dreamproit/uscode huggingface dataset:
36 U.S.C. § 40702 (PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS)
§ 40702. Governing body
(a) Board of Directors.—
(1) The board of directors is the governing body of the corporation. The board of directors may adopt bylaws, policies, and procedures for the corporation and may take any other action that it considers necessary for the management and operation of the corporation.
(2) The board shall have at least 9 directors.
(3) The term of office of a director is 2 years. A director may be reappointed.
(4) A vacancy on the board of directors shall be filled by a majority vote of the remaining directors.
(b) Director of Civilian Marksmanship.—
(1) The board of directors shall appoint the Director of Civilian Marksmanship.
(2) The Director is responsible for—
(A) the daily operation of the corporation; and
(B) the duties of the corporation under subchapter II of this chapter.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1335.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
40702(a)(1)
36:5501(c)(2).
Feb. 10, 1996, Pub. L. 104–106, title XVI, § 1611(c)(1)–(4), (d), 110 Stat. 516.
40702(a)(2)
36:5501(c)(1).
40702(a)(3)
36:5501(c)(3).
40702(a)(4)
36:5501(c)(4).
40702(b)(1)
36:5501(d)(1).
40702(b)(2)
36:5501(d)(2).
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.
heading: Initial Board of Directors
text: 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.”
36 U.S.C. § 40703 (PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS)
§ 40703. Powers
The corporation may—
(1) adopt, use, and alter a corporate seal, which shall be judicially noticed;
(2) make contracts;
(3) acquire, own, lease, encumber, and transfer property as necessary or convenient to carry out the activities of the corporation;
(4) incur and pay obligations;
(5) charge fees to cover the corporation’s costs in carrying out the Civilian Marksmanship Program; and
(6) do any other act necessary and proper to carry out the activities of the corporation.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1336.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
40703(1)
36:5508(b).
Feb. 10, 1996, Pub. L. 104–106, title XVI, § 1618(a)(1), (2), (b)–(e), 110 Stat. 520.
40703(2)
36:5508(c) (less “leases”).
40703(3)
36:5508(a)(1), (c) (related to leases).
40703(4)
36:5508(d).
40703(5)
36:5508(a)(2).
40703(6)
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”.
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.
36 U.S.C. § 40704 (PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS)
§ 40704. Restrictions
(a) Profit.—
The corporation may not operate for profit.
(b) Use of Amounts Collected.—
Amounts collected under section 40703(3) and (5) of this title, including proceeds from the sale of firearms, ammunition, repair parts, and other supplies, may be used only to support the Civilian Marksmanship Program.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1336.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
40704(a)
36:5501(a) (re­lated to nonprofit).
Feb. 10, 1996, Pub. L. 104–106, title XVI, §§ 1611(a) (related to nonprofit), 1618(a)(3), 110 Stat. 515, 520.
40704(b)
36:5508(a)(3).
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.
36 U.S.C. § 40705 (PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS)
§ 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.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
40705
36:5501(b)(2).
Feb. 10, 1996, Pub. L. 104–106, title XVI, § 1611(b)(2), 110 Stat. 516.
36 U.S.C. § 40706 (PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS)
§ 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.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
40706(a)
36:5509(a)(1).
Feb. 10, 1996, Pub. L. 104–106, title XVI, § 1619, 110 Stat. 520; Sept. 23, 1996, Pub. L. 104–201, title X, § 1073(c)(3), 110 Stat. 2657.
40706(b)(1)
36:5509(a)(2).
40706(b)(2)
36:5509(b).
40706(c)
36:5509(a)(3).
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).
36 U.S.C. § 40707 (PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS)
§ 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.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
40707
(no source).
The section is added to except the Corporation for the Promotion of Rifle Practice and Firearms Safety from the application of section 10101 of the revised title, restating 36:1101–1103, which imposes audit requirements on certain federally chartered corporations. The corporation is not included in the list of corporations set out in 36:1101 to which the audit requirements apply.
36 U.S.C. § 40721 (PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS)
§ 40721. Responsibility of corporation
The corporation shall supervise and control the Civilian Marksmanship Program.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1337.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
40721
36:5502(a) (words before cl. (1)).
Feb. 10, 1996, Pub. L. 104–106, title XVI, § 1612(a) (words before cl. (1)), 110 Stat. 516.
The words “shall supervise and control the Civilian Marksmanship Program” are substituted for “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” to eliminate unnecessary words.
36 U.S.C. § 40722 (PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS)
§ 40722. Functions
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.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
40722
36:5502(a) (less words before cl. (1)).
Feb. 10, 1996, Pub. L. 104–106, title XVI, § 1612(a) (less words before cl. (1)), 110 Stat. 516.
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.
36 U.S.C. § 40723 (PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS)
§ 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.
(c) Limiting Participation.—
The Director may limit participation in the program as necessary to ensure—
(1) the safety of participants;
(2) the security of firearms, ammunition, and equipment; and
(3) the quality of instruction in the use of firearms.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1337.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
40723(a)
36:5503(a).
Feb. 10, 1996, Pub. L. 104–106, title XVI, § 1613, 110 Stat. 517.
40723(b)
36:5503(b).
40723(c)
36:5503(c).
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 Program” 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.
36 U.S.C. § 40724 (PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS)
§ 40724. Priority of youth participation
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.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1338.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
40724
36:5502(b).
Feb. 10, 1996, Pub. L. 104–106, title XVI, § 1612(b), 110 Stat. 516.
36 U.S.C. § 40725 (PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS)
§ 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.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
40725
10:4312.
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.
36 U.S.C. § 40726 (PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS)
§ 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.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
40726(a) (words before cl. (1))
10:4313(a)(1) (words before “may be paid”).
40726(a) (less words before cl. (1))
10:4313(b).
40726(b)
10:4313(a)(1) (words beginning “may be paid”).
40726(c)
10:4313(a)(2).
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.
36 U.S.C. § 40727 (PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS)
§ 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.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
40727(a)
36:5507(a).
Feb. 10, 1996, Pub. L. 104–106, title XVI, § 1617, 110 Stat. 519.
40727(b)(1)
36:5507(c).
40727(b)(2)
36:5507(b).
40727(c)
36:5507(d).
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.
36 U.S.C. § 40728A (PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS)
§ 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 rifles, ammunition, repair parts, or other supplies described in section 40731(a) of this title 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) any such rifles, 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), the cost of recovery of any rifles, ammunition, repair parts, or supplies under subsection (a) shall be treated as incremental direct costs incurred in providing logistical support to the corporation for which reimbursement shall be required as provided in section 40727(a) of this title.
(2) The Secretary may require the corporation to pay costs of recovery described in paragraph (1) in advance of incurring such costs. Amounts so paid shall not be subject to the provisions of section 3302 of title 31, but shall be administered in accordance with the last sentence of section 40727(a) of this title.
(c) Availability for Transfer to Corporation.—
Any rifles, ammunition, repair parts, or supplies recovered under subsection (a) shall be available for transfer to the corporation in accordance with section 40728 of this title under such additional terms and conditions as the Secretary shall prescribe for purposes of this section.
(Added Pub. L. 109–364, div. A, title III, § 354(a), Oct. 17, 2006, 120 Stat. 2162.)
36 U.S.C. § 40729 (PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS)
§ 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.
(b) Exception.—
This section 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).
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1339.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
40729(a)
36:5506(a).
Feb. 10, 1996, Pub. L. 104–106, title XVI, § 1616(a), (d), 110 Stat. 519.
40729(b)
36:5506(d).
In subsection (a)(4), the words “other supplies” are substituted for “accessories and accouterments” for consistency in the revised title.
heading: References in Text
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.