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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 Sec. TABLE SHOWING DISPOSITION OF ALL SECTIONS OF


I. PATRIOTIC AND NATIONAL OB- FORMER TITLE 36—Continued
SERVANCES AND CEREMONIES 101
II. PATRIOTIC AND NATIONAL OR- Title 36 Title 36
Former Sections New Sections
GANIZATIONS .................................. 10101
III. TREATY OBLIGATION ORGANI- 25 (1st–5th sentences) .............. 30903
ZATIONS ............................................ 300101 25 (6th sentence) ..................... 30904
25 (7th, 8th sentences) ............. 30903
TABLE SHOWING DISPOSITION OF ALL SECTIONS OF 25 (last sentence) .................... 30904
26 ............................................ 30907
FORMER TITLE 36 27 ............................................ 30905
28 ............................................ 30908
Title 36 Title 36
Former Sections New Sections 29 ............................................ 10102
31, 32 (words before 2d comma) 80301
1, 1a, 2 (1st sentence words be- 300101 32 (words after 2d comma) ...... 80304
fore 2d comma). 33 (words before 19th comma) 80302
2 (1st sentence words between 300105 33 (words after 19th comma) ... 80306
2d comma and 3d semicolon). 34 (1st–7th sentences) .............. 80303
2 (1st sentence words between 300106 34 (last sentence) .................... 80304
3d and 4th semicolons). 35 ............................................ 80303
2 (1st sentence words after 4th 300105 36 ............................................ 80305
semicolon). 37 ............................................ 80307
2 (last sentence) ...................... 300106 38 ............................................ 80304
3 .............................................. 300102 38a .......................................... 10102
4 .............................................. Rep. 39 ............................................ 80307
4a ............................................ 300103 41, 42 ....................................... 21701
5 (matter before (a)), (a), (b), 300104 43 ............................................ 21702
(c) (1st–5th pars.). 44 (words before 4th semicolon 21704
5(c) (6th par.) .......................... 300107 less perpetual succession).
5(c) (last par.) ......................... 300104 44 (words before 4th semicolon 21701
6, 7 .......................................... 300110 related to perpetual succes-
8 .............................................. 300111 sion).
9 .............................................. 300109 44 (words between 4th and 5th 21705
10–12 ........................................ Rep. semicolons).
13 ............................................ 300108 44 (words after 5th semicolon) 21704
14 ............................................ Rep. 45 ............................................ 21703
15 ............................................ 300108 46 ............................................ 21706
16 ............................................ Rep. 47 ............................................ 21704
17, 17a, 17b ............................... Rep. 48 ............................................ 21705
18 (words before ‘‘for patri- 153101 49 ............................................ 21708
otic’’). 50 ............................................ 21707
18 (words beginning with ‘‘for 153102 51 ............................................ 10102
patriotic’’). 56–56h ...................................... Elim.
18a (1st sentence) .................... 153103 57 ............................................ 140101
18a (last sentence) .................. 153105 57a .......................................... 140102
18b (1st sentence) .................... 153107 57b(a) ...................................... 140101
18b (last sentence) .................. 153106 57b(b)–(j) ................................. 140103
18c ........................................... 153104 58 ............................................ 140104
20 (1st sentence words before 21301 59 ............................................ 10102
‘‘for the promotion’’). 61–66 ........................................ Rep.
20 (1st sentence words begin- 21302 67, 67a ..................................... 22701
ning with ‘‘for the pro- 67b(1)–(10) ................................ 22702
motion’’). 67b(11) ..................................... 22707
20 (2d sentence) ....................... 21303 67c (less perpetual succession) 22705
20 (3d sentence words before 2d 21305 67c (related to perpetual suc- 22701
comma). cession).
20 (3d sentence words after 2d 21304 67d(1), (2) ................................. 22707
comma). 67d(3) ....................................... 22704
20 (4th, 5th sentences) ............. 21307 67d(4) ....................................... 22708
20 (last sentence) .................... 21306 67e (words before 3d comma, 22703
20a .......................................... 153301 words after 3d comma relat-
20b .......................................... 153302 ed to discrimination in
20c ........................................... 153303 membership).
20d .......................................... 153304 67e (words after 3d comma re- 22704
20e, 20f .................................... 153301 lated to discrimination in
20g .......................................... 10102 holding office).
21, 22 (words before 2d comma) 30901 67f(1) (1st sentence) ................. 22703
22 (words after 2d comma) ...... 30904 67f(1) (last sentence), (2) ......... 22704
23 ............................................ 30902 67g .......................................... 22705
24 (words before semicolon) .... 30904 67h .......................................... 22712
24 (words after semicolon) ...... 30906 67i(1) ....................................... 22701

Page 1
TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 2
AND ORGANIZATIONS

TABLE SHOWING DISPOSITION OF ALL SECTIONS OF TABLE SHOWING DISPOSITION OF ALL SECTIONS OF
FORMER TITLE 36—Continued FORMER TITLE 36—Continued

Title 36 Title 36 Title 36 Title 36


Former Sections New Sections Former Sections New Sections

67i(2)–(5) .................................. 22705 123 ........................................... 2105


67j ........................................... 22711 123 note ................................... 2112
67k .......................................... 22710 124 ........................................... 2105
67l ........................................... 22704 125 ........................................... 2106
67m ......................................... 22709 125a ......................................... 2107
67n, 67o .................................... 22707 125b ......................................... 2108
67p .......................................... 22706 126 ........................................... Rep.
67q .......................................... 22710 127 ........................................... 2111
67r ........................................... 22705 128 ........................................... 2103
67s ........................................... 10102 129, 130 .................................... Rep.
71–77 ........................................ Elim. 131 ........................................... 2103
78, 78a ..................................... 130101 132 ........................................... 2111
78b .......................................... 130102 133 ........................................... 2103
78c(1) ....................................... 130101 134, 135 .................................... Rep.
78c(2)–(10) ................................ 130105 135a ......................................... (Previously transferred to T. 41
78d .......................................... 130103 § 6v and subsequently re-
78e, 78f .................................... 130104 pealed)
78g(a) ...................................... 130108 136–138 ..................................... 2103
78g(b) ...................................... 130110 138a ......................................... Rep.
78h, 78i .................................... 130107 138b (1st–3d pars.) ................... 2103
78j ........................................... 130111 138b (4th par.) ......................... 2110
78k .......................................... 130107 138b (last par.) ........................ 2103
78l ........................................... 130109 138c, 138c note ......................... 2109
78m ......................................... Rep. 138d ......................................... 2103
78n .......................................... 130112 139 (words before ‘‘for patri- 153901
78o ........................................... 130106 otic, historical, and edu-
78p .......................................... 130113 cational purposes’’).
78q .......................................... 10102 139 (words beginning with ‘‘for 153902
81–88 ........................................ Rep. patriotic, historical, and
90a, 90b .................................... 50301 educational purposes’’).
90c ........................................... 50302 139a ......................................... 153903
90d (less perpetual succession) 50304 139b ......................................... 153904
90d (related to perpetual suc- 50301 140 ........................................... 154301
cession). 140 note ................................... 10102
90e ........................................... 50303 140a ......................................... 154302
90f ........................................... 50306 140b(a) ..................................... 154301
90g .......................................... 50304 140b(b)–(j) ................................ 154303
90h .......................................... 50305 140c ......................................... 154304
90i ........................................... 50308 141, 142 .................................... 117
90j ........................................... 50307 142a ......................................... 109
90k .......................................... 10102 142b ......................................... 125
91, 92 ....................................... 22501 142c, 142c–1 .............................. 134
93 ............................................ 22502 143 ........................................... 105
94 ............................................ 22508 144 ........................................... (See former 170)
95 (words before colon) ........... 22504 145 ........................................... 128
95 (words between colon and 22501 146 ........................................... 107
1st comma). 147, 148 .................................... 111
95 (words after 1st comma) ..... 22504 149 ........................................... 141
96 (1st sentence) ...................... 22507 150 ........................................... 103
96 (last sentence) .................... 22506 151 ........................................... 118
97 ............................................ 22503 151a ......................................... 134
98 ............................................ 22506 152 ........................................... Rep.
99 ............................................ 22504 153 ........................................... 106
100 ........................................... 22505 154 ........................................... T. 8 § 1448a
101 ........................................... 22510 155 ........................................... 121
102 ........................................... 22509 155a ......................................... 2502
103 ........................................... 22501 155b ......................................... 2501
104 ........................................... 10102 156 ........................................... 124
105 ........................................... 22501 157 ........................................... 110
111, 112 .................................... 230101 157a ......................................... 122
113 ........................................... 230102 157b ......................................... 112
114 (words before 4th semi- 230104 158 ........................................... 140
colon less perpetual succes- 159 ........................................... 108
sion). 160 ........................................... 120
114 (words before 4th semi- 230101 161 ........................................... 131
colon related to perpetual 162 ........................................... 115
succession). 163 ........................................... 123
114 (words between 4th and 5th 230105 164 ........................................... 113
semicolons). 165 ........................................... 130
114 (words after 5th semicolon) 230104 166 ........................................... 133
115 ........................................... 230103 167(1), (2) ................................. 136
116 ........................................... 230104 167(3), (4) (related to Police 137
117 ........................................... 230105 Week).
118 ........................................... 230107 167(4) (related to Peace Offi- 136
119 ........................................... 230106 cers Memorial Day).
120 ........................................... 10102 168 ........................................... 132
121 (1st, 2d pars.) ..................... 2101 169 ........................................... 143
121 (3d par.) ............................. 2102 169a ......................................... 138
121 (last par.) .......................... 2101 169b ......................................... 101
121a ......................................... Rep. 169c ......................................... 114
121b ......................................... 2102 169d ......................................... 142
122 ........................................... 2101 169e ......................................... 139
122a ......................................... 2102 169f .......................................... 126
122b ......................................... 2104 169g ......................................... 116
Page 3 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES,
AND ORGANIZATIONS

TABLE SHOWING DISPOSITION OF ALL SECTIONS OF TABLE SHOWING DISPOSITION OF ALL SECTIONS OF
FORMER TITLE 36—Continued FORMER TITLE 36—Continued

Title 36 Title 36 Title 36 Title 36


Former Sections New Sections Former Sections New Sections

169h ......................................... 119 342 (1st sentence) .................... 22102


169i .......................................... 104 342 (2d, last sentences) ............ 22105
169i note .................................. 701 343 ........................................... 22103
169i–1(a)(1) ............................... 703 344 ........................................... 22106
169i–1(a)(2) ............................... 702 345 (less perpetual succession) 22104
169i–1(b) .................................. 704 345 (related to perpetual suc- 22101
169i–1(c) ................................... Rep. cession).
169j—169j–10 ............................ Rep. 346 (1st sentence) .................... 22109
169k ......................................... 102 346 (last sentence) ................... 22108
169l .......................................... 129 347 ........................................... 22105
169m ........................................ 127 348 ........................................... 22107
170, 171 .................................... 301 349 ........................................... Rep.
172–178 ..................................... T. 4 §§ 4–10 350 ........................................... 22101
179–182 ..................................... 901 351 ........................................... 22104
182a–184 ................................... Rep. 352 ........................................... 10102
185 ........................................... (See former 169h) 371 (1st sentence) .................... 220502
186 ........................................... 302 371 (last sentence) ................... 220508
187 ........................................... 303 372 ........................................... 220502
188 ........................................... 304 373 ........................................... 220501
189, 189 note ............................ 902 374 ........................................... 220503
189a ......................................... 902 375(a) (words before cl. (1) less 220505
201 ........................................... 40301 perpetual succession).
202 ........................................... 40302 375(a) (words before cl. (1) re- 220502
203 ........................................... 40303 lated to perpetual succes-
204 ........................................... 40305 sion).
205 (less perpetual succession) 40304 375(a)(1)–(16), (b) ...................... 220505
205 (related to perpetual suc- 40301 376 ........................................... 220504
cession). 377, 378 .................................... 220507
206 ........................................... 40306 379 ........................................... 220505
207 ........................................... 40307 380 ........................................... 220506
208 ........................................... 10102 381 ........................................... 220510
221, 222 .................................... 190101 382 ........................................... 10102
223 ........................................... 190102 382a(a) ..................................... 220511
224 (less perpetual succession) 190105 382a(b) ..................................... Rep.
224 (related to perpetual suc- 190101 382b ......................................... 220509
cession). 383 ........................................... 220502
225 ........................................... 190103 384 ........................................... Rep.
226, 227(a)–(d) .......................... 190104 391(a) ....................................... 220521
227(e) ....................................... 190103 391(b), (c) ................................ 220522
228 ........................................... 190105 391(d) ....................................... 220521
229, 230, 231 (words before 2d 190107 392(a)(1)–(3) ............................. 220524
comma). 392(a)(4) ................................... 220525
231 (words after 2d comma) ..... 190112 392(a)(5)–(9) ............................. 220524
232 ........................................... 190111 392(b) ....................................... 220525
233 ........................................... 190109 393, 393 note ............................ 220523
234 ........................................... 190107 394 ........................................... 220521
235 ........................................... Rep. 395(a) ....................................... 220527
236 (1st sentence) .................... 190108 395(b)(1)–(4) ............................. 220528
236 (2d, last sentences), 237 ..... 190110 395(b)(5) ................................... 220521
238 ........................................... 190106 395(c) ....................................... 220529
239 ........................................... 10102 396 ........................................... 220526
251 ........................................... 150301 401 ........................................... 150502
252 ........................................... 150302 402 ........................................... 150503
253 (words before 1st comma) 150304 403 ........................................... 150506
253 (words after 1st comma) ... 150303 404(a) ....................................... 150509
254 ........................................... 150302 404(b) ....................................... 150511
254 note ................................... 10102 405 ........................................... 150504
271, 272 .................................... 70901 406, 407 .................................... 150505
273 ........................................... 70902 408 ........................................... 150506
274 ........................................... 70906 409–411 ..................................... 150508
275 (1st sentence) .................... 70910 412 ........................................... 150512
275 (2d, last sentences) ............ 70912 413 ........................................... 150510
276 ........................................... 70903 414, 415 .................................... 150508
277 ........................................... 70905 416 ........................................... Rep.
278 ........................................... 70904 417 ........................................... 150513
279, 280 .................................... 70908 418 ........................................... 150507
281 ........................................... 70913 419 ........................................... 150511
282 ........................................... 70908 420 ........................................... 150501
283 ........................................... 70911 421 ........................................... 10102
284 ........................................... Rep. 426 ........................................... Rep.
285 ........................................... 70914 431, 432 .................................... 150701
286 ........................................... 70907 433 ........................................... 150702
287 ........................................... 70912 434 ........................................... 150706
288 ........................................... 70909 435(a) ....................................... 150709
289 ........................................... 70906 435(b) ....................................... 150711
290 ........................................... 70901 436 ........................................... 150703
291 ........................................... 10102 437 ........................................... 150704
311, 312 .................................... 140301 438 ........................................... 150705
313 ........................................... 140302 439, 440 .................................... 150708
314(a) ....................................... 140301 441 ........................................... 150712
314(b)–(k), 315 .......................... 140303 442 ........................................... 150708
316 ........................................... 140304 443 ........................................... 150710
317 ........................................... 140305 444 ........................................... Rep.
341 ........................................... 22101 445 ........................................... 150713
TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 4
AND ORGANIZATIONS

TABLE SHOWING DISPOSITION OF ALL SECTIONS OF TABLE SHOWING DISPOSITION OF ALL SECTIONS OF
FORMER TITLE 36—Continued FORMER TITLE 36—Continued

Title 36 Title 36 Title 36 Title 36


Former Sections New Sections Former Sections New Sections

446 ........................................... 150707 613 ........................................... 151908


447 ........................................... 10102 614 ........................................... Rep.
461, 462 .................................... 152501 615 ........................................... 151911
463 ........................................... 152502 616 ........................................... 151905
464 ........................................... 152505 617 ........................................... 10102
465(a) ....................................... 152508 631, 632 .................................... 130301
465(b) ....................................... 152510 633 ........................................... 130302
466 ........................................... 152503 634(1) ....................................... 130301
467–469 ..................................... 152504 634(2)–(9) .................................. 130305
470, 471 .................................... 152507 635(a) ....................................... 130307
472 ........................................... 152511 635(b) ....................................... 130309
473 ........................................... 152507 636 ........................................... 130303
474 ........................................... 152509 637, 638 .................................... 130304
475 ........................................... Rep. 639, 640 .................................... 130306
476 ........................................... 152512 641 ........................................... 130310
477 ........................................... 152506 642 ........................................... 130306
478 ........................................... 152505 643 ........................................... 130308
479 ........................................... 10102 644 ........................................... Rep.
491 ........................................... Rep. 645 ........................................... 130311
492 ........................................... Rep. 646 ........................................... 130305
493 ........................................... Elim. 647 ........................................... 10102
501, 502 .................................... 30701 648 ........................................... 130301
503 ........................................... 30702 661, 662 .................................... 152301
504 ........................................... 30705 663 ........................................... 152302
505 (1st sentence) .................... 30708 664 ........................................... 152305
505 (2d, 3d sentences) .............. 30710 665 (1st sentence) .................... 152308
505 (last sentence) ................... 30708 665 (2d, 3d sentences) .............. 152310
506 ........................................... 30703 665 (last sentence) ................... 152308
507, 508 .................................... 30704 666 ........................................... 152303
509, 510 .................................... 30707 667, 668 .................................... 152304
511 ........................................... 30711 669, 670 .................................... 152307
512 ........................................... 30707 671 ........................................... 152311
513 ........................................... 30709 672 ........................................... 152307
514 ........................................... Rep. 673 ........................................... 152309
515 ........................................... 30712 674 ........................................... Rep.
516 ........................................... 30706 675 ........................................... 152312
517 ........................................... 30710 676 ........................................... 152306
518 ........................................... 10102 677 ........................................... 152310
531, 532 .................................... 200301 678 ........................................... 152305
533 ........................................... 200302 679 ........................................... 152301
534(1) ....................................... 200301 680 ........................................... 10102
534(2)–(10) ................................ 200305 691, 692 .................................... 31101
535 ........................................... 200303 693 ........................................... 31102
536–538 ..................................... 200304 694(1) ....................................... 31101
539(a) ....................................... 200308 694(2)–(9) .................................. 31105
539(b) ....................................... 200310 695(a) ....................................... 31107
540, 541 .................................... 200307 695(b) ....................................... 31109
542 ........................................... 200311 696 ........................................... 31103
543 ........................................... 200307 697, 698 .................................... 31104
544 ........................................... 200309 699, 700 .................................... 31106
545 ........................................... Rep. 701 ........................................... 31110
546 ........................................... 200312 702 ........................................... 31106
547 ........................................... 200306 703 ........................................... 31108
548 ........................................... 200305 704 ........................................... Rep.
549 ........................................... 200313 705 ........................................... 31111
550 ........................................... 10102 706 ........................................... 31105
571, 572 .................................... 70501 707 ........................................... 10102
573 ........................................... 70502 721(a) ....................................... Rep.
574 ........................................... 70505 721(b) ....................................... 501
575(a) ....................................... 70508 722(a), (b) ................................ 502
575(b) ....................................... 70510 723 ........................................... 510
576 ........................................... 70503 724 ........................................... 503
577, 578 .................................... 70504 725 (1st–3d sentences) .............. 504
579, 580 .................................... 70507 725 (4th sentence) .................... 508
581 ........................................... 70511 725 (last sentence) ................... 504
582 ........................................... 70507 726 ........................................... Rep.
583 ........................................... 70509 727 ........................................... 505
584 ........................................... Rep. 728 (1st, 2d sentences) ............. 506
585 ........................................... 70512 728 (3d, last sentences) ............ 509
586 ........................................... 70503 729 ........................................... 507
587 ........................................... 70506 730 ........................................... 501–505, 508, 510
588 ........................................... 70505 741–747 ..................................... Rep.
589 ........................................... 10102 748 ........................................... Rep.
601, 602 .................................... 151901 749 ........................................... Rep.
603 ........................................... 151902 761, 762 .................................... 230301
604(1) ....................................... 151901 763 ........................................... 230302
604(2)–(9) .................................. 151905 764(1) ....................................... 230301
605(a) ....................................... 151907 764(2)–(10) ................................ 230305
605(b) ....................................... 151909 765 ........................................... 230303
606 ........................................... 151903 766(a) ....................................... 230304
607, 608 .................................... 151904 766(b) ....................................... 230303
609, 610 .................................... 151906 767, 768 .................................... 230304
611 ........................................... 151910 769(a) ....................................... 230308
612 ........................................... 151906 769(b) ....................................... 230310
Page 5 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES,
AND ORGANIZATIONS

TABLE SHOWING DISPOSITION OF ALL SECTIONS OF TABLE SHOWING DISPOSITION OF ALL SECTIONS OF
FORMER TITLE 36—Continued FORMER TITLE 36—Continued

Title 36 Title 36 Title 36 Title 36


Former Sections New Sections Former Sections New Sections

770, 771 .................................... 230307 914(a) ....................................... 110301


772 ........................................... 230311 914(b)–(h) ................................. 110304
773 ........................................... 230307 915(a) ....................................... 110306
774 ........................................... 230309 915(b) ....................................... 110308
775 ........................................... Rep. 916, 917 .................................... 110303
776 ........................................... 230312 918, 919 .................................... 110305
777 ........................................... 230306 920 ........................................... 110309
778 ........................................... 230305 921 ........................................... 110305
779 ........................................... 230313 922 ........................................... 110307
780 ........................................... 10102 923 ........................................... Rep.
791, 792 .................................... 40501 924 ........................................... 110310
793 ........................................... 40502 925 ........................................... 110304
794 ........................................... 40505 926 ........................................... 10102
795(a) ....................................... 40507 941, 942 .................................... 30502
795(b) ....................................... 40509 943 ........................................... 30503
796 ........................................... 40503 944(1) ....................................... 30502
797, 798 .................................... 40504 944(2)–(10) ................................ 30506
799(a) (1st sentence words be- 40506 945 (1st sentence) .................... 30504
fore last comma). 945 (last sentence) ................... 30501
799(a) (1st sentence words 40510 946, 947 .................................... 30505
after last comma). 948 (1st sentence 1st–14th 30509
799(a) (last sentence), (b), 800 .. 40506 words).
801 ........................................... 40510 948 (1st sentence 15th–last 30511
802 ........................................... 40506 words, 2d, last sentences).
803 ........................................... 40508 949, 950 .................................... 30508
804 ........................................... Rep. 951 ........................................... 30512
805 ........................................... 40511 952 ........................................... 30508
806 ........................................... 40505 953 ........................................... 30510
807 ........................................... 10102 954 ........................................... Rep.
821, 822 .................................... 140501 955 ........................................... 30513
823 ........................................... 140502 956 ........................................... 30507
824(1) ....................................... 140501 957 ........................................... 30514
824(2)–(9) .................................. 140505 958 ........................................... 10102
825(a) ....................................... 140507 971, 972 .................................... 20101
825(b) ....................................... 140510 973(A) (1st sentence words be- 20102
826 ........................................... 140503 fore proviso).
827, 828 .................................... 140504 973(A) (1st sentence proviso) ... 20106
829, 830 .................................... 140506 973(A) (last sentence), (B)–(G) 20102
831 ........................................... 140509 974(1) ....................................... 20101
832 ........................................... 140506 974(2)–(9) .................................. 20105
833 ........................................... 140508 975(a) ....................................... 20107
834 ........................................... Rep. 975(b) ....................................... 20109
835 ........................................... 140511 976 ........................................... 20103
836 ........................................... 140505 977, 978 .................................... 20104
837 ........................................... 10102 979, 980 .................................... 20106
851, 852 .................................... 30301 981 ........................................... 20110
853(1)–(3), (4) (less words be- 30302 982 ........................................... 20106
tween 1st comma and semi- 983 ........................................... 20108
colon). 984 ........................................... Rep.
853(4) (words between 1st 30307 985 ........................................... 20111
comma and semicolon). 986 ........................................... 20101
854 ........................................... 30305 987 ........................................... 20105
855(a) ....................................... 30308 988 ........................................... 10102
855(b) ....................................... 30310 1001, 1002 ................................. 153701
856 ........................................... 30303 1003 ......................................... 153702
857, 858 .................................... 30304 1004(1) ..................................... 153701
859, 860 .................................... 30307 1004(2)–(8) ................................ 153705
861 ........................................... 30311 1005 ......................................... 153703
862 ........................................... 30307 1006–1008 .................................. 153704
863 ........................................... 30309 1009(a) ..................................... 153708
864 ........................................... Rep. 1009(b) ..................................... 153710
865 ........................................... 30312 1010, 1011 ................................. 153707
866 ........................................... 30305 1012 ......................................... 153711
867 ........................................... 30306 1013 ......................................... 153707
868 ........................................... 10102 1014 ......................................... 153709
881, 882 .................................... 30101 1015 ......................................... Rep.
883 ........................................... 30102 1016 ......................................... 153712
884(1) ....................................... 30101 1017 ......................................... 153706
884(2)–(9) .................................. 30105 1018 ......................................... 153705
885(a) ....................................... 30108 1019 ......................................... 153713
885(b) ....................................... 30110 1020 ......................................... 10102
886 ........................................... 30103 1041 ......................................... 154101
887, 888 .................................... 30104 1042 ......................................... 154102
889, 890 .................................... 30107 1043 ......................................... 154105
891 ........................................... 30111 1044(1) ..................................... 154101
892 ........................................... 30107 1044(2)–(9) ................................ 154105
893 ........................................... 30109 1045(a) ..................................... 154108
894 ........................................... Rep. 1045(b) ..................................... 154110
895 ........................................... 30106 1046 ......................................... 154103
896 ........................................... 30105 1047, 1048 ................................. 154104
897 ........................................... 30112 1049, 1050 ................................. 154107
898 ........................................... 10102 1051 ......................................... 154111
911, 912 .................................... 110301 1052 ......................................... 154107
913 ........................................... 110302 1053 ......................................... 154109
TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 6
AND ORGANIZATIONS

TABLE SHOWING DISPOSITION OF ALL SECTIONS OF TABLE SHOWING DISPOSITION OF ALL SECTIONS OF
FORMER TITLE 36—Continued FORMER TITLE 36—Continued

Title 36 Title 36 Title 36 Title 36


Former Sections New Sections Former Sections New Sections

1054 ......................................... Rep. 1309(h) ..................................... 10102


1055 ......................................... 154113 1401 ......................................... 2301
1056 ......................................... 154106 1402, 1403 ................................. 2302
1057 ......................................... 154105 1404 ......................................... 2307
1058 ......................................... 154112 1404 (notes) ............................. 2302, 2307
1059 ......................................... 10102 1405 ......................................... 2303
1071, 1072 ................................. 130501 1406 ......................................... 2305
1073 ......................................... 130502 1407 ......................................... 2304
1074 ......................................... 130505 1408 ......................................... 2309
1075(a) ..................................... 130508 1409 ......................................... 2308
1075(b) ..................................... 130511 1410 ......................................... 2306
1076 ......................................... 130503 1411 ......................................... Rep.
1077, 1078 ................................. 130504 1501 ......................................... 152702
1079, 1080 ................................. 130507 1502 ......................................... 152706
1081 ......................................... 130512 1503 ......................................... 152703
1082 ......................................... 130507 1504 ......................................... 152710
1083 ......................................... 130509 1505 ......................................... 152704
1084 (less (b) (2d sentence cl. 10101 1506, 1507 ................................. 152705
(2))). 1508 ......................................... 152707
1084(b) (2d sentence cl. (2)) ...... 130510 1509 ......................................... 152711
1085 ......................................... 130513 1510 ......................................... 152709
1086 ......................................... 130506 1511 ......................................... 152712
1087 ......................................... 130505 1512 ......................................... 10102
1088 ......................................... 10102 1513 ......................................... 152701
1101(1)–(76), (77) (related to 10101 1514 (1st sentence) ................... 152708
Fleet Reserve Association), 1514 (last sentence) ................. 152702
(79), (80). 1601 ......................................... 80502
1101(77) (related to NNRCF) .... Rep. 1602 ......................................... 80506
1102, 1103 ................................. 10101 1603 (less discrimination) ....... 80503
1151, 1152 ................................. 170101 1603 (related to discrimination 80504
1153 ......................................... 170102 in membership).
1154 (less perpetual succes- 170104 1603 (related to discrimination 80505
sion). in holding office).
1154 (related to perpetual suc- 170101 1604 ......................................... 80510
cession). 1605 ......................................... 80504
1155, 1156 ................................. 170106 1606, 1607 ................................. 80505
1157 ......................................... 170103 1608 ......................................... 80507
1158 ......................................... 170107 1609 ......................................... 80511
1159 ......................................... 170111 1610 ......................................... 80509
1160 ......................................... 170105 1611 ......................................... 80512
1161 ......................................... 170108 1612 ......................................... 10102
1162 ......................................... 170109 1613 ......................................... 80501
1163 ......................................... 170104 1614 (1st sentence) ................... 80508
1164 ......................................... 170106 1614 (last sentence) ................. 80502
1165 ......................................... 170110 1701 ......................................... 100102
1166 ......................................... 10101 1702 ......................................... 100106
1167 ......................................... 10102 1703 ......................................... 100103
1201, 1202 ................................. 220301 1704 ......................................... 100110
1203 ......................................... 220302 1705 ......................................... 100104
1204 ......................................... 220305 1706, 1707 ................................. 100105
1205(a) ..................................... 220310 1708 ......................................... 100107
1205(b) ..................................... 220312 1709 ......................................... 100111
1206 ......................................... 220303 1710 ......................................... 100109
1207, 1208 ................................. 220304 1711 ......................................... 100112
1209 ......................................... 220308 1712 ......................................... 10102
1210 ......................................... 220313 1713 ......................................... 100101
1211 ......................................... 220308 1714 (1st sentence) ................... 100108
1212 ......................................... 220311 1714 (last sentence), 1715 ......... 100102
1213(a) ..................................... 10101 1801 ......................................... 220702
1213(b) ..................................... 220314 1802 ......................................... 220706
1214 ......................................... 220315 1803 ......................................... 220703
1215 ......................................... 220306 1804 ......................................... 220710
1216 (1st sentence) ................... 220305 1805 ......................................... 220704
1216 (last sentence) ................. 220309 1806, 1807 ................................. 220705
1217 ......................................... 220314 1808 ......................................... 220707
1218 ......................................... 10102 1809 ......................................... 220711
1219 ......................................... 220307 1810 ......................................... 220709
1301 ......................................... 220101 1811 ......................................... 220712
1302 ......................................... 220102 1812 ......................................... 10102
1303 ......................................... 220105 1813 ......................................... 220701
1304(a), (b) ............................... 220108 1814 (1st sentence) ................... 220708
1304(c) ..................................... 220114 1814 (last sentence), 1815 ......... 220702
1304(d), (e) ............................... 220108 1901 ......................................... 20702
1305(a) ..................................... 220103 1902 ......................................... 20706
1305(b)–(d) ............................... 220104 1903 ......................................... 20703
1306 (1st sentence) ................... 220105 1904 ......................................... 20710
1306 (last sentence) ................. 220109 1905 ......................................... 20704
1307 ......................................... 220106 1906, 1907 ................................. 20705
1308 ......................................... 220107 1908 ......................................... 20707
1309(a) ..................................... 220110 1909 ......................................... 20711
1309(b), (c) ............................... 220112 1910 ......................................... 20709
1309(d) ..................................... 220111 1911 ......................................... 20712
1309(e), (f) ................................ 220113 1912 ......................................... 10102
1309(g) ..................................... (See 36:1101) 1913 ......................................... 20701
Page 7 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES,
AND ORGANIZATIONS

TABLE SHOWING DISPOSITION OF ALL SECTIONS OF TABLE SHOWING DISPOSITION OF ALL SECTIONS OF
FORMER TITLE 36—Continued FORMER TITLE 36—Continued

Title 36 Title 36 Title 36 Title 36


Former Sections New Sections Former Sections New Sections

1914 ......................................... 20708 2502 ......................................... 170506


2001 ......................................... 151502 2503 ......................................... 170503
2002 ......................................... 151506 2504 ......................................... 170510
2003 ......................................... 151503 2505 (words before 3d comma, 170504
2004 ......................................... 151510 words after 3d comma relat-
2005 ......................................... 151504 ed to discrimination in
2006, 2007 ................................. 151505 membership).
2008(a)–(e) ............................... 151507 2505 (words after 3d comma re- 170505
2008(f) ...................................... 151508 lated to discrimination in
2009 ......................................... 151511 holding office), 2506, 2507.
2010 ......................................... 151509 2508 ......................................... 170507
2011 ......................................... 151512 2509 ......................................... 170511
2012 ......................................... 10102 2510 ......................................... 170509
2013 ......................................... 151501 2511 ......................................... 170512
2014 (1st sentence) ................... 151508 2512 ......................................... 10102
2014 (last sentence), 2015 ......... 151502 2513 ......................................... 170501
2101 ......................................... 20902 2514 (1st sentence) ................... 170508
2102 ......................................... 20906 2514 (last sentence), 2515 ......... 170502
2103 ......................................... 20903 2601 ......................................... 40102
2104 ......................................... 20911 2602 ......................................... 40106
2105 ......................................... 20904 2603 ......................................... 40103
2106, 2107 ................................. 20905 2604 ......................................... 40110
2108(a)–(e) ............................... 20908 2605 ......................................... 40104
2108(f) ...................................... 20909 2606, 2607 ................................. 40105
2109 ......................................... 20912 2608 ......................................... 40107
2110 ......................................... 20910 2609 ......................................... 40111
2111 ......................................... 20913 2610 ......................................... 40109
2112 ......................................... 10102 2611 ......................................... 40112
2113 ......................................... 20901 2612 ......................................... 10102
2114 (1st sentence) ................... 20909 2613 ......................................... 40101
2114 (last sentence) ................. 20902 2614 (1st sentence) ................... 40108
2115 ......................................... 20907 2614 (last sentence), 2615 ......... 40102
2116 ......................................... 20902 2701(a) ..................................... 110102
2201 ......................................... 70302 2701(b) ..................................... 110108
2202 ......................................... 70306 2702 ......................................... 110106
2203 ......................................... 70303 2703 ......................................... 110103
2204 ......................................... 70310 2704 ......................................... 110110
2205 ......................................... 70304 2705 ......................................... 110104
2206, 2207 ................................. 70305 2706, 2707 ................................. 110105
2208 ......................................... 70307 2708 ......................................... 110107
2209 ......................................... 70311 2709 ......................................... 110111
2210 ......................................... 70309 2710 ......................................... 110109
2211 ......................................... 70312 2711 ......................................... 110112
2212 ......................................... 10102 2712 ......................................... 10102
2213 ......................................... 70301 2713 ......................................... 110101
2214 (1st sentence) ................... 70308 2714 (1st sentence) ................... 110108
2214 (last sentence), 2215 ......... 70302 2714 (last sentence), 2715 ......... 110102
2301 ......................................... 150102 2801 ......................................... 154502
2302 ......................................... 150107 2802 ......................................... 154506
2303 ......................................... 150103 2803 ......................................... 154503
2304 ......................................... 150111 2804 ......................................... 154510
2305 ......................................... 150105 2805 ......................................... 154504
2306, 2307 ................................. 150106 2806, 2807 ................................. 154505
2308(a)–(e) ............................... 150108 2808(a)–(e) ............................... 154507
2308(f) ...................................... 150109 2808(f) ...................................... 154508
2309 ......................................... 150112 2809 ......................................... 154511
2310 ......................................... 150110 2810 ......................................... 154509
2311 ......................................... 150113 2811 ......................................... 154512
2312 ......................................... 10102 2812 ......................................... 10102
2313 ......................................... 150101 2813 ......................................... 154501
2314 (1st sentence) ................... 150109 2814 (1st sentence) ................... 154508
2314 (last sentence), 2315 ......... 150102 2814 (last sentence), 2815 ......... 154502
2316 ......................................... 150104 2901 ......................................... 152902
2401 ......................................... 21102 2902 ......................................... 152906
2402 ......................................... 21106 2903 ......................................... 152903
2403 ......................................... 21103 2904 ......................................... 152911
2404 ......................................... 21110 2905 (words before 3d comma, 152904
2405 (words before 3d comma, 21104 words after 3d comma relat-
words after 3d comma relat- ed to discrimination in
ed to discrimination in membership).
membership). 2905 (words after 3d comma re- 152905
2405 (words after 3d comma re- 21105 lated to discrimination in
lated to discrimination in holding office), 2906, 2907.
holding office), 2406, 2407. 2908(a)–(e) ............................... 152908
2408(a)–(d) ............................... 21107 2908(f) ...................................... 152909
2408(e) ..................................... 21108 2909 ......................................... 152907
2409 ......................................... 21111 2910 ......................................... 152912
2410 ......................................... 21109 2911 ......................................... 152910
2411 ......................................... 21112 2912 ......................................... 152913
2412 ......................................... 10102 2913 ......................................... 10102
2413 ......................................... 21101 2914 ......................................... 152901
2414 (1st sentence) ................... 21108 2915 (1st sentence) ................... 152909
2414 (last sentence), 2415 ......... 21102 2915 (last sentence), 2916 ......... 152902
2501 ......................................... 170502 3001 ......................................... 210302
TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 8
AND ORGANIZATIONS

TABLE SHOWING DISPOSITION OF ALL SECTIONS OF TABLE SHOWING DISPOSITION OF ALL SECTIONS OF
FORMER TITLE 36—Continued FORMER TITLE 36—Continued

Title 36 Title 36 Title 36 Title 36


Former Sections New Sections Former Sections New Sections

3002 ......................................... 210306 3604 ......................................... 170311


3003 ......................................... 210303 3605 (words before 1st comma, 170304
3004 ......................................... 210311 words after 1st comma relat-
3005 (words before 3d comma, 210304 ed to discrimination in
words after 3d comma relat- membership).
ed to discrimination in 3605 (words after 1st comma 170305
membership). related to discrimination in
3005 (words after 3d comma re- 210305 holding office), 3606, 3607.
lated to discrimination in 3608 ......................................... 170308
holding office), 3006, 3007. 3609 ......................................... 170312
3008 ......................................... 210308 3610 ......................................... 170310
3009 ......................................... 210312 3611 ......................................... 170313
3010 ......................................... 210310 3612 ......................................... 10102
3011 ......................................... 210313 3613 ......................................... 170301
3012 ......................................... 10102 3614 ......................................... 170309
3013 ......................................... 210301 3615 ......................................... 170307
3014 (1st sentence) ................... 210309 3616 ......................................... 170302
3014 (last sentence) ................. 210302 3701 ......................................... 50102
3015 ......................................... 210307 3702 ......................................... 50106
3016 ......................................... 210302 3703 ......................................... 50103
3101 ......................................... 240102 3704 ......................................... 50110
3102 ......................................... 240106 3705 ......................................... 50104
3103 ......................................... 240103 3706, 3707 ................................. 50105
3104 ......................................... 240110 3708 ......................................... 50107
3105 ......................................... 240104 3709 ......................................... 50111
3106, 3107 ................................. 240105 3710 ......................................... 50109
3108 ......................................... 240107 3711 ......................................... 50112
3109 ......................................... 240111 3712 ......................................... 10102
3110 ......................................... 240109 3713 ......................................... 50101
3111 ......................................... 240112 3714 ......................................... 50108
3112 ......................................... 10102 3715 ......................................... 50102
3113 ......................................... 240101 3801 ......................................... 230502
3114 (1st sentence) ................... 240108 3802 ......................................... 230506
3114 (last sentence), 3115 ......... 240102 3803 ......................................... 230503
3201 ......................................... 20501 3804 ......................................... 230511
3202 ......................................... 20502 3805 ......................................... 230504
3203 (1st sentence) ................... 20503 3806, 3807, 3808 (related to di- 230505
3203 (last sentence) ................. 20505 rectors and officers).
3204 ......................................... 20504 3808 (related to membership) .. 230504
3205 ......................................... 20503 3809 ......................................... 230508
3206 ......................................... Rep. 3810 ......................................... 230512
3207 ......................................... 20501 3811 ......................................... 230510
3208 ......................................... 20506 3812 ......................................... 230513
3209 ......................................... 10102 3813 ......................................... 10102
3301 ......................................... 21901 3814 ......................................... 230501
3302 (1st sentence) ................... 21905 3815 ......................................... 230509
3302 (last sentence) ................. 21902 3816 ......................................... 230507
3303 (less perpetual succes- 21903 3817 ......................................... 230502
sion). 3901 ......................................... 22902
3303 (related to perpetual suc- 21901 3902 ......................................... 22906
cession). 3903 ......................................... 22903
3304 ......................................... 21905 3904 ......................................... 22910
3305 ......................................... 21904 3905 ......................................... 22904
3306 ......................................... 21906 3906, 3907 ................................. 22905
3307 ......................................... 21903 3908(a)–(e) ............................... 22907
3308 ......................................... 21908 3908(f) ...................................... 22908
3309 ......................................... 21907 3909 ......................................... 22911
3310 ......................................... 10102 3910 ......................................... 22909
3401, 3402 ................................. 22301 3911 ......................................... 22912
3403 ......................................... 22302 3912 ......................................... 10102
3404(1) ..................................... 22301 3913 ......................................... 22901
3404(2)–(9) ................................ 22305 3914 (1st sentence) ................... 22908
3405(a) ..................................... 22308 3914 (last sentence), 3915 ......... 22902
3405(b) ..................................... 22310 4001 ......................................... 154702
3406 ......................................... 22303 4002 ......................................... 154706
3407, 3408 ................................. 22304 4003 ......................................... 154703
3409, 3410 ................................. 22307 4004 ......................................... 154711
3411 ......................................... 22311 4005 ......................................... 154704
3412 ......................................... 22307 4006, 4007, 4008 (related to di- 154705
3413 ......................................... 22309 rectors and officers).
3414 ......................................... Rep. 4008 (related to membership) .. 154704
3415 ......................................... 22312 4009 ......................................... 154708
3416 ......................................... 22306 4010 ......................................... 154712
3417 ......................................... 22305 4011 ......................................... 154710
3418 ......................................... 10102 4012 ......................................... 154713
3501(a) ..................................... 80101 4013 ......................................... 10102
3501(b) ..................................... 80102 4014 ......................................... 154701
3501(c) ..................................... 80106 4015 (1st sentence) ................... 154709
3502 ......................................... 80104 4015 (last sentence) ................. 154702
3503 (1st sentence) ................... 80103 4016 ......................................... 154707
3503 (last sentence), 3504 ......... 80105 4017 ......................................... 154702
3601 ......................................... 170302 4101 ......................................... 152102
3602 ......................................... 170306 4102 ......................................... 152106
3603 ......................................... 170303 4103 ......................................... 152103
Page 9 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES,
AND ORGANIZATIONS

TABLE SHOWING DISPOSITION OF ALL SECTIONS OF TABLE SHOWING DISPOSITION OF ALL SECTIONS OF
FORMER TITLE 36—Continued FORMER TITLE 36—Continued

Title 36 Title 36 Title 36 Title 36


Former Sections New Sections Former Sections New Sections

4104 ......................................... 152104 4514(b) (2d sentence cl. (2)) ...... 150909
4105, 4106 ................................. 152105 4515 ......................................... 150912
4107(a)–(e) ............................... 152107 4516 ......................................... 150905
4107(f) ...................................... 152108 4517 ......................................... 10102
4108 ......................................... 152111 4601, 4602 ................................. 153501
4109 ......................................... 152110 4603 ......................................... 153502
4110 ......................................... 152109 4604 ......................................... 153505
4111 ......................................... 152112 4605, 4606 ................................. 153504
4112 ......................................... 10102 4607(a) ..................................... 153508
4113 ......................................... 152101 4607(b) ..................................... 153511
4114 ......................................... 152108 4608 ......................................... 153503
4115 ......................................... 152102 4609 ......................................... 153512
4201 ......................................... 20301 4610 (less (b) (2d sentence cl. 10101
4202 ......................................... 20302 (2))).
4203 (words before 1st comma) 20303 4610(b) (2d sentence cl. (2)) ...... 153510
4203 (words after 1st comma) .. 20304 4611 ......................................... 153509
4204 (related to meeting) ........ 20305 4612, 4613 ................................. 153507
4204 (related to report) ........... 20306 4614 ......................................... 153513
4205 ......................................... 20304 4615 ......................................... 153507
4206 ......................................... 10102 4616 ......................................... 153506
4301, 4302 ................................. 23101 4617 ......................................... 10102
4303(1) (1st sentence words be- 23102 4701, 4702 (words before 2d 210101
fore 8th comma). comma).
4303(1) (1st sentence words 23106 4702 (words after 2d comma) ... 210105
after 8th comma). 4703 ......................................... 210102
4303(1) (last sentence), (2)–(7) .. 23102 4704 (1st par.) .......................... 210104
4304(1) ..................................... 23101 4704 (last par. related to regu- 210103
4304(2)–(9) ................................ 23105 lations for membership).
4305(a) ..................................... 23107 4704 (last par. less regulations 210104
4305(b) ..................................... 23110 for membership).
4306 ......................................... 23103 4705 ......................................... 210106
4307–4309 .................................. 23104 4706 ......................................... 10102
4310, 4311 ................................. 23106 4707 ......................................... 210105
4312 ......................................... 23111 4801 ......................................... 60102
4313 ......................................... 23106 4802 ......................................... 60106
4314 ......................................... 23108 4803 ......................................... 60103
4315 (less (b) (2d sentence cl. 10101 4804 ......................................... 60110
(2))). 4805(a), (b) (related to dis- 60104
4315(b) (2d sentence cl. (2)) ...... 23109 crimination in membership).
4316 ......................................... 23112 4805(b) (related to discrimina- 60105
4317 ......................................... 23105 tion in holding office), 4806,
4318 ......................................... 10102 4807.
4401 (words before ‘‘for the fol- 70701 4808 ......................................... 60107
lowing objects and pur- 4809 ......................................... 60111
poses’’). 4810 ......................................... 60109
4401 (words beginning with 70702 4811 ......................................... 60112
‘‘for the following objects 4812 ......................................... 10102
and purposes’’). 4813 ......................................... 60101
4402 (words before last semi- 70704 4814 ......................................... 60108
colon). 4815 ......................................... 60102
4402 (words after last semi- 70705 4901 ......................................... 21501
colon). 4902 ......................................... 21504
4403 ......................................... 70701 4903 (words before 8th comma 21502
4404 (1st–3d sentences) ............ 70703 less ‘‘gratuitously or other-
4404 (4th sentence related to 70704 wise’’).
adopting and altering seal). 4903 (‘‘gratuitously or other- 21505
4404 (4th sentence less adopt- 70703 wise’’ and words after 8th
ing and altering seal). comma).
4404 (5th sentence related to 70704 4904 (1st sentence) ................... 21503
establishing bylaws). 4904 (last sentence) ................. 21506
4404 (5th sentence less estab- 70703 4905–4908 .................................. 21503
lishing bylaws). 4909 ......................................... 21501
4404 (last sentence related to 70704 4910 ......................................... 10102
employment authority). 5001 ......................................... 140702
4404 (last sentence less em- 70703 5002 ......................................... 140706
ployment authority). 5003 ......................................... 140703
4405 ......................................... 70707 5004 ......................................... 140710
4406 ......................................... 70705 5005 ......................................... 140704
4407 ......................................... 70706 5006, 5007, 5008 (related to di- 140705
4408 ......................................... 10102 rectors and officers).
4501 ......................................... 150901 5008 (related to membership) .. 140704
4502 ......................................... 150905 5009 ......................................... 140707
4503 ......................................... 150902 5010 ......................................... 140711
4504 ......................................... 150905 5011 ......................................... 140709
4505(a) ..................................... 150907 5012 ......................................... 140712
4505(b) ..................................... 150910 5013 ......................................... 10102
4506 ......................................... 150903 5014 (1st sentence) ................... 140708
4507, 4508 ................................. 150904 5014 (last sentence), 5015 ......... 140702
4509, 4510 ................................. 150906 5016 ......................................... 140701
4511 ......................................... 150911 5101 ......................................... 190302
4512 ......................................... 150906 5102 ......................................... 190306
4513 ......................................... 150908 5103 ......................................... 190303
4514 (less (b) (2d sentence cl. 10101 5104 ......................................... 190311
(2))). 5105 ......................................... 190304
TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 10
AND ORGANIZATIONS

TABLE SHOWING DISPOSITION OF ALL SECTIONS OF TABLE SHOWING DISPOSITION OF ALL SECTIONS OF
FORMER TITLE 36—Continued FORMER TITLE 36—Continued

Title 36 Title 36 Title 36 Title 36


Former Sections New Sections Former Sections New Sections

5106, 5107, 5108 (related to di- 190305 5508(b)–(e) ............................... 40703


rectors and officers). 5509 ......................................... 40706
5108 (related to membership) .. 190304 5521 ......................................... Rep.
5109 ......................................... 190308 5522 ......................................... Elim.
5110 ......................................... 190312 5523 ......................................... Rep.
5111 ......................................... 190310 5601 ......................................... 70102
5112 ......................................... 190313 5602 ......................................... 70106
5113 ......................................... 10102 5603 ......................................... 70103
5114 (1st sentence) ................... 190309 5604 ......................................... 70110
5114 (last sentence) ................. 190302 5605 ......................................... 70104
5115 ......................................... 190307 5606, 5607 ................................. 70105
5116 ......................................... 190302 5608(a)–(d) ............................... 70107
5117 ......................................... 190301 5608(e) ..................................... 70108
5201(a) ..................................... 151301 5608(f) ...................................... 70103
5201(b) ..................................... 151302 5608(g) (related to member- 70104
5202(a)–(f) ................................ 151303 ship).
5202(g)(1)(A) ............................ 151304 5608(g) (related to directors 70105
5202(g)(1)(B), (C) ...................... 151305 and officers).
5202(g)(2), (h) ........................... 151304 5609 ......................................... 70111
5203(a)(1) ................................. 151301 5610 ......................................... 70109
5203(a)(2), (3) ........................... 151306 5611 ......................................... 70112
5203(a)(4) ................................. 151308 5612 ......................................... 10102
5203(b), (c)(1), (2) (words before 151305 5613 (related to termination of 70102
2d comma). charter).
5203(c)(2) (words after 2d 151303 5613 (related to duty to main- 70108
comma). tain status).
5203(c)(3)–(5) ............................ 151305 5614 ......................................... 70102
5204, 5205 ................................. 151307 5615 ......................................... 70101
5206(a) ..................................... 10101 5701(a) ..................................... 151701
5206(b) ..................................... 151311 5701(b) ..................................... 151702
5206(c) ..................................... 151309 5702(a)–(f) ................................ 151703
5207 ......................................... 151310 5702(g)(1)(A) ............................ 151704
5301 ......................................... 151101 5702(g)(1)(B), (C) ...................... 151705
5302 (1st sentence) ................... 151102 5702(g)(2)(A) (1st, 2d sentences, 151704
5302 (last sentence) ................. 151104 last sentence related to em-
5303 ......................................... 151105 ployees).
5304 ......................................... 151106 5702(g)(2)(A) (last sentence re- 151703
5305 ......................................... 151103 lated to board of directors).
5306 ......................................... 151104 5702(g)(2)(B), (C) ...................... 151704
5307 ......................................... Rep. 5703(a)(1) ................................. 151701
5308 ......................................... 151107 5703(a)(2), (3) ........................... 151706
5309 ......................................... 151105 5703(a)(4), (a) (last par.) .......... 151708
5310 ......................................... 151101 5703(b), (c)(1)–(4), (5) (words be- 151705
5311 ......................................... 10102 fore 2d comma).
5401 (1st sentence words before 200101 5703(c)(5) (words after 2d 151703
‘‘for the education of the comma).
general public’’). 5703(c)(6), (7), (last par.) .......... 151705
5401 (1st sentence words begin- 200102 5704, 5705 ................................. 151707
ning with ‘‘for the education 5706(a) ..................................... 10101
of the general public’’). 5706(b) ..................................... 151712
5401 (2d sentence words before 200103 5706(c) ..................................... 151709
proviso). 5707 ......................................... 151710
5401 (2d sentence proviso, 3d 200104 5708 ......................................... 151711
sentence). 5801 ......................................... 20202
5401 (last sentence words be- 200105 5802 ......................................... 20206
fore proviso). 5803 ......................................... 20203
5401 (last sentence proviso) .... 200104 5804 ......................................... 20210
5402 ......................................... 10102 5805 ......................................... 20204
5501(a) (less ‘‘nonprofit’’) ........ 40701 5806, 5807 ................................. 20205
5501(a) (related to nonprofit) .. 40704 5808(a)–(d) ............................... 20207
5501(b)(1) ................................. 40701 5808(e) ..................................... 20208
5501(b)(2) ................................. 40705 5808(f) ...................................... 20203
5501(c)(1)–(4) ............................ 40702 5808(g) (related to directors 20205
5501(c)(5) ................................. Elim. and officers).
5501(d) ..................................... 40702 5808(g) (related to member- 20204
5502(a) (words before cl. (1)) .... 40721 ship).
5502(a) (less words before cl. 40722 5809 ......................................... 20211
(1)). 5810 ......................................... 20209
5502(b) ..................................... 40724 5811 ......................................... 20212
5502(c) ..................................... 40730 5812 ......................................... 10102
5502(d) ..................................... Rep. 5813 (related to termination of 20202
5503 ......................................... 40723 charter).
5504(a) ..................................... 40731 5813 (related to duty to main- 20208
5504(b), (c) ............................... 40732 tain status).
5504(d) ..................................... 40731 5814 ......................................... 20202
5504(e)(1) ................................. 40732 5815 ......................................... 20201
5504(e)(2) ................................. 40733 5901 ......................................... 21002
5505 ......................................... 40728 5902 ......................................... 21006
5506(a) ..................................... 40729 5903 ......................................... 21003
5506(b), (c) ............................... 40728 5904 ......................................... 21010
5506(d) ..................................... 40729 5905 ......................................... 21004
5507 ......................................... 40727 5906, 5907 ................................. 21005
5508(a)(1), (2) ........................... 40703 5908(a)–(d) ............................... 21007
5508(a)(3) ................................. 40704 5908(e) ..................................... 21008
Page 11 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES,
AND ORGANIZATIONS

TABLE SHOWING DISPOSITION OF ALL SECTIONS OF ‘‘(c) CONTINUING EFFECT.—An order, rule, or regula-
FORMER TITLE 36—Continued tion in effect under a law replaced by section 1 or 2 of
this Act continues in effect under the corresponding
Title 36 Title 36 provision enacted by this Act until repealed, amended,
Former Sections New Sections
or superseded.
5908(f) ...................................... 21003 ‘‘(d) ACTIONS AND OFFENSES UNDER PRIOR LAW.—An
5908(g) (related to member- 21004 action taken or an offense committed under a law re-
ship). placed by section 1 or 2 of this Act is deemed to have
5908(g) (related to directors 21005 been taken or committed under the corresponding pro-
and officers). vision enacted by this Act.
5909 ......................................... 21011
‘‘(e) INFERENCES.—An inference of a legislative con-
5910 ......................................... 21009
5911 ......................................... 21012 struction is not to be drawn by reason of the location
5912 ......................................... 10102 in the United States Code of a provision enacted by this
5913 (related to termination of 21002 Act or by reason of a caption or catch line of the provi-
charter). sion.
5913 (related to duty to main- 21008 ‘‘(f) SEVERABILITY.—If a provision enacted by this Act
tain status). is held invalid, all valid provisions that are severable
5914 ......................................... 21002
from the invalid provision remain in effect. If a provi-
5915 ......................................... 21001
sion enacted by this Act is held invalid in any of its ap-
plications, the provision remains valid for all valid ap-
ENACTING CLAUSE
plications that are severable from any of the invalid
Pub. L. 105–225, § 1, Aug. 12, 1998, 112 Stat. 1253, pro- applications.’’
vided in part that: ‘‘Certain general and permanent
laws of the United States, related to patriotic and na- REPEALS AND SAVINGS PROVISIONS
tional observances, ceremonies, and organizations, are Pub. L. 105–354, § 5(a), Nov. 3, 1998, 112 Stat. 3245, pro-
revised, codified, and enacted as title 36, United States vided that: ‘‘The repeal of a law by this Act may not be
Code, ‘Patriotic and National Observances, Ceremonies, construed as a legislative inference that the provision
and Organizations’ ’’. was or was not in effect before its repeal.’’
Pub. L. 105–354, § 5(b), Nov. 3, 1998, 112 Stat. 3245, re-
LEGISLATIVE PURPOSE AND CONSTRUCTION
pealed specified laws, except for rights and duties that
Pub. L. 105–354, § 4, Nov. 3, 1998, 112 Stat. 3245, pro- matured, penalties that were incurred, and proceedings
vided that: that were begun before Nov. 3, 1998.
‘‘(a) NO SUBSTANTIVE CHANGE.—(1) Section 1 of this Pub. L. 105–225, § 6(a), Aug. 12, 1998, 112 Stat. 1499, pro-
Act restates, without substantive change, laws enacted vided that: ‘‘The repeal of a law by this Act may not be
before September 5, 1998, that were replaced by section construed as a legislative inference that the provision
1. Section 1 may not be construed as making a sub- was or was not in effect before its repeal.’’
stantive change in the laws replaced. Pub. L. 105–225, § 6(b), Aug. 12, 1998, 112 Stat. 1499, re-
‘‘(2) Laws enacted after September 4, 1998, that are in- pealed specified laws, except for rights and duties that
consistent with this Act supersede this Act to the ex- matured, penalties that were incurred, and proceedings
tent of the inconsistency. that were begun before Aug. 12, 1998.
‘‘(b) REFERENCES.—A reference to a law replaced by
this Act, including a reference in a regulation, order, or
other law, is deemed to refer to the corresponding pro- Subtitle I—Patriotic and National
vision enacted by this Act. Observances and Ceremonies
‘‘(c) CONTINUING EFFECT.—An order, rule, or regula-
tion in effect under a law replaced by this Act con- PART A—OBSERVANCES AND CEREMONIES
tinues in effect under the corresponding provision en- Chapter Sec.
acted by this Act until repealed, amended, or super-
1. Patriotic and National Observ-
seded.
‘‘(d) ACTIONS AND OFFENSES UNDER PRIOR LAW.—An ances ................................................... 101
action taken or an offense committed under a law re- 3. National Anthem, Motto, Floral
placed by this Act is deemed to have been taken or Emblem March, and Tree .............. 301
committed under the corresponding provision enacted 5. Presidential Inaugural Ceremonies 501
by this Act. 7. Federal Participation in Carl Gar-
‘‘(e) INFERENCES.—An inference of a legislative con- ner Federal Lands Cleanup Day .. 701
struction is not to be drawn by reason of the location
in the United States Code of a provision enacted by this
9. Miscellaneous ....................................... 901
Act or by reason of a heading of the provision. PART B—UNITED STATES GOVERNMENT ORGANIZATIONS
‘‘(f) SEVERABILITY.—If a provision enacted by this Act INVOLVED WITH OBSERVANCES AND CEREMONIES
is held invalid, all valid provisions that are severable
from the invalid provision remain in effect. If a provi- 21. American Battle Monuments Com-
sion enacted by this Act is held invalid in any of its ap- mission ............................................... 2101
plications, the provision remains valid for all valid ap- 23. United States Holocaust Memorial
plications that are severable from any of the invalid Council ............................................... 2301
applications.’’ 25. President’s Committee on Employ-
Pub. L. 105–225, § 5, Aug. 12, 1998, 112 Stat. 1499, pro- ment of People With Disabilities 2501
vided that:
‘‘(a) NO SUBSTANTIVE CHANGE.—Sections 1 and 2 of AMENDMENTS
this Act restate, without substantive change, laws en-
2004—Pub. L. 108–447, div. J, title I, § 109(b)(1), Dec. 8,
acted before August 16, 1997, that were replaced by
2004, 118 Stat. 3344, substituted ‘‘March, and Tree’’ for
those sections. Those sections may not be construed as
‘‘, and March’’ in item for chapter 3.
making a substantive change in the laws replaced.
Laws enacted after August 15, 1997, that are inconsist- PART A—OBSERVANCES AND CEREMONIES
ent with this Act supersede this Act to the extent of
the inconsistency. CHAPTER 1—PATRIOTIC AND NATIONAL
‘‘(b) REFERENCES.—A reference to a law replaced by OBSERVANCES
section 1 or 2 of this Act, including a reference in a reg-
ulation, order, or other law, is deemed to refer to the Sec.
corresponding provision enacted by this Act. 101. American Heart Month.
TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 12
AND ORGANIZATIONS

Sec. ‘‘(5) Although the National Park Service admin-


102. Asian/Pacific American Heritage Month. isters battlefields, historical parks, historic sites, and
103. Cancer Control Month. programs that address elements of the story of the
104. Carl Garner Federal Lands Cleanup Day. American Revolution, there is a need to establish
105. Child Health Day. partnerships that link sites and programs adminis-
106. Constitution Day and Citizenship Day. tered by the National Park Service with those of
107. Columbus Day. other Federal and non-Federal entities in order to
108. Constitution Week. place the story of the American Revolution in the
109. Father’s Day. broad context of its causes, consequences, and mean-
110. Flag Day. ings.
111. Gold Star Mother’s Day. ‘‘(6) The story and significance of the American
112. Honor America Days. Revolution can best engage the American people
113. Law Day, U.S.A. through a national program of the National Park
114. Leif Erikson Day. Service that links historic structures and sites,
115. Loyalty Day. routes, activities, community projects, exhibits, and
116. Memorial Day. multimedia materials, in a manner that is both uni-
117. Mother’s Day. fied and flexible.
118. National Aviation Day. ‘‘(b) PURPOSES.—The purposes of this Act [probably
119. National Day of Prayer. should be ‘‘title’’] are as follows:
120. National Defense Transportation Day. ‘‘(1) To recognize the enduring importance of the
121. National Disability Employment Awareness American Revolution in the lives of American citi-
Month. zens today.
122. National Flag Week. ‘‘(2) To authorize the National Park Service to
123. National Forest Products Week. coordinate, connect, and facilitate Federal and non-
124. National Freedom Day. Federal activities to commemorate, honor, and inter-
125. National Grandparents Day. pret the history of the American Revolution, its sig-
126. National Hispanic Heritage Month. nificance, and its relevance to the shape and spirit of
127. National Korean War Veterans Armistice American Government and society.
Day.
128. National Maritime Day. ‘‘SEC. 203. 225TH ANNIVERSARY OF THE AMERICAN
129. National Pearl Harbor Remembrance Day. REVOLUTION COMMEMORATION PROGRAM.
130. National Poison Prevention Week. ‘‘(a) IN GENERAL.—The Secretary of the Interior
131. National Safe Boating Week. (hereinafter in this Act [title] referred to as the ‘Sec-
132. National School Lunch Week. retary’) shall establish a program to be known as the
133. National Transportation Week. ‘225th Anniversary of the American Revolution Com-
134. Pan American Aviation Day. memoration’ (hereinafter in this Act [title] referred to
135. Parents’ Day. as the ‘225th Anniversary’). In administering the 225th
136. Peace Officers Memorial Day. Anniversary, the Secretary shall—
137. Police Week. ‘‘(1) produce and disseminate to appropriate persons
138. Save Your Vision Week. educational materials, such as handbooks, maps, in-
139. Steelmark Month. terpretive guides, or electronic information related
140. Stephen Foster Memorial Day. to the 225th Anniversary and the American Revolu-
141. Thomas Jefferson’s birthday. tion;
142. White Cane Safety Day. ‘‘(2) enter into appropriate cooperative agreements
143. Wright Brothers Day. and memoranda of understanding to provide tech-
144. Patriot Day. nical assistance under subsection (c);
‘‘(3) assist in the protection of resources associated
AMENDMENTS with the American Revolution;
2004—Pub. L. 108–447, div. J, title I, § 111(c)(2), Dec. 8, ‘‘(4) enhance communications, connections, and col-
2004, 118 Stat. 3345, inserted ‘‘Constitution Day and’’ be- laboration among the National Park Service units
fore ‘‘Citizenship Day’’ in item 106. and programs related to the Revolutionary War;
2001—Pub. L. 107–89, § 2, Dec. 18, 2001, 115 Stat. 877, ‘‘(5) expand the research base for American Revolu-
added item 144. tion interpretation and education; and
‘‘(6) create and adopt an official, uniform symbol or
225TH ANNIVERSARY OF THE AMERICAN REVOLUTION device for the theme ‘Lighting Freedom’s Flame:
COMMEMORATION American Revolution, 225th Anniversary’ and issue
Pub. L. 108–447, div. J, title II, Dec. 8, 2004, 118 Stat. regulations for its use.
3348, provided that: ‘‘(b) ELEMENTS.—The 225th Anniversary shall encom-
pass the following elements:
‘‘SEC. 201. SHORT TITLE.
‘‘(1) All units and programs of the National Park
‘‘This title may be cited as the ‘225th Anniversary of Service determined by the Secretary to pertain to the
the American Revolution Commemoration Act’. American Revolution.
‘‘SEC. 202. FINDINGS AND PURPOSES. ‘‘(2) Other governmental and nongovernmental
‘‘(a) FINDINGS.—Congress finds the following: sites, facilities, and programs of an educational, re-
‘‘(1) The American Revolution, inspired by the spir- search, or interpretive nature that are documented to
it of liberty and independence among the inhabitants be directly related to the American Revolution.
of the original 13 colonies of Great Britain, was an ‘‘(3) Through the Secretary of State, the participa-
event of global significance having a profound and tion of the Governments of the United Kingdom,
lasting effect upon American Government, laws, cul- France, the Netherlands, Spain, and Canada.
ture, society, and values. ‘‘(c) COOPERATIVE AGREEMENTS AND MEMORANDA OF
‘‘(2) The years 2000 through 2008 mark the 225th an- UNDERSTANDING.—To achieve the purposes of this Act
niversary of the Revolutionary War. [title] and to ensure effective coordination of the Fed-
‘‘(3) Every generation of American citizens should eral and non-Federal elements of the 225th Anniversary
have an opportunity to understand and appreciate with National Park Service units and programs, the
the continuing legacy of the American Revolution. Secretary may enter into cooperative agreements and
‘‘(4) This 225th anniversary provides an opportunity memoranda of understanding with, and provide tech-
to enhance public awareness and understanding of the nical assistance to, the following:
impact of the American Revolution’s legacy on the ‘‘(1) The heads of other Federal agencies, States,
lives of citizens today. units of local government, and private entities.
Page 13 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES,
AND ORGANIZATIONS

‘‘(2) In cooperation with the Secretary of State, the tact of the Government for all State, local, inter-
Governments of the United Kingdom, France, the national, and private sector initiatives regarding the
Netherlands, Spain, and Canada. tercentenary of Benjamin Franklin’s birth, with the
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is au- purpose of coordinating and facilitating all fitting and
thorized to be appropriated to the Secretary to carry proper activities honoring Benjamin Franklin.
out this Act [title] $500,000 for each of fiscal years 2004 ‘‘SEC. 5. MEMBERSHIP.
through 2009.’’ ‘‘(a) NUMBER AND APPOINTMENT.—The Commission
BENJAMIN FRANKLIN TERCENTENARY COMMISSION shall be composed of 15 members as follows:
‘‘(1) The Librarian of Congress.
Pub. L. 107–202, July 24, 2002, 116 Stat. 739, provided ‘‘(2) Fourteen qualified citizens, appointed as fol-
that: lows:
‘‘SECTION 1. SHORT TITLE. ‘‘(A) Two members appointed by the President.
‘‘This Act may be referred to as the ‘Benjamin ‘‘(B) Two members appointed by the President on
Franklin Tercentenary Commission Act’. the recommendation of the Governor of the Com-
monwealth of Pennsylvania.
‘‘SEC. 2. FINDINGS. ‘‘(C) Two members appointed by the President on
‘‘The Congress finds as follows: the recommendation of the Governor of the Com-
‘‘(1) Benjamin Franklin was one of the most ex- monwealth of Massachusetts.
traordinary men of the generation that founded the ‘‘(D) Two members, at least one of whom shall be
United States. Around the world, he remains one of a Senator, appointed by the majority leader of the
the best-known Americans who has ever lived. Senate.
‘‘(2) Benjamin Franklin’s achievements include his ‘‘(E) Two members, at least one of whom shall be
literary work, his creation of philanthropic and edu- a Senator, appointed by the minority leader of the
cational institutions, his significant scientific explo- Senate.
rations, and his service to the Nation as a statesman ‘‘(F) Two members, at least one of whom shall be
and diplomat. a Member of the House of Representatives, ap-
‘‘(3) Benjamin Franklin was the only American to pointed by the Speaker of the House of Representa-
sign all 5 enabling documents of the United States. tives.
‘‘(4) All people in the United States could benefit ‘‘(G) Two members, at least one of whom shall be
from studying the life of Benjamin Franklin and a Member of the House of Representatives, ap-
gaining a deeper appreciation of his legacy to the Na- pointed by the minority leader of the House of Rep-
tion. resentatives.
‘‘(5) January 17, 2006, is the 300th anniversary of the ‘‘(b) QUALIFIED CITIZEN.—For purposes of this section,
birth of Benjamin Franklin, and a commission should a qualified citizen is a citizen of the United States
be established to study and recommend to the Con- with—
gress activities that are fitting and proper to cele- ‘‘(1) a substantial knowledge and appreciation of
brate that anniversary in a manner that appro- the work and legacy of Benjamin Franklin; and
priately honors Benjamin Franklin. ‘‘(2) a commitment to educating people in the
United States about the historical importance of
‘‘SEC. 3. ESTABLISHMENT.
Benjamin Franklin.
‘‘There is established a commission to be known as ‘‘(c) TIME OF APPOINTMENT.—Each initial appoint-
the Benjamin Franklin Tercentenary Commission (re- ment of a member of the Commission shall be made be-
ferred to in this Act as the ‘Commission’). fore the expiration of the 120-day period beginning on
‘‘SEC. 4. DUTIES. the date of the enactment of this Act [July 24, 2002].
‘‘(a) STUDY.—The Commission shall have the follow- ‘‘(d) CONTINUATION OF MEMBERSHIP.—If a member of
ing duties: the Commission was appointed to the Commission as a
‘‘(1) To study activities by the Government that Member of the Congress, and ceases to be a Member of
would be fitting and proper to honor Benjamin the Congress, that member may continue to serve on
Franklin on the occasion of the tercentenary of his the Commission for not longer than the 30-day period
birth, including but not limited to the following: beginning on the date on which that member ceases to
‘‘(A) The minting of a Benjamin Franklin ter- be a Member of the Congress.
centenary coin. ‘‘(e) TERMS.—Each member shall be appointed for the
‘‘(B) The rededication of the Benjamin Franklin life of the Commission.
National Memorial at the Franklin Institute in ‘‘(f) VACANCIES.—A vacancy in the Commission shall
Philadelphia, Pennsylvania, or other activities with not affect the powers of the Commission and shall be
respect to that memorial. filled in the manner in which the original appointment
‘‘(C) The acquisition and preservation of artifacts was made.
associated with Benjamin Franklin. ‘‘(g) BASIC PAY.—Members shall serve on the Commis-
‘‘(D) The sponsorship of publications, including sion without pay.
catalogs and scholarly work, concerning Benjamin ‘‘(h) TRAVEL EXPENSES.—Each member shall receive
Franklin. travel expenses, including per diem in lieu of subsist-
‘‘(E) The sponsorship of conferences, exhibitions, ence, in accordance with applicable provisions under
or other public meetings concerning Benjamin subchapter I of chapter 57 of title 5, United States
Franklin. Code.
‘‘(F) The sponsorship of high school and collegiate ‘‘(i) QUORUM.—Five members of the Commission shall
essay contests concerning the life and legacy of constitute a quorum, but a lesser number may hold
Benjamin Franklin. hearings.
‘‘(2) To recommend to the Congress in one or more ‘‘(j) CHAIR.—The Commission shall select a Chair
of the interim reports submitted under section 9(a)— from among the members of the Commission.
‘‘(A) the activities that the Commission considers ‘‘(k) MEETINGS.—The Commission shall meet at the
most fitting and proper to honor Benjamin Frank- call of the Chair.
lin on the occasion of the tercentenary of his birth; ‘‘SEC. 6. ORGANIZATION.
and ‘‘(a) HONORARY MEMBERS.—The President—
‘‘(B) the entity or entities in the Federal Govern- ‘‘(1) shall serve as an honorary, nonvoting member
ment that the Commission considers most appro- of the Commission; and
priate to carry out such activities. ‘‘(2) may invite the President of France and the
‘‘(b) POINT OF CONTACT.—The Commission, acting Prime Minister of the United Kingdom to serve as
through its secretariat, shall serve as the point of con- honorary, nonvoting members of the Commission.
TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 14
AND ORGANIZATIONS

‘‘(b) ADVISORY COMMITTEE.—The Commission shall ‘‘(1) a detailed statement of the activities of the
form an advisory committee, to be composed of rep- Commission; and
resentatives of the major extant institutions founded ‘‘(2) any other information that the Commission
by or dedicated to Benjamin Franklin, including the considers to be appropriate.
following:
‘‘SEC. 10. TERMINATION.
‘‘(1) The Executive Director of the American Philo-
sophical Society. ‘‘The Commission shall terminate 120 days after sub-
‘‘(2) The President of the Franklin Institute. mitting its final report pursuant to section 9(b).
‘‘(3) The Librarian of the Library Company. ‘‘SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
‘‘(4) The Director and Chief Executive Officer of the
‘‘There are authorized to be appropriated $500,000 for
Philadelphia Museum of Art.
the period of fiscal years 2002 through 2007 to carry out
‘‘(5) The President of the University of Pennsyl-
this Act, to remain available until expended.’’
vania.
‘‘(c) ADMINISTRATIVE SECRETARIAT.—The Commission BROWN V. BOARD OF EDUCATION 50TH ANNIVERSARY
shall seek to enter into an arrangement with the COMMISSION
Franklin Institute of Philadelphia, Pennsylvania,
under which the Institute shall do the following: Pub. L. 107–41, Sept. 18, 2001, 115 Stat. 226, created the
‘‘(1) Serve as the secretariat of the Commission, in- Brown v. Board of Education 50th Anniversary Commis-
cluding by serving as the point of contact under sec- sion to plan and coordinate the commemoration of the
tion 4(b). 50th anniversary of the Supreme Court decision in
‘‘(2) House the administrative offices of the Com- Brown v. Board of Education and provided for reports
mission. by the Commission and for its termination not later
‘‘SEC. 7. POWERS. than Feb. 1, 2005.
‘‘(a) HEARINGS AND SESSIONS.—The Commission may, JAMES MADISON COMMEMORATION COMMISSION
for the purpose of carrying out this Act, hold such
hearings, sit and act at such times and places, take Pub. L. 106–550, Dec. 19, 2000, 114 Stat. 2745, known as
such testimony, and receive such evidence as the Com- the James Madison Commemoration Commission Act,
mission considers appropriate. created the James Madison Commemoration Commis-
‘‘(b) POWERS OF MEMBERS AND AGENTS.—Any member sion and the James Madison Commemoration Advisory
or agent of the Commission may, if authorized by the Committee, directed them to prepare various publica-
Commission, take any action that the Commission is tions, activities, and events relating to the life of
authorized to take by this Act. James Madison, and provided for a final report by the
‘‘(c) OBTAINING OFFICIAL DATA.—The Commission may Commission not later than Feb. 15, 2002, and the termi-
secure directly from any department or agency of the nation of the Commission and Committee not later
United States information necessary to enable the than 60 days after submission of the report.
Commission to carry out this Act. Upon request of the
Chair of the Commission, the head of that department ABRAHAM LINCOLN BICENTENNIAL COMMISSION
or agency shall furnish that information to the Com- Pub. L. 106–173, Feb. 25, 2000, 114 Stat. 14, as amended
mission. by Pub. L. 107–20, title II, § 2804, July 24, 2001, 115 Stat.
‘‘(d) MAILS.—The Commission may use the United 185; Pub. L. 107–68, title II, § 209, Nov. 12, 2001, 115 Stat.
States mails in the same manner and under the same 588; Pub. L. 107–117, div. B, § 917(a), Jan. 10, 2002, 115
conditions as other departments and agencies of the Stat. 2324; Pub. L. 108–7, div. H, title I, § 1304, Feb. 20,
United States. 2003, 117 Stat. 379; Pub. L. 108–59, § 1, July 14, 2003, 117
‘‘(e) ADMINISTRATIVE SUPPORT SERVICES.—Upon the Stat. 860, provided that:
request of the Commission, the Administrator of Gen-
eral Services shall provide to the Commission, on a ‘‘SECTION 1. SHORT TITLE.
reimbursable basis, the administrative support services ‘‘This Act may be cited as the ‘Abraham Lincoln Bi-
necessary for the Commission to carry out its respon- centennial Commission Act’.
sibilities under this Act. ‘‘SEC. 2. FINDINGS.
‘‘(f) PROCUREMENT.—The Commission may enter into
‘‘Congress makes the following findings:
contracts for supplies, services, and facilities to carry
‘‘(1) Abraham Lincoln, the 16th President, was one
out the Commission’s duties under this Act.
of the Nation’s most prominent leaders, demonstrat-
‘‘(g) DONATIONS.—The Commission may accept and
ing true courage during the Civil War, one of the
use donations of—
greatest crises in the Nation’s history.
‘‘(1) money;
‘‘(2) personal services; and ‘‘(2) Born of humble roots in Hardin County, Ken-
‘‘(3) real or personal property related to Benjamin tucky, on February 12, 1809, Abraham Lincoln rose to
Franklin or the occasion of the tercentenary of his the Presidency through a legacy of honesty, integ-
birth. rity, intelligence, and commitment to the United
States.
‘‘SEC. 8. DIRECTOR AND STAFF. ‘‘(3) With the belief that all men were created
‘‘(a) APPOINTMENT.—The Commission may appoint a equal, Abraham Lincoln led the effort to free all
Director and such additional personnel as the Commis- slaves in the United States.
sion considers to be appropriate. ‘‘(4) Abraham Lincoln had a generous heart, with
‘‘(b) APPLICABILITY OF CERTAIN CIVIL SERVICE LAWS.— malice toward none and with charity for all.
The Director and staff of the Commission may be ap- ‘‘(5) Abraham Lincoln gave the ultimate sacrifice
pointed without regard to the provisions of title 5, for the country Lincoln loved, dying from an assas-
United States Code, governing appointments in the sin’s bullet on April 15, 1865.
competitive service, and may be paid without regard to ‘‘(6) All Americans could benefit from studying the
the provisions of chapter 51 and subchapter III of chap- life of Abraham Lincoln, for Lincoln’s life is a model
ter 53 of that title relating to classification and Gen- for accomplishing the ‘American Dream’ through
eral Schedule pay rates. honesty, integrity, loyalty, and a lifetime of edu-
‘‘SEC. 9. REPORTS. cation.
‘‘(a) INTERIM REPORTS.—The Commission shall submit ‘‘(7) The year 2009 will be the bicentennial anniver-
to the Congress such interim reports as the Commis- sary of the birth of Abraham Lincoln, and a commis-
sion considers to be appropriate. sion should be established to study and recommend to
‘‘(b) FINAL REPORT.—The Commission shall submit a Congress activities that are fitting and proper to cel-
final report to the Congress not later than January 16, ebrate that anniversary in a manner that appro-
2007. The final report shall contain— priately honors Abraham Lincoln.
Page 15 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES,
AND ORGANIZATIONS

‘‘SEC. 3. ESTABLISHMENT. Member of Congress, and ceases to be a Member of Con-


‘‘There is established a commission to be known as gress, that member may continue to serve on the Com-
the Abraham Lincoln Bicentennial Commission (re- mission for not longer than the 30-day period beginning
ferred to in this Act as the ‘Commission’). on the date that member ceases to be a Member of Con-
gress.
‘‘SEC. 4. DUTIES.
‘‘(e) TERMS.—Each member shall be appointed for the
‘‘The Commission shall have the following duties: life of the Commission.
‘‘(1) To study activities that may be carried out by
‘‘(f) VACANCIES.—A vacancy in the Commission shall
the Federal Government to determine whether the
not affect the powers of the Commission but shall be
activities are fitting and proper to honor Abraham
filled in the manner in which the original appointment
Lincoln on the occasion of the bicentennial anniver-
was made.
sary of Lincoln’s birth, including—
‘‘(g) BASIC PAY.—Members shall serve on the Commis-
‘‘(A) the minting of an Abraham Lincoln bicen-
sion without pay.
tennial penny;
‘‘(h) TRAVEL EXPENSES.—Each member shall receive
‘‘(B) the issuance of an Abraham Lincoln bicen-
travel expenses, including per diem in lieu of subsist-
tennial postage stamp;
‘‘(C) the convening of a joint meeting or joint ses- ence, in accordance with sections 5702 and 5703 of title
sion of Congress for ceremonies and activities relat- 5, United States Code.
ing to Abraham Lincoln; ‘‘(i) QUORUM.—Five members of the Commission shall
‘‘(D) a rededication of the Lincoln Memorial, or constitute a quorum but a lesser number may hold
other activity with respect to the Memorial; and hearings.
‘‘(E) the acquisition and preservation of artifacts ‘‘(j) CHAIR.—The Commission shall select a Chair
associated with Abraham Lincoln. from among the members of the Commission.
‘‘(2) To recommend to Congress the activities that ‘‘(k) MEETINGS.—The Commission shall meet at the
the Commission considers most fitting and proper to call of the Chair. Periodically, the Commission shall
honor Abraham Lincoln on such occasion, and the en- hold a meeting in Springfield, Illinois.
tity or entities in the Federal Government that the ‘‘SEC. 6. DIRECTOR AND STAFF.
Commission considers most appropriate to carry out ‘‘(a) DIRECTOR.—The Commission may appoint and fix
such activities. the pay of a Director and such additional personnel as
‘‘(3) To recommend to Congress a plan to carry out the Commission considers to be appropriate.
the activities recommended under paragraph (2). ‘‘(b) APPLICABILITY OF CERTAIN CIVIL SERVICE LAWS.—
‘‘(4) To carry out other related activities in support ‘‘(1) DIRECTOR.—The Director of the Commission
of the duties carried out under paragraphs (1) through may be appointed without regard to the provisions of
(3). title 5, United States Code, governing appointments
‘‘SEC. 5. MEMBERSHIP. in the competitive service, and may be paid without
‘‘(a) NUMBER AND APPOINTMENT.—The Commission regard to the provisions of chapter 51 and subchapter
shall be composed of 15 members appointed as follows: III of chapter 53 of that title relating to classification
‘‘(1) Two members, each of whom shall be a quali- and General Schedule pay rates.
fied citizen described in subsection (b), appointed by ‘‘(2) STAFF.—Consistent with all other applicable
the President. Federal laws governing appointments and compensa-
‘‘(2) One member, who shall be a qualified citizen tion, the staff of the Commission may be appointed
described in subsection (b), appointed by the Presi- without regard to the provisions of title 5, United
dent on the recommendation of the Governor of Illi- States Code, governing appointments in the competi-
nois. tive service, and may be paid without regard to the
‘‘(3) One member, who shall be a qualified citizen provisions of chapter 51 and subchapter III of chapter
described in subsection (b), appointed by the Presi- 53 of that title relating to classification and General
dent on the recommendation of the Governor of Indi- Schedule pay rates.
ana.
‘‘SEC. 7. POWERS.
‘‘(4) One member, who shall be a qualified citizen
described in subsection (b), appointed by the Presi- ‘‘(a) HEARINGS AND SESSIONS.—The Commission may,
dent on the recommendation of the Governor of Ken- for the purpose of carrying out this Act, hold such
tucky. hearings, sit and act at such times and places, take
‘‘(5) Three members, at least one of whom shall be such testimony, and receive such evidence as the Com-
a Member of the House of Representatives, appointed mission considers to be appropriate.
by the Speaker of the House of Representatives. ‘‘(b) POWERS OF MEMBERS AND AGENTS.—Any member
‘‘(6) Three members, at least one of whom shall be or agent of the Commission may, if authorized by the
a Senator, appointed by the majority leader of the Commission, take any action that the Commission is
Senate. authorized to take by this Act.
‘‘(7) Two members, at least one of whom shall be a ‘‘(c) OBTAINING OFFICIAL DATA.—The Commission may
Member of the House of Representatives, appointed secure directly from any department or agency of the
by the minority leader of the House of Representa- United States information necessary to enable the
tives. Commission to carry out this Act. Upon request of the
‘‘(8) Two members, at least one of whom shall be a Chair of the Commission, the head of that department
Senator, appointed by the minority leader of the Sen- or agency shall furnish that information to the Com-
ate. mission.
‘‘(b) QUALIFIED CITIZEN.—A qualified citizen described ‘‘(d) MAILS.—The Commission may use the United
in this subsection is a private citizen of the United States mails in the same manner and under the same
States with— conditions as other departments and agencies of the
‘‘(1) a demonstrated dedication to educating others United States.
about the importance of historical figures and events; ‘‘(e) ADMINISTRATIVE SUPPORT SERVICES.—Upon the
and request of the Commission, the Librarian of Congress
‘‘(2) substantial knowledge and appreciation of shall provide to the Commission, on a reimbursable
Abraham Lincoln. basis, administrative support services necessary for the
‘‘(c) TIME OF APPOINTMENT.—Each initial appoint- Commission to carry out its responsibilities under this
ment of a member of the Commission shall be made be- Act, including disbursing funds available to the Com-
fore the expiration of the 120-day period beginning on mission, and computing and disbursing the basic pay
the date of the enactment of this Act [Feb. 25, 2000]. for Commission personnel.
‘‘(d) CONTINUATION OF MEMBERSHIP.—If a member of ‘‘(f) GIFTS.—The Commission may, for the purpose of
the Commission was appointed to the Commission as a carrying out this Act, accept and use gifts of money,
§ 101 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 16
AND ORGANIZATIONS

property, and services, and, notwithstanding section ‘‘SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
1342 of title 31, United States Code, may accept and use ‘‘There are authorized to be appropriated such sums
voluntary services as the Commission deems necessary. as may be necessary to carry out this Act.’’
‘‘(g) DETAIL OF FEDERAL EMPLOYEES.—On the request [Pub. L. 107–117, div. B, § 917(b), Jan. 10, 2002, 115 Stat.
of the Commission, the head of a Federal agency or 2325, provided that: ‘‘The amendments made by this
other Federal appointing authority may detail, on a section [amending section 209 of Pub. L. 107–68, which
reimbursable or nonreimbursable basis, any of its em- amended section 7 of Pub. L. 106–173, set out above]
ployees to the Commission to assist the Commission in shall take effect as if included in the enactment of the
carrying out the duties of the Commission under this Legislative Branch Appropriations Act, 2002 (Public
Act. Any such detail of an employee shall be without Law 107–68).’’]
interruption or loss of civil service status or privilege.
Any reimbursement under this subsection shall be cred- PROC. NO. 4934. ARMED FORCES DAY
ited to the appropriation, fund, or account used for
Proc. No. 4934, Apr. 16, 1982, 47 F.R. 16767, provided:
paying the amounts reimbursed.
‘‘(h) EMPLOYMENT BENEFITS.— Each year we Americans set aside one day to honor
‘‘(1) IN GENERAL.—The Commission shall fix em- the brave and dedicated men and women of the Army,
ployment benefits for the Director and for additional Navy, Air Force, Marine Corps and Coast Guard.
personnel appointed under section 6(a), in accordance They serve our nation with dignity, courage, and
with paragraphs (2) and (3). pride in duty stations throughout the world. The peace
‘‘(2) EMPLOYMENT BENEFITS FOR THE DIRECTOR.— we enjoy today reminds us of their important role.
‘‘(A) IN GENERAL.—The Commission shall deter- NOW, THEREFORE, I, RONALD REAGAN, President
mine whether or not to treat the Director as a Fed- of the United States of America and Commander in
eral employee for purposes of employment benefits. Chief of the Armed Forces of the United States, con-
If the Commission determines that the Director is tinuing the precedent of my seven immediate prede-
to be treated as a Federal employee, then he or she cessors in this Office, do hereby proclaim the third Sat-
is deemed to be an employee as that term is defined urday of each May as Armed Forces Day.
by section 2105 of title 5, United States Code, for I direct the Secretary of Defense on behalf of the
purposes of chapters 63, 83, 84, 87, 89, and 90 of that Army, the Navy, the Air Force, and the Marine Corps,
title, and is deemed to be an employee for purposes and the Secretary of Transportation on behalf of the
of chapter 81 of that title. If the Commission deter- Coast Guard, to plan for appropriate observances each
mines that the Director is not to be treated as a year, with the Secretary of Defense responsible for so-
Federal employee for purposes of employment bene- liciting the participation and cooperation of civil au-
fits, then the Commission or its administrative sup- thorities and private citizens.
port service provider shall establish appropriate al- I invite the Governors of the States, the Common-
ternative employment benefits for the Director. wealth of Puerto Rico, and other areas subject to the
The Commission’s determination shall be irrev- jurisdiction of the United States, to provide for the ob-
ocable with respect to each individual appointed as servance of Armed Forces Day within their jurisdiction
Director, and the Commission shall notify the Of- each year in an appropriate manner designed to in-
fice of Personnel Management and the Department crease public understanding and appreciation of the
of Labor of its determination. Notwithstanding the Armed Forces of the United States.
Commission’s determination, the Director’s service I also invite national and local veterans, civic and
is deemed to be Federal service for purposes of sec- other organizations to join in the observance of Armed
tion 8501 of title 5, United States Code. Forces Day each year.
‘‘(B) DETAILEE SERVING AS DIRECTOR.—Subpara- I call upon all Americans not only to display the flag
graph (A) shall not apply to a detailee who is serv- of the United States at their homes on Armed Forces
ing as Director. Day, but also to learn about our system of defense, and
‘‘(3) EMPLOYMENT BENEFITS FOR ADDITIONAL PERSON- about the men and women who sustain it, by attending
NEL.—A person appointed to the Commission staff
and participating in the local observances of the day.
under section 6(b)(2) is deemed to be an employee as Proclamation 4571 of May 15, 1978, is hereby super-
that term is defined by section 2105 of title 5, United seded.
States Code, for purposes of chapters 63, 83, 84, 87, 89, IN WITNESS WHEREOF, I have hereunto set my
and 90 of that title, and is deemed to be an employee hand this 16th day of April, in the year of our Lord
for purposes of chapter 81 of that title. nineteen hundred and eighty-two and of the Independ-
‘‘SEC. 8. REPORTS. ence of the United States of America the two hundred
‘‘(a) INTERIM REPORTS.—In addition to the interim re- and sixth.
port required under subsection (b), the Commission RONALD REAGAN.
may submit to Congress such interim reports as the
Commission considers to be appropriate. EXECUTIVE ORDER NO. 13072
‘‘(b) REQUIRED INTERIM REPORT.—Not later than June
Ex. Ord. No. 13072, Feb. 2, 1998, 63 F.R. 6041, provided
24, 2004, the Commission shall submit an interim report
for formation of the White House Millennium Council
to Congress. The report shall contain—
‘‘(1) a detailed statement of the findings and con- to lead the country in a celebration of the new millen-
clusions of the Commission; nium by initiating and recognizing national and local
‘‘(2) the recommendations of the Commission; and projects that contributed in educational, creative, and
‘‘(3) any other information that the Commission productive ways to America’s commemoration of that
considers to be appropriate. historic time.
‘‘(c) FINAL REPORT.—Not later than April 30, 2010, the
Commission shall submit a final report to Congress. § 101. American Heart Month
The final report shall contain final statements, recom-
mendations, and information described under sub-
The President is requested to issue each year
section (b)(1), (2), and (3). a proclamation—
(1) designating February as American Heart
‘‘SEC. 9. BUDGET ACT COMPLIANCE.
‘‘Any spending authority provided under this Act Month;
shall be effective only to such extent and in such (2) inviting the chief executive officers of
amounts as are provided in appropriation Acts. the States, territories, and possessions of the
‘‘SEC. 10. TERMINATION. United States to issue proclamations designat-
‘‘The Commission shall terminate 120 days after sub- ing February as American Heart Month; and
mitting the final report of the Commission pursuant to (3) urging the people of the United States to
section 8. recognize the nationwide problem of heart and
Page 17 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 105
AND ORGANIZATIONS

blood vessel diseases and to support all essen- HISTORICAL AND REVISION NOTES—Continued
tial programs required to solve the problem.
Revised
Section Source (U.S. Code) Source (Statutes at Large)
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1254.)
102(b) ......... 36:169k(b)–(d).
HISTORICAL AND REVISION NOTES

Revised Source (U.S. Code) Source (Statutes at Large) § 103. Cancer Control Month
Section
(a) GENERAL.—The President is requested—
101 ............. 36:169b. Dec. 30, 1963, Pub. L. 88–254,
77 Stat. 843. (1) to issue each year a proclamation des-
ignating April as Cancer Control Month; and
In clause (2), the words ‘‘chief executive officers’’ are (2) to invite each year the chief executive of-
substituted for ‘‘Governors’’, and the words ‘‘terri- ficers of the States, territories, and posses-
tories, and possessions’’ are substituted for ‘‘terri- sions of the United States to issue proclama-
tories’’, for clarity and consistency in the revised title tions designating April as Cancer Control
and with other titles of the United States Code.
Month.
SHORT TITLE OF 2007 AMENDMENT
(b) CONTENTS OF PROCLAMATIONS.—As part of
Pub. L. 110–26, § 1, May 11, 2007, 121 Stat. 103, provided those proclamations, the chief executive officers
that: ‘‘This Act [enacting sections 300111 and 300112 of and President are requested to invite the medi-
this title, amending sections 300101 to 300105, 300107, cal profession, the press, and all agencies and in-
300109, and 300110 of this title, renumbering former sec-
tion 300111 of this title as section 300113 of this title, dividuals interested in a national program for
and enacting provisions set out as a note under section the control of cancer by education and other co-
300101 of this title] may be cited as the ‘The American operative means to unite during Cancer Control
National Red Cross Governance Modernization Act of Month in a public dedication to the program and
2007’.’’ in a concerted effort to make the people of the
SHORT TITLE OF 2005 AMENDMENT United States aware of the need for the pro-
gram.
Pub. L. 109–9, title III, § 311, Apr. 27, 2005, 119 Stat. 226,
provided that: ‘‘This subtitle [subtitle B (§§ 311, 312) of (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1255.)
title III of Pub. L. 109–9, amending sections 151703,
151705, 151706, and 151711 of this title] may be cited as HISTORICAL AND REVISION NOTES
the ‘National Film Preservation Foundation Reauthor- Revised
ization Act of 2005’.’’ Section Source (U.S. Code) Source (Statutes at Large)

SHORT TITLE OF 2002 AMENDMENT 103 ............. 36:150. Mar. 28, 1938, ch. 56, 52 Stat.
148.
Pub. L. 107–323, § 1, Dec. 4, 2002, 116 Stat. 2787, provided
that: ‘‘This Act [amending section 902 of this title and In subsection (a)(2), the words ‘‘chief executive offi-
enacting provisions set out as a note under section 902 cers’’ are substituted for ‘‘Governors’’ for clarity and
of this title] may be cited as the ‘POW/MIA Memorial consistency in the revised title and with other titles of
Flag Act of 2002’.’’ the United States Code.
SHORT TITLE OF 1998 AMENDMENT
§ 104. Carl Garner Federal Lands Cleanup Day
Pub. L. 105–277, div. C, title I, § 142(a), Oct. 21, 1998, 112
Stat. 2681–603, provided that: ‘‘This section [enacting (a) DESIGNATION.—The first Saturday after
section 220512 of this title, amending sections 220501, Labor Day is Carl Garner Federal Lands Cleanup
220503 to 220506, 220509 to 220511, 220521 to 220524, and Day.
220528 of this title, and enacting provisions set out as a (b) PROCLAMATION.—The President shall issue
note under section 220501 of this title] may be cited as a proclamation calling on the people of the
the ‘Olympic and Amateur Sports Act Amendments of
1998’.’’
United States to observe Carl Garner Federal
Lands Cleanup Day with appropriate programs,
§ 102. Asian/Pacific American Heritage Month ceremonies, and activities. However, activities
may be undertaken in individual States on a day
(a) DESIGNATION.—May is Asian/Pacific Amer-
other than the first Saturday after Labor Day if
ican Heritage Month.
a manager of Federal land decides that an alter-
(b) PROCLAMATIONS.—The President is re-
quested to issue each year a proclamation call- native date is more appropriate because of cli-
ing on the people of the United States, and the matological or other factors.
chief executive officers of each State of the (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1255.)
United States, the District of Columbia, the Vir-
HISTORICAL AND REVISION NOTES
gin Islands, Puerto Rico, Guam, American
Samoa, the Northern Mariana Islands, the Mar- Revised
Section Source (U.S. Code) Source (Statutes at Large)
shall Islands, Micronesia, and Palau are re-
quested to issue each year proclamations calling 104(a) ......... 36:169i (1st sen- Aug. 27, 1986, Pub. L. 99–402,
on the people of their respective jurisdictions, to tence). § 3, 100 Stat. 910; Nov. 12,
1996, Pub. L. 104–333, § 806,
observe Asian/Pacific American Heritage Month 110 Stat. 4188.
with appropriate programs, ceremonies, and ac- 104(b) ......... 36:169i (last sen-
tence).
tivities.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1254.) In subsection (b), the words ‘‘associated with Carl
Garner Federal Lands Cleanup Day’’ are omitted as un-
HISTORICAL AND REVISION NOTES necessary.
Revised Source (U.S. Code) Source (Statutes at Large) § 105. Child Health Day
Section

102(a) ......... 36:169k(a). Oct. 23, 1992, Pub. L. 102–450,


The President is requested to issue each year
§ 2, 106 Stat. 2251. a proclamation—
§ 106 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 18
AND ORGANIZATIONS

(1) designating the first Monday in October substituted ‘‘commemorate’’ for ‘‘commemorates’’ and
as Child Health Day; and ‘‘recognize’’ for ‘‘recognizes’’.
(2) inviting all agencies and organizations Subsec. (c). Pub. L. 108–447, § 111(c)(1)(D), inserted
interested in child welfare to unite on Child ‘‘Constitution Day and’’ before ‘‘Citizenship Day’’ in
two places.
Health Day in observing exercises that will
Subsec. (d). Pub. L. 108–447, § 111(c)(1)(E), inserted
make the people of the United States aware of ‘‘Constitution Day and’’ before ‘‘Citizenship Day’’.
the fundamental necessity of a year-round
program to protect and develop the health of EDUCATIONAL AND TRAINING MATERIALS FOR NEW FED-
the children of the United States. ERAL EMPLOYEES CONCERNING THE U.S. CONSTITUTION
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1255.) Pub. L. 108–447, div. J, title I, § 111, Dec. 8, 2004, 118
Stat. 3344, provided that:
HISTORICAL AND REVISION NOTES ‘‘(a) The head of each Federal agency or department
Revised
shall—
Section Source (U.S. Code) Source (Statutes at Large) ‘‘(1) provide each new employee of the agency or de-
partment with educational and training materials
105 ............. 36:143. May 18, 1928, ch. 643, 45 Stat. concerning the United States Constitution as part of
617; Sept. 22, 1959, Pub. L.
86–352, 73 Stat. 627. the orientation materials provided to the new em-
ployee; and
‘‘(2) provide educational and training materials
§ 106. Constitution Day and Citizenship Day
concerning the United States Constitution to each
(a) DESIGNATION.—September 17 is designated employee of the agency or department on September
as Constitution Day and Citizenship Day. 17 of each year.
(b) PURPOSE.—Constitution Day and Citizen- ‘‘(b) Each educational institution that receives Fed-
ship Day commemorate the formation and sign- eral funds for a fiscal year shall hold an educational
program on the United States Constitution on Septem-
ing on September 17, 1787, of the Constitution ber 17 of such year for the students served by the edu-
and recognize all who, by coming of age or by cational institution.
naturalization, have become citizens. ‘‘(c) [Amended section 106 of this title and table of
(c) PROCLAMATION.—The President may issue contents of this chapter.]
each year a proclamation calling on United ‘‘(d) This section shall be without fiscal year limita-
States Government officials to display the flag tion.’’
of the United States on all Government build-
ings on Constitution Day and Citizenship Day § 107. Columbus Day
and inviting the people of the United States to
observe Constitution Day and Citizenship Day, The President is requested to issue each year
in schools and churches, or other suitable a proclamation—
places, with appropriate ceremonies. (1) designating the second Monday in Octo-
(d) STATE AND LOCAL OBSERVANCES.—The civil ber as Columbus Day;
and educational authorities of States, counties, (2) calling on United States Government of-
cities, and towns are urged to make plans for ficials to display the flag of the United States
the proper observance of Constitution Day and on all Government buildings on Columbus
Citizenship Day and for the complete instruc- Day; and
tion of citizens in their responsibilities and op- (3) inviting the people of the United States
portunities as citizens of the United States and to observe Columbus Day, in schools and
of the State and locality in which they reside. churches, or other suitable places, with appro-
priate ceremonies that express the public sen-
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1255; Pub. timent befitting the anniversary of the discov-
L. 108–447, div. J, title I, § 111(c)(1), Dec. 8, 2004, ery of America.
118 Stat. 3344.)
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1256.)
HISTORICAL AND REVISION NOTES
HISTORICAL AND REVISION NOTES
Revised Source (U.S. Code) Source (Statutes at Large)
Section Revised
Section Source (U.S. Code) Source (Statutes at Large)
106(a) ......... 36:153 (1st par. Feb. 29, 1952, ch. 49, § 1, 66
1st–13th words). Stat. 9. 107 ............. 36:146. Apr. 30, 1934, ch. 184, 48 Stat.
106(b) ......... 36:153 (1st par. 14th 657.
word–words before
‘‘and the Presi-
dent’’). In clause (1), the words ‘‘the 2d Monday in October’’
106(c) ......... 36:153 (1st par. are substituted for ‘‘October 12’’ in the Act of April 30,
words after ‘‘of 1934 (ch. 184, 48 Stat. 657), because of section 1(b) of the
citizenship’’).
106(d) ......... 36:153 (2d, last Act of June 28, 1968 (Public Law 90–363, 82 Stat. 250).
pars.).

In subsection (d), the text of 36:153 (last par.) is omit-


§ 108. Constitution Week
ted as obsolete. The President is requested to issue each year
AMENDMENTS a proclamation—
2004—Pub. L. 108–447, § 111(c)(1)(A), inserted ‘‘Con- (1) designating September 17 through Sep-
stitution Day and’’ before ‘‘Citizenship Day’’ in section tember 23 as Constitution Week; and
catchline. (2) inviting the people of the United States
Subsec. (a). Pub. L. 108–447, § 111(c)(1)(B), substituted to observe Constitution Week, in schools,
‘‘is designated as Constitution Day and Citizenship churches, and other suitable places, with ap-
Day’’ for ‘‘is Citizenship Day’’. propriate ceremonies and activities.
Subsec. (b). Pub. L. 108–447, § 111(c)(1)(C), inserted
‘‘Constitution Day and’’ before ‘‘Citizenship Day’’ and (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1256.)
Page 19 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 113
AND ORGANIZATIONS

HISTORICAL AND REVISION NOTES churches, or other suitable places, on Gold Star
Mother’s Day as a public expression of the love,
Revised
Section Source (U.S. Code) Source (Statutes at Large) sorrow, and reverence of the people for Gold
Star Mothers.
108 ............. 36:159. Aug. 2, 1956, ch. 875, 70 Stat.
932. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1256.)

§ 109. Father’s Day HISTORICAL AND REVISION NOTES

Revised
(a) DESIGNATION.—The third Sunday in June is Section Source (U.S. Code) Source (Statutes at Large)
Father’s Day.
(b) PROCLAMATION.—The President is requested 111(a) ......... 36:148 (words before June 23, 1936, ch. 736, 49
comma). Stat. 1895.
to issue a proclamation— 111(b) ......... 36:147.
(1) calling on United States Government of- 36:148 (words after
comma).
ficials to display the flag of the United States
on all Government buildings on Father’s Day; In subsection (b), the text of 36:148 (words after
(2) inviting State and local governments and comma) is omitted as unnecessary. The words ‘‘Gold
the people of the United States to observe Fa- Star Mother’s Day’’ are substituted for ‘‘the last Sun-
ther’s Day with appropriate ceremonies; and day in September’’ in 36:147 for clarity. The word
(3) urging the people of the United States to ‘‘American’’ is omitted as unnecessary.
offer public and private expressions of Fa- § 112. Honor America Days
ther’s Day to the abiding love and gratitude
they have for their fathers. (a) DESIGNATION.—The 21 days from Flag Day
through Independence Day is a period to honor
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1256.) America.
HISTORICAL AND REVISION NOTES (b) CONGRESSIONAL DECLARATION.—Congress
declares that there be public gatherings and ac-
Revised
Source (U.S. Code) Source (Statutes at Large) tivities during that period at which the people
Section
of the United States can celebrate and honor
109(a) ......... 36:142a (1st sen- Apr. 24, 1972, Pub. L. 92–278, their country in an appropriate way.
tence). 86 Stat. 124.
109(b) ......... 36:142a (last sen- (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1257.)
tence).
HISTORICAL AND REVISION NOTES
In subsection (b)(1), the word ‘‘appropriate’’ is omit-
ted as unnecessary. Revised Source (U.S. Code) Source (Statutes at Large)
In subsection (b)(2), the words ‘‘State and local gov- Section
ernments’’ are substituted for ‘‘the governments of the 112(a) ......... 36:157b (words be- June 13, 1975, Pub. L. 94–33,
States and communities’’ for consistency in the revised fore comma). 89 Stat. 211.
title and with other titles of the United States Code. 112(b) ......... 36:157b (words after
comma).
§ 110. Flag Day
§ 113. Law Day, U.S.A.
(a) DESIGNATION.—June 14 is Flag Day.
(b) PROCLAMATION.—The President is requested (a) DESIGNATION.—May 1 is Law Day, U.S.A.
to issue each year a proclamation— (b) PURPOSE.—Law Day, U.S.A., is a special
(1) calling on United States Government of- day of celebration by the people of the United
ficials to display the flag of the United States States—
on all Government buildings on Flag Day; and (1) in appreciation of their liberties and the
(2) urging the people of the United States to reaffirmation of their loyalty to the United
observe Flag Day as the anniversary of the States and of their rededication to the ideals
adoption on June 14, 1777, by the Continental of equality and justice under law in their rela-
Congress of the Stars and Stripes as the offi- tions with each other and with other coun-
cial flag of the United States. tries; and
(2) for the cultivation of the respect for law
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1256.) that is so vital to the democratic way of life.
HISTORICAL AND REVISION NOTES (c) PROCLAMATION.—The President is requested
to issue a proclamation—
Revised
Section Source (U.S. Code) Source (Statutes at Large) (1) calling on all public officials to display
the flag of the United States on all Govern-
110(a) ......... 36:157 (words before Aug. 3, 1949, ch. 385, 63 Stat.
1st comma). 492. ment buildings on Law Day, U.S.A.; and
110(b) ......... 36:157 (words after (2) inviting the people of the United States
1st comma).
to observe Law Day, U.S.A., with appropriate
ceremonies and in other appropriate ways,
§ 111. Gold Star Mother’s Day through public entities and private organiza-
(a) DESIGNATION.—The last Sunday in Septem- tions and in schools and other suitable places.
ber is Gold Star Mother’s Day. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1257.)
(b) PROCLAMATION.—The President is requested
to issue a proclamation calling on United States HISTORICAL AND REVISION NOTES
Government officials to display the flag of the Revised Source (U.S. Code) Source (Statutes at Large)
United States on all Government buildings, and Section
the people of the United States to display the 113(a) ......... 36:164 (1st par. 1st Apr. 7, 1961, Pub. L. 87–20, 75
flag and hold appropriate meetings at homes, sentence). Stat. 43.
§ 114 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 20
AND ORGANIZATIONS

HISTORICAL AND REVISION NOTES—Continued HISTORICAL AND REVISION NOTES

Revised Revised
Section Source (U.S. Code) Source (Statutes at Large) Section Source (U.S. Code) Source (Statutes at Large)

113(b) ......... 36:164 (1st par. last 116 ............. 36:169g. May 11, 1950, ch. 182, 64 Stat.
sentence). 158.
113(c) ......... 36:164 (last par.).
In subsection (a), the designation is added, and the
In subsection (b)(1), the word ‘‘countries’’ is sub- words ‘‘last Monday in May’’ are substituted for ‘‘May
stituted for ‘‘nations’’ for consistency in the revised 30’’ in the Act of May 11, 1950 (ch. 182, 64 Stat. 158), be-
title and with other titles of the United States Code. cause of section 1(b) of the Act of June 28, 1968 (Public
In subsection (c)(2), the word ‘‘entities’’ is sub- Law 90–363, 82 Stat. 250).
stituted for ‘‘bodies’’ for consistency in the revised In subsection (b)(4), the word ‘‘media’’ is substituted
title and with other titles of the Code. for ‘‘newspapers, radio stations, and all other mediums
of information’’ to eliminate unnecessary words.
§ 114. Leif Erikson Day
NATIONAL MOMENT OF REMEMBRANCE
The President may issue each year a procla-
mation designating October 9 as Leif Erikson Pub. L. 106–579, Dec. 28, 2000, 114 Stat. 3078, as amend-
ed by Pub. L. 110–161, div. H, title I, § 1502(e), Dec. 26,
Day. 2007, 121 Stat. 2250, provided that:
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1257.) ‘‘SECTION 1. SHORT TITLE.
‘‘This Act may be cited as the ‘National Moment of
HISTORICAL AND REVISION NOTES
Remembrance Act’.
Revised
Source (U.S. Code) Source (Statutes at Large) ‘‘SEC. 2. FINDINGS.
Section ‘‘Congress finds that—
114 ............. 36:169c. Sept. 2, 1964, Pub. L. 88–566, ‘‘(1) it is essential to remember and renew the leg-
78 Stat. 849. acy of Memorial Day, which was established in 1868 to
pay tribute to individuals who have made the ulti-
§ 115. Loyalty Day mate sacrifice in service to the United States and
their families;
(a) DESIGNATION.—May 1 is Loyalty Day. ‘‘(2) greater strides must be made to demonstrate
(b) PURPOSE.—Loyalty Day is a special day for appreciation for those loyal people of the United
the reaffirmation of loyalty to the United States whose values, represented by their sacrifices,
States and for the recognition of the heritage of are critical to the future of the United States;
‘‘(3) the Federal Government has a responsibility to
American freedom. raise awareness of and respect for the national herit-
(c) PROCLAMATION.—The President is requested age, and to encourage citizens to dedicate themselves
to issue a proclamation— to the values and principles for which those heroes of
(1) calling on United States Government of- the United States died;
ficials to display the flag of the United States ‘‘(4) the relevance of Memorial Day must be made
on all Government buildings on Loyalty Day; more apparent to present and future generations of
and people of the United States through local and na-
(2) inviting the people of the United States tional observances and ongoing activities;
‘‘(5) in House Concurrent Resolution 302, agreed to
to observe Loyalty Day with appropriate cere- May 25, 2000, Congress called on the people of the
monies in schools and other suitable places. United States, in a symbolic act of unity, to observe
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1257.) a National Moment of Remembrance to honor the
men and women of the United States who died in the
HISTORICAL AND REVISION NOTES pursuit of freedom and peace;
‘‘(6) in Presidential Proclamation No. 7315 of May
Revised 26, 2000 (65 Fed. Reg. 34907), the President proclaimed
Section Source (U.S. Code) Source (Statutes at Large)
Memorial Day, May 29, 2000, as a day of prayer for
115(a) ......... 36:162 (1st–13th July 18, 1958, Pub. L. 85–529, permanent peace, and designated 3:00 p.m. local time
words). 72 Stat. 369. on that day as the time to join in prayer and to ob-
115(b) ......... 36:162 (14th serve the National Moment of Remembrance; and
word–semicolon).
115(c) ......... 36:162 (words after ‘‘(7) a National Moment of Remembrance and other
semicolon). commemorative events are needed to reclaim Memo-
rial Day as the sacred and noble event that that day
§ 116. Memorial Day is intended to be.
‘‘SEC. 3. DEFINITIONS.
(a) DESIGNATION.—The last Monday in May is ‘‘In this Act:
Memorial Day. ‘‘(1) ALLIANCE.—The term ‘Alliance’ means the Re-
(b) PROCLAMATION.—The President is requested membrance Alliance established by section 9(a).
to issue each year a proclamation— ‘‘(2) COMMISSION.—The term ‘Commission’ means
(1) calling on the people of the United States the White House Commission on the National Mo-
to observe Memorial Day by praying, accord- ment of Remembrance established by section 5(a).
ing to their individual religious faith, for per- ‘‘(3) EXECUTIVE DIRECTOR AND WHITE HOUSE LIAI-
SON.—The term ‘Executive Director and White House
manent peace;
Liaison’ means the Executive Director and White
(2) designating a period of time on Memorial House Liaison appointed under section 10(a)(1).
Day during which the people may unite in ‘‘(4) MEMORIAL DAY.—The term ‘Memorial Day’
prayer for a permanent peace; means the legal public holiday designated as Memo-
(3) calling on the people of the United States rial Day by section 6103(a) of title 5, United States
to unite in prayer at that time; and Code.
(4) calling on the media to join in observing ‘‘(5) TRIBAL GOVERNMENT.—The term ‘tribal govern-
Memorial Day and the period of prayer. ment’ means the governing body of an Indian tribe
(as defined in section 4 of the Indian Self-Determina-
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1257.) tion and Education Assistance Act (25 U.S.C. 450b).
Page 21 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 116
AND ORGANIZATIONS

‘‘SEC. 4. NATIONAL MOMENT OF REMEMBRANCE. ‘‘(1) encourage the people of the United States to
‘‘The minute beginning at 3:00 p.m. (local time) on give something back to their country, which provides
Memorial Day each year is designated as the ‘National them so much freedom and opportunity;
Moment of Remembrance’. ‘‘(2) encourage national, State, local, and tribal
participation by individuals and entities in com-
‘‘SEC. 5. ESTABLISHMENT OF WHITE HOUSE COM-
memoration of Memorial Day and the National Mo-
MISSION ON THE NATIONAL MOMENT OF RE-
ment of Remembrance, including participation by—
MEMBRANCE.
‘‘(A) national humanitarian and patriotic organi-
‘‘(a) ESTABLISHMENT.—There is established a commis- zations;
sion to be known as the ‘White House Commission on ‘‘(B) elementary, secondary, and higher education
the National Moment of Remembrance’. institutions;
‘‘(b) MEMBERSHIP.— ‘‘(C) veterans’ societies and civic, patriotic, edu-
‘‘(1) COMPOSITION.—The Commission shall be com- cational, sporting, artistic, cultural, and historical
posed of the following: organizations;
‘‘(A) 4 members appointed by the President, in-
‘‘(D) Federal departments and agencies; and
cluding at least 1 representative of tribal govern-
‘‘(E) museums, including cultural and historical
ments.
museums; and
‘‘(B) The Secretary of Defense (or a designee).
‘‘(3) provide national coordination for commemora-
‘‘(C) The Secretary of Veterans Affairs (or a des-
tions in the United States of Memorial Day and the
ignee).
National Moment of Remembrance.
‘‘(D) The Secretary of the Smithsonian Institu-
‘‘(b) REPORTS.—
tion (or a designee).
‘‘(1) IN GENERAL.—For each fiscal year in which the
‘‘(E) The Director of the Office of Personnel Man-
Commission is in existence, the Commission shall
agement (or a designee).
submit to the President and Congress a report de-
‘‘(F) The Administrator of General Services (or a
scribing the activities of the Commission during the
designee).
‘‘(G) The Secretary of Transportation (or a des- fiscal year.
‘‘(2) CONTENTS.—A report under paragraph (1) may
ignee).
‘‘(H) The Secretary of Education (or a designee). include—
‘‘(I) The Secretary of the Interior (or a designee). ‘‘(A) recommendations regarding appropriate ac-
‘‘(J) The Executive Director of the President’s tivities to commemorate Memorial Day and the Na-
Commission on White House Fellows (or a des- tional Moment of Remembrance, including—
ignee). ‘‘(i) the production, publication, and distribu-
‘‘(K) The Secretary of the Army (or a designee). tion of books, pamphlets, films, and other edu-
‘‘(L) The Secretary of the Navy (or a designee). cational materials;
‘‘(M) The Secretary of the Air Force (or a des- ‘‘(ii) bibliographical and documentary projects
ignee). and publications;
‘‘(N) The Commandant of the Marine Corps (or a ‘‘(iii) conferences, convocations, lectures, semi-
designee). nars, and other similar programs;
‘‘(O) The Commandant of the Coast Guard (or a ‘‘(iv) the development of exhibits for libraries,
designee). museums, and other appropriate institutions;
‘‘(P) The Executive Director and White House Li- ‘‘(v) ceremonies and celebrations commemorat-
aison (or a designee). ing specific events that relate to the history of
‘‘(Q) The Chief of Staff of the Army. wars of the United States; and
‘‘(R) The Chief of Naval Operations. ‘‘(vi) competitions, commissions, and awards re-
‘‘(S) The Chief of Staff of the Air Force. garding historical, scholarly, artistic, literary,
‘‘(T) Any other member, the appointment of musical, and other works, programs, and projects
whom the Commission determines is necessary to related to commemoration of Memorial Day and
carry out this Act. the National Moment of Remembrance;
‘‘(2) NONVOTING MEMBERS.—The members appointed ‘‘(B) recommendations to appropriate agencies or
to the Commission under subparagraphs (K) through advisory bodies regarding the issuance by the
(T) of paragraph (1) shall be nonvoting members. United States of commemorative coins, medals, and
‘‘(3) DATE OF APPOINTMENTS.—All appointments stamps relating to Memorial Day and the National
under paragraph (1) shall be made not later than 90 Moment of Remembrance;
days after the date of enactment of this Act [Dec. 28, ‘‘(C) recommendations for any legislation or ad-
2000]. ministrative action that the Commission deter-
‘‘(c) TERM; VACANCIES.— mines to be appropriate regarding the commemora-
‘‘(1) TERM.—A member shall be appointed to the tion of Memorial Day and the National Moment of
Commission for the life of the Commission. Remembrance;
‘‘(2) VACANCIES.—A vacancy on the Commission— ‘‘(D) an accounting of funds received and ex-
‘‘(A) shall not affect the powers of the Commis- pended by the Commission in the fiscal year cov-
sion; and ered by the report, including a detailed description
‘‘(B) shall be filled in the same manner as the of the source and amount of any funds donated to
original appointment was made. the Commission in that fiscal year; and
‘‘(d) INITIAL MEETING.—Not later than 30 days after ‘‘(E) a description of cooperative agreements and
the date specified in subsection (b)(3) for completion of contracts entered into by the Commission.
appointments, the Commission shall hold the initial ‘‘SEC. 7. POWERS.
meeting of the Commission. ‘‘(a) HEARINGS.—
‘‘(e) MEETINGS.—The Commission shall meet at the ‘‘(1) IN GENERAL.—The Commission may hold such
call of the Chairperson. hearings, sit and act at such times and places, take
‘‘(f) QUORUM.—A majority of the voting members of such testimony, and receive such evidence as the
the Commission shall constitute a quorum, but a lesser Commission considers advisable to carry out this
number of members may hold hearings. Act.
‘‘(g) CHAIRPERSON AND VICE CHAIRPERSON.—The Com- ‘‘(2) PUBLIC PARTICIPATION.—The Commission shall
mission shall select a Chairperson and a Vice Chair- provide for reasonable public participation in matters
person from among the members of the Commission at before the Commission.
the initial meeting of the Commission. ‘‘(b) INFORMATION FROM FEDERAL AGENCIES.—
‘‘SEC. 6. DUTIES. ‘‘(1) IN GENERAL.—The Commission may secure di-
‘‘(a) IN GENERAL.—The Commission shall— rectly from a Federal agency such information as the
§ 116 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 22
AND ORGANIZATIONS

Commission considers necessary to carry out this ‘‘(1) NON-FEDERAL EMPLOYEES.—A member of the
Act. Commission who is not an officer or employee of the
‘‘(2) PROVISION OF INFORMATION.—On request of the Federal Government may be compensated at a rate
Chairperson of the Commission, the head of the agen- equal to the daily equivalent of the annual rate of
cy shall provide the information to the Commission. basic pay prescribed for level IV of the Executive
‘‘(c) POSTAL SERVICES.—The Commission may use the Schedule under section 5315 of title 5, United States
United States mails in the same manner and under the Code, for each day (including travel time) during
same conditions as other agencies of the Federal Gov- which the member is engaged in the performance of
ernment. the duties of the Commission.
‘‘(d) GIFTS.—The Commission may solicit, accept, ‘‘(2) FEDERAL EMPLOYEES.—A member of the Com-
use, and dispose of, without further Act of appropria- mission who is an officer or employee of the Federal
tion, gifts, bequests, devises, and donations of services Government shall serve without compensation in ad-
or property. dition to the compensation received for the services
‘‘(e) POWERS OF MEMBERS AND AGENTS.—Any member of the member as an officer or employee of the Fed-
or agent of the Commission may, if authorized by the eral Government.
Commission, take any action that the Commission is ‘‘(b) TRAVEL EXPENSES.—A member of the Commis-
authorized to take under this Act. sion may be allowed travel expenses, including per
‘‘(f) AUTHORITY TO PROCURE AND TO MAKE LEGAL diem in lieu of subsistence, at rates authorized for an
AGREEMENTS.— employee of an agency under subchapter I of chapter 57
‘‘(1) IN GENERAL.—Subject to the availability of ap- of title 5, United States Code, while away from the
propriations, to carry out this Act, the Chairperson home or regular place of business of the member in the
or Vice Chairperson of the Commission or the Execu- performance of the duties of the Commission.
tive Director and White House Liaison may, on behalf ‘‘(c) STAFF.—
of the Commission— ‘‘(1) IN GENERAL.—The Chairperson of the Commis-
‘‘(A) procure supplies, services, and property; and sion or the Executive Director and White House Liai-
‘‘(B) enter into contracts, leases, and other legal son may, without regard to the civil service laws (in-
agreements. cluding regulations), appoint and terminate such ad-
‘‘(2) RESTRICTIONS.— ditional personnel as are necessary to enable the
‘‘(A) WHO MAY ACT ON BEHALF OF COMMISSION.—Ex- Commission to perform the duties of the Commission.
cept as provided in paragraph (1), nothing in this ‘‘(2) COMPENSATION.—
Act authorizes a member of the Commission to pro- ‘‘(A) IN GENERAL.—Except as provided in subpara-
cure any item or enter into any agreement de- graph (B), the Chairperson of the Commission may
scribed in that paragraph. fix the compensation of the Executive Director and
‘‘(B) DURATION OF LEGAL AGREEMENTS.—A con- White House Liaison and other personnel without
tract, lease, or other legal agreement entered into regard to the provisions of chapter 51 and sub-
by the Commission may not extend beyond the date chapter III of chapter 53 of title 5, United States
of termination of the Commission. Code, relating to classification of positions and
‘‘(3) SUPPLIES AND PROPERTY POSSESSED BY COMMIS- General Schedule pay rates.
SION AT TERMINATION.—Any supply, property, or other ‘‘(B) MAXIMUM RATE OF PAY.—The rate of pay for
asset that is acquired by, and, on the date of termi- the Executive Director and White House Liaison
nation of the Commission, remains in the possession and other personnel shall not exceed the rate equal
of, the Commission shall be considered property of to the daily equivalent of the annual rate of basic
the General Services Administration. pay prescribed for level IV of the Executive Sched-
‘‘(g) EXCLUSIVE RIGHT TO NAME, LOGOS, EMBLEMS, ule under section 5315 of title 5, United States Code,
SEALS, AND MARKS.— for each day (including travel time) during which
‘‘(1) IN GENERAL.—The Commission may devise any the member is engaged in the performance of the
logo, emblem, seal, or other designating mark that duties of the Commission.
the Commission determines— ‘‘(d) DETAIL OF FEDERAL GOVERNMENT EMPLOYEES.—
‘‘(A) to be required to carry out the duties of the ‘‘(1) IN GENERAL.—In addition to the details under
Commission; or paragraph (2), on request of the Chairperson, the Vice
‘‘(B) to be appropriate for use in connection with Chairperson, or the Executive Director and White
the commemoration of Memorial Day or the Na- House Liaison, an employee of the Federal Govern-
tional Moment of Remembrance. ment may be detailed to the Commission without re-
‘‘(2) LICENSING.— imbursement.
‘‘(A) IN GENERAL.—The Commission— ‘‘(2) DETAIL OF SPECIFIC EMPLOYEES.—
‘‘(i) shall have the sole and exclusive right to ‘‘(A) MILITARY DETAILS.—
use the name ‘White House Commission on the ‘‘(i) ARMY; AIR FORCE.—The Secretary of the
National Moment of Remembrance’ on any logo, Army and the Secretary of the Air Force shall
emblem, seal, or descriptive or designating mark each detail a commissioned officer above the
that the Commission lawfully adopts; and grade of captain to assist the Commission in car-
‘‘(ii) shall have the sole and exclusive right to rying out this Act.
allow or refuse the use by any other entity of the ‘‘(ii) NAVY.—The Secretary of the Navy shall de-
name ‘White House Commission on the National tail a commissioned officer of the Navy above the
Moment of Remembrance’ on any logo, emblem, grade of lieutenant and a commissioned officer of
seal, or descriptive or designating mark. the Marine Corps above the grade of captain to
‘‘(B) TRANSFER ON TERMINATION.—Unless other- assist the Commission in carrying out this Act.
wise provided by law, all rights of the Commission ‘‘(B) VETERANS AFFAIRS; EDUCATION.—The Sec-
under subparagraph (A) shall be transferred to the retary of Veterans Affairs and the Secretary of
Administrator of General Services on the date of Education shall each detail an officer or employee
termination of the Commission. compensated above the level of GS–12 in accordance
‘‘(3) EFFECT ON OTHER RIGHTS.—Nothing in this sub- with subchapter III of chapter 53 of title 5, United
section affects any right established or vested before States Code to assist the Commission in carrying
the date of enactment of this Act [Dec. 28, 2000]. out this Act.
‘‘(4) USE OF FUNDS.—The Commission may, without ‘‘(3) CIVIL SERVICE STATUS.—The detail of any offi-
further Act of appropriation, use funds received from cer or employee under this subsection shall be with-
licensing royalties under this section to carry out out interruption or loss of civil service status or
this Act. privilege.
‘‘SEC. 8. COMMISSION PERSONNEL MATTERS. ‘‘(e) PROCUREMENT OF TEMPORARY AND INTERMITTENT
‘‘(a) COMPENSATION OF MEMBERS.— SERVICES.—The Chairperson of the Commission may
Page 23 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 117
AND ORGANIZATIONS

procure temporary and intermittent services in accord- ‘‘(2) TRAVEL EXPENSES.—A member of the Alliance
ance with section 3109(b) of title 5, United States Code, may be allowed reimbursement for travel expenses,
at rates for individuals that do not exceed the daily including per diem in lieu of subsistence, at rates au-
equivalent of the annual rate of basic pay prescribed thorized for an employee of an agency under sub-
for level V of the Executive Schedule under section 5316 chapter I of chapter 57 of title 5, United States Code,
of that title. while away from the home or regular place of busi-
‘‘(f) COOPERATIVE AGREEMENTS.— ness of the member in the performance of the duties
‘‘(1) IN GENERAL.—The Commission may enter into of the Commission.
a cooperative agreement with another entity, includ- ‘‘(f) TERMINATION.—The Alliance shall terminate on
ing any Federal agency, State or local government, the date of termination of the Commission.
or private entity, under which the entity may assist ‘‘SEC. 10. EXECUTIVE DIRECTOR AND WHITE
the Commission in— HOUSE LIAISON.
‘‘(A) carrying out the duties of the Commission
‘‘(a) APPOINTMENT.—
under this Act; and
‘‘(B) contributing to public awareness of and in- ‘‘(1) IN GENERAL.—The Director of the Committee
terest in Memorial Day and the National Moment Management Secretariat Staff of the General Serv-
of Remembrance. ices Administration shall appoint an individual as
‘‘(2) ADMINISTRATIVE SUPPORT SERVICES.—On the re- Executive Director and White House Liaison.
quest of the Commission, the Administrator of Gen- ‘‘(2) INAPPLICABILITY OF CERTAIN CIVIL SERVICE
LAWS.—The Executive Director and White House Liai-
eral Services shall provide to the Commission, on a
reimbursable basis, any administrative support serv- son may be appointed without regard to the provi-
ices and any property, equipment, or office space that sions of title 5, United States Code, governing ap-
the Commission determines to be necessary to carry pointments in the competitive service.
out this Act. ‘‘(b) DUTIES.—The Executive Director and White
‘‘(g) SUPPORT FROM NONPROFIT SECTOR.—The Com- House Liaison shall—
mission may accept program support from nonprofit or- ‘‘(1) serve as a liaison between the Commission and
ganizations. the President;
‘‘(2) serve as chief of staff of the Commission; and
‘‘SEC. 9. REMEMBRANCE ALLIANCE. ‘‘(3) coordinate the efforts of the Commission and
‘‘(a) ESTABLISHMENT.—There is established the Re- the President on all matters relating to this Act, in-
membrance Alliance. cluding matters relating to the National Moment of
‘‘(b) COMPOSITION.— Remembrance.
‘‘(1) MEMBERS.—The Alliance shall be composed of ‘‘(c) COMPENSATION.—The Executive Director and
individuals, appointed by the Commission, that are White House Liaison may be compensated at a rate
representatives or members of— equal to the daily equivalent of the annual rate of basic
‘‘(A) the print, broadcast, or other media indus- pay prescribed for level IV of the Executive Schedule
try; under section 5315 of title 5, United States Code, for
‘‘(B) the national sports community; each day (including travel time) during which the Ex-
‘‘(C) the recreation industry;
ecutive Director and White House Liaison is engaged in
‘‘(D) the entertainment industry;
the performance of the duties of the Commission.
‘‘(E) the retail industry;
‘‘(F) the food industry; ‘‘[SEC. 11. Repealed. Pub. L. 110–161, div. H, title I,
‘‘(G) the health care industry; § 1502(e), Dec. 26, 2007, 121 Stat. 2250.]
‘‘(H) the transportation industry; ‘‘SEC. 12. AUTHORIZATION OF APPROPRIATIONS.
‘‘(I) the education community; ‘‘There are authorized to be appropriated to carry out
‘‘(J) national veterans organizations; and this Act, to remain available until expended—
‘‘(K) families that have lost loved ones in combat.
‘‘(1) $500,000 for fiscal year 2001; and
‘‘(2) HONORARY MEMBERS.—On recommendation of
‘‘(2) $250,000 for each of fiscal years 2002 through
the Alliance, the Commission may appoint honorary,
2009.
nonvoting members to the Alliance.
‘‘(3) VACANCIES.—Any vacancy in the membership of ‘‘SEC. 13. TERMINATION.
the Alliance shall be filled in the same manner in ‘‘The Commission shall terminate on the earlier of—
which the original appointment was made. ‘‘(1) a date specified by the President that is at
‘‘(4) MEETINGS.—The Alliance shall conduct meet- least 2 years after the date of enactment of this Act
ings in accordance with procedures approved by the [Dec. 28, 2000]; or
Commission. ‘‘(2) the date that is 10 years after the date of enact-
‘‘(c) TERM.—The Commission may fix the term of ap- ment of this Act.’’
pointment for members of the Alliance. [For transfer of authorities, functions, personnel, and
‘‘(d) DUTIES.—The Alliance shall assist the Commis- assets of the Coast Guard, including the authorities
sion in carrying out this Act by— and functions of the Secretary of Transportation relat-
‘‘(1) planning, organizing, and implementing an an- ing thereto, to the Department of Homeland Security,
nual White House Conference on the National Mo- and for treatment of related references, see sections
ment of Remembrance and other similar events; 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu-
‘‘(2) promoting the observance of Memorial Day and rity, and the Department of Homeland Security Reor-
the National Moment of Remembrance through ap- ganization Plan of November 25, 2002, as modified, set
propriate means, subject to any guidelines developed out as a note under section 542 of Title 6.]
by the Commission;
‘‘(3) establishing necessary incentives for Federal, § 117. Mother’s Day
State, and local governments and private sector enti-
ties to sponsor and participate in programs initiated (a) DESIGNATION.—The second Sunday in May
by the Commission or the Alliance; is Mother’s Day.
‘‘(4) evaluating the effectiveness of efforts by the (b) PROCLAMATION.—The President is requested
Commission and the Alliance in carrying out this to issue a proclamation calling on United States
Act; and Government officials to display the flag of the
‘‘(5) carrying out such other duties as are assigned United States on all Government buildings, and
by the Commission.
‘‘(e) ALLIANCE PERSONNEL MATTERS.— on the people of the United States to display the
‘‘(1) COMPENSATION OF MEMBERS.—A member of the flag at their homes or other suitable places, on
Alliance shall serve without compensation for the Mother’s Day as a public expression of love and
services of the member to the Alliance. reverence for the mothers of the United States.
§ 118 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 24
AND ORGANIZATIONS

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1258.) (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1258.)
HISTORICAL AND REVISION NOTES HISTORICAL AND REVISION NOTES

Revised Source (U.S. Code) Source (Statutes at Large) Revised Source (U.S. Code) Source (Statutes at Large)
Section Section

117(a) ......... 36:142 (words before May 8, 1914, Pub. R. 25, 38 120 ............. 36:160. May 16, 1957, Pub. L. 85–32,
comma). Stat. 770. 71 Stat. 30.
117(b) ......... 36:141.
36:142 (words after
comma). In clause (2), the words ‘‘any of’’, ‘‘by land, by sea,
and by air’’, and ‘‘and every’’ are omitted as unneces-
In subsection (b), the text of 36:142 (words after sary.
comma) is omitted as unnecessary.

§ 118. National Aviation Day § 121. National Disability Employment Awareness


Month
The President may issue each year a procla-
mation— (a) DESIGNATION.—October is National Disabil-
(1) designating August 19 as National Avia- ity Employment Awareness Month.
tion Day; (b) CEREMONIES.—Appropriate ceremonies
(2) calling on United States Government of- shall be held throughout the United States dur-
ficials to display the flag of the United States ing National Disability Employment Awareness
on all Government buildings on National Avia- Month to enlist public support for, and interest
tion Day; and in, the employment of workers with disabilities
(3) inviting the people of the United States who are otherwise qualified. Governors, mayors,
to observe National Aviation Day with appro- heads of other governmental entities, and inter-
priate exercises to further stimulate interest ested organizations and individuals are invited
in aviation in the United States. to participate in the ceremonies.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1258.) (c) PROCLAMATION.—The President is requested
to issue each year a suitable proclamation.
HISTORICAL AND REVISION NOTES
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1258.)
Revised
Section Source (U.S. Code) Source (Statutes at Large) HISTORICAL AND REVISION NOTES
118 ............. 36:151. May 11, 1939, ch. 123, 53 Stat. Revised
739. Section Source (U.S. Code) Source (Statutes at Large)

121(a) ......... 36:155 (1st par. 1st Aug. 11, 1945, ch. 363, 59
§ 119. National Day of Prayer sentence). Stat. 530; Oct. 8, 1970, Pub.
L. 91–442, 84 Stat. 914; Nov.
The President shall issue each year a procla- 7, 1988, Pub. L. 100–630,
title III, § 301(a), 102 Stat.
mation designating the first Thursday in May as 3315.
a National Day of Prayer on which the people of 121(b) ......... 36:155 (1st par. last
sentence).
the United States may turn to God in prayer 36:155 (last par.
and meditation at churches, in groups, and as words after 1st
comma).
individuals. 121(c) ......... 36:155 (last par.
words before 1st
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1258.) comma).

HISTORICAL AND REVISION NOTES In subsection (b), the words ‘‘of States’’ and ‘‘of cit-
Revised ies’’ are omitted as unnecessary. The words ‘‘govern-
Section Source (U.S. Code) Source (Statutes at Large) mental entities’’ are substituted for ‘‘instrumentalities
of government’’ for consistency in the revised title and
119 ............. 36:169h. Apr. 17, 1952, ch. 216, 66 Stat. with other titles of the United States Code. The words
64; May 5, 1988, Pub. L.
100–307, 102 Stat. 456. ‘‘as well as leaders of industry, educational and reli-
gious groups, labor, veterans, women, farm, scientific
and professional, and all other’’ are omitted as unnec-
§ 120. National Defense Transportation Day essary.
The President is requested to issue each year
a proclamation— § 122. National Flag Week
(1) designating the third Friday in May as
National Defense Transportation Day; and The President is requested to issue each year
(2) urging the people of the United States, a proclamation—
including labor, management, users, and in- (1) designating the week in which June 14
vestors, in all communities served by the var- falls as National Flag Week; and
ious forms of transportation to observe Na- (2) calling on citizens to display the flag of
tional Defense Transportation Day by appro- the United States during National Flag Week.
priate ceremonies that will give complete rec-
ognition to the importance to each commu- (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1259.)
nity and its people of the transportation sys- HISTORICAL AND REVISION NOTES
tem of the United States and the maintenance
of the facilities of the system in the most Revised Source (U.S. Code) Source (Statutes at Large)
Section
modern state of adequacy to serve the needs of
the United States in times of peace and in na- 122 ............. 36:157a. June 9, 1966, Pub. L. 89–443,
80 Stat. 194.
tional defense.
Page 25 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 129
AND ORGANIZATIONS

§ 123. National Forest Products Week HISTORICAL AND REVISION NOTES

(a) DESIGNATION.—The
week beginning on the Revised
Source (U.S. Code) Source (Statutes at Large)
Section
third Sunday in October is National Forest
Products Week. 126 ............. 36:169f. Sept. 17, 1968, Pub. L. 90–498,
82 Stat. 848; Aug. 17, 1988,
(b) PROCLAMATION.—The President is requested Pub. L. 100–402, § 1, 102
to issue each year a proclamation calling on the Stat. 1012.
people of the United States to observe National
Forest Products Week with appropriate cere- § 127. National Korean War Veterans Armistice
monies and activities. Day
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1259.) (a) DESIGNATION.—July 27 of each year until
2003 is National Korean War Veterans Armistice
HISTORICAL AND REVISION NOTES
Day.
Revised (b) PROCLAMATION.—The President is requested
Section Source (U.S. Code) Source (Statutes at Large)
to issue each year a proclamation calling on—
123(a) ......... 36:163 (words before Sept. 13, 1960, Pub. L. 86–753, (1) the people of the United States to observe
comma). 74 Stat. 898. National Korean War Veterans Armistice Day
123(b) ......... 36:163 (words after
comma). with appropriate ceremonies and activities;
and
(2) all departments, agencies, and instru-
§ 124. National Freedom Day mentalities of the United States Government,
and interested organizations, groups, and indi-
The President may issue each year a procla- viduals, to fly the flag of the United States at
mation designating February 1 as National halfstaff on July 27 of each year until 2003 in
Freedom Day to commemorate the signing by honor of the individuals who died as a result of
Abraham Lincoln on February 1, 1865, of the their service in Korea.
joint resolution adopted by the Senate and the
House of Representatives that proposed the 13th (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1259.)
amendment to the Constitution. HISTORICAL AND REVISION NOTES
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1259.)
Revised
Section Source (U.S. Code) Source (Statutes at Large)
HISTORICAL AND REVISION NOTES
127(a) ......... 36:169m (words be- July 27, 1995, Pub. L. 104–19,
Revised fore ‘‘and the title II, § 2005, 109 Stat.
Section Source (U.S. Code) Source (Statutes at Large)
President’’). 247.
127(b) ......... 36:169m (words after
124 ............. 36:156. June 30, 1948, ch. 755, 62 ‘‘Armistice
Stat. 1150. Day’ ’’).

In subsection (b)(2), the words ‘‘departments, agen-


§ 125. National Grandparents Day cies, and instrumentalities’’ are substituted for ‘‘de-
partments and agencies of the United States’’ for con-
The President is requested to issue each year sistency in the revised title and with other titles of the
a proclamation— United States Code.
(1) designating the first Sunday in Septem-
§ 128. National Maritime Day
ber after Labor Day as National Grandparents
Day; and (a) DESIGNATION.—May 22 is National Maritime
(2) calling on the people of the United States Day.
and interested groups and organizations to ob- (b) PROCLAMATION.—The President is requested
serve National Grandparents Day with appro- to issue each year a proclamation calling on—
priate ceremonies and activities. (1) the people of the United States to observe
National Maritime Day by displaying the flag
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1259.)
of the United States at their homes or other
HISTORICAL AND REVISION NOTES suitable places; and
(2) United States Government officials to
Revised
Section Source (U.S. Code) Source (Statutes at Large) display the flag on all Government buildings
on National Maritime Day.
125 ............. 36:142b. Sept. 6, 1979, Pub. L. 96–62,
93 Stat. 410. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1260.)
HISTORICAL AND REVISION NOTES
§ 126. National Hispanic Heritage Month Revised
Section Source (U.S. Code) Source (Statutes at Large)
The President is requested to issue each year
a proclamation— 128(a) ......... 36:145 (words before May 20, 1933, ch. 36, 48 Stat.
comma). 73.
(1) designating September 15 through Octo- 128(b) ......... 36:145 (words after
ber 15 as National Hispanic Heritage Month; comma).
and
(2) calling on the people of the United § 129. National Pearl Harbor Remembrance Day
States, especially the educational community,
(a) DESIGNATION.—December 7 is National
to observe National Hispanic Heritage Month
Pearl Harbor Remembrance Day.
with appropriate ceremonies and activities. (b) PROCLAMATION.—The President is requested
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1259.) to issue each year a proclamation calling on—
§ 130 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 26
AND ORGANIZATIONS

(1) the people of the United States to observe (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1260.)
National Pearl Harbor Remembrance Day with
HISTORICAL AND REVISION NOTES
appropriate ceremonies and activities; and
(2) all departments, agencies, and instru- Revised
Section Source (U.S. Code) Source (Statutes at Large)
mentalities of the United States Government,
and interested organizations, groups, and indi- 132(a) ......... 36:168 (words before Oct. 9, 1962, Pub. L. 87–780,
viduals, to fly the flag of the United States at comma). 76 Stat. 779.
132(b) ......... 36:168 (words after
halfstaff each December 7 in honor of the indi- comma).
viduals who died as a result of their service at
Pearl Harbor. § 133. National Transportation Week
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1260.) The President is requested to issue each year
HISTORICAL AND REVISION NOTES a proclamation—
(1) designating the week that includes the
Revised Source (U.S. Code) Source (Statutes at Large) third Friday of May as National Transpor-
Section
tation Week; and
129(a) ......... 36:169l (words before Aug. 23, 1994, Pub. L. (2) inviting the people of the United States
‘‘and the Presi- 103–308, 108 Stat. 1669.
dent’’). to observe National Transportation Week with
129(b) ......... 36:169l (words after appropriate ceremonies and activities as a
‘‘Remembrance
Day’ ’’). tribute to the men and women who, night and
day, move goods and individuals throughout
In subsection (b)(2), the words ‘‘departments, agen- the United States.
cies, and instrumentalities of the United States Gov-
ernment’’ are substituted for ‘‘Federal agencies’’ for (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1260.)
consistency in the revised title and with other titles of
HISTORICAL AND REVISION NOTES
the United States Code.
Revised Source (U.S. Code) Source (Statutes at Large)
§ 130. National Poison Prevention Week Section

The President is requested to issue each year 133 ............. 36:166. May 14, 1962, Pub. L. 87–449,
76 Stat. 69.
a proclamation designating the third week in
March as National Poison Prevention Week to
aid in encouraging the people of the United § 134. Pan American Aviation Day
States to learn of the dangers of accidental poi- The President may issue each year a procla-
soning and to take preventive measures that are mation—
warranted by the seriousness of the danger. (1) designating December 17 as Pan Amer-
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1260.) ican Aviation Day; and
(2) calling on all officials of the United
HISTORICAL AND REVISION NOTES States Government, the chief executive offices
Revised
of the States, territories, and possessions of
Section Source (U.S. Code) Source (Statutes at Large) the United States, and all citizens to partici-
pate in the observance of Pan American Avia-
130 ............. 36:165. Sept. 26, 1961, Pub. L. 87–319,
75 Stat. 681. tion Day to further, and stimulate interest in,
aviation in the American countries as an im-
§ 131. National Safe Boating Week portant stimulus to the further development
of more rapid communications and a cultural
The President is requested to issue each year development between the countries of the
a proclamation designating the 7-day period Western Hemisphere.
ending on the last Friday before Memorial Day
as National Safe Boating Week. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1261.)

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1260.) HISTORICAL AND REVISION NOTES

HISTORICAL AND REVISION NOTES Revised Source (U.S. Code) Source (Statutes at Large)
Section
Revised Source (U.S. Code) Source (Statutes at Large) 134 ............. 36:151a. Oct. 10, 1940, ch. 840, 54 Stat.
Section 1093.
131 ............. 36:161. June 4, 1958, Pub. L. 85–445,
72 Stat. 179; Oct. 3, 1980, In clause (2), the words ‘‘chief executive officers of
Pub. L. 96–376, § 9, 94 Stat. the States, territories, and possessions of the United
1510; Dec. 20, 1993, Pub. L. States’’ are substituted for ‘‘Governors of the fifty
103–236, title III, § 318(a),
107 Stat. 2427. States, our possessions’’, and the word ‘‘countries’’ is
substituted for ‘‘nations’’, for consistency in the re-
vised title and with other titles of the United States
§ 132. National School Lunch Week Code.
(a) DESIGNATION.—The week beginning on the
§ 135. Parents’ Day
second Sunday in October is National School
Lunch Week. (a) DESIGNATION.—The fourth Sunday in July
(b) PROCLAMATION.—The President is requested is Parents’ Day.
to issue each year a proclamation calling on the (b) RECOGNITION.—All private citizens, organi-
people of the United States to observe National zations, and Federal, State, and local govern-
School Lunch Week with appropriate cere- mental and legislative entities are encouraged
monies and activities. to recognize Parents’ Day through proclama-
Page 27 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 139
AND ORGANIZATIONS

tions, activities, and educational efforts in fur- HISTORICAL AND REVISION NOTES
therance of recognizing, uplifting, and support-
Revised
ing the role of parents in bringing up their chil- Section Source (U.S. Code) Source (Statutes at Large)
dren.
137 ............. 36:167(3), (4) (related Oct. 1, 1962, Pub. L. 87–726,
to Police Week). cls. (3), (4) (related to Po-
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1261.) lice Week), 76 Stat. 676;
Sept. 13, 1994, Pub. L.
HISTORICAL AND REVISION NOTES 103–322, title XXXII,
§ 320922(a)(1), (3), (4), 108
Stat. 2131.
Revised Source (U.S. Code) Source (Statutes at Large)
Section
In clause (1), the words ‘‘night and day’’ and ‘‘in our
135(a) ......... 36:142c. Oct. 14, 1994, Pub. L. 103–362, midst’’ are omitted as unnecessary.
108 Stat. 3465.
135(b) ......... 36:142c–1.
§ 138. Save Your Vision Week
In subsection (b), the word ‘‘entities’’ is substituted
for ‘‘bodies’’ for consistency in the revised title and The President is requested to issue each year
with other titles of the United States Code. a proclamation—
(1) designating the first week in March as
Save Your Vision Week;
§ 136. Peace Officers Memorial Day
(2) inviting the governors and mayors of
The President is requested to issue each year State and local governments to issue procla-
a proclamation— mations designating the first week in March
as Save Your Vision Week;
(1) designating May 15 as Peace Officers Me- (3) inviting the communications media,
morial Day in honor of Federal, State, and health care professions, and other agencies
local officers killed or disabled in the line of and individuals concerned with programs for
duty; the improvement of vision to unite during
(2) directing United States Government offi- Save Your Vision Week in public activities to
cials to display the flag of the United States convince the people of the United States of the
at halfstaff on all Government buildings on importance of vision to their welfare and the
Peace Officers Memorial Day, as provided by welfare of the United States; and
section 7(m) of title 4, United States Code; and (4) urging the media, health care professions,
(3) inviting State and local governments and and other agencies and individuals to support
the people of the United States to observe programs to improve and protect the vision of
Peace Officers Memorial Day with appropriate the people of the United States.
ceremonies and activities, including the dis- (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1261.)
play of the flag at halfstaff.
HISTORICAL AND REVISION NOTES
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1261.)
Revised
Section Source (U.S. Code) Source (Statutes at Large)
HISTORICAL AND REVISION NOTES
138 ............. 36:169a. Dec. 30, 1963, Pub. L. 88–242,
Revised Source (U.S. Code) Source (Statutes at Large) 77 Stat. 629.
Section

136 ............. 36:167(1), (2), (4) (re- Oct. 1, 1962, Pub. L. 87–726, In clause (3), the words ‘‘consider including in such
lated to Peace Of- cls. (1), (2), (4) (related to proclamation’’ and ‘‘press, radio, television, and other’’
ficers Memorial Peace Officers Memorial
Day). Day), 76 Stat. 676; Sept. 13, are omitted as unnecessary.
1994, Pub. L. 103–322, title
XXXII, § 320922(a)(2)–(4),
108 Stat. 2131. § 139. Steelmark Month

In clause (2), the reference to section 7(m) of title 4


(a) DESIGNATION.—May is Steelmark Month.
is substituted for the reference to section 175(m) of title (b) PURPOSE.—Steelmark Month recognizes
36 because the latter provision is being restated in title the tremendous contribution made by the steel
4. See section 2 of the bill. industry in the United States to national secu-
rity and defense.
(c) PROCLAMATION.—The President is requested
§ 137. Police Week to issue a proclamation calling on the people of
The President is requested to issue each year the United States to observe Steelmark Month
a proclamation— with appropriate ceremonies and activities.
(1) designating the week in which May 15 oc- (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1262.)
curs as Police Week in recognition of the serv- HISTORICAL AND REVISION NOTES
ice given by men and women who stand guard
to protect the people of the United States Revised Source (U.S. Code) Source (Statutes at Large)
Section
through law enforcement; and
(2) inviting State and local governments and 139(a) ......... 36:169e (1st sentence Nov. 2, 1966, Pub. L. 89–703,
1st–13th words). 80 Stat. 1099.
the people of the United States to observe Po- 139(b) ......... 36:169e (1st sentence
lice Week with appropriate ceremonies and ac- 14th–last words).
139(c) ......... 36:169e (last sen-
tivities, including the display of the flag at tence).
halfstaff.
In subsection (c), the word ‘‘activities’’ is substituted
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1261.) for ‘‘proceedings’’ for consistency in this chapter.
§ 140 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 28
AND ORGANIZATIONS

§ 140. Stephen Foster Memorial Day Brothers Day with appropriate ceremonies and
activities.
The President may issue each year a procla-
mation— (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1262.)
(1) designating January 13 as Stephen Foster HISTORICAL AND REVISION NOTES
Memorial Day; and
(2) calling on the people of the United States Revised Source (U.S. Code) Source (Statutes at Large)
Section
to observe Stephen Foster Memorial Day with
appropriate ceremonies, pilgrimages to his 143(a) ......... 36:169 (1st sentence Dec. 17, 1963, Pub. L. 88–209,
words before 1st 77 Stat. 402.
shrines, and musical programs featuring his comma).
compositions. 143(b) ......... 36:169 (1st sentence
words after 1st
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1262.) comma).
143(c) ......... 36:169 (last sen-
tence).
HISTORICAL AND REVISION NOTES

Revised CENTENNIAL OF FLIGHT COMMEMORATION ACT


Section Source (U.S. Code) Source (Statutes at Large)
Pub. L. 105–389, Nov. 13, 1998, 112 Stat. 3486, as amend-
140 ............. 36:158. Oct. 27, 1951, ch. 593, 65 Stat. ed by Pub. L. 106–68, § 1, Oct. 6, 1999, 113 Stat. 981, known
659. as the Centennial of Flight Commemoration Act, estab-
lished the Centennial of Flight Commission to carry
§ 141. Thomas Jefferson’s birthday out certain activities related to the history of aviation
and the commemoration of the centennial of powered
The President shall issue each year a procla- flight, required the Commission to make annual re-
mation— ports and a final report not later than June 30, 2004, and
(1) calling on officials of the United States provided that the Commission terminate not later than
60 days after submission of the final report.
Government to display the flag of the United
States on all Government buildings on April § 144. Patriot Day
13; and
(2) inviting the people of the United States (a) DESIGNATION.—September 11 is Patriot
to observe April 13 in schools and churches, or Day.
(b) PROCLAMATION.—The President is requested
other suitable places, with appropriate cere-
to issue each year a proclamation calling on—
monies in commemoration of Thomas Jeffer- (1) State and local governments and the peo-
son’s birthday. ple of the United States to observe Patriot
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1262.) Day with appropriate programs and activities;
(2) all departments, agencies, and instru-
HISTORICAL AND REVISION NOTES mentalities of the United States and inter-
Revised ested organizations and individuals to display
Source (U.S. Code) Source (Statutes at Large)
Section the flag of the United States at halfstaff on
141 ............. 36:149. Aug. 16, 1937, ch. 666, 50
Patriot Day in honor of the individuals who
Stat. 668. lost their lives as a result of the terrorist at-
tacks against the United States that occurred
§ 142. White Cane Safety Day on September 11, 2001; and
(3) the people of the United States to observe
The President may issue each year a procla- a moment of silence on Patriot Day in honor
mation— of the individuals who lost their lives as a re-
(1) designating October 15 as White Cane sult of the terrorist attacks against the
Safety Day; and United States that occurred on September 11,
(2) calling on the people of the United States 2001.
to observe White Cane Safety Day with appro-
(Added Pub. L. 107–89, § 1, Dec. 18, 2001, 115 Stat.
priate ceremonies and activities.
876.)
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1262.)
CHAPTER 3—NATIONAL ANTHEM, MOTTO,
HISTORICAL AND REVISION NOTES FLORAL EMBLEM 1 MARCH, AND TREE
Revised Sec.
Section Source (U.S. Code) Source (Statutes at Large)
301. National anthem.
302. National motto.
142 ............. 36:169d. Oct. 6, 1964, Pub. L. 88–628, 303. National floral emblem.
78 Stat. 1003.
304. National march.
305. National tree.
§ 143. Wright Brothers Day
AMENDMENTS
(a) DESIGNATION.—December 17 is Wright 2004—Pub. L. 108–447, div. J, title I, § 109(b)(2), (3), Dec.
Brothers Day. 8, 2004, 118 Stat. 3344, substituted ‘‘MARCH, AND
(b) PURPOSE.—Wright Brothers Day commemo- TREE’’ for ‘‘, AND MARCH’’ in chapter heading and
rates the first successful flights in a heavier added item 305.
than air, mechanically propelled airplane, that
§ 301. National anthem
were made by Orville and Wilbur Wright on De-
cember 17, 1903, near Kitty Hawk, North Caro- (a) DESIGNATION.—The composition consisting
lina. of the words and music known as the Star-Span-
(c) PROCLAMATION.—The President is requested gled Banner is the national anthem.
to issue each year a proclamation inviting the
people of the United States to observe Wright 1 So in original. A comma probably should follow ‘‘EMBLEM’’.
Page 29 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 305
AND ORGANIZATIONS

(b) CONDUCT DURING PLAYING.—During a ren- vember 20, 1986. See Proclamation No. 5574, 51 Fed. Reg.
dition of the national anthem— 42197.
(1) when the flag is displayed— PROC. NO. 5574. THE ROSE PROCLAIMED THE NATIONAL
(A) all present except those in uniform FLORAL EMBLEM OF THE UNITED STATES OF AMERICA
should stand at attention facing the flag Proc. No. 5574, Nov. 20, 1986, 51 F.R. 42197, provided:
with the right hand over the heart; Americans have always loved the flowers with which
(B) men not in uniform should remove God decorates our land. More often than any other
their headdress with their right hand and flower, we hold the rose dear as the symbol of life and
hold the headdress at the left shoulder, the love and devotion, of beauty and eternity. For the love
hand being over the heart; and of man and woman, for the love of mankind and God,
(C) individuals in uniform should give the for the love of country, Americans who would speak the
military salute at the first note of the an- language of the heart do so with a rose.
We see proofs of this everywhere. The study of fossils
them and maintain that position until the reveals that the rose has existed in America for age
last note; and upon age. We have always cultivated roses in our gar-
(2) when the flag is not displayed, all present dens. Our first President, George Washington, bred
should face toward the music and act in the roses, and a variety he named after his mother is still
grown today. The White House itself boasts a beautiful
same manner they would if the flag were dis- Rose Garden. We grow roses in all our fifty States. We
played. find roses throughout our art, music, and literature.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1263.) We decorate our celebrations and parades with roses.
Most of all, we present roses to those we love, and we
HISTORICAL AND REVISION NOTES lavish them on our altars, our civil shrines, and the
final resting places of our honored dead.
Revised Source (U.S. Code) Source (Statutes at Large) The American people have long held a special place in
Section
their hearts for roses. Let us continue to cherish them,
301(a) ......... 36:170. Mar. 3, 1931, ch. 436, 46 Stat. to honor the love and devotion they represent, and to
1508. bestow them on all we love just as God has bestowed
301(b) ......... 36:171. June 22, 1942, ch. 435, § 6, 56
Stat. 380; Dec. 22, 1942, ch. them on us.
806, § 6, 56 Stat. 1077; July The Congress, by Senate Joint Resolution 159 [Pub. L.
7, 1976, Pub. L. 94–344, 99–449, now this section], has designated the rose as the
§ 1(18), 90 Stat. 812.
National Floral Emblem of the United States and au-
thorized and requested the President to issue a procla-
§ 302. National motto mation declaring this fact.
NOW, THEREFORE, I, RONALD REAGAN, President
‘‘In God we trust’’ is the national motto. of the United States of America, do hereby proclaim
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1263; Pub. the rose as the National Floral Emblem of the United
States of America.
L. 107–293, § 3(a), Nov. 13, 2002, 116 Stat. 2060.)
IN WITNESS WHEREOF, I have hereunto set my
HISTORICAL AND REVISION NOTES hand this twentieth day of November, in the year of our
Lord nineteen hundred and eighty-six, and of the Inde-
Revised
Source (U.S. Code) Source (Statutes at Large)
pendence of the United States of America the two hun-
Section dred and eleventh.
302 ............. 36:186. July 30, 1956, ch. 795, 70 RONALD REAGAN.
Stat. 732.
§ 304. National march
AMENDMENTS
The composition by John Philip Sousa enti-
2002—Pub. L. 107–293 reenacted section catchline and tled ‘‘The Stars and Stripes Forever’’ is the na-
text without change. tional march.
REAFFIRMATION OF LANGUAGE (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1263.)
Pub. L. 107–293, § 3(b), Nov. 13, 2002, 116 Stat. 2061, pro-
vided that: ‘‘In codifying this subsection [probably HISTORICAL AND REVISION NOTES
should be ‘‘section’’, meaning section 3 of Pub. L. Revised
107–293, which amended this section], the Office of the Section Source (U.S. Code) Source (Statutes at Large)
Law Revision Counsel shall make no change in section
302, title 36, United States Code, but shall show in the 304 ............. 36:188. Dec. 11, 1987, Pub. L. 100–186,
101 Stat. 1286.
historical and statutory notes that the 107th Congress
reaffirmed the exact language that has appeared in the
Motto for decades.’’ § 305. National tree

§ 303. National floral emblem The tree genus Quercus, commonly known as
the oak tree, is the national tree.
The flower commonly known as the rose is the
(Added Pub. L. 108–447, div. J, title I, § 109(a),
national floral emblem.
Dec. 8, 2004, 118 Stat. 3344.)
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1263.)
CHAPTER 5—PRESIDENTIAL INAUGURAL
HISTORICAL AND REVISION NOTES CEREMONIES
Revised Source (U.S. Code) Source (Statutes at Large) Sec.
Section
501. Definitions.
303 ............. 36:187. Oct. 7, 1986, Pub. L. 99–449, 502. Regulations, licenses, and registration tags.
100 Stat. 1128. 503. Use of reservations, grounds, and public
spaces.
The text of 36:187 (words after comma) is omitted as 504. Installation and removal of electrical facili-
executed because the proclamation was made on No- ties.
§ 501 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 30
AND ORGANIZATIONS

Sec. (b) REGISTRATION TAGS.—The Mayor of the


505. Extension of wires along parade routes. District of Columbia may issue, for any motor
506. Duration of regulations and licenses and pub-
lication of regulations.
vehicle made available for the use of the Inau-
507. Application to other property. gural Committee, special registration tags, valid
508. Enforcement. for not more than 90 days, designed to celebrate
509. Penalty. the inauguration of the President and Vice
510. Disclosure of and prohibition on certain dona- President.
tions.
511. Authorization of appropriations. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1264.)
AMENDMENTS HISTORICAL AND REVISION NOTES
2006—Pub. L. 109–284, § 5(1), (2), Sept. 27, 2006, 120 Stat. Revised
Section Source (U.S. Code) Source (Statutes at Large)
1211, added item 510 and redesignated former item 510 as
511. 502(a) ......... 36:722(a). Aug. 6, 1956, ch. 974, § 2, 70
Stat. 1049; Jan. 30, 1968,
§ 501. Definitions Pub. L. 90–251, § 1, 82 Stat.
4.
For purposes of this chapter— 502(b) ......... 36:722(b).
36:730. Aug. 6, 1956, ch. 974, § 10, as
(1) ‘‘Inaugural Committee’’ means the com- added Jan. 30, 1968, Pub.
mittee appointed by the President-elect to be L. 90–251, § 4, 82 Stat. 4.
in charge of the Presidential inaugural cere-
In this chapter, the words ‘‘Council of the District of
mony and functions and activities connected
Columbia’’ are substituted for ‘‘District of Columbia
with the ceremony; and Council’’ because of sections 401 and 711 of the District
(2) ‘‘inaugural period’’ means the period that of Columbia Self-Government and Governmental Reor-
includes the day on which the Presidential in- ganization Act (Public Law 93–198, 87 Stat. 785, 818).
augural ceremony is held, the 5 calendar days In subsection (a)(2), the words ‘‘of whatever character
immediately preceding that day, and the 4 cal- or kind during such period’’ are omitted as unneces-
endar days immediately following that day. sary.
In subsection (a)(3), the words ‘‘the privilege of’’,
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1263.) ‘‘goods, wares, and’’, and ‘‘in the District of Columbia’’
are omitted as unnecessary.
HISTORICAL AND REVISION NOTES In subsection (b), the words ‘‘both duly registered
. . . and unregistered’’, ‘‘a period’’, and ‘‘the occasion
Revised
Section Source (U.S. Code) Source (Statutes at Large) of’’ are omitted as unnecessary.

