[USC03] 36 USC Subtitle II, Part B: Organizations
Result 1 of 1
   
 
36 USC Subtitle II, Part B: Organizations
From Title 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONSSubtitle II—Patriotic and National Organizations

Part B—Organizations

National Foundation on Fitness, Sports, and Nutrition

Pub. L. 111–332, Dec. 22, 2010, 124 Stat. 3576, provided that:

"SECTION 1. SHORT TITLE.

"This Act may be cited as the 'National Foundation on Fitness, Sports, and Nutrition Establishment Act'.

"SEC. 2. ESTABLISHMENT AND PURPOSE OF FOUNDATION.

"(a) Establishment.—There is established the National Foundation on Fitness, Sports, and Nutrition (hereinafter in this Act referred to as the 'Foundation'). The Foundation is a charitable and nonprofit corporation and is not an agency or establishment of the United States.

"(b) Purposes.—The purposes of the Foundation are—

"(1) in conjunction with the Office of the President's Council on Fitness, Sports and Nutrition, to develop a list and description of programs, events and other activities which would further the purposes and functions outlined in Executive Order 13265 [42 U.S.C. 300u note], as amended, and with respect to which combined private and governmental efforts would be beneficial;

"(2) to encourage and promote the participation by private organizations in the activities referred to in subsection (b)(1) and to encourage and promote private gifts of money and other property to support those activities; and

"(3) in consultation with such Office, to undertake and support activities to further the purposes and functions of such Executive Order.

"(c) Prohibition on Federal Funding.—The Foundation may not accept any Federal funds.

"SEC. 3. BOARD OF DIRECTORS OF THE FOUNDATION.

"(a) Establishment and Membership.—The Foundation shall have a governing Board of Directors (hereinafter referred to in this Act as the 'Board'), which shall consist of 9 members each of whom shall be a United States citizen and—

"(1) 3 of whom should be knowledgeable or experienced in one or more fields directly connected with physical fitness, sports, nutrition, or the relationship between health status and physical exercise; and

"(2) 6 of whom should be leaders in the private sector with a strong interest in physical fitness, sports, nutrition, or the relationship between health status and physical exercise.

The membership of the Board, to the extent practicable, should represent diverse professional specialties relating to the achievement of physical fitness through regular participation in programs of exercise, sports, and similar activities, or to nutrition. The Assistant Secretary for Health, the Executive Director of the President's Council on Fitness, Sports and Nutrition, the Director for the National Center for Chronic Disease Prevention and Health Promotion, the Director of the National Heart, Lung, and Blood Institute, and the Director for the Centers for Disease Control and Prevention shall be ex officio, nonvoting members of the Board. Appointment to the Board or its staff shall not constitute employment by, or the holding of an office of, the United States for the purposes of laws relating to Federal employment.

"(b) Appointments.—Within 90 days from the date of enactment of this Act [Dec. 22, 2010], the members of the Board shall be appointed by the Secretary [probably means the Secretary of Health and Human Services] in accordance with this subsection. In selecting individuals for appointments to the Board, the Secretary should consult with—

"(1) the Speaker of the House of Representatives concerning the appointment of one member;

"(2) the Majority Leader of the House of Representatives concerning the appointment of one member;

"(3) the Majority Leader of the Senate concerning the appointment of one member;

"(4) the President Pro Tempore concerning the appointment of one member;

"(5) the Minority Leader of the House of Representatives concerning the appointment of one member; and

"(6) the Minority Leader of the Senate concerning the appointment of one member.

"(c) Terms.—The members of the Board shall serve for a term of 6 years, except that the original members of the Board shall be appointed for staggered terms as determined appropriate by the Secretary. A vacancy on the Board shall be filled within 60 days of the vacancy in the same manner in which the original appointment was made and shall be for the balance of the term of the individual who was replaced. No individual may serve more than 2 consecutive terms as a member.

"(d) Chairman.—The Chairman shall be elected by the Board from its members for a 2-year term and shall not be limited in terms or service, other than as provided in subsection (c).

"(e) Quorum.—A majority of the current membership of the Board shall constitute a quorum for the transaction of business.

"(f) Meetings.—The Board shall meet at the call of the Chairman at least once a year. If a member misses 3 consecutive regularly scheduled meetings, that member may be removed from the Board and the vacancy filled in accordance with subsection (c).

"(g) Reimbursement of Expenses.—Members of the Board shall serve without pay, but may be reimbursed for the actual and necessary traveling and subsistence expenses incurred by them in the performance of the duties of the Foundation, subject to the same limitations on reimbursement that are imposed upon employees of Federal agencies.

"(h) Limitations.—The following limitations apply with respect to the appointment of employees of the Foundation:

"(1) Employees may not be appointed until the Foundation has sufficient funds to pay them for their service. No individual so appointed may receive a salary in excess of the annual rate of basic pay in effect for Executive Level V [5 U.S.C. 5316] in the Federal service. A member of the Board may not receive compensation for serving as an employee of the Foundation.

"(2) The first employee appointed by the Board shall be the Secretary of the Board who shall serve, at the direction of the Board, as its chief operating officer and shall be knowledgeable and experienced in matters relating to physical fitness, sports, and nutrition.

"(3) No Public Health Service employee nor the spouse or dependent relative of such an employee may serve as a member of the Board of Directors or as an employee of the Foundation.

"(4) Any individual who is an employee or member of the Board of the Foundation may not (in accordance with the policies developed under subsection (i)) personally or substantially participate in the consideration or determination by the Foundation of any matter that would directly or predictably affect any financial interest of—

"(A) the individual or a relative (as such term is defined in section 109(16) of the Ethics in Government Act, 1978 [5 U.S.C. App.]) of the individual; or

"(B) any business organization, or other entity, of which the individual is an officer or employee, is negotiating for employment, or in which the individual has any other financial interest.

