Title 36 — Patriotic and National Observances, Ceremonies, And organizations

This title was enacted by Pub. L. 105–225, §1, Aug. 12, 1998, 112 Stat. 1253

Subtitle I—Patriotic and National Observances and Ceremonies

Part A—Observances and Ceremonies

Chapter 1. Patriotic and National Observances

Ronald Reagan.

William J. Clinton.

§101 · American Heart Month

Societies and Observances

Chapter 1. American National Red Cross

§1 · Corporation created

Clara Barton, Hilary A. Herbert, Thomas F. Walsh, Charles C. Glover, Charles J. Bell, Mabel T. Boardman, George Dewey, William R. Day, Nelson A. Miles, James Tanner, William K. Van Reypen, John M. Wilson, Simon Wolf, James R. Garfield, Gifford Pinchot, S. W. Woodward, Mary A. Logan, Walter Wyman, of Washington, District of Columbia; George H. Shields, of Missouri; William H. Taft, F. B. Loomis, Samuel Mather, of Ohio; Spencer Trask, Robert C. Ogden, Cleveland H. Dodge, George C. Boldt, William T. Wardwell, John G. Carlisle, George B. McClellan, Elizabeth Mills Reid, Margaret Carnegie, of New York; John H. Converse, Alexander Mackay-Smith, J. Wilkes O'Neill, H. Kirke Porter, of Pennsylvania; Richard Olney, W. Murray Crane, Henry L. Higginson, William Draper, Frederick H. Gillett, of Massachusetts; Marshall Field, Robert T. Lincoln, Lambert Tree, of Illinois; A. G. Kaufman, of South Carolina; Alexander W. Terrell, of Texas; George Gray, of Delaware; Redfield Proctor, of Vermont; John W. Foster, Noble C. Butler, Robert W. Miers, of Indiana; John Sharp Williams, of Mississippi; William Alden Smith, of Michigan; Horace Davis, W. W. Morrow, of California; Daniel C. Gilman, Eugene Lovering, of Maryland; J. Taylor Ellyson, of Virginia; Daniel R. Noyes, of Minnesota; Emanuel Fiske, Marshall Fiske, of Connecticut, together with five other persons to be named by the President of the United States, one to be chosen from each of the Departments of State, War, Navy, Treasury, and Justice, their associates and successors, are created a body corporate and politic in the District of Columbia.

Jan. 5, 1905, ch. 23, §1, 33 Stat. 599; July 26, 1947, ch. 343, title II, §205(a), 61 Stat. 501.

§1a · Continuation of corporation

The corporation now existing as The American National Red Cross under sections 1, 2 to 6, 8, and 9 of this title shall continue as a body corporate and politic in the District of Columbia. The first national convention after May 8, 1947, shall be convened and held under rules and regulations prescribed by the governing body of the corporation as presently constituted. After such first national convention, the Board of Governors of the corporation from time to time shall constitute the associates and successors of the incorporators named in said sections, and neither the said incorporators nor any associates or successors theretofore designated by them or by their successors shall have any powers or duties.

May 8, 1947, ch. 50, §8, 61 Stat. 83.

§2 · Name and powers of corporation

The name of this corporation shall be “The American National Red Cross”, and by that name it shall have perpetual succession, with the power to sue and be sued in courts of law and equity, State or Federal, within the jurisdiction of the United States; to have and to hold such real and personal estate as shall be deemed advisable and to dispose of the same, to accept gifts, devises, and bequests of real and personal estate for the purposes of this corporation hereinafter set forth; to adopt a seal and the same to alter and destroy at pleasure; and to have the right to have and to use, in carrying out its purposes hereinafter designated, as an emblem and badge, a Greek red cross on a white ground, as the same has been described in the treaties of Geneva, August twenty-second, eighteen hundred and sixty-four and July twenty-seventh, nineteen hundred and twenty-nine, and adopted by the several nations acceding thereto; to ordain and establish bylaws and regulations not inconsistent with the laws of the United States of America or any State thereof, and generally to do all such acts and things as may be necessary to carry into effect the provisions of sections 1, 2 to 6, 8, and 9 of this title and promote the purposes of said organization; and the corporation created is designated as the organization which is authorized to act in matters of relief under said treaties. In accordance with the said treaties, the delivery of the brassard allowed for individuals neutralized in time of war shall be left to military authority.

Jan. 5, 1905, ch. 23, §2, 33 Stat. 600; May 8, 1947, ch. 50, §3, 61 Stat. 81.

§3 · Purposes of corporation

The purposes of the corporation are and shall be—

First. To furnish volunteer aid to the sick and wounded of Armed Forces in time of war, in accordance with the spirit and conditions of the conference of Geneva of October, eighteen hundred and sixty-three, and also of the treaties of the Red Cross, or the treaties of Geneva, of August twenty-second, eighteen hundred and sixty-four, and July twenty-seventh, nineteen hundred and twenty-nine, to which the United States of America has given its adhesion, and also of any other treaty or convention similar in purpose to which the United States of America may hereafter give its adhesion.

Second. And for said purposes to perform all the duties devolved upon a national society by each nation which has acceded to any of said treaties or conventions.

Third. To succeed to all the rights and property which were prior to January 5, 1905, held and to all the duties which were prior to January 5, 1905, performed by the American National Red Cross as a corporation duly incorporated by Act of Congress June 6, 1900, which Act is repealed and the organization created thereby is dissolved.

Fourth. To act in matters of voluntary relief and in accord with the military authorities as a medium of communication between the people of the United States of America and their Armed Forces, and to act in such matters between similar national societies of other governments through the “ComiteÿAE1 International de Secours”, and the Government and the people and the Armed Forces of the United States of America.

Fifth. And to continue and carry on a system of national and international relief in time of peace and apply the same in mitigating the sufferings caused by pestilence, famine, fire, floods, and other great national calamities, and to devise and carry on measures for preventing the same.

Jan. 5, 1905, ch. 23, §3, 33 Stat. 600; May 8, 1947, ch. 50, §4, 61 Stat. 81; July 17, 1953, ch. 222, §4(a), (b), 67 Stat. 179.

§4 · Repealed. June 25, 1948, ch. 645, §21, 62 Stat. 862

§4a · Membership; status of chapters; rules and regulations governing chapters; election of officers

Membership in the American National Red Cross shall be open to all the people of the United States, its Territories, and dependencies, upon payment of the sums specified from time to time in the bylaws.

The chapters of the American National Red Cross shall be the local units of the corporation within the States and Territories of the United States. The regulations with respect to the granting of charters to the chapters and the revocation of the same, the territorial jurisdiction of the chapters, the relationship of the chapters to the corporation and compliance by the chapters with the policies and rules of the corporation, shall be as determined from time to time by the Board of Governors. Such regulations shall require that each chapter shall, in the election of the governing body of the chapter and in the selection of delegates to the national convention of the corporation, adhere to democratic principles of election as specified in the bylaws.

Jan. 5, 1905, ch. 23, §4a, as added May 8, 1947, ch. 50, §5, 61 Stat. 81.

§5 · Board of Governors; number; election; tenure; filling vacancies; annual meetings; voting by proxy

The governing body of the corporation in which all powers of government, direction, and management of the corporation shall be lodged, shall consist of a Board of Governors numbering fifty persons, to be appointed or elected in the manner following, namely:

(a) Eight Governors shall be appointed by the President of the United States. Of the Governors so appointed, one shall be designated by the President of the United States to act as the principal officer of the corporation with such title and such functions as may from time to time be prescribed in the bylaws; and the remainder shall be officials of departments and agencies of the Federal Government, whose positions and interests are such as to qualify them to contribute toward the accomplishment of Red Cross programs and objectives. Of these at least one and not more than three shall be selected from the armed forces.

(b) Thirty Governors shall be elected by the chapters. The Governors so elected shall be elected at the national convention under procedures for nomination and election which shall be such as to insure equitable representation of all the chapters, having regard to geographical considerations, to the size of the chapters and to the size of the populations served by the chapters.

(c) Twelve Governors shall be elected by the Board of Governors as members-at-large. The Governors so elected shall be individuals who are representative of the national interests which it is the function of the Red Cross to serve, and with which it is desirable that the corporation shall have close association.

The term of office of all Governors shall be three years, except that the term of office of any Governor appointed by the President of the United States (other than the principal officer of the corporation) shall expire if and when such Governor shall retire, prior to the date on which his term as Governor would otherwise expire, from the official position held at the time of his appointment as Governor.

Of the first Board of Governors to be selected hereunder, those Governors to be elected pursuant to subsection (b) of this section shall be elected at the first national convention following May 8, 1947, those Governors to be elected pursuant to subsection (c) of this section shall be elected as soon as practicable following such first national convention, and those Governors to be appointed pursuant to subsection (a) of this section shall be appointed so as to take office at the same time. The Governors so elected pursuant to subsections (b) and (c) of this section shall be divided by lot into three classes, the terms of which shall expire at the end of one, two, and three years, respectively, so that thereafter one-third of the members of the Board of Governors elected pursuant to subsections (b) and (c) of this section will be chosen at the time of each national convention, and shall take office at such time or as soon as practicable thereafter.

The President of the United States shall fill as soon as may be any vacancy that may occur by death, resignation, or otherwise in the office of the principal officer of the corporation or in the membership of the Board of Governors appointed by him. Any vacancy that may occur in the Governors elected by the chapters pursuant to subsection (b) of this section or in the Governors-at-large elected by the Board of Governors pursuant to subsection (c) of this section, shall be temporarily filled by appointment made by the Board of Governors, such appointees to serve until the next national convention.

The Board of Governors shall have power (i) to appoint from its own members an executive committee of not less than eleven persons, who, when the Board of Governors is not in session, shall have and exercise all the powers of the Board of Governors, and (ii) to appoint and remove, or provide for the appointment and removal of, all officers and employees of the corporation, except the principal officer designated by the President of the United States.

The annual meeting of the corporation shall be the national convention of delegates of the chapters, which shall be held annually on such date and at such place as may be specified by the Board of Governors. In all matters requiring a vote at the national convention, each chapter shall be entitled to not less than one vote. The number of votes which each chapter shall be entitled to cast shall be determined according to allocation by the Board of Governors, which shall be established on an equitable basis giving consideration both to the size of the membership of the chapters and to the size of the populations in the territories served by the chapters. Such allocations shall be reviewed at least every five years.

Voting by proxy shall not be allowed at any meeting of the Board of Governors, or at the national convention, or at any meeting of the chapters: Provided, however, That in the event of any national emergency which in the opinion of the Board of Governors makes attendance at the national convention impossible, the Board of Governors may permit the election of Governors by proxy at the national convention.

Jan. 5, 1905, ch. 23, §5, 33 Stat. 601; Dec. 10, 1912, ch. 1, §1, 37 Stat. 647; Mar. 3, 1921, ch. 131, §1, 41 Stat. 1354; May 8, 1947, ch. 50, §6, 61 Stat. 82.

§6 · Annual report; audit of financial transactions

The American National Red Cross shall as soon as practicable after the first day of July of each year make and transmit to the Secretary of Defense a report of its proceedings for the fiscal year ending June 30, next preceding, including a full, complete, and itemized report of receipts and expenditures of whatever kind, which report shall be duly audited by the Department of Defense, and a copy of said report shall be transmitted to Congress by the Department of Defense.

Jan. 5, 1905, ch. 23, §6, 33 Stat. 602; Feb. 27, 1917, ch. 137, 39 Stat. 946; July 17, 1953, ch. 222, §4(c), 67 Stat. 179.

§7 · Reimbursement of Department of Defense for auditing expenses

The American National Red Cross annually shall reimburse the Department of Defense for auditing its accounts, and the sum so paid shall be covered into the Treasury of the United States as a miscellaneous receipt.

May 29, 1920, ch. 214, §1, 41 Stat. 659; July 17, 1953, ch. 222, §5, 67 Stat. 179.

§8 · Reservation of right to amend or repeal certain sections

Congress shall have the right to repeal, alter, or amend sections 1, 2 to 6, 8, and 9 of this title at any time.

Jan. 5, 1905, ch. 23, §7, 33 Stat. 602.

§9 · Endowment fund

The endowment fund of the American National Red Cross shall be kept and invested under the management and control of a board of nine trustees, who shall be elected from time to time by the Board of Governors under such regulations regarding terms and tenure of office, accountability, and expense as the Board of Governors shall prescribe.

Jan. 5, 1905, ch. 23, §8, as added June 23, 1910, ch. 372, §2, 36 Stat. 604; amended May 8, 1947, ch. 50, §7, 61 Stat. 83.

§§10, 11 · Repealed. July 17, 1953, ch. 222, §6, 67 Stat. 179

§12 · Repealed. Aug. 10, 1956, ch. 1041, §53, 70A Stat. 641

§13 · Permanent building at headquarters in Washington, D.C.

The permanent building erected upon square 172 in the city of Washington, District of Columbia, for the use of the American National Red Cross in connection with its work in cooperation with the Government of the United States shall remain the property of the United States but under the supervision of the Administrator of General Services and the American National Red Cross shall at all times be charged with the responsibility, the care, keeping, and maintenance of said building without expense to the United States.

Feb. 7, 1930, ch. 42, §§1, 5, 46 Stat. 66; Ex. Ord. No. 6166, §2, June 10, 1933; Mar. 2, 1934, ch. 38, §1, 48 Stat. 389; 1939 Reorg. Plan No. I, §§301, 303, eff. July 1, 1939, 4 F.R. 2729, 53 Stat. 1426, 1427; June 30, 1949, ch. 288, title I, §103(a), 63 Stat. 380.

§14 · Omitted

§15 · Memorial building to Women of World War I; expenditures; supervision

The memorial building to commemorate the services and sacrifices of the patriotic women of the United States of America, of its insular possessions, and of the District of Columbia during the World War, erected on the land occupied in part on June 7, 1924, by the Memorial to the Women of the Civil War, the permanent headquarters of the American Red Cross, shall be used by the American National Red Cross.

The expenditures for said memorial building shall be made under the direction of a commission consisting of the chairman of the Senate Committee on the Library and the chairman of the House Committee on the Library. Said memorial building shall remain the property of the United States Government but under the supervision of the Administrator of General Services, and the American Red Cross shall at all times be charged with the responsibility, the care, keeping, and maintenance of the said memorial building without expense to the United States.

June 7, 1924, ch. 369, §§1, 2, 4, 43 Stat. 665, 666; Feb. 26, 1925, ch. 339, §3, 43 Stat. 983; Ex. Ord. No. 6166, §2, June 10, 1933; Mar. 2, 1934, ch. 38, §1, 48 Stat. 389; 1939 Reorg. Plan No. I, §§301, 303, eff. July 1, 1939, 4 F.R. 2729, 53 Stat. 1426, 1427; June 30, 1949, ch. 288, title I, §103(a), 63 Stat. 380.

§16 · Exchange of Government-owned cotton for articles containing wool

The American National Red Cross or any other organization to which the Government-owned cotton has been or shall hereafter be delivered pursuant to law is authorized, if it shall be deemed advisable, to exchange any such cotton for cloth or wearing apparel or other articles of clothing containing wool.

Mar. 3, 1933, ch. 214, 47 Stat. 1544.

§§17 to 17b · Repealed. Aug. 10, 1956, ch. 1041, §53, 70A Stat. 641

Chapter 1a. Daughters of the American Revolution

§18 · Corporation created; purposes

Mary Park Foster (Mrs. John W. Foster), of Indiana; Mary Virginia Ellet Cabell (Mrs. William D. Cabell), of Virginia; Helen Mason Boynton (Mrs. Henry V. Boynton), of Ohio; Henrietta Greely (Mrs. A. W. Greely), of Washington, District of Columbia; Lelie Dent Saint Clair (Mrs. F. O. Saint Clair), of Maryland; Regina M. Knott (Mrs. A. Leo Knott), of Maryland; Sara Agnes Rice Pryor (Mrs. Roger A. Pryor), of New York; Sarah Ford Judd Goode (Mrs. G. Brown Goode), of Washington, District of Columbia; Mary Desha, of Kentucky; Sue Virginia Field (Mrs. Stephen J. Field), of California; Sallie Kennedy Alexander (Mrs. Thomas Alexander), of Washington, District of Columbia; Rosa Wright Smith, of Washington, District of Columbia; Sarah C. J. Hagan (Mrs. Hugh Hagan), of Georgia; Mary Stiner Putnam (Mrs. John Risley Putnam), of New York; Mary Leighton Shields (Mrs. George H. Shields), of Missouri; Ellen Hardin Walworth, of New York; Mary E. MacDonald (Mrs. Marshall MacDonald), of Virginia; Eugenia Washington, of Virginia; Alice M. Clarke (Mrs. A. Howard Clarke), of Massachusetts; Clara Barton, of Washington, District of Columbia; Mary S. Lockwood, of Washington, District of Columbia; Frances B. Hamlin (Mrs. Teunis S. Hamlin), of Washington, District of Columbia; Martha C. B. Clarke (Mrs. Arthur E. Clarke), of New Hampshire; Lucia E. Blount (Mrs. Henry Blount), of Indiana; Jennie A. O. Keim (Mrs. Randolph De B. Keim), of Connecticut; Louise Ward McAllister, of New York; Effie Ream Osborne (Mrs. Frank Stuart Osborne), of Illinois; Marie Devereux, of Washington, District of Columbia; Belinda O. Wilbour (Mrs. Joshua Wilbour), of Rhode Island; Georgina E. Shippen (Mrs. W. W. Shippen), of New Jersey; Julia K. Hogg (Mrs. N. B. Hogg), of Pennsylvania; Katherine C. Breckinridge (Mrs. Clifton R. Breckinridge), of Arkansas; Sara Isabella Hubbard (Mrs. Adolphus S. Hubbard), of California; Mary L. D. Putnam (Mrs. Charles E. Putnam), of Iowa; Delia Clayborne Buckner (Mrs. Simon B. Buckner), of Kentucky; Emily Marshall Eliot (Mrs. Samuel Eliot), of Massachusetts; Lucy Grey Henry (Mrs. William Wirt Henry), of Virginia; Elizabeth Blair Lee, of Maryland, Mrs. Francis P. Burrows (Mrs. Julius C. Burrows), Mrs. Mary H. McMillan (Mrs. James McMillan), Mrs. Emma Gregory Hull (Mrs. J. A. T. Hull), Mrs. Mary B. K. Washington (Mrs. Joseph Washington), and their associates and successors, are created a body corporate and politic, in the District of Columbia, by the name of The National Society of the Daughters of the American Revolution, for patriotic, historical, and educational purposes, to perpetuate the memory and spirit of the men and women who achieved American independence, by the acquisition and protection of historical spots and the erection of monuments; by the encouragement of historical research in relation to the Revolution and the publication of its results; by the preservation of documents and relics, and of the records of the individual services of Revolutionary soldiers and patriots, and by the promotion of celebrations of all patriotic anniversaries; to carry out the injunction of Washington, in his farewell address to the American people, “to promote, as an object of primary importance, institutions for the general diffusion of knowledge,” thus developing an enlightened public opinion and affording to young and old such advantages as shall develop in them the largest capacity for performing the duties of American citizens; to cherish, maintain, and extend the institutions of American freedom; to foster true patriotism and love of country, and to aid in securing for mankind all the blessings of liberty.

Feb. 20, 1896, ch. 23, §1, 29 Stat. 8.

§18a · Right to acquire, hold, and dispose of property; constitution, bylaws, and seal; headquarters or principal office

The society is authorized to acquire by purchase, gift, devise, or bequest and to hold, convey, or otherwise dispose of such property, real or personal, as may be convenient or necessary for its lawful purposes, and may adopt a constitution and make bylaws not inconsistent with law, and may adopt a seal. Said society shall have its headquarters or principal office at Washington, in the District of Columbia.

Feb. 20, 1896, ch. 23, §2, 29 Stat. 9; Mar. 3, 1915, ch. 89, 38 Stat. 955; Feb. 5, 1926, ch. 11, 44 Stat. 4; July 30, 1951, ch. 255, 65 Stat. 130; Oct. 1, 1976, Pub. L. 94–443, §1, 90 Stat. 1475.

§18b · Annual report; historical material

The Society shall report annually to the Secretary of the Smithsonian Institution concerning its proceedings, and said Secretary shall communicate to Congress such portion thereof as he may deem of national interest and importance. The Regents of the Smithsonian Institution are authorized to permit said national society to deposit its collections, manuscripts, books, pamphlets, and other material for history in the Smithsonian Institution or in the National Museum, at their discretion, upon such conditions and under such rules as they shall prescribe.

Feb. 20, 1896, ch. 23, §3, 29 Stat. 9.

§18c · Exclusive use of name, emblems, seals, and badges

The society and its subordinate divisions shall have the sole and exclusive right to use the name “National Society of the Daughters of the American Revolution”. The society shall have the exclusive and sole right to use, or to allow or refuse the use of, such emblems, seals, and badges as have heretofore been adopted or used by the National Society of the Daughters of the American Revolution.

Feb. 20, 1896, ch. 23, §4, as added Oct. 1, 1976, Pub. L. 94–443, §2, 90 Stat. 1475.

Chapter 1b. American Historical Association

§20 · Corporation created; purposes; right to hold property; constitution, by-laws, and seal; principal office; reports; historical material

Andrew D. White, of Ithaca, in the State of New York; George Bancroft, of Washington, in the District of Columbia; Justin Winsor, of Cambridge, in the State of Massachusetts; William F. Poole, of Chicago, in the State of Illinois; Herbert B. Adams, of Baltimore, in the State of Maryland; Clarence W. Bowen, of Brooklyn, in the State of New York, their associates and successors, are created in the District of Columbia a body corporate and politic, by the name of the American Historical Association, for the promotion of historical studies, the collection and preservation of historical manuscripts, and for kindred purposes in the interest of American history and of history in America. Said association is authorized to hold real and personal estate in the District of Columbia so far only as may be necessary to its lawful ends, to adopt a constitution, and to make by-laws not inconsistent with law. Said association shall have its principal office at Washington, in the District of Columbia, and may hold its annual meetings in such places as the said incorporators shall determine. Said association shall report annually to the Secretary of the Smithsonian Institution concerning its proceedings and the condition of historical study in America. Said Secretary shall communicate to Congress the whole of such reports, or such portion thereof as he shall see fit. The Regents of the Smithsonian Institution are authorized to permit said association to deposit its collections, manuscripts, books, pamphlets, and other material for history in the Smithsonian Institution or in the National Museum; at their discretion, upon such conditions and under such rules as they shall prescribe.

Jan. 4, 1889, ch. 20, 25 Stat. 640; July 3, 1957, Pub. L. 85–83, §1, 71 Stat. 276.

Chapter 1c. Sons of the American Revolution

§20a · Corporation created

Francis Henry Appleton, of Massachusetts; Lucius P. Deming, of Connecticut; William Seward Webb, of Vermont; Horace Porter, of New York; Joseph C. Breckinridge, of Washington, District of Columbia; Franklin Murphy, of New Jersey; Walter S. Logan, of New York; Edwin Warfield, of Maryland; Edwin S. Greeley, of Connecticut; James D. Hancock, of Pennsylvania; Morris B. Beardsley, of Connecticut; John C. Lewis, of Kentucky; Henry Stockbridge, of Maryland; Nelson A. McClary, of Illinois; A. Howard Clark, of Washington, District of Columbia; Isaac W. Birdseye, of Connecticut; William K. Wickes, of New York; J. W. Atwood, of Ohio; J. W. Whiting, of Alabama; Ricardo E. Miner, of Arizona; Joseph M. Hill, of Arkansas; Alexander G. Eells, of California; Clarkson N. Guyer, of Colorado; Jonathan Trumbull, of Connecticut; Thomas F. Bayard, of Delaware; William H. Bayly, of Washington, District of Columbia; William S. Keyser, of Florida; Charles M. Cook, of Hawaii; Inman H. Fowler, of Indiana; Eugene Secor, of Iowa; John M. Meade, of Kansas; Peter F. Pescud, of Louisiana; Waldo Pettengill, of Maine; James D. Iglehart, of Maryland; Moses G. Parker, of Massachusetts; Rufus W. Clark, of Michigan; James C. Haynes, of Minnesota; Ashley Cabell, of Missouri; Ogden A. Southmayd, of Montana; Amos Field, of Nebraska; Daniel C. Roberts, of New Hampshire; J. Franklin Fort, of New Jersey; William A. Marble, of New York; Isaac F. Mack, of Ohio; Henry H. Edwards, of Oklahoma; Thomas M. Anderson, of Oregon; William L. Jones, of Pennsylvania; John E. Studely, of Rhode Island; Theodore G. Carter, of South Dakota; J. A. Cartwright, of Tennessee; I. M. Standifer, of Texas; Fred A. Hale, of Utah; Henry D. Holton, of Vermont; Lunsford L. Lewis, of Virginia; Cornelius H. Hanford, of Washington; J. Franklin Pierce, of Wisconsin; Truman G. Avery, of New York; William W. J. Warren, of New York; Henry V. A. Joslin, of Rhode Island; John Paul Earnest, of Washington, District of Columbia; A. S. Hubbard, of California, and all such other persons as may from time to time be associated with them, and their successors, are hereby constituted a body corporate and politic, in the city of Washington, in the District of Columbia, by the name of the National Society of the Sons of the American Revolution.

June 9, 1906, ch. 3065, §1, 34 Stat. 227.

§20b · Purposes and objects of corporation

The purposes and objects of corporation are declared to be patriotic, historical, and educational, and shall include those intended or designed to perpetuate the memory of the men who, by their services or sacrifices during the war of the American Revolution, achieved the independence of the American people; to unite and promote fellowship among their descendants; to inspire them and the community at large with a more profound reverence for the principles of the Government founded by our forefathers; to encourage historical research in relation to the American Revolution; to acquire and preserve the records of the individual services of the patriots of the war, as well as documents, relics, and landmarks; to mark the scenes of the Revolution by appropriate memorials; to celebrate the anniversaries of the prominent events of the war and of the Revolutionary period; to foster true patriotism; to maintain and extend the institutions of American freedom, and to carry out the purposes expressed in the preamble to the Constitution of our country and the injunctions of Washington in his farewell address to the American people.

June 9, 1906, ch. 3065, §2, 34 Stat. 227.

§20c · Powers of corporation; restriction

The corporation shall have power to receive, purchase, hold, sell, and convey real and personal estate, so far only as may be necessary or convenient for its lawful purposes; to sue and be sued, complain and defend in any court; to adopt a common seal, and to alter the same at pleasure; to make and adopt a constitution, by-laws, rules, and regulations for admission, government, suspension, and expulsion of its members, and from time to time to alter and repeal such constitution, by-laws, rules, and regulations, and to adopt others in their places; to provide for the election of its officers and to define their duties; to provide for State societies or chapters with rules for their conduct, and to regulate and provide for the management, safe-keeping, and protection of its property and funds: Provided always, That such constitution, by-laws, rules, and regulations be not inconsistent with the laws of the United States or any of the States thereof.

June 9, 1906, ch. 3065, §3, 34 Stat. 228; Sept. 8, 1961, Pub. L. 87–214, 75 Stat. 489.

§20d · Trustees

The property and affairs of said corporation shall be managed by not less than forty trustees, who shall be elected annually at such time as shall be fixed by the by-laws, and at least one trustee shall be elected annually from a list of nominees to be made by each of the State societies and submitted in this society at least thirty days before the annual meeting, in accordance with the general provisions regulating such nominations as may be adopted by this society.

June 9, 1906, ch. 3065, §4, 34 Stat. 228; Feb. 6, 1925, ch. 142, 43 Stat. 808.

§20e · First meeting

The first meeting of this corporation shall be held on a call issued by any fifteen of the above-named corporators by a written notice signed by them, stating the time and place of meeting, addressed to each of the corporators personally named herein and deposited in the post-office at least five days before the day of meeting.

June 9, 1906, ch. 3065, §5, 34 Stat. 228.

§20f · Charter

This charter shall take effect upon its being accepted by a majority vote of the corporators named herein who shall be present at said meeting, or at any other meeting specially called for that purpose; and notice of such acceptance shall be given by said corporation by causing a certificate to that effect signed by its president and secretary to be filed in the office of the Secretary of State.

June 9, 1906, ch. 3065, §6, 34 Stat. 228.

§20g · Reservation of right to amend or repeal chapter

Congress reserves the right to alter, amend, or repeal this chapter.

June 9, 1906, ch. 3065, §7, 34 Stat. 228.

Chapter 2. Boy Scouts of America

§21 · Corporation created

Colin H. Livingstone and Ernest P. Bicknell, of Washington, District of Columbia; Benjamin L. Dulaney, of Bristol, Tennessee; Milton A. McRae, of Detroit, Michigan; David Starr Jordan, of Berkeley, California; F. L. Seely, of Asheville, North Carolina; A. Stamford White, of Chicago, Illinois; Daniel Carter Beard, of Flushing, New York; George D. Pratt, of Brooklyn, New York; Franklin C. Hoyt, Jeremiah W. Jenks, Charles P. Neill, Frank Presbrey, Edgar M. Robinson, Mortimer L. Schiff, and James E. West, of New York, New York; G. Barrett Rich, junior, of Buffalo, New York; Robert Garrett, of Baltimore, Maryland; John Sherman Hoyt, of Norwalk, Connecticut; Charles C. Jackson, of Boston, Massachusetts; John H. Nicholson, of Pittsburgh, Pennsylvania; William D. Murray, of Plainfield, New Jersey; and George D. Porter, of Philadelphia, Pennsylvania, their associates and successors, are created a body corporate and politic of the District of Columbia, where its domicile shall be.

June 15, 1916, ch. 148, §1, 39 Stat. 227.

§22 · Name and powers of corporation

The name of the corporation created by this chapter shall be “Boy Scouts of America”, and by that name it shall have perpetual succession, with power to sue and be sued in courts of law and equity within the jurisdiction of the United States; to hold such real and personal estate as shall be necessary for corporate purposes, and to receive real and personal property by gift, devise, or bequest; to adopt a seal, and the same to alter and destroy at pleasure; to have offices and conduct its business and affairs within and without the District of Columbia and in the several States and Territories of the United States; to make and adopt by-laws, rules, and regulations not inconsistent with the laws of the United States of America, or any State thereof, and generally to do all such acts and things (including the establishment of regulations for the election of associates and successors) as may be necessary to carry into effect the provisions of this chapter and promote the purposes of said corporation.

June 15, 1916, ch. 148, §2, 39 Stat. 227.

§23 · Purposes of corporation

The purpose of the corporation shall be to promote, through organization, and cooperation with other agencies, the ability of boys to do things for themselves and others, to train them in scoutcraft, and to teach them patriotism, courage, self-reliance, and kindred virtues, using the methods which were in common use by Boy Scouts on June 15, 1916.

June 15, 1916, ch. 148, §3, 39 Stat. 228.

§24 · Acquisition of assets and liabilities of existing corporation; prohibition against issuance of stock or payment of dividends

Said corporation may acquire, by way of gift, all the assets of the existing national organization of Boy Scouts, a corporation under the laws of the District of Columbia, and defray and provide for any debts or liabilities to the discharge of which said assets shall be applicable; but said corporation shall have no power to issue certificates of stock or to declare or pay dividends, its object and purposes being solely of a benevolent character and not for pecuniary profit to its members.

June 15, 1916, ch. 148, §4, 39 Stat. 228.

§25 · Executive board; powers

The governing body of the said Boy Scouts of America shall consist of an executive board composed of citizens of the United States. The number, qualifications, and terms of office of members of the executive board shall be prescribed by the by-laws. The persons mentioned in section 21 of this title shall constitute the first executive board and shall serve until their successors are elected and have qualified. Vacancies in the executive board shall be filled by a majority vote of the remaining members thereof. The bylaws may prescribe the number of members of the executive board necessary to constitute a quorum of the board, which number may be less than a majority of the whole number of the board. The executive board shall have power to make and to amend the bylaws, and, by a two-thirds vote of the whole board at a meeting called for this purpose, may authorize and cause to be executed mortgages and liens upon the property of the corporation. The executive board may, by resolution passed by a majority of the whole board, designate three or more of their number to constitute an executive or governing committee, of which a majority shall constitute a quorum, which committee, to the extent provided in said resolution or in the bylaws of the corporation, shall have and exercise the powers of the executive board in the management of the business affairs of the corporation, and may have power to authorize the seal of the corporation to be affixed to all papers which may require it. The executive board, by the affirmative vote of a majority of the whole board, may appoint any other standing committees, and such standing committees shall have and may exercise such powers as shall be conferred or authorized by the bylaws. With the consent in writing and pursuant to an affirmative vote of a majority of the members of said corporation, the executive board shall have authority to dispose in any manner of the whole property of the corporation.

June 15, 1916, ch. 148, §5, 39 Stat. 228.

§26 · Annual and special meetings; quorum

An annual meeting of the incorporators, their associates and successors, shall be held once in every year after the year of incorporation, at such time and place as shall be prescribed in the bylaws, when the annual reports of the officers and executive board shall be presented and members of the executive board elected for the ensuing year. Special meetings of the corporation may be called upon such notice as may be prescribed in the bylaws. The number of members which shall constitute a quorum at any annual or special meeting shall be prescribed in the bylaws. The members and executive board shall have power to hold their meetings and keep the seal, books, documents, and papers of the corporation within or without the District of Columbia.

June 15, 1916, ch. 148, §6, 39 Stat. 228.

§27 · Exclusive right to emblems, badges, marks, and words or phrases

The corporation shall have the sole and exclusive right to have and to use, in carrying out its purposes, all emblems and badges, descriptive or designating marks, and words or phrases now or heretofore used by the Boy Scouts of America in carrying out its program, it being distinctly and definitely understood, however, that nothing in this chapter shall interfere or conflict with established or vested rights.

June 15, 1916, ch. 148, §7, 39 Stat. 228.

§28 · Annual report

On or before the 1st day of April of each year the said Boy Scouts of America shall make and transmit to Congress a report of its proceedings for the year ending December 31 preceding.

June 15, 1916, ch. 148, §8, 39 Stat. 229; Aug. 30, 1964, Pub. L. 88–504, §4(1), 78 Stat. 636.

§29 · Reservation of right to amend or repeal chapter

Congress shall have the right to repeal, alter, or amend this chapter at any time.

June 15, 1916, ch. 148, §9, 39 Stat. 229.

Chapter 2a. Girl Scouts of America

§31 · Corporation created

Mrs. Harry S. Truman, of Independence, Missouri; Mrs. Woodrow Wilson, of Washington, District of Columbia; Mrs. Calvin Coolidge, of Northampton, Massachusetts; Mrs. Franklin D. Roosevelt, of Hyde Park, New York; Mrs. Arthur O. Choate, of New York, New York; Mrs. Frederick H. Brooke, of Washington, District of Columbia; Mrs. Vance C. McCormick, of Harrisburg, Pennsylvania; Mrs. Harvey S. Mudd, of Los Angeles, California; Mrs. Alan H. Means, of Los Angeles, California; Mrs. C. Vaughan Ferguson, of Schenectady, New York; Doctor Mary H. S. Hayes, of New York, New York; Mrs. Walter N. Rothschild, of New York, New York; Mrs. Charles Kendrick, of San Francisco, California; Mrs. Frederick H. Bucholz, of Omaha, Nebraska; Mrs. Nathan Mobley, of Greenwich, Connecticut; Mrs. Amory Houghton, of Corning, New York; Mrs. Gordon Hunger, of Scarsdale, New York; Mrs. Charles H. Ridder, of New York, New York; Mrs. Paul Rittenhouse, of New York, New York; Mrs. Alfred R. Bachrach, of New York, New York; Mrs. Stanlee T. Bates, of Cleveland Heights, Ohio; Mrs. D. D. Bovaird, of Tulsa, Oklahoma; Mrs. W. Wright Byran, of Atlanta, Georgia; Mrs. R. A. Burnett, of Amarillo, Texas; Mrs. Cyril T. Carney, of Des Moines, Iowa; Mrs. Leonard G. Carpenter, of Crystal Bay, Minnesota; Mrs. Everett Case, of Hamilton, New York; Doctor Rosalind Cassidy, of Santa Monica, California; Mrs. H. S. Fenimore Cooper, of Cooperstown, New York; Mrs. J. Roger DeWitt, of Independence, Missouri; Mrs. R. T. Dozier, of Montgomery, Alabama; Mrs. Charles W. Farnsworth, of Concord, Massachusetts; Mrs. Merritt Farrell, of Newtown, Ohio; Mrs. W. V. M. Fawcett, of Newton, Massachusetts; Mrs. J. T. Finlen, of Butte, Montana; Mrs. John A. Frick, of Allentown, Pennsylvania; Mrs. A. B. Graham, of Portland, Oregon; Mrs. Edward F. Johnson, of Scarsdale, New York; Mrs. Charles H. Larkin Second, of Eden, New York; Mrs. Roy F. Layton, of Chevy Chase, Maryland; Mrs. James P. McGranery, of Philadelphia, Pennsylvania; Mrs. Julius Mark, of New York, New York; Miss Clementine Miller, of Columbus, Indiana; Mrs. Dudley H. Mills, of Glen Head, Long Island, New York; Mrs. Hilleary L. Murray, of Minneapolis, Minnesota; Mrs. C. E. Robbins, of Pierre, South Dakota; Mrs. Harry M. Robbins, of Seattle, Washington; Mrs. Snelling Robinson, of Lake Forest, Illinois; Mrs. Harry M. Sartoris, of Washington, District of Columbia; Mrs. Theodore Squier, of Milwaukee, Wisconsin; Miss Dorothea Sullivan, of Washington, District of Columbia; Mrs. John Arthur Thum, of Glendora, California; Mrs. George L. Todd, of Rochester, New York; Mrs. Abe D. Waldauer, of Memphis, Tennessee; Mrs. Frank L. Weil, of New York, New York; Mrs. John M. Whalen, of Kingston, Rhode Island; Mrs. William T. Wilson, Junior, of Winston-Salem, North Carolina; Mrs. Albert E. Winger, of New York, New York; Mrs. Arthur Woods, of Washington, District of Columbia, officers, directors, or members; and their associates and successors, constituting Girl Scouts of the United States of America, a membership corporation organized under the laws of the District of Columbia (hereinafter referred to as the “old corporation”), are incorporated a body corporate and politic of the District of Columbia, where its domicile shall be.

Mar. 16, 1950, ch. 62, §1, 64 Stat. 22.

§32 · Name and powers of corporation

The name of such corporation shall be Girl Scouts of the United States of America (hereinafter referred to as the “corporation”), and by that name it shall have perpetual succession, with power to sue and be sued in courts of law and equity within the jurisdiction of the United States; to take, receive, and hold, in trust or otherwise, and to sell and convey real and personal property necessary for its corporate purposes, and other real and personal property, the income from which shall be applied to its corporate purposes; to adopt a seal, and to alter or destroy such seal; to have offices and to conduct its business and affairs within and without the District of Columbia and in the several States, Territories, and possessions of the United States; to adopt a constitution, bylaws, rules, and regulations (including regulations for the election of associates and successors) not inconsistent with the laws of the United States, or any State thereof, and from time to time to alter such constitution, bylaws, rules, and regulations and generally to perform such acts as may be necessary to carry out the purposes of this chapter and promote the purposes of the corporation.

Mar. 16, 1950, ch. 62, §2, 64 Stat. 23.

§33 · Purposes of corporation

The purposes of the corporation shall be to promote the qualities of truth, loyalty, helpfulness, friendliness, courtesy, purity, kindness, obedience, cheerfulness, thriftiness, and kindred virtues among girls, as a preparation for their responsibilities in the home and for service to the community, to direct and coordinate the Girl Scout movement in the United States, its Territories, and possessions, and to fix and maintain standards for the movement which will inspire the rising generation with the highest ideals of character, patriotism, conduct, and attainment, which purposes shall be nonsectarian, nonpolitical, and not for pecuniary profit.

Mar. 16, 1950, ch. 62, §3, 64 Stat. 23.

§34 · National Council; powers; board of directors; executive committee

There shall be a National Council of Girl Scouts (hereinafter referred to as the “national council”), which shall have power to make and amend a constitution and bylaws, and to elect a board of directors, and officers and agents. The number, qualifications, and terms of office of members of the national council shall be prescribed by the constitution, except that they shall be citizens of the United States. The constitution may prescribe the number of members of the national council necessary to constitute a quorum, which number may be less than a majority of the whole number. The affairs of the corporation between meetings of the national council shall be managed by a board of directors, except that the bylaws may provide for an executive committee to exercise the powers of the board of directors in the interim between its meetings, and for other committees to operate under the general supervision of the board of directors. The number, qualifications, and terms of office of members of the board of directors shall be prescribed by the constitution. The constitution may prescribe the number of members of the board of directors necessary to constitute a quorum which number shall not be less than twenty, or two-fifths of the whole number. The board of directors, to the extent provided in the constitution and bylaws, shall have the powers of the national council, in the interim between its meetings. The national council, or between meetings thereof, the board of directors, may authorize and cause to be executed leases, mortgages, and liens upon, and sales and conveyances of, any of the property of the corporation; and the proceeds arising therefrom shall be applied or invested for the use and benefit of the corporation.

Mar. 16, 1950, ch. 62, §4, 64 Stat. 23; Aug. 14, 1953, ch. 486, §1, 67 Stat. 582.

§35 · Regular and special meetings

Meetings of the national council shall be held as provided in the constitution, for elections, and to receive the reports of the officers and board of directors. Special meetings may be called as prescribed in the constitution. The national council and the board of directors shall have power to hold meetings and keep the seal, books, documents, and papers of the corporation within or without the District of Columbia.

Mar. 16, 1950, ch. 62, §5, 64 Stat. 24; Aug. 14, 1953, ch. 486, §1, 67 Stat. 582.

§36 · Exclusive right to emblems, badges, marks, and words or phrases

The corporation shall have the sole and exclusive right to have and to use, in carrying out its purposes, all emblems and badges, descriptive or designating marks, and words or phrases now or heretofore used by the old corporation and by its successor in carrying out its program, including the sole and exclusive right to use, or to authorize the use of, during the existence of the corporation, the badge of the Girl Scouts, Incorporated, which is referred to in the Act of August 12, 1937 (Public, Numbered 259, Seventy-fifth Congress; 50 Stat. 623), and all the other aforesaid emblems and badges, descriptive or designating marks, and words or phrases in connection with the manufacturing, advertising, and selling of equipment and merchandise: Provided, however, That nothing in this chapter shall interfere or conflict with established or vested rights.

Mar. 16, 1950, ch. 62, §6, 64 Stat. 24; Aug. 17, 1951, ch. 328, 65 Stat. 192.

§37 · Annual report

On or before the first day of April of each year the corporation shall make and transmit to Congress a report of its proceedings for the preceding fiscal year.

Mar. 16, 1950, ch. 62, §7, 64 Stat. 24; Aug. 14, 1953, ch. 486, §2, 67 Stat. 583; Aug. 30, 1964, Pub. L. 88–504, §4(2), 78 Stat. 636.

§38 · Acquisition of assets and liabilities of existing corporation

On March 16, 1950, the separate existence of the old corporation shall cease and the old corporation shall be merged into the corporation. The corporation shall possess all the public and private rights, privileges, powers, and franchises and shall be subject to all the restrictions, disabilities, and duties of the old corporation so merged into it, and all of the rights, privileges, powers, and franchises of the old corporation, and all property—real, personal, and mixed—and all debts due it on whatever account shall be vested in the corporation; and all property, rights, privileges, powers, and franchises and all other interests of the old corporation shall be the property of the corporation and the title to any real estate vested in the old corporation by deed or otherwise, under the laws of the District of Columbia or any State, shall not revert or be in any way impaired by reason of this chapter: Provided, however, That all rights of creditors and all liens upon any property of the old corporation shall be preserved unimpaired and all its debts, liabilities, and duties shall attach to the corporation and may be enforced against it to the same extent as if such debts, liabilities, and duties had been incurred or contracted by it.

Mar. 16, 1950, ch. 62, §8, 64 Stat. 24.

§38a · Reservation of right to amend or repeal chapter

Congress shall have the right to repeal, alter, or amend this chapter at any time.

Mar. 16, 1950, ch. 62, §9, 64 Stat. 24.

§39 · Printing annual report

The annual report of the Girl Scouts of the United States of America shall be printed each year, with accompanying illustrations, as a separate House document of the session of the Congress to which such report may be submitted.

Apr. 16, 1951, ch. 29, 65 Stat. 32.

Chapter 3. The American Legion

§41 · Corporation created

That the following persons, to wit: William S. Beam, of North Carolina; Charles H. Brent, of New York; William H. Brown, of Connecticut; G. Edward Buxton, junior, of Rhode Island; Bennett C. Clark, of Missouri; Richard Derby, of New York; L. H. Evridge, of Texas; Milton J. Foreman, of Illinois; Ruby D. Garrett, of Missouri; Fred J. Griffith, of Oklahoma; Roy C. Haines, of Maine; John F. J. Herbert, of Massachusetts; Roy Hoffman, of Oklahoma; Fred B. Humphreys, of New Mexico; John W. Inzer, of Alabama; Stuart S. Janney, of Maryland; Luke Lea, of Tennessee; Henry Leonard, of Colorado; Henry D. Lindsley, of Texas; Ogden L. Mills, of New York; Thomas W. Miller, of Delaware; Edward Myers, of Pennsylvania; Franklin D'Olier, of Pennsylvania; W. G. Price, junior, of Pennsylvania; S. A. Ritchie, of New York; Theodore Roosevelt, junior, of New York; Albert A. Sprague, of Illinois; John J. Sullivan, of Washington; Dale Shaw, of Iowa; Daniel G. Stivers, of Montana; H. J. Turney, of Ohio; George A. White, of Oregon; Eric Fisher Wood, of Pennsylvania; George H. Wood, of Ohio; Mathew H. Murphy, of Alabama; Andrew P. Martin, of Arizona; J. J. Harrison, of Arkansas; Henry G. Mathewson, of California; H. A. Saidy, of Colorado; Alfred M. Phillips, junior, of Connecticut; George N. Davis, of Delaware; A. H. Blanding, of Florida; Walter Harris, of Georgia; E. C. Boom, of Idaho; George G. Seaman, of Illinois; Raymond S. Springer, of Indiana; Mathew A. Tinley, of Iowa; W. A. Phares, of Kansas; Henry De Haven Moorman, of Kentucky; T. Semmes Walmsley, of Louisiana; A. L. Robinson, of Maine; James A. Gary, junior, of Maryland; George C. Waldo, of Michigan; Harrison Fuller, of Minnesota; Alexander Fitzhugh, of Mississippi; H. C. Clark, of Missouri; Charles E. Pew, of Montana; John G. Maher, of Nebraska; J. G. Scrugham, of Nevada; Frank Knox, of New Hampshire; Hobart Brown, of New Jersey; Charles M. De Bremon, of New Mexico; C. K. Burgess, of North Carolina; Julius Baker, of North Dakota; F. C. Galbraith, of Ohio; Ross N. Lillard, of Oklahoma; E. J. Eivers, of Oregon; George F. Tyler, of Pennsylvania; Alexander H. Johnson, of Rhode Island; Julius H. Walker, of South Carolina; M. L. Shade, of South Dakota; Roane Waring, of Tennessee; Claude V. Birkhead, of Texas; Wesley E. King, of Utah; Charles Francis Cocke, of Virginia; H. Nelson Jackson, of Vermont; Harvey I. Moss, of Washington; Jackson Arnold, of West Virginia; John C. Davis, of Wisconsin; A. H. Beach, of Wyoming; E. Lester Jones, of the District of Columbia; Lawrence Judd, of Hawaii; Robert R. Landon, of the Philippine Islands; and such persons as may be chosen who are members of the “American Legion”, an unincorporated patriotic society of the soldiers, sailors, and marines of the Great War, 1917 to 1918, known as the “American Legion”, and their successors, are created and declared to be a body corporate. The name of this corporation shall be “The American Legion.”

Sept. 16, 1919, ch. 59, §1, 41 Stat. 284.

§42 · Completion of organization

Said persons named in section 41 of this title and such other persons as may be selected from among the membership of the American Legion, an unincorporated society of the soldiers, sailors, and marines of the Great War of 1917–1918, are hereby authorized to meet to complete the organization of said corporation by the selection of officers, the adoption of a constitution and by-laws, and to do all other things necessary to carry into effect the provisions of this chapter, at which meeting any person duly accredited as a delegate from any local or State organization of the existing unincorporated organization known as the “American Legion” shall be permitted to participate in the proceedings thereof.

Sept. 16, 1919, ch. 59, §2, 41 Stat. 284.

§43 · Purpose of corporation

The purpose of this corporation shall be: To uphold and defend the Constitution of the United States of America; to promote peace and good will among the peoples of the United States and all the nations of the earth; to preserve the memories and incidents of the two World Wars and the other great hostilities fought to uphold democracy; to cement the ties and comradeship born of service; and to consecrate the efforts of its members to mutual helpfulness and service to their country.

Sept. 16, 1919, ch. 59, §3, 41 Stat. 285; Oct. 29, 1942, ch. 633, §1, 56 Stat. 1012; July 26, 1955, ch. 386, §1, 69 Stat. 379; Sept. 1, 1966, Pub. L. 89–550, §1, 80 Stat. 371.

§44 · Powers of corporation

The corporation created by this chapter shall have the following powers: To have perpetual succession with power to sue and be sued in courts of law and equity; to receive, hold, own, use, and dispose of such real estate and personal property as shall be necessary for its corporate purposes; to adopt a corporate seal and alter the same at pleasure; to adopt a constitution, bylaws, and regulations to carry out its purposes, not inconsistent with the laws of the United States or of any State; to use, in carrying out the purposes of the corporation, such emblems and badges as it may adopt and to have the exclusive right to manufacture, and to control the right to manufacture, and to use, such emblems and badges as may be deemed necessary in the fulfillment of the purposes of the corporation; to establish and maintain offices for the conduct of its business; to establish State and Territorial organizations and local chapter or post organizations; to publish a magazine or other publications, and generally to do any and all such acts and things as may be necessary and proper in carrying into effect the purposes of the corporation.

Sept. 16, 1919, ch. 59, §4, 41 Stat. 285; June 26, 1953, ch. 153, §1, 67 Stat. 82.

§45 · Membership

No person shall be a member of this corporation unless such person has served in the naval or military services of the United States at some time during any of the following periods: April 6, 1917, to November 11, 1918; December 7, 1941, to December 31, 1946; June 25, 1950, to January 31, 1955; February 28, 1961, to May 7, 1975; August 24, 1982, to July 31, 1984; December 20, 1989, to January 31, 1990; August 2, 1990, to the date of cessation of hostilities, as determined by the United States Government; all dates inclusive, or who, being a citizen of the United States at the time of entry therein, served in the military or naval service of any governments associated with the United States during said wars or hostilities: Provided, however, That such person shall have an honorable discharge or separation from such service or continues to serve honorably after any of the aforesaid terminal dates.

Sept. 16, 1919, ch. 59, §5, 41 Stat. 285; Oct. 29, 1942, ch. 633, §2, 56 Stat. 1012; July 9, 1946, ch. 546, 60 Stat. 524; Dec. 28, 1950, ch. 1177, 64 Stat. 1122; July 26, 1955, ch. 386, §2, 69 Stat. 380; Sept. 1, 1966, Pub. L. 89–550, §2, 80 Stat. 372; Dec. 27, 1974, Pub. L. 93–557, 88 Stat. 1792; Aug. 17, 1978, Pub. L. 95–346, 92 Stat. 485; Dec. 21, 1979, Pub. L. 96–155, 93 Stat. 1165; Oct. 30, 1990, Pub. L. 101–478, 104 Stat. 1157; Dec. 2, 1991, Pub. L. 102–179, 105 Stat. 1229; Nov. 20, 1997, Pub. L. 105–110, 111 Stat. 2270.

§46 · Nonpolitical nature of corporation

The organization shall be nonpolitical and, as an organization, shall not promote the candidacy of any person seeking public office.

Sept. 16, 1919, ch. 59, §6, 41 Stat. 285.

§47 · Acquisition of assets and liabilities of existing organization

Said corporation may acquire any or all the assets of the existing unincorporated national organization known as the “American Legion” upon discharging or satisfactorily providing for the payment and discharge of all its liabilities.

Sept. 16, 1919, ch. 59, §7, 41 Stat. 285.

§48 · Exclusive right to names

Said corporation and its State and local subdivisions shall have the sole and exclusive right to have and to use, in carrying out its purposes, the name “The American Legion”, or “American Legion”.

Sept. 16, 1919, ch. 59, §8, 41 Stat. 285; June 26, 1953, ch. 153, §2, 67 Stat. 82.

§49 · Annual report

The said corporation shall, on or before the 1st day of January in each year, make and transmit to the Congress a report of its proceedings for the preceding calendar year: Provided, however, That said report shall not be printed as public documents.

Sept. 16, 1919, ch. 59, §9, 41 Stat. 285; Aug. 30, 1964, Pub. L. 88–504, §4(3), 78 Stat. 636.

§50 · Agents for service of process

As a condition precedent to the exercise of any power or privilege herein granted or conferred the American Legion shall file in the office of the secretary of state of each State the name and post-office address of an authorized agent in such State upon whom legal process or demands against the American Legion may be served.

Sept. 16, 1919, ch. 59, §91/2, 41 Stat. 285.

§51 · Reservation of right to amend or repeal chapter

The right to repeal, alter, or amend this chapter at any time is expressly reserved.

Sept. 16, 1919, ch. 59, §10, 41 Stat. 285.

Chapter 3a. United Spanish War Veterans

§§56 to 56h · Omitted

Chapter 3b. Marine Corps League

§57 · Corporation created

Major General John A. Lejeune, United States Marine Corps, retired, honorary national commandant; Maurice A. Illch, national commandant; Roy S. Taylor, senior national vice commandant; Kenneth B. Collings, junior national vice commandant; Alexander F. Ormsby, national judge advocate; Reverend John H. Clifford, national chaplain; Edward A. Walker, national sergeant at arms; John B. Hinckley, Junior, national adjutant and paymaster; John E. Brock, national chief of staff, are created a body corporate of the name “Marine Corps League.”

Aug. 4, 1937, ch. 564, §1, 50 Stat. 558.

§57a · Purposes of corporation

The purposes of this corporation shall be (a) to preserve the traditions and to promote the interests of the United States Marine Corps; (b) to band those who were on August 4, 1937, serving in the United States Marine Corps and those who have been honorably discharged from that service together in fellowship that they may effectively promote the ideals of American freedom and democracy; (c) to fit its members for the duties of citizenship and to encourage them to serve as ably as citizens as they have served the Nation under arms; (d) to hold sacred the history and memory of the men who have given their lives to the Nation; (e) to foster love for the principles which they have supported by blood and valor since the founding of the Republic; (f) to maintain true allegiance to American institutions; (g) to create a bond of comradeship between those in service and those who have returned to civil life; (h) to aid voluntarily and to render assistance to all marines and former marines as well as to their widows and orphans; (i) to perpetuate the history of the United States Marine Corps and by fitting acts to observe the anniversaries of historical occasions of peculiar interest to marines.

Aug. 4, 1937, ch. 564, §2, 50 Stat. 558.

§57b · Powers of corporation

The corporation (a) shall have perpetual succession; (b) may charge and collect membership dues and receive contributions of money or property to be devoted to carrying out the purposes of the organization; (c) may sue or may be sued; (d) may adopt a corporate seal and alter it at pleasure; (e) may adopt and alter bylaws not inconsistent with the Constitution and laws of the United States or of any State; (f) may establish and maintain offices for the conduct of its business; (g) may appoint or elect officers and agents; (h) may choose a board of trustees, consisting of not more than fifteen persons nor less than five persons, to conduct the business and exercise the powers of the corporation; (i) may acquire, by purchase, devise, bequest, gift, or otherwise, and hold, encumber, convey, or otherwise dispose of such real and personal property as may be necessary or appropriate for its corporate purposes; and (j) generally may do any and all lawful acts necessary or appropriate to carry out the purposes for which the corporation is created.

Aug. 4, 1937, ch. 564, §3, 50 Stat. 559.

§58 · Annual report

The corporation shall, on or before the 1st day of December in each year, transmit to Congress a report of its proceedings and activities for the preceding calendar year. Such reports shall not be printed as public documents.

Aug. 4, 1937, ch. 564, §4, 50 Stat. 559; Aug. 30, 1964, Pub. L. 88–504, §4(5), 78 Stat. 636.

§59 · Reservation of right to amend or repeal chapter

The right to alter, amend, or repeal this chapter at any time is expressly reserved.

Aug. 4, 1937, ch. 564, §5, 50 Stat. 559.

Chapter 4. Belleau Wood Memorial Association

§61 · Corporation created

Ira E. Bennett, Tasker H. Bliss, Nathalie Boynton, Marie Moore Forrest, Elizabeth Van Rensselaer Frazer, James E. Freeman, Margaret Overman Gregory, Harry V. Haynes, John A. LeJeune, A. L. McClellan, Wendell C. Neville, Frank B. Noyes, John Barton Payne, Augusta Reath, Alice Hay Wadsworth, John Walsh, and their associates and successors, are created a body corporate by the name of “Belleau Wood Memorial Association.”

Mar. 3, 1923, ch. 228, §1, 42 Stat. 1441.

§62 · Purposes of corporation

The purposes of the corporation shall be: (a) To acquire and maintain the whole or any portion of Belleau Wood, Department of Aisne, France, for memorial purposes; (b) to erect such buildings and monuments and establish such institutions thereon as it may deem appropriate as a memorial to the men of the American Expeditionary Forces who participated in the Battle of Belleau Wood, France, and vicinity during the World War; (c) to solicit and obtain members; (d) to charge and collect membership dues, and to solicit and receive contributions of money to be devoted to carrying out such purposes; and (e) to care for and maintain such memorial.

Mar. 3, 1923, ch. 228, §2, 42 Stat. 1441.

§63 · Powers of corporation

The corporation (a) shall have perpetual succession; (b) may sue and be sued; (c) may adopt a corporate seal and alter it at pleasure; (d) may adopt and alter bylaws not inconsistent with the Constitution and laws of the United States or of any State; (e) may establish and maintain offices for the conduct of its business; (f) may appoint officers and agents; (g) may choose a board of trustees consisting of not more than fifteen persons nor less than five persons, to conduct the business and exercise the powers of the corporation; (h) may acquire, by purchase, devise, bequest, gift, or otherwise, and hold, encumber, convey, or otherwise dispose of, such real and personal property as may be necessary or appropriate for its corporate purposes, and especially the whole or any portion of Belleau Wood, Department of Aisne, France, to the extent that it may be or become consistent with, or permitted by, the laws of the French Republic; and (i) generally may do any and all lawful acts necessary or appropriate to carry out the purposes for which the corporation is created.

Mar. 3, 1923, ch. 228, §3, 42 Stat. 1441.

§64 · Acquisition of assets and liabilities of existing corporation

The Belleau Wood Memorial Association, a corporation heretofore incorporated under the laws of the District of Columbia, is authorized to transfer to the corporation created by this chapter all of its property, rights, and assets, and such corporation is authorized to receive all of such property, rights, and assets. Upon such transfer, such association shall thereby be dissolved, and such corporation shall be liable for all the obligations of, and claims against, such association, and all of such obligations and claims may be enforced against the corporation.

Mar. 3, 1923, ch. 228, §4, 42 Stat. 1441.

§65 · Annual report

The corporation shall, on or before the 1st day of December in each year, transmit to Congress a report of its proceedings and activities for the preceding calendar year. Such reports shall not be printed as public documents.

Mar. 3, 1923, ch. 228, §5, 42 Stat. 1441; Aug. 30, 1964, Pub. L. 88–504, §4(6), 78 Stat. 636.

§66 · Reservation of right to amend or repeal chapter

The right to alter, amend, or repeal this chapter at any time is expressly reserved.

Mar. 3, 1923, ch. 228, §6, 42 Stat. 1441.

Chapter 4a. Amvets (American Veterans of World War Ii, Korea, and Vietnam)

§67 · Corporation created

The following persons, to wit: Jack W. Hardy, 7421 Beverly Boulevard, Los Angeles, California; Elmo Keel, 4085 Minnesota Avenue Northeast, Washington, District of Columbia; William Enters, suite 1509–1511, 11 South LaSalle Street, Chicago, Illinois; Doctor Gerald I. Cetrulo, 166 Bloomfield Avenue, Newark, New Jersey; Norman Clock, 125 South Fourth Street, Reading, Pennsylvania; Floyd Williams, C–2 704 North Monroe Street, Arlington, Virginia; Reverend Joseph T. O'Callaghan, United States Navy Department, Washington, District of Columbia; George R. Porter, 1730 South Adams Street, Fort Worth, Texas; Robert E. McLaughlin, 800 South Washington Street, Alexandria, Virginia; Ray Sawyer, Plymouth, New Hampshire; James C. Tate, 2 Wilton Road, Rural Free Delivery Numbered 5, Alexandria, Virginia; George E. Burke, 1126 Central Avenue, Saint Petersburg, Florida; A. Ronald Button, 6331 Hollywood Boulevard, Hollywood 28, California; Americus Lamberti, 515 West Seventh Street, Plainfield, New Jersey; Emory S. McNider, Coffeyville, Alabama; Allen Hansen, 815 East Broadway, Tucson, Arizona; Edward S. Shattuck, 1400 North Hobart Boulevard, Los Angeles, California; Elvon L. Howell, 652 Gilpin Street, Denver, Colorado; William N. Welsh, 21 Bristol Street, West Haven, Connecticut; Francis D. Odell, 18 Lawson Avenue, Claymont, Delaware; George Lewis, 125 State Capitol, Atlanta, Georgia; Lee Witaski, 1438 Thorndale Avenue, Chicago, Illinois; Doctor Clyde Iongstreth, Atlantic, Iowa; Harry N. Gillig, Junior, 612 Kansas Avenue, Topeka, Kansas; John H. Ostertag, 955 Charles Street, Louisville, Kentucky; Otto E. Passman, 114–120 Walnut Street, post-office drawer 1833, Monroe, Louisiana; Doctor G. E. Marrone, 610 Fairview Avenue, Frederick, Maryland; Howard J. McDonald, 4 College Street, Lewiston, Maine; Edward J. Beauchamp, 4 College Street, Lewiston, Maine; Albert J. Reynolds, Tremont Temple Building, Boston, Massachusetts; Neil Holland, 401 Charlevoix Building, 2033 Park Avenue, Detroit, Michigan; Monte M. Korn, 18041 Washburn, Detroit, Michigan; Raymond D. Vosburgh, 2221/2 West Lewis Street, Mankato, Minnesota; George R. Gess, box 47, Mount Olive, Mississippi; Henry W. Simpson, room 500, 119 North Seventh Street, Saint Louis, Missouri; R. C. Letcher, Billings Fire Department, Billings, Montana; Doctor A. D. Faier, 1102 Medical Arts Building, Omaha, Nebraska; Jay J. Strode, Wells, Nevada; N. L. Samaha, C–1, 1 Keeble Street, Plymouth, New Hampshire; William Hepp, 1918 Liberty Bank Building, Buffalo, New York; Huston W. Galyen, 1121 Sixteenth Avenue North, Fargo, North Dakota; Carl Freudenberg, 1298 Michigan Avenue, Cincinnati, Ohio; Fred Milligan, attorney at law, Columbus, Ohio; Joseph D. Stafford, route 2, box 662, Oklahoma City, Oklahoma; Anthony R. McGrath, 609 Plaza Building, Pittsburgh, Pennsylvania; Harry M. DeWitt, Junior, 2316 Fortieth Street Northwest, Washington, District of Columbia; Robert W. Donald, post-office box 2, Easley, South Carolina; Dick Kelly, Shaw Insurance Company, Sioux Falls, South Dakota; Alex Bullocks, 1464 Washington Street, Memphis, Tennessee; Thomas J. Russell, Burlington, Vermont; John E. Fletcher, 806 North Eye Street, Tacoma, Washington; R. L. Stubbs, Professional Building, Fairmont, West Virginia; Walter L. Thompson, 1316 Lombard, Everett, Washington; Robert A. Garrett, 163 Eccles Building, Ogden, Utah; Searcy Johnson, 805 Mercantile Building, Dallas, Texas; Hampton C. Godbe, 116 P Street, Salt Lake City, Utah; Allen P. Solada, 311 Dauphin Building, Harrisburg, Pennsylvania; George Vukmanic, 221 Martin Avenue, Pittsburgh 16, Pennsylvania; Royce C. Granger, 102 East Eighteenth Street, Tulsa, Oklahoma; Charles E. Nassif, 1023 Thirteenth Street North, Fargo, North Dakota; Paul D. Higgins, 1041/2 Broadway, Fargo, North Dakota; Edmund P. Radwan, 906 Broadway, Buffalo, New York; Alexander J. Matturria, 234 Mount Prospect Avenue, Newark, New Jersey; J. F. Roche, Bond Building, 1015 Elm Street, Manchester, New Hampshire; Kenneth A. Van Vorst, 114 East Bonanza Road, Las Vegas, Nevada; Julian C. Harvey, 1731 Walnut Street, Kansas City, Missouri; John Wesley, box 482, Picayune, Mississippi; Claude C. Morgan, 810 Hammond Building, Detroit, Michigan; Edward A. Trudell, 26 Horan Way, Jamaica Plain, Massachusetts; Vincent C. Neeson, Labelle and Bellona, Ruxton, Baltimore 4, Maryland; R. L. Huot, 106 Elm Street, Biddeford, Maine; John E. Sutherlin, Sutherlin Sales Company, Industries Building, New Orleans, Louisiana; Thomas Wilkerson, 1600 Washington, Henderson, Kentucky; John C. Junkins, Cherokee, Kansas; Doctor C. W. Hoffman, 1340 Forty-first Street, Des Moines, Iowa; Allen W. Jenkins, 1015 Cherry Street, Evansville, Indiana; Edwin I. Bruder, 6837 Clyde Avenue, Chicago, Illinois; Harry P. Orcutt, Fort Benning, Georgia; Arthur Di Vincent, post-office box 4579, Miami 28, Florida; Maurice B. Marholin, 176 McClintock Road, New Britain, Connecticut; Harry Steinbery, First National Bank Building, El Dorado, Arkansas; Jess Curtiss, 807 North Third Street, Phoenix, Arizona; Edward S. Coston, 69 Ninth Street North, Birmingham, Alabama; Anthony O. Jones, 315 Security Building, Phoenix, Arizona; Frank Dee Scriven, 8474 West Third Street, Los Angeles 36, California; Allen C. Hessier, 1275 Clarkson Street, Number 4, Denver 3, Colorado; Michael Dzamki, 3912 First Street, East Chicago, Indiana; S. Howard Rudolph, Junior, Atlantic, Iowa; Fred K. Greer, 427 East Market Street, Princeton, Kentucky; Roy Morgan, Winnfield, Louisiana; James C. Wilt, 842 Columbia Avenue, Cumberland, Maryland; Chester Modzelewski, 67 Davenport Street, Chicopee, Massachusetts; Arthur Madar, 9166 Yorkshire, Detroit, Michigan; John J. Clark, 257 Harrison Street, Biloxi, Mississippi; William E. Blake, 73 Grey, Buffalo 12, New York; Albert Geremia, room 303, 17 Exchange Street, Providence, Rhode Island; Frank E. Richter, 3, 12–14 West Sixth Street, Evansville, Indiana; Frank J. Ross, 1020 East Pleasant, Milwaukee, Wisconsin; Conrad K. Strauss, 160 Holland Avenue, Cowesett, Rhode Island; Paul S. Limerick, 456 Catalina, Webster Groves, Missouri; Raymond O'Brien, 22 North Ryan Street, Buffalo, New York; Dallas P. Richeson, post-office box 2226, Phoenix, Arizona; Fred Nimz, route 6, box 815A, Phoenix, Arizona; Tom Bulman, 243 East Fifteenth Street, Tucson, Arizona; Charles E. Brode, 15 North Lee Street, Cumberland, Maryland; Clyde B. Blanton, 2095 Seventh Avenue, North, Saint Petersburg, Florida; Floyd Cooper, 912 Polk Street, Amarillo, Texas; Paul Moody, 548 South Spring Street, Los Angeles, California; Oliver A. Farabee, Lexington, North Carolina; Thad Males, 329 West Valerio Street, Santa Barbara, California; and such persons who are members of the AMVETS (American Veterans of World War II, Korea, and Vietnam) and their successors, are created and declared to be a body corporate by the name AMVETS (American Veterans of World War II, Korea, and Vietnam) and by such name shall be known and have perpetual succession of the powers, limitations, and restrictions herein contained.

July 23, 1947, ch. 298, §1, 61 Stat. 403; Aug. 15, 1977, Pub. L. 95–98, §1(a), 91 Stat. 830.

§67a · Adoption of constitution, bylaws, and declaration of principles; election of officers

A majority of the persons above named and other persons selected from among the membership of AMVETS (American Veterans of World War II), an unincorporated association as set forth in section 67 of this title, met in national convention in Chicago, Illinois, on October 12, 13, and 14, 1945, and then and there, by and through duly elected delegates representing one hundred and thirty-one posts throughout the United States adopted a national constitution, bylaws, and declaration of principles and duly elected national officers for said organization, all as set forth in the Congressional Record, proceedings and debates of the Seventy-ninth Congress, first session, on November 6 and 7, 1945.

July 23, 1947, ch. 298, §2, 61 Stat. 405.

§67b · Purposes of corporation

The purposes of this corporation shall be as follows:

(1) To preserve for ourselves and our posterity the great and basic truths and enduring principles upon which this Nation was founded.

(2) To maintain a continuing interest in the welfare and rehabilitation of the disabled veterans of World War II, the Korean conflict, and the Vietnam era and to establish facilities for the assistance of all veterans and to represent them in their claims before the Department of Veterans Affairs and other organizations without charge.

(3) To dedicate ourselves to the service and best interests of the community, State, and Nation, to the end that our country shall be and remain forever a whole, strong, and free Nation.

(4) To aid and encourage the abolition of prejudice, ignorance, and disease. To encourage universal exercise of the voting franchise, to the end that there shall be elected and maintained in public office men and women who hold such office as a public trust administered in the best interests of all the people.

(5) To advocate the development and means by which all Americans may become enlightened and informed citizens and thus participate fully in the functions of our democracy.

(6) To encourage and support an international organization of all peace-loving nations, to the end that not again shall any nation be permitted to breach their national peace.

(7) To continue to serve the best interests of our Nation in peace as in war.

(8) To develop to the utmost the human, mental, spiritual, and economical resources of our Nation.

(9) To perpetuate and preserve the friendships and comradeship born on the battle front and nurtured in the common experience of service to our Nation during time of war.

(10) To honor the memory of those men and women who gave their lives that a free America and a free world might live by the creation of living memorials in the form of additional educational, cultural, and recreational facilities.

(11) To operate as a corporation not for profit and that no part of the income or assets shall inure to the benefit of any of its members, directors, or officers, nor be distributable thereto otherwise than upon dissolution or final liquidation; and that such corporation is organized and shall be operated exclusively for charitable, educational, patriotic, and civic improvement purposes.

July 23, 1947, ch. 298, §3, 61 Stat. 405; Aug. 15, 1977, Pub. L. 95–98, §1(b)(1), 91 Stat. 830; June 13, 1991, Pub. L. 102–54, §13(n)(1), 105 Stat. 278.

§67c · Powers of corporation

The corporation created shall have the following powers: To have perpetual succession with power to sue and be sued in any court of competent jurisdiction; take and hold by lease, gift, purchase, grant, devise, or bequest any property, real or personal, necessary for attaining the objects and carrying into effect the purposes of the corporation, subject, however, to applicable provisions of law of any State (A) governing the amount or kind of real and personal property which may be held by, or (B) otherwise limiting or controlling the ownership of real and personal property by, a corporation operating in such State; to ordain and establish bylaws and regulations not inconsistent with the laws of the United States of America or any State thereof, for the management of its property and the regulation of its affairs; to use in carrying out its purposes such seals, emblems, and badges as it may lawfully adopt; to establish State and regional organizations and local posts; to publish magazines, newspapers, or any other publications consistent with the purposes of the corporation and to do any and all such acts and things as may be necessary and proper to carry into effect the purposes of the corporation.

July 23, 1947, ch. 298, §4, 61 Stat. 406.

§67d · Propaganda activities prohibited; nonpolitical nature of corporation; membership of executive committee; headquarters; territorial scope of activities

(1) No part of the activities of the corporation shall consist of carrying on propaganda.

(2) The corporation and its officers and the members of its executive committee as such shall not contribute to or otherwise support or assist any political party or candidate for elective public office.

(3) The current executive committee consists of forty members, namely, Ray Sawyer, Plymouth, New Hampshire; Jack W. Hardy, Title Guaranty Building, Los Angeles, California; Albert J. Reynolds, 3117 Washington Street, Roxbury, Massachusetts; L. M. Hinshaw, box 558, Asheboro, North Carolina; J. M. Crespi, Sims Building, 12 Auburn Avenue Northeast, Atlanta, Georgia; Arthur J. Madar, 9166 Yorkshire, Detroit 24, Michigan; Kenneth A. Anderson, 7166 South Penn Street, Denver, Colorado; Anthony O. Jones, 315 Security Building, Phoenix, Arizona; Agnes Frazee, post-office box 751, Uniontown, Pennsylvania; Floyd Williams, C–2, 704 North Monroe Street, Arlington, Virginia; William Kipp, 1032 North Dearborn Street, Chicago, Illinois; John J. Carney, 308 Leader Building, Cleveland, Ohio; Doctor John S. Weir, 618 South Main Street, Fond du Lac, Wisconsin; Reverend Sam Hill Ray, Loyola University, New Orleans, Louisiana; Nathan Gordon, Little Rock, Arkansas; Thad Males, 329 West Valerio Street, Santa Barbara, California; Al Grossi, Farmington, Connecticut; Harry M. De Witt, Junior, 2316 Fortieth Street Northwest, Washington, District of Columbia; George E. Burke, 1126 Central Avenue, Saint Petersburg, Florida; Charles L. Crowley, 935 Oglethorpe Avenue, Atlanta, Georgia; L. Harlan Swisher, 306 Davidson Drive, Champaign, Illinois; Arthur Schnipper, 4334 Ivy Street, East Chicago, Indiana; Robert Buckmaster, 158 Woodstock Road, Waterloo, Iowa; William C. Moss, Bogalusa, Louisiana; Edward J. Beauchamp, 163 Lisbon Street, Lewiston, Maine; Thomas Burke, 222 South Street, Fitchburg, Massachusetts; Milton F. Cooney, 55 Naomi Street, Pontiac, Michigan; Paul Limerick, 456 Catalina, Webster Groves, Missouri; Louis W. Zaris, 331 Guarantee Trust Building, Atlantic City, New Jersey; William Hepp, 176 Lafayette Street, Buffalo, New York; J. C. Powell, box 830, Winston-Salem, North Carolina; E. L. Hallowell, 455 Forest Avenue, Dayton, Ohio; K. L. Shirk, 33 North Duke Street, Lancaster, Pennsylvania; Albert Geremia, 277 Webster Avenue, Providence, Rhode Island; Richard H. Dewey, 251 Madison Avenue, Memphis, Tennessee; Ivan Stone, 2708 West Lamar, Houston, Texas; Doctor M. H. Seidner, 406 First Security Bank Building, Ogden, Utah; J. C. McCaughan, Junior, 1904 West Broad Street, Richmond, Virginia; John F. Howell, Junior, 11101/2 Seventeenth Street, Parkersburg, West Virginia; and Kenneth Kunde, Quonset Park, Oshkosh, Wisconsin.

(4) The headquarters office and principal place of business of said corporation shall be located in Washington, District of Columbia, but the activities of said organization, as set out herein, shall not be confined to the District of Columbia, but shall be conducted throughout the various States, Territories, and possessions of the United States.

July 23, 1947, ch. 298, §5, 61 Stat. 406.

§67e · Membership

Eligibility for membership in AMVETS and the rights and privileges of members shall, except as provided in this chapter, be as provided in the constitution and bylaws of the organization, and terms of membership and requirements for holding office within the organization shall not be discriminatory on the basis of race, color, religion, sex or national origin.

July 23, 1947, ch. 298, §6, 61 Stat. 407; Dec. 28, 1950, ch. 1178, 64 Stat. 1122; July 26, 1955, ch. 383, 69 Stat. 375; Sept. 14, 1966, Pub. L. 89–576, 80 Stat. 772; Aug. 15, 1977, Pub. L. 95–98, §1(b)(2), 91 Stat. 830; May 31, 1984, Pub. L. 98–304, 98 Stat. 220.

§67f · Voting rights of members and convention delegates; executive committee

(1) Each member of the said corporation shall have the right to one vote in the conduct of official business at the post level. Each post shall have the right to elect delegates to national conventions of the corporation, which delegates shall each exercise one vote in the conduct of business of the respective convention to which he is elected.

(2) The executive committee of the said corporation shall consist of one member duly elected to represent each department, and, in addition, all elective officers shall be members of the executive committee, ex officio.

July 23, 1947, ch. 298, §7, 61 Stat. 407.

§67g · Acquisition of assets and liabilities of existing association

The said corporation may and shall acquire all of the assets of the existing unincorporated association known as AMVETS (American Veterans of World War II) upon discharge or satisfactory provisions for the discharge of all its liabilities.

July 23, 1947, ch. 298, §8, 61 Stat. 407.

§67h · Use of assets on dissolution or liquidation

In the event of a final dissolution or liquidation of such corporation, and after the discharge or satisfactory provisions for the discharge of all its liabilities, the remaining assets of the said corporation shall be transferred to the Department of Veterans Affairs to be applied to the care and comfort of disabled veterans of World War II, the Korean conflict and the Vietnam era.

July 23, 1947, ch. 298, §9, 61 Stat. 407; Aug. 15, 1977, Pub. L. 95–98, §1(b)(3), 91 Stat. 830; June 13, 1991, Pub. L. 102–54, §13(n)(1), 105 Stat. 278.

§67i · Additional corporate powers

The corporation shall have power to—

(1) Have succession by its corporate name;

(2) Choose such officers, representatives, and agents as are necessary to carry out the purposes of the corporation;

(3) Contract and be contracted with;

(4) Transfer and convey all real or personal property;

(5) Borrow money for the purposes of the corporation, issue bonds therefor, and secure same by mortgage subject in every case to all applicable provisions of Federal or State laws.

July 23, 1947, ch. 298, §10, 61 Stat. 407.

§67j · Liability for acts of officials and agents

The corporation shall be liable for the acts of its officials, representatives, and agents when acting within the scope of their authority.

July 23, 1947, ch. 298, §11, 61 Stat. 407.

§67k · Agent for service of process

The corporation shall maintain in the District of Columbia at all times a designated agent authorized to accept services of processes for such corporation; and notice to or service upon such agent, or mail to the business address of such agent, shall be deemed notice or service upon the corporation.

July 23, 1947, ch. 298, §12, 61 Stat. 407.

§67l · Election of officers

The following national officers of the said corporation shall be elected by the chosen delegates thereof in annual national conventions, each official delegate casting one vote, to wit: National commander and seven national vice commanders, one of whom shall be a woman; finance officer, adjutant, judge advocate, and provost marshal.

July 23, 1947, ch. 298, §13, 61 Stat. 408.

§67m · Books and records; inspection

The corporation shall keep correct and complete books and records of account and shall also keep minutes of the proceedings of its members, executive committee, and committees having any of the authority of the executive committee; and shall keep at its registered office or principal office a record giving the names and addresses of its members entitled to vote; and permit all books and records of the corporation to be inspected by any member or his agent or his attorney for any proper purpose at any reasonable time.

July 23, 1947, ch. 298, §14, 61 Stat. 408.

§67n · Prohibition against issuance of stock or payment of dividends

The corporation shall not have or issue shares of stock, nor declare or pay dividends.

July 23, 1947, ch. 298, §15, 61 Stat. 408.

§67o · Loans to officers; liability of officers

No loan shall be made by the corporation to its officers or directors, or any of them, and any directors of the corporation who vote for or assent to the making of a loan or advance to an officer or director of the corporation, and any officer or officers participating in the making of any such loan or advance, shall be jointly and severally liable to the corporation for the amount of such loan until the repayment thereof.

July 23, 1947, ch. 298, §16, 61 Stat. 408.

§67p · Exclusive right to name, seals, emblems, and badges

The corporation and its State, regional, and local subdivisions shall have the sole and exclusive right to have and use in carrying out its purposes the name AMVETS (American Veterans of World War II, Korea, and Vietnam), and such seals, emblems, and badges as the corporation may lawfully adopt.

July 23, 1947, ch. 298, §17, 61 Stat. 408; Aug. 15, 1977, Pub. L. 95–98, §1(a), 91 Stat. 830.

§67q · Service of process; local authorized agents in States

As a condition precedent to the exercise of any power or privilege herein granted or conferred AMVETS (American Veterans of World War II, Korea, and Vietnam) shall serve notice on the secretary of state, in each State, of the name and address of an authorized agent in such State upon whom legal process or demands against this corporation may be served.

July 23, 1947, ch. 298, §18, 61 Stat. 408; Aug. 15, 1977, Pub. L. 95–98, §1(a), 91 Stat. 830.

§67r · Grant and accrual of rights of other national veterans’ organizations

Such provisions, privileges, and prerogatives as have been granted heretofore to other national veterans’ organizations by virtue of their being incorporated by Congress are granted and accrue to AMVETS (American Veterans of World War II, Korea, and Vietnam).

July 23, 1947, ch. 298, §19, 61 Stat. 408; Aug. 15, 1977, Pub. L. 95–98, §1(a), 91 Stat. 830.

§67s · Reservation of right to amend or repeal chapter

The right to repeal, alter, or amend this chapter at any time is expressly reserved.

July 23, 1947, ch. 298, §20, 61 Stat. 408.

Chapter 5. Grand Army of the Republic

§§71 to 77 · Omitted

Chapter 5a. Ladies of the Grand Army of the Republic

§78 · Corporation created

The following-named persons, to wit: Gussie Laile Morin, Seattle, Washington; Margaret Hopkins Worrell, Ironton, Ohio; Twannette Paull, Kansas City, Missouri; Nellie D. Howe, Grand Rapids, Michigan; Sarah J. Ehrmann, Orange City, Florida; Mabel S. Taylor, Providence, Rhode Island; Edwina P. Trigg, Kansas City, Missouri; Cora M. Rowling, Indianapolis, Indiana; Irene Mangle, Woodruff, Wisconsin; Catherine G. Schroeder, Los Angeles, California; Mabel Y. Coffey, Colorado Springs, Colorado;

Helen M. Lehman, Jersey City, New Jersey; Margaret Grandle, Pittsburg, Kansas; Frances M. Kuhns, Greensburg, Pennsylvania; Gladys W. Newton, Charleston, West Virginia; Olive Vanwagenen, Washington, District of Columbia; Luella Orr, Tulsa, Oklahoma; Edna S. Lindsey, Portland, Oregon; Rosalie E. Leonard, Boise, Idaho; Lura B. Frye, Peoria, Illinois; Theo McCallum, Neenah, Wisconsin; Eloise E. Whitmer, Washington, District of Columbia; Harriet E. Hughes, New York City, New York; Margaret G. Urban, Oakmont, Pennsylvania;

Bertha Hunt, Des Moines, Iowa; Marie E. Godda, Omaha, Nebraska; Anna Hausman, Washington, District of Columbia; Frances C. Linnell, Plymouth, Massachusetts; Alma M. Blitz, Minneapolis, Minnesota; Lila Lovett, Portland, Maine; Eveh M. Ervin, Keene, New Hampshire; Mildred Puckett, Louisville, Kentucky; Ada Anderson, Wilmington, Delaware; and all past national presidents, and their successors, are created and declared to be a body corporate of the District of Columbia, where its legal domicile shall be, by the name of the Ladies of the Grand Army of the Republic (hereinafter referred to as the corporation), and by such name, shall be known and have perpetual succession and the powers, limitations, and restrictions herein contained.

Pub. L. 86–47, §1, June 17, 1959, 73 Stat. 76.

§78a · Omitted

§78b · Purposes of corporation

The purposes of the corporation shall be: To perpetuate the memory of the Grand Army of the Republic and of the men who saved the Union in 1861 to 1865; to assist in every practicable way in the preservation and making available for research of documents and records pertaining to the Grand Army of the Republic and its members; to cooperate in doing honor to all those who have patriotically served our country in any way; to teach patriotism and the duties of citizenship, the true history of our country, and the love and honor of our flag; to oppose every tendency or movement that would weaken loyalty to, or make for the destruction or impairment of, our constitutional Union; and to inculcate and broadly sustain the American principles of representative government, of equal rights, and of impartial justice for all.

Pub. L. 86–47, §3, June 17, 1959, 73 Stat. 77.

§78c · Powers of corporation

The corporation shall have power—

(1) to have succession by its corporate name;

(2) to sue and be sued, complain and defend in any court of competent jurisdiction;

(3) to adopt, use, and alter a corporate seal;

(4) to choose such officers, managers, agents, and employees as the activities of the corporation may require;

(5) to adopt, amend, and alter a constitution and bylaws; not inconsistent with the laws of the United States or of any State in which the corporation is to operate, for the management of its property and the regulation of its affairs;

(6) to contract and be contracted with;

(7) to take by lease, gift, purchase, grant, devise, or bequest from any public body or agency or any private corporation, association, partnership, firm, or individual and to hold absolutely or in trust for any of the purposes of the corporation any property, real, personal, or mixed, necessary or convenient for attaining the objects and carrying into effect the purposes of the corporation, subject, however, to applicable provisions of law of any State (A) governing the amount or kind of property which may be held by, or (B) otherwise limiting or controlling the ownership of property by, a corporation operating in such State;

(8) to transfer, convey, lease, sublease, encumber and otherwise alienate real, personal, or mixed property;

(9) to borrow money for the purposes of the corporation, issue bonds therefor, and secure the same by mortgage, deed of trust, pledge or otherwise, subject in every case to all applicable provisions of Federal and State laws; and

(10) to do any and all acts and things necessary and proper to carry out the objects and purposes of the corporation.

Pub. L. 86–47, §4, June 17, 1959, 73 Stat. 77.

§78d · Membership; voting rights

(a) Eligibility for membership in the corporation and the rights, privileges, and designation of classes of membership shall, except as provided in this chapter, be determined as the constitution and bylaws of the corporation may provide. Eligibility for membership in the corporation shall be limited to female blood relatives of persons who served between April 12, 1861, and April 9, 1865, as soldiers or sailors of the United States Army, Navy, Marine Corps, or Revenue-Cutter Service, and of such State regiments as were called into active service and were subject to orders of United States general officers between the dates above mentioned and were honorably discharged therefrom at the close of such service or who died in such service.

(b) Each member of the corporation shall have the right to one vote in each matter submitted to a vote at all meetings of the members of the corporation.

Pub. L. 86–47, §5, June 17, 1959, 73 Stat. 78.

§78e · Governing body; composition; meetings

The supreme governing authority of the corporation shall be the national convention thereof, composed of such officers and elected representatives from the several States and other local subdivisions of the corporate organization as shall be provided by the constitution and bylaws: Provided, That the form of the government of the corporation shall always be representative of the membership at large and shall not permit the concentration of control thereof in the hands of a limited number of members or in a self-perpetuating group not so representative. The meetings of the national convention may be held in any State or Territory or in the District of Columbia.

Pub. L. 86–47, §6, June 17, 1959, 73 Stat. 78.

§78f · Officers of corporation; selection; tenure; duties

The officers of the corporation shall be selected in such manner and for such terms and with such duties and titles as may be prescribed in the constitution and bylaws of the corporation.

Pub. L. 86–47, §7, June 17, 1959, 73 Stat. 78.

§78g · Principal office; territorial scope of activities; agent for service of process

(a) The principal office of the corporation shall be located in Washington, District of Columbia, or in such other place as may later be determined by the corporation, but the activities of the corporation shall not be confined to that place and may be conducted throughout the various States, Territories, and possessions of the United States.

(b) The corporation shall have in the District of Columbia at all times a designated agent authorized to accept service of process for the corporation; and notice to or service upon such agent, or mailed to the business address of such agent, shall be deemed notice to or service upon the corporation.

Pub. L. 86–47, §8, June 17, 1959, 73 Stat. 78.

§78h · Distribution of income or assets to members; loans

(a) No part of the income or assets of the corporation shall inure to any of its members or officers as such, or be distributable to any of them during the life of the corporation or upon its dissolution or final liquidation. Nothing in this subsection, however, shall be construed to prevent the payment of compensation to officers of the corporation or reimbursement for actual necessary expenses in amounts approved by the council of administration of the corporation.

(b) The corporation shall not make loans to its officers or employees. Any member of the council of administration who votes for or assents to the making of a loan or advance to an officer or employee of the corporation, and any officer who participates in the making of such loan or advance, shall be jointly and severally liable to the corporation for the amount of such loan until the repayment thereof.

Pub. L. 86–47, §9, June 17, 1959, 73 Stat. 78.

§78i · Nonpolitical nature of corporation

The corporation and its officers and agents as such shall not contribute to any political party or candidate for public office.

Pub. L. 86–47, §10, June 17, 1959, 73 Stat. 79.

§78j · Liability for acts of officers and agents

The corporation shall be liable for the acts of its officers and agents when acting within the scope of their authority.

Pub. L. 86–47, §11, June 17, 1959, 73 Stat. 79.

§78k · Prohibition against issuance of stock or payment of dividends

The corporation shall have no power to issue any shares of stock or to declare or pay any dividends.

Pub. L. 86–47, §12, June 17, 1959, 73 Stat. 79.

§78l · Books and records; inspection

The corporation shall keep correct and complete books and records of account and shall keep minutes of the proceedings of its national conventions and council of administration. All books and records of the corporation may be inspected by any member, or his agent or attorney, for any proper purposes, at any reasonable time.

Pub. L. 86–47, §13, June 17, 1959, 73 Stat. 79.

§78m · Repealed. Pub. L. 88–504, §4(7), Aug. 30, 1964, 78 Stat. 636

§78n · Annual report

On or before March 1 of each year the corporation shall report to the Congress on its activities during the preceding fiscal year. Such report may consist of a report on the proceedings of the national convention covering such fiscal year. Such report shall not be printed as a public document.

Pub. L. 86–47, §15, June 17, 1959, 73 Stat. 79.

§78o · Exclusive right to name, emblems, seals, and badges

The corporation and its subordinate divisions shall have the sole and exclusive right to use the name, “Ladies of the Grand Army of the Republic”. The corporation shall have the exclusive and sole right to use, or to allow or refuse the use of, such emblems, seals, and badges as have heretofore been used by the Ladies of the Grand Army of the Republic.

Pub. L. 86–47, §16, June 17, 1959, 73 Stat. 79.

§78p · Use of assets on dissolution or liquidation

Upon dissolution or final liquidation of the corporation, after discharge or satisfaction of all outstanding obligations and liabilities, the remaining assets, if any, of the corporation shall be distributed in accordance with the determination of the council of administration and in compliance with the constitution and bylaws of the corporation and all Federal and State laws applicable thereto.

Pub. L. 86–47, §17, June 17, 1959, 73 Stat. 80.

§78q · Reservation of right to amend or repeal chapter

The right to alter, amend, or repeal this chapter is expressly reserved.

Pub. L. 86–47, §18, June 17, 1959, 73 Stat. 80.

Chapter 6. United States Blind Veterans of World War I

§81 · Corporation created

The following persons, to wit: James P. Funk, of Pennsylvania; Bernard Corcoran, of New York; James Kozeluh, of Arkansas; Earl Booher, of Kansas; Carl Bronner, of Michigan; Samuel Hendrickson, of Cincinnati; Harvey E. Gilbert, of Illinois; Quiller Cole, of Georgia; Lawrence A. Bunce, of Colorado; Ludwig Guminish, of New York; Richard H. Miller, junior, of Maryland; Charles R. Fear, of Pennsylvania; Oscar M. Simpkins, of Oklahoma; Everett L. Radford, of Texas; Thomas H. Huskey, of Missouri; Lee M. Brame, of Alabama; Frank O. Berg, of Wisconsin; Henry G. Beggs, of Georgia; Lawrence V. Morrow, of Missouri; Charles R. Leguerrir, of Missouri; Walter Taylor, of Missouri; Laigear Antee, of Louisiana; Alois F. Greene, of Illinois; Loyal M. Holmes, of Maryland; Newton A. Kulp, of Pennsylvania; Roswell D. Pitman, of New York; Connie L. McLean, of Texas; Hamilton C. Miles, of Ohio; John J. Austin, of South Dakota; Irvine E. Barnes, of Missouri; Bertie W. Randall, of Missouri; Max N. Kujawski, of Indiana; Charles Freeland, of Illinois; James M. Daniels, of Tennessee; William E. Yates, of Texas; Mike Kereli, of Ohio; Peter Lionudakes, of Utah; Vaclav T. Jesek, of Texas; Samuel Hillman, of Ohio; Herbert S. Journeau, of Michigan; Charles F. Ross, of New York; Morgan Rose, of New York; Walter F. Develing, of Illinois; Rudolph E. Frye, of Maryland; Steve D. Tanner, of Montana; Joseph Hulin, of North Carolina; Blaine G. Yeoman, of Oklahoma; Thomas Williams, of West Virginia; William J. Murray, of New York; Ivan E. Bushong, of Washington; Raymond Washburn, of Ohio; William P. Alexander, of Kentucky; Burl Glover, of Ohio; John H. Williams, of Washington; Joseph L. Herver, of Oklahoma; Daniel Carbone, of Pennsylvania; John J. Varga, of Connecticut; John J. Rapp, of Pennsylvania; Charles S. Bennett, of Arkansas; Richard Knigge, of Idaho; Walter Mau, of New York; Domenico Capuczi, of New York; John Kosic, of Massachusetts; Raymond S. Day, of Pennsylvania; Harry Herring, of Pennsylvania; Samuel Singer, of Massachusetts; George Graves, of Missouri; Abe Kittay, of New York; John Halahan, of Pennsylvania; Frank J. Lhota, of Pennsylvania; Edward J. Paulson, of Pennsylvania; Ellis De Witt, of the District of Columbia; Bernard Cady, of Maryland; John Marzullo, of Illinois; Joe Brew, of Pennsylvania; Lloyd Pierson, of Nebraska; Philip N. Harrison, of Pennsylvania, and their successors, are created and declared to be a body corporate of the District of Columbia. The name of this corporation shall be “The United States Blind Veterans of the World War.”

June 7, 1924, ch. 296, §1, 43 Stat. 535.

§82 · Completion of organization

The said persons named in section 81 of this title are hereby authorized to meet to complete the organization of said corporation by the selection of officers, the adoption of a constitution and by-laws, and and 

June 7, 1924, ch. 296, §2, 43 Stat. 535.

§83 · Purposes of corporation

The purposes of the corporation are to bind together for their mutual fellowship and assistance those citizens of the United States of America who have served their country in war, and who bear as a mark of such service the loss of their sight and to perpetuate and keep alive the memories of their comradeship and to enable them by their organization to render what aid they can to the blind in general.

June 7, 1924, ch. 296, §3, 43 Stat. 535.

§84 · Powers of corporation

The corporation created by this chapter shall have the following powers: To have perpetual succession with power to sue and be sued in courts of law and equity; to receive, hold, own, use, and dispose of such real estate and personal property as shall be necessary for its corporate purposes; to adopt a corporate seal and alter the same at pleasure; to adopt a constitution, bylaws, and regulations to carry out its purposes, not inconsistent with the laws of the United States or of any State; to use in carrying out the purposes of the corporation such emblems and badges as it may adopt; to establish and maintain offices for the conduct of its business; to establish State and Territorial organizations and local chapter or post organizations; to publish a magazine or other publications, and generally do any and all such acts and things as may be necessary and proper in carrying into effect the purposes of the corporation.

June 7, 1924, ch. 296, §4, 43 Stat. 536.

§85 · Membership

Any honorably discharged American veteran of the allied forces who participated in the World War and whose vision has become defective to such an extent that he is eligible for training under Supervisor for the Blind of the Veterans’ Administration, and any ex-service man who is eligible for such training shall be eligible for “active membership” in the United States Blind Veterans of the World War. The members of this corporation shall have the power to admit such other persons to “honorary” membership as they may see fit.

June 7, 1924, ch. 296, §5, 43 Stat. 536; July 3, 1930, ch. 863, §1, 46 Stat. 1016.

§86 · Nonpolitical nature of corporation

This organization shall be nonpolitical and shall not be used for the dissemination of partisan principles.

June 7, 1924, ch. 296, §6, 43 Stat. 536.

§87 · Exclusive right to name

The corporation and its State and local subdivisions shall have the sole and exclusive right to have and to use in carrying out its purposes the name “The United States Blind Veterans of the World War.”

June 7, 1924, ch. 296, §7, 43 Stat. 536.

§88 · Reservation of right to amend or repeal chapter

The right to repeal, alter, or amend this chapter at any time is expressly reserved.

June 7, 1924, ch. 296, §8, 43 Stat. 536.

Chapter 6a. Disabled American Veterans

§90a · Corporation created

The following persons, to wit, Robert S. Marx, of Ohio; William J. Donovan, of New York; H. G. Lightner, of Kentucky; A. B. Powell, of Alabama; Glenn E. Miner, of Arizona; George H. H. Pratt, of Arkansas; Volney P. Mooney, junior, of California; A. E. Sherlock, of Colorado; Peter Nugent, of Connecticut; Miles H. Draper, of Florida; William E. Tate, of Georgia; Jesse J. McQueen, of Idaho; Herman H. Weimer, of Illinois; S. G. Smelser, of Indiana; Henry J. Bitters, of Iowa; E. C. Moore, of Kansas; L. C. Mayeux, of Louisiana; F. J. McCarthy, of Maine; George W. Golden, of Maryland; J. W. McQueen, of Missouri; Leon C. Waite, of Massachusetts; L. E. Sharp, of Michigan; George E. Leach, of Minnesota; Quintus E. Camp, of Mississippi; John W. Mahan, of Montana; Leonard D. Densmore, of Nebraska; I. A. Lougaris, of Nevada; E. P. Badger, of New Hampshire; W. J. Dodd, of New Jersey; Carl F. Whittaker, of New Mexico; Malcolm Smith, of North Carolina; H. J. Muehlenbein, of North Dakota; Fletcher Riley, of Oklahoma; Lile Dailey, of Oregon; J. J. O'Leary, of Pennsylvania; Arthur Cole, of Rhode Island; G. G. Blackman, of South Carolina; Albert Haugse, of South Dakota; Reuben D. Hays, of Tennessee; M. A. Harlan, of Texas; Gaylen S. Young, of Utah; Malvern S. Ellis, of Vermont; George D. Simmons, of Virginia; Miles Price, of Washington; W. J. O'Neil, of West Virginia; Reverend G. Stearns, of Wisconsin; and such persons as may be chosen who are members of the Disabled American Veterans of the World War, and their successors, are created and declared to be a body corporate. The name of this corporation shall be the “Disabled American Veterans.”

June 17, 1932, ch. 268, §1, 47 Stat. 320; July 15, 1942, ch. 505, §1, 56 Stat. 659.

§90b · Completion of organization

The said persons named in section 90a of this title, and such other persons as may be selected from among the membership of the Disabled American Veterans of the World War, an unincorporated patriotic society of the wounded and disabled soldiers, sailors, and marines of the Great War of 1917–1918, are hereby authorized to meet to complete the organization of said corporation by the selection of officers, the adoption of a constitution and by-laws, and to do all other things necessary to carry into effect the provisions of this chapter, at which meeting any person duly accredited as a delegate from any local or State organizations of the existing unincorporated organization known as the Disabled American Veterans of the World War shall be permitted to participate in the proceedings thereof.

June 17, 1932, ch. 268, §2, 47 Stat. 320.

§90c · Purposes of corporation

The purposes of this corporation shall be—

To uphold and maintain the Constitution and the laws of the United States, to realize the true American ideals and aims for which those eligible to membership fought; to advance the interests and work for the betterment of all wounded, injured, and disabled American veterans; to cooperate with the Department of Veterans Affairs and all other public and private agencies devoted to the cause of improving and advancing the condition, health, and interests of all wounded, injured, and disabled veterans; to stimulate a feeling of mutual devotion, helpfulness, and comradeship among all wounded, injured, and disabled veterans; to serve our comrades, our communities, and our country; and to encourage in all people that spirit of understanding which will guard against future wars.

June 17, 1932, ch. 268, §3, 47 Stat. 320; July 15, 1942, ch. 505, §2, 56 Stat. 660; June 13, 1991, Pub. L. 102–54, §13(n)(2), 105 Stat. 278.

§90d · Powers of corporation

The corporation created by this chapter shall have the following powers: To have perpetual succession with power to sue and be sued in courts of law and equity; to receive, hold, own, use, and dispose of such real estate and personal property as shall be necessary for its corporate purposes; to adopt a corporate seal and alter the same at pleasure; to adopt a constitution, bylaws, and regulations to carry out its purposes, not inconsistent with the laws of the United States or any State; to use in carrying out the purposes of the corporation such emblems and badges as it may adopt; to establish and maintain offices for the conduct of its business; to establish State and Territorial organizations and local chapter or post organizations; to publish a newspaper or other publications devoted to the purposes of the corporation; and generally to do any and all such acts and things as may be necessary and proper in carrying into effect the purposes of the corporation.

June 17, 1932, ch. 268, §4, 47 Stat. 321.

§90e · Membership

Any man or woman who was wounded, gassed, injured, or disabled in line of duty during time of war while in the service of either the military or naval forces of the United States of America, and who has been honorably discharged or separated from such service, or who may still be in active service in the armed forces of the United States, is eligible for membership in the Disabled American Veterans. Others who were disabled while serving with any of the armed forces of any nations associated with the United States as allies during any of its war periods, who are American citizens and who were honorably discharged, are also eligible. The Disabled American Veterans shall not have honorary members.

June 17, 1932, ch. 268, §5, 47 Stat. 321; July 15, 1942, ch. 505, §3, 56 Stat. 660.

§90f · Nonpolitical nature of corporation

The organization shall be nonpolitical and nonsectarian, and as an organization shall not promote the candidacy of any person seeking public office.

June 17, 1932, ch. 268, §6, 47 Stat. 321; July 15, 1942, ch. 505, §4, 56 Stat. 660.

§90g · Acquisition of assets and liabilities of existing organization

Said corporation may acquire any or all of the assets of the existing unincorporated national organization known as the Disabled American Veterans of the World War upon discharging or satisfactorily providing for the payment and discharge of all its liabilities.

June 17, 1932, ch. 268, §7, 47 Stat. 321.

§90h · Exclusive right to name

Said corporation, and its State and local subdivisions, shall have the sole and exclusive right to have and to use in carrying out its purposes the name “Disabled American Veterans”.

June 17, 1932, ch. 268, §8, 47 Stat. 321; July 15, 1942, ch. 505, §5, 56 Stat. 660.

§90i · Annual report

The said corporation shall, on or before the 1st day of January in each year, make and transmit to the Congress a report of its proceedings for its preceding fiscal year.

June 17, 1932, ch. 268, §9, 47 Stat. 321; July 15, 1942, ch. 505, §6, 56 Stat. 660; Aug. 30, 1964, Pub. L. 88–504, §4(8), 78 Stat. 636; Dec. 18, 1967, Pub. L. 90–208, §1, 81 Stat. 655; May 21, 1984, Pub. L. 98–291, 98 Stat. 203.

§90j · Agents for service of process

As a condition precedent to the exercise of any power or privilege herein granted or conferred, the Disabled American Veterans shall file in the office of the secretary of each State, in which chapters thereof may be organized, the name and post-office address of an authorized agent in such State, upon whom legal process or demands against the Disabled American Veterans may be served.

June 17, 1932, ch. 268, §10, 47 Stat. 321; July 15, 1942, ch. 505, §7, 56 Stat. 660.

§90k · Reservation of right to amend or repeal chapter

The right to repeal, alter, or amend this chapter at any time is expressly reserved.

June 17, 1932, ch. 268, §11, 47 Stat. 322.

Chapter 7. American War Mothers

§91 · Corporation created

The following-named persons, namely: Alice M. French, founder, Indianapolis, Indiana; Mable C. Digney, State War Mother, White Plains, New York; Mrs. George Gordon Seibold, Washington, District of Columbia; Mary I. Huntington, State War Mother, Bloomington, Indiana; Edna C. Wilson, State War Mother, Warrensburg, Missouri; Libbie Thomas, State War Mother, Racine, Wisconsin; Virginia Heaen, State War Mother, Frankfort, Kentucky; A. Shanahan, State War Mother, Jersey City, New Jersey; Blanche A. Bellak, State War Mother, Philadelphia, Pennsylvania; Lydia Burby, State War Mother, Butte, Montana; Estelle T. Wilcox, State War Mother, Omaha, Nebraska; Emile Hendricks, State War Mother, Salem, Oregon; Grace R. Montgomery, State War Mother, Charlotte, North Carolina; Kate C. DeKay, State War Mother, Blackfoot, Idaho; Elizabeth Allen, State War Mother, Loveland, Colorado; Ida McCullough, State War Mother, Ottawa, Illinois; Rose S. Sargent, State War Mother, San Francisco, California; Jessie Monahan, State War Mother, Edmond, Oklahoma; Margaret N. McCluer, Kansas City, Missouri; Carrie R. Root, Gardner, Illinois; Mary E. Spence, Milwaukee, Wisconsin; Alice Bronson Oldham, Lexington, Kentucky; Florence A. Latham, Kansas City, Missouri; Mahala M. Boyd, New Castle, Indiana; Carrie White Avery, Washington, District of Columbia; H. C. Morrison, Shelbyville, Indiana; Jeanette Boone, Kansas City, Missouri; Gertrude R. Cary, Joliet, Illinois; Mrs. R. E. Little, Wadesboro, North Carolina; Mrs. Isabelle Clements, Sacramento, California; Mrs. Alice E. Evans, Pueblo, Colorado; Mrs. Mary Dawson, Idaho Falls, Idaho; Mrs. Jessie T. Lesh, Chicago, Illinois; Mrs. Harry C. Morrison, Shelbyville, Indiana; Mrs. Jessie E. Moody, Carterville, Missouri; Mrs. J. L. Roddy, North Platte, Nebraska; Mrs. Catherine H. Connelly, Newark, New Jersey; Mrs. Ella O'Gorman Stanton, Bronx, New York City, New York; Mrs. R. C. Warren, Gastonia, North Carolina; Mrs. Hattie V. Selkin, Oklahoma City, Oklahoma; Mrs. Ida Boxwell, Middletown, Ohio; Mrs. Charles S. Fohl, Harrisburg, Pennsylvania; Mrs. E. L. Phillip, Milwaukee, Wisconsin; Mrs. Julia A. Wilkinson, Portland, Maine; and their associates and successors duly chosen are incorporated and declared to be a body corporate of the District of Columbia by the name of American War Mothers, and by such name shall be known and have perpetual succession with the powers, limitations, and restrictions herein contained.

Feb. 24, 1925, ch. 303, §1, 43 Stat. 966.

§92 · Completion of organization

The persons named in section 91 of this title and such other persons as may be selected from among the membership of American War Mothers, an association of women whose sons and daughters served the allied cause in the great World War between the dates of April 6, 1917, and November 11, 1918, are hereby authorized to meet to complete the organization of said corporation by the selection of officers, the adoption of a constitution and by-laws, and to do all other things necessary to carry into effect the provisions of this chapter, at which meeting any person duly accredited as a delegate from any local or State organization of the existing organization known as American War Mothers shall be permitted to participate in the proceedings thereof.

Feb. 24, 1925, ch. 303, §2, 43 Stat. 967.

§93 · Object of corporation

The object of the corporation shall be to keep alive and develop the spirit that promoted world service; to maintain the ties of fellowship born of that service and to assist and further any patriotic work; to inculcate a sense of individual obligation to the community, State, and Nation; to work for the welfare of the Army and Navy; to assist in any way in their power men and women who served and were wounded or incapacitated in the World War; to foster and promote friendship and understanding between America and the Allies in the World War.

Feb. 24, 1925, ch. 303, §3, 43 Stat. 967.

§94 · Meetings

The corporation shall hold its meetings in such place as the incorporators or their successors shall determine.

Feb. 24, 1925, ch. 303, §4, 43 Stat. 967.

§95 · Powers of corporation

The corporation created by this chapter shall have the following powers: To have succession until the membership as hereinafter provided for shall become extinct, with power to sue and be sued in courts of law and equity; to receive, hold, own, use, and dispose of such real estate and personal property as shall be necessary for its corporate purposes; to adopt a corporate seal and alter the same at pleasure; to adopt a constitution, bylaws, and regulations to carry out its purposes, not inconsistent with the laws of the United States or of any State; to use in carrying out the purposes of the corporation such emblems and badges as it may adopt; to establish and maintain offices for the conduct of its business; to establish State, Territorial, and local subdivisions; to publish a magazine or other publications, and generally to do any and all such acts and things as may be necessary and proper to carry into effect the purposes of the corporation.

Feb. 24, 1925, ch. 303, §5, 43 Stat. 967.

§96 · Property; exemption from taxation

All of the personal property and funds of the corporation held or used for the purposes hereof, pursuant to the provisions of this chapter, whether of principal or income, shall, so long as the same shall be so used, be exempt from taxes by the United States or any Territory or District thereof. The corporation shall not accept, own, or hold directly or indirectly any property, real or personal, except such as may be reasonably necessary to carry out the purposes of its creation as defined in this chapter.

Feb. 24, 1925, ch. 303, §6, 43 Stat. 967.

§97 · Membership

The membership of American War Mothers is limited to women, and no woman shall be and become a member of this corporation unless she is a citizen of the United States and unless her son or sons or daughter or daughters of her blood, her legally adopted son or sons or legally adopted daughter or daughters, or her stepson or stepsons or stepdaughter or stepdaughters served in the Armed Forces of the United States or of its allies in World War I, World War II, the Korean conflict, or any subsequent war or conflict involving the United States, having an honorable discharge from such service, or being still in the service.

Feb. 24, 1925, ch. 303, §7, 43 Stat. 968; Sept. 26, 1942, ch. 563, 56 Stat. 758; June 26, 1953, ch. 152, 67 Stat. 81; Apr. 12, 1974, Pub. L. 93–267, 88 Stat. 85.

§98 · Nonpolitical nature of corporation

This organization shall be nonpolitical, nonsectarian, nonpartisan, and nonprofit, and as an organization shall not promote the candidacy of any person seeking public office.

Feb. 24, 1925, ch. 303, §8, 43 Stat. 968; June 26, 1953, ch. 152, 67 Stat. 81.

§99 · Acquisition of assets and liabilities of existing organization

Said corporation may acquire any or all of the assets of the existing organization known as American War Mothers upon discharging or satisfactorily providing for the payment and discharge of all its liabilities.

Feb. 24, 1925, ch. 303, §9, 43 Stat. 968.

§100 · Exclusive right to name

The corporation and its State, Territorial, and local subdivisions shall have the sole and exclusive right to have and to use in carrying out its business purposes the name of American War Mothers.

Feb. 24, 1925, ch. 303, §10, 43 Stat. 968.

§101 · Reports to Congress

The corporation shall, on or before the 1st day of January in each year, make and transmit to the Congress a report of its proceedings for the preceding calendar year: Provided, however, That said report shall not be printed as a public document.

Feb. 24, 1925, ch. 303, §11, 43 Stat. 968; Aug. 30, 1964, Pub. L. 88–504, §4(9), 78 Stat. 636.

§102 · Agents for service of process

As a condition precedent to the exercise of any power or privilege herein granted or conferred the corporation shall file in the office of the secretary of each State the name and post-office address of an authorized agent in such State upon whom local process or demands against American War Mothers may be served.

Feb. 24, 1925, ch. 303, §12, 43 Stat. 968.

§103 · Charter

This charter shall take effect upon its being accepted by a majority vote of the incorporators named herein who shall be present at the first meeting of the corporation, due notice of which meeting shall be given to each of the incorporators named herein, and a notice of such acceptance shall be given by said corporation, causing a certificate to that effect, signed by its president and secretary, to be filed in the office of the recorder of deeds of the District of Columbia.

Feb. 24, 1925, ch. 303, §13, 43 Stat. 968.

§104 · Reservation of right to amend or repeal chapter

Congress may from time to time alter, repeal, or modify this chapter of incorporation, but no contract or individual right made or acquired shall be divested or impaired.

Feb. 24, 1925, ch. 303, §14, 43 Stat. 968.

§105 · Initial officers

The management and direction of the affairs of the corporation and the controlling and disposing of its property and funds shall be vested in the persons duly elected at the last annual convention held in Kansas City, Missouri, who shall be the officers of the American War Mothers for the year beginning October, 1923, to serve until the next annual convention to be held at Philadelphia, Pennsylvania, on October 8, 1925, or until their successors are duly appointed, and who are the following:

Margaret N. McCluer, National War Mother, Kansas City, Missouri; Carrie L. Root, first vice National War Mother, Gardner, Illinois; Blanche A. Bellak, second vice National War Mother, Philadelphia, Pennsylvania; Mary E. Spence, third vice National War Mother, Milwaukee, Wisconsin; Rose S. Sargent, fourth vice National War Mother, San Francisco, California; Alice Bronson Oldham, national recording secretary, Lexington, Kentucky; Florence A. Latham, national corresponding secretary, Kansas City, Missouri; Mahala M. Boyd, national treasurer, Newcastle, Indiana; Kate C. De Kay, national historian, Blackfoot, Idaho; Carrie White Avery, national custodian of records, Washington, District of Columbia; Estelle T. Wilcox, national auditor, Omaha, Nebraska.

Feb. 24, 1925, ch. 303, §15, 43 Stat. 968.

Chapter 7a. Veterans of Foreign Wars of the United States

§111 · Corporation created

The following persons, to wit: James E. Van Zandt, Altoona, Pennsylvania; Bernard K. Kearney, Gloversville, New York; Scott P. Squyres, Oklahoma City, Oklahoma; Robert B. Handy, Junior, Kansas City, Missouri; Henry F. Marquard, Chicago, Illinois; William E. Guthner, Denver, Colorado; Edward J. Neron, Sacramento, California; Joseph C. Menendez, New Orleans, Louisiana; Paul L. Foulk, Altoona, Pennsylvania; Robert E. Kernodle, Kansas City, Missouri; Walter I. Joyce, New York City, New York; George A. Ilg, Cranston, Rhode Island; James F. Daley, Hartford, Connecticut; Charles R. Haley, Pittsburgh, Pennsylvania; F. C. Devericks, Clarksburg, West Virginia; John J. Skillman, Miami, Florida; Ellie H. Schill, New Orleans, Louisiana; Gerald C. Mathias, Lagrange, Indiana; James W. Starner, Effingham, Illinois; Leon S. Pickens, Wichita, Kansas; Archie W. Nimens, Minneapolis, Minnesota; Harvey W. Snyder, Denver, Colorado; Charles O. Carlston, San Francisco, California; Walter L. Daniels, Seattle, Washington; John E. Swaim, Tulsa, Oklahoma; Peter J. Rosch, Washington, District of Columbia; and their successors, who are, or who may become, members of the Veterans of Foreign Wars of the United States, a national association of men who as soldiers, sailors, marines and airmen have served this Nation in wars, campaigns, and expeditions on foreign soil or in hostile waters, and such national association, are created and declared a body corporate, known as the Veterans of Foreign Wars of the United States.

May 28, 1936, ch. 471, §1, 49 Stat. 1390; May 29, 1953, ch. 85, §1, 67 Stat. 40.

§112 · Completion of organization

The said persons named in section 111 of this title, or their successors, and such other persons as are duly accredited delegates from any local post or State department of the existing national association known as the Veterans of Foreign Wars of the United States, under its constitution and bylaws, are hereby authorized to meet and to complete the organization of said corporation, by the adoption of a constitution and bylaws, the election of officers, and to do all other things necessary to carry into effect and incidental to, the provisions of this chapter.

May 28, 1936, ch. 471, §2, 49 Stat. 1390.

§113 · Purposes of corporation

The purposes of this corporation shall be fraternal, patriotic, historical, and educational; to preserve and strengthen comradeship among its members; to assist worthy comrades; to perpetuate the memory and history of our dead, and to assist their widows and orphans; to maintain true allegiance to the Government of the United States of America, and fidelity to its Constitution and laws; to foster true patriotism; to maintain and extend the institutions of American freedom; and to preserve and defend the United States from all her enemies, whomsoever.

May 28, 1936, ch. 471, §3, 49 Stat. 1391.

§114 · Powers of corporation

The corporation created by this chapter shall have the following powers: To have perpetual succession with power to sue and be sued in courts of law and equity; to receive, hold, own, use, and dispose of such real estate, personal property, money, contract, rights, and privileges as shall be deemed necessary and incidental for its corporate purposes; to adopt a corporate seal and alter the same at pleasure; to adopt, amend, apply, and administer a constitution, bylaws, and regulations to carry out its purposes, not inconsistent with the laws of the United States or of any State; to adopt, and have the exclusive right to manufacture and use such emblems and badges as may be deemed necessary in the fulfillment of the purposes of the corporation; to establish and maintain offices for the conduct of its business; to establish, regulate, or discontinue subordinate State and Territorial subdivisions and local chapters or posts; to publish a magazine or other publications, and generally to do any and all such acts and things as may be necessary and proper in carrying into effect the purposes of the corporation.

May 28, 1936, ch. 471, §4, 49 Stat. 1391.

§115 · Membership

A person may not be a member of the corporation created by this chapter unless that person—

(1) served honorably as a member of the Armed Forces of the United States in a foreign war, insurrection, or expedition, which service has been recognized as campaign-medal service and is governed by the authorization of the award of a campaign badge by the Government of the United States; or

(2) while a member of the Armed Forces of the United States, served honorably on the Korean peninsula or in its territorial waters for not less than 30 consecutive days, or a total of 60 days, after June 30, 1949.

May 28, 1936, ch. 471, §5, 49 Stat. 1391; May 29, 1953, ch. 85, §2, 67 Stat. 40; Mar. 7, 1995, Pub. L. 104–3, 109 Stat. 47.

§116 · Acquisition of assets and liabilities of existing association

Said corporation may and shall acquire all of the assets of the existing national association known as the Veterans of Foreign Wars of the United States upon discharging or satisfactorily providing for the payment discharge 

May 28, 1936, ch. 471, §6, 49 Stat. 1391.

§117 · Exclusive right to name, seal, emblems, and badges

The said corporation shall have the sole and exclusive right to have and to use, in carrying out its purposes, the name “Veterans of Foreign Wars of the United States” and the sole and exclusive right to the use of its corporate seal, emblems, and badges as adopted by said corporation.

May 28, 1936, ch. 471, §7, 49 Stat. 1391.

§118 · Annual report

Said corporation shall, on or before the 1st day of January in each year, make and transmit to the Congress a report of its proceedings for the preceding fiscal year: Provided, however, That said report shall not be printed as a public document.

May 28, 1936, ch. 471, §8, 49 Stat. 1391; Aug. 30, 1964, Pub. L. 88–504, §4(10), 78 Stat. 637.

§119 · Agents for service of process

As a condition precedent to the exercise of any power or privilege herein granted or conferred, the Veterans of Foreign Wars of the United States shall file in the office of the Secretary of State of each State the name and post-office address of an authorized agent in such State upon whom legal process or demands against the Veterans of Foreign Wars of the United States may be served.

May 28, 1936, ch. 471, §9, 49 Stat. 1391.

§120 · Reservation of right to amend or repeal chapter

The right to repeal, alter, or amend this chapter at any time is expressly reserved.

May 28, 1936, ch. 471, §10, 49 Stat. 1391.

Chapter 8. American Battle Monuments Commission

§121 · American Battle Monuments Commission; appointment; secretary; terms of office; vacancies; expenses; designation and employment of personnel

The Commission, known as the American Battle Monuments Commission (referred to in sections 121, 122b to 125, 127, 128, 131, 132, and 138 to 138b of this title as the Commission), shall consist of not more than eleven members who shall be appointed by the President, who shall also appoint one officer of the Regular Army to serve as its secretary. The members and secretary shall serve at the pleasure of the President who shall fill any vacancies that from time to time occur. Notwithstanding any other provision of law, members of the armed forces of the United States may be appointed members of the Commission.

The members of the Commission shall serve as such without compensation, except that (1) their actual expenses in connection with the work of the Commission, (2) when in a travel status outside the continental United States, a per diem at the same rate prescribed for members of the uniformed services under section 405 of Title 37, in lieu of subsistence, and (3) when in a travel status within the continental United States, a per diem at the same rate authorized to be paid under sections 5702 and 5703 of Title 5, in lieu of subsistence, may be paid to such members from any funds appropriated for the purposes of sections 121, 122b to 125, 127, 128, 131, 132, and 138 to 138b of this title, or acquired by other means hereinafter authorized.

Upon the request of the Commission, the heads of the Federal departments or agencies are authorized to designate such personnel, and to make available to the Commission such facilities, of their respective departments or agencies, or of the Army, Navy, Air Force, or Marine Corps, as the case may be, as may be necessary to assist in carrying out the purposes of sections 121, 122b to 125, 127, 128, 131, 132, and 138 to 138b of this title, and may expend for such purposes any funds appropriated to such departments, agencies, and services, with reimbursement from the Commission for the pay and allowances of the personnel so designated. The Commission is authorized to employ such further personnel as may be necessary to carry out the purposes of such sections, within the limits of any appropriation or appropriations made for such purposes. To ensure adequate care and maintenance of the cemeteries, monuments, and memorials under the jurisdiction of the Commission, the Commission, subject to the availability of appropriations, shall employ (1) not less than 50 personnel in the competitive service (as defined in section 2102 of title 5, of whom not less than 43 shall be assigned to duty in foreign countries in which such cemeteries, monuments, and memorials are located, and (2) not less than 348 individuals who are citizens of the countries in which such cemeteries, monuments, and memorials are located, who shall be hired for local employment relating to the care and maintenance of such cemeteries, monuments, and memorials. No individual may be employed as the superintendent, or as an assistant superintendent, of a cemetery operated by the Commission unless such individual is a citizen of the United States.

The provisions of this subsection shall take effect on the first day of the first calendar month following the date of enactment of this Act.

Mar. 4, 1923, ch. 283, §1, 42 Stat. 1509; June 26, 1946, ch. 502, 60 Stat. 317; July 25, 1956, ch. 721, §1, 70 Stat. 640; Oct. 21, 1970, Pub. L. 91–480, 84 Stat. 1081; Apr. 1, 1976, Pub. L. 94–256, 90 Stat. 301; Oct. 18, 1978, Pub. L. 95–479, title III, §306, 92 Stat. 1566; Oct. 7, 1980, Pub. L. 96–385, title V, §506, 94 Stat. 1537; Dec. 18, 1989, Pub. L. 101–237, title V, §503, 103 Stat. 2094.

§121a · Omitted

§121b · Station allowance for Army officers serving on Commission

Where station allowance has been authorized by the Department of the Army for officers of the Army serving the Army at certain foreign stations, the same allowance shall be authorized for officers of the Armed Forces assigned to the Commission while serving at the same foreign stations.

Oct. 27, 1997, Pub. L. 105–65, title III, 111 Stat. 1368.

§122 · Expenses of officers of Armed Forces serving on Commission

When traveling on business of the Commission, officers of the Armed Forces serving as members or as Secretary of the Commission may be reimbursed for expenses as provided for civilian members of the Commission.

Oct. 27, 1997, Pub. L. 105–65, title III, 111 Stat. 1368.

§122a · Reimbursement of agencies for salary, pay, and allowances of assigned personnel

The Commission shall reimburse other Government agencies, including the Armed Forces, for salary, pay, and allowances of personnel assigned to it.

Oct. 27, 1997, Pub. L. 105–65, title III, 111 Stat. 1368.

§122b · Military cemeteries in foreign countries; determination as permanent cemeteries; selection of new sites; design and construction; maintenance; construction by Armed Forces; burials and reburials; re-entry

When, as a result of combat operations, the Armed Forces shall establish military cemeteries in zones of operations outside the United States and its Territories and possessions, the Commission and the Secretary of the Army immediately upon the cessation of hostilities, shall determine which of the cemeteries so established, if any, shall become permanent cemeteries or, as they may deem desirable, select new sites at any other location for such cemeteries. The Commission shall be solely responsible for the design and construction of such permanent cemeteries, and of all buildings, plantings, headstones, and other permanent improvements incidental thereto except that (1) the Armed Forces shall be responsible for the maintenance of such permanent cemeteries until such time as the Commission shall express its readiness to assume the functions of administration hereinafter authorized, (2) all construction undertaken by the Armed Forces in establishing and maintaining the cemetery prior to its transfer to the Commission shall be nonpermanent in nature, (3) burials and reburials therein by the Armed Forces shall be carried out in accordance with plans prepared by the Commission, (4) the Armed Forces shall have the right to re-enter any cemeteries transferred to the Commission for the purpose of making exhumations or reinterments should they deem any such action to be necessary.

Mar. 4, 1923, ch. 283, §2, as added July 25, 1956, ch. 721, §3(a), 70 Stat. 640.

§123 · Powers and duties as to memorials

The Commission shall prepare plans and estimates for the erection of suitable memorials to commemorate the services of the American Armed Forces, and shall erect and maintain memorials in the United States and at such places outside the United States where the American Armed Forces have served since April 6, 1917, or shall hereafter serve, as the Commission shall determine. The Commission shall also erect and maintain works of architecture and art in such American cemeteries located outside of the United States, its Territories, and possessions, as have been or may hereafter be declared to be permanent cemeteries. Works of architecture and art erected by the Commission in cemeteries within the United States, its Territories and possessions, shall be maintained by the Department of Defense.

The Commission shall control as to materials and design and provide regulations for, and supervise the erection of, all memorial monuments and buildings in American cemeteries located outside the United States, its Territories, and possessions.

The Commission shall control as to design and provide regulations for the erection of all memorial monuments and buildings commemorating the services of the American Armed Forces erected in any foreign country or political division thereof which may authorize the Commission to perform such functions.

Mar. 4, 1923, ch. 283, §3, formerly §2, 42 Stat. 1509; June 26, 1946, ch. 502, 60 Stat. 317; renumbered §3 and amended July 25, 1956, ch. 721, §§2(b), 3(b), 70 Stat. 640, 641.

§124 · Approval of designs for memorials

Before any design for any memorial is accepted by the Commission, it shall be approved by the National Commission of Fine Arts.

Mar. 4, 1923, ch. 283, §4, formerly §3, 42 Stat. 1510; June 26, 1946, ch. 502, 60 Stat. 317; renumbered §4 and amended July 25, 1956, ch. 721, §§2(b), 3(c), 70 Stat. 640, 641.

§125 · Erection of war memorials

(a) Cooperation with States, etc.

The Commission is authorized to cooperate with American citizens, States, municipalities, or associations desiring to erect war memorials outside the continental limits of the United States in such manner as may be determined by the Commission: Provided, That no assistance in erecting any such memorial shall be given by any administrative agency of the United States unless the plan has been approved in accordance with the provisions of sections 121, 122b to 125, 127, 128, 131, 132, and 138 to 138b of this title.

(b) Control, administration, and maintenance of war memorials by Commission

(1) The Commission is authorized, in its discretion, to assume responsibility for the control, administration, and maintenance of any war memorial erected before, on, or after the effective date of this subsection outside the United States by an American citizen, a State, a political subdivision of a State, any other non-Federal governmental agency, foreign agency, or private association to commemorate the services of any of the American Armed Forces in hostilities occurring since April 6, 1917, if (A) the memorial is not erected on the territory of the former enemy concerned, and (B) the sponsors of the memorial consent to the Commission assuming such responsibilities and transfer to the Commission all their right, title, and interest in the memorial. If reasonable effort fails to locate the sponsors of a memorial, the Commission may assume responsibility therefor under this subsection by agreement with the appropriate foreign authorities. A decision of the Commission to assume responsibility for any war memorial under this subsection is final.

(2)(A) Any funds accumulated by the sponsors for the maintenance and repair of a war memorial for which the Commission assumes responsibility under this subsection may be transferred to the Commission for use in carrying out the purpose of sections 121, 122b to 125, 127, 128, 131, 132, and 138 to 138b of this title. Any such funds so transferred shall be deposited by the Commission in the manner provided for in section 128 of this title.

(B) In assuming responsibility for a war memorial under paragraph (1), the Commission may enter into arrangements with the sponsors of the memorial to provide for the repair or long-term maintenance of the memorial. Any funds transferred to the Commission for the purpose of this subparagraph shall, in lieu of subparagraph (A), be deposited by the Commission in the fund established by paragraph (3).

(3)(A) There is established in the Treasury a fund which shall be available to the Commission for expenses for the maintenance and repair of memorials with respect to which the Commission enters into arrangements under paragraph (2)(B). The fund shall consist of (i) amounts deposited, and interest and proceeds credited, under subparagraph (B), and (ii) obligations obtained under subparagraph (C).

(B) The Commission shall deposit in the fund such amounts from private contributions as may be accepted under paragraph (2)(B). The Secretary of the Treasury shall credit to the fund the interest on, and the proceeds from sale or redemption of, obligations held in the fund.

(C) The Secretary of the Treasury shall invest any portion of the fund that, as determined by the Commission, is not required to meet current expenses. Each investment shall be made in an interest bearing obligation of the United States or an obligation guaranteed as to principal and interest by the United States that, as determined by the Commission, has a maturity suitable for the fund.

(D) The Commission shall separately account for all moneys deposited in and expended from the fund with respect to each war memorial for which an arrangement for the repair or long-term maintenance of the memorial is entered to under paragraph (2)(B).

(c) Demolition of war memorials erected on foreign soils and other functions of Commission

The Commission is authorized to take necessary measures to demolish any war memorial erected on foreign soil by an American citizen, a State, a political subdivision of a State, any other non-Federal governmental agency, foreign agency, or private association and to dispose of the site of such memorial in such manner as it deems proper, if—

(1) the appropriate foreign authorities agree to such demolition; and

(2) the sponsors of the memorial consent to such demolition; or

(3) the memorial has fallen into disrepair and a reasonable effort on the part of the Commission has failed—

(A) to persuade the sponsors to maintain the memorial at a standard acceptable to the Commission, or

(B) to locate the sponsors.

(d) “Sponsors” defined

As used in this section, the term “sponsors” includes the legal successors to the sponsor.

Mar. 4, 1923, ch. 283, §5, formerly §4, 42 Stat. 1510; June 26, 1946, ch. 502, 60 Stat. 318; renumbered §5, July 25, 1956, ch. 721, §2(b), 70 Stat. 640; Jan. 2, 1974, Pub. L. 93–244, 87 Stat. 1070; Oct. 9, 1996, Pub. L. 104–275, title VI, §602(a), 110 Stat. 3344.

§125a · Erection of works in National Memorial Cemetery of the Pacific

The Commission is authorized to erect such works of architecture and art in the National Memorial Cemetery of the Pacific as may be determined by the Commission with the consent of the Secretary of the Army.

June 24, 1954, ch. 359, title I, §101, 68 Stat. 275.

§125b · Pacific War Memorial and other historical and memorial sites on Corregidor in Republic of the Philippines

(a) Operation by ABMC

Subject to subsection (b) of this section and to the agreement referred to in such subsection, the American Battle Monuments Commission shall restore, operate, and maintain the Pacific War Memorial and other historical and memorial sites on Corregidor in the Republic of the Philippines.

(b) Condition

The Commission may carry out this section only after an agreement has been entered into between the Republic of the Philippines and the United States with respect to the restoration, operation, and maintenance of the Memorial and other historical and memorial sites referred to in subsection (a) of this section.

(c) Personnel

The Commission may employ personnel as may be necessary to carry out this section.

(d) Use of other agencies

Departments, agencies, and other instrumentalities of the United States are authorized to assist the Commission, on a reimbursable basis, in carrying out this section.

(e) Funding

The American Battle Monuments Commission shall carry out this section with private funds except to the extent funds are appropriated pursuant to subsection (h) of this section.

(f) Authority to solicit funds

For the purpose of carrying out this section, the Commission may solicit and accept private contributions and shall deposit such contributions in the fund established by subsection (g) of this section.

(g) Fund

(1) There is hereby established in the Treasury a fund which shall be available to the American Battle Monuments Commission only for carrying out this section. The fund shall consist of—

(A) amounts deposited into, and interest and proceeds credited to, the fund under paragraph (2); and

(B) obligations obtained under paragraph (3).

(2) The Chairman of the Commission shall deposit into the fund the amounts that are accepted under subsection (f) of this section. The Secretary of the Treasury shall credit to the fund the interest on, and the proceeds from sale or redemption of, obligations held in the fund.

(3) The Secretary of the Treasury shall invest any portion of the fund that, as determined by the Chairman of the Commission, is not required to meet current expenses. Each investment shall be made in an interest-bearing obligation of the United States or an obligation guaranteed as to principal and interest by the United States that, as determined by the Chairman of the Commission, has a maturity suitable for the fund.

(4) Amounts in the fund that are in excess of the costs of carrying out this section, as determined by the Chairman of the Commission, shall be deposited in the Treasury as miscellaneous receipts to reimburse the United States for funds appropriated pursuant to subsection (h) of this section.

(h) Authorization of funding

There are hereby authorized to be appropriated—

(1) $6,000,000 for site preparation, design, planning, construction, and associated administrative costs for the restoration of the Memorial and other historical and memorial sites referred to in subsection (a) of this section; and

(2) such sums as may be necessary for the operation and maintenance of such Memorial and other historical and memorial sites.

Pub. L. 100–687, div. B, title XVI, §1602, Nov. 18, 1988, 102 Stat. 4137.

§126 · Repealed. July 25, 1956, ch. 721, §2(a), 70 Stat. 640

§127 · Arrangements with foreign countries

The President is requested to

issue each year a proclamation—

(1) designating February as American Heart Month;

(2) inviting the chief executive officers of the States, territories, and possessions make the necessary arrangements with the proper authorities of the countries concerned to enable the Commission to carry out the purposes of sections 121, 122b to 125, 127, 128, 131, 132, and 138 to 138b of this title.

Mar. 4, 1923, ch. 283, §6, 42 Stat. 1510; June 26, 1946, ch. 502, 60 Stat. 318.

§128 · Funds received from States, municipalities, or private sources

The Commission is authorized to receive funds from any State, municipal, or private source for the purpose of sections 121, 122b to 125, 127, 128, 131, 132, and 138 to 138b of this title, and such funds shall be deposited by the Commission with the Treasurer

of the United States

to issue proclamations designating February as American Heart Month; and(3) urging the people and shall be kept by him in separate accounts and shall be disbursed upon vouchers approved by the Chairman of the Commission.

Mar. 4, 1923, ch. 283, §7, 42 Stat. 1510; June 26, 1946, ch. 502, 60 Stat. 318.

§§129, 130 · Repealed. July 25, 1956, ch. 721, §2(a), 70 Stat. 640

§131 · Statements to President

The Commission shall transmit to the President

of the United States

to recognize the nationwide problem of heart and blood vessel diseases and to support all essential programs required to solve the problem.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1254.

§102 · Asian/Pacific American Heritage Month

(a) Designation.—May is Asian/Pacific American Heritage Month.

(b) Proclamations.—The President is requested to issue each year a proclamation calling on the people annually on the 1st of October a statement of all its financial and other transactions during the preceding fiscal year.

Mar. 4, 1923, ch. 283, §8, formerly §10, 42 Stat. 1510; June 26, 1946, ch. 502, 60 Stat. 318; renumbered §8, July 25, 1956, ch. 721, §2(c), 70 Stat. 640; Apr. 21, 1976, Pub. L. 94–273, §3(19), 90 Stat. 377.

§132 · Transfer of administrative functions, supplies, materials and equipment to Commission; maintenance of cemeteries located in foreign countries

The President may by Executive order transfer to the Commission, with respect to any permanent military cemeteries located outside

of the United States, and the chief executive officers of each State of the United States, the District of Columbia, the Virgin Islands, Puerto Rico, Guam, American Samoa, the Northern Mariana Islands, the Marshall Islands, Micronesia, and Palau are requested to issue each year proclamations calling on the people of their respective jurisdictions, to observe Asian/Pacific American Heritage Month with appropriate programs, ceremonies, and activities.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1254.

§103 · Cancer Control Month

(a) General.—The President is requested—

(1) to issue each year a proclamation designating April as Cancer Control Month; and

(2) to invite each year the chief executive officers of the States, territories, and possessions of the United States to issue proclamations designating April as Cancer Control Month.

(b) Contents of Proclamations.—As part of those proclamations, the chief executive officers and President are requested to invite the medical profession, the press, and all agencies and individuals interested in a national program for the control of cancer by education and other cooperative means to unite during Cancer Control Month in a public dedication to the program and in a concerted effort to make the people of the United States aware of the need for the program.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1255.

§104 · Carl Garner Federal Lands Cleanup Day

(a) Designation.—The first Saturday after Labor Day is Carl Garner Federal Lands Cleanup Day.

(b) Proclamation.—The President shall issue a proclamation calling on the people of the United States to observe Carl Garner Federal Lands Cleanup Day with appropriate programs, ceremonies, and activities. However, activities may be undertaken in individual States on a day other than the first Saturday after Labor Day if a manager of Federal land decides that an alternative date is more appropriate because of climatological or other factors.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1255.

§105 · Child Health Day

its Territories and possessions, the same functions of administration which were transferred to the Commission by Executive Order 6614, dated February 26, 1934, and Executive Order 10057, dated May 14, 1949, as amended by Executive Order 10087, dated December 3, 1949, together with any supplies, materials and equipment located therein or in military depots overseas which are excess to the needs of the Department of Defense and are requested by the Commission for the performance of such functions. Thereafter the Commission shall be responsible for the maintenance of such cemetery and of all improvements therein.

Mar. 4, 1923, ch. 283, §10, formerly §12, 42 Stat. 1510; June 26, 1946, ch. 502, 60 Stat. 318; renumbered §10 and amended July 25, 1956, ch. 721, §§2(c), 4(b), 70 Stat. 640, 641.

§133 · Disbursing agent for disbursement of expenditures outside continental United States

On and after February 11, 1927, disbursements for expenditures outside of continental United States may be made by a special disbursing agent designated by the commission and under such regulations as it may prescribe.

Feb. 11, 1927, ch. 104, 44 Stat. 1071.

§§134, 135 · Omitted

§135a · Repealed. Oct. 10, 1940, ch. 851, §4, 54 Stat. 1111

§136 · Seal of Commission; judicial notice

The commission shall have a seal, which shall be judicially noticed.

Feb. 11, 1927, ch. 104, §1, 44 Stat. 1071.

§137 · Disposition of land in foreign countries

The commission may, under such terms and conditions and in such manner as the commission may in its discretion deem necessary and proper dispose of any land or interest in land in foreign countries which has been or may hereafter be acquired by the commission in connection with its work.

Feb. 11, 1927, ch. 104, §1, 44 Stat. 1071.

§138 · Records and archives

The records and archives of the Commission, shall, when no longer required by the Commission, be deposited with the National Archives in accordance with the provisions of section 2107 of title 44.

Mar. 4, 1923, ch. 283, §9, formerly §11, 42 Stat. 1510; June 26, 1946, ch. 502, 60 Stat. 318; renumbered §9 and amended July 25, 1956, ch. 721, §§2(c), 4(a), 70 Stat. 640, 641.

§138a · Appropriations

Such sum or sums as Congress may after June 26, 1946, appropriate for the purposes of sections 121, 122b to 125, 127, 128, 131, 132, and 138 to 138b of this title are authorized to be appropriated.

Mar. 4, 1923, ch. 283, §11, formerly §13, as added June 26, 1946, ch. 502, 60 Stat. 318; renumbered §11, July 25, 1956, ch. 721, §2(c), 70 Stat. 640.

§138b · Acquisition and disposition of land in foreign countries; operation of vehicles; establishment of offices; printing authority; contract power; effective date; delegation of authority; claims against Commission

Within the limits of any appropriation or appropriations made for the purposes of sections 121, 122b to 125, 127, 128, 131, 132, and 138 to 138b of this title, the Commission is authorized (1) to acquire land or interest in land in foreign countries for carrying out the purposes of said sections or of any Executive order conferring functions upon the Commission without submission to the Attorney General of the United States under the provisions of section 255 of title 40; (2) to maintain, repair, and operate motor-propelled passenger-carrying vehicles and other property, which may be furnished to the Commission by other departments of the Government; (3) to establish offices in the District of Columbia and elsewhere in or outside of the United States; (4) to rent office and garage space in foreign countries which may be paid for in advance; (5) to procure printing, binding, engraving, lithographing, photographing, and typewriting, including the publication of information concerning the American activities, battlefields, memorials, and cemeteries with respect to which it may exercise any functions.

Notwithstanding the requirements of existing laws or regulations, under such terms and conditions as the Commission may in its discretion deem necessary and proper, the Commission may contract for work, supplies, materials, and equipment outside or for use outside of the United States and engage, by contract or otherwise, the services of architects, firms of architects, and other technical and professional personnel.

The Commission may under such terms and conditions and in such manner as it may deem proper dispose of any land or interest in land in foreign countries which has been or may after June 26, 1946, be acquired by the Commission in connection with its work: Provided, That this subsection shall not be effective until the expiration of the Surplus Property Act of 1944.

Claims of the type described in section 2734 of title 10, on account of damage to or loss or destruction of property both real and personal, or personal injury or death of any person, arising on or after July 25, 1956 and caused by the negligent or wrongful act or omission of any officer or civilian employee of the Commission while acting within the scope of his office or employment, may be considered, ascertained, adjusted, determined, and paid in the manner provided in section 2734 of title 10 for the settlement of Army claims, except that in such cases one or more officers or employees of the Commission may be appointed by the Secretary of the Army to a claims commission or commissions or as officers to approve settlements of claims made by such commission or commissions, and all payments in settlement of such claims shall be made out of appropriations made for the purposes of sections 121, 122b to 125, 127, 128, 131, 132, and 138 to 138b of this title.

The Commission may delegate to its Chairman, secretary, or officials in charge of any of its offices, under such terms and conditions as it may prescribe, such of its authority as it may deem necessary and proper.

Mar. 4, 1923, ch. 283, §12, formerly §14, as added June 26, 1946, ch. 502, 60 Stat. 318; renumbered §12 and amended July 25, 1956, ch. 721, §§2(c), 4(c), 70 Stat. 640, 641.

§138c · American Battle Monuments Commission Foreign Currency Fluctuations Account

(a) Establishment; purpose; transfer of funds

There is hereby established in the Treasury an account to be known as the “Foreign Currency Fluctuations, American Battle Monuments Commission, Account”. The account shall be used to provide funds, in addition to funds appropriated for salaries and expenses of the American Battle Monuments Commission, to pay the costs of such salaries and expenses that exceed the amount appropriated therefor as a result of fluctuations in currency exchange rates of foreign countries occurring after a budget request for the Commission is submitted to Congress. The account may not be used for any other purpose. Funds in the account may be transferred to funds appropriated for salaries and expenses of the Commission.

(b) Merger and availability of transferred funds; increase in permissible obligations of funds

Funds transferred under subsection (a) of this section shall be merged with and available for the same time period as the appropriation to which they are applied. A provision of law limiting the amount of funds the Commission may obligate in any fiscal year shall be increased to the extent necessary to reflect fluctuations in exchange rates from those used in preparing the budget submission.

(c) Recording of obligations and fluctuations in exchange rates

An obligation of the Commission payable in the currency of a foreign country may be recorded as an obligation based upon exchange rates used in preparing a budget submission. A change reflecting fluctuations in exchange rates may be recorded as a disbursement is made.

(d) Return of transferred funds

Funds transferred from the Foreign Currency Fluctuations, American Battle Monuments Commission, Account may be transferred back to that account—

(1) if the funds are not needed to pay obligations incurred because of fluctuations in currency exchange rates of foreign countries in the appropriation to which the funds were originally transferred; or

(2) because of subsequent favorable fluctuations in the rates or because other funds are, or become, available to pay such obligations.

(e) Time of return

A transfer back to the account under subsection (d) of this section may not be made after the end of the second fiscal year after the fiscal year in which the appropriation to which the funds were originally transferred is available for obligation.

(f) Unobligated balances; merger and availability

Not later than the end of the second fiscal year following the fiscal year for which appropriations for salaries and expenses have been made available to the Commission, unobligated balances of such appropriation provided for a fiscal year may be transferred into the Foreign Currency Fluctuations, American Battle Monuments Commission, Account, to be merged with and available for the same period and purposes as that account.

(g) Annual report on transferred funds

The Commission shall submit to the appropriate committees of the Congress each year a report on funds transferred under this section.

Mar. 4, 1923, ch. 283, §13, as added May 20, 1988, Pub. L. 100–322, title III, §345(a), 102 Stat. 540.

§138d · Accounting procedures relating to receipt and expenditure of contributions

(a) Financial controls

The Commission shall have a system of financial controls to enable the Commission to comply with the requirements of subsection (b) of this section and section 125(b)(3)(D) of this title.

(b) Financial statements

The Commission shall—

(1) by March 1 of each year (beginning with 1998)—

(A) prepare a financial statement which covers all accounts and associated activities of the Commission for the preceding fiscal year and is consistent with the requirements of section 3515 of title 31; and

(B) submit the financial statement, together with a narrative summary, to the Committees on Veterans’ Affairs of the Senate and House of Representatives; and

(2) obtain an audit by the Comptroller General of the United States of each financial statement prepared under paragraph (1)(A), which shall be conducted in accordance with applicable generally accepted government auditing standards and shall be in lieu of any audit otherwise required by law.

(c) Restrictions on funds received before March 1, 1998

The Commission may not obligate, withdraw, or expend funds received as contributions before March 1, 1998.

Mar. 4, 1923, ch. 283, §14, as added Oct. 9, 1996, Pub. L. 104–275, title VI, §602(b), 110 Stat. 3345.

Chapter 8a. The National Yeomen F

§139 · Corporation created; purposes

Eva H. Clarke, Beatrice Brown Dwyer, and Mary J. O'Donnell, of Arizona;

Ruby Busse Anglim, Lottie Sessions Barrett, Philome Lucy Cavanagh, Stella Austen Clark, Pearl Bonham Clerk, Lillian Koeber Deamer, Harriet Jane Dodson, Alma Simmermacher Dreyer, Stella Neumann Elberson, Ola Belle Emmner, Edna Crumpler Estes, Mirian Mathews Everett, Katherine Driscoll Fallon, Kathleen Vance Hatch, Eva Wilson Hay, Ellen Keefe Heady, Ruth Hemphill, Myrtle Kinsey, Anna Geisler Kirkpatrick, Katherine Brown Lightner, Margaret Dannagger Lovelace, Lillian Catherine McCarthy, Gladys Farmer McCool, Laura Landes Metcalf, Louise Vickery Mowers, Ruth Manahan Neal, Gladys D. Nelson, Madeline O'Leary Peggs, Caroline Peirce, Sara Craddock Sasser, May Gesner Schaefer, Billie Browne Schank, Rita Beauton Schaub, Etienne V. Schier, Louise Williams Sears, Anne Williams Shumway, Florence Kelly Sparrow, Laura V. Waldron, Agnes L. Walker, Gladys Spalding Wheless, Evelyn Lyon Wiberg, and Muriel Andrews Zerangue, all of California;

Gladys Yeager Briggs, and Blanche Marion Curry, of Colorado;

Grace Pascoe Agard, Julie Sternberg Aichler, Mary Sweeney Alling, Sara Hinchey Barry, Anna Kilroy Bean, Kathleen Moriarity Begley, Anna Lyons Bergin, Ethel Cornet Bolles, Anna McDowell Brown, Mary MacKenzie Carson, Lucy Galvin Cavanaugh, Rose Reiger Chapman, Dorothy Sara Clifford, Monica Cecelia Clifford, Sadie Connelly, Marjory Murray Cormack, Martha Swirsky Cotton, Marion McEntee Cox, Ione Disco Cunningham, Katherine Lyng Donovan, Margaret Bess Dordelman, Marguerite Driscoll, Mae Sheehan Dwyer, Ruth Lawson Euster, Katherine Frances Fagan, Ethel Clendenen Fargo, Gertrude Selesnitzky Feinberg, Elisabeth Tagliabue Fields, Helen Buckley Fitzgerald, Irene Catherine Fitzgerald, Anna Campbell Forsythe, Anna J. Gaughan, Mary Penders Gillis, Mary Agnes Grady, Theresa Madeleine Hamill, Alice Mary Harrington, Florence Hulbert Hermanus, Ella Veronica Houlihan, Deborah Pickett Kane, Frances Walsh Keenan, Margaret O'Brien Kennedy, Hazel Merwin Lander, Elizabeth Mallon Leighton, Agnes Carlson Lukens, Catherine Gertrude MacKenzie, Clara Armstrong MacKenzie, Edna Murray Manchester, Mary Driscoll Markham, A. Regina Martin, Josephine McAuliffe Martin, Bellerose Meunier, Mazie Rogers Miller, Elsie Reichert Moon, Winnifred Patricia Nagle, Isabelle Dickson Peterson, Lucy Riley Pfannenstiel, Jewel Perkins Pitt, Eleanor Donahoe Reilly, Elizabeth Kepes Reynolds, Ida Reed Sanders, Alice Savage, Mildred Mabel Schwartz, Margaret Hogan Seaman, Ida Selesnitzky Stone, Agusta Strand, Caroline Wyllie Waterman, Juliana Augusta Weske, Helen Weinhusen, Louise Arnold Wiley, Selina Lee Winter, Margaret Hardiman Wrisley, Mary Connors Wundrack, and Marie Deering Yeager, all of Connecticut;

Norma M. Albers, Lucille Loveless Allan, Gladys Elizabeth Allen, Sarah Jarvis Andrus, Edith Ober Armstrong, Mary Hough Barber, May A. Barrett, Nettie Neitzey Beach, Mary Munday Becker, Esther Hall Beckett, Anne Curtin Belt, Charlotte Louise Berry, Jeannette L. Bishop, Alice Boland Bloomfield, Amelia Boberg, Beulah Holtzscheiter Bosworth, Jane M. Breen, Kate Knight Briggs, Eloise Broaddus, Helen Sprague Brown, Lola Carlisle Strailman Browning, Rose Flood Buice, Annette Louise Burton, Gertrude Bange Butts, Mary Callen, Daisy House Campbell, Ella Echois Chambers, Emma S. Collie, Maude V. Cowan, Jane Regina Cox, Catherine Crowley, Reva S. Darrell, F. Pearl Delaplaine, Eleanor Marie Downey, Alice M. Downie, Cora Laughlin Drake, Anna Cecelia Dunn, Emma Schroder Dyer, Bessie London Faine, Elizabeth Waters Fallis, Anna Schultz Frame, Barbara Spence French, Agnes Monia Gallagher, Annie Ellen Gilson, Eleanor Mary Griffith, Mary Derouda Hall, Amy F. Hammond, Adelaide Ruth Harbers, Dorothy B. Harper, Carolyn Hardesty Herman, Nellie Grant Hinson, Mary E. Jones, Claire Keefe, Kathryn Gallagher Kendrick, Ann Kilmartin, Hope Knickerbocker, Louise Elender Koester, Mary Beall Kolhos, Helen Lucinda Leonard, Edith Kite Lewis, Mary Dove Loughrey, Marie B. Luebkert, Lillian Allen Brubaker Luther, Helen Horigan Maisel, Laura Garcia Martin, Louise Greenwald Matthews, Helen C. McCarty, Geraldine Clark McGovern, Lois B. McRae, Ellen Russell McWilliams, Eloise Sanford Davison Miller, Mary Kurth Moler, Alice Alford Morgan, Anna Lochte Murphy, Margaret Elma Naylor, Edna Meier Nielson, Margaret Broderick Nolan, Alice F. O'Neal, Helen Geraldine O'Neill, Helen Linkins Opitz, Netty Baxter Parker, Blanche C. Paul, Anna Viola Phelps, Annie Skidmore Powers, Sue Gould Prentiss, Edith Warren Quinn, Lillian Louise Reagan, Edna Marie Robey, Estelle Richardson Ruby, Ethel Clark Rule, Louise MacDonnell Ryan, Elizabeth Ivey Sage, Marion Trumbo Skinner, Jessica Randolph Smith, Margaret Grady Smith, Mabel F. Staub, Emily Steele, Nellie Rollins Stein, Edith Herndon Summerson, Mary Sullivan Tatspaugh, Marion Crawford Thur, Mary Killilea Tracey, Margaret Mills Vaughan, Eva Young Virtue, Olive Wrenn Walter, Genevieve F. Wedding, Mary Z. Weide, Lena Kathryn Willige, Pansie Casanave Willson, Ethel M. Wilson, Faith Clements Windsor, Amy Owen Wood, Lena Rigby Woolford, Myrtle Stephens Wright, and Mary Crook Yates, all of the District of Columbia;

Marie Roberts Bevis, Zella Prunty Byrd, Lamonte Oliver Cates, Demerise Labbe Cleveland, Ida Matthews Eichenberger, Loyce Davis Hackett, Mabel Williamson Jacobs, Madeline A. Jacobson, Idele Torrance Jamison, Adele Mead Kendrick, Josephine Mack Miller, Lois Clappison Morse, Almeda Fink Murphy, Roxana Anne Post, Agnes Towson Shelton, Daisy Ruth Westerlund, and Elsie Tuttle Wright, all of Florida;

Anna Elizabeth O'Connell, of Georgia;

Alta Sebree Wardwell Donovan, of Idaho;

Elsie Ericksen Biever, Nora Pomeroy Darling, Grace Alma Dunbar, Anne Rourke Durst, Virginia Stoddert Moore Grottee, Nell Weston Halstead, Edna Benton Hann, Cornelia M. Huennekens, Elizabeth Ann McCoy, Mary Louise Minton, Josephine MacFarland Moran, Mable Vander Ploeg Pease, Hester Smith Rasmussen, Agnes Foertsch Rohlfing, Marie Healy Simpson, Evelyn Jackson Skavlan, Constance Strong, and May Gilligan Sutherland, all of Illinois;

Donna Zimmer Akin, Bessie Fisher Bogwell, Hortense Lee Goldsmith, Mary Parker Harris, and Minnie Tryon Ryan, all of Indiana;

Maud Lowell Ayers, of Kentucky;

Sarah Flaherty Gallagher, and Gladys Ilsley McKnight, of Maine;

L. Dorothy Devey Brunken, Lucille Bonita Garrett, Fannie Grigat Laut, Grace Ryder Mead, Katherine Marie Page, Lillian Deters Tabor, Effie Van Horn Thomas, Edna Josephine Yorker, and Anna Kaer Yust, all of Maryland;

Mary Lee Aylward, Marion L. Bain, Florence K. Barry, Anna E. Beers, Helen I. Blake, Mary C. Breslow, Adelaide Mary Bresnahan, Gladys Bruce, Isabel Kehoe Burk, Aileen J. Burke, Elizabeth Helen Burke, Dorothy Leighton Cady, Alice Elinor Carey, Helen Carman, Mary A. Carroll, Mary Chisel, Mary Warner Colombo, Mazie Conley, Kathryn J. Connor, Anita Ryan Connors, Mary M. Conroy, Ellen Bernadette Corbett, Catherine A. Corcoran, Winifred Burns Cox, Lizzie Glidden Crowley, Madeleine Galvin Delano, Elinor Kyle Devine, Sally Ryan Devlin, Mary F. Doherty, Jane E. Dolsen, Mary Dowd, Eleanor Marion Drew, Alice Driscoll, Mary Joyce Duggan, Mollie Catherine Dundon, Margaret Murphy Faherty, Helen Farrell, Helen Mary Farrell, Catherine Woodward Feeney, Bernice W. Fortin, Patricia Gleason, Marion E. Grady, Mary E. Grady, Anna Mary Hegarty, Ethel Hickey, Dorothy Drew Horan, Elizabeth A. Horgan, Marie Lambert Johnson, Anna Riley Joyce, Agnes Keanneally, Ellen E. Kearns, Bessie Josephine Kelly, Violet Elizabeth Kirkland, Ethel Lally, Genevieve Adrienne Lane, Lucy Marshall Lanigan, Ellen A. Lannigan, Leonore Learson, Julia B. Lehan, Marie Alice Long, Gertrude Lorton, Emma Macaulay Lyle, Helen Stolba Macbeth, Gertrude Catherine Macdonald, Margaret Mehlman Maguire, Anna Marie Mahan, Genevieve A. Maher, Mary Louise Marcille, Marie Kathryn McAuliffe, Anna McCarthy, Helen F. McDonald, Catherine McDonough, Marion Mary Mc- Elaney, Anna Marie McGuire, Esther McCall McLaughlin, Agnes Murphy McLean, Anna L. McNulty, Ruth Desmond McSweeney, Bertha Erickson Mead, Irene Florence Michel, Yvonne Michel, Margaret Isabelle Mitchell, Margaret Louise Murphy, Helen Adelaide Murray, Elizabeth McDonald Myers, Helen Barr Nickerson, Eleanor Teresa O'Brien, Marguerite Catherine O'Brien, Ria Minehan O'Brien, Margaret Lonergan O'Brion, Helen O'Brien O'Connor, Elizabeth M. O'Donnell, Mary Bull Owens, Olive T. Parsons, Mary Fielding Rawling, Mary McGunigle Redmond, Elizabeth Foley Regan, Mary Lane Regan, Ellen Riley, Helen O'Brien Riley, Anita Roberts, Mary Myers Robinson, Alice Mahan Saunders, Gladys Mary Saxton, Mary Elizabeth Scalley, Julia E. Shine, Elizabeth Stander, Mary Catherine Sughrue, Madeline O'Brien Sullivan, Harriet Mussinan Swearingen, Mary Gross Thayer, Grace M. Tomasello, Madeline Robillard Treloar, Isabel Catherine Wall, Lulu Veronica Walsh, Ethel Mary Ward, Agnes O'Brien Welch, Esther Marie Werme, Margaret Gertrude Wholly, Alice M. Williams, Lillian Everette Williams, Lucy M. Winn, and Maud C. Young, all of Massachusetts;

Theresa Bean Ballenger, Lilla Mary Bellinger, Gertrude M. Camp, Pauline Cassidy, Grace Schoenhur Conway, Marie Rossley Kalt, Gladys Webster Mallett, Helen Moran, and Margaret Morton Mullaney, all of Michigan;

Ethyl Ryan Maly and Gertrude O'Connor Trestrail, of Minnesota;

Gladys Thames Hubbard, of Mississippi;

Sophie Polenska Coleman, of Missouri;

Davidson, Edyth Plummer, and Dorothy Mauck Wehrman, of Nebraska;

Christina Sander Anderson, Anna Elizabeth Conroy, Gertrude O'Neil DeBrunner, A. May Erwin, Alice Catherine Fairbrother, Kathleen Mary Field, Anne Pedersen Freeman, Marguerite B. Geiger, Lillian Helena Hannold, Julia Hicks, Anna V. Kane, Dorothy May Lee, Corrine Dextroze Mahanna, Anne Marie McCormick, Mina Klein Morrison, Marie Burke Oetmann, Ann B. Shinnick, and Catherine Waters, all of New Jersey;

Sarah Russell Imhof, of New Mexico;

Mary Ducey Archer, Laura Dayton Ball, Esther Berkowitz, Rose Brancato Biagi, May Anne Blazina, Ruth Nethaway Bouck, Harriet Eldridge Robins Brandt, Josephine Mitchell Brosseau, Irene Malito Brown, Regina Burke, Frances Jedlicka Campbell, Rowena Margaret Campbell, May Flaherty Carroll, Veronica Marie Cherry, Mary L. Clark, May Cecilia Collins, Ada Howe-Webster Dailinger, Julia Flynn Dorner, Alice Leahy Everard, Dorothy Winifred Ferrier, Elinor Valentine Foley, Marie McElroy Forte, Anna Gallagher, Margaret Katherine Garland, Florence Wilson Goulden, Alice Miriam Govenor, Elizabeth Anna Gridley, Mildred Berryman Hall, Mary Mahoney Halwartz, S. Dorothy First Hayes, Alice Gieseking Johnson, Angela Lyons Johnson, Marie Elizabeth Kelly, Carrie Klinger, Leonore Lawson Koellsted, Lucile Alzamora Lacey, Mary Gray Langford, Esther Martins Law, Hortense Lersner, Gertrude Long, Isabel Margaret Lynch, Nellie Mahoney, Ruth Evelyn Manning, Matilda Foeth McDonald, Agnes Murphy McGovern, Mary McMahon, Lillian Forsberg Miller, Maud Amelia Mittern, Blanche Babbitt Moeller, Frances Donahue Molloy, Mina Walden Mullen, Lulu Muller, Mary Elizabeth Noel, Lillie May Nohowec, Mabel Dorothy O'Connell, Betty A. Peifer, Frances L. Phair, Anna Reisman, Julia White Robbins, Marion Flannery Savage, Gertrude Evelyn Sawyer, Margaret Faglon Schutt, Mae E. Shuttleworth, Ethel Lynwood Sickles, M. Grace Siegmann, Alice Clyde Stafford, Jeannette Gartland Sturla, May Agnes Sullivan, Lilian Browne Swanson, Dorothy Bradford Thomson, Irene M. Tynan, Rita Regan Wallis, Florence Kelley Walters, Irene Hallan Webb, Julia Woodroff Wheelock, Sally R. Wolf, Sarah Gibbon Yeoman, and Henrietta Yunker, all of New York;

Cooper Miller Correll, Willa Tritt Coward, Virginia Dockery Crow, Lassie Kelly Cunningham, Ethel Harwood Fuller, Estelle D. Gordon, Velma Moody Horne, Annie L. Londeree, Arabella Johnson Milligan, Rebecca Adams Nichols, Mary Allen Pearce, Kathleen Rogers Tate, and Edith Singer Weibel, all of North Carolina;

Neita Russell Christian, Evelyn Evans, Mary Pow Hartman, and Mae E. Hickey, all of Ohio;

Helen Jane Bringier and Bessie Hittle Groff, of Oklahoma;

Anna Lenz Seaton, and Evelyn B. Youngs, of Oregon;

Marie R. Ahern, Mary Kemp Anthony, Laura Anderson, Sue Rohland Arishoff, Lillian Young Armour, Minnetta Collies Bentz, Lillian LeVene Blackman, Maybelle M. Bond, Anna D. Boyle, Gertrude Margaret Bracken, Winifred Brooks, May McCormick Bullock, Emma Engel Bunte, Margaret Rebecca Burdell, Mary Gallagher Campbell, Margaret M. Collins, Mae McConnell Conlin, Mary E. Cross, Mrs. James Crumlish, Anna Maguire Culliton, Mary Cavanaugh Daly, Claire Dougherty Dever, Helen M. Devery, Anna Marie Devine, Elizabeth Gray Doran, Helen Dunne, Helen Coty Easterby, Anna Viola Edmonds, Dorothy Elma Evans, Florence Monberger Fedor, Sylvania Israel Garner, M. Cecilia Geiger, Gertrude White Gilkes, Fanny Goldscheider, Blanche Miller Grimes, Catherine Stanfield Gutenberger, Emily Hacker, Beatrice B. Hamer, Agnes E. Hamill, Marion Manahan Hammill, Claire V. Harkins, Bertha M. Harris, Mary English Harvey, Freda Forster Hawsey, Kathryn Johnston Hazzard, Charlotte King Hedden, Jane Orr Heilig, S. Elizabeth Holmes, Effie C. Innes, Sue Altemus Jones, Anna Elizabeth Jourdan, Marie A. Kelly, Marie V. Klase, Emma Edith Lapeus, Sophia Levin, Mary M. Long, Laura Harrison Love, Anna Elizabeth Magee, Helen Marshall, Esther Nichols Martin, Cecilia McHale, Elizabeth Marie McNamee, Anna J. Meara, Mary Burton Morris, Rosaline K. Moscony, Helen Hannigan Myers, Sara Myers, Florence Fischer Nicholson, Vesta Kaufman Niedt, Sylvania W. Oberholtzer, Anna Florence O'Connor, Constance O'Hara, Catherine G. O'Neill, Margaret Elizabeth Paul, Anne M. Perry, Cora Felter Phillips, Molly Dever Purcell, Mary A. Raith, Sara Ada Rice, Isabel E. Rosenfeldt, Anna M. Ross, Lillian White Schumacher, Prudence McCullin Sheperla, Rachel Emily Shultz, Aida Holz Skelly, Mabel Melville Slifer, Marjorie L. Slocum, Mary T. Smith, Caroline Steinbock, Mary M. Taylor, Agnes Finley Tieman, Ida Carver Townsend, Gertrude Martin Voigt, Katherine Frances Walsh, Mary Warren, Elsie E. Weaver, Amy Maria Weems, Annette Kirby Weirbach, Margaret Rowena Wellbank, Joanna Ferguson Wittman, and Elsie Richards Whitmore, all of Pennsylvania;

Jennie Carter Aldred, Elizabeth Louise Baxter, Lydia York Brown, Lylian Annette Callis, Lillie Reeves Campbell, Olive Mather Clark, Theresa Margaret Dunphy, Helen MacDonald Garnett, Matilda Eglinton Grady, Dora Bucklin Helwig, Catherine Freeman Hunt, Monica Monaghan Keenan, Margaret Ruane McCartin, Effie Crowther Meeker, Mary Littlefield O'Mara, Jennie Cavanaugh Peffer, and Agnes Wheeler Smith, all of Rhode Island;

Bertha Avaunt Frischkorn, Sara Quinn Harrington, Rosa Wade Holland, Florence Idella Larasey, Mary Sinkler de Saussure McQueen, Ida Marie Stoesen, and Mamie Elizabeth Verdier, all of South Carolina;

Antonio Shuster Bunger, Sue Lou Rutledge Corbin, and Louisa Daniell Shepard, all of Texas;

Esther Laubach, of Utah;

Nellie Leland Cutler and Minnie Bliss Sweetser, of Vermont;

Bertha Tyler Carwithen, Columbia Taylor Conway, Mary Anne Eike, Janet Rishell English, Dorothy Knight Fannon, Pauline Taylor Groves, Peggy Oakes Marable, Ethel Ward Montagne, Rose Nelson O'Hara, Anna Smith Reynolds, Josephine M. Senerchia, Maude Lois Smith, Mayme E. Smith, Mary Phillips Spiers, Margaret C. Thomas, and Ulla Rathbun Tracy, all of Virginia;

Sadie Conely Babcock, Margaret Powell Bidlake, Calla Layton Henly, Betty L. Reynolds, Emma Rogers Shriver, Lillian M. Squier, and Agnes Bell Williams, all of Washington;

Elsie Jane Beaty, Beulah Bess Carper, Ada Drown Childers, Mabelle W. Clinton, Alberta Herren Davis, Selma Price Deyo, Cora Byrnside Haynes, Mabel Claire Heslep, Hazel Hodge, Pauline Miller Howard, Tillie Haley Hull, Elizabeth Van Hoose Hurt, Helen Southworth Lanterman, Hope Parker Oesterle, Naoma Hawkes Parsons, Mary Louise Price, Kathaleen Dellinger Ridgley, and Wafie Calebaugh Robinson, all of West Virginia;

Mrs. Wallace A. Giffen, Laura V. Hall, Eleanore Walters Herdrich, Ada Hosford, and Sophia Keller Ormond, all of Wisconsin;

Susan Barnes Turney, of Wyoming;

Wilhelmina Mezger Farvin Woofter, of Alaska;

Katherine Patee MacMillian, of Canada;

Rose O'Connell Shaefer, of China;

Laura Finnegan Cheatham, Margaret MacEachern Edwards, Marie Murray Grant, Lillian Cooper Harrington, and Julia Weber, all of Hawaii;

and their associates and successors are created a body corporate and politic, in the District of Columbia, by the name of “The National Yoemen 

June 15, 1936, ch. 546, §1, 49 Stat. 1501.

§139a · Right to hold property; constitution, bylaws and seal

Said organization is authorized to hold real and personal estate in the United States so far only as may be necessary to its lawful ends, to an amount not exceeding $50,000, and may adopt a constitution and bylaws not inconsistent with law, and may adopt a seal.

June 15, 1936, ch. 546, §2, 49 Stat. 1506.

§139b · Deposit of historical material

The regents of the Smithsonian Institution are authorized to permit said national organization to deposit its collections, manuscripts, books, pamphlets, and other material for history in the Smithsonian Institution or in the National Museum, at their discretion, upon such conditions and under such rules as they shall prescribe.

June 15, 1936, ch. 546, §3, 49 Stat. 1506; June 29, 1960, Pub. L. 86–533, §1(23), 74 Stat. 249.

Chapter 8b. Navy Club of the United States of America

§140 · Corporation created

Sigfred A. Sandeen, national commandant; Ernest C. Fiedler, national senior executive officer; Thomas D. Hickey, national junior executive officer; Forest F. Bodiker, national paymaster; V. Homer Peabody, national chaplain; Mason C. Martin, national historian; and John F. McCullough, medical doctor, national medical officer, are created a body corporate of the name, “Navy Club of the United States of America.”

June 6, 1940, ch. 239, §1, 54 Stat. 232.

§140a · Purposes of corporation

The purposes of this corporation shall be (a) to further, encourage, promote, and maintain comradeship among those persons who are or have been in the active service of the United States Navy, the United States Marine Corps, or the United States Coast Guard; (b) to revere, honor, and perpetuate the memory of those persons who have been such members and have departed this life; (c) to promote and encourage further public interest in the United States Navy, the United States Marine Corps, and the United States Coast Guard and the history of said organizations; (d) to uphold the spirit and ideals of the United States Navy, the United States Marine Corps, and the United States Coast Guard; (e) to promote the ideals of American freedom and democracy and to fit its members for the duties of citizenship and to encourage them to serve as ably as citizen 

June 6, 1940, ch. 239, §2, 54 Stat. 232.

