I

104TH CONGRESS

1ST SESSION H. R. 1645

To convert the Army program for the promotion of civilian marksmanship

and the National Board for the Promotion of Rifle Practice into a

nonappropriated fund instrumentality of the Department of Defense.

IN THE HOUSE OF REPRESENTATIVES

MAY 16, 1995

Mr. GILLMOR (for himself, Ms. KAPTUR, Mr. CUNNINGHAM, Mr. HOBSON, Mr.

SAM JOHNSON of Texas, Mr. SCARBOROUGH, Mr. CRANE, Mr. CHABOT,

Mrs. KELLY Mr. NEY, Mr. COLLINS of Georgia, Mr. SANDERS, Mr.

PORTMAN, Mr. LAZIO of New York, Mr. DELAY, and Mr. HOKE) introduced the following bill; which was referred to the Committee on National

Security

A BILL

To convert the Army program for the promotion of civilian

marksmanship and the National Board for the Promotion of Rifle Practice into a nonappropriated fund

instrumentality of the Department of Defense.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Civilian Marksmanship

5 Program Privatization Act’’.
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1 SEC. 2. CONVERSION OF CIVILIAN MARKSMANSHIP PRO2 GRAM TO NONAPPROPRIATED FUND INSTRU3 MENTALITY AND ACTIVITIES UNDER PRO4 GRAM.

5 (a) CONVERSION.—Section 4307 of title 10, United

6 States Code, is amended to read as follows:

7 ‘‘§ 4307. Promotion of rifle practice and firearms safe8 ty: administration

9 ‘‘(a) NONAPPROPRIATED FUND INSTRUMENTAL10 ITY.—On and after October 1, 1995, the Civilian Marks11 manship Program shall be operated as a nonappropriated

12 fund instrumentality of the United States within the De13 partment of Defense for the benefit of members of the

14 armed forces and for the promotion of rifle practice and

15 firearms safety among civilians.

16 ‘‘(b) NATIONAL BOARD.—(1) The Civilian Marks17 manship Program shall be under the general supervision

18 of a National Board for the Promotion of Rifle Practice

19 and Firearms Safety, which shall replace the National

20 Board for the Promotion of Rifle Practice. The National

21 Board shall consist of nine members who are appointed

22 by the Secretary of the Army.

23 ‘‘(2) The term of office of a member of the National

24 Board shall be two years. However, in the case of the ini25 tial National Board, the Secretary shall appoint four mem26 bers who will have a one-year term.
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1 ‘‘(3) Members of the National Board shall serve with2 out compensation, except that members shall be allowed

3 travel expenses, including per diem in lieu of subsistence,

4 at rates authorized for employees of agencies under sub5 chapter I of chapter 57 of title 5, while away from their

6 homes or regular places of business in the performance

7 of services for the National Board.

8 ‘‘(c) DIRECTOR AND STAFF.—The National Board

9 shall appoint a person to serve as director of the Civilian

10 Marksmanship Program. The compensation and benefits

11 of the director and all other civilian employees of the De12 partment of Defense utilized by the Civilian Marksman13 ship Program shall be paid from nonappropriated funds

14 available to the Civilian Marksmanship Program.

15 ‘‘(d) FUNDING.—(1) Except as provided in section

16 4310 of this title, funds appropriated or otherwise made

17 available to the Department of Defense in appropriation

18 Acts may not be obligated or expended to benefit the Civil19 ian Marksmanship Program or activities conducted by the

20 Civilian Marksmanship Program.

21 ‘‘(2) The National Board and the director may solicit,

22 accept, hold, use, and dispose of, in furtherance of the ac23 tivities of the Civilian Marksmanship Program, donations

24 of money, property, and services received by gift, devise,

25 bequest, or otherwise. Donations may be accepted from
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1 munitions and firearms manufacturers notwithstanding

2 any legal restrictions otherwise arising from their procure3 ment relationships with the Federal Government.

4 ‘‘(3) Amounts collected under the Civilian Marksman5 ship Program, including the proceeds from the sale of

6 arms, ammunition, targets, and other supplies and appli7 ances under section 4308 of this title, shall be credited

8 to the Civilian Marksmanship Program and shall be avail9 able to carry out the Civilian Marksmanship Program.