"(i) General Powers.—The Board may complete the organization of the Foundation by—

"(1) appointing employees;

"(2) adopting a constitution and bylaws consistent with the purposes of the Foundation and the provision of this Act; and

"(3) undertaking such other acts as may be necessary to carry out the provisions of this Act.

In establishing bylaws under this subsection, the Board shall provide for policies with regard to financial conflicts of interest and ethical standards for the acceptance, solicitation and disposition of donations and grants to the Foundation.

"SEC. 4. POWERS AND DUTIES OF THE FOUNDATION.

"(a) In General.—The Foundation—

"(1) shall have perpetual succession;

"(2) may conduct business throughout the several States, territories, and possessions of the United States;

"(3) shall have its principal offices in or near the District of Columbia; and

"(4) shall at all times maintain a designated agent authorized to accept service of process for the Foundation.

The serving of notice to, or service of process upon, the agent required under paragraph (4), or mailed to the business address of such agent, shall be deemed as service upon or notice to the Foundation.

"(b) Seal.—The Foundation shall have an official seal selected by the Board which may be used as provided for in section 5.

"(c) Incorporation; Nonprofit Status.—To carry out the purposes of the Foundation under section 2, the Board shall—

"(1) incorporate the Foundation in the District of Columbia; and

"(2) establish such policies and bylaws as may be necessary to ensure that the Foundation maintains status as an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 [26 U.S.C. 501(c)(3)].

"(d) Powers.—Subject to the specific provisions of section 2, the Foundation, in consultation with the Office of the President's Council on Fitness, Sports, and Nutrition, shall have the power, directly or by the awarding of contracts or grants, to carry out or support activities for the purposes described in such section.

"(e) Treatment of Property.—For purposes of this Act, an interest in real property shall be treated as including easements or other rights for preservation, conservation, protection, or enhancement by and for the public of natural, scenic, historic, scientific, educational inspirational or recreational resources. A gift, devise, or bequest may be accepted by the Foundation even though it is encumbered, restricted, or subject to beneficial interests of private persons if any current or future interest therein is for the benefit of the Foundation.

"SEC. 5. PROTECTION AND USES OF TRADEMARKS AND TRADE NAMES.

"(a) Trademarks of the Foundation.—Authorization for a contributor, or a supplier of goods or services, to use, in advertising regarding the contribution, goods, or services, the trade name of the Foundation, or any trademark, seal, symbol, insignia, or emblem of the Foundation may be provided only by the Foundation with the concurrence of the Secretary or the Secretary's designee.

"(b) Trademarks of the Council.—Authorization for a contributor or supplier described in subsection (a) to use, in such advertising, the trade name of the President's Council on Fitness, Sports, and Nutrition, or any trademark, seal, symbol, insignia, or emblem of such Council, may be provided—

"(1) by the Secretary or the Secretary's designee; or

"(2) by the Foundation with the concurrence of the Secretary or the Secretary's designee.

"SEC. 6. AUDIT, REPORT REQUIREMENTS, AND PETITION OF ATTORNEY GENERAL FOR EQUITABLE RELIEF.

"(a) Audits.—For purposes of the Act entitled 'An Act for audit of accounts of private corporations established under Federal law', approved August 30, 1964 (Public Law 88–504, [former] 36 U.S.C. 1101–1103 [see 36 U.S.C. 10101]), the Foundation shall be treated as a private corporation under Federal law. The Inspector General of the Department of Health and Human Services and the Comptroller General of the United States shall have access to the financial and other records of the Foundation, upon reasonable notice.

"(b) Report.—The Foundation shall, not later than 60 days after the end of each fiscal year, transmit to the Secretary and to Congress a report of its proceedings and activities during such year, including a full and complete statement of its receipts, expenditures, and investments.

"(c) Relief With Respect to Certain Foundation Acts or Failure To Act.—If the Foundation—

"(1) engages in, or threatens to engage in, any act, practice or policy that is inconsistent with its purposes set forth in section 2(b); or

"(2) refuses, fails, or neglects to discharge its obligations under this Act, or threaten[s] to do so;

the Attorney General of the United States may petition in the United States District Court for the District of Columbia for such equitable relief as may be necessary or appropriate."

CHAPTER 201—AGRICULTURAL HALL OF FAME

Sec.
20101.
Organization.
20102.
Purposes.
20103.
Membership.
20104.
Governing body.
20105.
Powers.
20106.
Restrictions.
20107.
Principal office.
20108.
Records and inspection.
20109.
Service of process.
20110.
Liability for acts of officers and agents.
20111.
Use of assets on dissolution or final liquidation.

        

§20101. Organization

(a) Federal Charter.—Agricultural Hall of Fame (in this chapter, the "corporation") is a federally chartered corporation.

(b) Perpetual Existence.—Except as otherwise provided, the corporation has perpetual existence.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1284.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20101(a) 36:971. Aug. 31, 1960, Pub. L. 86–680, §§1, 2, 4(1), 16, 74 Stat. 572, 574, 577.
  36:972.  
20101(b) 36:974(1).  
  36:986.  

This section is substituted for the source provisions for consistency in the revised title and to eliminate executed and unnecessary words.