501 ............. 36:721(b). Aug. 6, 1956, ch. 974, § 1(b), 70 § 503. Use of reservations, grounds, and public
Stat. 1049. spaces
36:730. Aug. 6, 1956, ch. 974, § 10, as
added Jan. 30, 1968, Pub.
L. 90–251, § 4, 82 Stat. 4. (a) PERMIT FOR USE.—With the approval of the
officer having jurisdiction over any of the Fed-
In this chapter, the word ‘‘Mayor’’ is substituted for eral reservations or grounds in the District of
‘‘Commissioners’’ in the Presidential Inaugural Cere- Columbia, the Secretary of the Interior may
monies Act (ch. 974, 70 Stat. 1049) [subsequently grant to the Inaugural Committee a permit to
changed to ‘‘Commissioner’’ in 36:ch. 30 because section use the reservations or grounds during the inau-
401 of Reorganization Plan No. 3 of 1967 (5 App. U.S.C.)
gural period, including a reasonable time before
transferred the functions of the Board of Commis-
sioners of the District of Columbia to the Commis- and after the inaugural period. The Mayor of the
sioner of the District of Columbia and because of 36:730] District of Columbia may grant a similar permit
because of sections 421 and 711 of the District of Colum- to use public space under the Mayor’s jurisdic-
bia Self-Government and Governmental Reorganization tion. Each permit granted under this subsection
Act (Public Law 93–198, 87 Stat. 789, 818), which abol- is subject to conditions the grantor of the per-
ished the office of Commissioner of the District of Co- mit prescribes.
lumbia and replaced it with the office of Mayor of the (b) REVIEWING STANDS AND COMMERCIAL
District of Columbia. STANDS AND STRUCTURES.—A reviewing stand or
In this section, the text of 36:721(b)(3)–(5) is omitted
because the complete names of the Mayor of the Dis-
a stand or structure for the sale of merchandise,
trict of Columbia and the Secretaries of Defense and of food, or drink may be built on public grounds in
the Interior are used the first time the terms appear in the District of Columbia only if approved by the
a section. Inaugural Committee and by the Secretary or
the Mayor, as appropriate.
§ 502. Regulations, licenses, and registration tags (c) RESTORATION AFTER INAUGURAL PERIOD.—
(a) REGULATIONS AND LICENSES.—For each in- After the inaugural period, the reservation,
augural period, the Council of the District of Co- ground, or public space occupied by a stand or
lumbia shall— structure shall be restored promptly to its prior
(1) prescribe reasonable regulations nec- condition.
essary to preserve public order and protect (d) INDEMNIFICATION.—The Inaugural Commit-
life, health, and property; tee shall indemnify and save harmless the Dis-
(2) prescribe special regulations related to trict of Columbia and the appropriate depart-
the standing, movement, and operation of ve- ment, agency, or instrumentality of the United
hicles; and States Government against any loss or damage
(3) grant special licenses to peddlers and to, and against any liability arising from the
vendors to sell merchandise in places the use of, the reservation, ground, or public space,
Council considers proper, subject to conditions by the Inaugural Committee or a licensee of the
and fees for the licenses the Council considers Inaugural Committee.
proper. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1264.)
Page 31 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 507
AND ORGANIZATIONS

HISTORICAL AND REVISION NOTES agency, or instrumentality’’ are substituted for ‘‘agen-
cy’’ for consistency in the revised title and with other
Revised titles of the United States Code. The words ‘‘or agen-
Section Source (U.S. Code) Source (Statutes at Large)
cies’’ are omitted because of 1:1. The words ‘‘in connec-
503(a) ......... 36:724 (1st, 2d sen- Aug. 6, 1956, ch. 974, § 4, 70 tion with the installation, operation, or removal of a
tences). Stat. 1049. temporary overhead conductor or electrical facility’’
36:730. Aug. 6, 1956, ch. 974, § 10, as
added Jan. 30, 1968, Pub. are added for clarity.
L. 90–251, § 4, 82 Stat. 4.
503(b) ......... 36:724 (3d sentence).
36:730. § 505. Extension of wires along parade routes
503(c) ......... 36:724 (4th sen-
tence). The Mayor of the District of Columbia, the
503(d) ......... 36:724 (last sen-
tence). Secretary of the Interior, and the Inaugural
Committee may allow communications compa-
In subsection (a), the words ‘‘restrictions, terms, nies to extend overhead wires to places along a
and’’ are omitted as unnecessary. The word ‘‘pre-
scribes’’ is substituted for ‘‘imposed’’ for consistency in
parade route that are considered convenient for
the revised title and with other titles of the United use in connection with the parade and other in-
States Code. augural purposes. The wires shall be removed
In subsection (b), the words ‘‘With respect to public not later than 10 days after the inaugural period
space’’, ‘‘goods, wares’’, ‘‘sidewalk, street, park, res- ends.
ervation, or other’’, and ‘‘depending on the location of
such stand or structure’’ are omitted as unnecessary. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1265.)
In subsection (d), the words ‘‘department, agency, or
instrumentality’’ are substituted for ‘‘agency’’ for con- HISTORICAL AND REVISION NOTES
sistency in the revised title and with other titles of the
Revised
United States Code. The words ‘‘or agencies’’ are omit- Section Source (U.S. Code) Source (Statutes at Large)
ted because of 1:1.
505 ............. 36:727. Aug. 6, 1956, ch. 974, § 7, 70
§ 504. Installation and removal of electrical facili- Stat. 1050.
36:730. Aug. 6, 1956, ch. 974, § 10, as
ties added Jan. 30, 1968, Pub.
L. 90–251, § 4, 82 Stat. 4.
(a) INSTALLATION.—The Mayor of the District
of Columbia may allow the Inaugural Commit- The words ‘‘communications companies’’ are sub-
tee to install suitable overhead conductors and stituted for ‘‘telegraph, telephone, radio-broadcasting,
electrical facilities, with adequate supports. The and television companies’’ to eliminate unnecessary
official in charge of a park or reservation in the words.
District of Columbia in which it is necessary to
place wires shall supervise the placing and re- § 506. Duration of regulations and licenses and
moval of those wires. publication of regulations
(b) REMOVAL.—The conductors and supports
shall be removed not later than 5 days after the Regulations prescribed and licenses authorized
end of the inaugural period. under this chapter are effective only during the
(c) INDEMNIFICATION.—The United States Gov- inaugural period. The regulations shall be pub-
ernment and the District of Columbia may not lished in at least one daily newspaper published
incur any expense or damage from the installa- in the District of Columbia. A penalty pre-
tion, operation, or removal of a temporary over- scribed for violating such a regulation may not
head conductor or electrical facility. The Inau- be enforced until 5 days after publication.
gural Committee shall indemnify and hold (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1265.)
harmless the District of Columbia and the ap-
propriate department, agency, or instrumental- HISTORICAL AND REVISION NOTES
ity of the Government against any loss or dam-
Revised
age, and against any liability arising, from any Section Source (U.S. Code) Source (Statutes at Large)
act of the Inaugural Committee or any agent, li-
506 ............. 36:728 (1st, 2d sen- Aug. 6, 1956, ch. 974, § 8 (1st,
censee, servant, or employee of the Inaugural tences). 2d sentences), 70 Stat.
Committee in connection with the installation, 1051.
operation, or removal of a temporary overhead
conductor or electrical facility. The words ‘‘full force and’’ are omitted as unneces-
sary.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1264.)
HISTORICAL AND REVISION NOTES § 507. Application to other property
Revised Source (U.S. Code) Source (Statutes at Large)
This chapter does not apply to the United
Section States Capitol Buildings or Grounds or other
504(a) ......... 36:725 (1st, 2d sen- Aug. 6, 1956, ch. 974, § 5 property under the jurisdiction of Congress or a
tences). (1st–3d, last sentences), 70 committee, commission, or officer of Congress.
Stat. 1050.
36:730. Aug. 6, 1956, ch. 974, § 10, as A service or facility authorized by or under this
added Jan. 30, 1968, Pub. chapter is available for the property on request
L. 90–251, § 4, 82 Stat. 4.
504(b) ......... 36:725 (3d sentence). or approval of the joint committee of the Senate
504(c) ......... 36:725 (last sen- and House of Representatives appointed by the
tence).
President of the Senate and the Speaker of the
In subsection (a), the words ‘‘lighting or other’’ and House of Representatives to arrange for the in-
‘‘for illumination or other purposes’’ are omitted as un- auguration of the President-elect and the Vice
necessary. President-elect.
In subsection (c), the words ‘‘illumination or other’’
are omitted as unnecessary. The words ‘‘department, (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1265.)
§ 508 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 32
AND ORGANIZATIONS

HISTORICAL AND REVISION NOTES (C) the name and address of the person
making the donation.
Revised
Section Source (U.S. Code) Source (Statutes at Large)
(c) LIMITATION.—The committee shall not ac-
507 ............. 36:729. Aug. 6, 1956, ch. 974, § 9, 70 cept any donation from a foreign national (as
Stat. 1051.
defined in section 319(b) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 441e(b))).
§ 508. Enforcement
The Mayor of the District of Columbia, or (Added Pub. L. 107–155, title III, § 308(a)(2), Mar.
other official having jurisdiction in the prem- 27, 2002, 116 Stat. 103.)
ises, shall enforce this chapter, take necessary
precautions to protect the public, and ensure PRIOR PROVISIONS
that the pavement of any street, sidewalk, ave-
nue, or alley disturbed or damaged is restored to A prior section 510 was renumbered section 511 of this
title.
its prior condition.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1265.) EFFECTIVE DATE
HISTORICAL AND REVISION NOTES
Section effective Nov. 6, 2002, see section 402 of Pub.
Revised L. 107–155, set out as an Effective Date of 2002 Amend-
Source (U.S. Code) Source (Statutes at Large)
Section ment; Regulations note under section 431 of Title 2, The
Congress.
508 ............. 36:725 (4th sen- Aug. 6, 1956, ch. 974, § 5 (4th
tence). sentence), 70 Stat. 1050.
36:730. Aug. 6, 1956, ch. 974, § 10, as
added Jan. 30, 1968, Pub. § 511. Authorization of appropriations
L. 90–251, § 4, 82 Stat. 4.
(a) AUTHORIZATION.—Necessary amounts are
§ 509. Penalty authorized to be appropriated—
A person violating a regulation prescribed (1) to enable the Mayor of the District of Co-
under this chapter shall be fined under title 18 lumbia to provide additional municipal serv-
or imprisoned for not more than 30 days. A sepa- ices in the District of Columbia during the in-
rate violation occurs under this section for each augural period, including—
day the violation continues. (A) employment of personal services with-
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1265.) out regard to chapters 33 and 51 and sub-
chapter III of chapter 53 of title 5;
HISTORICAL AND REVISION NOTES
(B) travel expenses of enforcement person-
Revised
Source (U.S. Code) Source (Statutes at Large) nel, including sanitarians, from other juris-
Section
dictions;
509 ............. 36:728 (3d, last sen- Aug. 6, 1956, ch. 974, § 8 (3d, (C) the hiring of the means of transpor-
tences). last sentences), 70 Stat.
1051; Jan. 30, 1968, Pub. L. tation;
90–251, § 3, 82 Stat. 4.
(D) meals for policemen, firemen, and
The words ‘‘by the Council of the District of Colum- other municipal employees;
bia’’ and ‘‘the authority of’’ are omitted as unneces- (E) the cost of removing and relocating
sary. The words ‘‘under title 18’’ are substituted for
streetcar loading platforms, construction,
‘‘not more than $100’’ for consistency with title 18. The
words ‘‘A separate violation occurs under this section rent, maintenance, and expenses incident to
for each day the violation continues’’ are substituted the operation of temporary public comfort
for 36:728 (last sentence) for consistency in the revised stations, first-aid stations, and information
title and with other titles of the United States Code booths; and
and to eliminate unnecessary words.
(F) other incidental expenses in the discre-
§ 510. Disclosure of and prohibition on certain tion of the Mayor; and
donations
(2) to enable the Secretary of the Interior to
(a) IN GENERAL.—A committee shall not be provide meals for the members of the United
considered to be the Inaugural Committee for States Park Police during the inaugural pe-
purposes of this chapter unless the committee riod.
agrees to, and meets, the requirements of sub-
sections (b) and (c). (b) PAYMENT.—Amounts appropriated under—
(b) DISCLOSURE.— (1) subsection (a)(1) of this section are pay-
(1) IN GENERAL.—Not later than the date that able in the same way as other appropriations
is 90 days after the date of the Presidential in- for the expenses of the District of Columbia;
augural ceremony, the committee shall file a and
report with the Federal Election Commission (2) subsection (a)(2) of this section are pay-
disclosing any donation of money or anything able in the same way as other appropriations
of value made to the committee in an aggre- for the expenses of the Department of the In-
gate amount equal to or greater than $200. terior.
(2) CONTENTS OF REPORT.—A report filed
under paragraph (1) shall contain— (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1265, § 510;
(A) the amount of the donation; renumbered § 511, Pub. L. 107–155, title III,
(B) the date the donation is received; and § 308(a)(1), Mar. 27, 2002, 116 Stat. 103.)
Page 33 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 704
AND ORGANIZATIONS

HISTORICAL AND REVISION NOTES ready been proven by steadily declining levels
of litter at these sites; and
Revised
Section Source (U.S. Code) Source (Statutes at Large) (9) a national program for cleaning and
maintaining Federal lands using volunteers
510(a) ......... 36:723 (less words Aug. 6, 1956, ch. 974, § 3, 70
between 1st and Stat. 1049; Jan. 30, 1968, will save millions of tax dollars.
2d commas and Pub. L. 90–251, § 2, 82 Stat.
between next-to- 4. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1266.)
last and last com-
mas). HISTORICAL AND REVISION NOTES
36:730. Aug. 6, 1956, ch. 974, § 10, as
added Jan. 30, 1968, Pub.
L. 90–251, § 4, 82 Stat. 4. Revised Source (U.S. Code) Source (Statutes at Large)
510(b) ......... 36:723 (words be- Section
tween 1st and 2d
commas and be- 701 ............. 36:169i note. Aug. 27, 1986, Pub. L. 99–402,
tween next-to-last § 2, 100 Stat. 910.
and last commas).
In clause (2), the words ‘‘the several’’ are omitted as
In subsection (a)(1)(A), the words ‘‘chapters 33 and 51 unnecessary.
and subchapter III of chapter 53 of title 5’’ are sub-
stituted for ‘‘the civil-service and classification laws’’ § 702. Definition
for clarity and consistency in the revised title and with
other titles of the United States Code. For purposes of this chapter, ‘‘Federal land
management agency’’ includes—
AMENDMENTS (1) the Forest Service of the Department of
2002—Pub. L. 107–155 renumbered section 510 of this Agriculture;
title as this section. (2) the Bureau of Land Management of the
EFFECTIVE DATE OF 2002 AMENDMENT Department of the Interior;
(3) the National Park Service of the Depart-
Amendment by Pub. L. 107–155, effective Nov. 6, 2002, ment of the Interior;
see section 402 of Pub. L. 107–155, set out as an Effective
(4) the Fish and Wildlife Service of the De-
Date of 2002 Amendment; Regulations note under sec-
tion 431 of Title 2, The Congress. partment of the Interior;
(5) the Bureau of Reclamation of the Depart-
CHAPTER 7—FEDERAL PARTICIPATION IN ment of the Interior; and
CARL GARNER FEDERAL LANDS CLEANUP (6) the Army Corps of Engineers.
DAY (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1267.)
Sec.
HISTORICAL AND REVISION NOTES
701. Findings.
702. Definition. Revised
703. Duties of Federal land management agency. Section Source (U.S. Code) Source (Statutes at Large)
704. Activities.
702 ............. 36:169i–1(a)(2). Aug. 27, 1986, Pub. L. 99–402,
§ 4(a)(2), 100 Stat. 911.
§ 701. Findings
Congress finds that— § 703. Duties of Federal land management agency
(1) Federal lands, parks, recreation areas,
and waterways provide recreational opportuni- To observe Carl Garner Federal Lands Cleanup
ties for millions of Americans each year; Day at the Federal level, each Federal land
(2) Federal lands administered by Federal management agency shall organize, coordinate,
land management agencies contain valuable and participate with citizen volunteers and
wildlife, scenery, natural and historic fea- State and local authorities in cleaning and pro-
tures, and other resources which may be dam- viding for the maintenance of Federal public
aged by litter and misuse; land, recreation areas, and waterways within
(3) it is in the best interest of the United the jurisdiction of the agency.
States and its citizens to maintain and pre- (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1267.)
serve the beauty, safety, and availability of
HISTORICAL AND REVISION NOTES
these Federal lands;
(4) these Federal land management agencies Revised
Section Source (U.S. Code) Source (Statutes at Large)
have been designated as the caretakers of
these Federal lands and are responsible for 703 ............. 36:169i–1(a)(1). Aug. 27, 1986, Pub. L. 99–402,
maintaining and preserving those areas and § 4(a)(1), 100 Stat. 911; Nov.
12, 1996, Pub. L. 104–333,
facilities; § 806, 110 Stat. 4188.
(5) there is great value in volunteer involve-
ment in maintaining and preserving Federal The word ‘‘authorities’’ is substituted for ‘‘agencies’’
lands for recreational use; for consistency in the revised title and with other titles
(6) the Federal land management agencies of the United States Code.
should be concerned with promoting a sense of § 704. Activities
pride and ownership among citizens toward
these lands; In cooperation with appropriate State and
(7) the use of citizen volunteers in a national local government authorities, each Federal land
cleanup effort promotes these goals and en- management agency shall plan for and carry out
courages the thoughtful use of these Federal activities on Carl Garner Federal Lands Cleanup
lands and facilities; Day that—
(8) the positive impact of annual cleanup (1) encourage continuing public and private
events held at various recreation sites has al- sector cooperation in preserving the beauty
§ 901 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 34
AND ORGANIZATIONS

and safety of areas within the jurisdiction of HISTORICAL AND REVISION NOTES—Continued
the agency;
Revised
(2) increase citizens’ sense of ownership and Section Source (U.S. Code) Source (Statutes at Large)
community pride in those areas;
(3) reduce litter on Federal lands, along 901(b) ......... 36:180.
901(c) ......... 36:181.
trails and waterways, and within those areas; 901(d) ......... 36:182.
and
(4) maintain and improve trails, recreation In subsection (c), the text of 36:181 (1st sentence) is
areas, waterways, and facilities. omitted as executed. The word ‘‘Thereafter’’ is omitted
as obsolete. The words ‘‘is liable to the United States
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1267.) Government for a civil penalty of’’ are substituted for
HISTORICAL AND REVISION NOTES ‘‘shall, upon conviction thereof, be fined’’ for consist-
ency in the revised title and with other titles of the
Revised United States Code.
Section Source (U.S. Code) Source (Statutes at Large)
§ 902. National League of Families POW/MIA flag
704 ............. 36:169i–1(b). Aug. 27, 1986, Pub. L. 99–402,
§ 4(b), 100 Stat. 911; Nov. (a) DESIGNATION.—The National League of
12, 1996, Pub. L. 104–333,
§ 806, 110 Stat. 4188. Families POW/MIA flag is designated as the
symbol of our Nation’s concern and commit-
In this section, before clause (1), the word ‘‘county’’ ment to resolving as fully as possible the fates
is omitted as unnecessary. The word ‘‘authorities’’ is
substituted for ‘‘agencies’’ for consistency in the re-
of Americans still prisoner, missing, and unac-
vised title and with other titles of the United States counted for in Southeast Asia, thus ending the
Code. uncertainty for their families and the Nation.
(b) REQUIRED DISPLAY.—The POW/MIA flag
CHAPTER 9—MISCELLANEOUS shall be displayed at the locations specified in
Sec. subsection (d) of this section on POW/MIA flag
901. Service flag and service lapel button. display days. The display serves—
902. National League of Families POW/MIA flag. (1) as the symbol of the Nation’s concern and
903. Designation of Medal of Honor Flag. commitment to achieving the fullest possible
AMENDMENTS accounting of Americans who, having been
2002—Pub. L. 107–248, title VIII, § 8143(b)(2), Oct. 23, prisoners of war or missing in action, still re-
2002, 116 Stat. 1570, added item 903. main unaccounted for; and
(2) as the symbol of the Nation’s commit-
§ 901. Service flag and service lapel button ment to achieving the fullest possible account-
(a) INDIVIDUALS ENTITLED TO DISPLAY SERVICE ing for Americans who in the future may be-
FLAG.—A service flag approved by the Secretary come prisoners of war, missing in action, or
of Defense may be displayed in a window of the otherwise unaccounted for as a result of hos-
place of residence of individuals who are mem- tile action.
bers of the immediate family of an individual (c) DAYS FOR FLAG DISPLAY.—(1) For purposes
serving in the Armed Forces of the United of this section, POW/MIA flag display days are
States during any period of war or hostilities in the following:
which the Armed Forces of the United States (A) Armed Forces Day, the third Saturday in
are engaged. May.
(b) INDIVIDUALS ENTITLED TO DISPLAY SERVICE
(B) Memorial Day, the last Monday in May.
LAPEL BUTTON.—A service lapel button approved
by the Secretary may be worn by members of (C) Flag Day, June 14.
the immediate family of an individual serving in (D) Independence Day, July 4.
the Armed Forces of the United States during (E) National POW/MIA Recognition Day.
any period of war or hostilities in which the (F) Veterans Day, November 11.
Armed Forces of the United States are engaged. (2) In addition to the days specified in para-
(c) LICENSE TO MANUFACTURE AND SELL SERV- graph (1) of this subsection, POW/MIA flag dis-
ICE FLAGS AND SERVICE LAPEL BUTTONS.—Any play days include—
person may apply to the Secretary for a license (A) in the case of display at the World War
to manufacture and sell the approved service II Memorial, Korean War Veterans Memorial,
flag, or the approved service lapel button, or and Vietnam Veterans Memorial (required by
both. Any person that manufactures a service subsection (d)(3) of this section), any day on
flag or service lapel button without having first which the United States flag is displayed;
obtained a license, or otherwise violates this (B) in the case of display at medical centers
section is liable to the United States Govern- of the Department of Veterans Affairs (re-
ment for a civil penalty of not more than $1,000. quired by subsection (d)(7) of this section), any
(d) REGULATIONS.—The Secretary may pre- day on which the flag of the United States is
scribe regulations necessary to carry out this displayed; and
section. (C) in the case of display at United States
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1267.) Postal Service post offices (required by sub-
section (d)(8) of this section), the last business
HISTORICAL AND REVISION NOTES
day before a day specified in paragraph (1)
Revised Source (U.S. Code) Source (Statutes at Large)
that in any year is not itself a business day.
Section
(d) LOCATIONS FOR FLAG DISPLAY.—The loca-
901(a) ......... 36:179. Oct. 17, 1942, ch. 615, 56 Stat.
796; May 27, 1953, ch. 70, 67 tions for the display of the POW/MIA flag under
Stat. 35. subsection (b) of this section are the following:
Page 35 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 903
AND ORGANIZATIONS

(1) The Capitol. AMENDMENTS


(2) The White House. 2002—Subsec. (c)(2). Pub. L. 107–323, § 2(b), added sub-
(3) The World War II Memorial, the Korean par. (A) and redesignated former subpars. (A) and (B) as
War Veterans Memorial, and the Vietnam Vet- (B) and (C), respectively.
erans Memorial. Subsec. (d)(3). Pub. L. 107–323, § 2(a), substituted ‘‘The
(4) Each national cemetery. World War II Memorial, the Korean War Veterans Me-
(5) The buildings containing the official of- morial, and the Vietnam Veterans Memorial’’ for ‘‘The
fice of— Korean War Veterans Memorial and the Vietnam Vet-
(A) the Secretary of State; erans Memorial’’.
(B) the Secretary of Defense; 1998—Subsecs. (b) to (g). Pub. L. 105–354 added sub-
(C) the Secretary of Veterans Affairs; and secs. (b) to (g) and struck out former subsecs. (b) and
(D) the Director of the Selective Service (c) which read as follows:
System. ‘‘(b) DISPLAY.—The flag shall be displayed—
‘‘(1) at each national cemetery and at the National
(6) Each major military installation, as des- Vietnam Veterans Memorial each year on Memorial
ignated by the Secretary of Defense. Day and Veterans Day and on any day designated by
(7) Each medical center of the Department of law as National POW/MIA Recognition Day; and
Veterans Affairs. ‘‘(2) on, or on the grounds of, the buildings contain-
(8) Each United States Postal Service post ing the primary offices of the Secretaries of State,
office. Defense, and Veterans Affairs, and the Director of the
Selective Service System on any day designated by
(e) COORDINATION WITH OTHER DISPLAY RE- law as National POW/MIA Recognition Day.
QUIREMENT.—Display of the POW/MIA flag at the ‘‘(c) TERMINATION OF FLAG DISPLAY REQUIREMENT.—
Capitol pursuant to subsection (d)(1) of this sec- Subsection (b) of this section ceases to apply when the
tion is in addition to the display of that flag in President decides that the fullest possible accounting
the Rotunda of the Capitol pursuant to Senate has been made of all members of the Armed Forces and
Concurrent Resolution 5 of the 101st Congress, civilian employees of the United States Government
agreed to on February 22, 1989 (103 Stat. 2533). who have been identified as prisoners of war or missing
(f) DISPLAY TO BE IN A MANNER VISIBLE TO THE in action in Southeast Asia.’’
PUBLIC.—Display of the POW/MIA flag pursuant DISPLAY ON EXISTING FLAGPOLE
to this section shall be in a manner designed to Pub. L. 107–323, § 2(c), Dec. 4, 2002, 116 Stat. 2788, pro-
ensure visibility to the public. vided that: ‘‘No element of the United States Govern-
(g) LIMITATION.—This section may not be con- ment may construe the amendments made by this sec-
strued or applied so as to require any employee tion [amending this section] as requiring the acquisi-
to report to work solely for the purpose of pro- tion of [sic] erection of a new or additional flagpole for
viding for the display of the POW/MIA flag. purposes of the display of the POW/MIA flag.’’
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1268; Pub. § 903. Designation of Medal of Honor Flag
L. 105–354, § 1(1), Nov. 3, 1998, 112 Stat. 3238; Pub.
L. 107–323, § 2(a), (b), Dec. 4, 2002, 116 Stat. 2787.) (a) DESIGNATION.—The Secretary of Defense
shall design and designate a flag as the Medal of
HISTORICAL AND REVISION NOTES Honor Flag. In selecting the design for the flag,
PUB. L. 105–225 the Secretary shall consider designs submitted
Revised
by the general public.
Section Source (U.S. Code) Source (Statutes at Large) (b) PRESENTATION.—The Medal of Honor Flag
902(a) ......... 36:189. Aug. 10, 1990, Pub. L.
shall be presented as specified in sections 3755,
101–355, § 2, 104 Stat. 416. 6257, and 8755 of title 10 and section 505 of title
902(b) ......... 36:189 note. Dec. 5, 1991, Pub. L. 102–190, 14.
title X, § 1084(a)–(c), (e),
105 Stat. 1482, 1483.
902(c) ......... 36:189 note. Dec. 5, 1991, Pub. L. 102–190, (Added Pub. L. 107–248, title VIII, § 8143(b)(1),
title X, § 1084(d), 105 Stat. Oct. 23, 2002, 116 Stat. 1570.)
1483.
FINDINGS
In subsection (b), the text of section 1084(c) of the Na-
Pub. L. 107–248, title VIII, § 8143(a), Oct. 23, 2002, 116
tional Defense Authorization Act for Fiscal Years 1992
Stat. 1570, provided that: ‘‘Congress finds that—
and 1993 (Public Law 102–190, 105 Stat. 1483) is omitted
‘‘(1) the Medal of Honor is the highest award for
as executed.
valor in action against an enemy force which can be
PUB. L. 105–354 bestowed upon an individual serving in the Armed
Forces of the United States;
This amends section 902 of title 36 to reflect changes
‘‘(2) the Medal of Honor was established by Con-
made by section 1082 of the National Defense Author-
gress during the Civil War to recognize soldiers who
ization Act for Fiscal Year 1998 (Public Law 105–85, Nov.
had distinguished themselves by gallantry in action;
18, 1997, 111 Stat. 1917, 36 App. U.S.C. 189a).
Section 1082(g) of that Act, which defined ‘‘POW/MIA ‘‘(3) the Medal of Honor was conceived by Senator
flag’’ as used in section 1082 by reference to section 2 of James Grimes of the State of Iowa in 1861; and
Public Law 101–355, is unnecessary because the two pro- ‘‘(4) the Medal of Honor is the Nation’s highest
visions are restated together in section 902 of title 36. military honor, awarded for acts of personal bravery
Section 1082(h), which required that regulations be or self-sacrifice above and beyond the call of duty.’’
prescribed no later than 180 days after enactment of PRESENTATION OF MEDAL OF HONOR FLAG
Public law 105–85, is repealed as executed.
Section 1082(i), which required that the Adminis- Pub. L. 107–248, title VIII, § 8143(d), Oct. 23, 2002, 116
trator of GSA procure and distribute POW/MIA flags no Stat. 1571, provided that: ‘‘The President shall provide
later than 30 days after enactment of Public Law for the presentation of the Medal of Honor Flag des-
105–85, is repealed as executed. ignated under section 903 of title 36, United States
Section 1082(j), which repealed section 1084 of Public Code, as added by subsection (b), to each person award-
Law 102–190 (previously restated as subsections (b) and ed the Medal of Honor before the date of enactment of
(c) of section 902 of title 36), is repealed as executed. this Act [Oct. 23, 2002] who is living as of that date.
§ 2101 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 36
AND ORGANIZATIONS

Such presentation shall be made as expeditiously as HISTORICAL AND REVISION NOTES


possible after the date of the designation of the Medal
of Honor Flag by the Secretary of Defense under such Revised
Section Source (U.S. Code) Source (Statutes at Large)
section.’’
2101(a) ........ 36:121 (1st par.). Mar. 4, 1923, ch. 283, § 1 (1st
PART B—UNITED STATES GOVERNMENT ORGANI- par.), 42 Stat. 1509; June
ZATIONS INVOLVED WITH OBSERVANCES AND 26, 1946, ch. 502, 60 Stat.
317; Dec. 18, 1989, Pub. L.
CEREMONIES 101–237, title V, § 503, 103
Stat. 2094.
CHAPTER 21—AMERICAN BATTLE 2101(b) ........ 36:121 (2d par.). Mar. 4, 1923, ch. 283, § 1 (2d
par.), 42 Stat. 1509; June
MONUMENTS COMMISSION 26, 1946, ch. 502, 60 Stat.
317; July 25, 1956, ch. 721,
Sec. § 1, 70 Stat. 640; Oct. 21,
2101. Membership. 1970, Pub. L. 91–480, 84
2102. Employment of personnel. Stat. 1081; Apr. 1, 1976,
Pub. L. 94–256, 90 Stat. 301.
2103. Administrative. 36:121 (last par.). Mar. 4, 1923, ch. 283, § 1 (last
2104. Military cemeteries in foreign countries. par.), 42 Stat. 1509; June
2105. Monuments built by the United States Gov- 26, 1946, ch. 502, 60 Stat.
ernment. 317; July 25, 1956, ch. 721,
2106. War memorials not built by the United States § 1, 70 Stat. 640.
2101(c) ........ 36:122. Sept. 26, 1996, Pub. L.
Government. 104–204, title III, (2d pro-
2107. National Memorial Cemetery of the Pacific. viso in par. under heading
2108. Pacific War Memorial and other historical ‘‘American Battle Monu-
ments Commission’’), 110
and memorial sites on Corregidor. Stat. 2907.
2109. Foreign Currency Fluctuations Account.
2110. Claims against the Commission.
2111. Presidential duties and powers. In subsection (a), the words ‘‘from time to time’’ are
2112. Care and maintenance of Surrender Tree site. omitted as unnecessary.
2113. World War II memorial in the District of Co- In subsection (b), before clause (1), the text of 36:121
lumbia. (last par.) is omitted as executed. In clauses (2) and (3),
2114. Intellectual property and related items. the word ‘‘same’’ is omitted as unnecessary. In clause
(2), the words ‘‘authorized to be paid’’ are substituted
AMENDMENTS for ‘‘prescribed’’ for consistency with clause (3) and
1999—Pub. L. 106–117, title VI, §§ 601(a)(2), 603(b), Nov. 37:405.
30, 1999, 113 Stat. 1578, 1579, added items 2113 and 2114. Subsection (c) is based on 36:122 which is from the 2d
proviso in the paragraph under the heading ‘‘American
§ 2101. Membership Battle Monuments Commission’’ in title III of the De-
partments of Veterans Affairs and Housing and Urban
(a) COMPOSITION AND TERMS.—The American
Development, and Independent Agencies Appropria-
Battle Monuments Commission has not more tions Act, 1997 (Public Law 104–204, 110 Stat. 2907). The
than 11 members appointed by the President. provision has been repeated each year in prior appro-
The President also shall appoint one officer of priations acts and therefore is restated as a permanent
the Regular Army to serve as secretary of the provision. For prior provisions, see citations under
Commission. The members and secretary serve 36:122 (1994 ed.). In the restatement, the words ‘‘in the
at the pleasure of the President. The President same way as’’ are substituted for ‘‘as provided for’’ for
shall fill any vacancies that occur. Notwith- clarity and consistency in the revised title.
standing any other law, members of the Armed AMENDMENTS
Forces may be appointed members of the Com-
mission. 1999—Subsec. (b)(2). Pub. L. 106–117, § 604(1)(A), struck
(b) PAY AND EXPENSES.—The members of the out ‘‘, United States Code,’’ after ‘‘title 37’’.
Subsec. (b)(3). Pub. L. 106–117, § 604(1)(B), struck out
Commission serve without compensation. How- ‘‘, United States Code,’’ after ‘‘title 5’’.
ever, the members of the Commission may re-
ceive, from an amount appropriated to carry out § 2102. Employment of personnel
this chapter or acquired by another authorized
way— (a) GENERAL.—Within the limits of an appro-
(1) their actual expenses related to the work priation made to employ personnel, the Amer-
of the Commission; ican Battle Monuments Commission may em-
(2) when in a travel status outside the con- ploy personnel necessary to carry out this chap-
tinental United States, a per diem at the rate ter. To ensure adequate care and maintenance of
authorized to be paid for members of the uni- cemeteries, monuments, and memorials, the
formed services under section 405 of title 37 in- Commission, subject to the availability of ap-
stead of subsistence; and propriations, shall employ—
(3) when in a travel status in the continental (1) at least 50 individuals in the competitive
United States, a per diem at the rate author- service (as defined in section 2102 of title 5), of
ized to be paid under sections 5702 and 5703 of whom at least 43 shall be assigned to duty in
title 5 instead of subsistence. foreign countries where the cemeteries, monu-
(c) EXPENSES OF OFFICERS OF ARMED FORCES ments, and memorials are located; and
SERVING ON COMMISSION.—An officer of the (2) at least 348 individuals who are citizens
Armed Forces serving as a member or as sec- of the countries where the cemeteries, monu-
retary of the Commission may be reimbursed for ments, and memorials are located.
expenses when traveling on business of the Com- (b) DETAILED PERSONNEL.—On request of the
mission in the same way as civilian members of Commission, the heads of departments, agen-
the Commission. cies, and instrumentalities of the United States
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1269; Pub. Government may make available to the Com-
L. 106–117, title VI, § 604(1), Nov. 30, 1999, 113 Stat. mission their personnel and facilities to assist
1580.) in carrying out this chapter, and may expend for
Page 37 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 2103
AND ORGANIZATIONS

that purpose amounts appropriated to the de- In subsection (c), the words ‘‘Secretary of the Army’’
partment, agency, and instrumentality. The are substituted for ‘‘Department of the Army’’ because
Commission shall reimburse the department, of 10:3013(a)(1).
agency, or instrumentality for the pay and al- PUB. L. 105–354
lowances of personnel made available to the This amends section 2102(b) of title 36 to clarify the
Commission. language.
(c) STATION ALLOWANCE FOR OFFICERS AS-
AMENDMENTS
SIGNED TO THE COMMISSION.—For officers of the
Armed Forces assigned to the Commission, the 1999—Subsec. (a)(1). Pub. L. 106–117 struck out
same station allowance shall be authorized for ‘‘, United States Code’’ after ‘‘title 5’’.
1998—Subsec. (b). Pub. L. 105–354 substituted ‘‘person-
serving at foreign stations as the Secretary of nel made available to the Commission’’ for ‘‘designated
the Army has authorized for officers of the personnel’’.
Army.
(d) CITIZENSHIP REQUIREMENT.—An individual § 2103. Administrative
may be employed as the superintendent, or as an (a) GENERAL AUTHORITY.—Subject to appro-
assistant superintendent, of a cemetery oper- priations made to carry out this chapter, the
ated by the Commission only if the individual is American Battle Monuments Commission may—
a citizen of the United States. (1) acquire land or an interest in land in a
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1269; Pub. foreign country to carry out the purposes of
L. 105–354, § 1(2), Nov. 3, 1998, 112 Stat. 3239; Pub. this chapter, or an executive order conferring
L. 106–117, title VI, § 604(2), Nov. 30, 1999, 113 Stat. duties and powers on the Commission, without
1580.) submission to the Attorney General under sec-
tion 3111 of title 40;
HISTORICAL AND REVISION NOTES (2) maintain, repair, and operate motor-pro-
PUB. L. 105–225 pelled passenger-carrying vehicles and other
Revised
property that another department, agency, or
Section Source (U.S. Code) Source (Statutes at Large) instrumentality of the United States Govern-
ment provides to the Commission;
2102(a) ........ 36:121 (3d par. 2d, 3d Mar. 4, 1923, ch. 283, § 1 (3d
sentences). par.), 42 Stat. 1509; June (3) establish offices in the District of Colum-
26, 1946, ch. 502, 60 Stat. bia and elsewhere in or outside the United
317; July 25, 1956, ch. 721,
§ 1, 70 Stat. 640; Oct. 18, States;
1978, Pub. L. 95–479, title (4) rent office and garage space, which may
III, § 306, 92 Stat. 1566; Oct.
7, 1980, Pub. L. 96–385, title be paid for in advance, in foreign countries;
V, § 506, 94 Stat. 1537. and
2102(b) ........ 36:121 (3d par. 1st
sentence). Sept. 26, 1996, Pub. L. (5) procure printing, binding, engraving,
36:122a. 104–204, title III, (1st, last lithographing, photographing, and type-
provisos in par. under
heading ‘‘American Battle writing, including the publication of informa-
Monuments Commis- tion on United States activities, battlefields,
sion’’), 110 Stat. 2907.
2102(c) ........ 36:121b. memorials, and cemeteries with respect to
2102(d) ........ 36:121 (3d par. last which the Commission may exercise any du-
sentence).
ties and powers.
In subsection (a) before clause (1), the words ‘‘or ap- (b) DISPOSITION OF LAND.—Under conditions
propriations’’ are omitted because of 1:1. The words and in the manner the Commission decides is
‘‘further’’ and ‘‘under the jurisdiction of the Commis- proper, the Commission may dispose of land or
sion’’ are omitted as unnecessary. In clause (2), the an interest in land in a foreign country that the
words ‘‘who shall be hired for local employment relat-
Commission acquires in connection with its
ing to the care and maintenance of such cemeteries,
monuments, and memorials’’ are omitted as unneces- work.
sary. (c) CONTRACTING OUT.—Notwithstanding the
Subsections (b) and (c) are based in part on 36:121b requirements of existing laws or regulations, the
and 122a, which are from the first and last provisos in Commission, under conditions the Commission
the paragraph under the heading ‘‘American Battle decides are necessary and proper, may contract
Monuments Commission’’ in title III of the Depart- for work, supplies, materials, and equipment
ments of Veterans Affairs and Housing and Urban De- outside or for use outside the United States and
velopment, and Independent Agencies Appropriations engage the services of architects and other tech-
Act, 1997 (Public Law 104–204, 110 Stat. 2907). The provi-
nical and professional personnel.
sions have been repeated each year in prior appropria-
tions acts and therefore are restated as permanent pro-
(d) DELEGATION.—Under conditions the Com-
visions. For prior provisions, see citations under 36:121b mission may prescribe, the Commission may
and 122a (1994 ed.). delegate to its Chairman, secretary, or officials
In subsection (b), the words ‘‘departments, agencies, in charge of any of its offices any of its author-
and instrumentalities’’ are substituted for ‘‘depart- ity it considers necessary and proper.
ments or agencies’’ and ‘‘departments, agencies, and (e) SOLICITATION AND RECEIPT OF CONTRIBU-
services’’ in 36:121 and ‘‘agencies’’ in 36:122a for consist- TIONS.—(1) The Commission may solicit and re-
ency in the revised title and with other titles of the ceive funds and in-kind donations and gifts from
United States Code. The words ‘‘or of the Army, Navy, any State, municipal, or private source to carry
Air Force, or Marine Corps’’ in 36:121 and ‘‘including
the Armed Forces’’ in 36:122a are omitted as included in
out the purposes of this chapter. The Commis-
‘‘department, agency, or instrumentality’’. The words sion shall deposit such funds in a separate ac-
‘‘as the case may be’’ in 36:121 are omitted as unneces- count in the Treasury. Funds from that account
sary. The word ‘‘salary’’ in 36:122a is omitted as in- shall be disbursed upon vouchers approved by
cluded in ‘‘pay’’. the Chairman of the Commission.
§ 2103 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 38
AND ORGANIZATIONS

(2) The Commission shall establish written HISTORICAL AND REVISION NOTES
guidelines setting forth the criteria to be used
Revised
in determining whether the acceptance of funds Section Source (U.S. Code) Source (Statutes at Large)
and in-kind donations and gifts under paragraph
2103(a) ........ 36:138b (1st par.). Mar. 4, 1923, ch. 283, § 12
(1) would— (1st–3d, last pars.), 42
Stat. 1509; June 26, 1946,
(A) reflect unfavorably on the ability of the ch. 502, 60 Stat. 317; July
Commission, or any member or employee of 25, 1956, ch. 721, §§ 2(c), (d),
4(c)(1), (2), 70 Stat. 640,
the Commission, to carry out the responsibil- 641.
ities or official duties of the Commission in a 2103(b) ........ 36:137. Feb. 11, 1927, ch. 104, § 1 (5th
proviso in par. under
fair and objective manner; or heading ‘‘American Battle
(B) compromise the integrity or the appear- Monuments Commis-
sion’’), 44 Stat. 1071.
ance of the integrity of the programs of the 36:138b (3d par.).
Commission or any official involved in those 2103(c) ........ 36:138b (2d par.).
2103(d) ........ 36:138b (last par.).
programs. 2103(e) ........ 36:128. Mar. 4, 1923, ch. 283, § 7, 42
Stat. 1509; June 26, 1946,
(f) LIMITATION ON USE OF CONTRIBUTIONS.—The ch. 502, 60 Stat. 317.
2103(f) ........ 36:138d(c). Mar. 4, 1923, ch. 283, § 14, as
Commission may not obligate, withdraw, or ex- added Oct. 9, 1996, Pub. L.
pend amounts received as contributions before 104–275, title VI, § 602(b),
110 Stat. 3345.
March 1, 1998. 2103(g) ........ 36:131. Mar. 4, 1923, ch. 283, § 8, 42
Stat. 1509; June 26, 1946,
(g) STATEMENTS TO PRESIDENT.—The Commis- ch. 502, 60 Stat. 317; July
sion shall transmit to the President on October 25, 1956, ch. 721, § 2(c), (d),
70 Stat. 640; Apr. 21, 1976,
1 of each year a statement of all its financial Pub. L. 94–273, § 3(19), 90
and other transactions during the prior fiscal Stat. 377.
2103(h) ....... 36:138d(a), (b).
year. 2103(i) ........ 36:138. Mar. 4, 1923, ch. 283, § 9, 42
(h) FINANCIAL STATEMENTS AND AUDITS.—(1) Stat. 1509; June 26, 1946,
ch. 502, 60 Stat. 317; July
The Commission shall have a system of financial 25, 1956, ch. 721, §§ 2(c), (d),
controls to enable the Commission to comply 4(a), 70 Stat. 640, 641.
2103(j) ........ 36:136. Feb. 11, 1927, ch. 104, § 1 (3d
with the requirements of paragraph (2) of this proviso in par. under
subsection and with section 2106(d)(4) of this heading ‘‘American Battle
Monuments Commis-
title. sion’’), 44 Stat. 1071.
2103(k) ....... 36:133. Feb. 11, 1927, ch. 104, § 1 (last
(2) The Commission shall— proviso in par. under
(A) by March 1 of each year (beginning with heading ‘‘American Battle
Monuments Commis-
1998)— sion’’), 44 Stat. 1071.
(i) prepare a financial statement which
covers all accounts and associated activities In this section, the word ‘‘terms’’ is omitted as in-
cluded in ‘‘conditions’’.
of the Commission for the prior fiscal year In subsection (a), before clause (1), the words ‘‘or ap-
and is consistent with the requirements of propriations’’ are omitted because of 1:1. In clauses (1)
section 3515 of title 31; and and (5), the words ‘‘duties and powers’’ are substituted
(ii) submit the financial statement, to- for ‘‘functions’’ for consistency in the revised title and
gether with a narrative summary, to the with other titles of the United States Code. In clause
Committees on Veterans’ Affairs of the Sen- (2), the words ‘‘department, agency, or instrumental-
ity’’ are substituted for ‘‘departments’’ for consistency
ate and House of Representatives; and
in the revised title and with other titles of the Code.
(B) obtain an audit by the Comptroller Gen- In subsection (b), the text of 36:137 is omitted as su-
perseded. The words ‘‘which has been or may after June
eral of each financial statement prepared
26, 1946, be’’ and ‘‘Provided, That this subsection shall
under subparagraph (A) of this paragraph, not be effective until the expiration of the Surplus
which shall be conducted in accordance with Property Act of 1944’’ are omitted as obsolete. Section
applicable generally accepted government au- 38 of the Surplus Property Act of 1944 (ch. 479, 58 Stat.
diting standards and shall be in lieu of any 784) provided that the Act was to expire 3 years after
audit otherwise required by law. the cessation of hostilities of World War II. The ces-
sation of hostilities was proclaimed on December 31,
(i) DISPOSITION OF RECORDS AND ARCHIVES.— 1946, by Proclamation No. 2714, 12 Fed. Reg. 1. However,
When no longer required by the Commission, the section 602(a)(1) of the Federal Property and Adminis-
records and archives of the Commission shall be trative Services Act of 1949 (ch. 288, 63 Stat. 399) [re-
deposited with the National Archives in accord- numbered by section 6(a) and (b) of the Act of Septem-
ance with section 2107 of title 44. ber 5, 1950 (ch. 849, 64 Stat. 583)] repealed the Surplus
Property Act of 1944 effective July 1, 1949 (except for
(j) SEAL.—The Commission shall have a seal sections 13(d), (g), and (h), 28, and 32(b)(2)). Section
that shall be judicially noticed. 13(d), concerning power transmission lines, and section
(k) DISBURSEMENTS OUTSIDE CONTINENTAL 13(g), concerning property for public airports, do not in-
UNITED STATES.—Disbursements for expendi- volve the American Battle Monuments Commission.
Section 13(h) was repealed by section 2 of the Act of
tures outside the continental United States may
August 4, 1972 (Public Law 92–362, 86 Stat. 504). Section
be made by a special disbursing agent des- 28 was repealed by section 21 of the Act of June 25, 1948
ignated by the Commission under regulations it (ch. 645, 62 Stat. 868). Section 32(b)(2) was repealed by
prescribes. section 111(a)(1) of the Mutual Educational and Cul-
tural Exchange Act of 1961 (Public Law 87–256, 75 Stat.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1270; Pub. 538).
L. 106–117, title VI, §§ 602, 604(3), Nov. 30, 1999, 113 In subsection (c), the words ‘‘in its discretion’’, ‘‘by
Stat. 1578, 1580; Pub. L. 107–217, § 3(i)(1), Aug. 21, contract or otherwise’’, and ‘‘firms of architects’’ are
2002, 116 Stat. 1300.) omitted as unnecessary.
Page 39 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 2105
AND ORGANIZATIONS

AMENDMENTS mates to build suitable memorials commemo-


2002—Subsec. (a)(1). Pub. L. 107–217 substituted ‘‘sec- rating the service of American Armed Forces,
tion 3111 of title 40’’ for ‘‘section 355 of the Revised and shall build and maintain memorials in the
Statutes (40 U.S.C. 255)’’. United States and, as the Commission decides,
1999—Subsec. (d). Pub. L. 106–117, § 604(3)(C), sub- at any place outside the United States where the
stituted ‘‘Chairman’’ for ‘‘chairman’’. Armed Forces have served since April 6, 1917.
Subsec. (e). Pub. L. 106–117, § 602, amended heading
and text of subsec. (e) generally. Prior to amendment,
(b) ARCHITECTURE AND ART.—The Commission
text read as follows: ‘‘The Commission may receive shall build and maintain works of architecture
State, local, or private amounts to carry out this chap- and art in United States cemeteries located out-
ter. The Commission shall deposit the amounts with side the United States and the territories and
the Treasurer of the United States. The Treasurer shall possessions of the United States that are perma-
keep the amounts in separate accounts and shall dis- nent cemeteries. The Secretary of Veterans Af-
burse the amounts on vouchers approved by the chair- fairs shall maintain works of architecture and
man.’’ art built by the Commission in the National
Subsec. (h)(2)(A)(i). Pub. L. 106–117, § 604(3)(A), struck
out ‘‘, United States Code’’ after ‘‘title 31’’. Cemetery Administration, as described in sec-
Subsec. (i). Pub. L. 106–117, § 604(3)(B), struck out tion 2400(b) of title 38.
‘‘, United States Code’’ after ‘‘title 44’’. (c) CONTROL AND SUPERVISION OF MATERIALS,
DESIGN, AND BUILDING.—(1) The Commission
§ 2104. Military cemeteries in foreign countries shall control the materials and design and pre-
When, as a result of combat operations, the scribe regulations for, and supervise the build-
Armed Forces establish military cemeteries in ing of, all memorial monuments and buildings in
zones of operations outside the United States United States cemeteries located outside the
and the territories and possessions of the United United States and the territories and posses-
States, the American Battle Monuments Com- sions of the United States.
mission and the Secretary of the Army, imme- (2) The Commission shall control the design
diately on the cessation of hostilities, shall de- and prescribe regulations for the building of all
cide which of the cemeteries will become perma- memorial monuments and buildings commemo-
nent cemeteries or, if they decide it is desirable, rating the service of American Armed Forces
shall select new sites for the cemeteries at any that are built in a foreign country or political
other location. The Commission is solely respon- division of the foreign country that authorizes
sible for the design and construction of the per- the Commission to carry out those duties and
manent cemeteries, and of all buildings, plant- powers.
ings, headstones, and other permanent improve- (d) APPROVAL BY NATIONAL COMMISSION OF
ments incidental to the cemeteries, except FINE ARTS.—A design for a memorial must be
that— approved by the National Commission of Fine
(1) the Armed Forces are responsible for Arts before the Commission can accept it.
maintaining the permanent cemeteries until (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1271; Pub.
the Commission declares its readiness to as- L. 105–368, title IV, § 403(d)(1), Nov. 11, 1998, 112
sume the authorized administrative duties and Stat. 3339.)
powers;
(2) all construction undertaken by the HISTORICAL AND REVISION NOTES
Armed Forces in establishing and maintaining
Revised Source (U.S. Code) Source (Statutes at Large)
the cemetery prior to its transfer to the Com- Section
mission shall be nonpermanent;
2105(a) ........ 36:123 (1st par. 1st Mar. 4, 1923, ch. 283, § 3, 42
(3) burials and reburials by the Armed sentence). Stat. 1509; June 26, 1946,
Forces shall be carried out in accordance with ch. 502, 60 Stat. 317; July
plans prepared by the Commission; and 25, 1956, ch. 721, §§ 2(b), (d),
3(b), 70 Stat. 640, 641.
(4) the Armed Forces have the right to re- 2105(b) ........ 36:123 (1st par. 2d,
enter a cemetery transferred to the Commis- last sentences).
2105(c) ........ 36:123 (2d, last
sion to exhume or re-inter a body if they de- pars.).
cide it is necessary. 2105(d) ........ 36:124. Mar. 4, 1923, ch. 283, § 4, 42
Stat. 1510; June 26, 1946,
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1271.) ch. 502, 60 Stat. 317; July
25, 1956, ch. 721, §§ 2(b), (d),
3(c), 70 Stat. 640, 641.
HISTORICAL AND REVISION NOTES

Revised In subsections (a) and (c)(2), the word ‘‘American’’ is


Section Source (U.S. Code) Source (Statutes at Large) omitted as unnecessary.
In subsection (a), the words ‘‘or shall hereafter serve’’
2104 ............ 36:122b. Mar. 4, 1923, ch. 283, § 2, as are omitted as obsolete.
added July 25, 1956, ch.
721, § 3(a), 70 Stat. 640. In subsection (b), the words ‘‘Secretatry [sic] of Vet-
erans Affairs’’ are substituted for ‘‘Department of De-
In this section, before clause (1), the words ‘‘so estab- fense’’, and the words ‘‘the National Cemetery System,
lished, if any’’ are omitted as unnecessary. In clause as described in section 2400(b) of title 38’’ are sub-
(1), the words ‘‘such time as’’ are omitted as unneces- stituted for ‘‘cemeteries within the United States, its
sary. The words ‘‘duties and powers’’ are substituted Territories and possessions’’, because of section 6 of the
for ‘‘functions’’ for consistency in the revised title and National Cemeteries Act of 1973 (Public Law 93-43, 38
with other titles of the United States Code. In clause U.S.C. 2404 note), which transferred jurisdiction over
(2), the words ‘‘in nature’’ are omitted as unnecessary. and responsibility for the national cemeteries (with
certain exceptions) from the Secretary of the Army to
§ 2105. Monuments built by the United States the Administrator of Veterans’ Affairs.
Government In subsection (c)(2), the words ‘‘duties and powers’’
are substituted for ‘‘functions’’ for consistency in the
(a) MEMORIALS.—The American Battle Monu- revised title and with other titles of the United States
ments Commission shall prepare plans and esti- Code.
§ 2106 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 40
AND ORGANIZATIONS

AMENDMENTS subsection (c) of this section. The fund consists


1998—Subsec. (b). Pub. L. 105–368 substituted ‘‘Na- of—
tional Cemetery Administration’’ for ‘‘National Ceme- (A) amounts deposited into, and interest and
tery System’’. proceeds credited to, the fund under paragraph
(2) of this subsection; and
§ 2106. War memorials not built by the United (B) obligations obtained under paragraph (3)
States Government of this subsection.
(a) COOPERATION WITH OTHERS.—The American (2) The Commission shall deposit into the fund
Battle Monuments Commission may cooperate the amounts that are accepted under subsection
with citizens of the United States, States, mu- (c) of this section. The Secretary of the Treas-
nicipalities, or associations desiring to build ury shall credit to the fund the interest on, and
war memorials outside the continental limits of the proceeds from the sale or redemption of, ob-
the United States in the way the Commission ligations held in the fund.
decides. An administrative agency of the United (3) The Secretary shall invest any part of the
States Government may give assistance to build fund that the Commission decides is not re-
the memorial only if a plan for the memorial quired to meet current expenses. Each invest-
has been approved under this chapter. ment shall be made in an interest-bearing obli-
(b) CONTROL, ADMINISTRATION, AND MAINTE- gation of the United States Government, or an
NANCE OF WAR MEMORIALS.—(1) The Commission obligation that has its principal and interest
may assume responsibility for the control, ad- guaranteed by the Government, that the Com-
ministration, and maintenance of any war me- mission decides has a maturity suitable for the
morial built outside the United States by a citi- fund.
zen of the United States, a State, a political (4) The Commission shall separately account
subdivision of a State, a governmental author- for all amounts deposited in and expended from
ity (except a department, agency, or instrumen- the fund for each war memorial for which an ar-
tality of the United States Government), a for- rangement for repair or long-term maintenance
eign agency, or a private association to com- is made under subsection (c) of this section.
memorate the services of any of the Armed (e) DEMOLITION OF WAR MEMORIAL BUILT IN A
Forces in hostilities occurring since April 6, FOREIGN COUNTRY AND DISPOSITION OF SITE.—The
1917, if— Commission may take necessary action to de-
(A) the memorial is not built on the terri- molish any war memorial built outside the
tory of the applicable former enemy; and United States by a citizen of the United States,
(B) the sponsors of the memorial consent to a State, a political subdivision of a State, a gov-
the Commission assuming those responsibil- ernmental authority (except a department,
ities and transfer to the Commission all their agency, or instrumentality of the United States
rights and interests in the memorial. Government), a foreign agency, or a private as-
(2) If reasonable effort fails to locate the spon- sociation and to dispose of the site of the memo-
sors of a memorial, the Commission may assume rial in a way the Commission decides is proper,
responsibility for the memorial under this sub- if—
section by agreement with the appropriate for- (1) the appropriate foreign authorities agree
eign authorities. A decision of the Commission to the demolition; and
to assume responsibility for a war memorial (2)(A) the sponsor of the memorial consents
under this subsection is final. to the demolition; or
(3) Sponsors of a war memorial for which the (B) the memorial has fallen into disrepair
Commission assumes responsibility under this and a reasonable effort by the Commission has
subsection may transfer amounts accumulated failed—
to maintain and repair the memorial to the (i) to persuade the sponsor to maintain the
Commission for use in carrying out this chapter. memorial at a standard acceptable to the
Except as provided in subsection (c) of this sec- Commission; or
tion, the Commission shall deposit transferred (ii) to locate the sponsor.
amounts as provided in section 2103(e) of this (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1272.)
title.
(c) ARRANGEMENTS FOR REPAIR OR LONG-TERM HISTORICAL AND REVISION NOTES
MAINTENANCE OF MEMORIALS.—In assuming re-
Revised Source (U.S. Code) Source (Statutes at Large)
sponsibility for a war memorial under sub- Section
section (b)(1) or (2) of this section, the Commis-
2106(a) ........ 36:125(a). Mar. 4, 1923, ch. 283, § 5(a), 42
sion may arrange with the sponsors of the me- Stat. 1509; June 26, 1946,
morial to provide for repair or long-term main- ch. 502, 60 Stat. 317; July
25, 1956, ch. 721, § 2(b), (d),
tenance of the memorial. An amount transferred 70 Stat. 640; Jan. 2, 1974,
to the Commission for the purpose of this sub- Pub. L. 93–244, 87 Stat.
1070.
section shall be deposited by the Commission in 2106(b)(1) .... 36:125(b)(1) (1st sen- Mar. 4, 1923, ch. 283,
the fund established under subsection (d) of this tence), (d). § 5(b)–(d), as added Jan. 2,
1974, Pub. L. 93–244, 87
section. Stat. 1070; Oct. 9, 1996,
(d) FUND FOR ARRANGEMENTS FOR REPAIR OR Pub. L. 104–275, title VI,
§ 602(a), 110 Stat. 3344.
LONG-TERM MAINTENANCE OF MEMORIALS.—(1) 2106(b)(2) .... 36:125(b)(1) (last sen-
There is a fund in the Treasury that is available tence), (d).
2106(b)(3) .... 36:125(b)(2)(A), (d).
to the Commission for expenses of repair and 2106(c) ........ 36:125(b)(2)(B), (d).
long-term maintenance of memorials for which 2106(d) ........ 36:125(b)(3).
2106(e) ........ 36:125(c), (d).
the Commission has made arrangements under
Page 41 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 2109
AND ORGANIZATIONS

In subsections (b), (c), and (e), the text of 36:125(d) is cies, and instrumentalities of the United States
omitted as unnecessary. Government may assist the Commission, on a
In subsection (b)(1), before clause (A), the words ‘‘in
its discretion’’ and ‘‘before, on, or after the effective
reimbursable basis, in carrying out this section.
date of this subsection’’ are omitted as unnecessary. (d) AUTHORITY TO SOLICIT CONTRIBUTIONS.—To
The words ‘‘governmental authority (except a depart- carry out this section, the Commission may so-
ment, agency, or instrumentality of the United States licit and accept private contributions and shall
Government)’’ are substituted for ‘‘non-Federal govern- deposit the contributions in the fund established
mental agency’’ for consistency in the revised title and by subsection (f) of this section.
with other titles of the United States Code. In clause (e) USE OF PRIVATE AMOUNTS.—The Commis-
(B), the word ‘‘title’’ is omitted as included in ‘‘rights’’. sion shall carry out this section with private
MAINTENANCE AND REPAIR OF PACIFIC BATTLE amounts except to the extent amounts are ap-
MONUMENTS propriated under subsection (g) of this section.
Pub. L. 103–160, div. A, title III, § 369, Nov. 30, 1993, 107 (f) FUND.—(1) There is a fund in the Treasury
Stat. 1634, provided that: that is available to the Commission only to
‘‘(a) AUTHORITY.—The Commandant of the Marine carry out this section. The fund consists of—
Corps may provide necessary minor maintenance and (A) amounts deposited into, and interest and
repairs to the Pacific battle monuments until such proceeds credited to, the fund under paragraph
time as the Secretary of the American Battle Monu-
(2) of this subsection; and
ments Commission and the Commandant of the Marine
Corps agree that the repair and maintenance will be
(B) obligations obtained under paragraph (3)
performed by the American Battle Monuments Com- of this subsection.
mission. (2) The Chairman of the Commission shall de-
‘‘(b) FUNDING.—Of the amounts authorized to be ap-
propriated to the Marine Corps for operation and main-
posit into the fund the amounts that are accept-
tenance in a fiscal year, not more than $15,000 may be ed under subsection (d) of this section. The Sec-
made available to repair and maintain Pacific battle retary of the Treasury shall credit to the fund
monuments, except that of the amounts available to the interest on, and the proceeds from the sale
the Marine Corps for operation and maintenance in fis- or redemption of, obligations held in the fund.
cal year 1994, $150,000 may be made available to repair (3) The Secretary shall invest any part of the
and relocate a monument located on Iwo Jima com- fund that the Chairman decides is not required
memorating the heroic efforts of United States mili- to meet current expenses. Each investment shall
tary personnel during World War II.’’
be made in an interest-bearing obligation of the
§ 2107. National Memorial Cemetery of the Pa- United States Government, or an obligation
cific that has its principal and interest guaranteed by
the Government, that the Chairman decides has
With the consent of the Secretary of Veterans
a maturity suitable for the fund.
Affairs, the American Battle Monuments Com- (4) Amounts in the fund exceeding the cost of
mission may build works of architecture and art carrying out this section, as decided by the
in the National Memorial Cemetery of the Pa- Chairman, shall be deposited in the Treasury as
cific.
miscellaneous receipts to reimburse the United
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1274.) States Government for amounts appropriated
under subsection (g) of this section.
HISTORICAL AND REVISION NOTES
(g) AUTHORIZATION OF APPROPRIATIONS.—There
Revised
Source (U.S. Code) Source (Statutes at Large)
are authorized to be appropriated—
Section (1) $6,000,000 for site preparation, design,
2107 ............ 36:125a. June 24, 1954, ch. 359, § 101 planning, construction, and associated admin-
(1st proviso in last par. istrative costs for the restoration of the Me-
under heading ‘‘American
Battle Monuments Com- morial and other historical and memorial sites
mission’’), 68 Stat. 275. referred to in subsection (a) of this section;
and
The words ‘‘Secretary of Veterans Affairs’’ are sub-
stituted for ‘‘Secretary of the Army’’ because of section
(2) amounts necessary to operate and main-
6 of the National Cemeteries Act of 1973 (Public Law tain the Memorial and those other historical
93–43, 38 U.S.C. 2404 note), which transferred jurisdic- and memorial sites.
tion over and responsibility for the national cemeteries (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1274.)
(with certain exceptions) from the Secretary of the
Army to the Administrator of Veterans’ Affairs. The HISTORICAL AND REVISION NOTES
words ‘‘as may be determined by the Commission’’ are
omitted as unnecessary. Revised Source (U.S. Code) Source (Statutes at Large)
Section
§ 2108. Pacific War Memorial and other historical 2108(a) ........ 36:125b(a), (b). Nov. 18, 1988, Pub. L. 100–687,
and memorial sites on Corregidor title XVI, § 1602, 102 Stat.
4137.
(a) GENERAL.—After an agreement is made be- 2108(b) ........ 36:125b(c).
2108(c) ........ 36:125b(d).
tween the Government of the Republic of the 2108(d) ........ 36:125b(f).
Philippines and the United States Government, 2108(e) ........ 36:125b(e).
2108(f) ........ 36:125b(g).
the American Battle Monuments Commission 2108(g) ........ 36:125b(h).
shall restore, operate, and maintain the Pacific
War Memorial and other historical and memo- § 2109. Foreign Currency Fluctuations Account
rial sites on Corregidor.
(b) PERSONNEL.—The Commission may employ (a) ESTABLISHMENT AND PURPOSE.—There is an
necessary personnel to carry out this section. account in the Treasury known as the ‘‘Foreign
(c) USE OF OTHER DEPARTMENTS, AGENCIES, Currency Fluctuations, American Battle Monu-
AND INSTRUMENTALITIES.—Departments, agen- ments Commission, Account’’. The Account
§ 2110 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 42
AND ORGANIZATIONS

shall be used to provide amounts, in addition to HISTORICAL AND REVISION NOTES—Continued


amounts appropriated for salaries and expenses
Revised Source (U.S. Code) Source (Statutes at Large)
of the Commission, to pay the cost of salaries Section
and expenses that exceeds the amount appro-
2109(b) ........ 36:138c(b) (last sen-
priated for salaries and expenses because of fluc- tence).
tuations in currency exchange rates of foreign 2109(c)(1) .... 36:138c(a) (last sen-
tence), (b) (1st
countries occurring after a budget request for sentence).
the Commission is submitted to Congress. The 2109(c)(2) .... 36:138c(d).
2109(c)(3) .... 36:138c(e).
Account may not be used for any other purpose. 2109(d) ........ 36:138c(c).
(b) INCREASE IN PERMISSIBLE OBLIGATIONS OF 2109(e) ........ 36:138c(f).
2109(f) ........ 36:138c(g).
AMOUNTS.—A provision of law limiting the 2109(g) ........ 36:138c note. May 20, 1988, Pub. L. 100–322,
amounts the Commission may obligate in a fis- title III, § 345(b), 102 Stat.
540.
cal year shall be increased to the extent nec-
essary to reflect fluctuations in exchange rates
§ 2110. Claims against the Commission
from those used in preparing the budget submis-
sion. A claim against the American Battle Monu-
(c) TRANSFERRED AMOUNTS.—(1) Amounts in ments Commission that is similar to a claim de-
the Account may be transferred to amounts ap- scribed in section 2734 of title 10, that is based
propriated for salaries and expenses of the Com- on damage to, or loss or destruction of, prop-
mission. Transferred amounts shall be merged erty, or personal injury or death of an individ-
with, and are available for the same time period ual, and that is caused by the negligent or
as, the appropriation to which they are applied. wrongful act or omission of an officer or civilian
(2) AMOUNTS TRANSFERRED FROM THE ACCOUNT employee of the Commission acting within the
MAY BE TRANSFERRED BACK— scope of the officer’s or employee’s office or em-
(A) if the amounts are not needed to pay ob- ployment, may be settled, decided, and paid as
ligations incurred because of fluctuations in provided in section 2734 for the settlement of
currency exchange rates of foreign countries Army claims. However, the Secretary of the
in the appropriation to which the amounts Army may appoint an officer or employee of the
were originally transferred; or Commission to a claims commission or as an of-
(B) because of subsequent favorable fluctua- ficer to approve settlements of claims made by
tions in the rates or because other amounts the claims commission. All payments in settle-
are, or become, available to pay the obliga- ment of a claim shall be made out of appropria-
tions. tions made to carry out this chapter.
(3) Amounts transferred to an appropriation (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1276.)
under this subsection may not be transferred
back to the Account after the end of the 2d fis- HISTORICAL AND REVISION NOTES
cal year after the fiscal year in which the appro- Revised
Source (U.S. Code) Source (Statutes at Large)
priation was available for obligation. Section
(d) RECORDING OF OBLIGATIONS AND FLUCTUA- 2110 ............ 36:138b (4th par.). Mar. 4, 1923, ch. 283, § 12 (4th
TIONS IN EXCHANGE RATES.—An obligation of the par.), 42 Stat. 1509; June
Commission payable in the currency of a foreign 26, 1946, ch. 502, 60 Stat.
317; July 25, 1956, ch. 721,
country may be recorded as an obligation based §§ 2(c), (d), 4(c)(3), 70 Stat.
on exchange rates used in preparing a budget 640, 642.
submission. A change reflecting fluctuations in The words ‘‘section 2734 of title 10’’ and ‘‘section 2734’’
exchange rates may be recorded as a disburse- are substituted for ‘‘the first section of the Act entitled
ment is made. ‘An Act to provide for the prompt settlement of claims
(e) UNOBLIGATED BALANCES.—The unobligated for damages occasioned by Army, Navy, and Marine
balance of an appropriation for salaries and ex- Corps forces in foreign countries’, approved January 2,
penses may be transferred to the Account not 1942 (55 Stat. 880, as amended; 31 U.S.C. 224d)’’ and
later than the end of the second fiscal year fol- ‘‘such Act’’, respectively, in section 12 (4th par.) of the
lowing the fiscal year for which the appropria- Act of March 4, 1923 (ch. 283), as added by section 4(c)(3)
of the Act of July 25, 1956 (ch. 721, 70 Stat. 642), because
tion was made. The unobligated balance shall be
of section 49(b) of the Act of August 10, 1956 (ch. 1041,
merged with, and be available for the same pe- 70A Stat. 640). The 1942 law enacted former 31:224d, 224h,
riod and purposes as, the Account. and 224i. Those sections subsequently were codified as
(f) ANNUAL REPORT.—The Commission each 10:2734 and repealed by the Act of August 10, 1956 (ch.
year shall submit to the appropriate committees 1041, 70A Stat. 154, 672). The words ‘‘both real and per-
of Congress a report on amounts transferred sonal’’ are omitted as unnecessary. The words ‘‘on or
under this section. after July 25, 1956’’ are omitted as obsolete. The words
(g) AUTHORIZATION OF APPROPRIATIONS.—There ‘‘or commissions’’ are omitted because of 1:1. The words
is authorized to be appropriated $3,000,000 to the ‘‘settled, decided’’ are substituted for ‘‘considered, as-
certained, adjusted, determined’’ to eliminate unneces-
Account.
sary words.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1275.)
§ 2111. Presidential duties and powers
HISTORICAL AND REVISION NOTES
(a) ARRANGEMENTS WITH FOREIGN COUNTRIES.—
Revised Source (U.S. Code) Source (Statutes at Large) The President is requested to make the nec-
Section
essary arrangements with the proper authorities
2109(a) ........ 36:138c(a) (1st–3d Mar. 4, 1923, ch. 283, § 13, as of the appropriate foreign countries to enable
sentences). added May 20, 1988, Pub. the American Battle Monuments Commission to
L. 100–322, title III,
§ 345(a), 102 Stat. 540. carry out this chapter.
Page 43 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 2111
AND ORGANIZATIONS

(b) TRANSFER OF ADMINISTRATIVE DUTIES AND EX. ORD. NO. 10057. TRANSFER OF CERTAIN FUNCTIONS
POWERS AND SUPPLIES, MATERIAL, AND EQUIP- PERTAINING TO UNITED STATES MILITARY CEMETERIES
MENT TO COMMISSION.—(1) The President by exec- Ex. Ord. No. 10057, May 14, 1949, 14 F.R. 2585, as
utive order may transfer to the Commission— amended Ex. Ord. 10087, Dec. 3, 1949, 14 F.R. 7287, pro-
(A) the same administrative duties and pow- vided:
ers related to a permanent military cemetery By virtue of the authority vested in me by section 12
of the act of March 4, 1923, 42 Stat. 1509, as amended by
located outside the United States and the ter- the act of June 26, 1946, 60 Stat. 318 [now subsec. (b) of
ritories and possessions of the United States this section], and as President of the United States, it
that were transferred to the Commission by is hereby ordered as follows:
Executive Order 6614, February 26, 1934, and 1. All functions of administration pertaining to World
Executive Order 10057, May 14, 1949, as amend- War II United States Military Cemeteries located in or
ed by Executive Order 10087, December 3, 1949; near Cambridge, England; Margraten, the Netherlands;
and Hamm, Luxembourg; Henri-Chapelle, Belgium; Neuvil-
leen-Condroz, Belgium; St. Laurent, France; St. James,
(B) supplies, material, and equipment lo- France; Epinal, France; St. Avold, France; Draguignan,
cated in the permanent military cemetery or France; Nettuno (Anzio), Italy; Florence, Italy; Tunis
in a military depot overseas that— (Carthage), Tunisia; and Ft. McKinley, Philippine Is-
(i) the Department of Defense does not lands, now vested in or exercised by the Secretary of
need; and the Army pursuant to the act of May 16, 1946, c. 261, 60
(ii) the Commission requests to carry out Stat. 182, as amended by the act of August 5, 1947, c. 497,
the duties and powers specified in clause (A) 61 Stat. 779, together with (a) such supplies, equipment,
temporary structures, utilities and facilities pertaining
of this paragraph. thereto as are located therein or are in depots or other
(2) After a transfer under this subsection, the places overseas under the jurisdiction of the American
Commission shall maintain the cemetery and all Graves Registration Service and are determined by the
American Battle Monuments Commission to be re-
improvements in it.
quired for the discharge of its responsibilities under
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1276.) this order, and (b) the cemetery records currently
maintained for the operation of such cemeteries, in-
HISTORICAL AND REVISION NOTES cluding records pertinent to the acquisition of real es-
tate upon which the cemeteries and their appur-
Revised Source (U.S. Code) Source (Statutes at Large) tenances are situated, are hereby transferred to the
Section
American Battle Monuments Commission; such trans-
2111(a) ........ 36:127. Mar. 4, 1923, ch. 283, § 6, 42 fer to become effective as to any particular cemetery
Stat. 1509; June 26, 1946, or group of cemeteries upon the completion of the oper-
ch. 502, 60 Stat. 317.
2111(b) ........ 36:132. Mar. 4, 1923, ch. 283, § 10, 42 ational mission of the Department of the Army with re-
Stat. 1509; June 26, 1946, spect to such cemetery or group of cemeteries, but in
ch. 502, 60 Stat. 317; July no instance later than December 31, 1951, or at such
25, 1956, ch. 721, §§ 2(c), (d),
4(b), 70 Stat. 640, 641. earlier date as may be determined by the President or
the Congress pursuant to the said act of May 16, 1946,
In subsection (b)(1), the words ‘‘duties and powers’’ as amended by the act of August 5, 1947.
are substituted for ‘‘functions’’ for consistency in the 2. The Department of the Army shall have the right
revised title and with other titles of the United States to re-enter any of such cemeteries subsequent to the ef-
Code. fective date of the transfer of functions with respect
thereto for the purpose of making exhumations or re-
interments should any such action become necessary.
REFERENCES IN TEXT 3. There shall be transferred to the American Battle
Monuments Commission so much of the unexpended
Executive Order 6614, referred to in subsec. (b)(1)(A),
balances of appropriations now, or which may become,
is not classified to the Code.
available to the Department of the Army for the per-
Executive Order 10057, referred to in subsec. (b)(1)(A),
formance of the functions transferred by the provisions
is set out below.
of this order as the Director of the Bureau of the Budg-
et may deem necessary for use prior to July 1, 1950, in
EX. ORD. NO. 9873. ADMINISTRATION OF THE MEXICO CITY connection with such functions.
NATIONAL CEMETERY
EX. ORD. NO. 12115. PERMANENT AMERICAN CEMETERY IN
Ex. Ord. No. 9873, July 16, 1947, 12 F.R. 4777, provided: REPUBLIC OF PANAMA
By virtue of the authority vested in me by section 12 Ex. Ord. No. 12115, Jan. 19, 1979, 44 F.R. 4645, provided:
of the act of March 4, 1923, as amended by the act of By the authority vested in me as President by the
June 26, 1946, 60 Stat. 318 [now subsec. (b) of this sec- Constitution and the laws of the United States of
tion], and as President of the United States, it is here- America, including Section 10 of the Act of March 4,
by ordered as follows: 1923 (42 Stat. 1509), as amended (36 U.S.C. 132) [now sub-
1. All functions of administration pertaining to the sec. (b) of this section], and to implement the intent of
Mexico City National Cemetery, located in Mexico the United States Senate (124 Cong. Rec. S3857 of March
City, Calazada, Molchor, Ocampo 31, Mexico, DF, now 16, 1978) as set forth by Reservations (1) and (3) to the
vested in or exercised by the War Department, together Resolution of Ratification of the Treaty Concerning
with the field civilian personnel, records, supplies, the Permanent Neutrality and Operation of the Pan-
equipment, and property of every kind pertaining ama Canal, it is hereby ordered as follows:
thereto, are hereby transferred from the War Depart- 1–101. The Secretary of State shall take all appro-
ment to the American Battle Monuments Commission. priate steps to complete, prior to the date of entry into
2. The unexpended balances of appropriations or al- force of the Treaty Concerning the Permanent Neutral-
lotments of appropriations which are now, or may be- ity and Operation of the Panama Canal, hereinafter re-
come, available to the War Department for the per- ferred to as the Neutrality Treaty, the negotiations
formance of the functions transferred by this order which have begun with the Republic of Panama for an
shall be transferred to the American Battle Monuments agreement under which the United States of America
Commission to such extent as the Director of the Bu- would, upon the date of entry into force of such agree-
reau of the Budget may deem necessary. ment and thereafter, administer as a permanent Amer-
§ 2112 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 44
AND ORGANIZATIONS

ican cemetery such part of Corozal Cemetery as encom- 1–108. The Secretary of the Army shall supervise the
passes the remains of citizens of the United States of planned removal of the remains from Mount Hope Cem-
America. etery to Corozal Cemetery and shall ensure compliance
1–102. Subject to the conclusion of the agreement re- with the wishes of any next of kin who, within the time
ferred to in Section 1–101 of this Order, the American specified in clause B(i) to the Third Reservation to the
Battle Monuments Commission shall administer that Neutrality Treaty, objects to such removal.
part of Corozal Cemetery which encompasses the re- 1–109. As used in this Order:
mains of citizens of the United States of America, in (a) ‘‘Next of kin’’ means the person whom the Gov-
accordance with the terms of the agreement with the ernor of the Canal Zone determines to be the nearest
Republic of Panama. living relative, by consanguinity or affinity, of a person
1–103. The Governor of the Canal Zone shall, to the buried at Mount Hope Cemetery or Corozal Cemetery.
extent funds are available, disinter from Mount Hope (b) ‘‘Members of their immediate family’’ means the
Cemetery, before entry into force of the Neutrality spouse, children, mother or father of the deceased
Treaty, and reinter in Corozal Cemetery the remains of United States citizen.
United States citizens, and the remains of members of
JIMMY CARTER.
their immediate family that are buried with them. The
Governor shall not remove from Mount Hope Cemetery § 2112. Care and maintenance of Surrender Tree
the remains of any such person whose next of kin time-
site
ly requests in writing that such remains not be dis-
interred. The Governor shall transport to the United The American Battle Monuments Commission
States for reinterment the remains of any such person is responsible for the care and maintenance of
whose next of kin timely requests in writing that such
the Surrender Tree site in Santiago, Cuba.
remains be transported to the United States for re-
interment. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1276.)
1–104. The Secretary of Defense shall, to the extent
funds are available, disinter from Corozal Cemetery HISTORICAL AND REVISION NOTES
and transport to the United States for reinterment the
remains of United States citizens, and the remains of Revised
Section Source (U.S. Code) Source (Statutes at Large)
members of their immediate family buried with them,
whose next of kin requests in writing by April 1, 1982, 2112 ............ 36:123 note. Aug. 13, 1957, Pub. L. 85–125,
that such remains be transported to the United States 71 Stat. 344.
for reinterment.
1–105. Subject to the availability of funds, all the The last sentence of the Act of August 13, 1957 (Public
costs incurred in the disinterment, reinterment in Law 85–125, 71 Stat. 344), is omitted as obsolete.
Corozal Cemetery, and transportation of remains re-
quired by this Order, including the costs of preparation, § 2113. World War II memorial in the District of
cremation if requested, and a casket or urn, shall be Columbia
borne by the United States of America. The costs of re-
interment in the United States, including any costs for (a) SOLICITATION AND ACCEPTANCE OF CON-
funeral home services, vaults, plots, or crypts, will be TRIBUTIONS.—(1) Consistent with its authority
the responsibility of the next of kin making the re- under section 2103(e) of this title, the American
quest, except to the extent otherwise provided by law, Battle Monuments Commission shall solicit and
including any unused specific entitlements available accept contributions for the World War II me-
pursuant to statute. morial.
1–106. (a) The Governor of the Canal Zone shall iden-
(2) In this section, the term ‘‘World War II me-
tify, to the extent feasible, the closest surviving next of
kin of each deceased United States citizen buried in the morial’’ means the memorial authorized by Pub-
Mount Hope and Corozal Cemeteries, and of such next lic Law 103–32 (40 U.S.C. 8903 note) to be estab-
of kin of each member of the immediate family that is lished by the Commission on Federal land in the
buried with such United States citizen. District of Columbia or its environs to honor
(b) The Governor shall provide notice to the next of members of the Armed Forces who served in
kin of such deceased buried in Mount Hope Cemetery World War II and to commemorate the partici-
that the Government plans to remove the deceased to pation of the United States in that war.
Corozal Cemetery unless the next of kin requests in
writing, not later than three months after the first is-
(b) CREATION OF MEMORIAL FUND.—(1) There is
suance of such notification, either that the remains not hereby created in the Treasury a fund for the
be removed from Mount Hope Cemetery, or that the re- World War II memorial, which shall consist of
mains be moved to, and reinterred in, the United States the following:
in a cemetery or other burial site designated by the (A) Amounts deposited, and interest and pro-
next of kin. ceeds credited, under paragraph (2).
(c) The Governor shall also provide notice to the next (B) Obligations obtained under paragraph
of kin of such deceased who are buried in Corozal Ceme-
tery that the Government will disinter and transport
(3).
such deceased to the United States for reinterment in (C) The amount of surcharges paid to the
a cemetery or other burial site designated by the next Commission for the World War II memorial
of kin, if the next of kin so requests in writing not under the World War II 50th Anniversary Com-
later than April 1, 1982. memorative Coins Act (31 U.S.C. 5112 note).
(d) The Governor shall publish the notices provided (D) Amounts borrowed using the authority
for in subsections (b) and (c) of this Section in appro- provided under subsection (d).
priate newspapers, magazines and other periodicals,
(E) Any funds received by the Commission
and utilize such other means of communicating with
the next of kin that he finds to be practical and effec- under section 2114 of this title in exchange for
tive. use of, or the right to use, any mark, copy-
1–107. The Governor of the Canal Zone shall, before right or patent.
the entry into force of the Neutrality Treaty, fully ad-
vise the next of kin of all available options, and their (2) The Chairman of the Commission shall de-
implications, in those cases where a request has been posit in the fund the amounts accepted as con-
made that remains not be removed from Mount Hope tributions under subsection (a). The Secretary
Cemetery. of the Treasury shall credit to the fund the in-
Page 45 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 2113
AND ORGANIZATIONS

terest on, and the proceeds from sale or redemp- paragraph (1) shall be made from amounts in the
tion of, obligations held in the fund. fund. The Commission may not use for such pur-
(3) The Secretary of the Treasury shall invest pose any funds appropriated for any other ac-
any portion of the fund that, as determined by tivities of the Commission.
the Chairman, is not required to meet current (e) TREATMENT OF BORROWING AUTHORITY.—In
expenses. Each investment shall be made in an determining whether the Commission has suffi-
interest-bearing obligation of the United States cient funds to complete construction of the
or an obligation guaranteed as to principal and World War II memorial, as required by section
interest by the United States that, as deter- 8906 of title 40, the Secretary of the Interior
mined by the Chairman, has a maturity suitable shall consider the funds that the Commission
for the fund. may borrow from the Treasury under subsection
(c) USE OF FUND.—The fund shall be available (d) as funds available to complete construction
to the Commission— of the memorial, whether or not the Commission
(1) for the expenses of establishing the World has actually exercised the authority to borrow
War II memorial, including the maintenance such funds.
and preservation amount provided for in sec- (f) VOLUNTARY SERVICES.—(1) Notwithstanding
tion 8906(b) of title 40; section 1342 of title 31, the Commission may ac-
(2) for such other expenses, other than rou-
cept from any person voluntary services to be
tine maintenance, with respect to the World
provided in furtherance of the fund-raising ac-
War II memorial as the Commission considers
tivities of the Commission relating to the World
warranted; and
(3) to secure, obtain, register, enforce, pro- War II memorial.
tect, and license any mark, copyright, or pat- (2) A person providing voluntary services
ent that is owned by, assigned to, or licensed under this subsection shall be considered to be a
to the Commission under section 2114 of this Federal employee for purposes of chapter 81 of
title to aid or facilitate the construction of title 5, relating to compensation for work-relat-
the World War II memorial. ed injuries, and chapter 171 of title 28, relating
to tort claims. A volunteer who is not otherwise
(d) SPECIAL BORROWING AUTHORITY.—(1) To as- employed by the United States shall not be con-
sure that groundbreaking, construction, and sidered to be a Federal employee for any other
dedication of the World War II memorial are purpose by reason of the provision of such vol-
carried out on a timely basis, the Commission untary service, except that any volunteer given
may borrow money from the Treasury of the responsibility for the handling of funds or the
United States in such amounts as the Commis- carrying out of a Federal function is subject to
sion considers necessary, but not to exceed a the conflict of interest laws contained in chap-
total of $65,000,000. Borrowed amounts shall bear ter 11 of title 18 and the administrative stand-
interest at a rate determined by the Secretary ards of conduct contained in part 2635 of title 5
of the Treasury, taking into consideration the of the Code of Federal Regulations.
average market yield on outstanding market- (3) The Commission may provide for reim-
able obligations of the United States of com- bursement of incidental expenses that are in-
parable maturities during the month preceding curred by a person providing voluntary services
the month in which the obligations of the Com- under this subsection. The Commission shall de-
mission are issued. The interest payments on termine those expenses that are eligible for re-
such obligations may be deferred with the ap- imbursement under this paragraph.
proval of the Secretary, but any interest pay- (4) Nothing in this subsection shall be con-
ment so deferred shall also bear interest. strued to require any Federal employee to work
(2) The borrowing of money by the Commis- without compensation or to allow the use of vol-
sion under paragraph (1) shall be subject to such unteer services to displace or replace any Fed-
maturities, terms, and conditions as may be eral employee.
agreed upon by the Commission and the Sec- (g) TREATMENT OF CERTAIN CONTRACTS.—A
retary, except that the maturities may not ex- contract entered into by the Commission for the
ceed 20 years and such borrowings may be re- design or construction of the World War II me-
deemable at the option of the Commission be- morial is not a funding agreement as that term
fore maturity. is defined in section 201 of title 35.
(3) The obligations of the Commission shall be
(h) EXTENSION OF AUTHORITY TO ESTABLISH
issued in amounts and at prices approved by the
MEMORIAL.—Notwithstanding section 8903(e) of
Secretary. The authority of the Commission to
title 40, the authority for the construction of
issue obligations under this subsection shall re-
the World War II memorial provided by Public
main available without fiscal year limitation.
Law 103–32 (40 U.S.C. 8903 note) expires on De-
The Secretary of the Treasury shall purchase
cember 31, 2005.
any obligations of the Commission to be issued
under this subsection, and for such purpose the (Added Pub. L. 106–117, title VI, § 601(a)(1), Nov.
Secretary of the Treasury may use as a public 30, 1999, 113 Stat. 1576; amended Pub. L. 108–178,
debt transaction of the United States the pro- § 4(h), Dec. 15, 2003, 117 Stat. 2641.)
ceeds from the sale of any securities issued
under chapter 31 of title 31. The purposes for REFERENCES IN TEXT
which securities may be issued under such chap- The World War II 50th Anniversary Commemorative
ter are extended to include any purchase of the Coins Act, referred to in subsec. (b)(1)(C) is Pub. L.
Commission’s obligations under this subsection. 102–414, Oct. 14, 1992, 106 Stat. 2106, which is classified
(4) Repayment of the interest and principal on as a note under section 5112 of Title 31, Money and Fi-
any funds borrowed by the Commission under nance.
§ 2114 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 46
AND ORGANIZATIONS

AMENDMENTS CHAPTER 23—UNITED STATES HOLOCAUST


2003—Subsec. (a)(2). Pub. L. 108–178, § 4(h)(1), sub- MEMORIAL MUSEUM
stituted ‘‘(40 U.S.C. 8903 note)’’ for ‘‘(40 U.S.C. 1003 Sec.
note)’’. 2301. Establishment of the United States Holocaust
Subsec. (c)(1). Pub. L. 108–178, § 4(h)(2), substituted Memorial Museum; functions.
‘‘section 8906(b) of title 40’’ for ‘‘section 8(b) of the Com- 2302. Functions of the Council; membership.
memorative Works Act (40 U.S.C. 1008(b))’’. 2303. Compensation; travel expenses; full-time offi-
Subsec. (e). Pub. L. 108–178, § 4(h)(3), substituted ‘‘sec- cers or employees of United States or Mem-
tion 8906 of title 40’’ for ‘‘section 8 of the Commemora- bers of Congress.
tive Works Act (40 U.S.C. 1008)’’. 2304. Administrative provisions.
Subsec. (h). Pub. L. 108–178, § 4(h)(4), substituted ‘‘sec- 2305. Staff.
tion 8903(e) of title 40’’ for ‘‘section 10 of the Commemo- 2306. Insurance for Museum.
rative Works Act (40 U.S.C. 1010)’’ and ‘‘(40 U.S.C. 8903 2307. Gifts, bequests, and devises of property; tax
note)’’ for ‘‘(40 U.S.C. 1003 note)’’. treatment.
2308. Annual report.
EFFECTIVE DATE OF 2003 AMENDMENT 2309. Audit of financial transactions.
2310. Authorization of appropriations.
Amendment by Pub. L. 108–178 effective Aug. 21, 2002,
see section 5 of Pub. L. 108–178, set out as a note under PRIOR PROVISIONS
section 5334 of Title 5, Government Organization and A prior chapter 23, consisting of sections 2301 to 2309,
Employees. related to the United States Holocaust Memorial Coun-
cil, prior to the general amendment of this chapter by
EFFECT OF REPEAL OF CURRENT MEMORIAL FUND Pub. L. 106–292, § 1.
Pub. L. 106–117, title VI, § 601(c), Nov. 30, 1999, 113 AMENDMENTS
Stat. 1578, provided that: ‘‘Upon the enactment of this
Act [Nov. 30, 1999], the Secretary of the Treasury shall 2006—Pub. L. 109–284, § 5(3), Sept. 27, 2006, 120 Stat.
transfer amounts in the fund created by section 4(a) of 1211, substituted ‘‘Museum’’ for ‘‘museum’’ in item 2306.
Public Law 103–32 (40 U.S.C. 1003 note) [now 40 U.S.C.
§ 2301. Establishment of the United States Holo-
8903 note] to the fund created by section 2113(b) of title
36, United States Code, as added by subsection (a).’’ caust Memorial Museum; functions
The United States Holocaust Memorial Mu-
§ 2114. Intellectual property and related items seum (hereafter in this chapter referred to as
(a) AUTHORITY TO USE AND REGISTER INTELLEC- the ‘‘Museum’’) is an independent establishment
TUAL PROPERTY.—The American Battle Monu- of the United States Government. The Museum
ments Commission may— shall—
(1) provide for appropriate ways for the Na-
(1) adopt, use, register, and license trade-
tion to commemorate the Days of Remem-
marks, service marks, and other marks;
brance, as an annual, national, civic com-
(2) obtain, use, register, and license the use
memoration of the Holocaust, and encourage
of copyrights consistent with section 105 of
and sponsor appropriate observances of such
title 17;
Days of Remembrance throughout the United
(3) obtain, use, and license patents; and
States;
(4) accept gifts of marks, copyrights, pat-
(2) operate and maintain a permanent living
ents, and licenses for use by the Commission.
memorial museum to the victims of the Holo-
(b) AUTHORITY TO GRANT LICENSES.—The Com- caust, in cooperation with the Secretary of
mission may grant exclusive and nonexclusive the Interior and other Federal agencies as pro-
licenses in connection with any mark, copy- vided in section 2306 1 of this title; and
right, patent, or license for the use of such (3) carry out the recommendations of the
mark, copyright or patent, except to the extent President’s Commission on the Holocaust in
the grant of such license by the Commission its report to the President of September 27,
would be contrary to any contract or license by 1979, to the extent such recommendations are
which the use of the mark, copyright, or patent not otherwise provided for in this chapter.
was obtained. (Added Pub. L. 106–292, § 1, Oct. 12, 2000, 114 Stat.
(c) ENFORCEMENT AUTHORITY.—The Commis- 1030; amended Pub. L. 109–284, § 5(4), Sept. 27,
sion may enforce any mark, copyright, or patent 2006, 120 Stat. 1211.)
by an action in the district courts under any law
providing for the protection of such marks, PRIOR PROVISIONS
copyrights, or patents. A prior section 2301, Pub. L. 105–225, Aug. 12, 1998, 112
(d) LEGAL REPRESENTATION.—The Attorney Stat. 1277, related to the establishment and purposes of
General shall furnish the Commission with such the Holocaust Memorial Council, prior to the general
legal representation as the Commission may re- amendment of this chapter by Pub. L. 106–292.
quire under subsection (c). The Secretary of De- AMENDMENTS
fense shall provide representation for the Com- 2006—Pub. L. 109–284 substituted ‘‘United States Gov-
mission in administrative proceedings before the ernment’’ for ‘‘United State Government’’ in introduc-
Patent and Trademark Office and Copyright Of- tory provisions.
fice.
TRANSFER OF AUDITORS WEST BUILDING (ANNEX 3);
(e) IRREVOCABILITY OF TRANSFERS OF COPY- RESPONSIBILITY FOR REPAIRS AND ALTERATIONS
RIGHTS TO COMMISSION.—Section 203 of title 17
shall not apply to any copyright transferred in Pub. L. 101–45, title II, June 30, 1989, 103 Stat. 125, pro-
vided that:
any manner to the Commission.
(Added Pub. L. 106–117, title VI, § 603(a), Nov. 30, 1 So in original. Section 2306 of this title does not relate to co-

1999, 113 Stat. 1579.) operation with the Secretary or other Federal agencies.
Page 47 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 2303
AND ORGANIZATIONS

‘‘Notwithstanding any other provision of law, the Ad- tempore of the United States Senate, may
ministrator of General Services (Administrator) shall serve after the expiration of his term until his
transfer to the administrative jurisdiction of the Holo- successor has taken office.
caust Memorial Council (Council), without consider-
ation, the Auditors West Building (Annex 3) located at (d) CHAIRPERSON AND VICE CHAIRPERSON; TERM
Raoul Wallenberg Place and Independence Avenue OF OFFICE.—The Chairperson and Vice Chair-
Southwest, Washington, District of Columbia. person of the Council shall be appointed by the
‘‘Prior to such transfer of jurisdiction to the Council, President from among the members of the Coun-
the Council shall agree to perform all necessary repairs
and alterations to the Auditors West Building so as to
cil and such Chairperson and Vice Chairperson
renovate the exterior of the Auditors West Building in shall each serve for terms of 5 years.
a manner consistent with preservation of the historic (e) REAPPOINTMENT.—Members whose terms
architecture of the building, and to preserve the struc- expire may be reappointed, and the Chairperson
tural integrity of the building. The Council, prior to and Vice Chairperson may be reappointed to
such transfer, shall furnish to the Administrator, for those offices.
his approval, a plan detailing the repairs and alter- (f) BYLAWS.—The Council shall adopt bylaws
ations proposed, dates for completion of the work, and to carry out its functions under this chapter.
funding availability. The Chairperson may waive a bylaw when the
‘‘In the event the Council ceases to exist, administra-
tive jurisdiction of the Auditors West Building (Annex Chairperson decides that waiver is in the best
3) shall revert to the General Services Administra- interest of the Council. Immediately after waiv-
tion.’’ ing a bylaw, the Chairperson shall send written
notice of the waiver to every voting member of
§ 2302. Functions of the Council; membership the Council. The waiver becomes final 30 days
(a) IN GENERAL.—The United States Holocaust after the notice is sent unless a majority of
Memorial Council (hereafter in this chapter re- Council members disagree in writing before the
ferred to as the ‘‘Council’’) shall be the board of end of the 30-day period.
trustees of the Museum and shall have overall (g) QUORUM.—One-third of the members of the
governance responsibility for the Museum, in- Council shall constitute a quorum, and any va-
cluding policy guidance and strategic direction, cancy in the Council shall not affect its powers
general oversight of Museum operations, and fi- to function.
duciary responsibility. The Council shall estab- (h) ASSOCIATED COMMITTEES.—Subject to ap-
lish an Executive Committee which shall exer- pointment by the Chairperson, an individual
cise ongoing governance responsibility when the who is not a member of the Council may be des-
Council is not in session. ignated as a member of a committee associated
(b) COMPOSITION OF COUNCIL; APPOINTMENT; VA- with the Council. Such an individual shall serve
CANCIES.—The Council shall consist of 65 voting without cost to the Federal Government.
members appointed (except as otherwise pro- (Added Pub. L. 106–292, § 1, Oct. 12, 2000, 114 Stat.
vided in this section) by the President and the 1031.)
following ex officio nonvoting members:
PRIOR PROVISIONS
(1) One appointed by the Secretary of the In-
terior. A prior section 2302, Pub. L. 105–225, Aug. 12, 1998, 112
(2) One appointed by the Secretary of State. Stat. 1277, related to the membership of the Holocaust
(3) One appointed by the Secretary of Edu- Memorial Council, prior to the general amendment of
cation. this chapter by Pub. L. 106–292.

Of the 65 voting members, five shall be ap- § 2303. Compensation; travel expenses; full-time
pointed by the Speaker of the United States officers or employees of United States or
House of Representatives from among Members Members of Congress
of the United States House of Representatives (a) IN GENERAL.—Except as provided in sub-
and five shall be appointed by the President pro section (b) of this section, members of the Coun-
tempore of the United States Senate upon the cil are each authorized to be paid the daily
recommendation of the majority and minority equivalent of the annual rate of basic pay in ef-
leaders from among Members of the United fect for positions at level IV of the Executive
States Senate. Any vacancy in the Council shall Schedule under section 5315 of title 5, for each
be filled in the same manner as the original ap- day (including travel time) during which they
pointment was made. are engaged in the actual performance of duties
(c) TERM OF OFFICE.—
of the Council. While away from their homes or
(1) Except as otherwise provided in this sub-
regular places of business in the performance of
section, Council members shall serve for 5-
services for the Council, members of the Council
year terms.
(2) The terms of the five Members of the shall be allowed travel expenses, including per
United States House of Representatives and diem in lieu of subsistence, in the same manner
the five Members of the United States Senate as persons employed intermittently in Govern-
appointed during any term of Congress shall ment service are allowed expenses under section
expire at the end of such term of Congress. 5703 of title 5.
(3) Any member appointed to fill a vacancy (b) EXCEPTION.—Members of the Council who
occurring before the expiration of the term for are full-time officers or employees of the United
which his predecessor was appointed shall be States or Members of Congress shall receive no
appointed only for the remainder of such term. additional pay by reason of their service on the
A member, other than a Member of Congress Council.
appointed by the Speaker of the United States (Added Pub. L. 106–292, § 1, Oct. 12, 2000, 114 Stat.
House of Representatives or the President pro 1032.)
§ 2304 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 48
AND ORGANIZATIONS

PRIOR PROVISIONS Schedule under section 5315 of title 5) of up to


A prior section 2303, Pub. L. 105–225, Aug. 12, 1998, 112 three employees notwithstanding any other
Stat. 1278, related to the Executive Director of the Hol- provision of law; and
ocaust Memorial Council, prior to the general amend- (3) implement the decisions and strategic
ment of this chapter by Pub. L. 106–292. plan for the Museum, as approved by the Coun-
cil, and perform such other functions as may
§ 2304. Administrative provisions be assigned from time-to-time by the Council,
(a) EXPERTS AND CONSULTANTS.—The Museum the Executive Committee of the Council, or
may obtain the services of experts and consult- the Chairperson of the Council, consistent
ants in accordance with the provisions of sec- with this legislation.
tion 3109 of title 5, at rates not to exceed the (Added Pub. L. 106–292, § 1, Oct. 12, 2000, 114 Stat.
daily equivalent of the annual rate of basic pay 1032.)
in effect for positions at level IV of the Execu-
PRIOR PROVISIONS
tive Schedule under section 5315 of title 5.
(b) AUTHORITY TO CONTRACT.—The Museum A prior section 2305, Pub. L. 105–225, Aug. 12, 1998, 112
may, in accordance with applicable law, enter Stat. 1278, related to the establishment of the memorial
museum, prior to the general amendment of this chap-
into contracts and other arrangements with ter by Pub. L. 106–292.
public agencies and with private organizations
and persons and may make such payments as § 2306. Insurance for Museum
may be necessary to carry out its functions
The Museum shall maintain insurance on the
under this chapter.
memorial museum to cover such risks, in such
(c) ASSISTANCE FROM OTHER FEDERAL DEPART-
amount, and containing such terms and condi-
MENTS AND AGENCIES.—The Secretary of the
tions as the Museum deems necessary.
Smithsonian Institution, the Library of Con-
gress, and the heads of all executive branch de- (Added Pub. L. 106–292, § 1, Oct. 12, 2000, 114 Stat.
partments, agencies, and establishments of the 1033.)
United States may assist the Museum in the PRIOR PROVISIONS
performance of its functions under this chapter.
A prior section 2306, Pub. L. 105–225, Aug. 12, 1998, 112
(d) ADMINISTRATIVE SERVICES AND SUPPORT.—
Stat. 1279, related to audits of the Holocaust Memorial
The Secretary of the Interior may provide ad- Council, prior to the general amendment of this chap-
ministrative services and support to the Mu- ter by Pub. L. 106–292.
seum on a reimbursable basis.
§ 2307. Gifts, bequests, and devises of property;
(Added Pub. L. 106–292, § 1, Oct. 12, 2000, 114 Stat. tax treatment
1032.)
The Museum may solicit, and the Museum
PRIOR PROVISIONS may accept, hold, administer, invest, and use
A prior section 2304, Pub. L. 105–225, Aug. 12, 1998, 112 gifts, bequests, and devises of property, both
Stat. 1278, related to gifts, bequests, and devises of real and personal, and all revenues received or
property to the Holocaust Memorial Council, prior to generated by the Museum to aid or facilitate the
the general amendment of this chapter by Pub. L. operation and maintenance of the memorial mu-
106–292.
seum. Property may be accepted pursuant to
§ 2305. Staff this section, and the property and the proceeds
thereof used as nearly as possible in accordance
(a) ESTABLISHMENT OF THE MUSEUM DIRECTOR with the terms of the gift, bequest, or devise do-
AS CHIEF EXECUTIVE OFFICER.—There shall be a nating such property. Funds donated to and ac-
director of the Museum (hereafter in this chap- cepted by the Museum pursuant to this section
ter referred to as the ‘‘Director’’) who shall or otherwise received or generated by the Mu-
serve as chief executive officer of the Museum seum are not to be regarded as appropriated
and exercise day-to-day authority for the Mu- funds and are not subject to any requirements or
seum. The Director shall be appointed by the restrictions applicable to appropriated funds.
Chairperson of the Council, subject to confirma- For the purposes of Federal income, estate, and
tion of the Council. The Director may be paid gift taxes, property accepted under this section
with nonappropriated funds, and, if paid with ap- shall be considered as a gift, bequest, or devise
propriated funds shall be paid the rate of basic to the United States.
pay for positions at level IV of the Executive
Schedule under section 5315 of title 5. The Direc- (Added Pub. L. 106–292, § 1, Oct. 12, 2000, 114 Stat.
tor shall report to the Council and its Executive 1033.)
Committee through the Chairperson. The Direc- PRIOR PROVISIONS
tor shall serve at the pleasure of the Council. A prior section 2307, Pub. L. 105–225, Aug. 12, 1998, 112
(b) APPOINTMENT OF EMPLOYEES.—The Director Stat. 1279, provided for administrative provisions, prior
shall have authority to— to the general amendment of this chapter by Pub. L.
(1) appoint employees in the competitive 106–292.
service subject to the provisions of chapter 51
§ 2308. Annual report
and subchapter III of chapter 53 of title 5, re-
lating to classification and general schedule The Director shall transmit to Congress an an-
pay rates; nual report on the Director’s stewardship of the
(2) appoint and fix the compensation (at a authority to operate and maintain the memorial
rate not to exceed the rate of basic pay in ef- museum. Such report shall include the follow-
fect for positions at level IV of the Executive ing:
Page 49 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 2502
AND ORGANIZATIONS

(1) An accounting of all financial trans- (1) notwithstanding section 1342 of title 31,
actions involving donated funds. may accept voluntary and uncompensated
(2) A description of the extent to which the services; and
objectives of this chapter are being met.
(3) An examination of future major endeav- (2) may solicit, accept, use, and dispose of
ors, initiatives, programs, or activities that any money or property the Committee re-
the Museum proposes to undertake to better ceives.
fulfill the objectives of this chapter.
(4) An examination of the Federal role in the (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1280; Pub.
funding of the Museum and its activities, and L. 105–354, § 1(3), Nov. 3, 1998, 112 Stat. 3239.)
any changes that may be warranted.
HISTORICAL AND REVISION NOTES
(Added Pub. L. 106–292, § 1, Oct. 12, 2000, 114 Stat. PUB. L. 105–225
1033.)
Revised Source (U.S. Code) Source (Statutes at Large)
PRIOR PROVISIONS Section
A prior section 2308, Pub. L. 105–225, Aug. 12, 1998, 112 2501 ............ 36:155b. July 11, 1949, ch. 302, § 2, as
Stat. 1280, required the Executive Director to submit added Nov. 7, 1988, Pub. L.
an annual report to Congress, prior to the general 100–630, title III, § 301(b)(3),
102 Stat. 3316.
amendment of this chapter by Pub. L. 106–292.

§ 2309. Audit of financial transactions In clause (2), the words ‘‘in the name of the Commit-
Financial transactions of the Museum, includ- tee’’, ‘‘in furtherance of this resolution’’, ‘‘real, per-
ing those involving donated funds, shall be au- sonal, or mixed, tangible or nontangible’’, and ‘‘by gift,
devise, bequest, or otherwise’’ are omitted as unneces-
dited by the Comptroller General as requested
sary.
by Congress, in accordance with generally ac-
cepted auditing standards. In conducting any
audit pursuant to this section, appropriate rep- PUB. L. 105–354
resentatives of the Comptroller General shall
This amends section 2501(2) of title 36 to reflect a
have access to all books, accounts, financial
change made by section 413 of the Workforce Invest-
records, reports, files and other papers, items or
ment Act of 1998 (Public Law 105–220, Aug. 7, 1998, 112
property in use by the Museum, as necessary to
Stat. 1241).
facilitate such audit, and such representatives
shall be afforded full facilities for verifying
transactions with the balances. AMENDMENTS

(Added Pub. L. 106–292, § 1, Oct. 12, 2000, 114 Stat. 1998—Par. (2). Pub. L. 105–354 inserted ‘‘solicit,’’ be-
1034.) fore ‘‘accept,’’.
PRIOR PROVISIONS
A prior section 2309, Pub. L. 105–225, Aug. 12, 1998, 112 § 2502. Authorization of appropriations
Stat. 1280, related to authorization of appropriations,
prior to the general amendment of this chapter by Pub. (a) GENERAL.—Amounts necessary for the
L. 106–292. work of the President’s Committee on Employ-
§ 2310. Authorization of appropriations ment of People With Disabilities are authorized
to be appropriated for the fiscal year ending
To carry out the purposes of this chapter, September 30, 1997, to be expended in the man-
there are authorized to be appropriated such
ner and by agencies the President may direct.
sums as may be necessary. Notwithstanding any
other provision of law, none of the funds author- (b) USES.—Amounts appropriated under this
ized to carry out this chapter may be made section are to be used to carry out the purposes
available for construction. Authority to enter of the National Disability Employment Aware-
into contracts and to make payments under this ness Month and to enable the President to pro-
chapter, using funds authorized to be appro- vide the Committee with adequate personnel to
priated under this chapter, shall be effective assist in its activities, and otherwise to provide
only to the extent, and in such amounts, as pro- the Committee with the means of carrying out a
vided in advance in appropriations Acts.
program to promote the employment of individ-
(Added Pub. L. 106–292, § 1, Oct. 12, 2000, 114 Stat. uals with disabilities, by—
1034.)
(1) creating interest throughout the United
CHAPTER 25—PRESIDENT’S COMMITTEE ON States in the rehabilitation and employment
EMPLOYMENT OF PEOPLE WITH DISABIL- of such individuals; and
ITIES
(2) obtaining and maintaining cooperation
Sec. from all public and private groups in the field.
2501. Acceptance of voluntary services and money
or property. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1280.)
2502. Authorization of appropriations.

§ 2501. Acceptance of voluntary services and


money or property
The President’s Committee on Employment of
People With Disabilities—
§ 2502 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 50
AND ORGANIZATIONS

HISTORICAL AND REVISION NOTES Chapter Sec.


501. Daughters of Union Veterans of the
Revised Civil War 1861–1865 ........................ 50101
Section Source (U.S. Code) Source (Statutes at Large)
503. Disabled American Veterans ............ 50301
2502 ............ 36:155a. July 11, 1949, ch. 302, § 1, 63 601. 82nd Airborne Division Associa-
Stat. 409; Aug. 3, 1954, ch.
655, § 5, 68 Stat. 665; Sept. tion, Incorporated ........................... 60101
13, 1960, Pub. L. 86–772, 74 701. Fleet Reserve Association ................. 70101
Stat. 913; June 24, 1964,
Pub. L. 88–321, 78 Stat. 221; 703. Former Members of Congress .......... 70301
Nov. 8, 1965, Pub. L. 89–333, 705. The Foundation of the Federal Bar
§ 14, 79 Stat. 1294; July 7,
1968, Pub. L. 90–391, § 14, 82 Association ........................................ 70501
Stat. 306; Oct. 21, 1986, 707. Frederick Douglass Memorial and
Pub. L. 99–506, title IX,
§ 902, 100 Stat. 1841; Nov. 7, Historical Association .................... 70701
1988, Pub. L. 100–630, title 709. Future Farmers of America .............. 70901
III, § 301(b)(1), (2), 102 Stat.
3316; June 6, 1991, Pub. L. 801. General Federation of Women’s
102–52, § 9(b), 105 Stat. 263; Clubs ................................................... 80101
Oct. 29, 1992, Pub. L.
102–569, title IX, § 914, 106 803. Girl Scouts of the United States of
Stat. 4488. America .............................................. 80301
805. Gold Star Wives of America ............. 80501
In subsection (a), authorizations of appropriations for
fiscal years 1993–1996 are omitted as obsolete.
901. [Reserved] ............................................. 90101
1001. Italian American War Veterans of
the United States ............................. 100101
Subtitle II—Patriotic and National 1101. Jewish War Veterans of the United
Organizations States of America, Incorporated .. 110101
PART A—GENERAL 1103. Jewish War Veterans, U.S.A., Na-
tional Memorial, Incorporated ..... 110301
Chapter Sec.
1201. [Reserved] ............................................. 120101
101. General .................................................. 10101
1301. Ladies of the Grand Army of the
PART B—ORGANIZATIONS Republic ............................................. 130101
201. Agricultural Hall of Fame ................. 20101 1303. Legion of Valor of the United
202. Air Force Sergeants Association ..... 20201 States of America, Incorporated .. 130301
203. American Academy of Arts and 1305. Little League Baseball, Incor-
Letters ................................................ 20301 porated ............................................... 130501
205. American Chemical Society ............. 20501 1401. Marine Corps League ......................... 140101
207. American Council of Learned Soci- 1403. The Military Chaplains Association
eties ..................................................... 20701 of the United States of America .. 140301
209. American Ex-Prisoners of War ........ 20901 1405. Military Order of the Purple Heart
210. American GI Forum of the United of the United States of America,
States .................................................. 21001 Incorporated ..................................... 140501
211. American Gold Star Mothers, In- 1407. Military Order of the World Wars ... 140701
corporated ......................................... 21101 1501. National Academy of Public Ad-
213. American Historical Association ..... 21301 ministration ...................................... 150101
215. American Hospital of Paris .............. 21501 1503. National Academy of Sciences ......... 150301
217. The American Legion ......................... 21701 1505. National Conference of State Soci-
219. The American National Theater eties, Washington, District of Co-
and Academy .................................... 21901 lumbia ................................................. 150501
221. The American Society of Inter- 1507. National Conference on Citizen-
national Law ..................................... 22101 ship ...................................................... 150701
223. American Symphony Orchestra
1509. National Council on Radiation Pro-
League ................................................ 22301
tection and Measurements ............ 150901
225. American War Mothers ...................... 22501
1511. National Education Association of
227. AMVETS (American Veterans) ......... 22701
229. Army and Navy Union of the the United States ............................. 151101
United States of America ............... 22901 1513. National Fallen Firefighters Foun-
231. Aviation Hall of Fame ........................ 23101 dation .................................................. 151301
301. Big Brothers—Big Sisters of Amer- 1515. National Federation of Music
ica ........................................................ 30101 Clubs ................................................... 151501
303. Blinded Veterans Association .......... 30301 1517. National Film Preservation Foun-
305. Blue Star Mothers of America, Inc. 30501 dation .................................................. 151701
307. Board For Fundamental Education 30701 1519. National Fund for Medical Edu-
309. Boy Scouts of America ....................... 30901 cation .................................................. 151901
311. Boys & Girls Clubs of America ........ 31101 1521. National Mining Hall of Fame and
401. Catholic War Veterans of the Museum .............................................. 152101
United States of America, Incor- 1523. National Music Council ..................... 152301
porated ............................................... 40101 1524. National Recording Preservation
403. Civil Air Patrol .................................... 40301 Foundation ........................................ 152401
405. Congressional Medal of Honor So- 1525. National Safety Council .................... 152501
ciety of the United States of 1526. Help America Vote Foundation ....... 152601
America .............................................. 40501 1527. National Ski Patrol System, Incor-
407. Corporation for the Promotion of porated ............................................... 152701
Rifle Practice and Firearms Safe- 1529. National Society, Daughters of the
ty .......................................................... 40701 American Colonists ......................... 152901
Page 51 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 10101
AND ORGANIZATIONS

Chapter Sec. § 10101. Audits


1531. The National Society of the Daugh-
ters of the American Revolution 153101 (a) GENERAL.—Except as otherwise provided,
1533. National Society of the Sons of the the financial statements of each corporation in
American Revolution ...................... 153301 part B of this subtitle shall be audited annually
1535. National Tropical Botanical Gar-
in accordance with generally accepted auditing
den ....................................................... 153501
1537. National Woman’s Relief Corps, standards by an independent certified public ac-
Auxiliary to the Grand Army of countant or independent licensed public ac-
the Republic ...................................... 153701 countant, certified or licensed by a regulatory
1539. The National Yoemen F ..................... 153901 authority of a State or other political subdivi-
1541. Naval Sea Cadet Corps ...................... 154101 sion of the United States. The audit shall be
1543. Navy Club of the United States of conducted where the financial statements of the
America .............................................. 154301 corporation normally are kept. The person con-
1545. Navy Wives Clubs of America .......... 154501 ducting the audit shall be given access to—
1547. Non Commissioned Officers Asso-
ciation of the United States of (1) all records and property owned or used by
America, Incorporated ................... 154701 the corporation necessary to facilitate the
1601. [Reserved] ............................................. 160101 audit; and
1701. Paralyzed Veterans of America ....... 170101 (2) full facilities for verifying transactions
1703. Pearl Harbor Survivors Associa- with the balances or securities held by deposi-
tion ...................................................... 170301 tories, fiscal agents, and custodians.
1705. Polish Legion of American Veter-
ans, U.S.A. .......................................... 170501 (b) REPORT.—(1) The corporation shall submit
1801. [Reserved] ............................................. 180101 a report of the audit to Congress not later than
1901. Reserve Officers Association of the
6 months after the close of the fiscal year for
United States .................................... 190101
1903. Retired Enlisted Association, In- which the audit is made. The report shall de-
corporated ......................................... 190301 scribe the scope of the audit and include—
2001. Society of American Florists and (A) statements necessary to present fairly
Ornamental Horticulturists .......... 200101 the corporation’s assets, liabilities, and sur-
2003. Sons of Union Veterans of the Civil plus or deficit, and an analysis of the changes
War ...................................................... 200301 in those amounts during the year;
2101. Theodore Roosevelt Association ..... 210101
2103. 369th Veterans’ Association .............. 210301 (B) a statement in reasonable detail of the
2201. United Service Organizations, In- corporation’s income and expenses during the
corporated ......................................... 220101 year including the results of any trading, man-
2203. United States Capitol Historical ufacturing, publishing, or other commercial-
Society ................................................ 220301 type endeavor; and
2205. United States Olympic Committee 220501 (C) the independent auditor’s opinion of
2207. United States Submarine Veterans
those statements.
of World War II ................................ 220701
2301. Veterans of Foreign Wars of the (2) The report may not be printed as a public
United States .................................... 230101 document, except as part of proceedings author-
2303. Veterans of World War I of the
ized to be printed under section 1332 of title 44.
United States of America, Incor-
porated ............................................... 230301 (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1283.)
2305. Vietnam Veterans of America, Inc. 230501
2401. Women’s Army Corps Veterans’ As- HISTORICAL AND REVISION NOTES
sociation ............................................. 240101
2501. [Reserved] ............................................. 250101 Revised
Section Source (U.S. Code) Source (Statutes at Large)
2601. [Reserved] ............................................. 260101
2701. [Reserved] ............................................. 270101 10101(a) ...... 36:1084 (less (b) (2d July 16, 1964, Pub. L. 88–378,
sentence cl. (2))). § 14 (less (b) (2d sentence
AMENDMENTS cl. (2))), 78 Stat. 327.

2002—Pub. L. 107–252, title VI, § 601(b), Oct. 29, 2002, 116


Stat. 1721, added item for chapter 1526.
Pub. L. 107–241, § 1(a)(2)(B), Oct. 16, 2002, 116 Stat. 1496,
substituted ‘‘AMVETS (American Veterans)’’ for
‘‘AMVETS (American Veterans of World War II, Korea,
and Vietnam)’’ in item for chapter 227.
2000—Pub. L. 106–474, title II, § 201(b), Nov. 9, 2000, 114
Stat. 2095, added item for chapter 1524.
1998—Pub. L. 105–354, § 1(4)(B), (5)(B), Nov. 3, 1998, 112
Stat. 3241, 3244, added items for chapters 202 and 210.

PART A—GENERAL
CHAPTER 101—GENERAL
Sec.
10101. Audits.
10102. Reservation of right to amend or repeal.
§ 10101 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 52
AND ORGANIZATIONS

HISTORICAL AND REVISION NOTES—Continued 4610 (less (b) (2d sentence cl. (2))) is omitted as unneces-
sary because of the restatement in this section of the
Revised Source (U.S. Code) Source (Statutes at Large) general audit provisions of 36:1102 and 1103.
Section
In subsection (a), before clause (1), the words ‘‘Except
36:1101(1)–(76), (77) Aug. 30, 1964, Pub. L. 88–504, as otherwise provided’’ are added because certain cor-
(related to Fleet § 1(1)–(76), (77) (related to porations referred to in part B of subtitle II of the re-
Reserve Associa- Fleet Reserve Associa-
tion). tion), 78 Stat. 635; Dec. 15, vised title are not covered by the audit requirements
1975, Pub. L. 94–151, § 2, 89 restated in the revised section. The words ‘‘at the place
Stat. 809; Nov. 11, 1977, or places’’ and ‘‘or persons’’ are omitted as unneces-
Pub. L. 95–167, § 2, 91 Stat.
1348; Dec. 29, 1979, Pub. L. sary. The words ‘‘financial statements’’ are substituted
96–165, § 9(g), 93 Stat. 1272; for ‘‘accounts’’ to use the generally accepted term for
Dec. 2, 1980, Pub. L. 96–489, audits conducted by public accountants. The words
§ 11, 94 Stat. 2554; Dec. 4,
1980, Pub. L. 96–497, § 11, 94 ‘‘shall be given access to’’ are substituted for ‘‘shall be
Stat. 2596; Nov. 20, 1981, made available to’’ and ‘‘shall be afforded to’’ for con-
Pub. L. 97–82, § 11, 95 Stat. sistency. In clause (1), the words ‘‘records and property
1093; Nov. 20, 1981, Pub. L.
97–83, § 11, 95 Stat. 1095; owned or used by’’ are substituted for ‘‘books, ac-
June 1, 1982, Pub. L. counts, financial records, reports, files, and all other
97–192, § 11, 96 Stat. 110; papers, things, or property belonging to or in use by’’
Aug. 9, 1982, Pub. L.
97–231, § 11, 96 Stat. 257; for consistency in the revised title and with other titles
Aug. 10, 1982, Pub. L. of the United States Code and to eliminate unnecessary
97–234, § 11, 96 Stat. 263; words.
Jan. 8, 1983, Pub. L. 97–427,
§ 11, 96 Stat. 2266; Apr. 10, In subsection (b)(1)(B), the words ‘‘supplemented . . .
1984, Pub. L. 98–257, § 11, 98 by’’ and ‘‘carried on by the corporation’’ are omitted as
Stat. 128; June 12, 1984, unnecessary.
Pub. L. 98–314, § 11, 98
Stat. 239; July 23, 1984, TERMINATION OF REPORTING REQUIREMENTS
Pub. L. 98–372, § 11, 98
Stat. 1240; Aug. 17, 1984, With respect to corporations listed below, for termi-
Pub. L. 98–382, § 11, 98
Stat. 1345; Aug. 21, 1984, nation, effective May 15, 2000, of reporting provisions in
Pub. L. 98–391, § 11, 98 subsec. (b)(1) of this section, see section 3003 of Pub. L.
Stat. 1360; Oct. 19, 1984, 104–66, as amended, set out as a note under section 1113
Pub. L. 98–520, § 11, 98
Stat. 2429; Oct. 30, 1984, of Title 31, Money and Finance, and pages 196 through
Pub. L. 98–561, § 12, 98 208 of House Document No. 103–7.
Stat. 2912; Oct. 30, 1984, Agricultural Hall of Fame
Pub. L. 98–565, § 11, 98 American Chemical Society
Stat. 2921; Oct. 30, 1984,
Pub. L. 98–584, § 11, 98 American Council of Learned Societies
Stat. 3098; Oct. 7, 1985, American Ex-Prisoners of War
Pub. L. 99–119, § 11, 99 American Gold Star Mothers, Incorporated
Stat. 500; Dec. 9, 1985, Pub.
L. 99–172, § 11, 99 Stat. 1022; American Historical Association
May 23, 1986, Pub. L. The American Legion
99–318, § 12, 100 Stat. 476; The American National Theater and Academy
Nov. 6, 1986, Pub. L. 99–604,
§ 11, 100 Stat. 3448; Apr. 6, The American Society of International Law
1988, Pub. L. 100–281, § 12, American Symphony Orchestra League
102 Stat. 75; Nov. 14, 1988, American War Mothers
Pub. L. 100–655, title I, AMVETS (American Veterans)
§ 111, 102 Stat. 3851; Nov. 5,
1990, Pub. L. 101–510, title Army and Navy Union of the United States of Amer-
XVI, § 1611, 104 Stat. 1738; ica
Dec. 10, 1991, Pub. L. Aviation Hall of Fame
102–199, § 2, 105 Stat. 1629;
Oct. 23, 1992, Pub. L. Big Brothers-Big Sisters of America
102–484, title XVIII, §§ 1812, Blinded Veterans Association
1832, 106 Stat. 2583, 2585; Blue Star Mothers of America, Inc.
Sept. 23, 1996, Pub. L.
104–201, title XVIII, § 1811, Board For Fundamental Education
110 Stat. 2762. Boy Scouts of America
36:1102. Aug. 30, 1964, Pub. L. 88–504, Boys & Girls Clubs of America
§§ 2, 3, 78 Stat. 636.
36:1166. Aug. 11, 1971, Pub. L. 92–93, Catholic War Veterans of the United States of Amer-
§ 16, 85 Stat. 319. ica, Incorporated
36:1213(a). Oct. 20, 1978, Pub. L. 95–493, Civil Air Patrol
§ 13(a), 92 Stat. 1646.
36:4315 (less (b) (2d July 14, 1964, Pub. L. 88–372, Congressional Medal of Honor Society of the United
sentence cl. (2))). § 15 (less (b) (2d sentence States of America
cl. (2))), 78 Stat. 317. Daughters of Union Veterans of the Civil War
36:4514 (less (b) (2d July 14, 1964, Pub. L. 88–376,
sentence cl. (2))). § 14 (less (b) (2d sentence 1861–1865
cl. (2))), 78 Stat. 323. Disabled American Veterans
36:4610 (less (b) (2d Aug. 19, 1964, Pub. L. 88–449, Former Members of Congress
sentence cl. (2))). § 10 (less (b) (2d sentence The Foundation of the Federal Bar Association
cl. (2))), 78 Stat. 498.
36:5206(a). Oct. 26, 1992, Pub. L. 102–522, Future Farmers of America
§ 207(a), 106 Stat. 3420. General Federation of Women’s Clubs
36:5706(a). Oct. 11, 1996, Pub. L. 104–285, Girl Scouts of the United States of America
title II, § 207(a), 110 Stat.
3385. Gold Star Wives of America
10101(b) ...... 36:1103. Italian American War Veterans of the United States
Jewish War Veterans of the United States of Amer-
In this section, the text of 36:1101 is omitted as unnec- ica, Incorporated
essary because of the addition of the words ‘‘Except as Jewish War Veterans, U.S.A., National Memorial, In-
otherwise provided’’ in subsection (a) of this section. corporated
The text of 36:1166, 1213(a), and 5206(a) is omitted as un- Ladies of the Grand Army of the Republic
necessary because of the restatement of 36:1102 and 1103 Legion of Valor of the United States of America, In-
as general provisions covering, except as otherwise pro- corporated
vided, all federally chartered corporations referred to Little League Baseball, Incorporated
in part B of subtitle II of the revised title. The text of Marine Corps League
36:1084 (less (b) (2d sentence cl. (2))), 4315 (less (b) (2d The Military Chaplains Association of the United
sentence cl. (2))), 4514 (less (b) (2d sentence cl. (2))), and States of America
Page 53 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 10102
AND ORGANIZATIONS

Military Order of the Purple Heart of the United HISTORICAL AND REVISION NOTES—Continued
States of America, Incorporated
National Academy of Public Administration Revised Source (U.S. Code) Source (Statutes at Large)
Section
National Academy of Sciences
National Conference of State Societies, Washington, 36:239. June 30, 1950, ch. 431, § 19, 64
District of Columbia Stat. 315.
National Conference on Citizenship 36:254 note. May 27, 1914, ch. 101, § 2, 38
Stat. 383.
National Council on Radiation Protection and Meas- 36:291. Aug. 30, 1950, ch. 823, § 21, 64
urements Stat. 567.
National Federation of Music Clubs 36:352. Sept. 20, 1950, ch. 958, § 12, 64
Stat. 872.
National Fund for Medical Education 36:382. Sept. 21, 1950, ch. 975, title I,
National Mining Hall of Fame and Museum § 112, as added Nov. 8, 1978,
National Music Council Pub. L. 95–606, § 1(b), 92
National Safety Council Stat. 3049.
36:421. Apr. 3, 1952, ch. 131, § 21, 66
National Ski Patrol System, Incorporated Stat. 41.
National Society, Daughters of the American Colo- 36:447. Aug. 13, 1953, ch. 427, § 17, 67
nists Stat. 565.
36:479. Aug. 13, 1953, ch. 429, § 19, 67
The National Society of the Daughters of the Amer- Stat. 574.
ican Revolution 36:518. July 19, 1954, ch. 536, § 18, 68
National Society of the Sons of the American Revolu- Stat. 492.
36:550. Aug. 20, 1954, ch. 774, § 20, 68
tion Stat. 752.
National Tropical Botanical Garden 36:589. Aug. 24, 1954, ch. 911, § 19, 68
National Woman’s Relief Corps, Auxiliary to the Stat. 800.
36:617. Aug. 28, 1954, ch. 1036, § 17, 68
Grand Army of the Republic Stat. 895.
The National Yoemen F 36:647. Aug. 4, 1955, ch. 546, § 17, 69
Naval Sea Cadet Corps Stat. 490.
Navy Club of the United States of America 36:680. Aug. 1, 1956, ch. 824, § 20, 70
Stat. 797.
Navy Wives Clubs of America 36:707. Aug. 6, 1956, ch. 976, § 17, 70
Non Commissioned Officers Association of the United Stat. 1056.
States of America, Incorporated 36:780. July 18, 1958, Pub. L. 85–530,
§ 20, 72 Stat. 375.
Paralyzed Veterans of America 36:807. Aug. 14, 1958, Pub. L. 85–642,
Pearl Harbor Survivors Association § 17, 72 Stat. 601.
Polish Legion of American Veterans, U.S.A. 36:837. Aug. 26, 1958, Pub. L. 85–761,
Reserve Officers Association of the United States § 17, 72 Stat. 859.
36:868. Aug. 27, 1958, Pub. L. 85–769,
Sons of Union Veterans of the Civil War § 18, 72 Stat. 927.
369th Veterans’ Association 36:898. Sept. 2, 1958, Pub. L. 85–870,
United Service Organizations, Incorporated § 18, 72 Stat. 1695.
36:926. Sept. 2, 1958, Pub. L. 85–903,
United States Capitol Historical Society § 16, 72 Stat. 1741.
United States Submarine Veterans of World War II 36:958. July 14, 1960, Pub. L. 86–653,
Veterans of Foreign Wars of the United States § 18, 74 Stat. 518.
36:988. Aug. 31, 1960, Pub. L. 86–680,
Veterans of World War I of the United States of § 18, 74 Stat. 577.
America, Incorporated 36:1020. Sept. 7, 1962, Pub. L. 87–650,
Vietnam Veterans of America, Inc. § 20, 76 Stat. 506.
Women’s Army Corps Veterans’ Association 36:1059. Sept. 10, 1962, Pub. L. 87–655,
§ 19, 76 Stat. 534.
36:1088. July 16, 1964, Pub. L. 88–378,
§ 10102. Reservation of right to amend or repeal § 18, 78 Stat. 328.
36:1167. Aug. 11, 1971, Pub. L. 92–93,
(a) GENERAL.—Congress reserves the right to § 17, 85 Stat. 319.
36:1218. Oct. 20, 1978, Pub. L. 95–493,
amend or repeal the provisions of part B of this § 18, 92 Stat. 1647.
subtitle. 36:1309(h). Dec. 29, 1979, Pub. L. 96–165,
§ 9(h), 93 Stat. 1272.
(b) NONAPPLICATION.—Subsection (a) of this 36:1512. Dec. 2, 1980, Pub. L. 96–489,
section does not apply to chapters 213, 407, 801, § 13, 94 Stat. 2555.
36:1612. Dec. 4, 1980, Pub. L. 96–497,
1403, 1503 (except section 150302(b)), 1513, 1517, § 13, 94 Stat. 2597.
1531, and 1539 of this title. 36:1712. Nov. 20, 1981, Pub. L. 97–82,
§ 13, 95 Stat. 1093.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1283.) 36:1812. Nov. 20, 1981, Pub. L. 97–83,
§ 13, 95 Stat. 1096.
36:1912. June 1, 1982, Pub. L. 97–192,
HISTORICAL AND REVISION NOTES § 13, 96 Stat. 111.
36:2012. Aug. 9, 1982, Pub. L. 97–231,
Revised § 13, 96 Stat. 258.
Section Source (U.S. Code) Source (Statutes at Large)
36:2112. Aug. 10, 1982, Pub. L. 97–234,
§ 13, 96 Stat. 263.
10102 .......... 36:20g. June 9, 1906, ch. 3065 § 7, 34 36:2212. Jan. 8, 1983, Pub. L. 97–427,
Stat. 228. § 13, 96 Stat. 2267.
36:29. June 15, 1916, ch. 148, § 9, 39 36:2312. Apr. 10, 1984, Pub. L. 98–257,
Stat. 229. § 13, 98 Stat. 129.
36:38a. Mar. 16, 1950, ch. 62, § 9, 64 36:2412. June 12, 1984, Pub. L. 98–314,
Stat. 24. § 13, 98 Stat. 239.
36:51. Sept. 16, 1919, ch. 59, § 10, 41 36:2512. July 23, 1984, Pub. L. 98–372,
Stat. 285. § 13, 98 Stat. 1241.
36:59. Aug. 4, 1937, ch. 564, § 5, 50 36:2612. Aug. 17, 1984, Pub. L. 98–382,
Stat. 559. § 13, 98 Stat. 1345.
36:67s. July 23, 1947, ch. 298, § 20, 61 36:2712. Aug. 21, 1984, Pub. L. 98–391,
Stat. 408. § 13, 98 Stat. 1360.
36:78q. June 17, 1959, Pub. L. 86–47, 36:2812. Oct. 19, 1984, Pub. L. 98–520,
§ 18, 73 Stat. 80. § 13, 98 Stat. 2430.
36:90k. June 17, 1932, ch. 268, § 11, 47 36:2913. Oct. 30, 1984, Pub. L. 98–561,
Stat. 322. § 14, 98 Stat. 2912.
36:104. Feb. 24, 1925, ch. 303, § 14, 43 36:3012. Oct. 30, 1984, Pub. L. 98–565,
Stat. 968. § 13, 98 Stat. 2922.
36:120. May 28, 1936, ch. 471, § 10, 49 36:3112. Oct. 30, 1984, Pub. L. 98–584,
Stat. 1391. § 13, 98 Stat. 3099.
36:140 note. June 6, 1940, ch. 239, § 5, 54 36:3209. Aug. 25, 1937, ch. 762, § 9, 50
Stat. 233. Stat. 800.
36:208. July 1, 1946, ch. 527, § 8, 60 36:3310. July 5, 1935, ch. 373, § 10, 49
Stat. 347. Stat. 459.
§ 20101 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 54
AND ORGANIZATIONS

HISTORICAL AND REVISION NOTES—Continued (b) PERPETUAL EXISTENCE.—Except as other-


wise provided, the corporation has perpetual ex-
Revised
Section Source (U.S. Code) Source (Statutes at Large) istence.
36:3418. Oct. 15, 1962, Pub. L. 87–817, (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1284.)
§ 18, 76 Stat. 933.
36:3612. Oct. 7, 1985, Pub. L. 99–119, HISTORICAL AND REVISION NOTES
§ 13, 99 Stat. 500.
36:3712. Dec. 9, 1985, Pub. L. 99–172, Revised
§ 13, 99 Stat. 1022. Section Source (U.S. Code) Source (Statutes at Large)
36:3813. May 23, 1986, Pub. L. 99–318,
§ 14, 100 Stat. 476.
36:3912. Nov. 6, 1986, Pub. L. 99–604, 20101(a) ...... 36:971. Aug. 31, 1960, Pub. L. 86–680,
§ 13, 100 Stat. 3448. §§ 1, 2, 4(1), 16, 74 Stat. 572,
36:4013. Apr. 6, 1988, Pub. L. 100–281, 574, 577.
§ 14, 102 Stat. 75. 36:972.
36:4112. Nov. 14, 1988, Pub. L. 100–655, 20101(b) ...... 36:974(1).
title I, § 113, 102 Stat. 3852. 36:986.
36:4206. Apr. 17, 1916, ch. 77, § 6, 39
Stat. 52. This section is substituted for the source provisions
36:4318. July 14, 1964, Pub. L. 88–372, for consistency in the revised title and to eliminate ex-
§ 18, 78 Stat. 318.
36:4408. June 6, 1900, ch. 806, § 8, 31 ecuted and unnecessary words.
Stat. 663.
36:4517. July 14, 1964, Pub. L. 88–376, § 20102. Purposes
§ 17, 78 Stat. 324.
36:4617. Aug. 19, 1964, Pub. L. 88–449, The purposes of the corporation are—
§ 17, 78 Stat. 499.
36:4706. May 31, 1920, ch. 216, § 6, 41 (1) to receive and maintain one or more
Stat. 694. funds and to use any part of the principal or
36:4812. Nov. 5, 1990, Pub. L. 101–510,
title XVI, § 1613, 104 Stat. interest only for charitable, scientific, lit-
1738. erary, or educational purposes either directly
36:4910. Jan. 30, 1913, ch. 21, § 10, 37
Stat. 655. or by contributing to organizations authorized
36:5013. Oct. 23, 1992, Pub. L. 102–484, to carry on similar activities;
title XVIII, § 1814, 106
Stat. 2583; May 31, 1993, (2) to honor farmers, farm women, farm lead-
Pub. L. 103–35, title II, ers, teachers, scientists, inventors, govern-
§ 202(a)(13), 107 Stat. 101.
36:5113. Oct. 23, 1992, Pub. L. 102–484, mental leaders, and other individuals who
title XVIII, § 1834, 106 have helped make this Nation great by their
Stat. 2586; May 31, 1993,
Pub. L. 103–35, title II, outstanding contributions to the establish-
§ 202(a)(13), 107 Stat. 101. ment, development, advancement, or improve-
36:5311. June 30, 1906, ch. 3929, § 11, 34
Stat. 808. ment of agriculture in the United States;
36:5402. Mar. 3, 1901, ch. 876, § 2, 31 (3) to perpetuate the memory of those indi-
Stat. 1454; June 29, 1938, viduals and record their contributions and
ch. 796, 52 Stat. 1226.
36:5612. Sept. 23, 1996, Pub. L. achievements by the erection and mainte-
104–201, title XVIII, § 1813, nance of buildings and monuments as may be
110 Stat. 2762.
appropriate as a lasting memorial;
In subsection (a), the source provisions are restated (4) to promote a greater sense of apprecia-
as a general provision to avoid the need to repeat iden- tion of the dignity and importance of agri-
tical provisions. The words ‘‘but no contract or individ- culture, historically carried out through
ual right made or acquired shall be divested or im- owner-operated farms, and the part it has
paired’’ in 36:104 and ‘‘but no contract or individual played in developing those social, economic,
right made or acquired shall thereby be divested or im- and spiritual values which are essential in
paired’’ in 36:5311 are omitted as unnecessary and for
maintaining the free and democratic institu-
consistency in the revised title.
Subsection (b) is added because the chapters referred tions of our Republic;
to in subsection (b) restate laws which Congress did not (5) to establish and maintain a library and
expressly reserve the right to amend or repeal. museum for the collection and preservation
for posterity of agricultural tools, imple-
PART B—ORGANIZATIONS ments, machines, vehicles, pictures, paintings,
books, papers, documents, data, relics, me-
CHAPTER 201—AGRICULTURAL HALL OF mentos, artifacts, and other items relating to
FAME agriculture;
(6) to cooperate with other organizations in-
Sec.
20101. Organization. terested in similar projects; and
20102. Purposes. (7) to engage in other activities appropriate
20103. Membership. to carry out its purposes.
20104. Governing body. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1284.)
20105. Powers.
20106. Restrictions. HISTORICAL AND REVISION NOTES
20107. Principal office.
20108. Records and inspection. Revised
Section Source (U.S. Code) Source (Statutes at Large)
20109. Service of process.
20110. Liability for acts of officers and agents. 20102 .......... 36:973(A) (1st sen- Aug. 31, 1960, Pub. L. 86–680,
20111. Use of assets on dissolution or final liquida- tence words be- § 3(A) (1st sentence words
fore proviso, last before proviso, last sen-
tion. sentence), (B)–(G). tence), (B)–(G), 74 Stat.
573.
§ 20101. Organization
In clause (1), the words ‘‘and apply the whole or’’,
(a) FEDERAL CHARTER.—Agricultural Hall of ‘‘therefrom’’, ‘‘thereof’’, and ‘‘duly’’ and 36:973(A) (1st
Fame (in this chapter, the ‘‘corporation’’) is a sentence) are omitted as unnecessary. The text of
federally chartered corporation. 36:973(A) (last sentence) is omitted as unnecessary.
Page 55 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 20105
AND ORGANIZATIONS

In clause (2), the words ‘‘of America’’ are omitted as HISTORICAL AND REVISION NOTES
unnecessary.
In clause (3), the words ‘‘those individuals’’ are sub- Revised
Section Source (U.S. Code) Source (Statutes at Large)
stituted for ‘‘such persons’’ for clarity. The word ‘‘edi-
fices’’ is omitted as included in ‘‘buildings’’. The word 20104(a) ...... 36:977. Aug. 31, 1960, Pub. L. 86–680,
‘‘deemed’’ is omitted as unnecessary. §§ 7, 8, 74 Stat. 575.
20104(b) ...... 36:978.
In clause (4), the word ‘‘promote’’ is substituted for
‘‘foster, promote, and encourage’’ to eliminate redun-
In subsection (a), the text of 36:977(a) is omitted as
dant words.
executed and obsolete. In paragraph (3), the words ‘‘and
In clause (7), the words ‘‘other activities appropriate
exercise’’ are omitted as unnecessary.
to carry out its purposes’’ are substituted for ‘‘any and
all activities incidental thereto or necessary, suitable, § 20105. Powers
or proper for the accomplishment of any of the afore-
mentioned purposes’’ for consistency in the revised The corporation may—
title and to eliminate unnecessary words. (1) adopt and amend bylaws for the manage-
ment of its property and the regulation of its
§ 20103. Membership affairs;
(2) adopt and alter a corporate seal;
(a) ELIGIBILITY.—Except as provided in this (3) choose officers, managers, agents, and
chapter, eligibility for membership in the cor- employees as the activities of the corporation
poration and the rights, privileges, and designa- require;
tion of classes of members are as provided in the (4) make contracts;
bylaws. (5) acquire, own, lease, encumber, and trans-
(b) VOTING.—Each member given voting rights fer property as necessary or convenient to
by the bylaws has one vote on each matter sub- carry out the purposes of the corporation;
mitted to a vote at a meeting of the voting (6) borrow money, issue instruments of in-
members. The vote may be cast in the manner debtedness, and secure its obligations by
provided in the bylaws. granting security interests in its property; and
(7) sue and be sued.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1284.)
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1285.)
HISTORICAL AND REVISION NOTES
HISTORICAL AND REVISION NOTES
Revised Source (U.S. Code) Source (Statutes at Large)
Section Revised
Section Source (U.S. Code) Source (Statutes at Large)
20103 .......... 36:976. Aug. 31, 1960, Pub. L. 86–680,
§ 6, 74 Stat. 575. 20105 .......... 36:974(2)–(9). Aug. 31, 1960, Pub. L. 86–680,
§§ 4(2)–(9), 17, 74 Stat. 574,
In subsection (a), the words ‘‘are as provided in the 577.
36:987.
bylaws’’ are substituted for ‘‘shall . . . be determined
as the bylaws of the corporation may provide’’ to elimi- In this section, the text of 36:987 is omitted as exe-
nate unnecessary words. cuted and obsolete.
In subsection (b), the words ‘‘the right to’’ are omit- In clause (1), the words ‘‘and alter’’ are omitted as
ted as unnecessary. unnecessary.
In clause (2), the word ‘‘use’’ is omitted as unneces-
sary.
§ 20104. Governing body In clause (4), the words ‘‘make contracts’’ are sub-
(a) BOARD OF GOVERNORS.—(1) The board of stituted for ‘‘contract and be contracted with’’ to
eliminate unnecessary words.
governors is the governing body of the corpora-
Clause (5) is substituted for ‘‘take by lease, gift, pur-
tion. Between meetings of the members of the chase, grant, devise, or bequest from any private cor-
corporation, the board is responsible for the gen- poration, association, partnership, firm, or individual
eral policies and program of the corporation and and to hold any property, real, personal, or mixed, nec-
for the control of all funds of the corporation. essary or convenient for attaining the objects and car-
(2) The number of governors, their manner of rying into effect the purposes of the corporation’’ in
selection (including the filling of vacancies), and 36:974(7) and ‘‘transfer, convey, lease, sublease, encum-
their term of office are as provided in the by- ber and otherwise alienate real, personal or mixed
property’’ in 36:974(8) for consistency in the revised
laws. However, the board shall have at least 15
title and to eliminate unnecessary words. The words
members. ‘‘subject, however, to applicable provisions of law of
(3) The board may appoint committees. Each any State (A) governing the amount or kind of prop-
committee has the powers provided in the by- erty which may be held by, or (B) otherwise limiting or
laws or by resolution of the board. The powers of controlling the ownership of property by, a corporation
a committee may include all the powers of the operating in such State’’ in 36:974(7) are omitted as un-
board. necessary.
(b) OFFICERS.—(1) The officers of the corpora- In clause (6), the words ‘‘issue instruments of indebt-
edness, and secure its obligations by granting security
tion are a president, one or more one vice presi- interests in its property’’ are substituted for ‘‘issue
dents as provided in the bylaws, a secretary, a bonds therefor, and secure the same by mortgage, deed
treasurer, one or more assistant secretaries and of trust, pledge or otherwise’’ for consistency in the re-
assistant treasurers, and other officers as pro- vised title and to eliminate unnecessary words. The
vided in the bylaws. words ‘‘for the purposes of the corporation’’ and ‘‘sub-
(2) The manner of election, term of office, and ject in every case to all applicable provisions of Federal
duties of the officers are as provided in the by- and State laws’’ are omitted as unnecessary.
laws. In clause (7), the words ‘‘complain and defend in any
court of competent jurisdiction’’ are omitted as unnec-
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1284.) essary.
§ 20106 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 56
AND ORGANIZATIONS

§ 20106. Restrictions § 20108. Records and inspection


(a) STOCK AND DIVIDENDS.—The corporation (a) RECORDS.—The corporation shall keep—
may not issue stock or declare or pay a divi- (1) correct and complete records of account;
dend. (2) minutes of the proceedings of its mem-
(b) POLITICAL ACTIVITIES.—The corporation or bers, board of governors, and committees hav-
a governor, officer, employee, or member as ing any of the authority of its board of gov-
such may not contribute to, support, or assist a ernors; and
political party or candidate for public office. (3) at its principal office, a record of the
(c) DISTRIBUTION OF INCOME OR ASSETS.—The names and addresses of its members entitled
income or assets of the corporation may not to vote.
inure to the benefit of, or be distributed to, a
governor, officer, or member as such during the (b) INSPECTION.—A member entitled to vote, or
life of the corporation or on its dissolution or an agent or attorney of the member, may in-
final liquidation. This subsection does not pre- spect the records of the corporation for any
vent the payment of compensation to an officer proper purpose, at any reasonable time.
or employee in an amount approved by the (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1286.)
board of governors.
(d) LOANS.—The corporation may not make a HISTORICAL AND REVISION NOTES
loan or advance to a governor, officer, employee,
Revised
or member. Governors who vote for or assent to Section Source (U.S. Code) Source (Statutes at Large)
making a loan or advance to a governor, officer,
20108(a) ...... 36:983 (1st sentence). Aug. 31, 1960, Pub. L. 86–680,
employee, or member, and officers who partici- § 13, 74 Stat. 576.
pate in making the loan or advance, are jointly 20108(b) ...... 36:983 (last sen-
tence).
and severally liable to the corporation for the
amount of the loan or advance until it is repaid.
The word ‘‘records’’ is substituted for ‘‘books and
(e) CONTRIBUTIONS TO CERTAIN ORGANIZA- records’’ for consistency in the revised title and with
TIONS.—None of the principal or interest of a other titles of the United States Code.
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 car- § 20109. Service of process
rying on propaganda or attempting to influ- The corporation shall have a designated agent
ence legislation; or in the District of Columbia to receive service of
(2) any part of its net earnings benefits a pri- process for the corporation. Notice to or service
vate shareholder or individual. on the agent is notice to or service on the cor-
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1285.) poration.
HISTORICAL AND REVISION NOTES (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1286.)
Revised HISTORICAL AND REVISION NOTES
Section Source (U.S. Code) Source (Statutes at Large)
Revised Source (U.S. Code) Source (Statutes at Large)
20106(a) ...... 36:982. Aug. 31, 1960, Pub. L. 86–680, Section
§§ 3(A) (1st sentence pro-
viso), 9, 10, 12, 74 Stat. 573, 20109 .......... 36:975(b). Aug. 31, 1960, Pub. L. 86–680,
575, 576. § 5(b), 74 Stat. 575.
20106(b) ...... 36:980.
20106(c) ...... 36:979(a).
20106(d) ...... 36:979(b).
20106(e) ...... 36:973(A) (proviso).
§ 20110. Liability for acts of officers and agents
In subsection (a), the words ‘‘any shares of’’ are omit- The corporation is liable for the acts of its of-
ted as unnecessary. ficers and agents acting within the scope of
In subsection (d), the words ‘‘or advance’’ are added
in 2 places for consistency in the subsection.
their authority.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1286.)
§ 20107. Principal office HISTORICAL AND REVISION NOTES
The principal office of the corporation shall be Revised Source (U.S. Code) Source (Statutes at Large)
in Kansas City, Kansas, or another place decided Section
by the board of governors. However, the activi- 20110 .......... 36:981. Aug. 31, 1960, Pub. L. 86–680,
ties of the corporation are not confined to the § 11, 74 Stat. 576.
place where the principal office is located but
may be conducted throughout the States, terri-
tories, and possessions of the United States. § 20111. Use of assets on dissolution or final liq-
uidation
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1285.)
On dissolution or final liquidation of the cor-
HISTORICAL AND REVISION NOTES
poration, any assets of the corporation remain-
Revised Source (U.S. Code) Source (Statutes at Large)
ing after the discharge of all liabilities shall be
Section distributed as provided by the board of gov-
20107 .......... 36:975(a). Aug. 31, 1960, Pub. L. 86–680, ernors, but in compliance with the charter and
§ 5(a), 74 Stat. 574. bylaws.
The word ‘‘various’’ is omitted as unnecessary. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1286.)
Page 57 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 20204
AND ORGANIZATIONS

HISTORICAL AND REVISION NOTES This section is substituted for the source provisions
for consistency in the revised title and to eliminate un-
Revised necessary words.
Section Source (U.S. Code) Source (Statutes at Large)

20111 .......... 36:985. Aug. 31, 1960, Pub. L. 86–680,


§ 15, 74 Stat. 577. § 20203. Purposes

The word ‘‘satisfaction’’ is omitted as included in (a) GENERAL.—The purposes of the corporation
‘‘discharge’’, and the word ‘‘obligations’’ is omitted as are as provided in its bylaws and articles of in-
included in ‘‘liabilities’’. The words ‘‘outstanding’’ and corporation and include—
‘‘all Federal and State laws applicable thereto’’ are (1) helping to maintain a highly dedicated
omitted as unnecessary. and professional corps of enlisted personnel
within the United States Air Force, including
CHAPTER 202—AIR FORCE SERGEANTS
the United States Air Force Reserve, and the
ASSOCIATION
Air National Guard;
Sec. (2) supporting fair and equitable legislation
20201. Definition. and Department of the Air Force policies and
20202. Organization. influencing by lawful means departmental
20203. Purposes. plans, programs, policies, and legislative pro-
20204. Membership. posals that affect enlisted personnel of the
20205. Governing body.
20206. Powers.
Regular Air Force, the Air Force Reserve, and
20207. Restrictions. the Air National Guard, its retirees, and other
20208. Duty to maintain corporate and tax-exempt veterans of enlisted service in the Air Force;
status. (3) actively publicizing the roles of enlisted
20209. Records and inspection. personnel in the United States Air Force;
20210. Service of process. (4) participating in civil and military activi-
20211. Liability for acts of officers and agents. ties, youth programs, and fundraising cam-
20212. Annual report. paigns that benefit the United States Air
§ 20201. Definition Force;
(5) providing for the mutual welfare of mem-
For purposes of this chapter, ‘‘State’’ includes bers of the corporation and their families;
the District of Columbia and the territories and (6) assisting in recruiting for the United
possessions of the United States. States Air Force;
(Added Pub. L. 105–354, § 1(4)(A), Nov. 3, 1998, 112 (7) assembling together for social activities;
Stat. 3239.) (8) maintaining an adequate Air Force for
our beloved country;
HISTORICAL AND REVISION NOTES (9) fostering among the members of the cor-
Revised
poration a devotion to fellow airmen; and
Section Source (U.S. Code) Source (Statutes at Large) (10) serving the United States and the United
20201 .......... 36 App.:5815. Nov. 18, 1997, Pub. L. 105–85,
States Air Force loyally, and doing all else
title XV, § 1516, 111 Stat. necessary to uphold and defend the Constitu-
1966. tion of the United States.
The words ‘‘the Commonwealth of Puerto Rico, the (b) CORPORATE FUNCTION.—The corporation
Commonwealth of the Northern Mariana Islands’’ are shall function as an educational, patriotic, civic,
omitted as included in ‘‘the territories and possessions historical, and research organization under the
of the United States’’. laws of the District of Columbia.
§ 20202. Organization (Added Pub. L. 105–354, § 1(4)(A), Nov. 3, 1998, 112
Stat. 3240.)
(a) FEDERAL CHARTER.—Air Force Sergeants
Association (in this chapter, the ‘‘corporation’’), HISTORICAL AND REVISION NOTES
a nonprofit corporation incorporated in the Dis-
Revised
trict of Columbia, is a federally chartered cor- Section Source (U.S. Code) Source (Statutes at Large)
poration.
(b) EXPIRATION OF CHARTER.—If the corpora- 20203(a) ...... 36 App.:5803. Nov. 18, 1997, Pub. L. 105–85,
title XV, §§ 1503, 1508(f),
tion does not comply with any provision of this 111 Stat. 1963, 1965.
chapter, the charter granted by this chapter ex- 20203(b) ...... 36 App.:5808(f).
pires.
(Added Pub. L. 105–354, § 1(4)(A), Nov. 3, 1998, 112 § 20204. Membership
Stat. 3239.)
(a) ELIGIBILITY.—Except as provided in this
HISTORICAL AND REVISION NOTES chapter, eligibility for membership in the cor-
poration and the rights and privileges of mem-
Revised
Section Source (U.S. Code) Source (Statutes at Large) bers are as provided in the bylaws and articles of
incorporation.
20202(a) ...... 36 App.:5801. Nov. 18, 1997, Pub. L. 105–85,
title XV, §§ 1501, 1514 (re- (b) NONDISCRIMINATION.—The terms of mem-
lated to termination of bership may not discriminate on the basis of
charter), 1515, 111 Stat.
1963, 1966. race, color, religion, sex, disability, age, or na-
20202(b) ...... 36 App.:5813 (related tional origin.
to termination of
charter). (Added Pub. L. 105–354, § 1(4)(A), Nov. 3, 1998, 112
36 App.:5814.
Stat. 3240.)
§ 20205 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 58
AND ORGANIZATIONS

HISTORICAL AND REVISION NOTES The words ‘‘each State in which it is incorporated’’
are substituted for ‘‘the District of Columbia’’ for con-
Revised sistency in the revised title. The words ‘‘and subject to
Section Source (U.S. Code) Source (Statutes at Large)
the laws of the District of Columbia’’ are omitted as
20204(a) ...... 36 App.:5805. Nov. 18, 1997, Pub. L. 105–85, unnecessary.
title XV, §§ 1505, 1508(g)
(related to membership), § 20207. Restrictions
111 Stat. 1964, 1965.
20204(b) ...... 36 App.:5808(g) (re- (a) STOCK AND DIVIDENDS.—The corporation
lated to member-
ship). may not issue stock or declare or pay a divi-
dend.
In subsection (a), the words ‘‘Except as provided in (b) DISTRIBUTION OF INCOME OR ASSETS.—The
this chapter’’ are substituted for ‘‘Except as provided income or assets of the corporation may not
in section 5808(g) of this title’’ for consistency in the inure to the benefit of, or be distributed to, a di-
revised title.
In subsection (b), the words ‘‘The terms of member-
rector, officer, or member during the life of the
ship’’ are substituted for ‘‘In establishing the condi- charter granted by this chapter. This subsection
tions of membership in the association’’ for consistency does not prevent the payment of reasonable
in the revised title and to eliminate unnecessary words. compensation to an officer or employee or reim-
The word ‘‘disability’’ is substituted for ‘‘handicap’’ for bursement for actual necessary expenses in
consistency in the revised title. amounts approved by the board of directors.
(c) LOANS.—The corporation may not make a
§ 20205. Governing body loan to a director, officer, employee, or member.
(a) BOARD OF DIRECTORS.—The board of direc- (d) CLAIM OF GOVERNMENTAL APPROVAL OR AU-
tors and the responsibilities of the board are as THORITY.—The corporation may not claim con-
provided in the bylaws and articles of incorpora- gressional approval or the authority of the
tion. United States Government for any of its activi-
(b) OFFICERS.—The officers and the election of ties.
officers are as provided in the bylaws and arti- (Added Pub. L. 105–354, § 1(4)(A), Nov. 3, 1998, 112
cles of incorporation. Stat. 3241.)
(c) NONDISCRIMINATION.—The requirements for
serving as a director or officer may not discrimi- HISTORICAL AND REVISION NOTES
nate on the basis of race, color, religion, sex, Revised Source (U.S. Code) Source (Statutes at Large)
disability, age, or national origin. Section

(Added Pub. L. 105–354, § 1(4)(A), Nov. 3, 1998, 112 20207(a) ...... 36 App.:5808(c). Nov. 18, 1997, Pub. L. 105–85,
title XV, § 1508(a)–(d), 111
Stat. 3240.) Stat. 1964.
20207(b) ...... 36 App.:5808(a).
HISTORICAL AND REVISION NOTES 20207(c) ...... 36 App.:5808(b).
20207(d) ...... 36 App.:5808(d).
Revised
Source (U.S. Code) Source (Statutes at Large)
Section In subsection (a), the words ‘‘any shares of’’ are omit-
ted as unnecessary.
20205(a) ...... 36 App.:5806. Nov. 18, 1997, Pub. L. 105–85,
title XV, §§ 1506, 1507, In subsection (b), the words ‘‘This subsection does
1508(g) (related to direc- not’’ are substituted for ‘‘Nothing in this subsection
tors and officers), 111 may be construed to’’ for consistency in the revised
Stat. 1964, 1965.
20205(b) ...... 36 App.:5807. title.
20205(c) ...... 36 App.:5808(g) (re- In subsection (d), the words ‘‘by virtue of this chap-
lated to directors ter’’ are omitted as unnecessary.
and officers).
§ 20208. Duty to maintain corporate and tax-ex-
In subsections (a) and (b), the words ‘‘Except as pro- empt status
vided in section 5808(g) of this title’’ and ‘‘and in con-
formity with the laws of the District of Columbia’’ are (a) CORPORATE STATUS.—The corporation shall
omitted as unnecessary. maintain its status as a corporation incor-
In subsection (c), the words ‘‘The requirements for porated under the laws of the District of Colum-
serving as a director or officer’’ are substituted for ‘‘in bia.
determining the requirements for serving on the board (b) TAX-EXEMPT STATUS.—The corporation
of directors or as an officer of the association’’ for con-
sistency in the revised title and to eliminate unneces-
shall maintain its status as an organization ex-
sary words. The word ‘‘disability’’ is substituted for empt from taxation under the Internal Revenue
‘‘handicap’’ for consistency in the revised title. Code of 1986 (26 U.S.C. 1 et seq.).
(Added Pub. L. 105–354, § 1(4)(A), Nov. 3, 1998, 112
§ 20206. Powers
Stat. 3241.)
The corporation has only the powers provided
HISTORICAL AND REVISION NOTES
in its bylaws and articles of incorporation filed
in each State in which it is incorporated. Revised
Section Source (U.S. Code) Source (Statutes at Large)
(Added Pub. L. 105–354, § 1(4)(A), Nov. 3, 1998, 112
Stat. 3240.) 20208(a) ...... 36 App.:5808(e). Nov. 18, 1997, Pub. L. 105–85,
title XV, §§ 1508(e), 1514
(related to duty to main-
HISTORICAL AND REVISION NOTES tain status), 111 Stat. 1965,
1966.
Revised 20208(b) ...... 36 App.:5813 (related
Section Source (U.S. Code) Source (Statutes at Large) to duty to main-
tain status).
20206 .......... 36 App.:5802. Nov. 18, 1997, Pub. L. 105–85,
title XV, § 1502, 111 Stat. In subsection (a), the words ‘‘organized and’’ are
1963.
omitted as unnecessary.
Page 59 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 20303
AND ORGANIZATIONS

§ 20209. Records and inspection § 20212. Annual report


(a) RECORDS.—The corporation shall keep— The corporation shall submit an annual report
(1) correct and complete records of account; to Congress on the activities of the corporation
(2) minutes of the proceedings of its mem- during the prior fiscal year. The report shall be
bers, board of directors, and committees hav- submitted at the same time as the report of the
ing any of the authority of its board of direc- audit required by section 10101 of this title. The
tors; and report may not be printed as a public document.
(3) at its principal office, a record of the (Added Pub. L. 105–354, § 1(4)(A), Nov. 3, 1998, 112
names and addresses of its members entitled Stat. 3241.)
to vote.
HISTORICAL AND REVISION NOTES
(b) INSPECTION.—A member entitled to vote, or
an agent or attorney of the member, may in- Revised Source (U.S. Code) Source (Statutes at Large)
spect the records of the corporation for any Section
proper purpose, at any reasonable time. 20212 .......... 36 App.:5811. Nov. 18, 1997, Pub. L. 105–85,
title XV, § 1512, 111 Stat.
(Added Pub. L. 105–354, § 1(4)(A), Nov. 3, 1998, 112 1965.
Stat. 3241.)
HISTORICAL AND REVISION NOTES CHAPTER 203—AMERICAN ACADEMY OF
ARTS AND LETTERS
Revised Source (U.S. Code) Source (Statutes at Large)
Section Sec.
20209 .......... 36 App.:5810. Nov. 18, 1997, Pub. L. 105–85, 20301. Organization.
title XV, § 1510, 111 Stat. 20302. Purpose.
1965. 20303. Membership.
20304. Powers.
The word ‘‘records’’ is substituted for ‘‘books and 20305. Annual meeting.
records’’ for consistency in the revised title and with 20306. Annual report.
other titles of the United States Code. The words ‘‘This 20307. Nonapplication of audit requirements.
section may not be construed to contravene any appli-
cable State law’’ are omitted as unnecessary.
§ 20301. Organization
§ 20210. Service of process (a) FEDERAL CHARTER.—American Academy of
Arts and Letters (in this chapter, the ‘‘corpora-
The corporation shall comply with the law on tion’’) is a federally chartered corporation.
service of process of each State in which it is in- (b) PLACE OF INCORPORATION.—The corporation
corporated and each State in which it carries on is declared to be incorporated in the District of
activities. Columbia.
(Added Pub. L. 105–354, § 1(4)(A), Nov. 3, 1998, 112 (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1286.)
Stat. 3241.)
HISTORICAL AND REVISION NOTES
HISTORICAL AND REVISION NOTES
Revised
Section Source (U.S. Code) Source (Statutes at Large)
Revised
Section Source (U.S. Code) Source (Statutes at Large)
20301 .......... 36:4201. Apr. 17, 1916, ch. 77, § 1, 39
20210 .......... 36 App.:5804. Nov. 18, 1997, Pub. L. 105–85, Stat. 51.
title XV, § 1504, 111 Stat.
1964. This section is substituted for the source provision
for consistency in the revised title and to eliminate ex-
The words ‘‘each State in which it is incorporated’’ ecuted and unnecessary words.
are substituted for ‘‘the District of Columbia’’ for con-
sistency in the revised title. The words ‘‘in furtherance
of its corporate purposes’’ are omitted as unnecessary. § 20302. Purpose
The purpose of the corporation is to further
§ 20211. Liability for acts of officers and agents the interests of literature and the fine arts.
The corporation is liable for the acts of its of- (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1286.)
ficers and agents acting within the scope of HISTORICAL AND REVISION NOTES
their authority.
Revised Source (U.S. Code) Source (Statutes at Large)
(Added Pub. L. 105–354, § 1(4)(A), Nov. 3, 1998, 112 Section
Stat. 3241.)
20302 .......... 36:4202. Apr. 17, 1916, ch. 77, § 2, 39
Stat. 51.
HISTORICAL AND REVISION NOTES

Revised The words ‘‘is to further’’ are substituted for ‘‘are


Source (U.S. Code) Source (Statutes at Large)
Section and shall be the furtherance of’’ to eliminate unneces-
sary words.
20211 .......... 36 App.:5809. Nov. 18, 1997, Pub. L. 105–85,
title XV, § 1509, 111 Stat.
1965.
§ 20303. Membership
The words ‘‘officers and agents’’ are substituted for The corporation may have not more than 50
‘‘officers, directors, employees, and agents’’ for consist- regular members.
ency in the revised title and to eliminate unnecessary
words. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1286.)
§ 20304 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 60
AND ORGANIZATIONS

HISTORICAL AND REVISION NOTES HISTORICAL AND REVISION NOTES

Revised Revised
Section Source (U.S. Code) Source (Statutes at Large) Section Source (U.S. Code) Source (Statutes at Large)

20303 .......... 36:4203 (words before Apr. 17, 1916, ch. 77, § 3 20306 .......... 36:4204 (related to Apr. 17, 1916, ch. 77, § 4 (re-
1st comma). (words before 1st comma), report). lated to report), 39 Stat.
39 Stat. 51. 51.

The words ‘‘may have not more than’’ are substituted TERMINATION OF REPORTING REQUIREMENTS
for ‘‘shall consist of not more than’’ for clarity and
consistency. For termination, effective May 15, 2000, of reporting
provisions in this section, see section 3003 of Pub. L.
104–66, as amended, set out as a note under section 1113
§ 20304. Powers of Title 31, Money and Finance, and page 196 of House
Document No. 103–7.
The corporation may—
(1) adopt bylaws and regulations; § 20307. Nonapplication of audit requirements
(2) fill vacancies; The audit requirements of section 10101 of this
(3) provide for the election of foreign, domes- title do not apply to the corporation.
tic, or honorary associate members, and the (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1287.)
division of those members into classes;
(4) receive bequests and donations of prop- HISTORICAL AND REVISION NOTES
erty, hold the property in trust, and invest the Revised
property to carry out the purpose of the cor- Section Source (U.S. Code) Source (Statutes at Large)
poration; and 20307 .......... (no source).
(5) do any other act necessary or usual for
such a corporation. This section is added to except the American Acad-
emy of Arts and Letters from the application of section
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1286.) 10101 of the revised title, restating 36:1101–1103, which
imposes audit requirements on certain federally char-
HISTORICAL AND REVISION NOTES
tered corporations. The Academy is not included in the
Revised list of corporations set out in 36:1101 to which the audit
Source (U.S. Code) Source (Statutes at Large)
Section requirements apply.
20304 .......... 36:4203 (words after Apr. 17, 1916, ch. 77, §§ 3
1st comma). (words after 1st comma), CHAPTER 205—AMERICAN CHEMICAL
5, 39 Stat. 51, 52. SOCIETY
36:4205.
Sec.
In clause (1), the word ‘‘regulations’’ is substituted 20501. Organization.
for ‘‘rules and regulations’’ to avoid redundancy. 20502. Purposes.
In clause (2), the words ‘‘created by death, resigna- 20503. Powers.
tion, or otherwise’’ in 36:4203 are omitted as unneces- 20504. Cooperation with the military.
sary. 20505. Annual meeting.
In clause (4), the words ‘‘be, and the same is hereby, 20506. Annual report.
authorized and empowered to’’ in 36:4205 are omitted
because of the word ‘‘may’’ restated before clause (1). § 20501. Organization
The words ‘‘real and personal’’ and ‘‘and reinvest’’ are American Chemical Society (in this chapter,
omitted as unnecessary. The words ‘‘to carry out the
purpose of the corporation’’ are substituted for ‘‘for the
the ‘‘corporation’’) is a federally chartered cor-
purpose of furthering the interests of literature and the poration.
fine arts’’ for consistency. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1287.)
HISTORICAL AND REVISION NOTES
§ 20305. Annual meeting
Revised
Source (U.S. Code) Source (Statutes at Large)
The corporation shall hold an annual meeting Section
at a place in the United States as may be des- 20501 .......... 36:3201. Aug. 25, 1937, ch. 762, §§ 1, 7,
ignated. 50 Stat. 798, 799.
36:3207.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1287.)
This section is substituted for the source provision
HISTORICAL AND REVISION NOTES for consistency in the revised title and to eliminate ex-
ecuted and unnecessary words.
Revised Source (U.S. Code) Source (Statutes at Large) The text of 36:3207 is omitted as executed and obso-
Section
lete.
20305 .......... 36:4204 (related to Apr. 17, 1916, ch. 77, § 4 (re-
meeting). lated to meeting), 39 Stat. § 20502. Purposes
51.
The purposes of the corporation are—
(1) to encourage in the broadest and most
§ 20306. Annual report liberal manner the advancement of chemistry
The corporation shall make an annual report in all its branches;
to Congress, to be filed with the Librarian of (2) to promote research in chemical science
Congress. and industry;
(3) to improve the qualifications and useful-
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1287.) ness of chemists through high standards of
Page 61 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 20506
AND ORGANIZATIONS

professional ethics, education, and attain- plied chemistry connected with the national de-
ments; fense.
(4) to increase and diffuse chemical knowl- (b) PAYMENTS.—The actual expense of those
edge; and investigations, examinations, experiments, and
(5) by its meetings, professional contacts, re- reports shall be paid from amounts appropriated
ports, papers, discussions, and publications, to for those purposes, but the corporation may not
promote scientific interests and inquiry to fos- receive compensation for any services performed
ter public welfare and education, aid the de- for the United States Government.
velopment of our country’s industries, and add
to the material prosperity and happiness of (c) TITLE AND LICENSE.—Title to inventions
our people. and discoveries made in the course of those in-
vestigations, examinations, and experiments
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1287.) that the appropriate Secretary believes involve
HISTORICAL AND REVISION NOTES the national defense vest in the Government.
The Government shall have unlimited license
Revised
Source (U.S. Code) Source (Statutes at Large) under other inventions and discoveries made in
Section
the course of those investigations, examina-
20502 .......... 36:3202. Aug. 25, 1937, ch. 762, § 2, 50 tions, and experiments.
Stat. 798.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1288.)
§ 20503. Powers
HISTORICAL AND REVISION NOTES
The corporation may—
(1) adopt a constitution, bylaws, and regula- Revised Source (U.S. Code) Source (Statutes at Large)
Section
tions;
(2) fill vacancies; 20504 .......... 36:3204. Aug. 25, 1937, ch. 762, § 4, 50
Stat. 799.
(3) provide for the election of members and
the division of those members into classes;
In subsection (a), the words ‘‘When requested by the
(4) receive property, hold the property abso- Secretary of the Army, Air Force, or Navy, the cor-
lutely or in trust, invest and manage the prop- poration’’ are substituted for ‘‘The American Chemical
erty, and use the property and income arising Society shall, whenever called upon by the Army, Air
from it to carry out the purposes of the cor- Force, or Navy Department’’ because under 10:3013,
poration; and 5013, and 8013 the Secretaries are the heads of the De-
(5) do any other act necessary and proper to partments. The Secretary of the Air Force is added be-
carry out the purposes of the corporation. cause of section 207 of the National Security Act of 1947
(ch. 343, 61 Stat. 502).
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1287.) In subsection (b), the words ‘‘shall be paid from
HISTORICAL AND REVISION NOTES amounts appropriated for those purposes’’ are sub-
stituted for ‘‘to be paid from appropriations which may
Revised have been made for that purpose by Congress’’ for clar-
Source (U.S. Code) Source (Statutes at Large)
Section ity and to eliminate unnecessary words.
20503 .......... 36:3203 (1st sen- Aug. 25, 1937, ch. 762, §§ 3 (1st In subsection (c), the words ‘‘that the appropriate
tence). sentence), 5, 50 Stat. 799. Secretary believes’’ are substituted for ‘‘that, in the
36:3205.
opinion of the Secretary of the Navy, the Secretary of
the Air Force, or the Secretary of the Army’’ to elimi-
Before clause (1), the word ‘‘may’’ is substituted for nate unnecessary words.
‘‘shall have power to’’ in 36:3203 and ‘‘be, and the same
is hereby, authorized and empowered to’’ in 36:3205 for
consistency in the revised title and to eliminate unnec- § 20505. Annual meeting
essary words.
In clause (1), the word ‘‘adopt’’ is substituted for The corporation shall hold an annual meeting
‘‘make’’ for consistency in the revised title. The word
at a place in the United States as may from
‘‘regulations’’ is substituted for ‘‘rules, and regula-
tions’’ to avoid redundancy. The words ‘‘its own organi- time to time be designated.
zation’’ are omitted as included in ‘‘constitution, by-
laws, and regulations’’.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1288.)
In clause (2), the words ‘‘created by death, resigna- HISTORICAL AND REVISION NOTES
tion, or otherwise’’ are omitted as unnecessary.
In clause (4), the words ‘‘by devise, bequest, donation, Revised Source (U.S. Code) Source (Statutes at Large)
or otherwise, either real or personal’’ and ‘‘reinvest’’ Section
are omitted as unnecessary. The words ‘‘use . . . to 20505 .......... 36:3203 (last sen- Aug. 25, 1937, ch. 762, § 3 (last
carry out the purposes of the corporation’’ are sub- tence). sentence), 50 Stat. 799.
stituted for ‘‘apply . . . to the objects of its creation’’
for clarity and consistency.
Clause (5) is substituted for ‘‘all other matters need- § 20506. Annual report
ful and useful to promote the objects of the society’’ for
consistency in the revised title.
Not later than December 1 of each year, the
§ 20504. Cooperation with the military corporation shall submit a report to Congress on
the activities of the corporation during the prior
(a) INVESTIGATIONS, EXAMINATIONS, EXPERI- calendar year, including a complete statement
MENTS, AND REPORTS.—When requested by the of its receipts and expenditures. The report may
Secretary of the Army, Air Force, or Navy, the not be printed as a public document.
corporation shall investigate, examine, experi-
ment, and report on any subject in pure or ap- (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1288.)
§ 20701 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 62
AND ORGANIZATIONS

HISTORICAL AND REVISION NOTES HISTORICAL AND REVISION NOTES

Revised Revised
Section Source (U.S. Code) Source (Statutes at Large) Section Source (U.S. Code) Source (Statutes at Large)

20506 .......... 36:3208. Aug. 25, 1937, ch. 762, § 8, 50 20703 .......... 36:1903. June 1, 1982, Pub. L. 97–192,
Stat. 800; Aug. 30, 1964, § 3, 96 Stat. 109.
Pub. L. 88–504, § 4(38), 78
Stat. 638.
The word ‘‘objects’’ is omitted as included in ‘‘pur-
poses’’. The words ‘‘and the corporation shall function
The words ‘‘proceedings and’’ are omitted as unneces-
as authorized by the laws of the State or States where
sary.
it is incorporated’’ are omitted as unnecessary.
CHAPTER 207—AMERICAN COUNCIL OF § 20704. Membership
LEARNED SOCIETIES
Except as provided in this chapter, eligibility
Sec. for membership in the corporation and the
20701. Definition.
rights and privileges of members are as provided
20702. Organization.
20703. Purposes. in the constitution and bylaws of the corpora-
20704. Membership. tion.
20705. Governing body. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1289.)
20706. Powers.
20707. Restrictions. HISTORICAL AND REVISION NOTES
20708. Duty to maintain tax-exempt status.
20709. Records and inspection. Revised Source (U.S. Code) Source (Statutes at Large)
Section
20710. Service of process.
20711. Liability for acts of officers and agents. 20704 .......... 36:1905. June 1, 1982, Pub. L. 97–192,
20712. Annual report. § 5, 96 Stat. 109.

§ 20701. Definition § 20705. Governing body


For purposes of this chapter, ‘‘State’’ includes (a) BOARD OF DIRECTORS.—The board of direc-
the District of Columbia and the territories and tors and the responsibilities of the board are as
possessions of the United States. provided in the articles of incorporation.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1288.) (b) OFFICERS.—The officers and the election of
officers are as provided in the articles of incor-
HISTORICAL AND REVISION NOTES poration.
Revised Source (U.S. Code) Source (Statutes at Large) (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1289.)
Section
HISTORICAL AND REVISION NOTES
20701 .......... 36:1913. June 1, 1982, Pub. L. 97–192,
§ 14, 96 Stat. 111.
Revised
Section Source (U.S. Code) Source (Statutes at Large)
The words ‘‘the Commonwealth of Puerto Rico’’ are
omitted as included in ‘‘the territories and possessions 20705(a) ...... 36:1906. June 1, 1982, Pub. L. 97–192,
§§ 6, 7, 96 Stat. 109.
of the United States’’. 20705(b) ...... 36:1907.

§ 20702. Organization The words ‘‘and in conformity with the laws of the
American Council of Learned Societies (in this State or States in which it is incorporated’’ in 36:1906
and ‘‘and in conformity with the laws of the State or
chapter, the ‘‘corporation’’), a nonprofit cor- States wherein it is incorporated’’ in 36:1907 are omit-
poration incorporated in the District of Colum- ted as unnecessary.
bia, is a federally chartered corporation.
§ 20706. Powers
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1288.)
The corporation has only the powers provided
HISTORICAL AND REVISION NOTES
in its bylaws and articles of incorporation filed
Revised
Source (U.S. Code) Source (Statutes at Large)
in each State in which it is incorporated.
Section
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1289.)
20702 .......... 36:1901. June 1, 1982, Pub. L. 97–192,
§ 1, 96 Stat. 109. HISTORICAL AND REVISION NOTES
This section is substituted for the sources provision Revised Source (U.S. Code) Source (Statutes at Large)
for consistency in the revised title and to eliminate ex- Section
ecuted and unnecessary words. 20706 .......... 36:1902. June 1, 1982, Pub. L. 97–192,
§ 2, 96 Stat. 109.
§ 20703. Purposes
The words ‘‘(hereinafter referred to as the ‘corpora-
The purposes of the corporation are as pro- tion’)’’ and ‘‘and subject to the laws of such State or
vided in the articles of incorporation and in- States’’ are omitted as unnecessary.
clude—
(1) the advancement of the humanistic stud- § 20707. Restrictions
ies in all fields of learning; and (a) STOCK AND DIVIDENDS.—The corporation
(2) the maintenance and strengthening of re- may not issue stock or declare or pay a divi-
lations among the national societies devoted dend.
to those studies. (b) POLITICAL ACTIVITIES.—The corporation or
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1289.) a director or officer as such may not contribute
Page 63 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 20712
AND ORGANIZATIONS

to, support, or participate in any political activ- HISTORICAL AND REVISION NOTES
ity or in any manner attempt to influence legis-
Revised
lation. Section Source (U.S. Code) Source (Statutes at Large)
(c) DISTRIBUTION OF INCOME OR ASSETS.—The
20709 .......... 36:1910. June 1, 1982, Pub. L. 97–192,
income or assets of the corporation may not § 10, 96 Stat. 110.
inure to the benefit of, or be distributed to, a di-
rector, officer, or member during the life of the The word ‘‘records’’ is substituted for ‘‘books and
charter granted by this chapter. This subsection records’’ for consistency in the revised title and with
does not prevent the payment of reasonable other titles of the United States Code. The words
‘‘Nothing in this section shall be construed to con-
compensation to an officer or reimbursement for
travene any applicable State law’’ are omitted as un-
actual necessary expenses in amounts approved necessary.
by the board of directors.
(d) LOANS.—The corporation may not make a § 20710. Service of process
loan to a director, officer, or employee.
The corporation shall comply with the law on
(e) CLAIM OF GOVERNMENTAL APPROVAL OR AU- service of process of each State in which it is in-
THORITY.—The corporation may not claim con-
corporated and each State in which it carries on
gressional approval or the authority of the activities.
United States Government for any of its activi-
ties. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1290.)
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1289.) HISTORICAL AND REVISION NOTES

HISTORICAL AND REVISION NOTES Revised Source (U.S. Code) Source (Statutes at Large)
Section
Revised
Section Source (U.S. Code) Source (Statutes at Large) 20710 .......... 36:1904. June 1, 1982, Pub. L. 97–192,
§ 4, 96 Stat. 109.
20707(a) ...... 36:1908(d). June 1, 1982, Pub. L. 97–192,
§ 8, 96 Stat. 110. The words ‘‘in furtherance of its corporate purposes’’
20707(b) ...... 36:1908(c).
20707(c) ...... 36:1908(a). are omitted as unnecessary.
20707(d) ...... 36:1908(b).
20707(e) ...... 36:1908(e). § 20711. Liability for acts of officers and agents

In subsection (a), the words ‘‘any shares of’’ are omit- The corporation is liable for the acts of its of-
ted as unnecessary. ficers and agents acting within the scope of
In subsection (c), the words ‘‘inure to the benefit of’’ their authority.
are substituted for ‘‘inure to’’ for consistency in the re-
vised title.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1290.)
HISTORICAL AND REVISION NOTES
§ 20708. Duty to maintain tax-exempt status Revised
Section Source (U.S. Code) Source (Statutes at Large)
The corporation shall maintain its status as
an organization exempt from taxation under the 20711 .......... 36:1909. June 1, 1982, Pub. L. 97–192,
§ 9, 96 Stat. 110.
Internal Revenue Code of 1986 (26 U.S.C. 1 et
seq.). If the corporation does not maintain that § 20712. Annual report
status, the charter granted by this chapter ex-
pires. The corporation shall submit an annual report
to Congress on the activities of the corporation
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1289.)
during the prior fiscal year. The report shall be
HISTORICAL AND REVISION NOTES submitted at the same time as the report of the
audit required by section 10101 of this title. The
Revised
Section Source (U.S. Code) Source (Statutes at Large) report may not be printed as a public document.
20708 .......... 36:1914. June 1, 1982, Pub. L. 97–192, (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1290.)
§ 15, 96 Stat. 111.
HISTORICAL AND REVISION NOTES

Revised Source (U.S. Code) Source (Statutes at Large)


§ 20709. Records and inspection Section

(a) RECORDS.—The corporation shall keep— 20712 .......... 36:1911. June 1, 1982, Pub. L. 97–192,
§ 12, 96 Stat. 111.
(1) correct and complete records of account;
(2) minutes of the proceedings of its mem- CHAPTER 209—AMERICAN EX-PRISONERS OF
bers, board of directors, and committees hav- WAR
ing any of the authority of its board of direc-
tors; and Sec.
(3) at its principal office, a record of the 20901. Definition.
names and addresses of its members entitled 20902. Organization.
to vote. 20903. Purposes.
20904. Membership.
(b) INSPECTION.—A member entitled to vote, or 20905. Governing body.
an agent or attorney of the member, may in- 20906. Powers.
spect the records of the corporation for any 20907. Exclusive right to name and emblem.
20908. Restrictions.
proper purpose, at any reasonable time.
20909. Duty to maintain corporate and tax-exempt
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1289.) status.
§ 20901 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 64
AND ORGANIZATIONS

Sec. Before clause (1), the words ‘‘objects and’’ are omit-
20910. Records and inspection. ted as unnecessary.
20911. Service of process. In clause (5), the words ‘‘of America’’ are omitted for
20912. Liability for acts of officers and agents. consistency.
20913. Annual report.
§ 20904. Membership
§ 20901. Definition
Except as provided in this chapter, eligibility
For purposes of this chapter, ‘‘State’’ includes
for membership in the corporation and the
the District of Columbia and the territories and
rights and privileges of members are as provided
possessions of the United States.
in the bylaws.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1290.)
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1291.)
HISTORICAL AND REVISION NOTES
HISTORICAL AND REVISION NOTES
Revised Source (U.S. Code) Source (Statutes at Large)
Section Revised Source (U.S. Code) Source (Statutes at Large)
Section
20901 .......... 36:2113. Aug. 10, 1982, Pub. L. 97–234,
§ 14, 96 Stat. 263. 20904 .......... 36:2105. Aug. 10, 1982, Pub. L. 97–234,
§ 5, 96 Stat. 262.
The words ‘‘the Commonwealth of Puerto Rico’’ are
omitted as included in ‘‘the territories and possessions § 20905. Governing body
of the United States’’.
(a) BOARD OF DIRECTORS.—The board of direc-
§ 20902. Organization tors and the responsibilities of the board are as
provided in the articles of incorporation.
(a) FEDERAL CHARTER.—American Ex-Pris-
(b) OFFICERS.—The officers and the election of
oners of War (in this chapter, the ‘‘corpora-
officers are as provided in the articles of incor-
tion’’), a nonprofit corporation incorporated in
poration.
the State of Washington, is a federally chartered
corporation. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1291.)
(b) EXPIRATION OF CHARTER.—If the corpora-
HISTORICAL AND REVISION NOTES
tion does not comply with any provision of this
chapter, the charter granted by this chapter ex- Revised
Source (U.S. Code) Source (Statutes at Large)
pires. Section

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1290.) 20905(a) ...... 36:2106. Aug. 10, 1982, Pub. L. 97–234,
§§ 6, 7, 96 Stat. 262.
20905(b) ...... 36:2107.
HISTORICAL AND REVISION NOTES

Revised The words ‘‘and in conformity with the laws of the


Section Source (U.S. Code) Source (Statutes at Large) State or States in which it is incorporated’’ in 36:2106
and ‘‘and in conformity with the laws of the State or
20902(a) ...... 36:2101. Aug. 10, 1982, Pub. L. 97–234, States wherein it is incorporated’’ in 36:2107 are omit-
§§ 1, 15 (last sentence), 17,
96 Stat. 261, 263, 264. ted as unnecessary.
20902(b) ...... 36:2114 (last sen-
tence). § 20906. Powers
36:2116.
The corporation has only the powers provided
This section is substituted for the source provisions in its bylaws and articles of incorporation filed
for consistency in the revised title and to eliminate ex-
in each State in which it is incorporated.
ecuted and unnecessary words.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1291.)
§ 20903. Purposes
HISTORICAL AND REVISION NOTES
The purposes of the corporation are as pro-
vided in the articles of incorporation and in- Revised
Source (U.S. Code) Source (Statutes at Large)
Section
clude—
(1) encouraging fraternity for the common 20906 .......... 36:2102. Aug. 10, 1982, Pub. L. 97–234,
good; § 2, 96 Stat. 261.
(2) fostering patriotism and loyalty;
(3) assisting widows and orphans of deceased The words ‘‘and subject to the laws of such State or
States’’ are omitted as unnecessary.
ex-prisoners of war;
(4) assisting ex-prisoners of war who have § 20907. Exclusive right to name and emblem
been injured or disabled as a result of their
service; The corporation has the exclusive right to use
(5) maintaining allegiance to the United and to allow others to use the name ‘‘American
States; Ex-Prisoners of War’’ and the official American
(6) preserving and defending the United Ex-Prisoners of War emblem or any colorable
States from all enemies; and simulation of that emblem. This section does
(7) maintaining historical records. not affect any vested rights.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1290.) (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1291.)
HISTORICAL AND REVISION NOTES HISTORICAL AND REVISION NOTES

Revised Revised Source (U.S. Code) Source (Statutes at Large)


Section Source (U.S. Code) Source (Statutes at Large) Section

20903 .......... 36:2103. Aug. 10, 1982, Pub. L. 97–234, 20907 .......... 36:2115. Aug. 10, 1982, Pub. L. 97–234,
§ 3, 96 Stat. 261. § 16, 96 Stat. 263.
Page 65 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 20912
AND ORGANIZATIONS

The words ‘‘This section does not affect any vested HISTORICAL AND REVISION NOTES
rights’’ are substituted for ‘‘No powers or privileges
hereby granted shall, however, interfere or conflict Revised
Section Source (U.S. Code) Source (Statutes at Large)
with established or vested rights’’ for consistency in
the revised title and to eliminate unnecessary words. 20909(a) ...... 36:2108(f). Aug. 10, 1982, Pub. L. 97–234,
§§ 8(f), 15 (1st sentence), 96
Stat. 262, 263.
20909(b) ...... 36:2114 (1st sen-
§ 20908. Restrictions tence).

(a) STOCK AND DIVIDENDS.—The corporation In subsection (a), the words ‘‘organized and’’ are
may not issue stock or declare or pay a divi- omitted as unnecessary.
dend.
(b) POLITICAL ACTIVITIES.—The corporation or § 20910. Records and inspection
a director or officer as such may not contribute
to, support, or participate in any political activ- (a) RECORDS.—The Corporation shall keep—
ity or in any manner attempt to influence legis- (1) correct and complete records of account;
lation. (2) minutes of the proceedings of its mem-
(c) DISTRIBUTION OF INCOME OR ASSETS.—The bers, board of directors, and committees hav-
income or assets of the corporation may not ing any of the authority of its board of direc-
inure to the benefit of, or be distributed to, a di- tors; and
rector, officer, or member during the life of the (3) at its principal office, a record of the
charter granted by this chapter. This subsection names and addresses of its members entitled
does not prevent the payment of reasonable to vote.
compensation to an officer or reimbursement for (b) INSPECTION.—A member entitled to vote, or
actual necessary expenses in amounts approved an agent or attorney of the member, may in-
by the board of directors. spect the records of the corporation for any
(d) LOANS.—The corporation may not make a proper purpose, at any reasonable time.
loan to a director, officer, or employee.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1292.)
(e) CLAIM OF GOVERNMENTAL APPROVAL OR AU-
THORITY.—The corporation may not claim con- HISTORICAL AND REVISION NOTES
gressional approval or the authority of the
Revised
United States Government for any of its activi- Section Source (U.S. Code) Source (Statutes at Large)
ties.
20910 .......... 36:2110. Aug. 10, 1982, Pub. L. 97–234,
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1291; Pub. § 10, 96 Stat. 263.
L. 109–284, § 5(5), Sept. 27, 2006, 120 Stat. 1212.)
The word ‘‘records’’ is substituted for ‘‘books and
HISTORICAL AND REVISION NOTES records’’ for consistency in the revised title and with
other titles of the United States Code. The words
Revised
Source (U.S. Code) Source (Statutes at Large) ‘‘Nothing in this section shall be construed to con-
Section travene any applicable State law’’ are omitted as un-
20908(a) ...... 36:2108(d). Aug. 10, 1982, Pub. L. 97–234, necessary.
§ 8(a)–(e), 96 Stat. 262.
20908(b) ...... 36:2108(c).
20908(c) ...... 36:2108(a). § 20911. Service of process
20908(d) ...... 36:2108(b).
20908(e) ...... 36:2108(e). The corporation shall comply with the law on
service of process of each State in which it is in-
In subsection (a), the words ‘‘any shares of’’ are omit- corporated and each State in which it carries on
ted as unnecessary. activities.
In subsection (b), the words ‘‘as such’’ are substituted
for ‘‘acting as such officer or director’’ for consistency (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1292.)
in the revised title and to eliminate unnecessary words.
In subsection (c), the words ‘‘inure to the benefit of’’ HISTORICAL AND REVISION NOTES
are substituted for ‘‘inure to’’ for consistency in the re- Revised
vised title. Section Source (U.S. Code) Source (Statutes at Large)

20911 .......... 36:2104. Aug. 10, 1982, Pub. L. 97–234,


AMENDMENTS § 4, 96 Stat. 262.

2006—Subsec. (c). Pub. L. 109–284 substituted ‘‘board The words ‘‘in furtherance of its corporate purposes’’
of directors’’ for ‘‘board or directors’’. are omitted as unnecessary.

§ 20909. Duty to maintain corporate and tax-ex- § 20912. Liability for acts of officers and agents
empt status The corporation is liable for the acts of its of-
(a) CORPORATE STATUS.—The corporation shall ficers and agents acting within the scope of
maintain its status as a corporation incor- their authority.
porated under the laws of the State of Washing- (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1292.)
ton.
(b) TAX-EXEMPT STATUS.—The corporation HISTORICAL AND REVISION NOTES
shall maintain its status as an organization ex- Revised Source (U.S. Code) Source (Statutes at Large)
empt from taxation under the Internal Revenue Section
Code of 1986 (26 U.S.C. 1 et seq.). 20912 .......... 36:2109. Aug. 10, 1982, Pub. L. 97–234,
§ 9, 96 Stat. 263.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1291.)
§ 20913 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 66
AND ORGANIZATIONS

§ 20913. Annual report HISTORICAL AND REVISION NOTES

The corporation shall submit an annual report Revised


Source (U.S. Code) Source (Statutes at Large)
Section
to Congress on the activities of the corporation
during the prior fiscal year. The report shall be 21002(a) ...... 36 App.:5901. Aug. 13, 1998, Pub. L.
105–231, §§ 1, 14 (related to
submitted at the same time as the report of the termination of charter),
audit required by section 10101 of this title. The 15, 112 Stat. 1530, 1532.
21002(b) ...... 36 App.:5913 (related
report may not be printed as a public document. to termination of
charter).
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1292.) 36 App.:5914.

HISTORICAL AND REVISION NOTES


This section is substituted for the source provisions
Revised for consistency in the revised title and to eliminate un-
Section Source (U.S. Code) Source (Statutes at Large) necessary words.
20913 .......... 36:2111. Aug. 10, 1982, Pub. L. 97–234,
§ 12, 96 Stat. 263.
§ 21003. Purposes
TERMINATION OF REPORTING REQUIREMENTS (a) GENERAL.—The purposes of the corporation
are as provided in its bylaws and articles of in-
For termination, effective May 15, 2000, of reporting
provisions in this section, see section 3003 of Pub. L. corporation and include—
104–66, as amended, set out as a note under section 1113 (1) securing the blessing of American democ-
of Title 31, Money and Finance, and page 196 of House racy at every level of local, State, and na-
Document No. 103–7. tional life for all United States citizens;
(2) upholding and defending the Constitution
CHAPTER 210—AMERICAN GI FORUM OF and the United States flag;
THE UNITED STATES (3) fostering and perpetuating the principles
Sec. of American democracy based on religious and
21001. Definition. political freedom for the individual and equal
21002. Organization. opportunity for all;
21003. Purposes. (4) fostering and enlarging equal educational
21004. Membership. opportunities, equal economic opportunities,
21005. Governing body. equal justice under the law, and equal politi-
21006. Powers.
cal opportunities for all United States citi-
21007. Restrictions.
21008. Duty to maintain corporate and tax-exempt zens, regardless of race, color, religion, sex, or
status. national origin;
21009. Records and inspection. (5) encouraging greater participation of the
21010. Service of process. ethnic minority represented by the corpora-
21011. Liability for acts of officers and agents. tion in the policy-making and administrative
21012. Annual report. activities of all departments, agencies, and
other governmental units of local and State
§ 21001. Definition governments and the United States Govern-
For purposes of this chapter, ‘‘State’’ includes ment;
the District of Columbia and the territories and (6) combating all practices of a prejudicial or
possessions of the United States. discriminatory nature in local, State, or na-
tional life which curtail, hinder, or deny to
(Added Pub. L. 105–354, § 1(5)(A), Nov. 3, 1998, 112 any United States citizen an equal oppor-
Stat. 3242.) tunity to develop full potential as an individ-
HISTORICAL AND REVISION NOTES ual; and
(7) fostering and promoting the broader
Revised knowledge and appreciation by all United
Section Source (U.S. Code) Source (Statutes at Large)
States citizens of their cultural heritage and
21001 .......... 36 App.:5915. Aug. 13, 1998, Pub. L. language.
105–231, § 16, 112 Stat. 1532.
(b) CORPORATE FUNCTION.—The corporation
The words ‘‘the Commonwealth of Puerto Rico, the shall function as an educational, patriotic, civic,
Commonwealth of the Northern Mariana Islands’’ are
omitted as included in ‘‘the territories and possessions
historical, and research organization under the
of the United States’’. laws of Texas.
(Added Pub. L. 105–354, § 1(5)(A), Nov. 3, 1998, 112
§ 21002. Organization Stat. 3242.)
(a) FEDERAL CHARTER.—American GI Forum of HISTORICAL AND REVISION NOTES
the United States (in this chapter, the ‘‘corpora-
tion’’), a nonprofit corporation incorporated in Revised
Section Source (U.S. Code) Source (Statutes at Large)
Texas, is a federally chartered corporation.
(b) EXPIRATION OF CHARTER.—If the corpora- 21003(a) ...... 36 App.:5903. Aug. 13, 1998, Pub. L.
105–231, §§ 3, 8(f), 112 Stat.
tion does not comply with any provision of this 1530, 1531.
chapter, the charter granted by this chapter ex- 21003(b) ...... 36 App.:5908(f).
pires.
In clause (5), the words ‘‘United States Government’’
(Added Pub. L. 105–354, § 1(5)(A), Nov. 3, 1998, 112 are substituted for ‘‘Federal Government’’ for consist-
Stat. 3242.) ency in the revised title.
Page 67 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 21008
AND ORGANIZATIONS

§ 21004. Membership § 21006. Powers


(a) ELIGIBILITY.—Except as provided in this The corporation has only the powers provided
chapter, eligibility for membership in the cor- in its bylaws and articles of incorporation filed
poration and the rights and privileges of mem- in each State in which it is incorporated.
bers are as provided in the bylaws and articles of (Added Pub. L. 105–354, § 1(5)(A), Nov. 3, 1998, 112
incorporation. Stat. 3243.)
(b) NONDISCRIMINATION.—The terms of mem-
HISTORICAL AND REVISION NOTES
bership may not discriminate on the basis of
race, color, religion, sex, disability, age, or na- Revised Source (U.S. Code) Source (Statutes at Large)
tional origin. Section

21006 .......... 36 App.:5902. Aug. 13, 1998, Pub. L.


(Added Pub. L. 105–354, § 1(5)(A), Nov. 3, 1998, 112 105–231, § 2, 112 Stat. 1530.
Stat. 3243.)
The words ‘‘each State in which it is incorporated’’
HISTORICAL AND REVISION NOTES are substituted for ‘‘the State of Texas’’ for consist-
ency in the revised title. The words ‘‘and subject to the
Revised
Section Source (U.S. Code) Source (Statutes at Large) laws of the State of Texas’’ are omitted as unnecessary.

21004(a) ...... 36 App.:5905. Aug. 13, 1998, Pub. L. § 21007. Restrictions


105–231, §§ 5, 8(g) (related
to membership), 112 Stat. (a) STOCK AND DIVIDENDS.—The corporation
1531.
21004(b) ...... 36 App.:5908(g) (re- may not issue stock or declare or pay a divi-
lated to member- dend.
ship).
(b) DISTRIBUTION OF INCOME OR ASSETS.—The
income or assets of the corporation may not
In subsection (a), the words ‘‘Except as provided in
this chapter’’ are substituted for ‘‘Except as provided
inure to the benefit of, or be distributed to, a di-
in section 5908(g) of this title’’ for consistency in the rector, officer, or member during the life of the
revised title. charter granted by this chapter. This subsection
In subsection (b), the words ‘‘The terms of member- does not prevent the payment of reasonable
ship’’ are substituted for ‘‘In establishing the condi- compensation to an officer or employee or reim-
tions of membership in the corporation’’ for consist- bursement for actual necessary expenses in
ency in the revised title and to eliminate unnecessary amounts approved by the board of directors.
words. (c) LOANS.—The corporation may not make a
loan to a director, officer, employee, or member.
(d) CLAIM OF GOVERNMENTAL APPROVAL OR AU-
§ 21005. Governing body
THORITY.—The corporation may not claim con-
(a) BOARD OF DIRECTORS.—The board of direc- gressional approval or the authority of the
tors and the responsibilities of the board are as United States Government for any of its activi-
provided in the bylaws and articles of incorpora- ties.
tion. (Added Pub. L. 105–354, § 1(5)(A), Nov. 3, 1998, 112
(b) OFFICERS.—The officers and the election of Stat. 3243.)
officers are as provided in the bylaws and arti-
HISTORICAL AND REVISION NOTES
cles of incorporation.
(c) NONDISCRIMINATION.—The requirements for Revised Source (U.S. Code) Source (Statutes at Large)
Section
serving as a director or officer may not discrimi-
nate on the basis of race, color, religion, sex, 21007(a) ...... 36 App.:5908(c). Aug. 13, 1998, Pub. L.
105–231, § 8(a)–(d), 112 Stat.
disability, age, or national origin. 1531.
21007(b) ...... 36 App.:5908(a).
(Added Pub. L. 105–354, § 1(5)(A), Nov. 3, 1998, 112 21007(c) ...... 36 App.:5908(b).
21007(d) ...... 36 App.:5908(d).
Stat. 3243.)
HISTORICAL AND REVISION NOTES In subsection (a), the words ‘‘any shares of’’ are omit-
ted as unnecessary.
Revised Source (U.S. Code) Source (Statutes at Large)
In subsection (b), the words ‘‘This subsection does
Section not’’ are substituted for ‘‘Nothing in this subsection
21005(a) ...... 36 App.:5906. Aug. 13, 1998, Pub. L. may be construed to’’ for consistency in the revised
105–231, §§ 6, 7, 8(g) (related title.
to directors and officers), In subsection (d), the words ‘‘by virtue of this chap-
112 Stat. 1531.
21005(b) ...... 36 App.:5907. ter’’ are omitted as unnecessary.
21005(c) ...... 36 App.:5908(g) (re-
lated to directors § 21008. Duty to maintain corporate and tax-ex-
and officers). empt status
In subsections (a) and (b), the words ‘‘Except as pro- (a) CORPORATE STATUS.—The corporation shall
vided in section 5908(g) of this title’’ and ‘‘and in con- maintain its status as a corporation incor-
formity with the laws of the State of Texas’’ are omit- porated under the laws of Texas.
ted as unnecessary. (b) TAX-EXEMPT STATUS.—The corporation
In subsection (c), the words ‘‘The requirements for shall maintain its status as an organization ex-
serving as a director or officer’’ are substituted for ‘‘in empt from taxation under the Internal Revenue
determining the requirements for serving on the board Code of 1986 (26 U.S.C. 1 et seq.).
of directors or as an officer of the association’’ for con-
sistency in the revised title and to eliminate unneces- (Added Pub. L. 105–354, § 1(5)(A), Nov. 3, 1998, 112
sary words. Stat. 3243.)
§ 21009 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 68
AND ORGANIZATIONS

HISTORICAL AND REVISION NOTES HISTORICAL AND REVISION NOTES

Revised Revised
Section Source (U.S. Code) Source (Statutes at Large) Section Source (U.S. Code) Source (Statutes at Large)

21008(a) ...... 36 App.:5908(e). Aug. 13, 1998, Pub. L. 21011 .......... 36 App.:5909. Aug. 13, 1998, Pub. L.
105–231, §§ 8(e), 14 (related 105–231, § 9, 112 Stat. 1532.
to duty to maintain
status), 112 Stat. 1531,
1532. The words ‘‘officers and agents’’ are substituted for
21008(b) ...... 36 App.:5913 (related ‘‘officers, directors, employees, and agents’’ for consist-
to duty to main- ency in the revised title and to eliminate unnecessary
tain status).
words.
In subsection (a), the words ‘‘organized and’’ are § 21012. Annual report
omitted as unnecessary.
The corporation shall submit an annual report
§ 21009. Records and inspection to Congress on the activities of the corporation
during the prior fiscal year. The report shall be
(a) RECORDS.—The corporation shall keep— submitted at the same time as the report of the
(1) correct and complete records of account; audit required by section 10101 of this title. The
(2) minutes of the proceedings of its mem- report may not be printed as a public document.
bers, board of directors, and committees hav-
(Added Pub. L. 105–354, § 1(5)(A), Nov. 3, 1998, 112
ing any of the authority of its board of direc-
Stat. 3244.)
tors; and
(3) at its principal office, a record of the HISTORICAL AND REVISION NOTES
names and addresses of its members entitled
to vote. Revised Source (U.S. Code) Source (Statutes at Large)
Section
(b) INSPECTION.—A member entitled to vote, or 21012 .......... 36 App.:5911. Aug. 13, 1998, Pub. L.
an agent or attorney of the member, may in- 105–231, § 12, 112 Stat. 1532.
spect the records of the corporation for any
proper purpose, at any reasonable time. CHAPTER 211—AMERICAN GOLD STAR
MOTHERS, INCORPORATED
(Added Pub. L. 105–354, § 1(5)(A), Nov. 3, 1998, 112
Stat. 3243.) Sec.
21101. Definition.
HISTORICAL AND REVISION NOTES 21102. Organization.
21103. Purposes.
Revised
Section Source (U.S. Code) Source (Statutes at Large) 21104. Membership.
21105. Governing body.
21009 .......... 36 App.:5910. Aug. 13, 1998, Pub. L. 21106. Powers.
105–231, § 10, 112 Stat. 1532. 21107. Restrictions.
21108. Duty to maintain corporate and tax-exempt
The word ‘‘records’’ is substituted for ‘‘books and status.
records’’ for consistency in the revised title and with 21109. Records and inspection.
other titles of the United States Code. The words ‘‘This 21110. Service of process.
section may not be construed to contravene any appli- 21111. Liability for acts of officers and agents.
cable State law’’ are omitted as unnecessary. 21112. Annual report.

