Sec. 1096. RECOVERY OF EXCESS RIFLES, AMMUNITION, AND PARTS GRANTED TO FOREIGN COUNTRIES AND TRANSFER TO CERTAIN PERSONS
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## SEC. 1096 RECOVERY OF EXCESS RIFLES, AMMUNITION, AND PARTS GRANTED TO FOREIGN COUNTRIES AND TRANSFER TO CERTAIN PERSONS ###
(a)Recovery Subchapter II of chapter 407 of title 36, United States Code, is amended by inserting after section 40728A the following new section: > > ## “SEC. 40728B Recovery of excess rifles, ammunition, and parts granted to foreign countries and transfer to certain persons > > **[**[36 U.S.C. 40728B](/us/usc/t36/s40728B)**]** > > > ### “(a) Authority to Recover > > > ####
(1)> > Subject to paragraph
(2)and subsection (b), the Secretary of the Army may acquire from any person any rifle, ammunition, repair parts, or other supplies described in section 40731(a) of this title which were— > > > ##### “(A) > > provided to any country on a grant basis under the conditions imposed by section 505 of the Foreign Assistance Act of 1961 (22 U.S.C. 2314) that became excess to the needs of such country; and > > > ##### “(B) > > lawfully acquired by such person. > > > #### “(2) > > The Secretary of the Army may not acquire anything under paragraph
(1)except for transfer to a person in the United States under subsection (c). > > > #### “(3) > > The Secretary of the Army may accept rifles, ammunition, repair parts, or other supplies under paragraph
(1)notwithstanding section 1342 of title 31. > > > ### “(b) Cost of Recovery > > The Secretary of the Army may not acquire anything under subsection
(a)if the United States would incur any cost for such acquisition. > > > ### “(c) Availability for Transfer > > Any rifles, ammunition, repair parts, or supplies acquired under subsection
(a)shall be available for transfer in the United States to the person from whom acquired if such person— > > > #### “(1) > > is licensed as a manufacturer, importer, or dealer pursuant to section 923(a) of title 18; and > > > #### “(2) > > uses an ammunition depot of the Army that is an eligible facility for receipt of any rifles, ammunition, repair parts, or supplies under this paragraph. > > > ### “(d) Market Value > > The Secretary of the Army may only transfer an item under subsection
(c)if the Secretary receives fair market value for the item. > > > ### “(e) Contracts > > Notwithstanding subsection
(k)of section 2304 of title 10, the Secretary may enter into such contracts or cooperative agreements on a sole source basis pursuant to paragraphs
(4)and
(5)of subsection
(c)of such section to carry out this section. > > > ### “(f) AECA > > Transfers authorized under this section may only be made in accordance with applicable provisions of the Arms Export Control Act (22 U.S.C. 2778). > > > ### “(g) Rifle Defined > > In this section, the term ‘rifle’ has the meaning given such term in section 921 of title 18.” > . ###
(b)Sale Section 40732 of such title is amended— ####
(1)by adding at the end the following new subsection: > > ### “(d) Sales by Other Persons > > A person who receives a rifle or any ammunition, repair parts, or supplies under section 40728B(c) of this title may sell, at fair market value, such rifle, ammunition, repair parts, or supplies. With respect to rifles other than caliber .22 rimfire and caliber .30 rifles, the seller shall obtain a license as a dealer in rifles and abide by all requirements imposed on persons licensed under chapter 44 of title 18, including maintaining acquisition and disposition records, and conducting background checks.” > ; and ####
(2)in subsection (c)(1), by striking “The corporation may not” and inserting “No person acquiring a firearm under this chapter may”. ###
(c)Clerical Amendment **[**[36 U.S.C. 40701](/us/usc/t36/s40701)**]** The table of sections at the beginning of chapter 407 of such title is amended by inserting after the item relating to section 40728A the following new item:" “40728B. Recovery of excess rifles, ammunition, and parts granted to foreign countries and transfer to certain persons.” ". ###
(d)Report **[**[36 U.S.C. 40728B note](/us/usc/t36/s40728B)**]** ####
(1)Report required Not later than 180 days after the date of the enactment of this Act, the Secretary of the Army shall submit to the Committee on Armed Services and the Committee on Foreign Relations of the Senate and the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives a report on the acquisition and transfer of excess rifles, ammunition, repair parts, and other supplies described in section 40731(a) of title 36, United States Code, that were provided to a country on a grant basis under the conditions imposed by section 505 of the Foreign Assistance Act of 1961. The report shall include each of the following: #####
(A)A list of excess rifles, ammunition, repair parts, and other supplies known to the United States Army as eligible for transfer under section 40731(a) of title 36, United States Code. #####
(B)An assessment of whether and how the Secretary of the Army intends to use the authorities under section 40728B of title 36, United States Code, as added by this section. #####
(C)Any other issue that the Secretary of the Army considers appropriate. ####
(2)Prohibition on transfers pending submittal of report No rifle, ammunition, repair part, or supplies acquired under section 40728B(a) of title 36, United States Code, may be transferred until the date that is 90 days after the date of the submittal of the report required under paragraph (1). # TITLE XI CIVILIAN PERSONNEL MATTERS ## Subtitle A Department of Defense Matters Generally
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- 36 USC 40728B
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Sec. 1096
RECOVERY OF EXCESS RIFLES, AMMUNITION, AND PARTS GRANTED TO FOREIGN COUNTRIES AND TRANSFER TO CERTAIN PERSONS
Cite36 USC 40728B
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