Feb. 10, 1996, Pub. L. 104-106, title XVI, §1611(c)(1)(4), (d), 110 Stat. 516.

In subsection (a)(1), the words "The board of directors is the governing body of the corporation" are added for consistency in the revised title.

In subsection (a)(3), the words "The term of office of a director is 2 years" are substituted for "Each member of the Board of Directors shall serve for a term of two years", and the words "A director may be reappointed" are substituted for "Members of the Board of Directors are eligible for reappointment", for consistency in the revised title and to eliminate unnecessary words.

In subsection (b)(1), the words "an individual to serve as" are omitted as unnecessary.

In subsection (b)(2), before clause (A), the words "is responsible for" are substituted for "shall be responsible for the performance of" to eliminate unnecessary words. In clause (B), the words "duties of the corporation under subchapter II of this chapter" are substituted for "functions described in section 5502" because subchapter II of this chapter restates 36:5502-5504 and 5507 and all of these sections provide for duties of the corporation that are the responsibility of the Director of Civilian Marksmanship.

INITIAL BOARD OF DIRECTORS

Pub. L. 104-106, div. A, title XVI, §1611(c)(5), Feb. 10, 1996, 110 Stat. 516 [former 36 U.S.C. 5501(c)(5)], provided that: "The Secretary of the Army shall appoint the initial Board of Directors. Four of the members of the initial Board of Directors, to be designated by the Secretary at the time of appointment, shall (notwithstanding paragraph (3)) [now 36 U.S.C. 40702(a)(3)] serve for a term of one year."

Clause (3) is substituted for "The Corporation may solicit, accept, hold, use, and dispose of donations of money, property, and services received by gift, devise, bequest, or otherwise" in 36:5508(a)(1) and "enter into leases" in 36:5508(c) for consistency in the revised

title.

Clause (4) is substituted for "determine the character of, and necessity for, its obligations and expenditures and the manner in which they shall be incurred, allowed, and paid and may incur, allow, and pay such obligations and expenditures" to eliminate unnecessary words.

In clause (5), the words "charge fees to cover the corporation's costs" are substituted for "impose, collect, and retain such fees as are reasonably necessary to cover the direct and indirect costs of the Corporation" to eliminate unnecessary words.

Clause (6) is substituted for "take such other actions as are necessary or appropriate to carry out the authority provided in this section" for consistency in the revised title.

40704(b)

36:5508(a)(3).

Source (Statutes at Large)

Feb. 10, 1996, Pub. L. 104-106, title XVI, §§ 1611(a) (related to nonprofit), 1618(a)(3), 110 Stat. 515, 520.

In subsection (b), the words "ammunition, repair parts, and other supplies" are substituted for "ammunition, targets, and other supplies and appliances" for consistency in the revised title.

§ 40705. Duty to maintain tax-exempt status

The corporation shall be operated in a manner and for purposes that qualify the corporation for exemption from taxation under section 501(a) of the Internal Revenue Code of 1986 (26 U.S.C. 501(a)) as an organization described in section 501(c)(3) of that Code (26 U.S.C. 501(c)(3)).

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1336.) HISTORICAL AND REVISION NOTES

40705

36:5501(b)(2).

Source (Statutes at Large)

36:5508(e).

In clause (2), the words "make contracts" are substituted for "enter into contracts" for consistency in the revised title. The words "agreements, or other transactions" are omitted as included in "contracts".

Feb. 10, 1996, Pub. L. 104-106, title XVI, §1611(b)(2), 110 Stat. 516.

§ 40706. Distribution of assets on dissolution

(a) SECRETARY OF THE ARMY.-On dissolution of the corporation, title to the following items, and the right to possess the items, vest in the Secretary of the Army

(1) firearms stored at Defense Distribution Depot, Anniston, Anniston, Alabama on the date of dissolution.

(2) M-16 rifles under control of the corporation.

(3) trophies received from the National Board for the Promotion of Rifle Practice through the date of dissolution.

(b) TAX-EXEMPT ORGANIZATIONS.—(1) On dissolution of the corporation, an asset not described in subsection (a) of this section may be distributed to an organization that—

(A) is exempt from taxation under section 501(a) of the Internal Revenue Code of 1986 (26 U.S.C. 501(a)) as an organization described in section 501(c)(3) of that Code (26 U.S.C. 501(c)(3)); and

(B) performs functions similar to the functions described in section 40722 of this title. (2) An asset distributed under this subsection may not be distributed to an individual.