§140b · Powers of corporation

The corporation (a) shall have perpetual succession; (b) may charge and collect membership dues and receive contributions of money or property to be devoted to carrying out the purposes of the organization; (c) may sue or be sued; (d) may adopt a corporate seal and alter it at pleasure; (e) may adopt and alter bylaws not inconsistent with the Constitution and laws of the United States or of any State; (f) may establish and maintain offices for the conduct of its business; (g) may appoint or elect officers and agents; (h) may choose a board of trustees, consisting of not more than fifteen persons nor less than five persons, to conduct the business and exercise the powers of the corporation; (i) may acquire, by purchase, devise, bequest, gift, or otherwise, and hold, encumber, convey, or otherwise dispose of such real and personal property as may be necessary or appropriate for its corporate purposes; and (j) generally may do any and all lawful acts necessary or appropriate to carry out the purposes for which the corporation is created.

June 6, 1940, ch. 239, §3, 54 Stat. 233.

§140c · Annual report

The corporation shall, on or before the 1st day of December in each year, transmit to Congress a report of its proceedings and activities for the preceding calendar year. Such reports shall not be printed as public documents.

June 6, 1940, ch. 239, §4, 54 Stat. 233; Aug. 30, 1964, Pub. L. 88–504, §4(11), 78 Stat. 637.

Chapter 9. National Observances

§141 · Display of flag on buildings on second Sunday in May

The President of the United States is authorized and requested to issue a proclamation calling upon the Government officials to display the United States flag on all Government buildings, and the people of the United States to display the flag at their homes or other suitable places, on the second Sunday in May, as a public expression of our love and reverence for the mothers of our country.

May 8, 1914, No. 13, §1, 38 Stat. 771.

§142 · Second Sunday in May designated as Mother's Day

The second Sunday in May shall hereafter be designated and known as Mother's Day, and it shall be the duty of the President to request its observance as provided for in this resolution.

May 8, 1914, No. 13, §2, 38 Stat. 771.

§142a · Third Sunday in June designated as Father's Day; display of flags on buildings; observance

The third Sunday in June of each year is hereby designated as “Father's Day”. The President is authorized and requested to issue

each year a proclamation—

(1) designating the first Monday in October as Child Health Day; and

(2) inviting all agencies and organizations interested in child welfare to unite on Child Health Day in observing exercises that will make the people of the United States aware of the fundamental necessity of a year-round program to protect and develop the health of the children of the United States.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1255.

§106 · Citizenship Day

(a) Designation.—September 17 is Citizenship Day.

(b) Purpose.—Citizenship Day commemorates the formation and signing on September 17, 1787, of the Constitution and recognizes all who, by coming of age or by naturalization, have become citizens.

(c) Proclamation.—The President may issue each year

a proclamation calling on United States the appropriate Government officials to display the flag of the United States on all Government buildings on Citizenship Day and inviting such day, inviting the governments of the States and communities and the people of the United States to observe

Citizenship Day, in schools and churches, or other suitable places, with appropriate ceremonies.

(d) State and Local Observances.—The civil and educational authorities of States, counties, cities, and towns are urged to make plans for the proper observance of Citizenship Day and for the complete instruction of citizens in their responsibilities and opportunities as citizens of the United States and of the State and locality in which they reside.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1255.

§107 · such day with appropriate ceremonies, and urging our people to offer public and private expressions of such day to the abiding love and gratitude which they bear for their fathers.

Pub. L. 92–278, Apr. 24, 1972, 86 Stat. 124.

§142b · National Grandparents Day; proclamation, designation; observance

The President is authorized and requested to issue a proclamation designating the first Sunday of September after Labor Day as “National Grandparents Day”, and calling upon the people of the United States and interested groups and organizations to observe such day with appropriate ceremonies and activities.

Pub. L. 96–62, Sept. 6, 1979, 93 Stat. 410.

§142c · Parents’ Day; establishment

The fourth Sunday of every July shall be established as “Parents’ Day” to be recognized as a recurring, perennial day of commemoration.

Pub. L. 103–362, §1, Oct. 14, 1994, 108 Stat. 3465.

§142c–1 · Recognition of Parents’ Day

All private citizens, organizations, and governmental and legislative bodies at the local, State, and Federal level are encouraged to recognize Parents’ Day through proclamations, activities, and educational efforts in furtherance of recognizing, uplifting, and supporting the role of parents in the rearing of their children.

Pub. L. 103–362, §2, Oct. 14, 1994, 108 Stat. 3465.

§143 · First Monday in October designated as Child Health Day

The President of the United States is authorized and requested to issue annually a proclamation setting apart the first Monday in October of each year as Child Health Day and inviting all agencies and organizations interested in child welfare to unite upon that day in the observance of such exercises as will awaken the people of the Nation to the fundamental necessity of a year-round program for the protection and development of the health of the Nation's children.

May 18, 1928, ch. 643, 45 Stat. 617; Sept. 22, 1959, Pub. L. 86–352, 73 Stat. 627.

§144 · Transferred

§145 · May twenty-second designated as National Maritime Day

May 22 of each year shall hereafter be designated and known as National Maritime Day, and the President is authorized and requested annually to issue a proclamation calling upon the people of the United States to observe such National Maritime Day by displaying the flag at their homes or other suitable places and Government officials to display the flag on all Government buildings on May 22 of each year.

May 20, 1933, ch. 36, 48 Stat. 73.

§146 · Second Monday in October as Columbus Day

The President

is requested to issue each year a proclamation—

(1) designating the second Monday in October as Columbus Day;

(2) calling on United States Government officials

of the United States is authorized and requested to issue a proclamation designating the second Monday in October of each year as Columbus Day and calling upon officials of the Government to display the flag of the United States on all Government buildings on

Columbus Day; and(3)

said date and inviting the people of the United States to observe Columbus Day, the day in schools and churches, or other suitable places, with appropriate ceremonies that express expressive of the public sentiment befitting the anniversary of the discovery of America.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1256.

§108 · Constitution Week

The President is requested to issue each year a proclamation—

(1) designating September 17 through September 23 as Constitution Week; and

(2) inviting the people of the United States to observe Constitution Week, in schools, churches, and other suitable places, with appropriate ceremonies and activities.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1256.

§109 · Father's Day

(a) Designation.—The third Sunday in June is Father's Day.

(b) Proclamation.—The President is requested to issue a proclamation—

(1) calling on United States Government officials to display the flag of the United States on all Government buildings on Father's Day;

(2) inviting State and local governments and the people of the United States to observe Father's Day with appropriate ceremonies; and

(3) urging the people of the United States to offer public and private expressions of Father's Day to the abiding love and gratitude they have for their fathers.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1256.

§110 · Flag Day

(a) Designation.—June 14 is Flag Day.

(b) Proclamation.—The President is requested to issue each year a proclamation—

(1) calling on United States Government officials to display the flag of the United States on all Government buildings on Flag Day; and

(2) urging the people of the United States to observe Flag Day as the anniversary of the adoption on June 14, 1777, by the Continental Congress of the Stars and Stripes as the official flag of the United States.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1256.

§111 · Gold Star Mother's Day

(a) Designation.—The

Apr. 30, 1934, ch. 184, 48 Stat. 657; June 28, 1968, Pub. L. 90–363, §1(b), 82 Stat. 250.

§147 · Display of flag on buildings on last Sunday in September

is Gold Star Mother's Day.

(b) Proclamation.—The President is requested to issue a proclamation calling on United States Government officials to display the flag of the United States on all Government buildings, and the people of the United States to display the flag and hold appropriate meetings at homes, churches, or other suitable places, on Gold Star Mother's Day as a public expression of the love, sorrow, and reverence of the people for Gold Star Mothers.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1256.

§112 · Honor America Days

(a) Designation.—The 21 days from Flag Day through Independence Day is a period to honor America.

(b) Congressional Declaration.—Congress declares that there be public gatherings and activities during that period at which the people of the United States can celebrate and honor their country in an appropriate way.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1257.

§113 · Law Day, U.S.A.

(a) Designation.—May 1 is Law Day, U.S.A.

(b) Purpose.—Law Day, U.S.A., is a special day of celebration by the people of the United States—

(1) in appreciation of their liberties and the reaffirmation of their loyalty to the United States and of their rededication to the ideals of equality and justice under law in their relations with each other and with other countries; and

(2) for the cultivation of the respect for law that is so vital to the democratic way of life.

(c) Proclamation.—The President is requested to issue a proclamation—

(1) calling on all public officials to display the flag of the United States on all Government buildings on Law Day, U.S.A.; and

(2) inviting the people of the United States to observe Law Day, U.S.A., with appropriate ceremonies and in other appropriate ways, through public entities and private organizations and in schools and other suitable places.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1257.

§114 · Leif Erikson Day

The President may issue each year a proclamation designating October 9 as Leif Erikson Day.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1257.

§115 · Loyalty Day

(a) Designation.—May 1 is Loyalty Day.

(b) Purpose.—Loyalty Day is a special day for the reaffirmation of loyalty to

The President of the United States

and for the recognition of the heritage of American freedom.

(c) Proclamation.—The President is requested to issue a proclamation—

(1) calling on United States Government officials to display the flag of the United States on all Government buildings on Loyalty Day; and

(2) inviting the people of the United States to observe Loyalty Day with appropriate ceremonies in schools and other suitable places.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1257.

§116 · Memorial Day

(a) Designation.—The last Monday in May is Memorial Day.

(b) Proclamation.—The President is requested to issue each year a proclamation—

(1) calling on the people of the United States to observe Memorial Day by praying, according to their individual religious faith, for permanent peace;

(2) designating a period of time on Memorial Day during which the people may unite in prayer for a permanent peace;

(3) calling on the people of the United States to unite in prayer at that time; and

(4) calling on the media to join in observing Memorial Day and the period of prayer.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1257.

§117 · Mother's Day

(a) Designation.—The second Sunday in May is Mother's Day.

(b) Proclamation.—The President is

is authorized and requested to issue a proclamation calling on United States upon the Government officials to display the

flag of the United States on all Government buildings, and on the people of the United States to display the flag at their homes or other suitable places, on Mother's Day as a public expression of love and reverence for the mothers of the United States.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1258.

§118 · National Aviation Day

The President may issue each year a proclamation—

(1) designating August 19 as National Aviation Day;

(2) calling on United States Government officials to display the flag of the United States on all Government buildings on National Aviation Day; and

(3) inviting the people of the United States to observe National Aviation Day with appropriate exercises to further stimulate interest in aviation in the United States.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1258.

§119 · National Day of Prayer

The President shall issue each year a proclamation designating the first Thursday in May as a National Day of Prayer on which the people of the United States may turn to God in prayer and meditation at churches, in groups, and as individuals.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1258.

§120 · National Defense Transportation Day

The President is requested to issue each year a proclamation—

(1) designating the third Friday in May as National Defense Transportation Day; and

(2) urging the people of the United States, including labor, management, users, and investors, in all communities served by the various forms of transportation to observe National Defense Transportation Day by appropriate ceremonies that will give complete recognition to the importance to each community and its people of the transportation system of the United States and the maintenance of the facilities of the system in the most modern state of adequacy to serve the needs of the United States in times of peace and in national defense.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1258.

§121 · National Disability Employment Awareness Month

(a) Designation.—October is National Disability Employment Awareness Month.

(b) Ceremonies.—Appropriate ceremonies shall be held throughout the United States during National Disability Employment Awareness Month to enlist public support for, and interest in, the employment of workers with disabilities who are otherwise qualified. Governors, mayors, heads of other governmental entities, and interested organizations and individuals are invited to participate in the ceremonies.

(c) Proclamation.—The President is requested to issue each year a suitable proclamation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1258.

§122 · National Flag Week

The President is requested to issue each year a proclamation—

(1) designating the week in which June 14 falls as National Flag Week; and

(2) calling on citizens to display the flag of the United States during National Flag Week.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1259.

§123 · National Forest Products Week

(a) Designation.—The week beginning on the third Sunday in October is National Forest Products Week.

(b) Proclamation.—The President is requested to issue each year a proclamation calling on the people of the United States to observe National Forest Products Week with appropriate ceremonies and activities.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1259.

§124 · National Freedom Day

The President may issue each year a proclamation designating February 1 as National Freedom Day to commemorate the signing by Abraham Lincoln on February 1, 1865, of the joint resolution adopted by the Senate and the House of Representatives that proposed the 13th amendment to the Constitution.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1259.

§125 · National Grandparents Day

The President is requested to issue each year a proclamation—

(1) designating the first Sunday in September after Labor Day as National Grandparents Day; and

(2) calling on the people of the United States and interested groups and organizations to observe National Grandparents Day with appropriate ceremonies and activities.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1259.

§126 · National Hispanic Heritage Month

The President is requested to issue each year a proclamation—

(1) designating September 15 through October 15 as National Hispanic Heritage Month; and

(2) calling on the people of the United States, especially the educational community, to observe National Hispanic Heritage Month with appropriate ceremonies and activities.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1259.

§127 · National Korean War Veterans Armistice Day

(a) Designation.—July 27 of each year until 2003 is National Korean War Veterans Armistice Day.

(b) Proclamation.—The President is requested to issue each year a proclamation calling on—

(1) the people of the United States to observe National Korean War Veterans Armistice Day with appropriate ceremonies and activities; and

(2) all departments, agencies, and instrumentalities of the United States Government, and interested organizations, groups, and individuals, to fly the flag of the United States at halfstaff on July 27 of each year until 2003 in honor of the individuals who died as a result of their service in Korea.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1259.

§128 · National Maritime Day

(a) Designation.—May 22 is National Maritime Day.

(b) Proclamation.—The President is requested to issue each year a proclamation calling on—

(1) the people of the United States to observe National Maritime Day by displaying the flag of the United States at their homes or other suitable places; and

(2) United States Government officials to display the

United States flag on all Government

buildings on National Maritime Day.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1260.

§129 · National Pearl Harbor Remembrance Day

(a) Designation.—December 7 is National Pearl Harbor Remembrance Day.

(b) Proclamation.—The President is requested to issue each year a proclamation calling on—

(1)

buildings, and the people of the United States to

observe National Pearl Harbor Remembrance Day with appropriate ceremonies and activities; and(2) all departments, agencies, and instrumentalities

display the flag and to hold appropriate meetings at their homes, churches, or other suitable places, on the last Sunday in September, as a public expression of the love, sorrow, and reverence of the people of the United States

Government, and interested organizations, groups, and individuals, to fly the flag of the United States at halfstaff each December 7 in honor of the individuals who died as a result of their service at Pearl Harbor.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1260.

§130 · National Poison Prevention Week

The President is requested to issue each year a proclamation designating the third week in March as National Poison Prevention Week to aid in encouraging the people of the United States to learn of the dangers of accidental poisoning and to take preventive measures that are warranted by the seriousness of the danger.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1260.

§131 · National Safe Boating Week

The President is requested to issue each year a proclamation designating the 7-day period ending on the last Friday before Memorial Day as National Safe Boating Week.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1260.

§132 · National School Lunch Week

(a) Designation.—The week beginning on the second Sunday in October is National School Lunch Week.

(b) Proclamation.—The President is requested to issue each year a proclamation calling on the people of the United States to observe National School Lunch Week with appropriate ceremonies and activities.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1260.

§133 · National Transportation Week

The President is requested to issue each year a proclamation—

(1) designating the week that includes the third Friday of May as National Transportation Week; and

(2) inviting the people of the United States to observe National Transportation Week with appropriate ceremonies and activities as a tribute to the men and women who, night and day, move goods and individuals throughout the United States.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1260.

§134 · Pan American Aviation Day

The President may issue each year a proclamation—

(1) designating December 17 as Pan American Aviation Day; and

(2) calling on all officials of the United States Government, the chief executive offices of the States, territories, and possessions of the United States, and all citizens to participate in the observance of Pan American Aviation Day to further, and stimulate interest in, aviation in the American countries as an important stimulus to the further development of more rapid communications and a cultural development between the countries of the Western Hemisphere.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1261.

§135 · Parents’ Day

(a) Designation.—The fourth Sunday in July is Parents’ Day.

(b) Recognition.—All private citizens, organizations, and Federal, State, and local governmental and legislative entities are encouraged to recognize Parents’ Day through proclamations, activities, and educational efforts in furtherance of recognizing, uplifting, and supporting the role of parents in bringing up their children.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1261.

§136 · Peace Officers Memorial Day

The President is requested to issue each year a proclamation—

(1) designating May 15 as Peace Officers Memorial Day in honor of Federal, State, and local officers killed or disabled in the line of duty;

(2) directing United States Government officials to display the flag of the United States at halfstaff on all Government buildings on Peace Officers Memorial Day, as provided by section 7(m) of title 4, United States Code; and

(3) inviting State and local governments and the people of the United States to observe Peace Officers Memorial Day with appropriate ceremonies and activities, including the display of the flag at halfstaff.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1261.

§137 · Police Week

The President is requested to issue each year a proclamation—

(1) designating the week in which May 15 occurs as Police Week in recognition of the service given by men and women who stand guard to protect the people of the United States through law enforcement; and

(2) inviting State and local governments and the people of the United States to observe Police Week with appropriate ceremonies and activities, including the display of the flag at halfstaff.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1261.

§138 · Save Your Vision Week

The President is requested to issue each year a proclamation—

(1) designating the first week in March as Save Your Vision Week;

(2) inviting the governors and mayors of State and local governments to issue proclamations designating the first week in March as Save Your Vision Week;

(3) inviting the communications media, health care professions, and other agencies and individuals concerned with programs for the improvement of vision to unite during Save Your Vision Week in public activities to convince the people of the United States of the importance of vision to their welfare and the welfare of the United States; and

(4) urging the media, health care professions, and other agencies and individuals to support programs to improve and protect the vision of the people of the United States.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1261.

§139 · Steelmark Month

(a) Designation.—May is Steelmark Month.

(b) Purpose.—Steelmark Month recognizes the tremendous contribution made by the steel industry in the United States to national security and defense.

(c) Proclamation.—The President is requested to issue a proclamation calling on the people of the United States to observe Steelmark Month with appropriate ceremonies and activities.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1262.

§140 · Stephen Foster Memorial Day

The President may issue each year a proclamation—

(1) designating January 13 as Stephen Foster Memorial Day; and

(2) calling on the people of the United States to observe Stephen Foster Memorial Day with appropriate ceremonies, pilgrimages to his shrines, and musical programs featuring his compositions.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1262.

§141 · Thomas Jefferson's birthday

The President shall issue each year a proclamation—

(1) calling on officials for the American Gold Star Mothers.

June 23, 1936, ch. 736, §1, 49 Stat. 1895.

§148 · Last Sunday in September designated as Gold Star Mother's Day

The last Sunday in September shall be designated and known as “Gold Star Mother's Day”, and it shall be the duty of the President to request its observance as provided for in section 147 of this title.

June 23, 1936, ch. 736, §2, 49 Stat. 1895.

§149 · April thirteenth for commemoration of Thomas Jefferson's birth

The President

of the United States of America is authorized and directed to issue a proclamation calling upon officials of the Government to display the flag of the United States on all Government buildings on April

13; and(2)

13 of each year, and inviting the people of the United States to observe April 13 the day in schools and churches, or other suitable places, with appropriate ceremonies in commemoration of

Thomas Jefferson's birthday.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1262.

§142 · White Cane Safety the birth of Thomas Jefferson.

Aug. 16, 1937, ch. 666, 50 Stat. 668.

§150 · April as Cancer Control Month

The President of the United States is authorized and requested to issue annually a proclamation setting apart the month of April of each year as Cancer Control Month and to invite annually the Governors of the several States and Territories and possessions of the United States to issue proclamations for like purposes. It is requested that such proclamations invite the medical profession, the press, and all agencies and individuals interested in a national program for the control of the disease of cancer by education and other cooperative means to unite during the month in a public dedication to such a program and in a concerted effort to impress upon the people of the Nation the necessity of such a program.

Mar. 28, 1938, ch. 56, 52 Stat. 148.

§151 · August nineteenth as National Aviation Day

The President

may issue each year a proclamation—

(1) designating October 15 as White Cane Safety Day; and

(2) calling on the people

of the United States to observe White Cane Safety Day is authorized to designate August 19 of each year as National Aviation Day, and to issue a proclamation calling upon officials of the Government to display the flag of the United States on all Government buildings on that day, and inviting the people of the United States to observe the day with appropriate exercises to further and stimulate interest in aviation in the United States.

May 11, 1939, ch. 123, 53 Stat. 739.

§151a · December seventeenth as Pan American Aviation Day

The President of the United States is authorized to designate December 17 of each year as Pan American Aviation Day and to issue a proclamation calling upon all officials of the Government, Governors of the fifty States, our possessions, and all citizens to participate in the observance of this day to further and stimulate interest in aviation in the American countries as an important stimulus to the further development of more rapid communications and a cultural development between the nations of the Western Hemisphere.

Oct. 10, 1940, ch. 840, 54 Stat. 1093.

§152 · Repealed. Feb. 29, 1952, ch. 49, §3, 66 Stat. 10

§153 · Citizenship Day; designation; proclamation; observance

The 17th day of September of each year is designated as “Citizenship Day” in commemoration of the formation and signing, on September 17, 1787, of the Constitution of the United States and in recognition of all who, by coming of age or by naturalization have attained the status of citizenship, and the President of the United States is authorized to issue annually a proclamation calling upon officials of the Government to display the flag of the United States on all Government buildings on such day, and inviting the people of the United States to observe the day in schools and churches, or other suitable places, with appropriate ceremonies.

The civil and educational authorities of States, counties, cities, and towns be, and they are, urged to make plans for the proper observance of this day and for the full instruction of citizens in their responsibilities and opportunities as citizens of the United States and of the States and localities in which they reside.

Nothing herein shall be construed as changing, or attempting to change, the time or mode of any of the many altogether commendable observances of similar nature now being held from time to time, or periodically, but, to the contrary, such practices are praised and encouraged.

Feb. 29, 1952, ch. 49, §1, 66 Stat. 9.

§154 · Address to newly naturalized citizens

Either at the time of the rendition of the decree of naturalization or at such other time as the judge may fix, the judge or someone designated by him shall address the newly naturalized citizen upon the form and genius of our Government and the privileges and responsibilities of citizenship; it being the intent and purpose of this section to enlist the aid of the judiciary, in cooperation with civil and educational authorities, and patriotic organizations in a continuous effort to dignify and emphasize the significance of citizenship.

Feb. 29, 1952, ch. 49, §2, 66 Stat. 10.

§155 · National Disability Employment Awareness Month

Hereafter the month of October in each year shall be designated as National Disability Employment Awareness Month. During such month appropriate ceremonies shall be held throughout the Nation, the purposes of which will be to enlist public support for and interest in the employment of otherwise qualified but workers with disabilities.

The President is hereby requested to issue a suitable proclamation each year, and the Governors of States, mayors of cities, and heads of other instrumentalities of government, as well as leaders of industry, educational and religious groups, labor, veterans, women, farm, scientific and professional, and all other organizations and individuals at interest are invited to participate.

Aug. 11, 1945, ch. 363, 59 Stat. 530; Oct. 8, 1970, Pub. L. 91–442, 84 Stat. 914; Nov. 7, 1988, Pub. L. 100–630, title III, §301(a), 102 Stat. 3315.

§155a · President's Committee on Employment of People With Disabilities; authorization of appropriations

In order to effectuate the purposes of National Disability Employment Awareness Month and in order to enable the President to provide the President's Committee on Employment of People With Disabilities with adequate personnel to assist in its activities, and otherwise to provide the committee with the means of carrying out a program to promote the employment of persons with disabilities, by creating Nationwide interest in the rehabilitation and employment of such persons and by obtaining and maintaining cooperation from all public and private groups in the field, there is hereby authorized to be appropriated for each of the fiscal years 1993, 1994, 1995, 1996, and 1997, such sums as may be necessary to be expended in such manner and by such agencies as the President may direct, for the work of the President's Committee on Employment of People With Disabilities.

July 11, 1949, ch. 302, §1, 63 Stat. 409; Aug. 3, 1954, ch. 655, §5, 68 Stat. 665; Sept. 13, 1960, Pub. L. 86–772, 74 Stat. 913; June 24, 1964, Pub. L. 88–321, 78 Stat. 221; Nov. 8, 1965, Pub. L. 89–333, §14, 79 Stat. 1294; July 7, 1968, Pub. L. 90–391, §14, 82 Stat. 306; Oct. 21, 1986, Pub. L. 99–506, title IX, §902, 100 Stat. 1841; Nov. 7, 1988, Pub. L. 100–630, title III, §301(b)(1), (2), 102 Stat. 3316; June 6, 1991, Pub. L. 102–52, §9(b), 105 Stat. 263; Oct. 29, 1992, Pub. L. 102–569, title IX, §914, 106 Stat. 4488.

§155b · Acceptance of voluntary services, gifts, devises, bequests, etc., by President's Committee on Employment of People With Disabilities

The President's Committee on Employment of People With Disabilities may—

(1) accept voluntary and uncompensated services, notwithstanding the provisions of section 1342 of title 31; and

(2) in the name of the Committee, accept, employ, and dispose of, in furtherance of this resolution, any money or property, real, personal, or mixed, tangible or nontangible, received by gift, devise, bequest, or otherwise.

July 11, 1949, ch. 302, §2, as added Nov. 7, 1988, Pub. L. 100–630, title III, §301(b)(3), 102 Stat. 3316.

§156 · National Freedom Day

The President of the United States is authorized to issue a proclamation designating the 1st day of February of each year as National Freedom Day for the purpose of commemorating the signing by President Abraham Lincoln, on February 1, 1865, of the joint resolution adopted by the Senate and the House of Representatives of the United States, proposing the thirteenth amendment to the Constitution of the United States of America.

June 30, 1948, ch. 755, 62 Stat. 1150.

§157 · Flag Day; designation; proclamation; observance

The 14th day of June of each year is hereby designated as “Flag Day”, and the President of the United States is authorized and requested to issue annually a proclamation calling upon officials of the Government to display the flag of the United States on all Government buildings on such day, and urging the people to observe the day as the anniversary of the adoption on June 14, 1777, by the Continental Congress of the Stars and Stripes as the official flag of the United States of America.

Aug. 3, 1949, ch. 385, 63 Stat. 492.

§157a · National Flag Week

The President is authorized and requested to issue annually a proclamation designating the week in which June 14 occurs as National Flag Week, and calling upon all citizens to display the flag of the United States on those days.

Pub. L. 89–443, June 9, 1966, 80 Stat. 194.

§157b · Honor America Days

Congress declares the twenty-one days from Flag Day through Independence Day as a period to honor America, and further declares that there be public gatherings and activities at which the people of the United States can celebrate and honor their country in an appropriate manner.

Pub. L. 94–33, June 13, 1975, 89 Stat. 211.

§158 · Stephen Foster Memorial Day

The President of the United States is authorized to issue a proclamation designating January 13 of each year as Stephen Foster Memorial Day, and calling upon the people throughout the United States to observe such day with appropriate ceremonies, pilgrimages to his shrines, and musical programs featuring his compositions.

Oct. 27, 1951, ch. 593, 65 Stat. 659.

§159 · Constitution Week; designation; proclamation; observance

The President of the United States is authorized and requested to designate the period beginning September 17 and ending September 23 of each year as Constitution Week, and to issue annually a proclamation inviting the people of the United States to observe such week in schools, churches, and other suitable places with appropriate ceremonies and activities.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1262.

§143

Aug. 2, 1956, ch. 875, 70 Stat. 932.

§160 · National Defense Transportation Day; proclamation; designation; observance

The President of the United States is authorized and requested annually to issue a proclamation designating the third Friday of May of each year as National Defense Transportation Day, and urging the people of the United States, including labor, management, users, and investors, in all communities served by any of the various forms of transportation by land, by sea, and by air, to observe this occasion by appropriate ceremonies which will give full recognition to the importance to each and every community and the people thereof of our transportation system and the maintenance of its facilities in the most modern state of adequacy to serve our needs in times of peace and in national defense.

Pub. L. 85–32, May 16, 1957, 71 Stat. 30.

§161 · National Safe Boating Week

The President of the United States is authorized and requested to proclaim annually the the 

Pub. L. 85–445, June 4, 1958, 72 Stat. 179; Pub. L. 96–376, §9, Oct. 3, 1980, 94 Stat. 1510; Pub. L. 103–206, title III, §318(a), Dec. 20, 1993, 107 Stat. 2427.

§162 · Loyalty Day

The 1st day of May of each year is designated as Loyalty Day and is to be set aside as a special day for the reaffirmation of loyalty to the United States of America and for the recognition of the heritage of American freedom; and the President of the United States is authorized and requested to issue a proclamation calling upon officials of the Government to display the flag of the United States on all Government buildings on such day and inviting the people of the United States to observe such day, in schools and other suitable places, with appropriate ceremonies.

Pub. L. 85–529, July 18, 1958, 72 Stat. 369.

§163 · National Forest Products Week

The seven-day period beginning on the third Sunday of October in each year is designated as National Forest Products Week, and the President is requested to issue annually a proclamation calling upon the people of the United States to observe such week with appropriate ceremonies and activities.

Pub. L. 86–753, Sept. 13, 1960, 74 Stat. 898.

§164 · Law Day, U.S.A.; designation; proclamation; observance

The first day of May of each year is hereby designated as Law Day, U.S.A. It is set aside as a special day of celebration by the American people in appreciation of their liberties and the reaffirmation of their loyalty to the United States of America; of their rededication to the ideals of equality and justice under law in their relations with each other as well as with other nations; and for the cultivation of that respect for law that is so vital to the democratic way of life.

The President of the United States is authorized and requested to issue a proclamation calling upon all public officials to display the flag of the United States on all government buildings on such day and inviting the people of the United States to observe such day with suitable ceremonies and other appropriate ways, through public bodies and private organizations as well as in schools and other suitable places.

Pub. L. 87–20, Apr. 7, 1961, 75 Stat. 43.

§165 · National Poison Prevention Week

The President is authorized and requested to issue annually a proclamation designating the third week in March as National Poison Prevention Week, to aid in encouraging the American people to learn of the dangers of accidental poisoning and to take such preventive measures as are warranted by the seriousness of the danger.

Pub. L. 87–319, Sept. 26, 1961, 75 Stat. 681.

§166 · National Transportation Week

The President of the United States is requested and authorized to officially proclaim annually the week in May of each year in which falls the third Friday of that month as National Transportation Week, and to issue a proclamation inviting the people of the United States to observe such period with appropriate ceremonies and activities, as a tribute to the men and women who, night and day, move goods and people throughout our land.

Pub. L. 87–449, May 14, 1962, 76 Stat. 69.

§167 · Peace Officers Memorial Day

The President is authorized and requested to issue proclamations (1) designating May 15 of each year as Peace Officers Memorial Day in honor of the Federal, State, and municipal officers who have been killed or disabled in the line of duty, (2) directing the officials of the Government to display at halfstaff the flag of the United States on all Government buildings on such day, as provided by section 175(m) of this title, (3) designating in each year the calendar week during which such May 15 occurs as Police Week, in recognition of the service given by the men and women who, night and day, stand guard in our midst to protect us through enforcement of our laws, and (4) inviting the governments of the States and communities and the people of the United States to observe such day and week with appropriate ceremonies and activities, including the display at halfstaff of the flag of the United States.

Pub. L. 87–726, Oct. 1, 1962, 76 Stat. 676; Pub. L. 103–322, title XXXII, §320922(a), Sept. 13, 1994, 108 Stat. 2131.

§168 · National School Lunch Week

The seven-day period beginning on the second Sunday of October in each year is designated as National School Lunch Week, and the President is requested to issue annually a proclamation calling on the people of the United States to observe such week with appropriate ceremonies and activities.

Pub. L. 87–780, Oct. 9, 1962, 76 Stat. 779.

§169 · Wright Brothers Day

(a) Designation.—December 17 is Wright Brothers Day.

(b) Purpose.—Wright Brothers Day commemorates The 17th day of December of each year is hereby designated as “Wright Brothers Day”, in commemoration of the first successful flights in a heavier than air, mechanically propelled airplane, that which were made by Orville and Wilbur Wright on December 17, 1903, near Kitty Hawk, North Carolina.

(c) Proclamation.—The President is The President is authorized and requested to issue each year annually a proclamation inviting the people of the United States to observe Wright Brothers Day such day with appropriate ceremonies and activities.

Pub. L.

105–225, Aug. 12, 1998, 112 Stat. 1262.

Chapter 3. National Anthem, Motto, Floral Emblem, and March

§301 · National anthem

(a) Designation.—The 88–209, Dec. 17, 1963, 77 Stat. 402.

§169a · Save Your Vision Week

The President of the United States is authorized and requested to issue annually a proclamation designating the first week in March of each year as “Save Your Vision Week”, and inviting the Governors and mayors of State and local governments of the United States to issue similar proclamations. The President is further requested to consider including in such proclamation an invitation calling upon the press, radio, television, and other communications media, the health care professions and all other agencies and individuals concerned with programs for the improvement of vision to unite during such week in public activities to impress upon the people of the United States the importance of vision to their own welfare and that of our country, and to urge their support of programs to improve and protect the vision of Americans.

Pub. L. 88–242, Dec. 30, 1963, 77 Stat. 629.

§169b · American Heart Month

The President of the United States is authorized and requested to issue annually a proclamation (1) designating February as American Heart Month, (2) inviting the Governors of the States and territories of the United States to issue proclamations for like purposes, and (3) urging the people of the United States to give heed to the nationwide problem of the heart and blood vessel diseases, and to support all essential programs required to bring about its solution.

Pub. L. 88–254, Dec. 30, 1963, 77 Stat. 843.

§169c · Leif Erikson Day

The President of the United States is authorized to officially proclaim October 9 in each year as Leif Erikson Day.

Pub. L. 88–566, Sept. 2, 1964, 78 Stat. 849.

§169d · White Cane Safety Day

The President is hereby authorized to issue annually a proclamation designating October 15 as White Cane Safety Day and calling upon the people of the United States to observe such day with appropriate ceremonies and activities.

Pub. L. 88–628, Oct. 6, 1964, 78 Stat. 1003.

§169e · Steelmark Month

The month of May of each year is hereby designated as “Steelmark Month” in recognition of the tremendous contribution made by the steel industry in the United States to the national security and defense of our country. The President is requested to issue a proclamation calling upon all people of the United States for the observance of such month with appropriate proceedings and ceremonies.

Pub. L. 89–703, Nov. 2, 1966, 80 Stat. 1099.

§169f · National Hispanic Heritage Month

The President is hereby authorized and requested to issue annually a proclamation designating the 31-day period beginning September 15 and ending on October 15 as “National Hispanic Heritage Month” and calling upon the people of the United States, especially the educational community, to observe such month with appropriate ceremonies and activities.

Pub. L. 90–498, Sept. 17, 1968, 82 Stat. 848; Pub. L. 100–402, §1, Aug. 17, 1988, 102 Stat. 1012.

§169g · Memorial Day as day of prayer for permanent peace

The President is authorized and requested to issue a proclamation calling upon the people of the United States to observe each May 30, Memorial Day, by praying, each in accordance with his religious faith, for permanent peace; designating a period during such day in which all the people of the United States may unite in prayer for a permanent peace; calling upon all the people of the United States to unite in prayer at such time; and calling upon the newspapers, radio stations, and all other mediums of information to join in observing such day and period of prayer.

May 11, 1950, ch. 182, 64 Stat. 158.

§169h · National Day of Prayer

The President shall set aside and proclaim the first Thursday in May in each year as a National Day of Prayer, on which the people of the United States may turn to God in prayer and meditation at churches, in groups, and as individuals.

Apr. 17, 1952, ch. 216, 66 Stat. 64; May 5, 1988, Pub. L. 100–307, 102 Stat. 456.

§169i · Carl Garner Federal Lands Cleanup Day; designation, observation, etc.

The first Saturday after Labor Day of each year is designated as “Carl Garner Federal Lands Cleanup Day”. The President shall issue a proclamation calling upon the people of the United States to observe Carl Garner Federal Lands Cleanup Day with appropriate ceremonies, programs, and activities: Provided, however, That the activities associated with Carl Garner Federal Lands Cleanup Day may be undertaken in individual States on a day other than the first Saturday after Labor Day if the affected Federal land managers determine that because of climatological or other factors, an alternative date is more appropriate.

Pub. L. 99–402, §3, Aug. 27, 1986, 100 Stat. 910; Pub. L. 104–333, div. I, title VIII, §806, Nov. 12, 1996, 110 Stat. 4188.

§169i–1 · Federal participation in Carl Garner Federal Lands Cleanup Day

(a) Federal land management agencies; duties; definition

(1) In order to observe Carl Garner Federal Lands Cleanup Day at the Federal level, each Federal land management agency shall organize, coordinate, and participate with citizen volunteers and State and local agencies in cleaning and providing for the maintenance of Federal public lands, recreation areas, and waterways within the jurisdiction of such agency.

(2) For purposes of this Act, the term “Federal land management agency” shall include—

(A) the Forest Service of the Department of Agriculture;

(B) the Bureau of Land Management of the Department of the Interior;

(C) the National Park Service of the Department of the Interior;

(D) the Fish and Wildlife Service of the Department of the Interior;

(E) the Bureau of Reclamation of the Department of the Interior; and

(F) the Army Corps of Engineers.

(b) Objectives; cooperation with State, county, and local agencies

Each Federal land management agency shall plan for and carry out activities on Carl Garner Federal Lands National Cleanup Day 

(1) encourage continuing public and private sector cooperation in preserving the beauty and safety of areas within the jurisdiction of such agency;

(2) increase citizens’ sense of ownership and community pride in such areas;

(3) reduce litter on Federal lands, along trails and waterways, and within such areas; and

(4) maintain and improve trails, recreation areas, waterways and facilities.

Such activities shall be held in cooperation with appropriate State, county, and local government agencies.

(c) Report to Congress

(1) Within ninety days following the first Carl Garner Federal Lands Cleanup Day occurring after August 27, 1986, each Federal land management agency shall provide a summary report to Congress briefly outlining the types of activities undertaken; the sites involved; the nature and extent of the volunteer involvement; the cost savings realized from the program and the overall success of such agency in observing Carl Garner Federal Lands Cleanup Day.

(2) Such reporting requirements shall remain in effect for two years after the submission of the first report.

Pub. L. 99–402, §4, Aug. 27, 1986, 100 Stat. 911; Pub. L. 104–333, div. I, title VIII, §806, Nov. 12, 1996, 110 Stat. 4188.

§169j · Martin Luther King, Jr., Federal legal holiday

The Congress finds that—

(1) January 20, 1986, marks the first observance of the Federal legal holiday, established by Public Law 98–144, honoring the birthday of Martin Luther King, Jr.;

(2) such holiday should serve as a time for Americans to reflect on the principles of racial equality and nonviolent social change espoused by Martin Luther King, Jr.; and

(3) it is appropriate for the Federal Government to coordinate efforts with Americans of diverse backgrounds and with private organizations in the observance of the Federal legal holiday honoring Martin Luther King, Jr.

Pub. L. 98–399, §1, Aug. 27, 1984, 98 Stat. 1473; Pub. L. 101–30, §2(b)(1), May 17, 1989, 103 Stat. 60.

§169j–1 · Martin Luther King, Jr. Federal Holiday Commission

There is established a commission to be known as the Martin Luther King, Jr. Federal Holiday Commission (hereinafter in this Act referred to as the “Commission”).

Pub. L. 98–399, §2, Aug. 27, 1984, 98 Stat. 1473.

§169j–2 · Purposes of Martin Luther King, Jr. Federal Holiday Commission

The purposes of the Commission are—

(1) to encourage appropriate ceremonies and activities (including service opportunities) throughout the United States relating to the observance of the Federal legal holiday honoring Martin Luther King, Jr., which occurs on the third Monday in January each year; and

(2) to provide advice and assistance to Federal, State, and local governments and to private organizations with respect to the observance of such holiday.

Pub. L. 98–399, §3, Aug. 27, 1984, 98 Stat. 1473; Pub. L. 99–284, §1(a), May 1, 1986, 100 Stat. 406; Pub. L. 101–30, §2(b)(2), May 17, 1989, 103 Stat. 60; Pub. L. 103–304, §2(1), Aug. 23, 1994, 108 Stat. 1565.

§169j–3 · Membership of Martin Luther King, Jr. Federal Holiday Commission

(a) Composition

The Commission shall be composed of—

(1) four officers from the executive branch, appointed by the President;

(2) four Members of the House of Representatives, appointed by the Speaker of the House of Representatives in consultation with the minority leader of the House of Representatives;

(3) four Senators, appointed by the President pro tempore of the Senate in consultation with the majority and minority leaders of the Senate;

(4) Coretta Scott King and two other members of the family surviving Martin Luther King, Jr., appointed by such family;

(5) two individuals representing the Martin Luther King, Jr. Center for Non-Violent Social Change (a not-for-profit organization incorporated in the State of Georgia), appointed by such organization;

(6) twenty-three individuals other than officers or employees of the United States or Members of Congress, appointed by the members of the Commission under paragraphs (1) through (5) of this subsection from among individuals representing diverse interest groups, including individuals representing labor, business, civil rights, and religious groups, and entertainers; and

(7) the Chief Executive Officer of the Corporation for National and Community Service, appointed under section 12651c of title 42.

(b) Political party

Not more than half of the members of the Commission appointed under each of paragraphs (2), (3), (5), and (6) of subsection (a) of this section shall be of the same political party.

(c) Appointments; vacancies

(1) Except as provided in paragraphs (2) and (3), members of the Commission shall be appointed not later than June 1 of each year for terms of 1 year, and any vacancy in the Commission shall be filled in the manner in which the original appointment was made. Any vacancy in the Commission shall not affect its powers.

(2) Coretta Scott King shall serve as a member for life. In the event of a vacancy, her position on the Commission shall be filled by a member of the family surviving Martin Luther King, Jr., not already a member of the Commission, who shall be appointed by the family and shall serve as a member of the Commission at the discretion of the family.

(3) The 2 members of the Commission appointed as members of the family surviving Martin Luther King, Jr., shall serve as members of the Commission at the discretion of the family.

(d) Compensation

Members of the Commission shall serve without pay, but may, subject to the availability of sufficient funds, be allowed travel expenses, including per diem in lieu of subsistence, while away from their homes or regular places of business in the performance of services for the Commission.

Pub. L. 98–399, §4, Aug. 27, 1984, 98 Stat. 1473; Pub. L. 99–284, §2, May 1, 1986, 100 Stat. 406; Pub. L. 101–30, §§3(a), 6(b)(1), May 17, 1989, 103 Stat. 60, 61; Pub. L. 103–304, §2(2), Aug. 23, 1994, 108 Stat. 1565.

§169j–4 · Operations of Martin Luther King, Jr. Federal Holiday Commission

(a) Meetings

The Commission shall first meet within 30 days after August 27, 1984. At this first meeting the Commission shall elect a chairperson from among its members and shall meet thereafter at the call of the chairperson.

(b) Donations

The Commission may encourage the participation of, and accept, use, and dispose of donations of money, property, and personal services from, individuals and public and private organizations to assist the Commission in carrying out its responsibilities under this Act.

Pub. L. 98–399, §5, Aug. 27, 1984, 98 Stat. 1474; Pub. L. 101–30, §7, May 17, 1989, 103 Stat. 61.

§169j–5 · Activities of Martin Luther King, Jr. Federal Holiday Commission

(a) Director and staff

The Commission may appoint a director and a staff of not more than five persons, without regard to the provisions of title 5 governing appointments in the competitive service. Subject to the availability of sufficient funds, the Commission shall set the rates of pay for the director and staff, except that the director may not be paid at a rate in excess of the rate of pay for level IV of the Executive Schedule under section 5315 of title 5, and no staff member may be paid at a rate in excess of the maximum rate of pay payable for grade GS–13 of such General Schedule.

(b) Assistance and cooperation of Federal agencies

(1) Upon the request of the Commission, the head of any department or agency of the United States may detail, on a nonreimbursable basis, any of the personnel of such department or agency to the Commission to assist it in carrying out its responsibilities under this Act. A person who has been detailed under the preceding sentence for as many as 365 days (continuously or intermittently) may not subsequently be detailed to the Commission.

(2) Each head of such department or agency is authorized to cooperate with and assist the Commission in carrying out its responsibilities under this Act.

(c) Restrictions on Commission activities

In carrying out the responsibilities of the Commission under this Act, the Commission shall not make any expenditures, or receive or utilize any assistance in the form of the use of office space, personnel, or any other assistance authorized under subsection (b) of this section, for any of the following purposes—

(A) 

(i) the organization or implementation of campaigns to protest social conditions, and

(ii) any form of civil disobedience.

Pub. L. 98–399, §6, Aug. 27, 1984, 98 Stat. 1474; Pub. L. 101–30, §§4, 6(b)(2), May 17, 1989, 103 Stat. 61; Pub. L. 103–304, §2(3)(A), (B), Aug. 23, 1994, 108 Stat. 1565.

§169j–6 · Authorization of appropriations

There are authorized to be appropriated to carry out this Act—

(1) $300,000 for fiscal year 1995;

(2) $350,000 for fiscal year 1996;

(3) $400,000 for fiscal year 1997;

(4) $450,000 for fiscal year 1998; and

(5) $500,000 for fiscal year 1999.

Pub. L. 98–399, §7, Aug. 27, 1984, 98 Stat. 1474; Pub. L. 101–30, §6(a), May 17, 1989, 103 Stat. 61; Pub. L. 103–304, §2(4), Aug. 23, 1994, 108 Stat. 1565.

§169j–7 · Commission report

(a) In general

Not later than April 20 of each year, the Commission shall submit a report to the President and the Congress concerning its activities under this Act or under the National and Community Service Act of 1990 [42 U.S.C. 12501 et seq.].

(b) Analysis required

The Commission shall include in its annual report—

(1) a detailed description of all activities undertaken by the Commission;

(2) an analysis of the spending practices of the Commission indicating how much of the funds of the Commission are dedicated to salaries, travel expenses, and other overhead costs and how much are dedicated to the stated goals of the Commission; and

(3) a detailed description of any grants made by the Corporation for National and Community Service with the consultation of the Commission.

Pub. L. 98–399, §8, Aug. 27, 1984, 98 Stat. 1475; Pub. L. 99–284, §1(b), May 1, 1986, 100 Stat. 406; Pub. L. 101–30, §5, May 17, 1989, 103 Stat. 61; Pub. L. 103–304, §2(5), Aug. 23, 1994, 108 Stat. 1566.

§169j–8 · Continuation of existence of Martin Luther King, Jr. Federal Holiday Commission

The Commission shall continue in existence until September 30, 1999.

Pub. L. 98–399, §9, Aug. 27, 1984, 98 Stat. 1475; Pub. L. 99–284, §1(c), May 1, 1986, 100 Stat. 406; Pub. L. 101–30, §2(a), May 17, 1989, 103 Stat. 60; Pub. L. 103–304, §2(6), Aug. 23, 1994, 108 Stat. 1566.

§169j–9 · Limitations on spending

None of the funds appropriated or donated to the Commission may be used for the purpose of purchasing first class air travel or first class hotel accommodations.

Pub. L. 98–399, §10, as added Pub. L. 103–304, §2(7), Aug. 23, 1994, 108 Stat. 1566.

§169j–10 · Accounting procedures

The Commission shall follow a comprehensive basis of accounting, as defined by the Comptroller General in B–255473. The Commission shall establish an accounting system for review by the Comptroller General under section 3512 of title 31. The Comptroller General is authorized to review and audit the Commission, its programs, activities, operations, and financial transactions. The Comptroller General, and his agents, shall have access to all records, files, documents, and papers of the Commission, as necessary, to accomplish such audits.

Pub. L. 98–399, §11, as added Pub. L. 103–304, §2(8), Aug. 23, 1994, 108 Stat. 1566.

§169k · Asian/Pacific American Heritage Month

(a) Designation

May of each year is designated as “Asian/Pacific American Heritage Month”.

(b) Federal proclamation

The President is authorized and requested to issue annually a proclamation calling on the people of the United States to observe the month designated in subsection (a) of this section with appropriate programs, ceremonies and activities.

(c) State proclamations

The chief executive officer of each State is requested to issue annually a proclamation calling on the people of the State to observe the month designated in subsection (a) of this section with appropriate programs, ceremonies and activities.

(d) “State” defined

For purposes of subsection (c) of this section, the term “State” means any of the several States, the District of Columbia, the Virgin Islands of the United States, the Commonwealth of Puerto Rico, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, and Palau.

Pub. L. 102–450, §2, Oct. 23, 1992, 106 Stat. 2251.

§169l · National Pearl Harbor Remembrance Day

December 7 of each year is designated as “National Pearl Harbor Remembrance Day” and the President is authorized and requested—

(1) to issue annually a proclamation calling on the people of the United States to observe the day with appropriate ceremonies and activities; and

(2) to urge all Federal agencies, and interested organizations, groups, and individuals, to fly the flag of the United States at halfstaff each December 7 in honor of the individuals who died as a result of their service at Pearl Harbor.

Pub. L. 103–308, Aug. 23, 1994, 108 Stat. 1669.

§169m · National Korean War Veterans Armistice Day

July 27 of each year until the year 2003 is designated as “National Korean War Veterans Armistice Day”, and the President is authorized and requested to issue a proclamation calling upon the people of the United States to observe such day with appropriate ceremonies and activities, and to urge the departments and agencies of the United States and interested organizations, groups, and individuals to fly the American flag at half staff on July 27 of each year until the year 2003 in honor of the Americans who died as a result of their service in Korea.

Pub. L. 104–19, title II, §2005, July 27, 1995, 109 Stat. 247.

Chapter 10. Patriotic Customs

§170 · National anthem; Star-Spangled Banner

The

composition consisting of the words and music known as the The Star-Spangled Banner is

the national anthem.(b) Conduct During Playing.—During a designated the national anthem of the United States of America.

Mar. 3, 1931, ch. 436, 46 Stat. 1508.

§171 · Conduct during playing

During

rendition of the national

anthem—(1)

anthem when the flag is

displayed—(A)

displayed, all present except those in uniform should stand at attention facing the flag with the right hand over the

heart;(B) men

heart. Men not in uniform should remove their headdress with their right hand and hold the headdress it at the left shoulder, the hand being over the

heart; and(C) individuals

heart. Persons in uniform should give render the military salute at the first note of the anthem and maintain that retain this position until the last

note; and(2) when

note. When the flag is not displayed, all those present should face toward the music and act in the same manner they would if the flag were

displayed.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1263.

§302 displayed there.

June 22, 1942, ch. 435, §6, 56 Stat. 380; Dec. 22, 1942, ch. 806, §6, 56 Stat. 1077; July 7, 1976, Pub. L. 94–344, §1(18), 90 Stat. 812.

§172 · Pledge of allegiance to the flag; manner of delivery

The Pledge of Allegiance to the Flag, “I pledge allegiance to the Flag of the United States of America, and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all.”, should be rendered by standing at attention facing the flag with the right hand over the heart. When not in uniform men should remove their headdress with their right hand and hold it at the left shoulder, the hand being over the heart. Persons in uniform should remain silent, face the flag, and render the military salute.

June 22, 1942, ch. 435, §7, 56 Stat. 380; Dec. 22, 1942, ch. 806, §7, 56 Stat. 1077; Dec. 28, 1945, ch. 607, 59 Stat. 668; June 14, 1954, ch. 297, 68 Stat. 249; July 7, 1976, Pub. L. 94–344, §1(19), 90 Stat. 813.

§173 · Display and use of flag by civilians; codification of rules and customs; definition

The following codification of existing rules and customs pertaining to the display and use of the flag of the United States of America is established for the use of such civilians or civilian groups or organizations as may not be required to conform with regulations promulgated by one or more executive departments of the Government of the United States. The flag of the United States for the purpose of this chapter shall be defined according to sections 1 and 2 of title 4 and Executive Order 10834 issued pursuant thereto.

June 22, 1942, ch. 435, §1, 56 Stat. 377; Dec. 22, 1942, ch. 806, §1, 56 Stat. 1074; July 7, 1976, Pub. L. 94–344, §1(1), 90 Stat. 810.

§174 · Time and occasions for display

(a) Display on buildings and stationary flagstaffs in open; night display

It is the universal custom to display the flag only from sunrise to sunset on buildings and on stationary flagstaffs in the open. However, when a patriotic effect is desired, the flag may be displayed twenty-four hours a day if properly illuminated during the hours of darkness.

(b) Manner of hoisting

The flag should be hoisted briskly and lowered ceremoniously.

(c) Inclement weather

The flag should not be displayed on days when the weather is inclement, except when an all weather flag is displayed.

(d) Particular days of display

The flag should be displayed on all days, especially on New Year's Day, January 1; Inauguration Day, January 20; Lincoln's Birthday, February 12; Washington's Birthday, third Monday in February; Easter Sunday (variable); Mother's Day, second Sunday in May; Armed Forces Day, third Saturday in May; Memorial Day (half-staff until noon), the last Monday in May; Flag Day, June 14; Independence Day, July 4; Labor Day, first Monday in September; Constitution Day, September 17; Columbus Day, second Monday in October; Navy Day, October 27; Veterans Day, November 11; Thanksgiving Day, fourth Thursday in November; Christmas Day, December 25; and such other days as may be proclaimed by the President of the United States; the birthdays of States (date of admission); and on State holidays.

(e) Display on or near administration building of public institutions

The flag should be displayed daily on or near the main administration building of every public institution.

(f) Display in or near polling places

The flag should be displayed in or near every polling place on election days.

(g) Display in or near schoolhouses

The flag should be displayed during school days in or near every schoolhouse.

June 22, 1942, ch. 435, §2, 56 Stat. 378; Dec. 22, 1942, ch. 806, §2, 56 Stat. 1074; July 7, 1976, Pub. L. 94–344, §1(2)–(5), 90 Stat. 810.

§175 · Position and manner of display

The flag, when carried in a procession with another flag or flags, should be either on the marching right; that is, the flag's own right, or, if there is a line of other flags, in front of the center of that line.

(a) The flag should not be displayed on a float in a parade except from a staff, or as provided in subsection (i) of this section.

(b) The flag should not be draped over the hood, top, sides, or back of a vehicle or of a railroad train or a boat. When the flag is displayed on a motorcar, the staff shall be fixed firmly to the chassis or clamped to the right fender.

(c) No other flag or pennant should be placed above or, if on the same level, to the right of the flag of the United States of America, except during church services conducted by naval chaplains at sea, when the church pennant may be flown above the flag during church services for the personnel of the Navy. No person shall display the flag of the United Nations or any other national or international flag equal, above, or in a position of superior prominence or honor to, or in place of, the flag of the United States at any place within the United States or any Territory or possession thereof: Provided, That nothing in this section shall make unlawful the continuance of the practice heretofore followed of displaying the flag of the United Nations in a position of superior prominence or honor, and other national flags in positions of equal prominence or honor, with that of the flag of the United States at the headquarters of the United Nations.

(d) The flag of the United States of America, when it is displayed with another flag against a wall from crossed staffs, should be on the right, the flag's own right, and its staff should be in front of the staff of the other flag.

(e) The flag of the United States of America should be at the center and at the highest point of the group when a number of flags of States or localities or pennants of societies are grouped and displayed from staffs.

(f) When flags of States, cities, or localities, or pennants of societies are flown on the same halyard with the flag of the United States, the latter should always be at the peak. When the flags are flown from adjacent staffs, the flag of the United States should be hoisted first and lowered last. No such flag or pennant may be placed above the flag of the United States or to the United States flag's right.

(g) When flags of two or more nations are displayed, they are to be flown from separate staffs of the same height. The flags should be of approximately equal size. International usage forbids the display of the flag of one nation above that of another nation in time of peace.

(h) When the flag of the United States is displayed from a staff projecting horizontally or at an angle from the window sill, balcony, or front of a building, the union of the flag should be placed at the peak of the staff unless the flag is at half staff. When the flag is suspended over a sidewalk from a rope extending from a house to a pole at the edge of the sidewalk, the flag should be hoisted out, union first, from the building.

(i) When displayed either horizontally or vertically against a wall, the union should be uppermost and to the flag's own right, that is, to the observer's left. When displayed in a window, the flag should be displayed in the same way, with the union or blue field to the left of the observer in the street.

(j) When the flag is displayed over the middle of the street, it should be suspended vertically with the union to the north in an east and west street or to the east in a north and south street.

(k) When used on a speaker's platform, the flag, if displayed flat, should be displayed above and behind the speaker. When displayed from a staff in a church or public auditorium, the flag of the United States of America should hold the position of superior prominence, in advance of the audience, and in the position of honor at the clergyman's or speaker's right as he faces the audience. Any other flag so displayed should be placed on the left of the clergyman or speaker or to the right of the audience.

(l) The flag should form a distinctive feature of the ceremony of unveiling a statue or monument, but it should never be used as the covering for the statue or monument.

(m) The flag, when flown at half-staff, should be first hoisted to the peak for an instant and then lowered to the half-staff position. The flag should be again raised to the peak before it is lowered for the day. On Memorial Day the flag should be displayed at half-staff until noon only, then raised to the top of the staff. By order of the President, the flag shall be flown at half-staff upon the death of principal figures of the United States Government and the Governor of a State, territory, or possession, as a mark of respect to their memory. In the event of the death of other officials or foreign dignitaries, the flag is to be displayed at half-staff according to Presidential instructions or orders, or in accordance with recognized customs or practices not inconsistent with law. In the event of the death of a present or former official of the government of any State, territory, or possession of the United States, the Governor of that State, territory, or possession may proclaim that the National flag shall be flown at half-staff. The flag shall be flown at half-staff thirty days from the death of the President or a former President; ten days from the day of death of the Vice President, the Chief Justice or a retired Chief Justice of the United States, or the Speaker of the House of Representatives; from the day of death until interment of an Associate Justice of the Supreme Court, a Secretary of an executive or military department, a former Vice President, or the Governor of a State, territory, or possession; and on the day of death and the following day for a Member of Congress. The flag shall be flown at halfstaff on Peace Officers Memorial Day, unless that day is also Armed Forces Day. As used in this subsection—

(1) the term “half-staff” means the position of the flag when it is one-half the distance between the top and bottom of the staff;

(2) the term “executive or military department” means any agency listed under sections 101 and 102 of title 5; and

(3) the term “Member of Congress” means a Senator, a Representative, a Delegate, or the Resident Commissioner from Puerto Rico.

(n) When the flag is used to cover a casket, it should be so placed that the union is at the head and over the left shoulder. The flag should not be lowered into the grave or allowed to touch the ground.

(o) When the flag is suspended across a corridor or lobby in a building with only one main entrance, it should be suspended vertically with the union of the flag to the observer's left upon entering. If the building has more than one main entrance, the flag should be suspended vertically near the center of the corridor or lobby with the union to the north, when entrances are to the east and west or to the east when entrances are to the north and south. If there are entrances in more than two directions, the union should be to the east.

June 22, 1942, ch. 435, §3, 56 Stat. 378; Dec. 22, 1942, ch. 806, §3, 56 Stat. 1075; July 9, 1953, ch. 183, 67 Stat. 142; July 7, 1976, Pub. L. 94–344, §1(6)–(11), 90 Stat. 810, 811; Sept. 13, 1994, Pub. L. 103–322, title XXXII, §320922(b), 108 Stat. 2131.

§176 · Respect for flag

No disrespect should be shown to the flag of the United States of America; the flag should not be dipped to any person or thing. Regimental colors, State flags, and organization or institutional flags are to be dipped as a mark of honor.

(a) The flag should never be displayed with the union down, except as a signal of dire distress in instances of extreme danger to life or property.

(b) The flag should never touch anything beneath it, such as the ground, the floor, water, or merchandise.

(c) The flag should never be carried flat or horizontally, but always aloft and free.

(d) The flag should never be used as wearing apparel, bedding, or drapery. It should never be festooned, drawn back, nor up, in folds, but always allowed to fall free. Bunting of blue, white, and red, always arranged with the blue above, the white in the middle, and the red below, should be used for covering a speaker's desk, draping the front of the platform, and for decoration in general.

(e) The flag should never be fastened, displayed, used, or stored in such a manner as to permit it to be easily torn, soiled, or damaged in any way.

(f) The flag should never be used as a covering for a ceiling.

(g) The flag should never have placed upon it, nor on any part of it, nor attached to it any mark, insignia, letter, word, figure, design, picture, or drawing of any nature.

(h) The flag should never be used as a receptacle for receiving, holding, carrying, or delivering anything.

(i) The flag should never be used for advertising purposes in any manner whatsoever. It should not be embroidered on such articles as cushions or handkerchiefs and the like, printed or otherwise impressed on paper napkins or boxes or anything that is designed for temporary use and discard. Advertising signs should not be fastened to a staff or halyard from which the flag is flown.

(j) No part of the flag should ever be used as a costume or athletic uniform. However, a flag patch may be affixed to the uniform of military personnel, firemen, policemen, and members of patriotic organizations. The flag represents a living country and is itself considered a living thing. Therefore, the lapel flag pin being a replica, should be worn on the left lapel near the heart.

(k) The flag, when it is in such condition that it is no longer a fitting emblem for display, should be destroyed in a dignified way, preferably by burning.

June 22, 1942, ch. 435, §4, 56 Stat. 379; Dec. 22, 1942, ch. 806, §4, 56 Stat. 1076; July 7, 1976, Pub. L. 94–344, §1(12)–(16), 90 Stat. 812.

§177 · Conduct during hoisting, lowering or passing of flag

During the ceremony of hoisting or lowering the flag or when the flag is passing in a parade or in review, all persons present except those in uniform should face the flag and stand at attention with the right hand over the heart. Those present in uniform should render the military salute. When not in uniform, men should remove their headdress with their right hand and hold it at the left shoulder, the hand being over the heart. Aliens should stand at attention. The salute to the flag in a moving column should be rendered at the moment the flag passes.

June 22, 1942, ch. 435, §5, 56 Stat. 380; Dec. 22, 1942, ch. 806, §5, 56 Stat. 1077; July 7, 1976, Pub. L. 94–344, §1(17), 90 Stat. 812.

§178 · Modification of rules and customs by President

Any rule or custom pertaining to the display of the flag of the United States of America, set forth herein, may be altered, modified, or repealed, or additional rules with respect thereto may be prescribed, by the Commander in Chief of the Armed Forces of the United States, whenever he deems it to be appropriate or desirable; and any such alteration or additional rule shall be set forth in a proclamation.

June 22, 1942, ch. 435, §8, 56 Stat. 380; Dec. 22, 1942, ch. 806, §8, 56 Stat. 1077; July 7, 1976, Pub. L. 94–344, §1(20), 90 Stat. 813.

* * * * *

§179 · Design for service flag; persons entitled to display flag

The Secretary of Defense is authorized and directed to approve a design for a service flag, which flag may be displayed in a window of the place of residence of persons who are members of the immediate family of a person serving in the armed forces of the United States during any period of war or hostilities in which the Armed Forces of the United States may be engaged.

Oct. 17, 1942, ch. 615, §1, 56 Stat. 796; May 27, 1953, ch. 70, 67 Stat. 35.

§180 · Design for service lapel button; persons entitled to wear button

The Secretary of Defense is also authorized and directed to approve a design for a service lapel button, which button may be worn by members of the immediate family of a person serving in the armed forces of the United States during any period of war or hostilities in which the Armed Forces of the United States may be engaged.

Oct. 17, 1942, ch. 615, §2, 56 Stat. 796; May 27, 1953, ch. 70, 67 Stat. 35.

§181 · Approval of designs by Secretary of Defense; license to manufacture and sell; penalties

Upon the approval by the Secretary of Defense of the design for such service flag and service lapel button, he shall cause notice thereof, together with a description of the approved flag and button, to be published in the Federal Register. Thereafter any person may apply to the Secretary of Defense for a license to manufacture and sell the approved service flag, or the approved service lapel button, or both. Any person, firm, or corporation who manufactures any such service flag or service lapel button without having first obtained such a license, or otherwise violates sections 179 to 182 of this title, shall, upon conviction thereof, be fined not more than $1,000.

Oct. 17, 1942, ch. 615, §3, 56 Stat. 796; May 27, 1953, ch. 70, 67 Stat. 35.

§182 · Rules and regulations

The Secretary of Defense is authorized to make such rules and regulations as may be necessary to carry out the provisions of sections 179 to 182 of this title.

Oct. 17, 1942, ch. 615, §4, 56 Stat. 796; May 27, 1953, ch. 70, 67 Stat. 35.

§§182a to 182d · Repealed. Pub. L. 89–534, §2, Aug. 11, 1966, 80 Stat. 345

§§183, 184 · Repealed. Pub. L. 85–857, §14(84), Sept. 2, 1958, 72 Stat. 1272

§185 · Transferred

§186 · National motto

The national motto of the United States is declared to be “In God we

trust” is the national motto.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1263.

§303 trust.”

July 30, 1956, ch. 795, 70 Stat. 732.

§187 · National floral emblem

The flower commonly known as the rose is designated and adopted as the national floral

emblem.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1263.

§304 emblem of the United States of America, and the President of the United States is authorized and requested to declare such fact by proclamation.

Pub. L. 99–449, Oct. 7, 1986, 100 Stat. 1128.

§188 · National march

The composition by John Philip Sousa entitled “The Stars and Stripes Forever” is

the national march.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1263.

Chapter 5. Presidential Inaugural Ceremonies

§501 · Definitions

For purposes of this chapter—

(1) “Inaugural Committee” means the committee appointed by the President-elect to be in charge of the Presidential inaugural ceremony and functions and activities connected with the ceremony; and

(2) “inaugural period” means the period that includes the day on which the Presidential inaugural ceremony is held, the 5 calendar days immediately preceding that day, and the 4 calendar days immediately following that day.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1263.

§502 · Regulations, licenses, and registration tags

(a) Regulations and Licenses.—For each inaugural period, the Council of the District of Columbia shall—

(1) prescribe reasonable regulations necessary to preserve public order and protect life, health, and property;

(2) prescribe special regulations related to the standing, movement, and operation of vehicles; and

(3) grant special licenses to peddlers and vendors to sell merchandise in places the Council considers proper, subject to conditions and fees for the licenses the Council considers proper.

(b) Registration Tags.—The Mayor of the District of Columbia may issue, for any motor vehicle made available for the use of the Inaugural Committee, special registration tags, valid for not more than 90 days, designed to celebrate the inauguration of the President and Vice President.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1264.

§503 · Use of reservations, grounds, and public spaces

(a) Permit for Use.—With the approval of the officer having jurisdiction over any of the Federal reservations or grounds in the District of Columbia, the Secretary of the Interior may grant to the Inaugural Committee a permit to use the reservations or grounds during the inaugural period, including a reasonable time before and after the inaugural period. The Mayor of the District of Columbia may grant a similar permit to use public space under the Mayor's jurisdiction. Each permit granted under this subsection is subject to conditions the grantor of the permit prescribes.

(b) Reviewing Stands and Commercial Stands and Structures.—A reviewing stand or a stand or structure for the sale of merchandise, food, or drink may be built on public grounds in the District of Columbia only if approved by the Inaugural Committee and by the Secretary or the Mayor, as appropriate.

(c) Restoration After Inaugural Period.—After the inaugural period, the reservation, ground, or public space occupied by a stand or structure shall be restored promptly to its prior condition.

(d) Indemnification.—The Inaugural Committee shall indemnify and save harmless the District of Columbia and the appropriate department, agency, or instrumentality of the United States Government against any loss or damage to, and against any liability arising from the use of, the reservation, ground, or public space, by the Inaugural Committee or a licensee of the Inaugural Committee.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1264.

§504 · Installation and removal of electrical facilities

(a) Installation.—The Mayor of the District of Columbia may allow the Inaugural Committee to install suitable overhead conductors and electrical facilities, with adequate supports. The official in charge of a park or reservation in the District of Columbia in which it is necessary to place wires shall supervise the placing and removal of those wires.

(b) Removal.—The conductors and supports shall be removed not later than 5 days after the end of the inaugural period.

(c) Indemnification.—The United States Government and the District of Columbia may not incur any expense or damage from the installation, operation, or removal of a temporary overhead conductor or electrical facility. The Inaugural Committee shall indemnify and hold harmless the District of Columbia and the appropriate department, agency, or instrumentality of the Government against any loss or damage, and against any liability arising, from any act of the Inaugural Committee or any agent, licensee, servant, or employee of the Inaugural Committee in connection with the installation, operation, or removal of a temporary overhead conductor or electrical facility.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1264.

§505 · Extension of wires along parade routes

The Mayor of the District of Columbia, the Secretary of the Interior, and the Inaugural Committee may allow communications companies to extend overhead wires to places along a parade route that are considered convenient for use in connection with the parade and other inaugural purposes. The wires shall be removed not later than 10 days after the inaugural period ends.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1265.

§506 · Duration of regulations and licenses and publication of regulations

Regulations prescribed and licenses authorized under this chapter are effective only during the inaugural period. The regulations shall be published in at least one daily newspaper published in the District of Columbia. A penalty prescribed for violating such a regulation may not be enforced until 5 days after publication.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1265.

§507 · Application to other property

This chapter does not apply to the United States Capitol Buildings or Grounds or other property under the jurisdiction of Congress or a committee, commission, or officer of Congress. A service or facility authorized by or under this chapter is available for the property on request or approval of the joint committee of the Senate and House of Representatives appointed by the President of the Senate and the Speaker of the House of Representatives to arrange for the inauguration of the President-elect and the Vice President-elect.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1265.

§508 · Enforcement

The Mayor of the District of Columbia, or other official having jurisdiction in the premises, shall enforce this chapter, take necessary precautions to protect the public, and ensure that the pavement of any street, sidewalk, avenue, or alley disturbed or damaged is restored to its prior condition.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1265.

§509 · Penalty

A person violating a regulation prescribed under this chapter shall be fined under title 18 or imprisoned for not more than 30 days. A separate violation occurs under this section for each day the violation continues.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1265.

§510 · Authorization of appropriations

(a) Authorization.—Necessary amounts are authorized to be appropriated—

(1) to enable the Mayor of the District of Columbia to provide additional municipal services in the District of Columbia during the inaugural period, including—

(A) employment of personal services without regard to chapters 33 and 51 and subchapter III of chapter 53 of title 5;

(B) travel expenses of enforcement personnel, including sanitarians, from other jurisdictions;

(C) the hiring of the means of transportation;

(D) meals for policemen, firemen, and other municipal employees;

(E) the cost of removing and relocating streetcar loading platforms, construction, rent, maintenance, and expenses incident to the operation of temporary public comfort stations, first-aid stations, and information booths; and

(F) other incidental expenses in the discretion of the Mayor; and

(2) to enable the Secretary of the Interior to provide meals for the members of the United States Park Police during the inaugural period.

(b) Payment.—Amounts appropriated under—

(1) subsection (a)(1) of this section are payable in the same way as other appropriations for the expenses of the District of Columbia; and

(2) subsection (a)(2) of this section are payable in the same way as other appropriations for the expenses of the Department of the Interior.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1265.

Chapter 7. Federal Participation in Carl Garner Federal Lands Cleanup Day

§701 · Findings

Congress finds that—

(1) Federal lands, parks, recreation areas, and waterways provide recreational opportunities for millions of Americans each year;

(2) Federal lands administered by Federal land management agencies contain valuable wildlife, scenery, natural and historic features, and other resources which may be damaged by litter and misuse;

(3) it is in the best interest of the United States and its citizens to maintain and preserve the beauty, safety, and availability of these Federal lands;

(4) these Federal land management agencies have been

hereby designated as the

caretakers of these Federal lands and are responsible for maintaining and preserving those areas and facilities;

(5) there is great value in volunteer involvement in maintaining and preserving Federal lands for recreational use;

(6) the Federal land management agencies should be concerned with promoting a sense of pride and ownership among citizens toward these lands;

(7) the use of citizen volunteers in a national cleanup effort promotes these goals and encourages the thoughtful use of these Federal lands and facilities;

(8) the positive impact of annual cleanup events held at various recreation sites has already been proven by steadily declining levels of litter at these sites; and

(9) a national program for cleaning and maintaining Federal lands using volunteers will save millions of tax dollars.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1266.

§702 · Definition

For purposes of this chapter, “Federal land management agency” includes—

(1) the Forest Service of the Department of Agriculture;

(2) the Bureau of Land Management of the Department of the Interior;

(3) the National Park Service of the Department of the Interior;

(4) the Fish and Wildlife Service of the Department of the Interior;

(5) the Bureau of Reclamation of the Department of the Interior; and

(6) the Army Corps of Engineers.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1267.

§703 · Duties of Federal land management agency

To observe Carl Garner Federal Lands Cleanup Day at the Federal level, each Federal land management agency shall organize, coordinate, and participate with citizen volunteers and State and local authorities in cleaning and providing for the maintenance of Federal public land, recreation areas, and waterways within the jurisdiction of the agency.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1267.

§704 · Activities

In cooperation with appropriate State and local government authorities, each Federal land management agency shall plan for and carry out activities on Carl Garner Federal Lands Cleanup Day that—

(1) encourage continuing public and private sector cooperation in preserving the beauty and safety of areas within the jurisdiction of the agency;

(2) increase citizens’ sense of ownership and community pride in those areas;

(3) reduce litter on Federal lands, along trails and waterways, and within those areas; and

(4) maintain and improve trails, recreation areas, waterways, and facilities.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1267.

Chapter 9. Miscellaneous

§901 · Service flag and service lapel button

(a) Individuals Entitled To Display Service Flag.—A service flag approved by the Secretary of Defense may be displayed in a window of the place of residence of individuals who are members of the immediate family of an individual serving in the Armed Forces

national march of the United States

during any period of war or hostilities in which the Armed Forces of the United States are engaged.

(b) Individuals Entitled To Display Service Lapel Button.—A service lapel button approved by the Secretary may be worn by members of the immediate family of an individual serving in the Armed Forces of the United States during any period of war or hostilities in which the Armed Forces of the United States are engaged.

(c) License To Manufacture and Sell Service Flags and Service Lapel Buttons.—Any person may apply to the Secretary for a license to manufacture and sell the approved service flag, or the approved service lapel button, or both. Any person that manufactures a service flag or service lapel button without having first obtained a license, or otherwise violates this section is liable to the United States Government for a civil penalty of not more than $1,000.

(d) Regulations.—The Secretary may prescribe regulations necessary to carry out this section.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1267.

§902 · of America.

Pub. L. 100–186, Dec. 11, 1987, 101 Stat. 1286.

§189 · Recognition of National League of Families POW/MIA flag

(a) Designation.—The The National League of Families POW/MIA flag is hereby recognized officially and designated as the symbol of our Nation's concern and commitment to resolving as fully as possible the fates of Americans still prisoner, missing, missing and unaccounted for in Southeast Asia, thus ending the uncertainty for their families and the Nation.

(b) Required Display.—The

Pub. L. 101–355, §2, Aug. 10, 1990, 104 Stat. 416.

§189a · Display of POW/MIA flag

(a) Required display

The POW/MIA flag shall be displayed at the locations specified in subsection (d) (c) of this section on POW/MIA flag display days. The display serves—

Such display shall serve

(1) as the symbol of the Nation's concern and commitment to achieving the fullest possible accounting of Americans who, having been prisoners of war or missing in action, still remain unaccounted for; for, and

(2) as the symbol of the Nation's commitment to achieving the fullest possible accounting for Americans who in the future may become prisoners of war, missing in action, or otherwise unaccounted for as a result of hostile action.

(c) Days for Flag Display.—(1)

(b) Days for flag display

(1) For purposes of this section, POW/MIA flag display days are the following:

(A) Armed Forces Day, the third Saturday in May.

(B) Memorial Day, the last Monday in May.

(C) Flag Day, June 14.

(D) Independence Day, July 4.

(E) National POW/MIA Recognition Day.

(F) Veterans Day, November 11.

(2) In addition to the days specified in paragraph (1) of this subsection, (1), POW/MIA flag display days include—

(A) in the case of display at medical centers of the Department of Veterans Affairs (required by subsection (d)(7) (c)(7) of this section), any day on which the flag of the United States is displayed; and

(B) in the case of display at United States Postal Service post offices (required by subsection (d)(8) (c)(8) of this section), the last business day before a day specified in paragraph (1) that in any year is not itself a business day.

(d) Locations for Flag Display.—The

(c) Locations for flag display

The locations for the display of the POW/MIA flag under subsection (b) (a) of this section are the following:

(1) The Capitol.

(2) The White House.

(3) The Korean War Veterans Memorial and the Vietnam Veterans Memorial.

(4) Each national cemetery.

(5) The buildings containing the official office of—

(A) the Secretary of State;

(B) the Secretary of Defense;

(C) the Secretary of Veterans Affairs; and

(D) the Director of the Selective Service System.

(6) Each major military installation, as designated by the Secretary of Defense.

(7) Each medical center of the Department of Veterans Affairs.

(8) Each United States Postal Service post office.

(e) Coordination With Other Display Requirement.—Display

(d) Coordination with other display requirement

Display of the POW/MIA flag at the Capitol pursuant to subsection (d)(1) paragraph (1) of subsection (c) of this section is in addition to the display of that flag in the Rotunda of the Capitol pursuant to Senate Concurrent Resolution 5 of the 101st Congress, agreed to on February 22, 1989 (103 Stat. 2533).

(f) Display To Be in a Manner Visible to the Public.—Display

(e) Display to be in a manner visible to public

Display of the POW/MIA flag pursuant to this section shall be in a manner designed to ensure visibility to the public.

(g) Limitation.—This

(f) Limitation

This section may not be construed or applied so as to require any employee to report to work solely for the purpose of providing for the display of the POW/MIA flag.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1268; Pub. L. 105–354, §1(1), Nov. 3, 1998, 112 Stat. 3238.

Part B—United States Government Organizations Involved with Observances and Ceremonies

Chapter 21. American Battle Monuments Commission

§2101 · Membership

(a) Composition and Terms.—The American Battle Monuments Commission has not more than 11 members appointed by the President. The President also shall appoint one officer of the Regular Army to serve as secretary of the Commission. The members and secretary serve at the pleasure of the President. The President shall fill any vacancies that occur. Notwithstanding any other law, members of the Armed Forces may be appointed members of the Commission.

(b) Pay and Expenses.—The members of the Commission serve without compensation. However, the members of the Commission may receive, from an amount appropriated

(g) “POW/MIA flag” defined

As used in this section, the term “POW/MIA flag” means the National League of Families POW/MIA flag recognized officially and designated by section 189 of this title.

(h) Regulations for implementation

Not later than 180 days after November 18, 1997, the head of each department, agency, or other establishment responsible for a location specified in subsection (c) of this section (other than the Capitol) shall prescribe such regulations as necessary to carry out this

chapter or acquired by another authorized way—

(1) their actual expenses related to the work of the Commission;

(2) when in a travel status outside the continental United States, a per diem at the rate authorized to be paid for members of the uniformed services under section 405 of title 37, United States Code, instead of subsistence; and

(3) when in a travel status in the continental United States, a per diem at the rate authorized to be paid under sections 5702 and 5703 of title 5, United States Code, instead of subsistence.

(c) Expenses of Officers of Armed Forces Serving on Commission.—An officer of the Armed Forces serving as a member or as secretary of the Commission may be reimbursed for expenses when traveling on business of the Commission in the same way as civilian members of the Commission.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1269.

§2102 · Employment of personnel

(a) General.—Within the limits of an appropriation made to employ personnel, the American Battle Monuments Commission may employ personnel section.

(i) Procurement and distribution of flags

Not later than 30 days after November 18, 1997, the Administrator of General Services shall procure POW/MIA flags and distribute them as

necessary to carry out this

chapter. To ensure adequate care and maintenance of cemeteries, monuments, and memorials, the Commission, subject to the availability of appropriations, shall employ—

(1) at least 50 individuals in the competitive service (as defined in section 2102 of title 5, United States Code), of whom at least 43 shall be assigned to duty in foreign countries where the cemeteries, monuments, and memorials are located; and

(2) at least 348 individuals who are citizens of the countries where the cemeteries, monuments, and memorials are located.

(b) Detailed Personnel.—On request of the Commission, the heads of departments, agencies, and instrumentalities of the United States Government may make available to the Commission their personnel and facilities to assist in carrying out this chapter, and may expend for that purpose amounts appropriated to the department, agency, and instrumentality. The Commission shall reimburse the department, agency, or instrumentality for the pay and allowances of personnel made available to the Commission.

(c) Station Allowance for Officers Assigned to the Commission.—For officers of the Armed Forces assigned to the Commission, the same station allowance shall be authorized for serving at foreign stations as the Secretary of the Army has authorized for officers of the Army.

(d) Citizenship Requirement.—An individual may be employed as the superintendent, or as an assistant superintendent, of a cemetery operated by the Commission only if the individual is a citizen of the United States.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1269; Pub. L. 105–354, §1(2), Nov. 3, 1998, 112 Stat. 3239.

§2103 · Administrative

(a) General Authority.—Subject to appropriations made to carry out this chapter, the American Battle Monuments Commission may—

(1) acquire land or an interest in land in a foreign country to carry out the purposes of this chapter, or an executive order conferring duties and powers on the Commission, without submission to the Attorney General under section 355 of the Revised Statutes (40 U.S.C. 255);

(2) maintain, repair, and operate motor-propelled passenger-carrying vehicles and other property that another department, agency, or instrumentality of the United States Government provides to the Commission;

(3) establish offices in the District of Columbia and elsewhere in or outside the United States;

(4) rent office and garage space, which may be paid for in advance, in foreign countries; and

(5) procure printing, binding, engraving, lithographing, photographing, and typewriting, including the publication of information on United States activities, battlefields, memorials, and cemeteries with respect to which the Commission may exercise any duties and powers.

(b) Disposition of Land.—Under conditions and in the manner the Commission decides is proper, the Commission may dispose of land or an interest in land in a foreign country that the Commission acquires in connection with its work.

(c) Contracting Out.—Notwithstanding the requirements of existing laws or regulations, the Commission, under conditions the Commission decides are necessary and proper, may contract for work, supplies, materials, and equipment outside or for use outside the United States and engage the services of architects and other technical and professional personnel.

(d) Delegation.—Under conditions the Commission may prescribe, the Commission may delegate to its chairman, secretary, or officials in charge of any of its offices any of its authority it considers necessary and proper.

(e) Authority To Receive State, Local, or Private Amounts.—The Commission may receive State, local, or private amounts to carry out this chapter. The Commission shall deposit the amounts with the Treasurer of the United States. The Treasurer shall keep the amounts in separate accounts and shall disburse the amounts on vouchers approved by the chairman.

(f) Limitation on Use of Contributions.—The Commission may not obligate, withdraw, or expend amounts received as contributions before March 1, 1998.

(g) Statements to President.—The Commission shall transmit to the President on October 1 of each year a statement of all its financial and other transactions during the prior fiscal year.

(h) Financial Statements and Audits.—(1) The Commission shall have a system of financial controls to enable the Commission to comply with the requirements of paragraph (2) of this subsection and with section 2106(d)(4) of this title.

(2) The Commission shall—

(A) by March 1 of each year (beginning with 1998)—

(i) prepare a financial statement which covers all accounts and associated activities of the Commission for the prior fiscal year and is consistent with the requirements of section 3515 of title 31, United States Code; and

(ii) submit the financial statement, together with a narrative summary, to the Committees on Veterans’ Affairs of the Senate and House of Representatives; and

(B) obtain an audit by the Comptroller General of each financial statement prepared under subparagraph (A) of this paragraph, which shall be conducted in accordance with applicable generally accepted government auditing standards and shall be in lieu of any audit otherwise required by law.

(i) Disposition of Records and Archives.—When no longer required by the Commission, the records and archives of the Commission shall be deposited with the National Archives in accordance with section 2107 of title 44, United States Code.

(j) Seal.—The Commission shall have a seal that shall be judicially noticed.

(k) Disbursements Outside Continental United States.—Disbursements for expenditures outside the continental United States may be made by a special disbursing agent designated by the Commission under regulations it prescribes.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1270.

§2104 · Military cemeteries in foreign countries

When, as a result of combat operations, the Armed Forces establish military cemeteries in zones of operations outside the United States and the territories and possessions of the United States, the American Battle Monuments Commission and the Secretary of the Army, immediately on the cessation of hostilities, shall decide which of the cemeteries will become permanent cemeteries or, if they decide it is desirable, shall select new sites for the cemeteries at any other location. The Commission is solely responsible for the design and construction of the permanent cemeteries, and of all buildings, plantings, headstones, and other permanent improvements incidental to the cemeteries, except that—

(1) the Armed Forces are responsible for maintaining the permanent cemeteries until the Commission declares its readiness to assume the authorized administrative duties and powers;

(2) all construction undertaken by the Armed Forces in establishing and maintaining the cemetery prior to its transfer to the Commission shall be nonpermanent;

(3) burials and reburials by the Armed Forces shall be carried out in accordance with plans prepared by the Commission; and

(4) the Armed Forces have the right to re-enter a cemetery transferred to the Commission to exhume or re-inter a body if they decide it is necessary.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1271.

§2105 · Monuments built by the United States Government

(a) Memorials.—The American Battle Monuments Commission shall prepare plans and estimates to build suitable memorials commemorating the service of American Armed Forces, and shall build and maintain memorials in the United States and, as the Commission decides, at any place outside the United States where the Armed Forces have served since April 6, 1917.

(b) Architecture and Art.—The Commission shall build and maintain works of architecture and art in United States cemeteries located outside the United States and the territories and possessions of section.

Pub. L. 105–85, div. A, title X, §1082, Nov. 18, 1997, 111 Stat. 1917.

Chapter 11. Civil Air Patrol

§201 · Corporation created

The following-named persons, to wit: Harold F. Wood, of Alabama; J. M. Morris, of Arizona; Rex P. Hayes, of Arkansas; Bertrand Rhine, of California; J. A. Smethills, of Colorado; W. T. Gilbert, of Connecticut; William J. Simpson, of Delaware; Zack T. Mosley, of Florida; J. L. Dobbins, of Georgia; Leverett Davis, of Idaho; Gordon A. DaCosta, of Illinois; Walker W. Winslow, of Indiana; Don C. Johnston, of Iowa; J. Howard Wilcox, of Kansas; W. S. Rinehart, of Kentucky; Richard G. Jones, of Louisiana; Guy P. Gannett, of Maine; Edward R. Fenimore, of Maryland; John Shennett, of Massachusetts; Ray R. Baker, of Michigan; Clayton N. Wulff, of Minnesota; J. R. Dowd, of Mississippi; L. W. Greene, of Missouri; Roy W. Milligan, of Montana; Rudy C. Mueller, of Nebraska; Eugene H. Howell, of Nevada; John F. Brown, of New Hampshire; Frank D. Carvin, of New Jersey; Lewis W. Graham, of New Mexico; Stuart C. Welch, of New York; Frank E. Dawson, of North Carolina; Irven A. Myhra, of North Dakota; George A. Stone, of Ohio; W. H. Shockey, of Oklahoma; G. Robert Dodson, of Oregon; Phillip F. Neuweiler, of Pennsylvania; Norris W. Rakestraw, of Rhode Island; Dexter C. Martin, of South Carolina; James R. Barnett, of South Dakota; W. C. Whelen, of Tennessee; D. Harold Byrd, of Texas; Joseph D. Bergin, of Utah; William V. Mason, of Vermont; Allan C. Perkinson, of Virginia; E. R. Schiller, of Washington; Hubert H. Stark, of West Virginia; John F. Stratton, of Wisconsin; and Albert W. Dickinson, Junior, of Wyoming, and their associates and successors, are incorporated and declared to be a body corporate by the name of the Civil Air Patrol (hereinafter referred to as the “corporation”).

July 1, 1946, ch. 527, §1, 60 Stat. 346.

§202 · Objects and purposes of corporation

The objects and purposes of the corporation shall be—

(a) To provide an organization to encourage and aid American citizens in the contribution of their efforts, services, and resources in the development of aviation and in the maintenance of air supremacy, and to encourage and develop by example the voluntary contribution of private citizens to the public welfare;

(b) To provide aviation education and training especially to its senior and cadet members; to encourage and foster civil aviation in local communities and to provide an organization of private citizens with adequate facilities to assist in meeting local and national emergencies.

July 1, 1946, ch. 527, §2, 60 Stat. 346.

§203 · Membership

Eligibility for membership in the corporation and the rights and privileges of members shall be determined according to the constitution and bylaws of the corporation: Provided, That the original members shall consist of the present Civil Air Patrol membership, numbering more than one hundred thousand senior and cadet members.

July 1, 1946, ch. 527, §3, 60 Stat. 346.

§204 · Prohibition against issuance of stock or business activities; completion of organization

(a) The corporation shall have no power to issue capital stock or engage in business for pecuniary profit or gain, its objects and purposes being solely of a benevolent character and not for the pecuniary profit or gain of its members.

(b) The persons named in section 201 of this title, their associates, and successors are authorized to complete the organization of the corporation by the selection of officers, the adoption of a constitution and bylaws, the promulgation of rules or regulations that may be necessary for the accomplishment of the purposes of this corporation, and the doing of such other acts as may be necessary for such purposes.

July 1, 1946, ch. 527, §4, 60 Stat. 347.

§205 · Powers of corporation

The corporation shall have perpetual succession and power—

(a) To sue and be sued;

(b) To acquire, hold, mortgage, and dispose of such real and personal property as may be necessary for its corporate purposes;

(c) To accept gifts, legacies, and devises which will further the corporate purposes;

(d) To adopt and alter a corporate seal;

(e) To adopt and alter a constitution, bylaws, rules and regulations, not inconsistent with law;

(f) To establish and maintain offices for the conduct of the affairs of the corporation in the District of Columbia and in the several States and Territories of the United States;

(g) To do any and all acts and things necessary and proper to carry into effect the objects and purposes of the corporation.

July 1, 1946, ch. 527, §5, 60 Stat. 347.

§206 · Exclusive right to name, insignia, copyrights, emblems and badges

The corporation shall have the sole and exclusive right to the name “Civil Air Patrol” and to have and to use, in carrying out its purposes, all insignia, copyrights, emblems and badges, descriptive or designating marks, and words or phrases now or prior to July 1, 1946 used by the Civil Air Patrol in carrying out its program: Provided, however, That no powers or privileges herein granted shall interfere or conflict with established or vested rights.

July 1, 1946, ch. 527, §6, 60 Stat. 347.

§207 · Annual report

The corporation shall make and transmit to Congress each year a report of its proceedings and activities for the preceding calendar year.

July 1, 1946, ch. 527, §7, 60 Stat. 347.

§208 · Reservation of right to amend or repeal chapter

The right to alter, amend, or repeal this chapter is expressly reserved.

July 1, 1946, ch. 527, §8, 60 Stat. 347.

Chapter 12. Reserve Officers Association

§221 · Corporation created

The following-named persons, to wit, Colonel Clarence E. Barnes, Military Intelligence Reserve, Guthrie, Oklahoma; Colonel Henry G. Nulton, Infantry Reserve, 2 Broad Street, Elizabeth, New Jersey; Colonel Horace B. Hanson, Junior, Corps of Engineers Reserve, 700 Eighth Terrace, West Birmingham 4, Alabama; Brigadier General Donald B. Adams, Organized Reserve Corps, 391 Beachmont Drive, New Rochelle, New York; Commander John P. Bracken, United States Naval Reserve, 2107 Fidelity-Philadelphia Trust Building, Philadelphia 9, Pennsylvania; Captain Robert A. Hall, United States Marine Corps Reserve, 4229 Emerson Street, Dallas, Texas; Captain Jesse Draper, United States Naval Reserve, Grant Building, Atlanta, Georgia; Colonel Morris J. Brummer, United States Air Force Reserve, 2017 Mariposa Street, Fresno, California; Captain Milton Zacharias, United States Air Force Reserve, 241 North Broadview, Wichita, Kansas; Captain Richard L. Wynes, United States Air Force Reserve, 2360 Coates Street, Dubuque, Iowa; Lieutenant Colonel Thomas H. King, Judge Advocate Generals Corps, Reserve, 5024 Bradley Boulevard, Chevy Chase, Maryland; Major Guilford D. Cummings, Junior, Corps of Engineers Reserve, 2317 Stary Avenue, Schenectady, New York; Lieutenant Colonel Harry P. Abbott, Chaplain Reserve, 6510 Cautrell Road, Little Rock, Arkansas; Colonel Edward M. Silverberg, Dental Corps Reserve, 809 Republic Building, Denver 2, Colorado; Colonel Eugene P. Walters, Field Artillery Reserve, First Military Government Battalion, A.P.O. 154, care of Postmaster, New York, New York; Lieutenant Commander L. R. Smith, United States Naval Reserve, E. S. S.-INDGHQ–SCAP, A. P. O. 500, San Francisco, California; Colonel William H. Neblett, United States Air Force Reserve, 815 Fifteenth Street Northwest, Washington, District of Columbia; Brigadier General E. A. Evans, Organized Reserve Corps, 6336 Thirty-first Place Northwest, Washington, District of Columbia; Colonel C. M. Boyer, Honorary Reserve, 3518 South Utah Street, Fairlington, Virginia; Colonel John P. Oliver, Judge Advocates General Corps, Reserve, 4524 Fulton Avenue, Van Nuys, California; Colonel John T. Carlton, Armored Cavalry Reserve, 1617 Crestwood Drive, Alexandria, Virginia, their successors, and persons admitted to membership pursuant to the provisions of this chapter, are created a body corporate by the name of Reserve Officers Association of the United States (hereinafter referred to as the “corporation”), and by such name shall be known, and have perpetual succession and the powers, limitations, and restrictions contained in this chapter.

June 30, 1950, ch. 431, §1, 64 Stat. 312.

§222 · Completion of organization

A majority of the persons named in section 221 of this title and other persons selected from the membership of the Reserve Officers Association of the United States, an unincorporated association with national headquarters in the District of Columbia, met in national convention in Denver, Colorado, on June 16, 17, 18, and 19, 1948, and then and there, by and through duly elected delegates, adopted a national constitution and bylaws, elected national officers for such association, and did other acts and things necessary to the organization and continuance of the association. Such meeting in national convention, and the doing of such acts and things, on such dates, shall be held and considered to be a completion of the corporate organization of the Reserve Officers Association of the United States, the corporation created by this chapter.

June 30, 1950, ch. 431, §2, 64 Stat. 313.

§223 · Object and purpose of corporation

The object and purpose of the corporation shall be to support a military policy for

the United States that

are permanent cemeteries. The Secretary of Veterans Affairs shall maintain works of architecture and art built by the Commission in the National Cemetery Administration, as described in section 2400(b) of title 38.

(c) Control and Supervision of Materials, Design, and Building.—(1) The Commission shall control the materials and design and prescribe regulations for, and supervise the building of, all memorial monuments and buildings in United States cemeteries located outside the United States and the territories and possessions of the United States.

(2) The Commission shall control the design and prescribe regulations for the building of all memorial monuments and buildings commemorating the service of American Armed Forces that are built in a foreign country or political division of the foreign country that authorizes the Commission will provide adequate national security and to promote the development and execution thereof.

June 30, 1950, ch. 431, §3, 64 Stat. 313.

§224 · Powers of corporation

The corporation shall have perpetual succession and power—

(1) to sue and be sued;

(2) to acquire, hold, lease, and dispose of such real and personal property as may be necessary

to carry out

those duties and powers.

(d) Approval by National Commission of Fine Arts.—A design for a memorial must be approved by the National Commission of Fine Arts before the Commission can accept it.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1271; Pub. L. 105–368, title IV, §403(d)(1), Nov. 11, 1998, 112 Stat. 3339.

§2106 · War memorials not built by the corporate object and purpose;

(3) to accept gifts, legacies, and devises in furtherance of the corporate object and purpose;

(4) to adopt and alter a corporate seal;

(5) to adopt and alter a constitution and bylaws not inconsistent with the laws of the United States

Government

(a) Cooperation With Others.—The American Battle Monuments Commission may cooperate with citizens of the United States, States, municipalities, or associations desiring to build war memorials outside the continental limits of the United States in the way the Commission decides. An administrative agency of the United States Government may give assistance to build the memorial only if a plan for the memorial has been approved under this chapter.

(b) Control, Administration, and Maintenance of War Memorials.—(1) The Commission may assume responsibility for the control, administration, and maintenance of any war memorial built outside the United States by a citizen of the United States, a State, a political subdivision of a State, a governmental authority (except a department, agency, or instrumentality of the United States Government), a foreign agency, or a private association to commemorate the services of any of the Armed Forces in hostilities occurring since April 6, 1917, if—

(A) the memorial is not built on the territory of the applicable former enemy; and

(B) the sponsors of the memorial consent to the Commission assuming those responsibilities and transfer to the Commission all their rights and interests in the memorial.

(2) If reasonable effort fails to locate the sponsors of a memorial, the Commission may assume responsibility for the memorial under this subsection by agreement with the appropriate foreign authorities. A decision of the Commission to assume responsibility for a war memorial under this subsection is final.

(3) Sponsors of a war memorial for which the Commission assumes responsibility or of any State;

(6) to establish, regulate, and discontinue subordinate departmental subdivisions and local chapters;

(7) to adopt and alter emblems and badges;

(8) to publish a newspaper, magazine, or other publications; and

(9) to do any and all acts and things necessary and proper to carry out the object and purpose of the corporation.

June 30, 1950, ch. 431, §4, 64 Stat. 313.

§225 · Membership

Eligibility for membership in the corporation shall be determined according to the constitution and bylaws of the corporation.

June 30, 1950, ch. 431, §5, 64 Stat. 313.

§226 · Officers

Officers of the corporation shall be a president, three vice presidents, three junior vice presidents, three national executive committeemen, an executive director, a national treasurer, judge advocate, surgeon, chaplain, historian, public relations officer, and such other officers as may be determined in national convention by the corporation.

June 30, 1950, ch. 431, §6, 64 Stat. 313.

§227 · National executive committee

(a) Composition

The governing body of the corporation shall be a national executive committee consisting of the president, the last past president, three vice presidents, three junior vice presidents, three national executive committeemen, and the executive director. Each of such persons constituting the national executive committee, except the executive director, shall have one vote upon all matters determined by the committee.

(b) Election of national officers; tenure; appointments

The national officers of the corporation shall be elected at an annual national convention and shall hold office for one year or until their successors have been duly elected and qualified, except the executive director, the national treasurer, and the national public relations officer, who shall be appointed by the national executive committee. In the event of the death, inability to serve, or resignation of any member of the national executive committee, other than the last past president or the president, the vacancy shall be filled by the existing members of the national executive committee. Any person appointed by the committee to fill a vacancy shall serve until the next national convention when his successor shall be elected for the unexpired term, if any, caused by the vacancy. The national vice president of the same service as the president shall assume the duties and have the powers of the president in the event of his death, inability to serve, resignation, or absence.

(c) Composition of national convention

The national convention shall be composed of delegates elected by the various departments.

(d) Composition of initial national executive committee

The present national executive committee is composed of the following: Colonel Clarence E. Barnes, Military Intelligence Reserve, Guthrie, Oklahoma; Colonel William H. Neblett, United States Air Force Reserve, 815 Fifteenth Street Northwest, Washington, District of Columbia; Colonel Henry G. Nulton, Infantry Reserve, 2 Broad Street, Elizabeth, New Jersey; Commander John P. Bracken, United States Naval Reserve, 2107 Fidelity-Philadelphia Trust Building, Philadelphia 9, Pennsylvania; Colonel Morris J. Brummer, United States Air Force Reserve, 2017 Mariposa Street, Fresno, California; Colonel Horace B. Hanson, Junior, Corps of Engineers Reserve, 700 Eighth Terrace, West Birmingham 4, Alabama; Captain Robert A. Hall, United States Marine Corps Reserve, 4229 Emerson Street, Dallas, Texas; Captain Milton Zacharias, United States Air Force Reserve, 241 North Broadview, Wichita, Kansas; Brigadier General Donald B. Adams, Organized Reserve Corps, 391 Beachmont Drive, New Rochelle, New York; Captain Jesse Draper, United States Naval Reserve, Grant Building, Atlanta, Georgia; Captain Richard L. Wynes, United States Air Force Reserve, 2360 Coates Street, Dubuque, Iowa; and Brigadier General E. A. Evans, Organized Reserve Corps, 6336 Thirty-first Place Northwest, Washington, District of Columbia.

(e) Voting

In conducting the official business of any department or chapter each active member of such department or chapter shall have one vote.

June 30, 1950, ch. 431, §7, 64 Stat. 313.

§228 · Acquisition of assets and liabilities of existing association

The corporation may acquire any or all of the assets of the unincorporated association, known as the Reserve Officers Association of the United States, upon discharging or satisfactorily providing for the payment and discharge of all the liabilities of such unincorporated association.

June 30, 1950, ch. 431, §8, 64 Stat. 314.

§229 · Prohibition against issuance of stock or business activities

The corporation shall have no power to issue capital stock or to engage in business for pecuniary profit or gain.

June 30, 1950, ch. 431, §9, 64 Stat. 314.

§230 · Nonpolitical nature of corporation

The corporation, and its members and officers as such, shall not contribute to or otherwise support or assist any political party or candidate for elective public office.

June 30, 1950, ch. 431, §10, 64 Stat. 314.

§231 · Distribution of income or assets to members

No part of the income or assets of the corporation shall inure to any member or officer thereof, or be distributable to any such person except upon dissolution and final liquidation of the corporation when, after the discharge or satisfaction of all outstanding obligations and liabilities, the remaining assets of the corporation shall be divided equally among the then active members and officers.

June 30, 1950, ch. 431, §11, 64 Stat. 314.

§232 · Liability for acts of officers and agents

The corporation shall be liable for the acts of its officers and agents when acting within the scope of their authority.

June 30, 1950, ch. 431, §12, 64 Stat. 314.

§233 · Books and records; inspection

The corporation shall keep current and complete books and records of account and shall also keep minutes of the proceedings of the national conventions, the national executive committee, and the national council. It shall keep at its principal office a record of the names and addresses of its members entitled to vote. All books and records of the corporation may be inspected by any member or his agent or attorney for any proper purpose at any reasonable time.

June 30, 1950, ch. 431, §13, 64 Stat. 314.

§234 · Loans to officers; liability

The corporation shall not make any loans to its officers or members of the national executive committee. Any member of the national executive committee who votes for or assents to the making of a loan or advance to an officer of the corporation, and any officer who participates in the making of such a loan or advance, shall be jointly and severally liable to the corporation for the amount of such loan until the repayment thereof.

June 30, 1950, ch. 431, §14, 64 Stat. 314.

§235 · Repealed. Pub. L. 88–504, §4(12), Aug. 30, 1964, 78 Stat. 637

§236 · Headquarters; agent for service of process

The national headquarters of the corporation shall be located in the District of Columbia. The corporation shall maintain at all times in the District a designated agent authorized to accept service of legal process for the corporation. Notice to or service upon such agent shall be deemed to be notice to or service upon the corporation.

June 30, 1950, ch. 431, §16, 64 Stat. 315.

§237 · Agents for service of process

As a condition precedent to the exercise of any power or privilege granted or conferred under this chapter, the corporation shall file in the office of the secretary of state, or similar officer, in each State and in each Territory or possession of the United States, in which subordinate departments and local chapters are organized, the name and post office address of an authorized agent in such State upon whom legal process or demands against the corporation may be served.

June 30, 1950, ch. 431, §17, 64 Stat. 315.

§238 · Exclusive right to name, seals, emblems, and badges

The corporation and its subordinate departmental subdivisions and local chapters shall have the sole and exclusive right to have, and to use in carrying out its object and purpose, the name of “Reserve Officers Association of the United States” and such seals, emblems, and badges as the corporation may lawfully adopt.

June 30, 1950, ch. 431, §18, 64 Stat. 315.

§239 · Reservation of right to amend or repeal chapter

The right to alter, amend, or repeal this chapter is expressly reserved.

June 30, 1950, ch. 431, §19, 64 Stat. 315.

Chapter 13. National Academy of Sciences

§251 · Corporation created

Louis Agassiz, Massachusetts; J. H. Alexander, Maryland; S. Alexander, New Jersey; A. D. Bache, at large; F. B. Barnard, at large; J. G. Barnard, United States army, Massachusetts; W. H. C. Bartlett, United States Military Academy, Missouri; U. A. Boyden, Massachusetts; Alexis Caswell, Rhode Island; William Chauvenet, Missouri; J. H. C. Coffin, United States Naval Academy, Maine; J. A. Dahlgren, United States navy, Pennsylvania; J. D. Dana, Connecticut; Charles H. Davis, United States navy, Massachusetts; George Engelmann, St. Louis, Missouri; J. F. Frazer, Pennsylvania; Wolcott Gibbs, New York; J. M. Gilless, United States navy, District of Columbia; A. A. Gould, Massachusetts; B. A. Gould, Massachusetts; Asa Gray, Massachusetts; A. Guyot, New Jersey; James Hall, New York; Joseph Henry, at large; J. E. Hilgard, at large, Illinois; Edward Hitchcock, Massachusetts; J. S. Hubbard, United States naval observatory, Connecticut; A. A. Humphreys, United States army, Pennsylvania; J. L. Le Conte, United States army, Pennsylvania; J. Leidy, Pennsylvania; J. P. Lesley, Pennsylvania; M. F. Longstreth, Pennsylvania; D. H. Mahan, United States Military Academy, Virginia; J. S. Newberry, Ohio; H. A. Newton, Connecticut; Benjamin Peirce, Massachusetts; John Rodgers, United States navy, Indiana; Fairman Rogers, Pennsylvania; R. E. Rogers, Pennsylvania; W. B. Rogers, Massachusetts; L. M. Rutherford, New York; Joseph Saxton, at large; Benjamin Silliman, Connecticut; Benjamin Silliman, junior, Connecticut; Theodore Strong, New Jersey; John Torrey, New York; J. G. Totten, United States army, Connecticut; Joseph Winlock, United States Nautical Almanac, Kentucky; Jeffries Wyman, Massachusetts; J. D. Whitney, California, their associates and successors duly chosen, are incorporated, constituted, and declared to be a body corporate, by the name of the National Academy of Sciences.

Mar. 3, 1863, ch. 111, §1, 12 Stat. 806.

§252 · Powers of corporation

The National Academy of Sciences shall have power to make its own organization, including its constitution, by-laws, and rules and regulations; to fill all vacancies created by death, resignation, or otherwise; to provide for the election of foreign and domestic members, the division into classes, and all other matters needful or usual in such institution, and to report the same to Congress.

Mar. 3, 1863, ch. 111, §2, 12 Stat. 806; July 14, 1870, ch. 264, 16 Stat. 277.

§253 · Meeting; duties; expenses and compensation

The National Academy of Sciences shall hold an annual meeting at such place in the United States as may be designated, and the academy shall, whenever called upon by any department of the Government, investigate, examine, experiment, and report upon any subject of science or art, the actual expense of such investigations, examinations, experiments, and reports, to be paid from appropriations which may be made for the purpose, but the academy shall receive no compensation whatever for any services to the Government of the United States.

Mar. 3, 1863, ch. 111, §3, 12 Stat. 806.

§254 · Acquisition of property by devise, bequest, donation, or otherwise; limitation of real estate

The National Academy of Sciences, incorporated by this chapter, be, and the same is, authorized and empowered to receive, by devise, bequest, donation, or otherwise, either real or personal property, and to hold the same absolutely or in trust, and to invest, reinvest, and manage the same in accordance with the provisions of its constitution, and to apply said property and the income arising therefrom to the objects of its creation and according to the instructions of the donors: Provided, however, That the Congress may at any time limit the amount of real estate which may be acquired and the length of time the same may be held by said National Academy of Sciences.

June 20, 1884, ch. 107, 23 Stat. 50; May 27, 1914, ch. 101, §1, 38 Stat. 383.

Chapter 14. Future Farmers of America

§271 · Corporation created

The following persons: William T. Spanton, Washington, District of Columbia; Dudley M. Clements, College Park, Maryland; Herbert B. Swanson, Washington, District of Columbia; R. Edward Naugher, Arlington, Virginia; Elmer J. Johnson, Arlington, Virginia; Rodolph D. Anderson, Columbia, South Carolina; Earl H. Little, Concord, New Hampshire; Bert L. Brown, Olympia, Washington; and Ralph A. Howard, Columbus, Ohio, are created a body corporate by the name of Future Farmers of America (hereinafter referred to as the “corporation”) and by such name shall be known and have perpetual succession and the powers and limitations contained in this chapter.

Aug. 30, 1950, ch. 823, §1, 64 Stat. 563.

§272 · Completion of organization

The persons named in section 271 of this title are authorized to meet to complete the organization of the corporation by the selection of officers, the adoption of regulations and bylaws, and the doing of such other acts as may be necessary for such purpose.

Aug. 30, 1950, ch. 823, §2, 64 Stat. 563.

§273 · Objects and purposes of corporation

The objects and purposes of the corporation shall be—

(1) to create, foster, and assist subsidiary chapters composed of students and former students of vocational agriculture in public schools qualifying for Federal reimbursement under the Smith-Hughes Vocational Education Act or the Vocational Education Act of 1946, and associations of such chapters in the several States and Territories of the United States;

(2) to develop character, train for useful citizenship, and foster patriotism, and thereby to develop competent, aggressive rural and agricultural leadership;

(3) to create and nurture a love of country life by encouraging members to improve the farm home and its surroundings, to develop organized rural recreational activities, and to create more interest in the intelligent choice of farming occupations;

(4) to encourage the practice of thrift;

(5) to procure for and distribute to State associations, local chapters, and members all official Future Farmers of America supplies and equipment;

(6) to publish an official magazine and other publications for the members of the corporation;

(7) to strengthen the confidence of farm boys and young men in themselves and their work, to encourage members in the development of individual farming programs, and to promote their permanent establishment in farming by (a) encouraging improvement in scholarship; (b) providing prizes and awards to deserving students who have achieved distinction in vocational agriculture, including farm mechanics activities on a local, State, or national basis; and (c) assisting financially, through loans or grants, deserving students in all-day vocational agriculture classes and young farmers under thirty years of age who were former students in all-day vocational agriculture classes in becoming satisfactorily established in a farming occupation; and

(8) to cooperate with others, including State boards for vocational education, in accomplishing the above purposes; and to engage in such other activities, consistent with the foregoing purposes, determined by the governing body to be for the best interests of the corporation.

Aug. 30, 1950, ch. 823, §3, 64 Stat. 563.

§274 · Powers of corporation

The corporation shall have power—

(1) to sue and be sued, complain, and defend in any court of competent jurisdiction;

(2) to adopt, use, and alter a corporate seal;

(3) to choose such officers, managers, agents, and employees as the business of the corporation may require;

(4) to adopt and alter bylaws and regulations, not inconsistent with the laws of the United States or any State in which such corporation is to operate, for the management of its property and the regulation of its affairs, including the establishment and maintenance of local chapters and State associations of chapters;

(5) to contract and be contracted with;

(6) to take and hold by lease, gift, purchase, grant, devise, or bequest any property, real or personal, necessary for attaining the objects and accomplishing the purposes of the corporation, subject to applicable provisions of law of any State (A) governing the amount or kind of real and personal property which may be held by, or (B) otherwise limiting or controlling the ownership of real and personal property by, a corporation operating in such State;

(7) to transfer and convey real or personal property;

(8) to borrow money for the purposes of the corporation, issue bonds therefor, and secure the same by mortgage, subject to all applicable provisions of Federal or State law;

(9) to use the corporate funds to give prizes, awards, loans, and grants to deserving students and young farmers for the purposes set forth in section 273 of this title;

(10) to publish a magazine and other publications;

(11) to procure for and distribute to State associations, local chapters, and members all official Future Farmers of America supplies and equipment;

(12) to adopt emblems and badges; and

(13) to do any and all acts and things necessary and proper to carry out the objects and purposes of the corporation.

Aug. 30, 1950, ch. 823, §4, 64 Stat. 564.

§275 · Headquarters and principal office; territorial scope of activities; agent for service of process

The headquarters and principal offices of the corporation shall be located in the District of Columbia, but the activities of the corporation shall not be confined to that place but may be conducted throughout the various States, Territories, and possessions of the United States. The corporation shall maintain at all times in the District of Columbia a designated agent authorized to accept service of process for the corporation, such designation to be filed in the office of the clerk of the United States District Court for the District of Columbia. Notice to or service upon such agent, or mailed to the business address of such agent, shall be deemed sufficient notice or service upon the corporation.

Aug. 30, 1950, ch. 823, §5, 64 Stat. 565.

§276 · Membership; voting rights

Eligibility for membership in the corporation and the rights and privileges of members shall, except as provided in this chapter, be determined according to the bylaws of the corporation. In the conduct of official business of any local chapter each member shall have one vote. In the conduct of the official business of any State association each qualified delegate of a local chapter shall have one vote.

Aug. 30, 1950, ch. 823, §6, 64 Stat. 565.

§277 · National officers

(a) Composition

The national officers of the corporation shall be a student president, four student vice presidents (one from each of four regions of the United States established in the bylaws for purposes of administration of the corporation), a student secretary, an executive secretary, a treasurer, and a national advisor.

(b) Board of student officers

The national student officers of the corporation shall comprise a board of student officers. It shall be the duty of such board to advise and make recommendations to the board of directors with respect to the conduct of the activities and business of the corporation.

(c) Election

The national officers of the corporation shall be elected annually by a majority vote of the delegates assembled in the annual national convention from among qualified members of the corporation, except that the national advisor shall be the Secretary of Education, the executive secretary shall be a member of the Department of Education, and the treasurer shall be an employee or member of a State agency that directs or supervises a State program of agricultural education under the provisions of the Smith-Hughes Vocational Education Act or the Vocational Education Act of 1946.

(d) Vote at national convention

In the conduct of the business of the annual national convention each qualified delegate shall have one vote.

Aug. 30, 1950, ch. 823, §7, 64 Stat. 565; 1953 Reorg. Plan. No. 1, §§5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Oct. 17, 1979, Pub. L. 96–88, title III, §301(a)(1), (b)(2), title V, §507, 93 Stat. 677, 678, 692.

§278 · Board of directors

(a) Composition

The governing body of the corporation, which shall exercise the powers herein granted to the corporation, shall be a board of directors composed of: (1) the Secretary of Education, who shall act as chairman; (2) four staff members in the Department of Education; and (3) four State supervisors of agricultural education.

(b) Tenure

The terms of office of members of the board and the method of selection of such members, other than ex officio members, shall be prescribed by the bylaws of the corporation.

(c) Meetings

The board shall meet at least once each year at such time and place as may be prescribed by the bylaws. The annual report of the board shall be presented at such meeting. Special meetings of the board may be called at any time by the chairman.

(d) Governing committee

The board may designate the chairman and two members of his staff as a governing committee which, when the board is not in session, shall have and exercise the powers of the board subject to its direction and have the power to authorize the seal of the corporation to be affixed to all papers which may require it.

(e) Transition board

The board of directors which shall serve until the first board is selected as provided in this chapter shall be composed of the nine persons named in section 271 of this title.

Aug. 30, 1950, ch. 823, §8, 64 Stat. 565; 1953 Reorg. Plan. No. 1, §§5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Oct. 17, 1979, Pub. L. 96–88, title III, §301(a)(1), (b)(2), title V, §507, 93 Stat. 677, 678, 692.

§279 · Restrictions

(a) Distribution of income or assets to members

No part of the income or assets of the corporation shall inure to any member, officer, or director, or be distributable to any such person except upon dissolution and final liquidation of the corporation as provided in section 285 of this title.

(b) Loans

The corporation shall not make loans to its officers, directors, or employees. Any director who votes for or assents to the making of a loan to an officer, director, or employee of the corporation, and any officer who participates in the making of such a loan shall be jointly and severally liable to the corporation for the amount of such loan until the repayment thereof.

(c) Prizes, awards, grants, or loans to student officers and members meeting criteria

This section shall not preclude prizes, awards, grants, or loans to student officers and members meeting the criteria established by the board of directors for selecting recipients of such benefits.

Aug. 30, 1950, ch. 823, §9, 64 Stat. 566.

§280 · Nonpolitical nature of corporation

The corporation, and its members, officers, and directors, as such, shall not contribute to or otherwise support or assist any political party or candidate for elective public office.

Aug. 30, 1950, ch. 823, §10, 64 Stat. 566.

§281 · Liability for acts of officers and agents

The corporation shall be liable for the acts of its officers and agents when acting within the scope of their authority.

Aug. 30, 1950, ch. 823, §11, 64 Stat. 566.

§282 · Prohibition against issuance of stock or payment of dividends

The corporation shall have no power to issue any shares or stock, or to declare or pay any dividends, its objects and purposes being solely educational.

Aug. 30, 1950, ch. 823, §12, 64 Stat. 566.

§283 · Books and records; inspection

The corporation shall keep correct and complete books and records of account and shall also keep minutes of the proceedings of its members, the board of directors, and committees having any authority under the board of directors; and it shall also keep a record of the names and addresses of its members entitled to vote. All books and records of the corporation may be inspected by any member or his agent or attorney at any reasonable time.

Aug. 30, 1950, ch. 823, §13, 64 Stat. 566.

§284 · Repealed. Pub. L. 88–504, §4(13), Aug. 30, 1964, 78 Stat. 637

§285 · Use of assets on dissolution or liquidation

Upon final dissolution or liquidation of the corporation and after the discharge or satisfaction of all outstanding obligations and liabilities, the remaining assets of the corporation shall be used by the board of directors for the benefit of students of vocational agriculture, or be transferred to some recognized educational foundation.

Aug. 30, 1950, ch. 823, §15, 64 Stat. 566.

§286 · Exclusive right to name, emblems, seals, and badges

The corporation, and its duly authorized chapters and associations of chapters, shall have the sole and exclusive right to use the name of Future Farmers of America and the initials FFA as representing an agricultural membership organization and such seals, emblems, and badges as the corporation may lawfully adopt.

Aug. 30, 1950, ch. 823, §16, 64 Stat. 566.

§287 · Agents for service of process

As a condition precedent to the exercise of any power or privilege granted to the corporation under this chapter, the corporation shall file in the Office of the Secretary of State, or similar officer, in each State and in each Territory or possession of the United States in which subordinate associations or chapters are organized the name, and post office address of an authorized agent in such State, Territory, or possession upon whom legal process or demands against the corporation may be served.

Aug. 30, 1950, ch. 823, §17, 64 Stat. 567.

§288 · Availability of personnel, services, and facilities of Department of Education

The Secretary of Education is authorized to make available personnel, services, and facilities of the Department of Education requested by the board of directors of the corporation to administer or assist in the administration of the business and activities of the corporation. The personnel of the Department of Education shall not receive any compensation from the corporation for their services, except that travel and other legitimate expenses as defined by the Secretary of Education and approved by the board of directors of the corporation may be paid. The Secretary of Education is also authorized to cooperate with the State boards for vocational education to assist in the promotion of the activities of the corporation.

Aug. 30, 1950, ch. 823, §18, 64 Stat. 567; 1953 Reorg. Plan No. 1, §§5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Oct. 17, 1979, Pub. L. 96–88, title III, §301(a), (b)(2), title V, §507, 93 Stat. 677, 678, 692.

§289 · Acquisition of assets and liabilities of existing corporation

The corporation may acquire the assets of the Future Farmers of America, a corporation organized under the laws of the State of Virginia, and of the Future Farmers of America Foundation, Incorporated, a corporation organized under the laws of the District of Columbia, upon discharging or satisfactorily providing for the payment and discharge of all of the liabilities of such corporations.

Aug. 30, 1950, ch. 823, §19, 64 Stat. 567.

§290 · Effective date

The provisions of this chapter shall take effect on the filing, in the office of the clerk of the United States District Court for the District of Columbia of affidavits signed by the incorporators named in section 271 of this title to the effect that the Virginia corporation known as the Future Farmers of America has been dissolved in accordance with law, but only if such affidavits are filed within one year from August 30, 1950.

Aug. 30, 1950, ch. 823, §20, 64 Stat. 567.

§291 · Reservation of right to amend or repeal chapter

The right to alter, amend, or repeal this chapter is expressly reserved.

Aug. 30, 1950, ch. 823, §21, 64 Stat. 567.

Chapter 15. Military Chaplains Association of the United States of America

§311 · Corporation created

Alva J. Brasted, of Virginia; Henry Darlington, of New York; Simpson B. Daugherty, of Pennsylvania; Monroe Drew, Junior, of California; Clifford M. Drury, of California; Harold G. Elsam, of Illinois; Edward L. R. Elson, of California; Ira S. Ernst, of the District of Columbia; Joshua L. Goldberg, of New York; Augustus S. Goodyear, of New York; Cecil H. Lang, of Texas; Daniel Lynch, of Massachusetts; Arlington A. McCallum, of the District of Columbia; John W. McQueen, of Alabama; Cyrus W. Perry, of New York; Frederick C. Reynolds, of Maryland; George F. Rixey, of Missouri; Patrick J. Ryan, of California; Harris E. Starr, of Connecticut; Gustav Stearns, of Wisconsin; Edward J. Smith, of Iowa; Francis V. Sullivan, of Massachusetts; John M. Thomas, of Vermont; Edmund W. Weber, of Minnesota; Robert J. White, of Maine; Julian E. Yates, of the District of Columbia; Nils M. Ylvisaker, of Minnesota; and their successors, who are, or who may become, members of The Military Chaplains Association of the United States of America, a national association of chaplains and former chaplains of the armed services, and such national associations are created and declared to be a body corporate by the name of “The Military Chaplains Association of the United States of America”.

Sept. 20, 1950, ch. 956, §1, 64 Stat. 868.

§312 · Completion of organization

Said persons named in section 311 of this title, and such other persons as may be selected from among the membership of The Military Chaplains Association of the United States of America, a national association of chaplains and former chaplains of the armed services, are hereby authorized to meet to complete the organization of said corporation by the selection of officers, the adoption of a constitution and bylaws, and to do all other things necessary to carry into effect the provisions of this chapter, at which meeting any person duly accredited as a delegate from any area, State, or local chapter of the organization of the existing national association known as The Military Chaplains Association of the United States of America, shall be permitted to participate in the proceedings thereof.

Sept. 20, 1950, ch. 956, §2, 64 Stat. 868.

§313 · Purpose of corporation

The purpose of this corporation shall be:

(a) To safeguard and to strengthen the forces of faith and morality of our Nation; (b) to perpetuate and to deepen the bonds of understanding and friendship of our military service; (c) to preserve our spiritual influence and interest in all members and veterans of the armed forces; (d) to uphold the Constitution of the United States; and (e) to promote justice, peace, and good will.

Sept. 20, 1950, ch. 956, §3, 64 Stat. 868.

§314 · Powers of corporation

The corporation (a) shall have perpetual succession; (b) shall have power to make its own organization, including its constitution, bylaws, rules, and regulations; (c) may adopt a corporate seal and alter it at pleasure; (d) may establish and maintain offices for the conduct and transaction of its business; (e) may appoint or elect officers and agents; (f) may authorize the executive committee to conduct the business and exercise the powers of the corporation; (g) may publish a magazine or other publications; (h) may charge and collect membership dues, subscription fees, and receive contributions of money or property to be devoted to the carrying out of the purposes of the organization; (i) may acquire by purchase, devise, bequest, gift, or otherwise, and hold, encumber, convey, or otherwise dispose of, such real and personal property as may be necessary or appropriate for its corporate purposes; (j) may sue and be sued; and (k) generally may do any and all lawful acts necessary or appropriate to carry out the purposes for which the corporation is created.

Sept. 20, 1950, ch. 956, §4, 64 Stat. 868.

§315 · Acquisition of assets and liabilities of existing association

Said corporation may acquire any or all assets of the existing national association known as The Military Chaplains Association of the United States of America upon discharging or satisfactorily providing for the payment and discharge of all liabilities.

Sept. 20, 1950, ch. 956, §5, 64 Stat. 869.

§316 · Exclusive right to name

Said corporation and its area, State, and local chapters shall have the sole and exclusive right to have and to use in carrying out its purpose the name “The Military Chaplains Association of the United States of America”.

Sept. 20, 1950, ch. 956, §6, 64 Stat. 869.

§317 · Annual report

The corporation shall, on or before the 1st day of September in each year, transmit to Congress a report of its proceedings for the preceding calendar year. Such reports shall not be printed as public documents.

Sept. 20, 1950, ch. 956, §7, 64 Stat. 869; Aug. 30, 1964, Pub. L. 88–504, §4(14), 78 Stat. 637.

Chapter 16. American Society of International Law

§341 · Corporation created

The following persons, citizens of the United States and members of the executive council of the unincorporated association known as the American Society of International law, to wit: Manley O. Hudson, of Cambridge, Massachusetts, president of the said society; Dean G. Acheson, of Washington, District of Columbia, honorary president of the same; George A. Finch, of Chevy Chase, Maryland; Edwin D. Dickinson, of Philadelphia, Pennsylvania; and Philip C. Jessup, of New York, New York; vice presidents of the same; Philip Marshall Brown, of Washington, District of Columbia; Frederic R. Coudert, of New York, New York; William C. Dennis, of Richmond, Indiana; Charles G. Fenwick, of Washington, District of Columbia; Cordell Hull, of Washington, District of Columbia; Charles Cheney Hyde, of New York, New York; Robert H. Jackson, of McLean, Virginia; Arthur K. Kuhn, of New York, New York; George C. Marshall, of Leesburg, Virginia; Henry L. Stimson, of New York, New York; Elbert D. Thomas, of Salt Lake City, Utah; Charles Warren, of Washington, District of Columbia; George Grafton Wilson, of Cambridge, Massachusetts; and Lester H. Woolsey, of Chevy Chase, Maryland; honorary vice presidents of the said society; Edward Dumbauld, of Uniontown, Pennsylvania, secretary; and Edgar Turlington, of Chevy Chase, Maryland, treasurer of the same; Edward W. Allen, of Seattle, Washington; Mary Agnes Brown, of Washington, District of Columbia; Florence Brush, of Bronxville, New York; Kenneth S. Carlston, of Urbana, Illinois; Ben M. Cherrington, of Denver, Colorado; Percy E. Corbett, of New Haven Connecticut; Willard B. Cowles, of Lincoln, Nebraska; William S. Culbertson, of Washington, District of Columbia; John S. Dickey, of Hanover, New Hampshire; Alwyn V. Freeman, of Los Angeles, California; Ernest A. Gross, of Manhasset, New York; Stanley K. Hornbeck, of Washington, District of Columbia! A. Brunson MacChesney, of Chicago, Illinois; William Manger, of Washington, District of Columbia; Charles E. Martin, of Seattle, Washington; John Brown Mason, of Oberlin, Ohio; Myres S. McDougal, of New Haven, Connecticut; Hans J. Morgenthau, of Chicago, Illinois; Durward V. Sandifer, of Chevy Chase, Maryland; Francis B. Sayre, of Washington, District of Columbia; Carl B. Spaeth, of Palo Alto, California; Robert B. Stewart, of Medford, Massachusetts! and Albert C. F. Westphal, of Albuquerque, New Mexico; and such other persons as are now members of the said society, and their successors, are created and declared to be a body corporate, by the name of The American Society of International Law.

Sept. 20, 1950, ch. 958, §1, 64 Stat. 869.

§342 · Purposes of corporation; restrictions

The purposes of the corporation are and shall be to foster the study of international law and to promote the establishment and maintenance of international relations on the basis of law and justice. The corporation shall not be operated for profit, and no part of its income or assets shall inure to any of its members, or its officers or other members of its executive council, or be distributable thereto otherwise than upon dissolution or final liquidation of the corporation. The corporation, and its officers and other members of its executive council shall not, as such, contribute to or otherwise support or assist any political party or candidate for elective public office.

Sept. 20, 1950, ch. 958, §2, 64 Stat. 870.

§343 · Executive council; officers

The governing board of the corporation, subject to the directions of the corporation at its annual meetings and at such other meetings as may be called pursuant to the provisions of its constitution, bylaws, and regulations, hereinafter mentioned, shall be an executive council consisting of a president, an honorary president, a number of vice presidents and honorary vice presidents to be determined by the constitution of the corporation, a secretary, a treasurer, and not less than twenty-four additional persons. The officers of the corporation and one-third of the other members of the executive council shall be elected at each annual meeting of the corporation: Provided, however, That the executive council may be authorized by the constitution of the corporation to elect the secretary and the treasurer of the corporation for specified terms and to fill vacancies until the next annual meeting of the corporation. The number of members of the executive council shall initially be forty-four, and the members of the said council shall initially be the persons whose names and addresses are set forth in section 341 of this title.

Sept. 20, 1950, ch. 958, §3, 64 Stat. 870.

§344 · Principal office; territorial scope of activities

The corporation shall have its principal office in the District of Columbia and shall have the right to conduct its activities in the said District and at any other place or places in the United States.

Sept. 20, 1950, ch. 958, §4, 64 Stat. 871.

§345 · Powers of corporation

The corporation shall have succession by its corporate name and shall have power to sue and be sued, complain and defend in any court of competent jurisdiction; to adopt, use, and alter a corporate seal; to choose such officers, managers, and agents as its business may require; to adopt, amend, apply, and administer a constitution, bylaws, and regulations, not inconsistent with the laws of the United States of America or any State in which the corporation is to operate, for the management of its property and the regulation of its affairs; to contract and be contracted with; to take and hold by lease, gift, purchase, grant, devise, or bequest, in full title, in trust, or otherwise, any property, real or personal, necessary for attaining the objects and carrying into effect the purposes of the corporation, subject however, to applicable provisions of law of any State (A) governing the amount or kind of real and personal property which may be held by, or (B) otherwise limiting or controlling the ownership of real and personal property by a corporation operating in such State; to transfer and convey real or personal property; to borrow money for the purposes of the corporation, and issue bonds therefor, and secure the same by mortgage subject in every case to all applicable provisions of Federal or State laws; to publish a journal and other publications, and generally to do any and all such acts and things as may be necessary and proper in carrying into effect the purposes of the corporation.

Sept. 20, 1950, ch. 958, §5, 64 Stat. 871.

§346 · Liability for acts of officers and agents; agent for service of process

The corporation shall be liable for the acts of its officers and agents. It shall have in the District of Columbia at all times a designated agent authorized to accept service of process for the corporation; and notice to or service upon such agent, or mailed to the business address of such agent, shall be deemed notice to or service upon the corporation.

Sept. 20, 1950, ch. 958, §6, 64 Stat. 871.

§347 · Prohibition against issuance of stock, payment of dividends, or loans

The corporation shall not issue shares of stock, nor declare or pay dividends, nor make loans or advances to its officers or members of its executive council or any of them. Any member of its executive council who votes for or assents to the making of a loan or advance to an officer of the corporation or to a member of its executive council, and any officer or officers participating in the making of any such loan or advance, shall be jointly and severally liable to the corporation for the amount of such loan or advance until the repayment thereof.

Sept. 20, 1950, ch. 958, §7, 64 Stat. 871.

§348 · Books and records; inspection

The corporation shall keep correct and complete books and records of account. It shall also keep minutes of the proceedings of its members, executive council, and committees having any of the authority of the said council. It shall also keep at its principal office a record giving the names and addresses of its members entitled to vote. All books and records of the corporation may be inspected by any member or his agent or attorney, for any proper purpose, at any reasonable time.

Sept. 20, 1950, ch. 958, §8, 64 Stat. 872.

§349 · Repealed. Pub. L. 88–504, §4(15), Aug. 30, 1964, 78 Stat. 637

§350 · Duration of corporation

The duration of the corporation shall be perpetual.

Sept. 20, 1950, ch. 958, §10, 64 Stat. 872.

§351 · Acquisition of assets and liabilities of existing association

The corporation may and shall acquire all of the assets of the existing unincorporated association known as the American Society of International Law, subject to any liabilities and obligations of the said association.

Sept. 20, 1950, ch. 958, §11, 64 Stat. 872.

§352 · Reservation of right to amend or repeal chapter

The right to alter, repeal, or amend this chapter is expressly reserved to Congress.

Sept. 20, 1950, ch. 958, §12, 64 Stat. 872.

Chapter 17. United States Olympic Committee

Subchapter I—Corporation

§371 · Corporation created; principal offices; meetings

The following persons, to wit:

Avery Brundage, New York City, New York; Kenneth L. Wilson, Chicago, Illinois; Asa S. Bushnell, Princeton, New Jersey; Owen V. Van Camp, Chicago, Illinois; Gustavus T. Kirby, Bedford Hills, New York; John T. McGovern, New York City, New York; J. Lyman Bingham, Chicago, Illinois; Daniel J. Ferris, New York City, New York; Thomas J. Hamilton, Pittsburgh, Pennsylvania; Thomas W. Herren, Washington, District of Columbia; Willis O. Hunter, Los Angeles, California; Jeremiah T. Mahoney, New York City, New York; T. Nelson Metcalf, Chicago, Illinois; Charles L. Ornstein, New York City, New York; James A. Rhodes, Columbus, Ohio; Albert Sigal, Atherton, California; H. Jamison Swarts, Philadelphia, Pennsylvania; Albert F. Wheltle, Baltimore, Maryland; Robert A. Fetzer, Chapel Hill, North Carolina; Karl E. Leib, Iowa City, Iowa; Frank G. McCormick, Minneapolis, Minnesota; Alfred R. Masters, Stanford University, California; E. L. Romney, Salt Lake City, Utah; E. Joseph Aronoff, Washington, District of Columbia; Richard E. Cross, Detroit, Michigan; Charles L. Diehm, New York City, New York; Ralph Furey, New York City, New York; Harry D. Henshel, New York City, New York; John B. Kelly, Senior, Philadelphia, Pennsylvania; Richard C. Larkins, Columbus, Ohio; Fred C. Matthaei, Detroit, Michigan; Colonel Frederick R. Weber, West Point, New York; Hugh C. Willett, Los Angeles, California; Lawrence J. Johnson, Boston, Massachusetts; Patrick J. Kelly, New York City, New York; R. Max Ritter, Jenkintown, Pennsylvania; Fred L. Steers, Chicago, Illinois; Williard N. Greim, Denver, Colorado; General Douglas MacArthur, Tokyo, Japan; Joseph E. Raycroft, Princeton, New Jersey; Frederick W. Rubien, Manhasset, New York; John J. Raskob, New York City, New York; Frank P. Callahan, Schenectady, New York; William S. Haddock, Pittsburgh, Pennsylvania; J. W. Mitchell, Little Rock, Arkansas; William F. Bailey, High Point, North Carolina; Herman J. Fischer, Chicago, Illinois; R. J. H. Kiphuth, New Haven, Connecticut; Edward Rosenblum, Washington, District of Columbia; Ben York, West Palm Beach, Florida; Seymour Leiberman, Houston, Texas; Paul Jordan, Indianapolis, Indiana; Mrs. Lillian Y. Whiting, Des Moines, Iowa; A. Wood Hardin, New Albany, Indiana; Douglas F. Roby, Detroit, Michigan; Marion H. Miller, Kansas City, Missouri; Edwin F. Schaefer, Buffalo, New York; James A. Lee, Cleveland, Ohio; Robert C. Greenwade, Blackwell, Oklahoma; Charles Gevecker, St. Louis, Missouri; Roscoe C. Torrance, Seattle, Washington; Louis G. Wilke, Denver, Colorado; Doctor Barry J. Barrodale, Houma, Louisiana; Larry Houston, Los Angeles, California; C. W. Striet, Junior, Birmingham, Alabama; Norton G. Pritchett, Charlottesville, Virginia; Dernell Every, New York City, New York; Vaughn S. Blanchard, Detroit, Michigan; Major General Guy V. Henry, Chevy Chase, Maryland; George Edwards, Columbia, Missouri; John J. Fox, Larchmont, New York; Harold R. Gilbert, State College, Pennsylvania; Frank Small, Bayside, Long Island, New York; Colonel John T. Cole, Bell Haven, Alexandria, Virginia; Miguel de Capriles, Pleasantville, New York; Alexis Thompson, New York City, New York; Henry M. Beatty, Cleveland, Ohio; Roy E. Moore, New York City, New York; Mrs. Roberta Bonniwell, Philadelphia, Pennsylvania; Harry Hainsworth, Buffalo, New York; Major General William C. Rose, Washington, District of Columbia; Major General M. A. Edson, Montpelier, Vermont; Clifford Goes, New York City, New York; Joseph J. Barriskill, New York City, New York; Senator Peter J. Miller, Chicago, Illinois; Charles O. Roeser, Lansdowne, Pennsylvania; Mrs. Elsie Veits Jennings, New York City, New York; William C. Ackerman, Los Angeles, California; Robert J. Kane, Ithaca, New York; Mrs. Irvin Van Blarcom, Wichita, Kansas; Jay Ehret Mahoney, New York City, New York; John Terpak, York, Pennsylvania; Eric F. Pohl, San Antonio, Texas; Thomas F. Lennon, New York City, New York; Dietrich Wortmann, New York City, New York; Reaves E. Peters, Kansas City, Missouri; John M. Harmon, Boston, Massachusetts; George E. Little, New Brunswick, New Jersey; Arthur E. Eilers, St. Louis, Missouri; James H. Stewart, Dallas, Texas; Harry N. Keighley, Evanston, Illinois; Doctor G. Randolph Manning, New York City, New York; Harold T. Friermood, New York City, New York; Earl R. Yeomans, Philadelphia, Pennsylvania; and their associates and successors, are created a body corporate by the name of “United States Olympic Committee” (hereinafter referred to as the “Corporation”). The Corporation shall maintain its principal offices and national headquarters in such place in the United States as is determined by the Corporation, and may hold its annual and special meetings in such places as the Corporation shall determine.

Sept. 21, 1950, ch. 975, title I, §101, formerly §1, 64 Stat. 899; Aug. 10, 1964, Pub. L. 88–407, 78 Stat. 383; renumbered title I, §101, and amended Nov. 8, 1978, Pub. L. 95–606, §1(a), 92 Stat. 3045.

§372 · Completion of organization

A majority of the persons named in section 371 of this title, or their successors, are hereby authorized to meet to complete the organization of the Corporation by the adoption of a constitution and bylaws, the election of officers, and by doing all things necessary to carry into effect the provisions of this chapter.

Sept. 21, 1950, ch. 975, title I, §102, as added Nov. 8, 1978, Pub. L. 95–606, §1(b), 92 Stat. 3045.

§373 · Definitions

As used in this chapter, the term—

(1) “amateur athlete” means any athlete who meets the eligibility standards established by the national governing body for the sport in which the athlete competes;

(2) “amateur athletic competition” means a contest, game, meet, match, tournament, regatta, or other event in which amateur athletes compete;

(3) “amateur sports organization” means a not-for-profit corporation, club, federation, union, association, or other group organized in the United States which sponsors or arranges any amateur athletic competition;

(4) “Corporation” means the United States Olympic Committee;

(5) “international amateur athletic competition” means any amateur athletic competition between any athlete or athletes representing the United States, either individually or as part of a team, and any athletic or athletes representing any foreign country;

(6) “national governing body” means an amateur sports organization which is recognized by the Corporation in accordance with section 391 of this title; and

(7) “sanction” means a certificate of approval issued by a national governing body.

Sept. 21, 1950, ch. 975, title I, §103, as added Nov. 8, 1978, Pub. L. 95–606, §1(b), 92 Stat. 3045.

§374 · Objects and purposes of Corporation

The objects and purposes of the Corporation shall be to—

(1) establish national goals for amateur athletic activities and encourage the attainment of those goals;

(2) coordinate and develop amateur athletic activity in the United States directly relating to international amateur athletic competition, so as to foster productive working relationships among sports-related organizations;

(3) exercise exclusive jurisdiction, either directly or through its constituent members of committees, over all matters pertaining to the participation of the United States in the Olympic Games and in the Pan-American Games, including the representation of the United States in such games, and over the organization of the Olympic Games and the Pan-American Games when held in the United States;

(4) obtain for the United States, either directly or by delegation to the appropriate national governing body, the most competent amateur representation possible in each competition and event of the Olympic Games and of the Pan-American Games;

(5) promote and support amateur athletic activities involving the United States and foreign nations;

(6) promote and encourage physical fitness and public participation in amateur athletic activities;

(7) assist organizations and persons concerned with sports in the development of amateur athletic programs for amateur athletes;

(8) provide for the swift resolution of conflicts and disputes involving amateur athletes, national governing bodies, and amateur sports organizations, and protect the opportunity of any amateur athlete, coach, trainer, manager, administrator, or official to participate in amateur athletic competition;

(9) foster the development of amateur athletic facilities for use by amateur athletes and assist in making existing amateur athletic facilities available for use by amateur athletes;

(10) provide and coordinate technical information on physical training, equipment design, coaching, and performance analysis;

(11) encourage and support research, development, and dissemination of information in the areas of sports medicine and sports safety;

(12) encourage and provide assistance to amateur athletic activities for women;

(13) encourage and provide assistance to amateur athletic programs and competition for handicapped individuals, including, where feasible, the expansion of opportunities for meaningful participation by handicapped individuals in programs of athletic competition for able-bodied individuals; and

(14) encourage and provide assistance to amateur athletes of racial and ethnic minorities for the purpose of eliciting the participation of such minorities in amateur athletic activities in which they are underrepresented.

Sept. 21, 1950, ch. 975, title I, §104, as added Nov. 8, 1978, Pub. L. 95–606, §1(b), 92 Stat. 3046.

§375 · Powers of Corporation

(a) The Corporation shall have perpetual succession and power to—

(1) serve as the coordinating body for amateur athletic activity in the United States directly relating to international amateur athletic competition;

(2) represent the United States as its national Olympic committee in relations with the International Olympic Committee and the Pan-American Sports Organization;

(3) organize, finance, and control the representation of the United States in the competitions and events of the Olympic Games and of the Pan-American Games, and obtain, either directly or by delegation to the appropriate national governing body, amateur representation for such games;

(4) recognize eligible amateur sports organizations as national governing bodies for any sport which is included on the program of the Olympic Games or the Pan-American Games;

(5) facilitate, through orderly and effective administrative procedures, the resolution of conflicts or disputes which involve any of its members and any amateur athlete, coach, trainer, manager, administrator, official, national governing body, or amateur sports organization and which arise in connection with their eligibility for and participation in the Olympic Games, the Pan-American world championship competition, or other protected competition as defined in the constitution and bylaws of the Corporation;

(6) sue and be sued;

(7) make contracts;

(8) acquire, hold, and dispose of real and personal property as may be necessary for its corporate purposes;

(9) accept gifts, legacies, and devices in furtherance of its corporate purposes;

(10) borrow money to carry out its corporate purposes, issue notes, bonds, or other evidences of indebtedness therefor, and secure the same by mortgage, subject in each case to the laws of the United States or of any State;

(11) provide financial assistance to any organization or association, other than a corporation organized for profit, in furtherance of the purposes of the Corporation;

(12) approve and revoke membership in the Corporation;

(13) adopt and alter a corporate seal;

(14) establish and maintain offices for the conduct of the affairs of the Corporation;

(15) publish a newspaper, magazine, or other publication consistent with its corporate purposes; and

(16) do any and all acts and things necessary and proper to carry out the purposes of the Corporation.

(b) The Corporation shall adopt and may amend a constitution and bylaws not inconsistent with the laws of the United States or of any State, except that the Corporation may amend its constitution only if it—

(1) publishes in its principal publication a general notice of the proposed alteration of the constitution, including the substantive terms of the alteration, the time and place of the Corporation's regular meeting at which the alteration is to be decided, and a provision informing interested persons that they may submit materials as authorized in paragraph (2); and

(2) gives to all interested persons, prior to the adoption of any amendment, an opportunity to submit written data, views, or arguments concerning the proposed amendment for a period of at least 60 days after the date of publication of the notice.

Sept. 21, 1950, ch. 975, title I, §105, as added Nov. 8, 1978, Pub. L. 95–606, §1(b), 92 Stat. 3047.

§376 · Membership

(a) Eligibility for membership in the Corporation shall be determined in accordance with the constitution and bylaws of the Corporation.

(b) In its constitution and bylaws, the Corporation shall establish and maintain provisions with respect to its governance and the conduct of its affairs for reasonable representation of—

(1) amateur sports organizations recognized as national governing bodies in accordance with section 391 of this title;

(2) amateur athletes who are actively engaged in amateur athletic competition or who have represented the United States in international amateur athletic competition within the preceding 10 years;

(3) amateur sports organizations which conduct a national program or regular national amateur athletic competition in two or more sports which are included on the program of the Olympic Games or the Pan-American Games on a level of proficiency appropriate for the selection of amateur athletes to represent the United States in international amateur athletic competition; and

(4) individuals not affiliated or associated with any amateur sports organization who in the Corporation's judgment represent the interests of the American public in the activities of the Corporation.

Sept. 21, 1950, ch. 975, title I, §106, as added Nov. 8, 1978, Pub. L. 95–606, §1(b), 92 Stat. 3048.

§377 · Nonpolitical nature of Corporation

The Corporation shall be nonpolitical and, as an organization, shall not promote the candidacy of any person seeking public office.

Sept. 21, 1950, ch. 975, title I, §107, as added Nov. 8, 1978, Pub. L. 95–606, §1(b), 92 Stat. 3048.

§378 · Prohibition against issuance of stock or business activities

The Corporation shall have no power to issue capital stock or to engage in business for pecuniary profit or gain.

Sept. 21, 1950, ch. 975, title I, §108, as added Nov. 8, 1978, Pub. L. 95–606, §1(b), 92 Stat. 3048.

§379 · Acquisition of assets and liabilities of existing association

The Corporation may acquire any or all of the assets of the existing unincorporated association, known as “The United States Olympic Association”, upon discharging or satisfactorily providing for the payment and discharge of all the liabilities of such unincorporated association.

Sept. 21, 1950, ch. 975, title I, §109, as added Nov. 8, 1978, Pub. L. 95–606, §1(b), 92 Stat. 3048.

§380 · Use of Olympic symbols, emblems, trademarks and names

(a) Unauthorized use; civil action; lawful use prior to September 21, 1950

Without the consent of the Corporation, any person who uses for the purpose of trade, to induce the sale of any goods or services, or to promote any theatrical exhibition, athletic performance, or competition—

(1) the symbol of the International Olympic Committee, consisting of 5 interlocking rings;

(2) the emblem of the Corporation, consisting of an escutcheon having a blue chief and vertically extending red and white bars on the base with 5 interlocking rings displayed on the chief;

(3) any trademark, trade name, sign, symbol, or insignia falsely representing association with, or authorization by, the International Olympic Committee or the Corporation; or

(4) the words “Olympic”, “Olympiad”, “Citius Altius Fortius”, or any combination or simulation thereof tending to cause confusion, to cause mistake, to deceive, or to falsely suggest a connection with the Corporation or any Olympic activity;

shall be subject to suit in a civil action by the Corporation for the remedies provided in the Act of July 5, 1946 (60 Stat. 427; popularly known as the Trademark Act of 1946) [15 U.S.C. 1051 et seq.]. However, any person who actually used the emblem in subsection (a)(2) of this section, or the words, or any combination thereof, in subsection (a)(4) of this section for any lawful purpose prior to September 21, 1950, shall not be prohibited by this section from continuing such lawful use for the same purpose and for the same goods or services. In addition, any person who actually used, or whose assignor actually used, any other trademark, trade name, sign, symbol, or insignia described in subsections (a)(3) and (4) of this section for any lawful purpose prior to September 21, 1950 shall not be prohibited by this section from continuing such lawful use for the same purpose and for the same goods or services.

(b) Contributors and suppliers

The Corporation may authorize contributors and suppliers of goods or services to use the trade name of the Corporation as well as any trademark, symbol, insignia, or emblem of the International Olympic Committee or of the Corporation in advertising that the contributions, goods, or services were donated, supplied, or furnished to or for the use of, approved, selected, or used by the Corporation or United States Olympic or Pan-American team or team members.

(c) Exclusive right of Corporation

The Corporation shall have exclusive right to use the name “United States Olympic Committee”; the symbol described in subsection (a)(1) of this section; the emblem described in subsection (a)(2) of this section; and the words “Olympic”, “Olympiad”, “Citius Altius Fortius” or any combination thereof subject to the preexisting rights described in subsection (a) of this section.

Sept. 21, 1950, ch. 975, title I, §110, as added Nov. 8, 1978, Pub. L. 95–606, §1(b), 92 Stat. 3048.

§381 · Agents for service of process

As a condition precedent to the exercise of any power or privilege granted or conferred under this chapter, the Corporation shall file in the office of the secretary of state, or similar office, in each State the name and post-office address of an authorized agent of the Corporation in such State upon whom local process or demands against the Corporation may be served.

Sept. 21, 1950, ch. 975, title I, §111, as added Nov. 8, 1978, Pub. L. 95–606, §1(b), 92 Stat. 3049.

§382 · Reservation of right to amend or repeal chapter

The right to alter, amend, or repeal this chapter at any time is hereby expressly reserved.

Sept. 21, 1950, ch. 975, title I, §112, as added Nov. 8, 1978, Pub. L. 95–606, §1(b), 92 Stat. 3049.

§382a · Annual report to President and Congress on operations; report to Speaker of House and President of Senate on authorized grants

(a) The Corporation shall, on or before the first day of June in each year, transmit simultaneously to the President and to each House of Congress a detailed report of its operations for the preceding calendar year, including a full and complete statement of its receipts and expenditures and a comprehensive description of the activities and accomplishments of the Corporation during the preceding year. Copies of the report shall be made available by the Corporation to interested persons at a reasonable cost.

(b) The Corporation shall, on or before the first day of June in each year, transmit simultaneously to the Speaker of the House of Representatives and to the President of the Senate a detailed report of those grants authorized to the Corporation pursuant to the provisions of section 211 of the Act and a full and complete statement of the expenditures of such funds made available. The report shall be referred to the Committee on Appropriations of each House and shall include a detailed and comprehensive description of those programs which the Corporation anticipate 

Sept. 21, 1950, ch. 975, title I, §113, as added Nov. 8, 1978, Pub. L. 95–606, §1(b), 92 Stat. 3049.

§382b · Resolution of disputes

In its constitution and bylaws, the Corporation shall establish and maintain provisions for the swift and equitable resolution of disputes involving any of its members and relating to the opportunity of an amateur athlete, coach, trainer, manager, administrator, or official to participate in the Olympic Games, the Pan-American Games, world championship competition, or other such protected competition as defined in such constitution and bylaws.

Sept. 21, 1950, ch. 975, title I, §114, as added Nov. 8, 1978, Pub. L. 95–606, §1(b), 92 Stat. 3049.

§383 · Change in name of United States Olympic Association

The corporation known as the United States Olympic Association, which was incorporated by this chapter, shall be known and designated on and after August 10, 1964, as the United States Olympic Committee and any reference to such corporation under the name of the United States Olympic Association shall be held to refer to such corporation under and by the name of the United States Olympic Committee.

Pub. L. 88–407, Aug. 10, 1964, 78 Stat. 383.

§384 · Grants to Corporation

(a) Authorization; development of amateur athletics in United States

The Secretary of Commerce (hereinafter in this section referred to as the “Secretary”) is authorized to award grants to the United States Olympic Committee (hereinafter in this section referred to as “the Corporation”) to assist in the development of amateur athletics in the United States. The Corporation may apply to the Secretary for funds available under this section, and shall use such funds consistent with the provisions of the Amateur Sports Act of 1978. The Secretary may approve any application which meets the requirements of this section, and award grants to the Corporation in a total sum not exceeding $16,000,000 to finance the construction, improvement, and maintenance of facilities for programs of amateur athletic activity and to defray direct operating costs of programs of amateur athletic activity, consistent with section 374 of this title.

(b) Annual report

The Corporation shall, on or before the first day of June of each year, transmit to the Congress a report which shall include a detailed accounting of the funds made available to the Corporation by the Secretary pursuant to subsection (a) of this section and a comprehensive description of those projects which the Corporation anticipates it will finance during the next fiscal year with funds authorized by this section.

(c) Application for funds; access to books, documents, etc.

Each application for funds available under this section shall be in such form as the Secretary shall provide and shall contain provisions to assure that such funds are disbursed in accordance with the provisions of this section. For the purpose of review or audit, the Secretary shall have access to any books, documents, papers, and records which are relevant to any grant received under this section.

(d) Authorization of appropriations

There are authorized to be appropriated to the Secretary not to exceed $16,000,000 in fiscal year 1980, such sums to remain available until expended.

Pub. L. 95–482, §113, Oct. 18, 1978, 92 Stat. 1605.

Subchapter II—National Governing Bodies

§391 · Recognition of amateur sports organizations

(a) National governing body; application; notice and hearing

For any sport which is included on the program of the Olympic Games or the Pan-American Games, the Corporation is authorized to recognize as a national governing body an amateur sports organization which files an application and is eligible for such recognition, in accordance with the provisions of subsection (b) of this section. The Corporation shall recognize only one national governing body for each sport for which an application is made and approved. Prior to the recognition of a national governing body under the authority granted under this subchapter and in accordance with the procedures and requirements of this section, the Corporation shall hold a hearing open to the public on the application for such recognition. The Corporation shall publish notice of the time, place, and nature of the hearing. Publication shall be made in a regular issue of the Corporation's principal publication at least 30 days, but not more than 60 days, prior to the date of the hearing.

(b) Eligibility requirements

No amateur sports organization is eligible to be recognized or is eligible to continue to be recognized as a national governing body unless it—

(1) is incorporated under the laws of any of the several States of the United States or the District of Columbia as a not-for-profit corporation having as its purpose the advancement of amateur athletic competition, and has the managerial and financial capability to plan and execute its obligations;

(2) submits an application for recognition, in such form as the Corporation shall require, as a national governing body and, upon application, submits a copy of its corporate charter and bylaws and any additional information as is considered necessary or appropriate by the Corporation;

(3) agrees to submit, upon demand of the Corporation, to binding arbitration conducted in accordance with the commercial rules of the American Arbitration Association in any controversy involving its recognition as a national governing body, as provided for in section 395 of this title, or involving the opportunity of any amateur athlete, coach, trainer, manager, administrator or official to participate in amateur athletic competition, as provided for in the Corporation's constitution and bylaws;

(4) demonstrates that it is autonomous in the governance of its sport, in that it independently determines and controls all matters central to such governance, does not delegate such determination and control, and is free from outside restraint, and demonstrates that it is a member of no more than one international sports federation which governs a sport included on the program of the Olympic Games or the Pan-American Games;

(5) demonstrates that its membership is open to any individual who is an amateur athlete, coach, trainer, manager, administrator, or official active in the sport for which recognition is sought, or to any amateur sports organization which conducts programs in the sport for which recognition is sought, or to both;

(6) provides an equal opportunity to amateur athletes, coaches, trainers, managers, administrators, and officials to participate in amateur athletic competition, without discrimination on the basis of race, color, religion, age, sex, or national origin, and with fair notice and opportunity for a hearing to any amateur athlete, coach, trainer, manager, administrator, or official before declaring such individual ineligible to participate;

(7) is governed by a board of directors or other such governing board whose members are selected without regard to race, color, religion, national origin or sex, except that, in sports where there are separate male and female programs, it provides for reasonable representation of both males and females on such board of directors or other such governing board;

(8) demonstrates that its board of directors or other such governing board includes among its voting members individuals who are actively engaged in amateur athletic competition in the sport for which recognition is sought or who have represented the United States in international amateur athletic competition in the sport for which recognition is sought within the preceding 10 years, and that the membership and voting power held by such individuals is not less than 20 percent of such membership and voting power held in that board of directors or other such governing board;

(9) provides for reasonable direct representation on its board of directors or other such governing board for any amateur sports organization which, in the sport for which recognition is sought, conducts, on a level of proficiency appropriate for the selection of amateur athletes to represent the United States in international amateur athletic competition, a national program or regular national amateur athletic competition, and ensures that such representation shall reflect the nature, scope, quality, and strength of the programs and competitions of such amateur sports organization in relation to all other such programs and competitions in such sport in the United States;

(10) demonstrates that none of its officers are also officers of any other amateur sports organization which is recognized as a national governing body;

(11) provides procedures for the prompt and equitable resolution of grievances of its members;

(12) does not have eligibility criteria relating to amateur status which are more restrictive than those of the appropriate international sports federation; and

(13) demonstrates, if it is an amateur sports organization seeking recognition as a national governing body, that it is prepared to meet the obligations imposed on a national governing body under section 392 of this title.

(c) Period within which to comply with eligibility requirements; suspension or revocation of recognition

(1) Except as provided in paragraph (2), any amateur sports organization which on November 8, 1978, is recognized by the Corporation to represent a particular sport shall be considered to be the national governing body for that sport. Such an organization is exempt for a period of 2 years from November 8, 1978, from meeting the requirements of subsection (b) of this section, and during the 2-year period shall take the necessary actions to meet such requirements if it desires to retain its recognition. After the expiration of the 2-year period, such an organization shall continue as the national governing body for that sport unless the Corporation determines that such organization is not in compliance with the requirements of subsection (b) of this section, in which event the Corporation shall—

(A) suspend the recognition of such national governing body;

(B) revoke the recognition of such national governing body; or

(C) extend the 2-year period for not longer than 1 year, if the national governing body has proven by clear and convincing evidence that, through no fault of its own, it needs additional time to comply with such requirements.

If, at the end of the extension period referred to in subparagraph (C) of this paragraph, the national governing body has not complied with such requirements, the Corporation shall revoke the recognition of such national governing body. Any such national governing body aggrieved by the Corporation's determination under this subsection may transfer amounts accumulated to maintain and repair the memorial to the Commission for use in carrying out this chapter. Except as provided in subsection (c) of this section, the Commission shall deposit transferred amounts as provided in section 2103(e) submit a demand for arbitration in accordance with section 395(c) of this title.

(c) Arrangements for Repair or Long-Term Maintenance of Memorials.—In assuming responsibility for a war memorial under subsection (b)(1) or (2)

(2) Notwithstanding the provisions of paragraph (1), the Corporation may suspend or revoke the recognition of a national governing body during the 2-year period if such suspension or revocation is for the same reason as the Corporation could have revoked or suspended such national governing body prior to November 8, 1978.

(d) Recommendation of national governing body as United States representative to appropriate international sports federation

Within 61 days after recognizing an amateur sports organization as a national governing body, in accordance with subsection (a) of this section, the Commission may arrange with the sponsors of the memorial to provide for repair or long-term maintenance of the memorial. An amount transferred to the Commission Corporation shall recommend and support in any appropriate manner such national governing body to the appropriate international sports federation as the representative of the United States for that sport.

Sept. 21, 1950, ch. 975, title II, §201, as added Nov. 8, 1978, Pub. L. 95–606, §2, 92 Stat. 3050.

§392 · Duties of national governing bodies

(a) For the sport which it governs, a national governing body is under duty to—

(1) develop interest and participation throughout the United States and be responsible to the persons and amateur sports organizations it represents;

(2) minimize, through coordination with other amateur sports organizations, conflicts in the scheduling of all practices and competitions;

(3) keep amateur athletes informed of policy matters and reasonably reflect the views of such athletes in its policy decisions;

(4) promptly review every request submitted by an amateur sports organization or person for a sanction (A) to hold an international amateur athletic competition in the United States; or (B) to sponsor United States amateur athletes to compete in international amateur athletic competition held outside the United States, and determine whether to grant such sanction, in accordance with the provisions of subsection (b) of this section;

(5) allow an amateur athlete to compete in any international amateur athletic competition conducted under its auspices or that of any other amateur sports organization or person, unless it establishes that its denial was based on evidence that the organization or person conducting the competition did not meet the requirements stated in subsection (b) of this section;

(6) provide equitable support and encouragement for participation by women where separate programs for male and female athletes are conducted on a national basis;

(7) encourage and support amateur athletic sports programs for handicapped individuals and the participation of handicapped individuals in amateur athletic activity, including, where feasible, the expansion of opportunities for meaningful participation by handicapped individuals in programs of athletic competition for able-bodied individuals;

(8) provide and coordinate technical information on physical training, equipment design, coaching, and performance analysis; and

(9) encourage and support research, development, and dissemination of information in the areas of sports medicine and sports safety.

(b) As a result of its review under subsection (a)(4) of this section, if a national governing body does not determine by clear and convincing evidence that holding or sponsoring an international amateur athletic competition would be detrimental to the best interest of the sport, the national governing body shall promptly grant to an amateur sports organization or person a sanction to—

(1) hold an international amateur athletic competition in the United States, if such amateur sports organization or person—

(A) pays to the national governing body any required sanctioning fee, if such fee is reasonable and nondiscriminatory;

(B) demonstrates that—

(i) appropriate measures have been taken to protect the amateur status of athletes who will take part in the competition and to protect their eligibility to compete in amateur athletic competition,

(ii) appropriate provision has been made for validation of records which may be established during the competition,

(iii) due regard has been given to any international amateur athletic requirements specifically applicable to the competition,

(iv) the competition will be conducted by qualified officials,

(v) proper medical supervision will be provided for athletes who will participate in the competition, and

(vi) proper safety precautions have been taken to protect the personal welfare of the athletes and spectators at the competition, and

(C) submits to the national governing body an audited or notarized financial report of similar events, if any, conducted by the amateur sports organization or person; or

(2) sponsor United States amateur athletes to compete in international amateur athletic competition held outside the United States, if such amateur sports organization or person—

(A) pays to the national governing body any required sanctioning fee, if such fee is reasonable and nondiscriminatory;

(B) submits a letter from the appropriate entity which will hold the international amateur athletic competition certifying that—

(i) appropriate measures have been taken to protect the amateur status of athletes who will take part in the competition and to protect their eligibility to compete in amateur athletic competition,

(ii) appropriate provision has been made for validation of records which may be established during the competition,

(iii) due regard has been given to any international amateur athletic requirements specifically applicable to the competition,

(iv) the competition will be conducted by qualified officials,

(v) proper medical supervision will be provided for athletes who will participate in the competition, and

(vi) proper safety precautions have been taken to protect the personal welfare of the athletes and spectators at the competition; and

(C) submits a report of the most recent trip, if any, to a foreign country which the amateur sports organization or person sponsored for the purpose of having United States amateur athletes compete in international amateur athletic competition.

Sept. 21, 1950, ch. 975, title II, §202, as added Nov. 8, 1978, Pub. L. 95–606, §2, 92 Stat. 3052.

§393 · Authority of national governing bodies

For the sport which it governs, a national governing body is authorized to—

(1) represent the United States in the appropriate international sports federation;

(2) establish national goals and encourage the attainment of those goals;

(3) serve as the coordinating body for amateur athletic activity in the United States;

(4) exercise jurisdiction over international amateur athletic activities and sanction international amateur athletic competition held in the United States and sanction the sponsorship of international amateur athletic competition held outside the United States;

(5) conduct amateur athletic competition, including national championships, and international amateur athletic competition in the United States, and establish procedures for the determination of eligibility standards for participation in such competitions, except for that amateur athletic competition specified in section 396 of this title;

(6) recommend to the Corporation individuals and teams to represent the United States in the Olympic Games and the Pan-American Games; and

(7) designate individuals and teams to represent the United States in international amateur athletic competition (other than the Olympic Games and the Pan-American Games) and certify, in accordance with applicable international rules, the amateur eligibility of such individuals and teams.

Sept. 21, 1950, ch. 975, title II, §203, as added Nov. 8, 1978, Pub. L. 95–606, §2, 92 Stat. 3054.

§394 · Review

The Corporation may review all matters relating to the continued recognition of a national governing body and may take such action as it considers appropriate, including, but not limited to, placing conditions upon the continued recognition of the national governing body.

Sept. 21, 1950, ch. 975, title II, §204, as added Nov. 8, 1978, Pub. L. 95–606, §2, 92 Stat. 3055.

§395 · Compelling compliance with eligibility requirements and performance of duties by national governing bodies

(a) Written complaint; exhaustion of remedies requirement; hearing; determination by Corporation; probation; revocation of recognition

(1) Any amateur sports organization or person which belongs to or is eligible to belong to a national governing body may seek to compel such national governing body to comply with the requirements of sections 391(b) and 392 of this title by filing a written complaint with the Corporation. Such organization or person may take such action only after having exhausted all available remedies within such national governing body for correcting deficiencies, unless it can be shown by clear and convincing evidence that those remedies would have resulted in unnecessary delay. The Corporation shall establish procedures for the filing and disposition of complaints received under this subsection. A copy of the complaint shall also be served on the applicable national governing body.

(2) Within 30 days after the filing of the complaint, the Corporation shall determine whether the organization has exhausted its remedies within the applicable national governing body, as provided in paragraph (1) of this subsection. If the Corporation determines that any such remedies have not been exhausted, it may direct that such remedies be pursued before the Corporation will further consider the complaint.

(3)(A) Within 90 days after the filing of a complaint under paragraph (1) of this subsection, if the Corporation determines that all such remedies have been exhausted, it shall hold a hearing to receive testimony for the purpose of determining if such national governing body is in compliance with the requirements of sections 391(b) and 392 of this title.

(B) If the Corporation determines, as a result of the hearings conducted pursuant to this subsection, that such national governing body is in compliance with the requirements of sections 391(b) and 392 of this title, it shall so notify the complainant and such national governing body.

(C) If the Corporation determines, as a result of hearings conducted pursuant to this subsection, that such national governing body is not in compliance with the requirements of sections 391(b) and 392 of this title, it shall—

(i) place such national governing body on probation for a specified period of time, not to exceed 180 days, which it considers necessary to enable such national governing body to comply with such requirements, or

(ii) revoke the recognition of such national governing body.

(D) If the Corporation places a national governing body on probation pursuant to this paragraph, it may extend the probationary period if the national governing body has proven by clear and convincing evidence that, through no fault of its own, it needs additional time to comply with such requirements. If, at the end of the period allowed by the Corporation, the national governing body has not complied with such requirements, the Corporation shall revoke the recognition of such national governing body.

(b) Replacement of incumbent national governing body

(b)(1) Any amateur sports organization may seek to replace an incumbent as the national governing body for a particular sport by filing with the Corporation a written application for such recognition. Such application shall be filed (A) within the 1-year period after the final day of any Olympic Games, in the case of a sport for which competition is held in the Olympic Games or in both the Olympic and Pan-American Games; or (B) within the 1-year period after the final day of any Pan-American Games, in the case of a sport for which competition is held in the Pan-American Games and not in the Olympic Games. If two or more organizations file applications for the same sport, such applications shall be considered in a single proceeding.

(2) Any application filed under this subsection shall be

deposited by the Commission in the fund established under subsection (d) of this section.

(d) Fund for Arrangements for Repair or Long-Term Maintenance of Memorials.—(1) There is a fund in the Treasury that is available to the Commission for expenses of repair and long-term maintenance of memorials for which the Commission has made arrangements under subsection (c) of this section. The fund consists of—

(A) amounts deposited into, and interest and proceeds credited to, the fund under paragraph (2) of this subsection; and

(B) obligations obtained under paragraph (3) of this subsection.

(2) The Commission shall deposit into the fund the amounts that are accepted under subsection (c) of this section. filed with the Corporation by registered mail. The Corporation shall establish procedures for the filing and disposition of applications received under this subsection. A copy of any such application for recognition shall also be served on the applicable national governing body. The Corporation shall inform the applicant for recognition that its application has been received.

(3) Within 180 days after receipt of an application filed under this subsection, the Corporation shall conduct a formal hearing to determine the merits of the application. The Corporation shall publish notice of the time and place of such hearing in a regular issue of its principal publication at least 30 days, but not more than 60 days, prior to the date of the hearing. In the course of such hearing, the applicant and the national governing body shall be given a reasonable opportunity to present evidence supporting their respective positions. During such hearing, the applicant amateur sports organization must establish by a preponderance of the evidence that it meets the criteria for recognition as a national governing body under section 391(b) of this title, and that—

(A) the national governing body does not meet the criteria of section 391(b) or 392 of this title; or

(B) it more adequately meets the criteria of section 391(b) of this title, is capable of more adequately meeting the criteria of section 392 of this title, and provides or is capable of providing a more effective national program of competition, than the national governing body in the sport for which it seeks recognition.

(4) Within 30 days of the close of the hearing required under this subsection, the Corporation shall—

(A) uphold the right of the national governing body to continue as the national governing body for its sport;

(B) revoke the recognition of the national governing body and declare a vacancy in the national governing body for that sport;

(C) revoke the recognition of the national governing body and recognize the applicant as the national governing body; or

(D) decide to place the national governing body on probation of not to exceed 180 days, pending the compliance of the national governing body, if such national governing body would have retained recognition except for a minor deficiency in one of the requirements of section 391(b) or 392 of this title.

If the national governing body does not comply within the prescribed time period, the Corporation shall revoke the recognition of the national governing body and either recognize the applicant as the national governing body, or declare a vacancy in the national governing body for that sport.

(5) Within 61 days after recognizing an amateur sports organization as a national governing body, in accordance with this subsection, the Corporation shall recommend and support in any appropriate manner such national governing body to the appropriate international sports federation as the representative of the United States for that sport.

(c) Arbitration of Corporation determinations

(c)(1) The right to review by any party aggrieved by a determination of the Corporation under the requirements of this section or section 391(c) of this title shall be to any regional office of the American Arbitration Association. Such demand for arbitration shall be submitted within 30 days of the determination of the Corporation. Upon receipt of such a demand for arbitration, the Association shall serve notice on the parties to the arbitration and on the Corporation, and shall immediately proceed with arbitration according to the commercial rules of the Association in effect at the time of the filing of the demand, except that—

(A) the arbitration panel shall consist of not less than three arbitrators, unless the parties to the proceeding mutually agree to a lesser number;

(B) the arbitration hearing shall take place at a site selected by the Association, unless the parties to the proceeding mutually agree to the use of another site; and

(C) the arbitration hearing shall be open to the public.

