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Corporation for the Promotion of Rifle Practice and Firearms Safety Act
S.1124
National Defense Authorization Act for Fiscal Year 1996
TITLE XVI--CORPORATION FOR THE PROMOTION OF RIFLE PRACTICE AND FIREARMS SAFETY
SEC. 1601. SHORT TITLE.
This title may be cited as the `Corporation for the Promotion of Rifle Practice and Firearms Safety Act'.
Subtitle A--Establishment and Operation of Corporation
SEC. 1611. ESTABLISHMENT OF THE CORPORATION.
(a) ESTABLISHMENT- There is established a private, nonprofit corporation to be known as the `Corporation for the Promotion of Rifle Practice and Firearms Safety' (in this title referred to as the `Corporation').
(b) PRIVATE, NONPROFIT STATUS-
(1) The Corporation shall not be considered to be a department, agency, or instrumentality of the Federal Government. An officer or employee of the Corporation shall not be considered to be an officer or employee of the Federal Government.
(2) 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 as an organization described in section 501(c)(3) of such Code.
(1) The Corporation shall have a Board of Directors consisting of not less than nine members.
(2) The Board of Directors may adopt bylaws, policies, and procedures for the Corporation and may take any other action that the Board of Directors considers necessary for the management and operation of the Corporation.
(3) Each member of the Board of Directors shall serve for a term of two years. Members of the Board of Directors are eligible for reappointment.
(4) A vacancy on the Board of Directors shall be filled by a majority vote of the remaining members of the Board.
(5) 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)) serve for a term of one year.
(d) DIRECTOR OF CIVILIAN MARKSMANSHIP-
(1) The Board of Directors shall appoint an individual to serve as the Director of Civilian Marksmanship.
(2) The Director shall be responsible for the performance of the daily operations of the Corporation and the functions described in section 1612.
SEC. 1612. CONDUCT OF CIVILIAN MARKSMANSHIP PROGRAM.
(a) FUNCTIONS- The Corporation shall have responsibility for the overall supervision, oversight, and control of the Civilian Marksmanship Program, pursuant to the transfer of the program under subsection (d), including the performance of the following:
(1) The instruction of citizens of the United States in marksmanship.
(2) The promotion of practice and safety in the use of firearms, including the conduct of matches and competitions in the use of those firearms.
(3) The award to competitors of trophies, prizes, badges, and other insignia.
(4) The provision of security and accountability for all firearms, ammunition, and other equipment under the custody and control of the Corporation.
(5) The issue, loan, or sale of firearms, ammunition, supplies, and appliances under section 1614.
(6) The procurement of necessary supplies, appliances, clerical services, other related services, and labor to carry out the Civilian Marksmanship Program.
(b) PRIORITY FOR YOUTH ACTIVITIES- In carrying out the Civilian Marksmanship Program, the Corporation shall give priority to activities that benefit firearms safety, training, and competition for youth and that reach as many youth participants as possible.
(c) ACCESS TO SURPLUS PROPERTY-
(1) The Corporation may obtain surplus property and supplies from the Defense Reutilization Marketing Service to carry out the Civilian Marksmanship Program.
(2) Any transfer of property and supplies to the Corporation under paragraph (1) shall be made without cost to the Corporation.
(d) TRANSFER OF CIVILIAN MARKSMANSHIP PROGRAM TO CORPORATION-
(1) The Secretary of the Army shall provide for the transition of the Civilian Marksmanship Program, as defined in section 4308(e) of title 10, United States Code (as such section was in effect on the day before the date of the enactment of this Act), from conduct by the Department of the Army to conduct by the Corporation. The transition shall be completed not later than September 30, 1996.
(2) To carry out paragraph (1), the Secretary shall provide such assistance and take such action as is necessary to maintain the viability of the program and to maintain the security of firearms, ammunition, and other property that are transferred or reserved for transfer to the Corporation under section 1615, 1616, or 1621.
SEC. 1613. ELIGIBILITY FOR PARTICIPATION IN CIVILIAN MARKSMANSHIP PROGRAM.
(a) CERTIFICATION REQUIREMENT-
(1) Before a person may participate in any activity sponsored or supported by the Corporation, the person shall be required to certify by affidavit the following:
(A) The person has not been convicted of any Federal or State felony or violation of section 922 of title 18, United States Code.
(B) The person is not a member of any organization that advocates the violent overthrow of the United States Government.
(2) The Director of Civilian Marksmanship may require any person
to attach to the person's affidavit a certification from the appropriate State
or Federal law enforcement agency for purposes of paragraph (1)(A).