(c) TREASURY.-On dissolution of the corporation, any asset not distributed under subsection (a) or (b) of this section shall be sold and the proceeds shall be deposited in the Treasury. (Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1336.) HISTORICAL AND REVISION NOTES

In subsection (a), before clause (1), the words "title to the following items, and the right to possess the items, vest in the Secretary of the Army" are substituted for "title to [specified items] . . . shall vest in the Secretary of the Army, and the Secretary shall have the immediate right to the possession of such items" to eliminate unnecessary words. In clause (2), the words "M-16 rifles under control of the corporation" are substituted for "M-16 rifles that are transferred to the Corporation under section 1615(a)(2), that are referred to in section 1616(a)(3), or that are otherwise under the control of the Corporation" to eliminate unnecessary words.

In subsection (b), paragraph (2) is applied only to subsection (b) because the prohibition is not relevant to 36:5509(a)(1) or (3).

§ 40707. Nonapplication of audit requirements

The audit requirements of section 10101 of this title do not apply to the corporation.

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1337.) HISTORICAL AND REVISION NOTES

The functions of the Civilian Marksmanship Program are

(1) to instruct citizens of the United States in marksmanship;

(2) to promote practice and safety in the use of firearms;

(3) to conduct competitions in the use of firearms and to award trophies, prizes, badges, and other insignia to competitors;

(4) to secure and account for firearms, ammunition, and other equipment for which the corporation is responsible;

(5) to issue, loan, or sell firearms, ammunition, repair parts, and other supplies under sections 40731 and 40732 of this title; and

(6) to procure necessary supplies and services to carry out the Program.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1337.) HISTORICAL AND REVISION NOTES

Before clause (1), the words "The functions of the Civilian Marksmanship Program are" are added because of the reorganization of the revised chapter.

In clause (3), the word "matches" is omitted as included in "competitions".

In clause (4), the words "to secure and account for" are substituted for "The provision of security and accountability for" for clarity and to eliminate unnecessary words. The words "for which the corporation is responsible" are substituted for "under the custody and control of the Corporation" for clarity and for consistency with section 40731(b) of this title related to firearms that are not under the direct custody and control of the corporation because they have been issued or loaned.

In clause (5), the words "ammunition, repair parts, and other supplies" are substituted for "ammunition,

supplies, and appliances" for consistency in the revised title.

In clause (6), the words "supplies and services" are substituted for "supplies, appliances, clerical services, other related services, and labor" to eliminate unnecessary words.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 40706 of this title.

§ 40723. Eligibility for participation

(a) CERTIFICATION.—(1) An individual shall certify by affidavit, before participating in an activity sponsored or supported by the corporation, that the individual—

(A) has not been convicted of a felony; (B) has not been convicted of a violation of section 922 of title 18; and

(C) is not a member of an organization that advocates the violent overthrow of the United States Government.

(2) The Director of Civilian Marksmanship may require an individual to provide certification from law enforcement agencies to verify that the individual has not been convicted of a felony or a violation of section 922 of title 18.

(b) INELIGIBILITY.-An individual may not participate in an activity sponsored or supported by the corporation if the individual

(1) has been convicted of a felony; or

(2) has been convicted of a violation of section 922 of title 18.

§40725. National Matches and small-arms firing school

(a) ANNUAL COMPETITION.-An annual competition called the "National Matches" and consisting of rifle and pistol matches for a national trophy, medals, and other prizes shall be held as prescribed by the Secretary of the Army.

(b) ELIGIBLE PARTICIPANTS.-The National Matches are open to members of the Armed Forces, National Guard, Reserve Officers' Training Corps, Air Force Reserve Officers' Training Corps, Citizens' Military Training Camps, Citizens' Air Training Camps, and rifle clubs, and to civilians.

(c) SMALL-ARMS FIRING SCHOOL.-A small-arms firing school shall be held in connection with the National Matches.

(d) OTHER COMPETITIONS.-Competitions for which trophies and medals are provided by the National Rifle Association of America shall be held in connection with the National Matches. (Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1338.) HISTORICAL AND REVISION NOTES

In subsection (a)(1), the words "shall certify" are substituted for "shall be required to certify", and the word "felony" is substituted for "Federal or State felony", to eliminate unnecessary words.

In subsection (a)(2), the words "provide certification" are substituted for "attach to the person's affidavit a certification", and the words "law enforcement agencies" are substituted for "appropriate State or Federal law enforcement agency", to eliminate unnecessary words.