(2) The arbitrators in any arbitration are empowered to settle any dispute arising under the provisions of this chapter prior to making a final award, if mutually agreed to by the parties to the proceeding and achieved in a manner not inconsistent with the constitution and bylaws of the Corporation.

(3) Each contesting party may be represented by counsel or by any other duly authorized representative at the arbitration proceeding. The parties may offer any evidence which they desire and shall produce any additional evidence as the arbitrators believe necessary to an understanding and determination of the dispute. The arbitrators shall be the sole judges of the relevancy and materiality of the evidence offered. Conformity to legal rules of evidence shall not be necessary.

(4) All decisions by the arbitrators shall be by majority vote unless the concurrence of all is expressly required by the contesting parties.

(5) Final decision of the arbitrators shall be binding upon the involved parties, if such award is not inconsistent with the constitution and bylaws of the Corporation.

(6) The hearings may be reopened, by the arbitrators upon their own motion or upon the motion of any contesting party, at any time before a final decision is made, except that, if any contesting party makes such a motion, all parties to the decision must agree to reopen the hearings if such reopening would result in the arbitrators’ decision being delayed beyond the specific period agreed upon at the beginning of the arbitration proceedings.

Sept. 21, 1950, ch. 975, title II, §205, as added Nov. 8, 1978, Pub. L. 95–606, §2, 92 Stat. 3055.

§396 · Jurisdiction of restricted amateur athletic competitions; national governing body sanction for international amateur athletic competitions

Any amateur sports organization which conducts amateur athletic competition, participation in which is restricted to a specific class of amateur athletes (such as high school students, college students, members of the Armed Forces, or similar groups or categories), shall have exclusive jurisdiction over such competition. If such an amateur sports organization wishes to conduct international amateur athletic competition to be held in the United States, or sponsor international amateur athletic competition to be held outside the United States, it shall obtain a sanction from the appropriate national governing body.

Sept. 21, 1950, ch. 975, title II, §206, as added Nov. 8, 1978, Pub. L. 95–606, §2, 92 Stat. 3058.

Chapter 18. National Conference of State Societies, Washington, District of Columbia

§401 · Corporation created

The following named persons:

Honorable Albert Rains, Gadsden, Alabama; Miss Ruth James, Gadsden, Alabama; Hoyt G. Irving, 512 Hoatson Street, Warren, Arizona; Miss Mary Capps, Nogales, Arizona; Claude M. Hirst, Prescott, Arkansas; Mrs. Gertrude Scott, 1123 Stratford Avenue, South Pasadena, California; Howard W. Scott, Box 122, Palisade, Colorado; Benjamin Sherman, Hartford, Connecticut; Miss Catherine Flynn, Meriden, Connecticut; Honorable J. Caleb Boggs, 1250 Kynlyn Drive, Wilmington, Delaware; Mrs. Ruth F. Henderson, Seaford, Delaware; Charles A. Henderson, Seaford, Delaware; Charles G. Lavin, Jacksonville, Florida; Miss Utha Gray Smith, Orange Court Hotel, Orlando, Florida; Colonel K. N. Parkinson, Blackfoot, Idaho; Honorable Addison T. Smith, Twin Falls, Idaho;

Arnold M. Lederer, 5222 North Christiana Avenue, Chicago, Illinois; Miss Charlotte A. Marr, 6327 North Okato Avenue, Chicago, Illinois; Honorable Ralph Harvey, Rural Route 4, Newcastle, Indiana; Honorable Charles A. Halleck, 604 Jefferson Street, Rensselaer, Indiana; Mrs. Esther Costa, Indianapolis, Indiana; Honorable Bourke Blakemore Hickenlooper, Cedar Rapids, Iowa; Honorable Ben Franklin Jensen, Exira, Iowa; Honorable Andrew F. Schoeppel, 115 South Rutan Avenue, Wichita, Kansas; Charles H. Helsper, 1199 West Street, Topeka, Kansas; Robert W. Salyers, 1801 South Third Street, Louisville, Kentucky; F. M. Broussard, Lafayette, Louisiana; Paul Jones, Winfield, Louisiana;  Honorable  Homer  E.  Capehart, Capehart Farms, Washington, Indiana; Miss Pauline Pino, 2507 Boulevard, Las Vegas, New Mexico;

Honorable Charles P. Nelson, Waterville, Maine; Charles LeRoy Haines, 21 Pine Street, Ellsworth, Maine; Miss Dorothy Bigelow, Easton, Maine; Donald Larabee, Gorham, Maine; Mrs. Winifred H. Grant, Wayside, Maryland; William R. Clay, 3 Pooks Hill Lane, Bethesda, Maryland; Charles F. Sharkey, 31 Thurston Street, Somerville, Massachusetts; Mrs. Leona K. Knight, Bloomfield Hill, Michigan; Miss Hazel Ireman, 922 South State Street, Ann Arbor, Michigan; Honorable Ruth Thompson, 816 Division Street, White Hall, Michigan; James A. Davis, 2027 Twenty-ninth Avenue, Meridian, Mississippi; Mrs. Donald Osborne Hays, Flora, Mississippi; Paul D. Best, Tunica, Mississippi;

Eric G. Jannson, 5738 Walsh Street, Saint Louis, Missouri; Clarence McCune, 6425 McGee Boulevard, Kansas City, Missouri; Lawrence Scheewe, 540 Hillsdale Avenue, Helena, Montana; Miss Molly Clasby, Missoula, Montana; Miss Jessie Stearns, Lincoln, Nebraska; Walter R. Johnson, Omaha, Nebraska; William F. McMenamin, 1131 Ralston Street, Reno, Nevada; Miss Mildred Latham, 29 East First Street, Reno, Nevada; William J. Fleming, 45 North Stenton Street, Atlantic City, New Jersey; Ralph G. Denn, Rio Grande, New Jersey; Arthur Angel, 926 South Pacific, Las Vegas, New Mexico;

Wilfred S. Dowling, 330 West Seventy-sixth Street, New York, New York; Miss Marie T. Dowling, 1882 DeKalb Avenue, Ridgewood, Brooklyn, New York; John K. Slear, 511 North Church Street, Charlotte, North Carolina; Mrs. W. Ney Evans, High Point, North Carolina; Peter Valiar, Winston-Salem, North Carolina; John S. Bartlett, 458 Moreley Avenue, Akron, Ohio; Carl M. Walker, Pierre, South Dakota; Miss Iva Van Horn, Kennebec, South Dakota; William L. Covington, 1510 Gale Avenue, Nashville, Tennessee; D. C. Scott Daniel, Paris, Tennessee; W. M. Burkhalter, McKenzie, Tennessee; Miss Bessie D. Thrasher, 2308 Highland Avenue, Nashville, Tennessee; Maurice R. Barnes, Kaysville, Utah; Don Cassidy, Tooele, Utah; Robert W. Barker, 1217 Washington Boulevard, Ogden, Utah; John Y. Merrell, Brigham City, Utah; Miss Dorothy Hurley, Saint Albans, Vermont;

Captain George P. Grove, 3608 North Albemarle Street, Arlington, Virginia; Mrs. Grace Montgomery, 301 Bellview Boulevard, Alexandria, Virginia; Colonel Heber H. Rice, 206 West Eleventh Avenue, Huntington, West Virginia; Willis G. Kemper, 45 Maple Avenue, Morgantown, West Virginia; Honorable Harley M. Kilgore, Beckley, West Virginia; Honorable J. R. Farrington, 3180 Pacific Heights Road, Honolulu, Hawaii; Mrs. Margaret C. Turner, 607 Stangenwald Building, Honolulu, Hawaii; Ray E. Davis, Melbourne, Arkansas; George A. Herman, 11 Crocker Road, Medford, Massachusetts; Kenneth W. Ingwalson, Little Falls, Minnesota; J. F. Caprenter, Crookston, Minnesota; Earl Cox, 17 Alfaretta Avenue, Akron, Ohio; John M. King, 1318 Northwest Ninety-first Street, Oklahoma City, Oklahoma;

Kenneth N. Hardy, Edmond, Oklahoma; Keith Hall, 808 North Holman Street, Portland, Oregon; Miss Pherne Miller, Eugene, Oregon; Honorable O. E. Teague, Bryan, Texas; L. Tex Easley, 1106 Wesleyan Avenue, Fort Worth, Texas; Honorable William K. Van Pelt, 47 Oak Lawn Avenue, Fond du Lac, Wisconsin; Walter Haefs, Oshkosh, Wisconsin; H. Mills Astin, 815 East Fifth Street, Casper, Wyoming; Miss Marian Jones, Lingle, Wyoming; Honorable John J. Allen, Junior, Oakland, California; Milo Palmer, Concord, New Hampshire; Miss Victoria E. Dobroska, 78 Temple Street, Nashua, New Hampshire; Major General Floyd L. Parks, Greenville, South Carolina; Reverend J. Warren Hastings, Seattle, Washington;

and other persons who are members of the Conference of State Societies, Washington. District of Columbia, their successors, and persons admitted to membership pursuant to the provisions of this chapter, are created and declared to be a body corporate by the name of the “National Conference of State Societies, Washington, District of Columbia”, and by such name shall be known and have perpetual succession and the powers, limitations, and restrictions contained in this chapter.

Apr. 3, 1952, ch. 131, §1, 66 Stat. 37; July 5, 1968, Pub. L. 90–382, §1(1), 82 Stat. 292.

§402 · Purposes of corporation

The purposes of this corporation shall be to promote friendly and cooperative relations between the various State and Territorial societies in the District of Columbia, and to foster, participate in, and encourage educational, cultural, charitable, civic, and patriotic programs, and activities in the District of Columbia and surrounding communities, to act as contact agent with States for carrying out State and National programs.

Apr. 3, 1952, ch. 131, §2, 66 Stat. 38.

§403 · Powers of corporation

The corporation shall have the following powers:

(a) To sue and be sued, complain and defend in any court of competent jurisdiction;

(b) To adopt, alter, and use a corporate seal;

(c) To choose such officers, managers, and agents as the business of the corporation may require;

(d) To ordain and establish bylaws and regulations, not inconsistent with the laws of the United States of America or of any State in which the corporation operates, for the management of its property and the regulation of its affairs;

(e) To contract and be contracted with;

(f) To take and hold by lease, gift, purchase, grant, devise, or bequest any property, real or personal, necessary for carrying into effect the purposes of the corporation, subject to applicable provisions of law of any State (1) governing the amount or kind of real and personal property which may be held by, or (2) otherwise limiting or controlling the ownership of real and personal property by, a corporation operating in such State;

(g) To transfer or convey real or personal property;

(h) To borrow money for the purposes of the corporation, issue notes, bonds, or other evidences of indebtedness therefor, and secure the same by mortgage, subject in every case to all applicable provisions of Federal or State law;

(i) To use and display such emblems and badges as it may adopt;

(j) To publish a newspaper, magazine, or other publication consistent with its corporate purposes;

(k) To do any and all acts necessary and proper to carry out the purposes of the corporation.

Apr. 3, 1952, ch. 131, §3, 66 Stat. 38.

§404 · Headquarters and principal office; territorial scope of activities; agent for service of process

(a) The headquarters and principal offices of the corporation shall be located in Washington, District of Columbia, but the activities of the corporation shall not be confined to that place, but may be conducted throughout the various States and Territories of the United States.

(b) The corporation shall maintain at all times in the District of Columbia a designated agent authorized to accept service of process for the Corporation, such designation to be filed in the office of the clerk of the United States District Court for the District of Columbia. Notice to, or service upon, such agent, or mailed to the address of such agent, shall be deemed sufficient notice or service upon the corporation.

Apr. 3, 1952, ch. 131, §4, 66 Stat. 39.

§405 · Membership

The membership of the corporation shall be made up of the members of the various State and Territorial societies in the District of Columbia. Eligibility for membership in the corporation and the rights and privileges of members shall, except as provided in this chapter, be determined according to the regulations and bylaws of the corporation.

Apr. 3, 1952, ch. 131, §5, 66 Stat. 39.

§406 · Officers

The officers of the corporation shall be a president, first vice president, second vice president, secretary, assistant secretary, treasurer, assistant treasurer, historian, and such other officers as may be designated by the governing body.

Apr. 3, 1952, ch. 131, §6, 66 Stat. 39.

§407 · Board of representatives

(a) Composition; powers

The governing body of the corporation shall be a board of representatives which shall consist of one representative from each State society and Territorial society in the District of Columbia. Such board of representatives shall exercise the powers herein granted to the corporation, and each member of such board shall have one vote upon all matters determined.

(b) Election of officers; tenure

The officers shall be elected by such board of representatives at an annual meeting and shall serve for a term of one year.

(c) Composition of initial board

The first board of representatives shall be composed of the following:

Chairman, Charles LeRoy Haines; first vice chairman, Lawrence Scheewe; second vice chairman, Mrs. Esther Costa; secretary, Miss Bessie D. Thrasher; assistant secretary, Miss Dorothy Bigelow; treasurer, Mrs. Charles Henderson; regional directors, William J. Fleming, chairman; region I, Miss Catherine Flynn; region II, William Clay; region III, John Slear; region IV, James A. Davis; region V, Arnold M. Lederer; region VI, Miss Carlotta Reedy; region VII, Claude M. Hirst; region VIII, Major Robert Joy; region IX, Colonel K. N. Parkinson.

Ray E. Davis, Hoyt G. Irving, Mrs. Gertrude J. Scott, John J. Shaforth, Miss Utha Gray Smith, Ernest W. Ellis, Gertrude L. Groman, Mrs. Edna Rose Pearson, Mrs. Donald O. Hays, James H. Pearson, William McMenamin, Wilfred S. Dowling, John S. Bartlett, Mrs. Maurine Howard Abernathy, Carl M. Walker, Don Cassidy, William Garnett Lee, Walter Haefs, Heber H. Rice, Miss Marion Jones, Miss Dorothy Hurley, Charles F. Sharkey, Arthur Angel, Ralph A. Patterson, Miss Hazel Ireman.

Apr. 3, 1952, ch. 131, §7, 66 Stat. 39.

§408 · Acquisition of assets and liabilities of existing organization

The corporation may acquire any or all of the assets of the existing organization known as the Conference of State Societies, Washington, District of Columbia, upon discharging or providing for the payment and discharge of all its liabilities; and shall promptly file with the Congress full information with respect to such discharge provisions.

Apr. 3, 1952, ch. 131, §8, 66 Stat. 40.

§409 · Distribution of income or assets to members

No part of the income or assets of the corporation shall inure or be distributable to any member or officer thereof except upon dissolution and final liquidation of the corporation as provided in section 417 of this title.

Apr. 3, 1952, ch. 131, §9, 66 Stat. 40.

§410 · Propaganda activities prohibited

No part of the activities of the corporation shall consist of carrying on propaganda.

Apr. 3, 1952, ch. 131, §10, 66 Stat. 40.

§411 · Nonpolitical nature of corporation

The corporation, and its members and officers as such, shall not contribute to or otherwise support or assist any political party or candidate for elective public office.

Apr. 3, 1952, ch. 131, §11, 66 Stat. 40.

§412 · Liability for acts of officers and agents

The corporation shall be liable for the acts of its officers and agents when acting within the scope of their authority.

Apr. 3, 1952, ch. 131, §12, 66 Stat. 40.

§413 · Books and records; inspection

The corporation shall keep current and complete books and records of account and shall also keep minutes of the proceedings of its members and of the board of representatives or committees having any authority of the board of representatives. It shall keep at its principal office a record of the names and addresses of its members entitled to vote. All books and records of the corporation may be inspected by any member or his agent or attorney for any proper purpose at any reasonable time.

Apr. 3, 1952, ch. 131, §13, 66 Stat. 40.

§414 · Prohibition against issuance of stock or payment of dividends

The corporation shall not have or issue any shares of stock, nor declare or pay any dividends.

Apr. 3, 1952, ch. 131, §14, 66 Stat. 40.

§415 · Loans to officers; liability

The corporation shall not make any loans to its officers or members of the board of representatives. Any officer or board of representatives member who votes for or assents to the making of a loan or advance to an officer or board of representatives member, and any officer or board of representatives member who participates in the making of such a loan or advance, shall be jointly and severally liable to the corporation for the amount of such loan until the repayment thereof.

Apr. 3, 1952, ch. 131, §15, 66 Stat. 40.

§416 · Repealed. Pub. L. 88–504, §4(17), Aug. 30, 1964, 78 Stat. 637

§417 · Use of assets on dissolution or liquidation

Upon final dissolution or liquidation of the corporation, and after the discharge or satisfaction of all outstanding obligations and liabilities, the remaining assets of the corporation shall be divided equally among the State and Territorial societies in the District of Columbia.

Apr. 3, 1952, ch. 131, §17, 66 Stat. 41.

§418 · Exclusive right to name, seals, emblems, and badges

The Corporation shall have the exclusive right to use, in carrying out its purposes, the name, “National Conference of State Societies, Washington, District of Columbia,” and such seals, emblems, and badges as it may adopt.

Apr. 3, 1952, ch. 131, §18, 66 Stat. 41; July 5, 1968, Pub. L. 90–382, §1(2), 82 Stat. 292.

§419 · Agents for service of process

As a condition precedent to the exercise in any State of any power or privilege granted or conferred by this chapter, the corporation shall serve notice upon the secretary of state, or similar officer, of any such State of the name and address of an authorized agent in such State upon whom legal process or demands against the corporation may be served.

Apr. 3, 1952, ch. 131, §19, 66 Stat. 41.

§420 · “State” defined

As used in this chapter the word State includes the District of Columbia.

Apr. 3, 1952, ch. 131, §20, 66 Stat. 41.

§421 · Reservation of right to amend or repeal chapter

The right to repeal, alter, or amend this chapter at any time is expressly reserved.

Apr. 3, 1952, ch. 131, §21, 66 Stat. 41.

Chapter 19. Corregidor Bataan Memorial Commission

§426 · Omitted

Chapter 20. National Conference on Citizenship

§431 · Corporation created

The following persons: Robert N. Anderson, Arlington, Virginia; Emma Mae Brotze, Marshall, Texas; Leo M. Cadison, Asheville, North Carolina; Thomas F. Clear, Stamford, Connecticut; Earle T. Hawkins, Towson, Maryland; Carl B. Hyatt, Rockville, Maryland; Richard B. Kennan, Chevy Chase, Maryland; and Justin Miller, Pacific Palisades, California, are created a body corporate by the name of the National Conference on Citizenship (hereinafter referred to as the “corporation”) and by such name shall be known and have perpetual succession and the powers and limitations contained in this chapter.

Aug. 13, 1953, ch. 427, §1, 67 Stat. 562.

§432 · Completion of organization

The persons named in section 431 of this title are authorized to complete the organization of the corporation by the selection of officers and employees, the adoption of regulations and bylaws and the doing of such other acts as may be necessary for such purpose.

Aug. 13, 1953, ch. 427, §2, 67 Stat. 562.

§433 · Objects and purposes of corporation

The objects and purposes of the corporation shall be—

(1) to hold annually a national conference on citizenship on or about “Citizenship Day”, September 17;

(2) to assist in the development of more dynamic procedures for making citizenship more effective, including the promotion and encouragement of local, State, and regional citizenship conferences; and

(3) to indicate the ways and means by which various organizations may contribute concretely to the development of a more active, alert, enlightened, conscientious, and progressive citizenry in our country.

Aug. 13, 1953, ch. 427, §3, 67 Stat. 562.

§434 · Powers of corporation

The corporation shall have power—

(1) to sue and be sued, complain, and defend in any court of competent jurisdiction;

(2) to adopt, alter, and use a corporate seal;

(3) to choose such officers, managers, agents, and employees as the business of the corporation may require;

(4) to adopt, amend, and alter bylaws and regulations, not inconsistent with the laws of the United States or any State in which such corporation is to operate, for the management of its property and the regulation of its affairs, including the establishment and maintenance of local and State conferences on citizenship;

(5) to contract and be contracted with;

(6) to take and hold by lease, gift, purchase, grant, devise, or bequest any property, real or personal, necessary for attaining the objects and accomplishing the purposes of the corporation, subject to applicable provisions of law of any State (a) governing the amount or kind of real and personal property which may be held by, or (b) otherwise limiting or controlling the ownership of real and personal property by a corporation operating in such State;

(7) to transfer and convey real or personal property;

(8) to borrow money for the purposes of the corporation, issue bonds therefor, and secure the same by mortgage, subject to all applicable provisions of Federal or State law;

(9) to use the corporate funds to give prizes, or awards, to citizens for outstanding contributions toward the achievement of the purposes of the corporation;

(10) to publish a magazine or other publication consistent with its corporate purposes;

(11) to use and display such emblems and badges as it may adopt; and

(12) to do any and all acts and things necessary and proper to carry out the objects and purposes of the corporation.

Aug. 13, 1953, ch. 427, §4, 67 Stat. 562.

§435 · Headquarters and principal office; territorial scope of activities; agent for service of process

(a) The headquarters and principal offices of the corporation shall be located in the District of Columbia, or in the States of Maryland or Virginia, but the activities of the corporation shall not be confined to these places but may be conducted throughout the various States, Territories, and possessions of the United States.

(b) The corporation shall maintain at all times in the District of Columbia a designated agent authorized to accept service of process for the corporation, such designation to be filed in the office of the clerk of the United States District Court for the District of Columbia. Notice to or service upon such agent, or mailed to the business address of such agent, shall be deemed sufficient notice or service upon the corporation.

Aug. 13, 1953, ch. 427, §5, 67 Stat. 563.

§436 · Membership; voting rights

Membership in the corporation shall be confined to agencies and organizations and the rights and privileges of membership shall, except as otherwise provided in this chapter, be prescribed by the bylaws of the corporation. In the conduct of the business of the annual national conference on citizenship each agency or organization sending delegates to, and participating in such conference shall have one vote.

Aug. 13, 1953, ch. 427, §6, 67 Stat. 563.

§437 · National officers

(a) The national officers shall be a president, who shall serve as chairman of the board of directors and of the executive committee, a first vice president, a second vice president, a third vice president, a secretary, and a treasurer, to be selected from the officers and members of the member agencies or organizations participating in the conference.

(b) For the purposes of initiating the corporation, the national officers shall be elected within ten days of August 13, 1953, by the persons named in section 431 of this title, to serve until the final session of the next following annual conference. Thereafter, the national officers of the corporation shall be elected biennially by a majority vote of the agencies and organizations sending delegates to, and participating in the annual conference, one vote to each such agency and to each such organization.

Aug. 13, 1953, ch. 427, §7, 67 Stat. 563.

§438 · Board of Directors

(a) Composition

From August 13, 1953, until the final session of the next following annual conference, the governing body of the corporation, which shall exercise the powers herein granted to the corporation, shall be the persons named in section 431 of this title and such additional persons as shall be named by them. Thereafter, the governing body of the corporation shall be a board of directors consisting of such number (not less than ten including ex officio members) as the bylaws may prescribe. The Board of Directors shall be selected from the officers or members of the member agencies or organizations participating in the conference.

(b) Election

The members of the board of directors shall be elected for such term as the bylaws shall prescribe by a majority vote of the agencies and organizations sending delegates to, and participating in the annual conference, one vote to each such agency and to each such organization.

(c) Meetings

The board shall meet at least once each year at such time and place as may be prescribed by the bylaws. The annual report of the board shall be presented at such meeting. Special meetings of the board may be called as prescribed by the bylaws.

(d) Executive committee

The board shall designate three of its own members, who together with the president and the three vice presidents shall constitute the executive committee which, when the board is not in session, shall have and exercise the powers of the board subject to its direction and have the power to authorize the seal of the corporation to be affixed to all papers which may require it.

(e) Executive director; professional staff members

An executive director for the corporation shall be selected by the executive committee in keeping with qualifications and terms of employment adopted by such committee. Other professional staff members shall be nominated by the executive director and approved by the executive committee.

Aug. 13, 1953, ch. 427, §8, 67 Stat. 564.

§439 · Distribution of income or assets to members; loans

(a) No part of the income or assets of the corporation shall inure to any member, officer, or director, or be distributable to any such person, agency, or organization except upon dissolution or final liquidation of the corporation as provided in section 445 of this title. Nothing in this subsection, however, shall be construed to prevent the executive committee from adopting terms of employment of the executive director as prescribed by section 438(e) of this title.

(b) The corporation shall not make loans to its officers, directors, or employees. Any director who votes for or assents to the making of a loan to an officer, director, or employee of the corporation, and any officer who participates in the making of such loan shall be jointly and severally liable to the corporation for the amount of such loan until the repayment thereof.

Aug. 13, 1953, ch. 427, §9, 67 Stat. 564.

§440 · Nonpolitical nature of corporation

The corporation, and its members, officers, and directors, as such, shall not contribute to or otherwise support or assist any political party or candidate for elective public office, nor advocate, sponsor, or promote legislation in the Congress of the United States or in the legislatures of the several States.

Aug. 13, 1953, ch. 427, §10, 67 Stat. 564.

§441 · Liability for acts of officers and agents

The corporation shall be liable for the acts of its officers and agents when acting within the scope of their authority.

Aug. 13, 1953, ch. 427, §11, 67 Stat. 565.

§442 · Prohibition against issuance of stock or payment of dividends

The corporation shall have no power to issue any shares of stock, nor to declare or pay any dividends, its objects and purposes being solely patriotic and educational.

Aug. 13, 1953, ch. 427, §12, 67 Stat. 565.

§443 · Books and records; inspection

The corporation shall keep correct and complete books and records of account and shall also keep minutes of the proceedings of the annual conference, the board of directors, and committees having any authority under the board of directors; and it shall also keep at its principal office a record of the names and addresses of its members entitled to vote. All books and records of the corporation may be inspected by any member entitled to vote or his agent or attorney at any reasonable time.

Aug. 13, 1953, ch. 427, §13, 67 Stat. 565.

§444 · Repealed. Pub. L. 88–504, §4(18), Aug. 30, 1964, 78 Stat. 637

§445 · Use of assets on dissolution or liquidation

Upon final dissolution or liquidation of the corporation, and after the discharge or satisfaction of all outstanding obligations and liabilities, the remaining assets of the corporation shall be transferred by the board of directors to some recognized agency or agencies engaged in the furtherance and advancement of citizenship.

Aug. 13, 1953, ch. 427, §15, 67 Stat. 565.

§446 · Exclusive right to name, emblems, seals, and badges

The corporation shall have the sole and exclusive right to use the name, the National Conference on Citizenship, and such emblems, seals, and badges as the corporation may lawfully adopt.

Aug. 13, 1953, ch. 427, §16, 67 Stat. 565.

§447 · Reservation of right to amend or repeal chapter

The right to alter, amend, or repeal this chapter is expressly reserved.

Aug. 13, 1953, ch. 427, §17, 67 Stat. 565.

Chapter 21. National Safety Council

§461 · Corporation created

Melvin H. Baker, Lawrence D. Bell, James B. Black, S. Bruce Black, Morgan B. Brainard, John W. Carpenter, Ray Carr, William G. Chandler, Kenneth B. Colman, Frederick C. Crawford, Walter J. Cummings, Richard R. Deupree, Benjamin F. Fairless, Wallace Falvey, Francis J. Gavin, George A. Jacoby, George E. Leighty, Horace P. Liversidge, Henry E. North, Thomas I. Parkinson, A. V. Rohweder, William A. Simpson, Lee E. Skeel, W. A. Stewart, John Stilwell, J. E. Trainer, and Juan T. Trippe are created and declared to be a body corporate by the name of National Safety Council, hereinafter called the corporation, and by such name shall be known and have perpetual succession and the powers and limitations contained in this chapter.

Aug. 13, 1953, ch. 429, §1, 67 Stat. 569.

§462 · Completion of organization

The persons named in section 461 of this title are authorized to complete the organization of the corporation by the selection of officers and employees, the adoption of a constitution and bylaws, not inconsistent with this chapter, and the doing of such other acts as may be necessary for such purpose.

Aug. 13, 1953, ch. 429, §2, 67 Stat. 569.

§463 · Objects and purposes of corporation

The objects and purposes of the corporation shall be—

(1) to further, encourage, and promote methods and procedures leading to increased safety, protection, and health among employees and employers and among children, in industries, on farms, in schools and colleges, in homes, on streets and highways, in recreation, and in other public and private places;

(2) to collect, correlate, publish, distribute, and disseminate educational and informative data, reports, and all other data relative to safety methods and procedures;

(3) to arouse and maintain the interest of the people of the United States, its Territories and possessions in safety and in accident prevention, and to encourage the adoption and institution of safety methods by all persons, corporations, and other organizations;

(4) to organize, establish, and conduct programs, lectures, conferences, and other activities for the education of all persons, corporations, and other organizations in safety methods and procedures;

(5) to organize, and to aid in the organization of, local safety chapters throughout the United States, its Territories and possessions, and to provide organizational guidance and materials to promote the national safety;

(6) to cooperate with, enlist, and develop the cooperation of and between all persons, corporations, and other organizations and agencies, both public and private, engaged or interested in, or in any manner connected with, any or all of the foregoing purposes; and

(7) to do any and all lawful acts which may be necessary, useful, suitable, desirable, and proper for the furtherance, accomplishment, and attainment of any or all of the foregoing purposes.

Aug. 13, 1953, ch. 429, §3, 67 Stat. 569.

§464 · Powers of corporation

The corporation shall have power—

(1) to sue and be sued, complain, and defend in any court of competent jurisdiction;

(2) to adopt, alter, and use a corporate seal;

(3) to choose such officers, directors, trustees, managers, agents, and employees as the business of the corporation may require;

(4) to adopt, amend, and alter a constitution and bylaws, not inconsistent with the laws of the United States or any State in which the corporation is to operate, for the management of its property and the regulation of its affairs;

(5) to contract and be contracted with;

(6) to charge and collect membership dues, subscription fees, and receive contributions or grants of money or property to be devoted to the carrying out of its purposes;

(7) to take and hold by lease, gift, purchase, grant, devise, or bequest any property, real or personal, necessary for attaining the objects and carrying into effect the purposes of the corporation, subject to applicable provisions of law in any State (a) governing the amount or kind of real and personal property which may be held by, or (b) otherwise limiting or controlling the ownership of real or personal property by a corporation operating in such State;

(8) to transfer, encumber, and convey real or personal property;

(9) to borrow money for the purposes of the corporation, issue bonds therefor, and secure the same by mortgage, subject to all applicable provisions of Federal or State law;

(10) to use the corporate funds to give prizes, awards, or other evidences of merit or recognition to persons, organizations, associations, or corporations, public or private, for outstanding contributions toward the achievement of the purposes of the corporation;

(11) to publish magazines and other publications and materials, whether periodic or occasional, consistent with its corporate purposes;

(12) to organize, establish, and conduct conferences on safety and accident prevention;

(13) to adopt, alter, use, and display such emblems, seals, and badges as it may adopt;

(14) to establish and maintain offices for the conduct of its business, and to charter local, State, and regional safety organizations, and to establish, regulate, and discontinue departmental subdivisions and local, State, and regional chapters in appropriate places throughout the United States, its Territories and possessions; and

(15) to do any and all acts and things necessary and proper to carry out the objects and purposes of the corporation and, for such purpose, the corporation shall also have, in addition to the foregoing in this section and subsection, the rights, powers, duties, and liabilities of the existing corporation referred to in section 478 of this title as far as they are not modified or superseded by this chapter.

Aug. 13, 1953, ch. 429, §4, 67 Stat. 570.

§465 · Principal office; territorial scope of activities; agent for service of process

(a) The principal office of the corporation shall be located in Chicago, Illinois, or in such other place as may later be determined by the board of directors, but the activities of the corporation shall not be confined to that place and may be conducted throughout the various States, Territories, and possessions of the United States.

(b) The corporation shall maintain at all times in the District of Columbia a designated agent authorized to accept service or process for the corporation, and notice to or service upon such agent, or mailed to the business address of such agent, shall be deemed notice to or service upon the corporation.

Aug. 13, 1953, ch. 429, §5, 67 Stat. 570.

§466 · Membership; voting rights

(a) Eligibility for membership in the corporation and the rights and privileges of members shall, except as provided in this chapter, be determined as the constitution and bylaws of the corporation may provide.

(b) Each member of the corporation, other than honorary and sustaining members, shall have the right to one vote on each matter submitted to a vote at all meetings of the members of the corporation. The corporation may, by its constitution and bylaws, provide for additional voting rights in accordance with dues paid.

Aug. 13, 1953, ch. 429, §6, 67 Stat. 571.

§467 · Board of directors

(a) Composition of initial board

Upon enactment of this chapter the membership of the initial board of directors of the corporation shall consist of the present members of the board of directors of the National Safety Council, Inc., referred to in section 478 of this title, or such of them as may then be living and are qualified directors of that corporation, to wit—E. F. du Pont, Wilmington, Delaware; Franklin M. Kreml, Evanston, Illinois; A. F. Allen, Dallas, Texas; J. I. Banash, West Los Angeles, California; William B. Barton, Washington, District of Columbia; C. W. Bergquist, Indianapolis, Indiana; R. A. L. Bogan, Chicago, Illinois; Norman E. Borgerson, Lansing, Michigan; Harry H. Brainerd, Pittsburgh, Pennsylvania; Fred W. Braun, Wausau, Wisconsin; Theo Brown, Moline, Illinois; E. J. Buhner, Louisville, Kentucky; Alfred W. Cantwell, Washington, District of Columbia; Ray Carr, Portland, Oregon; Jesse Clark, Chicago, Illinois; Reginald M. Cleveland, New York, New York; William L. Connolly, Washington, District of Columbia; Doctor B. L. Corbett, Milwaukee, Wisconsin; Charles R. Cos, New York, New York; Ernest G. Cox, Washington, District of Columbia; R. S. Damon, Kansas City, Missouri; Ned H. Dearborn, Chicago, Illinois; J. Dewey Dorsett, New York, New York; E. F. du Pont, Wilmington, Delaware; Martin P. Durkin, Washington, District of Columbia; Wallace Falvey, Boston, Massachusetts; Kirk Fox, Des Moines, Iowa; C. H. Gallaway, Southbridge, Massachusetts; George F. Getz, Junior, Chicago, Illinois; Gordon C. Graham, Detroit, Michigan; Howard Gramlich, Chicago, Illinois; W. Earl Hall, Mason City, Iowa; R. A. Harschnek, Chicago, Illinois; O. R. Hartwig, Portland, Oregon; Doctor Herold C. Hunt, Chicago, Illinois; Harold P. Jackson, Newark, New Jersey; George A. Jacoby, Detroit, Michigan; Mrs. George W. Jaqua, Winchester, Indiana; Joseph M. Kaplan, Los Angeles, California; E. W. Kempton, Pittsburgh, Pennsylvania; Mrs. Fred W. Knight, Cartersville, Georgia; Franklin M. Kreml, Evanston, Illinois; Walter G. Legge, New York, New York; Boyd Lewis, New York, New York; Thomas H. MacDonald, College Station, Texas; Miss Marion E. Martin, Augusta, Maine; I. W. Millard, Danville, Illinois; Harry M. Moses, Washington, District of Columbia; D. E. Mumford, New York, New York; Hallie L. Myers, Indianapolis, Indiana; Guy L. Noble, Chicago, Illinois; Henry E. North, San Francisco, California; Clifton W. Phalen, Detroit, Michigan; Harry L. Powell, Milwaukee, Wisconsin; Harry Read, Washington, District of Columbia; A. V. Rohweder, Duluth, Minnesota; Robert T. Ross, Dearborn, Michigan; Doctor K. Frances Scott, Northampton, Massachusetts; Honorable Lee E. Skeel, Cleveland, Ohio; Robert R. Snodgrass, Atlanta, Georgia; Leslie J. Sorenson, Chicago, Illinois; Doctor H. J. Stack, New York, New York; J. C. Stennett, Chicago, Illinois; W. A. Stewart, Southbridge, Massachusetts; Miss Judith Waller, Chicago, Illinois; Mrs. George Welles, Junior, Duluth, Minnesota; Doctor George M. Wheatley, New York, New York; E. C. Woodward, Milwaukee, Wisconsin; and Doctor William P. Yant, Pittsburgh, Pennsylvania.

(b) Composition of subsequent boards; tenure

Thereafter, the board of directors of the corporation shall consist of such number (not less than fifteen), shall be selected in such manner (including the filling of vacancies), and shall serve for such term as may be prescribed in the constitution and bylaws of the corporation.

(c) Duties

The board of directors shall be the governing board of the corporation and shall, during the intervals between corporation meetings, be responsible for the general policies and program of the corporation. The board shall be responsible for all finance except as provided for in section 469 of this title.

Aug. 13, 1953, ch. 429, §7, 67 Stat. 571.

§468 · Officers

(a) The officers of the corporation shall be a chairman of the board of directors, a president, three or more vice presidents (as may be prescribed in the constitution and bylaws of the corporation), a secretary, a treasurer, and an executive vice president. The duties of the officers shall be as prescribed in the constitution and bylaws of the corporation.

(b) Officers, except the executive vice president, shall be elected annually at the annual meeting of the corporation. The executive vice president shall be elected by the board of directors in such manner as may be prescribed by the constitution and bylaws of the corporation.

Aug. 13, 1953, ch. 429, §8, 67 Stat. 572.

§469 · Trustees; powers

There shall be trustees, whose number (not less than fifteen), method of selection, and term of office shall be as the constitution and bylaws of the corporation may prescribe. The trustees shall have full power and control over such contributed funds as may be raised by them.

Aug. 13, 1953, ch. 429, §9, 67 Stat. 572.

§470 · Distribution of income or assets to members; loans

(a) No part of the income or assets of the corporation shall inure to any member, officer, or director, or be distributable to any such person otherwise than upon dissolution or final liquidation of the corporation as provided in section 476 of this title. Nothing in this subsection, however, shall be construed to prevent the payment of compensation to officers of the corporation in amounts approved by the executive committee of the corporation.

(b) The corporation shall not make loans to its officers, directors, or employees. Any director who votes for or assents to the making of a loan to an officer, director, or employee of the corporation, and any officer who participates in the making of such loan, shall be jointly and severally liable to the corporation for the amount of such loan until the repayment thereof.

Aug. 13, 1953, ch. 429, §10, 67 Stat. 572.

§471 · Nonpolitical nature of corporation

The corporation, and its officers, directors, and duly appointed agents as such, shall not contribute to or otherwise support or assist any political party or candidate for office.

Aug. 13, 1953, ch. 429, §11, 67 Stat. 573.

§472 · Liability for acts of officers and agents

The corporation shall be liable for the acts of its officers and agents when acting within the scope of their authority.

Aug. 13, 1953, ch. 429, §12, 67 Stat. 573.

§473 · Prohibition against issuance of stock or payment of dividends

The corporation shall have no power to issue any shares of stock nor to declare nor pay any dividends.

Aug. 13, 1953, ch. 429, §13, 67 Stat. 573.

§474 · Books and records; inspection

The corporation shall keep correct and complete books and records of account and shall keep minutes of the proceedings of its members, board of directors, and committees having any of the authority of the board of directors; and it shall also keep at its principal office a record of the names and addresses of its members entitled to vote. All books and records of the corporation may be inspected by any member entitled to vote, or his agent or attorney, for any proper purpose, at any reasonable time.

Aug. 13, 1953, ch. 429, §14, 67 Stat. 573.

§475 · Repealed. Pub. L. 88–504, §4(19), Aug. 30, 1964, 78 Stat. 637

§476 · Use of assets on dissolution or liquidation

Upon final dissolution or liquidation of the corporation, and after discharge or satisfaction of all outstanding obligations and liabilities, the remaining assets of the corporation may be distributed in accordance with the determination of the board of directors of the corporation and in compliance with the constitution and bylaws of the corporation and all Federal and State laws applicable thereto.

Aug. 13, 1953, ch. 429, §16, 67 Stat. 573.

§477 · Exclusive right to name, emblems, seals, and badges

The corporation, and its subordinate divisions and regional, State, and local chapters, shall have the sole and exclusive right to use the name, National Safety Council. The corporation shall have the exclusive and sole right to use, or to allow or refuse the use of, such emblems, seals, and badges as it may legally adopt, and such emblems, seals, and badges as have heretofore been used by the Illinois corporation referred to in section 478 of this title in carrying out its program, it being distinctly understood, however, that nothing in this chapter shall interfere or conflict with established or vested rights.

Aug. 13, 1953, ch. 429, §17, 67 Stat. 574.

§478 · Acquisition of assets and liabilities of existing corporation

The corporation may acquire the assets of the National Safety Council, Incorporated, a corporation organized under the laws of the State of Illinois, upon discharging or satisfactorily providing for the payment and discharge of all of the liability of such corporation and upon complying with all laws of the State of Illinois applicable thereto.

Aug. 13, 1953, ch. 429, §18, 67 Stat. 574.

§479 · Reservation of right to amend or repeal chapter

The right to alter, amend, or repeal this chapter is expressly reserved.

Aug. 13, 1953, ch. 429, §19, 67 Stat. 574.

Chapter 22. Pershing Hall Memorial Fund

§491 · Creation of fund; investments; payments to American Legion

Any balance remaining from the sum of $482,032.92 authorized to be appropriated, by the Secretary of the Treasury, by section 1 of the Act approved June 28, 1935, chapter 323, 49 Stat. 426, for effecting a settlement of any indebtedness connected with Pershing Hall, a memorial already erected in Paris, France, under the auspices of the American Legion, Inc., to the commander in chief, officers, men and auxiliary services of the American Expeditionary Forces, to the end that such memorial as so freed from debt may be perpetuated, shall, after settlement of such indebtedness, be retained by the Secretary of the Treasury as a special fund to be known as the “Pershing Hall Memorial Fund.”

The Secretary of the Treasury

shall credit to the fund the interest on, and the proceeds from the sale or redemption of, obligations held in the fund.(3) The Secretary is authorized (a) to invest and reinvest any part or all of the corpus of this fund so remaining in interest-bearing United States Government bonds and retain custody thereof; and (b) upon request of the American Legion, Inc., the Secretary of the Treasury shall pay to the National Treasurer of the American Legion, Inc., from time to time any part of the earnings upon the fund for use in the maintenance and/or perpetuation of Pershing Hall.

June 28, 1935, ch. 323, §2, 49 Stat. 426.

§492 · Repealed. Pub. L. 86–533, §1(2), June 29, 1960, 74 Stat. 245

§493 · Transfer of Pershing Hall to jurisdiction, custody, and control of Department of Veterans Affairs

(a) In general

Pershing Hall, an existing memorial in Paris, France, owned by the United States, together with the personal property of such memorial, is hereby placed under the jurisdiction, custody, and control of the Department of Veterans Affairs so that the memorial to the commander-in-chief, officers, men, and auxiliary services of the American Expeditionary Forces in France during World War I may be continued in an appropriate manner and financial support be provided therefor.

(b) Administration

(1)(A) The Secretary of Veterans Affairs shall administer, operate, develop, and improve Pershing Hall and its site in such manner as the Secretary determines is in the best interests of the United States, which may include use of Pershing Hall to meet the needs of veterans. To meet such needs, the Secretary may establish and operate a regional or other office to disseminate information, respond to inquiries, and otherwise assist veterans and their families in obtaining veterans’ benefits.

(B) To carry out the purposes of this section, the Secretary may enter into agreements authorized by subsection (c) of this section to fund the operation of the memorial and projects authorized by subsection (d)(6) of this section.

(2)(A) The Secretary shall, after consultation with the American Battle Monuments Commission, provide for a portion of Pershing Hall to be specifically dedicated, with appropriate exhibitions and monuments, to the memory of the commander-in-chief, officers, men, and auxiliary services of the American Expeditionary Forces in France during World War I.

(B) The establishment and continuing supervision of the memorial that is dedicated pursuant to subparagraph (A) shall be carried out by the American Battle Monuments Commission.

(3) To the extent that funds are available in the Pershing Hall Revolving Fund established by subsection (d) of this section, the Secretary may incur such expenses with respect to Pershing Hall as the Secretary determines necessary or appropriate.

(4) The Secretary of Veterans Affairs may provide the allowances and benefits described in section 707 of title 38 to personnel of the Department of Veterans Affairs who are United States citizens and are assigned by the Secretary to Pershing Hall.

(c) Leases

(1) The Secretary may enter into agreements as the Secretary determines necessary or appropriate for the operation, development, and improvement of Pershing Hall and its site, including the leasing of portions of the Hall for terms not to exceed 99 years in areas that are newly constructed or substantially rehabilitated and for not to exceed 20 years in other areas of the Hall.

(2) Leases entered into by the Secretary under this subsection shall be for consideration in the form of cash or in-kind, or a combination of the two, as determined by the Secretary, which shall include the value of space leased back to the Secretary by the lessee, net of rent paid by the Secretary, and the present value of the residual interest of the Secretary at the end of the lease term.

(d) Fund

(1) There is hereby established the Pershing Hall Revolving Fund to be administered by the Secretary of Veterans Affairs.

(2) There shall be transferred to the Pershing Hall Revolving Fund, at such time or times as the Secretary may determine without limitation as to year, amounts as determined by the Secretary, not to exceed $1,000,000 in total, from funds appropriated to the Department of Veterans Affairs for the construction of major projects. The account from which any such amount is transferred shall be reimbursed promptly from other funds as they become part of the Pershing Hall Revolving Fund.

(3) The Pershing Hall Memorial Fund, established in the Treasury of the United States pursuant to section 491 of this title, is hereby abolished and the corpus of the fund, including accrued interest, is transferred to the Pershing Hall Revolving Fund.

(4) Funds received by the Secretary from operation of Pershing Hall or from any lease or other agreement with respect to Pershing Hall shall be deposited in the Pershing Hall Revolving Fund.

(5) The Secretary of the Treasury

shall invest any part of the fund that the Commission decides portion of the Revolving Fund that, as determined by the Secretary of Veterans Affairs, is not required to meet current expenses. expenses of the Fund. Each investment shall be made in an interest-bearing interest bearing obligation of the United States Government, or an obligation

that has its principal and interest guaranteed by the Government, that the Commission decides has a maturity suitable for the fund.

(4) The Commission shall separately account for all amounts deposited in and expended from the fund for each war memorial for which an arrangement for repair or long-term maintenance is made under subsection (c) of this section.

(e) Demolition of War Memorial Built in a Foreign Country and Disposition of Site.—The Commission may take necessary action to demolish any war memorial built outside

guaranteed as to principal and interest by the United States

by a citizen of the United States, a State, a political subdivision of a State, a governmental authority (except a department, agency, or instrumentality of the United States Government), a foreign agency, or a private association and to dispose of the site of the memorial in a way the Commission decides is proper, if—

(1) the appropriate foreign authorities agree to the demolition; and

(2)(A) the sponsor of the memorial consents to the demolition; or

(B) the memorial has fallen into disrepair and a reasonable effort by the Commission has failed—

(i) to persuade the sponsor to maintain the memorial at a standard acceptable to the Commission; or

(ii) to locate the sponsor.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1272.

§2107 · National Memorial Cemetery of the Pacific

With the consent of

that, as determined by the Secretary of Veterans Affairs,

the American Battle Monuments Commission may build works of architecture and art in the National Memorial Cemetery of the Pacific.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1274.

§2108 · Pacific War Memorial and other historical and memorial sites on Corregidor

(a) General.—After an agreement is made between the Government of the Republic of the Philippines and the United States Government, the American Battle Monuments Commission shall restore, operate, and maintain the Pacific War Memorial and other historical and memorial sites on Corregidor.

(b) Personnel.—The Commission may employ necessary personnel to carry out this section.

(c) Use of Other Departments, Agencies, and Instrumentalities.—Departments, agencies, and instrumentalities of the United States Government may assist the Commission, on a reimbursable basis, in carrying out this section.

(d) Authority To Solicit Contributions.—To carry out this section, the Commission may solicit and accept private contributions and shall deposit the contributions in the fund established by subsection (f) of this section.

(e) Use of Private Amounts.—The Commission shall carry out this section with private amounts except to the extent amounts are appropriated under subsection (g) of this section.

(f) Fund.—(1) There is a fund in the Treasury that is available to the Commission only to carry out this section. The fund consists of—

(A) amounts deposited into, and interest and proceeds credited to, the fund under paragraph (2) of this subsection; and

(B) obligations obtained under paragraph (3) of this subsection.

(2) The Chairman of the Commission shall deposit into the fund the amounts that are accepted under subsection (d) of this section.

has a maturity suitable for the Revolving Fund. The Secretary of the Treasury shall credit to the fund Revolving Fund the interest on, and the proceeds from the sale or redemption of,

obligations held in the fund.

(3) The Secretary shall invest any part of the fund that the Chairman decides is not required to meet current expenses. Each investment shall be made in an interest-bearing obligation of the United States Government, or an obligation that has its principal and interest guaranteed by the Government, that the Chairman decides has a maturity suitable for the fund.

(4) Amounts in the fund exceeding the cost of carrying out this section, as decided by the Chairman, shall be deposited in the Treasury as miscellaneous receipts to reimburse the United States Government for amounts appropriated under subsection (g) of this section.

(g) Authorization of Appropriations.—There are authorized to be appropriated—

(1) $6,000,000 for site preparation, design, planning, construction, and associated administrative costs for the restoration of the Memorial and other historical and memorial sites referred to in subsection (a) of this section; and

(2) amounts necessary to operate and maintain the Memorial and those other historical and memorial sites.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1274.

§2109 · Foreign Currency Fluctuations Account

(a) Establishment and Purpose.—There is an account in the Treasury known as the “Foreign Currency Fluctuations, American Battle Monuments Commission, Account”. The Account shall be used to provide amounts, in addition to amounts appropriated for salaries and expenses of the Commission, to pay the cost of salaries and expenses that exceeds the amount appropriated for salaries and expenses because of fluctuations in currency exchange rates of foreign countries occurring after a budget request for the Commission is submitted to Congress. The Account may not be used for any other purpose.

(b) Increase in Permissible Obligations of Amounts.—A provision of law limiting the amounts the Commission may obligate in a fiscal year shall be increased to the extent necessary to reflect fluctuations in exchange rates from those used in preparing the budget submission.

(c) Transferred Amounts.—(1) Amounts in the Account may be transferred to amounts appropriated for salaries and expenses of the Commission. Transferred amounts shall be merged with, and are available for the same time period as, the appropriation to which they are applied.

(2) Amounts transferred from the Account may be transferred back—

(A) if the amounts are not needed to pay obligations incurred because of fluctuations in currency exchange rates of foreign countries in the appropriation to which the amounts were originally transferred; or

(B) because of subsequent favorable fluctuations in the rates or because other amounts are, or become, available to pay the obligations.

(3) Amounts transferred to an appropriation under this subsection may not be transferred back to the Account after the end of the 2d fiscal year after the fiscal year in which the appropriation was available for obligation.

(d) Recording of Obligations and Fluctuations in Exchange Rates.—An obligation of the Commission payable in the currency of a foreign country may be recorded as an obligation based on exchange rates used in preparing a budget submission. A change reflecting fluctuations in exchange rates may be recorded as a disbursement is made.

(e) Unobligated Balances.—The unobligated balance of an appropriation for salaries and expenses may be transferred to the Account not later than the end of the second fiscal year following the fiscal year for which the appropriation was made. The unobligated balance shall be merged with, and be available for the same period and purposes as, the Account.

(f) Annual Report.—The Commission each year shall submit to the appropriate committees of Congress a report on amounts transferred under this section.

(g) Authorization of Appropriations.—There is authorized to be appropriated $3,000,000 to the Account.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1275.

§2110 · Claims against the Commission

A claim against the American Battle Monuments Commission that is similar to a claim described in section 2734 of title 10, that is based on damage to, or loss or destruction of, property, or personal injury or death of an individual, and that is caused by the negligent or wrongful act or omission of an officer or civilian employee of the Commission acting within the scope of the officer's or employee's office or employment, may be settled, decided, and paid as provided in section 2734 for the settlement of Army claims. However, the Secretary of the Army may appoint an officer or employee of the Commission to a claims commission or as an officer to approve settlements of claims made by the claims commission. All payments in settlement of a claim shall be made out of appropriations made to carry out this chapter.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1276.

§2111 · Presidential duties and powers

(a) Arrangements With Foreign Countries.—The President is requested to make the necessary arrangements with the proper authorities of the appropriate foreign countries to enable the American Battle Monuments Commission to carry out this chapter.

(b) Transfer of Administrative Duties and Powers and Supplies, Material, and Equipment to Commission.—(1) The President by executive order may transfer to the Commission—

(A) the same administrative duties and powers related to a permanent military cemetery located outside the United States and the territories and possessions of the United States that were transferred to the Commission by Executive Order 6614, February 26, 1934, and Executive Order 10057, May 14, 1949, as amended by Executive Order 10087, December 3, 1949; and

(B) supplies, material, and equipment located in the permanent military cemetery or in a military depot overseas that—

(i) the Department of Defense does not need; and

(ii) the Commission requests to carry out the duties and powers specified in clause (A) of this paragraph.

(2) After a transfer under this subsection, the Commission shall maintain the cemetery and all improvements in it.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1276.

§2112 · Care and maintenance of Surrender Tree site

The American Battle Monuments Commission is responsible for the care and maintenance of the Surrender Tree site in Santiago, Cuba.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1276.

Chapter 23. United States Holocaust Memorial Council

§2301 · Establishment and purposes

The United States Holocaust Memorial Council is an independent establishment of the United States Government. The Council shall—

(1) provide for appropriate ways for the Nation to commemorate the Days of Remembrance as an annual, national, civic commemoration of the Holocaust;

(2) encourage and sponsor appropriate observances of the Days of Remembrance throughout the United States;

(3) plan, construct, and operate a permanent living memorial museum to the victims of the Holocaust in cooperation with such obligations.(6)(A) Subject to subparagraphs (B) and (C),

the Secretary of

the Interior and other departments, agencies, and instrumentalities of the United States Government as provided in section 2305 of this title; and

(4) develop a plan for carrying out the recommendations of the President's Commission on the Holocaust in its report to the President of September 27, 1979, to the extent the recommendations are not otherwise provided for in this chapter.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1277.

§2302 · Membership

(a) Composition.—(1) The United States Holocaust Memorial Council consists of 65 voting members and the following ex officio nonvoting members:

(A) one appointed by the Secretary of the Interior.

(B) one appointed by the Secretary of State.

(C) one appointed by the Secretary of Education.

(2) Of the 65 voting members—

(A) the President of the United States appoints 55;

(B) the Speaker of the House of Representatives appoints five from among members of the House of Representatives; and

(C) the President pro tempore of the Senate appoints five, on the recommendation of the majority and minority leaders, from among members of the Senate.

(b) Terms of Office.—(1) Except as provided in this subsection, Council members serve for terms of 5 years.

(2) The terms of the five members of the House of Representatives and the five members of the Senate appointed during a term of Congress expire at the end of that term of Congress.

(c) Chairperson and Vice Chairperson.—The President of the United States shall appoint the Chairperson and Vice Chairperson of the Council from among the members of the Council. The Chairperson and Vice Chairperson serve for terms of 5 years.

(d) Vacancies.—(1) A vacancy on the Council shall be filled in the same manner as the original appointment was made.

(2) A member appointed to fill a vacancy occurring before the expiration of the term for which the predecessor was appointed shall be appointed only for the remainder of the term. A member, except a Member of Congress appointed by the Speaker of the House of Representatives or the President pro tempore of the Senate, may serve after the expiration of a term until a successor takes office.

(3) The President of the United States fills a vacancy in the offices of the Chairperson and Vice Chairperson.

(e) Reappointment.—A member whose term expires may be reappointed. The Chairperson and Vice Chairperson may be reappointed to those offices.

(f) Pay and Expenses.—(1) Except as provided in paragraph (2) of this subsection, members of the Council may be paid the daily equivalent of the maximum annual rate of basic pay payable under section 5376 of title 5 for each day (including traveltime) during which they perform duties of the Council. A member is entitled to travel expenses, including a per diem allowance, as provided under section 5703 of title 5, United States Code.

(2) Members who are full-time officers or employees of the United States Government or Members of Congress may not receive additional pay because of their service on the Council.

(g) Associated Committees.—Subject to appointment by the Chairperson, an individual who is not a member of the Council may be designated as a member of a committee associated with the Council. The individual serves without cost to the Government.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1277.

§2303 · Executive Director

(a) Appointment and Pay.—The Chairperson of the United States Holocaust Memorial Council shall appoint an Executive Director, subject to confirmation by the Council. The Executive Director may be paid with nonappropriated funds. However, if the Executive Director is paid with appropriated funds, the rate of pay shall be a rate that is

Veterans Affairs may expend not more than

the maximum rate of basic pay payable under section 5376 of title 5, United States Code. The Executive Director serves at the pleasure of the Council.

(b) Duties and Powers.—The Executive Director may—

(1) appoint employees in the competitive service subject to chapter 51 and subchapter III of chapter 53 of title 5, United States Code;

(2) appoint and fix the compensation (at a rate that is not more than the maximum rate of basic pay payable under section 5376 of title 5, United States Code) of not more than three employees, notwithstanding any other law; and

(3) implement decisions of the Council, in the manner the Council directs, and carry out other functions the Council, the Executive Committee of the Council, or the Chairperson assigns.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1278.

§2304 · Gifts, bequests, and devises of property

(a) General.—The United States Holocaust Memorial Council may solicit, accept, own, administer, invest, and use gifts, bequests, and devises of property to aid or facilitate the construction, maintenance, and operation of the memorial museum. The property and the proceeds of the property shall be used as nearly as possible in accordance with the terms of the gift, bequest, or devise donating the property. Funds donated to and accepted by the Council under this section are not considered appropriated funds and are not subject to any requirements or restrictions applicable to appropriated funds.

(b) Tax Treatment.—For the purposes of Federal income, estate, and gift taxes, property accepted under this section is deemed to be a gift, bequest, or devise to the United States Government.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1278.

§2305 · Memorial museum

(a) Transfer or Purchase of Real Property in the District of Columbia.—For the purpose of establishing the memorial museum, and with the approval of the Secretary of the Interior in consultation with the Commission of Fine Arts and the National Capital Planning Commission—

(1) a department, agency, or instrumentality of the United States Government may transfer to the administrative jurisdiction of the United States Holocaust Memorial Council, any real property in the District of Columbia that is under the administrative jurisdiction of the department, agency, or instrumentality and that the Council considers suitable for the memorial museum; and

(2) the Council may purchase, with the consent of the owner, any real property within the District of Columbia that the Council considers suitable for the memorial museum.

(b) Architectural Design Approval.—The architectural design for the memorial museum is subject to the approval of the Secretary of the Interior, in consultation with the Commission of Fine Arts and the National Capital Planning Commission.

(c) Insurance.—The Council shall maintain insurance on the memorial museum to cover the risks, in the amount, and containing the terms the Council considers necessary.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1278.

§2306 · Audits

When requested by Congress, the Comptroller General shall audit financial transactions of the United States Holocaust Memorial Council, including those involving donated funds, under generally accepted auditing standards. The Council shall make available for an audit under this section all records, items, or property used by the Council that are necessary for the audit. The Council shall provide facilities for verifying transactions with the balances.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1279.

§2307 · Administrative

(a) Bylaws.—(1) The United States Holocaust Memorial Council shall adopt bylaws to carry out its functions under this chapter.

(2) The Chairperson of the Council may waive a bylaw when the Chairperson decides the waiver is in the best interest of the Council. Immediately after waiving a bylaw, the Chairperson shall send written notice to every voting member of the Council. The waiver becomes final 30 days after the notice is sent unless a majority of Council members disagrees in writing before the end of the 30-day period.

(b) Quorum.—One-third of the members of the Council is a quorum. A vacancy in the Council does not affect its power to function.

(c) Experts and Consultants.—The Council may procure the temporary or intermittent services of experts or consultants under section 3109 of title 5, United States Code, at rates that are not more than the daily equivalent of the maximum annual rate of basic pay payable under section 5376 of title 5, United States Code.

(d) Contract Authority.—In accordance with applicable law, the Council may make contracts or other arrangements with public agencies or authorities and with private organizations and persons and may make payments necessary to carry out its functions under this chapter.

(e) Assistance From Other United States Government Departments, Agencies, and Instrumentalities.—The Secretary of the Smithsonian Institution, the Library of Congress, and all departments, agencies, and instrumentalities in the executive branch of the United States Government may assist the Council in carrying out its functions under this chapter.

(f) Administrative Services and Support.—The Secretary of the Interior may provide administrative services and support to the Council on a reimbursable basis.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1279.

§2308 · Annual report

Each year, the Executive Director of the United States Holocaust Memorial Council shall submit to Congress a report on the Executive Director's stewardship of the authority to construct, maintain, and operate the memorial museum, including an accounting of all financial transactions involving donated funds.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1280.

§2309 · Authorization of appropriations

(a) General.—Amounts necessary to carry out this chapter are authorized to be appropriated for each of the fiscal years ending September 30, 1997–2000. Notwithstanding any other law, necessary amounts are authorized to be appropriated to the Council to obtain, from a private insurance carrier, insurance against loss in connection with the memorial museum and related property and exhibits.

(b) Use of Amounts for Construction Barred.—Amounts authorized under this chapter may not be used for construction.

(c) Prior Authority Required.—Authority to make contracts and to make payments under this chapter, using amounts authorized to be appropriated under this section, are effective only to the extent, and in amounts, provided in advance in an appropriations law.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1280.

Chapter 25. President's Committee on Employment of People With Disabilities

§2501 · Acceptance of voluntary services and money or property

The President's Committee on Employment of People With Disabilities—

(1) notwithstanding section 1342 of title 31, may accept voluntary and uncompensated services; and

(2) may solicit, accept, use, and dispose of any money or property the Committee receives.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1280; Pub. L. 105–354, §1(3), Nov. 3, 1998, 112 Stat. 3239.

§2502 · Authorization of appropriations

(a) General.—Amounts necessary for the work of the President's Committee on Employment of People With Disabilities are authorized to be appropriated $100,000 from the Fund in any fiscal year upon projects, activities, and facilities determined by the Secretary to be in keeping with the mission of the Department.

(B) An expenditure under subparagraph (A) may be made only from funds that will remain in the Fund in any fiscal year after payment of expenses incurred with respect to Pershing Hall for such fiscal year and only after the reimbursement of all amounts transferred to the Fund under subsection (d)(2) of this section has been completed.

(C) An expenditure authorized by subparagraph (A) shall be reported by the Secretary to the Congress no later than November 1 of each year

for the fiscal year ending

September 30, 1997, to be expended in the manner and by agencies the President may direct.(b) Uses.—Amounts appropriated under this section are to be used to on the previous September 30.

(e) Waiver

The Secretary may

carry out the

purposes of the National Disability Employment Awareness Month and to enable the President to provide the Committee with adequate personnel to assist in its activities, and otherwise to provide the Committee with the means of carrying out a program to promote the employment of individuals with disabilities, by—

(1) creating interest throughout the United States in the rehabilitation and employment of such individuals; and

(2) obtaining and maintaining cooperation from all public and private groups in the field.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1280.

Subtitle II—Patriotic and National Organizations

Part A—General

Chapter 101. General

§10101 · Audits

(a) General.—Except as otherwise provided, the financial statements of each corporation in part B of this subtitle shall be audited annually in accordance with generally accepted auditing standards by an independent certified public accountant or independent licensed public accountant, certified or licensed by a regulatory authority of a State or other political subdivision provisions of this section without regard to section 8122 of title 38, section 303b of title 40, sections 483 and 484 of title 40, or any other provision of law inconsistent with this section.

Pub. L. 102–86, title IV, §403, Aug. 14, 1991, 105 Stat. 422; Pub. L. 103–79, §4, Aug. 13, 1993, 107 Stat. 772; Pub. L. 103–446, title XII, §1202(c), Nov. 2, 1994, 108 Stat. 4689.

Chapter 23. Board for Fundamental Education

§501 · Corporation created

The following persons: Ernest R. Alexander, of Dallas, Texas; John R. Alford, of Henderson, Texas; William H. Book, of Indianapolis, Indiana; E. M. Dealey, of Dallas, Texas; A. Dale Fiers, of Indianapolis, Indiana; Fred F. Florence, of Dallas, Texas; E. B. Germany, of Dallas, Texas; Sam Gladney, of Dallas, Texas; Theodore B. Griffith, of Indianapolis, Indiana; O. H. Grissom, of Longview, Texas; Harry T. Ice, of Indianapolis, Indiana; J. C. Judge, of Mineola, Texas; George Kuhn, of Indianapolis, Indiana; Charles J. Lynn, of Indianapolis, Indiana; Eugene S. Pulliam, of Indianapolis, Indiana; C. B. Roberts, of Dallas, Texas; William L. Schloss, of Indianapolis, Indiana; Ben H. Wooten, of Dallas, Texas; and Joseph Zeppa, of Tyler, Texas; and their associates and successors are created a body corporate by the name of Board for Fundamental Education (hereinafter referred to as the “corporation”) and by such name shall be known and have perpetual succession and the powers and limitations contained in this chapter.

July 19, 1954, ch. 536, §1, 68 Stat. 489.

§502 · Completion of organization

A majority of the persons named in section 501 of this title, or their successors, are hereby authorized to meet to complete the organization of the corporation by the adoption of a constitution and bylaws, the election of officers, and by doing all things necessary to carry into effect the provisions of this chapter.

July 19, 1954, ch. 536, §2, 68 Stat. 490.

§503 · Objects and purposes of corporation

The objects and purposes of the corporation shall be to foster the development of fundamental education through programs and projects such as—

(1) giving citizens (children, youth, and adults) opportunity to acquire the understandings and skills necessary to relate the resources of the community to the needs and interests of the community.

(2) demonstrating programs of fundamental education and measuring results.

(3) training men and women as leaders in fundamental education by providing internships and other experiences.

July 19, 1954, ch. 536, §3, 68 Stat. 490.

§504 · Powers of corporation

The corporation shall have power—

(1) to sue and be sued, complain and defend in any court of competent jurisdiction;

(2) to adopt, use, and alter a corporate seal;

(3) to choose such officers, managers, agents, and employees as the business of the corporation may require;

(4) to adopt and alter a constitution and bylaws, not inconsistent with the laws of the United States or any State in which such corporation is to operate, for the management of its property and the regulation of its affairs;

(5) to contract and be contracted with;

(6) to take and hold by lease, gift, purchase, grant, devise, or bequest any property, real or personal, necessary for attaining the objects of accomplishing the purposes of the corporation, subject to applicable provisions of law of any State (A) governing the amount or kind of real and personal property which may be held by, or (B) otherwise limiting or controlling the ownership of real and personal property by, a corporation operating in such State;

(7) to transfer and convey real or personal property;

(8) to borrow money for the purposes of the corporation, issue bonds therefor, and secure the same by mortgage, subject to all applicable provisions of Federal or State law;

(9) to use the corporate funds to give prizes, awards, loans, scholarships and grants to deserving students for the purposes set forth in section 503 of this title;

(10) to publish a magazine and other publications; and

(11) to do any and all acts and things necessary and proper to carry out the objects and purposes of the corporation.

July 19, 1954, ch. 536, §4, 68 Stat. 490.

§505 · Principal office; territorial scope of activities; agent for service of process

The activities of the corporation may be conducted throughout the various States, Territories, and possessions

of the United States. The

audit shall be conducted where the financial statements of the corporation normally are kept. The person conducting the audit shall be given access to—(1) all records and property owned or corporation shall maintain at all times in the District of Columbia a designated agent authorized to accept service of process for the corporation, such designation to be filed in the office of the clerk of the United States District Court for the District of Columbia. Notice to or service upon such agent, or mailed to the business address of such agent, shall be deemed sufficient notice or service upon the corporation. The principal office of the corporation shall be established at such place as the board of directors deems appropriate.

July 19, 1954, ch. 536, §5, 68 Stat. 490.

§506 · Membership; voting rights

Eligibility for membership in the corporation and the rights and privileges of members shall, except as provided in this chapter, be determined according to the constitution and bylaws of the corporation. In the conduct of the official business of the corporation each member shall have one vote.

July 19, 1954, ch. 536, §6, 68 Stat. 491.

§507 · Board of directors

The corporation shall be governed by a board of directors composed of not less than fifteen members of the corporation who shall be elected annually to serve on such board by the members of the corporation.

July 19, 1954, ch. 536, §7, 68 Stat. 491.

§508 · Officers

The officers of the corporation shall consist of a chairman of the board, a president, one or more vice presidents, a secretary, a treasurer, and such assistant officers as the board of directors shall designate. The officers shall perform such duties and have such powers as the bylaws and the board of directors may from time to time prescribe.

July 19, 1954, ch. 536, §8, 68 Stat. 491.

§509 · Distribution of income or assets to members; loans

(a) No part of the income or assets of the corporation shall inure to any member, officer, or director, or be distributable to any such person except upon dissolution and final liquidation of the corporation as provided in section 515 of this title.

(b) The corporation shall not make loans to its officers, directors, or employees. Any director who votes for or assents to the making of a loan to any officer, director, or employee of the corporation, and any officer who participates in the making of such a loan shall be jointly and severally liable to the corporation for the amount of such loan until the repayment thereof.

July 19, 1954, ch. 536, §9, 68 Stat. 491.

§510 · Nonpolitical nature of corporation

The corporation and its members, officers, and directors, as such, shall not contribute to or otherwise support or assist any political party or candidate for elective public office.

July 19, 1954, ch. 536, §10, 68 Stat. 491.

§511 · Liability for acts of officers and agents

The corporation shall be liable for the acts of its officers and agents when acting within the scope of their authority.

July 19, 1954, ch. 536, §11, 68 Stat. 491.

§512 · Prohibition against issuance of stock, payment of dividends, or business activities

The corporation shall have no power to issue any shares of stock or to declare or pay any dividends, or to engage in business for pecuniary profit.

July 19, 1954, ch. 536, §12, 68 Stat. 491.

§513 · Books and records; inspection

The corporation shall keep correct and complete books and records of account and shall also keep minutes of the proceedings of its members, the board of directors, and committees having any authority under the board of directors; and it shall also keep a record of the names and addresses of its members entitled to vote. All books and records of the corporation may be inspected by any member or his agent or attorney, at any reasonable time.

July 19, 1954, ch. 536, §13, 68 Stat. 491.

§514 · Repealed. Pub. L. 88–504, §4(20), Aug. 30, 1964, 78 Stat. 637

§515 · Use of assets on dissolution or liquidation

Upon final dissolution or liquidation of the corporation and after the discharge or satisfaction of all outstanding obligations and liabilities, the remaining assets of the corporation shall be

used by the

corporation necessary to facilitate the audit; and

(2) full facilities for verifying transactions with the balances or securities held by depositories, fiscal agents, and custodians.

(b) Report.—(1) The corporation shall submit a report of the audit to Congress not later than 6 months after the close of the fiscal year for which the audit is made. The report shall describe the scope of the audit and include—

(A) statements necessary to present fairly the corporation's assets, liabilities, and surplus or deficit, and an analysis of the changes in those amounts during the year;

(B) a statement in reasonable detail of the corporation's income and expenses during the year including the results of any trading, manufacturing, publishing, or other commercial-type endeavor; and

(C) the independent auditor's opinion of those statements.

(2) The report may board of directors for the purposes stated in section 503 of this title or be transferred to some recognized educational foundation.

July 19, 1954, ch. 536, §15, 68 Stat. 492.

§516 · Exclusive right to name, seals, emblems, and badges

The corporation shall have the sole and exclusive right to use the name of Board for Fundamental Education as representing such corporation and such seals, emblems, and badges as the corporation may lawfully adopt.

July 19, 1954, ch. 536, §16, 68 Stat. 492.

§517 · Agents for service of process

As a condition precedent to the exercise of any power or privilege granted to the corporation under this chapter, the corporation shall file in the office of the Secretary of State, or similar office, in each State and in each Territory or possession of the United States in which the corporation is doing business, the name and post office address of an authorized agent in such State, Territory, or possession upon whom legal process or demand against the corporation may be served.

July 19, 1954, ch. 536, §17, 68 Stat. 492.

§518 · Reservation of right to amend or repeal chapter

The right to alter, amend, or repeal this chapter is expressly reserved.

July 19, 1954, ch. 536, §18, 68 Stat. 492.

Chapter 24. Sons of Union Veterans of the Civil War

§531 · Corporation created

The following named persons to wit: General of the Army Douglas MacArthur, New York; Major General Amos A. Fries, retired, and Major General Ulysses S. Grant, 3d, retired, Washington, District of Columbia; Charles Boynton, Long Beach, California; Frank Worner, Inglewood, California; Wilbur Coursey, Fresno, California; Roy A. Davis, Colorado Springs, Colorado; Angus Ogborn, Richmond, Indiana; Thomas M. Horn, Lafayette, Indiana; Alonzo R. Stanfield, Indianapolis, Indiana; Roy J. Bennett, Des Moines, Iowa; Homer L. Young, Waterloo, Iowa; Dr. L. L. Shoppe, Des Moines, Iowa; E. S. Spangler, Newton, Kansas; A. P. Phillips, Newton, Kansas; William Dix, Newton, Kansas; F. Harold Dubord, Waterville, Maine; Hon. Burleigh Martin, Augusta, Maine; General William E. Southard, Bangor, Maine; George W. Kimball, Chelsea, Massachusetts; Brigadier General Otis M. Whitney, Concord, Massachusetts; Charles H. E. Moran, Holyoke, Massachusetts; Governor Alvan Tufts Fuller, Boston, Massachusetts; Charles R. Cowdin, Detroit, Michigan; Birt Hammong, Jackson, Michigan; Charles F. Dexter, Detroit, Michigan; Donald F. Peacock, Detroit, Michigan; Dewey B. Mead, Minneapolis, Minnesota; Donald C. Bennyhof, Hennepin County, Minnesota; William A. Anderson, Minneapolis, Minnesota; Laurence J. Parker, Bennington, New Hampshire; Wallace L. Mason, Keene, New Hampshire; Cleon E. Heald, Keene, New Hampshire; Colonel Edward Black, retired, Bennington, New Hampshire; Albert C. Lambert, Trenton, New Jersey; Colonel Frederic G. Bauer, Ridgewood, New Jersey; Charles A. Otto, Elizabeth, New Jersey; C. Wesley Armstrong, Trenton, New Jersey; Doctor Karl Rothschild, New Brunswick, New Jersey; Rev. Hermon L. Brockway, Ithica, New York; William M. Coffin, Cincinnati, Ohio; Homer A. Ramey, Toledo, Ohio; Miles S. Kuhn, Dayton, Ohio; S. Anselm Skelton, Portsmouth, Ohio; Frederick K. Davis, Eugene, Oregon; Doctor W. E. Buchanan, Eugene, Oregon; Austin D. McReynolds, Eugene, Oregon; Glenn L. Adams, Salem, Oregon; John H. Runkle, Harrisburg, Pennsylvania; C. Leroy Stoudt, Reading, Pennsylvania; Walter C. Mabie, Philadelphia, Pennsylvania; Edgar L. Gale, Seattle, Washington; Edward T. Fairchild, Madison, Wisconsin; Roland J. Steinle, Milwaukee, Wisconsin; Lyall T. Beggs, Madison, Wisconsin; and Doctor William Martin Lamers, Wauwatosa, Wisconsin; and their successors, are created and declared to be a body corporate of the District of Columbia, where its legal domicile shall be, by the name of the Sons of Union Veterans of the Civil War (hereinafter referred to as the corporation), and by such name shall be known and have perpetual succession and the powers, limitations, and restrictions herein contained.

Aug. 20, 1954, ch. 774, §1, 68 Stat. 748.

§532 · Completion of organization

A majority of the persons named in section 531 of this title, acting in person or by written proxy, are authorized to complete the organization of the corporation by the selection of officers and employees, the adoption of a constitution and bylaws not inconsistent with this chapter, and the doing of such other acts as may be necessary for such purpose.

Aug. 20, 1954, ch. 774, §2, 68 Stat. 749.

§533 · Purposes of corporation

The purposes of the corporation shall be: To perpetuate the memory of the Grand Army of the Republic and of the men who saved the Union in 1861 to 1865; to assist in every practicable way in the preservation and making available for research of documents and records pertaining to the Grand Army of the Republic and its members; to cooperate in doing honor to all those who have patriotically served our country in any war; to teach patriotism and the duties of citizenship, the true history of our country, and the love and honor of our flag; to oppose every tendency or movement that would weaken loyalty to, or make for the destruction or impairment of, our constitutional Union; and to inculcate and broadly sustain the American principles of representative government, of equal rights, and of impartial justice for all.

Aug. 20, 1954, ch. 774, §3, 68 Stat. 749.

§534 · Powers of corporation

The corporation shall have power—

(1) to have succession by its corporate name;

(2) to sue and be sued, complain and defend in any court of competent jurisdiction;

(3) to adopt, use, and alter a corporate seal;

(4) to choose such officers, managers, agents, and employees as the activities of the corporation may require;

(5) to adopt, amend, and alter a constitution and bylaws; not inconsistent with the laws of the United States or any State in which the corporation is to operate, for the management of its property and the regulation of its affairs;

(6) to contract and be contracted with;

(7) to take by lease, gift, purchase, grant, devise, or bequest from any public body or agency or any private corporation, association, partnership, firm, or individual and to hold absolutely or in trust for any of the purposes of the corporation any property, real, personal, or mixed, necessary or convenient for attaining the objects and carrying into effect the purposes of the corporation, subject, however, to applicable provisions of law of any State (A) governing the amount or kind of property which may be held by, or (B) otherwise limiting or controlling the ownership of property by, a corporation operating in such State;

(8) to transfer, convey, lease, sublease, encumber and otherwise alienate real, personal or mixed property; and

(9) to borrow money for the purposes of the corporation, issue bonds therefor, and secure the same by mortgage, deed of trust, pledge or otherwise, subject in every case to all applicable provisions of Federal and State laws; and

(10) to do any and all acts and things necessary and proper to carry out the objects and purposes of the corporation.

Aug. 20, 1954, ch. 774, §4, 68 Stat. 749.

§535 · Membership

Eligibility for membership in the corporation and the rights, privileges, and designation of classes of members shall, except as provided in this chapter, be determined as the constitution and bylaws of the corporation may provide. Eligibility for membership in the corporation shall be limited to male blood relatives of persons who served between April 12, 1861, and April 9, 1865, as soldiers or sailors of the United States Army, Navy, Marine Corps or Revenue-Cutter Service, and of such State regiments as were called into active service and were subject to orders of United States general officers between the dates above mentioned and were honorably discharged therefrom at the close of such service or who died in such service.

Aug. 20, 1954, ch. 774, §5, 68 Stat. 750.

§536 · Government; composition; form; meeting plan

The supreme governing authority of the corporation shall be the national encampment thereof, composed of such officers and elected representatives from the several States and other local subdivisions of the corporate organization as shall be provided by the constitution and bylaws: Provided, That the form of the government of the corporation shall always be representative of the membership at large and shall not permit the concentration of the control thereof in the hands of a limited number of members or in a self-perpetuating group not so representative. The meetings of the national encampment may be held in any State or Territory or in the District of Columbia.

Aug. 20, 1954, ch. 774, §6, 68 Stat. 750.

§537 · Council of administration

(a) Duration of authority; responsibilities

During the intervals between the national encampments, the council of administration shall be the governing board of the corporation and shall be responsible for the general policies, program, and activities of the corporation.

(b) Composition of initial council

Upon the enactment of this chapter the membership of the initial council of administration of the corporation shall consist of the present members of the council of administration of the Sons of Union Veterans of the Civil War, the corporation described in section 548 of this title, or such of them as may then be living and are qualified members of said council of administration, to wit: Major General Ulysses S. Grant, 3d, retired; Dewey B. Mead; Reverend Hermon L. Brockway; Laurence J. Parker; George W. Kimball, Frederick K. Davis; and Albert C. Lambert.

(c) Composition of subsequent councils

Thereafter, the council of administration of the corporation shall consist of not less than seven members elected in the manner and for the term prescribed in the constitution and bylaws of the corporation.

Aug. 20, 1954, ch. 774, §7, 68 Stat. 750.

§538 · Officers

The officers of the corporation shall be a commander in chief, a senior vice commander in chief, a junior vice commander in chief, a secretary and a treasurer (which latter two offices may be held by one person), and such other officers as may be prescribed in the constitution and bylaws. The officers of the corporation shall be selected in such manner and for such terms and with such duties and titles as may be prescribed in the constitution and bylaws of the corporation.

Aug. 20, 1954, ch. 774, §8, 68 Stat. 751.

§539 · Principal office; territorial scope of activities; agent for service of process

(a) The principal office of the corporation shall be located in Trenton, New Jersey, or in such other place as may be determined by the council of administration; but the activities of the corporation shall not be confined to that place, but may be conducted throughout the various States and District of Columbia, and Territories and possessions of the United States.

(b) The corporation shall have in the District of Columbia at all times a designated agent authorized to accept service of process for the corporation; and notice to or service upon such agent, or mailed to the business address of such agent, shall be deemed notice to or service upon the corporation.

Aug. 20, 1954, ch. 774, §9, 68 Stat. 751.

§540 · Distribution of income or assets to members; loans

(a) No part of the income or assets of the corporation shall inure to any of its members or officers as such, or be distributable to any of them during the life of the corporation or upon its dissolution or final liquidation. Nothing in this subsection, however, shall be construed to prevent the payment of compensation to officers of the corporation or reimbursement for actual necessary expenses in amounts approved by the council of administration of the corporation.

(b) The corporation shall not make loans to its officers or employees. Any member of the council of administration who votes for or assents to the making of a loan or advance to an officer or employee of the corporation, and any officer who participates in the making of such a loan or advance, shall be jointly and severally liable to the corporation for the amount of such loan until the repayment thereof.

Aug. 20, 1954, ch. 774, §10, 68 Stat. 751.

§541 · Nonpolitical nature of corporation

The corporation and its officers and agents as such shall not contribute to or otherwise support or assist any political party or candidate for public office.

Aug. 20, 1954, ch. 774, §11, 68 Stat. 751.

§542 · Liability for acts of officers and agents

The corporation shall be liable for the acts of its officers and agents when acting within the scope of their authority.

Aug. 20, 1954, ch. 774, §12, 68 Stat. 751.

§543 · Prohibition against issuance of stock or payment of dividends

The corporation shall have no power to issue any shares of stock or to declare or pay any dividends.

Aug. 20, 1954, ch. 774, §13, 68 Stat. 751.

§544 · Books and records; inspection

The corporation shall keep correct and complete books and records of account and shall keep minutes of the proceedings of its national encampments and council of administration. All books and records of the corporation may be inspected by any member, or his agent or attorney, for any proper purpose, at any reasonable time.

Aug. 20, 1954, ch. 774, §14, 68 Stat. 751.

§545 · Repealed. Pub. L. 88–504, §4(21), Aug. 30, 1964, 78 Stat. 637

§546 · Annual report

On or before March 1 of each year the corporation shall report to the Congress on its activities during the preceding fiscal year. Such report may consist of a report on the proceedings of the National Encampment covering such fiscal year. Such report shall

not be printed as a public

document, except as part of proceedings authorized to be printed under section 1332 of title 44.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1283.

§10102 · Reservation of right to amend or repeal

(a) General.—Congress reserves the right to amend or repeal the provisions of part B of this subtitle.

(b) Nonapplication.—Subsection (a) of this section does not apply to chapters 213, 407, 801, 1403, 1503 (except section 150302(b)), 1513, 1517, 1531, and 1539 of this title.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1283.

Part B—Organizations

Chapter 201. Agricultural Hall of Fame

§20101 · Organization

(a) Federal Charter.—Agricultural Hall of Fame (in this chapter, the “corporation”) is a federally chartered corporation.

(b) Perpetual Existence.—Except as otherwise provided, the corporation has perpetual existence.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1284.

§20102 · Purposes

The purposes of the corporation are—

(1) to receive and maintain one or more funds and to use document.

Aug. 20, 1954, ch. 774, §16, 68 Stat. 752.

§547 · Exclusive right to name, emblems, seals, and badges

The corporation and its subordinate divisions shall have the sole and exclusive right to use the name, the Sons of Union Veterans of the Civil War. The corporation shall have the exclusive and sole right to use, or to allow or refuse the use of, such emblems, seals, and badges as it may legally adopt, and such emblems, seals, and badges as have heretofore been used by the Illinois corporation described in section 548 of this title and the right to which may be lawfully transferred to the corporation.

Aug. 20, 1954, ch. 774, §17, 68 Stat. 752.

§548 · Acquisition of assets and liabilities of existing corporation

The corporation may acquire the assets of the Sons of Union Veterans of the Civil War, a corporation organized under the laws of the State of Illinois, upon discharging or satisfactorily providing for the payment and discharge of all of the liability of such corporation and upon complying with all laws of the State of Illinois applicable thereto.

Aug. 20, 1954, ch. 774, §18, 68 Stat. 752.

§549 · Use of assets on dissolution or liquidation

Upon dissolution or final liquidation of the corporation, after discharge or satisfaction of all outstanding obligations and liabilities, the remaining assets, if any, of the corporation shall be distributed in accordance with the determination of the council of administration and in compliance with the constitution and bylaws of the corporation and all Federal and State laws applicable thereto.

Aug. 20, 1954, ch. 774, §19, 68 Stat. 752.

§550 · Reservation of right to amend or repeal chapter

The right to alter, amend, or repeal this chapter is expressly reserved.

Aug. 20, 1954, ch. 774, §20, 68 Stat. 752.

Chapter 25. The Foundation of the Federal Bar Association

§571 · Corporation created

The following-named persons, Justin Miller, California; William L. Ellis, Michigan; Bettin Stalling, Illinois; William S. Tyson, North Carolina; Kennedy C. Watkins, District of Columbia; Martin C. Epstein, New York; Laurence H. Axman, District of Columbia; Julian R. Eagle, Pennsylvania; William F. Farrell, Texas; Barratt O'Hara, Junior, Illinois; Joseph F. Brodie, California; Spurgeon E. Paul, Colorado; J. Edward Hauk, Maryland; Ida I. Kloze, Maryland; William R. Vallance, New York; Clyde Baggarly, Virginia; Charles W. Freeman, California; William A. Roberts, District of Columbia; Ralph G. Cornell, Maryland; Horace Russell, Illinois;

Robert E. Freer, Ohio; Frank J. Delany, Illinois; William N. Morell, Minnesota; Heber H. Rice, Maryland; William E. Reese, Virginia; Robert N. Anderson, Virginia; Marguerite Rawalt, Texas; Robert H. Shields, Maryland; Harold Lee, New York; James E. Palmer, Junior, Virginia; John A. McIntire; Maryland; Major General E. M. Brannon, District of Columbia; Maxwell H. Elliott, New York; Edwin L. Fisher, Maryland; Edward E. Odom, California; Rear Admiral Ira H. Nunn, Arkansas; Herman Phleger, California; Arthur J. Klayman, Illinois; F. Joseph Donohue, District of Columbia; Frank J. Parker, New York; Ernest Votaw, Pennsylvania; T. Wade Harrison, Florida; Admiral O. S. Colclough, Pennsylvania; J. Lee Rankin, Nebraska; Stanley N. Barnes, California; Newell Blair, Virginia;

Clarence A. Davis, Nebraska; Ralph E. Becker, New York; George J. Bott, Maryland; John C. Doerfer, Wisconsin; Richard S. Doyle, Maryland; Whitney Gilliland, Iowa; Abe McGregor Goff, Idaho; Earl W. Kintner, Indiana; J. Hervey Macomber, Vermont; William P. McCracken, District of Columbia; Andrew P. Murphy, Junior, Massachusetts; Lambert McAllister, Ohio; Joe E. Moody, Missouri; Lawrence C. Moore, District of Columbia; Perry Morton, Nebraska; Emory T. Nunneley, Pennsylvania; William Simon, District of Columbia; Conrad Snow, New Hampshire; William H. Timbers, Connecticut; F. Trowbridge vomBaur, District of Columbia; Frank H. Weitzel, District of Columbia; Curtis C. Williams, Ohio; Emory J. Woodall, Virginia; Wendell Barnes, Oklahoma; Roger S. Foster, District of Columbia; Calvert Magruder, Massachusetts;

George C. Sweeney, Massachusetts; John C. Knox, New York; Edward J. Dimock, New York; David N. Edelstein, New York; Clarence G. Galston, New York; John Knight, New York; John J. Parker, North Carolina; Armistead M. Dobie, Virginia; Harry E. Watkins, West Virginia; Joseph C. Hutcheson, Virginia; Thomas F. McAllister, Michigan; F. Ryan Duffy, Wisconsin; John Caskie Collet, Missouri; John Sanborn, Minnesota; Robert C. Bell, Minnesota; William Denman, California; Albert Lee Stephens, California; Alfred P. Murrah, Oklahoma; George Thomas Washington, District of Columbia; Charles Fahy, District of Columbia; Bolitha J. Laws, District of Columbia; F. Dickinson Letts, District of Columbia; Luther W. Youngdahl, District of Columbia; William P. Cole, Junior, District of Columbia; Paul D. Shriver, Guam; Dennis F. Donovan, Minnesota;

Alfred C. Clapp, New Jersey; L. Dale Coffman, California; John T. Fey, District of Columbia; Jefferson B. Fordham, Pennsylvania; Erwin N. Griswold, Massachusetts; Albert J. Harno, Illinois; L. A. Haslup, Florida; Harold C. Havighurst, Illinois; Paul M. Hebert, Louisiana; Elwood H. Hettrick, Massachusetts; Jacob D. Hyman, New York; Schuyler W. Jackson, Kansas; George M. Johnson, District of Columbia; Gordon Johnston, Colorado; Charles H. King, Michigan; Robert Kingsley, California; Arthur Larson, Pennsylvania; J. A. McClain, Junior, North Carolina; Glenn A. McCleary, Missouri; F. J. Moreau, Kansas; William T. Muse, Virginia; Russell D. Niles, New York; Maynard E. Pirsig, Minnesota; F. D. G. Ribble, Virginia; John Ritchie, Wisconsin; David E. Snodgrass, California;

Carl Spaeth, California; Elvis J. Stahr, Junior, Kentucky; Robert S. Stevens, New York; Wesley Sturges, Connecticut; Harry D. Taft, Illinois; Reverend Joseph T. Tinnelly, New York; Martin Tollefson, Iowa; Leon H. Wallace, Indiana; Clayton E. Williams, Virginia; Roscoe L. Barrow, Ohio; Henry P. Brandis, Junior, Colorado; A. L. Gausewitz, New Mexico; Spencer L. Kimball, Utah; C. W. Leaphart, Montana; Daniel J. McKenna, Michigan; Joseph O'Meara, Indiana; R. A. Rasco, Florida; Seward Reese, Oregon; Earl Sneed, Junior, Oklahoma; Brendan F. Brown, District of Columbia; O. H. Thormodsgard, North Dakota; Ray Forrester, Louisiana; are created a body corporate, of the District of Columbia and there domiciled, by the name of “The Foundation of the Federal Bar Association” (hereafter referred to as the “corporation”) and by such name shall be known and have perpetual succession and the powers and limitations contained in this chapter.

Aug. 24, 1954, ch. 911, §1, 68 Stat. 795.

§572 · Completion of organization

A majority of the persons named in section 571 of this title are authorized to complete the organization of the corporation by the selection of officers and employees, the adoption of a constitution and bylaws, not inconsistent with this chapter, and the doing of such other acts as may be necessary for such purpose.

Aug. 24, 1954, ch. 911, §2, 68 Stat. 796.

§573 · Objects and purposes of corporation

The objects and purposes of the corporation are as follows:

(1) To receive and hold by bequest, devise, gift, grant, purchase, lease, or otherwise, either absolutely or jointly with any other person or persons or corporation, for any of the purposes hereinafter set forth, any property, real, personal, or mixed, or any undivided interest therein; to convey, sell, or otherwise dispose of such property, and to invest, reinvest, administer, and deal with the same in such manner as in the judgment of the directors of the corporation will best promote the purposes of the corporation, but without and free from restrictions applicable to trustees or trust funds,

(2) To apply its income, and if the corporation so decides, all or

any part of the principal or interest only its principal, exclusively to the following educational, charitable, scientific, or literary purposes, or any of them:

(a) To advance the science of jurisprudence;

(b) To uphold high standards for the Federal judiciary and for attorneys representing the Government of the United States;

(c) To promote and improve the administration of justice, including the study of means for the improved handling of the legal business of the several Federal departments and establishments;

(d) To facilitate the cultivation and diffusion of knowledge and understanding of the law and the promotion of the study of the law and the science of jurisprudence and research therein, through the maintenance of a law library, the establishment of seminars, lectures, and studies devoted to the law, and the publication of addresses, essays, treatises, reports and other literary works by students, practitioners, and teachers of the law; and

(e) To provide for the acquisition, preservation and exhibition of rare books and documents, sculptures, paintings and other objects of art and historical interest relating to the law, the courts and the legal profession,

(3) To do any and all things necessary or incident to the accomplishment of the foregoing purposes.

Aug. 24, 1954, ch. 911, §3, 68 Stat. 797.

§574 · Powers of corporation

The corporation shall have the following powers:

(a) To sue and be sued, complain and defend in any court of competent jurisdiction.

(b) To adopt, alter, and use a corporate seal.

(c) To choose such officers, managers, and agents as the business of the corporation may require.

(d) To adopt, amend, apply, and administer bylaws, not inconsistent with the laws of the United States of America or any State in which the corporation is to operate, for the management of its property and the regulation of its affairs.

(e) To contract and be contracted with.

(f) To take and hold by lease, gift, purchase, grant, devise, bequest, or otherwise, any property, real or personal, or mixed, necessary for carrying into effect the purposes of the corporation, subject to applicable provisions of law of any State (1) governing the amount or kind of real and personal property which may be held by, or (2) otherwise limiting or controlling the ownership of real and personal property by, a corporation operating in such State.

(g) To transfer, lease, or convey real or personal property.

(h) To borrow money for the purposes of the corporation, and issue bonds or other evidences of indebtedness therefor, and secure the same by mortgage or pledge subject to applicable Federal or State laws.

(i) To do any and all acts necessary and proper to carry out the purposes of the corporation.

Aug. 24, 1954, ch. 911, §4, 68 Stat. 797.

§575 · Principal office; territorial scope of activities; agent for service of process

(a) The corporation shall have its principal office in the District of Columbia and may conduct its activities at any place or places in the United States, or elsewhere.

(b) The corporation shall have in the District of Columbia at all times a designated agent authorized to accept service of process for the corporation; and notice served upon such agent, or mailed to such agent at such business address, shall be deemed service upon or notice to the corporation.

Aug. 24, 1954, ch. 911, §5, 68 Stat. 798.

§576 · Membership; voting rights

(a) The membership of the corporation consists of the persons listed in section 571 of this title, the persons who hereafter become members of the National Council of the Federal Bar Association, a non-profit corporation of the District of Columbia (for the duration of their membership as such), and such others as the corporation may provide for by bylaw or otherwise.

(b) Each member of the corporation may cast one vote on each matter submitted to a vote of the members.

Aug. 24, 1954, ch. 911, §6, 68 Stat. 798.

§577 · Board of directors

(a) Composition of initial board

The governing body of the corporation is its board of directors, which during 1954, will comprise the following:

Bettin Stalling, of Illinois;

Stanley N. Barnes, of California;

Clarence A. Davis, of Nebraska;

Earl W. Kintner, of Indiana;

Lawrence H. Axman, District of Columbia;

Wendell Barnes, of Oklahoma;

William L. Ellis, of Michigan; and

Arthur J. Klayman, of Illinois,

who are currently members of the executive committee of the Federal Bar Association.

(b) Composition of subsequent boards; tenure

Thereafter the board of directors will consist of twelve persons elected, and subject to removal at any time, by majority vote of the members of the corporation. The term of office of the elected members of the board is for six years, except that, for the first elected board, four shall be elected for a term of two years, four for a term of four years, and four for a term of six years. Vacancies in the board of directors, caused by expiration of the members’ terms or otherwise, shall be filled by a majority vote of the members of the corporation.

(c) Powers; voting rights; meetings

The board of directors may exercise, or provide for the exercise of, the powers herein granted to the corporation, and each member of the board shall have one vote upon all matters determined. The board shall meet at least annually. The board may delegate its powers to a prudential committee subject to the direction of, and reporting to, the board. The president of the corporation shall act as chairman of the board and of the committee.

Aug. 24, 1954, ch. 911, §7, 68 Stat. 798.

§578 · Officers

(a) The officers of the corporation shall consist of a president, vice president, secretary, treasurer, historian, and such other officers as may be determined by bylaw.

The officers shall have such powers, consistent with this charter, as may be provided by bylaw.

(b) The officers shall be elected by the board of directors at its initial meeting and thereafter at its annual designated meeting and shall serve for a term of one year.

Aug. 24, 1954, ch. 911, §8, 68 Stat. 799.

§579 · Distribution of income or assets to members; loans

(a) No part of the net earnings of the corporation shall inure to the benefit of any member, officer, director, or private individual, nor shall any member or private individual be liable for the obligations of the corporation.

(b) The corporation shall not make any loans to its officers or members of the board of directors. Any officer or director who votes for, assents to, or participates in the making of a loan or advance to an officer or director shall be jointly and severally liable to the corporation for the amount of such loan until its repayment.

Aug. 24, 1954, ch. 911, §9, 68 Stat. 799.

§580 · Nonpolitical nature of corporation

(a) None of the activities, funds, property, or income of the corporation shall be used in carrying on any political activity, directly or indirectly, or in attempting to influence legislation.

(b) Neither the corporation nor its officers or directors shall, as such, contribute to or otherwise support or assist any political party or candidate for elective public office.

Aug. 24, 1954, ch. 911, §10, 68 Stat. 799.

§581 · Liability for acts of officers and agents

The corporation shall be liable for the acts of its officers and agents within the scope of their authority.

Aug. 24, 1954, ch. 911, §11, 68 Stat. 799.

§582 · Prohibition against issuance of stock or payment of dividends

The corporation shall not issue any shares of stock, nor declare or pay dividends.

Aug. 24, 1954, ch. 911, §12, 68 Stat. 799.

§583 · Books and records; inspection

The corporation shall keep correct and complete books and records of account. It shall also keep minutes of the proceedings of its membership and of the board of directors or committees having any of the authority of the board of directors. It shall also keep at its principal office a record giving the names and addresses of its members, directors, and officers. All books and records of the corporation may be inspected by any member or his agent or attorney, for any proper purpose, at any reasonable time.

Aug. 24, 1954, ch. 911, §13, 68 Stat. 799.

§584 · Repealed. Pub. L. 88–504, §4(22), Aug. 30, 1964, 78 Stat. 637

§585 · Use of assets on dissolution or liquidation

Upon final dissolution or liquidation of the corporation, and after the discharge or satisfaction of all outstanding obligations and liabilities, the remaining assets of the corporation shall be deposited in the Treasury of the United States as a miscellaneous receipt.

Aug. 24, 1954, ch. 911, §15, 68 Stat. 800.

§586 · Qualifications for membership

No person who is a member of, or who advocates the principles of, any organization believing in, or working for, the overthrow of the United States Government by force or violence, and no person who refuses to uphold and defend the Constitution of the United States, shall be privileged to become, or continue to be, a member, director, or officer of the corporation.

Aug. 24, 1954, ch. 911, §16, 68 Stat. 800.

§587 · Exclusive right to name

The corporation shall have the sole and exclusive right to use the name, “The Foundation of the Federal Bar Association”.

Aug. 24, 1954, ch. 911, §17, 68 Stat. 800.

§588 · “State” defined

As used in this chapter the word “State” includes the District of Columbia.

Aug. 24, 1954, ch. 911, §18, 68 Stat. 800.

§589 · Reservation of right to amend or repeal chapter

The right to repeal, alter, or amend this chapter at any time is expressly reserved to the Congress.

Aug. 24, 1954, ch. 911, §19, 68 Stat. 800.

Chapter 26. National Fund for Medical Education

§601 · Corporation created

The following persons: Donald C. Balfour, M.D., Rochester, Minnesota; Louis H. Bauer, M.D., Hempstead, New York; Margaret Culkin Banning, Duluth, Minnesota; E. N. Beesley, Indianapolis, Indiana; James F. Bell, Minneapolis, Minnesota; Elmer H. Bobst, New York, New York; Earl Bunting, Washington, District of Columbia; Carl Byoir, New York, New York; James L. Camp, Junior, Franklin, Virginia; Champ Carry, Chicago, Illinois; Robert S. Cheek, Nashville, Tennessee; Colby M. Chester, New York, New York; Frank A. Christensen, New York, New York; Paul F. Clark, Boston, Massachusetts; Lucius D. Clay, New York, New York; S. Sloan Colt, Westhampton Beach, New York; George H. Coppers, New York, New York; William E. Cotter, Scarsdale, New York; C. R. Cox, New York, New York; Howard S. Cullman, New York, New York; Walter J. Cummings, Chicago, Illinois; Willard K. Denton, New York, New York; Raoul E. Desvernine, Washington, District of Columbia; Michael Francis Doyle, Philadelphia, Pennsylvania;

Victor Emanuel, New York, New York; Peter M. Fraser, Hartford, Connecticut; Bernard F. Gimbel, Greenwich, Connecticut; William B. Given, Junior, New York, New York; Robert M. Hanes, Winston-Salem, North Carolina; David M. Heyman, New York, New York; Oveta Culp Hobby, Houston, Texas; Herbert Hoover, New York, New York; B. Brewster Jennings, Glen Head, New York; Eric A. Johnston, Washington, District of Columbia; Devereux C. Josephs, New York, New York; Meyer Kestnbaum, Chicago, Illinois; Edgar Kobak, New York, New York; Allan B. Kline, Chicago, Illinois; Robert Lehman, New York, New York; Samuel D. Leidesdorf, New York, New York; Leroy A. Lincoln, New York, New York; Ralph Lowell, Boston, Massachusetts; Benjamin E. Mays, Atlanta, Georgia; Neil McElroy, Cincinnati, Ohio; George W. Merck, West Orange, New Jersey; Don G. Mitchell, New York, New York; George G. Montgomery, San Francisco, California; Seeley G. Mudd, M.D., Los Angeles, California;

Charles S. Munson, New York, New York; Herschel D. Newsom, Washington, District of Columbia; Edward J. Noble, New York, New York; William S. Paley, New York, New York; Thomas I. Parkinson, New York, New York; F. D. Patterson, Tuskegee, Alabama; Joseph M. Proskauer, New York, New York; B. Earl Puckett, New York, New York; Victor F. Ridder, New York, New York; Owen J. Roberts, Philadelphia, Pennsylvania; Winthrop Rockefeller, Little Rock, Arkansas; Anna M. Rosenberg, New York, New York; T. J. Ross, New York, New York; Howard A. Rusk, M.D., New York, New York; Frank P. Samford, Birmingham, Alabama; Lester N. Selig, Chicago, Illinois; Eustace Seligman, New York, New York; Spyros P. Skouras, New York, New York; Alfred P. Sloan, Junior, New York, New York; George F. Smith, New Brunswick, New Jersey; Harold V. Smith, New York, New York; Harold E. Stassen, Washington, District of Columbia; John P. Stevens, Junior, New York, New York; William C. Stolk, New York, New York; Harvey B. Stone, M.D., Baltimore, Maryland;

Reese H. Taylor, Los Angeles, California; Juan T. Trippe, Greenwich, Connecticut; Thomas J. Watson, New York, New York; Ernest T. Weir, Pittsburgh, Pennsylvania; George Whitney, New York, New York; Robert E. Wilson, Chicago, Illinois; R. W. Woodruff, Atlanta, Georgia; Wilson W. Wyatt, Louisville, Kentucky; J. D. Zellerbach, San Francisco, California; and John S. Zinsser, Philadelphia, Pennsylvania; and their successors, are created and declared to be a body corporate of the District of Columbia, where its legal domicile shall be, by the name of the National Fund for Medical Education (hereinafter referred to as the corporation) and by such name shall be known and have perpetual succession and the powers, limitations, and restrictions herein contained.

Aug. 28, 1954, ch. 1036, §1, 68 Stat. 891.

§602 · Completion of organization

A majority of the persons named in section 601 of this title are authorized to complete the organization of the corporation by the adoption, amendment, and revision of bylaws, not inconsistent with this chapter, and the doing of such other acts as may be necessary for such purpose.

Aug. 28, 1954, ch. 1036, §2, 68 Stat. 892.

§603 · Purposes of corporation

The purposes of the corporation shall be to raise from private sources, disperse and administer funds for medical education and in connection therewith to take other appropriate action to promote and foster the following objectives:

(1) The interpretation of the needs of medical education to the American public;

(2) The encouragement of the growth, development and advancement of constantly improving standards and methods in the education and training of all medical manpower in the Nation; and

(3) The preservation of academic freedom in the institutions of medical education.

Aug. 28, 1954, ch. 1036, §3, 68 Stat. 892.

§604 · Powers of corporation

The corporation shall have power—

(1) to have succession by its corporate name;

(2) to sue and be sued, complain and defend in any court of competent jurisdiction;

(3) to adopt, use, and alter a corporate seal;

(4) to choose such officers, managers, agents, and employees as the business of the corporation may require;

(5) to adopt, amend, and alter a constitution and bylaws, not inconsistent with the laws of the United States or any State in which the corporation is to operate, for the management of its property and the regulation of its affairs;

(6) to contract and be contracted with;

(7) to take by lease, gift, purchase, grant, devise, or bequest from any private corporation, association, partnership, firm or individual and to hold any property, real, personal or mixed, necessary or convenient for attaining the objects and carrying into effect the purposes of the corporation, subject, however, to applicable provisions of law of any State (A) governing the amount or kind of property which may be held by, or (B) otherwise limiting or controlling the ownership of property by, a corporation operating in such State;

(8) to transfer, convey, lease, sublease, encumber and otherwise alienate real, personal or mixed property; and

(9) to borrow money for the purposes of the corporation, issue bonds therefor, and secure the same by mortgage, deed of trust, pledge or otherwise, subject in every case to all applicable provisions of Federal and State laws.

Aug. 28, 1954, ch. 1036, §4, 68 Stat. 892.

§605 · Principal office; territorial scope of activities; agent for service of process

(a) The principal office of the corporation shall be located in New York City, New York, or in such other place as may be later determined by the board of directors, but the activities of the corporation shall not be confined to that place, but may be conducted throughout the various States, Territories, and possessions of the United States.

(b) The corporation shall have in the District of Columbia at all times a designated agent authorized to accept service of process for the corporation; and notice to or service upon such agent, or mailed to the business address of such agent, shall be deemed notice to or service upon the corporation.

Aug. 28, 1954, ch. 1036, §5, 68 Stat. 893.

§606 · Membership; voting rights

(a) Eligibility for membership in the corporation and the rights, privileges, and designation of classes of members shall, except as provided in this chapter, be determined as the constitution and bylaws of the corporation may provide.

(b) Each member of the corporation, other than honorary, sustaining or associate members, shall have the right to one vote on each matter submitted to a vote at all meetings of the members of the corporation.

Aug. 28, 1954, ch. 1036, §6, 68 Stat. 893.

§607 · Board of directors

(a) Composition of initial board

Upon the enactment of this chapter the membership of the initial board of directors of the corporation shall consist of the present members of the executive committee of the National Fund for Medical Education, Incorporated, the corporation described in section 616 of this title, or such of them as may then be living and are qualified members of said executive committee, to wit: Earl Bunting, Washington, District of Columbia; Colby M. Chester, New York, New York; S. Sloan Colt, Westhampton Beach, New York; William E. Cotter, Scarsdale, New York; Victor Emanuel, New York, New York; William B. Given, Junior, New York, New York; Herbert Hoover, New York, New York; Devereux C. Josephs, New York, New York; Samuel D. Leidesdorf, New York, New York; Leroy A. Lincoln, New York, New York; Eustace Seligman, New York, New York; Juan T. Trippe, Greenwich, Connecticut; and John S. Zinsser, Philadelphia, Pennsylvania; together with the following members of the medical profession, namely, Donald C. Balfour, M.D., Rochester, Minnesota; Louis H. Bauer, M.D., Hempstead, New York; Howard A. Rusk, M.D., New York, New York; and Harvey B. Stone, M.D., Baltimore, Maryland.

(b) Composition of subsequent boards; tenure

Thereafter, the board of directors of the corporation shall consist of such number (not less than fifteen and not more than twenty-five, four of whom shall at all times be members of the medical profession), shall be selected in such manner (including the filling of vacancies), and shall serve for such term as may be prescribed in the constitution and bylaws of the corporation.

(c) Duties

The board of directors shall be the governing board of the corporation and, during the intervals between the meetings of members, shall be responsible for the general policies and program of the corporation and for the control of all contributed funds as may be raised by the corporation.

Aug. 28, 1954, ch. 1036, §7, 68 Stat. 893.

§608 · Officers

(a) The officers of the corporation shall be a chairman of the board of directors, a president, one or more vice presidents (as may be prescribed in the constitution and bylaws of the corporation), a secretary, and a treasurer, and one or more assistant secretaries and assistant treasurers as may be provided in the constitution and bylaws.

(b) The officers of the corporation shall be elected in such manner and for such terms and with such duties as may be prescribed in the constitution and bylaws of the corporation.

Aug. 28, 1954, ch. 1036, §8, 68 Stat. 894.

§609 · Distribution of income or assets to members; loans

(a) No part of the income or assets of the corporation shall inure to any of its members, directors, or officers as such, or be distributable to any of them during the life of the corporation or upon its dissolution or final liquidation. Nothing in this subsection, however, shall be construed to prevent the payment of compensation to officers of the corporation in amounts approved by the board of directors of the corporation.

(b) The corporation shall not make loans to its officers, directors, or employees. Any director who votes for or assents to the making of a loan or advance to an officer, director or employee of the corporation, and any officer who participates in the making of such a loan or advance, shall be jointly and severally liable to the corporation for the amount of such loan until the repayment thereof.

Aug. 28, 1954, ch. 1036, §9, 68 Stat. 894.

§610 · Nonpolitical nature of corporation

The corporation, and its officers and directors as such, shall not contribute to or otherwise support or assist any political party or candidate for public office.

Aug. 28, 1954, ch. 1036, §10, 68 Stat. 894.

§611 · Liability for acts of officers and agents

The corporation shall be liable for the acts of its officers and agents when acting within the scope of their authority.

Aug. 28, 1954, ch. 1036, §11, 68 Stat. 894.

§612 · Prohibition against issuance of stock or payment of dividends

The corporation shall have no power to issue any shares of stock or to declare or pay any dividends.

Aug. 28, 1954, ch. 1036, §12, 68 Stat. 894.

§613 · Books and records; inspection

The corporation shall keep correct and complete books and records of account and shall keep minutes of the proceedings of its members, board of directors, and committees having any authority under the board of directors; and it shall also keep at its principal office a record of the names and addresses of its members entitled to vote. All books and records of the corporation may be inspected by any member entitled to vote, or his agent or attorney, for any proper purpose, at any reasonable time.

Aug. 28, 1954, ch. 1036, §13, 68 Stat. 894.

§614 · Repealed. Pub. L. 88–504, §4(23), Aug. 30, 1964, 78 Stat. 637

§615 · Use of assets on dissolution or liquidation

Upon dissolution or final liquidation of the corporation, after discharge or satisfaction of all outstanding obligations and liabilities, the remaining assets, if any, of the corporation shall be distributed in accordance with the determination of the board of directors of the corporation and in compliance with the constitution and bylaws of the corporation and all Federal and State laws applicable thereto.

Aug. 28, 1954, ch. 1036, §15, 68 Stat. 895.

§616 · Acquisition of assets and liabilities of existing corporation

The corporation may acquire the assets of the National Fund for Medical Education, Incorporated, a corporation organized under the laws of the State of New York, upon discharging or satisfactorily providing for the payment and discharge of all of the liability of such corporation and upon complying with all laws of the State of New York applicable thereto.

Aug. 28, 1954, ch. 1036, §16, 68 Stat. 895.

§617 · Reservation of right to amend or repeal chapter

The right to alter, amend, or repeal this chapter is expressly reserved.

Aug. 28, 1954, ch. 1036, §17, 68 Stat. 895.

Chapter 27. Legion of Valor of the United States of America, Inc.

§631 · Corporation created

The following persons, to wit: James G. Walsh, Distinguished Service Cross, 50 Patten Street, Jamaica Plain, Massachusetts; Robert G. Woodside, Distinguished Service Cross, 3858 First Avenue, South, Saint Petersburg, Florida; Deming Bronson, Congressional Medal of Honor, route 2, box 322, Roseburg, Oregon; George E. Parker, Junior, Distinguished Service Cross, Lutherville, Maryland; Leo L. Zingale, Distinguished Service Cross, 3612 East One Hundred and Seventeenth Street, Cleveland, Ohio; John Davis, Congressional Medal of Honor, 800 North Shore Drive, Saint Petersburg, Florida; Glen O. McEwen, Distinguished Service Cross, box 737, Spokane 3, Washington; Ben. Prager, Distinguished Service Cross, 316 Court House, Pittsburgh, Pennsylvania; Earle D. Norton, Distinguished Service Cross, 29 Broadway, New York, New York; Ray Eastman, Navy Cross, 396 LaSalle Avenue, Buffalo 15, New York; Ben Neff, Distinguished Service Cross, 208 Evanston Building, Minneapolis, Minnesota; Warren L. Granger, Navy Cross, 703 Sixteenth Street, Alexandria, Virginia; William Oliver Smith, Distinguished Service Cross, 917 Holt Drive, Raleigh, North Carolina; Robert M. Gaynor, Distinguished Service Cross, 621 South Taylor Street, Arlington, Virginia; Leon M. Hanna, Distinguished Service Cross, box 217, McHenry, Illinois; Bruno O. Forsterer, Congressional Medal of Honor, Walker Street, Oakland, California; Elmer R. Hangartner, Distinguished Service Cross, 2103 Lynn Avenue, Altoona, Wisconsin; Thomas Eadie, Congressional Medal of Honor, 120 Gibbs Avenue, Newport, Rhode Island; John D. Hawk, Congressional Medal of Honor, 3243 Solie, Bremerton, Washington; Leon A. Dombrowski, Distinguished Service Cross, 137 Highland Drive, Williamsville, New York; William C. Hardie, Distinguished Service Cross, post-office box 1396, Billings, Montana; E. Lee Henderson, Navy Cross, 10948 Fruitland Drive, North Hollywood, California; Othel J. Gee, Distinguished Service Cross, 416 Medical Arts Building, Oklahoma City, Oklahoma; Leslie Hardy, Distinguished Service Cross, 1021 East Sierra Vista, Phoenix, Arizona; A. Allen Johnson, Distinguished Service Cross, 953 Dixwell Avenue, New Haven, Connecticut; Dennis C. Turner, Distinguished Service Cross, 1008 Missouri Avenue, Houston, Texas; Columbus Whipple, Distinguished Service Cross, 2704 Brinker Avenue, Ogden, Utah; John D. Licklider, Distinguished Service Cross, 229 Woodrow Avenue, Martinsburg, West Virginia; Murry Wolffe, Navy Cross, 240 Gregory Avenue, Passaic, New Jersey; Willard H. Marshall, Distinguished Service Cross, 31 West Whitney Street, Sheridan, Wyoming; Peter Paul Martinek, Navy Cross, 1731 South Brand Boulevard, Glendale, California; Lucian Adams, Congressional Medal of Honor, 213 Santa Clara Street, San Antonio, Texas; and Edgar H. Bain, post-office box 2, Goldsboro, North Carolina, and their successors, are created and declared to be a body corporate of the District of Columbia, where its legal domicile shall be, by the name of the Legion of Valor of the United States of America, Incorporated (hereinafter referred to as the “corporation”), and by such name shall be known and have perpetual succession and the powers, limitations, and restrictions herein contained.

Aug. 4, 1955, ch. 546, §1, 69 Stat. 486; June 21, 1961, Pub. L. 87–56, §1, 75 Stat. 95.

§632 · Completion of organization

The persons named in section 631 of this title are authorized to complete the organization of the corporation by the selection of officers and employees, the adoption of a constitution and bylaws, not inconsistent with the provisions of this chapter, and the doing of such other acts as may be necessary for such purpose. Five of such persons shall constitute a quorum for the purposes enumerated in this section.

Aug. 4, 1955, ch. 546, §2, 69 Stat. 487.

§633 · Principles and objects of corporation

(a) The principles underlying the corporation are patriotic allegiance to the United States of America, fidelity to its Constitution and law, the security of civil liberty, and the permanence of free institutions.

(b) The objects of the corporation are to cherish the memories of the valiant deeds in arms for which the Congressional Medal of Honor, the Distinguished Service Cross, Air Force Cross, and the Navy Cross are the insignia; to promote true fellowship among its members; to advance the best interests of members of the Armed Forces of the United States of America; to extend all possible relief to needy members of the corporation, their widows, and children; and to stimulate patriotism in the minds of our youth by encouraging the study of the patriotic, military, and naval history of our Nation.

Aug. 4, 1955, ch. 546, §3, 69 Stat. 487; June 21, 1961, Pub. L. 87–56, §2, 75 Stat. 95.

§634 · Powers of corporation

The corporation shall have power—

(1) to have succession by its corporate name;

(2) to sue and be sued, complain and defend in any court of competent jurisdiction;

(3) to adopt, use, and alter a corporate seal;

(4) to charge and collect membership dues;

(5) to adopt, amend, and alter a constitution and bylaws, not inconsistent with the laws of the United States or any State in which the corporation is to operate, for the management of its property and the regulation of its affairs;

(6) to contract and be contracted with;

(7) to take by lease, gift, purchase, grant, devise, or bequest from any private corporation, association, partnership, firm, or individual and to hold any property, real, personal, or mixed, necessary or convenient for attaining the objects and carrying into effect the purposes of the corporation, subject, however, to applicable provisions of law of any State (A) governing the amount or kind of property which may be held by, or (B) otherwise limiting or controlling the ownership of property by, a corporation operating in such State;

(8) to transfer, convey, lease, sublease, encumber, and otherwise alienate real, personal or mixed property; and

(9) to borrow money for the purposes of the corporation, issue bonds therefor, and secure the same by mortgage, deed of trust, pledge, or otherwise, subject in every case to all applicable provisions of Federal and State laws.

Aug. 4, 1955, ch. 546, §4, 69 Stat. 487.

§635 · Principal office; territorial scope of activities; agent for service of process

(a) The principal office of the corporation shall be located in Pittsburgh, Pennsylvania, or in such other place as may later be determined by the board of directors, but the activities of the corporation shall not be confined to that place and may be conducted throughout the various States, Territories, and possessions of the United States.

(b) The corporation shall have in the District of Columbia at all times a designated agent authorized to accept service of process for the corporation; and notice to or service upon such agent, or mailed to the business address of such agent, shall be deemed notice to or service upon the corporation.

Aug. 4, 1955, ch. 546, §5, 69 Stat. 487.

§636 · Membership

(a) Eligibility

All persons of good moral character who are, have been, or may become members of the Armed Forces of the United States or any foreign country of whatever rank, who have received or who may hereafter receive a Congressional Medal of Honor, a Distinguished Service Cross, Air Force Cross or a Navy Cross awarded for acts of extraordinary heroism in connection with military or naval operations against an armed enemy, or for heroism of a specially distinguished character, shall be eligible for active membership in the corporation.

(b) Extension of eligibility to parents and descendants

The corporation shall have the power, moreover, to extend eligibility for membership, either active or associate, to parents and lineal descendants of the persons described in subsection (a) of this section under such conditions and upon such terms as the corporation may specify in its constitution and bylaws.

(c) Voting rights

Each member of the corporation, other than associate members, shall have the right to one vote on each matter submitted to a vote at all meetings of the members of the corporation.

(d) Exception

Notwithstanding the limitations set out in subsections (a) and (b) of this section, any member in good standing of the corporate body referred to in section 646 of this title shall be admitted on request to comparable membership in the corporation created by this chapter.

Aug. 4, 1955, ch. 546, §6, 69 Stat. 488; June 21, 1961, Pub. L. 87–56, §2, 75 Stat. 95.

§637 · Governing body

(a) Composition

Upon the enactment of this chapter the membership of the initial board of directors of the corporation shall consist of the present officers of the Army and Navy Legion of Valor, referred to in section 646 of this title, or such of them as may then be living and are qualified officers of that corporation, to wit: William Oliver Smith, of Raleigh, North Carolina; Peter Paul Martinek, of Glendale, California; Lucian Adams, of San Antonio, Texas; Edgar H. Bain, of Goldsboro, North Carolina; and Ben Prager, of Pittsburgh, Pennsylvania, who are respectively, the commander, the senior vice commander, the junior vice commander, the chaplain, and the adjutant and quartermaster.

(b) Tenure

Thereafter, the board of directors of the corporation shall consist of such number (not less than ten), shall be selected in such manner (including the filling of vacancies), and shall serve for such terms as may be prescribed in the constitution and bylaws of the corporation.

(c) Duties

The board of directors shall be the governing board of the corporation and shall, during the intervals between corporation meetings, be responsible for the general policies and program of the corporation. The board shall be responsible for all finances of the corporation.

Aug. 4, 1955, ch. 546, §7, 69 Stat. 488.

§638 · Officers

(a) The officers of the corporation shall be a commander, a senior vice commander, a junior vice commander, a chaplain, an adjutant and quartermaster, a judge advocate, an inspector, a surgeon, a historian, and such aides-de-camp as may be provided in the constitution and bylaws.

(b) The officers of the corporation shall be elected in such manner and for such terms and with such duties as may be prescribed in the constitution and bylaws of the corporation.

Aug. 4, 1955, ch. 546, §8, 69 Stat. 489.

§639 · Distribution of income or assets to members; loans

(a) No part of the income or assets of the corporation shall inure to any member, officer, or director, or be distributable to any such person otherwise than upon dissolution or final liquidation of the corporation as provided in section 645 of this title. Nothing in this subsection, however, shall be construed to prevent the payment of compensation to officers of the corporation in amounts approved by the executive committee of the corporation.

(b) The corporation shall not make loans to its officers, directors, or employees. Any director who votes for or assents to the making of a loan to an officer, director, or employee of the corporation, and any officer who participates in the making of such loan, shall be jointly and severally liable to the corporation for the amount of such loan until the repayment thereof.

Aug. 4, 1955, ch. 546, §9, 69 Stat. 489.

§640 · Nonpolitical nature of corporation

The corporation, and its officers and directors as such, shall not contribute to or otherwise support or assist any political party or candidate for public office.

Aug. 4, 1955, ch. 546, §10, 69 Stat. 489.

§641 · Liability for acts of officers and agents

The corporation shall be liable for the acts of its officers and agents when acting within the scope of their authority.

Aug. 4, 1955, ch. 546, §11, 69 Stat. 489.

§642 · Prohibition against issuance of stock or payment of dividends

The corporation shall have no power to issue any shares of stock or to declare or pay any dividends.

Aug. 4, 1955, ch. 546, §12, 69 Stat. 489.

§643 · Books and records; inspection

The corporation shall keep correct and complete books and records of account and shall keep minutes of the proceedings of its members, board of directors, and committees having any authority under the board of directors; and it shall also keep at its principal office a record of the names and addresses of its members entitled to vote. All books and records of the corporation may be inspected by any member entitled to vote, or his agent or attorney, for any proper purpose, at any reasonable time.

Aug. 4, 1955, ch. 546, §13, 69 Stat. 489.

§644 · Repealed. Pub. L. 88–504, §4(24), Aug. 30, 1964, 78 Stat. 637

§645 · Use of assets on dissolution or liquidation

Upon final dissolution or liquidation of the corporation, and after discharge or satisfaction of all outstanding obligations and liabilities, the remaining assets of the corporation may be distributed in accordance with the determination of the board of directors of the corporation and in compliance with the constitution and bylaws of the corporation and all Federal and State laws applicable thereto.

Aug. 4, 1955, ch. 546, §15, 69 Stat. 490.

§646 · Acquisition of assets and liabilities of existing corporation

The corporation may acquire the assets of the Army and Navy Legion of Valor of the United States of America, Incorporated, a body corporate organized under the laws of the State of New York, upon discharging or satisfactorily providing for the payment and discharge of all of the liabilities of such State corporation and upon complying with all the laws of the State of New York applicable thereto.

Aug. 4, 1955, ch. 546, §16, 69 Stat. 490.

§647 · Reservation of right to amend or repeal chapter

The right to alter, amend, or repeal this chapter is expressly reserved.

Aug. 4, 1955, ch. 546, §17, 69 Stat. 490.

§648 · Change of name to Legion of Valor of the United States of America, Incorporated

The corporation known as the Army and Navy Legion of Valor of the United States of America, Incorporated, which was incorporated by the Act entitled “An Act to incorporate the Army and Navy Legion of Valor of the United States of America”, approved August 4, 1955 (69 Stat. 486), shall be known and designated on and after June 21, 1961 as the Legion of Valor of the United States of America, Incorporated, and any reference to such corporation under the name of the Army and Navy Legion of Valor of the United States of America, Incorporated, shall be held to refer to such corporation under and by the name of the Legion of Valor of the United States of America, Incorporated.

Pub. L. 87–56, §1, June 21, 1961, 75 Stat. 95.

Chapter 28. National Music Council

§661 · Corporation created

The following persons: Stanley Adams, New York, New York; Irl Allison, Austin, Texas; Leon Barzin, New York, New York; Marion Bauer, New York, New York; Edwine Behre, New York, New York; Thomas H. Belviso, Pelham Manor, New York; Robert Russell Bennett, New York, New York; Duane Branigan, Champaign, Illinois; Howard C. Bronson, Hague, Virginia; John Brownlee, New York, New York; L. Perkins Bull, Glencoe, Illinois; Earl Campbell, Washington, District of Columbia; Leon Carson, New York, New York; Robert A. Choate, Boston, Massachusetts; James Francis Cooke, Philadelphia, Pennsylvania; Paul Creston, Yonkers, New York; Kathleen Davison, Des Moines, Iowa; Norman Dello Joio, New York, New York; Vera Wardner Dougan, Beloit, Wisconsin; Walter G. Douglas, New York, New York; Deane Edwards, Rye, New York; S. Lewis Elmer, New York, New York; Herman Finkelstein, New York, New York; Charles Warren Fox, Rochester, New York; Arthur Flagler Fultz, Boston, Massachusetts;

Percy Walter Gatz, White Plains, New York; Karl Geiringer, Boston, Massachusetts; Ira Gershwin, Beverly Hills, California; Ray Green, New York, New York; Vernon Hammond, Philadelphia, Pennsylvania; Howard Hanson, Rochester, New York; Otto A. Harbach, New York, New York; Ernest E. Harris, New York, New York; Arthur A. Hauser, Berwyn, Pennsylvania; Carl Haverlin, New York, New York; Patrick Hayes, Washington, District of Columbia; Frank W. Hill, Cedar Falls, Iowa; Mark M. Horblit, Boston, Massachusetts; Edwin Hughes, New York, New York; Edna Wallace Johnston, Winter Park, Florida; Archie N. Jones, Austin, Texas; S. Turner Jones, Baldwin, New York; Arthur Judson, New York, New York; Harrison Keller, Boston, Massachusetts; Ruth Kemper, New York, New York; Raymond Kendall, Los Angeles, California; Richard Korn, New York, New York; Olga Koussevitzky, Lenox, Massachusetts; Otto Luening, New York, New York; Mae MacKenzie, Pittsburgh, Pennsylvania;

Joseph E. Maddy, Ann Arbor, Michigan; Donald F. Malin, Boston, Massachusetts; Marie Marti, Detroit, Michigan; Jane R. Mayer, New York, New York; Charles Mayer, New York, New York; Peter Mennin, New York, New York; Ada Holding Miller, Providence, Rhode Island; Howard Mitchell, Washington, District of Columbia; Dmitri Mitropoulos, New York, New York; Douglas Moore, New York, New York; Harold C. Morris, New York, New York; Carol Morse, New York, New York; Walter W. Naumburg, New York, New York; Herman Neuman, New York, New York; Geoffrey O'Hara, Pawling, New York; Ralph Sylvester Peer, New York, New York; Gustave Reese, New York, New York; Claire R. Reis, New York, New York; Cornelia B. Rogers, New York, New York; Willard Rhodes, New York, New York; James Sample, Erie, Pennsylvania; William A. Schroeder, New York, New York; Elie Siegmeister, Great Neck, New York; Izler Soloman, Peekskill, New York; Sigmund Spaeth, New York, New York;

Harold Spivacke, Washington, District of Columbia; Marshall Stearns, New York, New York; William Richard Steinway, New York, New York; Paul Swarm, Decatur, Illinois; Bernard U. Taylor, New York, New York; Anthony Ralph Teta, New Haven, Connecticut; Charles A. Wall, New York, New York; Sidney William Wattenberg, New York, New York; Eleanor Hale Wilson, Seattle, Washington; Philip Wyman, Cincinnati, Ohio; and their associates and successors, are created a body corporate by the name of National Music Council (hereinafter referred to as the “Corporation”) and by such name shall be known and have perpetual succession and the powers and limitations contained in this chapter.

Aug. 1, 1956, ch. 824, §1, 70 Stat. 794.

§662 · Completion of organization

A majority of the persons named in section 661 of this title, or their successors, are hereby authorized to meet to complete the organization of the Corporation by the adoption of a constitution and bylaws, by the election of officers, and by doing all things necessary to carry into effect the provisions of this chapter.

Aug. 1, 1956, ch. 824, §2, 70 Stat. 795.

§663 · Objects and purposes of Corporation

The objects and purposes of the Corporation shall be—

(1) to provide the member organizations with a forum for the free discussion of problems affecting national musical life in this country;

(2) to speak with one voice for music whenever an authoritative expression of opinion is desirable;

(3) to provide for the interchange of information between the various member organizations;

(4) to encourage the coordination of efforts of the member organizations, thereby avoiding duplication or conflict;

(5) to organize exploratory surveys or fact-finding commissions whenever the Corporation shall deem them necessary for the solution of important problems; and

(6) to encourage the development and appreciation of the art of music and to foster the highest ethical standards in the musical professions and industries.

Aug. 1, 1956, ch. 824, §3, 70 Stat. 795.

§664 · Powers of Corporation

The Corporation shall have power—

(1) to sue and be sued, complain and defend in any court of competent jurisdiction;

(2) to adopt, use, and alter a corporate seal;

(3) to choose such officers, managers, agents, and employees as the business of the Corporation may require;

(4) to adopt and alter a constitution and bylaws, not inconsistent with the laws of the United States or any State in which the Corporation is to operate, for the management of its property and the regulation of its affairs;

(5) to contract and be contracted with;

(6) to take and hold by lease, gift, purchase, grant, devise, or bequest any property, real or personal, necessary for attaining the objects or accomplishing the purposes of the Corporation, subject to applicable provisions of law of any State (A) governing the amount or kind of real and personal property which may be held by, or (B) otherwise limiting or controlling the ownership of real and personal property by a corporation operating in such State;

(7) to transfer and convey real or personal property;

(8) to borrow money for the purposes of the Corporation, issue bonds therefor, and secure the same by mortgage, subject to all applicable provisions of Federal or State law;

(9) to use the corporate funds to give prizes, awards, loans, scholarships, and grants to deserving composers, conductors, and others for the purposes set forth in section 663 of this title, and for such other purpose as may be determined to be proper by the board of directors;

(10) to publish a bulletin, magazine, and other publications; and

(11) to do any and all acts and things necessary and proper to carry out the objects and purposes of the Corporation.

Aug. 1, 1956, ch. 824, §4, 70 Stat. 795.

§665 · Principal office; territorial scope of activities; agent for service of process

The activities of the Corporation may be conducted throughout the various States, Territories, and possessions of the United States. The Corporation shall maintain at all times in the District of Columbia a designated agent authorized to accept service of process for the Corporation, such designation to be filed in the office of the clerk of the United States District Court for the District of Columbia. Notice to or service upon such agent, or mailed to the business address of such agent, shall be deemed sufficient notice of service upon the Corporation. The principal office of the Corporation shall be established at such place as the board of directors deems appropriate.

Aug. 1, 1956, ch. 824, §5, 70 Stat. 796.

§666 · Membership; voting rights

Eligibility for membership in the Corporation and the rights and privileges of members, shall, except as provided in this chapter, be determined according to the constitution and by-laws of the Corporation. In the conduct of the official business of the Corporation each member shall have one vote.

Aug. 1, 1956, ch. 824, §6, 70 Stat. 796.

§667 · Governing body; composition; tenure

The Corporation shall be governed by a board of directors, which may be known and referred to as an Executive Committee, composed of not less than ten persons who shall be representative of members of the Corporation or such other persons as shall be selected by the members of the Corporation, and such persons shall be elected by the members of the Corporation annually or at such other regular intervals as may be specified in the by-laws of the Corporation.

Aug. 1, 1956, ch. 824, §7, 70 Stat. 796.

§668 · Officers

The officers of the Corporation shall consist of a chairman of the board, a president, one or more vice presidents, a secretary, a treasurer, and such assistant officers as the board of directors shall designate. The officers shall perform such duties and have such powers as the by-laws and the board of directors may from time to time prescribe.

Aug. 1, 1956, ch. 824, §8, 70 Stat. 796.

§669 · Distribution of income or assets to members; loans

(a) No part of the income or assets of the Corporation shall inure to any member, officer, or director, or be distributable to any such person except upon dissolution and final liquidation of the Corporation as provided in section 675 of this title.

(b) The Corporation shall not make loans to its officers, directors, or employees. Any director who votes for or assents to the making of a loan to any officer, director, or employee of the Corporation, and any officer who participates in the making of such a loan shall be jointly and severally liable to the Corporation for the amount of such loan until the repayment thereof.

Aug. 1, 1956, ch. 824, §9, 70 Stat. 796.

§670 · Nonpolitical nature of Corporation

The Corporation and its members, officers, and directors as such, shall not contribute to or otherwise support or assist any political party or candidate for elective public office.

Aug. 1, 1956, ch. 824, §10, 70 Stat. 796.

§671 · Liability for acts of officers and agents

The Corporation shall be liable for the acts of its officers and agents when acting within the scope of their authority.

Aug. 1, 1956, ch. 824, §11, 70 Stat. 796.

§672 · Prohibition against issuance of stock or payment of dividends

The Corporation shall have no power to issue any shares of stock or to declare or pay any dividends, or to engage in business for pecuniary profit.

Aug. 1, 1956, ch. 824, §12, 70 Stat. 796.

§673 · Books and records; inspection

The Corporation shall keep correct and complete books and records of account and shall also keep minutes of the proceedings of its members, the board of directors, and committees having any authority under the board of directors; and it shall also keep a record of the names and addresses of its members entitled to vote. All books and records of the Corporation may be inspected by any member, or by his agent or attorney, at any reasonable time.

Aug. 1, 1956, ch. 824, §13, 70 Stat. 796.

§674 · Repealed. Pub. L. 88–504, §4(25), Aug. 30, 1964, 78 Stat. 637

§675 · Use of assets on dissolution or liquidation

Upon final dissolution or liquidation of the Corporation and after the discharge or satisfaction of all outstanding obligations and liabilities, the remaining assets of the Corporation shall be used by the board of directors for the purposes stated in section 663 of this title or be be 

Aug. 1, 1956, ch. 824, §15, 70 Stat. 797.

§676 · Exclusive right to name, seals, emblems, and badges

The Corporation shall have the sole and exclusive right to use the name of National Music Council as representing such Corporation and such seals, emblems, and badges as the Corporation may lawfully adopt.

Aug. 1, 1956, ch. 824, §16, 70 Stat. 797.

§677 · Agents for service of process

As a condition precedent to the exercise of any power or privilege granted to the Corporation under this chapter, the Corporation shall file in the office of the Secretary of State, or in the office of another appropriate officer, in each State and in each Territory or possession of the United States in which the Corporation is doing business, the name and post office address of an authorized agent in such State, Territory, or possession upon whom legal process or demand against the Corporation may be served.

Aug. 1, 1956, ch. 824, §17, 70 Stat. 797.

§678 · Acquisition of assets and liabilities of existing corporation

The Corporation may acquire the assets of National Music Council, Incorporated, a corporation organized under the laws of the State of New York, upon discharging or satisfactorily providing for the payment and discharge of all the liabilities of such corporation, and upon complying with all laws of the State of New York applicable thereto.

Aug. 1, 1956, ch. 824, §18, 70 Stat. 797.

§679 · Effective date

The provisions of this chapter shall take effect on the filing in the office of the Clerk of the United States District Court in and for the Southern District of New York of affidavits signed by five of the incorporators named in section 661 of this title to the effect that National Music Council, Incorporated, referred to in section 678 of this title, has been dissolved in accordance with the laws of the State of New York, but only if such affidavits are filed within three years after August 1, 1956.

Aug. 1, 1956, ch. 824, §19, 70 Stat. 797.

§680 · Reservation of right to amend or repeal chapter

The right to alter, amend, or repeal this chapter is expressly reserved.

Aug. 1, 1956, ch. 824, §20, 70 Stat. 797.

Chapter 29. Boys & Girls Clubs of America

§691 · Corporation created

The following persons: Herbert Hoover, New York, New York; William E. Hall, New York, New York; Albert L. Cole, Pleasantville, New York; James A. Farley, New York, New York; Albert C. Wedemeyer, New York, New York; Matthew Woll, New York, New York; Jeremiah Milbank, New York, New York; Stanley Resor, New York, New York; James B. Carey, Washington, District of Columbia; J. Edgar Hoover, Washington, District of Columbia; Lewis L. Strauss, Washington, District of Columbia; General Robert E. Wood, Chicago, Illinois; Frederic Cameron Church, Boston, Massachusetts; H. Bruce Palmer, Newark, New Jersey; Edgar A. Guest, Detroit, Michigan; Nicholas H. Noyes, Indianapolis, Indiana; George A. Scott, San Diego, California; E. E. Fogelson, Dallas, Texas; Ernest Ingold, San Francisco, California; Jesse Draper, Atlanta, Georgia; Julius Epstein, Chicago, Illinois, and their successors; and Gerald W. Blakeley, Jr., Boston, Massachusetts; Roscoe C. Brown, Jr., Bronx, New York; Cees Bruynes, Stamford, Connecticut; Honorable Arnold I. Burns, New York, New York; John L. Burns, Greenwich, Connecticut; Hays Clark, Hobe Sound, Florida; Mrs. Albert L. Cole, Hobe Sound, Florida; Honorable Michael Curb, Burbank, California; Robert W. Fowler, Atlantic Beach, Florida; Thomas G. Garth, New York, New York; Moore Gates, Jr., Princeton, New Jersey; Ronald J. Gidwitz, Chicago, Illinois; John S. Griswold, Greenwich, Connecticut; Claude H. Grizzard, Atlanta, Georgia; George V. Grune, Pleasantville, New York; Peter L. Haynes, New York, New York; James S. Kemper, Northbrook, Illinois; Plato Malozemoff, New York, New York; Edmund O. Martin, Oklahoma City, Oklahoma; Donald E. McNicol, Esq., New York, New York; Carolyn P. Millbank, Greenwich, Connecticut; Jeremiah Milbank, New York, New York; C. W. Murchison III, Dallas, Texas; W. Clement Stone, Lake Forest, Illinois, and their successors, are created and declared to be a body corporate of the District of Columbia, where its legal domicile shall be, by the name of the Boys & Girls Clubs of America (hereinafter referred to as the corporation) and by such name shall be known and have perpetual succession and the powers, limitations, and restrictions herein contained.

Aug. 6, 1956, ch. 976, §1, 70 Stat. 1052; Dec. 10, 1991, Pub. L. 102–199, §1(2), 105 Stat. 1628.

§692 · Completion of organization

A majority of the persons named in section 691 of this title are authorized to complete the organization of the corporation by the adoption of a constitution and bylaws, not inconsistent with this chapter, and the doing of such other acts (including the selection of officers and employees in accordance with such constitution and bylaws) as may be necessary for such purpose.

Aug. 6, 1956, ch. 976, §2, 70 Stat. 1052.

§693 · Purpose of corporation

The purpose of the corporation shall be to promote the health, social, educational, vocational, and character development of youth throughout the United States of America; to receive, invest, and disburse funds and to hold property for the purposes of the corporation.

Aug. 6, 1956, ch. 976, §3, 70 Stat. 1052; Dec. 10, 1991, Pub. L. 102–199, §1(3), 105 Stat. 1628.

§694 · Powers of corporation

The corporation shall have power—

(1) to have succession by its corporate name;

(2) to sue and be sued, complain and defend in any court of competent jurisdiction;

(3) to adopt, use, and alter a corporate seal;

(4) to choose such officers, managers, agents, and employees as the business of the corporation may require;

(5) to adopt, amend, and alter a constitution and bylaws, not inconsistent with the laws of the United States or any State in which the corporation is to operate, for the management of its property and the regulation of its affairs;

(6) to contract and be contracted with;

(7) to take by lease, gift, purchase, grant, devise, or bequest from any private corporation, association, partnership, firm or individual and to hold any property, real, personal, or mixed, necessary or convenient for attaining the objects and carrying into effect the purposes of the corporation, subject, however, to applicable provisions of law of any State (A) governing the amount or kind of property which may be held by, or (B) otherwise limiting or controlling the ownership of property by, a corporation operating in such State;

(8) to transfer, convey, lease, sublease, encumber and otherwise alienate real, personal or mixed property; and

(9) to borrow money for the purposes of the corporation, issue bonds therefor, and secure the same by mortgage, deed of trust, pledge, or otherwise, subject in every case to all applicable provisions of Federal and State laws.

Aug. 6, 1956, ch. 976, §4, 70 Stat. 1052.

§695 · Principal office; territorial scope of activities; agent for service of process

(a) The principal office of the corporation shall be located in New York City, New York, or in such other place as may be later determined by the board of directors, but the activities of the corporation shall not be confined to that place, but may be conducted throughout the various States, Territories, and possessions of the United States.

(b) The corporation shall have in the District of Columbia at all times a designated agent authorized to accept service of process for the corporation; and notice to or service upon such agent, or mailed to the business address of such agent, shall be deemed notice to or service upon the corporation.

Aug. 6, 1956, ch. 976, §5, 70 Stat. 1053.

§696 · Membership; voting rights; benefits of member organizations

(a) Eligibility for membership in the corporation and the rights, privileges, and designation of classes of members shall, except as provided in this chapter, be determined as the constitution and bylaws of the corporation may provide. Each member of the corporation shall have the right to one vote on each matter submitted to a vote at all meetings of the members of the corporation.

(b) Each organization which is a member of the corporation as provided in the constitution thereof shall be entitled to all the benefits of incorporation under this chapter, but such benefits shall cease immediately either upon its resignation from the corporation, or in the event that its membership in the corporation is canceled or otherwise terminated by the board of directors, as provided in the constitution of the corporation.

Aug. 6, 1956, ch. 976, §6, 70 Stat. 1053.

§697 · Governing body

(a) Composition

Upon the enactment of this chapter the membership of the initial board of directors of the corporation shall consist of the present members of the board of directors of the Boys’ Clubs of America, the corporation described in section 706 of this title, or such of them as may then be living and are qualified members of said board of directors, to wit: Hoyt Ammidon, New York, New York; Wendell W. Anderson, Detroit, Michigan; Sewell L. Avery, Chicago, Illinois; Richard E. Berlin, New York, New York; Arthur T. Burger, Boston, Massachusetts; Hendry S. M. Burns, New York, New York; John L. Burns, New York, New York; Peter Capra, New York, New York; James B. Carey, Washington, District of Columbia; Colby M. Chester, New York, New York; Frederic C. Church, Boston, Massachusetts; Albert L. Cole, Pleasantville, New York; Carle C. Conway, New York, New York; Donald K. David, New York, New York; Morse G. Dial, New York, New York; Robert W. Dowling, New York, New York; Kempton Dunn, New York, New York; Gilbert D. Eaton, Oakland, California; Julius Epstein, Chicago, Illinois; James A. Farley, New York, New York; Horace C. Flanigan, New York, New York; E. E. Fogelson, Dallas, Texas; Philip G. Geiger, Pawtucket, Rhode Island; M. Preston Goodfellow, Washington, District of Columbia; J. Peter Grace, Junior, New York, New York; John S. Griswold, New York, New York; Powell C. Groner, Kansas City, Missouri; Edgar A. Guest, Detroit, Michigan;

William Edwin Hall, New York, New York; Robert B. Heppenstall, Pittsburgh, Pennsylvania; William Edwin Hill, New York, New York; Allan Hoover, New York, New York; Herbert Hoover, New York, New York; J. Edgar Hoover, Washington, District of Columbia; Arthur Huck, New York, New York; Austin S. Iglehart, New York, New York; Ernest Ingold, San Francisco, California; Edward Ingraham, Bristol, Connecticut; Gordon Jeffery, Toledo, Ohio; Frank R. Jelleff, Washington, District of Columbia; Grant Keehn, New York, New York; James S. Kemper, Chicago, Illinois; Major William G. Kiefer, Louisville, Kentucky; Philip Le Boutillier, New York, New York; Philip Le Boutillier, Junior, Toledo, Ohio; James A. Linen, New York, New York; John D. Lockton, New York, New York; Fred Loock, Milwaukee, Wisconsin; David I. McCahill, Pittsburgh, Pennsylvania; Charles P. McCormick, Baltimore, Maryland; Everett McCullough, Wichita Falls, Texas; Ira McGuire, Muncie, Indiana; Charles R. Messier, Newark, New Jersey; Jeremiah Milbank, New York, New York; Theodore G. Montague, New York, New York; W. R. Nicholson, Junior, Philadelphia, Pennsylvania; Nicholas H. Noyes, Indianapolis, Indiana; Harry L. Olden, Cincinnati, Ohio; Frank Pace, Junior, New York, New York; August K. Paeschke, Milwaukee, Wisconsin; H. Bruce Palmer, Newark, New Jersey; Richard S. Perkins, New York, New York; Samuel F. Pryor, New York, New York; Stanley Resor, New York, New York; Captain E. V. Rickenbacker, New York, New York; Victor F. Ridder, New York, New York; Fredric E. Schluter, Trenton, New Jersey; George A. Scott, San Diego, California;

Irving J. Scher, Milwaukee, Wisconsin; Grant G. Simmons, New York, New York; P. C. Spencer, New York, New York; Clifford L. Strang, Tonawanda, New York; Edward K. Straus, New York, New York; Lewis L. Strauss, Washington, District of Columbia; Kenneth C. Towe, New York, New York; Maxwell M. Upson, New York, New York; Virgil P. Warren, Atlanta, Georgia; Albert C. Wedemeyer, New York, New York; Morgan W. Wheelock, New York, New York; J. Dugald White, New York, New York; Myron A. Wick, Junior, Stamford, Connecticut; Alfred G. Wilson, Detroit, Michigan; William S. Wilson, New York, New York; Matthew Woll, New York, New York; General Robert E. Wood, Chicago, Illinois; Gordon J. Wormal, Santa Barbara, California; E. A. Wright, Detroit, Michigan; Paul S. Young, Schenectady, New York; William Zeigler, Junior, New York, New York.

(b) Tenure

Thereafter the board of directors of the corporation shall consist of such number as may be prescribed in the constitution of the corporation, and the members of such board shall be selected in such manner (including the filling of vacancies), and shall serve for such terms, as may be prescribed in the constitution and bylaws of the corporation.

(c) Duties

The board of directors shall be the managing body of the corporation and shall have such powers, duties, and responsibilities as may be prescribed in the constitution and bylaws of the corporation.

Aug. 6, 1956, ch. 976, §7, 70 Stat. 1053.

§698 · Officers

(a) The officers of the corporation shall be a chairman of the board of directors, a president, one or more vice presidents (as may be prescribed in the constitution and bylaws of the corporation), a secretary, and a treasurer, and one or more assistant secretaries and assistant treasurers as may be provided in the constitution and bylaws.

(b) The officers of the corporation shall be elected in such manner and for such terms and with such duties as may be prescribed in the constitution and bylaws of the corporation.

Aug. 6, 1956, ch. 976, §8, 70 Stat. 1055.

§699 · Distribution of income or assets to members; loans

(a) No part of the income or assets of the corporation shall inure to any of its members, directors, or officers as such, or be distributable to any of them during the life of the corporation or upon its dissolution or final liquidation. Nothing in this subsection, however, shall be construed to prevent the payment of compensation to officers of the corporation in amounts approved by the board of directors of the corporation.

(b) The corporation shall not make loans to its officers, directors, or employees. Any director who votes for or assents to the making of a loan or advance to an officer, director, or employee of the corporation, and any officer who participates in the making of such a loan or advance, shall be jointly and severally liable to the corporation for the amount of such loan until the repayment thereof.

Aug. 6, 1956, ch. 976, §9, 70 Stat. 1055.

§700 · Nonpolitical nature of corporation

The corporation, and its officers and directors as such, shall not contribute to or otherwise support or assist any political party or candidate for public office.

Aug. 6, 1956, ch. 976, §10, 70 Stat. 1055.

§701 · Liability for acts of officers and agents

The corporation shall be liable for the acts of its officers and agents when acting within the scope of their authority.

Aug. 6, 1956, ch. 976, §11, 70 Stat. 1055.

§702 · Prohibition against issuance of stock or payment of dividends

The corporation shall have no power to issue any shares of stock or to declare or pay any dividends.

Aug. 6, 1956, ch. 976, §12, 70 Stat. 1055.

§703 · Books and records; inspection

The corporation shall keep correct and complete books and records of account and shall keep minutes of the proceedings of its members, board of directors, and committees having any authority under the board of directors; and it shall also keep at its principal office a record of the names and addresses of its members entitled to vote. All books and records of the corporation may be inspected by any member entitled to vote, or his agent or attorney, for any proper purpose, at any reasonable time.

Aug. 6, 1956, ch. 976, §13, 70 Stat. 1055.

§704 · Repealed. Pub. L. 88–504, §4(26), Aug. 30, 1964, 78 Stat. 637

§705 · Use of assets on dissolution or liquidation

Upon dissolution or final liquidation of the corporation, after discharge or satisfaction of all outstanding obligations and liabilities, the remaining assets, if any, of the corporation shall be distributed in accordance with the determination of the board of directors of the corporation and in compliance with the constitution and bylaws of the corporation and all Federal and State laws applicable thereto.

Aug. 6, 1956, ch. 976, §15, 70 Stat. 1056.

§706 · Acquisition of assets and liabilities of existing corporation

The corporation may acquire the assets of the Boys’ Clubs of America, a corporation organized under the laws of the Commonwealth of Massachusetts, upon discharging or satisfactorily providing for the payment and discharge of all of the liability of such corporation and upon complying with all laws of the Commonwealth of Massachusetts applicable thereto.

Aug. 6, 1956, ch. 976, §16, 70 Stat. 1056.

§707 · Reservation of right to amend or repeal chapter

The right to alter, amend, or repeal this chapter is expressly reserved.

Aug. 6, 1956, ch. 976, §17, 70 Stat. 1056.

Chapter 30. Presidential Inaugural Ceremonies

§721 · Short title; definitions

(a) This chapter may be cited as the “Presidential Inaugural Ceremonies Act”.

(b) For the purposes of this chapter—

(1) The term “inaugural period” means the period which includes the day on which the ceremony of inaugurating the President is held, the five calendar days immediately preceding such day, and the four calendar days immediately subsequent to such day;

(2) The term “Inaugural Committee” means the committee in charge of the Presidential inaugural ceremony and functions and activities connected therewith, to be appointed by the President-elect;

(3) The term “Mayor” means the Mayor of the District of Columbia or the Mayor's designated agent or agents;

(4) The term “Secretary of Defense” means the Secretary of Defense or his designated agent or agents; and

(5) The term “Secretary of the Interior” means the Secretary of the Interior or his designated agent or agents.

Aug. 6, 1956, ch. 974, §1, 70 Stat. 1049; 1967 Reorg. Plan No. 3, §401, eff. Aug. 11, 1967, 32 F.R. 11669, 81 Stat. 951; Dec. 24, 1973, Pub. L. 93–198, title IV, §421, 87 Stat. 789.

§722 · Regulations; licenses; fees; registration tags

(a) For each inaugural period the Council of the District of Columbia is authorized and directed to make all reasonable regulations necessary to secure the preservation of public order and protection of life, health, and property; to make special regulations respecting the standing, movement, and operation of vehicles of whatever character or kind during such period; and to grant, under such conditions as it may impose, special licenses to peddlers and vendors for the privilege of selling goods, wares, and merchandise in such places in the District of Columbia, and to charge such fees for such privilege, as it may deem proper.

(b) The Mayor of the District of Columbia is authorized to issue, for both duly registered motor vehicles and unregistered motor vehicles made available for the use of the Inaugural Committee, special registration tags, valid for a period not exceeding ninety days, designed to celebrate the occasion of the inauguration of the President and Vice President.

Aug. 6, 1956, ch. 974, §2, 70 Stat. 1049; Jan. 30, 1968, Pub. L. 90–251, §1, 82 Stat. 4; 1967 Reorg. Plan No. 3, §402(33), eff. Nov. 3, 1967, 32 F.R. 11669, 81 Stat. 953; Dec. 24, 1973, Pub. L. 93–198, title IV, §§401, 421, 87 Stat. 785, 789.

§723 · Authorization of appropriations

There are authorized to be appropriated such sums as may be necessary, payable in like manner as other appropriations for the expenses of the District of Columbia, to enable the Mayor to provide additional municipal services in said District during the inaugural period, including employment of personal services without regard to the civil-service and classification laws; travel expenses of enforcement personnel, including sanitarians, from other jurisdictions; hire of means of transportation; meals for policemen, firemen, and other municipal employees, cost of removing and relocating streetcar loading platforms, construction, rent, maintenance, and expenses incident to the operation of temporary public comfort stations, first-aid stations, and information booths; and other incidental expenses in the discretion of the Mayor; and such sums as may be necessary, payable in like manner as other appropriations for the expenses of the Department of the Interior, to enable the Secretary of the Interior to provide meals for the members of the United States Park Police during the inaugural period.

Aug. 6, 1956, ch. 974, §3, 70 Stat. 1049; 1967 Reorg. Plan No. 3, §401, eff. Aug. 11, 1967, 32 F.R. 11669, 81 Stat. 951; Jan. 30, 1968, Pub. L. 90–251, §2, 82 Stat. 4; Dec. 24, 1973, Pub. L. 93–198, title IV, §421, 87 Stat. 789.

§724 · Permits for use of reservations or grounds; restoration to previous condition; liability

The Secretary of the Interior, with the approval of such officer as may exercise jurisdiction over any of the Federal reservations or grounds in the District of Columbia, is authorized to grant to the Inaugural Committee permits for the use of such reservations or grounds during the inaugural period, including a reasonable time prior and subsequent thereto; and the Mayor is authorized to grant like permits for the use of public space under the Mayor's jurisdiction. Each such permit shall be subject to such restrictions, terms, and conditions as may be imposed by the grantor of such permit. With respect to public space, no reviewing stand or any stand or structure for the sale of goods, wares, merchandise, food, or drink shall be built on any sidewalk, street, park, reservation, or other public grounds in the District of Columbia, except with the approval of the Inaugural Committee, and with the approval of the Secretary of the Interior or the Mayor, as the case may be, depending on the location of such stand or structure. The reservation, ground, or public space occupied by any such stand or structure shall, after the inaugural period, be promptly restored to its previous condition. The Inaugural Committee shall indemnify and save harmless the District of Columbia and the appropriate agency or agencies of the Federal Government against any loss or damage to such property and against any liability arising from the use of such property, either by the Inaugural Committee or a licensee of the Inaugural Committee.

Aug. 6, 1956, ch. 974, §4, 70 Stat. 1049; 1967 Reorg. Plan. No. 3, §401, eff. Aug. 11, 1967, 32 F.R. 11669, 81 Stat. 951; Dec. 24, 1973, Pub. L. 93–198, title IV, §421, 87 Stat. 789.

§725 · Installation and removal of electrical facilities; enforcement; public protection; restoration to previous condition; liability

The Mayor is authorized to permit the Inaugural Committee to install suitable overhead conductors and install suitable lighting or other electrical facilities, with adequate supports, for illumination or other purposes. If it should be necessary to place wires for illuminating or other purposes over any park or reservation in the District of Columbia, such placing of wires and their removal shall be under the supervision of the official in charge of said park or reservation. Such conductors with their supports shall be removed within five days after the end of the inaugural period. The Mayor, or such other officials as may have jurisdiction in the premises, shall enforce the provisions of this chapter, take needful precautions for the protection of the public, and insure that the pavement of any street, sidewalk, avenue, or alley which is disturbed or damaged is restored to its previous condition. No expense or damage from the installation, operation, or removal of said temporary overhead conductors or said illumination or other electrical facilities shall be incurred by the United States or the District of Columbia, and the Inaugural Committee shall indemnify and save harmless the District of Columbia and the appropriate agency or agencies of the Federal Government against any loss or damage and against any liability whatsoever arising from any act of the Inaugural Committee or any agent, licensee, servant, or employee of the Inaugural Committee.

Aug. 6, 1956, ch. 974, §5, 70 Stat. 1050; 1967 Reorg. Plan No. 3, §401, eff. Aug. 11, 1967, 32 F.R. 11669, 81 Stat. 951; Dec. 24, 1973, Pub. L. 93–198, title IV, §421, 87 Stat. 789.

§726 · Repealed. Pub. L. 85–861, §36A, Sept. 2, 1958, 72 Stat. 1570

§727 · Communication facilities; removal

The Mayor, the Secretary of the Interior, and the Inaugural Committee are authorized to permit telegraph, telephone, radio-broadcasting, and television companies to extend overhead wires to such points along the line of any parade as shall be deemed convenient for use in connection with such parade and other inaugural purposes. Such wires shall be removed within ten days after the conclusion of the inaugural period.

Aug. 6, 1956, ch. 974, §7, 70 Stat. 1050; 1967 Reorg. Plan No. 3, §401, eff. Aug. 11, 1967, 32 F.R. 11669, 81 Stat. 951; Dec. 24, 1973, Pub. L. 93–198, title IV, §421, 87 Stat. 789.

§728 · Duration of regulations and licenses; publication of regulations; violations and penalties

The regulations and licenses authorized by this chapter shall be in full force and effect only during the inaugural period. Such regulations shall be published in one or more of the daily newspapers published in the District of Columbia and no penalty prescribed for the violation of any such regulation shall be enforced until five days after such publication. Any person violating any regulation promulgated by the Council of the District of Columbia under the authority of this chapter shall be fined not more than $100 or imprisoned for not more than thirty days. Each and every day a violation of any such regulation exists shall constitute a separate offense, and the penalty prescribed shall be applicable to each such separate offense.

Aug. 6, 1956, ch. 974, §8, 70 Stat. 1051; Jan. 30, 1968, Pub. L. 90–251, §3, 82 Stat. 4; Dec. 24, 1973, Pub. L. 93–198, title IV, §401, 87 Stat. 785.

§729 · Application to other properties; Congressional joint committee request or approval

Nothing contained in this chapter shall be applicable to the United States Capitol Buildings or Grounds or other properties under the jurisdiction of the Congress or any committee, commission or officer thereof: Provided, however, That any of the services or facilities authorized by or under this chapter shall be made available with respect to any such properties upon request or approval of the joint committee of the Senate and House of Representatives appointed by the President of the Senate and the Speaker of the House of Representatives to make the necessary arrangements for the Inauguration of the President-elect and the Vice President-elect.

Aug. 6, 1956, ch. 974, §9, 70 Stat. 1051.

§730 · “Commissioners” defined

Wherever the term “Commissioners” is used in this chapter, such term shall be deemed to refer to the Commissioner of the District of Columbia.

Aug. 6, 1956, ch. 974, §10, as added Jan. 30, 1968, Pub. L. 90–251, §4, 82 Stat. 4.

Chapter 31. Civil War Centennial Commission

§§741 to 747 · Omitted

§748 · Repealed. Pub. L. 88–448, title IV, §402(a)(33), Aug. 19, 1964, 78 Stat. 495

§749 · Omitted

Chapter 32. Veterans of World War I of the United States of America

§761 · Corporation created

The following-named persons provided that they meet the eligibility requirements set forth in section 765 of this title: Harlan W. Barnes, Portland, Oregon; Lewis Brake, Mount Vernon, Illinois; Fred J. Hollenbeck, Cape Vincent, New York; Reginald H. Murphy, Junior, Washington, District of Columbia; Stanton L. Smiley, Gary, Indiana; Emerson R. J. Follett, Dover, New Hampshire; M. George Deutch, Buffalo, New York; Patrick F. O'Connor, Braddock, Pennsylvania; Charles L. Gore, Baltimore, Maryland; Arch MacIntyre, Tampa, Florida;

G. Edwin Slater, Detroit, Michigan; John E. Erickson, Minneapolis, Minnesota; Al. H. Ohlsen, San Francisco, California; Arthur G. Estes, Albuquerque, New Mexico; M. C. Hermann, San Francisco, California; Merle E. Hopper, Roscommon, Michigan; Harry J. Millen, Watertown, New York; John C. Van Etten, Olympia, Washington; Emanuel Levy, Fort Wayne, Indiana; A. T. G. Novak, Seattle, Washington; Doctor Harry E. Mort, Saint Louis, Missouri; Martin F. Iverson, Washington, District of Columbia; Monte C. Walton, Portland, Oregon; Bert Mansfield, Portland, Oregon; W. N. Knight, Salisbury, North Carolina; Reverend George G. Shurtz, Newcomerstown, Ohio;

David G. Bollinger, Lakewood, Ohio; Catherine Sawyer, Napa County, California; Joseph Bergrath, Madison, Illinois; Arthur Means, Mena, Arkansas; James Butler, Long Beach, California; Joseph P. Crider, Westerly, Rhode Island; Frank Heise, Washington, District of Columbia; Joseph W. Padderatz, New Smyrna Beach, Florida; George Burdick, Twin Falls, Idaho; Dean V. Thompson, Boise, Idaho; M. H. Bond, Centralia, Illinois; Denton Opp, Aurora, Indiana; Paul Hadley, Rehoboth Beach, Delaware; George M. Leary, Quincy, Massachusetts; Charles Cooper, Clare, Michigan; Jack Greenwood, Minneapolis, Minnesota; Howard E. White, Kansas City, Missouri; C. P. Biffle, Polson, Montana;

John Twardus, Stratham, New Hampshire; Gustave G. W. Laegeler, Newark, New Jersey; George F. Patton, Portales, New Mexico; William F. Schwab, Buffalo, New York; E. G. Kittles, Charlotte, North Carolina; Victor E. Morgan, Bridgeport, Ohio; Ray Snider, La Grande, Oregon; Leslie E. Barnhart, Uniontown, Pennsylvania; J. L. FitzGibbon, Columbia, South Carolina; C. W. Nevins, Fort Worth, Texas; Howard Houck, San Pedro, California; Charles Wetter, Santa Ana, California; A. Thomas Wheaton, Dearborn, Michigan; T. D. Ladd, Amarillo, Texas; Cornelius B. Prins, Fort Pierce, Florida;

Charles Ulmer, Wellington, Kansas; Louis Alterici, Charleroi, Pennsylvania; Robert Brown, Minneapolis, Minnesota; Joseph J. Strobel, Molalla, Oregon; James R. McClain, Springfield, Illinois; Henry H. Hitchings, Johnson City, New York; Albert J. Graf, Lake View, New York; William E. Kilgore, Ludlow, Kentucky; Leo Thornton, Hammond, Indiana; Daniel A. Chester, Spencer, North Carolina; Frank B. Pace, Oklahoma City, Oklahoma; O. B. Pritchett, Jefferson City, Missouri; Dayton H. Montgomery, Hot Springs, Arkansas; Melvin D. Eddy, Belmont, Massachusetts; James L. Culbert, Haverhill, Massachusetts;

Joseph Perrone, New London, Connecticut; George H. Hoak, Houton Lake Heights, Michigan; and William A. McVeigh, Victorville, California, and their associates and successors, are created and declared to be a body corporate of the District of Columbia, where its legal domicile shall be, the name of which shall be Veterans of World War I of the United States of America, Incorporated (hereinafter referred to as the “corporation”), and by such name the said corporation shall be known and have perpetual succession, the powers, limitations, and restrictions herein contained.

Pub. L. 85–530, §1, July 18, 1958, 72 Stat. 370.

§762 · Completion of organization

The persons named in section 761 of this title are authorized, a majority concurring, to complete the organization of the corporation by the selection of officers and employees, the adoption of regulations and bylaws, not inconsistent with this chapter, and the doing of such other acts as may be necessary for such purpose.

Pub. L. 85–530, §2, July 18, 1958, 72 Stat. 371.

§763 · Objects and purposes of corporation

The purposes of the corporation shall be patriotic, fraternal, historical, and educational, in the service and for the benefit of veterans of World War I and are as follows:

(1) To provide for the veterans of World War I an organization for their mutual benefit, pleasure, and amusement, which will afford them the opportunities and means for personal contact with each other in order to keep alive friendships and memories of World War I and to venerate the memory of their honored dead;

(2) To cooperate to the fullest extent and in a harmonious manner with all veterans’ organizations to the end that the best interests of all veterans of all wars in which the United States of America has participated, and the widows and orphans of deceased veterans of such wars, may be best served;

(3) To stimulate communities and political subdivisions into taking more interest in veterans of World War I, the widows and orphans of such deceased veterans, and the problems of such veterans and their widows and orphans;

(4) To collate, preserve, and encourage the study of historical episodes, chronicles, mementos, and events pertaining to World War I;

(5) To fight vigorously to uphold the Constitution and laws of the United States, as well as the individual States of the Union and to foster the spirit and practice of true Americanism;

(6) To fight unceasingly for our national security in order to protect Americans from enemies within our borders, as well as those from without, to the end that our American way of life be preserved;

(7) To fight to the utmost all those alien forces, particularly forces such as communism, whose objectives are to deny our very existence as a free people; and

(8) To do any and all acts and things necessary and proper to carry out the objects and purposes of the corporation.

Pub. L. 85–530, §3, July 18, 1958, 72 Stat. 371.

§764 · Powers of corporation

The corporation shall have power—

(1) to have succession by its corporate name;

(2) to sue and be sued, complain and defend in any court of competent jurisdiction;

(3) to adopt, use, alter a corporate seal;

(4) to choose such officers, managers, agents, and employees as the activities of the corporation may require;

(5) to adopt, amend, and alter a constitution and bylaws not inconsistent with the laws of the United States or any State in which the corporation is to operate, for the management of its property and the regulation of its affairs;

(6) to contract and be contracted with;

(7) to take by lease, gift, purchase, grant, devise, or bequest from any public body or agency or any private corporation, association, partnership, firm, or individual and to hold absolutely or in trust for any of the purposes of the corporation any property, real, personal, or mixed, necessary or convenient for attaining the objects and carrying into effect the purposes of the corporation, subject, however, to applicable provisions of law of any State (A) governing the amount or kind of property which may be held by, or (B) otherwise limiting or controlling the ownership of property by, a corporation operating in such State;

(8) to transfer, convey, lease, sublease, encumber, and otherwise alienate real, personal, or mixed property;

(9) to borrow money for the purposes of the corporation, issue bonds therefor, and secure the same by mortgage, deed of trust, pledge, or otherwise, subject in every case to all applicable provisions of Federal and State laws; and

(10) to do any and all acts and things necessary and proper to carry out the objects and purposes of the corporation.

Pub. L. 85–530, §4, July 18, 1958, 72 Stat. 371.

§765 · Membership

Eligibility for membership in the corporation and the rights, privileges, and designation of classes of members shall be determined as the constitution and bylaws of the corporation may provide but in no case shall eligibility for all classes of membership include persons who did not serve honorably in the armed forces of the United States during the period beginning April 6, 1917 and ending November 11, 1918.

Pub. L. 85–530, §5, July 18, 1958, 72 Stat. 372.

§766 · Governing authority; composition; form; meeting places

(a) The supreme governing authority of the corporation shall be the national convention thereof, composed of such officers and elected representatives from the several States and other local subdivisions of the corporate organization as shall be provided by the constitution and bylaws, each of such duly elected representatives to be entitled to one vote at such national convention. The form of the government of the corporation shall always be representative of the membership at large and shall not permit the concentration of the control thereof in the hands of a limited number of members or in a self-perpetuating group not so representative. The meetings of the national convention may be held in any State or Territory or in the District of Columbia.

(b) Each member of the corporation, other than associate or honorary members, shall have the right to one vote on each matter submitted to a vote at all other meetings of the members of the corporation.

Pub. L. 85–530, §6, July 18, 1958, 72 Stat. 372.

§767 · Board of administration

(a) Governing period

During the intervals between the national convention, the board of administration shall be the governing board of the corporation and shall be responsible for the general policies, programs, and activities of the corporation.

(b) Initial board

Upon the enactment of this chapter the membership of the initial board of administration of the corporation shall consist of such of the following present members of the board of administration of the Veterans of World War I of the United States of America, Incorporated (the corporation described in section 778 of this title) as qualify for membership under section 765 of this title and who are qualified members of said board of administration, to wit: Harlan W. Barnes, Lewis Brake, Fred J. Hollenbeck, Reginald H. Murphy, Junior, Stanton L. Smiley, Catherine Sawyer, Emerson R. J. Follett, M. George Deutsch, Patrick F. O'Connor, Charles L. Gore, Arch MacIntyre, G. Edwin Slater, John E. Erickson, A. H. Ohlsen, and Arthur G. Estes.