§ 21010. Service of process § 21101. Definition


For purposes of this chapter, ‘‘State’’ includes
The corporation shall comply with the law on
the District of Columbia and the territories and
service of process of each State in which it is in-
possessions of the United States.
corporated and each State in which it carries on
activities. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1292.)
(Added Pub. L. 105–354, § 1(5)(A), Nov. 3, 1998, 112 HISTORICAL AND REVISION NOTES
Stat. 3244.)
Revised Source (U.S. Code) Source (Statutes at Large)
HISTORICAL AND REVISION NOTES Section

21101 .......... 36:2413. June 12, 1984, Pub. L. 98–314,


Revised Source (U.S. Code) Source (Statutes at Large) § 14, 98 Stat. 239.
Section

21010 .......... 36 App.:5904. Aug. 13, 1998, Pub. L. The words ‘‘the Commonwealth of Puerto Rico’’ are
105–231, § 4, 112 Stat. 1531. omitted as included in ‘‘the territories and possessions
of the United States’’.
The words ‘‘each State in which it is incorporated’’
are substituted for ‘‘the State of Texas’’ for consist- § 21102. Organization
ency in the revised title. The words ‘‘in furtherance of
its corporate purposes’’ are omitted as unnecessary. (a) FEDERAL CHARTER.—American Gold Star
Mothers, Incorporated (in this chapter, the ‘‘cor-
§ 21011. Liability for acts of officers and agents poration’’), incorporated in the District of Co-
lumbia, is a federally chartered corporation.
The corporation is liable for the acts of its of- (b) EXPIRATION OF CHARTER.—If the corpora-
ficers and agents acting within the scope of tion does not comply with any provision of this
their authority. chapter, the charter granted by this chapter ex-
(Added Pub. L. 105–354, § 1(5)(A), Nov. 3, 1998, 112 pires.
Stat. 3244.) (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1292.)
Page 69 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 21107
AND ORGANIZATIONS

HISTORICAL AND REVISION NOTES (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1293.)
Revised
Source (U.S. Code) Source (Statutes at Large) HISTORICAL AND REVISION NOTES
Section
Revised Source (U.S. Code) Source (Statutes at Large)
21102(a) ...... 36:2401. June 12, 1984, Pub. L. 98–314, Section
§§ 1, 15 (last sentence), 16,
98 Stat. 237, 239.
21102(b) ...... 36:2414 (last sen- 21104(a) ...... 36:2405 (words before June 12, 1984, Pub. L. 98–314,
tence). 3d comma). §5 (words before 3d
36:2415. comma, words after 3d
comma related to dis-
crimination in member-
This section is substituted for the source provisions ship), 98 Stat. 238.
for consistency in the revised title and to eliminate un- 21104(b) ...... 36:2405 (words after
3d comma related
necessary words. to discrimination
in membership).
§ 21103. Purposes
The purposes of the corporation are as pro- § 21105. Governing body
vided in the articles of incorporation and in-
(a) BOARD OF DIRECTORS.—The board of direc-
clude a continuing commitment, on a national
tors and the responsibilities of the board are as
basis, to—
(1) keep alive and develop the spirit that provided in the articles of incorporation.
promoted world services; (b) OFFICERS.—The officers and the election of
(2) maintain the ties of fellowship born of officers are as provided in the articles of incor-
that service, and assist and further all patri- poration.
otic work; (c) NONDISCRIMINATION.—The requirements for
(3) inculcate a sense of individual obligation holding office in the corporation may not dis-
to the community, State, and Nation; criminate on the basis of race, color, religion, or
(4) assist veterans of World War I, World War national origin.
II, the Korean Conflict, Vietnam, and other (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1293.)
strategic areas and their dependents in the
presentation of claims to the Department of HISTORICAL AND REVISION NOTES
Veterans Affairs, and aid in any way in their Revised
power the men and women who served and died Section Source (U.S. Code) Source (Statutes at Large)
or were wounded or incapacitated during hos- 21105(a) ...... 36:2406. June 12, 1984, Pub. L. 98–314,
tilities; §§ 5 (words after 3d comma
(5) perpetuate the memory of those whose related to discrimination
in holding office), 6, 7, 98
lives were sacrificed in our wars; Stat. 238.
(6) maintain true allegiance to the United 21105(b) ...... 36:2407.
21105(c) ...... 36:2405 (words after
States; 3d comma related
(7) inculcate lessons of patriotism and love to discrimination
in holding office).
of country in the communities in which we
live; The words ‘‘and in conformity with the laws of the
(8) inspire respect for the Stars and Stripes State or States in which it is incorporated’’ in 36:2406
in the youth of America; and ‘‘and in conformity with the laws of the State or
(9) extend needful assistance to all Gold Star States wherein it is incorporated’’ in 36:2407 are omit-
Mothers and, when possible, to their descend- ted as unnecessary.
ants; and
(10) promote peace and good will for the § 21106. Powers
United States and all other Nations.
The corporation has only the powers provided
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1292.) in its bylaws and articles of incorporation filed
in each State in which it is incorporated.
HISTORICAL AND REVISION NOTES
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1293.)
Revised Source (U.S. Code) Source (Statutes at Large)
Section HISTORICAL AND REVISION NOTES
21103 .......... 36:2403. June 12, 1984, Pub. L. 98–314,
§ 3, 98 Stat. 237; June 13, Revised
Section Source (U.S. Code) Source (Statutes at Large)
1991, Pub. L. 102–54,
§ 13(n)(6), 105 Stat. 278.
21106 .......... 36:2402. June 12, 1984, Pub. L. 98–314,
§ 2, 98 Stat. 237.
Before clause (1), the word ‘‘objects’’ is omitted as in-
cluded in ‘‘purposes’’.
The words ‘‘and subject to the laws of such State or
In clause (6), the words ‘‘of America’’ are omitted for
States’’ are omitted as unnecessary.
consistency in the revised title and with other titles of
the United States Code.
§ 21107. Restrictions
§ 21104. Membership (a) STOCK AND DIVIDENDS.—The corporation
(a) ELIGIBILITY.—Except as provided in this may not issue stock or declare or pay a divi-
chapter, eligibility for membership in the cor- dend.
poration and the rights and privileges of mem- (b) DISTRIBUTION OF INCOME OR ASSETS.—The
bers are as provided in the constitution and by- income or assets of the corporation may not
laws. inure to the benefit of, or be distributed to, a di-
(b) NONDISCRIMINATION.—The terms of mem- rector, officer, or member during the life of the
bership may not discriminate on the basis of charter granted by this chapter. This subsection
race, color, religion, or national origin. does not prevent the payment of reasonable
§ 21108 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 70
AND ORGANIZATIONS

compensation to an officer or reimbursement for HISTORICAL AND REVISION NOTES


actual necessary expenses in amounts approved
Revised
by the board of directors. Section Source (U.S. Code) Source (Statutes at Large)
(c) LOANS.—The corporation may not make a 21109 .......... 36:2410. June 12, 1984, Pub. L. 98–314,
loan to a director, officer, or employee. § 10, 98 Stat. 238.
(d) CLAIM OF GOVERNMENTAL APPROVAL OR AU-
THORITY.—The corporation may not claim con- The word ‘‘records’’ is substituted for ‘‘books and
gressional approval or the authority of the records’’ for consistency in the revised title and with
other titles of the United States Code. The words
United States Government for any of its activi-
‘‘Nothing in this section shall be construed to con-
ties. travene any applicable State law’’ are omitted as un-
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1293.) necessary.

HISTORICAL AND REVISION NOTES § 21110. Service of process


Revised The corporation shall comply with the law on
Source (U.S. Code) Source (Statutes at Large)
Section service of process of each State in which it is in-
21107(a) ...... 36:2408(c). June 12, 1984, Pub. L. 98–314, corporated and each State in which it carries on
§ 8(a)–(d), 98 Stat. 238. activities.
21107(b) ...... 36:2408(a).
21107(c) ...... 36:2408(b). (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1294.)
21107(d) ...... 36:2408(d).
HISTORICAL AND REVISION NOTES
In subsection (a), the words ‘‘any shares of’’ are omit-
ted as unnecessary. Revised Source (U.S. Code) Source (Statutes at Large)
Section
In subsection (b), the words ‘‘inure to the benefit of’’
are substituted for ‘‘inure to’’ for consistency in the re- 21110 .......... 36:2404. June 12, 1984, Pub. L. 98–314,
vised title. § 4, 98 Stat. 238.

§ 21111. Liability for acts of officers and agents


§ 21108. Duty to maintain corporate and tax-ex-
empt status The corporation is liable for the acts of its of-
ficers and agents acting within the scope of
(a) CORPORATE STATUS.—The corporation shall
their authority.
maintain its status as a corporation incor-
porated under the laws of each State in which it (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1294.)
is incorporated.
HISTORICAL AND REVISION NOTES
(b) TAX-EXEMPT STATUS.—The corporation
shall maintain its status as an organization ex- Revised
Source (U.S. Code) Source (Statutes at Large)
Section
empt from taxation under the Internal Revenue
Code of 1986 (26 U.S.C. 1 et seq.). 21111 .......... 36:2409. June 12, 1984, Pub. L. 98–314,
§ 9, 98 Stat. 238.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1294.)
HISTORICAL AND REVISION NOTES § 21112. Annual report

Revised The corporation shall submit an annual report


Source (U.S. Code) Source (Statutes at Large)
Section to Congress on the activities of the corporation
21108(a) ...... 36:2408(e). June 12, 1984, Pub. L. 98–314,
during the prior fiscal year. The report shall be
§§ 8(e), 15 (1st sentence), 98 submitted at the same time as the report of the
Stat. 238, 239. audit required by section 10101 of this title. The
21108(b) ...... 36:2414 (1st sen-
tence). report may not be printed as a public document.

In subsection (a), the words ‘‘organized and’’ are


(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1294.)
omitted as unnecessary. The words ‘‘each State’’ are HISTORICAL AND REVISION NOTES
substituted for ‘‘State or States’’ for consistency in the
revised title and to eliminate unnecessary words. Revised
Section Source (U.S. Code) Source (Statutes at Large)

21112 .......... 36:2411. June 12, 1984, Pub. L. 98–314,


§ 21109. Records and inspection § 12, 98 Stat. 239.
(a) RECORDS.—The corporation shall keep—
TERMINATION OF REPORTING REQUIREMENTS
(1) correct and complete records of account;
(2) minutes of the proceedings of its mem- For termination, effective May 15, 2000, of reporting
bers, board of directors, and committees hav- provisions in this section, see section 3003 of Pub. L.
104–66, as amended, set out as a note under section 1113
ing any of the authority of its board of direc- of Title 31, Money and Finance, and page 196 of House
tors; and Document No. 103–7.
(3) at its principal office, a record of the
names and addresses of its members entitled CHAPTER 213—AMERICAN HISTORICAL
to vote. ASSOCIATION
(b) INSPECTION.—A member entitled to vote, or Sec.
an agent or attorney of the member, may in- 21301. Organization.
spect the records of the corporation for any 21302. Purposes.
proper purpose, at any reasonable time. 21303. Powers.
21304. Annual meeting.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1294.) 21305. Principal office.
Page 71 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 21307
AND ORGANIZATIONS

Sec. tions 2, 3, and 5 of the Act entitled ‘An Act to define


21306. Historical collections. the real property exempt from taxation in the District
21307. Annual report. of Columbia’, approved December 24, 1942 (56 Stat. 1089;
D.C. Code, secs. 47–801b, 47–801c, and 47–801e).’’
§ 21301. Organization
§ 21304. Annual meeting
American Historical Association (in this chap-
ter, the ‘‘corporation’’) is a body corporate and The corporation may hold its annual meeting
politic in the District of Columbia. in a place the members of the corporation se-
lect.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1294.)
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1295.)
HISTORICAL AND REVISION NOTES
HISTORICAL AND REVISION NOTES
Revised Source (U.S. Code) Source (Statutes at Large)
Section Revised
Section Source (U.S. Code) Source (Statutes at Large)
21301 .......... 36:20 (1st sentence Jan. 4, 1889, ch. 20, (1st sen-
words before ‘‘for tence words before ‘‘for 21304 .......... 36:20 (3d sentence Jan. 4, 1889, ch. 20, (3d sen-
the promotion’’). the promotion’’), 25 Stat. words after 2d tence words after 2d
640. comma). comma), 25 Stat. 640.

This section is substituted for the source provisions The words ‘‘members of the corporation’’ are sub-
for consistency in the revised title and to eliminate ex- stituted for ‘‘said incorporators’’ to reflect the probable
ecuted and unnecessary words. intent.

§ 21302. Purposes § 21305. Principal office


The purposes of the corporation are— The principal office of the corporation shall be
(1) to promote historical studies; in the District of Columbia.
(2) to collect and preserve historical manu- (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1295.)
scripts; and
(3) other kindred purposes in the interest of HISTORICAL AND REVISION NOTES
American history and of history in America. Revised
Section Source (U.S. Code) Source (Statutes at Large)
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1294.)
21305 .......... 36:20 (3d sentence Jan. 4, 1889, ch. 20, (3d sen-
HISTORICAL AND REVISION NOTES words before 2d tence words before 2d
comma). comma), 25 Stat. 640.
Revised
Section Source (U.S. Code) Source (Statutes at Large)
§ 21306. Historical collections
21302 .......... 36:20 (1st sentence Jan. 4, 1889, ch. 20, (1st sen-
words beginning tence words beginning The Regents of the Smithsonian Institution
with ‘‘for the pro- with ‘‘for the pro-
motion’’). motion’’), 25 Stat. 640. may allow the corporation to deposit its collec-
tions, manuscripts, books, pamphlets, and other
§ 21303. Powers historical material in the Smithsonian Institu-
tion or the National Museum on conditions and
The corporation may— under regulations the Regents prescribe.
(1) adopt a constitution and bylaws; and (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1295.)
(2) hold property in the District of Columbia
necessary to carry out the purposes of the cor- HISTORICAL AND REVISION NOTES
poration.
Revised Source (U.S. Code) Source (Statutes at Large)
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1295.) Section

21306 .......... 36:20 (last sentence). Jan. 4, 1889, ch. 20, (last sen-
HISTORICAL AND REVISION NOTES tence), 25 Stat. 640.
Revised
Section Source (U.S. Code) Source (Statutes at Large) The words ‘‘historical material’’ are substituted for
‘‘material for history’’ for clarity. The words ‘‘at their
21303 .......... 36:20 (2d sentence). Jan. 4, 1889, ch. 20, (2d sen- discretion’’ are omitted as unnecessary.
tence), 25 Stat. 640; July 3,
1957, Pub. L. 85–83, § 1, 71
Stat. 276. § 21307. Annual report
The corporation shall submit an annual report
In clause (1), the words ‘‘not inconsistent with law’’
are omitted as unnecessary.
to the Secretary of the Smithsonian Institution
In clause (2), the word ‘‘property’’ is substituted for on the activities of the corporation and the con-
‘‘real and personal estate’’, and the word ‘‘necessary’’ is dition of historical study in America. The Sec-
substituted for ‘‘so far only as may be necessary’’, to retary shall submit to Congress any part of the
eliminate unnecessary words. The words ‘‘to carry out report the Secretary decides is appropriate.
the purposes of the corporation’’ are substituted for ‘‘to
its lawful ends’’ for consistency in the revised title. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1295.)

TAX EXEMPTION OF REAL PROPERTY HISTORICAL AND REVISION NOTES

Pub. L. 85–83, § 2, July 3, 1957, 71 Stat. 277, provided Revised Source (U.S. Code) Source (Statutes at Large)
that: ‘‘The real property situated in Square 817, in the Section
city of Washington, District of Columbia, described as 21307 .......... 36:20 (4th, 5th sen- Jan. 4, 1889, ch. 20, (4th, 5th
lot 23, owned, occupied, and used by the American His- tences). sentences), 25 Stat. 640.
torical Association, is exempt from all taxation so long
as the same is so owned and occupied, and not used for The word ‘‘activities’’ is substituted for ‘‘proceed-
commercial purposes, subject to the provisions of sec- ings’’ for consistency in the revised title. The words
§ 21501 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 72
AND ORGANIZATIONS

‘‘any part of the report the Secretary decides is appro- (2) The board shall have at least 12 governors,
priate’’ are substituted for ‘‘whole of such reports, or divided into 3 classes of equal numbers. One
such portion thereof as he shall see fit’’ to eliminate class of governors shall be elected each year for
unnecessary words.
a term of 3 years or until their successors are
TERMINATION OF REPORTING REQUIREMENTS elected. The corporation shall elect the gov-
For termination, effective May 15, 2000, of provisions ernors at its annual meeting.
of law requiring submittal to Congress of any annual, (b) QUORUM.—Five governors are a quorum for
semiannual, or other regular periodic report listed in the transaction of business, except that a major-
House Document No. 103–7 (in which a report required ity vote of the board is required for—
under this section is listed on page 192), see section 3003 (1) the sale or alienation of any real or per-
of Pub. L. 104–66, as amended, set out as a note under sonal estate of the corporation; or
section 1113 of Title 31, Money and Finance. (2) the leasing of real estate of the corpora-
CHAPTER 215—AMERICAN HOSPITAL OF tion for a term of more than one year.
PARIS (c) POWERS.—The board may—
(1) adopt and amend bylaws, as may be nec-
Sec.
21501. Organization. essary and proper, related to—
21502. Purpose. (A) elections and meetings;
21503. Governing body. (B) qualifications and duties of governors
21504. Acquisition and management of property. and officers;
21505. Charges for medical services. (C) admission and qualifications of mem-
21506. Principal office. bers; and
21507. Nonapplication of audit requirements.
(D) management and disposition of the
§ 21501. Organization property, business, and concerns of the cor-
poration;
(a) FEDERAL CHARTER.—American Hospital of
Paris (in this chapter, the ‘‘corporation’’) is a (2) conduct all business of the corporation;
federally chartered corporation. (3) fill, until the next annual election, a va-
(b) PLACE OF INCORPORATION.—The corporation cancy on the board; and
is declared to be incorporated in the District of (4) appoint attending and resident physi-
Columbia. cians and surgeons, agents, assistants, and at-
(c) PERPETUAL EXISTENCE.—Except as other- tendants as may be necessary, set their com-
wise provided, the corporation has perpetual ex- pensation, and discharge them.
istence. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1295.)
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1295.) HISTORICAL AND REVISION NOTES
HISTORICAL AND REVISION NOTES Revised
Section Source (U.S. Code) Source (Statutes at Large)
Revised
Section Source (U.S. Code) Source (Statutes at Large)
21503(a) ...... 36:4904 (1st sen- Jan. 30, 1913, ch. 21, §§ 4 (1st
tence). sentence), 6, 37 Stat. 655;
21501 .......... 36:4901. Jan. 30, 1913, ch. 21, § 1, 37 Apr. 12, 1974, Pub. L.
Stat. 654. 93–266, 88 Stat. 85.
36:4909. Jan. 30, 1913, ch. 21, § 9, 37 36:4905. Jan. 30, 1913, ch. 21, §§ 5, 7, 8,
Stat. 655; Sept. 19, 1962, 37 Stat. 655.
Pub. L. 87–673, 76 Stat. 557; 36:4906.
Oct. 1, 1965, Pub. L. 89–231, 21503(b) ...... 36:4908.
§ 2, 79 Stat. 901. 21503(c) ...... 36:4907.

This section is substituted for the source provisions Subsection (a) is substituted for the source provisions
for consistency in the revised title and to eliminate ex- for consistency in the revised title and to eliminate un-
ecuted and unnecessary words. necessary and obsolete language.
In subsection (c)(1), before clause (A), the words ‘‘and
§ 21502. Purpose not contrary to law’’ are omitted as unnecessary.
In subsection (c)(2), the words ‘‘and manage’’ and
The purpose of the corporation is to maintain ‘‘and concerns’’ are omitted as unnecessary.
a hospital in the vicinity of Paris, France, to In subsection (c)(3), the words ‘‘occasioned by death,
provide medical and surgical care to citizens of resignation, or otherwise’’ are omitted as unnecessary.
the United States.
§ 21504. Acquisition and management of property
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1295.)
The corporation may acquire, own, lease, en-
HISTORICAL AND REVISION NOTES cumber, and transfer property, in the United
Revised States and France, to carry out the purposes of
Source (U.S. Code) Source (Statutes at Large)
Section the corporation.
21502 .......... 36:4903 (words before Jan. 30, 1913, ch. 21, § 3 (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1296.)
8th comma less (words before 8th comma
‘‘gratuitously or less ‘‘gratuitously or HISTORICAL AND REVISION NOTES
otherwise’’). otherwise’’), 37 Stat. 654.
Revised
The word ‘‘maintain’’ is substituted for ‘‘establish, Section Source (U.S. Code) Source (Statutes at Large)
maintain, and conduct’’ to eliminate executed and un-
necessary words. The word ‘‘aid’’ is omitted as included 21504 .......... 36:4902. Jan. 30, 1913, ch. 21, § 2, 37
Stat. 654; June 14, 1929, ch.
in ‘‘care’’. 23, 46 Stat. 11; Oct. 1, 1965,
Pub. L. 89–231, § 1, 79 Stat.
§ 21503. Governing body 901.

(a) GENERAL.—(1) The board of governors is the The words ‘‘may acquire, own, lease, encumber, and
governing body of the corporation. transfer’’ are substituted for ‘‘is authorized to take by
Page 73 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 21703
AND ORGANIZATIONS

purchase, gift, grant, devise, and bequest, and to hold, CHAPTER 217—THE AMERICAN LEGION
mortgage, lease, transfer, and convey’’ for consistency
in the revised title and to eliminate unnecessary words. Sec.
The words ‘‘real and personal’’ are omitted as unneces- 21701. Organization.
sary. The words ‘‘to carry out the purpose of the cor- 21702. Purposes.
poration’’ are substituted for ‘‘for the purposes of the 21703. Membership.
said corporation’’ and ‘‘as may be deemed necessary for 21704. Powers.
the wants or development of the corporation or any of 21705. Exclusive right to name, emblems, and
them’’ for consistency in the revised title and to elimi- badges.
nate unnecessary words. 21706. Political activities.
21707. Service of process.
21708. Annual report.
§ 21505. Charges for medical services
§ 21701. Organization
The corporation may charge a reasonable com-
pensation for providing medical and surgical (a) FEDERAL CHARTER.—The American Legion
services or may provide those services without (in this chapter, the ‘‘corporation’’) is a feder-
charge. Amounts received under this section ally chartered corporation.
shall be used to carry out the purposes of the (b) PERPETUAL EXISTENCE.—Except as other-
corporation. wise provided, the corporation has perpetual ex-
istence.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1296.)
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1297.)
HISTORICAL AND REVISION NOTES
HISTORICAL AND REVISION NOTES
Revised
Section Source (U.S. Code) Source (Statutes at Large)
Revised
Section Source (U.S. Code) Source (Statutes at Large)
21505 .......... 36:4903 (‘‘gratu- Jan. 30, 1913, ch. 21, § 3
itously or other- (‘‘gratuitously or other- 21701(a) ...... 36:41. Sept. 16, 1919, ch. 59, §§ 1, 2,
wise’’ and words wise’’ and words after 8th 41 Stat. 284.
after 8th comma). comma), 37 Stat. 654. 36:42.
21701(b) ...... 36:44 (words before Sept. 16, 1919, ch. 59, § 4
4th semicolon re- (words before 4th semi-
The words ‘‘may charge’’ are substituted for ‘‘it shall lated to perpetual colon related to perpetual
be lawful for the said corporation to demand and re- succession). succession), 41 Stat. 285;
ceive’’ to eliminate unnecessary words. The words June 26, 1953, ch. 153, § 1, 67
Stat. 82.
‘‘medical and surgical services’’ are substituted for
‘‘such care, sustenance, professional treatment, and
This section is substituted for the source provisions
other services’’ to eliminate unnecessary words. The
for consistency in the revised title and to eliminate un-
words ‘‘to carry out the purposes of the corporation’’
necessary and obsolete language.
are substituted for ‘‘be applied to the uses and benefits
of the said corporation’’ for consistency. § 21702. Purposes
The purposes of the corporation are—
§ 21506. Principal office
(1) to uphold and defend the Constitution of
The principal office of the corporation shall be the United States;
in the District of Columbia. However, offices (2) to promote peace and good will among
may be maintained and meetings of the board of the peoples of the United States and all the
governors and committees may be held else- nations of the Earth;
where. (3) to preserve the memories and incidents of
the 2 World Wars and the other great hos-
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1296.)
tilities fought to uphold democracy;
HISTORICAL AND REVISION NOTES (4) to cement the ties and comradeship born
of service; and
Revised (5) to consecrate the efforts of its members
Section Source (U.S. Code) Source (Statutes at Large)
to mutual helpfulness and service to their
21506 .......... 36:4904 (last sen- Jan. 30, 1913, ch. 21, § 4 (last country.
tence). sentence), 37 Stat. 655.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1297.)
§ 21507. Nonapplication of audit requirements HISTORICAL AND REVISION NOTES

The audit requirements of section 10101 of this Revised


Source (U.S. Code) Source (Statutes at Large)
Section
title do not apply to the corporation.
21702 .......... 36:43. Sept. 16, 1919, ch. 59, § 3, 41
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1296.) Stat. 285; Oct. 29, 1942, ch.
633, § 1, 56 Stat. 1012; July
HISTORICAL AND REVISION NOTES 26, 1955, ch. 386, § 1, 69
Stat. 379; Sept. 1, 1966,
Revised Pub. L. 89–550, § 1, 80 Stat.
Section Source (U.S. Code) Source (Statutes at Large) 371.

21507 .......... (no source). In clause (1), the words ‘‘of America’’ are omitted.

The section is added to except the American Hospital § 21703. Membership


of Paris from the application of section 10101 of the re-
vised title, restating 36:1101–1103, which imposes audit An individual is eligible for membership in the
requirements on certain federally chartered corpora- corporation only if the individual—
tions. The Hospital is not included in the list of cor- (1) has served in the Armed Forces of—
porations set out in 36:1101 to which the audit require- (A) the United States at any time during
ments apply. any period from—
§ 21704 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 74
AND ORGANIZATIONS

(i) April 6, 1917, through November 11, (1) adopt a constitution, bylaws, and regula-
1918; tions to carry out the purposes of the corpora-
(ii) December 7, 1941, through December tion;
31, 1946; (2) adopt and alter a corporate seal;
(iii) June 25, 1950, through January 31, (3) establish and maintain offices to conduct
1955; its activities;
(iv) February 28, 1961, through May 7, (4) establish State and territorial organiza-
1975; tions and local chapter or post organizations;
(v) August 24, 1982, through July 31, 1984; (5) acquire, own, lease, encumber, and trans-
(vi) December 20, 1989, through January
fer property as necessary to carry out the pur-
31, 1990; or
(vii) August 2, 1990, through the date of poses of the corporation;
cessation of hostilities, as decided by the (6) publish a magazine and other publica-
United States Government; or tions;
(7) sue and be sued; and
(B) a government associated with the (8) do any other act necessary and proper to
United States during a period referred to in carry out the purposes of the corporation.
subclause (A) of this clause and was a citizen
of the United States when the individual en- (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1297.)
tered that service; and HISTORICAL AND REVISION NOTES
(2) was honorably discharged or separated
Revised
from that service or continues to serve honor- Section Source (U.S. Code) Source (Statutes at Large)
ably during or after that period.
21704 .......... 36:44 (words before Sept. 16, 1919, ch. 59, § 4
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1297; Pub. 4th semicolon less (words before 4th semi-
perpetual succes- colon less perpetual suc-
L. 105–354, § 1(6), Nov. 3, 1998, 112 Stat. 3244; Pub. sion, words after cession, words after 5th
L. 107–309, § 1, Dec. 2, 2002, 116 Stat. 2449.) 5th semicolon). semicolon), 41 Stat. 285;
June 26, 1953, ch. 153, § 1, 67
HISTORICAL AND REVISION NOTES Stat. 82.
36:47. Sept. 16, 1919, ch. 59, § 7, 41
PUB. L. 105–225 Stat. 285.

Revised In this section, the text of 36:47 is omitted as exe-


Section Source (U.S. Code) Source (Statutes at Large)
cuted and obsolete.
21703 .......... 36:45. Sept. 16, 1919, ch. 59, § 5, 41 In clause (1), the words ‘‘not inconsistent with the
Stat. 285; Oct. 29, 1942, ch. laws of the United States or of any State’’ are omitted
633, § 2, 56 Stat. 1012; July
9, 1946, ch. 546, 60 Stat. 524; as unnecessary.
Dec. 28, 1950, ch. 1177, 64 In clause (2), the words ‘‘at pleasure’’ are omitted as
Stat. 1122; July 26, 1955, unnecessary.
ch. 386, § 2, 69 Stat. 380;
Sept. 1, 1966, Pub. L. In clause (3), the word ‘‘activities’’ is substituted for
89–550, § 2, 80 Stat. 372; ‘‘business’’ for consistency in the revised title.
Dec. 27, 1974, Pub. L. Clause (5) is substituted for ‘‘to receive, hold, own,
93–557, 88 Stat. 1792; Aug.
17, 1978, Pub. L. 95–346, 92 use, and dispose of such real estate and personal prop-
Stat. 485; Dec. 21, 1979, erty as shall be necessary for its corporate purposes’’
Pub. L. 96–155, 93 Stat. for consistency in the revised title and to eliminate un-
1165; Oct. 30, 1990, Pub. L.
101–478, 104 Stat. 1157; Dec. necessary words.
2, 1991, Pub. L. 102–179, 105 In clause (7), the words ‘‘in courts of law and equity’’
Stat. 1229. are omitted as unnecessary.
In clause (8), the words ‘‘do any other act’’ are sub-
In clause (1), the words ‘‘armed forces’’ are sub- stituted for ‘‘generally to do any and all such acts and
stituted for ‘‘naval or military services’’ and ‘‘military things’’ for consistency in the revised title and to
or naval service’’ for clarity. In subclause (A), the word eliminate unnecessary words.
‘‘through’’ is substituted for ‘‘all dates inclusive’’ for
clarity. In subclause (B), the words ‘‘a government as- § 21705. Exclusive right to name, emblems, and
sociated with the United States during a period re- badges
ferred to in subclause (A) of this clause and was a citi-
zen of the United States when the individual entered The corporation and its State and local sub-
that service’’ are substituted for ‘‘who, being a citizen divisions have the exclusive right to use the
of the United States at the time of entry therein . . . name ‘‘The American Legion’’ or ‘‘American Le-
of any governments associated with the United States
during said wars or hostilities’’ for clarity.
gion’’. The corporation has the exclusive right
In clause (2), the words ‘‘after that period’’ are sub- to use, manufacture, and control the right to
stituted for ‘‘after any of the aforesaid terminal dates’’ manufacture, emblems and badges the corpora-
to eliminate unnecessary words. tion adopts.
PUB. L. 105–354 (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1298.)
This amends section 21703(1)(A)(iv) of title 36 to re-
HISTORICAL AND REVISION NOTES
flect changes made by Public Law 105–110 (Nov. 20, 1997,
111 Stat. 2270). Revised
Section Source (U.S. Code) Source (Statutes at Large)
AMENDMENTS
21705 .......... 36:44 (words be- Sept. 16, 1919, ch. 59, §§ 4
2002—Par. (2). Pub. L. 107–309 inserted ‘‘during or’’ tween 4th and 5th (words between 4th and
after ‘‘continues to serve honorably’’. semicolons). 5th semicolons), 8, 41 Stat.
1998—Par. (1)(A)(iv). Pub. L. 105–354 substituted ‘‘Feb- 285; June 26, 1953, ch. 153,
ruary 28, 1961’’ for ‘‘December 22, 1961’’. 67 Stat. 82.
36:48.
§ 21704. Powers
The word ‘‘sole’’ is omitted as included in ‘‘exclu-
The corporation may— sive’’. The words ‘‘to have and’’, ‘‘in carrying out its
Page 75 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 21903
AND ORGANIZATIONS

purposes’’, and ‘‘in carrying out the purposes of the cor- Sec.
poration’’ are omitted as unnecessary. 21904. Exclusive right to name.
21905. Restrictions.
§ 21706. Political activities 21906. Headquarters and meetings.
21907. Service of process.
The corporation shall be nonpolitical and may 21908. Annual report.
not promote the candidacy of an individual
seeking public office. § 21901. Organization

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1298.) (a) FEDERAL CHARTER.—The American Na-
tional Theater and Academy (in this chapter,
HISTORICAL AND REVISION NOTES the ‘‘corporation’’) is a federally chartered cor-
Revised
poration.
Section Source (U.S. Code) Source (Statutes at Large) (b) PERPETUAL EXISTENCE.—Except as other-
wise provided, the corporation has perpetual ex-
21706 .......... 36:46. Sept. 16, 1919, ch. 59, § 6, 41
Stat. 285. istence.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1298.)
The words ‘‘as an organization’’ are omitted as un-
necessary. HISTORICAL AND REVISION NOTES
§ 21707. Service of process Revised Source (U.S. Code) Source (Statutes at Large)
Section
As a condition to the exercise of any power or
21901(a) ...... 36:3301. July 5, 1935, ch. 373, §§ 1, 3
privilege granted by this chapter, the corpora- (related to perpetual suc-
tion shall file, with the secretary of state or cession), 49 Stat. 457, 458.
21901(b) ...... 36:3303 (related to
other designated official of each State, the name perpetual succes-
and address of an agent in that State on whom sion).
legal process or demands against the corpora-
tion may be served. This section is substituted for the source provisions
for consistency in the revised title and to eliminate ex-
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1298.) ecuted and unnecessary words.

HISTORICAL AND REVISION NOTES § 21902. Purposes


Revised Source (U.S. Code) Source (Statutes at Large)
The purposes of the corporation include—
Section (1) the presentation of theatrical produc-
21707 .......... 36:50. Sept. 16, 1919, ch. 59, § 9 1/2, tions of the highest type;
41 Stat. 285. (2) the stimulation of public interest in the
drama as an art belonging both to the theater
The word ‘‘precedent’’ is omitted as unnecessary. The
words ‘‘with the secretary of state or other designated
and to literature and to be enjoyed both on the
official’’ are substituted for ‘‘in the office of the sec- stage and in the study;
retary of state’’ for consistency in the revised title. (3) the advancement of interest in the drama
The words ‘‘post-office’’ and ‘‘authorized’’ are omitted throughout the United States by furthering
as unnecessary. the production of the best plays, interpreted
by the best actors at a minimum cost;
§ 21708. Annual report (4) the further development of the study of
Not later than January 1 of each year, the cor- drama of the present and past in our univer-
poration shall submit a report to Congress on sities, colleges, schools, and elsewhere; and
the activities of the corporation during the prior (5) the sponsoring, encouraging, and develop-
calendar year. The report may not be printed as ing of the art and technique of the theater
a public document. through a school within the National Acad-
emy.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1298.)
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1298.)
HISTORICAL AND REVISION NOTES
HISTORICAL AND REVISION NOTES
Revised
Section Source (U.S. Code) Source (Statutes at Large)
Revised Source (U.S. Code) Source (Statutes at Large)
Section
21708 .......... 36:49. Sept. 16, 1919, ch. 59, § 9, 41
Stat. 285; Aug. 30, 1964, 21902 .......... 36:3302 (last sen- July 5, 1935, ch. 373, § 2 (last
Pub. L. 88–504, § 4(3), 78 tence). sentence), 49 Stat. 458.
Stat. 636.
Before clause (1), the word ‘‘include’’ is substituted
TERMINATION OF REPORTING REQUIREMENTS for ‘‘shall embrace’’ for consistency in the revised title.
In clause (3), the words ‘‘of America’’ are omitted as
For termination, effective May 15, 2000, of reporting
unnecessary.
provisions in this section, see section 3003 of Pub. L.
104–66, as amended, set out as a note under section 1113 § 21903. Powers
of Title 31, Money and Finance, and page 196 of House
Document No. 103–7. The corporation may—
(1) adopt a constitution, bylaws, and regula-
CHAPTER 219—THE AMERICAN NATIONAL tions;
THEATER AND ACADEMY (2) adopt and alter a corporate seal;
Sec. (3) establish and maintain offices and build-
21901. Organization. ings to conduct its activities;
21902. Purposes. (4) establish State and territorial organiza-
21903. Powers. tions and local branches;
§ 21904 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 76
AND ORGANIZATIONS

(5) acquire, own, lease, encumber, and trans- HISTORICAL AND REVISION NOTES—Continued
fer property as necessary to carry out the pur-
Revised
poses of the corporation, subject to its con- Section Source (U.S. Code) Source (Statutes at Large)
stitution and instructions of donors;
21905(c) ...... 36:3304 (last sen-
(6) sue and be sued; and tence).
(7) do any other act necessary and proper to
carry out the purposes of the corporation. In subsection (a), the word ‘‘capital’’ is omitted for
consistency in the revised title.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1299.)
In subsection (b), the words ‘‘as an organization’’ are
HISTORICAL AND REVISION NOTES omitted as unnecessary.

Revised
Source (U.S. Code) Source (Statutes at Large)
Section § 21906. Headquarters and meetings
21903 .......... 36:3303 (less perpet- July 5, 1935, ch. 373, §§ 3 (less
ual succession). perpetual succession), 7, The corporation may have its headquarters
49 Stat. 458, 459. and hold its meetings at places the corporation
36:3307.
decides are best.
In clause (1), the words ‘‘to carry out its purposes not (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1299.)
inconsistent with the laws of the United States or any
States’’ are omitted as unnecessary. HISTORICAL AND REVISION NOTES
In clause (2), the words ‘‘at pleasure’’ are omitted as
unnecessary. Revised
Section Source (U.S. Code) Source (Statutes at Large)
In clause (3), the word ‘‘activities’’ is substituted for
‘‘business’’ for consistency in the revised title. 21906 .......... 36:3306. July 5, 1935, ch. 373, § 6, 49
Clause (5) is substituted for ‘‘to receive, hold, own, Stat. 458.
use, mortgage, and dispose of such real estate and per-
sonal property as shall be necessary for its corporate The word ‘‘may’’ is substituted for ‘‘be, and is hereby,
purposes’’ in 36:3303 and for 36:3307 for consistency in authorized to’’ to eliminate unnecessary words. The
the revised title and to eliminate unnecessary words. words ‘‘within or without the District of Columbia’’
In clause (6), the words ‘‘in the courts of law and eq- and ‘‘from time to time’’ are omitted as unnecessary.
uity’’ are omitted as unnecessary.
In clause (7), the words ‘‘do any other act’’ are sub-
stituted for ‘‘generally to do all such acts and things’’ § 21907. Service of process
for consistency in the revised title and to eliminate un-
necessary words. As a condition to the exercise of any power or
privilege granted by this chapter, the corpora-
§ 21904. Exclusive right to name tion shall file, with the secretary of state or
other designated official of the District of Co-
The corporation and its State and local
lumbia or of each State, territory, or possession
branches and subdivisions have the exclusive
of the United States in which its headquarters,
right to use the name ‘‘The American National
branches, or subdivisions are located, the name
Theater and Academy’’.
and address of an agent in that jurisdiction on
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1299.) whom legal process or demands against the cor-
poration may be served.
HISTORICAL AND REVISION NOTES
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1299.)
Revised Source (U.S. Code) Source (Statutes at Large)
Section
HISTORICAL AND REVISION NOTES
21904 .......... 36:3305. July 5, 1935, ch. 373, § 5, 49
Stat. 458. Revised Source (U.S. Code) Source (Statutes at Large)
Section
The word ‘‘sole’’ is omitted as included in ‘‘exclu- 21907 .......... 36:3309. July 5, 1935, ch. 373, § 9, 49
sive’’. The words ‘‘to have’’ are omitted as included in Stat. 459.
‘‘to use’’. The words ‘‘in carrying out its purposes’’ are
omitted as unnecessary. The words ‘‘precedent’’, ‘‘herein’’, and ‘‘or conferred’’
are omitted as unnecessary. The words ‘‘with the sec-
§ 21905. Restrictions retary of state or other designated official’’ are sub-
stituted for ‘‘in the office of the Secretary or the prop-
(a) PROFIT AND STOCK.—The corporation shall erly designated officer’’, and the words ‘‘territory, or
be nonprofit and may not issue stock. possession of the United States’’ are substituted for
(b) POLITICAL ACTIVITIES.—The corporation ‘‘Territory’’, for consistency in the revised title. The
shall be nonpolitical and nonsectarian, and may words ‘‘post-office’’ and ‘‘authorized’’ are omitted as
not promote the candidacy of an individual unnecessary. The words ‘‘in that jurisdiction’’ are
seeking public office. added for clarity.
(c) HONORARY MEMBERS.—The corporation may
not have honorary members. § 21908. Annual report
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1299.)
Not later than January 1 of each year, the cor-
HISTORICAL AND REVISION NOTES poration shall submit a report to Congress on
the activities of the corporation during the prior
Revised
Section Source (U.S. Code) Source (Statutes at Large) calendar year, including a complete report of its
receipts and expenditures. The report may not
21905(a) ...... 36:3302 (1st sen- July 5, 1935, ch. 373, §§ 2 (1st
tence). sentence), 4, 49 Stat. 458. be printed as a public document.
21905(b) ...... 36:3304 (1st sen-
tence). (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1299.)
Page 77 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 22104
AND ORGANIZATIONS

HISTORICAL AND REVISION NOTES (2) The council consists of a president, an hon-
orary president, a number of vice presidents and
Revised
Section Source (U.S. Code) Source (Statutes at Large) honorary vice presidents as provided in the con-
stitution, a secretary, a treasurer, and at least
21908 .......... 36:3308. July 5, 1935, ch. 373, § 8, 49
Stat. 459; Aug. 30, 1964, 24 additional individuals.
Pub. L. 88–504, § 4(4), 78 (b) ELECTION AND TERMS.—The officers of the
Stat. 636.
corporation and one-third of the other members
The word ‘‘submit’’ is substituted for ‘‘make and of the council shall be elected at each annual
transmit’’, and the word ‘‘activities’’ is substituted for meeting of the corporation. However, the con-
‘‘proceedings’’, for consistency in the revised title. The stitution may authorize the council—
word ‘‘full’’ is omitted as included in ‘‘complete’’. (1) to elect the secretary and the treasurer of
the corporation for specified terms; and
CHAPTER 221—THE AMERICAN SOCIETY OF
(2) to fill vacancies until the next annual
INTERNATIONAL LAW
meeting.
Sec.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1300.)
22101. Organization.
22102. Purposes. HISTORICAL AND REVISION NOTES
22103. Governing body.
22104. Powers. Revised
Source (U.S. Code) Source (Statutes at Large)
22105. Restrictions. Section
22106. Principal office.
22107. Records and inspection. 22103 .......... 36:343. Sept. 20, 1950, ch. 958, § 3, 64
Stat. 870.
22108. Service of process.
22109. Liability for acts of officers and agents. The words ‘‘The number of members of the executive
§ 22101. Organization council shall initially be forty-four, and the members
of the said council shall initially be the persons whose
(a) FEDERAL CHARTER.—The American Society names and addresses are set forth in section 341 of this
of International Law (in this chapter, the ‘‘cor- title’’ are omitted as obsolete.
poration’’) is a federally chartered corporation. § 22104. Powers
(b) PERPETUAL EXISTENCE.—Except as other-
wise provided, the corporation has perpetual ex- The corporation may—
istence. (1) adopt and amend a constitution, bylaws,
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1300.) and regulations for the management of its
property and the regulation of its affairs;
HISTORICAL AND REVISION NOTES (2) adopt and alter a corporate seal;
(3) choose officers, managers, and agents as
Revised
Section Source (U.S. Code) Source (Statutes at Large) the activities of the corporation require;
(4) make contracts;
22101(a) ...... 36:341. Sept. 20, 1950, ch. 958, §§ 1, 5
(related to perpetual suc- (5) acquire, own, lease, encumber, and trans-
cession), 10, 64 Stat. 869, fer property as necessary to carry out the pur-
871, 872.
22101(b) ...... 36:345 (related to poses of the corporation;
perpetual succes- (6) borrow money, issue instruments of in-
sion).
36:350. debtedness, and secure its obligations by
granting security interests in its property;
This section is substituted for the source provisions (7) publish a journal and other publications;
for consistency in the revised title and to eliminate ex- (8) sue and be sued; and
ecuted and unnecessary words. (9) do any other act necessary and proper to
carry out the purposes of the corporation.
§ 22102. Purposes
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1300.)
The purposes of the corporation are—
(1) to foster the study of international law; HISTORICAL AND REVISION NOTES
and
Revised
(2) to promote the establishment and main- Section Source (U.S. Code) Source (Statutes at Large)
tenance of international relations on the basis
of law and justice. 22104 .......... 36:345 (less perpet- Sept. 20, 1950, ch. 958, §§ 5
ual succession). (less perpetual succes-
sion), 11, 64 Stat. 871, 872.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1300.) 36:351.
HISTORICAL AND REVISION NOTES
In this section, the text of 36:351 is omitted as exe-
Revised cuted and obsolete.
Section Source (U.S. Code) Source (Statutes at Large) In clause (1), the words ‘‘apply, and administer’’ are
omitted as unnecessary. The words ‘‘not inconsistent
22102 .......... 36:342 (1st sentence). Sept. 20, 1950, ch. 958, § 2 (1st
sentence), 64 Stat. 870. with the laws of the United States of America or any
State in which the corporation is to operate’’ are omit-
ted as unnecessary.
§ 22103. Governing body In clause (2), the word ‘‘use’’ is omitted as unneces-
(a) EXECUTIVE COUNCIL.—(1) The executive sary.
In clause (3), the word ‘‘activities’’ is substituted for
council is the governing body of the corporation.
‘‘business’’ for consistency in the revised title.
However, the council is subject to the directions In clause (4), the words ‘‘make contracts’’ are sub-
of the corporation at its annual meetings and at stituted for ‘‘contract and be contracted with’’ for con-
any other meeting called under the constitu- sistency in the revised title and to eliminate unneces-
tion, bylaws, or regulations of the corporation. sary words.
§ 22105 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 78
AND ORGANIZATIONS

Clause (5) is substituted for ‘‘take and hold by lease, § 22106. Principal office
gift, purchase, grant, devise, or bequest, in full title, in
trust, or otherwise, any property, real or personal, nec- The principal office of the corporation shall be
essary for attaining the objects and carrying into effect in the District of Columbia. However, the activi-
the purposes of the corporation’’ and ‘‘transfer and con- ties of the corporation are not confined to the
vey real or personal property’’ for consistency in the District of Columbia but may be conducted
revised title and to eliminate unnecessary words. The
throughout the United States.
words ‘‘subject however, to applicable provisions of law
of any State (A) governing the amount or kind of real (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1301.)
and personal property which may be held by, or (B)
otherwise limiting or controlling the ownership of real HISTORICAL AND REVISION NOTES
and personal property by a corporation operating in
such State’’ are omitted as unnecessary. Revised
Section Source (U.S. Code) Source (Statutes at Large)
In clause (6), the words ‘‘instruments of indebted-
ness’’ are substituted for ‘‘bonds’’, and the words ‘‘se- 22106 .......... 36:344. Sept. 20, 1950, ch. 958, § 4, 64
cure its obligations by granting security interests in Stat. 871.
its property’’ are substituted for ‘‘secure the same by
mortgage’’, for consistency in the revised title. The The words ‘‘the activities of the corporation are not
words ‘‘for the purposes of the corporation’’ and ‘‘there- confined to the District of Columbia but may be con-
for’’ are omitted as unnecessary. The words ‘‘subject in ducted throughout the United States’’ are substituted
every case to all applicable provisions of Federal or for ‘‘The corporation . . . shall have the right to con-
State laws’’ are omitted as unnecessary. duct its activities in the said District and at any other
In clause (8), the words ‘‘complain and defend in any place or places in the United States’’ for consistency in
court of competent jurisdiction’’ are omitted as unnec- the revised title and to eliminate unnecessary words.
essary and for consistency in the revised title.
NATIONAL HEADQUARTERS
§ 22105. Restrictions
Pub. L. 86–208, Aug. 25, 1959, 73 Stat. 431, provided:
(a) PROFIT.—The corporation may not operate ‘‘That the American Society of International Law, in-
for profit. corporated by the Act entitled ‘An Act to incorporate
(b) STOCK AND DIVIDENDS.—The corporation the American Society of International Law, and for
may not issue stock or declare or pay a divi- other purposes’, approved September 20, 1950 (Public
dend. Law 794, ch. 958, Eighty-first Congress, second session
(c) POLITICAL ACTIVITIES.—The corporation or (64 Stat. 869)) [now this chapter], is authorized to use
an officer or member of the executive council as the real estate described as lot 805 square 2512, situated
such may not contribute to, support, or assist a in the city of Washington, District of Columbia, as the
national headquarters of such society.’’
political party or candidate for elective public
office.
(d) DISTRIBUTION OF INCOME OR ASSETS.—The § 22107. Records and inspection
income or assets of the corporation may not (a) RECORDS.—The corporation shall keep—
inure to the benefit of, or be distributed to, a (1) correct and complete records of account;
member of the corporation or an officer or mem-
(2) minutes of the proceedings of its mem-
ber of the executive council, except on the dis-
bers, executive council, and committees hav-
solution or final liquidation of the corporation.
ing any of the authority of its executive coun-
(e) LOANS.—The corporation may not make a
cil; and
loan or advance to an officer or member of the
(3) at its principal office, a record of the
executive council. Members of the council who
names and addresses of its members entitled
vote for or assent to making a loan or advance
to vote.
to an officer or member of the council, and offi-
cers who participate in making the loan or ad- (b) INSPECTION.—A member, or an agent or at-
vance, are jointly and severally liable to the torney of the member, may inspect the records
corporation for the amount of the loan or ad- of the corporation for any proper purpose, at
vance until it is repaid. any reasonable time.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1301.) (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1301.)
HISTORICAL AND REVISION NOTES HISTORICAL AND REVISION NOTES
Revised Source (U.S. Code) Source (Statutes at Large) Revised
Section Section Source (U.S. Code) Source (Statutes at Large)

22105(a) ...... 36:342 (2d sentence Sept. 20, 1950, ch. 958, §§ 2 22107 .......... 36:348. Sept. 20, 1950, ch. 958, § 8, 64
words before 1st (2d, last sentences), 7, 64 Stat. 872.
comma). Stat. 870, 871.
22105(b) ...... 36:347 (1st sentence
words before 2d The word ‘‘records’’ is substituted for ‘‘books and
comma). records’’ for consistency in the revised title and with
22105(c) ...... 36:342 (last sen- other titles of the United States Code.
tence).
22105(d) ...... 36:342 (2d sentence
words after 1st
comma). § 22108. Service of process
22105(e) ...... 36:347 (1st sentence
words after 2d The corporation shall have a designated agent
comma, last sen- in the District of Columbia to receive service of
tence).
process for the corporation. Notice to or service
In subsection (b), the words ‘‘shares of’’ are omitted on the agent, or mailed to the business address
as unnecessary. of the agent, is notice to or service on the cor-
In subsection (d), the words ‘‘inure to the benefit of’’ poration.
are substituted for ‘‘inure to’’ for consistency in the re-
vised title. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1301.)
Page 79 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 22304
AND ORGANIZATIONS

HISTORICAL AND REVISION NOTES (1) to serve as a coordinating, research, and


educational agency and clearinghouse for sym-
Revised
Section Source (U.S. Code) Source (Statutes at Large) phony orchestras to help strengthen the work
in their local communities;
22108 .......... 36:346 (last sen- Sept. 20, 1950, ch. 958, § 6
tence). (last sentence), 64 Stat. (2) to assist in the formation of new sym-
871. phony orchestras;
(3) to encourage and recognize the work of
The words ‘‘at all times’’ are omitted as unnecessary.
America’s musicians, conductors, and compos-
The words ‘‘to receive’’ are substituted for ‘‘authorized
to accept’’, and the words ‘‘is notice’’ are substituted ers, through suitable means; and
for ‘‘shall be deemed notice’’, for consistency in the re- (4) to aid the expansion of the musical and
vised title and to eliminate unnecessary words. cultural life of the United States through suit-
able educational and service activities.
§ 22109. Liability for acts of officers and agents
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1302.)
The corporation is liable for the acts of its of-
ficers and agents acting within the scope of HISTORICAL AND REVISION NOTES
their authority. Revised
Section Source (U.S. Code) Source (Statutes at Large)
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1301.)
22302 .......... 36:3403. Oct. 15, 1962, Pub. L. 87–817,
HISTORICAL AND REVISION NOTES § 3, 76 Stat. 930.

Revised
Source (U.S. Code) Source (Statutes at Large)
Section § 22303. Membership
22109 .......... 36:346 (1st sentence). Sept. 20, 1950, ch. 958, § 6 (1st (a) ELIGIBILITY.—Except as provided in this
sentence), 64 Stat. 871.
chapter, eligibility for membership in the cor-
The words ‘‘acting within the scope of their author- poration and the rights, privileges, and designa-
ity’’ are added for clarity and consistency in the re- tion of classes of members are as provided in the
vised title. constitution and bylaws of the corporation.
(b) VOTING.—Each member (except an honor-
CHAPTER 223—AMERICAN SYMPHONY
ary, sustaining, or associate member) has one
ORCHESTRA LEAGUE
vote on each matter submitted to a vote at a
Sec. meeting of the members.
22301. Organization.
22302. Purposes. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1302.)
22303. Membership. HISTORICAL AND REVISION NOTES
22304. Governing body.
22305. Powers. Revised Source (U.S. Code) Source (Statutes at Large)
22306. Exclusive right to name, insignia, emblems, Section
and badges.
22303 .......... 36:3406. Oct. 15, 1962, Pub. L. 87–817,
22307. Restrictions. § 6, 76 Stat. 931.
22308. Principal office.
22309. Records and inspection. In subsection (a), the words ‘‘are as provided in the
22310. Service of process. constitution and bylaws of the corporation’’ are sub-
22311. Liability for acts of officers and agents. stituted for ‘‘shall . . . be determined as the constitu-
22312. Distribution of assets on dissolution or final tion and bylaws of the corporation may provide’’ to
liquidation. eliminate unnecessary words.
In subsection (b), the words ‘‘the right to’’ are omit-
§ 22301. Organization ted as unnecessary.
(a) FEDERAL CHARTER.—American Symphony
Orchestra League (in this chapter, the ‘‘corpora- § 22304. Governing body
tion’’) is a federally chartered corporation. (a) BOARD OF DIRECTORS.—(1) The board of di-
(b) PERPETUAL EXISTENCE.—Except as other- rectors is the governing body of the corporation.
wise provided, the corporation has perpetual ex- Between meetings of the members of the cor-
istence. poration, the board is responsible for the general
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1302.) policies and program of the corporation and for
the control of contributions raised by the cor-
HISTORICAL AND REVISION NOTES poration.
Revised (2) The number of directors, their manner of
Source (U.S. Code) Source (Statutes at Large)
Section selection (including the filling of vacancies), and
22301 .......... 36:3401. Oct. 15, 1962, Pub. L. 87–817, their term of office are as provided in the con-
§§ 1, 2, 4(1), 76 Stat. 929, stitution and bylaws of the corporation.
930.
36:3402. (b) OFFICERS.—(1) The officers of the corpora-
36:3404(1). tion are a president, one or more vice presidents
as provided in the constitution and bylaws, a
This section is substituted for the source provisions secretary, a treasurer, and one or more assistant
for consistency in the revised title and to eliminate ex-
secretaries and assistant treasurers as provided
ecuted and unnecessary words.
The text of 36:3402 is omitted as executed and obso- in the constitution and bylaws.
lete. (2) The manner of election, term of office, and
duties of the officers are as provided in the con-
§ 22302. Purposes stitution and bylaws.
The purposes of the corporation are— (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1302.)
§ 22305 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 80
AND ORGANIZATIONS

HISTORICAL AND REVISION NOTES provisions of Federal and State laws’’ are omitted as
unnecessary.
Revised In clause (7), the words ‘‘complain and defend in any
Section Source (U.S. Code) Source (Statutes at Large)
court of competent jurisdiction’’ are omitted as unnec-
22304(a) ...... 36:3407. Oct. 15, 1962, Pub. L. 87–817, essary.
§§ 7, 8, 76 Stat. 931.
22304(b) ...... 36:3408. § 22306. Exclusive right to name, insignia, em-
blems, and badges
In subsection (a), the text of 36:3407(a) and the word
‘‘Thereafter’’ in 36:3407(b) are omitted as obsolete. The The corporation has the exclusive right to use
word ‘‘contributions’’ is substituted for ‘‘all contrib- the name ‘‘American Symphony Orchestra
uted funds’’ to eliminate unnecessary words. League’’ and distinctive insignia, emblems and
§ 22305. Powers badges, descriptive or designating marks, and
words or phrases required to carry out the du-
The corporation may— ties and powers of the corporation. This section
(1) adopt and amend a constitution and by- does not affect any vested rights.
laws for the management of its property and
the regulation of its affairs; (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1303.)
(2) adopt and alter a corporate seal; HISTORICAL AND REVISION NOTES
(3) choose officers, managers, agents, and
employees as the activities of the corporation Revised Source (U.S. Code) Source (Statutes at Large)
Section
require;
(4) make contracts; 22306 .......... 36:3416. Oct. 15, 1962, Pub. L. 87–817,
§ 16, 76 Stat. 933.
(5) acquire, own, lease, encumber, and trans-
fer property as necessary or convenient to The words ‘‘sole’’ and ‘‘to have and to use in carrying
carry out the purposes of the corporation; out its purposes’’ are omitted as unnecessary. The
(6) borrow money, issue instruments of in- words ‘‘required to carry out the duties and powers of
debtedness, and secure its obligations by the corporation’’ are substituted for ‘‘as may be re-
granting security interests in its property; and quired in the furtherance of its functions’’ for consist-
(7) sue and be sued. ency in the revised title and with other titles of the
United States Code. The last sentence is substituted for
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1302.) ‘‘No powers or privileges hereby granted shall, however,
interfere or conflict with established or vested rights’’
HISTORICAL AND REVISION NOTES
for consistency in the revised title and to eliminate un-
Revised necessary words.
Section Source (U.S. Code) Source (Statutes at Large)
§ 22307. Restrictions
22305 .......... 36:3404(2)–(9). Oct. 15, 1962, Pub. L. 87–817,
§§ 4(2)–(9), 17, 76 Stat. 930, (a) STOCK AND DIVIDENDS.—The corporation
933.
36:3417. may not issue stock or declare or pay a divi-
dend.
In this section, the text of 36:3417 is omitted as exe- (b) POLITICAL ACTIVITIES.—The corporation or
cuted and obsolete. a director or officer as such may not contribute
In clause (1), the word[s] ‘‘and alter’’ and ‘‘not incon- to, support, or assist a political party or can-
sistent with the laws of the United States or any State
in which the corporation is to operate’’ are omitted as
didate for public office.
unnecessary. (c) DISTRIBUTION OF INCOME OR ASSETS.—The
In clause (2), the word ‘‘use’’ is omitted as unneces- income or assets of the corporation may not
sary. inure to the benefit of, or be distributed to, a di-
In clause (3), the word ‘‘activities’’ is substituted for rector, officer, or member as such during the life
‘‘business’’ for consistency in the revised title. of the corporation or on its dissolution or final
In clause (4), the words ‘‘make contracts’’ are sub- liquidation. This subsection does not prevent
stituted for ‘‘contract and be contracted with’’ to
the payment of compensation to an officer in an
eliminate unnecessary words.
Clause (5) is substituted for ‘‘take by lease, gift, pur- amount approved by the board of directors.
chase, grant, devise, or bequest from any private cor- (d) LOANS.—The corporation may not make a
poration, association, partnership, firm, or individual loan or advance to a director, officer, or em-
and to hold any property, real, personal, or mixed, nec- ployee. Directors who vote for or assent to mak-
essary or convenient for attaining the objects and car- ing a loan or advance to a director, officer, or
rying into effect the purposes of the corporation’’ and employee, and officers who participate in mak-
‘‘transfer, convey, lease, sublease, encumber, and other- ing the loan or advance, are jointly and sever-
wise alienate real, personal, or mixed property’’ for
ally liable to the corporation for the amount of
consistency in the revised title and to eliminate unnec-
essary words. The words ‘‘subject, however, to applica- the loan or advance until it is repaid.
ble provisions of law of any State (A) governing the (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1303.)
amount or kind of property which may be held by, or
(B) otherwise limiting or controlling the ownership of HISTORICAL AND REVISION NOTES
property by, a corporation operating in such State’’ are
omitted as unnecessary. Revised
Section Source (U.S. Code) Source (Statutes at Large)
In clause (6), the words ‘‘instruments of indebted-
ness’’ are substituted for ‘‘bonds’’ for consistency in 22307(a) ...... 36:3412. Oct. 15, 1962, Pub. L. 87–817,
the revised title. The words ‘‘secure its obligations by §§ 9, 10, 12, 76 Stat. 932.
22307(b) ...... 36:3410.
granting security interests in its property’’ are sub- 22307(c) ...... 36:3409(a).
stituted for ‘‘secure the same by mortgage, deed of 22307(d) ...... 36:3409(b).
trust, pledge or otherwise’’ to eliminate unnecessary
words. The words ‘‘for the purposes of the corporation’’, In subsection (a), the words ‘‘any shares of’’ are omit-
‘‘therefor’’, and ‘‘subject in every case to all applicable ted as unnecessary.
Page 81 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 22501
AND ORGANIZATIONS

In subsection (c), the words ‘‘inure to the benefit of’’ § 22311. Liability for acts of officers and agents
are substituted for ‘‘inure to’’ for consistency in the re-
vised title. The corporation is liable for the acts of its of-
In subsection (d), the words ‘‘or advance’’ are added ficers and agents acting within the scope of
in 2 places for consistency in the subsection. their authority.
§ 22308. Principal office (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1304.)
The principal office of the corporation shall be HISTORICAL AND REVISION NOTES
in Charleston, West Virginia, or another place
Revised
decided by the board of directors. However, the Section Source (U.S. Code) Source (Statutes at Large)
activities of the corporation are not confined to
22311 .......... 36:3411. Oct. 15, 1962, Pub. L. 87–817,
the place where the principal office is located § 11, 76 Stat. 932.
but may be conducted throughout the States,
territories, and possessions of the United States. § 22312. Distribution of assets on dissolution or
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1303.) final liquidation
HISTORICAL AND REVISION NOTES On dissolution or final liquidation of the cor-
poration, any assets remaining after the dis-
Revised charge of all liabilities shall be distributed as
Section Source (U.S. Code) Source (Statutes at Large)
provided by the board of directors, but in com-
22308 .......... 36:3405(a). Oct. 15, 1962, Pub. L. 87–817, pliance with the constitution and bylaws of the
§ 5(a), 76 Stat. 930.
corporation.
The words ‘‘the Commonwealth of Puerto Rico’’ are (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1304.)
omitted as included in ‘‘territories, and possessions of
the United States’’. HISTORICAL AND REVISION NOTES
§ 22309. Records and inspection Revised Source (U.S. Code) Source (Statutes at Large)
Section
(a) RECORDS.—The corporation shall keep—
(1) correct and complete records of account; 22312 .......... 36:3415. Oct. 15, 1962, Pub. L. 87–817,
§ 15, 76 Stat. 933.
(2) minutes of the proceedings of its mem-
bers, board of directors, and committees hav- The word ‘‘satisfaction’’ is omitted as included in
ing any of the authority of its board of direc- ‘‘discharge’’, and the word ‘‘obligations’’ is omitted as
tors; and included in ‘‘liabilities’’. The words ‘‘outstanding’’ and
(3) at its principal office, a record of the ‘‘all Federal and State laws applicable thereto’’ are
names and addresses of its members entitled omitted as unnecessary.
to vote. CHAPTER 225—AMERICAN WAR MOTHERS
(b) INSPECTION.—A member entitled to vote, or
Sec.
an agent or attorney of the member, may in- 22501. Organization.
spect the records of the corporation for any 22502. Purposes.
proper purpose, at any reasonable time. 22503. Membership.
22504. Powers.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1303.) 22505. Exclusive right to name.
22506. Restrictions.
HISTORICAL AND REVISION NOTES
22507. Tax-exempt status.
Revised 22508. Meetings.
Section Source (U.S. Code) Source (Statutes at Large) 22509. Service of process.
22510. Annual report.
22309(a) ...... 36:3413 (1st sen- Oct. 15, 1962, Pub. L. 87–817,
tence). § 13, 76 Stat. 932. § 22501. Organization
22309(b) ...... 36:3413 (last sen-
tence).
(a) FEDERAL CHARTER.—American War Moth-
The word ‘‘records’’ is substituted for ‘‘books and ers (in this chapter, the ‘‘corporation’’) is a fed-
records’’ for consistency in the revised title and with erally chartered corporation.
other titles of the United States Code. (b) PLACE OF INCORPORATION.—The corporation
is declared to be incorporated in the District of
§ 22310. Service of process Columbia.
The corporation shall have a designated agent (c) PERIOD OF EXISTENCE.—The corporation
in the District of Columbia to receive service of may continue to exist until there are no individ-
process for the corporation. Notice to or service uals who qualify for membership.
on the agent, or mailed to the business address (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1304.)
of the agent, is notice to or service on the cor-
poration. HISTORICAL AND REVISION NOTES

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1304.) Revised


Source (U.S. Code) Source (Statutes at Large)
Section
HISTORICAL AND REVISION NOTES
22501 .......... 36:91. Feb. 24, 1925, ch. 303, §§ 1, 2, 5
(words between colon and
Revised Source (U.S. Code) Source (Statutes at Large) 1st comma), 13, 15, 43 Stat.
Section 966, 967, 968.
36:92.
22310 .......... 36:3405(b). Oct. 15, 1962, Pub. L. 87–817, 36:95 (words be-
§ 5(b), 76 Stat. 930. tween colon and
1st comma).
The words ‘‘at all times’’ and ‘‘authorized’’ are omit- 36:103.
36:105.
ted as unnecessary.
§ 22502 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 82
AND ORGANIZATIONS

This section is substituted for the source provisions (3) adopt emblems and badges;
for consistency in the revised title and to eliminate un- (4) establish and maintain offices to conduct
necessary and executed words. its activities;
The text of 36:92, 103, and 105 is omitted as executed (5) establish State, territorial, and local sub-
and obsolete.
divisions;
§ 22502. Purposes (6) acquire, own, lease, encumber, and trans-
fer property as necessary to carry out the pur-
The purposes of the corporation are— poses of the corporation, subject to section
(1) to keep alive and develop the spirit that 22506(b) of this title;
promoted world service; (7) publish a magazine and other publica-
(2) to maintain the ties of fellowship born of tions;
that service and to assist and further any pa- (8) sue and be sued; and
triotic work; (9) do any other act necessary and proper to
(3) to inculcate a sense of individual obliga- carry out its purposes.
tion to the community, State, and Nation; (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1305.)
(4) to work for the welfare of the Army and
Navy; HISTORICAL AND REVISION NOTES
(5) to assist, in any way in their power, men
Revised Source (U.S. Code) Source (Statutes at Large)
and women who served and were wounded or Section
incapacitated in World War I; and
22504 .......... 36:95 (less words be- Feb. 24, 1925, ch. 303, §§ 5
(6) to foster and promote friendship and un- tween colon and (less words between colon
derstanding between America and the Allies in 1st comma). and 1st comma), 9, 43
Stat. 967, 968.
World War I. 36:99.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1304.) In this section, the text of 36:99 is omitted as exe-
HISTORICAL AND REVISION NOTES cuted and obsolete.
In clause (1), the words ‘‘to carry out its purposes,
Revised not inconsistent with the laws of the United States or
Section Source (U.S. Code) Source (Statutes at Large)
of any State’’ are omitted as unnecessary.
In clause (2), the words ‘‘at pleasure’’ are omitted as
22502 .......... 36:93. Feb. 24, 1925, ch. 303, § 3, 43
Stat. 967. unnecessary.
In clause (3), the words ‘‘adopt emblems and badges’’
In clauses (5) and (6), the words ‘‘World War I’’ are are substituted for ‘‘to use in carrying out the purposes
substituted for ‘‘the World War’’ for clarity. of the corporation such emblems and badges as it may
adopt’’ for consistency in the revised title and to elimi-
§ 22503. Membership nate unnecessary words.
In clause (4), the word ‘‘activities’’ is substituted for
Eligibility for membership in the corporation ‘‘business’’ for consistency in the revised title.
is limited to women— Clause (6) is substituted for ‘‘receive, hold, own, use,
(1) who are citizens of the United States; and and dispose of such real estate and personal property as
(2) whose natural son or daughter, legally shall be necessary for its corporate purposes’’ for con-
sistency in the revised title and to eliminate unneces-
adopted son or daughter, or stepson or step- sary words. The words ‘‘subject to section 22506(b) of
daughter— this title’’ are added to alert the reader to the restric-
(A) served in the Armed Forces of the tion in that section.
United States or its allies in World War I, In clause (8), the words ‘‘in courts of law and equity’’
World War II, the Korean conflict, or any are omitted as unnecessary.
subsequent war or conflict involving the In clause (9), the word ‘‘things’’ is omitted as in-
United States; and cluded in ‘‘act’’.
(B) was honorably discharged from that § 22505. Exclusive right to name
service or continues in the service.
The corporation and its State, territorial, and
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1304.) local subdivisions have the exclusive right to
HISTORICAL AND REVISION NOTES use the name ‘‘American War Mothers’’.

Revised
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1305.)
Section Source (U.S. Code) Source (Statutes at Large)
HISTORICAL AND REVISION NOTES
22503 .......... 36:97. Feb. 24, 1925, ch. 303, § 7, 43
Stat. 968; Sept. 26, 1942, Revised Source (U.S. Code) Source (Statutes at Large)
ch. 563, 56 Stat. 758; June Section
26, 1953, ch. 152, 67 Stat. 81;
Apr. 12, 1974, Pub. L. 22505 .......... 36:100. Feb. 24, 1925, ch. 303, § 10, 43
93–267, 88 Stat. 85. Stat. 968.

In clause (2), before subclause (A), the word ‘‘natural’’ The words ‘‘to have’’ are omitted as included in ‘‘to
is substituted for ‘‘of her blood’’ to eliminate unneces- use’’. The words ‘‘in carrying out its business purposes’’
sary words. The words ‘‘or sons’’, ‘‘or daughters’’, ‘‘or are omitted as unnecessary.
stepsons’’, and ‘‘or stepdaughters’’ are omitted as un-
necessary. § 22506. Restrictions

§ 22504. Powers (a) GENERAL.—The corporation shall be non-


profit, nonpolitical, nonsectarian, and non-
The corporation may— partisan, and may not promote the candidacy of
(1) adopt a constitution, bylaws, and regula- an individual seeking public office.
tions; (b) OWNERSHIP AND USE OF PROPERTY.—The
(2) adopt and alter a corporate seal; corporation may not accept, own, or hold, di-
Page 83 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 22701
AND ORGANIZATIONS

rectly or indirectly, any property not reason- HISTORICAL AND REVISION NOTES
ably necessary to carry out the purposes of the
Revised
corporation. Section Source (U.S. Code) Source (Statutes at Large)

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1305.) 22509 .......... 36:102. Feb. 24, 1925, ch. 303, § 12, 43
Stat. 968.
HISTORICAL AND REVISION NOTES
The words ‘‘precedent’’, ‘‘herein’’, and ‘‘or conferred’’
Revised Source (U.S. Code) Source (Statutes at Large) are omitted as unnecessary. The words ‘‘with the sec-
Section
retary of state or other designated official’’ are sub-
22506(a) ...... 36:98. Feb. 24, 1925, ch. 303, § 8, 43 stituted for ‘‘in the office of the secretary of each
Stat. 968; June 26, 1953, ch. State’’ for consistency in the revised title. The words
152, 67 Stat. 81.
22506(b) ...... 36:96 (last sentence). Feb. 24, 1925, ch. 303, § 6 (pro- ‘‘post-office’’ and ‘‘authorized’’ are omitted as unneces-
viso), 43 Stat. 968. sary.

In subsection (a), words ‘‘as an organization’’ are § 22510. Annual report


omitted as unnecessary.
In subsection (b), the words ‘‘real or personal’’ are Not later than January 1 of each year, the cor-
omitted as unnecessary and for consistency in the re- poration shall submit a report to Congress on
vised title. The words ‘‘not reasonably necessary to the activities of the corporation during the prior
carry out the purposes of the corporation’’ are sub- calendar year. The report may not be printed as
stituted for ‘‘except such as may be reasonably nec- a public document.
essary to carry out the purposes of its creation as de-
fined in this chapter’’ to eliminate unnecessary words. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1305.)

§ 22507. Tax-exempt status HISTORICAL AND REVISION NOTES

The personal property and funds of the cor- Revised Source (U.S. Code) Source (Statutes at Large)
Section
poration, whether principal or income, so long
as held or used only to carry out the purposes of 22510 .......... 36:101. Feb. 24, 1925, ch. 303, § 11, 43
Stat. 968; Aug. 30, 1964,
the corporation, are exempt from taxation by Pub. L. 88–504, § 4(9), 78
the United States Government, the District of Stat. 636.
Columbia, and the territories and possessions of
The word ‘‘submit’’ is substituted for ‘‘make and
the United States. transmit’’ for consistency in the revised title and to
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1305.) eliminate unnecessary words. The word ‘‘activities’’ is
substituted for ‘‘proceedings’’ for consistency in the re-
HISTORICAL AND REVISION NOTES vised title.
Revised
Source (U.S. Code) Source (Statutes at Large) TERMINATION OF REPORTING REQUIREMENTS
Section
For termination, effective May 15, 2000, of reporting
22507 .......... 36:96 (1st sentence). Feb. 24, 1925, ch. 303, § 6 (less provisions in this section, see section 3003 of Pub. L.
proviso), 43 Stat. 967.
104–66, as amended, set out as a note under section 1113
of Title 31, Money and Finance, and page 197 of House
The words ‘‘so long as held or used only to carry out
Document No. 103–7.
the purposes of the corporation’’ are substituted for
‘‘held or used for the purposes hereof, pursuant to the
provisions of this chapter . . . so long as the same shall
CHAPTER 227—AMVETS (AMERICAN
be so used’’ to eliminate unnecessary words. The words VETERANS)
‘‘the United States Government, the District of Colum- Sec.
bia, and the territories and possessions of the United 22701. Organization.
States’’ are substituted for ‘‘the United States or any 22702. Purposes.
Territory or District thereof’’ for clarity. 22703. Membership.
22704. Governing body.
§ 22508. Meetings 22705. Powers.
The corporation may hold its meetings at any 22706. Exclusive right to name, seals, emblems, and
place the corporation decides. badges.
22707. Restrictions.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1305.) 22708. Headquarters and principal place of business.
22709. Records and inspection.
HISTORICAL AND REVISION NOTES 22710. Service of process.
22711. Liability for acts of officials, representatives,
Revised
Section Source (U.S. Code) Source (Statutes at Large) and agents.
22712. Distribution of assets on dissolution or final
22508 .......... 36:94. Feb. 24, 1925, ch. 303, § 4, 43 liquidation.
Stat. 967.
AMENDMENTS
§ 22509. Service of process 2002—Pub. L. 107–241, § 1(a)(2)(A), Oct. 16, 2002, 116
Stat. 1496, substituted ‘‘AMVETS (AMERICAN VETER-
As a condition to the exercise of any power or ANS)’’ for ‘‘AMVETS (AMERICAN VETERANS OF
privilege granted by this chapter, the corpora- WORLD WAR II, KOREA, AND VIETNAM)’’ in chapter
tion shall file, with the secretary of state or heading.
other designated official of each State, the name
and address of an agent in that State on whom § 22701. Organization
legal process or demands against the corpora-
(a) FEDERAL CHARTER.—AMVETS (American
tion may be served.
Veterans) (in this chapter, the ‘‘corporation’’) is
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1305.) a federally chartered corporation.
§ 22702 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 84
AND ORGANIZATIONS

(b) PERPETUAL EXISTENCE.—Except as other- (10) to perpetuate and preserve the friend-
wise provided, the corporation has perpetual ex- ships and comradeship born on the battle front
istence. and nurtured in the common experience of
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1306; Pub. service to our Nation during time of war; and
(11) to honor the memory of those men and
L. 107–241, § 1(a)(1), Oct. 16, 2002, 116 Stat. 1496.)
women who gave their lives that a free Amer-
HISTORICAL AND REVISION NOTES ica and a free world might live by the creation
of living memorials in the form of additional
Revised Source (U.S. Code) Source (Statutes at Large) educational, cultural, and recreational facili-
Section
ties.
22701 .......... 36:67. July 23, 1947, ch. 298, § 1, 61
Stat. 403; Aug. 15, 1977, (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1306.)
Pub. L. 95–98, § 1(a), 91
Stat. 830. HISTORICAL AND REVISION NOTES
36:67a. July 23, 1947, ch. 298, §§ 2, 4
(related to perpetual suc-
cession), 10(1), 61 Stat. 405, Revised Source (U.S. Code) Source (Statutes at Large)
406, 407. Section
36:67c (related to
perpetual succes- 22702 .......... 36:67b(1), (3)–(10). July 23, 1947, ch. 298, § 3(1),
sion). (3)–(10), 61 Stat. 405.
36:67i(1). 36:67b(2). July 23, 1947, ch. 298, § 3(2),
61 Stat. 405; Aug. 15, 1977,
Pub. L. 95–98, § 1(b)(1), 91
This section is substituted for the source provisions Stat. 830; June 13, 1991,
for consistency in the revised title and to eliminate ex- Pub. L. 102–54, § 13(n)(1),
105 Stat. 278.
ecuted and unnecessary words.
This text of 36:67a is omitted as executed and obso-
lete. § 22703. Membership
AMENDMENTS (a) ELIGIBILITY.—Except as provided in this
2002—Subsec. (a). Pub. L. 107–241 substituted chapter, eligibility for membership in the cor-
‘‘AMVETS (American Veterans)’’ for ‘‘AMVETS (Amer- poration and the rights and privileges of mem-
ican Veterans of World War II, Korea, and Vietnam)’’. bers are as provided in the constitution and by-
laws of the corporation.
§ 22702. Purposes (b) VOTING.—Each member has one vote in the
The purposes of the corporation are— conduct of official business at the post level.
(1) to preserve for ourselves and our poster- (c) NONDISCRIMINATION.—The terms of member-
ity the great and basic truths and enduring ship may not discriminate on the basis of race,
color, religion, sex, or national origin.
principles upon which this Nation was found-
ed; (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1307.)
(2) to maintain a continuing interest in the
HISTORICAL AND REVISION NOTES
welfare and rehabilitation of the disabled vet-
erans of World War II, the Korean conflict, and Revised
Source (U.S. Code) Source (Statutes at Large)
the Vietnam era and to establish facilities for Section
the assistance of all veterans and to represent 22703(a) ...... 36:67e (words before July 23, 1947, ch. 298, § 6
them in their claims before the Department of 3d comma). (words before 3d comma,
words after 3d comma re-
Veterans Affairs and other organizations with- lated to discrimination in
out charge; membership), 61 Stat. 407;
Dec. 28, 1950, ch. 1178, 64
(3) to dedicate ourselves to the service and Stat. 1122; July 26, 1955,
best interests of the community, State, and ch. 383, 69 Stat. 375; Sept.
14, 1966, Pub. L. 89–576, 80
Nation to the end that our country shall be Stat. 772; Aug. 15, 1977,
and remain forever a whole, strong, and free Pub. L. 95–98, § 1(b)(2), 91
Stat. 830; May 31, 1984,
Nation; Pub. L. 98–304, 98 Stat. 220.
(4) to aid and encourage the abolition of 22703(b) ...... 36:67f(1) (1st sen- July 23, 1947, ch. 298, § 7(1)
tence). (1st sentence), 61 Stat. 407.
prejudice, ignorance, and disease; 22703(c) ...... 36:67e (words after
(5) to encourage universal exercise of the 3d comma related
to discrimination
voting franchise to the end that there shall be in membership).
elected and maintained in public office men
and women who hold public office as a public In subsection (b), the words ‘‘the right to’’ are omit-
trust administered in the best interests of all ted as unnecessary.
the people; § 22704. Governing body
(6) to advocate the development and means
by which all Americans may become enlight- (a) DELEGATES TO NATIONAL CONVENTIONS.—
ened and informed citizens and thus partici- Each post may elect delegates to national con-
pate fully in the functions of our democracy; ventions of the corporation. The delegates each
(7) to encourage and support an inter- have one vote in the conduct of business of the
national organization of all peace-loving na- convention to which they are elected.
tions to the end that not again shall any na- (b) EXECUTIVE COMMITTEE.—The executive
tion be permitted to breach their national committee of the corporation consists of—
peace; (1) one member elected to represent each de-
(8) to continue to serve the best interests of partment; and
our Nation in peace as in war; (2) the officers of the corporation as ex offi-
(9) to develop to the utmost the human, cio members.
mental, spiritual, and economical resources of (c) OFFICERS.—(1) The officers of the corpora-
our Nation; tion are a national commander, two national
Page 85 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 22706
AND ORGANIZATIONS

vice commanders, a finance officer, a judge ad- incorporation by Congress are granted to the
vocate, a chaplain, six national district com- corporation.
manders, and a provost marshal. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1307.)
(2) The officers shall be elected by the dele-
gates at the annual national convention. HISTORICAL AND REVISION NOTES
(d) NONDISCRIMINATION.—The requirements for
Revised
holding office in the corporation may not dis- Section Source (U.S. Code) Source (Statutes at Large)
criminate on the basis of race, color, religion,
22705(a) ...... 36:67c (less perpet- July 23, 1947, ch. 298, §§ 4
sex, or national origin. ual succession). (less perpetual succes-
sion), 8, 10(2)–(5), 61 Stat.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1307; Pub. 406, 407.
L. 107–241, § 1(b), Oct. 16, 2002, 116 Stat. 1496.) 36:67g.
36:67i(2)–(5).
22705(b) ...... 36:67r. July 23, 1947, ch. 298, § 19, 61
HISTORICAL AND REVISION NOTES Stat. 408; Aug. 15, 1977,
Pub. L. 95–98, § 1(a), 91
Revised Source (U.S. Code) Source (Statutes at Large) Stat. 830.
Section

22704(a) ...... 36:67f(1) (last sen- July 23, 1947, ch. 298, §§ 5(3), In this section, the text of 36:67g is omitted as exe-
tence). 7(1) (last sentence), (2), 13, cuted and obsolete.
61 Stat. 406, 407, 408. In subsection (a)(1), the word ‘‘adopt’’ is substituted
22704(b) ...... 36:67d(3). for ‘‘ordain and establish’’ for clarity and consistency
36:67f(2).
22704(c) ...... 36:67l. in the revised title. The words ‘‘not inconsistent with
22704(d) ...... 36:67e (words after July 23, 1947, ch. 298, § 6 the laws of the United States of America or any State
3d comma related (words after 3d comma re- thereof’’ are omitted as unnecessary.
to discrimination lated to discrimination in
in holding office). holding office), 61 Stat. In subsection (a)(2), the words ‘‘adopt seals, emblems,
407; Dec. 28, 1950, ch. 1178, and badges’’ are substituted for ‘‘to use in carrying out
64 Stat. 1122; July 26, 1955, its purposes such seals, emblems, and badges as it may
ch. 383, 69 Stat. 375; Sept.
14, 1966, Pub. L. 89–576, 80 lawfully adopt’’ for consistency in the revised title and
Stat. 772; Aug. 15, 1977, to eliminate unnecessary words.
Pub. L. 95–98, § 1(b)(2), 91 In subsection (a)(4), the words ‘‘make contracts’’ are
Stat. 830; May 31, 1984,
Pub. L. 98–304, 98 Stat. 220. substituted for ‘‘contract and be contracted with’’ for
consistency in the revised title and to eliminate unnec-
In subsection (b), the text of 36:67d(3) is omitted as essary words.
obsolete. Subsection (a)(6) is substituted for ‘‘take and hold by
In subsection (c), the words ‘‘each official delegate lease, gift, purchase, grant, devise, or bequest any prop-
casting one vote’’ are omitted as unnecessary because erty, real or personal, necessary for attaining the ob-
of subsection (a) of this section. jects and carrying into effect the purposes of the cor-
poration’’ in 36:67c and ‘‘Transfer and convey all real or
AMENDMENTS personal property’’ in 36:67i(4) for consistency in the re-
2002—Subsec. (c)(1). Pub. L. 107–241 substituted ‘‘two vised title and to eliminate unnecessary words. The
national vice commanders, a finance officer, a judge ad- words ‘‘subject, however, to applicable provisions of
vocate, a chaplain, six national district commanders,’’ law of any State (A) governing the amount or kind of
for ‘‘seven national vice commanders, one of whom real and personal property which may be held by, or (B)
shall be a woman, a finance officer, an adjutant, a otherwise limiting or controlling the ownership of real
judge advocate,’’. and personal property by, a corporation operating in
such State’’ in 36:67c are omitted as unnecessary.
§ 22705. Powers In subsection (a)(7), the words ‘‘instruments of in-
debtedness’’ are substituted for ‘‘bonds’’ for consist-
(a) GENERAL.—The corporation may— ency in the revised title. The words ‘‘secure its obliga-
(1) adopt bylaws and regulations for the tions by granting security interests in its property’’
management of its property and the regula- are substituted for ‘‘secure same by mortgage’’ for con-
tion of its affairs; sistency in the revised title. The words ‘‘for the pur-
(2) adopt seals, emblems, and badges; poses of the corporation’’, ‘‘therefor’’, and ‘‘subject in
(3) choose officers, representatives, and every case to all applicable provisions of Federal or
State laws’’ are omitted as unnecessary.
agents as necessary to carry out the purposes In subsection (b), the words ‘‘before July 24, 1947’’ are
of the corporation; substituted for ‘‘heretofore’’ for clarity. The words
(4) make contracts; ‘‘and accrue’’ are omitted as unnecessary.
(5) establish State and regional organiza-
tions and local posts; § 22706. Exclusive right to name, seals, emblems,
(6) acquire, own, lease, encumber, and trans- and badges
fer property as necessary to carry out the pur- The corporation and its State, regional, and
poses of the corporation; local subdivisions have the exclusive right to
(7) borrow money, issue instruments of in- use the name ‘‘AMVETS (American Veterans)’’
debtedness, and secure its obligations by and seals, emblems, and badges the corporation
granting security interests in its property; adopts.
(8) publish a magazine, newspaper, and other
publications consistent with the purposes of (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1308; Pub.
the corporation; L. 107–241, § 1(a)(1), Oct. 16, 2002, 116 Stat. 1496.)
(9) sue and be sued; and HISTORICAL AND REVISION NOTES
(10) do any other act necessary and proper to
carry out the purposes of the corporation. Revised
Source (U.S. Code) Source (Statutes at Large)
Section
(b) POWERS GRANTED TO OTHER ORGANIZA-
22706 .......... 36:67p. July 23, 1947, ch. 298, § 17, 61
TIONS.—The provisions, privileges, and preroga- Stat. 408; Aug. 15, 1977,
tives granted before July 24, 1947, to other na- Pub. L. 95–98, § 1(a), 91
Stat. 830.
tional veterans’ organizations because of their
§ 22707 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 86
AND ORGANIZATIONS

The words ‘‘sole and’’ and ‘‘have and’’ are omitted as The words ‘‘as set out herein’’ are omitted as unnec-
unnecessary. The word ‘‘adopts’’ is substituted for essary.
‘‘may lawfully adopt’’ to eliminate unnecessary words.
AMENDMENTS
AMENDMENTS
2002—Pub. L. 107–241 substituted ‘‘Maryland’’ for ‘‘the
2002—Pub. L. 107–241 substituted ‘‘AMVETS (Amer- District of Columbia’’ in first and second sentences.
ican Veterans)’’ for ‘‘AMVETS (American Veterans of
World War II, Korea, and Vietnam)’’. § 22709. Records and inspection
§ 22707. Restrictions (a) RECORDS.—The corporation shall keep—
(1) correct and complete records of account;
(a) PROFIT.—The corporation shall operate as
(2) minutes of the proceedings of its mem-
a not-for-profit corporation, exclusively for
bers, executive committee, and committees
charitable, educational, patriotic, and civic im-
having any of the authority of its executive
provement purposes.
(b) STOCK AND DIVIDENDS.—The corporation committee; and
may not issue stock or declare or pay a divi- (3) at its registered or principal office, a
dend. record of the names and addresses of its mem-
(c) POLITICAL ACTIVITIES.—The corporation or bers entitled to vote.
an officer of the corporation or member of its (b) INSPECTION.—A member, or an agent or at-
executive committee as such may not contrib- torney of the member, may inspect the records
ute to, support, or assist a political party or of the corporation for any proper purpose, at
candidate for elective public office. The corpora- any reasonable time.
tion may not carry on propaganda.
(d) DISTRIBUTION OF INCOME OR ASSETS.—The (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1308.)
income or assets of the corporation may not HISTORICAL AND REVISION NOTES
inure to the benefit of, or be distributed to, a di-
rector, officer, or member of the corporation, ex- Revised Source (U.S. Code) Source (Statutes at Large)
Section
cept on dissolution or final liquidation of the
corporation. 22709 .......... 36:67m. July 23, 1947, ch. 298, § 14, 61
(e) LOANS.—The corporation may not make a Stat. 408.
loan or advance to a director or officer. Direc-
The word ‘‘records’’ is substituted for ‘‘books and
tors who vote for or assent to making a loan or records’’ for consistency in the revised title and with
advance to a director or officer, and officers who other titles of the United States Code.
participate in making the loan or advance, are
jointly and severally liable to the corporation § 22710. Service of process
for the amount of the loan or advance until it is
(a) DISTRICT OF COLUMBIA.—The corporation
repaid.
shall have a designated agent in the District of
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1308.) Columbia to receive service of process for the
corporation. Notice to or service on the agent,
HISTORICAL AND REVISION NOTES
or mailed to the business address of the agent, is
Revised Source (U.S. Code) Source (Statutes at Large)
notice to or service on the corporation.
Section (b) STATES.—As a condition to the exercise of
22707(a) ...... 36:67b(11) (1st–8th July 23, 1947, ch. 298, §§ 3(11), any power or privilege granted by this chapter,
words and words 5(1), (2), 15, 16, 61 Stat. 405, the corporation shall file, with the secretary of
after semicolon). 406, 408.
22707(b) ...... 36:67n. state or other designated official of each State,
22707(c) ...... 36:67d(1), (2). the name and address of an agent in that State
22707(d) ...... 36:67b(11) (9th word
through semi- on whom legal process or demands against the
colon). corporation may be served.
22707(e) ...... 36:67o.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1308.)
In subsection (b), the words ‘‘shares of’’ are omitted
as unnecessary. HISTORICAL AND REVISION NOTES
In subsection (e), the words ‘‘or advance’’ are added
in 2 places for consistency in the subsection. Revised Source (U.S. Code) Source (Statutes at Large)
Section
§ 22708. Headquarters and principal place of 22710(a) ...... 36:67k. July 23, 1947, ch. 298, § 12, 61
business Stat. 407.
22710(b) ...... 36:67q. July 23, 1947, ch. 298, § 18, 61
The headquarters and principal place of busi- Stat. 408; Aug. 15, 1977,
Pub. L. 95–98, § 1(a), 91
ness of the corporation shall be in Maryland. Stat. 830.
However, the activities of the corporation are
not confined to Maryland but may be conducted In subsection (b), the words ‘‘precedent’’, ‘‘herein’’,
throughout the States, territories, and posses- and ‘‘or conferred’’ are omitted as unnecessary. The
sions of the United States. words ‘‘file, with the secretary of state or other des-
ignated official’’ are substituted for ‘‘serve notice on
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1308; Pub. the secretary of state’’ for consistency in the revised
L. 107–241, § 1(c), Oct. 16, 2002, 116 Stat. 1496.) title. The word ‘‘authorized’’ is omitted as unnecessary.
HISTORICAL AND REVISION NOTES § 22711. Liability for acts of officials, representa-
Revised
tives, and agents
Section Source (U.S. Code) Source (Statutes at Large)
The corporation is liable for the acts of its of-
22708 .......... 36:67d(4). July 23, 1947, ch. 298, § 5(4), ficials, representatives, and agents acting with-
61 Stat. 406.
in the scope of their authority.
Page 87 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 22904
AND ORGANIZATIONS

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1309.) the ‘‘corporation’’), incorporated in Ohio, is a
federally chartered corporation.
HISTORICAL AND REVISION NOTES (b) EXPIRATION OF CHARTER.—If the corpora-
Revised tion does not comply with any provision of this
Source (U.S. Code) Source (Statutes at Large)
Section chapter, the charter granted by this chapter ex-
22711 .......... 36:67j. July 23, 1947, ch. 298, § 11, 61 pires.
Stat. 407.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1309.)
§ 22712. Distribution of assets on dissolution or HISTORICAL AND REVISION NOTES
final liquidation Revised
Section Source (U.S. Code) Source (Statutes at Large)
On dissolution or final liquidation of the cor-
poration, any assets remaining after the dis- 22902(a) ...... 36:3901. Nov. 6, 1986, Pub. L. 99–604,
§§ 1, 15 (last sentence), 16,
charge or satisfactory provision for discharge of 100 Stat. 3446, 3448.
all liabilities shall be transferred to the Sec- 22902(b) ...... 36:3914 (last sen-
tence).
retary of Veterans Affairs to be applied to the 36:3915.
care and comfort of disabled veterans of World
War II, the Korean conflict, and the Vietnam Subsection (a) is substituted for the source provisions
era. for consistency in the revised title and to eliminate ex-
ecuted and unnecessary words.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1309.)
§ 22903. Purposes
HISTORICAL AND REVISION NOTES
The purposes of the corporation are as pro-
Revised Source (U.S. Code) Source (Statutes at Large) vided in its articles of incorporation and in-
Section
clude—
22712 .......... 36:67h. July 23, 1947, ch. 298, § 9, 61 (1) holding true allegiance to the United
Stat. 407; Aug. 15, 1977,
Pub. L. 95–98, § 1(b)(3), 91 States Government and fidelity to its Con-
Stat. 830; June 13, 1991, stitution, laws, and institutions;
Pub. L. 102–54, § 13(n)(1), (2) serving our Nation under God in peace as
105 Stat. 278.
well as in war by fostering the ideals of faith
The words ‘‘Secretary of Veterans Affairs’’ are sub- and patriotism, loyalty, justice, and liberty,
stituted for ‘‘Department of Veterans Affairs’’ because by inculcating in the hearts of young and old,
under 38:303 the Secretary is the head of the Depart- through precept and practice, the spirit of true
ment. Americanism, and by participating in civic ac-
tivities for the good of our country and our
CHAPTER 229—ARMY AND NAVY UNION OF community;
THE UNITED STATES OF AMERICA (3) uniting in fraternal fellowship those who
Sec. have served, or are now serving, honorably in
22901. Definition. the Armed Forces of the United States;
22902. Organization. (4) protecting and advancing their civic, so-
22903. Purposes. cial, and economic welfare;
22904. Membership. (5) aiding them in sickness and distress;
22905. Governing body. (6) assisting in the burial and commemora-
22906. Powers. tion of their dead and providing help for their
22907. Restrictions. widows and orphans; and
22908. Duty to maintain corporate and tax-exempt (7) perpetuating the memory of patriotic
status.
22909. Records and inspection.
deeds performed by the defenders of our coun-
22910. Service of process. try.
22911. Liability for acts of officers and agents. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1309.)
22912. Annual report.
HISTORICAL AND REVISION NOTES
§ 22901. Definition
Revised Source (U.S. Code) Source (Statutes at Large)
For purposes of this chapter, ‘‘State’’ includes Section
the District of Columbia and the territories and 22903 .......... 36:3903. Nov. 6, 1986, Pub. L. 99–604,
possessions of the United States. § 3, 100 Stat. 3446.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1309.) Before clause (1), the word ‘‘objects’’ is omitted as in-
cluded in ‘‘purposes’’.
HISTORICAL AND REVISION NOTES
§ 22904. Membership
Revised Source (U.S. Code) Source (Statutes at Large)
Section Eligibility for membership in the corporation
22901 .......... 36:3913. Nov. 6, 1986, Pub. L. 99–604, and the rights and privileges of members are as
§ 14, 100 Stat. 3448. provided in the bylaws.
The words ‘‘the Commonwealth of Puerto Rico’’ are (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1310.)
omitted as included in ‘‘the territories and possessions
HISTORICAL AND REVISION NOTES
of the United States’’.
Revised
§ 22902. Organization Section Source (U.S. Code) Source (Statutes at Large)

(a) FEDERAL CHARTER.—Army and Navy Union 22904 .......... 36:3905. Nov. 6, 1986, Pub. L. 99–604,
§ 5, 100 Stat. 3447.
of the United States of America (in this chapter,
§ 22905 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 88
AND ORGANIZATIONS

§ 22905. Governing body HISTORICAL AND REVISION NOTES—Continued

(a) BOARD OF DIRECTORS.—The board of direc- Revised


Source (U.S. Code) Source (Statutes at Large)
tors and the responsibilities of the board are as Section
provided in the articles of incorporation. 22907(b) ...... 36:3908(c).
(b) OFFICERS.—The officers and the election of 22907(c) ...... 36:3908(a).
22907(d) ...... 36:3908(b).
officers are as provided in the articles of incor- 22907(e) ...... 36:3908(e).
poration.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1310.) In subsection (a), the words ‘‘any shares of’’ are omit-
ted as unnecessary.
HISTORICAL AND REVISION NOTES In subsection (b), the words ‘‘as such’’ are substituted
for ‘‘acting as such officer or director’’ for consistency
Revised in the revised title.
Section Source (U.S. Code) Source (Statutes at Large)
In subsection (c), the words ‘‘inure to the benefit of’’
22905(a) ...... 36:3906. Nov. 6, 1986, Pub. L. 99–604, are substituted for ‘‘shall insure [sic] to’’, and the
§§ 6, 7, 100 Stat. 3447. words ‘‘charter granted by this chapter’’ are sub-
22905(b) ...... 36:3907.
stituted for ‘‘this charter’’, for clarity and consistency
in the revised title.
The words ‘‘and in conformity with the laws of the
State or States in which it is incorporated’’ in 36:3906
and ‘‘and in conformity with the laws of the State or § 22908. Duty to maintain corporate and tax-ex-
States wherein it is incorporated’’ in 36:3907 are omit-
ted as unnecessary.
empt status

§ 22906. Powers (a) CORPORATE STATUS.—The corporation shall


maintain its status as a corporation incor-
The corporation has only the powers provided porated under the laws of Ohio.
in its bylaws and articles of incorporation filed (b) TAX-EXEMPT STATUS.—The corporation
in each State in which it is incorporated. shall maintain its status as an organization ex-
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1310.) empt from taxation under the Internal Revenue
Code of 1986 (26 U.S.C. 1 et seq.).
HISTORICAL AND REVISION NOTES
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1310.)
Revised Source (U.S. Code) Source (Statutes at Large)
Section HISTORICAL AND REVISION NOTES
22906 .......... 36:3902. Nov. 6, 1986, Pub. L. 99–604, Revised
§ 2, 100 Stat. 3446. Section Source (U.S. Code) Source (Statutes at Large)

The words ‘‘each State’’ are substituted for ‘‘State or 22908(a) ...... 36:3908(f). Nov. 6, 1986, Pub. L. 99–604,
States’’ for consistency in the revised title. The words §§ 8(f), 15 (1st sentence),
100 Stat. 3447, 3448.
‘‘and subject to the laws of such State or States’’ are 22908(b) ...... 36:3914 (1st sen-
omitted as unnecessary. tence).

§ 22907. Restrictions In subsection (a), the words ‘‘retain and’’, ‘‘organized


and’’, and ‘‘the State of’’ are omitted as unnecessary.
(a) STOCK AND DIVIDENDS.—The corporation
may not issue stock or declare or pay a divi-
dend. § 22909. Records and inspection
(b) POLITICAL ACTIVITIES.—The corporation or
a director or officer as such may not contribute (a) RECORDS.—The corporation shall keep—
to, support, or participate in any political activ- (1) correct and complete records of account;
ity or in any manner attempt to influence legis- (2) minutes of the proceedings of its mem-
lation. bers, board of directors, and committees hav-
(c) DISTRIBUTION OF INCOME OR ASSETS.—The ing any of the authority of its board of direc-
income or assets of the corporation may not tors; and
inure to the benefit of, or be distributed to, a di- (3) at its principal office, a record of the
rector, officer, or member during the life of the names and addresses of its members entitled
charter granted by this chapter. This subsection to vote.
does not prevent the payment of reasonable (b) INSPECTION.—A member entitled to vote, or
compensation to an officer or reimbursement for an agent or attorney of the member, may in-
actual necessary expenses in amounts approved spect the records of the corporation for any
by the board of directors. proper purpose, at any reasonable time.
(d) LOANS.—The corporation may not make a
loan to a director, officer, or employee. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1310.)
(e) CLAIM OF GOVERNMENTAL APPROVAL OR AU-
THORITY.—The corporation may not claim con- HISTORICAL AND REVISION NOTES
gressional approval or the authority of the Revised Source (U.S. Code) Source (Statutes at Large)
United States Government for any of its activi- Section
ties. 22909 .......... 36:3910. Nov. 6, 1986, Pub. L. 99–604,
§ 10, 100 Stat. 3447.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1310.)
HISTORICAL AND REVISION NOTES The word ‘‘records’’ is substituted for ‘‘books and
records’’ for consistency in the revised title and with
Revised Source (U.S. Code) Source (Statutes at Large) other titles of the United States Code. The words
Section ‘‘Nothing in this section shall be construed to con-
22907(a) ...... 36:3908(d). Nov. 6, 1986, Pub. L. 99–604, travene any applicable State law’’ are omitted as un-
§ 8(a)–(e), 100 Stat. 3447. necessary.
Page 89 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 23102
AND ORGANIZATIONS

§ 22910. Service of process (b) PERPETUAL EXISTENCE.—Except as other-


wise provided, the corporation has perpetual ex-
The corporation shall comply with the law on
istence.
service of process of each State in which it is in-
corporated and each State in which it carries on (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1311.)
activities.
HISTORICAL AND REVISION NOTES
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1311.)
Revised
Section Source (U.S. Code) Source (Statutes at Large)
HISTORICAL AND REVISION NOTES
23101 .......... 36:4301. July 14, 1964, Pub. L. 88–372,
Revised Source (U.S. Code) Source (Statutes at Large) §§ 1, 2, 4(1), 78 Stat. 314,
Section 315.
36:4302.
22910 .......... 36:3904. Nov. 6, 1986, Pub. L. 99–604, 36:4304(1).
§ 4, 100 Stat. 3446.
This section is substituted for the source provisions
The words ‘‘in furtherance of its corporate purposes’’
for consistency in the revised title and to eliminate ex-
are omitted as unnecessary.
ecuted and unnecessary words.
§ 22911. Liability for acts of officers and agents The text of 36:4302 is omitted as executed and obso-
lete.
The corporation is liable for the acts of its of-
ficers and agents acting within the scope of § 23102. Purposes
their authority. The purposes of the corporation are—
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1311.) (1) to receive and maintain one or more
funds and to use any part of the principal and
HISTORICAL AND REVISION NOTES income only for charitable, scientific, literary,
Revised or educational purposes, either directly or by
Source (U.S. Code) Source (Statutes at Large)
Section contributing to organizations authorized to
22911 .......... 36:3909. Nov. 6, 1986, Pub. L. 99–604, carry on similar activities;
§ 9, 100 Stat. 3447. (2) to honor citizens, aviation leaders, pilots,
teachers, scientists, engineers, inventors, gov-
§ 22912. Annual report ernmental leaders, and other individuals who
have helped to make this Nation great by
The corporation shall submit an annual report
their outstanding contributions to the estab-
to Congress on the activities of the corporation
lishment, development, advancement, or im-
during the prior fiscal year. The report shall be
provement of aviation in the United States;
submitted at the same time as the report of the
(3) to perpetuate the memory of those indi-
audit required by section 10101 of this title. The
viduals and record their contributions and
report may not be printed as a public document.
achievements by the erection and mainte-
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1311.) nance of buildings and monuments as may be
appropriate as a lasting memorial;
HISTORICAL AND REVISION NOTES
(4) to promote a better sense of appreciation
Revised
Source (U.S. Code) Source (Statutes at Large)
of the origins and growth of aviation, espe-
Section cially in the United States, and the part avia-
22912 .......... 36:3911. Nov. 6, 1986, Pub. L. 99–604, tion has played in changing the economic, so-
§ 12, 100 Stat. 3448. cial, and scientific aspects of our Nation;
(5) to establish and maintain a library and
TERMINATION OF REPORTING REQUIREMENTS
museum for the collection and preservation
For termination, effective May 15, 2000, of reporting for posterity of the history of those honored
provisions in this section, see section 3003 of Pub. L. by the organization, together with a docu-
104–66, as amended, set out as a note under section 1113 mentation of their accomplishments and con-
of Title 31, Money and Finance, and page 197 of House
Document No. 103–7.
tributions to aviation, including items such as
aviation pictures, paintings, books, papers,
CHAPTER 231—AVIATION HALL OF FAME documents, scientific data, relics, mementos,
artifacts, and other items related to that his-
Sec.
23101. Organization. tory;
23102. Purposes. (6) to cooperate with other recognized avia-
23103. Membership. tion organizations actively engaged and inter-
23104. Governing body. ested in similar projects; and
23105. Powers. (7) to engage in any other activities appro-
23106. Restrictions.
priate to carry out the purposes of the cor-
23107. Principal office.
23108. Records and inspection. poration.
23109. Statement required in audit report. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1311.)
23110. Service of process.
23111. Liability for acts of officers and agents. HISTORICAL AND REVISION NOTES
23112. Distribution of assets on dissolution or final
liquidation. Revised Source (U.S. Code) Source (Statutes at Large)
Section
§ 23101. Organization
23102 .......... 36:4303(1) (1st sen- July 14, 1964, Pub. L. 88–372,
tence words be- § 3(1) (1st sentence words
(a) FEDERAL CHARTER.—Aviation Hall of Fame fore 8th comma, before 8th comma, last
(in this chapter, the ‘‘corporation’’) is a feder- last sentence), sentence), (2)–(7), 78 Stat.
(2)–(7). 314, 315.
ally chartered corporation.
§ 23103 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 90
AND ORGANIZATIONS

In clause (1), the words ‘‘and apply the whole or’’ and (2) The board of nominations shall nominate
‘‘therefrom’’ are omitted as unnecessary. The text of United States citizens or residents to be honored
36:4303(1) (last sentence) is omitted as unnecessary. by the corporation and recommend those per-
In clause (3), the words ‘‘those individuals’’ are sub-
stituted for ‘‘such persons’’ for clarity. The word ‘‘edi-
sons to the board of trustees for consideration as
fices’’ is omitted as included in ‘‘buildings’’. The word provided in the bylaws.
‘‘deemed’’ is omitted as unnecessary. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1312.)
In clause (4), the words ‘‘foster’’ and ‘‘encourage’’ are
omitted as unnecessary. HISTORICAL AND REVISION NOTES
In clause (7), the words ‘‘any other activities appro-
priate to carry out the purposes of the corporation’’ are Revised
Source (U.S. Code) Source (Statutes at Large)
substituted for ‘‘any and all activities incidental there- Section
to or necessary, suitable, or proper for the accomplish- 23104(a) ...... 36:4307(a)–(c) (1st July 14, 1964, Pub. L. 88–372,
ment of any of the aforementioned purposes’’ to elimi- sentence, last sen- §§ 7–9, 78 Stat. 316.
nate unnecessary words. tence words after
semicolon).
23104(b) ...... 36:4308.
§ 23103. Membership 23104(c) ...... 36:4307(c) (last sen-
tence words be-
(a) ELIGIBILITY.—Except as provided in this fore semicolon).
36:4309.
chapter, eligibility for membership in the cor-
poration and the rights, privileges, and designa- In subsection (a)(1), the text of 36:4307(a) is omitted as
tion of classes of members are as provided in the obsolete.
bylaws. In subsection (a)(3), the words ‘‘and exercise’’ are
(b) VOTING.—Each member given voting rights omitted as unnecessary.
by the bylaws has one vote on each matter sub- In subsection (c)(1), the words ‘‘from members of the
mitted to a vote at a meeting of the voting corporation’’ are substituted for ‘‘from the membership
of the corporation’’ in 36:4307(c) and ‘‘those persons
members. The vote may be cast in the manner
named in section 4301 of this title, their survivors and
provided in the bylaws. such additional persons, if any, as shall be named by
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1312.) them’’ in 36:4309(a) for clarity and to eliminate exe-
cuted and unnecessary words.
HISTORICAL AND REVISION NOTES In subsection (c)(2), the words ‘‘shall nominate’’ are
substituted for ‘‘shall be the designated body of the
Revised Source (U.S. Code) Source (Statutes at Large) corporation to nominate’’ in 36:4309(b) for clarity and
Section
to eliminate unnecessary words.
23103(a) ...... 36:4306(a). July 14, 1964, Pub. L. 88–372,
§ 6, 78 Stat. 316. § 23105. Powers
23103(b) ...... 36:4306(b).
The corporation may—
In subsection (a), the words ‘‘are as provided in the (1) adopt and amend bylaws for the manage-
bylaws’’ are substituted for ‘‘shall . . . be determined ment of its property and the regulation of its
as the bylaws of the corporation may provide’’ for con- affairs;
sistency in the revised title. (2) adopt and alter a corporate seal;
§ 23104. Governing body (3) choose officers, trustees, managers,
agents, and employees as the activities of the
(a) BOARD OF TRUSTEES.—(1) The board of corporation require;
trustees is the governing body of the corpora- (4) make contracts;
tion. Between meetings of the members of the (5) acquire, own, lease, encumber, and trans-
corporation, the board is responsible for the gen- fer property as necessary or convenient to
eral policies and program of the corporation and carry out the purposes of the corporation;
for the control of all funds of the corporation. (6) borrow money, issue instruments of in-
(2) The number of trustees, their manner of se- debtedness, and secure its obligations by
lection (including the filling of vacancies), and granting security interests in its property; and
their term of office are as provided in the by- (7) sue and be sued.
laws. However, the board shall have at least 18 (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1312.)
members.
(3) The board may appoint committees. Each HISTORICAL AND REVISION NOTES
committee has the powers provided in the by-
Revised
laws or by resolution of the board. The powers of Section Source (U.S. Code) Source (Statutes at Large)
a committee may include all the powers of the
23105 .......... 36:4304(2)–(9). July 14, 1964, Pub. L. 88–372,
board. §§ 4(2)–(9), 17, 78 Stat. 315,
(b) OFFICERS.—(1) The officers of the corpora- 318.
36:4317.
tion are a president, one or more vice presidents
as provided in the bylaws, a secretary, a treas- In this section, the text of 36:4317 is omitted as exe-
urer, and other officers as provided in the by- cuted and obsolete.
laws. In clause (1), the words ‘‘and alter’’ and ‘‘not incon-
(2) The manner of election, term of office, and sistent with the laws of the United States or any State
duties of the officers are as provided in the by- in which the corporation is to operate’’ are omitted as
laws. unnecessary.
(c)(1) BOARD OF NOMINATIONS.—The board of In clause (2), the word ‘‘use’’ is omitted as unneces-
sary.
trustees shall appoint a board of nominations,
In clause (3), the word ‘‘activities’’ is substituted for
consisting of at least 24 members, from members ‘‘business’’ for consistency in the revised title.
of the corporation not concurrently serving as In clause (4), the words ‘‘make contracts’’ are sub-
members of the board of trustees. Those individ- stituted for ‘‘contract and be contracted with’’ to
uals serve for the term provided in the bylaws. eliminate unnecessary words.
Page 91 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 23109
AND ORGANIZATIONS

Clause (5) is substituted for ‘‘take by lease, gift, pur- HISTORICAL AND REVISION NOTES
chase, grant, devise, or bequest from any private cor-
poration, association, partnership, firm, or individual Revised
Section Source (U.S. Code) Source (Statutes at Large)
and to hold any property, real, personal, or mixed, nec-
essary or convenient for attaining the objects and car- 23106(a) ...... 36:4313. July 14, 1964, Pub. L. 88–372,
rying into effect the purposes of the corporation’’ and §§ 3(1) (1st sentence words
after 8th comma), 10, 11,
‘‘transfer, convey, lease, sublease, encumber, and other- 13, 78 Stat. 314, 317.
wise alienate real, personal, or mixed property’’ for 23106(b) ...... 36:4311.
consistency in the revised title and to eliminate unnec- 23106(c) ...... 36:4310(a).
23106(d) ...... 36:4310(b).
essary words. The words ‘‘subject, however, to applica- 23106(e) ...... 36:4303(1) (1st sen-
ble provisions of law of any State (A) governing the tence words after
amount or kind of property which may be held by, or 8th comma).
(B) otherwise limiting or controlling the ownership of
property by, a corporation operating in such State’’ are In subsection (a), the words ‘‘any shares of’’ are omit-
omitted as unnecessary. ted as unnecessary.
In subsection (c), the words ‘‘inure to the benefit of’’
In clause (6), the words ‘‘instruments of indebted-
are substituted for ‘‘inure to’’ for consistency in the re-
ness’’ are substituted for ‘‘bonds’’ for consistency in
vised title.
the revised title. The words ‘‘secure its obligations by
In subsection (d), the words ‘‘or advance’’ are added
granting security interests in its property’’ are sub-
in 2 places for consistency in the subsection.
stituted for ‘‘secure the same by mortgage, deed of
trust, pledge, or otherwise’’ for consistency in the re- § 23107. Principal office
vised title and to eliminate unnecessary words. The
words ‘‘for the purposes of the corporation’’ and ‘‘sub- The principal office of the corporation shall be
ject in every case to all applicable provisions of Federal in Dayton, Ohio, or another place decided by the
and State laws’’ are omitted as unnecessary. board of trustees. However, the activities of the
In clause (7), the words ‘‘complain and defend in any corporation are not confined to the place where
court of competent jurisdiction’’ are omitted as unnec- the principal office is located but may be con-
essary and for consistency in the revised title. ducted throughout the States, territories, and
possessions of the United States.
§ 23106. Restrictions (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1313.)
(a) STOCK AND DIVIDENDS.—The corporation HISTORICAL AND REVISION NOTES
may not issue stock or declare or pay a divi-
Revised
dend. Section Source (U.S. Code) Source (Statutes at Large)

(b) POLITICAL ACTIVITIES.—The corporation or 23107 .......... 36:4305(a). July 14, 1964, Pub. L. 88–372,
a trustee, officer, employee, member of the § 5(a), 78 Stat. 316.
board of nominations, or member of the corpora-
tion as such may not contribute to, support, or The word ‘‘various’’ is omitted as unnecessary. The
words ‘‘the Commonwealth of Puerto Rico’’ are omitted
assist a political party or candidate for public
as included in ‘‘territories, and possessions of the
office. United States’’.
(c) DISTRIBUTION OF INCOME OR ASSETS.—The
income or assets of the corporation may not § 23108. Records and inspection
inure to the benefit of, or be distributed to, a (a) RECORDS.—The corporation shall keep—
trustee, officer, member of the board of nomina- (1) correct and complete records of account;
tions, or member of the corporation, as such, (2) minutes of the proceedings of its mem-
during the life of the corporation or on its dis- bers, board of trustees, board of nominations,
solution or final liquidation. This subsection and committees having any of the authority of
does not prevent the payment of reasonable its board of trustees; and
compensation to an officer or employee in an (3) at its principal office, a record of the
amount approved by the board of trustees. names and addresses of its members entitled
(d) LOANS.—The corporation may not make a to vote.
loan or advance to a trustee, officer, employee, (b) INSPECTION.—A member entitled to vote, or
member of the board of nominations, or member an agent or attorney of the member, may in-
of the corporation. Trustees who vote for or as- spect the records of the corporation for any
sent to making such a loan or advance, and offi- proper purpose, at any reasonable time.
cers who participate in making the loan or ad-
vance, are jointly and severally liable to the (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1313.)
corporation for the amount of the loan or ad- HISTORICAL AND REVISION NOTES
vance until it is repaid.
(e) CONTRIBUTIONS TO CERTAIN ORGANIZA- Revised Source (U.S. Code) Source (Statutes at Large)
Section
TIONS.—None of the principal or interest of a
fund referred to in section 23102(1) of this title 23108 .......... 36:4314. July 14, 1964, Pub. L. 88–372,
§ 14, 78 Stat. 317.
may be contributed to an organization if—
(1) a substantial part of its activities is car- The word ‘‘records’’ is substituted for ‘‘books and
rying on propaganda or attempting to influ- records’’ for consistency in the revised title and with
ence legislation; or other titles of the United States Code.

(2) any part of its net earnings benefits a pri- § 23109. Statement required in audit report
vate shareholder or individual.
The corporation shall include in the audit re-
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1313.) port statement required under section
§ 23110 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 92
AND ORGANIZATIONS

10101(b)(1)(B) of this title a schedule of all con- included in ‘‘liabilities’’. The words ‘‘outstanding’’ and
tracts requiring payments greater than $10,000 ‘‘all Federal and State laws applicable thereto’’ are
and all payments of compensation or fees at a omitted as unnecessary.
rate greater than $10,000 a year. CHAPTER 301—BIG BROTHERS—BIG SISTERS
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1314.) OF AMERICA
HISTORICAL AND REVISION NOTES Sec.
30101. Organization.
Revised Source (U.S. Code) Source (Statutes at Large)
30102. Purposes.
Section 30103. Membership.
23109 .......... 36:4315(b) (2d sen- July 14, 1964, Pub. L. 88–372, 30104. Governing body.
tence cl. (2)). § 15(b) (2d sentence cl. (2)), 30105. Powers.
78 Stat. 318. 30106. Exclusive right to names, seals, emblems, and
badges.
The word ‘‘salaries’’ is omitted as unnecessary. 30107. Restrictions.
30108. Principal office.
TERMINATION OF REPORTING REQUIREMENTS
30109. Records and inspection.
For termination, effective May 15, 2000, of reporting 30110. Service of process.
provisions in this section, see section 3003 of Pub. L. 30111. Liability for acts of officers and agents.
104–66, as amended, set out as a note under section 1113 30112. Distribution of assets on dissolution or final
of Title 31, Money and Finance, and page 197 of House liquidation.
Document No. 103–7.
§ 30101. Organization
§ 23110. Service of process
(a) FEDERAL CHARTER.—Big Brothers—Big Sis-
The corporation shall have a designated agent ters of America (in this chapter, the ‘‘corpora-
in the District of Columbia to receive service of tion’’) is a federally chartered corporation.
process for the corporation. Notice to or service (b) PLACE OF INCORPORATION AND DOMICILE.—
on the agent is notice to or service on the cor- The corporation is declared to be incorporated
poration. and domiciled in the District of Columbia.
(c) PERPETUAL EXISTENCE.—Except as other-
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1314.)
wise provided, the corporation has perpetual ex-
HISTORICAL AND REVISION NOTES istence.
Revised (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1314.)
Section Source (U.S. Code) Source (Statutes at Large)
HISTORICAL AND REVISION NOTES
23110 .......... 36:4305(b). July 14, 1964, Pub. L. 88–372,
§ 5(b), 78 Stat. 316. Revised
Section Source (U.S. Code) Source (Statutes at Large)
The words ‘‘at all times’’ and ‘‘authorized’’ are omit-
ted as unnecessary. 30101 .......... 36:881. Sept. 2, 1958, Pub. L. 85–870,
§ 1, 72 Stat. 1691; Nov. 11,
1977, Pub. L. 95–167, § 1(a),
§ 23111. Liability for acts of officers and agents 91 Stat. 1347.
36:882. Sept. 2, 1958, Pub. L. 85–870,
The corporation is liable for the acts of its of- §§ 2, 4(1), 72 Stat. 1691.
36:884(1).
ficers and agents acting within the scope of
their authority. This section is substituted for the source provisions
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1314.) for consistency in the revised title and to eliminate ex-
ecuted and unnecessary words. The text of 36:881(b) is
HISTORICAL AND REVISION NOTES omitted as unnecessary because of the restatement.
The text of 36:882 is omitted as executed and obsolete.
Revised
Source (U.S. Code) Source (Statutes at Large)
Section § 30102. Purposes
23111 .......... 36:4312. July 14, 1964, Pub. L. 88–372, The purposes of the corporation are—
§ 12, 78 Stat. 317.
(1) to assist individuals throughout the
United States in solving their social and eco-
§ 23112. Distribution of assets on dissolution or
nomic problems and in their health and edu-
final liquidation
cational and character development;
On dissolution or final liquidation of the cor- (2) to promote the use, by other lay and pro-
poration, any assets remaining after the dis- fessional agencies and workers, of the tech-
charge of all liabilities shall be distributed as niques of that assistance developed by the cor-
provided by the board of trustees, but consistent poration; and
with the purposes of the corporation and in com- (3) to receive, invest, and disburse funds and
pliance with the charter and bylaws. hold property for the purposes of the corpora-
tion.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1314.)
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1314.)
HISTORICAL AND REVISION NOTES
HISTORICAL AND REVISION NOTES
Revised Source (U.S. Code) Source (Statutes at Large)
Section Revised
Section Source (U.S. Code) Source (Statutes at Large)
23112 .......... 36:4316. July 14, 1964, Pub. L. 88–372,
§ 16, 78 Stat. 318. 30102 .......... 36:883. Sept. 2, 1958, Pub. L. 85–870,
§ 3, 72 Stat. 1691; Nov. 11,
The word ‘‘satisfaction’’ is omitted as included in 1977, Pub. L. 95–167, § 1(b),
91 Stat. 1347.
‘‘discharge’’, and the word ‘‘obligations’’ is omitted as
Page 93 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 30106
AND ORGANIZATIONS

In clause (1), the words ‘‘aid’’ and ‘‘of America’’ are (2) adopt and alter a corporate seal;
omitted as unnecessary. (3) choose officers, managers, agents, and
Clause (2) is substituted for ‘‘to promote the use of
the techniques of such assistance developed by the cor-
employees as the activities of the corporation
poration, by other lay and professional agencies and require;
workers’’ for clarity. (4) make contracts;
(5) acquire, own, lease, encumber, and trans-
§ 30103. Membership fer property as necessary or convenient to
(a) ELIGIBILITY.—Except as provided in this carry out the purposes of the corporation;
chapter, eligibility for membership in the cor- (6) borrow money, issue instruments of in-
poration and the rights, privileges, and designa- debtedness, and secure its obligations by
tion of classes of members are as provided in the granting security interests in its property; and
constitution and bylaws of the corporation. (7) sue and be sued.
(b) VOTING.—Each member has one vote on (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1315.)
each matter submitted to a vote at a meeting of
the members. HISTORICAL AND REVISION NOTES
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1315.) Revised
Section Source (U.S. Code) Source (Statutes at Large)
HISTORICAL AND REVISION NOTES
30105 .......... 36:884(2)–(9). Sept. 2, 1958, Pub. L. 85–870,
Revised § 4(2)–(9), 72 Stat. 1691.
Section Source (U.S. Code) Source (Statutes at Large) 36:896. Sept. 2, 1958, Pub. L. 85–870,
§ 16, 72 Stat. 1695; Nov. 11,
30103 .......... 36:886. Sept. 2, 1958, Pub. L. 85–870, 1977, Pub. L. 95–167, § 1(f),
§ 6, 72 Stat. 1692. 91 Stat. 1347.

In subsection (a), the words ‘‘are as provided in the In this section, the text of 36:896 is omitted as exe-
constitution and bylaws of the corporation’’ are sub- cuted and obsolete.
stituted for ‘‘shall . . . be determined as the constitu- In clause (1), the words ‘‘and alter’’ and ‘‘not incon-
tion and bylaws of the corporation may provide’’ for sistent with the laws of the United States or any State
consistency in the revised title and to eliminate unnec- in which the corporation is to operate’’ are omitted as
essary words. unnecessary.
In subsection (b), the words ‘‘the right to’’ are omit- In clause (2), the word ‘‘use’’ is omitted as unneces-
ted as unnecessary. sary.
In clause (3), the word ‘‘activities’’ is substituted for
§ 30104. Governing body ‘‘business’’ for consistency in the revised title.
(a) BOARD OF DIRECTORS.—(1) The board of di- In clause (4), the words ‘‘make contracts’’ are sub-
rectors is the governing body of the corporation. stituted for ‘‘contract and be contracted with’’ to
eliminate unnecessary words.
The powers, duties, and responsibilities of the Clause (5) is substituted for ‘‘take by lease, gift, pur-
board are as provided in the constitution and by- chase, grant, devise, or bequest from any private cor-
laws of the corporation. poration, association, partnership, firm, or individual
(2) The number of directors is as provided in and to hold any property, real, personal, or mixed, nec-
the constitution. Their manner of selection (in- essary or convenient for attaining the objects and car-
cluding the filling of vacancies) and their term rying into effect the purposes of the corporation’’ and
of office are as provided in the constitution and ‘‘transfer, convey, lease, sublease, encumber, and other-
bylaws. wise alienate real, personal, or mixed property’’ for
(b) OFFICERS.—(1) The officers of the corpora- consistency in the revised title and to eliminate unnec-
tion are a chairman of the board of directors, a essary words. The words ‘‘subject, however, to applica-
president, one or more vice presidents as pro- ble provisions of law of any State (A) governing the
amount or kind of property which may be held by, or
vided in the constitution and bylaws, a sec-
(B) otherwise limiting or controlling the ownership of
retary, and a treasurer. property by, a corporation operating in such State’’ are
(2) The manner of election, term of office, and omitted as unnecessary.
duties of the officers are as provided in the con- In clause (6), the words ‘‘instruments of indebted-
stitution and bylaws. ness’’ are substituted for ‘‘bonds’’ for consistency in
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1315.) the revised title. The words ‘‘secure its obligations by
granting security interests in its property’’ are sub-
HISTORICAL AND REVISION NOTES stituted for ‘‘secure the same by mortgage, deed of
trust, pledge, or otherwise’’ to eliminate unnecessary
Revised words. The words ‘‘for the purposes of the corporation’’,
Section Source (U.S. Code) Source (Statutes at Large)
‘‘therefor’’, and ‘‘subject in every case to all applicable
30104(a) ...... 36:887. Sept. 2, 1958, Pub. L. 85–870, provisions of Federal and State laws’’ are omitted as
§ 7, 72 Stat. 1692; Nov. 11, unnecessary.
1977, Pub. L. 95–167, § 1(d),
91 Stat. 1347. In clause (7), the words ‘‘complain, and defend in any
30104(b) ...... 36:888. Sept. 2, 1958, Pub. L. 85–870, court of competent jurisdiction’’ are omitted as unnec-
§ 8, 72 Stat. 1693. essary.
In subsection (a), the text of 36:887(a) is omitted as § 30106. Exclusive right to names, seals, emblems,
executed and obsolete. In paragraph (1), the word ‘‘gov- and badges
erning’’ is substituted for ‘‘managing’’ for consistency
in the revised title. The corporation and its subordinate divisions
have the exclusive right to use the names ‘‘The
§ 30105. Powers Big Brothers of America, Big Sisters Inter-
The corporation may— national, Incorporated’’, ‘‘Big Sisters of Amer-
(1) adopt and amend a constitution and by- ica’’, ‘‘Big Brothers’’, ‘‘Big Sisters’’, ‘‘Big Broth-
laws for the management of its property and ers—Big Sisters of America’’, and ‘‘Big Sisters—
the regulation of its affairs; Big Brothers’’, and to use and to allow others to
§ 30107 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 94
AND ORGANIZATIONS

use seals, emblems, and badges the corporation the place where the principal office is located
adopts. but may be conducted throughout the States,
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1315.) territories, and possessions of the United States.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1316.)
HISTORICAL AND REVISION NOTES
HISTORICAL AND REVISION NOTES
Revised Source (U.S. Code) Source (Statutes at Large)
Section Revised
Section Source (U.S. Code) Source (Statutes at Large)
30106 .......... 36:895. Sept. 2, 1958, Pub. L. 85–870,
§ 15, 72 Stat. 1694; Nov. 11, 30108 .......... 36:885(a). Sept. 2, 1958, Pub. L. 85–870,
1977, Pub. L. 95–167, § 1(e), § 5(a), 72 Stat. 1692; Nov.
91 Stat. 1347. 11, 1977, Pub. L. 95–167,
§ 1(c), 91 Stat. 1347.
The word ‘‘sole’’ is omitted as included in ‘‘exclu-
sive’’. The words ‘‘or refuse’’ are omitted as unneces- The word ‘‘various’’ is omitted as unnecessary.
sary. The words ‘‘the corporation adopts’’ are sub-
stituted for ‘‘as have heretofore been used by the prede- § 30109. Records and inspection
cessor New York corporation, Big Brothers of America,
Incorporated, described in section 896(a) of this title, (a) RECORDS.—The corporation shall keep—
and by the District of Columbia corporation, Big Sis- (1) correct and complete records of account;
ters International, Incorporated, described in section (2) minutes of the proceedings of its mem-
896(b) of this title, and the right to which may be trans- bers, board of directors, and committees hav-
ferred to the corporation’’ for consistency in the re- ing any of the authority of its board of direc-
vised title. tors; and
(3) at its principal office, a record of the
§ 30107. Restrictions
names and addresses of its members entitled
(a) STOCK AND DIVIDENDS.—The corporation to vote.
may not issue stock or declare or pay a divi- (b) INSPECTION.—A member entitled to vote, or
dend. an agent or attorney of the member, may in-
(b) POLITICAL ACTIVITIES.—The corporation or spect the records of the corporation for any
a director or officer as such may not contribute proper purpose, at any reasonable time.
to, support, or assist a political party or can-
didate for public office. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1316.)
(c) DISTRIBUTION OF INCOME OR ASSETS.—The HISTORICAL AND REVISION NOTES
income or assets of the corporation may not
inure to the benefit of, or be distributed to, a di- Revised
Source (U.S. Code) Source (Statutes at Large)
Section
rector, officer, or member as such during the life
of the corporation or on its dissolution or final 30109 .......... 36:893. Sept. 2, 1958, Pub. L. 85–870,
§ 13, 72 Stat. 1694.
liquidation. This subsection does not prevent
the payment of compensation to an officer in an The word ‘‘records’’ is substituted for ‘‘books and
amount approved by the board of directors. records’’ for consistency in the revised title and with
(d) LOANS.—The corporation may not make a other titles of the United States Code.
loan or advance to a director, officer, or em-
ployee. Directors who vote for or assent to mak- § 30110. Service of process
ing a loan or advance to a director, officer, or The corporation shall have a designated agent
employee, and officers who participate in mak- in the District of Columbia to receive service of
ing the loan or advance, are jointly and sever- process for the corporation. Notice to or service
ally liable to the corporation for the amount of on the agent, or mailed to the business address
the loan or advance until it is repaid. of the agent, is notice to or service on the cor-
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1315.) poration.
HISTORICAL AND REVISION NOTES (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1316.)

Revised
HISTORICAL AND REVISION NOTES
Section Source (U.S. Code) Source (Statutes at Large)
Revised Source (U.S. Code) Source (Statutes at Large)
30107(a) ...... 36:892. Sept. 2, 1958, Pub. L. 85–870, Section
§§ 9, 10, 12, 72 Stat. 1693,
1694. 30110 .......... 36:885(b). Sept. 2, 1958, Pub. L. 85–870,
30107(b) ...... 36:890. § 5(b), 72 Stat. 1692.
30107(c) ...... 36:889(a).
30107(d) ...... 36:889(b). The words ‘‘at all times’’ are omitted as unnecessary.
In subsection (a), the words ‘‘any shares of’’ are omit- § 30111. Liability for acts of officers and agents
ted as unnecessary.
In subsection (c), the words ‘‘inure to the benefit of’’ The corporation is liable for the acts of its of-
are substituted for ‘‘inure to’’ for consistency in the re- ficers and agents acting within the scope of
vised title. their authority.
In subsection (d), the words ‘‘or advance’’ are added
in 2 places for consistency in the subsection. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1316.)

§ 30108. Principal office HISTORICAL AND REVISION NOTES

The principal office of the corporation shall be Revised Source (U.S. Code) Source (Statutes at Large)
Section
in Philadelphia, Pennsylvania, or another place
decided by the board of directors. However, the 30111 .......... 36:891. Sept. 2, 1958, Pub. L. 85–870,
§ 11, 72 Stat. 1694.
activities of the corporation are not confined to
Page 95 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 30304
AND ORGANIZATIONS

§ 30112. Distribution of assets on dissolution or (3) to preserve and strengthen a spirit of fel-
final liquidation lowship among blinded veterans so that they
may give mutual aid and assistance to one an-
On dissolution or final liquidation of the cor-
other; and
poration, any assets remaining after the dis- (4) to maintain and extend the institutions
charge of all liabilities shall be distributed as of American freedom and to encourage loyalty
provided by the board of directors, but in com- to the Constitution and laws of the United
pliance with the constitution and bylaws of the States and of the States in which they reside.
corporation.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1317.)
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1316.)
HISTORICAL AND REVISION NOTES
HISTORICAL AND REVISION NOTES
Revised Source (U.S. Code) Source (Statutes at Large)
Revised Section
Section Source (U.S. Code) Source (Statutes at Large)
30302 .......... 36:853(1)–(3), (4) (less Aug. 27, 1958, Pub. L. 85–769,
30112 .......... 36:897. Sept. 2, 1958, Pub. L. 85–870, words between 1st § 3(1)–(3), (4) (less words
§ 17, 72 Stat. 1695. comma and semi- between 1st comma and
colon). semicolon), 72 Stat. 924.
The word ‘‘satisfaction’’ is omitted as included in
‘‘discharge’’, and the word ‘‘obligations’’ is omitted as In clause (1), the words ‘‘to operate as a not-for-profit
included in ‘‘liabilities’’. The words ‘‘outstanding’’ and corporation’’ are substituted for ‘‘To be organized and
‘‘all Federal and State laws applicable thereto’’ are operated as a corporation not for profit . . . and such
omitted as unnecessary. corporation is organized and shall be operated’’ in
36:853(4) to eliminate unnecessary words.
CHAPTER 303—BLINDED VETERANS
ASSOCIATION § 30303. Membership
(a) GENERAL MEMBERSHIP.—An individual who
Sec.
30301. Organization. served in the Armed Forces of the United States
30302. Purposes. and who, in the line of duty in that service, sus-
30303. Membership. tained a substantial impairment of sight or vi-
30304. Governing body. sion as defined by the bylaws of the corporation
30305. Powers. is eligible for general membership in the cor-
30306. Exclusive right to name, seals, emblems, and poration.
badges. (b) HONORARY AND ASSOCIATE MEMBERSHIP.—In
30307. Restrictions.
addition to general membership, the corporation
30308. Principal office.
30309. Records and inspection. shall have special classes of honorary and asso-
30310. Service of process. ciate membership. Eligibility for, and the rights
30311. Liability for acts of officers and agents. and obligations of, those special classes are as
30312. Distribution of assets on dissolution or final provided in the bylaws.
liquidation.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1317.)
§ 30301. Organization HISTORICAL AND REVISION NOTES
(a) FEDERAL CHARTER.—Blinded Veterans As-
Revised Source (U.S. Code) Source (Statutes at Large)
sociation (in this chapter, the ‘‘corporation’’) is Section
a federally chartered corporation.
30303 .......... 36:856. Aug. 27, 1958, Pub. L. 85–769,
(b) PERPETUAL EXISTENCE.—Except as other- § 6, 72 Stat. 925.
wise provided, the corporation has perpetual ex-
istence. In subsection (a), the word ‘‘individual’’ is sub-
stituted for ‘‘person’’ for clarity and consistency in the
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1317.) revised title and with other titles of the United States
Code. The words ‘‘served in’’ are substituted for ‘‘was
HISTORICAL AND REVISION NOTES
enlisted, drafted, inducted, or commissioned in’’ to
Revised eliminate unnecessary words. The words ‘‘from time to
Section Source (U.S. Code) Source (Statutes at Large) time’’ are omitted as unnecessary.
In subsection (b), the word ‘‘qualification’’ is omitted
30301 .......... 36:851. Aug. 27, 1958, Pub. L. 85–769, as included in ‘‘eligibility’’. The words ‘‘All persons
§§ 1, 2, 72 Stat. 922.
36:852. who are members of any class of Blinded Veterans As-
sociation, Incorporated, on August 27, 1958 shall be
This section is substituted for the source provision members of such class of the corporation’’ are omitted
for consistency in the revised title and to eliminate un- as executed.
necessary and executed words.
The text of 36:852 is omitted as executed and obsolete. § 30304. Governing body

§ 30302. Purposes (a) BOARD OF DIRECTORS.—(1) The number of


directors of the corporation shall be at least
The purposes of the corporation are— three but not more than 15. The directors shall
(1) to operate as a not-for-profit corporation be divided into a specified number of classes.
exclusively for charitable, educational, patri- Each class shall hold office for a definite period
otic, and civic improvement purposes; of years as provided in the bylaws.
(2) to promote the welfare of blinded veter- (2) A majority of the directors must be present
ans so that, notwithstanding their disabilities, at a meeting of directors to constitute a
they may take their rightful place in the com- quorum. A majority vote of the directors
munity and work with their fellow citizens to- present at a meeting at which there is a quorum
ward the creation of a peaceful world; is necessary for the transaction of business.
§ 30305 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 96
AND ORGANIZATIONS

(3) A director may be removed at any time for In clause (5), the words ‘‘make contracts’’ are sub-
just and proper cause by a majority vote of a stituted for ‘‘contract and be contracted with’’ to
quorum of directors present at a meeting called eliminate unnecessary words.
Clause (6) is substituted for ‘‘take and hold by lease,
for that purpose. gift, purchase, grant, devise, bequest or otherwise any
(4) A vacancy in the office of director may be property real, personal, or mixed, necessary or conven-
filled by a majority vote of a quorum of the re- ient for attaining the objects of the corporation’’ and
maining directors present at a meeting called ‘‘transfer, lease, or convey real or personal property’’
for that purpose. A director elected to fill a va- for consistency in the revised title and to eliminate un-
cancy serves until the next annual meeting of necessary words. The words ‘‘subject, however, to appli-
the corporation. cable provisions of law of any State, (a) governing the
(b) OFFICERS.—The officers of the corporation amount or kind of real and personal property which
may be held by, or, (b) otherwise limiting or control-
and their manner of election, term of office, du-
ling the ownership of real and personal property by, a
ties, and powers are as provided in the bylaws. corporation operating in such State’’ are omitted as
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1317.) unnecessary.
Clause (7) is substituted for ‘‘borrow money for the
HISTORICAL AND REVISION NOTES purposes of the corporation and issue bonds or other
evidences of indebtedness therefor and secure the same
Revised Source (U.S. Code) Source (Statutes at Large) by mortgage or pledge subject to applicable Federal or
Section
State laws’’ for consistency in the revised title and to
30304(a) ...... 36:857. Aug. 27, 1958, Pub. L. 85–769, eliminate unnecessary words.
§§ 7, 8, 72 Stat. 925. In clause (8), the words ‘‘complain and defend in any
30304(b) ...... 36:858.
court of competent jurisdiction’’ are omitted as unnec-
essary.
In subsection (a)(1), the words ‘‘from time to time’’ In clause (9), the words ‘‘any other act’’ are sub-
are omitted as unnecessary. The words ‘‘except that stituted for ‘‘any and all acts’’ for consistency in the
the directors of Blinded Veterans Association, Incor- revised title.
porated, on August 27, 1958 shall be the first directors
of the corporation’’ are omitted as executed and obso- § 30306. Exclusive right to name, seals, emblems,
lete. and badges
In subsection (a)(4), the word ‘‘duly’’ is omitted as
unnecessary. The corporation and its authorized regional
Subsection (b) is substituted for the source provision groups and other local subdivisions have the ex-
for consistency in the revised title. The words ‘‘consist- clusive right to use the name ‘‘Blinded Veterans
ent with this charter’’ in 36:858(b) are omitted as unnec-
essary.
Association’’ and seals, emblems, and badges the
corporation adopts.
§ 30305. Powers (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1318.)
The corporation may— HISTORICAL AND REVISION NOTES
(1) adopt and amend a constitution and by-
laws for the management of its property and Revised
Source (U.S. Code) Source (Statutes at Large)
the regulation of its affairs; Section
(2) adopt and alter a corporate seal; 30306 .......... 36:867. Aug. 27, 1958, Pub. L. 85–769,
(3) choose officers, managers, and agents as § 17, 72 Stat. 927.
the activities of the corporation require;
The word ‘‘sole’’ is omitted as included in ‘‘exclu-
(4) charge and collect membership dues; sive’’, and the word ‘‘have’’ (the 2d time appearing) is
(5) make contracts; omitted as included in ‘‘use’’. The words ‘‘duly’’, ‘‘in
(6) acquire, own, lease, encumber, and trans- carrying out its purposes’’, and ‘‘lawfully’’ are omitted
fer property as necessary or convenient to as unnecessary.
carry out the purposes of the corporation;
(7) borrow money, issue instruments of in- § 30307. Restrictions
debtedness, and secure its obligations by (a) STOCK AND DIVIDENDS.—The corporation
granting security interests in its property; may not issue stock or declare or pay a divi-
(8) sue and be sued; and dend.
(9) do any other act necessary and proper to (b) POLITICAL ACTIVITIES.—The corporation or
carry out the purposes of the corporation. a director or officer as such may not contribute
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1318.) to, support, or assist a political party or can-
didate for elective public office.
HISTORICAL AND REVISION NOTES (c) DISTRIBUTION OF INCOME OR ASSETS.—The
Revised income or assets of the corporation may not
Source (U.S. Code) Source (Statutes at Large)
Section inure to the benefit of, or be distributed to, a di-
30305 .......... 36:854. Aug. 27, 1958, Pub. L. 85–769, rector, officer, or member as such during the life
§§ 4, 16, 72 Stat. 924, 927. of the corporation or on its dissolution or final
36:866.
liquidation. This section does not prevent the
In this section, the text of 36:866 is omitted as exe- payment of—
cuted and obsolete. (1) bona fide expenses of officers of the cor-
In clause (1), the words ‘‘apply, and alter’’ and ‘‘not poration in amounts approved by the board of
inconsistent with the laws of the United States of directors; or
America or any State in which the corporation is to op- (2) appropriate aid to blinded veterans or
erate’’ are omitted as unnecessary. their widows or children in carrying out the
In clause (2), the word ‘‘use’’ is omitted as unneces- purposes of the corporation.
sary.
In clause (3), the word ‘‘activities’’ is substituted for (d) LOANS.—The corporation may not make a
‘‘business’’ for consistency in the revised title. loan to a director, officer, or employee. Direc-
Page 97 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 30312
AND ORGANIZATIONS

tors and officers who vote for or assent to mak- HISTORICAL AND REVISION NOTES
ing a loan to a director, officer, or employee,
Revised
and officers who participate in making the loan, Section Source (U.S. Code) Source (Statutes at Large)
are jointly and severally liable to the corpora-
30309 .......... 36:863. Aug. 27, 1958, Pub. L. 85–769,
tion for the amount of the loan until it is repaid. § 13, 72 Stat. 926.
(e) IMMUNITY FROM LIABILITY.—Members and
private individuals are not liable for the obliga- The word ‘‘records’’ is substituted for ‘‘books and
tions of the corporation. records’’ for consistency in the revised title and with
other titles of the United States Code.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1318.)
HISTORICAL AND REVISION NOTES § 30310. Service of process
Revised Source (U.S. Code) Source (Statutes at Large) The corporation shall have a designated agent
Section
in the District of Columbia to receive service of
30307(a) ...... 36:862. Aug. 27, 1958, Pub. L. 85–769, process for the corporation. Notice to or service
§§ 3(4) (words between 1st
comma and semicolon), 9, on the agent, or mailed to the business address
10, 12, 72 Stat. 924, 926. of the agent, is notice to or service on the cor-
30307(b) ...... 36:860.
30307(c) ...... 36:853(4) (words be- poration.
tween 1st comma
and semicolon). (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1319.)
36:859(a) (1st sen-
tence words be- HISTORICAL AND REVISION NOTES
fore last comma,
last sentence).
30307(d) ...... 36:859(b). Revised Source (U.S. Code) Source (Statutes at Large)
30307(e) ...... 36:859(a) (1st sen- Section
tence words after
last comma). 30310 .......... 36:855(b). Aug. 27, 1958, Pub. L. 85–769,
§ 5(b), 72 Stat. 925.
In subsection (a), the words ‘‘any shares of’’ are omit-
ted as unnecessary. The words ‘‘at all times’’, ‘‘authorized’’, and
In subsection (c), the words ‘‘inure to the benefit of’’ ‘‘deemed’’ are omitted as unnecessary and for consist-
are substituted for ‘‘inure to’’ for consistency in the re- ency in the revised title. The words ‘‘service of proc-
vised title. The text of 36:853(4) (words between 1st ess’’ are substituted for ‘‘service and process’’ for con-
comma and semicolon) is omitted as unnecessary. sistency in the revised title.

§ 30308. Principal office § 30311. Liability for acts of officers and agents
The principal office of the corporation shall be The corporation is liable for the acts of its of-
in the District of Columbia or another place de- ficers and agents acting within the scope of
cided by the board of directors. However, the ac- their authority.
tivities of the corporation are not confined to (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1319.)
the place where the principal office is located
but may be conducted throughout the States, HISTORICAL AND REVISION NOTES
territories, and possessions of the United States.
Revised Source (U.S. Code) Source (Statutes at Large)
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1318.) Section

30311 .......... 36:861. Aug. 27, 1958, Pub. L. 85–769,


HISTORICAL AND REVISION NOTES § 11, 72 Stat. 926.

Revised Source (U.S. Code) Source (Statutes at Large)


Section
§ 30312. Distribution of assets on dissolution or
30308 .......... 36:855(a). Aug. 27, 1958, Pub. L. 85–769,
§ 5(a), 72 Stat. 925. final liquidation

The word ‘‘various’’ is omitted as unnecessary. The On dissolution or final liquidation of the cor-
word ‘‘States’’ is added for clarity and consistency in poration, any assets remaining after the dis-
the revised title. charge of all liabilities shall be transferred to
the Secretary of Veterans Affairs to be applied
§ 30309. Records and inspection to the care and comfort of blinded veterans.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1319.)
(a) RECORDS.—The corporation shall keep—
(1) correct and complete records of account; HISTORICAL AND REVISION NOTES
(2) minutes of the proceedings of its mem-
Revised
bers, board of directors, and committees hav- Section Source (U.S. Code) Source (Statutes at Large)
ing any of the authority of its board of direc-
tors; and 30312 .......... 36:865. Aug. 27, 1958, Pub. L. 85–769,
§ 15, 72 Stat. 927; June 13,
(3) at its principal office, a record of the 1991, Pub. L. 102–54,
names and addresses of its members, directors, § 13(n)(4), 105 Stat. 278.
and officers.
The word ‘‘satisfaction’’ is omitted as included in
(b) INSPECTION.—A member, or an agent or at- ‘‘discharge’’, and the word ‘‘obligations’’ is omitted as
torney of the member, may inspect the records included in ‘‘liabilities’’. The word ‘‘outstanding’’ is
of the corporation for any proper purpose, at omitted as unnecessary. The words ‘‘Secretary of Vet-
erans Affairs’’ are substituted for ‘‘Department of Vet-
any reasonable time.
erans Affairs’’ because under 38:303 the Secretary is the
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1319.) head of the Department.
§ 30501 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 98
AND ORGANIZATIONS

CHAPTER 305—BLUE STAR MOTHERS OF This section is substituted for the source provisions
AMERICA, INC. for consistency in the revised title and to eliminate ex-
ecuted and unnecessary words. The last sentence of sec-
Sec. tion 1 of the Act of July 14, 1960 (Public Law 86–653, 74
30501. Definition. Stat. 515), is omitted as executed.
30502. Organization.
30503. Purposes.
§ 30503. Purposes
30504. Membership.
30505. Governing body. The purposes of the corporation are patriotic,
30506. Powers. educational, social, and for service, and in-
30507. Exclusive right to name, seals, emblems, and
clude—
badges.
30508. Restrictions. (1) perpetuating the Blue Star Mothers of
30509. Principal office. America, Inc., and the memory of all the men
30510. Records and inspection. and women who have served our country as
30511. Service of process. members of the Armed Forces;
30512. Liability for acts of officers and agents. (2) maintaining true allegiance to the Gov-
30513. Annual report. ernment of the United States;
30514. Distribution of assets on dissolution or final (3) educating members of the corporation
liquidation.
and others not to divulge military, naval, or
§ 30501. Definition other Government information;
(4) assisting in veterans’ ceremonies;
For purposes of this chapter, ‘‘Armed Forces’’ (5) attending patriotic rallies and meetings;
includes the United States Army, United States (6) fostering true democracy;
Navy, United States Marines, United States Air (7) caring for unsupported mothers who gave
Force, United States Coast Guard, National their sons to the service of the Nation;
Guard, United States Army Reserves, United (8) aiding in bringing about recognition of
States Navy Reserves, United States Marine Re- the need for permanent civilian defense in
serves, United States Air Force Reserves, United each community and the need to be always
States Coast Guard Reserves, United States alert against invasion of un-American activi-
Naval Militia, merchant marines, and armed ties;
home guards who have served on active duty. (9) upholding the American institutions of
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1319.) freedom, justice, and equal rights; and
(10) defending the United States from all en-
HISTORICAL AND REVISION NOTES emies.
Revised Source (U.S. Code) Source (Statutes at Large)
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1320.)
Section
HISTORICAL AND REVISION NOTES
30501 .......... 36:945 (last sen- July 14, 1960, Pub. L. 86–653,
tence). § 5 (last sentence), 74 Stat.
516. Revised
Section Source (U.S. Code) Source (Statutes at Large)

TRANSFER OF FUNCTIONS 30503 .......... 36:943. July 14, 1960, Pub. L. 86–653,
§ 3, 74 Stat. 515.
For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities Before clause (1), the words ‘‘The purposes of the cor-
and functions of the Secretary of Transportation relat- poration are patriotic, educational, social, and for serv-
ing thereto, to the Department of Homeland Security, ice, and include’’ are substituted for ‘‘The purposes of
and for treatment of related references, see sections the corporation shall be’’ and ‘‘the further object of
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- this organization shall be patriotic, educational, social,
rity, and the Department of Homeland Security Reor- and for service’’ for clarity.
ganization Plan of November 25, 2002, as modified, set In clause (3), the words ‘‘members of the corporation’’
out as a note under section 542 of Title 6. are substituted for ‘‘our members’’ for clarity.
In clause (8), the words ‘‘the need for’’ are substituted
§ 30502. Organization for ‘‘the need of’’, and the words ‘‘in each community’’
are substituted for ‘‘for each community’’, for clarity.
(a) FEDERAL CHARTER.—Blue Star Mothers of The words ‘‘the need’’ are added for clarity. The words
America, Inc. (in this chapter, the ‘‘corpora- ‘‘to be always alert’’ are substituted for ‘‘to ever be
tion’’), is a federally chartered corporation. alert’’ for clarity.
(b) PLACE OF INCORPORATION AND DOMICILE.—
The corporation is declared to be incorporated § 30504. Membership
and domiciled in the District of Columbia.
(c) PERPETUAL EXISTENCE.—Except as other- An individual is eligible for membership in the
wise provided, the corporation has perpetual ex- corporation if—
istence. (1) she is a mother, adoptive mother, or step-
mother (who has given a mother’s care at least
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1320.) since the stepchild was age 13) of a son or
HISTORICAL AND REVISION NOTES daughter who—
(A) is serving in the Armed Forces; or
Revised Source (U.S. Code) Source (Statutes at Large) (B) has served in, or has been honorably
Section
discharged from, the Armed Forces in World
30502 .......... 36:941. July 14, 1960, Pub. L. 86–653, War II or the Korean hostilities; and
§§ 1, 2, 4(1), 74 Stat. 515,
516.
36:942. (2) she is living in the United States.
36:944(1).
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1320.)
Page 99 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 30507
AND ORGANIZATIONS

HISTORICAL AND REVISION NOTES (7) sue and be sued; and


(8) do any other act necessary and proper to
Revised Source (U.S. Code) Source (Statutes at Large)
Section carry out the purposes of the corporation.
30504 .......... 36:945 (1st sentence). July 14, 1960, Pub. L. 86–653, (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1321.)
§ 5 (1st sentence), 74 Stat.
516. HISTORICAL AND REVISION NOTES
In clause (1), before subclause (A), the words ‘‘(who Revised
Section Source (U.S. Code) Source (Statutes at Large)
has given a mother’s care at least since the stepchild
was age 13)’’ are substituted for ‘‘(a stepmother eligible 30506 .......... 36:944(2)–(10). July 14, 1960, Pub. L. 86–653,
for membership in the Blue Star Mothers of America, § 4(2)–(10), 74 Stat. 516.
Inc., can claim that eligibility only if she has given a
mother’s care to the stepchild from the age of thirteen In clause (1), the word ‘‘alter’’ is omitted as included
or under)’’ for clarity and to eliminate unnecessary in ‘‘amend’’. The words ‘‘not inconsistent with the laws
words. of the United States or of any State in which the cor-
poration is to operate’’ are omitted as unnecessary.
§ 30505. Governing body In clause (2), the word ‘‘use’’ is omitted as unneces-
(a) NATIONAL CONVENTION.—(1) The national sary.
convention is the supreme governing authority In clause (4), the words ‘‘make contracts’’ are sub-
stituted for ‘‘to contract and be contracted with’’ for
of the corporation.
consistency in the revised title and to eliminate unnec-
(2) The national convention is composed of of-
essary words.
ficers and elected representatives from the Clause (5) is substituted for ‘‘take by lease, gift, pur-
States and other local subdivisions of the cor- chase, grant, devise, or bequest from any public body or
poration as provided in the constitution and by- agency or any private corporation, association, part-
laws. However, the form of government of the nership, firm, or individual and to hold absolutely or in
corporation must be representative of the mem- trust for any of the purposes of the corporation any
bership at large and may not permit concentra- property, real, personal, or mixed, necessary or conven-
tion of control in a limited number of members ient for attaining the objects and carrying into effect
or in a self-perpetuating group not representa- the purposes of the corporation’’ and ‘‘transfer, convey,
lease, sublease, mortgage, encumber and otherwise al-
tive of the membership at large. ienate real, personal, or mixed property’’ for consist-
(3) The meetings of the national convention ency in the revised title and to eliminate unnecessary
may be held in the District of Columbia or any words. The words ‘‘subject, however, to applicable pro-
State, territory, or possession of the United visions of law of any State (A) governing the amount of
States. or kind of property which may be held by, or (B) other-
(b) OFFICERS.—The officers of the corporation wise limiting or controlling the ownership of property
and their manner of selection, term of office, by, a corporation operating in such State’’ are omitted
and duties are as provided in the constitution as unnecessary.
and bylaws of the corporation. In clause (6), the words ‘‘for the purpose of the cor-
poration’’ are omitted as unnecessary. The words
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1320.) ‘‘issue instruments of indebtedness, and secure its obli-
gations by granting security interests in its property’’
HISTORICAL AND REVISION NOTES are substituted for ‘‘issue bonds therefor, and secure
Revised
the same by mortgage, deed of trust, pledge, or other-
Section Source (U.S. Code) Source (Statutes at Large) wise’’ for consistency in the revised title. The words
‘‘subject in every case to all applicable provisions of
30505(a) ...... 36:946. July 14, 1960, Pub. L. 86–653, Federal and State laws’’ are omitted as unnecessary.
§§ 6, 7, 74 Stat. 516.
30505(b) ...... 36:947. In clause (7), the words ‘‘complain and defend in any
court of competent jurisdiction’’ are omitted as unnec-
In subsection (a)(2), the words ‘‘several’’, ‘‘always’’, essary.
and ‘‘thereof . . . the hands of’’ are omitted as unneces-
sary. § 30507. Exclusive right to name, seals, emblems,
In subsection (a)(3), the words ‘‘State, territory, or and badges
possession of the United States’’ are substituted for
‘‘State or Territory’’ for consistency in the revised The corporation and its subordinate divisions
title and with other titles of the United States Code. have the exclusive right to use the name ‘‘Blue
Subsection (b) is substituted for the source provision Star Mothers of America, Inc.’’. The corporation
for consistency in the revised title. has the exclusive right to use, and to allow oth-
§ 30506. Powers ers to use, seals, emblems, and badges the cor-
poration adopts.
The corporation may—
(1) adopt and amend a constitution and by- (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1321.)
laws for the management of its property and HISTORICAL AND REVISION NOTES
the regulation of its affairs;
(2) adopt and alter a corporate seal; Revised Source (U.S. Code) Source (Statutes at Large)
Section
(3) choose officers, managers, employees, and
agents as the activities of the corporation re- 30507 .......... 36:956. July 14, 1960, Pub. L. 86–653,
§ 16, 74 Stat. 518.
quire;
(4) make contracts;
The word ‘‘sole’’ is omitted as included in ‘‘exclu-
(5) acquire, own, lease, encumber, and trans-
sive’’. The words ‘‘and no other organization shall use
fer property as necessary or convenient to the name ‘Blue Star Mothers of America, Inc.’ ’’ are
carry out the purposes of the corporation; omitted as unnecessary. The words ‘‘and to allow oth-
(6) borrow money, issue instruments of in- ers to use’’ are substituted for ‘‘or to allow or refuse
debtedness, and secure its obligations by the use of’’ for consistency in the revised title. The
granting security interests in its property; words ‘‘the corporation adopts’’ are substituted for ‘‘as
§ 30508 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 100
AND ORGANIZATIONS

have heretofore been used by the Blue Star Mothers of (2) minutes of the proceedings of its national
America’’ for consistency in the revised title. conventions and council of administration.
§ 30508. Restrictions (b) INSPECTION.—A member, or an agent or at-
torney of the member, may inspect the records
(a) STOCK AND DIVIDENDS.—The corporation of the corporation for any proper purpose, at
may not issue stock or declare or pay a divi- any reasonable time.
dend.
(b) POLITICAL ACTIVITIES.—The corporation or (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1321.)
an officer or agent as such may not contribute HISTORICAL AND REVISION NOTES
to a political party or candidate for public of-
fice. Revised Source (U.S. Code) Source (Statutes at Large)
Section
(c) DISTRIBUTION OF INCOME OR ASSETS.—The
income or assets of the corporation may not 30510 .......... 36:953. July 14, 1960, Pub. L. 86–653,
§ 13, 74 Stat. 518.
inure to the benefit of, or be distributed to, an
officer or member as such during the life of the The word ‘‘records’’ is substituted for ‘‘books and
corporation or on its dissolution or final liquida- records’’ for consistency in the revised title and with
tion. This subsection does not prevent the pay- other titles of the United States Code.
ment of compensation to an officer or reim- In subsection (a), the reference to the ‘‘council of ad-
ministration’’ is retained although 36:946 and 947 (re-
bursement for actual necessary expenses in
stated in section 30505 of the revised title) do not create
amounts approved by the council of administra- a governing body called a ‘‘council of administration.’’
tion of the corporation.
(d) LOANS.—The corporation may not make a § 30511. Service of process
loan or advance to an officer or employee. Mem- The corporation shall have a designated agent
bers of the council of administration who vote in the District of Columbia to receive service of
for or assent to making a loan or advance to an process, notice, or demand for the corporation.
officer or employee, and officers who participate Designation of the agent shall be filed in the of-
in making the loan or advance, are jointly and fice of the Mayor of the District of Columbia or
severally liable to the corporation for the another office designated by the Mayor. Notice
amount of the loan or advance until it is repaid. to or service on the agent is notice to or service
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1321.) on the corporation.
HISTORICAL AND REVISION NOTES (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1322.)

Revised HISTORICAL AND REVISION NOTES


Section Source (U.S. Code) Source (Statutes at Large)
Revised Source (U.S. Code) Source (Statutes at Large)
30508(a) ...... 36:952. July 14, 1960, Pub. L. 86–653, Section
§§ 9, 10, 12, 74 Stat. 517.
30508(b) ...... 36:950. 30511 .......... 36:948 (1st sentence July 14, 1960, Pub. L. 86–653,
30508(c) ...... 36:949(a). 15th–last words, § 8 (1st sentence 15th–last
30508(d) ...... 36:949(b). 2d, last sen- words, 2d, last sentences),
tences). 74 Stat. 517.
In subsection (a), the words ‘‘any shares of’’ are omit-
The words ‘‘at all times’’ and ‘‘authorized’’ are omit-
ted as unnecessary.
ted as unnecessary. The words ‘‘Designation of the
In subsections (c) and (d), the reference to the ‘‘coun-
agent shall be filed’’ are substituted for ‘‘The corpora-
cil of administration’’ is retained although 36:946 and
tion shall file . . . a statement designating the initial
947 (restated in section 30505 of the revised title) do not
and each successor registered agent of the corporation
create a governing body called a ‘‘council of adminis-
and the initial and each successor registered office of
tration.’’
the corporation immediately following any such des-
In subsection (c), the words ‘‘inure to the benefit of’’
ignation’’ for consistency in the revised title and to
are substituted for ‘‘inure to’’, and the words ‘‘This eliminate unnecessary words. The words ‘‘office of
subsection does not prevent’’ are substituted for ‘‘Noth- Mayor of the District of Columbia’’ are substituted for
ing in this subsection, however, shall be construed to ‘‘Commissioners of the District of Columbia’’ in section
prevent’’, for consistency in the revised title. 8 of the Act of July 14, 1960 (Public Law 86–653, 74 Stat.
In subsection (d), the words ‘‘or advance’’ are added 517), because under section 401 of Reorganization Plan
in 2 places for consistency in the subsection. No. 3 of 1967 (5 App. U.S.C.), the functions of the Board
of Commissioners of the District of Columbia were
§ 30509. Principal office transferred to the Commissioner of the District of Co-
The principal office of the corporation shall be lumbia, and under sections 421 and 711 of the District of
in the District of Columbia. Columbia Self-Government and Governmental Reorga-
nization Act (Public Law 93–198, 87 Stat. 789, 818), the
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1321.) office of Commissioner of the District of Columbia was
abolished and replaced by the office of Mayor of the
HISTORICAL AND REVISION NOTES District of Columbia. The words ‘‘Notice to or service
on the agent is notice to or service on the corporation’’
Revised
Section Source (U.S. Code) Source (Statutes at Large) are substituted for ‘‘service of such process, notice, or
demand required or permitted by law to be served upon
30509 .......... 36:948 (1st sentence July 14, 1960, Pub. L. 86–653, the corporation may be served upon such agent’’ for
1st–14th words). § 8 (1st sentence 1st–14th
words), 74 Stat. 517. consistency in the revised title and to eliminate unnec-
essary words.
§ 30510. Records and inspection § 30512. Liability for acts of officers and agents
(a) RECORDS.—The corporation shall keep— The corporation is liable for the acts of its of-
(1) correct and complete records of account; ficers and agents acting within the scope of
and their authority.
Page 101 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 30703
AND ORGANIZATIONS

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1322.) Sec.


30707. Restrictions.
HISTORICAL AND REVISION NOTES 30708. Principal office.
30709. Records and inspection.
Revised Source (U.S. Code) Source (Statutes at Large) 30710. Service of process.
Section
30711. Liability for acts of officers and agents.
30512 .......... 36:951. July 14, 1960, Pub. L. 86–653, 30712. Distribution of assets on dissolution or final
§ 11, 74 Stat. 517. liquidation.

§ 30513. Annual report § 30701. Organization

Not later than March 1 of each year, the cor- (a) FEDERAL CHARTER.—Board for Fundamen-
poration shall submit a report to Congress on tal Education (in this chapter, the ‘‘corpora-
the activities of the corporation during the prior tion’’) is a federally chartered corporation.
fiscal year. The report may consist of a report of (b) PERPETUAL EXISTENCE.—Except as other-
the proceedings of the national convention. The wise provided, the corporation has perpetual ex-
report may not be printed as a public document. istence.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1322.) (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1322.)

HISTORICAL AND REVISION NOTES HISTORICAL AND REVISION NOTES

Revised Revised Source (U.S. Code) Source (Statutes at Large)


Section Source (U.S. Code) Source (Statutes at Large) Section

30513 .......... 36:955. July 14, 1960, Pub. L. 86–653, 30701 .......... 36:501. July 19, 1954, ch. 536, §§ 1, 2,
§ 15, 74 Stat. 518. 68 Stat. 489.
36:502.
The words ‘‘covering such fiscal year’’ are omitted as
This section is substituted for the source provisions
unnecessary.
for consistency in the revised title and to eliminate ex-
TERMINATION OF REPORTING REQUIREMENTS ecuted and unnecessary words.
The text of 36:502 is omitted as executed and obsolete.
For termination, effective May 15, 2000, of reporting
provisions in this section, see section 3003 of Pub. L. § 30702. Purpose
104–66, as amended, set out as a note under section 1113
of Title 31, Money and Finance, and page 198 of House The purpose of the corporation is to foster the
Document No. 103–7. development of fundamental education through
§ 30514. Distribution of assets on dissolution or programs and projects such as—
(1) giving citizens (children, youth, and
final liquidation
adults) an opportunity to acquire the under-
On dissolution or final liquidation of the cor- standings and skills necessary to relate the re-
poration, any assets remaining after the dis- sources of the community to the needs and in-
charge of all liabilities shall be distributed as terests of the community;
provided by the national executive board, but in (2) demonstrating programs of fundamental
compliance with the constitution and bylaws of education and measuring results; and
the corporation. (3) training men and women as leaders in
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1322.) fundamental education by providing intern-
ships and other experiences.
HISTORICAL AND REVISION NOTES
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1322.)
Revised Source (U.S. Code) Source (Statutes at Large)
Section HISTORICAL AND REVISION NOTES

30514 .......... 36:957. July 14, 1960, Pub. L. 86–653, Revised


§ 17, 74 Stat. 518. Section Source (U.S. Code) Source (Statutes at Large)

The word ‘‘satisfaction’’ is omitted as included in 30702 .......... 36:503. July 19, 1954, ch. 536, § 3, 68
Stat. 490.
‘‘discharge’’, and the word ‘‘obligations’’ is omitted as
included in ‘‘liabilities’’. The word ‘‘outstanding’’ is Before clause (1), the word ‘‘objects’’ is omitted as
omitted as unnecessary. The words ‘‘as provided by’’ unnecessary.
are substituted for ‘‘in accordance with the determina-
tion of’’ for consistency in the revised title. The ref- § 30703. Membership
erence to the ‘‘national executive board’’ is retained al-
though 36:946 and 947 (restated in section 30505 of the re- (a) ELIGIBILITY.—Except as provided in this
vised title) do not create a governing body called a ‘‘na- chapter, eligibility for membership in the cor-
tional executive board.’’ The words ‘‘all Federal and poration and the rights and privileges of mem-
State laws applicable thereto’’ are omitted as unneces- bers are as provided in constitution and bylaws
sary. of the corporation.
CHAPTER 307—BOARD FOR FUNDAMENTAL (b) VOTING.—Each member has one vote in the
EDUCATION conduct of official business of the corporation.
Sec. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1323.)
30701. Organization.
HISTORICAL AND REVISION NOTES
30702. Purpose.
30703. Membership. Revised
30704. Governing body. Section Source (U.S. Code) Source (Statutes at Large)
30705. Powers.
30706. Exclusive right to name, seals, emblems, and 30703 .......... 36:506. July 19, 1954, ch. 536, § 6, 68
Stat. 491.
badges.
§ 30704 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 102
AND ORGANIZATIONS

§ 30704. Governing body Clause (5) is substituted for ‘‘take and hold by lease,
gift, purchase, grant, devise, or bequest any property,
(a) BOARD OF DIRECTORS.—The board of direc- real or personal, necessary for attaining the objects of
tors is the governing body of the corporation. accomplishing the purposes of the corporation’’ and
The board shall consist of at least 15 directors ‘‘transfer and convey real or personal property’’ for
elected annually by the members. consistency in the revised title and to eliminate unnec-
essary words. The words ‘‘subject to applicable provi-
(b) OFFICERS.—The officers of the corporation
sions of law of any State (A) governing the amount or
are a chairman of the board, a president, one or kind of real and personal property which may be held
more vice presidents, a secretary, a treasurer, by, or (B) otherwise limiting or controlling the owner-
and any assistant officers designated by the ship of real and personal property by, a corporation op-
board. The officers have the powers and shall erating in such State’’ are omitted as unnecessary.
carry out the duties provided in the bylaws or In clause (6), the words ‘‘for the purposes of the cor-
poration’’ are omitted as unnecessary. The words
prescribed by the board.
‘‘issue instruments of indebtedness and secure its obli-
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1323.) gations by granting security interests in its property’’
are substituted for ‘‘issue bonds therefor, and secure
HISTORICAL AND REVISION NOTES the same by mortgage’’ for consistency in the revised
title. The words ‘‘subject to all applicable provisions of
Revised Source (U.S. Code) Source (Statutes at Large) Federal or State law’’ are omitted as unnecessary.
Section
In clause (9), the words ‘‘complain and defend in any
30704(a) ...... 36:507. July 19, 1954, ch. 536, §§ 7, 8, court of competent jurisdiction’’ are omitted as unnec-
68 Stat. 491. essary.
30704(b) ...... 36:508. In clause (10), the words ‘‘any other act’’ are sub-
stituted for ‘‘any and all acts and things’’ for consist-
In subsection (a), the words ‘‘The board of directors ency in the revised title.
is the governing body of the corporation’’ are sub-
stituted for ‘‘The corporation shall be governed by a § 30706. Exclusive right to name, seals, emblems,
board of directors’’ for consistency in the revised title. and badges
In subsection (b), the words ‘‘from time to time’’ are
omitted as unnecessary. The corporation has the exclusive right to use
the name ‘‘Board for Fundamental Education’’
§ 30705. Powers and seals, emblems, and badges the corporation
The corporation may— adopts.
(1) adopt and amend a constitution and by- (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1323.)
laws for the management of its property and
HISTORICAL AND REVISION NOTES
the regulation of its affairs;
(2) adopt and alter a corporate seal; Revised Source (U.S. Code) Source (Statutes at Large)
(3) choose officers, managers, agents, and Section
employees as the activities of the corporation 30706 .......... 36:516. July 19, 1954, ch. 536, § 16, 68
require; Stat. 492.
(4) make contracts;
(5) acquire, own, lease, encumber, and trans- The word ‘‘sole’’ is omitted as included in ‘‘exclu-
sive’’. The words ‘‘as representing such corporation’’
fer property as necessary to carry out the pur- and ‘‘lawfully’’ are omitted as unnecessary.
poses of the corporation;
(6) borrow money, issue instruments of in- § 30707. Restrictions
debtedness, and secure its obligations by (a) PROFIT.—The corporation may not engage
granting security interests in its property; in business for profit.
(7) use corporate funds to give prizes, (b) STOCK AND DIVIDENDS.—The corporation
awards, loans, scholarships, and grants to de- may not issue stock or declare or pay a divi-
serving students to carry out the purpose of dend.
the corporation; (c) POLITICAL ACTIVITIES.—The corporation or
(8) publish a magazine and other publica- a director, officer, or member as such may not
tions; contribute to, support, or assist a political party
(9) sue and be sued; and or candidate for elective public office.
(10) do any other act necessary and proper to (d) DISTRIBUTION OF INCOME OR ASSETS.—The
carry out the purpose of the corporation. income or assets of the corporation may not
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1323.) inure to the benefit of, or be distributed to, a di-
rector, officer, or member except on dissolution
HISTORICAL AND REVISION NOTES or final liquidation of the corporation.
(e) LOANS.—The corporation may not make a
Revised
Section Source (U.S. Code) Source (Statutes at Large) loan to a director, officer, or employee. Direc-
tors who vote for or assent to making a loan to
30705 .......... 36:504. July 19, 1954, ch. 536, § 4, 68 a director, officer, or employee, and officers who
Stat. 490.
participate in making the loan, are jointly and
In clause (1), the word ‘‘amend’’ is substituted for severally liable to the corporation for the
‘‘alter’’ for consistency in the revised title. The words amount of the loan until it is repaid.
‘‘not inconsistent with the laws of the United States or
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1323.)
any State in which the corporation is to operate’’ are
omitted as unnecessary. HISTORICAL AND REVISION NOTES
In clause (2), the word ‘‘use’’ is omitted as unneces-
sary. Revised Source (U.S. Code) Source (Statutes at Large)
In clause (4), the words ‘‘make contracts’’ are sub- Section
stituted for ‘‘contract and be contracted with’’ to 30707(a) ...... 36:512 (words after July 19, 1954, ch. 536, §§ 9, 10,
eliminate unnecessary words. comma). 12, 68 Stat. 491.
Page 103 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 30712
AND ORGANIZATIONS

HISTORICAL AND REVISION NOTES—Continued privilege granted by this chapter, the corpora-
tion shall file, with the secretary of state or
Revised
Section Source (U.S. Code) Source (Statutes at Large) other designated official of each State, terri-
tory, or possession of the United States in which
30707(b) ...... 36:512 (words before
comma). the corporation does business, the name and ad-
30707(c) ...... 36:510. dress of an agent in that State, territory, or pos-
30707(d) ...... 36:509(a).
30707(e) ...... 36:509(b). session on whom legal process or demands
against the corporation may be served.
In subsection (a), the word ‘‘pecuniary’’ is omitted as
unnecessary.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1324.)
In subsection (b), the words ‘‘any shares of’’ are omit- HISTORICAL AND REVISION NOTES
ted as unnecessary.
In subsection (d), the words ‘‘inure to the benefit of’’ Revised
Section Source (U.S. Code) Source (Statutes at Large)
are substituted for ‘‘inure to’’ for consistency in the re-
vised title. The words ‘‘as provided in section 515 of this 30710(a) ...... 36:505 (2d, 3d sen- July 19, 1954, ch. 536, §§ 5 (2d,
title’’ are omitted as unnecessary. tences). 3d sentences), 17, 68 Stat.
490, 492.
§ 30708. Principal office 30710(b) ...... 36:517.

The principal office of the corporation shall be In subsection (a), the word ‘‘have’’ is substituted for
in a place the board of directors decides is ap- ‘‘maintain at all times’’, and the word ‘‘authorized’’ is
propriate. However, the activities of the cor- omitted, for consistency in the revised title and to
poration may be conducted throughout the eliminate unnecessary words. The words ‘‘is notice to
or service on the corporation’’ are substituted for
States, territories, and possessions of the United
‘‘shall be deemed sufficient notice or service upon the
States. corporation’’ for consistency in the revised title.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1324.) In subsection (b), the word ‘‘precedent’’ is omitted as
unnecessary. The words ‘‘with the secretary of state or
HISTORICAL AND REVISION NOTES other designated official’’ are substituted for ‘‘in the
office of the Secretary of State, or similar office’’ for
Revised Source (U.S. Code) Source (Statutes at Large) consistency in the revised title. The words ‘‘post of-
Section
fice’’ and ‘‘authorized’’ are omitted as unnecessary.
30708 .......... 36:505 (1st, last sen- July 19, 1954, ch. 536, § 5 (1st,
tences). last sentences), 68 Stat. § 30711. Liability for acts of officers and agents
490.
The corporation is liable for the acts of its of-
§ 30709. Records and inspection ficers and agents acting within the scope of
their authority.
(a) RECORDS.—The corporation shall keep—
(1) correct and complete records of account; (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1324.)
(2) minutes of the proceedings of its mem- HISTORICAL AND REVISION NOTES
bers, board of directors, and committees hav-
ing any of the authority of its board of direc- Revised
Section Source (U.S. Code) Source (Statutes at Large)
tors; and
(3) a record of the names and addresses of its 30711 .......... 36:511. July 19, 1954, ch. 536, § 11, 68
Stat. 491.
members entitled to vote.
(b) INSPECTION.—A member, or an agent or at- § 30712. Distribution of assets on dissolution or
torney of the member, may inspect the records final liquidation
of the corporation at any reasonable time.
On dissolution or final liquidation of the cor-
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1324.) poration, any assets remaining after the dis-
HISTORICAL AND REVISION NOTES charge of all liabilities shall be used by the
board of directors for the purpose stated in sec-
Revised
Source (U.S. Code) Source (Statutes at Large) tion 30702 of this title or be transferred to a rec-
Section
ognized educational foundation.
30709 .......... 36:513. July 19, 1954, ch. 536, § 13, 68
Stat. 491. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1324.)
HISTORICAL AND REVISION NOTES
The word ‘‘records’’ is substituted for ‘‘books and
records’’ for consistency in the revised title and with Revised
other titles of the United States Code. Section Source (U.S. Code) Source (Statutes at Large)

§ 30710. Service of process 30712 .......... 36:515. July 19, 1954, ch. 536, § 15, 68
Stat. 492.
(a) DISTRICT OF COLUMBIA.—The corporation
shall have a designated agent in the District of The word ‘‘satisfaction’’ is omitted as included in
‘‘discharge’’, and the word ‘‘obligations’’ is omitted as
Columbia to receive service of process for the
included in ‘‘liabilities’’. The word ‘‘outstanding’’ is
corporation. Designation of the agent shall be omitted as unnecessary.
filed in the office of the clerk of the United
States District Court for the District of Colum- CHAPTER 309—BOY SCOUTS OF AMERICA
bia. Notice to or service on the agent, or mailed
Sec.
to the business address of the agent, is notice to 30901. Organization.
or service on the corporation. 30902. Purposes.
(b) STATES, TERRITORIES, AND POSSESSIONS.— 30903. Governing body.
As a condition to the exercise of any power or 30904. Powers.
§ 30901 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 104
AND ORGANIZATIONS

Sec. (B) authorize the seal of the corporation to


30905. Exclusive right to emblems, badges, marks, be affixed to papers that may require it.
and words.
30906. Restrictions. (2) The board, by majority vote of the entire
30907. Annual and special meetings. board, may appoint other standing committees.
30908. Annual report.
The standing committees may exercise powers
§ 30901. Organization as provided in the bylaws.
(a) FEDERAL CHARTER.—Boy Scouts of America (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1325.)
(in this chapter, the ‘‘corporation’’) is a body HISTORICAL AND REVISION NOTES
corporate and politic of the District of Colum-
bia. Revised Source (U.S. Code) Source (Statutes at Large)
Section
(b) DOMICILE.—The domicile of the corporation
is the District of Columbia. 30903(a) ...... 36:25 (1st–4th sen- June 15, 1916, ch. 148, § 5
(c) PERPETUAL EXISTENCE.—Except as other- tences). (1st–5th, 7th, 8th sen-
tences), 39 Stat. 228.
wise provided, the corporation has perpetual ex- 30903(b) ...... 36:25 (5th sentence).
istence. 30903(c) ...... 36:25 (7th, 8th sen-
tences).
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1325.)
In subsection (a), the text of 36:25 (3d sentence) is
HISTORICAL AND REVISION NOTES omitted as executed and obsolete.
In subsection (c)(1)(A), the words ‘‘have and’’ are
Revised omitted as unnecessary. The word ‘‘activities’’ is sub-
Section Source (U.S. Code) Source (Statutes at Large)
stituted for ‘‘business affairs’’ for consistency in the re-
30901 .......... 36:21. June 15, 1916, ch. 148, §§ 1, 2 vised title.
(words before 2d comma), In subsection (c)(1)(B), the words ‘‘have power to’’ are
39 Stat. 227.
36:22 (words before omitted as unnecessary.
2d comma).
§ 30904. Powers
This section is substituted for the source provisions
for consistency in the revised title and to eliminate ex- (a) GENERAL.—The corporation may—
ecuted and unnecessary words. (1) adopt and amend bylaws and regulations,
including regulations for the election of asso-
§ 30902. Purposes ciates and successors;
The purposes of the corporation are to pro- (2) adopt and alter a corporate seal;
mote, through organization, and cooperation (3) have offices and conduct its activities in
with other agencies, the ability of boys to do the District of Columbia and the States, terri-
things for themselves and others, to train them tories, and possessions of the United States;
in scoutcraft, and to teach them patriotism, (4) acquire and own property as necessary to
courage, self-reliance, and kindred virtues, using carry out the purposes of the corporation;
the methods that were in common use by boy (5) sue and be sued within the jurisdiction of
scouts on June 15, 1916. the United States; and
(6) do any other act necessary to carry out
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1325.) this chapter and promote the purpose of the
HISTORICAL AND REVISION NOTES corporation.
Revised (b) LIMITATIONS ON EXERCISING CERTAIN POW-
Source (U.S. Code) Source (Statutes at Large)
Section ERS.—(1) The corporation may execute mort-
30902 .......... 36:23. June 15, 1916, ch. 148, § 3, 39
gages and liens on the property of the corpora-
Stat. 228. tion only if approved by a two-thirds vote of the
entire executive board at a meeting called for
§ 30903. Governing body that purpose.
(2) The corporation may dispose in any man-
(a) EXECUTIVE BOARD.—An executive board
ner of the whole property of the corporation
composed of citizens of the United States is the
only with the written consent and affirmative
governing body of the corporation. The number,
vote of a majority of the members of the cor-
qualifications, and term of office of members of
poration.
the board are as provided in the bylaws. A va-
cancy on the board shall be filled by a majority (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1325.)
vote of the remaining members of the board.
HISTORICAL AND REVISION NOTES
(b) QUORUM.—The bylaws may prescribe the
number of members of the board necessary for a Revised
Source (U.S. Code) Source (Statutes at Large)
quorum. That number may be less than a major- Section
ity of the entire board. 30904(a) ...... 36:22 (words after 2d June 15, 1916, ch. 148, §§ 2
(c) COMMITTEES.—(1) The board, by resolution comma). (words after 2d comma), 4
(words before semicolon),
passed by a majority of the entire board, may 5 (6th, last sentences), 39
designate 3 or more members of the board as an Stat. 227, 228.
36:24 (words before
executive or governing committee. A majority semicolon).
of the committee is a quorum. The committee, 30904(b)(1) .. 36:25 (6th sentence).
30904(b)(2) .. 36:25 (last sentence).
to the extent provided in the resolution or by-
laws, may— In subsection (a)(1), the word ‘‘make’’ is omitted as
(A) exercise the powers of the executive included in ‘‘adopt’’. The word ‘‘amend’’ is added for
board in managing the activities of the cor- consistency in the revised title and because of 36:25 (6th
poration; and sentence). The words ‘‘not inconsistent with the laws of
Page 105 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 30908
AND ORGANIZATIONS

the United States of America, or any State thereof’’ The words ‘‘certificates of’’ and ‘‘its object and pur-
are omitted as unnecessary. poses being solely of a benevolent character’’ are omit-
Subsection (a)(2) is substituted for ‘‘to adopt a seal, ted as unnecessary.
and the same to alter and destroy at pleasure’’ for con-
sistency in the revised title. § 30907. Annual and special meetings
In subsection (a)(3), the word ‘‘activities’’ is sub-
stituted for ‘‘business and affairs’’, and the words ‘‘in (a) ANNUAL MEETINGS.—The corporation shall
the District of Columbia and the States, territories, hold an annual meeting at a time and place as
and possessions of the United States’’ are substituted provided in the bylaws. At the meeting, the an-
for ‘‘within and without the District of Columbia and nual reports of the officers and executive board
in the several States and Territories of the United shall be presented, and members of the board
States’’, for consistency in the revised title and to shall be elected for the next year.
eliminate unnecessary words.
(b) SPECIAL MEETINGS.—Special meetings of
Subsection (a)(4) is substituted for ‘‘hold such real
and personal estate as shall be necessary for corporate the corporation may be called on notice as pro-
purposes, and . . . receive real and personal property by vided in the bylaws.
gift, devise, or bequest’’ for consistency in the revised (c) QUORUM.—The number of members nec-
title and to eliminate unnecessary words. The text of essary for a quorum at an annual or special
36:24 (words before semicolon) is omitted as executed meeting shall be prescribed in the bylaws.
and obsolete. (d) LOCATIONS.—The members and the execu-
In subsection (a)(5), the words ‘‘in courts of law and tive board may hold meetings and keep the seal
equity’’ are omitted as unnecessary.
and records of the corporation in or outside the
In subsection (a)(6), the words ‘‘do any other act’’ are
substituted for ‘‘generally to do all such acts and District of Columbia.
things’’ for consistency in the revised title. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1326.)
In subsection (b)(1), the words ‘‘to make and to
amend the bylaws’’ are omitted as unnecessary because HISTORICAL AND REVISION NOTES
of subsection (a)(1) of this section. The word ‘‘execute’’
is substituted for ‘‘authorize and cause to be executed’’ Revised
Section Source (U.S. Code) Source (Statutes at Large)
to eliminate unnecessary words.
30907 .......... 36:26. June 15, 1916, ch. 148, § 6, 39
§ 30905. Exclusive right to emblems, badges, Stat. 228.
marks, and words
In subsection (a), the words ‘‘The corporation shall
The corporation has the exclusive right to use hold an annual meeting’’ are substituted for ‘‘An an-
emblems, badges, descriptive or designating nual meeting of the incorporators, their associates and
marks, and words or phrases the corporation successors, shall be held once in every year after the
adopts. This section does not affect any vested year of incorporation’’ to eliminate unnecessary and
executed words.
rights. In subsection (d), the word ‘‘records’’ is substituted
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1326.) for ‘‘books, documents, and papers’’ for consistency in
the revised title and with other titles of the United
HISTORICAL AND REVISION NOTES States Code.
Revised § 30908. Annual report
Section Source (U.S. Code) Source (Statutes at Large)

30905 .......... 36:27. June 15, 1916, ch. 148, § 7, 39 Not later than April 1 of each year, the cor-
Stat. 228. poration shall submit a report to Congress on
the activities of the corporation during the prior
The word ‘‘sole’’ is omitted as included in ‘‘exclu- calendar year.
sive’’. The words ‘‘to have and’’ and ‘‘in carrying out its
purposes’’ are omitted as unnecessary. The words ‘‘the (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1326.)
corporation adopts’’ are substituted for ‘‘now or here-
tofore used by the Boy Scouts’’ for consistency in the HISTORICAL AND REVISION NOTES
revised title. The words ‘‘in carrying out its program’’
Revised
are omitted as unnecessary. The words ‘‘This section Section Source (U.S. Code) Source (Statutes at Large)
does not affect any vested rights’’ are substituted for
‘‘it being distinctly and definitely understood, however, 30908 .......... 36:28. June 15, 1916, ch. 148, § 8, 39
Stat. 229; Aug. 30, 1964,
that nothing in this chapter shall interfere or conflict Pub. L. 88–504, § 4(1), 78
with established or vested rights’’ for consistency in Stat. 636.
the revised title and to eliminate unnecessary words.
TERMINATION OF REPORTING REQUIREMENTS
§ 30906. Restrictions
For termination, effective May 15, 2000, of reporting
(a) PROFIT.—The corporation may not operate provisions in this section, see section 3003 of Pub. L.
for pecuniary profit to its members. 104–66, as amended, set out as a note under section 1113
(b) STOCKS AND DIVIDENDS.—The corporation of Title 31, Money and Finance, and page 198 of House
may not issue stock or declare or pay a divi- Document No. 103–7.
dend.
CHAPTER 311—BOYS & GIRLS CLUBS OF
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1326.) AMERICA
HISTORICAL AND REVISION NOTES Sec.
31101. Organization.
Revised Source (U.S. Code) Source (Statutes at Large) 31102. Purposes.
Section
31103. Membership.
30906 .......... 36:24 (words after June 15, 1916, ch. 148, § 4 31104. Governing body.
semicolon). (words after semicolon), 39 31105. Powers.
Stat. 228.
31106. Restrictions.
§ 31101 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 106
AND ORGANIZATIONS

Sec. (2) termination of its membership by the


31107. Principal office. board of directors of the corporation as pro-
31108. Records and inspection.
vided in the constitution.
31109. Service of process.
31110. Liability for acts of officers and agents. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1327.)
31111. Distribution of assets on dissolution or final
liquidation. HISTORICAL AND REVISION NOTES

Revised
§ 31101. Organization Section Source (U.S. Code) Source (Statutes at Large)

(a) FEDERAL CHARTER.—Boys & Girls Clubs of 31103(a) ...... 36:696(a) (1st sen- Aug. 6, 1956, ch. 976, § 6, 70
America (in this chapter, the ‘‘corporation’’) is tence). Stat. 1053.
31103(b) ...... 36:696(a) (last sen-
a federally chartered corporation. tence).
(b) PLACE OF INCORPORATION AND DOMICILE.— 31103(c) ...... 36:696(b).
The corporation is declared to be incorporated
In subsection (a), the words ‘‘are as provided in the
and domiciled in the District of Columbia. constitution and bylaws of the corporation’’ are sub-
(c) PERPETUAL EXISTENCE.—Except as other- stituted for ‘‘shall . . . be determined as the constitu-
wise provided, the corporation has perpetual ex- tion and bylaws of the corporation may provide’’ for
istence. consistency in the revised title and to eliminate unnec-
essary words.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1326.) In subsection (b), the words ‘‘the right to’’ are omit-
HISTORICAL AND REVISION NOTES ted as unnecessary.
In subsection (c), the words ‘‘on termination of mem-
Revised Source (U.S. Code) Source (Statutes at Large)
bership, whether by’’ are substituted for ‘‘either upon’’
Section for clarity. The words ‘‘in the event that’’ and ‘‘can-
31101 .......... 36:691. Aug. 6, 1956, ch. 976, § 1, 70 celed or otherwise’’ are omitted as unnecessary.
Stat. 1052; Dec. 10, 1991,
Pub. L. 102–199, § 1(2), 105 § 31104. Governing body
Stat. 1628.
36:692. Aug. 6, 1956, ch. 976, §§ 2, 4(1), (a) BOARD OF DIRECTORS.—(1) The board of di-
70 Stat. 1052.
36:694(1). rectors is the governing body of the corporation.
The powers, duties, and responsibilities of the
This section is substituted for the source provisions board are as provided in the constitution and by-
for consistency in the revised title and to eliminate ex- laws of the corporation.
ecuted and unnecessary words. (2) The number of directors is as provided in
the constitution of the corporation. Their man-
§ 31102. Purposes
ner of selection (including the filling of vacan-
The purposes of the corporation are— cies) and their term of office are as provided in
(1) to promote the health, social, edu- the constitution and bylaws.
cational, vocational, and character develop- (b) OFFICERS.—(1) The officers of the corpora-
ment of youth throughout the United States; tion are a chairman of the board of directors, a
and president, one or more vice presidents as pro-
(2) to receive, invest, and disburse funds and vided in the constitution and bylaws, a sec-
to hold property for the purposes of the cor- retary, a treasurer, and one or more assistant
poration. secretaries and assistant treasurers as provided
in the constitution and bylaws.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1327.)
(2) The manner of election, term of office, and
HISTORICAL AND REVISION NOTES duties of the officers are as provided in the con-
stitution and bylaws.
Revised Source (U.S. Code) Source (Statutes at Large)
Section (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1327.)
31102 .......... 36:693. Aug. 6, 1956, ch. 976, § 3, 70 HISTORICAL AND REVISION NOTES
Stat. 1052; Dec. 10, 1991,
Pub. L. 102–199, § 1(3), 105
Stat. 1628. Revised
Section Source (U.S. Code) Source (Statutes at Large)

§ 31103. Membership 31104(a) ...... 36:697. Aug. 6, 1956, ch. 976, §§ 7, 8, 70


Stat. 1053.
31104(b) ...... 36:698.
(a) ELIGIBILITY.—Except as provided in this
chapter, eligibility for membership in the cor- In subsection (a)(1), the word ‘‘governing’’ is sub-
poration and the rights, privileges, and designa- stituted for ‘‘managing’’ for consistency in the revised
tion of classes of members are as provided in the title. The text of 36:697(a) is omitted as executed and
constitution and bylaws of the corporation. obsolete.
(b) VOTING.—Each member has one vote on
§ 31105. Powers
each matter submitted to a vote at a meeting of
the members. The corporation may—
(c) BENEFITS OF MEMBER ORGANIZATIONS.— (1) adopt and amend a constitution and by-
Each organization that is a member of the cor- laws for the management of its property and
poration as provided in the constitution of the the regulation of its affairs;
corporation is entitled to all the benefits of in- (2) adopt and alter a corporate seal;
corporation under this chapter. Those benefits (3) choose officers, managers, agents, and
cease immediately on termination of member- employees as the activities of the corporation
ship, whether by— require;
(1) resignation from the corporation; or (4) make contracts;
Page 107 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 31109
AND ORGANIZATIONS

(5) acquire, own, lease, encumber, and trans- ployee. Directors who vote for or assent to mak-
fer property as necessary or convenient to ing a loan or advance to a director, officer, or
carry out the purposes of the corporation; employee, and officers who participate in mak-
(6) borrow money, issue instruments of in- ing the loan or advance, are jointly and sever-
debtedness, and secure its obligations by ally liable to the corporation for the amount of
granting security interests in its property; and the loan or advance until it is repaid.
(7) sue and be sued. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1328.)
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1327.) HISTORICAL AND REVISION NOTES
HISTORICAL AND REVISION NOTES Revised
Section Source (U.S. Code) Source (Statutes at Large)
Revised
Section Source (U.S. Code) Source (Statutes at Large)
31106(a) ...... 36:702. Aug. 6, 1956, ch. 976, §§ 9, 10,
12, 70 Stat. 1055.
31105 .......... 36:694(2)–(9). Aug. 6, 1956, ch. 976, 31106(b) ...... 36:700.
§§ 4(2)–(9), 16, 70 Stat. 1052, 31106(c) ...... 36:699(a).
1056. 31106(d) ...... 36:699(b).
36:706.
In subsection (a), the words ‘‘any shares of’’ are omit-
In this section, the text of 36:706 is omitted as exe- ted as unnecessary.
cuted and obsolete. In subsection (c), the words ‘‘inure to the benefit of’’
In clause (1), the words ‘‘and alter’’ and ‘‘not incon- are substituted for ‘‘inure to’’ for consistency in the re-
sistent with the laws of the United States or any State vised title.
in which the corporation is to operate’’ are omitted as In subsection (d), the words ‘‘or advance’’ are added
unnecessary. is 2 places for consistency in the subsection.
In clause (2), the word ‘‘use’’ is omitted as unneces-
sary. § 31107. Principal office
In clause (4), the words ‘‘make contracts’’ are sub- The principal office of the corporation shall be
stituted for ‘‘contract and be contracted with’’ to
eliminate unnecessary words.
in New York, New York, or another place de-
Clause (5) is substituted for ‘‘take by lease, gift, pur- cided by the board of directors. However, the ac-
chase, grant, devise, or bequest from any private cor- tivities of the corporation are not confined to
poration, association, partnership, firm, or individual the place where the principal office is located
and to hold any property, real, personal, or mixed, nec- but may be conducted throughout the States,
essary or convenient for attaining the objects and car- territories, and possessions of the United States.
rying into effect the purposes of the corporation’’ and
‘‘transfer, convey, lease, sublease, encumber and other- (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1328.)
wise alienate real, personal or mixed property’’ for con- HISTORICAL AND REVISION NOTES
sistency in the revised title and to eliminate unneces-
sary words. The words ‘‘subject, however, to applicable Revised
Section Source (U.S. Code) Source (Statutes at Large)
provisions of law of any State (A) governing the
amount or kind of property which may be held by, or 31107 .......... 36:695(a). Aug. 6, 1956, ch. 976, § 5(a), 70
(B) otherwise limiting or controlling the ownership of Stat. 1053.
property by, a corporation operating in such State’’ are
omitted as unnecessary. The word ‘‘various’’ is omitted as unnecessary.
In clause (6), the words ‘‘for the purposes of the cor-
poration’’ are omitted as unnecessary. The words § 31108. Records and inspection
‘‘issue instruments of indebtedness, and secure its obli-
(a) RECORDS.—The corporation shall keep—
gations by granting security interests in its property’’
(1) correct and complete records of account;
are substituted for ‘‘issue bonds therefor, and secure
the same by mortgage, deed of trust, pledge, or other-
(2) minutes of the proceedings of its mem-
wise’’ to eliminate unnecessary words. The words ‘‘sub- bers, board of directors, and committees hav-
ject in every case to all applicable provisions of Federal ing any of the authority of its board of direc-
and State laws’’ are omitted as unnecessary. tors; and
In clause (7), the words ‘‘complain and defend in any (3) at its principal office, a record of the
court of competent jurisdiction’’ are omitted as unnec- names and addresses of its members entitled
essary. to vote.
§ 31106. Restrictions (b) INSPECTION.—A member entitled to vote, or
an agent or attorney of the member, may in-
(a) STOCK AND DIVIDENDS.—The corporation spect the records of the corporation for any
may not issue stock or declare or pay a divi- proper purpose, at any reasonable time.
dend.
(b) POLITICAL ACTIVITIES.—The corporation or (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1328.)
a director or officer as such may not contribute HISTORICAL AND REVISION NOTES
to, support, or assist a political party or can-
didate for public office. Revised Source (U.S. Code) Source (Statutes at Large)
Section
(c) DISTRIBUTION OF INCOME OR ASSETS.—The
income or assets of the corporation may not 31108 .......... 36:703. Aug. 6, 1956, ch. 976, § 13, 70
Stat. 1055.
inure to the benefit of, or be distributed to, a di-
rector, officer, or member as such during the life The word ‘‘records’’ is substituted for ‘‘books and
of the corporation or on its dissolution or final records’’ for consistency in the revised title and with
liquidation. This subsection does not prevent other titles of the United States Code.
the payment of compensation to an officer in an
§ 31109. Service of process
amount approved by the board of directors.
(d) LOANS.—The corporation may not make a The corporation shall have a designated agent
loan or advance to a director, officer, or em- in the District of Columbia to receive service of
§ 31110 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 108
AND ORGANIZATIONS

process for the corporation. Notice to or service (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1329.)
on the agent, or mailed to the business address
HISTORICAL AND REVISION NOTES
of the agent, is notice to or service on the cor-
poration. Revised
Section Source (U.S. Code) Source (Statutes at Large)
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1328.)
40101 .......... 36:2613. Aug. 17, 1984, Pub. L. 98–382,
HISTORICAL AND REVISION NOTES § 14, 98 Stat. 1345.