In subsection (b), the words "may not participate" are substituted for "shall not be eligible to participate" to eliminate unnecessary words. The words "through the Civilian Marksmanship Progiani' are omitted as unnecessary. The word "felony" is substituted for "Federal or State felony" to eliminate unnecessary words.

In subsection (c)(3), the words "the quality of instruction" are substituted for "quality instruction" for consistency in the subsection.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 18 section 922.

In subsection (a). the provision for the National Matches to be held as prescribed by "the Secretary of the Army" is retained notwithstanding section 1612(d) of The National Defense Authorization Act for Fiscal Year 1996 (Public Law 104-106, 110 Stat. 517) which transferred the Civilian Marksmanship Program, including the National Matches, from the Secretary of the Army to the corporation. The conforming amendments in section 1624 of the Act (110 Stat. 522) did not repeal the authority of the Secretary of the Army to prescribe National Matches under 10:4312 or to prescribe subsistence and travel allowances for competitors under 10:4313.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 40726 of this title.

§ 40726. Allowances for junior competitors

(a) DEFINITION.-In this section, a "junior competitor" is a competitor at the National Matches, a small-arms firing school, a competition in connection with the National Matches, or a special clinic under section 40725 of this title who is

(1) less than 18 years of age; or

(2) a member of a gun club organized for the students of a college or university.

(b) SUBSISTENCE ALLOWANCE.-A junior competitor may be paid a subsistence allowance in an amount prescribed by the Secretary of the Army.

(c) TRAVEL ALLOWANCE.-A junior competitor may be paid a travel allowance in an amount prescribed by the Secretary instead of travel expenses and subsistence while traveling. The travel allowance for the return trip may be paid in advance.

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1338.) HISTORICAL AND REVISION NOTES

In this section, the provisions for a junior competitor to be paid a subsistence allowance and a travel allowance prescribed by "the Secretary of the Army" are retained notwithstanding section 1612(d) of The National Defense Authorization Act for Fiscal Year 1996 (Public Law 104-106, 110 Stat. 517) which transferred the Civilian Marksmanship Program, including the National Matches, from the Secretary of the Army to the corporation. The conforming amendments in section 1624 of the Act (110 Stat. 522) did not repeal the authority of the Secretary of the Army to prescribe National Matches under 10:4312 or to prescribe subsistence and travel allowances for competitors under 10:4313.

§ 40727. Army support

(a) LOGISTICAL SUPPORT.-The Secretary of the Army shall provide logistical support to the Civilian Marksmanship Program for competitions and other activities. The corporation shall reimburse the Secretary for incremental direct costs incurred in providing logistical support. The reimbursements shall be credited to the appropriations account of the Department of the Army that is charged to provide the logistical support.

(b) NATIONAL MATCHES. (1) The National Matches may be held at Department of Defense facilities where the National Matches were held before February 10, 1996.

(2) The Secretary shall provide, without cost to the corporation, members of the National Guard and Army Reserve to support the National Matches as part of the annual training under title 10 and title 32.

(c) REGULATIONS.-The Secretary shall prescribe regulations to carry out this section. (Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1338.) HISTORICAL AND REVISION NOTES

In subsection (a), the words "other activities" are substituted for "other activities conducted by the Corporation" to eliminate unnecessary words.

In subsection (b)(1), the words "continue to" are omitted as unnecessary.

In subsection (b)(2), the words "for the use of" and "performance of" are omitted as unnecessary.

§ 40728. Transfer of firearms, ammunition, and parts

(a) REQUIRED TRANSFERS.-In accordance with subsection (b) of this section, the Secretary of the Army shall transfer to the corporation all firearms and ammunition that, on February 9, 1996, were under the control of the director of civilian marksmanship (as that position existed under section 4307 of title 10 on February 9, 1996), including

(1) all firearms on loan to affiliated clubs and State associations;

(2) all firearms in the possession of the Civilian Marksmanship Support Detachment; and

(3) all M-1 Garand and caliber .22 rimfire rifles stored at Defense Distribution Depot, Anniston, Anniston, Alabama.

(b) TIME FOR TRANSFERS.-The Secretary shall transfer firearms and ammunition under subsection (a) of this section as and when necessary to enable the corporation

(1) to issue or loan firearms or ammunition under section 40731 of this title; or

(2) to sell firearms or ammunition under section 40732 of this title.

(c) VESTING OF TITLE IN TRANSFERRED ITEMS.— Title to an item transferred to the corporation under this section shall vest in the corporation

(1) on the issuance of the item to an eligible recipient under section 40731 of this title; or (2) immediately before the corporation delivers the item to a purchaser in accordance with a contract for sale of the item that is authorized under section 40732 of this title.