(c) Election

Thereafter, the board of administration of the corporation shall consist of not less than seven members elected in the manner and for the term prescribed in the constitution and bylaws of the corporation.

Pub. L. 85–530, §7, July 18, 1958, 72 Stat. 372.

§768 · Officers

The officers of the corporation shall be a national commander, a national senior vice commander, a national junior vice commander, a national quartermaster, a national adjutant (which latter two offices may be held by one person), a national judge advocate, nine regional vice commanders, and such other officers as may be prescribed in the constitution and bylaws. The officers of the corporation shall be selected in such manner and for such terms and with such duties and titles as may be prescribed in the constitution and bylaws of the corporation.

Pub. L. 85–530, §8, July 18, 1958, 72 Stat. 373.

§769 · Principal office; territorial scope of activities; agent for service of process

(a) The principal office of the corporation shall be located in Washington, District of Columbia, or in such other place as may be determined by the board of administration; but the activities of the corporation shall not be confined to that place, but may be conducted throughout the various States, the District of Columbia, and Territories and possessions of the United States.

(b) The corporation shall have in the District of Columbia at all times a designated agent authorized to accept services of process for the corporation; and notice to or service upon such agent, or mailed to the business address of such agent, will be deemed notice to or service upon the corporation.

Pub. L. 85–530, §9, July 18, 1958, 72 Stat. 373.

§770 · Distribution of income or assets to members; loans

(a) No part of the income or assets of the corporation shall inure to any of its members or officers as such, or be distributed to any of them during the life of the corporation or upon its dissolution or final liquidation. Nothing in this subsection, however, shall be construed to prevent the payment of compensation to officers of the corporation or reimbursement for actual necessary expenses in amounts approved by the board of administration of the corporation.

(b) The corporation shall not make loans to its officers or employees. Any member of the board of administration who votes for or assents to the making of a loan or advance to an officer or employee of the corporation, and any officer who participates in the making of such a loan or advance, shall be jointly and severally liable to the corporation for the amount of such loan until the repayment thereof.

Pub. L. 85–530, §10, July 18, 1958, 72 Stat. 373.

§771 · Nonpolitical nature of corporation

The corporation and its officers and agents as such shall not contribute to or otherwise support or assist any political party or candidate for public office.

Pub. L. 85–530, §11, July 18, 1958, 72 Stat. 373.

§772 · Liability for acts of officers and agents

The corporation shall be liable for the acts of its officers and agents when acting within the scope of their authority.

Pub. L. 85–530, §12, July 18, 1958, 72 Stat. 374.

§773 · Prohibition against issuance of stock or payment of dividends

The corporation shall have no power to issue any shares of stock or to declare or pay any dividends.

Pub. L. 85–530, §13, July 18, 1958, 72 Stat. 374.

§774 · Books and records; inspection

The corporation shall keep correct and complete books and records of account and shall keep minutes of the proceedings of its national convention and board of administration. All books and records of the corporation may be inspected by any member, or his agent or attorney, for any proper purpose, at any reasonable time.

Pub. L. 85–530, §14, July 18, 1958, 72 Stat. 374.

§775 · Repealed. Pub. L. 88–504, §4(27), Aug. 30, 1964, 78 Stat. 637

§776 · Annual report

On or before March 1 of each year the corporation shall report to the Congress on its activities during the preceding fiscal year. Such report may consist of a report on the proceedings of the national convention covering such fiscal year.

Pub. L. 85–530, §16, July 18, 1958, 72 Stat. 374; Pub. L. 88–105, §2, Aug. 27, 1963, 77 Stat. 130.

§777 · Exclusive right to name, emblems, seals, and badges

The corporation and its subordinate divisions shall have the sole and exclusive right to use the name “Veterans of World War I of the United States of America, Incorporated”. The corporation shall have the exclusive and sole right to use, or to allow or refuse the use of, such emblems, seals, and badges as it may legally adopt, and such emblems, seals, and badges as have heretofore been used by the Ohio corporation described in section 778 of this title and the right to which may be lawfully transferred to the corporation.

Pub. L. 85–530, §17, July 18, 1958, 72 Stat. 374.

§778 · Acquisition of assets and liabilities of existing corporation

The corporation may acquire the assets of the Veterans of World War I of the United States of America, Incorporated, a corporation organized under the laws of the State of Ohio, upon discharging or satisfactorily providing for the payment and discharge of all of the liability of such corporation and upon complying with all laws of the State of Ohio applicable thereto.

Pub. L. 85–530, §18, July 18, 1958, 72 Stat. 375.

§779 · Dissolution or liquidation; disposition of property

The national convention may, by resolution, declare the event upon which the corporate existence of the organization is to terminate and provide for the disposition of any property remaining to the corporation after the discharge or satisfaction of all outstanding obligations and liabilities. A duly authenticated copy of such resolution shall be filed in the office of the United States District Court for the District of Columbia. Upon the happening of the event thus declared, and upon the filing of a petition in said United States District Court reciting said facts, said court shall take jurisdiction thereof, and upon due proof being made the court shall enter a decree which shall be effectual to vest title and ownership in accordance with the provisions of such resolution.

Pub. L. 85–530, §19, July 18, 1958, 72 Stat. 375.

§780 · Reservation of right to amend or repeal chapter

The right to alter, amend, or repeal this chapter is expressly reserved.

Pub. L. 85–530, §20, July 18, 1958, 72 Stat. 375.

Chapter 33. The Congressional Medal of Honor Society of the United States of America

§791 · Corporation created

The following named persons: Major General David M. Shoup, United States Marine Corps, Virginia; Joel T. Boone, Washington, District of Columbia; Samuel I. Parker, New Jersey; Nicholas Oresko, New Jersey; Luther Skaggs, Maryland; Rufus G. Herring, North Carolina; Nathan Gordon, Arkansas; Joseph J. McCarthy, Illinois; Pierpont M. Hamilton, California; Daniel W. Lee, Alabama; Walter D. Ehlers, California; David E. Hayden, California; William R. Huber, California; Robert S. Kennemore, California; Jackson C. Pharris, California; William J. Crawford, Colorado; Hugh C. Frazer, Washington, District of Columbia; Robert E. Galer, Washington, District of Columbia; Edouard V. M. Izac, Washington, District of Columbia; Leon W. Johnson, Washington, District of Columbia; Keith L. Ware, Washington, District of Columbia; John C. Latham, Connecticut; Homer L. Wise, Connecticut; Charles P. Murray, Georgia; Robert E. Gerstung, Illinois; Jake Allex Mandusich, Illinois; John L. Barkley, Kansas; Charles E. Kelly, Kentucky; John D. Bulkeley, Maryland; Justice M. Chambers, Maryland; Lawson P. Ramage, Washington, District of Columbia; Charles A. MacGillivary, Massachusetts; Everett P. Pope, Massachusetts; Russell E. Dunham, Missouri; Arthur J. Forrest, Missouri; M. Waldo Hatler, Missouri; Carl L. Sitter, North Carolina; Max Thompson, North Carolina; Francis X. Burke, New Jersey; Thomas J. Hudner, New Jersey; Samuel M. Sampler, New Jersey; Charles Henry Willey, New Hampshire; Frank L. Anders, North Dakota; Ernest Childers, Oklahoma; John R. Crews, Oklahoma; Jack C. Montgomery, Oklahoma; Robert D. Maxwell, Oregon; Gino J. Merli, Pennsylvania; Oscar Schmidt, Pennsylvania; Thomas Eadie, Rhode Island; Charles H. Coolidge, Tennessee; Carlton W. Barrett, Virginia; Raymond G. Davis, Virginia; Paul F. Foster, Virginia; James R. Hendrix, Virginia; John Mihalowski, Virginia; Louis H. Wilson, Virginia; Orville E. Bloch, Washington; Robert E. Bonney, Washington; Einar H. Ingman, Wisconsin; Herschel W. Williams, West Virginia; and their successors are created and declared to be a body corporate of the District of Columbia, where its legal domicile shall be by the name of the Congressional Medal of Honor Society of the United States of America (hereafter referred to as the “corporation”) and by such name shall be known and have perpetual succession and the powers, limitations, and restrictions herein contained.

Pub. L. 85–642, §1, Aug. 14, 1958, 72 Stat. 597.

§792 · Completion of organization

A majority of the persons named in section 791 of this title are authorized to complete the organization of the corporation by the selection of officers and employees, the adoption, amendment, and revision of a constitution and bylaws not inconsistent with the provisions of this chapter and the doing of such other acts as may be necessary for such purpose.

Pub. L. 85–642, §2, Aug. 14, 1958, 72 Stat. 597.

§793 · Objects and purposes of corporation

The objects and purposes of the corporation are as follows:

(1) To form a bond of friendship and comradeship among all holders of the Congressional Medal of Honor.

(2) To protect, uphold, and preserve the dignity and honor of the medal at all times and on all occasions.

(3) To protect the name of the medal, and individual holders of the medal from exploitation.

(4) To provide appropriate aid to all persons to whom the medal has been awarded, their widows or their children.

(5) To serve our country in peace as we did in war.

(6) To inspire and stimulate our youth to become worthy citizens of our country.

(7) To foster and perpetuate Americanism.

Pub. L. 85–642, §3, Aug. 14, 1958, 72 Stat. 598.

§794 · Powers of corporation

The corporation shall have power—

(1) to sue and be sued, complain and defend in any court of competent jurisdiction;

(2) to adopt, alter, and use a corporate seal;

(3) to choose officers, managers, and agents as the business of the corporation may require;

(4) to charge and collect membership dues;

(5) to adopt, amend, apply, and alter a constitution and bylaws not inconsistent with the laws of the United States of America or any State in which the corporation is to operate, for the management of its property and the regulation of its affairs;

(6) to contract and be contracted with;

(7) to take and hold by lease, gift, purchase, grant, devise, bequest or otherwise any property real, personal, or mixed, necessary or convenient for attaining the objects of the corporation, subject, however, to applicable provisions of law of any State, (a) governing the amount or kind of real and personal property which may be held by, or, (b) otherwise limiting or controlling the ownership of real and personal property by, a corporation operating in such State;

(8) to transfer, lease, or convey real or personal property;

(9) to borrow money for the purposes of the corporation and issue bonds or other evidences of indebtedness therefor and secure the same by mortgage or pledge subject to applicable Federal or State laws; and

(10) to do any and all acts necessary and proper to carry out the purposes of the corporation.

Pub. L. 85–642, §4, Aug. 14, 1958, 72 Stat. 598.

§795 · Principal office; territorial scope of activities; agent for service of process

(a) The principal office of the corporation shall be located in Washington, District of Columbia, or in such other place as may later be determined by the board of directors but the activities of the corporation shall not be confined to that place and may be conducted throughout the various Territories and possessions of the United States.

(b) The corporation shall have in the District of Columbia at all times a designated agent authorized to accept service and process for the corporation; and notice to or service upon such agent or mailed to the business address of such agent shall be deemed as service to or notice on the corporation.

Pub. L. 85–642, §5, Aug. 14, 1958, 72 Stat. 598.

§796 · Membership

(a) Eligibility

Any person who has been awarded the Medal of Honor is eligible for membership in the society.

(b) Honorary memberships

Honorary memberships shall not be granted.

(c) Voting rights

Each member of the corporation shall have the right to one vote either in person or by proxy on each matter submitted to a vote at all meetings of the members of the corporation.

Pub. L. 85–642, §6, Aug. 14, 1958, 72 Stat. 599.

§797 · Board of directors

(a) Composition of initial board

The governing body of the corporation is its board of directors which during the year 1958 will comprise the following: President, David M. Shoup; executive vice president, Joel T. Boone; secretary-treasurer, Samuel I. Parker; first regional vice president, Nicholas Oresko; second regional vice president, Luther Skaggs; third regional vice president, Rufus G. Herring; fourth regional vice president, Nathan Gordon; fifth regional vice president, Joseph J. McCarthy; sixth regional vice president, Pierpont M. Hamilton; who currently hold such offices in the Congressional Medal of Honor Society of the United States of America.

(b) Composition of subsequent boards; tenure

Thereafter the board of directors of the corporation shall consist of such number (not less than nine), shall be elected in such manner (including the filling of vacancies) and shall serve their terms as may be prescribed in the bylaws of the corporation.

(c) Powers; voting rights; meetings; chairman

The board of directors may exercise, or provide for the exercise of, the powers herein granted to the corporation, and each member of the board shall have one vote upon all matters determined, except that if the offices of secretary and treasurer are combined and are held by one person, he shall have only one vote as a member of the board of directors. The board shall meet at least annually. The president of the corporation shall act as chairman of the board.

Pub. L. 85–642, §7, Aug. 14, 1958, 72 Stat. 599.

§798 · Officers

(a) Composition

The officers of the corporation shall consist of a president, executive vice president, secretary, treasurer, and six regional vice presidents as may be provided in the bylaws. The office of secretary may be combined with the office of treasurer and the combined offices may be held by one person.

(b) Powers

The officers shall have such powers consistent with this charter, as may be determined by the bylaws.

(c) Election; tenure; duties

The officers of the corporation shall be elected in such manner and have such terms and with such duties as may be prescribed in the bylaws of the corporation.

Pub. L. 85–642, §8, Aug. 14, 1958, 72 Stat. 599.

§799 · Distribution of income or assets to members; loans

(a) No part of the income or assets of the corporation shall inure to any member, officer, or director as such, or be distributed to any of them during the life of the corporation or upon its dissolution or final liquidation, nor shall any member or private individual be liable for the obligations of the corporation. Nothing in this section, however, shall be construed to prevent—

(1) the payment of bona fide expenses of officers of the corporation in amounts approved by the board or 

(2) the payment of appropriate aid to persons to whom the Medal of Honor has been awarded, their widows or their children pursuant to the objects of the corporation.

(b) The corporation shall not make loans to its officers, directors, or employees. Any officer or director who votes for or assents to the making of a loan to an officer, director, or employee of the corporation and any officer who participates in the making of such loan shall be jointly and severally liable to the corporation for the amount of such loan until the payment thereof.

Pub. L. 85–642, §9, Aug. 14, 1958, 72 Stat. 599.

§800 · Nonpolitical nature of corporation

The corporation and its officers and directors as such shall not contribute to or participate in, directly or indirectly, local or national political activity or in any manner attempt to influence legislation.

Pub. L. 85–642, §10, Aug. 14, 1958, 72 Stat. 600.

§801 · Liability for acts of officers and agents

The corporation shall be liable for the acts of its officers and agents when acting within the scope of their authority.

Pub. L. 85–642, §11, Aug. 14, 1958, 72 Stat. 600.

§802 · Prohibition against issuance of stock or payment of dividends

The corporation shall have no power to issue any shares of stock or declare or pay dividends.

Pub. L. 85–642, §12, Aug. 14, 1958, 72 Stat. 600.

§803 · Books and records; inspection

The corporation shall keep correct and complete books and records of account. It shall also keep minutes of the proceedings of its membership and of the board of directors or committees having authority under the board of directors. It shall also keep at its principal office a record giving the names and addresses of its members, directors, and officers. All books and records of the corporation may be inspected by any member or his agent or attorney for any proper purpose at any reasonable time.

Pub. L. 85–642, §13, Aug. 14, 1958, 72 Stat. 600.

§804 · Repealed. Pub. L. 88–504, §4(28), Aug. 30, 1964, 78 Stat. 637

§805 · Use of assets on dissolution or liquidation

Upon final dissolution or liquidation of the corporation and after discharge or satisfaction of all outstanding obligations and liabilities the remaining assets of the corporation may be distributed in accordance with the determination of the board of directors of the corporation and in compliance with the bylaws of the corporation and all Federal and State laws applicable thereto.

Pub. L. 85–642, §15, Aug. 14, 1958, 72 Stat. 600.

§806 · Acquisition of assets and liabilities of existing corporation

The corporation may acquire the assets of the Congressional Medal of Honor Society of the United States, Incorporated, a body corporate organized under the laws of the State of New York, upon discharge or satisfactorily providing for the payment and discharge of all of the liabilities of such State corporation and upon complying with all the laws of the State of New York applicable thereto.

Pub. L. 85–642, §16, Aug. 14, 1958, 72 Stat. 601.

§807 · Reservation of right to amend or repeal chapter

The right to alter, amend, or repeal this chapter is expressly reserved.

Pub. L. 85–642, §17, Aug. 14, 1958, 72 Stat. 601.

Chapter 34. Military Order of the Purple Heart of the United States of America

§821 · Corporation created

The following persons to wit: Richard Golick, Chicago, Illinois; William B. Eaton, Lansing, Michigan; Victor F. Kubly, Daytona Beach, Florida; Luther Smith, Harrisburg, Pennsylvania; Olin E. Teague, College Station, Texas; Charles E. Potter, Cheboygan, Michigan; Paul H. Douglas, Chicago, Illinois; B. Carroll Reece, Johnson City, Tennessee; Errett P. Scrivner, Kansas City, Kansas; Edward Martin, Washington, Pennsylvania; General Melvin J. Maas, Saint Paul, Minnesota; General Patrick J. Hurley, Santa Fe, New Mexico; General William A. Donovan, New York, New York; Admiral John F. Ford, Hollywood, California;

Colonel Robert M. Bringham, Los Angeles, California; John J. Martin, Madison, Wisconsin; Robert Schroeder, Milwaukee, Wisconsin; Frank A. Weber, Bearer, Pennsylvania; Thomas A. Powers, Brooklyn, New York; Major Wilbur E. Dove, Washington, District of Columbia; Ernest L. Ihbe, Milwaukee, Wisconsin; Lloyd E. Henry, Hyattsville, Maryland; Stanley B. Kirschbaum, Detroit, Michigan; Raymond Cocklin, Daytona Beach, Florida; Francis J. Maguire, Gloucester City, New Jersey; Clifford A. Parmenter, Long Beach, California; Harry H. Dietz, Baltimore, Maryland; Charles S. Iskin, Miami, Florida; Victor N. Lukatz, Cincinnati, Ohio; John P. Hapsch, Minneapolis, Minnesota; Richard J. Flanders, Waukegan, Illinois; General Douglas MacArthur, New York, New York; General James A. Van Fleet, Auburndale, Florida;

William J. Schroder, Pelham, New York; John H. Hoppe, D.S.C., Alexandria, Virginia; John C. Reynolds, Covington, Kentucky; Anton Kneller, Philadelphia, Pennsylvania; John L. Schwartz, Albuquerque, New Mexico; Henry Marquard, Elmhurst, Illinois; James C. Doyle, Arlington, Massachusetts; Frank Heidel, Harrisburg, Pennsylvania; John E. Schwend, Webster Groves, Missouri; Anthony Badamo, Quincy, Illinois; Joseph E. Stanger, Bridgeton, New Jersey; Frank V. Fromme, Jasper, Indiana; Arthur Goetsch, Davenport, Iowa; Joseph Stiegler, Junior, Silver Spring, Maryland; William E. Savage, Seattle, Washington; Jack Medford, Tucson, Arizona; Joseph C. Kolinsky, Middletown, Connecticut; Jack M. Deckard, Tampa, Florida; Ted J. Swedo, North Chicago, Illinois; Linus Vonderheide, Saint Anthony, Indiana; Joseph Earith, Sioux City, Iowa; Howell Brewer, doctor of medicine, Shreveport, Louisiana; Francis Donnelly, Arlington, Massachusetts;

Bernard J. Young, Chicago, Illinois; Joseph Richter, Saint Louis, Missouri; William Long, North Troy, New York; Kevin J. Murphy, Bronx, New York; William H. Kinsinger, Columbus, Ohio; Carl R. Carlson, Portland, Oregon; Ray Dorris, Portland, Oregon; James Gehas, Coatesville, Pennsylvania; Charles J. Showalter, Lancaster, Pennsylvania; Aloysius J. Healy, Madison, Wisconsin; Charles O. Carlston, San Francisco, California; Andrew Munson, Sioux Falls, South Dakota; Peter C. Mueller, Glendora, California; John D. Goodin, Johnson City, Tennessee; Lars Eilefson, Billings, Montana; W. Phil Bohnert, Indianapolis, Indiana;

Orral O. Jackson, Sioux Falls, South Dakota; Major General Thomas F. Foley, Worcester, Massachusetts; Reverend Alfred W. Price, Philadelphia, Pennsylvania; John T. Mullins, New York, New York; Frank Cushner, Ansonia, Connecticut; Colonel Walter F. Bowman, California; Michael Thiede, Dearborn, Michigan; Robert Sobel, Phoenix, Arizona; Ray Schulze, Yountville, California; Joseph Feingold, Miami, Florida; Herbert McFarland, Cumberland, Maryland; Arthur LaBrack, Brighton, Massachusetts; John W. Fitzer, Junior, Detroit, Michigan; Arthur F. D. Evans, Saint Louis, Missouri; Roland C. Smith, Orange, New Jersey; Charles Burkhardt, Troy, New York; Hugo Engler, Ridgefield, Washington; Edward Commers, Helena, Montana;

Theodore Fauntz, Seattle, Washington; Albert O. Rabassa, Baltimore, Maryland; Michael Doohan, New Haven, Connecticut; Occa V. Phillips, Saint Cloud, Minnesota; Uriah Lucas, Salisbury, North Carolina; Donald Lindley, Kansas City, Missouri; Percy O. Buterbaugh, Lincoln, Nebraska; Stanley C. Lagncaskey, Trenton, New Jersey; Alfred J. Gardner, Statesville, North Carolina; Sagie Nishioka, Salem, Oregon; Edgar Eichler, San Antonio, Texas; H. J. Theisen, Port Orchard, Washington; Colonel Michael Ushakoff, Seattle, Washington; Alfred H. Klineschmidt, Reno, Nevada;

Francis J. Cayouette, Augusta, Maine; William Floyd, Aurora, Colorado; Henry H. Carter, Junior, North Augusta, South Carolina; Ike Parish, Marianna, Arkansas; Daniel P. Borota, Gary, Indiana; Jerome S. Daunhauer, Ferdinand, Indiana; Robert H. Gamber, Davenport, Iowa; William Powers, Lyndon, Kentucky; Colonel Michael Glossinger, Waneland, Mississippi; Kenneth Spry, Wyandotte, Michigan; Joseph C. Taylor, Youngstown, Ohio; George A. Davis, Helena, Montana; Harold H. Hamilton, Lancaster, Pennsylvania; Thomas H. McGovran, Charleston, West Virginia;

Bernard Maurer, Edgemoor, Delaware; Marcus E. Diffenderfer, Ossipee, New Hampshire; Andrew Nomland, Grand Forks, North Dakota; Admiral John Hoskins, Quonset, Rhode Island; Jesus Ascencio Vazquez, South Margarita, Canal Zone; Ernest Collins, Arlington, Virginia; Genaro Cabrera, Cayey, Puerto Rico; Roberto Cruz Figueroa, Rio Piedras, Puerto Rico; Henry B. Haina, Honolulu, Hawaii; John T. Stanton, Kansas City, Kansas; and their successors are created and declared to be a body corporate of the District of Columbia, where the legal domicile shall be, by the name of the Military Order of the Purple Heart of the United States of America, Incorporated (hereinafter referred to as the “corporation”), and by such name shall be known and have perpetual succession and the powers, limitations, and restrictions herein contained.

Pub. L. 85–761, §1, Aug. 26, 1958, 72 Stat. 854.

§822 · Completion of organization

A majority of the persons named in section 821 of this title are authorized to complete the organization of the corporation by the selection of officers and employees, the adoption of a constitution and bylaws, not inconsistent with the provisions of this chapter and the doings of such acts as may be necessary for such purpose.

Pub. L. 85–761, §2, Aug. 26, 1958, 72 Stat. 855.

§823 · Principles and objects of corporation

(a) The principles underlying the corporation are patriotic allegiance to the United States of America, fidelity to its Constitution and laws, the security of civil liberty, and the permanence of free institutions.

(b) The objects of the corporation are educational, fraternal, historical, and patriotic, perpetuating the principles of liberty and justice which have created the United States of America, by (1) commemorating all national patriotic holidays; (2) maintaining true allegiance to the Government of the United States of America and fidelity to its Constitution and laws; (3) preserving and strengthening comradeship and patriotism amongst its members; (4) assisting, comforting, and aiding all needy and distressed members and their dependents; (5) giving needed hospital and service work through its Department of Veterans Affairs certified service officers; (6) cooperating with other civic and patriotic organizations having worthy objectives; (7) keeping alive the achievements and memory of our country's founders; (8) ever cherishing the memory of General George Washington, who founded the Purple Heart at his headquarters at Newburgh-on-the-Hudson, on August 7, 1782; (9) influencing and teaching our citizenry, in a loyal appreciation of the heritages of American citizenship, with its responsibilities and privileges; and (10) preserving and defending the United States of America from all enemies whomsoever.

Pub. L. 85–761, §3, Aug. 26, 1958, 72 Stat. 856; Pub. L. 102–54, §13(n)(3), June 13, 1991, 105 Stat. 278.

§824 · Powers of corporation

The corporation shall have power—

(1) to have succession by its corporate name;

(2) to sue and be sued, complain and defend in any court of competent jurisdiction;

(3) to adopt, use and alter a corporate seal;

(4) to charge and collect membership dues;

(5) to adopt, amend, and alter a constitution and bylaws, not inconsistent with the laws of the United States or any State in which the corporation is to operate, for the management of its property and the regulation of its affairs;

(6) to contract and be contracted with;

(7) to take lease, gift, purchase, grant, devise, or bequest from any private corporation, association, partnership, firm or individual and to hold any property, real, personal or mixed, necessary or convenient for attaining the object and carrying into effect the purposes of the corporation, subject, however, to applicable provisions of law of any State (A) governing the amount or kind of property which may be held, or (B) otherwise limiting or controlling the ownership of property by, a corporation operating in such State;

(8) to transfer, convey, lease, sublease, encumber, and otherwise alienate real, personal or mixed property; and

(9) to borrow money for the purposes of the corporation, issue bonds therefor, and secure the same by mortgage, deed of trust, pledge, or otherwise, subject in every case to all applicable provisions of Federal and State laws.

Pub. L. 85–761, §4, Aug. 26, 1958, 72 Stat. 856.

§825 · Principal office; territorial scope of activities; agent for service of process

(a) The principal office of the corporation shall be located in Washington, District of Columbia, or in any such other place as may later be determined by the national executive board, but the activities of the corporation shall not be confined to that place and may be conducted throughout the various States, Territories, and possessions of the United States.

(b) The corporation shall have in the District of Columbia at all times a designated agent authorized to accept service of process for the corporation; and notice to or service upon such agent, or mailed to the business address of such agent, shall be deemed notice to or service upon the corporation.

Pub. L. 85–761, §5, Aug. 26, 1958, 72 Stat. 856.

§826 · Membership

(a) Eligibility

All persons of good moral character who are, have been, or may become members of the Armed Forces of the United States or any foreign country of whatever rank, who have received or who may hereafter receive the Purple Heart for wounds received during military or naval combat against an armed enemy of the United States, shall be eligible for active membership in the corporation.

(b) Extension of eligibility to parents and descendants

The corporation shall have the power, moreover, to extend eligibility for membership, as associate members; to parents and lineal descendants of the described in subsection (a) of this section under such conditions and upon such terms as the corporation may specify in its constitution and bylaws.

(c) Voting rights

Each member of the corporation, other than associate members, shall have the right to one vote on each matter submitted to a vote at all meetings of the members of the corporation.

(d) Exception

Notwithstanding the limitations set out in subsections (a) and (b) of this section, any member in good standing of the corporate body referred to in section 836 of this title shall be admitted on request to comparable membership in the corporation created by this chapter.

Pub. L. 85–761, §6, Aug. 26, 1958, 72 Stat. 857.

§827 · Board of directors

(a) Composition of initial board

Upon the enactment of this chapter the membership of the initial board of directors of the corporation shall consist of the present officers of the Military Order of the Purple Heart, referred to in section 836 of this title, or such of them as may then be living and are qualified officers of that corporation, to wit: Richard P. Golick of Chicago, Illinois; Adolph Sutro, Hollywood, California; William B. Eaton of Lansing, Michigan; Joseph Martin of Menandes, New York; Reverend Thomas W. Riordan, Chicago, Illinois; Victor F. Kubly, Daytona Beach, Florida; Albert Gale, Minneapolis, Minnesota; Wilbur E. Dove, Washington, District of Columbia; James B. Barrett, doctor of medicine, Troy, New York; who are respectively, the commander, the senior vice commander, finance officer, judge advocate, chaplain, adjutant, inspector, historian, and surgeon.

(b) Composition of subsequent boards; tenure

Thereafter, the board of directors of the corporation shall consist of such number (not less than eighteen), shall be selected in such manner (including the filling of vacancies), and shall serve for such terms as may be prescribed in the constitution and bylaws of the corporation.

(c) Duties

The board of directors shall be the governing board of the corporation and shall, during the intervals between corporation meetings, be responsible for the general policies and program of the corporation. The board shall be responsible for all finances of the corporation.

Pub. L. 85–761, §7, Aug. 26, 1958, 72 Stat. 857.

§828 · Officers

(a) The officers of the corporation shall be a commander, a senior vice commander, a chaplain, an adjutant, a finance officer, a judge advocate, an inspector, a surgeon, a historian, and other elected officers as prescribed in the constitution and bylaws of the corporation.

(b) The officers of the corporation shall be elected in such manner and for such terms and with such duties as may be prescribed in the constitution and bylaws of the corporation.

Pub. L. 85–761, §8, Aug. 26, 1958, 72 Stat. 857.

§829 · Distribution of income or assets to members; loans

(a) No part of the income or assets of the corporation shall inure to any member, officer, or director, or be distributable to any such person otherwise than upon dissolution or final liquidation of the corporation as provided in section 835 of this title. Nothing in this subsection, however, shall be construed to prevent the payment of compensation to officers of the corporation in amounts approved by the executive committee of the corporation.

(b) The corporation shall not make loans to its officers, directors, or employees. Any director who votes for or assents to the making of a loan to an officer, director, or employee of the corporation, and any officer who participates in the making of such loan, shall be jointly and severally liable to the corporation for the amount of such loan until the repayment thereof.

Pub. L. 85–761, §9, Aug. 26, 1958, 72 Stat. 858.

§830 · Nonpolitical nature of corporation

The corporation, and its officers and directors as such, shall not contribute to or otherwise support or assist any political party or candidate for public office.

Pub. L. 85–761, §10, Aug. 26, 1958, 72 Stat. 858.

§831 · Liability for acts of officers and agents

The corporation shall be liable for the acts of its officers and agents when acting within the scope of their authority.

Pub. L. 85–761, §11, Aug. 26, 1958, 72 Stat. 858.

§832 · Prohibition against issuance of stock or payment of dividends

The corporation shall have no power to issue any shares of stock or to declare or pay any dividends.

Pub. L. 85–761, §12, Aug. 26, 1958, 72 Stat. 858.

§833 · Books and records; inspection

The corporation shall keep correct and complete books and records of account and shall keep minutes of the proceedings of its members, board of directors, and committees having any authority under the board of directors, and it shall also keep at its principal office a record of the names and addresses of its members entitled to vote. All books and records of the corporation may be inspected by any member entitled to vote, or his agent or attorney, for any proper purpose, at any reasonable time.

Pub. L. 85–761, §13, Aug. 26, 1958, 72 Stat. 858.

§834 · Repealed. Pub. L. 88–504, §4(29), Aug. 30, 1964, 78 Stat. 637

§835 · Use of assets on dissolution or liquidation

Upon final dissolution or liquidation of the corporation, and after discharge or satisfaction of all outstanding obligations and liabilities, the remaining assets of the corporation may be distributed in accordance with the determination of the board of directors of the corporation and in compliance with the constitution and bylaws of the corporation and all Federal and State laws applicable thereto.

Pub. L. 85–761, §15, Aug. 26, 1958, 72 Stat. 859.

§836 · Acquisition of assets and liabilities of existing corporation

The corporation may acquire the assets of the Military Order of the Purple Heart of the United States of America, Incorporated, a body corporate organized under laws of the State of New Jersey, upon discharging or satisfactorily providing for the payment and discharge of all of the liabilities of such State corporation and upon complying with all the laws of the State of New Jersey applicable thereto.

Pub. L. 85–761, §16, Aug. 26, 1958, 72 Stat. 859.

§837 · Reservation of right to amend or repeal chapter

The right to alter, amend, or repeal this chapter is expressly reserved.

Pub. L. 85–761, §17, Aug. 26, 1958, 72 Stat. 859.

Chapter 35. Blinded Veterans Association

§851 · Corporation created

The following persons, to wit: John E. Mattingly, New Britain, Connecticut; Robert A. Bottenberg, San Antonio, Texas; Norbert L. Cormier, Newington, Connecticut; Michael I. Bernay, El Monte, California; Durham D. Hail, Reedsport, Oregon; James H. Butler, Miami Springs, Florida; Melvin J. Maas, Chevy Chase, Maryland; Julius D. Morris, New Britain, Connecticut; David L. Schnair, Bronx, New York; W. Marshall Smith, Springfield, Virginia; Guy Stone, Champaign, Illinois; Walter F. Stromer, Mount Vernon, Iowa; Raymond T. Frey, Lebanon, Pennsylvania; Henry Masse, West Medford, Massachusetts; Joseph Smietanowski, Rochester, New York;

Edward J. Hoyczyk, Snyder, New York; Russell C. Williams, Maywood, Illinois; H. Smith Shumway, Cheyenne, Wyoming; H. P. Adams, Sommerville, South Carolina; Thomas C. Hasbrook, Indianapolis, Indiana; Leonard E. Shelhamer, North Caldwell, New Jersey; Thomas J. Broderick, Chicago, Illinois; George M. Gillispie, Gardena, California; Peter J. McKenna, Minneapolis, Minnesota; William A. Miller, San Antonio, Texas; Phillip N. Harrison, Harrisburg, Pennsylvania; Vasco de Gama Hale, Bloomfield, Connecticut; William W. Thompson, Bethesda, Maryland; Gordon H. Damery, Brighton, Massachusetts; Irvin P. Schloss, Washington, District of Columbia; Darwin W. Niles, Hammond, Indiana; Curtis F. Weygand, Gadsden, Alabama; Alfous Vaughan, Camden, Arkansas;

Walter R. Andrews, Roseda, California; Clarence C. Carlson, Lynwood, California; Jesse S. Castillo, Los Angeles, California; James Harris, Los Angeles, California; Sanji Kimoto, Long Beach, California; Jose Reyes, Lynwood, California; Neftali Sanchez, Los Angeles, California; Derald W. Stange, Los Angeles, California; Paul U. Brower, Oakland, California; Clarence Costello, Oakland, California; Herbert P. Oakes, Denver, Colorado; Robert W. Taylor, Pueblo, Colorado; Ernest M. Bowen, Granby, Connecticut; Dominic Buonocore, Waterbury, Connecticut; Edward Cousineau, Windsor Locks, Connecticut; Theodore Wysocki, West Hartford, Connecticut; Francisco de la Cruz, Washington, District of Columbia; Raymond N. Goldstein, Washington, District of Columbia; John H. Jones, Washington, District of Columbia; John S. Nadeau, Washington, District of Columbia; Adolph E. Anglan, Daytona Beach, Florida;

LaRue S. Milne, Largo, Florida; Robert L. Robinson, Orlando, Florida; Charles H. Monroe, Savannah, Georgia; Hisatomi Hiyasaka, Sugar City, Idaho; Fay Anderson, Pocatonia, Illinois; Irvin J. Edwards, Lee, Illinois; Marvin Halladay, Bensenville, Illinois; Vincent Ortiz, Senior, Blue Island, Illinois; Raymond D. McCarty, La Porte, Indiana; Gerald J. Miller, Rensselaer, Indiana; Charles T. Rachels, Mount Vernon, Indiana; John W. Stalcup, Indianapolis, Indiana; William E. Cassell, Cumberland, Maryland; Frank L. Bavin, Wilmington, Massachusetts; Jerome F. Bowen, Chelsea, Massachusetts; Walter F. Branlund, Braintree, Massachusetts; Daniel B. Carveth, Annisquam, Massachusetts;

Adolfo Cenci, Somerville, Massachusetts; Nathan Cohen, Winthrop, Massachusetts; John F. Crowson, Petersham, Massachusetts; Michael Carl Dec, Chester, Massachusetts; Joseph D. DeLaura, Worcester, Massachusetts; Albert de Simone, Revere, Massachusetts; John W. Feeley, Worcester, Massachusetts; Francis V. Hammersley, Malden, Massachusetts; Francis Hennessey, Hyde Park, Massachusetts; H. F. le Blanc, Haverhill, Massachusetts; Edward J. Leslie, Lynn, Massachusetts; John Lundgren, Malden, Massachusetts; Phillip Malatesta, Malden, Massachusetts; William McFayden, Ludlow, Massachusetts; Kenneth A. Meister, Amesbury, Massachusetts; J. H. Schuster, Holbrook, Massachusetts;

Chester J. Sweeney, Dorchester, Massachusetts; John C. Taylor, Boston, Massachusetts; Alfred J. Therrien, Lawrence, Massachusetts; Otto Huwe, New Haven, Michigan; Ernest M. Wiedyk, Auburn, Michigan; Ralph H. Sather, North Branch, Minnesota; Wesley E. Burney, Kansas City, Missouri; James A. Schelich, Washington, Missouri; Raymond T. Auprey, Penacock, New Hampshire; John A. Clarke, New Brunswick, New Jersey; Edward Heimrich, Belleville, New Jersey; Frederich Koch, Paramus, New Jersey; Michael A. Spencer, Belleville, New Jersey; John Abrams, New York, New York; Walter Biedrzycki, Mineola, New York; Francis J. Chambers, New York, New York; Roger P. Conant, New York, New York; Jerome E. Dompierre, Buffalo, New York;

Anthony Duino, Dunkirk, New York; Salvatore Iadanza, Central Islip, New York; Michael J. Kralovich, Jackson Heights, New York; Michael A. Lettiere, Brooklyn, New York; Joseph A. Martone, Syracuse, New York; Robert I. McGinnis, Poughkeepsie, New York; Harry J. Owens, Cassville, New York; Alrid Plaskett, South Ozone Park, New York; Jack Shapiro, Jackson Heights, New York; Andrew G. Tomanek, Jackson Heights, New York; Paul Viviano, Sunnyside, New York; Michael Weber, Watertown, New York; Narcus Zetkin, New York, New York; John Henry Edge, Rocky Mount, North Carolina; Henry C. Riggins, Asheville, North Carolina; George H. Williams, Rocky Mount, North Carolina; John C. Smallbeck, Aneta, North Dakota;

A. W. Brent, Cleveland, Ohio; Floyd H. Miller, Louisville, Ohio; Carl Mock, Logan, Ohio; James L. Park, Middlefield, Ohio; John Bernabo, Bolivar, Pennsylvania; Richard G. Brooks, Philadelphia, Pennsylvania; Charles P. Hogan, Pittsburgh, Pennsylvania; Richard A. Neiman, Lancaster, Pennsylvania; Steve T. Olesnanlk, Lake City, Pennsylvania; Curtis W. Sechrist, East York, Pennsylvania; Edward A. Zelonis, Harrisburg, Pennsylvania; Herman W. Nodine, Greenville, South Carolina; Emil M. Larson, Sioux Falls, South Dakota; Randolph H. Greene, Lubbock, Texas; Alfred Poe, El Paso, Texas; James A. H. Brown, Lynchburg, Virginia; Harold A. Bussey, Norfolk, Virginia; Bernie C. Lear, Chesterfield, Virginia; Charles F. MacFarlane, Seattle, Washington; John A. Veith, Lost Creek, West Virginia; Richard J. Hunt, Madison, Wisconsin;

Alvin R. Johnson, Milwaukee, Wisconsin; Leo A. Urbaniak, Troy Center, Wisconsin; Julio C. Galarza Torres, Rio Piedras, Puerto Rico; John P. Collins, West Monroe, Louisiana; Gerald J. DuBois, Morgan City, Louisiana; James L. Womack, Winnfield, Louisiana; Blaise Angelico, New Orleans, Louisiana; Tom Byrnes, Shreveport, Louisiana; Reynolds T. Liner, Houma, Louisiana; David Martin, Lafayette, Louisiana; Joseph Emile DuPont, Plaquemine, Louisiana; Joseph C. Hattier, Metarie, Louisiana; Steve Champagne, Saint Martinville, Louisiana; Stephen Carra, New Orleans, Louisiana; Clarence Clark, West Monroe, Louisiana; Bernard J. Cramer, Crowley, Louisiana; Vernon Parenton, Baton Rouge, Louisiana; Daniel Pinchera, Shreveport, Louisiana; Joseph Roth, Gonzales, Louisiana; James Turner, Varnado, Louisiana; Edwin Westrate, Port Allen, Louisiana; Preston Wyatts, Natchitoches, Louisiana; and each other person who, on August 27, 1958, is a member in good standing of Blinded Veterans Association, Incorporated, a corporation organized and existing under the membership corporation law of the State of New York, and their successors, are created and declared to be a body corporate by the name of Blinded Veterans Association (referred to in this chapter as the “corporation”) and by such name shall be known and have perpetual succession of the powers, limitations, and restrictions contained in this chapter.

Pub. L. 85–769, §1, Aug. 27, 1958, 72 Stat. 922.

§852 · Completion of organization

A majority of the persons named in section 851 of this title are authorized to complete the organization of the corporation by the selection of officers and employees, the adoption, amendment, and revision of a constitution and bylaws not inconsistent with the provisions of this chapter and the doing of such other acts as may be necessary for such purpose.

Pub. L. 85–769, §2, Aug. 27, 1958, 72 Stat. 924.

§853 · Objects and purposes of corporation

The objects and purposes of the corporation shall be as follows:

(1) To promote the welfare of blinded veterans so that, notwithstanding their disabilities, they may take their rightful place in the community and work with their fellow citizens toward the creation of a peaceful world.

(2) To preserve and strengthen a spirit of fellowship among blinded veterans so that they may give mutual aid and assistance to one another.

(3) To maintain and extend the institutions of American freedom and to encourage loyalty to the Constitution and laws of the United States and of the States in which they reside.

(4) To be organized and operated as a corporation not for profit, no part of the income or assets of which shall inure to the benefit of any of its members, directors, or officers, nor be distributable thereto otherwise than upon dissolution or final liquidation; and such corporation is organized and shall be operated exclusively for charitable, educational, patriotic, and civic improvement purposes.

Pub. L. 85–769, §3, Aug. 27, 1958, 72 Stat. 924.

§854 · Powers of corporation

The corporation shall have power—

(1) to sue and be sued, complain and defend in any court of competent jurisdiction;

(2) to adopt, alter, and use a corporate seal;

(3) to choose officers, managers, and agents as the business of the corporation may require;

(4) to charge and collect membership dues;

(5) to adopt, amend, apply, and alter a constitution and bylaws not inconsistent with the laws of the United States of America or any State in which the corporation is to operate, for the management of its property and the regulation of its affairs;

(6) to contract and be contracted with;

(7) to take and hold by lease, gift, purchase, grant, devise, bequest or otherwise any property real, personal, or mixed, necessary or convenient for attaining the objects of the corporation, subject, however, to applicable provisions of law of any State, (a) governing the amount or kind of real and personal property which may be held by, or, (b) otherwise limiting or controlling the ownership of real and personal property by, a corporation operating in such State;

(8) to transfer, lease, or convey real or personal property;

(9) to borrow money for the purposes of the corporation and issue bonds or other evidences of indebtedness therefor and secure the same by mortgage or pledge subject to applicable Federal or State laws; and

(10) to do any and all acts necessary and proper to carry out the purposes of the corporation.

Pub. L. 85–769, §4, Aug. 27, 1958, 72 Stat. 924.

§855 · Principal office; territorial scope of activities; agent for service of process

(a) The principal office of the corporation shall be located in Washington, District of Columbia, or in such other place as may later be determined by the board of directors but the activities of the corporation shall not be confined to that place and may be conducted throughout the various Territories and possessions of the United States.

(b) The corporation shall have in the District of Columbia at all times a designated agent authorized to accept service and process for the corporation; and notice to or service upon such agent or mailed to the business address of such agent shall be deemed as service to or notice on the corporation.

Pub. L. 85–769, §5, Aug. 27, 1958, 72 Stat. 925.

§856 · Membership

Any person who was enlisted, drafted, inducted, or commissioned in the Armed Forces of the United States and who, in the line of duty in such service, has sustained a substantial impairment of sight or vision, as such is defined from time to time by the bylaws of the corporation, shall be eligible for general membership in the corporation. In addition to the general membership, there shall be special classes of honorary and associate membership, qualification or eligibility for which, and rights and obligations of which, shall be as provided from time to time by the bylaws of the corporation. All persons who are members of any class of Blinded Veterans Association, Incorporated, on August 27, 1958 shall be members of such class of the corporation.

Pub. L. 85–769, §6, Aug. 27, 1958, 72 Stat. 925.

§857 · Governing body

(a) Composition

The number of directors shall be not less than three nor more than fifteen 

(b) Removal for cause

Any director of the corporation may be removed at any time for just and proper cause by a vote of a majority of a quorum of directors present at a meeting called for that purpose.

(c) Vacancies

If a vacancy occurs in the office of director of the corporation, a majority of a quorum of the remaining directors present at a meeting duly called for that purpose may elect a director to fill such vacancy until the next annual meeting of the corporation.

(d) Quorum requirement; voting

A majority of the directors shall be present at any meeting of directors in order to constitute a quorum and the votes of a majority of the directors so present shall be necessary for the transaction of any business.

Pub. L. 85–769, §7, Aug. 27, 1958, 72 Stat. 925.

§858 · Officers

(a) Composition

The corporation shall have such officers as may be provided for in the bylaws.

(b) Powers

The officers shall have such powers consistent with this charter, as may be determined by the bylaws.

(c) Elections; tenure; duties

The officers of the corporation shall be elected in such manner and have such terms and with such duties as may be prescribed in the bylaws of the corporation.

Pub. L. 85–769, §8, Aug. 27, 1958, 72 Stat. 925.

§859 · Distribution of income or assets to members; loans

(a) No part of the income or assets of the corporation shall inure to any member, officer, or director as such, or be distributed to any of them during the life of the corporation or upon its dissolution or final liquidation, nor shall any member or private individual be liable for the obligations of the corporation. Nothing in this section, however, shall be construed to prevent—

(1) the payment of bona fide expenses of officers of the corporation in amounts approved by the board of directors; or

(2) the payment of appropriate aid to blinded veterans, their widows or their children pursuant to the objects of the corporation.

(b) The corporation shall not make loans to its officers, directors, or employees. Any officer or director who votes for or assents to the making of a loan to an officer, director, or employee of the corporation and any officer who participates in the making of such loan shall be jointly and severally liable to the corporation for the amount of such loan until the payment thereof.

Pub. L. 85–769, §9, Aug. 27, 1958, 72 Stat. 926.

§860 · Nonpolitical nature of corporation

The corporation, and its officers and directors as such, shall not contribute to or otherwise support or assist any political party or candidate for elective public office.

Pub. L. 85–769, §10, Aug. 27, 1958, 72 Stat. 926.

§861 · Liability for acts of officers and agents

The corporation shall be liable for the acts of its officers and agents when acting within the scope of their authority.

Pub. L. 85–769, §11, Aug. 27, 1958, 72 Stat. 926.

§862 · Prohibition against issuance of stock or payment of dividends

The corporation shall have no power to issue any shares of stock or declare or pay dividends.

Pub. L. 85–769, §12, Aug. 27, 1958, 72 Stat. 926.

§863 · Books and records; inspection

The corporation shall keep correct and complete books and records of account. It shall also keep minutes of the proceedings of its membership and of the board of directors or committees having authority under the board of directors. It shall also keep at its principal office a record giving the names and addresses of its members, directors, and officers. All books and records of the corporation may be inspected by any member or his agent or attorney for any proper purpose at any reasonable time.

Pub. L. 85–769, §13, Aug. 27, 1958, 72 Stat. 926.

§864 · Repealed. Pub. L. 88–504, §4(30), Aug. 30, 1964, 78 Stat. 637

§865 · Use of assets on dissolution or liquidation

Upon final dissolution or liquidation of the corporation and after discharge or satisfaction of all outstanding obligations and liabilities the remaining assets of the corporation shall be transferred to the Department of Veterans Affairs to be applied to the care and comfort of blinded veterans.

Pub. L. 85–769, §15, Aug. 27, 1958, 72 Stat. 927; Pub. L. 102–54, §13(n)(4), June 13, 1991, 105 Stat. 278.

§866 · Acquisition of assets and liabilities of existing corporation

The corporation may acquire the assets of the Blinded Veterans Association, Incorporated, a body corporate organized under the laws of the State of New York, upon discharge or satisfactorily providing for the payment and discharge of all of the liabilities of such State corporation and upon complying with all the laws of the State of New York applicable thereto.

Pub. L. 85–769, §16, Aug. 27, 1958, 72 Stat. 927.

§867 · Exclusive right to name, seals, emblems, and badges

The corporation and its duly authorized regional groups and other local subdivisions shall have the sole and exclusive right to have and use in carrying out its purposes the name Blinded Veterans Association and such seals, emblems, and badges as the corporation may lawfully adopt.

Pub. L. 85–769, §17, Aug. 27, 1958, 72 Stat. 927.

§868 · Reservation of right to amend or repeal chapter

The right to alter, amend, or repeal this chapter is expressly reserved.

Pub. L. 85–769, §18, Aug. 27, 1958, 72 Stat. 927.

Chapter 36. Big Brothers. Big Sisters of America

§881 · Corporation created; short title

(a) The following persons: Charles G. Berwind, Philadelphia, Pennsylvania; Mark Willcox, Junior, Philadelphia, Pennsylvania; Earle S. Thompson, New York, New York; Archie O. Dawson, New York, New York; Isadore A. Wyner, New York, New York; and their successors, are hereby created and declared to be a body corporate of the District of Columbia, where its legal domicile shall be, by the name of the Big Brothers—Big Sisters of America (hereinafter referred to as the corporation) and by such name shall be known and have perpetual succession and the powers, limitations, and restrictions herein contained.

(b) This chapter may be cited as the “Big Brothers—Big Sisters of America”.

Pub. L. 85–870, §1, Sept. 2, 1958, 72 Stat. 1691; Pub. L. 95–167, §1(a), Nov. 11, 1977, 91 Stat. 1347.

§882 · Completion of organization

A majority of the persons named in section 881 of this title are authorized to complete the organization of the corporation by the adoption of a constitution and bylaws, not inconsistent with this chapter, and the doing of such other acts (including the selection of officers and employees in accordance with such constitution and bylaws) as may be necessary for such purpose.

Pub. L. 85–870, §2, Sept. 2, 1958, 72 Stat. 1691.

§883 · Purposes of corporation

The purposes of the corporation shall be to aid and assist individuals throughout the United States of America in the solution of their social and economic problems, and assist in their health, educational and character development; to promote the use of the techniques of such assistance developed by the corporation, by other lay and professional agencies and workers, to receive, invest, and disburse funds and to hold property for the purposes of the corporation.

Pub. L. 85–870, §3, Sept. 2, 1958, 72 Stat. 1691; Pub. L. 95–167, §1(b), Nov. 11, 1977, 91 Stat. 1347.

§884 · Powers of corporation

The corporation shall have power—

(1) to have succession by its corporate name;

(2) to sue and be sued, complain, and defend in any court of competent jurisdiction;

(3) to adopt, use, and alter a corporate seal;

(4) to choose such officers, managers, agents, and employees as the business of the corporation may require;

(5) to adopt, amend, and alter a constitution and bylaws, not inconsistent with the laws of the United States or any State in which the corporation is to operate, for the management of its property and the regulation of its affairs;

(6) to contract and be contracted with;

(7) to take by lease, gift, purchase, grant, devise, or bequest from any private corporation, association, partnership, firm, or individual and to hold any property, real, personal, or mixed, necessary or convenient for attaining the objects and carrying into effect the purposes of the corporation, subject, however, to applicable provisions of law of any State (A) governing the amount or kind of property which may be held by, or (B) otherwise limiting or controlling the ownership of property by, a corporation operating in such State;

(8) to transfer, convey, lease, sublease, encumber, and otherwise alienate real, personal, or mixed property; and

(9) to borrow money for the purposes of the corporation, issue bonds therefor, and secure the same by mortgage, deed of trust, pledge, or otherwise, subject in every case to all applicable provisions of Federal and State laws.

Pub. L. 85–870, §4, Sept. 2, 1958, 72 Stat. 1691.

§885 · Principal office; territorial scope of activities; agent for service of process

(a) The principal office of the corporation shall be located in Philadelphia, Pennsylvania, or in such other place as may be later determined by the board of directors, but the activities of the corporation shall not be confined to that place, but may be conducted throughout the various States, Territories, and possessions of the United States.

(b) The corporation shall have in the District of Columbia at all times a designated agent authorized to accept service of process for the corporation; and notice to or service upon such agent, or mailed to the business address of such agent, shall be deemed notice to or service upon the corporation.

Pub. L. 85–870, §5, Sept. 2, 1958, 72 Stat. 1692; Pub. L. 95–167, §1(c), Nov. 11, 1977, 91 Stat. 1347.

§886 · Membership; voting rights

Eligibility for membership in the corporation and the rights, privileges, and designations of classes of members shall, except as provided in this chapter, be determined as the constitution and bylaws of the corporation may provide. Each member of the corporation shall have the right to one vote on each matter submitted to a vote at all meetings of the members of the corporation.

Pub. L. 85–870, §6, Sept. 2, 1958, 72 Stat. 1692.

§887 · Governing body

(a) Composition

Upon the enactment of this chapter the membership of the initial board of directors of the corporation shall consist of the present members of the board of directors of the Big Brothers of America, Incorporated, the corporation described in section 896(a) of this title, or such of them as may then be living and are qualified members of said board of directors, to wit:

Justice Tom Clark, Washington, D.C. (honorary);

Honorable Stuart Garson, Ottawa, Ontario, Canada (honorary);

Honorable Luther W. Youngdahl, Washington, District of Columbia (honorary);

Charles G. Berwind, Philadelphia, Pennsylvania;

Henry J. Benisch, Brooklyn, New York;

DeVere Bobier, Flint, Michigan;

J. Carroll Brown, Lansing, Michigan;

Fielding T. Childress, Saint Louis, Missouri;

Guy de Puyjalon, Ottawa, Ontario, Canada;

Robert E. Curry, New York City, New York;

Jere Gillette, Detroit, Michigan;

Benjamin van D. Hedges, New York City, New York;

Honorable Thomas C. Hennings, Junior, Washington, District of Columbia;

Doctor Kenneth D. Johnson, New York City, New York;

Charles B. Levinson, Cincinnati, Ohio;

Walter H. Levy, Providence, Rhode Island;

Richard Loud, Boston, Massachusetts;

George O. Ludcke, Junior, Minneapolis, Minnesota;

Charles E. McMartin, Saginaw, Michigan;

John McShain, Philadelphia, Pennsylvania;

John E. Mangrum, Dallas, Texas;

George Miller, Los Angeles, California;

Nicholas C. Mueller, Baltimore, Maryland;

Herbert Myerberg, Baltimore, Maryland;

Thomas J. Potts, Columbus, Ohio;

Norfleet H. Rand, Saint Louis, Missouri;

G. Ruhland Rebmann, Junior, Philadelphia, Pennsylvania;

James B. Reese, Los Angeles, California;

Sanford Reider, Cleveland, Ohio;

Thomas A. Rogers, Denver, Colorado;

Robert N. Rosenthal, Cincinnati, Ohio;

Canon John Samuel, Hamilton, Ontario, Canada;

Maurice Schwarz, Junior, Los Angeles, California;

Isadore M. Scott, Philadelphia, Pennsylvania;

Milton Seaman, New York City, New York;

Nathaniel Sharf, Boston, Massachusetts;

Jay C. Standish, Cleveland, Ohio;

Donald W. Thornburgh, Philadelphia, Pennsylvania;

Robert L. Walston, Houston, Texas;

J. Austin White, Cincinnati, Ohio;

Meredith Willson, Los Angeles, California;

Paul Wilson, Detroit, Michigan; and

E. N. Zeigler, Florence, South Carolina.

(b) Tenure

Thereafter the board of directors of the corporation shall consist of such number as may be prescribed in the constitution of the corporation, and the members of such board shall be selected in such manner (including the filling of vacancies), and shall serve for such terms, as may be prescribed in the constitution and bylaws of the corporation.

(c) Duties

The board of directors shall be the managing body of the corporation and shall have such powers, duties, and responsibilities as may be prescribed in the constitution and bylaws of the corporation.

Pub. L. 85–870, §7, Sept. 2, 1958, 72 Stat. 1692; Pub. L. 95–167, §1(d), Nov. 11, 1977, 91 Stat. 1347.

§888 · Officers

(a) The officers of the corporation shall be a chairman of the board of directors, a president, one or more vice presidents (as may be prescribed in the constitution and bylaws of the corporation), a secretary, and a treasurer.

(b) The officers of the corporation shall be elected in such manner and for such terms and with such duties as may be prescribed in the constitution and bylaws of the corporation.

Pub. L. 85–870, §8, Sept. 2, 1958, 72 Stat. 1693.

§889 · Distribution of income or assets to members; loans

(a) No part of the income or assets of the corporation shall inure to any of its members, directors, or officers as such, or be distributable to any of them during the life of the corporation or upon its dissolution or final liquidation. Nothing in this subsection, however, shall be construed to prevent the payment of compensation to officers of the corporation in amounts approved by the board of directors of the corporation.

(b) The corporation shall not make loans to its officers, directors, or employees. Any director who votes for or assents to the making of a loan or advance to an officer, director, or employee of the corporation, and any officer who participates in the making of such a loan or advance, shall be jointly and severally liable to the corporation for the amount of such loan until the repayment thereof.

Pub. L. 85–870, §9, Sept. 2, 1958, 72 Stat. 1693.

§890 · Nonpolitical nature of corporation

The corporation, and its officers and directors as such, shall not contribute to or otherwise support or assist any political party or candidate for public office.

Pub. L. 85–870, §10, Sept. 2, 1958, 72 Stat. 1694.

§891 · Liability for acts of officers and agents

The corporation shall be liable for the acts of its officers and agents when acting within the scope of their authority.

Pub. L. 85–870, §11, Sept. 2, 1958, 72 Stat. 1694.

§892 · Prohibition against issuance of stock or payment of dividends

The corporation shall have no power to issue any shares of stock or to declare or pay any dividends.

Pub. L. 85–870, §12, Sept. 2, 1958, 72 Stat. 1694.

§893 · Books and records; inspection

The corporation shall keep correct and complete books and records of account and shall keep minutes of the proceedings of its members, board of directors, and committees having any authority under the board of directors; and it shall also keep at its principal office a record of the names and addresses of its members entitled to vote. All books and records of the corporation may be inspected by any member entitled to vote, or his agent or attorney, for any proper purpose, at any reasonable time.

Pub. L. 85–870, §13, Sept. 2, 1958, 72 Stat. 1694.

§894 · Repealed. Pub. L. 88–504, §4(31), Aug. 30, 1964, 78 Stat. 637

§895 · Exclusive right to name, emblems, seals, and badges

The corporation and its subordinate divisions shall have the sole and exclusive right to use any of the following names: The Big Brothers of America; Big Sisters International, Incorporated; Big Sisters of America; Big Brothers; Big Sisters; Big Brothers—Big Sisters of America; and Big Sisters—Big Brothers. The corporation shall have the exclusive and sole right to use or to allow or refuse the use of such emblems, seals, and badges as have heretofore been used by the predecessor New York corporation, Big Brothers of America, Incorporated, described in section 896(a) of this title, and by the District of Columbia corporation, Big Sisters International, Incorporated, described in section 896(b) of this title, and the right to which may be transferred to the corporation.

Pub. L. 85–870, §15, Sept. 2, 1958, 72 Stat. 1694; Pub. L. 95–167, §1(e), Nov. 11, 1977, 91 Stat. 1347.

§896 · Acquisition of assets and liabilities of existing corporation

(a) The corporation may acquire the assets of the Big Brothers of America, Inc., a corporation organized under the laws of the State of New York, upon discharging or satisfactorily providing for the payment and discharge of all of the liability of such corporation and upon complying with all laws of the State of New York applicable thereto.

(b) The corporation may acquire the assets of Big Sisters International, Incorporated, a corporation organized under the laws of the District of Columbia, upon discharging or satisfactorily providing for the payment and discharge of all of the liability of such corporation and upon complying with all laws of the District of Columbia applicable thereto.

Pub. L. 85–870, §16, Sept. 2, 1958, 72 Stat. 1695; Pub. L. 95–167, §1(f), Nov. 11, 1977, 91 Stat. 1347.

§897 · Use of assets on dissolution or liquidation

Upon dissolution or final liquidation of the corporation, after discharge or satisfaction of all outstanding obligations and liabilities, the remaining assets, if any, of the corporation shall be distributed in accordance with the determination of the board of directors of the corporation and in compliance with the constitution and bylaws of the corporation and all Federal and State laws applicable thereto.

Pub. L. 85–870, §17, Sept. 2, 1958, 72 Stat. 1695.

§898 · Reservation of right to amend or repeal chapter

The right to alter, amend, or repeal this chapter is expressly reserved.

Pub. L. 85–870, §18, Sept. 2, 1958, 72 Stat. 1695.

Chapter 37. Jewish War Veterans, u.s.a., National Memorial, Inc.

§911 · Corporation created

The following named persons, to wit: Ben Kaufman, Trenton, New Jersey; William Berman, Westbrook, Maine; Joseph Gilman, Manchester, New Hampshire; Captain Louis H. Albrand, Burlington, Vermont; Mrs. Ethel Cohen, Providence, Rhode Island; Paul J. Robin, Providence, Rhode Island; Frederick S. Harris, Meriden, Connecticut; Edward Lettick, New Haven, Connecticut; William Carmen, Brookline, Massachusetts; David Lasker, Boston, Massachusetts; Mrs. Sarah Stone, Brighton, Massachusetts; Harry D. Henshel, New York, New York; Captain Joshua Goldberg, New York, New York; Sol Masch, New York, New York; Sam Slutsky, Peekskill, New York; I. T. Rockman, Harrisburg, Pennsylvania; Harry H. Schaffer, Pittsburgh, Pennsylvania; Doctor David Coyne, Hoboken, New Jersey; Edward Nappen, Atlantic City, New Jersey; Howard M. Berg, Wilmington, Delaware; Samuel Michaelson, Baltimore, Maryland; Louis E. Spiegler, Washington, District of Columbia; Joseph F. Barr, Washington, District of Columbia; Joseph A. Reshefsky, Portsmouth, Virginia; Edward Leyton, High Point, North Carolina; Doctor Harry Appel, Charleston, South Carolina; Harry Harrison, Atlanta, Georgia; Paul Ginsberg, Atlanta, Georgia; Harry Cohen, Miami Beach, Florida; Louis B. Lepp, Birmingham, Alabama; Edwin I. Baer, Louisville, Kentucky; Doctor Yale Burke, South Bend, Indiana; Harry T. Madison, Oak Park, Michigan; William Bobier, Phoenix, Arizona; Samuel Shaikewitz, St. Louis, Missouri; Major General Julius Klein, Chicago, Illinois; Nathan Rakita, Milwaukee, Wisconsin; Myer Dorfman, St. Paul, Minnesota; Hyman Greenspan, Dallas, Texas; Harold Freeman, Phoenix, Arizona; Harry Pells, Denver, Colorado; Hy Weitzman, San Bernardino, California; Don Kapner, Seattle, Washington; Sherman Z. Lipstein, Omaha, Nebraska; William Stern, Fargo, North Dakota; and their successors, are hereby created and declared to be a nonprofit body corporate of the District of Columbia, where its legal domicile shall be, by the name of the Jewish War Veterans, U.S.A., National Memorial, Incorporated (hereinafter referred to as the “corporation”), and by such name shall be known and have perpetual succession and the powers, limitations, and restrictions herein contained.

Pub. L. 85–903, §1, Sept. 2, 1958, 72 Stat. 1738.

§912 · Completion of organization

A majority of the persons named in section 911 of this title are authorized to complete the organization of the corporation by the selection of officers and employees, the adoption of a constitution and bylaws, not inconsistent with the provisions of this chapter, and the doing of such other acts as may be necessary for such purpose.

Pub. L. 85–903, §2, Sept. 2, 1958, 72 Stat. 1738.

§913 · Principles and objects of corporation

The principles and objects of the corporation shall be—

(a) to maintain and conduct a national memorial and museum dedicated to and commemorating the service and sacrifice in the Armed Forces of the United States during the period of war by Americans of the Jewish faith;

(b) to gather, collate, edit, publish, and exhibit the memorabilia, data, records, military awards, decorations, citations, and so forth, for the purpose of preserving the memories and records of patriotic service performed by men and women of the Jewish faith while in the armed services of the United States in time of war; and

(c) to stimulate patriotism in the minds of all Americans by encouraging the study of the military and naval history of our Nation.

Pub. L. 85–903, §3, Sept. 2, 1958, 72 Stat. 1738.

§914 · Powers of corporation

The corporation shall have power—

(a) to have succession by its corporate name;

(b) to sue and be sued, complain and defend in any court of competent jurisdiction;

(c) to adopt, use, and alter a corporate seal;

(d) to adopt, amend, and alter a constitution and bylaws, not inconsistent with the laws of the United States, for the management of its property and the regulation of its affairs; said constitution and bylaws should likewise not be inconsistent with the laws of any State in which the corporation is to operate;

(e) to contract and be contracted with;

(f) to take by lease, gift, purchase, grant, devise, or bequest from any private corporation, association, partnership, firm, or individual, and to hold any property, real, personal, or mixed, necessary or convenient for attaining the objects and carrying into effect the purposes of the corporation, subject, however, to applicable provisions of law of any State (A) governing the amount or kind of property which may be held by, or (B) otherwise limiting or controlling the ownership of property by, a corporation operating in such State;

(g) to transfer, convey, lease, sublease, encumber, and otherwise alienate real, personal, or mixed property; and

(h) to borrow money for the purposes of the corporation, issue bonds therefor, and secure the same by mortgage, deed of trust, pledge, or otherwise, subject in every case to all applicable provisions of Federal and State laws.

Pub. L. 85–903, §4, Sept. 2, 1958, 72 Stat. 1739.

§915 · Principal office; territorial scope of activities; agent for service of process

(a) The principal office of the corporation shall be located in Washington, District of Columbia, but the activities of the corporation shall not be confined to that place and may be conducted throughout the various States, Territories, and possessions of the United States.

(b) The corporation shall at all times maintain in its headquarters in the District of Columbia a designated agent to accept service of process for the corporation and notice to or service upon such agent, or mailed to the headquarters of the organization in the said District of Columbia shall be deemed notice or service upon the said corporation.

Pub. L. 85–903, §5, Sept. 2, 1958, 72 Stat. 1739.

§916 · Governing body

(a) Composition

Upon the enactment of this chapter, the initial board of directors of the corporation shall consist of the present officers and members of the board of directors of the existing corporation, entitled “Jewish War Veterans U.S.A., National Memorial, Incorporated”, an organization incorporated under the laws of the District of Columbia.

(b) Tenure

Thereafter, the board of directors of the corporation shall be of such number (not less than thirty-six) who shall be selected in such manner, including the filling of vacancies and serve such terms as shall be prescribed under the constitution and bylaws of the corporation.

(c) Duties

The board of directors shall be the governing board of the corporation and shall, during the intervals between corporation meetings, be responsible for the general policies and program of the corporation. The board shall be responsible for all finances of the corporation.

Pub. L. 85–903, §6, Sept. 2, 1958, 72 Stat. 1739.

§917 · Officers

(a) The officers of the corporation shall be a president and such number of vice presidents as shall be provided for in the constitution and bylaws, as well as a secretary and treasurer.

(b) The officers of the corporation shall be elected in such manner and for such terms as well as with such duties as may be prescribed in the constitution and bylaws of the corporation.

Pub. L. 85–903, §7, Sept. 2, 1958, 72 Stat. 1740.

§918 · Distribution of income or assets to members; loans

(a) No part of the income or assets of the corporation shall inure to any officer or director or be distributable to any such person. Nothing in this section, however, shall be construed to prevent the payment of compensation to the officers or employees of the corporation in amounts approved by the executive committee of the corporation.

(b) The corporation shall not make loans to its officers, directors, or employees. Any director who votes for or assents to the making of a loan to an officer, director, or employee of the corporation, and any officer who participates in the making of such loan, shall be jointly and severally liable to the corporation for the amount of such loan until the repayment thereof.

Pub. L. 85–903, §8, Sept. 2, 1958, 72 Stat. 1740.

§919 · Nonpolitical nature of corporation

The corporation, and its officers and directors as such, shall not contribute to or otherwise support or assist any political party or candidate for public office.

Pub. L. 85–903, §9, Sept. 2, 1958, 72 Stat. 1740.

§920 · Liability for acts of officers and agents

The corporation shall be liable for the acts of its officers and agents when acting within the scope of their authority.

Pub. L. 85–903, §10, Sept. 2, 1958, 72 Stat. 1740.

§921 · Prohibition against issuance of stock or payment of dividends

The corporation shall have no power to issue any shares of stock or to declare or pay any dividends.

Pub. L. 85–903, §11, Sept. 2, 1958, 72 Stat. 1740.

§922 · Books and records; inspection

The corporation shall keep correct and complete books and records of account and shall keep minutes of the proceedings of its members, board of directors, and committees having any authority under the board of directors; and it shall also keep at its principal office a record of the names and addresses of its members entitled to vote. All books and records of the corporation may be inspected by any member entitled to vote, or his agent or attorney, for any proper purpose, at any reasonable time.

Pub. L. 85–903, §12, Sept. 2, 1958, 72 Stat. 1740.

§923 · Repealed. Pub. L. 88–504, §4(32), Aug. 30, 1964, 78 Stat. 637

§924 · Use of assets on dissolution or liquidation

Upon final dissolution or liquidation of the corporation, and after discharge or satisfaction of all outstanding obligations and liabilities, the remaining assets of the corporation may be distributed in accordance with the determination of the board of directors of the corporation and in compliance with the constitution and bylaws of the corporation and all Federal and State laws applicable thereto. Nothing in this section shall be construed so as to permit any such assets being distributed to any officer or employee or inuring to the benefit of any private person.

Pub. L. 85–903, §14, Sept. 2, 1958, 72 Stat. 1741.

§925 · Acquisition of assets and liabilities of existing corporation

The corporation may acquire the assets of the Jewish War Veterans, U.S.A., National Memorial, Incorporated, a body corporate organized under the laws of the District of Columbia, upon discharging or satisfactorily providing for the payment and discharge of all of the liabilities of such corporation and upon complying with all the laws of the District of Columbia applicable thereto.

Pub. L. 85–903, §15, Sept. 2, 1958, 72 Stat. 1741.

§926 · Reservation of right to amend or repeal chapter

The right to alter, amend, or repeal this chapter is expressly reserved.

Pub. L. 85–903, §16, Sept. 2, 1958, 72 Stat. 1741.

Chapter 38. Blue Star Mothers of America

§941 · Corporation created

The following named persons, to wit: Ann Clumfoot, Port Huron, Michigan; Audree Jonechat, Covina, California; Nettie Ludwig, Milwaukee, Wisconsin; Esther Beer, Mansfield, Ohio; Evelyn Lauritson, Cedar Falls, Iowa; Ethel Stevenson, Fresh Meadows, New York; Etta Drayton, Flint, Michigan; Evelyn Bednar, Milwaukee, Wisconsin; Edna Crorey, Grants Pass, Oregon; Erma Sweeney, Long Beach, California; Josephine Plant, Waterloo, Iowa; Dorothy Christensen, Flint, Michigan; Mary Tracey, Brooklyn, New York; LaVina Shope, Lima, Ohio; Olga Barnes, Roseburg, Oregon; Levia Jamison, Jamestown, Pennsylvania; Jean Williams, Port Orchard, Washington; Ida Alford, Little Rock, Arkansas; Edna May Standing, Orange City, Florida; Charlotte Cobb, Chatham, Massachusetts; Ann Sine Gale, Milwaukee, Wisconsin; Ann F. Fetting, Smiths Creek, Michigan; Irene Uhl, Rosemead, California; Hazel Rue Scott, Arlington, Virginia; Louise Meyerhoff, Queens Village, New York; Ivah Jones, Long Beach, California; Florence Brown, Pontiac, Michigan; Erma Hoffman, Columbus, Ohio; Nellie Leonhardt, Detroit, Michigan; and all past national presidents, and their successors, retiring or leaving their office in good standing, are created and declared to be a body corporate of the District of Columbia, where its legal domicile shall be, by the name of the Blue Star Mothers of America, Inc. (hereinafter referred to as the corporation), and by such name shall be known and have perpetual succession and the powers, limitations, and restrictions herein contained.

Pub. L. 86–653, §1, July 14, 1960, 74 Stat. 515.

§942 · Completion of organization

A majority of the persons named in section 941 of this title, acting in person or by written proxy, are authorized to complete the organization of the corporation by the selection of officers and employees, the adoption of a constitution and bylaws not inconsistent with this chapter, and the doing of such other acts as may be necessary for such purpose.

Pub. L. 86–653, §2, July 14, 1960, 74 Stat. 515.

§943 · Purposes of corporation

The purposes of the corporation shall be: To perpetuate the Blue Star Mothers of America, Inc., and the memory of all the men and women who have served our country as members of the Armed Forces; the further object of this organization shall be patriotic, educational, social, and for service; to maintain true allegiance to the Government of the United States; to educate our members and others not to divulge military, naval, or other Government information; to assist in veterans’ ceremonies, to attend patriotic rallies and meetings; to foster true democracy; to care for the unsupported mothers who gave their sons to the service of the Nation; to aid in bringing about recognition of the need of permanent civilian defense for each community and to ever be alert against invasion of un-American activities; to uphold the American institutions of freedom, justice, and equal rights, and to defend the United States from all enemies.

Pub. L. 86–653, §3, July 14, 1960, 74 Stat. 515.

§944 · Powers of corporation

The corporation shall have power—

(1) to have succession by its corporate name;

(2) to sue and be sued, complain and defend in any court of competent jurisdiction;

(3) to adopt, use, and alter a corporate seal;

(4) to choose such officers, managers, agents, and employees as the activities of the corporation may require;

(5) to adopt, amend and alter a constitution and bylaws; not inconsistent with the laws of the United States or of any State in which the corporation is to operate, for the management of its property and the regulation of its affairs;

(6) to contract and be contracted with;

(7) to take by lease, gift, purchase, grant, devise, or bequest from any public body or agency or any private corporation, association, partnership, firm, or individual and to hold absolutely or in trust for any of the purposes of the corporation any property, real, personal, or mixed, necessary or convenient for attaining the objects and carrying into effect the purposes of the corporation, subject, however, to applicable provisions of law of any State (A) governing the amount of or kind of property which may be held by, or (B) otherwise limiting or controlling the ownership of property by, a corporation operating in such State;

(8) to transfer, convey, lease, sublease, mortgage, encumber and otherwise alienate real, personal, or mixed property; and

(9) to borrow money for the purpose of the corporation, issue bonds therefor, and secure the same by mortgage, deed of trust, pledge, or otherwise, subject in every case to all applicable provisions of Federal and State laws; and

(10) to do any and all acts and things necessary and proper to carry out the objects and purposes of the corporation.

Pub. L. 86–653, §4, July 14, 1960, 74 Stat. 516.

§945 · Membership

Eligibility: A mother, adopted mother, or stepmother (a stepmother eligible for membership in the Blue Star Mothers of America, Inc., can claim that eligibility only if she has given a mother's care to the stepchild from the age of thirteen or under), living in the United States, of a son or daughter serving in the Armed Forces of the United States, or having a son or daughter who has served, or has been honorably discharged from the Armed Forces of the United States in World War II or the Korean hostilities. The term “Armed Forces” shall include the United States Army; United States Navy; United States Marines; United States Air Force; United States Coast Guard; National Guard; United States Army Reserves; United States Navy Reserves; United States Marine Reserves; United States Air Force Reserves; United States Coast Guard Reserves; United States Naval Militia; merchant marines; and the armed home guards who have served on active duty.

Pub. L. 86–653, §5, July 14, 1960, 74 Stat. 516.

§946 · Governing body; composition; meetings

The supreme governing authority of the corporation shall be the national convention thereof, composed of such officers and elected representatives from the several States and other local subdivisions of the corporate organization as shall be provided by the constitution and bylaws: Provided, That the form of the government of the corporation shall always be representative of the membership at large and shall not permit the concentration of control thereof in the hands of a limited number of members or in a self-perpetuating group not so representative. The meetings of the national convention may be held in any State or Territory or in the District of Columbia.

Pub. L. 86–653, §6, July 14, 1960, 74 Stat. 516.

§947 · Officers

The officers of the corporation shall be selected in such manner and for such terms and with such duties and titles as may be prescribed in the constitution and bylaws of the corporation.

Pub. L. 86–653, §7, July 14, 1960, 74 Stat. 517.

§948 · Principal office; agent for service of process

The principal office of the corporation shall be located in the District of Columbia and shall have in the District of Columbia at all times a designated agent authorized to accept service of process, notice, or demand for the corporation, and service of such process, notice, or demand required or permitted by law to be served upon the corporation may be served upon such agent. The corporation shall file with the Superintendent of Corporations of the District of Columbia a statement designating the initial and each successor registered agent of the corporation and the initial and each successor registered office of the corporation immediately following any such designation. As used in this chapter the term “Superintendent of Corporations of the District of Columbia” means the Mayor of the District of Columbia or any agent designated by him to perform the functions vested by this chapter in the Superintendent of Corporations.

Pub. L. 86–653, §8, July 14, 1960, 74 Stat. 517; 1967 Reorg. Plan No. 3, §401, eff. Aug. 11, 1967, 32 F.R. 11669, 81 Stat. 951; Pub. L. 93–198, title IV, §421, Dec. 24, 1973, 87 Stat. 789.

§949 · Distribution of income or assets to members; loans

(a) No part of the income or assets of the corporation shall inure to any of its members or officers as such, or be distributable to any of them during the life of the corporation or upon its dissolution or final liquidation. Nothing in this subsection, however, shall be construed to prevent the payment of compensation to officers of the corporation or reimbursement for actual necessary expenses in amounts approved by the council of administration of the corporation.

(b) The corporation shall not make loans to its officers or employees. Any member of the council of administration who votes for or assents to the making of a loan or advance to any officer or employee of the corporation, and any officer who participates in the making of such loan or advance, shall be jointly and severally liable to the corporation for the amount of such loan until the repayment thereof.

Pub. L. 86–653, §9, July 14, 1960, 74 Stat. 517.

§950 · Nonpolitical nature of corporation

The corporation and its officers and agents as such shall not contribute to any political party or candidate for public office.

Pub. L. 86–653, §10, July 14, 1960, 74 Stat. 517.

§951 · Liability for acts of officers and agents

The corporation shall be liable for the acts of its officers and agents when acting within the scope of their authority.

Pub. L. 86–653, §11, July 14, 1960, 74 Stat. 517.

§952 · Prohibition against issuance of stock or payment of dividends

The corporation shall have no power to issue any shares of stock or to declare or pay any dividends.

Pub. L. 86–653, §12, July 14, 1960, 74 Stat. 517.

§953 · Books and records; inspection

The corporation shall keep correct and complete books and records of account and shall keep minutes of the proceedings of its national conventions and council of administration. All books and records of the corporation may be inspected by any member, or his agent or attorney, for any proper purpose, at any reasonable time.

Pub. L. 86–653, §13, July 14, 1960, 74 Stat. 518.

§954 · Repealed. Pub. L. 88–504, §4(33), Aug. 30, 1964, 78 Stat. 637

§955 · Annual report

On or before March 1 of each year the corporation shall report to the Congress on its activities during the preceding fiscal year. Such report may consist of a report on the proceedings of the national convention covering such fiscal year. Such report shall not be printed as a public document.

Pub. L. 86–653, §15, July 14, 1960, 74 Stat. 518.

§956 · Exclusive right to name, emblems, seals, and badges

The corporation and its subordinate divisions shall have the sole and exclusive right to use the name, “Blue Star Mothers of America, Inc.”, and no other organization shall use the name “Blue Star Mothers of America, Inc.”. The corporation shall have the exclusive and sole right to use, or to allow or refuse the use of, such emblems, seals, and badges as have heretofore been used by the Blue Star Mothers of America.

Pub. L. 86–653, §16, July 14, 1960, 74 Stat. 518.

§957 · Use of assets on dissolution or liquidation

Upon dissolution or final liquidation of the corporation, after discharge or satisfaction of all outstanding obligations and liabilities, the remaining assets, if any, of the corporation shall be distributed in accordance with the determination of the national executive board and in compliance with the constitution and bylaws of the corporation and all Federal and State laws applicable thereto.

Pub. L. 86–653, §17, July 14, 1960, 74 Stat. 518.

§958 · Reservation of right to amend or repeal chapter

The right to alter, amend, or repeal this chapter is expressly reserved.

Pub. L. 86–653, §18, July 14, 1960, 74 Stat. 518.

Chapter 39. Agricultural Hall of Fame

§971 · Corporation created

The following persons: K. S. Adams, Bartlesville, Oklahoma; Evelyn H. Alden, Wellsville, Kansas; Ray N. Ammon, Saint Joseph, Missouri; Clinton P. Anderson, Albuquerque, New Mexico; Charles Baker, Walla Walla, Washington; L. Y. Ballentine, Raleigh, North Carolina; Harry J. Beernink, Seattle, Washington; Charles Dana Bennett, Washington, District of Columbia; Ezra Taft Benson, Washington, District of Columbia; Charles F. Brannan, Denver, Colorado; D. W. Brooks, Atlanta, Georgia; John T. Brown, Racine, Wisconsin; John M. Budd, Saint Paul, Minnesota; George S. Bulkley, Los Angeles, California; Lee M. Burge, Reno, Nevada; Frank Carlson, Concordia, Kansas; Edward D. Carpenter, Cassville, Wisconsin; Richard O. Comfort, New York, New York; Harold D. Cooley, Nashville, North Carolina; Howard A. Cowden, Kansas City, Missouri; Lester Cox, Springfield, Missouri; Harry Darby, Kansas City, Kansas; A. F. Davis, Cleveland, Ohio; Chester Davis, San Marino, California; Clark W. Davis, Wilmington, Delaware; Gladys L. Dawes, Colby, Kansas; D. Howard Doane, McCredie, Missouri; Cyrus Eaton, Cleveland, Ohio; Clyde T. Ellis, Washington, District of Columbia; Victor Emanuel, New York, New York; Sterling Evans, Houston, Texas; E. H. Fallon, Ithaca, New York; James C. Farmer, Keene, New Hampshire; John D. Fehsenfeld, Troy, Missouri; Willard M. Fifield, Gainesville, Florida; Charles Figy, Washington, District of Columbia; Nolen J. Fuqua, Duncan, Oklahoma; Paul Gray, Washington, District of Columbia; F. V. Heinkel, Columbia, Missouri; Roy F. Hendrickson, Washington, District of Columbia; W. L. Henning, Harrisburg, Pennsylvania; Icie D. Hiatt, Bethany, Missouri; Merritt D. Hill, Birmingham, Michigan; William S. Hill, Fort Collins, Colorado; Harold Hogue, Dalhart, Texas; Clifford R. Hope, Garden City, Kansas; Chester C. Housh, Elkton, Virginia; Edgar Hovey, Badger, Iowa; Frank W. Hussey, Presque Isle, Maine; James R. Isleib, Prairie Village, Kansas; Lyman E. Jackson, University Park, Pennsylvania; Dorsey Kirk, Oblong, Illinois; Alf M. Landon, Topeka, Kansas; J. D. Lawrence, Columbia, South Carolina; L. G. Ligutti, Des Moines, Iowa; J. H. Longwell, Columbia, Missouri; Charles Marshall, Lincoln, Nebraska; James McGuire, Topeka, Kansas; Wheeler McMillen, Philadelphia, Pennsylvania; George S. McIntyre, Lansing, Michigan; Bob Miller, Cincinnati, Ohio; E. W. Mueller, Chicago, Illinois; Carl F. Newman, Chicago, Illinois; Herschel D. Newsom, Washington, District of Columbia; E. M. Norton, Washington, District of Columbia; James G. Patton, Denver, Colorado; J. C. Penney, New York, New York; Clarence Poe, Raleigh, North Carolina; J. Stuart Russell, Des Moines, Iowa; Ruth Buxton Sayre, Ackworth, Iowa; Paul F. Sharp, Berkeley, California; Frank M. Shay, San Jose, California; Charles B. Shuman, Chicago, Illinois; Virginia Smith, Chappell, Nebraska; W. T. Spanton, Washington, District of Columbia; J. K. Stern, Washington, District of Columbia; Paul Swaffar, Kansas City, Missouri; Ben Swigart, Mooreland, Oklahoma; Jesse W. Tapp, Los Angeles, California; Ray Teagarden, La Cygne, Kansas; M. W. Thatcher, St. Paul, Minnesota; R. B. Tootell, Washington, District of Columbia; Harry S. Truman, Independence, Missouri; Rod Turnbull, Kansas City, Missouri; Herbert W. Voorhees, Trenton, New Jersey; Jerry Voorhis, Chicago, Illinois; Orville F. Walker, Kalkaska, Michigan; James Wall, Waverly, Nebraska; Henry A. Wallace, South Salem, New York; Claude R. Wickard, Camden, Indiana; Oliver S. Willham, Stillwater, Oklahoma; D. A. Williams, St. Paul, Minnesota; Robert E. Wood, Chicago, Illinois; Obed Wyum, Rutland, North Dakota; O. E. Zacharias, Junior, Richmond, Virginia; and their associates and successors, are hereby created and declared to be a body corporate by the name of the Agricultural Hall of Fame (hereinafter referred to as the “corporation”) and by such name shall be known and have perpetual succession and the powers, limitations and restrictions herein contained.

Pub. L. 86–680, §1, Aug. 31, 1960, 74 Stat. 572.

§972 · Completion of organization

A majority of the persons named in section 971 of this title are authorized to complete the organization of the corporation by the selection of officers and employees, the adoption of bylaws, not inconsistent with this chapter, and the doing of such other acts as may be necessary for such purpose.

Pub. L. 86–680, §2, Aug. 31, 1960, 74 Stat. 573.

§973 · Purposes of corporation

The purposes of the corporation shall be:

(A) To receive and maintain a fund or funds, and to use and apply the whole or any part of the income therefrom, and the principal thereof, exclusively for charitable, scientific, literary, or educational purposes either directly or by contributing to organizations contributions to organizations duly authorized to carry on similar

activities;(2) to activities: Provided, however, That no part of such income or principal shall be contributed to any organization whose net earnings or any part thereof inure to the benefit of any private shareholder or individual, or any substantial part of the activities of which is carrying on propaganda, or otherwise attempting to influence legislation. The detailed purposes hereinafter set forth shall at all times be subject to and in furtherance of the provisions contained in this paragraph.(B) To

honor farmers, farm women, farm leaders, teachers, scientists, inventors, governmental leaders, leaders and other individuals who have helped make this Nation great by their outstanding contributions to the establishment, development, advancement, advancement or improvement of agriculture in the United

States;(3) to States of America.(C) To

perpetuate the memory of those individuals such persons and record their contributions and achievements by the erection and maintenance of buildings and monuments such buildings, monuments, and edifices as may be deemed appropriate as a lasting

memorial;(4) to promote memorial.(D) To foster, promote, and encourage

a greater sense of appreciation of the dignity and importance of agriculture, historically carried out through owner-operated farms, and the part it has played in developing those social, economic, and spiritual values which are essential in maintaining the free and democratic institutions of our

Republic;(5) to Republic.(E) To

establish and maintain a library and museum for the collection and preservation for posterity of agricultural tools, implements, machines, vehicles, pictures, paintings, books, papers, documents, data, relics, mementos, artifacts, and other items

relating to agriculture;(6) to and things relating to agriculture.(F) To

cooperate with other organizations which are interested in similar

projects; and(7) to engage in other activities appropriate to carry out its projects.(G) To engage in any and all activities incidental thereto or necessary, suitable, or proper for the accomplishment of any of the aforementioned

purposes.

Pub. L.

105–225, Aug. 12, 1998, 112 Stat. 1284.

§20103 · Membership

(a) Eligibility.—Except 86–680, §3, Aug. 31, 1960, 74 Stat. 573.

§974 · Powers of corporation

The corporation shall have power—

(1) to have succession by its corporate name;

(2) to sue and be sued, complain and defend in any court of competent jurisdiction;

(3) to adopt, use, and alter a corporate seal;

(4) to choose such officers, managers, agents, and employees as the business of the corporation may require;

(5) to adopt, amend, and alter bylaws, not inconsistent with the laws of the United States or any State in which the corporation is to operate, for the management of its property and the regulation of its affairs;

(6) to contract and be contracted with;

(7) to take by lease, gift, purchase, grant, devise, or bequest from any private corporation, association, partnership, firm, or individual and to hold any property, real, personal, or mixed, necessary or convenient for attaining the objects and carrying into effect the purposes of the corporation, subject, however, to applicable provisions of law of any State (A) governing the amount or kind of property which may be held by, or (B) otherwise limiting or controlling the ownership of property by, a corporation operating in such State;

(8) to transfer, convey, lease, sublease, encumber and otherwise alienate real, personal or mixed property; and

(9) to borrow money for the purposes of the corporation, issue bonds therefor, and secure the same by mortgage, deed of trust, pledge or otherwise, subject in every case to all applicable provisions of Federal and State laws.

Pub. L. 86–680, §4, Aug. 31, 1960, 74 Stat. 574.

§975 · Principal office; territorial scope of activities; agent for service of process

(a) The principal office of the corporation shall be located in Kansas City, Kansas, or in such other place as may be later determined by the board of governors, but the activities of the corporation shall not be confined to that place, but may be conducted throughout the various States, Territories and possessions of the United States.

(b) The corporation shall have in the District of Columbia at all times a designated agent authorized to accept service of process for the corporation; and notice to or service upon such agent shall be deemed notice to or service upon the corporation.

Pub. L. 86–680, §5, Aug. 31, 1960, 74 Stat. 574.

§976 · Membership; voting rights

(a) Eligibility for membership in the corporation and the rights, privileges and designation of classes of members shall, except

as provided in this chapter,

eligibility for membership in the corporation and the rights, privileges, and designation of classes of members are as provided in the bylaws.(b) Voting.—Each member be determined as the bylaws of the corporation may provide.(b) Each member of the corporation

given voting rights by the bylaws has shall have the right to one vote on each matter submitted to a vote at a meeting all meetings of the voting members. The members of the corporation, which vote may be cast in

the manner provided in the bylaws.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1284.

§20104 such manner as the bylaws may prescribe.

Pub. L. 86–680, §6, Aug. 31, 1960, 74 Stat. 575.

§977 · Governing body

(a) Board of Governors.—(1) Composition

Upon the enactment of this chapter the membership of the initial board of governors of the corporation shall consist of the persons named in section 971 of this title, their survivors and such additional persons, if any, as shall be named by them.

(b) Tenure

Thereafter, the board of governors of the corporation shall consist of such number (not less than fifteen), shall be selected in such manner (including the filling of vacancies), and shall serve for such term as may be provided in the bylaws of the corporation.

(c) Duties

The board of governors is shall be the governing body of the corporation. Between meetings of the members of the corporation, the board is corporation and, during the intervals between the meetings of members, shall be responsible for the general policies and program of the corporation and for the control of all funds of the corporation.

(2) The number of governors, their manner of selection (including the filling of vacancies), and their term of office are as provided in the bylaws. However, the board shall have at least 15 members.

(3) The board may appoint committees. Each committee has the powers provided The board of governors may appoint committees which shall have and exercise such powers as may be prescribed in the bylaws or by resolution of the board. The powers of a committee may include all board of governors, and which may be all of the powers of the

board.(b) Officers.—(1) board of governors.

Pub. L. 86–680, §7, Aug. 31, 1960, 74 Stat. 575.

§978 · Officers

(a)

The officers of the corporation are shall be a president, one or more one vice presidents as provided in the bylaws, vice presidents (as may be prescribed in the bylaws of the corporation), a secretary, a treasurer, one or more assistant secretaries and assistant treasurers, and such other officers as

provided in the bylaws.

(2) The manner of election, term of office, and duties of the officers are as provided in the bylaws.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1284.

§20105 · Powers

The corporation may—

(1) adopt and amend bylaws for the management of its property and the regulation of its affairs;

(2) adopt and alter a corporate seal;

(3) choose officers, managers, agents, and employees as the activities of the corporation require;

(4) make contracts;

(5) acquire, own, lease, encumber, and transfer property as necessary or convenient to carry out the purposes of the corporation;

(6) borrow money, issue instruments of indebtedness, and secure its obligations by granting security interests in its property; and

(7) sue and be sued.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1285.

§20106 · Restrictions

(a) Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend.

(b) Political Activities.—The corporation or a governor, officer, employee, or member as such may not contribute to, support, or assist a political party or candidate for public office.

(c) Distribution of Income or Assets.—The income or assets of the corporation may not inure to the benefit of, or be distributed to, a governor, officer, or member as such during the life of the corporation or on its dissolution or final liquidation. This subsection does not prevent the payment of compensation to an officer or employee in an amount approved by the board of governors.

(d) Loans.—The corporation may not make a loan or advance to a governor, officer, employee, or member. Governors who vote for or assent to making a loan or advance to a governor, officer, employee, or member, and officers who participate in making the loan or advance, are jointly and severally liable to the corporation for the amount of the loan or advance until it is repaid.

(e) Contributions to Certain Organizations.—None of the principal or interest of a fund referred to in section 20102(1) of this title may be contributed to an organization if—

(1) a substantial part of its activities is carrying on propaganda or attempting to influence legislation; or

(2) any part of its net earnings benefits a private shareholder or individual.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1285.

§20107 · Principal office

The principal office may be provided in the bylaws.(b) The officers

of the corporation shall be

in Kansas City, Kansas, or another place decided by the board of governors. However, the activities of the corporation are not confined to the place where the principal office is located but may be conducted throughout the States, territories, and possessions of the United States.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1285.

§20108 · Records and inspection

(a) Records.—The corporation shall keep—

(1) elected in such manner and for such terms and with such duties as may be prescribed in the bylaws of the corporation.

Pub. L. 86–680, §8, Aug. 31, 1960, 74 Stat. 575.

§979 · Distribution of income or assets to members; loans

(a) No part of the income or assets of the corporation shall inure to any of its members, governors, or officers as such, or be distributable to any of them during the life of the corporation or upon its dissolution or final liquidation. Nothing in this subsection, however, shall be construed to prevent the payment of compensation to officers and employees of the corporation in amounts approved by the board of governors of the corporation.

(b) The corporation shall not make loans to its members, governors, officers, or employees. Any governor who votes for or assents to the making of a loan or advance to a member, officer, governor or employee of the corporation, and any officer who participates in the making of such a loan or advance, shall be jointly and severally liable to the corporation for the amount of such loan until the repayment thereof.

Pub. L. 86–680, §9, Aug. 31, 1960, 74 Stat. 575.

§980 · Nonpolitical nature of corporation

The corporation and its members, governors, officers, and employees as such shall not contribute to or otherwise support or assist any political party or candidate for public office.

Pub. L. 86–680, §10, Aug. 31, 1960, 74 Stat. 576.

§981 · Liability for acts of officers and agents

The corporation shall be liable for the acts of its officers and agents when acting within the scope of their authority.

Pub. L. 86–680, §11, Aug. 31, 1960, 74 Stat. 576.

§982 · Prohibition against issuance of stock or payment of dividends

The corporation shall have no power to issue any shares of stock or to declare or pay any dividends.

Pub. L. 86–680, §12, Aug. 31, 1960, 74 Stat. 576.

§983 · Books and records; inspection

The corporation shall keep

correct and complete

records of account;(2)

books and records of account and shall keep minutes of the proceedings of its members, board of governors, and committees having any of the authority of its the board of governors; and

(3) it shall also keep at its principal office, office a record of the names and addresses of its members entitled to vote.

(b) Inspection.—A All books and records of the corporation may be inspected by any member entitled to vote, or an agent or attorney of the member, may inspect the records of the corporation his agent or attorney, for any proper purpose, at any reasonable time.

Pub. L.

105–225, Aug. 12, 1998, 112 Stat. 1286.

§20109 · Service of process

The corporation shall have a designated agent in the District of Columbia to receive service of process for the corporation. Notice to or service on the agent is notice to or service on the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1286.

§20110 · Liability for acts of officers and agents

The corporation is liable for the acts of its officers and agents acting within the scope of their authority.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1286.

§20111 86–680, §13, Aug. 31, 1960, 74 Stat. 576.

§984 · Repealed. Pub. L. 88–504, §4(34), Aug. 30, 1964, 78 Stat. 637

§985 · Use of assets on dissolution or

final liquidationOn dissolution or final liquidation liquidationUpon dissolution or final liquidation of the corporation, any assets of the corporation remaining after the discharge of all liabilities after discharge or satisfaction of all outstanding obligations and liabilities, the remaining assets, if any, of the corporation shall be distributed as provided by in accordance with the determination of the board of governors, but governors of the corporation and in compliance with the charter and

bylaws.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1286.

Chapter 202. Air Force Sergeants Association

§20201 · Definition

For purposes of this chapter, “State” includes the District of Columbia and the territories and possessions bylaws of the corporation and all Federal and State laws applicable thereto.

Pub. L. 86–680, §15, Aug. 31, 1960, 74 Stat. 577.

§986 · Duration of corporation

The duration of the corporation shall be perpetual.

Pub. L. 86–680, §16, Aug. 31, 1960, 74 Stat. 577.

§987 · Acquisition of assets and liabilities of existing corporation

The corporation may acquire the assets of the Agricultural Hall of Fame, a general not-for-profit corporation organized under the laws of the State of Missouri, upon discharging or satisfactorily providing for the payment and discharge of all of the liabilities of such corporation.

Pub. L. 86–680, §17, Aug. 31, 1960, 74 Stat. 577.

§988 · Reservation of right to amend or repeal chapter

The right to alter, amend, or repeal this chapter is expressly reserved.

Pub. L. 86–680, §18, Aug. 31, 1960, 74 Stat. 577.

Chapter 40. National Woman's Relief Corps, Auxiliary to the Grand Army of the Republic

§1001 · Corporation created

The following persons, to wit:

President: Mabel R. Ginder, Toledo, Ohio;

Senior vice president: Jessie Johnston, Cheyenne, Wyoming;

Junior vice president: Irene Randolph, Minneapolis, Minnesota;

Secretary: Bessie K. Coughlin, Providence, Rhode Island;

Treasurer: Ocie M. Tumey, Springfield, Illinois, executive officers;

Legislative committee: Laura I. Smith, chairman, 16 Temple Street, Providence, Rhode Island; Ethel Ferris Hasenbuhler, Washington, District of Columbia; and Marie Morgan, Indianapolis, Indiana;

Past national presidents: Cora M. Davis, Nehalem, Oregon; Catherine McBride Hoster, Indianapolis, Indiana; Annie Poole Atwood, Wollaston, Massachusetts; Beatrice J. Tyson, DeBary, Florida; Lizetta Coady, Detroit, Michigan; Mary J. Love, Louisville, Kentucky; Ida Heacock Baker, Parsons, Kansas; Elizabeth L. Kothe, Parkersburg, Iowa; Grace Houlette Hahn, Miami, Florida; Louise Haider, Santa Barbara, California; Anne Anschutz, Saint Louis, Missouri; Laura I. Smith, Providence, Rhode Island; Alice F. Larson, Minot, North Dakota; Grayce L. Vedetta, Brooklyn, New York; Harriette G. McCollough, Des Moines, Iowa; Eula M. Nelson, Springfield, Illinois; Daisy Heinemann, Milwaukee, Wisconsin; Grace L. Johnson, Toledo, Ohio; Ruth E. Johnson, Bellflower, California; Lucille V. Rand, Worcester, Massachusetts; Gertrude M. Edwards, Iroquois, South Dakota; Bessie K. Coughlin, Providence, Rhode Island; Elizabeth Jeans, Saint Louis, Missouri; and Josephine E. Parkhurst, Pulaski, New York, and their successors, are created and declared to be a body corporate of the District of Columbia, where its legal domicile shall be, by the name of the National Woman's Relief Corps, Auxiliary to the Grand Army of the Republic (hereafter referred to as the corporation), and by such name shall be known and have perpetual succession and the powers, limitations and restrictions herein contained.

Pub. L. 87–650, §1, Sept. 7, 1962, 76 Stat. 502.

§1002 · Completion of organization

A majority of the persons named in section 1001 of this title, acting in person or by written proxy, are authorized to complete the organization of the corporation by the selection of officers, the adoption of a constitution and bylaws not inconsistent with this chapter, and the doing of such other acts as may be necessary for such purpose.

Pub. L. 87–650, §2, Sept. 7, 1962, 76 Stat. 503.

§1003 · Purposes of corporation

The purposes of the corporation shall be: To perpetuate the memory of the Grand Army of the Republic, as we the National Woman's Relief Corps are their auxiliary and were organized at their request in 1883, and of men who saved the Union in 1861 to 1865; to assist in every practicable way in the preservation and making available for research of documents and records pertaining to the Grand Army of the Republic and its members; to cooperate in doing honor to all those who have patriotically served our country in any war; to teach patriotism and the duties of citizenship, the true history of our country, and the love and honor of our flag; to oppose every tendency or movement that would weaken loyalty to, or make for the destruction or impairment of, our constitutional Union; and to inculcate and broadly sustain the American principles of representative government, of equal rights, and of impartial justice for all.

Pub. L. 87–650, §3, Sept. 7, 1962, 76 Stat. 503.

§1004 · Powers of corporation

The corporation shall have power—

(1) to have succession by its corporate name;

(2) to sue and be sued, complain and defend in any court of competent jurisdiction;

(3) to adopt, use, and alter a corporate seal;

(4) to choose such officers, as the corporation may require;

(5) to adopt, amend, and alter a constitution and bylaws; not inconsistent with the laws

of the United

States.

Added Pub. L. 105–354, §1(4)(A), Nov. 3, 1998, 112 Stat. 3239.

§20202 · Organization

(a) Federal Charter.—Air Force Sergeants Association (in this chapter, the “corporation”), a nonprofit corporation incorporated States or any State in which the corporation is to operate, for the management of its property and the regulation of its affairs;

(6) to contract and be contracted with;

(7) to take by lease, gift, purchase, grants, devise, or bequest from any public body or agency or any private corporation, association, partnership, firm, or individual and to hold absolutely or in trust for any of the purposes of the corporation any property, real, personal, or mixed, necessary or convenient for attaining the objects and carrying into effect the purposes of the corporation, subject, however, to applicable provisions of law of any State, (A) governing the amount or kind of property which may be held by, or (B) otherwise limiting or controlling the ownership of property by, a corporation operating in such State; and

(8) to transfer, convey, lease, sublease, encumber, and otherwise alienate real, personal, or mixed property.

Pub. L. 87–650, §4, Sept. 7, 1962, 76 Stat. 503.

§1005 · Membership

Eligibility for membership in the corporation and the rights, privileges, and designation of classes of members shall, except as provided in this chapter, be determined as the constitution and bylaws of the corporation may provide. Eligibility for membership in the corporation shall be women, who are the wives, mothers, daughters, and sisters of Union soldiers, sailors, and marines and other loyal women, who have not given aid or comfort to the enemies of the United States of America.

Pub. L. 87–650, §5, Sept. 7, 1962, 76 Stat. 503.

§1006 · Governing body

The supreme governing authority of the corporation shall be the national convention thereof, composed of such officers and elected representatives from the several States as shall be provided by the rules and regulations: Provided, That the form of the government of the corporation shall always be representative of the membership at large and shall not permit the concentration of the control thereof in the hands of a limited number of members or in a self-perpetuating group not so representative. The meetings of the national convention may be held in any State or

in the District of

Columbia, is a federally chartered corporation.(b) Expiration of Charter.—If the corporation does not comply with any provision of this chapter, the charter granted Columbia.

Pub. L. 87–650, §6, Sept. 7, 1962, 76 Stat. 504.

§1007 · Governing board

(a) Executive officers

During the intervals between the national convention the executive officers shall be the governing board of the corporation and shall be held responsible for the general policies, program, and activities of the corporation.

(b) Initial officers

Upon the enactment of this chapter the membership of the initial executive officers of the corporation shall consist of the executive officers of the National Woman's Relief Corps, Auxiliary to the Grand Army of the Republic, the corporation described in section 1018 of this title, or such of them as may then be living and are qualified members of said executive officers, to wit: Mabel R. Ginder, Jessie Johnston, Irene Randolph, Bessie K. Coughlin, Ocie M. Tumey, Mary J. Love, Laura I. Smith, Ethel Ferris Hasenbuhler, and Marie Morgan.

(c) Council of administration

Thereafter, the council of administration of the corporation shall consist of not less than seven members elected in the manner and for the term as may be prescribed in the constitution and bylaws of the corporation.

Pub. L. 87–650, §7, Sept. 7, 1962, 76 Stat. 504.

§1008 · Officers

The officers of the corporation shall be a national president, senior vice national president, junior vice national president, secretary and treasurer (which latter two offices may be held by one person), and such other officers as may be prescribed in the constitution and bylaws. The officers of the corporation shall be elected in such manner and for such terms and with such duties and titles as may be prescribed in the constitution and bylaws of the corporation.

Pub. L. 87–650, §8, Sept. 7, 1962, 76 Stat. 504.

§1009 · Principal office; territorial scope of activities; agent for service of process

(a) The principal office of the corporation shall be located in Springfield, Illinois, but the activities of the corporation shall not be confined to that place, but may be conducted throughout the various States, and the District of Columbia, of the United States.

(b) The corporation shall have in the District of Columbia at all times a designated agent authorized to accept service of process, notice, or demand for the corporation, and service of such process, notice or demand required or permitted by law to be served upon the corporation may be served upon such agent. The corporation shall file with the Superintendent of Corporations of the District of Columbia a statement designating the initial and each successor registered agent of the corporation immediately following any such designation. As used in this chapter the term “Superintendent of Corporations of the District of Columbia” means the Mayor of the District of Columbia or any agent designated by him to perform the functions vested

by this chapter

expires.

Added Pub. L. 105–354, §1(4)(A), Nov. 3, 1998, 112 Stat. 3239.

§20203 · Purposes

(a) General.—The purposes of the corporation are in the Superintendent of Corporations.

Pub. L. 87–650, §9, Sept. 7, 1962, 76 Stat. 504; 1967 Reorg. Plan No. 3, §401, eff. Aug. 11, 1967, 32 F.R. 11669, 81 Stat. 951; Pub. L. 93–198, title IV, §421, Dec. 24, 1973, 87 Stat. 789.

§1010 · Distribution of income or assets to members; loans

(a) No part of the income or assets of the corporation shall inure to any of its members or officers as such, or be distributable to any of them, during the life of the corporation or upon its dissolution or final liquidation. Nothing in this subsection, however, shall be construed to prevent the payment of reasonable compensation to officers of the corporation or reimbursement for actual necessary expenses in amounts approved by the council of administration of the corporation.

(b) The corporation shall not make loans to the officers. Any member of the council of administration, who votes for or assents to the making of a loan or advance to an officer or member of the corporation, and any officer who participates in the making of such a loan or advance, shall be jointly and severally liable to the corporation for the amount of such loan until the repayment thereof.

Pub. L. 87–650, §10, Sept. 7, 1962, 76 Stat. 504.

§1011 · Nonpolitical nature of corporation

The corporation and its officers and agents as such shall not contribute to or otherwise support or assist any political party or candidate for public office.

Pub. L. 87–650, §11, Sept. 7, 1962, 76 Stat. 505.

§1012 · Liability for acts of officers and agents

The corporation shall be liable for the acts of its officers and agents when acting within the scope of their authority.

Pub. L. 87–650, §12, Sept. 7, 1962, 76 Stat. 505.

§1013 · Prohibition against issuance of stock or payment of dividends

The corporation shall have no power to issue any shares of stock or to declare or pay any dividends.

Pub. L. 87–650, §13, Sept. 7, 1962, 76 Stat. 505.

§1014 · Books and records; inspection

The corporation shall keep correct and complete books and records of account and shall keep minutes of the proceedings of its national convention. All books and records of the corporation may be inspected by any member, or his agent or attorney, for any proper purpose at any reasonable time.

Pub. L. 87–650, §14, Sept. 7, 1962, 76 Stat. 505.

§1015 · Repealed. Pub. L. 88–504, §4(35), Aug. 30, 1964, 78 Stat. 638

§1016 · Annual report

Not later than six months following the close of the fiscal year the corporation shall report to the Congress on its activities during the preceding fiscal year. Such report may consist of a report on the proceedings of the national convention covering such fiscal year. Such report shall not be printed as a public document.

Pub. L. 87–650, §16, Sept. 7, 1962, 76 Stat. 505.

§1017 · Exclusive right to name, emblems, seals, and badges

The corporation and its subordinate corps shall have the sole and exclusive right to use the name, the National Woman's Relief Corps, Auxiliary to the Grand Army of the Republic. The corporation shall have the exclusive and sole right to use, or to allow or refuse the use of, such emblems, seals, and badges as have heretofore been used by the Illinois corporation described in section 1018 of this title and the right to which may be lawfully transferred to the corporation.

Pub. L. 87–650, §17, Sept. 7, 1962, 76 Stat. 505.

§1018 · Acquisition of assets and liabilities of existing corporation

The corporation may acquire the assets of the National Woman's Relief Corps, Auxiliary to the Grand Army of the Republic, a corporation organized under the laws of the State of Illinois, upon discharging or satisfactorily providing for the payment and discharge of all the liability of such corporation and upon complying with all laws of the State of Illinois applicable thereto.

Pub. L. 87–650, §18, Sept. 7, 1962, 76 Stat. 506.

§1019 · Use of assets on dissolution or liquidation

Upon any dissolution or final liquidation of the corporation, its assets shall be applied and distributed as follows:

(a) All liabilities and obligations of the corporation shall be paid, satisfied, and discharged, or adequate provision shall be made therefor;

(b) Assets held by the corporation upon condition requiring return, transfer or conveyance, which condition occurs by reason of the dissolution, shall be returned, transferred or conveyed in accordance with such requirements;

(c) Assets received and held by the corporation subject to limitations permitting their use only for charitable, religious, eleemosynary, benevolent, educational, or similar purposes, but not held upon a condition requiring return, transfer or conveyance by reason of the dissolution, shall be transferred or conveyed to one or more domestic or foreign corporations, societies, or organizations engaged in activities of a charitable, religious, eleemosynary, benevolent, educational, or similar purpose, pursuant to a plan of distribution adopted

as provided in its bylaws and this chapter.(d) Other assets, if any, shall be distributed in accordance with the provisions of the articles of incorporation

and include—(1) helping to maintain a highly dedicated and professional corps of enlisted personnel within or the bylaws to the extent that the articles of incorporation or bylaws determine the distributive rights of members, or any class or classes of members, or provide for distribution to others;

(e) Any remaining assets may be distributed to such persons, societies, organizations or domestic or foreign corporations engaged in activities not for profit, as may be specified in a plan of distribution adopted by the council of administration of the corporation in compliance with the constitution and bylaws of the corporation and all Federal, State, and District of Columbia laws applicable thereto.

Pub. L. 87–650, §19, Sept. 7, 1962, 76 Stat. 506.

§1020 · Reservation of right to amend or repeal chapter

The right to alter, amend, or repeal this chapter is expressly reserved.

Pub. L. 87–650, §20, Sept. 7, 1962, 76 Stat. 506.

Chapter 41. Naval Sea Cadet Corps

§1041 · Corporation created

The following named persons: John J. Bergen, William J. Catlett, Junior, Morgan Fitch, George Halas, John S. Leahy, Junior, and J. Paul Marshall; members of the Navy League National Sea Cadet Committee and their associates and successors, are created and declared to be a body corporate by the name of the Naval Sea Cadet Corps (hereinafter referred to as the “corporation”) and by such name shall be known and have perpetual succession and the powers, limitations, and restrictions herein contained.

Pub. L. 87–655, §1, Sept. 10, 1962, 76 Stat. 530.

§1042 · Objects and purposes of corporation

The objects and the purposes of the corporation shall be, through organization and cooperation with the Department of the Navy, to encourage and aid American young people to develop an interest and skill in basic seamanship and in its naval adaptations, to train them in seagoing skills and to teach them patriotism, courage, self-reliance, and kindred virtues.

Pub. L. 87–655, §2, Sept. 10, 1962, 76 Stat. 531; Pub. L. 93–504, Nov. 29, 1974, 88 Stat. 1575.

§1043 · Completion of organization

The persons named in section 1041 of this title, their associates and successors are hereby authorized to complete the organization of the corporation by the selection of officers, the adoption of a constitution and bylaws, the promulgation of rules or regulations that may be necessary for the accomplishment of the purposes of this corporation, and the doing of such other acts as may be necessary for such purposes.

Pub. L. 87–655, §3, Sept. 10, 1962, 76 Stat. 531.

§1044 · Powers of corporation

The corporation shall have power—

(1) to have succession by its corporate name;

(2) to sue and be sued, complain and defend in any court of competent jurisdiction;

(3) to adopt, use, and alter a corporate seal;

(4) to choose such officers, managers, agents, and employees as the business of the corporation may require;

(5) to adopt, amend, and alter a constitution and bylaws, not inconsistent with the laws of

the United States Air Force, including the or any State in which the corporation is to operate, for the management of its property and the regulation of its affairs;

(6) to contract and be contracted with;

(7) to take by lease, gift, purchase, grant, devise, or bequest from any private corporation, association, partnership, firm or individual and to hold any property, real, personal or mixed, necessary or convenient for attaining the objects and carrying into effect the purposes of the corporation, subject, however, to applicable provisions of law of any State (A) governing the amount or kind of property which may be held by or (B) otherwise limiting or controlling the ownership of property by, a corporation operating in such State;

(8) to transfer, convey, lease, sublease, encumber and otherwise alienate real, personal, or mixed property; and

(9) to borrow money for the purposes of the corporation, issue bonds therefor, and secure the same by mortgage, deed of trust, pledge or otherwise, subject in every case to all applicable provisions of Federal and State laws.

Pub. L. 87–655, §4, Sept. 10, 1962, 76 Stat. 531.

§1045 · Principal office; territorial scope of activities; agent for service of process

(a) The principal office of the corporation shall be located in Tacoma, Washington, or in such other place as may be later determined by the board of directors, but the activities of the corporation shall not be confined to that place, but may be conducted throughout the various States, territories, and possessions of the United States.

(b) The corporation shall have in the District of Columbia at all times a designated agent authorized to accept service of process for the corporation; and notice to or service upon such agent, or mailed to the business address of such agent, shall be deemed notice to or service upon the corporation.

Pub. L. 87–655, §5, Sept. 10, 1962, 76 Stat. 531.

§1046 · Membership

Eligibility for membership in the corporation and the rights, privileges, and designation of classes of members shall, except as provided in this chapter, be determined as the constitution and bylaws of the corporation may provide.

Pub. L. 87–655, §6, Sept. 10, 1962, 76 Stat. 532.

§1047 · Governing body

(a) Composition

Upon the enactment of this chapter and for not more than one year thereafter, the membership of the initial board of directors of the corporation shall consist of the present members of the board of directors of the Sea Cadet Corps of America, the corporation described in section 1057 of this title, or such of them as may then be living and are qualified members of said board of directors, to wit: John J. Bergen, William J. Catlett, Junior, Morgan Fitch, George Halas, John S. Leahy, Junior, and J. Paull Marshall.

(b) Tenure

Thereafter, the board of directors of the corporation shall consist of such number (not less than ten and not more than twenty-five), shall be selected in such manner (including the filling of vacancies), and shall serve for such term as may be prescribed in the constitution and bylaws of the corporation.

(c) Duties

The board of directors shall be the governing board of the corporation, and shall be responsible for the general policies and program of the corporation and for the control of all funds of the corporation.

Pub. L. 87–655, §7, Sept. 10, 1962, 76 Stat. 532.

§1048 · Officers

(a) The officers of the corporation shall be a president, one or more vice presidents (as may be prescribed in the constitution and bylaws of the corporation), a secretary, and a treasurer, and such other officers as may be provided in the constitution and bylaws.

(b) The officers of the corporation shall be elected in such manner and for such terms and with such duties as may be prescribed in the constitution and bylaws of the corporation.

Pub. L. 87–655, §8, Sept. 10, 1962, 76 Stat. 532.

§1049 · Distribution of income or assets to members; loans

(a) No part of the income or assets of the corporation shall inure to any of its members, directors, or officers as such, or be distributable to any of them during the life of the corporation or upon its dissolution or final liquidation. Nothing in this subsection, however, shall be construed to prevent the payment of compensation to officers of the corporation in amounts approved by the board of directors of the corporation.

(b) The corporation shall not make loans to its officers, directors, or employees. Any director who votes for or assents to the making of a loan or advance to an officer, director, or employee of the corporation, and any officer who participates in the making of such a loan or advance, shall be jointly and severally liable to the corporation for the amount of such loan until the repayment thereof.

Pub. L. 87–655, §9, Sept. 10, 1962, 76 Stat. 532.

§1050 · Nonpolitical nature of corporation

The corporation, and its officers and directors as such, shall not contribute to or otherwise support or assist any political party or candidate for public office.

Pub. L. 87–655, §10, Sept. 10, 1962, 76 Stat. 532.

§1051 · Liability for acts of officers and agents

The corporation shall be liable for the acts of its officers and agents when acting within the scope of their authority.

Pub. L. 87–655, §11, Sept. 10, 1962, 76 Stat. 533.

§1052 · Prohibition against issuance of stock or payment of dividends

The corporation shall have no power to issue any shares of stock or to declare or pay any dividends.

Pub. L. 87–655, §12, Sept. 10, 1962, 76 Stat. 533.

§1053 · Books and records; inspection

The corporation shall keep correct and complete books and records of account and shall keep minutes of the proceedings of its members, board of directors, and committees having any authority under the board of directors, and it shall also keep at its principal office a record of the names and addresses of its members entitled to vote. All books and records of the corporation may be inspected by any member entitled to vote, or his agent or attorney, for any proper purpose, at any reasonable time.

Pub. L. 87–655, §13, Sept. 10, 1962, 76 Stat. 533.

§1054 · Repealed. Pub. L. 88–504, §4(36), Aug. 30, 1964, 78 Stat. 638

§1055 · Use of assets on dissolution or liquidation

Upon dissolution or final liquidation of the corporation, after discharge or satisfaction of all outstanding obligations and liabilities, the remaining assets, if any, of the corporation shall be distributed in accordance with the determination of the board of directors of the corporation and in compliance with the constitution and bylaws of the corporation and all Federal and State laws applicable thereto.

Pub. L. 87–655, §15, Sept. 10, 1962, 76 Stat. 533.

§1056 · Exclusive right to name, emblems, seals, and badges

The corporation shall have the sole and exclusive right to the name “Naval Sea Cadet Corps” and to have and to use in carrying out its purposes, distinctive insignia, emblems and badges, descriptive or designating marks, and words or phrases, as may be required in the furtherance of its functions. No powers or privileges granted shall, however, interfere or conflict with established or vested rights.

Pub. L. 87–655, §16, Sept. 10, 1962, 76 Stat. 533.

§1057 · Acquisition of assets and liabilities of existing corporation

The corporation may acquire the assets of the Sea Cadet Corps of America, a corporation organized under the laws of the State of Washington, upon discharging or satisfactorily providing for the payment and discharge of all of the liability of such corporation and upon complying with all laws of the State of Washington applicable thereto.

Pub. L. 87–655, §17, Sept. 10, 1962, 76 Stat. 534.

§1058 · Annual report

The corporation shall report annually to the Secretary of the Navy concerning its proceedings and activities for the preceding calendar years. The Secretary of the Navy shall communicate to Congress the whole of such reports, or such portion thereof as he shall see fit.

Pub. L. 87–655, §18, Sept. 10, 1962, 76 Stat. 534.

§1059 · Reservation of right to amend or repeal chapter

The right to alter, amend, or repeal this chapter is expressly reserved.

Pub. L. 87–655, §19, Sept. 10, 1962, 76 Stat. 534.

Chapter 41a. Little League Baseball, Inc.

§1071 · Corporation created

James E. Axeman, Williamsport, Pennsylvania; Colonel Theodore P. Bank, Chicago, Illinois; Nicholas C. Colombo, Galveston, Texas; John K. Conneen, Bethlehem, Pennsylvania; Yale A. Corcoron, Chicago, Illinois; Doctor Arthur A. Esslinger, Eugene, Oregon; Merrill Martin Galloway, West Columbia, Texas; George H. Harding, Lebanon, Tennessee; Edward B. Johnson, Port Chester, New York; G. Herbert McCracken, New York, New York; Peter J. McGovern, Chairman, Williamsport, Pennsylvania; Frank J. McGrath, Scarsdale, New York; Doctor Elmon L. Vernier, Baltimore, Maryland; Milton F. Ziehn, Sacramento, California; and their successors, are created and declared to be a body corporate by the name of the Little League Baseball, Incorporated (hereinafter called the corporation), and by such name shall be known and have perpetual succession and the powers and limitations contained in this chapter.

Pub. L. 88–378, §1, July 16, 1964, 78 Stat. 325.

§1072 · Completion of organization

The persons named in section 1071 of this title are authorized to complete the organization of the corporation by the selection of officers and employees, the adoption of a constitution and bylaws, not inconsistent with this chapter, and the doing of such other acts as may be necessary for such purpose.

Pub. L. 88–378, §2, July 16, 1964, 78 Stat. 325.

§1073 · Objects and purposes of corporation

The objects and purposes of the corporation shall be—

(1) To promote, develop, supervise, and voluntarily assist in all lawful ways the interest of young people who will participate in Little League baseball.

(2) To help and voluntarily assist young people in developing qualities of citizenship and sportsmanship.

(3) Using the disciplines of the native American game of baseball, to teach spirit and competitive will to win, physical fitness through individual sacrifice, the values of teamplay and wholesome wellbeing through healthful and social association with other youngsters under proper leadership.

Pub. L. 88–378, §3, July 16, 1964, 78 Stat. 325; Pub. L. 93–551, Dec. 26, 1974, 88 Stat. 1744.

§1074 · Powers of corporation

The corporation shall have power—

(1) to sue and be sued, complain, and defend in any court of competent jurisdiction;

(2) to adopt, alter, and use a corporate seal;

(3) to choose such officers, directors, trustees, managers, agents, and employees as the business of the corporation may require;

(4) to adopt, amend, and alter a constitution and bylaws, not inconsistent with the laws of the United States or any State in which the corporation is to operate, for the management of its property and the regulation of its affairs;

(5) to contract and be contracted with;

(6) to charge and collect membership dues, subscription fees, and receive contributions or grants of money or property to be devoted to the carrying out of its purposes;

(7) to take and hold by lease, gift, purchase, grant, devise, bequest or otherwise any property, real or personal, necessary for attaining the objects and carrying into effect the purposes of the corporation, subject to applicable provisions of law in any State (A) governing the amount or kind of real and personal property which may be held by, or (B) otherwise limiting or controlling the ownership of real or personal property by a corporation operating in such State;

(8) to transfer, encumber, and convey real or personal property;

(9) to borrow money for the purposes of the corporation, issue bonds therefor, and secure the same by mortgage, subject to all applicable provisions of Federal or State law;

(10) to adopt, alter, use, and display such emblems, seals, and badges as it may adopt; and

(11) to do any and all lawful acts and things necessary or desirable in carrying out the objects and purposes of the corporation.

Pub. L. 88–378, §4, July 16, 1964, 78 Stat. 325.

§1075 · Principal office; territorial scope of activities; agent for service of process

(a) The principal office of the corporation shall be located in Williamsport, Pennsylvania, or in such other place as may later be determined by the board of directors, but the activities of the corporation shall not be confined to that place and may be conducted throughout the various States, the Commonwealth of Puerto Rico, and the possessions of the United States, and in other areas throughout the world.

(b) The corporation shall maintain at all times in the District of Columbia a designated agent authorized to accept service of process for the corporation, and notice to or service upon such agent, or mailed to the business address of such agent, shall be deemed notice to or service upon the corporation.

Pub. L. 88–378, §5, July 16, 1964, 78 Stat. 326.

§1076 · Membership; voting rights

(a) Eligibility for membership in the corporation and the rights and privileges of members shall, except as provided in this chapter, be determined as the constitution and bylaws of the corporation may provide.

(b) Each member of the corporation, other than honorary and associate members, shall have the right to one vote on each matter submitted to a vote at all meetings of the members of the corporation.

Pub. L. 88–378, §6, July 16, 1964, 78 Stat. 326.

§1077 · Board of directors

(a) Composition of initial board

Upon enactment of this chapter the membership of the initial board of directors of the corporation shall consist of the members of the board of directors of the corporation referred to in section 1087 of this title.

(b) Composition of subsequent boards; tenure

Thereafter, the board of directors of the corporation shall consist of such number (not less than 13), shall be selected in such manner (including the filling of vacancies), and shall serve for such term as may be prescribed in the constitution and bylaws of the corporation.

(c) Governing period; duties

The board of directors shall be the governing board of the corporation and shall, during the intervals between corporation meetings, be responsible for the general policies and program of the corporation. The board shall be responsible for the control of all funds of the corporation.

Pub. L. 88–378, §7, July 16, 1964, 78 Stat. 326.

§1078 · Officers

(a) The officers of the corporation shall be a chairman of the board of directors, a president, a vice president, and a secretary-treasurer. The duties of the officers shall be as prescribed in the constitution and bylaws of the corporation.

(b) Officers shall be elected annually at the annual meeting of the corporation.

Pub. L. 88–378, §8, July 16, 1964, 78 Stat. 326.

§1079 · Distribution of income or assets to members; loans

(a) No part of the income or assets of the corporation shall inure to any member, officer, or director, or be distributable to any such person during the life of the corporation or upon dissolution or final liquidation. Nothing in this subsection, however, shall be construed to prevent the payment of reasonable compensation to officers of the corporation in amounts approved by the board of directors of the corporation.

(b) The corporation shall not make loans to its officers, directors, or employees. Any director who votes for or assents to the making of a loan to an officer, director, or employee of the corporation, and any officer who participates in the making of such loan, shall be jointly and severally liable to the corporation for the amount of such loan until the repayment thereof.

Pub. L. 88–378, §9, July 16, 1964, 78 Stat. 327.

§1080 · Nonpolitical nature of corporation

The corporation, and its officers, directors, and duly appointed agents as such, shall not contribute to or otherwise support or assist any political party or candidate for office.

Pub. L. 88–378, §10, July 16, 1964, 78 Stat. 327.

§1081 · Liability for acts of officers and agents

The corporation shall be liable for the acts of its officers and agents when acting within the scope of their authority.

Pub. L. 88–378, §11, July 16, 1964, 78 Stat. 327.

§1082 · Prohibition against issuance of stock or payment of dividends

The corporation shall have no power to issue any shares of stock nor to declare nor pay any dividends.

Pub. L. 88–378, §12, July 16, 1964, 78 Stat. 327.

§1083 · Books and records; inspection

The corporation shall keep correct and complete books and records of account and shall keep minutes of the proceedings of its members, board of directors, and committees having authority under the board of directors, and it shall also keep at its principal office a record of the names and addresses of its members entitled to vote. All books and records of the corporation may be inspected by any member entitled to vote, or his agent or attorney, for any proper purpose, at any reasonable time.

Pub. L. 88–378, §13, July 16, 1964, 78 Stat. 327.

§1084 · Audit of financial transactions

(a) The accounts of the corporation shall be audited annually in accordance with generally accepted auditing standards by independent certified public accountants or independent licensed public accountants, certified or licensed by a regulatory authority of a State or other political subdivision of the United States. The audit shall be conducted at the place or places where the accounts of the corporation are normally kept. All books, accounts, financial records, reports, files, and all other papers, things, or property belonging to or in use by the corporation and necessary to facilitate the audit shall be made available to the person or persons conducting the audit; and full facilities for verifying transactions with the balances or securities held by depositories, fiscal agents, and custodians shall be afforded to such person or persons.

(b) A report of such audit shall be made by the corporation to the Congress not later than six months following the close of the fiscal year for which the audit is made. The report shall set forth the scope of the audit and include such statements, together with the independent auditor's opinion of those statements, as are necessary to present fairly the corporation's assets and liabilities, surplus or deficit with an analysis of the changes therein during the year, supplemented in reasonable detail by a statement of the corporation's income and expenses during the year including (1) the results of any trading, manufacturing, publishing, or other commercial-type endeavor carried on by the corporation, and (2) a schedule of all contracts requiring payments in excess of $10,000 and any payments of compensation, salaries, or fees at a rate in excess of $10,000 per annum. The report shall not be printed as a public document.

Pub. L. 88–378, §14, July 16, 1964, 78 Stat. 327.

§1085 · Use of assets on dissolution or liquidation

Upon final dissolution or liquidation of the corporation, and after discharge or satisfaction of all outstanding obligations and liabilities, the remaining assets of the corporation may be distributed in accordance with the determination of the board of directors of the corporation and in compliance with the constitution and bylaws of the corporation and all Federal and State laws applicable thereto. Such distribution shall be consistent with the purposes of the corporation.

Pub. L. 88–378, §15, July 16, 1964, 78 Stat. 328.

§1086 · Exclusive right to name, emblems, seals, and badges

The corporation shall have the sole and exclusive right to use and to allow or refuse to others the use of the terms “Little League,” “Little Leaguer,” and the official Little League emblem or any colorable simulation thereof. No powers or privileges hereby granted shall, however, interfere or conflict with established or vested rights.

Pub. L. 88–378, §16, July 16, 1964, 78 Stat. 328.

§1087 · Acquisition of assets and liabilities of existing corporation

The corporation may acquire the assets of the Little League Baseball, Incorporated, chartered in the State of New York, upon discharging or satisfactorily providing for the payment and discharge of all of the liability of such corporation and upon complying with all laws of the State of New York applicable thereto.

Pub. L. 88–378, §17, July 16, 1964, 78 Stat. 328.

§1088 · Reservation of right to amend or repeal chapter

The right to alter, amend, or repeal this chapter is expressly reserved.

Pub. L. 88–378, §18, July 16, 1964, 78 Stat. 328.

Chapter 42. Audits of Federally Chartered Corporations

§1101 · “Private corporations established under Federal law” defined

The term “private corporations established under Federal law” as used in this chapter means the following organizations:

(1) Agricultural Hall of Fame.

(2) American Chemical Society.

(3) American Historical Association.

(4) The American Legion.

(5) The American National Theater and Academy.

(6) American Society of International Law.

(7) American Symphony Orchestra League.

(8) American War Mothers.

(9) AMVETS (American Veterans of World War II).

(10) Belleau Wood Memorial Association.

(11) Big Brothers—Big Sisters of America.

(12) Blinded Veterans Association.

(13) Blue Star Mothers of America.

(14) Board for Fundamental Education.

(15) Boy Scouts of America.

(16) Boys & Girls Clubs of America.

(17) Civil Air Patrol.

(18) Conference of State Societies, Washington, District of Columbia.

(19) The Congressional Medal of Honor Society of the United States of America.

(20) Daughters of the American Revolution.

(21) Disabled American Veterans.

(22) The Foundation of the Federal Bar Association.

(23) Future Farmers of America.

(24) Girl Scouts of America.

(25) Grand Army of the Republic.

(26) Jewish War Veterans, U.S.A., National Memorial, Inc.

(27) Ladies of the Grand Army of the Republic.

(28) Legion of Valor of the United States of America, Incorporated.

(29) Marine Corps League.

(30) Military Chaplains Association of the United States of America.

(31) Military Order of the Purple Heart of the United States of America.

(32) National Academy of Sciences.

(33) National Conference on Citizenship.

(34) National Fund for Medical Education.

(35) National Music Council.

(36) National Safety Council.

(37) National Woman's Relief Corps, Auxiliary to the Grand Army of the Republic.

(38) The National Yeomen F.

(39) Naval Sea Cadet Corps.

(40) Navy Club of the United States of America.

(41) Reserve Officers Association.

(42) Sons of the American Revolution.

(43) Sons of Union Veterans of the Civil War.

(44) United Spanish War Veterans.

(45) United States Blind Veterans of World War I.

(46) United States Olympic Association.

(47) Veterans of Foreign Wars of the United States.

(48) Veterans of World War I of the United States of America.

(49) General Federation of Women's Clubs.

(50) United Service Organizations.

(51) National Ski Patrol System, Incorporated.

(52) Gold Star Wives of America.

(53) National Federation of Music Clubs.

(54) Italian American War Veterans of the United States.

(55) United States Submarine Veterans of World War II.

(56) American Council of Learned Societies.

(57) American Ex-Prisoners of War.

(58) Polish Legion of American Veterans, U.S.A.

(59) Former Members of Congress.

(60) Catholic War Veterans of the United States of America, Incorporated.

(61) National Academy of Public Administration.

(62) Jewish War Veterans of the United States of America.

(63) American Gold Star Mothers, Incorporated.

(64) Women's Army Corps Veterans’ Association.

(65) 369th Veterans’ Association.

(66) National Society, Daughters of the American Colonists.

(67) Navy Wives Clubs of America.

(68) Army and Navy Union of the United States of America.

(69) Pearl Harbor Survivors Association.

(70) Daughters of Union Veterans of the Civil War 1861–1865.

(72) 

(60) 

(74) 

(75) The Military Order of the World Wars.

(76) The Retired Enlisted Association, Incorporated.

(77) The National Natural Resources Conservation Foundation.

(78) Fleet Reserve Association.

(79) Air Force Sergeants Association.

Pub. L. 88–504, §1, Aug. 30, 1964, 78 Stat. 635; Pub. L. 94–151, §2, Dec. 15, 1975, 89 Stat. 809; Pub. L. 95–167, §2, Nov. 11, 1977, 91 Stat. 1348; Pub. L. 96–165, §9(g), Dec. 29, 1979, 93 Stat. 1272; Pub. L. 96–489, §11, Dec. 2, 1980, 94 Stat. 2554; Pub. L. 96–497, §11, Dec. 4, 1980, 94 Stat. 2596; Pub. L. 97–82, §11, Nov. 20, 1981, 95 Stat. 1093; Pub. L. 97–83, §11, Nov. 20, 1981, 95 Stat. 1095; Pub. L. 97–192, §11, June 1, 1982, 96 Stat. 110; Pub. L. 97–231, §11, Aug. 9, 1982, 96 Stat. 257; Pub. L. 97–234, §11, Aug. 10, 1982, 96 Stat. 263; Pub. L. 97–427, §11, Jan. 8, 1983, 96 Stat. 2266; Pub. L. 98–257, §11, Apr. 10, 1984, 98 Stat. 128; Pub. L. 98–314, §11, June 12, 1984, 98 Stat. 239; Pub. L. 98–372, §11, July 23, 1984, 98 Stat. 1240; Pub. L. 98–382, §11, Aug. 17, 1984, 98 Stat. 1345; Pub. L. 98–391, §11, Aug. 21, 1984, 98 Stat. 1360; Pub. L. 98–520, §11, Oct. 19, 1984, 98 Stat. 2429; Pub. L. 98–561, §12, Oct. 30, 1984, 98 Stat. 2912; Pub. L. 98–565, §11, Oct. 30, 1984, 98 Stat. 2921; Pub. L. 98–584, §11, Oct. 30, 1984, 98 Stat. 3098; Pub. L. 99–119, §11, Oct. 7, 1985, 99 Stat. 500; Pub. L. 99–172, §11, Dec. 9, 1985, 99 Stat. 1022; Pub. L. 99–318, §12, May 23, 1986, 100 Stat. 476; Pub. L. 99–604, §11, Nov. 6, 1986, 100 Stat. 3448; Pub. L. 100–281, §12, Apr. 6, 1988, 102 Stat. 75; Pub. L. 100–655, title I, §111, Nov. 14, 1988, 102 Stat. 3851; Pub. L. 101–510, div. A, title XVI, §1611, Nov. 5, 1990, 104 Stat. 1738; Pub. L. 102–199, §2, Dec. 10, 1991, 105 Stat. 1629; Pub. L. 102–484, div. A, title XVIII, §§1812, 1832, Oct. 23, 1992, 106 Stat. 2583, 2585; Pub. L. 104–127, title III, §358(a)(2), Apr. 4, 1996, 110 Stat. 1014; Pub. L. 104–201, div. A, title XVIII, §1811, Sept. 23, 1996, 110 Stat. 2762; Pub. L. 105–85, div. A, title XV, §1511, Nov. 18, 1997, 111 Stat. 1965.

§1102 · Audit of accounts; annual audit; independent audit; places of audit; availability of books, records, and other papers, things, or property; facilities for verification of transactions

The accounts of private corporations established under Federal law shall be audited annually in accordance with generally accepted auditing standards by independent certified public accountants, certified or licensed by a regulatory authority of a State or other political subdivision of the United States. The audits shall be conducted at the place or places where the accounts of the corporations are normally kept. All books, accounts, financial records, reports, files, and all other papers, things, or property belonging to or in use by the corporations and necessary to facilitate the audits shall be made available to the person or persons conducting the audits; and full facilities for verifying transactions with the balances or securities held by depositories, fiscal agents, and custodians shall be afforded to such person or persons.

Pub. L. 88–504, §2, Aug. 30, 1964, 78 Stat. 636.

§1103 · Reports to Congress; time for submission; contents; scope of audit, financial statements, and auditor's opinion; public printing

The report of each such independent audit shall be submitted to the Congress not later than six months following the close of the fiscal year for which the audit was made. The report shall set forth the scope of the audit and include such statements as are necessary to present fairly the corporation's assets and liabilities, surplus or deficit with an analysis of the changes therein during the year, supplemented in reasonable detail by a statement of the corporation's income and expenses during the year including the results of any trading, manufacturing, publishing, or other commercial-type endeavor carried on by the corporation, together with the independent auditor's opinion of those statements. The report shall not be printed as a public document, except as part of proceedings authorized to be printed under section 1332 of title 44.

Pub. L. 88–504, §3, Aug. 30, 1964, 78 Stat. 636.

Chapter 43. Paralyzed Veterans of America

§1151 · Corporation created

The following persons, to wit: Burton Little, Chickasaw, Alabama; Tom Goggin, Phoenix, Arizona; Leonard Chrysler, Los Altos, California; Wayne L. Capson, Garden Grove, California; George Boschet, Silver Spring, Maryland; Robert Classon, New York, New York; Edward G. Maxwell, Miami, Florida; Claude C. Beckham, Irmo, South Carolina; Benny Tschetter, Sioux Falls, South Dakota; Frederick T. Gill, Valley Station, Kentucky; Lee M. Gresham, Wixom, Michigan; Conrad M. Standinger, Memphis, Tennessee; Curley Gullet, Denver, Colorado; Charles Swartz, Marblehead, Massachusetts; Bolivar Rivera, Rio Piedras, Puerto Rico; James Schwiem, Pasadena, Texas; Robert T. Kiggins, Pittsburgh, Pennsylvania; Glenn E. Mayer, Hines, Illinois; John Novak, Richmond, Virginia; and such other persons as are members of the Paralyzed Veterans of America, and their associates and successors, are hereby created and declared to be a body corporate by the name of Paralyzed Veterans of America (hereinafter referred to as the “corporation”).

Pub. L. 92–93, §1, Aug. 11, 1971, 85 Stat. 317.

§1152 · Completion of organization

The persons named in section 1151 of this title, or their successors, are hereby authorized to complete the organization of the corporation by the selection of officers, the adoption of a constitution and bylaws, and the doing of such other acts as may be necessary for such purpose.

Pub. L. 92–93, §2, Aug. 11, 1971, 85 Stat. 317.

§1153 · Objects and purposes of corporation

The objects and purposes of the corporation shall be—

(a) to preserve the great and basic truths and enduring principles upon which this Nation was founded;

(b) to form a national association for the benefit of persons who have suffered injuries or diseases of the spinal cord;

(c) to acquaint the public with the needs and problems of paraplegics;

(d) to promote medical research in the several fields connected with injuries and diseases of the spinal cord, including research in neurosurgery and orthopedics and in genitourinary and orthopedic appliances; and

(e) to advocate and foster complete and effective reconditioning programs for paraplegics, including a thorough physical reconditioning program, physiotherapy, competent walking instructions, adequate guidance (both vocational and educational), academic and vocational education (both in hospitals and in educational institutions), psychological orientation and readjustment to family and friends, and occupational therapy (both functional and diversional).

Pub. L. 92–93, §3, Aug. 11, 1971, 85 Stat. 317.

§1154 · Powers of corporation

The corporation shall have perpetual succession and shall have power—

(a) to sue and be sued;

(b) to acquire, hold, and dispose of such real and personal property as may be necessary to carry out the corporate purposes;

(c) to make and enter into contracts;

(d) to accept gifts, legacies, and devises which will further the corporate purposes;

(e) to borrow money for the purposes of the corporation, issue bonds therefor, and secure the same by mortgage, subject in every case to all applicable provisions of Federal and State law;

(f) to adopt and alter a corporate seal;

(g) to establish, regulate, and discontinue subordinate State and regional organizations and local chapters or posts;

(h) to choose such officers, representatives, and agents as may be necessary to carry out the corporate purposes;

(i) to establish and maintain offices for the conduct of the affairs of the corporation;

(j) to adopt and alter a constitution and bylaws not inconsistent with law;

(k) to publish a newspaper, magazine, or other publications;

(l) to adopt and alter emblems and badges; and

(m) to do any and all acts and things necessary and proper to accomplish the objects and purposes of the corporation.

Pub. L. 92–93, §4, Aug. 11, 1971, 85 Stat. 317.

§1155 · Prohibition against issuance of stock or business activities

The corporation shall have no power to issue capital stock or engage in business for pecuniary profit or gain.

Pub. L. 92–93, §5, Aug. 11, 1971, 85 Stat. 318.

§1156 · Nonpolitical nature of corporation

The corporation shall be nonpolitical and, as an organization, shall not furnish financial aid to, or otherwise promote the candidacy of, any person seeking public office.

Pub. L. 92–93, §6, Aug. 11, 1971, 85 Stat. 318.

§1157 · Membership

Any American citizen shall be eligible for membership in the corporation who was regularly enlisted, inducted, or commissioned, and who was accepted for, or was on, active duty in the Army, Navy, Marine Corps, Air Force, or Coast Guard of the United States, or our allies. Service with the Armed Forces must have been terminated by discharge or separation from service under conditions other than dishonorable: Provided, however, That persons otherwise eligible for membership who are on active duty or who must continue to serve after the cessation of hostilities are also eligible for membership: And, provided further, That membership shall be limited to such persons as have suffered spinal cord injuries or diseases whether service connected or nonservice connected in origin.

Pub. L. 92–93, §7, Aug. 11, 1971, 85 Stat. 318.

§1158 · Principal office; territorial scope of activities

The headquarters and principal place of business of said corporation shall be located in the District of Columbia, but the activities of said organization, as set out herein, shall not be confined to said city, but shall be conducted throughout the several States and any territory or possession of the United States.

Pub. L. 92–93, §8, Aug. 11, 1971, 85 Stat. 318.

§1159 · Use of assets on dissolution or liquidation

In the event of a final dissolution or liquidation of such corporation, and after the discharge or satisfactory provisions for the discharge of all its liabilities, the remaining assets of the said corporation shall be transferred to the Department of Veterans Affairs to be applied to the care and comfort of paralyzed veterans.

Pub. L. 92–93, §9, Aug. 11, 1971, 85 Stat. 318; Pub. L. 102–54, §13(n)(5), June 13, 1991, 105 Stat. 278.

§1160 · Exclusive right to name, emblems, seals, and badges

The corporation and its State and regional organizations and local chapters or posts shall have the sole and exclusive right to have and use in carrying out its purposes the name “Paralyzed Veterans of America,” and such seals, emblems, and badges as the corporation may lawfully adopt.

Pub. L. 92–93, §10, Aug. 11, 1971, 85 Stat. 318.

§1161 · Books and records; inspection

The corporation shall keep correct and complete books and records of account and shall also keep minutes of the proceedings of its members, executive committee, and committee, having any of the authority of the executive committee; and shall keep at its registered office or principal office a record giving the names and addresses of its members entitled to vote; and permit all books and records of the corporation to be inspected by any member or his agent or his attorney for any proper purpose at any reasonable time.

Pub. L. 92–93, §11, Aug. 11, 1971, 85 Stat. 318.

§1162 · Agents for service of process

As a condition precedent to the exercise of any power or privilege herein granted or conferred, the corporation shall file in the office of the Secretary of each State or of any territory or possession of the United States, in which organizations, chapters, or posts may be organized, the name and post office address of an authorized agent upon whom local process or demands against the corporation may be served.

Pub. L. 92–93, §12, Aug. 11, 1971, 85 Stat. 318.

§1163 · Extension of privileges and rights granted under other laws

Such provisions, privileges, and prerogatives as have been granted heretofore to other national veterans’ organizations by virtue of their being incorporated by Congress are hereby granted and accrue to the Paralyzed Veterans of America.

Pub. L. 92–93, §13, Aug. 11, 1971, 85 Stat. 319.

§1164 · Distribution of income or assets to members; loans

(a) No part of the income or assets of the corporation shall inure to any member, director, officer, or employee of the corporation or be distributable to any person during the life of the corporation or upon its dissolution or final liquidation. Nothing in this subsection, however, shall be construed to prevent the payment of reasonable compensation to officers and employees of the corporation or to prevent their reimbursement for actual necessary expenses in amounts approved by the corporation's board of directors.

(b) The corporation shall not make loans to its members, officers, directors, or employees. Any director who votes for or assents to the making of such a loan, and any officer who participates in the making of such a loan, shall be jointly and severally liable to the corporation for the amount of such loan until the repayment thereof.

Pub. L. 92–93, §14, Aug. 11, 1971, 85 Stat. 319.

§1165 · Liability for acts of officers and agents

The corporation shall be liable for the acts of its officers and agents when acting within the scope of their authority.

Pub. L. 92–93, §15, Aug. 11, 1971, 85 Stat. 319.

§1166 · Audit of financial transactions

The provisions of sections 1102 and 1103 of this title shall apply with respect to the corporation.

Pub. L. 92–93, §16, Aug. 11, 1971, 85 Stat. 319.

§1167 · Reservation of right to amend or repeal chapter

The right to alter, amend, or repeal this chapter is hereby expressly reserved.

Pub. L. 92–93, §17, Aug. 11, 1971, 85 Stat. 319.

Chapter 44. United States Capitol Historical Society

§1201 · Corporation created

The following persons:

Honorable Fred Schwengel, Washington, District of Columbia;

Honorable Marguerite Stitt Church, Evanston, Illinois;

Doctor Melvin M. Payne, Washington, District of Columbia;

Carl Haverlin, Northridge, California;

Doctor Walter Rundell, College Park, Maryland;

Victor M. Birely, Washington, District of Columbia;

Arthur B. Hanson, Esquire, Washington, District of Columbia;

Mrs. Adlai Stevenson III, Hanover, Illinois;

Mrs. Florian Thayn, Washington, District of Columbia;

and their successors are hereby created and declared to be a body corporate of the District of Columbia having the name “United States Capitol Historical Society” (hereinafter the

Pub. L. 95–493, §1, Oct. 20, 1978, 92 Stat. 1643.

§1202 · Completion of organization

The persons named in section 1201 of this title are authorized to complete the organization of the corporation by the selection of officers and employees, the adoption of a constitution and bylaws, not inconsistent with this chapter, and the doing of such other acts as may be necessary to carry out the provisions of this chapter.

Pub. L. 95–493, §2, Oct. 20, 1978, 92 Stat. 1643.

§1203 · Objects and purposes of corporation

The objects and purposes of the corporation shall be—

(a) to encourage in the most comprehensive and enlightened manner an understanding by the American people of the founding, growth, and significance of the Capitol of the United States of America as the tangible symbol of their representative form of government;

(b) to undertake research into the history of the Congress and the Capitol and to promote the discussion, publication, and dissemination of the results of such studies;

(c) to foster and increase an informed patriotism of the land in the study of this living memorial to the founders of this Nation and the continuing thread of principles as exemplified by their successors; and

(d) to mutually cooperate with the standing committees of the Congress, the Library of Congress, the Architect of the Capitol, and relevant departments and agencies of the executive branch of the Federal Government in furthering the objectives of the corporation.

Pub. L. 95–493, §3, Oct. 20, 1978, 92 Stat. 1643.

§1204 · Powers of corporation

The corporation shall have the power—

(a) to sue and be sued, complain, and defend in any court of competent jurisdiction;

(b) to adopt, alter, and use a corporate seal;

(c) to choose officers, managers, and agents as the business of the corporation may require;

(d) to charge and collect membership dues;

(e) to adopt, amend, apply, and alter a constitution and bylaws not inconsistent with the laws of the United States of America or any State in which the corporation is to operate, for the management of its property and the regulation of its affairs;

(f) to contract and be contracted with;

(g) to take hold by lease, gift, purchase, grant, devise, bequest, or otherwise any property, real, personal, or mixed, necessary or convenient for attaining the objects of the corporation, subject, however, to applicable provisions of law of any State (1) governing the amount or kind of real and personal property which may be held by, or (2) otherwise limiting or controlling the ownership or 

(h) to transfer, lease, or convey real or personal property;

(i) to borrow money for the purposes of the corporation and issue bonds or other evidences of indebtedness therefor and secure the same mortgage or pledge subject to applicable Federal or State laws;

(j) to conduct campaigns for raising of funds and to accept contributions from individuals, corporations, and other bodies, foundations, and organizations;

(k) to print, to create and distribute commemorative medals, edit and publish, make, display, and sell books and magazines, pictures, slides, and cinemas, as may be necessary or desirable for the accomplishment of the purposes of the corporation;

(l) to buy, sell, and generally deal in appropriate and related souvenirs, commemorative medals, curios, momentos, and publications; and

(m) to do any and all acts necessary and proper to carry out the purposes of the corporation.

Pub. L. 95–493, §4, Oct. 20, 1978, 92 Stat. 1644.

§1205 · Principal office; territorial scope of activities; agent for service of process

(a) The principal office of the corporation shall be located in Washington, District of Columbia, or in such other place as may later be determined by the board of directors, but the activities of the corporation shall not be confined to that place and may be conducted throughout the various possessions of the United States.

(b) The corporation shall have in the District of Columbia at all times a designated agent authorized to accept service of process for the corporation, and notice to or service upon such agent or mailed to the business address of such agent shall be deemed as service or notice upon the corporation.

Pub. L. 95–493, §5, Oct. 20, 1978, 92 Stat. 1644.

§1206 · Membership

Eligibility for membership in the corporation and the rights and privileges of members shall, except as provided in this chapter, be determined as the constitution and bylaws of the corporation may provide.

Pub. L. 95–493, §6, Oct. 20, 1978, 92 Stat. 1645.

§1207 · Active board of trustees

(a) Composition; chairman

The control and management of the affairs and funds of the corporation shall be vested in its active board of trustees which, exclusive of ex officio and honorary members, shall consist of not more than forty active members and not less than twelve active members, one of whom shall be elected chairman.

(b) Tenure; reelection

The term of an active trustee of the board shall be four years in duration and, except by the unanimous vote of the members of the board of trustees present and voting, no active trustee may be reelected as an active trustee until after a lapse of one year from the expiration of his term as active trustee.

(c) Meetings

The board of trustees shall meet not less than once annually in the Capitol of the United States at Washington, District of Columbia, and at such other times as may be determined by the chairman. No meeting of the board of trustees may be held except pursuant to a time and place stated in the bylaws or upon thirty days written notice in advance of any such meeting.

(d) Election; removal

Trustees of the corporation shall be elected by action of the active board of trustees. Trustees may be removed by the vote of two-thirds of the other active trustees at any time with or without cause.

Pub. L. 95–493, §7, Oct. 20, 1978, 92 Stat. 1645.

§1208 · Officers

(a) Composition

The officers of the corporation shall be a president, who shall be the chief executive officer, five vice presidents, a treasurer, and a secretary.

(b) Membership on board; compensation

During their respective terms of office, the officers of the corporation shall be ex officio members of the board with all the rights and privileges of a trustee including the right to vote. Officers may receive compensation or other remuneration for their services as determined by the board of trustees, and they may be reimbursed for their actual expenses.

(c) Election; tenure

Officers of the corporation shall be elected annually by action of the board of trustees and shall continue in office at the pleasure of the board.

(d) Duties

The duties of the officers of the corporation shall be such as usually pertain to the offices they hold and also shall include such additional duties as may be delegated by the board of trustees.

(e) Executive secretary and other personnel; compensation; duties

The board of trustees may employ an executive secretary and such other paid personnel as may be needed to assist the officers and the board and to accomplish the programs and business of the corporation. The board shall fix the compensation and prescribe the duties of the executive secretary and such other paid personnel who shall serve at the pleasure of the board.

Pub. L. 95–493, §8, Oct. 20, 1978, 92 Stat. 1645.

§1209 · Distribution of income or assets to members; loans

(a) No part of the income or assets of the corporation shall inure to any of its members, trustees, or officers, as such, or be distributable to any of them during the life of the corporation or upon its dissolution or final liquidation. Nothing in this subsection, however, shall be construed to prevent the payment of reasonable compensation to officers or employees of the corporation or reimbursement for actual expenses in amounts approved by the board of trustees of the corporation.

(b) The corporation shall not make loans to its officers, trustees, or employees. Any director who votes for or assents to the making of a loan or advance to an officer, director, or employee of the corporation, and any officer who participates in the making of such loan or an advance shall be jointly and severally liable to the corporation for the amount of such loan or advance until the repayment thereof.

Pub. L. 95–493, §9, Oct. 20, 1978, 92 Stat. 1646.

§1210 · Liability for acts of officers and agents

The corporation shall be liable for the acts of its officers and agents when acting within the scope of their authority.

Pub. L. 95–493, §10, Oct. 20, 1978, 92 Stat. 1646.

§1211 · Prohibition against issuance of stock or payment of dividends

The corporation shall have no power to issue any shares of stock or to declare or pay any dividends.

Pub. L. 95–493, §11, Oct. 20, 1978, 92 Stat. 1646.

§1212 · Books and records; inspection

The corporation shall keep correct and complete books and records of account and shall keep minutes of the proceedings of its members, board of trustees, and committees having any authority under the board of trustees, and it shall also keep at its principal office a record of the names and addresses of its members entitled to vote. All books and records of the corporation may be inspected by any member entitled to vote, or the agent or attorney of such member, for any proper purpose, at any reasonable time.

Pub. L. 95–493, §12, Oct. 20, 1978, 92 Stat. 1646.

§1213 · Audit of financial transactions

(a) The provisions of sections 1102 and 1103 of this title shall apply with respect to the corporation.

(b) The corporation shall comply with the provisions of section 193m–1 of title 40.

Pub. L. 95–493, §13, Oct. 20, 1978, 92 Stat. 1646.

§1214 · Use of assets on dissolution or liquidation

Upon dissolution or final liquidation of the corporation, after discharge or satisfaction of all outstanding obligations and liabilities, any remaining assets of the corporation shall be distributed in accordance with the determination of the board of trustees of the corporation and in compliance with the constitution and bylaws of the corporation and all Federal and State laws applicable thereto.

Pub. L. 95–493, §14, Oct. 20, 1978, 92 Stat. 1646.

§1215 · Exclusive right to name, emblems, seals, and insignia

The corporation shall have the sole and exclusive right to the name “United States Capitol Historical Society” and to have and use in carrying out its purpose, distinctive insignia, emblems, seals, descriptive or designating marks, and words or phrases, as may be required in the furtherance of its functions. Nothing in this section shall be construed to interfere or conflict with established or vested rights.

Pub. L. 95–493, §15, Oct. 20, 1978, 92 Stat. 1647.

§1216 · Acquisition of assets and liabilities of existing corporation

The corporation may acquire the assets of the United States Capitol Historical Society, a corporation incorporated under the laws of the District of Columbia. The United States Capitol Historical Society shall retain and maintain its existing status as a corporation incorporated under the laws of the District of Columbia or a State.

Pub. L. 95–493, §16, Oct. 20, 1978, 92 Stat. 1647.

§1217 · Annual report

The corporation shall, as soon as practicable after the end of each fiscal year, submit a report to each House of the Congress with respect to the activities of the corporation during the preceding fiscal year.

Pub. L. 95–493, §17, Oct. 20, 1978, 92 Stat. 1647.

§1218 · Reservation of right to amend or repeal chapter

The right to alter, amend, or repeal this chapter is expressly reserved to the Congress.

Pub. L. 95–493, §18, Oct. 20, 1978, 92 Stat. 1647.

§1219 · Exemption from certain taxes

Notwithstanding section 105 of title 4, United States Code, or title 47, chapter 26 of the District of Columbia Code (1973), or any other provision of the District of Columbia Code, the Corporation shall not be required to pay, collect, or account for any tax specified in such sections applicable to taxable events occurring within the United States Capitol building and grounds on or after January 1, 1964.

Pub. L. 95–493, §19, as added Pub. L. 97–447, Jan. 12, 1983, 96 Stat. 2364.

Chapter 45. United Service Organizations, Inc.

§1301 · Corporation created

The following persons, to wit:

Colonel Paul Akst, United States Air Force

Reserve, and the Air National Guard;

(2) supporting fair and equitable legislation and Department of the Air Force policies and influencing by lawful means departmental plans, programs, policies, and legislative proposals that affect enlisted personnel of the Regular Air Force, the Air Force Reserve, and the Air National Guard, its retirees, and other veterans of enlisted service in the Air Force;

(3) actively publicizing the roles of enlisted personnel in the United States Air Force;

(4) participating in civil and military activities, youth programs, and fundraising campaigns that benefit the United States Air Force;

(5) providing for the mutual welfare of members of the corporation and their families;

(6) assisting in recruiting for the United States Air Force;

(7) assembling together for social activities;

(8) maintaining an adequate Air Force for our beloved country;

(9) fostering among the members of the corporation a devotion to fellow airmen; and

(10) serving the United States and the (retired), New York, New York;

Robert C. Andrews, Nashville, Tennessee;

Mary Louise Austin, Atlanta, Georgia;

Alden G. Barber, Menlo Park, California;

James E. Barrett, Washington, District of Columbia;

Alfred D. Bell, Junior, Burlingame, California;

Mrs. Andrew J. Bennett, Junior, Baton Rouge, Louisiana;

Rocky Bleier, Pittsburgh, Pennsylvania;

Frank J. Brennan, Fort Washington, Pennsylvania;

N. Brewster Broder, Southfield, Michigan;

Mrs. Edward G. Brown, Millbrook, New York;

Mrs. Joseph O. Butcher, Bloomington, Indiana;

Marvin E. Cardoza, San Francisco, California;

Zebedee C. Chaney, Junior, New York, New York;

Louis J. Cohen, Newark, New Jersey;

John B. Coleman, Chicago, Illinois;

Gilbert Colgate, Junior, New York, New York;

Robert K. Corn, Papillion, Nebraska;

Kathryn Grant Crosby, Beverly Hills, California;

Edward J. Daly, Oakland, California;

Richard J. Davis, Junior, Arlington, Virginia;

General Michael S. Davison, United States Army (retired), Washington, District of Columbia;

Colonel Peter Dawkins, United States Army, Fort Campbell, Kentucky;

John W. Dixon, Dallas, Texas;

Mikki Ehrenfeld, Lincoln, Massachusetts;

E. Stanley Enlund, Chicago, Illinois;

Kimball C. Firestone, Potomac, Maryland;

Mrs. Maxine Flournoy, Alice, Texas;

Robert G. Geib, New York, New York;

Rear Admiral Lawrence R. Geis, United States Navy (retired), Jacksonville, Florida;

Jacob Goodstein, New York, New York;

Theodore J. Hagans, Junior, Washington, District of Columbia;

Mrs. Henry E. Harriman, Junior, San Diego, California;

John Halliburton, Kerrville, Texas;

Ronald E. Herington, New Bedford, Massachusetts;

Mrs. Margaret Howard Ismaila, Cleveland, Ohio;

Eugene Jelesnik, Salt Lake City, Utah;

Major General Orris E. Kelly, United States Army, Washington, District of Columbia;

Robert P. Kelsey, Junior, Boston, Massachusetts;

Donald R. Keough, Atlanta, Georgia;

Ralph B. Kohnen, Junior, Cincinnati, Ohio;

James J. Lazarus, Kearny, New Jersey;

Honorable John Davis Lodge, Westport, Connecticut;

Honorable Al G. Loehr, Saint Cloud, Minnesota;

Morgan Maxfield, North Kansas City, Missouri;

Mrs. Andrew M. McBurney, New York, New York;

Fred M. McCahey, Winnetka, Illinois;

Brigadier General Martin Menter,

United States Air Force

loyally, and doing all else necessary to uphold and defend the Constitution of the United States.

(b) Corporate Function.—The corporation shall function as an educational, patriotic, civic, historical, and research organization under the laws of the District of Columbia.

Added Pub. L. 105–354, §1(4)(A), Nov. 3, 1998, 112 Stat. 3240.

§20204 · Membership

(a) Eligibility.—Except as provided in this chapter, eligibility for membership in the corporation and the rights and privileges of members are as provided in the bylaws and articles of incorporation.

(b) Nondiscrimination.—The terms of membership may not discriminate on the basis of race, color, religion, sex, disability, age, or national origin.

Added Pub. L. 105–354, §1(4)(A), Nov. 3, 1998, 112 Stat. 3240.

§20205 · Governing body

(a) Board of Directors.—The board of directors and the responsibilities of the board are as provided in the bylaws and articles of incorporation.

(b) Officers.—The officers and the election of officers are as provided in the bylaws and articles of incorporation.

(c) Nondiscrimination.—The requirements for serving as a director or officer may not discriminate on the basis of race, color, religion, sex, disability, age, or national origin.

Added Pub. L. 105–354, §1(4)(A), Nov. 3, 1998, 112 Stat. 3240.

§20206 · Powers

The corporation has only the powers provided in (retired), Chevy Chase, Maryland;

Ms. Mary Wells Milam, Miami, Florida;

Nick J. Mileti, Gates Mills, Ohio;

Donald L. Miller, New York, New York;

Doctor Ron Miller, Brooklyn, New York;

Fred Much, Houston, Texas;

Doctor Frank L. Myers, Avenel, New Jersey;

Chief Commissaryman Robert A. Nolan, United States Navy (retired), Washington, District of Columbia;

Leo Perlis, Washington, District of Columbia;

Robert B. Pirie, Washington, District of Columbia;

Joseph Robbie, Miami, Florida;

Vincent J. Romeo, Flat Rock, North Carolina;

Lieutenant Colonel James H. Ryan, United States Army (retired), Mount Rainier, Maryland;

Theodore R. Serrill, Edgewater, Maryland;

Mrs. Charles H. Sethness, Junior, Chicago, Illinois;

Joseph H. Singer, Somerville, New Jersey;

Colonel C. Haskell Small, United States Army (retired), Washington, District of Columbia;

Robert A. Staub, New York, New York;

Dorothy C. Stephens, Washington, District of Columbia;

Warren Titus, Boston, Massachusetts;

Martin Tucker, New York, New York;

Mrs. Pearl Scott Tyler, Boston, Massachusetts;

Mrs. Audrey Ullman, Arlington, Virginia;

Mrs. Paula Unruh, Tulsa, Oklahoma;

Jeff Wald, Beverly Hills, California;

Doctor Seymour S. Weisman, Norwalk, Connecticut;

William G. Whyte, Washington, District of Columbia;

Clifford R. Williams, Milwaukee, Wisconsin;

Julius E. Williams, New York, New York;

Michael Collins, Washington, District of Columbia;

and their successors are hereby created and declared to be a body corporate having the name United Service Organizations, Incorporated (hereinafter the “corporation”). The said corporation shall have perpetual existence and the powers, limitations, and restrictions herein contained.

Pub. L. 96–165, §1, Dec. 29, 1979, 93 Stat. 1267.

§1302 · Objects and purposes of corporation

The objects and purposes of the corporation are to provide a voluntary civilian agency through which the people of this Nation may, in peace or war, serve the religious, spiritual, social, welfare, educational, and entertainment needs of the men and women in the Armed Forces within or without the territorial limits of the United States, and in general, to contribute to the maintenance of morale of such men and women; to solicit funds for the maintenance of the organization and the accomplishment of its responsibility; to accept the cooperation of and to provide an organization and a means through which the National Board of Young Men's Christian Associations, National Board of Young Women's Christian Associations, National Catholic Community Service, the Salvation Army, the National Jewish Welfare Board, the Travelers Aid-International Social Service of America, and other civilian agencies experienced in specialized types of related work, which may be needed adequately to meet particular needs of the members of the Armed Forces, may carry on their historic work of serving the spiritual, religious, social, welfare, educational, and entertainment needs of such men and women and be afforded an appropriate means of participation and financial assistance; to coordinate their programs, and to accept the cooperation of individual citizens in accomplishing its purposes. The corporation shall have such other objects and purposes as are consonant with the above.

Pub. L. 96–165, §2, Dec. 29, 1979, 93 Stat. 1268.

§1303 · Powers of corporation

The corporation shall have all the powers necessary and proper to accomplish the objects and purposes set forth in section 1302 of this title. Without limiting the generality of the foregoing, the corporation shall have the following specific powers:

(a) To enact and amend bylaws, rules, and regulations for its internal governance and management, not inconsistent with this chapter or other provisions of law.

(b) To establish, regulate, and terminate State, regional, local, and overseas councils, organizations, chapters, or affiliates in such manner and by such rules as it deems appropriate so as to enable it to carry out its powers and accomplish the objects and purposes set forth in section 1302 of this title.

(c) To solicit and raise funds for the accomplishment of its purposes, and to accept gifts, legacies, devises, and support in furtherance thereof.

(d) To acquire, hold, and dispose of such real and personal property as may be necessary to carry out the corporate purposes; to sell, mortgage, or lease any of its real property if authorized by its board of governors.

(e) To make and enter into contracts.

(f) To borrow money for the purposes of the corporation, issue bonds therefor, and secure the same by mortgage, subject in every case to all applicable provisions of Federal and State law.

(g) To adopt and alter a corporate seal, emblems, and marks.

(h) To choose such officers, representatives, and agents as may be necessary to carry out the corporate purposes.

(i) To establish and maintain offices for the conduct of the affairs of the corporation.

(j) To publish a newspaper, magazine, or other publications.

(k) To sue and be sued in any court.

(l) To do any and all acts and things necessary and proper to accomplish the foregoing specifically enumerated purposes.

Pub. L. 96–165, §3, Dec. 29, 1979, 93 Stat. 1269.

§1304 · Restrictions

(a) Political activities

The corporation shall be nonpolitical and, as an organization, shall not furnish financial aid or assistance to, or otherwise promote the candidacy of, any person seeking elective public office. No substantial part of the activities of the corporation shall involve carrying on propaganda, or otherwise attempting to influence legislation.

(b) Issuance of stock; dividends

The corporation shall have no power to issue any shares of capital stock, or to declare or pay any dividends. It shall also have no power to engage in any business activity for pecuniary profit unless the activity is substantially related to the carrying out of its objects and purposes, as set forth in section 1302 of this title, or the raising of funds for the accomplishment of said purposes.

(c) Use of assets on dissolution or liquidation

The property of the corporation is irrevocably dedicated to charitable purposes. Upon dissolution or final liquidation of the corporation, after discharge or satisfaction of all outstanding obligations and liabilities, its remaining assets, if any, shall be distributed in accordance with the determination of its board of governors, in compliance with

its bylaws and all Federal and State laws applicable thereto: Provided, however, That its property shall not, in any event, inure to the benefit of any private person except a fund, foundation, association, or corporation operated exclusively for charitable purposes.

(d) Distribution of income or assets to members

No part of the income or assets of the corporation shall inure to any member, governor, officer, or employee of the corporation or be distributable to any person during the life of the corporation or upon its dissolution or liquidation. Nothing in this subsection, however, shall be construed to prevent the payment of reasonable compensation for services rendered to officers and employees of the corporation and other persons, or to prevent their reimbursement for actual necessary expenses in amounts approved by the corporation's board of governors.

(e) Loans

The corporation shall not make loans to its members, officers, governors, or employees.

Pub. L. 96–165, §4, Dec. 29, 1979, 93 Stat. 1269.

§1305 · Governance of corporation

(a) Membership

The persons listed in section 1301 of this title are the present members of United Service Organizations, Incorporated, a corporation organized under the Not-for-Profit Corporation Law of the State of New York (hereinafter “the New York Corporation”). Upon the enactment of this charter, and for not more than one year thereafter, the said persons shall be the members of the corporation hereunder. They shall adopt bylaws and perform all other acts necessary to complete the organization of the corporation. Thereafter, the members of the corporation shall consist of nine persons designated by the President of the United States, and such representatives of the organizations listed in section 1302 of this title and of the public at large as shall be specified in the bylaws. The rights, privileges, and designations of the classes of members shall also be as specified in the bylaws.

(b) Board of governors

The management of the corporation shall be entrusted to a board of governors, which shall be responsible for the general policies and program of the corporation and for the control of its affairs and property. Upon the enactment of this charter and for not more than one year thereafter, the membership of the initial board of governors of the corporation created hereunder shall consist of the present members of the board of governors of the New York corporation. Thereafter, the board of governors shall be elected by the members of the corporation for such terms and in such classes as shall be specified in the bylaws, and shall include the following persons:

(1) Six members appointed by the President of the United States.