§20102. Purposes

The purposes of the corporation are—

(1) to receive and maintain one or more funds and to use any part of the principal or interest only for charitable, scientific, literary, or educational purposes either directly or by contributing to organizations authorized to carry on similar activities;

(2) to honor farmers, farm women, farm leaders, teachers, scientists, inventors, governmental leaders, and other individuals who have helped make this Nation great by their outstanding contributions to the establishment, development, advancement, or improvement of agriculture in the United States;

(3) to perpetuate the memory of those individuals and record their contributions and achievements by the erection and maintenance of buildings and monuments as may be appropriate as a lasting memorial;

(4) to promote a greater sense of appreciation of the dignity and importance of agriculture, historically carried out through owner-operated farms, and the part it has played in developing those social, economic, and spiritual values which are essential in maintaining the free and democratic institutions of our Republic;

(5) to establish and maintain a library and museum for the collection and preservation for posterity of agricultural tools, implements, machines, vehicles, pictures, paintings, books, papers, documents, data, relics, mementos, artifacts, and other items relating to agriculture;

(6) to cooperate with other organizations interested in similar projects; and

(7) to engage in other activities appropriate to carry out its purposes.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1284.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20102 36:973(A) (1st sentence words before proviso, last sentence), (B)–(G). Aug. 31, 1960, Pub. L. 86–680, §3(A) (1st sentence words before proviso, last sentence), (B)–(G), 74 Stat. 573.

In clause (1), the words "and apply the whole or", "therefrom", "thereof", and "duly" and 36:973(A) (1st sentence) are omitted as unnecessary. The text of 36:973(A) (last sentence) is omitted as unnecessary.

In clause (2), the words "of America" are omitted as unnecessary.

In clause (3), the words "those individuals" are substituted for "such persons" for clarity. The word "edifices" is omitted as included in "buildings". The word "deemed" is omitted as unnecessary.

In clause (4), the word "promote" is substituted for "foster, promote, and encourage" to eliminate redundant words.

In clause (7), the words "other activities appropriate to carry out its purposes" are substituted for "any and all activities incidental thereto or necessary, suitable, or proper for the accomplishment of any of the aforementioned purposes" for consistency in the revised title and to eliminate unnecessary words.

§20103. Membership

(a) Eligibility.—Except as provided in this chapter, eligibility for membership in the corporation and the rights, privileges, and designation of classes of members are as provided in the bylaws.

(b) Voting.—Each member given voting rights by the bylaws has one vote on each matter submitted to a vote at a meeting of the voting members. The vote may be cast in the manner provided in the bylaws.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1284.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20103 36:976. Aug. 31, 1960, Pub. L. 86–680, §6, 74 Stat. 575.

In subsection (a), the words "are as provided in the bylaws" are substituted for "shall . . . be determined as the bylaws of the corporation may provide" to eliminate unnecessary words.

In subsection (b), the words "the right to" are omitted as unnecessary.

§20104. Governing body

(a) Board of Governors.—(1) The board of governors is the governing body of the corporation. Between meetings of the members of the corporation, the board is responsible for the general policies and program of the corporation and for the control of all funds of the corporation.

(2) The number of governors, their manner of selection (including the filling of vacancies), and their term of office are as provided in the bylaws. However, the board shall have at least 15 members.

(3) The board may appoint committees. Each committee has the powers provided in the bylaws or by resolution of the board. The powers of a committee may include all the powers of the board.

(b) Officers.—(1) The officers of the corporation are a president, one or more one vice presidents as provided in the bylaws, a secretary, a treasurer, one or more assistant secretaries and assistant treasurers, and other officers as provided in the bylaws.

(2) The manner of election, term of office, and duties of the officers are as provided in the bylaws.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1284.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20104(a) 36:977. Aug. 31, 1960, Pub. L. 86–680, §§7, 8, 74 Stat. 575.
20104(b) 36:978.  

In subsection (a), the text of 36:977(a) is omitted as executed and obsolete. In paragraph (3), the words "and exercise" are omitted as unnecessary.

§20105. Powers

The corporation may—

(1) adopt and amend bylaws for the management of its property and the regulation of its affairs;

(2) adopt and alter a corporate seal;

(3) choose officers, managers, agents, and employees as the activities of the corporation require;

(4) make contracts;

(5) acquire, own, lease, encumber, and transfer property as necessary or convenient to carry out the purposes of the corporation;

(6) borrow money, issue instruments of indebtedness, and secure its obligations by granting security interests in its property; and

(7) sue and be sued.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1285.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20105 36:974(2)–(9). Aug. 31, 1960, Pub. L. 86–680, §§4(2)–(9), 17, 74 Stat. 574, 577.
  36:987.  

In this section, the text of 36:987 is omitted as executed and obsolete.

In clause (1), the words "and alter" are omitted as unnecessary.

In clause (2), the word "use" is omitted as unnecessary.

In clause (4), the words "make contracts" are substituted for "contract and be contracted with" to eliminate unnecessary words.

Clause (5) is substituted for "take by lease, gift, purchase, grant, devise, or bequest from any private corporation, association, partnership, firm, or individual and to hold any property, real, personal, or mixed, necessary or convenient for attaining the objects and carrying into effect the purposes of the corporation" in 36:974(7) and "transfer, convey, lease, sublease, encumber and otherwise alienate real, personal or mixed property" in 36:974(8) for consistency in the revised title and to eliminate unnecessary words. The words "subject, however, to applicable provisions of law of any State (A) governing the amount or kind of property which may be held by, or (B) otherwise limiting or controlling the ownership of property by, a corporation operating in such State" in 36:974(7) are omitted as unnecessary.

In clause (6), the words "issue instruments of indebtedness, and secure its obligations by granting security interests in its property" are substituted for "issue bonds therefor, and secure the same by mortgage, deed of trust, pledge or otherwise" for consistency in the revised title and to eliminate unnecessary words. The words "for the purposes of the corporation" and "subject in every case to all applicable provisions of Federal and State laws" are omitted as unnecessary.

In clause (7), the words "complain and defend in any court of competent jurisdiction" are omitted as unnecessary.

§20106. Restrictions

(a) Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend.

(b) Political Activities.—The corporation or a governor, officer, employee, or member as such may not contribute to, support, or assist a political party or candidate for public office.

(c) Distribution of Income or Assets.—The income or assets of the corporation may not inure to the benefit of, or be distributed to, a governor, officer, or member as such during the life of the corporation or on its dissolution or final liquidation. This subsection does not prevent the payment of compensation to an officer or employee in an amount approved by the board of governors.