(d) STORAGE OF FIREARMS.-Firearms stored at Defense Distribution Depot, Anniston, Anniston, Alabama, before February 10, 1996, and used for the Civilian Marksmanship Program (as that program existed under section 4308(e) of title 10 before February 10, 1996), shall remain at that facility or another storage facility designated by the Secretary, without cost to the corporation, until the firearms are issued, loaned, or sold by the corporation, or otherwise transferred to the corporation.

(e) DISCRETIONARY TRANSFER OF PARTS.-The Secretary may transfer from the inventory of the Department of the Army to the corporation any part from a rifle designated to be demilitarized.

(f) LIMITATION ON DEMILITARIZATION OF M-1 RIFLES.-After February 10, 1996, the Secretary may not demilitarize an M-1 Garand rifle in the

Feb. 10, 1996, Pub. L. 104-106, title XVI, §§ 1615, 1616(b), (c), 110 Stat. 518, 519; Sept. 23, 1996, Pub. L. 104-201, title X, §1073(c)(1), (2), 110 Stat. 2657.

In subsection (a), the words "director of civilian marksmanship (as that position existed under section 4307 of title 10 on February 9, 1996)" are substituted for "Director of the Civilian Marksmanship Program" to avoid confusion with the office of the Director of Civilian Marksmanship created on February 10, 1996, by section 1611(d) of The National Defense Authorization Act for Fiscal Year 1996 (Public Law 104-106, 110 Stat. 516). In subsection (b), the words "firearms or ammunition" are substituted for "such items" for clarity. In clause (2), the words "to purchasers" are omitted as unnecessary.

In subsection (c)(1), the words "eligible recipient" are substituted for "recipient eligible . . . to receive the item" to eliminate unnecessary words.

In subsection (c)(2), the word "purchaser" is substituted for "purchaser of the item" to eliminate unnecessary words.

In subsection (d), the words "(as that program existed under section 4308(e) of title 10 before February 10, 1996)" are added for clarity. The words "issued, loaned, or sold by the corporation" are substituted for "issued, loaned, or sold by" for clarity.

In subsection (e), the words "transfer . . . to" are substituted for "make available to" for consistency in the revised section and in consideration of the words "transfer of... parts to" in 36:5505(e).

REFERENCES IN TEXT

Sections 4307 and 4308 of title 10, referred to in subsecs. (a) and (d), were repealed by Pub. L. 104-106, div. A, title XVI, §1624(a)(1), Feb. 10, 1996, 110 Stat. 522.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 40729 of this title.

§ 40729. Reservation of firearms, ammunition, and parts

(a) RESERVATION.-The Secretary of the Army shall reserve for the corporation

(1) firearms described in section 40728(a) of this title;

(2) ammunition for firearms described in 40728(a) of this title;

(3) M-16 rifles held by the Department of the Army on February 10, 1996, and used to support the small-arms firing school; and

(4) parts from, and other supplies for, surplus caliber .30 and caliber .22 rimfire rifles.

36:5506(d).

In subsection (a)(4), the words "other supplies" are substituted for "accessories and accouterments" for consistency in the revised title.

REFERENCES IN TEXT

Section 1208 of the National Defense Authorization Act for Fiscal Years 1990 and 1991, referred to in subsec. (b), is section 1208 of Pub. L. 101-189, div. A, title XII, Nov. 29, 1989, 103 Stat. 1566, as amended, which was set out as a note under section 372 of Title 10, Armed Forces, and was repealed and restated in section 2576a of Title 10 by Pub. L. 104-201, div. A, title X, §1033(a)(1), (b)(1), Sept. 23, 1996, 110 Stat. 2639, 2640.

§ 40731. Issuance or loan of firearms and supplies

(a) ISSUANCE OR LOAN.-For purposes of training and competition, the corporation may issue or loan, with or without charges to recover administrative costs, caliber .22 rimfire and caliber .30 surplus rifles, air rifles, caliber .22 and .30 ammunition, repair parts, and other supplies necessary for activities related to the Civilian Marksmanship Program to

(1) organizations affiliated with the corporation that provide firearms training to youth; (2) the Boy Scouts of America;

(3) 4-H Clubs;

(4) the Future Farmers of America; and (5) other youth oriented organizations. (b) SECURITY OF FIREARMS.-The corporation shall ensure adequate oversight and accountability for firearms issued or loaned under this section. The corporation shall prescribe procedures for the security of issued or loaned firearms in accordance with United States, State, and local laws.

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1340.)