(b) INELIGIBILITY RESULTING FROM CERTAIN CONVICTIONS- A person who has been convicted of a Federal or State felony or a violation of section 922 of title 18, United States Code, shall not be eligible to participate in any activity sponsored or supported by the Corporation through the Civilian Marksmanship Program.
(c) AUTHORITY TO LIMIT PARTICIPATION- The Director of Civilian Marksmanship may limit participation as necessary to ensure--
(1) quality instruction in the use of firearms;
(2) the safety of participants; and
(3) the security of firearms, ammunition, and equipment.
SEC. 1614. ISSUANCE, LOAN, AND SALE OF FIREARMS AND AMMUNITION BY THE CORPORATION.
(a) ISSUANCE AND 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, caliber .22 and .30 ammunition, air rifles, targets, and other supplies and appliances necessary for activities related to the Civilian Marksmanship Program to the following:
(1) Organizations affiliated with the Corporation that provide training in the use of firearms to youth.
(2) The Boy Scouts of America.
(4) Future Farmers of America.
(5) Other youth-oriented organizations.
(1) The Corporation may sell at fair market value caliber .22 rimfire and caliber .30 surplus rifles, caliber .22 and .30 ammunition, air rifles, repair parts, and accouterments to organizations affiliated with the Corporation that provide training in the use of firearms.
(2) Subject to subsection (e), the Corporation may sell at fair market value caliber .22 rimfire and caliber .30 surplus rifles, ammunition, targets, repair parts and accouterments, and other supplies and appliances necessary for target practice to citizens of the United States over 18 years of age who are members of a gun club affiliated with the Corporation. In addition to any other requirement, the Corporation shall establish procedures to obtain a criminal records check of the person with appropriate Federal and State law enforcement agencies.
(c) LIMITATIONS ON SALES-
(1) The Corporation may not offer for sale any repair part designed to convert any firearm to fire in a fully automatic mode.
(2) The Corporation may not sell rifles, ammunition, or any other item available for sale to individuals under the Civilian Marksmanship Program to a person who has been convicted of a felony or a violation of section 922 of title 18, United States Code.
(d) OVERSIGHT AND ACCOUNTABILITY- The Corporation shall be responsible for ensuring adequate oversight and accountability of all firearms issued or loaned under this section. The Corporation shall prescribe procedures for the security of issued or loaned firearms in accordance with Federal, State, and local laws.
(e) APPLICABILITY OF OTHER LAW-
(1) Subject to paragraph (2), sales under subsection (b)(2) are subject to applicable Federal, State, and local laws.
(2) Paragraphs (1), (2), (3), and (5) of section 922(a) of title 18, United States Code, do not apply to the shipment, transportation, receipt, transfer, sale, issuance, loan, or delivery by the Corporation of any item that the Corporation is authorized to issue, loan, sell, or receive under this title.
SEC. 1615. TRANSFER OF FIREARMS AND AMMUNITION FROM THE ARMY TO THE CORPORATION.
(a) TRANSFERS REQUIRED- The Secretary of the Army shall, in accordance with subsection (b), transfer to the Corporation all firearms and ammunition that on the day before the date of the enactment of this Act are under the control of the Director of the Civilian Marksmanship Program, 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 Anniston Army Depot, Anniston, Alabama.
(b) TIME FOR TRANSFER- The Secretary shall transfer firearms and ammunition under subsection (a) as and when necessary to enable the Corporation--
(1) to issue or loan such items in accordance with section 1614(a); or
(2) to sell such items to purchasers in accordance with section 1614(b).
(c) PARTS- The Secretary may make available to the Corporation any part from a rifle designated to be demilitarized in the inventory of the Department of the Army.
(d) VESTING OF TITLE IN TRANSFERRED ITEMS- Title to an item transferred to the Corporation under this section shall vest in the Corporation--
(1) upon the issuance of the item to a recipient eligible under section 1614(a) to receive the item; or
(2) immediately before the Corporation delivers the item to a purchaser of the item in accordance with a contract for a sale of the item that is authorized under section 1614(b).
(e) COSTS OF TRANSFERS- Any transfer of firearms, ammunition, or parts to the Corporation under this section shall be made without cost to the Corporation, except that the Corporation shall assume the cost of preparation and transportation of firearms and ammunition transferred under this section.
SEC. 1616. RESERVATION BY THE ARMY OF FIREARMS AND AMMUNITION FOR THE CORPORATION.
(a) RESERVATION OF FIREARMS AND AMMUNITION- The Secretary of the Army shall reserve for the Corporation the following:
(1) All firearms referred to in section 1615(a).
(2) Ammunition for such firearms.
