[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1645 Introduced in House (IH)]







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.
    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Civilian Marksmanship Program 
Privatization Act''.

SEC. 2. CONVERSION OF CIVILIAN MARKSMANSHIP PROGRAM TO NONAPPROPRIATED 
              FUND INSTRUMENTALITY AND ACTIVITIES UNDER PROGRAM.

    (a) Conversion.--Section 4307 of title 10, United States Code, is 
amended to read as follows:
``Sec. 4307. Promotion of rifle practice and firearms safety: 
              administration
    ``(a) Nonappropriated Fund Instrumentality.--On and after October 
1, 1995, the Civilian Marksmanship Program shall be operated as a 
nonappropriated fund instrumentality of the United States within the 
Department of Defense for the benefit of members of the armed forces 
and for the promotion of rifle practice and firearms safety among 
civilians.
    ``(b) National Board.--(1) The Civilian Marksmanship Program shall 
be under the general supervision of a National Board for the Promotion 
of Rifle Practice and Firearms Safety, which shall replace the National 
Board for the Promotion of Rifle Practice. The National Board shall 
consist of nine members who are appointed by the Secretary of the Army.
    ``(2) The term of office of a member of the National Board shall be 
two years. However, in the case of the initial National Board, the 
Secretary shall appoint four members who will have a one-year term.
    ``(3) Members of the National Board shall serve without 
compensation, except that members shall be allowed travel expenses, 
including per diem in lieu of subsistence, at rates authorized for 
employees of agencies under subchapter I of chapter 57 of title 5, 
while away from their homes or regular places of business in the 
performance of services for the National Board.
    ``(c) Director and Staff.--The National Board shall appoint a 
person to serve as director of the Civilian Marksmanship Program. The 
compensation and benefits of the director and all other civilian 
employees of the Department of Defense utilized by the Civilian 
Marksmanship Program shall be paid from nonappropriated funds available 
to the Civilian Marksmanship Program.
    ``(d) Funding.--(1) Except as provided in section 4310 of this 
title, funds appropriated or otherwise made available to the Department 
of Defense in appropriation Acts may not be obligated or expended to 
benefit the Civilian Marksmanship Program or activities conducted by 
the Civilian Marksmanship Program.
    ``(2) The National Board and the director may solicit, accept, 
hold, use, and dispose of, in furtherance of the activities of the 
Civilian Marksmanship Program, donations of money, property, and 
services received by gift, devise, bequest, or otherwise. Donations may 
be accepted from munitions and firearms manufacturers notwithstanding 
any legal restrictions otherwise arising from their procurement 
relationships with the Federal Government.
    ``(3) Amounts collected under the Civilian Marksmanship Program, 
including the proceeds from the sale of arms, ammunition, targets, and 
other supplies and appliances under section 4308 of this title, shall 
be credited to the Civilian Marksmanship Program and shall be available 
to carry out the Civilian Marksmanship Program. Amounts collected by, 
and available to, the National Board for the Promotion of Rifle 
Practice before the date of the enactment of this section from rifle 
sales programs and from fees in connection with competitions sponsored 
by that Board shall be transferred to the National Board to be 
available to carry out the Civilian Marksmanship Program.
    ``(4) Funds held on behalf of the Civilian Marksmanship Program 
shall not be construed to be Government or public funds or appropriated 
funds and shall not be available to support other nonappropriated fund 
instrumentalities of the Department of Defense. Funds held on behalf of 
other nonappropriated fund instrumentalities of the Department of 
Defense shall not be available to support the Civilian Marksmanship 
Program. Expenditures on behalf of the Civilian Marksmanship Program, 
including compensation and benefits for civilian employees, may not 
exceed $5,000,000 during any fiscal year. The approval of the National 
Board shall be required for any expenditure in excess of $50,000. 
Notwithstanding any other provision of law, funds held on behalf of the 
Civilian Marksmanship Program shall remain available until expended.
    ``(e) Definitions.--In this section and sections 4308 through 4313 
of this title:
            ``(1) The term `Civilian Marksmanship Program' means the 
        rifle practice and firearms safety program carried out by the 
        National Board under section 4308 and includes the National 
        Matches and small-arms firing schools referred to in section 
        4312 of this title.
            ``(2) The term `National Board' means the National Board 
        for the Promotion of Rifle Practice and Firearms Safety.''.
    (b) Activities.--Section 4308 of such title is amended to read as 
follows:
``Sec. 4308. Promotion of rifle practice and firearms safety: 
              activities
    ``(a) Instruction, Safety, and Competition Programs.--(1) The 
Civilian Marksmanship Program shall provide for--
            ``(A) the operation and maintenance of indoor and outdoor 
        rifle ranges and their accessories and appliances;
            ``(B) the instruction of citizens of the United States in 
        marksmanship, and the employment of necessary instructors for 
        that purpose;
            ``(C) the promotion of practice in the use of rifled arms 
        and the maintenance and management of matches or competitions 
        in the use of those arms; and
            ``(D) the award to competitors of trophies, prizes, badges, 
        and other insignia.
    ``(2) In carrying out this subsection, the Civilian Marksmanship 
Program shall give priority to activities that benefit firearms safety 
training and competition for youth and reach as many youth participants 
as possible.
    ``(3) Before a person may participate in any activity sponsored or 
supported by the Civilian Marksmanship Program under this subsection, 
the person shall be required to certify that the person has not 
violated any Federal or State firearms laws.
    ``(b) Sale and Issuance of Arms and Ammunition.--(1) The Civilian 
Marksmanship Program may issue, without cost, the arms, ammunition 
(including caliber .22 and caliber .30 ammunition), targets, and other