(2) The Secretary of Defense, or his designee.

(3) Such representatives of the organizations listed in section 1302 of this title and of the public at large as shall be specified in the bylaws.

(c) Other governing bodies

The corporation shall have such other governing bodies and committees as may be provided for in its bylaws.

(d) Officers

The office of honorary chairman of the corporation shall be tendered to the President of the United States. Upon acceptance of such office, the honorary chairman shall be invited to preside at such meetings of the corporation as he may deem appropriate and convenient. The corporation shall have such other officers as may be designated in its bylaws.

Pub. L. 96–165, §5, Dec. 29, 1979, 93 Stat. 1270.

§1306 · Acquisition of assets and liabilities of existing corporation; retention of State corporate status

Upon the enactment of this charter, the corporation shall acquire the assets and assume the liabilities of the New York corporation. The United Service Organizations, Incorporated, shall retain and maintain its existing status as a corporation incorporated under the laws of the State of New York, another State, or the District of Columbia.

Pub. L. 96–165, §6, Dec. 29, 1979, 93 Stat. 1271.

§1307 · Exclusive right to names, insignia, emblems, and badges

The corporation, its regional, State, and local councils, organizations, chapters, and affiliates shall have the sole and exclusive right to use the names “United Service Organizations, Incorporated” and “USO” and such distinctive insignia, emblems, and badges as the corporation may lawfully adopt in carrying out its purposes.

Pub. L. 96–165, §7, Dec. 29, 1979, 93 Stat. 1271.

§1308 · Assistance by Government agencies

The Department of Defense may make its resources available to the USO, to the extent compatible with the primary mission of the Department of Defense and in accordance with guidelines promulgated by the Secretary of Defense, in order to facilitate the accomplishment of the USO mission.

Pub. L. 96–165, §8, Dec. 29, 1979, 93 Stat. 1271.

§1309 · Miscellaneous provisions

(a) Principal office; territorial scope of activities

The principal office of the corporation shall be located in New York, New York, or in such other place as may be later determined by the board of governors, but the activities of the corporation shall not be confined to that place. The said activities may be conducted throughout the various States, territories, and possessions of the United States, and in foreign countries.

(b) Agent for service of process

The corporation shall maintain at all times in the District of Columbia a designated agent authorized to accept service of process for the corporation. Service upon, or notice mailed to the business address of, such agent, shall be deemed notice to or service upon the corporation.

(c) Local agents for service of process

The corporation shall file in the office of the secretary of each State, territory, or possession of the United States in which the corporation or its local, State, or regional councils, organizations, chapters, or affiliates may have activities, the name and post office address of an authorized agent upon whom local process or demands against the corporation may be served.

(d) Books and records; inspection

The corporation shall keep correct and complete books and records of account and shall also keep minutes of the proceedings of its members, and of its board of governors, or any committee having any of the authority of the board of governors; and shall keep at its principal office a record giving the names and addresses of its members entitled to vote; and shall permit all books and records of the corporation to be inspected by any member or his agent or his attorney for any purpose at any reasonable time.

(e) Annual report

The corporation shall make public an annual report concerning its proceedings and activities for the preceding calendar year.

(f) Audit of financial transactions

The provisions of sections 1102 and 1103 of this title shall apply with respect to the corporation.

(g) Omitted

(h) Reservation of right to amend or repeal chapter

The right to alter, amend, or repeal this chapter is hereby expressly reserved to the Congress.

Pub. L. 96–165, §9, Dec. 29, 1979, 93 Stat. 1271, 1272.

Chapter 46. United States Holocaust Memorial Council

§1401 · Council established; functions

There is hereby established as an independent Federal establishment the United States Holocaust Memorial Council (hereinafter in this chapter referred to as the “Council”). The Council shall—

(1) provide for appropriate ways for the Nation to commemorate the Days of Remembrance, as an annual, national, civic commemoration of the holocaust, and shall encourage and sponsor appropriate observances of such Days of Remembrance throughout the United States;

(2) plan, construct, and operate, a permanent living memorial museum to the victims of the holocaust, in cooperation with the Secretary of the Interior and other Federal agencies as provided in section 1406 

(3) develop a plan for carrying out the recommendations of the President's Commission on the Holocaust in its report to the President of September 27, 1979, to the extent such recommendations are not otherwise provided for in this chapter.

Pub. L. 96–388, §1, Oct. 7, 1980, 94 Stat. 1547; Pub. L. 99–190, §101(d) [title III, §324(1)], Dec. 19, 1985, 99 Stat. 1224, 1267; Pub. L. 102–529, §3(1), Oct. 27, 1992, 106 Stat. 3463.

§1402 · Membership

(a) Composition of Council; appointment; vacancies

The Council shall consist of sixty-five voting members appointed (except as otherwise provided in this section) by the President and the following ex officio nonvoting members:

(1) one appointed by the Secretary of the Interior;

(2) one appointed by the Secretary of State, and

(3) one appointed by the Secretary of Education.

Of the sixty-five voting members, five shall be appointed by the Speaker of the United States House of Representatives from among members of the United States House of Representatives and five shall be appointed by the President pro tempore of the United States Senate upon the recommendation of the majority and minority leaders from among members of the United States Senate. Any vacancy in the Council shall be filled in the same manner as the original appointment was made.

(b) Composition of initial Council; tenure

The members of the United States Holocaust Memorial Council, as in effect immediately before October 7, 1980, are hereby designated as members of the Council. All noncongressional voting members designated under the preceding sentence shall serve terms as follows:

(1) All such noncongressional voting members shall serve until January 15, 1986.

(2) On January 15, 1986, the terms of eleven of such noncongressional voting members, as designated in the bylaws of the Council, shall terminate.

(3) On January 15 of each year thereafter through 1990 the terms of eleven other such noncongressional voting members, as designated in the bylaws of the Council, shall terminate.

(c) Term of office

(1) Except as provided in subsection (b) of this section and except as otherwise provided in this subsection, Council members shall serve for five-year terms.

(2) The terms of the five members of the United States House of Representatives and the five members of the United States Senate appointed during any term of Congress shall each expire at the end of such term of Congress.

(3) Any member appointed to fill a vacancy occurring before the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term. A member, other than a Member of Congress appointed by the Speaker of the United States House of Representatives or the President pro tempore of the United States Senate, may serve after the expiration of his term until his successor has taken office.

(d) Chairperson and Vice Chairperson; term of office; vacancies

(1) Except as provided in paragraph (2), the Chairperson and Vice Chairperson of the Council shall be appointed by the President from among the members of the Council and such Chairperson and Vice Chairperson shall each serve for terms of five years. Vacancies in the offices of Chairperson and Vice Chairperson shall be filled, as they arise, by appointment of the President.

(2) The Chairperson and Vice Chairperson of the United States Holocaust Memorial Council, as in effect immediately before October 1, 1980, are hereby designated respectively as the initial Chairperson and Vice Chairperson of the Council. Such initial Chairperson and Vice Chairperson shall serve until January 15, 1986.

(e) Reappointment

Members whose terms expire may be reappointed, and the Chairperson and Vice Chairperson may be reappointed to those offices.

Pub. L. 96–388, §2, Oct. 7, 1980, 94 Stat. 1547; Pub. L. 97–84, §1(1)–(3), Nov. 20, 1981, 95 Stat. 1097.

§1403 · Compensation; travel expenses; full-time officers or employees of United States or Members of Congress

(a) Except as provided in subsection (b) of this section, members of the Council are each authorized to be paid the daily equivalent of the maximum annual rate of basic pay in effect for grade GS–18 of the General Schedule for each day (including traveltime) during which they are engaged in the actual performance of duties of the Council. While away from their homes or regular places of business in the performance of services for the Council, members of the Council shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in Government service are allowed expenses under section 5703 of title 5.

(b) Members of the Council who are full-time officers or employees of the United States or Members of the Congress shall receive no additional pay by reason of their service on the Council.

Pub. L. 96–388, §3, Oct. 7, 1980, 94 Stat. 1548.

§1404 · Administrative provisions

(a) Bylaws; quorum

The Council shall adopt bylaws to carry out its functions under this chapter. One-third of the members of the Council shall constitute a quorum, and any vacancy in the Council shall not affect its powers to function.

(b) Experts and consultants

The Council may obtain the services of experts and consultants in accordance with the provisions of section 3109 of title 5, at rates not to exceed the daily equivalent of the maximum annual rate of basic pay in effect for grade GS–18 of the General Schedule.

(c) Contract authority

The Council may, in accordance with applicable law, enter into contracts and other arrangements with public agencies and with private organizations and persons and may make such payments as may be necessary to carry out its functions under this chapter.

(d) Assistance from other Federal departments and agencies

The Secretary of the Smithsonian Institution, the Library of Congress, and all executive branch departments, agencies, and establishments of the United States may assist the Council in the performance of its functions under this chapter.

(e) Administrative services and support

The Secretary of the Interior may provide administrative services and support to the Council on a reimbursable basis.

Pub. L. 96–388, §4, Oct. 7, 1980, 94 Stat. 1548.

§1405 · Staff

(a) Executive Director

There shall be an Executive Director of the Holocaust Memorial Museum who shall be appointed by the Chairperson of the Council, subject to confirmation of the Council, who may be paid with nonappropriated funds, and who, if paid with appropriated funds, shall be paid at a rate not to exceed the maximum rate of basic pay payable for GS–18 of the General Schedule. The Executive Director shall serve at the pleasure of the Council.

(b) Appointment of employees

The Executive Director shall have authority to—

(1) appoint employees in the competitive service subject to the provisions of chapter 51 and subchapter III of chapter 53 of title 5 relating to classification and general schedule pay rates; and

(2) appoint and fix the compensation (at a rate not to exceed the maximum rate of basic pay payable for GS–18 of the General Schedule) of up to three employees notwithstanding any other provision of law; and

(3) implement decisions of the Council, in the manner directed by the Council, and perform such other functions as may be assigned from time to time by the Council, the Executive Committee of the Council, or the Chairperson of the Council.

Pub. L. 96–388, §5, Oct. 7, 1980, 94 Stat. 1549; Pub. L. 97–84, §1(4), Nov. 20, 1981, 95 Stat. 1097; Pub. L. 100–71, title I, §101, July 11, 1987, 101 Stat. 418; Pub. L. 103–138, title III, §309, Nov. 11, 1993, 107 Stat. 1416.

§1406 · Memorial museum

(a) Transfer or purchase of real property in District of Columbia

For purposes of establishing the memorial museum referred to in paragraph (2) of section 1401 of this title, any department, agency, or instrumentality of the United States is authorized to transfer to the administrative jurisdiction of the Council, with the approval of the Secretary of the Interior in consultation with the Commission of Fine Arts and the National Capital Planning Commission, any real property in the District of Columbia which is under the administrative jurisdiction of such department, agency, or instrumentality and which is deemed suitable by the Council for such memorial. With the approval of the Secretary of the Interior, in consultation with the Commission of Fine Arts and the National Capital Planning Commission, the Council may purchase, with the consent of the owner thereof, any real property within the District of Columbia which it deems suitable for purposes of establishing such memorial museum.

(b) Architectural design approval

The architectural design for such memorial museum shall be subject to the approval of the Secretary of the Interior, in consultation with the Commission of Fine Arts and the National Capital Planning Commission.

(c) Termination of construction and operation authority

The authority conferred pursuant to this chapter for the construction and operation of the memorial museum shall lapse on the date five years after October 7, 1980 unless (1) the erection or establishment of such memorial is commenced within such five year period, and (2) prior to the commencement, the Secretary of the Interior certifies that funds are available in an amount sufficient, in the judgment of the Secretary, to ensure completion of the memorial museum.

(d) Employees performing governmental functions

All employees of the memorial who 

(e) Insurance

The Council shall maintain insurance on the memorial museum to cover such risks, in such amount, and containing such terms and conditions as the Council deems necessary.

Pub. L. 96–388, §6, Oct. 7, 1980, 94 Stat. 1549; Pub. L. 102–529, §3(2), Oct. 27, 1992, 106 Stat. 3463.

§1407 · Gifts, bequests, and devises of property; tax treatment

The Council may solicit, accept, hold, administer, invest, and use gifts, bequests, and devises of property, both real and personal, to aid or facilitate the construction, maintenance, and operation of the memorial. Property may be accepted pursuant to this section, and the property and the proceeds thereof used as nearly as possible in accordance with the terms of the gift, bequest, or devise donating such property. Funds donated to and accepted by the Council pursuant to this section are not to be regarded as appropriated funds and are not subject to any requirements or restrictions applicable to appropriated funds. For the purposes of Federal income, estate, and gift taxes, property accepted under this section shall be considered as a gift, bequest, or devise to the United States.

Pub. L. 96–388, §7, Oct. 7, 1980, 94 Stat. 1549; Pub. L. 99–190, §101(d) [title III, §324(2)], Dec. 19, 1985, 99 Stat. 1224, 1267.

§1408 · Authorization of appropriations

To carry out the purposes of this chapter there are authorized to be appropriated such sums as may be necessary for fiscal year 1993 and for each succeeding fiscal year through fiscal year 2000. Notwithstanding any other provision of law, there are authorized to be appropriated to the Council such amounts as may be necessary to obtain, from a private insurance carrier, insurance against loss in connection with the memorial museum and related property and exhibits. Notwithstanding any other provision of this chapter, no funds authorized under this chapter may be used for construction. Authority to enter into contracts and to make payments under this chapter, using funds authorized to be appropriated under this section shall be effective only to the extent, and in such amounts, as provided in advance in appropriations Acts.

Pub. L. 96–388, §8, Oct. 7, 1980, 94 Stat. 1549; Pub. L. 102–529, §1, Oct. 27, 1992, 106 Stat. 3463.

§1409 · Annual report

The Executive Director shall make a full report annually to the Congress of his stewardship of the authority to construct, operate, and maintain the Holocaust Museum, including an accounting of all financial transactions involving donated funds.

Pub. L. 96–388, [§9], as added Pub. L. 99–190, §101(d) [title III, §324(3)], Dec. 19, 1985, 99 Stat. 1224, 1267.

§1410 · Audit of financial transactions

Financial transactions of the Council, including those involving donated funds, shall be audited by the Comptroller General as requested by the Congress, in accordance with generally accepted auditing standards. In conducting any audit pursuant to this section, appropriate representatives of the Comptroller General shall have access to all books, accounts, financial records, reports, files and other papers, items or property in use by the Council, as necessary to facilitate such audit, and such representatives shall be afforded full facilities for verifying transactions with the balances.

Pub. L. 96–388, [§10], as added Pub. L. 99–190, §101(d) [title III, §324(3)], Dec. 19, 1985, 99 Stat. 1224, 1267.

§1411 · Report

The Council shall submit to Congress by June 30, 1995, a report containing each of the following:

(1) A description of the extent to which the objectives of this chapter are being met.

(2) An examination of future major endeavors, initiatives, programs, or activities that the Council or museum proposes to undertake to better fulfill the objectives of this chapter.

(3) An examination of the Federal role in the funding of the Council and its activities, and any changes that may be warranted.

Pub. L. 96–388, §11, as added Pub. L. 102–529, §2, Oct. 27, 1992, 106 Stat. 3463.

Chapter 47. National Ski Patrol System, Inc.

§1501 · Recognition as corporation and grant of Federal charter

National Ski Patrol System, Incorporated, a corporation organized under the laws of the States of New York and Colorado is hereby recognized as such and granted a Federal charter.

Pub. L. 96–489, §1, Dec. 2, 1980, 94 Stat. 2553.

§1502 · Powers of corporation

National Ski Patrol System, Incorporated (hereinafter referred to as the “corporation”) shall have only those powers granted to it through its bylaws and articles of incorporation filed in each the States where it is incorporated.

Pub. L. 96–489, §2, Dec. 2, 1980, 94 Stat. 2553.

§1503 · Purposes of corporation

The purposes of the corporation shall be to promote, in any and all ways, patriotic, scientific, educational and civic improvement activities, public safety in skiing, including, without limiting the generality of the foregoing, the dissemination of information with respect thereto and the formation of volunteer local patrols, consisting of competent skiers trained in the administration of first aid, for the purpose of preventing accidents and rendering speedy assistance to persons sustaining accidents; to solicit contributions of money, services, and other property for, and generally to encourage and assist in carrying out, the foregoing purposes in every way.

Pub. L. 96–489, §3, Dec. 2, 1980, 94 Stat. 2553.

§1504 · Service of process

With respect to service of process, the corporation shall comply with the laws of the States in which it is incorporated and those States in which it carries on its activities in furtherance of its corporate purposes.

Pub. L. 96–489, §4, Dec. 2, 1980, 94 Stat. 2553.

§1505 · Membership

Eligibility for membership in the corporation and the rights and privileges of members shall, except as provided in this chapter, be as provided in the bylaws of the corporation.

Pub. L. 96–489, §5, Dec. 2, 1980, 94 Stat. 2553.

§1506 · Board of directors

The board of directors of the corporation and the responsibilities thereof shall be as provided in the articles of incorporation of the corporation and in conformity with the laws of the State or States where incorporated.

Pub. L. 96–489, §6, Dec. 2, 1980, 94 Stat. 2553.

§1507 · Officers

The officers of the corporation and the election of such officers shall be the same as is provided for in the articles of incorporation of the corporation and in conformity with the laws of the State or States where incorporated.

Pub. L. 96–489, §7, Dec. 2, 1980, 94 Stat. 2554.

§1508 · Restrictions

(a) Distribution of income or assets to members

No part of the income or assets of the corporation shall inure to any member, officer, or director of the corporation or be distributed to any such person during the life of this charter. Nothing in this subsection shall be construed to prevent the payment of reasonable compensation to officers of the corporation or reimbursement for actual necessary expenses in amounts approved by the board of directors.

(b) Loans

The corporation shall not make any loan to any officer, director, or employee of the corporation.

(c) Political activities

The corporation and any officer and director of the corporation, acting as such officer or director, shall not contribute to, support or otherwise participate in any political activity or in any manner attempt to influence legislation.

(d) Issuance of stock; dividends

The corporation shall have no power to issue any shares of stock nor to declare or pay any dividends.

Pub. L. 96–489, §8, Dec. 2, 1980, 94 Stat. 2554.

§1509 · Liability for acts of officers and agents

The corporation shall be liable for the acts of its officers and agents when acting within the scope of their authority.

Pub. L. 96–489, §9, Dec. 2, 1980, 94 Stat. 2554.

§1510 · Books and records; inspection

The corporation shall keep correct and complete books and records of account and shall keep minutes of any proceeding of the corporation involving any of its members, the board of directors, or any committee having authority under the board of directors. The corporation shall keep at its principal office a record of the names and addresses of all members having the right to vote. All books and records of such corporation may be inspected by any member having the right to vote, or by any agent or attorney of such member, for any proper purpose, at any reasonable time. However, nothing in this section shall be construed to contravene any applicable State law.

Pub. L. 96–489, §10, Dec. 2, 1980, 94 Stat. 2554.

§1511 · Annual report

The corporation shall report annually to the Congress concerning the activities of the corporation during the preceding calendar year. The report shall not be printed as a public document.

Pub. L. 96–489, §12, Dec. 2, 1980, 94 Stat. 2554.

§1512 · Reservation of right to amend or repeal chapter

The right to alter, amend, or repeal this chapter is expressly reserved to the Congress.

Pub. L. 96–489, §13, Dec. 2, 1980, 94 Stat. 2555.

§1513 · “State” defined

For purposes of this chapter, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States.

Pub. L. 96–489, §14, Dec. 2, 1980, 94 Stat. 2555.

§1514 · Tax-exempt status

The corporation shall retain its status as an organization exempt from taxation as provided in title 26. If the corporation fails to retain such status, the charter granted hereby shall expire.

Pub. L. 96–489, §15, Dec. 2, 1980, 94 Stat. 2555.

Chapter 48. Gold Star Wives of America

§1601 · Recognition as corporation and grant of Federal charter

Gold Star Wives of America, a corporation organized and operating under the laws of the State of New York, is hereby recognized as such and granted a Federal charter.

Pub. L. 96–497, §1, Dec. 4, 1980, 94 Stat. 2595.

§1602 · Powers of corporation

Gold Star Wives of America (hereinafter referred to as the “corporation”) shall have only those powers granted to it through its bylaws and articles of incorporation filed in the State in which it is incorporated.

Added Pub. L. 105–354, §1(4)(A), Nov. 3, 1998, 112 Stat. 3240.

§20207 · Restrictions

(a) Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend.

(b) Distribution of Income or Assets.—The income or assets of the corporation may not inure to the benefit of, or be distributed to, a director, officer, or member during the life of the charter granted by this chapter. This subsection does not

Pub. L. 96–497, §2, Dec. 4, 1980, 94 Stat. 2595.

§1603 · Objects and purposes of corporation

The objects and purposes of the corporation shall be, solely, that it is—

(a) organized and operated in the public interest, as a nonpartisan and nonprofit organization, with terms of membership and requirements for holding office within the organization which does not discriminate on the basis of race, color, religion, or national origin;

(b) organized and operated solely for patriotic, charitable, literary, educational, scientific, or civic improvement purposes; and

(c) organized for those purposes stated in its articles of incorporation which are not inconsistent with any of the foregoing objects and purposes.

Pub. L. 96–497, §3, Dec. 4, 1980, 94 Stat. 2595.

§1604 · Service of process

With respect to service of process, the corporation shall comply with the laws of the States in which it is incorporated and those States in which it carries on its activities in furtherance of its corporate purposes.

Pub. L. 96–497, §4, Dec. 4, 1980, 94 Stat. 2595.

§1605 · Membership

Eligibility for membership in the corporation and the rights and privileges of members shall, except as provided in this chapter, be as provided in the articles of incorporation and the bylaws of the corporation.

Pub. L. 96–497, §5, Dec. 4, 1980, 94 Stat. 2595.

§1606 · Board of directors

The board of directors of the corporation and the responsibilities thereof shall be as provided in the articles of incorporation of the corporation and in conformity with the laws of the State or States where incorporated.

Pub. L. 96–497, §6, Dec. 4, 1980, 94 Stat. 2596.

§1607 · Officers

The officers of the corporation and the election of such officers shall be as is provided in the articles of incorporation of the corporation and in conformity with the laws of the State or States where incorporated.

Pub. L. 96–497, §7, Dec. 4, 1980, 94 Stat. 2596.

§1608 · Restrictions

(a) Distribution of income or assets to members

No part of the income or assets of the corporation shall inure to any member, officer, or director of the corporation or be distributed to any such person during the life of this charter. Nothing in this subsection shall be construed to prevent the payment of reasonable compensation to an officer or employee officers of the corporation or reimbursement for actual necessary expenses in amounts approved by the board of directors.

(c) Loans.—The corporation may not make a loan to a director, officer, employee, or member.

(d) Claim of Governmental Approval or Authority.—The corporation may

(b) Loans

The corporation shall not make any loan to any officer, director, or employee of the corporation.

(c) Political activities

The corporation and any officer and director of the corporation, acting as such officer or director, shall not contribute to, support or otherwise participate in any political activity or in any manner attempt to influence legislation.

(d) Issuance of stock; dividends

The corporation shall have no power to issue any shares of stock nor to declare or pay any dividends.

Pub. L. 96–497, §8, Dec. 4, 1980, 94 Stat. 2596.

§1609 · Liability for acts of officers and agents

The corporation shall be liable for the acts of its officers and agents when acting within the scope of their authority and in accordance with the laws of the States in which it carries on its activities.

Pub. L. 96–497, §9, Dec. 4, 1980, 94 Stat. 2596.

§1610 · Books and records; inspection

The corporation shall keep correct and complete books and records of account and shall keep minutes of any proceeding of the corporation involving any of its members, the board of directors, or any committee having authority under the board of directors. The corporation shall keep at its principal office a record of the names and addresses of all members having the right to vote. All books and records of such corporation may be inspected by any member having the right to vote, or by any agent or attorney of such member, for any proper purpose, at any reasonable time. However, nothing in this section shall be construed to contravene any applicable State law.

Pub. L. 96–497, §10, Dec. 4, 1980, 94 Stat. 2596.

§1611 · Annual report

The corporation shall report annually to the Congress concerning the activities of the corporation during the preceding calendar year. The report shall not be printed as a public document.

Pub. L. 96–497, §12, Dec. 4, 1980, 94 Stat. 2597.

§1612 · Reservation of right to amend or repeal chapter

The right to alter, amend, or repeal this chapter is expressly reserved to the Congress.

Pub. L. 96–497, §13, Dec. 4, 1980, 94 Stat. 2597.

§1613 · “State” defined

For purposes of this chapter, the term “State” means the several States, the District of Columbia, the Commonwealth of Puerto Rico and the territories and possessions of the United States.

Pub. L. 96–497, §14, Dec. 4, 1980, 94 Stat. 2597.

§1614 · Tax-exempt status

The corporation shall retain its status as an organization exempt from taxation as provided in title 26. If the corporation fails to retain such status, or if it fails to comply with the provisions of this chapter, the charter granted hereby shall expire.

Pub. L. 96–497, §15, Dec. 4, 1980, 94 Stat. 2597.

Chapter 49. Italian American War Veterans of the United States

§1701 · Recognition as corporation and grant of Federal charter

Italian American War Veterans of the United States, organized and incorporated under the Nonprofit Corporation Acts of the States of California, Connecticut, Florida, Massachusetts, New Jersey, New York, Ohio, Pennsylvania, and Rhode Island, is hereby recognized as such and is granted a charter.

Pub. L. 97–82, §1, Nov. 20, 1981, 95 Stat. 1091.

§1702 · Powers of corporation

Italian American War Veterans of the United States (hereinafter referred to as the “corporation”) shall have only those powers granted to it through its bylaws and articles of incorporation filed in the State or States in which it is incorporated and subject to the laws of such State or States.

Pub. L. 97–82, §2, Nov. 20, 1981, 95 Stat. 1091.

§1703 · Objects and purposes of corporation

The objects and purposes of the corporation are those provided in its articles of incorporation and shall include the giving of patriotic allegiance to the United States of America, fidelity to its Constitution and laws, and support to the security of civil liberty and permanence of free institutions; the stimulation of patriotism in the minds of all Americans by encouraging the study of the history of the United States; to assure the preservation and defense of the United States of America from all enemies without any reservation whatsoever; the preservation of the memories and records of patriotic service performed by men and women who served in the Armed Forces of the United States by gathering, collating, editing, publishing, and exhibiting the memorabilia, data, records, military awards, decorations, citations of those who served in the Armed Forces of the United States, and the promotion of peace, prosperity, and good will between the peoples of the United States of America and the Republic of Italy. The corporation shall function as a veterans’ and patriotic organization as authorized by the laws of the State or States where it is incorporated.

Pub. L. 97–82, §3, Nov. 20, 1981, 95 Stat. 1091.

§1704 · Service of process

With respect to service of process, the corporation shall comply with the laws of the States in which it is incorporated and those States in which it carries on its activities in furtherance of its corporate purposes.

Pub. L. 97–82, §4, Nov. 20, 1981, 95 Stat. 1091.

§1705 · Membership

Any American citizen shall be eligible for membership in the corporation who was honorably discharged from the Armed Forces of the United States of America, and eligibility for membership in the corporation and the rights and privileges of members shall, except as provided in this chapter, be as provided in the bylaws of the corporation.

Pub. L. 97–82, §5, Nov. 20, 1981, 95 Stat. 1091.

§1706 · Board of directors

The board of directors of the corporation and the responsibilities thereof shall be as provided in the articles of incorporation of the corporation and in conformity with the laws of the State or States in which it is incorporated.

Pub. L. 97–82, §6, Nov. 20, 1981, 95 Stat. 1092.

§1707 · Officers

The officers of the corporation, and the election of such officers shall be as is provided in the articles of incorporation of the corporation and in conformity with the laws of the State or States wherein it is incorporated.

Pub. L. 97–82, §7, Nov. 20, 1981, 95 Stat. 1092.

§1708 · Restrictions

(a) Distribution of income or assets to members

No part of the income or assets of the corporation shall inure to any member, officer, or director of the corporation or be distributed to any such person during the life of this charter. Nothing in this subsection shall be construed to prevent the payment of reasonable compensation to the officers of the corporation or reimbursement for actual necessary expenses in amounts approved by the board of directors.

(b) Loans

The corporation shall not make any loan to any officer, director, or employee of the corporation.

(c) Political activities

The corporation and any officer and director of the corporation, acting as such officer or director, shall not contribute to, support or otherwise participate in any political activity or in any manner attempt to influence legislation.

(d) Issuance of stock; dividends

The corporation shall have no power to issue any shares of stock nor to declare or pay any dividends.

(e) Claim of approval or authorization

The corporation shall not claim congressional approval or the authority of the United States Government Federal Government authority for any of its activities.

Added Pub. L. 105–354, §1(4)(A), Nov. 3, 1998, 112 Stat. 3241.

§20208 · Duty to maintain corporate and tax-exempt status

(a) Corporate Status.—The corporation shall maintain its status as a corporation incorporated under the laws of

Pub. L. 97–82, §8, Nov. 20, 1981, 95 Stat. 1092.

§1709 · Liability for acts of officers and agents

The corporation shall be liable for the acts of its officers and agents when acting within the scope of their authority.

Pub. L. 97–82, §9, Nov. 20, 1981, 95 Stat. 1092.

§1710 · Books and records; inspection

The corporation shall keep correct and complete books and records of account and shall keep minutes of any proceeding of the corporation involving any of its members, the board of directors, or any committee having authority under the board of directors. The corporation shall keep at its principal office a record of the names and addresses of all members having the right to vote. All books and records of such corporation may be inspected by any member having the right to vote, or by any agent or attorney of such member, for any proper purpose, at any reasonable time. Nothing in this section shall be construed to contravene any applicable State law.

Pub. L. 97–82, §10, Nov. 20, 1981, 95 Stat. 1092.

§1711 · Annual report

The corporation shall report annually to the Congress concerning the activities of the corporation during the preceding fiscal year. Such annual report shall be submitted at the same time as is the report of the audit required by section 1101(54) of this title. The report shall not be printed as a public document.

Pub. L. 97–82, §12, Nov. 20, 1981, 95 Stat. 1093.

§1712 · Reservation of right to amend or repeal chapter

The right to alter, amend, or repeal this chapter is expressly reserved to the Congress.

Pub. L. 97–82, §13, Nov. 20, 1981, 95 Stat. 1093.

§1713 · “State” defined

For purposes of this chapter, the term “State” includes the District of

Columbia.(b) Tax-Exempt Status.—The Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States.

Pub. L. 97–82, §14, Nov. 20, 1981, 95 Stat. 1093.

§1714 · Tax-exempt status

The

corporation shall maintain its status as an organization exempt from taxation

under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.).

Added Pub. L. 105–354, §1(4)(A), Nov. 3, 1998, 112 Stat. 3241.

§20209 · Records and inspection

(a) Records.—The corporation shall keep—

(1) as provided in title 26. If the corporation fails to maintain such status, the charter granted hereby shall expire.

Pub. L. 97–82, §15, Nov. 20, 1981, 95 Stat. 1093.

§1715 · Failure to comply with restrictions or provisions

If the corporation shall fail to comply with any of the restrictions or provisions of this chapter, the charter granted hereby shall expire.

Pub. L. 97–82, §16, Nov. 20, 1981, 95 Stat. 1093.

Chapter 50. United States Submarine Veterans of World War Ii

§1801 · Recognition as corporation and grant of Federal charter

The United States Submarine Veterans of World War II, incorporated under the Non-profit Corporation Act of the State of New Jersey, and the State of Colorado, is hereby recognized as such and is granted a charter.

Pub. L. 97–83, §1, Nov. 20, 1981, 95 Stat. 1094.

§1802 · Powers of corporation

United States Submarine Veterans of World War II (hereinafter referred to as the “corporation”) shall have only those powers granted to it through its bylaws and articles of incorporation filed in the State or States in which it is incorporated and subject to the laws of such State or States.

Pub. L. 97–83, §2, Nov. 20, 1981, 95 Stat. 1094.

§1803 · Objects and purposes of corporation

The objects and purposes of the corporation are those provided in its articles of incorporation and shall include patriotism and loyalty to the United States of America; the perpetuation and establishment of memorials to the memory of those shipmates who served aboard United States submarines and gave their lives in submarine warfare during World War II; promotion of the spirit and unity that existed among the United States Navy submarine crewmen during World War II; fostering general public awareness of life aboard submarines during World War II, through securing, restoring, and displaying the submarines that were in service at that time; sponsoring annual college scholarships; and performance of such acts of charity as provided for by the constitution and bylaws.

Pub. L. 97–83, §3, Nov. 20, 1981, 95 Stat. 1094.

§1804 · Service of process

With respect to service of process, the corporation shall comply with the laws of the States in which it is incorporated and those States in which it carries on its activities in furtherance of its corporate purposes.

Pub. L. 97–83, §4, Nov. 20, 1981, 95 Stat. 1094.

§1805 · Membership

Eligibility for membership in the corporation and the rights and privileges of members shall, except as provided in this chapter, be as provided in the constitution and bylaws of the corporation.

Pub. L. 97–83, §5, Nov. 20, 1981, 95 Stat. 1094.

§1806 · Board of directors

The board of directors of the corporation and the responsibilities thereof shall be as provided in the articles of incorporation of the corporation and in conformity with the laws of the State or States in which it is incorporated.

Pub. L. 97–83, §6, Nov. 20, 1981, 95 Stat. 1095.

§1807 · Officers

The officers of the corporation, and the election of such officers shall be as is provided in the articles of incorporation of the corporation and in conformity with the laws of the State or States wherein it is incorporated.

Pub. L. 97–83, §7, Nov. 20, 1981, 95 Stat. 1095.

§1808 · Restrictions

(a) Distribution of income or assets to members

No part of the income or assets of the corporation shall inure to any member, officer, or director of the corporation or be distributed to any such person during the life of this charter. Nothing in this subsection shall be construed to prevent the payment of reasonable compensation to the officers of the corporation or reimbursement for actual necessary expenses in amounts approved by the board of directors.

(b) Loans

The corporation shall not make any loan to any officer, director, or employee of the corporation.

(c) Political activities

The corporation and any officer and director of the corporation, acting as such officer or director, shall not contribute to, support or otherwise participate in any political activity or in any manner attempt to influence legislation.

(d) Issuance of stock; dividends

The corporation shall have no power to issue any shares of stock nor to declare or pay any dividends.

(e) Claim of approval or authorization

The corporation shall not claim congressional approval or Federal Government authority for any of its activities.

Pub. L. 97–83, §8, Nov. 20, 1981, 95 Stat. 1095.

§1809 · Liability for acts of officers and agents

The corporation shall be liable for the acts of its officers and agents when acting within the scope of their authority.

Pub. L. 97–83, §9, Nov. 20, 1981, 95 Stat. 1095.

§1810 · Books and records; inspection

The corporation shall keep

correct and complete

records of account;(2) minutes of the proceedings

books and records of account and shall keep minutes of any proceeding of the corporation involving any of its members, the board of directors,

and committees having any of the authority of its board of directors; and(3)

or any committee having authority under the board of directors. The corporation shall keep at its principal office, office a record of the names and addresses of

its members entitled to vote.(b) Inspection.—A member entitled to vote, or an agent or attorney of the member, may inspect the records of the corporation

all members having the right to vote. All books and records of such corporation may be inspected by any member having the right to vote, or by any agent or attorney of such member, for any proper purpose, at any reasonable time.

Added Pub. L. 105–354, §1(4)(A), Nov. 3, 1998, 112 Stat. 3241.

§20210 · Service of process

The corporation shall comply with the law on service of process of each State in which it is incorporated and each State in which it carries on activities.

Added Pub. L. 105–354, §1(4)(A), Nov. 3, 1998, 112 Stat. 3241.

§20211 · Liability for acts of officers and agents

The corporation is liable for the acts of its officers and agents acting within the scope of their authority.

Added Pub. L. 105–354, §1(4)(A), Nov. 3, 1998, 112 Stat. 3241.

§20212 Nothing in this section shall be construed to contravene any applicable State law.

Pub. L. 97–83, §10, Nov. 20, 1981, 95 Stat. 1095.

§1811 · Annual report

The corporation shall submit an annual report to Congress on report annually to the Congress concerning the activities of the corporation during the prior fiscal year. The preceding fiscal year. Such annual report shall be submitted at the same time as the report of the audit required by section 10101 of this title. The report may not be printed as a public document.

Added Pub. L. 105–354, §1(4)(A), Nov. 3, 1998, 112 Stat. 3241.

Chapter 203. American Academy of Arts and Letters

§20301 · Organization

(a) Federal Charter.—American Academy of Arts and Letters (in this chapter, the “corporation”) is a federally chartered corporation.

(b) Place of Incorporation.—The corporation is declared to be incorporated in the District of Columbia.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1286.

§20302 · Purpose

The purpose of the corporation is to further the interests of literature and the fine arts.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1286.

§20303 · Membership

The corporation may have not more than 50 regular members.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1286.

§20304 · Powers

The corporation may—

(1) adopt bylaws and regulations;

(2) fill vacancies;

(3) provide for the election of foreign, domestic, or honorary associate members, and the division of those members into classes;

(4) receive bequests and donations of property, hold the property in trust, and invest the property to carry out the purpose of the corporation; and

(5) do any other act necessary or usual for such a corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1286.

§20305 · Annual meeting

The corporation shall hold an annual meeting at a place in the United States as may be designated.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1287.

§20306 · Annual report

The corporation shall make an annual report to Congress, to be filed with the Librarian of Congress.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1287.

§20307 · 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. 1287.

Chapter 205. American Chemical Society

§20501 · Organization

American Chemical Society (in this chapter, the “corporation”) is a federally chartered corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1287.

§20502 · Purposes

The purposes of the corporation are—

(1) to encourage in the broadest and most liberal manner the advancement of chemistry in all its branches;

(2) to promote research in chemical science and industry;

(3) to improve the qualifications and usefulness of chemists through high standards of professional ethics, education, and attainments;

(4) to increase and diffuse chemical knowledge; and

(5) by its meetings, professional contacts, reports, papers, discussions, and publications, to promote scientific interests and inquiry to foster public welfare and education, aid the development of our country's industries, and add to the material prosperity and happiness of our people.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1287.

§20503 · Powers

The corporation may—

(1) adopt a constitution, bylaws, and regulations;

(2) fill vacancies;

(3) provide for the election of members and the division of those members into classes;

(4) receive property, hold the property absolutely or in trust, invest and manage the property, and use the property and income arising from it to carry out the purposes of the corporation; and

(5) do any other act necessary and proper to carry out the purposes of the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1287.

§20504 · Cooperation with the military

(a) Investigations, Examinations, Experiments, and Reports.—When requested by the Secretary of the Army, Air Force, or Navy, the corporation shall investigate, examine, experiment, and report on any subject in pure or applied chemistry connected with the national defense.

(b) Payments.—The actual expense of those investigations, examinations, experiments, and reports shall be paid from amounts appropriated for those purposes, but the corporation may not receive compensation for any services performed for the United States Government.

(c) Title and License.—Title to inventions and discoveries made in the course of those investigations, examinations, and experiments that the appropriate Secretary believes involve the national defense vest in the Government. The Government shall have unlimited license under other inventions and discoveries made in the course of those investigations, examinations, and experiments.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1288.

§20505 · Annual meeting

The corporation shall hold an annual meeting at a place in the United States as may from time to time be designated.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1288.

§20506 · Annual report

Not later than December 1 of each year, the corporation shall submit a report to Congress on the activities of the corporation during the prior calendar year, including a complete statement of its receipts and expenditures. The report may not be printed as a public document.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1288.

Chapter 207. American Council of Learned Societies

§20701 · Definition

in 

Pub. L. 97–83, §12, Nov. 20, 1981, 95 Stat. 1096.

§1812 · Reservation of right to amend or repeal chapter

The right to alter, amend, or repeal this chapter is expressly reserved to the Congress.

Pub. L. 97–83, §13, Nov. 20, 1981, 95 Stat. 1096.

§1813 · “State” defined

For purposes of this chapter, the term “State” includes the District of Columbia Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States.

Pub. L.

105–225, Aug. 12, 1998, 112 Stat. 1288.

§20702 · Organization

American Council of Learned Societies (in this chapter, the “corporation”), a nonprofit corporation incorporated in the District of Columbia, is a federally chartered corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1288.

§20703 · Purposes

The purposes of the corporation are as provided in the articles of incorporation and include—

(1) the advancement of the humanistic studies in all fields of learning; and

(2) the maintenance and strengthening of relations among the national societies devoted to those studies.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1289.

§20704 · Membership

Except as provided in this chapter, eligibility for membership in the corporation and the rights and privileges of members are as provided in the constitution and bylaws of the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1289.

§20705 · Governing body

(a) Board of Directors.—The board of directors and the responsibilities of the board are as provided in the articles of incorporation.

(b) Officers.—The officers and the election of officers are as provided in the articles of incorporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1289.

§20706 · Powers

The corporation has only the powers provided in its bylaws and articles of incorporation filed in each State in which it is incorporated.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1289.

§20707 · Restrictions

(a) Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend.

(b) Political Activities.—The corporation or a director or officer as such may not contribute to, support, or participate in any political activity or in any manner attempt to influence legislation.

(c) Distribution of Income or Assets.—The income or assets of the corporation may not inure to the benefit of, or be distributed to, a director, officer, or member during the life of the charter granted by this chapter. This subsection does not prevent the payment of reasonable compensation to an officer or reimbursement for actual necessary expenses in amounts approved by the board of directors.

(d) Loans.—The corporation may not make a loan to a director, officer, or employee.

(e) Claim of Governmental Approval or Authority.—The corporation may not claim congressional approval or the authority of the United States Government for any of its activities.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1289.

§20708 · Duty to maintain tax-exempt 97–83, §14, Nov. 20, 1981, 95 Stat. 1096.§1814 · Tax-exempt status

The corporation shall maintain its status as an organization exempt from taxation under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.). as provided in title 26. If the corporation does not maintain that fails to maintain such status, the charter granted

by this chapter expires.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1289.

§20709 · Records and inspection

(a) Records.—The corporation shall keep—

(1) hereby shall expire.

Pub. L. 97–83, §15, Nov. 20, 1981, 95 Stat. 1096.

§1815 · Failure to comply with restrictions or provisions

If the corporation shall fail to comply with any of the restrictions or provisions of this chapter, the charter granted hereby shall expire.

Pub. L. 97–83, §16, Nov. 20, 1981, 95 Stat. 1096.

Chapter 51. American Council of Learned Societies

§1901 · Recognition as corporation and grant of Federal charter

The American Council of Learned Societies, organized and incorporated under the Nonprofit Corporation Act of the District of Columbia [D.C. Code, §29–501 et seq.], is hereby recognized as such and is granted a charter.

Pub. L. 97–192, §1, June 1, 1982, 96 Stat. 109.

§1902 · Powers of corporation

American Council of Learned Societies (hereinafter referred to as the “corporation”) shall have only those powers granted to it through its bylaws and articles of incorporation filed in the State or States in which it is incorporated and subject to the laws of such State or States.

Pub. L. 97–192, §2, June 1, 1982, 96 Stat. 109.

§1903 · Objects and purposes of corporation

The objects and purposes of the corporation are those provided in its articles of incorporation and shall include the advancement of the humanistic studies in all fields of learning and the maintenance and strengthening of relations among the national societies devoted to such studies, and the corporation shall function as authorized by the laws of the State or States where it is incorporated.

Pub. L. 97–192, §3, June 1, 1982, 96 Stat. 109.

§1904 · Service of process

With respect to service of process, the corporation shall comply with the laws of the States in which it is incorporated and those States in which it carries on its activities in furtherance of its corporate purposes.

Pub. L. 97–192, §4, June 1, 1982, 96 Stat. 109.

§1905 · Membership

Eligibility for membership in the corporation and the rights and privileges of members shall, except as provided in this chapter, be as provided in the constitution and bylaws of the corporation.

Pub. L. 97–192, §5, June 1, 1982, 96 Stat. 109.

§1906 · Board of directors

The board of directors of the corporation and the responsibilities thereof shall be as provided in the articles of incorporation of the corporation and in conformity with the laws of the State or States in which it is incorporated.

Pub. L. 97–192, §6, June 1, 1982, 96 Stat. 109.

§1907 · Officers

The officers of the corporation, and the election of such officers shall be as is provided in the articles of incorporation of the corporation and in conformity with the laws of the State or States wherein it is incorporated.

Pub. L. 97–192, §7, June 1, 1982, 96 Stat. 110.

§1908 · Restrictions

(a) Distribution of income or assets to members

No part of the income or assets of the corporation shall inure to any member, officer, or director of the corporation or be distributed to any such person during the life of this charter. Nothing in this subsection shall be construed to prevent the payment of reasonable compensation to the officers of the corporation or reimbursement for actual necessary expenses in amounts approved by the board of directors.

(b) Loans

The corporation shall not make any loan to any officer, director, or employee of the corporation.

(c) Political activities

The corporation and any officer and director of the corporation, acting as such officer or director, shall not contribute to, support or otherwise participate in any political activity or in any manner attempt to influence legislation.

(d) Issuance of stock; dividends

The corporation shall have no power to issue any shares of stock nor to declare or pay any dividends.

(e) Claim of approval or authorization

The corporation shall not claim congressional approval or Federal Government authority for any of its activities.

Pub. L. 97–192, §8, June 1, 1982, 96 Stat. 110.

§1909 · Liability for acts of officers and agents

The corporation shall be liable for the acts of its officers and agents when acting within the scope of their authority.

Pub. L. 97–192, §9, June 1, 1982, 96 Stat. 110.

§1910 · Books and records; inspection

The corporation shall keep

correct and complete

records of account;(2) minutes of the proceedings

books and records of account and shall keep minutes of any proceeding of the corporation involving any of its members, the board of directors,

and committees having any of the authority of its board of directors; and(3)

or any committee having authority under the board of directors. The corporation shall keep at its principal office, office a record of the names and addresses of

its members entitled to vote.(b) Inspection.—A member entitled to vote, or an agent or attorney of the member, may inspect the records of the corporation

all members having the right to vote. All books and records of such corporation may be inspected by any member having the right to vote, or by any agent or attorney of such member, for any proper purpose, at any reasonable time.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1289.

§20710 · Service of process

The corporation shall comply with the law on service of process of each State in which it is incorporated and each State in which it carries on activities.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1290.

§20711 · Liability for acts of officers and agents

The corporation is liable for the acts of its officers and agents acting within the scope of their authority.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1290.

§20712 Nothing in this section shall be construed to contravene any applicable State law.

Pub. L. 97–192, §10, June 1, 1982, 96 Stat. 110.

§1911 · Annual report

The corporation shall submit an annual report to Congress on report annually to the Congress concerning the activities of the corporation during the prior fiscal year. The preceding fiscal year. Such annual report shall be submitted at the same time as

the report of the audit required by section 10101 of this title. The report may not be printed as a public document.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1290.

Chapter 209. American Ex-Prisoners of War

§20901 · Definition

For purposes of this chapter, “State” includes the District of Columbia and the territories and possessions of the United States.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1290.

§20902 · Organization

(a) Federal Charter.—American Ex-Prisoners of War (in this chapter, the “corporation”), a nonprofit corporation incorporated in the State of Washington, is a federally chartered corporation.

(b) Expiration of Charter.—If the corporation does not comply with any provision of this chapter, the charter granted by this chapter expires.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1290.

§20903 · Purposes

The purposes of the corporation are as provided in the articles of incorporation and include—

(1) encouraging fraternity for the common good;

(2) fostering patriotism and loyalty;

(3) assisting widows and orphans of deceased ex-prisoners of war;

(4) assisting ex-prisoners of war who have been injured or disabled as a result of their service;

(5) maintaining allegiance to the United States;

(6) preserving and defending the United States from all enemies; and

(7) maintaining historical records.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1290.

§20904 · Membership

Except as provided in this chapter, eligibility for membership in the corporation and the rights and privileges of members are as provided in the bylaws.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1291.

§20905 · Governing body

(a) Board of Directors.—The board of directors and the responsibilities of the board are as provided in the articles of incorporation.

(b) Officers.—The officers and the election of officers are as provided in the articles of incorporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1291.

§20906 · Powers

The corporation has only the powers provided in its bylaws and articles of incorporation filed in each State in which it is incorporated.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1291.

§20907 · Exclusive right to name and emblem

The corporation has the exclusive right to use and to allow others to use the name “American Ex-Prisoners of War” and the official American Ex-Prisoners of War emblem or any colorable simulation of that emblem. This section does not affect any vested rights.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1291.

§20908 · Restrictions

(a) Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend.

(b) Political Activities.—The corporation or a director or officer as such may not contribute to, support, or participate in any political activity or in any manner attempt to influence legislation.

(c) Distribution of Income or Assets.—The income or assets of the corporation may not inure to the benefit of, or be distributed to, a director, officer, or member during the life of the charter granted by this chapter. This subsection does not prevent the payment of reasonable compensation to an officer or reimbursement for actual necessary expenses in amounts approved by the board or 

(d) Loans.—The corporation may not make a loan to a director, officer, or employee.

(e) Claim of Governmental Approval or Authority.—The corporation may not claim congressional approval or the authority in 

Pub. L. 97–192, §12 June 1, 1982, 96 Stat. 111.

§1912 · Reservation of right to amend or repeal chapter

The right to alter, amend, or repeal this chapter is expressly reserved to the Congress.

Pub. L. 97–192, §13, June 1, 1982, 96 Stat. 111.

§1913 · “State” defined

For purposes of this chapter, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions

of the United

States Government for any of its activities.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1291.

§20909 · Duty to maintain corporate and tax-exempt status

(a) Corporate Status.—The corporation shall maintain its status as a corporation incorporated under the laws of the State of Washington.

(b) Tax-Exempt Status.—The States.

Pub. L. 97–192, §14, June 1, 1982, 96 Stat. 111.

§1914 · Tax-exempt status

The

corporation shall maintain its status as an organization exempt from taxation

under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.).

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1291.

§20910 · Records and inspection

(a) Records.—The Corporation shall keep—

(1) correct and complete records of account;

(2) minutes of the proceedings of its members, board of directors, and committees having any of the authority of its board of directors; and

(3) at its principal office, a record of the names and addresses of its members entitled to vote.

(b) Inspection.—A member entitled to vote, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1292.

§20911 · Service of process

The corporation shall comply with the law on service of process of each State as provided in title 26. If the corporation fails to maintain such status, the charter granted hereby shall expire.

Pub. L. 97–192, §15, June 1, 1982, 96 Stat. 111.

Chapter 52. National Federation of Music Clubs

§2001 · Recognition as corporation and grant of Federal charter

The National Federation of Music Clubs, organized and incorporated under the laws of the State of Illinois, is hereby recognized as such and is granted a charter.

Pub. L. 97–231, §1, Aug. 9, 1982, 96 Stat. 256.

§2002 · Powers of corporation

The National Federation of Music Clubs (hereinafter referred to as the “corporation”) shall have only those powers granted to it through its bylaws and articles of incorporation filed in the State or States

in which it is incorporated and each State subject to the laws of such State or States.

Pub. L. 97–231, §2, Aug. 9, 1982, 96 Stat. 256.

§2003 · Objects and purposes of corporation

The objects and purposes for which the corporation is organized shall be those provided in its articles of incorporation and also shall be—

(1) to bring into working relations with one another, music clubs and other musical organizations and individuals directly or indirectly associated with musical activity for the purpose of developing and maintaining high musical standards;

(2) to aid and encourage musical education; and

(3) to promote American music and American artists throughout the United States of America and the world.

The corporation shall function as a patriotic, civic, and historical organization as authorized by the laws of the State or States wherein it is incorporated.

Pub. L. 97–231, §3, Aug. 9, 1982, 96 Stat. 256.

§2004 · Service of process

With respect to service of process, the corporation shall comply with the laws of the States in which it is incorporated and those States in which it carries on

activities.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1292.

§20912 its activities in furtherance of its corporate purposes.

Pub. L. 97–231, §4, Aug. 9, 1982, 96 Stat. 256.

§2005 · Membership

Eligibility for membership in the corporation and the rights and privileges of members shall be as provided in the bylaws of the corporation.

Pub. L. 97–231, §5, Aug. 9, 1982, 96 Stat. 256.

§2006 · Board of directors

The board of directors of the corporation and the responsibilities thereof shall be as provided in the articles of incorporation of the corporation and in conformity with the laws of the State or States in which it is incorporated.

Pub. L. 97–231, §6, Aug. 9, 1982, 96 Stat. 257.

§2007 · Officers

The officers of the corporation, and the election of such officers shall be as is provided in the articles of incorporation of the corporation and in conformity with the laws of the State or States wherein it is incorporated.

Pub. L. 97–231, §7, Aug. 9, 1982, 96 Stat. 257.

§2008 · Restrictions

(a) Distribution of income or assets to members

No part of the income or assets of the corporation shall inure to any member, officer, or director of the corporation or be distributed to any such person during the life of this charter. Nothing in this subsection shall be construed to prevent the payment of reasonable compensation to the officers of the corporation or reimbursement for actual necessary expenses in amounts approved by the board of directors.

(b) Loans

The corporation shall not make any loan to any officer, director, or employee of the corporation.

(c) Political activities

The corporation and any officer and director of the corporation, acting as such officer or director, shall not contribute to, support or otherwise participate in any political activity or in any manner attempt to influence legislation.

(d) Issuance of stock; dividends

The corporation shall have no power to issue any shares of stock nor to declare or pay any dividends.

(e) Claim of approval or authorization

The corporation shall not claim congressional approval or Federal Government authority for any of its activities.

(f) Retention of State corporate status

The corporation shall retain and maintain its status as a corporation organized and incorporated under the laws of the State of Illinois.

Pub. L. 97–231, §8, Aug. 9, 1982, 96 Stat. 257.

§2009 · Liability for acts of officers and agents

The corporation is shall be liable for the acts of its officers and agents when acting within the scope of their authority.

Pub. L.

105–225, Aug. 12, 1998, 112 Stat. 1292.§20913 97–231, §9, Aug. 9, 1982, 96 Stat. 257.

§2010 · Books and records; inspection

The corporation shall keep correct and complete books and records of account and shall keep minutes of any proceeding of the corporation involving any of its members, the board of directors, or any committee having authority under the board of directors. The corporation shall keep at its principal office a record of the names and addresses of all members having the right of 

Pub. L. 97–231, §10, Aug. 9, 1982, 96 Stat. 257.

§2011 · Annual report

The corporation shall submit an annual report to Congress on report annually to the Congress concerning the activities of the corporation during the prior fiscal year. The preceding fiscal year. Such annual report shall be submitted at the same time as is the report of the audit required by section 10101 1101(53) of this title. The report may shall not be printed as a public document.

Pub. L.

105–225, Aug. 12, 1998, 112 Stat. 1292.

Chapter 210. American Gi Forum of the United States

§21001 · Definition

For purposes of this chapter, “State” includes the District of Columbia and the territories and possessions of the United States.

Added Pub. L. 105–354, §1(5)(A), Nov. 3, 1998, 112 Stat. 3242.

§21002 · Organization

(a) Federal Charter.—American GI Forum of the United States (in this chapter, the “corporation”), a nonprofit corporation incorporated in Texas, is a federally chartered corporation.

(b) Expiration of Charter.—If the corporation does not comply with any provision of this chapter, the charter granted by this chapter expires.

Added Pub. L. 105–354, §1(5)(A), Nov. 3, 1998, 112 Stat. 3242.

§21003 · Purposes

(a) General.—The purposes of the corporation are as provided in its bylaws and articles of incorporation and include—

(1) securing the blessing of American democracy at every level of local, State, and national life for all United States citizens;

(2) upholding and defending the Constitution and the United States flag;

(3) fostering and perpetuating the principles of American democracy based on religious and political freedom for the individual and equal opportunity for all;

(4) fostering and enlarging equal educational opportunities, equal economic opportunities, equal justice under the law, and equal political opportunities for all United States citizens, regardless of race, color, religion, sex, or national origin;

(5) encouraging greater participation of the ethnic minority represented by the corporation in the policy-making and administrative activities of all departments, agencies, and other governmental units of local and State governments and the United States Government;

(6) combating all practices of a prejudicial or discriminatory nature in local, State, or national life which curtail, hinder, or deny to any United States citizen an equal opportunity to develop full potential as an individual; and

(7) fostering and promoting the broader knowledge and appreciation by all United States citizens of their cultural heritage and language.

(b) Corporate Function.—The corporation shall function as an educational, patriotic, civic, historical, and research organization under the laws of Texas.

Added Pub. L. 105–354, §1(5)(A), Nov. 3, 1998, 112 Stat. 3242.

§21004 · Membership

(a) Eligibility.—Except as provided in this chapter, eligibility for membership in the corporation and the rights and privileges of members are as provided in the bylaws and articles of incorporation.

(b) Nondiscrimination.—The terms of membership may not discriminate on the basis of race, color, religion, sex, disability, age, or national origin.

Added Pub. L. 105–354, §1(5)(A), Nov. 3, 1998, 112 Stat. 3243.

§21005 · Governing body

(a) Board of Directors.—The board of directors and the responsibilities of the board are as provided in the bylaws and articles of incorporation.

(b) Officers.—The officers and the election of officers are as provided in the bylaws and articles of incorporation.

(c) Nondiscrimination.—The requirements for serving as a director or officer may not discriminate on the basis of race, color, religion, sex, disability, age, or national origin.

Added Pub. L. 105–354, §1(5)(A), Nov. 3, 1998, 112 Stat. 3243.

§21006 · Powers

The corporation has only the powers provided in its bylaws and articles of incorporation filed in each State in which it is incorporated.

Added Pub. L. 105–354, §1(5)(A), Nov. 3, 1998, 112 Stat. 3243.

§21007 · Restrictions

(a) Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend.

(b) Distribution of Income or Assets.—The income or assets of the corporation may not inure to the benefit of, or be distributed to, a director, officer, or member during the life of the charter granted by this chapter. This subsection does not prevent the payment of reasonable compensation to an officer or employee or reimbursement for actual necessary expenses in amounts approved by the board of directors.

(c) Loans.—The corporation may not make a loan to a director, officer, employee, or member.

(d) Claim of Governmental Approval or Authority.—The corporation may not claim congressional approval or the authority 97–231, §12, Aug. 9, 1982, 96 Stat. 258.

§2012 · Reservation of right to amend or repeal chapter

The right to alter, amend, or repeal this chapter is expressly reserved to the Congress.

Pub. L. 97–231, §13, Aug. 9, 1982, 96 Stat. 258.

§2013 · “State” defined

For purposes of this chapter, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions

of the United

States Government for any of its activities.

Added Pub. L. 105–354, §1(5)(A), Nov. 3, 1998, 112 Stat. 3243.

§21008 · Duty to maintain corporate and tax-exempt status

(a) Corporate Status.—The corporation shall maintain its status as a corporation incorporated under the laws of Texas.

(b) Tax-Exempt Status.—The States.

Pub. L. 97–231, §14, Aug. 9, 1982, 96 Stat. 258.

§2014 · Tax-exempt status

The

corporation shall maintain its status as an organization exempt from taxation

under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.).

Added Pub. L. 105–354, §1(5)(A), Nov. 3, 1998, 112 Stat. 3243.

§21009 · Records and inspection

(a) Records.—The corporation shall keep—

(1) correct and complete records of account;

(2) minutes of the proceedings of its members, board of directors, and committees having any of the authority of its board of directors; and

(3) at its principal office, a record of the names and addresses of its members entitled to vote.

(b) Inspection.—A member entitled to vote, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time.

Added Pub. L. 105–354, §1(5)(A), Nov. 3, 1998, 112 Stat. 3243.

§21010 · Service of process

The corporation shall comply with the law on service of process of each State as provided in title 26. If the corporation fails to maintain such status, the charter granted hereby shall expire.

Pub. L. 97–231, §15, Aug. 9, 1982, 96 Stat. 258.

§2015 · Failure to comply with restrictions or provisions

If the corporation shall fail to comply with any of the restrictions or provisions of this chapter 

Pub. L. 97–231, §16, Aug. 9, 1982, 96 Stat. 258.

Chapter 53. American Ex-Prisoners of War

§2101 · Recognition as corporation and grant of Federal charter

American Ex-Prisoners of War, organized and incorporated under the Washington Nonprofit Corporation Act (Wash. Rev. Code Ann. 24.03.005) of the State of Washington by Charles Morgan, Junior, San Antonio, Texas; Edward Fisher, Fairhaven, Massachusetts; Charles Miller, La Jolla, California; C. Earl Derrington, Jackson, Mississippi; Edward Parks, Middleboro, Massachusetts; Henry Goodall, Houston, Texas; Stanley Sommers, Marshfield, Wisconsin; Edward Allen, N. Olmstead, Ohio; Irving Rittenberg, Brookline, Massachusetts; Edgar Van Valkenberg, Saint Petersburg, Florida; W. C. Musten, Winston-Salem, North Carolina; Clifford Omtvedt, Eau Claire, Wisconsin; Orlo Natvig, Charles City, Iowa; H. C. Griffin, Houston, Texas; Milton Moore, El Paso, Texas; Marie Harre, Fairway, Kansas; Alfred Galloway, Seattle, Washington; Reginald Reed, Bremerton, Washington; Ralph Moulis, Tucson, Arizona; Betty Rodriquez, Albuquerque, New Mexico; Randall Briere, San Antonio, Texas; Joseph G. Schisser, San Leon, Texas; Herman Molen, Las Vegas, Nevada; Joseph B. Upton, Saint Louis, Missouri; Harold Page, Buckley, Washington; D. C. Wimberly, Springhill, Louisiana; Albert Braun, Phoenix, Arizona; Melvin Madero, San Diego, California; Tillman Rutledge, San Antonio, Texas; Benson Guyton, Decatur, Alabama; Frank Hawkins, Oklahoma City, Oklahoma; Melvin Routt, Tracy, California; John Romine, Muskogee, Oklahoma; Christopher Morgan, Old Bridge, New Jersey; Allen Smith, Diana, Texas; and John G. Flynn, San Antonio, Texas, is hereby recognized as such and is granted a charter.

Pub. L. 97–234, §1, Aug. 10, 1982, 96 Stat. 261.

§2102 · Powers of corporation

American Ex-Prisoners of War (hereafter in this chapter referred to as the “corporation”) shall have only those powers granted to it through its bylaws and articles of incorporation filed in the State or States

in which it is incorporated and each State subject to the laws of such State or States.

Pub. L. 97–234, §2, Aug. 10, 1982, 96 Stat. 261.

§2103 · Objects and purposes of corporation

The objects and purposes of the corporation are those provided in its articles of incorporation and shall include—

(1) encouragement of fraternity for the common good;

(2) fostering patriotism and loyalty;

(3) assistance to widows and orphans of deceased ex-prisoners of war;

(4) assistance to ex-prisoners of war who have been injured or handicapped as a result of their service;

(5) maintenance of allegiance to the United States of America;

(6) preservation and defense of the United States from all of her enemies; and

(7) maintenance of historical records.

Pub. L. 97–234, §3, Aug. 10, 1982, 96 Stat. 261.

§2104 · Service of process

With respect to service of process, the corporation shall comply with the laws of the States in which it is incorporated and those States in which it carries on

activities.

Added Pub. L. 105–354, §1(5)(A), Nov. 3, 1998, 112 Stat. 3244.

§21011 its activities in furtherance of its corporate purposes.

Pub. L. 97–234, §4, Aug. 10, 1982, 96 Stat. 262.

§2105 · Membership

Eligibility for membership in the corporation and the rights and privileges of members shall be as provided in the bylaws of the corporation.

Pub. L. 97–234, §5, Aug. 10, 1982, 96 Stat. 262.

§2106 · Board of directors

The board of directors of the corporation and the responsibilities thereof shall be as provided in the articles of incorporation of the corporation and in conformity with the laws of the State or States in which it is incorporated.

Pub. L. 97–234, §6, Aug. 10, 1982, 96 Stat. 262.

§2107 · Officers

The officers of the corporation, and the election of such officers shall be as is provided in the articles of incorporation of the corporation and in conformity with the laws of the State or States wherein it is incorporated.

Pub. L. 97–234, §7, Aug. 10, 1982, 96 Stat. 262.

§2108 · Restrictions

(a) Distribution of income or assets to members

No part of the income or assets of the corporation shall inure to any member, officer, or director of the corporation or be distributed to any such person during the life of this charter. Nothing in this subsection shall be construed to prevent the payment of reasonable compensation to the officers of the corporation or reimbursement for actual necessary expenses in amounts approved by the board of directors.

(b) Loans

The corporation shall not make any loan to any officer, director, or employee of the corporation.

(c) Political activities

The corporation and any officer and director of the corporation, acting as such officer or director, shall not contribute to, support, or otherwise participate in any political activity or in any manner attempt to influence legislation.

(d) Issuance of stock; dividends

The corporation shall have no power to issue any shares of stock nor to declare or pay any dividends.

(e) Claim of approval or authorization

The corporation shall not claim congressional approval or Federal Government authority for any of its activities.

(f) Retention of State corporate status

The corporation shall retain and maintain its status as a corporation organized and incorporated under the laws of the State of Washington.

Pub. L. 97–234, §8, Aug. 10, 1982, 96 Stat. 262.

§2109 · Liability for acts of officers and agents

The corporation is shall be liable for the acts of its officers and agents when acting within the scope of their authority.

Added Pub. L. 105–354, §1(5)(A), Nov. 3, 1998, 112 Stat. 3244.

§21012

Pub. L. 97–234, §9, Aug. 10, 1982, 96 Stat. 263.

§2110 · Books and records; inspection

The corporation shall keep correct and complete books and records of account and shall keep minutes of any proceeding of the corporation involving any of its members, the board of directors, or any committee having authority under the board of directors. The corporation shall keep at its principal office a record of the names and addresses of all members having the right of 

Pub. L. 97–234, §10, Aug. 10, 1982, 96 Stat. 263.

§2111 · Annual report

The corporation shall submit an annual report to Congress on report annually to the Congress concerning the activities of the corporation during the prior fiscal year. The preceding fiscal year. Such annual report shall be submitted at the same time as is the report of the audit required by section 10101 1101(57) of this title. The report may shall not be printed as a public document.

Added Pub. L. 105–354, §1(5)(A), Nov. 3, 1998, 112 Stat. 3244.

Chapter 211. American Gold Star Mothers, Incorporated

§21101 · Definition

For purposes of this chapter, “State” includes the District of Columbia and the territories and possessions of the United States.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1292.

§21102 · Organization

(a) Federal Charter.—American Gold Star Mothers, Incorporated (in this chapter, the “corporation”), incorporated in the District of Columbia, is a federally chartered corporation.

(b) Expiration of Charter.—If the corporation does not comply with any provision of this chapter, the charter granted by this chapter expires.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1292.

§21103 · Purposes

The purposes of the corporation are as provided in the articles of incorporation and include a continuing commitment, on a national basis, to—

(1) keep alive and develop the spirit that promoted world services;

(2) maintain the ties of fellowship born of that service, and assist and further all patriotic work;

(3) inculcate a sense of individual obligation to the community, State, and Nation;

(4) assist veterans of World War I, World War II, the Korean Conflict, Vietnam, and other strategic areas and their dependents in the presentation of claims to the Department of Veterans Affairs, and aid in any way in their power the men and women who served and died or were wounded or incapacitated during hostilities;

(5) perpetuate the memory of those whose lives were sacrificed in our wars;

(6) maintain true allegiance to the United States;

(7) inculcate lessons of patriotism and love of country in the communities in which we live;

(8) inspire respect for the Stars and Stripes in the youth of America;

(9) extend needful assistance to all Gold Star Mothers and, when possible, to their descendants; and

(10) promote peace and good will for the United States and all other Nations.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1292.

§21104 · Membership

(a) Eligibility.—Except as provided in this chapter, eligibility for membership in the corporation and the rights and privileges of members are as provided in the constitution and bylaws.

(b) Nondiscrimination.—The terms of membership may not discriminate on the basis of race, color, religion, or national origin.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1293.

§21105 · Governing body

(a) Board of Directors.—The board of directors and the responsibilities of the board are as provided in the articles of incorporation.

(b) Officers.—The officers and the election of officers are as provided in the articles of incorporation.

(c) Nondiscrimination.—The requirements for holding office in the corporation may not discriminate on the basis of race, color, religion, or national origin.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1293.

§21106 · Powers

The corporation has only the powers provided in its bylaws and articles of incorporation filed in each State in which it is incorporated.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1293.

§21107 · Restrictions

(a) Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend.

(b) Distribution of Income or Assets.—The income or assets of the corporation may not inure to the benefit of, or be distributed to, a director, officer, or member during the life of the charter granted by this chapter. This subsection does not prevent the payment of reasonable compensation to an officer or reimbursement for actual necessary expenses in amounts approved by the board of directors.

(c) Loans.—The corporation may not make a loan to a director, officer, or employee.

(d) Claim of Governmental Approval or Authority.—The corporation may not claim congressional approval or the authority

Pub. L. 97–234, §12, Aug. 10, 1982, 96 Stat. 263.

§2112 · Reservation of right to amend or repeal chapter

The right to alter, amend, or repeal this chapter is expressly reserved to the Congress.

Pub. L. 97–234, §13, Aug. 10, 1982, 96 Stat. 263.

§2113 · “State” defined

For purposes of this chapter, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United

States Government for any of its activities.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1293.

§21108 · Duty to maintain corporate and tax-exempt status

(a) Corporate Status.—The corporation shall maintain its status as a corporation incorporated under the laws of each State in which it is incorporated.

(b) Tax-Exempt Status.—The States.

Pub. L. 97–234, §14, Aug. 10, 1982, 96 Stat. 263.

§2114 · Tax-exempt status

The

corporation shall maintain its status as an organization exempt from taxation under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.).

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1294.

§21109 · Records and inspection

(a) Records.—The corporation shall keep—

(1) correct and complete records of account;

(2) minutes of the proceedings of its members, board of directors, and committees having any of the authority of its board of directors; and

(3) at its principal office, a record of the names and addresses of its members entitled to vote.

(b) Inspection.—A member entitled to vote, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1294.

§21110 · Service of process

as provided in title 26. If the corporation fails to maintain such status, the charter granted hereby shall expire.

Pub. L. 97–234, §15, Aug. 10, 1982, 96 Stat. 263.

§2115 · Exclusive right to name and emblem

The corporation shall comply with the law on service of process of each State have the sole and exclusive right to use and to allow or refuse to others the use of the terms “American Ex-Prisoners of War”, and the official American Ex-Prisoners of War emblem or any colorable simulation thereof. No powers or privileges hereby granted shall, however, interfere or conflict with established or vested rights.

Pub. L. 97–234, §16, Aug. 10, 1982, 96 Stat. 263.

§2116 · Failure to comply with restrictions or provisions

If the corporation shall fail to comply with any of the restrictions or provisions of this chapter 

Pub. L. 97–234, §17, Aug. 10, 1982, 96 Stat. 264.

Chapter 54. Former Members of Congress

§2201 · Recognition as corporation and grant of Federal charter

Former Members of Congress, organized and incorporated under the Nonprofit Corporation Act of the District of Columbia [D.C. Code, §29–501 et seq.], is hereby recognized as such and is granted a charter.

Pub. L. 97–427, §1, Jan. 8, 1983, 96 Stat. 2265.

§2202 · Powers of corporation

Former Members of Congress (hereinafter referred to as the “corporation”) shall have only those powers granted to it through its bylaws and articles of incorporation filed in the State or States in which it is incorporated and each State subject to the laws of such State or States.

Pub. L. 97–427, §2, Jan. 8, 1983, 96 Stat. 2265.

§2203 · Objects and purposes of corporation

The objects and purposes of the corporation are those provided in its articles of incorporation and shall include the promotion of the cause of good government at the national level by improving the public understanding of the United States Congress as an institution and strengthening its support by the public. The corporation shall function as an educational, patriotic, civic, historical, and research organization as authorized by the laws of the State or States wherein it is incorporated.

Pub. L. 97–427, §3, Jan. 8, 1983, 96 Stat. 2265.

§2204 · Service of process

With respect to service of process, the corporation shall comply with the laws of the States in which it is incorporated and those States in which it carries on its activities in furtherance of its corporate purposes.

Pub. L. 97–427, §4, Jan. 8, 1983, 96 Stat. 2265.

§2205 · Membership

Eligibility for membership in the corporation and the rights and privileges of members shall be as provided in the bylaws of the corporation.

Pub. L. 97–427, §5, Jan. 8, 1983, 96 Stat. 2265.

§2206 · Board of directors

The board of directors of the corporation and the responsibilities thereof shall be as provided in the articles of incorporation of the corporation and in conformity with the laws of the State or States in which it is incorporated.

Pub. L. 97–427, §6, Jan. 8, 1983, 96 Stat. 2265.

§2207 · Officers

The officers of the corporation, and the election of such officers shall be as is provided in the articles of incorporation of the corporation and in conformity with the laws of the State or States wherein it is incorporated.

Pub. L. 97–427, §7, Jan. 8, 1983, 96 Stat. 2266.

§2208 · Restrictions

(a) Distribution of income or assets to members

No part of the income or assets of the corporation shall inure to any member, officer, or director of the corporation or be distributed to any such person during the life of this charter. Nothing in this subsection shall be construed to prevent the payment of reasonable compensation to the officers of the corporation or reimbursement for actual necessary expenses in amounts approved by the board of directors.

(b) Loans

The corporation shall not make any loan to any officer, director, or employee of the corporation.

(c) Political activities

The corporation and any officer and director of the corporation, acting as such officer or director, shall not contribute to, support or otherwise participate in any political activity or in any manner attempt to influence legislation.

(d) Issuance of stock; dividends

The corporation shall have no power to issue any shares of stock nor to declare or pay any dividends.

(e) Claim of approval or authorization

The corporation shall not claim congressional approval or Federal Government authority for any of its activities.

Pub. L.

105–225, Aug. 12, 1998, 112 Stat. 1294.§21111 97–427, §8, Jan. 8, 1983, 96 Stat. 2266.§2209 · Liability for acts of officers and agents

The corporation is shall be liable for the acts of its officers and agents when acting within the scope of their authority.

Pub. L.

105–225, Aug. 12, 1998, 112 Stat. 1294.§21112 97–427, §9, Jan. 8, 1983, 96 Stat. 2266.

§2210 · Books and records; inspection

The corporation shall keep correct and complete books and records of account and shall keep minutes of any proceeding of the corporation involving any of its members, the board of directors, or any committee having authority under the board of directors. The corporation shall keep at its principal office a record of the names and addresses of all members having the right of 

Pub. L. 97–427, §10, Jan. 8, 1983, 96 Stat. 2266.

§2211 · Annual report

The corporation shall submit an annual report to Congress on report annually to the Congress concerning the activities of the corporation during the prior fiscal year. The preceding fiscal year. Such annual report shall be submitted at the same time as is the report of the audit required by section 10101 1101(59) of this title. The report may shall not be printed as a public document.

Pub. L.

105–225, Aug. 12, 1998, 112 Stat. 1294.

Chapter 213. American Historical Association

§21301 · Organization

American Historical Association (in 97–427, §12, Jan. 8, 1983, 96 Stat. 2266.

§2212 · Reservation of right to amend or repeal chapter

The right to alter, amend, or repeal this chapter is expressly reserved to the Congress.

Pub. L. 97–427, §13, Jan. 8, 1983, 96 Stat. 2267.

§2213 · “State” defined

For purposes of

this chapter, the “corporation”) is a body corporate and politic in term “State” includes the District of

Columbia.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1294.

§21302 · Purposes

The purposes of the corporation are—

(1) to promote historical studies;

(2) to collect and preserve historical manuscripts; and

(3) other kindred purposes in the interest of American history and of history in America.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1294.

§21303 · Powers

The corporation may—

(1) adopt a constitution and bylaws; and

(2) hold property in the District of Columbia necessary to carry out the purposes of the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1295.

§21304 · Annual meeting

The corporation may hold its annual meeting in a place the members of the corporation select.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1295.

§21305 · Principal office

The principal office of the corporation shall be in the District of Columbia.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1295.

§21306 · Historical collections

The Regents of the Smithsonian Institution may allow the corporation to deposit its collections, manuscripts, books, pamphlets, and other historical material in the Smithsonian Institution or the National Museum on conditions and under regulations the Regents prescribe.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1295.

§21307 · Annual report

The corporation shall submit an annual report to the Secretary of the Smithsonian Institution on the activities of the corporation and the condition of historical study in America. The Secretary shall submit to Congress any part of the report the Secretary decides is appropriate.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1295.

Chapter 215. American Hospital of Paris

§21501 · Organization

(a) Federal Charter.—American Hospital of Paris (in this chapter, the “corporation”) is a federally chartered corporation.

(b) Place of Incorporation.—The corporation is declared to be incorporated in the District of Columbia.

(c) Perpetual Existence.—Except as otherwise provided, the corporation has perpetual existence.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1295.

§21502 · Purpose

The purpose of the corporation is to maintain a hospital in the vicinity of Paris, France, to provide medical and surgical care to citizens

Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States.

Pub. L.

105–225, Aug. 12, 1998, 112 Stat. 1295.

§21503 · Governing body

(a) General.—(1) The board of governors is the governing body of the corporation.

(2) The board shall have at least 12 governors, divided into 3 classes of equal numbers. One class of governors shall be elected each year for a term of 3 years or until their successors are elected. The corporation shall elect the governors at its annual meeting.

(b) Quorum.—Five governors are a quorum for the transaction of business, except that a majority vote of the board is required for—

(1) the sale or alienation of any real or personal estate of the corporation; or

(2) the leasing of real estate of the corporation for a term of more than one year.

(c) Powers.—The board may—

(1) adopt and amend bylaws, as may be necessary and proper, related to—

(A) elections and meetings;

(B) qualifications and duties of governors and officers;

(C) admission and qualifications of members; and

(D) management and disposition of the property, business, and concerns of the corporation;

(2) conduct all business of the corporation;

(3) fill, until the next annual election, a vacancy on the board; and

(4) appoint attending and resident physicians and surgeons, agents, assistants, and attendants as may be necessary, set their compensation, and discharge them.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1295.

§21504 · Acquisition and management of property

The corporation may acquire, own, lease, encumber, and transfer property, in the United States and France, to carry out the purposes of the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1296.

§21505 · Charges for medical services

The corporation may charge a reasonable compensation for providing medical and surgical services or may provide those services without charge. Amounts received under this section shall be used to carry out the purposes of the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1296.

§21506 · Principal office

The principal office of the corporation shall be in the District of Columbia. However, offices may be maintained and meetings of the board of governors and committees may be held elsewhere.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1296.

§21507 · 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. 1296.

Chapter 217. The American Legion

§21701 · Organization

(a) Federal Charter.—The American Legion (in this chapter, the “corporation”) is a federally chartered corporation.

(b) Perpetual Existence.—Except as otherwise provided, the corporation has perpetual existence.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1297.

§21702 · Purposes

The purposes of the corporation are—

(1) to uphold and defend the Constitution of the United States;

(2) to promote peace and good will among the peoples of the United States and all the nations of the Earth;

(3) to preserve the memories and incidents of the 2 World Wars and the other great hostilities fought to uphold democracy;

(4) to cement the ties and comradeship born of service; and

(5) to consecrate the efforts of its members to mutual helpfulness and service to their country.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1297.

§21703 · Membership

An individual is eligible for membership in the corporation only if the individual—

(1) has served in the Armed Forces of—

(A) the United States at any time during any period from—

(i) April 6, 1917, through November 11, 1918;

(ii) December 7, 1941, through December 31, 1946;

(iii) June 25, 1950, through January 31, 1955;

(iv) February 28, 1961, through May 7, 1975;

(v) August 24, 1982, through July 31, 1984;

(vi) December 20, 1989, through January 31, 1990; or

(vii) August 2, 1990, through the date of cessation of hostilities, as decided by the United States Government; or

(B) a government associated with the United States during a period referred to in subclause (A) of this clause and was a citizen of the United States when the individual entered that service; and

(2) was honorably discharged or separated from that service or continues to serve honorably after that period.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1297; Pub. L. 105–354, §1(6), Nov. 3, 1998, 112 Stat. 3244.

§21704 · Powers

The corporation may—

(1) adopt a constitution, bylaws, and regulations to carry out the purposes of the corporation;

(2) adopt and alter a corporate seal;

(3) establish and maintain offices to conduct its activities;

(4) establish State and territorial organizations and local chapter or post organizations;

(5) acquire, own, lease, encumber, and transfer property as necessary to carry out the purposes of the corporation;

(6) publish a magazine and other publications;

(7) sue and be sued; and

(8) do any other act necessary and proper to carry out the purposes of the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1297.

§21705 · Exclusive right to name, emblems, and badges

The corporation and its State and local subdivisions have the exclusive right to use the name “The American Legion” or “American Legion”. The corporation has the exclusive right to use, manufacture, and control the right to manufacture, emblems and badges the corporation adopts.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1298.

§21706 · Political activities

The corporation shall be nonpolitical and may not promote the candidacy of an individual seeking public office.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1298.

§21707 · Service of process

As a condition to the exercise of any power or privilege granted by this chapter, the corporation shall file, with the secretary of state or other designated official of each State, the name and address of an agent in that State on whom legal process or demands against the corporation may be served.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1298.

§21708 · Annual report

Not later than January 1 of each year, the corporation shall submit a report to Congress on the activities of the corporation during the prior calendar year. The report may not be printed as a public document.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1298.

Chapter 219. The American National Theater and Academy

§21901 · Organization

(a) Federal Charter.—The American National Theater and Academy (in this chapter, the “corporation”) is a federally chartered corporation.

(b) Perpetual Existence.—Except as otherwise provided, the corporation has perpetual existence.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1298.

§21902 · Purposes

The purposes of the corporation include—

(1) the presentation of theatrical productions of the highest type;

(2) the stimulation of public interest in the drama as an art belonging both to the theater and to literature and to be enjoyed both on the stage and in the study;

(3) the advancement of interest in the drama throughout the United States by furthering the production of the best plays, interpreted by the best actors at a minimum cost;

(4) the further development of the study of drama of the present and past in our universities, colleges, schools, and elsewhere; and

(5) the sponsoring, encouraging, and developing of the art and technique of the theater through a school within the National Academy.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1298.

§21903 · Powers

The corporation may—

(1) adopt a constitution, bylaws, and regulations;

(2) adopt and alter a corporate seal;

(3) establish and maintain offices and buildings to conduct its activities;

(4) establish State and territorial organizations and local branches;

(5) acquire, own, lease, encumber, and transfer property as necessary to carry out the purposes of the corporation, subject to its constitution and instructions of donors;

(6) sue and be sued; and

(7) do any other act necessary and proper to carry out the purposes of the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1299.

§21904 · Exclusive right to name

The corporation and its State and local branches and subdivisions have the exclusive right to use the name “The American National Theater and Academy”.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1299.

§21905 · Restrictions

(a) Profit and Stock.—The corporation shall be nonprofit and may not issue stock.

(b) Political Activities.—The corporation shall be nonpolitical and nonsectarian, and may not promote the candidacy of an individual seeking public office.

(c) Honorary Members.—The corporation may not have honorary members.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1299.

§21906 · Headquarters and meetings

The corporation may have its headquarters and hold its meetings at places the corporation decides are best.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1299.

§21907 · Service of process

As a condition to the exercise of any power or privilege granted by this chapter, the corporation shall file, with the secretary of state or other designated official of the District of Columbia or of each State, territory, or possession of the United States in which its headquarters, branches, or subdivisions are located, the name and address of an agent in that jurisdiction on whom legal process or demands against the corporation may be served.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1299.

§21908 · Annual report

Not later than January 1 of each year, the corporation shall submit a report to Congress on the activities of the corporation during the prior calendar year, including a complete report of its receipts and expenditures. The report may not be printed as a public document.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1299.

Chapter 221. The American Society of International Law

§22101 · Organization

(a) Federal Charter.—The American Society of International Law (in this chapter, the “corporation”) is a federally chartered corporation.

(b) Perpetual Existence.—Except as otherwise provided, the corporation has perpetual existence.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1300.

§22102 · Purposes

The purposes of the corporation are—

(1) to foster the study of international law; and

(2) to promote the establishment and maintenance of international relations on the basis of law and justice.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1300.

§22103 · Governing body

(a) Executive Council.—(1) The executive council is the governing body of the corporation. However, the council is subject to the directions of the corporation at its annual meetings and at any other meeting called under the constitution, bylaws, or regulations of the corporation.

(2) The council consists of a president, an honorary president, a number of vice presidents and honorary vice presidents as provided in the constitution, a secretary, a treasurer, and at least 24 additional individuals.

(b) Election and Terms.—The officers of the corporation and one-third of the other members of the council shall be elected at each annual meeting of the corporation. However, the constitution may authorize the council—

(1) to elect the secretary and the treasurer of the corporation for specified terms; and

(2) to fill vacancies until the next annual meeting.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1300.

§22104 · Powers

The corporation may—

(1) adopt and amend a constitution, bylaws, and regulations for the management of its property and the regulation of its affairs;

(2) adopt and alter a corporate seal;

(3) choose officers, managers, and agents as the activities of the corporation require;

(4) make contracts;

(5) acquire, own, lease, encumber, and transfer property as necessary to carry out the purposes of the corporation;

(6) borrow money, issue instruments of indebtedness, and secure its obligations by granting security interests in its property;

(7) publish a journal and other publications;

(8) sue and be sued; and

(9) do any other act necessary and proper to carry out the purposes of the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1300.

§22105 · Restrictions

(a) Profit.—The corporation may not operate for profit.

(b) Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend.

(c) Political Activities.—The corporation or an officer or member of the executive council as such may not contribute to, support, or assist a political party or candidate for elective public office.

(d) Distribution of Income or Assets.—The income or assets of the corporation may not inure to the benefit of, or be distributed to, a member of the corporation or an officer or member of the executive council, except on the dissolution or final liquidation of the corporation.

(e) Loans.—The corporation may not make a loan or advance to an officer or member of the executive council. Members of the council who vote for or assent to making a loan or advance to an officer or member of the council, and officers who participate in making the loan or advance, are jointly and severally liable to the corporation for the amount of the loan or advance until it is repaid.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1301.

§22106 · Principal office

The principal office of the corporation shall be in the District of Columbia. However, the activities of the corporation are not confined to the District of Columbia but may be conducted throughout the United States.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1301.

§22107 · Records and inspection

(a) Records.—The corporation shall keep—

(1) correct and complete records of account;

(2) minutes of the proceedings of its members, executive council, and committees having any of the authority of its executive council; and

(3) at its principal office, a record of the names and addresses of its members entitled to vote.

(b) Inspection.—A member, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1301.

§22108 · Service of process

The corporation shall have a designated agent in the District of Columbia to receive service of process for the corporation. Notice to or service on the agent, or mailed to the business address of the agent, is notice to or service on the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1301.

§22109 · Liability for acts of officers and agents

The corporation is liable for the acts of its officers and agents acting within the scope of their authority.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1301.

Chapter 223. American Symphony Orchestra League

§22301 · Organization

(a) Federal Charter.—American Symphony Orchestra League (in this chapter, the “corporation”) is a federally chartered corporation.

(b) Perpetual Existence.—Except as otherwise provided, the corporation has perpetual existence.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1302.

§22302 · Purposes

The purposes of the corporation are—

(1) to serve as a coordinating, research, and educational agency and clearinghouse for symphony orchestras to help strengthen the work in their local communities;

(2) to assist in the formation of new symphony orchestras;

(3) to encourage and recognize the work of America's musicians, conductors, and composers, through suitable means; and

(4) to aid the expansion of the musical and cultural life of the United States through suitable educational and service activities.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1302.

§22303 · Membership

(a) Eligibility.—Except as provided in this chapter, eligibility for membership in the corporation and the rights, privileges, and designation of classes of members are as provided in the constitution and bylaws of the corporation.

(b) Voting.—Each member (except an honorary, sustaining, or associate member) has one vote on each matter submitted to a vote at a meeting of the members.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1302.

§22304 · Governing body

(a) Board of Directors.—(1) The board of directors is the governing body of the corporation. Between meetings of the members of the corporation, the board is responsible for the general policies and program of the corporation and for the control of contributions raised by the corporation.

(2) The number of directors, their manner of selection (including the filling of vacancies), and their term of office are as provided in the constitution and bylaws of the corporation.

(b) Officers.—(1) The officers of the corporation are a president, one or more vice presidents as provided in the constitution and bylaws, a secretary, a treasurer, and one or more assistant secretaries and assistant treasurers as provided in the constitution and bylaws.

(2) The manner of election, term of office, and duties of the officers are as provided in the constitution and bylaws.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1302.

§22305 · Powers

The corporation may—

(1) adopt and amend a constitution and bylaws for the management of its property and the regulation of its affairs;

(2) adopt and alter a corporate seal;

(3) choose officers, managers, agents, and employees as the activities of the corporation require;

(4) make contracts;

(5) acquire, own, lease, encumber, and transfer property as necessary or convenient to carry out the purposes of the corporation;

(6) borrow money, issue instruments of indebtedness, and secure its obligations by granting security interests in its property; and

(7) sue and be sued.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1302.

§22306 · Exclusive right to name, insignia, emblems, and badges

The corporation has the exclusive right to use the name “American Symphony Orchestra League” and distinctive insignia, emblems and badges, descriptive or designating marks, and words or phrases required to carry out the duties and powers of the corporation. This section does not affect any vested rights.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1303.

§22307 · Restrictions

(a) Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend.

(b) Political Activities.—The corporation or a director or officer as such may not contribute to, support, or assist a political party or candidate for public office.

(c) Distribution of Income or Assets.—The income or assets of the corporation may not inure to the benefit of, or be distributed to, a director, officer, or member as such during the life of the corporation or on its dissolution or final liquidation. This subsection does not prevent the payment of compensation to an officer in an amount approved by the board of directors.

(d) Loans.—The corporation may not make a loan or advance to a director, officer, or employee. Directors who vote for or assent to making a loan or advance to a director, officer, or employee, and officers who participate in making the loan or advance, are jointly and severally liable to the corporation for the amount of the loan or advance until it is repaid.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1303.

§22308 · Principal office

The principal office of the corporation shall be in Charleston, West Virginia, or another place decided by the board of directors. However, the activities of the corporation are not confined to the place where the principal office is located but may be conducted throughout the States, territories, and possessions of the United States.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1303.

§22309 · Records and inspection

(a) Records.—The corporation shall keep—

(1) correct and complete records of account;

(2) minutes of the proceedings of its members, board of directors, and committees having any of the authority of its board of directors; and

(3) at its principal office, a record of the names and addresses of its members entitled to vote.

(b) Inspection.—A member entitled to vote, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1303.

§22310 · Service of process

The corporation shall have a designated agent in the District of Columbia to receive service of process for the corporation. Notice to or service on the agent, or mailed to the business address of the agent, is notice to or service on the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1304.

§22311 · Liability for acts of officers and agents

The corporation is liable for the acts of its officers and agents acting within the scope of their authority.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1304.

§22312 · Distribution of assets on dissolution or final liquidation

On dissolution or final liquidation of the corporation, any assets remaining after the discharge of all liabilities shall be distributed as provided by the board of directors, but in compliance with the constitution and bylaws of the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1304.

Chapter 225. American War Mothers

§22501 · Organization

(a) Federal Charter.—American War Mothers (in this chapter, the “corporation”) is a federally chartered corporation.

(b) Place of Incorporation.—The corporation is declared to be incorporated in the District of Columbia.

(c) Period of Existence.—The corporation may continue to exist until there are no individuals who qualify for membership.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1304.

§22502 · Purposes

The purposes of the corporation are—

(1) to keep alive and develop the spirit that promoted world service;

(2) to maintain the ties of fellowship born of that service and to assist and further any patriotic work;

(3) to inculcate a sense of individual obligation to the community, State, and Nation;

(4) to work for the welfare of the Army and Navy;

(5) to assist, in any way in their power, men and women who served and were wounded or incapacitated in World War I; and

(6) to foster and promote friendship and understanding between America and the Allies in World War I.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1304.

§22503 · Membership

Eligibility for membership in the corporation is limited to women—

(1) who are citizens of the United States; and

(2) whose natural son or daughter, legally adopted son or daughter, or stepson or stepdaughter—

(A) served in the Armed Forces of the United States or its allies in World War I, World War II, the Korean conflict, or any subsequent war or conflict involving the United States; and

(B) was honorably discharged from that service or continues in the service.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1304.

§22504 · Powers

The corporation may—

(1) adopt a constitution, bylaws, and regulations;

(2) adopt and alter a corporate seal;

(3) adopt emblems and badges;

(4) establish and maintain offices to conduct its activities;

(5) establish State, territorial, and local subdivisions;

(6) acquire, own, lease, encumber, and transfer property as necessary to carry out the purposes of the corporation, subject to section 22506(b) of this title;

(7) publish a magazine and other publications;

(8) sue and be sued; and

(9) do any other act necessary and proper to carry out its purposes.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1305.

§22505 · Exclusive right to name

The corporation and its State, territorial, and local subdivisions have the exclusive right to use the name “American War Mothers”.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1305.

§22506 · Restrictions

(a) General.—The corporation shall be nonprofit, nonpolitical, nonsectarian, and nonpartisan, and may not promote the candidacy of an individual seeking public office.

(b) Ownership and Use of Property.—The corporation may not accept, own, or hold, directly or indirectly, any property not reasonably necessary to carry out the purposes of the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1305.

§22507 97–427, §14, Jan. 8, 1983, 96 Stat. 2267.§2214 · Tax-exempt status

The

personal property and funds of the corporation, whether principal or income, so long as held or used only to carry out the purposes of the corporation, are exempt from taxation by the United States Government, the District of Columbia, and the territories and possessions of the United States.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1305.

§22508 · Meetings

The corporation may hold its meetings at any place the corporation decides.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1305.

§22509 · Service of process

As a condition to the exercise of any power or privilege granted by this chapter, the corporation shall file, with the secretary of state or other designated official of each State, the name and address of an agent in that State on whom legal process or demands against the corporation may be served.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1305.

§22510 · Annual report

Not later than January 1 of each year, the corporation shall submit a report to Congress on the activities of the corporation during the prior calendar year. The report may not be printed as a public document.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1305.

Chapter 227. Amvets (American Veterans of World War Ii, Korea, and Vietnam)

§22701 · Organization

(a) Federal Charter.—AMVETS (American Veterans of World War II, Korea, and Vietnam) (in this chapter, the “corporation”) is a federally chartered corporation.

(b) Perpetual Existence.—Except as otherwise provided, the corporation has perpetual existence.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1306.

§22702 · Purposes

The purposes of the corporation are—

(1) to preserve for ourselves and our posterity the great and basic truths and enduring principles upon which this Nation was founded;

(2) to maintain a continuing interest in the welfare and rehabilitation of the disabled veterans of World War II, the Korean conflict, and the Vietnam era and to establish facilities for the assistance of all veterans and to represent them in their claims before the Department of Veterans Affairs and other organizations without charge;

(3) to dedicate ourselves to the service and best interests of the community, State, and Nation to the end that our country shall be and remain forever a whole, strong, and free Nation;

(4) to aid and encourage the abolition of prejudice, ignorance, and disease;

(5) to encourage universal exercise of the voting franchise to the end that there shall be elected and maintained in public office men and women who hold public office as a public trust administered in the best interests of all the people;

(6) to advocate the development and means by which all Americans may become enlightened and informed citizens and thus participate fully in the functions of our democracy;

(7) to encourage and support an international organization of all peace-loving nations to the end that not again shall any nation be permitted to breach their national peace;

(8) to continue to serve the best interests of our Nation in peace as in war;

(9) to develop to the utmost the human, mental, spiritual, and economical resources of our Nation;

(10) to perpetuate and preserve the friendships and comradeship born on the battle front and nurtured in the common experience of service to our Nation during time of war; and

(11) to honor the memory of those men and women who gave their lives that a free America and a free world might live by the creation of living memorials in the form of additional educational, cultural, and recreational facilities.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1306.

§22703 · Membership

(a) Eligibility.—Except as provided in this chapter, eligibility for membership in the corporation and the rights and privileges of members are as provided in the constitution and bylaws of the corporation.

(b) Voting.—Each member has one vote in the conduct of official business at the post level.

(c) Nondiscrimination.—The terms of membership may not discriminate on the basis of race, color, religion, sex, or national origin.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1307.

§22704 · Governing body

(a) Delegates to National Conventions.—Each post may elect delegates to national conventions of the corporation. The delegates each have one vote in the conduct of business of the convention to which they are elected.

(b) Executive Committee.—The executive committee of the corporation consists of—

(1) one member elected to represent each department; and

(2) the officers of the corporation as ex officio members.

(c) Officers.—(1) The officers of the corporation are a national commander, seven national vice commanders, one of whom shall be a woman, a finance officer, an adjutant, a judge advocate, and a provost marshal.

(2) The officers shall be elected by the delegates at the annual national convention.

(d) Nondiscrimination.—The requirements for holding office in the corporation may not discriminate on the basis of race, color, religion, sex, or national origin.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1307.

§22705 · Powers

(a) General.—The corporation may—

(1) adopt bylaws and regulations for the management of its property and the regulation of its affairs;

(2) adopt seals, emblems, and badges;

(3) choose officers, representatives, and agents as necessary to carry out the purposes of the corporation;

(4) make contracts;

(5) establish State and regional organizations and local posts;

(6) acquire, own, lease, encumber, and transfer property as necessary to carry out the purposes of the corporation;

(7) borrow money, issue instruments of indebtedness, and secure its obligations by granting security interests in its property;

(8) publish a magazine, newspaper, and other publications consistent with the purposes of the corporation;

(9) sue and be sued; and

(10) do any other act necessary and proper to carry out the purposes of the corporation.

(b) Powers Granted to Other Organizations.—The provisions, privileges, and prerogatives granted before July 24, 1947, to other national veterans’ organizations because of their incorporation by Congress are granted to the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1307.

§22706 · Exclusive right to name, seals, emblems, and badges

The corporation and its State, regional, and local subdivisions have the exclusive right to use the name “AMVETS (American Veterans of World War II, Korea, and Vietnam)” and seals, emblems, and badges the corporation adopts.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1308.

§22707 · Restrictions

(a) Profit.—The corporation shall operate as a not-for-profit corporation, exclusively for charitable, educational, patriotic, and civic improvement purposes.

(b) Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend.

(c) Political Activities.—The corporation or an officer of the corporation or member of its executive committee as such may not contribute to, support, or assist a political party or candidate for elective public office. The corporation may not carry on propaganda.

(d) Distribution of Income or Assets.—The income or assets of the corporation may not inure to the benefit of, or be distributed to, a director, officer, or member of the corporation, except on dissolution or final liquidation of the corporation.

(e) Loans.—The corporation may not make a loan or advance to a director or officer. Directors who vote for or assent to making a loan or advance to a director or officer, and officers who participate in making the loan or advance, are jointly and severally liable to the corporation for the amount of the loan or advance until it is repaid.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1308.

§22708 · Headquarters and principal place of business

The headquarters and principal place of business of the corporation shall be in the District of Columbia. However, the activities of the corporation are not confined to the District of Columbia but may be conducted throughout the States, territories, and possessions of the United States.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1308.

§22709 · Records and inspection

(a) Records.—The corporation shall keep—

(1) correct and complete records of account;

(2) minutes of the proceedings of its members, executive committee, and committees having any of the authority of its executive committee; and

(3) at its registered or principal office, a record of the names and addresses of its members entitled to vote.

(b) Inspection.—A member, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1308.

§22710 · Service of process

(a) District of Columbia.—The corporation shall have a designated agent in the District of Columbia to receive service of process for the corporation. Notice to or service on the agent, or mailed to the business address of the agent, is notice to or service on the corporation.

(b) States.—As a condition to the exercise of any power or privilege granted by this chapter, the corporation shall file, with the secretary of state or other designated official of each State, the name and address of an agent in that State on whom legal process or demands against the corporation may be served.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1308.

§22711 · Liability for acts of officials, representatives, and agents

The corporation is liable for the acts of its officials, representatives, and agents acting within the scope of their authority.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1309.

§22712 · Distribution of assets on dissolution or final liquidation

On dissolution or final liquidation of the corporation, any assets remaining after the discharge or satisfactory provision for discharge of all liabilities shall be transferred to the Secretary of Veterans Affairs to be applied to the care and comfort of disabled veterans of World War II, the Korean conflict, and the Vietnam era.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1309.

Chapter 229. Army and Navy Union of the United States of America

§22901 · Definition

For purposes of this chapter, “State” includes the District of Columbia and the territories and possessions of the United States.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1309.

§22902 · Organization

(a) Federal Charter.—Army and Navy Union of the United States of America (in this chapter, the “corporation”), incorporated in Ohio, is a federally chartered corporation.

(b) Expiration of Charter.—If the corporation does not comply with any provision of this chapter, the charter granted by this chapter expires.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1309.

§22903 · Purposes

The purposes of the corporation are as provided in its articles of incorporation and include—

(1) holding true allegiance to the United States Government and fidelity to its Constitution, laws, and institutions;

(2) serving our Nation under God in peace as well as in war by fostering the ideals of faith and patriotism, loyalty, justice, and liberty, by inculcating in the hearts of young and old, through precept and practice, the spirit of true Americanism, and by participating in civic activities for the good of our country and our community;

(3) uniting in fraternal fellowship those who have served, or are now serving, honorably in the Armed Forces of the United States;

(4) protecting and advancing their civic, social, and economic welfare;

(5) aiding them in sickness and distress;

(6) assisting in the burial and commemoration of their dead and providing help for their widows and orphans; and

(7) perpetuating the memory of patriotic deeds performed by the defenders of our country.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1309.

§22904 · Membership

Eligibility for membership in the corporation and the rights and privileges of members are as provided in the bylaws.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1310.

§22905 · Governing body

(a) Board of Directors.—The board of directors and the responsibilities of the board are as provided in the articles of incorporation.

(b) Officers.—The officers and the election of officers are as provided in the articles of incorporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1310.

§22906 · Powers

The corporation has only the powers provided in its bylaws and articles of incorporation filed in each State in which it is incorporated.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1310.

§22907 · Restrictions

(a) Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend.

(b) Political Activities.—The corporation or a director or officer as such may not contribute to, support, or participate in any political activity or in any manner attempt to influence legislation.

(c) Distribution of Income or Assets.—The income or assets of the corporation may not inure to the benefit of, or be distributed to, a director, officer, or member during the life of the charter granted by this chapter. This subsection does not prevent the payment of reasonable compensation to an officer or reimbursement for actual necessary expenses in amounts approved by the board of directors.

(d) Loans.—The corporation may not make a loan to a director, officer, or employee.

(e) Claim of Governmental Approval or Authority.—The corporation may not claim congressional approval or the authority of the United States Government for any of its activities.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1310.

§22908 · Duty to maintain corporate and tax-exempt status

(a) Corporate Status.—The corporation shall maintain its status as a corporation incorporated under the laws of Ohio.

(b) Tax-Exempt Status.—The

corporation shall maintain its status as an organization exempt from taxation

under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.).

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1310.

§22909 · Records and inspection

(a) Records.—The corporation shall keep—

(1) correct and complete records of account;

(2) minutes of the proceedings of its members, board of directors, and committees having as provided in title 26. If the corporation fails to maintain such status, the charter granted hereby shall expire.

Pub. L. 97–427, §15, Jan. 8, 1983, 96 Stat. 2267.

§2215 · Failure to comply with restrictions or provisions

If the corporation shall fail to comply with

any of the

authority of its board of directors; and

(3) at its principal office, a record of the names and addresses of its members entitled to vote.

(b) Inspection.—A member entitled to vote, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1310.

§22910 · Service of process

The corporation restrictions or provisions of this chapter 

Pub. L. 97–427, §16, Jan. 8, 1983, 96 Stat. 2267.

Chapter 55. National Academy of Public Administration

§2301 · Recognition as corporation and grant of Federal charter

The National Academy of Public Administration, organized and incorporated under the laws of the District of Columbia, is hereby recognized as such and is granted a charter.

Pub. L. 98–257, §1, Apr. 10, 1984, 98 Stat. 127.

§2302 · Corporate powers

The National Academy of Public Administration (hereinafter referred to as the “academy”) 

Pub. L. 98–257, §2, Apr. 10, 1984, 98 Stat. 127.

§2303 · Objects and purposes of corporation

The objects and purposes for which the Academy is organized shall be those provided in its articles of incorporation and shall include—

(1) evaluating the structure, administration, operation, and program performance of Federal and other governments and government agencies, anticipating, identifying, and analyzing significant problems and suggesting timely corrective action;

(2) foreseeing and examining critical emerging issues in governance, formulating practical approaches to their resolution;

(3) assessing the effectiveness, structure, administration, and implications for governance of present or proposed public programs, policies, and processes, recommending specific changes;

(4) advising on the relationship of Federal, State, regional, and local governments; increasing public officials’, citizens’, and scholars’ understanding of requirements and opportunities for sound governance and how these can be effectively met; and

(5) demonstrating by the conduct of its affairs a commitment to the highest professional standards of ethics and scholarship.

Pub. L. 98–257, §3, Apr. 10, 1984, 98 Stat. 127.

§2304 · Service of process

With respect to service of process, the Academy

shall comply with the law on service of process of each State laws of the State or States in which it is incorporated and each State the State or States in which it carries on

activities.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1311.

§22911 its activities in furtherance of its corporate purposes.

Pub. L. 98–257, §4, Apr. 10, 1984, 98 Stat. 127.

§2305 · Membership

Eligibility for membership in the Academy and the rights and privileges of members shall be as provided in the bylaws of the corporation.

Pub. L. 98–257, §5, Apr. 10, 1984, 98 Stat. 127.

§2306 · Board of directors

The board of directors of the Academy and the responsibilities thereof shall be as provided in the articles of incorporation of the Academy and in conformity with the laws of the State or States in which it is incorporated.

Pub. L. 98–257, §6, Apr. 10, 1984, 98 Stat. 128.

§2307 · Officers

The officers of the Academy, and the election of such officers, shall be as is provided in the articles of incorporation of the Academy and in conformity with the laws of the State or States wherein it is incorporated.

Pub. L. 98–257, §7, Apr. 10, 1984, 98 Stat. 128.

§2308 · Restrictions

(a) Distribution of income or assets to members

No part of the income or assets of the corporation shall inure to any member, officer, or director of the Academy or be distributed to any such person during the life of this charter. Nothing in this subsection shall be construed to prevent the payment of reasonable compensation to the officers and members of the Academy or reimbursement for actual necessary expenses in amounts approved by the board of directors.

(b) Loans

The Academy shall not make any loan to any officer, director, or employee of the corporation.

(c) Political activities

The Academy and any officer and director of the corporation, acting as such officer or director, shall not contribute to, support, or otherwise participate in any political activity or in any manner attempt to influence legislation.

(d) Issuance of stock; dividends

The Academy shall have no power to issue any shares of stock nor to declare or pay any dividends.

(e) Claim of approval or authorization

The Academy shall not claim congressional approval or Federal Government authority for any of its activities, other than by mutual agreement.

(f) Retention of status under State laws

The Academy shall retain and maintain its status as a corporation organized and incorporated under the laws of the District of Columbia.

Pub. L. 98–257, §8, Apr. 10, 1984, 98 Stat. 128.

§2309 · Liability for acts of officers and agents

The corporation is Academy shall be liable for the acts of its officers and agents when acting within the scope of their authority.

Pub. L.

105–225, Aug. 12, 1998, 112 Stat. 1311.§22912 98–257, §9, Apr. 10, 1984, 98 Stat. 128.

§2310 · Books and records; inspection

The Academy shall keep correct and complete books and records of account and shall keep minutes of any proceeding of the Academy involving any of its members, the board of directors, or any committee having authority under the board of directors. The Academy shall keep at its principal office a record of the names and addresses of all members having the right of 

Pub. L. 98–257, §10, Apr. 10, 1984, 98 Stat. 128.

§2311 · Annual report

The corporation shall submit an annual report to Congress on Academy shall report annually to the Congress concerning the activities of the corporation during the prior fiscal year. The preceding fiscal year. Such annual report shall be submitted at the same time as is the report of the audit required by section 10101 1101(61) of this title. The report may shall not be printed as a public document.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1311.

Chapter 231. Aviation Hall of Fame

§23101 · Organization

(a) Federal Charter.—Aviation Hall of Fame (in this chapter, the “corporation”) is a federally chartered corporation.

(b) Perpetual Existence.—Except as otherwise provided, the corporation has perpetual existence.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1311.

§23102 · Purposes

The purposes of the corporation are—

(1) to receive and maintain one or more funds and to use any part of the principal and income only for charitable, scientific, literary, or educational purposes, either directly or by contributing to organizations authorized to carry on similar activities;

(2) to honor citizens, aviation leaders, pilots, teachers, scientists, engineers, inventors, governmental leaders, and other individuals who have helped to make this Nation great by their outstanding contributions to the establishment, development, advancement, or improvement of aviation in the United States;

(3) to perpetuate the memory of those individuals and record their contributions and achievements by the erection and maintenance of buildings and monuments as may be appropriate as a lasting memorial;

(4) to promote a better sense of appreciation of the origins and growth of aviation, especially in the United States, and the part aviation has played in changing the economic, social, and scientific aspects of our Nation;

(5) to establish and maintain a library and museum for the collection and preservation for posterity of the history of those honored by the organization, together with a documentation of their accomplishments and contributions to aviation, including items such as aviation pictures, paintings, books, papers, documents, scientific data, relics, mementos, artifacts, and other items related to that history;

(6) to cooperate with other recognized aviation organizations actively engaged and interested in similar projects; and

(7) to engage in any other activities appropriate to carry out the purposes of the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1311.

§23103 · Membership

(a) Eligibility.—Except as provided in this chapter, eligibility for membership in the corporation and the rights, privileges, and designation of classes of members are as provided in the bylaws.

(b) Voting.—Each member given voting rights by the bylaws has one vote on each matter submitted to a vote at a meeting of the voting members. The vote may be cast in the manner provided in the bylaws.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1312.

§23104 · Governing body

(a) Board of Trustees.—(1) The board of trustees is the governing body of the corporation. Between meetings of the members of the corporation, the board is responsible for the general policies and program of the corporation and for the control of all funds of the corporation.

(2) The number of trustees, their manner of selection (including the filling of vacancies), and their term of office are as provided in the bylaws. However, the board shall have at least 18 members.

(3) The board may appoint committees. Each committee has the powers provided in the bylaws or by resolution of the board. The powers of a committee may include all the powers of the board.

(b) Officers.—(1) The officers of the corporation are a president, one or more vice presidents as provided in the bylaws, a secretary, a treasurer, and other officers as provided in the bylaws.

(2) The manner of election, term of office, and duties of the officers are as provided in the bylaws.

(c)(1) Board of Nominations.—The board of trustees shall appoint a board of nominations, consisting of at least 24 members, from members of the corporation not concurrently serving as members of the board of trustees. Those individuals serve for the term provided in the bylaws.

(2) The board of nominations shall nominate United States citizens or residents to be honored by the corporation and recommend those persons to the board of trustees for consideration as provided in the bylaws.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1312.

§23105 · Powers

The corporation may—

(1) adopt and amend bylaws for the management of its property and the regulation of its affairs;

(2) adopt and alter a corporate seal;

(3) choose officers, trustees, managers, agents, and employees as the activities of the corporation require;

(4) make contracts;

(5) acquire, own, lease, encumber, and transfer property as necessary or convenient to carry out the purposes of the corporation;

(6) borrow money, issue instruments of indebtedness, and secure its obligations by granting security interests in its property; and

(7) sue and be sued.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1312.

§23106 · Restrictions

(a) Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend.

(b) Political Activities.—The corporation or a trustee, officer, employee, member of the board of nominations, or member of the corporation as such may not contribute to, support, or assist a political party or candidate for public office.

(c) Distribution of Income or Assets.—The income or assets of the corporation may not inure to the benefit of, or be distributed to, a trustee, officer, member of the board of nominations, or member of the corporation, as such, during the life of the corporation or on its dissolution or final liquidation. This subsection does not prevent the payment of reasonable compensation to an officer or employee in an amount approved by the board of trustees.

(d) Loans.—The corporation may not make a loan or advance to a trustee, officer, employee, member of the board of nominations, or member of the corporation. Trustees who vote for or assent to making such a loan or advance, and officers who participate in making the loan or advance, are jointly and severally liable to the corporation for the amount of the loan or advance until it is repaid.

(e) Contributions to Certain Organizations.—None of the principal or interest of a fund referred to in section 23102(1) of this title may be contributed to an organization if—

(1) a substantial part of its activities is carrying on propaganda or attempting to influence legislation; or

(2) any part of its net earnings benefits a private shareholder or individual.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1313.

§23107 · Principal office

The principal office of the corporation shall be in Dayton, Ohio, or another place decided by the board of trustees. However, the activities of the corporation are not confined to the place where the principal office is located but may be conducted throughout the States, territories, and possessions of the United States.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1313.

§23108 · Records and inspection

(a) Records.—The corporation shall keep—

(1) correct and complete records of account;

(2) minutes of the proceedings of its members, board of trustees, board of nominations, and committees having any of the authority of its board of trustees; and

(3) at its principal office, a record of the names and addresses of its members entitled to vote.

(b) Inspection.—A member entitled to vote, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1313.

§23109 · Statement required in audit report

The corporation shall include in the audit report statement required under section 10101(b)(1)(B) of this title a schedule of all contracts requiring payments greater than $10,000 and all payments of compensation or fees at a rate greater than $10,000 a year.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1314.

§23110 · Service of process

The corporation shall have a designated agent in the District of Columbia to receive service of process for the corporation. Notice to or service on the agent is notice to or service on the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1314.

§23111 · Liability for acts of officers and agents

The corporation is liable for the acts of its officers and agents acting within the scope of their authority.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1314.

§23112 · Distribution of assets on dissolution or final liquidation

On dissolution or final liquidation of the corporation, any assets remaining after the discharge of all liabilities shall be distributed as provided by the board of trustees, but consistent with the purposes of the corporation and in compliance with the charter and bylaws.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1314.

Chapter 301. Big Brothers. Big Sisters of America

§30101 · Organization

(a) Federal Charter.—Big Brothers—Big Sisters of America (in this chapter, the “corporation”) is a federally chartered corporation.

(b) Place of Incorporation and Domicile.—The corporation is declared to be incorporated and domiciled in the District of Columbia.

(c) Perpetual Existence.—Except as otherwise provided, the corporation has perpetual existence.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1314.

§30102 · Purposes

The purposes of the corporation are—

(1) to assist individuals throughout the United States in solving their social and economic problems and in their health and educational and character development;

(2) to promote the use, by other lay and professional agencies and workers, of the techniques of that assistance developed by the corporation; and

(3) to receive, invest, and disburse funds and hold property for the purposes of the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1314.

§30103 · Membership

(a) Eligibility.—Except as provided in this chapter, eligibility for membership in the corporation and the rights, privileges, and designation of classes of members are as provided in the constitution and bylaws of the corporation.

(b) Voting.—Each member has one vote on each matter submitted to a vote at a meeting of the members.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1315.

§30104 · Governing body

(a) Board of Directors.—(1) The board of directors is the governing body of the corporation. The powers, duties, and responsibilities of the board are as provided in the constitution and bylaws of the corporation.

(2) The number of directors is as provided in the constitution. Their manner of selection (including the filling of vacancies) and their term of office are as provided in the constitution and bylaws.

(b) Officers.—(1) The officers of the corporation are a chairman of the board of directors, a president, one or more vice presidents as provided in the constitution and bylaws, a secretary, and a treasurer.

(2) The manner of election, term of office, and duties of the officers are as provided in the constitution and bylaws.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1315.

§30105 · Powers

The corporation may—

(1) adopt and amend a constitution and bylaws for the management of its property and the regulation of its affairs;

(2) adopt and alter a corporate seal;

(3) choose officers, managers, agents, and employees as the activities of the corporation require;

(4) make contracts;

(5) acquire, own, lease, encumber, and transfer property as necessary or convenient to carry out the purposes of the corporation;

(6) borrow money, issue instruments of indebtedness, and secure its obligations by granting security interests in its property; and

(7) sue and be sued.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1315.

§30106 · Exclusive right to names, seals, emblems, and badges

The corporation and its subordinate divisions have the exclusive right to use the names “The Big Brothers of America, Big Sisters International, Incorporated”, “Big Sisters of America”, “Big Brothers”, “Big Sisters”, “Big Brothers—Big Sisters of America”, and “Big Sisters—Big Brothers”, and to use and to allow others to use seals, emblems, and badges the corporation adopts.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1315.

§30107 · Restrictions

(a) Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend.

(b) Political Activities.—The corporation or a director or officer as such may not contribute to, support, or assist a political party or candidate for public office.

(c) Distribution of Income or Assets.—The income or assets of the corporation may not inure to the benefit of, or be distributed to, a director, officer, or member as such during the life of the corporation or on its dissolution or final liquidation. This subsection does not prevent the payment of compensation to an officer in an amount approved by the board of directors.

(d) Loans.—The corporation may not make a loan or advance to a director, officer, or employee. Directors who vote for or assent to making a loan or advance to a director, officer, or employee, and officers who participate in making the loan or advance, are jointly and severally liable to the corporation for the amount of the loan or advance until it is repaid.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1315.

§30108 · Principal office

The principal office of the corporation shall be in Philadelphia, Pennsylvania, or another place decided by the board of directors. However, the activities of the corporation are not confined to the place where the principal office is located but may be conducted throughout the States, territories, and possessions of the United States.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1316.

§30109 · Records and inspection

(a) Records.—The corporation shall keep—

(1) correct and complete records of account;

(2) minutes of the proceedings of its members, board of directors, and committees having any of the authority of its board of directors; and

(3) at its principal office, a record of the names and addresses of its members entitled to vote.

(b) Inspection.—A member entitled to vote, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1316.

§30110 · Service of process

The corporation shall have a designated agent in the District of Columbia to receive service of process for the corporation. Notice to or service on the agent, or mailed to the business address of the agent, is notice to or service on the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1316.

§30111 · Liability for acts of officers and agents

The corporation is liable for the acts of its officers and agents acting within the scope of their authority.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1316.

§30112 · Distribution of assets on dissolution or final liquidation

On dissolution or final liquidation of the corporation, any assets remaining after the discharge of all liabilities shall be distributed as provided by the board of directors, but in compliance with the constitution and bylaws of the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1316.

Chapter 303. Blinded Veterans Association

§30301 · Organization

(a) Federal Charter.—Blinded Veterans Association (in this chapter, the “corporation”) is a federally chartered corporation.

(b) Perpetual Existence.—Except as otherwise provided, the corporation has perpetual existence.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1317.

§30302 · Purposes

The purposes of the corporation are—

(1) to operate as a not-for-profit corporation exclusively for charitable, educational, patriotic, and civic improvement purposes;

(2) to promote the welfare of blinded veterans so that, notwithstanding their disabilities, they may take their rightful place in the community and work with their fellow citizens toward the creation of a peaceful world;

(3) to preserve and strengthen a spirit of fellowship among blinded veterans so that they may give mutual aid and assistance to one another; and

(4) to maintain and extend the institutions of American freedom and to encourage loyalty to the Constitution and laws of the United States and of the States in which they reside.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1317.

§30303 · Membership

(a) General Membership.—An individual who served in the Armed Forces of the United States and who, in the line of duty in that service, sustained a substantial impairment of sight or vision as defined by the bylaws of the corporation is eligible for general membership in the corporation.

(b) Honorary and Associate Membership.—In addition to general membership, the corporation shall have special classes of honorary and associate membership. Eligibility for, and the rights and obligations of, those special classes are as provided in the bylaws.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1317.

§30304 · Governing body

(a) Board of Directors.—(1) The number of directors of the corporation shall be at least three but not more than 15. The directors shall be divided into a specified number of classes. Each class shall hold office for a definite period of years as provided in the bylaws.

(2) A majority of the directors must be present at a meeting of directors to constitute a quorum. A majority vote of the directors present at a meeting at which there is a quorum is necessary for the transaction of business.

(3) A director may be removed at any time for just and proper cause by a majority vote of a quorum of directors present at a meeting called for that purpose.

(4) A vacancy in the office of director may be filled by a majority vote of a quorum of the remaining directors present at a meeting called for that purpose. A director elected to fill a vacancy serves until the next annual meeting of the corporation.

(b) Officers.—The officers of the corporation and their manner of election, term of office, duties, and powers are as provided in the bylaws.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1317.

§30305 · Powers

The corporation may—

(1) adopt and amend a constitution and bylaws for the management of its property and the regulation of its affairs;

(2) adopt and alter a corporate seal;

(3) choose officers, managers, and agents as the activities of the corporation require;

(4) charge and collect membership dues;

(5) make contracts;

(6) acquire, own, lease, encumber, and transfer property as necessary or convenient to carry out the purposes of the corporation;

(7) borrow money, issue instruments of indebtedness, and secure its obligations by granting security interests in its property;

(8) sue and be sued; and

(9) do any other act necessary and proper to carry out the purposes of the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1318.

§30306 · Exclusive right to name, seals, emblems, and badges

The corporation and its authorized regional groups and other local subdivisions have the exclusive right to use the name “Blinded Veterans Association” and seals, emblems, and badges the corporation adopts.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1318.

§30307 · Restrictions

(a) Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend.

(b) Political Activities.—The corporation or a director or officer as such may not contribute to, support, or assist a political party or candidate for elective public office.

(c) Distribution of Income or Assets.—The income or assets of the corporation may not inure to the benefit of, or be distributed to, a director, officer, or member as such during the life of the corporation or on its dissolution or final liquidation. This section does not prevent the payment of—

(1) bona fide expenses of officers of the corporation in amounts approved by the board of directors; or

(2) appropriate aid to blinded veterans or their widows or children in carrying out the purposes of the corporation.

(d) Loans.—The corporation may not make a loan to a director, officer, or employee. Directors and officers who vote for or assent to making a loan to a director, officer, or employee, and officers who participate in making the loan, are jointly and severally liable to the corporation for the amount of the loan until it is repaid.

(e) Immunity From Liability.—Members and private individuals are not liable for the obligations of the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1318.

§30308 · Principal office

The principal office of the corporation shall be in the District of Columbia or another place decided by the board of directors. However, the activities of the corporation are not confined to the place where the principal office is located but may be conducted throughout the States, territories, and possessions of the United States.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1318.

§30309 · Records and inspection

(a) Records.—The corporation shall keep—

(1) correct and complete records of account;

(2) minutes of the proceedings of its members, board of directors, and committees having any of the authority of its board of directors; and

(3) at its principal office, a record of the names and addresses of its members, directors, and officers.

(b) Inspection.—A member, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1319.

§30310 · Service of process

The corporation shall have a designated agent in the District of Columbia to receive service of process for the corporation. Notice to or service on the agent, or mailed to the business address of the agent, is notice to or service on the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1319.

§30311 · Liability for acts of officers and agents

The corporation is liable for the acts of its officers and agents acting within the scope of their authority.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1319.

§30312 · Distribution of assets on dissolution or final liquidation

On dissolution or final liquidation of the corporation, any assets remaining after the discharge of all liabilities shall be transferred to the Secretary of Veterans Affairs to be applied to the care and comfort of blinded veterans.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1319.

Chapter 305. Blue Star Mothers of America, Inc.

§30501 · Definition

For purposes of this chapter, “Armed Forces” includes the United States Army, United States Navy, United States Marines, United States Air Force, United States Coast Guard, National Guard, United States Army Reserves, United States Navy Reserves, United States Marine Reserves, United States Air Force Reserves, United States Coast Guard Reserves, United States Naval Militia, merchant marines, and armed home guards who have served on active duty.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1319.

§30502 · Organization

(a) Federal Charter.—Blue Star Mothers of America, Inc. (in this chapter, the “corporation”), is a federally chartered corporation.

(b) Place of Incorporation and Domicile.—The corporation is declared to be incorporated and domiciled in the District of Columbia.

(c) Perpetual Existence.—Except as otherwise provided, the corporation has perpetual existence.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1320.

§30503 · Purposes

The purposes of the corporation are patriotic, educational, social, and for service, and include—

(1) perpetuating the Blue Star Mothers of America, Inc., and the memory of all the men and women who have served our country as members of the Armed Forces;

(2) maintaining true allegiance to the Government of the United States;

(3) educating members of the corporation and others not to divulge military, naval, or other Government information;

(4) assisting in veterans’ ceremonies;

(5) attending patriotic rallies and meetings;

(6) fostering true democracy;

(7) caring for unsupported mothers who gave their sons to the service of the Nation;

(8) aiding in bringing about recognition of the need for permanent civilian defense in each community and the need to be always alert against invasion of un-American activities;

(9) upholding the American institutions of freedom, justice, and equal rights; and

(10) defending the United States from all enemies.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1320.

§30504 · Membership

An individual is eligible for membership in the corporation if—

(1) she is a mother, adoptive mother, or stepmother (who has given a mother's care at least since the stepchild was age 13) of a son or daughter who—

(A) is serving in the Armed Forces; or

(B) has served in, or has been honorably discharged from, the Armed Forces in World War II or the Korean hostilities; and

(2) she is living in the United States.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1320.

§30505 · Governing body

(a) National Convention.—(1) The national convention is the supreme governing authority of the corporation.

(2) The national convention is composed of officers and elected representatives from the States and other local subdivisions of the corporation as provided in the constitution and bylaws. However, the form of government of the corporation must be representative of the membership at large and may not permit concentration of control in a limited number of members or in a self-perpetuating group not representative of the membership at large.

(3) The meetings of the national convention may be held in the District of Columbia or any State, territory, or possession of the United States.

(b) Officers.—The officers of the corporation and their manner of selection, term of office, and duties are as provided in the constitution and bylaws of the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1320.

§30506 · Powers

The corporation may—

(1) adopt and amend a constitution and bylaws for the management of its property and the regulation of its affairs;

(2) adopt and alter a corporate seal;

(3) choose officers, managers, employees, and agents as the activities of the corporation require;

(4) make contracts;

(5) acquire, own, lease, encumber, and transfer property as necessary or convenient to carry out the purposes of the corporation;

(6) borrow money, issue instruments of indebtedness, and secure its obligations by granting security interests in its property;

(7) sue and be sued; and

(8) do any other act necessary and proper to carry out the purposes of the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1321.

§30507 · Exclusive right to name, seals, emblems, and badges

The corporation and its subordinate divisions have the exclusive right to use the name “Blue Star Mothers of America, Inc.”. The corporation has the exclusive right to use, and to allow others to use, seals, emblems, and badges the corporation adopts.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1321.

§30508 · Restrictions

(a) Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend.

(b) Political Activities.—The corporation or an officer or agent as such may not contribute to a political party or candidate for public office.

(c) Distribution of Income or Assets.—The income or assets of the corporation may not inure to the benefit of, or be distributed to, an officer or member as such during the life of the corporation or on its dissolution or final liquidation. This subsection does not prevent the payment of compensation to an officer or reimbursement for actual necessary expenses in amounts approved by the council of administration of the corporation.

(d) Loans.—The corporation may not make a loan or advance to an officer or employee. Members of the council of administration who vote for or assent to making a loan or advance to an officer or employee, and officers who participate in making the loan or advance, are jointly and severally liable to the corporation for the amount of the loan or advance until it is repaid.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1321.

§30509 · Principal office

The principal office of the corporation shall be in the District of Columbia.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1321.

§30510 · Records and inspection

(a) Records.—The corporation shall keep—

(1) correct and complete records of account; and

(2) minutes of the proceedings of its national conventions and council of administration.

(b) Inspection.—A member, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1321.

§30511 · Service of process

The corporation shall have a designated agent in the District of Columbia to receive service of process, notice, or demand for the corporation. Designation of the agent shall be filed in the office of the Mayor of the District of Columbia or another office designated by the Mayor. Notice to or service on the agent is notice to or service on the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1322.

§30512 · Liability for acts of officers and agents

The corporation is liable for the acts of its officers and agents acting within the scope of their authority.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1322.

§30513 · Annual report

Not later than March 1 of each year, the corporation shall submit a report to Congress on the activities of the corporation during the prior fiscal year. The report may consist of a report of the proceedings of the national convention. The report may not be printed as a public document.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1322.

§30514 · Distribution of assets on dissolution or final liquidation

On dissolution or final liquidation of the corporation, any assets remaining after the discharge of all liabilities shall be distributed as provided by the national executive board, but in compliance with the constitution and bylaws of the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1322.

Chapter 307. Board for Fundamental Education

§30701 · Organization

(a) Federal Charter.—Board for Fundamental Education (in this chapter, the “corporation”) is a federally chartered corporation.

(b) Perpetual Existence.—Except as otherwise provided, the corporation has perpetual existence.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1322.

§30702 · Purpose

The purpose of the corporation is to foster the development of fundamental education through programs and projects such as—

(1) giving citizens (children, youth, and adults) an opportunity to acquire the understandings and skills necessary to relate the resources of the community to the needs and interests of the community;

(2) demonstrating programs of fundamental education and measuring results; and

(3) training men and women as leaders in fundamental education by providing internships and other experiences.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1322.

§30703 · Membership

(a) Eligibility.—Except as provided in this chapter, eligibility for membership in the corporation and the rights and privileges of members are as provided in constitution and bylaws of the corporation.

(b) Voting.—Each member has one vote in the conduct of official business of the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1323.

§30704 · Governing body

(a) Board of Directors.—The board of directors is the governing body of the corporation. The board shall consist of at least 15 directors elected annually by the members.

(b) Officers.—The officers of the corporation are a chairman of the board, a president, one or more vice presidents, a secretary, a treasurer, and any assistant officers designated by the board. The officers have the powers and shall carry out the duties provided in the bylaws or prescribed by the board.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1323.

§30705 · Powers

The corporation may—

(1) adopt and amend a constitution and bylaws for the management of its property and the regulation of its affairs;

(2) adopt and alter a corporate seal;

(3) choose officers, managers, agents, and employees as the activities of the corporation require;

(4) make contracts;

(5) acquire, own, lease, encumber, and transfer property as necessary to carry out the purposes of the corporation;

(6) borrow money, issue instruments of indebtedness, and secure its obligations by granting security interests in its property;

(7) use corporate funds to give prizes, awards, loans, scholarships, and grants to deserving students to carry out the purpose of the corporation;

(8) publish a magazine and other publications;

(9) sue and be sued; and

(10) do any other act necessary and proper to carry out the purpose of the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1323.

§30706 · Exclusive right to name, seals, emblems, and badges

The corporation has the exclusive right to use the name “Board for Fundamental Education” and seals, emblems, and badges the corporation adopts.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1323.

§30707 · Restrictions

(a) Profit.—The corporation may not engage in business for profit.

(b) Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend.

(c) Political Activities.—The corporation or a director, officer, or member as such may not contribute to, support, or assist a political party or candidate for elective public office.

(d) Distribution of Income or Assets.—The income or assets of the corporation may not inure to the benefit of, or be distributed to, a director, officer, or member except on dissolution or final liquidation of the corporation.

(e) Loans.—The corporation may not make a loan to a director, officer, or employee. Directors who vote for or assent to making a loan to a director, officer, or employee, and officers who participate in making the loan, are jointly and severally liable to the corporation for the amount of the loan until it is repaid.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1323.

§30708 · Principal office

The principal office of the corporation shall be in a place the board of directors decides is appropriate. However, the activities of the corporation may be conducted throughout the States, territories, and possessions of the United States.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1324.

§30709 · Records and inspection

(a) Records.—The corporation shall keep—

(1) correct and complete records of account;

(2) minutes of the proceedings of its members, board of directors, and committees having any of the authority of its board of directors; and

(3) a record of the names and addresses of its members entitled to vote.

(b) Inspection.—A member, or an agent or attorney of the member, may inspect the records of the corporation at any reasonable time.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1324.

§30710 · Service of process

(a) District of Columbia.—The corporation shall have a designated agent in the District of Columbia to receive service of process for the corporation. Designation of the agent shall be filed in the office of the clerk of the United States District Court for the District of Columbia. Notice to or service on the agent, or mailed to the business address of the agent, is notice to or service on the corporation.

(b) States, Territories, and Possessions.—As a condition to the exercise of any power or privilege granted by this chapter, the corporation shall file, with the secretary of state or other designated official of each State, territory, or possession of the United States in which the corporation does business, the name and address of an agent in that State, territory, or possession on whom legal process or demands against the corporation may be served.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1324.

§30711 · Liability for acts of officers and agents

The corporation is liable for the acts of its officers and agents acting within the scope of their authority.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1324.

§30712 · Distribution of assets on dissolution or final liquidation

On dissolution or final liquidation of the corporation, any assets remaining after the discharge of all liabilities shall be used by the board of directors for the purpose stated in section 30702 of this title or be transferred to a recognized educational foundation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1324.

Chapter 309. Boy Scouts of America

§30901 · Organization

(a) Federal Charter.—Boy Scouts of America (in this chapter, the “corporation”) is a body corporate and politic of the District of Columbia.

(b) Domicile.—The domicile of the corporation is the District of Columbia.

(c) Perpetual Existence.—Except as otherwise provided, the corporation has perpetual existence.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1325.

§30902 · Purposes

The purposes of the corporation are to promote, through organization, and cooperation with other agencies, the ability of boys to do things for themselves and others, to train them in scoutcraft, and to teach them patriotism, courage, self-reliance, and kindred virtues, using the methods that were in common use by boy scouts on June 15, 1916.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1325.

§30903 · Governing body

(a) Executive Board.—An executive board composed of citizens of the United States is the governing body of the corporation. The number, qualifications, and term of office of members of the board are as provided in the bylaws. A vacancy on the board shall be filled by a majority vote of the remaining members of the board.

(b) Quorum.—The bylaws may prescribe the number of members of the board necessary for a quorum. That number may be less than a majority of the entire board.

(c) Committees.—(1) The board, by resolution passed by a majority of the entire board, may designate 3 or more members of the board as an executive or governing committee. A majority of the committee is a quorum. The committee, to the extent provided in the resolution or bylaws, may—

(A) exercise the powers of the executive board in managing the activities of the corporation; and

(B) authorize the seal of the corporation to be affixed to papers that may require it.

(2) The board, by majority vote of the entire board, may appoint other standing committees. The standing committees may exercise powers as provided in the bylaws.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1325.

§30904 · Powers

(a) General.—The corporation may—

(1) adopt and amend bylaws and regulations, including regulations for the election of associates and successors;

(2) adopt and alter a corporate seal;

(3) have offices and conduct its activities in the District of Columbia and the States, territories, and possessions of the United States;

(4) acquire and own property as necessary to carry out the purposes of the corporation;

(5) sue and be sued within the jurisdiction of the United States; and

(6) do any other act necessary to carry out this chapter and promote the purpose of the corporation.

(b) Limitations on Exercising Certain Powers.—(1) The corporation may execute mortgages and liens on the property of the corporation only if approved by a two-thirds vote of the entire executive board at a meeting called for that purpose.

(2) The corporation may dispose in any manner of the whole property of the corporation only with the written consent and affirmative vote of a majority of the members of the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1325.

§30905 · Exclusive right to emblems, badges, marks, and words

The corporation has the exclusive right to use emblems, badges, descriptive or designating marks, and words or phrases the corporation adopts. This section does not affect any vested rights.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1326.

§30906 · Restrictions

(a) Profit.—The corporation may not operate for pecuniary profit to its members.

(b) Stocks and Dividends.—The corporation may not issue stock or declare or pay a dividend.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1326.

§30907 · Annual and special meetings

(a) Annual Meetings.—The corporation shall hold an annual meeting at a time and place as provided in the bylaws. At the meeting, the annual reports of the officers and executive board shall be presented, and members of the board shall be elected for the next year.

(b) Special Meetings.—Special meetings of the corporation may be called on notice as provided in the bylaws.

(c) Quorum.—The number of members necessary for a quorum at an annual or special meeting shall be prescribed in the bylaws.

(d) Locations.—The members and the executive board may hold meetings and keep the seal and records of the corporation in or outside the District of Columbia.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1326.

§30908 · Annual report

Not later than April 1 of each year, the corporation shall submit a report to Congress on the activities of the corporation during the prior calendar year.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1326.

Chapter 311. Boys & Girls Clubs of America

§31101 · Organization

(a) Federal Charter.—Boys & Girls Clubs of America (in this chapter, the “corporation”) is a federally chartered corporation.

(b) Place of Incorporation and Domicile.—The corporation is declared to be incorporated and domiciled in the District of Columbia.

(c) Perpetual Existence.—Except as otherwise provided, the corporation has perpetual existence.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1326.

§31102 · Purposes

The purposes of the corporation are—

(1) to promote the health, social, educational, vocational, and character development of youth throughout the United States; and

(2) to receive, invest, and disburse funds and to hold property for the purposes of the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1327.

§31103 · Membership

(a) Eligibility.—Except as provided in this chapter, eligibility for membership in the corporation and the rights, privileges, and designation of classes of members are as provided in the constitution and bylaws of the corporation.

(b) Voting.—Each member has one vote on each matter submitted to a vote at a meeting of the members.

(c) Benefits of Member Organizations.—Each organization that is a member of the corporation as provided in the constitution of the corporation is entitled to all the benefits of incorporation under this chapter. Those benefits cease immediately on termination of membership, whether by—

(1) resignation from the corporation; or

(2) termination of its membership by the board of directors of the corporation as provided in the constitution.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1327.

§31104 · Governing body

(a) Board of Directors.—(1) The board of directors is the governing body of the corporation. The powers, duties, and responsibilities of the board are as provided in the constitution and bylaws of the corporation.

(2) The number of directors is as provided in the constitution of the corporation. Their manner of selection (including the filling of vacancies) and their term of office are as provided in the constitution and bylaws.

(b) Officers.—(1) The officers of the corporation are a chairman of the board of directors, a president, one or more vice presidents as provided in the constitution and bylaws, a secretary, a treasurer, and one or more assistant secretaries and assistant treasurers as provided in the constitution and bylaws.

(2) The manner of election, term of office, and duties of the officers are as provided in the constitution and bylaws.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1327.

§31105 · Powers

The corporation may—

(1) adopt and amend a constitution and bylaws for the management of its property and the regulation of its affairs;

(2) adopt and alter a corporate seal;

(3) choose officers, managers, agents, and employees as the activities of the corporation require;

(4) make contracts;

(5) acquire, own, lease, encumber, and transfer property as necessary or convenient to carry out the purposes of the corporation;

(6) borrow money, issue instruments of indebtedness, and secure its obligations by granting security interests in its property; and

(7) sue and be sued.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1327.

§31106 · Restrictions

(a) Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend.

(b) Political Activities.—The corporation or a director or officer as such may not contribute to, support, or assist a political party or candidate for public office.

(c) Distribution of Income or Assets.—The income or assets of the corporation may not inure to the benefit of, or be distributed to, a director, officer, or member as such during the life of the corporation or on its dissolution or final liquidation. This subsection does not prevent the payment of compensation to an officer in an amount approved by the board of directors.

(d) Loans.—The corporation may not make a loan or advance to a director, officer, or employee. Directors who vote for or assent to making a loan or advance to a director, officer, or employee, and officers who participate in making the loan or advance, are jointly and severally liable to the corporation for the amount of the loan or advance until it is repaid.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1328.

§31107 · Principal office

The principal office of the corporation shall be in New York, New York, or another place decided by the board of directors. However, the activities of the corporation are not confined to the place where the principal office is located but may be conducted throughout the States, territories, and possessions of the United States.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1328.

§31108 · Records and inspection

(a) Records.—The corporation shall keep—

(1) correct and complete records of account;

(2) minutes of the proceedings of its members, board of directors, and committees having any of the authority of its board of directors; and

(3) at its principal office, a record of the names and addresses of its members entitled to vote.

(b) Inspection.—A member entitled to vote, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1328.

§31109 · Service of process

The corporation shall have a designated agent in the District of Columbia to receive service of process for the corporation. Notice to or service on the agent, or mailed to the business address of the agent, is notice to or service on the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1328.

§31110 · Liability for acts of officers and agents

The corporation is liable for the acts of its officers and agents acting within the scope of their authority.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1328.

§31111 · Distribution of assets on dissolution or final liquidation

On dissolution or final liquidation of the corporation, any assets remaining after the discharge of all liabilities shall be distributed as provided by the board of directors, but in compliance with the constitution and bylaws of the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1329.

Chapter 401. Catholic War Veterans of the United States of America, Incorporated

§40101 · Definition

98–257, §12, Apr. 10, 1984, 98 Stat. 129.

§2312 · Reservation of right to amend or repeal chapter

The right to alter, amend, or repeal this chapter is expressly reserved to the Congress.

Pub. L. 98–257, §13, Apr. 10, 1984, 98 Stat. 129.

§2313 · “State” defined

For purposes of this chapter, the term “State” includes the District of Columbia Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States.

Pub. L.

105–225, Aug. 12, 1998, 112 Stat. 1329.

§40102 · Organization

(a) Federal Charter.—Catholic War Veterans of the United States of America, Incorporated (in this chapter, the “corporation”), incorporated in New York, is a federally chartered corporation.

(b) Expiration of Charter.—If the corporation does not comply with any provision of this chapter, the charter granted by this chapter expires.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1329.

§40103 · Purposes

The purposes of the corporation are as provided in the articles of incorporation and include a continuing commitment, on a national basis, to—

(1) preserve, protect, and defend the Constitution of the United States and the laws of the States;

(2) commemorate the wars, campaigns, and military actions of the United States to reflect profound respect, high honor, and great tribute on the glorious dead and the surviving veterans of those wars, campaigns, and actions and to give all Americans a greater understanding of and appreciation for the sacrifices of those who participated in them for all Americans;

(3) stimulate to the highest degree possible the interests of the entire Nation in the problems of veterans, their widows, and orphans;

(4) cooperate to the fullest extent and in a harmonious manner with all veterans’ organizations in common projects designed to serve the interests of all veterans of all wars in which the United States has participated;

(5) collate, preserve, and encourage the study of historical episodes, chronicles, mementos, and events pertaining to the wars, campaigns, and military actions of the United States;

(6) inculcate an enduring love of country, a deep and abiding sense of patriotism, and a profound commitment to Americanism among all the people of the United States;

(7) encourage, among the youth of our Nation, respect for our national flag, our anthem, and the traditions of America;

(8) preserve the freedoms of all the people, national peace, prosperity, tranquility, good will, the permanence of free institutions, and the defense of the United States;

(9) foster the association of veterans of the Catholic faith who have served in the Armed Forces of the United States;

(10) encourage morality in government, labor, management, economic, social, fraternal, and all other phases of American life;

(11) promote the realization that the family is the basic unit of society;

(12) increase our love, honor, and service to God and to our fellow man without regard to race, creed, color, or national origin; and

(13) function as a veterans’ and patriotic organization as authorized by the laws of the 

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1329.

§40104 · Membership

Eligibility for membership in the corporation and the rights and privileges of members are as provided in the bylaws.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1330.

§40105 · Governing body

(a) Board of Directors.—The board of directors and the responsibilities of the board are as provided in the articles of incorporation.

(b) Officers.—The officers and the election of officers are as provided in the articles of incorporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1330.

§40106 · Powers

The corporation has only the powers provided in its bylaws and articles of incorporation filed in each State in which it is incorporated.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1330.

§40107 · Restrictions

(a) Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend.

(b) Distribution of Income or Assets.—The income or assets of the corporation may not inure to the benefit of, or be distributed to, a director, officer, or member during the life of the charter granted by this chapter. This subsection does not prevent the payment of reasonable compensation to an officer or employee in an amount approved by the board of directors.

(c) Loans.—The corporation may not make a loan to a director, officer, or employee.

(d) Claim of Governmental Approval or Authorization.—The corporation may not claim congressional approval or the authority of the United States Government for any of its activities.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1330.

§40108 · Duty to maintain tax-exempt 98–257, §14, Apr. 10, 1984, 98 Stat. 129.§2314 · Tax-exempt status

The corporation shall maintain its status as an organization exempt from taxation

under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.).

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1330.

§40109 · Records and inspection

(a) Records.—The corporation shall keep—

(1) as provided in title 26. If the corporation fails to maintain such status, the charter granted hereby shall expire.

Pub. L. 98–257, §15, Apr. 10, 1984, 98 Stat. 129.

§2315 · Failure to comply with restrictions or provisions

If the corporation shall fail to comply with any of the restrictions or provisions of this chapter 

Pub. L. 98–257, §16, Apr. 10, 1984, 98 Stat. 129.

§2316 · Service to United States

The National Academy of Public Administration shall, whenever called upon by Congress, or the Federal Government, investigate, examine, experiment, and report upon any subject of government, the actual expense of such investigations, examinations, and reports to be paid by the Federal Government from appropriations available for such purpose.

Pub. L. 98–257, §17, Apr. 10, 1984, 98 Stat. 129.

Chapter 56. American Gold Star Mothers, Inc.

§2401 · Recognition as corporation and grant of Federal charter

American Gold Star Mothers, Incorporated, organized and incorporated under the laws of the District of Columbia, is hereby recognized as such and is granted a charter.

Pub. L. 98–314, §1, June 12, 1984, 98 Stat. 237.

§2402 · Powers of corporation

American Gold Star Mothers, Incorporated (hereinafter referred to as the “corporation”) shall have only those powers granted to it through its bylaws and articles of incorporation filed in the State or States which it is incorporated and subject to the laws of such State or States.

Pub. L. 98–314, §2, June 12, 1984, 98 Stat. 237.

§2403 · Objects and purposes of corporation

The objects and purposes for which the corporation is organized shall be those provided in its articles of incorporation and shall include a continuing commitment, on a national basis, to—

(a) keep alive and develop the spirit that promoted world services;

(b) maintain the ties of fellowship born of that service, and to assist and further all patriotic work;

(c) inculcate a sense of individual obligation to the community, State, and Nation;

(d) assist veterans of World War I, World War II, the Korean Conflict, Vietnam, and other strategic areas and their dependents in the presentation of claims to the Department of Veterans Affairs, and to aid in any way in their power the men and women who served and died or were wounded or incapacitated during hostilities;

(e) perpetuate the memory of those whose lives were sacrificed in our wars;

(f) maintain true allegiance to the United States of America;

(g) inculcate lessons of patriotism and love of country in the communities in which we live;

(h) inspire respect for the Stars and Stripes in the youth of America;

(i) extend needful assistance to all Gold Star Mothers and, when possible, to their descendants; and

(j) to promote peace and good will for the United States and all other Nations.

Pub. L. 98–314, §3, June 12, 1984, 98 Stat. 237; Pub. L. 102–54, §13(n)(6), June 13, 1991, 105 Stat. 278.

§2404 · Service of process

With respect to service of process, the corporation shall comply with the laws of the States in which it is incorporated and those States in which it carries on its activities in furtherance of its corporate purposes.

Pub. L. 98–314, §4, June 12, 1984, 98 Stat. 238.

§2405 · Membership; prohibition on discrimination

Eligibility for membership in the corporation and the rights and privileges of members shall, except as provided in this chapter, be as provided in the constitution and bylaws of the corporation, and terms of membership and requirements for holding office within the corporation shall not be discriminatory on the basis of race, color, religion, or national origin.

Pub. L. 98–314, §5, June 12, 1984, 98 Stat. 238.

§2406 · Board of directors

The board of directors of the corporation and the responsibilities thereof shall be as provided in the articles of incorporation of the corporation and in conformity with the laws of the State or States in which it is incorporated.

Pub. L. 98–314, §6, June 12, 1984, 98 Stat. 238.

§2407 · Officers

The officers of the corporation, and the election of such officers shall be as is provided in the articles of incorporation of the corporation and in conformity with the laws of the State or States wherein it is incorporated.

Pub. L. 98–314, §7, June 12, 1984, 98 Stat. 238.

§2408 · Restrictions

(a) Distribution of income or assets to members

No part of the income or assets of the corporation shall inure to any member, officer, or director of the corporation or be distributed to any such person during the life of this charter. Nothing in this subsection shall be construed to prevent the payment of reasonable compensation to the officers of the corporation or reimbursement for actual necessary expenses in amounts approved by the board of directors.

(b) Loans

The corporation shall not make any loan to any officer, director, or employee of the corporation.

(c) Issuance of stock; dividends

The corporation shall have no power to issue any shares of stock nor to declare or pay any dividends.

(d) Claim of approval or authorization

The corporation shall not claim congressional approval or Federal Government authority for any of its activities.

(e) Retention of status under State laws

The corporation shall retain and maintain its status as a corporation organized and incorporated under the laws of the State or States wherein it is incorporated.

Pub. L. 98–314, §8, June 12, 1984, 98 Stat. 238.

§2409 · Liability for acts of officers and agents

The corporation shall be liable for the acts of its officers and agents when acting within the scope of their authority.

Pub. L. 98–314, §9, June 12, 1984, 98 Stat. 238.

§2410 · Books and records; inspection

The corporation shall keep

correct and complete

records of account;(2) minutes of the proceedings

books and records of account and shall keep minutes of any proceeding of the corporation involving any of its members, the board of directors,

and committees having any of the authority of its board of directors; and(3)

or any committee having authority under the board of directors. The corporation shall keep at its principal office, office a record of the names and addresses of

its members entitled to vote.(b) Inspection.—A member entitled to vote, or an agent or attorney of the member, may inspect the records of the corporation

all members having the right to vote. All books and records of such corporation may be inspected by any member having the right to vote, or by any agent or attorney of such member, for any proper purpose, at any reasonable time.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1331.

§40110 · Service of process

The corporation shall comply with the law on service of process of each State in which it is incorporated and each State in which it carries on activities.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1331.

§40111 · Liability for acts of officers and agents

The corporation is liable for the acts of its officers and agents acting within the scope of their authority.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1331.

§40112 Nothing in this section shall be construed to contravene any applicable State law.

Pub. L. 98–314, §10, June 12, 1984, 98 Stat. 238.

§2411 · Annual report

The corporation shall submit an annual report to Congress on report annually to the Congress concerning the activities of the corporation during the prior fiscal year. The preceding fiscal year. Such annual report shall be submitted at the same time as is the report of the audit required by section 10101 1101(63) of this title. The report may shall not be printed as a public document.

Pub. L.

105–225, Aug. 12, 1998, 112 Stat. 1331.

Chapter 403. Civil Air Patrol

§40301 · Organization

(a) Federal Charter.—Civil Air Patrol (in this chapter, the “corporation”) is a federally chartered corporation.

(b) Perpetual Existence.—Except as otherwise provided, the corporation has perpetual existence.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1331.

§40302 · Purposes

The purposes of the corporation are to—

(1) provide an organization to—

(A) encourage and aid citizens of the United States in contributing their efforts, services, and resources in developing aviation and in maintaining air supremacy; and

(B) encourage and develop by example the voluntary contribution of private citizens to the public welfare;

(2) provide aviation education and training especially to its senior and cadet members;

(3) encourage and foster civil aviation in local communities; and

(4) provide an organization of private citizens with adequate facilities to assist in meeting local and national emergencies.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1331.

§40303 · Membership

Eligibility for membership in the corporation and the rights and privileges of members are as provided in the constitution and bylaws of the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1332.

§40304 · Powers

The corporation may—

(1) adopt and amend a constitution, bylaws, and regulations;

(2) adopt and alter a corporate seal;

(3) establish and maintain offices in the District of Columbia and the States, territories, and possessions of the United States to conduct its affairs;

(4) acquire, own, lease, encumber, and transfer property as necessary to carry out the purposes of the corporation;

(5) sue and be sued; and

(6) do any other act necessary and proper to carry out the purposes of the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1332.

§40305 · Restrictions

The corporation may not engage in business for profit or issue stock.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1332.

§40306 · Exclusive right to name, insignia, copyrights, emblems, badges, marks, and words

The corporation has the exclusive right to use the name “Civil Air Patrol” and all insignia, copyrights, emblems, badges, descriptive or designating marks, words, and phrases the corporation adopts. This section does not affect any vested rights.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1332.

§40307 · Annual report

The corporation shall submit an annual report to Congress on the activities of the corporation during the prior fiscal year.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1332.

Chapter 405. Congressional Medal of Honor Society of the United States of America

§40501 · Organization

(a) Federal Charter.—Congressional Medal of Honor Society of the United States of America (in this chapter, the “corporation”) is a federally chartered corporation.

(b) Place of Incorporation and Domicile.—The corporation is declared to be incorporated and domiciled in the District of Columbia.

(c) Perpetual Existence.—Except as otherwise provided, the corporation has perpetual existence.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1332.

§40502 · Purposes

The purposes of the corporation are—

(1) to form a bond of friendship and comradeship among all holders of the Medal of Honor as presented by Congress;

(2) to protect, uphold, and preserve the dignity and honor of the medal at all times and on all occasions;

(3) to protect the name of the medal and individual holders of the medal from exploitation;

(4) to provide appropriate aid to all persons to whom the medal has been awarded, their widows, or their children;

(5) to serve our country in peace as in war;

(6) to inspire and stimulate our youth to become worthy citizens of our country; and

(7) to foster and perpetuate Americanism.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1333.

§40503 · Membership

(a) Eligibility.—An individual who has been awarded the Medal of Honor as presented by Congress is eligible for membership in the corporation. An honorary membership may not be granted.

(b) Voting.—Each member has one vote on each matter submitted to a vote at a meeting of the members. The vote may be cast in person or by proxy.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1333.

§40504 · Governing body

(a) Board of Directors.—(1) The board of directors is the governing body of the corporation. The board may exercise, or provide for the exercise of, the powers of the corporation.

(2) The number of directors, their manner of election (including the filling of vacancies), and their term of office are as provided in the bylaws. However, the board shall have at least 9 directors.

(3) The board shall meet at least annually. Each director has one vote on matters decided by the board.

(4) The president of the corporation is the chairman of the board.

(b) Officers.—(1) The officers of the corporation are a president, an executive vice president, a secretary, a treasurer, and 6 regional vice presidents as provided in the bylaws. The offices of secretary and treasurer may be combined and held by the same individual, but an individual holding those combined offices has only one vote as a director.

(2) The manner of election, term of office, duties, and powers of the officers are as provided in the bylaws.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1333.

§40505 · Powers

The corporation may—

(1) adopt and amend a constitution and bylaws for the management of its property and the regulation of its affairs;

(2) adopt and alter a corporate seal;

(3) choose officers, managers, and agents as the activities of the corporation require;

(4) charge and collect membership dues;

(5) make contracts;

(6) acquire, own, lease, encumber, and transfer property as necessary or convenient to carry out the purposes of the corporation;

(7) borrow money, issue instruments of indebtedness, and secure its obligations by granting security interests in its property;

(8) sue and be sued; and

(9) do any other act necessary and proper to carry out the purposes of the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1333.

§40506 · Restrictions

(a) Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend.

(b) Political Activities.—The corporation or a director or officer as such may not contribute to, support, or participate in any political activity or in any manner attempt to influence legislation.

(c) Distribution of Income or Assets.—The income or assets of the corporation may not inure to the benefit of, or be distributed to, a director, officer, or member as such during the life of the corporation or on its dissolution or final liquidation. This subsection does not prevent the payment of—

(1) expenses of officers of the corporation in amounts approved by the board of directors; or

(2) appropriate aid to individuals to whom the Medal of Honor has been awarded, their widows, or their children, to carry out the purposes of the corporation.

(d) Loans.—The corporation may not make a loan to a director, officer, or employee. Directors and officers who vote for or assent to making a loan to a director, officer, or employee, and officers who participate in making the loan, are jointly and severally liable to the corporation for the amount of the loan until it is repaid.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1334.

§40507 · Principal office

The principal office of the corporation shall be in the District of Columbia or another place decided by the board of directors. However, the activities of the corporation are not confined to the place where the principal office is located but may be conducted throughout the States, territories, and possessions of the United States.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1334.

§40508 · Records and inspection

(a) Records.—The corporation shall keep—

(1) correct and complete records of account;

(2) minutes of the proceedings of its members, board of directors, and committees having any of the authority of its board of directors; and

(3) at its principal office, a record of the names and addresses of its members entitled to vote.

(b) Inspection.—A member entitled to vote, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1334.

§40509 · Service of process

The corporation shall have a designated agent in the District of Columbia to receive service of process for the corporation. Notice to or service on the agent, or mailed to the business address of the agent, is notice to or service on the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1334.

§40510 · Liability

(a) Liability of Corporation.—The corporation is liable for the acts of its officers and agents acting within the scope of their authority.

(b) Immunity of Individuals.—A member or private individual is not liable for the obligations of the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1335.

§40511 · Distribution of assets on dissolution or final liquidation

On dissolution or final liquidation of the corporation, any assets remaining after the discharge of all liabilities shall be distributed as provided by the board of directors, but in compliance with the bylaws.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1335.

Chapter 407. Corporation for the Promotion of Rifle Practice and Firearms Safety

Subchapter I—Corporation

§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.

§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.

Subchapter II—Civilian Marksmanship Program

§40721 · Responsibility of corporation

The corporation shall supervise and control the Civilian Marksmanship Program.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1337.

§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.

§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.

§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.

§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.

§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.

§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.

§40728 · Transfer of firearms, ammunition, and parts

(a) Required Transfers.—In accordance with subsection (b) of this section, the Secretary of the Army shall transfer to the corporation all firearms and ammunition that, on February 9, 1996, were under the control of the director of civilian marksmanship (as that position existed under section 4307 of title 10 on February 9, 1996), including—

(1) all firearms on loan to affiliated clubs and State associations;

(2) all firearms in the possession of the Civilian Marksmanship Support Detachment; and

(3) all M–1 Garand and caliber .22 rimfire rifles stored at Defense Distribution Depot, Anniston, Anniston, Alabama.

(b) Time for Transfers.—The Secretary shall transfer firearms and ammunition under subsection (a) of this section as and when necessary to enable the corporation—

(1) to issue or loan firearms or ammunition under section 40731 of this title; or

(2) to sell firearms or ammunition under section 40732 of this title.

(c) Vesting of Title in Transferred Items.—Title to an item transferred to the corporation under this section shall vest in the corporation—

(1) on the issuance of the item to an eligible recipient under section 40731 of this title; or

(2) immediately before the corporation delivers the item to a purchaser in accordance with a contract for sale of the item that is authorized under section 40732 of this title.

(d) Storage of Firearms.—Firearms stored at Defense Distribution Depot, Anniston, Anniston, Alabama, before February 10, 1996, and used for the Civilian Marksmanship Program (as that program existed under section 4308(e) of title 10 before February 10, 1996), shall remain at that facility or another storage facility designated by the Secretary, without cost to the corporation, until the firearms are issued, loaned, or sold by the corporation, or otherwise transferred to the corporation.

(e) Discretionary Transfer of Parts.—The Secretary may transfer from the inventory of the Department of the Army to the corporation any part from a rifle designated to be demilitarized.

(f) Limitation on Demilitarization of M–1 Rifles.—After February 10, 1996, the Secretary may not demilitarize an M–1 Garand rifle in the inventory of the Army unless the Defense Logistics Agency decides the rifle is unserviceable.

(g) Cost of Transfers.—A transfer of firearms, ammunition, or parts to the corporation under this section shall be made without cost to the corporation, except that the corporation shall assume the cost of preparation and transportation of firearms and ammunition transferred under this section.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1339.

§40729 98–314, §12, June 12, 1984, 98 Stat. 239.§2412 · 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.

§40730 · Surplus property

The corporation may obtain surplus property from the Defense Reutilization Marketing Service to carry out the Civilian Marksmanship Program. A transfer of property to the corporation under this section shall be made without cost to the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1340.

§40731 · Issuance or loan of firearms and supplies

(a) Issuance or Loan.—For purposes of training and competition, the corporation may issue or loan, with or without charges to recover administrative costs, caliber .22 rimfire and caliber .30 surplus rifles, air rifles, caliber .22 and .30 ammunition, repair parts, and other supplies necessary for activities related to the Civilian Marksmanship Program to—

(1) organizations affiliated with the corporation that provide firearms training to youth;

(2) the Boy Scouts of America;

(3) 4–H Clubs;

(4) the Future Farmers of America; and

(5) other youth oriented organizations.

(b) Security of Firearms.—The corporation shall ensure adequate oversight and accountability for firearms issued or loaned under this section. The corporation shall prescribe procedures for the security of issued or loaned firearms in accordance with United States, State, and local laws.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1340.

§40732 · Sale of firearms and supplies

(a) Affiliated Organizations.—The corporation may sell, at fair market value, caliber .22 rimfire and caliber .30 surplus rifles, air rifles, caliber .22 and .30 ammunition, repair parts, and other supplies to organizations affiliated with the corporation that provide training in the use of firearms.

(b) Gun Club Members.—(1) The corporation may sell, at fair market value, caliber .22 rimfire and caliber .30 surplus rifles, ammunition, repair parts and other supplies necessary for target practice to a citizen of the United States who is over 18 years of age and who is a member of a gun club affiliated with the corporation.

(2) Except as provided in section 40733 of this title, sales under this subsection are subject to applicable United States, State, and local law. In addition to any other requirement, the corporation shall establish procedures to obtain a criminal records check of the individual with United States Government and State law enforcement agencies.

(c) Limitation on Sales.—(1) The corporation may not sell a repair part designed to convert a firearm to fire in a fully automatic mode.

(2) The corporation may not sell any item to an individual who has been convicted of—

(A) a felony; or

(B) a violation of section 922 of title 18.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1340.

§40733 · Applicability of other law

Section 922(a)(1)–(3) and (5) of title 18 does not apply to the shipment, transportation, receipt, transfer, sale, issuance, loan, or delivery by the corporation, of an item that the corporation is authorized to issue, loan, sell, or receive under this chapter.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1341.

Chapter 501. Daughters of Union Veterans of the Civil War 1861–1865

§50101 · Definition

For purposes of this chapter, “State” includes the District of Columbia and the territories and possessions of the United States.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1341.

§50102 · Organization

(a) Federal Charter.—Daughters of Union Veterans of the Civil War 1861–1865 (in this chapter, the “corporation”), a nonprofit corporation incorporated in Ohio, is a federally chartered corporation.

(b) Expiration of Charter.—If the corporation does not comply with any provision of this chapter, the charter granted by this chapter expires.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1341.

§50103 · Purposes

(a) Provided in Articles of Incorporation.—The purposes of the corporation are as provided in the articles of incorporation.

(b) Perpetuating Memories.—To perpetuate the memories of the fathers of the Daughters of Union Veterans of the Civil War 1861–1865, their loyalty to the Union, and their unselfish sacrifices for the preservation of the Union, the purposes of the corporation also include—

(1) encouraging the preservation of historic sites and the construction and preservation of monuments commemorating any aspect of the Civil War;

(2) building and maintaining a Museum of Civil War History, admission to which shall be free and open to the public, in the city of Springfield, Illinois, as a repository of Civil War documents, artifacts, and cultural relics;

(3) maintaining a library in connection with the Civil War museum, admission to which shall be open to the public, containing the official volumes of the War of the Rebellion Records, Civil War genealogical files, Adjutant General reports of the various States, military and biographical records and accounts of the individual service of Union soldiers, sailors, and marines, diaries, letters, relics, and other records;

(4) promulgating and teaching American history, particularly the history of the Civil War period, through the establishment of scholarship programs at the national and State levels, the presentation of American flags to youth groups and newly naturalized citizens, and the sponsorship of contests of educational merit;

(5) caring for veterans of all wars through volunteer programs in Department of Veterans Affairs medical centers and in homes and other institutions maintained by the States for the welfare of American veterans; and

(6) participating, in a spirit of cooperation and reciprocity, in programs with other societies devoted to American history, veterans’ affairs, or community interests.

(c) Veterans’ and Patriotic Organization.—The corporation shall function as a veterans’ and patriotic organization as authorized by the laws of each State in which it is incorporated.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1341.

§50104 · Membership

Eligibility for membership in the corporation and the rights and privileges of members are as provided in the constitution and bylaws of the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1342.

§50105 · Governing body

(a) Board of Directors.—The board of directors and the responsibilities of the board are as provided in the articles of incorporation.

(b) Officers.—The officers and the election of officers are as provided in the articles of incorporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1342.

§50106 · Powers

The corporation has only the powers provided in its bylaws and articles of incorporation filed in each State in which it is incorporated.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1342.

§50107 · Restrictions

(a) Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend.

(b) Political Activities.—The corporation or a director or officer as such may not contribute to, support, or participate in any political activity or in any manner attempt to influence legislation.

(c) Distribution of Income or Assets.—The income or assets of the corporation may not inure to the benefit of, or be distributed to, a director, officer, or member during the life of the charter granted by this chapter. This subsection does not prevent the payment of reasonable compensation to an officer or reimbursement for actual necessary expenses in amounts approved by the board of directors.

(d) Loans.—The corporation may not make a loan to a director, officer, or employee.

(e) Claim of Governmental Approval or Authorization.—The corporation may not claim congressional approval or the authority right to amend or repeal chapter

The right to alter, amend, or repeal this chapter is expressly reserved to the Congress.

Pub. L. 98–314, §13, June 12, 1984, 98 Stat. 239.

§2413 · “State” defined

For purposes of this chapter, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United

States Government for any of its activities.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1342.

§50108 · Duty to maintain tax-exempt States.

Pub. L. 98–314, §14, June 12, 1984, 98 Stat. 239.

§2414 · Tax-exempt status

The corporation shall maintain its status as an organization exempt from taxation under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.). as provided in title 26. If the corporation does not maintain that fails to maintain such status, the charter granted

by this chapter expires.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1343.

§50109 · Records and inspection

(a) Records.—The corporation shall keep—

(1) hereby shall expire.

Pub. L. 98–314, §15, June 12, 1984, 98 Stat. 239.

§2415 · Failure to comply with restrictions or provisions

If the corporation shall fail to comply with any of the restrictions or provisions of this chapter 

Pub. L. 98–314, §16, June 12, 1984, 98 Stat. 240.

Chapter 57. Polish Legion of American Veterans, u.s.A.

§2501 · Recognition as corporation and grant of Federal charter

The Polish Legion of American Veterans, U.S.A., a nonprofit corporation organized under the laws of the State of Illinois, is hereby recognized as such and is granted a charter.

Pub. L. 98–372, §1, July 23, 1984, 98 Stat. 1239.

§2502 · Powers of corporation

The Polish Legion of American Veterans, U.S.A. (hereinafter referred to as the “corporation”), shall have only those powers granted to it through its bylaws and articles of incorporation filed in the State or States in which it is incorporated and subject to the laws of such State or States.

Pub. L. 98–372, §2, July 23, 1984, 98 Stat. 1239.

§2503 · Objects and purposes of corporation

The objects and purposes of the corporation are those provided in its articles of incorporation. The corporation shall function as a veterans’ and patriotic organization as authorized by the laws of the State or States where it is incorporated.

Pub. L. 98–372, §3, July 23, 1984, 98 Stat. 1239.

§2504 · Service of process

With respect to service of process, the corporation shall comply with the laws of the States in which it is incorporated and those States in which it carries on its activities in furtherance of its corporate purposes.

Pub. L. 98–372, §4, July 23, 1984, 98 Stat. 1239.

§2505 · Membership; prohibition on discrimination

Eligibility for membership in the corporation and the rights and privileges of members shall, except as provided in this chapter, be as provided in the constitution and bylaws of the corporation, and terms of membership and requirements for holding office within the corporation shall not be discriminatory on the basis of race, color, religion, or national origin.

Pub. L. 98–372, §5, July 23, 1984, 98 Stat. 1239.

§2506 · Board of directors

The board of directors of the corporation and the responsibilities thereof shall be as provided in the articles of incorporation of the corporation and in conformity with the laws of the State or States in which it is incorporated.

Pub. L. 98–372, §6, July 23, 1984, 98 Stat. 1239.

§2507 · Officers

The officers of the corporation, and the election of such officers shall be as is provided in the articles of incorporation of the corporation and in conformity with the laws of the State or States wherein it is incorporated.

Pub. L. 98–372, §7, July 23, 1984, 98 Stat. 1240.

§2508 · Restrictions

(a) Distribution of income or assets to members

No part of the income or assets of the corporation shall inure to any member, officer, or director of the corporation or be distributed to any such person during the life of this charter. Nothing in this subsection shall be construed to prevent the payment of reasonable compensation to the officers of the corporation or reimbursement for actual necessary expenses in amounts approved by the board of directors.

(b) Loans

The corporation shall not make any loan to any officer, director, or employee of the corporation.

(c) Political activities

The corporation and any officer and director of the corporation, acting as such officer or director, shall not contribute to, support or otherwise participate in any political activity or in any manner attempt to influence legislation.

(d) Issuance of stock; dividends

The corporation shall have no power to issue any shares of stock nor to declare or pay any dividends.

(e) Claim of approval or authorization

The corporation shall not claim congressional approval or Federal Government authority for any of its activities.

Pub. L. 98–372, §8, July 23, 1984, 98 Stat. 1240.

§2509 · Liability for acts of officers and agents

The corporation shall be liable for the acts of its officers and agents when acting within the scope of their authority.

Pub. L. 98–372, §9, July 23, 1984, 98 Stat. 1240.

§2510 · Books and records; inspection

The corporation shall keep

correct and complete

records of account;(2) minutes of the proceedings

books and records of account and shall keep minutes of any proceeding of the corporation involving any of its members, the board of directors,

and committees having any of the authority of its board of directors; and(3)

or any committee having authority under the board of directors. The corporation shall keep at its principal office, office a record of the names and addresses of

its members entitled to vote.(b) Inspection.—A member entitled to vote, or an agent or attorney of the member, may inspect the records of the corporation

all members having the right to vote. All books and records of such corporation may be inspected by any member having the right to vote, or by any agent or attorney of such member, for any proper purpose, at any reasonable time.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1343.