(d) Loans.—The corporation may not make a loan or advance to a governor, officer, employee, or member. Governors who vote for or assent to making a loan or advance to a governor, officer, employee, or member, and officers who participate in making the loan or advance, are jointly and severally liable to the corporation for the amount of the loan or advance until it is repaid.

(e) Contributions to Certain Organizations.—None of the principal or interest of a fund referred to in section 20102(1) of this title may be contributed to an organization if—

(1) a substantial part of its activities is carrying on propaganda or attempting to influence legislation; or

(2) any part of its net earnings benefits a private shareholder or individual.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1285.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20106(a) 36:982. Aug. 31, 1960, Pub. L. 86–680, §§3(A) (1st sentence proviso), 9, 10, 12, 74 Stat. 573, 575, 576.
20106(b) 36:980.  
20106(c) 36:979(a).  
20106(d) 36:979(b).  
20106(e) 36:973(A) (proviso).  

In subsection (a), the words "any shares of" are omitted as unnecessary.

In subsection (d), the words "or advance" are added in 2 places for consistency in the subsection.

§20107. Principal office

The principal office of the corporation shall be in Kansas City, Kansas, or another place decided by the board of governors. However, the activities of the corporation are not confined to the place where the principal office is located but may be conducted throughout the States, territories, and possessions of the United States.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1285.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20107 36:975(a). Aug. 31, 1960, Pub. L. 86–680, §5(a), 74 Stat. 574.

The word "various" is omitted as unnecessary.

§20108. Records and inspection

(a) Records.—The corporation shall keep—

(1) correct and complete records of account;

(2) minutes of the proceedings of its members, board of governors, and committees having any of the authority of its board of governors; and

(3) at its principal office, a record of the names and addresses of its members entitled to vote.


(b) Inspection.—A member entitled to vote, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1286.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20108(a) 36:983 (1st sentence). Aug. 31, 1960, Pub. L. 86–680, §13, 74 Stat. 576.
20108(b) 36:983 (last sentence).  

The word "records" is substituted for "books and records" for consistency in the revised title and with other titles of the United States Code.

§20109. Service of process

The corporation shall have a designated agent in the District of Columbia to receive service of process for the corporation. Notice to or service on the agent is notice to or service on the corporation.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1286.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20109 36:975(b). Aug. 31, 1960, Pub. L. 86–680, §5(b), 74 Stat. 575.

§20110. Liability for acts of officers and agents

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

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1286.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20110 36:981. Aug. 31, 1960, Pub. L. 86–680, §11, 74 Stat. 576.

§20111. Use of assets on dissolution or final liquidation

On dissolution or final liquidation of the corporation, any assets of the corporation remaining after the discharge of all liabilities shall be distributed as provided by the board of governors, but in compliance with the charter and bylaws.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1286.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20111 36:985. Aug. 31, 1960, Pub. L. 86–680, §15, 74 Stat. 577.

The word "satisfaction" is omitted as included in "discharge", and the word "obligations" is omitted as included in "liabilities". The words "outstanding" and "all Federal and State laws applicable thereto" are omitted as unnecessary.

CHAPTER 202—AIR FORCE SERGEANTS ASSOCIATION

Sec.
20201.
Definition.
20202.
Organization.
20203.
Purposes.
20204.
Membership.
20205.
Governing body.
20206.
Powers.
20207.
Restrictions.
20208.
Duty to maintain corporate and tax-exempt status.
20209.
Records and inspection.
20210.
Service of process.
20211.
Liability for acts of officers and agents.
20212.
Annual report.

        

§20201. Definition

For purposes of this chapter, "State" includes the District of Columbia and the territories and possessions of the United States.

(Added Pub. L. 105–354, §1(4)(A), Nov. 3, 1998, 112 Stat. 3239.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20201 36 App.:5815. Nov. 18, 1997, Pub. L. 105–85, title XV, §1516, 111 Stat. 1966.

The words "the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands" are omitted as included in "the territories and possessions of the United States".

§20202. Organization

(a) Federal Charter.—Air Force Sergeants Association (in this chapter, the "corporation"), a nonprofit corporation incorporated in the District of Columbia, is a federally chartered corporation.

(b) Expiration of Charter.—If the corporation does not comply with any provision of this chapter, the charter granted by this chapter expires.

(Added Pub. L. 105–354, §1(4)(A), Nov. 3, 1998, 112 Stat. 3239.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20202(a) 36 App.:5801. Nov. 18, 1997, Pub. L. 105–85, title XV, §§1501, 1514 (related to termination of charter), 1515, 111 Stat. 1963, 1966.
20202(b) 36 App.:5813 (related to termination of charter).

36 App.:5814.

This section is substituted for the source provisions for consistency in the revised title and to eliminate unnecessary words.

§20203. Purposes

(a) General.—The purposes of the corporation are as provided in its bylaws and articles of incorporation and include—

(1) helping to maintain a highly dedicated and professional corps of enlisted personnel within the United States Air Force, including the United States Air Force Reserve, and the Air National Guard;

(2) supporting fair and equitable legislation and Department of the Air Force policies and influencing by lawful means departmental plans, programs, policies, and legislative proposals that affect enlisted personnel of the Regular Air Force, the Air Force Reserve, and the Air National Guard, its retirees, and other veterans of enlisted service in the Air Force;

(3) actively publicizing the roles of enlisted personnel in the United States Air Force;

(4) participating in civil and military activities, youth programs, and fundraising campaigns that benefit the United States Air Force;

(5) providing for the mutual welfare of members of the corporation and their families;

(6) assisting in recruiting for the United States Air Force;

(7) assembling together for social activities;

(8) maintaining an adequate Air Force for our beloved country;

(9) fostering among the members of the corporation a devotion to fellow airmen; and

(10) serving the United States and the United States Air Force loyally, and doing all else necessary to uphold and defend the Constitution of the United States.


