Collapse to view only § 40707. Nonapplication of audit requirements
- § 40701. Organization
- § 40702. Governing body
- § 40703. Powers
- § 40704. Restrictions
- § 40705. Duty to maintain tax-exempt status
- § 40706. Distribution of assets on dissolution
- § 40707. Nonapplication of audit requirements
§ 40701. Organization
(a)Federal Charter.—Corporation for the Promotion of Rifle Practice and Firearms Safety (in this chapter, the “corporation”) is a federally chartered corporation.
(b)Non-Governmental Status.—The corporation is a private corporation, not a department, agency, or instrumentality of the United States Government. An officer or employee of the corporation is not an officer or employee of the Government.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1335.)
§ 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.)
§ 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.)
§ 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.)
§ 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.)
§ 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; Pub. L. 113–237, § 3(c)(3), Dec. 18, 2014, 128 Stat. 2840.)
§ 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.)