§50110 · Service of process

The corporation shall comply with the law on service of process of each State in which it is incorporated and each State in which it carries on activities.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1343.

§50111 · Liability for acts of officers and agents

The corporation is liable for the acts of its officers and agents acting within the scope of their authority.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1343.

§50112 Nothing in this section shall be construed to contravene any applicable State law.

Pub. L. 98–372, §10, July 23, 1984, 98 Stat. 1240.

§2511 · Annual report

The corporation shall submit an annual report to Congress on report annually to the Congress concerning the activities of the corporation during the prior fiscal year. The preceding fiscal year. Such annual report shall be submitted at the same time as is the report of the audit required by section 10101 1101(58) of this title. The report may shall not be printed as a public document.

Pub. L.

105–225, Aug. 12, 1998, 112 Stat. 1343.

Chapter 503. Disabled American Veterans

§50301 · Organization

(a) Federal Charter.—Disabled American Veterans (in this chapter, the “corporation”) is a federally chartered corporation.

(b) Perpetual Existence.—Except as otherwise provided, the corporation has perpetual existence.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1343.

§50302 · Purposes

The purposes of the corporation are—

(1) to uphold and maintain the Constitution and laws of the United States;

(2) to realize the true American ideals and aims for which those eligible to membership fought;

(3) to advance the interests, and work for the betterment, of all wounded, injured, and disabled American veterans;

(4) to cooperate with the Department of Veterans Affairs and all other public and private agencies devoted to the cause of improving and advancing the condition, health, and interests of all wounded, injured, and disabled veterans;

(5) to stimulate a feeling of mutual devotion, helpfulness, and comradeship among all wounded, injured, and disabled veterans;

(6) to serve our comrades, our communities, and our country; and

(7) to encourage in all people that spirit of understanding which will guard against future wars.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1343.

§50303 · Membership

(a) Eligibility.—An individual is eligible for membership in the corporation if the individual—

(1)(A) was wounded, gassed, injured, or disabled in the line of duty during time of war while in the service of the military or naval forces of the United States; and

(B) was honorably discharged or separated from that service or is still in active service in the Armed Forces of the United States; or

(2)(A) was disabled while serving with any of the Armed Forces of a country associated with the United States as an ally during any of its war periods;

(B) is a citizen of the United States; and

(C) was honorably discharged.

(b) No Honorary Memberships.—An honorary membership may not be granted.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1344.

§50304 · Powers

The corporation may—

(1) adopt a constitution, bylaws, and regulations to carry out the purposes of the corporation;

(2) adopt and alter a corporate seal;

(3) adopt emblems and badges;

(4) establish and maintain offices to conduct its activities;

(5) establish State and territorial organizations and local chapter or post organizations;

(6) acquire, own, lease, encumber, and transfer property as necessary to carry out the purposes of the corporation;

(7) publish a newspaper and other publications devoted to the purposes of the corporation;

(8) sue and be sued; and

(9) do any other act necessary or proper to carry out the purposes of the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1344.

§50305 · Exclusive right to name

The corporation and its State and local subdivisions have the exclusive right to use the name “Disabled American Veterans”.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1344.

§50306 · Restrictions

The corporation shall be nonpolitical and nonsectarian, and may not promote the candidacy of an individual seeking public office.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1345.

§50307 · Service of process

As a condition to the exercise of any power or privilege granted by this chapter, the corporation shall file, with the secretary of state or other designated official of each State in which a chapter is organized, the name and address of an agent in that State on whom legal process or demands against the corporation may be served.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1345.

§50308 · Annual report

Not later than January 1 of each year, the corporation shall submit a report to Congress on the activities of the corporation during the prior fiscal year.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1345.

Chapter 601. 82nd Airborne Division Association, Incorporated

§60101 · Definition

For purposes of this chapter, “State” includes the District of Columbia and the territories and possessions of the United States.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1345.

§60102 · Organization

(a) Federal Charter.—82nd Airborne Division Association, Incorporated (in this chapter, the “corporation”), a nonprofit corporation incorporated in Illinois, is a federally chartered corporation.

(b) Expiration of Charter.—If the corporation does not comply with any provision of this chapter, the charter granted by this chapter expires.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1345.

§60103 · Purposes

The purposes of the corporation are as provided in the articles of incorporation and include—

(1) perpetuating the memory of members of the 82nd Airborne Division who fought and died for this country;

(2) furthering the common bond between retired and active members of the 82nd Airborne Division;

(3) providing educational assistance in the form of college scholarships and grants to the qualified children of current and former members of the 82nd Airborne Division;

(4) promoting civic and patriotic activities; and

(5) promoting the indispensable role of airborne defense to the national security of the United States.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1345.

§60104 · Membership

(a) Eligibility.—Except as provided in this chapter, eligibility for membership in the corporation and the rights and privileges of members are as provided in the constitution and bylaws of the corporation.

(b) Nondiscrimination.—The terms of membership may not discriminate on the basis of race, color, religion, sex, disability, or national origin.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1346.

§60105 · Governing body

(a) Board of Directors.—The board of directors and the responsibilities of the board are as provided in the articles of incorporation.

(b) Officers.—The officers and the election of officers are as provided in the articles of incorporation.

(c) Nondiscrimination.—The requirements for holding office in the corporation may not discriminate on the basis of race, color, religion, sex, disability, or national origin.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1346.

§60106 · Powers

The corporation has only the powers provided in its bylaws and articles of incorporation filed in each State in which it is incorporated.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1346.

§60107 · Restrictions

(a) Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend.

(b) Political Activities.—The corporation or a director or officer as such may not contribute to, support, or participate in any political activity or in any manner attempt to influence legislation.

(c) Distribution of Income or Assets.—The income or assets of the corporation may not inure to the benefit of, or be distributed to, a director, officer, or member during the life of the charter granted by this chapter. This subsection does not prevent the payment of reasonable compensation to an officer or reimbursement for actual and necessary expenses in amounts approved by the board of directors.

(d) Loans.—The corporation may not make a loan to a director, officer, or employee.

(e) Claim of Governmental Approval or Authorization.—The corporation may not claim congressional approval or the authority 98–372, §12, July 23, 1984, 98 Stat. 1240.

§2512 · Reservation of right to amend or repeal chapter

The right to alter, amend, or repeal this chapter is expressly reserved to the Congress.

Pub. L. 98–372, §13, July 23, 1984, 98 Stat. 1241.

§2513 · “State” defined

For purposes of this chapter, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions

of the United

States Government for any of its activities.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1346.

§60108 · Duty to maintain tax-exempt States.

Pub. L. 98–372, §14, July 23, 1984, 98 Stat. 1241.

§2514 · Tax-exempt status

The corporation shall maintain its status as an organization exempt from taxation

under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.).

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1346.

§60109 · Records and inspection

(a) Records.—The corporation shall keep—

(1) correct and complete records of account;

(2) minutes of the proceedings of its members, board of directors, and committees having any of the authority of its board of directors; and

(3) at its principal office, a record of the names and addresses of its members entitled to vote.

(b) Inspection.—A member entitled to vote, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1346.

§60110 · Service of process

The corporation shall comply with the law on service of process of each State as provided in title 26. If the corporation fails to maintain such status, the charter granted hereby shall expire.

Pub. L. 98–372, §15, July 23, 1984, 98 Stat. 1241.

§2515 · Failure to comply with restrictions or provisions

If the corporation shall fail to comply with any of the restrictions or provisions of this chapter, the charter granted hereby shall expire.

Pub. L. 98–372, §16, July 23, 1984, 98 Stat. 1241.

Chapter 58. Catholic War Veterans of the United States of America, Inc.

§2601 · Recognition as corporation and grant of Federal charter

The Catholic War Veterans of the United States of America, Incorporated, organized and incorporated under the laws of the State of New York, is hereby recognized as such and is granted a charter.

Pub. L. 98–382, §1, Aug. 17, 1984, 98 Stat. 1343.

§2602 · Powers of corporation

The Catholic War Veterans of the United States of America, Incorporated, (hereinafter referred to as the “corporation”) shall have only those powers granted to it through its bylaws and articles of incorporation filed in the State or States

in which it is incorporated and each State subject to the laws of such State or States.

Pub. L. 98–382, §2, Aug. 17, 1984, 98 Stat. 1343.

§2603 · Objects and purposes of corporation

The objects and purposes of the corporation are those provided in its articles of incorporation and shall include a continuing commitment, on a national basis, to—

(a) preserve, protect, and defend the Constitution of the United States and the laws of the several States;

(b) commemorate the wars, campaigns, and military actions of the United States in order to reflect profound respect, high honor, and great tribute on the glorious dead and the surviving veterans of those wars, campaigns, and actions and to give all Americans a greater understanding of and appreciation for the sacrifices of those who participated in them on behalf of all Americans;

(c) stimulate to the highest degree possible the interest of the entire Nation in the problems of veterans, their widows, and orphans;

(d) cooperate to the fullest extent and in a harmonious manner with all veterans’ organizations in common projects designed to serve the interests of all veterans of all wars in which the United States of America has participated;

(e) collate, preserve, and encourage the study of historical episodes, chronicles, mementos, and events pertaining to the wars, campaigns, and military actions of the United States of America;

(f) inculcate an enduring love of country, a deep and abiding sense of patriotism, and a profound commitment to Americanism among all the people of the United States;

(g) encourage, among the youth of our Nation, respect for our national flag, anthem, and for the traditions of America;

(h) preserve the freedoms of all of the people, national peace, prosperity, tranquility, good will, the permanence of free institutions, and the defense of the United States;

(i) foster the association of veterans of the Catholic faith who have served in the Armed Forces of the United States;

(j) encourage morality in government, labor, management, economic, social, fraternal, and all other phases of American life;

(k) promote the realization that the family is the basic unit of society;

(l) increase our love, honor, service to God, and to our fellow man without regard to race, creed, color, or national origin; and

(m) function as a veterans’ and patriotic organization as authorized by the laws of the State or States where it is incorporated.

Pub. L. 98–382, §3, Aug. 17, 1984, 98 Stat. 1343.

§2604 · Service of process

With respect to service of process, the corporation shall comply with the laws of the States in which it is incorporated and those States in which it carries on its activities in furtherance of its corporate purposes.

Pub. L. 98–382, §4, Aug. 17, 1984, 98 Stat. 1344.

§2605 · Membership

Eligibility for membership in the corporation and the rights and privileges of members shall be as provided in the bylaws of the corporation.

Pub. L. 98–382, §5, Aug. 17, 1984, 98 Stat. 1344.

§2606 · Board of directors

The board of directors of the corporation and the responsibilities thereof shall be as provided in the articles of incorporation of the corporation and in conformity with the laws of the State or States in which it is incorporated.

Pub. L. 98–382, §6, Aug. 17, 1984, 98 Stat. 1344.

§2607 · Officers

The officers of the corporation, and the election of such officers shall be as is provided in the articles of incorporation of the corporation and in conformity with the laws of the State or States wherein it is incorporated.

Pub. L. 98–382, §7, Aug. 17, 1984, 98 Stat. 1344.

§2608 · Restrictions

(a) Distribution of income or assets to members

No part of the income or assets of the corporation shall inure to any member, officer, or director of the corporation or be distributed to any such person during the life of this charter. Nothing in this subsection shall be construed to prevent the payment of reasonable compensation to the officers of the corporation or reimbursement for actual necessary expenses in amounts approved by the board of directors.

(b) Loans

The corporation shall not make any loan to any officer, director, or employee of the corporation.

(c) Issuance of stock; dividends

The corporation shall have no power to issue any shares of stock nor to declare or pay any dividends.

(d) Claim of approval or authorization

The corporation shall not claim congressional approval or Federal Government authority for any of its activities.

Pub. L.

105–225, Aug. 12, 1998, 112 Stat. 1347.§60111 98–382, §8, Aug. 17, 1984, 98 Stat. 1344.§2609 · Liability for acts of officers and agents

The corporation is shall be liable for the acts of its officers and agents when acting within the scope of their authority.

Pub. L.

105–225, Aug. 12, 1998, 112 Stat. 1347.§60112 98–382, §9, Aug. 17, 1984, 98 Stat. 1345.

§2610 · Books and records; inspection

The corporation shall keep correct and complete books and records of account and shall keep minutes of any proceeding of the corporation involving any of its members, the board of directors, or any committee having authority under the board of directors. The corporation shall keep at its principal office a record of the names and addresses of all members having the right of 

Pub. L. 98–382, §10, Aug. 17, 1984, 98 Stat. 1345.

§2611 · Annual report

The corporation shall submit an annual report to Congress on report annually to the Congress concerning the activities of the corporation during the prior fiscal year. The preceding fiscal year. Such annual report shall be submitted at the same time as is the report of the audit required by section 10101 1101(60) of this title. The report may shall not be printed as a public document.

Pub. L.

105–225, Aug. 12, 1998, 112 Stat. 1347.

Chapter 701. Fleet Reserve Association

§70101 · Definition

For purposes of this chapter, “State” includes the District of Columbia and the territories and possessions of the United States.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1347.

§70102 · Organization

(a) Federal Charter.—Fleet Reserve Association (in this chapter, the “corporation”), a nonprofit corporation incorporated in Delaware, is a federally chartered corporation.

(b) Expiration of Charter.—If the corporation does not comply with any provision of this chapter, the charter granted by this chapter expires.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1347.

§70103 · Purposes

(a) General.—The purposes of the corporation are as provided in its articles of incorporation and bylaws and include—

(1) upholding and defending the Constitution of the United States;

(2) aiding and maintaining an adequate naval defense for the United States;

(3) assisting the recruitment of the best personnel available for the United States Navy, United States Marine Corps, and United States Coast Guard;

(4) providing for the welfare of the personnel who serve in the United States Navy, United States Marine Corps, and United States Coast Guard;

(5) continuing to loyally serve the United States Navy, United States Marine Corps, and United States Coast Guard;

(6) preserving the spirit of shipmanship by providing assistance to shipmates and their families; and

(7) instilling love of the United States and its flag, and promoting soundness of mind and body, in the youth of the United States.

(b) Corporate Function.—The corporation shall function as an educational, patriotic, civic, historical, and research organization under the laws of Delaware.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1347; Pub. L. 105–354, §1(7), Nov. 3, 1998, 112 Stat. 3244.

§70104 · Membership

(a) Eligibility.—Except as provided in this chapter, eligibility for membership in the corporation and the rights and privileges of members are as provided in the articles of incorporation and bylaws.

(b) Nondiscrimination.—The terms of membership may not discriminate on the basis of race, color, religion, sex, disability, age, or national origin.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1348.

§70105 · Governing body

(a) Board of Directors.—The board of directors and the responsibilities of the board are as provided in the bylaws and articles of incorporation.

(b) Officers.—The officers and the election of officers are as provided in the bylaws and articles of incorporation.

(c) Nondiscrimination.—The requirements for serving as a director or officer may not discriminate on the basis of race, color, religion, sex, disability, age, or national origin.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1348.

§70106 · Powers

The corporation has only the powers provided in its bylaws and articles of incorporation filed in each State in which it is incorporated.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1348.

§70107 · Restrictions

(a) Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend.

(b) Distribution of Income or Assets.—The income or assets of the corporation may not inure to the benefit of, or be distributed to, a director, officer, or member during the life of the charter granted by this chapter. This subsection does not prevent the payment of reasonable compensation to an officer or employee or reimbursement for actual necessary expenses in amounts approved by the board of directors.

(c) Loans.—The corporation may not make a loan to a director, officer, employee, or member.

(d) Claim of Governmental Approval or Authority.—The corporation may not claim congressional approval or the authority 98–382, §12, Aug. 17, 1984, 98 Stat. 1345.

§2612 · Reservation of right to amend or repeal chapter

The right to alter, amend, or repeal this chapter is expressly reserved to the Congress.

Pub. L. 98–382, §13, Aug. 17, 1984, 98 Stat. 1345.

§2613 · “State” defined

For purposes of this chapter, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions

of the United

States Government for any of its activities.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1348.

§70108 · Duty to maintain corporate and tax-exempt status

(a) Corporate Status.—The corporation shall maintain its status as a corporation incorporated under the laws of Delaware.

(b) Tax-Exempt Status.—The States.

Pub. L. 98–382, §14, Aug. 17, 1984, 98 Stat. 1345.

§2614 · Tax-exempt status

The

corporation shall maintain its status as an organization exempt from taxation

under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.).

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1348.

§70109 · Records and inspection

(a) Records.—The corporation shall keep—

(1) correct and complete records of account;

(2) minutes of the proceedings as provided in title 26. If the corporation fails to maintain such status, the charter granted hereby shall expire.

Pub. L. 98–382, §15, Aug. 17, 1984, 98 Stat. 1345.

§2615 · Failure to comply with restrictions or provisions

If the corporation shall fail to comply with any of the restrictions or provisions of this chapter 

Pub. L. 98–382, §16, Aug. 17, 1984, 98 Stat. 1346.

Chapter 59. Jewish War Veterans of the United States of America, Inc.

§2701 · Recognition as corporation and grant of Federal charter

(a) The Jewish War Veterans of the United States of America, Incorporated, organized and incorporated as a nonprofit entity under the laws of the State of New York, is hereby recognized as such and is granted a Federal charter.

(b) The corporation shall retain and maintain its status as a corporation organized and incorporated under the laws of the State of New York.

Pub. L. 98–391, §1, Aug. 21, 1984, 98 Stat. 1358.

§2702 · Powers of corporation

The Jewish War Veterans of the United States of America, Incorporated (hereinafter referred to as the “corporation”), shall have only those powers granted to it through its bylaws and articles of incorporation filed in the State or States in which it is incorporated and subject to the laws of such State or States.

Pub. L. 98–391, §2, Aug. 21, 1984, 98 Stat. 1358.

§2703 · Objects and purposes of corporation

The objects and purposes of the corporation are those provided in its articles of incorporation and shall include a continuing commitment, on a national basis, to—

(1) maintain true allegiance to the United States of America;

(2) foster and perpetuate true Americanism;

(3) combat whatever tends to impair the efficiency and permanency of our free institutions;

(4) uphold the fair name of the Jew and fight his battles wherever unjustly assailed;

(5) encourage the doctrine of universal liberty, equal rights and full justice to all men;

(6) combat the powers of bigotry and darkness wherever originating and whatever the target;

(7) preserve the spirit of comradeship by mutual helpfulness to comrades and their families;

(8) cooperate with and support existing educational institutions and establish educational institutions, and foster the education of ex-servicemen and ex-servicewomen and members of the corporation in the ideals and principles of Americanism;

(9) instill love of country and flag and to promote sound minds and bodies in members of the corporation and their youth; and

(10) preserve the memories and records of patriotic service performed by the men and women of the Jewish faith and to honor their memory and shield from neglect the graves of our heroic dead.

Pub. L. 98–391, §3, Aug. 21, 1984, 98 Stat. 1358.

§2704 · Service of process

With respect to service of process, the corporation shall comply with the laws of the States in which it is incorporated and those States in which it carries on its activities in furtherance of its corporate purposes.

Pub. L. 98–391, §4, Aug. 21, 1984, 98 Stat. 1359.

§2705 · Membership

Eligibility for membership in the corporation and the rights and privileges of members shall, except as provided in this chapter, be as provided in the bylaws and constitution of the corporation.

Pub. L. 98–391, §5, Aug. 21, 1984, 98 Stat. 1359.

§2706 · Board of directors

The board of directors of the corporation and the responsibilities thereof shall be as provided in the articles of incorporation of the corporation and in conformity with the laws of the State or States in which it is incorporated.

Pub. L. 98–391, §6, Aug. 21, 1984, 98 Stat. 1359.

§2707 · Officers

The officers of the corporation, and the election of such officers shall be as is provided in the articles of incorporation of the corporation and in conformity with the laws of the State or States wherein it is incorporated.

Pub. L. 98–391, §7, Aug. 21, 1984, 98 Stat. 1359.

§2708 · Restrictions

(a) Distribution of income or assets to members

No part of the income or assets of the corporation shall inure to any member, officer, or director of the corporation or be distributed to any such person during the life of this charter. Nothing in this subsection shall be construed to prevent the payment of reasonable compensation to the officers of the corporation or reimbursement for actual necessary expenses in amounts approved by the board of directors.

(b) Loans

The corporation shall not make any loan to any officer, director, or employee of the corporation.

(c) Issuance of stock; dividends

The corporation shall have no power to issue any shares of stock nor to declare or pay any dividends.

(d) Claim of approval or authorization

The corporation shall not claim congressional approval or Federal Government authority for any of its activities.

Pub. L. 98–391, §8, Aug. 21, 1984, 98 Stat. 1359.

§2709 · Liability for acts of officers and agents

The corporation shall be liable for the acts of its officers and agents when acting within the scope of their authority.

Pub. L. 98–391, §9, Aug. 21, 1984, 98 Stat. 1359.

§2710 · Books and records; inspection

The corporation shall keep correct and complete books and records of accounts and shall keep minutes of any proceeding of the corporation involving any

of its members, the board of directors,

and committees having any of the authority of its board of directors; and(3)

or any committee having authority under the board of directors. The corporation shall keep at its principal office, office a record of the names and addresses of

its members entitled to vote.(b) Inspection.—A member entitled to vote, or an agent or attorney of the member, may inspect the records of the corporation

all members having the right to vote. All books and records of such corporation may be inspected by any member having the right to vote, or by any agent or attorney of such member, for any proper purpose, at any reasonable time.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1349.

§70110 · Service of process

The corporation shall comply with the law on service of process of each State in which it is incorporated and each State in which it carries on activities.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1349.

§70111 · Liability for acts of officers and agents

The corporation is liable for the acts of its officers and agents acting within the scope of their authority.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1349.

§70112 Nothing in this section shall be construed to contravene any applicable State law.

Pub. L. 98–391, §10, Aug. 21, 1984, 98 Stat. 1360.

§2711 · Annual report

The corporation shall submit an annual report to Congress on report annually to the Congress concerning the activities of the corporation during the prior fiscal year. The preceding fiscal year. Such annual report shall be submitted at the same time as is the report of the audit required by section 10101 1101(62) of this title. The report may shall not be printed as a public document.

Pub. L.

105–225, Aug. 12, 1998, 112 Stat. 1349.

Chapter 703. Former Members of Congress

§70301 · Definition

For purposes of this chapter, “State” includes the District of Columbia and the territories and possessions of the United States.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1349.

§70302 · Organization

(a) Federal Charter.—Former Members of Congress (in this chapter, the “corporation”), a nonprofit corporation incorporated in the District of Columbia, is a federally chartered corporation.

(b) Expiration of Charter.—If the corporation does not comply with any provision of this chapter, the charter granted by this chapter expires.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1349.

§70303 · Purposes

The purposes of the corporation are as provided in the articles of incorporation and include the promotion of the cause of good government at the national level by improving the public understanding of Congress as an institution and strengthening its support by the public. The corporation shall function as an educational, patriotic, civic, historical, and research organization as authorized by the laws of each State in which it is incorporated.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1349.

§70304 · Membership

Eligibility for membership in the corporation and the rights and privileges of members are as provided in the bylaws.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1350.

§70305 · Governing body

(a) Board of Directors.—The board of directors and the responsibilities of the board are as provided in the articles of incorporation.

(b) Officers.—The officers and the election of officers are as provided in the articles of incorporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1350.

§70306 · Powers

The corporation has only the powers provided in its bylaws and articles of incorporation filed in each State in which it is incorporated.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1350.

§70307 · Restrictions

(a) Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend.

(b) Political Activities.—The corporation or a director or officer as such may not contribute to, support, or participate in any political activity or in any manner attempt to influence legislation.

(c) Distribution of Income or Assets.—The income or assets of the corporation may not inure to the benefit of, or be distributed to, a director, officer, or member during the life of the charter granted by this chapter. This subsection does not prevent the payment of reasonable compensation to an officer or reimbursement for actual necessary expenses in amounts approved by the board of directors.

(d) Loans.—The corporation may not make a loan to a director, officer, or employee.

(e) Claim of Governmental Approval or Authorization.—The corporation may not claim congressional approval or the authority 98–391, §12, Aug. 21, 1984, 98 Stat. 1360.

§2712 · Reservation of right to amend or repeal chapter

The right to alter, amend, or repeal this chapter is expressly reserved to the Congress.

Pub. L. 98–391, §13, Aug. 21, 1984, 98 Stat. 1360.

§2713 · “State” defined

For purposes of this chapter, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions

of the United

States Government for any of its activities.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1350.

§70308 · Duty to maintain tax-exempt States.

Pub. L. 98–391, §14, Aug. 21, 1984, 98 Stat. 1360.

§2714 · Tax-exempt status

The corporation shall maintain its status as an organization exempt from taxation

under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.).

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1350.

§70309 · Records and inspection

(a) Records.—The corporation shall keep—

(1) correct and complete records of account;

(2) minutes of the proceedings as provided in title 26. If the corporation fails to maintain such status, the charter granted hereby shall expire.

Pub. L. 98–391, §15, Aug. 21, 1984, 98 Stat. 1361; Pub. L. 99–514, §2, Oct. 22, 1986, 100 Stat. 2095.

§2715 · Failure to comply with restrictions or provisions

If the corporation shall fail to comply with any of the restrictions or provisions of this chapter, the charter granted hereby shall expire.

Pub. L. 98–391, §16, Aug. 21, 1984, 98 Stat. 1361.

Chapter 60. Navy Wives Clubs of America

§2801 · Recognition as corporation and grant of Federal charter

Navy Wives Clubs of America, organized and incorporated under the laws of the State of California, is hereby recognized as such and is granted a charter.

Pub. L. 98–520, §1, Oct. 19, 1984, 98 Stat. 2428.

§2802 · Powers of corporation

Navy Wives Clubs of America (hereinafter referred to as the “corporation”) shall have only those powers granted to it through its bylaws and articles of incorporation filed in the State or States which it is incorporated and subject to the laws of such State or States.

Pub. L. 98–520, §2, Oct. 19, 1984, 98 Stat. 2428.

§2803 · Objects and purposes of corporation

The objects and purposes for which the corporation is organized shall be those provided in its articles of incorporation and also shall be—

(1) to support the Constitution of the United States;

(2) to promote a friendly relationship between the wives of enlisted men who are serving in the active United States Navy, United States Marine Corps, or the United States Coast Guard or who are serving in the Active Reserves thereof; and

(3) to perform such charitable activities as provided by the constitution or bylaws of the corporation.

Pub. L. 98–520, §3, Oct. 19, 1984, 98 Stat. 2428.

§2804 · Service of process

With respect to service of process, the corporation shall comply with the laws of the States in which it is incorporated and those States in which it carries on its activities in furtherance of its corporate purposes.

Pub. L. 98–520, §4, Oct. 19, 1984, 98 Stat. 2428.

§2805 · Membership

Eligibility for membership in the corporation and the rights and privileges of members shall be as provided in the bylaws of the corporation.

Pub. L. 98–520, §5, Oct. 19, 1984, 98 Stat. 2428.

§2806 · Board of directors

The board of directors of the corporation and the responsibilities thereof shall be as provided in the articles of incorporation of the corporation and in conformity with the laws of the State or States in which it is incorporated.

Pub. L. 98–520, §6, Oct. 19, 1984, 98 Stat. 2428.

§2807 · Officers

The officers of the corporation, and the election of such officers shall be as is provided in the articles of incorporation of the corporation and in conformity with the laws of the State or States wherein it is incorporated.

Pub. L. 98–520, §7, Oct. 19, 1984, 98 Stat. 2429.

§2808 · Restrictions

(a) Distribution of income or assets to members

No part of the income or assets of the corporation shall inure to any member, officer, or director of the corporation or be distributed to any such person during the life of this charter. Nothing in this subsection shall be construed to prevent the payment of reasonable compensation to the officers of the corporation or reimbursement for actual necessary expenses in amounts approved by the board of directors.

(b) Loans

The corporation shall not make any loan to any officer, director, or employee of the corporation.

(c) Political activities

The corporation and any officer and director of the corporation, acting as such officer or director, shall not contribute to, support or otherwise participate in any political activity or in any manner attempt to influence legislation.

(d) Issuance of stock; dividends

The corporation shall have no power to issue any shares of stock nor to declare or pay any dividends.

(e) Claim of approval or authorization

The corporation shall not claim congressional approval or Federal Government authority for any of its activities.

(f) Retention of status under State laws

The corporation shall retain and maintain its status as a corporation organized and incorporated under the laws of the State or States wherein it is incorporated.

Pub. L. 98–520, §8, Oct. 19, 1984, 98 Stat. 2429.

§2809 · Liability for acts of officers and agents

The corporation shall be liable for the acts of its officers and agents when acting within the scope of their authority.

Pub. L. 98–520, §9, Oct. 19, 1984, 98 Stat. 2429.

§2810 · Books and records; inspection

The corporation shall keep correct and complete books and records of account and shall keep minutes of any proceeding of the corporation involving any

of its members, the board of directors,

and committees having any of the authority of its board of directors; and(3)

or any committee having authority under the board of directors. The corporation shall keep at its principal office, office a record of the names and addresses of

its members entitled to vote.(b) Inspection.—A member entitled to vote, or an agent or attorney of the member, may inspect the records of the corporation

all members having the right to vote. All books and records of such corporation may be inspected by any member having the right to vote, or by any agent or attorney of such member, for any proper purpose, at any reasonable time.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1350.

§70310 · Service of process

The corporation shall comply with the law on service of process of each State in which it is incorporated and each State in which it carries on activities.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1351.

§70311 · Liability for acts of officers and agents

The corporation is liable for the acts of its officers and agents acting within the scope of their authority.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1351.

§70312 Nothing in this section shall be construed to contravene any applicable State law.

Pub. L. 98–520, §10, Oct. 19, 1984, 98 Stat. 2429.

§2811 · Annual report

The corporation shall submit an annual report to Congress on report annually to the Congress concerning the activities of the corporation during the prior fiscal year. The preceding fiscal year. Such annual report shall be submitted at the same time as is the report of the audit required by section 10101 1101(67) of this title. The report may shall not be printed as a public document.

Pub. L.

105–225, Aug. 12, 1998, 112 Stat. 1351.

Chapter 705. The Foundation of the Federal Bar Association

§70501 · Organization

(a) Federal Charter.—The Foundation of the Federal Bar Association (in 98–520, §12, Oct. 19, 1984, 98 Stat. 2430.

§2812 · Reservation of right to amend or repeal chapter

The right to alter, amend, or repeal this chapter is expressly reserved to the Congress.

Pub. L. 98–520, §13, Oct. 19, 1984, 98 Stat. 2430.

§2813 · “State” defined

For purposes of

this chapter, the

“corporation”) is a federally chartered corporation.

(b) Place of Incorporation and Domicile.—The corporation is declared to be incorporated and domiciled in the District of Columbia.

(c) Perpetual Existence.—Except as otherwise provided, the corporation has perpetual existence.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1351.

§70502 · Purposes

The purposes of the corporation are—

(1) to receive and hold property, including by gift, devise, or grant, and to invest, administer, and dispose of the property without restrictions applicable to trustees or trust funds;

(2) to apply its income and any part of its principal exclusively to educational, charitable, scientific, or literary purposes—

(A) to advance the science of jurisprudence;

(B) to uphold high standards for the Federal judiciary and attorneys representing the United States Government;

(C) to promote and improve the administration of justice, including the study of means for the improved handling of the legal business of the departments, agencies, and instrumentalities of the Government;

(D) to facilitate the cultivation and diffusion of knowledge and understanding of the law and the promotion of the study of the law and the science of jurisprudence and research in jurisprudence, through the maintenance of a law library, the establishment of seminars, lectures, and studies devoted to the law, and the publication of addresses, essays, treatises, reports, and other literary works by students, practitioners, and teachers of the law; and

(E) to provide for the acquisition, preservation, and exhibition of rare books and documents, sculptures, paintings, and other objects of art and historical interest relating to the law, the courts, and the legal profession; and

(3) to do any other acts necessary or incident to the accomplishment of these purposes.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1351.

§70503 · Membership

(a) Members.—The members of the corporation are—

(1) the members of the National Council of the Federal Bar Association, a nonprofit corporation incorporated in the District of Columbia, during their term of membership on that Council; and

(2) other individuals the corporation provides for in the bylaws or otherwise.

(b) Voting.—Each member has one vote on each matter submitted to a vote of the members.

(c) Grounds for Disqualification.—An individual may not be a member, director, or officer of the corporation if the individual—

(1) is a member of, or advocates the principles of, an organization believing in, or working for, the overthrow of the United States Government by force or violence; or

(2) refuses to uphold and defend the Constitution

term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States.

Pub. L.

105–225, Aug. 12, 1998, 112 Stat. 1352.

§70504 · Governing body

(a) Board of Directors.—(1) The board of directors is the governing body of the corporation. The board may exercise, or provide for the exercise of, the powers of the corporation.

(2) The board shall consist of 12 individuals elected, and subject to removal at any time, by a majority vote of the members of the corporation. The term of office of an elected director is 6 years. A vacancy on the board shall be filled by a majority vote of the members of the corporation.

(3) The board shall meet at least annually. Each director has one vote on each matter decided by the board. The board may delegate its powers to a prudential committee subject to the direction of, and reporting to, the board.

(4) The president of the corporation is the chairman of the board and of the prudential committee.

(b) Officers.—(1) The officers of the corporation are a president, a vice president, a secretary, a treasurer, a historian, and other officers provided for in the bylaws. The powers of the officers are 98–520, §14, Oct. 19, 1984, 98 Stat. 2430.

§2814 · Tax-exempt status

The corporation shall maintain its status as an organization exempt from taxation

as provided in

the bylaws.(2) The title 26. If the corporation fails to maintain such status, the charter granted hereby shall expire.

Pub. L. 98–520, §15, Oct. 19, 1984, 98 Stat. 2430; Pub. L. 99–514, §2, Oct. 22, 1986, 100 Stat. 2095.

§2815 · Failure to comply with restrictions or provisions

If the corporation shall fail to comply with any of the restrictions or provisions of this chapter 

Pub. L. 98–520, §16, Oct. 19, 1984, 98 Stat. 2430.

Chapter 61. National Society, Daughters of the American Colonists

§2901 · Recognition as corporation and grant of Federal charter

National Society, Daughters of the American Colonists, organized and incorporated under the laws of the District of Columbia in 1921, is hereby recognized as such and is granted a charter.

Pub. L. 98–561, §1, Oct. 30, 1984, 98 Stat. 2910.

§2902 · Powers of corporation

National Society, Daughters of the American Colonists (hereinafter referred to as the “corporation”) shall have only those powers granted to it through its bylaws and articles of incorporation filed in the State or States in which it is incorporated and subject to the laws of such State or States.

Pub. L. 98–561, §2, Oct. 30, 1984, 98 Stat. 2910.

§2903 · Objects and purposes of corporation

The objects and purposes for which the corporation is organized shall be those provided in its articles of incorporation and shall include a continuing commitment, on a national basis, to—

(1) conduct research with respect to the history and deeds of the American colonists, and record and publish the results of such research;

(2) publish the memoirs of American colonists;

(3) erect memorials to commemorate the history and deeds of the American colonists;

(4) promote respect and admiration for the institutions, laws, and flag of the United States;

(5) engage in mutual improvement and educational activities; and

(6) establish scholarships to assist needy and deserving students and to promote the improvement of educational institutions, engage in volunteer service and make contributions to veterans hospitals, and perform such other charitable activities including the national presidents’ projects as may be provided by the articles of incorporation or bylaws of the society.

Pub. L. 98–561, §3, Oct. 30, 1984, 98 Stat. 2910.

§2904 · Service of process

With respect to service of process, the corporation shall comply with the laws of the States in which it is incorporated and those States in which it carries on its activities in furtherance of its corporate purposes.

Pub. L. 98–561, §4, Oct. 30, 1984, 98 Stat. 2910.

§2905 · Membership; prohibition on discrimination

Eligibility for membership in the corporation and the rights and privileges of members shall, except as provided in this chapter, be as provided in the constitution and bylaws of the corporation, and terms of membership and requirements for holding office within the corporation shall not be discriminatory on the basis of race, color, religion, or national origin.

Pub. L. 98–561, §5, Oct. 30, 1984, 98 Stat. 2911.

§2906 · Board of directors

The board of directors of the corporation and the responsibilities thereof shall be as provided in the articles of incorporation or bylaws of the corporation and in conformity with the laws of the State or States in which it is incorporated.

Pub. L. 98–561, §6, Oct. 30, 1984, 98 Stat. 2911.

§2907 · Officers

The officers of the corporation, and the election of such

officers shall be

elected by the board of directors at its annual meeting. The term of office of an officer is 1 year.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1352.

§70505 · Powers

The corporation may—

(1) adopt and amend bylaws for the management of its property and the regulation of its affairs;

(2) adopt and alter a corporate seal;

(3) choose officers, managers, and agents as the activities of the corporation require;

(4) make contracts;

(5) acquire, own, lease, encumber, and transfer property as necessary to carry out the purposes of the corporation;

(6) borrow money, issue instruments of indebtedness, and secure its obligations by granting security interests in its property;

(7) sue and be sued; and

(8) do any other act necessary and proper to carry out the purposes of the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1352.

§70506 · Exclusive right to name

The corporation has the exclusive right to use the name “The Foundation of the Federal Bar Association”.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1353.

§70507 as is provided in the articles of incorporation or bylaws of the corporation and in conformity with the laws of the State or States wherein it is incorporated.

Pub. L. 98–561, §7, Oct. 30, 1984, 98 Stat. 2911.

§2908 · Restrictions

(a)

Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend.

(b) Political Activities.—(1) The activities, funds, income, and property of the corporation may not be used to carry on political activity or attempt to influence legislation.

(2) The corporation or a director or officer as such may

Distribution of assets or income to members

No part of the income or assets of the corporation shall inure to any member, officer, or director of the corporation or be distributed to any such person during the life of this charter. Nothing in this subsection shall be construed to prevent the payment of reasonable compensation to the officers of the corporation or reimbursement for actual necessary expenses in amounts approved by the board of directors.

(b) Loans

The corporation shall not make any loan to any officer, director, or employee of the corporation.

(c) Political activities

The corporation and any officer and director of the corporation, acting as such officer or director, shall not contribute to, support, or assist a political party or candidate for elective public office.

(c) Distribution of Income.—The income of the corporation may not inure to the benefit of a director, officer, member, or private individual.

(d) Loans.—The corporation may not make a loan or advance to a director or officer. Directors and officers who vote for, assent to, or participate in making a loan or advance to a director or officer are jointly and severally liable to the corporation for the amount of the loan or advance until it is repaid.

(e) Immunity From Liability.—Members and private individuals are not liable for the obligations of the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1353.

§70508 · Principal office

otherwise participate in any political activity or in any manner attempt to influence legislation.

(d) Issuance of stock; dividends

The corporation shall have

its principal office in the District of Columbia, but may conduct its activities anywhere.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1353.

§70509 · Records and inspection

(a) Records.—The corporation shall keep—

(1) no power to issue any shares of stock nor to declare or pay any dividends.

(e) Claim of approval or authorization

The corporation shall not claim congressional approval or Federal Government authority for any of its activities.

(f) Retention of status under State laws

The corporation shall retain and maintain its status as a corporation organized and incorporated under the laws of the State or States wherein it is incorporated.

Pub. L. 98–561, §8, Oct. 30, 1984, 98 Stat. 2911.

§2909 · Exclusive right to name, emblems, seals, and badges

Subject to established or vested rights, the corporation shall have the sole and exclusive right to have and to use, in carrying out its purposes, the name National Society, Daughters of the American Colonists and any emblem, seal, or badge adopted or used by the corporation.

Pub. L. 98–561, §9, Oct. 30, 1984, 98 Stat. 2911.

§2910 · Liability for acts of officers and agents

The corporation shall be liable for the acts of its officers and agents when acting within the scope of their authority.

Pub. L. 98–561, §10, Oct. 30, 1984, 98 Stat. 2911.

§2911 · Books and records; inspection

The corporation shall keep

correct and complete

records of account;(2) minutes of the proceedings

books and records of account and shall keep minutes of any proceeding of the corporation involving any of its members, the board of directors,

and committees having any of the authority of its board of directors; and(3)

or any committee having authority under the board of directors. The corporation shall keep at its principal office, office a record of the names and addresses of

its members entitled to vote.(b) Inspection.—A member entitled to vote, or an agent or attorney of the member, may inspect the records of the corporation

all members having the right to vote. All books and records of such corporation may be inspected by any member having the right to vote, or by any agent or attorney of such member, for any proper purpose, at any reasonable time.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1353.

§70510 · Service of process

The corporation shall have a designated agent in the District of Columbia to receive service of process for the corporation. Notice to or service on the agent, or mailed to the business address of the agent, is notice to or service on the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1354.

§70511 · Liability for acts of officers and agents

The corporation is liable for the acts of its officers and agents acting within the scope of their authority.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1354.

§70512 · Deposit of assets on dissolution or final liquidation

On dissolution or final liquidation of the corporation, any assets remaining after the discharge of all liabilities shall be deposited in the Treasury of the United States as a miscellaneous receipt.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1354.

Chapter 707. Frederick Douglass Memorial and Historical Association

§70701 · Organization

(a) Federal Charter.—Frederick Douglass Memorial and Historical Association (in this chapter, the “corporation”) is a body corporate and politic in the District of Columbia.

(b) Perpetual Existence.—Except as otherwise provided, the corporation has perpetual existence.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1354.

§70702 · Purposes

The purposes of the corporation are—

(1) to preserve to posterity the memory of the life and character of the late Frederick Douglass; and

(2) to collect, collate, and preserve a historical record of the inception, progress, and culmination of the antislavery movement in the United States, and to assemble in the homestead of the late Frederick Douglass, commonly called Cedar Hill, in the village of Anacostia, District of Columbia, all suitable exhibits of records or things illustrative or commemorative of the antislavery movement and history that are donated to, or acquired by, the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1354.

§70703 · Governing body

(a) Board of Trustees.—(1) The board of trustees is the governing body of the corporation. The board shall exercise the powers granted to the corporation.

(2) The board shall consist of at least 9 but not more than 19 members. A vacancy on the board shall be filled by decision of the remaining members of the board.

(3) The board shall adopt a seal under which all acts of the corporation shall be passed and authenticated.

(b) Officers.—(1) The board shall elect officers the board considers necessary, including a treasurer, for the term and at the compensation the board decides, as provided in the bylaws.

(2) The treasurer shall give a bond as provided in the bylaws.

(3) The board may remove an officer, employee, or agent of the corporation for a cause provided in the bylaws.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1354.

§70704 · Powers

The corporation may—

(1) adopt and amend bylaws for the regulation of its affairs;

(2) adopt and alter a corporate seal;

(3) employ persons the corporation considers necessary;

(4) acquire, own, lease, encumber, and transfer property;

(5) sue and be sued; and

(6) do any other act to carry out the purposes of the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1355.

§70705 · Management of homestead and erection of monument

After the corporation has acquired any part of the property occupied by the late Frederick Douglass as his homestead, commonly called Cedar Hill, in the village of Anacostia, District of Columbia, the corporation may—

(1) manage, repair, and improve the property to carry out the purposes of the corporation; and

(2) erect on the property a monument to the memory of the late Frederick Douglass.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1355.

§70706 · Property exempt from taxation

Any property formerly occupied by the late Frederick Douglass as his homestead, commonly called Cedar Hill, in the village of Anacostia, District of Columbia, and owned by the corporation, is Nothing in this section shall be construed to contravene any applicable State law.

Pub. L. 98–561, §11, Oct. 30, 1984, 98 Stat. 2912.

§2912 · Annual report

The corporation shall report annually to the Congress concerning the activities of the corporation during the preceding fiscal year. Such annual report shall be submitted at the same time as is the report of the audit required by section 1101(66) of this title. The report shall not be printed as a public document.

Pub. L. 98–561, §13, Oct. 30, 1984, 98 Stat. 2912.

§2913 · Reservation of right to amend or repeal chapter

The right to alter, amend, or repeal this chapter is expressly reserved to the Congress.

Pub. L. 98–561, §14, Oct. 30, 1984, 98 Stat. 2912.

§2914 · “State” defined

For purposes of this chapter, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States.

Pub. L. 98–561, §15, Oct. 30, 1984, 98 Stat. 2912.

§2915 · Tax-exempt status

The corporation shall maintain its status as an organization exempt from taxation as

long as the property is used for the purposes of the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1355.

§70707 · Misnomer not to affect transfer of property

A misnomer of the corporation does not affect any transfer of property to or from the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1355.

§70708 · 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. 1355.

Chapter 709. Future Farmers of America

§70901 · Organization

(a) Federal Charter.—Future Farmers of America (in provided in title 26. If the corporation fails to maintain such status, the charter granted hereby shall expire.

Pub. L. 98–561, §16, Oct. 30, 1984, 98 Stat. 2913; Pub. L. 99–514, §2, Oct. 22, 1986, 100 Stat. 2095.

§2916 · Failure to comply with restrictions or provisions

If the corporation shall fail to comply with any of the restrictions or provisions of

this chapter, the

“corporation”) is a federally chartered corporation.

(b) Perpetual Existence.—Except as otherwise provided, the corporation has perpetual existence.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1356.

§70902 · Purposes

The purposes of the corporation are—

(1) to create, foster, and assist subsidiary chapters composed of students and former students of vocational agriculture in public schools qualifying for Federal reimbursement under the Smith-Hughes Vocational Education Act (20 U.S.C. 11–15, 16–28) and associations of those chapters in the States, territories, and possessions of the United States;

(2) to develop character, train for useful citizenship, and foster patriotism, and thereby develop competent and aggressive rural and agricultural leadership;

(3) to create and nurture a love of country life by encouraging members to improve the farm home and its surroundings, to develop organized rural recreational activities, and to create more interest in the intelligent choice of farming occupations;

(4) to encourage the practice of thrift;

(5) to procure for and distribute to State associations, local chapters, and members all official supplies and equipment of the corporation;

(6) to publish an official magazine and other publications for the members of the corporation;

(7) to strengthen the confidence of young men and women in themselves and their work, to encourage members in the development of individual farming programs, and to promote their permanent establishment in farming by—

(A) encouraging improvement in scholarship;

(B) providing prizes and awards to deserving students who have achieved distinction in vocational agriculture, including farm mechanics activities on a local, State, or national basis; and

(C) assisting financially, through loans or grants, deserving students in all-day vocational agriculture classes and young farmers under 30 years of age who were former students in all-day vocational agriculture classes in becoming satisfactorily established in a farming occupation;

(8) to cooperate with others, including State boards for vocational education, in accomplishing these purposes; and

(9) to engage in other activities, consistent with these purposes, determined by the governing body to be for the best interests of the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1356.

§70903 · Membership

(a) Eligibility.—Except as provided in this chapter, eligibility for membership in the corporation and the rights and privileges of members are as provided in the bylaws.

(b) Voting.—In matters of official business of a local chapter, each member has one vote. In matters of official business of a State association, each qualified delegate of a local chapter has one vote.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1356.

§70904 · Governing body

(a) Board of Directors.—(1) The board of directors is the governing body of the corporation. The board shall exercise the powers granted to the corporation.

(2) The board consists of the Secretary of Education, four staff members in the Department of Education, and four State supervisors of agriculture education. The Secretary is chairman of the board.

(3) The term of office of the directors and the method of selecting the directors (except ex officio directors) are as provided in the bylaws.

(4) The board shall meet at least annually at the time and place provided in the bylaws. The annual report of the board shall be presented at that meeting. Special meetings of the board may be called at any time by the chairman.

(b) Governing Committee.—The board may designate the chairman of the board and two members of the chairman's staff as a governing committee. When the board is not in session, the governing committee has the powers of the board subject to the board's direction and may authorize the seal of the corporation to be affixed to all papers that require it.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1357.

§70905 · National officers

(a) Composition.—The national officers of the corporation are a student president, four student vice presidents (one from each of four regions of the United States established in the bylaws for purposes of administration of the corporation), a student secretary, an executive secretary, a treasurer, and a national advisor.

(b) Board of Student Officers.—The national student officers of the corporation comprise a board of student officers. The board of student officers shall advise and make recommendations to the board of directors about the activities and business of the corporation.

(c) Election.—The national officers of the corporation shall be elected annually by a majority vote of the delegates assembled in the annual national convention from among qualified members of the corporation, except that—

(1) the national advisor shall be the Secretary of Education;

(2) the executive secretary shall be a member of the Department of Education; and

(3) the treasurer shall be an employee or member of a State agency that directs or supervises a State program of agricultural education under the provisions of the Smith-Hughes Vocational Education Act (20 U.S.C. 11–15, 16–28).

(d) Vote at National Convention.—Each qualified delegate has one vote at the annual national convention.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1357.

§70906 · Powers

The corporation may—

(1) adopt and amend bylaws and regulations for the management of its property and the regulation of its affairs, including the establishment and maintenance of local chapters and State associations of chapters;

(2) adopt and alter a corporate seal;

(3) adopt emblems and badges;

(4) choose officers, managers, agents, and employees as the activities of the corporation require;

(5) make contracts;

(6) acquire, own, lease, encumber, and transfer property as necessary or convenient to carry out the purposes of the corporation;

(7) borrow money, issue instruments of indebtedness, and secure its obligations by granting security interests in its property;

(8) use corporate funds to give prizes, awards, loans, and grants to deserving students and young farmers to carry out the purposes of the corporation;

(9) publish a magazine and other publications;

(10) procure for and distribute to State associations, local chapters, and members all official Future Farmers of America supplies and equipment;

(11) sue and be sued; and

(12) do any other act necessary and proper to carry out the purposes of the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1357.

§70907 · Exclusive right to name, seals, emblems, and badges

The corporation and its authorized chapters and associations of chapters have the exclusive right to use the name “Future Farmers of America” and the initials FFA as representing an agricultural membership organization and seals, emblems, and badges the corporation adopts.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1358.

§70908 · Restrictions

(a) Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend.

(b) Political Activities.—The corporation or a director, officer, or member as such may charter granted hereby shall expire.

Pub. L. 98–561, §17, Oct. 30, 1984, 98 Stat. 2913.

Chapter 62. 369th Veterans’ Association

§3001 · Recognition as corporation and grant of Federal charter

The 369th Veterans’ Association, a nonprofit corporation organized under the laws of the State of New York, is hereby recognized as such and is granted a charter.

Pub. L. 98–565, §1, Oct. 30, 1984, 98 Stat. 2920.

§3002 · Powers of corporation

369th Veterans’ Association (hereinafter referred to as the “corporation”) shall have only those powers granted to it through its bylaws and articles of incorporation filed in the State or States in which it is incorporated and subject to the laws of such State or States.

Pub. L. 98–565, §2, Oct. 30, 1984, 98 Stat. 2920.

§3003 · Objects and purposes of corporation

The objects and purposes of the corporation are those provided in its articles of incorporation and shall include—

(1) to promote the principles of friendship and good will among its members;

(2) to engage in all forms of social and civic endeavors that will tend to enhance the welfare of its members, and to inculcate in them the true principles of good citizenship; and

(3) to memorialize, individually and collectively, the patriotic services of its members in the several units of the 369th antiaircraft artillery group and other units in the Armed Forces of the United States.

Pub. L. 98–565, §3, Oct. 30, 1984, 98 Stat. 2920.

§3004 · Service of process

With respect to service of process, the corporation shall comply with the laws of the States in which it is incorporated and those States in which it carries on its activities in furtherance of its corporate purposes.

Pub. L. 98–565, §4, Oct. 30, 1984, 98 Stat. 2920.

§3005 · Membership; prohibition on discrimination

Eligibility for membership in the corporation and the rights and privileges of members shall, except as provided in this chapter, be as provided in the constitution and bylaws of the corporation, and terms of membership and requirements for holding office within the corporation shall not be discriminatory on the basis of race, color, religion, or national origin.

Pub. L. 98–565, §5, Oct. 30, 1984, 98 Stat. 2920.

§3006 · Board of directors

The board of directors of the corporation and the responsibilities thereof shall be as provided in the articles of incorporation of the corporation and in conformity with the laws of the State or States in which it is incorporated.

Pub. L. 98–565, §6, Oct. 30, 1984, 98 Stat. 2921.

§3007 · Officers

The officers of the corporation, and the election of such officers shall be as provided in the articles of incorporation of the corporation and in conformity with the laws of the State or States wherein it is incorporated.

Pub. L. 98–565, §7, Oct. 30, 1984, 98 Stat. 2921.

§3008 · Restrictions

(a) Distribution of income or assets to members

No part of the income or assets of the corporation shall inure to any member, officer, or director of the corporation or be distributed to any such person during the life of this charter. Nothing in this subsection shall be construed to prevent the payment of reasonable compensation to the officers of the corporation or reimbursement for actual necessary expenses in amounts approved by the board of directors.

(b) Loans

The corporation shall not make any loan to any officer, director, or employee of the corporation.

(c) Political activities

The corporation and any officer and director of the corporation, acting as such officer or director, shall

not contribute to,

support, or assist a political party or candidate for elective public office.(c) Distribution of Income or Assets.—The income or assets of the corporation may not inure to the benefit of, support or otherwise participate in any political activity or in any manner attempt to influence legislation.

(d) Issuance of stock; dividends

The corporation shall have no power to issue any shares of stock nor to declare or pay any dividends.

(e) Claim of approval or authorization

The corporation shall not claim congressional approval or Federal Government authority for any of its activities.

Pub. L. 98–565, §8, Oct. 30, 1984, 98 Stat. 2921.

§3009 · Liability for acts of officers and agents

The corporation shall be liable for the acts of its officers and agents when acting within the scope of their authority.

Pub. L. 98–565, §9, Oct. 30, 1984, 98 Stat. 2921.

§3010 · Books and records; inspection

The corporation shall keep correct and complete books and records of accounts and shall keep minutes of any proceeding of the corporation involving any of its members, the board of directors, or any committee having authority under the board of directors. The corporation shall keep at its principal office a record of the names and addresses of all members having the right to vote. All books and records of such corporation may be inspected by any member having the right to vote, or by any agency or attorney of such member, for any proper purpose, at any reasonable time. Nothing in this section shall be construed to contravene any applicable State law.

Pub. L. 98–565, §10, Oct. 30, 1984, 98 Stat. 2921.

§3011 · Annual report

The corporation shall report annually to the Congress concerning the activities of the corporation during the preceding fiscal year. Such annual report shall be submitted at the same time as is the report of the audit required by section 1101(65) of this title. The report shall not be printed as a public document.

Pub. L. 98–565, §12, Oct. 30, 1984, 98 Stat. 2922.

§3012 · Reservation of right to amend or repeal chapter

The right to alter, amend, or repeal this chapter is expressly reserved to the Congress.

Pub. L. 98–565, §13, Oct. 30, 1984, 98 Stat. 2922.

§3013 · “State” defined

For purposes of this chapter, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States.

Pub. L. 98–565, §14, Oct. 30, 1984, 98 Stat. 2922.

§3014 · Tax-exempt status

The corporation shall maintain its status as an organization exempt from taxation as provided in title 26. If the corporation fails to maintain such status, the charter granted hereby shall expire.

Pub. L. 98–565, §15, Oct. 30, 1984, 98 Stat. 2922.

§3015 · Exclusive right to name, emblems, seals, and badges

The corporation shall have the sole and exclusive right to use the name “369th Veterans’ Association”, and such seals, emblems, and badges as the corporation may lawfully adopt. Nothing in this section shall be construed to interfere or conflict with established or vested rights.

Pub. L. 98–565, §16, Oct. 30, 1984, 98 Stat. 2922.

§3016 · Failure to comply with restrictions or provisions

If the corporation shall fail to comply with any of the restrictions or provisions of this chapter 

Pub. L. 98–565, §17, Oct. 30, 1984, 98 Stat. 2922.

Chapter 63. Women's Army Corps Veterans’ Association

§3101 · Recognition as corporation and grant of Federal charter

The Women's Army Corps Veterans’ Association, a nonprofit corporation organized under the laws of the District of Columbia, is recognized as such and is granted a Federal charter.

Pub. L. 98–584, §1, Oct. 30, 1984, 98 Stat. 3097.

§3102 · Powers of corporation

The Women's Army Corp Veterans’ Association (hereinafter in this chapter referred to as the “corporation”), shall have only those powers granted to it through its bylaws and articles of incorporation filed in the States in which it is incorporated, and subject to the laws of such States.

Pub. L. 98–584, §2, Oct. 30, 1984, 98 Stat. 3097.

§3103 · Objects and purposes of corporation

The objects and purposes of the corporation are those provided in its articles of incorporation and shall include a continuing commitment on a national basis to—

(1) promote the general welfare of all veterans, especially women veterans, who have served or are serving in the United States Army, the Army Reserve, and the Army National Guard;

(2) recognize outstanding women in college ROTC units throughout the United States; and

(3) provide services and support to patients in medical facilities of the Department of Veterans Affairs throughout the United States.

Pub. L. 98–584, §3, Oct. 30, 1984, 98 Stat. 3097; Pub. L. 102–54, §13(n)(7), June 13, 1991, 105 Stat. 278.

§3104 · Service of process

With respect to service of process, the corporation shall comply with the laws of the States in which it is incorporated and in which it carries on activities in furtherance of its corporate purposes.

Pub. L. 98–584, §4, Oct. 30, 1984, 98 Stat. 3097.

§3105 · Membership

Eligibility for membership in the corporation and the rights and privileges of members shall be as provided in the constitution and bylaws of the corporation.

Pub. L. 98–584, §5, Oct. 30, 1984, 98 Stat. 3097.

§3106 · Board of directors

The board of directors of the corporation and the responsibilities thereof shall be as provided in the articles of incorporation of the corporation and in conformity with the laws of the States in which it is incorporated.

Pub. L. 98–584, §6, Oct. 30, 1984, 98 Stat. 3097.

§3107 · Officers

The officers of the corporation and the election of such officers shall be as provided in the articles of incorporation of the corporation and shall be in conformity with the laws of the States in which it is incorporated.

Pub. L. 98–584, §7, Oct. 30, 1984, 98 Stat. 3098.

§3108 · Restrictions

(a) Distribution of income or assets to members

No part of the income or assets of the corporation may inure to any member, officer, or director of the corporation

or be distributed

to, a director, officer, or member, except on dissolution or final liquidation of the corporation.(d) Loans.—The to any such individual during the life of this charter. Nothing in this subsection shall be construed to prevent the payment of reasonable compensation to the officers of the corporation or reimbursement for actual and necessary expenses in amounts approved by the board of directors.

(b) Loans

The

corporation may not make

a loan to a director, officer, or employee. Directors who vote for or assent to making a loan to a director, officer, or employee, and officers who participate in making the loan, are jointly and severally liable to the corporation for the amount of the loan until it is repaid.

(e) Prizes, Awards, Grants, or Loans to Student Officers and Members Meeting Criteria.—This section does not preclude prizes, awards, grants, or loans to student officers and members meeting the criteria established by the board of directors for selecting recipients of those benefits.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1358.

§70909 · Availability of personnel, services, and facilities of Department of Education

On request of the board of directors of the corporation, the Secretary of Education may make personnel, services, and facilities of the Department of Education available to administer or assist in the administration of the activities

any loan to any officer, director, or employee of the corporation.

Personnel of the Department may not receive compensation from the corporation for their services, except that travel and other legitimate expenses as defined by the Secretary and approved by the board may be paid. The Secretary also may cooperate with the State boards for vocational education to assist in the promotion of the activities of the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1358.

§70910 · Headquarters and principal office

The headquarters and principal office of the

(c) Political activities

Neither the corporation nor any officer or director thereof may contribute to, support, or otherwise participate in any political activity or attempt in any manner to influence legislation.

(d) Issuance of stock; dividends

The corporation shall have no power to issue any shares of stock or to declare or pay any dividends.

(e) Claim of approval or authorization

The corporation shall not claim the approval or authorization of the Federal Government for any of its activities.

Pub. L. 98–584, §8, Oct. 30, 1984, 98 Stat. 3098.

§3109 · Liability for acts of officers and agents

The corporation shall be in the District of Columbia. However, liable for the acts of its officers and agents when acting within the scope of their authority.

Pub. L. 98–584, §9, Oct. 30, 1984, 98 Stat. 3098.

§3110 · Books and records; inspection

The corporation shall keep correct and complete books and records of accounts and shall keep minutes of any proceeding of the corporation involving any of its members, the board of directors, or any committee having authority under the board of directors. The corporation shall keep at its principal office a record of the names and addresses of all members having the right to vote in any proceeding of the corporation. All books and records of such corporation may be inspected by any member having the right to vote in any corporation proceeding, or by any agent or attorney of such member, for any proper purpose at any reasonable time. Nothing in this section shall be construed to contravene any applicable State law.

Pub. L. 98–584, §10, Oct. 30, 1984, 98 Stat. 3098.

§3111 · Annual report

The corporation shall report annually to the Congress concerning the activities of the corporation are not confined to during the preceding fiscal year. Such annual report shall be submitted at the same time as the report of the audit of the corporation required by section 1102 of this title. The report shall not be printed as a public document.

Pub. L. 98–584, §12, Oct. 30, 1984, 98 Stat. 3099.

§3112 · Reservation of right to amend or repeal chapter

The right to amend or repeal this chapter is expressly reserved to the Congress.

Pub. L. 98–584, §13, Oct. 30, 1984, 98 Stat. 3099.

§3113 · “State” defined

For purposes of this chapter, the term “State” includes the District of Columbia Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and the territories and possessions of the United States.

Pub. L. 98–584, §14, Oct. 30, 1984, 98 Stat. 3099.

§3114 · Tax-exempt status

The corporation shall maintain its status as an organization exempt from taxation as provided in title 26. If the corporation fails to maintain such status, the charter granted by this chapter shall expire.

Pub. L. 98–584, §15, Oct. 30, 1984, 98 Stat. 3099; Pub. L. 99–514, §2, Oct. 22, 1986, 100 Stat. 2095.

§3115 · Failure to comply with restrictions or provisions

If the corporation fails to comply with any of the restrictions or provisions of this chapter, the charter granted by this chapter shall expire.

Pub. L. 98–584, §16, Oct. 30, 1984, 98 Stat. 3099.

Chapter 64. American Chemical Society

§3201 · Corporation created

The persons following: Robert T. Baldwin, Edward Bartow, Erle M. Billings, E. K. Bolton, Willard H. Dow, Gustavus J. Esselen, Arthur J. Hill, Townes R. Leigh, Thomas Midgely, Junior, Charles L. Parsons, R. E. Swain, E. R. Weidlein, Frank C. Whitmore, H. H. Willard, and R. E. Wilson, being persons who are now directors of the American Chemical Society, a corporation existing under the laws of the State of New York, their associates and successors duly chosen, and such other persons as now are or may hereafter be associated with them as officers or members of said American Chemical Society, are hereby incorporated and constituted and declared to be a body corporate by the name of American Chemical Society.

Aug. 25, 1937, ch. 762, §1, 50 Stat. 798.

§3202 · Objects of corporation

The objects of the incorporation shall be to encourage in the broadest and most liberal manner the advancement of chemistry in all its branches; the promotion of research in chemical science and industry; the improvement of the qualifications and usefulness of chemists through high standards of professional ethics, education, and attainments; the increase and diffusion of chemical knowledge; and by its meetings, professional contacts, reports, papers, discussions, and publications, to promote scientific interests and inquiry, thereby fostering public welfare and education, aiding the development of our country's industries, and adding to the material prosperity and happiness of our people.

Aug. 25, 1937, ch. 762, §2, 50 Stat. 798.

§3203 · Powers of corporation

The American Chemical Society shall have power to make its own organization, including its constitution, bylaws, rules, and regulations; to fill all vacancies created by death, resignation, or otherwise; to provide for the election of members, their division into classes, and all other matters needful and useful to promote the objects of the society. It shall hold an annual meeting at such place in the United States as may from time to time be designated.

Aug. 25, 1937, ch. 762, §3, 50 Stat. 799.

§3204 · Cooperation with military; title to inventions and discoveries

The American Chemical Society shall, whenever called upon by the Army, Air Force, or Navy Department, investigate, examine, experiment, and report upon any subject in pure or applied chemistry connected with the national defense, the actual expense of such investigations, examinations, experiments, and reports to be paid from appropriations which may have been made for that purpose by Congress, but the society shall receive no compensation whatever for any services to the Government of the United States: Provided, That the title to any and all inventions and discoveries made in the course of such investigations, examinations, and experiments that, in the opinion of the Secretary of the Navy, the Secretary of the Air Force, or the Secretary of Army, involve the national defense, shall vest in the Government of the United States, and the Government of the United States shall have unlimited license under all other inventions and discoveries.

Aug. 25, 1937, ch. 762, §4, 50 Stat. 799; July 26, 1947, ch. 343, title II, §§205(a), 207(a), (f), 61 Stat. 501–503.

§3205 · Acquisition of property by devise, bequest, donation, or otherwise

The American Chemical Society be, and the same is hereby, authorized and empowered to receive, by devise, bequest, donation, or otherwise, either real or personal property and to hold the same absolutely or in trust, and to invest, reinvest, and manage the same and to apply said property and the income arising therefrom to the objects of its creation.

Aug. 25, 1937, ch. 762, §5, 50 Stat. 799.

§3206 · Completion of organization

As soon as may be possible after the passage of this Act a meeting of the directors hereinbefore named shall be held at the city of Washington in the District of Columbia by notice served in person or by mail addressed to each director at his place of residence by the Secretary of the American Chemical Society, a New York corporation, and the said directors, or a majority thereof, being assembled, shall organize and proceed to adopt bylaws, to elect officers and appoint committees, and generally to organize the said corporation; and said directors herein named, on behalf of the corporation hereby incorporated, shall thereupon receive, take over, and enter into possession, custody, and management of all property, real or personal, of the corporation heretofore known as the American Chemical Society, incorporated as hereinbefore set out under the laws of the State of New York on November 9, 1877, and to all its rights, contracts, claims, and property of any kind or nature; and the several officers of such corporation, or any other person having charge of any of the securities, funds, real or personal, books or property thereof, shall, on demand, deliver the same to the said directors appointed by this chapter or to the persons appointed by them to receive the same; and the directors of the existing corporation and the directors herein named shall and may take such other steps as shall be necessary to carry out the purposes of this chapter.

Aug. 25, 1937, ch. 762, §6, 50 Stat. 799.

§3207 · Rights of creditors

The rights of the creditors of the said existing New York corporation known as the American Chemical Society shall not in any manner be impaired by the passage of this Act, or the transfer of the property hereinbefore mentioned, nor shall any liability or obligation for the payment of any sums due or to become due, or any claim or demand, in any manner or for any cause existing against the said New York corporation, be released or impaired; but such corporation hereby incorporated is declared to succeed to the obligations and liabilities and to be held liable to pay and discharge all of the debts, liabilities, and contracts of the said New York corporation so existing to the same effect as if such new corporation had itself incurred the obligation or liability to pay such debt or damages, and no such action or proceeding before any court or tribunal shall be deemed to have abated or been discontinued by reason of the passage of this chapter.

Aug. 25, 1937, ch. 762, §7, 50 Stat. 799.

§3208 · Annual report

The corporation shall, on or before the 1st day of December in each year, transmit to Congress a report of its proceedings and activities for the preceding calendar year. Such reports shall not be printed as public documents.

Aug. 25, 1937, ch. 762, §8, 50 Stat. 800; Aug. 30, 1964, Pub. L. 88–504, §4(38), 78 Stat. 638.

§3209 · Reservation of right to amend or repeal chapter

The right to alter, amend, or repeal this chapter is hereby expressly reserved.

Aug. 25, 1937, ch. 762, §9, 50 Stat. 800.

Chapter 65. The American National Theater and Academy

§3301 · Corporation created

Leopold Stokowski, of Philadelphia, Pennsylvania; Evelyn Price (Mrs. Eli Kirk Price), of Philadelphia, Pennsylvania; George W. Norris, of Philadelphia, Pennsylvania; Samuel S. Fleischer, of Philadelphia, Pennsylvania; Amory Hare Hutchinson, of Philadelphia, Pennsylvania; Ellen D. Cleveland (Mrs. Richard F. Cleveland), of Baltimore, Maryland; Otto T. Mallory, of Philadelphia, Pennsylvania; Roland S. Morris, of Philadelphia, Pennsylvania; Mrs. George H. Lorimer, of Philadelphia, Pennsylvania; Hugh Hampton Young, of Baltimore, Maryland; Richard F. Cleveland, of Baltimore, Maryland; J. Howard Reber, of Philadelphia, Pennsylvania; Mary Stewart French, of Philadelphia, Pennsylvania; Clara R. Mason, of Philadelphia, Pennsylvania; Katharine Dexter McCormick (Mrs. Stanley McCormick), of Chicago, Illinois; Evangeline Stokowski (Mrs. Leopold Stokowski), of New York, New York; Elsie Jenkins Symington (Mrs. Donald Symington), of Baltimore, Maryland; B. Howell Griswold, of Baltimore, Maryland; Ann Morgan, of New York, New York; John Hay Whitney, of New York, New York; Otto H. Kahn, of New York, New York; Harriet Barnes Pratt (Mrs. Harold I. Pratt), of New York, New York; Mrs. W. Murray Crane, of New York, New York; A. Conger Goodyear, of New York, New York; Alice Garrett (Mrs. John W. Garrett), of Baltimore, Maryland; John W. Garrett, of Baltimore, Maryland; Joy Montgomery Higgins, of New York, New York; Arthur Woods, of New York, New York; Helen Woods (Mrs. Arthur Woods), of New York, New York; C. Lawton Campbell, of New York, New York; John H. Finley, of New York, New York; Cass Canfield, of New York, New York; Katharine E. Canfield (Mrs. Cass Canfield), of New York, New York; William Rhinelander Stewart, of New York, New York; Dorothea Blagden (Mrs. Linzee Blagden), of New York, New York; John W. Davis, of New York, New York; Francis Anita Crane, of New York, New York; Frank L. Polk, of New York, New York; Edward M. M. Warburg, of New York, New York; William Green, of Washington, District of Columbia; Mary Chichester du Pont (Mrs. Felix du Point), of Wilmington, Delaware; Betty Hawley, of New York, New York; Isabelle Anderson (Mrs. Larz Anderson), of Washington, District of Columbia; Mabel Boardman, of Washington, District of Columbia; Huibertje Lansing Pryn Hamlin (Mrs. Charles Hamlin), of Washington, District of Columbia; their associates and successors, duly chosen, are hereby incorporated, constituted, and declared to be a body corporate. The name of this corporation shall be “The American National Theater and Academy.”

July 5, 1935, ch. 373, §1, 49 Stat. 457.

§3302 · Nonprofit and without capital stock; purposes of corporation

The corporation shall be nonprofit and without capital stock. Its purposes shall embrace:

(a) The presentation of theatrical productions of the highest type;

(b) The stimulation of public interest in the drama as an art belonging both to the theater and to literature and thereby to be enjoyed both on the stage and in the study;

(c) The advancement of interest in the drama throughout the United States of America by furthering in the production of the best plays, interpreted by the best actors at a minimum cost;

(d) The further development of the study of drama of the present and past in our universities, colleges, schools, and elsewhere;

(e) The sponsoring, encouraging, and developing of the art and technique of the theater through a school within the National Academy.

July 5, 1935, ch. 373, §2, 49 Stat. 458.

§3303 · Powers of corporation

The corporation created by this chapter shall have the following powers:

To have perpetual succession with power to sue and to be sued in the courts of law and equity; to receive, hold, own, use, mortgage, and dispose of such real estate and personal property as shall be necessary for its corporate purposes; to adopt a corporate seal and alter the same at pleasure; to adopt a constitution, bylaws, and regulations to carry out its purposes not inconsistent with the laws of the United States or any States; to establish and maintain offices and buildings for the conduct of its business; to establish State and Territorial organizations and local branches; and generally to do all such acts and things as may be necessary and proper in carrying into effect the purposes of the corporation.

July 5, 1935, ch. 373, §3, 49 Stat. 458.

§3304 · Nonpolitical nature of corporation

The organization shall be nonpolitical, nonsectarian, as an organization shall not promote the candidacy of any persons seeking public office. There shall be no honorary members.

July 5, 1935, ch. 373, §4, 49 Stat. 458.

§3305 · Exclusive right to name

Said corporation and its State and local branches and subdivisions shall have the sole and exclusive right to have and to use in carrying out its purposes the name “The American National Theater and Academy.”

July 5, 1935, ch. 373, §5, 49 Stat. 458.

§3306 · Headquarters

Said corporation be, and is hereby, authorized to have its headquarters and hold its meetings at such places within or without the District of Columbia as it from time to time may deem best.

July 5, 1935, ch. 373, §6, 49 Stat. 458.

§3307 · Acquisition of property by devise, bequest, donation, or otherwise

The corporation is hereby authorized and empowered to receive by devise, bequest, donation, or otherwise, either real or personal property, and to hold the same absolutely or in trust and to invest, reinvest, and manage the same in accordance with the provisions of its constitution and to apply said property and the income arising therefrom to the objects of its creation and according to the instructions of its donors.

July 5, 1935, ch. 373, §7, 49 Stat. 459.

§3308 · Annual report

Said corporation shall on or before the 1st day of January in each year make and transmit to Congress a report of its proceedings for the preceding calendar year: Provided, however, That said report shall not be printed as a public document.

July 5, 1935, ch. 373, §8, 49 Stat. 459; Aug. 30, 1964, Pub. L. 88–504, §4(4), 78 Stat. 636.

§3309 · Agents for service of process

As a condition precedent to the exercise of any power or privilege herein granted or conferred, “The American National Theater and Academy” shall file in the office of the Secretary or the properly designated officer of each State or Territory or the District of Columbia in which is located either its headquarters or branches or subdivisions thereof the name and post-office address of an authorized agent upon whom legal process or demand against “The American National Theater and Academy” may be served.

July 5, 1935, ch. 373, §9, 49 Stat. 459.

§3310 · Reservation of right to amend or repeal chapter

The right to repeal, alter, or amend this chapter is hereby expressly reserved.

July 5, 1935, ch. 373, §10, 49 Stat. 459.

Chapter 66. American Symphony Orchestra League

§3401 · Corporation created

The following persons—

Harold Gregory, Salt Lake City, Utah;

Samuel R. Rosenbaum, Philadelphia, Pennsylvania;

Mrs. Harry Fagg, Beaumont, Texas;

Frank E. Joseph, Shaker Heights, Ohio;

John D. Wright, Phoenix, Maryland;

Doctor George Szell, Cleveland, Ohio;

Henry Denecke, Cedar Rapids, Iowa;

Harry Levenson, Worcester, Massachusetts;

Theodore C. Russell, Jackson, Mississippi;

Stanley Williams, Milwaukee, Wisconsin;

Oliver M. Clegg, Magnolia, Arkansas;

R. Philip Hanes, Junior, Winston-Salem, North Carolina;

Mrs. Ben Hale Golden, Lookout Mountain, Tennessee;

Miles F. Portlock, Junior, Orkney Springs, Virginia;

Mrs. B. H. Littlefield, Bradenton, Florida;

Cecil W. Slocum, Omaha, Nebraska;

Max Rudolph, Cincinnati, Ohio;

Mrs. Ward T. Langstroth, Billings, Montana;

Elden Bayley, Springfield, Ohio;

George Barati, Honolulu, Hawaii;

Mrs. Albert C. Olsen, Buffalo, New York;

John Edwards, Pittsburg, Pennsylvania;

Mrs. Mignonne P. Ladin, New York, New York;

Leslie C. White, Doraville, Georgia;

Mrs. Fitzgerald Parker, Nashville, Tennessee;

Doctor Peter Paul Fuchs, Baton Rouge, Louisiana;

R. Wilton Billstein, Woodbury, New Jersey;

Mrs. Elizabeth S. Greene, West Hartford, Connecticut;

Gibson Morrissey, Roanoke, Virginia;

Alfred C. Connable, Kalamazoo, Michigan;

Mrs. Holmes Frederick, Greenville, South Carolina;

William Steinberg, Pittsburg, Pennsylvania;

Virginia Wartman, Allentown, Pennsylvania;

Robert L. Conn, Springfield, Illinois;

Paul O. Grammer, Essex Fells, New Jersey;

Henry Janiec, Spartanburg, South Carolina;

Charles B. Stacy, Charleston, West Virginia;

Doctor James Christian Pfohl, Charlotte, North Carolina;

Frederick I. Moyer, Castle Rock, Colorado;

Thomas D. Perry, Junior, Hingham, Massachusetts;

Carlos Moseley, New York, New York;

Mrs. G. Robert Herberger, Scottsdale, Arizona;

James P. Robertson, Wichita, Kansas;

Myron Levite, Brooklyn, New York;

Mrs. Leo R. Pflaum, Wayzata, Minnesota;

and their successors, are hereby created and declared to be a body corporate by the name of American Symphony Orchestra League (hereinafter referred to as the corporation) and by such name shall be known and have perpetual succession and the powers, limitations, and restrictions herein contained.

Pub. L. 87–817, §1, Oct. 15, 1962, 76 Stat. 929.

§3402 · Completion of organization

A majority of the persons named in section 3401 of this title are authorized to complete the organization of the corporation by the selection of officers and employees, the adoption of a constitution and bylaws not inconsistent with this chapter, and the doing of such other acts as may be necessary for such purpose.

Pub. L. 87–817, §2, Oct. 15, 1962, 76 Stat. 930.

§3403 · Purposes of corporation

The purposes of the corporation shall be to—

(1) serve as a coordinating, research and educational agency and clearinghouse for symphony orchestras in order to help strengthen the work in their local communities;

(2) assist in the formation of new symphony orchestras;

(3) through suitable means, encourage and recognize the work of America's musicians, conductors, and composers; and

(4) aid the expansion of the musical and cultural life of the United States through suitable educational and service activities.

Pub. L. 87–817, §3, Oct. 15, 1962, 76 Stat. 930.

§3404 · Powers of corporation

The corporation shall have power—

(1) to have succession by its corporate name;

(2) to sue and be sued, complain and defend in any court of competent jurisdiction;

(3) to adopt, use, and alter a corporate seal;

(4) to choose such officers, managers, agents, and employees as the business of the corporation may require;

(5) to adopt, amend, and alter a constitution and bylaws, not inconsistent with the laws of the United States or any State in which the corporation is to operate, for the management of its property and the regulation of its affairs;

(6) to contract and be contracted with;

(7) to take by lease, gift, purchase, grant, devise, or bequest from any private corporation, association, partnership, firm, or individual and to hold any property, real, personal, or mixed, necessary or convenient for attaining the objects and carrying into effect the purposes of the corporation, subject, however, to applicable provisions of law of any State (A) governing the amount or kind of property which may be held by, or (B) otherwise limiting or controlling the ownership of property by, a corporation operating in such State;

(8) to transfer, convey, lease, sublease, encumber, and otherwise alienate real, personal, or mixed property; and

(9) to borrow money for the purposes of the corporation, issue bonds therefor, and secure the same by mortgage, deed of trust, pledge, or otherwise, subject in every case to all applicable provisions of Federal and State laws.

Pub. L. 87–817, §4, Oct. 15, 1962, 76 Stat. 930.

§3405 · Principal office; territorial scope of activities; service of process; authorized agent in District of Columbia

(a) The principal office of the corporation shall be located in Charleston, West Virginia, or in such other place as may be later determined by the board of directors, but the activities of the corporation shall not be confined to that place, but may be conducted throughout the States, territories, United States, the Commonwealth of Puerto Rico, and the territories and possessions of the United States.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1359.

§70911 · Records and inspection

(a) Records.—The corporation shall keep—

(1)

(b) The corporation shall have in the District of Columbia at all times a designated agent authorized to accept service of process for the corporation; and notice to or service upon such agent, or mailed to the business address of such agent, shall be deemed notice to or service upon the corporation.

Pub. L. 87–817, §5, Oct. 15, 1962, 76 Stat. 930.

§3406 · Membership; voting rights

(a) Eligibility for membership in the corporation and the rights, privileges, and designation of classes of members shall, except as provided in this chapter, be determined as the constitution and bylaws of the corporation may provide.

(b) Each member of the corporation, other than honorary, sustaining or associate members, shall have the right to one vote on each matter submitted to a vote at all meetings of the members of the corporation.

Pub. L. 87–817, §6, Oct. 15, 1962, 76 Stat. 931.

§3407 · Board of directors

(a) Composition of initial board

Upon the enactment of this chapter the membership of the initial board of directors of the corporation shall consist of the following persons:

R. Wilton Billstein, Woodbury, New Jersey;

Igor Buketoff, Fort Wayne, Indiana;

Mrs. Ronald A. Dougan, Beloit, Wisconsin;

Mrs. J. W. Graham, Sioux City, Iowa;

Howard Harrington, Detroit, Michigan;

William Herring, Winston-Salem, North Carolina;

Harold Kendrick, New Haven, Connecticut;

Robert MacIntyre, Birmingham, Alabama;

Thomas Perry, Junior, Boston, Massachusetts;

Mrs. H. W. Roberts, Dallas, Texas;

Mrs. Jouett Shouse, Washington, District of Columbia;

Alan Watrous, Dallas, Texas;

John S. Edwards, Pittsburgh, Pennsylvania;

Mrs. Fred Lazarus III, Cincinnati, Ohio;

Charles W. Bonner, Fresno, California;

Alfred Connable, Kalamazoo, Michigan;

Victor Feldbrill, Winnipeg, Manitoba, Canada;

Mrs. Gerald S. Greene, West Hartford, Connecticut;

Mrs. G. Robert Herberger, Scottsdale, Arizona;

Thomas Iannaccone, Rochester, New York;

Dr. Richard Lert, Hollywood, California;

Mrs. Fitzgerald Parker, Nashville, Tennessee;

Mrs. Leo R. Pflaum, Wayzata, Minnesota;

Miss Helen Ryan, Orlando, Florida;

George Szell, Cleveland, Ohio;

Jackson Wiley, Springfield, Ohio;

George Irwin, Quincy, Illinois;

R. H. Wangerin, Louisville, Kentucky.

(b) Composition of subsequent boards; tenure

Thereafter, the board of directors of the corporation shall consist of such number, shall be selected in such manner (including the filling of vacancies), and shall serve for such term as may be prescribed in the constitution and bylaws of the corporation.

(c) Governing period; duties

The board of directors shall be the governing board of the corporation and, during the intervals between the meetings of members, shall be responsible for the general policies and program of the corporation and for the control of all contributed funds as may be raised by the corporation.

Pub. L. 87–817, §7, Oct. 15, 1962, 76 Stat. 931.

§3408 · Officers

(a) The officers of the corporation shall be a president, one or more vice presidents (as may be prescribed in the constitution and bylaws of the corporation), a secretary, and a treasurer, and one or more assistant secretaries and assistant treasurers as may be provided in the constitution and bylaws.

(b) The officers of the corporation shall be elected in such manner and for such terms and with such duties as may be prescribed in the constitution and bylaws of the corporation.

Pub. L. 87–817, §8, Oct. 15, 1962, 76 Stat. 932.

§3409 · Distribution of income or assets to members; loans

(a) No part of the income or assets of the corporation shall inure to any of its members, directors, or officers as such, or be distributable to any of them during the life of the corporation or upon its dissolution or final liquidation. Nothing in this subsection, however, shall be construed to prevent the payment of compensation to officers of the corporation in amounts approved by the board of directors of the corporation.

(b) The corporation shall not make loans to its officers, directors, or employees. Any director who votes for or assents to the making of a loan or advance to an officer, director, or employee of the corporation, and any officer who participates in the making of such loan or advance, shall be jointly and severally liable to the corporation for the amount of such loan until the repayment thereof.

Pub. L. 87–817, §9, Oct. 15, 1962, 76 Stat. 932.

§3410 · Nonpolitical nature of corporation

The corporation, and its officers and directors as such, shall not contribute to or otherwise support or assist any political party or candidate for public office.

Pub. L. 87–817, §10, Oct. 15, 1962, 76 Stat. 932.

§3411 · Liability for acts of officers or agents

The corporation shall be liable for the acts of its officers and agents when acting within the scope of their authority.

Pub. L. 87–817, §11, Oct. 15, 1962, 76 Stat. 932.

§3412 · Prohibition against issuance of stock or payment of dividends

The corporation shall have no power to issue any shares of stock or to declare or pay any dividends.

Pub. L. 87–817, §12, Oct. 15, 1962, 76 Stat. 932.

§3413 · Books and records; inspection

The corporation shall keep correct and complete

records of account;(2)

books and records of account and shall keep minutes of the proceedings of its members, board of directors, and committees having any of the authority of its authority under the board of directors; and

(3) it shall also keep at its principal office a record of the names and addresses of its members entitled to vote.

(b) Inspection.—A member, or an agent or attorney of the member, may inspect the All books and records of the corporation may be inspected by any member entitled to vote, or his agent or attorney, for any proper purpose, at any reasonable time.

Pub. L.

105–225, Aug. 12, 1998, 112 Stat. 1359.

§70912 · Service of process

(a) District of Columbia.—The corporation shall have a designated agent in the District of Columbia to receive service of process for the corporation. Designation of the agent shall be filed in the office of the clerk of the United States District Court for the District of Columbia. Notice to or service on the agent, or mailed to the business address of the agent, is notice to or service on the corporation.

(b) States, Territories, and Possessions.—As a condition to the exercise of any power or privilege granted by this chapter, the Corporation 

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1359.

§70913 · Liability for acts of officers and agents

The corporation is liable for the acts of its officers and agents acting within the scope of their authority.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1359.

§70914 · Distribution 87–817, §13, Oct. 15, 1962, 76 Stat. 932.

§3414 · Repealed. Pub. L. 88–504, §4(37), Aug. 30, 1964, 78 Stat. 648

§3415 · Use of assets on dissolution or

final liquidationOn dissolution or final liquidation liquidationUpon dissolution or final liquidation of the corporation, any assets remaining after the discharge of all liabilities shall be used by after discharge or satisfaction of all outstanding obligations and liabilities, the remaining assets, if any, of the corporation shall be distributed in accordance with the determination of the board of directors

for the benefit of students of vocational agriculture or be transferred to a recognized educational foundation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1359.

Chapter 801. of the corporation and in compliance with the constitution and bylaws of the corporation and all Federal and State laws applicable thereto.

Pub. L. 87–817, §15, Oct. 15, 1962, 76 Stat. 933.

§3416 · Exclusive right to name, emblems, seals, and badges

The corporation shall have the sole and exclusive right to the name “American Symphony Orchestra League” and to have and to use in carrying out its purposes distinctive insignia, emblems and badges, descriptive or designating marks, and words or phrases as may be required in the furtherance of its functions. No powers or privileges hereby granted shall, however, interfere or conflict with established or vested rights.

Pub. L. 87–817, §16, Oct. 15, 1962, 76 Stat. 933.

§3417 · Acquisition of assets and liabilities of existing corporation

The corporation may acquire the assets of the American Symphony Orchestra League, Incorporated, a corporation organized under the laws of the States of Virginia and Michigan, upon discharging or satisfactorily providing for the payment and discharge of all of the liability of such corporation and upon complying with all laws of the States of Virginia and Michigan applicable thereto.

Pub. L. 87–817, §17, Oct. 15, 1962, 76 Stat. 933.

§3418 · Reservation of right to amend or repeal chapter

The right to alter, amend, or repeal this chapter is expressly reserved.

Pub. L. 87–817, §18, Oct. 15, 1962, 76 Stat. 933.

Chapter 67. General Federation of Women's Clubs

§80101 · Organization

(a) Federal Charter.—General Federation of Women's Clubs (in this chapter, the “corporation”) is

§3501 · Corporation created

(a) Name, style, and title; perpetual succession

Mrs. Rebecca D. Lowe, Atlanta, Georgia; Mrs. Dimies T. S. Denison, New York, New York; Miss Margaret J. Evans, Northfield, Minnesota; Mrs. Emma A. Fox, Detroit, Michigan; Mrs. George W. Kendrick, junior, Philadelphia, Pennsylvania; Mrs. Emma M. Van Vechten, Cedar Rapids, Iowa; Mrs. George H. Noyes, Milwaukee, Wisconsin; Mrs. Edward L. Buchwalter, Springfield, Ohio; Mrs. William J. Christie, Butte, Montana; Mrs. William T. Coad, Rapid City, South Dakota; Mrs. Laura Rockwell Priddy, Wichita, Kansas; Mrs. Frank Sherwin Streeter, Concord, New Hampshire; Mrs. Anna D. West, Somerville, Massachusetts; Mrs. Charles W. Fairbanks, Indiana; Mrs. Lucia E. Blount, Washington, District of Columbia; Mrs. Ralph Trautman, New York; Mrs. John L. McNeil, Colorado; Mrs. Mary S. Lockwood, Washington, District of Columbia; Mrs. May Wright Sewall, Indiana; Mrs. J. C. Croly, New York; Miss Mary V. Temple, Tennessee; Mrs. Phoebe A. Hearst, California; Mrs. Kate Tannett Woods, Massachusetts; Mrs. Julia Plato Harvey, Illinois; Mrs. Jane O. Cooper, Colorado; Mrs. Harriet H. Robinson, Massachusetts; Mrs. Ellen M. Henrotin, Illinois; Mrs. Mary E. Mumford, Pennsylvania; Mrs. C. P. Barnes, Kentucky; Mrs. Philip N. Moore, Missouri; Mrs. Alice Ives Breed, Massachusetts; Mrs. Frank Trumbull, Colorado; Miss Annie Laws, Ohio; Mrs. Sarah S. Platt-Decker, Colorado; Mrs. J. C. Royle, Utah; Josephine Bates, Mary Rogers, Octavia W. Bates, Fanny Purdy Palmer, Julia Ward Howe, Cordelia I. Sterling, Katherine Nobles, Mary D. Steele, and their associates and successors, are hereby created a body corporate and politic politic, of the District of

Columbia.

(b) Perpetual Existence.—Except as otherwise provided, the corporation has perpetual existence.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1360.

§80102 · Purposes

The corporation Columbia, by the name, style, and title of the General Federation of Women's Clubs, and by that name shall have perpetual succession.

(b) Tax exempt status

The General Federation of Women's Clubs

shall be organized and operated exclusively for charitable and educational purposes within the meaning of section 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)) and shall comply with the title 26 and shall otherwise comply with any requirements for classification as an exempt organization under section 501(c)(3). The charitable purposes of the corporation such section. Said charitable purposes shall be achieved through volunteer efforts by the members of the corporation, on the part of the membership of the General Federation of Women's Clubs, specifically including arts programs, conservation programs, educational programs, homelife programs, international affairs, public affairs programs advancing information about regarding public affairs, and community improvement programs.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1360.

§80103 · Constitution and bylaws

The corporation shall have a constitution and may adopt bylaws for the admission and qualifications of members, the management of its property, and the regulation of its affairs. The corporation may amend its constitution and bylaws.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1360.

§80104 · Property

The corporation may—

(1) acquire, own, lease, encumber, and transfer property as necessary to carry out the purposes of the corporation; and

(2) issue instruments of indebtedness in relation to its real property.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1360.

§80105 · Principal office and meetings

(a) Principal Office.—The principal office of the corporation shall be in the District of Columbia.

(b) Meetings.—The corporation may hold its meetings at places outside the District of Columbia.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1360.

§80106 · Distribution (c) Use of assets on dissolution

On In the event of the dissolution of the corporation, the General Federation of Women's Clubs, its board of directors shall liquidate and distribute its assets to organizations qualified as exempt organizations under section 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)) title 26 with purposes similar to those of the

corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1360.

Chapter 803. Girl Scouts of the United States of America

§80301 · Organization

(a) Federal Charter.—Girl Scouts of the United States of America (in this chapter, the “corporation”) is a body corporate and politic of the District of Columbia.

(b) Domicile.—The domicile of the corporation is the District of Columbia.

(c) Perpetual Existence.—Except as otherwise provided, the corporation has perpetual existence.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1361.

§80302 · Purposes

The purposes of the corporation are—

(1) to promote the qualities of truth, loyalty, helpfulness, friendliness, courtesy, purity, kindness, obedience, cheerfulness, thriftiness, and kindred virtues among girls, as a preparation for their responsibilities in the home and for service to the community;

(2) to direct and coordinate the Girl Scout movement in the United States and territories and possessions of the United States; and

(3) to fix and maintain standards for the movement that will inspire the rising generation with the highest ideals of character, patriotism, conduct, and attainment.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1361.

§80303 · Governing body

(a) National Council.—(1) There shall be a National Council of Girl Scouts. The number, qualifications, and term of office of members of the Council are as provided in the constitution of the corporation, except that members of the Council must be citizens of the United States.

(2) The Council may adopt and amend a constitution and bylaws and elect a board of directors, officers, and agents.

(3) The constitution may prescribe the number of members of the Council necessary for a quorum. That number may be less than a majority of the entire Council.

(4) Meetings of the Council shall be held as provided in the constitution to hold elections and receive reports of the officers and board of directors. Special meetings may be called as provided in the constitution.

(b) Board of Directors.—(1) To the extent provided in the constitution and bylaws, the board of directors shall have the powers of the Council and manage the activities of the corporation between meetings of the Council. The number, qualifications, and term of office of directors are as provided in the constitution.

(2) The constitution may prescribe the number of directors necessary for a quorum. That number shall be at least 20 or two-fifths of the entire board.

(c) Executive and Other Committees.—The bylaws may provide for—

(1) an executive committee to carry out the powers of the board of directors between meetings of the board; and

(2) other committees to operate under the general supervision of the board of directors.

(d) Location of Meetings and Records.—The Council and the board of directors may hold meetings and keep the seal and records of the corporation in or outside the District of Columbia.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1361.

§80304 · Powers

The corporation may—

(1) adopt and amend a constitution, bylaws, and regulations, including regulations for the election of associates and successors;

(2) adopt and alter a seal;

(3) have offices and conduct its activities in the District of Columbia and in the States, territories, and possessions of the United States;

(4) acquire, own, lease, encumber, and transfer property, and use any income from the property, as necessary to carry out the purposes of the corporation;

(5) sue and be sued within the jurisdiction of the United States; and

(6) do any other act necessary to carry out this chapter and the purposes of the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1362.

§80305 · Exclusive right to emblems, badges, marks, and words

The corporation has the exclusive right to use all emblems and badges, descriptive or designating marks, and words or phrases the corporation adopts, including the badge of the Girl Scouts, Incorporated, referred to in the Act of August 12, 1937 (ch. 590, 50 Stat. 623), and to authorize their use, during the life of the corporation, in connection with the manufacture, advertisement, and sale of equipment and merchandise. This section does not affect any vested rights.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1362.

§80306 · Restrictions

(a) Profit.—The corporation may not operate for profit.

(b) Political Activities.—The corporation shall be nonpolitical and nonsectarian.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1362.

§80307 · Annual report

Not later than April 1 of each year, the corporation shall submit a report to Congress on the activities of the corporation during the prior fiscal year. The report shall be printed each year, with accompanying illustrations, as a separate House document of the session of the Congress to which the report is submitted.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1362.

Chapter 805. Gold Star Wives of America

§80501 · Definition

For purposes of this chapter, “State” includes the District of Columbia and the territories and possessions of the United States.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1362.

§80502 · Organization

(a) Federal Charter.—Gold Star Wives of America (in this chapter, the “corporation”), incorporated in New York, is a federally chartered corporation.

(b) Expiration of Charter.—If the corporation does not comply with any provision of this chapter, the charter granted by this chapter expires.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1363.

§80503 · Purposes

The purposes of the corporation are—

(1) to operate in the public interest, as a nonpartisan and nonprofit organization, solely for patriotic, charitable, literary, educational, scientific, or civic improvement purposes; and

(2) the purposes stated in its General Federation of Women's Clubs.

Mar. 3, 1901, ch. 860, §1, 31 Stat. 1438; Aug. 7, 1986, Pub. L. 99–376, 100 Stat. 804; Oct. 22, 1986, Pub. L. 99–514, §2, 100 Stat. 2095.

§3502 · Acquisition of property by devise, bequest, donation, or otherwise

Said corporation is authorized to acquire, by devise, bequest, or otherwise, hold, purchase, and convey such real and personal estate as shall or may be required for the purpose of its incorporation with authority in said corporation, should it be by it deemed necessary so to do, to mortgage or otherwise encumber the real estate which it may hereafter own or acquire and may give therefor such evidences of indebtedness as such corporation may decide upon.

Mar. 3, 1901, ch. 860, §2, 31 Stat. 1439; Apr. 6, 1922, ch. 121, 42 Stat. 490; June 7, 1934, ch. 425, 48 Stat. 925; Dec. 15, 1975, Pub. L. 94–151, §1, 89 Stat. 809.

§3503 · Constitution; bylaws; headquarters

Said corporation shall have a constitution and may adopt and make by-laws for the admission and qualifications of members, the management of its property, and the regulation of its affairs, and shall have the power to amend said constitution and by-laws at pleasure. Said corporation shall have its headquarters at Washington, in the District of Columbia.

Mar. 3, 1901, ch. 860, §3, 31 Stat. 1439.

§3504 · Territorial scope of activities

Said corporation be, and it is hereby, authorized to hold its meetings at such places outside of Washington, in the District of Columbia, as it from time to time may deem best.

Mar. 3, 1901, ch. 860, §4, as added Apr. 28, 1904, ch. 1790, 33 Stat. 542; amended June 7, 1934, ch. 425, 48 Stat. 925.

Chapter 68. Pearl Harbor Survivors Association

§3601 · Recognition as corporation and grant of Federal charter

The Pearl Harbor Survivors Association, a nonprofit corporation organized under the laws of the State of Missouri, is recognized as such and is granted a Federal charter.

Pub. L. 99–119, §1, Oct. 7, 1985, 99 Stat. 498.

§3602 · Powers of corporation

The Pearl Harbor Survivors Association (hereinafter in this chapter referred to as the “corporation”) shall have those powers granted to it through its bylaws and

articles of incorporation that are filed in the State in which it is incorporated and subject to the laws of such State, and such powers shall include the following:

(1) To sue and be sued, complain, and defend in any court of competent jurisdiction.

(2) To adopt, alter, and use a corporate seal.

(3) To take gifts, legacies, and devises which will further the corporate purposes.

(4) To adopt, alter, and amend a constitution and bylaws, not inconsistent with the

purposes described in clause (1) of this section.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1363.

§80504 · Membership

(a) Eligibility.—Except laws of the United States or any State in which the corporation is to operate, for the management of its property and the regulation of its affairs.

(5) To charge and collect membership dues and subscription fees and to receive contributions or grants of money or property to be used to carry out its purposes.

(6) To establish, regulate, and maintain offices for the conduct of the affairs of the corporation.

(7) To promote the formation of auxiliaries, the membership requirements of which shall be determined according to the constitution and the bylaws of the corporation.

(8) To publish a magazine or other publications.

(9) To adopt emblems and badges.

(10) To do any and all lawful acts and things necessary or desirable to carry out the objects and purposes of the corporation.

Pub. L. 99–119, §2, Oct. 7, 1985, 99 Stat. 498.

§3603 · Objects and purposes of corporation

The objects and purposes of the corporation are those provided in its articles of incorporation and shall include the following:

(1) To uphold and defend the Constitution of the United States.

(2) To collate, preserve, and encourage the study of historical episodes, chronicles, mementos, and events pertaining to “The Day of Infamy, 7 December 1941”, and in particular those memories and records of patriotic service performed by the heroic Pearl Harbor survivors and nonsurvivors.

(3) To shield from neglect the graves, past and future, of those who served at Pearl Harbor on such day.

(4) To stimulate communities and political subdivisions into taking more interest in the affairs and future of the United States in order to keep our Nation alert.

(5) To fight unceasingly for our national security in order to protect the United States from enemies within and without our borders.

(6) To preserve the American way of life and to foster the spirit and practice of Americanism.

(7) To instill love of country and flag and to promote soundness of mind and body in the youth of our Nation.

Pub. L. 99–119, §3, Oct. 7, 1985, 99 Stat. 498.

§3604 · Service of process

With respect to service of process, the corporation shall comply with the laws of the State in which it is incorporated and those States in which it carries on its activities in furtherance of its corporate purposes.

Pub. L. 99–119, §4, Oct. 7, 1985, 99 Stat. 499.

§3605 · Membership; prohibition on discrimination

Eligibility for membership in the corporation and the rights and privileges of members of the corporation shall be

as provided in

this chapter, eligibility for membership in the corporation and the rights and privileges of members are as provided in the articles of incorporation and bylaws.(b) Nondiscrimination.—The

the constitution and bylaws of the corporation, except that terms of membership may not discriminate and requirements for holding office within the corporation shall not be discriminatory on the basis of race, color, religion, or national origin.

Pub. L.

105–225, Aug. 12, 1998, 112 Stat. 1363.

§80505 · Governing body

(a) Board of Directors.—The board of directors and the responsibilities 99–119, §5, Oct. 7, 1985, 99 Stat. 499.

§3606 · Board of directors

The composition

of the board are of directors of the corporation and the responsibilities of such board shall be as provided in the articles of

incorporation.

(b) Officers.—The officers and the election of officers are as provided in the articles of incorporation.

(c) Nondiscrimination.—The requirements for holding office in the corporation may not discriminate on the basis of race, color, religion, or national origin.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1363.

§80506 · Powers

The corporation has only the powers provided in its bylaws and articles of incorporation filed in

incorporation of the corporation and in conformity with the laws of the State in which it is incorporated.

Pub. L.

105–225, Aug. 12, 1998, 112 Stat. 1363.§80507 99–119, §6, Oct. 7, 1985, 99 Stat. 499.

§3607 · Officers

The positions of officers of the corporation and the election of members to such positions shall be as provided in the articles of incorporation of the corporation and in conformity with the laws of the State in which it is incorporated.

Pub. L. 99–119, §7, Oct. 7, 1985, 99 Stat. 499.

§3608 · Restrictions

(a)

Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend.

(b) Political Activities.—The corporation or a director or officer as such may not contribute to, support, or participate in any political activity or in any manner attempt to influence legislation.

(c) Distribution of Income or Assets.—The

Distribution of income or assets of the corporation may not inure to the benefit of, to membersNo part of the income or assets of the corporation shall inure to any member, officer, or director of the corporation or be distributed to, a director, officer, or member to any such person during the life of the charter granted by this chapter. This subsection does not corporation or upon its dissolution or final liquidation. Nothing in this subsection shall be construed to prevent the payment of reasonable compensation to an officer or compensation to the officers of the corporation for services rendered to the corporation or to prevent their reimbursement for actual necessary expenses in amounts approved by the board of directors.

(d) Loans.—The corporation may not make a loan to any director, officer, or employee.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1363.

§80508 · Duty to maintain tax-exempt

(b) Loans; advances

The corporation shall have no power to make loans or advances to any member, officer, director, or employee of the corporation.

(c) Issuance of stock; dividends

The corporation shall have no power to issue any shares of stock or to declare or pay any dividends.

(d) Political activities

The corporation and its officers, employees, and agents acting as such shall have no power to contribute to, support, or otherwise participate in any political activity or in any manner attempt to influence legislation.

(e) Claim of approval or authorization

The corporation shall have no power to claim congressional approval or Federal Government authority for any of its activities.

Pub. L. 99–119, §8, Oct. 7, 1985, 99 Stat. 499.

§3609 · Liability for acts of officers and agents

The corporation shall be liable for the acts of its officers and agents when they have acted within the scope of their authority.

Pub. L. 99–119, §9, Oct. 7, 1985, 99 Stat. 500.

§3610 · Books and records; inspection

The corporation shall keep correct and complete books and records of accounts and shall keep minutes of any proceeding involving any of its members, the board of directors, or any committee having authority under the board of directors. The corporation shall keep at its principal office a record of the names and addresses of all members having the right to vote in any proceeding of the corporation. All books and records of the corporation may be inspected by any member, or any agent or attorney of such member, for any proper purpose, at any reasonable time.

Pub. L. 99–119, §10, Oct. 7, 1985, 99 Stat. 500.

§3611 · Annual report

The corporation shall report annually to the Congress concerning the activities of the corporation during the preceding fiscal year. Such annual report shall be submitted at the same time as the report of the audit of the corporation required pursuant to section 1102 of this title. The report shall not be printed as a public document.

Pub. L. 99–119, §12, Oct. 7, 1985, 99 Stat. 500.

§3612 · Reservation of right to amend or repeal chapter

The right to alter, amend, or repeal this chapter is expressly reserved to the Congress.

Pub. L. 99–119, §13, Oct. 7, 1985, 99 Stat. 500.

§3613 · “State” defined

For purposes of this chapter, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and the territories and possessions of the United States.

Pub. L. 99–119, §14, Oct. 7, 1985, 99 Stat. 500.

§3614 · Tax-exempt status

The corporation shall maintain its status as an organization exempt from taxation

under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.).

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1364.

§80509 · Records and inspection

(a) Records.—The corporation shall keep—

(1) correct and complete records of account;

(2) minutes of the proceedings of its members, board of directors, and committees having any of the authority of its board of directors; and

(3) at its principal office, a record of the names and addresses of its members entitled to vote.

(b) Inspection.—A member entitled to vote, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1364.

§80510 · Service of process

The corporation shall comply with the law on service of process of each State in which it is incorporated and each State in which it carries on activities.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1364.

§80511 · Liability for acts of officers and agents

The corporation is liable for the acts of its officers and agents acting within the scope of their authority and in accordance with the laws of the States in which it carries on its activities.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1364.

§80512 · Annual report

The corporation shall submit an annual report to Congress on the activities of the corporation during the prior calendar year. The report may not be printed as a public document.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1364.

Chapter 901. [Reserved]

Chapter 1001. Italian American War Veterans of the United States

§100101 · Definition

For purposes of this chapter, “State” includes the District of Columbia and the territories and possessions of the United States.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1364.

§100102 · Organization

(a) Federal Charter.—Italian American War Veterans of the United States (in this chapter, the “corporation”), a nonprofit corporation incorporated in California, Connecticut, Florida, Massachusetts, New Jersey, New York, Ohio, Pennsylvania, and Rhode Island, is a federally chartered corporation.

(b) Expiration of Charter.—If the corporation does not as provided in title 26.

Pub. L. 99–119, §15, Oct. 7, 1985, 99 Stat. 500; Pub. L. 99–514, §2, Oct. 22, 1986, 100 Stat. 2095.

§3615 · Exclusive right to name, seals, emblems, and badges

The corporation and its regional districts and local branches shall have the sole and exclusive right to use in carrying out its purposes the name “Pearl Harbor Survivors Association”, and such seals, emblems, and badges as the corporation may adopt.

Pub. L. 99–119, §16, Oct. 7, 1985, 99 Stat. 501.

§3616 · Failure to comply with restrictions or provisions

If the corporation shall fail to

comply with any provision of the restrictions or provisions of this chapter, the charter granted by this chapter

expires.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1364.

§100103 · Purposes

The purposes of the corporation are as provided in the articles of incorporation and include—

(1) giving patriotic allegiance to the United States, fidelity to the Constitution and shall expire.

Pub. L. 99–119, §17, Oct. 7, 1985, 99 Stat. 501.

Chapter 69. Daughters of Union Veterans of the Civil War 1861–1865

§3701 · Recognition as corporation and grant of Federal charter

The Daughters of Union Veterans of the Civil War 1861–1865, a nonprofit corporation organized under the

laws of the

United States, and support to the security of civil liberty and permanence of free institutions;

(2) stimulating patriotism in the minds of Americans by encouraging the study of the history of the United States;

(3) ensuring the preservation and defense of the United States from all enemies without reservation;

(4) preserving the memories and records of patriotic service performed by men and women who served in the Armed Forces, by gathering, collating, editing, publishing, and exhibiting the memorabilia, information, records, military awards, decorations, and citations of those who served in the Armed Forces;

(5) promoting peace, prosperity, and good will between the peoples of the United States and Italy; and

(6) functioning State of Ohio, is recognized as such and is granted a Federal charter.

Pub. L. 99–172, §1, Dec. 9, 1985, 99 Stat. 1020.

§3702 · Powers of corporation

The Daughters of Union Veterans of the Civil War 1861–1865 (hereinafter in this chapter referred to as the “corporation”) shall have only those powers granted to it through its bylaws and articles of incorporation filed in the State or States in which it is incorporated and subject to the laws of such State or States.

Pub. L. 99–172, §2, Dec. 9, 1985, 99 Stat. 1020.

§3703 · Objects and purposes of corporation

The objects and purposes of the corporation are those provided in its articles of incorporation and, for the purpose of perpetuating the memories of the fathers of the Daughters of Union Veterans of the Civil War 1861–1865, their loyalty to the Union, and their unselfish sacrifices for the preservation of the same, shall include the following:

(1) Encouraging the preservation of historic sites and the construction and preservation of monuments commemorating any aspect of the Civil War.

(2) Building and maintaining a Museum of Civil War History, admission to which shall be free and open to the public, in the city of Springfield, Illinois, as a repository of Civil War documents, artifacts, and cultural relics.

(3) Maintaining a library in connection with the Civil War museum, admission to which shall be open to the public, containing the official volumes of the War of the Rebellion Records, Civil War genealogical files, Adjutant General reports of the various States, military and biographical records and accounts of the individual service of Union soldiers, sailors, and marines, diaries, letters, relics, and other records.

(4) Promulgating and teaching American history, particularly the history of the Civil War period, through the establishment of scholarship programs at the National and State levels, the presentation of American flags to youth groups and newly naturalized citizens, and the sponsorship of contests of educational merit.

(5) Caring for veterans of all wars through volunteer programs in Department of Veterans Affairs medical centers and in homes and other institutions maintained by the States for the welfare of American veterans.

(6) Participating, in a spirit of cooperation and reciprocity, in programs with other societies devoted to American history, veterans’ affairs, or community interests.

The corporation shall function

as a veterans’ and patriotic organization as authorized by the laws of each State the State or States in which it is incorporated.

Pub. L.

105–225, Aug. 12, 1998, 112 Stat. 1365.

§100104 · Membership

A citizen of the United States who was honorably discharged from the Armed Forces is eligible 99–172, §3, Dec. 9, 1985, 99 Stat. 1020; Pub. L. 102–54, §13(n)(8), June 13, 1991, 105 Stat. 278.

§3704 · Service of process

With respect to service of process, the corporation shall comply with the laws of the States in which it is incorporated and those States in which it carries on its activities in furtherance of its corporate purposes.

Pub. L. 99–172, §4, Dec. 9, 1985, 99 Stat. 1021.

§3705 · Membership

Eligibility

for membership in the corporation. Except corporation and the rights and privileges of members of the corporation shall be as provided in this chapter, eligibility for membership and the rights and privileges of members are the constitution and bylaws of the corporation.

Pub. L. 99–172, §5, Dec. 9, 1985, 99 Stat. 1021.

§3706 · Board of directors

The composition of the board of directors of the corporation and the responsibilities of such board shall be as provided in the

bylaws.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1365.

§100105 · Governing body

(a) Board of Directors.—The board of directors and the responsibilities of the board are as provided in the articles of incorporation.

(b) Officers.—The officers and the election of officers are as provided in the articles of incorporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1365.

§100106 · Powers

The corporation has only the powers provided in its bylaws and articles of incorporation filed in each State

articles of incorporation of the corporation and in conformity with the laws of the State or States in which it is incorporated.

Pub. L.

105–225, Aug. 12, 1998, 112 Stat. 1365.§100107 99–172, §6, Dec. 9, 1985, 99 Stat. 1021.

§3707 · Officers

The positions of officers of the corporation and the election of members to such positions shall be as provided in the articles of incorporation of the corporation and in conformity with the laws of the State or States in which it is incorporated.

Pub. L. 99–172, §7, Dec. 9, 1985, 99 Stat. 1021.

§3708 · Restrictions

(a) Stock and Dividends.—The Distribution of income or assets to members

No part of the income or assets of the corporation may inure to the benefit of any member, officer, or director of the corporation or be distributed to any such individual during the life of this charter. Nothing in this subsection shall be construed to prevent the payment of reasonable compensation to the officers of the corporation or reimbursement for actual and necessary expenses in amounts approved by the board of directors.

(b) Loans

The corporation may not

issue stock or declare or pay a dividend.(b) Political Activities.—The corporation or a director or officer as such make any loan to any officer, director, or employee of the corporation.

(c) Political activities

(1) The corporation

may not contribute to, support, or otherwise participate in any political activity or attempt in any manner attempt to influence legislation.

(c) Distribution of Income or Assets.—The income or assets of the corporation may not inure to the benefit of, or be distributed to, a director, officer, or member during the life of the charter granted by this chapter. This subsection does not prevent the payment of reasonable compensation to an officer or reimbursement for actual necessary expenses in amounts approved by the board of directors.

(d) Loans.—The corporation may not make a loan to a director, officer, or employee.

(2) No officer or director of the corporation, acting as such officer or director, may commit any act prohibited under paragraph (1) of this subsection.

(d) Issuance of stock; dividends

The corporation shall have no power to issue any shares of stock nor to declare or pay any dividends.

(e) Claim of Governmental Approval or Authority.—The corporation may approval or authorizationThe corporation shall not claim congressional approval or the authority of the United States authorization of the Federal Government for any of its activities.

Pub. L.

105–225, Aug. 12, 1998, 112 Stat. 1365.§100108 · Duty to maintain tax-exempt 99–172, §8, Dec. 9, 1985, 99 Stat. 1021.

§3709 · Liability for acts of officers and agents

The corporation shall be liable for the acts of its officers and agents whenever such officers and agents have acted within the scope of their authority.

Pub. L. 99–172, §9, Dec. 9, 1985, 99 Stat. 1022.

§3710 · Books and records; inspection

The corporation shall keep correct and complete books and records of account and minutes of any proceeding of the corporation involving any of its members, the board of directors, or any committee having authority under the board of directors. The corporation shall keep, at its principal office, a record of the names and addresses of all members having the right to vote in any proceeding of the corporation. All books and records of such corporation may be inspected by any member having the right to vote in any corporation proceeding, or by any agent or attorney of such member, for any proper purpose at any reasonable time. Nothing in this section shall be construed to contravene any applicable State law.

Pub. L. 99–172, §10, Dec. 9, 1985, 99 Stat. 1022.

§3711 · Annual report

The corporation shall report annually to the Congress concerning the activities of the corporation during the preceding fiscal year. Such annual report shall be submitted at the same time as the report of the audit required by section 1101(70) of this title. The report shall not be printed as a public document.

Pub. L. 99–172, §12, Dec. 9, 1985, 99 Stat. 1022.

§3712 · Reservation of right to amend or repeal chapter

The right to alter, amend, or repeal this chapter is expressly reserved to the Congress.

Pub. L. 99–172, §13, Dec. 9, 1985, 99 Stat. 1022.

§3713 · “State” defined

For purposes of this chapter, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and the territories and possessions of the United States.

Pub. L. 99–172, §14, Dec. 9, 1985, 99 Stat. 1022.

§3714 · Tax-exempt status

The corporation shall maintain its status as an organization exempt from taxation

under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.).

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1366.

§100109 · Records and inspection

(a) Records.—The corporation shall keep—

(1) correct and complete records of account;

(2) minutes of the proceedings as provided in title 26. If the corporation fails to maintain such status, the charter granted by this chapter shall expire.

Pub. L. 99–172, §15, Dec. 9, 1985, 99 Stat. 1022; Pub. L. 99–514, §2, Oct. 22, 1986, 100 Stat. 2095.

§3715 · Failure to comply with restrictions or provisions

If the corporation shall fail to comply with any of the restrictions or provisions of this chapter, the charter granted by this chapter shall expire.

Pub. L. 99–172, §16, Dec. 9, 1985, 99 Stat. 1023.

Chapter 70. Vietnam Veterans of America, Inc.

§3801 · Recognition as corporation and grant of Federal charter

The Vietnam Veterans of America, Inc., a nonprofit corporation organized under the laws of the State of New York, is hereby recognized as such and is granted a charter.

Pub. L. 99–318, §1, May 23, 1986, 100 Stat. 474.

§3802 · Powers of corporation

The Vietnam Veterans of America, Inc. (hereinafter in this chapter referred to as the “corporation”), shall have only those powers granted to it through its articles of incorporation filed in the State in which it is incorporated and its constitution and bylaws, and subject to the laws of such State.

Pub. L. 99–318, §2, May 23, 1986, 100 Stat. 474.

§3803 · Objects and purposes of corporation

The objects and purposes of the corporation are those stated in its articles of incorporation, constitution, and bylaws and include a commitment to—

(1) uphold and defend the Constitution of the United States;

(2) foster the improvement of the condition of Vietnam-era veterans;

(3) promote the social welfare (including educational, economic, social, physical, and cultural improvement) in the United States by encouraging the growth and development, readjustment, self-respect, self-confidence and usefulness of Vietnam-era veterans and other veterans;

(4) improve conditions for Vietnam-era veterans and develop channels of communication to assist Vietnam-era veterans;

(5) conduct and publish research, on a nonpartisan basis, pertaining to the relationship between Vietnam-era veterans and the American society, to the Vietnam war experience, to the role of the United States in securing peaceful coexistence for the world community, and to other matters which affect the educational, economic, social, physical, or cultural welfare of Vietnam-era veterans and other veterans and the families of such veterans;

(6) assist disabled Vietnam-era veterans and other veterans in need of assistance and the dependents and survivors of such veterans; and

(7) consecrate the efforts of the members of the corporation and Vietnam-era veterans generally to mutual helpfulness and service to their country.

Pub. L. 99–318, §3, May 23, 1986, 100 Stat. 474.

§3804 · Service of process

With respect to service of process, the corporation shall comply with the laws of the State in which it is incorporated and those States in which it carries on its activities in furtherance of its corporate purposes.

Pub. L. 99–318, §4, May 23, 1986, 100 Stat. 475.

§3805 · Membership

Except as provided in section 3808 of this title, eligibility for membership in the corporation and the rights and privileges of members shall be as provided in the constitution and bylaws of the corporation.

Pub. L. 99–318, §5, May 23, 1986, 100 Stat. 475.

§3806 · Board of directors

Except as provided in section 3808 of this title, the board of directors of the corporation, and the responsibilities of the board, shall be as provided in the constitution and bylaws of the corporation and in conformity with the laws of the State in which it is incorporated.

Pub. L. 99–318, §6, May 23, 1986, 100 Stat. 475.

§3807 · Officers

Except as provided in section 3808 of this title, the officers of the corporation, and the election of such officers, shall be as provided in the constitution and bylaws of the corporation and in conformity with the laws of the State in which it is incorporated.

Pub. L. 99–318, §7, May 23, 1986, 100 Stat. 475.

§3808 · Prohibition on discrimination

In establishing the conditions of membership in the corporation and in determining the requirements for serving on the board of directors or as an officer of the corporation, the corporation may not discriminate on the basis of race, color, religion, sex, national origin, handicap, or age.

Pub. L. 99–318, §8, May 23, 1986, 100 Stat. 475.

§3809 · Restrictions

(a) Distribution of income or assets to members

No part of the income or assets of the corporation shall inure to any person who is a member, officer, or director of the corporation or be distributed to any such person during the life of this charter. Nothing in this subsection shall be construed to prevent the payment of reasonable compensation to the officers of the corporation or reimbursement for actual necessary expenses in amounts approved by the board of directors.

(b) Loans

The corporation shall not make any loan to any officer, director, or employee of the corporation.

(c) Issuance of stock; dividends

The corporation shall have no power to issue any shares of stock nor to declare or pay any dividends.

(d) Claim of approval or authorization

The corporation shall not claim congressional approval or Federal Government authority by virtue of this chapter for any of its activities.

Pub. L. 99–318, §9, May 23, 1986, 100 Stat. 475.

§3810 · Liability for acts of officers and agents

The corporation shall be liable for the acts of its officers and agents when acting within the scope of their authority.

Pub. L. 99–318, §10, May 23, 1986, 100 Stat. 475.

§3811 · Books and records; inspection

The corporation shall keep correct and complete books and records of accounts and shall keep minutes of any proceeding of the corporation involving any

of its members, the board of directors,

and committees having any of the authority of its board of directors; and(3)

or any committee having authority under the board of directors. The corporation shall keep at its principal office, office a record of the names and addresses of

its members entitled to vote.(b) Inspection.—A member entitled to vote, or an agent or attorney of the member, may inspect the

all members having the right to vote. All books and records of the corporation may be inspected by any member having the right to vote, or by any agent or attorney of such member, for any proper purpose, at any reasonable time.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1366.

§100110 · Service of process

The corporation shall comply with the law on service of process of each State in which it is incorporated and each State in which it carries on activities.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1366.

§100111 · Liability for acts of officers and agents

The corporation is liable for the acts of its officers and agents acting within the scope of their authority.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1366.

§100112 Nothing in this section shall be construed to contravene any applicable State law.

Pub. L. 99–318, §11, May 23, 1986, 100 Stat. 475.

§3812 · Annual report

The corporation shall submit an annual report to Congress on report annually to the Congress concerning the activities of the corporation during the prior fiscal year. The preceding fiscal year. Such annual report shall be submitted at the same time as is the report of the audit of the corporation required by section 10101 1102 of this title. The report may shall not be printed as a public document.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1366.

Chapter 1101. Jewish War Veterans of the United States of America, Incorporated

§110101 · Definition

99–318, §13, May 23, 1986, 100 Stat. 476.

§3813 · Reservation of right to amend or repeal charter

The right to alter, amend, or repeal this charter is expressly reserved to the Congress.

Pub. L. 99–318, §14, May 23, 1986, 100 Stat. 476.

§3814 · “State” defined

For purposes of this chapter, the term “State” includes the District of Columbia and Columbia, the Commonwealth of Puerto Rico, and each of the territories and possessions of the United States.

Pub. L.

105–225, Aug. 12, 1998, 112 Stat. 1366.

§110102 · Organization

(a) Federal Charter.—Jewish War Veterans of the United States of America, Incorporated (in this chapter, the “corporation”), a nonprofit corporation incorporated in New York, is a federally chartered corporation.

(b) Expiration of Charter.—If the corporation does not comply with any provision of this chapter, the charter granted by this chapter expires.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1367.

§110103 · Purposes

The purposes of the corporation are as provided in its articles of incorporation and include a continuing commitment, on a national basis, to—

(1) maintain true allegiance to the United States;

(2) foster and perpetuate true Americanism;

(3) combat whatever tends to impair the efficiency and permanency of our free institutions;

(4) uphold the fair name of Jews and fight their battles wherever unjustly assailed;

(5) encourage the doctrine of universal liberty, equal rights, and full justice to all men;

(6) combat the powers of bigotry and darkness wherever originating and whatever the target;

(7) preserve the spirit of comradeship by mutual helpfulness to comrades and their families;

(8) cooperate with and support existing educational institutions and establish educational institutions;

(9) foster the education of ex-servicemen and ex-servicewomen and members of the corporation in the ideals and principles of Americanism;

(10) instill love of country and flag;

(11) promote sound minds and bodies in members of the corporation and their youth;

(12) preserve the memories and records of patriotic service performed by the men and women of the Jewish faith and honor their memory; and

(13) shield from neglect the graves of our heroic dead.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1367.

§110104 · Membership

Except as provided in this chapter, eligibility for membership in the corporation and the rights and privileges of members are as provided in the constitution and bylaws of the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1367.

§110105 · Governing body

(a) Board of Directors.—The board of directors and the responsibilities of the board are as provided in the articles of incorporation.

(b) Officers.—The officers and the election of officers are as provided in the articles of incorporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1367.

§110106 · Powers

The corporation has only the powers provided in its bylaws and articles of incorporation filed in each State in which it is incorporated.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1367.

§110107 · Restrictions

(a) Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend.

(b) Distribution of Income or Assets.—The income or assets of the corporation may not inure to the benefit of, or be distributed to, a director, officer, or member during the life of the charter granted by this chapter. This subsection does not prevent the payment of reasonable compensation to an officer or reimbursement for actual necessary expenses in amounts approved by the board of directors.

(c) Loans.—The corporation may not make a loan to a director, officer, or employee.

(d) Claim of Governmental Approval or Authority.—The corporation may not claim congressional approval or the authority of the United States Government for any of its activities.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1368.

§110108 · Duty to maintain corporate and tax-exempt status

(a) Corporate Status.—The corporation shall maintain its status as a corporation incorporated under the laws of New York.

(b) Tax-Exempt Status.—The 99–318, §15, May 23, 1986, 100 Stat. 476.

§3815 · Tax-exempt status

The

corporation shall maintain its status as an organization exempt from taxation

under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.).

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1368.

§110109 · Records and inspection

(a) Records.—The corporation shall keep—

(1) as provided in title 26.

Pub. L. 99–318, §16, May 23, 1986, 100 Stat. 476; Pub. L. 99–514, §2, Oct. 22, 1986, 100 Stat. 2095.

§3816 · Exclusive right to name, seals, emblems, and badges

The corporation shall have the sole and exclusive right to use the name “The Vietnam Veterans of America, Inc.”, “Vietnam Veterans of America, Inc.”, and “Vietnam Veterans of America”, and such seals, emblems, and badges as the corporation may lawfully adopt. Nothing in this section shall be construed to interfere or conflict with established or vested rights.

Pub. L. 99–318, §17, May 23, 1986, 100 Stat. 476.

§3817 · Failure to comply with restrictions or provisions

If the corporation shall fail to comply with any of the restrictions or provisions of this chapter, the charter granted by this chapter shall expire.

Pub. L. 99–318, §18, May 23, 1986, 100 Stat. 477.

Chapter 71. Army and Navy Union of the United States of America

§3901 · Recognition as corporation and grant of Federal charter

The Army and Navy Union of the United States of America, organized and incorporated under the laws of the State of Ohio, is hereby recognized as such and is granted a charter.

Pub. L. 99–604, §1, Nov. 6, 1986, 100 Stat. 3446.

§3902 · Powers of corporation

The Army and Navy Union of the United States of America (hereinafter referred to as the “corporation”) shall have only those powers granted to it through its bylaws and articles of incorporation filed in the State or States in which it is incorporated and subject to the laws of such State or States.

Pub. L. 99–604, §2, Nov. 6, 1986, 100 Stat. 3446.

§3903 · Objects and purposes of corporation

The objects and purposes of the corporation are those provided in its articles of incorporation and shall also be—

(a) to hold true allegiance to the Government of the United States of America and fidelity to its Constitution, laws, and institutions;

(b) to serve our Nation under God in peace as well as in war by fostering the ideals of faith and patriotism, loyalty, justice, and liberty; by inculcating in the hearts of young and old, through precept and practice, the spirit of true Americanism; by participating in civic activities for the good of our country and our community;

(c) to unite in fraternal fellowship those who have served honorably and those who are now serving honorably in the Armed Forces of the United States of America; to protect and advance their civic, social, and economic welfare; to aid them in sickness and distress; to assist in the burial and commemoration of their dead; and to provide help for their widows and orphans; and

(d) to perpetuate the memory of patriotic deeds performed by the defenders of our country.

Pub. L. 99–604, §3, Nov. 6, 1986, 100 Stat. 3446.

§3904 · Service of process

With respect to service of process, the corporation shall comply with the laws of the States in which it is incorporated and those States in which it carries on its activities in furtherance of its corporate purposes.

Pub. L. 99–604, §4, Nov. 6, 1986, 100 Stat. 3446.

§3905 · Membership

Eligibility for membership in the corporation and the rights and privileges of members shall be as provided in the bylaws of the corporation.

Pub. L. 99–604, §5, Nov. 6, 1986, 100 Stat. 3447.

§3906 · Board of directors

The board of directors of the corporation and the responsibilities thereof shall be as provided in the articles of incorporation of the corporation and in conformity with the laws of the State or States in which it is incorporated.

Pub. L. 99–604, §6, Nov. 6, 1986, 100 Stat. 3447.

§3907 · Officers

The officers of the corporation, and the election of such officers shall be as is provided in the articles of incorporation of the corporation and in conformity with the laws of the State or States wherein it is incorporated.

Pub. L. 99–604, §7, Nov. 6, 1986, 100 Stat. 3447.

§3908 · Restrictions

(a) Distribution of income or assets to members

No part of the income or assets of the corporation shall insure 

(b) Loans

The corporation shall not make any loan to any officer, director, or employee of the corporation.

(c) Political activities

The corporation and any officer and director of the corporation, acting as such officer or director, shall not contribute to, support or otherwise participate in any political activity or in any manner attempt to influence legislation.

(d) Issuance of stock; dividends

The corporation shall have no power to issue any shares of stock nor to declare or pay any dividends.

(e) Claim of approval or authorization

The corporation shall not claim congressional approval or Federal Government authority for any of its activities.

(f) Retention of status under State laws

The corporation shall retain and maintain its status as a corporation organized and incorporated under the laws of the State of Ohio.

Pub. L. 99–604, §8, Nov. 6, 1986, 100 Stat. 3447.

§3909 · Liability for acts of officers and agents

The corporation shall be liable for the acts of its officers and agents when acting within the scope of their authority.

Pub. L. 99–604, §9, Nov. 6, 1986, 100 Stat. 3447.

§3910 · Books and records; inspection

The corporation shall keep

correct and complete

records of account;(2) minutes of the proceedings

books and records of account and shall keep minutes of any proceeding of the corporation involving any of its members, the board of directors,

and committees having any of the authority of its board of directors; and(3)

or any committee having authority under the board of directors. The corporation shall keep at its principal office, office a record of the names and addresses of

its members entitled to vote.(b) Inspection.—A member entitled to vote, or an agent or attorney of the member, may inspect the records of the corporation

all members having the right to vote. All books and records of such corporation may be inspected by any member having the right to vote, or by any agent or attorney of such member, for any proper purpose, at any reasonable time.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1368.

§110110 · Service of process

The corporation shall comply with the law on service of process of each State in which it is incorporated and each State in which it carries on activities.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1368.

§110111 · Liability for acts of officers and agents

The corporation is liable for the acts of its officers and agents acting within the scope of their authority.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1368.

§110112 Nothing in this section shall be construed to contravene any applicable State law.

Pub. L. 99–604, §10, Nov. 6, 1986, 100 Stat. 3447.

§3911 · Annual report

The corporation shall submit an annual report to Congress on report annually to the Congress concerning the activities of the corporation during the prior fiscal year. The preceding fiscal year. Such annual report shall be submitted at the same time as is the report of the audit required by section 10101 1101(68) of this title. The report may shall not be printed as a public document.

Pub. L.

105–225, Aug. 12, 1998, 112 Stat. 1368.

Chapter 1103. Jewish War Veterans, u.s.a., National Memorial, Incorporated

§110301 · Organization

(a) Federal Charter.—Jewish War Veterans, U.S.A., National Memorial, Incorporated (in this chapter, the “corporation”), is a federally chartered corporation.

(b) Place of Incorporation and Domicile.—The corporation is declared to be a nonprofit corporation incorporated and domiciled in the District of Columbia.

(c) Perpetual Existence.—Except as otherwise provided, the corporation has perpetual existence.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1369.

§110302 · Purposes

The purposes of the corporation are—

(1) to maintain and conduct a national memorial and museum dedicated to and commemorating the service and sacrifice by Americans of the Jewish faith in the Armed Forces of the United States during the period of war;

(2) to gather, collate, edit, publish, and exhibit memorabilia, information, records, military awards, decorations, citations, and similar items, to preserve the memories and records of patriotic service performed by men and women of the Jewish faith while in the Armed Forces of the United States in time of war; and

(3) to stimulate patriotism in the minds of all Americans by encouraging the study of the military and naval history of the United States.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1369.

§110303 · Governing body

(a) Board of Directors.—(1) The board of directors is the governing body of the corporation. Between meetings of the corporation, the board is responsible for the general policies and program of the corporation. The board is responsible for the control of all funds of the corporation.

(2) The number of directors, their manner of selection (including the filling of vacancies), and their term of office are as provided in the constitution and bylaws of the corporation. However, the board shall have at least 36 directors.

(b) Officers.—(1) The officers of the corporation are a president, one or more vice presidents as provided in the constitution and bylaws, a secretary, and a treasurer.

(2) The manner of election, term of office, and duties of the officers are as provided in the constitution and bylaws.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1369.

§110304 · Powers

The corporation may—

(1) adopt and amend a constitution and bylaws for the management of its property and the regulation of its affairs;

(2) adopt and alter a corporate seal;

(3) make contracts;

(4) acquire, own, lease, encumber, and transfer property as necessary or convenient to carry out the purposes of the corporation;

(5) borrow money, issue instruments of indebtedness, and secure its obligations by granting security interests in its property; and

(6) sue and be sued.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1369.

§110305 · Restrictions

(a) Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend.

(b) Political Activities.—The corporation or a director or officer as such may not contribute to, support, or assist a political party or candidate for public office.

(c) Distribution of Income or Assets.—The income or assets of the corporation may not inure to the benefit of, or be distributed to, a director or officer. This subsection does not prevent the payment of compensation to an officer or employee in an amount approved by the executive committee of the corporation.

(d) Loans.—The corporation may not make a loan to a director, officer, or employee. Directors who vote for or assent to making a loan to a director, officer, or employee, and officers who participate in making the loan, are jointly and severally liable to the corporation for the amount of the loan until it is repaid.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1370.

§110306 · Principal office

The principal office of the corporation shall be in the District of Columbia. However, the activities of the corporation are not confined to the District of Columbia but may be conducted throughout the States, territories, and possessions of the United States.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1370.

§110307 · Records and inspection

(a) Records.—The corporation shall keep—

(1) correct and complete records of account;

(2) minutes of the proceedings of its members, board of directors, and committees having any of the authority of its board of directors; and

(3) at its principal office, a record of the names and addresses of its members entitled to vote.

(b) Inspection.—A member entitled to vote, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1370.

§110308 · Service of process

The corporation shall have a designated agent in its headquarters in the District of Columbia to receive service of process for the corporation. Notice to or service on the agent, or mailed to the headquarters of the corporation in the District of Columbia, is notice to or service on the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1370.

§110309 · Liability for acts of officers and agents

The corporation is liable for the acts of its officers and agents acting within the scope of their authority.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1370.

§110310 · Distribution of assets on dissolution or final liquidation

On dissolution or final liquidation of the corporation, any assets remaining after the discharge of all liabilities shall be distributed as provided by the board of directors, but in compliance with the constitution and bylaws of the corporation. This section does not allow assets to be distributed to an officer or employee or to inure to the benefit of a private person.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1370.

Chapter 1201. [Reserved]

Chapter 1301. Ladies of the Grand Army of the Republic

§130101 · Organization

(a) Federal Charter.—Ladies of the Grand Army of the Republic (in this chapter, the “corporation”) is a federally chartered corporation.

(b) Place of Incorporation and Domicile.—The corporation is declared to be incorporated and domiciled in the District of Columbia.

(c) Perpetual Existence.—Except as otherwise provided, the corporation has perpetual existence.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1371.

§130102 · Purposes

The purposes of the corporation are—

(1) to perpetuate the memory of the Grand Army of the Republic and of the men who saved the Union in 1861 to 1865;

(2) to assist in every practicable way in preserving, and making available for research, documents and records pertaining to the Grand Army of the Republic and its members;

(3) to cooperate in doing honor to all those who have served our country patriotically in any way;

(4) to teach patriotism, the duties of citizenship, the true history of our country, and the love and honor of our flag;

(5) to oppose every tendency or movement that would weaken loyalty to, destroy, or impair our constitutional Union; and

(6) to inculcate and broadly sustain the American principles of representative government, equal rights, and impartial justice for all.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1371.

§130103 · Membership

(a) Eligibility.—(1) Except as provided in this chapter, eligibility for membership in the corporation and the rights, privileges, and designation of classes of members are as provided in the constitution and bylaws of the corporation.

(2) Eligibility for membership is limited to female blood relatives of an individual who—

(A) served at any time during the period April 12, 1861, through April 9, 1865, as a soldier or sailor in—

(i) the United States Army, Navy, Marine Corps, or Revenue-Cutter Service; or

(ii) a State regiment that was called into active service and was subject to orders of United States general officers during that period; and

(B) was honorably discharged from, or died in, that service.

(b) Voting.—Each member has one vote on each matter submitted to a vote at a meeting of the members.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1371.

§130104 · Governing body

(a) National Convention.—(1) The national convention is the supreme governing authority of the corporation.

(2) The national convention is composed of officers and elected representatives from the States and other local subdivisions of the corporation as provided in the constitution and bylaws. However, the form of government of the corporation must be representative of the membership at large and may not permit concentration of control in a limited number of members or in a self-perpetuating group not representative of the membership at large.

(3) The meetings of the national convention may be held in the District of Columbia or in any State, territory, or possession of the United States.

(b) Officers.—The titles, manner of selection, term of office, and duties of the officers are as provided in the constitution and bylaws of the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1372.

§130105 · Powers

The corporation may—

(1) adopt and amend a constitution and bylaws for the management of its property and the regulation of its affairs;

(2) adopt and alter a corporate seal;

(3) choose officers, managers, agents, and employees as the activities of the corporation require;

(4) make contracts;

(5) acquire, own, lease, encumber, and transfer property as necessary or convenient to carry out the purposes of the corporation;

(6) borrow money, issue instruments of indebtedness, and secure its obligations by granting security interests in its property;

(7) sue and be sued; and

(8) do any other act necessary and proper to carry out the purposes of the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1372.

§130106 · Exclusive right to name, seals, emblems, and badges

The corporation and its subordinate divisions have the exclusive right to use the name “Ladies of the Grand Army of the Republic”. The corporation has the exclusive right to use and to allow others to use seals, emblems, and badges the corporation adopts.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1372.

§130107 · Restrictions

(a) Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend.

(b) Political Activities.—The corporation or an officer or agent as such may not contribute to a political party or candidate for public office.

(c) Distribution of Income or Assets.—The income or assets of the corporation may not inure to the benefit of, or be distributed to, an officer or member during the life of the corporation or on its dissolution or final liquidation. This subsection does not prevent the payment of compensation to an officer or reimbursement for actual necessary expenses in amounts approved by the council of administration of the corporation.

(d) Loans.—The corporation may not make a loan or advance to an officer or employee. Members of the council of administration who vote for or assent to making a loan or advance to an officer or employee, and officers who participate in making the loan or advance, are jointly and severally liable to the corporation for the amount of the loan or advance until it is repaid.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1372.

§130108 · Principal office

The principal office of the corporation shall be in the District of Columbia or another place decided by the corporation. However, the activities of the corporation are not confined to the place where the principal office is located but may be conducted throughout the States, territories, and possessions of the United States.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1373.

§130109 · Records and inspection

(a) Records.—The corporation shall keep—

(1) correct and complete records of account; and

(2) minutes of the proceedings of its national conventions and council of administration.

(b) Inspection.—A member, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1373.

§130110 · Service of process

The corporation shall have a designated agent in the District of Columbia to receive service of process for the corporation. Notice to or service on the agent, or mailed to the business address of the agent, is notice to or service on the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1373.

§130111 · Liability for acts of officers and agents

The corporation is liable for the acts of its officers and agents acting within the scope of their authority.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1373.

§130112 · Annual report

Not later than March 1 of each year, the corporation shall submit a report to Congress on the activities of the corporation during the prior fiscal year. The report may consist of a report on the proceedings of the national convention. The report may not be printed as a public document.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1373.

§130113 · Distribution of assets on dissolution or final liquidation

On dissolution or final liquidation of the corporation, any assets remaining after the discharge of all liabilities shall be distributed as provided by the council of administration, but in compliance with the constitution and bylaws of the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1373.

Chapter 1303. Legion of Valor of the United States of America, Incorporated

§130301 · Organization

(a) Federal Charter.—Legion of Valor of the United States of America, Incorporated (in this chapter, the “corporation”), is a federally chartered corporation.

(b) Place of Incorporation and Domicile.—The corporation is declared to be incorporated and domiciled in the District of Columbia.

(c) Perpetual Existence.—Except as otherwise provided, the corporation has perpetual existence.

(d) References to Army and Navy Legion of Valor of the United States of America, Incorporated.—Any reference to the Army and Navy Legion of Valor of the United States of America, Incorporated, is deemed to refer to the Legion of Valor of the United States of America, Incorporated.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1374.

§130302 · Principles and purposes

(a) Principles.—The principles underlying the corporation are patriotic allegiance to the United States of America, fidelity to the constitution and laws of the United States, the security of civil liberty, and the permanence of free institutions.

(b) Purposes.—The purposes of the corporation are—

(1) to cherish the memories of the valiant deeds in arms for which the Congressional Medal of Honor, the Distinguished Service Cross, the Navy Cross, and the Air Force Cross are the insignia;

(2) to promote true fellowship among its members;

(3) to advance the best interests of members of the Armed Forces of the United States of America;

(4) to extend all possible relief to needy members of the corporation and their widows and children; and

(5) to stimulate patriotism in the minds of our youth by encouraging the study of the patriotic, military, and naval history of our Nation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1374.

§130303 · Membership

(a) Eligibility.—An individual is eligible for active membership in the corporation if the individual—

(1) is of good moral character; and

(2) has received a Congressional Medal of Honor, a Distinguished Service Cross, a Navy Cross, or an Air Force Cross awarded for acts of extraordinary heroism in connection with military or naval operations against an armed enemy, or for heroism of a specially distinguished character, as a member of the Armed Forces of the United States or any foreign country.

(b) Extension of Eligibility to Parents and Descendants.—The corporation may extend eligibility for membership, either active or associate, to parents and lineal descendants of an individual described in subsection (a) of this section on terms provided in its constitution and bylaws.

(c) Voting.—Each member (except an associate member) has one vote on each matter submitted to a vote at a meeting of the members.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1374.

§130304 · Governing body

(a) Board of Directors.—(1) The board of directors is the governing body of the corporation. Between meetings of the corporation, the board is responsible for the general policies and program of the corporation. The board is responsible for all funds of the corporation.

(2) The number of directors, their manner of selection (including the filling of vacancies), and their term of office are as provided in the constitution and bylaws of the corporation. However, the board shall have at least 10 directors.

(b) Officers.—(1) The officers of the corporation are a commander, a senior vice commander, a junior vice commander, a chaplain, an adjutant and quartermaster, a judge advocate, an inspector, a surgeon, a historian, and any aides-de-camp provided in the constitution and bylaws.

(2) The manner of election, term of office, and duties of the officers are as provided in the constitution and bylaws.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1375.

§130305 · Powers

The corporation may—

(1) adopt and amend a constitution and bylaws for the management of its property and the regulation of its affairs;

(2) adopt and alter a corporate seal;

(3) make contracts;

(4) acquire, own, lease, encumber, and transfer property as necessary or convenient to carry out the purposes of the corporation;

(5) borrow money, issue instruments of indebtedness, and secure its obligations by granting security interests in its property;

(6) charge and collect membership dues; and

(7) sue and be sued.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1375.

§130306 · Restrictions

(a) Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend.

(b) Political Activities.—The corporation or a director or officer as such may not contribute to, support, or assist a political party or candidate for public office.

(c) Distribution of Income or Assets.—The income or assets of the corporation may not inure to the benefit of, or be distributed to, a director, officer, or member except on dissolution or final liquidation of the corporation. This subsection does not prevent the payment of compensation to an officer in an amount approved by the executive committee of the corporation.

(d) Loans.—The corporation may not make a loan to a director, officer, or employee. Directors who vote for or assent to making a loan to a director, officer, or employee, and officers who participate in making the loan, are jointly and severally liable to the corporation for the amount of the loan until it is repaid.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1375.

§130307 · Principal office

The principal office of the corporation shall be in a place decided by the board of directors. However, the activities of the corporation are not confined to the place where the principal office is located but may be conducted throughout the States, territories, and possessions of the United States.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1376.

§130308 · Records and inspection

(a) Records.—The corporation shall keep—

(1) correct and complete records of account;

(2) minutes of the proceedings of its members, board of directors, and committees having any of the authority of its board of directors; and

(3) at its principal office, a record of the names and addresses of its members entitled to vote.

(b) Inspection.—A member entitled to vote, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1376.

§130309 · Service of process

The corporation shall have a designated agent in the District of Columbia to receive service of process for the corporation. Notice to or service on the agent, or mailed to the business address of the agent, is notice to or service on the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1376.

§130310 · Liability for acts of officers and agents

The corporation is liable for the acts of its officers and agents acting within the scope of their authority.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1376.

§130311 · Distribution of assets on dissolution or final liquidation

On dissolution or final liquidation of the corporation, any assets remaining after the discharge of all liabilities shall be distributed as provided by the board of directors, but in compliance with the constitution and bylaws of the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1376.

Chapter 1305. Little League Baseball, Incorporated

§130501 · Organization

(a) Federal Charter.—Little League Baseball, Incorporated (in this chapter, the “corporation”), is a federally chartered corporation.

(b) Perpetual Existence.—Except as otherwise provided, the corporation has perpetual existence.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1376.

§130502 · Purposes

The purposes of the corporation are—

(1) to promote, develop, supervise, and voluntarily assist in all lawful ways the interest of young people who participate in Little League baseball;

(2) to help and voluntarily assist young people in developing qualities of citizenship and sportsmanship; and

(3) using the disciplines of the native American game of baseball, to teach spirit and competitive will to win, physical fitness through individual sacrifice, the values of team play, and wholesome well being through healthy social association with other youngsters under proper leadership.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1377.

§130503 · Membership

(a) Eligibility.—Except as provided in this chapter, eligibility for membership in the corporation and the rights and privileges of members are as provided in the constitution and bylaws of the corporation.

(b) Voting.—Each member (except an honorary or associate member) has one vote on each matter submitted to a vote at a meeting of the members.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1377.

§130504 · Governing body

(a) Board of Directors.—(1) The board of directors is the governing body of the corporation. Between meetings of the corporation, the board is responsible for the general policies and program of the corporation. The board is responsible for the control of all funds of the corporation.

(2) The number of directors, their manner of selection (including the filling of vacancies), and their term of office are as provided in the constitution and bylaws of the corporation. However, the board shall have at least 13 directors.

(b) Officers.—(1) The officers of the corporation are a chairman of the board of directors, a president, a vice president, and a secretary-treasurer. Their duties are as provided in the constitution and bylaws of the corporation.

(2) The officers shall be elected annually at the annual meeting of the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1377.

§130505 · Powers

The corporation may—

(1) adopt and amend a constitution and bylaws for the management of its property and the regulation of its affairs;

(2) adopt and alter a corporate seal;

(3) adopt, alter, and display seals, emblems, and badges;

(4) choose directors, officers, trustees, managers, employees, and agents as the activities of the corporation require;

(5) make contracts;

(6) acquire, own, lease, encumber, and transfer property as necessary or convenient to carry out the purposes of the corporation;

(7) borrow money, issue instruments of indebtedness, and secure its obligations by granting security interests in its property;

(8) charge and collect membership dues and subscription fees;

(9) sue and be sued; and

(10) do any other act necessary or desirable to carry out the purposes of the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1377.

§130506 · Exclusive right to name and emblems

The corporation has the exclusive right to use and to allow others to use the names “Little League” and “Little Leaguer” and the official Little League emblem or any colorable simulation of that emblem. This section does not affect any vested rights.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1378.

§130507 · Restrictions

(a) Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend.

(b) Political Activities.—The corporation or a director, officer, or agent as such may not contribute to, support, or assist any political party or candidate for office.

(c) Distribution of Income or Assets.—The income and assets of the corporation may not inure to the benefit of, or be distributed to, a director, officer, or member during the life of the corporation or on its dissolution or final liquidation. This subsection does not prevent the payment of reasonable compensation to an officer in an amount approved by the board of directors.

(d) Loans.—The corporation may not make a loan to a director, officer, or employee. Directors who vote for or assent to making a loan to a director, officer, or employee, and officers who participate in making the loan, are jointly and severally liable to the corporation for the amount of the loan until it is repaid.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1378.

§130508 · Principal office

The principal office of the corporation shall be in Williamsport, Pennsylvania, or another place decided by the board of directors. However, the activities of the corporation may be conducted throughout the world.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1378.

§130509 · Records and inspection

(a) Records.—The corporation shall keep—

(1) correct and complete records of account;

(2) minutes of the proceedings of its members, board of directors, and committees having any of the authority of its board of directors; and

(3) at its principal office, a record of the names and addresses of its members entitled to vote.

(b) Inspection.—A member entitled to vote, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1378.

§130510 · Statement required in audit report

The corporation shall include in the audit report statement required under section 10101(b)(1)(B) of this title a schedule of all contracts requiring payments greater than $10,000 and all payments of compensation or fees at a rate greater than $10,000 a year.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1378.

§130511 · Service of process

The corporation shall have a designated agent in the District of Columbia to receive service of process for the corporation. Notice to or service on the agent, or mailed to the business address of the agent, is notice to or service on the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1379.

§130512 · Liability for acts of officers and agents

The corporation is liable for the acts of its officers and agents acting within the scope of their authority.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1379.

§130513 · Distribution of assets on dissolution or final liquidation

On dissolution or final liquidation of the corporation, any assets remaining after the discharge of all liabilities shall be distributed as provided by the board of directors, but consistent with the purposes of the corporation and in compliance with the constitution and bylaws of the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1379.

Chapter 1401. Marine Corps League

§140101 · Organization

(a) Federal Charter.—Marine Corps League (in this chapter, the “corporation”) is a federally chartered corporation.

(b) Perpetual Existence.—Except as otherwise provided, the corporation has perpetual existence.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1379.

§140102 · Purposes

The purposes of the corporation are—

(1) to preserve the traditions and to promote the interests of the United States Marine Corps;

(2) to band those who, on August 4, 1937, were serving in the United States Marine Corps and those who have been honorably discharged from that service together in fellowship that they may effectively promote the ideals of American freedom and democracy;

(3) to fit its members for the duties of citizenship and to encourage them to serve as ably as citizens as they have served the Nation under arms;

(4) to hold sacred the history and memory of the men who have given their lives to the Nation;

(5) to foster love for the principles which they have supported by blood and valor since the founding of the Republic;

(6) to maintain true allegiance to American institutions;

(7) to create a bond of comradeship between those in service and those who have returned to civil life;

(8) to aid voluntarily and to render assistance to all marines and former marines as well as to their widows and orphans; and

(9) to perpetuate the history of the United States Marine Corps and by fitting acts to observe the anniversaries of historical occasions of peculiar interest to marines.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1379.

§140103 · Powers

The corporation may—

(1) adopt and amend bylaws;

(2) adopt and alter a corporate seal;

(3) appoint or elect officers and agents;

(4) choose a board of trustees, consisting of at least 5 but not more than 15 individuals, to conduct the business and exercise the powers of the corporation;

(5) establish and maintain offices to conduct its activities;

(6) acquire, own, lease, encumber, and transfer property as necessary or appropriate to carry out the purposes of the corporation;

(7) charge and collect membership dues and receive contributions of money or property to be devoted to carrying out the purposes of the corporation;

(8) sue and be sued; and

(9) do any other act necessary or appropriate to carry out the purposes of the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1380.

§140104 · Annual report

Not later than December 1 of each year, the corporation shall submit a report to Congress on the activities of the corporation during the prior calendar year. The report may not be printed as a public document.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1380.

Chapter 1403. The Military Chaplains Association of the United States of America

§140301 · Organization

(a) Federal Charter.—The Military Chaplains Association of the United States of America (in this chapter, the “corporation”) is a federally chartered corporation.

(b) Perpetual Existence.—Except as otherwise provided, the corporation has perpetual existence.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1380.

§140302 · Purposes

The purposes of the corporation are—

(1) to safeguard and strengthen the forces of faith and morality of our Nation;

(2) to perpetuate and deepen the bonds of understanding and friendship of our military service;

(3) to preserve our spiritual influence and interest in all members and veterans of the Armed Forces;

(4) to uphold the Constitution of the United States; and

(5) to promote justice, peace, and good will.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1380.

§140303 · Powers

The corporation may—

(1) make its own organization, including its constitution, bylaws, and regulations;

(2) adopt and alter a corporate seal;

(3) establish and maintain offices to conduct its activities;

(4) appoint or elect officers and agents;

(5) authorize the executive committee to conduct the business and exercise the powers of the corporation;

(6) acquire, own, lease, encumber, and transfer property as necessary or appropriate to carry out the purposes of the corporation;

(7) publish a magazine and other publications;

(8) charge and collect membership dues and subscription fees;

(9) sue and be sued; and

(10) do any other act necessary or appropriate to carry out the purposes of the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1380.

§140304 · Exclusive right to name

The corporation and its area, State, and local chapters have the exclusive right to use the name “The Military Chaplains Association of the United States of America”.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1381.

§140305 · Annual report

Not later than September 1 of each year, the corporation shall submit a report to Congress on the activities of the corporation during the prior calendar year. The report may not be printed as a public document.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1381.

Chapter 1405. Military Order of the Purple Heart of the United States of America, Incorporated

§140501 · Organization

(a) Federal Charter.—Military Order of the Purple Heart of the United States of America, Incorporated (in this chapter, the “corporation”), is a federally chartered corporation.

(b) Place of Incorporation and Domicile.—The corporation is declared to be incorporated and domiciled in the District of Columbia.

(c) Perpetual Existence.—Except as otherwise provided, the corporation has perpetual existence.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1381.

§140502 · Principles and purposes

(a) Principles.—The principles underlying the corporation are patriotic allegiance to the United States, fidelity to the Constitution and laws of the United States, the security of civil liberty, and the permanence of free institutions.

(b) Purposes.—The purposes of the corporation are educational, fraternal, historical, and patriotic, perpetuating the principles of liberty and justice which have created the United States, by—

(1) commemorating all national patriotic holidays;

(2) maintaining true allegiance to the Government of the United States and fidelity to its Constitution and laws;

(3) preserving and strengthening comradeship and patriotism among its members;

(4) assisting, comforting, and aiding all needy and distressed members and their dependents;

(5) giving needed hospital and service work through its Department of Veterans Affairs certified service officers;

(6) cooperating with other civic and patriotic organizations having worthy objectives;

(7) keeping alive the achievements and memory of our country's founders;

(8) ever cherishing the memory of General George Washington, who founded the Purple Heart at his headquarters at Newburgh-on-the-Hudson on August 7, 1782;

(9) influencing and teaching our citizenry, in a loyal appreciation of the heritages of American citizenship, with its responsibilities and privileges; and

(10) preserving and defending the United States from all enemies.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1381.

§140503 · Membership

(a) Active Members.—An individual is eligible for active membership in the corporation if the individual—

(1) is of good moral character; and

(2) has received the Purple Heart for wounds received as a member, of any rank, of the Armed Forces of the United States or any foreign country during military or naval combat against an armed enemy of the United States.

(b) Associate Members.—The corporation may extend eligibility for membership as associate members to parents and lineal descendants of an individual described in subsection (a) of this section on terms provided in its constitution and bylaws.

(c) Voting.—Each member described in subsection (a) of this section has one vote on each matter submitted to a vote at a meeting of the members.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1382.

§140504 · Governing body

(a) Board of Directors.—(1) The board of directors is the governing body of the corporation. Between meetings of the corporation, the board is responsible for the general policies and program of the corporation. The board is responsible for all funds of the corporation.

(2) The number of directors, their manner of selection (including the filling of vacancies), and their term of office are as provided in the constitution and bylaws of the corporation. However, the board shall have at least 18 directors.

(b) Officers.—(1) The officers of the corporation are a commander, a senior vice commander, a chaplain, an adjutant, a finance officer, a judge advocate, an inspector, a surgeon, a historian, and other elected officers as provided in the constitution and bylaws.

(2) The manner of election, term of office, and duties of the officers are as provided in the constitution and bylaws.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1382.

§140505 · Powers

The corporation may—

(1) adopt and amend a constitution and bylaws for the management of its property and the regulation of its affairs;

(2) adopt and alter a corporate seal;

(3) make contracts;

(4) acquire, own, lease, encumber, and transfer property as necessary or convenient to carry out the purposes of the corporation;

(5) borrow money, issue instruments of indebtedness, and secure its obligations by granting security interests in its property;

(6) charge and collect membership dues; and

(7) sue and be sued.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1382.

§140506 · Restrictions

(a) Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend.

(b) Political Activities.—The corporation or a director or officer as such may not contribute to, support, or assist a political party or candidate for public office.

(c) Distribution of Income or Assets.—The income or assets of the corporation may not inure to the benefit of, or be distributed to, a director, officer, or member except on dissolution or final liquidation of the corporation. This subsection does not prevent the payment of compensation to an officer in an amount approved by the executive committee of the corporation.

(d) Loans.—The corporation may not make a loan to a director, officer, or employee. Directors who vote for or assent to making a loan to a director, officer, or employee, and officers who participate in making the loan, are jointly and severally liable to the corporation for the amount of the loan until it is repaid.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1383.

§140507 · Principal office

The principal office of the corporation shall be in the District of Columbia or another place decided by the national executive board. However, the activities of the corporation are not confined to the place where the principal office is located but may be conducted throughout the States, territories, and possessions of the United States.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1383.

§140508 · Records and inspection

(a) Records.—The corporation shall keep—

(1) correct and complete records of account;

(2) minutes of the proceedings of its members, board of directors, and committees having any of the authority of its board of directors; and

(3) at its principal office, a record of the names and addresses of its members entitled to vote.

(b) Inspection.—A member entitled to vote, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1383.

§140509 · Liability for acts of officers and agents

The corporation is liable for the acts of its officers and agents acting within the scope of their authority.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1383.

§140510 · Service of process

The corporation shall have a designated agent in the District of Columbia to receive service of process for the corporation. Notice to or service on the agent, or mailed to the business address of the agent, is notice to or service on the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1384.

§140511 · Distribution of assets on dissolution or final liquidation

On dissolution or final liquidation of the corporation, any assets remaining after the discharge of all liabilities shall be distributed as provided by the board of directors, but in compliance with the constitution and bylaws of the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1384.

Chapter 1407. Military Order of the World Wars

§140701 · Definition

For purposes of this chapter, “State” includes the District of Columbia and the territories and possessions of the United States.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1384.

§140702 · Organization

(a) Federal Charter.—Military Order of the World Wars (in this chapter, the “corporation”), a nonprofit corporation incorporated in the District of Columbia, is a federally chartered corporation.

(b) Expiration of Charter.—The charter granted by this chapter expires if the corporation fails to comply with any provision of—

(1) its bylaws or articles of incorporation;

(2) this chapter; or

(3) the laws of the District of Columbia that apply to corporations such as the corporation recognized under this chapter.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1384.

§140703 · Purposes

The purposes of the corporation are as provided in the articles of incorporation and bylaws and include—

(1) promoting military service associations;

(2) promoting patriotic education and military, naval, and air science;

(3) defending the honor and integrity of the United States Government and the Constitution;

(4) fostering fraternal relations among all branches of the Armed Forces;

(5) encouraging the adoption of a suitable policy of national security; and

(6) encouraging the commemoration of military service and the establishment of war memorials.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1384.

§140704 · Membership

(a) Eligibility.—Except as provided in this chapter, eligibility for membership in the corporation and the rights and privileges of members are as provided in the articles of incorporation and bylaws.

(b) Nondiscrimination.—The terms of membership may not discriminate on the basis of race, color, religion, sex, disability, age, or national origin.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1385.

§140705 · Governing body

(a) Board of Directors.—The board of directors and the responsibilities of the board are as provided in the articles of incorporation.

(b) Officers.—The officers and the election of officers are as provided in the articles of incorporation.

(c) Nondiscrimination.—The requirements for serving as a director or officer may not discriminate on the basis of race, color, religion, sex, disability, age, or national origin.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1385.

§140706 · Powers

The corporation has only the powers provided in its bylaws and articles of incorporation filed in the State in which it is incorporated.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1385.

§140707 · Restrictions

(a) Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend.

(b) Distribution of Income or Assets.—The income or assets of the corporation may not inure to the benefit of, or be distributed to, a director, officer, or member during the life of the charter granted by this chapter. This subsection does not prevent the payment of reasonable compensation to an officer or reimbursement for actual necessary expenses in amounts approved by the board of directors.

(c) Loans.—The corporation may not make a loan to a director, officer, or employee.

(d) Claim of Governmental Approval or Authorization.—The corporation may not claim congressional approval or the authority 99–604, §12, Nov. 6, 1986, 100 Stat. 3448.

§3912 · Reservation of right to amend or repeal chapter

The right to alter, amend, or repeal this chapter is expressly reserved to the Congress.

Pub. L. 99–604, §13, Nov. 6, 1986, 100 Stat. 3448.

§3913 · “State” defined

For purposes of this chapter, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions

of the United

States Government for any of its activities.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1385.

§140708 · Duty to maintain tax-exempt States.

Pub. L. 99–604, §14, Nov. 6, 1986, 100 Stat. 3448.

§3914 · Tax-exempt status

The corporation shall maintain its status as an organization exempt from taxation

under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.).

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1385.

§140709 · Records and inspection

(a) Records.—The corporation shall keep—

(1) correct and complete records of account;

(2) minutes of the proceedings of its members, board of directors, and committees having any of the authority of its board of directors; and

(3) at its principal office, a record of the names and addresses of its members entitled to vote.

(b) Inspection.—A member entitled to vote, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1385.

§140710 · Service of process

The corporation shall comply with the law on service of process of each as provided in title 26. If the corporation fails to maintain such status, the charter granted hereby shall expire.

Pub. L. 99–604, §15, Nov. 6, 1986, 100 Stat. 3448.

§3915 · Failure to comply with restrictions or provisions

If the corporation shall fail to comply with any of the restrictions or provisions of this chapter 

Pub. L. 99–604, §16, Nov. 6, 1986, 100 Stat. 3448.

Chapter 72. Non Commissioned Officers Association of the United States of America, Inc.

§4001 · Recognition as corporation and grant of Federal charter

The Non Commissioned Officers Association of the United States of America, Incorporated, a nonprofit corporation organized under the laws of the State of Texas, is recognized as such and is granted a Federal charter.

Pub. L. 100–281, §1, Apr. 6, 1988, 102 Stat. 73.

§4002 · Powers of corporation

The Non Commissioned Officers Association of the United States of America, Incorporated, (hereinafter in this chapter referred to as the “corporation”) shall have only those powers granted to it through its bylaws and articles of incorporation filed in the

State in which it is incorporated and each State subject to the laws of such State.

Pub. L. 100–281, §2, Apr. 6, 1988, 102 Stat. 73.

§4003 · Objects and purposes of corporation

The objects and purposes of the corporation are those provided in its bylaws and articles of incorporation and shall include—

(1) upholding and defending the Constitution of the United States;

(2) promoting health, prosperity, and scholarship among its members and their dependents and survivors through benevolent programs;

(3) assisting veterans and their dependents and survivors through a service program established for that purpose;

(4) improving conditions for service members, veterans and their dependents and survivors; and

(5) fostering fraternal and social activities among its members in recognition that cooperative action is required for the furtherance of their common interests.

Pub. L. 100–281, §3, Apr. 6, 1988, 102 Stat. 73.

§4004 · Service of process

With respect to service of process, the corporation shall comply with the laws of the State in which it is incorporated and those States in which it carries on

activities.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1386.

§140711 its activities in furtherance of its corporate purposes.

Pub. L. 100–281, §4, Apr. 6, 1988, 102 Stat. 73.

§4005 · Membership

Except as provided in section 4008 of this title, eligibility for membership in the corporation and the rights and privileges of members of the corporation shall be as provided in the constitution and bylaws of the corporation.

Pub. L. 100–281, §5, Apr. 6, 1988, 102 Stat. 73.

§4006 · Board of directors

Except as provided in section 4008 of this title, the composition of the board of directors of the corporation and the responsibilities of such board shall be as provided in the articles of incorporation of the corporation and in conformity with the laws of the State in which it is incorporated.

Pub. L. 100–281, §6, Apr. 6, 1988, 102 Stat. 74.

§4007 · Officers

Except as provided in section 4008 of this title, the positions of officers of the corporation and the election of members to such positions shall be as provided in the articles of incorporation of the corporation and in conformity with the laws of the State in which it is incorporated.

Pub. L. 100–281, §7, Apr. 6, 1988, 102 Stat. 74.

§4008 · Prohibition on discrimination

In establishing the conditions of membership in the corporation and in determining the requirements for serving on the board of directors or as an officer of the corporation, the corporation may not discriminate on the basis of race, color, religion, sex, handicap, age, or national origin.

Pub. L. 100–281, §8, Apr. 6, 1988, 102 Stat. 74.

§4009 · Restrictions

(a) Distribution of income or assets to members

No part of the income or assets of the corporation may inure to the benefit of any member, officer, or director of the corporation or be distributed to any such individual during the life of this charter. Nothing in this subsection shall be construed to prevent the payment of reasonable compensation to the officers of the corporation or reimbursement for actual necessary expenses in amounts approved by the board of directors.

(b) Loans

The corporation may not make any loan to any officer, director, or employee of the corporation.

(c) Issuance of stock; dividends

The corporation shall have no power to issue any shares of stock nor to declare or pay any dividends.

(d) Claim of approval or authorization

The corporation shall not claim congressional approval or the authorization of the Federal Government for any of its activities by virtue of this chapter.

Pub. L. 100–281, §9, Apr. 6, 1988, 102 Stat. 74.

§4010 · Liability for acts of officers and agents

The corporation is shall be liable for the acts of its officers and agents acting whenever such officers and agents have acted within the scope of their authority.

Pub. L.

105–225, Aug. 12, 1998, 112 Stat. 1386.§140712 100–281, §10, Apr. 6, 1988, 102 Stat. 74.

§4011 · Books and records; inspection

The corporation shall keep correct and complete books and records of account and minutes of any proceeding of the corporation involving any of its members, the board of directors, or any committee having authority under the board of directors. The corporation shall keep, at its principal office, a record of the names and addresses of all members having the right to vote in any proceeding of the corporation. All books and records of such corporation may be inspected by any member having the right to vote in any corporation proceeding, or by any agent or attorney of such member, for any proper purpose at any reasonable time. Nothing in this section shall be construed to contravene any applicable State law.

Pub. L. 100–281, §11, Apr. 6, 1988, 102 Stat. 74.

§4012 · Annual report

The corporation shall submit an annual report to Congress on report annually to the Congress concerning the activities of the corporation during the prior fiscal year. The preceding fiscal year. Such annual report shall be submitted at the same time as the report of the audit required by section 10101 1102 of this title. The report may shall not be printed as a public document.

Pub. L.

105–225, Aug. 12, 1998, 112 Stat. 1386.

Chapter 1501. National Academy of Public Administration

§150101 · Definition

For purposes of this chapter, “State” includes the District of Columbia and the territories and possessions of the United States.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1386.

§150102 · Organization

(a) Federal Charter.—National Academy of Public Administration (in this chapter, the “corporation”), incorporated in the District of Columbia, is a federally chartered corporation.

(b) Expiration of Charter.—If the corporation does not comply with any provision of this chapter, the charter granted by this chapter expires.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1386.

§150103 · Purposes

The purposes of the corporation are as provided in the articles of incorporation and include—

(1) evaluating the structure, administration, operation, and program performance of Federal and other governments and government agencies, anticipating, identifying, and analyzing significant problems, and suggesting timely corrective action;

(2) foreseeing and examining critical emerging issues in governance, and formulating practical approaches to their resolution;

(3) assessing the effectiveness, structure, administration, and implications for governance of present or proposed public programs, policies, and processes, and recommending specific changes;

(4) advising on the relationship of Federal, State, regional, and local governments, and increasing public officials’, citizens’, and scholars’ understanding of requirements and opportunities for sound governance and how these can be effectively met; and

(5) demonstrating by the conduct of its affairs a commitment to the highest professional standards of ethics and scholarship.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1386.

§150104 · Services to United States Government

On request of the United States Government, the corporation shall investigate, examine, experiment, and report on any subject of government. The actual expense of the investigation, examination, experimentation, and report shall be paid by the Government from appropriations available for that purpose.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1387.

§150105 · Membership

Eligibility for membership in the corporation and the rights and privileges of members are as provided in the bylaws.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1387.

§150106 · Governing body

(a) Board of Directors.—The board of directors and the responsibilities of the board are as provided in the articles of incorporation.

(b) Officers.—The officers and the election of officers are as provided in the articles of incorporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1387.

§150107 · Powers

The corporation has only the powers provided in its bylaws and articles of incorporation filed in each State in which it is incorporated.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1387.

§150108 · Restrictions

(a) Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend.

(b) Political Activities.—The corporation or a director or officer as such may not contribute to, support, or participate in any political activity or in any manner attempt to influence legislation.

(c) Distribution of Income or Assets.—The income or assets of the corporation may not inure to the benefit of, or be distributed to, a director, officer, or member during the life of the charter granted by this chapter. This subsection does not prevent the payment of reasonable compensation to an officer or member in an amount approved by the board of directors.

(d) Loans.—The corporation may not make a loan to a director, officer, or employee.

(e) Claim of Governmental Approval or Authorization.—Except by agreement, the corporation may not claim congressional approval or the authority of the United States Government for any of its activities.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1387.

§150109 · Duty to maintain corporate and tax-exempt status

(a) Corporate Status.—The corporation shall maintain its status as a corporation incorporated under the laws of 100–281, §13, Apr. 6, 1988, 102 Stat. 75.

§4013 · Reservation of right to amend or repeal chapter

The right to alter, amend, or repeal this chapter is expressly reserved to the Congress.

Pub. L. 100–281, §14, Apr. 6, 1988, 102 Stat. 75.

§4014 · “State” defined

For purposes of this chapter, the term “State” includes

the District of

Columbia.(b) Tax-Exempt Status.—The Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and the territories and possessions of the United States.

Pub. L. 100–281, §15, Apr. 6, 1988, 102 Stat. 75.