(b) Corporate Function.—The corporation shall function as an educational, patriotic, civic, historical, and research organization under the laws of the District of Columbia.

(Added Pub. L. 105–354, §1(4)(A), Nov. 3, 1998, 112 Stat. 3240.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20203(a) 36 App.:5803. Nov. 18, 1997, Pub. L. 105–85, title XV, §§1503, 1508(f), 111 Stat. 1963, 1965.
20203(b) 36 App.:5808(f).  

§20204. Membership

(a) Eligibility.—Except as provided in this chapter, eligibility for membership in the corporation and the rights and privileges of members are as provided in the bylaws and articles of incorporation.

(b) Nondiscrimination.—The terms of membership may not discriminate on the basis of race, color, religion, sex, disability, age, or national origin.

(Added Pub. L. 105–354, §1(4)(A), Nov. 3, 1998, 112 Stat. 3240.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20204(a) 36 App.:5805. Nov. 18, 1997, Pub. L. 105–85, title XV, §§1505, 1508(g) (related to membership), 111 Stat. 1964, 1965.
20204(b) 36 App.:5808(g) (related to membership).  

In subsection (a), the words "Except as provided in this chapter" are substituted for "Except as provided in section 5808(g) of this title" for consistency in the revised title.

In subsection (b), the words "The terms of membership" are substituted for "In establishing the conditions of membership in the association" for consistency in the revised title and to eliminate unnecessary words. The word "disability" is substituted for "handicap" for consistency in the revised title.

§20205. Governing body

(a) Board of Directors.—The board of directors and the responsibilities of the board are as provided in the bylaws and articles of incorporation.

(b) Officers.—The officers and the election of officers are as provided in the bylaws and articles of incorporation.

(c) Nondiscrimination.—The requirements for serving as a director or officer may not discriminate on the basis of race, color, religion, sex, disability, age, or national origin.

(Added Pub. L. 105–354, §1(4)(A), Nov. 3, 1998, 112 Stat. 3240.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20205(a) 36 App.:5806. Nov. 18, 1997, Pub. L. 105–85, title XV, §§1506, 1507, 1508(g) (related to directors and officers), 111 Stat. 1964, 1965.
20205(b) 36 App.:5807.  
20205(c) 36 App.:5808(g) (related to directors and officers).  

In subsections (a) and (b), the words "Except as provided in section 5808(g) of this title" and "and in conformity with the laws of the District of Columbia" are omitted as unnecessary.

In subsection (c), the words "The requirements for serving as a director or officer" are substituted for "in determining the requirements for serving on the board of directors or as an officer of the association" for consistency in the revised title and to eliminate unnecessary words. The word "disability" is substituted for "handicap" for consistency in the revised title.

§20206. Powers

The corporation has only the powers provided in its bylaws and articles of incorporation filed in each State in which it is incorporated.

(Added Pub. L. 105–354, §1(4)(A), Nov. 3, 1998, 112 Stat. 3240.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20206 36 App.:5802. Nov. 18, 1997, Pub. L. 105–85, title XV, §1502, 111 Stat. 1963.

The words "each State in which it is incorporated" are substituted for "the District of Columbia" for consistency in the revised title. The words "and subject to the laws of the District of Columbia" are omitted as unnecessary.

§20207. Restrictions

(a) Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend.

(b) Distribution of Income or Assets.—The income or assets of the corporation may not inure to the benefit of, or be distributed to, a director, officer, or member during the life of the charter granted by this chapter. This subsection does not prevent the payment of reasonable compensation to an officer or employee or reimbursement for actual necessary expenses in amounts approved by the board of directors.

(c) Loans.—The corporation may not make a loan to a director, officer, employee, or member.

(d) Claim of Governmental Approval or Authority.—The corporation may not claim congressional approval or the authority of the United States Government for any of its activities.

(Added Pub. L. 105–354, §1(4)(A), Nov. 3, 1998, 112 Stat. 3241.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20207(a) 36 App.:5808(c). Nov. 18, 1997, Pub. L. 105–85, title XV, §1508(a)–(d), 111 Stat. 1964.
20207(b) 36 App.:5808(a).  
20207(c) 36 App.:5808(b).  
20207(d) 36 App.:5808(d).  

In subsection (a), the words "any shares of" are omitted as unnecessary.

In subsection (b), the words "This subsection does not" are substituted for "Nothing in this subsection may be construed to" for consistency in the revised title.

In subsection (d), the words "by virtue of this chapter" are omitted as unnecessary.

§20208. Duty to maintain corporate and tax-exempt status

(a) Corporate Status.—The corporation shall maintain its status as a corporation incorporated under the laws of the District of Columbia.

(b) Tax-Exempt Status.—The corporation shall maintain its status as an organization exempt from taxation under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.).

(Added Pub. L. 105–354, §1(4)(A), Nov. 3, 1998, 112 Stat. 3241.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20208(a) 36 App.:5808(e). Nov. 18, 1997, Pub. L. 105–85, title XV, §§1508(e), 1514 (related to duty to maintain status), 111 Stat. 1965, 1966.
20208(b) 36 App.:5813 (related to duty to maintain status).  

In subsection (a), the words "organized and" are omitted as unnecessary.

§20209. Records and inspection

(a) Records.—The corporation shall keep—

(1) correct and complete records of account;

(2) minutes of the proceedings of its members, board of directors, and committees having any of the authority of its board of directors; and

(3) at its principal office, a record of the names and addresses of its members entitled to vote.


(b) Inspection.—A member entitled to vote, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time.

(Added Pub. L. 105–354, §1(4)(A), Nov. 3, 1998, 112 Stat. 3241.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20209 36 App.:5810. Nov. 18, 1997, Pub. L. 105–85, title XV, §1510, 111 Stat. 1965.