Revised The words ‘‘the Commonwealth of Puerto Rico’’ are


Section Source (U.S. Code) Source (Statutes at Large)
omitted as included in ‘‘the territories and possession
31109 .......... 36:695(b). Aug. 6, 1956, ch. 976, § 5(b), 70 of the United States’’.
Stat. 1053.
§ 40102. Organization
The words ‘‘at all times’’ are omitted as unnecessary. (a) FEDERAL CHARTER.—Catholic War Veterans
§ 31110. Liability for acts of officers and agents of the United States of America, Incorporated
(in this chapter, the ‘‘corporation’’), incor-
The corporation is liable for the acts of its of- porated in New York, is a federally chartered
ficers and agents acting within the scope of corporation.
their authority. (b) EXPIRATION OF CHARTER.—If the corpora-
tion does not comply with any provision of this
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1328.)
chapter, the charter granted by this chapter ex-
HISTORICAL AND REVISION NOTES pires.
Revised (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1329.)
Section Source (U.S. Code) Source (Statutes at Large)
HISTORICAL AND REVISION NOTES
31110 .......... 36:701. Aug. 6, 1956, ch. 976, § 11, 70
Stat. 1055. Revised
Section Source (U.S. Code) Source (Statutes at Large)

§ 31111. Distribution of assets on dissolution or 40102(a) ...... 36:2601. Aug. 17, 1984, Pub. L. 98–382,
final liquidation §§ 1, 15 (last sentence), 16,
98 Stat. 1343, 1345.
40102(b) ...... 36:2614 (last sen-
On dissolution or final liquidation of the cor- tence).
poration, any assets remaining after the dis- 36:2615.
charge of all liabilities shall be distributed as
This section is substituted for the source provisions
provided by the board of directors, but in com- for consistency in the revised title and to eliminate un-
pliance with the constitution and bylaws of the necessary words.
corporation.
§ 40103. Purposes
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1329.)
The purposes of the corporation are as pro-
HISTORICAL AND REVISION NOTES vided in the articles of incorporation and in-
Revised clude a continuing commitment, on a national
Source (U.S. Code) Source (Statutes at Large)
Section basis, to—
31111 .......... 36:705. Aug. 6, 1956, ch. 976, § 15, 70
(1) preserve, protect, and defend the Con-
Stat. 1056. stitution of the United States and the laws of
the States;
The word ‘‘satisfaction’’ is omitted as included in (2) commemorate the wars, campaigns, and
‘‘discharge’’, and the word ‘‘obligations’’ is omitted as military actions of the United States to re-
included in ‘‘liabilities’’. The words ‘‘outstanding’’ and
flect profound respect, high honor, and great
‘‘all Federal and State laws applicable thereto’’ are
omitted as unnecessary. tribute on the glorious dead and the surviving
veterans of those wars, campaigns, and actions
CHAPTER 401—CATHOLIC WAR VETERANS and to give all Americans a greater under-
OF THE UNITED STATES OF AMERICA, IN- standing of and appreciation for the sacrifices
CORPORATED of those who participated in them for all
Americans;
Sec. (3) stimulate to the highest degree possible
40101. Definition. the interests of the entire Nation in the prob-
40102. Organization.
40103. Purposes.
lems of veterans, their widows, and orphans;
40104. Membership.
(4) cooperate to the fullest extent and in a
40105. Governing body. harmonious manner with all veterans’ organi-
40106. Powers. zations in common projects designed to serve
40107. Restrictions. the interests of all veterans of all wars in
40108. Duty to maintain tax-exempt status. which the United States has participated;
40109. Records and inspection. (5) collate, preserve, and encourage the
40110. Service of process. study of historical episodes, chronicles, me-
40111. Liability for acts of officers and agents. mentos, and events pertaining to the wars,
40112. Annual report.
campaigns, and military actions of the United
§ 40101. Definition States;
(6) inculcate an enduring love of country, a
For purposes of this chapter, ‘‘State’’ includes deep and abiding sense of patriotism, and a
the District of Columbia and the territories and profound commitment to Americanism among
possessions of the United States. all the people of the United States;
Page 109 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 40109
AND ORGANIZATIONS

(7) encourage, among the youth of our Na- § 40106. Powers


tion, respect for our national flag, our anthem,
The corporation has only the powers provided
and the traditions of America;
(8) preserve the freedoms of all the people, in its bylaws and articles of incorporation filed
national peace, prosperity, tranquility, good in each State in which it is incorporated.
will, the permanence of free institutions, and (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1330.)
the defense of the United States;
HISTORICAL AND REVISION NOTES
(9) foster the association of veterans of the
Catholic faith who have served in the Armed Revised
Section Source (U.S. Code) Source (Statutes at Large)
Forces of the United States;
(10) encourage morality in government, 40106 .......... 36:2602. Aug. 17, 1984, Pub. L. 98–382,
labor, management, economic, social, frater- § 2, 98 Stat. 1343.
nal, and all other phases of American life;
(11) promote the realization that the family The words ‘‘and subject to the laws of such State or
States’’ are omitted as unnecessary.
is the basic unit of society;
(12) increase our love, honor, and service to § 40107. Restrictions
God and to our fellow man without regard to
race, creed, color, or national origin; and (a) STOCK AND DIVIDENDS.—The corporation
(13) function as a veterans’ and patriotic or- may not issue stock or declare or pay a divi-
ganization as authorized by the laws of each dend.
State in which it is incorporated. (b) DISTRIBUTION OF INCOME OR ASSETS.—The
income or assets of the corporation may not
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1329; Pub. inure to the benefit of, or be distributed to, a di-
L. 109–284, § 5(6), Sept. 27, 2006, 120 Stat. 1212.) rector, officer, or member during the life of the
HISTORICAL AND REVISION NOTES charter granted by this chapter. This subsection
does not prevent the payment of reasonable
Revised
Source (U.S. Code) Source (Statutes at Large) compensation to an officer or employee in an
Section
amount approved by the board of directors.
40103 .......... 36:2603. Aug. 17, 1984, Pub. L. 98–382, (c) LOANS.—The corporation may not make a
§ 3, 98 Stat. 1343.
loan to a director, officer, or employee.
Before clause (1), the word ‘‘objects’’ is omitted as in-
(d) CLAIM OF GOVERNMENTAL APPROVAL OR AU-
cluded in ‘‘purposes’’. THORIZATION.—The corporation may not claim
congressional approval or the authority of the
AMENDMENTS United States Government for any of its activi-
2006—Par. (13). Pub. L. 109–284 substituted ‘‘laws of ties.
each State’’ for ‘‘laws of the each State’’.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1330.)
§ 40104. Membership
HISTORICAL AND REVISION NOTES
Eligibility for membership in the corporation
Revised
and the rights and privileges of members are as Section Source (U.S. Code) Source (Statutes at Large)
provided in the bylaws.
40107 .......... 36:2608. Aug. 17, 1984, Pub. L. 98–382,
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1330.) § 8, 98 Stat. 1344.

HISTORICAL AND REVISION NOTES In subsection (a), the words ‘‘any shares of’’ are omit-
ted as unnecessary.
Revised In subsection (b), the words ‘‘inure to the benefit of’’
Section Source (U.S. Code) Source (Statutes at Large)
are substituted for ‘‘inure to’’ for consistency in the re-
40104 .......... 36:2605. Aug. 17, 1984, Pub. L. 98–382, vised title.
§ 5, 98 Stat. 1344.
§ 40108. Duty to maintain tax-exempt status
§ 40105. Governing body The corporation shall maintain its status as
(a) BOARD OF DIRECTORS.—The board of direc- an organization exempt from taxation under the
tors and the responsibilities of the board are as Internal Revenue Code of 1986 (26 U.S.C. 1 et
provided in the articles of incorporation. seq.).
(b) OFFICERS.—The officers and the election of (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1330.)
officers are as provided in the articles of incor-
poration. HISTORICAL AND REVISION NOTES

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1330.) Revised


Source (U.S. Code) Source (Statutes at Large)
Section
HISTORICAL AND REVISION NOTES
40108 .......... 36:2614 (1st sen- Aug. 17, 1984, Pub. L. 98–382,
tence). § 15 (1st sentence), 98 Stat.
Revised 1345.
Section Source (U.S. Code) Source (Statutes at Large)

40105(a) ...... 36:2606. Aug. 17, 1984, Pub. L. 98–382, § 40109. Records and inspection
§§ 6, 7, 98 Stat. 1344.
40105(b) ...... 36:2607.
(a) RECORDS.—The corporation shall keep—
The words ‘‘and in conformity with the laws of the
(1) correct and complete records of account;
State or States in which it is incorporated’’ in 36:2606 (2) minutes of the proceedings of its mem-
and ‘‘and in conformity with the laws of the State or bers, board of directors, and committees hav-
States wherein it is incorporated’’ in 36:2607 are omit- ing any of the authority of its board of direc-
ted as unnecessary. tors; and
§ 40110 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 110
AND ORGANIZATIONS

(3) at its principal office, a record of the CHAPTER 403—CIVIL AIR PATROL
names and addresses of its members entitled
Sec.
to vote. 40301. Organization.
(b) INSPECTION.—A member entitled to vote, or 40302. Purposes.
an agent or attorney of the member, may in- 40303. Membership and governing body.
40304. Powers.
spect the records of the corporation for any 40305. Restrictions.
proper purpose, at any reasonable time. 40306. Exclusive right to name, insignia, copyrights,
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1331.) emblems, badges, marks, and words.
40307. Annual report.
HISTORICAL AND REVISION NOTES AMENDMENTS
Revised
Source (U.S. Code) Source (Statutes at Large) 2000—Pub. L. 106–398, § 1 [[div. A], title X,
Section § 1090(b)(2)(C)], Oct. 30, 2000, 114 Stat. 1654, 1654A–300, in-
40109 .......... 36:2610. Aug. 17, 1984, Pub. L. 98–382, serted ‘‘and governing body’’ after ‘‘Membership’’ in
§ 10, 98 Stat. 1345. item 40303.

The word ‘‘records’’ is substituted for ‘‘books and § 40301. Organization


records’’ for consistency in the revised title and with
other titles of the United States Code. The words (a) FEDERAL CHARTER.—Civil Air Patrol (in
‘‘Nothing in this section shall be construed to con- this chapter, the ‘‘corporation’’) is a federally
travene any applicable State law’’ are omitted as un- chartered corporation.
necessary. (b) PERPETUAL EXISTENCE.—Except as other-
wise provided, the corporation has perpetual ex-
§ 40110. Service of process istence.
The corporation shall comply with the law on (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1331.)
service of process of each State in which it is in-
corporated and each State in which it carries on HISTORICAL AND REVISION NOTES
activities. Revised
Section Source (U.S. Code) Source (Statutes at Large)
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1331.)
40301(a) ...... 36:201. July 1, 1946, ch. 527, §§ 1, 5
HISTORICAL AND REVISION NOTES (related to perpetual suc-
cession), 60 Stat. 346, 347.
Revised 40301(b) ...... 36:205 (related to
Section Source (U.S. Code) Source (Statutes at Large) perpetual succes-
sion).
40110 .......... 36:2604. Aug. 17, 1984, Pub. L. 98–382,
§ 4, 98 Stat. 1344. This section is substituted for the source provisions
for consistency in the revised title and to eliminate ex-
§ 40111. Liability for acts of officers and agents ecuted and unnecessary words.
The corporation is liable for the acts of its of- § 40302. Purposes
ficers and agents acting within the scope of
their authority. The purposes of the corporation are as follows:
(1) To provide an organization to—
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1331.) (A) encourage and aid citizens of the
HISTORICAL AND REVISION NOTES United States in contributing their efforts,
services, and resources in developing avia-
Revised
Source (U.S. Code) Source (Statutes at Large) tion and in maintaining air supremacy; and
Section
(B) encourage and develop by example the
40111 .......... 36:2609. Aug. 17, 1984, Pub. L. 98–382, voluntary contribution of private citizens to
§ 9, 98 Stat. 1345. the public welfare.
§ 40112. Annual report (2) To provide aviation education and train-
ing especially to its senior and cadet members.
The corporation shall submit an annual report (3) To encourage and foster civil aviation in
to Congress on the activities of the corporation local communities.
during the prior fiscal year. The report shall be (4) To provide an organization of private
submitted at the same time as the report of the citizens with adequate facilities to assist in
audit required by section 10101 of this title. The meeting local and national emergencies.
report may not be printed as a public document. (5) To assist the Department of the Air
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1331.) Force in fulfilling its noncombat programs
and missions.
HISTORICAL AND REVISION NOTES
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1331; Pub.
Revised Source (U.S. Code) Source (Statutes at Large)
L. 106–398, § 1 [[div. A], title X, § 1090(b)(1)], Oct.
Section 30, 2000, 114 Stat. 1654, 1654A–299.)
40112 .......... 36:2611. Aug. 17, 1984, Pub. L. 98–382,
§ 12, 98 Stat. 1345. HISTORICAL AND REVISION NOTES

Revised
TERMINATION OF REPORTING REQUIREMENTS Section Source (U.S. Code) Source (Statutes at Large)

For termination, effective May 15, 2000, of reporting 40302 .......... 36:202. July 1, 1946, ch. 527, § 2, 60
provisions in this section, see section 3003 of Pub. L. Stat. 346.
104–66, as amended, set out as a note under section 1113
of Title 31, Money and Finance, and page 198 of House Before clause (1), the word ‘‘objects’’ is omitted as in-
Document No. 103–7. cluded in ‘‘purposes’’.
Page 111 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 40306
AND ORGANIZATIONS

In clause (1)(A), the words ‘‘citizens of the United and possessions of the United States to con-
States’’ are substituted for ‘‘American citizens’’ for duct its affairs;
consistency in the revised title and with other titles of (4) acquire, own, lease, encumber, and trans-
the United States Code.
fer property as necessary to carry out the pur-
AMENDMENTS poses of the corporation;
2000—Pub. L. 106–398, § 1 [[div. A], title X,
(5) sue and be sued; and
§ 1090(b)(1)(A)], substituted ‘‘as follows:’’ for ‘‘to—’’ in (6) do any other act necessary and proper to
introductory provisions. carry out the purposes of the corporation.
Par. (1). Pub. L. 106–398, § 1 [[div. A], title X, (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1332.)
§ 1090(b)(1)(B), (C)], inserted ‘‘To’’ before ‘‘provide’’ in
introductory provisions and substituted a period for HISTORICAL AND REVISION NOTES
the semicolon at the end of subpar. (B).
Par. (2). Pub. L. 106–398, § 1 [[div. A], title X, Revised Source (U.S. Code) Source (Statutes at Large)
Section
§ 1090(b)(1)(B), (C)], inserted ‘‘To’’ before ‘‘provide’’ and
substituted a period for the semicolon at the end. 40304 .......... 36:205 (less perpet- July 1, 1946, ch. 527, § 5 (less
Par. (3). Pub. L. 106–398, § 1 [[div. A], title X, ual succession). perpetual succession), 60
§ 1090(b)(1)(B), (D)], inserted ‘‘To’’ before ‘‘encourage’’ Stat. 347.
and substituted a period for ‘‘; and’’ at the end.
Par. (4). Pub. L. 106–398, § 1 [[div. A], title X, In clause (1), the word ‘‘amend’’ is substituted for
§ 1090(b)(1)(B)], inserted ‘‘To’’ before ‘‘provide’’. ‘‘alter’’ for consistency in the revised title. The words
Par. (5). Pub. L. 106–398, § 1 [[div. A], title X, ‘‘not inconsistent with law’’ are omitted as unneces-
§ 1090(b)(1)(E)], added par. (5). sary.
In clause (3), the words ‘‘States, territories, and pos-
EFFECTIVE DATE OF 2000 AMENDMENT sessions’’ are substituted for ‘‘several States and Terri-
tories’’ for consistency in the revised title.
Amendment by Pub. L. 106–398 effective 120 days after Clause (4) is substituted for ‘‘acquire, hold, mortgage,
Oct. 30, 2000, see section 1 [[div. A], title X, § 1090(c)] of and dispose of such real and personal property as may
Pub. L. 106–398, set out as an Effective Date note under be necessary for its corporate purposes’’ and ‘‘accept
section 9441 of Title 10, Armed Forces. gifts, legacies, and devises which will further the cor-
porate purposes’’ for consistency in the revised title
§ 40303. Membership and governing body and to eliminate unnecessary words.
(a) MEMBERSHIP.—Eligibility for membership In clause (6), the words ‘‘any other act’’ are sub-
stituted for ‘‘any and all acts and things’’ to eliminate
in the corporation and the rights and privileges
unnecessary words. The word ‘‘objects’’ is omitted as
of members are as provided in the constitution unnecessary.
and bylaws of the corporation.
(b) GOVERNING BODY.—The Civil Air Patrol has § 40305. Restrictions
a Board of Governors. The composition and re-
The corporation may not engage in business
sponsibilities of the Board of Governors are set
for profit or issue stock.
forth in section 9447 of title 10.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1332.)
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1332; Pub.
L. 106–398, § 1 [[div. A], title X, § 1090(b)(2)(A), HISTORICAL AND REVISION NOTES
(B)], Oct. 30, 2000, 114 Stat. 1654, 1654A–300.)
Revised
Section Source (U.S. Code) Source (Statutes at Large)
HISTORICAL AND REVISION NOTES
40305 .......... 36:204. July 1, 1946, ch. 527, § 4, 60
Revised Stat. 347.
Section Source (U.S. Code) Source (Statutes at Large)

40303 .......... 36:203. July 1, 1946, ch. 527, § 3, 60 This section is substituted for 36:204(a) to eliminate
Stat. 346. unnecessary words. The text of 36:204(b) is omitted as
executed and obsolete.
The words ‘‘are as provided in’’ are substituted for
‘‘shall be determined according to’’ for consistency in § 40306. Exclusive right to name, insignia, copy-
the revised title. The text of 36:203 (proviso) is omitted rights, emblems, badges, marks, and words
as obsolete.
The corporation has the exclusive right to use
AMENDMENTS the name ‘‘Civil Air Patrol’’ and all insignia,
2000—Pub. L. 106–398 inserted ‘‘and governing body’’ copyrights, emblems, badges, descriptive or des-
after ‘‘Membership’’ in section catchline, designated ignating marks, words, and phrases the corpora-
existing provisions as subsec. (a), inserted subsec. (a) tion adopts. This section does not affect any
heading, and added subsec. (b). vested rights.
EFFECTIVE DATE OF 2000 AMENDMENT (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1332.)
Amendment by Pub. L. 106–398 effective 120 days after HISTORICAL AND REVISION NOTES
Oct. 30, 2000, see section 1 [[div. A], title X, § 1090(c)] of
Pub. L. 106–398, set out as an Effective Date note under Revised Source (U.S. Code) Source (Statutes at Large)
section 9441 of Title 10, Armed Forces. Section

40306 .......... 36:206. July 1, 1946, ch. 527, § 6, 60


§ 40304. Powers Stat. 347.
The corporation may—
The word ‘‘sole’’ is omitted as included in ‘‘exclu-
(1) adopt and amend a constitution, bylaws, sive’’. The words ‘‘right to use the name ‘Civil Air Pa-
and regulations; trol’ and all’’ are substituted for ‘‘right to the name
(2) adopt and alter a corporate seal; ‘Civil Air Patrol’ and to have and to use, in carrying
(3) establish and maintain offices in the Dis- out its purposes, all’’ for consistency in the revised
trict of Columbia and the States, territories, title and to eliminate unnecessary words. The words
§ 40307 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 112
AND ORGANIZATIONS

‘‘the corporation adopts’’ are substituted for ‘‘now or (1) to form a bond of friendship and comrade-
heretofore used by the Civil Air Patrol’’ in section 6 of ship among all holders of the Medal of Honor
the Act of July 1, 1946 (ch. 527, 60 Stat. 347) for consist- as presented by Congress;
ency in the revised title. The words ‘‘in carrying out its
program’’ are omitted as unnecessary. The words ‘‘This
(2) to protect, uphold, and preserve the dig-
section does not affect any vested rights’’ are sub- nity and honor of the medal at all times and
stituted for ‘‘Provided, however, That no powers or on all occasions;
privileges herein granted shall interfere or conflict (3) to protect the name of the medal and in-
with established or vested rights’’ for consistency in dividual holders of the medal from exploi-
the revised title and to eliminate unnecessary words. tation;
§ 40307. Annual report (4) to provide appropriate aid to all persons
to whom the medal has been awarded, their
The corporation shall submit an annual report widows, or their children;
to Congress on the activities of the corporation (5) to serve our country in peace as in war;
during the prior fiscal year. (6) to inspire and stimulate our youth to be-
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1332.) come worthy citizens of our country; and
(7) to foster and perpetuate Americanism.
HISTORICAL AND REVISION NOTES
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1333.)
Revised Source (U.S. Code) Source (Statutes at Large)
Section HISTORICAL AND REVISION NOTES
40307 .......... 36:207. July 1, 1946, ch. 527, § 7, 60 Revised
Stat. 347. Section Source (U.S. Code) Source (Statutes at Large)

TERMINATION OF REPORTING REQUIREMENTS 40502 .......... 36:793. Aug. 14, 1958, Pub. L. 85–642,
§ 3, 72 Stat. 598.
For termination, effective May 15, 2000, of reporting
provisions in this section, see section 3003 of Pub. L. Before clause (1), the word ‘‘objects’’ is omitted as in-
104–66, as amended, set out as a note under section 1113 cluded in ‘‘purposes’’.
of Title 31, Money and Finance, and page 198 of House In clause (5), the words ‘‘we did’’ are omitted to avoid
Document No. 103–7. the grammatical construction using the first person.
CHAPTER 405—CONGRESSIONAL MEDAL OF § 40503. Membership
HONOR SOCIETY OF THE UNITED STATES
OF AMERICA (a) ELIGIBILITY.—An individual who has been
awarded the Medal of Honor as presented by
Sec. Congress is eligible for membership in the cor-
40501. Organization.
40502. Purposes. poration. An honorary membership may not be
40503. Membership. granted.
40504. Governing body. (b) VOTING.—Each member has one vote on
40505. Powers. each matter submitted to a vote at a meeting of
40506. Restrictions.
40507. Principal office. the members. The vote may be cast in person or
40508. Records and inspection. by proxy.
40509. Service of process.
40510. Liability. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1333.)
40511. Distribution of assets on dissolution or final
HISTORICAL AND REVISION NOTES
liquidation.
Revised
§ 40501. Organization Section Source (U.S. Code) Source (Statutes at Large)

(a) FEDERAL CHARTER.—Congressional Medal 40503(a) ...... 36:796(a), (b). Aug. 14, 1958, Pub. L. 85–642,
of Honor Society of the United States of Amer- § 6, 72 Stat. 599.
40503(b) ...... 36:796(c).
ica (in this chapter, the ‘‘corporation’’) is a fed-
erally chartered corporation.
(b) PLACE OF INCORPORATION AND DOMICILE.— § 40504. Governing body
The corporation is declared to be incorporated (a) BOARD OF DIRECTORS.—(1) The board of di-
and domiciled in the District of Columbia. rectors is the governing body of the corporation.
(c) PERPETUAL EXISTENCE.—Except as other- The board may exercise, or provide for the exer-
wise provided, the corporation has perpetual ex- cise of, the powers of the corporation.
istence. (2) The number of directors, their manner of
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1332.) election (including the filling of vacancies), and
their term of office are as provided in the by-
HISTORICAL AND REVISION NOTES laws. However, the board shall have at least 9 di-
Revised rectors.
Source (U.S. Code) Source (Statutes at Large)
Section (3) The board shall meet at least annually.
40501 .......... 36:791. Aug. 14, 1958, Pub. L. 85–642, Each director has one vote on matters decided
§§ 1, 2, 72 Stat. 597. by the board.
36:792.
(4) The president of the corporation is the
This section is substituted for 36:791 for consistency chairman of the board.
in the revised title and to eliminate executed and un- (b) OFFICERS.—(1) The officers of the corpora-
necessary language. The text of 36:792 is omitted as exe- tion are a president, an executive vice president,
cuted and obsolete. a secretary, a treasurer, and 6 regional vice
presidents as provided in the bylaws. The offices
§ 40502. Purposes
of secretary and treasurer may be combined and
The purposes of the corporation are— held by the same individual, but an individual
Page 113 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 40506
AND ORGANIZATIONS

holding those combined offices has only one vote for consistency in the revised title and to eliminate un-
as a director. necessary words. The words ‘‘subject, however, to appli-
(2) The manner of election, term of office, du- cable provisions of law of any State, (a) governing the
amount or kind of real and personal property which
ties, and powers of the officers are as provided in may be held by, or, (b) otherwise limiting or control-
the bylaws. ling the ownership of real and personal property by, a
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1333.) corporation operating in such State’’ are omitted as
unnecessary.
HISTORICAL AND REVISION NOTES In clause (7), the words ‘‘issue instruments of indebt-
edness, and secure its obligations by granting security
Revised Source (U.S. Code) Source (Statutes at Large) interests in its property’’ are substituted for ‘‘issue
Section bonds or other evidences of indebtedness therefor and
40504(a)(1) .. 36:797(a), (c) (1st Aug. 14, 1958, Pub. L. 85–642, secure the same by mortgage or pledge’’ for consistency
sentence words §§ 7, 8, 72 Stat. 599. in the revised title. The words ‘‘for the purposes of the
before 3d comma). corporation’’ and ‘‘subject to applicable Federal or
40504(a)(2) .. 36:797(b), (c) (1st
sentence words State laws’’ are omitted as unnecessary.
between 3d and In clause (8), the words ‘‘complain and defend in any
4th commas). court of competent jurisdiction’’ are omitted as unnec-
40504(a)(3) .. 36:797(c) (last sen-
tence). essary.
40504(a)(4) .. 36:797(c) (2d sen-
tence). § 40506. Restrictions
40504(b) ...... 36:797(c) (1st sen-
tence words after (a) STOCK AND DIVIDENDS.—The corporation
4th comma).
36:798. may not issue stock or declare or pay a divi-
dend.
In subsection (a)(1), the text of 36:797(a) (12th–last (b) POLITICAL ACTIVITIES.—The corporation or
words) is omitted as obsolete. a director or officer as such may not contribute
In subsection (b)(2), the words ‘‘duties, and powers’’ to, support, or participate in any political activ-
are substituted for ‘‘powers’’ in 36:798(b) and for ‘‘du- ity or in any manner attempt to influence legis-
ties’’ in 36:798(c) to eliminate unnecessary words.
lation.
§ 40505. Powers (c) DISTRIBUTION OF INCOME OR ASSETS.—The
income or assets of the corporation may not
The corporation may— inure to the benefit of, or be distributed to, a di-
(1) adopt and amend a constitution and by- rector, officer, or member as such during the life
laws for the management of its property and of the corporation or on its dissolution or final
the regulation of its affairs; liquidation. This subsection does not prevent
(2) adopt and alter a corporate seal; the payment of—
(3) choose officers, managers, and agents as (1) expenses of officers of the corporation in
the activities of the corporation require; amounts approved by the board of directors; or
(4) charge and collect membership dues; (2) appropriate aid to individuals to whom
(5) make contracts; the Medal of Honor has been awarded, their
(6) acquire, own, lease, encumber, and trans- widows, or their children, to carry out the pur-
fer property as necessary or convenient to poses of the corporation.
carry out the purposes of the corporation; (d) LOANS.—The corporation may not make a
(7) borrow money, issue instruments of in- loan to a director, officer, or employee. Direc-
debtedness, and secure its obligations by tors and officers who vote for or assent to mak-
granting security interests in its property; ing a loan to a director, officer, or employee,
(8) sue and be sued; and and officers who participate in making the loan,
(9) do any other act necessary and proper to are jointly and severally liable to the corpora-
carry out the purposes of the corporation. tion for the amount of the loan until it is repaid.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1333.) (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1334.)
HISTORICAL AND REVISION NOTES HISTORICAL AND REVISION NOTES
Revised Source (U.S. Code) Source (Statutes at Large) Revised
Section Section Source (U.S. Code) Source (Statutes at Large)

40505 .......... 36:794. Aug. 14, 1958, Pub. L. 85–642, 40506(a) ...... 36:802. Aug. 14, 1958, Pub. L. 85–642,
§§ 4, 16, 72 Stat. 598, 601. §§ 9(a) (1st sentence words
36:806. before last comma, last
sentence), (b), 10, 12, 72
In this section, the text of 36:806 is omitted as exe- Stat. 599, 600.
cuted and obsolete. 40506(b) ...... 36:800.
40506(c) ...... 36:799(a) (1st sen-
In clause (1), the words ‘‘apply, and alter’’ and ‘‘not tence words be-
inconsistent with the laws of the United States of fore last comma,
last sentence).
America or any State in which the corporation is to op- 40506(d) ...... 36:799(b).
erate’’ are omitted as [un]necessary.
In clause (2), the word ‘‘use’’ is omitted as unneces- In subsection (a), the words ‘‘any shares of’’ are omit-
sary. ted as unnecessary.
In clause (5), the words ‘‘make contracts’’ are sub- In subsection (b), the words ‘‘support’’ and ‘‘any’’ are
stituted for ‘‘contract and be contracted with’’ to added for consistency in the revised title. The words
eliminate unnecessary words. ‘‘directly or indirectly, local or national’’ are omitted
Clause (6) is substituted for ‘‘take and hold by lease, as unnecessary and for consistency in the revised title.
gift, purchase, grant, devise, bequest or otherwise any In subsection (c), before clause (1), the words ‘‘inure
property real, personal, or mixed, necessary or conven- to the benefit of’’ are substituted for ‘‘inure to’’ for
ient for attaining the objects of the corporation’’ and consistency in the revised title. In clause (1), the words
‘‘transfer, lease, or convey real or personal property’’ ‘‘bona fide’’ are omitted as unnecessary.
§ 40507 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 114
AND ORGANIZATIONS

§ 40507. Principal office agents acting within the scope of their author-
ity.
The principal office of the corporation shall be (b) IMMUNITY OF INDIVIDUALS.—A member or
in the District of Columbia or another place de- private individual is not liable for the obliga-
cided by the board of directors. However, the ac- tions of the corporation.
tivities of the corporation are not confined to
the place where the principal office is located (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1335.)
but may be conducted throughout the States, HISTORICAL AND REVISION NOTES
territories, and possessions of the United States.
Revised
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1334.) Section Source (U.S. Code) Source (Statutes at Large)

HISTORICAL AND REVISION NOTES 40510(a) ...... 36:801. Aug. 14, 1958, Pub. L. 85–642,
§§ 9(a) (1st sentence words
Revised after last comma), 11, 72
Section Source (U.S. Code) Source (Statutes at Large) Stat. 599, 600.
40510(b) ...... 36:799(a) (1st sen-
40507 .......... 36:795(a). Aug. 14, 1958, Pub. L. 85–642, tence words after
§ 5(a), 72 Stat. 598. last comma).

The word ‘‘various’’ is omitted as unnecessary. The § 40511. Distribution of assets on dissolution or
word ‘‘States’’ is added for clarity and consistency in final liquidation
the revised title.
On dissolution or final liquidation of the cor-
§ 40508. Records and inspection poration, any assets remaining after the dis-
(a) RECORDS.—The corporation shall keep— charge of all liabilities shall be distributed as
(1) correct and complete records of account; provided by the board of directors, but in com-
(2) minutes of the proceedings of its mem- pliance with the bylaws.
bers, board of directors, and committees hav- (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1335.)
ing any of the authority of its board of direc-
HISTORICAL AND REVISION NOTES
tors; and
(3) at its principal office, a record of the Revised Source (U.S. Code) Source (Statutes at Large)
names and addresses of its members entitled Section
to vote. 40511 .......... 36:805. Aug. 14, 1958, Pub. L. 85–642,
§ 15, 72 Stat. 600.
(b) INSPECTION.—A member entitled to vote, or
an agent or attorney of the member, may in- The word ‘‘satisfaction’’ is omitted as included in
spect the records of the corporation for any ‘‘discharge’’, and the word ‘‘obligations’’ is omitted as
proper purpose, at any reasonable time. included in ‘‘liabilities’’. The words ‘‘outstanding’’ and
‘‘all Federal and State laws applicable thereto’’ are
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1334.) omitted as unnecessary.
HISTORICAL AND REVISION NOTES CHAPTER 407—CORPORATION FOR THE
Revised PROMOTION OF RIFLE PRACTICE AND
Source (U.S. Code) Source (Statutes at Large)
Section FIREARMS SAFETY
40508 .......... 36:803. Aug. 14, 1958, Pub. L. 85–642, SUBCHAPTER I—CORPORATION
§ 13, 72 Stat. 600.
Sec.
The word ‘‘records’’ is substituted for ‘‘books and 40701. Organization.
records’’ for consistency in the revised title and with 40702. Governing body.
other titles of the United States Code. 40703. Powers.
40704. Restrictions.
§ 40509. Service of process 40705. Duty to maintain tax-exempt status.
40706. Distribution of assets on dissolution.
The corporation shall have a designated agent 40707. Nonapplication of audit requirements.
in the District of Columbia to receive service of SUBCHAPTER II—CIVILIAN MARKSMANSHIP
process for the corporation. Notice to or service PROGRAM
on the agent, or mailed to the business address 40721. Responsibility of corporation.
of the agent, is notice to or service on the cor- 40722. Functions.
poration. 40723. Eligibility for participation.
40724. Priority of youth participation.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1334.) 40725. National Matches and small-arms firing
school.
HISTORICAL AND REVISION NOTES 40726. Allowances for junior competitors.
40727. Army support.
Revised Source (U.S. Code) Source (Statutes at Large) 40728. Transfer of firearms, ammunition, and parts.
Section 40728A. Recovery of excess firearms, ammunition,
40509 .......... 36:795(b). Aug. 14, 1958, Pub. L. 85–642, and parts granted to foreign countries and
§ 5(b), 72 Stat. 598. transfer to corporation.
40729. Reservation of firearms, ammunition, and
The words ‘‘at all times’’ are omitted as unnecessary. parts.
The words ‘‘service of process’’ are substituted for 40730. Surplus property.
‘‘service and process’’ for consistency in the revised 40731. Issuance or loan of firearms and supplies.
title. 40732. Sale of firearms and supplies.
40733. Applicability of other law.
§ 40510. Liability AMENDMENTS
(a) LIABILITY OF CORPORATION.—The corpora- 2006—Pub. L. 109–364, div. A, title III, § 354(b), Oct. 17,
tion is liable for the acts of its officers and 2006, 120 Stat. 2162, added item 40728A.
Page 115 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 40703
AND ORGANIZATIONS

SUBCHAPTER I—CORPORATION (A) the daily operation of the corporation;


and
§ 40701. Organization (B) the duties of the corporation under sub-
(a) FEDERAL CHARTER.—Corporation for the chapter II of this chapter.
Promotion of Rifle Practice and Firearms Safe- (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1335.)
ty (in this chapter, the ‘‘corporation’’) is a fed-
erally chartered corporation. HISTORICAL AND REVISION NOTES
(b) NON-GOVERNMENTAL STATUS.—The corpora-
Revised Source (U.S. Code) Source (Statutes at Large)
tion is a private corporation, not a department, Section
agency, or instrumentality of the United States
40702(a)(1) .. 36:5501(c)(2). Feb. 10, 1996, Pub. L. 104–106,
Government. An officer or employee of the cor- title XVI, § 1611(c)(1)–(4),
poration is not an officer or employee of the (d), 110 Stat. 516.
40702(a)(2) .. 36:5501(c)(1).
Government. 40702(a)(3) .. 36:5501(c)(3).
40702(a)(4) .. 36:5501(c)(4).
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1335.) 40702(b)(1) .. 36:5501(d)(1).
40702(b)(2) .. 36:5501(d)(2).
HISTORICAL AND REVISION NOTES
In subsection (a)(1), the words ‘‘The board of directors
Revised Source (U.S. Code) Source (Statutes at Large) is the governing body of the corporation’’ are added for
Section
consistency in the revised title.
40701(a) ...... 36:5501(a) (less ‘‘pri- Feb. 10, 1996, Pub. L. 104–106, In subsection (a)(3), the words ‘‘The term of office of
vate, nonprofit’’). title XVI, § 1611(a) (less a director is 2 years’’ are substituted for ‘‘Each member
‘‘nonprofit’’), (b)(1), 110
Stat. 515, 516. of the Board of Directors shall serve for a term of two
40701(b) ...... 36:5501(a) (related to years’’, and the words ‘‘A director may be reappointed’’
private), (b)(1). are substituted for ‘‘Members of the Board of Directors
are eligible for reappointment’’, for consistency in the
Subsection (a) is substituted for the source provision revised title and to eliminate unnecessary words.
for consistency in the revised title. In subsection (b)(1), the words ‘‘an individual to serve
In subsection (b), the words ‘‘is not’’ are substituted as’’ are omitted as unnecessary.
for ‘‘shall not be considered to be’’ for clarity and to In subsection (b)(2), before clause (A), the words ‘‘is
eliminate unnecessary words. responsible for’’ are substituted for ‘‘shall be respon-
CONTINUATION OF ELIGIBILITY FOR CERTAIN CIVIL sible for the performance of’’ to eliminate unnecessary
SERVICE BENEFITS FOR FORMER FEDERAL EMPLOYEES words. In clause (B), the words ‘‘duties of the corpora-
OF CIVILIAN MARKSMANSHIP PROGRAM tion under subchapter II of this chapter’’ are sub-
stituted for ‘‘functions described in section 5502’’ be-
Pub. L. 104–106, div. A, title XVI, § 1622, Feb. 10, 1996, cause subchapter II of this chapter restates 36:5502–5504
110 Stat. 521 [former 36 U.S.C. 5522], provided that: and 5507 and all of these sections provide for duties of
‘‘(a) CONTINUATION OF ELIGIBILITY.—Notwithstanding the corporation that are the responsibility of the Direc-
any other provision of law, a Federal employee who is tor of Civilian Marksmanship.
employed by the Department of Defense to support the
Civilian Marksmanship Program as of the day before INITIAL BOARD OF DIRECTORS
the date of the transfer of the Program to the Corpora-
tion and is offered employment by the Corporation as Pub. L. 104–106, div. A, title XVI, § 1611(c)(5), Feb. 10,
part of the transition described in section 1612(d) 1996, 110 Stat. 516 [former 36 U.S.C. 5501(c)(5)], provided
[former 36 U.S.C. 5502(d)] may, if the employee becomes that: ‘‘The Secretary of the Army shall appoint the ini-
employed by the Corporation, continue to be eligible tial Board of Directors. Four of the members of the ini-
during continuous employment with the Corporation tial Board of Directors, to be designated by the Sec-
for the Federal health, retirement, and similar benefits retary at the time of appointment, shall (notwithstand-
(including life insurance) for which the employee would ing paragraph (3)) [now 36 U.S.C. 40702(a)(3)] serve for a
have been eligible had the employee continued to be term of one year.’’
employed by the Department of Defense. The employ-
er’s contribution for such benefits shall be paid by the
§ 40703. Powers
Corporation. The corporation may—
‘‘(b) REGULATIONS.—The Director of the Office of Per-
(1) adopt, use, and alter a corporate seal,
sonnel Management shall prescribe regulations to
carry out subsection (a).’’ which shall be judicially noticed;
(2) make contracts;
§ 40702. Governing body (3) acquire, own, lease, encumber, and trans-
fer property as necessary or convenient to
(a) BOARD OF DIRECTORS.—(1) The board of di-
carry out the activities of the corporation;
rectors is the governing body of the corporation.
(4) incur and pay obligations;
The board of directors may adopt bylaws, poli-
(5) charge fees to cover the corporation’s
cies, and procedures for the corporation and
costs in carrying out the Civilian Marksman-
may take any other action that it considers nec-
ship Program; and
essary for the management and operation of the
(6) do any other act necessary and proper to
corporation.
(2) The board shall have at least 9 directors. carry out the activities of the corporation.
(3) The term of office of a director is 2 years. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1336.)
A director may be reappointed.
(4) A vacancy on the board of directors shall HISTORICAL AND REVISION NOTES
be filled by a majority vote of the remaining di- Revised Source (U.S. Code) Source (Statutes at Large)
rectors. Section
(b) DIRECTOR OF CIVILIAN MARKSMANSHIP.—(1) 40703(1) ...... 36:5508(b). Feb. 10, 1996, Pub. L. 104–106,
The board of directors shall appoint the Director title XVI, § 1618(a)(1), (2),
(b)–(e), 110 Stat. 520.
of Civilian Marksmanship. 40703(2) ...... 36:5508(c) (less
(2) The Director is responsible for— ‘‘leases’’).
§ 40704 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 116
AND ORGANIZATIONS

HISTORICAL AND REVISION NOTES—Continued § 40706. Distribution of assets on dissolution


Revised Source (U.S. Code) Source (Statutes at Large) (a) SECRETARY OF THE ARMY.—On dissolution
Section of the corporation, title to the following items,
40703(3) ...... 36:5508(a)(1), (c) (re- and the right to possess the items, vest in the
lated to leases). Secretary of the Army—
40703(4) ...... 36:5508(d).
40703(5) ...... 36:5508(a)(2). (1) firearms stored at Defense Distribution
40703(6) ...... 36:5508(e). Depot, Anniston, Anniston, Alabama on the
date of dissolution.
In clause (2), the words ‘‘make contracts’’ are sub- (2) M–16 rifles under control of the corpora-
stituted for ‘‘enter into contracts’’ for consistency in
the revised title. The words ‘‘agreements, or other tion.
transactions’’ are omitted as included in ‘‘contracts’’. (3) trophies received from the National
Clause (3) is substituted for ‘‘The Corporation may Board for the Promotion of Rifle Practice
solicit, accept, hold, use, and dispose of donations of through the date of dissolution.
money, property, and services received by gift, devise,
(b) TAX-EXEMPT ORGANIZATIONS.—(1) On dis-
bequest, or otherwise’’ in 36:5508(a)(1) and ‘‘enter into
. . . leases’’ in 36:5508(c) for consistency in the revised solution of the corporation, an asset not de-
title. scribed in subsection (a) of this section may be
Clause (4) is substituted for ‘‘determine the character distributed to an organization that—
of, and necessity for, its obligations and expenditures (A) is exempt from taxation under section
and the manner in which they shall be incurred, al- 501(a) of the Internal Revenue Code of 1986 (26
lowed, and paid and may incur, allow, and pay such ob- U.S.C. 501(a)) as an organization described in
ligations and expenditures’’ to eliminate unnecessary section 501(c)(3) of that Code (26 U.S.C.
words.
In clause (5), the words ‘‘charge fees to cover the cor- 501(c)(3)); and
poration’s costs’’ are substituted for ‘‘impose, collect, (B) performs functions similar to the func-
and retain such fees as are reasonably necessary to tions described in section 40722 of this title.
cover the direct and indirect costs of the Corporation’’ (2) An asset distributed under this subsection
to eliminate unnecessary words. may not be distributed to an individual.
Clause (6) is substituted for ‘‘take such other actions
as are necessary or appropriate to carry out the author-
(c) TREASURY.—On dissolution of the corpora-
ity provided in this section’’ for consistency in the re- tion, any asset not distributed under subsection
vised title. (a) or (b) of this section shall be sold and the
proceeds shall be deposited in the Treasury.
§ 40704. Restrictions
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1336.)
(a) PROFIT.—The corporation may not operate
for profit. HISTORICAL AND REVISION NOTES
(b) USE OF AMOUNTS COLLECTED.—Amounts Revised Source (U.S. Code) Source (Statutes at Large)
collected under section 40703(3) and (5) of this Section
title, including proceeds from the sale of fire- 40706(a) ...... 36:5509(a)(1). Feb. 10, 1996, Pub. L. 104–106,
arms, ammunition, repair parts, and other sup- title XVI, § 1619, 110 Stat.
plies, may be used only to support the Civilian 520; Sept. 23, 1996, Pub. L.
104–201, title X, § 1073(c)(3),
Marksmanship Program. 110 Stat. 2657.
40706(b)(1) .. 36:5509(a)(2).
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1336.) 40706(b)(2) .. 36:5509(b).
40706(c) ...... 36:5509(a)(3).
HISTORICAL AND REVISION NOTES
In subsection (a), before clause (1), the words ‘‘title to
Revised Source (U.S. Code) Source (Statutes at Large) the following items, and the right to possess the items,
Section vest in the Secretary of the Army’’ are substituted for
40704(a) ...... 36:5501(a) (related to Feb. 10, 1996, Pub. L. 104–106, ‘‘title to [specified items] . . . shall vest in the Sec-
nonprofit). title XVI, §§ 1611(a) (relat- retary of the Army, and the Secretary shall have the
ed to nonprofit), 1618(a)(3), immediate right to the possession of such items’’ to
110 Stat. 515, 520.
40704(b) ...... 36:5508(a)(3). eliminate unnecessary words. In clause (2), the words
‘‘M–16 rifles under control of the corporation’’ are sub-
In subsection (b), the words ‘‘ammunition, repair stituted for ‘‘M–16 rifles that are transferred to the
parts, and other supplies’’ are substituted for ‘‘ammu- Corporation under section 1615(a)(2), that are referred
nition, targets, and other supplies and appliances’’ for to in section 1616(a)(3), or that are otherwise under the
consistency in the revised title. control of the Corporation’’ to eliminate unnecessary
words.
§ 40705. Duty to maintain tax-exempt status In subsection (b), paragraph (2) is applied only to sub-
section (b) because the prohibition is not relevant to
The corporation shall be operated in a manner 36:5509(a)(1) or (3).
and for purposes that qualify the corporation for
exemption from taxation under section 501(a) of § 40707. Nonapplication of audit requirements
the Internal Revenue Code of 1986 (26 U.S.C. The audit requirements of section 10101 of this
501(a)) as an organization described in section title do not apply to the corporation.
501(c)(3) of that Code (26 U.S.C. 501(c)(3)).
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1337.)
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1336.)
HISTORICAL AND REVISION NOTES
HISTORICAL AND REVISION NOTES
Revised Source (U.S. Code) Source (Statutes at Large)
Revised Section
Section Source (U.S. Code) Source (Statutes at Large)
40707 .......... (no source).
40705 .......... 36:5501(b)(2). Feb. 10, 1996, Pub. L. 104–106,
title XVI, § 1611(b)(2), 110 The section is added to except the Corporation for the
Stat. 516.
Promotion of Rifle Practice and Firearms Safety from
Page 117 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 40724
AND ORGANIZATIONS

the application of section 10101 of the revised title, re- In clause (5), the words ‘‘ammunition, repair parts,
stating 36:1101–1103, which imposes audit requirements and other supplies’’ are substituted for ‘‘ammunition,
on certain federally chartered corporations. The cor- supplies, and appliances’’ for consistency in the revised
poration is not included in the list of corporations set title.
out in 36:1101 to which the audit requirements apply. In clause (6), the words ‘‘supplies and services’’ are
substituted for ‘‘supplies, appliances, clerical services,
SUBCHAPTER II—CIVILIAN MARKSMANSHIP other related services, and labor’’ to eliminate unneces-
PROGRAM sary words.

§ 40721. Responsibility of corporation § 40723. Eligibility for participation


(a) CERTIFICATION.—(1) An individual shall cer-
The corporation shall supervise and control
tify by affidavit, before participating in an ac-
the Civilian Marksmanship Program.
tivity sponsored or supported by the corpora-
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1337.) tion, that the individual—
(A) has not been convicted of a felony;
HISTORICAL AND REVISION NOTES (B) has not been convicted of a violation of
Revised section 922 of title 18; and
Section Source (U.S. Code) Source (Statutes at Large) (C) is not a member of an organization that
40721 .......... 36:5502(a) (words be- Feb. 10, 1996, Pub. L. 104–106,
advocates the violent overthrow of the United
fore cl. (1)). title XVI, § 1612(a) (words States Government.
before cl. (1)), 110 Stat.
516. (2) The Director of Civilian Marksmanship
may require an individual to provide certifi-
The words ‘‘shall supervise and control the Civilian cation from law enforcement agencies to verify
Marksmanship Program’’ are substituted for ‘‘shall that the individual has not been convicted of a
have responsibility for the overall supervision, over- felony or a violation of section 922 of title 18.
sight, and control of the Civilian Marksmanship Pro- (b) INELIGIBILITY.—An individual may not par-
gram, pursuant to the transfer of the program under
subsection (d), including the performance of the follow-
ticipate in an activity sponsored or supported by
ing’’ to eliminate unnecessary words. the corporation if the individual—
(1) has been convicted of a felony; or
§ 40722. Functions (2) has been convicted of a violation of sec-
tion 922 of title 18.
The functions of the Civilian Marksmanship
Program are— (c) LIMITING PARTICIPATION.—The Director
(1) to instruct citizens of the United States may limit participation in the program as nec-
in marksmanship; essary to ensure—
(1) the safety of participants;
(2) to promote practice and safety in the use (2) the security of firearms, ammunition,
of firearms; and equipment; and
(3) to conduct competitions in the use of (3) the quality of instruction in the use of
firearms and to award trophies, prizes, badges, firearms.
and other insignia to competitors;
(4) to secure and account for firearms, am- (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1337.)
munition, and other equipment for which the HISTORICAL AND REVISION NOTES
corporation is responsible;
(5) to issue, loan, or sell firearms, ammuni- Revised Source (U.S. Code) Source (Statutes at Large)
Section
tion, repair parts, and other supplies under
sections 40731 and 40732 of this title; and 40723(a) ...... 36:5503(a). Feb. 10, 1996, Pub. L. 104–106,
title XVI, § 1613, 110 Stat.
(6) to procure necessary supplies and serv- 517.
ices to carry out the Program. 40723(b) ...... 36:5503(b).
40723(c) ...... 36:5503(c).
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1337.)
In subsection (a)(1), the words ‘‘shall certify’’ are sub-
HISTORICAL AND REVISION NOTES stituted for ‘‘shall be required to certify’’, and the word
‘‘felony’’ is substituted for ‘‘Federal or State felony’’,
Revised Source (U.S. Code) Source (Statutes at Large) to eliminate unnecessary words.
Section
In subsection (a)(2), the words ‘‘provide certification’’
40722 .......... 36:5502(a) (less Feb. 10, 1996, Pub. L. 104–106, are substituted for ‘‘attach to the person’s affidavit a
words before cl. title XVI, § 1612(a) (less certification’’, and the words ‘‘law enforcement agen-
(1)). words before cl. (1)), 110
Stat. 516. cies’’ are substituted for ‘‘appropriate State or Federal
law enforcement agency’’, to eliminate unnecessary
Before clause (1), the words ‘‘The functions of the Ci- words.
vilian Marksmanship Program are’’ are added because In subsection (b), the words ‘‘may not participate’’
of the reorganization of the revised chapter. are substituted for ‘‘shall not be eligible to partici-
In clause (3), the word ‘‘matches’’ is omitted as in- pate’’ to eliminate unnecessary words. The words
cluded in ‘‘competitions’’. ‘‘through the Civilian Marksmanship Program’’ are
In clause (4), the words ‘‘to secure and account for’’ omitted as unnecessary. The word ‘‘felony’’ is sub-
are substituted for ‘‘The provision of security and ac- stituted for ‘‘Federal or State felony’’ to eliminate un-
countability for’’ for clarity and to eliminate unneces- necessary words.
In subsection (c)(3), the words ‘‘the quality of instruc-
sary words. The words ‘‘for which the corporation is re-
tion’’ are substituted for ‘‘quality instruction’’ for con-
sponsible’’ are substituted for ‘‘under the custody and
sistency in the subsection.
control of the Corporation’’ for clarity and for consist-
ency with section 40731(b) of this title related to fire- § 40724. Priority of youth participation
arms that are not under the direct custody and control
of the corporation because they have been issued or In carrying out the Civilian Marksmanship
loaned. Program, the corporation shall give priority to
§ 40725 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 118
AND ORGANIZATIONS

activities that benefit firearms safety, training, prescribed by the Secretary instead of travel ex-
and competition for youth and that reach as penses and subsistence while traveling. The
many youth participants as possible. travel allowance for the return trip may be paid
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1338.) in advance.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1338.)
HISTORICAL AND REVISION NOTES
HISTORICAL AND REVISION NOTES
Revised Source (U.S. Code) Source (Statutes at Large)
Section Revised
Section Source (U.S. Code) Source (Statutes at Large)
40724 .......... 36:5502(b). Feb. 10, 1996, Pub. L. 104–106,
title XVI, § 1612(b), 110 40726(a) 10:4313(a)(1) (words
Stat. 516. (words be- before ‘‘may be
fore cl. paid’’).
(1)).
§ 40725. National Matches and small-arms firing 40726(a) 10:4313(b).
school (less
words be-
(a) ANNUAL COMPETITION.—An annual competi- fore cl.
(1)).
tion called the ‘‘National Matches’’ and consist- 40726(b) ...... 10:4313(a)(1) (words
ing of rifle and pistol matches for a national tro- beginning ‘‘may
be paid’’).
phy, medals, and other prizes shall be held as 40726(c) ...... 10:4313(a)(2).
prescribed by the Secretary of the Army.
(b) ELIGIBLE PARTICIPANTS.—The National In this section, the provisions for a junior competitor
Matches are open to members of the Armed to be paid a subsistence allowance and a travel allow-
Forces, National Guard, Reserve Officers’ Train- ance prescribed by ‘‘the Secretary of the Army’’ are re-
tained notwithstanding section 1612(d) of The National
ing Corps, Air Force Reserve Officers’ Training Defense Authorization Act for Fiscal Year 1996 (Public
Corps, Citizens’ Military Training Camps, Citi- Law 104–106, 110 Stat. 517) which transferred the Civil-
zens’ Air Training Camps, and rifle clubs, and to ian Marksmanship Program, including the National
civilians. Matches, from the Secretary of the Army to the cor-
(c) SMALL-ARMS FIRING SCHOOL.—A small-arms poration. The conforming amendments in section 1624
firing school shall be held in connection with of the Act (110 Stat. 522) did not repeal the authority of
the National Matches. the Secretary of the Army to prescribe National
(d) OTHER COMPETITIONS.—Competitions for Matches under 10:4312 or to prescribe subsistence and
which trophies and medals are provided by the travel allowances for competitors under 10:4313.
National Rifle Association of America shall be § 40727. Army support
held in connection with the National Matches.
(a) LOGISTICAL SUPPORT.—The Secretary of the
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1338.) Army shall provide logistical support to the Ci-
HISTORICAL AND REVISION NOTES vilian Marksmanship Program for competitions
and other activities. The corporation shall reim-
Revised burse the Secretary for incremental direct costs
Section Source (U.S. Code) Source (Statutes at Large)
incurred in providing logistical support. The re-
40725 .......... 10:4312. imbursements shall be credited to the appropria-
tions account of the Department of the Army
In subsection (a), the provision for the National
Matches to be held as prescribed by ‘‘the Secretary of that is charged to provide the logistical support.
the Army’’ is retained notwithstanding section 1612(d) (b) NATIONAL MATCHES.—(1) The National
of The National Defense Authorization Act for Fiscal Matches may be held at Department of Defense
Year 1996 (Public Law 104–106, 110 Stat. 517) which facilities where the National Matches were held
transferred the Civilian Marksmanship Program, in- before February 10, 1996.
cluding the National Matches, from the Secretary of (2) The Secretary shall provide, without cost
the Army to the corporation. The conforming amend- to the corporation, members of the National
ments in section 1624 of the Act (110 Stat. 522) did not Guard and Army Reserve to support the Na-
repeal the authority of the Secretary of the Army to tional Matches as part of the annual training
prescribe National Matches under 10:4312 or to prescribe
under title 10 and title 32.
subsistence and travel allowances for competitors
under 10:4313.
(c) REGULATIONS.—The Secretary shall pre-
scribe regulations to carry out this section.
§ 40726. Allowances for junior competitors (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1338.)
(a) DEFINITION.—In this section, a ‘‘junior com- HISTORICAL AND REVISION NOTES
petitor’’ is a competitor at the National
Matches, a small-arms firing school, a competi- Revised
Source (U.S. Code) Source (Statutes at Large)
Section
tion in connection with the National Matches,
or a special clinic under section 40725 of this 40727(a) ...... 36:5507(a). Feb. 10, 1996, Pub. L. 104–106,
title who is— title XVI, § 1617, 110 Stat.
519.
(1) less than 18 years of age; or 40727(b)(1) .. 36:5507(c).
(2) a member of a gun club organized for the 40727(b)(2) .. 36:5507(b).
40727(c) ...... 36:5507(d).
students of a college or university.
(b) SUBSISTENCE ALLOWANCE.—A junior com- In subsection (a), the words ‘‘other activities’’ are
petitor may be paid a subsistence allowance in substituted for ‘‘other activities conducted by the Cor-
poration’’ to eliminate unnecessary words.
an amount prescribed by the Secretary of the In subsection (b)(1), the words ‘‘continue to’’ are
Army. omitted as unnecessary.
(c) TRAVEL ALLOWANCE.—A junior competitor In subsection (b)(2), the words ‘‘for the use of’’ and
may be paid a travel allowance in an amount ‘‘performance of’’ are omitted as unnecessary.
Page 119 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 40728A
AND ORGANIZATIONS

§ 40728. Transfer of firearms, ammunition, and HISTORICAL AND REVISION NOTES


parts
Revised
Section Source (U.S. Code) Source (Statutes at Large)
(a) REQUIRED TRANSFERS.—In accordance with
subsection (b) of this section, the Secretary of 40728(a) ...... 36:5505(a). Feb. 10, 1996, Pub. L. 104–106,
title XVI, §§ 1615, 1616(b),
the Army shall transfer to the corporation all (c), 110 Stat. 518, 519; Sept.
firearms and ammunition that, on February 9, 23, 1996, Pub. L. 104–201,
title X, § 1073(c)(1), (2), 110
1996, were under the control of the director of ci- Stat. 2657.
vilian marksmanship (as that position existed 40728(b) ...... 36:5505(b).
40728(c) ...... 36:5505(d).
under section 4307 of title 10 on February 9, 40728(d) ...... 36:5506(b).
1996), including— 40728(e) ...... 36:5505(c).
40728(f) ....... 36:5506(c).
(1) all firearms on loan to affiliated clubs 40728(g) ...... 36:5505(e).
and State associations;
In subsection (a), the words ‘‘director of civilian
(2) all firearms in the possession of the Civil- marksmanship (as that position existed under section
ian Marksmanship Support Detachment; and 4307 of title 10 on February 9, 1996)’’ are substituted for
(3) all M–1 Garand and caliber .22 rimfire ri- ‘‘Director of the Civilian Marksmanship Program’’ to
fles stored at Defense Distribution Depot, An- avoid confusion with the office of the Director of Civil-
niston, Anniston, Alabama. ian Marksmanship created on February 10, 1996, by sec-
tion 1611(d) of The National Defense Authorization Act
(b) TIME FOR TRANSFERS.—The Secretary shall for Fiscal Year 1996 (Public Law 104–106, 110 Stat. 516).
transfer firearms and ammunition under sub- In subsection (b), the words ‘‘firearms or ammuni-
tion’’ are substituted for ‘‘such items’’ for clarity. In
section (a) of this section as and when necessary clause (2), the words ‘‘to purchasers’’ are omitted as un-
to enable the corporation— necessary.
(1) to issue or loan firearms or ammunition In subsection (c)(1), the words ‘‘eligible recipient’’ are
under section 40731 of this title; or substituted for ‘‘recipient eligible . . . to receive the
item’’ to eliminate unnecessary words.
(2) to sell firearms or ammunition under sec-
In subsection (c)(2), the word ‘‘purchaser’’ is sub-
tion 40732 of this title. stituted for ‘‘purchaser of the item’’ to eliminate un-
necessary words.
(c) VESTING OF TITLE IN TRANSFERRED ITEMS.—
In subsection (d), the words ‘‘(as that program existed
Title to an item transferred to the corporation under section 4308(e) of title 10 before February 10,
under this section shall vest in the corpora- 1996)’’ are added for clarity. The words ‘‘issued, loaned,
tion— or sold by the corporation’’ are substituted for ‘‘issued,
(1) on the issuance of the item to an eligible loaned, or sold by’’ for clarity.
recipient under section 40731 of this title; or In subsection (e), the words ‘‘transfer . . . to’’ are
substituted for ‘‘make available to’’ for consistency in
(2) immediately before the corporation deliv- the revised section and in consideration of the words
ers the item to a purchaser in accordance with ‘‘transfer of . . . parts to’’ in 36:5505(e).
a contract for sale of the item that is author-
REFERENCES IN TEXT
ized under section 40732 of this title.
Sections 4307 and 4308 of title 10, referred to in sub-
(d) STORAGE OF FIREARMS.—Firearms stored at secs. (a) and (d), were repealed by Pub. L. 104–106, div.
Defense Distribution Depot, Anniston, Anniston, A, title XVI, § 1624(a)(1), Feb. 10, 1996, 110 Stat. 522.
Alabama, before February 10, 1996, and used for
the Civilian Marksmanship Program (as that § 40728A. Recovery of excess firearms, ammuni-
program existed under section 4308(e) of title 10 tion, and parts granted to foreign countries
before February 10, 1996), shall remain at that and transfer to corporation
facility or another storage facility designated (a) AUTHORITY TO RECOVER.—The Secretary of
by the Secretary, without cost to the corpora- the Army may recover from any country to
tion, until the firearms are issued, loaned, or which rifles, ammunition, repair parts, or other
sold by the corporation, or otherwise transferred supplies described in section 40731(a) of this title
to the corporation. are furnished on a grant basis under the condi-
(e) DISCRETIONARY TRANSFER OF PARTS.—The tions imposed by section 505 of the Foreign As-
Secretary may transfer from the inventory of sistance Act of 1961 (22 U.S.C. 2314) any such ri-
the Department of the Army to the corporation fles, ammunition, repair parts, or supplies that
any part from a rifle designated to be demili- become excess to the needs of such country.
tarized. (b) COST OF RECOVERY.—(1) Except as provided
(f) LIMITATION ON DEMILITARIZATION OF M–1 RI- in paragraph (2), the cost of recovery of any ri-
FLES.—After February 10, 1996, the Secretary fles, ammunition, repair parts, or supplies under
may not demilitarize an M–1 Garand rifle in the subsection (a) shall be treated as incremental di-
inventory of the Army unless the Defense Logis- rect costs incurred in providing logistical sup-
tics Agency decides the rifle is unserviceable. port to the corporation for which reimburse-
(g) COST OF TRANSFERS.—A transfer of fire- ment shall be required as provided in section
arms, ammunition, or parts to the corporation 40727(a) of this title.
under this section shall be made without cost to (2) The Secretary may require the corporation
the corporation, except that the corporation to pay costs of recovery described in paragraph
shall assume the cost of preparation and trans- (1) in advance of incurring such costs. Amounts
portation of firearms and ammunition trans- so paid shall not be subject to the provisions of
ferred under this section. section 3302 of title 31, but shall be administered
in accordance with the last sentence of section
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1339.) 40727(a) of this title.
§ 40729 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 120
AND ORGANIZATIONS

(c) AVAILABILITY FOR TRANSFER TO CORPORA- § 40731. Issuance or loan of firearms and supplies
TION.—Any rifles, ammunition, repair parts, or
(a) ISSUANCE OR LOAN.—For purposes of train-
supplies recovered under subsection (a) shall be
ing and competition, the corporation may issue
available for transfer to the corporation in ac-
or loan, with or without charges to recover ad-
cordance with section 40728 of this title under
ministrative costs, caliber .22 rimfire and cali-
such additional terms and conditions as the Sec-
ber .30 surplus rifles, air rifles, caliber .22 and .30
retary shall prescribe for purposes of this sec-
ammunition, repair parts, and other supplies
tion.
necessary for activities related to the Civilian
(Added Pub. L. 109–364, div. A, title III, § 354(a), Marksmanship Program to—
Oct. 17, 2006, 120 Stat. 2162.) (1) organizations affiliated with the corpora-
tion that provide firearms training to youth;
§ 40729. Reservation of firearms, ammunition,
(2) the Boy Scouts of America;
and parts (3) 4–H Clubs;
(a) RESERVATION.—The Secretary of the Army (4) the Future Farmers of America; and
shall reserve for the corporation— (5) other youth oriented organizations.
(1) firearms described in section 40728(a) of (b) SECURITY OF FIREARMS.—The corporation
this title; shall ensure adequate oversight and account-
(2) ammunition for firearms described in ability for firearms issued or loaned under this
40728(a) of this title; section. The corporation shall prescribe proce-
(3) M–16 rifles held by the Department of the dures for the security of issued or loaned fire-
Army on February 10, 1996, and used to support arms in accordance with United States, State,
the small-arms firing school; and and local laws.
(4) parts from, and other supplies for, surplus
caliber .30 and caliber .22 rimfire rifles. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1340.)
(b) EXCEPTION.—This section does not super- HISTORICAL AND REVISION NOTES
sede the authority provided in section 1208 of the
Revised
National Defense Authorization Act for Fiscal Section Source (U.S. Code) Source (Statutes at Large)
Years 1990 and 1991 (Public Law 101–189; 10 U.S.C.
40731(a) ...... 36:5504(a). Feb. 10, 1996, Pub. L. 104–106,
372 note). title XVI, § 1614(a), (d), 110
Stat. 517, 518.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1339.) 40731(b) ...... 36:5504(d).
HISTORICAL AND REVISION NOTES
In subsection (a), the words ‘‘repair parts, and other
Revised supplies’’ are substituted for ‘‘targets, and other sup-
Section Source (U.S. Code) Source (Statutes at Large) plies and appliances’’ for consistency in the revised
title.
40729(a) ...... 36:5506(a). Feb. 10, 1996, Pub. L. 104–106, In subsection (b) the words ‘‘shall ensure’’ are sub-
title XVI, § 1616(a), (d), 110
Stat. 519. stituted for ‘‘shall be responsible for ensuring’’ to
40729(b) ...... 36:5506(d). eliminate unnecessary words.

In subsection (a)(4), the words ‘‘other supplies’’ are § 40732. Sale of firearms and supplies
substituted for ‘‘accessories and accouterments’’ for
consistency in the revised title. (a) AFFILIATED ORGANIZATIONS.—The corpora-
tion may sell, at fair market value, caliber .22
REFERENCES IN TEXT rimfire and caliber .30 surplus rifles, air rifles,
Section 1208 of the National Defense Authorization caliber .22 and .30 ammunition, repair parts, and
Act for Fiscal Years 1990 and 1991, referred to in subsec. other supplies to organizations affiliated with
(b), is section 1208 of Pub. L. 101–189, div. A, title XII, the corporation that provide training in the use
Nov. 29, 1989, 103 Stat. 1566, as amended, which was set of firearms.
out as a note under section 372 of Title 10, Armed
Forces, and was repealed and restated in section 2576a
(b) GUN CLUB MEMBERS.—(1) The corporation
of Title 10 by Pub. L. 104–201, div. A, title X, § 1033(a)(1), may sell, at fair market value, caliber .22 rim-
(b)(1), Sept. 23, 1996, 110 Stat. 2639, 2640. fire and caliber .30 surplus rifles, ammunition,
repair parts and other supplies necessary for tar-
§ 40730. Surplus property get practice to a citizen of the United States
The corporation may obtain surplus property who is over 18 years of age and who is a member
from the Defense Reutilization Marketing Serv- of a gun club affiliated with the corporation.
ice to carry out the Civilian Marksmanship Pro- (2) Except as provided in section 40733 of this
gram. A transfer of property to the corporation title, sales under this subsection are subject to
under this section shall be made without cost to applicable United States, State, and local law.
the corporation. In addition to any other requirement, the cor-
poration shall establish procedures to obtain a
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1340.) criminal records check of the individual with
HISTORICAL AND REVISION NOTES United States Government and State law en-
forcement agencies.
Revised Source (U.S. Code) Source (Statutes at Large) (c) LIMITATION ON SALES.—(1) The corporation
Section
may not sell a repair part designed to convert a
40730 .......... 36:5502(c). Feb. 10, 1996, Pub. L. 104–106, firearm to fire in a fully automatic mode.
title XVI, § 1612(c), 110
Stat. 517. (2) The corporation may not sell any item to
an individual who has been convicted of—
The word ‘‘supplies’’ is omitted as included in ‘‘prop- (A) a felony; or
erty’’. (B) a violation of section 922 of title 18.
Page 121 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 50103
AND ORGANIZATIONS

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1340.) HISTORICAL AND REVISION NOTES

HISTORICAL AND REVISION NOTES Revised


Source (U.S. Code) Source (Statutes at Large)
Section
Revised Source (U.S. Code) Source (Statutes at Large)
Section 50101 .......... 36:3713. Dec. 9, 1985, Pub. L. 99–172,
§ 14, 99 Stat. 1022.
40732(a) ...... 36:5504(b)(1). Feb. 10, 1996, Pub. L. 104–106,
title XVI, § 1614(b), (c), The words ‘‘the Commonwealth of Puerto Rico, the
(e)(1), 110 Stat. 518. Commonwealth of the Northern Mariana Islands’’ are
40732(b)(1) .. 36:5504(b)(2) (1st sen-
tence). omitted as included in ‘‘the territories and possessions
40732(b)(2) 36:5504(e)(1). of the United States’’.
(1st sen-
tence).
40732(b)(2) 36:5504(b)(2) (last § 50102. Organization
(last sen- sentence).
tence). (a) FEDERAL CHARTER.—Daughters of Union
40732(c) ...... 36:5504(c). Veterans of the Civil War 1861–1865 (in this chap-
ter, the ‘‘corporation’’), a nonprofit corporation
In subsection (a), the words ‘‘repair parts, and other
supplies’’ are substituted for ‘‘repair parts, and ac- incorporated in Ohio, is a federally chartered
couterments’’ for consistency in the revised title. corporation.
In subsection (b)(1), the words ‘‘repair parts, and (b) EXPIRATION OF CHARTER.—If the corpora-
other supplies’’ are substituted for ‘‘targets, repair tion does not comply with any provision of this
parts and accouterments, and other supplies and appli- chapter, the charter granted by this chapter ex-
ances’’ for consistency in the revised title. pires.
In subsection (b)(2), the word ‘‘appropriate’’ is omit-
ted as unnecessary. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1341.)
In subsection (c)(1), the word ‘‘sell’’ is substituted for
HISTORICAL AND REVISION NOTES
‘‘offer for sale’’ to eliminate unnecessary words.
In subsection (c)(2), the words ‘‘any item’’ are sub- Revised
stituted for ‘‘rifles, ammunition, or any other item Section Source (U.S. Code) Source (Statutes at Large)
available for sale to individuals under the Civilian
50102(a) ...... 36:3701. Dec. 9, 1985, Pub. L. 99–172,
Marksmanship Program’’ to eliminate unnecessary §§ 1, 16, 99 Stat. 1020, 1023.
words. 50102(b) ...... 36:3715.

In subsection (a), the words ‘‘incorporated in Ohio’’


§ 40733. Applicability of other law are substituted for ‘‘organized under the laws of the
State of Ohio’’ for consistency in the revised title and
Section 922(a)(1)–(3) and (5) of title 18 does not
to eliminate unnecessary words.
apply to the shipment, transportation, receipt,
transfer, sale, issuance, loan, or delivery by the § 50103. Purposes
corporation, of an item that the corporation is
authorized to issue, loan, sell, or receive under (a) PROVIDED IN ARTICLES OF INCORPORATION.—
this chapter. The purposes of the corporation are as provided
in the articles of incorporation.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1341.) (b) PERPETUATING MEMORIES.—To perpetuate
HISTORICAL AND REVISION NOTES the memories of the fathers of the Daughters of
Union Veterans of the Civil War 1861–1865, their
Revised Source (U.S. Code) Source (Statutes at Large) loyalty to the Union, and their unselfish sac-
Section
rifices for the preservation of the Union, the
40733 .......... 36:5504(e)(2). Feb. 10, 1996, Pub. L. 104–106, purposes of the corporation also include—
title XVI, § 1614(e)(2), 110
Stat. 518. (1) encouraging the preservation of historic
sites and the construction and preservation of
monuments commemorating any aspect of the
CHAPTER 501—DAUGHTERS OF UNION Civil War;
VETERANS OF THE CIVIL WAR 1861–1865 (2) building and maintaining a Museum of
Civil War History, admission to which shall be
Sec. free and open to the public, in the city of
50101. Definition. Springfield, Illinois, as a repository of Civil
50102. Organization.
War documents, artifacts, and cultural relics;
50103. Purposes.
50104. Membership.
(3) maintaining a library in connection with
50105. Governing body. the Civil War museum, admission to which
50106. Powers. shall be open to the public, containing the of-
50107. Restrictions. ficial volumes of the War of the Rebellion
50108. Duty to maintain tax-exempt status. Records, Civil War genealogical files, Adjutant
50109. Records and inspection. General reports of the various States, military
50110. Service of process. and biographical records and accounts of the
50111. Liability for acts of officers and agents. individual service of Union soldiers, sailors,
50112. Annual report.
and marines, diaries, letters, relics, and other
records;
§ 50101. Definition (4) promulgating and teaching American his-
tory, particularly the history of the Civil War
For purposes of this chapter, ‘‘State’’ includes period, through the establishment of scholar-
the District of Columbia and the territories and ship programs at the national and State lev-
possessions of the United States. els, the presentation of American flags to
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1341.) youth groups and newly naturalized citizens,
§ 50104 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 122
AND ORGANIZATIONS

and the sponsorship of contests of educational HISTORICAL AND REVISION NOTES


merit;
Revised
(5) caring for veterans of all wars through Section Source (U.S. Code) Source (Statutes at Large)
volunteer programs in Department of Veter-
50106 .......... 36:3702. Dec. 9, 1985, Pub. L. 99–172,
ans Affairs medical centers and in homes and § 2, 99 Stat. 1020.
other institutions maintained by the States
for the welfare of American veterans; and The words ‘‘and subject to the laws of such State or
(6) participating, in a spirit of cooperation States’’ are omitted as unnecessary.
and reciprocity, in programs with other soci- § 50107. Restrictions
eties devoted to American history, veterans’
affairs, or community interests. (a) STOCK AND DIVIDENDS.—The corporation
may not issue stock or declare or pay a divi-
(c) VETERANS’ AND PATRIOTIC ORGANIZATION.—
dend.
The corporation shall function as a veterans’
(b) POLITICAL ACTIVITIES.—The corporation or
and patriotic organization as authorized by the
a director or officer as such may not contribute
laws of each State in which it is incorporated.
to, support, or participate in any political activ-
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1341.) ity or in any manner attempt to influence legis-
lation.
HISTORICAL AND REVISION NOTES
(c) DISTRIBUTION OF INCOME OR ASSETS.—The
Revised income or assets of the corporation may not
Section Source (U.S. Code) Source (Statutes at Large)
inure to the benefit of, or be distributed to, a di-
50103 .......... 36:3703. Dec. 9, 1985, Pub. L. 99–172, rector, officer, or member during the life of the
§ 3, 99 Stat. 1020; June 13, charter granted by this chapter. This subsection
1991, Pub. L. 102–54,
§ 13(n)(8), 105 Stat. 278. does not prevent the payment of reasonable
compensation to an officer or reimbursement for
The word ‘‘objects’’ is omitted as included in ‘‘pur- actual necessary expenses in amounts approved
poses’’ and for consistency in the revised title. by the board of directors.
(d) LOANS.—The corporation may not make a
§ 50104. Membership loan to a director, officer, or employee.
(e) CLAIM OF GOVERNMENTAL APPROVAL OR AU-
Eligibility for membership in the corporation THORIZATION.—The corporation may not claim
and the rights and privileges of members are as congressional approval or the authority of the
provided in the constitution and bylaws of the United States Government for any of its activi-
corporation. ties.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1342.) (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1342.)
HISTORICAL AND REVISION NOTES HISTORICAL AND REVISION NOTES
Revised Revised
Section Source (U.S. Code) Source (Statutes at Large) Source (U.S. Code) Source (Statutes at Large)
Section
50104 .......... 36:3705. Dec. 9, 1985, Pub. L. 99–172, 50107(a) ...... 36:3708(d). Dec. 9, 1985, Pub. L. 99–172,
§ 5, 99 Stat. 1021. § 8, 99 Stat. 1021.
50107(b) ...... 36:3708(c).
50107(c) ...... 36:3708(a).
50107(d) ...... 36:3708(b).
§ 50105. Governing body 50107(e) ...... 36:3708(e).

(a) BOARD OF DIRECTORS.—The board of direc- This subsection is substituted for the source provi-
tors and the responsibilities of the board are as sions for consistency in the revised title and to elimi-
provided in the articles of incorporation. nate unnecessary words.
(b) OFFICERS.—The officers and the election of
§ 50108. Duty to maintain tax-exempt status
officers are as provided in the articles of incor-
poration. The corporation shall maintain its status as
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1342.) an organization exempt from taxation under the
Internal Revenue Code of 1986 (26 U.S.C. 1 et
HISTORICAL AND REVISION NOTES seq.). If the corporation does not maintain that
status, the charter granted by this chapter ex-
Revised
Section Source (U.S. Code) Source (Statutes at Large) pires.
50105(a) ...... 36:3706. Dec. 9, 1985, Pub. L. 99–172, (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1343.)
§§ 6, 7, 99 Stat. 1021.
50105(b) ...... 36:3707. HISTORICAL AND REVISION NOTES

The words ‘‘and in conformity with the laws of the Revised Source (U.S. Code) Source (Statutes at Large)
State or States in which it is incorporated’’ are omit- Section
ted as unnecessary. 50108 .......... 36:3714. Dec. 9, 1985, Pub. L. 99–172,
§ 15, 99 Stat. 1022.

§ 50106. Powers
§ 50109. Records and inspection
The corporation has only the powers provided
(a) RECORDS.—The corporation shall keep—
in its bylaws and articles of incorporation filed
(1) correct and complete records of account;
in each State in which it is incorporated. (2) minutes of the proceedings of its mem-
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1342.) bers, board of directors, and committees hav-
Page 123 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 50302
AND ORGANIZATIONS

ing any of the authority of its board of direc- TERMINATION OF REPORTING REQUIREMENTS
tors; and For termination, effective May 15, 2000, of reporting
(3) at its principal office, a record of the provisions in this section, see section 3003 of Pub. L.
names and addresses of its members entitled 104–66, as amended, set out as a note under section 1113
to vote. of Title 31, Money and Finance, and page 200 of House
Document No. 103–7.
(b) INSPECTION.—A member entitled to vote, or
an agent or attorney of the member, may in-
spect the records of the corporation for any CHAPTER 503—DISABLED AMERICAN
proper purpose, at any reasonable time. VETERANS

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1343.) Sec.


50301. Organization.
HISTORICAL AND REVISION NOTES 50302. Purposes.
50303. Membership.
Revised Source (U.S. Code) Source (Statutes at Large) 50304. Powers.
Section
50305. Exclusive right to name.
50109 .......... 36:3710. Dec. 9, 1985, Pub. L. 99–172, 50306. Restrictions.
§ 10, 99 Stat. 1022. 50307. Service of process.
50308. Annual report.
The word ‘‘records’’ is substituted for ‘‘books and
records’’ for consistency in the revised title and with
other titles of the United States Code. The words § 50301. Organization
‘‘Nothing in this section shall be construed to con-
travene any applicable State law’’ are omitted as un-
(a) FEDERAL CHARTER.—Disabled American
necessary. Veterans (in this chapter, the ‘‘corporation’’) is
a federally chartered corporation.
§ 50110. Service of process (b) PERPETUAL EXISTENCE.—Except as other-
wise provided, the corporation has perpetual ex-
The corporation shall comply with the law on istence.
service of process of each State in which it is in-
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1343.)
corporated and each State in which it carries on
activities. HISTORICAL AND REVISION NOTES
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1343.) Revised
Section Source (U.S. Code) Source (Statutes at Large)
HISTORICAL AND REVISION NOTES
50301(a) ...... 36:90a. June 17, 1932, ch. 268, § 1, 47
Revised Stat. 320; July 15, 1942, ch.
Section Source (U.S. Code) Source (Statutes at Large) 505, § 1, 56 Stat. 659.
36:90b. June 17, 1932, ch. 268, §§ 2, 4
50110 .......... 36:3704. Dec. 9, 1985, Pub. L. 99–172, (related to perpetual suc-
§ 4, 99 Stat. 1021. cession), 47 Stat. 320, 321.
50301(b) ...... 36:90d (related to
perpetual succes-
The words ‘‘in furtherance of its corporate purposes’’ sion).
are omitted as unnecessary.
This section is substituted for the source provisions
for consistency in the revised title and to eliminate ex-
§ 50111. Liability for acts of officers and agents
ecuted and unnecessary words.
The corporation is liable for the acts of its of-
ficers and agents acting within the scope of § 50302. Purposes
their authority.
The purposes of the corporation are—
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1343.) (1) to uphold and maintain the Constitution
HISTORICAL AND REVISION NOTES and laws of the United States;
(2) to realize the true American ideals and
Revised aims for which those eligible to membership
Section Source (U.S. Code) Source (Statutes at Large)
fought;
50111 .......... 36:3709. Dec. 9, 1985, Pub. L. 99–172, (3) to advance the interests, and work for the
§ 9, 99 Stat. 1022.
betterment, of all wounded, injured, and dis-
abled American veterans;
§ 50112. Annual report (4) to cooperate with the Department of Vet-
erans Affairs and all other public and private
The corporation shall submit an annual report agencies devoted to the cause of improving
to Congress on the activities of the corporation and advancing the condition, health, and in-
during the prior fiscal year. The report shall be terests of all wounded, injured, and disabled
submitted at the same time as the report of the veterans;
audit required by section 10101 of this title. The (5) to stimulate a feeling of mutual devotion,
report may not be printed as a public document. helpfulness, and comradeship among all
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1343.) wounded, injured, and disabled veterans;
(6) to serve our comrades, our communities,
HISTORICAL AND REVISION NOTES
and our country; and
Revised (7) to encourage in all people that spirit of
Source (U.S. Code) Source (Statutes at Large)
Section understanding which will guard against future
50112 .......... 36:3711. Dec. 9, 1985, Pub. L. 99–172, wars.
§ 12, 99 Stat. 1022.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1343.)
§ 50303 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 124
AND ORGANIZATIONS

HISTORICAL AND REVISION NOTES HISTORICAL AND REVISION NOTES

Revised Revised
Section Source (U.S. Code) Source (Statutes at Large) Section Source (U.S. Code) Source (Statutes at Large)

50302 .......... 36:90c. June 17, 1932, ch. 268, § 3, 47 50304 .......... 36:90d (less perpet- June 17, 1932, ch. 268, §§ 4
Stat. 320; July 15, 1942, ch. ual succession). (less perpetual succes-
505, § 2, 56 Stat. 660; June sion), 7, 47 Stat. 321.
13, 1991, Pub. L. 102–54, 36:90g.
§ 13(n)(2), 105 Stat. 278.
In this section, the text of 36:90g is omitted as exe-
cuted and obsolete.
§ 50303. Membership In clause (1), the words ‘‘not inconsistent with the
laws of the United States or any State’’ are omitted as
(a) ELIGIBILITY.—An individual is eligible for unnecessary.
membership in the corporation if the individ- In clause (2), the words ‘‘at pleasure’’ are omitted for
ual— consistency in the revised title.
(1)(A) was wounded, gassed, injured, or dis- In clause (3), the words ‘‘adopt emblems and badges’’
are substituted for ‘‘to use in carrying out the purposes
abled in the line of duty during time of war
of the corporation such emblems and badges as it may
while in the service of the military or naval adopt’’ for consistency in the revised title and to elimi-
forces of the United States; and nate unnecessary words.
(B) was honorably discharged or separated In clause (4), the word ‘‘activities’’ is substituted for
from that service or is still in active service in ‘‘business’’ for consistency in the revised title.
the Armed Forces of the United States; or Clause (6) is substituted for ‘‘receive, hold, own, use,
(2)(A) was disabled while serving with any of and dispose of such real estate and personal property as
shall be necessary for its corporate purposes’’ for con-
the Armed Forces of a country associated with
sistency in the revised title and to eliminate unneces-
the United States as an ally during any of its sary words.
war periods; In clause (8), the words ‘‘in courts of law and equity’’
(B) is a citizen of the United States; and are omitted as unnecessary.
(C) was honorably discharged. In clause (9), the words ‘‘and things as may be’’ are
omitted as unnecessary.
(b) NO HONORARY MEMBERSHIPS.—An honorary
membership may not be granted. § 50305. Exclusive right to name
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1344.) The corporation and its State and local sub-
divisions have the exclusive right to use the
HISTORICAL AND REVISION NOTES
name ‘‘Disabled American Veterans’’.
Revised
Section Source (U.S. Code) Source (Statutes at Large) (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1344.)
50303 .......... 36:90e. June 17, 1932, ch. 268, § 5, 47 HISTORICAL AND REVISION NOTES
Stat. 321; July 15, 1942, ch.
505, § 3, 56 Stat. 660. Revised
Section Source (U.S. Code) Source (Statutes at Large)
In subsection (a), before clause (1), the words ‘‘An in-
50305 .......... 36:90h. June 17, 1932, ch. 268, § 8, 47
dividual’’ are substituted for ‘‘Any man or woman’’ and Stat. 321; July 15, 1942, ch.
‘‘Others’’ for consistency in the revised title and to 505, § 5, 56 Stat. 660.
eliminate unnecessary words. In clause (1), the words
‘‘either’’ and ‘‘of America’’ are omitted as unnecessary. The words ‘‘sole’’, ‘‘have and’’, and ‘‘in carrying out
In clause (2)(B), the words ‘‘citizen of the United its purposes’’ are omitted as unnecessary.
States’’ are substituted for ‘‘American citizens’’ for
consistency in the revised title and with other titles of § 50306. Restrictions
the United States Code. The corporation shall be nonpolitical and non-
sectarian, and may not promote the candidacy
§ 50304. Powers of an individual seeking public office.
The corporation may— (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1345.)
(1) adopt a constitution, bylaws, and regula- HISTORICAL AND REVISION NOTES
tions to carry out the purposes of the corpora-
tion; Revised Source (U.S. Code) Source (Statutes at Large)
Section
(2) adopt and alter a corporate seal;
(3) adopt emblems and badges; 50306 .......... 36:90f. June 17, 1932, ch. 268, § 6, 47
Stat. 321; July 15, 1942, ch.
(4) establish and maintain offices to conduct 505, § 4, 56 Stat. 660.
its activities;
(5) establish State and territorial organiza- The words ‘‘as an organization’’ are omitted as un-
tions and local chapter or post organizations; necessary.
(6) acquire, own, lease, encumber, and trans-
§ 50307. Service of process
fer property as necessary to carry out the pur-
poses of the corporation; As a condition to the exercise of any power or
(7) publish a newspaper and other publica- privilege granted by this chapter, the corpora-
tions devoted to the purposes of the corpora- tion shall file, with the secretary of state or
tion; other designated official of each State in which
(8) sue and be sued; and a chapter is organized, the name and address of
(9) do any other act necessary or proper to an agent in that State on whom legal process or
carry out the purposes of the corporation. demands against the corporation may be served.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1344.) (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1345.)
Page 125 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 60104
AND ORGANIZATIONS

HISTORICAL AND REVISION NOTES omitted as included in ‘‘the territories and possessions
of the United States’’.
Revised
Section Source (U.S. Code) Source (Statutes at Large)
§ 60102. Organization
50307 .......... 36:90j. June 17, 1932, ch. 268, § 10, 47
Stat. 321; July 15, 1942, ch. (a) FEDERAL CHARTER.—82nd Airborne Division
505, § 7, 56 Stat. 660. Association, Incorporated (in this chapter, the
‘‘corporation’’), a nonprofit corporation incor-
The words ‘‘precedent’’, ‘‘herein’’, and ‘‘or conferred’’ porated in Illinois, is a federally chartered cor-
are omitted as unnecessary. The words ‘‘with the sec-
poration.
retary of state or other designated official’’ are sub-
stituted for ‘‘in the office of the secretary’’ for consist- (b) EXPIRATION OF CHARTER.—If the corpora-
ency in the revised title. The words ‘‘post-office’’ and tion does not comply with any provision of this
‘‘authorized’’ are omitted as unnecessary. chapter, the charter granted by this chapter ex-
pires.
§ 50308. Annual report
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1345.)
Not later than January 1 of each year, the cor-
poration shall submit a report to Congress on HISTORICAL AND REVISION NOTES
the activities of the corporation during the prior Revised Source (U.S. Code) Source (Statutes at Large)
fiscal year. Section

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1345.) 60102(a) ...... 36:4801. Nov. 5, 1990, Pub. L. 101–510,
title XVI, §§ 1601, 1616, 104
Stat. 1736, 1738.
HISTORICAL AND REVISION NOTES 60102(b) ...... 36:4815.
Revised Source (U.S. Code) Source (Statutes at Large)
Section Subsection (a) is substituted for the source provision
for consistency in the revised title.
50308 .......... 36:90i. June 17, 1932, ch. 268, § 9, 47 In subsection (b), the words ‘‘restrictions or’’ are
Stat. 321; July 15, 1942, ch.
505, § 6, 56 Stat. 660; Aug. omitted as unnecessary.
30, 1964, Pub. L. 88–504,
§ 4(8), 78 Stat. 636; Dec. 18, § 60103. Purposes
1967, Pub. L. 90–208, § 1, 81
Stat. 655; May 21, 1984, The purposes of the corporation are as pro-
Pub. L. 98–291, 98 Stat. 203.
vided in the articles of incorporation and in-
The word ‘‘activities’’ is substituted for ‘‘proceed- clude—
ings’’ for consistency in the revised title. (1) perpetuating the memory of members of
the 82nd Airborne Division who fought and
TERMINATION OF REPORTING REQUIREMENTS
died for this country;
For termination, effective May 15, 2000, of reporting (2) furthering the common bond between re-
provisions in this section, see section 3003 of Pub. L. tired and active members of the 82nd Airborne
104–66, as amended, set out as a note under section 1113 Division;
of Title 31, Money and Finance, and page 200 of House
Document No. 103–7.
(3) providing educational assistance in the
form of college scholarships and grants to the
CHAPTER 601—82ND AIRBORNE DIVISION qualified children of current and former mem-
ASSOCIATION, INCORPORATED bers of the 82nd Airborne Division;
(4) promoting civic and patriotic activities;
Sec.
and
60101. Definition.
60102. Organization.
(5) promoting the indispensable role of air-
60103. Purposes. borne defense to the national security of the
60104. Membership. United States.
60105. Governing body. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1345.)
60106. Powers.
60107. Restrictions. HISTORICAL AND REVISION NOTES
60108. Duty to maintain tax-exempt status.
60109. Records and inspection. Revised Source (U.S. Code) Source (Statutes at Large)
60110. Service of process. Section
60111. Liability for acts of officers and agents. 60103 .......... 36:4803. Nov. 5, 1990, Pub. L. 101–510,
60112. Annual report. title XVI, § 1603, 104 Stat.
1736.
§ 60101. Definition
Before clause (1), the word ‘‘objects’’ is omitted as in-
For purposes of this chapter, ‘‘State’’ includes cluded in ‘‘purposes’’.
the District of Columbia and the territories and
possessions of the United States. § 60104. Membership

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1345.) (a) ELIGIBILITY.—Except as provided in this
chapter, eligibility for membership in the cor-
HISTORICAL AND REVISION NOTES poration and the rights and privileges of mem-
Revised
bers are as provided in the constitution and by-
Section Source (U.S. Code) Source (Statutes at Large) laws of the corporation.
60101 .......... 36:4813. Nov. 5, 1990, Pub. L. 101–510,
(b) NONDISCRIMINATION.—The terms of mem-
title XVI, § 1614, 104 Stat. bership may not discriminate on the basis of
1738. race, color, religion, sex, disability, or national
origin.
The words ‘‘the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands’’ are (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1346.)
§ 60105 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 126
AND ORGANIZATIONS

HISTORICAL AND REVISION NOTES inure to the benefit of, or be distributed to, a di-
rector, officer, or member during the life of the
Revised
Section Source (U.S. Code) Source (Statutes at Large) charter granted by this chapter. This subsection
does not prevent the payment of reasonable
60104(a) ...... 36:4805(a). Nov. 5, 1990, Pub. L. 101–510,
title XVI, § 1605(a), (b) (re- compensation to an officer or reimbursement for
lated to discrimination in actual and necessary expenses in amounts ap-
membership), 104 Stat.
1737. proved by the board of directors.
60104(b) ...... 36:4805(b) (related to (d) LOANS.—The corporation may not make a
discrimination in
membership). loan to a director, officer, or employee.
(e) CLAIM OF GOVERNMENTAL APPROVAL OR AU-
In subsection (a), the words ‘‘Except as provided in THORIZATION.—The corporation may not claim
this chapter’’ are substituted for ‘‘Subject to sub- congressional approval or the authority of the
section (b) of this section’’ for consistency in the re- United States Government for any of its activi-
vised title. ties.
§ 60105. Governing body (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1346.)
(a) BOARD OF DIRECTORS.—The board of direc- HISTORICAL AND REVISION NOTES
tors and the responsibilities of the board are as
provided in the articles of incorporation. Revised
Section Source (U.S. Code) Source (Statutes at Large)
(b) OFFICERS.—The officers and the election of
officers are as provided in the articles of incor- 60107(a) ...... 36:4808(d). Nov. 5, 1990, Pub. L. 101–510,
title XVI, § 1608, 104 Stat.
poration. 1737.
(c) NONDISCRIMINATION.—The requirements for 60107(b) ...... 36:4808(c).
60107(c) ...... 36:4808(a).
holding office in the corporation may not dis- 60107(d) ...... 36:4808(b).
criminate on the basis of race, color, religion, 60107(e) ...... 36:4808(e).
sex, disability, or national origin.
In subsection (a), the words ‘‘any shares of’’ are omit-
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1346.) ted as unnecessary.
In subsection (b), the words ‘‘as such’’ are substituted
HISTORICAL AND REVISION NOTES for ‘‘acting as such officer or director’’ for consistency
in the revised title. The word ‘‘otherwise’’ is omitted as
Revised
Section Source (U.S. Code) Source (Statutes at Large) unnecessary.

60105(a) ...... 36:4806. Nov. 5, 1990, Pub. L. 101–510, § 60108. Duty to maintain tax-exempt status
title XVI, §§ 1605(b) (relat-
ed to discrimination in The corporation shall maintain its status as
holding office), 1606, 1607,
104 Stat. 1737. an organization exempt from taxation under the
60105(b) ...... 36:4807. Internal Revenue Code of 1986 (26 U.S.C. 1 et
60105(c) ...... 36:4805(b) (related to
discrimination in seq.).
holding office).
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1346.)
In subsections (a) and (b), the words ‘‘and shall be in
HISTORICAL AND REVISION NOTES
conformity with the laws of the State or States in
which it is incorporated’’ are omitted as unnecessary. Revised
Section Source (U.S. Code) Source (Statutes at Large)
§ 60106. Powers
60108 .......... 36:4814. Nov. 5, 1990, Pub. L. 101–510,
The corporation has only the powers provided title XVI, § 1615, 104 Stat.
1738.
in its bylaws and articles of incorporation filed
in each State in which it is incorporated. § 60109. Records and inspection
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1346.)
(a) RECORDS.—The corporation shall keep—
HISTORICAL AND REVISION NOTES (1) correct and complete records of account;
(2) minutes of the proceedings of its mem-
Revised
Section Source (U.S. Code) Source (Statutes at Large) bers, board of directors, and committees hav-
ing any of the authority of its board of direc-
60106 .......... 36:4802. Nov. 5, 1990, Pub. L. 101–510,
title XVI, § 1602, 104 Stat. tors; and
1736. (3) at its principal office, a record of the
names and addresses of its members entitled
The words ‘‘and subject to the laws of such State or to vote.
States’’ are omitted as unnecessary.
(b) INSPECTION.—A member entitled to vote, or
§ 60107. Restrictions an agent or attorney of the member, may in-
(a) STOCK AND DIVIDENDS.—The corporation spect the records of the corporation for any
may not issue stock or declare or pay a divi- proper purpose, at any reasonable time.
dend. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1346.)
(b) POLITICAL ACTIVITIES.—The corporation or
a director or officer as such may not contribute HISTORICAL AND REVISION NOTES
to, support, or participate in any political activ- Revised Source (U.S. Code) Source (Statutes at Large)
ity or in any manner attempt to influence legis- Section
lation. 60109 .......... 36:4810. Nov. 5, 1990, Pub. L. 101–510,
(c) DISTRIBUTION OF INCOME OR ASSETS.—The title XVI, § 1610, 104 Stat.
1737.
income or assets of the corporation may not
Page 127 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 70103
AND ORGANIZATIONS

The word ‘‘records’’ is substituted for ‘‘books and Sec.


records’’ for consistency in the revised title and with 70110. Service of process.
other titles of the United States Code. 70111. Liability for acts of officers and agents.
70112. Annual report.
§ 60110. Service of process
§ 70101. Definition
The corporation shall comply with the law on
service of process of each State in which it is in- For purposes of this chapter, ‘‘State’’ includes
corporated and each State in which it carries on the District of Columbia and the territories and
activities. possessions of the United States.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1347.) (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1347.)

HISTORICAL AND REVISION NOTES HISTORICAL AND REVISION NOTES

Revised Source (U.S. Code) Source (Statutes at Large)


Revised Source (U.S. Code) Source (Statutes at Large) Section
Section
70101 .......... 36:5615. Sept. 23, 1996, Pub. L.
60110 .......... 36:4804. Nov. 5, 1990, Pub. L. 101–510, 104–201, title XVIII, § 1816,
title XVI, § 1604, 104 Stat. 110 Stat. 2762.
1737.

The words ‘‘in furtherance of its corporate purposes’’ The words ‘‘the Commonwealth of Puerto Rico, the
are omitted as unnecessary. Commonwealth of the Northern Mariana Islands’’ are
omitted as included in ‘‘the territories and possessions
§ 60111. Liability for acts of officers and agents of the United States’’.

The corporation is liable for the acts of its of- § 70102. Organization
ficers and agents acting within the scope of (a) FEDERAL CHARTER.—Fleet Reserve Associa-
their authority. tion (in this chapter, the ‘‘corporation’’), a non-
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1347.) profit corporation incorporated in Pennsylvania,
is a federally chartered corporation.
HISTORICAL AND REVISION NOTES (b) EXPIRATION OF CHARTER.—If the corpora-
Revised tion does not comply with any provision of this
Source (U.S. Code) Source (Statutes at Large)
Section chapter, the charter granted by this chapter ex-
60111 .......... 36:4809. Nov. 5, 1990, Pub. L. 101–510, pires.
title XVI, § 1609, 104 Stat.
1737. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1347; Pub.
L. 106–398, § 1 [[div. A], title X, § 1087(g)(4)], Oct.
§ 60112. Annual report 30, 2000, 114 Stat. 1654, 1654A–294.)

The corporation shall submit an annual report HISTORICAL AND REVISION NOTES
to Congress on the activities of the corporation Revised
Source (U.S. Code) Source (Statutes at Large)
during the prior fiscal year. The report shall be Section
submitted at the same time as the report of the 70102(a) ...... 36:5601. Sept. 23, 1996, Pub. L.
audit required by section 10101 of this title. The 104–201, title XVIII, §§ 1801,
1814 (related to termi-
report may not be printed as a public document. nation of charter), 1815,
110 Stat. 2760, 2762.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1347.) 70102(b) ...... 36:5613 (related to
termination of
HISTORICAL AND REVISION NOTES charter).
36:5614.
Revised Source (U.S. Code) Source (Statutes at Large)
Section This section is substituted for the source provisions
60112 .......... 36:4811. Nov. 5, 1990, Pub. L. 101–510, for consistency in the revised title and to eliminate un-
title XVI, § 1612, 104 Stat. necessary words.
1738.
AMENDMENTS
TERMINATION OF REPORTING REQUIREMENTS 2000—Subsec. (a). Pub. L. 106–398 substituted ‘‘Penn-
sylvania’’ for ‘‘Delaware’’.
For termination, effective May 15, 2000, of reporting
provisions in this section, see section 3003 of Pub. L. § 70103. Purposes
104–66, as amended, set out as a note under section 1113
of Title 31, Money and Finance, and page 196 of House (a) GENERAL.—The purposes of the corporation
Document No. 103–7. are as provided in its articles of incorporation
and bylaws and include—
CHAPTER 701—FLEET RESERVE
(1) upholding and defending the Constitution
ASSOCIATION
of the United States;
Sec. (2) aiding and maintaining an adequate
70101. Definition. naval defense for the United States;
70102. Organization. (3) assisting the recruitment of the best per-
70103. Purposes. sonnel available for the United States Navy,
70104. Membership. United States Marine Corps, and United States
70105. Governing body.
70106. Powers.
Coast Guard;
70107. Restrictions. (4) providing for the welfare of the personnel
70108. Duty to maintain corporate and tax-exempt who serve in the United States Navy, United
status. States Marine Corps, and United States Coast
70109. Records and inspection. Guard;
§ 70104 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 128
AND ORGANIZATIONS

(5) continuing to loyally serve the United tions of membership in the association’’ for consistency
States Navy, United States Marine Corps, and in the revised title and to eliminate unnecessary words.
United States Coast Guard; § 70105. Governing body
(6) preserving the spirit of shipmanship by
providing assistance to shipmates and their (a) BOARD OF DIRECTORS.—The board of direc-
families; and tors and the responsibilities of the board are as
(7) instilling love of the United States and provided in the bylaws and articles of incorpora-
its flag, and promoting soundness of mind and tion.
body, in the youth of the United States. (b) OFFICERS.—The officers and the election of
officers are as provided in the bylaws and arti-
(b) CORPORATE FUNCTION.—The corporation
cles of incorporation.
shall function as an educational, patriotic, civic,
(c) NONDISCRIMINATION.—The requirements for
historical, and research organization under the
serving as a director or officer may not discrimi-
laws of Delaware.
nate on the basis of race, color, religion, sex,
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1347; Pub. disability, age, or national origin.
L. 105–354, § 1(7), Nov. 3, 1998, 112 Stat. 3244.)
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1348.)
HISTORICAL AND REVISION NOTES
HISTORICAL AND REVISION NOTES
PUB. L. 105–225
Revised Source (U.S. Code) Source (Statutes at Large)
Revised Source (U.S. Code) Source (Statutes at Large) Section
Section
70105(a) ...... 36:5606. Sept. 23, 1996, Pub. L.
70103(a) ...... 36:5603. Sept. 23, 1996, Pub. L. 104–201, title XVIII, §§ 1806,
104–201, title XVIII, §§ 1803, 1807, 1808(g) (related to di-
1808(f), 110 Stat. 2760, 2761. rectors and officers), 110
70103(b) ...... 36:5608(f). Stat. 2761.
70105(b) ...... 36:5607.
70105(c) ...... 36:5608(g) (related to
PUB. L. 105–354 directors and offi-
cers).
This amends section 70103(b) of title 36 to correct an
inconsistency in the revised title. In subsections (a) and (b), the words ‘‘and in conform-
AMENDMENTS ity with the laws of the State of Delaware’’ are omitted
as unnecessary.
1998—Subsec. (b). Pub. L. 105–354 struck out ‘‘the In subsection (c), the words ‘‘The requirements for
State of’’ before ‘‘Delaware’’. serving as a director or officer’’ are substituted for ‘‘in
determining the requirements for serving on the board
TRANSFER OF FUNCTIONS
of directors or as an officer of the association’’ for con-
For transfer of authorities, functions, personnel, and sistency in the revised title and to eliminate unneces-
assets of the Coast Guard, including the authorities sary words.
and functions of the Secretary of Transportation relat-
ing thereto, to the Department of Homeland Security, § 70106. Powers
and for treatment of related references, see sections
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu-
The corporation has only the powers provided
rity, and the Department of Homeland Security Reor- in its bylaws and articles of incorporation filed
ganization Plan of November 25, 2002, as modified, set in each State in which it is incorporated.
out as a note under section 542 of Title 6. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1348.)
§ 70104. Membership HISTORICAL AND REVISION NOTES
(a) ELIGIBILITY.—Except as provided in this Revised Source (U.S. Code) Source (Statutes at Large)
chapter, eligibility for membership in the cor- Section
poration and the rights and privileges of mem- 70106 .......... 36:5602. Sept. 23, 1996, Pub. L.
bers are as provided in the articles of incorpora- 104–201, title XVIII, § 1802,
110 Stat. 2760.
tion and bylaws.
(b) NONDISCRIMINATION.—The terms of mem- The words ‘‘each State in which it is incorporated’’
bership may not discriminate on the basis of are substituted for ‘‘the State of Delaware’’ for consist-
race, color, religion, sex, disability, age, or na- ency in the revised title. The words ‘‘and subject to the
tional origin. laws of such State’’ are omitted as unnecessary.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1348.) § 70107. Restrictions
HISTORICAL AND REVISION NOTES (a) STOCK AND DIVIDENDS.—The corporation
Revised
may not issue stock or declare or pay a divi-
Section Source (U.S. Code) Source (Statutes at Large) dend.
(b) DISTRIBUTION OF INCOME OR ASSETS.—The
70104(a) ...... 36:5605. Sept. 23, 1996, Pub. L.
104–201, title XVIII, §§ 1805, income or assets of the corporation may not
1808(g) (related to mem- inure to the benefit of, or be distributed to, a di-
bership), 110 Stat. 2761.
70104(b) ...... 36:5608(g) (related to rector, officer, or member during the life of the
membership). charter granted by this chapter. This subsection
does not prevent the payment of reasonable
In subsection (a), the words ‘‘Except as provided in
compensation to an officer or employee or reim-
this chapter’’ are substituted for ‘‘Except as provided
in section 5608(g) of this title’’ for consistency in the bursement for actual necessary expenses in
revised title. amounts approved by the board of directors.
In subsection (b), the words ‘‘The terms of member- (c) LOANS.—The corporation may not make a
ship’’ are substituted for ‘‘In establishing the condi- loan to a director, officer, employee, or member.
Page 129 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 70112
AND ORGANIZATIONS

(d) CLAIM OFGOVERNMENTAL APPROVAL OR AU- HISTORICAL AND REVISION NOTES


THORITY.—The corporation may not claim con-
Revised
gressional approval or the authority of the Section Source (U.S. Code) Source (Statutes at Large)
United States Government for any of its activi-
70109 .......... 36:5610. Sept. 23, 1996, Pub. L.
ties. 104–201, title XVIII, § 1810,
110 Stat. 2762.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1348.)
HISTORICAL AND REVISION NOTES The word ‘‘records’’ is substituted for ‘‘books and
records’’ for consistency in the revised title and with
Revised other titles of the United States Code. The words ‘‘This
Source (U.S. Code) Source (Statutes at Large)
Section section may not be construed to contravene any appli-
cable State law’’ are omitted as unnecessary.
70107(a) ...... 36:5608(c). Sept. 23, 1996, Pub. L.
104–201, title XVIII,
§ 1808(a)–(d), 110 Stat. 2761. § 70110. Service of process
70107(b) ...... 36:5608(a).
70107(c) ...... 36:5608(b). The corporation shall comply with the law on
70107(d) ...... 36:5608(d).
service of process of each State in which it is in-
In subsection (a), the words ‘‘any shares of’’ are omit- corporated and each State in which it carries on
ted as unnecessary. activities.
In subsection (b), the words ‘‘This subsection does
not’’ are substituted for ‘‘Nothing in this subsection
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1349.)
may be construed to’’ for consistency in the revised HISTORICAL AND REVISION NOTES
title.
In subsection (d), the words ‘‘by virtue of this chap- Revised Source (U.S. Code) Source (Statutes at Large)
ter’’ are omitted as unnecessary. Section

70110 .......... 36:5604. Sept. 23, 1996, Pub. L.


§ 70108. Duty to maintain corporate and tax-ex- 104–201, title XVIII, § 1804,
empt status 110 Stat. 2761.

(a) CORPORATE STATUS.—The corporation shall The words ‘‘each State in which it is incorporated’’
maintain its status as a corporation incor- are substituted for ‘‘the State of Delaware’’ for consist-
porated under the laws of Pennsylvania. ency in the revised title.
(b) TAX-EXEMPT STATUS.—The corporation
shall maintain its status as an organization ex- § 70111. Liability for acts of officers and agents
empt from taxation under the Internal Revenue The corporation is liable for the acts of its of-
Code of 1986 (26 U.S.C. 1 et seq.). ficers and agents acting within the scope of
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1348; Pub. their authority.
L. 106–398, § 1 [[div. A], title X, § 1087(g)(4)], Oct. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1349.)
30, 2000, 114 Stat. 1654, 1654A–294.)
HISTORICAL AND REVISION NOTES
HISTORICAL AND REVISION NOTES
Revised
Section Source (U.S. Code) Source (Statutes at Large)
Revised Source (U.S. Code) Source (Statutes at Large)
Section
70111 .......... 36:5609. Sept. 23, 1996, Pub. L.
70108(a) ...... 36:5608(e). Sept. 23, 1996, Pub. L. 104–201, title XVIII, § 1809,
104–201, title XVIII, 110 Stat. 2762.
§§ 1808(e), 1814 (related to
duty to maintain status),
110 Stat. 2761, 2762. The words ‘‘officers and agents’’ are substituted for
70108(b) ...... 36:5613 (related to ‘‘officers, directors, employees, and agents’’ for consist-
duty to maintain ency in the revised title and to eliminate unnecessary
status).
words.
In subsection (a), the words ‘‘organized and’’ and ‘‘the § 70112. Annual report
State of’’ are omitted as unnecessary.
AMENDMENTS The corporation shall submit an annual report
to Congress on the activities of the corporation
2000—Subsec. (a). Pub. L. 106–398 substituted ‘‘Penn- during the prior fiscal year. The report shall be
sylvania’’ for ‘‘Delaware’’.
submitted at the same time as the report of the
§ 70109. Records and inspection audit required by section 10101 of this title. The
report may not be printed as a public document.
(a) RECORDS.—The corporation shall keep—
(1) correct and complete records of account; (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1349.)
(2) minutes of the proceedings of its mem- HISTORICAL AND REVISION NOTES
bers, board of directors, and committees hav-
ing any of the authority of its board of direc- Revised
Source (U.S. Code) Source (Statutes at Large)
Section
tors; and
(3) at its principal office, a record of the 70112 .......... 36:5611. Sept. 23, 1996, Pub. L.
104–201, title XVIII, § 1812,
names and addresses of its members entitled 110 Stat. 2762.
to vote.
(b) INSPECTION.—A member entitled to vote, or CHAPTER 703—FORMER MEMBERS OF
an agent or attorney of the member, may in- CONGRESS
spect the records of the corporation for any
Sec.
proper purpose, at any reasonable time.
70301. Definition.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1349.) 70302. Organization.
§ 70301 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 130
AND ORGANIZATIONS

Sec. The word ‘‘objects’’ is omitted as included in ‘‘pur-


70303. Purposes. poses’’.
70304. Membership.
70305. Governing body. § 70304. Membership
70306. Powers.
70307. Restrictions. Eligibility for membership in the corporation
70308. Duty to maintain tax-exempt status. and the rights and privileges of members are as
70309. Records and inspection. provided in the bylaws.
70310. Service of process.
70311. Liability for acts of officers and agents. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1350.)
70312. Annual report.
HISTORICAL AND REVISION NOTES
§ 70301. Definition
Revised
For purposes of this chapter, ‘‘State’’ includes Section Source (U.S. Code) Source (Statutes at Large)
the District of Columbia and the territories and
70304 .......... 36:2205. Jan. 8, 1983, Pub. L. 97–427,
possessions of the United States. § 5, 96 Stat. 2265.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1349.)
§ 70305. Governing body
HISTORICAL AND REVISION NOTES
(a) BOARD OF DIRECTORS.—The board of direc-
Revised
Source (U.S. Code) Source (Statutes at Large) tors and the responsibilities of the board are as
Section
provided in the articles of incorporation.
70301 .......... 36:2213. Jan. 8, 1983, Pub. L. 97–427, (b) OFFICERS.—The officers and the election of
§ 14, 96 Stat. 2267.
officers are as provided in the articles of incor-
The words ‘‘the Commonwealth of Puerto Rico’’ are poration.
omitted as included in ‘‘the territories and possessions (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1350.)
of the United States’’.
HISTORICAL AND REVISION NOTES
§ 70302. Organization
Revised Source (U.S. Code) Source (Statutes at Large)
(a) FEDERAL CHARTER.—Former Members of Section
Congress (in this chapter, the ‘‘corporation’’), a 70305(a) ...... 36:2206. Jan. 8, 1983, Pub. L. 97–427,
nonprofit corporation incorporated in the Dis- §§ 6, 7, 96 Stat. 2265.
trict of Columbia, is a federally chartered cor- 70305(b) ...... 36:2207.
poration. The words ‘‘and in conformity with the laws of the
(b) EXPIRATION OF CHARTER.—If the corpora- State or States in which it is incorporated’’ in 36:2206
tion does not comply with any provision of this and ‘‘and in conformity with the laws of the State or
chapter, the charter granted by this chapter ex- States wherein it is incorporated’’ in 36:2207 are omit-
pires. ted as unnecessary.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1349.) § 70306. Powers
HISTORICAL AND REVISION NOTES The corporation has only the powers provided
Revised
in its bylaws and articles of incorporation filed
Section Source (U.S. Code) Source (Statutes at Large) in each State in which it is incorporated.
70302(a) ...... 36:2201. Jan. 8, 1983, Pub. L. 97–427, (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1350.)
§§ 1, 15 (last sentence), 16,
96 Stat. 2265, 2267. HISTORICAL AND REVISION NOTES
70302(b) ...... 36:2214 (last sen-
tence).
36:2215. Revised Source (U.S. Code) Source (Statutes at Large)
Section
Subsection (a) is substituted for the source provision 70306 .......... 36:2202. Jan. 8, 1983, Pub. L. 97–427,
for consistency in the revised title. § 2, 96 Stat. 2265.
In subsection (b), the words ‘‘restrictions or’’ are
omitted as unnecessary. The words ‘‘and subject to the laws of such State of
States’’ are omitted as unnecessary.
§ 70303. Purposes
§ 70307. Restrictions
The purposes of the corporation are as pro-
vided in the articles of incorporation and in- (a) STOCK AND DIVIDENDS.—The corporation
clude the promotion of the cause of good govern- may not issue stock or declare or pay a divi-
ment at the national level by improving the dend.
public understanding of Congress as an institu- (b) POLITICAL ACTIVITIES.—The corporation or
tion and strengthening its support by the public. a director or officer as such may not contribute
The corporation shall function as an edu- to, support, or participate in any political activ-
cational, patriotic, civic, historical, and re- ity or in any manner attempt to influence legis-
search organization as authorized by the laws of lation.
each State in which it is incorporated. (c) DISTRIBUTION OF INCOME OR ASSETS.—The
income or assets of the corporation may not
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1349.) inure to the benefit of, or be distributed to, a di-
HISTORICAL AND REVISION NOTES rector, officer, or member during the life of the
charter granted by this chapter. This subsection
Revised Source (U.S. Code) Source (Statutes at Large) does not prevent the payment of reasonable
Section
compensation to an officer or reimbursement for
70303 .......... 36:2203. Jan. 8, 1983, Pub. L. 97–427, actual necessary expenses in amounts approved
§ 3, 96 Stat. 2265.
by the board of directors.
Page 131 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 70501
AND ORGANIZATIONS

(d) LOANS.—The corporation may not make a § 70310. Service of process


loan to a director, officer, or employee.
The corporation shall comply with the law on
(e) CLAIM OF GOVERNMENTAL APPROVAL OR AU-
service of process of each State in which it is in-
THORIZATION.—The corporation may not claim
corporated and each State in which it carries on
congressional approval or the authority of the
activities.
United States Government for any of its activi-
ties. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1351.)
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1350.) HISTORICAL AND REVISION NOTES
HISTORICAL AND REVISION NOTES Revised
Section Source (U.S. Code) Source (Statutes at Large)
Revised
Section Source (U.S. Code) Source (Statutes at Large) 70310 .......... 36:2204. Jan. 8, 1983, Pub. L. 97–427,
§ 4, 96 Stat. 2265.
70307(a) ...... 36:2208(d). Jan. 8, 1983, Pub. L. 97–427,
§ 8, 96 Stat. 2266.
70307(b) ...... 36:2208(c). § 70311. Liability for acts of officers and agents
70307(c) ...... 36:2208(a).
70307(d) ...... 36:2208(b). The corporation is liable for the acts of its of-
70307(e) ...... 36:2208(e).
ficers and agents acting within the scope of
In subsection (a), the words ‘‘any shares of’’ are omit- their authority.
ted as unnecessary. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1351.)
In subsection (b), the words ‘‘as such’’ are substituted
for ‘‘acting as such officer or director’’ for consistency HISTORICAL AND REVISION NOTES
in the revised title. The word ‘‘otherwise’’ is omitted as
unnecessary. Revised Source (U.S. Code) Source (Statutes at Large)
Section
In subsection (c), the words ‘‘inure to the benefit of’’
are substituted for ‘‘inure to’’ for consistency in the re- 70311 .......... 36:2209. Jan. 8, 1983, Pub. L. 97–427,
vised title. § 9, 96 Stat. 2266.

§ 70308. Duty to maintain tax-exempt status § 70312. Annual report


The corporation shall maintain its status as The corporation shall submit an annual report
an organization exempt from taxation under the to Congress on the activities of the corporation
Internal Revenue Code of 1986 (26 U.S.C. 1 et during the prior fiscal year. The report shall be
seq.). submitted at the same time as the report of the
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1350.) audit required by section 10101 of this title. The
report may not be printed as a public document.
HISTORICAL AND REVISION NOTES
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1351.)
Revised Source (U.S. Code) Source (Statutes at Large)
Section HISTORICAL AND REVISION NOTES
70308 .......... 36:2214 (1st sen- Jan. 8, 1983, Pub. L. 97–427, Revised
tence). § 15 (1st sentence), 96 Stat. Section Source (U.S. Code) Source (Statutes at Large)
2267.
70312 .......... 36:2211. Jan. 8, 1983, Pub. L. 97–427,
§ 12, 96 Stat. 2266.
§ 70309. Records and inspection
(a) RECORDS.—The corporation shall keep— TERMINATION OF REPORTING REQUIREMENTS
(1) correct and complete records of account; For termination, effective May 15, 2000, of reporting
(2) minutes of the proceedings of its mem- provisions in this section, see section 3003 of Pub. L.
bers, board of directors, and committees hav- 104–66, as amended, set out as a note under section 1113
ing any of the authority of its board of direc- of Title 31, Money and Finance, and page 200 of House
Document No. 103–7.
tors; and
(3) at its principal office, a record of the CHAPTER 705—THE FOUNDATION OF THE
names and addresses of its members entitled FEDERAL BAR ASSOCIATION
to vote.
Sec.
(b) INSPECTION.—A member entitled to vote, or 70501. Organization.
an agent or attorney of the member, may in- 70502. Purposes.
spect the records of the corporation for any 70503. Membership.
proper purpose, at any reasonable time. 70504. Governing body.
70505. Powers.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1350.) 70506. Exclusive right to name.
70507. Restrictions.
HISTORICAL AND REVISION NOTES 70508. Principal office.
70509. Records and inspection.
Revised Source (U.S. Code) Source (Statutes at Large) 70510. Service of process.
Section
70511. Liability for acts of officers and agents.
70309 .......... 36:2210. Jan. 8, 1983, Pub. L. 97–427, 70512. Deposit of assets on dissolution or final liq-
§ 10, 96 Stat. 2266. uidation.

In this section, the word ‘‘records’’ is substituted for § 70501. Organization


‘‘books and records’’ for consistency in the revised title
and with other titles of the United States Code. (a) FEDERAL CHARTER.—The Foundation of the
In subsection (a)(2), the words ‘‘having authority Federal Bar Association (in this chapter, the
under the board of directors’’ are omitted as unneces- ‘‘corporation’’) is a federally chartered corpora-
sary. tion.
§ 70502 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 132
AND ORGANIZATIONS

(b) PLACE OF INCORPORATION AND DOMICILE.— necessary. In subclause (D), the words ‘‘in jurispru-
The corporation is declared to be incorporated dence’’ are substituted for ‘‘therein’’ for clarity.
and domiciled in the District of Columbia. In clause (3), the words ‘‘any other acts’’ are sub-
(c) PERPETUAL EXISTENCE.—Except as other- stituted for ‘‘any and all things’’ for consistency in the
revised title.
wise provided, the corporation has perpetual ex-
istence. § 70503. Membership
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1351.)
(a) MEMBERS.—The members of the corpora-
HISTORICAL AND REVISION NOTES tion are—
(1) the members of the National Council of
Revised
Section Source (U.S. Code) Source (Statutes at Large) the Federal Bar Association, a nonprofit cor-
poration incorporated in the District of Co-
70501 .......... 36:571. Aug. 24, 1954, ch. 911, §§ 1, 2, lumbia, during their term of membership on
68 Stat. 795.
36:572. that Council; and
(2) other individuals the corporation pro-
This section is substituted for the source provisions vides for in the bylaws or otherwise.
for consistency in the revised title and to eliminate ex-
ecuted and unnecessary words. (b) VOTING.—Each member has one vote on
each matter submitted to a vote of the mem-
§ 70502. Purposes bers.
The purposes of the corporation are— (c) GROUNDS FOR DISQUALIFICATION.—An indi-
(1) to receive and hold property, including by vidual may not be a member, director, or officer
gift, devise, or grant, and to invest, admin- of the corporation if the individual—
ister, and dispose of the property without re- (1) is a member of, or advocates the prin-
strictions applicable to trustees or trust funds; ciples of, an organization believing in, or
(2) to apply its income and any part of its working for, the overthrow of the United
principal exclusively to educational, chari- States Government by force or violence; or
table, scientific, or literary purposes— (2) refuses to uphold and defend the Con-
(A) to advance the science of jurispru- stitution of the United States.
dence;
(B) to uphold high standards for the Fed- (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1352.)
eral judiciary and attorneys representing HISTORICAL AND REVISION NOTES
the United States Government;
(C) to promote and improve the adminis- Revised Source (U.S. Code) Source (Statutes at Large)
Section
tration of justice, including the study of
means for the improved handling of the legal 70503(a) ...... 36:576(a). Aug. 24, 1954, ch. 911, §§ 6, 16,
68 Stat. 798, 800.
business of the departments, agencies, and 70503(b) ...... 36:576(b).
instrumentalities of the Government; 70503(c) ...... 36:586.
(D) to facilitate the cultivation and diffu-
sion of knowledge and understanding of the In subsection (a), the words ‘‘the persons listed in
law and the promotion of the study of the section 571 of this title’’ and ‘‘hereafter’’ are omitted as
obsolete.
law and the science of jurisprudence and re- In subsection (b), the words ‘‘has one vote’’ are sub-
search in jurisprudence, through the mainte- stituted for ‘‘may cast one vote’’ for consistency in the
nance of a law library, the establishment of revised title.
seminars, lectures, and studies devoted to
the law, and the publication of addresses, es- § 70504. Governing body
says, treatises, reports, and other literary
(a) BOARD OF DIRECTORS.—(1) The board of di-
works by students, practitioners, and teach-
rectors is the governing body of the corporation.
ers of the law; and
(E) to provide for the acquisition, preser- The board may exercise, or provide for the exer-
vation, and exhibition of rare books and doc- cise of, the powers of the corporation.
uments, sculptures, paintings, and other ob- (2) The board shall consist of 12 individuals
jects of art and historical interest relating elected, and subject to removal at any time, by
to the law, the courts, and the legal profes- a majority vote of the members of the corpora-
sion; and tion. The term of office of an elected director is
6 years. A vacancy on the board shall be filled by
(3) to do any other acts necessary or incident a majority vote of the members of the corpora-
to the accomplishment of these purposes. tion.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1351.) (3) The board shall meet at least annually.
Each director has one vote on each matter de-
HISTORICAL AND REVISION NOTES cided by the board. The board may delegate its
Revised powers to a prudential committee subject to the
Source (U.S. Code) Source (Statutes at Large)
Section direction of, and reporting to, the board.
70502 .......... 36:573. Aug. 24, 1954, ch. 911, § 3, 68 (4) The president of the corporation is the
Stat. 797. chairman of the board and of the prudential
committee.
Before clause (1), the word ‘‘objects’’ is omitted as in- (b) OFFICERS.—(1) The officers of the corpora-
cluded in ‘‘purposes’’.
Clause (1) is substituted for 36:573(1) to eliminate un- tion are a president, a vice president, a sec-
necessary words. retary, a treasurer, a historian, and other offi-
In clause (2), the words ‘‘and if the corporation so de- cers provided for in the bylaws. The powers of
cides, all or’’ and ‘‘or any of them’’ are omitted as un- the officers are as provided in the bylaws.
Page 133 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 70507
AND ORGANIZATIONS

(2) The officers shall be elected by the board of ‘‘issue instruments of indebtedness, and secure its obli-
directors at its annual meeting. The term of of- gations by granting security interests in its property’’
fice of an officer is 1 year. are substituted for ‘‘issue bonds or other evidences of
indebtedness therefor, and secure the same by mort-
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1352.) gage or pledge’’ for consistency in the revised title. The
words ‘‘subject to applicable Federal or State laws’’ are
HISTORICAL AND REVISION NOTES omitted as unnecessary.
In clause (7), the words ‘‘complain and defend in any
Revised Source (U.S. Code) Source (Statutes at Large)
Section court of competent jurisdiction’’ are omitted as unnec-
essary.
70504(a) ...... 36:577. Aug. 24, 1954, ch. 911, §§ 7, 8, In clause (8), the words ‘‘any other act’’ are sub-
68 Stat. 798.
70504(b) ...... 36:578. stituted for ‘‘any and all acts’’ for consistency in the
revised title and to eliminate unnecessary words.
In subsection (a), the names of the directors for 1954
and the language about their initial terms are omitted
§ 70506. Exclusive right to name
as obsolete. In paragraph (2), the words ‘‘caused by ex- The corporation has the exclusive right to use
piration of the members’ terms or otherwise’’ are omit- the name ‘‘The Foundation of the Federal Bar
ted as unnecessary.
Association’’.
§ 70505. Powers (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1353.)
The corporation may— HISTORICAL AND REVISION NOTES
(1) adopt and amend bylaws for the manage-
ment of its property and the regulation of its Revised
Source (U.S. Code) Source (Statutes at Large)
Section
affairs;
(2) adopt and alter a corporate seal; 70506 .......... 36:587. Aug. 24, 1954, ch. 911, § 17, 68
(3) choose officers, managers, and agents as Stat. 800.
the activities of the corporation require;
(4) make contracts; § 70507. Restrictions
(5) acquire, own, lease, encumber, and trans- (a) STOCK AND DIVIDENDS.—The corporation
fer property as necessary to carry out the pur- may not issue stock or declare or pay a divi-
poses of the corporation; dend.
(6) borrow money, issue instruments of in- (b) POLITICAL ACTIVITIES.—(1) The activities,
debtedness, and secure its obligations by funds, income, and property of the corporation
granting security interests in its property; may not be used to carry on political activity or
(7) sue and be sued; and attempt to influence legislation.
(8) do any other act necessary and proper to (2) The corporation or a director or officer as
carry out the purposes of the corporation. such may not contribute to, support, or assist a
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1352.) political party or candidate for elective public
office.
HISTORICAL AND REVISION NOTES (c) DISTRIBUTION OF INCOME.—The income of
Revised the corporation may not inure to the benefit of
Source (U.S. Code) Source (Statutes at Large)
Section a director, officer, member, or private individ-
70505 .......... 36:574. Aug. 24, 1954, ch. 911, §§ 4, 18, ual.
68 Stat. 797, 800. (d) LOANS.—The corporation may not make a
36:588.
loan or advance to a director or officer. Direc-
In this section, the definition of ‘‘State’’ in 36:588 is tors and officers who vote for, assent to, or par-
omitted because the word ‘‘State’’ (which in the source ticipate in making a loan or advance to a direc-
provisions for this chapter only appears in 36:574) is not tor or officer are jointly and severally liable to
used in the revised chapter. the corporation for the amount of the loan or
In clause (1), the words ‘‘apply, and administer’’ and advance until it is repaid.
‘‘not inconsistent with the laws of the United States of (e) IMMUNITY FROM LIABILITY.—Members and
America or any State in which the corporation is to op- private individuals are not liable for the obliga-
erate’’ are omitted as unnecessary.
In clause (2), the word ‘‘use’’ is omitted as unneces-
tions of the corporation.
sary. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1353.)
In clause (3), the word ‘‘activities’’ is substituted for
‘‘business’’ for consistency in the revised title. HISTORICAL AND REVISION NOTES
In clause (4), the words ‘‘make contracts’’ are sub-
stituted for ‘‘contract and be contracted with’’ to Revised Source (U.S. Code) Source (Statutes at Large)
Section
eliminate unnecessary words.
Clause (5) is substituted for ‘‘take and hold by lease, 70507(a) ...... 36:582. Aug. 24, 1954, ch. 911, §§ 9, 10,
gift, purchase, grant, devise, bequest, or otherwise, any 12, 68 Stat. 799.
70507(b) ...... 36:580.
property, real or personal, or mixed, necessary for car- 70507(c) ...... 36:579(a) (words be-
rying into effect the purposes of the corporation’’ and fore last comma).
‘‘transfer, lease, or convey real or personal property’’ 70507(d) ...... 36:579(b).
70507(e) ...... 36:579(a) (words
for consistency in the revised title and to eliminate un- after last
necessary words. The words ‘‘subject to applicable pro- comma).
visions of law of any State (1) governing the amount or
kind of real and personal property which may be held In subsection (a), the words ‘‘any shares of’’ are omit-
by, or (2) otherwise limiting or controlling the owner- ted as unnecessary.
ship of real and personal property by, a corporation op- In subsection (b)(1), the words ‘‘directly or indi-
erating in such State’’ are omitted as unnecessary. rectly’’ are omitted as unnecessary.
In clause (6), the words ‘‘for the purposes of the cor- In subsection (c), the word ‘‘income’’ is substituted
poration’’ are omitted as unnecessary. The words for ‘‘net earnings’’ for consistency in the revised title.
§ 70508 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 134
AND ORGANIZATIONS

In subsection (d), the words ‘‘or advance’’ are added (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1354.)
in 2 places for consistency in the subsection.
HISTORICAL AND REVISION NOTES
§ 70508. Principal office
Revised Source (U.S. Code) Source (Statutes at Large)
The corporation shall have its principal office Section
in the District of Columbia, but may conduct its 70511 .......... 36:581. Aug. 24, 1954, ch. 911, § 11, 68
activities anywhere. Stat. 799.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1353.)


§ 70512. Deposit of assets on dissolution or final
HISTORICAL AND REVISION NOTES liquidation
Revised On dissolution or final liquidation of the cor-
Source (U.S. Code) Source (Statutes at Large)
Section poration, any assets remaining after the dis-
70508 .......... 36:575(a). Aug. 24, 1954, ch. 911, § 5(a), charge of all liabilities shall be deposited in the
68 Stat. 798. Treasury of the United States as a miscellane-
ous receipt.
The word ‘‘anywhere’’ is substituted for ‘‘at any place
or places in the United States, or elsewhere’’ to elimi- (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1354.)
nate unnecessary words.
HISTORICAL AND REVISION NOTES
§ 70509. Records and inspection
Revised Source (U.S. Code) Source (Statutes at Large)
Section
(a) RECORDS.—The corporation shall keep—
(1) correct and complete records of account; 70512 .......... 36:585. Aug. 24, 1954, ch. 911, § 15, 68
Stat. 800.
(2) minutes of the proceedings of its mem-
bers, board of directors, and committees hav- The word ‘‘satisfaction’’ is omitted as included in
ing any of the authority of its board of direc- ‘‘discharge’’, and the word ‘‘obligations’’ is omitted as
tors; and included in ‘‘liabilities’’. The word ‘‘outstanding’’ is
(3) at its principal office, a record of the omitted as unnecessary.
names and addresses of its members entitled
to vote. CHAPTER 707—FREDERICK DOUGLASS
MEMORIAL AND HISTORICAL ASSOCIATION
(b) INSPECTION.—A member entitled to vote, or
an agent or attorney of the member, may in- Sec.
70701. Organization.
spect the records of the corporation for any 70702. Purposes.
proper purpose, at any reasonable time. 70703. Governing body.
70704. Powers.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1353.) 70705. Management of homestead and erection of
HISTORICAL AND REVISION NOTES monument.
70706. Property exempt from taxation.
Revised 70707. Misnomer not to affect transfer of property.
Section Source (U.S. Code) Source (Statutes at Large) 70708. Nonapplication of audit requirements.
70509 .......... 36:583. Aug. 24, 1954, ch. 911, § 13, 68 § 70701. Organization
Stat. 799.
(a) FEDERAL CHARTER.—Frederick Douglass
The word ‘‘records’’ is substituted for ‘‘books and Memorial and Historical Association (in this
records’’ for consistency in the revised title and with chapter, the ‘‘corporation’’) is a body corporate
other titles of the United States Code.
and politic in the District of Columbia.
§ 70510. Service of process (b) PERPETUAL EXISTENCE.—Except as other-
wise provided, the corporation has perpetual ex-
The corporation shall have a designated agent istence.
in the District of Columbia to receive service of
process for the corporation. Notice to or service (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1354.)
on the agent, or mailed to the business address HISTORICAL AND REVISION NOTES
of the agent, is notice to or service on the cor-
poration. Revised Source (U.S. Code) Source (Statutes at Large)
Section
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1354.) 70701 .......... 36:4401 (words before June 6, 1900, ch. 806, §§ 1
‘‘for the following (words before ‘‘for the fol-
HISTORICAL AND REVISION NOTES objects and pur- lowing objects and pur-
poses’’). poses’’), 3, 31 Stat. 662, 663.
Revised 36:4403.
Section Source (U.S. Code) Source (Statutes at Large)
This section is substituted for the source provisions
70510 .......... 36:575(b). Aug. 24, 1954, ch. 911, § 5(b),
68 Stat. 798. for consistency in the revised title and to eliminate ex-
ecuted and unnecessary words. The text of 36:4403 is
The words ‘‘at all times’’ and ‘‘authorized’’ are omit- omitted as executed and obsolete.
ted as unnecessary. The words ‘‘the business address of
the agent’’ are substituted for ‘‘at such business ad- § 70702. Purposes
dress’’ for clarity and consistency in the revised title. The purposes of the corporation are—
§ 70511. Liability for acts of officers and agents (1) to preserve to posterity the memory of
the life and character of the late Frederick
The corporation is liable for the acts of its of- Douglass; and
ficers and agents acting within the scope of (2) to collect, collate, and preserve a histori-
their authority. cal record of the inception, progress, and cul-
Page 135 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 70704
AND ORGANIZATIONS

mination of the antislavery movement in the powers granted to the corporation’’ are substituted for
United States, and to assemble in the home- ‘‘Said board of trustees shall have perpetual succession,
stead of the late Frederick Douglass, com- and in them and their successors shall be vested the
power hereinbefore granted to this association’’ to
monly called Cedar Hill, in the village of Ana-
eliminate unnecessary words.
costia, District of Columbia, all suitable ex- In subsection (a)(2), the words ‘‘who shall be elected
hibits of records or things illustrative or com- by the corporators at their first meeting or at such
memorative of the antislavery movement and time thereafter as the said corporators may at the said
history that are donated to, or acquired by, first meeting appoint for that purpose’’ are omitted as
the corporation. obsolete. The words ‘‘A vacancy on the board shall be
filled by decision of the remaining members of the
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1354.) board’’ are substituted for ‘‘In case of a vacancy or va-
cancies occurring in said board of trustees by death,
HISTORICAL AND REVISION NOTES
resignation, or otherwise, the same shall be filled by
Revised the remaining members thereof’’ for clarity and to
Section Source (U.S. Code) Source (Statutes at Large) eliminate unnecessary words.
In subsection (a)(3), the word ‘‘common’’ is omitted
70702 .......... 36:4401 (words begin- June 6, 1900, ch. 806, § 1 as unnecessary.
ning with ‘‘for the (words beginning with
following objects ‘‘for the following objects Subsection (b)(3) is substituted for ‘‘and all of the of-
and purposes’’). and purposes’’), 31 Stat. ficers of the association, together with such agents and
662. employees . . . , shall be subject to removal for such
causes and under such conditions and regulations as
In clause (2), the words ‘‘that are donated to, or ac- may be prescribed by the by-laws’’ for clarity and to
quired by, the corporation’’ are substituted for ‘‘as may eliminate unnecessary words.
be donated to said association or acquired by
purchase[,] bequest, or other lawful means’’ to elimi- § 70704. Powers
nate unnecessary words.
The corporation may—
§ 70703. Governing body (1) adopt and amend bylaws for the regula-
(a) BOARD OF TRUSTEES.—(1) The board of tion of its affairs;
trustees is the governing body of the corpora- (2) adopt and alter a corporate seal;
(3) employ persons the corporation considers
tion. The board shall exercise the powers grant-
necessary;
ed to the corporation.
(4) acquire, own, lease, encumber, and trans-
(2) The board shall consist of at least 9 but not
fer property;
more than 19 members. A vacancy on the board
(5) sue and be sued; and
shall be filled by decision of the remaining
(6) do any other act to carry out the pur-
members of the board.
poses of the corporation.
(3) The board shall adopt a seal under which
all acts of the corporation shall be passed and (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1355.)
authenticated.
HISTORICAL AND REVISION NOTES
(b) OFFICERS.—(1) The board shall elect offi-
cers the board considers necessary, including a Revised
Source (U.S. Code) Source (Statutes at Large)
treasurer, for the term and at the compensation Section
the board decides, as provided in the bylaws. 70704(1) ...... 36:4404 (5th sentence June 6, 1900, ch. 806, §§ 2
(2) The treasurer shall give a bond as provided related to estab- (words before last semi-
lishing bylaws). colon), 4 (4th sentence re-
in the bylaws. lated to adopting and al-
(3) The board may remove an officer, em- tering seal, 5th sentence
related to establishing by-
ployee, or agent of the corporation for a cause laws, last sentence related
provided in the bylaws. to employment author-
ity), 31 Stat. 662, 663.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1354.) 70704(2) ...... 36:4404 (4th sentence
related to adopt-
ing and altering
HISTORICAL AND REVISION NOTES seal).
70704(3) ...... 36:4404 (last sen-
Revised tence related to
Section Source (U.S. Code) Source (Statutes at Large) employment au-
thority).
70703(a)(1), 36:4404 (1st–3d sen- June 6, 1900, ch. 806, § 4 70704(4)–(6) 36:4402 (words before
(2). tences). (1st–3d sentences, 4th sen- last semicolon).
tence less adopting and al-
tering seal, 5th sentence Clause (1) is substituted for ‘‘by-laws which may be
less establishing bylaws,
last sentence less employ- established for the government of said association’’ for
ment authority), 31 Stat. clarity and consistency in the revised title.
663; Nov. 9, 1988, Pub. L. Clause (2) is substituted for ‘‘adopt a common seal,
100–642, § 1(a), 102 Stat.
3337. which they may alter at pleasure’’ for consistency in
70703(a)(3) .. 36:4404 (4th sentence the revised title.
less adopting and Clause (3) is substituted for ‘‘such agents and employ-
altering seal).
70703(b)(1) .. 36:4404 (5th sentence ees as it may be deemed necessary to employ’’ for clar-
less establishing ity.
bylaws). Clause (4) is substituted for ‘‘be competent at law and
70703(b)(2), 36:4404 (last sen-
(3). tence less employ- in equity to take to themselves and their successors,
ment authority). for the use and behoof of said association, any estate
whatsoever, in any messuage, lands, tenements, here-
In subsection (a)(1), the words ‘‘The board of trustees ditaments, goods, chattels, moneys, and other effects,
is the governing body of the corporation’’ are sub- by gift, devise, grant, donation, bargain sale, convey-
stituted for ‘‘The government of said association shall ance, assurance, or will; and the same to grant, bar-
be vested in a board of trustees’’ for consistency in the gain, sell, transfer, assign, convey, assure, demise, de-
revised title. The words ‘‘The board shall exercise the clare to use, and farm let, and to place out on interest,
§ 70705 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 136
AND ORGANIZATIONS

for the use of said association, in such manner as to § 70707. Misnomer not to affect transfer of prop-
them, or a majority of them, shall be deemed most ben- erty
eficial to said association; and to receive the same,
their rents, issues, and profits, income, and interest, A misnomer of the corporation does not affect
and to apply the same for the proper use and benefit of any transfer of property to or from the corpora-
said association for the objects and purposes herein- tion.
before mentioned’’ for consistency in the revised title
and to eliminate unnecessary words. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1355.)
Clause (5) is substituted for ‘‘and by the same name HISTORICAL AND REVISION NOTES
to sue and be sued, to implead and be impleaded in any
court of law or equity in all manner of suits, actions, Revised
Section Source (U.S. Code) Source (Statutes at Large)
and proceedings whatsoever’’ for consistency in the re-
vised title and to eliminate unnecessary words. 70707 .......... 36:4405. June 6, 1900, ch. 806, § 5, 31
Clause (6) is substituted for ‘‘and generally by and in Stat. 663.
the same name to do and transact all and every the
business touching or concerning the premises’’ for clar- In this section, the word ‘‘affect’’ is substituted for
ity and to eliminate unnecessary words. ‘‘defeat or annul’’, and the words ‘‘transfer of property’’
are substituted for ‘‘grant, donation, gift, devise, or be-
§ 70705. Management of homestead and erection quest’’, to eliminate unnecessary words.
of monument
§ 70708. Nonapplication of audit requirements
After the corporation has acquired any part of
the property occupied by the late Frederick The audit requirements of section 10101 of this
Douglass as his homestead, commonly called title do not apply to the corporation.
Cedar Hill, in the village of Anacostia, District (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1355.)
of Columbia, the corporation may—
HISTORICAL AND REVISION NOTES
(1) manage, repair, and improve the property
to carry out the purposes of the corporation; Revised
Section Source (U.S. Code) Source (Statutes at Large)
and
(2) erect on the property a monument to the 70708 .......... (no source).
memory of the late Frederick Douglass.
This section is added to except Frederick Douglass
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1355.) Memorial and Historical Association from the applica-
tion of section 10101 of the revised title, restating
HISTORICAL AND REVISION NOTES
36:1101–1103, which imposes audit requirements on cer-
Revised tain federally chartered corporations. The Association
Source (U.S. Code) Source (Statutes at Large)
Section is not included in the list of corporations set out in
36:1101 to which the audit requirements apply.
70705(1) ...... 36:4402 (words after June 6, 1900, ch. 806, §§ 2
last semicolon). (words after last semi-
colon), 6, 31 Stat. 662, 663. CHAPTER 709—FUTURE FARMERS OF
70705(2) ...... 36:4406. AMERICA
Clause (1) is substituted for ‘‘and that after the said Sec.
association shall have acquired title in fee simple to a 70901. Organization.
whole or a part of certain property situate and being in 70902. Purposes.
70903. Membership.
the village of Anacostia, District of Columbia, com- 70904. Governing body.
monly called Cedar Hill, and occupied by the late Fred- 70905. National officers.
erick Douglass as his homestead, the said association 70906. Powers.
may manage, repair, improve, and adorn the same in 70907. Exclusive right to name, seals, emblems, and
such manner as the said incorporators or their succes- badges.
sors, or a majority of them, may deem meet and proper, 70908. Restrictions.
in pursuance of and in accordance with the objects and 70909. Availability of personnel, services, and facili-
purposes for which this said association is incor- ties of Department of Education.
porated’’ to eliminate unnecessary words. 70910. Headquarters and principal office.
Clause (2) is substituted for 36:4406 to eliminate un- 70911. Records and inspection.
necessary words. 70912. Service of process.
70913. Liability for acts of officers and agents.
§ 70706. Property exempt from taxation 70914. Distribution of assets on dissolution or final
liquidation.
Any property formerly occupied by the late
§ 70901. Organization
Frederick Douglass as his homestead, commonly
called Cedar Hill, in the village of Anacostia, (a) FEDERAL CHARTER.—Future Farmers of
District of Columbia, and owned by the corpora- America (in this chapter, the ‘‘corporation’’) is
tion, is exempt from taxation as long as the a federally chartered corporation.
property is used for the purposes of the corpora- (b) PERPETUAL EXISTENCE.—Except as other-
tion. wise provided, the corporation has perpetual ex-
istence.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1355.)
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1356.)
HISTORICAL AND REVISION NOTES
HISTORICAL AND REVISION NOTES
Revised Source (U.S. Code) Source (Statutes at Large)
Section Revised
Section Source (U.S. Code) Source (Statutes at Large)
70706 .......... 36:4407. June 6, 1900, ch. 806, § 7, 31
Stat. 663. 70901 .......... 36:271. Aug. 30, 1950, ch. 823, §§ 1, 2,
20, 64 Stat. 563, 567.
This section is substituted for the source provision to 36:272.
36:290.
eliminate unnecessary words.
Page 137 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 70904
AND ORGANIZATIONS

This section is substituted for 36:271 for consistency cause that Act was repealed by section 103 of the Act
in the revised title and to eliminate executed and un- of October 16, 1968 (Public Law 90–576, 82 Stat. 1091). The
necessary words. The text of 36:272 and 290 is omitted as words ‘‘States, territories, and possessions’’ are sub-
executed and obsolete. stituted for ‘‘several States and Territories’’ for con-
sistency in the revised title and with other titles of the
§ 70902. Purposes United States Code.
In clause (7), the words ‘‘young men and women’’ are
The purposes of the corporation are—
substituted for ‘‘farm boys and young men’’ to use gen-
(1) to create, foster, and assist subsidiary der-neutral terminology.
chapters composed of students and former stu-
dents of vocational agriculture in public REFERENCES IN TEXT
schools qualifying for Federal reimbursement
under the Smith-Hughes Vocational Education The Smith-Hughes Vocational Education Act, re-
Act (20 U.S.C. 11–15, 16–28) and associations of ferred to in par. (1), is act Feb. 23, 1917, ch. 114, 39 Stat.
929, as amended, which was classified to sections 11 to
those chapters in the States, territories, and 15 and 16 to 28 of Title 20, Education, prior to repeal by
possessions of the United States; Pub. L. 105–33, title VI, § 6201, Aug. 5, 1997, 111 Stat. 653.
(2) to develop character, train for useful citi- For complete classification of this Act to the Code, see
zenship, and foster patriotism, and thereby de- Short Title note set out under section 11 of Title 20 and
velop competent and aggressive rural and agri- Tables.
cultural leadership;
(3) to create and nurture a love of country § 70903. Membership
life by encouraging members to improve the
farm home and its surroundings, to develop or- (a) ELIGIBILITY.—Except as provided in this
ganized rural recreational activities, and to chapter, eligibility for membership in the cor-
create more interest in the intelligent choice poration and the rights and privileges of mem-
of farming occupations; bers are as provided in the bylaws.
(4) to encourage the practice of thrift; (b) VOTING.—In matters of official business of
(5) to procure for and distribute to State as- a local chapter, each member has one vote. In
sociations, local chapters, and members all of- matters of official business of a State associa-
ficial supplies and equipment of the corpora- tion, each qualified delegate of a local chapter
tion; has one vote.
(6) to publish an official magazine and other (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1356.)
publications for the members of the corpora-
tion; HISTORICAL AND REVISION NOTES
(7) to strengthen the confidence of young
Revised
men and women in themselves and their work, Section Source (U.S. Code) Source (Statutes at Large)
to encourage members in the development of
70903 .......... 36:276. Aug. 30, 1950, ch. 823, § 6, 64
individual farming programs, and to promote Stat. 565.
their permanent establishment in farming
by— In subsection (b), the words ‘‘In matters of’’ are sub-
(A) encouraging improvement in scholar- stituted for ‘‘In the conduct of’’ for clarity and to
ship; eliminate unnecessary words.
(B) providing prizes and awards to deserv-
ing students who have achieved distinction § 70904. Governing body
in vocational agriculture, including farm
mechanics activities on a local, State, or na- (a) BOARD OF DIRECTORS.—(1) The board of di-
tional basis; and rectors is the governing body of the corporation.
(C) assisting financially, through loans or The board shall exercise the powers granted to
grants, deserving students in all-day voca- the corporation.
tional agriculture classes and young farmers (2) The board consists of the Secretary of Edu-
under 30 years of age who were former stu- cation, four staff members in the Department of
dents in all-day vocational agriculture class- Education, and four State supervisors of agri-
es in becoming satisfactorily established in culture education. The Secretary is chairman of
a farming occupation; the board.
(3) The term of office of the directors and the
(8) to cooperate with others, including State method of selecting the directors (except ex offi-
boards for vocational education, in accom- cio directors) are as provided in the bylaws.
plishing these purposes; and (4) The board shall meet at least annually at
(9) to engage in other activities, consistent the time and place provided in the bylaws. The
with these purposes, determined by the gov- annual report of the board shall be presented at
erning body to be for the best interests of the that meeting. Special meetings of the board
corporation. may be called at any time by the chairman.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1356.) (b) GOVERNING COMMITTEE.—The board may
designate the chairman of the board and two
HISTORICAL AND REVISION NOTES
members of the chairman’s staff as a governing
Revised committee. When the board is not in session, the
Section Source (U.S. Code) Source (Statutes at Large)
governing committee has the powers of the
70902 .......... 36:273. Aug. 30, 1950, ch. 823, § 3, 64 board subject to the board’s direction and may
Stat. 563. authorize the seal of the corporation to be af-
fixed to all papers that require it.
In clause (1), the reference to the Vocational Edu-
cation Act of 1946 (ch. 541, 49 Stat. 1488) is omitted be- (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1357.)
§ 70905 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 138
AND ORGANIZATIONS

HISTORICAL AND REVISION NOTES REFERENCES IN TEXT

Revised The Smith-Hughes Vocational Education Act, re-


Section Source (U.S. Code) Source (Statutes at Large) ferred to in subsec. (c)(3), is act Feb. 23, 1917, ch. 114, 39
Stat. 929, as amended, which was classified to sections
70904(a) ...... 36:278(a)–(c), (e). Aug. 30, 1950, ch. 823, § 8, 64
Stat. 565. 11 to 15 and 16 to 28 of Title 20, Education, prior to re-
70904(b) ...... 36:278(d). peal by Pub. L. 105–33, title VI, § 6201, Aug. 5, 1997, 111
Stat. 653. For complete classification of this Act to the
In subsection (a), the text of 36:278(e) is omitted as Code, see Short Title note set out under section 11 of
obsolete. In paragraph (2), the words ‘‘Secretary of Edu- Title 20 and Tables.
cation’’ and ‘‘Department of Education’’ are sub-
stituted for ‘‘Chief of the Agricultural Education Serv- § 70906. Powers
ice, Office of Education, Federal Security Agency’’ and The corporation may—
‘‘Agricultural Education Service, Office of Education,
(1) adopt and amend bylaws and regulations
Federal Security Agency’’, respectively, in section 8(a)
of the Act of August 30, 1950 (ch. 823, 64 Stat. 565), be- for the management of its property and the
cause of sections 5 and 8 of Reorganization Plan No. 1 regulation of its affairs, including the estab-
of 1953 (5 App. U.S.C.) and 20:3441 and 3507. lishment and maintenance of local chapters
and State associations of chapters;
(2) adopt and alter a corporate seal;
§ 70905. National officers (3) adopt emblems and badges;
(a) COMPOSITION.—The national officers of the (4) choose officers, managers, agents, and
corporation are a student president, four stu- employees as the activities of the corporation
dent vice presidents (one from each of four re- require;
gions of the United States established in the by- (5) make contracts;
laws for purposes of administration of the cor- (6) acquire, own, lease, encumber, and trans-
poration), a student secretary, an executive sec- fer property as necessary or convenient to
retary, a treasurer, and a national advisor. carry out the purposes of the corporation;
(7) borrow money, issue instruments of in-
(b) BOARD OF STUDENT OFFICERS.—The na-
debtedness, and secure its obligations by
tional student officers of the corporation com-
granting security interests in its property;
prise a board of student officers. The board of
(8) use corporate funds to give prizes,
student officers shall advise and make recom-
awards, loans, and grants to deserving stu-
mendations to the board of directors about the
dents and young farmers to carry out the pur-
activities and business of the corporation.
poses of the corporation;
(c) ELECTION.—The national officers of the cor- (9) publish a magazine and other publica-
poration shall be elected annually by a majority tions;
vote of the delegates assembled in the annual (10) procure for and distribute to State asso-
national convention from among qualified mem- ciations, local chapters, and members all offi-
bers of the corporation, except that— cial Future Farmers of America supplies and
(1) the national advisor shall be the Sec- equipment;
retary of Education; (11) sue and be sued; and
(2) the executive secretary shall be a mem- (12) do any other act necessary and proper to
ber of the Department of Education; and carry out the purposes of the corporation.
(3) the treasurer shall be an employee or
member of a State agency that directs or su- (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1357.)
pervises a State program of agricultural edu- HISTORICAL AND REVISION NOTES
cation under the provisions of the Smith-
Hughes Vocational Education Act (20 U.S.C. Revised Source (U.S. Code) Source (Statutes at Large)
Section
11–15, 16–28).
70906 .......... 36:274. Aug. 30, 1950, ch. 823, §§ 4, 19,
(d) VOTE AT NATIONAL CONVENTION.—Each 64 Stat. 564, 567.
36:289.
qualified delegate has one vote at the annual na-
tional convention. In this section, the text of 36:289 is omitted as exe-
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1357.) cuted and obsolete.
In clause (1), the word ‘‘amend’’ is substituted for
HISTORICAL AND REVISION NOTES ‘‘alter’’ for consistency in the revised title. The words
‘‘not inconsistent with the laws of the United States or
Revised Source (U.S. Code) Source (Statutes at Large) any State in which such corporation is to operate’’ are
Section
omitted as unnecessary.
70905 .......... 36:277. Aug. 30, 1950, ch. 823, § 7, 64 In clause (2), the word ‘‘use’’ is omitted as unneces-
Stat. 565. sary.
In clause (5), the words ‘‘make contracts’’ are sub-
In subsection (c), the words ‘‘Secretary of Education’’ stituted for ‘‘contract and be contracted with’’ to
and ‘‘Department of Education’’ are substituted for eliminate unnecessary words.
‘‘Chief of the Agricultural Education Service, Office of Clause (6) is substituted for ‘‘to take and hold by
Education, Federal Security Agency’’ and ‘‘that serv- lease, gift, purchase, grant, devise, or bequest any prop-
ice’’, respectively, in section 7(c) of the Act of August erty, real or personal, necessary for attaining the ob-
30, 1950 (ch. 823, 64 Stat. 565), because of sections 5 and jects and accomplishing the purposes of the corpora-
8 of Reorganization Plan No. 1 of 1953 (5 App. U.S.C.) tion’’ and ‘‘to transfer and convey real or personal
and 20:3441 and 3507. In clause (3), the reference to the property’’ for consistency in the revised title and to
Vocational Education Act of 1946 (ch. 541, 49 Stat. 1488) eliminate unnecessary words. The words ‘‘subject to ap-
is omitted because that Act was repealed by section 103 plicable provisions of law of any State (A) governing
of the Act of October 16, 1968 (Public Law 90–576, 82 the amount or kind of real and personal property which
Stat. 1091). may be held by, or (B) otherwise limiting or controlling
Page 139 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 70910
AND ORGANIZATIONS

the ownership of real and personal property by, a cor- HISTORICAL AND REVISION NOTES
poration operating in such State’’ are omitted as un-
necessary. Revised
Section Source (U.S. Code) Source (Statutes at Large)
In clause (7), the words ‘‘for the purposes of the cor-
poration’’ are omitted as unnecessary. The words 70908(a) ...... 36:282. Aug. 30, 1950, ch. 823, §§ 9, 10,
‘‘issue instruments of indebtedness, and secure its obli- 12, 64 Stat. 566.
70908(b) ...... 36:280.
gations by granting security interests in its property’’ 70908(c) ...... 36:279(a).
are substituted for ‘‘issue bonds therefor, and secure 70908(d) ...... 36:279(b).
the same by mortgage’’ for consistency in the revised 70908(e) ...... 36:279(c).
title. The words ‘‘subject to all applicable provisions of
Federal or State law’’ are omitted as unnecessary. In subsection (a), the words ‘‘any shares or’’ and ‘‘its
In clause (8), the words ‘‘to carry out the purposes of objects and purposes being solely educational’’ are
the corporation’’ are substituted for ‘‘for the purposes omitted as unnecessary and for consistency in the re-
set forth in section 273 of this title’’ for consistency in vised title.
the revised title. In subsection (c), the words ‘‘inure to the benefit of’’
In clause (11), the words ‘‘complain, and defend in any are substituted for ‘‘inure to’’ for consistency in the re-
court of competent jurisdiction’’ are omitted as unnec- vised title. The words ‘‘as provided in section 285 of this
essary. title’’ are omitted as unnecessary.
In clause (12), the words ‘‘any other act’’ are sub-
stituted for ‘‘any and all acts and things’’ for consist-
ency in the revised title and to eliminate unnecessary § 70909. Availability of personnel, services, and
words. The word ‘‘objects’’ is omitted as included in facilities of Department of Education
‘‘purposes’’.
On request of the board of directors of the cor-
§ 70907. Exclusive right to name, seals, emblems, poration, the Secretary of Education may make
and badges personnel, services, and facilities of the Depart-
ment of Education available to administer or as-
The corporation and its authorized chapters
sist in the administration of the activities of the
and associations of chapters have the exclusive
corporation. Personnel of the Department may
right to use the name ‘‘Future Farmers of Amer-
not receive compensation from the corporation
ica’’ and the initials FFA as representing an ag-
for their services, except that travel and other
ricultural membership organization and seals,
legitimate expenses as defined by the Secretary
emblems, and badges the corporation adopts.
and approved by the board may be paid. The
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1358.) Secretary also may cooperate with the State
boards for vocational education to assist in the
HISTORICAL AND REVISION NOTES
promotion of the activities of the corporation.
Revised
Section Source (U.S. Code) Source (Statutes at Large) (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1358.)
70907 .......... 36:286. Aug. 30, 1950, ch. 823, § 16, 64 HISTORICAL AND REVISION NOTES
Stat. 566.
Revised
Section Source (U.S. Code) Source (Statutes at Large)
The words ‘‘duly’’, ‘‘sole’’, and ‘‘lawfully’’ are omit-
ted as unnecessary. 70909 .......... 36:288. Aug. 30, 1950, ch. 823, § 18, 64
Stat. 567.
§ 70908. Restrictions
(a) STOCK AND DIVIDENDS.—The corporation The words ‘‘Secretary of Education’’ and ‘‘Secretary’’
are substituted for ‘‘United States Commissioner of
may not issue stock or declare or pay a divi- Education’’, ‘‘Commissioner of Education’’, and ‘‘Com-
dend. missioner’’, and the words ‘‘Department of Education’’
(b) POLITICAL ACTIVITIES.—The corporation or are substituted for ‘‘Office of Education’’, in section 18
a director, officer, or member as such may not of the Act of August 30, 1950 (ch. 823, 64 Stat. 567), be-
contribute to, support, or assist a political party cause of 20:3441 and 3507. The words ‘‘with the approval
or candidate for elective public office. of the Federal Security Administrator’’ and ‘‘with the
(c) DISTRIBUTION OF INCOME OR ASSETS.—The approval of the Administrator’’ are omitted because
income or assets of the corporation may not the functions of the Federal Security Administrator
were transferred to the Secretary of Health, Education,
inure to the benefit of, or be distributed to, a di- and Welfare by section 5 of Reorganization Plan No. 1
rector, officer, or member, except on dissolution of 1953 (5 App. U.S.C.), and were subsequently trans-
or final liquidation of the corporation. ferred to the Secretary of Education by 20:3441. See also
(d) LOANS.—The corporation may not make a 20:3507. Substitution of a reference to the ‘‘Secretary of
loan to a director, officer, or employee. Direc- Education’’ would result in a requirement of the Sec-
tors who vote for or assent to making a loan to retary’s own approval. The word ‘‘activities’’ (the first
a director, officer, or employee, and officers who time it appears) is substituted for ‘‘business and activi-
participate in making the loan, are jointly and ties’’ for consistency in the revised title.
severally liable to the corporation for the
amount of the loan until it is repaid. § 70910. Headquarters and principal office
(e) PRIZES, AWARDS, GRANTS, OR LOANS TO STU-
DENT OFFICERS AND MEMBERS MEETING CRI- The headquarters and principal office of the
TERIA.—This section does not preclude prizes, corporation shall be in the District of Columbia.
awards, grants, or loans to student officers and However, the activities of the corporation are
members meeting the criteria established by the not confined to the District of Columbia but
board of directors for selecting recipients of may be conducted throughout the States, terri-
those benefits. tories, and possessions of the United States.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1358.) (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1359.)
§ 70911 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 140
AND ORGANIZATIONS

HISTORICAL AND REVISION NOTES In subsection (b), the word ‘‘precedent’’ is omitted as
unnecessary. The words ‘‘with the secretary of state or
Revised other designated official’’ are substituted for ‘‘in the
Section Source (U.S. Code) Source (Statutes at Large)
Office of the Secretary of State, or similar officer’’ for
70910 .......... 36:275 (1st sentence). Aug. 30, 1950, ch. 823, § 5 (1st consistency in the revised title. The words ‘‘post of-
sentence), 64 Stat. 565. fice’’ and ‘‘authorized’’ are omitted as unnecessary.

The word ‘‘office’’ is substituted for ‘‘offices’’ for con- AMENDMENTS


sistency in the revised title. The word ‘‘various’’ is 2006—Subsec. (b). Pub. L. 109–284 substituted ‘‘cor-
omitted as unnecessary. poration shall’’ for ‘‘Corporation shall’’.
§ 70911. Records and inspection § 70913. Liability for acts of officers and agents
(a) RECORDS.—The corporation shall keep— The corporation is liable for the acts of its of-
(1) correct and complete records of account; ficers and agents acting within the scope of
(2) minutes of the proceedings of its mem- their authority.
bers, board of directors, and committees hav-
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1359.)
ing any of the authority of its board of direc-
tors; and HISTORICAL AND REVISION NOTES
(3) a record of the names and addresses of its
Revised
members entitled to vote. Section Source (U.S. Code) Source (Statutes at Large)

(b) INSPECTION.—A member, or an agent or at- 70913 .......... 36:281. Aug. 30, 1950, ch. 823, § 11, 64
torney of the member, may inspect the records Stat. 566.
of the corporation at any reasonable time.
§ 70914. Distribution of assets on dissolution or
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1359.)
final liquidation
HISTORICAL AND REVISION NOTES
On dissolution or final liquidation of the cor-
Revised poration, any assets remaining after the dis-
Source (U.S. Code) Source (Statutes at Large)
Section charge of all liabilities shall be used by the
70911 .......... 36:283. Aug. 30, 1950, ch. 823, § 13, 64 board of directors for the benefit of students of
Stat. 566. vocational agriculture or be transferred to a rec-
ognized educational foundation.
The word ‘‘records’’ is substituted for ‘‘books and
records’’ for consistency in the revised title and with (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1359.)
other titles of the United States Code.
HISTORICAL AND REVISION NOTES
§ 70912. Service of process
Revised Source (U.S. Code) Source (Statutes at Large)
Section
(a) DISTRICT OF COLUMBIA.—The corporation
shall have a designated agent in the District of 70914 .......... 36:285. Aug. 30, 1950, ch. 823, § 15, 64
Stat. 566.
Columbia to receive service of process for the
corporation. Designation of the agent shall be The word ‘‘satisfaction’’ is omitted as included in
filed in the office of the clerk of the United ‘‘discharge’’, and the word ‘‘obligations’’ is omitted as
States District Court for the District of Colum- included in ‘‘liabilities’’. The word ‘‘outstanding’’ is
bia. Notice to or service on the agent, or mailed omitted as unnecessary.
to the business address of the agent, is notice to
or service on the corporation. CHAPTER 801—GENERAL FEDERATION OF
(b) STATES, TERRITORIES, AND POSSESSIONS.— WOMEN’S CLUBS
As a condition to the exercise of any power or Sec.
privilege granted by this chapter, the corpora- 80101. Organization.
tion shall file, with the Secretary of State or 80102. Purposes.
80103. Constitution and bylaws.
other designated official of each State, terri- 80104. Property.
tory, or possession of the United States in which 80105. Principal office and meetings.
a subordinate association or chapter is orga- 80106. Distribution of assets on dissolution.
nized, the name and address of an agent in that
State, territory, or possession on whom legal § 80101. Organization
process or demands against the corporation may (a) FEDERAL CHARTER.—General Federation of
be served. Women’s Clubs (in this chapter, the ‘‘corpora-
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1359; Pub. tion’’) is a body corporate and politic of the Dis-
L. 109–284, § 5(7), Sept. 27, 2006, 120 Stat. 1212.) trict of Columbia.
(b) PERPETUAL EXISTENCE.—Except as other-
HISTORICAL AND REVISION NOTES wise provided, the corporation has perpetual ex-
istence.
Revised Source (U.S. Code) Source (Statutes at Large)
Section (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1360.)
70912(a) ...... 36:275 (2d, last sen- Aug. 30, 1950, ch. 823, §§ 5 (2d,
tences). last sentences), 17, 64 HISTORICAL AND REVISION NOTES
Stat. 565, 567.
70912(b) ...... 36:287. Revised Source (U.S. Code) Source (Statutes at Large)
Section
In subsection (a), the word ‘‘have’’ is substituted for 80101 .......... 36:3501(a). Mar. 3, 1901, ch. 860, § 1(a), 31
‘‘maintain’’ for consistency in the revised title. The Stat. 1438; Aug. 7, 1986,
words ‘‘at all times’’, ‘‘authorized’’, and ‘‘deemed suffi- Pub. L. 99–376, § 1(1), (2),
100 Stat. 804.
cient’’ are omitted as unnecessary.
Page 141 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 80301
AND ORGANIZATIONS

This section is substituted for the source provisions Clause (2) is substituted for ‘‘and may give therefor
for consistency in the revised title and to eliminate ex- such evidences of indebtedness as such corporation may
ecuted and unnecessary words. decide upon’’ to eliminate unnecessary words. The word
‘‘instruments’’ is substituted for ‘‘evidences’’ for con-
§ 80102. Purposes sistency in the revised title.
The corporation shall be organized and oper-
ated exclusively for charitable and educational § 80105. Principal office and meetings
purposes within the meaning of section 501(c)(3) (a) PRINCIPAL OFFICE.—The principal office of
of the Internal Revenue Code of 1986 (26 U.S.C. the corporation shall be in the District of Co-
501(c)(3)) and shall comply with the require- lumbia.
ments for classification as an exempt organiza- (b) MEETINGS.—The corporation may hold its
tion under section 501(c)(3). The charitable pur-
meetings at places outside the District of Co-
poses of the corporation shall be achieved
lumbia.
through volunteer efforts by the members of the
corporation, including arts programs, conserva- (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1360.)
tion programs, educational programs, homelife
HISTORICAL AND REVISION NOTES
programs, international affairs, public affairs
programs advancing information about public Revised Source (U.S. Code) Source (Statutes at Large)
affairs, and community improvement programs. Section

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1360.) 80105(a) ...... 36:3503 (last sen- Mar. 3, 1901, ch. 860, § 3 (last
tence). sentence), 31 Stat. 1439.
80105(b) ...... 36:3504. Mar. 3, 1901, ch. 860, § 4, as
HISTORICAL AND REVISION NOTES added Apr. 28, 1904, ch.
1790, 33 Stat. 542; June 7,
Revised Source (U.S. Code) Source (Statutes at Large) 1934, ch. 425, 48 Stat. 925.
Section

80102 .......... 36:3501(b). Mar. 3, 1901, ch. 860, § 1(b), as In subsection (b), the word ‘‘may’’ is substituted for
added Aug. 7, 1986, Pub. L. ‘‘be, and it is hereby, authorized to’’, and the words ‘‘as
99–376, § 1(3), 100 Stat. 804. it from time to time may deem best’’ are omitted, to
eliminate unnecessary words.
§ 80103. Constitution and bylaws
The corporation shall have a constitution and § 80106. Distribution of assets on dissolution
may adopt bylaws for the admission and quali- On dissolution of the corporation, the board of
fications of members, the management of its directors shall liquidate and distribute its assets
property, and the regulation of its affairs. The to organizations qualified as exempt organiza-
corporation may amend its constitution and by- tions under section 501(c)(3) of the Internal Rev-
laws. enue Code of 1986 (26 U.S.C. 501(c)(3)) with pur-
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1360.) poses similar to those of the corporation.
HISTORICAL AND REVISION NOTES (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1360.)
Revised HISTORICAL AND REVISION NOTES
Section Source (U.S. Code) Source (Statutes at Large)
Revised Source (U.S. Code) Source (Statutes at Large)
80103 .......... 36:3503 (1st sen- Mar. 3, 1901, ch. 860, § 3 (1st Section
tence). sentence), 31 Stat. 1439.
80106 .......... 36:3501(c). Mar. 3, 1901, ch. 860, § 1(c), as
The words ‘‘at pleasure’’ are omitted as unnecessary. added Aug. 7, 1986, Pub. L.
99–376, § 1(3), 100 Stat. 804.
§ 80104. Property
The corporation may— CHAPTER 803—GIRL SCOUTS OF THE
(1) acquire, own, lease, encumber, and trans- UNITED STATES OF AMERICA
fer property as necessary to carry out the pur-
Sec.
poses of the corporation; and 80301. Organization.
(2) issue instruments of indebtedness in rela- 80302. Purposes.
tion to its real property. 80303. Governing body.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1360.) 80304. Powers.
80305. Exclusive right to emblems, badges, marks,
HISTORICAL AND REVISION NOTES and words.
80306. Restrictions.
Revised Source (U.S. Code) Source (Statutes at Large) 80307. Annual report.
Section

80104 .......... 36:3502. Mar. 3, 1901, ch. 860, § 2, 31 § 80301. Organization


Stat. 1439; Apr. 6, 1922, ch.
121, 42 Stat. 490; June 7,
1934, ch. 425, 48 Stat. 925; (a) FEDERAL CHARTER.—Girl Scouts of the
Dec. 15, 1975, Pub. L. United States of America (in this chapter, the
94–151, § 1, 89 Stat. 809.
‘‘corporation’’) is a body corporate and politic of
Clause (1) is substituted for ‘‘acquire, by devise, be- the District of Columbia.
quest, or otherwise, hold, purchase, and convey such (b) DOMICILE.—The domicile of the corporation
real and personal estate as shall or may be required for is the District of Columbia.
the purpose of its incorporation with authority in said (c) PERPETUAL EXISTENCE.—Except as other-
corporation, should it be by it deemed necessary so to wise provided, the corporation has perpetual ex-
do, to mortgage or otherwise encumber the real estate istence.
which it may hereafter own or acquire’’ for consistency
in the revised title and to eliminate unnecessary words. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1361.)
§ 80302 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 142
AND ORGANIZATIONS

HISTORICAL AND REVISION NOTES (2) other committees to operate under the
general supervision of the board of directors.
Revised
Section Source (U.S. Code) Source (Statutes at Large)
(d) LOCATION OF MEETINGS AND RECORDS.—The
80301 .......... 36:31. Mar. 16, 1950, ch. 62, §§ 1, 2 Council and the board of directors may hold
(words before 2d comma), meetings and keep the seal and records of the
64 Stat. 22.
36:32 (words before corporation in or outside the District of Colum-
2d comma). bia.
This section is substituted for the source provisions (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1361.)
for consistency in the revised title and to eliminate ex-
ecuted and unnecessary words. HISTORICAL AND REVISION NOTES

§ 80302. Purposes Revised Source (U.S. Code) Source (Statutes at Large)


Section
The purposes of the corporation are—
80303(a)(1) .. 36:34 (1st sentence Mar. 16, 1950, ch. 62, §§ 4
(1) to promote the qualities of truth, loyalty, words before 1st (1st–7th sentences), 5, 64
helpfulness, friendliness, courtesy, purity, comma, 2d sen- Stat. 23, 24; Aug. 14, 1953,
tence). ch. 486, § 1, 67 Stat. 582.
kindness, obedience, cheerfulness, thriftiness, 80303(a)(2) .. 36:34 (1st sentence
and kindred virtues among girls, as a prepara- words after 1st
comma).
tion for their responsibilities in the home and 80303(a)(3) .. 36:34 (3d sentence).
for service to the community; 80303(a)(4) .. 36:35 (1st, 2d sen-
(2) to direct and coordinate the Girl Scout tences).
80303(b)(1) .. 36:34 (4th sentence
movement in the United States and territories words before 1st
and possessions of the United States; and comma, 5th, 7th
sentences).
(3) to fix and maintain standards for the 80303(b)(2) .. 36:34 (6th sentence).
movement that will inspire the rising genera- 80303(c) ...... 36:34 (4th sentence
words after 1st
tion with the highest ideals of character, pa- comma).
triotism, conduct, and attainment. 80303(d) ...... 36:35 (last sentence).