§4015 · Tax-exempt status

The

corporation shall maintain its status as an organization exempt from taxation

under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.).

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1387.

§150110 · Records and inspection

(a) Records.—The corporation shall keep—

(1) correct and complete records of account;

(2) minutes of the proceedings of its members, board of directors, and committees having any of the authority of its board of directors; and

(3) at its principal office, a record of the names and addresses of its members entitled to vote.

(b) Inspection.—A member entitled to vote, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1388.

§150111 · Service of process

The corporation shall comply with the law on service of process of each State in which it is incorporated and each State in which it carries on activities.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1388.

§150112 · Liability for acts of officers and agents

The corporation is liable for the acts of its officers and agents acting within the scope of their authority.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1388.

§150113 · Annual report

The corporation shall submit an annual report to Congress on the activities of the corporation during the prior fiscal year. The report shall be submitted at the same time as the report of the audit required by section 10101 of this title. The report may not be printed as a public document.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1388.

Chapter 1503. National Academy of Sciences

§150301 · Federal charter

National Academy of Sciences (in this chapter, the “corporation”) is a federally chartered corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1388.

§150302 · Powers

(a) General.—The corporation may—

(1) make its own organization, including adopting a constitution, bylaws, and regulations;

(2) provide for the election of domestic and foreign members, their division into classes, and other matters needful or usual in such an institution;

(3) fill vacancies; and

(4) report its actions under this subsection to Congress.

(b) Property.—(1) The corporation may—

(A) receive property by devise, bequest, donation, or otherwise;

(B) hold the property absolutely or in trust;

(C) manage and invest the property

as provided in

the constitution of the corporation; and

(D) use the property and income from the property to carry out the purposes of the corporation, subject to instructions of donors.

(2) Congress at any time may limit the amount of real estate the corporation may acquire and the amount of time it may be held.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1388.

§150303 · Services to United States Government

On request of the United States Government, the corporation shall investigate, examine, experiment, and report on any subject of science or art. The corporation may not receive compensation for services to the Government, but the actual expense of the investigation, examination, experimentation, and report shall be paid by the Government from an appropriation for that purpose.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1389.

§150304 · Annual meeting

The corporation shall hold an annual meeting at a place designated by the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1389.

Chapter 1505. National Conference of State Societies, Washington, District of Columbia

§150501 · Definition

For purposes of this chapter, “State” includes the District of Columbia.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1389.

§150502 · Organization

(a) Federal Charter.—National Conference of State Societies, Washington, District of Columbia (in this chapter, the “corporation”), is a federally chartered corporation.

(b) Perpetual Existence.—Except as otherwise provided, the corporation has perpetual existence.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1389.

§150503 · Purposes

The purposes of the corporation are—

(1) to promote friendly and cooperative relations between the State and territorial societies in the District of Columbia;

(2) to foster, participate in, and encourage educational, cultural, charitable, civic, and patriotic programs and activities in the District of Columbia and surrounding communities; and

(3) to act as contact agent with States for carrying out State and national programs.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1389.

§150504 · Membership

The membership of the corporation consists of the members of the State and territorial societies in the District of Columbia. Except as provided in this chapter, eligibility for membership in the corporation and the rights and privileges of members are as provided in the bylaws and regulations of the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1389.

§150505 · Governing body

(a) Board of Representatives.—(1) The board of representatives is the governing body of the corporation. The board shall exercise the powers granted to the corporation.

(2) The board consists of one representative from each State society and territorial society in the District of Columbia. Each member of the board has one vote.

(b) Officers.—(1) The officers of the corporation are a president, a first vice president, a second vice president, a secretary, an assistant secretary, a treasurer, an assistant treasurer, a historian, and other officers designated by the board.

(2) The officers shall be elected by the board at an annual meeting and serve for a term of 1 year.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1390.

§150506 · Powers

The corporation has the powers provided in its bylaws and articles of incorporation filed in the State in which it is incorporated, including the power to—

(1) adopt bylaws and regulations for the management of its property and the regulation of its affairs;

(2) adopt and alter a corporate seal;

(3) adopt emblems and badges;

(4) choose officers, managers, and agents as the activities of the corporation require;

(5) make contracts;

(6) acquire, own, lease, encumber, and transfer property as necessary to carry out the purposes of the corporation;

(7) borrow money, issue instruments of indebtedness, and secure its obligations by granting security interests in its property;

(8) publish a magazine, newspaper, and other publications consistent with the purposes of the corporation;

(9) sue and be sued; and

(10) do any other act necessary and proper to carry out the purposes of the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1390.

§150507 · Exclusive right to name, seals, emblems, and badges

The corporation has the exclusive right to use the name “National Conference of State Societies, Washington, District of Columbia” and seals, emblems, and badges the corporation adopts.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1390.

§150508 · Restrictions

(a) Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend.

(b) Political Activities.—The corporation or an officer or member as such may not contribute to, support, or assist a political party or candidate for elective public office. The corporation may not carry on propaganda.

(c) Distribution of Income or Assets.—The income or assets of the corporation may not inure to the benefit of, or be distributed to, an officer or member except on dissolution or final liquidation of the corporation.

(d) Loans.—The corporation may not make a loan or advance to an officer or member of the board of representatives. Officers and members of the board who vote for or assent to making a loan or advance to an officer or member of the board, and officers or members of the board who participate in making the loan or advance, are jointly and severally liable to the corporation for the amount of the loan or advance until it is repaid.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1390.

§150509 · Headquarters and principal office

The headquarters and principal office of the corporation shall be in the District of Columbia. However, the activities of the corporation are not confined to the District of Columbia but may be conducted throughout the States, territories, and possessions of the United States.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1391.

§150510 · Records and inspection

(a) Records.—The corporation shall keep—

(1) correct and complete records of account;

(2) minutes of the proceedings of its members, board of representatives, and committees having any of the authority of its board of representatives; and

(3) at its principal office, a record of the names and addresses of its members entitled to vote.

(b) Inspection.—A member entitled to vote, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1391.

§150511 · Service of process

(a) District of Columbia.—The corporation shall have a designated agent in the District of Columbia to receive service of process for the corporation. Designation of the agent shall be filed in the office of the clerk of the United States District Court for the District of Columbia. Notice to or service on the agent, or mailed to the address of the agent, is notice to or service on the corporation.

(b) States.—As a condition to the exercise in any State of any power or privilege granted by this chapter, the corporation shall file, with 

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1391.

§150512 · Liability for acts of officers and agents

The corporation is liable for the acts of its officers and agents acting within the scope of their authority.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1391.

§150513 · Distribution of assets on dissolution or final liquidation

On dissolution or final liquidation of the corporation, any assets remaining after the discharge of all liabilities shall be divided equally among the State and territorial societies in the District of Columbia.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1391.

Chapter 1507. National Conference on Citizenship

§150701 · Organization

(a) Federal Charter.—National Conference on Citizenship (in this chapter, the “corporation”) is a federally chartered corporation.

(b) Perpetual Existence.—Except as otherwise provided, the corporation has perpetual existence.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1392.

§150702 · Purposes

The purposes of the corporation are—

(1) to hold an annual national conference on citizenship on or about “Citizenship Day”, September 17;

(2) to assist in the development of more dynamic procedures for making citizenship more effective, including the promotion and encouragement of local, State, and regional citizenship conferences; and

(3) to indicate the ways and means by which various organizations may contribute concretely to the development of a more active, alert, enlightened, conscientious, and progressive citizenry in our country.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1392.

§150703 · Membership

(a) Eligibility.—Membership in the corporation is confined to agencies and organizations. Except as provided in this chapter, the rights and privileges of members are as provided in the bylaws.

(b) Voting.—Each agency or organization sending delegates to, and participating in, the annual national conference on citizenship has one vote in the conduct of the business of the conference.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1392.

§150704 · National officers

(a) National Officers.—The national officers of the corporation are a president, a first vice president, a second vice president, a third vice president, a secretary, and a treasurer. The president is chairman of the board of directors and of the executive committee described in section 150705(d) of this title.

(b) Election.—The national officers are elected biennially from among the officers and members of the member agencies and organizations participating in the annual national conference on citizenship, by a majority vote of the agencies and organizations sending delegates to, and participating in, the conference.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1392.

§150705 · Board of directors

(a) General.—The board of directors is the governing body of the corporation. The board shall exercise the powers granted to the corporation.

(b) Number and Election.—The number of directors and their term of office are as provided in the bylaws, except that the board shall have at least 10 members (including ex officio members). The directors are elected from among the officers and members of the member agencies and organizations participating in the annual national conference on citizenship, by a majority vote of the agencies and organizations sending delegates to, and participating in, the conference.

(c) Meetings.—The board shall hold an annual meeting at a time and place as may be provided in the bylaws. The annual report of the board shall be presented at the annual meeting. Special meetings of the board may be called as provided in the bylaws.

(d) Executive Committee.—The board shall designate 3 of its own members, who together with the president and the 3 vice presidents constitute the executive committee. When the board is not in session, the executive committee has the powers of the board subject to the board's direction and may authorize the seal of the corporation to be affixed to all papers that require it.

(e) Executive Director and Professional Staff.—The executive committee shall select an executive director for the corporation, who shall have the qualifications and terms of employment decided by the committee. The executive director shall nominate other professional staff members, who must be approved by the executive committee.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1392.

§150706 · Powers

The corporation may—

(1) adopt and amend bylaws and regulations for the management of its property and the regulation of its affairs, including the establishment and maintenance of local and State conferences on citizenship;

(2) adopt and alter a corporate seal;

(3) adopt emblems and badges;

(4) choose officers, managers, employees, and agents as the activities of the corporation require;

(5) make contracts;

(6) acquire, own, lease, encumber, and transfer property as necessary to carry out the purposes of the corporation;

(7) borrow money, issue instruments of indebtedness, and secure its obligations by granting security interests in its property;

(8) use corporate funds to give prizes or awards to citizens for outstanding contributions toward the achievement of the purposes of the corporation;

(9) publish a magazine and other publications consistent with the purposes of the corporation;

(10) sue and be sued; and

(11) do any other act necessary and proper to carry out the purposes of the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1393.

§150707 · Exclusive right to name, seals, emblems, and badges

The corporation has the exclusive right to use the name “National Conference on Citizenship” and seals, emblems, and badges the corporation adopts.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1393.

§150708 · Restrictions

(a) Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend.

(b) Political Activities.—The corporation or a director, officer, or member as such may not contribute to, support, or assist a political party or candidate for elective public office, or advocate, sponsor, or promote legislation in the Congress of the United States or in the legislature of a State.

(c) Distribution of Income or Assets.—The income or assets of the corporation may not inure to the benefit of, or be distributed to, a director, officer, or member except on dissolution or final liquidation of the corporation. This subsection does not prevent the executive committee from adopting terms of employment of the executive director as provided in section 150705(e) of this title.

(d) Loans.—The corporation may not make a loan to a director, officer, or employee. Directors who vote for or assent to making a loan to a director, officer, or employee, and officers who participate in making the loan, are jointly and severally liable to the corporation for the amount of the loan until it is repaid.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1393.

§150709 · Headquarters and principal office

The headquarters and principal office of the corporation shall be in the District of Columbia, Maryland, or Virginia. However, the activities of the corporation are not confined to the District of Columbia, Maryland, and Virginia but may be conducted throughout the States, territories, and possessions of the United States.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1394.

§150710 · Records and inspection

(a) Records.—The corporation shall keep—

(1) correct and complete records of account;

(2) minutes of the proceedings of its annual national conference, board of directors, and committees having any of the authority of its board of directors; and

(3) at its principal office, a record of the names and addresses of its members entitled to vote.

(b) Inspection.—A member entitled to vote, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1394.

§150711 · Service of process

The corporation shall have a designated agent in the District of Columbia to receive service of process for the corporation. Designation of the agent shall be filed in the office of the clerk of the United States District Court for the District of Columbia. Notice to or service on the agent, or mailed to the business address of the agent, is notice to or service on the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1394.

§150712 · Liability for acts of officers and agents

The corporation is liable for the acts of its officers and agents acting within the scope of their authority.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1394.

§150713 · Distribution of assets on dissolution or final liquidation

On dissolution or final liquidation of the corporation, any assets remaining after the discharge of all liabilities shall be transferred by the board of directors to a recognized agency or agencies engaged in the furtherance and advancement of citizenship.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1394.

Chapter 1509. National Council on Radiation Protection and Measurements

§150901 · Organization

(a) Federal Charter.—National Council on Radiation Protection and Measurements (in this chapter, the “corporation”) is a federally chartered corporation.

(b) Perpetual Existence.—Except as otherwise provided, the corporation has perpetual existence.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1395.

§150902 · Purposes

The purposes of the corporation are—

(1) to collect, analyze, develop, and disseminate in the public interest information and recommendations about—

(A) protection against radiation; and

(B) radiation measurements, quantities, and units, particularly those concerned with protection against radiation;

(2) to provide a means by which organizations concerned with the scientific and related aspects of protection against radiation and of radiation quantities, units, and measurements may cooperate for effective use of their combined resources, and to stimulate the work of those organizations;

(3) to develop basic concepts about—

(A) radiation quantities, units, and measurements;

(B) the application of those concepts; and

(C) protection against radiation; and

(4) to cooperate with the International Commission on Radiological Protection, the Federal Radiation Council, the International Commission on Radiological Units and Measurements, and other national and international organizations, governmental and private, concerned with radiation quantities, units, and measurements and with protection against radiation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1395.

§150903 · Membership

(a) Eligibility.—Except as provided in this chapter, eligibility for membership in the corporation and the rights and privileges of members are as provided in the bylaws.

(b) Voting.—Each member (except an honorary or associate member) has one vote on each matter submitted to a vote at a meeting of the members.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1395.

§150904 · Governing body

(a) Board of Directors.—(1) The board of directors is the governing body of the corporation. Between meetings of the corporation, the board is responsible for the general policies and program of the corporation. The board is responsible for the control of all funds of the corporation.

(2) The selection of directors and their term of office are as provided in the bylaws.

(b) Officers.—(1) The officers of the corporation are a president, one or more vice presidents, a secretary, a treasurer, and other officers as provided in the bylaws. Their duties are as provided in the bylaws.

(2) The officers shall be elected at the annual meeting of the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1395.

§150905 · Powers

The corporation may—

(1) adopt and amend bylaws for the management of its property and the regulation of its affairs;

(2) adopt and alter a corporate seal;

(3) choose directors, officers, trustees, managers, employees, and agents as the activities of the corporation require;

(4) make contracts;

(5) acquire, own, lease, encumber, and transfer property as necessary to carry out the purposes of the corporation;

(6) borrow money, issue instruments of indebtedness, and secure its obligations by granting security interests in its property;

(7) sue and be sued; and

(8) do any other act necessary and proper to carry out the purposes of the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1396.

§150906 · Restrictions

(a) Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend.

(b) Political Activities.—The corporation or a director, officer, or agent as such may not contribute to, support, or assist a political party or candidate for office.

(c) Distribution of Income or Assets.—The income or assets of the corporation may not inure to the benefit of, or be distributed to, a director, officer, or member during the life of the corporation or on its dissolution or final liquidation. This subsection does not prevent the payment of reasonable compensation to an officer in an amount approved by the board of directors.

(d) Loans.—The corporation may not make a loan to a director, officer, or employee. Directors who vote for or assent to making a loan to a director, officer, or employee, and officers who participate in making the loan, are jointly and severally liable to the corporation for the amount of the loan until it is repaid.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1396.

§150907 · Principal office

The principal office of the corporation shall be in the District of Columbia or another place decided by the board of directors. However, the activities of the corporation may be conducted throughout the world.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1396.

§150908 · Records and inspection

(a) Records.—The corporation shall keep—

(1) correct and complete records of account;

(2) minutes of the proceedings of its members, board of directors, and committees having any of the authority of its board of directors; and

(3) at its principal office, a record of the names and addresses of its members entitled to vote.

(b) Inspection.—A member entitled to vote, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1396.

§150909 · Statement required in audit report

The corporation shall include in the audit report statement required under section 10101(b)(1)(B) of this title a schedule of all contracts requiring payments greater than $10,000 and all payments of compensation or fees at a rate greater than $10,000 a year.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1397.

§150910 · Service of process

The corporation shall have a designated agent in the District of Columbia to receive service of process for the corporation. Notice to or service on the agent, or mailed to the business address of the agent, is notice to or service on the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1397.

§150911 · Liability for acts of officers and agents

The corporation is liable for the acts of its officers and agents acting within the scope of their authority.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1397.

§150912 · Distribution of assets on dissolution or final liquidation

On dissolution or final liquidation of the corporation, any assets remaining after the discharge of all liabilities shall be distributed as provided by the board of directors, but consistent with the purposes of the corporation and in compliance with the bylaws.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1397.

Chapter 1511. National Education Association of the United States

§151101 · Organization

(a) Federal Charter.—National Education Association of the United States (in this chapter, the “corporation”) is a federally chartered corporation.

(b) Place of Incorporation.—The corporation is declared to be incorporated in the District of Columbia.

(c) Perpetual Existence.—Except as otherwise provided, the corporation has perpetual existence.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1397.

§151102 · Purposes

The purposes of the corporation are—

(1) to elevate the character and advance the interests of the profession of teaching; and

(2) to promote the cause of education in the United States.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1397.

§151103 · Membership

Eligibility for membership in the corporation and the rights, obligations, and designation of classes of members are as provided in the bylaws.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1398.

§151104 · Governing body

(a) Officers.—The officers of the corporation are a president, one or more vice presidents, a secretary, a treasurer, and the members of a board of directors, an executive committee, and any other boards, councils, and committees, and other officers, as provided in the bylaws.

(b) Additional Provisions.—Except as provided in this chapter, the manner of selection, term of office, powers, and duties of the officers, boards, councils, and committees are as provided in the bylaws. The bylaws may provide other and different provisions as to the names and numbers of the officers, boards, councils, and committees.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1398.

§151105 · Powers

The corporation may—

(1) adopt and amend bylaws;

(2) adopt and alter a corporate seal;

(3) acquire, own, lease, encumber, and transfer property to carry out the purposes of the corporation;

(4) accept and administer a trust for educational purposes;

(5) borrow money, issue instruments of indebtedness, and secure its obligations by granting security interests in its property; and

(6) sue and be sued in any court of the United States, or other court of competent jurisdiction.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1398.

§151106 · Tax exemption

(a) Real Property.—Real property of the corporation is exempt from taxation if it is—

(1) located in the District of Columbia;

(2) used for the purposes provided in section 151102 of this title; and

(3) not used to produce income.

(b) Personal Property.—Personal property of the corporation is exempt from taxation if it is used for the purposes provided in section 151102 of this title or to produce income to be used for those purposes.

(c) Annual Report.—The corporation shall submit annually to the Secretary of Education a written report stating in detail for the prior year—

(1) the real and personal property held by the corporation;

(2) the income from the property; and

(3) the expenditure or other use or disposition of the property and income from the property.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1398.

§151107 · Principal office

The principal office of the corporation shall be in the District of Columbia. However, the activities of the corporation may be conducted, and offices may be maintained, throughout the United States in accordance with the bylaws.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1398.

§151108 · 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. 1399.

Chapter 1513. National Fallen Firefighters Foundation

§151301 · Organization

(a) Federal Charter.—National Fallen Firefighters Foundation (in this chapter, the “corporation”) is a federally chartered corporation.

(b) Nature of Corporation and Place of Incorporation.—The corporation is a charitable and nonprofit corporation incorporated under the laws of Maryland and is not an agency or establishment of the United States Government.

(c) Perpetual Existence.—Except as otherwise provided, the corporation has perpetual existence.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1399.

§151302 · Purposes

The purposes of the corporation are—

(1) primarily to encourage, accept, and administer private gifts of property for the benefit of the National Fallen Firefighters’ Memorial and the annual memorial service associated with it;

(2) to provide financial assistance to families of fallen firefighters for transportation to and lodging at non-Federal facilities during the annual memorial service;

(3) to assist State and local efforts to recognize firefighters who die in the line of duty; and

(4) to provide scholarships and other financial assistance for educational purposes and job training for the spouses and children of fallen firefighters.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1399.

“(1) primarily—

“(A) to encourage, accept, and administer private gifts of property for the benefit of the National Fallen Firefighters’ Memorial and the annual memorial service associated with the memorial; and

“(B) to, in coordination with the Federal Government and fire services (as that term is defined in section 4 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2203)), plan, direct, and manage the memorial service referred to in subparagraph (A) and related activities;”;

“(5) to provide for a national program to assist families of fallen firefighters and fire departments in dealing with line-of-duty deaths of those firefighters; and

“(6) to promote national, State, and local initiatives to increase public awareness of fire and life safety.”

§151303 · Board of directors

(a) General.—The board of directors is the governing body of the corporation.

(b) Members and Appointment.—(1) The Administrator of the United States Fire Administration of the Federal Emergency Management Agency is an ex officio nonvoting member of the board. The Administrator appoints the voting members of the board.

(2) The board consists of the following 9 voting members:

(A) one active volunteer firefighter;

(B) one active career firefighter;

(C) one United States Government firefighter; and

(D) six individuals who have a demonstrated interest in the fire service.

(3) The terms of office of the voting members are 6 years (except for the initial members). The terms shall be staggered so that the terms of 3 members expire every 2 years.

(4) A vacancy on the board shall be filled within 60 days in the manner in which the original appointment was made.

(c) Chairman.—The Chairman 

(d) Quorum.—A majority of the current membership of the board is a quorum.

(e) Meetings.—The board shall meet at the call of the chairman at least once a year. If a member of the board misses 3 consecutive meetings, that member may be removed from the board and that vacancy may be filled as provided in subsection (b)(4) of this section.

(f) Status.—Appointment to the board does not constitute appointment as an officer or employee of the United States Government for the purpose of any law of the United States.

(g) Compensation.—Members of the board serve without compensation.

(h) Liability.—Members of the board are not personally liable, except for gross negligence.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1399; Pub. L. 105–354, §1(8), Nov. 3, 1998, 112 Stat. 3244.

§151304 · Officers and employees

(a) Appointment.—The board of directors may appoint not more than 2 officers or employees, but only after the corporation has sufficient funds to pay for their services.

(b) Status and Compensation.—Officers and employees of the corporation—

(1) are not employees of the United States Government;

(2) shall be appointed without regard to the provisions of title 5 governing appointments in the competitive service; and

(3) may be paid without regard to chapter 51 and subchapter III of chapter 53 of title 5, except that an officer or employee may not be paid more than the annual rate of basic pay for level GS–15 of the General Schedule under section 5107 of title 5.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1400.

“(A) appointing officers or employees;”.

§151305 · Powers

(a) General.—The corporation may—

(1) adopt a constitution and bylaws;

(2) adopt a seal which shall be judicially noticed; and

(3) do any other act necessary to carry out this chapter.

(b) Powers as Trustee.—To carry out its purposes, the corporation has the usual powers of a corporation acting as a trustee in Maryland, including the power—

(1) to accept, receive, solicit, hold, administer, and use any gift, devise, or bequest, either absolutely or in trust, of property or any income from or other interest in the property;

(2) unless otherwise required by the instrument of transfer, to sell, donate, lease, invest, or otherwise dispose of any property or income from the property;

(3) to make contracts and other arrangements with public agencies and private organizations and persons and to make payments necessary to carry out its functions;

(4) to sue and be sued; and

(5) to do any other act necessary and proper to carry out the purposes of the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1400; Pub. L. 105–354, §1(9), Nov. 3, 1998, 112 Stat. 3244.

§151306 · Principal office

The principal office of the corporation shall be in Maryland. However, the corporation may conduct business throughout the States, territories, and possessions of the United States.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1401.

§151307 · Provision and acceptance of support by Administrator

(a) Provision by Administrator.—(1) The Administrator of the United States Fire Administration of the Federal Emergency Management Agency—

(A) may provide personnel, facilities, and other administrative services to the corporation; and

(B) shall require and accept reimbursements for these personnel, facilities, and services.

(2) Reimbursements under paragraph (1) of this subsection shall be deposited in the Treasury to the credit of the appropriations then current and chargeable for the cost of providing the services.

(3) Notwithstanding any other law, United States Government personnel and stationery may not be used to solicit funding for the corporation.

(b) Acceptance by Administrator.—The Administrator may accept, without regard to chapters 33 and 51 and subchapter III of chapter 53 of title 5 and related regulations, the services of the corporation and its directors, officers, and employees as volunteers in performing functions authorized under this chapter, without compensation from the Administration.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1401.

§5204. Administrative services and support

(a) In general

During the 10-year period beginning on the date of the enactment of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1999 [Oct. 21, 1998], the Administrator may—

(1) provide personnel, facilities, and other required services for the operation of the Foundation; and

(2) accept reimbursement for the assistance provided under paragraph (1).

(b) Reimbursement

Any amounts received under subsection (a)(2) as reimbursement for assistance shall be deposited in the Treasury to the credit of the appropriations then current and chargeable for the cost of providing that assistance.

(c) Prohibition

Notwithstanding any other provision of law, no Federal personnel or stationery may be used to solicit funding for the Foundation.

§151308 · Service of process

The corporation shall have a designated agent to receive service of process for the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1401.

§151309 · Civil action by Attorney General for equitable relief

The Attorney General may bring a civil action in the United States District Court for the District of Columbia for appropriate equitable relief if the corporation—

(1) engages or threatens to engage in any act, practice, or policy that is inconsistent with the purposes in section 151302 of this title; or

(2) refuses, fails, or neglects to carry out its obligations under this chapter or threatens to do so.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1401.

§151310 · Immunity of United States Government

The United States Government is not liable for any debts, defaults, acts, or omissions of the corporation. The full faith and credit of the Government does not extend to any obligation of the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1401.

§151311 · Annual report

Not later than 4 months after the end of each fiscal year, the corporation shall submit a report to the appropriate committees of Congress on the activities of the corporation during the prior fiscal year, including a complete statement of its receipts, expenditures, and investments.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1401.

Chapter 1515. National Federation of Music Clubs

§151501 · Definition

For purposes of this chapter, “State” includes the District of Columbia and the territories and possessions of the United States.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1402.

§151502 · Organization

(a) Federal Charter.—National Federation of Music Clubs (in this chapter, the “corporation”), incorporated in Illinois, is a federally chartered corporation.

(b) Expiration of Charter.—If the corporation does not comply with any provision of this chapter,

title 26. If the corporation fails to maintain such status, the charter granted by this chapter expires.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1402.

§151503 · Purposes

(a) Specific Purposes.—The purposes of the corporation are as provided in the articles of incorporation and include—

(1) bringing into working relations with one another, music clubs and other musical organizations and individuals associated with musical activity for the purpose of developing and maintaining high musical standards;

(2) aiding and encouraging musical education; and

(3) promoting American music and American artists throughout the United States and the world.

(b) Patriotic, Civic, and Historical Organization.—The corporation shall function as a patriotic, civic, and historical organization as authorized by the laws of each State in which it is incorporated.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1402.

§151504 · Membership

Eligibility for membership in the corporation and the rights and privileges of members are as provided in the bylaws.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1402.

§151505 · Governing body

(a) Board of Directors.—The board of directors and the responsibilities of the board are as provided in the articles of incorporation.

(b) Officers.—The officers and the election of the officers are as provided in the articles of incorporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1402.

§151506 · Powers

The corporation has only the powers provided in its bylaws and articles of incorporation filed in each State in which it is incorporated.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1402.

§151507 · Restrictions

(a) Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend.

(b) Political Activities.—The corporation or a director or officer as such may not contribute to, support, or participate in any political activity or in any manner attempt to influence legislation.

(c) Distribution of Income or Assets.—The income or assets of the corporation may not inure to the benefit of, or be distributed to, a director, officer, or member during the life of the charter granted by this chapter. This subsection does not prevent the payment of reasonable compensation to an officer or reimbursement for actual necessary expenses in amounts approved by the board of directors.

(d) Loans.—The corporation may not make a loan to a director, officer, or employee.

(e) Claim of Governmental Approval or Authorization.—The corporation may not claim congressional approval or the authority of the United States Government for any of its activities.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1403.

§151508 · Duty to maintain corporate and tax-exempt status

(a) Corporate Status.—The corporation shall maintain its status as a corporation incorporated under the laws of Illinois.

(b) Tax-Exempt Status.—The corporation shall maintain its status as an organization exempt from taxation under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.).

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1403.

§151509 · Records and inspection

(a) Records.—The corporation shall keep—

(1) correct and complete records of account;

(2) minutes of the proceedings of its members, board of directors, and committees having any of the authority of its board of directors; and

(3) at its principal office, a record of the names and addresses of its members entitled to vote.

(b) Inspection.—A member entitled to vote, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1403.

§151510 · Service of process

The corporation shall comply with the law on service of process of each State in which it is incorporated and each State in which it carries on activities.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1403.

§151511 · Liability for acts of officers and agents

The corporation is liable for the acts of its officers and agents acting within the scope of their authority.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1403.

§151512 · Annual report

The corporation shall submit an annual report to Congress on the activities of the corporation during the prior fiscal year. The report shall be submitted at the same time as the report of the audit required by section 10101 of this title. The report may not be printed as a public document.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1403.

Chapter 1517. National Film Preservation Foundation

§151701 · Organization

(a) Federal Charter.—National Film Preservation Foundation (in this chapter, the “corporation”) is a federally chartered corporation.

(b) Nature of Corporation.—The corporation is a charitable and nonprofit corporation and is not an agency or establishment of the United States Government.

(c) Perpetual Existence.—Except as otherwise provided, the corporation has perpetual existence.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1404.

§151702 · Purposes

The purposes of the corporation are to—

(1) encourage, accept, and administer private gifts to promote and ensure the preservation and public accessibility of the nation's film heritage held at the Library of Congress and other public and nonprofit archives throughout the United States;

(2) further the goals of the Library of Congress and the National Film Preservation Board in connection with their activities under the National Film Preservation Act of 1996 (2 U.S.C. 179l–179w); and

(3) conduct activities, alone or in cooperation with other film related institutions and organizations, to further the preservation and public accessibility of films made in the United States, particularly films not protected by private interests, for the benefit of present and future generations of Americans.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1404.

§151703 · Board of directors

(a) General.—The board of directors is the governing body of the corporation.

(b) Members and Appointment.—(1) The Librarian of Congress is an ex officio nonvoting member of the board. The Librarian appoints the directors to the board.

(2)(A) The board consists of nine directors.

(B) Each director must be a United States citizen.

(C) At least six directors must be knowledgeable or experienced in film production, distribution, preservation, or restoration, including two who are sitting members of the National Film Preservation Board. These six directors must, to the extent practicable, represent diverse points of view from the film community, including motion picture producers, creative artists, nonprofit and public archivists, historians, film critics, theater owners, and laboratory and university personnel.

(3) A director is not an employee of the Library of Congress and appointment to the board does not constitute appointment as an officer or employee of the United States Government for the purpose of any law of the United States.

(4) The terms of office of the directors are 4 years. An individual may not serve more than two consecutive terms.

(5) A vacancy on the board shall be filled within 60 days in the manner in which the original appointment was made.

(c) Chair.—The Librarian shall appoint one of the directors as the initial chair of the board for a 2-year term. Thereafter, the chair shall be appointed and removed in accordance with the bylaws of the corporation.

(d) Quorum.—A majority of the current membership of the board is a quorum.

(e) Meetings.—The board shall meet at the call of the Librarian or the chair at least once each year. If a director misses three consecutive regularly scheduled meetings, the director may be removed from the board by the Librarian and that vacancy may be filled as provided in subsection (b) of this section.

(f) Compensation and Reimbursement.—Directors serve without compensation but may be reimbursed for actual and necessary travel and subsistence expenses incurred in performing duties for the corporation.

(g) Liability of Directors.—Directors are not personally liable, except for gross negligence.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1404.

§151704 · Officers and employees

(a) Secretary of the Board.—(1) The Librarian of Congress shall appoint a Secretary of the Board to serve as executive director of the corporation. The Librarian may remove the Secretary.

(2) The Secretary must be knowledgeable and experienced in matters relating to—

(A) film preservation and restoration activities;

(B) financial management; and

(C) fundraising.

(b) Appointment of Officers.—Except as provided in subsection (a) of this section, the board of directors appoints, removes, and replaces officers of the corporation.

(c) Appointment of Employees.—Except as provided in subsection (a) of this section, the Secretary appoints, removes, and replaces employees of the corporation.

(d) Status and Compensation of Employees.—Employees of the corporation (including the Secretary)—

(1) are not employees of the Library of Congress;

(2) shall be appointed and removed without regard to the provisions of title 5 governing appointments in the competitive service; and

(3) may be paid without regard to chapter 51 and subchapter III of chapter 53 of title 5, except that an employee may not be paid more than the annual rate of basic pay for level GS–15 of the General Schedule under section 5107 of title 5.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1405.

§151705 · Powers

(a) General.—The corporation may—

(1) adopt a constitution and bylaws;

(2) adopt a seal which shall be judicially noticed; and

(3) do any other act necessary to carry out this chapter.

(b) Powers as Trustee.—To carry out its purposes, the corporation has the usual powers of a corporation acting as a trustee in the District of Columbia, including the power—

(1) to accept, receive, solicit, hold, administer, and use any gift, devise, or bequest, either absolutely or in trust, of property or any income from or other interest in property;

(2) to acquire property or an interest in property by purchase or exchange;

(3) unless otherwise required by an instrument of transfer, to sell, donate, lease, invest, or otherwise dispose of any property or income from property;

(4) to borrow money and issue instruments of indebtedness;

(5) to make contracts and other arrangements with public agencies and private organizations and persons and to make payments necessary to carry out its functions;

(6) to sue and be sued; and

(7) to do any other act necessary and proper to carry out the purposes of the corporation.

(c) Encumbered or Restricted Gifts.—A gift, devise, or bequest may be accepted by the corporation even though it is encumbered, restricted, or subject to beneficial interests of private persons, if any current or future interest is for the benefit of the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1405.

§151706 · Principal office

The principal office of the corporation shall be in the District of Columbia. However, the corporation may conduct business throughout the States, territories, and possessions of the United States.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1406.

§151707 · Provision and acceptance of support by Librarian of Congress

(a) Provision by Librarian.—(1) The Librarian of Congress may provide personnel, facilities, and other administrative services to the corporation. Administrative services may include reimbursement of expenses under section 151703(f) of this title, at rates not exceeding the applicable per diem rates for the United States Government.

(2) The corporation shall reimburse the Librarian for support provided under paragraph (1) of this subsection. Amounts reimbursed shall be deposited in the Treasury to the credit of the appropriations then current and chargeable for the cost of providing the support.

(b) Acceptance by Librarian.—The Librarian may accept, without regard to chapters 33 and 51 and subchapter III of chapter 53 of title 5 and related regulations, the services of the corporation and its directors, officers, and employees as volunteers in performing functions authorized under this chapter, without compensation from the Library of Congress.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1406.

§151708 · Service of process

shall expire.

Pub. L. 100–281, §16, Apr. 6, 1988, 102 Stat. 75.

§4016 · Exclusive right to names, seals, emblems, and badges

The corporation shall have

a designated agent to receive service of process for the corporation. Notice to or service on the agent, or mailed to the business address of the agent, is notice to or service on the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1406.

§151709 · Civil action by Attorney General for equitable relief

The Attorney General may bring a civil action in

the sole and exclusive right to use the names “The Non Commissioned Officers Association of the United States

District Court for the District of Columbia for appropriate equitable relief if the corporation—

(1) engages or threatens to engage in any act, practice, or policy that is inconsistent with the purposes in section 151702 of this title; or

(2) refuses, fails, or neglects to carry out its obligations under this chapter or threatens to do so.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1407.

§151710 · Immunity of United States Government

The United States Government is not liable for any debts, defaults, acts, or omissions of the corporation. The full faith and credit of the Government does not extend to any obligation of the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1407.

§151711 · Authorization of appropriations

(a) Authorization.—There are authorized to be appropriated to the Library of Congress amounts necessary to carry out this chapter, not to exceed $250,000 for each of the fiscal years ending September 30, 2000–2003. These amounts are to be made available to the corporation to match private contributions (whether in currency, services, or property) made to the corporation by private persons and State and local governments.

(b) Limitation Related to Administrative Expenses.—Amounts authorized under

of America”, “Non Commissioned Officers Association of the United States of America”, “Non Commissioned Officers Association”, and “NCOA”, and such seals, emblems, and badges as the corporation may lawfully adopt. Nothing in this section may

not be used by the corporation for administrative expenses of the corporation, including salaries, travel, transportation, and overhead expenses.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1407.

§151712 · Annual report

As soon as practicable after the end of each fiscal year, the corporation shall submit a report to Congress on the activities of the corporation during the prior fiscal year, including a complete statement of its receipts, expenditures, and investments.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1407.

Chapter 1519. National Fund for Medical Education

§151901 · Organization

(a) Federal Charter.—National Fund for Medical Education (in this chapter, the “corporation”) is a federally chartered corporation.

(b) Place of Incorporation and Domicile.—The corporation is declared to be incorporated and domiciled in the District of Columbia.

(c) Perpetual Existence.—Except as otherwise provided, the corporation has perpetual existence.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1407.

§151902 · Purposes

The purposes of the corporation are to raise from private sources, administer, and disperse funds for medical education, and in carrying out those purposes, to take other appropriate action to promote—

(1) the interpretation of the needs of medical education to the American public;

(2) the encouragement of the growth, development, and advancement of constantly improving standards and methods in the education and training of all medical personnel in the United States; and

(3) the preservation of academic freedom in the institutions of medical education.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1408.

§151903 · Membership

(a) Eligibility.—Except as provided in this chapter, eligibility for membership in the corporation and the rights, privileges, and designation of classes of members are as provided in the constitution and bylaws of the corporation.

(b) Voting.—Each member (except an honorary, sustaining, or associate member) has one vote on each matter submitted to a vote at a meeting of the members.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1408.

§151904 · Governing body

(a) Board of Directors.—(1) The board of directors is the governing body of the corporation. Between meetings of the members of the corporation, the board is responsible for the general policies and program of the corporation and for the control of all funds of the corporation.

(2) The number of directors, their manner of selection (including the filling of vacancies), and their term of office are as provided in the constitution and bylaws of the corporation. However—

(A) the corporation shall have at least 15 but not more than 25 directors; and

(B) at least four of the directors shall be members of the medical profession.

(b) Officers.—(1) The officers of the corporation are a chairman of the board of directors, a president, one or more vice presidents as provided in the constitution and bylaws, a secretary, a treasurer, and one or more assistant secretaries and assistant treasurers as provided in the constitution and bylaws.

(2) The manner of election, term of office, and duties of the officers are as provided in the constitution and bylaws.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1408.

§151905 · Powers

The corporation may—

(1) adopt and amend a constitution and bylaws for the management of its property and the regulation of its affairs;

(2) adopt and alter a corporate seal;

(3) choose officers, managers, employees, and agents as the activities of the corporation require;

(4) make contracts;

(5) acquire, own, lease, encumber, and transfer property as necessary or convenient to carry out the purposes of the corporation;

(6) borrow money, issue instruments of indebtedness, and secure its obligations by granting security interests in its property; and

(7) sue and be sued.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1408.

§151906 · Restrictions

(a) Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend.

(b) Political Activities.—The corporation or a director or officer as such may not contribute to, support, or assist a political party or candidate for public office.

(c) Distribution of Income or Assets.—The income or assets of the corporation may not inure to the benefit of, or be distributed to, a director, officer, or member during the life of the corporation or on its dissolution or final liquidation. This subsection does not prevent the payment of compensation to an officer in an amount approved by the board of directors.

(d) Loans.—The corporation may not make a loan or advance to a director, officer, or employee. Directors who vote for or assent to making a loan or advance to a director, officer, or employee, and officers who participate in making the loan or advance, are jointly and severally liable to the corporation for the amount of the loan or advance until it is repaid.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1409.

§151907 · Principal office

The principal office of the corporation shall be in New York, New York, or another place decided by the board of directors. However, the activities of the corporation are not confined to the place where the principal office is located but may be conducted throughout the States, territories, and possessions of the United States.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1409.

§151908 · Records and inspection

(a) Records.—The corporation shall keep—

(1) correct and complete records of account;

(2) minutes of the proceedings of its members, board of directors, and committees having any of the authority of its board of directors; and

(3) at its principal office, a record of the names and addresses of its members entitled to vote.

(b) Inspection.—A member entitled to vote, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1409.

§151909 · Service of process

The corporation shall have a designated agent in the District of Columbia to receive service of process for the corporation. Notice to or service on the agent, or mailed to the business address of the agent, is notice to or service on the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1409.

§151910 · Liability for acts of officers and agents

The corporation is liable for the acts of its officers and agents acting within the scope of their authority.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1409.

§151911 · Distribution of assets on dissolution or final liquidation

On dissolution or final liquidation of the corporation, any assets remaining after the discharge of all liabilities shall be distributed as provided by the board of directors, but in compliance with the constitution and bylaws of the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1410.

Chapter 1521. National Mining Hall of Fame and Museum

§152101 · Definition

For purposes of this chapter, “State” includes the District of Columbia and the territories and possessions of the United States.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1410.

§152102 · Organization

(a) Federal Charter.—National Mining Hall of Fame and Museum (in this chapter, the “corporation”), incorporated in Colorado, is a federally chartered corporation.

(b) Expiration of Charter.—If the corporation does not be construed to conflict or interfere with established or vested rights.

Pub. L. 100–281, §17, Apr. 6, 1988, 102 Stat. 75.

§4017 · Failure to comply with restrictions or provisions

If the corporation shall fail to

comply with any provision of the restrictions or provisions of this chapter, the charter granted by this chapter

expires.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1410.

§152103 · Purposes

The purposes of the corporation are as shall expire.

Pub. L. 100–281, §18, Apr. 6, 1988, 102 Stat. 76.

Chapter 73. National Mining Hall of Fame and Museum

§4101 · Recognition as corporation and grant of Federal charter

The National Mining Hall of Fame and Museum, organized and incorporated under the laws of Colorado, is hereby recognized as such and is granted a charter.

Pub. L. 100–655, title I, §101, Nov. 14, 1988, 102 Stat. 3849.

§4102 · Powers of corporation

The National Mining Hall of Fame and Museum (hereafter in this chapter referred to as the “corporation”), shall have only those powers granted to it through its bylaws and articles of incorporation filed in the State or States in which it is incorporated and subject to the laws of such State or States.

Pub. L. 100–655, title I, §102, Nov. 14, 1988, 102 Stat. 3849.

§4103 · Objects and purposes of corporation

The objects and purposes of the corporation are those

provided in its articles of incorporation

and include—(1) honoring including—(1) to honor

citizens, mining leaders, miners, prospectors, teachers, scientists, engineers, inventors, governmental leaders, and other individuals, who have helped to make this country Nation great by their outstanding contributions to the establishment, development, advancement, or improvement of mining in the United

States;(2) perpetuating States of America;(2) to perpetuate

the memory of those individuals and recording such individuals and record their contributions and achievements by the erection and maintenance of such buildings, monuments, and edifices considered as may be deemed appropriate as a lasting memorial;

(3) fostering, promoting, and encouraging to foster, promote, and encourage a better understanding of the origins and growth of mining, especially in the United States, and the part mining has played in changing the economic, social, and scientific aspects of our

country;(4) establishing and maintaining Nation;(4) to establish and maintain

a library and museum for collecting and preserving for posterity, the history of those honored by the corporation, together with a documentation of their accomplishments and contributions to mining, including such items as mining pictures, paintings, books, papers, documents, scientific data, relics, mementos, artifacts, and things relating to

those items;(5) cooperating such items;(5) to cooperate

with other mining organizations that which are actively engaged and interested in similar projects; and

(6) engaging in any other activity necessary or proper to accomplish to engage in any and all activities incidental thereto or necessary, suitable, or proper for the accomplishment of any of the purposes set forth in this section.

Pub. L.

105–225, Aug. 12, 1998, 112 Stat. 1410.§152104 100–655, title I, §103, Nov. 14, 1988, 102 Stat. 3850.§4104 · Membership

Eligibility for membership in the corporation and the rights and privileges of members are shall be as provided in the

bylaws.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1411.

§152105 · Governing body

(a) Board of Directors.—The board of directors and the responsibilities of the board are bylaws of the corporation.

Pub. L. 100–655, title I, §104, Nov. 14, 1988, 102 Stat. 3850.

§4105 · Board of directors

The board of directors of the corporation and the responsibilities thereof shall be

as provided in the articles of

incorporation.

(b) Officers.—The officers and the election of officers are as provided in the articles of incorporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1411.

§152106 · Powers

The corporation has only the powers provided in its bylaws and articles of incorporation filed in each State

incorporation of the corporation and in conformity with the laws of the State or States in which it is incorporated.

Pub. L.

105–225, Aug. 12, 1998, 112 Stat. 1411.§152107 100–655, title I, §105, Nov. 14, 1988, 102 Stat. 3850.

§4106 · Officers

The officers of the corporation, and the election of such officers shall be as is provided in the articles of incorporation of the corporation and in conformity with the laws of the State or States wherein it is incorporated.

Pub. L. 100–655, title I, §106, Nov. 14, 1988, 102 Stat. 3850.

§4107 · Restrictions

(a)

Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend.(b) Political Activities.—The corporation or a director or officer as such may

Distribution of income or assets to members

No part of the income or assets of the corporation shall inure to any member, officer, or director of the corporation or be distributed to any such person during the life of this charter. Nothing in this subsection shall be construed to prevent the payment of reasonable compensation to the officers of the corporation or reimbursement for actual necessary expenses in amounts approved by the board of directors.

(b) Loans

The corporation shall not make any loan to any officer, director, or employee of the corporation.

(c) Political activities

The corporation and any officer and director of the corporation, acting as such officer or director, shall not contribute to, support, or otherwise participate in any political activity or in any manner attempt to influence legislation.

(c) Distribution of Income or Assets.—The income or assets of the corporation may not inure to the benefit of, or be distributed to, a director, officer, or member during the life of the charter granted by this chapter. This subsection does not prevent the payment of reasonable compensation to an officer or reimbursement for actual necessary expenses in amounts approved by the board of directors.

(d) Loans.—The corporation may not make a loan to a director, officer, or employee.

(d) Issuance of stock; dividends

The corporation shall have no power to issue any shares of stock nor to declare or pay any dividends.

(e) Claim of Governmental Approval or Authorization.—The corporation may approval or authorizationThe corporation shall not claim congressional approval or the authority of the United States Government Federal Government authority for any of its activities.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1411.

§152108 · Duty to maintain corporate and tax-exempt status

(a) Corporate Status.—The corporation shall

(f) Retention of status under State laws

The corporation shall retain and maintain its status as a corporation organized and incorporated under the laws of

Colorado.(b) Tax-Exempt Status.—The the State of Colorado.

Pub. L. 100–655, title I, §107, Nov. 14, 1988, 102 Stat. 3850.

§4108 · Liability for acts of officers and agents

The corporation shall be liable for the acts of its officers and agents when acting within the scope of their authority.

Pub. L. 100–655, title I, §108, Nov. 14, 1988, 102 Stat. 3851.

§4109 · Service of process

With respect to service of process, the corporation shall comply with the laws of the States in which it is incorporated and those States in which it carries on its activities in furtherance of its corporate purposes.

Pub. L. 100–655, title I, §109, Nov. 14, 1988, 102 Stat. 3851.

§4110 · Books and records; inspection

The corporation shall keep correct and complete books and records of account and shall keep minutes of any proceeding of the corporation involving any of its members, the board of directors, or any committee having authority under the board of directors. The corporation shall keep at its principal office a record of the names and addresses of all members having the right of vote. All books and records of such corporation may be inspected by any member having the right to vote, or by any agent or attorney of such member, for any proper purpose, at any reasonable time. Nothing in this section shall be construed to contravene any applicable State law.

Pub. L. 100–655, title I, §110, Nov. 14, 1988, 102 Stat. 3851.

§4111 · Annual report

The corporation shall report annually to the Congress concerning the activities of the corporation during the preceding fiscal year. Such annual report shall be submitted at the same time as is the report of the audit required by section 1101 of this title. The report shall not be printed as a public document.

Pub. L. 100–655, title I, §112, Nov. 14, 1988, 102 Stat. 3851.

§4112 · Reservation of right to amend or repeal chapter

The right to alter, amend, or repeal this chapter is expressly reserved to the Congress.

Pub. L. 100–655, title I, §113, Nov. 14, 1988, 102 Stat. 3852.

§4113 · “State” defined

For purposes of this chapter, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States.

Pub. L. 100–655, title I, §114, Nov. 14, 1988, 102 Stat. 3852.

§4114 · Tax-exempt status

The

corporation shall maintain its status as an organization exempt from taxation

under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.).

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1411.

§152109 · Records and inspection

(a) Records.—The corporation shall keep—

(1) correct and complete records of account;

(2) as provided in title 26.

Pub. L. 100–655, title I, §115, Nov. 14, 1988, 102 Stat. 3852.

§4115 · Failure to comply with restrictions or provisions

If the corporation fails to comply with any of the restrictions or other provisions of this chapter, the charter granted by this chapter shall expire.

Pub. L. 100–655, title I, §116, Nov. 14, 1988, 102 Stat. 3852.

Chapter 74. American Academy of Arts and Letters

§4201 · Corporation created

William Dean Howells, of Maine; Henry Adams, of the District of Columbia; Theodore Roosevelt, of New York; John Singer Sargent, of Massachusetts; Daniel Chester French, of New York; John Burroughs, of New York; James Ford Rhodes, of Massachusetts; Horatio William Parker, of Connecticut; William Milligan Sloane, of New Jersey; Robert Underwood Johnson, of New York; George Washington Cable, of Massachusetts; Andrew Dickson White, of New York; Henry van Dyke, of New Jersey; William Crary Brownell, of New York; Basil Lanneau Gildersleeve, of Maryland; Woodrow Wilson, of New Jersey; Arthur Twining Hadley, of Connecticut; Henry Cabot Lodge, of Massachusetts; Edwin Howland Blashfield, of New York; William Merritt Chase, of New York; Thomas Hastings, of New York; Hamilton Wright Mabie, of New Jersey; Brander Matthews, of New York; Thomas Nelson Page, of the District of Columbia; Elihu Vedder, of Massachusetts; George Edward Woodberry, of Massachusetts; Kenyon Cox, of New York; George Whitefield Chadwick, of Massachusetts; Abbott Handerson Thayer, of New Hampshire; Henry Mills Alden, of New Jersey; George de Forest Brush, of New Hampshire; William Rutherford Mead, of New York; Bliss Perry, of Massachusetts; Abbott Lawrence Lowell, of Massachusetts; James Whitcomb Riley, of Indiana; Nicholas Murray Butler, of New York; Paul Wayland Bartlett, of New York; Owen Wister, of Pennsylvania; Herbert Adams, of New Hampshire; Augustus Thomas, of New York; Timothy Cole, of New York; Cass Gilbert, of New York; William Roscoe Thayer, of Massachusetts; Robert Grant, of Massachusetts; Frederick Macmonnies, of New York; Julian Alden Weir, of Connecticut; William Gillette, of Connecticut; Paul Elmer More, of New Jersey; George Lockhart Rives, of New York, and their successors, duly chosen, are hereby incorporated, constituted, and declared to be a body corporate of the District of Columbia, by the name of the American Academy of Arts and Letters.

Apr. 17, 1916, ch. 77, §1, 39 Stat. 51.

§4202 · Purposes of corporation

The purposes of this corporation are and shall be the furtherance of the interests of literature and the fine arts.

Apr. 17, 1916, ch. 77, §2, 39 Stat. 51.

§4203 · Membership; powers of corporation

The American Academy of Arts and Letters shall consist of not more than fifty regular members, and the said corporation hereby constituted shall have power to make by-laws and rules and regulations; to fill all vacancies created by death, resignation, or otherwise; to provide for the election of foreign, domestic, or honorary associate members, and the division of such members into classes, and to do all other matters needful or usual in such institutions.

Apr. 17, 1916, ch. 77, §3, 39 Stat. 51.

§4204 · Annual meeting; annual report

The American Academy of Arts and Letters shall hold an annual meeting at such place in the United States as may be designated and shall make an annual report to the Congress, to be filed with the Librarian of Congress.

Apr. 17, 1916, ch. 77, §4, 39 Stat. 51.

§4205 · Acquisition of property by bequest or donation

The American Academy of Arts and Letters be, and the same is hereby, authorized and empowered to receive bequests and donations of real or personal property and to hold the same in trust, and to invest and reinvest the same for the purpose of furthering the interests of literature and the fine arts.

Apr. 17, 1916, ch. 77, §5, 39 Stat. 52.

§4206 · Reservation of right to amend or repeal chapter

The right to alter, amend, or repeal this chapter is hereby expressly reserved.

Apr. 17, 1916, ch. 77, §6, 39 Stat. 52.

Chapter 75. Aviation Hall of Fame

§4301 · Corporation created

The following persons: Stanley C. Allyn, Oakwood, Ohio; J. L. Atwood, El Segundo, California; C. M. Pat Barnes, Oakwood, Ohio; Robert J. Barth, Oakwood, Ohio; Donald H. Battin, Dayton, Ohio; Milton A. Caniff, New City, New York; Robert S. Chubb, Oakwood, Ohio; Albert N. Clarkson, Dayton, Ohio; Frederick C. Crawford, Cleveland, Ohio; Don L. Crawford, Dayton, Ohio; Donald W. Douglas, Senior, Santa Monica, California; Charles S. Draper, Cambridge, Massachusetts; John G. Fitzpatrick, Oakwood, Ohio; John P. Fraim, Junior, Oakwood, Ohio; Courtlandt S. Gross, Burbank, California; James W. Jacobs, Dayton, Ohio; Thomas D. Johnson, Xenia, Ohio; Gregory C. Karas, Oakwood, Ohio; John W. Kercher, Oakwood, Ohio; Eugene W. Kettering, Kettering, Ohio; William G. Kiefaber, Dayton, Ohio; Gerald H. Leland, Centerville, Ohio; John A. Lombard, Dayton, Ohio; G. I. MacIntyre, Kettering, Ohio; Fred F. Marshall, Cedarville, Ohio; Robert W. Martin, New York, New York; James S. McDonnell, Junior, Saint Louis, Missouri; Karl B. Mills, Dayton, Ohio; John B. Montgomery, Murray Hill, New Jersey; John H. Murphy, Kettering, Ohio; Larry E. O'Neil, Kettering, Ohio; Mundy I. Peale, Farmingdale, Long Island, New York; Louis F. Polk, Oakwood, Ohio; Edwin W. Rawlings, Minneapolis, Minnesota; Robert G. Ruegg, Wright-Patterson Air Force Base, Ohio; Alden K. Sibley, Grosse Pointe Shores, Michigan; Igor I. Sikorsky, Stratford, Connecticut; Robert J. Simons, Dayton, Ohio; James H. Straubel, Washington, District of Columbia; Charles V. Truax, Kettering, Ohio; John P. Turner, Junior, Oakwood, Ohio; Gerald E. Weller, Kettering, Ohio; Charles W. Whalen, Junior, Oakwood, Ohio; Bernard L. Whelan, Fairfield, Connecticut; Thomas D. White, Washington, District of Columbia; Gill Rob Wilson, Claremont, California; Louis Wozar, Oakwood, Ohio; and their successors, are hereby created and declared to be a body corporate by the name of the Aviation Hall of Fame (hereinafter referred to as the “corporation”) and by such name shall be known and have perpetual succession and the powers, limitations, and restrictions herein contained.

Pub. L. 88–372, §1, July 14, 1964, 78 Stat. 314.

§4302 · Completion of organization

A majority of the persons named in section 4301 of this title are authorized to complete the organization of the corporation by the selection of officers and employees, the adoption of bylaws, not inconsistent with the chapter, and the doing of such other acts as may be necessary for such purpose.

Pub. L. 88–372, §2, July 14, 1964, 78 Stat. 314.

§4303 · Purposes of corporation

The purposes of the corporation shall be—

(1) To receive and maintain a fund or funds, and to use and apply the whole or any part of the income therefrom, and the principal thereof, exclusively for charitable, scientific, literary, or educational purposes, either directly or by contributions to organizations duly authorized to carry on similar activities, but no part of such income or principal shall be contributed to any organization whose net earnings or any part thereof inure to the benefit of any private shareholder or individual, or any substantial part of the activities of which is carrying on propaganda, or otherwise attempting to influence legislation. The detailed purposes hereinafter set forth shall at all times be subject to and in furtherance of the provisions contained in this paragraph.

(2) To honor citizens, aviation leaders, pilots, teachers, scientists, engineers, inventors, governmental leaders, and other individual 

(3) To perpetuate the memory of such persons and record their contributions and achievements by the erection and maintenance of such buildings, monuments, and edifices as may be deemed appropriate as a lasting memorial.

(4) To foster, promote, and encourage a better sense of appreciation of the origins and growth of aviation, especially in the United States of America, and the part aviation has played in changing the economic, social, and scientific aspects of our Nation.

(5) To establish and maintain a library and museum for collecting and preserving for posterity, the history of those honored by the organization, together with a documentation of their accomplishments and contributions to aviation, including, but not limited to, such items as aviation pictures, paintings, books, papers, documents, scientific data, relics, mementos, artifacts, and things relating thereto.

(6) To cooperate with other recognized aviation organizations which are actively engaged and interested in similar projects.

(7) To engage in any and all activities incidental thereto or necessary, suitable, or proper for the accomplishment of any of the aforementioned purposes.

Pub. L. 88–372, §3, July 14, 1964, 78 Stat. 314.

§4304 · Powers of corporation

The corporation shall have the power—

(1) to have succession by its corporate name;

(2) to sue and be sued, complain and defend in any court of competent jurisdiction;

(3) to adopt, use, and alter a corporate seal;

(4) to choose such officers, trustees, managers, agents, and employees as the business of the corporation may require;

(5) to adopt, amend, and alter bylaws, not inconsistent with the laws of the United States or any State in which the corporation is to operate, for the management of its property and the regulation of its affairs;

(6) to contract and be contracted with;

(7) to take by lease, gift, purchase, grant, devise, or bequest from any private corporation, association, partnership, firm, or individual and to hold any property, real, personal, or mixed, necessary or convenient for attaining the objects and carrying into effect the purposes of the corporation, subject, however, to applicable provisions of law of any State (A) governing the amount or kind of property which may be held by, or (B) otherwise limiting or controlling the ownership of property by, a corporation operating in such State;

(8) to transfer, convey, lease, sublease, encumber, and otherwise alienate real, personal, or mixed property; and

(9) to borrow money for the purposes of the corporation, issue bonds therefor, and secure the same by mortgage, deed of trust, pledge, or otherwise, subject in every case to all applicable provisions of Federal and State laws.

Pub. L. 88–372, §4, July 14, 1964, 78 Stat. 315.

§4305 · Principal office; territorial scope of activities; agent for service of process

(a) The principal office of the corporation shall be located in Dayton, Ohio, or in such other place as may be later determined by the board of trustees, but the activities of the corporation shall not be confined to that place, but may be conducted throughout the various States, the Commonwealth of Puerto Rico, and the territories and possessions of the United States.

(b) The corporation shall have in the District of Columbia at all times a designated agent authorized to accept service of process for the corporation; and notice to or service upon such agent shall be deemed notice to or service upon the corporation.

Pub. L. 88–372, §5, July 14, 1964, 78 Stat. 316.

§4306 · Membership; voting rights

(a) Eligibility for membership in the corporation and the rights, privileges, and designation of classes of members shall, except as provided in this chapter, be determined as the bylaws of the corporation may provide.

(b) Each member of the corporation given voting rights by the bylaws shall have the right to one vote on each matter submitted to a vote at all meetings of the voting members of the corporation, which vote may be cast in such manner as the bylaws may prescribe.

Pub. L. 88–372, §6, July 14, 1964, 78 Stat. 316.

§4307 · Board of trustees

(a) Composition of initial board

Upon enactment of this chapter the membership of the initial board of trustees of the corporation shall be elected from those persons named in section 4301 of this title, their survivors and such additional persons, if any, as shall be named by them.

(b) Composition of subsequent boards; tenure

Thereafter, the board of trustees of the corporation shall consist of such number (not less than eighteen), shall be selected in such manner (including the filling of vacancies), and shall serve for such term as may be provided in the bylaws of the corporation.

(c) Governing period; duties

The board of trustees shall be the governing body of the corporation, and, during intervals between the meetings of members, shall be responsible for the general policies and program of the corporation and for the control of all funds of the corporation. The board of trustees shall appoint a board of nominations from the membership of the corporation; may appoint committees which shall have and exercise such powers as may be prescribed in the bylaws or by resolution of the board of trustees, and which may be all of the powers of the board of trustees.

Pub. L. 88–372, §7, July 14, 1964, 78 Stat. 316.

§4308 · Officers

(a) The officers of the corporation shall be a president, one or more vice presidents (as may be prescribed in the bylaws of the corporation), a secretary, a treasurer, and such other officers as may be provided in the bylaws.

(b) The officers of the corporation shall be elected in such manner and for such terms and with such duties as may be prescribed in the bylaws of the corporation.

Pub. L. 88–372, §8, July 14, 1964, 78 Stat. 316.

§4309 · Board of nominations; composition; duties

(a) The board of trustees shall appoint a board of nominations from those persons named in section 4301 of this title, their survivors and such additional persons, if any, as shall be named by them, not concurrently serving as a member of the board of trustees, and consisting of such number (not less than twenty-four); and shall serve for such term as provided in the bylaws of the corporation.

(b) The board of nominations shall be the designated body of the corporation to nominate United States citizens or residents to be honored by the corporation and recommend such persons to the board of trustees for consideration as prescribed in the bylaws of the corporation.

Pub. L. 88–372, §9, July 14, 1964, 78 Stat. 316.

§4310 · Distribution of income or assets to members; loans

(a) No part of the income or assets of the corporation shall inure to any of its members, trustees, members of the board of nominations, or officers as such, or be distributable to any of them during the life of the corporation or upon its dissolution or final liquidation. Nothing in this subsection, however, shall be construed to prevent the payment of reasonable compensation to officers and employees of the corporation in amounts approved by the board of trustees of the corporation.

(b) The corporation shall not make loans to its members, trustees, members of the board of nominations, officers, or employees. Any trustee who votes for or assents to making of a loan or advance to a member, member of the board of nominations, officer, trustee, or employee of the corporation, and any officer who participates in the making of such a loan or advance, shall be jointly and severally liable to the corporation for the amount of such loan until the repayment thereof.

Pub. L. 88–372, §10, July 14, 1964, 78 Stat. 317.

§4311 · Nonpolitical nature of corporation

The corporation and its members, members of the board of nominations, trustees, officers, and employees as such shall not contribute to or otherwise support or assist any political party or candidate for public office.

Pub. L. 88–372, §11, July 14, 1964, 78 Stat. 317.

§4312 · Liability for acts of officers and agents

The corporation shall be liable for the acts of its officers and agents when acting within the scope of their authority.

Pub. L. 88–372, §12, July 14, 1964, 78 Stat. 317.

§4313 · Prohibition against issuance of stock or payment of dividends

The corporation shall have no power to issue any shares of stock or to declare or pay any dividends.

Pub. L. 88–372, §13, July 14, 1964, 78 Stat. 317.

§4314 · Books and records; inspection

The corporation shall keep correct and complete books and records of account and shall keep

minutes of the proceedings of its members, board of directors, trustees, board of nominations, and committees having any of the authority of

its board of directors; and(3)

the board of trustees; and shall also keep at its principal office, office a record of the names and addresses of its members entitled to vote.

(b) Inspection.—A All books and records of the corporation may be inspected by any member entitled to vote, or an agent or attorney of the member, may inspect the records of the corporation his agent or attorney, for any proper purpose, at any reasonable time.

Pub. L.

105–225, Aug. 12, 1998, 112 Stat. 1411.

§152110 · Service of process

The corporation shall comply with the law on service of process of each State in which it is incorporated and each State in which it carries on activities.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1412.

§152111 · Liability for acts of officers and agents

The corporation is liable for the acts of its officers and agents acting within the scope of their authority.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1412.

§152112 · Annual report

The corporation shall submit an annual report to Congress on the activities of the corporation during the prior fiscal year. 88–372, §14, July 14, 1964, 78 Stat. 317.

§4315 · Audit of financial transactions

(a) The accounts of the corporation shall be audited annually in accordance with generally accepted auditing standards by independent certified public accountants or independent licensed public accountants, certified or licensed by a regulatory authority of a State or other political subdivision of the United States. The audit shall be conducted at the place where the accounts of the corporation are normally kept. All books, accounts, financial records, reports, files, and all other papers, things, or property belonging to or in use by the corporation and necessary to facilitate the audit shall be made available to the person or persons conducting the audit; and full facilities for verifying transactions with the balances or securities held by depositories, fiscal agents, and custodians, shall be afforded to such person or persons.

(b) A report of such audit shall be made by the corporation to the Congress not later than six months following the close of the fiscal year for which the audit is made.

The report shall be submitted at the same time as the report set forth the scope of the audit required by section 10101 of this title. The report may and include such statements, together with the independent auditor's opinion of those statements, as are necessary to present fairly the corporation's assets and liabilities, surplus or deficit with an analysis of the changes therein during the year, supplemented in reasonable detail by a statement of the corporation's income and expenses during the year including (1) the results of any trading, manufacturing, publishing, or other commercial-type endeavor carried on by the corporation, and (2) a schedule of all contracts requiring payments in excess of $10,000 and any payments of compensation, salaries, or fees at a rate in excess of $10,000 per annum. The report shall not be printed as a public document.

Pub. L.

105–225, Aug. 12, 1998, 112 Stat. 1412.

Chapter 1523. National Music Council

§152301 · Organization

(a) Federal Charter.—National Music Council (in this chapter, the “corporation”) is a federally chartered corporation.

(b) Perpetual Existence.—Except as otherwise provided, the corporation has perpetual existence.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1412.

§152302 · Purposes

The purposes of the corporation are—

(1) to provide the member organizations with a forum for the free discussion of problems affecting national musical life in this country;

(2) to speak with one voice for music whenever an authoritative expression of opinion is desirable;

(3) to provide for the interchange of information between the various member organizations;

(4) to encourage the coordination of efforts of the member organizations, thereby avoiding duplication or conflict;

(5) to organize exploratory surveys or fact-finding commissions whenever the corporation considers them necessary for the solution of important problems; and

(6) to encourage the development and appreciation of the art of music and to foster the highest ethical standards in the musical professions and industries.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1412.

§152303 · Membership

(a) Eligibility.—Except as provided in this chapter, eligibility for membership in the corporation and the rights and privileges of members are as provided in the constitution and bylaws of the corporation.

(b) Voting.—Each member has one vote in the conduct of official business of the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1413.

§152304 · Governing body

(a) General.—(1) The board of directors is the governing body of the corporation. The board may be known as an Executive Committee.

(2) The board shall consist of at least 10 individuals who shall be representative of members of the corporation or other individuals selected by the members 88–372, §15, July 14, 1964, 78 Stat. 317.

§4316 · Use of assets on dissolution or liquidation

Upon dissolution or final liquidation of the corporation, after discharge or satisfaction of all outstanding obligations and liabilities, the remaining assets, if any, of the corporation shall be distributed in accordance with the determination of the board of trustees of the corporation and in compliance with the charter and bylaws of the corporation and all Federal and State laws applicable thereto. Such distribution shall be consistent with the purposes

of the corporation. The directors

Pub. L. 88–372, §16, July 14, 1964, 78 Stat. 318.

§4317 · Acquisition of assets and liabilities of existing corporation

The corporation may acquire the assets of the National Aviation Hall of Fame, a general, not-for-profit corporation organized under the laws of the State of Ohio, upon discharging or satisfactorily providing for the payment and discharge of all of the liabilities of such corporation.

Pub. L. 88–372, §17, July 14, 1964, 78 Stat. 318.

§4318 · Reservation of right to amend or repeal chapter

The right to alter, amend, or repeal this chapter is expressly reserved.

Pub. L. 88–372, §18, July 14, 1964, 78 Stat. 318.

Chapter 76. Frederick Douglass Memorial and Historical Association

§4401 · Corporation created; objects and purposes

Helen Douglass, William H. H. Hart, Francis J. Grimke, May Wright Sewall, Edward A. Clarke, their associates and successors, be, and they are hereby declared to be, a body politic and corporate, in the District of Columbia, with perpetual succession, by and under the name, style, and title of the Frederick Douglass Memorial and Historical Association, for the following objects and purposes, to wit:

First. To preserve to posterity the memory of the life and character of the late Frederick Douglass.

Second. To collect, collate, and preserve a historical record of the inception, progress, and culmination of the antislavery movement in the United States, and to assemble in the homestead of the late Frederick Douglass, commonly called Cedar Hill, in the village of Anacostia, in the District of Columbia, all such suitable exhibits of records or things illustrative or commemorative of the antislavery movement and history as may be donated to said association or acquired by purchase 

June 6, 1900, ch. 806, §1, 31 Stat. 662.

§4402 · Powers of corporation

The said association, by and under the name and title aforesaid, and their successors, shall be competent at law and in equity to take to themselves and their successors, for the use and behoof of said association, any estate whatsoever, in any messuage, lands, tenements, hereditaments, goods, chattels, moneys, and other effects, by gift, devise, grant, donation, bargain sale, conveyance, assurance, or will; and the same to grant, bargain, sell, transfer, assign, convey, assure, demise, declare to use, and farm let, and to place out on interest, for the use of said association, in such manner as to them, or a majority of them, shall be deemed most beneficial to said association; and to receive the same, their rents, issues, and profits, income, and interest, and to apply the same for the proper use and benefit of said association for the objects and purposes hereinbefore mentioned; and by the same name to sue and be sued, to implead and be impleaded in any court of law or equity in all manner of suits, actions, and proceedings whatsoever, and generally by and in the same name to do and transact all and every the business touching or concerning the premises; and that after the said association shall have acquired title in fee simple to a whole or a part of certain property situate and being in the village of Anacostia, District of Columbia, commonly called Cedar Hill, and occupied by the late Frederick Douglass as his homestead, the said association may manage, repair, improve, and adorn the same in such manner as the said incorporators or their successors, or a majority of them, may deem meet and proper, in pursuance of and in accordance with the objects and purposes for which this said association is incorporated.

June 6, 1900, ch. 806, §2, 31 Stat. 662.

§4403 · Completion of organization

The first meeting of said incorporators shall be held at said Cedar Hill, Anacostia, District of Columbia, at such time as a majority of the persons herein above named shall determine upon, after ten days’ notice thereof shall be given to each of said incorporators, at which said first meeting, or at such other time thereafter as the said incorporators may fix for that purpose, they may enact such by-laws as they may see fit, not inconsistent with the laws of the United States, regulating the government of the said association.

June 6, 1900, ch. 806, §3, 31 Stat. 663.

§4404 · Board of trustees

The government of said association shall be vested in a board of trustees of not less than 9 members nor more than 19 members, who shall be elected by the

members of the corporation annually or at another regular interval as provided in the bylaws of the corporation.

(b) Officers.—The officers of the corporation are a chairman of the board, a president, one or more vice presidents, a secretary, a treasurer, and assistant officers the board designates. The officers shall perform the duties and have the powers provided in the bylaws and by the board.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1413.

§152305 · Powers

The corporation may—

(1) adopt and amend a constitution and bylaws for the management of its property and the regulation of its affairs;

(2) adopt and alter a corporate seal;

(3) choose officers, managers, employees, and agents as the activities of the corporation require;

(4) make contracts;

(5) publish a bulletin, magazine, and other publications;

(6) acquire, own, lease, encumber, and transfer property as necessary to carry out the purposes of the corporation;

(7) borrow money, issue instruments of indebtedness, and secure its obligations by granting security interests in its property;

(8) use corporate funds to give prizes, awards, loans, scholarships, and grants to deserving composers, conductors, and others for the purposes stated in section 152302 corporators at their first meeting or at such time thereafter as the said corporators may at the said first meeting appoint for that purpose. In case of a vacancy or vacancies occurring in said board of trustees by death, resignation, or otherwise, the same shall be filled by the remaining members thereof. Said board of trustees shall have perpetual succession, and in them and their successors shall be vested the power hereinbefore granted to this association. They shall adopt a common seal, which they may alter at pleasure, under and by which all deeds and acts of the association shall be passed and authenticated. They shall elect such officers as they may deem necessary, including a treasurer, for such terms and at such compensation as they may prescribe, in accordance with the by-laws which may be established for the government of said association. The said treasurer shall give such bond as may be fixed by the by-laws, and all of the officers of the association, together with such agents and employees as it may be deemed necessary to employ, shall be subject to removal for such causes and under such conditions and regulations as may be prescribed by the by-laws.

June 6, 1900, ch. 806, §4, 31 Stat. 663; Nov. 9, 1988, Pub. L. 100–642, §1(a), 102 Stat. 3337.

§4405 · Misnomer not to affect grant, donation, gift, devise, or bequest

No misnomer of the said corporation shall defeat or annul any grant, donation, gift, devise, or bequest to or from said corporation.

June 6, 1900, ch. 806, §5, 31 Stat. 663.

§4406 · Monument

The said corporation may cause to be erected at such suitable site upon the homestead aforesaid, after acquisition of title to same as aforesaid, as may be selected by the board of trustees, a monument to the memory of the late Frederick Douglass, of such character and at such cost as in their judgment may seem fit, in accordance with the means of said association and compatible with the objects and purposes thereof.

June 6, 1900, ch. 806, §6, 31 Stat. 663.

§4407 · Exemption from certain taxes

When the said corporation shall have acquired title in fee simple to the whole or a part, as the case may be, of the said property known as Cedar Hill, in the village of Anacostia, in the District of Columbia, and formerly occupied as the homestead of the late Frederick Douglass, said land and premises shall be, and hereby are, declared to be exempt from all taxes and assessments for taxation so long as the same shall be used for the purposes of this incorporation.

June 6, 1900, ch. 806, §7, 31 Stat. 663.

§4408 · Reservation of right to amend or repeal chapter

Congress reserves the right to amend or repeal this chapter.

June 6, 1900, ch. 806, §8, 31 Stat. 663.

Chapter 77. National Council on Radiation Protection and Measurements

§4501 · Corporation created

C. M. Barnes, Rockville, Maryland;

E. C. Barnes, Edgewood, Pennsylvania;

V. P. Bond, Setauket, Long Island, New York;

C. B. Braestrup, New York, New York;

J. T. Brennan, Bethesda, Maryland;

L. T. Brown, Bethesda, Maryland;

R. F. Brown, San Francisco, California;

F. R. Bruce, Oak Ridge, Tennessee;

J. C. Bugher, Rio Piedras, Puerto Rico;

D. R. Chadwick, Upper Marlboro, Maryland;

R. H. Chamberlain, Philadelphia, Pennsylvania;

J. F. Crow, Madison, Wisconsin;

R. L. Doan, Idaho Falls, Idaho;

C. L. Dunham, Washington, District of Columbia;

T. C. Evans, Iowa City, Iowa;

E. G. Fuller, Bethesda, Maryland;

R. O. Gorson, Philadelphia, Pennsylvania;

J. W. Healy, Chappaqua, New York;

P. C. Hodges, Chicago, Illinois;

A. R. Keene, Richland, Washington;

M. Kleinfeld, Brooklyn, New York;

H. W. Koch, Silver Spring, Maryland;

D. I. Livermore, Washington, District of Columbia;

G. V. LeRoy, Chicago, Illinois;

W. B. Mann, Chevy Chase, Maryland;

W. A. McAdams, Schenectady, New York;

G. W. Morgan, Kensington, Maryland;

K. Z. Morgan, Oak Ridge, Tennessee;

H. J. Muller, Bloomington, Indiana;

R. J. Nelsen, Rockville, Maryland;

R. R. Newell, San Francisco, California;

W. D. Norwood, Richland, Washington;

H. M. Parker, Richland, Washington;

C. Powell, Bethesda, Maryland;

E. H. Quimby, New York, New York;

J. C. Reeves, Gainesville, Florida;

R. Robbins, Philadelphia, Pennsylvania;

H. H. Rossi, Nyack, New York;

E. L. Saenger, Cincinnati, Ohio;

T. L. Shipman, Los Alamos, New Mexico;

P. J. Shore, Patchogue, New York;

J. H. Sterner, Rochester, New York;

R. S. Stone, San Francisco, California;

L. S. Taylor, Bethesda, Maryland;

E. D. Trout, Corvallis, Oregon;

B. F. Trum, Boston, Massachusetts;

Shields Warren, Boston, Massachusetts;

E. G. Williams, Jacksonville, Florida;

H. O. Wyckoff, Silver Spring, Maryland;

and their successors, are hereby created and declared to be a body corporate, by name of the National Council on Radiation Protection and Measurements (hereinafter called the corporation), and by such name shall be known, and have perpetual succession and the powers, limitations, and restrictions contained in this chapter.

Pub. L. 88–376, §1, July 14, 1964, 78 Stat. 320.

§4502 · Completion of organization

The persons named in section 4501

of this title

and for other purposes the board of directors considers proper;

(9) sue and be sued; and

(10) do any other act are authorized to complete the organization of the corporation by the selection of officers and employees, the adoption of bylaws, not inconsistent with this chapter, and the doing of such other acts as may be necessary for such purpose.

Pub. L. 88–376, §2, July 14, 1964, 78 Stat. 321.

§4503 · Objects and purposes of corporation

The objects and purposes of the corporation shall be—

(1) to collect, analyze, develop, and disseminate in the public interest information and recommendations about (a) protection against radiation (referred to herein as “radiation protection”), and (b) radiation measurements, quantities, and units, particularly those concerned with radiation protection;

(2) to provide a means by which organizations concerned with the scientific and related aspects of radiation protection and of radiation quantities, units, and measurements may cooperate for effective utilization of their combined resources, and to stimulate the work of such organizations;

(3) to develop basic concepts about radiation quantities, units, and measurements, about the application of these concepts, and about radiation protection;

(4) to cooperate with the International Commission on Radiological Protection, the Federal Radiation Council, the International Commission on Radiological Units and Measurements, and other national and international organizations, governmental and private, concerned with radiation quantities, units, and measurements and with radiation protection.

Pub. L. 88–376, §3, July 14, 1964, 78 Stat. 321.

§4504 · Powers of corporation

The corporation shall have power—

(1) To sue and be sued, complain and defend in any court of competent jurisdiction.

(2) To adopt, alter, and use a corporate seal.

(3) To choose such officers, directors, trustees, managers, agents, and employees as the business of the corporation may require.

(4) To adopt, amend, and alter bylaws not inconsistent with the laws of the United States of America or of any State in which the corporation is to operate, for the management of its property and the regulation of its affairs.

(5) To make contracts.

(6) To take and hold by lease, gift, purchase, grant, devise, or bequest, or by any other method, any property, real or personal, necessary or proper for attaining the objects and carrying into effect the purposes of the corporation, subject, however, to applicable provisions of law of any State or the District of Columbia (a) governing the amount or kind of such property which may be held by, or (b) otherwise limiting or controlling the ownership of any such property by a corporation operating in such State or the District of Columbia.

(7) To transfer and convey real or personal property, and to mortgage, pledge, encumber, lease, and sublease the same.

(8) To borrow money for its corporate purposes and issue bonds or other evidences of indebtedness therefor, and to secure the same by mortgage, pledge, or lien, subject in every case to all applicable provisions of Federal or State law, or of the laws of the District of Columbia.

(9) To do any and all such acts and things

necessary and proper to carry out the purposes of the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1413.

§152306 · Exclusive right to name, seals, emblems, and badges

The corporation has the exclusive right to use the name “National Music Council” and seals, emblems, and badges the corporation adopts.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1413.

§152307 · Restrictions

(a) Profit.—The corporation may not engage in business for profit.

(b) Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend.

(c) Political Activities.—The corporation or a director, officer, or member as such may not contribute to, support, or assist a political party or candidate for elective public office.

(d) Distribution of Income or Assets.—The income or assets of the corporation may not inure to the benefit of, or be distributed to, a director, officer, or member except on dissolution or final liquidation of the corporation.

(e) Loans.—The corporation may not make a loan to a director, officer, or employee. Directors who vote for or assent to making a loan to a director, officer, or employee, and officers who participate in making the loan, are jointly and severally liable to the corporation for the amount of the loan until it is repaid.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1413.

§152308 · Principal office

88–376, §4, July 14, 1964, 78 Stat. 321.

§4505 · Principal office; territorial scope of activities; service of process; authorized agent in District of Columbia

(a) The principal office of the corporation shall be at the place located in the District of Columbia, or in such other place as may later be determined by the board of directors decides. However, directors, but the activities of the corporation shall not be confined to that place and may be conducted throughout the States, territories, and various States, the Commonwealth of Puerto Rico, and the possessions of the United

States.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1414.

§152309 · Records and inspection

(a) Records.—The corporation shall keep—

(1) States, and in other areas throughout the world.

(b) The corporation shall maintain at all times in the District of Columbia a designated agent authorized to accept service of process for the corporation, and notice to or service upon such agent, or mailed to the business address of such agent, shall be deemed notice to or service upon the corporation.

Pub. L. 88–376, §5, July 14, 1964, 78 Stat. 322.

§4506 · Membership; voting rights

(a) Eligibility for membership in the corporation and the rights and privileges of members shall, except as provided in this chapter, be determined as the bylaws of the corporation may provide.

(b) Each member of the corporation, other than honorary and associate members, shall have the right to one vote on each matter submitted to a vote at all meetings of the members of the corporation.

Pub. L. 88–376, §6, July 14, 1964, 78 Stat. 322.

§4507 · Board of directors

(a) Composition of initial board

Upon enactment of this chapter the membership of the initial board of directors of the corporation shall be those persons whose names are listed in section 4501 of this title.

(b) Composition of subsequent boards; tenure

Thereafter, the board of directors of the corporation shall be selected in such manner and shall serve for such term as may be prescribed in the bylaws of the corporation.

(c) Governing period; duties

The board of directors shall be the governing board of the corporation and shall, during the intervals between corporation meetings, be responsible for the general policies and program of the corporation. The board shall be responsible for the control of all funds of the corporation.

Pub. L. 88–376, §7, July 14, 1964, 78 Stat. 322.

§4508 · Officers

(a) The officers of the corporation shall be a president, one or more vice presidents, a secretary, a treasurer, and such other officers as may be prescribed in the bylaws. The duties of the officers shall be as prescribed in the bylaws of the corporation.

(b) Officers shall be elected annually at the annual meeting of the corporation.

Pub. L. 88–376, §8, July 14, 1964, 78 Stat. 322.

§4509 · Distribution of income or assets to members; loans

(a) No part of the income or assets of the corporation shall inure to any member, officer, or director, or be distributable to any such person during the life of the corporation or upon dissolution or final liquidation. Nothing in this subsection, however, shall be construed to prevent the payment of reasonable compensation to officers of the corporation in amounts approved by the board of directors of the corporation.

(b) The corporation shall not make loans to its officers, directors, or employees. Any director who votes for or assents to the making of a loan to an officer, director, or employee of the corporation, and any officer who participates in the making of such loan, shall be jointly and severally liable to the corporation for the amount of such loan until the repayment thereof.

Pub. L. 88–376, §9, July 14, 1964, 78 Stat. 322.

§4510 · Nonpolitical nature of corporation

The corporation, and its officers, directors, and duly appointed agents as such, shall not contribute to or otherwise support or assist any political party or candidate for office.

Pub. L. 88–376, §10, July 14, 1964, 78 Stat. 323.

§4511 · Liability for acts of officers and agents

The corporation shall be liable for the acts of its officers and agents when acting within the scope of their authority.

Pub. L. 88–376, §11, July 14, 1964, 78 Stat. 323.

§4512 · Prohibition against issuance of stock or payment of dividends

The corporation shall have no power to issue any shares of stock nor to declare nor pay any dividends.

Pub. L. 88–376, §12, July 14, 1964, 78 Stat. 323.

§4513 · Books and records; inspection

The corporation shall keep

correct and complete

records of account;(2)

books and records of account and shall keep minutes of the proceedings of its members, board of directors, and committees having

any of the authority of its board of directors; and(3)

authority under the board of directors, and it shall also keep at its principal office, office a record of the names and addresses of its members entitled to vote.

(b) Inspection.—A All books and records of the corporation may be inspected by any member entitled to vote, or an agent or attorney of the member, may inspect the records of the corporation his agent or attorney, for any proper purpose, at any reasonable time.

Pub. L.

105–225, Aug. 12, 1998, 112 Stat. 1414.

§152310 · Service of process

(a) District of Columbia.—The corporation shall have a designated agent in the District of Columbia to receive service of process for the corporation. Designation of the agent shall be filed in the office of the clerk of the United States District Court for the District of Columbia. Notice to or service on the agent, or mailed to the business address of the agent, is notice to or service on the corporation.

(b) States, Territories, and Possessions.—As a condition to the exercise of any power or privilege granted by this chapter, the corporation shall file, with the secretary of state or other designated official of each State, territory, or possession 88–376, §13, July 14, 1964, 78 Stat. 323.

§4514 · Audit of financial transactions

(a) The accounts of the corporation shall be audited annually in accordance with generally accepted auditing standards by independent certified public accountants or independent licensed public accountants, certified or licensed by a regulatory authority of a State or other political subdivision

of the United

States in which the corporation does business, the name and address of an agent in that State, territory, or possession on whom legal process or demands against the corporation may be served.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1414.

§152311 · Liability for acts of officers and agents

The corporation is liable for the acts of its officers and agents acting within States. The audit shall be conducted at the place or places where the accounts of the corporation are normally kept. All books, accounts, financial records, reports, files, and all other papers, things, or property belonging to or in use by the corporation and necessary to facilitate the audit shall be made available to the person or persons conducting the audit; and full facilities for verifying transactions with the balances or securities held by depositories, fiscal agents, and custodians shall be afforded to such person or persons.(b) A report of such audit shall be made by the corporation to the Congress not later than six months following the close of the fiscal year for which the audit is made. The report shall set forth

the scope of

their authority.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1414.

§152312 · Distribution the audit and include such statements, together with the independent auditor's opinion of those statements, as are necessary to present fairly the corporation's assets and liabilities, surplus, or deficit, with an analysis of the changes therein during the year, supplemented in reasonable detail by a statement of the corporation's income and expenses during the year including (1) the results of any trading, manufacturing, publishing, or other commercial-type endeavor carried on by the corporation, and (2) a schedule of all contracts requiring payments in excess of $10,000 and any payments of compensation, salaries, or fees at a rate in excess of $10,000 per annum. The report shall not be printed as a public document.

Pub. L. 88–376, §14, July 14, 1964, 78 Stat. 323.

§4515 · Use of assets on dissolution or

final liquidationOn dissolution or final liquidationUpon final dissolution or liquidation of the corporation, any assets remaining after the discharge of all liabilities shall be used by the board of directors for the purposes stated in section 152302 and after discharge or satisfaction of all outstanding obligations and liabilities, the remaining assets of the corporation may be distributed in accordance with the determination of the board of directors of the corporation and in compliance with the bylaws of the corporation and all Federal and State laws applicable thereto. Such distribution shall be consistent with the purposes of the corporation.

Pub. L. 88–376, §15, July 14, 1964, 78 Stat. 324.

§4516 · Acquisition of assets and liabilities of existing association

The corporation may and shall acquire all of the assets of the existing unincorporated organization known as the National Committee on Radiation Protection and Measurements, subject to any liabilities and obligations of the said organization.

Pub. L. 88–376, §16, July 14, 1964, 78 Stat. 324.

§4517 · Reservation of right to amend or repeal chapter

The right to alter, amend, or repeal this chapter is hereby expressly reserved.

Pub. L. 88–376, §17, July 14, 1964, 78 Stat. 324.

Chapter 78. National Tropical Botanical Garden

§4601 · Corporation created

The following persons: Henry Francis duPont, Winterthur, Delaware; Deane Waldo Malott, Ithaca, New York; Horace Marden Albright, Los Angeles, California; Robert Allerton, Kauai, Hawaii; and Paul Bigelow Sears, New Haven, Connecticut; and their successors, are hereby created and declared to be a body corporate by the name of National Tropical Botanical Garden (hereinafter referred to as the “corporation”) and by such name shall be known and have perpetual succession and the powers, limitations, and restriction herein contained.

Pub. L. 88–449, §1, Aug. 19, 1964, 78 Stat. 496; Pub. L. 100–539, §1, Oct. 28, 1988, 102 Stat. 2718.

§4602 · Completion of organization

The persons named in section 4601 of this title

or be transferred to a recognized educational foundation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1414.

Chapter 1525. National Safety Council

§152501 · Organization

(a) Federal Charter.—National Safety Council (in this chapter, the “corporation”) is a federally chartered corporation.

(b) Perpetual Existence.—Except as otherwise provided, the corporation has perpetual existence.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1415.

§152502 · Purposes

The purposes of the corporation are—

(1) to further, encourage, and promote methods and procedures leading to increased safety, protection, and health among employees, employers, and children in industries, on farms, in schools and colleges, in homes, on streets and highways, in recreation, and in other public and private places;

(2) to collect, correlate, publish, and disseminate educational and informative reports and all other data related to safety methods and procedures;

(3) to arouse and maintain the interest shall be the incorporators of the corporation and members of the initial board of trustees and are authorized to complete the organization of the corporation by the selection of other trustees and officers, the adoption of bylaws, not inconsistent with this chapter, and the doing of such other acts necessary to carry into effect the provisions of this chapter.

Pub. L. 88–449, §2, Aug. 19, 1964, 78 Stat. 496.

§4603 · Objects and purposes of corporation

The objects and purposes of the corporation shall be—

(a) to establish, develop, operate, and maintain for the benefit

of the people of the United States

and its territories and possessions in safety and accident prevention, and to encourage the adoption and institution of safety methods by all individuals, corporations, and other organizations;

(4) to organize, establish, and conduct programs, lectures, conferences, and other activities for the education of all individuals, corporations, and other organizations in safety methods and procedures;

(5) to organize and aid in organizing local safety chapters throughout an educational and scientific center in the form of a tropical botanical garden or gardens, together with such facilities as libraries, herbaria, laboratories, and museums which are appropriate and necessary for encouraging and conducting research in basic and applied tropical botany;

(b) to foster and encourage fundamental research with respect to tropical plant life and to encourage research and study of the uses of tropical flora in agriculture, forestry, horticulture, medicine, and other sciences;

(c) to disseminate through publications and other media the knowledge acquired at the gardens relative to basic and applied tropical botany;

(d) to collect and cultivate tropical flora of every nature and origin and to preserve for the people of

the United States

and its territories and possessions, and to provide organizational guidance and materials to promote the national safety;

(6) to cooperate with, enlist, and develop the cooperation of and among all individuals, corporations, and other organizations and agencies, public and private, engaged in, interested in, or in any manner connected with, any of these purposes; and

(7) species of tropical plant life threatened with extinction; 

(e) to provide a beneficial facility which will contribute to the education, instruction, and recreation of the people of the United States.

Pub. L. 88–449, §3, Aug. 19, 1964, 78 Stat. 496.

§4604 · Powers of corporation

The corporation shall have the following powers:

(a) to sue and be sued, and to complain and defend in any court of competent jurisdiction;

(b) to adopt, use, and alter a corporate seal;

(c) to choose such trustees, officers, managers, agents, and employees as the activities of the corporation may require;

(d) to adopt, amend, and alter bylaws, not inconsistent with the laws of the United States of America or of any State in which the corporation is to operate, or of the District of Columbia, for the management of its property and the regulation of its affairs;

(e) to make contracts;

(f) to take and hold by lease, gift, purchase, grant, devise, or bequest, or by any other method, any property, real, personal, or mixed, necessary or proper for attaining the objects and carrying into effect the purposes of the corporation, subject, however, to applicable provisions of law of any State or the District of Columbia (1) governing the amount or kind of such property which may be held by, or (2) otherwise limiting or controlling the ownership or any such property by a corporation operating in such State or the District of Columbia;

(g) to transfer, convey, lease, sublease, mortgage, encumber, and otherwise alienate real, personal, or mixed property; and 

(h) to borrow money for the purposes of the corporation, issue bonds or other evidences of indebtedness therefor, and secure the same by mortgage, deed of trust, pledge, or otherwise, subject in every case to all applicable provisions of the Federal and State laws or to the laws of the District of Columbia; and

(i)

to do any

lawful acts necessary, useful, suitable, desirable, and proper for the furtherance and accomplishment of any of these purposes.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1415.

§152503 · Membership

(a) Eligibility.—Except as provided in this chapter, eligibility for membership in the corporation and the rights and privileges of members are as provided in the constitution and and all acts and things necessary and proper to carry out the objects and purposes of the corporation.

Pub. L. 88–449, §4, Aug. 19, 1964, 78 Stat. 497.

§4605 · Board of trustees

(a) Initial board

Upon enactment of this chapter, the trustees of the corporation may select additional persons to serve as members of the board of trustees. The incorporators of the corporation shall each serve on the board of trustees for a term of at least three years.

(b) Selection; tenure

Except for the foregoing provision, the board of trustees of the corporation shall be selected in such manner and shall serve for such time as may be prescribed in the bylaws of the corporation.

(c) Duties

The board of trustees shall be the managing body of the corporation and shall have such powers, duties, and responsibilities as may be prescribed in the bylaws of the corporation.

Pub. L. 88–449, §5, Aug. 19, 1964, 78 Stat. 497; Pub. L. 92–447, Sept. 29, 1972, 86 Stat. 746.

§4606 · Officers

(a) The officers of the corporation shall be a president, one or more vice presidents, a secretary, a treasurer, and such other officers as may be authorized by the

bylaws of the corporation.

(b) Voting.—Each member (except an honorary or sustaining member) has The officers of the corporation shall be elected in such manner and for such terms and with such duties as may be prescribed in the bylaws of the corporation.

Pub. L. 88–449, §6, Aug. 19, 1964, 78 Stat. 497.

§4607 · Principal office; territorial scope of activities; agent for service of process

(a) The corporation initially shall have its principal office in the District of Columbia and later at such place as may be determined by the board of trustees. The corporation shall have the right to conduct its activities in the United States and elsewhere but shall establish a tropical botanical garden or gardens only in the United States. For purposes of this subsection, the term “United States” includes any commonwealth, territory, or possession of the United States.

(b) The corporation shall maintain in the District of Columbia at all times a designated agent authorized to accept service of process for the corporation and notice to or service upon such agent, or mailed to the business address of such agent, shall be deemed notice to or service upon the corporation.

Pub. L. 88–449, §7, Aug. 19, 1964, 78 Stat. 498; Pub. L. 100–539, §2, Oct. 28, 1988, 102 Stat. 2718.

§4608 · Membership; voting rights

(a) Eligibility for membership in the corporation and the rights and privileges of members shall, except as provided in this chapter, be determined as the constitution and bylaws of the corporation may provide.

(b) Each member of the corporation, other than honorary and associate members, shall have the right to one vote on each matter submitted to a vote at

a meeting of the members. The corporation may provide in its constitution and bylaws for additional voting rights based on dues paid.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1415.

§152504 · Governing body

(a) Board of Directors.—(1) The board of directors is the governing body of the corporation. Between meetings of the corporation, the board is responsible for the general policies and program of the corporation. Except as provided in subsection (c) of this section, the board is responsible for all funds

all meetings of the members of the corporation.

(2) The board shall consist of at least 15 directors. Their manner of selection (including the filling of vacancies) and term of office are as provided in the constitution and bylaws of the corporation.

(b) Officers.—(1) The officers of the corporation are a chairman of the board of directors, a president, three or more vice presidents as provided in the constitution and bylaws, a secretary, a treasurer, and an executive vice president. Their duties are as provided in the constitution and bylaws.

(2) Except for the executive vice president, the officers shall be elected at the annual meeting of the corporation. The executive vice president shall be elected by the board of directors in the manner provided in the constitution and bylaws.

(c) Trustees.—The corporation shall have at least 15 trustees. Their manner of selection and term of office are as provided in the constitution and bylaws. The trustees have full power and control over contributed funds that they raise.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1416.

§152505 · Powers

The corporation may—

(1) adopt and amend a constitution and bylaws for the management of its property and the regulation of its affairs;

(2) adopt and alter a corporate seal;

(3) adopt and alter seals, emblems, and badges;

(4) choose directors, officers, trustees, managers, employees, and agents as the activities of the corporation require;

(5) make contracts;

(6) acquire, own, lease, encumber, and transfer property as necessary to carry out the purposes of the corporation;

(7) borrow money, issue instruments of indebtedness, and secure its obligations by granting security interests in its property;

(8) publish a magazine and other publications consistent with the purposes of the corporation;

(9) charge and collect membership dues and subscription fees;

(10) receive contributions or grants of money or property to be devoted to carrying out the purposes of the corporation;

(11) use corporate funds to give prizes, awards, or other evidences of merit or recognition to individuals, corporations, and other organizations, public or private, for outstanding contributions toward the achievement of the purposes of the corporation;

(12) organize, establish, and conduct conferences on safety and accident prevention;

(13) establish and maintain offices to conduct its activities, charter local, State, and regional safety organizations, and establish, regulate, and discontinue departmental subdivisions and local, State, and regional chapters in appropriate places throughout the United States and its territories and possessions;

(14) sue and be sued; and

(15) do any other act necessary and proper to carry out the purposes of the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1416.

§152506 · Exclusive right to name, seals, emblems, and badges

The corporation and its subordinate divisions and regional, State, and local chapters have the exclusive right to use the name “National Safety Council”. The corporation has the exclusive right to use and to allow others to use seals, emblems, and badges the corporation adopts. This section does not affect any vested rights.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1417.

§152507 · Restrictions

(a) Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend.

(b) Political Activities.—The corporation or a director, officer, or agent as such may not contribute to, support, or assist a political party or candidate for public office.

(c) Distribution of Income or Assets.—The income or assets of the corporation may not inure to the benefit of, or be distributed to, a director, officer, or member except on dissolution or final liquidation of the corporation. This subsection does not prevent the payment of compensation to an officer in an amount approved by the board of directors.

(d) Loans.—The corporation may not make a loan to a director, officer, or employee. Directors who vote for or assent to making a loan to a director, officer, or employee, and officers who participate in making the loan, are jointly and severally liable to the corporation for the amount of the loan until it is repaid.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1417.

§152508 · Principal office

The principal office of the corporation shall be in Chicago, Illinois, or another place decided by the board of directors. However, the activities of the corporation are not confined to the place where the principal office is located but may be conducted throughout the States, territories, and possessions

Pub. L. 88–449, §8, Aug. 19, 1964, 78 Stat. 498.

§4609 · Liability for acts of officers and agents

The corporation shall be liable for the acts of its officers and agents when acting within the scope of their authority.

Pub. L. 88–449, §9, Aug. 19, 1964, 78 Stat. 498.

§4610 · Audit of financial transactions

(a) The accounts of the corporation shall be audited annually in accordance with generally accepted auditing standards by independent certified public accountants or independent licensed public accountants, certified or licensed by a regulatory authority of a State or other political subdivision of the United States.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1417.

§152509 · Records and inspection

(a) Records.—The corporation shall keep—

(1) correct and complete records of account;

(2) The audit shall be conducted at the place or places where the accounts of the corporation are normally kept. All books, accounts, financial records, reports, files, and all other papers, things, or property belonging to or in use by the corporation and necessary to facilitate the audit shall be made available to the person or persons conducting the audit; and full facilities for verifying transactions with the balances or securities held by depositories, fiscal agents, and custodians shall be afforded to such person or persons.

(b) A report of such audit shall be made by the corporation to the Congress not later than six months following the close of the fiscal year for which the audit is made. The report shall set forth the scope of the audit and include such statements, together with the independent auditor's opinion of those statements, as are necessary to present fairly the corporation's assets and liabilities, surplus or deficit with an analysis of the changes therein during the year, supplemented in reasonable detail by a statement of the corporation's income and expenses during the year including (1) the results of any trading, manufacturing, publishing, or other commercial-type endeavor carried on by the corporation, and (2) a schedule of all contracts requiring payments in excess of $10,000 and any payments of compensation, salaries, or fees at a rate in excess of $10,000 per annum. The report shall not be printed as a public document.

Pub. L. 88–449, §10, Aug. 19, 1964, 78 Stat. 498.

§4611 · Books and records; inspection

The corporation shall keep correct and complete books and records of account. It shall also keep minutes of the proceedings of its members, board of directors, board of trustees, and committees having any of the authority of

its board of directors; and(3)

the board of trustees. The corporation shall also keep at its principal office, office a record of the names and addresses of its members entitled to vote.

(b) Inspection.—A member entitled to vote, or an agent or attorney of the member, may inspect the All books and records of the corporation shall be open for inspection by any member of the corporation or his agent or attorney for any proper purpose, purpose at any reasonable time.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1417.

§152510 · Service of process

88–449, §11, Aug. 19, 1964, 78 Stat. 499.

§4612 · Prohibition against issuance of stock or payment of dividends

The corporation shall have

a designated agent in the District of Columbia to receive service of process for the corporation. Notice to or service on the agent, or mailed to the business address of the agent, is notice to or service on the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1417.

§152511 · Liability for acts of officers and agents

The corporation is liable for the acts of its officers and agents acting within the scope of their authority.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1418.

§152512 · Distribution no power to issue shares of stock or to declare or pay dividends.

Pub. L. 88–449, §12, Aug. 19, 1964, 78 Stat. 499.

§4613 · Distribution of income or assets to members; loans

(a) No part of the income or assets of the corporation shall inure to any member, officer, or trustee, or be distributable to any such person during the life of the corporation or upon dissolution or final liquidation. Nothing in this subsection, however, shall be construed to prevent the payment of reasonable compensation to officers of the corporation in amounts approved by the board of trustees of the corporation.

(b) The corporation shall not make loans to its officers, trustees, or employees. Any trustee who votes for or assents to the making of a loan to an officer, trustee, or employee of the corporation, and any officer who participates in the making of such loan, shall be jointly and severally liable to the corporation for the amount of such loan until the repayment thereof.

Pub. L. 88–449, §13, Aug. 19, 1964, 78 Stat. 499.

§4614 · Use of assets on dissolution or

final liquidationOn dissolution or final liquidation liquidationUpon dissolution or final liquidation of the corporation, any all assets remaining after the discharge of all liabilities corporation's liabilities have been satisfied, shall be distributed as provided by the board of directors, but to the United States Government, to be administered by the Secretary of the Interior, under the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1 et seq.), as amended and supplemented, or to a State or local government to be used for a public purpose, in accordance with the determination of the board of trustees, consistent with the purposes of the corporation, and in compliance with the

constitution and bylaws of the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1418.

Chapter 1527. National Ski Patrol System, Incorporated

§152701 · Definition

For purposes of this chapter, “State” includes the District of Columbia and the territories and possessions of the United States.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1418.

§152702 · Organization

(a) Federal Charter.—National Ski Patrol System, Incorporated (in this chapter, the “corporation”), incorporated in New York and Colorado, is a federally chartered corporation.

(b) Expiration of Charter.—If the corporation does not comply with any provision of this chapter, the charter granted by this chapter expires.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1418.

§152703 · Purposes

The purposes of the corporation are—

(1) to promote, in every way, patriotic, scientific, educational, and civic improvement activities and public safety in skiing, by such means as the dissemination of information and the formation of volunteer local patrols consisting of competent skiers trained in first aid for the purpose of preventing accidents and rendering speedy assistance to individuals sustaining accidents; and

(2) to solicit contributions of money, services, and other property for, and generally to encourage and assist in carrying out these purposes in every way.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1418.

§152704 · Membership

Except as provided in this chapter, eligibility for membership in the corporation and the rights and privileges of members are as provided in the bylaws.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1418.

§152705 · Governing body

(a) Board of Directors.—The board of directors and the responsibilities of the board are as provided in the articles of incorporation.

(b) Officers.—The officers and the election of officers are as provided in the articles of incorporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1419.

§152706 · Powers

The corporation has only the powers provided in charter and bylaws of the corporation and Federal and State laws.

Pub. L. 88–449, §14, Aug. 19, 1964, 78 Stat. 499.

§4615 · Nonpolitical nature of corporation

The corporation, and its officers and trustees as such, shall not contribute to or otherwise support or assist any political party or candidate for elective public office.

Pub. L. 88–449, §15, Aug. 19, 1964, 78 Stat. 499.

§4616 · Exclusive right to name

The corporation shall have the sole and exclusive right to use and to authorize the use of the name “National Tropical Botanical Garden.”

Pub. L. 88–449, §16, Aug. 19, 1964, 78 Stat. 499; Pub. L. 100–539, §1, Oct. 28, 1988, 102 Stat. 2718.

§4617 · Reservation of right to amend or repeal chapter

The right to alter, amend, or repeal this chapter is expressly reserved to the Congress.

Pub. L. 88–449, §17, Aug. 19, 1964, 78 Stat. 499.

Chapter 79. Theodore Roosevelt Association

§4701 · Corporation created

Lawrence F. Abbott, Lyman Abbott, Carl E. Akeley, Earl Akers, Henry J. Allen, Joseph W. Alsop, Charles W. Anderson, Jacob L. Babler, Charles S. Barrett, John Barrett, E. C. Bartlett, R. Livingston Beeckman, Albert J. Beveridge, William C. Bobbs, Charles J. Bonaparte, Evangeline Booth, Desha Breckenridge, Henri Brown, J. A. A. Burnquist, John Burroughs, Marion LeRoy Burton, Kenyon L. Butterfield, William P. Bynum, Thomas E. Campbell, Robert D. Carey, Irving A. Caswell, Thomas L. Chadbourne, Robert R. Church, junior, Ernest F. Cochran, William W. Cocks, Henry Waldo Coe, Russell J. Coles, Austen Colgate, Frederick L. Collins, E. C. Converse, Willis C. Cook, George B. Cortelyou, O. W. Coursey, William H. Cowles, John S. Cravens, Thomas J. Crittenden, H. P. Cross, Walter Damrosch, S. C. Dell, Cleveland H. Dodge, T. Coleman du Pont, Milton H. Esberg, Albert B. Fall, Sylvanus M. Ferris, Simeon D. Fess, John H. Finley, William S. Fleming, Charles W. Folds, Rufus E. Foster, Lyman J. Gage, Thomas Frank Gailor, James A. Gallivan, Halbert P. Gardner, James R. Garfield, Arthur L. Garford, Nelson H. Gay, James W. Gerard, James Gibbons, Mary A. Gibson, Will H. Gibson, William Ball Gilbert, William A. Glasgow, junior, Martin H. Glynn, George W. Goethals, Frank R. Gooding, James P. Goodrich, Theodore F. Green, John C. Greenway, Lloyd C. Griscom, Frank W. Gunsaulus, Hermann Hagedorn, Grant P. Hall, Edward J. Hanna, Ole Hanson, Chester Harding, Judson Harmon, B. F. Harris, Albert Bushnell Hart, George Harvey, James H. Hawley, Will H. Hays, George C. Hazelett, A. T. Hert, Frederick C. Hicks, Frank J. Hogan, Elon H. Hooker, O. K. Houck, Clark Howell, R. B. Howell, William Dean Howells, Charles E. Hughes, Arthur M. Hyde, Harold L. Ickes, William P. Jackson, Alfred J. Johnson, Hiram W. Johnson, Lewis Y. Johnson, Otto H. Kahn, Frank B. Kellogg, George N. Keniston, William S. Kenyon, Henry W. Kiel, John T. King, Paul H. King, Earle S. Kinsley, Irwin R. Kirkwood, Frank Knox, Philander C. Knox, Florence Bayard La Farge, Alexander Lambert, Franklin K. Lane, Albert D. Lasker, John N. Lightbourn, Curtis H. Lindley, Henry D. Lindsley, Colin H. Livingstone, Henry Cabot Lodge, William Loeb, junior, Pierre Lorillard, junior, S. H. Love, Frank O. Lowden, A. Lawrence Lowell, Anna Maud Lyon, William McAdoo, C. N. McArthur, Charles Wylie McClure, J. M. McCormick, Ruth Hanna McCormick, Henry B. McCoy, W. N. McGill, James J. McGraw, Gavin McNab, C. H. McNider, Henry F. MacGregor, Norman E. Mack, Clarence H. Mackay, William T. Manning, T. Frank Manville, Thomas A. Marlow, Victor H. Metcalf, Herman A. Metz, Charles R. Miller, C.P.J. Mooney, J. H. Morron, Dwight W. Morrow, Robert R. Moton, Guy Murchie, Michael J. Murray, Truman H. Newberry, Samuel D. Nicholson, Lewis Nixon, John I. Nolan, Peter Norbeck, Alton B. Parker, John M. Parker, Thomas Patterson, F. S. Peabody, George Wharton Pepper, Leroy Percy, George W. Perkins, Gifford Pinchot, Samuel Platt, Miles Poindexter, Jeter C. Pritchard, Mason F. Prosser, William H. Putnam, R. Lansing Ray, C. F. Reavis, Elisabeth Mills Reid, H. L. Remmel, Rush Rhees, Raymond Robins, Prescott W. Robinson, Elihu Root, John C. Rose, Julius Rosenwald, Erskine M. Ross, John A. Sargent, Charles Scribner, Mary Frances Severance, William W. Sewall, John C. Shaffer, Leslie M. Shaw, Louis P. Sheldon, Harry F. Sinclair, Thomas F. Smith, M. P. Snyder, William C. Sproul, William Spry, Frank C. Steinhart, William D. Stephens, Percy S. Stephenson, Philip B. Stewart, Henry L. Stimson, Marshall Stimson, Warren S. Stone, Oscar S. Strauss, Mark Sullivan, Patrick Sullivan, J. T. Swift, William Howard Taft, Joseph O. Thompson, William Boyce Thompson, John W. Towle, Wallace Townsend, William J. Tully, George Turner, R. E. Twitchell, Grace Vanderbilt, George H. Vincent, Harriet E. Vittum, Aug. H. Vogel, Henry C. Wallace, Zeb V. Walser, T. H. Wannamaker, David Warfield, Charles B. Warren, Henry Watterson, Benjamin Ide Wheeler, Henry J. Whigham, Wallace H. White, junior, Albert H. Wiggin, James Wilson, Leonard Wood, Luke E. Wright, William Wrigley, junior, and Robert J. Wynne, their associates and successors, are hereby created a body corporate and politic in the District of Columbia.

May 31, 1920, ch. 216, §1, 41 Stat. 691.

§4702 · Name and powers of corporation

The name of this corporation shall be Theodore Roosevelt Association, and by that name it shall have perpetual succession, with power to sue and be sued in courts of law and equity within the jurisdiction of the United States; to hold such real and personal estate as shall be necessary for its corporate purposes, and to receive real and personal property by gift, devise, or bequest; to give and dedicate such property to public agencies and purposes; to adopt a seal and the same to alter at pleasure; to hold its corporate meetings within or without the District of Columbia, as the board of trustees of the corporation shall determine; to have offices and conduct its business affairs within or without the District of Columbia, and in the several States, Territories, and possessions of the United States; to make and adopt a constitution, by-laws, rules, and regulations not inconsistent with the laws of the United States of America, or any State thereof, and generally to do all such acts and things as may be necessary to carry into effect the provisions of this chapter and promote the purposes of said corporation.

May 31, 1920, ch. 216, §2, 41 Stat. 692; May 21, 1953, ch. 63, §1, 67 Stat. 27.

§4703 · Purpose of corporation

The purpose of this corporation shall be to perpetuate the memory of Theodore Roosevelt for the benefit of the people of the United States of America and of the world, and to that end, but without restriction to the objects enumerated below, to solicit, receive, hold, and maintain a fund or funds, and to apply the principal thereof and income therefrom to any one or more of the following objects:

(1) The erection and maintenance of a suitable and adequate monumental memorial in the city of Washington, District of Columbia, to the memory of Theodore Roosevelt;

(2) The acquisition, development, and maintenance of a public park in memory of Theodore Roosevelt in the town of Oyster Bay, New York;

(3) The establishment and maintenance of an endowment fund to promote the development and application of the policies and ideals of Theodore Roosevelt for the benefit of the American people.

(4) The donation of real and personal property, including part or all of its endowment fund, to a public agency or public agencies for the purpose of preserving in public ownership historically significant properties associated with the life of Theodore Roosevelt.

May 31, 1920, ch. 216, §3, 41 Stat. 693; July 25, 1962, Pub. L. 87–547, §6, 76 Stat. 217.

§4704 · Board of trustees; powers

The property and affairs of the corporation shall be managed and directed by a self-perpetuating board of trustees. The following-named persons shall constitute the first board of trustees: Lawrence Abbott, Henry J. Allen, Joseph W. Alsop, Charles W. Anderson, R. Livingston Beeckman, Austen Colgate, E. C. Converse, John S. Cravens, T. Coleman du Pont, John H. Finley, James R. Garfield, Mrs. Frank A. Gibson, James P. Goodrich, Lloyd C. Griscom, Hermann Hagedorn, Judson Harmon, George Harvey, Will H. Hays, A. T. Hert, Frederick C. Hicks, Elon H. Hooker, Charles E. Hughes, Hiram W. Johnson, Otto H. Kahn, Frank B. Kellogg, Irwin R. Kirkwood, Mrs. C. Grant La Farge, Franklin K. Lane, Henry D. Lindsley, Henry Cabot Lodge, William Loeb, junior, Mrs. Medill McCormick, James J. McGraw, Clarence H. Mackay, Dwight W. Morrow, George W. Perkins, Gifford Pinchot, Mrs. Whitelaw Reid, Raymond Robins, Elihu Root, Julius Rosenwald, Mrs. C. A. Severance, Harry F. Sinclair, Philip B. Stewart, Henry L. Stimson, Warren S. Stone, Oscar S. Straus, Mark Sullivan, William Boyce Thompson, Henry C. Wallace, Albert H. Wiggin, Luke E. Wright, William Wrigley, junior, and Leonard Wood.

The board of trustees shall have the power to adopt from time to time a constitution, by-laws, rules, and regulations for the selection of their successors, for the admission to membership in the corporation, for the election of officers of the corporation, and in general for the conduct of the affairs of the corporation, and may alter, amend, or repeal the same.

May 31, 1920, ch. 216, §4, 41 Stat. 693.

§4705 · Prohibition against issuance of stock or payment of dividends

Said corporation will have no power to issue certificates of stock or to declare or pay dividends, but it is organized and shall be operated exclusively for educational purposes, and no part of its earnings, income, or funds will inure to the benefit of any member or individual.

May 31, 1920, ch. 216, §5, 41 Stat. 693.

§4706 · Reservation of right to amend or repeal chapter

Congress shall have the right to repeal, alter, or amend this chapter at any time.

May 31, 1920, ch. 216, §6, 41 Stat. 694.

§4707 · Consolidation

This corporation shall have the power at any time to consolidate with Women's Theodore Roosevelt Memorial Association, Incorporated, a nonstock and nonprofit corporation organized and existing under the New York membership corporations law, so as to form a single surviving corporation which shall be this corporation. The corporate entity, existence and name of this corporation shall continue unchanged after the consolidation.

The consolidation shall not be effected unless the agreement for consolidation is approved by act of the trustees of this corporation, who shall be the members of the corporation entitled to vote with respect to consolidation.

Such trustees may act on any question respecting the consolidation by a resolution adopted by two-thirds of those present at any meeting of the board of trustees at which a quorum of ten is present. Written notice of the time, place, and purposes of such meeting shall be sent to each trustee at his last known address appearing on the books of the corporation by first-class mail, postage prepaid, at least ten days prior to the meeting.

The consolidation shall be effected in the manner prescribed in this section and in the New York membership corporations law and shall become effective when a certificate of consolidation is filed pursuant to said law.

May 31, 1920, ch. 216, §7, as added Mar. 29, 1956, ch. 102, 70 Stat. 60.

Chapter 80. 82nd Airborne Division Association, Inc.

§4801 · Recognition as corporation and grant of Federal charter

The 82nd Airborne Division Association, Incorporated, a nonprofit corporation organized under the laws of the State of Illinois, is recognized as such and is granted a Federal charter.

Pub. L. 101–510, div. A, title XVI, §1601, Nov. 5, 1990, 104 Stat. 1736.

§4802 · Powers of corporation

The 82nd Airborne Division Association, Incorporated (hereinafter in this chapter referred to as the “corporation”), shall have only those powers granted to it through

its bylaws and articles of incorporation filed in each State the State or States in which it is incorporated and subject to the laws of such State or States.

Pub. L. 101–510, div. A, title XVI, §1602, Nov. 5, 1990, 104 Stat. 1736.

§4803 · Objects and purposes of corporation

The objects and purposes of the corporation are those provided in its articles of incorporation and shall include—

(1) perpetuating the memory of members of the 82nd Airborne Division who fought and died for this Nation;

(2) furthering the common bond between retired and active members of the 82nd Airborne Division;

(3) providing educational assistance in the form of college scholarships and grants to the qualified children of current and former members of the 82nd Airborne Division;

(4) promoting civic and patriotic activities; and

(5) promoting the indispensable role of airborne defense to the national security of the United States.

Pub. L. 101–510, div. A, title XVI, §1603, Nov. 5, 1990, 104 Stat. 1736.

§4804 · Service of process

With respect to service of process, the corporation shall comply with the laws of the State or States in which it is incorporated and the State or States in which it carries on its activities in furtherance of its corporate purposes.

Pub. L. 101–510, div. A, title XVI, §1604, Nov. 5, 1990, 104 Stat. 1737.

§4805 · Membership

(a) Subject to subsection (b) of this section, eligibility for membership in the corporation and the rights and privileges of members of the corporation shall be as provided in the constitution and bylaws of the corporation.

(b) Terms of membership and requirements for holding office within the corporation shall not discriminate on the basis of race, color, national origin, sex, religion, or handicapped status.

Pub. L. 101–510, div. A, title XVI, §1605, Nov. 5, 1990, 104 Stat. 1737.

§4806 · Board of directors

The composition of the board of directors of the corporation and the responsibilities of such board shall be as provided in the articles of incorporation of the corporation and shall be in conformity with the laws of the State or States in which it is incorporated.

Pub. L.

105–225, Aug. 12, 1998, 112 Stat. 1419.§152707 101–510, div. A, title XVI, §1606, Nov. 5, 1990, 104 Stat. 1737.

§4807 · Officers

The positions of officers of the corporation and the election of members to such positions shall be as provided in the articles of incorporation of the corporation and shall be in conformity with the laws of the State or States in which it is incorporated.

Pub. L. 101–510, div. A, title XVI, §1607, Nov. 5, 1990, 104 Stat. 1737.

§4808 · Restrictions

(a)

Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend.

(b) Political Activities.—The corporation or a director or officer as such may not contribute to, support, or participate in any political activity or in any manner attempt to influence legislation.

(c) Distribution of Income or Assets.—The

Distribution of income or assets to membersNo part of the income or assets of the corporation may not inure to the benefit of, of any member, officer, or director of the corporation or be distributed to, a director, officer, or member to any such individual during the life of the charter granted by this chapter. This subsection does not this charter. Nothing in this subsection shall be construed to prevent the payment of reasonable compensation to an officer the officers of the corporation or reimbursement for actual and necessary expenses in amounts approved by the board of directors.

(d) Loans.—The

(b) Loans

The corporation may not make

a loan to a director, officer, or employee.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1419.

§152708 · Duty to maintain tax-exempt any loan to any officer, director, or employee of the corporation.

(c) Political activities

The corporation and any officer and director of the corporation, acting as such officer or director, shall not contribute to, support or otherwise participate in any political activity or in any manner attempt to influence legislation.

(d) Issuance of stock; dividends

The corporation shall have no power to issue any shares of stock nor to declare or pay any dividends.

(e) Claim of approval or authorization

The corporation shall not claim congressional approval or Federal Government authority for any of its activities.

Pub. L. 101–510, div. A, title XVI, §1608, Nov. 5, 1990, 104 Stat. 1737.

§4809 · Liability for acts of officers and agents

The corporation shall be liable for the acts of its officers and agents whenever such officer and agents have acted within the scope of their authority.

Pub. L. 101–510, div. A, title XVI, §1609, Nov. 5, 1990, 104 Stat. 1737.

§4810 · Books and records; inspection

The corporation shall keep correct and complete books and records of account and minutes of any proceeding of the corporation involving any of its members, the board of directors, or any committee having authority under the board of directors. The corporation shall keep, at its principal office, a record of the names and addresses of all members having the right to vote in any proceeding of the corporation. All books and records of such corporation may be inspected by any member having the right to vote in any corporation proceeding, or by any agent or attorney of such member, for any proper purpose at any reasonable time. Nothing in this section shall be construed to contravene any applicable State law.

Pub. L. 101–510, div. A, title XVI, §1610, Nov. 5, 1990, 104 Stat. 1737.

§4811 · Annual report

The corporation shall report annually to the Congress concerning the activities of the corporation during the preceding fiscal year. Such annual report shall be submitted at the time as the report of the audit of the corporation required by section 1102 of this title. The report shall not be printed as a public document.

Pub. L. 101–510, div. A, title XVI, §1612, Nov. 5, 1990, 104 Stat. 1738.

§4812 · Reservation of right to amend or repeal chapter

The right to amend, alter, or repeal this chapter is expressly reserved to the Congress.

Pub. L. 101–510, div. A, title XVI, §1613, Nov. 5, 1990, 104 Stat. 1738.

§4813 · “State” defined

For purposes of this chapter, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and the territories and possessions of the United States.

Pub. L. 101–510, div. A, title XVI, §1614, Nov. 5, 1990, 104 Stat. 1738.

§4814 · Tax-exempt status

The corporation shall maintain its status as an organization exempt from taxation

under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.).

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1419.

§152709 · Records and inspection

(a) Records.—The corporation shall keep—

(1) correct and complete records of account;

(2) minutes of the proceedings of its members, board of directors, and committees having any of the authority of its board of directors; and

(3) at its principal office, a record of the names and addresses of its members entitled to vote.

(b) Inspection.—A member entitled to vote, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1419.

§152710 · Service of process

The corporation shall comply with the law on service of process of each State in which it is incorporated and each State in which it carries on activities.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1419.

§152711 · Liability for acts of officers and agents

The corporation is liable for the acts of its officers and agents acting within the scope of their authority.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1419.

§152712 · Annual report

The corporation shall submit an annual report to Congress on the activities of the corporation during the prior calendar year. The report may not be printed as a public document.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1420.

Chapter 1529. National Society, Daughters of the American Colonists

§152901 · Definition

For purposes of this chapter, “State” includes the District of Columbia and the territories and possessions of the United States.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1420.

§152902 · Organization

(a) Federal Charter.—National Society, Daughters of the American Colonists (in this chapter, the “corporation”), incorporated in the District of Columbia, is a federally chartered corporation.

(b) Expiration of Charter.—If the corporation does not as provided in title 26.

Pub. L. 101–510, div. A, title XVI, §1615, Nov. 5, 1990, 104 Stat. 1738.

§4815 · Failure to comply with restrictions or provisions

If the corporation fails to

comply with any provision of the restrictions or provisions of this chapter, the charter granted by this chapter

expires.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1420.

§152903 · Purposes

The purposes of the corporation are as provided in the articles of incorporation and include a continuing commitment, on a national basis—

(1) to conduct, record, and publish the results of research on the history and deeds of the American colonists;

(2) to publish the memoirs of American colonists;

(3) to erect memorials to commemorate the history and deeds of the American colonists;

(4) to promote respect and admiration for the institutions, laws, and flag of the United States;

(5) to engage in mutual improvement and educational activities;

(6) to establish scholarships to assist needy and deserving students and to promote the improvement of educational institutions;

(7) to engage in volunteer service and make contributions to veterans hospitals; and

(8) to perform other charitable activities, including the national presidents’ projects, shall expire.

Pub. L. 101–510, div. A, title XVI, §1616, Nov. 5, 1990, 104 Stat. 1738.

Chapter 81. American Hospital of Paris

§4901 · Corporation created

John H. Harjes, John J. Hoff, H. H. Harjes, Henry Cachard, S. F. B. Biddle, W. S. Dalliba, Doctor Edmund L. Gros, Leopold Huffer, Doctor A. J. Magnin, Frank H. Mason, J. Pierpont Morgan, F. W. Sharon, H. A. van Bergen, Doctor Crosby Whitman, and such persons as shall or may hereafter associate with them and in such manner and upon such terms as shall be specified in the by-laws of this corporation, are hereby ordained, constituted, and declared a body corporate in fact and in name in the District of Columbia, by the name and style of the American Hospital of Paris.

Jan. 30, 1913, ch. 21, §1, 37 Stat. 654.

§4902 · Powers of corporation

The said corporation is authorized to take by purchase, gift, grant, devise, and bequest, and to hold, mortgage, lease, transfer, and convey, for the purposes of the said corporation, any real and personal property in the United States of America and in France

as may be

provided in the articles of incorporation or bylaws of the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1420; Pub. L. 105–354, §1(10), Nov. 3, 1998, 112 Stat. 3244.

§152904 · Membership

(a) Eligibility.—Except as provided in this chapter, eligibility for membership in the corporation and the rights and privileges of members are as provided in the constitution and bylaws of the corporation.

(b) Nondiscrimination.—The terms of membership may not discriminate on the basis of race, color, religion, or national origin.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1420.

§152905 · Governing body

(a) Board of Directors.—The board of directors and the responsibilities of the board are as provided in the articles of incorporation or bylaws.

(b) Officers.—The officers and the election of officers are as provided in the articles of incorporation or bylaws.

(c) Nondiscrimination.—The requirements for holding office in the corporation may not discriminate on the basis of race, color, religion, or national origin.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1421.

§152906 · Powers

The corporation has only the powers provided in deemed necessary for the wants or development of the corporation or any of them.

Jan. 30, 1913, ch. 21, §2, 37 Stat. 654; June 14, 1929, ch. 23, 46 Stat. 11; Oct. 1, 1965, Pub. L. 89–231, §1, 79 Stat. 901.

§4903 · Design and purpose of corporation

It shall be the design and purpose of said corporation to establish, maintain, and conduct in the city of Paris, Republic of France, or in its vicinity, a hospital to furnish, gratuitously or otherwise, medical and surgical aid and care to the citizens of the United States of America, and it shall be lawful for the said corporation to demand and receive a reasonable compensation for such care, sustenance, professional treatment, and other services; and all moneys so received shall be applied to the uses and benefits of the said corporation.

Jan. 30, 1913, ch. 21, §3, 37 Stat. 654.

§4904 · Board of governors; principal office

The direction and management of the affairs of the said corporation shall be vested in a board of governors composed of not less than twelve members. The principal office of the corporation shall be located in the District of Columbia, but offices may be maintained and the meetings of the board of governors and committees held elsewhere.

Jan. 30, 1913, ch. 21, §4, 37 Stat. 655; Apr. 12, 1974, Pub. L. 93–266, §1(a), 88 Stat. 85.

§4905 · Composition of initial board

The following persons shall, until the first annual election, be held to constitute the first board of governors: John H. Harjes, John J. Hoff, H. H. Harjes, Henry Cachard, S. F. B. Biddle, W. S. Dalliba, Doctor Edmund L. Gros, L. Huffer, Doctor A. J. Magnin, Frank H. Mason, J. Pierpont Morgan, F. W. Sharon, H. A. van Bergen, and Doctor Crosby Whitman. In case any of the above-named persons shall decline to serve or be ineligible, the vacancy or vacancies may be filled by the remaining governors, and any governor shall be eligible for reelection.

Jan. 30, 1913, ch. 21, §5, 37 Stat. 655.

§4906 · Completion of organization; officers; tenure

As soon as practicable after January 30, 1913, the said board shall organize and shall, by ballot, elect from the members of the board a president, a vice president, a secretary, and a treasurer, who shall hold their respective offices until the annual meeting in the year nineteen hundred and thirteen. At such meeting for organization the said board shall by lot divide into three classes of equal numbers. The term of office of the first class shall continue until the annual meeting in the year nineteen hundred and fourteen; that of the second class until the annual meeting in the year nineteen hundred and fifteen; and that of the third class until the annual meeting in the year nineteen hundred and sixteen. At the expiration of the term of each class as aforesaid, governors shall be elected by said corporation, at its annual meeting, to fill the same, who shall hold office for the term of three years then next ensuing or until their successors shall be chosen. And at each succeeding annual election thereafter members of said board of governors shall be so elected for said term to fill the class then becoming vacant as aforesaid.

Jan. 30, 1913, ch. 21, §6, 37 Stat. 655; Apr. 12, 1974, Pub. L. 93–266, §1(b), 88 Stat. 85.

§4907 · Duties of board

The said board of governors shall have power to conduct and manage all the business and concerns of the said corporation; to fill, until the next annual election thereafter, any vacancy in the board occasioned by death, resignation, or otherwise; and to appoint such attending and resident physicians and surgeons, agents, assistants, and attendants as may be necessary, to fix their compensation, and to discharge them; to make such by-laws as may be necessary and proper and not contrary to law, relative to elections and meetings, the qualifications and duties of governors and officers, the admission and qualifications of members, the management and disposition of the estate, business, and concerns of the said corporation, and to alter or to amend the same.

Jan. 30, 1913, ch. 21, §7, 37 Stat. 655.

§4908 · Quorum requirement

Five governors shall be a quorum for the transaction of all business, except the sale or alienation of any of the real or personal estate of the said corporation, or the leasing of any real estate thereof for a longer term than one year, for which purposes or any of them the consent of a majority of the said board shall be necessary.

Jan. 30, 1913, ch. 21, §8, 37 Stat. 655.

§4909 · Duration of corporation

This charter shall continue in perpetuity.

Jan. 30, 1913, ch. 21, §9, 37 Stat. 655; Sept. 19, 1962, Pub. L. 87–673, 76 Stat. 557; Oct. 1, 1965, Pub. L. 89–231, §2, 79 Stat. 901.

§4910 · Reservation of right to amend or repeal chapter

This chapter shall be subject to alterations, amendment, or repeal.

Jan. 30, 1913, ch. 21, §10, 37 Stat. 655.

Chapter 82. Military Order of the World Wars

§5001 · Recognition as corporation and grant of Federal charter

The Military Order of the World Wars, a nonprofit corporation organized under the laws of the District of Columbia, is recognized as such and is granted a Federal charter.

Pub. L. 102–484, div. A, title XVIII, §1801, Oct. 23, 1992, 106 Stat. 2581.

§5002 · Powers of corporation

The Military Order of the World Wars (in this chapter referred to as the “corporation”) shall have only those powers granted to it through

its bylaws and articles of incorporation filed in each the State in which it is incorporated and subject to the laws of such State.

Pub. L. 102–484, div. A, title XVIII, §1802, Oct. 23, 1992, 106 Stat. 2581.

§5003 · Objects and purposes of corporation

The objects and purposes of the corporation are those provided in its bylaws and articles of incorporation and shall include the following:

(1) Promoting military service associations.

(2) Promoting patriotic education and military, naval, and air science.

(3) Defending the honor and integrity of the Federal Government and the Constitution.

(4) Fostering fraternal relations among all branches of the Armed Forces.

(5) Encouraging the adoption of a suitable policy of national security.

(6) Encouraging the commemoration of military service and the establishment of war memorials.

Pub. L. 102–484, div. A, title XVIII, §1803, Oct. 23, 1992, 106 Stat. 2582.

§5004 · Service of process

With respect to service of process, the corporation shall comply with the laws of the State in which it is incorporated and those States in which it carries on its activities in furtherance of its corporate purposes.

Pub. L. 102–484, div. A, title XVIII, §1804, Oct. 23, 1992, 106 Stat. 2582.

§5005 · Membership

Except as provided in section 5008 of this title, eligibility for membership in the corporation and the rights and privileges of members of the corporation shall be as provided in the articles of incorporation and bylaws of the corporation.

Pub. L. 102–484, div. A, title XVIII, §1805, Oct. 23, 1992, 106 Stat. 2582.

§5006 · Board of directors

Except as provided in section 5008 of this title, the composition of the board of directors of the corporation and the responsibilities of such board shall be as provided in the articles of incorporation of the corporation and in conformity with the laws of the State in which it is incorporated.

Pub. L.

105–225, Aug. 12, 1998, 112 Stat. 1421.

§152907 · Exclusive right to name, seals, emblems, and badges

The corporation has the exclusive right to use the name “National Society, Daughters of the American Colonists” and seals, emblems, and badges the corporation adopts. This section does not affect any vested rights.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1421.

§152908 · Restrictions

(a) Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend.

(b) Political Activities.—The corporation or a director or officer as such may not contribute to, support, or participate in any political activity or in any manner attempt to influence legislation.

(c) Distribution of Income or Assets.—The income or assets of the corporation may not inure to the benefit of, or be distributed to, a director, officer, or member during the life of the charter granted by this chapter. This subsection does not prevent the payment of reasonable compensation to an officer or reimbursement for actual necessary expenses in amounts approved by the board of directors.

(d) Loans.—The corporation may not make a loan to a director, officer, or employee.

(e) Claim of Governmental Approval or Authorization.—The corporation may not claim congressional approval or the authority of the United States Government for any of its activities.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1421.

§152909 · Duty to maintain corporate and tax-exempt status

(a) Corporate Status.—The corporation shall maintain its status as a corporation incorporated under 102–484, div. A, title XVIII, §1806, Oct. 23, 1992, 106 Stat. 2582.

§5007 · Officers

Except as provided in section 5008 of this title, the positions of officers of the corporation and the election of members to such positions shall be as provided in the articles of incorporation of the corporation and in conformity with

the laws of each the State in which it is incorporated.

(b) Tax-Exempt Status.—The

Pub. L. 102–484, div. A, title XVIII, §1807, Oct. 23, 1992, 106 Stat. 2582.

§5008 · Prohibition on discrimination

In establishing the conditions of membership in the corporation and in determining the requirements for serving on the board of directors or as an officer of the corporation, the corporation may not discriminate on the basis of race, color, religion, sex, handicap, age, or national origin.

Pub. L. 102–484, div. A, title XVIII, §1808, Oct. 23, 1992, 106 Stat. 2582.

§5009 · Restrictions

(a) Distribution of income or assets to members

No part of the income or assets of the corporation may inure to the benefit of any member, officer, or director of the corporation or be distributed to any such individual during the life of this charter. Nothing in this subsection shall be construed to prevent the payment of reasonable compensation to the officers of the corporation or reimbursement for actual necessary expenses in amounts approved by the board of directors.

(b) Loans

The corporation may not make any loan to any officer, director, or employee of the corporation.

(c) Issuance of stock; dividends

The corporation shall have no power to issue any shares of stock or to declare or pay any dividends.

(d) Claim of approval or authorization

The corporation shall not claim congressional approval or the authorization of the Federal Government for any of its activities by virtue of this chapter.

Pub. L. 102–484, div. A, title XVIII, §1809, Oct. 23, 1992, 106 Stat. 2582.

§5010 · Liability for acts of officers and agents

The corporation shall be liable for the acts of its officers and agents whenever such officers and agents have acted within the scope of their authority.

Pub. L. 102–484, div. A, title XVIII, §1810, Oct. 23, 1992, 106 Stat. 2583.

§5011 · Books and records

The corporation shall keep correct and complete books and records of account and minutes of any proceeding of the corporation involving any of its members, the board of directors, or any committee having authority under the board of directors. The corporation shall keep, at its principal office, a record of the names and addresses of all members having the right to vote in any proceeding of the corporation. All books and records of such corporation may be inspected by any member having the right to vote in any corporation proceeding, or by any agent or attorney of such member, for any proper purpose at any reasonable time. Nothing in this section shall be construed to contravene any applicable State law.

Pub. L. 102–484, div. A, title XVIII, §1811, Oct. 23, 1992, 106 Stat. 2583.

§5012 · Annual report

The corporation shall report annually to the Congress concerning the activities of the corporation during the preceding fiscal year. Such annual report shall be submitted at the same time as the report of the audit required by section 1102 of this title. The report shall not be printed as a public document.

Pub. L. 102–484, div. A, title XVIII, §1813, Oct. 23, 1992, 106 Stat. 2583.

§5013 · Reservation of right to amend or repeal chapter

The right to alter, amend, or repeal this chapter is expressly reserved to the Congress.

Pub. L. 102–484, div. A, title XVIII, §1814, Oct. 23, 1992, 106 Stat. 2583; amended Pub. L. 103–35, title II, §202(a)(13), May 31, 1993, 107 Stat. 101.

§5014 · Tax-exempt status

The corporation shall maintain its status as an organization exempt from taxation

under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.).

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1421.

§152910 · Records and inspection

(a) Records.—The corporation shall keep—

(1) correct and complete records of account;

(2) minutes of the proceedings of its members, board of directors, and committees having any of the authority of its board of directors; and

(3) at its principal office, a record of the names and addresses of its members entitled to vote.

(b) Inspection.—A member entitled to vote, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1421.

§152911 · Service of process

The corporation shall comply with the law on service of process of each State in which it is incorporated and each State in which it carries on activities.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1422.

§152912 · Liability for acts of officers and agents

The corporation is liable for the acts of its officers and agents acting within the scope of their authority.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1422.

§152913 · Annual report

The corporation shall submit an annual report to Congress on the activities of the corporation during the prior fiscal year. The report shall be submitted at the same time as the report of the audit required by section 10101 of this title. The report may not be printed as a public document.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1422.

Chapter 1531. The National Society of the Daughters of the American Revolution

§153101 · Organization

The National Society of the Daughters of the American Revolution (in this chapter, the “corporation”) is a body corporate and politic in the District of Columbia.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1422.

§153102 · Purposes

The purposes of the corporation are patriotic, historical, and educational, and include—

(1) perpetuating the memory and spirit of the men and women who achieved American independence by—

(A) acquiring and protecting historical spots and erecting monuments;

(B) encouraging historical research in relation to the Revolution and publishing its results;

(C) preserving documents and relics and the records of the individual services of Revolutionary soldiers and patriots; and

(D) promoting celebrations of all patriotic anniversaries;

(2) carrying out the injunction of Washington, in his farewell address to the American people, “to promote, as an object of primary importance, institutions for the general diffusion of knowledge,” thus developing an enlightened public opinion and affording to young and old such advantages as shall develop in them the largest capacity for performing the duties of American citizens;

(3) cherishing, maintaining, and extending the institutions of American freedom;

(4) fostering true patriotism and love of country; and

(5) aiding in securing for mankind all the blessings of liberty.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1422.

§153103 · Powers

The corporation may—

(1) adopt a constitution and bylaws;

(2) adopt a seal; and

(3) acquire, own, lease, encumber, and transfer property as necessary or convenient to carry out its purposes.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1423.

§153104 · Exclusive right to name, seals, emblems, and badges

The corporation and its subordinate divisions have the exclusive right to use the name “National Society of the Daughters of the American Revolution”. The corporation has the exclusive right to use and to allow others to use seals, emblems, and badges the corporation adopts.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1423.

§153105 · Principal office

The corporation shall have its headquarters or principal office in the District of Columbia.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1423.

§153106 · Deposit of historical material in Smithsonian Institution

The Regents of the Smithsonian Institution may permit the corporation to deposit its collections, manuscripts, books, pamphlets, and other material for history in the Smithsonian Institution or in the National Museum, on conditions and under rules they prescribe.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1423.

§153107 · Annual report

The corporation shall submit an annual report to the Secretary of the Smithsonian Institution on the activities of the corporation. The Secretary shall communicate to Congress any part of the report that the Secretary considers of national interest and importance.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1423.

Chapter 1533. National Society of the Sons of the American Revolution

§153301 · Organization

National Society of the Sons of the American Revolution (in this chapter, the “corporation”) is a body corporate and politic in the District of Columbia.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1423.

§153302 · Purposes

The purposes of the corporation are patriotic, historical, and educational, and include those intended or designed—

(1) to perpetuate the memory of the men who, by their services or sacrifices during the war of the American Revolution, achieved the independence of the American people;

(2) to unite and promote fellowship among their descendants;

(3) to inspire them and the community at large with a more profound reverence for the principles of the government founded by our forefathers;

(4) to encourage historical research in relation to the American Revolution;

(5) to acquire and preserve the records of the individual services of the patriots of the war, as well as documents, relics, and landmarks;

(6) to mark the scenes of the American Revolution by appropriate memorials;

(7) to celebrate the anniversaries of the prominent events of the war and of the Revolutionary period;

(8) to foster true patriotism;

(9) to maintain and extend the institutions of American freedom; and

(10) to carry out the purposes expressed in the preamble to the Constitution of our country and the injunctions of Washington in his farewell address to the American people.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1424.

§153303 · Powers

The corporation may—

(1) adopt and amend a constitution, bylaws, and regulations for the admission, government, suspension, and expulsion of its members;

(2) adopt and alter a seal;

(3) provide for the election of its officers and define their duties;

(4) provide for State societies or chapters with regulations for their conduct, and regulate and provide for the management, safe-keeping, and protection of their property and funds;

(5) acquire, own, lease, encumber, and transfer property as necessary or convenient to carry out the purposes of the corporation; and

(6) sue and be sued.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1424.

§153304 · Trustees

The property and affairs of the corporation shall be managed by at least 40 trustees. The trustees shall be elected annually at the time provided in the bylaws. At least one trustee shall be elected annually from a list of nominees to be made by each of the State societies and submitted to the corporation at least 30 days before the annual meeting, in accordance with provisions adopted by the corporation to regulate nominations.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1424.

Chapter 1535. National Tropical Botanical Garden

§153501 · Organization

(a) Federal Charter.—National Tropical Botanical Garden (in this chapter, the “corporation”) is a federally chartered corporation.

(b) Perpetual Existence.—Except as otherwise provided, the corporation has perpetual existence.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1425.

§153502 · Purposes

The purposes of the corporation are—

(1) to establish, develop, operate, and maintain for the benefit of the people of the United States an educational and scientific center in the form of one or more tropical botanical gardens, together with facilities such as libraries, herbaria, laboratories, and museums that are appropriate and necessary for encouraging and conducting research in basic and applied tropical botany;

(2) to foster and encourage fundamental research about tropical plant life and to encourage research and study of the uses of tropical flora in agriculture, forestry, horticulture, medicine, and other sciences;

(3) to disseminate through publications and other media the knowledge about basic and applied tropical botany acquired at the gardens;

(4) to collect and cultivate tropical flora of every nature and origin and to preserve for the people of the United States species of tropical plant life threatened with extinction; and

(5) to provide a beneficial facility that will contribute to the education, instruction, and recreation of the people of the United States.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1425.

§153503 · Membership

(a) Eligibility.—Except

as provided in

this chapter, eligibility for membership in the corporation and the rights and privileges of members are as provided in the constitution and bylaws of the corporation.

(b) Voting.—Each member (except an honorary or associate member) has one vote on each matter submitted to a vote at a meeting of the members.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1425.

§153504 · Governing body

(a) Board of Trustees.—(1) The board of trustees is the governing body of the corporation. The duties and powers of the board are as provided in the bylaws.

(2) The manner of selection and term of office of the trustees are as provided in the bylaws.

(b) Officers.—(1) The officers of the corporation are a president, one or more vice presidents, a secretary, a treasurer, and other officers as provided in the bylaws.

(2) The manner of election, term of office, and duties of the officers are as provided in the bylaws.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1425.

§153505 · Powers

The corporation may—

(1) adopt and amend bylaws for the management of its property and the regulation of its affairs;

(2) adopt and alter a corporate seal;

(3) choose officers, trustees, managers, employees, and agents as the activities of the corporation require;

(4) make contracts;

(5) acquire, own, lease, encumber, and transfer property as necessary or proper to carry out the purposes of the corporation;

(6) borrow money, issue instruments of indebtedness, and secure its obligations by granting security interests in its property;

(7) sue and be sued; and

(8) do any other act necessary and proper to carry out the purposes of the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1426.

§153506 · Exclusive right to name

The corporation has the exclusive right to use and to allow others to use the name “National Tropical Botanical Garden”.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1426.

§153507 · Restrictions

(a) Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend.

(b) Political Activities.—The corporation or a trustee or officer as such may not contribute to, support, or assist a political party or candidate for elective public office.

(c) Distribution of Income or Assets.—The income or assets of the corporation may not inure to the benefit of, or be distributed to, a trustee, officer, or member during the life of the corporation or on its dissolution or final liquidation. This subsection does not prevent the payment of reasonable compensation to an officer or reimbursement for actual necessary expenses in amounts approved by the board of trustees.

(d) Loans.—The corporation may not make a loan to a trustee, officer, or employee. Trustees who vote for or assent to making a loan to a trustee, officer, or employee, and officers who participate in making the loan, are jointly and severally liable to the corporation for the amount of the loan until it is repaid.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1426.

§153508 · Principal office and location of activities and gardens

(a) Principal Office.—The principal office of the corporation shall be in the District of Columbia or another place decided by the board of trustees.

(b) Location of Activities and Gardens.—The activities of the corporation may be conducted anywhere. However, the corporation may establish tropical botanical gardens only in the United States and its territories and possessions.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1426.

§153509 · Records and inspection

(a) Records.—The corporation shall keep—

(1) correct and complete records of account;

(2) minutes of the proceedings of its board of trustees and committees having any of the authority of its board of trustees; and

(3) at its principal office, a record of the names and addresses of its members entitled to vote.

(b) Inspection.—A member entitled to vote, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1426.

§153510 · Statement required in audit report

The corporation shall include in the audit report statement required under section 10101(b)(1)(B) of this title a schedule of all contracts requiring payments greater than $10,000 and all payments of compensation or fees at a rate of greater than $10,000 a year.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1427.

§153511 · Service of process

The corporation shall have a designated agent in the District of Columbia to receive service of process for the corporation. Notice to or service on the agent, or mailed to the business address of the agent, is notice to or service on the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1427.

§153512 · Liability for acts of officers and agents

The corporation is liable for the acts of its officers and agents acting within the scope of their authority.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1427.

§153513 · Distribution of assets on dissolution or final liquidation

(a) Allowable Recipients.—On dissolution or final liquidation of the corporation, any assets remaining after the discharge of all liabilities shall be distributed, as decided by the board of trustees, to—

(1) the United States Government, to be administered by the Secretary of the Interior under the Act of August 25, 1916 (16 U.S.C. 1 et seq.), known as the National Park Service Organic Act)); 

(2) a State or local government to be used for a public purpose.

(b) Restriction.—A distribution under subsection (a) of this section shall be consistent with the purposes of the corporation and in compliance with the charter and bylaws.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1427.

Chapter 1537. National Woman's Relief Corps, Auxiliary to the Grand Army of the Republic

§153701 · Organization

(a) Federal Charter.—National Woman's Relief Corps, Auxiliary to the Grand Army of the Republic (in this chapter, the “corporation”), is a federally chartered corporation.

(b) Place of Incorporation and Domicile.—The corporation is declared to be incorporated and domiciled in the District of Columbia.

(c) Perpetual Existence.—Except as otherwise provided, the corporation has perpetual existence.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1428.

§153702 · Purposes

The purposes of the corporation are—

(1) to perpetuate the memory of the Grand Army of the Republic, as the National Woman's Relief Corps is its auxiliary and was organized at its request in 1883, and of the men who saved the Union in 1861 to 1865;

(2) to assist in every practicable way in preserving, and making available for research, documents and records pertaining to the Grand Army of the Republic and its members;

(3) to cooperate in doing honor to all those who have served our country patriotically in any war;

(4) to teach patriotism, the duties of citizenship, the true history of our country, and the love and honor of our flag;

(5) to oppose every tendency or movement that would weaken loyalty to, destroy, or impair our constitutional Union; and

(6) to inculcate and broadly sustain the American principles of representative government, equal rights, and impartial justice for all.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1428.

§153703 · Membership

Except as provided in this chapter, eligibility for membership in the corporation and the rights, privileges, and designation of classes of members are as provided in the constitution and bylaws of the corporation. Eligibility for membership is limited to—

(1) women who are the wives, mothers, daughters, and sisters of Union soldiers, sailors, and marines; and

(2) other loyal women who have not given aid or comfort to the enemies of the United States of America.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1428.

§153704 · Governing body

(a) National Convention.—(1) The national convention is the supreme governing authority of the corporation.

(2) The national convention is composed of officers and elected representatives from the States as provided by the regulations of the corporation. However, the form of government of the corporation must be representative of the membership at large and may not permit concentration of control in a limited number of members or in a self-perpetuating group not representative of the membership at large.

(3) The meetings of the national convention may be held in the District of Columbia or in any State.

(4) During the intervals between the convention, the executive officers are the governing board of the corporation and are responsible for the general policies, program, and activities of the corporation.

(b) Council of Administration.—The council of administration of the corporation shall consist of at least 7 members elected in the manner and for the term provided in the constitution and bylaws of the corporation.

(c) Officers.—(1) The officers of the corporation are a national president, senior vice national president, junior vice national president, secretary, treasurer, and other officers as provided in the constitution and bylaws. One individual may hold the offices of secretary and treasurer.

(2) The titles, manner of election, term of office, and duties of the officers are as provided in the constitution and bylaws.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1428.

§153705 · Powers

The corporation may—

(1) adopt and amend a constitution and bylaws for the management of its property and the regulation of its affairs;

(2) adopt and alter a corporate seal;

(3) choose officers as the corporation requires;

(4) make contracts;

(5) acquire, own, lease, encumber, and transfer property as necessary or convenient to carry out the purposes of the corporation; and

(6) sue and be sued.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1429.

§153706 · Exclusive right to name, seals, emblems, and badges

The corporation and its subordinate corps have the exclusive right to use the name “National Woman's Relief Corps, Auxiliary to the Grand Army of the Republic”. The corporation has the exclusive right to use and to allow others to use seals, emblems, and badges the corporation adopts.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1429.

§153707 · Restrictions

(a) Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend.

(b) Political Activities.—The corporation or an officer or agent as such may not contribute to, support, or assist a political party or candidate for public office.

(c) Distribution of Income or Assets.—The income or assets of the corporation may not inure to the benefit of, or be distributed to, an officer or member during the life of the corporation or on its dissolution or final liquidation. This subsection does not prevent the payment of reasonable compensation to an officer or reimbursement for actual necessary expenses in amounts approved by the council of administration of the corporation.

(d) Loans.—The corporation may not make a loan or advance to an officer or member of the corporation. Members of the council of administration who vote for or assent to making a loan or advance to an officer or member, and officers who participate in making the loan or advance, are jointly and severally liable to the corporation for the amount of the loan or advance until it is repaid.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1429.

§153708 · Principal office

The principal office of the corporation shall be in Springfield, Illinois. However, the activities of the corporation are not confined to Springfield but may be conducted throughout the States of the United States and the District of Columbia.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1429.

§153709 · Records and inspection

(a) Records.—The corporation shall keep—

(1) correct and complete records of account; and

(2) minutes of the proceedings of its national convention.

(b) Inspection.—A member, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1430.

§153710 · Service of process

The corporation shall have a designated agent in the District of Columbia to receive service of process, notice, or demand for the corporation. Designation of the agent shall be filed in the office of the Mayor of the District of Columbia or another office designated by the Mayor. Notice to or service on the agent is notice to or service on the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1430.

§153711 · Liability for acts of officers and agents

The corporation is liable for the acts of its officers and agents acting within the scope of their authority.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1430.

§153712 · Annual report

Not later than 6 months after the end of each fiscal year, the corporation shall submit a report to Congress on the activities of the corporation during the prior fiscal year. The report may consist of a report on the proceedings of the national convention during that fiscal year. The report may not be printed as a public document.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1430.

§153713 · Distribution of assets on dissolution or final liquidation

On dissolution or final liquidation of the corporation, its assets shall be distributed as follows:

(1) All liabilities shall be paid and discharged, or adequate provision for payment and discharge shall be made.

(2) Assets held on condition requiring return or transfer on dissolution of the corporation shall be returned or transferred as required by the condition.

(3) Assets received and held subject to a limitation permitting use only for charitable, religious, benevolent, educational, or similar purposes, but not held on a condition requiring return or transfer on dissolution of the corporation, shall be transferred to one or more appropriate domestic or foreign corporations, societies, or organizations under a plan of distribution adopted as provided in this chapter.

(4) Other assets shall be distributed as provided by the articles of incorporation or bylaws to the extent that the articles or bylaws provide the distributive rights of members, or any class of members, or provide for distribution to others.

(5) Any remaining assets may be distributed to persons, societies, organizations, or domestic or foreign corporations engaged in activities not for profit, as provided in a plan of distribution adopted by the council of administration of the corporation and in compliance with the constitution and bylaws of the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1430.

Chapter 1539. The National Yoemen F

§153901 · Organization

The National Yoemen F (in this chapter, the “corporation”) is a body corporate and politic in the District of Columbia.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1431.

§153902 · Purposes

The purposes of the corporation are patriotic, historical, and educational and are—

(1) to foster and perpetuate the memory of the service of Yoemen (f) in the United States Naval Reserve Force of the United States Navy during World War I;

(2) to preserve the memories and incidents of their association in World War I by the encouragement of historical research concerning the service of Yoemen (f);

(3) to cherish, maintain, and extend the institutions of American freedom by the promotion of celebrations of all patriotic anniversaries;

(4) to foster true patriotism and love of country; and

(5) to aid in securing for mankind all the blessings of liberty.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1431.

§153903 · Powers

The corporation may—

(1) adopt a constitution and bylaws;

(2) adopt a seal; and

(3) hold real and personal property in the United States, but only to the extent necessary to carry out the purposes of the corporation and only in an amount not more than $50,000.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1431.

§153904 · Deposit of historical material

The Regents of the Smithsonian Institution may permit the corporation to deposit its collections, manuscripts, books, pamphlets, and other material for history in the Smithsonian Institution or in the National Museum, on conditions and under rules they prescribe.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1431.

Chapter 1541. Naval Sea Cadet Corps

§154101 · Organization

(a) Federal Charter.—Naval Sea Cadet Corps (in this chapter, the “corporation”) is a federally chartered corporation.

(b) Perpetual Existence.—Except as otherwise provided, the corporation has perpetual existence.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1432.

§154102 · Purposes

The purposes of the corporation are, through organization and cooperation with the Department of the Navy—

(1) to encourage and aid American young people to develop an interest and skill in basic seamanship and in its naval adaptations;

(2) to train them in seagoing skills; and

(3) to teach them patriotism, courage, self-reliance, and kindred virtues.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1432.

§154103 · Membership

Except as provided in this chapter, eligibility for membership in the corporation and the rights, privileges, and designation of classes of members are as provided in the constitution and bylaws of the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1432.

§154104 · Governing body

(a) Board of Directors.—(1) The board of directors is the governing body of the corporation. The board is responsible for the general policies and program of the corporation and the control of all funds of the corporation.

(2) The number of directors, their manner of selection (including the filling of vacancies), and their term of office are as provided in the constitution and bylaws. However, the board shall have at least 10 but not more than 25 directors.

(b) Officers.—(1) The officers of the corporation are a president, one or more vice presidents as provided in the constitution and bylaws, a secretary, a treasurer, and other officers as provided in the constitution and bylaws.

(2) The manner of election, term of office, and duties of the officers are as provided in the constitution and bylaws.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1432.

§154105 · Powers

The corporation may—

(1) adopt and amend a constitution and bylaws for the management of its property and the regulation of its affairs;

(2) adopt and alter a corporate seal;

(3) choose officers, managers, employees, and agents as the activities of the corporation require;

(4) make contracts;

(5) acquire, own, lease, encumber, and transfer property as necessary or convenient to carry out the purposes of the corporation;

(6) borrow money, issue instruments of indebtedness, and secure its obligations by granting security interests in its property; and

(7) sue and be sued.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1432.

§154106 · Exclusive right to name, insignia, emblems, badges, marks, and words

The corporation has the exclusive right to use the name “Naval Sea Cadet Corps” and distinctive insignia, emblems, and badges, descriptive or designating marks, and words or phrases required to carry out the duties and powers of the corporation. This section does not affect any vested rights.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1433.

§154107 · Restrictions

(a) Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend.

(b) Political Activities.—The corporation or a director or officer as such may not contribute to, support, or assist a political party or candidate for public office.

(c) Distribution of Income or Assets.—The income or assets of the corporation may not inure to the benefit of, or be distributed to, a director, officer, or member during the life of the corporation or on its dissolution or final liquidation. This subsection does not prevent the payment of compensation to an officer in an amount approved by the board of directors.

(d) Loans.—The corporation may not make a loan or advance to a director, officer, or employee. Directors who vote for or assent to making a loan or advance to a director, officer, or employee, and officers who participate in making the loan or advance, are jointly and severally liable to the corporation for the amount of the loan or advance until it is repaid.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1433.

§154108 · Principal office

The principal office of the corporation shall be in Tacoma, Washington, or another place decided by the board of directors. However, the activities of the corporation are not confined to the place where the principal office is located but may be conducted throughout the States, territories, and possessions of the United States.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1433.

§154109 · Records and inspection

(a) Records.—The corporation shall keep—

(1) correct and complete records of account;

(2) minutes of the proceedings of its members, board of directors, and committees having any of the authority of its board of directors; and

(3) at its principal office, a record of the names and addresses of its members entitled to vote.

(b) Inspection.—A member entitled to vote, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1433.

§154110 · Service of process

The corporation shall have a designated agent in the District of Columbia to receive service of process for the corporation. Notice to or service on the agent, or mailed to the business address of the agent, is notice to or service on the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1433.

§154111 · Liability for acts of officers and agents

The corporation is liable for the acts of its officers and agents acting within the scope of their authority.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1433.

§154112 · Annual report

The corporation shall submit an annual report to the Secretary of the Navy on the activities of the corporation during the prior calendar year. The Secretary shall communicate to Congress any part of the report that the Secretary considers appropriate.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1434.

§154113 · Distribution of assets on dissolution or final liquidation

On dissolution or final liquidation of the corporation, any assets remaining after the discharge of all liabilities shall be distributed as provided by the board of directors, but in compliance with the constitution and bylaws of the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1434.

Chapter 1543. Navy Club of the United States of America

§154301 · Organization

(a) Federal Charter.—Navy Club of the United States of America (in this chapter, the “corporation”) is a federally chartered corporation.

(b) Perpetual Existence.—Except as otherwise provided, the corporation has perpetual existence.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1434.

§154302 · Purposes

The purposes of the corporation are—

(1) to encourage, promote, and maintain comradeship among individuals who are or have been in the active service of the United States Navy, the United States Marine Corps, or the United States Coast Guard;

(2) to revere, honor, and perpetuate the memory of individuals described in paragraph (1) of this section who have departed this life;

(3) to promote and encourage further public interest in the United States Navy, the United States Marine Corps, and the United States Coast Guard, and the history of those organizations;

(4) to uphold the spirit and ideals of the United States Navy, the United States Marine Corps, and the United States Coast Guard;

(5) to promote the ideals of American freedom and democracy and to fit its members for the duties of citizenship and to encourage them to serve as ably as citizens as they have served the Nation under arms; and

(6) to maintain true allegiance to American institutions.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1434.

§154303 · Powers

The corporation may—

(1) adopt and amend bylaws;

(2) adopt and alter a corporate seal;

(3) appoint or elect officers and agents;

(4) choose a board of trustees, consisting of at least 5 but not more than 15 individuals, to conduct the business and exercise the powers of the corporation;

(5) establish and maintain offices to conduct its activities;

(6) acquire, own, lease, encumber, and transfer property as necessary or appropriate to carry out the purposes of the corporation;

(7) charge and collect membership dues and receive contributions of money or property to be devoted to carrying out the purposes of the corporation;

(8) sue and be sued; and

(9) do any other act necessary or appropriate to carry out the purposes of the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1434.

§154304 · Annual report

Not later than December 1 of each year, the corporation shall submit a report to Congress on the activities of the corporation during the prior calendar year. The report may not be printed as a public document.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1435.

Chapter 1545. Navy Wives Clubs of America

§154501 · Definition

For purposes of this chapter, “State” includes the District of Columbia and the territories and possessions of the United States.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1435.

§154502 · Organization

(a) Federal Charter.—Navy Wives Clubs of America (in this chapter, the “corporation”), incorporated in California, is a federally chartered corporation.

(b) Expiration of Charter.—If the corporation does not comply with any provision of this chapter,

title 26. If the corporation fails to maintain such status, the charter granted by this chapter

expires.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1435.

§154503 · Purposes

The purposes of the corporation are as provided in the articles of incorporation and include—

(1) supporting the Constitution of the United States;

(2) promoting a friendly relationship between the wives of enlisted men who are serving in the active United States Navy, United States Marine Corps, or United States Coast Guard, or in the Active Reserves of those services; and

(3) performing charitable activities as provided in the constitution or bylaws of the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1435.

§154504 · Membership

Eligibility for membership in the corporation and the rights and privileges of members are as provided in the bylaws.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1436.

§154505 · Governing body

(a) Board of Directors.—The board of directors and the responsibilities of the board are as provided in the articles of incorporation.

(b) Officers.—The officers and the election of officers are as provided in the articles of incorporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1436.

§154506 · Powers

The corporation has only the powers provided in its bylaws and articles of incorporation filed in each State in which it is incorporated.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1436.

§154507 · Restrictions

(a) Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend.

(b) Political Activities.—The corporation or a director or officer as such may not contribute to, support, or participate in any political activity or attempt to influence legislation.

(c) Distribution of Income or Assets.—The income or assets of the corporation may not inure to the benefit of, or be distributed to, a director, officer, or member during the life of the shall expire.

Pub. L. 102–484, div. A, title XVIII, §1815, Oct. 23, 1992, 106 Stat. 2583.

§5015 · Failure to comply with restrictions or provisions

The

charter granted by this

chapter. This subsection does not prevent the payment of reasonable compensation to an officer or reimbursement for actual necessary expenses in amounts approved by the board of directors.

(d) Loans.—The corporation may not make a loan to a director, officer, or employee.

(e) Claim of Governmental Approval or Authority.—The corporation may not claim congressional approval or the authority of the United States Government for any of its activities.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1436.

§154508 · Duty to maintain corporate and tax-exempt status

(a) Corporate Status.—The corporation shall maintain its status as a corporation incorporated under chapter shall expire if the corporation fails to comply with—

(1) any restriction or other provision of this chapter;

(2) any provision of its bylaws or articles of incorporation; or

(3) any provision of

the laws of each the District of Columbia that apply to corporations such as the corporation recognized under this chapter.

Pub. L. 102–484, div. A, title XVIII, §1816, Oct. 23, 1992, 106 Stat. 2583.

§5016 · “State” defined

For purposes of this chapter, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and the territories and possessions of the United States.

Pub. L. 102–484, div. A, title XVIII, §1817, Oct. 23, 1992, 106 Stat. 2584.

Chapter 83. Retired Enlisted Association, Incorporated

§5101 · Recognition as corporation and grant of Federal charter

The Retired Enlisted Association, Incorporated, a nonprofit corporation organized under the laws of the State of Colorado, is recognized as such and is granted a Federal charter.

Pub. L. 102–484, div. A, title XVIII, §1821, Oct. 23, 1992, 106 Stat. 2584.

§5102 · Powers of corporation

The Retired Enlisted Association, Incorporated (in this chapter referred to as the “corporation”) shall have only those powers granted to it through its bylaws and articles of incorporation filed in the State in which it is incorporated and subject to the laws of such State.

Pub. L. 102–484, div. A, title XVIII, §1822, Oct. 23, 1992, 106 Stat. 2584.

§5103 · Objects and purposes of corporation

The objects and purposes of the corporation are those provided in its bylaws and articles of incorporation and shall include the following:

(1) Upholding and defending the Constitution of the United States.

(2) Promoting health, prosperity, and scholarship among its members and their dependents and survivors through benevolent programs.

(3) Assisting veterans and their dependents and survivors through a service program established for that purpose.

(4) Improving conditions for retired enlisted service members, veterans, and their dependents and survivors.

(5) Fostering fraternal and social activities among its members in recognition that cooperative action is required for the furtherance of their common interests.

Pub. L. 102–484, div. A, title XVIII, §1823, Oct. 23, 1992, 106 Stat. 2584.

§5104 · Service of process

With respect to service of process, the corporation shall comply with the laws of the State in which it is incorporated and those States in which it carries on its activities in furtherance of its corporate purposes.

Pub. L. 102–484, div. A, title XVIII, §1824, Oct. 23, 1992, 106 Stat. 2584.

§5105 · Membership

Except as provided in section 5108 of this title, eligibility for membership in the corporation and the rights and privileges of members of the corporation shall be as provided in the articles of incorporation and bylaws of the corporation.

Pub. L. 102–484, div. A, title XVIII, §1825, Oct. 23, 1992, 106 Stat. 2584.

§5106 · Board of directors

Except as provided in section 5108 of this title, the composition of the board of directors of the corporation and the responsibilities of such board shall be as provided in the articles of incorporation of the corporation and in conformity with the laws of the State in which it is incorporated.

(b) Tax-Exempt Status.—The

Pub. L. 102–484, div. A, title XVIII, §1826, Oct. 23, 1992, 106 Stat. 2584.

§5107 · Officers

Except as provided in section 5108 of this title, the positions of officers of the corporation and the election of members to such positions shall be as provided in the articles of incorporation of the corporation and in conformity with the laws of the State in which it is incorporated.

Pub. L. 102–484, div. A, title XVIII, §1827, Oct. 23, 1992, 106 Stat. 2585.

§5108 · Prohibition on discrimination

In establishing the conditions of membership in the corporation and in determining the requirements for serving on the board of directors or as an officer of the corporation, the corporation may not discriminate on the basis of race, color, religion, sex, handicap, age or national origin.

Pub. L. 102–484, div. A, title XVIII, §1828, Oct. 23, 1992, 106 Stat. 2585; Pub. L. 103–160, div. A, title XI, §1182(c)(6), Nov. 30, 1993, 107 Stat. 1772.

§5109 · Restrictions

(a) Distribution of income or assets to members

No part of the income or assets of the corporation may inure to the benefit of any member, officer, or director of the corporation or be distributed to any such individual during the life of this charter. Nothing in this subsection shall be construed to prevent the payment of reasonable compensation to the officers of the corporation or reimbursement for actual necessary expenses in amounts approved by the board of directors.

(b) Loans

The corporation may not make any loan to any officer, director, or employee of the corporation.

(c) Issuance of stock; dividends

The corporation shall have no power to issue any shares of stock nor to declare or pay any dividends.

(d) Claim of approval or authorization

The corporation shall not claim congressional approval or the authorization of the Federal Government for any of its activities by virtue of this chapter.

Pub. L. 102–484, div. A, title XVIII, §1829, Oct. 23, 1992, 106 Stat. 2585.

§5110 · Liability for acts of officers and agents

The corporation shall be liable for the acts of its officers and agents whenever such officers and agents have acted within the scope of their authority.

Pub. L. 102–484, div. A, title XVIII, §1830, Oct. 23, 1992, 106 Stat. 2585.

§5111 · Books and records

The corporation shall keep correct and complete books and records of account and minutes of any proceeding of the corporation involving any of its members, the board of directors, or any committee having authority under the board of directors. The corporation shall keep, at its principal office, a record of the names and addresses of all members having the right to vote in any proceeding of the corporation. All books and records of such corporation may be inspected by any member having the right to vote in any corporation proceeding, or by any agent or attorney of such member, for any proper purpose at any reasonable time. Nothing in this section shall be construed to contravene any applicable State law.

Pub. L. 102–484, div. A, title XVIII, §1831, Oct. 23, 1992, 106 Stat. 2585.

§5112 · Annual report

The corporation shall report annually to the Congress concerning the activities of the corporation during the preceding fiscal year. Such annual report shall be submitted at the same time as the report of the audit required by section 1102 of this title. The report shall not be printed as a public document.

Pub. L. 102–484, div. A, title XVIII, §1833, Oct. 23, 1992, 106 Stat. 2586.

§5113 · Reservation of right to amend or repeal chapter

The right to alter, amend, or repeal this chapter is expressly reserved to the Congress.

Pub. L. 102–484, div. A, title XVIII, §1834, Oct. 23, 1992, 106 Stat. 2586; Pub. L. 103–35, title II, §202(a)(13), May 31, 1993, 107 Stat. 101.

§5114 · Tax-exempt status

The corporation shall maintain its status as an organization exempt from taxation

under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.).

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1436.

§154509 · Records and inspection

(a) Records.—The corporation shall keep—

(1) correct and complete records of account;

(2) minutes of the proceedings of its members, board of directors, and committees having any of the authority of its board of directors; and

(3) at its principal office, a record of the names and addresses of its members entitled to vote.

(b) Inspection.—A member entitled to vote, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1436.

§154510 · Service of process

The corporation shall comply with the law on service of process of each State in which it is incorporated and each State in which it carries on activities.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1437.

§154511 · Liability for acts of officers and agents

The corporation is liable for the acts of its officers and agents acting within the scope of their authority.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1437.

§154512 · Annual report

The corporation shall submit an annual report to Congress on the activities of the corporation during the prior fiscal year. The report shall be submitted at the same time as the report of the audit required by section 10101 of this title. The report may not be printed as a public document.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1437.

Chapter 1547. Non Commissioned Officers Association of the United States of America, Incorporated

§154701 · Definition

For purposes of this chapter, “State” includes the District of Columbia and the territories and possessions of the United States.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1437.

§154702 · Organization

(a) Federal Charter.—Non Commissioned Officers Association of the United States of America, Incorporated (in this chapter, the “corporation”), a nonprofit corporation incorporated in Texas, is a federally chartered corporation.

(b) Expiration of Charter.—If the corporation does not comply with any provision of this chapter,

as provided in title 26. If the corporation fails to maintain such status, the charter granted by this chapter

expires.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1437.