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 "This section may not be construed to contravene any applicable State law" are omitted as unnecessary.

§20210. Service of process

The corporation shall comply with the law on service of process of each State in which it is incorporated and each State in which it carries on activities.

(Added Pub. L. 105–354, §1(4)(A), Nov. 3, 1998, 112 Stat. 3241.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20210 36 App.:5804. Nov. 18, 1997, Pub. L. 105–85, title XV, §1504, 111 Stat. 1964.

The words "each State in which it is incorporated" are substituted for "the District of Columbia" for consistency in the revised title. The words "in furtherance of its corporate purposes" are omitted as unnecessary.

§20211. Liability for acts of officers and agents

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

(Added Pub. L. 105–354, §1(4)(A), Nov. 3, 1998, 112 Stat. 3241.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20211 36 App.:5809. Nov. 18, 1997, Pub. L. 105–85, title XV, §1509, 111 Stat. 1965.

The words "officers and agents" are substituted for "officers, directors, employees, and agents" for consistency in the revised title and to eliminate unnecessary words.

§20212. Annual report

The corporation shall submit an annual report to Congress on the activities of the corporation during the prior fiscal year. The report shall be submitted at the same time as the report of the audit required by section 10101 of this title. The report may not be printed as a public document.

(Added Pub. L. 105–354, §1(4)(A), Nov. 3, 1998, 112 Stat. 3241.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20212 36 App.:5811. Nov. 18, 1997, Pub. L. 105–85, title XV, §1512, 111 Stat. 1965.

CHAPTER 203—AMERICAN ACADEMY OF ARTS AND LETTERS

Sec.
20301.
Organization.
20302.
Purpose.
20303.
Membership.
20304.
Powers.
20305.
Annual meeting.
20306.
Annual report.
20307.
Nonapplication of audit requirements.

        

§20301. Organization

(a) Federal Charter.—American Academy of Arts and Letters (in this chapter, the "corporation") is a federally chartered corporation.

(b) Place of Incorporation.—The corporation is declared to be incorporated in the District of Columbia.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1286.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20301 36:4201. Apr. 17, 1916, ch. 77, §1, 39 Stat. 51.

This section is substituted for the source provision for consistency in the revised title and to eliminate executed and unnecessary words.

§20302. Purpose

The purpose of the corporation is to further the interests of literature and the fine arts.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1286.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20302 36:4202. Apr. 17, 1916, ch. 77, §2, 39 Stat. 51.

The words "is to further" are substituted for "are and shall be the furtherance of" to eliminate unnecessary words.

§20303. Membership

The corporation may have not more than 50 regular members.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1286.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20303 36:4203 (words before 1st comma). Apr. 17, 1916, ch. 77, §3 (words before 1st comma), 39 Stat. 51.

The words "may have not more than" are substituted for "shall consist of not more than" for clarity and consistency.

§20304. Powers

The corporation may—

(1) adopt bylaws and regulations;

(2) fill vacancies;

(3) provide for the election of foreign, domestic, or honorary associate members, and the division of those members into classes;

(4) receive bequests and donations of property, hold the property in trust, and invest the property to carry out the purpose of the corporation; and

(5) do any other act necessary or usual for such a corporation.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1286.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20304 36:4203 (words after 1st comma). Apr. 17, 1916, ch. 77, §§3 (words after 1st comma), 5, 39 Stat. 51, 52.
  36:4205.  

In clause (1), the word "regulations" is substituted for "rules and regulations" to avoid redundancy.

In clause (2), the words "created by death, resignation, or otherwise" in 36:4203 are omitted as unnecessary.

In clause (4), the words "be, and the same is hereby, authorized and empowered to" in 36:4205 are omitted because of the word "may" restated before clause (1). The words "real and personal" and "and reinvest" are omitted as unnecessary. The words "to carry out the purpose of the corporation" are substituted for "for the purpose of furthering the interests of literature and the fine arts" for consistency.

§20305. Annual meeting

The corporation shall hold an annual meeting at a place in the United States as may be designated.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1287.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20305 36:4204 (related to meeting). Apr. 17, 1916, ch. 77, §4 (related to meeting), 39 Stat. 51.

§20306. Annual report

The corporation shall make an annual report to Congress, to be filed with the Librarian of Congress.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1287.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20306 36:4204 (related to report). Apr. 17, 1916, ch. 77, §4 (related to report), 39 Stat. 51.

Termination of Reporting Requirements

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 of Title 31, Money and Finance, and page 196 of House Document No. 103–7.

§20307. Nonapplication of audit requirements

The audit requirements of section 10101 of this title do not apply to the corporation.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1287.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20307 (no source).  

This section is added to except the American Academy of Arts and Letters from the application of section 10101 of the revised title, restating 36:1101–1103, which imposes audit requirements on certain federally chartered corporations. The Academy is not included in the list of corporations set out in 36:1101 to which the audit requirements apply.

CHAPTER 205—AMERICAN CHEMICAL SOCIETY

Sec.
20501.
Organization.
20502.
Purposes.
20503.
Powers.
20504.
Cooperation with the military.
20505.
Annual meeting.
20506.
Annual report.

        

§20501. Organization

American Chemical Society (in this chapter, the "corporation") is a federally chartered corporation.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1287.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20501 36:3201. Aug. 25, 1937, ch. 762, §§1, 7, 50 Stat. 798, 799.
  36:3207.  

This section is substituted for the source provision for consistency in the revised title and to eliminate executed and unnecessary words.

The text of 36:3207 is omitted as executed and obsolete.