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1361.) In subsection (a)(1), the words ‘‘(hereinafter referred
HISTORICAL AND REVISION NOTES to as the ‘national council’)’’ are omitted as unneces-
sary.
Revised In subsection (a)(3), the words ‘‘entire Council’’ are
Section Source (U.S. Code) Source (Statutes at Large)
substituted for ‘‘whole number’’ for clarity.
80302 .......... 36:33 (words before Mar. 16, 1950, ch. 62, § 3
In subsection (b)(1), the first sentence is substituted
19th comma). (words before 19th for ‘‘The affairs of the corporation between meetings of
comma), 64 Stat. 23. the national council shall be managed by a board of di-
rectors’’ and ‘‘The board of directors, to the extent pro-
§ 80303. Governing body vided in the constitution and bylaws, shall have the
powers of the national council, in the interim between
(a) NATIONAL COUNCIL.—(1) There shall be a its meetings’’ to eliminate unnecessary words.
National Council of Girl Scouts. The number,
qualifications, and term of office of members of § 80304. Powers
the Council are as provided in the constitution The corporation may—
of the corporation, except that members of the (1) adopt and amend a constitution, bylaws,
Council must be citizens of the United States. and regulations, including regulations for the
(2) The Council may adopt and amend a con-
election of associates and successors;
stitution and bylaws and elect a board of direc-
(2) adopt and alter a seal;
tors, officers, and agents.
(3) The constitution may prescribe the number (3) have offices and conduct its activities in
of members of the Council necessary for a the District of Columbia and in the States,
quorum. That number may be less than a major- territories, and possessions of the United
ity of the entire Council. States;
(4) Meetings of the Council shall be held as (4) acquire, own, lease, encumber, and trans-
provided in the constitution to hold elections fer property, and use any income from the
and receive reports of the officers and board of property, as necessary to carry out the pur-
directors. Special meetings may be called as poses of the corporation;
provided in the constitution. (5) sue and be sued within the jurisdiction of
(b) BOARD OF DIRECTORS.—(1) To the extent the United States; and
provided in the constitution and bylaws, the (6) do any other act necessary to carry out
board of directors shall have the powers of the this chapter and the purposes of the corpora-
Council and manage the activities of the cor- tion.
poration between meetings of the Council. The (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1362.)
number, qualifications, and term of office of di-
rectors are as provided in the constitution. HISTORICAL AND REVISION NOTES
(2) The constitution may prescribe the number
Revised
of directors necessary for a quorum. That num- Section Source (U.S. Code) Source (Statutes at Large)
ber shall be at least 20 or two-fifths of the entire
board. 80304 .......... 36:32 (words after 2d Mar. 16, 1950, ch. 62, §§ 2
comma). (words after 2d comma), 8,
(c) EXECUTIVE AND OTHER COMMITTEES.—The 64 Stat. 23, 24.
bylaws may provide for— 36:34 (last sentence). Mar. 16, 1950, ch. 62, § 4 (last
sentence), 64 Stat. 23;
(1) an executive committee to carry out the Aug. 14, 1953, ch. 486, § 1, 67
powers of the board of directors between meet- Stat. 582.
36:38.
ings of the board; and
Page 143 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 80501
AND ORGANIZATIONS

In this section, the text of 36:38 is omitted as exe- § 80306. Restrictions


cuted and obsolete.
In clause (1), the word ‘‘amend’’ is substituted for (a) PROFIT.—The corporation may not operate
‘‘and from time to time to alter such constitution, by- for profit.
laws, rules, and regulations’’ for consistency in the re- (b) POLITICAL ACTIVITIES.—The corporation
vised title and to eliminate unnecessary words. The
shall be nonpolitical and nonsectarian.
word ‘‘rules’’ is omitted as included in ‘‘regulations’’.
The words ‘‘not inconsistent with the laws of the (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1362.)
United States, or any State thereof’’ are omitted as un-
necessary. HISTORICAL AND REVISION NOTES
In clause (2), the word ‘‘destroy’’ is omitted as unnec-
essary and for consistency in the revised title. Revised
Section Source (U.S. Code) Source (Statutes at Large)
In clause (3), the word ‘‘activities’’ is substituted for
‘‘business and affairs’’ for consistency in the revised 80306 .......... 36:33 (words after Mar. 16, 1950, ch. 62, § 3
title and to eliminate unnecessary words. 19th comma). (words after 19th comma),
In clause (4), the words ‘‘acquire, own, lease, encum- 64 Stat. 23.
ber, and transfer property, and use any income from
the property, as necessary to carry out the purposes of In subsection (a), the word ‘‘pecuniary’’ is omitted as
the corporation’’ are substituted for ‘‘take, receive, and unnecessary.
hold, in trust or otherwise, and to sell and convey real In subsection (b), the words ‘‘The corporation shall
and personal property necessary for its corporate pur- be’’ are substituted for ‘‘which purposes shall be’’ for
poses, and other real and personal property, the income clarity and consistency in the revised title.
from which shall be applied to its corporate purposes’’
in 36:32 and ‘‘authorize and cause to be executed leases, § 80307. Annual report
mortgages, and liens upon, and sales and conveyances
of, any of the property of the corporation; and the pro- Not later than April 1 of each year, the cor-
ceeds arising therefrom shall be applied or invested for poration shall submit a report to Congress on
the use and benefit of the corporation’’ in 36:34 (last the activities of the corporation during the prior
sentence) for consistency in the revised title and to fiscal year. The report shall be printed each
eliminate unnecessary words. year, with accompanying illustrations, as a sep-
In clause (5), the words ‘‘in courts of law and equity’’
are omitted as unnecessary.
arate House document of the session of the Con-
gress to which the report is submitted.
§ 80305. Exclusive right to emblems, badges, (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1362.)
marks, and words
HISTORICAL AND REVISION NOTES
The corporation has the exclusive right to use
all emblems and badges, descriptive or designat- Revised
Source (U.S. Code) Source (Statutes at Large)
ing marks, and words or phrases the corporation Section
adopts, including the badge of the Girl Scouts, 80307 .......... 36:37. Mar. 16, 1950, ch. 62, § 7, 64
Incorporated, referred to in the Act of August Stat. 24; Aug. 14, 1953, ch.
486, § 2, 67 Stat. 583; Aug.
12, 1937 (ch. 590, 50 Stat. 623), and to authorize 30, 1964, Pub. L. 88–504,
their use, during the life of the corporation, in § 4(2), 78 Stat. 636.
36:39. Apr. 16, 1951, ch. 29, 65 Stat.
connection with the manufacture, advertise- 31.
ment, and sale of equipment and merchandise.
This section does not affect any vested rights. TERMINATION OF REPORTING REQUIREMENTS
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1362.) For termination, effective May 15, 2000, of provisions
in the first sentence of this section relating to the re-
HISTORICAL AND REVISION NOTES
quirement that the corporation submit a report to Con-
Revised gress not later than April 1 of each year, see section
Source (U.S. Code) Source (Statutes at Large)
Section 3003 of Pub. L. 104–66, as amended, set out as a note
under section 1113 of Title 31, Money and Finance, and
80305 .......... 36:36. Mar. 16, 1950, ch. 62, § 6, 64
Stat. 24; Aug. 17, 1951, ch. page 200 of House Document No. 103–7.
328, 65 Stat. 192.
CHAPTER 805—GOLD STAR WIVES OF
The word ‘‘sole’’ is omitted as included in ‘‘exclu- AMERICA
sive’’. The words ‘‘to have’’ and ‘‘in carrying out its
purposes’’ are omitted as unnecessary. The words ‘‘the Sec.
corporation adopts’’ are substituted for ‘‘now or here- 80501. Definition.
tofore used by the old corporation and by its successor’’ 80502. Organization.
for consistency in the revised title and to eliminate ob- 80503. Purposes.
solete language. (The term ‘‘old corporation’’ is defined 80504. Membership.
in 36:31.) The words ‘‘in carrying out its program’’ are 80505. Governing body.
omitted as unnecessary. The words ‘‘including the 80506. Powers.
badge of the Girl Scouts, Incorporated, referred to in 80507. Restrictions.
the Act of August 12, 1937 (ch. 590, 50 Stat. 623), and to 80508. Duty to maintain tax-exempt status.
authorize their use’’ are substituted for ‘‘including the 80509. Records and inspection.
sole and exclusive right to use, or to authorize the use 80510. Service of process.
of . . . the badge of the Girl Scouts, Incorporated, 80511. Liability for acts of officers and agents.
which is referred to in the Act of August 12, 1937 (Pub- 80512. Annual report.
lic, Numbered 259, Seventy-fifth Congress; 50 Stat. 623),
and all the other aforesaid emblems and badges, de- § 80501. Definition
scriptive or designating marks, and words or phrases’’
to eliminate unnecessary words. For purposes of this chapter, ‘‘State’’ includes
REFERENCES IN TEXT the District of Columbia and the territories and
possessions of the United States.
Act of August 12, 1937 (ch. 590, 50 Stat. 623), referred
to in text, is not classified to the Code. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1362.)
§ 80502 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 144
AND ORGANIZATIONS

HISTORICAL AND REVISION NOTES (b) NONDISCRIMINATION.—The terms of mem-


bership may not discriminate on the basis of
Revised
Section Source (U.S. Code) Source (Statutes at Large) race, color, religion, or national origin.
80501 .......... 36:1613. Dec. 4, 1980, Pub. L. 96–497, (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1363.)
§ 14, 94 Stat. 2597.
HISTORICAL AND REVISION NOTES
The word ‘‘includes’’ is substituted for ‘‘means’’ for
consistency in the revised title. The word ‘‘several’’ is Revised Source (U.S. Code) Source (Statutes at Large)
Section
omitted as unnecessary. The words ‘‘the Common-
wealth of Puerto Rico’’ are omitted as included in ‘‘the 80504(a) ...... 36:1605. Dec. 4, 1980, Pub. L. 96–497,
territories and possessions of the United States’’. §§ 3 (related to discrimina-
tion in membership), 5, 94
Stat. 2595.
§ 80502. Organization 80504(b) ...... 36:1603 (related to
discrimination in
(a) FEDERAL CHARTER.—Gold Star Wives of membership).
America (in this chapter, the ‘‘corporation’’), in-
corporated in New York, is a federally chartered § 80505. Governing body
corporation.
(b) EXPIRATION OF CHARTER.—If the corpora- (a) BOARD OF DIRECTORS.—The board of direc-
tion does not comply with any provision of this tors and the responsibilities of the board are as
chapter, the charter granted by this chapter ex- provided in the articles of incorporation.
pires. (b) OFFICERS.—The officers and the election of
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1363.) officers are as provided in the articles of incor-
poration.
HISTORICAL AND REVISION NOTES (c) NONDISCRIMINATION.—The requirements for
holding office in the corporation may not dis-
Revised
Section Source (U.S. Code) Source (Statutes at Large) criminate on the basis of race, color, religion, or
national origin.
80502(a) ...... 36:1601. Dec. 4, 1980, Pub. L. 96–497,
§§ 1, 15 (last sentence), 94 (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1363.)
Stat. 2595, 2597.
80502(b) ...... 36:1614 (last sen-
tence). HISTORICAL AND REVISION NOTES

Revised
This section is substituted for the source provisions Section Source (U.S. Code) Source (Statutes at Large)
for consistency in the revised title and to eliminate ex-
ecuted and unnecessary words. 80505(a) ...... 36:1606. Dec. 4, 1980, Pub. L. 96–497,
§§ 3 (related to discrimina-
tion in holding office), 6,
§ 80503. Purposes 7, 94 Stat. 2595, 2596.
80505(b) ...... 36:1607.
The purposes of the corporation are— 80505(c) ...... 36:1603 (related to
(1) to operate in the public interest, as a discrimination in
holding office).
nonpartisan and nonprofit organization, solely
for patriotic, charitable, literary, educational, In subsections (a) and (b), the words ‘‘and in conform-
scientific, or civic improvement purposes; and ity with the laws of the State or States where incor-
(2) the purposes stated in its articles of in- porated’’ in 36:1606 and 36:1607 are omitted as unneces-
corporation that are not inconsistent with the sary.
purposes described in clause (1) of this section.
§ 80506. Powers
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1363.)
The corporation has only the powers provided
HISTORICAL AND REVISION NOTES
in its bylaws and articles of incorporation filed
Revised Source (U.S. Code) Source (Statutes at Large)
in the State in which it is incorporated.
Section
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1363.)
80503 .......... 36:1603 (less dis- Dec. 4, 1980, Pub. L. 96–497,
crimination). § 3 (less discrimination), 94 HISTORICAL AND REVISION NOTES
Stat. 2595.
Revised Source (U.S. Code) Source (Statutes at Large)
Before clause (1), the words ‘‘purposes of the corpora- Section
tion are’’ are substituted for ‘‘objects and purposes of
the corporation shall be, solely, that it is’’ for consist- 80506 .......... 36:1602. Dec. 4, 1980, Pub. L. 96–497,
§ 2, 94 Stat. 2595.
ency in the revised title and to eliminate unnecessary
words. In clause (1), the words ‘‘to operate in the public
interest, as a nonpartisan and nonprofit organization, § 80507. Restrictions
solely for’’ are substituted for ‘‘(a) organized and oper-
ated in the public interest, as a nonpartisan and non- (a) STOCK AND DIVIDENDS.—The corporation
profit organization . . . (b) organized and operated sole- may not issue stock or declare or pay a divi-
ly for’’ to eliminate unnecessary words and because the dend.
prohibition on discrimination in 36:1603(a) is restated in (b) POLITICAL ACTIVITIES.—The corporation or
sections 80504 and 80505 of the revised title. a director or officer as such may not contribute
to, support, or participate in any political activ-
§ 80504. Membership
ity or in any manner attempt to influence legis-
(a) ELIGIBILITY.—Except as provided in this lation.
chapter, eligibility for membership in the cor- (c) DISTRIBUTION OF INCOME OR ASSETS.—The
poration and the rights and privileges of mem- income or assets of the corporation may not
bers are as provided in the articles of incorpora- inure to the benefit of, or be distributed to, a di-
tion and bylaws. rector, officer, or member during the life of the
Page 145 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 80512
AND ORGANIZATIONS

charter granted by this chapter. This subsection § 80510. Service of process


does not prevent the payment of reasonable
compensation to an officer or reimbursement for The corporation shall comply with the law on
actual necessary expenses in amounts approved service of process of each State in which it is in-
by the board of directors. corporated and each State in which it carries on
(d) LOANS.—The corporation may not make a activities.
loan to any director, officer, or employee. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1364.)
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1363.) HISTORICAL AND REVISION NOTES
HISTORICAL AND REVISION NOTES Revised
Section Source (U.S. Code) Source (Statutes at Large)
Revised
Section Source (U.S. Code) Source (Statutes at Large) 80510 .......... 36:1604. Dec. 4, 1980, Pub. L. 96–497,
§ 4, 94 Stat. 2595.
80507(a) ...... 36:1608(d). Dec. 4, 1980, Pub. L. 96–497,
§ 8, 94 Stat. 2596. The words ‘‘in furtherance of its corporate purposes’’
80507(b) ...... 36:1608(c).
80507(c) ...... 36:1608(a). are omitted as unnecessary.
80507(d) ...... 36:1608(b).
§ 80511. Liability for acts of officers and agents
In subsection (a), the words ‘‘any shares of’’ are omit-
ted as unnecessary. The corporation is liable for the acts of its of-
In subsection (b), the words ‘‘as such’’ are substituted ficers and agents acting within the scope of
for ‘‘acting as such officer or director’’ for consistency
their authority and in accordance with the laws
in the revised title.
In subsection (c), the words ‘‘inure to the benefit of’’ of the States in which it carries on its activi-
are substituted for ‘‘inure to’’ for consistency in the re- ties.
vised title. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1364.)
HISTORICAL AND REVISION NOTES
§ 80508. Duty to maintain tax-exempt status
Revised
The corporation shall maintain its status as Section Source (U.S. Code) Source (Statutes at Large)
an organization exempt from taxation under the
80511 .......... 36:1609. Dec. 4, 1980, Pub. L. 96–497,
Internal Revenue Code of 1986 (26 U.S.C. 1 et § 9, 94 Stat. 2596.
seq.).
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1364.) § 80512. Annual report
HISTORICAL AND REVISION NOTES The corporation shall submit an annual report
Revised to Congress on the activities of the corporation
Source (U.S. Code) Source (Statutes at Large)
Section during the prior calendar year. The report may
80508 .......... 36:1614 (1st sen- Dec. 4, 1980, Pub. L. 96–497, not be printed as a public document.
tence). § 15 (1st sentence), 94 Stat.
2597. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1364.)
HISTORICAL AND REVISION NOTES
§ 80509. Records and inspection Revised
Section Source (U.S. Code) Source (Statutes at Large)
(a) RECORDS.—The corporation shall keep—
(1) correct and complete records of account; 80512 .......... 36:1611. Dec. 4, 1980, Pub. L. 96–497,
§ 12, 94 Stat. 2597.
(2) minutes of the proceedings of its mem-
bers, board of directors, and committees hav-
ing any of the authority of its board of direc- TERMINATION OF REPORTING REQUIREMENTS
tors; and For termination, effective May 15, 2000, of reporting
(3) at its principal office, a record of the provisions in this section, see section 3003 of Pub. L.
names and addresses of its members entitled 104–66, as amended, set out as a note under section 1113
to vote. of Title 31, Money and Finance, and page 201 of House
Document No. 103–7.
(b) INSPECTION.—A member entitled to vote, or
an agent or attorney of the member, may in- CHAPTER 901—[RESERVED]
spect the records of the corporation for any
proper purpose, at any reasonable time. CHAPTER 1001—ITALIAN AMERICAN WAR
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1364.) VETERANS OF THE UNITED STATES
HISTORICAL AND REVISION NOTES Sec.
100101. Definition.
Revised
Source (U.S. Code) Source (Statutes at Large) 100102. Organization.
Section 100103. Purposes.
80509 .......... 36:1610. Dec. 4, 1980, Pub. L. 96–497, 100104. Membership.
§ 10, 94 Stat. 2596. 100105. Governing body.
100106. Powers.
The word ‘‘records’’ is substituted for ‘‘books and 100107. Restrictions.
records’’ for consistency in the revised title and with 100108. Duty to maintain tax-exempt status.
other titles of the United States Code. The words 100109. Records and inspection.
‘‘However, nothing in this section shall be construed to 100110. Service of process.
contravene any applicable State law’’ are omitted as 100111. Liability for acts of officers and agents.
unnecessary. 100112. Annual report.
§ 100101 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 146
AND ORGANIZATIONS

§ 100101. Definition (5) promoting peace, prosperity, and good


will between the peoples of the United States
For purposes of this chapter, ‘‘State’’ includes
and Italy; and
the District of Columbia and the territories and
(6) functioning as a veterans’ and patriotic
possessions of the United States.
organization as authorized by the laws of each
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1364.) State in which it is incorporated.
HISTORICAL AND REVISION NOTES (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1365.)
Revised Source (U.S. Code) Source (Statutes at Large) HISTORICAL AND REVISION NOTES
Section
Revised
100101 ......... 36:1713. Nov. 20, 1981, Pub. L. 97–82, Section Source (U.S. Code) Source (Statutes at Large)
§ 14, 95 Stat. 1093.
100103 ......... 36:1703. Nov. 20, 1981, Pub. L. 97–82,
The words ‘‘the Commonwealth of Puerto Rico’’ are § 3, 95 Stat. 1091.
omitted as included in ‘‘the territories and possessions
of the United States’’. Before clause (1), the word ‘‘objects’’ is omitted as in-
cluded in ‘‘purposes’’.
§ 100102. Organization
(a) FEDERAL CHARTER.—Italian American War § 100104. Membership
Veterans of the United States (in this chapter, A citizen of the United States who was honor-
the ‘‘corporation’’), a nonprofit corporation in- ably discharged from the Armed Forces is eligi-
corporated in California, Connecticut, Florida, ble for membership in the corporation. Except
Massachusetts, New Jersey, New York, Ohio, as provided in this chapter, eligibility for mem-
Pennsylvania, and Rhode Island, is a federally bership and the rights and privileges of members
chartered corporation. are as provided in the bylaws.
(b) EXPIRATION OF CHARTER.—If the corpora-
tion does not comply with any provision of this (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1365.)
chapter, the charter granted by this chapter ex- HISTORICAL AND REVISION NOTES
pires.
Revised
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1364.) Section Source (U.S. Code) Source (Statutes at Large)

HISTORICAL AND REVISION NOTES 100104 ......... 36:1705. Nov. 20, 1981, Pub. L. 97–82,
§ 5, 95 Stat. 1091.
Revised Source (U.S. Code) Source (Statutes at Large)
Section
§ 100105. Governing body
100102(a) ..... 36:1701. Nov. 20, 1981, Pub. L. 97–82,
§§ 1, 15 (last sentence), 16, (a) BOARD OF DIRECTORS.—The board of direc-
95 Stat. 1091, 1093.
100102(b) ..... 36:1714 (last sen- tors and the responsibilities of the board are as
tence). provided in the articles of incorporation.
36:1715.
(b) OFFICERS.—The officers and the election of
In subsection (a), the words ‘‘organized and’’ and ‘‘the officers are as provided in the articles of incor-
Nonprofit Corporation Acts of the States of’’ are omit- poration.
ted as unnecessary. The words ‘‘is a federally chartered
corporation’’ are substituted for ‘‘is hereby recognized (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1365.)
as such and is granted a charter’’ for consistency in the
HISTORICAL AND REVISION NOTES
revised title and to eliminate unnecessary words.
In subsection (b), the text of 36:1714 (last sentence) is Revised
omitted as included in 36:1715. The words ‘‘restrictions Section Source (U.S. Code) Source (Statutes at Large)
or’’ are omitted as unnecessary.
100105(a) ..... 36:1706. Nov. 20, 1981, Pub. L. 97–82,
§§ 6, 7, 95 Stat. 1092.
§ 100103. Purposes 100105(b) ..... 36:1707.
The purposes of the corporation are as pro-
The words ‘‘and in conformity with the laws of the
vided in the articles of incorporation and in-
State or States in which it is incorporated’’ in 36:1706
clude— and ‘‘and in conformity with the laws of the State or
(1) giving patriotic allegiance to the United States wherein it is incorporated’’ in 36:1707 are omit-
States, fidelity to the Constitution and laws of ted as unnecessary.
the United States, and support to the security
of civil liberty and permanence of free institu- § 100106. Powers
tions;
(2) stimulating patriotism in the minds of The corporation has only the powers provided
Americans by encouraging the study of the in its bylaws and articles of incorporation filed
history of the United States; in each State in which it is incorporated.
(3) ensuring the preservation and defense of (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1365.)
the United States from all enemies without
reservation; HISTORICAL AND REVISION NOTES
(4) preserving the memories and records of
Revised
patriotic service performed by men and women Section Source (U.S. Code) Source (Statutes at Large)
who served in the Armed Forces, by gathering,
100106 ......... 36:1702. Nov. 20, 1981, Pub. L. 97–82,
collating, editing, publishing, and exhibiting § 2, 95 Stat. 1091.
the memorabilia, information, records, mili-
tary awards, decorations, and citations of The words ‘‘and subject to the laws of such State or
those who served in the Armed Forces; States’’ are omitted as unnecessary.
Page 147 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 100112
AND ORGANIZATIONS

§ 100107. Restrictions (3) at its principal office, a record of the


names and addresses of its members entitled
(a) STOCK AND DIVIDENDS.—The corporation to vote.
may not issue stock or declare or pay a divi-
dend. (b) INSPECTION.—A member entitled to vote, or
(b) POLITICAL ACTIVITIES.—The corporation or an agent or attorney of the member, may in-
a director or officer as such may not contribute spect the records of the corporation for any
to, support, or participate in any political activ- proper purpose, at any reasonable time.
ity or in any manner attempt to influence legis- (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1366.)
lation.
(c) DISTRIBUTION OF INCOME OR ASSETS.—The HISTORICAL AND REVISION NOTES
income or assets of the corporation may not
Revised Source (U.S. Code) Source (Statutes at Large)
inure to the benefit of, or be distributed to, a di- Section
rector, officer, or member during the life of the
100109 ......... 36:1710. Nov. 20, 1981, Pub. L. 97–82,
charter granted by this chapter. This subsection § 10, 95 Stat. 1092.
does not prevent the payment of reasonable
compensation to an officer or reimbursement for The word ‘‘records’’ is substituted for ‘‘books and
actual necessary expenses in amounts approved records’’ for consistency in the revised title and with
by the board of directors. other titles of the United States Code. The words
‘‘Nothing in this section shall be construed to con-
(d) LOANS.—The corporation may not make a
travene any applicable State law’’ are omitted as un-
loan to a director, officer, or employee. necessary.
(e) CLAIM OF GOVERNMENTAL APPROVAL OR AU-
THORITY.—The corporation may not claim con- § 100110. Service of process
gressional approval or the authority of the
The corporation shall comply with the law on
United States Government for any of its activi-
service of process of each State in which it is in-
ties.
corporated and each State in which it carries on
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1365.) activities.
HISTORICAL AND REVISION NOTES (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1366.)
Revised HISTORICAL AND REVISION NOTES
Section Source (U.S. Code) Source (Statutes at Large)
Revised
100107(a) ..... 36:1708(d). Nov. 20, 1981, Pub. L. 97–82, Section Source (U.S. Code) Source (Statutes at Large)
§ 8, 95 Stat. 1092.
100107(b) ..... 36:1708(c). 100110 ......... 36:1704. Nov. 20, 1981, Pub. L. 97–82,
100107(c) ..... 36:1708(a). § 4, 95 Stat. 1091.
100107(d) ..... 36:1708(b).
100107(e) ..... 36:1708(e).
The words ‘‘in furtherance of its corporate purposes’’
In subsection (a), the words ‘‘any shares of’’ are omit- are omitted as unnecessary.
ted as unnecessary.
§ 100111. Liability for acts of officers and agents
In subsection (b), the words ‘‘as such’’ are substituted
for ‘‘acting as such officer or director’’ for consistency The corporation is liable for the acts of its of-
in the revised title. ficers and agents acting within the scope of
In subsection (c), the words ‘‘inure to the benefit of’’
their authority.
are substituted for ‘‘inure to’’ for consistency in the re-
vised title. The words ‘‘This subsection does not’’ are (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1366.)
substituted for ‘‘Nothing in this subsection shall be
construed to’’ for consistency in the revised title and to HISTORICAL AND REVISION NOTES
eliminate unnecessary words.
Revised Source (U.S. Code) Source (Statutes at Large)
Section
§ 100108. Duty to maintain tax-exempt status
100111 ......... 36:1709. Nov. 20, 1981, Pub. L. 97–82,
The corporation shall maintain its status as § 9, 95 Stat. 1092.
an organization exempt from taxation under the
Internal Revenue Code of 1986 (26 U.S.C. 1 et § 100112. Annual report
seq.). The corporation shall submit an annual report
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1366.) to Congress on the activities of the corporation
during the prior fiscal year. The report shall be
HISTORICAL AND REVISION NOTES
submitted at the same time as the report of the
Revised audit required by section 10101 of this title. The
Source (U.S. Code) Source (Statutes at Large)
Section report may not be printed as a public document.
100108 ......... 36:1714 (1st sen- Nov. 20, 1981, Pub. L. 97–82, (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1366.)
tence). § 15 (1st sentence), 95 Stat.
1093.
HISTORICAL AND REVISION NOTES

§ 100109. Records and inspection Revised Source (U.S. Code) Source (Statutes at Large)
Section
(a) RECORDS.—The corporation shall keep— 100112 ......... 36:1711. Nov. 20, 1981, Pub. L. 97–82,
(1) correct and complete records of account; § 12, 95 Stat. 1093.
(2) minutes of the proceedings of its mem-
bers, board of directors, and committees hav- TERMINATION OF REPORTING REQUIREMENTS
ing any of the authority of its board of direc- For termination, effective May 15, 2000, of reporting
tors; and provisions in this section, see section 3003 of Pub. L.
§ 110101 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 148
AND ORGANIZATIONS

104–66, as amended, set out as a note under section 1113 a continuing commitment, on a national basis,
of Title 31, Money and Finance, and page 201 of House to—
Document No. 103–7. (1) maintain true allegiance to the United
CHAPTER 1101—JEWISH WAR VETERANS OF States;
THE UNITED STATES OF AMERICA, INCOR- (2) foster and perpetuate true Americanism;
PORATED (3) combat whatever tends to impair the effi-
ciency and permanency of our free institu-
Sec. tions;
110101. Definition.
110102. Organization. (4) uphold the fair name of Jews and fight
110103. Purposes. their battles wherever unjustly assailed;
110104. Membership. (5) encourage the doctrine of universal lib-
110105. Governing body. erty, equal rights, and full justice to all men;
110106. Powers.
110107. Restrictions. (6) combat the powers of bigotry and dark-
110108. Duty to maintain corporate and tax-exempt ness wherever originating and whatever the
status. target;
110109. Records and inspection. (7) preserve the spirit of comradeship by mu-
110110. Service of process. tual helpfulness to comrades and their fami-
110111. Liability for acts of officers and agents.
110112. Annual report. lies;
(8) cooperate with and support existing edu-
§ 110101. Definition cational institutions and establish educational
For purposes of this chapter, ‘‘State’’ includes institutions;
the District of Columbia and the territories and (9) foster the education of ex-servicemen and
possessions of the United States. ex-servicewomen and members of the corpora-
tion in the ideals and principles of American-
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1366.) ism;
HISTORICAL AND REVISION NOTES (10) instill love of country and flag;
(11) promote sound minds and bodies in
Revised members of the corporation and their youth;
Section Source (U.S. Code) Source (Statutes at Large)
(12) preserve the memories and records of pa-
110101 ......... 36:2713. Aug. 21, 1984, Pub. L. 98–391, triotic service performed by the men and
§ 14, 98 Stat. 1360.
women of the Jewish faith and honor their
The words ‘‘the Commonwealth of Puerto Rico’’ are memory; and
omitted as included in ‘‘the territories and possessions (13) shield from neglect the graves of our he-
of the United States’’. roic dead.
§ 110102. Organization (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1367.)
(a) FEDERAL CHARTER.—Jewish War Veterans HISTORICAL AND REVISION NOTES
of the United States of America, Incorporated
Revised
(in this chapter, the ‘‘corporation’’), a nonprofit Section Source (U.S. Code) Source (Statutes at Large)
corporation incorporated in New York, is a fed-
110103 ......... 36:2703. Aug. 21, 1984, Pub. L. 98–391,
erally chartered corporation. § 3, 98 Stat. 1358.
(b) EXPIRATION OF CHARTER.—If the corpora-
tion does not comply with any provision of this Before clause (1), the word ‘‘objects’’ is omitted as in-
chapter, the charter granted by this chapter ex- cluded in ‘‘purposes’’.
pires.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1367.) § 110104. Membership

HISTORICAL AND REVISION NOTES Except as provided in this chapter, eligibility


for membership in the corporation and the
Revised
Source (U.S. Code) Source (Statutes at Large) rights and privileges of members are as provided
Section
in the constitution and bylaws of the corpora-
110102(a) ..... 36:2701(a). Aug. 21, 1984, Pub. L. 98–391, tion.
§§ 1(a), 15 (last sentence),
16, 98 Stat. 1358, 1361. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1367.)
110102(b) ..... 36:2714 (last sen-
tence).
36:2715. HISTORICAL AND REVISION NOTES

In subsection (a), the words ‘‘a nonprofit corporation Revised Source (U.S. Code) Source (Statutes at Large)
Section
incorporated in New York’’ are substituted for ‘‘orga-
nized and incorporated as a nonprofit entity under the 110104 ......... 36:2705. Aug. 21, 1984, Pub. L. 98–391,
laws of the State of New York’’, and the words ‘‘is a § 5, 98 Stat. 1359.
federally chartered corporation’’ are substituted for ‘‘is
hereby recognized as such and is granted a Federal
§ 110105. Governing body
charter’’, for consistency in the revised title and to
eliminate unnecessary words. (a) BOARD OF DIRECTORS.—The board of direc-
In subsection (b), the text of 36:2714 (last sentence) is
tors and the responsibilities of the board are as
omitted as included in 36:2715. The words ‘‘restrictions
or’’ are omitted as unnecessary. provided in the articles of incorporation.
(b) OFFICERS.—The officers and the election of
§ 110103. Purposes officers are as provided in the articles of incor-
poration.
The purposes of the corporation are as pro-
vided in its articles of incorporation and include (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1367.)
Page 149 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 110111
AND ORGANIZATIONS

HISTORICAL AND REVISION NOTES HISTORICAL AND REVISION NOTES

Revised Revised
Section Source (U.S. Code) Source (Statutes at Large) Section Source (U.S. Code) Source (Statutes at Large)

110105(a) ..... 36:2706. Aug. 21, 1984, Pub. L. 98–391, 110108(a) ..... 36:2701(b). Aug. 21, 1984, Pub. L. 98–391,
§§ 6, 7, 98 Stat. 1359. §§ 1(b), 15 (1st sentence), 98
110105(b) ..... 36:2707. Stat. 1358, 1361.
110108(b) ..... 36:2714 (1st sen-
tence).
§ 110106. Powers
In subsection (a), the words ‘‘retain and’’ and ‘‘orga-
The corporation has only the powers provided nized and’’ are omitted as unnecessary.
in its bylaws and articles of incorporation filed
in each State in which it is incorporated.
§ 110109. Records and inspection
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1367.)
(a) RECORDS.—The corporation shall keep—
HISTORICAL AND REVISION NOTES (1) correct and complete records of account;
(2) minutes of the proceedings of its mem-
Revised
Section Source (U.S. Code) Source (Statutes at Large) bers, board of directors, and committees hav-
ing any of the authority of its board of direc-
110106 ......... 36:2702. Aug. 21, 1984, Pub. L. 98–391,
§ 2, 98 Stat. 1358. tors; and
(3) at its principal office, a record of the
The words ‘‘and subject to the laws of such State or names and addresses of its members entitled
States’’ are omitted as unnecessary. to vote.
§ 110107. Restrictions (b) INSPECTION.—A member entitled to vote, or
an agent or attorney of the member, may in-
(a) STOCK AND DIVIDENDS.—The corporation spect the records of the corporation for any
may not issue stock or declare or pay a divi- proper purpose, at any reasonable time.
dend.
(b) DISTRIBUTION OF INCOME OR ASSETS.—The (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1368.)
income or assets of the corporation may not HISTORICAL AND REVISION NOTES
inure to the benefit of, or be distributed to, a di-
rector, officer, or member during the life of the Revised Source (U.S. Code) Source (Statutes at Large)
charter granted by this chapter. This subsection Section
does not prevent the payment of reasonable 110109 ......... 36:2710. Aug. 21, 1984, Pub. L. 98–391,
compensation to an officer or reimbursement for § 10, 98 Stat. 1360.
actual necessary expenses in amounts approved
The word ‘‘records’’ is substituted for ‘‘books and
by the board of directors. records’’ for consistency in the revised title and with
(c) LOANS.—The corporation may not make a other titles of the United States Code. The words
loan to a director, officer, or employee. ‘‘Nothing in this section shall be construed to con-
(d) CLAIM OF GOVERNMENTAL APPROVAL OR AU- travene any applicable State law’’ are omitted as un-
THORITY.—The corporation may not claim con- necessary.
gressional approval or the authority of the
United States Government for any of its activi- § 110110. Service of process
ties.
The corporation shall comply with the law on
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1368.) service of process of each State in which it is in-
HISTORICAL AND REVISION NOTES
corporated and each State in which it carries on
activities.
Revised
Section Source (U.S. Code) Source (Statutes at Large) (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1368.)
110107 ......... 36:2708. Aug. 21, 1984, Pub. L. 98–391, HISTORICAL AND REVISION NOTES
§ 8, 98 Stat. 1359.
Revised Source (U.S. Code) Source (Statutes at Large)
In subsection (a), the words ‘‘any shares of’’ are omit- Section
ted as unnecessary. 110110 ......... 36:2704. Aug. 21, 1984, Pub. L. 98–391,
In subsection (b), the words ‘‘inure to the benefit of’’ § 4, 98 Stat. 1359.
are substituted for ‘‘inure to’’ for consistency in the re-
vised title. The words ‘‘This subsection does not pre- The words ‘‘in furtherance of its corporate purposes’’
vent’’ are substituted for ‘‘Nothing in this subsection are omitted as unnecessary.
shall be construed to prevent’’ for consistency in the
revised title and to eliminate unnecessary words. § 110111. Liability for acts of officers and agents
§ 110108. Duty to maintain corporate and tax-ex- The corporation is liable for the acts of its of-
empt status ficers and agents acting within the scope of
(a) CORPORATE STATUS.—The corporation shall their authority.
maintain its status as a corporation incor- (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1368.)
porated under the laws of New York.
(b) TAX-EXEMPT STATUS.—The corporation HISTORICAL AND REVISION NOTES
shall maintain its status as an organization ex- Revised Source (U.S. Code) Source (Statutes at Large)
empt from taxation under the Internal Revenue Section
Code of 1986 (26 U.S.C. 1 et seq.). 110111 ......... 36:2709. Aug. 21, 1984, Pub. L. 98–391,
§ 9, 98 Stat. 1359.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1368.)
§ 110112 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 150
AND ORGANIZATIONS

§ 110112. Annual report icans of the Jewish faith in the Armed Forces
of the United States during the period of war;
The corporation shall submit an annual report (2) to gather, collate, edit, publish, and ex-
to Congress on the activities of the corporation hibit memorabilia, information, records, mili-
during the prior fiscal year. The report shall be tary awards, decorations, citations, and simi-
submitted at the same time as the report of the lar items, to preserve the memories and
audit required by section 10101 of this title. The records of patriotic service performed by men
report may not be printed as a public document. and women of the Jewish faith while in the
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1368.) Armed Forces of the United States in time of
war; and
HISTORICAL AND REVISION NOTES (3) to stimulate patriotism in the minds of
Revised all Americans by encouraging the study of the
Source (U.S. Code) Source (Statutes at Large)
Section military and naval history of the United
110112 ......... 36:2711. Aug. 21, 1984, Pub. L. 98–391, States.
§ 12, 98 Stat. 1360.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1369.)
TERMINATION OF REPORTING REQUIREMENTS HISTORICAL AND REVISION NOTES
For termination, effective May 15, 2000, of reporting
Revised
provisions in this section, see section 3003 of Pub. L. Section Source (U.S. Code) Source (Statutes at Large)
104–66, as amended, set out as a note under section 1113
of Title 31, Money and Finance, and page 201 of House 110302 ......... 36:913. Sept. 2, 1958, Pub. L. 85–903,
§ 3, 72 Stat. 1738.
Document No. 103–7.

CHAPTER 1103—JEWISH WAR VETERANS, Before clause (1), the word ‘‘purposes’’ is substituted
for ‘‘principles and objects’’ for consistency in the re-
U.S.A., NATIONAL MEMORIAL, INCOR-
vised title.
PORATED
§ 110303. Governing body
Sec.
110301. Organization. (a) BOARD OF DIRECTORS.—(1) The board of di-
110302. Purposes. rectors is the governing body of the corporation.
110303. Governing body.
Between meetings of the corporation, the board
110304. Powers.
110305. Restrictions. is responsible for the general policies and pro-
110306. Principal office. gram of the corporation. The board is respon-
110307. Records and inspection. sible for the control of all funds of the corpora-
110308. Service of process. tion.
110309. Liability for acts of officers and agents. (2) The number of directors, their manner of
110310. Distribution of assets on dissolution or final selection (including the filling of vacancies), and
liquidation. their term of office are as provided in the con-
§ 110301. Organization stitution and bylaws of the corporation. How-
ever, the board shall have at least 36 directors.
(a) FEDERAL CHARTER.—Jewish War Veterans, (b) OFFICERS.—(1) The officers of the corpora-
U.S.A., National Memorial, Incorporated (in this tion are a president, one or more vice presidents
chapter, the ‘‘corporation’’), is a federally char- as provided in the constitution and bylaws, a
tered corporation. secretary, and a treasurer.
(b) PLACE OF INCORPORATION AND DOMICILE.— (2) The manner of election, term of office, and
The corporation is declared to be a nonprofit duties of the officers are as provided in the con-
corporation incorporated and domiciled in the stitution and bylaws.
District of Columbia. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1369.)
(c) PERPETUAL EXISTENCE.—Except as other-
wise provided, the corporation has perpetual ex- HISTORICAL AND REVISION NOTES
istence.
Revised Source (U.S. Code) Source (Statutes at Large)
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1369.) Section

110303(a)(1) 36:916(c). Sept. 2, 1958, Pub. L. 85–903,


HISTORICAL AND REVISION NOTES §§ 6, 7, 72 Stat. 1739.
110303(a)(2) 36:916(a), (b).
Revised Source (U.S. Code) Source (Statutes at Large) 110303(b) ..... 36:917.
Section

110301 ......... 36:911. Sept. 2, 1958, Pub. L. 85–903, In subsection (a)(1), the word ‘‘funds’’ is substituted
§§ 1, 2, 4(a), 72 Stat. 1738, for ‘‘finances’’ for consistency in the revised title.
1739. In subsection (a)(2), the text of 36:916(a) and the word
36:912. ‘‘Thereafter’’ are omitted as executed.
36:914(a).
§ 110304. Powers
This section is substituted for the source provisions
for consistency in the revised title and to eliminate ex- The corporation may—
ecuted and unnecessary words. The text of 36:912 is (1) adopt and amend a constitution and by-
omitted as executed and obsolete. laws for the management of its property and
§ 110302. Purposes the regulation of its affairs;
(2) adopt and alter a corporate seal;
The purposes of the corporation are— (3) make contracts;
(1) to maintain and conduct a national me- (4) acquire, own, lease, encumber, and trans-
morial and museum dedicated to and com- fer property as necessary or convenient to
memorating the service and sacrifice by Amer- carry out the purposes of the corporation;
Page 151 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 110308
AND ORGANIZATIONS

(5) borrow money, issue instruments of in- severally liable to the corporation for the
debtedness, and secure its obligations by amount of the loan until it is repaid.
granting security interests in its property; and (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1370.)
(6) sue and be sued.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1369.) HISTORICAL AND REVISION NOTES

HISTORICAL AND REVISION NOTES Revised Source (U.S. Code) Source (Statutes at Large)
Section
Revised 110305(a) ..... 36:921. Sept. 2, 1958, Pub. L. 85–903,
Section Source (U.S. Code) Source (Statutes at Large)
§§ 8, 9, 11, 72 Stat. 1740.
110305(b) ..... 36:919.
110304 ......... 36:914(b)–(h). Sept. 2, 1958, Pub. L. 85–903, 110305(c) ..... 36:918(a).
§§ 4(b)–(h), 15, 72 Stat. 1739, 110305(d) ..... 36:918(b).
1741.
36:925.
In subsection (a), the words ‘‘any shares of’’ are omit-
In this section, the text of 36:925 is omitted as exe- ted as unnecessary.
cuted and obsolete. In subsection (b), the word ‘‘otherwise’’ is omitted as
In clause (1), the word ‘‘alter’’ is omitted as included unnecessary.
in ‘‘amend’’. The words ‘‘not inconsistent with the laws In subsection (c), the words ‘‘inure to the benefit of’’
of the United States’’ and ‘‘said constitution and by- are substituted for ‘‘inure to’’ for consistency in the re-
laws should likewise not be inconsistent with the laws vised title. The words ‘‘This subsection does not pre-
of any State in which the corporation is to operate’’ vent’’ are substituted for ‘‘Nothing in this section,
are omitted as unnecessary. however, shall be construed to prevent’’ for consistency
In clause (2), the word ‘‘use’’ is omitted as unneces- in the revised title and to eliminate unnecessary words.
sary.
In clause (3), the words ‘‘make contracts’’ are sub- § 110306. Principal office
stituted for ‘‘contract and be contracted with’’ for con-
sistency in the revised title. The principal office of the corporation shall be
Clause (4) is substituted for ‘‘to take by lease, gift, in the District of Columbia. However, the activi-
purchase, grant, devise, or bequest from any private ties of the corporation are not confined to the
corporation, association, partnership, firm, or individ- District of Columbia but may be conducted
ual, and to hold any property, real, personal, or mixed, throughout the States, territories, and posses-
necessary or convenient for attaining the objects and sions of the United States.
carrying into effect the purposes of the corporation’’
and ‘‘to transfer, convey, lease, sublease, encumber, (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1370.)
and otherwise alienate real, personal, or mixed prop-
erty’’ for consistency in the revised title and to elimi- HISTORICAL AND REVISION NOTES
nate unnecessary words. The words ‘‘subject, however,
Revised
to applicable provisions of law of any State (A) govern- Section Source (U.S. Code) Source (Statutes at Large)
ing the amount or kind of property which may be held
by, or (B) otherwise limiting or controlling the owner- 110306 ......... 36:915(a). Sept. 2, 1958, Pub. L. 85–903,
§ 5(a), 72 Stat. 1739.
ship of property by, a corporation operating in such
State’’ are omitted as unnecessary.
In clause (5), the words ‘‘for the purposes of the cor- The word ‘‘various’’ is omitted as unnecessary.
poration’’ are omitted as unnecessary. The words
‘‘issue instruments of indebtedness, and secure its obli- § 110307. Records and inspection
gations by granting security interests in its property’’ (a) RECORDS.—The corporation shall keep—
are substituted for ‘‘issue bonds therefor, and secure
(1) correct and complete records of account;
the same by mortgage, deed of trust, pledge, or other-
wise’’ for consistency in the revised title. The words (2) minutes of the proceedings of its mem-
‘‘subject in every case to all applicable provisions of bers, board of directors, and committees hav-
Federal and State laws’’ are omitted as unnecessary. ing any of the authority of its board of direc-
In clause (6), the words ‘‘complain and defend in any tors; and
court of competent jurisdiction’’ are omitted as unnec- (3) at its principal office, a record of the
essary. names and addresses of its members entitled
§ 110305. Restrictions to vote.

(a) STOCK AND DIVIDENDS.—The corporation (b) INSPECTION.—A member entitled to vote, or
may not issue stock or declare or pay a divi- an agent or attorney of the member, may in-
dend. spect the records of the corporation for any
(b) POLITICAL ACTIVITIES.—The corporation or proper purpose, at any reasonable time.
a director or officer as such may not contribute (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1370.)
to, support, or assist a political party or can-
didate for public office. HISTORICAL AND REVISION NOTES
(c) DISTRIBUTION OF INCOME OR ASSETS.—The Revised
Source (U.S. Code) Source (Statutes at Large)
income or assets of the corporation may not Section
inure to the benefit of, or be distributed to, a di- 110307 ......... 36:922. Sept. 2, 1958, Pub. L. 85–903,
rector or officer. This subsection does not pre- § 12, 72 Stat. 1740.
vent the payment of compensation to an officer
or employee in an amount approved by the exec- The word ‘‘records’’ is substituted for ‘‘books and
utive committee of the corporation. records’’ for consistency in the revised title and with
other titles of the United States Code.
(d) LOANS.—The corporation may not make a
loan to a director, officer, or employee. Direc- § 110308. Service of process
tors who vote for or assent to making a loan to
a director, officer, or employee, and officers who The corporation shall have a designated agent
participate in making the loan, are jointly and in its headquarters in the District of Columbia
§ 110309 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 152
AND ORGANIZATIONS

to receive service of process for the corporation. Sec.


Notice to or service on the agent, or mailed to 130109. Records and inspection.
130110. Service of process.
the headquarters of the corporation in the Dis- 130111. Liability for acts of officers and agents.
trict of Columbia, is notice to or service on the 130112. Annual report.
corporation. 130113. Distribution of assets on dissolution or final
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1370.) liquidation.

HISTORICAL AND REVISION NOTES § 130101. Organization

Revised
(a) FEDERAL CHARTER.—Ladies of the Grand
Section Source (U.S. Code) Source (Statutes at Large) Army of the Republic (in this chapter, the ‘‘cor-
110308 ......... 36:915(b). Sept. 2, 1958, Pub. L. 85–903,
poration’’) is a federally chartered corporation.
§ 5(b), 72 Stat. 1739. (b) PLACE OF INCORPORATION AND DOMICILE.—
The corporation is declared to be incorporated
The words ‘‘at all times’’ are omitted as unnecessary. and domiciled in the District of Columbia.
(c) PERPETUAL EXISTENCE.—Except as other-
§ 110309. Liability for acts of officers and agents wise provided, the corporation has perpetual ex-
The corporation is liable for the acts of its of- istence.
ficers and agents acting within the scope of (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1371.)
their authority.
HISTORICAL AND REVISION NOTES
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1370.)
Revised Source (U.S. Code) Source (Statutes at Large)
HISTORICAL AND REVISION NOTES Section

Revised 130101 ......... 36:78. June 17, 1959, Pub. L. 86–47,


Section Source (U.S. Code) Source (Statutes at Large) §§ 1, 2, 4(1), 73 Stat. 76, 77.
36:78a.
110309 ......... 36:920. Sept. 2, 1958, Pub. L. 85–903, 36:78c(1).
§ 10, 72 Stat. 1740.
This section is substituted for the source provisions
§ 110310. Distribution of assets on dissolution or for consistency in the revised title and to eliminate ex-
ecuted and unnecessary words. The text of 36:78a is
final liquidation
omitted as executed and obsolete.
On dissolution or final liquidation of the cor-
§ 130102. Purposes
poration, any assets remaining after the dis-
charge of all liabilities shall be distributed as The purposes of the corporation are—
provided by the board of directors, but in com- (1) to perpetuate the memory of the Grand
pliance with the constitution and bylaws of the Army of the Republic and of the men who
corporation. This section does not allow assets saved the Union in 1861 to 1865;
to be distributed to an officer or employee or to (2) to assist in every practicable way in pre-
inure to the benefit of a private person. serving, and making available for research,
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1370.) documents and records pertaining to the
Grand Army of the Republic and its members;
HISTORICAL AND REVISION NOTES (3) to cooperate in doing honor to all those
who have served our country patriotically in
Revised
Section Source (U.S. Code) Source (Statutes at Large) any way;
(4) to teach patriotism, the duties of citizen-
110310 ......... 36:924. Sept. 2, 1958, Pub. L. 85–903,
§ 14, 72 Stat. 1741. ship, the true history of our country, and the
love and honor of our flag;
The words ‘‘dissolution or final liquidation’’ are sub- (5) to oppose every tendency or movement
stituted for ‘‘final dissolution or liquidation’’ for con- that would weaken loyalty to, destroy, or im-
sistency in the revised title. The word ‘‘satisfaction’’ is pair our constitutional Union; and
omitted as included in ‘‘discharge’’, and the word ‘‘obli- (6) to inculcate and broadly sustain the
gations’’ is omitted as included in ‘‘liabilities’’. The
words ‘‘outstanding’’ and ‘‘all Federal and State laws
American principles of representative govern-
applicable thereto’’ are omitted as unnecessary. The ment, equal rights, and impartial justice for
words ‘‘This section does not allow’’ are substituted for all.
‘‘Nothing in this section shall be construed so as to per- (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1371.)
mit’’ for consistency in the revised title.
HISTORICAL AND REVISION NOTES
CHAPTER 1201—[RESERVED]
Revised Source (U.S. Code) Source (Statutes at Large)
CHAPTER 1301—LADIES OF THE GRAND Section
ARMY OF THE REPUBLIC 130102 ......... 36:78b. June 17, 1959, Pub. L. 86–47,
§ 3, 73 Stat. 77.
Sec.
130101. Organization. In clause (5), the words ‘‘destroy, or impair’’ are sub-
130102. Purposes. stituted for ‘‘make for the destruction or impairment
130103. Membership. of’’ to eliminate unnecessary words.
130104. Governing body.
130105. Powers. § 130103. Membership
130106. Exclusive right to name, seals, emblems, and
badges. (a) ELIGIBILITY.—(1) Except as provided in this
130107. Restrictions. chapter, eligibility for membership in the cor-
130108. Principal office. poration and the rights, privileges, and designa-
Page 153 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 130105
AND ORGANIZATIONS

tion of classes of members are as provided in the ‘‘State or Territory’’ for consistency in the revised
constitution and bylaws of the corporation. title and with other titles of the United States Code.
(2) Eligibility for membership is limited to fe-
male blood relatives of an individual who— § 130105. Powers
(A) served at any time during the period The corporation may—
April 12, 1861, through April 9, 1865, as a soldier (1) adopt and amend a constitution and by-
or sailor in— laws for the management of its property and
(i) the United States Army, Navy, Marine the regulation of its affairs;
Corps, or Revenue-Cutter Service; or (2) adopt and alter a corporate seal;
(ii) a State regiment that was called into (3) choose officers, managers, agents, and
active service and was subject to orders of employees as the activities of the corporation
United States general officers during that require;
period; and (4) make contracts;
(B) was honorably discharged from, or died (5) acquire, own, lease, encumber, and trans-
in, that service. fer property as necessary or convenient to
carry out the purposes of the corporation;
(b) VOTING.—Each member has one vote on (6) borrow money, issue instruments of in-
each matter submitted to a vote at a meeting of debtedness, and secure its obligations by
the members. granting security interests in its property;
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1371.) (7) sue and be sued; and
(8) do any other act necessary and proper to
HISTORICAL AND REVISION NOTES
carry out the purposes of the corporation.
Revised Source (U.S. Code) Source (Statutes at Large) (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1372.)
Section

130103 ......... 36:78d. June 17, 1959, Pub. L. 86–47, HISTORICAL AND REVISION NOTES
§ 5, 73 Stat. 78.
Revised
Section Source (U.S. Code) Source (Statutes at Large)
In subsection (a)(1), the words ‘‘are as provided in the
constitution and bylaws of the corporation’’ are sub- 130105 ......... 36:78c(2)–(10). June 17, 1959, Pub. L. 86–47,
stituted for ‘‘shall . . . be determined as the constitu- § 4(2)–(10), 73 Stat. 77.
tion and bylaws of the corporation may provide’’ for
consistency in the revised title. In clause (1), the word ‘‘alter’’ is omitted as included
In subsection (a)(2)(A), the words ‘‘at any time’’ are in ‘‘amend’’. The words ‘‘not inconsistent with the laws
added for clarity. of the United States or of any State in which the cor-
poration is to operate’’ are omitted as unnecessary.
§ 130104. Governing body In clause (2), the word ‘‘use’’ is omitted as unneces-
sary.
(a) NATIONAL CONVENTION.—(1) The national In clause (4), the words ‘‘make contracts’’ are sub-
convention is the supreme governing authority stituted for ‘‘contract and be contracted with’’ for con-
of the corporation. sistency in the revised title and to eliminate unneces-
(2) The national convention is composed of of- sary words.
ficers and elected representatives from the Clause (5) is substituted for ‘‘take by lease, gift, pur-
States and other local subdivisions of the cor- chase, grant, devise, or bequest from any public body or
poration as provided in the constitution and by- agency or any private corporation, association, part-
nership, firm, or individual and to hold absolutely or in
laws. However, the form of government of the
trust for any of the purposes of the corporation any
corporation must be representative of the mem- property, real, personal, or mixed, necessary or conven-
bership at large and may not permit concentra- ient for attaining the objects and carrying into effect
tion of control in a limited number of members the purposes of the corporation’’ and ‘‘transfer, convey,
or in a self-perpetuating group not representa- lease, sublease, encumber and otherwise alienate real,
tive of the membership at large. personal, or mixed property’’ for consistency in the re-
(3) The meetings of the national convention vised title and to eliminate unnecessary words. The
may be held in the District of Columbia or in words ‘‘subject, however, to applicable provisions of
law of any State (A) governing the amount or kind of
any State, territory, or possession of the United
property which may be held by, or (B) otherwise limit-
States. ing or controlling the ownership of property by, a cor-
(b) OFFICERS.—The titles, manner of selection, poration operating in such State’’ are omitted as un-
term of office, and duties of the officers are as necessary.
provided in the constitution and bylaws of the In clause (6), the words ‘‘for the purposes of the cor-
corporation. poration’’ are omitted as unnecessary. The words
‘‘issue instruments of indebtedness, and secure its obli-
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1372.) gations by granting security interests in its property’’
HISTORICAL AND REVISION NOTES are substituted for ‘‘issue bonds therefor, and secure
the same by mortgage, deed of trust, pledge or other-
Revised wise’’ for consistency in the revised title. The words
Source (U.S. Code) Source (Statutes at Large)
Section ‘‘subject in every case to all applicable provisions of
Federal and State laws’’ are omitted as unnecessary.
130104(a) ..... 36:78e. June 17, 1959, Pub. L. 86–47,
§§ 6, 7, 73 Stat. 78. In clause (7), the words ‘‘complain and defend in any
130104(b) ..... 36:78f. court of competent jurisdiction’’ are omitted as unnec-
essary.
In subsection (a)(2), the words ‘‘several’’, ‘‘always’’, In clause (8), the words ‘‘any other act’’ are sub-
‘‘thereof’’, and ‘‘the hands of’’ are omitted as unneces- stituted for ‘‘any and all acts and things’’ for consist-
sary. ency in the revised title and to eliminate unnecessary
In subsection (a)(3), the words ‘‘State, territory, or words. The word ‘‘objects’’ is omitted as included in
possession of the United States’’ are substituted for ‘‘purposes’’.
§ 130106 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 154
AND ORGANIZATIONS

§ 130106. Exclusive right to name, seals, emblems, § 130108. Principal office


and badges
The principal office of the corporation shall be
The corporation and its subordinate divisions in the District of Columbia or another place de-
have the exclusive right to use the name ‘‘La- cided by the corporation. However, the activi-
dies of the Grand Army of the Republic’’. The ties of the corporation are not confined to the
corporation has the exclusive right to use and to place where the principal office is located but
allow others to use seals, emblems, and badges may be conducted throughout the States, terri-
the corporation adopts. tories, and possessions of the United States.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1372.) (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1373.)
HISTORICAL AND REVISION NOTES HISTORICAL AND REVISION NOTES
Revised Source (U.S. Code) Source (Statutes at Large) Revised
Section Section Source (U.S. Code) Source (Statutes at Large)

130106 ......... 36:78o. June 17, 1959, Pub. L. 86–47, 130108 ......... 36:78g(a). June 17, 1959, Pub. L. 86–47,
§ 16, 73 Stat. 79. § 8(a), 73 Stat. 78.

The word ‘‘sole’’ is omitted as included in ‘‘exclu- The word ‘‘various’’ is omitted as unnecessary.
sive’’. The words ‘‘allow others to use’’ are substituted
for ‘‘allow or refuse the use of’’, and the words ‘‘the cor-
poration adopts’’ are substituted for ‘‘as have here- § 130109. Records and inspection
tofore been used by the Ladies of the Grand Army of (a) RECORDS.—The corporation shall keep—
the Republic’’, for consistency in the revised title.
(1) correct and complete records of account;
§ 130107. Restrictions and
(2) minutes of the proceedings of its national
(a) STOCK AND DIVIDENDS.—The corporation conventions and council of administration.
may not issue stock or declare or pay a divi-
dend. (b) INSPECTION.—A member, or an agent or at-
(b) POLITICAL ACTIVITIES.—The corporation or torney of the member, may inspect the records
an officer or agent as such may not contribute of the corporation for any proper purpose, at
to a political party or candidate for public of- any reasonable time.
fice.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1373.)
(c) DISTRIBUTION OF INCOME OR ASSETS.—The
income or assets of the corporation may not HISTORICAL AND REVISION NOTES
inure to the benefit of, or be distributed to, an
officer or member during the life of the corpora- Revised
Section Source (U.S. Code) Source (Statutes at Large)
tion or on its dissolution or final liquidation.
This subsection does not prevent the payment of 130109 ......... 36:78l. June 17, 1959, Pub. L. 86–47,
§ 13, 73 Stat. 79.
compensation to an officer or reimbursement for
actual necessary expenses in amounts approved In this section, the word ‘‘records’’ is substituted for
by the council of administration of the corpora- ‘‘books and records’’ for consistency in the revised title
tion. and to eliminate unnecessary words.
(d) LOANS.—The corporation may not make a In subsection (a)(2), the reference to the ‘‘council of
loan or advance to an officer or employee. Mem- administration’’ is retained although there is no coun-
bers of the council of administration who vote cil of administration created by 36:78e or 36:78f.
for or assent to making a loan or advance to an
officer or employee, and officers who participate § 130110. Service of process
in making the loan or advance, are jointly and The corporation shall have a designated agent
severally liable to the corporation for the in the District of Columbia to receive service of
amount of the loan or advance until it is repaid. process for the corporation. Notice to or service
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1372.) on the agent, or mailed to the business address
of the agent, is notice to or service on the cor-
HISTORICAL AND REVISION NOTES
poration.
Revised Source (U.S. Code) Source (Statutes at Large) (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1373.)
Section

130107(a) ..... 36:78k. June 17, 1959, Pub. L. 86–47, HISTORICAL AND REVISION NOTES
§§ 9, 10, 12, 73 Stat. 78, 79.
130107(b) ..... 36:78i. Revised
130107(c) ..... 36:78h(a). Section Source (U.S. Code) Source (Statutes at Large)
130107(d) ..... 36:78h(b).
130110 ......... 36:78g(b). June 17, 1959, Pub. L. 86–47,
In subsection (a), the words ‘‘any shares of’’ are omit- § 8(b), 73 Stat. 78.
ted as unnecessary.
In subsections (c) and (d), the reference to the ‘‘coun- The words ‘‘at all times’’ are omitted as unnecessary.
cil of administration’’ is retained although there is no The words ‘‘to receive’’ are substituted for ‘‘authorized
council of administration created by 36:78e or 36:78f. to accept’’ for consistency in the revised title.
In subsection (c), the words ‘‘inure to the benefit of’’
are substituted for ‘‘inure to’’ for consistency in the re- § 130111. Liability for acts of officers and agents
vised title. The words ‘‘This subsection does not pre-
vent’’ are substituted for ‘‘Nothing in this subsection, The corporation is liable for the acts of its of-
however, shall be construed to prevent’’ for consistency ficers and agents acting within the scope of
in the revised title and to eliminate unnecessary words. their authority.
In subsection (d), the words ‘‘or advance’’ are added
in 2 places for consistency in the subsection. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1373.)
Page 155 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 130302
AND ORGANIZATIONS

HISTORICAL AND REVISION NOTES Sec.


130310. Liability for acts of officers and agents.
Revised
Source (U.S. Code) Source (Statutes at Large) 130311. Distribution of assets on dissolution or final
Section liquidation.
130111 ......... 36:78j. June 17, 1959, Pub. L. 86–47,
§ 11, 73 Stat. 79. § 130301. Organization
(a) FEDERAL CHARTER.—Legion of Valor of the
§ 130112. Annual report United States of America, Incorporated (in this
Not later than March 1 of each year, the cor- chapter, the ‘‘corporation’’), is a federally char-
poration shall submit a report to Congress on tered corporation.
(b) PLACE OF INCORPORATION AND DOMICILE.—
the activities of the corporation during the prior
The corporation is declared to be incorporated
fiscal year. The report may consist of a report
and domiciled in the District of Columbia.
on the proceedings of the national convention. (c) PERPETUAL EXISTENCE.—Except as other-
The report may not be printed as a public docu- wise provided, the corporation has perpetual ex-
ment. istence.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1373.) (d) REFERENCES TO ARMY AND NAVY LEGION OF
VALOR OF THE UNITED STATES OF AMERICA, IN-
HISTORICAL AND REVISION NOTES CORPORATED.—Any reference to the Army and
Revised
Navy Legion of Valor of the United States of
Section Source (U.S. Code) Source (Statutes at Large) America, Incorporated, is deemed to refer to the
130112 ......... 36:78n. June 17, 1959, Pub. L. 86–47,
Legion of Valor of the United States of America,
§ 15, 73 Stat. 79. Incorporated.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1374.)
TERMINATION OF REPORTING REQUIREMENTS
For termination, effective May 15, 2000, of reporting HISTORICAL AND REVISION NOTES
provisions in this section, see section 3003 of Pub. L. Revised
104–66, as amended, set out as a note under section 1113 Section Source (U.S. Code) Source (Statutes at Large)
of Title 31, Money and Finance, and page 201 of House
Document No. 103–7. 130301(a) ..... 36:631 (related to Aug. 4, 1955, ch. 546, §§ 1, 2,
creation and dec- 4(1), 69 Stat. 486, 487.
laration of incor-
§ 130113. Distribution of assets on dissolution or poration).
36:632.
final liquidation 130301(b) ..... 36:631 (related to
place of incorpo-
On dissolution or final liquidation of the cor- ration and domi-
poration, any assets remaining after the dis- cile).
130301(c) ..... 36:631 (related to
charge of all liabilities shall be distributed as perpetual succes-
provided by the council of administration, but sion).
36:634(1).
in compliance with the constitution and bylaws 130301(d) ..... 36:648. June 21, 1961, Pub. L. 87–56,
of the corporation. § 1, 75 Stat. 95.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1373.) This section is substituted for the source provisions
for consistency in the revised title and to eliminate ex-
HISTORICAL AND REVISION NOTES ecuted and unnecessary words.
In subsection (a), the text of 36:632 is omitted as exe-
Revised cuted and obsolete.
Section Source (U.S. Code) Source (Statutes at Large)
In subsection (d), the words ‘‘The corporation known
130113 ......... 36:78p. June 17, 1959, Pub. L. 86–47, as the Army and Navy Legion of Valor of the United
§ 17, 73 Stat. 80. States of America, Incorporated, which was incor-
porated by the Act entitled ‘An Act to Incorporate the
The word ‘‘satisfaction’’ is omitted as included in Army and Navy Legion of Valor of the United States of
‘‘discharge’’, and the word ‘‘obligations’’ is omitted as America’, approved August 4, 1955 (69 Stat. 486), shall be
included in ‘‘liabilities’’. The word ‘‘outstanding’’ is known and designated on and after June 21, 1961 as the
omitted as unnecessary. The words ‘‘as provided by’’ Legion of Valor of the United States of America, Incor-
are substituted for ‘‘in accordance with the determina- porated, and’’ are omitted as executed. The words
tion of’’ for consistency in the revised title and to ‘‘such corporation under the name of’’ and ‘‘such cor-
eliminate unnecessary words. The reference to the poration under and by the name of’’ are omitted as un-
‘‘council of administration’’ is retained although there necessary. The words ‘‘is deemed’’ are substituted for
is no council of administration created by 36:78e or ‘‘shall be held’’ for consistency in the revised title.
36:78f. The words ‘‘all Federal and State laws applicable
thereto’’ are omitted as unnecessary. § 130302. Principles and purposes
CHAPTER 1303—LEGION OF VALOR OF THE (a) PRINCIPLES.—The principles underlying the
UNITED STATES OF AMERICA, INCOR- corporation are patriotic allegiance to the
PORATED United States of America, fidelity to the con-
stitution and laws of the United States, the se-
Sec. curity of civil liberty, and the permanence of
130301. Organization. free institutions.
130302. Principles and purposes.
(b) PURPOSES.—The purposes of the corpora-
130303. Membership.
130304. Governing body. tion are—
130305. Powers. (1) to cherish the memories of the valiant
130306. Restrictions. deeds in arms for which the Congressional
130307. Principal office. Medal of Honor, the Distinguished Service
130308. Records and inspection. Cross, the Navy Cross, and the Air Force Cross
130309. Service of process. are the insignia;
§ 130303 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 156
AND ORGANIZATIONS

(2) to promote true fellowship among its In subsection (b), the words ‘‘on terms’’ are sub-
members; stituted for ‘‘under such conditions and upon such
(3) to advance the best interests of members terms’’ to eliminate unnecessary words.
In subsection (c), the words ‘‘the right to’’ are omit-
of the Armed Forces of the United States of
ted as unnecessary.
America; The text of 36:636(d) is omitted as obsolete.
(4) to extend all possible relief to needy
members of the corporation and their widows § 130304. Governing body
and children; and
(a) BOARD OF DIRECTORS.—(1) The board of di-
(5) to stimulate patriotism in the minds of
rectors is the governing body of the corporation.
our youth by encouraging the study of the pa-
Between meetings of the corporation, the board
triotic, military, and naval history of our Na-
is responsible for the general policies and pro-
tion.
gram of the corporation. The board is respon-
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1374.) sible for all funds of the corporation.
HISTORICAL AND REVISION NOTES
(2) The number of directors, their manner of
selection (including the filling of vacancies), and
Revised Source (U.S. Code) Source (Statutes at Large)
their term of office are as provided in the con-
Section stitution and bylaws of the corporation. How-
130302 ......... 36:633. Aug. 4, 1955, ch. 546, § 3, 69 ever, the board shall have at least 10 directors.
Stat. 487; June 21, 1961, (b) OFFICERS.—(1) The officers of the corpora-
Pub. L. 87–56, § 2, 75 Stat.
95. tion are a commander, a senior vice commander,
a junior vice commander, a chaplain, an adju-
In subsection (b), the word ‘‘purposes’’ is substituted tant and quartermaster, a judge advocate, an in-
for ‘‘objects’’ for consistency in the revised title. The spector, a surgeon, a historian, and any aides-de-
words ‘‘Navy Cross’’ are restated before ‘‘Air Force
camp provided in the constitution and bylaws.
Cross’’ in accordance with the order preferred by the
Legion of Valor of the United States of America, Incor-
(2) The manner of election, term of office, and
porated. duties of the officers are as provided in the con-
stitution and bylaws.
§ 130303. Membership
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1375.)
(a) ELIGIBILITY.—An individual is eligible for
HISTORICAL AND REVISION NOTES
active membership in the corporation if the in-
dividual— Revised
Source (U.S. Code) Source (Statutes at Large)
(1) is of good moral character; and Section
(2) has received a Congressional Medal of 130304(a) ..... 36:637. Aug. 4, 1955, ch. 546, §§ 7, 8, 69
Honor, a Distinguished Service Cross, a Navy Stat. 488.
130304(b) ..... 36:638.
Cross, or an Air Force Cross awarded for acts
of extraordinary heroism in connection with In subsection (a), the text of 36:637(a) and the word
military or naval operations against an armed ‘‘Thereafter’’ in 36:637(b) are omitted as executed and
enemy, or for heroism of a specially distin- obsolete. In paragraph (1), the word ‘‘funds’’ is sub-
guished character, as a member of the Armed stituted for ‘‘finances’’ for consistency in the revised
Forces of the United States or any foreign title.
country.
§ 130305. Powers
(b) EXTENSION OF ELIGIBILITY TO PARENTS AND
DESCENDANTS.—The corporation may extend eli- The corporation may—
gibility for membership, either active or associ- (1) adopt and amend a constitution and by-
ate, to parents and lineal descendants of an indi- laws for the management of its property and
vidual described in subsection (a) of this section the regulation of its affairs;
(2) adopt and alter a corporate seal;
on terms provided in its constitution and by-
(3) make contracts;
laws.
(4) acquire, own, lease, encumber, and trans-
(c) VOTING.—Each member (except an associ-
fer property as necessary or convenient to
ate member) has one vote on each matter sub-
carry out the purposes of the corporation;
mitted to a vote at a meeting of the members.
(5) borrow money, issue instruments of in-
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1374.) debtedness, and secure its obligations by
granting security interests in its property;
HISTORICAL AND REVISION NOTES
(6) charge and collect membership dues; and
Revised (7) sue and be sued.
Section Source (U.S. Code) Source (Statutes at Large)
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1375.)
130303 ......... 36:636. Aug. 4, 1955, ch. 546, § 6, 69
Stat. 488; June 21, 1961, HISTORICAL AND REVISION NOTES
Pub. L. 87–56, § 2, 75 Stat.
95.
Revised Source (U.S. Code) Source (Statutes at Large)
Section
In subsection (a)(2), the words ‘‘has received’’ are sub-
stituted for ‘‘who have received or who may hereafter 130305 ......... 36:634(2)–(9). Aug. 4, 1955, ch. 546,
§§ 4(2)–(9), 16, 69 Stat. 487,
receive’’ to eliminate unnecessary words. The words 490.
‘‘Navy Cross’’ are restated before ‘‘Air Force Cross’’ in 36:646.
accordance with the order preferred by the Legion of
Valor of the United States of America, Incorporated. In this section, the text of 36:646 is omitted as exe-
The words ‘‘as a member’’ are substituted for ‘‘are, cuted and obsolete.
have been, or may become members . . . of whatever In clause (1), the word ‘‘alter’’ is omitted as included
rank’’ for clarity and to eliminate unnecessary words. in ‘‘amend’’. The words ‘‘not inconsistent with the laws
Page 157 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 130309
AND ORGANIZATIONS

of the United States or any State in which the corpora- vised title. The words ‘‘as provided in section 645 of this
tion is to operate’’ are omitted as unnecessary. title’’ are omitted as unnecessary. The words ‘‘This
In clause (2), the word ‘‘use’’ is omitted as unneces- subsection does not prevent’’ are substituted for ‘‘Noth-
sary. ing in this subsection, however, shall be construed to
In clause (3), the words ‘‘make contracts’’ are sub- prevent’’ for consistency in the revised title and to
stituted for ‘‘contract and be contracted with’’ for con- eliminate unnecessary words. The reference to the ‘‘ex-
sistency in the revised title. ecutive committee of the corporation’’ is retained al-
Clause (4) is substituted for ‘‘to take by lease, gift, though 36:637 and 36:638 do not create an executive com-
purchase, grant, devise, or bequest from any private mittee.
corporation, association, partnership, firm, or individ-
ual and to hold any property, real, personal, or mixed, § 130307. Principal office
necessary or convenient for attaining the objects and The principal office of the corporation shall be
carrying into effect the purposes of the corporation’’
in a place decided by the board of directors.
and ‘‘to transfer, convey, lease, sublease, encumber,
and otherwise alienate real, personal or mixed prop- However, the activities of the corporation are
erty’’ for consistency in the revised title and to elimi- not confined to the place where the principal of-
nate unnecessary words. The words ‘‘subject, however, fice is located but may be conducted throughout
to applicable provisions of law of any State (A) govern- the States, territories, and possessions of the
ing the amount or kind of property which may be held United States.
by, or (B) otherwise limiting or controlling the owner-
ship of property by, a corporation operating in such
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1376.)
State’’ are omitted as unnecessary. HISTORICAL AND REVISION NOTES
In clause (5), the words ‘‘for the purposes of the cor-
poration’’ are omitted as unnecessary. The words Revised Source (U.S. Code) Source (Statutes at Large)
‘‘issue instruments of indebtedness, and secure its obli- Section
gations by granting security interests in its property’’ 130307 ......... 36:635(a). Aug. 4, 1955, ch. 546, § 5(a), 69
are substituted for ‘‘issue bonds therefor, and secure Stat. 487.
the same by mortgage, deed of trust, pledge, or other-
wise’’ for consistency in the revised title. The words The words ‘‘a place decided’’ are substituted for
‘‘subject in every case to all applicable provisions of ‘‘Pittsburgh, Pennsylvania, or in such other place as
Federal and State laws’’ are omitted as unnecessary. may later be determined’’, and the word ‘‘various’’ is
In clause (7), the words ‘‘complain and defend in any omitted, to eliminate unnecessary words.
court of competent jurisdiction’’ are omitted as unnec-
essary. § 130308. Records and inspection

§ 130306. Restrictions (a) RECORDS.—The corporation shall keep—


(1) correct and complete records of account;
(a) STOCK AND DIVIDENDS.—The corporation (2) minutes of the proceedings of its mem-
may not issue stock or declare or pay a divi- bers, board of directors, and committees hav-
dend. ing any of the authority of its board of direc-
(b) POLITICAL ACTIVITIES.—The corporation or tors; and
a director or officer as such may not contribute (3) at its principal office, a record of the
to, support, or assist a political party or can- names and addresses of its members entitled
didate for public office. to vote.
(c) DISTRIBUTION OF INCOME OR ASSETS.—The (b) INSPECTION.—A member entitled to vote, or
income or assets of the corporation may not an agent or attorney of the member, may in-
inure to the benefit of, or be distributed to, a di- spect the records of the corporation for any
rector, officer, or member except on dissolution proper purpose, at any reasonable time.
or final liquidation of the corporation. This sub- (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1376.)
section does not prevent the payment of com-
pensation to an officer in an amount approved HISTORICAL AND REVISION NOTES
by the executive committee of the corporation.
Revised
(d) LOANS.—The corporation may not make a Section Source (U.S. Code) Source (Statutes at Large)
loan to a director, officer, or employee. Direc-
130308 ......... 36:643. Aug. 4, 1955, ch. 546, § 13, 69
tors who vote for or assent to making a loan to Stat. 489.
a director, officer, or employee, and officers who
participate in making the loan, are jointly and The word ‘‘records’’ is substituted for ‘‘books and
severally liable to the corporation for the records’’ for consistency in the revised title and to
amount of the loan until it is repaid. eliminate unnecessary words.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1375.) § 130309. Service of process
HISTORICAL AND REVISION NOTES The corporation shall have a designated agent
in the District of Columbia to receive service of
Revised Source (U.S. Code) Source (Statutes at Large) process for the corporation. Notice to or service
Section
on the agent, or mailed to the business address
130306(a) ..... 36:642. Aug. 4, 1955, ch. 546, §§ 9, 10, of the agent, is notice to or service on the cor-
12, 69 Stat. 489.
130306(b) ..... 36:640. poration.
130306(c) ..... 36:639(a).
130306(d) ..... 36:639(b). (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1376.)
HISTORICAL AND REVISION NOTES
In subsection (a), the words ‘‘any shares of’’ are omit-
ted as unnecessary. Revised
In subsection (b), the words ‘‘or otherwise’’ are omit- Section Source (U.S. Code) Source (Statutes at Large)
ted as unnecessary.
In subsection (c), the words ‘‘inure to the benefit of’’ 130309 ......... 36:635(b). Aug. 4, 1955, ch. 546, § 5(b), 69
Stat. 488.
are substituted for ‘‘inure to’’ for consistency in the re-
§ 130310 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 158
AND ORGANIZATIONS

§ 130310. Liability for acts of officers and agents This section is substituted for the source provisions
for consistency in the revised title and to eliminate ex-
The corporation is liable for the acts of its of- ecuted and unnecessary words. The text of 36:1072 is
ficers and agents acting within the scope of omitted as executed.
their authority.
§ 130502. Purposes
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1376.)
The purposes of the corporation are—
HISTORICAL AND REVISION NOTES (1) to promote, develop, supervise, and vol-
Revised untarily assist in all lawful ways the interest
Source (U.S. Code) Source (Statutes at Large)
Section of young people who participate in Little
130310 ......... 36:641. Aug. 4, 1955, ch. 546, § 11, 69
League baseball;
Stat. 489. (2) to help and voluntarily assist young peo-
ple in developing qualities of citizenship and
§ 130311. Distribution of assets on dissolution or sportsmanship; and
final liquidation (3) using the disciplines of the native Amer-
ican game of baseball, to teach spirit and com-
On dissolution or final liquidation of the cor- petitive will to win, physical fitness through
poration, any assets remaining after the dis- individual sacrifice, the values of team play,
charge of all liabilities shall be distributed as and wholesome well being through healthy so-
provided by the board of directors, but in com- cial association with other youngsters under
pliance with the constitution and bylaws of the proper leadership.
corporation.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1377.)
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1376.)
HISTORICAL AND REVISION NOTES
HISTORICAL AND REVISION NOTES
Revised
Revised Section Source (U.S. Code) Source (Statutes at Large)
Section Source (U.S. Code) Source (Statutes at Large)
130502 ......... 36:1073. July 16, 1964, Pub. L. 88–378,
130311 ......... 36:645. Aug. 4, 1955, ch. 546, § 15, 69 § 3, 78 Stat. 325; Dec. 26,
Stat. 490. 1974, Pub. L. 93–551, 88
Stat. 1744.
The words ‘‘dissolution or final liquidation’’ are sub-
stituted for ‘‘final dissolution or liquidation’’ for con- Before clause (1), the word ‘‘objects’’ is omitted as in-
sistency in the revised title. The word ‘‘satisfaction’’ is cluded in ‘‘purposes’’.
omitted as included in ‘‘discharge’’, and the word ‘‘obli-
gations’’ is omitted as included in ‘‘liabilities’’. The § 130503. Membership
word ‘‘outstanding’’ is omitted as unnecessary. The
words ‘‘as provided by’’ are substituted for ‘‘in accord-
(a) ELIGIBILITY.—Except as provided in this
ance with the determination of’’ for consistency in the chapter, eligibility for membership in the cor-
revised title. The words ‘‘all Federal and State laws ap- poration and the rights and privileges of mem-
plicable thereto’’ are omitted as unnecessary. bers are as provided in the constitution and by-
laws of the corporation.
CHAPTER 1305—LITTLE LEAGUE BASEBALL, (b) VOTING.—Each member (except an honor-
INCORPORATED ary or associate member) has one vote on each
Sec. matter submitted to a vote at a meeting of the
130501. Organization. members.
130502. Purposes.
130503. Membership. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1377.)
130504. Governing body.
130505. Powers. HISTORICAL AND REVISION NOTES
130506. Exclusive right to name and emblems.
130507. Restrictions. Revised
Section Source (U.S. Code) Source (Statutes at Large)
130508. Principal office.
130509. Records and inspection. 130503 ......... 36:1076. July 16, 1964, Pub. L. 88–378,
130510. Statement required in audit report. § 6, 78 Stat. 326.
130511. Service of process.
130512. Liability for acts of officers and agents.
130513. Distribution of assets on dissolution or final § 130504. Governing body
liquidation. (a) BOARD OF DIRECTORS.—(1) The board of di-
§ 130501. Organization rectors is the governing body of the corporation.
Between meetings of the corporation, the board
(a) FEDERAL CHARTER.—Little League Base- is responsible for the general policies and pro-
ball, Incorporated (in this chapter, the ‘‘corpora- gram of the corporation. The board is respon-
tion’’), is a federally chartered corporation. sible for the control of all funds of the corpora-
(b) PERPETUAL EXISTENCE.—Except as other- tion.
wise provided, the corporation has perpetual ex- (2) The number of directors, their manner of
istence. selection (including the filling of vacancies), and
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1376.) their term of office are as provided in the con-
stitution and bylaws of the corporation. How-
HISTORICAL AND REVISION NOTES
ever, the board shall have at least 13 directors.
Revised (b) OFFICERS.—(1) The officers of the corpora-
Section Source (U.S. Code) Source (Statutes at Large)
tion are a chairman of the board of directors, a
130501 ......... 36:1071. July 16, 1964, Pub. L. 88–378, president, a vice president, and a secretary-
§§ 1, 2, 78 Stat. 325. treasurer. Their duties are as provided in the
36:1072.
constitution and bylaws of the corporation.
Page 159 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 130507
AND ORGANIZATIONS

(2) The officers shall be elected annually at ject to applicable provisions of law in any State (A)
the annual meeting of the corporation. governing the amount or kind of real and personal
property which may be held by, or (B) otherwise limit-
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1377.) ing or controlling the ownership of real or personal
property by a corporation operating in such State’’ are
HISTORICAL AND REVISION NOTES omitted as unnecessary.
Revised
In clause (7), the words ‘‘for the purposes of the cor-
Section Source (U.S. Code) Source (Statutes at Large) poration’’ are omitted as unnecessary. The words
‘‘issue instruments of indebtedness, and secure its obli-
130504(a) ..... 36:1077. July 16, 1964, Pub. L. 88–378, gations by granting security interests in its property’’
§§ 7, 8, 78 Stat. 326.
130504(b) ..... 36:1078. are substituted for ‘‘issue bonds therefor, and secure
the same by mortgage’’, for consistency in the revised
In subsection (a), the text of 36:1077(a) and the word title. The words ‘‘subject to all applicable provisions of
‘‘Thereafter’’ in 36:1077(b) are omitted as executed and Federal or State law’’ are omitted as unnecessary.
obsolete. In paragraph (2), the word ‘‘filling’’ is sub- In clause (8), the words ‘‘receive contributions or
stituted for ‘‘filing’’ to correct an error in the United grants of money or property to be devoted to the carry-
States Code. ing out of its purposes’’ are omitted as included in ‘‘ac-
quire . . . property as necessary or convenient to carry
§ 130505. Powers out the purposes of the corporation’’ in clause (6).
In clause (9), the words ‘‘complain, and defend in any
The corporation may— court of competent jurisdiction’’ are omitted as unnec-
(1) adopt and amend a constitution and by- essary.
laws for the management of its property and In clause (10), the words ‘‘and all lawful’’, ‘‘and
the regulation of its affairs; things’’, and ‘‘objects and’’ are omitted as unnecessary.
(2) adopt and alter a corporate seal;
§ 130506. Exclusive right to name and emblems
(3) adopt, alter, and display seals, emblems,
and badges; The corporation has the exclusive right to use
(4) choose directors, officers, trustees, man- and to allow others to use the names ‘‘Little
agers, employees, and agents as the activities League’’ and ‘‘Little Leaguer’’ and the official
of the corporation require; Little League emblem or any colorable simula-
(5) make contracts; tion of that emblem. This section does not affect
(6) acquire, own, lease, encumber, and trans- any vested rights.
fer property as necessary or convenient to
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1378.)
carry out the purposes of the corporation;
(7) borrow money, issue instruments of in- HISTORICAL AND REVISION NOTES
debtedness, and secure its obligations by
granting security interests in its property; Revised
Section Source (U.S. Code) Source (Statutes at Large)
(8) charge and collect membership dues and
subscription fees; 130506 ......... 36:1086. July 16, 1964, Pub. L. 88–378,
§ 16, 78 Stat. 328.
(9) sue and be sued; and
(10) do any other act necessary or desirable The word ‘‘sole’’ is omitted as included in ‘‘exclu-
to carry out the purposes of the corporation. sive’’. The words ‘‘or refuse’’ are omitted as unneces-
sary. The words ‘‘This section does not affect any vest-
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1377.) ed rights’’ are substituted for ‘‘No powers or privileges
HISTORICAL AND REVISION NOTES hereby granted shall, however, interfere or conflict
with established or vested rights’’ for consistency in
Revised Source (U.S. Code) Source (Statutes at Large)
the revised title and to eliminate unnecessary words.
Section
§ 130507. Restrictions
130505 ......... 36:1074. July 16, 1964, Pub. L. 88–378,
§§ 4, 17, 78 Stat. 325, 328.
36:1087. (a) STOCK AND DIVIDENDS.—The corporation
may not issue stock or declare or pay a divi-
In this section, the text of 36:1087 is omitted as exe- dend.
cuted and obsolete. (b) POLITICAL ACTIVITIES.—The corporation or
In clause (1), the word ‘‘alter’’ is omitted as included a director, officer, or agent as such may not con-
in ‘‘amend’’. The words ‘‘not inconsistent with the laws tribute to, support, or assist any political party
of the United States or any State in which the corpora-
or candidate for office.
tion is to operate’’ are omitted as unnecessary.
In clause (2), the word ‘‘use’’ is omitted as unneces- (c) DISTRIBUTION OF INCOME OR ASSETS.—The
sary. income and assets of the corporation may not
In clause (3), the word ‘‘use’’ is omitted as included in inure to the benefit of, or be distributed to, a di-
‘‘display’’. The words ‘‘as it may adopt’’ are omitted as rector, officer, or member during the life of the
unnecessary. corporation or on its dissolution or final liquida-
In clause (4), the word ‘‘activities’’ is substituted for tion. This subsection does not prevent the pay-
‘‘business’’ for consistency in the revised title. ment of reasonable compensation to an officer
In clause (5), the words ‘‘make contracts’’ are sub-
stituted for ‘‘to contract and be contracted with’’ for
in an amount approved by the board of directors.
consistency in the revised title and to eliminate unnec- (d) LOANS.—The corporation may not make a
essary words. loan to a director, officer, or employee. Direc-
Clause (6) is substituted for ‘‘take and hold by lease, tors who vote for or assent to making a loan to
gift, purchase, grant, devise, bequest or otherwise any a director, officer, or employee, and officers who
property, real or personal, necessary for attaining the participate in making the loan, are jointly and
objects and carrying into effect the purposes of the cor- severally liable to the corporation for the
poration’’ and ‘‘transfer, encumber, and convey real or amount of the loan until it is repaid.
personal property’’ for consistency in the revised title
and to eliminate unnecessary words. The words ‘‘sub- (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1378.)
§ 130508 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 160
AND ORGANIZATIONS

HISTORICAL AND REVISION NOTES tracts requiring payments greater than $10,000
and all payments of compensation or fees at a
Revised
Section Source (U.S. Code) Source (Statutes at Large) rate greater than $10,000 a year.
130507(a) ..... 36:1082. July 16, 1964, Pub. L. 88–378, (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1378.)
§§ 9, 10, 12, 78 Stat. 327.
130507(b) ..... 36:1080. HISTORICAL AND REVISION NOTES
130507(c) ..... 36:1079(a).
130507(d) ..... 36:1079(b).
Revised Source (U.S. Code) Source (Statutes at Large)
Section
In subsection (a), the words ‘‘any shares of’’ are omit-
ted as unnecessary. 130510 ......... 36:1084(b) (2d sen- July 16, 1964, Pub. L. 88–378,
tence cl. (2)). § 14(b) (2d sentence cl. (2)),
In subsection (b), the words ‘‘or otherwise’’ are omit- 78 Stat. 328.
ted as unnecessary.
In subsection (c), the words ‘‘inure to the benefit of’’ The word ‘‘salaries’’ is omitted as included in ‘‘com-
are substituted for ‘‘inure to’’ for consistency in the re- pensation’’.
vised title. The words ‘‘This subsection does not pre-
vent’’ are substituted for ‘‘Nothing in this subsection, TERMINATION OF REPORTING REQUIREMENTS
however, shall be construed to prevent’’ for consistency
For termination, effective May 15, 2000, of reporting
in the revised title and to eliminate unnecessary words.
provisions in this section, see section 3003 of Pub. L.
§ 130508. Principal office 104–66, as amended, set out as a note under section 1113
of Title 31, Money and Finance, and page 202 of House
The principal office of the corporation shall be Document No. 103–7.
in Williamsport, Pennsylvania, or another place
decided by the board of directors. However, the § 130511. Service of process
activities of the corporation may be conducted The corporation shall have a designated agent
throughout the world. in the District of Columbia to receive service of
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1378.) process for the corporation. Notice to or service
on the agent, or mailed to the business address
HISTORICAL AND REVISION NOTES of the agent, is notice to or service on the cor-
Revised
poration.
Section Source (U.S. Code) Source (Statutes at Large)
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1379.)
130508 ......... 36:1075(a). July 16, 1964, Pub. L. 88–378,
§ 5(a), 78 Stat. 326. HISTORICAL AND REVISION NOTES

The words ‘‘shall not be confined to that place and’’ Revised Source (U.S. Code) Source (Statutes at Large)
Section
are omitted as unnecessary. The words ‘‘throughout the
various States, the Commonwealth of Puerto Rico, and 130511 ......... 36:1075(b). July 16, 1964, Pub. L. 88–378,
the possessions of the United States, and in other § 5(b), 78 Stat. 326.
areas’’ are omitted as included in ‘‘throughout the
world’’. § 130512. Liability for acts of officers and agents
§ 130509. Records and inspection The corporation is liable for the acts of its of-
ficers and agents acting within the scope of
(a) RECORDS.—The corporation shall keep—
their authority.
(1) correct and complete records of account;
(2) minutes of the proceedings of its mem- (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1379.)
bers, board of directors, and committees hav-
HISTORICAL AND REVISION NOTES
ing any of the authority of its board of direc-
tors; and Revised
Source (U.S. Code) Source (Statutes at Large)
(3) at its principal office, a record of the Section
names and addresses of its members entitled 130512 ......... 36:1081. July 16, 1964, Pub. L. 88–378,
to vote. § 11, 78 Stat. 327.

(b) INSPECTION.—A member entitled to vote, or


§ 130513. Distribution of assets on dissolution or
an agent or attorney of the member, may in-
final liquidation
spect the records of the corporation for any
proper purpose, at any reasonable time. On dissolution or final liquidation of the cor-
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1378.) poration, any assets remaining after the dis-
charge of all liabilities shall be distributed as
HISTORICAL AND REVISION NOTES provided by the board of directors, but consist-
ent with the purposes of the corporation and in
Revised
Section Source (U.S. Code) Source (Statutes at Large) compliance with the constitution and bylaws of
the corporation.
130509 ......... 36:1083. July 16, 1964, Pub. L. 88–378,
§ 13, 78 Stat. 327. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1379.)
The word ‘‘records’’ is substituted for ‘‘books and HISTORICAL AND REVISION NOTES
records’’ for consistency in the revised title and to
eliminate unnecessary words. Revised Source (U.S. Code) Source (Statutes at Large)
Section
§ 130510. Statement required in audit report 130513 ......... 36:1085. July 16, 1964, Pub. L. 88–378,
§ 15, 78 Stat. 328.
The corporation shall include in the audit re-
port statement required under section The words ‘‘dissolution or final liquidation’’ are sub-
10101(b)(1)(B) of this title a schedule of all con- stituted for ‘‘final dissolution or liquidation’’ for con-
Page 161 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 140104
AND ORGANIZATIONS

sistency in the revised title. The word ‘‘satisfaction’’ is HISTORICAL AND REVISION NOTES
omitted as included in ‘‘discharge’’, and the word ‘‘obli-
gations’’ is omitted as included in ‘‘liabilities’’. The Revised
Section Source (U.S. Code) Source (Statutes at Large)
words ‘‘outstanding’’ and ‘‘and all Federal and State
laws applicable thereto’’ are omitted as unnecessary. 140102 ......... 36:57a. Aug. 4, 1937, ch. 564, § 2, 50
Stat. 558.
CHAPTER 1401—MARINE CORPS LEAGUE
§ 140103. Powers
Sec.
140101. Organization. The corporation may—
140102. Purposes. (1) adopt and amend bylaws;
140103. Powers. (2) adopt and alter a corporate seal;
140104. Annual report. (3) appoint or elect officers and agents;
(4) choose a board of trustees, consisting of
§ 140101. Organization at least 5 but not more than 15 individuals, to
conduct the business and exercise the powers
(a) FEDERAL CHARTER.—Marine Corps League of the corporation;
(in this chapter, the ‘‘corporation’’) is a feder- (5) establish and maintain offices to conduct
ally chartered corporation. its activities;
(b) PERPETUAL EXISTENCE.—Except as other- (6) acquire, own, lease, encumber, and trans-
wise provided, the corporation has perpetual ex- fer property as necessary or appropriate to
istence. carry out the purposes of the corporation;
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1379.) (7) charge and collect membership dues and
receive contributions of money or property to
HISTORICAL AND REVISION NOTES be devoted to carrying out the purposes of the
corporation;
Revised
Section Source (U.S. Code) Source (Statutes at Large) (8) sue and be sued; and
(9) do any other act necessary or appropriate
140101(a) ..... 36:57. Aug. 4, 1937, ch. 564, §§ 1, to carry out the purposes of the corporation.
3(a), 50 Stat. 558, 559.
140101(b) ..... 36:57b(a).
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1380.)
Subsection (a) is substituted for the source provision HISTORICAL AND REVISION NOTES
for consistency in the revised title and to eliminate ex-
ecuted and unnecessary words. Revised Source (U.S. Code) Source (Statutes at Large)
Subsection (b) is substituted for ‘‘shall have perpet- Section
ual succession’’ for consistency in the revised title. 140103 ......... 36:57b(b)–(j). Aug. 4, 1937, ch. 564,
§ 3(b)–(j), 50 Stat. 559.
§ 140102. Purposes
In clause (1), the word ‘‘amend’’ is substituted for
The purposes of the corporation are— ‘‘alter’’ for consistency in the revised title. The words
(1) to preserve the traditions and to promote ‘‘not inconsistent with the Constitution and laws of the
the interests of the United States Marine United States or of any State’’ are omitted as unneces-
sary.
Corps; Clause (6) is substituted for ‘‘acquire, by purchase,
(2) to band those who, on August 4, 1937, were devise, bequest, gift, or otherwise, and hold, encumber,
serving in the United States Marine Corps and convey, or otherwise dispose of such real and personal
those who have been honorably discharged property as may be necessary or appropriate for its cor-
from that service together in fellowship that porate purposes’’ for consistency in the revised title
they may effectively promote the ideals of and to eliminate unnecessary words.
American freedom and democracy;
§ 140104. Annual report
(3) to fit its members for the duties of citi-
zenship and to encourage them to serve as Not later than December 1 of each year, the
ably as citizens as they have served the Nation corporation shall submit a report to Congress on
under arms; the activities of the corporation during the prior
(4) to hold sacred the history and memory of calendar year. The report may not be printed as
the men who have given their lives to the Na- a public document.
tion; (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1380.)
(5) to foster love for the principles which
they have supported by blood and valor since HISTORICAL AND REVISION NOTES
the founding of the Republic;
Revised
(6) to maintain true allegiance to American Section Source (U.S. Code) Source (Statutes at Large)
institutions;
140104 ......... 36:58. Aug. 4, 1937, ch. 564, § 4, 50
(7) to create a bond of comradeship between Stat. 559; Aug. 30, 1964,
those in service and those who have returned Pub. L. 88–504, § 4(5), 78
Stat. 636.
to civil life;
(8) to aid voluntarily and to render assist- The words ‘‘proceedings and’’ are omitted as unneces-
ance to all marines and former marines as well sary.
as to their widows and orphans; and
TERMINATION OF REPORTING REQUIREMENTS
(9) to perpetuate the history of the United
States Marine Corps and by fitting acts to ob- For termination, effective May 15, 2000, of reporting
serve the anniversaries of historical occasions provisions in this section, see section 3003 of Pub. L.
104–66, as amended, set out as a note under section 1113
of peculiar interest to marines.
of Title 31, Money and Finance, and page 202 of House
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1379.) Document No. 103–7.
§ 140301 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 162
AND ORGANIZATIONS

CHAPTER 1403—THE MILITARY CHAPLAINS (7) publish a magazine and other publica-
ASSOCIATION OF THE UNITED STATES OF tions;
AMERICA (8) charge and collect membership dues and
subscription fees;
Sec.
(9) sue and be sued; and
140301. Organization.
140302. Purposes. (10) do any other act necessary or appro-
140303. Powers. priate to carry out the purposes of the cor-
140304. Exclusive right to name. poration.
140305. Annual report.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1380.)
§ 140301. Organization HISTORICAL AND REVISION NOTES
(a) FEDERAL CHARTER.—The Military Chap- Revised
lains Association of the United States of Amer- Section Source (U.S. Code) Source (Statutes at Large)
ica (in this chapter, the ‘‘corporation’’) is a fed- 140303 ......... 36:314(b)–(k). Sept. 20, 1950, ch. 956,
erally chartered corporation. §§ 4(b)–(k), 5, 64 Stat. 868.
(b) PERPETUAL EXISTENCE.—Except as other- 36:315.
wise provided, the corporation has perpetual ex-
In clause (1), the word ‘‘rules’’ is omitted as being the
istence. same as ‘‘regulations’’.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1380.) In clause (2), the words ‘‘at pleasure’’ are omitted as
unnecessary.
HISTORICAL AND REVISION NOTES In clause (3), the words ‘‘and transaction’’ are omit-
ted as unnecessary. The word ‘‘activities’’ is sub-
Revised Source (U.S. Code) Source (Statutes at Large) stituted for ‘‘business’’ for consistency in the revised
Section
title.
140301(a) ..... 36:311. Sept. 20, 1950, ch. 956, §§ 1, 2, Clause (6) is substituted for ‘‘acquire, by purchase,
4(a), 64 Stat. 868. devise, bequest, gift, or otherwise, and hold, encumber,
36:312.
140301(b) ..... 36:314(a). convey, or otherwise dispose of, such real and personal
property as may be necessary or appropriate for its cor-
Subsection (a) is substituted for the source provisions porate purposes’’ for consistency in the revised title
for consistency in the revised title and to eliminate ex- and to eliminate unnecessary words. The text of 36:315
ecuted and unnecessary words. is omitted as executed and obsolete.
Subsection (b) is substituted for ‘‘shall have perpet- In clause (8), the words ‘‘and receive contributions of
ual succession’’ for consistency in the revised title. money or property to be devoted to the carrying out of
the purposes of the organization’’ are omitted as unnec-
§ 140302. Purposes essary because of clause (6) of the revised section.

The purposes of the corporation are—


§ 140304. Exclusive right to name
(1) to safeguard and strengthen the forces of
faith and morality of our Nation; The corporation and its area, State, and local
(2) to perpetuate and deepen the bonds of un- chapters have the exclusive right to use the
derstanding and friendship of our military name ‘‘The Military Chaplains Association of
service; the United States of America’’.
(3) to preserve our spiritual influence and in-
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1381.)
terest in all members and veterans of the
Armed Forces; HISTORICAL AND REVISION NOTES
(4) to uphold the Constitution of the United
Revised
States; and Section Source (U.S. Code) Source (Statutes at Large)
(5) to promote justice, peace, and good will.
140304 ......... 36:316. Sept. 20, 1950, ch. 956, § 6, 64
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1380.) Stat. 869.

HISTORICAL AND REVISION NOTES The words ‘‘sole and’’, ‘‘to have and’’, and ‘‘in carry-
ing out its purpose’’ are omitted as unnecessary.
Revised Source (U.S. Code) Source (Statutes at Large)
Section
§ 140305. Annual report
140302 ......... 36:313. Sept. 20, 1950, ch. 956, § 3, 64
Stat. 868.
Not later than September 1 of each year, the
corporation shall submit a report to Congress on
§ 140303. Powers the activities of the corporation during the prior
The corporation may— calendar year. The report may not be printed as
(1) make its own organization, including its a public document.
constitution, bylaws, and regulations; (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1381.)
(2) adopt and alter a corporate seal;
(3) establish and maintain offices to conduct HISTORICAL AND REVISION NOTES
its activities; Revised Source (U.S. Code) Source (Statutes at Large)
(4) appoint or elect officers and agents; Section
(5) authorize the executive committee to 140305 ......... 36:317. Sept. 20, 1950, ch. 956, § 7, 64
conduct the business and exercise the powers Stat. 869; Aug. 30, 1964,
Pub. L. 88–504, § 4(14), 78
of the corporation; Stat. 637.
(6) acquire, own, lease, encumber, and trans-
fer property as necessary or appropriate to The word ‘‘activities’’ is substituted for ‘‘proceed-
carry out the purposes of the corporation; ings’’ for consistency in the revised title.
Page 163 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 140504
AND ORGANIZATIONS

TERMINATION OF REPORTING REQUIREMENTS (6) cooperating with other civic and patri-
For termination, effective May 15, 2000, of reporting otic organizations having worthy objectives;
provisions in this section, see section 3003 of Pub. L. (7) keeping alive the achievements and mem-
104–66, as amended, set out as a note under section 1113 ory of our country’s founders;
of Title 31, Money and Finance, and page 202 of House (8) ever cherishing the memory of General
Document No. 103–7. George Washington, who founded the Purple
Heart at his headquarters at Newburgh-on-the-
CHAPTER 1405—MILITARY ORDER OF THE
Hudson on August 7, 1782;
PURPLE HEART OF THE UNITED STATES (9) influencing and teaching our citizenry, in
OF AMERICA, INCORPORATED a loyal appreciation of the heritages of Amer-
Sec. ican citizenship, with its responsibilities and
140501. Organization. privileges; and
140502. Principles and purposes. (10) preserving and defending the United
140503. Membership. States from all enemies.
140504. Governing body.
140505. Powers. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1381.)
140506. Restrictions.
140507. Principal office. HISTORICAL AND REVISION NOTES
140508. Records and inspection.
140509. Liability for acts of officers and agents. Revised Source (U.S. Code) Source (Statutes at Large)
140510. Service of process. Section
140511. Distribution of assets on dissolution or final
140502 ......... 36:823. Aug. 26, 1958, Pub. L. 85–761,
liquidation. § 3, 72 Stat. 856; June 13,
1991, Pub. L. 102–54,
§ 140501. Organization § 13(n)(3), 105 Stat. 278.

(a) FEDERAL CHARTER.—Military Order of the In this section, the words ‘‘of America’’ are omitted
Purple Heart of the United States of America, for consistency in the revised title.
Incorporated (in this chapter, the ‘‘corpora- In subsection (b)(3), the word ‘‘among’’ is substituted
tion’’), is a federally chartered corporation. for ‘‘amongst’’ to use more common terminology.
In subsection (b)(10), the word ‘‘whomsoever’’ is omit-
(b) PLACE OF INCORPORATION AND DOMICILE.—
ted as unnecessary.
The corporation is declared to be incorporated
and domiciled in the District of Columbia. § 140503. Membership
(c) PERPETUAL EXISTENCE.—Except as other-
wise provided, the corporation has perpetual ex- (a) ACTIVE MEMBERS.—An individual is eligible
istence. for active membership in the corporation if the
individual—
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1381.) (1) is of good moral character; and
(2) has received the Purple Heart for wounds
HISTORICAL AND REVISION NOTES
received as a member, of any rank, of the
Revised Armed Forces of the United States or any for-
Section Source (U.S. Code) Source (Statutes at Large)
eign country during military or naval combat
140501 ......... 36:821. Aug. 26, 1958, Pub. L. 85–761, against an armed enemy of the United States.
§§ 1, 2, 4(1), 72 Stat. 854,
856. (b) ASSOCIATE MEMBERS.—The corporation
36:822. may extend eligibility for membership as associ-
36:824(1).
ate members to parents and lineal descendants
This section is substituted for the source provisions of an individual described in subsection (a) of
for consistency in the revised title and to eliminate ex- this section on terms provided in its constitu-
ecuted and unnecessary words. tion and bylaws.
(c) VOTING.—Each member described in sub-
§ 140502. Principles and purposes section (a) of this section has one vote on each
(a) PRINCIPLES.—The principles underlying the matter submitted to a vote at a meeting of the
corporation are patriotic allegiance to the members.
United States, fidelity to the Constitution and (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1382.)
laws of the United States, the security of civil
liberty, and the permanence of free institutions. HISTORICAL AND REVISION NOTES
(b) PURPOSES.—The purposes of the corpora- Revised
tion are educational, fraternal, historical, and Section Source (U.S. Code) Source (Statutes at Large)
patriotic, perpetuating the principles of liberty 140503 ......... 36:826. Aug. 26, 1958, Pub. L. 85–761,
and justice which have created the United § 6, 72 Stat. 857.
States, by—
(1) commemorating all national patriotic In this section, the text of 36:826(d) is omitted as ob-
holidays; solete.
In subsection (a), the words ‘‘has received’’ are sub-
(2) maintaining true allegiance to the Gov-
stituted for ‘‘who have received or who may hereafter
ernment of the United States and fidelity to receive’’, and the words ‘‘as a member’’ are substituted
its Constitution and laws; for ‘‘are, have been, or may become members’’, for clar-
(3) preserving and strengthening comrade- ity and to eliminate unnecessary words.
ship and patriotism among its members; In subsection (b), the word ‘‘may’’ is substituted for
(4) assisting, comforting, and aiding all ‘‘shall have the power, moreover, to’’ for consistency
needy and distressed members and their de- and to eliminate unnecessary words.
pendents; § 140504. Governing body
(5) giving needed hospital and service work
through its Department of Veterans Affairs (a) BOARD OF DIRECTORS.—(1) The board of di-
certified service officers; rectors is the governing body of the corporation.
§ 140505 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 164
AND ORGANIZATIONS

Between meetings of the corporation, the board amount or kind of property which may be held, or (B)
is responsible for the general policies and pro- otherwise limiting or controlling the ownership of
gram of the corporation. The board is respon- property by, a corporation operating in such State’’ are
omitted as unnecessary.
sible for all funds of the corporation.
(2) The number of directors, their manner of In clause (5), the words ‘‘for the purposes of the cor-
poration’’ are omitted as unnecessary. The words
selection (including the filling of vacancies), and ‘‘issue instruments of indebtedness, and secure its obli-
their term of office are as provided in the con- gations by granting security interests in its property’’
stitution and bylaws of the corporation. How- are substituted for ‘‘issue bonds therefor, and secure
ever, the board shall have at least 18 directors. the same by mortgage, deed of trust, pledge, or other-
(b) OFFICERS.—(1) The officers of the corpora- wise’’ to eliminate unnecessary words. The words ‘‘sub-
tion are a commander, a senior vice commander, ject in every case to all applicable provisions of Federal
a chaplain, an adjutant, a finance officer, a and State laws’’ are omitted as unnecessary.
judge advocate, an inspector, a surgeon, a histo- In clause (7), the words ‘‘complain and defend in any
rian, and other elected officers as provided in court of competent jurisdiction’’ are omitted as unnec-
the constitution and bylaws. essary.
(2) The manner of election, term of office, and
duties of the officers are as provided in the con- § 140506. Restrictions
stitution and bylaws.
(a) STOCK AND DIVIDENDS.—The corporation
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1382.) may not issue stock or declare or pay a divi-
HISTORICAL AND REVISION NOTES dend.
(b) POLITICAL ACTIVITIES.—The corporation or
Revised
Section Source (U.S. Code) Source (Statutes at Large) a director or officer as such may not contribute
to, support, or assist a political party or can-
140504(a) ..... 36:827. Aug. 26, 1958, Pub. L. 85–761,
§§ 7, 8, 72 Stat. 857. didate for public office.
140504(b) ..... 36:828. (c) DISTRIBUTION OF INCOME OR ASSETS.—The
In subsection (a), the text of 36:827(a) is omitted as
income or assets of the corporation may not
obsolete. inure to the benefit of, or be distributed to, a di-
rector, officer, or member except on dissolution
§ 140505. Powers or final liquidation of the corporation. This sub-
section does not prevent the payment of com-
The corporation may—
pensation to an officer in an amount approved
(1) adopt and amend a constitution and by-
by the executive committee of the corporation.
laws for the management of its property and
the regulation of its affairs; (d) LOANS.—The corporation may not make a
(2) adopt and alter a corporate seal; loan to a director, officer, or employee. Direc-
(3) make contracts; tors who vote for or assent to making a loan to
(4) acquire, own, lease, encumber, and trans- a director, officer, or employee, and officers who
fer property as necessary or convenient to participate in making the loan, are jointly and
carry out the purposes of the corporation; severally liable to the corporation for the
(5) borrow money, issue instruments of in- amount of the loan until it is repaid.
debtedness, and secure its obligations by (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1383.)
granting security interests in its property;
(6) charge and collect membership dues; and HISTORICAL AND REVISION NOTES
(7) sue and be sued.
Revised Source (U.S. Code) Source (Statutes at Large)
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1382.) Section

140506(a) ..... 36:832. Aug. 26, 1958, Pub. L. 85–761,


HISTORICAL AND REVISION NOTES §§ 9, 10, 12, 72 Stat. 858.
140506(b) ..... 36:830.
Revised 140506(c) ..... 36:829(a).
Section Source (U.S. Code) Source (Statutes at Large) 140506(d) ..... 36:829(b).

140505 ......... 36:824(2)–(9). Aug. 26, 1958, Pub. L. 85–761,


§§ 4(2)–(9), 16, 72 Stat. 856, In subsection (a), the words ‘‘any shares of’’ are omit-
859. ted as unnecessary.
36:836.
In subsection (c), the words ‘‘inure to the benefit of’’
In this section, the text of 36:836 is omitted as exe- are substituted for ‘‘inure to’’ for consistency in the re-
cuted and obsolete. vised title. The words ‘‘as provided in section 835 of this
In clause (1), the word ‘‘alter’’ is omitted as included title’’ are omitted as unnecessary.
in ‘‘amend’’. The words ‘‘not inconsistent with the laws
of the United States or any State in which the corpora- § 140507. Principal office
tion is to operate’’ are omitted as unnecessary.
Clause (4) is substituted for ‘‘take [by] lease, gift, The principal office of the corporation shall be
purchase, grant, devise, or bequest from any private
in the District of Columbia or another place de-
corporation, association, partnership, firm or individ-
ual and to hold any property, real, personal or mixed, cided by the national executive board. However,
necessary or convenient for attaining the object and the activities of the corporation are not con-
carrying into effect the purposes of the corporation’’ fined to the place where the principal office is
and ‘‘transfer, convey, lease, sublease, encumber, and located but may be conducted throughout the
otherwise alienate real, personal or mixed property’’ States, territories, and possessions of the United
for consistency in the revised title and to eliminate un- States.
necessary words. The words ‘‘subject, however, to appli-
cable provisions of law of any State (A) governing the (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1383.)
Page 165 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 140702
AND ORGANIZATIONS

HISTORICAL AND REVISION NOTES charge of all liabilities shall be distributed as


provided by the board of directors, but in com-
Revised
Section Source (U.S. Code) Source (Statutes at Large) pliance with the constitution and bylaws of the
corporation.
140507 ......... 36:825(a). Aug. 26, 1958, Pub. L. 85–761,
§ 5(a), 72 Stat. 856. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1384.)
The word ‘‘various’’ is omitted as unnecessary. HISTORICAL AND REVISION NOTES

§ 140508. Records and inspection Revised Source (U.S. Code) Source (Statutes at Large)
Section
(a) RECORDS.—The corporation shall keep— 140511 ......... 36:835. Aug. 26, 1958, Pub. L. 85–761,
(1) correct and complete records of account; § 15, 72 Stat. 859.
(2) minutes of the proceedings of its mem-
bers, board of directors, and committees hav- The word ‘‘satisfaction’’ is omitted as included in
ing any of the authority of its board of direc- ‘‘discharge’’, and the word ‘‘obligations’’ is omitted as
tors; and included in ‘‘liabilities’’. The words ‘‘outstanding’’ and
‘‘all Federal and State laws applicable thereto’’ are
(3) at its principal office, a record of the
omitted as unnecessary.
names and addresses of its members entitled
to vote.
CHAPTER 1407—MILITARY ORDER OF THE
(b) INSPECTION.—A member entitled to vote, or
WORLD WARS
an agent or attorney of the member, may in-
spect the records of the corporation for any Sec.
proper purpose, at any reasonable time. 140701. Definition.
140702. Organization.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1383.)
140703. Purposes.
HISTORICAL AND REVISION NOTES 140704. Membership.
140705. Governing body.
Revised Source (U.S. Code) Source (Statutes at Large) 140706. Powers.
Section
140707. Restrictions.
140508 ......... 36:833. Aug. 26, 1958, Pub. L. 85–761, 140708. Duty to maintain tax-exempt status.
§ 13, 72 Stat. 858. 140709. Records and inspection.
140710. Service of process.
The word ‘‘records’’ is substituted for ‘‘books and 140711. Liability for acts of officers and agents.
records’’ for consistency in the revised title and with
140712. Annual report.
other titles of the United States Code.

§ 140509. Liability for acts of officers and agents § 140701. Definition


The corporation is liable for the acts of its of- For purposes of this chapter, ‘‘State’’ includes
ficers and agents acting within the scope of the District of Columbia and the territories and
their authority. possessions of the United States.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1383.) (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1384.)
HISTORICAL AND REVISION NOTES HISTORICAL AND REVISION NOTES
Revised Source (U.S. Code) Source (Statutes at Large)
Section Revised Source (U.S. Code) Source (Statutes at Large)
Section
140509 ......... 36:831. Aug. 26, 1958, Pub. L. 85–761,
§ 11, 72 Stat. 858. 140701 ......... 36:5016. Oct. 23, 1992, Pub. L. 102–484,
title XVIII, § 1817, 106
Stat. 2584.
§ 140510. Service of process
The words ‘‘the Commonwealth of Puerto Rico, the
The corporation shall have a designated agent Commonwealth of the Northern Mariana Islands’’ are
in the District of Columbia to receive service of omitted as included in ‘‘the territories and possessions
process for the corporation. Notice to or service of the United States’’.
on the agent, or mailed to the business address
of the agent, is notice to or service on the cor- § 140702. Organization
poration.
(a) FEDERAL CHARTER.—Military Order of the
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1384.) World Wars (in this chapter, the ‘‘corporation’’),
HISTORICAL AND REVISION NOTES a nonprofit corporation incorporated in the Dis-
trict of Columbia, is a federally chartered cor-
Revised poration.
Section Source (U.S. Code) Source (Statutes at Large)
(b) EXPIRATION OF CHARTER.—The charter
140510 ......... 36:825(b). Aug. 26, 1958, Pub. L. 85–761, granted by this chapter expires if the corpora-
§ 5(b), 72 Stat. 857.
tion fails to comply with any provision of—
The words ‘‘at all times’’ are omitted as unnecessary. (1) its bylaws or articles of incorporation;
(2) this chapter; or
§ 140511. Distribution of assets on dissolution or (3) the laws of the District of Columbia that
final liquidation apply to corporations such as the corporation
On dissolution or final liquidation of the cor- recognized under this chapter.
poration, any assets remaining after the dis- (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1384.)
§ 140703 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 166
AND ORGANIZATIONS

HISTORICAL AND REVISION NOTES tions of membership in the corporation’’ for consist-
ency in the revised title and to eliminate unnecessary
Revised words.
Section Source (U.S. Code) Source (Statutes at Large)

140702(a) ..... 36:5001. Oct. 23, 1992, Pub. L. 102–484, § 140705. Governing body
title XVIII, §§ 1801, 1815
(last sentence), 1816, 106 (a) BOARD OF DIRECTORS.—The board of direc-
Stat. 2581, 2583. tors and the responsibilities of the board are as
140702(b) ..... 36:5014 (last sen-
tence). provided in the articles of incorporation.
36:5015. (b) OFFICERS.—The officers and the election of
Subsection (a) is substituted for the source provision
officers are as provided in the articles of incor-
for consistency in the revised title. poration.
In subsection (b), the words ‘‘restriction or other’’ in (c) NONDISCRIMINATION.—The requirements for
36:5015 are omitted as unnecessary. The text of 36:5014 serving as a director or officer may not discrimi-
(last sentence) is omitted as unnecessary because of nate on the basis of race, color, religion, sex,
clause (2) of the revised subsection. disability, age, or national origin.
§ 140703. Purposes (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1385.)
The purposes of the corporation are as pro- HISTORICAL AND REVISION NOTES
vided in the articles of incorporation and bylaws
Revised
and include— Section Source (U.S. Code) Source (Statutes at Large)
(1) promoting military service associations;
(2) promoting patriotic education and mili- 140705(a) ..... 36:5006. Oct. 23, 1992, Pub. L. 102–484,
title XVIII, §§ 1806, 1807,
tary, naval, and air science; 1808 (related to directors
(3) defending the honor and integrity of the and officers), 106 Stat.
2582.
United States Government and the Constitu- 140705(b) ..... 36:5007.
tion; 140705(c) ..... 36:5008 (related to
directors and offi-
(4) fostering fraternal relations among all cers).
branches of the Armed Forces;
(5) encouraging the adoption of a suitable In subsections (a) and (b), the words ‘‘Except as pro-
policy of national security; and vided in section 5008 of this title’’ and ‘‘in conformity
(6) encouraging the commemoration of mili- with the laws of the State in which it is incorporated’’
are omitted as unnecessary.
tary service and the establishment of war me-
morials. § 140706. Powers
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1384.) The corporation has only the powers provided
HISTORICAL AND REVISION NOTES in its bylaws and articles of incorporation filed
in the State in which it is incorporated.
Revised
Section Source (U.S. Code) Source (Statutes at Large) (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1385.)
140703 ......... 36:5003. Oct. 23, 1992, Pub. L. 102–484, HISTORICAL AND REVISION NOTES
title XVIII, § 1803, 106
Stat. 2582.
Revised
Section Source (U.S. Code) Source (Statutes at Large)
The word ‘‘objects’’ is omitted as unnecessary.
140706 ......... 36:5002. Oct. 23, 1992, Pub. L. 102–484,
§ 140704. Membership title XVIII, § 1802, 106
Stat. 2581.
(a) ELIGIBILITY.—Except as provided in this
chapter, eligibility for membership in the cor- The words ‘‘and subject to the laws of such State’’ are
omitted as unnecessary.
poration and the rights and privileges of mem-
bers are as provided in the articles of incorpora- § 140707. Restrictions
tion and bylaws.
(b) NONDISCRIMINATION.—The terms of mem- (a) STOCK AND DIVIDENDS.—The corporation
bership may not discriminate on the basis of may not issue stock or declare or pay a divi-
race, color, religion, sex, disability, age, or na- dend.
tional origin. (b) DISTRIBUTION OF INCOME OR ASSETS.—The
income or assets of the corporation may not
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1385.) inure to the benefit of, or be distributed to, a di-
HISTORICAL AND REVISION NOTES rector, officer, or member during the life of the
charter granted by this chapter. This subsection
Revised Source (U.S. Code) Source (Statutes at Large) does not prevent the payment of reasonable
Section
compensation to an officer or reimbursement for
140704(a) ..... 36:5005. Oct. 23, 1992, Pub. L. 102–484, actual necessary expenses in amounts approved
title XVIII, §§ 1805, 1808
(related to membership), by the board of directors.
106 Stat. 2582. (c) LOANS.—The corporation may not make a
140704(b) ..... 36:5008 (related to
membership). loan to a director, officer, or employee.
(d) CLAIM OF GOVERNMENTAL APPROVAL OR AU-
In subsection (a), the words ‘‘Except as provided in THORIZATION.—The corporation may not claim
this chapter’’ are substituted for ‘‘Except as provided congressional approval or the authority of the
in section 5008 of this title’’ for consistency in the re- United States Government for any of its activi-
vised title. ties.
In subsection (b), the words ‘‘The terms of member-
ship’’ are substituted for ‘‘In establishing the condi- (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1385.)
Page 167 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 150102
AND ORGANIZATIONS

HISTORICAL AND REVISION NOTES The words ‘‘in furtherance of its corporate purposes’’
are omitted as unnecessary.
Revised
Section Source (U.S. Code) Source (Statutes at Large)
§ 140711. Liability for acts of officers and agents
140707(a) ..... 36:5009(c). Oct. 23, 1992, Pub. L. 102–484,
title XVIII, § 1809, 106 The corporation is liable for the acts of its of-
Stat. 2582. ficers and agents acting within the scope of
140707(b) ..... 36:5009(a).
140707(c) ..... 36:5009(b). their authority.
140707(d) ..... 36:5009(d).
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1386.)
In subsection (a), the words ‘‘any shares of’’ are omit-
HISTORICAL AND REVISION NOTES
ted as unnecessary.
Revised
§ 140708. Duty to maintain tax-exempt status Section Source (U.S. Code) Source (Statutes at Large)

The corporation shall maintain its status as 140711 ......... 36:5010. Oct. 23, 1992, Pub. L. 102–484,
an organization exempt from taxation under the title XVIII, § 1810, 106
Stat. 2583.
Internal Revenue Code of 1986 (26 U.S.C. 1 et
seq.).
§ 140712. Annual report
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1385.)
The corporation shall submit an annual report
HISTORICAL AND REVISION NOTES to Congress on the activities of the corporation
Revised
during the prior fiscal year. The report shall be
Section Source (U.S. Code) Source (Statutes at Large) submitted at the same time as the report of the
audit required by section 10101 of this title. The
140708 ......... 36:5014 (1st sen- Oct. 23, 1992, Pub. L. 102–484,
tence). title XVIII, § 1815 (1st sen- report may not be printed as a public document.
tence), 106 Stat. 2583.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1386.)
§ 140709. Records and inspection HISTORICAL AND REVISION NOTES
(a) RECORDS.—The corporation shall keep— Revised
Source (U.S. Code) Source (Statutes at Large)
(1) correct and complete records of account; Section
(2) minutes of the proceedings of its mem- 140712 ......... 36:5012. Oct. 23, 1992, Pub. L. 102–484,
bers, board of directors, and committees hav- title XVIII, § 1813, 106
Stat. 2583.
ing any of the authority of its board of direc-
tors; and
(3) at its principal office, a record of the CHAPTER 1501—NATIONAL ACADEMY OF
names and addresses of its members entitled PUBLIC ADMINISTRATION
to vote. Sec.
(b) INSPECTION.—A member entitled to vote, or 150101. Definition.
an agent or attorney of the member, may in- 150102. Organization.
150103. Purposes.
spect the records of the corporation for any 150104. Services to United States Government.
proper purpose, at any reasonable time. 150105. Membership.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1385.) 150106. Governing body.
150107. Powers.
HISTORICAL AND REVISION NOTES 150108. Restrictions.
150109. Duty to maintain corporate and tax-exempt
Revised Source (U.S. Code) Source (Statutes at Large) status.
Section
150110. Records and inspection.
140709 ......... 36:5011. Oct. 23, 1992, Pub. L. 102–484, 150111. Service of process.
title XVIII, § 1811, 106 150112. Liability for acts of officers and agents.
Stat. 2583.
150113. Annual report.
The word ‘‘records’’ is substituted for ‘‘books and § 150101. Definition
records’’ for consistency in the revised title and with
other titles of the United States Code. The words For purposes of this chapter, ‘‘State’’ includes
‘‘Nothing in this section shall be construed to con- the District of Columbia and the territories and
travene any applicable State law’’ are omitted as un- possessions of the United States.
necessary.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1386.)
§ 140710. Service of process
HISTORICAL AND REVISION NOTES
The corporation shall comply with the law on
service of process of each State in which it is in- Revised Source (U.S. Code) Source (Statutes at Large)
Section
corporated and each State in which it carries on
activities. 150101 ......... 36:2313. Apr. 10, 1984, Pub. L. 98–257,
§ 14, 98 Stat. 129.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1386.)
The words ‘‘the Commonwealth of Puerto Rico’’ are
HISTORICAL AND REVISION NOTES omitted as included in ‘‘the territories and possessions
of the United States’’.
Revised Source (U.S. Code) Source (Statutes at Large)
Section
§ 150102. Organization
140710 ......... 36:5004. Oct. 23, 1992, Pub. L. 102–484,
title XVIII, § 1804, 106 (a) FEDERAL CHARTER.—National Academy of
Stat. 2582.
Public Administration (in this chapter, the
§ 150103 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 168
AND ORGANIZATIONS

‘‘corporation’’), incorporated in the District of HISTORICAL AND REVISION NOTES


Columbia, is a federally chartered corporation.
Revised
Source (U.S. Code) Source (Statutes at Large)
(b) EXPIRATION OF CHARTER.—If the corpora- Section
tion does not comply with any provision of this 150104 ......... 36:2316. Apr. 10, 1984, Pub. L. 98–257,
chapter, the charter granted by this chapter ex- § 17, 98 Stat. 129.
pires.
The words ‘‘Congress, or’’ are omitted as included in
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1386.) ‘‘United States Government’’. The word ‘‘experimen-
tation’’ is added for consistency in the section.
HISTORICAL AND REVISION NOTES
§ 150105. Membership
Revised Source (U.S. Code) Source (Statutes at Large)
Section Eligibility for membership in the corporation
150102(a) ..... 36:2301. Apr. 10, 1984, Pub. L. 98–257, and the rights and privileges of members are as
§§ 1, 15 (last sentence), 16, provided in the bylaws.
98 Stat. 127, 129.
150102(b) ..... 36:2314 (last sen- (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1387.)
tence).
36:2315.
HISTORICAL AND REVISION NOTES
This section is substituted for the source provisions Revised
Section Source (U.S. Code) Source (Statutes at Large)
for consistency in the revised title and to eliminate un-
necessary words. 150105 ......... 36:2305. Apr. 10, 1984, Pub. L. 98–257,
§ 5, 98 Stat. 127.

§ 150103. Purposes
§ 150106. Governing body
The purposes of the corporation are as pro- (a) BOARD OF DIRECTORS.—The board of direc-
vided in the articles of incorporation and in- tors and the responsibilities of the board are as
clude— provided in the articles of incorporation.
(1) evaluating the structure, administration, (b) OFFICERS.—The officers and the election of
operation, and program performance of Fed- officers are as provided in the articles of incor-
eral and other governments and government poration.
agencies, anticipating, identifying, and ana-
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1387.)
lyzing significant problems, and suggesting
timely corrective action; HISTORICAL AND REVISION NOTES
(2) foreseeing and examining critical emerg-
Revised
ing issues in governance, and formulating Section Source (U.S. Code) Source (Statutes at Large)
practical approaches to their resolution;
150106(a) ..... 36:2306. Apr. 10, 1984, Pub. L. 98–257,
(3) assessing the effectiveness, structure, ad- §§ 6, 7, 98 Stat. 128.
ministration, and implications for governance 150106(b) ..... 36:2307.
of present or proposed public programs, poli- The words ‘‘and in conformity with the laws of the
cies, and processes, and recommending specific State or States in which it is incorporated’’ in 36:2306
changes; and ‘‘and in conformity with the laws of the State or
(4) advising on the relationship of Federal, States wherein it is incorporated’’ in 36:2307 are omit-
State, regional, and local governments, and ted as unnecessary.
increasing public officials’, citizens’, and § 150107. Powers
scholars’ understanding of requirements and
opportunities for sound governance and how The corporation has only the powers provided
these can be effectively met; and in its bylaws and articles of incorporation filed
(5) demonstrating by the conduct of its af- in each State in which it is incorporated.
fairs a commitment to the highest profes- (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1387.)
sional standards of ethics and scholarship.
HISTORICAL AND REVISION NOTES
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1386.)
Revised Source (U.S. Code) Source (Statutes at Large)
HISTORICAL AND REVISION NOTES Section

150107 ......... 36:2302. Apr. 10, 1984, Pub. L. 98–257,


Revised Source (U.S. Code) Source (Statutes at Large) § 2, 98 Stat. 127.
Section

150103 ......... 36:2303. Apr. 10, 1984, Pub. L. 98–257, The words ‘‘and subject to the laws of such State or
§ 3, 98 Stat. 127. States’’ are omitted as unnecessary.

§ 150108. Restrictions
§ 150104. Services to United States Government (a) STOCK AND DIVIDENDS.—The corporation
On request of the United States Government, may not issue stock or declare or pay a divi-
the corporation shall investigate, examine, dend.
experiment, and report on any subject of govern- (b) POLITICAL ACTIVITIES.—The corporation or
ment. The actual expense of the investigation, a director or officer as such may not contribute
examination, experimentation, and report shall to, support, or participate in any political activ-
be paid by the Government from appropriations ity or in any manner attempt to influence legis-
available for that purpose. lation.
(c) DISTRIBUTION OF INCOME OR ASSETS.—The
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1387.) income or assets of the corporation may not
Page 169 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 150113
AND ORGANIZATIONS

inure to the benefit of, or be distributed to, a di- (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1388.)
rector, officer, or member during the life of the
HISTORICAL AND REVISION NOTES
charter granted by this chapter. This subsection
does not prevent the payment of reasonable Revised
Section Source (U.S. Code) Source (Statutes at Large)
compensation to an officer or member in an
amount approved by the board of directors. 150110 ......... 36:2310. Apr. 10, 1984, Pub. L. 98–257,
(d) LOANS.—The corporation may not make a § 10, 98 Stat. 128.
loan to a director, officer, or employee.
The word ‘‘records’’ is substituted for ‘‘books and
(e) CLAIM OF GOVERNMENTAL APPROVAL OR AU-
records’’ for consistency in the revised title and with
THORIZATION.—Except by agreement, the cor-
other titles of the United States Code. The words
poration may not claim congressional approval ‘‘Nothing in this section shall be construed to con-
or the authority of the United States Govern- travene any applicable State law’’ are omitted as un-
ment for any of its activities. necessary.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1387.) § 150111. Service of process
HISTORICAL AND REVISION NOTES The corporation shall comply with the law on
Revised
service of process of each State in which it is in-
Section Source (U.S. Code) Source (Statutes at Large) corporated and each State in which it carries on
150108(a) ..... 36:2308(d). Apr. 10, 1984, Pub. L. 98–257,
activities.
§ 8(a)–(e), 98 Stat. 128.
150108(b) ..... 36:2308(c). (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1388.)
150108(c) ..... 36:2308(a).
150108(d) ..... 36:2308(b). HISTORICAL AND REVISION NOTES
150108(e) ..... 36:2308(e).
Revised
Section Source (U.S. Code) Source (Statutes at Large)
In subsection (a), the words ‘‘any shares of’’ are omit-
ted as unnecessary. 150111 ......... 36:2304. Apr. 10, 1984, Pub. L. 98–257,
In subsection (b), the words ‘‘as such’’ are substituted § 4, 98 Stat. 127.
for ‘‘acting as such officer or director’’ for consistency
in the revised title. The words ‘‘in furtherance of its corporate purposes’’
In subsection (c), the words ‘‘inure to the benefit of’’ are omitted as unnecessary.
are substituted for ‘‘inure to’’ for consistency in the re-
vised title. § 150112. Liability for acts of officers and agents
In subsection (e), the word ‘‘mutual’’ is omitted as
unnecessary.
The corporation is liable for the acts of its of-
ficers and agents acting within the scope of
§ 150109. Duty to maintain corporate and tax-ex- their authority.
empt status (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1388.)
(a) CORPORATE STATUS.—The corporation shall HISTORICAL AND REVISION NOTES
maintain its status as a corporation incor-
porated under the laws of the District of Colum- Revised
Source (U.S. Code) Source (Statutes at Large)
Section
bia.
(b) TAX-EXEMPT STATUS.—The corporation 150112 ......... 36:2309. Apr. 10, 1984, Pub. L. 98–257,
§ 9, 98 Stat. 128.
shall maintain its status as an organization ex-
empt from taxation under the Internal Revenue
Code of 1986 (26 U.S.C. 1 et seq.). § 150113. Annual report
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1387.) The corporation shall submit an annual report
to Congress on the activities of the corporation
HISTORICAL AND REVISION NOTES during the prior fiscal year. The report shall be
Revised submitted at the same time as the report of the
Source (U.S. Code) Source (Statutes at Large)
Section audit required by section 10101 of this title. The
150109(a) ..... 36:2308(f). Apr. 10, 1984, Pub. L. 98–257,
report may not be printed as a public document.
§§ 8(f), 15 (1st sentence), 98
Stat. 128, 129. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1388.)
150109(b) ..... 36:2314 (1st sen-
tence). HISTORICAL AND REVISION NOTES

Revised Source (U.S. Code) Source (Statutes at Large)


§ 150110. Records and inspection Section

(a) RECORDS.—The corporation shall keep— 150113 ......... 36:2311. Apr. 10, 1984, Pub. L. 98–257,
§ 12, 98 Stat. 129.
(1) correct and complete records of account;
(2) minutes of the proceedings of its mem- TERMINATION OF REPORTING REQUIREMENTS
bers, board of directors, and committees hav-
ing any of the authority of its board of direc- For termination, effective May 15, 2000, of reporting
tors; and provisions in this section, see section 3003 of Pub. L.
104–66, as amended, set out as a note under section 1113
(3) at its principal office, a record of the of Title 31, Money and Finance, and page 202 of House
names and addresses of its members entitled Document No. 103–7.
to vote.
CHAPTER 1503—NATIONAL ACADEMY OF
(b) INSPECTION.—A member entitled to vote, or
SCIENCES
an agent or attorney of the member, may in-
spect the records of the corporation for any Sec.
proper purpose, at any reasonable time. 150301. Federal charter.
§ 150301 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 170
AND ORGANIZATIONS

Sec. clause (C), the word ‘‘reinvest’’ is omitted as unneces-


150302. Powers. sary.
150303. Services to United States Government.
150304. Annual meeting. § 150303. Services to United States Government
§ 150301. Federal charter On request of the United States Government,
the corporation shall investigate, examine,
National Academy of Sciences (in this chap- experiment, and report on any subject of science
ter, the ‘‘corporation’’) is a federally chartered or art. The corporation may not receive com-
corporation. pensation for services to the Government, but
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1388.) the actual expense of the investigation, exam-
ination, experimentation, and report shall be
HISTORICAL AND REVISION NOTES paid by the Government from an appropriation
Revised
for that purpose.
Section Source (U.S. Code) Source (Statutes at Large)
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1389.)
150301 ......... 36:251. Mar. 3, 1863, ch. 111, § 1, 12
Stat. 806. HISTORICAL AND REVISION NOTES

This section is substituted for the source provision Revised Source (U.S. Code) Source (Statutes at Large)
Section
for consistency in the revised title and to eliminate ex-
ecuted and unnecessary words. 150303 ......... 36:253 (words after Mar. 3, 1863, ch. 111, § 3
1st comma). (words after 1st comma),
§ 150302. Powers 12 Stat. 806.

(a) GENERAL.—The corporation may— The words ‘‘any department of’’ are omitted as un-
(1) make its own organization, including necessary.
adopting a constitution, bylaws, and regula- EX. ORD. NO. 2859. NATIONAL RESEARCH COUNCIL OF
tions; NATIONAL ACADEMY OF SCIENCES
(2) provide for the election of domestic and Ex. Ord. No. 2859, May 11, 1918, as amended by Ex.
foreign members, their division into classes, Ord. No. 10668, May 10, 1956, 21 F.R. 3155; Ex. Ord. No.
and other matters needful or usual in such an 12832, Jan. 19, 1993, 58 F.R. 5905, provided:
institution; National Research Council of the National Academy
(3) fill vacancies; and of Sciences
WHEREAS (1) the congressional charter of the Na-
(4) report its actions under this subsection tional Academy of Sciences (‘‘Academy’’) charges it,
to Congress. upon call from any U.S. Government Department, to
(b) PROPERTY.—(1) The corporation may— investigate, examine, experiment, and report upon any
(A) receive property by devise, bequest, do- subject of science or art and (2) the actual expenses of
the Academy for such investigations, examinations,
nation, or otherwise; experiments, and reports shall be paid to the Academy
(B) hold the property absolutely or in trust; through one or more of the following: private gifts and
(C) manage and invest the property as pro- bequests; appropriations for the benefit of the Acad-
vided in the constitution of the corporation; emy; grants-in-aid, contracts, and other forms of finan-
and cial agreement with executive departments and agen-
(D) use the property and income from the cies, provided that the Academy shall receive no com-
property to carry out the purposes of the cor- pensation whatever for any services to the Government
poration, subject to instructions of donors. of the United States; and
WHEREAS the National Research Council (‘‘Coun-
(2) Congress at any time may limit the cil’’) was organized in 1916 at the request of the Presi-
amount of real estate the corporation may ac- dent by the National Academy of Sciences, under its
quire and the amount of time it may be held. congressional charter, as a measure of national pre-
paredness; and
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1388.) WHEREAS the Council is the principal operating
agency of the National Academy of Sciences and the
HISTORICAL AND REVISION NOTES National Academy of Engineering, the latter having
been established in 1964 under the charter of the Na-
Revised
Section Source (U.S. Code) Source (Statutes at Large) tional Academy of Sciences; and
WHEREAS the Institute of Medicine of the National
150302(a) ..... 36:252. Mar. 3, 1863, ch. 111, § 2, 12 Academy of Sciences, established in 1970 under the
Stat. 806; July 14, 1870, ch. Academy’s charter, conducts its programs and activi-
264, 16 Stat. 277.
150302(b) ..... 36:254. June 20, 1884, ch. 107, 23 ties under the approval, operating, and review proce-
Stat. 50; May 27, 1914, ch. dures of the Council; and
101, § 1, 38 Stat. 383. WHEREAS in recognition of the work accomplished
through the Council in organizing research, in further-
In subsection (a)(1), the word ‘‘rules’’ is omitted as ing science, and in securing cooperation of government
included in ‘‘regulations’’. and nongovernment agencies in the solution of their
In subsection (a)(2), the words ‘‘their division’’ are problems, the Council has been perpetuated by the
substituted for ‘‘the division’’ for clarity. Academy as requested by the President in Executive
In subsection (a)(3), the words ‘‘created by death, res- Order No. 2859 of May 11, 1918; and
ignation, or otherwise’’ are omitted as unnecessary. WHEREAS the effective prosecution of the Council’s
In subsection (a)(4), the words ‘‘its actions under this work may require the close cooperation of the sci-
subsection’’ are substituted for ‘‘the same’’ for clarity. entific and technical branches of the Government, both
In subsection (b)(1), before clause (A), the word military and civil, and makes participation by officers
‘‘may’’ is substituted for ‘‘be, and the same is, author- and employees of the Government in the work of the
ized and empowered to’’ for consistency in the revised Council desirable; and
title and to eliminate unnecessary words. In clause (A), NOW, THEREFORE, by the authority vested in me as
the words ‘‘either real or personal’’ are omitted as un- President by the Constitution and the laws of the
necessary and for consistency in the revised title. In United States of America, it is ordered as follows:
Page 171 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 150503
AND ORGANIZATIONS

1. The functions of the Council shall be as follows: HISTORICAL AND REVISION NOTES
(a) To stimulate research in the mathematical, phys-
ical, biological, environmental, and social sciences, and Revised
Section Source (U.S. Code) Source (Statutes at Large)
in the application of these sciences to engineering, ag-
riculture, medicine, and other useful arts, with the ob- 150304 ......... 36:253 (words before Mar. 3, 1863, ch. 111, § 3
ject of increasing knowledge, of strengthening the na- 1st comma). (words before 1st comma),
tional security including the contribution of science 12 Stat. 806.
and engineering to economic growth, of ensuring the
health of the American people, of aiding in the attain- CHAPTER 1505—NATIONAL CONFERENCE OF
ment of environmental goals, and of contributing in STATE SOCIETIES, WASHINGTON, DIS-
other ways to the public welfare. TRICT OF COLUMBIA
(b) To survey the broad possibilities of science, to for-
mulate comprehensive projects of research, and to de- Sec.
velop effective means of utilizing the scientific and 150501. Definition.
technical resources of the country for dealing with 150502. Organization.
such projects. 150503. Purposes.
(c) To promote cooperation in research, at home and 150504. Membership.
abroad, in order to secure concentration of effort, mini- 150505. Governing body.
mize duplication, and stimulate progress; but in all co- 150506. Powers.
operative undertakings to give encouragement to indi- 150507. Exclusive right to name, seals, emblems, and
vidual initiative, as fundamentally important to the badges.
advancement of science. 150508. Restrictions.
(d) To serve as a means of bringing American and for- 150509. Headquarters and principal office.
eign investigators into active cooperation with the sci- 150510. Records and inspection.
entific and technical services of the Federal Govern- 150511. Service of process.
ment. 150512. Liability for acts of officers and agents.
(e) To direct the attention of scientific and technical 150513. Distribution of assets on dissolution or final
investigators to the importance of military and indus- liquidation.
trial problems in connection with national security, to
§ 150501. Definition
the importance of environmental problems in connec-
tion with public health and the economy, and to aid in For purposes of this chapter, ‘‘State’’ includes
the solution of these problems by organizing specific the District of Columbia.
research.
(f) To gather and collate scientific and technical in- (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1389.)
formation, at home and abroad, in cooperation with
governmental and other agencies, and to disseminate HISTORICAL AND REVISION NOTES
such information to duly accredited persons and the
Revised
public. Section Source (U.S. Code) Source (Statutes at Large)
2. Scientists, engineers, and other technically quali-
fied professionals who are officers or employees of de- 150501 ......... 36:420. Apr. 3, 1952, ch. 131, § 20, 66
partments and agencies of the executive branch of the Stat. 41.
Government are encouraged to participate in the work
of the Council as requested by the Council to the extent § 150502. Organization
authorized by the head of the officer’s or employee’s
agency or department and permitted by law. (a) FEDERAL CHARTER.—National Conference of
3. To the extent permitted by law and regulation, and State Societies, Washington, District of Colum-
in accordance with the congressional charter of the bia (in this chapter, the ‘‘corporation’’), is a fed-
Academy, the actual expense of investigations, exami- erally chartered corporation.
nations, experiments, and reports by the Academy for (b) PERPETUAL EXISTENCE.—Except as other-
the executive branch of the Government shall be paid wise provided, the corporation has perpetual ex-
to the Academy through one or more of the following: istence.
private gifts and bequests; appropriations for the bene-
fit of the Academy; grants-in-aid, contracts, and other (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1389.)
forms of financial agreement with executive depart-
ments and agencies. The Academy shall receive no HISTORICAL AND REVISION NOTES
compensation whatever for any services to the Govern-
Revised
ment of the United States. Further, the Academy shall Section Source (U.S. Code) Source (Statutes at Large)
be subject to all provisions of OMB Circular A–122,
‘‘Cost Principles for Non-Profit Organizations,’’ and to 150502 ......... 36:401. Apr. 3, 1952, ch. 131, § 1, 66
Stat. 37; July 5, 1968, Pub.
such other requirements regarding or limiting the L. 90–382, (1), 82 Stat. 292.
Academy’s recovery of costs as the Director of the Of-
fice of Management and Budget may specify from time This section is substituted for the source provision
to time in writing to the Academy and to agencies and for consistency in the revised title and to eliminate un-
departments of the Government. necessary and executed words.
4. When a department or agency of the executive
branch of the Government determines that the Acad- § 150503. Purposes
emy, because of its unique qualifications, is the only
source that can provide the measure of expertise, inde- The purposes of the corporation are—
pendence, objectivity, and audience acceptance nec- (1) to promote friendly and cooperative rela-
essary to meet the department’s or agency’s program tions between the State and territorial soci-
requirements, acquisition of services by the Academy eties in the District of Columbia;
may be obtained on a noncompetitive basis if otherwise (2) to foster, participate in, and encourage
in accordance with applicable law and regulations. educational, cultural, charitable, civic, and
§ 150304. Annual meeting patriotic programs and activities in the Dis-
trict of Columbia and surrounding commu-
The corporation shall hold an annual meeting nities; and
at a place designated by the corporation. (3) to act as contact agent with States for
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1389.) carrying out State and national programs.
§ 150504 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 172
AND ORGANIZATIONS

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1389.) (2) adopt and alter a corporate seal;
(3) adopt emblems and badges;
HISTORICAL AND REVISION NOTES (4) choose officers, managers, and agents as
Revised the activities of the corporation require;
Source (U.S. Code) Source (Statutes at Large)
Section (5) make contracts;
150503 ......... 36:402. Apr. 3, 1952, ch. 131, § 2, 66
(6) acquire, own, lease, encumber, and trans-
Stat. 38. fer property as necessary to carry out the pur-
poses of the corporation;
In clause (1), the word ‘‘various’’ is omitted as unnec- (7) borrow money, issue instruments of in-
essary. debtedness, and secure its obligations by
§ 150504. Membership granting security interests in its property;
(8) publish a magazine, newspaper, and other
The membership of the corporation consists of publications consistent with the purposes of
the members of the State and territorial soci- the corporation;
eties in the District of Columbia. Except as pro- (9) sue and be sued; and
vided in this chapter, eligibility for membership (10) do any other act necessary and proper to
in the corporation and the rights and privileges carry out the purposes of the corporation.
of members are as provided in the bylaws and (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1390.)
regulations of the corporation.
HISTORICAL AND REVISION NOTES
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1389.)
Revised Source (U.S. Code) Source (Statutes at Large)
HISTORICAL AND REVISION NOTES Section

Revised 150506 ......... 36:403. Apr. 3, 1952, ch. 131, §§ 3, 8, 66


Section Source (U.S. Code) Source (Statutes at Large) Stat. 38, 40.
36:408.
150504 ......... 36:405. Apr. 3, 1952, ch. 131, § 5, 66
Stat. 39. In this section, the text of 36:408 is omitted as exe-
cuted and obsolete.
The word ‘‘consists’’ is substituted for ‘‘shall be made In clause (1), the word ‘‘adopt’’ is substituted for ‘‘or-
up of’’ to eliminate unnecessary words. The word ‘‘var- dain and establish’’ for consistency in the revised title.
ious’’ is omitted as unnecessary. The words ‘‘not inconsistent with the laws of the
United States of America or of any State in which the
§ 150505. Governing body corporation operates’’ are omitted as unnecessary.
In clause (2), the word ‘‘use’’ is omitted as unneces-
(a) BOARD OF REPRESENTATIVES.—(1) The board
sary.
of representatives is the governing body of the In clause (3), the word ‘‘adopt’’ is substituted for ‘‘use
corporation. The board shall exercise the powers and display . . . as it may adopt’’ for consistency in the
granted to the corporation. revised title and to eliminate unnecessary words.
(2) The board consists of one representative In clause (4), the word ‘‘activities’’ is substituted for
from each State society and territorial society ‘‘business’’ for consistency in the revised title.
in the District of Columbia. Each member of the In clause (5), the words ‘‘make contracts’’ are sub-
stituted for ‘‘contract and be contracted with’’ for con-
board has one vote.
sistency in the revised title and to eliminate unneces-
(b) OFFICERS.—(1) The officers of the corpora- sary words.
tion are a president, a first vice president, a sec- Clause (6) is substituted for ‘‘take and hold by lease,
ond vice president, a secretary, an assistant sec- gift, purchase, grant, devise, or bequest any property,
retary, a treasurer, an assistant treasurer, a his- real or personal, necessary for carrying into effect the
torian, and other officers designated by the purposes of the corporation’’ and ‘‘transfer or convey
board. real or personal property’’ for consistency in the re-
(2) The officers shall be elected by the board at vised title and to eliminate unnecessary words. The
words ‘‘subject to applicable provisions of law of any
an annual meeting and serve for a term of 1 State (1) governing the amount or kind of real and per-
year. sonal property which may be held by, or (2) otherwise
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1390.) limiting or controlling the ownership of real and per-
sonal property by, a corporation operating in such
HISTORICAL AND REVISION NOTES State’’ are omitted as unnecessary.
In clause (7), the words ‘‘for the purposes of the cor-
Revised poration’’ are omitted as unnecessary. The words
Section Source (U.S. Code) Source (Statutes at Large)
‘‘issue instruments of indebtedness, and secure its obli-
150505(a) ..... 36:407(a), (c). Apr. 3, 1952, ch. 131, §§ 6, 7, 66 gations by granting security interests in its property’’
Stat. 39. are substituted for ‘‘issue notes, bonds, or other evi-
150505(b) ..... 36:406.
36:407(b). dences of indebtedness therefor, and secure the same by
mortgage’’ for consistency in the revised title. The
In subsection (a), the word ‘‘herein’’ is omitted as un- words ‘‘subject in every case to all applicable provi-
necessary. The text of 36:407(c) is omitted as obsolete. sions of Federal or State law’’ are omitted as unneces-
sary.
§ 150506. Powers In clause (9), the words ‘‘complain and defend in any
court of competent jurisdiction’’ are omitted as unnec-
The corporation has the powers provided in its essary.
bylaws and articles of incorporation filed in the
State in which it is incorporated, including the § 150507. Exclusive right to name, seals, emblems,
power to— and badges
(1) adopt bylaws and regulations for the The corporation has the exclusive right to use
management of its property and the regula- the name ‘‘National Conference of State Soci-
tion of its affairs; eties, Washington, District of Columbia’’ and
Page 173 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 150511
AND ORGANIZATIONS

seals, emblems, and badges the corporation HISTORICAL AND REVISION NOTES
adopts.
Revised
Section Source (U.S. Code) Source (Statutes at Large)
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1390.)
150509 ......... 36:404(a). Apr. 3, 1952, ch. 131, § 4(a), 66
HISTORICAL AND REVISION NOTES Stat. 39.

Revised Source (U.S. Code) Source (Statutes at Large) The word ‘‘office’’ is substituted for ‘‘offices’’ for con-
Section
sistency with section 150510 and other sections of the
150507 ......... 36:418. Apr. 3, 1952, ch. 131, § 18, 66 revised title. The word ‘‘various’’ is omitted as unnec-
Stat. 41; July 5, 1968, Pub. essary.
L. 90–382, (2), 82 Stat. 292.
§ 150510. Records and inspection
The words ‘‘in carrying out its purposes’’ are omitted
as unnecessary. (a) RECORDS.—The corporation shall keep—
(1) correct and complete records of account;
§ 150508. Restrictions (2) minutes of the proceedings of its mem-
bers, board of representatives, and committees
(a) STOCK AND DIVIDENDS.—The corporation having any of the authority of its board of rep-
may not issue stock or declare or pay a divi- resentatives; and
dend. (3) at its principal office, a record of the
(b) POLITICAL ACTIVITIES.—The corporation or names and addresses of its members entitled
an officer or member as such may not contrib- to vote.
ute to, support, or assist a political party or
candidate for elective public office. The corpora- (b) INSPECTION.—A member entitled to vote, or
tion may not carry on propaganda. an agent or attorney of the member, may in-
(c) DISTRIBUTION OF INCOME OR ASSETS.—The spect the records of the corporation for any
income or assets of the corporation may not proper purpose, at any reasonable time.
inure to the benefit of, or be distributed to, an (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1391.)
officer or member except on dissolution or final
liquidation of the corporation. HISTORICAL AND REVISION NOTES
(d) LOANS.—The corporation may not make a Revised
Source (U.S. Code) Source (Statutes at Large)
loan or advance to an officer or member of the Section
board of representatives. Officers and members 150510 ......... 36:413. Apr. 3, 1952, ch. 131, § 13, 66
of the board who vote for or assent to making a Stat. 40.
loan or advance to an officer or member of the
board, and officers or members of the board who The word ‘‘records’’ is substituted for ‘‘books and
records’’ for consistency in the revised title and with
participate in making the loan or advance, are other titles of the United States Code.
jointly and severally liable to the corporation
for the amount of the loan or advance until it is § 150511. Service of process
repaid.
(a) DISTRICT OF COLUMBIA.—The corporation
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1390.) shall have a designated agent in the District of
Columbia to receive service of process for the
HISTORICAL AND REVISION NOTES
corporation. Designation of the agent shall be
Revised
Source (U.S. Code) Source (Statutes at Large)
filed in the office of the clerk of the United
Section States District Court for the District of Colum-
150508(a) ..... 36:414. Apr. 3, 1952, ch. 131, §§ 9–11, bia. Notice to or service on the agent, or mailed
14, 15, 66 Stat. 40. to the address of the agent, is notice to or serv-
150508(b) ..... 36:410.
36:411. ice on the corporation.
150508(c) ..... 36:409. (b) STATES.—As a condition to the exercise in
150508(d) ..... 36:415.
any State of any power or privilege granted by
In subsection (a), the words ‘‘any shares of’’ are omit- this chapter, the corporation shall file, with the
ted as unnecessary. secretary of state or other designated official of
In subsection (b), the words ‘‘The corporation may that State, the name and address of an agent in
not’’ are substituted for ‘‘No part of the activities of that State on whom legal process or demands
the corporation shall consist of’’ to eliminate unneces- against the corporation may be served.
sary words.
In subsection (c), the words ‘‘inure to the benefit of’’ (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1391; Pub.
are substituted for ‘‘inure’’ for consistency in the re- L. 109–284, § 5(8), Sept. 27, 2006, 120 Stat. 1212.)
vised title. The words ‘‘as provided in section 417 of this
HISTORICAL AND REVISION NOTES
title’’ are omitted as unnecessary.
In subsection (d), the words ‘‘or advance’’ are added Revised
in 2 places for consistency in the subsection. Section Source (U.S. Code) Source (Statutes at Large)

150511(a) ..... 36:404(b). Apr. 3, 1952, ch. 131, §§ 4(b),


§ 150509. Headquarters and principal office 19, 66 Stat. 39, 41.
150511(b) ..... 36:419.
The headquarters and principal office of the
corporation shall be in the District of Columbia. In subsection (a), the word ‘‘have’’ is substituted for
However, the activities of the corporation are ‘‘maintain’’ for consistency in the revised title. The
not confined to the District of Columbia but words ‘‘at all times’’ are omitted as unnecessary. The
may be conducted throughout the States, terri- words ‘‘to receive’’ are substituted for ‘‘authorized to
tories, and possessions of the United States. accept’’, and the words ‘‘is notice to or service on’’ are
substituted for ‘‘shall be deemed sufficient notice or
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1391.) service upon’’, for consistency in the revised title.
§ 150512 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 174
AND ORGANIZATIONS

In subsection (b), the words ‘‘precedent’’ and ‘‘or con- HISTORICAL AND REVISION NOTES
ferred’’ are omitted as unnecessary. The words ‘‘file,
with the secretary of state or other designated official’’ Revised
Section Source (U.S. Code) Source (Statutes at Large)
are substituted for ‘‘serve notice upon the secretary of
state, or similar officer’’ for consistency in the revised 150701 ......... 36:431. Aug. 13, 1953, ch. 427, §§ 1, 2,
title. 67 Stat. 562.
36:432.
AMENDMENTS
This section is substituted for the source provisions
2006—Subsec. (b). Pub. L. 109–284 substituted ‘‘with for consistency in the revised title and to eliminate un-
the secretary’’ for ‘‘with secretary’’. necessary and executed words.
§ 150512. Liability for acts of officers and agents § 150702. Purposes
The corporation is liable for the acts of its of- The purposes of the corporation are—
ficers and agents acting within the scope of (1) to hold an annual national conference on
their authority. citizenship on or about ‘‘Citizenship Day’’,
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1391.) September 17;
(2) to assist in the development of more dy-
HISTORICAL AND REVISION NOTES namic procedures for making citizenship more
Revised
effective, including the promotion and encour-
Section Source (U.S. Code) Source (Statutes at Large) agement of local, State, and regional citizen-
150512 ......... 36:412. Apr. 3, 1952, ch. 131, § 12, 66
ship conferences; and
Stat. 40. (3) to indicate the ways and means by which
various organizations may contribute con-
§ 150513. Distribution of assets on dissolution or cretely to the development of a more active,
final liquidation alert, enlightened, conscientious, and progres-
sive citizenry in our country.
On dissolution or final liquidation of the cor-
poration, any assets remaining after the dis- (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1392.)
charge of all liabilities shall be divided equally HISTORICAL AND REVISION NOTES
among the State and territorial societies in the
District of Columbia. Revised Source (U.S. Code) Source (Statutes at Large)
Section
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1391.) 150702 ......... 36:433. Aug. 13, 1953, ch. 427, § 3, 67
Stat. 562.
HISTORICAL AND REVISION NOTES

Revised Source (U.S. Code) Source (Statutes at Large)


§ 150703. Membership
Section
(a) ELIGIBILITY.—Membership in the corpora-
150513 ......... 36:417. Apr. 3, 1952, ch. 131, § 17, 66
Stat. 41. tion is confined to agencies and organizations.
Except as provided in this chapter, the rights
The word ‘‘satisfaction’’ is omitted as included in and privileges of members are as provided in the
‘‘discharge’’, and the word ‘‘obligations’’ is omitted as bylaws.
included in ‘‘liabilities’’. The word ‘‘outstanding’’ is (b) VOTING.—Each agency or organization
omitted as unnecessary.
sending delegates to, and participating in, the
CHAPTER 1507—NATIONAL CONFERENCE ON annual national conference on citizenship has
CITIZENSHIP one vote in the conduct of the business of the
conference.
Sec.
150701. Organization. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1392.)
150702. Purposes. HISTORICAL AND REVISION NOTES
150703. Membership.
150704. National officers. Revised Source (U.S. Code) Source (Statutes at Large)
150705. Board of directors. Section
150706. Powers.
150703 ......... 36:436. Aug. 13, 1953, ch. 427, § 6, 67
150707. Exclusive right to name, seals, emblems, and Stat. 563.
badges.
150708. Restrictions.
150709. Headquarters and principal office.
§ 150704. National officers
150710. Records and inspection. (a) NATIONAL OFFICERS.—The national officers
150711. Service of process. of the corporation are a president, a first vice
150712. Liability for acts of officers and agents.
150713. Distribution of assets on dissolution or final
president, a second vice president, a third vice
liquidation. president, a secretary, and a treasurer. The
president is chairman of the board of directors
§ 150701. Organization and of the executive committee described in sec-
tion 150705(d) of this title.
(a) FEDERAL CHARTER.—National Conference (b) ELECTION.—The national officers are elect-
on Citizenship (in this chapter, the ‘‘corpora- ed biennially from among the officers and mem-
tion’’) is a federally chartered corporation. bers of the member agencies and organizations
(b) PERPETUAL EXISTENCE.—Except as other- participating in the annual national conference
wise provided, the corporation has perpetual ex- on citizenship, by a majority vote of the agen-
istence. cies and organizations sending delegates to, and
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1392.) participating in, the conference.
Page 175 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 150706
AND ORGANIZATIONS

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1392.) In subsection (b), the words ‘‘one vote to each such
agency and to each such organization’’ are omitted be-
HISTORICAL AND REVISION NOTES cause section 150703(b) of the revised title already
states that each of those agencies and organizations
Revised Source (U.S. Code) Source (Statutes at Large) has one vote.
Section
In subsection (c), the words ‘‘hold an annual meet-
150704 ......... 36:437. Aug. 13, 1953, ch. 427, § 7, 67 ing’’ are substituted for ‘‘meet at least once each year’’
Stat. 563. for consistency in the revised title.
In subsection (d), the words ‘‘and exercise’’ are omit-
In subsection (b), the words ‘‘For the purposes of ini- ted as unnecessary.
tiating the corporation, the national officers shall be In subsection (e), the words ‘‘who shall have the
elected within ten days of August 13, 1953, by the per- qualifications and terms of employment decided’’ are
sons named in section 431 of this title, to serve until substituted for ‘‘in keeping with qualifications and
the final session of the next following annual con- terms of employment adopted’’ for clarity and consist-
ference. Thereafter’’ are omitted as obsolete. The words ency.
‘‘one vote to each such agency and to each such organi-
zation’’ are omitted because section 150703(b) of the re- § 150706. Powers
vised title already states that each of those agencies
and organizations has one vote. The corporation may—
(1) adopt and amend bylaws and regulations
§ 150705. Board of directors for the management of its property and the
(a) GENERAL.—The board of directors is the regulation of its affairs, including the estab-
governing body of the corporation. The board lishment and maintenance of local and State
shall exercise the powers granted to the corpora- conferences on citizenship;
tion. (2) adopt and alter a corporate seal;
(b) NUMBER AND ELECTION.—The number of di- (3) adopt emblems and badges;
rectors and their term of office are as provided (4) choose officers, managers, employees, and
in the bylaws, except that the board shall have agents as the activities of the corporation re-
at least 10 members (including ex officio mem- quire;
bers). The directors are elected from among the (5) make contracts;
officers and members of the member agencies (6) acquire, own, lease, encumber, and trans-
and organizations participating in the annual fer property as necessary to carry out the pur-
national conference on citizenship, by a major- poses of the corporation;
ity vote of the agencies and organizations send- (7) borrow money, issue instruments of in-
ing delegates to, and participating in, the con- debtedness, and secure its obligations by
ference. granting security interests in its property;
(c) MEETINGS.—The board shall hold an annual (8) use corporate funds to give prizes or
meeting at a time and place as may be provided awards to citizens for outstanding contribu-
in the bylaws. The annual report of the board tions toward the achievement of the purposes
shall be presented at the annual meeting. Spe- of the corporation;
cial meetings of the board may be called as pro- (9) publish a magazine and other publica-
vided in the bylaws. tions consistent with the purposes of the cor-
(d) EXECUTIVE COMMITTEE.—The board shall poration;
designate 3 of its own members, who together (10) sue and be sued; and
with the president and the 3 vice presidents con- (11) do any other act necessary and proper to
stitute the executive committee. When the carry out the purposes of the corporation.
board is not in session, the executive committee (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1393.)
has the powers of the board subject to the
board’s direction and may authorize the seal of HISTORICAL AND REVISION NOTES
the corporation to be affixed to all papers that Revised
Source (U.S. Code) Source (Statutes at Large)
require it. Section
(e) EXECUTIVE DIRECTOR AND PROFESSIONAL 150706 ......... 36:434. Aug. 13, 1953, ch. 427, § 4, 67
STAFF.—The executive committee shall select Stat. 562.
an executive director for the corporation, who
shall have the qualifications and terms of em- In clause (1), the word ‘‘alter’’ is omitted as unneces-
ployment decided by the committee. The execu- sary. The words ‘‘not inconsistent with the laws of the
United States or any State in which such corporation
tive director shall nominate other professional is to operate’’ are omitted as unnecessary.
staff members, who must be approved by the ex- In clause (2), the word ‘‘use’’ is omitted as unneces-
ecutive committee. sary.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1392.) In clause (3), the words ‘‘adopt emblems and badges’’
are substituted for ‘‘use and display such emblems and
HISTORICAL AND REVISION NOTES badges as it may adopt’’ for consistency in the revised
title and to eliminate unnecessary words.
Revised
Source (U.S. Code) Source (Statutes at Large) In clause (5), the words ‘‘make contracts’’ are sub-
Section stituted for ‘‘contract and be contracted with’’ for con-
150705 ......... 36:438. Aug. 13, 1953, ch. 427, § 8, 67 sistency and to eliminate unnecessary words.
Stat. 564. Clause (6) is substituted for ‘‘take and hold by lease,
gift, purchase, grant, devise, or bequest any property,
In subsection (a), the words ‘‘From August 13, 1953, real or personal, necessary for attaining the objects
until the final session of the next following annual con- and accomplishing the purposes of the corporation’’
ference . . . shall be the persons named in section 431 of and ‘‘transfer and convey real or personal property’’ for
this title and such additional persons as shall be named consistency in the revised title and to eliminate unnec-
by them. Thereafter’’ are omitted as obsolete. essary words. The words ‘‘subject to applicable provi-
§ 150707 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 176
AND ORGANIZATIONS

sions of law of any State (a) governing the amount or HISTORICAL AND REVISION NOTES—Continued
kind of real and personal property which may be held
by, or (b) otherwise limiting or controlling the owner- Revised
Section Source (U.S. Code) Source (Statutes at Large)
ship of real and personal property by a corporation op-
erating in such State’’ are omitted as unnecessary. 150708(b) ..... 36:440.
In clause (7), the words ‘‘for the purposes of the cor- 150708(c) ..... 36:439(a).
poration’’ are omitted as unnecessary. The words 150708(d) ..... 36:439(b).
‘‘issue instruments of indebtedness, and secure its obli-
gations by granting security interests in its property’’ In subsection (a), the words ‘‘any shares of’’ and ‘‘its
are substituted for ‘‘issue bonds therefor, and secure objects and purposes being solely patriotic and edu-
the same by mortgage’’ for consistency in the revised cational’’ are omitted as unnecessary.
title. The words ‘‘subject to all applicable provisions of In subsection (c), the words ‘‘inure to the benefit of’’
Federal or State law’’ are omitted as unnecessary. are substituted for ‘‘inure to’’ for consistency in the re-
In clause (10), the words ‘‘complain, and defend in any vised title. The words ‘‘such person, agency, or organi-
court of competent jurisdiction’’ are omitted as unnec- zation’’ are interpreted as referring to a ‘‘member, offi-
essary. cer, or director’’ and are omitted as unnecessary. The
In clause (11), the words ‘‘any other act’’ are sub- words ‘‘as provided in section 445 of this title’’ are
stituted for ‘‘any and all acts and things’’ to eliminate omitted as unnecessary. The words ‘‘This subsection
unnecessary words. The word ‘‘objects’’ is omitted as does not prevent’’ are substituted for ‘‘Nothing in this
unnecessary. subsection, however, shall be construed to prevent’’ to
eliminate unnecessary words.
§ 150707. Exclusive right to name, seals, emblems,
and badges § 150709. Headquarters and principal office
The corporation has the exclusive right to use The headquarters and principal office of the
the name ‘‘National Conference on Citizenship’’ corporation shall be in the District of Columbia,
and seals, emblems, and badges the corporation Maryland, or Virginia. However, the activities
adopts. of the corporation are not confined to the Dis-
trict of Columbia, Maryland, and Virginia but
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1393.) may be conducted throughout the States, terri-
HISTORICAL AND REVISION NOTES tories, and possessions of the United States.
Revised
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1394.)
Section Source (U.S. Code) Source (Statutes at Large)
HISTORICAL AND REVISION NOTES
150707 ......... 36:446. Aug. 13, 1953, ch. 427, § 16, 67
Stat. 565. Revised
Section Source (U.S. Code) Source (Statutes at Large)
The word ‘‘sole’’ is omitted as unnecessary and for
150709 ......... 36:435(a). Aug. 13, 1953, ch. 427, § 5(a),
consistency in the revised title. 67 Stat. 563.

§ 150708. Restrictions The word ‘‘office’’ is substituted for ‘‘offices’’ for con-
(a) STOCK AND DIVIDENDS.—The corporation sistency with section 150710 and other sections of the
may not issue stock or declare or pay a divi- revised title. The words ‘‘the States of’’ and ‘‘various’’
are omitted as unnecessary.
dend.
(b) POLITICAL ACTIVITIES.—The corporation or § 150710. Records and inspection
a director, officer, or member as such may not
contribute to, support, or assist a political party (a) RECORDS.—The corporation shall keep—
or candidate for elective public office, or advo- (1) correct and complete records of account;
cate, sponsor, or promote legislation in the Con- (2) minutes of the proceedings of its annual
gress of the United States or in the legislature national conference, board of directors, and
of a State. committees having any of the authority of its
(c) DISTRIBUTION OF INCOME OR ASSETS.—The board of directors; and
income or assets of the corporation may not (3) at its principal office, a record of the
inure to the benefit of, or be distributed to, a di- names and addresses of its members entitled
rector, officer, or member except on dissolution to vote.
or final liquidation of the corporation. This sub- (b) INSPECTION.—A member entitled to vote, or
section does not prevent the executive commit- an agent or attorney of the member, may in-
tee from adopting terms of employment of the spect the records of the corporation for any
executive director as provided in section proper purpose, at any reasonable time.
150705(e) of this title.
(d) LOANS.—The corporation may not make a (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1394.)
loan to a director, officer, or employee. Direc- HISTORICAL AND REVISION NOTES
tors who vote for or assent to making a loan to
a director, officer, or employee, and officers who Revised Source (U.S. Code) Source (Statutes at Large)
Section
participate in making the loan, are jointly and
severally liable to the corporation for the 150710 ......... 36:443. Aug. 13, 1953, ch. 427, § 13, 67
Stat. 565.
amount of the loan until it is repaid.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1393.) The word ‘‘records’’ is substituted for ‘‘books and
records’’ for consistency in the revised title and with
HISTORICAL AND REVISION NOTES other titles of the United States Code.
Revised Source (U.S. Code) Source (Statutes at Large) § 150711. Service of process
Section

150708(a) ..... 36:442. Aug. 13, 1953, ch. 427, §§ 9, 10,


The corporation shall have a designated agent
12, 67 Stat. 564, 565. in the District of Columbia to receive service of
Page 177 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 150903
AND ORGANIZATIONS

process for the corporation. Designation of the Sec.


agent shall be filed in the office of the clerk of 150912. Distribution of assets on dissolution or final
liquidation.
the United States District Court for the District
of Columbia. Notice to or service on the agent, § 150901. Organization
or mailed to the business address of the agent, is
notice to or service on the corporation. (a) FEDERAL CHARTER.—National Council on
Radiation Protection and Measurements (in this
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1394.) chapter, the ‘‘corporation’’) is a federally char-
HISTORICAL AND REVISION NOTES
tered corporation.
(b) PERPETUAL EXISTENCE.—Except as other-
Revised wise provided, the corporation has perpetual ex-
Section Source (U.S. Code) Source (Statutes at Large)
istence.
150711 ......... 36:435(b). Aug. 13, 1953, ch. 427, § 5(b), (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1395.)
67 Stat. 563.
HISTORICAL AND REVISION NOTES
The word ‘‘have’’ is substituted for ‘‘maintain’’ for
consistency in the revised title. The words ‘‘at all Revised Source (U.S. Code) Source (Statutes at Large)
times’’ are omitted as unnecessary. The words ‘‘to re- Section
ceive’’ are substituted for ‘‘authorized to accept’’, and 150901 ......... 36:4501. July 14, 1964, Pub. L. 88–376,
the words ‘‘is notice to or service on’’ are substituted § 1, 78 Stat. 320.
for ‘‘shall be deemed sufficient notice or service upon’’,
for consistency in the revised title. This section is substituted for the source provision
for consistency in the revised title and to eliminate un-
§ 150712. Liability for acts of officers and agents necessary and executed words.

The corporation is liable for the acts of its of- § 150902. Purposes
ficers and agents acting within the scope of
The purposes of the corporation are—
their authority. (1) to collect, analyze, develop, and dissemi-
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1394.) nate in the public interest information and
recommendations about—
HISTORICAL AND REVISION NOTES (A) protection against radiation; and
Revised
(B) radiation measurements, quantities,
Section Source (U.S. Code) Source (Statutes at Large) and units, particularly those concerned with
protection against radiation;
150712 ......... 36:441. Aug. 13, 1953, ch. 427, § 11, 67
Stat. 565. (2) to provide a means by which organiza-
tions concerned with the scientific and related
§ 150713. Distribution of assets on dissolution or aspects of protection against radiation and of
final liquidation radiation quantities, units, and measurements
may cooperate for effective use of their com-
On dissolution or final liquidation of the cor-
bined resources, and to stimulate the work of
poration, any assets remaining after the dis-
those organizations;
charge of all liabilities shall be transferred by (3) to develop basic concepts about—
the board of directors to a recognized agency or (A) radiation quantities, units, and meas-
agencies engaged in the furtherance and ad- urements;
vancement of citizenship. (B) the application of those concepts; and
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1394.) (C) protection against radiation; and
(4) to cooperate with the International Com-
HISTORICAL AND REVISION NOTES
mission on Radiological Protection, the Fed-
Revised eral Radiation Council, the International
Section Source (U.S. Code) Source (Statutes at Large)
Commission on Radiological Units and Meas-
150713 ......... 36:445. Aug. 13, 1953, ch. 427, § 15, 67 urements, and other national and inter-
Stat. 565. national organizations, governmental and pri-
vate, concerned with radiation quantities,
The word ‘‘satisfaction’’ is omitted as included in units, and measurements and with protection
‘‘discharge’’, and the word ‘‘obligations’’ is omitted as
included in ‘‘liabilities’’. The word ‘‘outstanding’’ is
against radiation.
omitted as unnecessary. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1395.)
CHAPTER 1509—NATIONAL COUNCIL ON RA- HISTORICAL AND REVISION NOTES
DIATION PROTECTION AND MEASURE-
Revised Source (U.S. Code) Source (Statutes at Large)
MENTS Section

Sec. 150902 ......... 36:4503. July 14, 1964, Pub. L. 88–376,


150901. Organization. § 3, 78 Stat. 321.
150902. Purposes.
In this section, the word ‘‘objects’’ is omitted as un-
150903. Membership.
necessary. The words ‘‘protection against radiation’’
150904. Governing body.
are used throughout, and the words ‘‘(referred to herein
150905. Powers.
as ‘radiation protection’)’’ in 36:4503(1) are omitted, for
150906. Restrictions.
clarity and to eliminate unnecessary words.
150907. Principal office.
150908. Records and inspection. § 150903. Membership
150909. Statement required in audit report.
150910. Service of process. (a) ELIGIBILITY.—Except as provided in this
150911. Liability for acts of officers and agents. chapter, eligibility for membership in the cor-
§ 150904 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 178
AND ORGANIZATIONS

poration and the rights and privileges of mem- HISTORICAL AND REVISION NOTES
bers are as provided in the bylaws.
Revised
(b) VOTING.—Each member (except an honor- Section Source (U.S. Code) Source (Statutes at Large)
ary or associate member) has one vote on each 150905 ......... 36:4502. July 14, 1964, Pub. L. 88–376,
matter submitted to a vote at a meeting of the §§ 2, 4, 16, 78 Stat. 321, 324.
members. 36:4504.
36:4516.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1395.)
In this section, the text of 36:4502 and 4516 is omitted
HISTORICAL AND REVISION NOTES as executed and obsolete.
In clause (1), the words ‘‘alter’’ and ‘‘not inconsistent
Revised
Source (U.S. Code) Source (Statutes at Large) with the laws of the United States of America or of any
Section State in which the corporation is to operate’’ are omit-
150903 ......... 36:4506. July 14, 1964, Pub. L. 88–376, ted as unnecessary.
§ 6, 78 Stat. 322. In clause (2), the word ‘‘use’’ is omitted as unneces-
sary.
In subsection (b), the words ‘‘the right to’’ are omit- In clause (3), the word ‘‘activities’’ is substituted for
ted as unnecessary. ‘‘business’’ for consistency in the revised title.
Clause (5) is substituted for ‘‘take and hold by lease,
gift, purchase, grant, devise, or bequest, or by any
§ 150904. Governing body other method, any property, real or personal, necessary
or proper for attaining the objects and carrying into ef-
(a) BOARD OF DIRECTORS.—(1) The board of di- fect the purposes of the corporation’’ and ‘‘transfer and
rectors is the governing body of the corporation. convey real or personal property, and to mortgage,
Between meetings of the corporation, the board pledge, encumber, lease, and sublease the same’’ for
is responsible for the general policies and pro- consistency in the revised title and to eliminate unnec-
gram of the corporation. The board is respon- essary words. The words ‘‘subject, however, to applica-
ble provisions of law of any State or the District of Co-
sible for the control of all funds of the corpora- lumbia (a) governing the amount or kind of such prop-
tion. erty which may be held by, or (b) otherwise limiting or
(2) The selection of directors and their term of controlling the ownership of any such property by a
office are as provided in the bylaws. corporation operating in such State or the District of
(b) OFFICERS.—(1) The officers of the corpora- Columbia’’ are omitted as unnecessary.
tion are a president, one or more vice presi- In clause (6), the words ‘‘for its corporate purposes’’
are omitted as unnecessary. The words ‘‘issue instru-
dents, a secretary, a treasurer, and other offi- ments of indebtedness, and secure its obligations by
cers as provided in the bylaws. Their duties are granting security interests in its property’’ are sub-
as provided in the bylaws. stituted for ‘‘issue bonds or other evidences of indebt-
(2) The officers shall be elected at the annual edness therefor, and to secure the same by mortgage,
meeting of the corporation. pledge, or lien’’ for consistency in the revised title and
to eliminate unnecessary words. The words ‘‘subject in
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1395.) every case to all applicable provisions of Federal or
State law, or of the laws of the District of Columbia’’
HISTORICAL AND REVISION NOTES
are omitted as unnecessary.
Revised
In clause (7), the words ‘‘complain and defend in any
Section Source (U.S. Code) Source (Statutes at Large) court of competent jurisdiction’’ are omitted as unnec-
essary.
150904(a) ..... 36:4507. July 14, 1964, Pub. L. 88–376, In clause (8), the words ‘‘any other act’’ are sub-
§§ 7, 8, 78 Stat. 322.
150904(b) ..... 36:4508. stituted for ‘‘any and all such acts and things’’ to
eliminate unnecessary words.
In subsection (a), the text of 36:4507(a) is omitted as
§ 150906. Restrictions
obsolete.
(a) STOCK AND DIVIDENDS.—The corporation
may not issue stock or declare or pay a divi-
§ 150905. Powers
dend.
The corporation may— (b) POLITICAL ACTIVITIES.—The corporation or
(1) adopt and amend bylaws for the manage- a director, officer, or agent as such may not con-
ment of its property and the regulation of its tribute to, support, or assist a political party or
affairs; candidate for office.
(2) adopt and alter a corporate seal; (c) DISTRIBUTION OF INCOME OR ASSETS.—The
(3) choose directors, officers, trustees, man- income or assets of the corporation may not
agers, employees, and agents as the activities inure to the benefit of, or be distributed to, a di-
of the corporation require; rector, officer, or member during the life of the
corporation or on its dissolution or final liquida-
(4) make contracts;
tion. This subsection does not prevent the pay-
(5) acquire, own, lease, encumber, and trans-
ment of reasonable compensation to an officer
fer property as necessary to carry out the pur-
in an amount approved by the board of directors.
poses of the corporation; (d) LOANS.—The corporation may not make a
(6) borrow money, issue instruments of in- loan to a director, officer, or employee. Direc-
debtedness, and secure its obligations by tors who vote for or assent to making a loan to
granting security interests in its property; a director, officer, or employee, and officers who
(7) sue and be sued; and participate in making the loan, are jointly and
(8) do any other act necessary and proper to severally liable to the corporation for the
carry out the purposes of the corporation. amount of the loan until it is repaid.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1396.) (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1396.)
Page 179 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 150912
AND ORGANIZATIONS

HISTORICAL AND REVISION NOTES (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1397.)
Revised
Source (U.S. Code) Source (Statutes at Large) HISTORICAL AND REVISION NOTES
Section
Revised Source (U.S. Code) Source (Statutes at Large)
150906(a) ..... 36:4512. July 14, 1964, Pub. L. 88–376, Section
§§ 9, 10, 12, 78 Stat. 322, 323.
150906(b) ..... 36:4510.
150906(c) ..... 36:4509(a). 150909 ......... 36:4514(b) (2d sen- July 14, 1964, Pub. L. 88–376,
150906(d) ..... 36:4509(b). tence cl. (2)). § 14(b) (2d sentence cl. (2)),
78 Stat. 324.

In subsection (a), the words ‘‘any shares of’’ are omit- The word ‘‘salaries’’ is omitted as included in ‘‘com-
ted as unnecessary. pensation’’.
In subsection (b), the words ‘‘duly appointed’’ are
omitted as unnecessary. TERMINATION OF REPORTING REQUIREMENTS
In subsection (c), the words ‘‘inure to the benefit of’’ For termination, effective May 15, 2000, of reporting
are substituted for ‘‘inure to’’ for consistency in the re- provisions in this section, see section 3003 of Pub. L.
vised title. 104–66, as amended, set out as a note under section 1113
of Title 31, Money and Finance, and page 203 of House
§ 150907. Principal office
Document No. 103–7.
The principal office of the corporation shall be
§ 150910. Service of process
in the District of Columbia or another place de-
cided by the board of directors. However, the ac- The corporation shall have a designated agent
tivities of the corporation may be conducted in the District of Columbia to receive service of
throughout the world. process for the corporation. Notice to or service
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1396.) on the agent, or mailed to the business address
of the agent, is notice to or service on the cor-
HISTORICAL AND REVISION NOTES poration.
Revised (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1397.)
Section Source (U.S. Code) Source (Statutes at Large)
HISTORICAL AND REVISION NOTES
150907 ......... 36:4505(a). July 14, 1964, Pub. L. 88–376,
§ 5(a), 78 Stat. 322. Revised
Section Source (U.S. Code) Source (Statutes at Large)
The words ‘‘shall not be confined to that place and’’
150910 ......... 36:4505(b). July 14, 1964, Pub. L. 88–376,
are omitted as unnecessary. The words ‘‘throughout the § 5(b), 78 Stat. 322.
various States, the Commonwealth of Puerto Rico, and
the possessions of the United States, and in other The word ‘‘have’’ is substituted for ‘‘maintain’’ for
areas’’ are omitted as included in ‘‘throughout the consistency in the revised title. The words ‘‘at all
world’’. times’’ and ‘‘authorized’’ are omitted as unnecessary.
§ 150908. Records and inspection § 150911. Liability for acts of officers and agents
(a) RECORDS.—The corporation shall keep— The corporation is liable for the acts of its of-
(1) correct and complete records of account; ficers and agents acting within the scope of
(2) minutes of the proceedings of its mem- their authority.
bers, board of directors, and committees hav-
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1397.)
ing any of the authority of its board of direc-
tors; and HISTORICAL AND REVISION NOTES
(3) at its principal office, a record of the
Revised
names and addresses of its members entitled Section Source (U.S. Code) Source (Statutes at Large)
to vote.
150911 ......... 36:4511. July 14, 1964, Pub. L. 88–376,
(b) INSPECTION.—A member entitled to vote, or § 11, 78 Stat. 323.
an agent or attorney of the member, may in-
spect the records of the corporation for any § 150912. Distribution of assets on dissolution or
proper purpose, at any reasonable time. final liquidation
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1396.) On dissolution or final liquidation of the cor-
poration, any assets remaining after the dis-
HISTORICAL AND REVISION NOTES
charge of all liabilities shall be distributed as
Revised provided by the board of directors, but consist-
Section Source (U.S. Code) Source (Statutes at Large)
ent with the purposes of the corporation and in
150908 ......... 36:4513. July 14, 1964, Pub. L. 88–376, compliance with the bylaws.
§ 13, 78 Stat. 323.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1397.)
The word ‘‘records’’ is substituted for ‘‘books and HISTORICAL AND REVISION NOTES
records’’ for consistency in the revised title and with
other titles of the United States Code. Revised
Section Source (U.S. Code) Source (Statutes at Large)
§ 150909. Statement required in audit report
150912 ......... 36:4515. July 14, 1964, Pub. L. 88–376,
The corporation shall include in the audit re- § 15, 78 Stat. 324.
port statement required under section The word ‘‘satisfaction’’ is omitted as included in
10101(b)(1)(B) of this title a schedule of all con- ‘‘discharge’’, and the word ‘‘obligations’’ is omitted as
tracts requiring payments greater than $10,000 included in ‘‘liabilities’’. The words ‘‘outstanding’’ and
and all payments of compensation or fees at a ‘‘and all Federal and State laws applicable thereto’’ are
rate greater than $10,000 a year. omitted as unnecessary.
§ 151101 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 180
AND ORGANIZATIONS

CHAPTER 1511—NATIONAL EDUCATION classes’’ are substituted for ‘‘classifications’’, and the
ASSOCIATION OF THE UNITED STATES words ‘‘are as provided in the bylaws’’ are substituted
for ‘‘shall be prescribed in the bylaws’’, for consistency
Sec. in the revised title.
151101. Organization.
151102. Purposes. § 151104. Governing body
151103. Membership.
(a) OFFICERS.—The officers of the corporation
151104. Governing body.
151105. Powers. are a president, one or more vice presidents, a
151106. Tax exemption. secretary, a treasurer, and the members of a
151107. Principal office. board of directors, an executive committee, and
151108. Nonapplication of audit requirements. any other boards, councils, and committees, and
other officers, as provided in the bylaws.
§ 151101. Organization (b) ADDITIONAL PROVISIONS.—Except as pro-
(a) FEDERAL CHARTER.—National Education vided in this chapter, the manner of selection,
Association of the United States (in this chap- term of office, powers, and duties of the officers,
ter, the ‘‘corporation’’) is a federally chartered boards, councils, and committees are as pro-
corporation. vided in the bylaws. The bylaws may provide
(b) PLACE OF INCORPORATION.—The corporation other and different provisions as to the names
is declared to be incorporated in the District of and numbers of the officers, boards, councils,
Columbia. and committees.
(c) PERPETUAL EXISTENCE.—Except as other- (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1398.)
wise provided, the corporation has perpetual ex-
istence. HISTORICAL AND REVISION NOTES

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1397.) Revised


Section Source (U.S. Code) Source (Statutes at Large)

HISTORICAL AND REVISION NOTES 151104 ......... 36:5302 (last sen- June 30, 1906, ch. 3929, § 2
tence). (last sentence), 34 Stat.
Revised Source (U.S. Code) Source (Statutes at Large) 805.
Section 36:5306. June 30, 1906, ch. 3929, § 6, 34
Stat. 805; June 14, 1937, ch.
151101 ......... 36:5301. June 30, 1906, ch. 3929, §§ 1, 336, § 2, 50 Stat. 257; June
10, 34 Stat. 804, 807. 30, 1969, Pub. L. 91–37,
36:5310. § 1(b), 83 Stat. 43.