(3) All M-16 rifles used to support the small arms firing school that are held by the Department of the Army on the date of the enactment of this Act.
(4) Any parts from, and accessories and accouterments for, surplus caliber .30 and caliber .22 rimfire rifles.
(b) STORAGE OF FIREARMS AND AMMUNITION- Firearms stored at Anniston Army Depot, Anniston, Alabama, before the date of the enactment of this Act and used for the Civilian Marksmanship Program shall remain at that facility, or another storage facility designated by the Secretary of the Army, without cost to the Corporation, until the firearms are issued, loaned, or sold by, or otherwise transferred to, the Corporation.
(c) LIMITATION ON DEMILITARIZATION OF M-1 RIFLES- After the date of the enactment of this Act, the Secretary may not demilitarize any M-1 Garand rifle in the inventory of the Army unless that rifle is determined by the Defense Logistics Agency to be unserviceable.
(d) EXCEPTION FOR TRANSFERS TO FEDERAL AND STATE AGENCIES FOR COUNTERDRUG PURPOSES- The requirement specified in subsection (a) does not supersede the authority provided in section 1208 of the National Defense Authorization Act for Fiscal Years 1990 and 1991 (Public Law 101-189; 10 U.S.C. 372 note).
SEC. 1617. ARMY LOGISTICAL SUPPORT FOR THE PROGRAM.
(a) LOGISTICAL SUPPORT- The Secretary of the Army shall provide logistical support to the Civilian Marksmanship Program and for competitions and other activities conducted by the Corporation. The Corporation shall reimburse the Secretary for incremental direct costs incurred in providing such support. Such reimbursements shall be credited to the appropriations account of the Department of the Army that is charged to provide such support.
(b) RESERVE COMPONENT PERSONNEL- The Secretary shall provide, without cost to the Corporation, for the use of members of the National Guard and Army Reserve to support the National Matches as part of the performance of annual training pursuant to titles 10 and 32, United States Code.
(c) USE OF DEPARTMENT OF DEFENSE FACILITIES FOR NATIONAL MATCHES- The National Matches may continue to be held at those Department of Defense facilities at which the National Matches were held before the date of the enactment of this Act.
(d) REGULATIONS- The Secretary shall prescribe regulations to carry out this section.
SEC. 1618. GENERAL AUTHORITIES OF THE CORPORATION.
(1) The Corporation may solicit, accept, hold, use, and dispose of donations of money, property, and services received by gift, devise, bequest, or otherwise.
(2) The Corporation may impose, collect, and retain such fees as are reasonably necessary to cover the direct and indirect costs of the Corporation to carry out the Civilian Marksmanship Program.
(3) Amounts collected by the Corporation under the authority of this subsection, including the proceeds from the sale of firearms, ammunition, targets, and other supplies and appliances, may be used only to support the Civilian Marksmanship Program.
(b) CORPORATE SEAL- The Corporation may adopt, alter, and use a corporate seal, which shall be judicially noticed.
(c) CONTRACTS- The Corporation may enter into contracts, leases, agreements, or other transactions.
(d) OBLIGATIONS AND EXPENDITURES- The Corporation may 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.
(e) RELATED AUTHORITY- The Corporation may take such other actions as are necessary or appropriate to carry out the authority provided in this section.
SEC. 1619. DISTRIBUTION OF CORPORATE ASSETS IN EVENT OF DISSOLUTION.
(a) DISTRIBUTION- If the Corporation dissolves, then--
(1) upon the dissolution of the Corporation, title to all firearms stored at Anniston Army Depot, Anniston, Alabama, on the date of the dissolution, all 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, and all trophies received by the Corporation from the National Board for the Promotion of Rifle Practice as of such date, shall vest in the Secretary of the Army, and the Secretary shall have the immediate right to the possession of such items;
(2) assets of the Corporation, other than assets described in paragraph (1), may be distributed by the Corporation to an organization that--
(A) is exempt from taxation under section 501(a) of the Internal Revenue Code of 1986 as an organization described in section 501(c)(3) of such Code; and
(B) performs functions similar to the functions described in section 1612(a); and
(3) all assets of the Corporation that are not distributed pursuant to paragraphs (1) and (2) shall be sold, and the proceeds from the sale of such assets shall be deposited in the Treasury.
(b) PROHIBITION- Assets of the Corporation that are distributed pursuant to the authority of subsection (a) may not be distributed to an individual.
Subtitle B--Transitional Provisions
SEC. 1621. TRANSFER OF FUNDS AND PROPERTY TO THE CORPORATION.