10 Amounts collected by, and available to, the National

11 Board for the Promotion of Rifle Practice before the date

12 of the enactment of this section from rifle sales programs

13 and from fees in connection with competitions sponsored

14 by that Board shall be transferred to the National Board

15 to be available to carry out the Civilian Marksmanship

16 Program.

17 ‘‘(4) Funds held on behalf of the Civilian Marksman18 ship Program shall not be construed to be Government

19 or public funds or appropriated funds and shall not be

20 available to support other nonappropriated fund instru21 mentalities of the Department of Defense. Funds held on

22 behalf of other nonappropriated fund instrumentalities of

23 the Department of Defense shall not be available to sup24 port the Civilian Marksmanship Program. Expenditures

25 on behalf of the Civilian Marksmanship Program, includ-
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1 ing compensation and benefits for civilian employees, may

2 not exceed $5,000,000 during any fiscal year. The ap3 proval of the National Board shall be required for any ex4 penditure in excess of $50,000. Notwithstanding any other

5 provision of law, funds held on behalf of the Civilian

6 Marksmanship Program shall remain available until ex7 pended.

8 ‘‘(e) DEFINITIONS.—In this section and sections

9 4308 through 4313 of this title:

10 ‘‘(1) The term ‘Civilian Marksmanship Pro11 gram’ means the rifle practice and firearms safety

12 program carried out by the National Board under

13 section 4308 and includes the National Matches and

14 small-arms firing schools referred to in section 4312

15 of this title.

16 ‘‘(2) The term ‘National Board’ means the Na17 tional Board for the Promotion of Rifle Practice and

18 Firearms Safety.’’.

19 (b) ACTIVITIES.—Section 4308 of such title is

20 amended to read as follows:

21 ‘‘§ 4308. Promotion of rifle practice and firearms safe22 ty: activities

23 ‘‘(a) INSTRUCTION, SAFETY, AND COMPETITION

24 PROGRAMS.—(1) The Civilian Marksmanship Program

25 shall provide for—
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1 ‘‘(A) the operation and maintenance of indoor

2 and outdoor rifle ranges and their accessories and

3 appliances;

4 ‘‘(B) the instruction of citizens of the United

5 States in marksmanship, and the employment of

6 necessary instructors for that purpose;

7 ‘‘(C) the promotion of practice in the use of ri8 fled arms and the maintenance and management of

9 matches or competitions in the use of those arms;

10 and

11 ‘‘(D) the award to competitors of trophies,

12 prizes, badges, and other insignia.

13 ‘‘(2) In carrying out this subsection, the Civilian

14 Marksmanship Program shall give priority to activities

15 that benefit firearms safety training and competition for

16 youth and reach as many youth participants as possible.

17 ‘‘(3) Before a person may participate in any activity

18 sponsored or supported by the Civilian Marksmanship

19 Program under this subsection, the person shall be re20 quired to certify that the person has not violated any Fed21 eral or State firearms laws.

22 ‘‘(b) SALE AND ISSUANCE OF ARMS AND AMMUNI23 TION.—(1) The Civilian Marksmanship Program may

24 issue, without cost, the arms, ammunition (including cali25 ber .22 and caliber .30 ammunition), targets, and other
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1 supplies and appliances necessary for activities conducted

2 under subsection (a). Issuance shall be made only to gun

3 clubs under the direction of the National Board that pro4 vide training in the use of rifled arms to youth, the Boy

5 Scouts of America, 4–H Clubs, Future Farmers of Amer6 ica, and other youth-oriented organizations for training

7 and competition.

8 ‘‘(2) The Civilian Marksmanship Program may sell

9 at fair market value caliber .30 rifles, caliber .22 rifles,

10 and air rifles, and ammunition for such rifles, to gun clubs

11 that are under the direction of the National Board and

12 provide training in the use of rifled arms. In lieu of sales,

13 the Civilian Marksmanship Program may loan such rifles

14 to such gun clubs.

15 ‘‘(3) The Civilian Marksmanship Program may sell

16 at fair market value small arms, ammunition, targets, and

17 other supplies and appliances necessary for target practice

18 to citizens of the United States over 18 years of age who

19 are members of a gun club under the direction of the Na20 tional Board.

21 ‘‘(4) Before conveying any weapon or ammunition to

22 a person, whether by sale or lease, the National Board

23 shall provide for a criminal records check of the person

24 with appropriate Federal and State law enforcement agen25 cies.
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1 ‘‘(c) OTHER AUTHORITIES.—The National Board

2 shall provide for—

3 ‘‘(1) the procurement of necessary supplies, ap4 pliances, trophies, prizes, badges, and other insignia,

5 clerical and other services, and labor to carry out the

6 Civilian Marksmanship Program; and

7 ‘‘(2) the transportation of employees, instruc8 tors, and civilians to give or to receive instruction or

9 to assist or engage in practice in the use of rifled

10 arms, and the transportation and subsistence, or an

11 allowance instead of subsistence, of members of

12 teams authorized by the National Board to partici13 pate in matches or competitions in the use of rifled

14 arms.

15 ‘‘(d) FEES.—The National Board may impose rea16 sonable fees for persons and gun clubs participating in any

17 program or competition conducted under the Civilian

18 Marksmanship Program for the promotion of rifle practice

19 and firearms safety among civilians.

