---
kind: "section"
citation: "36 U.S.C. § 40728A"
title: "36"
title_heading: "Patriotic and National Observances, Ceremonies, and Organizations"
number: "40728A"
heading: "Recovery of excess firearms, ammunition, and parts granted to foreign countries and transfer to corporation"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/36/40728A"
units:
  - "Subtitle II — Patriotic and National Organizations"
  - "Part B — Organizations"
  - "Chapter 407 — Corporation for the Promotion of Rifle Practice and Firearms Safety"
  - "Subchapter II — Civilian Marksmanship Program"
---

# §40728A. Recovery of excess firearms, ammunition, and parts granted to foreign countries and transfer to corporation

- (a) **Authority to Recover.—** The Secretary of the Army may recover from any country to which surplus firearms, ammunition, repair parts, or other supplies described in [section 40732(a) of this title](/usc/36/40732.md?p=a) are furnished on a grant basis under the conditions imposed by section 505 of the Foreign Assistance Act of 1961 ([22 U.S.C. 2314](/usc/22/2314.md)) any such surplus firearms, ammunition, repair parts, or supplies that become excess to the needs of such country.
- (b) **Cost of Recovery.—**
  - (1) Except as provided in [paragraph (2)](#b-2), the cost of recovery of any surplus firearms, ammunition, repair parts, or supplies under [subsection (a)](#a) shall be treated as incremental direct costs incurred in providing logistical support to the [corporation](/usc/36/220501.md?p=b-7) for which reimbursement shall be required as provided in [section 40727(a) of this title](/usc/36/40727.md?p=a).
  - (2) The Secretary may require the [corporation](/usc/36/220501.md?p=b-7) to pay costs of recovery described in [paragraph (1)](#b-1) in advance of incurring such costs. Amounts so paid shall not be subject to the provisions of [section 3302 of title 31](/usc/31/3302.md), but shall be administered in accordance with the last sentence of [section 40727(a) of this title](/usc/36/40727.md?p=a).
- (c) **Availability for Transfer to Corporation.—** Any surplus firearms, ammunition, repair parts, or supplies recovered under [subsection (a)](#a) shall be available for transfer to the [corporation](/usc/36/220501.md?p=b-7) in accordance with [section 40728 of this title](/usc/36/40728.md) under such additional terms and conditions as the Secretary shall prescribe for purposes of this section.

## Source credit

(Added Pub. L. 109–364, div. A, title III, § 354(a), Oct. 17, 2006, 120 Stat. 2162; amended Pub. L. 114–92, div. A, title X, § 1087(a)(2)(A), Nov. 25, 2015, 129 Stat. 1013.)

## Notes

### Editorial Notes

### Amendments

2015—Pub. L. 114–92, § 1087(a)(2)(A)(i), substituted “surplus firearms” for “rifles” wherever appearing.

Subsec. (a). Pub. L. 114–92, § 1087(a)(2)(A)(ii), substituted “section 40732(a)” for “section 40731(a)”.