This section is substituted for 36:5301 for consistency In this section, the text of 36:5302 (last sentence) is
in the revised title and to eliminate executed and obso- omitted as unnecessary and obsolete because it in-
lete words. The text of 36:5310 is omitted as executed cludes authority to change or abolish the departments
and obsolete. specified in that provision.
In subsection (a), the words ‘‘and the members of’’
§ 151102. Purposes are added for clarity.
In subsection (b), the words ‘‘manner of selection’’
The purposes of the corporation are— are substituted for ‘‘manner of election or appoint-
(1) to elevate the character and advance the ment’’ for consistency in the revised title and to elimi-
interests of the profession of teaching; and nate unnecessary words. The words ‘‘are as provided in
(2) to promote the cause of education in the the bylaws’’ are substituted for ‘‘the bylaws of the cor-
United States. poration shall prescribe’’ for consistency in the revised
title.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1397.)
§ 151105. Powers
HISTORICAL AND REVISION NOTES
The corporation may—
Revised Source (U.S. Code) Source (Statutes at Large) (1) adopt and amend bylaws;
Section
(2) adopt and alter a corporate seal;
151102 ......... 36:5302 (1st sen- June 30, 1906, ch. 3929, § 2 (3) acquire, own, lease, encumber, and trans-
tence). (1st sentence), 34 Stat. 805. fer property to carry out the purposes of the
corporation;
Before clause (1), the word ‘‘object’’ is omitted as in-
cluded in ‘‘purposes’’. (4) accept and administer a trust for edu-
cational purposes;
§ 151103. Membership (5) borrow money, issue instruments of in-
debtedness, and secure its obligations by
Eligibility for membership in the corporation granting security interests in its property; and
and the rights, obligations, and designation of (6) sue and be sued in any court of the
classes of members are as provided in the by- United States, or other court of competent ju-
laws. risdiction.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1398.) (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1398.)
HISTORICAL AND REVISION NOTES HISTORICAL AND REVISION NOTES
Revised Revised
Section Source (U.S. Code) Source (Statutes at Large) Source (U.S. Code) Source (Statutes at Large)
Section
151103 ......... 36:5305. June 30, 1906, ch. 3929, § 5, 34 151105 ......... 36:5303. June 30, 1906, ch. 3929, § 3, 34
Stat. 805; June 14, 1937, ch. Stat. 805; June 30, 1969,
336, § 1, 50 Stat. 257. Pub. L. 91–37, § 1(a), 83
Stat. 42.
The words ‘‘Eligibility for membership’’ are sub- 36:5309. June 30, 1906, ch. 3929, § 9, 34
Stat. 807.
stituted for ‘‘qualifications’’, the words ‘‘designation of
Page 181 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 151108
AND ORGANIZATIONS

In this section, the text of 36:5309 is omitted as exe- In subsection (c), the words ‘‘Secretary of Education’’
cuted and obsolete. are substituted for ‘‘Commissioner of Education of the
In clause (1), the words ‘‘adopt and amend’’ are sub- United States’’ because all functions of the Commis-
stituted for ‘‘make’’ for consistency in the revised title. sioner of Education have been transferred to the Sec-
The words ‘‘not inconsistent with the provisions of this retary of Education as provided in 20:3441(a).
chapter or of the Constitution of the United States’’
are omitted as unnecessary. TAXATION OF REAL PROPERTY OF NEA IN DISTRICT OF
In clause (2), the words ‘‘adopt and alter a corporate COLUMBIA
seal’’ are substituted for ‘‘have and to use a common Pub. L. 105–277, div. A, § 101(c) [§ 147], Oct. 21, 1998, 112
seal, and to alter and change the same at its pleasure’’ Stat. 2681–121, 2681–145, provided that: ‘‘Notwithstand-
for consistency in the revised title and to eliminate un- ing any provision of any Federally-granted charter or
necessary words. any other provision of law, beginning with fiscal year
Clause (3) is substituted for ‘‘take or receive, whether 1999 and for each fiscal year hereafter, the real property
by gift, grant, devise, bequest, or purchase, any real or of the National Education Association located in the
personal estate, and to hold, grant, transfer, sell, con- District of Columbia shall be subject to taxation by the
vey, hire, or lease the same for the purpose of its incor- District of Columbia in the same manner as any similar
poration’’ for consistency in the revised title and to organization.’’
eliminate unnecessary words.
In clause (4), the words ‘‘of real or personal estate’’ § 151107. Principal office
and ‘‘within the objects of the corporation’’ are omit-
ted as unnecessary. The principal office of the corporation shall be
In clause (5), the words ‘‘for its corporate purposes’’ in the District of Columbia. However, the activi-
are omitted as unnecessary. The words ‘‘instruments of ties of the corporation may be conducted, and
indebtedness’’ are substituted for ‘‘bonds therefor’’, and offices may be maintained, throughout the
the words ‘‘secure its obligations by granting security United States in accordance with the bylaws.
interests in its property’’ are substituted for ‘‘secure
the same by mortgage, deed of trust, pledge, or other- (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1398.)
wise’’, for consistency in the revised title and to elimi-
nate unnecessary words. HISTORICAL AND REVISION NOTES

§ 151106. Tax exemption Revised Source (U.S. Code) Source (Statutes at Large)
Section
(a) REAL PROPERTY.—Real property of the cor- 151107 ......... 36:5308. June 30, 1906, ch. 3929, § 8, 34
poration is exempt from taxation if it is— Stat. 807; June 14, 1937, ch.
336, § 4, 50 Stat. 258.
(1) located in the District of Columbia;
(2) used for the purposes provided in section The words ‘‘activities of the corporation may be con-
151102 of this title; and ducted’’ are substituted for ‘‘meetings of the corpora-
(3) not used to produce income. tion, its officers, committees, and departments, may be
(b) PERSONAL PROPERTY.—Personal property of held, and . . . its business may be transacted’’ for con-
the corporation is exempt from taxation if it is sistency in the revised title and to eliminate unneces-
sary words.
used for the purposes provided in section 151102
of this title or to produce income to be used for § 151108. Nonapplication of audit requirements
those purposes.
(c) ANNUAL REPORT.—The corporation shall The audit requirements of section 10101 of this
submit annually to the Secretary of Education a title do not apply to the corporation.
written report stating in detail for the prior (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1399.)
year—
(1) the real and personal property held by HISTORICAL AND REVISION NOTES
the corporation; Revised
(2) the income from the property; and Section Source (U.S. Code) Source (Statutes at Large)
(3) the expenditure or other use or disposi-
151108 ......... (no source).
tion of the property and income from the prop-
erty. This section is added to except the National Edu-
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1398.) cation Association of the United States from the appli-
cation of section 10101 of the revised title, restating
HISTORICAL AND REVISION NOTES 36:1101–1103, which imposes audit requirements on cer-
tain federally chartered corporations. The Association
Revised Source (U.S. Code) Source (Statutes at Large) is not included in the list of corporations set out in
Section
36:1101 to which the audit requirements apply.
151106(a), 36:5304 (words before June 30, 1906, ch. 3929, § 4, 34
(b). last proviso). Stat. 805. CHAPTER 1513—NATIONAL FALLEN
151106(c) ..... 36:5304 (last pro- FIREFIGHTERS FOUNDATION
viso).
Sec.
In subsections (a) and (b), the words ‘‘the purposes 151301. Organization.
provided in section 151102 of this title’’ are substituted 151302. Purposes.
for ‘‘the educational or other purposes of the corpora- 151303. Board of directors.
tion as aforesaid’’ and ‘‘educational purposes aforesaid’’ 151304. Officers and employees.
for clarity. The words ‘‘Provided, however, That this ex- 151305. Powers.
emption shall not apply to any property of the corpora- 151306. Principal office.
tion which shall not be used for or the income of which 151307. Provision and acceptance of support by Ad-
shall not be applied to the educational purposes of the ministrator.
corporation’’ are omitted as unnecessary. 151308. Service of process.
In subsection (b), the words ‘‘and funds’’ are omitted 151309. Civil action by Attorney General for equi-
as included in ‘‘personal property’’. The words ‘‘held’’ table relief.
and ‘‘invested’’ are omitted as included in ‘‘used . . . to 151310. Immunity of United States Government.
produce income’’. 151311. Annual report.
§ 151301 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 182
AND ORGANIZATIONS

§ 151301. Organization L. 105–276, title IV, § 427(a), Oct. 21, 1998, 112
Stat. 2510, see section 5(a) of Pub. L. 105–225,
(a) FEDERAL CHARTER.—National Fallen Fire-
set out as a Legislative Purpose and Construc-
fighters Foundation (in this chapter, the ‘‘cor-
tion note preceding section 101 of this title. As
poration’’) is a federally chartered corporation.
(b) NATURE OF CORPORATION AND PLACE OF IN- subsequently amended by Pub. L. 106–503, this
CORPORATION.—The corporation is a charitable section restated the provisions of section 5201(b)
and nonprofit corporation incorporated under of former Title 36, as amended by Pub. L.
the laws of Maryland and is not an agency or es- 105–276, § 427(a), with the exception that in par.
tablishment of the United States Government. (1)(B), the words ‘‘plan, direct, and manage the
(c) PERPETUAL EXISTENCE.—Except as other- memorial service referred to in subparagraph
wise provided, the corporation has perpetual ex- (A)’’ were used instead of ‘‘plan, direct, and
istence. manage the memorial service referred to in sub-
paragraph (A) and related activities’’.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1399.)
HISTORICAL AND REVISION NOTES
HISTORICAL AND REVISION NOTES
Revised Source (U.S. Code) Source (Statutes at Large)
Revised Section
Section Source (U.S. Code) Source (Statutes at Large)
151302 ......... 36:5201(b). Oct. 26, 1992, Pub. L. 102–522,
151301(a) ..... 36:5201(a) (1st sen- Oct. 26, 1992, Pub. L. 102–522, title II, § 202(b), 106 Stat.
tence). title II, §§ 202(a), 204(a)(1), 3417.
106 Stat. 3417, 3419.
151301(b) ..... 36:5201(a) (last sen-
tence). AMENDMENTS
151301(c) ..... 36:5203(a)(1).
2000—Par. (1). Pub. L. 106–503, § 113(a)(1) added par. (1)
Subsection (a) is substituted for ‘‘There is established and struck out former par. (1) which read as follows:
the National Fallen Firefighters Foundation (hereafter ‘‘primarily to encourage, accept, and administer pri-
in this chapter referred to as the ‘Foundation’)’’ for vate gifts of property for the benefit of the National
consistency in the revised title. Fallen Firefighters’ Memorial and the annual memorial
In subsection (c), the words ‘‘Except as otherwise pro- service associated with it;’’.
vided’’ are added, and the word ‘‘existence’’ is sub- Par. (2). Pub. L. 106–503, § 113(a)(2), inserted ‘‘and Fed-
stituted for ‘‘succession’’, for consistency in the revised eral’’ after ‘‘non-Federal’’.
title. Par. (3). Pub. L. 106–503, § 113(a)(3), substituted ‘‘Fed-
eral, State, and local’’ for ‘‘State and local’’ and struck
§ 151302. Purposes out ‘‘and’’ after semicolon.
The purposes of the corporation are— Par. (4). Pub. L. 106–503, § 113(a)(4), substituted semi-
(1) primarily— colon for period at end.
(A) to encourage, accept, and administer Pars. (5), (6). Pub. L. 106–503, § 113(a)(5), added pars. (5)
private gifts of property for the benefit of and (6).
the National Fallen Firefighters’ Memorial LOWERING OF FLAG IN HONOR OF NATIONAL FALLEN
and the annual memorial service associated FIREFIGHTERS MEMORIAL SERVICE
with the memorial; and Pub. L. 107–51, Oct. 16, 2001, 115 Stat. 267, provided
(B) to, in coordination with the Federal that:
Government and fire services (as that term ‘‘Whereas 1,200,000 men and women comprise the Amer-
is defined in section 4 of the Federal Fire ican fire and emergency services;
Prevention and Control Act of 1974 (15 U.S.C. ‘‘Whereas the fire and emergency services is considered
2203)), plan, direct, and manage the memo- one of the most dangerous jobs in the United States;
rial service referred to in subparagraph (A); ‘‘Whereas fire and emergency services personnel re-
spond to over 16 million emergency calls annually,
(2) to provide financial assistance to families without reservation and with little regard for their
of fallen firefighters for transportation to and personal safety;
lodging at non-Federal and Federal facilities ‘‘Whereas fire and emergency services personnel are the
during the annual memorial service; first to respond to an emergency, whether it involves
(3) to assist Federal, State, and local efforts a fire, medical emergency, spill of hazardous mate-
to recognize firefighters who die in the line of rials, natural disaster, act of terrorism, or transpor-
duty; tation accident;
(4) to provide scholarships and other finan- ‘‘Whereas approximately one-third of all active fire and
emergency personnel suffer debilitating injuries an-
cial assistance for educational purposes and
nually; and
job training for the spouses and children of ‘‘Whereas approximately 100 fire and emergency serv-
fallen firefighters; ices personnel die annually in the line of duty: Now,
(5) to provide for a national program to as- therefore, be it
sist families of fallen firefighters and fire de- ‘‘Resolved by the Senate and House of Representatives of
partments in dealing with line-of-duty deaths the United States of America in Congress assembled, That
of those firefighters; and each year, the American flags on all Federal office
(6) to promote national, State, and local ini- buildings will be lowered to half-staff in honor of the
tiatives to increase public awareness of fire National Fallen Firefighters Memorial Service in Em-
and life safety. mitsburg, Maryland.’’

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1399; Pub. § 151303. Board of directors
L. 106–503, title I, § 113(a), Nov. 13, 2000, 114 Stat.
2303.) (a) GENERAL.—The board of directors is the
governing body of the corporation.
AMENDMENT SUBSEQUENT TO AUGUST 15, 1997 (b) MEMBERS AND APPOINTMENT.—(1) The Ad-
Section 5201(b) of former Title 36, from which ministrator of the United States Fire Adminis-
this section was derived, was amended by Pub. tration of the Federal Emergency Management
Page 183 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 151304
AND ORGANIZATIONS

Agency is an ex officio nonvoting member of the In subsection (d), the words ‘‘for the transaction of
board. The Administrator appoints the voting business’’ are omitted as unnecessary.
members of the board. Subsection (f)(1) is substituted for ‘‘Appointment to
the Board shall not constitute employment by, or the
(2) The board consists of the following 12 vot- holding of an office of, the United States for the pur-
ing members: poses of any Federal law’’ to eliminate unnecessary
(A) one active volunteer firefighter; words.
(B) one active career firefighter;
(C) one United States Government fire- PUB. L. 105–354
fighter; and This amends subsections (f) and (g) of section 151303
(D) nine individuals who have a dem- of title 36, as enacted by section 1 of Public Law 105–225
onstrated interest in the fire service. (Aug. 12, 1998, 112 Stat. 1400). The amendment clarifies
the restatement of 36:5202(a)(3) by making it clear that
(3) The terms of office of the voting members appointment to the board of directors of the National
are 6 years (except for the initial members). The Fallen Firefighters Foundation does not constitute ap-
terms shall be staggered so that the terms of 4 pointment as an officer or employee of the United
members expire every 2 years. States Government for the purpose of any law of the
(4) A vacancy on the board shall be filled with- United States.
in 60 days in the manner in which the original AMENDMENTS
appointment was made. 2006—Subsec. (c). Pub. L. 109–284 substituted ‘‘The
(c) CHAIRMAN.—The chairman shall be elected chairman’’ for ‘‘The Chairman’’.
by the board from its voting members for a 2- 2003—Subsec. (b)(2). Pub. L. 108–169, § 206(a)(1), (2),
year term. substituted ‘‘12’’ for ‘‘9’’ in introductory provisions and
(d) QUORUM.—A majority of the current mem- ‘‘nine’’ for ‘‘six’’ in subpar. (D).
bership of the board is a quorum. Subsec. (b)(3). Pub. L. 108–169, § 206(a)(3), substituted
(e) MEETINGS.—The board shall meet at the ‘‘4 members’’ for ‘‘3 members’’.
2000—Subsec. (f). Pub. L. 106–503, § 113(b)(1), added sub-
call of the chairman at least once a year. If a sec. (f) and struck out heading and text of former sub-
member of the board misses 3 consecutive meet- sec. (f). Text read as follows: ‘‘Appointment to the
ings, that member may be removed from the board does not constitute appointment as an officer or
board and that vacancy may be filled as pro- employee of the United States Government for the pur-
vided in subsection (b)(4) of this section. pose of any law of the United States.’’
(f) STATUS AND COMPENSATION.— Subsecs. (g), (h). Pub. L. 106–503, § 113(b), redesignated
(1) Appointment to the board shall not con- subsec. (h) as (g) and struck out heading and text of
stitute employment by or the holding of an of- former subsec. (g). Text read as follows: ‘‘Members of
the board serve without compensation.’’
fice of the United States. 1998—Subsecs. (f) to (h). Pub. L. 105–354 amended sub-
(2) Members of the board shall serve without secs. (f) and (g) generally and added subsec. (h). Prior
compensation. to amendment, subsecs. (f) and (g) read as follows:
‘‘(f) STATUS AND COMPENSATION.—Members of the
(g) LIABILITY.—Members of the board are not
board—
personally liable, except for gross negligence. ‘‘(1) are not officers or employees of the United
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1399; Pub. States Government; and
L. 105–354, § 1(8), Nov. 3, 1998, 112 Stat. 3244; Pub. ‘‘(2) serve without compensation.
‘‘(g) LIABILITY OF DIRECTORS.—Members of the board
L. 106–503, title I, § 113(b), Nov. 13, 2000, 114 Stat. are not personally liable, except for gross negligence.’’
2304; Pub. L. 108–169, title II, § 206(a), Dec. 6, 2003,
117 Stat. 2040; Pub. L. 109–284, § 5(9), Sept. 27, EFFECTIVE DATE OF 1998 AMENDMENT
2006, 120 Stat. 1212.) Pub. L. 105–354, § 3, Nov. 3, 1998, 112 Stat. 3245, pro-
vided that: ‘‘The amendment made by section 1(8) of
HISTORICAL AND REVISION NOTES this Act [amending this section] shall take effect as if
PUB. L. 105–225 included in the provisions of Public Law 105–225, as of
the date of enactment of Public Law 105–225 [Aug. 12,
Revised
Section Source (U.S. Code) Source (Statutes at Large) 1998].’’

151303(a) ..... 36:5202(a)(1) (words Oct. 26, 1992, Pub. L. 102–522, TRANSFER OF FUNCTIONS
before 1st title II, §§ 203(a)–(f), For transfer of all functions, personnel, assets, com-
comma). 204(c)(2) (words after 2d
comma), 106 Stat. 3417, ponents, authorities, grant programs, and liabilities of
3419. the Federal Emergency Management Agency, including
151303(b) ..... 36:5202(a)(1) (words the functions of the Under Secretary for Federal Emer-
after 1st comma),
(2), (b), (c). gency Management relating thereto, to the Federal
151303(c) ..... 36:5202(d). Emergency Management Agency, see section 315(a)(1)
151303(d) ..... 36:5202(e). of Title 6, Domestic Security.
151303(e) ..... 36:5202(f).
151303(f) ..... 36:5202(a)(3), (4). For transfer of functions, personnel, assets, and li-
151303(g) ..... 36:5203(c)(2) (words abilities of the Federal Emergency Management Agen-
after 2d comma). cy, including the functions of the Director of the Fed-
eral Emergency Management Agency relating thereto,
Subsection (a) is substituted for ‘‘The Foundation to the Secretary of Homeland Security, and for treat-
shall have a governing Board of Directors (hereafter in ment of related references, see former section 313(1) and
this chapter referred to as the ‘Board’)’’ for consistency sections 551(d), 552(d), and 557 of Title 6, Domestic Secu-
in the revised title and to eliminate unnecessary words. rity, and the Department of Homeland Security Reor-
In subsection (b)(1), the words ‘‘(hereafter in this ganization Plan of November 25, 2002, as modified, set
chapter referred to as the ‘Administrator’)’’ in out as a note under section 542 of Title 6.
36:5202(a)(2) are omitted as unnecessary. The words
‘‘Within 3 months after October 26, 1992’’ in 36:5202(b) § 151304. Officers and employees
are omitted as obsolete.
Subsection (b)(3) is substituted for 36:5202(b) (last sen- (a) APPOINTMENT.—The board of directors may
tence) to eliminate obsolete and unnecessary words. appoint officers or employees, but only after the
§ 151305 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 184
AND ORGANIZATIONS

corporation has sufficient funds to pay for their corporation acting as a trustee in Maryland, in-
services. cluding the power—
(b) STATUS AND COMPENSATION.—Officers and (1) to accept, receive, solicit, hold, admin-
employees of the corporation— ister, and use any gift, devise, or bequest, ei-
(1) shall not be considered employees of the ther absolutely or in trust, of property or any
United States Government; income from or other interest in the property;
(2) shall be appointed without regard to the (2) unless otherwise required by the instru-
provisions of title 5 governing appointments in ment of transfer, to sell, donate, lease, invest,
the competitive service; and or otherwise dispose of any property or income
(3) may be paid without regard to chapter 51 from the property;
and subchapter III of chapter 53 of title 5, ex- (3) to make contracts and other arrange-
cept that an officer or employee may not be ments with public agencies and private organi-
paid more than 15 percent above the annual zations and persons and to make payments
rate of basic pay for level GS–15 of the General necessary to carry out its functions;
Schedule under section 5107 of title 5. (4) to sue and be sued; and
(5) to do any other act necessary and proper
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1400; Pub.
to carry out the purposes of the corporation.
L. 106–503, title I, § 113(c), Nov. 13, 2000, 114 Stat.
2304; Pub. L. 108–169, title II, § 206(b), Dec. 6, 2003, (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1400; Pub.
117 Stat. 2040.) L. 105–354, § 1(9), Nov. 3, 1998, 112 Stat. 3244.)
AMENDMENT SUBSEQUENT TO AUGUST 15, 1997 HISTORICAL AND REVISION NOTES
Section 5202(g)(1) of former Title 36, from PUB. L. 105–225
which this section was derived, was amended by Revised
Pub. L. 105–276, title IV, § 427(b), Oct. 21, 1998, Section Source (U.S. Code) Source (Statutes at Large)
112 Stat. 2511, see section 5(a) of Pub. L. 151305(a) ..... 36:5202(g)(1)(B), (C). Oct. 26, 1992, Pub. L. 102–522,
105–225, set out as a Legislative Purpose and title II, §§ 203(g)(1)(B), (C),
Construction note preceding section 101 of this 204(b), (c)(1), (2) (words be-
fore 2d comma), (3)–(5), 106
title. As subsequently amended by Pub. L. Stat. 3418, 3419.
106–503, this section restated the provisions of 36:5203(b).
151305(b) ..... 36:5203(c)(1), (2)
section 5202(g)(1) of former Title 36, as amended (words before 2d
by Pub. L. 105–276, § 427(b). comma), (3)–(5).

HISTORICAL AND REVISION NOTES Subsection (a)(1) is substituted for 36:5202(g)(1)(B) for
consistency in the revised title. The words ‘‘consistent
Revised Source (U.S. Code) Source (Statutes at Large) with this chapter’’ are omitted as unnecessary.
Section Subsection (a)(2) is substituted for 36:5203(b) for con-
151304(a) ..... 36:5202(g)(1)(A), (2). Oct. 26, 1992, Pub. L. 102–522, sistency in the revised title.
title II, § 203(g)(1)(A), (2), Subsection (a)(3) is substituted for 36:5202(g)(1)(C) for
(h), 106 Stat. 3418. consistency in the revised title.
151304(b) ..... 36:5202(h).
In subsection (b), before clause (1), the words ‘‘under
Subsection (a) is substituted for the source provisions section 5201 of this title’’ and ‘‘in addition to the pow-
for clarity. ers otherwise given it under this chapter’’ are omitted
In subsection (b)(3), the words ‘‘relating to classifica- as unnecessary. In clause (1), the words ‘‘real or per-
tion and General Schedule pay rates’’ are omitted as sonal’’ are omitted as unnecessary and for consistency
unnecessary. in the revised title. In clause (4), the words ‘‘and com-
plain and defend itself in any court of competent juris-
REFERENCES IN TEXT diction’’ are omitted as unnecessary. In clause (5), the
words ‘‘any other act’’ are substituted for ‘‘any and all
The provisions of title 5 governing appointments in
acts’’ to eliminate unnecessary words.
the competitive service, referred to in subsec. (b)(2), are
classified generally to section 3301 et seq. of Title 5, PUB. L. 105–354
Government Organization and Employees.
This amends section 151305(b) of title 36 to correct an
The General Schedule, referred to in subsec. (b)(3), is
inconsistency in the revised title.
set out under section 5332 of Title 5, Government Orga-
nization and Employees. AMENDMENTS
AMENDMENTS 1998—Subsec. (b). Pub. L. 105–354 struck out ‘‘the
State of’’ before ‘‘Maryland’’ in introductory provi-
2003—Subsec. (b)(3). Pub. L. 108–169 inserted ‘‘15 per-
sions.
cent above’’ after ‘‘more than’’.
2000—Subsec. (a). Pub. L. 106–503, § 113(c)(1), struck § 151306. Principal office
out ‘‘not more than 2’’ after ‘‘appoint’’.
Subsec. (b)(1). Pub. L. 106–503, § 113(c)(2), substituted The principal office of the corporation shall be
‘‘shall not be considered’’ for ‘‘are not’’. in Maryland. However, the corporation may con-
§ 151305. Powers duct business throughout the States, territories,
and possessions of the United States.
(a) GENERAL.—The corporation may—
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1401.)
(1) adopt a constitution and bylaws;
(2) adopt a seal which shall be judicially no- HISTORICAL AND REVISION NOTES
ticed; and
Revised
(3) do any other act necessary to carry out Section Source (U.S. Code) Source (Statutes at Large)
this chapter.
151306 ......... 36:5203(a)(2), (3). Oct. 26, 1992, Pub. L. 102–522,
(b) POWERS AS TRUSTEE.—To carry out its pur- title II, § 204(a)(2), (3), 106
Stat. 3419.
poses, the corporation has the usual powers of a
Page 185 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 151309
AND ORGANIZATIONS

This section is substituted for the source provisions HISTORICAL AND REVISION NOTES—Continued
for consistency in the revised title.
Revised
Section Source (U.S. Code) Source (Statutes at Large)
§ 151307. Provision and acceptance of support by
Administrator 151307(b) ..... 36:5205.
(a) PROVISION BY ADMINISTRATOR.—(1) The Ad- In subsection (b), the words ‘‘chapters 33 and 51 and
ministrator of the United States Fire Adminis- subchapter III of chapter 53 of title 5 and related regu-
tration of the Federal Emergency Management lations’’ are substituted for ‘‘the Federal civil service
Agency— classification laws, rules, or regulations’’ for consist-
(A) may provide personnel, facilities, and ency in the revised title and with other titles of the
other administrative services to the corpora- United States Code.
tion; and AMENDMENTS
(B) may require and accept reimbursements
for these personnel, facilities, and services. 2003—Subsec. (a)(1). Pub. L. 108–169 substituted ‘‘The’’
for ‘‘During the 10-year period beginning on the date of
(2) Reimbursements under paragraph (1) of the enactment of the Fire Administration Authoriza-
this subsection shall be deposited in the Treas- tion Act of 2000, the’’.
ury to the credit of the appropriations then cur- 2000—Subsec. (a)(1). Pub. L. 106–503, § 113(d)(1), sub-
rent and chargeable for the cost of providing the stituted ‘‘During the 10-year period beginning on the
date of the enactment of the Fire Administration Au-
services. thorization Act of 2000, the Administrator’’ for ‘‘The
(3) Notwithstanding any other law, United Administrator’’ in introductory provisions.
States Government personnel and stationery Subsec. (a)(1)(B). Pub. L. 106–503, § 113(d)(2), sub-
may not be used to solicit funding for the cor- stituted ‘‘may’’ for ‘‘shall’’.
poration.
TRANSFER OF FUNCTIONS
(b) ACCEPTANCE BY ADMINISTRATOR.—The Ad-
ministrator may accept, without regard to chap- For transfer of all functions, personnel, assets, com-
ters 33 and 51 and subchapter III of chapter 53 of ponents, authorities, grant programs, and liabilities of
title 5 and related regulations, the services of the Federal Emergency Management Agency, including
the functions of the Under Secretary for Federal Emer-
the corporation and its directors, officers, and gency Management relating thereto, to the Federal
employees as volunteers in performing functions Emergency Management Agency, see section 315(a)(1)
authorized under this chapter, without com- of Title 6, Domestic Security.
pensation from the Administration. For transfer of functions, personnel, assets, and li-
abilities of the Federal Emergency Management Agen-
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1401; Pub.
cy, including the functions of the Director of the Fed-
L. 106–503, title I, § 113(d), Nov. 13, 2000, 114 Stat. eral Emergency Management Agency relating thereto,
2304; Pub. L. 108–169, title II, § 206(c), Dec. 6, 2003, to the Secretary of Homeland Security, and for treat-
117 Stat. 2041.) ment of related references, see former section 313(1) and
AMENDMENT SUBSEQUENT TO AUGUST 15, 1997 sections 551(d), 552(d), and 557 of Title 6, Domestic Secu-
rity, and the Department of Homeland Security Reor-
Section 5204 of former Title 36, from which ganization Plan of November 25, 2002, as modified, set
subsec. (a) of this section was derived, was out as a note under section 542 of Title 6.
amended generally by Pub. L. 105–276, title IV,
§ 427(c), Oct. 21, 1998, 112 Stat. 2511, see section § 151308. Service of process
5(a) of Pub. L. 105–225, set out as a Legislative The corporation shall have a designated agent
Purpose and Construction note preceding sec- to receive service of process for the corporation.
tion 101 of this title. As subsequently amended
by Pub. L. 106–503 subsec. (a) of this section re- (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1401.)
stated the provisions of section 5204 of former HISTORICAL AND REVISION NOTES
Title 36, as amended by Pub. L. 105–276, § 427(c),
with the following exceptions—(1) in the intro- Revised Source (U.S. Code) Source (Statutes at Large)
Section
ductory provisions of subsec. (a)(1), the words
‘‘During the 10-year period beginning on the 151308 ......... 36:5203(a)(4). Oct. 26, 1992, Pub. L. 102–522,
title II, § 204(a)(4), 106
date of the enactment of the Fire Administra- Stat. 3419.
tion Authorization Act of 2000’’ were used in-
stead of ‘‘During the 10-year period beginning The words ‘‘at all times’’ are omitted as unnecessary
on the date of the enactment of the Depart- and for consistency in the revised title. The word
‘‘have’’ is substituted for ‘‘maintain’’ for consistency in
ments of Veterans Affairs and Housing and
the revised title.
Urban Development, and Independent Agencies
Appropriations Act, 1999’’, (2) in subsec. § 151309. Civil action by Attorney General for
(a)(1)(A), the words ‘‘other administrative serv- equitable relief
ices to’’ were used instead of ‘‘other required
services for the operation of’’, and (3) in subsec. The Attorney General may bring a civil action
(a)(1)(B), the words ‘‘may require and accept in the United States District Court for the Dis-
reimbursements’’ were used instead of ‘‘may ac- trict of Columbia for appropriate equitable re-
cept reimbursement’’. lief if the corporation—
(1) engages or threatens to engage in any
HISTORICAL AND REVISION NOTES act, practice, or policy that is inconsistent
with the purposes in section 151302 of this
Revised
Section Source (U.S. Code) Source (Statutes at Large) title; or
(2) refuses, fails, or neglects to carry out its
151307(a) ..... 36:5204. Oct. 26, 1992, Pub. L. 102–522, obligations under this chapter or threatens to
title II, §§ 205, 206, 106
Stat. 3419. do so.
§ 151310 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 186
AND ORGANIZATIONS

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1401.) (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1402.)
HISTORICAL AND REVISION NOTES HISTORICAL AND REVISION NOTES

Revised Source (U.S. Code) Source (Statutes at Large) Revised Source (U.S. Code) Source (Statutes at Large)
Section Section

151309 ......... 36:5206(c). Oct. 26, 1992, Pub. L. 102–522, 151501 ......... 36:2013. Aug. 9, 1982, Pub. L. 97–231,
title II, § 207(c), 106 Stat. § 14, 96 Stat. 258.
3420.
The words ‘‘the Commonwealth of Puerto Rico’’ are
Before clause (1), the words ‘‘bring a civil action’’ are omitted as included in ‘‘the territories and possessions
substituted for ‘‘petition’’ for consistency in the re- of the United States’’.
vised title and with other titles of the United States
Code. The words ‘‘appropriate equitable relief’’ are sub- § 151502. Organization
stituted for ‘‘such equitable relief as may be necessary
or appropriate’’ to eliminate unnecessary words. (a) FEDERAL CHARTER.—National Federation of
Music Clubs (in this chapter, the ‘‘corpora-
§ 151310. Immunity of United States Government tion’’), incorporated in Illinois, is a federally
The United States Government is not liable chartered corporation.
for any debts, defaults, acts, or omissions of the (b) EXPIRATION OF CHARTER.—If the corpora-
corporation. The full faith and credit of the Gov- tion does not comply with any provision of this
ernment does not extend to any obligation of chapter, the charter granted by this chapter ex-
the corporation. pires.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1401.) (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1402.)

HISTORICAL AND REVISION NOTES HISTORICAL AND REVISION NOTES

Revised Source (U.S. Code) Source (Statutes at Large)


Revised Source (U.S. Code) Source (Statutes at Large) Section
Section
151502(a) ..... 36:2001. Aug. 9, 1982, Pub. L. 97–231,
151310 ......... 36:5207. Oct. 26, 1992, Pub. L. 102–522, §§ 1, 15 (last sentence), 16,
title II, § 208, 106 Stat. 96 Stat. 256, 258.
3420. 151502(b) ..... 36:2014 (last sen-
tence).
36:2015.
§ 151311. Annual report
Not later than 4 months after the end of each This section is substituted for the source provisions
fiscal year, the corporation shall submit a re- for consistency in the revised title.
port to the appropriate committees of Congress § 151503. Purposes
on the activities of the corporation during the
prior fiscal year, including a complete state- (a) SPECIFIC PURPOSES.—The purposes of the
ment of its receipts, expenditures, and invest- corporation are as provided in the articles of in-
ments. corporation and include—
(1) bringing into working relations with one
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1401.) another, music clubs and other musical orga-
HISTORICAL AND REVISION NOTES nizations and individuals associated with mu-
sical activity for the purpose of developing
Revised Source (U.S. Code) Source (Statutes at Large) and maintaining high musical standards;
Section
(2) aiding and encouraging musical edu-
151311 ......... 36:5206(b). Oct. 26, 1992, Pub. L. 102–522, cation; and
title II, § 207(b), 106 Stat.
3420. (3) promoting American music and American
artists throughout the United States and the
The word ‘‘proceedings’’ is omitted for consistency in world.
the revised title.
(b) PATRIOTIC, CIVIC, AND HISTORICAL ORGANI-
CHAPTER 1515—NATIONAL FEDERATION OF ZATION.—The corporation shall function as a pa-
MUSIC CLUBS triotic, civic, and historical organization as au-
thorized by the laws of each State in which it is
Sec.
151501. Definition. incorporated.
151502. Organization. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1402.)
151503. Purposes.
151504. Membership. HISTORICAL AND REVISION NOTES
151505. Governing body.
151506. Powers. Revised Source (U.S. Code) Source (Statutes at Large)
Section
151507. Restrictions.
151508. Duty to maintain corporate and tax-exempt 151503 ......... 36:2003. Aug. 9, 1982, Pub. L. 97–231,
status. § 3, 96 Stat. 256.
151509. Records and inspection.
151510. Service of process. In subsection (a), the words ‘‘objects’’, ‘‘directly or
151511. Liability for acts of officers and agents. indirectly’’, and ‘‘of America’’ are omitted as unneces-
151512. Annual report. sary and for consistency in the revised title.

§ 151501. Definition § 151504. Membership


For purposes of this chapter, ‘‘State’’ includes Eligibility for membership in the corporation
the District of Columbia and the territories and and the rights and privileges of members are as
possessions of the United States. provided in the bylaws.
Page 187 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 151510
AND ORGANIZATIONS

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1402.) (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1403.)
HISTORICAL AND REVISION NOTES HISTORICAL AND REVISION NOTES

Revised Source (U.S. Code) Source (Statutes at Large) Revised Source (U.S. Code) Source (Statutes at Large)
Section Section

151504 ......... 36:2005. Aug. 9, 1982, Pub. L. 97–231, 151507(a) ..... 36:2008(d). Aug. 9, 1982, Pub. L. 97–231,
§ 5, 96 Stat. 256. § 8(a)–(e), 96 Stat. 257.
151507(b) ..... 36:2008(c).
151507(c) ..... 36:2008(a).
§ 151505. Governing body 151507(d) ..... 36:2008(b).
151507(e) ..... 36:2008(e).
(a) BOARD OF DIRECTORS.—The board of direc-
tors and the responsibilities of the board are as In subsection (a), the words ‘‘any shares of’’ are omit-
provided in the articles of incorporation. ted as unnecessary.
(b) OFFICERS.—The officers and the election of In subsection (c), the words ‘‘inure to the benefit of’’
are substituted for ‘‘inure to’’ for consistency in the re-
the officers are as provided in the articles of in- vised title.
corporation.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1402.) § 151508. Duty to maintain corporate and tax-ex-
empt status
HISTORICAL AND REVISION NOTES
(a) CORPORATE STATUS.—The corporation shall
Revised Source (U.S. Code) Source (Statutes at Large)
maintain its status as a corporation incor-
Section porated under the laws of Illinois.
151505(a) ..... 36:2006. Aug. 9, 1982, Pub. L. 97–231, (b) TAX-EXEMPT STATUS.—The corporation
§§ 6, 7, 96 Stat. 257. shall maintain its status as an organization ex-
151505(b) ..... 36:2007.
empt from taxation under the Internal Revenue
The words ‘‘and in conformity with the laws of the Code of 1986 (26 U.S.C. 1 et seq.).
State or States in which it is incorporated’’ in 36:2006 (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1403.)
and ‘‘and in conformity with the laws of the State or
States wherein it is incorporated’’ in 36:2007 are omit- HISTORICAL AND REVISION NOTES
ted as unnecessary.
Revised
Source (U.S. Code) Source (Statutes at Large)
§ 151506. Powers Section

The corporation has only the powers provided 151508(a) ..... 36:2008(f). Aug. 9, 1982, Pub. L. 97–231,
§§ 8(f), 15 (1st sentence), 96
in its bylaws and articles of incorporation filed Stat. 257, 258.
in each State in which it is incorporated. 151508(b) ..... 36:2014 (1st sen-
tence).
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1402.)
§ 151509. Records and inspection
HISTORICAL AND REVISION NOTES
(a) RECORDS.—The corporation shall keep—
Revised
Section Source (U.S. Code) Source (Statutes at Large) (1) correct and complete records of account;
(2) minutes of the proceedings of its mem-
151506 ......... 36:2002. Aug. 9, 1982, Pub. L. 97–231, bers, board of directors, and committees hav-
§ 2, 96 Stat. 256.
ing any of the authority of its board of direc-
The words ‘‘and subject to the laws of such State or tors; and
States’’ are omitted as unnecessary. (3) at its principal office, a record of the
names and addresses of its members entitled
§ 151507. Restrictions to vote.
(a) STOCK AND DIVIDENDS.—The corporation (b) INSPECTION.—A member entitled to vote, or
may not issue stock or declare or pay a divi- an agent or attorney of the member, may in-
dend. spect the records of the corporation for any
(b) POLITICAL ACTIVITIES.—The corporation or proper purpose, at any reasonable time.
a director or officer as such may not contribute
to, support, or participate in any political activ- (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1403.)
ity or in any manner attempt to influence legis- HISTORICAL AND REVISION NOTES
lation.
(c) DISTRIBUTION OF INCOME OR ASSETS.—The Revised
Source (U.S. Code) Source (Statutes at Large)
Section
income or assets of the corporation may not
inure to the benefit of, or be distributed to, a di- 151509 ......... 36:2010. Aug. 9, 1982, Pub. L. 97–231,
§ 10, 96 Stat. 257.
rector, officer, or member during the life of the
charter granted by this chapter. This subsection The word ‘‘records’’ is substituted for ‘‘books and
does not prevent the payment of reasonable records’’ for consistency in the revised title and with
compensation to an officer or reimbursement for other titles of the United States Code. The words
actual necessary expenses in amounts approved ‘‘Nothing in this section shall be construed to con-
by the board of directors. travene any applicable State law’’ are omitted as un-
(d) LOANS.—The corporation may not make a necessary.
loan to a director, officer, or employee. § 151510. Service of process
(e) CLAIM OF GOVERNMENTAL APPROVAL OR AU-
THORIZATION.—The corporation may not claim The corporation shall comply with the law on
congressional approval or the authority of the service of process of each State in which it is in-
United States Government for any of its activi- corporated and each State in which it carries on
ties. activities.
§ 151511 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 188
AND ORGANIZATIONS

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1403.) (c) PERPETUAL EXISTENCE.—Except as other-
wise provided, the corporation has perpetual ex-
HISTORICAL AND REVISION NOTES
istence.
Revised Source (U.S. Code) Source (Statutes at Large) (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1404.)
Section

151510 ......... 36:2004. Aug. 9, 1982, Pub. L. 97–231, HISTORICAL AND REVISION NOTES
§ 4, 96 Stat. 256.
Revised
Section Source (U.S. Code) Source (Statutes at Large)
The words ‘‘in furtherance of its corporate purposes’’
are omitted as unnecessary. 151701(a) ..... 36:5701(a) (1st sen- Oct. 11, 1996, Pub. L. 104–285,
tence). title II, §§ 202(a), 204(a)(1),
§ 151511. Liability for acts of officers and agents 110 Stat. 3382, 3384.
151701(b) ..... 36:5701(a) (last sen-
tence).
The corporation is liable for the acts of its of- 151701(c) ..... 36:5703(a)(1).
ficers and agents acting within the scope of
their authority. Subsection (a) is substituted for ‘‘There is established
the National Film Preservation Foundation (hereafter
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1403.) in this chapter referred to as the ‘Foundation’)’’ for
consistency in the revised title.
HISTORICAL AND REVISION NOTES In subsection (c), the words ‘‘Except as otherwise pro-
Revised vided’’ are added, and the word ‘‘existence’’ is sub-
Section Source (U.S. Code) Source (Statutes at Large) stituted for ‘‘succession’’, for consistency in the revised
title.
151511 ......... 36:2009. Aug. 9, 1982, Pub. L. 97–231,
§ 9, 96 Stat. 257. § 151702. Purposes
§ 151512. Annual report The purposes of the corporation are to—
(1) encourage, accept, and administer private
The corporation shall submit an annual report gifts to promote and ensure the preservation
to Congress on the activities of the corporation and public accessibility of the nation’s film
during the prior fiscal year. The report shall be heritage held at the Library of Congress and
submitted at the same time as the report of the other public and nonprofit archives through-
audit required by section 10101 of this title. The out the United States;
report may not be printed as a public document. (2) further the goals of the Library of Con-
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1403.) gress and the National Film Preservation
Board in connection with their activities
HISTORICAL AND REVISION NOTES under the National Film Preservation Act of
1996 (2 U.S.C. 179l–179w); and
Revised
Section Source (U.S. Code) Source (Statutes at Large) (3) conduct activities, alone or in coopera-
tion with other film related institutions and
151512 ......... 36:2011. Aug. 9, 1982, Pub. L. 97–231,
§ 12, 96 Stat. 258. organizations, to further the preservation and
public accessibility of films made in the
TERMINATION OF REPORTING REQUIREMENTS United States, particularly films not pro-
For termination, effective May 15, 2000, of reporting tected by private interests, for the benefit of
provisions in this section, see section 3003 of Pub. L. present and future generations of Americans.
104–66, as amended, set out as a note under section 1113 (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1404.)
of Title 31, Money and Finance, and page 203 of House
Document No. 103–7. HISTORICAL AND REVISION NOTES

CHAPTER 1517—NATIONAL FILM Revised Source (U.S. Code) Source (Statutes at Large)
Section
PRESERVATION FOUNDATION
151702 ......... 36:5701(b). Oct. 11, 1996, Pub. L. 104–285,
Sec. title II, § 202(b), 110 Stat.
151701. Organization. 3382.
151702. Purposes.
151703. Board of directors. REFERENCES IN TEXT
151704. Officers and employees.
151705. Powers. The National Film Preservation Act of 1996, referred
151706. Principal office. to in par. (2), is title I of Pub. L. 104–285, Oct. 11, 1996,
151707. Provision and acceptance of support by Li- 110 Stat. 3377, which is classified principally to section
brarian of Congress. 179l et seq. of Title 2, The Congress. For complete clas-
151708. Service of process. sification of this Act to the Code, see Short Title note
151709. Civil action by Attorney General for equi- set out under section 179l of Title 2 and Tables.
table relief.
151710. Immunity of United States Government. § 151703. Board of directors
151711. Authorization of appropriations. (a) GENERAL.—The board of directors is the
151712. Annual report.
governing body of the corporation.
§ 151701. Organization (b) MEMBERS AND APPOINTMENT.—(1) The Li-
brarian of Congress is an ex officio nonvoting
(a) FEDERAL CHARTER.—National Film Preser- member of the board. The Librarian appoints
vation Foundation (in this chapter, the ‘‘cor- the directors to the board.
poration’’) is a federally chartered corporation. (2)(A) The board consists of 12 directors.
(b) NATURE OF CORPORATION.—The corporation (B) Each director must be a United States citi-
is a charitable and nonprofit corporation and is zen.
not an agency or establishment of the United (C) At least six directors must be knowledge-
States Government. able or experienced in film production, distribu-
Page 189 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 151704
AND ORGANIZATIONS

tion, preservation, or restoration, including two this title referred to as the ‘Board’)’’ for consistency in
who are sitting members of the National Film the revised title and to eliminate unnecessary words.
Preservation Board. These six directors must, to In subsection (b)(1), the words ‘‘(hereafter in this
chapter referred to as the ‘Librarian’)’’ in 36:5702(a) are
the extent practicable, represent diverse points
omitted as unnecessary. The words ‘‘Within 90 days
of view from the film community, including mo- after October 11, 1996’’ in 36:5702(b) are omitted as obso-
tion picture producers, creative artists, non- lete.
profit and public archivists, historians, film In subsection (b)(3), the words ‘‘is not an employee’’
critics, theater owners, and laboratory and uni- are substituted for ‘‘nor . . . shall be construed to be
versity personnel. employees’’ in 36:5702(g)(2)(A) (last sentence related to
(3) A director is not an employee of the Li- the board of directors), and the words ‘‘appointment to
brary of Congress and appointment to the board the board does not constitute appointment as an officer
does not constitute appointment as an officer or or employee’’ are substituted for ‘‘Appointment to the
Board shall not constitute employment by, or the hold-
employee of the United States Government for ing of an office of’’ in 36:5702(a), for clarity.
the purpose of any law of the United States. In subsection (d), the words ‘‘for the transaction of
(4) The terms of office of the directors are 4 business’’ are omitted as unnecessary.
years. There shall be no limit to the number of
terms to which any individual may be ap- AMENDMENTS
pointed. 2005—Subsec. (b)(2)(A). Pub. L. 109–9, § 312(a)(1), sub-
(5) A vacancy on the board shall be filled with- stituted ‘‘12’’ for ‘‘nine’’.
in 60 days in the manner in which the original Subsec. (b)(4). Pub. L. 109–9, § 312(a)(2), substituted
appointment was made. ‘‘There shall be no limit to the number of terms to
(c) CHAIR.—The Librarian shall appoint one of which any individual may be appointed.’’ for ‘‘An indi-
vidual may not serve more than two consecutive
the directors as the initial chair of the board for terms.’’
a 2-year term. Thereafter, the chair shall be ap-
pointed and removed in accordance with the by- § 151704. Officers and employees
laws of the corporation.
(d) QUORUM.—A majority of the current mem- (a) SECRETARY OF THE BOARD.—(1) The Librar-
bership of the board is a quorum. ian of Congress shall appoint a Secretary of the
(e) MEETINGS.—The board shall meet at the Board to serve as executive director of the cor-
call of the Librarian or the chair at least once poration. The Librarian may remove the Sec-
each year. If a director misses three consecutive retary.
regularly scheduled meetings, the director may (2) The Secretary must be knowledgeable and
be removed from the board by the Librarian and experienced in matters relating to—
that vacancy may be filled as provided in sub- (A) film preservation and restoration activi-
section (b) of this section. ties;
(f) COMPENSATION AND REIMBURSEMENT.—Direc- (B) financial management; and
tors serve without compensation but may be re- (C) fundraising.
imbursed for actual and necessary travel and (b) APPOINTMENT OF OFFICERS.—Except as pro-
subsistence expenses incurred in performing du- vided in subsection (a) of this section, the board
ties for the corporation. of directors appoints, removes, and replaces offi-
(g) LIABILITY OF DIRECTORS.—Directors are not cers of the corporation.
personally liable, except for gross negligence. (c) APPOINTMENT OF EMPLOYEES.—Except as
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1404; Pub. provided in subsection (a) of this section, the
L. 109–9, title III, § 312(a), Apr. 27, 2005, 119 Stat. Secretary appoints, removes, and replaces em-
226.) ployees of the corporation.
(d) STATUS AND COMPENSATION OF EMPLOY-
HISTORICAL AND REVISION NOTES EES.—Employees of the corporation (including
Revised the Secretary)—
Source (U.S. Code) Source (Statutes at Large)
Section (1) are not employees of the Library of Con-
151703(a) ..... 36:5702(a) (1st sen- Oct. 11, 1996, Pub. L. 104–285,
gress;
tence words be- title II, §§ 203(a)–(f), (2) shall be appointed and removed without
fore 1st comma). (g)(2)(A) (last sentence re- regard to the provisions of title 5 governing
lated to board of direc-
tors), 204(c)(5) (words after appointments in the competitive service; and
2d comma), 110 Stat. 3383, (3) may be paid without regard to chapter 51
3384, 3385.
151703(b)(1) 36:5702(a) (3d sen- and subchapter III of chapter 53 of title 5, ex-
tence), (b) (1st cept that an employee may not be paid more
sentence).
151703(b)(2) 36:5702(a) (1st sen- than the annual rate of basic pay for level
tence words after GS–15 of the General Schedule under section
1st comma, 2d
sentence). 5107 of title 5.
151703(b)(3) 36:5702(a) (last sen-
tence), (g)(2)(A) (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1405.)
(last sentence re-
lated to board of HISTORICAL AND REVISION NOTES
directors).
151703(b)(4) 36:5702(b) (2d, last
sentences). Revised
Section Source (U.S. Code) Source (Statutes at Large)
151703(b)(5) 36:5702(b) (3d sen-
tence).
151703(c)–(f) 36:5702(c)–(f). 151704(a) ..... 36:5702(g)(2)(B), (C). Oct. 11, 1996, Pub. L. 104–285,
151703(g) ..... 36:5703(c)(5) (words title II, § 203(g)(1)(A),
after 2d comma). (2)(A) (1st, 2d sentences,
last sentence related to
employees), (B), (C), 110
Subsection (a) is substituted for ‘‘The Foundation Stat. 3384.
shall have a governing Board of Directors (hereafter in 151704(b) ..... 36:5702(g)(1)(A).
§ 151705 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 190
AND ORGANIZATIONS

HISTORICAL AND REVISION NOTES—Continued vate persons, if any current or future interest is
for the benefit of the corporation.
Revised
Section Source (U.S. Code) Source (Statutes at Large)
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1405; Pub.
151704(c) ..... 36:5702(g)(2)(A) (1st L. 109–9, title III, § 312(b), Apr. 27, 2005, 119 Stat.
sentence). 226.)
151704(d) ..... 36:5702(g)(2)(A) (2d
sentence, last sen-
tence related to HISTORICAL AND REVISION NOTES
employees).
Revised Source (U.S. Code) Source (Statutes at Large)
Section
In subsection (a)(1), the words ‘‘The first employee
appointed shall be the Secretary of the Board’’ in 151705(a) ..... 36:5702(g)(1)(B), (C). Oct. 11, 1996, Pub. L. 104–285,
36:5702(g)(2)(B) are omitted as unnecessary. The words title II, §§ 203(g)(1)(B), (C),
‘‘executive director of the corporation’’ are substituted 204(b), (c)(1)–(4), (5) (words
before 2d comma), (6), (7),
for ‘‘its executive director’’ in 36:5702(g)(2)(C)(i) for (last par.), 110 Stat. 3384,
clarity. 3385.
In subsection (b), the words ‘‘the board of directors 36:5703(b).
151705(b) ..... 36:5703(c)(1)–(4), (5)
appoints, removes, and replaces officers of the corpora- (words before 2d
tion’’ are substituted for ‘‘The Board may complete the comma), (6), (7).
organization of the Foundation by . . . appointing, re- 151705(c) ..... 36:5703(c) (last par.).
moving, and replacing officers’’ for clarity.
In subsection (d)(1), the words ‘‘are not employees’’ Subsection (a)(1) is substituted for 36:5702(g)(1)(B) for
are substituted for ‘‘nor . . . shall be construed to be consistency in the revised title. The words ‘‘consistent
employees’’ in 36:5702(g)(2)(A) (last sentence related to with the purposes of the Foundation and the provisions
employees) for clarity. of this chapter’’ are omitted as unnecessary.
Subsection (a)(2) is substituted for 36:5703(b) for con-
REFERENCES IN TEXT sistency in the revised title.
Subsection (a)(3) is substituted for 36:5702(g)(1)(C) for
The provisions of title 5 governing appointments in
consistency in the revised title.
the competitive service, referred to in subsec. (d)(2), are
In subsection (b), before clause (1), the words ‘‘under
classified generally to section 3301 et seq. of Title 5,
section 5701 of this title’’ and ‘‘in addition to the pow-
Government Organization and Employees.
ers otherwise given it under this chapter’’ are omitted
The General Schedule, referred to in subsec. (d)(3), is
as unnecessary. In clauses (1) and (2), the words ‘‘real
set out under section 5332 of Title 5, Government Orga-
or personal’’ are omitted as unnecessary and for con-
nization and Employees.
sistency in the revised title. In clause (3), the words
§ 151705. Powers ‘‘reinvest, retain’’ are omitted as unnecessary. In
clause (4), the words ‘‘instruments of indebtedness’’ are
(a) GENERAL.—The corporation may— substituted for ‘‘bonds, debentures, or other debt in-
(1) adopt a constitution and bylaws; struments’’ to eliminate unnecessary words. In clause
(2) adopt a seal which shall be judicially no- (6), the words ‘‘and complain and defend itself in any
court of competent jurisdiction’’ are omitted as unnec-
ticed; and
essary. In clause (7), the words ‘‘any other act’’ are sub-
(3) do any other act necessary to carry out stituted for ‘‘any and all acts’’ to eliminate unneces-
this chapter. sary words.
(b) POWERS AS TRUSTEE.—To carry out its pur- AMENDMENTS
poses, the corporation has the usual powers of a
2005—Subsec. (b). Pub. L. 109–9 substituted ‘‘the juris-
corporation acting as a trustee in the the 1 juris-
diction in which the principal office of the corporation
diction in which the principal office of the cor- is located’’ for ‘‘District of Columbia’’ in introductory
poration is located, including the power— provisions.
(1) to accept, receive, solicit, hold, admin-
ister, and use any gift, devise, or bequest, ei- § 151706. Principal office
ther absolutely or in trust, of property or any The principal office of the corporation shall be
income from or other interest in property; in the District of Columbia, or another place as
(2) to acquire property or an interest in determined by the board of directors. However,
property by purchase or exchange; the corporation may conduct business through-
(3) unless otherwise required by an instru- out the States, territories, and possessions of
ment of transfer, to sell, donate, lease, invest, the United States.
or otherwise dispose of any property or income
from property; (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1406; Pub.
(4) to borrow money and issue instruments L. 109–9, title III, § 312(c), Apr. 27, 2005, 119 Stat.
of indebtedness; 226.)
(5) to make contracts and other arrange- HISTORICAL AND REVISION NOTES
ments with public agencies and private organi-
zations and persons and to make payments Revised Source (U.S. Code) Source (Statutes at Large)
necessary to carry out its functions; Section
(6) to sue and be sued; and 151706 ......... 36:5703(a)(2), (3). Oct. 11, 1996, Pub. L. 104–285,
(7) to do any other act necessary and proper title II, § 204(a)(2), (3), 110
Stat. 3384.
to carry out the purposes of the corporation.
(c) ENCUMBERED OR RESTRICTED GIFTS.—A gift, This section is substituted for the source provisions
for consistency in the revised title.
devise, or bequest may be accepted by the cor-
poration even though it is encumbered, re- AMENDMENTS
stricted, or subject to beneficial interests of pri- 2005—Pub. L. 109–9 inserted ‘‘, or another place as de-
termined by the board of directors’’ after ‘‘District of
1 So in original. Columbia’’.
Page 191 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 151711
AND ORGANIZATIONS

§ 151707. Provision and acceptance of support by with the purposes in section 151702 of this
Librarian of Congress title; or
(2) refuses, fails, or neglects to carry out its
(a) PROVISION BY LIBRARIAN.—(1) The Librarian
obligations under this chapter or threatens to
of Congress may provide personnel, facilities,
do so.
and other administrative services to the cor-
poration. Administrative services may include (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1407.)
reimbursement of expenses under section HISTORICAL AND REVISION NOTES
151703(f) of this title, at rates not exceeding the
applicable per diem rates for the United States Revised Source (U.S. Code) Source (Statutes at Large)
Section
Government.
(2) The corporation shall reimburse the Li- 151709 ......... 36:5706(c). Oct. 11, 1996, Pub. L. 104–285,
brarian for support provided under paragraph (1) title II, § 207(c), 110 Stat.
3385.
of this subsection. Amounts reimbursed shall be
deposited in the Treasury to the credit of the Before clause (1), the words ‘‘bring a civil action’’ are
appropriations then current and chargeable for substituted for ‘‘file a petition’’ for consistency in the
the cost of providing the support. revised title and with other titles of the United States
(b) ACCEPTANCE BY LIBRARIAN.—The Librarian Code. The words ‘‘appropriate equitable relief’’ are sub-
may accept, without regard to chapters 33 and 51 stituted for ‘‘such equitable relief as may be necessary
and subchapter III of chapter 53 of title 5 and re- or appropriate’’ to eliminate unnecessary words.
lated regulations, the services of the corpora- § 151710. Immunity of United States Government
tion and its directors, officers, and employees as
volunteers in performing functions authorized The United States Government is not liable
under this chapter, without compensation from for any debts, defaults, acts, or omissions of the
the Library of Congress. corporation. The full faith and credit of the Gov-
ernment does not extend to any obligation of
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1406.) the corporation.
HISTORICAL AND REVISION NOTES (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1407.)
Revised Source (U.S. Code) Source (Statutes at Large) HISTORICAL AND REVISION NOTES
Section

151707(a) ..... 36:5704. Oct. 11, 1996, Pub. L. 104–285, Revised


Section Source (U.S. Code) Source (Statutes at Large)
title II, §§ 205, 206, 110
Stat. 3385.
151707(b) ..... 36:5705. 151710 ......... 36:5707. Oct. 11, 1996, Pub. L. 104–285,
title II, § 208, 110 Stat.
3386.
In subsection (b), the words ‘‘chapters 33 and 51 and
subchapter III of chapter 53 of title 5 and related regu-
lations’’ are substituted for ‘‘the civil service classi- § 151711. Authorization of appropriations
fication laws, rules, or regulations’’ for consistency in (a) AUTHORIZATION OF APPROPRIATIONS.—There
the revised title and with other titles of the United are authorized to be appropriated to the Library
States Code.
of Congress amounts necessary to carry out this
§ 151708. Service of process chapter, not to exceed $530,000 for each of the
fiscal years 2005 through 2009. These amounts
The corporation shall have a designated agent are to be made available to the corporation to
to receive service of process for the corporation. match any private contributions (whether in
Notice to or service on the agent, or mailed to currency, services, or property) made to the cor-
the business address of the agent, is notice to or poration by private persons and State and local
service on the corporation. governments.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1406.) (b) LIMITATION RELATED TO ADMINISTRATIVE
EXPENSES.—Amounts authorized under this sec-
HISTORICAL AND REVISION NOTES tion may not be used by the corporation for
Revised management and general or fundraising ex-
Source (U.S. Code) Source (Statutes at Large)
Section penses as reported to the Internal Revenue Serv-
151708 ......... 36:5703(a)(4), (a) Oct. 11, 1996, Pub. L. 104–285, ice as part of an annual information return re-
(last par.). title II, § 204(a)(4), (a) (last quired under the Internal Revenue Code of 1986.
par.), 110 Stat. 3384.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1407; Pub.
The words ‘‘at all times’’ are omitted as unnecessary. L. 108–447, div. G, title I, § 1205(b), Dec. 8, 2004, 118
The word ‘‘have’’ is substituted for ‘‘maintain’’, the Stat. 3189; Pub. L. 109–9, title III, § 312(d), Apr. 27,
words ‘‘to receive’’ are substituted for ‘‘authorized to 2005, 119 Stat. 226.)
accept’’, and the words ‘‘is notice to or service on’’ are
substituted for ‘‘shall be deemed as service upon or no- HISTORICAL AND REVISION NOTES
tice to’’, for consistency in the revised title.
Revised Source (U.S. Code) Source (Statutes at Large)
§ 151709. Civil action by Attorney General for Section
equitable relief 151711 ......... 36:5708. Oct. 11, 1996, Pub. L. 104–285,
title II, § 209, 110 Stat.
The Attorney General may bring a civil action 3386.
in the United States District Court for the Dis-
trict of Columbia for appropriate equitable re- REFERENCES IN TEXT
lief if the corporation— The Internal Revenue Code of 1986, referred to in sub-
(1) engages or threatens to engage in any sec. (b), is classified generally to Title 26, Internal Rev-
act, practice, or policy that is inconsistent enue Code.
§ 151712 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 192
AND ORGANIZATIONS

AMENDMENTS This section is substituted for the source provisions


2005—Pub. L. 109–9 added subsecs. (a) and (b) and for consistency in the revised title and to eliminate un-
struck out former subsecs. (a) and (b) which read as fol- necessary and executed words.
lows:
‘‘(a) AUTHORIZATION.—There are authorized to be ap-
§ 151902. Purposes
propriated to the Library of Congress amounts nec- The purposes of the corporation are to raise
essary to carry out this chapter, not to exceed $250,000 from private sources, administer, and disperse
for each of the fiscal years ending September 30,
2000–2005. These amounts are to be made available to funds for medical education, and in carrying out
the corporation to match private contributions (wheth- those purposes, to take other appropriate action
er in currency, services, or property) made to the cor- to promote—
poration by private persons and State and local govern- (1) the interpretation of the needs of medical
ments. education to the American public;
‘‘(b) LIMITATION RELATED TO ADMINISTRATIVE EX- (2) the encouragement of the growth, devel-
PENSES.—Amounts authorized under this section may
opment, and advancement of constantly im-
not be used by the corporation for administrative ex-
penses of the corporation, including salaries, travel, proving standards and methods in the edu-
transportation, and overhead expenses.’’ cation and training of all medical personnel in
2004—Subsec. (a). Pub. L. 108–447 substituted ‘‘2005’’ the United States; and
for ‘‘2003’’. (3) the preservation of academic freedom in
the institutions of medical education.
§ 151712. Annual report
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1408.)
As soon as practicable after the end of each
fiscal year, the corporation shall submit a re- HISTORICAL AND REVISION NOTES
port to Congress on the activities of the cor-
Revised
poration during the prior fiscal year, including a Section Source (U.S. Code) Source (Statutes at Large)
complete statement of its receipts, expendi-
151902 ......... 36:603. Aug. 28, 1954, ch. 1036, § 3, 68
tures, and investments. Stat. 892.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1407.)
The words ‘‘in carrying out those purposes’’ are sub-
HISTORICAL AND REVISION NOTES stituted for ‘‘in connection therewith’’ for clarity. In
clause (2), the word ‘‘personnel’’ is substituted for
Revised ‘‘manpower’’ to use a word that is gender-neutral.
Section Source (U.S. Code) Source (Statutes at Large)

151712 ......... 36:5706(b). Oct. 11, 1996, Pub. L. 104–285, § 151903. Membership
title II, § 207(b), 110 Stat.
3385. (a) ELIGIBILITY.—Except as provided in this
chapter, eligibility for membership in the cor-
The word ‘‘proceedings’’ is omitted for consistency in poration and the rights, privileges, and designa-
the revised title.
tion of classes of members are as provided in the
CHAPTER 1519—NATIONAL FUND FOR constitution and bylaws of the corporation.
MEDICAL EDUCATION (b) VOTING.—Each member (except an honor-
ary, sustaining, or associate member) has one
Sec. vote on each matter submitted to a vote at a
151901. Organization.
151902. Purposes. meeting of the members.
151903. Membership. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1408.)
151904. Governing body.
151905. Powers. HISTORICAL AND REVISION NOTES
151906. Restrictions.
151907. Principal office. Revised
151908. Records and inspection. Section Source (U.S. Code) Source (Statutes at Large)
151909. Service of process.
151910. Liability for acts of officers and agents. 151903 ......... 36:606. Aug. 28, 1954, ch. 1036, § 6, 68
151911. Distribution of assets on dissolution or final Stat. 893.
liquidation.
In subsection (a), the words ‘‘are as provided in the
§ 151901. Organization constitution and bylaws of the corporation’’ are sub-
stituted for ‘‘shall . . . be determined as the constitu-
(a) FEDERAL CHARTER.—National Fund for tion and bylaws of the corporation may provide’’ for
Medical Education (in this chapter, the ‘‘cor- consistency in the revised title and to eliminate unnec-
poration’’) is a federally chartered corporation. essary words.
(b) PLACE OF INCORPORATION AND DOMICILE.— In subsection (b), the words ‘‘the right to’’ are omit-
The corporation is declared to be incorporated ted as unnecessary.
and domiciled in the District of Columbia. § 151904. Governing body
(c) PERPETUAL EXISTENCE.—Except as other-
wise provided, the corporation has perpetual ex- (a) BOARD OF DIRECTORS.—(1) The board of di-
istence. rectors is the governing body of the corporation.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1407.) Between meetings of the members of the cor-
poration, the board is responsible for the general
HISTORICAL AND REVISION NOTES policies and program of the corporation and for
the control of all funds of the corporation.
Revised
Section Source (U.S. Code) Source (Statutes at Large) (2) The number of directors, their manner of
selection (including the filling of vacancies), and
151901 ......... 36:601. Aug. 28, 1954, ch. 1036, §§ 1, 2,
4(1), 68 Stat. 891, 892. their term of office are as provided in the con-
36:602. stitution and bylaws of the corporation. How-
36:604(1).
ever—
Page 193 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 151907
AND ORGANIZATIONS

(A) the corporation shall have at least 15 but ‘‘transfer, convey, lease, sublease, encumber and other-
not more than 25 directors; and wise alienate real, personal or mixed property’’ for con-
(B) at least four of the directors shall be sistency in the revised title and to eliminate unneces-
sary words. The words ‘‘subject, however, to applicable
members of the medical profession.
provisions of law of any State (A) governing the
(b) OFFICERS.—(1) The officers of the corpora- amount or kind of property which may be held by, or
tion are a chairman of the board of directors, a (B) otherwise limiting or controlling the ownership of
president, one or more vice presidents as pro- property by, a corporation operating in such State’’ are
omitted as unnecessary.
vided in the constitution and bylaws, a sec- In clause (6), the words ‘‘for the purposes of the cor-
retary, a treasurer, and one or more assistant poration’’ are omitted as unnecessary. The words
secretaries and assistant treasurers as provided ‘‘issue instruments of indebtedness, and secure its obli-
in the constitution and bylaws. gations by granting security interests in its property’’
(2) The manner of election, term of office, and are substituted for ‘‘issue bonds therefor, and secure
duties of the officers are as provided in the con- the same by mortgage, deed of trust, pledge or other-
stitution and bylaws. wise’’ for consistency in the revised title. The words
‘‘subject in every case to all applicable provisions of
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1408.) Federal and State laws’’ are omitted as unnecessary.
In clause (7), the words ‘‘complain and defend in any
HISTORICAL AND REVISION NOTES court of competent jurisdiction’’ are omitted as unnec-
essary.
Revised Source (U.S. Code) Source (Statutes at Large)
Section
§ 151906. Restrictions
151904(a) ..... 36:607. Aug. 28, 1954, ch. 1036, §§ 7, 8,
68 Stat. 893. (a) STOCK AND DIVIDENDS.—The corporation
151904(b) ..... 36:608. may not issue stock or declare or pay a divi-
In subsection (a), the text of 36:607(a) is omitted as
dend.
obsolete. In paragraph (1), the words ‘‘control of all (b) POLITICAL ACTIVITIES.—The corporation or
funds of the corporation’’ are substituted for ‘‘control a director or officer as such may not contribute
of all contributed funds as may be raised by the cor- to, support, or assist a political party or can-
poration’’ to eliminate unnecessary words. didate for public office.
(c) DISTRIBUTION OF INCOME OR ASSETS.—The
§ 151905. Powers income or assets of the corporation may not
The corporation may— inure to the benefit of, or be distributed to, a di-
(1) adopt and amend a constitution and by- rector, officer, or member during the life of the
laws for the management of its property and corporation or on its dissolution or final liquida-
the regulation of its affairs; tion. This subsection does not prevent the pay-
(2) adopt and alter a corporate seal; ment of compensation to an officer in an
(3) choose officers, managers, employees, and amount approved by the board of directors.
agents as the activities of the corporation re- (d) LOANS.—The corporation may not make a
quire; loan or advance to a director, officer, or em-
(4) make contracts; ployee. Directors who vote for or assent to mak-
(5) acquire, own, lease, encumber, and trans- ing a loan or advance to a director, officer, or
fer property as necessary or convenient to employee, and officers who participate in mak-
carry out the purposes of the corporation; ing the loan or advance, are jointly and sever-
(6) borrow money, issue instruments of in- ally liable to the corporation for the amount of
debtedness, and secure its obligations by the loan or advance until it is repaid.
granting security interests in its property; and (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1409.)
(7) sue and be sued.
HISTORICAL AND REVISION NOTES
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1408.)
Revised Source (U.S. Code) Source (Statutes at Large)
HISTORICAL AND REVISION NOTES Section

Revised 151906(a) ..... 36:612. Aug. 28, 1954, ch. 1036, §§ 9,


Section Source (U.S. Code) Source (Statutes at Large) 10, 12, 68 Stat. 894.
151906(b) ..... 36:610.
151905 ......... 36:604(2)–(9). Aug. 28, 1954, ch. 1036, 151906(c) ..... 36:609(a).
§§ 4(2)–(9), 16, 68 Stat. 892, 151906(d) ..... 36:609(b).
895.
36:616. In subsection (a), the words ‘‘any shares of’’ are omit-
ted as unnecessary.
In this section, the text of 36:616 is omitted as exe- In subsection (c), the words ‘‘inure to the benefit of’’
cuted and obsolete. are substituted for ‘‘inure to’’ for consistency in the re-
In clause (1), the word ‘‘alter’’ is omitted as included vised title. The words ‘‘This subsection does not’’ are
in ‘‘amend’’. The words ‘‘not inconsistent with the laws substituted for ‘‘Nothing in this subsection, however,
of the United States or any State in which the corpora- shall be construed to’’ for consistency in the revised
tion is to operate’’ are omitted as unnecessary. title and to eliminate unnecessary words.
In clause (2), the word ‘‘use’’ is omitted as unneces- In subsection (d), the words ‘‘or advance’’ are added
sary. in 2 places for consistency in the subsection.
In clause (3), the word ‘‘activities’’ is substituted for
‘‘business’’ for consistency in the revised title. § 151907. Principal office
Clause (5) is substituted for ‘‘take by lease, gift, pur-
chase, grant, devise, or bequest from any private cor-
The principal office of the corporation shall be
poration, association, partnership, firm or individual in New York, New York, or another place de-
and to hold any property, real, personal or mixed, nec- cided by the board of directors. However, the ac-
essary or convenient for attaining the objects and car- tivities of the corporation are not confined to
rying into effect the purposes of the corporation’’ and the place where the principal office is located
§ 151908 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 194
AND ORGANIZATIONS

but may be conducted throughout the States, § 151911. Distribution of assets on dissolution or
territories, and possessions of the United States. final liquidation
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1409.) On dissolution or final liquidation of the cor-
HISTORICAL AND REVISION NOTES poration, any assets remaining after the dis-
charge of all liabilities shall be distributed as
Revised Source (U.S. Code) Source (Statutes at Large) provided by the board of directors, but in com-
Section
pliance with the constitution and bylaws of the
151907 ......... 36:605(a). Aug. 28, 1954, ch. 1036, § 5(a), corporation.
68 Stat. 893.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1410.)
The word ‘‘various’’ is omitted as unnecessary.
HISTORICAL AND REVISION NOTES

§ 151908. Records and inspection Revised Source (U.S. Code) Source (Statutes at Large)
Section
(a) RECORDS.—The corporation shall keep— 151911 ......... 36:615. Aug. 28, 1954, ch. 1036, § 15, 68
(1) correct and complete records of account; Stat. 895.
(2) minutes of the proceedings of its mem-
bers, board of directors, and committees hav- The word ‘‘satisfaction’’ is omitted as included in
‘‘discharge’’, and the word ‘‘obligations’’ is omitted as
ing any of the authority of its board of direc-
included in ‘‘liabilities’’. The words ‘‘outstanding’’ and
tors; and ‘‘all Federal and State laws applicable thereto’’ are
(3) at its principal office, a record of the omitted as unnecessary.
names and addresses of its members entitled
to vote.
CHAPTER 1521—NATIONAL MINING HALL OF
(b) INSPECTION.—A member entitled to vote, or FAME AND MUSEUM
an agent or attorney of the member, may in-
spect the records of the corporation for any Sec.
proper purpose, at any reasonable time. 152101. Definition.
152102. Organization.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1409.) 152103. Purposes.
HISTORICAL AND REVISION NOTES 152104. Membership.
152105. Governing body.
Revised 152106. Powers.
Section Source (U.S. Code) Source (Statutes at Large)
152107. Restrictions.
151908 ......... 36:613. Aug. 28, 1954, ch. 1036, § 13, 68 152108. Duty to maintain corporate and tax-exempt
Stat. 894.
status.
152109. Records and inspection.
The word ‘‘records’’ is substituted for ‘‘books and
records’’ for consistency in the revised title and with 152110. Service of process.
other titles of the United States Code. 152111. Liability for acts of officers and agents.
152112. Annual report.

§ 151909. Service of process


§ 152101. Definition
The corporation shall have a designated agent
in the District of Columbia to receive service of For purposes of this chapter, ‘‘State’’ includes
process for the corporation. Notice to or service the District of Columbia and the territories and
on the agent, or mailed to the business address possessions of the United States.
of the agent, is notice to or service on the cor- (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1410.)
poration.
HISTORICAL AND REVISION NOTES
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1409.)
Revised Source (U.S. Code) Source (Statutes at Large)
HISTORICAL AND REVISION NOTES Section

Revised 152101 ......... 36:4113. Nov. 14, 1988, Pub. L. 100–655,


Section Source (U.S. Code) Source (Statutes at Large) § 114, 102 Stat. 3852.

151909 ......... 36:605(b). Aug. 28, 1954, ch. 1036, § 5(b),


68 Stat. 893. The words ‘‘the Commonwealth of Puerto Rico’’ are
omitted as included in ‘‘the territories and possessions
of the United States’’.
§ 151910. Liability for acts of officers and agents
§ 152102. Organization
The corporation is liable for the acts of its of-
ficers and agents acting within the scope of (a) FEDERAL CHARTER.—National Mining Hall
their authority. of Fame and Museum (in this chapter, the ‘‘cor-
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1409.) poration’’), incorporated in Colorado, is a feder-
ally chartered corporation.
HISTORICAL AND REVISION NOTES (b) EXPIRATION OF CHARTER.—If the corpora-
Revised tion does not comply with any provision of this
Source (U.S. Code) Source (Statutes at Large)
Section chapter, the charter granted by this chapter ex-
151910 ......... 36:611. Aug. 28, 1954, ch. 1036, § 11, 68
pires.
Stat. 894.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1410.)
Page 195 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 152107
AND ORGANIZATIONS

HISTORICAL AND REVISION NOTES § 152104. Membership


Revised
Source (U.S. Code) Source (Statutes at Large) Eligibility for membership in the corporation
Section
and the rights and privileges of members are as
152102(a) ..... 36:4101. Nov. 14, 1988, Pub. L. 100–655, provided in the bylaws.
§§ 101, 116, 102 Stat. 3849,
3852. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1411.)
152102(b) ..... 36:4115.
HISTORICAL AND REVISION NOTES
This section is substituted for the source provisions
for consistency in the revised title and to eliminate un- Revised
Section Source (U.S. Code) Source (Statutes at Large)
necessary words.
152104 ......... 36:4104. Nov. 14, 1988, Pub. L. 100–655,
§ 104, 102 Stat. 3850.
§ 152103. Purposes
The purposes of the corporation are as pro- § 152105. Governing body
vided in its articles of incorporation and in-
clude— (a) BOARD OF DIRECTORS.—The board of direc-
(1) honoring citizens, mining leaders, min- tors and the responsibilities of the board are as
ers, prospectors, teachers, scientists, engi- provided in the articles of incorporation.
neers, inventors, governmental leaders, and (b) OFFICERS.—The officers and the election of
other individuals, who have helped to make officers are as provided in the articles of incor-
this country great by their outstanding con- poration.
tributions to the establishment, development, (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1411.)
advancement, or improvement of mining in
HISTORICAL AND REVISION NOTES
the United States;
(2) perpetuating the memory of those indi- Revised Source (U.S. Code) Source (Statutes at Large)
viduals and recording their contributions and Section
achievements by the erection and mainte- 152105(a) ..... 36:4105. Nov. 14, 1988, Pub. L. 100–655,
nance of buildings, monuments, and edifices §§ 105, 106, 102 Stat. 3850.
152105(b) ..... 36:4106.
considered appropriate as a lasting memorial;
(3) fostering, promoting, and encouraging a The words ‘‘and in conformity with the laws of the
better understanding of the origins and growth State or States in which it is incorporated’’ in 36:4105
of mining, especially in the United States, and and ‘‘and in conformity with the laws of the State or
the part mining has played in changing the States wherein it is incorporated’’ in 36:4106 are omit-
economic, social, and scientific aspects of our ted as unnecessary.
country; § 152106. Powers
(4) establishing and maintaining a library
and museum for collecting and preserving for The corporation has only the powers provided
posterity, the history of those honored by the in its bylaws and articles of incorporation filed
corporation, together with a documentation of in each State in which it is incorporated.
their accomplishments and contributions to (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1411.)
mining, including such items as mining pic-
tures, paintings, books, papers, documents, HISTORICAL AND REVISION NOTES
scientific data, relics, mementos, artifacts, Revised
and things relating to those items; Section Source (U.S. Code) Source (Statutes at Large)
(5) cooperating with other mining organiza- 152106 ......... 36:4102. Nov. 14, 1988, Pub. L. 100–655,
tions that are actively engaged and interested § 102, 102 Stat. 3849.
in similar projects; and
(6) engaging in any other activity necessary The words ‘‘and subject to the laws of such State or
or proper to accomplish any of the purposes in States’’ are omitted as unnecessary.
this section. § 152107. Restrictions
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1410.) (a) STOCK AND DIVIDENDS.—The corporation
HISTORICAL AND REVISION NOTES may not issue stock or declare or pay a divi-
dend.
Revised Source (U.S. Code) Source (Statutes at Large) (b) POLITICAL ACTIVITIES.—The corporation or
Section
a director or officer as such may not contribute
152103 ......... 36:4103. Nov. 14, 1988, Pub. L. 100–655, to, support, or participate in any political activ-
§ 103, 102 Stat. 3850.
ity or in any manner attempt to influence legis-
Before clause (1), the word ‘‘objects’’ is omitted as lation.
unnecessary. (c) DISTRIBUTION OF INCOME OR ASSETS.—The
In clause (1), the word ‘‘country’’ is substituted for income or assets of the corporation may not
‘‘Nation’’, and the words ‘‘of America’’ are omitted, for inure to the benefit of, or be distributed to, a di-
consistency in the revised title. rector, officer, or member during the life of the
In clause (2), the word ‘‘considered’’ is substituted for charter granted by this chapter. This subsection
‘‘as may be deemed’’ for consistency in the revised title does not prevent the payment of reasonable
and to eliminate unnecessary words.
In clause (6), the words ‘‘any other activity’’ are sub-
compensation to an officer or reimbursement for
stituted for ‘‘any and all activities’’, and the words actual necessary expenses in amounts approved
‘‘necessary or proper’’ are substituted for ‘‘incidental by the board of directors.
thereto or necessary, suitable, or proper’’, for consist- (d) LOANS.—The corporation may not make a
ency and to eliminate unnecessary words. loan to a director, officer, or employee.
§ 152108 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 196
AND ORGANIZATIONS

(e) CLAIM OF GOVERNMENTAL APPROVAL OR AU- travene any applicable State law’’ are omitted as un-
THORIZATION.—The corporation may not claim necessary.
congressional approval or the authority of the
§ 152110. Service of process
United States Government for any of its activi-
ties. The corporation shall comply with the law on
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1411.) service of process of each State in which it is in-
corporated and each State in which it carries on
HISTORICAL AND REVISION NOTES activities.
Revised Source (U.S. Code) Source (Statutes at Large)
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1412.)
Section
HISTORICAL AND REVISION NOTES
152107(a) ..... 36:4107(d). Nov. 14, 1988, Pub. L. 100–655,
§ 107(a)–(e), 102 Stat. 3850.
152107(b) ..... 36:4107(c). Revised Source (U.S. Code) Source (Statutes at Large)
152107(c) ..... 36:4107(a). Section
152107(d) ..... 36:4107(b).
152107(e) ..... 36:4107(e). 152110 ......... 36:4109. Nov. 14, 1988, Pub. L. 100–655,
§ 109, 102 Stat. 3851.
In subsection (a), the words ‘‘any shares of’’ are omit-
The words ‘‘in furtherance of its corporate purposes’’
ted as unnecessary.
are omitted as unnecessary.
In subsection (b), the words ‘‘as such’’ are substituted
for ‘‘acting as such officer or director’’ for consistency
in the revised title.
§ 152111. Liability for acts of officers and agents
In subsection (c), the words ‘‘inure to the benefit of’’ The corporation is liable for the acts of its of-
are substituted for ‘‘inure to’’ for consistency in the re- ficers and agents acting within the scope of
vised title.
their authority.
§ 152108. Duty to maintain corporate and tax-ex- (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1412.)
empt status
HISTORICAL AND REVISION NOTES
(a) CORPORATE STATUS.—The corporation shall
maintain its status as a corporation incor- Revised
Source (U.S. Code) Source (Statutes at Large)
Section
porated under the laws of Colorado.
(b) TAX-EXEMPT STATUS.—The corporation 152111 ......... 36:4108. Nov. 14, 1988, Pub. L. 100–655,
§ 108, 102 Stat. 3851.
shall maintain its status as an organization ex-
empt from taxation under the Internal Revenue
Code of 1986 (26 U.S.C. 1 et seq.). § 152112. Annual report
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1411.) The corporation shall submit an annual report
to Congress on the activities of the corporation
HISTORICAL AND REVISION NOTES during the prior fiscal year. The report shall be
Revised submitted at the same time as the report of the
Source (U.S. Code) Source (Statutes at Large)
Section audit required by section 10101 of this title. The
152108(a) ..... 36:4107(f). Nov. 14, 1988, Pub. L. 100–655, report may not be printed as a public document.
§§ 107(f), 115, 102 Stat. 3851,
3852. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1412.)
152108(b) ..... 36:4114.
HISTORICAL AND REVISION NOTES
§ 152109. Records and inspection Revised
Section Source (U.S. Code) Source (Statutes at Large)
(a) RECORDS.—The corporation shall keep—
(1) correct and complete records of account; 152112 ......... 36:4111. Nov. 14, 1988, Pub. L. 100–655,
§ 112, 102 Stat. 3851.
(2) minutes of the proceedings of its mem-
bers, board of directors, and committees hav-
TERMINATION OF REPORTING REQUIREMENTS
ing any of the authority of its board of direc-
tors; and For termination, effective May 15, 2000, of reporting
(3) at its principal office, a record of the provisions in this section, see section 3003 of Pub. L.
104–66, as amended, set out as a note under section 1113
names and addresses of its members entitled
of Title 31, Money and Finance, and page 204 of House
to vote. Document No. 103–7.
(b) INSPECTION.—A member entitled to vote, or
an agent or attorney of the member, may in- CHAPTER 1523—NATIONAL MUSIC COUNCIL
spect the records of the corporation for any Sec.
proper purpose, at any reasonable time. 152301. Organization.
152302. Purposes.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1411.)
152303. Membership.
HISTORICAL AND REVISION NOTES 152304. Governing body.
152305. Powers.
Revised Source (U.S. Code) Source (Statutes at Large) 152306. Exclusive right to name, seals, emblems, and
Section badges.
152109 ......... 36:4110. Nov. 14, 1988, Pub. L. 100–655, 152307. Restrictions.
§ 110, 102 Stat. 3851. 152308. Principal office.
152309. Records and inspection.
The word ‘‘records’’ is substituted for ‘‘books and 152310. Service of process.
records’’ for consistency in the revised title and with 152311. Liability for acts of officers and agents.
other titles of the United States Code. The words 152312. Distribution of assets on dissolution or final
‘‘Nothing in this section shall be construed to con- liquidation.
Page 197 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 152305
AND ORGANIZATIONS

§ 152301. Organization HISTORICAL AND REVISION NOTES

(a) FEDERAL CHARTER.—National Music Coun- Revised


Section Source (U.S. Code) Source (Statutes at Large)
cil (in this chapter, the ‘‘corporation’’) is a fed-
erally chartered corporation. 152303 ......... 36:666. Aug. 1, 1956, ch. 824, § 6, 70
Stat. 796.
(b) PERPETUAL EXISTENCE.—Except as other-
wise provided, the corporation has perpetual ex-
§ 152304. Governing body
istence.
(a) GENERAL.—(1) The board of directors is the
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1412.)
governing body of the corporation. The board
HISTORICAL AND REVISION NOTES may be known as an Executive Committee.
(2) The board shall consist of at least 10 indi-
Revised
Section Source (U.S. Code) Source (Statutes at Large) viduals who shall be representative of members
of the corporation or other individuals selected
152301 ......... 36:661. Aug. 1, 1956, ch. 824, §§ 1, 2,
19, 70 Stat. 794, 797. by the members of the corporation. The direc-
36:662. tors shall be elected by the members of the cor-
36:679.
poration annually or at another regular interval
as provided in the bylaws of the corporation.
This section is substituted for the source provisions
for consistency in the revised title and to eliminate un-
(b) OFFICERS.—The officers of the corporation
necessary and executed words. are a chairman of the board, a president, one or
more vice presidents, a secretary, a treasurer,
and assistant officers the board designates. The
§ 152302. Purposes officers shall perform the duties and have the
The purposes of the corporation are— powers provided in the bylaws and by the board.
(1) to provide the member organizations (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1413.)
with a forum for the free discussion of prob-
HISTORICAL AND REVISION NOTES
lems affecting national musical life in this
country; Revised Source (U.S. Code) Source (Statutes at Large)
Section
(2) to speak with one voice for music when-
ever an authoritative expression of opinion is 152304(a) ..... 36:667. Aug. 1, 1956, ch. 824, §§ 7, 8, 70
desirable; Stat. 796.
152304(b) ..... 36:668.
(3) to provide for the interchange of informa-
tion between the various member organiza- In subsection (a)(1), the words ‘‘and referred to’’ are
tions; omitted as unnecessary.
(4) to encourage the coordination of efforts In subsection (a)(2), the words ‘‘at another regular in-
of the member organizations, thereby avoiding terval as provided’’ are substituted for ‘‘at such other
regular intervals as may be specified’’ for consistency
duplication or conflict; in the revised title and to eliminate unnecessary words.
(5) to organize exploratory surveys or fact- In subsection (b), the words ‘‘from time to time’’ are
finding commissions whenever the corporation omitted as unnecessary.
considers them necessary for the solution of
important problems; and § 152305. Powers
(6) to encourage the development and appre- The corporation may—
ciation of the art of music and to foster the (1) adopt and amend a constitution and by-
highest ethical standards in the musical pro- laws for the management of its property and
fessions and industries. the regulation of its affairs;
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1412.) (2) adopt and alter a corporate seal;
(3) choose officers, managers, employees, and
HISTORICAL AND REVISION NOTES agents as the activities of the corporation re-
Revised
quire;
Section Source (U.S. Code) Source (Statutes at Large) (4) make contracts;
(5) publish a bulletin, magazine, and other
152302 ......... 36:663. Aug. 1, 1956, ch. 824, § 3, 70
Stat. 795. publications;
(6) acquire, own, lease, encumber, and trans-
Before clause (1), the word ‘‘objects’’ is omitted as fer property as necessary to carry out the pur-
unnecessary. poses of the corporation;
In clause (5), the word ‘‘considers’’ is substituted for (7) borrow money, issue instruments of in-
‘‘shall deem’’ for consistency in the revised title. debtedness, and secure its obligations by
granting security interests in its property;
§ 152303. Membership (8) use corporate funds to give prizes,
awards, loans, scholarships, and grants to de-
(a) ELIGIBILITY.—Except as provided in this serving composers, conductors, and others for
chapter, eligibility for membership in the cor- the purposes stated in section 152302 of this
poration and the rights and privileges of mem- title and for other purposes the board of direc-
bers are as provided in the constitution and by- tors considers proper;
laws of the corporation. (9) sue and be sued; and
(b) VOTING.—Each member has one vote in the (10) do any other act necessary and proper to
conduct of official business of the corporation. carry out the purposes of the corporation.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1413.) (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1413.)
§ 152306 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 198
AND ORGANIZATIONS

HISTORICAL AND REVISION NOTES inure to the benefit of, or be distributed to, a di-
rector, officer, or member except on dissolution
Revised
Section Source (U.S. Code) Source (Statutes at Large) or final liquidation of the corporation.
(e) LOANS.—The corporation may not make a
152305 ......... 36:664. Aug. 1, 1956, ch. 824, §§ 4, 18,
70 Stat. 795, 797. loan to a director, officer, or employee. Direc-
36:678. tors who vote for or assent to making a loan to
a director, officer, or employee, and officers who
In this section, the text of 36:678 is omitted as exe-
participate in making the loan, are jointly and
cuted and obsolete.
In clause (1), the words ‘‘not inconsistent with the severally liable to the corporation for the
laws of the United States or any State in which the amount of the loan until it is repaid.
Corporation is to operate’’ are omitted as unnecessary. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1413.)
In clause (2), the word ‘‘use’’ is omitted as unneces-
sary. HISTORICAL AND REVISION NOTES
In clause (3), the word ‘‘activities’’ is substituted for
‘‘business’’ for consistency in the revised title. Revised Source (U.S. Code) Source (Statutes at Large)
Clause (6) is substituted for ‘‘take and hold by lease, Section
gift, purchase, grant, devise, or bequest any property, 152307(a) ..... 36:672 (words after Aug. 1, 1956, ch. 824, §§ 9, 10,
real or personal, necessary for attaining the objects or comma). 12, 70 Stat. 796.
accomplishing the purposes of the Corporation’’ and 152307(b) ..... 36:672 (words before
‘‘transfer and convey real or personal property’’ for comma).
152307(c) ..... 36:670.
consistency in the revised title and to eliminate unnec- 152307(d) ..... 36:669(a).
essary words. The words ‘‘subject to applicable provi- 152307(e) ..... 36:669(b).
sions of law of any State (A) governing the amount or
kind of real and personal property which may be held In subsection (a), the word ‘‘pecuniary’’ is omitted as
by, or (B) otherwise limiting or controlling the owner- unnecessary.
ship of real and personal property by a corporation op- In subsection (b), the words ‘‘any shares of’’ are omit-
erating in such State’’ are omitted as unnecessary. ted as unnecessary.
In clause (7), the words ‘‘for the purposes of the Cor- In subsection (d), the words ‘‘inure to the benefit of’’
poration’’ are omitted as unnecessary. The words are substituted for ‘‘inure to’’ for consistency in the re-
‘‘issue instruments of indebtedness, and secure its obli- vised title. The words ‘‘as provided in section 675 of this
gations by granting security interests in its property’’ title’’ are omitted as unnecessary.
are substituted for ‘‘issue bonds therefor, and secure
§ 152308. Principal office
the same by mortgage’’ for consistency in the revised
title. The words ‘‘subject to all applicable provisions of The principal office of the corporation shall be
Federal or State law’’ are omitted as unnecessary. at the place the board of directors decides. How-
In clause (8), the words ‘‘other purposes the board of
ever, the activities of the corporation may be
directors considers proper’’ are substituted for ‘‘such
other purpose as may be determined to be proper by the conducted throughout the States, territories,
board of directors’’ to eliminate unnecessary words. and possessions of the United States.
In clause (9), the words ‘‘complain and defend in any (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1414.)
court of competent jurisdiction’’ are omitted as unnec-
essary. HISTORICAL AND REVISION NOTES
In clause (10), the words ‘‘any other act’’ are sub-
stituted for ‘‘any and all acts and things’’, and the word Revised Source (U.S. Code) Source (Statutes at Large)
‘‘objects’’ is omitted, to eliminate unnecessary words. Section

152308 ......... 36:665 (1st, last sen- Aug. 1, 1956, ch. 824, § 5 (1st,
§ 152306. Exclusive right to name, seals, emblems, tences). last sentences), 70 Stat.
and badges 796.

The corporation has the exclusive right to use § 152309. Records and inspection
the name ‘‘National Music Council’’ and seals,
emblems, and badges the corporation adopts. (a) RECORDS.—The corporation shall keep—
(1) correct and complete records of account;
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1413.) (2) minutes of the proceedings of its mem-
HISTORICAL AND REVISION NOTES bers, board of directors, and committees hav-
ing any of the authority of its board of direc-
Revised
Source (U.S. Code) Source (Statutes at Large) tors; and
Section
(3) at its principal office, a record of the
152306 ......... 36:676. Aug. 1, 1956, ch. 824, § 16, 70 names and addresses of its members entitled
Stat. 797.
to vote.
The words ‘‘sole’’ and ‘‘as representing such Corpora- (b) INSPECTION.—A member entitled to vote, or
tion’’ are omitted as unnecessary. an agent or attorney of the member, may in-
spect the records of the corporation for any
§ 152307. Restrictions
proper purpose, at any reasonable time.
(a) PROFIT.—The corporation may not engage (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1414.)
in business for profit.
(b) STOCK AND DIVIDENDS.—The corporation HISTORICAL AND REVISION NOTES
may not issue stock or declare or pay a divi-
Revised
dend. Section Source (U.S. Code) Source (Statutes at Large)
(c) POLITICAL ACTIVITIES.—The corporation or
a director, officer, or member as such may not 152309 ......... 36:673. Aug. 1, 1956, ch. 824, § 13, 70
Stat. 796.
contribute to, support, or assist a political party
or candidate for elective public office. The word ‘‘records’’ is substituted for ‘‘books and
(d) DISTRIBUTION OF INCOME OR ASSETS.—The records’’ for consistency in the revised title and with
income or assets of the corporation may not other titles of the United States Code.
Page 199 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 152403
AND ORGANIZATIONS

§ 152310. Service of process CHAPTER 1524—NATIONAL RECORDING


PRESERVATION FOUNDATION
(a) DISTRICT OF COLUMBIA.—The corporation
shall have a designated agent in the District of Sec.
Columbia to receive service of process for the 152401. Organization.
corporation. Designation of the agent shall be 152402. Purposes.
152403. Board of directors.
filed in the office of the clerk of the United 152404. Officers and employees.
States District Court for the District of Colum- 152405. Powers.
bia. Notice to or service on the agent, or mailed 152406. Principal office.
to the business address of the agent, is notice to 152407. Provision and acceptance of support by Li-
or service on the corporation. brarian of Congress.
(b) STATES, TERRITORIES, AND POSSESSIONS.— 152408. Service of process.
152409. Civil action by Attorney General for equi-
As a condition to the exercise of any power or
table relief.
privilege granted by this chapter, the corpora- 152410. Immunity of United States Government.
tion shall file, with the secretary of state or 152411. Authorization of appropriations.
other designated official of each State, terri- 152412. Annual report.
tory, or possession of the United States in which
the corporation does business, the name and ad- § 152401. Organization
dress of an agent in that State, territory, or pos- (a) FEDERAL CHARTER.—The National Record-
session on whom legal process or demands ing Preservation Foundation (in this chapter,
against the corporation may be served. the ‘‘corporation’’) is a federally chartered cor-
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1414.) poration.
(b) NATURE OF CORPORATION.—The corporation
HISTORICAL AND REVISION NOTES is a charitable and nonprofit corporation and is
Revised
not an agency or establishment of the United
Section Source (U.S. Code) Source (Statutes at Large) States Government.
(c) PERPETUAL EXISTENCE.—Except as other-
152310(a) ..... 36:665 (2d, 3d sen- Aug. 1, 1956, ch. 824, §§ 5 (2d,
tences). 3d sentences), 17, 70 Stat. wise provided, the corporation has perpetual ex-
796, 797. istence.
152310(b) ..... 36:677.
(Added Pub. L. 106–474, title II, § 201(a), Nov. 9,
In subsection (b), the words ‘‘precedent’’ and ‘‘grant- 2000, 114 Stat. 2091.)
ed to the Corporation’’ are omitted as unnecessary. The
words ‘‘with the secretary of state or other designated § 152402. Purposes
official’’ are substituted for ‘‘in the office of the Sec-
retary of State, or in the office of another appropriate The purposes of the corporation are to—
officer’’ for consistency in the revised title. The words (1) encourage, accept, and administer private
‘‘post office’’ are omitted as unnecessary. gifts to promote and ensure the preservation
and public accessibility of the nation’s sound
§ 152311. Liability for acts of officers and agents recording heritage held at the Library of Con-
The corporation is liable for the acts of its of- gress and other public and nonprofit archives
ficers and agents acting within the scope of throughout the United States; and
their authority. (2) further the goals of the Library of Con-
gress and the National Recording Preservation
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1414.)
Board in connection with their activities
HISTORICAL AND REVISION NOTES under the National Recording Preservation
Act of 2000.
Revised Source (U.S. Code) Source (Statutes at Large)
Section (Added Pub. L. 106–474, title II, § 201(a), Nov. 9,
152311 ......... 36:671. Aug. 1, 1956, ch. 824, § 11, 70 2000, 114 Stat. 2092.)
Stat. 796.
REFERENCES IN TEXT

§ 152312. Distribution of assets on dissolution or The National Recording Preservation Act of 2000, re-
ferred to in par. (2), is Pub. L. 106–474, Nov. 9, 2000, 114
final liquidation
Stat. 2085, which enacted this chapter and chapter 27
On dissolution or final liquidation of the cor- (§ 1701 et seq.) of Title 2, The Congress. For complete
poration, any assets remaining after the dis- classification of this Act to the Code, see Short Title
charge of all liabilities shall be used by the note set out under section 1701 of Title 2 and Tables.
board of directors for the purposes stated in sec- § 152403. Board of directors
tion 152302 of this title or be transferred to a rec-
ognized educational foundation. (a) GENERAL.—The board of directors is the
governing body of the corporation.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1414.) (b) MEMBERS AND APPOINTMENT.—(1) The Li-
HISTORICAL AND REVISION NOTES brarian of Congress (hereafter in this chapter re-
ferred to as the ‘‘Librarian’’) is an ex officio
Revised Source (U.S. Code) Source (Statutes at Large) nonvoting member of the board. Not later than
Section
90 days after the date of the enactment of this
152312 ......... 36:675. Aug. 1, 1956, ch. 824, § 15, 70 chapter, the Librarian shall appoint the direc-
Stat. 797.
tors to the board in accordance with paragraph
The word ‘‘satisfaction’’ is omitted as included in (2).
‘‘discharge’’, and the word ‘‘obligations’’ is omitted as (2)(A) The board consists of nine directors.
included in ‘‘liabilities’’. The word ‘‘outstanding’’ is (B) Each director shall be a United States citi-
omitted as unnecessary. zen.
§ 152404 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 200
AND ORGANIZATIONS

(C) At least six directors shall be knowledge- (2) shall be appointed and removed without
able or experienced in sound recording produc- regard to the provisions of title 5 governing
tion, distribution, preservation, or restoration, appointments in the competitive service; and
including two who are sitting members of the (3) may be paid without regard to chapter 51
National Recording Preservation Board. These and subchapter III of chapter 53 of title 5, ex-
six directors shall, to the extent practicable, cept that an employee may not be paid more
represent diverse points of view from the sound than the annual rate of basic pay for level 15
recording community. of the General Schedule under section 5107 of
(3) A director is not an employee of the Li- title 5.
brary of Congress and appointment to the board (Added Pub. L. 106–474, title II, § 201(a), Nov. 9,
does not constitute appointment as an officer or 2000, 114 Stat. 2093.)
employee of the United States Government for
the purpose of any law of the United States. REFERENCES IN TEXT
(4) The terms of office of the directors are 4 The provisions of title 5 governing appointments in
years. An individual may not serve more than the competitive service, referred to in subsec. (d)(2), are
two consecutive terms. classified generally to section 3301 et seq. of Title 5,
(5) A vacancy on the board shall be filled in Government Organization and Employees.
the manner in which the original appointment The General Schedule, referred to in subsec. (d)(3), is
set out under section 5332 of Title 5, Government Orga-
was made.
nization and Employees.
(c) CHAIR.—The Librarian shall appoint one of
the directors as the initial chair of the board for § 152405. Powers
a 2-year term. Thereafter, the chair shall be ap-
pointed and removed in accordance with the by- (a) GENERAL.—The corporation may—
laws of the corporation. (1) adopt a constitution and bylaws;
(d) QUORUM.—The number of directors con- (2) adopt a seal which shall be judicially no-
stituting a quorum of the board shall be estab- ticed; and
lished under the bylaws of the corporation. (3) do any other act necessary to carry out
(e) MEETINGS.—The board shall meet at the this chapter.
call of the Librarian for regularly scheduled (b) POWERS AS TRUSTEE.—To carry out its pur-
meetings. poses, the corporation has the usual powers of a
(f) REIMBURSEMENT OF EXPENSES.—Directors corporation acting as a trustee in the District of
shall serve without compensation but may re- Columbia, including the power—
ceive travel expenses, including per diem in lieu (1) to accept, receive, solicit, hold, admin-
of subsistence, in accordance with sections 5702 ister, and use any gift, devise, or bequest, ei-
and 5703 of title 5. ther absolutely or in trust, of property or any
(g) LIABILITY OF DIRECTORS.—Directors are not income from or other interest in property;
personally liable, except for gross negligence. (2) to acquire property or an interest in
(Added Pub. L. 106–474, title II, § 201(a), Nov. 9, property by purchase or exchange;
2000, 114 Stat. 2092.) (3) unless otherwise required by an instru-
ment of transfer, to sell, donate, lease, invest,
REFERENCES IN TEXT or otherwise dispose of any property or income
The date of the enactment of this chapter, referred to from property;
in subsec. (b), is the date of enactment of Pub. L. (4) to borrow money and issue instruments
106–474, which was approved Nov. 9, 2000. of indebtedness;
(5) to make contracts and other arrange-
§ 152404. Officers and employees
ments with public agencies and private organi-
(a) SECRETARY OF THE BOARD.—(1) The Librar- zations and persons and to make payments
ian shall appoint a Secretary of the Board to necessary to carry out its functions;
serve as executive director of the corporation. (6) to sue and be sued; and
The Librarian may remove the Secretary. (7) to do any other act necessary and proper
(2) The Secretary shall be knowledgeable and to carry out the purposes of the corporation.
experienced in matters relating to— (c) ENCUMBERED OR RESTRICTED GIFTS.—A gift,
(A) sound recording preservation and res- devise, or bequest may be accepted by the cor-
toration activities; poration even though it is encumbered, re-
(B) financial management; and stricted, or subject to beneficial interests of pri-
(C) fundraising. vate persons, if any current or future interest is
(b) APPOINTMENT OF OFFICERS.—Except as pro- for the benefit of the corporation.
vided in subsection (a) of this section, the board (Added Pub. L. 106–474, title II, § 201(a), Nov. 9,
of directors appoints, removes, and replaces offi- 2000, 114 Stat. 2093.)
cers of the corporation.
(c) APPOINTMENT OF EMPLOYEES.—Except as § 152406. Principal office
provided in subsection (a) of this section, the
Secretary appoints, removes, and replaces em- The principal office of the corporation shall be
ployees of the corporation. in the District of Columbia. However, the cor-
(d) STATUS AND COMPENSATION OF EMPLOY- poration may conduct business throughout the
EES.—Employees of the corporation (including
States, territories, and possessions of the United
the Secretary)— States.
(1) are not employees of the Library of Con- (Added Pub. L. 106–474, title II, § 201(a), Nov. 9,
gress; 2000, 114 Stat. 2094.)
Page 201 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 152502
AND ORGANIZATIONS

§ 152407. Provision and acceptance of support by (b) LIMITATION RELATED TO ADMINISTRATIVE


Librarian of Congress EXPENSES.—Except as permitted under section
152407, amounts authorized under this section
(a) PROVISION BY LIBRARIAN.—(1) The Librarian
may not be used by the corporation for adminis-
may provide personnel, facilities, and other ad-
trative expenses of the corporation, including
ministrative services to the corporation. Admin-
salaries, travel, transportation, and overhead
istrative services may include reimbursement of
expenses.
expenses under section 152403(f).
(2) The corporation shall reimburse the Li- (Added Pub. L. 106–474, title II, § 201(a), Nov. 9,
brarian for support provided under paragraph (1) 2000, 114 Stat. 2094.)
of this subsection. Amounts reimbursed shall be REFERENCES IN TEXT
deposited in the Treasury to the credit of the
appropriations then current and chargeable for The date of the enactment of this chapter, referred to
the cost of providing the support. in subsec. (a), is the date of enactment of Pub. L.
106–474, which was approved Nov. 9, 2000.
(b) ACCEPTANCE BY LIBRARIAN.—The Librarian
may accept, without regard to chapters 33 and 51 § 152412. Annual report
and subchapter III of chapter 53 of title 5 and re-
lated regulations, the services of the corpora- As soon as practicable after the end of each
tion and its directors, officers, and employees as fiscal year, the corporation shall submit a re-
volunteers in performing functions authorized port to the Librarian for transmission to Con-
under this chapter, without compensation from gress on the activities of the corporation during
the Library of Congress. the prior fiscal year, including a complete state-
ment of its receipts, expenditures, and invest-
(Added Pub. L. 106–474, title II, § 201(a), Nov. 9,
ments.
2000, 114 Stat. 2094.)
(Added Pub. L. 106–474, title II, § 201(a), Nov. 9,
§ 152408. Service of process 2000, 114 Stat. 2095.)
The corporation shall have a designated agent
CHAPTER 1525—NATIONAL SAFETY COUNCIL
to receive service of process for the corporation.
Notice to or service on the agent, or mailed to Sec.
the business address of the agent, is notice to or 152501. Organization.
service on the corporation. 152502. Purposes.
152503. Membership.
(Added Pub. L. 106–474, title II, § 201(a), Nov. 9, 152504. Governing body.
2000, 114 Stat. 2094.) 152505. Powers.
152506. Exclusive right to name, seals, emblems, and
§ 152409. Civil action by Attorney General for badges.
equitable relief 152507. Restrictions.
152508. Principal office.
The Attorney General may bring a civil action 152509. Records and inspection.
in the United States District Court for the Dis- 152510. Service of process.
trict of Columbia for appropriate equitable re- 152511. Liability for acts of officers and agents.
lief if the corporation— 152512. Distribution of assets on dissolution or final
(1) engages or threatens to engage in any liquidation.
act, practice, or policy that is inconsistent
with the purposes in section 152402 of this § 152501. Organization
title; or (a) FEDERAL CHARTER.—National Safety Coun-
(2) refuses, fails, or neglects to carry out its cil (in this chapter, the ‘‘corporation’’) is a fed-
obligations under this chapter or threatens to erally chartered corporation.
do so. (b) PERPETUAL EXISTENCE.—Except as other-
(Added Pub. L. 106–474, title II, § 201(a), Nov. 9, wise provided, the corporation has perpetual ex-
2000, 114 Stat. 2094.) istence.
§ 152410. Immunity of United States Government (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1415.)

The United States Government is not liable HISTORICAL AND REVISION NOTES
for any debts, defaults, acts, or omissions of the Revised Source (U.S. Code) Source (Statutes at Large)
corporation. The full faith and credit of the Gov- Section
ernment does not extend to any obligation of 152501 ......... 36:461. Aug. 13, 1953, ch. 429, §§ 1, 2,
the corporation. 67 Stat. 569.
36:462.
(Added Pub. L. 106–474, title II, § 201(a), Nov. 9,
2000, 114 Stat. 2094.) This section is substituted for the source provisions
for consistency in the revised title and to eliminate un-
§ 152411. Authorization of appropriations necessary and executed words.
(a) AUTHORIZATION.—There are authorized to § 152502. Purposes
be appropriated to the corporation for each of
the first 7 fiscal years beginning on or after the The purposes of the corporation are—
date of the enactment of this chapter an amount (1) to further, encourage, and promote meth-
not to exceed the amount of private contribu- ods and procedures leading to increased safety,
tions (whether in currency, services, or prop- protection, and health among employees, em-
erty) made to the corporation by private persons ployers, and children in industries, on farms,
and State and local governments. in schools and colleges, in homes, on streets
§ 152503 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 202
AND ORGANIZATIONS

and highways, in recreation, and in other pub- is responsible for the general policies and pro-
lic and private places; gram of the corporation. Except as provided in
(2) to collect, correlate, publish, and dis- subsection (c) of this section, the board is re-
seminate educational and informative reports sponsible for all funds of the corporation.
and all other data related to safety methods (2) The board shall consist of at least 15 direc-
and procedures; tors. Their manner of selection (including the
(3) to arouse and maintain the interest of filling of vacancies) and term of office are as
the people of the United States and its terri- provided in the constitution and bylaws of the
tories and possessions in safety and accident corporation.
prevention, and to encourage the adoption and (b) OFFICERS.—(1) The officers of the corpora-
institution of safety methods by all individ- tion are a chairman of the board of directors, a
uals, corporations, and other organizations; president, three or more vice presidents as pro-
(4) to organize, establish, and conduct pro- vided in the constitution and bylaws, a sec-
grams, lectures, conferences, and other activi- retary, a treasurer, and an executive vice presi-
ties for the education of all individuals, cor- dent. Their duties are as provided in the con-
porations, and other organizations in safety stitution and bylaws.
methods and procedures; (2) Except for the executive vice president, the
(5) to organize and aid in organizing local officers shall be elected at the annual meeting of
safety chapters throughout the United States the corporation. The executive vice president
and its territories and possessions, and to pro- shall be elected by the board of directors in the
vide organizational guidance and materials to manner provided in the constitution and bylaws.
promote the national safety; (c) TRUSTEES.—The corporation shall have at
(6) to cooperate with, enlist, and develop the least 15 trustees. Their manner of selection and
cooperation of and among all individuals, cor- term of office are as provided in the constitution
porations, and other organizations and agen- and bylaws. The trustees have full power and
cies, public and private, engaged in, interested control over contributed funds that they raise.
in, or in any manner connected with, any of (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1416.)
these purposes; and
(7) to do any lawful acts necessary, useful, HISTORICAL AND REVISION NOTES
suitable, desirable, and proper for the further-
Revised
ance and accomplishment of any of these pur- Section Source (U.S. Code) Source (Statutes at Large)
poses.
152504(a) ..... 36:467. Aug. 13, 1953, ch. 429, §§ 7–9,
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1415.) 67 Stat. 571.
152504(b) ..... 36:468.
152504(c) ..... 36:469.
HISTORICAL AND REVISION NOTES

Revised In subsection (a), the text of 36:467(a) is omitted as


Section Source (U.S. Code) Source (Statutes at Large) obsolete. In paragraph (1), the word ‘‘funds’’ is sub-
stituted for ‘‘finance’’ for consistency in the revised
152502 ......... 36:463. Aug. 13, 1953, ch. 429, § 3, 67
Stat. 569. title.

Before clause (1), the word ‘‘object’’ is omitted as in-


§ 152505. Powers
cluded in ‘‘purposes’’. The corporation may—
In clause (2), the words ‘‘distribute’’ and ‘‘data’’ (the (1) adopt and amend a constitution and by-
first time appearing) are omitted as unnecessary.
laws for the management of its property and
§ 152503. Membership the regulation of its affairs;
(2) adopt and alter a corporate seal;
(a) ELIGIBILITY.—Except as provided in this (3) adopt and alter seals, emblems, and
chapter, eligibility for membership in the cor- badges;
poration and the rights and privileges of mem- (4) choose directors, officers, trustees, man-
bers are as provided in the constitution and by- agers, employees, and agents as the activities
laws of the corporation. of the corporation require;
(b) VOTING.—Each member (except an honor- (5) make contracts;
ary or sustaining member) has one vote on each (6) acquire, own, lease, encumber, and trans-
matter submitted to a vote at a meeting of the fer property as necessary to carry out the pur-
members. The corporation may provide in its poses of the corporation;
constitution and bylaws for additional voting (7) borrow money, issue instruments of in-
rights based on dues paid. debtedness, and secure its obligations by
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1415.) granting security interests in its property;
(8) publish a magazine and other publica-
HISTORICAL AND REVISION NOTES tions consistent with the purposes of the cor-
poration;
Revised
Section Source (U.S. Code) Source (Statutes at Large) (9) charge and collect membership dues and
subscription fees;
152503 ......... 36:466. Aug. 13, 1953, ch. 429, § 6, 67 (10) receive contributions or grants of money
Stat. 571.
or property to be devoted to carrying out the
§ 152504. Governing body purposes of the corporation;
(11) use corporate funds to give prizes,
(a) BOARD OF DIRECTORS.—(1) The board of di- awards, or other evidences of merit or recogni-
rectors is the governing body of the corporation. tion to individuals, corporations, and other or-
Between meetings of the corporation, the board ganizations, public or private, for outstanding
Page 203 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 152507
AND ORGANIZATIONS

contributions toward the achievement of the § 152506. Exclusive right to name, seals, emblems,
purposes of the corporation; and badges
(12) organize, establish, and conduct con- The corporation and its subordinate divisions
ferences on safety and accident prevention; and regional, State, and local chapters have the
(13) establish and maintain offices to con- exclusive right to use the name ‘‘National Safe-
duct its activities, charter local, State, and re- ty Council’’. The corporation has the exclusive
gional safety organizations, and establish, reg- right to use and to allow others to use seals, em-
ulate, and discontinue departmental subdivi- blems, and badges the corporation adopts. This
sions and local, State, and regional chapters section does not affect any vested rights.
in appropriate places throughout the United
States and its territories and possessions; (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1417.)
(14) sue and be sued; and HISTORICAL AND REVISION NOTES
(15) do any other act necessary and proper to
Revised
carry out the purposes of the corporation. Section Source (U.S. Code) Source (Statutes at Large)

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1416.) 152506 ......... 36:477. Aug. 13, 1953, ch. 429, § 17, 67
Stat. 574.
HISTORICAL AND REVISION NOTES
The words ‘‘and such emblems, seals, and badges as
Revised Source (U.S. Code) Source (Statutes at Large) have heretofore been used by the Illinois corporation
Section
referred to in section 478 of this title in carrying out its
152505 ......... 36:464. Aug. 13, 1953, ch. 429, §§ 4, 18, program’’ are omitted as unnecessary. The words ‘‘This
67 Stat. 570, 574. section does not affect any vested rights’’ are sub-
36:478. stituted for ‘‘it being distinctly understood, however,
that nothing in this chapter shall interfere or conflict
In this section, the text of 36:478 is omitted as exe- with established or vested rights’’ to eliminate unnec-
cuted and obsolete. essary words.
In clause (1), the word ‘‘alter’’ is omitted as unneces-
sary. The words ‘‘not inconsistent with the laws of the § 152507. Restrictions
United States or any State in which the corporation is
to operate’’ are omitted as unnecessary.
(a) STOCK AND DIVIDENDS.—The corporation
In clause (2), the word ‘‘use’’ is omitted as unneces-
may not issue stock or declare or pay a divi-
sary. dend.
In clause (3), the words ‘‘use, and display’’ and ‘‘as it (b) POLITICAL ACTIVITIES.—The corporation or
may adopt’’ are omitted as unnecessary. a director, officer, or agent as such may not con-
In clauses (4) and (13), the word ‘‘activities’’ is sub- tribute to, support, or assist a political party or
stituted for ‘‘business’’ for consistency in the revised candidate for public office.
title. (c) DISTRIBUTION OF INCOME OR ASSETS.—The
Clause (6) is substituted for ‘‘take and hold by lease, income or assets of the corporation may not
gift, purchase, grant, devise, or bequest any property, inure to the benefit of, or be distributed to, a di-
real or personal, necessary for attaining the objects rector, officer, or member except on dissolution
and carrying into effect the purposes of the corpora- or final liquidation of the corporation. This sub-
tion’’ and ‘‘transfer, encumber, and convey real or per- section does not prevent the payment of com-
sonal property’’ for consistency in the revised title and
pensation to an officer in an amount approved
to eliminate unnecessary words. The words ‘‘subject to
applicable provisions of law in any State (a) governing by the board of directors.
the amount or kind of real and personal property which (d) LOANS.—The corporation may not make a
may be held by, or (b) otherwise limiting or controlling loan to a director, officer, or employee. Direc-
the ownership of real or personal property by a cor- tors who vote for or assent to making a loan to
poration operating in such State’’ are omitted as un- a director, officer, or employee, and officers who
necessary. participate in making the loan, are jointly and
In clause (7), the words ‘‘for the purposes of the cor- severally liable to the corporation for the
poration’’ are omitted as unnecessary. The words amount of the loan until it is repaid.
‘‘issue instruments of indebtedness, and secure its obli-
gations by granting security interests in its property’’ (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1417.)
are substituted for ‘‘issue bonds therefor, and secure
the same by mortgage’’ for consistency in the revised HISTORICAL AND REVISION NOTES
title. The words ‘‘subject to all applicable provisions of Revised
Federal or State law’’ are omitted as unnecessary. Section Source (U.S. Code) Source (Statutes at Large)
In clause (8), the words ‘‘and materials, whether peri-
152507(a) ..... 36:473. Aug. 13, 1953, ch. 429, §§ 10,
odic or occasional’’ are omitted as unnecessary. 11, 13, 67 Stat. 572, 573.
In clause (11), the word ‘‘individuals’’ is substituted 152507(b) ..... 36:471.
for ‘‘persons’’ for consistency in the revised title. The 152507(c) ..... 36:470(a).
152507(d) ..... 36:470(b).
word ‘‘associations’’ is omitted as included in ‘‘organi-
zations’’. In subsection (a), the words ‘‘any shares of’’ are omit-
In clause (14), the words ‘‘complain, and defend in any ted as unnecessary.
court of competent jurisdiction’’ are omitted as unnec- In subsection (b), the word ‘‘public’’ is added for con-
essary. sistency in the revised title.
In clause (15), the words ‘‘and, for such purpose, the In subsection (c), the words ‘‘inure to the benefit of’’
corporation shall also have, in addition to the fore- are substituted for ‘‘inure to’’ for consistency in the re-
going in this section and subsection, the rights, powers, vised title. The words ‘‘as provided in section 476 of this
duties, and liabilities of the existing corporation re- title’’ are omitted as unnecessary. The words ‘‘This
ferred to in section 478 of this title as far as they are subsection does not prevent’’ are substituted for ‘‘Noth-
not modified or superseded by this chapter’’ are omit- ing in this subsection, however, shall be construed to
ted as unnecessary. prevent’’ to eliminate unnecessary words. The words
§ 152508 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 204
AND ORGANIZATIONS

‘‘board of directors’’ are substituted for ‘‘executive the words ‘‘is notice to or service on’’ are substituted
committee’’ because the source provisions for this for ‘‘shall be deemed notice or service upon’’, for con-
chapter do not mention an executive committee and, sistency in the revised title.
under section 152504 of this title, the governing body of
the corporation is the board of directors. § 152511. Liability for acts of officers and agents

§ 152508. Principal office The corporation is liable for the acts of its of-
ficers and agents acting within the scope of
The principal office of the corporation shall be their authority.
in Chicago, Illinois, or another place decided by
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1418.)
the board of directors. However, the activities of
the corporation are not confined to the place HISTORICAL AND REVISION NOTES
where the principal office is located but may be
Revised
conducted throughout the States, territories, Section Source (U.S. Code) Source (Statutes at Large)
and possessions of the United States.
152511 ......... 36:472. Aug. 13, 1953, ch. 429, § 12, 67
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1417.) Stat. 573.

HISTORICAL AND REVISION NOTES § 152512. Distribution of assets on dissolution or


Revised final liquidation
Section Source (U.S. Code) Source (Statutes at Large)
On dissolution or final liquidation of the cor-
152508 ......... 36:465(a). Aug. 13, 1953, ch. 429, § 5(a), poration, any assets remaining after the dis-
67 Stat. 570.
charge of all liabilities shall be distributed as
The word ‘‘various’’ is omitted as unnecessary. provided by the board of directors, but in com-
pliance with the constitution and bylaws of the
§ 152509. Records and inspection corporation.
(a) RECORDS.—The corporation shall keep— (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1418.)
(1) correct and complete records of account;
HISTORICAL AND REVISION NOTES
(2) minutes of the proceedings of its mem-
bers, board of directors, and committees hav- Revised
Source (U.S. Code) Source (Statutes at Large)
ing any of the authority of its board of direc- Section
tors; and 152512 ......... 36:476. Aug. 13, 1953, ch. 429, § 16, 67
(3) at its principal office, a record of the Stat. 573.
names and addresses of its members entitled
to vote. The words ‘‘dissolution or final liquidation’’ are sub-
stituted [for] ‘‘final dissolution or liquidation’’ for con-
(b) INSPECTION.—A member entitled to vote, or sistency in the revised title. The word ‘‘satisfaction’’ is
an agent or attorney of the member, may in- omitted as included in ‘‘discharge’’, and the word ‘‘obli-
spect the records of the corporation for any gations’’ is omitted as included in ‘‘liabilities’’. The
proper purpose, at any reasonable time. word ‘‘outstanding’’ is omitted as unnecessary. The
words ‘‘as provided by’’ are substituted for ‘‘in accord-
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1417.) ance with the determination of’’ to eliminate unneces-
sary words. The words ‘‘all Federal and State laws ap-
HISTORICAL AND REVISION NOTES plicable thereto’’ are omitted as unnecessary.
Revised CHAPTER 1526—HELP AMERICA VOTE
Section Source (U.S. Code) Source (Statutes at Large)
FOUNDATION
152509 ......... 36:474. Aug. 13, 1953, ch. 429, § 14, 67
Stat. 573. Sec.
152601. Organization.
In this section, the word ‘‘records’’ is substituted for 152602. Purposes.
‘‘books and records’’ for consistency in the revised title 152603. Board of directors.
and with other titles of the United States Code. 152604. Officers and employees.
152605. Powers.
§ 152510. Service of process 152606. Principal office.
152607. Service of process.
The corporation shall have a designated agent 152608. Annual audit.
in the District of Columbia to receive service of 152609. Civil action by Attorney General for equi-
process for the corporation. Notice to or service table relief.
on the agent, or mailed to the business address 152610. Immunity of United States Government.
of the agent, is notice to or service on the cor- 152611. Authorization of appropriations.
poration. 152612. Annual report.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1417.) § 152601. Organization
HISTORICAL AND REVISION NOTES (a) FEDERAL CHARTER.—The Help America
Vote Foundation (in this chapter, the ‘‘founda-
Revised Source (U.S. Code) Source (Statutes at Large) tion’’) is a federally chartered corporation.
Section
(b) NATURE OF FOUNDATION.—The foundation is
152510 ......... 36:465(b). Aug. 13, 1953, ch. 429, § 5(b), a charitable and nonprofit corporation and is
67 Stat. 571.
not an agency or establishment of the United
The word ‘‘have’’ is substituted for ‘‘maintain’’ for States Government.
consistency in the revised title. The words ‘‘at all (c) PERPETUAL EXISTENCE.—Except as other-
times’’ are omitted as unnecessary. The words ‘‘to re- wise provided, the foundation has perpetual ex-
ceive’’ are substituted for ‘‘authorized to accept’’, and istence.
Page 205 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 152604
AND ORGANIZATIONS

(Added Pub. L. 107–252, title VI, § 601(a), Oct. 29, (2) In addition to the directors described in
2002, 116 Stat. 1718.) paragraph (1), the chair and ranking minority
member of the Committee on House Administra-
§ 152602. Purposes tion of the House of Representatives (or their
(a) IN GENERAL.—The purposes of the founda- designees) and the chair and ranking minority
tion are to— member of the Committee on Rules and Admin-
(1) mobilize secondary school students (in- istration of the Senate (or their designees) shall
cluding students educated in the home) in the each serve as an ex officio nonvoting member of
United States to participate in the election the board.
process in a nonpartisan manner as poll work- (3) A director is not an employee of the Fed-
ers or assistants (to the extent permitted eral Government and appointment to the board
under applicable State law); does not constitute appointment as an officer or
(2) place secondary school students (includ- employee of the United States Government for
ing students educated in the home) as non- the purpose of any law of the United States (ex-
partisan poll workers or assistants to local cept as may otherwise be provided in this chap-
election officials in precinct polling places ter).
across the United States (to the extent per- (4) The terms of office of the directors are 4
mitted under applicable State law); and years.
(3) establish cooperative efforts with State (5) A vacancy on the board shall be filled in
and local election officials, local educational the manner in which the original appointment
agencies, superintendents and principals of was made.
public and private secondary schools, and (c) CHAIR.—The directors shall select one of
other appropriate nonprofit charitable and the directors as the chair of the board. The indi-
educational organizations exempt from tax- vidual selected may not be a current or former
ation under section 501(a) of the Internal Rev- holder of any partisan elected office or a current
enue Code of 1986 as an organization described or former officer of any national committee of a
in section 501(c)(3) of such Code to further the political party.
purposes of the foundation. (d) QUORUM.—The number of directors con-
(b) REQUIRING ACTIVITIES TO BE CARRIED OUT stituting a quorum of the board shall be estab-
ON NONPARTISAN BASIS.—The foundation shall lished under the bylaws of the foundation.
carry out its purposes without partisan bias or (e) MEETINGS.—The board shall meet at the
without promoting any particular point of view call of the chair of the board for regularly sched-
regarding any issue, and shall ensure that each uled meetings, except that the board shall meet
participant in its activities is governed in a bal- not less often than annually.
anced manner which does not reflect any par- (f) REIMBURSEMENT OF EXPENSES.—Directors
tisan bias. shall serve without compensation but may re-
(c) CONSULTATION WITH STATE ELECTION OFFI- ceive travel expenses, including per diem in lieu
CIALS.—The foundation shall carry out its pur- of subsistence, in accordance with sections 5702
poses under this section in consultation with the and 5703 of title 5.
chief election officials of the States, the District (g) LIABILITY OF DIRECTORS.—Directors are not
of Columbia, the Commonwealth of Puerto Rico, personally liable, except for gross negligence.
Guam, American Samoa, and the United States (Added Pub. L. 107–252, title VI, § 601(a), Oct. 29,
Virgin Islands. 2002, 116 Stat. 1718.)
(Added Pub. L. 107–252, title VI, § 601(a), Oct. 29, REFERENCES IN TEXT
2002, 116 Stat. 1718.)
The date of the enactment of this chapter, referred to
REFERENCES IN TEXT in subsec. (b), is the date of enactment of Pub. L.
Section 501 of the Internal Revenue Code of 1986, re- 107–252, which was approved Oct. 29, 2002.
ferred to in subsec. (a)(3), is classified to section 501 of
Title 26, Internal Revenue Code. § 152604. Officers and employees

§ 152603. Board of directors (a) APPOINTMENT OF OFFICERS AND EMPLOY-


EES.—The board of directors appoints, removes,
(a) GENERAL.—The board of directors is the and replaces officers and employees of the foun-
governing body of the foundation. dation.
(b) MEMBERS AND APPOINTMENT.—(1) The board (b) STATUS AND COMPENSATION OF EMPLOY-
consists of 12 directors, who shall be appointed EES.—
not later than 60 days after the date of the en- (1) IN GENERAL.—Officers and employees of
actment of this chapter as follows: the foundation—
(A) Four directors (of whom not more than (A) are not employees of the Federal Gov-
two may be members of the same political ernment (except as may otherwise be pro-
party) shall be appointed by the President. vided in this chapter);
(B) Two directors shall be appointed by the (B) shall be appointed and removed with-
Speaker of the House of Representatives. out regard to the provisions of title 5 gov-
(C) Two directors shall be appointed by the erning appointments in the competitive
Minority Leader of the House of Representa- service; and
tives. (C) may be paid without regard to chapter
(D) Two directors shall be appointed by the
51 and subchapter III of chapter 53 of title 5.
Majority Leader of the Senate.
(E) Two directors shall be appointed by the (2) AVAILABILITY OF FEDERAL EMPLOYEE
Minority Leader of the Senate. RATES FOR TRAVEL.—For purposes of any
§ 152605 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 206
AND ORGANIZATIONS

schedules of rates negotiated by the Adminis- § 152606. Principal office


trator of General Services for the use of em-
ployees of the Federal Government who travel The principal office of the foundation shall be
on official business, officers and employees of in the District of Columbia unless the board of
the foundation who travel while engaged in directors determines otherwise. However, the
the performance of their duties under this foundation may conduct business throughout
chapter shall be deemed to be employees of the the States, territories, and possessions of the
Federal Government. United States.

(Added Pub. L. 107–252, title VI, § 601(a), Oct. 29, (Added Pub. L. 107–252, title VI, § 601(a), Oct. 29,
2002, 116 Stat. 1719.) 2002, 116 Stat. 1720.)

REFERENCES IN TEXT § 152607. Service of process


The provisions of title 5 governing appointments in The foundation shall have a designated agent
the competitive service, referred to in subsec. (b)(1)(B), to receive service of process for the foundation.
are classified generally to section 3301 et seq. of Title Notice to or service on the agent, or mailed to
5, Government Organization and Employees. the business address of the agent, is notice to or
§ 152605. Powers service on the foundation.
(Added Pub. L. 107–252, title VI, § 601(a), Oct. 29,
(a) IN GENERAL.—The foundation may—
2002, 116 Stat. 1721.)
(1) adopt a constitution and bylaws;
(2) adopt a seal which shall be judicially no- § 152608. Annual audit
ticed; and
(3) do any other act necessary to carry out The foundation shall enter into a contract
this chapter. with an independent auditor to conduct an an-
nual audit of the foundation.
(b) POWERS AS TRUSTEE.—To carry out its pur-
poses, the foundation has the usual powers of a (Added Pub. L. 107–252, title VI, § 601(a), Oct. 29,
corporation acting as a trustee in the District of 2002, 116 Stat. 1721.)
Columbia, including the power— § 152609. Civil action by Attorney General for
(1) to accept, receive, solicit, hold, admin- equitable relief
ister, and use any gift, devise, or bequest, ei-
ther absolutely or in trust, of property or any The Attorney General may bring a civil action
income from or other interest in property; in the United States District Court for the Dis-
(2) to acquire property or an interest in trict of Columbia for appropriate equitable re-
property by purchase or exchange; lief if the foundation—
(3) unless otherwise required by an instru- (1) engages or threatens to engage in any
ment of transfer, to sell, donate, lease, invest, act, practice, or policy that is inconsistent
or otherwise dispose of any property or income with the purposes in section 152602 of this
from property; title; or
(4) to borrow money and issue instruments (2) refuses, fails, or neglects to carry out its
of indebtedness; obligations under this chapter or threatens to
(5) to make contracts and other arrange- do so.
ments with public agencies and private organi- (Added Pub. L. 107–252, title VI, § 601(a), Oct. 29,
zations and persons and to make payments 2002, 116 Stat. 1721.)
necessary to carry out its functions;
(6) to sue and be sued; and § 152610. Immunity of United States Government
(7) to do any other act necessary and proper
to carry out the purposes of the foundation. The United States Government is not liable
for any debts, defaults, acts, or omissions of the
(c) ENCUMBERED OR RESTRICTED GIFTS.—A gift, foundation. The full faith and credit of the Gov-
devise, or bequest may be accepted by the foun- ernment does not extend to any obligation of
dation even though it is encumbered, restricted, the foundation.
or subject to beneficial interests of private per-
sons, if any current or future interest is for the (Added Pub. L. 107–252, title VI, § 601(a), Oct. 29,
benefit of the foundation. 2002, 116 Stat. 1721.)
(d) CONTRACTS.—The foundation may enter § 152611. Authorization of appropriations
into such contracts with public and private enti-
ties as it considers appropriate to carry out its There are authorized to be appropriated to the
purposes. foundation for carrying out the purposes of this
(e) ANNUAL CONFERENCE IN WASHINGTON MET- chapter—
ROPOLITAN AREA.—During each year (beginning (1) $5,000,000 for fiscal year 2003; and
with 2003), the foundation may sponsor a con- (2) such sums as may be necessary for each
ference in the Washington, D.C. metropolitan succeeding fiscal year.
area to honor secondary school students and (Added Pub. L. 107–252, title VI, § 601(a), Oct. 29,
other individuals who have served (or plan to 2002, 116 Stat. 1721.)
serve) as poll workers and assistants and who
have otherwise participated in the programs and § 152612. Annual report
activities of the foundation.
As soon as practicable after the end of each
(Added Pub. L. 107–252, title VI, § 601(a), Oct. 29, fiscal year, the foundation shall submit a report
2002, 116 Stat. 1720.) to the Commission, the President, and Congress
Page 207 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 152706
AND ORGANIZATIONS

on the activities of the foundation during the activities and public safety in skiing, by such
prior fiscal year, including a complete state- means as the dissemination of information
ment of its receipts, expenditures, and invest- and the formation of volunteer local patrols
ments. Such report shall contain information consisting of competent skiers trained in first
gathered from participating secondary school aid for the purpose of preventing accidents and
students describing the nature of the work they rendering speedy assistance to individuals sus-
performed in assisting local election officials taining accidents; and
and the value they derived from the experience (2) to solicit contributions of money, serv-
of educating participants about the electoral ices, and other property for, and generally to
process. encourage and assist in carrying out these
(Added Pub. L. 107–252, title VI, § 601(a), Oct. 29, purposes in every way.
2002, 116 Stat. 1721.) (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1418.)
CHAPTER 1527—NATIONAL SKI PATROL HISTORICAL AND REVISION NOTES
SYSTEM, INCORPORATED
Revised Source (U.S. Code) Source (Statutes at Large)
Sec. Section
152701. Definition. 152703 ......... 36:1503. Dec. 2, 1980, Pub. L. 96–489,
152702. Organization. § 3, 94 Stat. 2553.
152703. Purposes.
152704. Membership. In clause (1), the words ‘‘in every way’’ are sub-
152705. Governing body. stituted for ‘‘in any and all ways’’ for consistency in
152706. Powers.
this section and to eliminate unnecessary words. The
152707. Restrictions.
152708. Duty to maintain tax-exempt status. words ‘‘by such means as’’ are substituted for ‘‘includ-
152709. Records and inspection. ing, without limiting the generality of the foregoing’’
152710. Service of process. to eliminate unnecessary words. The words ‘‘with re-
152711. Liability for acts of officers and agents. spect thereto’’ and ‘‘the administration of’’ are omitted
152712. Annual report. as unnecessary.

§ 152701. Definition
§ 152704. Membership
For purposes of this chapter, ‘‘State’’ includes
the District of Columbia and the territories and Except as provided in this chapter, eligibility
possessions of the United States. for membership in the corporation and the
rights and privileges of members are as provided
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1418.) in the bylaws.
HISTORICAL AND REVISION NOTES (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1418.)
Revised HISTORICAL AND REVISION NOTES
Section Source (U.S. Code) Source (Statutes at Large)

152701 ......... 36:1513. Dec. 2, 1980, Pub. L. 96–489, Revised


Section Source (U.S. Code) Source (Statutes at Large)
§ 14, 94 Stat. 2555.
152704 ......... 36:1505. Dec. 2, 1980, Pub. L. 96–489,
The words ‘‘the Commonwealth of Puerto Rico’’ are § 5, 94 Stat. 2553.
omitted as included in ‘‘the territories and possessions
of the United States’’.

§ 152702. Organization § 152705. Governing body

(a) FEDERAL CHARTER.—National Ski Patrol (a) BOARD OF DIRECTORS.—The board of direc-
System, Incorporated (in this chapter, the ‘‘cor- tors and the responsibilities of the board are as
poration’’), incorporated in New York and Colo- provided in the articles of incorporation.
rado, is a federally chartered corporation. (b) OFFICERS.—The officers and the election of
(b) EXPIRATION OF CHARTER.—If the corpora- officers are as provided in the articles of incor-
tion does not comply with any provision of this poration.
chapter, the charter granted by this chapter ex- (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1419.)
pires.
HISTORICAL AND REVISION NOTES
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1418.)
Revised Source (U.S. Code) Source (Statutes at Large)
HISTORICAL AND REVISION NOTES Section

Revised 152705(a) ..... 36:1506. Dec. 2, 1980, Pub. L. 96–489,


Section Source (U.S. Code) Source (Statutes at Large) §§ 6, 7, 94 Stat. 2553.
152705(b) ..... 36:1507.
152702(a) ..... 36:1501. Dec. 2, 1980, Pub. L. 96–489,
§§ 1, 15 (last sentence), 94 The words ‘‘and in conformity with the laws of the
Stat. 2553, 2555.
152702(b) ..... 36:1514 (last sen- State or States where incorporated’’ are omitted as un-
tence). necessary.

This section is substituted for the source provisions


for consistency in the revised title. § 152706. Powers
§ 152703. Purposes The corporation has only the powers provided
in its bylaws and articles of incorporation filed
The purposes of the corporation are—
in each State in which it is incorporated.
(1) to promote, in every way, patriotic, sci-
entific, educational, and civic improvement (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1419.)
§ 152707 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 208
AND ORGANIZATIONS

HISTORICAL AND REVISION NOTES spect the records of the corporation for any
proper purpose, at any reasonable time.
Revised
Section Source (U.S. Code) Source (Statutes at Large)
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1419.)
152706 ......... 36:1502. Dec. 2, 1980, Pub. L. 96–489,
§ 2, 94 Stat. 2553. HISTORICAL AND REVISION NOTES

Revised Source (U.S. Code) Source (Statutes at Large)


§ 152707. Restrictions Section

(a) STOCK AND DIVIDENDS.—The corporation 152709 ......... 36:1510. Dec. 2, 1980, Pub. L. 96–489,
§ 10, 94 Stat. 2554.
may not issue stock or declare or pay a divi-
dend. The word ‘‘records’’ is substituted for ‘‘books and
(b) POLITICAL ACTIVITIES.—The corporation or records’’ for consistency in the revised title and with
a director or officer as such may not contribute other titles of the United States Code. The words
to, support, or participate in any political activ- ‘‘However, nothing in this section shall be construed to
ity or in any manner attempt to influence legis- contravene any applicable State law’’ are omitted as
lation. unnecessary.
(c) DISTRIBUTION OF INCOME OR ASSETS.—The § 152710. Service of process
income or assets of the corporation may not
inure to the benefit of, or be distributed to, a di- The corporation shall comply with the law on
rector, officer, or member during the life of the service of process of each State in which it is in-
charter granted by this chapter. This subsection corporated and each State in which it carries on
does not prevent the payment of reasonable activities.
compensation to an officer or reimbursement for (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1419.)
actual necessary expenses in amounts approved
by the board of directors. HISTORICAL AND REVISION NOTES
(d) LOANS.—The corporation may not make a Revised
loan to a director, officer, or employee. Section Source (U.S. Code) Source (Statutes at Large)

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1419.) 152710 ......... 36:1504. Dec. 2, 1980, Pub. L. 96–489,
§ 4, 94 Stat. 2553.
HISTORICAL AND REVISION NOTES
The words ‘‘in furtherance of its corporate purposes’’
Revised are omitted as unnecessary.
Section Source (U.S. Code) Source (Statutes at Large)

152707(a) ..... 36:1508(d). Dec. 2, 1980, Pub. L. 96–489, § 152711. Liability for acts of officers and agents
§ 8, 94 Stat. 2554.
152707(b) ..... 36:1508(c). The corporation is liable for the acts of its of-
152707(c) ..... 36:1508(a). ficers and agents acting within the scope of
152707(d) ..... 36:1508(b).
their authority.
In subsection (a), the words ‘‘any shares of’’ are omit- (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1419.)
ted as unnecessary.
In subsection (c), the words ‘‘inure to the benefit of’’ HISTORICAL AND REVISION NOTES
are substituted for ‘‘inure to’’ for consistency in the re-
vised title. Revised Source (U.S. Code) Source (Statutes at Large)
Section
§ 152708. Duty to maintain tax-exempt status 152711 ......... 36:1509. Dec. 2, 1980, Pub. L. 96–489,
§ 9, 94 Stat. 2554.
The corporation shall maintain its status as
an organization exempt from taxation under the § 152712. Annual report
Internal Revenue Code of 1986 (26 U.S.C. 1 et
seq.). The corporation shall submit an annual report
to Congress on the activities of the corporation
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1419.)
during the prior calendar year. The report may
HISTORICAL AND REVISION NOTES not be printed as a public document.
Revised (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1420.)
Section Source (U.S. Code) Source (Statutes at Large)
HISTORICAL AND REVISION NOTES
152708 ......... 36:1514 (1st sen- Dec. 2, 1980, Pub. L. 96–489,
tence). § 15 (1st sentence), 94 Stat. Revised
2555. Section Source (U.S. Code) Source (Statutes at Large)

152712 ......... 36:1511. Dec. 2, 1980, Pub. L. 96–489,


§ 152709. Records and inspection § 12, 94 Stat. 2554.
(a) RECORDS.—The corporation shall keep—
TERMINATION OF REPORTING REQUIREMENTS
(1) correct and complete records of account;
(2) minutes of the proceedings of its mem- For termination, effective May 15, 2000, of reporting
bers, board of directors, and committees hav- provisions in this section, see section 3003 of Pub. L.
104–66, as amended, set out as a note under section 1113
ing any of the authority of its board of direc-
of Title 31, Money and Finance, and page 204 of House
tors; and Document No. 103–7.
(3) at its principal office, a record of the
names and addresses of its members entitled CHAPTER 1529—NATIONAL SOCIETY,
to vote. DAUGHTERS OF THE AMERICAN COLONISTS
(b) INSPECTION.—A member entitled to vote, or Sec.
an agent or attorney of the member, may in- 152901. Definition.
Page 209 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 152905
AND ORGANIZATIONS

Sec. (5) to engage in mutual improvement and


152902. Organization. educational activities;
152903. Purposes.
152904. Membership. (6) to establish scholarships to assist needy
152905. Governing body. and deserving students and to promote the im-
152906. Powers. provement of educational institutions;
152907. Exclusive right to name, seals, emblems, and (7) to engage in volunteer service and make
badges. contributions to veterans hospitals; and
152908. Restrictions. (8) to perform other charitable activities, in-
152909. Duty to maintain corporate and tax-exempt
status.
cluding the national presidents’ projects, as
152910. Records and inspection. may be provided in the articles of incorpora-
152911. Service of process. tion or bylaws of the corporation.
152912. Liability for acts of officers and agents.
152913. Annual report.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1420; Pub.
L. 105–354, § 1(10), Nov. 3, 1998, 112 Stat. 3244.)
§ 152901. Definition
HISTORICAL AND REVISION NOTES
For purposes of this chapter, ‘‘State’’ includes PUB. L. 105–225
the District of Columbia and the territories and
Revised
possessions of the United States. Section Source (U.S. Code) Source (Statutes at Large)

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1420.) 152903 ......... 36:2903. Oct. 30, 1984, Pub. L. 98–561,
§ 3, 98 Stat. 2910.
HISTORICAL AND REVISION NOTES
Before clause (1), the words ‘‘objects’’ and ‘‘for which
Revised
Section Source (U.S. Code) Source (Statutes at Large) the corporation is organized’’ are omitted as unneces-
sary.
152901 ......... 36:2914. Oct. 30, 1984, Pub. L. 98–561, Clauses (6)–(8) restate 36:2903(6) as 3 clauses for clar-
§ 15, 98 Stat. 2912.
ity.
The words ‘‘the Commonwealth of Puerto Rico’’ are PUB. L. 105–354
omitted as included in ‘‘the territories and possessions
This amends section 152903(8) of title 36 to correct an
of the United States’’.
inconsistency in the revised title.
§ 152902. Organization AMENDMENTS
(a) FEDERAL CHARTER.—National Society, 1998—Par. (8). Pub. L. 105–354 substituted ‘‘corpora-
Daughters of the American Colonists (in this tion’’ for ‘‘Corporation’’.
chapter, the ‘‘corporation’’), incorporated in the
District of Columbia, is a federally chartered § 152904. Membership
corporation. (a) ELIGIBILITY.—Except as provided in this
(b) EXPIRATION OF CHARTER.—If the corpora- chapter, eligibility for membership in the cor-
tion does not comply with any provision of this poration and the rights and privileges of mem-
chapter, the charter granted by this chapter ex- bers are as provided in the constitution and by-
pires. laws of the corporation.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1420.) (b) NONDISCRIMINATION.—The terms of mem-
bership may not discriminate on the basis of
HISTORICAL AND REVISION NOTES race, color, religion, or national origin.
Revised Source (U.S. Code) Source (Statutes at Large) (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1420.)
Section

152902(a) ..... 36:2901. Oct. 30, 1984, Pub. L. 98–561,


HISTORICAL AND REVISION NOTES
§§ 1, 16 (last sentence), 17,
98 Stat. 2910, 2913. Revised Source (U.S. Code) Source (Statutes at Large)
152902(b) ..... 36:2915 (last sen- Section
tence).
36:2916. 152904(a) ..... 36:2905 (words before Oct. 30, 1984, Pub. L. 98–561,
3d comma). §5 (words before 3d
comma, words after 3d
This section is substituted for the source provisions comma related to dis-
for consistency in the revised title and to eliminate un- crimination in member-
necessary and executed words. ship), 98 Stat. 2911.
152904(b) ..... 36:2905 (words after
3d comma related
§ 152903. Purposes to discrimination
in membership).
The purposes of the corporation are as pro-
vided in the articles of incorporation and in- § 152905. Governing body
clude a continuing commitment, on a national
basis— (a) BOARD OF DIRECTORS.—The board of direc-
(1) to conduct, record, and publish the re- tors and the responsibilities of the board are as
sults of research on the history and deeds of provided in the articles of incorporation or by-
the American colonists; laws.
(2) to publish the memoirs of American colo- (b) OFFICERS.—The officers and the election of
nists; officers are as provided in the articles of incor-
(3) to erect memorials to commemorate the poration or bylaws.
history and deeds of the American colonists; (c) NONDISCRIMINATION.—The requirements for
(4) to promote respect and admiration for holding office in the corporation may not dis-
the institutions, laws, and flag of the United criminate on the basis of race, color, religion, or
States; national origin.
§ 152906 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 210
AND ORGANIZATIONS

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1421.) (d) LOANS.—The corporation may not make a
loan to a director, officer, or employee.
HISTORICAL AND REVISION NOTES
(e) CLAIM OF GOVERNMENTAL APPROVAL OR AU-
Revised THORIZATION.—The corporation may not claim
Section Source (U.S. Code) Source (Statutes at Large)
congressional approval or the authority of the
152905(a) ..... 36:2906. Oct. 30, 1984, Pub. L. 98–561, United States Government for any of its activi-
§§ 5 (words after 3d comma ties.
related to discrimination
in holding office), 6, 7, 98 (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1421.)
Stat. 2911.
152905(b) ..... 36:2907.
152905(c) ..... 36:2905 (words after HISTORICAL AND REVISION NOTES
3d comma related
to discrimination Revised
in holding office). Section Source (U.S. Code) Source (Statutes at Large)

The words ‘‘in conformity with the laws of the State 152908(a) ..... 36:2908(d). Oct. 30, 1984, Pub. L. 98–561,
§ 8(a)–(e), 98 Stat. 2911.
or States in which it is incorporated’’ in 36:2906 and ‘‘in 152908(b) ..... 36:2908(c).
conformity with the laws of the State or States where- 152908(c) ..... 36:2908(a).
in it is incorporated’’ in 36:2907 are omitted as unneces- 152908(d) ..... 36:2908(b).
sary. 152908(e) ..... 36:2908(e).

§ 152906. Powers In subsection (a), the words ‘‘any shares of’’ are omit-
ted as unnecessary.
The corporation has only the powers provided In subsection (c), the words ‘‘inure to the benefit of’’
in its bylaws and articles of incorporation filed are substituted for ‘‘inure to’’ for consistency in the re-
in each State in which it is incorporated. vised title.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1421.) § 152909. Duty to maintain corporate and tax-ex-
HISTORICAL AND REVISION NOTES empt status

Revised
(a) CORPORATE STATUS.—The corporation shall
Section Source (U.S. Code) Source (Statutes at Large) maintain its status as a corporation incor-
porated under the laws of each State in which it
152906 ......... 36:2902. Oct. 30, 1984, Pub. L. 98–561,
§ 2, 98 Stat. 2910. is incorporated.
(b) TAX-EXEMPT STATUS.—The corporation
The words ‘‘and subject to the laws of such State or shall maintain its status as an organization ex-
States’’ are omitted as unnecessary. empt from taxation under the Internal Revenue
§ 152907. Exclusive right to name, seals, emblems, Code of 1986 (26 U.S.C. 1 et seq.).
and badges (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1421.)
The corporation has the exclusive right to use HISTORICAL AND REVISION NOTES
the name ‘‘National Society, Daughters of the
American Colonists’’ and seals, emblems, and Revised Source (U.S. Code) Source (Statutes at Large)
Section
badges the corporation adopts. This section does
not affect any vested rights. 152909(a) ..... 36:2908(f). Oct. 30, 1984, Pub. L. 98–561,
§§ 8(f), 16 (1st sentence), 98
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1421.) Stat. 2911, 2913.
152909(b) ..... 36:2915 (1st sen-
tence).
HISTORICAL AND REVISION NOTES

Revised Source (U.S. Code) Source (Statutes at Large) § 152910. Records and inspection
Section

152907 ......... 36:2909. Oct. 30, 1984, Pub. L. 98–561,


(a) RECORDS.—The corporation shall keep—
§ 9, 98 Stat. 2911. (1) correct and complete records of account;
(2) minutes of the proceedings of its mem-
The words ‘‘established or’’, ‘‘sole and’’, ‘‘to have bers, board of directors, and committees hav-
and’’, ‘‘in carrying out its purposes’’, and ‘‘or used’’ are ing any of the authority of its board of direc-
omitted as unnecessary.
tors; and
§ 152908. Restrictions (3) at its principal office, a record of the
names and addresses of its members entitled
(a) STOCK AND DIVIDENDS.—The corporation to vote.
may not issue stock or declare or pay a divi-
dend. (b) INSPECTION.—A member entitled to vote, or
(b) POLITICAL ACTIVITIES.—The corporation or an agent or attorney of the member, may in-
a director or officer as such may not contribute spect the records of the corporation for any
to, support, or participate in any political activ- proper purpose, at any reasonable time.
ity or in any manner attempt to influence legis- (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1421.)
lation.
(c) DISTRIBUTION OF INCOME OR ASSETS.—The HISTORICAL AND REVISION NOTES
income or assets of the corporation may not
inure to the benefit of, or be distributed to, a di- Revised Source (U.S. Code) Source (Statutes at Large)
Section
rector, officer, or member during the life of the
charter granted by this chapter. This subsection 152910 ......... 36:2911. Oct. 30, 1984, Pub. L. 98–561,
§ 11, 98 Stat. 2912.
does not prevent the payment of reasonable
compensation to an officer or reimbursement for The word ‘‘records’’ is substituted for ‘‘books and
actual necessary expenses in amounts approved records’’ for consistency in the revised title and with
by the board of directors. other titles of the United States Code. The words
Page 211 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 153103
AND ORGANIZATIONS

‘‘Nothing in this section shall be construed to con- poration’’) is a body corporate and politic in the
travene any applicable State law’’ are omitted as un- District of Columbia.
necessary.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1422.)
§ 152911. Service of process
HISTORICAL AND REVISION NOTES
The corporation shall comply with the law on
service of process of each State in which it is in- Revised
Source (U.S. Code) Source (Statutes at Large)
corporated and each State in which it carries on Section
activities. 153101 ......... 36:18 (words before Feb. 20, 1896, ch. 23, § 1
‘‘for patriotic’’). (words before ‘‘for patri-
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1422.) otic’’), 29 Stat. 8.

HISTORICAL AND REVISION NOTES


This section is substituted for the source provision
Revised for consistency in the revised title and to eliminate ex-
Source (U.S. Code) Source (Statutes at Large)
Section ecuted and unnecessary words.
152911 ......... 36:2904. Oct. 30, 1984, Pub. L. 98–561,
§ 4, 98 Stat. 2910.
§ 153102. Purposes
The words ‘‘in furtherance of its corporate purposes’’
are omitted as unnecessary. The purposes of the corporation are patriotic,
historical, and educational, and include—
§ 152912. Liability for acts of officers and agents (1) perpetuating the memory and spirit of
The corporation is liable for the acts of its of- the men and women who achieved American
ficers and agents acting within the scope of independence by—
their authority. (A) acquiring and protecting historical
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1422.) spots and erecting monuments;
(B) encouraging historical research in rela-
HISTORICAL AND REVISION NOTES tion to the Revolution and publishing its re-
Revised
sults;
Source (U.S. Code) Source (Statutes at Large)
Section (C) preserving documents and relics and
152912 ......... 36:2910. Oct. 30, 1984, Pub. L. 98–561, the records of the individual services of Rev-
§ 10, 98 Stat. 2911. olutionary soldiers and patriots; and
(D) promoting celebrations of all patriotic
§ 152913. Annual report anniversaries;
The corporation shall submit an annual report (2) carrying out the injunction of Washing-
to Congress on the activities of the corporation ton, in his farewell address to the American
during the prior fiscal year. The report shall be people, ‘‘to promote, as an object of primary
submitted at the same time as the report of the importance, institutions for the general diffu-
audit required by section 10101 of this title. The sion of knowledge,’’ thus developing an en-
report may not be printed as a public document. lightened public opinion and affording to
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1422.) young and old such advantages as shall de-
velop in them the largest capacity for per-
HISTORICAL AND REVISION NOTES
forming the duties of American citizens;
Revised Source (U.S. Code) Source (Statutes at Large) (3) cherishing, maintaining, and extending
Section
the institutions of American freedom;
152913 ......... 36:2912. Oct. 30, 1984, Pub. L. 98–561, (4) fostering true patriotism and love of
§ 13, 98 Stat. 2912.
country; and
TERMINATION OF REPORTING REQUIREMENTS (5) aiding in securing for mankind all the
For termination, effective May 15, 2000, of reporting blessings of liberty.
provisions in this section, see section 3003 of Pub. L. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1422.)
104–66, as amended, set out as a note under section 1113
of Title 31, Money and Finance, and page 204 of House HISTORICAL AND REVISION NOTES
Document No. 103–7.
Revised Source (U.S. Code) Source (Statutes at Large)
CHAPTER 1531—THE NATIONAL SOCIETY OF Section
THE DAUGHTERS OF THE AMERICAN REV- 153102 ......... 36:18 (words begin- Feb. 20, 1896, ch. 23, § 1
OLUTION ning with ‘‘for pa- (words beginning with
triotic’’). ‘‘for patriotic’’), 29 Stat.
Sec. 8.
153101. Organization.
153102. Purposes.
153103. Powers. § 153103. Powers
153104. Exclusive right to name, seals, emblems, and
badges. The corporation may—
153105. Principal office.
153106. Deposit of historical material in Smithsonian (1) adopt a constitution and bylaws;
Institution. (2) adopt a seal; and
153107. Annual report.
(3) acquire, own, lease, encumber, and trans-
§ 153101. Organization fer property as necessary or convenient to
carry out its purposes.
The National Society of the Daughters of the
American Revolution (in this chapter, the ‘‘cor- (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1423.)
§ 153104 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 212
AND ORGANIZATIONS

HISTORICAL AND REVISION NOTES HISTORICAL AND REVISION NOTES

Revised Revised
Section Source (U.S. Code) Source (Statutes at Large) Section Source (U.S. Code) Source (Statutes at Large)

153103 ......... 36:18a (1st sen- Feb. 20, 1896, ch. 23, § 2 (1st 153106 ......... 36:18b (last sen- Feb. 20, 1896, ch. 23, § 3 (last
tence). sentence), 29 Stat. 9; Mar. tence). sentence), 29 Stat. 9.
3, 1915, ch. 89, 38 Stat. 955;
Feb. 5, 1926, ch. 11, 44 Stat.
4; July 30, 1951, ch. 255, 65 The words ‘‘at their discretion’’ are omitted as un-
Stat. 130; Oct. 1, 1976, Pub. necessary.
L. 94–443, § 1, 90 Stat. 1475.
§ 153107. Annual report
In clause (1), the words ‘‘not inconsistent with law’’
are omitted as unnecessary. The corporation shall submit an annual report
Clause (3) is substituted for ‘‘acquire by purchase,
to the Secretary of the Smithsonian Institution
gift, devise, or bequest and to hold, convey, or other- on the activities of the corporation. The Sec-
wise dispose of such property, real or personal, as may retary shall communicate to Congress any part
be convenient or necessary for its lawful purposes’’ for of the report that the Secretary considers of na-
consistency in the revised title and to eliminate unnec- tional interest and importance.
essary words.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1423.)

§ 153104. Exclusive right to name, seals, emblems, HISTORICAL AND REVISION NOTES
and badges Revised
Section Source (U.S. Code) Source (Statutes at Large)
The corporation and its subordinate divisions
153107 ......... 36:18b (1st sen- Feb. 20, 1896, ch. 23, § 3 (1st
have the exclusive right to use the name ‘‘Na- tence). sentence), 29 Stat. 9.
tional Society of the Daughters of the American
Revolution’’. The corporation has the exclusive The words ‘‘submit an annual report’’ are substituted
right to use and to allow others to use seals, em- for ‘‘report annually’’ for consistency in the revised
blems, and badges the corporation adopts. title.
TERMINATION OF REPORTING REQUIREMENTS
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1423.)
For termination, effective May 15, 2000, of provisions
HISTORICAL AND REVISION NOTES of law requiring submittal to Congress of any annual,
semiannual, or other regular periodic report listed in
Revised
Section Source (U.S. Code) Source (Statutes at Large) House Document No. 103–7 (in which a report required
under this section is listed on page 192), see section 3003
153104 ......... 36:18c. Feb. 20, 1896, ch. 23, § 4, as of Pub. L. 104–66, as amended, set out as a note under
added Oct. 1, 1976, Pub. L. section 1113 of Title 31, Money and Finance.
94–443, § 2, 90 Stat. 1475.
CHAPTER 1533—NATIONAL SOCIETY OF THE
The word ‘‘sole’’ is omitted as included in ‘‘exclu- SONS OF THE AMERICAN REVOLUTION
sive’’. The words ‘‘the corporation adopts’’ are sub-
stituted for ‘‘as have heretofore been adopted or used Sec.
by the National Society of the Daughters of the Amer- 153301. Organization.
ican Revolution’’ for consistency in the revised title. 153302. Purposes.
153303. Powers.
153304. Trustees.
§ 153105. Principal office
§ 153301. Organization
The corporation shall have its headquarters or
principal office in the District of Columbia. National Society of the Sons of the American
Revolution (in this chapter, the ‘‘corporation’’)
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1423.) is a body corporate and politic in the District of
HISTORICAL AND REVISION NOTES Columbia.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1423.)
Revised Source (U.S. Code) Source (Statutes at Large)
Section
HISTORICAL AND REVISION NOTES
153105 ......... 36:18a (last sen- Feb. 20, 1896, ch. 23, § 2 (last
tence). sentence), 29 Stat. 9; Mar. Revised Source (U.S. Code) Source (Statutes at Large)
3, 1915, ch. 89, 38 Stat. 955; Section
Feb. 5, 1926, ch. 11, 44 Stat.
4; July 30, 1951, ch. 255, 65 153301 ......... 36:20a. June 9, 1906, ch. 3065, §§ 1, 5,
Stat. 130; Oct. 1, 1976, Pub. 6, 34 Stat. 227, 228.
L. 94–443, § 1, 90 Stat. 1475. 36:20e.
36:20f.

This section is substituted for 36:20a for consistency


§ 153106. Deposit of historical material in Smith- in the revised title and to eliminate unnecessary and
sonian Institution executed words. The text of 36:20e and 20f is omitted as
obsolete.
The Regents of the Smithsonian Institution
may permit the corporation to deposit its col- § 153302. Purposes
lections, manuscripts, books, pamphlets, and
other material for history in the Smithsonian The purposes of the corporation are patriotic,
Institution or in the National Museum, on con- historical, and educational, and include those
ditions and under rules they prescribe. intended or designed—
(1) to perpetuate the memory of the men
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1423.) who, by their services or sacrifices during the
Page 213 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 153501
AND ORGANIZATIONS

war of the American Revolution, achieved the the laws of the United States or any of the States
independence of the American people; thereof’’ are omitted as unnecessary.
(2) to unite and promote fellowship among Clause (2) is substituted for ‘‘to adopt a common seal,
and to alter the same at pleasure’’ for consistency in
their descendants; the revised title and to eliminate unnecessary words.
(3) to inspire them and the community at In clause (4), the word ‘‘regulations’’ is substituted
large with a more profound reverence for the for ‘‘rules’’ for consistency. The word ‘‘their’’ is sub-
principles of the government founded by our stituted for ‘‘its’’ for clarity.
forefathers; Clause (5) is substituted for ‘‘receive, purchase, hold,
(4) to encourage historical research in rela- sell, and convey real and personal estate, so far only as
tion to the American Revolution; may be necessary or convenient for its lawful pur-
(5) to acquire and preserve the records of the poses’’ for consistency in the revised title and to elimi-
nate unnecessary words.
individual services of the patriots of the war, In clause (6), the words ‘‘complain and defend in any
as well as documents, relics, and landmarks; court’’ are omitted as unnecessary.
(6) to mark the scenes of the American Rev-
olution by appropriate memorials; § 153304. Trustees
(7) to celebrate the anniversaries of the
The property and affairs of the corporation
prominent events of the war and of the Revo-
shall be managed by at least 40 trustees. The
lutionary period;
trustees shall be elected annually at the time
(8) to foster true patriotism;
provided in the bylaws. At least one trustee
(9) to maintain and extend the institutions
shall be elected annually from a list of nominees
of American freedom; and
(10) to carry out the purposes expressed in to be made by each of the State societies and
the preamble to the Constitution of our coun- submitted to the corporation at least 30 days be-
try and the injunctions of Washington in his fore the annual meeting, in accordance with pro-
farewell address to the American people. visions adopted by the corporation to regulate
nominations.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1424.)
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1424.)
HISTORICAL AND REVISION NOTES
HISTORICAL AND REVISION NOTES
Revised Source (U.S. Code) Source (Statutes at Large)
Section Revised
Section Source (U.S. Code) Source (Statutes at Large)
153302 ......... 36:20b. June 9, 1906, ch. 3065, § 2, 34
Stat. 227. 153304 ......... 36:20d. June 9, 1906, ch. 3065, § 4, 34
Stat. 228; Feb. 6, 1925, ch.
142, 43 Stat. 808.
Before clause (1), the words ‘‘objects’’ and ‘‘declared
to be’’ are omitted as unnecessary. The word ‘‘corporation’’ is substituted for ‘‘society’’
§ 153303. Powers for consistency.

The corporation may— CHAPTER 1535—NATIONAL TROPICAL


(1) adopt and amend a constitution, bylaws, BOTANICAL GARDEN
and regulations for the admission, govern- Sec.
ment, suspension, and expulsion of its mem- 153501. Organization.
bers; 153502. Purposes.
(2) adopt and alter a seal; 153503. Membership.
(3) provide for the election of its officers and 153504. Governing body.
153505. Powers.
define their duties; 153506. Exclusive right to name.
(4) provide for State societies or chapters 153507. Restrictions.
with regulations for their conduct, and regu- 153508. Principal office and location of activities and
late and provide for the management, safe- gardens.
keeping, and protection of their property and 153509. Records and inspection.
funds; 153510. Statement required in audit report.
153511. Service of process.
(5) acquire, own, lease, encumber, and trans- 153512. Liability for acts of officers and agents.
fer property as necessary or convenient to 153513. Distribution of assets on dissolution or final
carry out the purposes of the corporation; and liquidation.
(6) sue and be sued.
§ 153501. Organization
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1424.)
(a) FEDERAL CHARTER.—National Tropical Bo-
HISTORICAL AND REVISION NOTES tanical Garden (in this chapter, the ‘‘corpora-
Revised tion’’) is a federally chartered corporation.
Source (U.S. Code) Source (Statutes at Large)
Section (b) PERPETUAL EXISTENCE.—Except as other-
153303 ......... 36:20c. June 9, 1906, ch. 3065, § 3, 34 wise provided, the corporation has perpetual ex-
Stat. 228; Sept. 8, 1961, istence.
Pub. L. 87–214, 75 Stat. 489.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1425.)
In clause (1), the words ‘‘make and’’ and ‘‘rules’’ are
omitted as unnecessary. The word ‘‘amend’’ is sub- HISTORICAL AND REVISION NOTES
stituted for ‘‘and from time to time to alter and repeal
Revised Source (U.S. Code) Source (Statutes at Large)
such constitution, by-laws, rules, and regulations, and Section
to adopt others in their places’’ for consistency in the
revised title and to eliminate unnecessary words. The 153501 ......... 36:4601. Aug. 19, 1964, Pub. L. 88–449,
§ 1, 78 Stat. 496; Oct. 28,
words ‘‘Provided always, That such constitution, by- 1988, Pub. L. 100–539, § 1,
laws, rules, and regulations be not inconsistent with 102 Stat. 2718.
§ 153502 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 214
AND ORGANIZATIONS

HISTORICAL AND REVISION NOTES—Continued tion. The duties and powers of the board are as
provided in the bylaws.
Revised
Section Source (U.S. Code) Source (Statutes at Large) (2) The manner of selection and term of office
of the trustees are as provided in the bylaws.
36:4602. Aug. 19, 1964, Pub. L. 88–449,
§ 2, 78 Stat. 496. (b) OFFICERS.—(1) The officers of the corpora-
tion are a president, one or more vice presi-
This section is substituted for the source provisions dents, a secretary, a treasurer, and other offi-
for consistency in the revised title and to eliminate un- cers as provided in the bylaws.
necessary and executed words. (2) The manner of election, term of office, and
§ 153502. Purposes duties of the officers are as provided in the by-
laws.
The purposes of the corporation are—
(1) to establish, develop, operate, and main- (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1425.)
tain for the benefit of the people of the United HISTORICAL AND REVISION NOTES
States an educational and scientific center in
the form of one or more tropical botanical gar- Revised Source (U.S. Code) Source (Statutes at Large)
Section
dens, together with facilities such as libraries,
herbaria, laboratories, and museums that are 153504(a) ..... 36:4605. Aug. 19, 1964, Pub. L. 88–449,
§ 5, 78 Stat. 497; Sept. 29,
appropriate and necessary for encouraging and 1972, Pub. L. 92–447, 86
conducting research in basic and applied tropi- Stat. 746.
153504(b) ..... 36:4606. Aug. 19, 1964, Pub. L. 88–449,
cal botany; § 6, 78 Stat. 497.
(2) to foster and encourage fundamental re-
search about tropical plant life and to encour- In subsection (a), the text of 36:4605(a) is omitted as
age research and study of the uses of tropical obsolete. The words ‘‘Except for the foregoing provi-
flora in agriculture, forestry, horticulture, sion’’ in 36:4605(b) and ‘‘responsibilities’’ in 36:4605(c)
are omitted as unnecessary.
medicine, and other sciences;
In subsection (b), the words ‘‘as provided’’ are sub-
(3) to disseminate through publications and stituted for ‘‘as may be authorized’’ and ‘‘as may be
other media the knowledge about basic and prescribed’’ for consistency in the revised title.
applied tropical botany acquired at the gar-
dens; § 153505. Powers
(4) to collect and cultivate tropical flora of
The corporation may—
every nature and origin and to preserve for the (1) adopt and amend bylaws for the manage-
people of the United States species of tropical ment of its property and the regulation of its
plant life threatened with extinction; and affairs;
(5) to provide a beneficial facility that will
(2) adopt and alter a corporate seal;
contribute to the education, instruction, and (3) choose officers, trustees, managers, em-
recreation of the people of the United States. ployees, and agents as the activities of the
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1425.) corporation require;
(4) make contracts;
HISTORICAL AND REVISION NOTES
(5) acquire, own, lease, encumber, and trans-
Revised fer property as necessary or proper to carry
Section Source (U.S. Code) Source (Statutes at Large)
out the purposes of the corporation;
153502 ......... 36:4603. Aug. 19, 1964, Pub. L. 88–449, (6) borrow money, issue instruments of in-
§ 3, 78 Stat. 496. debtedness, and secure its obligations by
granting security interests in its property;
Before clause (1), the words ‘‘objects’’ is omitted as (7) sue and be sued; and
unnecessary.
(8) do any other act necessary and proper to
§ 153503. Membership carry out the purposes of the corporation.
(a) ELIGIBILITY.—Except as provided in this (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1426.)
chapter, eligibility for membership in the cor- HISTORICAL AND REVISION NOTES
poration and the rights and privileges of mem-
bers are as provided in the constitution and by- Revised Source (U.S. Code) Source (Statutes at Large)
Section
laws of the corporation.
(b) VOTING.—Each member (except an honor- 153505 ......... 36:4604. Aug. 19, 1964, Pub. L. 88–449,
ary or associate member) has one vote on each § 4, 78 Stat. 497.
matter submitted to a vote at a meeting of the In clause (1), the word ‘‘alter’’ is omitted as unneces-
members. sary. The words ‘‘not inconsistent with the laws of the
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1425.) United States of America or of any State in which the
corporation is to operate’’ are omitted as unnecessary.
HISTORICAL AND REVISION NOTES In clause (2), the word ‘‘use’’ is omitted as unneces-
sary.
Revised Clause (5) is substituted for ‘‘take and hold by lease,
Section Source (U.S. Code) Source (Statutes at Large)
gift, purchase, grant, devise, or bequest, or by any
153503 ......... 36:4608. Aug. 19, 1964, Pub. L. 88–449, other method, any property, real, personal, or mixed,
§ 8, 78 Stat. 498. necessary or proper for attaining the objects and carry-
ing into effect the purposes of the corporation’’ and
§ 153504. Governing body ‘‘transfer, convey, lease, sublease, mortgage, encumber,
and otherwise alienate real, personal, or mixed prop-
(a) BOARD OF TRUSTEES.—(1) The board of erty’’ for consistency in the revised title and to elimi-
trustees is the governing body of the corpora- nate unnecessary words. The words ‘‘subject, however,
Page 215 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 153509
AND ORGANIZATIONS

to applicable provisions of law of any State or the Dis- HISTORICAL AND REVISION NOTES—Continued
trict of Columbia (1) governing the amount or kind of
such property which may be held by, or (2) otherwise Revised
Section Source (U.S. Code) Source (Statutes at Large)
limiting or controlling the ownership or any such prop-
erty by a corporation operating in such State or the 153507(d) ..... 36:4613(b).
District of Columbia’’ are omitted as unnecessary.
In clause (6), the words ‘‘for the purposes of the cor- In subsection (a), the words ‘‘shares of’’ are omitted
poration’’ are omitted as unnecessary. The words as unnecessary.
‘‘issue instruments of indebtedness, and secure its obli- In subsection (c), the words ‘‘inure to the benefit of’’
gations by granting security interests in its property’’ are substituted for ‘‘inure to’’ for consistency in the re-
are substituted for ‘‘issue bonds or other evidences of vised title.
indebtedness therefor, and secure the same by mort-
gage, deed of trust, pledge, or otherwise’’ for consist- § 153508. Principal office and location of activi-
ency in the revised title. The words ‘‘subject in every ties and gardens
case to all applicable provisions of the Federal and
State laws or to the laws of the District of Columbia’’ (a) PRINCIPAL OFFICE.—The principal office of
are omitted as unnecessary. the corporation shall be in the District of Co-
In clause (7), the words ‘‘complain and defend in any lumbia or another place decided by the board of
court of competent jurisdiction’’ are omitted as unnec- trustees.
essary. (b) LOCATION OF ACTIVITIES AND GARDENS.—
In clause (8), the words ‘‘any other act’’ are sub- The activities of the corporation may be con-
stituted for ‘‘any and all acts and things’’ to eliminate ducted anywhere. However, the corporation may
unnecessary words. The words ‘‘objects and’’ are omit-
ted as unnecessary.
establish tropical botanical gardens only in the
United States and its territories and posses-
§ 153506. Exclusive right to name sions.
The corporation has the exclusive right to use (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1426.)
and to allow others to use the name ‘‘National HISTORICAL AND REVISION NOTES
Tropical Botanical Garden’’.
Revised
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1426.) Section Source (U.S. Code) Source (Statutes at Large)

HISTORICAL AND REVISION NOTES 153508 ......... 36:4607(a). Aug. 19, 1964, Pub. L. 88–449,
§ 7(a), 78 Stat. 498; Oct. 28,
Revised 1988, Pub. L. 100–539, § 2,
Section Source (U.S. Code) Source (Statutes at Large) 102 Stat. 2718.

153506 ......... 36:4616. Aug. 19, 1964, Pub. L. 88–449, Subsection (a) is substituted for ‘‘The corporation
§ 16, 78 Stat. 499; Oct. 28,
1988, Pub. L. 100–539, § 1, initially shall have its principal office in the District of
102 Stat. 2718. Columbia and later at such place as may be determined
by the board of trustees’’ for consistency in the revised
§ 153507. Restrictions title.
Subsection (b) is substituted for ‘‘The corporation
(a) STOCK AND DIVIDENDS.—The corporation shall have the right to conduct its activities in the
may not issue stock or declare or pay a divi- United States and elsewhere but shall establish a tropi-
dend. cal botanical garden or gardens only in the United
States. For purposes of this subsection, the term
(b) POLITICAL ACTIVITIES.—The corporation or ‘United States’ includes any commonwealth, territory,
a trustee or officer as such may not contribute or possession of the United States’’ to eliminate unnec-
to, support, or assist a political party or can- essary words.
didate for elective public office.
(c) DISTRIBUTION OF INCOME OR ASSETS.—The § 153509. Records and inspection
income or assets of the corporation may not (a) RECORDS.—The corporation shall keep—
inure to the benefit of, or be distributed to, a (1) correct and complete records of account;
trustee, officer, or member during the life of the (2) minutes of the proceedings of its board of
corporation or on its dissolution or final liquida- trustees and committees having any of the au-
tion. This subsection does not prevent the pay- thority of its board of trustees; and
ment of reasonable compensation to an officer (3) at its principal office, a record of the
or reimbursement for actual necessary expenses names and addresses of its members entitled
in amounts approved by the board of trustees. to vote.
(d) LOANS.—The corporation may not make a
loan to a trustee, officer, or employee. Trustees (b) INSPECTION.—A member entitled to vote, or
who vote for or assent to making a loan to a an agent or attorney of the member, may in-
trustee, officer, or employee, and officers who spect the records of the corporation for any
participate in making the loan, are jointly and proper purpose, at any reasonable time.
severally liable to the corporation for the (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1426.)
amount of the loan until it is repaid.
HISTORICAL AND REVISION NOTES
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1426.)
Revised Source (U.S. Code) Source (Statutes at Large)
HISTORICAL AND REVISION NOTES Section

Revised 153509 ......... 36:4611. Aug. 19, 1964, Pub. L. 88–449,


Section Source (U.S. Code) Source (Statutes at Large) § 11, 78 Stat. 499.

153507(a) ..... 36:4612. Aug. 19, 1964, Pub. L. 88–449, The word ‘‘records’’ is substituted for ‘‘books and
§§ 12, 13, 15, 78 Stat. 499.
153507(b) ..... 36:4615. records’’ for consistency in the revised title and with
153507(c) ..... 36:4613(a). other titles of the United States Code.
§ 153510 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 216
AND ORGANIZATIONS

§ 153510. Statement required in audit report under the Act of August 25, 1916 (16 U.S.C. 1 et
seq.) (known as the National Park Service Or-
The corporation shall include in the audit re-
ganic Act); or
port statement required under section
(2) a State or local government to be used
10101(b)(1)(B) of this title a schedule of all con-
for a public purpose.
tracts requiring payments greater than $10,000
and all payments of compensation or fees at a (b) RESTRICTION.—A distribution under sub-
rate of greater than $10,000 a year. section (a) of this section shall be consistent
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1427.) with the purposes of the corporation and in com-
pliance with the charter and bylaws.
HISTORICAL AND REVISION NOTES
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1427; Pub.
Revised L. 109–284, § 5(10), Sept. 27, 2006, 120 Stat. 1212.)
Section Source (U.S. Code) Source (Statutes at Large)
HISTORICAL AND REVISION NOTES
153510 ......... 36:4610(b) (2d sen- Aug. 19, 1964, Pub. L. 88–449,
tence cl. (2)). § 10(b) (2d sentence cl. (2)), Revised
78 Stat. 498. Section Source (U.S. Code) Source (Statutes at Large)

The word ‘‘salaries’’ is omitted as included in ‘‘com- 153513 ......... 36:4614. Aug. 19, 1964, Pub. L. 88–449,
pensation’’. § 14, 78 Stat. 499.