20 ‘‘(e) RECEIPT OF EXCESS ARMS AND AMMUNI21 TION.—(1) The Secretary of the Army shall reserve for

22 the Civilian Marksmanship Program all remaining M–1

23 Garand rifles, and ammunition for such rifles, still held

24 by the Army. After the date of the enactment of this sec25 tion, the Secretary of the Army shall cease demilitariza-
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1 tion of remaining M–1 Garand rifles in the Army inven2 tory unless such rifles are determined to be irreparable

3 by the Defense Logistics Agency.

4 ‘‘(2) Subject to section 1208 of the National Defense

5 Authorization Act for Fiscal Years 1990 and 1991 (Public

6 Law 101–189; 10 U.S.C. 372 note) relating to the trans7 fer of excess small arms and ammunition to support Gov8 ernment counter-drug activities, the Secretary of Defense

9 shall give the National Board the right of first refusal to

10 accept excess small arms and ammunition held by the

11 Army or the Marine Corps and legally allowable for civil12 ian use.

13 ‘‘(3) Transfers under this subsection shall be made

14 without cost to the Civilian Marksmanship Program, ex15 cept that the National Board shall assume the costs of

16 transportation for the transferred small arms and ammu17 nition.

18 ‘‘(f) PARTICIPATION CONDITIONS.—All participants

19 in the Civilian Marksmanship Program and activities

20 sponsored or supported by the National Board shall be

21 required, as a condition of participation, to sign affidavits

22 stating that—

23 ‘‘(A) they have never been convicted of a fire24 arms violation under State or Federal law; and
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1 ‘‘(B) they are not members of any organization

2 which advocates the violent overthrow of the United

3 States Government.

4 ‘‘(2) Any person found to have violated this sub5 section shall be ineligible to participate in the Civilian

6 Marksmanship Program and future activities sponsored or

7 supported by the National Board.’’.

8 (c) PARTICIPATION OF MEMBERS OF THE ARMED

9 FORCES IN INSTRUCTION AND COMPETITION.—Section

10 4310 of such title is amended to read as follows:

11 ‘‘§ 4310. Rifle instruction and competitions: participa12 tion of members

13 ‘‘(a) PARTICIPATION AUTHORIZED.—The com14 mander of a major command of the armed forces may de15 tail regular or reserve officers and noncommissioned offi16 cers under the authority of the commander to duty as in17 structors at rifle ranges for training civilians in the safe

18 use of military arms. The commander of a major com19 mand may detail enlisted members under the authority of

20 the commander as temporary instructors in the safe use

21 of the rifle to organized rifle clubs requesting that instruc22 tion. The commander of a major command may detail

23 members under the authority of the commander to provide

24 other logistical and administrative support for competi25 tions and other activities conducted by the Civilian Marks-
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1 manship Program. Members of a reserve component may

2 be detailed only if the service to be provided meets a legiti3 mate training need of the members involved.

4 ‘‘(b) COSTS OF PARTICIPATION.—The commander of

5 a major command of the armed forces may pay the person6 nel costs and travel and per diem expenses of members

7 of an active or reserve component of the armed forces who

8 participate in a competition sponsored by the Civilian

9 Marksmanship Program or who provide instruction or

10 other services in support of the Civilian Marksmanship

11 Program.’’.

12 (d) CONFORMING AMENDMENTS.—(1) Section

13 4312(a) of such title is amended by striking out ‘‘ as pre14 scribed by the Secretary of the Army’’ and inserting in

15 lieu thereof ‘‘as part of the Civilian Marksmanship Pro16 gram’’.

17 (2) Section 4313 of such title is amended—

18 (A) in subsection (a), by striking out ‘‘Sec19 retary of the Army’’ both places it appears and in20 serting in lieu thereof ‘‘National Board’’; and

21 (B) in subsection (b), by striking out ‘‘Appro22 priated funds available for the Civilian Marksman23 ship Program (as defined in section 4308(e) of this

24 title) may’’ and inserting in lieu thereof
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1 ‘‘Nonappropriated funds available to the Civilian

2 Marksmanship Program shall’’.

3 (e) CLERICAL AMENDMENTS.—The table of sections

4 at the beginning of chapter 401 of such title is amended

5 by striking out the items relating to sections 4307, 4308,

6 and 4310 and inserting in lieu thereof the following new

7 items:

‘‘4307. Promotion of rifle practice and firearms safety: administration.

‘‘4308. Promotion of rifle practice and firearms safety: activities.

‘‘4310. Rifle instruction and competitions: participation of members.’’.

8 (f) EFFECTIVE DATE.—The amendments made by

9 this section shall take effect on October 1, 1995.

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