§20502. Purposes

The purposes of the corporation are—

(1) to encourage in the broadest and most liberal manner the advancement of chemistry in all its branches;

(2) to promote research in chemical science and industry;

(3) to improve the qualifications and usefulness of chemists through high standards of professional ethics, education, and attainments;

(4) to increase and diffuse chemical knowledge; and

(5) by its meetings, professional contacts, reports, papers, discussions, and publications, to promote scientific interests and inquiry to foster public welfare and education, aid the development of our country's industries, and add to the material prosperity and happiness of our people.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1287.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20502 36:3202. Aug. 25, 1937, ch. 762, §2, 50 Stat. 798.

§20503. Powers

The corporation may—

(1) adopt a constitution, bylaws, and regulations;

(2) fill vacancies;

(3) provide for the election of members and the division of those members into classes;

(4) receive property, hold the property absolutely or in trust, invest and manage the property, and use the property and income arising from it to carry out the purposes of the corporation; and

(5) do any other act necessary and proper to carry out the purposes of the corporation.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1287.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20503 36:3203 (1st sentence). Aug. 25, 1937, ch. 762, §§3 (1st sentence), 5, 50 Stat. 799.
  36:3205.  

Before clause (1), the word "may" is substituted for "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 unnecessary words.

In clause (1), the word "adopt" is substituted for "make" for consistency in the revised title. The word "regulations" is substituted for "rules, and regulations" to avoid redundancy. The words "its own organization" are omitted as included in "constitution, bylaws, and regulations".

In clause (2), the words "created by death, resignation, or otherwise" are omitted as unnecessary.

In clause (4), the words "by devise, bequest, donation, or otherwise, either real or personal" and "reinvest" are omitted as unnecessary. The words "use . . . to carry out the purposes of the corporation" are substituted for "apply . . . to the objects of its creation" for clarity and consistency.

Clause (5) is substituted for "all other matters needful and useful to promote the objects of the society" for consistency in the revised title.

§20504. Cooperation with the military

(a) Investigations, Examinations, Experiments, and Reports.—When requested by the Secretary of the Army, Air Force, or Navy, the corporation shall investigate, examine, experiment, and report on any subject in pure or applied chemistry connected with the national defense.

(b) Payments.—The actual expense of those investigations, examinations, experiments, and reports shall be paid from amounts appropriated for those purposes, but the corporation may not receive compensation for any services performed for the United States Government.

(c) Title and License.—Title to inventions and discoveries made in the course of those investigations, examinations, and experiments that the appropriate Secretary believes involve the national defense vest in the Government. The Government shall have unlimited license under other inventions and discoveries made in the course of those investigations, examinations, and experiments.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1288.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20504 36:3204. Aug. 25, 1937, ch. 762, §4, 50 Stat. 799.

In subsection (a), the words "When requested by the Secretary of the Army, Air Force, or Navy, the corporation" are substituted for "The American Chemical Society shall, whenever called upon by the Army, Air Force, or Navy Department" because under 10:3013, 5013, and 8013 the Secretaries are the heads of the Departments. The Secretary of the Air Force is added because of section 207 of the National Security Act of 1947 (ch. 343, 61 Stat. 502).

In subsection (b), the words "shall be paid from amounts appropriated for those purposes" are substituted for "to be paid from appropriations which may have been made for that purpose by Congress" for clarity and to eliminate unnecessary words.

In subsection (c), the words "that the appropriate Secretary believes" are substituted for "that, in the opinion of the Secretary of the Navy, the Secretary of the Air Force, or the Secretary of the Army" to eliminate unnecessary words.

§20505. Annual meeting

The corporation shall hold an annual meeting at a place in the United States as may from time to time be designated.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1288.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20505 36:3203 (last sentence). Aug. 25, 1937, ch. 762, §3 (last sentence), 50 Stat. 799.

§20506. Annual report

Not later than December 1 of each year, the corporation shall submit a report to Congress on the activities of the corporation during the prior calendar year, including a complete statement of its receipts and expenditures. The report may not be printed as a public document.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1288.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20506 36:3208. Aug. 25, 1937, ch. 762, §8, 50 Stat. 800; Aug. 30, 1964, Pub. L. 88–504, §4(38), 78 Stat. 638.

The words "proceedings and" are omitted as unnecessary.

CHAPTER 207—AMERICAN COUNCIL OF LEARNED SOCIETIES

Sec.
20701.
Definition.
20702.
Organization.
20703.
Purposes.
20704.
Membership.
20705.
Governing body.
20706.
Powers.
20707.
Restrictions.
20708.
Duty to maintain tax-exempt status.
20709.
Records and inspection.
20710.
Service of process.
20711.
Liability for acts of officers and agents.
20712.
Annual report.

        

§20701. Definition

For purposes of this chapter, "State" includes the District of Columbia and the territories and possessions of the United States.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1288.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20701 36:1913. June 1, 1982, Pub. L. 97–192, §14, 96 Stat. 111.

The words "the Commonwealth of Puerto Rico" are omitted as included in "the territories and possessions of the United States".

§20702. Organization

American Council of Learned Societies (in this chapter, the "corporation"), a nonprofit corporation incorporated in the District of Columbia, is a federally chartered corporation.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1288.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20702 36:1901. June 1, 1982, Pub. L. 97–192, §1, 96 Stat. 109.

This section is substituted for the sources provision for consistency in the revised title and to eliminate executed and unnecessary words.

§20703. Purposes

The purposes of the corporation are as provided in the articles of incorporation and include—

(1) the advancement of the humanistic studies in all fields of learning; and

(2) the maintenance and strengthening of relations among the national societies devoted to those studies.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1289.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20703 36:1903. June 1, 1982, Pub. L. 97–192, §3, 96 Stat. 109.

The word "objects" is omitted as included in "purposes". The words "and the corporation shall function as authorized by the laws of the State or States where it is incorporated" are omitted as unnecessary.

§20704. Membership

Except as provided in this chapter, eligibility for membership in the corporation and the rights and privileges of members are as provided in the constitution and bylaws of the corporation.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1289.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20704 36:1905. June 1, 1982, Pub. L. 97–192, §5, 96 Stat. 109.