(a) FUNDS- (1) On the date of the submission of a certification in accordance with section 1623 or, if earlier, October 1, 1996, the Secretary of the Army shall transfer to the Corporation--
(A) the amounts that are available to the National Board for the Promotion of Rifle Practice from sales programs and fees collected in connection with competitions sponsored by the Board; and
(B) all funds that are in the nonappropriated fund account known as the National Match Fund.
(2) The funds transferred under paragraph (1)(A) shall be used to carry out the Civilian Marksmanship Program.
(3) Transfers under paragraph (1)(B) shall be made without cost to the Corporation.
(b) PROPERTY- The Secretary of the Army shall, as soon as practicable, transfer to the Corporation the following:
(1) All automated data equipment, all other office equipment, targets, target frames, vehicles, and all other property under the control of the Director of Civilian Marksmanship and the Civilian Marksmanship Support Detachment on the day before the date of the enactment of this Act (other than property to which section 1615(a) applies).
(2) Title to property under the control of the National Match Fund on such day.
(3) All supplies and appliances under the control of the Director of the Civilian Marksmanship Program on such day.
(c) OFFICES- The Corporation may use the office space of the Office of the Director of Civilian Marksmanship until the date on which the Secretary of the Army completes the transfer of the Civilian Marksmanship Program to the Corporation. The Corporation shall assume control of the leased property occupied as of the date of the enactment of this Act by the Civilian Marksmanship Support Detachment, located at the Erie Industrial Park, Port Clinton, Ohio.
(d) COSTS OF TRANSFERS- Any transfer of items to the Corporation under this section shall be made without cost to the Corporation.
SEC. 1622. CONTINUATION OF ELIGIBILITY FOR CERTAIN CIVIL SERVICE BENEFITS FOR FORMER FEDERAL EMPLOYEES OF CIVILIAN MARKSMANSHIP PROGRAM.
(a) CONTINUATION OF ELIGIBILITY- Notwithstanding any other provision of law, a Federal employee who is employed by the Department of Defense to support the Civilian Marksmanship Program as of the day before the date of the transfer of the Program to the Corporation and is offered employment by the Corporation as part of the transition described in section 1612(d) may, if the employee becomes employed by the Corporation, continue to be eligible during continuous employment with the Corporation for the Federal health, retirement, and similar benefits (including life insurance) for which the employee would have been eligible had the employee continued to be employed by the Department of Defense. The employer's contribution for such benefits shall be paid by the Corporation.
(b) REGULATIONS- The Director of the Office of Personnel Management shall prescribe regulations to carry out subsection (a).
SEC. 1623. CERTIFICATION OF COMPLETION OF TRANSITION.
(a) CERTIFICATION REQUIREMENT- Upon completion of the appointment of the Board of Directors for the Corporation under section 1611(c)(5) and of the transition required under section 1612(d), the Secretary of the Army shall submit to the Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives a certification of the completion of such actions.
(b) PUBLICATION OF CERTIFICATION- The Secretary shall take such actions as are necessary to ensure that the certification is published in the Federal Register promptly after the submission of the certification under subsection (a).
SEC. 1624. REPEAL OF AUTHORITY FOR CONDUCT OF CIVILIAN MARKSMANSHIP PROGRAM BY THE ARMY.
(a) REPEALS- (1) Sections 4307, 4308, 4310, and 4311 of title 10, United States Code, are repealed.
(2) The table of sections at the beginning of chapter 401 of such title is amended by striking out the items relating to sections 4307, 4308, 4310, and 4311.
(b) CONFORMING AMENDMENTS- (1) Section 4313 of title 10, United States Code, is amended--
(A) by striking out subsection (b); and
(i) by striking out `(a) JUNIOR COMPETITORS- ' and inserting in lieu thereof `(a) ALLOWANCES FOR PARTICIPATION OF JUNIOR COMPETITORS- '; and
(ii) in paragraph (3), by striking out `(3) For the purposes of this subsection' and inserting in lieu thereof `(b) JUNIOR COMPETITOR DEFINED- For the purposes of subsection (a)'.
(2) Section 4316 of such title is amended by striking out `, including fees charged and amounts collected pursuant to subsections (b) and (c) of section 4308,'.
(3) Section 925(a)(2)(A) of title 18, United States Code, is amended by inserting after `section 4308 of title 10' the following: `before the repeal of such section by section 1624(a) of the Corporation for the Promotion of Rifle Practice and Firearms Safety Act'.
(c) EFFECTIVE DATE- The amendments made by this section shall take effect on the earlier of--
(1) the date on which the Secretary of the Army submits a certification in accordance with section 1623; or