§154703 · Purposes

The purposes of the corporation are as provided in the bylaws and articles of incorporation and include—

(1) upholding and defending the Constitution of the United States;

(2) promoting health, prosperity, and scholarship among its members and their dependents and survivors through benevolent programs;

(3) assisting veterans and their dependents and survivors through a service program established for that purpose;

(4) improving conditions for service members, veterans, and their dependents and survivors; and

(5) fostering fraternal and social activities among its members in recognition that cooperative action is required for the furtherance of their common interests.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1437.

§154704 · Membership

(a) Eligibility.—Except as provided in this chapter, eligibility for membership in the corporation and the rights and privileges of members are as provided in the constitution and bylaws of the corporation.

(b) Nondiscrimination.—The terms of membership may not discriminate on the basis of race, color, religion, sex, disability, age, or national origin.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1438.

§154705 · Governing body

(a) Board of Directors.—The board of directors and the responsibilities of the board are as provided in the articles of incorporation.

(b) Officers.—The officers and the election of officers are as provided in the articles of incorporation.

(c) Nondiscrimination.—The requirements for serving as a director or officer may not discriminate on the basis of race, color, religion, sex, disability, age, or national origin.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1438.

§154706 · Powers

The corporation has only the powers provided in its bylaws and articles of incorporation filed in each State in which it is incorporated.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1438.

§154707 shall expire.

Pub. L. 102–484, div. A, title XVIII, §1835, Oct. 23, 1992, 106 Stat. 2586.

§5115 · Exclusive right to name, names, seals, emblems, and badges

The corporation

has the exclusive right to use the names “The Non Commissioned Officers Association of the United States of America”, “Non Commissioned Officers Association of the United States of America”, “Non Commissioned Officers Association”, and “NCOA”, and seals, emblems, and badges the corporation adopts. This section does not affect any vested rights.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1438.

§154708 · Restrictions

(a) Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend.

(b) Distribution of Income or Assets.—The income or assets of the corporation may not inure to the benefit of, or be distributed to, a director, officer, or member during the life of the charter granted by this chapter. This subsection does not prevent the payment of reasonable compensation to an officer or reimbursement for actual necessary expenses in amounts approved by the board of directors.

(c) Loans.—The corporation may not make a loan to a director, officer, or employee.

(d) Claim of Governmental Approval or Authority.—The corporation may not claim congressional approval or the authority of the United States Government for any of its activities.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1438.

§154709 · Duty to maintain tax-exempt status

The corporation shall maintain its status as an organization exempt from taxation under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.).

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1438.

§154710 · Records and inspection

(a) Records.—The corporation shall keep—

(1) correct and complete records of account;

(2) minutes of the proceedings of its members, board of directors, and committees having any of the authority of its board of directors; and

(3) at its principal office, a record of the names and addresses of its members entitled to vote.

(b) Inspection.—A member entitled to vote, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1439.

§154711 · Service of process

The corporation shall comply with the law on service of process of each State in which it is incorporated and each State in which it carries on activities.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1439.

§154712 · Liability for acts of officers and agents

The corporation is liable for the acts of its officers and agents acting within the scope of their authority.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1439.

§154713 · Annual report

The corporation shall submit an annual report to Congress on the activities of the corporation during the prior fiscal year. The report shall be submitted at the same time as the report of the audit required by section 10101 of this title. The report may not be printed as a public document.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1439.

Chapter 1601. [Reserved]

Chapter 1701. Paralyzed Veterans of America

§170101 · Organization

(a) Federal Charter.—Paralyzed Veterans of America (in this chapter, the “corporation”) is a federally chartered corporation.

(b) Perpetual Existence.—Except as otherwise provided, the corporation has perpetual existence.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1439.

§170102 · Purposes

The purposes of the corporation are—

(1) to preserve the great and basic truths and enduring principles on which this Nation was founded;

(2) to form a national association for the benefit of individuals who have suffered injuries or diseases of the spinal cord;

(3) to acquaint the public with the needs and problems of paraplegics;

(4) to promote medical research in the several fields connected with injuries and diseases of the spinal cord, including research in neurosurgery and orthopedics and in genitourinary and orthopedic appliances; and

(5) to advocate and foster complete and effective reconditioning programs for paraplegics, including a thorough physical reconditioning program, physiotherapy, competent walking instructions, adequate guidance (both vocational and educational), academic and vocational education (both in hospitals and in educational institutions), psychological orientation and readjustment to family and friends, and occupational therapy (both functional and diversional).

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1439.

§170103 · Membership

An individual is eligible for membership in the corporation if the individual—

(1) is a citizen of the United States;

(2) was regularly enlisted, inducted, or commissioned, and was accepted for or on active duty, in the Army, Navy, Marine Corps, Air Force, or Coast Guard of the United States or an ally of the United States;

(3)(A) was separated from service in the Armed Forces under conditions other than dishonorable; or

(B) is on active duty or must continue to serve after the cessation of hostilities; and

(4) has suffered a spinal cord injury or disease, whether or not service connected in origin.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1440.

§170104 · Powers

(a) Specific Powers.—The corporation may—

(1) adopt and amend a constitution and bylaws;

(2) adopt and alter a corporate seal, emblems, and badges;

(3) choose officers, representatives, and agents as necessary to carry out the purposes of the corporation;

(4) make contracts;

(5) accept gifts, legacies, and devises that will further the purposes of the corporation;

(6) acquire, own, lease, encumber, and transfer property as necessary to carry out the purposes of the corporation;

(7) borrow money, issue instruments of indebtedness, and secure its obligations by granting security interests in its property;

(8) establish, regulate, and discontinue subordinate State and regional organizations and local chapters or posts;

(9) establish and maintain offices to conduct the affairs of the corporation;

(10) publish a magazine, newspaper, and other publications;

(11) sue and be sued; and

(12) do any other act necessary and proper to carry out the purposes of the corporation.

(b) Privileges of Other National Veterans’ Organizations.—Privileges granted to other national veterans’ organizations as a result of their being incorporated by Congress are also granted to the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1440.

§170105 · Exclusive right to name, seals, emblems, and badges

The corporation and its State and regional organizations and local chapters or posts have the exclusive right to use the name “Paralyzed Veterans of America” and seals, emblems, and badges the corporation lawfully adopts.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1441.

§170106 · Restrictions

(a) Profit.—The corporation may not engage in business for profit.

(b) Stock.—The corporation may not issue stock.

(c) Political Activities.—The corporation shall be nonpolitical and may not provide financial aid to, or otherwise promote the candidacy of, an individual seeking public office.

(d) Distribution of Income or Assets.—The income or assets of the corporation may not inure to the benefit of, or be distributed to, a director, officer, member, or employee during the life of the corporation or on its dissolution or final liquidation. This subsection does not prevent the payment of reasonable compensation to an officer or employee or reimbursement for actual necessary expenses in amounts approved by the board of directors.

(e) Loans.—The corporation may not make a loan to a director, officer, member, or employee. Directors who vote for or assent to making such a loan, and officers who participate in making the loan, are jointly and severally liable to the corporation for the amount of the loan until it is repaid.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1441.

§170107 · Headquarters and principal place of business

The headquarters and principal place of business of the corporation shall be in the District of Columbia. However, the activities of the corporation are not confined to the District of Columbia but may be conducted throughout the States, territories, and possessions of the United States.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1441.

§170108 · Records and inspection

(a) Records.—The corporation shall keep—

(1) correct and complete records of account;

(2) minutes of the proceedings of its members, executive committee, and committees having any of the authority of its executive committee; and

(3) at its principal office, a record of the names and addresses of its members entitled to vote.

(b) Inspection.—A member entitled to vote, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1441.

§170109 · Service of process

As a condition to the exercise of any power or privilege granted by this chapter, the corporation shall file, with the secretary of state or other designated official of each State, territory, or possession of the United States in which an organization, chapter, or post is organized, the name and address of an agent in that State, territory, or possession on whom legal process or demands against the corporation may be served.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1441.

§170110 · Liability for acts of officers and agents

The corporation is liable for the acts of its officers and agents acting within the scope of their authority.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1442.

§170111 · Distribution of assets on dissolution or final liquidation

On dissolution or final liquidation of the corporation, any assets remaining after the discharge or satisfactory provision for discharge of all liabilities shall be transferred to the Secretary of Veterans Affairs to be applied to the care and comfort of paralyzed veterans.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1442.

Chapter 1703. Pearl Harbor Survivors Association

§170301 · Definition

For purposes of this chapter, “State” includes the District of Columbia and the territories and possessions of the United States.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1442.

§170302 · Organization

(a) Federal Charter.—Pearl Harbor Survivors Association (in this chapter, the “corporation”), a nonprofit corporation incorporated in Missouri, is a federally chartered corporation.

(b) Expiration of Charter.—If the corporation does not comply with any provision of this chapter, the charter granted by this chapter expires.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1442.

§170303 · Purposes

The purposes of the corporation are as provided in its articles of incorporation and include—

(1) upholding and defending the Constitution of the United States;

(2) collating, preserving, and encouraging the study of historical episodes, chronicles, mementos, and events pertaining to “The Day of Infamy, 7 December 1941”, and in particular those memories and records of patriotic service performed by the heroic Pearl Harbor survivors and nonsurvivors;

(3) shielding from neglect the graves, past and future, of those who served at Pearl Harbor on that day;

(4) stimulating communities and political subdivisions into taking more interest in the affairs and future of the United States to keep our Nation alert;

(5) fighting unceasingly for our national security to protect the United States from enemies within and without our borders;

(6) preserving the American way of life and fostering the spirit and practice of Americanism; and

(7) instilling love of country and flag and promoting soundness of mind and body in the youth of our Nation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1442.

§170304 · Membership

(a) Eligibility.—Eligibility for membership in the corporation and the rights and privileges of members are as provided in the constitution and bylaws of the corporation.

(b) Nondiscrimination.—The terms of membership may not discriminate on the basis of race, color, religion, or national origin.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1443.

§170305 · Governing body

(a) Board of Directors.—The board of directors and the responsibilities of the board are as provided in the articles of incorporation.

(b) Officers.—The officers and the election of officers are as provided in the articles of incorporation.

(c) Nondiscrimination.—The requirements for holding office in the corporation may not discriminate on the basis of race, color, religion, or national origin.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1443.

§170306 · Powers

The corporation has the powers provided in its bylaws and articles of incorporation filed in the State in which it is incorporated, including the power to—

(1) adopt and amend a constitution and bylaws for the management of its property and the regulation of its affairs;

(2) adopt and alter a corporate seal;

(3) adopt emblems and badges;

(4) establish, maintain, and regulate offices to conduct the affairs of the corporation;

(5) publish a magazine and other publications;

(6) charge and collect membership dues and subscription fees and receive contributions or grants of money or property to be used to carry out the purposes of the corporation;

(7) accept gifts, legacies, and devises that will further the purposes of the corporation;

(8) promote the formation of auxiliaries, the membership requirements of which shall be as provided in the constitution and the bylaws of the corporation;

(9) sue and be sued; and

(10) do any other act necessary or desirable to carry out the purposes of the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1443.

§170307 · Exclusive right to name, seals, emblems, and badges

The corporation and its regional districts and local branches have the exclusive right to use the name “Pearl Harbor Survivors Association” and seals, emblems, and badges the corporation adopts.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1443.

§170308 · Restrictions

(a) Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend.

(b) Political Activities.—The corporation or a director or officer as such may not contribute to, support, or participate in any political activity or in any manner attempt to influence legislation.

(c) Distribution of Income or Assets.—The income or assets of the corporation may not inure to the benefit of, or be distributed to, a director, officer, or member during the life of the charter granted by this chapter or on dissolution or final liquidation of the corporation. This subsection does not prevent the payment of compensation to an officer or reimbursement for actual necessary expenses in amounts approved by the board of directors.

(d) Loans.—The corporation may not make a loan to a director, officer, or employee.

(e) Claim of Governmental Approval or Authorization.—The corporation may not claim congressional approval or the authority of the United States Government for any of its activities.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1443.

§170309 · Duty to maintain tax-exempt status

The corporation shall maintain its status as an organization exempt from taxation under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.).

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1444.

§170310 · Records and inspection

(a) Records.—The corporation shall keep—

(1) correct and complete records of account;

(2) minutes of the proceedings of its members, board of directors, and committees having any of the authority of its board of directors; and

(3) at its principal office, a record of the names and addresses of its members entitled to vote.

(b) Inspection.—A member entitled to vote, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1444.

§170311 · Service of process

The corporation shall comply with the law on service of process of each State in which it is incorporated and each State in which it carries on activities.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1444.

§170312 · Liability for acts of officers and agents

The corporation is liable for the acts of its officers and agents acting within the scope of their authority.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1444.

§170313 · Annual report

The corporation shall submit an annual report to Congress on the activities of the corporation during the prior fiscal year. The report shall be submitted at the same time as the report of the audit required by section 10101 of this title. The report may not be printed as a public document.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1444.

Chapter 1705. Polish Legion of American Veterans, u.s.A.

§170501 · Definition

For purposes of this chapter, “State” includes the District of Columbia and the territories and possessions of the United States.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1445.

§170502 · Organization

(a) Federal Charter.—Polish Legion of American Veterans, U.S.A. (in this chapter, the “corporation”), a nonprofit corporation incorporated in Illinois, is a federally chartered corporation.

(b) Expiration of Charter.—If the corporation does not comply with any provision of this chapter, the charter granted by this chapter expires.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1445.

§170503 · Purposes

The purposes of the corporation are as provided in its articles of incorporation. The corporation shall function as a veterans’ and patriotic organization as authorized by the laws of each State in which it is incorporated.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1445.

§170504 · Membership

(a) Eligibility.—Except as provided in this chapter, eligibility for membership in the corporation and the rights and privileges of members are as provided in the constitution and bylaws of the corporation.

(b) Nondiscrimination.—The terms of membership may not discriminate on the basis of race, color, religion, or national origin.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1445.

§170505 · Governing body

(a) Board of Directors.—The board of directors and the responsibilities of the board are as provided in the articles of incorporation.

(b) Officers.—The officers and the election of officers are as provided in the articles of incorporation.

(c) Nondiscrimination.—The requirements for holding office in the corporation may not discriminate on the basis of race, color, religion, or national origin.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1445.

§170506 · Powers

The corporation has only the powers provided in its bylaws and articles of incorporation filed in each State in which it is incorporated.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1445.

§170507 · Restrictions

(a) Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend.

(b) Political Activities.—The corporation or a director or officer as such may not contribute to, support, or participate in any political activity or in any manner attempt to influence legislation.

(c) Distribution of Income or Assets.—The income or assets of the corporation may not inure to the benefit of, or be distributed to, a director, officer, or member during the life of the charter granted by this chapter. This subsection does not prevent the payment of reasonable compensation to an officer or reimbursement for actual necessary expenses in amounts approved by the board of directors.

(d) Loans.—The corporation may not make a loan to a director, officer, or employee.

(e) Claim of Governmental Approval or Authorization.—The corporation may not claim congressional approval or the authority of the United States Government for any of its activities.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1445.

§170508 · Duty to maintain tax-exempt status

The corporation shall maintain its status as an organization exempt from taxation under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.).

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1446.

§170509 · Records and inspection

(a) Records.—The corporation shall keep—

(1) correct and complete records of account;

(2) minutes of the proceedings of its members, board of directors, and committees having any of the authority of its board of directors; and

(3) at its principal office, a record of the names and addresses of its members entitled to vote.

(b) Inspection.—A member entitled to vote, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1446.

§170510 · Service of process

The corporation shall comply with the law on service of process of each State in which it is incorporated and each State in which it carries on activities.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1446.

§170511 · Liability for acts of officers and agents

The corporation is liable for the acts of its officers and agents acting within the scope of their authority.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1446.

§170512 · Annual report

The corporation shall submit an annual report to Congress on the activities of the corporation during the prior fiscal year. The report shall be submitted at the same time as the report of the audit required by section 10101 of this title. The report may not be printed as a public document.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1446.

Chapter 1801. [Reserved]

Chapter 1901. Reserve Officers Association of the United States

§190101 · Organization

(a) Federal Charter.—Reserve Officers Association of the United States (in this chapter, the “corporation”) is a federally chartered corporation.

(b) Perpetual Existence.—Except as otherwise provided, the corporation has perpetual existence.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1447.

§190102 · Purposes

The purposes of the corporation are to support and promote the development and execution of a military policy for the United States that will provide adequate national security.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1447.

§190103 · Membership

(a) Eligibility.—Eligibility for membership in the corporation is as provided in the constitution and bylaws of the corporation.

(b) Voting.—Each active member of a department or chapter has one vote in the conduct of official business of that department or chapter.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1447.

§190104 · Governing body

(a) National Convention.—The corporation shall hold an annual national convention. The national convention shall be composed of delegates elected by the various departments.

(b) National Executive Committee.—(1) The national executive committee is the governing body of the corporation.

(2) The national executive committee consists of the president, the last past president, 3 vice presidents, 3 junior vice presidents, 3 national executive committee members, and the executive director. Each of these individuals, except the executive director, has one vote on each matter decided by the committee.

(c) Officers.—(1) The officers of the corporation are a president, 3 vice presidents, 3 junior vice presidents, 3 national executive committee members, an executive director, a national treasurer, a judge advocate, a surgeon, a chaplain, a historian, a public relations officer, and other officers as decided at the national convention.

(2) The national officers of the corporation shall be elected at the annual national convention, except for the executive director, the national treasurer, and the national public relations officer, who shall be appointed by the national executive committee.

(3) The elected officers shall hold office for one year or until their successors have been elected and qualified.

(d) Vacancies.—(1) Except for the positions of president and last past president, a vacancy on the national executive committee shall be filled by the existing members of the committee. An individual appointed by the committee to fill a vacancy serves until the next national convention when the individual's successor shall be elected for the unexpired term, if any, caused by the vacancy.

(2) If the president is absent or the office of president is vacant, the national vice president of the same service as the president shall act as president.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1447.

§190105 · Powers

The corporation may—

(1) adopt and amend a constitution and bylaws;

(2) adopt and alter a corporate seal;

(3) adopt and alter emblems and badges;

(4) acquire, own, lease, encumber, and transfer property as necessary to carry out the purposes of the corporation;

(5) publish a magazine, newspaper, and other publications;

(6) establish, regulate, and discontinue subordinate departmental subdivisions and local chapters;

(7) sue and be sued; and

(8) do any other act necessary and proper to carry out the purposes of the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1447.

§190106 · Exclusive right to name, seals, emblems, and badges

The corporation and its subordinate departmental subdivisions and local chapters have the exclusive right to use the name “Reserve Officers Association of the United States” and seals, emblems, and badges the corporation adopts.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1448.

§190107 · Restrictions

(a) Profit.—The corporation may not engage in business for profit.

(b) Stock.—The corporation may not issue stock.

(c) Political Activities.—The corporation or an officer or member as such may not contribute to, support, or assist a political party or candidate for public office.

(d) Distribution of Income or Assets.—The income or assets of the corporation may not inure to the benefit of, or be distributed to, an officer or member except on dissolution or final liquidation of the corporation.

(e) Loans.—The corporation may not make a loan or advance to an officer or member of the national executive committee. Members of the national executive committee who vote for or assent to making a loan or advance to an officer, and officers who participate in making the loan or advance, are jointly and severally liable to the corporation for the amount of the loan or advance until it is repaid.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1448.

§190108 · Headquarters

The headquarters of the corporation shall be in the District of Columbia.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1448.

§190109 · Records and inspection

(a) Records.—The corporation shall keep—

(1) correct and complete records of account;

(2) minutes of the proceedings of its national conventions, national executive committee, and national council; and

(3) at its principal office, a record of the names and addresses of its members entitled to vote.

(b) Inspection.—A member entitled to vote, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1448.

§190110 · Service of process

(a) District of Columbia.—The corporation shall have a designated agent in the District of Columbia to receive service of process for the corporation. Notice to or service on the agent is notice to or service on the corporation.

(b) States, Territories, and Possessions.—As a condition to the exercise of any power or privilege granted by this chapter, the corporation shall file, with the secretary of state or other designated official of each State, territory, or possession of the United States in which a subordinate department or local chapter is organized, the name and address of an agent in that State, territory, or possession on whom legal process or demands against the corporation may be served.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1448.

§190111 · Liability for acts of officers and agents

The corporation is liable for the acts of its officers and agents acting within the scope of their authority.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1449.

§190112 · Distribution of assets on dissolution or final liquidation

On dissolution or final liquidation of the corporation, any assets remaining after the discharge of all liabilities shall be divided equally among the then active officers and members.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1449.

Chapter 1903. Retired Enlisted Association, Incorporated

§190301 · Definition

For purposes of this chapter, “State” includes the District of Columbia and the territories and possessions of the United States.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1449.

§190302 · Organization

(a) Federal Charter.—Retired Enlisted Association, Incorporated (in this chapter, the “corporation”), a nonprofit corporation incorporated in Colorado, is a federally chartered corporation.

(b) Expiration of Charter.—If the corporation does not comply with any provision of this chapter, the charter granted by this chapter expires.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1449.

§190303 · Purposes

The purposes of the corporation are as provided in its articles of incorporation and bylaws and include—

(1) upholding and defending the Constitution of the United States;

(2) promoting health, prosperity, and scholarship among its members and their dependents and survivors through benevolent programs;

(3) assisting veterans and their dependents and survivors through a service program established for that purpose;

(4) improving conditions for retired enlisted service members, veterans, and their dependents and survivors; and

(5) fostering fraternal and social activities among its members in recognition that cooperative action is required for the furtherance of their common interests.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1449.

§190304 · Membership

(a) Eligibility.—Except as provided in this chapter, eligibility for membership in the corporation and the rights and privileges of members are as provided in the articles of incorporation and bylaws.

(b) Nondiscrimination.—The terms of membership may not discriminate on the basis of race, color, religion, sex, disability, age, or national origin.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1450.

§190305 · Governing body

(a) Board of Directors.—The board of directors and the responsibilities of the board are as provided in the articles of incorporation.

(b) Officers.—The officers and the election of officers are as provided in the articles of incorporation.

(c) Nondiscrimination.—The requirements for serving as a director or officer may not discriminate on the basis of race, color, religion, sex, disability, age, or national origin.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1450.

§190306 · Powers

The corporation has only the powers provided in its bylaws and articles of incorporation filed in each State in which it is incorporated.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1450.

§190307 · Exclusive right to name, seals, emblems, and badges

The corporation has the

shall have the sole and exclusive right to use the names “The Retired Enlisted Association, Incorporated”, “The Retired Enlisted Association”, “Retired Enlisted Association”, and “TREA” and “TREA”, and such seals, emblems, and badges

the corporation adopts. This section does not affect any vested rights.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1450.

§190308 · Restrictions

(a) Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend.

(b) Distribution of Income or Assets.—The income or assets of the corporation may not inure to the benefit of, or be distributed to, a director, officer, or member during the life of as the corporation may lawfully adopt. Nothing in this section may be construed to conflict or interfere with rights that are established or vested before October 23, 1992.

Pub. L. 102–484, div. A, title XVIII, §1836, Oct. 23, 1992, 106 Stat. 2586.

§5116 · Failure to comply with restrictions or provisions

If the corporation fails to comply with any of the restrictions or provisions of this chapter,

the charter granted by this chapter. This subsection does not prevent the payment of reasonable compensation to chapter shall expire.

Pub. L. 102–484, div. A, title XVIII, §1837, Oct. 23, 1992, 106 Stat. 2586.

§5117 · “State” defined

For purposes of this chapter, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and the territories and possessions of the United States.

Pub. L. 102–484, div. A, title XVIII, §1838, Oct. 23, 1992, 106 Stat. 2586.

Chapter 84. National Fallen Firefighters Foundation

§5201 · Establishment and purposes of Foundation

(a) Establishment

There is established the National Fallen Firefighters Foundation (hereafter in this chapter referred to as the “Foundation”). The Foundation is a charitable and nonprofit corporation to be organized under the laws of the State of Maryland and is not an agency or establishment of the United States.

(b) Purposes

The purposes of the Foundation are—

(1) primarily to encourage, accept, and administer private gifts of property for the benefit of the National Fallen Firefighters’ Memorial and the annual memorial service associated with it;

(2) to provide financial assistance to families of fallen firefighters for transportation to and lodging at non-Federal facilities during the annual memorial service;

(3) to assist State and local efforts to recognize firefighters who die in the line of duty; and

(4) to provide scholarships and other financial assistance for educational purposes and job training for the spouses and children of fallen firefighters.

Pub. L. 102–522, title II, §202, Oct. 26, 1992, 106 Stat. 3417.

§5202 · Board of Directors

(a) Establishment and membership

(1) Voting members

The Foundation shall have a governing Board of Directors (hereafter in this chapter referred to as the “Board”), which shall consist of nine voting members, of whom—

(A) one member shall be an active volunteer firefighter;

(B) one member shall be an active career firefighter;

(C) one member shall be a Federal firefighter; and

(D) six members shall have a demonstrated interest in the fire service.

(2) Nonvoting member

The Administrator of the United States Fire Administration of the Federal Emergency Management Agency (hereafter in this chapter referred to as the “Administrator”) shall be an ex officio nonvoting member of the Board.

(3) Status of Board members

Appointment to the Board shall not constitute employment by, or the holding of an office of, the United States for the purposes of any Federal law.

(4) Compensation

Members of the Board shall serve without compensation.

(b) Appointment and terms

Within 3 months after October 26, 1992, the Administrator shall appoint the voting members of the Board. The voting members shall be appointed for terms of 6 years, except that the Administrator, in making the initial appointments to the Board, shall appoint—

(1) three members to a term of 2 years;

(2) three members to a term of 4 years; and

(3) three members to a term of 6 years.

(c) Vacancy

A vacancy on the Board shall be filled within 60 days in the manner in which the original appointment was made.

(d) Chairman

The Chairman shall be elected by the Board from its voting members for a 2-year term.

(e) Quorum

A majority of the current membership of the Board shall constitute a quorum for the transaction of business.

(f) Meetings

The Board shall meet at the call of the Chairman at least once a year. If a member of the Board misses three consecutive meetings, that individual may be removed from the Board and that vacancy filled in accordance with subsection (c) of this section.

(g) General powers

(1) Actions by the Board

The Board may complete the organization of the Foundation by—

(A) appointing no more than two officers or employees;

(B) adopting a constitution and bylaws consistent with this chapter; and

(C) undertaking other such acts as may be necessary to carry out this chapter.

(2) Limitation

Officers and employees may not be appointed until the Foundation has sufficient funds to pay for their services.

(h) Officers and employees

(1) Status

Officers and employees of the Foundation shall not be considered Federal employees, shall be appointed without regard to title 5 governing appointments in the competitive service, and may be paid without regard to chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates.

(2) Maximum salary

No officer or employee may receive pay in excess of the annual rate of basic pay prescribed for level GS–15 of the General Schedule under section 5107 of title 5.

Pub. L. 102–522, title II, §203, Oct. 26, 1992, 106 Stat. 3417.

§5203 · Rights and obligations of Foundation

(a) In general

The Foundation—

(1) shall have perpetual succession;

(2) may conduct business throughout the several States, territories, and possessions of the United States;

(3) shall have its principal offices in the State of Maryland; and

(4) shall at all times maintain a designated agent authorized to accept service of process for the Foundation.

(b) Seal

The Foundation shall have an official seal selected by the Board which shall be judicially noticed.

(c) Powers

To carry out its purposes under section 5201 of this title, the Foundation shall have, in addition to the powers otherwise given it under this chapter, the usual powers of a corporation acting as a trustee in the State of Maryland, including the power—

(1) to accept, receive, solicit, hold, administer, and use any gift, devise, or bequest, either absolutely or in trust, of real or personal property or any income therefrom or other interest therein;

(2) to sue and be sued, and complain and defend itself in any court of competent jurisdiction, except that the members of the Board shall not be personally liable, except for gross negligence;

(3) unless otherwise required by the instrument of transfer, to sell, donate, lease, invest, or otherwise dispose of any property or income therefrom;

(4) to enter into contracts and other arrangements with public agencies and private organizations and persons and to make such payments as may be necessary to carry out its functions; and

(5) to do any and all acts necessary and proper to carry out the purposes of the Foundation.

Pub. L. 102–522, title II, §204, Oct. 26, 1992, 106 Stat. 3419.

§5204 · Administrative services and support

The Administrator may provide personnel, facilities, and other administrative services to the Foundation and shall require and accept reimbursements for such personnel, facilities, and services that shall be deposited in the Treasury to the credit of the appropriations then current and chargeable for the cost of providing such services. Notwithstanding any other provision of law, Federal personnel and stationery shall not be used to solicit funding for the Foundation.

Pub. L. 102–522, title II, §205, Oct. 26, 1992, 106 Stat. 3419.

§5205 · Volunteer status

The Administrator may accept, without regard to the Federal civil service classification laws, rules, or regulations, the services of the Foundation, the Board, and the officers and employees of the Board, without compensation from the United States Fire Administration, as volunteers in the performance of the functions authorized under this chapter.

Pub. L. 102–522, title II, §206, Oct. 26, 1992, 106 Stat. 3419.

§5206 · Audits, report requirements, and petition of Attorney General for equitable relief

(a) Audits

For purposes of the Act entitled “An Act to provide for audit of accounts of private corporations established under Federal law”, approved August 30, 1964 (36 U.S.C. 1101 et seq.), the Foundation shall be treated as a private corporation established under Federal law.

(b) Report

The Foundation shall, within 4 months after the end of each fiscal year, prepare and submit to the appropriate committees of the Congress a report of the Foundation's proceedings and activities during such year, including a full and complete statement of its receipts, expenditures, and investments.

(c) Relief for certain Foundation acts or failures to act

If the Foundation—

(1) engages in, or threatens to engage in, any act, practice, or policy that is inconsistent with the purposes set forth in section 5201(b) of this title; or

(2) refuses, fails, or neglects to discharge its obligations under this chapter, or threatens to do so,

the Attorney General may petition in the United States District Court for the District of Columbia for such equitable relief as may be necessary or appropriate.

Pub. L. 102–522, title II, §207, Oct. 26, 1992, 106 Stat. 3420.

§5207 · Immunity of United States

The United States shall not be liable for any debts, defaults, acts, or omissions of the Foundation nor shall the full faith and credit of the United States extend to any obligation of the Foundation.

Pub. L. 102–522, title II, §208, Oct. 26, 1992, 106 Stat. 3420.

Chapter 85. National Education Association of the United States

§5301 · Corporation created

The following-named persons, who are now the officers and directors and trustees of the National Educational Association, a corporation organized in the year eighteen hundred and eighty-six, under the Act of general incorporation of the revised statutes of the District of Columbia, namely: Nathan C. Schaeffer, Eliphalet Oram Lyte, John W. Lansinger, of Pennsylvania; Isaac W. Hill, of Alabama; Arthur J. Matthews, of Arizona; John H. Hinemon, George B. Cook, of Arkansas; Joseph O'Connor, Josiah L. Pickard, Arthur H. Chamberlain, of California; Aaron Gove, Ezekiel H. Cook, Lewis C. Greenlee, of Colorado; Charles H. Keyes, of Connecticut; George W. Twitmyer, of Delaware; J. Ormond Wilson, William T. Harris, Alexander T. Stuart, of the District of Columbia; Clem Hampton, of Florida; William M. Slaton, of Georgia; Frances Mann, of Idaho; J. Stanley Brown, Albert G. Lane, Charles I. Parker, John W. Cook, Joshua Pike, Albert R. Taylor, Joseph A. Mercer, of Illinois; Nebraska Cropsey, Thomas A. Mott, of Indiana; John D. Benedict, of Indian Territory; John F. Riggs, Ashley V. Storm, of Iowa; John W. Spindler, Jasper N. Wilkinson, A. V. Jewett, Luther D. Whittemore, of Kansas; William Henry Bartholomew, of Kentucky; Warren Easton, of Louisiana; John S. Locke, of Maine; M. Bates Stephens, of Maryland; Charles W. Eliot, Mary H. Hunt, Henry T. Bailey, of Massachusetts; Hugh A. Graham, Charles G. White, William H. Elson, of Michigan; William F. Phelps, Irwin Shepard, John A. Cranston, of Minnesota; Robert B. Fulton, of Mississippi; F. Louis Soldan, James M. Greenwood, William J. Hawkins, of Missouri; Oscar J. Craig, of Montana; George L. Towne, of Nebraska; Joseph E. Stubbs, of Nevada; James E. Klock, of New Hampshire; James M. Green, John Enright, of New Jersey; Charles M. Light, of New Mexico; James H. Canfield, Nicholas Murray Butler, William H. Maxwell, Charles R. Skinner, Albert P. Marble, James C. Byrnes, of New York; James Y. Joyner, Julius Isaac Foust, of North Carolina; Pitt Gordon Knowlton, of North Dakota; Oscar T. Corson, Jacob A. Shawan, Wells L. Griswold, of Ohio; Edgar S. Vaught, Andrew R. Hickam, of Oklahoma; Charles Carroll Stratton, Edwin D. Ressler, of Oregon; Thomas W. Bicknell, Walter Ballou Jacobs, of Rhode Island; David B. Johnson, Robert P. Pell, of South Carolina; Moritz Adelbert Lange, of South Dakota; Eugene F. Turner, of Tennessee; Lloyd E. Wolfe, of Texas; David H. Christensen, of Utah; Henry O. Wheeler, Isaac Thomas, of Vermont; Joseph L. Jarman, of Virginia; Edward T. Mathes, of Washington; T. Marcellus Marshall, Lucy Robinson, of West Virginia; Lorenzo D. Harvey, of Wisconsin; Thomas T. Tynan, of Wyoming; Cassia Patton, of Alaska; Frank H. Ball, of Porto Rico; Arthur F. Griffiths, of Hawaii; C. H. Maxson, of the Philippine Islands, and such other persons as now are or may hereafter be associted with them as officers or members of said association, are hereby incorporated and declared to be a body corporate of the District of Columbia by the name of the “National Education Association of the United States,” and by that name shall be known and have perpetual succession with the powers, limitations, and restrictions herein contained.

June 30, 1906, ch. 3929, §1, 34 Stat. 804.

§5302 · Purpose and object of corporation

The purpose and object of the said corporation shall be to elevate the character and advance the interests of the profession of teaching, and to promote the cause of education in the United States. This corporation shall include the National Council of Education and the following departments, and such others as may hereafter be created by organization or consolidation, to wit: The departments, first, of superintendence; second, of normal schools; third, of elementary education; fourth, of higher education; fifth, of manual training; sixth, of art education; seventh, of kindergarten education; eighth, of music education; ninth, of secondary education; tenth, of business education; eleventh, of child study; twelfth, of physical education; thirteenth, of natural science instruction; fourteenth, of school administration; fifteenth, the library department; sixteenth, of special education; seventeenth, of Indian education; the powers and duties and the number and names of these departments and of the National Council of Education may be changed or abolished at the pleasure of the corporation as provided in its by-laws.

June 30, 1906, ch. 3929, §2, 34 Stat. 805.

§5303 · Powers of corporation

The said corporation shall further have power to have and to use a common seal, and to alter and change the same at its pleasure; to sue or to be sued in any court of the United States, or other court of competent jurisdiction; to make bylaws not inconsistent with the provisions of this chapter or of the Constitution of the United States; to take or receive, whether by gift, grant, devise, bequest, or purchase, any real or personal estate, and to hold, grant, transfer, sell, convey, hire, or lease the same for the purpose of its incorporation; to accept and administer any trust of real or personal estate for any educational purpose within the objects of the corporation; and to borrow money for its corporate purposes, issue bonds therefor, and secure the same by mortgage, deed of trust, pledge, or otherwise.

June 30, 1906, ch. 3929, §3, 34 Stat. 805; June 30, 1969, Pub. L. 91–37, §1[(a)], 83 Stat. 42.

§5304 · Tax-exempt status

All real property of the corporation within the District of Columbia, which shall be used by the corporation for the educational or other purposes of the corporation as aforesaid, other than the purposes of producing income, and all personal property and funds of the corporation held, used, or invested for educational purposes aforesaid, or to produce income to be used for such purposes, shall be exempt from taxation: Provided, however, That this exemption shall not apply to any property of the corporation which shall not be used for or the income of which shall not be applied to the educational purposes of the corporation: And provided further, That the corporation shall annually file with the Secretary of Education a report in writing stating in detail the property, real and personal, held by the corporation, and the expenditure or other use or disposition of the same, or the income thereof, during the preceding year.

June 30, 1906, ch. 3929, §4, 34 Stat. 805; Pub. L. 96–88, title III, §301(a)(1), title V, §507, Oct. 17, 1979, 93 Stat. 677, 692.

§5305 · Membership

The qualifications, classifications, rights, and obligations of members of said corporation shall be prescribed in the bylaws of the corporation.

June 30, 1906, ch. 3929, §5, 34 Stat. 805; June 14, 1937, ch. 336, §1, 50 Stat. 257.

§5306 · Officers

(a) The officers of the corporation shall be a president, one or more vice presidents, a secretary, a treasurer, a board of directors, an executive committee, and such boards, councils, committees, and other officers as shall be prescribed in the bylaws.

(b) Except as limited by this chapter, the bylaws of the corporation shall prescribe the powers, duties, terms of office, and the manner of election or appointment of the said officers, boards, councils, and committees; and the said corporation may by its bylaws make other and different provisions as to the numbers and names of the officers, boards, councils, and committees.

June 30, 1906, ch. 3929, §6, 34 Stat. 805; June 14, 1937, ch. 336, §2, 50 Stat. 257; June 30, 1969, Pub. L. 91–37, §1(b), 83 Stat. 43.

§5307 · Permanent Fund of the National Education Association

(a) Establishment; spending or transfer limitations

The invested fund now known as the “Permanent Fund of the National Education Association,” shall be held in such corporation as a Permanent Fund and shall be in charge of the Executive Committee, which shall provide for the safekeeping and investment of such fund, and of all other funds which the corporation may receive by donation, bequest, or devise. No part of the principal of such Permanent Fund or its accretions shall be expended or transferred to the General Fund, except by a two-thirds vote of the Representative Assembly, after the proposed expenditure or transfer has been approved by the Executive Committee and the Board of Directors, and after printed notice of the proposed expenditure or transfer has been printed in the Journal of the National Education Association at least two months prior to the meeting of the Representative Assembly.

(b) Use of income

The income of the Permanent Fund shall be used only to meet the cost of maintaining the organization of the Association and of publishing its annual volume of Proceedings, unless the terms of the donation, bequest, or devise shall otherwise specify or the bylaws of the corporation shall otherwise provide.

(c) Secretary of Association

The Executive Committee shall elect the secretary of the Association, who shall be secretary of the Executive Committee, and shall fix the compensation and the term of his office for a period not to exceed four years.

June 30, 1906, ch. 3929, §7, 34 Stat. 806; June 14, 1937, ch. 336, §3, 50 Stat. 257; June 30, 1969, Pub. L. 91–37, §1(c), 83 Stat. 43.

§5308 · Principal office

The principal office of the said corporation shall be in the city of Washington, District of Columbia: Provided, That the meetings of the corporation, its officers, committees, and departments, may be held, and that its business may be transacted and an office or offices may be maintained elsewhere within the United States, as may be determined, in accordance with the by-laws.

June 30, 1906, ch. 3929, §8, 34 Stat. 807; June 14, 1937, ch. 336, §4, 50 Stat. 258.

§5309 · Charter

The charter, constitution, and by-laws of the National Educational Association shall continue in full force and effect until the charter granted by this chapter shall be accepted by such association at the next annual meeting of the association, and until new by-laws shall be adopted, and the present officers, directors, and trustees of said association shall continue to hold office and perform their respective duties as such until the expiration of the terms for which they were severally elected or appointed, and until their successors are elected. At such annual meeting the active members of the National Educational Association then present may organize and proceed to accept the charter granted by this chapter and adopt by-laws, to elect officers to succeed those whose terms have expired or are about to expire, and generally to organize the “National Education Association of the United States,” and the board of trustees of the corporation hereby incorporated shall thereupon, if the charter granted by this chapter be accepted, receive, take over, and enter into possession, custody, and management of all property, real and personal, of the corporation heretofore known as the National Educational Association, incorporated as aforesaid under the Revised Statutes of the District of Columbia, and all its rights, contracts, claims, and property of every kind and nature whatsoever; and the several officers, directors, and trustees of such last-named association, or any other person having charge of any of the securities, funds, books, or property thereof, real or personal, shall on demand deliver the same to the proper officers, directors, or trustees of the corporation hereby created: Provided, That a verified certificate executed by the presiding officer and secretary of such annual meeting, showing the acceptance of the charter granted by this chapter by the National Educational Association shall be legal evidence of the fact, when filed with the recorder of deeds of the District of Columbia: And provided further, That in the event of the failure of the association to accept the charter granted by this chapter at said annual meeting, then the charter of the National Educational Association and its corporate existence shall be, and are hereby, extended until the thirty-first day of July, nineteen hundred and eight, and at any time before said date its charter may be extended in the manner and form provided by the general corporation law of the District of Columbia.

June 30, 1906, ch. 3929, §9, 34 Stat. 807.

§5310 · Rights of creditors

The rights of creditors of the said existing corporation, known as the National Educational Association, shall not in any manner be impaired by the passage of this chapter, or the transfer of the property heretofore mentioned, nor shall any liability or obligation, or the payment of any sum due or to become due, or any claim or demand, in any manner, or for any cause existing against the said existing corporation, be released or impaired; and the corporation hereby incorporated is declared to succeed to the obligations and liabilities, and to be held liable to pay and discharge all of the debts, liabilities, and contracts of the said corporation so existing, to the same effect as if such new corporation had itself incurred the obligation or liability to pay such debt or damages, and no action or proceeding before any court or tribunal shall be deemed to have abated or been discontinued by reason of this chapter.

June 30, 1906, ch. 3929, §10, 34 Stat. 807.

§5311 · Reservation of right to amend or repeal chapter

Congress may from time to time alter, repeal, or modify this chapter, but no contract or individual right made or acquired shall thereby be divested or impaired.

June 30, 1906, ch. 3929, §11, 34 Stat. 808.

Chapter 86. Society of American Florists and Ornamental Horticulturists

§5401 · Corporation created

James Dean, of Freeport; Charles W. Ward, of Queens; William Scott, of Buffalo; and Charles Henderson, of New York City, all in the State of New York; William J. Stewart, Michael H. Norton, and Patrick Welch, of Boston; Edmund M. Wood, of Natick; and Lawrence Cotter, of Dorchester, all in the State of Massachusetts; Edward G. Hill, of Richmond, in the State of Indiana; John N. May, of Summitt, John G. Esler, of Saddle River; Patrick O'Mara, of Jersey City; William A. Manda, of South Orange, all in the State of New Jersey; Benjamin Durfee, William R. Smith, William F. Gude, and Henry Small, Junior, of Washington, in the District of Columbia; Willis N. Rudd, of Chicago; Emil Buettner, of Park Ridge; John C. Vaughan, of Chicago, all in the State of Illinois; Joseph A. Dirwanger, of Portland, in the State of Maine; Robert Craig, Edwin Lonsdale, W. Atlee Burpee, and John Burton, of Philadelphia; H. B. Beatty, of Oil City; and William Falconer, of Pittsburgh; all in the State of Pennsylvania; George M. Kellogg, of Pleasant Hill, in the State of Missouri; John T. D. Fulmer, of Des Moines, and J. C. Rennison, of Sioux City, in the State of Iowa; L. A. Berckmans, of Augusta, in the State of Georgia; H. Papworth, of New Orleans, in the State of Louisiana; Elmer D. Smith, of Adrian, and Harry Balsley, of Detroit, in the State of Michigan; F. A. Whelan, of Mount Vernon on the Potomac, in the State of Virginia; Adam Graham, of Cleveland, in the State of Ohio; William Fraser, of Baltimore, in the State of Maryland; John Spalding, of New London, and John N. Champion, of New Haven, in the State of Connecticut; and Charles W. Hoitt, of Nashua, in the State of New Hampshire, their associates and successors, are hereby created a body corporate and politic, within the District of Columbia, by the name of the Society of American Florists and Ornamental Horticulturists, for the education of the general public and of members of the florist industry in the subjects of, and for the scientific development of, floriculture and horticulture in all their branches. Said corporation is authorized to adopt a constitution and to make bylaws not inconsistent with law, to hold real and personal estate in the District of Columbia and elsewhere, so far only as may be necessary to its lawful ends, to an amount not exceeding $1,000,000, and such other estate as may be donated or bequeathed in any State or Territory: Provided, That all property so held, and the proceeds thereof, shall be held and used solely for the purposes set forth in this chapter. Said corporation shall operate without profit and any earnings and/or surplus funds that may be created through any of its educational or scientific activities shall be available only for the further accomplishment of the corporation's stated purposes. The principal office of the corporation shall be located within the District of Columbia, but the annual meetings may be held in such other places as the incorporators or their successors shall determine: Provided, That this corporation shall not be permitted to occupy any park in the city of Washington.

Mar. 3, 1901, ch. 876, §1, 31 Stat. 1453; June 29, 1938, ch. 796, 52 Stat. 1226.

§5402 · Reservation of right to amend or repeal chapter

Congress reserves the right to alter, amend, or repeal this chapter in whole or in part.

Mar. 3, 1901, ch. 876, §2, 31 Stat. 1454; June 29, 1938, ch. 796, 52 Stat. 1227.

Chapter 87. Corporation for the Promotion of Rifle Practice and Firearms Safety

Subchapter I—Establishment and Operation of Corporation

§5501 · Establishment of Corporation

(a) Establishment

There is established a private, nonprofit corporation to be known as the “Corporation for the Promotion of Rifle Practice and Firearms Safety” (in this chapter referred to as the “Corporation”).

(b) Private, nonprofit status

(1) The Corporation shall not be considered to be a department, agency, or instrumentality of the Federal Government. An officer or employee of the Corporation shall not be considered to be an officer or employee of the Federal Government.

(2) The Corporation shall be operated in a manner and for purposes that qualify the Corporation for exemption from taxation under section 501(a) of title 26 as an organization described in section 501(c)(3) of such title.

(c) Board of Directors

(1) The Corporation shall have a Board of Directors consisting of not less than nine members.

(2) The Board of Directors may adopt bylaws, policies, and procedures for the Corporation and may take any other action that the Board of Directors considers necessary for the management and operation of the Corporation.

(3) Each member of the Board of Directors shall serve for a term of two years. Members of the Board of Directors are eligible for reappointment.

(4) A vacancy on the Board of Directors shall be filled by a majority vote of the remaining members of the Board.

(5) 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)) serve for a term of one year.

(d) Director of Civilian Marksmanship

(1) The Board of Directors shall appoint an individual to serve as the Director of Civilian Marksmanship.

(2) The Director shall be responsible for the performance of the daily operations of the Corporation and the functions described in section 5502 of this title.

Pub. L. 104–106, div. A, title XVI, §1611, Feb. 10, 1996, 110 Stat. 515.

§5502 · Conduct of Civilian Marksmanship Program

(a) Functions

The Corporation 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) of this section, including the performance of the following:

(1) The instruction of citizens of the United States in marksmanship.

(2) The promotion of practice and safety in the use of firearms, including the conduct of matches and competitions in the use of those firearms.

(3) The award to competitors of trophies, prizes, badges, and other insignia.

(4) The provision of security and accountability for all firearms, ammunition, and other equipment under the custody and control of the Corporation.

(5) The issue, loan, or sale of firearms, ammunition, supplies, and appliances under section 5504 of this title.

(6) The procurement of necessary supplies, appliances, clerical services, other related services, and labor to carry out the Civilian Marksmanship Program.

(b) Priority for youth activities

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.

(c) Access to surplus property

(1) The Corporation may obtain surplus property and supplies from the Defense Reutilization Marketing Service to carry out the Civilian Marksmanship Program.

(2) Any transfer of property and supplies to the Corporation under paragraph (1) shall be made without cost to the Corporation.

(d) Transfer of Civilian Marksmanship Program to Corporation

(1) The Secretary of the Army shall provide for the transition of the Civilian Marksmanship Program, as defined in section 4308(e) of title 10 (as such section was in effect on the day before February 10, 1996), from conduct by the Department of the Army to conduct by the Corporation. The transition shall be completed not later than September 30, 1996.

(2) To carry out paragraph (1), the Secretary shall provide such assistance and take such action as is necessary to maintain the viability of the program and to maintain the security of firearms, ammunition, and other property that are transferred or reserved for transfer to the Corporation under section 5505, 5506, or 5521 of this title.

Pub. L. 104–106, div. A, title XVI, §1612, Feb. 10, 1996, 110 Stat. 516.

§5503 · Eligibility for participation in Civilian Marksmanship Program

(a) Certification requirement

(1) Before a person may participate in any activity sponsored or supported by the Corporation, the person shall be required to certify by affidavit the following:

(A) The person has not been convicted of any Federal or State felony or violation of section 922 of title 18.

(B) The person is not a member of any organization that advocates the violent overthrow of the United States Government.

(2) The Director of Civilian Marksmanship may require any person to attach to the person's affidavit a certification from the appropriate State or Federal law enforcement agency for purposes of paragraph (1)(A).

(b) Ineligibility resulting from certain convictions

A person who has been convicted of a Federal or State felony or a violation of section 922 of title 18 shall not be eligible to participate in any activity sponsored or supported by the Corporation through the Civilian Marksmanship Program.

(c) Authority to limit participation

The Director of Civilian Marksmanship may limit participation as necessary to ensure—

(1) quality instruction in the use of firearms;

(2) the safety of participants; and

(3) the security of firearms, ammunition, and equipment.

Pub. L. 104–106, div. A, title XVI, §1613, Feb. 10, 1996, 110 Stat. 517.

§5504 · Issuance, loan, and sale of firearms and ammunition by Corporation

(a) Issuance and loan

For purposes of training and competition, the Corporation may issue or loan, with or without charges to recover administrative costs, caliber .22 rimfire and caliber .30 surplus rifles, caliber .22 and .30 ammunition, air rifles, targets, and other supplies and appliances necessary for activities related to the Civilian Marksmanship Program to the following:

(1) Organizations affiliated with the Corporation that provide training in the use of firearms to youth.

(2) The Boy Scouts of America.

(3) 4–H Clubs.

(4) Future Farmers of America.

(5) Other youth-oriented organizations.

(b) Sales

(1) The Corporation may sell at fair market value caliber .22 rimfire and caliber .30 surplus rifles, caliber .22 and .30 ammunition, air rifles, repair parts, and accouterments to organizations affiliated with the Corporation that provide training in the use of firearms.

(2) Subject to subsection (e) of this section, the Corporation may sell at fair market value caliber .22 rimfire and caliber .30 surplus rifles, ammunition, targets, repair parts and accouterments, 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 affiliated with the Corporation. In addition to any other requirement, the Corporation shall establish procedures to obtain a criminal records check of the person with appropriate Federal and State law enforcement agencies.

(c) Limitations on sales

(1) The Corporation may not offer for sale any repair part designed to convert any firearm to fire in a fully automatic mode.

(2) The Corporation may not sell rifles, ammunition, or any other item available for sale to individuals under the Civilian Marksmanship Program to a person who has been convicted of a felony or a violation of section 922 of title 18.

(d) Oversight and accountability

The Corporation shall be responsible for ensuring adequate oversight and accountability of all firearms issued or loaned under this section. The Corporation shall prescribe procedures for the security of issued or loaned firearms in accordance with Federal, State, and local laws.

(e) Applicability of other law

(1) Subject to paragraph (2), sales under subsection (b)(2) of this section are subject to applicable Federal, State, and local laws.

(2) Paragraphs (1), (2), (3), and (5) of section 922(a) of title 18 do not apply to the shipment, transportation, receipt, transfer, sale, issuance, loan, or delivery by the Corporation of any item that the Corporation is authorized to issue, loan, sell, or receive under this chapter.

Pub. L. 104–106, div. A, title XVI, §1614, Feb. 10, 1996, 110 Stat. 517.

§5505 · Transfer of firearms and ammunition from Army to Corporation

(a) Transfers required

The Secretary of the Army shall, in accordance with subsection (b) of this section, transfer to the Corporation all firearms and ammunition that on the day before February 10, 1996, are under the control of the Director of the Civilian Marksmanship Program, including—

(1) all firearms on loan to affiliated clubs and State associations;

(2) all firearms in the possession of the Civilian Marksmanship Support Detachment; and

(3) all M–1 Garand and caliber .22 rimfire rifles stored at Defense Distribution Depot, Anniston, Anniston, Alabama.

(b) Time for transfer

The Secretary shall transfer firearms and ammunition under subsection (a) of this section as and when necessary to enable the Corporation—

(1) to issue or loan such items in accordance with section 5504(a) of this title; or

(2) to sell such items to purchasers in accordance with section 5504(b) of this title.

(c) Parts

The Secretary may make available to the Corporation any part from a rifle designated to be demilitarized in the inventory of the Department of the Army.

(d) Vesting of title in transferred items

Title to an item transferred to the Corporation under this section shall vest in the Corporation—

(1) upon the issuance of the item to a recipient eligible under section 5504(a) of this title to receive the item; or

(2) immediately before the Corporation delivers the item to a purchaser of the item in accordance with a contract for a sale of the item that is authorized under section 5504(b) of this title.

(e) Costs of transfers

Any transfer of firearms, ammunition, or parts to the Corporation under this section shall be made without cost to the Corporation, except that the Corporation shall assume the cost of preparation and transportation of firearms and ammunition transferred under this section.

Pub. L. 104–106, div. A, title XVI, §1615, Feb. 10, 1996, 110 Stat. 518; Pub. L. 104–201, div. A, title X, §1073(c)(1), Sept. 23, 1996, 110 Stat. 2657.

§5506 · Reservation by Army of firearms and ammunition for Corporation

(a) Reservation of firearms and ammunition

The Secretary of the Army shall reserve for the Corporation the following:

(1) All firearms referred to in section 5505(a) of this title.

(2) Ammunition for such firearms.

(3) All M–16 rifles used to support the small arms firing school that are held by the Department of the Army on February 10, 1996.

(4) Any parts from, and accessories and accouterments for, surplus caliber .30 and caliber .22 rimfire rifles.

(b) Storage of firearms and ammunition

Firearms stored at Defense Distribution Depot, Anniston, Anniston, Alabama, before February 10, 1996, and used for the Civilian Marksmanship Program shall remain at that facility, or another storage facility designated by the Secretary of the Army, without cost to the Corporation, until the firearms are issued, loaned, or sold by, or otherwise transferred to, the Corporation.

(c) Limitation on demilitarization of M–1 rifles

After February 10, 1996, the Secretary may not demilitarize any M–1 Garand rifle in the inventory of the Army unless that rifle is determined by the Defense Logistics Agency to be unserviceable.

(d) Exception for transfers to Federal and State agencies for counterdrug purposes

The requirement specified in subsection (a) of 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. 104–106, div. A, title XVI, §1616, Feb. 10, 1996, 110 Stat. 519; Pub. L. 104–201, div. A, title X, §1073(c)(2), Sept. 23, 1996, 110 Stat. 2658.

§5507 · Army logistical support for Program

(a) Logistical support

The Secretary of the Army shall provide logistical support to the Civilian Marksmanship Program and for competitions and other activities conducted by the Corporation. The Corporation shall reimburse the Secretary for incremental direct costs incurred in providing such support. Such reimbursements shall be credited to the appropriations account of the Department of the Army that is charged to provide such support.

(b) Reserve component personnel

The Secretary shall provide, without cost to the Corporation, for the use of members of the National Guard and Army Reserve to support the National Matches as part of the performance of annual training pursuant to titles 10 and 32.

(c) Use of Department of Defense facilities for National Matches

The National Matches may continue to be held at those Department of Defense facilities at which the National Matches were held before February 10, 1996.

(d) Regulations

The Secretary shall prescribe regulations to carry out this section.

Pub. L. 104–106, div. A, title XVI, §1617, Feb. 10, 1996, 110 Stat. 519.

§5508 · General authorities of Corporation

(a) Donations and fees

(1) The Corporation may solicit, accept, hold, use, and dispose of donations of money, property, and services received by gift, devise, bequest, or otherwise.

(2) The Corporation may impose, collect, and retain such fees as are reasonably necessary to cover the direct and indirect costs of the Corporation to carry out the Civilian Marksmanship Program.

(3) Amounts collected by the Corporation under the authority of this subsection, including the proceeds from the sale of firearms, ammunition, targets, and other supplies and appliances, may be used only to support the Civilian Marksmanship Program.

(b) Corporate seal

The Corporation may adopt, alter, and use a corporate seal, which shall be judicially noticed.

(c) Contracts

The Corporation may enter into contracts, leases, agreements, or other transactions.

(d) Obligations and expenditures

The Corporation may 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.

(e) Related authority

The Corporation may take such other actions as are necessary or appropriate to carry out the authority provided in this section.

Pub. L. 104–106, div. A, title XVI, §1618, Feb. 10, 1996, 110 Stat. 520.

§5509 · Distribution of corporate assets in event of dissolution

(a) Distribution

If the Corporation dissolves, then—

(1) upon the dissolution of the Corporation, title to all firearms stored at Defense Distribution Depot, Anniston, Anniston, Alabama, on the date of the dissolution, all M–16 rifles that are transferred to the Corporation under section 5505(a)(2) of this title, that are referred to in section 5506(a)(3) of this title, or that are otherwise under the control of the Corporation, and all trophies received by the Corporation from the National Board for the Promotion of Rifle Practice as of such date, shall vest in the Secretary of the Army, and the Secretary shall have the immediate right to the possession of such items;

(2) assets of the Corporation, other than assets described in paragraph (1), may be distributed by the Corporation to an organization that—

(A) is exempt from taxation under section 501(a) of title 26 as an organization described in section 501(c)(3) of such title; and

(B) performs functions similar to the functions described in section 5502(a) of this title; and

(3) all assets of the Corporation that are not distributed pursuant to paragraphs (1) and (2) shall be sold, and the proceeds from the sale of such assets shall be deposited in the Treasury.

(b) Prohibition

Assets of the Corporation that are distributed pursuant to the authority of subsection (a) of this section may not be distributed to an individual.

Pub. L. 104–106, div. A, title XVI, §1619, Feb. 10, 1996, 110 Stat. 520; Pub. L. 104–201, div. A, title X, §1073(c)(3), Sept. 23, 1996, 110 Stat. 2658.

Subchapter II—Transitional Provisions

§5521 · Transfer of funds and property to Corporation

(a) Funds

(1) On the date of the submission of a certification in accordance with section 5523 of this title or, if earlier, October 1, 1996, the Secretary of the Army shall transfer to the Corporation—

(A) the amounts that are available to the National Board for the Promotion of Rifle Practice from sales programs and fees collected in connection with competitions sponsored by the Board; and

(B) all funds that are in the nonappropriated fund account known as the National Match Fund.

(2) The funds transferred under paragraph (1)(A) shall be used to carry out the Civilian Marksmanship Program.

(3) Transfers under paragraph (1)(B) shall be made without cost to the Corporation.

(b) Property

The Secretary of the Army shall, as soon as practicable, transfer to the Corporation the following:

(1) All automated data equipment, all other office equipment, targets, target frames, vehicles, and all other property under the control of the Director of Civilian Marksmanship and the Civilian Marksmanship Support Detachment on the day before February 10, 1996 (other than property to which section 5505(a) of this title applies).

(2) Title to property under the control of the National Match Fund on such day.

(3) All supplies and appliances under the control of the Director of the Civilian Marksmanship Program on such day.

(c) Offices

The Corporation may use the office space of the Office of the Director of Civilian Marksmanship until the date on which the Secretary of the Army completes the transfer of the Civilian Marksmanship Program to the Corporation. The Corporation shall assume control of the leased property occupied as of February 10, 1996, by the Civilian Marksmanship Support Detachment, located at the Erie Industrial Park, Port Clinton, Ohio.

(d) Costs of transfers

Any transfer of items to the Corporation under this section shall be made without cost to the Corporation.

Pub. L. 104–106, div. A, title XVI, §1621, Feb. 10, 1996, 110 Stat. 521.

§5522 · Continuation of eligibility for certain Civil Service benefits for former Federal employees of Civilian Marksmanship Program

(a) Continuation of eligibility

Notwithstanding any other provision of law, a Federal employee who is employed by the Department of Defense to support the Civilian Marksmanship Program as of the day before the date of the transfer of the Program to the Corporation and is offered employment by the Corporation as part of the transition described in section 5502(d) of this title may, if the employee becomes employed by the Corporation, continue to be eligible during continuous employment with the Corporation for the Federal health, retirement, and similar benefits (including life insurance) for which the employee would have been eligible had the employee continued to be employed by the Department of Defense. The employer's contribution for such benefits shall be paid by the Corporation.

(b) Regulations

The Director of the Office of Personnel Management shall prescribe regulations to carry out subsection (a) of this section.

Pub. L. 104–106, div. A, title XVI, §1622, Feb. 10, 1996, 110 Stat. 521.

§5523 · Certification of completion of transition

(a) Certification requirement

Upon completion of the appointment of the Board of Directors for the Corporation under section 5501(c)(5) of this title and of the transition required under section 5502(d) of this title, the Secretary of the Army shall submit to the Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives a certification of the completion of such actions.

(b) Publication of certification

The Secretary shall take such actions as are necessary to ensure that the certification is published in the Federal Register promptly after the submission of the certification under subsection (a) of this section.

Pub. L. 104–106, div. A, title XVI, §1623, Feb. 10, 1996, 110 Stat. 522.

Chapter 88. Fleet Reserve Association

§5601 · Recognition and grant of Federal charter

The Fleet Reserve Association, a nonprofit corporation organized under the laws of the State of Delaware, is recognized as such and granted a Federal charter.

Pub. L. 104–201, div. A, title XVIII, §1801, Sept. 23, 1996, 110 Stat. 2760.

§5602 · Powers

The Fleet Reserve Association (in this chapter referred to as the “association”) shall have only those powers granted to it through its bylaws and articles of incorporation filed in the State of Delaware and subject to the laws of that State.

Pub. L. 104–201, div. A, title XVIII, §1802, Sept. 23, 1996, 110 Stat. 2760.

§5603 · Purposes

The purposes of the association are those provided in its bylaws and articles of incorporation and shall include the following:

(1) Upholding and defending the Constitution of the United States.

(2) Aiding and maintaining an adequate naval defense for the United States.

(3) Assisting the recruitment of the best personnel available for the United States Navy, United States Marine Corps, and United States Coast Guard.

(4) Providing for the welfare of the personnel who serve in the United States Navy, United States Marine Corps, and United States Coast Guard.

(5) Continuing to serve loyally the United States Navy, United States Marine Corps, and United States Coast Guard.

(6) Preserving the spirit of shipmanship by providing assistance to shipmates and their families.

(7) Instilling love of the United States and the flag and promoting soundness of mind and body in the youth of the United States.

Pub. L. 104–201, div. A, title XVIII, §1803, Sept. 23, 1996, 110 Stat. 2760.

§5604 · Service of process

With respect to service of process, the association shall comply with the laws of the State of Delaware and those States in which it carries on its activities in furtherance of its corporate purposes.

Pub. L. 104–201, div. A, title XVIII, §1804, Sept. 23, 1996, 110 Stat. 2761.

§5605 · Membership

Except as provided in section 5608(g) of this title, eligibility for membership in the association and the rights and privileges of members shall be as provided in the bylaws and articles of incorporation of the association.

Pub. L. 104–201, div. A, title XVIII, §1805, Sept. 23, 1996, 110 Stat. 2761.

§5606 · Board of directors

Except as provided in section 5608(g) of this title, the composition of the board of directors of the association and the responsibilities of the board shall be as provided in the bylaws and articles of incorporation of the association and in conformity with the laws of the State of Delaware.

Pub. L. 104–201, div. A, title XVIII, §1806, Sept. 23, 1996, 110 Stat. 2761.

§5607 · Officers

Except as provided in section 5608(g) of this title, the positions of officers of the association and the election of members to such positions shall be as provided in the bylaws and articles of incorporation of the association and in conformity with the laws of the State of Delaware.

Pub. L. 104–201, div. A, title XVIII, §1807, Sept. 23, 1996, 110 Stat. 2761.

§5608 · Restrictions

(a) Income and compensation

No part of the income or assets of the association may inure to the benefit of any member, officer, or director of the association or be distributed to any such individual during the life of this charter. Nothing in this subsection may be construed to prevent the payment of reasonable compensation to the officers and employees of the association or reimbursement for actual and necessary expenses in amounts approved by the board of directors.

(c) Loans.—The corporation

(b) Loans

The association may not make

a loan to a director, officer, or employee.(d) Claim of Governmental Approval or Authority.—The corporation any loan to any member, officer, director, or employee of the association.

(c) Issuance of stock and payment of dividends

The association may not issue any shares of stock or declare or pay any dividends.

(d) Disclaimer of congressional or Federal approval

The association

may not claim congressional approval or the authority of the United States the approval of the Congress or the authorization of the Federal Government for any of its

activities.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1450.

§190309 · Duty to maintain tax-exempt status

The corporation shall activities by virtue of this chapter.

(e) Corporate status

The association shall maintain its status as a corporation organized and incorporated under the laws of the State of Delaware.

(f) Corporate function

The association shall function as an educational, patriotic, civic, historical, and research organization under the laws of the State of Delaware.

(g) Nondiscrimination

In establishing the conditions of membership in the association and in determining the requirements for serving on the board of directors or as an officer of the association, the association may not discriminate on the basis of race, color, religion, sex, handicap, age, or national origin.

Pub. L. 104–201, div. A, title XVIII, §1808, Sept. 23, 1996, 110 Stat. 2761.

§5609 · Liability

The association shall be liable for the acts of its officers, directors, employees, and agents whenever such individuals act within the scope of their authority.

Pub. L. 104–201, div. A, title XVIII, §1809, Sept. 23, 1996, 110 Stat. 2762.

§5610 · Maintenance and inspection of books and records

(a) Books and records of account

The association shall keep correct and complete books and records of account and minutes of any proceeding of the association involving any of its members, the board of directors, or any committee having authority under the board of directors.

(b) Names and addresses of members

The association shall keep at its principal office a record of the names and addresses of all members having the right to vote in any proceeding of the association.

(c) Right to inspect books and records

All books and records of the association may be inspected by any member having the right to vote in any proceeding of the association, or by any agent or attorney of such member, for any proper purpose at any reasonable time.

(d) Application of State law

This section may not be construed to contravene any applicable State law.

Pub. L. 104–201, div. A, title XVIII, §1810, Sept. 23, 1996, 110 Stat. 2762.

§5611 · Annual report

The association shall annually submit to Congress a report concerning the activities of the association during the preceding fiscal year. The annual report shall be submitted on the same date as the report of the audit required by reason of the amendment made in section 1101(77) of this title. The annual report shall not be printed as a public document.

Pub. L. 104–201, div. A, title XVIII, §1812, Sept. 23, 1996, 110 Stat. 2762.

§5612 · Reservation of right to alter, amend, or repeal chapter

The right to alter, amend, or repeal this chapter is expressly reserved to Congress.

Pub. L. 104–201, div. A, title XVIII, §1813, Sept. 23, 1996, 110 Stat. 2762.

§5613 · Tax-exempt status required as condition of charter

If the association fails to

maintain its status as an organization exempt from taxation

under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.).

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1450.

§190310 · Records and inspection

(a) Records.—The corporation shall keep—

(1) correct and complete records of account;

(2) minutes of the proceedings of its members, board of directors, and committees having as provided in title 26 the charter granted in this chapter shall terminate.

Pub. L. 104–201, div. A, title XVIII, §1814, Sept. 23, 1996, 110 Stat. 2762.

§5614 · Termination

The charter granted in this chapter shall expire if the association fails to comply with

any of the

authority of its board of directors; and

(3) at its principal office, a record of the names and addresses of its members entitled to vote.

(b) Inspection.—A member entitled to vote, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1451.

§190311 · Service of process

The corporation provisions of this chapter.

Pub. L. 104–201, div. A, title XVIII, §1815, Sept. 23, 1996, 110 Stat. 2762.

§5615 · “State” defined

For purposes of this chapter, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and the territories and possessions of the United States.

Pub. L. 104–201, div. A, title XVIII, §1816, Sept. 23, 1996, 110 Stat. 2762.

Chapter 89. National Film Preservation Foundation

§5701 · Establishment and purpose of Foundation

(a) Establishment

There is established the National Film Preservation Foundation (hereafter in this chapter referred to as the “Foundation”). The Foundation is a charitable and nonprofit corporation and is not an agency or establishment of the United States.

(b) Purposes

The purposes of the Foundation are—

(1) to encourage, accept, and administer private gifts to promote and ensure the preservation and public accessibility of the nation's film heritage held at the Library of Congress and other public and nonprofit archives throughout the United States;

(2) to further the goals of the Library of Congress and the National Film Preservation Board in connection with their activities under the National Film Preservation Act of 1996 [2 U.S.C. 179l et seq.]; and

(3) to undertake and conduct other activities, alone or in cooperation with other film related institutions and organizations, as will further the preservation and public accessibility of films made in the United States, particularly those not protected by private interests, for the benefit of present and future generations of Americans.

Pub. L. 104–285, title II, §202, Oct. 11, 1996, 110 Stat. 3382.

§5702 · Board of Directors of Foundation

(a) Establishment and membership

The Foundation shall have a governing Board of Directors (hereafter in this chapter referred to as the “Board”), which shall consist of 9 Directors, each of whom shall be a United States citizen and at least 6 of whom must be knowledgeable or experienced in film production, distribution, preservation, or restoration, including 2 who shall be sitting members of the National Film Preservation Board. These 6 members of the Board shall, to the extent practicable, represent diverse points of views from the film community, including motion picture producers, creative artists, nonprofit and public archivists, historians, film critics, theater owners, and laboratory and university personnel. The Librarian of Congress (hereafter in this chapter referred to as the “Librarian”) shall be an ex officio nonvoting member of the Board. Appointment to the Board shall not constitute employment by, or the holding of an office of, the United States for the purpose of any Federal law.

(b) Appointment and terms

Within 90 days after October 11, 1996, the Librarian shall appoint the Directors of the Board. Each Director shall be appointed for a term of 4 years. A vacancy on the Board shall be filled, within 60 days after the vacancy occurs, in the manner in which the original appointment was made. No individual may serve more than 2 consecutive terms as a Director.

(c) Chair

The initial Chair shall be appointed by the Librarian from the membership of the Board for a 2-year term, and thereafter shall be appointed and removed in accordance with the Foundation's bylaws.

(d) Quorum

A majority of the current membership of the Board shall constitute a quorum for the transaction of business.

(e) Meetings

The Board shall meet at the call of the Librarian or the Chair at least once a year. If a Director misses 3 consecutive regularly scheduled meetings, that individual may be removed from the Board by the Librarian, and that vacancy shall be filled in accordance with subsection (b) of this section.

(f) Reimbursement of expenses

Members of the Board shall serve without pay, but may be reimbursed for the actual and necessary traveling and subsistence expenses incurred by them in the performance of the duties of the Foundation.

(g) General powers

(1) Organization of Foundation

The Board may complete the organization of the Foundation by—

(A) appointing, removing, and replacing officers, except as provided for in paragraph (2)(B);

(B) adopting a constitution and bylaws consistent with the purposes of the Foundation and the provisions of this chapter; and

(C) undertaking such other acts as may be necessary to carry out the provisions of this chapter.

(2) Limitation on appointment of employees

The following limitations apply with respect to the appointment of employees of the Foundation:

(A) Except as provided in subparagraph (B), employees of the Foundation shall be appointed, removed, and replaced by the Secretary of the Board. All employees (including the Secretary of the Board) shall be appointed and removed without regard to the provisions of title 5 governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no individual so appointed may receive pay in excess of the annual rate of basic pay in effect for grade GS–15 of the General Schedule. Neither the Board, nor any of the employees of the Foundation, including the Secretary of the Board, shall be construed to be employees of the Library of Congress.

(B) The first employee appointed shall be the Secretary of the Board. The Secretary shall be appointed, and may be removed by, the Librarian.

(C) The Secretary of the Board shall—

(i) serve as its executive director, and

(ii) be knowledgeable and experienced in matters relating to film preservation and restoration activities, financial management, and fund-raising.

Pub. L. 104–285, title II, §203, Oct. 11, 1996, 110 Stat. 3383.

§5703 · Rights and obligations of Foundation

(a) General

The Foundation—

(1) shall have perpetual succession;

(2) may conduct business in the several States, the District of Columbia, and any commonwealth, territory, or possession of the United States;

(3) shall have its principal offices in the District of Columbia; and

(4) shall at all times maintain a designated agent authorized to accept service of process for the Foundation.

The serving of notice to, or service of process upon, the agent required under paragraph (4), or mailed to the business address of such agent, shall be deemed as service upon or notice to the Foundation.

(b) Seal

The Foundation shall have an official seal selected by the Board which shall be judicially noticed.

(c) Powers

To carry out its purposes under section 5701 of this title, the Foundation shall have, in addition to the powers otherwise given it under this chapter, the usual powers of a corporation acting as a trustee in the District of Columbia, including the power—

(1) to accept, receive, solicit, hold, administer, and use any gift, devise, or bequest, either absolutely or in trust, of real or personal property or any income therefrom or other interest therein;

(2) to acquire by purchase or exchange any real or personal property or interest therein;

(3) unless otherwise required by the instrument of transfer, to sell, donate, lease, invest, reinvest, retain, or otherwise dispose of any property or income therefrom;

(4) to borrow money and issue bonds, debentures, or other debt instruments;

(5) to sue and be sued, and complain and defend itself in any court of competent jurisdiction, except that the Directors of the Board shall not be personally liable, except for gross negligence;

(6) to enter into contracts or other arrangements with public agencies and private organizations and persons and to make such payments as may be necessary to carry out its functions; and

(7) to do any and all acts necessary and proper to carry out the purposes of the Foundation.

A gift, devise, or bequest may be accepted by the Foundation even though it is encumbered, restricted, or subject to beneficial interests of private persons, if any current or future interest therein is for the benefit of the Foundation.

Pub. L. 104–285, title II, §204, Oct. 11, 1996, 110 Stat. 3384.

§5704 · Administrative services and support

The Librarian may provide personnel, facilities, and other administrative services to the Foundation, including reimbursement of expenses under section 5702 of this title, not to exceed the current per diem rates for the Federal Government, and the Foundation shall reimburse the Librarian therefor. Amounts so reimbursed shall be deposited in the Treasury to the credit of the appropriations then current and chargeable for the cost of providing such services.

Pub. L. 104–285, title II, §205, Oct. 11, 1996, 110 Stat. 3385.

§5705 · Volunteer status

The Librarian may accept, without regard to the civil service classification laws, rules, or regulations, the services of the Foundation, the Board, and other officers and employees of the Board, without compensation from the Library of Congress, as volunteers in the performance of the functions authorized in this chapter.

Pub. L. 104–285, title II, §206, Oct. 11, 1996, 110 Stat. 3385.

§5706 · Audits, report requirements, and petition of Attorney General, for equitable relief

(a) Audits

The Foundation shall be treated as a private corporation established under Federal law for purposes of the Act entitled “An Act to provide for audit of accounts of private corporations established under Federal law.”, approved August 30, 1964 (36 U.S.C. 1101–1103).

(b) Report

The Foundation shall, as soon as practicable after the end of each fiscal year, transmit to the Congress a report of its proceedings and activities during such year, including a full and complete statement of its receipts, expenditures, and investments.

(c) Relief with respect to certain Foundation acts or failure to act

If the Foundation—

(1) engages in, or threatens to engage in, any act, practice, or policy that is inconsistent with its purposes set forth in section 5701(b) of this title, or

(2) refuses, fails, or neglects to discharge its obligations under this chapter, or threatens to do so,

the Attorney General of the United States may file a petition in the United States District Court for the District of Columbia for such equitable relief as may be necessary or appropriate.

Pub. L. 104–285, title II, §207, Oct. 11, 1996, 110 Stat. 3385.

§5707 · United States release from liability

The United States shall not be liable for any debts, defaults, acts, or omissions of the Foundation, nor shall the full faith and credit of the United States extend to any obligation of the Foundation.

Pub. L. 104–285, title II, §208, Oct. 11, 1996, 110 Stat. 3386.

§5708 · Authorization of appropriations

(a) Authorization

There are authorized to be appropriated to the Library of Congress such sums as may be necessary to carry out the purposes of this chapter, not to exceed $250,000 for each of the fiscal years 2000 through 2003, to be made available to the Foundation to match private contributions (whether in currency, services, or property) made to the Foundation by private persons and State and local governments.

(b) Administrative expenses

No Federal funds authorized under this section may be used by the Foundation for administrative expenses of the Foundation, including for salaries, travel, and transportation expenses, and other overhead expenses.

Pub. L. 104–285, title II, §209, Oct. 11, 1996, 110 Stat. 3386.

Chapter 90. Federal Charter for the Air Force Sergeants Association

§5801 · Recognition and grant of Federal charter

The Air Force Sergeants Association, a nonprofit corporation organized under the laws of the District of Columbia, is recognized as such and granted a Federal charter.

Pub. L. 105–85, div. A, title XV, §1501, Nov. 18, 1997, 111 Stat. 1963.

§5802 · Powers

The Air Force Sergeants Association (in this chapter referred to as the “association”) shall have only those powers granted to it through its bylaws and articles of incorporation filed in the District of Columbia and subject to the laws of the District of Columbia.

Pub. L. 105–85, div. A, title XV, §1502, Nov. 18, 1997, 111 Stat. 1963.

§5803 · Purposes

The purposes of the association are those provided in its bylaws and articles of incorporation and shall include the following:

(1) To help maintain a highly dedicated and professional corps of enlisted personnel within the United States Air Force, including the United States Air Force Reserve, and the Air National Guard.

(2) To support fair and equitable legislation and Department of the Air Force policies and to influence by lawful means departmental plans, programs, policies, and legislative proposals that affect enlisted personnel of the Regular Air Force, the Air Force Reserve, and the Air National Guard, its retirees, and other veterans of enlisted service in the Air Force.

(3) To actively publicize the roles of enlisted personnel in the United States Air Force.

(4) To participate in civil and military activities, youth programs, and fundraising campaigns that benefit the United States Air Force.

(5) To provide for the mutual welfare of members of the association and their families.

(6) To assist in recruiting for the United States Air Force.

(7) To assemble together for social activities.

(8) To maintain an adequate Air Force for our beloved country.

(9) To foster among the members of the association a devotion to fellow airmen.

(10) To serve the United States and the United States Air Force loyally, and to do all else necessary to uphold and defend the Constitution of the United States.

Pub. L. 105–85, div. A, title XV, §1503, Nov. 18, 1997, 111 Stat. 1963.

§5804 · Service of process

With respect to service of process, the association

shall comply with the law on service of process of each State in which it is incorporated and each State laws of the District of Columbia and those States in which it carries on

activities.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1451.

§190312 · Liability for acts of officers and agents

The corporation is liable for the acts of its officers and agents acting within the scope of their authority.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1451.

§190313 · Annual report

The corporation shall submit an annual report to Congress on the activities of the corporation during the prior fiscal year. The report shall be submitted at the same time as the report of the audit required by section 10101 of this title. The report may not be printed as a public document.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1451.

Chapter 2001. Society of American Florists and Ornamental Horticulturists

§200101 · Organization

Society of American Florists and Ornamental Horticulturists (in this chapter, the “corporation”) is a body corporate and politic in the District of Columbia.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1451.

§200102 · Purposes

The purposes of the corporation are to educate members of the florist industry and the public, and to promote scientific development, in floriculture and horticulture.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1451.

§200103 · Powers

The corporation may—

(1) adopt a constitution and bylaws for the management of its property and the regulation of its affairs; and

(2)(A) hold property, in the District of Columbia or elsewhere, necessary to carry out the purposes of the corporation, in an amount not to exceed $1,000,000; and

(B) hold other property donated or bequeathed in any State or territory of the United States.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1451.

§200104 · Restrictions

(a) Profit.—The corporation may not operate for profit.

(b) Use of Earnings.—Earnings generated by the corporation may be used only for the purposes provided in section 200102 of this title.

(c) Use of Property.—Property held by the corporation, and the proceeds from the property, may be used only for the purposes provided in section 200102 of this title.

(d) Parks in the District of Columbia.—The corporation may not occupy any park in the District of Columbia.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1452.

§200105 · Principal office

The principal office of the corporation shall be located in the District of Columbia. However, annual meetings may be held wherever the corporation decides.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1452.

§200106 · 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. 1452.

Chapter 2003. Sons of Union Veterans of the Civil War

§200301 · Organization

(a) Federal Charter.—Sons of Union Veterans of the Civil War (in this chapter, the “corporation”) is a federally chartered corporation.

(b) Place of Incorporation and Domicile.—The corporation is declared to be incorporated and domiciled in the District of Columbia.

(c) Perpetual Existence.—Except as otherwise provided, the corporation has perpetual existence.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1452.

§200302 · Purposes

The purposes of the corporation are—

(1) to perpetuate the memory of the Grand Army of the Republic and of the men who saved the Union in 1861 to 1865;

(2) to assist in every practicable way in preserving, and making available for research, documents and records pertaining to the Grand Army of the Republic and its members;

(3) to cooperate in honoring all those who have served our country patriotically in any war;

(4) to teach patriotism, the duties of citizenship, the true history of our country, and the love and honor of our flag;

(5) to oppose every tendency or movement that would weaken loyalty to, destroy, or impair our constitutional Union; and

(6) to inculcate and broadly sustain the American principles of representative government, equal rights, and impartial justice for all.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1452.

§200303 · Membership

(a) General.—Except its activities in furtherance of its corporate purposes.

Pub. L. 105–85, div. A, title XV, §1504, Nov. 18, 1997, 111 Stat. 1964.

§5805 · Membership

Except

as provided in this chapter, section 5808(g) of this title, eligibility for membership in the corporation and the rights, privileges, and designation of classes of members are association and the rights and privileges of members shall be as provided in the

constitution and bylaws of the corporation.

(b) Required Service.—Eligibility for membership in the corporation is limited to male blood relatives of an individual who—

(1) served at any time during the period from April 12, 1861, through April 9, 1865, as a soldier or sailor in—

(A) the United States Army, Navy, Marine Corps, or Revenue-Cutter Service; or

(B) a State regiment that was called into active service and was subject to orders of United States general officers during that period; and

(2) was discharged honorably from, or died in, that service.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1453.

§200304 · Governing body

(a) National Encampment.—(1) The national encampment is the supreme governing authority of the corporation.

(2) The national encampment is composed of officers and elected representatives from the States and other local subdivisions of the corporation bylaws and articles of incorporation of the association.

Pub. L. 105–85, div. A, title XV, §1505, Nov. 18, 1997, 111 Stat. 1964.

§5806 · Board of directors

Except

as provided in

the constitution and bylaws. However, the form of government of the corporation must be representative of the membership at large and may not permit concentration of control in a limited number of members or in a self-perpetuating group not representative of the membership at large.

(3) The meetings of the national encampment may be held in the District of Columbia or in any State, territory, or possession of the United States.

(b) Council of Administration.—(1) During the intervals between the national encampments, the council of administration is the governing board of the corporation and is responsible for the general policies, program, and activities of the corporation.

(2) The council of administration shall consist of at least seven members elected in the manner and for the term provided in the constitution and bylaws.

(c) Officers.—(1) The officers of the corporation are a commander in chief, a senior vice commander in chief, a junior vice commander in chief, a secretary, a treasurer, and other officers

section 5808(g) of this title, the composition of the board of directors of the association and the responsibilities of the board shall be as provided in the

constitution and bylaws. One individual may hold the offices of secretary and treasurer.(2) The manner of selection, term of office, and duties of the officers are bylaws and articles of incorporation of the association and in conformity with the laws of the District of Columbia.

Pub. L. 105–85, div. A, title XV, §1506, Nov. 18, 1997, 111 Stat. 1964.

§5807 · Officers

Except

as provided in

the constitution and bylaws.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1453.

§200305 · Powers

The corporation may—

(1) adopt and amend a constitution and bylaws for the management of its property and the regulation of its affairs;

(2) adopt and alter a corporate seal;

(3) choose officers, managers, agents, and employees as the activities of the corporation require;

(4) make contracts;

(5) acquire, own, lease, encumber, and transfer property as necessary or convenient to carry out the purposes of the corporation;

(6) borrow money, issue instruments of indebtedness, and secure its obligations by granting security interests in its property;

(7) sue and be sued; and

(8) do any other act necessary and proper to carry out the purposes of the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1453.

§200306 · Exclusive right to name, seals, emblems, and badges

The corporation and its subordinate divisions have the exclusive right to use the name “Sons of Union Veterans of the Civil War”. The corporation has the exclusive right to use and to allow others to use seals, emblems, and badges the corporation adopts.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1454.

§200307 section 5808(g) of this title, the positions of officers of the association and the election of members to such positions shall be as provided in the bylaws and articles of incorporation of the association and in conformity with the laws of the District of Columbia.

Pub. L. 105–85, div. A, title XV, §1507, Nov. 18, 1997, 111 Stat. 1964.

§5808 · Restrictions

(a)

Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend.

(b) Political Activities.—The corporation or an officer or agent as such may not contribute to, support, or assist a political party or candidate for public office.

(c) Distribution of Income or Assets.—The

Income and compensationNo part of the income or assets of the corporation may not association may inure to the benefit of, of any member, officer, or director of the association or be distributed to, an officer or member to any such individual during the life of the corporation or on its dissolution or final liquidation. This subsection does not this charter. Nothing in this subsection may be construed to prevent the payment of compensation to an officer reasonable compensation to the officers and employees of the association or reimbursement for actual and necessary expenses in amounts approved by the

council of administration of the corporation.(d) Loans.—The corporation board of directors.

(b) Loans

The association

may not make

a loan or advance to an officer or employee. Members of the council of administration who vote for or assent to making a loan or advance to an officer or employee, and officers who participate in making the loan or advance, are jointly and severally liable to the corporation for the amount of the loan or advance until it is repaid.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1454.

§200308 · Principal office

The principal office of the corporation shall be in Trenton, New Jersey, or another place decided by the council of administration. However, the activities of the corporation are not confined to the place where the principal office is located but may be conducted in the District of Columbia and throughout the States, territories, and possessions of the United States.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1454.

§200309 · Records and inspection

(a) Records.—The corporation shall keep—

(1) correct and complete records of account; and

(2) minutes of the proceedings of its national encampments and council of administration.

(b) Inspection.—A member, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1454.

§200310 · Service of process

The corporation shall have a designated agent in the District of Columbia to receive service of process for the corporation. Notice to or service on the agent, or mailed to the business address of the agent, is notice to or service on the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1455.

§200311 · Liability for acts of officers and agents

The corporation is liable for the acts of its officers and agents acting within the scope of their authority.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1455.

§200312 · Annual report

Not later than March 1 of each year, the corporation shall submit a report to Congress on the activities of the corporation during the prior fiscal year. The report may consist of a report on the proceedings of the national encampment. The report may not be printed as a public document.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1455.

§200313 · Distribution of assets on dissolution or final liquidation

On dissolution or final liquidation of the corporation, any assets remaining after the discharge of all liabilities shall be distributed as provided by the council of administration, but in compliance with the constitution and bylaws of the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1455.

Chapter 2101. Theodore Roosevelt Association

§210101 · Organization

(a) Federal Charter.—Theodore Roosevelt Association (in this chapter, the “corporation”) is a body corporate and politic in the District of Columbia.

(b) Perpetual Existence.—Except as otherwise provided, the corporation has perpetual existence.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1455.

§210102 · Purposes

The purposes of the corporation are—

(1) to perpetuate the memory of Theodore Roosevelt for the benefit of the people of the United States and the world; and

(2) to solicit, receive, hold, and maintain funds, and to apply the principal of the funds and the income from those funds to the following objects, among others:

(A) the erection and maintenance of a suitable and adequate monumental memorial in the District of Columbia to the memory of Theodore Roosevelt;

(B) the acquisition, development, and maintenance of a public park in memory of Theodore Roosevelt in Oyster Bay, New York;

(C) the establishment and maintenance of an endowment fund to promote the development and application of the policies and ideals of Theodore Roosevelt for the benefit of the American people; and

(D) the donation of real and personal property, including part or all of its endowment fund, to a public agency for the purpose of preserving in public ownership historically significant property associated with the life of Theodore Roosevelt.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1455.

§210103 · Membership

Eligibility for membership in the corporation is as provided in regulations adopted by the board of trustees.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1456.

§210104 · Governing body

(a) Board of Trustees.—A self-perpetuating board of trustees shall manage and direct the property and affairs of the corporation.

(b) Powers.—The board of trustees may adopt and amend a constitution, bylaws, and regulations for—

(1) the selection of successor trustees;

(2) the admission of members;

(3) the election of officers; and

(4) the conduct of the affairs of the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1456.

§210105 · Powers

The corporation may—

(1) adopt a constitution, bylaws, and regulations;

(2) adopt and alter a corporate seal;

(3) acquire and own property necessary to carry out the purposes of the corporation;

(4) give and dedicate its property to public agencies and purposes;

(5) maintain offices, hold meetings, and conduct business affairs in the District of Columbia and in the States, territories, and possessions of the United States;

(6) sue and be sued within the jurisdiction of the United States; and

(7) do any other act necessary and proper to carry out the purposes of the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1456.

§210106 · Restrictions

(a) Exclusively Educational Purposes.—The corporation shall be operated exclusively for educational purposes.

(b) Stocks and Dividends.—The corporation any loan to any member, officer, director, or employee of the association.

(c) Issuance of stock and payment of dividends

The association

may not issue any shares of stock or declare or pay

a dividend.

(c) Distributions of Income or Assets.—The income or assets of the corporation may not inure to the benefit of any member or individual.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1456.

§210107 · 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. 1456.

Chapter 2103. 369th Veterans’ Association

§210301 · Definition

For purposes of this chapter, “State” includes the District of Columbia and the territories and possessions of the United States.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1457.

§210302 · Organization

(a) Federal Charter.—369th Veterans’ Association (in this chapter, the “corporation”), a nonprofit corporation incorporated in New York, is a federally chartered corporation.

(b) Expiration of Charter.—If the corporation does not comply with any provision of this chapter, the charter granted by this chapter expires.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1457.

§210303 · Purposes

The purposes of the corporation are as provided in the articles of incorporation and include—

(1) promoting the principles of friendship and good will among its members;

(2) engaging in social and civic activities that tend to enhance the welfare of its members and inculcate the true principles of good citizenship in its members; and

(3) memorializing, individually and collectively, the patriotic services of its members in the 369th antiaircraft artillery group and other units in the Armed Forces of the United States.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1457.

§210304 · Membership

(a) Eligibility.—Except as provided in this chapter, eligibility for membership in the corporation and the rights and privileges of members are as provided in the constitution and bylaws of the corporation.

(b) Nondiscrimination.—The terms of membership any dividends.

(d) Disclaimer of congressional or Federal approval

The association may not claim the approval of the Congress or the authorization of the Federal Government for any of its activities by virtue of this chapter.

(e) Corporate status

The association shall maintain its status as a corporation organized and incorporated under the laws of the District of Columbia.

(f) Corporate function

The association shall function as an educational, patriotic, civic, historical, and research organization under the laws of the District of Columbia.

(g) Nondiscrimination

In establishing the conditions of membership in the association and in determining the requirements for serving on the board of directors or as an officer of the association, the association

may not discriminate on the basis of race, color, religion, sex, handicap, age, or national origin.

Pub. L.

105–225, Aug. 12, 1998, 112 Stat. 1457.

§210305 · Governing body

(a) Board of Directors.—The board of directors and the responsibilities of the board are as provided in the articles of incorporation.

(b) Officers.—The officers and the election of officers are as provided in the articles of incorporation.

(c) Nondiscrimination.—The requirements for holding office in the corporation may not discriminate on the basis of race, color, religion, or national origin.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1457.

§210306 · Powers

The corporation has only the powers provided in its bylaws and articles of incorporation filed in each State in which it is incorporated.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1457.

§210307 · Exclusive right to name, seals, emblems, and badges

The corporation has the exclusive right to use the name “369th Veterans’ Association” and seals, emblems, and badges the corporation adopts. This section does not affect any vested rights.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1458.

§210308 · Restrictions

(a) Stocks and Dividends.—The corporation may not issue stock or declare or pay a dividend.

(b) Political Activities.—The corporation or a director or officer as such may not contribute to, support, or participate in any political activity or in any manner attempt to influence legislation.

(c) Distribution of Income or Assets.—The income or assets of the corporation may not inure to the benefit of, or be distributed to, a director, officer, or member during the life of the charter granted by this chapter. This subsection does not prevent the payment of reasonable compensation to an officer or reimbursement for actual necessary expenses in amounts approved by the board of directors.

(d) Loans.—The corporation may not make a loan to a director, officer, or employee.

(e) Claim of Governmental Approval or Authority.—The corporation may not claim congressional approval or the authority of the United States Government for any of its activities.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1458.

§210309 · Duty to maintain tax-exempt status

The corporation shall 105–85, div. A, title XV, §1508, Nov. 18, 1997, 111 Stat. 1964.

§5809 · Liability

The association shall be liable for the acts of its officers, directors, employees, and agents whenever such individuals act within the scope of their authority.

Pub. L. 105–85, div. A, title XV, §1509, Nov. 18, 1997, 111 Stat. 1965.

§5810 · Maintenance and inspection of books and records

(a) Books and records of account

The association shall keep correct and complete books and records of account and minutes of any proceeding of the association involving any of its members, the board of directors, or any committee having authority under the board of directors.

(b) Names and addresses of members

The association shall keep at its principal office a record of the names and addresses of all members having the right to vote in any proceeding of the association.

(c) Right to inspect books and records

All books and records of the association may be inspected by any member having the right to vote in any proceeding of the association, or by any agent or attorney of such member, for any proper purpose at any reasonable time.

(d) Application of State law

This section may not be construed to contravene any applicable State law.

Pub. L. 105–85, div. A, title XV, §1510, Nov. 18, 1997, 111 Stat. 1965.

§5811 · Annual report

The association shall annually submit to Congress a report concerning the activities of the association during the preceding fiscal year. The annual report shall be submitted on the same date as the report of the audit required by reason of section 1101 of this title. The annual report shall not be printed as a public document.

Pub. L. 105–85, div. A, title XV, §1512, Nov. 18, 1997, 111 Stat. 1965.

§5812 · Reservation of right to alter, amend, or repeal chapter

The right to alter, amend, or repeal this chapter is expressly reserved to Congress.

Pub. L. 105–85, div. A, title XV, §1513, Nov. 18, 1997, 111 Stat. 1966.

§5813 · Tax-exempt status required as condition of charter

If the association fails to

maintain its status as an organization exempt from taxation

under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.).

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1458.

§210310 · Records and inspection

(a) Records.—The corporation shall keep—

(1) correct and complete records of account;

(2) minutes of the proceedings of its members, the board of directors, and committees having any of the authority of its board of directors; and

(3) at its principal office, a record of the names and addresses of its members entitled to vote.

(b) Inspection.—A member entitled to vote, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1458.

§210311 · Service of process

The corporation shall comply with the law on service of process of each State in which it is incorporated and each State in which it carries on activities.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1458.

§210312 · Liability for acts of officers and agents

The corporation is liable for the acts of its officers and agents acting within the scope of their authority.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1458.

§210313 · Annual report

The corporation shall submit an annual report to Congress on the activities of the corporation during the prior fiscal year. The report shall be submitted at the same time as the report of the audit required by section 10101 of this title. The report may not be printed as a public document.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1458.

Chapter 2201. United Service Organizations, Incorporated

§220101 · Organization

(a) Federal Charter.—United Service Organizations, Incorporated (in this chapter, the “corporation”), is a federally chartered corporation.

(b) Perpetual Existence.—Except as otherwise provided, the corporation has perpetual existence.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1459.

§220102 · Purposes

The purposes of the corporation are—

(1) to provide a voluntary civilian agency through which the people of this Nation may, in peace or war, serve the religious, spiritual, social, welfare, educational, and entertainment needs of men and women in the Armed Forces, within or without the territorial limits of the United States;

(2) to contribute to the maintenance of morale of men and women in the Armed Forces;

(3) to solicit funds to maintain the organization and accomplish its responsibility;

(4) to accept the cooperation of, and provide an organization and means through which, the National Board of Young Men's Christian Associations, the National Board of Young Women's Christian Associations, the National Catholic Community Service, the Salvation Army, the National Jewish Welfare Board, the Travelers Aid-International Social Service of America, and other civilian agencies experienced in specialized types of related work, which may be needed adequately to meet the particular needs of the members of the Armed Forces, may carry on their historic work of serving the religious, spiritual, social, welfare, educational, and entertainment needs of men and women in the Armed Forces and be afforded an appropriate means of participation and financial assistance;

(5) to coordinate their programs; and

(6) other consonant purposes.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1459.

§220103 · Membership

Except

as provided in

this chapter, the rights, privileges, and designation of classes of members are as provided in the bylaws. The membership of the corporation consists of—

(1) nine individuals designated by the President; and

(2) representatives of the civilian organizations listed in section 220102(4) of this title, and of the public at large, as provided in the bylaws.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1459.

§220104 · Governing body

(a) Board of Governors.—(1) The board of governors is the governing body of the corporation. The board is responsible for the general policies and program of the corporation and for the control of the affairs and property of the corporation.

(2) The board shall be elected by the members of the corporation for the term and in the classes provided in the bylaws of the corporation. The board includes—

(A) six members appointed by the President;

(B) the Secretary of State or the Secretary's designee; and

(C) representatives of the civilian organizations listed in section 220102(4) of this title, and of the public at large, as provided in the bylaws.

(3) The corporation may have other governing bodies or committees as provided in the bylaws.

(b) Officers.—(1) The office of honorary chairman of the corporation shall be offered to the President. On acceptance, the honorary chairman shall be invited to preside at meetings of the corporation that the honorary chairman deems appropriate and convenient.

(2) The corporation may have other officers as provided in the bylaws.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1460.

§220105 · Powers

The corporation has all the powers necessary and proper to carry out the purposes stated in section 220102 of this title, including the power—

(1) to adopt and amend bylaws and regulations for the management of its property and the regulation of its affairs;

(2) to adopt and alter a corporate seal;

(3) to adopt and alter emblems and marks;

(4) to establish and maintain offices to conduct the affairs of the corporation;

(5) to choose officers, representatives, and agents as the activities of the corporation require;

(6) to make contracts;

(7) to acquire, own, lease, encumber, and transfer property as necessary or convenient to carry out the purposes of the corporation;

(8) to borrow money, issue instruments of indebtedness, and secure its obligations by granting security interests in its property;

(9) to publish a magazine, newspaper, and other publications;

(10) to establish, regulate, and terminate councils, organizations, chapters, or affiliates as needed to carry out the purposes stated in section 220102 of this title;

(11) to solicit funds;

(12) to sue and be sued; and

(13) to do any other act necessary and proper to carry out the purposes stated in section 220102 of this title.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1460.

§220106 · Exclusive right to name, seals, emblems, and badges

The corporation and its councils, organizations, chapters, and affiliates have the exclusive right to use the names “United Service Organizations, Incorporated” and “USO” and seals, emblems, and badges the corporation adopts.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1461.

§220107 · Assistance by Department of Defense

The Secretary of Defense may make the resources of the Department of Defense available to the corporation to the extent compatible with the primary mission of the Department and in accordance with guidelines issued by the Secretary.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1461.

§220108 · Restrictions

(a) Profit.—The corporation may not engage in business activity for profit unless the activity is substantially related to—

(1) the purposes stated in section 220102 of this title; or

(2) raising funds to accomplish those purposes.

(b) Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend.

(c) Political Activities.—The corporation shall be nonpolitical and may not provide financial aid or assistance to, or otherwise promote the candidacy of, an individual seeking elective public office. A substantial part of the activities of the corporation may not involve carrying on propaganda or otherwise attempting to influence legislation.

(d) Distribution of Income or Assets.—The income or assets of the corporation may not inure to the benefit of a governor, officer, member, or employee or be distributed to any person during the life of the corporation or on its dissolution or final liquidation. This subsection does not prevent the payment of reasonable compensation to an officer, employee, or other person or reimbursement for actual necessary expenses in amounts approved by the board of governors.

(e) Loans.—The corporation may not make a loan to a governor, officer, member, or employee.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1461.

§220109 · Duty to maintain corporate status

The corporation shall maintain its status as a corporation incorporated under the laws of New York, another State, or the District of Columbia.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1461.

§220110 · Principal office

The principal office of the corporation shall be in New York, New York, or another place decided by the board of governors. However, the activities of the corporation are not confined to the place where the principal office is located but may be conducted throughout the States, territories, and possessions of the United States and in foreign countries.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1461.

§220111 · Records and inspection

(a) Records.—The corporation shall keep—

(1) correct and complete records of account;

(2) minutes of the proceedings of its members, board of governors, and committees having any of the authority of its board of governors; and

(3) at its principal office, a record of the names and addresses of its members entitled to vote.

(b) Inspection.—A member, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1461.

§220112 · Service of process

(a) District of Columbia.—The corporation shall have a designated agent in the District of Columbia to receive service of process for the corporation. Notice to or service on the agent, or mailed to the business address of the agent, is notice to or service on the corporation.

(b) States, Territories, and Possessions.—The corporation shall file, with the secretary of state or other designated official of each State, territory, or possession of the United States in which the corporation or a council, organization, chapter, or affiliate may have activities, the name and address of an agent in that State, territory, or possession on whom legal process or demands against the corporation may be served.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1462.

§220113 · Annual report

The corporation shall make public an annual report on its activities for the prior calendar year.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1462.

§220114 · Distribution of assets on dissolution or final liquidation

On dissolution or final liquidation of the corporation, any assets remaining after the discharge of all liabilities shall be distributed as provided by the board of governors, but in compliance with the bylaws. However, the assets of the corporation are irrevocably dedicated to charitable purposes and may not inure to the benefit of a private person except a fund, foundation, or organization operated exclusively for charitable purposes.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1462.

Chapter 2203. United States Capitol Historical Society

§220301 · Organization

(a) Federal Charter.—United States Capitol Historical Society (in this chapter, the “corporation”) is a federally chartered corporation.

(b) Place of Incorporation.—The corporation is declared to be incorporated in the District of Columbia.

(c) Perpetual Existence.—Except as otherwise provided, the corporation has perpetual existence.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1462.

§220302 · Purposes

The purposes of the corporation are—

(1) to encourage in the most comprehensive and enlightened manner an understanding by the American people of the founding, growth, and significance of the Capitol of the United States as the tangible symbol of their representative form of government;

(2) to undertake research into the history of the Congress and the Capitol and to promote discussion, publication, and dissemination of the results of this research;

(3) to foster and increase an informed patriotism among the citizens in the study of this living memorial to the founders of this Nation and the continuing thread of principles as exemplified by their successors; and

(4) to cooperate with the standing committees of Congress, the Library of Congress, the Architect of the Capitol, and relevant departments, agencies, and instrumentalities of the executive branch of the United States Government in carrying out the purposes of the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1463.

§220303 · Membership

Except as provided in this chapter, eligibility for membership in the corporation and the rights and privileges of members are as provided in the constitution and bylaws of the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1463.

§220304 · Governing body

(a) Board of Trustees.—(1) The board of trustees is the governing body of the corporation. The board is responsible for the control of all funds and affairs of the corporation.

(2) Exclusive of ex officio and honorary members, the board shall consist of at least 12 but not more than 40 trustees, one of whom shall be elected chairman. Trustees shall be elected by the board of trustees for a term of 4 years. A trustee may not be reelected as a trustee within one year of the expiration of the prior term, except by the unanimous vote of the trustees present and voting. A trustee may be removed at any time, with or without cause, by a two-thirds vote of the other trustees.

(3) The officers of the corporation are ex officio members of the board with all the rights and privileges of trustees, including the right to vote.

(4) The board shall meet at least once a year in the Capitol of the United States. The board may meet at other times as decided by the chairman. A meeting may be held only at a time and place stated in the bylaws or on 30 days’ written notice.

(b) Officers.—(1) The officers of the corporation are a president, 5 vice presidents, a treasurer, and a secretary. The president is the chief executive officer.

(2) The officers shall be elected annually by the board of trustees and continue in office at the pleasure of the board.

(3) The duties of the officers are the usual duties pertaining to their offices and any additional duties delegated by the board.

(4) Officers may be compensated for their services, and reimbursed for actual expenses, in amounts decided by the board.

(c) Employees.—The board of trustees may employ an executive secretary and other personnel needed to assist the board and the officers to carry out the activities of the corporation. Employees serve at the pleasure of the board. The board shall prescribe the compensation and duties of employees.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1463.

§220305 · Powers

The corporation may—

(1) adopt and amend a constitution and bylaws for the management of its property and the regulation of its affairs;

(2) adopt and alter a corporate seal;

(3) choose officers, managers, and agents as the activities of the corporation require;

(4) make contracts;

(5) acquire, own, lease, encumber, and transfer property as necessary or convenient to carry out the purposes of the corporation;

(6) borrow money, issue instruments of indebtedness, and secure its obligations by granting security interests in its property;

(7) produce, buy, and market commemorative medals, souvenirs, publications, pictures, and cinemas consistent with the purposes of the corporation;

(8) charge and collect membership dues;

(9) conduct fund raising campaigns and accept contributions;

(10) sue and be sued; and

(11) do any other act necessary and proper to carry out the purposes of the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1464.

§220306 · Exclusive right to name, seals, emblems, insignia, marks, and words

The corporation has the exclusive right to use the name “United States Capitol Historical Society” and seals, emblems, distinctive insignia, and descriptive or designating marks, words, or phrases required to carry out the duties and powers of the corporation. This section does not affect any vested rights.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1464.

§220307 · Tax exemption

Notwithstanding section 105 of title 4 of the United States Code or any provision of the District of Columbia Code, the corporation is not required to pay, collect, or account for any tax specified in those provisions in connection with activities conducted within, or on the grounds of, the United States Capitol Building.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1464.

§220308 · Restrictions

(a) Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend.

(b) Distribution of Income or Assets.—The income or assets of the corporation may not inure to the benefit of, or be distributed to, a trustee, officer, or member as such during the life of the corporation or on its dissolution or final liquidation. This subsection does not prevent the payment of reasonable compensation to an officer or employee or reimbursement for actual expenses in amounts approved by the board of trustees.

(c) Loans.—The corporation may not make a loan or advance to a trustee, officer, or employee. Trustees who vote for or assent to making a loan or advance to a trustee, officer, or employee, and officers who participate in making the loan or advance, are jointly and severally liable to the corporation for the amount of the loan or advance until it is repaid.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1464.

§220309 · Duty to maintain corporate status

The corporation shall maintain its status as a corporation incorporated under the laws of the District of Columbia or a State.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1465.

§220310 · Principal office

The principal office of the corporation shall be in the District of Columbia or another place decided by the board of trustees. However, the activities of the corporation are not confined to the place where the principal office is located but may be conducted throughout the States, territories, and possessions of the United States.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1465.

§220311 · Records and inspection

(a) Records.—The corporation shall keep—

(1) correct and complete records of account;

(2) minutes of the proceedings of its members, board of trustees, and committees having any of the authority of its board of trustees; and

(3) at its principal office, a record of the names and addresses of its members entitled to vote.

(b) Inspection.—A member entitled to vote, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1465.

§220312 · Service of process

The corporation shall have a designated agent in the District of Columbia to receive service of process for the corporation. Notice to or service on the agent, or mailed to the business address of the agent, is notice to or service on the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1465.

§220313 · Liability for acts of officers and agents

The corporation is liable for the acts of its officers and agents acting within the scope of their authority.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1465.

§220314 · Annual report and audit

(a) Annual Report.—The corporation shall submit an annual report to each House of Congress on the activities of the corporation during the prior fiscal year. The report shall be submitted as soon as practical after the end of each fiscal year.

(b) Audit.—In addition to complying with the audit requirements of section 10101 of this title, the corporation shall comply with section 451 of the Legislative Reorganization Act of 1970 (40 U.S.C. 193m–1).

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1465.

§220315 · Distribution of assets on dissolution or final liquidation

On dissolution or final liquidation of the corporation, any assets remaining after the discharge of all liabilities shall be distributed as provided by the board of trustees, but in compliance with the constitution and bylaws of the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1465.

Chapter 2205. United States Olympic Committee

Subchapter I—Corporation

§220501 · Title and Definitions

(a) Title.—This chapter may be cited as the “Ted Stevens Olympic and Amateur Sports Act”.

(b) Definitions.—For purposes of this chapter—

(1) “amateur athlete” means an athlete who meets the eligibility standards established by the national governing body or paralympic sports organization for the sport in which the athlete competes.

(2) “amateur athletic competition” means a contest, game, meet, match, tournament, regatta, or other event in which amateur athletes compete.

(3) “amateur sports organization” means a not-for-profit corporation, association, or other group organized in the United States that sponsors or arranges an amateur athletic competition.

(4) “corporation” means the United States Olympic Committee.

(5) “international amateur athletic competition” means an amateur athletic competition between one or more athletes representing the United States, individually or as a team, and one or more athletes representing a foreign country.

(6) “national governing body” means an amateur sports organization that is recognized by the corporation under section 220521 of this title.

(7) “paralympic sports organization” means an amateur sports organization which is recognized by the corporation under section 220521 of this title.

(8) “sanction” means a certificate of approval issued by a national governing body.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1466; Pub. L. 105–277, div. C, title I, §142(b)(2), (c), Oct. 21, 1998, 112 Stat. 2681–603.

§220502 · Organization

(a) Federal Charter.—The corporation is a federally chartered corporation.

(b) Perpetual Existence.—Except as otherwise provided, the corporation has perpetual existence.

(c) References to United States Olympic Association.—Any reference to the United States Olympic Association is deemed to refer to the United States Olympic Committee.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1466.

§220503 · Purposes

The purposes of the corporation are—

(1) to establish national goals for amateur athletic activities and encourage the attainment of those goals;

(2) to coordinate and develop amateur athletic activity in the United States, directly related to international amateur athletic competition, to foster productive working relationships among sports-related organizations;

(3) to exercise exclusive jurisdiction, directly or through constituent members of committees, over—

(A) all matters pertaining to United States participation in the Olympic Games, the Paralympic Games, and the Pan-American Games, including representation of the United States in the games; and

(B) the organization of the Olympic Games, the Paralympic Games, and the Pan-American Games when held in the United States;

(4) to obtain for the United States, directly or by delegation to the appropriate national governing body, the most competent amateur representation possible in each event of the Olympic Games, the Paralympic Games, and Pan-American Games;

(5) to promote and support amateur athletic activities involving the United States and foreign nations;

(6) to promote and encourage physical fitness and public participation in amateur athletic activities;

(7) to assist organizations and persons concerned with sports in the development of amateur athletic programs for amateur athletes;

(8) to provide swift resolution of conflicts and disputes involving amateur athletes, national governing bodies, and amateur sports organizations, and protect the opportunity of any amateur athlete, coach, trainer, manager, administrator, or official to participate in amateur athletic competition;

(9) to foster the development of amateur athletic facilities for use by amateur athletes and assist in making existing amateur athletic facilities available for use by amateur athletes;

(10) to provide and coordinate technical information on physical training, equipment design, coaching, and performance analysis;

(11) to encourage and support research, development, and dissemination of information in the areas of sports medicine and sports safety;

(12) to encourage and provide assistance to amateur athletic activities for women;

(13) to encourage and provide assistance to amateur athletic programs and competition for amateur athletes with disabilities, including, where feasible, the expansion of opportunities for meaningful participation by such amateur athletes in programs of athletic competition for able-bodied amateur athletes; and

(14) to encourage and provide assistance to amateur athletes of racial and ethnic minorities for the purpose of eliciting the participation of those minorities in amateur athletic activities in which they are underrepresented.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1466; Pub. L. 105–277, div. C, title I, §142(d), 112 Stat. 2681–603.

§220504 · Membership

(a) Eligibility.—Eligibility for membership in the corporation is as provided in the constitution and bylaws of the corporation.

(b) Required Provisions for Representation.—In its constitution and bylaws, the corporation shall establish and maintain provisions with respect to its governance and the conduct of its affairs for reasonable representation of—

(1) amateur sports organizations recognized as national governing bodies and paralympic sports organizations in accordance with section 220521 of this title, including through provisions which establish and maintain a National Governing Bodies’ Council composed of representatives of the national governing bodies and any paralympic sports organizations and selected by their boards of directors or such other governing boards to ensure effective communication between the corporation and such national governing bodies and paralympic sports organizations;

(2) amateur athletes who are actively engaged in amateur athletic competition or who have represented the United States in international amateur athletic competition within the preceding 10 years, including through provisions which—

(A) establish and maintain an Athletes’ Advisory Council composed of, and elected by, such amateur athletes to ensure communication between the corporation and such amateur athletes; and

(B) ensure that the membership and voting power held by such amateur athletes is not less than 20 percent of the membership and voting power held in the board of directors of the corporation and in the committees and entities of the corporation;

(3) amateur sports organizations that conduct a national program or regular national amateur athletic competition in 2 or more sports that are included on the program of the Olympic Games, the Paralympic Games, or the Pan-American Games on a level of proficiency appropriate for the selection of amateur athletes to represent the United States in international amateur athletic competition; and

(4) individuals not affiliated or associated with any amateur sports organization who, in the corporation's judgment, represent the interests of the American public in the activities of the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1467; Pub. L. 105–277, div. C, title I, §142(e), 112 Stat. 2681–603.

§220505 · Powers

(a) Constitution and Bylaws.—The corporation shall adopt a constitution and bylaws. The corporation may amend its constitution only if the corporation—

(1) publishes, in its principal publication, a notice of the proposed amendment, including—

(A) the substantive terms of the amendment;

(B) the time and place of the corporation's regular meeting at which adoption of the amendment is to be decided; and

(C) a provision informing interested persons that they may submit materials as authorized in clause (2) of this subsection; and

(2) gives all interested persons an opportunity to submit written comments and information for at least 60 days after publication of notice of the proposed amendment and before adoption of the amendment.

(b) General Corporate Powers.—The corporation may—

(1) adopt and alter a corporate seal;

(2) establish and maintain offices to conduct the affairs of the corporation;

(3) make contracts;

(4) accept gifts, legacies, and devises in furtherance of its corporate purposes;

(5) acquire, own, lease, encumber, and transfer property as necessary to carry out the purposes of the corporation;

(6) borrow money, issue instruments of indebtedness, and secure its obligations by granting security interests in its property;

(7) publish a magazine, newspaper, and other publications consistent with its corporate purposes;

(8) approve and revoke membership in the corporation;

(9) sue and be sued, except that any civil action brought in a State court against the corporation and solely relating to the corporation's responsibilities under this Act 

(10) do any other act necessary and proper to carry out the purposes of the corporation.

(c) Powers Related to Amateur Athletics and the Olympic Games.—The corporation may—

(1) serve as the coordinating body for amateur athletic activity in the United States directly related to international amateur athletic competition;

(2) represent the United States as its national Olympic committee in relations with the International Olympic Committee and the Pan-American Sports Organization and as its national Paralympic committee in relations with the International Paralympic Committee;

(3) organize, finance, and control the representation of the United States in the competitions and events of the Olympic Games, the Paralympic Games, and the Pan-American Games, and obtain, directly or by delegation to the appropriate national governing body, amateur representation for those games;

(4) recognize eligible amateur sports organizations as national governing bodies for any sport that is included on the program of the Olympic Games or the Pan-American Games, or as paralympic sports organizations for any sport that is included on the program of the Paralympic Games;

(5) facilitate, through orderly and effective administrative procedures, the resolution of conflicts or disputes that involve any of its members and any amateur athlete, coach, trainer, manager, administrator, official, national governing body, or amateur sports organization and that arise in connection with their eligibility for and participation in the Olympic Games, the Paralympic Games, the Pan-American Games, world championship competition, the Pan-American world championship competition, or other protected competition as defined in the constitution and bylaws of the corporation; and

(6) provide financial assistance to any organization or association, except a corporation organized for profit, in furtherance of the purposes of the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1468; Pub. L. 105–277, div. C, title I, §142(f), 112 Stat. 2681–604.

§220506 · Exclusive right to name, seals, emblems, and badges

(a) Exclusive Right of Corporation.—Except as provided in subsection (d) of this section, the corporation has the exclusive right to use—

(1) the name “United States Olympic Committee”;

(2) the symbol of the International Olympic Committee, consisting of 5 interlocking rings, the symbol of the International Paralympic Committee, consisting of 3 TaiGeuks, or the symbol of the Pan-American Sports Organization, consisting of a torch surrounded by concentric rings;

(3) the emblem of the corporation, consisting of an escutcheon having a blue chief and vertically extending red and white bars on the base with 5 interlocking rings displayed on the chief; and

(4) the words “Olympic”, “Olympiad”, “Citius Altius Fortius”, “Paralympic”, “Paralympiad”, “Pan-American”, “America Espirito Sport Fraternite”, or any combination of those words.

(b) Contributors and Suppliers.—The corporation may authorize contributors and suppliers of goods or services to use the trade name of the corporation or any trademark, symbol, insignia, or emblem of the International Olympic Committee, International Paralympic Committee, the Pan-American Sports Organization, or of the corporation to advertise that the contributions, goods, or services were donated or supplied to, or approved, selected, or used by, the corporation, the United States Olympic team, the Paralympic team, the Pan-American team, or team members.

(c) Civil Action for Unauthorized Use.—Except as provided in subsection (d) of this section, the corporation may file a civil action against a person for the remedies provided in the Act of July 5, 1946 (15 U.S.C. 1051 et seq.) (popularly known as the Trademark Act of 1946) if the person, without the consent of the corporation, uses for the purpose of trade, to induce the sale of any goods or services, or to promote any theatrical exhibition, athletic performance, or competition—

(1) the symbol described in subsection (a)(2) of this section;

(2) the emblem described in subsection (a)(3) of this section;

(3) the words described in subsection (a)(4) of this section, or any combination or simulation of those words tending to cause confusion or mistake, to deceive, or to falsely suggest a connection with the corporation or any Olympic, Paralympic, or Pan-American Games activity; or

(4) any trademark, trade name, sign, symbol, or insignia falsely representing association with, or authorization by, the International Olympic Committee, the International Paralympic Committee, the Pan-American Sports Organization, or the corporation.

(d) Pre-Existing and Geographic Reference Rights.—(1) A person who actually used the emblem described in subsection (a)(3) of this section, or the words or any combination of the words described in subsection (a)(4) of this section, for any lawful purpose before September 21, 1950, is not prohibited by this section from continuing the lawful use for the same purpose and for the same goods or services.

(2) A person who actually used, or whose assignor actually used, the words or any combination of the words described in subsection (a)(4) of this section, or a trademark, trade name, sign, symbol, or insignia described in subsection (c)(4) of this section, for any lawful purpose before September 21, 1950, is not prohibited by this section from continuing the lawful use for the same purpose and for the same goods or services.

(3) Use of the word “Olympic” to identify a business or goods or services is permitted by this section where—

(A) such use is not combined with any of the intellectual properties referenced in subsections 

(B) it is evident from the circumstances that such use of the word “Olympic” refers to the naturally occurring mountains or geographical region of the same name that were named prior to February 6, 1998, and not to the corporation or any Olympic activity; and

(C) such business, goods, or services are operated, sold, and marketed in the State of Washington west of the Cascade Mountain range and operations, sales, and marketing outside of this area are not substantial.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1469; Pub. L. 105–277, div. C, title I, §142(g), 112 Stat. 2681–604.

§220507 · Restrictions

(a) Profit and Stock.—The corporation may not engage in business for profit or issue stock.

(b) Political Activities.—The corporation shall be nonpolitical and may not promote the candidacy of an individual seeking public office.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1470.

§220508 · Headquarters, principal office, and meetings

The corporation shall maintain its principal office and national headquarters in a place in the United States decided by the corporation. The corporation may hold its annual and special meetings in the places decided by the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1470.

§220509 · Resolution of disputes

(a) General.—The corporation shall establish and maintain provisions in its constitution and bylaws for the swift and equitable resolution of disputes involving any of its members and relating to the opportunity of an amateur athlete, coach, trainer, manager, administrator, or official to participate in the Olympic Games, the Paralympic Games, the Pan-American Games, world championship competition, or other protected competition as defined in the constitution and bylaws of the corporation. In any lawsuit relating to the resolution of a dispute involving the opportunity of an amateur athlete to participate in the Olympic Games, the Paralympic Games, or the Pan-American Games, a court shall not grant injunctive relief against the corporation within 21 days before the beginning of such games if the corporation, after consultation with the chair of the Athletes’ Advisory Council, has provided a sworn statement in writing executed by an officer of the corporation to such court that its constitution and bylaws cannot provide for the resolution of such dispute prior to the beginning of such games.

(b) Ombudsman.—

(1) The corporation shall hire and provide salary, benefits, and administrative expenses for an ombudsman for athletes, who shall—

(A) provide independent advice to athletes at no cost about the applicable provisions of this chapter and the constitution and bylaws of the corporation, national governing bodies, a 

(B) assist in mediating any such disputes; and

(C) report to the Athletes’ Advisory Council on a regular basis.

(2)(A) The procedure for hiring the ombudsman for athletes shall be as follows:

(i) The Athletes’ Advisory Council shall provide the corporation's executive director with the name of one qualified person to serve as ombudsman for athletes.

(ii) The corporation's executive director shall immediately transmit the name of such person to the corporation's executive committee.

(iii) The corporation's executive committee shall hire or not hire such person after fully considering the advice and counsel of the Athletes’ Advisory Council.

If there is a vacancy in the position of the ombudsman for athletes, the nomination and hiring procedure set forth in this paragraph shall be followed in a timely manner.

(B) The corporation may terminate the employment of an individual serving as ombudsman for athletes only if—

(i) the termination is carried out in accordance with the applicable policies and procedures of the corporation;

(ii) the termination is initially recommended to the corporation's executive committee by either the corporation's executive director or by the Athletes’ Advisory Council; and

(iii) the corporation's executive committee fully considers the advice and counsel of the Athletes’ Advisory Council prior to deciding whether or not to terminate the employment of such individual.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1470; Pub. L. 105–277, div. C, title I, §142(h), 112 Stat. 2681–605.

§220510 · Service of process

As a condition to the exercise of any power or privilege granted by this chapter, the corporation shall have a designated agent in the State of Colorado to receive service of process for the corporation. Notice to or service on the agent, or mailed to the business address of the agent, is notice to or service on the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1470; Pub. L. 105–277, div. C, title I, §142(i), 112 Stat. 2681–606.

§220511 · Annual report

(a) Submission to President and Congress.—The corporation shall, on or before the first day of June, 2001, and every fourth year thereafter, transmit simultaneously to the President and to each House of Congress a detailed report of its operations for the preceding 4 years, including—

(1) a complete statement of its receipts and expenditures;

(2) a comprehensive description of the activities and accomplishments of the corporation during such 4-year period;

(3) data concerning the participation of women, disabled individuals, and racial and ethnic minorities in the amateur athletic activities and administration of the corporation and national governing bodies; and

(4) a description of the steps taken to encourage the participation of women, disabled individuals, and racial minorities in amateur athletic activities.

(b) Availability to Public.—The corporation shall make copies of the report available to interested persons at a reasonable cost.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1471; Pub. L. 105–277, div. C, title I, §142(j)(1), 112 Stat. 2681–606.

§220512 · Complete teams

In obtaining representation for the United States in each competition and event of the Olympic Games, Paralympic Games, and Pan-American Games, the corporation, either directly or by delegation to the appropriate national governing body or paralympic sports organization, may select, but is not obligated to select (even if not selecting will result in an incomplete team for an event), athletes who have not met the eligibility standard of the national governing body and the Corporation,

Added Pub. L. 105–277, div. C, title I, §142(k)(1), Oct. 21, 1998, 112 Stat. 2681–606.

Subchapter II—National Governing Bodies

§220521 · Recognition of amateur sports organizations as national governing bodies

(a) General Authority.—For any sport which is included on the program of the Olympic Games, the Paralympic Games, or the Pan-American Games, the corporation is authorized to recognize as a national governing body (in the case of a sport on the program of the Olympic Games or Pan-American Games) or as a paralympic sports organization (in the case of a sport on the program of the Paralympic Games for which a national governing body has not been designated under section 220522(b)) an amateur sports organization which files an application and is eligible for such recognition in accordance with the provisions of subsections 

(b) Public Hearing.—Before recognizing an organization as a national governing body, the corporation shall hold at least 2 public hearings on the application. The corporation shall publish notice of the time, place, and nature of the hearings. Publication shall be made in a regular issue of the corporation's principal publication at least 30 days, but not more than 60 days, before the date of the hearings. The corporation shall send written notice, which shall include a copy of the application, at least 30 days prior to the date of any such public hearing to all amateur sports organizations known to the corporation in that sport.

(c) Recommendation to International Sports Federation.—Within 61 days after recognizing an organization as a national governing body, the corporation shall recommend and support in any appropriate manner the national governing body to the appropriate international sports federation as the representative of the United States for that sport.

(d) Review of Recognition.—The corporation may review all matters related to the continued recognition of an organization as a national governing body and may take action it considers appropriate, including placing conditions on the continued recognition.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1471; Pub. L. 105–277, div. C, title I, §142(l), 112 Stat. 2681–607.

§220522 · Eligibility requirements

(a) General.—An amateur sports organization is eligible to be recognized, or to continue to be recognized, as a national governing body only if it—

(1) is incorporated under the laws of a State of the United States or the District of Columbia as a not-for-profit corporation having as its purpose the advancement of amateur athletic competition;

(2) has the managerial and financial capability to plan and execute its obligations;

(3) submits—

(A) an application, in the form required by the corporation, for recognition as a national governing body;

(B) a copy of its corporate charter and bylaws; and

(C) any additional information considered necessary or appropriate by the corporation;

(4) agrees to submit to binding arbitration in any controversy involving—

(A) its recognition as a national governing body, as provided for in section 220529 of this title, upon demand of the corporation; and

(B) the opportunity of any amateur athlete, coach, trainer, manager, administrator or official to participate in amateur athletic competition, upon demand of the corporation or any aggrieved amateur athlete, coach, trainer, manager, administrator or official, conducted in accordance with the Commercial Rules of the American Arbitration Association, as modified and provided for in the corporation's constitution and bylaws, except that if the Athletes’ Advisory Council and National Governing Bodies’ Council do not concur on any modifications to such Rules, and if the corporation's executive committee is not able to facilitate such concurrence, the Commercial Rules of Arbitration shall apply unless at least two-thirds of the corporation's board of directors approves modifications to such Rules;

(5) demonstrates that it is autonomous in the governance of its sport, in that it—

(A) independently decides and controls all matters central to governance;

(B) does not delegate decision-making and control of matters central to governance; and

(C) is free from outside restraint;

(6) demonstrates that it is a member of no more than one international sports federation that governs a sport included on the program of the Olympic Games or the Pan-American Games;

(7) demonstrates that its membership is open to any individual who is an amateur athlete, coach, trainer, manager, administrator, or official active in the sport for which recognition is sought, or any amateur sports organization that conducts programs in the sport for which recognition is sought, or both;

(8) provides an equal opportunity to amateur athletes, coaches, trainers, managers, administrators, and officials to participate in amateur athletic competition, without discrimination on the basis of race, color, religion, sex, age, or national origin, and with fair notice and opportunity for a hearing to any amateur athlete, coach, trainer, manager, administrator, or official before declaring the individual ineligible to participate;

(9) is governed by a board of directors or other governing board whose members are selected without regard to race, color, religion, national origin, or sex, except that, in sports where there are separate male and female programs, it provides for reasonable representation of both males and females on the board of directors or other governing board;

(10) demonstrates, based on guidelines approved by the corporation, the Athletes’ Advisory Council, and the National Governing Bodies’ Council, that its board of directors and other such governing boards have established criteria and election procedures for and maintain among their voting members individuals who are actively engaged in amateur athletic competition in the sport for which recognition is sought or who have represented the United States in international amateur athletic competition within the preceding 10 years, that any exceptions to such guidelines by such organization have been approved by the corporation, and that the voting power held by such individuals is not less than 20 percent of the voting power held in its board of directors and other such governing boards;

(11) provides for reasonable direct representation on its board of directors or other governing board for any amateur sports organization that—

(A) conducts a national program or regular national amateur athletic competition in the applicable sport on a level of proficiency appropriate for the selection of amateur athletes to represent the United States in international amateur athletic competition; and

(B) ensures that the representation reflects the nature, scope, quality, and strength of the programs and competitions of the amateur sports organization in relation to all other programs and competitions in the sport in the United States;

(12) demonstrates that none of its officers are also officers of any other amateur sports organization recognized as a national governing body;

(13) provides procedures for the prompt and equitable resolution of grievances of its members;

(14) does not have eligibility criteria related to amateur status or to participation in the Olympic Games, the Paralympic Games, or the Pan-American Games that are more restrictive than those of the appropriate international sports federation; and

(15) demonstrates, if the organization is seeking to be recognized as a national governing body, that it is prepared to meet the obligations imposed on a national governing body under sections 220524 and 220525 of this title.

(b) Recognition of Paralympic Sports Organizations.—For any sport which is included on the program of the Paralympic Games, the corporation is authorized to designate, where feasible and when such designation would serve the best interest of the sport, and with the approval of the affected national governing body, a national governing body recognized under subsection (a) to govern such sport. Where such designation is not feasible or would not serve the best interest of the sport, the corporation is authorized to recognize another amateur sports organization as a paralympic sports organization to govern such sport, except that, notwithstanding the other requirements of this chapter, any such paralympic sports organization—

(1) shall comply only with those requirements, perform those duties, and have those powers that the corporation, in its sole discretion, determines are appropriate to meet the objects and purposes of this chapter; and

(2) may, with the approval of the corporation, govern more than one sport included on the program of the Paralympic Games.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1471; Pub. L. 105–277, div. C, title I, §142(m), 112 Stat. 2681–607.

§220523 · Authority of national governing bodies

(a) Authority.—For the sport that it governs, a national governing body may—

(1) represent the United States in the appropriate international sports federation;

(2) establish national goals and encourage the attainment of those goals;

(3) serve as the coordinating body for amateur athletic activity in the United States;

(4) exercise jurisdiction over international amateur athletic activities and sanction international amateur athletic competition held in the United States and sanction the sponsorship of international amateur athletic competition held outside the United States;

(5) conduct amateur athletic competition, including national championships, and international amateur athletic competition in the United States, and establish procedures for determining eligibility standards for participation in competition, except for amateur athletic competition specified in section 220526 of this title;

(6) recommend to the corporation individuals and teams to represent the United States in the Olympic Games, the Paralympic Games, and the Pan-American Games; and

(7) designate individuals and teams to represent the United States in international amateur athletic competition (other than the Olympic Games, the Paralympic Games, and the Pan-American Games) and certify, in accordance with applicable international rules, the amateur eligibility of those individuals and teams.

(b) Replacement of National Governing Body Pursuant to Arbitration.—A national governing body may not exercise any authority under subsection (a) of this section for a particular sport after another amateur sports organization has been declared (in accordance with binding arbitration proceedings prescribed by the organic documents of the corporation) entitled to replace that national governing body as the member of the corporation for that sport.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1473; Pub. L. 105–277, div. C, title I, §142(n), 112 Stat. 2681–608.

§220524 · General duties of national governing bodies

For the sport that it governs, a national governing body shall—

(1) develop interest and participation throughout the United States and be responsible to the persons and amateur sports organizations it represents;

(2) minimize, through coordination with other amateur sports organizations, conflicts in the scheduling of all practices and competitions;

(3) keep amateur athletes informed of policy matters and reasonably reflect the views of the athletes in its policy decisions;

(4) disseminate and distribute to amateur athletes, coaches, trainers, managers, administrators, and officials in a timely manner the applicable rules and any changes to such rules of the national governing body, the corporation, the appropriate international sports federation, the International Olympic Committee, the International Paralympic Committee, and the Pan-American Sports Organization;

(5) allow an amateur athlete to compete in any international amateur athletic competition conducted by any amateur sports organization or person, unless the national governing body establishes that its denial is based on evidence that the organization or person conducting the competition does not meet the requirements stated in section 220525 of this title;

(6) provide equitable support and encouragement for participation by women where separate programs for male and female athletes are conducted on a national basis;

(7) encourage and support amateur athletic sports programs for individuals with disabilities and the participation of individuals with disabilities in amateur athletic activity, including, where feasible, the expansion of opportunities for meaningful participation by individuals with disabilities in programs of athletic competition for able-bodied individuals;

(8) provide and coordinate technical information on physical training, equipment design, coaching, and performance analysis; and

(9) encourage and support research, development, and dissemination of information in the areas of sports medicine and sports safety.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1474; Pub. L. 105–277, div. C, title I, §142(o), 112 Stat. 2681–608.

§220525 · Granting sanctions for amateur athletic competitions

(a) Prompt Review and Decision.—For the sport that it governs, a national governing body promptly shall—

(1) review a request by an amateur sports organization or person for a sanction to hold an international amateur athletic competition in the United States or to sponsor United States amateur athletes to compete in international amateur athletic competition outside the United States; and

(2) grant the sanction if—

(A) the national governing body does not decide by clear and convincing evidence that holding or sponsoring an international amateur athletic competition would be detrimental to the best interest of the sport; and

(B) the requirements of subsection (b) of this section are met.

(b) Requirements.—An amateur sports organization or person may be granted a sanction under this section only if the organization or person meets the following requirements:

(1) The organization or person must pay the national governing body any required sanctioning fee, if the fee is reasonable and nondiscriminatory.

(2) For a sanction to hold an international amateur athletic competition in the United States, the organization or person must—

(A) submit to the national governing body an audited or notarized financial report of similar events, if any, conducted by the organization or person; and

(B) demonstrate that the requirements of paragraph (4) of this subsection have been met.

(3) For a sanction to sponsor United States amateur athletes to compete in international amateur athletic competition outside the United States, the organization or person must—

(A) submit a report of the most recent trip to a foreign country, if any, that the organization or person sponsored for the purpose of having United States amateur athletes compete in international amateur athletic competition; and

(B) submit a letter from the appropriate entity that will hold the international amateur athletic competition certifying that the requirements of paragraph (4) of this subsection have been met.

(4) The requirements referred to in paragraphs (2) and (3) of this subsection are that—

(A) appropriate measures have been taken to protect the amateur status of athletes who will take part in the competition and to protect their eligibility to compete in amateur athletic competition;

(B) appropriate provision has been made for validation of any records established during the competition;

(C) due regard has been given to any international amateur athletic requirements specifically applicable to the competition;

(D) the competition will be conducted by qualified officials;

(E) proper medical supervision will be provided for athletes who will participate in the competition; and

(F) proper safety precautions have been taken to protect the personal welfare of the athletes and spectators at the competition.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1474.

§220526 · Restricted amateur athletic competitions

(a) Exclusive Jurisdiction.—An amateur sports organization that conducts amateur athletic competition shall have exclusive jurisdiction over that competition if participation is restricted to a specific class of amateur athletes, such as high school students, college students, members of the Armed Forces, or similar groups or categories.

(b) Sanctions for International Competition.—An amateur sports organization under subsection (a) of this section shall obtain a sanction from the appropriate national governing body if the organization wishes to—

(1) conduct international amateur athletic competition in the United States; or

(2) sponsor international amateur athletic competition to be held outside the United States.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1475.

§220527 · Complaints against national governing bodies

(a) General.—(1) An amateur sports organization or person that belongs to or is eligible to belong to a national governing body may seek to compel the national governing body to comply with sections 220522, 220524, and 220525 of this title by filing a written complaint with the corporation. A copy of the complaint shall be served on the national governing body.

(2) The corporation shall establish procedures for the filing and disposition of complaints under this section.

(b) Exhaustion of Remedies.—(1) An organization or person may file a complaint under subsection (a) of this section only after exhausting all available remedies within the national governing body for correcting deficiencies, unless it can be shown by clear and convincing evidence that those remedies would have resulted in unnecessary delay.

(2) Within 30 days after a complaint is filed, the corporation shall decide whether the organization or person has exhausted all available remedies as required by paragraph (1) of this subsection. If the corporation determines that the remedies have not been exhausted, it may direct that the remedies be pursued before the corporation considers the complaint further.

(c) Hearings.—If the corporation decides that all available remedies have been exhausted as required by subsection (b)(1) of this section, it shall hold a hearing, within 90 days after the complaint is filed, to receive testimony to decide whether the national governing body is complying with sections 220522, 220524, and 220525 of this title.

(d) Disposition of Complaint.—(1) If the corporation decides, as a result of the hearing, that the national governing body is complying with sections 220522, 220524, and 220525 of this title, it shall so notify the complainant and the national governing body.

(2) If the corporation decides, as a result of the hearing, that the national governing body is not complying with sections 220522, 220524, and 220525 of this title, it shall—

(A) place the national governing body on probation for a specified period of time, not to exceed 180 days, which the corporation considers necessary to enable the national governing body to comply with those sections; or

(B) revoke the recognition of the national governing body.

(3) If the corporation places a national governing body on probation under paragraph (2) of this subsection, it may extend the probationary period if the national governing body has proven by clear and convincing evidence that, through no fault of its own, it needs additional time to comply with sections 220522, 220524, and 220525 of this title. If, at the end of the period allowed by the corporation, the national governing body has not complied with those sections, the corporation shall revoke the recognition of the national governing body.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1476.

§220528 · Applications to replace an incumbent national governing body

(a) General.—An amateur sports organization may seek to replace an incumbent as the national governing body for a particular sport by filing a written application for recognition with the corporation.

(b) Establishment of Procedures.—The corporation shall establish procedures for the filing and disposition of applications under this section. If 2 or more organizations file applications for the same sport, the applications shall be considered in a single proceeding.

(c) Filing Procedures.—(1) An application under this section must be filed within one year after the final day of—

(A) any Olympic Games, for a sport in which competition is held in the Olympic Games or the Paralympic Games, or in both the Olympic and Pan-American Games; or

(B) any Pan-American Games, for a sport in which competition is held in the Pan-American Games but not in the Olympic Games.

(2) The application shall be filed with the corporation by certified mail, and a copy of the application shall be served on the national governing body and with any other organization that has filed an application. The corporation shall inform the applicant that its application has been received.

(d) Hearings.—Within 180 days after receipt of an application filed under this section, the corporation shall conduct a formal hearing open to the public to determine the merits of the application. The corporation shall publish notice of the time and place of the hearing in a regular issue of its principal publication at least 30 days, but not more than 60 days, before the date of the hearing. The corporation also shall send written notice, including a copy of the application, at least 30 days prior to the date of the hearing to all amateur sports organizations known to the corporation in that sport. In the hearing, the applicant and the national governing body shall be given a reasonable opportunity to present evidence supporting their positions.

(e) Standards for Granting Applications.—In the hearing, the applicant must establish by a preponderance of the evidence that—

(1) it meets the criteria for recognition as a national governing body under section 220522 of this title; and

(2)(A) the national governing body does not meet the criteria of section 220522, 220524, or 220525 of this title; or

(B) the applicant more adequately meets the criteria of section 220522 of this title, is capable of more adequately meeting the criteria of sections 220524 and 220525 of this title, and provides or is capable of providing a more effective national program of competition than the national governing body in the sport for which it seeks recognition.

(f) Disposition of Applications.—Within 30 days after the close of the hearing required by this section, the corporation shall—

(1) uphold the right of the national governing body to continue as the national governing body for its sport;

(2) revoke the recognition of the national governing body and declare a vacancy in the national governing body for that sport;

(3) revoke the recognition of the national governing body and recognize the applicant as the national governing body; or

(4) place the national governing body on probation for a period not exceeding 180 days, pending the compliance of the national governing body, if the national governing body would have retained recognition except for a minor deficiency in one of the requirements of section 220522, 220524, or 220525 of this title and notify such national governing body of such probation and of the actions needed to comply with such requirements.

(g) Revocation of Recognition After Probation.—If the national governing body does not comply with sections 220522, 220524, and 220525 of this title within the probationary period prescribed under subsection (f)(4) of this section, the corporation shall revoke the recognition of the national governing body and either—

(1) recognize the applicant as the national governing body; or

(2) declare a vacancy in the national governing body for that sport.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1476; Pub. L. 105–277, div. C, title I, §142(p), 112 Stat. 2681–609.

§220529 · Arbitration of corporation determinations

(a) Right to Review.—A party aggrieved by a determination of the corporation under section 220527 or 220528 of this title may obtain review by any regional office of the American Arbitration Association.

(b) Procedure.—(1) A demand for arbitration must be submitted within 30 days after the determination of the corporation.

(2) On receipt of a demand for arbitration, the Association shall serve notice on the parties to the arbitration and on the corporation, and shall immediately proceed with arbitration according to the commercial rules of the Association in effect at the time the demand is filed, except that—

(A) the arbitration panel shall consist of at least 3 arbitrators, unless the parties to the proceeding agree to a lesser number;

(B) the arbitration hearing shall take place at a site selected by the Association, unless the parties to the proceeding agree to the use of another site; and

(C) the arbitration hearing shall be open to the public.

(3) A decision by the arbitrators shall be by majority vote unless the concurrence of all arbitrators is expressly required by the contesting parties.

(4) Each party may be represented by counsel or by any other authorized representative at the arbitration proceeding.

(5) The parties may offer any evidence they desire and shall produce any additional evidence the arbitrators believe is necessary to an understanding and determination of the dispute. The arbitrators shall be the sole judges of the relevancy and materiality of the evidence offered. Conformity to legal rules of evidence is not necessary.

(c) Settlement.—The arbitrators may settle a dispute arising under this chapter before making a final award, if agreed to by the parties and achieved in a manner not inconsistent with the constitution and bylaws of the corporation.

(d) Binding Nature of Decision.—Final decision of the arbitrators is binding on the parties if the award is not inconsistent with the constitution and bylaws of the corporation.

(e) Reopening Hearings.—(1) At any time before a final decision is made, the hearings may be reopened by the arbitrators on their own motion or on the motion of a party.

(2) If the reopening is based on the motion of a party, and if the reopening would result in the arbitrators’ decision being delayed beyond the specific period agreed to at the beginning of the arbitration proceedings, all parties to the decision must agree to reopen the hearings.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1478.

Chapter 2207. United States Submarine Veterans of World War Ii

§220701 · Definition

For purposes of this chapter, “State” includes the District of Columbia and the territories and possessions of the United States.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1479.

§220702 · Organization

(a) Federal Charter.—United States Submarine Veterans of World War II (in this chapter, the “corporation”), a nonprofit corporation incorporated in New Jersey and Colorado, is a federally chartered corporation.

(b) Expiration of Charter.—If the corporation does not title 26 the charter granted in this chapter shall terminate.

Pub. L. 105–85, div. A, title XV, §1514, Nov. 18, 1997, 111 Stat. 1966.

§5814 · Termination

The charter granted in this chapter shall expire if the association fails to

comply with any provision of this chapter, the charter granted by this chapter expires.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1479.

§220703 · Purposes

The purposes of the corporation are as provided in its articles of incorporation and include—

(1) preserving and promoting patriotism and loyalty to the United States of America;

(2) perpetuating and establishing memorials to the memory of shipmates who served aboard United States submarines and gave their lives in submarine warfare during World War II;

(3) promoting the spirit and unity that existed among the United States Navy submarine crewmen during World War II;

(4) fostering general public awareness of life aboard submarines during World War II, through securing, restoring, and displaying the submarines that were in service at that time;

(5) sponsoring annual college scholarships; and

(6) performing acts of charity as provided in the constitution and bylaws of the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1479.

§220704 · Membership

Except as provided in this chapter, eligibility for membership in the corporation and the rights and privileges of members are as provided in the constitution and bylaws of the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1479.

§220705 · Governing body

(a) Board of Directors.—The board of directors and the responsibilities of the board are as provided in the articles of incorporation.

(b) Officers.—The officers and the election of officers are as provided in the articles of incorporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1479.

§220706 · Powers

The corporation has only the powers provided in its bylaws and articles of incorporation filed in each State in which it is incorporated.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1479.

§220707 · Restrictions

(a) Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend.

(b) Political Activities.—The corporation or a director or officer as such may not contribute to, support, or otherwise participate in any political activity or in any manner attempt to influence legislation.

(c) Distribution of Income or Assets.—The income or assets of the corporation may not inure to the benefit of, or be distributed to, a director, officer, or member during the life of the charter granted by this chapter. This subsection does not prevent the payment of reasonable compensation to an officer or reimbursement for actual necessary expenses in amounts approved by the board of directors.

(d) Loans.—The corporation may not make a loan to a director, officer, or employee.

(e) Claim of Governmental Approval or Authority.—The corporation may not claim congressional approval or the authority of the United States Government for any of its activities.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1480.

§220708 · Duty to maintain tax-exempt status

The corporation shall maintain its status as an organization exempt from taxation under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.).

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1480.

§220709 · Records and inspection

(a) Records.—The corporation shall keep—

(1) correct and complete records of account;

(2) minutes of the proceedings of its members, board of directors, and committees having any of the authority of its board of directors; and

(3) at its principal office, a record of the names and addresses of its members entitled to vote.

(b) Inspection.—A member entitled to vote, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1480.

§220710 · Service of process

The corporation shall comply with the law on service of process of each State in which it is incorporated and each State in which it carries on activities.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1480.

§220711 · Liability for acts of officers and agents

The corporation is liable for the acts of its officers and agents acting within the scope of their authority.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1480.

§220712 · Annual report

The corporation shall submit an annual report to Congress on the activities of the corporation during the prior fiscal year. The report shall be submitted at the same time as the report of the audit required by section 10101 of this title. The report may not be printed as a public document.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1480.

Chapter 2301. Veterans of Foreign Wars of the United States

§230101 · Organization

(a) Federal Charter.—Veterans of Foreign Wars of the United States (in this chapter, the “corporation”), a national association of men who as soldiers, sailors, marines, and airmen served this Nation in wars, campaigns, and expeditions on foreign soil or in hostile waters, is a federally chartered corporation.

(b) Perpetual Existence.—Except as otherwise provided, the corporation has perpetual existence.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1481.

§230102 · Purposes

The purposes of the corporation are fraternal, patriotic, historical, and educational, and are—

(1) to preserve and strengthen comradeship among its members;

(2) to assist worthy comrades;

(3) to perpetuate the memory and history of our dead, and to assist their widows and orphans;

(4) to maintain true allegiance to the Government of the United States, and fidelity to its Constitution and laws;

(5) to foster true patriotism;

(6) to maintain and extend the institutions of American freedom; and

(7) to preserve and defend the United States from all enemies.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1481.

§230103 · Membership

An individual is eligible for membership in the corporation only if the individual served honorably as a member of the Armed Forces of the United States—

(1) in a foreign war, insurrection, or expedition in service that—

(A) has been recognized as campaign-medal service; and

(B) is governed by the authorization of the award of a campaign badge by the United States Government; or

(2) on the Korean peninsula or in its territorial waters for at least 30 consecutive days, or a total of 60 days, after June 30, 1949.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1481.

§230104 · Powers

The corporation may—

(1) adopt and amend a constitution, bylaws, and regulations to carry out the purposes of the corporation;

(2) adopt and alter a corporate seal;

(3) establish and maintain offices to conduct its activities;

(4) make contracts;

(5) acquire, own, lease, encumber, and transfer property as necessary and appropriate to carry out the purposes of the corporation;

(6) establish, regulate, and discontinue subordinate State and territorial subdivisions and local chapters or posts;

(7) publish a magazine and other publications;

(8) sue and be sued; and

(9) do any other act necessary and proper to carry out the purposes of the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1481.

§230105 · Exclusive right to name, seal, emblems, and badges

The corporation has the exclusive right to use the name “Veterans of Foreign Wars of the United States” and its corporate seal and to manufacture and use emblems and badges the corporation adopts.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1482.

§230106 · Service of process

As a condition to the exercise of any power or privilege granted by this chapter, the corporation shall file, with the secretary of state or other designated official of each State, the name and address of an agent in that State on whom legal process or demands against the corporation may be served.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1482.

§230107 · Annual report

Not later than January 1 of each year, the corporation shall submit a report to Congress on the activities of the corporation during the prior fiscal year. The report may not be printed as a public document.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1482.

Chapter 2303. Veterans of World War I of the United States of America, Incorporated

§230301 · Organization

(a) Federal Charter.—Veterans of World War I of the United States of America, Incorporated (in this chapter, the “corporation”), is a federally chartered corporation.

(b) Place of Incorporation and Domicile.—The corporation is declared to be incorporated and domiciled in the District of Columbia.

(c) Perpetual Existence.—Except as otherwise provided, the corporation has perpetual existence.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1482.

§230302 · Purposes

The purposes of the corporation are patriotic, fraternal, historical, and educational, in the service and for the benefit of veterans of World War I, and are—

(1) to provide for the veterans of World War I an organization for their mutual benefit, pleasure, and amusement which will afford them opportunities and means for personal contact with each other to keep alive friendships and memories of World War I and to venerate the memory of their honored dead;

(2) to cooperate to the fullest extent and in a harmonious manner with all veterans’ organizations so that the best interests of all veterans of all wars in which the United States has participated, and the widows and orphans of deceased veterans of those wars, may best be served;

(3) to stimulate communities and political subdivisions into taking more interest in veterans of World War I, the widows and orphans of those deceased veterans, and the problems of those veterans and their widows and orphans;

(4) to collate, preserve, and encourage the study of historical episodes, chronicles, mementos, and events pertaining to World War I;

(5) to fight vigorously to uphold the Constitution and laws of the United States as well as the individual States of the Union and to foster the spirit and practice of true Americanism;

(6) to fight unceasingly for our national security to protect Americans from enemies within our borders, as well as those from without, so that our American way of life is preserved;

(7) to fight to the utmost all those alien forces, particularly forces such as communism, whose objectives are to deny our very existence as a free people; and

(8) to do any other act necessary and proper to carry out the purposes of the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1482.

§230303 · Membership

(a) Eligibility.—Eligibility for membership in the corporation and the rights, privileges, and designation of classes of members are as provided in the constitution and bylaws of the corporation. However, an individual who did not serve honorably in the Armed Forces of the United States during the period beginning April 6, 1917, and ending November 11, 1918, is not eligible for all classes of membership.

(b) Voting.—Each member of the corporation (except an associate or honorary member) has one vote on each matter submitted to a vote at a meeting of the members of the corporation except the national convention.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1483.

§230304 · Governing body

(a) National Convention.—(1) The national convention is the supreme governing authority of the corporation.

(2) The national convention is composed of officers and elected representatives from the States and other local subdivisions of the corporation as provided in the constitution and bylaws of the corporation. However, the form of government of the corporation must be representative of the membership at large and may not permit concentration of control in a limited number of members or in a self-perpetuating group not representative of the membership at large. Each elected representative is entitled to one vote at the national convention.

(3) The meetings of the national convention may be held in the District of Columbia or in any State, territory, or possession of the United States.

(b) Board of Administration.—(1) During the intervals between the national convention, the board of administration is the governing board of the corporation and is responsible for the general policies, program, and activities of the corporation.

(2) The board shall consist of at least 7 members elected in the manner and for the term provided in the constitution and bylaws.

(c) Officers.—(1) The officers of the corporation are a national commander, a national senior vice commander, a national junior vice commander, a national quartermaster, a national adjutant, a national judge advocate, 9 regional vice commanders, and other officers as provided in the constitution and bylaws. One individual may hold the offices of national quartermaster and national adjutant.

(2) The titles, manner of selection, term of office, and duties of the officers are as provided in the constitution and bylaws.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1483.

§230305 · Powers

The corporation may—

(1) adopt and amend a constitution and bylaws for the management of its property and the regulation of its affairs;

(2) adopt and alter a corporate seal;

(3) choose officers, managers, employees, and agents as the activities of the corporation require;

(4) make contracts;

(5) acquire, own, lease, encumber, and transfer property as necessary or convenient to carry out the purposes of the corporation;

(6) borrow money, issue instruments of indebtedness, and secure its obligations by granting security interests in its property;

(7) sue and be sued; and

(8) do any other act necessary and proper to carry out the purposes of the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1484.

§230306 · Exclusive right to name, seals, emblems, and badges

The corporation and its subordinate divisions have the exclusive right to use the name “Veterans of World War I of the United States of America, Incorporated”. The corporation has the exclusive right to use, and to allow others to use, seals, emblems, and badges the corporation adopts.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1484.

§230307 · Restrictions

(a) Stocks and Dividends.—The corporation may not issue stock or declare or pay a dividend.

(b) Political Activities.—The corporation or an officer or agent as such may not contribute to, support, or assist a political party or candidate for public office.

(c) Distribution of Income or Assets.—The income or assets of the corporation may not inure to the benefit of, or be distributed to, an officer or member during the life of the corporation or on its dissolution or final liquidation. This subsection does not prevent the payment of compensation to an officer or reimbursement for actual necessary expenses in amounts approved by the board of administration of the corporation.

(d) Loans.—The corporation may not make a loan or advance to an officer or employee. Members of the board of administration who vote for or assent to making a loan or advance to an officer or employee, and officers who participate in making the loan or advance, are jointly and severally liable to the corporation for the amount of the loan or advance until it is repaid.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1484.

§230308 · Principal office

The principal office of the corporation shall be in the District of Columbia or another place decided by the board of administration. However, the activities of the corporation are not confined to the place where the principal office is located but may be conducted in the District of Columbia and throughout the States, territories, and possessions of the United States.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1485.

§230309 · Records and inspection

(a) Records.—The corporation shall keep—

(1) correct and complete records of account; and

(2) minutes of the proceedings of its national convention and board of administration.

(b) Inspection.—A member, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1485.

§230310 · Service of process

The corporation shall have a designated agent in the District of Columbia to receive service of process for the corporation. Notice to or service on the agent, or mailed to the business address of the agent, is notice to or service on the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1485.

§230311 · Liability for acts of officers and agents

The corporation is liable for the acts of its officers and agents acting within the scope of their authority.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1485.

§230312 · Annual report

Not later than March 1 of each year, the corporation shall submit a report to Congress on the activities of the corporation during the prior fiscal year. The report may consist of a report on the proceedings of the national convention.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1485.

§230313 · Termination of existence and distribution of assets

(a) Authority To Make Contingent Provisions.—The national convention, by resolution, may declare that the corporate existence will terminate on the occurrence of a specified event and provide for the disposition of any property remaining after the discharge of all liabilities.

(b) Procedure for Carrying Out Contingent Provisions.—(1) An authenticated copy of the national convention's resolution must be filed in the office of the United States District Court for the District of Columbia.

(2) The court shall take jurisdiction when—

(A) the declared event has occurred; and

(B) a petition is filed with the court reciting the relevant facts.

(3) On proof of the facts, the court shall enter an order vesting title and ownership in accordance with the resolution of the national convention.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1485.

Chapter 2305. Vietnam Veterans of America, Inc.

§230501 · Definition

of the provisions of this chapter.

Pub. L. 105–85, div. A, title XV, §1515, Nov. 18, 1997, 111 Stat. 1966.

§5815 · “State” defined

For purposes of this chapter, the term “State” includes the District of Columbia Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and the territories and possessions of the United States.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1486.

§230502 · Organization

(a) Federal Charter.—Vietnam Veterans of America, Inc. (in this chapter, the “corporation”), a nonprofit corporation incorporated in New York, is a federally chartered corporation.

(b) Expiration of Charter.—If the corporation does not comply with any provision of this chapter, the charter granted by this chapter expires.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1486.

§230503 · Purposes

The purposes of the corporation are as provided in its articles of incorporation, constitution, and bylaws and include a commitment—

(1) to uphold and defend the Constitution of the United States;

(2) to foster improvement of the condition of Vietnam-era veterans;

(3) to promote the social welfare (including educational, economic, social, physical, and cultural improvement) of Vietnam-era veterans and other veterans in the United States by encouraging their growth, development, readjustment, self-respect, self-confidence, and usefulness;

(4) to improve conditions for Vietnam-era veterans and develop channels of communication to assist Vietnam-era veterans;

(5) to conduct and publish research, on a nonpartisan basis, pertaining to—

(A) the relationship between Vietnam-era veterans and American society;

(B) the Vietnam war experience;

(C) the role of the United States in securing peaceful coexistence for the world community; and

(D) other matters that affect the educational, economic, social, physical, or cultural welfare of Vietnam-era veterans, other veterans, and their families;

(6) to assist disabled Vietnam-era veterans and other veterans in need of assistance and the dependents and survivors of those veterans; and

(7) to consecrate the efforts of the members of the corporation, and Vietnam-era veterans generally, to mutual helpfulness and service to their country.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1486.

§230504 · Membership

(a) Eligibility.—Except as provided in this chapter, eligibility for membership in the corporation and the rights and privileges of members are as provided in the constitution and bylaws of the corporation.

(b) Nondiscrimination.—The terms of membership may not discriminate on the basis of race, color, religion, sex, disability, age, or national origin.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1486.

§230505 · Governing body

(a) Board of Directors.—The board of directors and the responsibilities of the board are as provided in the constitution and bylaws of the corporation.

(b) Officers.—The officers and the election of officers are as provided in the constitution and bylaws of the corporation.

(c) Nondiscrimination.—The requirements for serving as a director or officer may not discriminate on the basis of race, color, religion, sex, disability, age, or national origin.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1487.

§230506 · Powers

The corporation has only the powers provided in its articles of incorporation filed in the State of incorporation and in its constitution and bylaws.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1487.

§230507 · Exclusive right to name, seals, emblems, and badges

The corporation has the exclusive right to use the names “The Vietnam Veterans of America, Inc.”, “Vietnam Veterans of America, Inc.”, and “Vietnam Veterans of America”, and seals, emblems, and badges the corporation adopts. This section does not affect any vested rights.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1487.

§230508 · Restrictions

(a) Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend.

(b) Distribution of Income or Assets.—The income or assets of the corporation may not inure to the benefit of, or be distributed to, a director, officer, or member during the life of the charter granted by this chapter. This subsection does not prevent the payment of reasonable compensation to an officer or reimbursement for actual necessary expenses in amounts approved by the board of directors.

(c) Loans.—The corporation may not make a loan to a director, officer, or employee.

(d) Claim of Governmental Approval or Authority.—The corporation may not claim congressional approval or the authority of the United States Government for any of its activities.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1487.

§230509 · Duty to maintain tax-exempt status

The corporation shall maintain its status as an organization exempt from taxation under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.).

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1487.

§230510 · Records and inspection

(a) Records.—The corporation shall keep—

(1) correct and complete records of account;

(2) minutes of the proceedings of its members, board of directors, and committees having any of the authority of its board of directors; and

(3) at its principal office, a record of the names and addresses of its members entitled to vote.

(b) Inspection.—A member entitled to vote, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1487.

§230511 · Service of process

The corporation shall comply with the law on service of process of each State in which it is incorporated and each State in which it carries on activities.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1488.

§230512 · Liability for acts of officers and agents

The corporation is liable for the acts of its officers and agents acting within the scope of their authority.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1488.

§230513 · Annual report

The corporation shall submit an annual report to Congress on the activities of the corporation during the prior fiscal year. The report shall be submitted at the same time as the report of the audit required by section 10101 of this title. The report may not be printed as a public document.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1488.

Chapter 2401. Women's Army Corps Veterans’ Association

§240101 · Definition

For purposes of this chapter, “State” includes the District of Columbia and the territories and possessions of the United States.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1488.

§240102 · Organization

(a) Federal Charter.—Women's Army Corps Veterans’ Association (in this chapter, the “corporation”), a nonprofit corporation incorporated in the District of Columbia, is a federally chartered corporation.

(b) Expiration of Charter.—If the corporation does not comply with any provision of this chapter, the charter granted by this chapter expires.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1488.

§240103 · Purposes

The purposes of the corporation are as provided in its articles of incorporation and include a continuing commitment on a national basis—

(1) to promote the general welfare of all veterans, especially women veterans, who have served or are serving in the United States Army, the Army Reserve, and the Army National Guard;

(2) to recognize outstanding women in college ROTC units throughout the United States; and

(3) to provide services and support to patients in medical facilities of the Department of Veterans Affairs throughout the United States.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1488.

§240104 · Membership

Eligibility for membership in the corporation and the rights and privileges of members are as provided in the constitution and bylaws of the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1489.

§240105 · Governing body

(a) Board of Directors.—The board of directors and the responsibilities of the board are as provided in the articles of incorporation.

(b) Officers.—The officers and the election of officers are as provided in the articles of incorporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1489.

§240106 · Powers

The corporation has only the powers provided in its bylaws and articles of incorporation filed in each State in which it is incorporated.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1489.

§240107 · Restrictions

(a) Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend.

(b) Political Activities.—The corporation or a director or officer as such may not contribute to, support, or otherwise participate in any political activity or in any manner attempt to influence legislation.

(c) Distribution of Income or Assets.—The income or assets of the corporation may not inure to the benefit of, or be distributed to, a director, officer, or member during the life of the charter granted by this chapter. This subsection does not prevent the payment of reasonable compensation to an officer or reimbursement for actual necessary expenses in amounts approved by the board of directors.

(d) Loans.—The corporation may not make a loan to a director, officer, or employee.

(e) Claim of Governmental Approval or Authority.—The corporation may not claim the approval or the authority of the United States Government for any of its activities.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1489.

§240108 · Duty to maintain tax-exempt status

The corporation shall maintain its status as an organization exempt from taxation under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.).

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1489.

§240109 · Records and inspection

(a) Records.—The corporation shall keep—

(1) correct and complete records of account;

(2) minutes of the proceedings of its members, board of directors, and committees having any of the authority of its board of directors; and

(3) at its principal office, a record of the names and addresses of its members entitled to vote.

(b) Inspection.—A member entitled to vote, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1489.

§240110 · Service of process

The corporation shall comply with the law on service of process of each State in which it is incorporated and each State in which it carries on activities.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1490.

§240111 · Liability for acts of officers and agents

The corporation is liable for the acts of its officers or agents acting within the scope of their authority.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1490.

§240112 · Annual report

The corporation shall submit an annual report to Congress on the activities of the corporation during the prior fiscal year. The report shall be submitted at the same time as the report of the audit required by section 10101 of this title. The report may not be printed as a public document.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1490.

Chapter 2501. [Reserved]

Chapter 2601. [Reserved]

Chapter 2701. [Reserved]

Subtitle III—Treaty Obligation Organizations

Chapter 3001. The American National Red Cross

§300101 · Organization

(a) Federal Charter.—The American National Red Cross (in this chapter, the “corporation”) is a body corporate and politic in the District of Columbia.

(b) Name.—The name of the corporation is “The American National Red Cross”.

(c) Perpetual Existence.—Except as otherwise provided, the corporation has perpetual existence.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1490.

§300102 · Purposes

The purposes of the corporation are—

(1) to provide volunteer aid in time of war to the sick and wounded of the Armed Forces, in accordance with the spirit and conditions of—

(A) the conference of Geneva of October 1863;

(B) the treaties of the Red Cross, or the treaties of Geneva, August 22, 1864, July 27, 1929, and August 12, 1949, to which the United States of America has given its adhesion; and

(C) any other treaty, convention, or protocol similar in purpose to which the United States of America has given or may give its adhesion;

(2) in carrying out the purposes described in paragraph (1) of this section, to perform all the duties devolved on a national society by each nation that has acceded to any of those treaties, conventions, or protocols;

(3) to act in matters of voluntary relief and in accordance with the military authorities as a medium of communication between the people of the United States and the Armed Forces of the United States and to act in those matters between similar national societies of governments of other countries through the International Committee of the Red Cross and the Government, the people, and the Armed Forces of the United States; and

(4) to carry out a system of national and international relief in time of peace, and to apply that system in mitigating the suffering caused by pestilence, famine, fire, floods, and other great national calamities, and to devise and carry out measures for preventing those calamities.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1490.

§300103 · Membership and chapters

(a) Membership.—Membership in the corporation is open to all the people of the United States and its territories and possessions, on payment of an amount specified in the bylaws.

(b) Chapters.—(1) The chapters of the corporation are the local units of the corporation. The board of governors shall prescribe regulations related to—

(A) granting charters to the chapters and revoking those charters;

(B) the territorial jurisdiction of the chapters;

(C) the relationship of the chapters to the corporation; and

(D) compliance by the chapters with the policies and regulations of the corporation.

(2) The regulations shall require that each chapter adhere to the democratic principles of election specified in the bylaws in electing the governing body of the chapter and selecting delegates to the national convention of the corporation.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1491.

§300104 · Board of governors

(a) Board of Governors.—(1) The board of governors is the governing body of the corporation with all powers of governing and managing the corporation. The board has 50 members. The governors shall be appointed or elected in the following manner:

(A) The President shall appoint eight governors, one of whom the President shall designate to act as the principal officer of the corporation with the title and functions provided in the bylaws. The other governors appointed by the President shall be officials of departments and agencies of the United States Government, whose positions and interests qualify them to contribute to carrying out the programs and purposes of the corporation. At least one, but not more than three, of those officials shall be selected from the Armed Forces.

(B) The chapters shall elect 30 governors at the national convention under procedures for nomination and election that ensure equitable representation of all chapters, with regard to geographical considerations, the size of the chapters, and the size of the populations served by the chapters.

(C) The board shall elect 12 governors as members-at-large. Those governors shall be individuals who are representative of the national interests that the corporation serves, and with which it is desirable that the corporation have close association.

(2) One-third of the members elected to the board shall be elected at each national convention, and take office at that time or as soon as practicable after the convention.

(b) Term of Office and Vacancies.—(1) The term of office of each governor is 3 years. However, the term of office of a governor appointed by the President (except the principal officer of the corporation) expires if, before the end of the 3-year term, the governor retires from the official position held at the time of appointment as a governor.

(2) The President shall fill as soon as practicable a vacancy in the office of the principal officer of the corporation or in the position of another governor appointed by the President. The board shall make a temporary appointment to fill a vacancy occurring in an elected position on the board. An individual appointed by the board to fill a vacancy serves until the next national convention.

(c) Executive Committee.—The board may—

(1) appoint, from its own members, an executive committee of at least 11 individuals to exercise the powers of the board when the board is not in session; and

(2) appoint and remove, or provide for the appointment and removal of, officers and employees of the corporation, except the principal officer of the corporation.

(d) Voting by Proxy.—Voting by proxy is not allowed at any meeting of the board, at the national convention, or at any meeting of a chapter. However, the board may allow the election of governors by proxy at the national convention if the board believes a national emergency makes attendance at the national convention impossible.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1491.

§300105 · Powers

(a) General.—The corporation may—

(1) adopt bylaws and regulations;

(2) adopt, alter, and destroy a seal;

(3) own and dispose of property to carry out the purposes of the corporation;

(4) accept gifts, devises, and bequests of property to carry out the purposes of the corporation;

(5) sue and be sued in courts of law and equity, State or Federal, within the jurisdiction of the United States; and

(6) do any other act necessary to carry out this chapter and promote the purposes of the corporation.

(b) Designation.—The corporation is designated as the organization authorized to act in matters of relief under the treaties of Geneva, August 22, 1864, July 27, 1929, and August 12, 1949.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1492.

§300106 · Emblem, badge, and brassard

(a) Emblem and Badge.—In carrying out its purposes under this chapter, the corporation may have and use, as an emblem and badge, a Greek red cross on a white ground, as described in the treaties of Geneva, August 22, 1864, July 27, 1929, and August 12, 1949, and adopted by the nations acceding to those treaties.

(b) Delivery of Brassard.—In accordance with those treaties, the delivery of the brassard allowed for individuals neutralized in time of war shall be left to military authority.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1492.

§300107 · Annual meeting

The annual meeting of the corporation is the national convention of delegates of the chapters. The national convention shall be held annually on a date and at a place specified by the board of governors. In matters requiring a vote at the national convention, each chapter is entitled to at least one vote. The board shall determine on an equitable basis the number of votes that each chapter is entitled to cast, taking into consideration the size of the membership of the chapters and of the populations served by the chapters. The board shall review the allocation of votes at least every 5 years.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1493.

§300108 · Buildings

(a) Ownership.—The United States Government shall retain ownership of the corporation's permanent headquarters, comprised of buildings erected on square 172 in the District of Columbia, including—

(1) the memorial building to commemorate the service and sacrifice of the women of the United States, North and South, during the Civil War, erected for the use of the corporation;

(2) the memorial building to commemorate the service and sacrifice of the patriotic women of the United States, its territories and possessions, and the District of Columbia during World War I, erected for the use of the corporation; and

(3) the permanent building erected for the use of the corporation in connection with its work in cooperation with the Government.

(b) Maintenance and Expenses.—Those buildings shall remain under the supervision of the Administrator of General Services. However, the corporation shall care for and maintain the buildings without expense to the Government.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1493.

§300109 · Endowment fund

The endowment fund of the corporation shall be kept and invested under the management and control of a board of nine trustees elected by the board of governors. The board of governors shall prescribe regulations on terms and tenure of office, accountability, and expenses of the board of trustees.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1493.

§300110 · Annual report and audit

(a) Submission of Report.—As soon as practicable after July 1 of each year, the corporation shall submit a report to the Secretary of Defense on the activities of the corporation during the fiscal year ending June 30, including a complete, itemized report of all receipts and expenditures.

(b) Auditing of Report and Submission to Congress.—The Secretary shall audit the report and submit a copy of the audited report to Congress.

(c) Payment of Audit Expenses.—The corporation shall reimburse the Secretary each year for auditing its accounts. The amount paid shall be deposited in the Treasury of the United States as a miscellaneous receipt.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1493.

§300111 · Reservation of right to amend or repeal

Congress reserves the right to amend or repeal the provisions of this chapter.

Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1494.

105–85, div. A, title XV, §1516, Nov. 18, 1997, 111 Stat. 1966.