SUBCHAPTER I—CORPORATION
§40701. Organization
(a)
(b)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40701(a) | 36:5501(a) (less "private, nonprofit"). | Feb. 10, 1996, |
| 40701(b) | 36:5501(a) (related to private), (b)(1). |
Subsection (a) is substituted for the source provision for consistency in the revised title.
In subsection (b), the words "is not" are substituted for "shall not be considered to be" for clarity and to eliminate unnecessary words.
Statutory Notes and Related Subsidiaries
Continuation of Eligibility for Certain Civil Service Benefits for Former Federal Employees of Civilian Marksmanship Program
"(a)
"(b)
§40702. Governing body
(a)
(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)
(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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40702(a)(1) | 36:5501(c)(2). | Feb. 10, 1996, |
| 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.
Statutory Notes and Related Subsidiaries
Initial Board of Directors
§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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40703(1) | 36:5508(b). | Feb. 10, 1996, |
| 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.
§40704. Restrictions
(a)
(b)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40704(a) | 36:5501(a) (related to nonprofit). | Feb. 10, 1996, |
| 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.
§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 (
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40705 | 36:5501(b)(2). | Feb. 10, 1996, |
§40706. Distribution of assets on dissolution
(a)
(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)
(A) is exempt from taxation under section 501(a) of the Internal Revenue Code of 1986 (
(B) performs functions similar to the functions described in
(2) An asset distributed under this subsection may not be distributed to an individual.
(c)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40706(a) | 36:5509(a)(1). | Feb. 10, 1996, |
| 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).
Editorial Notes
Amendments
2014—Subsec. (a).
§40707. Nonapplication of audit requirements
The audit requirements of
(
| 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.