TERMINATION OF REPORTING REQUIREMENTS In subsection (a), the words ‘‘the discharge of all li-
For termination, effective May 15, 2000, of reporting abilities’’ are substituted for ‘‘the corporation’s liabil-
provisions in this section, see section 3003 of Pub. L. ities have been satisfied’’ for consistency in the revised
104–66, as amended, set out as a note under section 1113 title. In clause (1), the words ‘‘as amended and supple-
of Title 31, Money and Finance, and page 205 of House mented’’ are omitted as unnecessary.
Document No. 103–7. In subsection (b), the words ‘‘and Federal and State
laws’’ are omitted as unnecessary.
§ 153511. Service of process
REFERENCES IN TEXT
The corporation shall have a designated agent Act of August 25, 1916, referred to in subsec. (a)(1), is
in the District of Columbia to receive service of act Aug. 25, 1916, ch. 408, 39 Stat. 35, as amended, known
process for the corporation. Notice to or service as the National Park Service Organic Act, which is
on the agent, or mailed to the business address classified generally to sections 1, 2, 3, and 4 of Title 16,
of the agent, is notice to or service on the cor- Conservation. For complete classification of this Act to
poration. the Code, see Short Title note set out under section 1
of Title 16 and Tables.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1427.)
AMENDMENTS
HISTORICAL AND REVISION NOTES
2006—Subsec. (a)(1). Pub. L. 109–284 substituted ‘‘(16
Revised U.S.C. 1 et seq.) (known as the National Park Service
Section Source (U.S. Code) Source (Statutes at Large)
Organic Act)’’ for ‘‘(16 U.S.C. 1 et seq.), known as the
153511 ......... 36:4607(b). Aug. 19, 1964, Pub. L. 88–449, National Park Service Organic Act))’’.
§ 7(b), 78 Stat. 498.
CHAPTER 1537—NATIONAL WOMAN’S RELIEF
The word ‘‘have’’ is substituted for ‘‘maintain’’ for CORPS, AUXILIARY TO THE GRAND ARMY
consistency in the revised title. The words ‘‘at all OF THE REPUBLIC
times’’ are omitted as unnecessary. The words ‘‘to re-
ceive’’ are substituted for ‘‘authorized to accept’’, and Sec.
the words ‘‘is notice to or service on’’ are substituted 153701. Organization.
for ‘‘shall be deemed notice or service upon’’, for con- 153702. Purposes.
sistency in the revised title. 153703. Membership.
153704. Governing body.
§ 153512. Liability for acts of officers and agents 153705. Powers.
153706. Exclusive right to name, seals, emblems, and
The corporation is liable for the acts of its of- badges.
ficers and agents acting within the scope of 153707. Restrictions.
their authority. 153708. Principal office.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1427.) 153709. Records and inspection.
153710. Service of process.
HISTORICAL AND REVISION NOTES 153711. Liability for acts of officers and agents.
153712. Annual report.
Revised Source (U.S. Code) Source (Statutes at Large) 153713. Distribution of assets on dissolution or final
Section liquidation.
153512 ......... 36:4609. Aug. 19, 1964, Pub. L. 88–449,
§ 9, 78 Stat. 498. § 153701. Organization
(a) FEDERAL CHARTER.—National Woman’s Re-
§ 153513. Distribution of assets on dissolution or
lief Corps, Auxiliary to the Grand Army of the
final liquidation
Republic (in this chapter, the ‘‘corporation’’), is
(a) ALLOWABLE RECIPIENTS.—On dissolution or a federally chartered corporation.
final liquidation of the corporation, any assets (b) PLACE OF INCORPORATION AND DOMICILE.—
remaining after the discharge of all liabilities The corporation is declared to be incorporated
shall be distributed, as decided by the board of and domiciled in the District of Columbia.
trustees, to— (c) PERPETUAL EXISTENCE.—Except as other-
(1) the United States Government, to be ad- wise provided, the corporation has perpetual ex-
ministered by the Secretary of the Interior istence.
Page 217 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 153705
AND ORGANIZATIONS

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1428.) Before clause (1), the words ‘‘is limited to’’ are sub-
stituted for ‘‘shall be’’ for clarity.
HISTORICAL AND REVISION NOTES
§ 153704. Governing body
Revised Source (U.S. Code) Source (Statutes at Large)
Section (a) NATIONAL CONVENTION.—(1) The national
153701 ......... 36:1001. Sept. 7, 1962, Pub. L. 87–650, convention is the supreme governing authority
§§ 1, 2, 4(1), 76 Stat. 502, of the corporation.
503.
36:1002. (2) The national convention is composed of of-
36:1004(1). ficers and elected representatives from the
States as provided by the regulations of the cor-
This section is substituted for the source provisions poration. However, the form of government of
for consistency in the revised title and to eliminate un-
necessary and executed words.
the corporation must be representative of the
membership at large and may not permit con-
§ 153702. Purposes centration of control in a limited number of
members or in a self-perpetuating group not rep-
The purposes of the corporation are—
(1) to perpetuate the memory of the Grand resentative of the membership at large.
Army of the Republic, as the National Wom- (3) The meetings of the national convention
an’s Relief Corps is its auxiliary and was orga- may be held in the District of Columbia or in
nized at its request in 1883, and of the men who any State.
(4) During the intervals between the conven-
saved the Union in 1861 to 1865;
(2) to assist in every practicable way in pre- tion, the executive officers are the governing
serving, and making available for research, board of the corporation and are responsible for
documents and records pertaining to the the general policies, program, and activities of
Grand Army of the Republic and its members; the corporation.
(3) to cooperate in doing honor to all those (b) COUNCIL OF ADMINISTRATION.—The council
who have served our country patriotically in of administration of the corporation shall con-
any war; sist of at least 7 members elected in the manner
(4) to teach patriotism, the duties of citizen- and for the term provided in the constitution
ship, the true history of our country, and the and bylaws of the corporation.
love and honor of our flag; (c) OFFICERS.—(1) The officers of the corpora-
(5) to oppose every tendency or movement tion are a national president, senior vice na-
that would weaken loyalty to, destroy, or im- tional president, junior vice national president,
pair our constitutional Union; and secretary, treasurer, and other officers as pro-
(6) to inculcate and broadly sustain the vided in the constitution and bylaws. One indi-
American principles of representative govern- vidual may hold the offices of secretary and
ment, equal rights, and impartial justice for treasurer.
all. (2) The titles, manner of election, term of of-
fice, and duties of the officers are as provided in
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1428.)
the constitution and bylaws.
HISTORICAL AND REVISION NOTES (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1428.)
Revised
Section Source (U.S. Code) Source (Statutes at Large) HISTORICAL AND REVISION NOTES

153702 ......... 36:1003. Sept. 7, 1962, Pub. L. 87–650, Revised


Section Source (U.S. Code) Source (Statutes at Large)
§ 3, 76 Stat. 503.
153704(a)(1)– 36:1006. Sept. 7, 1962, Pub. L. 87–650,
In clause (5), the words ‘‘destroy, or impair’’ are sub- (3). §§ 6–8, 76 Stat. 504.
stituted for ‘‘make for the destruction or impairment 153704(a)(4) 36:1007(a), (b).
of’’ to eliminate unnecessary words. 153704(b) ..... 36:1007(c).
153704(c) ..... 36:1008.
§ 153703. Membership
In subsection (a)(2), the words ‘‘several’’, ‘‘always’’,
Except as provided in this chapter, eligibility ‘‘thereof’’, and ‘‘the hands of’’ are omitted as unneces-
for membership in the corporation and the sary.
rights, privileges, and designation of classes of In subsection (a)(4), the text of 36:1007(b) is omitted as
members are as provided in the constitution and obsolete.
In subsection (b), the word ‘‘Thereafter’’ is omitted as
bylaws of the corporation. Eligibility for mem-
obsolete.
bership is limited to—
(1) women who are the wives, mothers, § 153705. Powers
daughters, and sisters of Union soldiers, sail-
ors, and marines; and The corporation may—
(2) other loyal women who have not given (1) adopt and amend a constitution and by-
aid or comfort to the enemies of the United laws for the management of its property and
States of America. the regulation of its affairs;
(2) adopt and alter a corporate seal;
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1428.) (3) choose officers as the corporation re-
HISTORICAL AND REVISION NOTES quires;
(4) make contracts;
Revised Source (U.S. Code) Source (Statutes at Large) (5) acquire, own, lease, encumber, and trans-
Section
fer property as necessary or convenient to
153703 ......... 36:1005. Sept. 7, 1962, Pub. L. 87–650, carry out the purposes of the corporation; and
§ 5, 76 Stat. 503.
(6) sue and be sued.
§ 153706 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 218
AND ORGANIZATIONS

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1429.) to, support, or assist a political party or can-
didate for public office.
HISTORICAL AND REVISION NOTES (c) DISTRIBUTION OF INCOME OR ASSETS.—The
Revised income or assets of the corporation may not
Source (U.S. Code) Source (Statutes at Large)
Section inure to the benefit of, or be distributed to, an
153705 ......... 36:1004(2)–(8). Sept. 7, 1962, Pub. L. 87–650, officer or member during the life of the corpora-
§§ 4(2)–(8), 18, 76 Stat. 503, tion or on its dissolution or final liquidation.
506.
36:1018. This subsection does not prevent the payment of
reasonable compensation to an officer or reim-
In this section, the text of 36:1018 is omitted as exe- bursement for actual necessary expenses in
cuted and obsolete. amounts approved by the council of administra-
In clause (1), the word ‘‘alter’’ is omitted as included tion of the corporation.
in ‘‘amend’’. The words ‘‘not inconsistent with the laws (d) LOANS.—The corporation may not make a
of the United States or any State in which the corpora-
loan or advance to an officer or member of the
tion is to operate’’ are omitted as unnecessary.
In clause (2), the word ‘‘use’’ is omitted as unneces- corporation. Members of the council of adminis-
sary. tration who vote for or assent to making a loan
In clause (4), the words ‘‘make contracts’’ are sub- or advance to an officer or member, and officers
stituted for ‘‘contract and be contracted with’’ for con- who participate in making the loan or advance,
sistency in the revised title and to eliminate unneces- are jointly and severally liable to the corpora-
sary words. tion for the amount of the loan or advance until
Clause (5) is substituted for ‘‘take by lease, gift, pur- it is repaid.
chase, grants, devise, or bequest from any public body
or agency or any private corporation, association, part- (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1429.)
nership, firm, or individual and to hold absolutely or in
trust for any of the purposes of the corporation any HISTORICAL AND REVISION NOTES
property, real, personal, or mixed, necessary or conven- Revised
ient for attaining the objects and carrying into effect Section Source (U.S. Code) Source (Statutes at Large)
the purposes of the corporation’’ and ‘‘transfer, convey,
lease, sublease, encumber, and otherwise alienate real, 153707(a) ..... 36:1013. Sept. 7, 1962, Pub. L. 87–650,
§§ 10, 11, 13, 76 Stat. 504,
personal, or mixed property’’ for consistency in the re- 505.
vised title and to eliminate unnecessary words. The 153707(b) ..... 36:1011.
words ‘‘subject, however, to applicable provisions of 153707(c) ..... 36:1010(a).
153707(d) ..... 36:1010(b).
law of any State, (A) governing the amount or kind of
property which may be held by, or (B) otherwise limit- In subsection (a), the words ‘‘any shares of’’ are omit-
ing or controlling the ownership of property by, a cor- ted as unnecessary.
poration operating in such State’’ are omitted as un- In subsection (c), the words ‘‘inure to the benefit of’’
necessary. are substituted for ‘‘inure to’’ for consistency in the re-
In clause (6), the words ‘‘complain and defend in any vised title.
court of competent jurisdiction’’ are omitted as unnec- In subsection (d), the words ‘‘or advance’’ are added
essary. in 2 places for consistency in the subsection. In the
first sentence, the words ‘‘or member’’ are added for
§ 153706. Exclusive right to name, seals, emblems, consistency in the subsection.
and badges
§ 153708. Principal office
The corporation and its subordinate corps
have the exclusive right to use the name ‘‘Na- The principal office of the corporation shall be
tional Woman’s Relief Corps, Auxiliary to the in Springfield, Illinois. However, the activities
Grand Army of the Republic’’. The corporation of the corporation are not confined to Spring-
has the exclusive right to use and to allow oth- field but may be conducted throughout the
ers to use seals, emblems, and badges the cor- States of the United States and the District of
poration adopts. Columbia.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1429.) (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1429.)
HISTORICAL AND REVISION NOTES HISTORICAL AND REVISION NOTES

Revised Revised Source (U.S. Code) Source (Statutes at Large)


Section Source (U.S. Code) Source (Statutes at Large) Section

153706 ......... 36:1017. Sept. 7, 1962, Pub. L. 87–650, 153708 ......... 36:1009(a). Sept. 7, 1962, Pub. L. 87–650,
§ 17, 76 Stat. 505. § 9(a), 76 Stat. 504.

The word ‘‘sole’’ is omitted as included in ‘‘exclu- The word ‘‘various’’ is omitted as unnecessary.
sive’’. The words ‘‘the corporation adopts’’ are sub-
stituted for ‘‘as have heretofore been used by the Illi-
§ 153709. Records and inspection
nois corporation described in section 1018 of this title’’ (a) RECORDS.—The corporation shall keep—
for consistency in the revised title. The words ‘‘and the (1) correct and complete records of account;
right to which may be lawfully transferred to the cor- and
poration’’ are omitted as executed.
(2) minutes of the proceedings of its national
§ 153707. Restrictions convention.

(a) STOCK AND DIVIDENDS.—The corporation (b) INSPECTION.—A member, or an agent or at-
may not issue stock or declare or pay a divi- torney of the member, may inspect the records
dend. of the corporation for any proper purpose, at
(b) POLITICAL ACTIVITIES.—The corporation or any reasonable time.
an officer or agent as such may not contribute (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1430.)
Page 219 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 153713
AND ORGANIZATIONS

HISTORICAL AND REVISION NOTES poration during the prior fiscal year. The report
may consist of a report on the proceedings of
Revised
Section Source (U.S. Code) Source (Statutes at Large) the national convention during that fiscal year.
The report may not be printed as a public docu-
153709 ......... 36:1014. Sept. 7, 1962, Pub. L. 87–650,
§ 14, 76 Stat. 505. ment.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1430.)
The word ‘‘records’’ is substituted for ‘‘books and
records’’ for consistency in the revised title and with HISTORICAL AND REVISION NOTES
other titles of the United States Code.
Revised Source (U.S. Code) Source (Statutes at Large)
Section
§ 153710. Service of process
153712 ......... 36:1016. Sept. 7, 1962, Pub. L. 87–650,
The corporation shall have a designated agent § 16, 76 Stat. 505.
in the District of Columbia to receive service of
process, notice, or demand for the corporation. TERMINATION OF REPORTING REQUIREMENTS
Designation of the agent shall be filed in the of- For termination, effective May 15, 2000, of reporting
fice of the Mayor of the District of Columbia or provisions in this section, see section 3003 of Pub. L.
another office designated by the Mayor. Notice 104–66, as amended, set out as a note under section 1113
to or service on the agent is notice to or service of Title 31, Money and Finance, and page 204 of House
Document No. 103–7.
on the corporation.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1430.) § 153713. Distribution of assets on dissolution or
final liquidation
HISTORICAL AND REVISION NOTES
On dissolution or final liquidation of the cor-
Revised
Source (U.S. Code) Source (Statutes at Large) poration, its assets shall be distributed as fol-
Section
lows:
153710 ......... 36:1009(b). Sept. 7, 1962, Pub. L. 87–650, (1) All liabilities shall be paid and dis-
§ 9(b), 76 Stat. 504. charged, or adequate provision for payment
and discharge shall be made.
The words ‘‘at all times’’ and ‘‘authorized’’ are omit- (2) Assets held on condition requiring return
ted as unnecessary. The words ‘‘Designation of the
or transfer on dissolution of the corporation
agent shall be filed’’ are substituted for ‘‘The corpora-
tion shall file . . . a statement designating the initial shall be returned or transferred as required by
and each successor registered agent of the corporation the condition.
immediately following any such designation’’ for con- (3) Assets received and held subject to a lim-
sistency in the revised title and to eliminate unneces- itation permitting use only for charitable, re-
sary words. The words ‘‘office of Mayor of the District ligious, benevolent, educational, or similar
of Columbia’’ are substituted for ‘‘Commissioners of purposes, but not held on a condition requiring
the District of Columbia’’ in section 9(b) of the Act of return or transfer on dissolution of the cor-
September 7, 1962 (Public Law 87–650, 76 Stat. 504), be- poration, shall be transferred to one or more
cause under section 401 of Reorganization Plan No. 3 of appropriate domestic or foreign corporations,
1967 (5 App. U.S.C.), the functions of the Board of Com- societies, or organizations under a plan of dis-
missioners of the District of Columbia were transferred
tribution adopted as provided in this chapter.
to the Commissioner of the District of Columbia, and
under sections 421 and 711 of the District of Columbia
(4) Other assets shall be distributed as pro-
Self-Government and Governmental Reorganization vided by the articles of incorporation or by-
Act (Public Law 93–198, 87 Stat. 789, 818), the office of laws to the extent that the articles or bylaws
Commissioner of the District of Columbia was abol- provide the distributive rights of members, or
ished and replaced by the office of Mayor of the Dis- any class of members, or provide for distribu-
trict of Columbia. The words ‘‘Notice to or service on tion to others.
the agent is notice to or service on the corporation’’ (5) Any remaining assets may be distributed
are substituted for ‘‘service of such process, notice or to persons, societies, organizations, or domes-
demand required or permitted by law to be served upon tic or foreign corporations engaged in activi-
the corporation may be served upon such agent’’ for ties not for profit, as provided in a plan of dis-
consistency in the revised title and to eliminate unnec-
essary words.
tribution adopted by the council of adminis-
tration of the corporation and in compliance
§ 153711. Liability for acts of officers and agents with the constitution and bylaws of the cor-
poration.
The corporation is liable for the acts of its of-
ficers and agents acting within the scope of (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1430.)
their authority. HISTORICAL AND REVISION NOTES
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1430.) Revised
Section Source (U.S. Code) Source (Statutes at Large)
HISTORICAL AND REVISION NOTES
153713 ......... 36:1019. Sept. 7, 1962, Pub. L. 87–650,
Revised § 19, 76 Stat. 506.
Section Source (U.S. Code) Source (Statutes at Large)
Before clause (1), the word ‘‘applied’’ is omitted as in-
153711 ......... 36:1012. Sept. 7, 1962, Pub. L. 87–650,
§ 12, 76 Stat. 505. cluded in ‘‘distributed’’ and for consistency in the re-
vised title.
In clause (1), the word ‘‘obligations’’ is omitted as in-
§ 153712. Annual report cluded in ‘‘liabilities’’, and the word ‘‘satisfied’’ is
omitted as included in ‘‘discharged’’.
Not later than 6 months after the end of each In clauses (2) and (3), the words ‘‘conveyance’’ and
fiscal year, the corporation shall submit a re- ‘‘conveyed’’ are omitted as included in ‘‘transfer’’ and
port to Congress on the activities of the cor- ‘‘transferred’’, respectively.
§ 153901 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 220
AND ORGANIZATIONS

In clause (3), the word ‘‘eleemosynary’’ is omitted as see section 515(h) of Pub. L. 109–163, set out as a note
included in ‘‘charitable’’. under section 10101 of Title 10, Armed Forces.
In clause (5), the words ‘‘and all Federal, State, and
District of Columbia laws applicable thereto’’ are omit- § 153903. Powers
ted as unnecessary.
The corporation may—
CHAPTER 1539—THE NATIONAL YOEMEN F (1) adopt a constitution and bylaws;
(2) adopt a seal; and
Sec. (3) hold real and personal property in the
153901. Organization. United States, but only to the extent nec-
153902. Purposes.
153903. Powers.
essary to carry out the purposes of the cor-
153904. Deposit of historical material. poration and only in an amount not more than
$50,000.
§ 153901. Organization
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1431.)
The National Yoemen F (in this chapter, the
HISTORICAL AND REVISION NOTES
‘‘corporation’’) is a body corporate and politic in
the District of Columbia. Revised
Source (U.S. Code) Source (Statutes at Large)
Section
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1431.)
153903 ......... 36:139a. June 15, 1936, ch. 546, § 2, 49
HISTORICAL AND REVISION NOTES Stat. 1506.

Revised
Source (U.S. Code) Source (Statutes at Large)
In clause (1), the words ‘‘not inconsistent with law’’
Section are omitted as unnecessary.
153901 ......... 36:139 (words before June 15, 1936, ch. 546, § 1
‘‘for patriotic, (words before ‘‘for patri- § 153904. Deposit of historical material
historical, and otic, historical, and edu-
educational pur- cational purposes’’), 49 The Regents of the Smithsonian Institution
poses’’). Stat. 1501. may permit the corporation to deposit its col-
lections, manuscripts, books, pamphlets, and
This section is substituted for the source provision
for consistency in the revised title and to eliminate un- other material for history in the Smithsonian
necessary and executed words. Institution or in the National Museum, on con-
ditions and under rules they prescribe.
§ 153902. Purposes
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1431.)
The purposes of the corporation are patriotic,
HISTORICAL AND REVISION NOTES
historical, and educational and are—
(1) to foster and perpetuate the memory of Revised
Section Source (U.S. Code) Source (Statutes at Large)
the service of Yoemen (f) in the United States
Naval Reserve Force of the United States 153904 ......... 36:139b. June 15, 1936, ch. 546, § 3, 49
Navy during World War I; Stat. 1506; June 29, 1960,
Pub. L. 86–533, (23), 74
(2) to preserve the memories and incidents of Stat. 249.
their association in World War I by the en-
couragement of historical research concerning The word ‘‘may’’ is substituted for ‘‘are authorized
the service of Yoemen (f); to’’ for consistency in the revised title and to eliminate
(3) to cherish, maintain, and extend the in- unnecessary words. The words ‘‘at their discretion’’ and
stitutions of American freedom by the pro- ‘‘such’’ are omitted as unnecessary. The words ‘‘they
prescribe’’ are substituted for ‘‘as they shall prescribe’’
motion of celebrations of all patriotic anniver- to eliminate unnecessary words.
saries;
(4) to foster true patriotism and love of CHAPTER 1541—NAVAL SEA CADET CORPS
country; and
Sec.
(5) to aid in securing for mankind all the 154101. Organization.
blessings of liberty. 154102. Purposes.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1431.) 154103. Membership.
154104. Governing body.
HISTORICAL AND REVISION NOTES 154105. Powers.
154106. Exclusive right to name, insignia, emblems,
Revised Source (U.S. Code) Source (Statutes at Large) badges, marks, and words.
Section
154107. Restrictions.
153902 ......... 36:139 (words begin- June 15, 1936, ch. 546, § 1 154108. Principal office.
ning with ‘‘for pa- (words beginning with 154109. Records and inspection.
triotic, historical, ‘‘for patriotic, historical,
and educational and educational pur- 154110. Service of process.
purposes’’). poses’’), 49 Stat. 1506. 154111. Liability for acts of officers and agents.
154112. Annual report.
In clauses (1) and (2), the term ‘‘Yoemen (f)’’ is used 154113. Distribution of assets on dissolution or final
(despite the inconsistency with section 153901 of the re- liquidation.
vised title) for consistency with section 1 of the Act of
June 15, 1936. § 154101. Organization
In clause (1), the words ‘‘World War I’’ are substituted
(a) FEDERAL CHARTER.—Naval Sea Cadet Corps
for ‘‘the World War’’ for clarity.
(in this chapter, the ‘‘corporation’’) is a feder-
CHANGE OF NAME ally chartered corporation.
References to Naval Reserve, other than references to (b) PERPETUAL EXISTENCE.—Except as other-
Naval Reserve regarding the United States Naval Re- wise provided, the corporation has perpetual ex-
serve Retired List, deemed to refer to Navy Reserve, istence.
Page 221 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 154105
AND ORGANIZATIONS

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1432.) HISTORICAL AND REVISION NOTES

HISTORICAL AND REVISION NOTES Revised


Source (U.S. Code) Source (Statutes at Large)
Section
Revised Source (U.S. Code) Source (Statutes at Large)
Section 154104(a) ..... 36:1047. Sept. 10, 1962, Pub. L. 87–655,
§§ 7, 8, 76 Stat. 532.
154104(b) ..... 36:1048.
154101 ......... 36:1041. Sept. 10, 1962, Pub. L. 87–655,
§§ 1, 4(1), 76 Stat. 530, 531.
36:1044(1). Subsection (a) is substituted for the source provision
for consistency in the revised title. The text of
This section is substituted for the source provisions 36:1047(a) and the word ‘‘Thereafter’’ in 36:1047(b) are
for consistency in the revised title and to eliminate un- omitted as obsolete.
necessary and executed words.
§ 154105. Powers
§ 154102. Purposes
The corporation may—
The purposes of the corporation are, through (1) adopt and amend a constitution and by-
organization and cooperation with the Depart- laws for the management of its property and
ment of the Navy— the regulation of its affairs;
(1) to encourage and aid American young (2) adopt and alter a corporate seal;
people to develop an interest and skill in basic (3) choose officers, managers, employees, and
seamanship and in its naval adaptations; agents as the activities of the corporation re-
(2) to train them in seagoing skills; and quire;
(3) to teach them patriotism, courage, self- (4) make contracts;
reliance, and kindred virtues. (5) acquire, own, lease, encumber, and trans-
fer property as necessary or convenient to
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1432.)
carry out the purposes of the corporation;
HISTORICAL AND REVISION NOTES (6) borrow money, issue instruments of in-
debtedness, and secure its obligations by
Revised Source (U.S. Code) Source (Statutes at Large) granting security interests in its property; and
Section
(7) sue and be sued.
154102 ......... 36:1042. Sept. 10, 1962, Pub. L. 87–655,
§ 2, 76 Stat. 531; Nov. 29, (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1432.)
1974, Pub. L. 93–504, 88
Stat. 1575. HISTORICAL AND REVISION NOTES

The word ‘‘objects’’ is omitted as included in ‘‘pur- Revised


Source (U.S. Code) Source (Statutes at Large)
poses’’. Section

154105 ......... 36:1044(2)–(9). Sept. 10, 1962, Pub. L. 87–655,


§ 154103. Membership §§ 3, 4(2)–(9), 17, 76 Stat.
531, 534.
Except as provided in this chapter, eligibility 36:1043.
36:1057.
for membership in the corporation and the
rights, privileges, and designation of classes of In this section, the text of 36:1043 and 1057 is omitted
members are as provided in the constitution and as executed and obsolete.
bylaws of the corporation. In clause (1), the word ‘‘alter’’ is omitted as unneces-
sary. The words ‘‘not inconsistent with the laws of the
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1432.) United States or any State in which the corporation is
HISTORICAL AND REVISION NOTES to operate’’ are omitted as unnecessary.
In clause (2), the word ‘‘use’’ is omitted as unneces-
Revised sary.
Source (U.S. Code) Source (Statutes at Large)
Section In clause (4), the words ‘‘make contracts’’ are sub-
stituted for ‘‘contract and be contracted with’’ for con-
154103 ......... 36:1046. Sept. 10, 1962, Pub. L. 87–655,
§ 6, 76 Stat. 532. sistency in the revised title and to eliminate unneces-
sary words.
Clause (5) is substituted for ‘‘to take by lease, gift,
§ 154104. Governing body purchase, grant, devise, or bequest from any private
(a) BOARD OF DIRECTORS.—(1) The board of di- corporation, association, partnership, firm or individ-
ual and to hold any property, real, personal or mixed,
rectors is the governing body of the corporation.
necessary or convenient for attaining the objects and
The board is responsible for the general policies carrying into effect the purposes of the corporation’’
and program of the corporation and the control and ‘‘transfer, convey, lease, sublease, encumber and
of all funds of the corporation. otherwise alienate real, personal, or mixed property’’
(2) The number of directors, their manner of for consistency in the revised title and to eliminate un-
selection (including the filling of vacancies), and necessary words. The words ‘‘subject, however, to appli-
their term of office are as provided in the con- cable provisions of law of any State (A) governing the
stitution and bylaws. However, the board shall amount or kind of property which may be held by or
have at least 10 but not more than 25 directors. (B) otherwise limiting or controlling the ownership of
property by, a corporation operating in such State’’ are
(b) OFFICERS.—(1) The officers of the corpora-
omitted as unnecessary.
tion are a president, one or more vice presidents In clause (6), the words ‘‘for the purposes of the cor-
as provided in the constitution and bylaws, a poration’’ are omitted as unnecessary. The words
secretary, a treasurer, and other officers as pro- ‘‘issue instruments of indebtedness, and secure its obli-
vided in the constitution and bylaws. gations by granting security interests in its property’’
(2) The manner of election, term of office, and are substituted for ‘‘issue bonds therefor, and secure
duties of the officers are as provided in the con- the same by mortgage, deed of trust, pledge or other-
stitution and bylaws. wise’’ for consistency in the revised title. The words
‘‘subject in every case to all applicable provisions of
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1432.) Federal and State laws’’ are omitted as unnecessary.
§ 154106 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 222
AND ORGANIZATIONS

In clause (7), the words ‘‘complain and defend in any In subsection (c), the words ‘‘inure to the benefit of’’
court of competent jurisdiction’’ are omitted as unnec- are substituted for ‘‘inure to’’ for consistency in the re-
essary. vised title.
In subsection (d), the words ‘‘or advance’’ are added
§ 154106. Exclusive right to name, insignia, em- in 2 places for consistency in the subsection.
blems, badges, marks, and words § 154108. Principal office
The corporation has the exclusive right to use The principal office of the corporation shall be
the name ‘‘Naval Sea Cadet Corps’’ and distinc- in Tacoma, Washington, or another place de-
tive insignia, emblems, and badges, descriptive cided by the board of directors. However, the ac-
or designating marks, and words or phrases re- tivities of the corporation are not confined to
quired to carry out the duties and powers of the the place where the principal office is located
corporation. This section does not affect any but may be conducted throughout the States,
vested rights. territories, and possessions of the United States.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1433.) (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1433.)
HISTORICAL AND REVISION NOTES HISTORICAL AND REVISION NOTES
Revised Source (U.S. Code) Source (Statutes at Large) Revised
Section Section Source (U.S. Code) Source (Statutes at Large)

154106 ......... 36:1056. Sept. 10, 1962, Pub. L. 87–655, 154108 ......... 36:1045(a). Sept. 10, 1962, Pub. L. 87–655,
§ 16, 76 Stat. 533. § 5(a), 76 Stat. 531.

The words ‘‘sole’’, ‘‘to have and’’, and ‘‘in carrying The word ‘‘various’’ is omitted as unnecessary.
out its purposes’’ are omitted as unnecessary. The
words ‘‘required to carry out the duties and powers of § 154109. Records and inspection
the corporation’’ are substituted for ‘‘as may be re-
quired in the furtherance of its functions’’ for consist- (a) RECORDS.—The corporation shall keep—
ency in the revised title and with other titles of the (1) correct and complete records of account;
United States Code. The words ‘‘This section does not (2) minutes of the proceedings of its mem-
affect any vested rights’’ are substituted for ‘‘No pow- bers, board of directors, and committees hav-
ers or privileges granted shall, however, interfere or ing any of the authority of its board of direc-
conflict with established or vested rights’’ for consist- tors; and
ency in the revised title and to eliminate unnecessary
(3) at its principal office, a record of the
words.
names and addresses of its members entitled
§ 154107. Restrictions to vote.
(b) INSPECTION.—A member entitled to vote, or
(a) STOCK AND DIVIDENDS.—The corporation
an agent or attorney of the member, may in-
may not issue stock or declare or pay a divi-
spect the records of the corporation for any
dend.
proper purpose, at any reasonable time.
(b) POLITICAL ACTIVITIES.—The corporation or
a director or officer as such may not contribute (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1433.)
to, support, or assist a political party or can- HISTORICAL AND REVISION NOTES
didate for public office.
(c) DISTRIBUTION OF INCOME OR ASSETS.—The Revised
Source (U.S. Code) Source (Statutes at Large)
income or assets of the corporation may not Section
inure to the benefit of, or be distributed to, a di- 154109 ......... 36:1053. Sept. 10, 1962, Pub. L. 87–655,
rector, officer, or member during the life of the § 13, 76 Stat. 533.
corporation or on its dissolution or final liquida-
The word ‘‘records’’ is substituted for ‘‘books and
tion. This subsection does not prevent the pay- records’’ for consistency in the revised title and with
ment of compensation to an officer in an other titles of the United States Code.
amount approved by the board of directors.
(d) LOANS.—The corporation may not make a § 154110. Service of process
loan or advance to a director, officer, or em- The corporation shall have a designated agent
ployee. Directors who vote for or assent to mak- in the District of Columbia to receive service of
ing a loan or advance to a director, officer, or process for the corporation. Notice to or service
employee, and officers who participate in mak- on the agent, or mailed to the business address
ing the loan or advance, are jointly and sever- of the agent, is notice to or service on the cor-
ally liable to the corporation for the amount of poration.
the loan or advance until it is repaid.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1433.)
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1433.)
HISTORICAL AND REVISION NOTES
HISTORICAL AND REVISION NOTES
Revised
Section Source (U.S. Code) Source (Statutes at Large)
Revised Source (U.S. Code) Source (Statutes at Large)
Section
154110 ......... 36:1045(b). Sept. 10, 1962, Pub. L. 87–655,
154107(a) ..... 36:1052. Sept. 10, 1962, Pub. L. 87–655, § 5(b), 76 Stat. 531.
§§ 9, 10, 12, 76 Stat. 532, 533.
154107(b) ..... 36:1050.
154107(c) ..... 36:1049(a). The words ‘‘at all times’’ are omitted as unnecessary.
154107(d) ..... 36:1049(b). The words ‘‘to receive’’ are substituted for ‘‘authorized
to accept’’, and the words ‘‘is notice to or service on’’
In subsection (a), the words ‘‘any shares of’’ are omit- are substituted for ‘‘shall be deemed notice to or serv-
ted as unnecessary. ice upon’’, for consistency in the revised title.
Page 223 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 154302
AND ORGANIZATIONS

§ 154111. Liability for acts of officers and agents CHAPTER 1543—NAVY CLUB OF THE UNITED
STATES OF AMERICA
The corporation is liable for the acts of its of-
ficers and agents acting within the scope of Sec.
their authority. 154301. Organization.
154302. Purposes.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1433.) 154303. Powers.
154304. Annual report.
HISTORICAL AND REVISION NOTES

Revised
§ 154301. Organization
Section Source (U.S. Code) Source (Statutes at Large)
(a) FEDERAL CHARTER.—Navy Club of the
154111 ......... 36:1051. Sept. 10, 1962, Pub. L. 87–655, United States of America (in this chapter, the
§ 11, 76 Stat. 533.
‘‘corporation’’) is a federally chartered corpora-
tion.
§ 154112. Annual report (b) PERPETUAL EXISTENCE.—Except as other-
wise provided, the corporation has perpetual ex-
The corporation shall submit an annual report istence.
to the Secretary of the Navy on the activities of
the corporation during the prior calendar year. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1434.)
The Secretary shall communicate to Congress HISTORICAL AND REVISION NOTES
any part of the report that the Secretary consid-
ers appropriate. Revised Source (U.S. Code) Source (Statutes at Large)
Section
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1434.) 154301(a) ..... 36:140. June 6, 1940, ch. 239, §§ 1,
3(a), 54 Stat. 232, 233.
HISTORICAL AND REVISION NOTES 154301(b) ..... 36:140b(a).

Revised
Section Source (U.S. Code) Source (Statutes at Large) This section is substituted for the source provisions
for consistency in the revised title and to eliminate ob-
154112 ......... 36:1058. Sept. 10, 1962, Pub. L. 87–655, solete words.
§ 18, 76 Stat. 534.
§ 154302. Purposes
The word ‘‘proceedings’’ is omitted as included in
‘‘activities’’. The word ‘‘year’’ is substituted for The purposes of the corporation are—
‘‘years’’ to correct an error. The words ‘‘any part of the (1) to encourage, promote, and maintain
report that the Secretary considers appropriate’’ are comradeship among individuals who are or
substituted for ‘‘the whole of such reports, or such por- have been in the active service of the United
tion thereof as he shall see fit’’ to eliminate unneces-
sary words.
States Navy, the United States Marine Corps,
or the United States Coast Guard;
(2) to revere, honor, and perpetuate the
TERMINATION OF REPORTING REQUIREMENTS
memory of individuals described in paragraph
For termination, effective May 15, 2000, of provisions (1) of this section who have departed this life;
of law requiring submittal to Congress of any annual, (3) to promote and encourage further public
semiannual, or other regular periodic report listed in
interest in the United States Navy, the United
House Document No. 103–7 (in which a report required
under this section is listed on page 74), see section 3003 States Marine Corps, and the United States
of Pub. L. 104–66, as amended, set out as a note under Coast Guard, and the history of those organi-
section 1113 of Title 31, Money and Finance. zations;
(4) to uphold the spirit and ideals of the
§ 154113. Distribution of assets on dissolution or United States Navy, the United States Marine
final liquidation Corps, and the United States Coast Guard;
(5) to promote the ideals of American free-
On dissolution or final liquidation of the cor- dom and democracy and to fit its members for
poration, any assets remaining after the dis- the duties of citizenship and to encourage
charge of all liabilities shall be distributed as them to serve as ably as citizens as they have
provided by the board of directors, but in com- served the Nation under arms; and
pliance with the constitution and bylaws of the (6) to maintain true allegiance to American
corporation. institutions.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1434.) (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1434.)
HISTORICAL AND REVISION NOTES HISTORICAL AND REVISION NOTES
Revised Revised
Section Source (U.S. Code) Source (Statutes at Large) Source (U.S. Code) Source (Statutes at Large)
Section

154113 ......... 36:1055. Sept. 10, 1962, Pub. L. 87–655, 154302 ......... 36:140a. June 6, 1940, ch. 239, § 2, 54
§ 15, 76 Stat. 533. Stat. 232.

The word ‘‘satisfaction’’ is omitted as included in In this section, the word ‘‘individuals’’ is substituted
‘‘discharge’’, and the word ‘‘obligations’’ is omitted as for ‘‘persons’’ for consistency in the revised title and
included in ‘‘liabilities’’. The word ‘‘outstanding’’ is with other titles of the United States Code.
omitted as unnecessary. The words ‘‘as provided by’’ In clause (1), the words ‘‘further’’ and ‘‘those’’ are
are substituted for ‘‘in accordance with the determina- omitted as unnecessary.
tion of’’ to eliminate unnecessary words. The words In clause (2), the words ‘‘described in clause (1) of this
‘‘and all Federal and State laws applicable thereto’’ are section’’ are substituted for ‘‘those . . . who have been
omitted as unnecessary. such members’’ for clarity.
§ 154303 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 224
AND ORGANIZATIONS

TRANSFER OF FUNCTIONS TERMINATION OF REPORTING REQUIREMENTS


For transfer of authorities, functions, personnel, and For termination, effective May 15, 2000, of reporting
assets of the Coast Guard, including the authorities provisions in this section, see section 3003 of Pub. L.
and functions of the Secretary of Transportation relat- 104–66, as amended, set out as a note under section 1113
ing thereto, to the Department of Homeland Security, of Title 31, Money and Finance, and page 205 of House
and for treatment of related references, see sections Document No. 103–7.
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu-
rity, and the Department of Homeland Security Reor- CHAPTER 1545—NAVY WIVES CLUBS OF
ganization Plan of November 25, 2002, as modified, set AMERICA
out as a note under section 542 of Title 6.
Sec.
§ 154303. Powers 154501. Definition.
154502. Organization.
The corporation may— 154503. Purposes.
(1) adopt and amend bylaws; 154504. Membership.
(2) adopt and alter a corporate seal; 154505. Governing body.
(3) appoint or elect officers and agents; 154506. Powers.
(4) choose a board of trustees, consisting of 154507. Restrictions.
at least 5 but not more than 15 individuals, to 154508. Duty to maintain corporate and tax-exempt
conduct the business and exercise the powers status.
of the corporation; 154509. Records and inspection.
(5) establish and maintain offices to conduct 154510. Service of process.
154511. Liability for acts of officers and agents.
its activities;
154512. Annual report.
(6) acquire, own, lease, encumber, and trans-
fer property as necessary or appropriate to § 154501. Definition
carry out the purposes of the corporation;
(7) charge and collect membership dues and For purposes of this chapter, ‘‘State’’ includes
receive contributions of money or property to the District of Columbia and the territories and
be devoted to carrying out the purposes of the possessions of the United States.
corporation; (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1435.)
(8) sue and be sued; and
(9) do any other act necessary or appropriate HISTORICAL AND REVISION NOTES
to carry out the purposes of the corporation. Revised
Section Source (U.S. Code) Source (Statutes at Large)
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1434.)
154501 ......... 36:2813. Oct. 19, 1984, Pub. L. 98–520,
HISTORICAL AND REVISION NOTES § 14, 98 Stat. 2430.

Revised
Section Source (U.S. Code) Source (Statutes at Large) The words ‘‘the Commonwealth of Puerto Rico’’ are
omitted as included in ‘‘the territories and possessions
154303 ......... 36:140b(b)–(j). June 6, 1940, ch. 239, of the United States’’.
§ 3(b)–(j), 54 Stat. 233.
§ 154502. Organization
In clause (1), the words ‘‘not inconsistent with the
Constitution and laws of the United States or of any (a) FEDERAL CHARTER.—Navy Wives Clubs of
State’’ are omitted as unnecessary. America (in this chapter, the ‘‘corporation’’), in-
In clause (2), the words ‘‘at pleasure’’ are omitted as corporated in California, is a federally chartered
unnecessary.
Clause (6) is substituted for ‘‘acquire, by purchase,
corporation.
devise, bequest, gift, or otherwise, and hold, encumber, (b) EXPIRATION OF CHARTER.—If the corpora-
convey, or otherwise dispose of such real and personal tion does not comply with any provision of this
property as may be necessary or appropriate for its cor- chapter, the charter granted by this chapter ex-
porate purposes’’ for consistency in the revised title. pires.
In clause (9), the word ‘‘generally’’ is omitted as un-
necessary. The words ‘‘any other act’’ are substituted (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1435.)
for ‘‘any and all lawful acts’’ for consistency in the re-
HISTORICAL AND REVISION NOTES
vised title.
Revised
§ 154304. Annual report Section Source (U.S. Code) Source (Statutes at Large)

Not later than December 1 of each year, the 154502(a) ..... 36:2801. Oct. 19, 1984, Pub. L. 98–520,
corporation shall submit a report to Congress on §§ 1, 15 (last sentence), 16,
98 Stat. 2428, 2430.
the activities of the corporation during the prior 154502(b) ..... 36:2814 (last sen-
calendar year. The report may not be printed as tence).
36:2815.
a public document.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1435.) This section is substituted for the source provisions
for consistency in the revised title.
HISTORICAL AND REVISION NOTES
§ 154503. Purposes
Revised Source (U.S. Code) Source (Statutes at Large)
Section The purposes of the corporation are as pro-
154304 ......... 36:140c. June 6, 1940, ch. 239, § 4, 54
vided in the articles of incorporation and in-
Stat. 233; Aug. 30, 1964, clude—
Pub. L. 88–504, § 4(11), 78 (1) supporting the Constitution of the United
Stat. 637.
States;
This section is substituted for the source provision (2) promoting a friendly relationship be-
for consistency in the revised title. tween the wives of enlisted men who are serv-
Page 225 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 154508
AND ORGANIZATIONS

ing in the active United States Navy, United HISTORICAL AND REVISION NOTES
States Marine Corps, or United States Coast
Revised
Guard, or in the Active Reserves of those serv- Section Source (U.S. Code) Source (Statutes at Large)
ices; and
154506 ......... 36:2802. Oct. 19, 1984, Pub. L. 98–520,
(3) performing charitable activities as pro- § 2, 98 Stat. 2428.
vided in the constitution or bylaws of the cor-
poration. The words ‘‘and subject to the laws of such State or
States’’ are omitted as unnecessary.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1435.)
§ 154507. Restrictions
HISTORICAL AND REVISION NOTES
(a) STOCK AND DIVIDENDS.—The corporation
Revised
Section Source (U.S. Code) Source (Statutes at Large) may not issue stock or declare or pay a divi-
dend.
154503 ......... 36:2803. Oct. 19, 1984, Pub. L. 98–520,
§ 3, 98 Stat. 2428. (b) POLITICAL ACTIVITIES.—The corporation or
a director or officer as such may not contribute
to, support, or participate in any political activ-
TRANSFER OF FUNCTIONS ity or attempt to influence legislation.
For transfer of authorities, functions, personnel, and (c) DISTRIBUTION OF INCOME OR ASSETS.—The
assets of the Coast Guard, including the authorities income or assets of the corporation may not
and functions of the Secretary of Transportation relat- inure to the benefit of, or be distributed to, a di-
ing thereto, to the Department of Homeland Security, rector, officer, or member during the life of the
and for treatment of related references, see sections charter granted by this chapter. This subsection
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- does not prevent the payment of reasonable
rity, and the Department of Homeland Security Reor- compensation to an officer or reimbursement for
ganization Plan of November 25, 2002, as modified, set
actual necessary expenses in amounts approved
out as a note under section 542 of Title 6.
by the board of directors.
(d) LOANS.—The corporation may not make a
§ 154504. Membership loan to a director, officer, or employee.
(e) CLAIM OF GOVERNMENTAL APPROVAL OR AU-
Eligibility for membership in the corporation
THORITY.—The corporation may not claim con-
and the rights and privileges of members are as
gressional approval or the authority of the
provided in the bylaws.
United States Government for any of its activi-
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1436.) ties.
HISTORICAL AND REVISION NOTES (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1436.)
Revised HISTORICAL AND REVISION NOTES
Section Source (U.S. Code) Source (Statutes at Large)
Revised
154504 ......... 36:2805. Oct. 19, 1984, Pub. L. 98–520, Section Source (U.S. Code) Source (Statutes at Large)
§ 5, 98 Stat. 2428.
154507(a) ..... 36:2808(d). Oct. 19, 1984, Pub. L. 98–520,
§ 8(a)–(e), 98 Stat. 2429.
154507(b) ..... 36:2808(c).
§ 154505. Governing body 154507(c) ..... 36:2808(a).
154507(d) ..... 36:2808(b).
154507(e) ..... 36:2808(e).
(a) BOARD OF DIRECTORS.—The board of direc-
tors and the responsibilities of the board are as In subsection (a), the words ‘‘any shares of’’ are omit-
provided in the articles of incorporation. ted as unnecessary.
(b) OFFICERS.—The officers and the election of In subsection (c), the words ‘‘inure to the benefit of’’
officers are as provided in the articles of incor- are substituted for ‘‘inure to’’ for consistency in the re-
poration. vised title.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1436.) § 154508. Duty to maintain corporate and tax-ex-
empt status
HISTORICAL AND REVISION NOTES
(a) CORPORATE STATUS.—The corporation shall
Revised Source (U.S. Code) Source (Statutes at Large)
Section maintain its status as a corporation incor-
porated under the laws of each State in which it
154505(a) ..... 36:2806. Oct. 19, 1984, Pub. L. 98–520,
§§ 6, 7, 98 Stat. 2428. is incorporated.
154505(b) ..... 36:2807. (b) TAX-EXEMPT STATUS.—The corporation
shall maintain its status as an organization ex-
The words ‘‘and in conformity with the laws of the empt from taxation under the Internal Revenue
State or States in which it is incorporated’’ in 36:2806
and ‘‘and in conformity with the laws of the State or
Code of 1986 (26 U.S.C. 1 et seq.).
States wherein it is incorporated’’ in 36:2807 are omit- (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1436.)
ted as unnecessary.
HISTORICAL AND REVISION NOTES

§ 154506. Powers Revised Source (U.S. Code) Source (Statutes at Large)


Section
The corporation has only the powers provided 154508(a) ..... 36:2808(f). Oct. 19, 1984, Pub. L. 98–520,
in its bylaws and articles of incorporation filed §§ 8(f), 15 (1st sentence), 98
in each State in which it is incorporated. Stat. 2429, 2430.
154508(b) ..... 36:2814 (1st sen-
tence).
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1436.)
§ 154509 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 226
AND ORGANIZATIONS

§ 154509. Records and inspection (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1437.)
(a) RECORDS.—The corporation shall keep— HISTORICAL AND REVISION NOTES
(1) correct and complete records of account;
Revised
(2) minutes of the proceedings of its mem- Section Source (U.S. Code) Source (Statutes at Large)
bers, board of directors, and committees hav-
154512 ......... 36:2811. Oct. 19, 1984, Pub. L. 98–520,
ing any of the authority of its board of direc- § 12, 98 Stat. 2430.
tors; and
(3) at its principal office, a record of the CHAPTER 1547—NON COMMISSIONED OFFI-
names and addresses of its members entitled CERS ASSOCIATION OF THE UNITED
to vote. STATES OF AMERICA, INCORPORATED
(b) INSPECTION.—A member entitled to vote, or Sec.
an agent or attorney of the member, may in- 154701. Definition.
spect the records of the corporation for any 154702. Organization.
proper purpose, at any reasonable time. 154703. Purposes.
154704. Membership.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1436.) 154705. Governing body.
154706. Powers.
HISTORICAL AND REVISION NOTES 154707. Exclusive right to name, seals, emblems, and
badges.
Revised Source (U.S. Code) Source (Statutes at Large)
154708. Restrictions.
Section 154709. Duty to maintain tax-exempt status.
154710. Records and inspection.
154509 ......... 36:2810. Oct. 19, 1984, Pub. L. 98–520,
§ 10, 98 Stat. 2429. 154711. Service of process.
154712. Liability for acts of officers and agents.
154713. Annual report.
In this section, the word ‘‘records’’ is substituted for
‘‘books and records’’ for consistency in the revised title § 154701. Definition
and with other titles of the United States Code. The
words ‘‘Nothing in this section shall be construed to For purposes of this chapter, ‘‘State’’ includes
contravene any applicable State law’’ are omitted as the District of Columbia and the territories and
unnecessary. possessions of the United States.
In subsection (a)(2), the words ‘‘proceedings of’’ are
substituted for ‘‘proceeding of the corporation involv- (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1437.)
ing’’ for consistency in the revised title and to elimi- HISTORICAL AND REVISION NOTES
nate unnecessary words.
Revised
§ 154510. Service of process Section Source (U.S. Code) Source (Statutes at Large)

The corporation shall comply with the law on 154701 ......... 36:4014. Apr. 6, 1988, Pub. L. 100–281,
§ 15, 102 Stat. 75.
service of process of each State in which it is in-
corporated and each State in which it carries on The words ‘‘the Commonwealth of Puerto Rico, the
activities. Commonwealth of the Northern Mariana Islands’’ are
omitted as included in ‘‘the territories and possessions
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1437.) of the United States’’.
HISTORICAL AND REVISION NOTES
§ 154702. Organization
Revised (a) FEDERAL CHARTER.—Non Commissioned Of-
Section Source (U.S. Code) Source (Statutes at Large)
ficers Association of the United States of Amer-
154510 ......... 36:2804. Oct. 19, 1984, Pub. L. 98–520, ica, Incorporated (in this chapter, the ‘‘corpora-
§ 4, 98 Stat. 2428.
tion’’), a nonprofit corporation incorporated in
The words ‘‘in furtherance of its corporate purposes’’ Texas, is a federally chartered corporation.
are omitted as unnecessary. (b) EXPIRATION OF CHARTER.—If the corpora-
tion does not comply with any provision of this
§ 154511. Liability for acts of officers and agents chapter, the charter granted by this chapter ex-
The corporation is liable for the acts of its of- pires.
ficers and agents acting within the scope of (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1437.)
their authority.
HISTORICAL AND REVISION NOTES
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1437.)
Revised Source (U.S. Code) Source (Statutes at Large)
HISTORICAL AND REVISION NOTES Section

154702(a) ..... 36:4001. Apr. 6, 1988, Pub. L. 100–281,


Revised Source (U.S. Code) Source (Statutes at Large) §§ 1, 16 (last sentence), 18,
Section 102 Stat. 73, 75, 76.
154702(b) ..... 36:4015 (last sen-
154511 ......... 36:2809. Oct. 19, 1984, Pub. L. 98–520, tence).
§ 9, 98 Stat. 2429. 36:4017.

§ 154512. Annual report This section is substituted for the source provisions
for consistency in the revised title and to eliminate un-
The corporation shall submit an annual report necessary and executed words.
to Congress on the activities of the corporation
§ 154703. Purposes
during the prior fiscal year. The report shall be
submitted at the same time as the report of the The purposes of the corporation are as pro-
audit required by section 10101 of this title. The vided in the bylaws and articles of incorporation
report may not be printed as a public document. and include—
Page 227 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 154708
AND ORGANIZATIONS

(1) upholding and defending the Constitution HISTORICAL AND REVISION NOTES
of the United States;
Revised Source (U.S. Code) Source (Statutes at Large)
(2) promoting health, prosperity, and schol- Section
arship among its members and their depend- 154705(a) ..... 36:4006. Apr. 6, 1988, Pub. L. 100–281,
ents and survivors through benevolent pro- §§ 6, 7, 8 (related to direc-
grams; tors and officers), 102
Stat. 74.
(3) assisting veterans and their dependents 154705(b) ..... 36:4007.
154705(c) ..... 36:4008 (related to
and survivors through a service program es- directors and offi-
tablished for that purpose; cers).
(4) improving conditions for service mem-
In subsections (a) and (b), the words ‘‘and in conform-
bers, veterans, and their dependents and sur-
ity with the laws of the State in which it is incor-
vivors; and porated’’ are omitted as unnecessary.
(5) fostering fraternal and social activities
among its members in recognition that coop- § 154706. Powers
erative action is required for the furtherance The corporation has only the powers provided
of their common interests. in its bylaws and articles of incorporation filed
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1437.) in each State in which it is incorporated.
HISTORICAL AND REVISION NOTES
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1438.)
HISTORICAL AND REVISION NOTES
Revised
Section Source (U.S. Code) Source (Statutes at Large)
Revised Source (U.S. Code) Source (Statutes at Large)
154703 ......... 36:4003. Apr. 6, 1988, Pub. L. 100–281, Section
§ 3, 102 Stat. 73.
154706 ......... 36:4002. Apr. 6, 1988, Pub. L. 100–281,
§ 2, 102 Stat. 73.

§ 154704. Membership The words ‘‘and subject to the laws of such State’’ are
omitted as unnecessary.
(a) ELIGIBILITY.—Except as provided in this
chapter, eligibility for membership in the cor- § 154707. Exclusive right to name, seals, emblems,
poration and the rights and privileges of mem- and badges
bers are as provided in the constitution and by- The corporation has the exclusive right to use
laws of the corporation. the names ‘‘The Non Commissioned Officers As-
(b) NONDISCRIMINATION.—The terms of mem- sociation of the United States of America’’,
bership may not discriminate on the basis of ‘‘Non Commissioned Officers Association of the
race, color, religion, sex, disability, age, or na- United States of America’’, ‘‘Non Commissioned
tional origin. Officers Association’’, and ‘‘NCOA’’, and seals,
emblems, and badges the corporation adopts.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1438.)
This section does not affect any vested rights.
HISTORICAL AND REVISION NOTES (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1438.)
Revised HISTORICAL AND REVISION NOTES
Section Source (U.S. Code) Source (Statutes at Large)

154704(a) ..... 36:4005. Apr. 6, 1988, Pub. L. 100–281, Revised Source (U.S. Code) Source (Statutes at Large)
§§ 5, 8 (related to member- Section
ship), 102 Stat. 73, 74.
154704(b) ..... 36:4008 (related to 154707 ......... 36:4016. Apr. 6, 1988, Pub. L. 100–281,
membership). § 17, 102 Stat. 75.

In subsection (a), the words ‘‘Except as provided in The words ‘‘sole’’ and ‘‘may lawfully’’ are omitted as
this chapter’’ are substituted for ‘‘Except as provided unnecessary. The words ‘‘This section does not affect
in section 4008 of this title’’ for consistency in the re- any vested rights’’ are substituted for ‘‘Nothing in this
vised title. section may be construed to conflict or interfere with
established or vested rights’’ for consistency in the re-
In subsection (b), the words ‘‘The terms of member-
vised title and to eliminate unnecessary words.
ship’’ are substituted for ‘‘In establishing the condi-
tions of membership in the corporation’’ for consist- § 154708. Restrictions
ency in the revised title and to eliminate unnecessary
words. (a) STOCK AND DIVIDENDS.—The corporation
may not issue stock or declare or pay a divi-
dend.
§ 154705. Governing body (b) DISTRIBUTION OF INCOME OR ASSETS.—The
(a) BOARD OF DIRECTORS.—The board of direc- income or assets of the corporation may not
tors and the responsibilities of the board are as inure to the benefit of, or be distributed to, a di-
provided in the articles of incorporation. rector, officer, or member during the life of the
(b) OFFICERS.—The officers and the election of charter granted by this chapter. This subsection
officers are as provided in the articles of incor- does not prevent the payment of reasonable
poration. compensation to an officer or reimbursement for
(c) NONDISCRIMINATION.—The requirements for actual necessary expenses in amounts approved
serving as a director or officer may not discrimi- by the board of directors.
nate on the basis of race, color, religion, sex, (c) LOANS.—The corporation may not make a
loan to a director, officer, or employee.
disability, age, or national origin.
(d) CLAIM OF GOVERNMENTAL APPROVAL OR AU-
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1438.) THORITY.—The corporation may not claim con-
§ 154709 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 228
AND ORGANIZATIONS

gressional approval or the authority of the HISTORICAL AND REVISION NOTES


United States Government for any of its activi-
Revised
ties. Section Source (U.S. Code) Source (Statutes at Large)

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1438.) 154711 ......... 36:4004. Apr. 6, 1988, Pub. L. 100–281,
§ 4, 102 Stat. 73.
HISTORICAL AND REVISION NOTES
The words ‘‘in furtherance of its corporate purposes’’
Revised Source (U.S. Code) Source (Statutes at Large) are omitted as unnecessary.
Section

154708 ......... 36:4009. Apr. 6, 1988, Pub. L. 100–281, § 154712. Liability for acts of officers and agents
§ 9, 102 Stat. 74.
The corporation is liable for the acts of its of-
In subsection (a), the words ‘‘any shares of’’ are omit- ficers and agents acting within the scope of
ted as unnecessary. their authority.
In subsection (b), the words ‘‘inure to the benefit of’’
are substituted for ‘‘inure to’’ for consistency in the re- (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1439.)
vised title.
HISTORICAL AND REVISION NOTES

§ 154709. Duty to maintain tax-exempt status Revised Source (U.S. Code) Source (Statutes at Large)
Section
The corporation shall maintain its status as 154712 ......... 36:4010. Apr. 6, 1988, Pub. L. 100–281,
an organization exempt from taxation under the § 10, 102 Stat. 74.
Internal Revenue Code of 1986 (26 U.S.C. 1 et
seq.). § 154713. Annual report
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1438.) The corporation shall submit an annual report
HISTORICAL AND REVISION NOTES
to Congress on the activities of the corporation
during the prior fiscal year. The report shall be
Revised Source (U.S. Code) Source (Statutes at Large) submitted at the same time as the report of the
Section
audit required by section 10101 of this title. The
154709 ......... 36:4015 (1st sen- Apr. 6, 1988, Pub. L. 100–281, report may not be printed as a public document.
tence). § 16 (1st sentence), 102
Stat. 75. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1439.)
HISTORICAL AND REVISION NOTES
§ 154710. Records and inspection Revised
Section Source (U.S. Code) Source (Statutes at Large)
(a) RECORDS.—The corporation shall keep—
(1) correct and complete records of account; 154713 ......... 36:4012. Apr. 6, 1988, Pub. L. 100–281,
§ 13, 102 Stat. 75.
(2) minutes of the proceedings of its mem-
bers, board of directors, and committees hav-
TERMINATION OF REPORTING REQUIREMENTS
ing any of the authority of its board of direc-
tors; and For termination, effective May 15, 2000, of reporting
(3) at its principal office, a record of the provisions in this section, see section 3003 of Pub. L.
104–66, as amended, set out as a note under section 1113
names and addresses of its members entitled
of Title 31, Money and Finance, and page 205 of House
to vote. Document No. 103–7.
(b) INSPECTION.—A member entitled to vote, or
an agent or attorney of the member, may in- CHAPTER 1601—[RESERVED]
spect the records of the corporation for any
CHAPTER 1701—PARALYZED VETERANS OF
proper purpose, at any reasonable time.
AMERICA
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1439.)
Sec.
HISTORICAL AND REVISION NOTES 170101. Organization.
170102. Purposes.
Revised Source (U.S. Code) Source (Statutes at Large) 170103. Membership.
Section
170104. Powers.
154710 ......... 36:4011. Apr. 6, 1988, Pub. L. 100–281, 170105. Exclusive right to name, seals, emblems, and
§ 11, 102 Stat. 74. badges.
170106. Restrictions.
The word ‘‘records’’ is substituted for ‘‘books and 170107. Headquarters and principal place of business.
records’’ for consistency in the revised title and with 170108. Records and inspection.
other titles of the United States Code. The words 170109. Service of process.
‘‘Nothing in this section shall be construed to con- 170110. Liability for acts of officers and agents.
travene any applicable State law’’ are omitted as un- 170111. Distribution of assets on dissolution or final
necessary. liquidation.

§ 170101. Organization
§ 154711. Service of process
(a) FEDERAL CHARTER.—Paralyzed Veterans of
The corporation shall comply with the law on
America (in this chapter, the ‘‘corporation’’) is
service of process of each State in which it is in-
a federally chartered corporation.
corporated and each State in which it carries on
(b) PERPETUAL EXISTENCE.—Except as other-
activities.
wise provided, the corporation has perpetual ex-
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1439.) istence.
Page 229 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 170104
AND ORGANIZATIONS

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1439.) (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1440.)
HISTORICAL AND REVISION NOTES HISTORICAL AND REVISION NOTES

Revised Source (U.S. Code) Source (Statutes at Large) Revised Source (U.S. Code) Source (Statutes at Large)
Section Section

170101(a) ..... 36:1151. Aug. 11, 1971, Pub. L. 92–93, 170103 ......... 36:1157. Aug. 11, 1971, Pub. L. 92–93,
§§ 1, 2, 4 (related to perpet- § 7, 85 Stat. 318.
ual succession), 85 Stat.
317.
36:1152. In clause (1), the words ‘‘citizen of the United States’’
170101(b) ..... 36:1154 (related to are substituted for ‘‘American citizen’’ for consistency
perpetual succes- in the revised title and with other titles of the United
sion). States Code.
Clause (3)(A) is substituted for ‘‘Service with the
Subsection (a) is substituted for the source provisions Armed Forces must have been terminated by discharge
for consistency in the revised title and to eliminate ex- or separation from service under conditions other than
ecuted and unnecessary language. dishonorable’’ to eliminate unnecessary words.
Subsection (b) is substituted for ‘‘shall have perpet- Clause (3)(B) is substituted for ‘‘Provided, however,
ual succession’’ for consistency in the revised title. That persons otherwise eligible for membership who
are on active duty or who must continue to serve after
§ 170102. Purposes the cessation of hostilities are also eligible for mem-
The purposes of the corporation are— bership’’ to eliminate unnecessary words.
(1) to preserve the great and basic truths and TRANSFER OF FUNCTIONS
enduring principles on which this Nation was
founded; For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities
(2) to form a national association for the
and functions of the Secretary of Transportation relat-
benefit of individuals who have suffered inju- ing thereto, to the Department of Homeland Security,
ries or diseases of the spinal cord; and for treatment of related references, see sections
(3) to acquaint the public with the needs and 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu-
problems of paraplegics; rity, and the Department of Homeland Security Reor-
(4) to promote medical research in the sev- ganization Plan of November 25, 2002, as modified, set
eral fields connected with injuries and diseases out as a note under section 542 of Title 6.
of the spinal cord, including research in neuro-
surgery and orthopedics and in genitourinary § 170104. Powers
and orthopedic appliances; and (a) SPECIFIC POWERS.—The corporation may—
(5) to advocate and foster complete and ef- (1) adopt and amend a constitution and by-
fective reconditioning programs for paraple- laws;
gics, including a thorough physical recondi- (2) adopt and alter a corporate seal, em-
tioning program, physiotherapy, competent blems, and badges;
walking instructions, adequate guidance (both (3) choose officers, representatives, and
vocational and educational), academic and vo- agents as necessary to carry out the purposes
cational education (both in hospitals and in of the corporation;
educational institutions), psychological ori- (4) make contracts;
entation and readjustment to family and (5) accept gifts, legacies, and devises that
friends, and occupational therapy (both func- will further the purposes of the corporation;
tional and diversional). (6) acquire, own, lease, encumber, and trans-
fer property as necessary to carry out the pur-
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1439.) poses of the corporation;
HISTORICAL AND REVISION NOTES (7) borrow money, issue instruments of in-
debtedness, and secure its obligations by
Revised Source (U.S. Code) Source (Statutes at Large) granting security interests in its property;
Section
(8) establish, regulate, and discontinue sub-
170102 ......... 36:1153. Aug. 11, 1971, Pub. L. 92–93, ordinate State and regional organizations and
§ 3, 85 Stat. 317. local chapters or posts;
(9) establish and maintain offices to conduct
Before clause (1), the word ‘‘objects’’ is omitted as in-
cluded in ‘‘purposes’’. the affairs of the corporation;
(10) publish a magazine, newspaper, and
§ 170103. Membership other publications;
(11) sue and be sued; and
An individual is eligible for membership in the (12) do any other act necessary and proper to
corporation if the individual— carry out the purposes of the corporation.
(1) is a citizen of the United States;
(2) was regularly enlisted, inducted, or com- (b) PRIVILEGES OF OTHER NATIONAL VETERANS’
missioned, and was accepted for or on active ORGANIZATIONS.—Privileges granted to other na-
duty, in the Army, Navy, Marine Corps, Air tional veterans’ organizations as a result of
Force, or Coast Guard of the United States or their being incorporated by Congress are also
an ally of the United States; granted to the corporation.
(3)(A) was separated from service in the (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1440.)
Armed Forces under conditions other than dis-
honorable; or HISTORICAL AND REVISION NOTES
(B) is on active duty or must continue to
Revised
serve after the cessation of hostilities; and Section Source (U.S. Code) Source (Statutes at Large)
(4) has suffered a spinal cord injury or dis-
170104(a) ..... 36:1154 (less perpet- Aug. 11, 1971, Pub. L. 92–93,
ease, whether or not service connected in ori- ual succession). §§ 4 (less perpetual succes-
gin. sion), 13, 85 Stat. 317, 319.
§ 170105 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 230
AND ORGANIZATIONS

HISTORICAL AND REVISION NOTES—Continued a loan, and officers who participate in making
the loan, are jointly and severally liable to the
Revised
Section Source (U.S. Code) Source (Statutes at Large) corporation for the amount of the loan until it
is repaid.
170104(b) ..... 36:1163.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1441.)
In subsection (a)(1), the word ‘‘amend’’ is substituted
for ‘‘alter’’ for consistency in the revised title. The HISTORICAL AND REVISION NOTES
words ‘‘not inconsistent with law’’ are omitted as un- Revised
necessary. Section Source (U.S. Code) Source (Statutes at Large)
In subsection (a)(6), the words ‘‘acquire, own, lease,
encumber, and transfer’’ are substituted for ‘‘acquire, 170106(a), 36:1155. Aug. 11, 1971, Pub. L. 92–93,
(b). §§ 5, 6, 14, 85 Stat. 318, 319.
hold, and dispose of’’ for consistency in the revised 170106(c) ..... 36:1156.
title. The words ‘‘such real and personal’’ and ‘‘as may 170106(d) ..... 36:1164(a).
be’’ are omitted as unnecessary. 170106(e) ..... 36:1164(b).
In subsection (a)(7), the words ‘‘for the purposes of
In subsection (a), the words ‘‘pecuniary’’ and ‘‘or
the corporation’’ are omitted as unnecessary. The
gain’’ are omitted as unnecessary.
words ‘‘issue instruments of indebtedness, and secure In subsection (b), the word ‘‘capital’’ is omitted as
its obligations by granting security interests in its unnecessary.
property’’ are substituted for ‘‘issue bonds therefor, In subsection (c), the words ‘‘as an organization’’ are
and secure the same by mortgage’’ for consistency in omitted as unnecessary.
the revised title. The words ‘‘subject in every case to In subsection (d), the words ‘‘inure to the benefit of’’
all applicable provisions of Federal and State law’’ are are substituted for ‘‘inure to’’ for consistency in the re-
omitted as unnecessary. vised title.
In subsection (a)(12), the words ‘‘any other act’’ are
substituted for ‘‘any and all acts and things’’ for con- § 170107. Headquarters and principal place of
sistency in the revised title and to eliminate unneces- business
sary words. The words ‘‘objects and’’ are omitted as un-
necessary. The headquarters and principal place of busi-
In subsection (b), the words ‘‘Such provisions’’, ‘‘and ness of the corporation shall be in the District
prerogatives’’, ‘‘heretofore’’, and ‘‘hereby’’ are omitted of Columbia. However, the activities of the cor-
as unnecessary. poration are not confined to the District of Co-
lumbia but may be conducted throughout the
§ 170105. Exclusive right to name, seals, emblems, States, territories, and possessions of the United
and badges States.
The corporation and its State and regional or- (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1441.)
ganizations and local chapters or posts have the
exclusive right to use the name ‘‘Paralyzed Vet- HISTORICAL AND REVISION NOTES
erans of America’’ and seals, emblems, and Revised Source (U.S. Code) Source (Statutes at Large)
badges the corporation lawfully adopts. Section

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1441.) 170107 ......... 36:1158. Aug. 11, 1971, Pub. L. 92–93,
§ 8, 85 Stat. 318.
HISTORICAL AND REVISION NOTES
The words ‘‘activities of the corporation are not con-
Revised
Source (U.S. Code) Source (Statutes at Large) fined to the District of Columbia but may be’’ are sub-
Section stituted for ‘‘activities of said organization, as set out
170105 ......... 36:1160. Aug. 11, 1971, Pub. L. 92–93, herein, shall not be confined to said city, but shall be’’
§ 10, 85 Stat. 318. for consistency in the revised title.

The words ‘‘sole’’, ‘‘have and’’, and ‘‘in carrying out § 170108. Records and inspection
its purposes’’ are omitted as unnecessary.
(a) RECORDS.—The corporation shall keep—
§ 170106. Restrictions (1) correct and complete records of account;
(2) minutes of the proceedings of its mem-
(a) PROFIT.—The corporation may not engage bers, executive committee, and committees
in business for profit. having any of the authority of its executive
(b) STOCK.—The corporation may not issue committee; and
stock. (3) at its principal office, a record of the
(c) POLITICAL ACTIVITIES.—The corporation names and addresses of its members entitled
shall be nonpolitical and may not provide finan- to vote.
cial aid to, or otherwise promote the candidacy (b) INSPECTION.—A member entitled to vote, or
of, an individual seeking public office. an agent or attorney of the member, may in-
(d) DISTRIBUTION OF INCOME OR ASSETS.—The spect the records of the corporation for any
income or assets of the corporation may not proper purpose, at any reasonable time.
inure to the benefit of, or be distributed to, a di-
rector, officer, member, or employee during the (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1441.)
life of the corporation or on its dissolution or HISTORICAL AND REVISION NOTES
final liquidation. This subsection does not pre-
vent the payment of reasonable compensation to Revised Source (U.S. Code) Source (Statutes at Large)
Section
an officer or employee or reimbursement for ac-
tual necessary expenses in amounts approved by 170108 ......... 36:1161. Aug. 11, 1971, Pub. L. 92–93,
§ 11, 85 Stat. 318.
the board of directors.
(e) LOANS.—The corporation may not make a In this section, the word ‘‘records’’ is substituted for
loan to a director, officer, member, or employee. ‘‘books and records’’ for consistency in the revised title
Directors who vote for or assent to making such and with other titles of the United States Code.
Page 231 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 170303
AND ORGANIZATIONS

In subsection (a)(3), the words ‘‘registered office or’’ Sec.


are omitted for consistency in the revised title. 170302. Organization.
170303. Purposes.
§ 170109. Service of process 170304. Membership.
170305. Governing body.
As a condition to the exercise of any power or 170306. Powers.
privilege granted by this chapter, the corpora- 170307. Exclusive right to name, seals, emblems, and
tion shall file, with the secretary of state or badges.
other designated official of each State, terri- 170308. Restrictions.
tory, or possession of the United States in which 170309. Duty to maintain tax-exempt status.
an organization, chapter, or post is organized, 170310. Records and inspection.
the name and address of an agent in that State, 170311. Service of process.
territory, or possession on whom legal process 170312. Liability for acts of officers and agents.
or demands against the corporation may be 170313. Annual report.
served. § 170301. Definition
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1441.)
For purposes of this chapter, ‘‘State’’ includes
HISTORICAL AND REVISION NOTES the District of Columbia and the territories and
possessions of the United States.
Revised Source (U.S. Code) Source (Statutes at Large)
Section (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1442.)
170109 ......... 36:1162. Aug. 11, 1971, Pub. L. 92–93,
§ 12, 85 Stat. 318. HISTORICAL AND REVISION NOTES

The words ‘‘precedent’’, ‘‘herein’’, and ‘‘or conferred’’ Revised Source (U.S. Code) Source (Statutes at Large)
Section
are omitted as unnecessary. The words ‘‘with the sec-
retary of state or other designated official’’ are sub- 170301 ......... 36:3613. Oct. 7, 1985, Pub. L. 99–119,
stituted for ‘‘in the office of the Secretary’’ for consist- § 14, 99 Stat. 500.
ency in the revised title. The words ‘‘post office’’ and
‘‘authorized’’ are omitted as unnecessary. The words The words ‘‘the Commonwealth of Puerto Rico, the
‘‘legal process’’ are substituted for ‘‘local process’’ for Commonwealth of the Northern Mariana Islands’’ are
consistency in the revised title. omitted as included in ‘‘the territories and possessions
of the United States’’.
§ 170110. Liability for acts of officers and agents
§ 170302. Organization
The corporation is liable for the acts of its of-
ficers and agents acting within the scope of (a) FEDERAL CHARTER.—Pearl Harbor Sur-
their authority. vivors Association (in this chapter, the ‘‘cor-
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1442.) poration’’), a nonprofit corporation incorporated
in Missouri, is a federally chartered corporation.
HISTORICAL AND REVISION NOTES (b) EXPIRATION OF CHARTER.—If the corpora-
Revised
tion does not comply with any provision of this
Section Source (U.S. Code) Source (Statutes at Large) chapter, the charter granted by this chapter ex-
pires.
170110 ......... 36:1165. Aug. 11, 1971, Pub. L. 92–93,
§ 15, 85 Stat. 319. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1442.)
§ 170111. Distribution of assets on dissolution or HISTORICAL AND REVISION NOTES
final liquidation
Revised Source (U.S. Code) Source (Statutes at Large)
Section
On dissolution or final liquidation of the cor-
poration, any assets remaining after the dis- 170302(a) ..... 36:3601. Oct. 7, 1985, Pub. L. 99–119,
charge or satisfactory provision for discharge of §§ 1, 17, 99 Stat. 498, 501.
170302(b) ..... 36:3616.
all liabilities shall be transferred to the Sec-
retary of Veterans Affairs to be applied to the This section is substituted for the source provisions
care and comfort of paralyzed veterans. for consistency in the revised title.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1442.)
§ 170303. Purposes
HISTORICAL AND REVISION NOTES
The purposes of the corporation are as pro-
Revised Source (U.S. Code) Source (Statutes at Large)
vided in its articles of incorporation and in-
Section clude—
170111 ......... 36:1159. Aug. 11, 1971, Pub. L. 92–93, (1) upholding and defending the Constitution
§ 9, 85 Stat. 318; June 13, of the United States;
1991, Pub. L. 102–54,
§ 13(n)(5), 105 Stat. 278. (2) collating, preserving, and encouraging
the study of historical episodes, chronicles,
The words ‘‘dissolution or final liquidation’’ are sub- mementos, and events pertaining to ‘‘The Day
stituted for ‘‘final dissolution or liquidation’’ for con- of Infamy, 7 December 1941’’, and in particular
sistency in the revised title. The words ‘‘Secretary of
Veterans Affairs’’ are substituted for ‘‘Department of those memories and records of patriotic serv-
Veterans Affairs’’ because under 38:303 the Secretary is ice performed by the heroic Pearl Harbor sur-
the head of the Department. vivors and nonsurvivors;
(3) shielding from neglect the graves, past
CHAPTER 1703—PEARL HARBOR SURVIVORS and future, of those who served at Pearl Har-
ASSOCIATION bor on that day;
Sec. (4) stimulating communities and political
170301. Definition. subdivisions into taking more interest in the
§ 170304 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 232
AND ORGANIZATIONS

affairs and future of the United States to keep In subsections (a) and (b), the words ‘‘and in conform-
our Nation alert; ity with the laws of the State in which it is incor-
(5) fighting unceasingly for our national se- porated’’ are omitted as unnecessary.
In subsection (a), the words ‘‘composition of’’ are
curity to protect the United States from en- omitted as unnecessary.
emies within and without our borders; In subsection (b), the words ‘‘positions of’’ are omit-
(6) preserving the American way of life and ted as unnecessary.
fostering the spirit and practice of American-
§ 170306. Powers
ism; and
(7) instilling love of country and flag and The corporation has the powers provided in its
promoting soundness of mind and body in the bylaws and articles of incorporation filed in the
youth of our Nation. State in which it is incorporated, including the
power to—
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1442.) (1) adopt and amend a constitution and by-
HISTORICAL AND REVISION NOTES laws for the management of its property and
the regulation of its affairs;
Revised Source (U.S. Code) Source (Statutes at Large) (2) adopt and alter a corporate seal;
Section
(3) adopt emblems and badges;
170303 ......... 36:3603. Oct. 7, 1985, Pub. L. 99–119, (4) establish, maintain, and regulate offices
§ 3, 99 Stat. 498. to conduct the affairs of the corporation;
(5) publish a magazine and other publica-
Before clause (1), the word ‘‘objects’’ is omitted as
tions;
unnecessary.
(6) charge and collect membership dues and
subscription fees and receive contributions or
§ 170304. Membership grants of money or property to be used to
(a) ELIGIBILITY.—Eligibility for membership in carry out the purposes of the corporation;
the corporation and the rights and privileges of (7) accept gifts, legacies, and devises that
members are as provided in the constitution and will further the purposes of the corporation;
bylaws of the corporation. (8) promote the formation of auxiliaries, the
(b) NONDISCRIMINATION.—The terms of mem- membership requirements of which shall be as
bership may not discriminate on the basis of provided in the constitution and the bylaws of
race, color, religion, or national origin. the corporation;
(9) sue and be sued; and
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1443.) (10) do any other act necessary or desirable
to carry out the purposes of the corporation.
HISTORICAL AND REVISION NOTES
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1443.)
Revised
Source (U.S. Code) Source (Statutes at Large)
Section HISTORICAL AND REVISION NOTES
170304(a) ..... 36:3605 (words before Oct. 7, 1985, Pub. L. 99–119, Revised
1st comma). §5 (words before 1st Section Source (U.S. Code) Source (Statutes at Large)
comma, words after 1st
comma related to dis- 170306 ......... 36:3602. Oct. 7, 1985, Pub. L. 99–119,
crimination in member- § 2, 99 Stat. 498.
ship), 99 Stat. 499.
170304(b) ..... 36:3605 (words after
1st comma related Before clause (1), the words ‘‘(hereinafter in this
to discrimination chapter referred to as the ‘corporation’)’’ and ‘‘and sub-
in membership).
ject to the laws of such State’’ are omitted as unneces-
sary.
In clause (1), the words ‘‘alter’’ and ‘‘not inconsistent
§ 170305. Governing body with the laws of the United States or any State in
(a) BOARD OF DIRECTORS.—The board of direc- which the corporation is to operate’’ are omitted as un-
necessary.
tors and the responsibilities of the board are as In clause (2), the word ‘‘use’’ is omitted as unneces-
provided in the articles of incorporation. sary.
(b) OFFICERS.—The officers and the election of In clause (9), the words ‘‘complain, and defend in any
officers are as provided in the articles of incor- court of competent jurisdiction’’ are omitted as unnec-
poration. essary.
(c) NONDISCRIMINATION.—The requirements for In clause (10), the words ‘‘lawful’’, ‘‘and things’’, and
‘‘objects and’’ are omitted as unnecessary.
holding office in the corporation may not dis-
criminate on the basis of race, color, religion, or § 170307. Exclusive right to name, seals, emblems,
national origin. and badges
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1443.) The corporation and its regional districts and
local branches have the exclusive right to use
HISTORICAL AND REVISION NOTES
the name ‘‘Pearl Harbor Survivors Association’’
Revised Source (U.S. Code) Source (Statutes at Large)
and seals, emblems, and badges the corporation
Section adopts.
170305(a) ..... 36:3606. Oct. 7, 1985, Pub. L. 99–119, (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1443.)
§§ 5 (words after 1st
comma related to dis-
crimination in holding of- HISTORICAL AND REVISION NOTES
fice), 6, 7, 99 Stat. 499.
170305(b) ..... 36:3607. Revised
170305(c) ..... 36:3605 (words after Section Source (U.S. Code) Source (Statutes at Large)
1st comma related
to discrimination 170307 ......... 36:3615. Oct. 7, 1985, Pub. L. 99–119,
in holding office). § 16, 99 Stat. 501.
Page 233 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 170313
AND ORGANIZATIONS

The word ‘‘sole’’ is omitted as included in ‘‘exclu- (3) at its principal office, a record of the
sive’’. The words ‘‘in carrying out its purposes’’ are names and addresses of its members entitled
omitted as unnecessary. to vote.
§ 170308. Restrictions (b) INSPECTION.—A member entitled to vote, or
(a) STOCK AND DIVIDENDS.—The corporation an agent or attorney of the member, may in-
may not issue stock or declare or pay a divi- spect the records of the corporation for any
dend. proper purpose, at any reasonable time.
(b) POLITICAL ACTIVITIES.—The corporation or (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1444.)
a director or officer as such may not contribute
to, support, or participate in any political activ- HISTORICAL AND REVISION NOTES
ity or in any manner attempt to influence legis- Revised
lation. Section Source (U.S. Code) Source (Statutes at Large)
(c) DISTRIBUTION OF INCOME OR ASSETS.—The
170310 ......... 36:3610. Oct. 7, 1985, Pub. L. 99–119,
income or assets of the corporation may not § 10, 99 Stat. 500.
inure to the benefit of, or be distributed to, a di-
rector, officer, or member during the life of the The word ‘‘records’’ is substituted for ‘‘books and
charter granted by this chapter or on dissolu- records’’ for consistency in the revised title and with
tion or final liquidation of the corporation. This other titles of the United States Code.
subsection does not prevent the payment of § 170311. Service of process
compensation to an officer or reimbursement for
actual necessary expenses in amounts approved The corporation shall comply with the law on
by the board of directors. service of process of each State in which it is in-
(d) LOANS.—The corporation may not make a corporated and each State in which it carries on
loan to a director, officer, or employee. activities.
(e) CLAIM OF GOVERNMENTAL APPROVAL OR AU-
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1444.)
THORIZATION.—The corporation may not claim
congressional approval or the authority of the HISTORICAL AND REVISION NOTES
United States Government for any of its activi-
Revised
ties. Section Source (U.S. Code) Source (Statutes at Large)

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1443.) 170311 ......... 36:3604. Oct. 7, 1985, Pub. L. 99–119,
§ 4, 99 Stat. 499.
HISTORICAL AND REVISION NOTES
The words ‘‘in furtherance of its corporate purposes’’
Revised Source (U.S. Code) Source (Statutes at Large)
Section are omitted as unnecessary.
170308(a) ..... 36:3608(c). Oct. 7, 1985, Pub. L. 99–119, § 170312. Liability for acts of officers and agents
§ 8, 99 Stat. 499.
170308(b) ..... 36:3608(d). The corporation is liable for the acts of its of-
170308(c) ..... 36:3608(a).
170308(d) ..... 36:3608(b). ficers and agents acting within the scope of
170308(e) ..... 36:3608(e). their authority.
In subsection (a), the words ‘‘any shares of’’ are omit- (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1444.)
ted as unnecessary.
In subsection (b), the words ‘‘as such’’ are substituted HISTORICAL AND REVISION NOTES
for ‘‘acting as such’’ for consistency in the revised
title. Revised
Section Source (U.S. Code) Source (Statutes at Large)
In subsection (c), the words ‘‘inure to the benefit of’’
are substituted for ‘‘inure to’’, and the words ‘‘rendered 170312 ......... 36:3609. Oct. 7, 1985, Pub. L. 99–119,
to the corporation’’ are omitted, for consistency in the § 9, 99 Stat. 500.
revised title.
§ 170313. Annual report
§ 170309. Duty to maintain tax-exempt status
The corporation shall submit an annual report
The corporation shall maintain its status as
to Congress on the activities of the corporation
an organization exempt from taxation under the
during the prior fiscal year. The report shall be
Internal Revenue Code of 1986 (26 U.S.C. 1 et
submitted at the same time as the report of the
seq.).
audit required by section 10101 of this title. The
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1444.) report may not be printed as a public document.
HISTORICAL AND REVISION NOTES (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1444.)
Revised
Source (U.S. Code) Source (Statutes at Large)
HISTORICAL AND REVISION NOTES
Section
Revised Source (U.S. Code) Source (Statutes at Large)
170309 ......... 36:3614. Oct. 7, 1985, Pub. L. 99–119, Section
§ 15, 99 Stat. 500.
170313 ......... 36:3611. Oct. 7, 1985, Pub. L. 99–119,
§ 12, 99 Stat. 500.
§ 170310. Records and inspection
(a) RECORDS.—The corporation shall keep— TERMINATION OF REPORTING REQUIREMENTS
(1) correct and complete records of account; For termination, effective May 15, 2000, of reporting
(2) minutes of the proceedings of its mem- provisions in this section, see section 3003 of Pub. L.
bers, board of directors, and committees hav- 104–66, as amended, set out as a note under section 1113
ing any of the authority of its board of direc- of Title 31, Money and Finance, and page 205 of House
tors; and Document No. 103–7.
§ 170501 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 234
AND ORGANIZATIONS

CHAPTER 1705—POLISH LEGION OF The word ‘‘objects’’ is omitted as unnecessary.


AMERICAN VETERANS, U.S.A.
§ 170504. Membership
Sec.
170501. Definition. (a) ELIGIBILITY.—Except as provided in this
170502. Organization. chapter, eligibility for membership in the cor-
170503. Purposes. poration and the rights and privileges of mem-
170504. Membership. bers are as provided in the constitution and by-
170505. Governing body. laws of the corporation.
170506. Powers. (b) NONDISCRIMINATION.—The terms of mem-
170507. Restrictions. bership may not discriminate on the basis of
170508. Duty to maintain tax-exempt status. race, color, religion, or national origin.
170509. Records and inspection.
170510. Service of process. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1445.)
170511. Liability for acts of officers and agents.
170512. Annual report. HISTORICAL AND REVISION NOTES

Revised
§ 170501. Definition Section Source (U.S. Code) Source (Statutes at Large)

For purposes of this chapter, ‘‘State’’ includes 170504(a) ..... 36:2505 (words before July 23, 1984, Pub. L. 98–372,
the District of Columbia and the territories and 3d comma). §5 (words before 3d
comma, words after 3d
possessions of the United States. comma related to dis-
crimination in member-
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1445.) ship), 98 Stat. 1239.
170504(b) ..... 36:2505 (words after
HISTORICAL AND REVISION NOTES 3d comma related
to discrimination
in membership).
Revised Source (U.S. Code) Source (Statutes at Large)
Section
§ 170505. Governing body
170501 ......... 36:2513. July 23, 1984, Pub. L. 98–372,
§ 14, 98 Stat. 1241.
(a) BOARD OF DIRECTORS.—The board of direc-
The words ‘‘the Commonwealth of Puerto Rico’’ are tors and the responsibilities of the board are as
omitted as included in ‘‘the territories and possessions provided in the articles of incorporation.
of the United States’’. (b) OFFICERS.—The officers and the election of
officers are as provided in the articles of incor-
§ 170502. Organization poration.
(a) FEDERAL CHARTER.—Polish Legion of (c) NONDISCRIMINATION.—The requirements for
American Veterans, U.S.A. (in this chapter, the holding office in the corporation may not dis-
‘‘corporation’’), a nonprofit corporation incor- criminate on the basis of race, color, religion, or
porated in Illinois, is a federally chartered cor- national origin.
poration. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1445.)
(b) EXPIRATION OF CHARTER.—If the corpora-
HISTORICAL AND REVISION NOTES
tion does not comply with any provision of this
chapter, the charter granted by this chapter ex- Revised Source (U.S. Code) Source (Statutes at Large)
pires. Section

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1445.) 170505(a) ..... 36:2506. July 23, 1984, Pub. L. 98–372,
§§ 5 (words after 3d comma
related to discrimination
HISTORICAL AND REVISION NOTES in holding office), 6, 7, 98
Stat. 1239.
Revised 170505(b) ..... 36:2507.
Section Source (U.S. Code) Source (Statutes at Large) 170505(c) ..... 36:2505 (words after
3d comma related
170502(a) ..... 36:2501. July 23, 1984, Pub. L. 98–372, to discrimination
§§ 1, 15 (last sentence), 16, in holding office).
98 Stat. 1239, 1241.
170502(b) ..... 36:2514 (last sen-
tence). In subsections (a) and (b), the words ‘‘and in conform-
36:2515. ity with the laws of the State or States in which it is
incorporated’’ in 36:2506 and ‘‘and in conformity with
This section is substituted for the source provisions the laws of the State or States wherein it is incor-
for consistency in the revised title. porated’’ in 36:2507 are omitted as unnecessary.

§ 170503. Purposes § 170506. Powers

The purposes of the corporation are as pro- The corporation has only the powers provided
vided in its articles of incorporation. The cor- in its bylaws and articles of incorporation filed
poration shall function as a veterans’ and patri- in each State in which it is incorporated.
otic organization as authorized by the laws of (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1445.)
each State in which it is incorporated.
HISTORICAL AND REVISION NOTES
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1445.)
Revised
HISTORICAL AND REVISION NOTES Section Source (U.S. Code) Source (Statutes at Large)

Revised 170506 ......... 36:2502. July 23, 1984, Pub. L. 98–372,


Section Source (U.S. Code) Source (Statutes at Large) § 2, 98 Stat. 1239.

170503 ......... 36:2503. July 23, 1984, Pub. L. 98–372, The words ‘‘and subject to the laws of such State or
§ 3, 98 Stat. 1239.
States’’ are omitted as unnecessary.
Page 235 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 170512
AND ORGANIZATIONS

§ 170507. Restrictions (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1446.)
(a) STOCK AND DIVIDENDS.—The corporation HISTORICAL AND REVISION NOTES
may not issue stock or declare or pay a divi-
Revised
dend. Section Source (U.S. Code) Source (Statutes at Large)
(b) POLITICAL ACTIVITIES.—The corporation or
a director or officer as such may not contribute 170509 ......... 36:2510. July 23, 1984, Pub. L. 98–372,
§ 10, 98 Stat. 1240.
to, support, or participate in any political activ-
ity or in any manner attempt to influence legis- In this section, the word ‘‘records’’ is substituted for
lation. ‘‘books and records’’ for consistency in the revised title
(c) DISTRIBUTION OF INCOME OR ASSETS.—The and with other titles of the United States Code. The
income or assets of the corporation may not words ‘‘Nothing in this section shall be construed to
inure to the benefit of, or be distributed to, a di- contravene any applicable State law’’ are omitted as
unnecessary.
rector, officer, or member during the life of the
charter granted by this chapter. This subsection § 170510. Service of process
does not prevent the payment of reasonable
compensation to an officer or reimbursement for The corporation shall comply with the law on
actual necessary expenses in amounts approved service of process of each State in which it is in-
by the board of directors. corporated and each State in which it carries on
(d) LOANS.—The corporation may not make a activities.
loan to a director, officer, or employee. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1446.)
(e) CLAIM OF GOVERNMENTAL APPROVAL OR AU-
THORIZATION.—The corporation may not claim HISTORICAL AND REVISION NOTES
congressional approval or the authority of the Revised Source (U.S. Code) Source (Statutes at Large)
United States Government for any of its activi- Section
ties. 170510 ......... 36:2504. July 23, 1984, Pub. L. 98–372,
§ 4, 98 Stat. 1239.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1445.)
HISTORICAL AND REVISION NOTES The words ‘‘in furtherance of its corporate purposes’’
are omitted as unnecessary.
Revised
Source (U.S. Code) Source (Statutes at Large)
Section § 170511. Liability for acts of officers and agents
170507(a) ..... 36:2508(d). July 23, 1984, Pub. L. 98–372, The corporation is liable for the acts of its of-
§ 8, 98 Stat. 1240.
170507(b) ..... 36:2508(c). ficers and agents acting within the scope of
170507(c) ..... 36:2508(a). their authority.
170507(d) ..... 36:2508(b).
170507(e) ..... 36:2508(e). (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1446.)
In subsection (a), the words ‘‘any shares of’’ are omit- HISTORICAL AND REVISION NOTES
ted as unnecessary.
In subsection (c), the words ‘‘inure to the benefit of’’ Revised
Section Source (U.S. Code) Source (Statutes at Large)
are substituted for ‘‘inure to’’ for consistency in the re-
vised title. 170511 ......... 36:2509. July 23, 1984, Pub. L. 98–372,
§ 9, 98 Stat. 1240.
§ 170508. Duty to maintain tax-exempt status
The corporation shall maintain its status as § 170512. Annual report
an organization exempt from taxation under the The corporation shall submit an annual report
Internal Revenue Code of 1986 (26 U.S.C. 1 et to Congress on the activities of the corporation
seq.). during the prior fiscal year. The report shall be
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1446.) submitted at the same time as the report of the
audit required by section 10101 of this title. The
HISTORICAL AND REVISION NOTES report may not be printed as a public document.
Revised
Source (U.S. Code) Source (Statutes at Large) (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1446.)
Section
HISTORICAL AND REVISION NOTES
170508 ......... 36:2514 (1st sen- July 23, 1984, Pub. L. 98–372,
tence). § 15 (1st sentence), 98 Stat.
1241. Revised
Section Source (U.S. Code) Source (Statutes at Large)

§ 170509. Records and inspection 170512 ......... 36:2511. July 23, 1984, Pub. L. 98–372,
§ 12, 98 Stat. 1240.
(a) RECORDS.—The corporation shall keep—
(1) correct and complete records of account; TERMINATION OF REPORTING REQUIREMENTS
(2) minutes of the proceedings of its mem- For termination, effective May 15, 2000, of reporting
bers, board of directors, and committees hav- provisions in this section, see section 3003 of Pub. L.
ing any of the authority of its board of direc- 104–66, as amended, set out as a note under section 1113
tors; and of Title 31, Money and Finance, and page 206 of House
(3) at its principal office, a record of the Document No. 103–7.
names and addresses of its members entitled CHAPTER 1801—[RESERVED]
to vote.
(b) INSPECTION.—A member entitled to vote, or CHAPTER 1901—RESERVE OFFICERS
an agent or attorney of the member, may in- ASSOCIATION OF THE UNITED STATES
spect the records of the corporation for any Sec.
proper purpose, at any reasonable time. 190101. Organization.
§ 190101 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 236
AND ORGANIZATIONS

Sec. § 190104. Governing body


190102. Purposes.
190103. Membership. (a) NATIONAL CONVENTION.—The corporation
190104. Governing body. shall hold an annual national convention. The
190105. Powers. national convention shall be composed of dele-
190106. Exclusive right to name, seals, emblems, and gates elected by the various departments.
badges. (b) NATIONAL EXECUTIVE COMMITTEE.—(1) The
190107. Restrictions. national executive committee is the governing
190108. Headquarters.
body of the corporation.
190109. Records and inspection.
190110. Service of process.
(2) The national executive committee consists
190111. Liability for acts of officers and agents. of the president, the last past president, 3 vice
190112. Distribution of assets on dissolution or final presidents, 3 junior vice presidents, 3 national
liquidation. executive committee members, and the execu-
tive director. Each of these individuals, except
§ 190101. Organization the executive director, has one vote on each
matter decided by the committee.
(a) FEDERAL CHARTER.—Reserve Officers Asso- (c) OFFICERS.—(1) The officers of the corpora-
ciation of the United States (in this chapter, the tion are a president, 3 vice presidents, 3 junior
‘‘corporation’’) is a federally chartered corpora- vice presidents, 3 national executive committee
tion. members, an executive director, a national
(b) PERPETUAL EXISTENCE.—Except as other- treasurer, a judge advocate, a surgeon, a chap-
wise provided, the corporation has perpetual ex- lain, a historian, a public relations officer, and
istence. other officers as decided at the national conven-
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1447.) tion.
(2) The national officers of the corporation
HISTORICAL AND REVISION NOTES shall be elected at the annual national conven-
tion, except for the executive director, the na-
Revised
Section Source (U.S. Code) Source (Statutes at Large) tional treasurer, and the national public rela-
tions officer, who shall be appointed by the na-
190101 ......... 36:221. June 30, 1950, ch. 431, §§ 1, 2, tional executive committee.
4 (related to perpetual
succession), 64 Stat. 312, (3) The elected officers shall hold office for one
313. year or until their successors have been elected
36:222.
36:224 (related to and qualified.
perpetual succes- (d) VACANCIES.—(1) Except for the positions of
sion).
president and last past president, a vacancy on
This section is substituted for the source provisions the national executive committee shall be filled
for consistency in the revised title and to eliminate un- by the existing members of the committee. An
necessary and executed words. individual appointed by the committee to fill a
vacancy serves until the next national conven-
§ 190102. Purposes tion when the individual’s successor shall be
elected for the unexpired term, if any, caused by
The purposes of the corporation are to support the vacancy.
and promote the development and execution of a (2) If the president is absent or the office of
military policy for the United States that will president is vacant, the national vice president
provide adequate national security. of the same service as the president shall act as
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1447.) president.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1447.)
HISTORICAL AND REVISION NOTES
HISTORICAL AND REVISION NOTES
Revised Source (U.S. Code) Source (Statutes at Large)
Section
Revised
Section Source (U.S. Code) Source (Statutes at Large)
190102 ......... 36:223. June 30, 1950, ch. 431, § 3, 64
Stat. 313.
190104(a) ..... 36:227(b) (1st sen- June 30, 1950, ch. 431, §§ 6,
tence 12th–14th 7(a)–(d), 64 Stat. 313.
The word ‘‘object’’ is omitted as unnecessary. words), (c).
190104(b) ..... 36:227(a), (d).
190104(c)(1) 36:226.
§ 190103. Membership 190104(c)(2) 36:227(b) (1st sen-
tence 1st–14th
words, 32d–last
(a) ELIGIBILITY.—Eligibility for membership in words).
the corporation is as provided in the constitu- 190104(c)(3) 36:227(b) (1st sen-
tence 15th–31st
tion and bylaws of the corporation. words).
(b) VOTING.—Each active member of a depart- 190104(d)(1) 36:227(b) (2d, 3d sen-
tences).
ment or chapter has one vote in the conduct of 190104(d)(2) 36:227(b) (last sen-
official business of that department or chapter. tence).

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1447.) In subsection (a), the first sentence is added for clar-
ity and is implied by 36:227(b) (12th–14th words).
HISTORICAL AND REVISION NOTES In subsection (b), the text of 36:227(d) is omitted as
Revised
obsolete.
Section Source (U.S. Code) Source (Statutes at Large) In subsection (c)(3), the word ‘‘duly’’ is omitted as un-
necessary.
190103(a) ..... 36:225. June 30, 1950, ch. 431, §§ 5, In subsection (d)(1), the words ‘‘In the event of the
7(e), 64 Stat. 313, 314. death, inability to serve, or resignation’’ are omitted as
190103(b) ..... 36:227(e).
unnecessary.
Page 237 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 190109
AND ORGANIZATIONS

In subsection (d)(2), the words ‘‘If the president is ab- (b) STOCK.—The corporation may not issue
sent or the office of president is vacant’’ are sub- stock.
stituted for ‘‘in the event of his death, inability to (c) POLITICAL ACTIVITIES.—The corporation or
serve, resignation, or absence’’, and the words ‘‘act as
an officer or member as such may not contrib-
president’’ are substituted for ‘‘assume the duties and
have the powers of the president’’, to eliminate unnec- ute to, support, or assist a political party or
essary words. candidate for public office.
(d) DISTRIBUTION OF INCOME OR ASSETS.—The
§ 190105. Powers income or assets of the corporation may not
The corporation may— inure to the benefit of, or be distributed to, an
(1) adopt and amend a constitution and by- officer or member except on dissolution or final
laws; liquidation of the corporation.
(2) adopt and alter a corporate seal; (e) LOANS.—The corporation may not make a
(3) adopt and alter emblems and badges; loan or advance to an officer or member of the
(4) acquire, own, lease, encumber, and trans- national executive committee. Members of the
fer property as necessary to carry out the pur- national executive committee who vote for or
poses of the corporation; assent to making a loan or advance to an offi-
(5) publish a magazine, newspaper, and other cer, and officers who participate in making the
publications; loan or advance, are jointly and severally liable
(6) establish, regulate, and discontinue sub- to the corporation for the amount of the loan or
ordinate departmental subdivisions and local advance until it is repaid.
chapters; (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1448.)
(7) sue and be sued; and
(8) do any other act necessary and proper to HISTORICAL AND REVISION NOTES
carry out the purposes of the corporation. Revised
Section Source (U.S. Code) Source (Statutes at Large)
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1447.)
190107(a), 36:229. June 30, 1950, ch. 431, §§ 9, 10,
HISTORICAL AND REVISION NOTES (b). 11 (words before 2d
comma), 14, 64 Stat. 314.
Revised 190107(c) ..... 36:230.
Section Source (U.S. Code) Source (Statutes at Large) 190107(d) ..... 36:231 (words before
2d comma).
190105 ......... 36:224 (less perpet- June 30, 1950, ch. 431, §§ 4 190107(e) ..... 36:234.
ual succession). (less perpetual succes-
sion), 8, 64 Stat. 313, 314. In subsection (a), the words ‘‘pecuniary’’ and ‘‘or
36:228.
gain’’ are omitted as unnecessary.
In subsection (b), the word ‘‘capital’’ is omitted as
In this section, the text of 36:228 is omitted as exe- unnecessary.
cuted and obsolete. In subsection (d), the words ‘‘inure to the benefit of’’
In clause (1), the words ‘‘not inconsistent with the are substituted for ‘‘inure to’’ for consistency in the re-
laws of the United States or of any State’’ are omitted vised title.
as unnecessary. In subsection (e), the words ‘‘or advance’’ are added
Clause (4) is substituted for ‘‘acquire, hold, lease, and in 2 places for consistency in the subsection.
dispose of such real and personal property as may be
necessary to carry out the corporate object and pur-
pose’’ and ‘‘accept gifts, legacies, and devises in fur- § 190108. Headquarters
therance of the corporate object and purpose’’ for con- The headquarters of the corporation shall be
sistency in the revised title and to eliminate unneces-
in the District of Columbia.
sary words.
In clause (8), the words ‘‘and all . . . and things’’ and (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1448.)
‘‘object’’ are omitted as unnecessary.
HISTORICAL AND REVISION NOTES
§ 190106. Exclusive right to name, seals, emblems,
and badges Revised Source (U.S. Code) Source (Statutes at Large)
Section
The corporation and its subordinate depart- 190108 ......... 36:236 (1st sentence). June 30, 1950, ch. 431, § 16
mental subdivisions and local chapters have the (1st sentence), 64 Stat. 315
exclusive right to use the name ‘‘Reserve Offi-
cers Association of the United States’’ and seals, The word ‘‘national’’ is omitted as unnecessary.
emblems, and badges the corporation adopts.
§ 190109. Records and inspection
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1448.)
(a) RECORDS.—The corporation shall keep—
HISTORICAL AND REVISION NOTES (1) correct and complete records of account;
(2) minutes of the proceedings of its national
Revised
Section Source (U.S. Code) Source (Statutes at Large) conventions, national executive committee,
and national council; and
190106 ......... 36:238. June 30, 1950, ch. 431, § 18, 64
Stat. 315. (3) at its principal office, a record of the
names and addresses of its members entitled
The words ‘‘sole’’, ‘‘to have, and’’, ‘‘in carrying out to vote.
its object and purpose’’, and ‘‘lawfully’’ are omitted as
unnecessary. (b) INSPECTION.—A member entitled to vote, or
an agent or attorney of the member, may in-
§ 190107. Restrictions spect the records of the corporation for any
proper purpose, at any reasonable time.
(a) PROFIT.—The corporation may not engage
in business for profit. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1448.)
§ 190110 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 238
AND ORGANIZATIONS

HISTORICAL AND REVISION NOTES HISTORICAL AND REVISION NOTES

Revised Revised
Section Source (U.S. Code) Source (Statutes at Large) Section Source (U.S. Code) Source (Statutes at Large)

190109 ......... 36:233. June 30, 1950, ch. 431, § 13, 64 190112 ......... 36:231 (words after June 30, 1950, ch. 431, § 11
Stat. 314. 2d comma). (words after 2d comma), 64
Stat. 314.
In this section, the word ‘‘records’’ is substituted for
The word ‘‘satisfaction’’ is omitted as included in
‘‘books and records’’ for consistency in the revised title
‘‘discharge’’, and the word ‘‘obligations’’ is omitted as
and with other titles of the United States Code.
included in ‘‘liabilities’’. The word ‘‘outstanding’’ is
In subsection (a)(1), the word ‘‘correct’’ is substituted omitted as unnecessary.
for ‘‘current’’ for consistency in the revised title.
CHAPTER 1903—RETIRED ENLISTED
ASSOCIATION, INCORPORATED
§ 190110. Service of process
Sec.
(a) DISTRICT OF COLUMBIA.—The corporation 190301. Definition.
shall have a designated agent in the District of 190302. Organization.
Columbia to receive service of process for the 190303. Purposes.
corporation. Notice to or service on the agent is 190304. Membership.
notice to or service on the corporation. 190305. Governing body.
190306. Powers.
(b) STATES, TERRITORIES, AND POSSESSIONS.— 190307. Exclusive right to name, seals, emblems, and
As a condition to the exercise of any power or badges.
privilege granted by this chapter, the corpora- 190308. Restrictions.
tion shall file, with the secretary of state or 190309. Duty to maintain tax-exempt status.
other designated official of each State, terri- 190310. Records and inspection.
190311. Service of process.
tory, or possession of the United States in which 190312. Liability for acts of officers and agents.
a subordinate department or local chapter is or- 190313. Annual report.
ganized, the name and address of an agent in
that State, territory, or possession on whom § 190301. Definition
legal process or demands against the corpora- For purposes of this chapter, ‘‘State’’ includes
tion may be served. the District of Columbia and the territories and
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1448.) possessions of the United States.
HISTORICAL AND REVISION NOTES (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1449.)

Revised HISTORICAL AND REVISION NOTES


Section Source (U.S. Code) Source (Statutes at Large)
Revised Source (U.S. Code) Source (Statutes at Large)
190110(a) ..... 36:236 (2d, last sen- June 30, 1950, ch. 431, §§ 16 Section
tences). (2d, last sentences), 17, 64
Stat. 315. 190301 ......... 36:5117. Oct. 23, 1992, Pub. L. 102–484,
190110(b) ..... 36:237. title XVIII, § 1838, 106
Stat. 2586.
In subsection (b), the words ‘‘precedent’’ and ‘‘or con-
The words ‘‘the Commonwealth of Puerto Rico, the
ferred’’ are omitted as unnecessary. The words ‘‘with
Commonwealth of the Northern Mariana Islands’’ are
the secretary of state or other designated official’’ are
omitted as included in ‘‘the territories and possessions
substituted for ‘‘in the office of the secretary of state,
of the United States’’.
or similar officer’’ for consistency in the revised title.
The words ‘‘post office’’ are omitted as unnecessary. § 190302. Organization
(a) FEDERAL CHARTER.—Retired Enlisted Asso-
§ 190111. Liability for acts of officers and agents ciation, Incorporated (in this chapter, the ‘‘cor-
The corporation is liable for the acts of its of- poration’’), a nonprofit corporation incorporated
ficers and agents acting within the scope of in Colorado, is a federally chartered corpora-
their authority. tion.
(b) EXPIRATION OF CHARTER.—If the corpora-
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1449.) tion does not comply with any provision of this
chapter, the charter granted by this chapter ex-
HISTORICAL AND REVISION NOTES
pires.
Revised Source (U.S. Code) Source (Statutes at Large) (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1449.)
Section

190111 ......... 36:232. June 30, 1950, ch. 431, § 12, 64 HISTORICAL AND REVISION NOTES
Stat. 314.
Revised Source (U.S. Code) Source (Statutes at Large)
Section

§ 190112. Distribution of assets on dissolution or 190302(a) ..... 36:5101. Oct. 23, 1992, Pub. L. 102–484,
title XVIII, §§ 1821, 1835
final liquidation (last sentence), 1837, 106
Stat. 2584, 2586.
On dissolution or final liquidation of the cor- 190302(b) ..... 36:5114 (last sen-
tence).
poration, any assets remaining after the dis- 36:5116.
charge of all liabilities shall be divided equally
among the then active officers and members. This section is substituted for the source provisions
for consistency in the revised title and to eliminate un-
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1449.) necessary words.
Page 239 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 190307
AND ORGANIZATIONS

§ 190303. Purposes (c) NONDISCRIMINATION.—The requirements for


serving as a director or officer may not discrimi-
The purposes of the corporation are as pro-
nate on the basis of race, color, religion, sex,
vided in its articles of incorporation and bylaws
and include— disability, age, or national origin.
(1) upholding and defending the Constitution (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1450.)
of the United States;
(2) promoting health, prosperity, and schol- HISTORICAL AND REVISION NOTES
arship among its members and their depend-
Revised
ents and survivors through benevolent pro- Section Source (U.S. Code) Source (Statutes at Large)
grams;
(3) assisting veterans and their dependents 190305(a) ..... 36:5106. Oct. 23, 1992, Pub. L. 102–484,
title XVIII, §§ 1826, 1827,
and survivors through a service program es- 106 Stat. 2584.
tablished for that purpose; 190305(b) ..... 36:5107.
190305(c) ..... 36:5108 (related to Oct. 23, 1992, Pub. L. 102–484,
(4) improving conditions for retired enlisted directors and offi- title XVIII, § 1828 (related
service members, veterans, and their depend- cers). to directors and officers),
106 Stat. 2585; Nov. 30,
ents and survivors; and 1993, Pub. L. 103–160, title
(5) fostering fraternal and social activities XI, § 1182(c)(6), 107 Stat.
1772.
among its members in recognition that coop-
erative action is required for the furtherance
In subsections (a) and (b), the words ‘‘and in conform-
of their common interests.
ity with the laws of the State in which it is incor-
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1449.) porated’’ are omitted as unnecessary.
In subsection (c), the words ‘‘The requirements for
HISTORICAL AND REVISION NOTES
serving as a director or officer’’ are substituted for ‘‘in
Revised determining the requirements for serving on the board
Section Source (U.S. Code) Source (Statutes at Large) of directors or as an officer of the corporation’’ for con-
sistency in the revised title and to eliminate unneces-
190303 ......... 36:5103. Oct. 23, 1992, Pub. L. 102–484,
title XVIII, § 1823, 106 sary words.
Stat. 2584.

The word ‘‘objects’’ is omitted as included in ‘‘pur- § 190306. Powers


poses’’.
The corporation has only the powers provided
§ 190304. Membership in its bylaws and articles of incorporation filed
(a) ELIGIBILITY.—Except as provided in this in each State in which it is incorporated.
chapter, eligibility for membership in the cor- (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1450.)
poration and the rights and privileges of mem-
bers are as provided in the articles of incorpora- HISTORICAL AND REVISION NOTES
tion and bylaws. Revised
(b) NONDISCRIMINATION.—The terms of mem- Section Source (U.S. Code) Source (Statutes at Large)
bership may not discriminate on the basis of
190306 ......... 36:5102. Oct. 23, 1992, Pub. L. 102–484,
race, color, religion, sex, disability, age, or na- title XVIII, § 1822, 106
tional origin. Stat. 2584.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1450.) The words ‘‘and subject to the laws of such State’’ are
HISTORICAL AND REVISION NOTES omitted as unnecessary.

Revised Source (U.S. Code) Source (Statutes at Large)


Section § 190307. Exclusive right to name, seals, emblems,
190304(a) ..... 36:5105. Oct. 23, 1992, Pub. L. 102–484, and badges
title XVIII, § 1825, 106
Stat. 2584. The corporation has the exclusive right to use
190304(b) ..... 36:5108 (related to Oct. 23, 1992, Pub. L. 102–484,
membership). title XVIII, § 1828 (related the names ‘‘The Retired Enlisted Association,
to membership), 106 Stat. Incorporated’’, ‘‘The Retired Enlisted Associa-
2585; Nov. 30, 1993, Pub. L.
103–160, title XI, tion’’, ‘‘Retired Enlisted Association’’, and
§ 1182(c)(6), 107 Stat. 1772. ‘‘TREA’’ and seals, emblems, and badges the
corporation adopts. This section does not affect
In subsection (a), the words ‘‘Except as provided in any vested rights.
this chapter’’ are substituted for ‘‘Except as provided
in section 5108 of this title’’ for consistency in the re- (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1450.)
vised title.
In subsection (b), the words ‘‘The terms of member- HISTORICAL AND REVISION NOTES
ship’’ are substituted for ‘‘In establishing the condi-
tions of membership in the corporation’’ for consist- Revised Source (U.S. Code) Source (Statutes at Large)
ency in the revised title and to eliminate unnecessary Section
words. 190307 ......... 36:5115. Oct. 23, 1992, Pub. L. 102–484,
title XVIII, § 1836, 106
§ 190305. Governing body Stat. 2586.

(a) BOARD OF DIRECTORS.—The board of direc- The words ‘‘sole’’ and ‘‘lawfully’’ are omitted as un-
tors and the responsibilities of the board are as necessary. The last sentence is substituted for ‘‘Noth-
provided in the articles of incorporation. ing in this section may be construed to conflict or
(b) OFFICERS.—The officers and the election of interfere with rights that are established or vested be-
officers are as provided in the articles of incor- fore October 23, 1992’’ for consistency in the revised
poration. title and to eliminate unnecessary words.
§ 190308 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 240
AND ORGANIZATIONS

§ 190308. Restrictions HISTORICAL AND REVISION NOTES

(a) STOCK AND DIVIDENDS.—The corporation Revised


Source (U.S. Code) Source (Statutes at Large)
Section
may not issue stock or declare or pay a divi-
dend. 190310 ......... 36:5111. Oct. 23, 1992, Pub. L. 102–484,
(b) DISTRIBUTION OF INCOME OR ASSETS.—The title XVIII, § 1831, 106
Stat. 2585.
income or assets of the corporation may not
inure to the benefit of, or be distributed to, a di- The word ‘‘records’’ is substituted for ‘‘books and
rector, officer, or member during the life of the records’’ for consistency in the revised title and with
charter granted by this chapter. This subsection other titles of the United States Code. The words
does not prevent the payment of reasonable ‘‘Nothing in this section shall be construed to con-
compensation to an officer or reimbursement for travene any applicable State law’’ are omitted as un-
necessary.
actual necessary expenses in amounts approved
by the board of directors.
(c) LOANS.—The corporation may not make a § 190311. Service of process
loan to a director, officer, or employee. The corporation shall comply with the law on
(d) CLAIM OF GOVERNMENTAL APPROVAL OR AU- service of process of each State in which it is in-
THORITY.—The corporation may not claim con- corporated and each State in which it carries on
gressional approval or the authority of the activities.
United States Government for any of its activi-
ties. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1451.)
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1450.) HISTORICAL AND REVISION NOTES

HISTORICAL AND REVISION NOTES Revised


Source (U.S. Code) Source (Statutes at Large)
Section
Revised
Section Source (U.S. Code) Source (Statutes at Large) 190311 ......... 36:5104. Oct. 23, 1992, Pub. L. 102–484,
title XVIII, § 1824, 106
190308(a) ..... 36:5109(c). Oct. 23, 1992, Pub. L. 102–484, Stat. 2584.
title XVIII, § 1829, 106
Stat. 2585.
190308(b) ..... 36:5109(a). § 190312. Liability for acts of officers and agents
190308(c) ..... 36:5109(b).
190308(d) ..... 36:5109(d).
The corporation is liable for the acts of its of-
In subsection (a), the words ‘‘any shares of’’ are omit- ficers and agents acting within the scope of
ted as unnecessary. their authority.
In subsection (b), the words ‘‘This subsection does
not’’ are substituted for ‘‘Nothing in this subsection (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1451.)
shall be construed to’’ for consistency in the revised HISTORICAL AND REVISION NOTES
title.
In subsection (d), the words ‘‘by virtue of this chap- Revised
Source (U.S. Code) Source (Statutes at Large)
ter’’ are omitted as unnecessary. Section

§ 190309. Duty to maintain tax-exempt status 190312 ......... 36:5110. Oct. 23, 1992, Pub. L. 102–484,
title XVIII, § 1830, 106
Stat. 2585.
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 § 190313. Annual report
seq.).
The corporation shall submit an annual report
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1450.) to Congress on the activities of the corporation
HISTORICAL AND REVISION NOTES during the prior fiscal year. The report shall be
submitted at the same time as the report of the
Revised
Source (U.S. Code) Source (Statutes at Large) audit required by section 10101 of this title. The
Section
report may not be printed as a public document.
190309 ......... 36:5114 (1st sen- Oct. 23, 1992, Pub. L. 102–484,
tence). title XVIII, § 1835 (1st sen- (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1451.)
tence), 106 Stat. 2586.
HISTORICAL AND REVISION NOTES
§ 190310. Records and inspection Revised
Section Source (U.S. Code) Source (Statutes at Large)
(a) RECORDS.—The corporation shall keep—
(1) correct and complete records of account; 190313 ......... 36:5112. Oct. 23, 1992, Pub. L. 102–484,
title XVIII, § 1833, 106
(2) minutes of the proceedings of its mem- Stat. 2586.
bers, board of directors, and committees hav-
ing any of the authority of its board of direc-
tors; and CHAPTER 2001—SOCIETY OF AMERICAN
(3) at its principal office, a record of the FLORISTS AND ORNAMENTAL HORTI-
names and addresses of its members entitled CULTURISTS
to vote. Sec.
(b) INSPECTION.—A member entitled to vote, or 200101. Organization.
an agent or attorney of the member, may in- 200102. Purposes.
spect the records of the corporation for any 200103. Powers.
200104. Restrictions.
proper purpose, at any reasonable time. 200105. Principal office.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1451.) 200106. Nonapplication of audit requirements.
Page 241 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 200105
AND ORGANIZATIONS

§ 200101. Organization only as may be necessary to its lawful ends’’, for con-
sistency in the revised title and to eliminate unneces-
Society of American Florists and Ornamental sary words. In subclause (B), the word ‘‘hold’’ is added
Horticulturists (in this chapter, the ‘‘corpora- for clarity. The words ‘‘other property’’ are substituted
tion’’) is a body corporate and politic in the Dis- for ‘‘such other estate’’ for consistency in the revised
trict of Columbia. title. The words ‘‘of the United States’’ are added for
clarity and for consistency in the revised title.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1451.)
§ 200104. Restrictions
HISTORICAL AND REVISION NOTES
(a) PROFIT.—The corporation may not operate
Revised for profit.
Section Source (U.S. Code) Source (Statutes at Large)
(b) USE OF EARNINGS.—Earnings generated by
200101 ......... 36:5401 (1st sentence Mar. 3, 1901, ch. 876, § 1 (1st the corporation may be used only for the pur-
words before ‘‘for sentence words before ‘‘for
the education of the education of the gen- poses provided in section 200102 of this title.
the general pub- eral public’’), 31 Stat. 1453; (c) USE OF PROPERTY.—Property held by the
lic’’). June 29, 1938, ch. 796, 52
Stat. 1226. corporation, and the proceeds from the property,
may be used only for the purposes provided in
This section is substituted for the source provision to section 200102 of this title.
eliminate executed and unnecessary words. (d) PARKS IN THE DISTRICT OF COLUMBIA.—The
§ 200102. Purposes corporation may not occupy any park in the
District of Columbia.
The purposes of the corporation are to educate
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1452.)
members of the florist industry and the public,
and to promote scientific development, in flori- HISTORICAL AND REVISION NOTES
culture and horticulture.
Revised
Section Source (U.S. Code) Source (Statutes at Large)
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1451.)
200104(a) ..... 36:5401 (3d sentence Mar. 3, 1901, ch. 876, § 1 (2d
HISTORICAL AND REVISION NOTES words before ‘‘and sentence proviso, 3d sen-
any earnings’’). tence, last sentence pro-
Revised viso), 31 Stat. 1453; June
Section Source (U.S. Code) Source (Statutes at Large)
29, 1938, ch. 796, 52 Stat.
1226.
200102 ......... 36:5401 (1st sentence Mar. 3, 1901, ch. 876, § 1 (1st 200104(b) ..... 36:5401 (3d sentence
words beginning sentence words beginning words beginning
with ‘‘for the edu- with ‘‘for the education of with ‘‘and any
cation of the gen- the general public’’), 31 earnings’’).
eral public’’). Stat. 1453; June 29, 1938, 200104(c) ..... 36:5401 (2d sentence
ch. 796, 52 Stat. 1226. proviso).
200104(d) ..... 36:5401 (last sen-
tence proviso).
The words ‘‘The purposes of the corporation are’’ are
added for consistency in the revised title. The words
In subsection (b), the words ‘‘earnings generated by
‘‘to promote’’ are added for clarity. The words ‘‘in all
the corporation’’ are substituted for ‘‘any earnings and/
their branches’’ are omitted as unnecessary.
or surplus funds that may be created through any of its
§ 200103. Powers educational or scientific activities’’ to eliminate un-
necessary words. The words ‘‘may be used only for the
The corporation may— purposes provided in section 200102 of this title’’ are
(1) adopt a constitution and bylaws for the substituted for ‘‘shall be available only for the further
management of its property and the regula- accomplishment of the corporation’s stated purposes’’
for clarity and for consistency in the revised section.
tion of its affairs; and In subsection (c), the words ‘‘Property held by the
(2)(A) hold property, in the District of Co- corporation’’ are substituted for ‘‘all property so held’’
lumbia or elsewhere, necessary to carry out for clarity. The words ‘‘may be used only for the pur-
the purposes of the corporation, in an amount poses provided in section 200102 of this title’’ are sub-
not to exceed $1,000,000; and stituted for ‘‘shall be held and used solely for the pur-
(B) hold other property donated or be- poses set forth in this chapter’’ for clarity and for con-
queathed in any State or territory of the sistency in the revised section.
United States. In subsection (d), the words ‘‘District of Columbia’’
are substituted for ‘‘city of Washington’’ for consist-
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1451.) ency in the revised title.

HISTORICAL AND REVISION NOTES § 200105. Principal office


Revised Source (U.S. Code) Source (Statutes at Large) The principal office of the corporation shall be
Section
located in the District of Columbia. However,
200103 ......... 36:5401 (2d sentence Mar. 3, 1901, ch. 876, § 1 (2d annual meetings may be held wherever the cor-
words before pro- sentence words before pro- poration decides.
viso). viso), 31 Stat. 1453; June
29, 1938, ch. 796, 52 Stat.
1226. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1452.)
HISTORICAL AND REVISION NOTES
In clause (1), the words ‘‘not inconsistent with law’’
are omitted as unnecessary. The words ‘‘for the man- Revised
agement of its property and the regulation of its af- Section Source (U.S. Code) Source (Statutes at Large)
fairs’’ are added for consistency in the revised title.
200105 ......... 36:5401 (last sen- Mar. 3, 1901, ch. 876, § 1 (last
In clause (2), subclause (A), the words ‘‘hold prop- tence words be- sentence words before pro-
erty’’ are substituted for ‘‘hold real and personal es- fore proviso). viso), 31 Stat. 1453; June
tate’’, and the words ‘‘necessary to carry out the pur- 29, 1938, ch. 796, 52 Stat.
1226.
poses of the corporation’’ are substituted for ‘‘so far
§ 200106 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 242
AND ORGANIZATIONS

The words ‘‘wherever the corporation decides’’ are documents and records pertaining to the
substituted for ‘‘such other places as the incorporators Grand Army of the Republic and its members;
or their successors shall determine’’ for consistency in (3) to cooperate in honoring all those who
the revised title.
have served our country patriotically in any
§ 200106. Nonapplication of audit requirements war;
(4) to teach patriotism, the duties of citizen-
The audit requirements of section 10101 of this ship, the true history of our country, and the
title do not apply to the corporation. love and honor of our flag;
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1452.) (5) to oppose every tendency or movement
that would weaken loyalty to, destroy, or im-
HISTORICAL AND REVISION NOTES pair our constitutional Union; and
Revised
(6) to inculcate and broadly sustain the
Section Source (U.S. Code) Source (Statutes at Large) American principles of representative govern-
200106 ......... (no source).
ment, equal rights, and impartial justice for
all.
The section is added to except the Society of Amer- (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1452.)
ican Florists and Ornamental Horticulturists from the
application of section 10101 of the revised title, restat- HISTORICAL AND REVISION NOTES
ing 36:1101-1103, which imposes audit requirements on
certain federally chartered corporations. The Society is Revised Source (U.S. Code) Source (Statutes at Large)
Section
not included in the list of corporations set out in 36:1101
to which the audit requirements apply. 200302 ......... 36:533. Aug. 20, 1954, ch. 774, § 3, 68
Stat. 749.
CHAPTER 2003—SONS OF UNION VETERANS
OF THE CIVIL WAR In clause (5), the words ‘‘destroy, or impair’’ are sub-
stituted for ‘‘or make for the destruction or impair-
Sec. ment of’’ to eliminate unnecessary words.
200301. Organization.
200302. Purposes. § 200303. Membership
200303. Membership.
200304. Governing body. (a) GENERAL.—Except as provided in this chap-
200305. Powers. ter, eligibility for membership in the corpora-
200306. Exclusive right to name, seals, emblems, and tion and the rights, privileges, and designation
badges. of classes of members are as provided in the con-
200307. Restrictions.
200308. Principal office. stitution and bylaws of the corporation.
200309. Records and inspection. (b) REQUIRED SERVICE.—Eligibility for mem-
200310. Service of process. bership in the corporation is limited to male
200311. Liability for acts of officers and agents. blood relatives of an individual who—
200312. Annual report. (1) served at any time during the period from
200313. Distribution of assets on dissolution or final April 12, 1861, through April 9, 1865, as a soldier
liquidation.
or sailor in—
§ 200301. Organization (A) the United States Army, Navy, Marine
Corps, or Revenue-Cutter Service; or
(a) FEDERAL CHARTER.—Sons of Union Veter- (B) a State regiment that was called into
ans of the Civil War (in this chapter, the ‘‘cor- active service and was subject to orders of
poration’’) is a federally chartered corporation. United States general officers during that
(b) PLACE OF INCORPORATION AND DOMICILE.— period; and
The corporation is declared to be incorporated
and domiciled in the District of Columbia. (2) was discharged honorably from, or died
(c) PERPETUAL EXISTENCE.—Except as other- in, that service.
wise provided, the corporation has perpetual ex- (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1453.)
istence.
HISTORICAL AND REVISION NOTES
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1452.)
Revised
HISTORICAL AND REVISION NOTES Section Source (U.S. Code) Source (Statutes at Large)

Revised 200303 ......... 36:535. Aug. 20, 1954, ch. 774, § 5, 68


Section Source (U.S. Code) Source (Statutes at Large) Stat. 750.

200301 ......... 36:531. Aug. 20, 1954, ch. 774, §§ 1, 2, In subsection (a), the words ‘‘are as provided in the
4(1), 68 Stat. 748, 749.
36:532. constitution and bylaws of the corporation’’ are sub-
36:534(1). stituted for ‘‘shall . . . be determined as the constitu-
tion and bylaws of the corporation may provide’’ for
This section is substituted for the source provisions consistency in the revised title.
for consistency in the revised title and to eliminate un- In subsection (b)(1), the words ‘‘at any time’’ are
necessary and executed words. added for clarity.

§ 200302. Purposes § 200304. Governing body


The purposes of the corporation are— (a) NATIONAL ENCAMPMENT.—(1) The national
(1) to perpetuate the memory of the Grand encampment is the supreme governing authority
Army of the Republic and of the men who of the corporation.
saved the Union in 1861 to 1865; (2) The national encampment is composed of
(2) to assist in every practicable way in pre- officers and elected representatives from the
serving, and making available for research, States and other local subdivisions of the cor-
Page 243 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 200306
AND ORGANIZATIONS

poration as provided in the constitution and by- (7) sue and be sued; and
laws. However, the form of government of the (8) do any other act necessary and proper to
corporation must be representative of the mem- carry out the purposes of the corporation.
bership at large and may not permit concentra- (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1453.)
tion of control in a limited number of members
or in a self-perpetuating group not representa- HISTORICAL AND REVISION NOTES
tive of the membership at large.
Revised
(3) The meetings of the national encampment Section Source (U.S. Code) Source (Statutes at Large)
may be held in the District of Columbia or in
any State, territory, or possession of the United 200305 ......... 36:534(2)–(10). Aug. 20, 1954, ch. 774,
§§ 4(2)–(10), 18, 68 Stat. 749,
States. 752.
(b) COUNCIL OF ADMINISTRATION.—(1) During 36:548.
the intervals between the national encamp-
In this section, the text of 36:548 is omitted as exe-
ments, the council of administration is the gov- cuted and obsolete.
erning board of the corporation and is respon- In clause (1), the word ‘‘alter’’ is omitted as unneces-
sible for the general policies, program, and ac- sary. The words ‘‘not inconsistent with the laws of the
tivities of the corporation. United States or any State in which the corporation is
(2) The council of administration shall consist to operate’’ are omitted as unnecessary.
of at least seven members elected in the manner In clause (2), the word ‘‘use’’ is omitted as unneces-
and for the term provided in the constitution sary.
Clause (5) is substituted for ‘‘take by lease, gift, pur-
and bylaws.
chase, grant, devise, or bequest from any public body or
(c) OFFICERS.—(1) The officers of the corpora-
agency or any private corporation, association, part-
tion are a commander in chief, a senior vice nership, firm, or individual and to hold absolutely or in
commander in chief, a junior vice commander in trust for any of the purposes of the corporation any
chief, a secretary, a treasurer, and other officers property, real, personal, or mixed, necessary or conven-
as provided in the constitution and bylaws. One ient for attaining the objects and carrying into effect
individual may hold the offices of secretary and the purposes of the corporation’’ and ‘‘transfer, convey,
treasurer. lease, sublease, encumber and otherwise alienate real,
(2) The manner of selection, term of office, and personal or mixed property’’ for consistency in the re-
duties of the officers are as provided in the con- vised title and to eliminate unnecessary words. The
words ‘‘subject, however, to applicable provisions of
stitution and bylaws. law of any State (A) governing the amount or kind of
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1453.) property which may be held by, or (B) otherwise limit-
ing or controlling the ownership of property by, a cor-
HISTORICAL AND REVISION NOTES poration operating in such State’’ are omitted as un-
necessary.
Revised
Section Source (U.S. Code) Source (Statutes at Large) In clause (6), the words ‘‘for the purposes of the cor-
poration’’ are omitted as unnecessary. The words
200304(a) ..... 36:536. Aug. 20, 1954, ch. 774, §§ 6–8, ‘‘issue instruments of indebtedness, and secure its obli-
68 Stat. 750. gations by granting security interests in its property’’
200304(b) ..... 36:537.
200304(c) ..... 36:538. are substituted for ‘‘issue bonds therefor, and secure
the same by mortgage, deed of trust, pledge or other-
In subsection (a)(2), the words ‘‘several’’, ‘‘always’’, wise’’ for consistency in the revised title. The words
and ‘‘thereof . . . the hands of’’ are omitted as unneces- ‘‘subject in every case to all applicable provisions of
sary. Federal and State laws’’ are omitted as unnecessary.
In subsection (a)(3), the words ‘‘State, territory, or In clause (7), the words ‘‘complain and defend in any
possession of the United States’’ are substituted for court of competent jurisdiction’’ are omitted as unnec-
‘‘State or Territory’’ for consistency in the revised essary.
title and with other titles of the United States Code. In clause (8), the words ‘‘any other act’’ are sub-
In subsection (b), the text of 36:537(b) is omitted as stituted for ‘‘any and all acts and things’’ to eliminate
obsolete. unnecessary words. The words ‘‘objects and’’ are omit-
In subsection (c), the words ‘‘One individual may hold ted as unnecessary.
the offices of secretary and treasurer’’ are substituted
for ‘‘(which latter two offices may be held by one per- § 200306. Exclusive right to name, seals, emblems,
son)’’ to eliminate unnecessary words. The word ‘‘pro- and badges
vided’’ is substituted for ‘‘may be prescribed’’ to elimi-
nate unnecessary words. The corporation and its subordinate divisions
have the exclusive right to use the name ‘‘Sons
§ 200305. Powers of Union Veterans of the Civil War’’. The cor-
The corporation may— poration has the exclusive right to use and to
(1) adopt and amend a constitution and by- allow others to use seals, emblems, and badges
laws for the management of its property and the corporation adopts.
the regulation of its affairs; (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1454.)
(2) adopt and alter a corporate seal;
(3) choose officers, managers, agents, and HISTORICAL AND REVISION NOTES
employees as the activities of the corporation
Revised
require; Section Source (U.S. Code) Source (Statutes at Large)
(4) make contracts;
(5) acquire, own, lease, encumber, and trans- 200306 ......... 36:547. Aug. 20, 1954, ch. 774, § 17, 68
Stat. 752.
fer property as necessary or convenient to
carry out the purposes of the corporation; The words ‘‘sole’’ and ‘‘or refuse’’ are omitted as un-
(6) borrow money, issue instruments of in- necessary. The words ‘‘corporation adopts’’ are sub-
debtedness, and secure its obligations by stituted for ‘‘as it may legally adopt’’ for consistency
granting security interests in its property; in the revised title and to eliminate unnecessary words.
§ 200307 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 244
AND ORGANIZATIONS

The words ‘‘and such emblems, seals, and badges as § 200309. Records and inspection
have heretofore been used by the Illinois corporation
described in section 548 of this title and the right to (a) RECORDS.—The corporation shall keep—
which may be lawfully transferred to the corporation’’ (1) correct and complete records of account;
are omitted as executed and obsolete. and
§ 200307. Restrictions (2) minutes of the proceedings of its national
encampments and council of administration.
(a) STOCK AND DIVIDENDS.—The corporation
may not issue stock or declare or pay a divi- (b) INSPECTION.—A member, or an agent or at-
dend. torney of the member, may inspect the records
(b) POLITICAL ACTIVITIES.—The corporation or of the corporation for any proper purpose, at
an officer or agent as such may not contribute any reasonable time.
to, support, or assist a political party or can- (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1454.)
didate for public office.
(c) DISTRIBUTION OF INCOME OR ASSETS.—The HISTORICAL AND REVISION NOTES
income or assets of the corporation may not Revised
inure to the benefit of, or be distributed to, an Section Source (U.S. Code) Source (Statutes at Large)
officer or member during the life of the corpora- 200309 ......... 36:544. Aug. 20, 1954, ch. 774, § 14, 68
tion or on its dissolution or final liquidation. Stat. 751.
This subsection does not prevent the payment of
compensation to an officer or reimbursement for The word ‘‘records’’ is substituted for ‘‘books and
actual necessary expenses in amounts approved records’’ for consistency in the revised title and with
by the council of administration of the corpora- other titles of the United States Code.
tion.
(d) LOANS.—The corporation may not make a § 200310. Service of process
loan or advance to an officer or employee. Mem-
bers of the council of administration who vote The corporation shall have a designated agent
for or assent to making a loan or advance to an in the District of Columbia to receive service of
officer or employee, and officers who participate process for the corporation. Notice to or service
in making the loan or advance, are jointly and on the agent, or mailed to the business address
severally liable to the corporation for the of the agent, is notice to or service on the cor-
amount of the loan or advance until it is repaid. poration.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1454.) (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1455.)
HISTORICAL AND REVISION NOTES HISTORICAL AND REVISION NOTES

Revised Revised
Source (U.S. Code) Source (Statutes at Large) Section Source (U.S. Code) Source (Statutes at Large)
Section

200307(a) ..... 36:543. Aug. 20, 1954, ch. 774, §§ 10, 200310 ......... 36:539(b). Aug. 20, 1954, ch. 774, § 9(b),
11, 13, 68 Stat. 751. 68 Stat. 751.
200307(b) ..... 36:541.
200307(c) ..... 36:540(a).
200307(d) ..... 36:540(b). The words ‘‘at all times’’ are omitted as unnecessary.
The words ‘‘to receive’’ are substituted for ‘‘authorized
In subsection (a), the words ‘‘any shares of’’ are omit- to accept’’, and the words ‘‘is notice to or service on’’
ted as unnecessary. are substituted for ‘‘shall be deemed notice to or serv-
In subsection (c), the words ‘‘inure to the benefit of’’ ice upon’’, for consistency in the revised title.
are substituted for ‘‘inure to’’ for consistency in the re-
vised title. The words ‘‘This subsection does not pre-
vent’’ are substituted for ‘‘Nothing in this subsection,
§ 200311. Liability for acts of officers and agents
however, shall be construed to prevent’’ for consistency The corporation is liable for the acts of its of-
in the revised title and to eliminate unnecessary words.
In subsection (d), the words ‘‘or advance’’ are added
ficers and agents acting within the scope of
in 2 places for consistency in the subsection. their authority.

§ 200308. Principal office (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1455.)

The principal office of the corporation shall be HISTORICAL AND REVISION NOTES
in Trenton, New Jersey, or another place de- Revised Source (U.S. Code) Source (Statutes at Large)
cided by the council of administration. However, Section
the activities of the corporation are not con- 200311 ......... 36:542. Aug. 20, 1954, ch. 774, § 12, 68
fined to the place where the principal office is Stat. 751.
located but may be conducted in the District of
Columbia and throughout the States, terri-
tories, and possessions of the United States. § 200312. Annual report
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1454.) Not later than March 1 of each year, the cor-
poration shall submit a report to Congress on
HISTORICAL AND REVISION NOTES
the activities of the corporation during the prior
Revised
Source (U.S. Code) Source (Statutes at Large)
fiscal year. The report may consist of a report
Section on the proceedings of the national encampment.
200308 ......... 36:539(a). Aug. 20, 1954, ch. 774, § 9(a), The report may not be printed as a public docu-
68 Stat. 751. ment.
The word ‘‘various’’ is omitted as unnecessary. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1455.)
Page 245 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 210103
AND ORGANIZATIONS

HISTORICAL AND REVISION NOTES In subsection (b), the words ‘‘Except as otherwise pro-
vided’’ are added, and the word ‘‘existence’’ is sub-
Revised stituted for ‘‘succession’’, for consistency in the revised
Section Source (U.S. Code) Source (Statutes at Large)
title.
200312 ......... 36:546. Aug. 20, 1954, ch. 774, § 16, 68
Stat. 752. CHANGE OF NAME
Act May 21, 1953, ch. 63, § 2, 67 Stat. 28, provided that:
TERMINATION OF REPORTING REQUIREMENTS ‘‘Any law heretofore enacted by the Congress and now
For termination, effective May 15, 2000, of reporting in effect which refers to said Roosevelt Memorial Asso-
provisions in this section, see section 3003 of Pub. L. ciation shall hereafter be deemed to refer to such Asso-
104–66, as amended, set out as a note under section 1113 ciation by its new name, Theodore Roosevelt Associa-
of Title 31, Money and Finance, and page 206 of House tion.’’
Document No. 103–7.
§ 210102. Purposes
§ 200313. Distribution of assets on dissolution or The purposes of the corporation are—
final liquidation (1) to perpetuate the memory of Theodore
On dissolution or final liquidation of the cor- Roosevelt for the benefit of the people of the
poration, any assets remaining after the dis- United States and the world; and
charge of all liabilities shall be distributed as (2) to solicit, receive, hold, and maintain
provided by the council of administration, but funds, and to apply the principal of the funds
in compliance with the constitution and bylaws and the income from those funds to the follow-
of the corporation. ing objects, among others:
(A) the erection and maintenance of a suit-
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1455.) able and adequate monumental memorial in
HISTORICAL AND REVISION NOTES the District of Columbia to the memory of
Theodore Roosevelt;
Revised (B) the acquisition, development, and
Section Source (U.S. Code) Source (Statutes at Large)
maintenance of a public park in memory of
200313 ......... 36:549. Aug. 20, 1954, ch. 774, § 19, 68 Theodore Roosevelt in Oyster Bay, New
Stat. 752.
York;
The word ‘‘satisfaction’’ is omitted as included in (C) the establishment and maintenance of
‘‘discharge’’, and the word ‘‘obligations’’ is omitted as an endowment fund to promote the develop-
included in ‘‘liabilities’’. The word ‘‘outstanding’’ is ment and application of the policies and
omitted as unnecessary. The words ‘‘as provided by’’ ideals of Theodore Roosevelt for the benefit
are substituted for ‘‘in accordance with the determina- of the American people; and
tion of’’ to eliminate unnecessary words. The words (D) the donation of real and personal prop-
‘‘and all Federal and States laws applicable thereto’’
are omitted as unnecessary.
erty, including part or all of its endowment
fund, to a public agency for the purpose of
CHAPTER 2101—THEODORE ROOSEVELT preserving in public ownership historically
ASSOCIATION significant property associated with the life
of Theodore Roosevelt.
Sec.
210101. Organization. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1455.)
210102. Purposes.
210103. Membership. HISTORICAL AND REVISION NOTES
210104. Governing body.
Revised
210105. Powers. Section Source (U.S. Code) Source (Statutes at Large)
210106. Restrictions.
210107. Nonapplication of audit requirements. 210102 ......... 36:4703. May 31, 1920, ch. 216, § 3, 41
Stat. 693; July 25, 1962,
Pub. L. 87–547, § 6, 76 Stat.
§ 210101. Organization 217.
(a) FEDERAL CHARTER.—Theodore Roosevelt In clause (2), before subclause (A), the words ‘‘among
Association (in this chapter, the ‘‘corporation’’) others’’ are substituted for ‘‘and to that end, but with-
is a body corporate and politic in the District of out restriction to the objects enumerated below’’ to
Columbia. eliminate unnecessary words.
(b) PERPETUAL EXISTENCE.—Except as other-
wise provided, the corporation has perpetual ex- § 210103. Membership
istence. Eligibility for membership in the corporation
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1455.) is as provided in regulations adopted by the
board of trustees.
HISTORICAL AND REVISION NOTES
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1456.)
Revised Source (U.S. Code) Source (Statutes at Large)
Section HISTORICAL AND REVISION NOTES
210101 ......... 36:4701. May 31, 1920, ch. 216, § 1, 41 Revised
Stat. 691. Section Source (U.S. Code) Source (Statutes at Large)
36:4702 (words before May 31, 1920, ch. 216, § 2
2d comma). (words before 2d comma), 210103 ......... 36:4704 (last par. re- May 31, 1920, ch. 216, § 4 (last
41 Stat. 692; May 21, 1953, lated to regula- par. related to regulations
ch. 63, § 1, 67 Stat. 27. tions for member- for membership), 41 Stat.
ship). 693.
This section is substituted for the source provisions
for consistency in the revised title and to eliminate un- This section is substituted for ‘‘The board of trustees
necessary and executed words. shall have the power to adopt . . . regulations . . . for
§ 210104 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 246
AND ORGANIZATIONS

the admission to membership in the corporation’’ for . . . and . . . receive real and personal property by gift,
consistency in the revised title. devise, or bequest’’ for consistency in the revised title
and to eliminate unnecessary words.
§ 210104. Governing body In clause (6), the words ‘‘in courts of law and equity’’
are omitted as unnecessary and for consistency in the
(a) BOARD OF TRUSTEES.—A self-perpetuating revised title.
board of trustees shall manage and direct the
property and affairs of the corporation. § 210106. Restrictions
(b) POWERS.—The board of trustees may adopt
(a) EXCLUSIVELY EDUCATIONAL PURPOSES.—The
and amend a constitution, bylaws, and regula-
corporation shall be operated exclusively for
tions for—
educational purposes.
(1) the selection of successor trustees; (b) STOCKS AND DIVIDENDS.—The corporation
(2) the admission of members;
may not issue stock or declare or pay a divi-
(3) the election of officers; and
dend.
(4) the conduct of the affairs of the corpora-
(c) DISTRIBUTIONS OF INCOME OR ASSETS.—The
tion.
income or assets of the corporation may not
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1456.) inure to the benefit of any member or individ-
ual.
HISTORICAL AND REVISION NOTES
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1456.)
Revised Source (U.S. Code) Source (Statutes at Large)
Section HISTORICAL AND REVISION NOTES
210104 ......... 36:4704 (1st par., last May 31, 1920, ch. 216, § 4 (1st
par. less regula- par., last par. less regula- Revised
Section Source (U.S. Code) Source (Statutes at Large)
tions for member- tions for membership), 41
ship). Stat. 693.
210106 ......... 36:4705. May 31, 1920, ch. 216, § 5, 41
Stat. 693.
The text of 36:4704 (2d sentence) is omitted as exe-
cuted and obsolete. In subsection (a), the words ‘‘is organized and’’ are
In subsection (b), before clause (1), the words ‘‘adopt omitted as executed and obsolete.
and amend’’ are substituted for ‘‘adopt from time to In subsection (b), the words ‘‘certificates of’’ are
time . . . and alter, amend, or repeal’’ for consistency omitted as unnecessary.
in the revised title and to eliminate unnecessary words. In subsection (c), the words ‘‘income or assets’’ are
The word ‘‘rules’’ is omitted as included in ‘‘regula- substituted for ‘‘earnings, income, or funds’’ for con-
tions’’. sistency in the revised title.

§ 210105. Powers § 210107. Nonapplication of audit requirements


The corporation may— The audit requirements of section 10101 of this
(1) adopt a constitution, bylaws, and regula- title do not apply to the corporation.
tions; (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1456.)
(2) adopt and alter a corporate seal;
(3) acquire and own property necessary to HISTORICAL AND REVISION NOTES
carry out the purposes of the corporation;
Revised
(4) give and dedicate its property to public Section Source (U.S. Code) Source (Statutes at Large)
agencies and purposes;
(5) maintain offices, hold meetings, and con- 210107 ......... (no source).
duct business affairs in the District of Colum- This section is added to except the Theodore Roo-
bia and in the States, territories, and posses- sevelt Association from the application of section 10101
sions of the United States; of the revised title, restating 36:1101–1103, which im-
(6) sue and be sued within the jurisdiction of poses audit requirements on certain federally chartered
the United States; and corporations. The Association is not included in the
(7) do any other act necessary and proper to list of corporations set out in 36:1101 to which the audit
carry out the purposes of the corporation. requirements apply.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1456.) CHAPTER 2103—369TH VETERANS’
ASSOCIATION
HISTORICAL AND REVISION NOTES
Sec.
Revised 210301. Definition.
Section Source (U.S. Code) Source (Statutes at Large)
210302. Organization.
210105 ......... 36:4702 (words after May 31, 1920, ch. 216, § 2 210303. Purposes.
2d comma). (words after 2d comma), 41 210304. Membership.
Stat. 692. 210305. Governing body.
36:4707. May 31, 1920, ch. 216, § 7, as 210306. Powers.
added Mar. 29, 1956, ch.
102, 70 Stat. 60. 210307. Exclusive right to name, seals, emblems, and
badges.
The text of 36:4707 is omitted as executed and obso- 210308. Restrictions.
210309. Duty to maintain tax-exempt status.
lete.
210310. Records and inspection.
In clause (1), the word ‘‘rules’’ is omitted as included 210311. Service of process.
in ‘‘regulations’’. The words ‘‘not inconsistent with the 210312. Liability for acts of officers and agents.
laws of the United States of America, or any State 210313. Annual report.
thereof’’ are omitted as unnecessary.
In clause (2), the words ‘‘adopt and alter’’ are sub- § 210301. Definition
stituted for ‘‘adopt . . . and the same to alter at pleas-
ure’’ for consistency in the revised title. For purposes of this chapter, ‘‘State’’ includes
In clause (3), the words ‘‘acquire and own property’’ the District of Columbia and the territories and
are substituted for ‘‘hold such real and personal estate possessions of the United States.
Page 247 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 210307
AND ORGANIZATIONS

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1457.) (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1457.)
HISTORICAL AND REVISION NOTES HISTORICAL AND REVISION NOTES
Revised Source (U.S. Code) Source (Statutes at Large) Revised
Section Section Source (U.S. Code) Source (Statutes at Large)

210301 ......... 36:3013. Oct. 30, 1984, Pub. L. 98–565, 210304(a) ..... 36:3005 (words before Oct. 30, 1984, Pub. L. 98–565,
§ 14, 98 Stat. 2922. 3d comma). §5 (words before 3d
comma, words after 3d
The words ‘‘the Commonwealth of Puerto Rico’’ are comma related to dis-
crimination in member-
omitted as included in ‘‘the territories and possessions ship), 98 Stat. 2920.
of the United States’’. 210304(b) ..... 36:3005 (words after
3d comma related
§ 210302. Organization to discrimination
in membership).
(a) FEDERAL CHARTER.—369th Veterans’ Asso-
ciation (in this chapter, the ‘‘corporation’’), a
nonprofit corporation incorporated in New § 210305. Governing body
York, is a federally chartered corporation. (a) BOARD OF DIRECTORS.—The board of direc-
(b) EXPIRATION OF CHARTER.—If the corpora- tors and the responsibilities of the board are as
tion does not comply with any provision of this provided in the articles of incorporation.
chapter, the charter granted by this chapter ex- (b) OFFICERS.—The officers and the election of
pires. officers are as provided in the articles of incor-
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1457.) poration.
(c) NONDISCRIMINATION.—The requirements for
HISTORICAL AND REVISION NOTES
holding office in the corporation may not dis-
Revised
Source (U.S. Code) Source (Statutes at Large)
criminate on the basis of race, color, religion, or
Section national origin.
210302(a) ..... 36:3001. Oct. 30, 1984, Pub. L. 98–565,
§§ 1, 15 (last sentence), 17, (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1457.)
98 Stat. 2920, 2922.
210302(b) ..... 36:3014 (last sen- HISTORICAL AND REVISION NOTES
tence).
36:3016. Revised
Section Source (U.S. Code) Source (Statutes at Large)
This section is substituted for the source provisions
for consistency in the revised title. 210305(a) ..... 36:3006. Oct. 30, 1984, Pub. L. 98–565,
§§ 5 (words after 3d comma
related to discrimination
§ 210303. Purposes in holding office), 6, 7, 98
Stat. 2920, 2921.
The purposes of the corporation are as pro- 210305(b) ..... 36:3007.
210305(c) ..... 36:3005 (words after
vided in the articles of incorporation and in- 3d comma related
clude— to discrimination
(1) promoting the principles of friendship in holding office).
and good will among its members;
The words ‘‘and in conformity with the laws of the
(2) engaging in social and civic activities
State or States in which it is incorporated’’ in 36:3006
that tend to enhance the welfare of its mem- and ‘‘and in conformity with the laws of the State or
bers and inculcate the true principles of good States wherein it is incorporated’’ in 36:3007 are omit-
citizenship in its members; and ted as unnecessary.
(3) memorializing, individually and collec-
tively, the patriotic services of its members in
§ 210306. Powers
the 369th antiaircraft artillery group and
other units in the Armed Forces of the United The corporation has only the powers provided
States. in its bylaws and articles of incorporation filed
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1457.) in each State in which it is incorporated.

HISTORICAL AND REVISION NOTES (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1457.)

Revised
HISTORICAL AND REVISION NOTES
Section Source (U.S. Code) Source (Statutes at Large)
Revised Source (U.S. Code) Source (Statutes at Large)
210303 ......... 36:3003. Oct. 30, 1984, Pub. L. 98–565, Section
§ 3, 98 Stat. 2920.
210306 ......... 36:3002. Oct. 30, 1984, Pub. L. 98–565,
§ 2, 98 Stat. 2920.
Before clause (1), the word ‘‘objects’’ is omitted as in-
cluded in ‘‘purposes’’.
In clause (3), the words ‘‘the several units of’’ are The words ‘‘and subject to the laws of such State or
omitted as unnecessary. States’’ are omitted as unnecessary.

§ 210304. Membership § 210307. Exclusive right to name, seals, emblems,


(a) ELIGIBILITY.—Except as provided in this and badges
chapter, eligibility for membership in the cor- The corporation has the exclusive right to use
poration and the rights and privileges of mem- the name ‘‘369th Veterans’ Association’’ and
bers are as provided in the constitution and by- seals, emblems, and badges the corporation
laws of the corporation. adopts. This section does not affect any vested
(b) NONDISCRIMINATION.—The terms of mem-
rights.
bership may not discriminate on the basis of
race, color, religion, or national origin. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1458.)
§ 210308 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 248
AND ORGANIZATIONS

HISTORICAL AND REVISION NOTES (1) correct and complete records of account;
(2) minutes of the proceedings of its mem-
Revised
Section Source (U.S. Code) Source (Statutes at Large) bers, the board of directors, and committees
having any of the authority of its board of di-
210307 ......... 36:3015. Oct. 30, 1984, Pub. L. 98–565,
§ 16, 98 Stat. 2922. rectors; and
(3) at its principal office, a record of the
The words ‘‘sole and’’ are omitted as unnecessary. names and addresses of its members entitled
The words ‘‘This section does not affect any vested to vote.
rights’’ are substituted for ‘‘Nothing in this section
shall be construed to interfere or conflict with estab- (b) INSPECTION.—A member entitled to vote, or
lished or vested rights’’ for consistency in the revised an agent or attorney of the member, may in-
title. spect the records of the corporation for any
proper purpose, at any reasonable time.
§ 210308. Restrictions
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1458.)
(a) STOCKS AND DIVIDENDS.—The corporation
may not issue stock or declare or pay a divi- HISTORICAL AND REVISION NOTES
dend. Revised
(b) POLITICAL ACTIVITIES.—The corporation or Section Source (U.S. Code) Source (Statutes at Large)
a director or officer as such may not contribute 210310 ......... 36:3010. Oct. 30, 1984, Pub. L. 98–565,
to, support, or participate in any political activ- § 10, 98 Stat. 2921.
ity or in any manner attempt to influence legis-
lation. The word ‘‘records’’ is substituted for ‘‘books and
(c) DISTRIBUTION OF INCOME OR ASSETS.—The records’’ for consistency in the revised title and with
other titles of the United States Code. The words
income or assets of the corporation may not
‘‘Nothing in this section shall be construed to con-
inure to the benefit of, or be distributed to, a di- travene any applicable State law’’ are omitted as un-
rector, officer, or member during the life of the necessary.
charter granted by this chapter. This subsection
does not prevent the payment of reasonable § 210311. Service of process
compensation to an officer or reimbursement for The corporation shall comply with the law on
actual necessary expenses in amounts approved service of process of each State in which it is in-
by the board of directors. corporated and each State in which it carries on
(d) LOANS.—The corporation may not make a activities.
loan to a director, officer, or employee.
(e) CLAIM OF GOVERNMENTAL APPROVAL OR AU- (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1458.)
THORITY.—The corporation may not claim con- HISTORICAL AND REVISION NOTES
gressional approval or the authority of the
United States Government for any of its activi- Revised
Source (U.S. Code) Source (Statutes at Large)
Section
ties.
210311 ......... 36:3004. Oct. 30, 1984, Pub. L. 98–565,
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1458.) § 4, 98 Stat. 2920.
HISTORICAL AND REVISION NOTES The words ‘‘in furtherance of its corporate purposes’’
Revised
are omitted as unnecessary.
Section Source (U.S. Code) Source (Statutes at Large)
§ 210312. Liability for acts of officers and agents
210308 ......... 36:3008. Oct. 30, 1984, Pub. L. 98–565,
§ 8, 98 Stat. 2921. The corporation is liable for the acts of its of-
ficers and agents acting within the scope of
In subsection (a), the words ‘‘any shares of’’ are omit- their authority.
ted as unnecessary.
In subsection (c), the words ‘‘inure to the benefit of’’ (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1458.)
are substituted for ‘‘inure to’’ for consistency in the re-
vised title. The words ‘‘This subsection does not pre- HISTORICAL AND REVISION NOTES
vent’’ are substituted for ‘‘Nothing in this subsection
Revised Source (U.S. Code) Source (Statutes at Large)
shall be construed to prevent’’ for consistency in the Section
revised title.
210312 ......... 36:3009. Oct. 30, 1984, Pub. L. 98–565,
§ 210309. Duty to maintain tax-exempt status § 9, 98 Stat. 2921.

The corporation shall maintain its status as § 210313. Annual report


an organization exempt from taxation under the
Internal Revenue Code of 1986 (26 U.S.C. 1 et The corporation shall submit an annual report
seq.). to Congress on the activities of the corporation
during the prior fiscal year. The report shall be
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1458.) submitted at the same time as the report of the
HISTORICAL AND REVISION NOTES audit required by section 10101 of this title. The
report may not be printed as a public document.
Revised Source (U.S. Code) Source (Statutes at Large)
Section (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1458.)
210309 ......... 36:3014 (1st sen- Oct. 30, 1984, Pub. L. 98–565, HISTORICAL AND REVISION NOTES
tence). § 15 (1st sentence), 98 Stat.
2922. Revised
Section Source (U.S. Code) Source (Statutes at Large)

§ 210310. Records and inspection 210313 ......... 36:3011. Oct. 30, 1984, Pub. L. 98–565,
§ 12, 98 Stat. 2922.
(a) RECORDS.—The corporation shall keep—
Page 249 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 220104
AND ORGANIZATIONS

TERMINATION OF REPORTING REQUIREMENTS Forces, may carry on their historic work of


For termination, effective May 15, 2000, of reporting serving the religious, spiritual, social, welfare,
provisions in this section, see section 3003 of Pub. L. educational, and entertainment needs of men
104–66, as amended, set out as a note under section 1113 and women in the Armed Forces and be af-
of Title 31, Money and Finance, and page 207 of House forded an appropriate means of participation
Document No. 103–7. and financial assistance;
CHAPTER 2201—UNITED SERVICE (5) to coordinate their programs; and
ORGANIZATIONS, INCORPORATED (6) other consonant purposes.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1459.)
Sec.
220101. Organization. HISTORICAL AND REVISION NOTES
220102. Purposes.
220103. Membership. Revised Source (U.S. Code) Source (Statutes at Large)
220104. Governing body. Section
220105. Powers. 220102 ......... 36:1302. Dec. 29, 1979, Pub. L. 96–165,
220106. Exclusive right to name, seals, emblems, and § 2, 93 Stat. 1268.
badges.
220107. Assistance by Department of Defense. Before clause (1), the word ‘‘objects’’ is omitted as in-
220108. Restrictions. cluded in ‘‘purposes’’.
220109. Duty to maintain corporate status. In clause (4), the words ‘‘and to accept the coopera-
220110. Principal office. tion of individual citizens in accomplishing its pur-
220111. Records and inspection. poses’’ are omitted as unnecessary because of clause (1)
220112. Service of process. of this section.
220113. Annual report.
220114. Distribution of assets on dissolution or final § 220103. Membership
liquidation.
Except as provided in this chapter, the rights,
§ 220101. Organization privileges, and designation of classes of mem-
bers are as provided in the bylaws. The member-
(a) FEDERAL CHARTER.—United Service Organi- ship of the corporation consists of—
zations, Incorporated (in this chapter, the ‘‘cor- (1) nine individuals designated by the Presi-
poration’’), is a federally chartered corporation. dent; and
(b) PERPETUAL EXISTENCE.—Except as other- (2) representatives of the civilian organiza-
wise provided, the corporation has perpetual ex- tions listed in section 220102(4) of this title,
istence. and of the public at large, as provided in the
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1459.) bylaws.
HISTORICAL AND REVISION NOTES (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1459.)

Revised HISTORICAL AND REVISION NOTES


Section Source (U.S. Code) Source (Statutes at Large)
Revised Source (U.S. Code) Source (Statutes at Large)
220101 ......... 36:1301. Dec. 29, 1979, Pub. L. 96–165, Section
§ 1, 93 Stat. 1267.
220103 ......... 36:1305(a). Dec. 29, 1979, Pub. L. 96–165,
§ 5(a), 93 Stat. 1270.
This section is substituted for the source provision
for consistency in the revised title and to eliminate un-
The text of 36:1305(a) (1st–3d sentences) and the word
necessary and executed language.
‘‘Thereafter’’ are omitted as executed and obsolete.
§ 220102. Purposes
§ 220104. Governing body
The purposes of the corporation are—
(a) BOARD OF GOVERNORS.—(1) The board of
(1) to provide a voluntary civilian agency
governors is the governing body of the corpora-
through which the people of this Nation may,
tion. The board is responsible for the general
in peace or war, serve the religious, spiritual,
policies and program of the corporation and for
social, welfare, educational, and entertain-
the control of the affairs and property of the
ment needs of men and women in the Armed
corporation.
Forces, within or without the territorial lim-
(2) The board shall be elected by the members
its of the United States;
of the corporation for the term and in the class-
(2) to contribute to the maintenance of mo-
es provided in the bylaws of the corporation.
rale of men and women in the Armed Forces;
The board includes—
(3) to solicit funds to maintain the organiza-
(A) six members appointed by the President;
tion and accomplish its responsibility;
(B) the Secretary of Defense or the Sec-
(4) to accept the cooperation of, and provide
retary’s designee; and
an organization and means through which, the
(C) representatives of the civilian organiza-
National Board of Young Men’s Christian As-
tions listed in section 220102(4) of this title,
sociations, the National Board of Young Wom-
and of the public at large, as provided in the
en’s Christian Associations, the National
bylaws.
Catholic Community Service, the Salvation
Army, the National Jewish Welfare Board, the (3) The corporation may have other governing
Travelers Aid-International Social Service of bodies or committees as provided in the bylaws.
America, and other civilian agencies experi- (b) OFFICERS.—(1) The office of honorary chair-
enced in specialized types of related work, man of the corporation shall be offered to the
which may be needed adequately to meet the President. On acceptance, the honorary chair-
particular needs of the members of the Armed man shall be invited to preside at meetings of
§ 220105 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 250
AND ORGANIZATIONS

the corporation that the honorary chairman In this section, the text of 36:1306 (1st sentence) is
deems appropriate and convenient. omitted as executed and obsolete.
Before clause (1), the word ‘‘objects’’ is omitted as in-
(2) The corporation may have other officers as cluded in ‘‘purposes’’. The word ‘‘including’’ is sub-
provided in the bylaws. stituted for ‘‘Without limiting the generality of the
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1460; Pub. foregoing, the corporation shall have the following spe-
cific powers’’ to eliminate unnecessary words.
L. 109–284, § 5(11), Sept. 27, 2006, 120 Stat. 1212.) In clause (1), the word ‘‘adopt’’ is substituted for
HISTORICAL AND REVISION NOTES ‘‘enact’’, the word ‘‘regulations’’ is substituted for
‘‘rules, and regulations’’, and the words ‘‘for the man-
Revised agement of its property and the regulation of its af-
Source (U.S. Code) Source (Statutes at Large)
Section fairs’’ are substituted for ‘‘for its internal governance
and management’’, for consistency in the revised title.
220104(a) ..... 36:1305(b), (c). Dec. 29, 1979, Pub. L. 96–165,
§ 5(b)–(d), 93 Stat. 1270. The words ‘‘not inconsistent with this chapter or other
220104(b) ..... 36:1305(d). provisions of law’’ are omitted as unnecessary.
In clause (5), the words ‘‘as the activities of the cor-
In subsection (a)(1), the words ‘‘The board of gov- poration require’’ are substituted for ‘‘as may be nec-
ernors is the governing body of the corporation’’ are essary to carry out the corporate purposes’’ for consist-
substituted for ‘‘The management of the corporation ency in the revised title.
shall be entrusted to a board of governors’’ for consist- In clause (6), the words ‘‘make contracts’’ are sub-
ency in the revised title. stituted for ‘‘make and enter into contracts’’ for con-
In subsection (a)(2), the text of 36:1305(b) (2d sentence) sistency in the revised title and to eliminate unneces-
and the word ‘‘Thereafter’’ are omitted as executed and sary words.
Clause (7) is substituted for 36:1303(d) for consistency
obsolete.
in the revised title.
In subsection (b)(1), the word ‘‘offered’’ is substituted In clause (8), the words ‘‘for the purposes of the cor-
for ‘‘tendered’’ to use a more common word. poration’’ are omitted as unnecessary. The words ‘‘in-
AMENDMENTS struments of indebtedness, and secure its obligations
by granting security interests in its property’’ are sub-
2006—Subsec. (a)(2)(B). Pub. L. 109–284 substituted stituted for ‘‘bonds therefor, and secure the same by
‘‘Defense’’ for ‘‘State’’. mortgage’’ for consistency in the revised title. The
words ‘‘subject in every case to all applicable provi-
§ 220105. Powers sions of Federal and State law’’ are omitted as unneces-
sary.
The corporation has all the powers necessary In clause (10), the words ‘‘State, regional, local, and
and proper to carry out the purposes stated in overseas’’ are omitted as unnecessary. The words ‘‘as
section 220102 of this title, including the power— needed’’ are substituted for ‘‘in such manner and by
(1) to adopt and amend bylaws and regula- such rules as it deems appropriate so as to enable it’’,
tions for the management of its property and and the words ‘‘to carry out the purposes stated in sec-
the regulation of its affairs; tion 220102 of this title’’ are substituted for ‘‘to carry
out its powers and accomplish the objects and purposes
(2) to adopt and alter a corporate seal;
set forth in section 1302 of this title’’, to eliminate un-
(3) to adopt and alter emblems and marks; necessary words.
(4) to establish and maintain offices to con- In clause (11), the word ‘‘raise’’ is omitted as included
duct the affairs of the corporation; in ‘‘solicit’’. The words ‘‘for the accomplishment of its
(5) to choose officers, representatives, and purposes’’ are omitted as unnecessary. The words ‘‘ac-
agents as the activities of the corporation re- cept gifts, legacies, devises, and support in furtherance
quire; thereof’’ are omitted as unnecessary because the same
power is granted by the words ‘‘solicit funds’’ (in this
(6) to make contracts; clause) and ‘‘acquire [and] own . . . property’’ (in
(7) to acquire, own, lease, encumber, and clause (6)).
transfer property as necessary or convenient In clause (12), the words ‘‘in any court’’ are omitted
to carry out the purposes of the corporation; as unnecessary.
(8) to borrow money, issue instruments of in- In clause (13), the words ‘‘any other act’’ are sub-
debtedness, and secure its obligations by stituted for ‘‘any and all acts and things’’ for consist-
ency in the revised title and to eliminate unnecessary
granting security interests in its property; words. The words ‘‘the purposes stated in section 220102
(9) to publish a magazine, newspaper, and of this title’’ are substituted for ‘‘the foregoing specifi-
other publications; cally enumerated purposes’’ for clarity and consistency
(10) to establish, regulate, and terminate in the revised section.
councils, organizations, chapters, or affiliates
as needed to carry out the purposes stated in § 220106. Exclusive right to name, seals, emblems,
section 220102 of this title; and badges
(11) to solicit funds; The corporation and its councils, organiza-
(12) to sue and be sued; and tions, chapters, and affiliates have the exclusive
(13) to do any other act necessary and proper right to use the names ‘‘United Service Organi-
to carry out the purposes stated in section zations, Incorporated’’ and ‘‘USO’’ and seals,
220102 of this title. emblems, and badges the corporation adopts.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1460.) (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1461.)
HISTORICAL AND REVISION NOTES HISTORICAL AND REVISION NOTES

Revised Revised Source (U.S. Code) Source (Statutes at Large)


Section Source (U.S. Code) Source (Statutes at Large) Section

220105 ......... 36:1303. Dec. 29, 1979, Pub. L. 96–165, 220106 ......... 36:1307. Dec. 29, 1979, Pub. L. 96–165,
§§ 3, 6 (1st sentence), 93 § 7, 93 Stat. 1271.
Stat. 1269, 1271.
36:1306 (1st sen- The word ‘‘sole’’ is omitted as included in ‘‘exclu-
tence).
sive’’, and the words ‘‘such distinctive insignia’’ are
Page 251 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 220111
AND ORGANIZATIONS

omitted as included in ‘‘seals, emblems, and badges’’. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1461.)
The words ‘‘lawfully’’ and ‘‘in carrying out its pur-
poses’’ are omitted as unnecessary. HISTORICAL AND REVISION NOTES

§ 220107. Assistance by Department of Defense Revised Source (U.S. Code) Source (Statutes at Large)
Section
The Secretary of Defense may make the re- 220108(a) ..... 36:1304(b) (last sen- Dec. 29, 1979, Pub. L. 96–165,
sources of the Department of Defense, including tence). § 4(a), (b), (d), (e), 93 Stat.
1269, 1270.
access to General Services Administration sup- 220108(b) ..... 36:1304(b) (1st sen-
plies and services through the Federal Supply tence).
220108(c) ..... 36:1304(a).
Schedule of the General Services Administra- 220108(d) ..... 36:1304(d).
tion, available to the corporation to the extent 220108(e) ..... 36:1304(e).
compatible with the primary mission of the De-
partment and in accordance with guidelines is- In subsection (a), before clause (1), the word ‘‘pecu-
sued by the Secretary. niary’’ is omitted as unnecessary.
In subsection (b), the words ‘‘any shares of capital’’
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1461; Pub. are omitted as unnecessary.
L. 108–375, div. A, title VIII, § 820, Oct. 28, 2004, In subsection (c), the words ‘‘as an organization’’ are
118 Stat. 2016.) omitted as unnecessary.
In subsection (d) the words ‘‘inure to the benefit of’’
HISTORICAL AND REVISION NOTES are substituted for ‘‘inure to’’ for consistency in the re-
vised title.
Revised Source (U.S. Code) Source (Statutes at Large)
Section § 220109. Duty to maintain corporate status
220107 ......... 36:1308. Dec. 29, 1979, Pub. L. 96–165,
§ 8, 93 Stat. 1271. The corporation shall maintain its status as a
corporation incorporated under the laws of New
The words ‘‘Secretary of Defense’’ are substituted for York, another State, or the District of Colum-
‘‘Department of Defense’’ the first time they appear be- bia.
cause of 10:113(a). The words ‘‘in order to facilitate the
accomplishment of the USO mission’’ are omitted as (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1461.)
unnecessary.
HISTORICAL AND REVISION NOTES
AMENDMENTS
Revised Source (U.S. Code) Source (Statutes at Large)
2004—Pub. L. 108–375 inserted ‘‘, including access to Section
General Services Administration supplies and services
220109 ......... 36:1306 (last sen- Dec. 29, 1979, Pub. L. 96–165,
through the Federal Supply Schedule of the General tence). § 6 (last sentence), 93 Stat.
Services Administration,’’ after ‘‘Department of De- 1271.
fense’’.

§ 220108. Restrictions § 220110. Principal office

(a) PROFIT.—The corporation may not engage The principal office of the corporation shall be
in business activity for profit unless the activity in New York, New York, or another place de-
is substantially related to— cided by the board of governors. However, the
(1) the purposes stated in section 220102 of activities of the corporation are not confined to
this title; or the place where the principal office is located
(2) raising funds to accomplish those pur- but may be conducted throughout the States,
poses. territories, and possessions of the United States
and in foreign countries.
(b) STOCK AND DIVIDENDS.—The corporation
may not issue stock or declare or pay a divi- (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1461.)
dend. HISTORICAL AND REVISION NOTES
(c) POLITICAL ACTIVITIES.—The corporation
shall be nonpolitical and may not provide finan- Revised
Section Source (U.S. Code) Source (Statutes at Large)
cial aid or assistance to, or otherwise promote
the candidacy of, an individual seeking elective 220110 ......... 36:1309(a). Dec. 29, 1979, Pub. L. 96–165,
§ 9(a), 93 Stat. 1271.
public office. A substantial part of the activities
of the corporation may not involve carrying on The word ‘‘various’’ is omitted as unnecessary.
propaganda or otherwise attempting to influ-
ence legislation. § 220111. Records and inspection
(d) DISTRIBUTION OF INCOME OR ASSETS.—The
(a) RECORDS.—The corporation shall keep—
income or assets of the corporation may not
(1) correct and complete records of account;
inure to the benefit of a governor, officer, mem-
(2) minutes of the proceedings of its mem-
ber, or employee or be distributed to any person
bers, board of governors, and committees hav-
during the life of the corporation or on its dis-
ing any of the authority of its board of gov-
solution or final liquidation. This subsection
ernors; and
does not prevent the payment of reasonable
(3) at its principal office, a record of the
compensation to an officer, employee, or other
names and addresses of its members entitled
person or reimbursement for actual necessary
to vote.
expenses in amounts approved by the board of
governors. (b) INSPECTION.—A member, or an agent or at-
(e) LOANS.—The corporation may not make a torney of the member, may inspect the records
loan to a governor, officer, member, or em- of the corporation for any proper purpose, at
ployee. any reasonable time.
§ 220112 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 252
AND ORGANIZATIONS

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1461.) pliance with the bylaws. However, the assets of
the corporation are irrevocably dedicated to
HISTORICAL AND REVISION NOTES
charitable purposes and may not inure to the
Revised benefit of a private person except a fund, foun-
Section Source (U.S. Code) Source (Statutes at Large)
dation, or organization operated exclusively for
220111 ......... 36:1309(d). Dec. 29, 1979, Pub. L. 96–165, charitable purposes.
§ 9(d), 93 Stat. 1271.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1462.)
The word ‘‘records’’ is substituted for ‘‘books and HISTORICAL AND REVISION NOTES
records’’ for consistency in the revised title and with
other titles of the United States Code. Revised
Section Source (U.S. Code) Source (Statutes at Large)
§ 220112. Service of process
220114 ......... 36:1304(c). Dec. 29, 1979, Pub. L. 96–165,
(a) DISTRICT OF COLUMBIA.—The corporation § 4(c), 93 Stat. 1269.
shall have a designated agent in the District of
The word ‘‘satisfaction’’ is omitted as included in
Columbia to receive service of process for the ‘‘discharge’’, and the word ‘‘obligations’’ is omitted as
corporation. Notice to or service on the agent, included in ‘‘liabilities’’. The word ‘‘outstanding’’ is
or mailed to the business address of the agent, is omitted as unnecessary. The words ‘‘as provided by’’
notice to or service on the corporation. are substituted for ‘‘in accordance with the determina-
(b) STATES, TERRITORIES, AND POSSESSIONS.— tion of’’ for consistency in the revised title. The words
The corporation shall file, with the secretary of ‘‘and all Federal and State laws applicable thereto’’ are
state or other designated official of each State, omitted as unnecessary. The word ‘‘organization’’ is
substituted for ‘‘association, or corporation’’ to omit
territory, or possession of the United States in
unnecessary words.
which the corporation or a council, organiza-
tion, chapter, or affiliate may have activities, CHAPTER 2203—UNITED STATES CAPITOL
the name and address of an agent in that State, HISTORICAL SOCIETY
territory, or possession on whom legal process
Sec.
or demands against the corporation may be
220301. Organization.
served. 220302. Purposes.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1462.) 220303. Membership.
220304. Governing body.
HISTORICAL AND REVISION NOTES 220305. Powers.
220306. Exclusive right to name, seals, emblems, in-
Revised Source (U.S. Code) Source (Statutes at Large) signia, marks, and words.
Section 220307. Tax exemption.
220112(a) ..... 36:1309(b). Dec. 29, 1979, Pub. L. 96–165, 220308. Restrictions.
§ 9(b), (c), 93 Stat. 1271. 220309. Duty to maintain corporate status.
220112(b) ..... 36:1309(c). 220310. Principal office.
220311. Records and inspection.
In subsection (b), the words ‘‘with the secretary of 220312. Service of process.
state or other designated official’’ are substituted for 220313. Liability for acts of officers and agents.
‘‘in the office of the secretary’’ for clarity and consist- 220314. Annual report and audit.
ency in the revised title. The words ‘‘local, State, or re- 220315. Distribution of assets on dissolution or final
gional’’, ‘‘post office’’, and ‘‘authorized’’ are omitted as liquidation.
unnecessary. The words ‘‘in that State, territory, or
possession’’ are added (the 2d time they appear), and § 220301. Organization
the words ‘‘legal process’’ are substituted for ‘‘local
(a) FEDERAL CHARTER.—United States Capitol
process’’, for clarity and consistency in the revised
title. Historical Society (in this chapter, the ‘‘cor-
poration’’) is a federally chartered corporation.
§ 220113. Annual report (b) PLACE OF INCORPORATION.—The corporation
is declared to be incorporated in the District of
The corporation shall make public an annual
Columbia.
report on its activities for the prior calendar
(c) PERPETUAL EXISTENCE.—Except as other-
year.
wise provided, the corporation has perpetual ex-
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1462.) istence.
HISTORICAL AND REVISION NOTES (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1462.)
Revised HISTORICAL AND REVISION NOTES
Section Source (U.S. Code) Source (Statutes at Large)
Revised Source (U.S. Code) Source (Statutes at Large)
220113 ......... 36:1309(e), (f). Dec. 29, 1979, Pub. L. 96–165, Section
§ 9(e), (f), 93 Stat. 1272.
220301 ......... 36:1201. Oct. 20, 1978, Pub. L. 95–493,
The word ‘‘proceedings’’ is omitted for consistency in §§ 1, 2, 92 Stat. 1643.
36:1202.
the revised title. The text of 36:1309(f) is omitted as un-
necessary because of 36:1101(50). This section is substituted for the source provisions
for consistency in the revised title and to eliminate ex-
§ 220114. Distribution of assets on dissolution or
ecuted and obsolete words.
final liquidation
§ 220302. Purposes
On dissolution or final liquidation of the cor-
poration, any assets remaining after the dis- The purposes of the corporation are—
charge of all liabilities shall be distributed as (1) to encourage in the most comprehensive
provided by the board of governors, but in com- and enlightened manner an understanding by
Page 253 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 220305
AND ORGANIZATIONS

the American people of the founding, growth, privileges of trustees, including the right to
and significance of the Capitol of the United vote.
States as the tangible symbol of their rep- (4) The board shall meet at least once a year
resentative form of government; in the Capitol of the United States. The board
(2) to undertake research into the history of may meet at other times as decided by the
the Congress and the Capitol and to promote chairman. A meeting may be held only at a time
discussion, publication, and dissemination of and place stated in the bylaws or on 30 days’
the results of this research; written notice.
(3) to foster and increase an informed patri- (b) OFFICERS.—(1) The officers of the corpora-
otism among the citizens in the study of this tion are a president, 5 vice presidents, a treas-
living memorial to the founders of this Nation urer, and a secretary. The president is the chief
and the continuing thread of principles as ex- executive officer.
emplified by their successors; and (2) The officers shall be elected annually by
(4) to cooperate with the standing commit- the board of trustees and continue in office at
tees of Congress, the Library of Congress, the the pleasure of the board.
Architect of the Capitol, and relevant depart- (3) The duties of the officers are the usual du-
ments, agencies, and instrumentalities of the ties pertaining to their offices and any addi-
executive branch of the United States Govern- tional duties delegated by the board.
ment in carrying out the purposes of the cor- (4) Officers may be compensated for their serv-
poration. ices, and reimbursed for actual expenses, in
amounts decided by the board.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1463.)
(c) EMPLOYEES.—The board of trustees may
HISTORICAL AND REVISION NOTES employ an executive secretary and other person-
nel needed to assist the board and the officers to
Revised carry out the activities of the corporation. Em-
Section Source (U.S. Code) Source (Statutes at Large)
ployees serve at the pleasure of the board. The
220302 ......... 36:1203. Oct. 20, 1978, Pub. L. 95–493, board shall prescribe the compensation and du-
§ 3, 92 Stat. 1643.
ties of employees.
Before clause (1), the word ‘‘objects’’ is omitted as in- (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1463.)
cluded in ‘‘purposes’’.
In clause (3), the words ‘‘among the citizens’’ are sub- HISTORICAL AND REVISION NOTES
stituted for ‘‘of the land’’ for clarity.
In clause (4), the words ‘‘departments, agencies, and Revised
Section Source (U.S. Code) Source (Statutes at Large)
instrumentalities’’ are substituted for ‘‘departments
and agencies’’ for consistency in the revised title and 220304(a)(1) 36:1207(a) (1st–21st Oct. 20, 1978, Pub. L. 95–493,
with other titles of the United States Code. words). §§ 7, 8, 92 Stat. 1645.
220304(a)(2) 36:1207(a) (22d–last
words), (b), (d).
§ 220303. Membership 220304(a)(3) 36:1208(b) (1st sen-
tence).
Except as provided in this chapter, eligibility 220304(a)(4) 36:1207(c).
for membership in the corporation and the 220304(b)(1) 36:1208(a).
220304(b)(2) 36:1208(c).
rights and privileges of members are as provided 220304(b)(3) 36:1208(d).
in the constitution and bylaws of the corpora- 220304(b)(4) 36:1208(b) (last sen-
tence).
tion. 220304(c) ..... 36:1208(e).

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1463.) In this section, the word ‘‘active’’ is omitted as un-
HISTORICAL AND REVISION NOTES necessary.
In subsection (a)(1), the words ‘‘The board of trustees
Revised is the governing body of the corporation’’ are added for
Source (U.S. Code) Source (Statutes at Large)
Section clarity and consistency in the revised title. The words
‘‘is responsible for’’ are substituted for ‘‘shall be vested
220303 ......... 36:1206. Oct. 20, 1978, Pub. L. 95–493,
§ 6, 92 Stat. 1645. in’’ for consistency in the revised title. The word ‘‘man-
agement’’ is omitted as included in ‘‘control’’.
In subsection (a)(3), the words ‘‘During their respec-
§ 220304. Governing body tive terms of office’’ are omitted as unnecessary.
(a) BOARD OF TRUSTEES.—(1) The board of In subsection (a)(4), the words ‘‘at Washington, Dis-
trustees is the governing body of the corpora- trict of Columbia’’ and ‘‘in advance of any such meet-
ing’’ are omitted as unnecessary.
tion. The board is responsible for the control of In subsection (b)(4), the words ‘‘other remuneration’’
all funds and affairs of the corporation. as [sic] are omitted as unnecessary.
(2) Exclusive of ex officio and honorary mem- In subsection (c), the word ‘‘activities’’ is substituted
bers, the board shall consist of at least 12 but for ‘‘programs and business’’ to eliminate unnecessary
not more than 40 trustees, one of whom shall be words.
elected chairman. Trustees shall be elected by
§ 220305. Powers
the board of trustees for a term of 4 years. A
trustee may not be reelected as a trustee within The corporation may—
one year of the expiration of the prior term, ex- (1) adopt and amend a constitution and by-
cept by the unanimous vote of the trustees laws for the management of its property and
present and voting. A trustee may be removed at the regulation of its affairs;
any time, with or without cause, by a two-thirds (2) adopt and alter a corporate seal;
vote of the other trustees. (3) choose officers, managers, and agents as
(3) The officers of the corporation are ex offi- the activities of the corporation require;
cio members of the board with all the rights and (4) make contracts;
§ 220306 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 254
AND ORGANIZATIONS

(5) acquire, own, lease, encumber, and trans- § 220306. Exclusive right to name, seals, emblems,
fer property as necessary or convenient to insignia, marks, and words
carry out the purposes of the corporation;
(6) borrow money, issue instruments of in- The corporation has the exclusive right to use
debtedness, and secure its obligations by the name ‘‘United States Capitol Historical So-
granting security interests in its property; ciety’’ and seals, emblems, distinctive insignia,
(7) produce, buy, and market commemora- and descriptive or designating marks, words, or
tive medals, souvenirs, publications, pictures, phrases required to carry out the duties and
and cinemas consistent with the purposes of powers of the corporation. This section does not
the corporation; affect any vested rights.
(8) charge and collect membership dues; (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1464.)
(9) conduct fund raising campaigns and ac-
cept contributions; HISTORICAL AND REVISION NOTES
(10) sue and be sued; and Revised
(11) do any other act necessary and proper to Section Source (U.S. Code) Source (Statutes at Large)
carry out the purposes of the corporation.
220306 ......... 36:1215. Oct. 20, 1978, Pub. L. 95–493,
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1464.) § 15, 92 Stat. 1647.