 supplies and appliances necessary for activities conducted under 
subsection (a). Issuance shall be made only to gun clubs under the 
direction of the National Board that provide training in the use of 
rifled arms to youth, the Boy Scouts of America, 4-H Clubs, Future 
Farmers of America, and other youth-oriented organizations for training 
and competition.
    ``(2) The Civilian Marksmanship Program may sell at fair market 
value caliber .30 rifles, caliber .22 rifles, and air rifles, and 
ammunition for such rifles, to gun clubs that are under the direction 
of the National Board and provide training in the use of rifled arms. 
In lieu of sales, the Civilian Marksmanship Program may loan such 
rifles to such gun clubs.
    ``(3) The Civilian Marksmanship Program may sell at fair market 
value small arms, ammunition, targets, 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 under the 
direction of the National Board.
    ``(4) Before conveying any weapon or ammunition to a person, 
whether by sale or lease, the National Board shall provide for a 
criminal records check of the person with appropriate Federal and State 
law enforcement agencies.
    ``(c) Other Authorities.--The National Board shall provide for--
            ``(1) the procurement of necessary supplies, appliances, 
        trophies, prizes, badges, and other insignia, clerical and 
        other services, and labor to carry out the Civilian 
        Marksmanship Program; and
            ``(2) the transportation of employees, instructors, and 
        civilians to give or to receive instruction or to assist or 
        engage in practice in the use of rifled arms, and the 
        transportation and subsistence, or an allowance instead of 
        subsistence, of members of teams authorized by the National 
        Board to participate in matches or competitions in the use of 
        rifled arms.
    ``(d) Fees.--The National Board may impose reasonable fees for 
persons and gun clubs participating in any program or competition 
conducted under the Civilian Marksmanship Program for the promotion of 
rifle practice and firearms safety among civilians.
    ``(e) Receipt of Excess Arms and Ammunition.--(1) The Secretary of 
the Army shall reserve for the Civilian Marksmanship Program all 
remaining M-1 Garand rifles, and ammunition for such rifles, still held 
by the Army. After the date of the enactment of this section, the 
Secretary of the Army shall cease demilitarization of remaining M-1 
Garand rifles in the Army inventory unless such rifles are determined 
to be irreparable by the Defense Logistics Agency.
    ``(2) Subject to section 1208 of the National Defense Authorization 
Act for Fiscal Years 1990 and 1991 (Public Law 101-189; 10 U.S.C. 372 
note) relating to the transfer of excess small arms and ammunition to 
support Government counter-drug activities, the Secretary of Defense 
shall give the National Board the right of first refusal to accept 
excess small arms and ammunition held by the Army or the Marine Corps 
and legally allowable for civilian use.
    ``(3) Transfers under this subsection shall be made without cost to 
the Civilian Marksmanship Program, except that the National Board shall 
assume the costs of transportation for the transferred small arms and 
ammunition.
    ``(f) Participation Conditions.--All participants in the Civilian 
Marksmanship Program and activities sponsored or supported by the 
National Board shall be required, as a condition of participation, to 
sign affidavits stating that--
            ``(A) they have never been convicted of a firearms 
        violation under State or Federal law; and
            ``(B) they are not members of any organization which 
        advocates the violent overthrow of the United States 
        Government.
    ``(2) Any person found to have violated this subsection shall be 
ineligible to participate in the Civilian Marksmanship Program and 
future activities sponsored or supported by the National Board.''.
    (c) Participation of Members of the Armed Forces in Instruction and 
Competition.--Section 4310 of such title is amended to read as follows:
``Sec. 4310. Rifle instruction and competitions: participation of 
              members
    ``(a) Participation Authorized.--The commander of a major command 
of the armed forces may detail regular or reserve officers and 
noncommissioned officers under the authority of the commander to duty 
as instructors at rifle ranges for training civilians in the safe use 
of military arms. The commander of a major command may detail enlisted 
members under the authority of the commander as temporary instructors 
in the safe use of the rifle to organized rifle clubs requesting that 
instruction. The commander of a major command may detail members under 
the authority of the commander to provide other logistical and 
administrative support for competitions and other activities conducted 
by the Civilian Marksmanship Program. Members of a reserve component 
may be detailed only if the service to be provided meets a legitimate 
training need of the members involved.
    ``(b) Costs of Participation.--The commander of a major command of 
the armed forces may pay the personnel costs and travel and per diem 
expenses of members of an active or reserve component of the armed 
forces who participate in a competition sponsored by the Civilian 
Marksmanship Program or who provide instruction or other services in 
support of the Civilian Marksmanship Program.''.
    (d) Conforming Amendments.--(1) Section 4312(a) of such title is 
amended by striking out `` as prescribed by the Secretary of the Army'' 
and inserting in lieu thereof ``as part of the Civilian Marksmanship 
Program''.
    (2) Section 4313 of such title is amended--
            (A) in subsection (a), by striking out ``Secretary of the 
        Army'' both places it appears and inserting in lieu thereof 
        ``National Board''; and
            (B) in subsection (b), by striking out ``Appropriated funds 
        available for the Civilian Marksmanship Program (as defined in 
        section 4308(e) of this title) may'' and inserting in lieu 
        thereof ``Nonappropriated funds available to the Civilian 
        Marksmanship Program shall''.
    (e) Clerical Amendments.--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, and 4310 and inserting in lieu thereof the 
following new 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.''.
    (f) Effective Date.--The amendments made by this section shall take 
effect on October 1, 1995.
                                 <all>