HISTORICAL AND REVISION NOTES The word ‘‘sole’’ is omitted as included in ‘‘exclu-
sive’’. The words ‘‘required to carry out the duties and
Revised Source (U.S. Code) Source (Statutes at Large) powers of the corporation’’ are substituted for ‘‘as may
Section
be required in the furtherance of its functions’’ for con-
220305 ......... 36:1204. Oct. 20, 1978, Pub. L. 95–493, sistency in the revised title and with other titles of the
§§ 4, 16 (1st sentence), 92 United States Code. The words ‘‘This section does not
Stat. 1644, 1647.
36:1216 (1st sen- affect any vested rights’’ are substituted for ‘‘Nothing
tence). in this section shall be construed to interfere or con-
flict with established or vested rights’’ for consistency
In this section, the text of 36:1216 (1st sentence) is in the revised title and to eliminate unnecessary words.
omitted as executed and obsolete.
In clause (1), the word ‘‘apply’’ is omitted as unneces- § 220307. Tax exemption
sary. The word ‘‘alter’’ is omitted as included in
‘‘amend’’. The words ‘‘not inconsistent with the laws of Notwithstanding section 105 of title 4 of the
the United States of America or any State in which the United States Code or any provision of the Dis-
corporation is to operate’’ are omitted as unnecessary. trict of Columbia Code, the corporation is not
In clause (2), the word ‘‘use’’ is omitted as unneces- required to pay, collect, or account for any tax
sary. specified in those provisions in connection with
In clause (3), the word ‘‘activities’’ is substituted for activities conducted within, or on the grounds
‘‘business’’ for consistency in the revised title.
In clause (4), the words ‘‘make contracts’’ are sub- of, the United States Capitol Building.
stituted for ‘‘contract and be contracted with’’ for con- (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1464.)
sistency in the revised title and to eliminate unneces-
sary words. HISTORICAL AND REVISION NOTES
Clause (5) is substituted for ‘‘take hold by lease, gift,
purchase, grant, devise, bequest, or otherwise any prop- Revised Source (U.S. Code) Source (Statutes at Large)
Section
erty, real, personal, or mixed, necessary or convenient
for attaining the objects of the corporation’’ and 220307 ......... 36:1219. Oct. 20, 1978, Pub. L. 95–493,
‘‘transfer, lease, or convey real or personal property’’ § 19, as added Jan. 12, 1983,
Pub. L. 97–447, 96 Stat.
for consistency in the revised title and to eliminate un- 2364.
necessary words. The words ‘‘subject, however, to appli-
cable provisions of law of any State (1) governing the The words ‘‘or title 47, chapter 26 of the District of
amount or kind of real and personal property which Columbia Code (1973)’’ (subsequently covered in chapter
may be held by, or (2) otherwise limiting or controlling 20 of title 47 of the District of Columbia Code (1981)) are
the ownership or real and personal property which may omitted as unnecessary. The words ‘‘in connection with
be held by, or (3) otherwise limiting or controlling the activities conducted’’ are substituted for ‘‘applicable to
ownership of real and personal property by, a corpora- taxable events occurring’’ for clarity. The words ‘‘oc-
tion operating in such State’’ are omitted as unneces- curring . . . on or after January 1, 1964’’ are omitted as
sary. obsolete.
In clause (6), the words ‘‘for the purposes of the cor-
poration’’ are omitted as unnecessary. The words ‘‘in- § 220308. Restrictions
struments of indebtedness, and secure its obligations
by granting security interests in its property’’ are sub- (a) STOCK AND DIVIDENDS.—The corporation
stituted for ‘‘bonds or other evidences of indebtedness may not issue stock or declare or pay a divi-
therefor and secure the same mortgage or pledge’’ for dend.
consistency in the revised title. The words ‘‘subject to (b) DISTRIBUTION OF INCOME OR ASSETS.—The
applicable Federal or State laws’’ are omitted as un- income or assets of the corporation may not
necessary.
Clause (7) is substituted for 36:1204(k) and (l) to elimi- inure to the benefit of, or be distributed to, a
nate unnecessary words. trustee, officer, or member as such during the
In clause (9), the words ‘‘from individuals, corpora- life of the corporation or on its dissolution or
tions, and other bodies, foundations, and organiza- final liquidation. This subsection does not pre-
tions’’ are omitted as unnecessary. vent the payment of reasonable compensation to
In clause (10), the words ‘‘complain, and defend in any an officer or employee or reimbursement for ac-
court of competent jurisdiction’’ are omitted as unnec-
essary.
tual expenses in amounts approved by the board
In clause (11), the words ‘‘any other act’’ are sub- of trustees.
stituted for ‘‘any and all acts’’ for consistency in the (c) LOANS.—The corporation may not make a
revised title. loan or advance to a trustee, officer, or em-
Page 255 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 220314
AND ORGANIZATIONS

ployee. Trustees who vote for or assent to mak- (2) minutes of the proceedings of its mem-
ing a loan or advance to a trustee, officer, or bers, board of trustees, and committees having
employee, and officers who participate in mak- any of the authority of its board of trustees;
ing the loan or advance, are jointly and sever- and
ally liable to the corporation for the amount of (3) at its principal office, a record of the
the loan or advance until it is repaid. names and addresses of its members entitled
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1464.) to vote.
(b) INSPECTION.—A member entitled to vote, or
HISTORICAL AND REVISION NOTES
an agent or attorney of the member, may in-
Revised spect the records of the corporation for any
Section Source (U.S. Code) Source (Statutes at Large)
proper purpose, at any reasonable time.
220308(a) ..... 36:1211. Oct. 20, 1978, Pub. L. 95–493, (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1465.)
§§ 9, 11, 92 Stat. 1646.
220308(b) ..... 36:1209(a).
220308(c) ..... 36:1209(b). HISTORICAL AND REVISION NOTES

In subsection (a), the words ‘‘any shares of’’ are omit- Revised Source (U.S. Code) Source (Statutes at Large)
Section
ted as unnecessary.
In subsection (b), the words ‘‘inure to the benefit of’’ 220311 ......... 36:1212. Oct. 20, 1978, Pub. L. 95–493,
are substituted for ‘‘inure to’’ for consistency in the re- § 12, 92 Stat. 1646.
vised title. The words ‘‘This subsection does not pre-
vent’’ are substituted for ‘‘Nothing in this subsection, The word ‘‘records’’ is substituted for ‘‘books and
however, shall be construed to prevent’’ for consistency records’’ for consistency in the revised title and with
in the revised title and to eliminate unnecessary words. other titles of the United States Code.
In subsection (c), the words ‘‘or advance’’ are added
§ 220312. Service of process
the first time they appear for consistency in the sub-
section. The word ‘‘Trustees’’ is substituted for ‘‘Any The corporation shall have a designated agent
director’’, and the word ‘‘trustee’’ is substituted for in the District of Columbia to receive service of
‘‘director’’, for clarity and consistency in the revised
process for the corporation. Notice to or service
chapter.
on the agent, or mailed to the business address
§ 220309. Duty to maintain corporate status of the agent, is notice to or service on the cor-
poration.
The corporation shall maintain its status as a
corporation incorporated under the laws of the (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1465.)
District of Columbia or a State. HISTORICAL AND REVISION NOTES
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1465.)
Revised
Section Source (U.S. Code) Source (Statutes at Large)
HISTORICAL AND REVISION NOTES
220312 ......... 36:1205(b). Oct. 20, 1978, Pub. L. 95–493,
Revised § 5(b) 92 Stat. 1644.
Section Source (U.S. Code) Source (Statutes at Large)

220309 ......... 36:1216 (last sen- Oct. 20, 1978, Pub. L. 95–493, The words ‘‘at all times’’ are omitted as unnecessary.
tence). § 16 (last sentence), 92 The words ‘‘to receive’’ are substituted for ‘‘authorized
Stat. 1647. to accept’’, and the words ‘‘is notice to or service on’’
are substituted for ‘‘shall be deemed as service or no-
The word ‘‘retain’’ is omitted as unnecessary. tice upon’’, for consistency in the revised title.
§ 220310. Principal office § 220313. Liability for acts of officers and agents
The principal office of the corporation shall be The corporation is liable for the acts of its of-
in the District of Columbia or another place de- ficers and agents acting within the scope of
cided by the board of trustees. However, the ac- their authority.
tivities of the corporation are not confined to
the place where the principal office is located (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1465.)
but may be conducted throughout the States, HISTORICAL AND REVISION NOTES
territories, and possessions of the United States.
Revised
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1465.) Section Source (U.S. Code) Source (Statutes at Large)

HISTORICAL AND REVISION NOTES 220313 ......... 36:1210. Oct. 20, 1978, Pub. L. 95–493,
§ 10, 92 Stat. 1646.
Revised
Section Source (U.S. Code) Source (Statutes at Large)
The word ‘‘when’’ is omitted as unnecessary.
220310 ......... 36:1205(a). Oct. 20, 1978, Pub. L. 95–493,
§ 5(a), 92 Stat. 1644. § 220314. Annual report and audit

The words ‘‘board of trustees’’ are substituted for


(a) ANNUAL REPORT.—The corporation shall
‘‘board of directors’’ for clarity and consistency in the submit an annual report to each House of Con-
revised chapter. The words ‘‘States, territories, and gress on the activities of the corporation during
possessions of the United States’’ are substituted for the prior fiscal year. The report shall be submit-
‘‘various possessions of the United States’’ for consist- ted as soon as practical after the end of each fis-
ency in the revised title. cal year.
(b) AUDIT.—In addition to complying with the
§ 220311. Records and inspection
audit requirements of section 10101 of this title,
(a) RECORDS.—The corporation shall keep— the corporation shall comply with section 5108
(1) correct and complete records of account; of title 40.
§ 220315 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 256
AND ORGANIZATIONS

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1465; Pub. Sec.
L. 107–217, § 3(i)(2), Aug. 21, 2002, 116 Stat. 1300.) 220526. Restricted amateur athletic competitions.
220527. Complaints against national governing bod-
HISTORICAL AND REVISION NOTES ies.
220528. Applications to replace an incumbent na-
Revised
Source (U.S. Code) Source (Statutes at Large) tional governing body.
Section 220529. Arbitration of corporation determinations.
220314(a) ..... 36:1217. Oct. 20, 1978, Pub. L. 95–493,
§§ 13(b), 17, 92 Stat. 1646, AMENDMENTS
1647.
220314(b) ..... 36:1213(b). 2006—Pub. L. 109–284, § 5(12), Sept. 27, 2006, 120 Stat.
1212, substituted ‘‘Short title and definitions’’ for
In subsection (b), the words ‘‘In addition to comply- ‘‘Definitions’’ in item 220501.
ing with the audit requirements of section 10101 of this 1998—Pub. L. 105–277, div. C. title I, § 142(j)(2), (k)(2),
title’’ are added for clarity. Oct. 21, 1998, 112 Stat. 2681–606, 2681–607, substituted
‘‘Report’’ for ‘‘Annual report’’ in item 220511 and added
AMENDMENTS item 220512.
2002—Subsec. (b). Pub. L. 107–217 substituted ‘‘section
5108 of title 40’’ for ‘‘section 451 of the Legislative Reor- SUBCHAPTER I—CORPORATION
ganization Act of 1970 (40 U.S.C. 193m–1)’’.
§ 220501. Short title and definitions
TERMINATION OF REPORTING REQUIREMENTS
(a) SHORT TITLE.—This chapter may be cited
For termination, effective May 15, 2000, of reporting as the ‘‘Ted Stevens Olympic and Amateur
provisions in subsec. (a) of this section, see section 3003
Sports Act’’.
of Pub. L. 104–66, as amended, set out as a note under
section 1113 of Title 31, Money and Finance, and page (b) DEFINITIONS.—For purposes of this chap-
207 of House Document No. 103–7. ter—
(1) ‘‘amateur athlete’’ means an athlete who
§ 220315. Distribution of assets on dissolution or meets the eligibility standards established by
final liquidation the national governing body or paralympic
On dissolution or final liquidation of the cor- sports organization for the sport in which the
poration, any assets remaining after the dis- athlete competes.
charge of all liabilities shall be distributed as (2) ‘‘amateur athletic competition’’ means a
provided by the board of trustees, but in compli- contest, game, meet, match, tournament, re-
ance with the constitution and bylaws of the gatta, or other event in which amateur ath-
corporation. letes compete.
(3) ‘‘amateur sports organization’’ means a
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1465.) not-for-profit corporation, association, or
HISTORICAL AND REVISION NOTES other group organized in the United States
that sponsors or arranges an amateur athletic
Revised Source (U.S. Code) Source (Statutes at Large) competition.
Section
(4) ‘‘corporation’’ means the United States
220315 ......... 36:1214. Oct. 20, 1978, Pub. L. 95–493, Olympic Committee.
§ 14, 92 Stat. 1646.
(5) ‘‘international amateur athletic competi-
The word ‘‘satisfaction’’ is omitted as included in tion’’ means an amateur athletic competition
‘‘discharge’’, and the word ‘‘obligations’’ is omitted as between one or more athletes representing the
included in ‘‘liabilities’’. The words ‘‘outstanding’’ and United States, individually or as a team, and
‘‘and all Federal and State laws applicable thereto’’ are one or more athletes representing a foreign
omitted as unnecessary. country.
(6) ‘‘national governing body’’ means an
CHAPTER 2205—UNITED STATES OLYMPIC
amateur sports organization that is recognized
COMMITTEE
by the corporation under section 220521 of this
SUBCHAPTER I—CORPORATION title.
Sec. (7) ‘‘paralympic sports organization’’ means
220501. Short title and definitions. an amateur sports organization which is rec-
220502. Organization. ognized by the corporation under section
220503. Purposes. 220521 of this title.
220504. Membership. (8) ‘‘sanction’’ means a certificate of ap-
220505. Powers.
220506. Exclusive right to name, seals, emblems, and
proval issued by a national governing body.
badges. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1466; Pub.
220507. Restrictions. L. 105–277, div. C, title I, § 142(b)(2), (c), Oct. 21,
220508. Headquarters, principal office, and meetings.
1998, 112 Stat. 2681–603; Pub. L. 109–284, § 5(13),
220509. Resolution of disputes.
220510. Service of process. (14), Sept. 27, 2006, 120 Stat. 1212.)
220511. Report. HISTORICAL AND REVISION NOTES
220512. Complete teams.
SUBCHAPTER II—NATIONAL GOVERNING BODIES Revised Source (U.S. Code) Source (Statutes at Large)
Section
220521. Recognition of amateur sports organizations
as national governing bodies. 220501 ......... 36:373. Sept. 21, 1950, ch. 975, title I,
§ 103, as added Nov. 8, 1978,
220522. Eligibility requirements. Pub. L. 95–606, § 1(b), 92
220523. Authority of national governing bodies. Stat. 3045.
220524. General duties of national governing bodies.
220525. Granting sanctions for amateur athletic com- In clause (3), the words ‘‘club, federation, union’’ are
petitions. omitted as unnecessary.
Page 257 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 220503
AND ORGANIZATIONS

In clause (5), the words ‘‘one or more athletes’’ are In subsection (c), the words ‘‘The corporation known
substituted for ‘‘any athlete or athletes’’ and for ‘‘any as the United States Olympic Association, which was
athletic or athletes’’ for clarity and to correct a gram- incorporated by this chapter, shall be known and des-
matical error. ignated on and after August 10, 1964, as the United
In clause (6), a reference to section 220522 (restating States Olympic Committee and’’ are omitted as exe-
36:391(b) and (c)) is unnecessary because section 220521 cuted. The words ‘‘such corporation under the name of’’
incorporates the eligibility requirements of section are omitted as unnecessary. The words ‘‘is deemed to’’
220522. are substituted for ‘‘shall be held to’’ for clarity. The
words ‘‘such corporation under and by the name of’’ are
AMENDMENTS
omitted as unnecessary.
2006—Pub. L. 109–284, § 5(13), substituted ‘‘Short title
and definitions’’ for ‘‘Title and Definitions’’ in section § 220503. Purposes
catchline.
Subsec. (a). Pub. L. 109–284, § 5(14), substituted ‘‘Short The purposes of the corporation are—
Title’’ for ‘‘Title’’ in heading. (1) to establish national goals for amateur
1998—Pub. L. 105–277, § 142(b)(2)(A), substituted ‘‘Title athletic activities and encourage the attain-
and Definitions’’ for ‘‘Definitions’’ in section catchline. ment of those goals;
Subsec. (a). Pub. L. 105–277, § 142(b)(2)(B), added sub- (2) to coordinate and develop amateur ath-
sec. (a). letic activity in the United States, directly re-
Subsec. (b). Pub. L. 105–277, § 142(b)(2)(C), designated lated to international amateur athletic com-
existing provisions as subsec. (b) and inserted heading.
petition, to foster productive working rela-
Subsec. (b)(1). Pub. L. 105–277, § 142(c)(1), inserted ‘‘or
paralympic sports organization’’ after ‘‘national gov- tionships among sports-related organizations;
erning body’’. (3) to exercise exclusive jurisdiction, di-
Subsec. (b)(7), (8). Pub. L. 105–277, § 142(c)(2), (3), added rectly or through constituent members of
par. (7) and redesignated former par. (7) as (8). committees, over—
(A) all matters pertaining to United States
REPORT TO CONGRESS ON EFFECTIVENESS OF CHAPTER
AND PROPOSED CHANGES
participation in the Olympic Games, the
Paralympic Games, and the Pan-American
Pub. L. 105–277, div. C, title I, § 142(q), Oct. 21, 1998, 112 Games, including representation of the
Stat. 2681–609, provided that: ‘‘Five years from the date
of the enactment of this Act [Oct. 21, 1998], the United
United States in the games; and
States Olympic Committee shall submit a special re- (B) the organization of the Olympic
port to the Congress on the effectiveness of the provi- Games, the Paralympic Games, and the Pan-
sions of chapter 2205 of title 36, United States Code, as American Games when held in the United
amended by this Act, together with any additional pro- States;
posed changes to that chapter the United States Olym-
(4) to obtain for the United States, directly
pic Committee determines are appropriate.’’
or by delegation to the appropriate national
§ 220502. Organization governing body, the most competent amateur
representation possible in each event of the
(a) FEDERAL CHARTER.—The corporation is a Olympic Games, the Paralympic Games, and
federally chartered corporation. Pan-American Games;
(b) PERPETUAL EXISTENCE.—Except as other- (5) to promote and support amateur athletic
wise provided, the corporation has perpetual ex- activities involving the United States and for-
istence. eign nations;
(c) REFERENCES TO UNITED STATES OLYMPIC (6) to promote and encourage physical fit-
ASSOCIATION.—Any reference to the United ness and public participation in amateur ath-
States Olympic Association is deemed to refer letic activities;
to the United States Olympic Committee. (7) to assist organizations and persons con-
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1466.) cerned with sports in the development of ama-
teur athletic programs for amateur athletes;
HISTORICAL AND REVISION NOTES (8) to provide swift resolution of conflicts
Revised and disputes involving amateur athletes, na-
Source (U.S. Code) Source (Statutes at Large)
Section tional governing bodies, and amateur sports
220502(a) ..... 36:371 (1st sentence). Sept. 21, 1950, ch. 975, title I, organizations, and protect the opportunity of
§ 101 (1st sentence), for- any amateur athlete, coach, trainer, manager,
merly § 1(1st sentence), 64
Stat. 899; Nov. 8, 1978, administrator, or official to participate in
Pub. L. 95–606, § 1(a)(1), (2), amateur athletic competition;
92 Stat. 3045. (9) to foster the development of amateur
36:372. Sept. 21, 1950, ch. 975, title I,
§§ 102, 105(a) (words before athletic facilities for use by amateur athletes
cl. (1) related to perpetual and assist in making existing amateur ath-
succession), as added Nov.
8, 1978, Pub. L. 95–606, letic facilities available for use by amateur
§ 1(b), 92 Stat. 3045, 3047. athletes;
220502(b) ..... 36:375(a) (words be-
fore cl. (1) related (10) to provide and coordinate technical in-
to perpetual suc- formation on physical training, equipment de-
cession).
220502(c) ..... 36:383. Aug. 10, 1964, Pub. L. 88–407, sign, coaching, and performance analysis;
78 Stat. 383. (11) to encourage and support research, de-
velopment, and dissemination of information
Subsection (a) is substituted for the source provisions
in the areas of sports medicine and sports safe-
for consistency in the revised title and to eliminate un-
necessary and executed words. ty;
In subsection (b), the words ‘‘Except as otherwise pro- (12) to encourage and provide assistance to
vided’’ are added, the word ‘‘has’’ is substituted for amateur athletic activities for women;
‘‘shall have’’, and the word ‘‘existence’’ is substituted (13) to encourage and provide assistance to
for ‘‘succession’’, for consistency in the revised title. amateur athletic programs and competition
§ 220504 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 258
AND ORGANIZATIONS

for amateur athletes with disabilities, includ- (B) ensure that the membership and voting
ing, where feasible, the expansion of opportu- power held by such amateur athletes is not
nities for meaningful participation by such less than 20 percent of the membership and
amateur athletes in programs of athletic com- voting power held in the board of directors
petition for able-bodied amateur athletes; and of the corporation and in the committees
(14) to encourage and provide assistance to and entities of the corporation;
amateur athletes of racial and ethnic minori- (3) amateur sports organizations that con-
ties for the purpose of eliciting the participa- duct a national program or regular national
tion of those minorities in amateur athletic amateur athletic competition in 2 or more
activities in which they are underrepresented. sports that are included on the program of the
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1466; Pub. Olympic Games, the Paralympic Games, or the
L. 105–277, div. C, title I, § 142(d), 112 Stat. Pan-American Games on a level of proficiency
2681–603.) appropriate for the selection of amateur ath-
letes to represent the United States in inter-
HISTORICAL AND REVISION NOTES
national amateur athletic competition; and
Revised (4) individuals not affiliated or associated
Section Source (U.S. Code) Source (Statutes at Large)
with any amateur sports organization who, in
220503 ......... 36:374. Sept. 21, 1950, ch. 975, title I, the corporation’s judgment, represent the in-
§ 104, as added Nov. 8, 1978, terests of the American public in the activi-
Pub. L. 95–606, § 1(b), 92
Stat. 3046. ties of the corporation.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1467; Pub.
Before clause (1), the word ‘‘objects’’ is omitted as in-
cluded in ‘‘purposes’’.
L. 105–277, div. C, title I, § 142(e), 112 Stat.
In clause (4), the word ‘‘competition’’ is omitted as 2681–603.)
included in ‘‘each event’’.
HISTORICAL AND REVISION NOTES
AMENDMENTS
Revised
1998—Pars. (3), (4). Pub. L. 105–277, § 142(d)(1), sub- Section Source (U.S. Code) Source (Statutes at Large)
stituted ‘‘Olympic Games, the Paralympic Games’’ for
220504 ......... 36:376. Sept. 21, 1950, ch. 975, title I,
‘‘Olympic Games’’ wherever appearing. § 106, as added Nov. 8, 1978,
Par. (13). Pub. L. 105–277, § 142(d)(2), added par. (13) and Pub. L. 95–606, § 1(b), 92
struck out former par. (13) which read as follows: ‘‘to Stat. 3048.
encourage and provide assistance to amateur athletic
programs and competition for individuals with disabil- In subsection (a), the words ‘‘is as provided in’’ are
ities, including, where feasible, the expansion of oppor- substituted for ‘‘shall be determined in accordance
tunities for meaningful participation by individuals with’’ for consistency in the revised title.
with disabilities in programs of athletic competition
AMENDMENTS
for able-bodied individuals; and’’.
1998—Subsec. (b)(1), (2). Pub. L. 105–277, § 142(e)(1),
§ 220504. Membership added pars. (1) and (2) and struck out former pars. (1)
and (2) which read as follows:
(a) ELIGIBILITY.—Eligibility for membership in ‘‘(1) amateur sports organizations recognized as na-
the corporation is as provided in the constitu- tional governing bodies under section 220521 of this
tion and bylaws of the corporation. title;
(b) REQUIRED PROVISIONS FOR REPRESENTA- ‘‘(2) amateur athletes who are actively engaged in
TION.—In its constitution and bylaws, the cor- amateur athletic competition or who have represented
poration shall establish and maintain provisions the United States in international amateur athletic
competition within the preceding 10 years;’’.
with respect to its governance and the conduct Subsec. (b)(3). Pub. L. 105–277, § 142(e)(2), inserted
of its affairs for reasonable representation of— ‘‘, the Paralympic Games,’’ after ‘‘Olympic Games’’.
(1) amateur sports organizations recognized
as national governing bodies and paralympic § 220505. Powers
sports organizations in accordance with sec-
(a) CONSTITUTION AND BYLAWS.—The corpora-
tion 220521 of this title, including through pro-
tion shall adopt a constitution and bylaws. The
visions which establish and maintain a Na-
corporation may amend its constitution only if
tional Governing Bodies’ Council composed of
the corporation—
representatives of the national governing bod- (1) publishes, in its principal publication, a
ies and any paralympic sports organizations notice of the proposed amendment, including—
and selected by their boards of directors or (A) the substantive terms of the amend-
such other governing boards to ensure effec- ment;
tive communication between the corporation (B) the time and place of the corporation’s
and such national governing bodies and para- regular meeting at which adoption of the
lympic sports organizations; amendment is to be decided; and
(2) amateur athletes who are actively en- (C) a provision informing interested per-
gaged in amateur athletic competition or who sons that they may submit materials as au-
have represented the United States in inter- thorized in clause (2) of this subsection; and
national amateur athletic competition within
the preceding 10 years, including through pro- (2) gives all interested persons an oppor-
visions which— tunity to submit written comments and infor-
(A) establish and maintain an Athletes’ mation for at least 60 days after publication of
Advisory Council composed of, and elected notice of the proposed amendment and before
by, such amateur athletes to ensure commu- adoption of the amendment.
nication between the corporation and such (b) GENERAL CORPORATE POWERS.—The cor-
amateur athletes; and poration may—
Page 259 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 220505
AND ORGANIZATIONS

(1) adopt and alter a corporate seal; Olympic Games, the Paralympic Games, the
(2) establish and maintain offices to conduct Pan-American Games, world championship
the affairs of the corporation; competition, the Pan-American world cham-
(3) make contracts; pionship competition, or other protected com-
(4) accept gifts, legacies, and devises in fur- petition as defined in the constitution and by-
therance of its corporate purposes; laws of the corporation; and
(5) acquire, own, lease, encumber, and trans- (6) provide financial assistance to any orga-
fer property as necessary to carry out the pur- nization or association, except a corporation
poses of the corporation; organized for profit, in furtherance of the pur-
(6) borrow money, issue instruments of in- poses of the corporation.
debtedness, and secure its obligations by (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1468; Pub.
granting security interests in its property; L. 105–277, div. C, title I, § 142(f), 112 Stat.
(7) publish a magazine, newspaper, and other 2681–604; Pub. L. 109–284, § 5(15), Sept. 27, 2006, 120
publications consistent with its corporate pur- Stat. 1212.)
poses;
(8) approve and revoke membership in the HISTORICAL AND REVISION NOTES
corporation;
Revised
(9) sue and be sued, except that any civil ac- Section Source (U.S. Code) Source (Statutes at Large)
tion brought in a State court against the cor-
220505(a) ..... 36:375(b). Sept. 21, 1950, ch. 975, title I,
poration and solely relating to the corpora- §§ 105 (less (a) (words be-
tion’s responsibilities under this chapter shall fore cl. (1) related to per-
petual succession)), 109, as
be removed, at the request of the corporation, added Nov. 8, 1978, Pub. L.
to the district court of the United States in 95–606, § 1(b), 92 Stat. 3047,
3048.
the district in which the action was brought, 220505(b) ..... 36:375(a) (words be-
and such district court shall have original ju- fore cl. (1) less
perpetual succes-
risdiction over the action without regard to sion), (6)–(10),
the amount in controversy or citizenship of (12)–(16).
36:379.
the parties involved, and except that neither 220505(c) ..... 36:375(a) (words be-
this paragraph nor any other provision of this fore cl. (1) less
perpetual succes-
chapter shall create a private right of action sion), (1)–(5), (11).
under this chapter; and
(10) do any other act necessary and proper to In subsection (a), before clause (1), the words ‘‘not in-
carry out the purposes of the corporation. consistent with the laws of the United States or of any
State’’ are omitted as unnecessary. In clause (1), the
(c) POWERS RELATED TO AMATEUR ATHLETICS word ‘‘amendment’’ is substituted for ‘‘alteration’’ for
AND THE OLYMPIC GAMES.—The corporation consistency. Before subclause (A), the word ‘‘general’’
may— is omitted as unnecessary. In subclause (B), the words
(1) serve as the coordinating body for ama- ‘‘adoption of the amendment’’ are substituted for ‘‘the
teur athletic activity in the United States di- alteration’’ for clarity. In clause (2), the word ‘‘com-
rectly related to international amateur ath- ments’’ is substituted for ‘‘views, or arguments’’ to
omit unnecessary words. The words ‘‘a period of’’ are
letic competition;
omitted as unnecessary.
(2) represent the United States as its na- In subsection (b), the text of 36:379 is omitted as exe-
tional Olympic committee in relations with cuted and obsolete. In clause (4), the word ‘‘devises’’ is
the International Olympic Committee and the substituted for ‘‘devices’’ to use standard contemporary
Pan-American Sports Organization and as its spelling. In clause (5), the words ‘‘acquire, own, lease,
national Paralympic committee in relations encumber, and transfer’’ are substituted for ‘‘acquire,
with the International Paralympic Commit- hold, and dispose of’’ for consistency in the revised
tee; title. The words ‘‘real and personal’’ and ‘‘may be’’ are
omitted as unnecessary. The words ‘‘to carry out the
(3) organize, finance, and control the rep-
purposes of the corporation’’ are substituted for ‘‘for
resentation of the United States in the com- its corporate purposes’’ for consistency in the revised
petitions and events of the Olympic Games, title. In clause (6), the words ‘‘to carry out its cor-
the Paralympic Games, and the Pan-American porate purposes’’ are omitted as unnecessary and for
Games, and obtain, directly or by delegation consistency in the revised title. The words ‘‘issue in-
to the appropriate national governing body, struments of indebtedness, and secure its obligations
amateur representation for those games; by granting security interests in its property’’ are sub-
(4) recognize eligible amateur sports organi- stituted for ‘‘issue notes, bonds, or other evidences of
indebtedness therefor, and secure the same by mort-
zations as national governing bodies for any
gage’’ for consistency in the revised title. The words
sport that is included on the program of the ‘‘subject in each case to the laws of the United States
Olympic Games or the Pan-American Games, or of any State’’ are omitted as unnecessary.
or as paralympic sports organizations for any
sport that is included on the program of the AMENDMENTS
Paralympic Games; 2006—Subsec. (b)(9). Pub. L. 109–284 substituted ‘‘this
(5) facilitate, through orderly and effective chapter shall be’’ for ‘‘this Act shall be’’.
administrative procedures, the resolution of 1998—Subsec. (b)(9). Pub. L. 105–277, § 142(f)(1), sub-
conflicts or disputes that involve any of its stituted ‘‘sued, except that any civil action brought in
a State court against the corporation and solely relat-
members and any amateur athlete, coach, ing to the corporation’s responsibilities under this Act
trainer, manager, administrator, official, na- shall be removed, at the request of the corporation, to
tional governing body, or amateur sports orga- the district court of the United States in the district in
nization and that arise in connection with which the action was brought, and such district court
their eligibility for and participation in the shall have original jurisdiction over the action without
§ 220506 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 260
AND ORGANIZATIONS

regard to the amount in controversy or citizenship of (2) the emblem described in subsection (a)(3)
the parties involved, and except that neither this para- of this section;
graph nor any other provision of this chapter shall cre- (3) the words described in subsection (a)(4) of
ate a private right of action under this chapter; and’’
this section, or any combination or simulation
for ‘‘sued; and’’.
Subsec. (c)(2). Pub. L. 105–277, § 142(f)(2)(A), sub- of those words tending to cause confusion or
stituted ‘‘Organization and as its national Paralympic mistake, to deceive, or to falsely suggest a
committee in relations with the International Para- connection with the corporation or any Olym-
lympic Committee;’’ for ‘‘Organization’’. pic, Paralympic, or Pan-American Games ac-
Subsec. (c)(3). Pub. L. 105–277, § 142(f)(2)(B), sub- tivity; or
stituted ‘‘Games, the Paralympic Games, and’’ for (4) any trademark, trade name, sign, symbol,
‘‘Games and of’’. or insignia falsely representing association
Subsec. (c)(4). Pub. L. 105–277, § 142(f)(2)(C), sub- with, or authorization by, the International
stituted ‘‘Games, or as paralympic sports organizations
for any sport that is included on the program of the
Olympic Committee, the International Para-
Paralympic Games;’’ for ‘‘Games;’’. lympic Committee, the Pan-American Sports
Subsec. (c)(5). Pub. L. 105–277, § 142(f)(2)(D), sub- Organization, or the corporation.
stituted ‘‘Games, the Paralympic Games, the Pan- (d) PRE-EXISTING AND GEOGRAPHIC REFERENCE
American Games, world championship competition,’’
RIGHTS.—(1) A person who actually used the em-
for ‘‘Games,’’.
blem described in subsection (a)(3) of this sec-
§ 220506. Exclusive right to name, seals, emblems, tion, or the words or any combination of the
and badges words described in subsection (a)(4) of this sec-
tion, for any lawful purpose before September
(a) EXCLUSIVE RIGHT OF CORPORATION.—Except 21, 1950, is not prohibited by this section from
as provided in subsection (d) of this section, the continuing the lawful use for the same purpose
corporation has the exclusive right to use— and for the same goods or services.
(1) the name ‘‘United States Olympic Com- (2) A person who actually used, or whose as-
mittee’’; signor actually used, the words or any combina-
(2) the symbol of the International Olympic tion of the words described in subsection (a)(4)
Committee, consisting of 5 interlocking rings, of this section, or a trademark, trade name,
the symbol of the International Paralympic sign, symbol, or insignia described in subsection
Committee, consisting of 3 TaiGeuks, or the (c)(4) of this section, for any lawful purpose be-
symbol of the Pan-American Sports Organiza- fore September 21, 1950, is not prohibited by this
tion, consisting of a torch surrounded by con- section from continuing the lawful use for the
centric rings; same purpose and for the same goods or services.
(3) the emblem of the corporation, consisting (3) Use of the word ‘‘Olympic’’ to identify a
of an escutcheon having a blue chief and verti- business or goods or services is permitted by
cally extending red and white bars on the base this section where—
with 5 interlocking rings displayed on the (A) such use is not combined with any of the
chief; and intellectual properties referenced in sub-
(4) the words ‘‘Olympic’’, ‘‘Olympiad’’, section (a) or (c) of this section;
‘‘Citius Altius Fortius’’, ‘‘Paralympic’’, ‘‘Para- (B) it is evident from the circumstances that
lympiad’’, ‘‘Pan-American’’, ‘‘America such use of the word ‘‘Olympic’’ refers to the
Espirito Sport Fraternite’’, or any combina- naturally occurring mountains or geographi-
tion of those words. cal region of the same name that were named
(b) CONTRIBUTORS AND SUPPLIERS.—The cor- prior to February 6, 1998, and not to the cor-
poration may authorize contributors and suppli- poration or any Olympic activity; and
ers of goods or services to use the trade name of (C) such business, goods, or services are op-
the corporation or any trademark, symbol, in- erated, sold, and marketed in the State of
signia, or emblem of the International Olympic Washington west of the Cascade Mountain
Committee, International Paralympic Commit- range and operations, sales, and marketing
tee, the Pan-American Sports Organization, or outside of this area are not substantial.
of the corporation to advertise that the con- (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1469; Pub.
tributions, goods, or services were donated or L. 105–277, div. C, title I, § 142(g), 112 Stat.
supplied to, or approved, selected, or used by, 2681–604; Pub. L. 109–284, § 5(16), Sept. 27, 2006, 120
the corporation, the United States Olympic Stat. 1212.)
team, the Paralympic team, the Pan-American
HISTORICAL AND REVISION NOTES
team, or team members.
(c) CIVIL ACTION FOR UNAUTHORIZED USE.—Ex- Revised Source (U.S. Code) Source (Statutes at Large)
cept as provided in subsection (d) of this section, Section
the corporation may file a civil action against a 220506(a) ..... 36:380(c). Sept. 21, 1950, ch. 975, title I,
person for the remedies provided in the Act of § 110, as added Nov. 8, 1978,
Pub. L. 95–606, § 1(b), 92
July 5, 1946 (15 U.S.C. 1051 et seq.) (popularly Stat. 3048.
known as the Trademark Act of 1946) if the per- 220506(b) ..... 36:380(b).
220506(c) ..... 36:380(a) (1st sen-
son, without the consent of the corporation, tence).
uses for the purpose of trade, to induce the sale 220506(d) ..... 36:380(a) (2d, last
sentences).
of any goods or services, or to promote any the-
atrical exhibition, athletic performance, or com- Subsection (a)(2) and (3) is substituted for ‘‘the sym-
petition— bol described in subsection (a)(1) of this section; the
(1) the symbol described in subsection (a)(2) emblem described in subsection (a)(2) of this section’’
of this section; because of the reorganization of the section.
Page 261 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 220509
AND ORGANIZATIONS

In subsection (b), the words ‘‘or any trademark’’ are In subsection (b), the words ‘‘as an organization’’ are
substituted for ‘‘as well as any trademark’’ to elimi- omitted as unnecessary.
nate unnecessary words. The words ‘‘furnished . . . or
for the use of’’ are omitted as unnecessary. § 220508. Headquarters, principal office, and
In subsection (c), the words ‘‘the corporation may file meetings
a civil action against a person’’ are substituted for
‘‘any person . . . shall be subject to suit in a civil ac- The corporation shall maintain its principal
tion by the Corporation’’ for clarity. office and national headquarters in a place in
In subsection (d)(2), the words ‘‘the words or any the United States decided by the corporation.
combination of the words described in subsection (a)(4) The corporation may hold its annual and special
of this section, or a trademark, trade name, sign, sym- meetings in the places decided by the corpora-
bol, or insignia described in subsection (c)(4) of this tion.
section’’ are substituted for ‘‘any other trademark,
trade name, sign, symbol, or insignia described in sub- (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1470.)
sections (a)(3) and (4) of this section’’ for clarity.
HISTORICAL AND REVISION NOTES
REFERENCES IN TEXT
Revised
The Trademark Act of 1946, referred to in subsec. (c), Section Source (U.S. Code) Source (Statutes at Large)
is act July 5, 1946, ch. 540, 60 Stat. 427, as amended, also
popularly known as the Lanham Act, which is classi- 220508 ......... 36:371 (last sen- Sept. 21, 1950, ch. 975, title I,
tence). § 101 (last sentence), for-
fied generally to chapter 22 (§ 1051 et seq.) of Title 15, merly § 1 (last sentence),
Commerce and Trade. For complete classification of 64 Stat. 899; Nov. 8, 1978,
this Act to the Code, see Short Title note set out under Pub. L. 95–606, § 1(a)(3), 92
Stat. 3045.
section 1051 of Title 15 and Tables.
AMENDMENTS The word ‘‘decided’’ is substituted for ‘‘as is deter-
mined’’ and for ‘‘shall determine’’ for consistency in
2006—Subsec. (d)(3)(A). Pub. L. 109–284 substituted the revised title.
‘‘subsection’’ for ‘‘subsections’’.
1998—Subsec. (a)(2). Pub. L. 105–277, § 142(g)(1), sub- § 220509. Resolution of disputes
stituted ‘‘rings, the symbol of the International Para-
lympic Committee, consisting of 3 TaiGeuks, or the (a) GENERAL.—The corporation shall establish
symbol of the Pan-American Sports Organization, con- and maintain provisions in its constitution and
sisting of a torch surrounded by concentric rings;’’ for bylaws for the swift and equitable resolution of
‘‘rings;’’. disputes involving any of its members and relat-
Subsec. (a)(4). Pub. L. 105–277, § 142(g)(2), inserted
‘‘ ‘Paralympic’, ‘Paralympiad’, ‘Pan-American’, ‘Amer-
ing to the opportunity of an amateur athlete,
ica Espirito Sport Fraternite’,’’ before ‘‘or any combi- coach, trainer, manager, administrator, or offi-
nation’’. cial to participate in the Olympic Games, the
Subsec. (b). Pub. L. 105–277, § 142(g)(3), (4), inserted Paralympic Games, the Pan-American Games,
‘‘, International Paralympic Committee, the Pan- world championship competition, or other pro-
American Sports Organization,’’ after ‘‘International tected competition as defined in the constitu-
Olympic Committee’’ and ‘‘the Paralympic team,’’ be- tion and bylaws of the corporation. In any law-
fore ‘‘the Pan-American team’’. suit relating to the resolution of a dispute in-
Subsec. (c)(3). Pub. L. 105–277, § 142(g)(5), inserted
‘‘, Paralympic, or Pan-American Games’’ after ‘‘any volving the opportunity of an amateur athlete
Olympic’’. to participate in the Olympic Games, the Para-
Subsec. (c)(4). Pub. L. 105–277, § 142(g)(6), inserted lympic Games, or the Pan-American Games, a
‘‘, the International Paralympic Committee, the Pan- court shall not grant injunctive relief against
American Sport Organization,’’ after ‘‘International the corporation within 21 days before the begin-
Olympic Committee’’. ning of such games if the corporation, after con-
Subsec. (d). Pub. L. 105–277, § 142(g)(7), inserted ‘‘AND sultation with the chair of the Athletes’ Advi-
GEOGRAPHIC REFERENCE’’ after ‘‘PRE-EXISTING’’ in head-
ing.
sory Council, has provided a sworn statement in
Subsec. (d)(3). Pub. L. 105–277, § 142(g)(8), added par. writing executed by an officer of the corporation
(3). to such court that its constitution and bylaws
cannot provide for the resolution of such dispute
§ 220507. Restrictions prior to the beginning of such games.
(a) PROFIT AND STOCK.—The corporation may (b) OMBUDSMAN.—
not engage in business for profit or issue stock. (1) The corporation shall hire and provide
(b) POLITICAL ACTIVITIES.—The corporation salary, benefits, and administrative expenses
shall be nonpolitical and may not promote the for an ombudsman for athletes, who shall—
candidacy of an individual seeking public office. (A) provide independent advice to athletes
at no cost about the applicable provisions of
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1470.) this chapter and the constitution and bylaws
HISTORICAL AND REVISION NOTES of the corporation, national governing bod-
ies, paralympic sports organizations, inter-
Revised Source (U.S. Code) Source (Statutes at Large) national sports federations, the Inter-
Section
national Olympic Committee, the Inter-
220507(a) ..... 36:378. Sept. 21, 1950, ch. 975, title I, national Paralympic Committee, and the
§§ 107, 108, as added Nov. 8,
1978, Pub. L. 95–606, § 1(b), Pan-American Sports Organization, and with
92 Stat. 3048. respect to the resolution of any dispute in-
220507(b) ..... 36:377.
volving the opportunity of an amateur ath-
In subsection (a), the words ‘‘may not’’ are sub- lete to participate in the Olympic Games,
stituted for ‘‘shall have no power to’’ for consistency in the Paralympic Games, the Pan-American
the revised title. The words ‘‘capital’’, ‘‘pecuniary’’, Games, world championship competition or
and ‘‘or gain’’ are omitted as unnecessary. other protected competition as defined in
§ 220510 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 262
AND ORGANIZATIONS

the constitution and bylaws of the corpora- that its constitution and bylaws cannot provide for the
tion; resolution of such dispute prior to the beginning of
(B) assist in mediating any such disputes; such games.’’
Subsec. (b). Pub. L. 105–277, § 142(h)(4), added subsec.
and
(b).
(C) report to the Athletes’ Advisory Coun-
cil on a regular basis. § 220510. Service of process
(2)(A) The procedure for hiring the ombuds- As a condition to the exercise of any power or
man for athletes shall be as follows: privilege granted by this chapter, the corpora-
(i) The Athletes’ Advisory Council shall tion shall have a designated agent in the State
provide the corporation’s executive director of Colorado to receive service of process for the
with the name of one qualified person to corporation. Notice to or service on the agent,
serve as ombudsman for athletes. or mailed to the business address of the agent, is
(ii) The corporation’s executive director notice to or service on the corporation.
shall immediately transmit the name of
such person to the corporation’s executive (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1470; Pub.
committee. L. 105–277, div. C, title I, § 142(i), 112 Stat.
(iii) The corporation’s executive commit- 2681–606.)
tee shall hire or not hire such person after HISTORICAL AND REVISION NOTES
fully considering the advice and counsel of
the Athletes’ Advisory Council. Revised Source (U.S. Code) Source (Statutes at Large)
Section
If there is a vacancy in the position of the om-
220510 ......... 36:381. Sept. 21, 1950, ch. 975, title I,
budsman for athletes, the nomination and hir- § 111, as added Nov. 8, 1978,
ing procedure set forth in this paragraph shall Pub. L. 95–606, § 1(b), 92
Stat. 3049.
be followed in a timely manner.
(B) The corporation may terminate the em- The words ‘‘precedent’’ and ‘‘or conferred’’ are omit-
ployment of an individual serving as ombuds- ted as unnecessary. The words ‘‘with the secretary of
man for athletes only if— state or other designated official’’ are substituted for
(i) the termination is carried out in ac- ‘‘in the office of the secretary of state, or similar of-
cordance with the applicable policies and fice’’ for consistency in the revised title. The words
procedures of the corporation; ‘‘post-office’’ and ‘‘authorized’’ are omitted as unneces-
(ii) the termination is initially rec- sary. The words ‘‘legal process’’ are substituted for
ommended to the corporation’s executive ‘‘local process’’ for consistency in the revised title.
committee by either the corporation’s exec- AMENDMENTS
utive director or by the Athletes’ Advisory
1998—Pub. L. 105–277 amended text generally. Prior to
Council; and amendment, text read as follows: ‘‘As a condition to
(iii) the corporation’s executive committee the exercise of any power or privilege granted by this
fully considers the advice and counsel of the chapter, the corporation shall file, with the secretary
Athletes’ Advisory Council prior to deciding of state or other designated official of each State, the
whether or not to terminate the employ- name and address of an agent in that State on whom
ment of such individual. legal process or demands against the corporation may
be served.’’
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1470; Pub.
L. 105–277, div. C, title I, § 142(h), 112 Stat. § 220511. Report
2681–605; Pub. L. 109–284, § 5(17), Sept. 27, 2006, 120
Stat. 1212.) (a) SUBMISSION TO PRESIDENT AND CONGRESS.—
The corporation shall, on or before the first day
HISTORICAL AND REVISION NOTES of June, 2001, and every fourth year thereafter,
transmit simultaneously to the President and to
Revised
Section Source (U.S. Code) Source (Statutes at Large) each House of Congress a detailed report of its
operations for the preceding 4 years, including—
220509 ......... 36:382b. Sept. 21, 1950, ch. 975, title I,
§ 114, as added Nov. 8, 1978, (1) a complete statement of its receipts and
Pub. L. 95–606, § 1(b), 92 expenditures;
Stat. 3049.
(2) a comprehensive description of the activi-
AMENDMENTS
ties and accomplishments of the corporation
during such 4-year period;
2006—Subsec. (b)(1)(A). Pub. L. 109–284 struck out ‘‘a’’ (3) data concerning the participation of
before ‘‘paralympic sports organizations’’. women, disabled individuals, and racial and
1998—Subsec. (a). Pub. L. 105–277, § 142(h)(1), des-
ignated existing provisions as subsec. (a), and inserted ethnic minorities in the amateur athletic ac-
heading. tivities and administration of the corporation
Pub. L. 105–277, § 142(h)(2), inserted ‘‘the Paralympic and national governing bodies; and
Games,’’ before ‘‘the Pan-American Games’’. (4) a description of the steps taken to en-
Pub. L. 105–277, § 142(h)(3), inserted at end ‘‘In any courage the participation of women, disabled
lawsuit relating to the resolution of a dispute involving individuals, and racial minorities in amateur
the opportunity of an amateur athlete to participate in athletic activities.
the Olympic Games, the Paralympic Games, or the
Pan-American Games, a court shall not grant injunc- (b) AVAILABILITY TO PUBLIC.—The corporation
tive relief against the corporation within 21 days before shall make copies of the report available to in-
the beginning of such games if the corporation, after terested persons at a reasonable cost.
consultation with the chair of the Athletes’ Advisory
Council, has provided a sworn statement in writing exe- (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1471; Pub.
cuted by an officer of the corporation to such court L. 105–277, div. C, title I, § 142(j)(1), 112 Stat.
Page 263 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 220521
AND ORGANIZATIONS

2681–606; Pub. L. 109–284, § 5(18), Sept. 27, 2006, 120 (b) of section 220522. The corporation may recog-
Stat. 1212.) nize only one national governing body for each
sport for which an application is made and ap-
HISTORICAL AND REVISION NOTES proved, except as provided in section 220522(b)
Revised with respect to a paralympic sports organiza-
Source (U.S. Code) Source (Statutes at Large)
Section tion.
220511 ......... 36:382a(a). Sept. 21, 1950, ch. 975, title I,
(b) PUBLIC HEARING.—Before recognizing an or-
§ 113(a), as added Nov. 8, ganization as a national governing body, the
1978, Pub. L. 95–606, § 1(b), corporation shall hold at least 2 public hearings
92 Stat. 3049.
on the application. The corporation shall pub-
In subsection (a)(1), the words ‘‘full and’’ are omitted lish notice of the time, place, and nature of the
as unnecessary. hearings. Publication shall be made in a regular
issue of the corporation’s principal publication
AMENDMENTS at least 30 days, but not more than 60 days, be-
2006—Pub. L. 109–284 substituted ‘‘Report’’ for ‘‘An- fore the date of the hearings. The corporation
nual report’’ in section catchline. shall send written notice, which shall include a
1998—Subsec. (a). Pub. L. 105–277 amended heading copy of the application, at least 30 days prior to
and text of subsec. (a) generally. Prior to amendment, the date of any such public hearing to all ama-
text read as follows: ‘‘Not later than June 1 of each teur sports organizations known to the corpora-
year, the corporation shall submit simultaneously to
the President and to each House of Congress a detailed
tion in that sport.
report of its operations during the prior calendar year,
(c) RECOMMENDATION TO INTERNATIONAL
including— SPORTS FEDERATION.—Within 61 days after rec-
‘‘(1) a complete statement of the corporation’s re- ognizing an organization as a national govern-
ceipts and expenditures; and ing body, the corporation shall recommend and
‘‘(2) a comprehensive description of the activities support in any appropriate manner the national
and accomplishments of the corporation during the governing body to the appropriate international
prior year.’’ sports federation as the representative of the
United States for that sport.
§ 220512. Complete teams (d) REVIEW OF RECOGNITION.—The corporation
In obtaining representation for the United may review all matters related to the continued
States in each competition and event of the recognition of an organization as a national gov-
Olympic Games, Paralympic Games, and Pan- erning body and may take action it considers
American Games, the corporation, either di- appropriate, including placing conditions on the
rectly or by delegation to the appropriate na- continued recognition.
tional governing body or paralympic sports or- (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1471; Pub.
ganization, may select, but is not obligated to L. 105–277, div. C, title I, § 142(l), 112 Stat.
select (even if not selecting will result in an in- 2681–607; Pub. L. 109–284, § 5(20), Sept. 27, 2006, 120
complete team for an event), athletes who have Stat. 1212.)
not met the eligibility standard of the national
governing body and the corporation when the HISTORICAL AND REVISION NOTES
number of athletes who have met the eligibility Revised Source (U.S. Code) Source (Statutes at Large)
standards of such entities is insufficient to fill Section
the roster for an event. 220521(a) ..... 36:391(a) (1st, 2d sen- Sept. 21, 1950, ch. 975, title
tences). II, §§ 201(a), (d), 204,
(Added Pub. L. 105–277, div. C, title I, § 142(k)(1), 205(b)(5), as added Nov. 8,
Oct. 21, 1998, 112 Stat. 2681–606; amended Pub. L. 1978, Pub. L. 95–606, § 2, 92
Stat. 3050, 3052, 3055, 3057.
109–284, § 5(19), Sept. 27, 2006, 120 Stat. 1212.) 220521(b) ..... 36:391(a) (3d–last
sentences).
AMENDMENTS 220521(c) ..... 36:391(d).
36:395(b)(5).
2006—Pub. L. 109–284 substituted ‘‘and the corpora- 220521(d) ..... 36:394.
tion’’ for ‘‘and the Corporation’’.
In subsection (b), the words ‘‘under the authority
SUBCHAPTER II—NATIONAL GOVERNING granted under this subchapter and in accordance with
BODIES the procedures and requirements of this section’’ are
omitted as unnecessary. The words ‘‘public hearing’’
§ 220521. Recognition of amateur sports organiza- are substituted for ‘‘hearing open to the public’’, and
tions as national governing bodies the words ‘‘for such recognition’’ are omitted, to elimi-
nate unnecessary words.
(a) GENERAL AUTHORITY.—For any sport which In subsection (c), the words ‘‘in accordance with sub-
is included on the program of the Olympic section (a) of this section’’ in 36:391(d) and ‘‘in accord-
Games, the Paralympic Games, or the Pan- ance with this subsection’’ in 36:395(b)(5) are omitted as
unnecessary.
American Games, the corporation is authorized
to recognize as a national governing body (in AMENDMENTS
the case of a sport on the program of the Olym- 2006—Subsec. (a). Pub. L. 109–284 substituted ‘‘sub-
pic Games or Pan-American Games) or as a section’’ for ‘‘subsections’’.
paralympic sports organization (in the case of a 1998—Subsec. (a). Pub. L. 105–277, § 142(l)(1), inserted
sport on the program of the Paralympic Games first sentence and struck out former first sentence
for which a national governing body has not which read as follows: ‘‘For any sport that is included
on the program of the Olympic Games or the Pan-
been designated under section 220522(b)) an ama- American Games, the corporation may recognize as a
teur sports organization which files an applica- national governing body an amateur sports organiza-
tion and is eligible for such recognition in ac- tion that files an application and is eligible under sec-
cordance with the provisions of subsection (a) or tion 220522 of this title.’’
§ 220522 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 264
AND ORGANIZATIONS

Pub. L. 105–277, § 142(l)(2), substituted ‘‘approved, ex- (7) demonstrates that its membership is
cept as provided in section 220522(b) with respect to a open to any individual who is an amateur ath-
paralympic sports organization.’’ for ‘‘approved.’’ lete, coach, trainer, manager, administrator,
Subsec. (b). Pub. L. 105–277, § 142(l)(3)–(5), substituted
or official active in the sport for which rec-
‘‘hold at least 2 public hearings’’ for ‘‘hold a public
hearing’’, substituted ‘‘hearings.’’ for ‘‘hearing.’’ in two ognition is sought, or any amateur sports or-
places, and inserted at end ‘‘The corporation shall send ganization that conducts programs in the
written notice, which shall include a copy of the appli- sport for which recognition is sought, or both;
cation, at least 30 days prior to the date of any such (8) provides an equal opportunity to amateur
public hearing to all amateur sports organizations athletes, coaches, trainers, managers, admin-
known to the corporation in that sport.’’ istrators, and officials to participate in ama-
teur athletic competition, without discrimina-
§ 220522. Eligibility requirements tion on the basis of race, color, religion, sex,
(a) GENERAL.—An amateur sports organization age, or national origin, and with fair notice
is eligible to be recognized, or to continue to be and opportunity for a hearing to any amateur
recognized, as a national governing body only if athlete, coach, trainer, manager, adminis-
it— trator, or official before declaring the individ-
(1) is incorporated under the laws of a State ual ineligible to participate;
of the United States or the District of Colum- (9) is governed by a board of directors or
bia as a not-for-profit corporation having as other governing board whose members are se-
its purpose the advancement of amateur ath- lected without regard to race, color, religion,
letic competition; national origin, or sex, except that, in sports
(2) has the managerial and financial capabil- where there are separate male and female pro-
ity to plan and execute its obligations; grams, it provides for reasonable representa-
(3) submits— tion of both males and females on the board of
(A) an application, in the form required by directors or other governing board;
the corporation, for recognition as a na- (10) demonstrates, based on guidelines ap-
tional governing body; proved by the corporation, the Athletes’ Advi-
(B) a copy of its corporate charter and by- sory Council, and the National Governing Bod-
laws; and ies’ Council, that its board of directors and
(C) any additional information considered other such governing boards have established
necessary or appropriate by the corporation; criteria and election procedures for and main-
tain among their voting members individuals
(4) agrees to submit to binding arbitration in who are actively engaged in amateur athletic
any controversy involving— competition in the sport for which recognition
(A) its recognition as a national governing is sought or who have represented the United
body, as provided for in section 220529 of this States in international amateur athletic com-
title, upon demand of the corporation; and petition within the preceding 10 years, that
(B) the opportunity of any amateur ath- any exceptions to such guidelines by such or-
lete, coach, trainer, manager, administrator ganization have been approved by the corpora-
or official to participate in amateur athletic tion, and that the voting power held by such
competition, upon demand of the corpora- individuals is not less than 20 percent of the
tion or any aggrieved amateur athlete, voting power held in its board of directors and
coach, trainer, manager, administrator or other such governing boards;
official, conducted in accordance with the (11) provides for reasonable direct represen-
Commercial Rules of the American Arbitra- tation on its board of directors or other gov-
tion Association, as modified and provided erning board for any amateur sports organiza-
for in the corporation’s constitution and by- tion that—
laws, except that if the Athletes’ Advisory (A) conducts a national program or regular
Council and National Governing Bodies’ national amateur athletic competition in
Council do not concur on any modifications the applicable sport on a level of proficiency
to such Rules, and if the corporation’s exec- appropriate for the selection of amateur ath-
utive committee is not able to facilitate letes to represent the United States in inter-
such concurrence, the Commercial Rules of national amateur athletic competition; and
Arbitration shall apply unless at least two- (B) ensures that the representation re-
thirds of the corporation’s board of directors flects the nature, scope, quality, and
approves modifications to such Rules; strength of the programs and competitions
(5) demonstrates that it is autonomous in of the amateur sports organization in rela-
the governance of its sport, in that it— tion to all other programs and competitions
(A) independently decides and controls all in the sport in the United States;
matters central to governance; (12) demonstrates that none of its officers
(B) does not delegate decision-making and are also officers of any other amateur sports
control of matters central to governance; organization recognized as a national govern-
and ing body;
(C) is free from outside restraint; (13) provides procedures for the prompt and
(6) demonstrates that it is a member of no equitable resolution of grievances of its mem-
more than one international sports federation bers;
that governs a sport included on the program (14) does not have eligibility criteria related
of the Olympic Games or the Pan-American to amateur status or to participation in the
Games; Olympic Games, the Paralympic Games, or the
Page 265 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 220523
AND ORGANIZATIONS

Pan-American Games that are more restric- ‘‘(A) its board of directors or other governing board
tive than those of the appropriate inter- includes among its voting members—
national sports federation; and ‘‘(i) individuals who are actively engaged in ama-
(15) demonstrates, if the organization is teur athletic competition in the sport for which
seeking to be recognized as a national govern- recognition is sought; or
ing body, that it is prepared to meet the obli- ‘‘(ii) individuals who, within the prior 10 years,
gations imposed on a national governing body have represented the United States in international
under sections 220524 and 220525 of this title. amateur athletic competition in the sport for which
recognition is sought; and
(b) RECOGNITION OF PARALYMPIC SPORTS ORGA- ‘‘(B) the individuals described in subclause (A) of
NIZATIONS.—For any sport which is included on this clause hold at least 20 percent of the membership
the program of the Paralympic Games, the cor- and voting power on the board;’’.
poration is authorized to designate, where fea- Subsec. (a)(14). Pub. L. 105–277, § 142(m)(4), inserted
sible and when such designation would serve the ‘‘or to participation in the Olympic Games, the Para-
best interest of the sport, and with the approval lympic Games, or the Pan-American Games’’ after
of the affected national governing body, a na- ‘‘amateur status’’.
tional governing body recognized under sub- Subsec. (b). Pub. L. 105–277, § 142(m)(5), added subsec.
section (a) to govern such sport. Where such des- (b).
ignation is not feasible or would not serve the
best interest of the sport, the corporation is au- § 220523. Authority of national governing bodies
thorized to recognize another amateur sports or-
ganization as a paralympic sports organization (a) AUTHORITY.—For the sport that it governs,
to govern such sport, except that, notwithstand- a national governing body may—
ing the other requirements of this chapter, any (1) represent the United States in the appro-
such paralympic sports organization— priate international sports federation;
(1) shall comply only with those require-
ments, perform those duties, and have those (2) establish national goals and encourage
powers that the corporation, in its sole discre- the attainment of those goals;
tion, determines are appropriate to meet the (3) serve as the coordinating body for ama-
objects and purposes of this chapter; and teur athletic activity in the United States;
(2) may, with the approval of the corpora- (4) exercise jurisdiction over international
tion, govern more than one sport included on amateur athletic activities and sanction inter-
the program of the Paralympic Games. national amateur athletic competition held in
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1471; Pub. the United States and sanction the sponsor-
L. 105–277, div. C, title I, § 142(m), 112 Stat. ship of international amateur athletic com-
2681–607.) petition held outside the United States;
(5) conduct amateur athletic competition,
HISTORICAL AND REVISION NOTES
including national championships, and inter-
Revised
Source (U.S. Code) Source (Statutes at Large)
national amateur athletic competition in the
Section United States, and establish procedures for de-
220522 ......... 36:391(b), (c). Sept. 21, 1950, ch. 975, title termining eligibility standards for participa-
II, § 201(b), (c), as added tion in competition, except for amateur ath-
Nov. 8, 1978, Pub. L. 95–606,
§ 2, 92 Stat. 3050. letic competition specified in section 220526 of
this title;
In clause (1), the words ‘‘a State’’ are substituted for
‘‘any of the several States’’ for consistency in the re-
(6) recommend to the corporation individ-
vised title. uals and teams to represent the United States
In clause (3)(B), the words ‘‘upon application’’ are in the Olympic Games, the Paralympic Games,
omitted as unnecessary. and the Pan-American Games; and
In clause (10)(B), the words ‘‘hold at least 20 percent (7) designate individuals and teams to rep-
of the membership and voting power on the board’’ are
substituted for ‘‘the membership and voting power held
resent the United States in international ama-
. . . is not less than 20 percent of such membership and teur athletic competition (other than the
voting power held in that board of directors or other Olympic Games, the Paralympic Games, and
such governing board’’ to eliminate unnecessary words. the Pan-American Games) and certify, in ac-
The text of 36:391(c) is omitted as executed. cordance with applicable international rules,
AMENDMENTS the amateur eligibility of those individuals
and teams.
1998—Pub. L. 105–277, § 142(m)(1), designated existing
provisions as subsec. (a) and inserted heading. (b) REPLACEMENT OF NATIONAL GOVERNING
Subsec. (a)(4). Pub. L. 105–277, § 142(m)(2), added par.
(4) and struck out former par. (4) which read as follows:
BODY PURSUANT TO ARBITRATION.—A national
‘‘agrees to submit, on demand by the corporation, to governing body may not exercise any authority
binding arbitration conducted in accordance with the under subsection (a) of this section for a par-
commercial rules of the American Arbitration Associa- ticular sport after another amateur sports orga-
tion in any controversy involving— nization has been declared (in accordance with
‘‘(A) its recognition as a national governing body, binding arbitration proceedings prescribed by
as provided for in section 220529 of this title; or
‘‘(B) the opportunity of any amateur athlete, coach, the organic documents of the corporation) enti-
trainer, manager, administrator, or official to par- tled to replace that national governing body as
ticipate in amateur athletic competition, as provided the member of the corporation for that sport.
for in the corporation’s constitution and bylaws;’’.
Subsec. (a)(10). Pub. L. 105–277, § 142(m)(3), added par. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1473; Pub.
(10) and struck out former par. (10) which read as fol- L. 105–277, div. C, title I, § 142(n), 112 Stat.
lows: ‘‘demonstrates that— 2681–608.)
§ 220524 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 266
AND ORGANIZATIONS

HISTORICAL AND REVISION NOTES portunities for meaningful participation by in-


dividuals with disabilities in programs of ath-
Revised
Section Source (U.S. Code) Source (Statutes at Large) letic competition for able-bodied individuals;
(8) provide and coordinate technical infor-
220523(a) ..... 36:393. Sept. 21, 1950, ch. 975, title
II, § 203, as added Nov. 8, mation on physical training, equipment de-
1978, Pub. L. 95–606, § 2, 92 sign, coaching, and performance analysis; and
Stat. 3054.
220523(b) ..... 36:393 note. July 8, 1980, Pub. L. 96–304, (9) encourage and support research, develop-
title I (last sentence re- ment, and dissemination of information in the
lated to limitation on ex-
ercise of authority in par. areas of sports medicine and sports safety.
under heading ‘‘Salaries
and Expenses’’), 94 Stat. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1474; Pub.
898. L. 105–277, div. C, title I, § 142(o), 112 Stat.
2681–608.)
In subsection (b), the words ‘‘national governing
body’’ are omitted (the first time they appear) to elimi- HISTORICAL AND REVISION NOTES
nate unnecessary words. The reference to ‘‘subsection
(a) of this section’’ is substituted for ‘‘section 203 of Revised Source (U.S. Code) Source (Statutes at Large)
Public Law 95–606 as hereby amended’’ because of the Section
restatement. The word ‘‘corporation’’ is substituted for 220524 ......... 36:392(a)(1)–(3), Sept. 21, 1950, ch. 975, title
‘‘Committee’’ because of the definition of ‘‘corpora- (5)–(9). II, § 202(a)(1)–(3), (5)–(9), as
tion’’ in section 220501 of this title. added Nov. 8, 1978, Pub. L.
95–606, § 2, 92 Stat. 3052.
AMENDMENTS
In clause (4), the word ‘‘by’’ is substituted for ‘‘under
1998—Subsec. (a)(6), (7). Pub. L. 105–277, which di-
its auspices or that of . . . other’’ for clarity and to
rected substitution of ‘‘Games, the Paralympic Games,
eliminate unnecessary words. The words ‘‘the national
and’’ for ‘‘Games and’’ in pars. (6) and (7) of this sec-
governing body’’ are substituted for ‘‘it’’ for clarity.
tion, was executed by making the substitution in pars.
(6) and (7) of subsec. (a) to reflect the probable intent AMENDMENTS
of Congress.
1998—Pars. (4) to (9). Pub. L. 105–277, added par. (4)
§ 220524. General duties of national governing and redesignated former pars. (4) to (8) as (5) to (9), re-
bodies spectively.

For the sport that it governs, a national gov- § 220525. Granting sanctions for amateur athletic
erning body shall— competitions
(1) develop interest and participation
(a) PROMPT REVIEW AND DECISION.—For the
throughout the United States and be respon-
sport that it governs, a national governing body
sible to the persons and amateur sports orga-
promptly shall—
nizations it represents;
(1) review a request by an amateur sports or-
(2) minimize, through coordination with
ganization or person for a sanction to hold an
other amateur sports organizations, conflicts
international amateur athletic competition in
in the scheduling of all practices and competi-
the United States or to sponsor United States
tions;
amateur athletes to compete in international
(3) keep amateur athletes informed of policy
amateur athletic competition outside the
matters and reasonably reflect the views of
United States; and
the athletes in its policy decisions;
(2) grant the sanction if—
(4) disseminate and distribute to amateur
(A) the national governing body does not
athletes, coaches, trainers, managers, admin-
decide by clear and convincing evidence that
istrators, and officials in a timely manner the
holding or sponsoring an international ama-
applicable rules and any changes to such rules
teur athletic competition would be det-
of the national governing body, the corpora-
rimental to the best interest of the sport;
tion, the appropriate international sports fed-
and
eration, the International Olympic Commit-
(B) the requirements of subsection (b) of
tee, the International Paralympic Committee,
this section are met.
and the Pan-American Sports Organization;
(5) allow an amateur athlete to compete in (b) REQUIREMENTS.—An amateur sports organi-
any international amateur athletic competi- zation or person may be granted a sanction
tion conducted by any amateur sports organi- under this section only if the organization or
zation or person, unless the national govern- person meets the following requirements:
ing body establishes that its denial is based on (1) The organization or person must pay the
evidence that the organization or person con- national governing body any required sanc-
ducting the competition does not meet the re- tioning fee, if the fee is reasonable and non-
quirements stated in section 220525 of this discriminatory.
title; (2) For a sanction to hold an international
(6) provide equitable support and encourage- amateur athletic competition in the United
ment for participation by women where sepa- States, the organization or person must—
rate programs for male and female athletes (A) submit to the national governing body
are conducted on a national basis; an audited or notarized financial report of
(7) encourage and support amateur athletic similar events, if any, conducted by the or-
sports programs for individuals with disabil- ganization or person; and
ities and the participation of individuals with (B) demonstrate that the requirements of
disabilities in amateur athletic activity, in- paragraph (4) of this subsection have been
cluding, where feasible, the expansion of op- met.
Page 267 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 220527
AND ORGANIZATIONS

(3) For a sanction to sponsor United States ganization of the section. Paragraph (1) is substituted
amateur athletes to compete in international for 36:392(b)(1)(A) and (2)(A), and paragraph (4) is sub-
amateur athletic competition outside the stituted for 36:392(b)(1)(B)(i)–(vi) and (2)(B)(i)–(vi), to
avoid repeating identical language.
United States, the organization or person
must— § 220526. Restricted amateur athletic competi-
(A) submit a report of the most recent trip tions
to a foreign country, if any, that the organi-
zation or person sponsored for the purpose of (a) EXCLUSIVE JURISDICTION.—An amateur
having United States amateur athletes com- sports organization that conducts amateur ath-
pete in international amateur athletic com- letic competition shall have exclusive jurisdic-
petition; and tion over that competition if participation is re-
(B) submit a letter from the appropriate stricted to a specific class of amateur athletes,
entity that will hold the international ama- such as high school students, college students,
teur athletic competition certifying that the members of the Armed Forces, or similar groups
requirements of paragraph (4) of this sub- or categories.
section have been met. (b) SANCTIONS FOR INTERNATIONAL COMPETI-
TION.—An amateur sports organization under
(4) The requirements referred to in para- subsection (a) of this section shall obtain a sanc-
graphs (2) and (3) of this subsection are that— tion from the appropriate national governing
(A) appropriate measures have been taken body if the organization wishes to—
to protect the amateur status of athletes (1) conduct international amateur athletic
who will take part in the competition and to competition in the United States; or
protect their eligibility to compete in ama- (2) sponsor international amateur athletic
teur athletic competition; competition to be held outside the United
(B) appropriate provision has been made
States.
for validation of any records established dur-
ing the competition; (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1475.)
(C) due regard has been given to any inter-
HISTORICAL AND REVISION NOTES
national amateur athletic requirements spe-
cifically applicable to the competition; Revised Source (U.S. Code) Source (Statutes at Large)
(D) the competition will be conducted by Section
qualified officials; 220526(a) ..... 36:396 (1st sentence). Sept. 21, 1950, ch. 975, title
(E) proper medical supervision will be pro- II, § 206, as added Nov. 8,
1978, Pub. L. 95–606, § 2, 92
vided for athletes who will participate in the Stat. 3058.
competition; and 220526(b) ..... 36:396 (last sen-
tence).
(F) proper safety precautions have been
taken to protect the personal welfare of the
athletes and spectators at the competition. § 220527. Complaints against national governing
bodies
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1474.)
(a) GENERAL.—(1) An amateur sports organiza-
HISTORICAL AND REVISION NOTES tion or person that belongs to or is eligible to
belong to a national governing body may seek to
Revised Source (U.S. Code) Source (Statutes at Large)
Section compel the national governing body to comply
with sections 220522, 220524, and 220525 of this
220525(a)(1) 36:392(a)(4). Sept. 21, 1950, ch. 975, title
II, § 202(a)(4), (b), as added title by filing a written complaint with the cor-
Nov. 8, 1978, Pub. L. 95–606, poration. A copy of the complaint shall be
§ 2, 92 Stat. 3052, 3053.
220525(a) 36:392(b) (words be- served on the national governing body.
(2)(A). fore cl. (1)). (2) The corporation shall establish procedures
220525(a) (no source).
(2)(B). for the filing and disposition of complaints
220525(b) 36:392(b)(1) (words under this section.
(words be- before subcl. (A)),
fore par. (2) (words before (b) EXHAUSTION OF REMEDIES.—(1) An organiza-
(1)). subcl. (A)). tion or person may file a complaint under sub-
220525(b)(1) 36:392(b)(1)(A),
(2)(A). section (a) of this section only after exhausting
220525(b) 36:392(b)(1)(C). all available remedies within the national gov-
(2)(A).
220525(b) 36:392(b)(1)(B) erning body for correcting deficiencies, unless it
(2)(B). (words before can be shown by clear and convincing evidence
subcl. (i)).
220525(b) 36:392(b)(2)(C). that those remedies would have resulted in un-
(3)(A). necessary delay.
220525(b) 36:392(b)(2)(B)
(3)(B). (words before (2) Within 30 days after a complaint is filed,
subcl. (i)). the corporation shall decide whether the organi-
220525(b)(4) 36:392(b)(1)(B)(i)–
(vi), (2)(B)(i)–(vi). zation or person has exhausted all available
remedies as required by paragraph (1) of this
In subsection (a), the words ‘‘and determine whether subsection. If the corporation determines that
to grant such sanction, in accordance with the provi- the remedies have not been exhausted, it may
sions of subsection (b) of this section’’ and ‘‘As a result direct that the remedies be pursued before the
of its review under subsection (a)(4) of this section’’ are
corporation considers the complaint further.
omitted as unnecessary. Clause (2)(B) is added because
of the reorganization of the section. (c) HEARINGS.—If the corporation decides that
In subsection (b), the language before paragraph (1) is all available remedies have been exhausted as
substituted for 36:392(b)(1) (words before subclause (A)) required by subsection (b)(1) of this section, it
and (2) (words before subclause (A)) because of the reor- shall hold a hearing, within 90 days after the
§ 220528 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 268
AND ORGANIZATIONS

complaint is filed, to receive testimony to de- (A) any Olympic Games, for a sport in which
cide whether the national governing body is competition is held in the Olympic Games or
complying with sections 220522, 220524, and 220525 the Paralympic Games, or in both the Olympic
of this title. and Pan-American Games; or
(d) DISPOSITION OF COMPLAINT.—(1) If the cor- (B) any Pan-American Games, for a sport in
poration decides, as a result of the hearing, that which competition is held in the Pan-Amer-
the national governing body is complying with ican Games but not in the Olympic Games.
sections 220522, 220524, and 220525 of this title, it (2) The application shall be filed with the cor-
shall so notify the complainant and the national poration by certified mail, and a copy of the ap-
governing body. plication shall be served on the national govern-
(2) If the corporation decides, as a result of the
ing body and with any other organization that
hearing, that the national governing body is not
has filed an application. The corporation shall
complying with sections 220522, 220524, and 220525
inform the applicant that its application has
of this title, it shall—
(A) place the national governing body on been received.
(d) HEARINGS.—Within 180 days after receipt of
probation for a specified period of time, not to
an application filed under this section, the cor-
exceed 180 days, which the corporation consid-
poration shall conduct a formal hearing open to
ers necessary to enable the national governing
the public to determine the merits of the appli-
body to comply with those sections; or
(B) revoke the recognition of the national cation. The corporation shall publish notice of
governing body. the time and place of the hearing in a regular
issue of its principal publication at least 30
(3) If the corporation places a national govern- days, but not more than 60 days, before the date
ing body on probation under paragraph (2) of of the hearing. The corporation also shall send
this subsection, it may extend the probationary written notice, including a copy of the applica-
period if the national governing body has proven tion, at least 30 days prior to the date of the
by clear and convincing evidence that, through hearing to all amateur sports organizations
no fault of its own, it needs additional time to known to the corporation in that sport. In the
comply with sections 220522, 220524, and 220525 of hearing, the applicant and the national govern-
this title. If, at the end of the period allowed by ing body shall be given a reasonable opportunity
the corporation, the national governing body to present evidence supporting their positions.
has not complied with those sections, the cor- (e) STANDARDS FOR GRANTING APPLICATIONS.—
poration shall revoke the recognition of the na- In the hearing, the applicant must establish by
tional governing body. a preponderance of the evidence that—
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1476.) (1) it meets the criteria for recognition as a
national governing body under section 220522
HISTORICAL AND REVISION NOTES of this title; and
Revised
(2)(A) the national governing body does not
Section Source (U.S. Code) Source (Statutes at Large) meet the criteria of section 220522, 220524, or
220525 of this title; or
220527(a)(1) 36:395(a)(1) (1st, last Sept. 21, 1950, ch. 975, title
sentences). II, § 205(a), as added Nov. (B) the applicant more adequately meets the
8, 1978, Pub. L. 95–606, § 2, criteria of section 220522 of this title, is capa-
92 Stat. 3055.
220527(a)(2) 36:395(a)(1) (3d sen- ble of more adequately meeting the criteria of
tence). sections 220524 and 220525 of this title, and pro-
220527(b)(1) 36:395(a)(1) (2d sen-
tence). vides or is capable of providing a more effec-
220527(b)(2) 36:395(a)(2). tive national program of competition than the
220527(c) ..... 36:395(a)(3)(A).
220527(d) ..... 36:395(a)(3)(B)–(D). national governing body in the sport for which
it seeks recognition.
In subsection (b)(2), the words ‘‘or person’’ are added
for clarity and consistency in the section. The words (f) DISPOSITION OF APPLICATIONS.—Within 30
‘‘all available remedies’’ are substituted for ‘‘its rem- days after the close of the hearing required by
edies’’ for consistency with subsection (b)(1) of this sec- this section, the corporation shall—
tion. The words ‘‘within the applicable national govern- (1) uphold the right of the national govern-
ing body’’ are omitted as unnecessary. ing body to continue as the national governing
body for its sport;
§ 220528. Applications to replace an incumbent
(2) revoke the recognition of the national
national governing body
governing body and declare a vacancy in the
(a) GENERAL.—An amateur sports organization national governing body for that sport;
may seek to replace an incumbent as the na- (3) revoke the recognition of the national
tional governing body for a particular sport by governing body and recognize the applicant as
filing a written application for recognition with the national governing body; or
the corporation. (4) place the national governing body on pro-
(b) ESTABLISHMENT OF PROCEDURES.—The cor- bation for a period not exceeding 180 days,
poration shall establish procedures for the filing pending the compliance of the national gov-
and disposition of applications under this sec- erning body, if the national governing body
tion. If 2 or more organizations file applications would have retained recognition except for a
for the same sport, the applications shall be con- minor deficiency in one of the requirements of
sidered in a single proceeding. section 220522, 220524, or 220525 of this title and
(c) FILING PROCEDURES.—(1) An application notify such national governing body of such
under this section must be filed within one year probation and of the actions needed to comply
after the final day of— with such requirements.
Page 269 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 220529
AND ORGANIZATIONS

(g) REVOCATION OF RECOGNITION AFTER PROBA- 220527 or 220528 of this title may obtain review
TION.—If the national governing body does not by any regional office of the American Arbitra-
comply with sections 220522, 220524, and 220525 of tion Association.
this title within the probationary period pre- (b) PROCEDURE.—(1) A demand for arbitration
scribed under subsection (f)(4) of this section, must be submitted within 30 days after the de-
the corporation shall revoke the recognition of termination of the corporation.
the national governing body and either— (2) On receipt of a demand for arbitration, the
(1) recognize the applicant as the national Association shall serve notice on the parties to
governing body; or the arbitration and on the corporation, and shall
(2) declare a vacancy in the national govern- immediately proceed with arbitration according
ing body for that sport. to the commercial rules of the Association in ef-
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1476; Pub. fect at the time the demand is filed, except
L. 105–277, div. C, title I, § 142(p), 112 Stat. that—
2681–609.) (A) the arbitration panel shall consist of at
least 3 arbitrators, unless the parties to the
HISTORICAL AND REVISION NOTES
proceeding agree to a lesser number;
Revised (B) the arbitration hearing shall take place
Source (U.S. Code) Source (Statutes at Large)
Section at a site selected by the Association, unless
220528(a) ..... 36:395(b)(1) (1st sen- Sept. 21, 1950, ch. 975, title the parties to the proceeding agree to the use
tence). II, § 205(b)(1)–(4), as added of another site; and
Nov. 8, 1978, Pub. L. 95–606,
§ 2, 92 Stat. 3056. (C) the arbitration hearing shall be open to
220528(b) ..... 36:395(b)(1) (last sen- the public.
tence), (2) (2d sen-
tence). (3) A decision by the arbitrators shall be by
220528(c)(1) 36:395(b)(1) (2d sen-
tence). majority vote unless the concurrence of all arbi-
220528(c)(2) 36:395(b)(2) (1st, 3d, trators is expressly required by the contesting
last sentences).
220528(d) ..... 36:395(b)(3) (1st–3d parties.
sentences). (4) Each party may be represented by counsel
220528(e) ..... 36:395(b)(3) (last sen-
tence). or by any other authorized representative at the
220528(f) ..... 36:395(b)(4) (1st sen- arbitration proceeding.
tence).
220528(g) ..... 36:395(b)(4) (last sen- (5) The parties may offer any evidence they de-
tence). sire and shall produce any additional evidence
In subsection (c)(2), the word ‘‘also’’ is omitted as un- the arbitrators believe is necessary to an under-
necessary. standing and determination of the dispute. The
In subsection (d), the words ‘‘course of such’’ and ‘‘re- arbitrators shall be the sole judges of the rel-
spective’’ are omitted as unnecessary. evancy and materiality of the evidence offered.
In subsection (e), before clause (1), the words ‘‘ama- Conformity to legal rules of evidence is not nec-
teur sports organization’’ are omitted as unnecessary.
In clause (2)(B), the words ‘‘the applicant’’ are sub-
essary.
stituted for ‘‘it’’ for clarity. (c) SETTLEMENT.—The arbitrators may settle a
In subsection (f), before clause (1), the word ‘‘after’’ is dispute arising under this chapter before mak-
substituted for ‘‘of’’ for consistency in the revised title. ing a final award, if agreed to by the parties and
In clause (4), the words ‘‘decide to’’ are omitted as un- achieved in a manner not inconsistent with the
necessary. The words ‘‘for a period not exceeding’’ are constitution and bylaws of the corporation.
substituted for ‘‘of not to exceed’’ for clarity.
In subsection (g), before clause (1), the words ‘‘with
(d) BINDING NATURE OF DECISION.—Final deci-
sections 220522, 220524, and 220525 of this title’’ are sion of the arbitrators is binding on the parties
added, and the words ‘‘probationary period prescribed if the award is not inconsistent with the con-
under subsection (f)(4) of this section’’ are substituted stitution and bylaws of the corporation.
for ‘‘prescribed time period’’, for clarity. (e) REOPENING HEARINGS.—(1) At any time be-
AMENDMENTS fore a final decision is made, the hearings may
be reopened by the arbitrators on their own mo-
1998—Subsec. (c)(1)(A). Pub. L. 105–277, § 142(p)(1), sub-
stituted ‘‘Olympic Games or the Paralympic Games, or
tion or on the motion of a party.
in both’’ for ‘‘Olympic Games or both’’. (2) If the reopening is based on the motion of
Subsec. (c)(2). Pub. L. 105–277, § 142(p)(2), (3), sub- a party, and if the reopening would result in the
stituted ‘‘certified’’ for ‘‘registered’’ and substituted arbitrators’ decision being delayed beyond the
‘‘body and with any other organization that has filed specific period agreed to at the beginning of the
an application.’’ for ‘‘body.’’ arbitration proceedings, all parties to the deci-
Subsec. (d). Pub. L. 105–277, § 142(p)(4), (5), inserted
‘‘open to the public’’ after ‘‘formal hearing’’ and in-
sion must agree to reopen the hearings.
serted after second sentence ‘‘The corporation also (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1478.)
shall send written notice, including a copy of the appli-
cation, at least 30 days prior to the date of the hearing HISTORICAL AND REVISION NOTES
to all amateur sports organizations known to the cor-
poration in that sport.’’ Revised Source (U.S. Code) Source (Statutes at Large)
Section
Subsec. (f)(4). Pub. L. 105–277, § 142(p)(6), substituted
‘‘title and notify such national governing body of such 220529(a) ..... 36:395(c)(1) (1st sen- Sept. 21, 1950, ch. 975, title
probation and of the actions needed to comply with tence). II, § 205(c), as added Nov. 8,
such requirements.’’ for ‘‘title.’’ 1978, Pub. L. 95–606, § 2, 92
Stat. 3057.
220529(b)(1) 36:395(c)(1) (2d sen-
§ 220529. Arbitration of corporation determina- tence).
tions 220529(b)(2) 36:395(c)(1) (last sen-
tence).
220529(b)(3) 36:395(c)(4).
(a) RIGHT TO REVIEW.—A party aggrieved by a 220529(b)(4) 36:395(c)(3) (1st sen-
determination of the corporation under section tence).
§ 220701 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 270
AND ORGANIZATIONS

HISTORICAL AND REVISION NOTES—Continued HISTORICAL AND REVISION NOTES

Revised Revised
Source (U.S. Code) Source (Statutes at Large) Section Source (U.S. Code) Source (Statutes at Large)
Section

220529(b)(5) 36:395(c)(3) (2d, last 220702(a) ..... 36:1801. Nov. 20, 1981, Pub. L. 97–83,
sentences). §§ 1, 15 (last sentence), 16,
220529(c) ..... 36:395(c)(2). 95 Stat. 1094, 1096.
220529(d) ..... 36:395(c)(5). 220702(b) ..... 36:1814 (last sen-
220529(e) ..... 36:395(c)(6). tence).
36:1815.
In subsection (a), the reference to 36:391(c) is omitted
because 36:391(c) is omitted as executed. See the revi- This section is substituted for the source provisions
for consistency in the revised title and to eliminate un-
sion note for section 220522 of the revised title. The
necessary words.
words ‘‘may obtain review by’’ are substituted for ‘‘The
right to review . . . shall be to’’ for clarity. § 220703. Purposes
In subsection (b)(2)(A) and (B), the word ‘‘mutually’’
is omitted as unnecessary. The purposes of the corporation are as pro-
In subsection (b)(4), the word ‘‘duly’’ is omitted as vided in its articles of incorporation and in-
unnecessary. clude—
In subsection (c), the words ‘‘in any arbitration’’, (1) preserving and promoting patriotism and
‘‘the provisions of’’, ‘‘mutually’’, and ‘‘to the proceed- loyalty to the United States of America;
ing’’ are omitted as unnecessary. (2) perpetuating and establishing memorials
In subsection (d), the word ‘‘involved’’ is omitted as to the memory of shipmates who served
unnecessary.
In subsection (e), the word ‘‘contesting’’ is omitted as
aboard United States submarines and gave
unnecessary. their lives in submarine warfare during World
In subsection (e)(2), the words ‘‘the reopening is based War II;
on the motion of a party’’ are substituted for ‘‘any con- (3) promoting the spirit and unity that ex-
testing party makes such a motion’’ for clarity. isted among the United States Navy sub-
marine crewmen during World War II;
CHAPTER 2207—UNITED STATES SUBMARINE (4) fostering general public awareness of life
VETERANS OF WORLD WAR II aboard submarines during World War II,
through securing, restoring, and displaying
Sec. the submarines that were in service at that
220701. Definition. time;
220702. Organization. (5) sponsoring annual college scholarships;
220703. Purposes. and
220704. Membership.
(6) performing acts of charity as provided in
220705. Governing body.
220706. Powers. the constitution and bylaws of the corpora-
220707. Restrictions. tion.
220708. Duty to maintain tax-exempt status. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1479.)
220709. Records and inspection.
220710. Service of process. HISTORICAL AND REVISION NOTES
220711. Liability for acts of officers and agents.
220712. Annual report. Revised Source (U.S. Code) Source (Statutes at Large)
Section

§ 220701. Definition 220703 ......... 36:1803. Nov. 20, 1981, Pub. L. 97–83,
§ 3, 95 Stat. 1094.
For purposes of this chapter, ‘‘State’’ includes
Before clause (1), the words ‘‘objects’’ is omitted as
the District of Columbia and the territories and
included in ‘‘purposes’’.
possessions of the United States. In clause (1), the words ‘‘preserving and promoting’’
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1479.) are added for clarity.

HISTORICAL AND REVISION NOTES § 220704. Membership

Revised
Except as provided in this chapter, eligibility
Section Source (U.S. Code) Source (Statutes at Large) for membership in the corporation and the
220701 ......... 36:1813. Nov. 20, 1981, Pub. L. 97–83,
rights and privileges of members are as provided
§ 14, 95 Stat. 1096. in the constitution and bylaws of the corpora-
tion.
The words ‘‘the Commonwealth of Puerto Rico’’ are
omitted as included in ‘‘the territories and possessions
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1479.)
of the United States’’. HISTORICAL AND REVISION NOTES

§ 220702. Organization Revised


Source (U.S. Code) Source (Statutes at Large)
Section
(a) FEDERAL CHARTER.—United States Sub- 220704 ......... 36:1805. Nov. 20, 1981, Pub. L. 97–83,
marine Veterans of World War II (in this chap- § 5, 95 Stat. 1094.
ter, the ‘‘corporation’’), a nonprofit corporation
incorporated in New Jersey and Colorado, is a § 220705. Governing body
federally chartered corporation.
(a) BOARD OF DIRECTORS.—The board of direc-
(b) EXPIRATION OF CHARTER.—If the corpora-
tors and the responsibilities of the board are as
tion does not comply with any provision of this
provided in the articles of incorporation.
chapter, the charter granted by this chapter ex- (b) OFFICERS.—The officers and the election of
pires. officers are as provided in the articles of incor-
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1479.) poration.
Page 271 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 220710
AND ORGANIZATIONS

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1479.) In subsection (c), the words ‘‘may not’’ are sub-
stituted for ‘‘No part of . . . shall’’ for consistency in
HISTORICAL AND REVISION NOTES the revised title and to eliminate unnecessary words.
The words ‘‘inure to the benefit of’’ are substituted for
Revised Source (U.S. Code) Source (Statutes at Large) ‘‘inure to’’ for consistency in the revised title. The
Section
words ‘‘This subsection does not’’ are substituted for
220705(a) ..... 36:1806. Nov. 20, 1981, Pub. L. 97–83, ‘‘Nothing in this subsection shall be construed to’’ for
§§ 6, 7, 95 Stat. 1095. consistency in the revised title and to eliminate unnec-
220705(b) ..... 36:1807.
essary words.
The words ‘‘and in conformity with the laws of the
State or States in which it is incorporated’’ in 36:1806 § 220708. Duty to maintain tax-exempt status
and ‘‘and in conformity with the laws of the State or
States wherein it is incorporated’’ in 36:1807 are omit- The corporation shall maintain its status as
ted as unnecessary. an organization exempt from taxation under the
Internal Revenue Code of 1986 (26 U.S.C. 1 et
§ 220706. Powers seq.).
The corporation has only the powers provided (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1480.)
in its bylaws and articles of incorporation filed
in each State in which it is incorporated. HISTORICAL AND REVISION NOTES

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1479.) Revised Source (U.S. Code) Source (Statutes at Large)
Section
HISTORICAL AND REVISION NOTES 220708 ......... 36:1814 (1st sen- Nov. 20, 1981, Pub. L. 97–83,
tence). § 15 (1st sentence), 95 Stat.
Revised 1096.
Section Source (U.S. Code) Source (Statutes at Large)

220706 ......... 36:1802. Nov. 20, 1981, Pub. L. 97–83,


§ 2, 95 Stat. 1094. § 220709. Records and inspection

The words ‘‘and subject to the laws of such State or (a) RECORDS.—The corporation shall keep—
States’’ are omitted as unnecessary. (1) correct and complete records of account;
(2) minutes of the proceedings of its mem-
§ 220707. Restrictions bers, board of directors, and committees hav-
(a) STOCK AND DIVIDENDS.—The corporation ing any of the authority of its board of direc-
may not issue stock or declare or pay a divi- tors; and
dend. (3) at its principal office, a record of the
(b) POLITICAL ACTIVITIES.—The corporation or names and addresses of its members entitled
a director or officer as such may not contribute to vote.
to, support, or otherwise participate in any po- (b) INSPECTION.—A member entitled to vote, or
litical activity or in any manner attempt to in- an agent or attorney of the member, may in-
fluence legislation. spect the records of the corporation for any
(c) DISTRIBUTION OF INCOME OR ASSETS.—The proper purpose, at any reasonable time.
income or assets of the corporation may not
inure to the benefit of, or be distributed to, a di- (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1480.)
rector, officer, or member during the life of the HISTORICAL AND REVISION NOTES
charter granted by this chapter. This subsection
does not prevent the payment of reasonable Revised Source (U.S. Code) Source (Statutes at Large)
Section
compensation to an officer or reimbursement for
actual necessary expenses in amounts approved 220709 ......... 36:1810. Nov. 20, 1981, Pub. L. 97–83,
§ 10, 95 Stat. 1095.
by the board of directors.
(d) LOANS.—The corporation may not make a The word ‘‘records’’ is substituted for ‘‘books and
loan to a director, officer, or employee. records’’ for consistency in the revised title and with
(e) CLAIM OF GOVERNMENTAL APPROVAL OR AU- other titles of the United States Code. The words
THORITY.—The corporation may not claim con- ‘‘Nothing in this section shall be construed to con-
gressional approval or the authority of the travene any applicable State law’’ are omitted as un-
United States Government for any of its activi- necessary.
ties.
§ 220710. Service of process
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1480.)
The corporation shall comply with the law on
HISTORICAL AND REVISION NOTES service of process of each State in which it is in-
Revised corporated and each State in which it carries on
Source (U.S. Code) Source (Statutes at Large)
Section activities.
220707(a) ..... 36:1808(d). Nov. 20, 1981, Pub. L. 97–83, (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1480.)
§ 8, 95 Stat. 1095.
220707(b) ..... 36:1808(c).
220707(c) ..... 36:1808(a). HISTORICAL AND REVISION NOTES
220707(d) ..... 36:1808(b).
220707(e) ..... 36:1808(e). Revised Source (U.S. Code) Source (Statutes at Large)
Section
In subsection (a), the words ‘‘any shares of’’ are omit- 220710 ......... 36:1804. Nov. 20, 1981, Pub. L. 97–83,
ted as unnecessary. § 4, 95 Stat. 1094.
In subsection (b), the words ‘‘as such’’ are substituted
for ‘‘acting as such officer or director’’ for consistency The words ‘‘in furtherance of its corporate purposes’’
in the revised title. are omitted as unnecessary.
§ 220711 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 272
AND ORGANIZATIONS

§ 220711. Liability for acts of officers and agents HISTORICAL AND REVISION NOTES—Continued

The corporation is liable for the acts of its of- Revised


Source (U.S. Code) Source (Statutes at Large)
Section
ficers and agents acting within the scope of
their authority. 230101(b) ..... 36:114 (words before
4th semicolon re-
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1480.) lated to perpetual
succession).
HISTORICAL AND REVISION NOTES
Subsection (a) is substituted for the source provisions
Revised Source (U.S. Code) Source (Statutes at Large) for consistency in the revised title and to eliminate un-
Section necessary and executed words.
220711 ......... 36:1809. Nov. 20, 1981, Pub. L. 97–83, In subsection (b), the words ‘‘perpetual existence’’ are
§ 9, 95 Stat. 1095. substituted for ‘‘perpetual succession’’ for consistency
in the revised title.
§ 220712. Annual report
§ 230102. Purposes
The corporation shall submit an annual report
to Congress on the activities of the corporation The purposes of the corporation are fraternal,
during the prior fiscal year. The report shall be patriotic, historical, charitable, and edu-
submitted at the same time as the report of the cational, and are—
audit required by section 10101 of this title. The (1) to preserve and strengthen comradeship
report may not be printed as a public document. among its members;
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1480.) (2) to assist worthy comrades;
(3) to perpetuate the memory and history of
HISTORICAL AND REVISION NOTES our dead, and to assist their widows and or-
phans;
Revised
Section Source (U.S. Code) Source (Statutes at Large) (4) to maintain true allegiance to the Gov-
ernment of the United States, and fidelity to
220712 ......... 36:1811. Nov. 20, 1981, Pub. L. 97–83,
§ 12, 95 Stat. 1096. its Constitution and laws;
(5) to foster true patriotism;
TERMINATION OF REPORTING REQUIREMENTS (6) to maintain and extend the institutions
For termination, effective May 15, 2000, of reporting of American freedom; and
provisions in this section, see section 3003 of Pub. L. (7) to preserve and defend the United States
104–66, as amended, set out as a note under section 1113 from all enemies.
of Title 31, Money and Finance, and page 207 of House
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1481; Pub.
Document No. 103–7.
L. 107–242, § 2, Oct. 16, 2002, 116 Stat. 1497.)
CHAPTER 2301—VETERANS OF FOREIGN HISTORICAL AND REVISION NOTES
WARS OF THE UNITED STATES
Revised Source (U.S. Code) Source (Statutes at Large)
Sec. Section
230101. Organization.
230102. Purposes. 230102 ......... 36:113. May 28, 1936, ch. 471, § 3, 49
Stat. 1391.
230103. Membership.
230104. Powers.
230105. Exclusive right to name, seal, emblems, and AMENDMENTS
badges.
230106. Service of process. 2002—Pub. L. 107–242 inserted ‘‘charitable,’’ before
230107. Annual report. ‘‘and educational,’’ in introductory provisions.

§ 230101. Organization § 230103. Membership


(a) FEDERAL CHARTER.—Veterans of Foreign An individual is eligible for membership in the
Wars of the United States (in this chapter, the corporation only if the individual served honor-
‘‘corporation’’), a national association of men ably as a member of the Armed Forces of the
who as soldiers, sailors, marines, and airmen United States—
served this Nation in wars, campaigns, and expe- (1) in a foreign war, insurrection, or expedi-
ditions on foreign soil or in hostile waters, is a tion in service that—
federally chartered corporation. (A) has been recognized as campaign-medal
(b) PERPETUAL EXISTENCE.—Except as other- service; and
wise provided, the corporation has perpetual ex- (B) is governed by the authorization of the
istence. award of a campaign badge by the United
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1481.) States Government;
HISTORICAL AND REVISION NOTES (2) on the Korean peninsula or in its terri-
torial waters for at least 30 consecutive days,
Revised or a total of 60 days, after June 30, 1949; or
Section Source (U.S. Code) Source (Statutes at Large)
(3) in an area which entitled the individual
230101(a) ..... 36:111. May 28, 1936, ch. 471, § 1, 49 to receive special pay for duty subject to hos-
Stat. 1390; May 29, 1953,
ch. 85, § 1, 67 Stat. 40. tile fire or imminent danger under section 310
36:112. May 28, 1936, ch. 471, §§ 2, 4 of title 37.
(words before 4th semi-
colon related to perpetual
succession), 49 Stat. 1390, (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1481; Pub.
1391. L. 107–242, § 1(a), Oct. 16, 2002, 116 Stat. 1497.)
Page 273 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 230107
AND ORGANIZATIONS

HISTORICAL AND REVISION NOTES In clause (9), the words ‘‘do any other act’’ are sub-
stituted for ‘‘generally to do any and all such acts and
Revised things’’ for consistency in the revised title and to
Section Source (U.S. Code) Source (Statutes at Large)
eliminate unnecessary words.
230103 ......... 36:115. May 28, 1936, ch. 471, § 5, 49
Stat. 1391; May 29, 1953, § 230105. Exclusive right to name, seal, emblems,
ch. 85, § 2, 67 Stat. 40; Mar. and badges
7, 1995, Pub. L. 104–3, 109
Stat. 47.
The corporation has the exclusive right to use
The words ‘‘is eligible for membership . . . only if’’ the name ‘‘Veterans of Foreign Wars of the
are substituted for ‘‘may not be a member . . . unless’’ United States’’ and its corporate seal and to
for consistency in the revised title. The words ‘‘served manufacture and use emblems and badges the
honorably as a member of the armed forces of the corporation adopts.
United States’’ are substituted for ‘‘served honorably (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1482.)
as a member of the Armed Forces of the United States’’
and ‘‘while a member of the Armed Forces of the HISTORICAL AND REVISION NOTES
United States, served honorably’’ to eliminate unneces-
sary words. In clause (2), the words ‘‘at least’’ are sub- Revised Source (U.S. Code) Source (Statutes at Large)
Section
stituted for ‘‘not less than’’ for consistency in the re-
vised title. 230105 ......... 36:114 (words be- May 28, 1936, ch. 471, §§ 4
tween 4th and 5th (words between 4th and
AMENDMENTS semicolons). 5th semicolons), 7, 49 Stat.
1391.
2002—Par. (3). Pub. L. 107–242 added par. (3). 36:117.

§ 230104. Powers The words ‘‘sole’’, ‘‘to have and’’, and ‘‘in carrying
out its purposes’’ in 36:117 are omitted as unnecessary.
The corporation may— The words ‘‘as may be deemed necessary in the fulfill-
(1) adopt and amend a constitution, bylaws, ment of the purposes of the corporation’’ are omitted
and regulations to carry out the purposes of as unnecessary.
the corporation;
(2) adopt and alter a corporate seal; § 230106. Service of process
(3) establish and maintain offices to conduct As a condition to the exercise of any power or
its activities; privilege granted by this chapter, the corpora-
(4) make contracts; tion shall file, with the secretary of state or
(5) acquire, own, lease, encumber, and trans- other designated official of each State, the name
fer property as necessary and appropriate to and address of an agent in that State on whom
carry out the purposes of the corporation; legal process or demands against the corpora-
(6) establish, regulate, and discontinue sub- tion may be served.
ordinate State and territorial subdivisions and
local chapters or posts; (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1482.)
(7) publish a magazine and other publica- HISTORICAL AND REVISION NOTES
tions;
(8) sue and be sued; and Revised Source (U.S. Code) Source (Statutes at Large)
Section
(9) do any other act necessary and proper to
carry out the purposes of the corporation. 230106 ......... 36:119. May 28, 1936, ch. 471, § 9, 49
Stat. 1391.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1481.)
The words ‘‘precedent’’, ‘‘herein’’, and ‘‘or conferred’’
HISTORICAL AND REVISION NOTES are omitted as unnecessary. The words ‘‘with the sec-
retary of state or other designated official’’ are sub-
Revised Source (U.S. Code) Source (Statutes at Large) stituted for ‘‘in the office of the Secretary of State’’ for
Section
consistency in the revised title. The words ‘‘post-of-
230104 ......... 36:114 (words before May 28, 1936, ch. 471, § 4 fice’’ and ‘‘authorized’’ are omitted as unnecessary.
4th semicolon less (words before 4th semi-
perpetual succes- colon less perpetual suc- § 230107. Annual report
sion, words after cession, words after 5th
5th semicolon). semicolon), 6, 49 Stat.
1391. Not later than January 1 of each year, the cor-
36:116. poration shall submit a report to Congress on
the activities of the corporation during the prior
In this section, the text of 36:116 is omitted as exe- fiscal year. The report may not be printed as a
cuted and obsolete. public document.
In clause (1), the words ‘‘apply, and administer’’ are
omitted as unnecessary and for consistency in the re- (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1482.)
vised title. The words ‘‘not inconsistent with the laws
of the United States or of any State’’ are omitted as HISTORICAL AND REVISION NOTES
unnecessary.
Revised Source (U.S. Code) Source (Statutes at Large)
In clause (2), the words ‘‘at pleasure’’ are omitted for Section
consistency in the revised title.
In clause (3), the word ‘‘activities’’ is substituted for 230107 ......... 36:118. May 28, 1936, ch. 471, § 8, 49
Stat. 1391; Aug. 30, 1964,
‘‘business’’ for consistency in the revised title. Pub. L. 88–504, § 4(10), 78
Clauses (4) and (5) are substituted for ‘‘to receive, Stat. 637.
hold, own, use, and dispose of such real estate, personal
property, money, contract, rights, and privileges as The word ‘‘submit’’ is substituted for ‘‘make and
shall be deemed necessary and incidental for its cor- transmit’’ for consistency in the revised title.
porate purposes’’ for consistency in the revised title
TERMINATION OF REPORTING REQUIREMENTS
and to eliminate unnecessary words.
In clause (8), the words ‘‘in courts of law and equity’’ For termination, effective May 15, 2000, of reporting
are omitted as unnecessary. provisions in this section, see section 3003 of Pub. L.
§ 230301 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 274
AND ORGANIZATIONS

104–66, as amended, set out as a note under section 1113 of those deceased veterans, and the problems
of Title 31, Money and Finance, and page 207 of House of those veterans and their widows and or-
Document No. 103–7. phans;
CHAPTER 2303—VETERANS OF WORLD WAR (4) to collate, preserve, and encourage the
I OF THE UNITED STATES OF AMERICA, study of historical episodes, chronicles, me-
INCORPORATED mentos, and events pertaining to World War I;
(5) to fight vigorously to uphold the Con-
Sec. stitution and laws of the United States as well
230301. Organization. as the individual States of the Union and to
230302. Purposes. foster the spirit and practice of true Ameri-
230303. Membership.
230304. Governing body.
canism;
230305. Powers. (6) to fight unceasingly for our national se-
230306. Exclusive right to name, seals, emblems, and curity to protect Americans from enemies
badges. within our borders, as well as those from with-
230307. Restrictions. out, so that our American way of life is pre-
230308. Principal office. served;
230309. Records and inspection. (7) to fight to the utmost all those alien
230310. Service of process. forces, particularly forces such as com-
230311. Liability for acts of officers and agents.
munism, whose objectives are to deny our very
230312. Annual report.
230313. Termination of existence and distribution of existence as a free people; and
assets. (8) to do any other act necessary and proper
to carry out the purposes of the corporation.
§ 230301. Organization
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1482.)
(a) FEDERAL CHARTER.—Veterans of World War
HISTORICAL AND REVISION NOTES
I of the United States of America, Incorporated
(in this chapter, the ‘‘corporation’’), is a feder- Revised
Section Source (U.S. Code) Source (Statutes at Large)
ally chartered corporation.
(b) PLACE OF INCORPORATION AND DOMICILE.— 230302 ......... 36:763. July 18, 1958, Pub. L. 85–530,
The corporation is declared to be incorporated § 3, 72 Stat. 371.
and domiciled in the District of Columbia.
(c) PERPETUAL EXISTENCE.—Except as other- § 230303. Membership
wise provided, the corporation has perpetual ex- (a) ELIGIBILITY.—Eligibility for membership in
istence. the corporation and the rights, privileges, and
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1482.) designation of classes of members are as pro-
vided in the constitution and bylaws of the cor-
HISTORICAL AND REVISION NOTES
poration. However, an individual who did not
Revised serve honorably in the Armed Forces of the
Section Source (U.S. Code) Source (Statutes at Large)
United States during the period beginning April
230301 ......... 36:761. July 18, 1958, Pub. L. 85–530, 6, 1917, and ending November 11, 1918, is not eli-
§§ 1, 2, 4(1), 72 Stat. 370, gible for all classes of membership.
371.
36:762. (b) VOTING.—Each member of the corporation
36:764(1). (except an associate or honorary member) has
one vote on each matter submitted to a vote at
This section is substituted for the source provisions
a meeting of the members of the corporation ex-
for consistency in the revised title and to eliminate un-
necessary and executed words. cept the national convention.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1483.)
§ 230302. Purposes
HISTORICAL AND REVISION NOTES
The purposes of the corporation are patriotic,
fraternal, historical, and educational, in the Revised Source (U.S. Code) Source (Statutes at Large)
Section
service and for the benefit of veterans of World
War I, and are— 230303(a) ..... 36:765. July 18, 1958, Pub. L. 85–530,
(1) to provide for the veterans of World War §§ 5, 6(b), 72 Stat. 372.
230303(b) ..... 36:766(b).
I an organization for their mutual benefit,
pleasure, and amusement which will afford In subsection (a), the words ‘‘is not eligible for all
them opportunities and means for personal classes of membership’’ are substituted for ‘‘in no case
contact with each other to keep alive friend- shall eligibility for all classes of membership include’’
ships and memories of World War I and to ven- to eliminate unnecessary words.
erate the memory of their honored dead; § 230304. Governing body
(2) to cooperate to the fullest extent and in
a harmonious manner with all veterans’ orga- (a) NATIONAL CONVENTION.—(1) The national
nizations so that the best interests of all vet- convention is the supreme governing authority
erans of all wars in which the United States of the corporation.
has participated, and the widows and orphans (2) The national convention is composed of of-
of deceased veterans of those wars, may best ficers and elected representatives from the
be served; States and other local subdivisions of the cor-
(3) to stimulate communities and political poration as provided in the constitution and by-
subdivisions into taking more interest in vet- laws of the corporation. However, the form of
erans of World War I, the widows and orphans government of the corporation must be rep-
Page 275 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 230306
AND ORGANIZATIONS

resentative of the membership at large and may HISTORICAL AND REVISION NOTES
not permit concentration of control in a limited
Revised
number of members or in a self-perpetuating Section Source (U.S. Code) Source (Statutes at Large)
group not representative of the membership at
230305 ......... 36:764(2)–(10). July 18, 1958, Pub. L. 85–530,
large. Each elected representative is entitled to §§ 4(2)–(10), 18, 72 Stat. 371,
one vote at the national convention. 375.
36:778.
(3) The meetings of the national convention
may be held in the District of Columbia or in In this section, the text of 36:778 is omitted as exe-
any State, territory, or possession of the United cuted and obsolete.
States. In clause (1), the word ‘‘alter’’ is omitted as included
(b) BOARD OF ADMINISTRATION.—(1) During the in ‘‘amend’’. The words ‘‘not inconsistent with the laws
intervals between the national convention, the of the United States or any State in which the corpora-
board of administration is the governing board tion is to operate’’ are omitted as unnecessary.
of the corporation and is responsible for the gen- In clause (2), the word ‘‘use’’ is omitted as unneces-
sary.
eral policies, program, and activities of the cor-
In clause (4), the words ‘‘make contracts’’ are sub-
poration. stituted for ‘‘contract and be contracted with’’ for con-
(2) The board shall consist of at least 7 mem- sistency in the revised title and to eliminate unneces-
bers elected in the manner and for the term pro- sary words.
vided in the constitution and bylaws. Clause (5) is substituted for ‘‘take by lease, gift, pur-
(c) OFFICERS.—(1) The officers of the corpora- chase, grant, devise, or bequest from any public body or
tion are a national commander, a national sen- agency or any private corporation, association, part-
ior vice commander, a national junior vice com- nership, firm, or individual and to hold absolutely or in
mander, a national quartermaster, a national trust for any of the purposes of the corporation any
property, real, personal, or mixed, necessary or conven-
adjutant, a national judge advocate, 9 regional ient for attaining the objects and carrying into effect
vice commanders, and other officers as provided the purposes of the corporation’’ and ‘‘transfer, convey,
in the constitution and bylaws. One individual lease, sublease, encumber, and otherwise alienate real,
may hold the offices of national quartermaster personal, or mixed property’’ for consistency in the re-
and national adjutant. vised title and to eliminate unnecessary words. The
(2) The titles, manner of selection, term of of- words ‘‘subject, however, to applicable provisions of
fice, and duties of the officers are as provided in law of any State (A) governing the amount or kind of
the constitution and bylaws. property which may be held by, or (B) otherwise limit-
ing or controlling the ownership of property by, a cor-
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1483.) poration operating in such State’’ are omitted as un-
necessary.
HISTORICAL AND REVISION NOTES In clause (6), the words ‘‘for the purposes of the cor-
poration’’ are omitted as unnecessary. The words
Revised Source (U.S. Code) Source (Statutes at Large)
Section ‘‘issue instruments of indebtedness, and secure its obli-
gations by granting security interests in its property’’
230304(a) ..... 36:766(a). July 18, 1958, Pub. L. 85–530, are substituted for ‘‘issue bonds therefor, and secure
§§ 6(a), 7, 8, 72 Stat. 372.
230304(b)(1) 36:767(a). the same by mortgage, deed of trust, pledge, or other-
230304(b)(2) 36:767(b), (c). wise’’ for consistency in the revised title and to elimi-
230304(c) ..... 36:768. nate unnecessary words. The words ‘‘subject in every
case to all applicable provisions of Federal and State
In subsection (a)(2), the words ‘‘always’’ and ‘‘the laws’’ are omitted as unnecessary.
hands of’’ are omitted as unnecessary. In clause (7), the words ‘‘complain and defend in any
In subsection (a)(3), the words ‘‘State, territory, or court of competent jurisdiction’’ are omitted as unnec-
possession of the United States’’ are substituted for essary.
‘‘State or Territory’’ for consistency in the revised In clause (8), the words ‘‘any other act’’ are sub-
title and with other titles of the United States Code. stituted for ‘‘any and all acts and things’’ for consist-
In subsection (b)(2), the text of 36:767(b) is omitted as ency in the revised title and to eliminate unnecessary
executed and obsolete. words. The word ‘‘objects’’ is omitted as included in
‘‘purposes’’.
§ 230305. Powers
The corporation may— § 230306. Exclusive right to name, seals, emblems,
(1) adopt and amend a constitution and by- and badges
laws for the management of its property and The corporation and its subordinate divisions
the regulation of its affairs; have the exclusive right to use the name ‘‘Veter-
(2) adopt and alter a corporate seal; ans of World War I of the United States of Amer-
(3) choose officers, managers, employees, and ica, Incorporated’’. The corporation has the ex-
agents as the activities of the corporation re- clusive right to use, and to allow others to use,
quire; seals, emblems, and badges the corporation
(4) make contracts; adopts.
(5) acquire, own, lease, encumber, and trans-
fer property as necessary or convenient to (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1484.)
carry out the purposes of the corporation; HISTORICAL AND REVISION NOTES
(6) borrow money, issue instruments of in-
debtedness, and secure its obligations by Revised
Source (U.S. Code) Source (Statutes at Large)
Section
granting security interests in its property;
(7) sue and be sued; and 230306 ......... 36:777. July 18, 1958, Pub. L. 85–530,
(8) do any other act necessary and proper to § 17, 72 Stat. 374.
carry out the purposes of the corporation.
The words ‘‘sole’’, ‘‘or refuse’’, and ‘‘and such em-
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1484.) blems, seals, and badges as have heretofore been used
§ 230307 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 276
AND ORGANIZATIONS

by the Ohio corporation described in section 778 of this § 230309. Records and inspection
title’’ are omitted as unnecessary. The words ‘‘and the
right to which may be lawfully transferred to the cor- (a) RECORDS.—The corporation shall keep—
poration’’ are omitted as executed. (1) correct and complete records of account;
and
§ 230307. Restrictions (2) minutes of the proceedings of its national
(a) STOCKS AND DIVIDENDS.—The corporation convention and board of administration.
may not issue stock or declare or pay a divi- (b) INSPECTION.—A member, or an agent or at-
dend. torney of the member, may inspect the records
(b) POLITICAL ACTIVITIES.—The corporation or of the corporation for any proper purpose, at
an officer or agent as such may not contribute any reasonable time.
to, support, or assist a political party or can- (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1485.)
didate for public office.
(c) DISTRIBUTION OF INCOME OR ASSETS.—The HISTORICAL AND REVISION NOTES
income or assets of the corporation may not Revised
inure to the benefit of, or be distributed to, an Section Source (U.S. Code) Source (Statutes at Large)
officer or member during the life of the corpora-
230309 ......... 36:774. July 18, 1958, Pub. L. 85–530,
tion or on its dissolution or final liquidation. § 14, 72 Stat. 374.
This subsection does not prevent the payment of
compensation to an officer or reimbursement for In this section, the word ‘‘records’’ is substituted for
actual necessary expenses in amounts approved ‘‘books and records’’ for consistency in the revised title
and with other titles of the United States Code.
by the board of administration of the corpora-
tion. § 230310. Service of process
(d) LOANS.—The corporation may not make a
loan or advance to an officer or employee. Mem- The corporation shall have a designated agent
bers of the board of administration who vote for in the District of Columbia to receive service of
or assent to making a loan or advance to an offi- process for the corporation. Notice to or service
cer or employee, and officers who participate in on the agent, or mailed to the business address
making the loan or advance, are jointly and sev- of the agent, is notice to or service on the cor-
erally liable to the corporation for the amount poration.
of the loan or advance until it is repaid. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1485.)
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1484.) HISTORICAL AND REVISION NOTES
HISTORICAL AND REVISION NOTES Revised
Section Source (U.S. Code) Source (Statutes at Large)
Revised
Section Source (U.S. Code) Source (Statutes at Large) 230310 ......... 36:769(b). July 18, 1958, Pub. L. 85–530,
§ 9(b), 72 Stat. 373.
230307(a) ..... 36:773. July 18, 1958, Pub. L. 85–530,
§§ 10, 11, 13, 72 Stat. 373, The words ‘‘at all times’’ are omitted as unnecessary.
374.
230307(b) ..... 36:771. The words ‘‘to receive’’ are substituted for ‘‘authorized
230307(c) ..... 36:770(a). to accept’’, and the word ‘‘is’’ is substituted for ‘‘will be
230307(d) ..... 36:770(b). deemed’’, for consistency in the revised title.

In subsection (a), the words ‘‘any shares of’’ are omit- § 230311. Liability for acts of officers and agents
ted as unnecessary.
In subsection (c), the words ‘‘inure to the benefit of’’ The corporation is liable for the acts of its of-
are substituted for ‘‘inure to’’ for consistency in the re- ficers and agents acting within the scope of
vised title. The words ‘‘This subsection does not’’ are their authority.
substituted for ‘‘Nothing in this subsection, however, (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1485.)
shall be construed to’’ for consistency in the revised
title and to eliminate unnecessary words. HISTORICAL AND REVISION NOTES
In subsection (d), the words ‘‘or advance’’ are added
in 2 places for consistency in the subsection. Revised Source (U.S. Code) Source (Statutes at Large)
Section
§ 230308. Principal office 230311 ......... 36:772. July 18, 1958, Pub. L. 85–530,
§ 12, 72 Stat. 374.
The principal office of the corporation shall be
in the District of Columbia or another place de-
§ 230312. Annual report
cided by the board of administration. However,
the activities of the corporation are not con- Not later than March 1 of each year, the cor-
fined to the place where the principal office is poration shall submit a report to Congress on
located but may be conducted in the District of the activities of the corporation during the prior
Columbia and throughout the States, terri- fiscal year. The report may consist of a report
tories, and possessions of the United States. on the proceedings of the national convention.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1485.) (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1485.)
HISTORICAL AND REVISION NOTES HISTORICAL AND REVISION NOTES

Revised Revised Source (U.S. Code) Source (Statutes at Large)


Section Source (U.S. Code) Source (Statutes at Large) Section

230308 ......... 36:769(a). July 18, 1958, Pub. L. 85–530, 230312 ......... 36:776. July 18, 1958, Pub. L. 85–530,
§ 9(a), 72 Stat. 373. § 16, 72 Stat. 374; Aug. 27,
1963, Pub. L. 88–105, § 2, 77
Stat. 130.
The word ‘‘various’’ is omitted as unnecessary.
Page 277 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 230503
AND ORGANIZATIONS

TERMINATION OF REPORTING REQUIREMENTS Sec.


230511. Service of process.
For termination, effective May 15, 2000, of reporting 230512. Liability for acts of officers and agents.
provisions in this section, see section 3003 of Pub. L. 230513. Annual report.
104–66, as amended, set out as a note under section 1113
of Title 31, Money and Finance, and page 207 of House § 230501. Definition
Document No. 103–7.
For purposes of this chapter, ‘‘State’’ includes
§ 230313. Termination of existence and distribu- the District of Columbia and the territories and
tion of assets possessions of the United States.
(a) AUTHORITY TO MAKE CONTINGENT PROVI- (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1486.)
SIONS.—The national convention, by resolution, HISTORICAL AND REVISION NOTES
may declare that the corporate existence will
terminate on the occurrence of a specified event Revised Source (U.S. Code) Source (Statutes at Large)
and provide for the disposition of any property Section
remaining after the discharge of all liabilities. 230501 ......... 36:3814. May 23, 1986, Pub. L. 99–318,
(b) PROCEDURE FOR CARRYING OUT CONTINGENT § 15, 100 Stat. 476.
PROVISIONS.—(1) An authenticated copy of the
The words ‘‘the Commonwealth of Puerto Rico’’ are
national convention’s resolution must be filed in omitted as included in ‘‘the territories and possessions
the office of the United States District Court for of the United States’’.
the District of Columbia.
(2) The court shall take jurisdiction when— § 230502. Organization
(A) the declared event has occurred; and (a) FEDERAL CHARTER.—Vietnam Veterans of
(B) a petition is filed with the court reciting America, Inc. (in this chapter, the ‘‘corpora-
the relevant facts. tion’’), a nonprofit corporation incorporated in
(3) On proof of the facts, the court shall enter New York, is a federally chartered corporation.
an order vesting title and ownership in accord- (b) EXPIRATION OF CHARTER.—If the corpora-
ance with the resolution of the national conven- tion does not comply with any provision of this
tion. chapter, the charter granted by this chapter ex-
pires.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1485.)
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1486.)
HISTORICAL AND REVISION NOTES
HISTORICAL AND REVISION NOTES
Revised
Section Source (U.S. Code) Source (Statutes at Large)
Revised
Section Source (U.S. Code) Source (Statutes at Large)
230313 ......... 36:779. July 18, 1958, Pub. L. 85–530,
§ 19, 72 Stat. 375. 230502(a) ..... 36:3801. May 23, 1986, Pub. L. 99–318,
§§ 1, 18, 100 Stat. 474, 477.
In subsection (a), the words ‘‘declare that the cor- 230502(b) ..... 36:3817.
porate existence will terminate on the occurrence of a
specified event’’ are substituted for ‘‘declare the event In subsection (a), the words ‘‘incorporated in New
upon which the corporate existence of the organization York’’ are substituted for ‘‘organized under the laws of
is to terminate’’ for clarity. The word ‘‘satisfaction’’ is the State of New York’’, and the words ‘‘is a federally
omitted as included in ‘‘discharge’’, and the word ‘‘obli- chartered corporation’’ are substituted for ‘‘is hereby
gations’’ is omitted as included in ‘‘liabilities’’. The recognized as such and is granted a charter’’, for con-
word ‘‘outstanding’’ is omitted as unnecessary. sistency in the revised title.
In subsection (b)(1), the word ‘‘duly’’ is omitted as In subsection (b), the word ‘‘restrictions’’ is omitted
unnecessary. The word ‘‘must’’ is substituted for as included in ‘‘any provision of this chapter’’.
‘‘shall’’ for clarity because the filing is only required if
§ 230503. Purposes
the national convention decides to exercise its discre-
tionary authority under subsection (a). The purposes of the corporation are as pro-
In subsection (b)(2)(B), the word ‘‘relevant’’ is sub- vided in its articles of incorporation, constitu-
stituted for ‘‘said’’ for clarity.
tion, and bylaws and include a commitment—
In subsection (b)(3), the word ‘‘due’’ is omitted as un-
necessary. The word ‘‘order’’ is substituted for ‘‘de- (1) to uphold and defend the Constitution of
cree’’ for consistency in the revised title and with other the United States;
titles of the United States Code. The word ‘‘vesting’’ is (2) to foster improvement of the condition of
substituted for ‘‘which shall be effective to vest’’ to Vietnam-era veterans;
eliminate unnecessary words. (3) to promote the social welfare (including
educational, economic, social, physical, and
CHAPTER 2305—VIETNAM VETERANS OF cultural improvement) of Vietnam-era veter-
AMERICA, INC. ans and other veterans in the United States by
Sec. encouraging their growth, development, read-
230501. Definition. justment, self-respect, self-confidence, and
230502. Organization. usefulness;
230503. Purposes. (4) to improve conditions for Vietnam-era
230504. Membership. veterans and develop channels of communica-
230505. Governing body. tion to assist Vietnam-era veterans;
230506. Powers.
(5) to conduct and publish research, on a
230507. Exclusive right to name, seals, emblems, and
badges. nonpartisan basis, pertaining to—
230508. Restrictions. (A) the relationship between Vietnam-era
230509. Duty to maintain tax-exempt status. veterans and American society;
230510. Records and inspection. (B) the Vietnam war experience;
§ 230504 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 278
AND ORGANIZATIONS

(C) the role of the United States in secur- HISTORICAL AND REVISION NOTES
ing peaceful coexistence for the world com-
Revised
munity; and Section Source (U.S. Code) Source (Statutes at Large)
(D) other matters that affect the edu-
230505(a) ..... 36:3806. May 23, 1986, Pub. L. 99–318,
cational, economic, social, physical, or cul- §§ 6, 7, 8 (related to direc-
tural welfare of Vietnam-era veterans, other tors and officers), 100
Stat. 475.
veterans, and their families; 230505(b) ..... 36:3807.
230505(c) ..... 36:3808 (related to
(6) to assist disabled Vietnam-era veterans directors and offi-
and other veterans in need of assistance and cers).
the dependents and survivors of those veter-
In subsections (a) and (b), the words ‘‘Except as pro-
ans; and vided in section 3808 of this title’’ are omitted because
(7) to consecrate the efforts of the members the prohibition on discrimination is restated in this
of the corporation, and Vietnam-era veterans section. The words ‘‘and in conformity with the laws of
generally, to mutual helpfulness and service the State in which it is incorporated’’ are omitted as
to their country. unnecessary.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1486.) § 230506. Powers
HISTORICAL AND REVISION NOTES The corporation has only the powers provided
Revised
in its articles of incorporation filed in the State
Section Source (U.S. Code) Source (Statutes at Large) of incorporation and in its constitution and by-
230503 ......... 36:3803. May 23, 1986, Pub. L. 99–318,
laws.
§ 3, 100 Stat. 474.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1487.)
Before clause (1), the word ‘‘objects’’ is omitted as in- HISTORICAL AND REVISION NOTES
cluded in ‘‘purposes’’.
Revised
Source (U.S. Code) Source (Statutes at Large)
§ 230504. Membership Section

(a) ELIGIBILITY.—Except as provided in this 230506 ......... 36:3802. May 23, 1986, Pub. L. 99–318,
§ 2, 100 Stat. 474.
chapter, eligibility for membership in the cor-
poration and the rights and privileges of mem- The words ‘‘and subject to the laws of such State’’ are
bers are as provided in the constitution and by- omitted as unnecessary.
laws of the corporation.
(b) NONDISCRIMINATION.—The terms of mem- § 230507. Exclusive right to name, seals, emblems,
bership may not discriminate on the basis of and badges
race, color, religion, sex, disability, age, or na- The corporation has the exclusive right to use
tional origin. the names ‘‘The Vietnam Veterans of America,
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1486.) Inc.’’, ‘‘Vietnam Veterans of America, Inc.’’, and
‘‘Vietnam Veterans of America’’, and seals, em-
HISTORICAL AND REVISION NOTES blems, and badges the corporation adopts. This
Revised section does not affect any vested rights.
Section Source (U.S. Code) Source (Statutes at Large)
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1487.)
230504(a) ..... 36:3805. May 23, 1986, Pub. L. 99–318,
§§ 5, 8 (related to member- HISTORICAL AND REVISION NOTES
ship), 100 Stat. 475.
230504(b) ..... 36:3808 (related to Revised
membership). Section Source (U.S. Code) Source (Statutes at Large)

In subsection (a), the words ‘‘Except as provided in 230507 ......... 36:3816. May 23, 1986, Pub. L. 99–318,
§ 17, 100 Stat. 476.
this chapter’’ are substituted for ‘‘Except as provided
in section 3808 of this title’’ for consistency in the re-
vised title. The word ‘‘sole’’ is omitted as included in ‘‘exclu-
In subsection (b), the words ‘‘The terms of member- sive’’. The words ‘‘the corporation adopts’’ are sub-
ship’’ are substituted for ‘‘In establishing the condi- stituted for ‘‘as the corporation may lawfully adopt’’
tions of membership in the corporation’’ for consist- for consistency in the revised title and to eliminate un-
ency in the revised title and to eliminate unnecessary necessary words. The words ‘‘This section does not af-
words. fect any’’ are substituted for ‘‘Nothing in this section
shall be construed to interfere or conflict with’’ for
§ 230505. Governing body consistency in the revised title. The words ‘‘established
or’’ are omitted as included in ‘‘vested’’.
(a) BOARD OF DIRECTORS.—The board of direc-
tors and the responsibilities of the board are as § 230508. Restrictions
provided in the constitution and bylaws of the (a) STOCK AND DIVIDENDS.—The corporation
corporation. may not issue stock or declare or pay a divi-
(b) OFFICERS.—The officers and the election of dend.
officers are as provided in the constitution and (b) DISTRIBUTION OF INCOME OR ASSETS.—The
bylaws of the corporation. income or assets of the corporation may not
(c) NONDISCRIMINATION.—The requirements for inure to the benefit of, or be distributed to, a di-
serving as a director or officer may not discrimi- rector, officer, or member during the life of the
nate on the basis of race, color, religion, sex, charter granted by this chapter. This subsection
disability, age, or national origin. does not prevent the payment of reasonable
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1487.) compensation to an officer or reimbursement for
Page 279 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 230513
AND ORGANIZATIONS

actual necessary expenses in amounts approved other titles of the United States Code. The words
by the board of directors. ‘‘Nothing in this section shall be construed to con-
(c) LOANS.—The corporation may not make a travene any applicable State law’’ are omitted as un-
necessary.
loan to a director, officer, or employee.
(d) CLAIM OF GOVERNMENTAL APPROVAL OR AU- § 230511. Service of process
THORITY.—The corporation may not claim con-
gressional approval or the authority of the The corporation shall comply with the law on
United States Government for any of its activi- service of process of each State in which it is in-
ties. corporated and each State in which it carries on
activities.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1487.)
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1488.)
HISTORICAL AND REVISION NOTES
HISTORICAL AND REVISION NOTES
Revised Source (U.S. Code) Source (Statutes at Large)
Section Revised
Section Source (U.S. Code) Source (Statutes at Large)
230508(a) ..... 36:3809(c). May 23, 1986, Pub. L. 99–318,
§ 9, 100 Stat. 475. 230511 ......... 36:3804. May 23, 1986, Pub. L. 99–318,
230508(b) ..... 36:3809(a). § 4, 100 Stat. 475.
230508(c) ..... 36:3809(b).
230508(d) ..... 36:3809(d).
The words ‘‘in furtherance of its corporate purposes’’
In subsection (a), the words ‘‘any shares of’’ are omit- are omitted as unnecessary.
ted as unnecessary.
§ 230512. Liability for acts of officers and agents
In subsection (b), the words ‘‘No part of’’ are omitted
as unnecessary. The words ‘‘inure to the benefit of’’ are The corporation is liable for the acts of its of-
substituted for ‘‘inure to’’, the words ‘‘the charter ficers and agents acting within the scope of
granted by this chapter’’ are substituted for ‘‘this char-
their authority.
ter’’, and the words ‘‘This subsection does not prevent’’
are substituted for ‘‘Nothing in this subsection shall be (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1488.)
construed to prevent’’, for consistency in the revised
title. HISTORICAL AND REVISION NOTES
In subsection (d), the words ‘‘by virtue of this chap-
ter’’ are omitted as unnecessary. Revised
Section Source (U.S. Code) Source (Statutes at Large)

§ 230509. Duty to maintain tax-exempt status 230512 ......... 36:3810. May 23, 1986, Pub. L. 99–318,
§ 10, 100 Stat. 475.
The corporation shall maintain its status as
an organization exempt from taxation under the § 230513. Annual report
Internal Revenue Code of 1986 (26 U.S.C. 1 et
seq.). The corporation shall submit an annual report
to Congress on the activities of the corporation
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1487.) during the prior fiscal year. The report shall be
HISTORICAL AND REVISION NOTES submitted at the same time as the report of the
audit required by section 10101 of this title. The
Revised Source (U.S. Code) Source (Statutes at Large) report may not be printed as a public document.
Section

230509 ......... 36:3815. May 23, 1986, Pub. L. 99–318,


(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1488.)
§ 16, 100 Stat. 476.
HISTORICAL AND REVISION NOTES
§ 230510. Records and inspection Revised Source (U.S. Code) Source (Statutes at Large)
Section
(a) RECORDS.—The corporation shall keep—
230513 ......... 36:3812. May 23, 1986, Pub. L. 99–318,
(1) correct and complete records of account; § 13, 100 Stat. 476.
(2) minutes of the proceedings of its mem-
bers, board of directors, and committees hav- The words ‘‘submit an annual report’’ are substituted
ing any of the authority of its board of direc- for ‘‘report annually’’ for consistency in the revised
tors; and title.
(3) at its principal office, a record of the TERMINATION OF REPORTING REQUIREMENTS
names and addresses of its members entitled
For termination, effective May 15, 2000, of reporting
to vote. provisions in this section, see section 3003 of Pub. L.
(b) INSPECTION.—A member entitled to vote, or 104–66, as amended, set out as a note under section 1113
an agent or attorney of the member, may in- of Title 31, Money and Finance, and page 208 of House
Document No. 103–7.
spect the records of the corporation for any
proper purpose, at any reasonable time. CHAPTER 2401—WOMEN’S ARMY CORPS
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1487.) VETERANS’ ASSOCIATION
HISTORICAL AND REVISION NOTES Sec.
240101. Definition.
Revised Source (U.S. Code) Source (Statutes at Large) 240102. Organization.
Section 240103. Purposes.
230510 ......... 36:3811. May 23, 1986, Pub. L. 99–318, 240104. Membership.
§ 11, 100 Stat. 475. 240105. Governing body.
240106. Powers.
The word ‘‘records’’ is substituted for ‘‘books and 240107. Restrictions.
records’’ for consistency in the revised title and with 240108. Duty to maintain tax-exempt status.
§ 240101 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 280
AND ORGANIZATIONS

Sec. HISTORICAL AND REVISION NOTES


240109. Records and inspection.
240110. Service of process. Revised
Source (U.S. Code) Source (Statutes at Large)
240111. Liability for acts of officers and agents. Section
240112. Annual report. 240103 ......... 36:3103. Oct. 30, 1984, Pub. L. 98–584,
§ 3, 98 Stat. 3097; June 13,
1991, Pub. L. 102–54,
§ 240101. Definition § 13(n)(7), 105 Stat. 278.

For purposes of this chapter, ‘‘State’’ includes Before clause (1), the word ‘‘objects’’ is omitted as in-
the District of Columbia and the territories and cluded in ‘‘purposes’’.
possessions of the United States.
§ 240104. Membership
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1488.)
Eligibility for membership in the corporation
HISTORICAL AND REVISION NOTES and the rights and privileges of members are as
Revised provided in the constitution and bylaws of the
Source (U.S. Code) Source (Statutes at Large)
Section corporation.
240101 ......... 36:3113. Oct. 30, 1984, Pub. L. 98–584, (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1489.)
§ 14, 98 Stat. 3099.
HISTORICAL AND REVISION NOTES
The words ‘‘the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands’’ are Revised Source (U.S. Code) Source (Statutes at Large)
omitted as included in ‘‘the territories and possessions Section
of the United States’’. 240104 ......... 36:3105. Oct. 30, 1984, Pub. L. 98–584,
§ 5, 98 Stat. 3097.
§ 240102. Organization
§ 240105. Governing body
(a) FEDERAL CHARTER.—Women’s Army Corps
Veterans’ Association (in this chapter, the ‘‘cor- (a) BOARD OF DIRECTORS.—The board of direc-
poration’’), a nonprofit corporation incorporated tors and the responsibilities of the board are as
in the District of Columbia, is a federally char- provided in the articles of incorporation.
tered corporation. (b) OFFICERS.—The officers and the election of
(b) EXPIRATION OF CHARTER.—If the corpora- officers are as provided in the articles of incor-
tion does not comply with any provision of this poration.
chapter, the charter granted by this chapter ex- (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1489.)
pires.
HISTORICAL AND REVISION NOTES
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1488.)
Revised
HISTORICAL AND REVISION NOTES Section Source (U.S. Code) Source (Statutes at Large)

Revised 240105(a) ..... 36:3106. Oct. 30, 1984, Pub. L. 98–584,


Section Source (U.S. Code) Source (Statutes at Large) §§ 6, 7, 98 Stat. 3097.
240105(b) ..... 36:3107.
240102(a) ..... 36:3101. Oct. 30, 1984, Pub. L. 98–584,
§§ 1, 15 (last sentence), 16, The words ‘‘and in conformity with the laws of the
98 Stat. 3097, 3099.
240102(b) ..... 36:3114 (last sen- States in which it is incorporated’’ in 36:3106 and ‘‘and
tence). shall be in conformity with the laws of the States in
36:3115. which it is incorporated’’ in 36:3107 are omitted as un-
necessary.
In subsection (a), the words ‘‘incorporated in’’ are
substituted for ‘‘organized under the laws of’’, and the § 240106. Powers
words ‘‘is a federally chartered corporation’’ are sub-
stituted for ‘‘is recognized as such and is granted a Fed- The corporation has only the powers provided
eral charter’’, for consistency in the revised title. in its bylaws and articles of incorporation filed
In subsection (b), the word ‘‘restrictions’’ is omitted in each State in which it is incorporated.
as included in ‘‘any provision’’.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1489.)
§ 240103. Purposes HISTORICAL AND REVISION NOTES
The purposes of the corporation are as pro- Revised Source (U.S. Code) Source (Statutes at Large)
vided in its articles of incorporation and include Section
a continuing commitment on a national basis— 240106 ......... 36:3102. Oct. 30, 1984, Pub. L. 98–584,
(1) to promote the general welfare of all vet- § 2, 98 Stat. 3097.
erans, especially women veterans, who have
The words ‘‘provided in’’ are substituted for ‘‘granted
served or are serving in the United States
to it through’’ for consistency in the revised title. The
Army, the Army Reserve, and the Army Na- words ‘‘and subject to the laws of such States’’ are
tional Guard; omitted as unnecessary.
(2) to recognize outstanding women in col-
lege ROTC units throughout the United § 240107. Restrictions
States; and (a) STOCK AND DIVIDENDS.—The corporation
(3) to provide services and support to pa- may not issue stock or declare or pay a divi-
tients in medical facilities of the Department dend.
of Veterans Affairs throughout the United (b) POLITICAL ACTIVITIES.—The corporation or
States. a director or officer as such may not contribute
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1488.) to, support, or otherwise participate in any po-
Page 281 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 240112
AND ORGANIZATIONS

litical activity or in any manner attempt to in- HISTORICAL AND REVISION NOTES
fluence legislation.
Revised
(c) DISTRIBUTION OF INCOME OR ASSETS.—The Section Source (U.S. Code) Source (Statutes at Large)
income or assets of the corporation may not
240109 ......... 36:3110. Oct. 30, 1984, Pub. L. 98–584,
inure to the benefit of, or be distributed to, a di- § 10, 98 Stat. 3098.
rector, officer, or member during the life of the
charter granted by this chapter. This subsection In this section, the word ‘‘records’’ is substituted for
does not prevent the payment of reasonable ‘‘books and records’’ for consistency in the revised title
compensation to an officer or reimbursement for and with other titles of the United States Code. The
words ‘‘Nothing in this section shall be construed to
actual necessary expenses in amounts approved
contravene any applicable State law’’ are omitted as
by the board of directors. unnecessary.
(d) LOANS.—The corporation may not make a In subsection (a)(3), the words ‘‘in any proceeding of
loan to a director, officer, or employee. the corporation’’ are omitted as unnecessary.
(e) CLAIM OF GOVERNMENTAL APPROVAL OR AU- In subsection (b), the words ‘‘in any corporation pro-
THORITY.—The corporation may not claim the ceeding’’ are omitted as unnecessary.
approval or the authority of the United States
Government for any of its activities. § 240110. Service of process
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1489.)
The corporation shall comply with the law on
HISTORICAL AND REVISION NOTES service of process of each State in which it is in-
corporated and each State in which it carries on
Revised Source (U.S. Code) Source (Statutes at Large) activities.
Section

240107(a) ..... 36:3108(d). Oct. 30, 1984, Pub. L. 98–584, (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1490.)
§ 8, 98 Stat. 3098.
240107(b) ..... 36:3108(c). HISTORICAL AND REVISION NOTES
240107(c) ..... 36:3108(a).
240107(d) ..... 36:3108(b). Revised
240107(e) ..... 36:3108(e). Section Source (U.S. Code) Source (Statutes at Large)

In subsection (a), the words ‘‘any shares of’’ are omit- 240110 ......... 36:3104. Oct. 30, 1984, Pub. L. 98–584,
§ 4, 98 Stat. 3097.
ted as unnecessary.
In subsection (b), the words ‘‘as such’’ are substituted
The words ‘‘in furtherance of its corporate purposes’’
for ‘‘thereof’’ for consistency in the revised title.
are omitted as unnecessary.
In subsection (c), the words ‘‘inure to the benefit of’’
are substituted for ‘‘inure’’ for consistency in the re-
vised title. The words ‘‘This subsection does not pre- § 240111. Liability for acts of officers and agents
vent’’ are substituted for ‘‘Nothing in this subsection
shall be construed to prevent’’ for consistency in the The corporation is liable for the acts of its of-
revised title and to eliminate unnecessary words. ficers or agents acting within the scope of their
authority.
§ 240108. Duty to maintain tax-exempt status (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1490.)
The corporation shall maintain its status as HISTORICAL AND REVISION NOTES
an organization exempt from taxation under the
Internal Revenue Code of 1986 (26 U.S.C. 1 et Revised Source (U.S. Code) Source (Statutes at Large)
Section
seq.).
240111 ......... 36:3109. Oct. 30, 1984, Pub. L. 98–584,
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1489.) § 9, 98 Stat. 3098.
HISTORICAL AND REVISION NOTES

Revised
Source (U.S. Code) Source (Statutes at Large)
§ 240112. Annual report
Section
The corporation shall submit an annual report
240108 ......... 36:3114 (1st sen- Oct. 30, 1984, Pub. L. 98–584,
tence). § 15 (1st sentence), 98 Stat. to Congress on the activities of the corporation
3099. during the prior fiscal year. The report shall be
submitted at the same time as the report of the
§ 240109. Records and inspection audit required by section 10101 of this title. The
report may not be printed as a public document.
(a) RECORDS.—The corporation shall keep—
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1490.)
(1) correct and complete records of account;
(2) minutes of the proceedings of its mem- HISTORICAL AND REVISION NOTES
bers, board of directors, and committees hav-
Revised
ing any of the authority of its board of direc- Section Source (U.S. Code) Source (Statutes at Large)
tors; and
240112 ......... 36:3111. Oct. 30, 1984, Pub. L. 98–584,
(3) at its principal office, a record of the § 12, 98 Stat. 3099.
names and addresses of its members entitled
to vote.
TERMINATION OF REPORTING REQUIREMENTS
(b) INSPECTION.—A member entitled to vote, or
an agent or attorney of the member, may in- For termination, effective May 15, 2000, of reporting
spect the records of the corporation for any provisions in this section, see section 3003 of Pub. L.
104–66, as amended, set out as a note under section 1113
proper purpose, at any reasonable time.
of Title 31, Money and Finance, and page 208 of House
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1489.) Document No. 103–7.
§ 300101 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 282
AND ORGANIZATIONS

CHAPTER 2501—[RESERVED] otherwise hold itself out, as the ‘American Red Cross’
in any jurisdiction.’’
CHAPTER 2601—[RESERVED] FINDINGS; SENSE OF CONGRESS
CHAPTER 2701—[RESERVED] Pub. L. 110–26, § 2, May 11, 2007, 121 Stat. 103, provided
that:
‘‘(a) FINDINGS.—Congress makes the following find-
Subtitle III—Treaty Obligation ings:
Organizations ‘‘(1) Substantive changes to the Congressional
Charter of The American National Red Cross have
Chapter Sec. not been made since 1947.
3001. The American National Red Cross 300101 ‘‘(2) In February 2006, the board of governors of The
American National Red Cross (the ‘Board of Gov-
CHAPTER 3001—THE AMERICAN NATIONAL ernors’) commissioned an independent review and
RED CROSS analysis of the Board of Governors’ role, composition,
size, relationship with management, governance rela-
Sec. tionship with chartered units of The American Na-
300101. Organization. tional Red Cross, and whistle blower and audit func-
300102. Purposes. tions.
300103. Membership and chapters. ‘‘(3) In an October 2006 report of the Board of Gov-
300104. Board of governors. ernors, entitled ‘American Red Cross Governance for
300105. Powers. the 21st Century’ (the ‘Governance Report’), the
300106. Emblem, badge, and brassard. Board of Governors recommended changes to the Con-
300107. Annual meeting. gressional Charter, bylaws, and other governing docu-
300108. Buildings. ments of The American National Red Cross to mod-
300109. Endowment fund. ernize and enhance the effectiveness of the Board of
300110. Annual report and audit. Governors and governance structure of The American
300111. Authority of the Comptroller General of the National Red Cross.
United States. ‘‘(4) It is in the national interest to create a more
300112. Office of the Ombudsman. efficient governance structure of The American Na-
300113. Reservation of right to amend or repeal. tional Red Cross and to enhance the Board of Gov-
ernors’ ability to support the critical mission of The
AMENDMENTS American National Red Cross in the 21st century.
2007—Pub. L. 110–26, § 11(b), May 11, 2007, 121 Stat. 110, ‘‘(5) It is in the national interest to clarify the role
added items 300111 to 300113 and struck out former item of the Board of Governors as a governance and strate-
300111 ‘‘Reservation of right to amend or repeal’’. gic oversight board and for The American National
Red Cross to amend its bylaws, consistent with the
§ 300101. Organization recommendations described in the Governance Re-
port, to clarify the role of the Board of Governors and
(a) FEDERAL CHARTER.—The American Na- to outline the areas of its responsibility, including—
tional Red Cross (in this chapter, the ‘‘corpora- ‘‘(A) reviewing and approving the mission state-
tion’’) is a Federally chartered instrumentality ment for The American National Red Cross;
‘‘(B) approving and overseeing the corporation’s
of the United States and a body corporate and strategic plan and maintaining strategic oversight
politic in the District of Columbia. of operational matters;
(b) NAME.—The name of the corporation is ‘‘(C) selecting, evaluating, and determining the
‘‘The American National Red Cross’’. The cor- level of compensation of the corporation’s chief ex-
poration may conduct its business and affairs, ecutive officer;
and otherwise hold itself out, as the ‘‘American ‘‘(D) evaluating the performance and establishing
Red Cross’’ in any jurisdiction. the compensation of the senior leadership team and
providing for management succession;
(c) PERPETUAL EXISTENCE.—Except as other- ‘‘(E) overseeing the financial reporting and audit
wise provided, the corporation has perpetual ex- process, internal controls, and legal compliance;
istence. ‘‘(F) holding management accountable for per-
formance;
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1490; Pub. ‘‘(G) providing oversight of the financial stability
L. 110–26, § 3, May 11, 2007, 121 Stat. 105.) of the corporation;
HISTORICAL AND REVISION NOTES ‘‘(H) ensuring the inclusiveness and diversity of
the corporation;
Revised ‘‘(I) ensuring the chapters of the corporation are
Source (U.S. Code) Source (Statutes at Large)
Section geographically and regionally diverse;
‘‘(J) providing oversight of the protection of the
300101 ......... 36:1. Jan. 5, 1905, ch. 23, § 1, 33
Stat. 599. brand of the corporation; and
36:1a. May 8, 1947, ch. 50, § 8, 61 ‘‘(K) assisting with fundraising on behalf of the
Stat. 83. corporation.
36:2 (1st sentence Jan. 5, 1905, ch. 23, § 2 (1st ‘‘(6)(A) The selection of members of the Board of
words before 2d sentence words before 2d
comma). comma), 33 Stat. 600; May Governors is a critical component of effective govern-
8, 1947, ch. 50, § 3, 61 Stat. ance for The American National Red Cross, and, as
81. such, it is in the national interest that The American
National Red Cross amend its bylaws to provide a
This section is substituted for the source provisions method of selection consistent with that described in
to eliminate unnecessary and obsolete language. the Governance Report.
AMENDMENTS ‘‘(B) The new method of selection should replace
the current process by which—
2007—Subsec. (a). Pub. L. 110–26, § 3(1), inserted ‘‘a ‘‘(i) 30 chartered unit-elected members of the
Federally chartered instrumentality of the United Board of Governors are selected by a non-Board
States and’’ before ‘‘a body corporate and politic’’. committee which includes 2 members of the Board
Subsec. (b). Pub. L. 110–26, § 3(2), inserted at end ‘‘The of Governors and other individuals elected by the
corporation may conduct its business and affairs, and chartered units themselves;
Page 283 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 300103
AND ORGANIZATIONS

‘‘(ii) 12 at-large members of the Board of Gov- § 300102. Purposes


ernors are nominated by a Board committee and
elected by the Board of Governors; and The purposes of the corporation are—
‘‘(iii) 8 members of the Board of Governors are ap- (1) to provide volunteer aid in time of war to
pointed by the President of the United States. the sick and wounded of the Armed Forces, in
‘‘(C) The new method of selection described in the accordance with the spirit and conditions of—
Governance Report reflects the single category of (A) the conference of Geneva of October
members of the Board of Governors that will result 1863;
from the implementation of this Act [see Short Title (B) the treaties of the Red Cross, or the
of 2007 Amendment note set out under section 101 of
this title]:
treaties of Geneva, August 22, 1864, July 27,
‘‘(i) All Board members (except for the chairman 1929, and August 12, 1949, to which the United
of the Board of Governors) would be nominated by States of America has given its adhesion;
a single committee of the Board of Governors tak- and
ing into account the criteria outlined in the Gov- (C) any other treaty, convention, or proto-
ernance Report to assure the expertise, skills, and col similar in purpose to which the United
experience of a governing board. States of America has given or may give its
‘‘(ii) The nominated members would be considered
adhesion;
for approval by the full Board of Governors and
then submitted to The American National Red (2) in carrying out the purposes described in
Cross annual meeting of delegates for election, in paragraph (1) of this section, to perform all
keeping with the standard corporate practice the duties devolved on a national society by
whereby shareholders of a corporation elect mem- each nation that has acceded to any of those
bers of a board of directors at its annual meeting.
‘‘(7) The United States Supreme Court held The
treaties, conventions, or protocols;
American National Red Cross to be an instrumental- (3) to act in matters of voluntary relief and
ity of the United States, and it is in the national in- in accordance with the military authorities as
terest that the Congressional Charter confirm that a medium of communication between the peo-
status and that any changes to the Congressional ple of the United States and the Armed Forces
Charter do not affect the rights and obligations of of the United States and to act in those mat-
The American National Red Cross to carry out its ters between similar national societies of gov-
purposes. ernments of other countries through the Inter-
‘‘(8) Given the role of The American National Red
Cross in carrying out its services, programs, and ac-
national Committee of the Red Cross and the
tivities, and meeting its various obligations, the ef- Government, the people, and the Armed
fectiveness of The American National Red Cross will Forces of the United States;
be promoted by the creation of an organizational om- (4) to carry out a system of national and
budsman who— international relief in time of peace, and to
‘‘(A) will be a neutral or impartial dispute resolu- apply that system in mitigating the suffering
tion practitioner whose major function will be to caused by pestilence, famine, fire, floods, and
provide confidential and informal assistance to the other great national calamities, and to devise
many internal and external stakeholders of The
American National Red Cross;
and carry out measures for preventing those
‘‘(B) will report to the chief executive officer and calamities; and
the audit committee of the Board of Governors; and (5) to conduct other activities consistent
‘‘(C) will have access to anyone and any docu- with the foregoing purposes.
ments in The American National Red Cross.
‘‘(b) SENSE OF CONGRESS.—It is the sense of Congress (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1490; Pub.
that— L. 110–26, § 4, May 11, 2007, 121 Stat. 105.)
‘‘(1) charitable organizations are an indispensable
HISTORICAL AND REVISION NOTES
part of American society, but these organizations can
only fulfill their important roles by maintaining the Revised
trust of the American public; Section Source (U.S. Code) Source (Statutes at Large)
‘‘(2) trust is fostered by effective governance and
300102 ......... 36:3. Jan. 5, 1905, ch. 23, § 3, 33
transparency, which are the principal goals of the Stat. 600; May 8, 1947, ch.
recommendations of the Board of Governors in the 50, § 4, 61 Stat. 81; July 17,
Governance Report and this Act; 1953, ch. 222, § 4(a), (b), 67
‘‘(3) Federal and State action play an important Stat. 179.
role in ensuring effective governance and trans-
parency by setting standards, rooting out violations, In this section, the text of 36:3 (‘‘Third’’ par.) is omit-
and informing the public; ted as executed.
In clause (1)(B), the date ‘‘August 12, 1949’’ is added to
‘‘(4) while The American National Red Cross is and
include the reference to a subsequent treaty.
will remain a Federally chartered instrumentality of
In clause (2), the words ‘‘in carrying out the purposes
the United States, and it has the rights and obliga-
described in clause (1) of this section’’ are substituted
tions consistent with that status, The American Na-
for ‘‘And for said purposes’’ for clarity.
tional Red Cross nevertheless should maintain appro- In clause (3), the words ‘‘International Committee of
priate communications with State regulators of char- the Red Cross’’ are substituted for ‘‘Comité Inter-
itable organizations and should cooperate with them national de Secours’’ because the name has been
as appropriate in specific matters as they arise from changed.
time to time; and In clause (4), the word ‘‘continue’’ is omitted as in-
‘‘(5) while The American National Red Cross is and cluded in ‘‘carry out’’.
will remain a Federally chartered instrumentality of
the United States, and it has the rights and obliga- AMENDMENTS
tions consistent with that status, The American Na- 2007—Par. (5). Pub. L. 110–26 added par. (5).
tional Red Cross nevertheless should maintain appro-
priate communications and collaborations with local, § 300103. Membership and chapters
community, and faith-based non-profit organizations,
including those organizations that work within mi- (a) MEMBERSHIP.—Membership in the corpora-
nority communities.’’ tion is open to all the people of the United
§ 300104 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 284
AND ORGANIZATIONS

States and its territories and possessions, on (B) as of March 31, 2012, and thereafter,
payment of an amount specified, or as otherwise there shall be no fewer than 12 and no more
provided, in the bylaws. than 20 members constituting the entire
(b) CHAPTERS.—(1) The chapters of the cor- board.
poration are the local units of the corporation.
Procedures to implement the preceding sen-
The corporation shall prescribe policies and reg-
tence shall be provided in the bylaws.
ulations related to— (3) APPOINTMENT.—The governors shall be
(A) granting charters to the chapters and re-
appointed or elected in the following manner:
voking those charters;
(A) CHAIRMAN.—
(B) the territorial jurisdiction of the chap-
(i) IN GENERAL.—The board of governors,
ters;
(C) the relationship of the chapters to the in accordance with procedures provided in
corporation; and the bylaws, shall recommend to the Presi-
(D) compliance by the chapters with the dent an individual to serve as chairman of
policies and regulations of the corporation. the board of governors. If such recom-
mendation is approved by the President,
(2) The policies and regulations shall require the President shall appoint such individual
that each chapter adhere to the democratic to serve as chairman of the board of gov-
principles of election specified in the bylaws in ernors.
electing the governing body of the chapter and (ii) VACANCIES.—Vacancies in the office
selecting delegates to the annual meeting of the of the chairman, including vacancies re-
corporation. sulting from the resignation, death, or re-
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1491; Pub. moval by the President of the chairman,
L. 110–26, § 5, May 11, 2007, 121 Stat. 106.) shall be filled in the same manner de-
scribed in clause (i).
HISTORICAL AND REVISION NOTES (iii) DUTIES.—The chairman shall be a
Revised
member of the board of governors and,
Section Source (U.S. Code) Source (Statutes at Large) when present, shall preside at meetings of
300103(a) ..... 36:4a (1st par.). Jan. 5, 1905, ch. 23, § 4a, as
the board of governors and shall have such
added May 8, 1947, ch. 50, other duties and responsibilities as may be
§ 5, 61 Stat. 81. provided in the bylaws or a resolution of
300103(b) ..... 36:4a (last par.).
the board of governors.
In subsection (a), the word ‘‘possessions’’ is sub- (B) OTHER MEMBERS.—
stituted for ‘‘dependencies’’ for clarity and consistency
(i) IN GENERAL.—Members of the board of
in the revised title. The words ‘‘from time to time’’ are
omitted as unnecessary. governors other than the chairman shall
In subsection (b)(1), before clause (A), the words be elected at the annual meeting of the
‘‘within the States and Territories of the United corporation in accordance with such proce-
States’’ are omitted as unnecessary. The words ‘‘The dures as may be provided in the bylaws.
board of governors shall prescribe regulations related (ii) VACANCIES.—Vacancies in any such
to’’ are substituted for ‘‘The regulations with respect elected board position and in any newly
to . . . shall be as determined from time to time by the created board position may be filled by a
Board of Governors’’ for consistency in the revised
title. In clause (D), the word ‘‘regulations’’ is sub-
vote of the remaining members of the
stituted for ‘‘rules’’ for clarity and consistency in the board of governors in accordance with such
revised title and with other titles of the United States procedures as may be provided in the by-
Code. laws.
AMENDMENTS (b) TERMS OF OFFICE.—
2007—Subsec. (a). Pub. L. 110–26, § 5(1), inserted ‘‘, or (1) IN GENERAL.—The term of office of each
as otherwise provided,’’ before ‘‘in the bylaws’’. member of the board of governors shall be 3
Subsec. (b)(1). Pub. L. 110–26, § 5(2), in introductory years, except that—
provisions, substituted ‘‘corporation shall’’ for ‘‘board (A) the board of governors may provide
of governors shall’’ and inserted ‘‘policies and’’ before under the bylaws that the terms of office of
‘‘regulations related’’. members of the board of governors elected to
Subsec. (b)(2). Pub. L. 110–26, § 5(3), inserted ‘‘policies
the board of governors before March 31, 2012,
and’’ before ‘‘regulations shall require’’ and substituted
‘‘annual meeting’’ for ‘‘national convention’’. may be less than 3 years in order to imple-
ment the provisions of subparagraphs (A)
§ 300104. Board of governors and (B) of subsection (a)(2); and
(B) any member of the board of governors
(a) BOARD OF GOVERNORS.—
elected by the board to fill a vacancy in a
(1) IN GENERAL.—The board of governors is
board position arising before the expiration
the governing body of the corporation with all
of its term may, as determined by the board,
powers of governing and directing, and of over-
serve for the remainder of that term or until
seeing the management of the business and af-
the next annual meeting of the corporation.
fairs of, the corporation.
(2) NUMBER.—The board of governors shall (2) STAGGERED TERMS.—The terms of office of
fix by resolution, from time to time, the num- members of the board of governors (other than
ber of members constituting the entire board the chairman) shall be staggered such that, by
of governors, provided that— March 31, 2012, and thereafter, 1⁄3 of the entire
(A) as of March 31, 2009, and thereafter, board (or as near to 1⁄3 as practicable) shall be
there shall be no fewer than 12 and no more elected at each successive annual meeting of
than 25 members; and the corporation with the term of office of each
Page 285 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 300104
AND ORGANIZATIONS

member of the board of governors elected at (2) EXCEPTION.—The board may allow the
an annual meeting expiring at the third an- election of governors by proxy during any
nual meeting following the annual meeting at emergency.
which such member was elected. (g) BYLAWS.—
(3) TERM LIMITS.—No person may serve as a (1) IN GENERAL.—The board of governors
member of the board of governors for more may—
than such number of terms of office or years (A) at any time adopt bylaws; and
as may be provided in the bylaws. (B) at any time adopt bylaws to be effec-
(c) COMMITTEES AND OFFICERS.—The board— tive only in an emergency.
(1) may appoint, from its own members, an (2) EMERGENCY BYLAWS.—Any bylaws adopt-
executive committee to exercise such powers ed pursuant to paragraph (1)(B) may provide
of the board when the board is not in session special procedures necessary for managing the
as may be provided in the bylaws; corporation during the emergency. All provi-
(2) may appoint such other committees or sions of the regular bylaws consistent with the
advisory councils with such powers as may be emergency bylaws remain effective during the
provided in the bylaws or a resolution of the emergency.
board of governors;
(3) shall appoint such officers of the corpora- (h) DEFINITIONS.—For purposes of this sec-
tion, including a chief executive officer, with tion—
such duties, responsibilities, and terms of of- (1) the term ‘‘entire board’’ means the total
fice as may be provided in the bylaws or a res- number of members of the board of governors
olution of the board of governors; and that the corporation would have if there were
(4) may remove members of the board of gov- no vacancies; and
ernors (other than the chairman), officers, and (2) the term ‘‘emergency’’ shall have such
employees under such procedures as may be meaning as may be provided in the bylaws.
provided in the bylaws or a resolution of the (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1491; Pub.
board of governors. L. 110–26, § 6, May 11, 2007, 121 Stat. 106.)
(d) ADVISORY COUNCIL.—
HISTORICAL AND REVISION NOTES
(1) ESTABLISHMENT.—There shall be an advi-
sory council to the board of governors. Revised
Source (U.S. Code) Source (Statutes at Large)
(2) MEMBERSHIP; APPOINTMENT BY PRESI- Section
DENT.— 300104(a) ..... 36:5 (matter before Jan. 5, 1905, ch. 23, § 5 (mat-
(A) IN GENERAL.—The advisory council (a)), (a), (b), (c) ter before (a)), (a), (b), (c)
(1st, 3d pars.). (1st–5th pars., last par.),
shall be composed of no fewer than 8 and no 33 Stat. 601; Dec. 10, 1912,
more than 10 members, each of whom shall ch. 1, § 1, 37 Stat. 647; Mar.
3, 1921, ch. 131, § 1, 41 Stat.
be appointed by the President from principal 1354; May 8, 1947, ch. 50,
officers of the executive departments and § 6, 61 Stat. 82, 83.
300104(b) ..... 36:5(c) (2d, 4th
senior officers of the Armed Forces whose pars.).
positions and interests qualify them to con- 300104(c) ..... 36:5(c) (5th par.).
300104(d) ..... 36:5(c) (last par.).
tribute to carrying out the programs and
purposes of the corporation. In subsection (a)(1), before clause (A), the word ‘‘di-
(B) MEMBERS FROM THE ARMED FORCES.—At rection’’ is omitted as included in ‘‘governing and man-
least 1, but not more than 3, of the members aging’’. In clause (A), the words ‘‘of the United States’’
of the advisory council shall be selected and ‘‘as may from time to time be’’ are omitted as un-
from the Armed Forces. necessary.
In subsection (a)(2), the words ‘‘One-third of the
(3) DUTIES.—The advisory council shall ad- members elected to the board shall be elected at each
vise, report directly to, and meet, at least 1 national convention, and take office at that time or as
time per year with the board of governors, and soon as practicable after the convention’’ are sub-
shall have such name, functions and be subject stituted for 36:5(c) (3d par.) to eliminate unnecessary
to such procedures as may be provided in the words.
In subsection (b)(1), the words ‘‘if, before the end of
bylaws.
the 3-year term, the governor retires from the official
(e) ACTION WITHOUT MEETING.—Any action re- position held at the time of appointment as a gov-
quired or permitted to be taken at any meeting ernor’’ are substituted for ‘‘if and when such Governor
of the board of governors or of any committee shall retire, prior to the date on which his term as Gov-
ernor would otherwise expire, from the official position
thereof may be taken without a meeting if all
held at the time of his appointment as Governor’’ for
members of the board or committee, as the case clarity and to eliminate unnecessary words.
may be, consent thereto in writing, or by elec- In subsection (b)(2), the words ‘‘as soon as prac-
tronic transmission and the writing or writings ticable’’ are substituted for ‘‘as soon as may be’’ for
or electronic transmission or transmissions are clarity. The words ‘‘that may occur by death, resigna-
filed with the minutes of proceedings of the tion, or otherwise’’ are omitted as unnecessary. The
board or committee. Such filing shall be in words ‘‘a vacancy occurring in an elected position on
paper form if the minutes are maintained in the board’’ are substituted for ‘‘Any vacancy that may
occur in the Governors elected by the chapters pursu-
paper form and shall be in electronic form if the
ant to subsection (b) of this section or in the Gov-
minutes are maintained in electronic form. ernors-at-large elected by the Board of Governors pur-
(f) VOTING BY PROXY.— suant to subsection (c) of this section’’ to eliminate un-
(1) IN GENERAL.—Voting by proxy is not al- necessary words. The words ‘‘An individual appointed
lowed at any meeting of the board, at the an- by the board to fill a vacancy serves’’ are substituted
nual meeting, or at any meeting of a chapter. for ‘‘such appointees to serve’’ for clarity.
§ 300105 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 286
AND ORGANIZATIONS

In subsection (c)(2), the words ‘‘of the corporation’’ § 300106. Emblem, badge, and brassard
are substituted for ‘‘designated by the President of the
United States’’ for consistency in the revised section. (a) EMBLEM AND BADGE.—In carrying out its
AMENDMENTS purposes under this chapter, the corporation
may have and use, as an emblem and badge, a
2007—Pub. L. 110–26 reenacted section catchline with- Greek red cross on a white ground, as described
out change and amended section generally. Prior to
amendment, section consisted of subsecs. (a) to (d) re-
in the treaties of Geneva, August 22, 1864, July
lating to the board of governors, its terms of office and 27, 1929, and August 12, 1949, and adopted by the
filling of vacancies, the executive committee, and vot- nations acceding to those treaties.
ing by proxy. (b) DELIVERY OF BRASSARD.—In accordance
with those treaties, the delivery of the brassard
§ 300105. Powers allowed for individuals neutralized in time of
(a) GENERAL.—The corporation may— war shall be left to military authority.
(1) adopt policies and regulations;
(2) adopt, alter, and destroy a seal; (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1492.)
(3) own and dispose of property to carry out HISTORICAL AND REVISION NOTES
the purposes of the corporation;
(4) accept gifts, devises, and bequests of Revised Source (U.S. Code) Source (Statutes at Large)
Section
property to carry out the purposes of the cor-
poration; 300106(a) ..... 36:2 (1st sentence Jan. 5, 1905, ch. 23, § 2 (1st
(5) sue and be sued in courts of law and eq- words between 3d sentence words between 3d
and 4th semi- and 4th semicolons, last
uity, State or Federal, within the jurisdiction colons). sentence), 33 Stat. 600;
of the United States; and May 8, 1947, ch. 50, § 3, 61
Stat. 81.
(6) do any other act necessary to carry out 300106(b) ..... 36:2 (last sentence).
this chapter and promote the purposes of the
corporation. In subsection (a), the words ‘‘under this chapter’’ are
substituted for ‘‘hereinafter designated’’ for clarity.
(b) DESIGNATION.—The corporation is des- The date ‘‘August 12, 1949’’ is added to include the ref-
ignated as the organization authorized to act in erence to a subsequent treaty.
matters of relief under the treaties of Geneva,
August 22, 1864, July 27, 1929, and August 12, 1949.
§ 300107. Annual meeting
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1492; Pub.
L. 110–26, § 7, May 11, 2007, 121 Stat. 108.) (a) IN GENERAL.—The annual meeting of the
corporation is the annual meeting of delegates
HISTORICAL AND REVISION NOTES
of the chapters.
Revised
Source (U.S. Code) Source (Statutes at Large) (b) TIME OF MEETING.—The annual meeting
Section
shall be held as determined by the board of gov-
300105 ......... 36:2 (1st sentence Jan. 5, 1905, ch. 23, § 2 (1st ernors.
words between 2d sentence words between 2d
comma and 3d comma and 3d semicolon (c) PLACE OF MEETING.—The board of gov-
semicolon and and after 4th semicolon), ernors is authorized to determine that the an-
after 4th semi- 33 Stat. 600; May 8, 1947,
colon). ch. 50, § 3, 61 Stat. 81. nual meeting shall not be held at any place, but
may instead be held solely by means of remote
In subsection (a)(1), the word ‘‘adopt’’ is substituted communication subject to such procedures as
for ‘‘ordain and establish’’ for consistency in the re- are provided in the bylaws.
vised title. The words ‘‘not inconsistent with the laws
(d) VOTING.—
of the United States of America or any State thereof’’
are omitted as unnecessary. (1) IN GENERAL.—In matters requiring a vote
In subsection (a)(2), the words ‘‘adopt, alter, and de- at the annual meeting, each chapter is enti-
stroy a seal’’ are substituted for ‘‘adopt a seal and the tled to at least 1 vote, and voting on all mat-
same to alter and destroy at pleasure’’ for consistency ters may be conducted by mail, telephone,
in the revised title and to eliminate unnecessary words. telegram, cablegram, electronic mail, or any
In subsection (a)(3), the words ‘‘own and dispose of
other means of electronic or telephone trans-
property’’ are substituted for ‘‘to have and to hold such
real and personal estate as shall be deemed advisable mission, provided that the person voting shall
and to dispose of the same’’ for consistency in the re- state, or submit information from which it
vised title and to eliminate unnecessary words. can be determined, that the method of voting
In subsection (a)(4), the word ‘‘property’’ is sub- chosen was authorized by such person.
stituted for ‘‘real and personal estate’’ for clarity and (2) ESTABLISHMENT OF NUMBER OF VOTES.—
consistency in the revised title.
In subsection (a)(6), the word ‘‘things’’ is omitted as (A) IN GENERAL.—The board of governors
included in ‘‘act’’. The words ‘‘carry out this chapter’’ shall determine on an equitable basis the
are substituted for ‘‘carry into effect the provisions of number of votes that each chapter is enti-
sections 1, 2 to 6, 8, and 9 of this title’’ for clarity and tled to cast, taking into consideration the
because under 36:1a the corporation existing under size of the membership of the chapters, the
those sections continued under the source provisions populations served by the chapters, and such
restated in the revised chapter. other factors as may be determined by the
In subsection (b), the words ‘‘treaties of Geneva, Au-
gust 22, 1864, July 27, 1929, and August 12, 1949’’ are sub- board.
stituted for ‘‘said treaties’’ for clarity and consistency (B) PERIODIC REVIEW.—The board of gov-
in the chapter. ernors shall review the allocation of votes at
AMENDMENTS
least every 5 years.
2007—Subsec. (a)(1). Pub. L. 110–26 substituted ‘‘poli- (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1493; Pub.
cies’’ for ‘‘bylaws’’. L. 110–26, § 8, May 11, 2007, 121 Stat. 108.)
Page 287 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 300108
AND ORGANIZATIONS

HISTORICAL AND REVISION NOTES source refer to the building, provided for by the Act of
October 22, 1913 (ch. 32 (par. under heading ‘‘Monument
Revised to Commemorate the Women of the Civil War’’), 38
Section Source (U.S. Code) Source (Statutes at Large)
Stat. 233), that was built as the permanent head-
300107 ......... 36:5(c) (6th par.). Jan. 5, 1905, ch. 23, § 5(c) (6th quarters of the American Red Cross, the predecessor or-
par.), 33 Stat. 601; Dec. 10, ganization to the corporation.
1912, ch. 1, § 1, 37 Stat. 647;
Mar. 3, 1921, ch. 131, § 1, 41 In subsection (a)(2), the words ‘‘That there is hereby
Stat. 1354; May 8, 1947, ch. authorized to be appropriated out of any money in the
50, § 6, 61 Stat. 83.) Treasury not otherwise appropriated the sum of $150,000
as a part contribution to the erection of . . . with
The words ‘‘The board shall determine on an equi- equipment’’ in section 1 of the Act June 7, 1924 (ch. 369,
table basis the number of votes’’ are substituted for 43 Stat. 665), are omitted as executed. The words ‘‘That
‘‘shall be determined according to allocation by the said memorial shall be a building monumental in de-
Board of Governors, which shall be established on an sign and character . . . and shall cost not less than
equitable basis’’ for clarity and to eliminate unneces- $300,000: Provided, That this expenditure shall include
sary words. The words ‘‘the populations served’’ are complete equipment’’ in section 2 of that Act are omit-
substituted for ‘‘the populations in the territories ted as executed. The words ‘‘The expenditures for said
served’’ for clarity and to eliminate unnecessary words. memorial building shall be made under the direction of
AMENDMENTS a commission consisting of the chairman of the Senate
Committee on the Library and the chairman of the
2007—Pub. L. 110–26 reenacted section catchline with- House Committee on the Library’’ in section 4 (last
out change and amended text generally. Prior to par.) of that Act are omitted as executed. The text of
amendment, text read as follows: ‘‘The annual meeting section 4 (1st par.) of that Act is omitted as executed.
of the corporation is the national convention of dele- The words ‘‘of America’’ are omitted as unnecessary.
gates of the chapters. The national convention shall be The words ‘‘its territories and possessions’’ are sub-
held annually on a date and at a place specified by the stituted for ‘‘its insular possessions’’ for clarity and
board of governors. In matters requiring a vote at the consistency in the revised title and with other titles of
national convention, each chapter is entitled to at the United States Code. The words ‘‘World War I’’ are
least one vote. The board shall determine on an equi- substituted for ‘‘the World War’’ for clarity.
table basis the number of votes that each chapter is en- In subsection (a)(3), the words ‘‘That authority be,
titled to cast, taking into consideration the size of the and is hereby, given to the American National Red
membership of the chapters and of the populations Cross to erect . . . in replacement of the temporary
served by the chapters. The board shall review the allo- building or buildings erected on such lot under Public
cation of votes at least every 5 years.’’ Resolution Numbered 3, Sixty–fifth Congress (S.J. Res.
61)’’ in section 1 of the Act of February 7, 1930 (ch. 42,
§ 300108. Buildings 46 Stat. 66) are omitted as executed.
(a) OWNERSHIP.—The United States Govern- In subsection (b), the words ‘‘Administrator of Gen-
ment shall retain ownership of the corporation’s eral Services’’ are substituted for ‘‘Superintendent of
Public Buildings and Grounds’’ in section 4 (last par.)
permanent headquarters, comprised of buildings
of the Act June 7, 1924 (ch. 369, 43 Stat. 666) and ‘‘Direc-
erected on square 172 in the District of Colum- tor of Public Buildings and Public Parks of the Na-
bia, including— tional Capital’’ in section 5 of the Act of February 7,
(1) the memorial building to commemorate 1930 (ch. 42, 46 Stat. 66) to reflect subsequent transfers
the service and sacrifice of the women of the of functions. The office of Public Buildings and
United States, North and South, during the Grounds under the Chief of Engineers was abolished
Civil War, erected for the use of the corpora- and the functions of the Chief of Engineers, United
tion; States Army, were transferred to the Director of Public
(2) the memorial building to commemorate Buildings and Public Parks of the National Capital by
section 3 of the Act of February 26, 1925 (ch. 339, 43
the service and sacrifice of the patriotic Stat. 983). The office of Public Buildings and Public
women of the United States, its territories and Parks of the National Capital was abolished and its
possessions, and the District of Columbia dur- functions transferred to the Office of National Parks,
ing World War I, erected for the use of the cor- Buildings and Reservations of the Department of the
poration; and Interior by section 2 of Executive Order No. 6166, effec-
(3) the permanent building erected for the tive June 10, 1933. The name of the latter office was
use of the corporation in connection with its changed to ‘‘National Park Service’’ by section 1 of the
work in cooperation with the Government. Act of March 2, 1934 (ch. 38, 48 Stat. 389). The functions
of the Director of the National Park Service related to
(b) MAINTENANCE AND EXPENSES.—Those build- public buildings were transferred to the Federal Works
ings shall remain under the supervision of the Administrator by section 303(b) of Reorganization Plan
Administrator of General Services. However, the No. I of 1939 (5 App. U.S.C.). The functions of the Fed-
corporation shall care for and maintain the eral Works Administrator were transferred to the Ad-
buildings without expense to the Government. ministrator of General Services by section 103(a) of the
Act of June 30, 1949 (ch. 288, 63 Stat. 380). The words
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1493.) ‘‘the corporation shall care for and maintain the build-
ings’’ are substituted for ‘‘the American National Red
HISTORICAL AND REVISION NOTES Cross shall at all times be charged with the responsibil-
ity, the care, keeping, and maintenance of said build-
Revised
Section Source (U.S. Code) Source (Statutes at Large) ing’’ in 36:13, and ‘‘the American Red Cross shall at all
times be charged with the responsibility, the care,
300108 ......... 36:13. Feb. 7, 1930, ch. 42, §§ 1, 5, 46 keeping, and maintenance of the said memorial build-
Stat. 66.
36:15. June 7, 1924, ch. 369, §§ 1, 2, 4, ing’’ in 36:15, for clarity and to eliminate unnecessary
43 Stat. 665, 666. words.

Subsection (a)(1) is substituted for ‘‘land occupied in PERMANENT BUILDING FOR DISTRICT OF COLUMBIA
part on June 7, 1924, by the Memorial to the Women of CHAPTER
the Civil War, the permanent headquarters of the Act July 1, 1947, ch. 195, 61 Stat. 241, as amended by
American Red Cross’’ in 36:15 because the words in the Pub. L. 100–637, § 1, Nov. 8, 1988, 102 Stat. 3325, provided:
§ 300109 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 288
AND ORGANIZATIONS

‘‘That authority be, and is hereby, given to the Amer- of Columbia Chapter, at such reasonable rates, not less
ican National Red Cross to erect upon the south half of than cost, as may be determined by the Federal Works
square 104 in the city of Washington, District of Colum- Administrator [now Administrator of General Serv-
bia, a permanent building for the use of the District of ices]: Provided, That the Federal Works Administrator,
Columbia Chapter, American National Red Cross, in through the Public Buildings Administration [both now
connection with its work, in cooperation with the Gov- under the Administrator of General Services], is au-
ernment of the United States and its responsibilities thorized to prepare plans and specifications and to su-
under its charter granted by the Congress of the United pervise and to contract for the work necessary to con-
States. nect said building with the Government mains and to
‘‘SEC. 2. That the plans of the proposed building shall pay the cost of such work and services, including ad-
first be approved by the American National Red Cross, ministrative expenses, from the funds consolidated into
the Commission of Fine Arts and the National Capital the Treasury pursuant to section 5 thereof.
Park and Planning Commission and the erection and ‘‘SEC. 10. The enactment of this joint resolution shall
design thereof shall be under the supervision of the Ad- not be construed as establishing a policy of the United
ministrator of the Federal Works Agency [now the Ad- States Government to furnish building sites for Red
ministrator of General Services] in accordance with the Cross chapters or any eleemosynary institution at any
provisions of the Public Buildings Act of May 25, 1926, other place.
as amended [enacting sections 341, 342, 343 to 345a, 346, ‘‘SEC. 11. (a) Notwithstanding any other provision of
and 347 of former Title 40, Public Buildings, Property, law, the Administrator of the General Services Admin-
and Works] and as hereby further amended. istration shall enter into a lease of the real property
‘‘SEC. 3. That the cost of the removal of the buildings described in the first section of this Act with the Amer-
on this site shall be borne by the American National ican National Red Cross, District of Columbia Chapter.
Red Cross, District of Columbia Chapter, without ex- Such lease shall provide that such property shall be
pense to the United States. used as an office, medical and scientific facility by such
‘‘SEC. 4. That said permanent building shall remain Red Cross Chapter and the tenants of such Chapter on
the property of the United States but under the super- such terms and conditions as shall be customary and
vision of the Administrator of the Federal Works Agen- necessary, including that—
cy [now the Administrator of General Services] and the ‘‘(1) the lease shall be triple net to the United
American National Red Cross, District of Columbia States and such Red Cross Chapter shall pay all
Chapter, shall, at all times be charged with the respon- taxes, insurance, and operating costs, and a rent of
sibility, care, keeping, and maintenance of said build- $1.00 for the term of the lease;
ing without expense to the United States. ‘‘(2) the lease term shall be for 99 years, and all im-
‘‘SEC. 5. That moneys of the American National Red provements on such property shall revert to the own-
Cross, District of Columbia Chapter, available for the ership of the United States at the conclusion of the
construction of the aforesaid building, including any term;
amount administratively determined necessary for the ‘‘(3) such Red Cross Chapter may (at the expense of
payment of salaries and expenses of personnel engaged such Chapter) demolish the improvements on such
upon the preparation of plans and specifications, field property or any improvements constructed on such
supervision, and general office expenses, may be trans- property after the date of enactment of this section
ferred to and expended by the Public Buildings Admin- [Nov. 8, 1988], build, own, operate, and maintain new
istration of the Federal Works Agency [now the Admin- improvements, enter into leases, finance improve-
istrator of General Services], and such funds may be ments (and mortgage any improvements and the
consolidated in the books of the Treasury Department leasehold estate), and in all manner deal with the
into a special account for direct expenditure in the property subject only to the condition that the own-
prosecution of said work, and the Commissioner of Pub- ership interest of the United States in the land shall
lic Buildings is authorized to prepare drawings and not be adversely affected;
specifications for this building prior to the approval by ‘‘(4) any space not needed for the operations of such
the Attorney General of the title to such acquisition. Red Cross Chapter or the American National Red
‘‘SEC. 6. That said building shall be appropriate in de- Cross in any building or improvement constructed on
sign and character and shall be used by the American such property shall be first made available for use by
National Red Cross, District of Columbia Chapter, and Federal agencies at rental rates and other related ex-
shall cost not less than $1,000,000: Provided, That this penses that are less than fair market value and re-
expenditure shall include complete equipment. flect the value of the property provided to such Red
‘‘SEC. 7. That the person, firm, or corporation which Cross Chapter under the provisions of this Act;
the Commissioner of Public Buildings shall select to ‘‘(5) the United States shall cooperate with such
furnish professional architectural and engineering serv- Red Cross Chapter with respect to any zoning or
ices required for the project shall be chosen from nomi- other matters relating to the development or im-
nations made by the American National Red Cross, Dis- provement of such property; and
trict of Columbia Chapter. ‘‘(6) the plans of any proposed building or improve-
‘‘SEC. 8. That the National Capital Housing Authority ment for construction after the date of the enact-
is hereby authorized and directed to transfer to the ju- ment of this section shall first be approved by the
risdiction of the Federal Works Administrator [now the American National Red Cross, the Commission of
Administrator of General Services] such part of the site Fine Arts, and the National Capital Planning Com-
for said building as is now under the jurisdiction of said mission.
Authority: Provided, That the Treasurer of the United ‘‘(b) The enactment of this section may not be con-
States is authorized and directed to credit said Author- strued as establishing a policy of the United States
ity with the fair market value, at the date of transfer, Government to furnish building sites for Red Cross
of the property so transferred: Provided further, That chapters or any eleemosynary institution at any other
the Federal Works Administrator [now the Adminis- place.’’
trator of General Services] is hereby authorized to uti-
§ 300109. Endowment fund
lize the property so transferred, as well as that part of
the site already under his jurisdiction, for the purposes The endowment fund of the corporation shall
of this Act. be kept and invested under the management and
‘‘SEC. 9. That the Federal Works Administrator,
control of a board of trustees elected by the
through the Public Buildings Administration [both now
under the Administrator of General Services], is hereby board of governors. The corporation shall pre-
authorized to furnish steam from the central heating scribe policies and regulations on terms and ten-
plant for the heating of said building, such steam to be ure of office, accountability, and expenses of the
paid for by the American National Red Cross, District board of trustees.
Page 289 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, § 300113
AND ORGANIZATIONS

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1493; Pub. tivities of the corporation during the fiscal year ending
L. 110–26, § 9, May 11, 2007, 121 Stat. 109.) June 30, including a complete, itemized report of all re-
ceipts and expenditures.’’
HISTORICAL AND REVISION NOTES
§ 300111. Authority of the Comptroller General of
Revised
Source (U.S. Code) Source (Statutes at Large) the United States
Section

300109 ......... 36:9. Jan. 5, 1905, ch. 23, § 8, as


The Comptroller General of the United States
added June 23, 1910, ch. is authorized to review the corporation’s in-
372, § 2, 36 Stat. 604; May 8, volvement in any Federal program or activity
1947, ch. 50, § 7, 61 Stat. 83.
the Government carries out under law.
The words ‘‘from time to time’’ are omitted [as] un- (Added Pub. L. 110–26, § 11(a), May 11, 2007, 121
necessary. Stat. 109.)
AMENDMENTS PRIOR PROVISIONS
2007—Pub. L. 110–26 struck out ‘‘nine’’ before ‘‘trust- A prior section 300111 was renumbered section 300113
ees elected’’ in first sentence and substituted ‘‘The cor- of this title.
poration shall prescribe policies and regulations on
terms and tenure of office, accountability, and ex- § 300112. Office of the Ombudsman
penses of the board of trustees.’’ for ‘‘The board of gov-
ernors shall prescribe regulations on terms and tenure (a) ESTABLISHMENT.—The corporation shall es-
of office, accountability, and expenses of the board of tablish an Office of the Ombudsman with such
trustees.’’ duties and responsibilities as may be provided in
the bylaws or a resolution of the board of gov-
§ 300110. Annual report and audit ernors.
(b) REPORT.—
(a) SUBMISSION OF REPORT.—As soon as prac- (1) IN GENERAL.—The Office of the Ombuds-
ticable after the end of the corporation’s fiscal man shall submit annually to the appropriate
year, which may be changed from time to time Congressional committees a report concerning
by the board of governors, the corporation shall any trends and systemic matters that the Of-
submit a report to the Secretary of Defense on fice of the Ombudsman has identified as con-
the activities of the corporation during such fis- fronting the corporation.
cal year, including a complete, itemized report (2) APPROPRIATE CONGRESSIONAL COMMIT-
of all receipts and expenditures. TEES.—For purposes of paragraph (1), the ap-
(b) AUDITING OF REPORT AND SUBMISSION TO propriate Congressional committees are the
CONGRESS.—The Secretary shall audit the report following committees of Congress:
and submit a copy of the audited report to Con- (A) SENATE COMMITTEES.—The appropriate
gress. Congressional committees of the Senate
(c) PAYMENT OF AUDIT EXPENSES.—The cor- are—
poration shall reimburse the Secretary each (i) the Committee on Finance;
year for auditing its accounts. The amount paid (ii) the Committee on Foreign Relations;
shall be deposited in the Treasury of the United (iii) the Committee on Health, Edu-
States as a miscellaneous receipt. cation, Labor, and Pensions;
(iv) the Committee on Homeland Secu-
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1493; Pub.
rity and Governmental Affairs; and
L. 110–26, § 10, May 11, 2007, 121 Stat. 109.)
(v) the Committee on the Judiciary.
HISTORICAL AND REVISION NOTES (B) HOUSE COMMITTEES.—The appropriate
Revised Congressional committees of the House of
Source (U.S. Code) Source (Statutes at Large)
Section Representatives are—
300110(a)–(c) 36:6. Jan. 5, 1905, ch. 23, § 6, 33
(i) the Committee on Energy and Com-
Stat. 602; Feb. 27, 1917, ch. merce;
137, 39 Stat. 946; July 17, (ii) the Committee on Foreign Affairs;
1953, ch. 222, § 4(c), 67 Stat.
179. (iii) the Committee on Homeland Secu-
36:7. May 29, 1920, ch. 214, § 1 (1st rity;
complete par. on p. 659), 41
Stat. 659; July 17, 1953, ch. (iv) the Committee on the Judiciary; and
222, § 5, 67 Stat. 179. (v) the Committee on Ways and Means.
In subsection (a), the words ‘‘make and’’, ‘‘next pre- (Added Pub. L. 110–26, § 11(a), May 11, 2007, 121
ceding’’, and ‘‘full’’ are omitted as unnecessary. The Stat. 110.)
word ‘‘activities’’ is substituted for ‘‘proceedings’’ for
consistency in the revised title. The words ‘‘all receipts § 300113. Reservation of right to amend or repeal
and expenditures’’ are substituted for ‘‘receipts and ex- Congress reserves the right to amend or repeal
penditures of whatever kind’’ to eliminate unnecessary the provisions of this chapter.
words.
In subsections (b) and (c), the word ‘‘Secretary’’ is (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1494,
substituted for ‘‘Department of Defense’’ for consist- § 300111; renumbered § 300113, Pub. L. 110–26,
ency. § 11(a), May 11, 2007, 121 Stat. 109.)
AMENDMENTS HISTORICAL AND REVISION NOTES
2007—Subsec. (a). Pub. L. 110–26 reenacted heading
Revised
without change and amended text generally. Prior to Section Source (U.S. Code) Source (Statutes at Large)
amendment, text read as follows: ‘‘As soon as prac-
ticable after July 1 of each year, the corporation shall 300111 ......... 36:8 Jan. 5, 1905, ch. 23, § 7, 33
Stat. 602.
submit a report to the Secretary of Defense on the ac-
§ 300113 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, Page 290
AND ORGANIZATIONS

AMENDMENTS
2007—Pub. L. 110–26 renumbered section 300111 of this
title as this section.

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