§20705. Governing body

(a) Board of Directors.—The board of directors and the responsibilities of the board are as provided in the articles of incorporation.

(b) Officers.—The officers and the election of officers are as provided in the articles of incorporation.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1289.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20705(a) 36:1906. June 1, 1982, Pub. L. 97–192, §§6, 7, 96 Stat. 109.
20705(b) 36:1907.  

The words "and in conformity with the laws of the State or States in which it is incorporated" in 36:1906 and "and in conformity with the laws of the State or States wherein it is incorporated" in 36:1907 are omitted as unnecessary.

§20706. Powers

The corporation has only the powers provided in its bylaws and articles of incorporation filed in each State in which it is incorporated.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1289.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20706 36:1902. June 1, 1982, Pub. L. 97–192, §2, 96 Stat. 109.

The words "(hereinafter referred to as the 'corporation')" and "and subject to the laws of such State or States" are omitted as unnecessary.

§20707. Restrictions

(a) Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend.

(b) Political Activities.—The corporation or a director or officer as such may not contribute to, support, or participate in any political activity or in any manner attempt to influence legislation.

(c) Distribution of Income or Assets.—The income or assets of the corporation may not inure to the benefit of, or be distributed to, a director, officer, or member during the life of the charter granted by this chapter. This subsection does not prevent the payment of reasonable compensation to an officer or reimbursement for actual necessary expenses in amounts approved by the board of directors.

(d) Loans.—The corporation may not make a loan to a director, officer, or employee.

(e) Claim of Governmental Approval or Authority.—The corporation may not claim congressional approval or the authority of the United States Government for any of its activities.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1289.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20707(a) 36:1908(d). June 1, 1982, Pub. L. 97–192, §8, 96 Stat. 110.
20707(b) 36:1908(c).  
20707(c) 36:1908(a).  
20707(d) 36:1908(b).  
20707(e) 36:1908(e).  

In subsection (a), the words "any shares of" are omitted as unnecessary.

In subsection (c), the words "inure to the benefit of" are substituted for "inure to" for consistency in the revised title.

§20708. Duty to maintain tax-exempt status

The corporation shall maintain its status as an organization exempt from taxation under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.). If the corporation does not maintain that status, the charter granted by this chapter expires.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1289.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20708 36:1914. June 1, 1982, Pub. L. 97–192, §15, 96 Stat. 111.

§20709. Records and inspection

(a) Records.—The corporation shall keep—

(1) correct and complete records of account;

(2) minutes of the proceedings of its members, board of directors, and committees having any of the authority of its board of directors; and

(3) at its principal office, a record of the names and addresses of its members entitled to vote.


(b) Inspection.—A member entitled to vote, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1289.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20709 36:1910. June 1, 1982, Pub. L. 97–192, §10, 96 Stat. 110.

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 "Nothing in this section shall be construed to contravene any applicable State law" are omitted as unnecessary.

§20710. Service of process

The corporation shall comply with the law on service of process of each State in which it is incorporated and each State in which it carries on activities.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1290.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20710 36:1904. June 1, 1982, Pub. L. 97–192, §4, 96 Stat. 109.

The words "in furtherance of its corporate purposes" are omitted as unnecessary.

§20711. Liability for acts of officers and agents

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

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1290.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20711 36:1909. June 1, 1982, Pub. L. 97–192, §9, 96 Stat. 110.

§20712. Annual report

The corporation shall submit an annual report to Congress on the activities of the corporation during the prior fiscal year. The report shall be submitted at the same time as the report of the audit required by section 10101 of this title. The report may not be printed as a public document.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1290.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20712 36:1911. June 1, 1982, Pub. L. 97–192, §12, 96 Stat. 111.

CHAPTER 209—AMERICAN EX-PRISONERS OF WAR

Sec.
20901.
Definition.
20902.
Organization.
20903.
Purposes.
20904.
Membership.
20905.
Governing body.
20906.
Powers.
20907.
Exclusive right to name and emblem.
20908.
Restrictions.
20909.
Duty to maintain corporate and tax-exempt status.
20910.
Records and inspection.
20911.
Service of process.
20912.
Liability for acts of officers and agents.
20913.
Annual report.

        

§20901. Definition

For purposes of this chapter, "State" includes the District of Columbia and the territories and possessions of the United States.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1290.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20901 36:2113. Aug. 10, 1982, Pub. L. 97–234, §14, 96 Stat. 263.

The words "the Commonwealth of Puerto Rico" are omitted as included in "the territories and possessions of the United States".

§20902. Organization

(a) Federal Charter.—American Ex-Prisoners of War (in this chapter, the "corporation"), a nonprofit corporation incorporated in the State of Washington, is a federally chartered corporation.

(b) Expiration of Charter.—If the corporation does not comply with any provision of this chapter, the charter granted by this chapter expires.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1290.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20902(a) 36:2101. Aug. 10, 1982, Pub. L. 97–234, §§1, 15 (last sentence), 17, 96 Stat. 261, 263, 264.
20902(b) 36:2114 (last sentence).

36:2116.

This section is substituted for the source provisions for consistency in the revised title and to eliminate executed and unnecessary words.

§20903. Purposes

The purposes of the corporation are as provided in the articles of incorporation and include—

(1) encouraging fraternity for the common good;

(2) fostering patriotism and loyalty;

(3) assisting widows and orphans of deceased ex-prisoners of war;

(4) assisting ex-prisoners of war who have been injured or disabled as a result of their service;

(5) maintaining allegiance to the United States;

(6) preserving and defending the United States from all enemies; and

(7) maintaining historical records.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1290.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20903 36:2103. Aug. 10, 1982, Pub. L. 97–234, §3, 96 Stat. 261.

Before clause (1), the words "objects and" are omitted as unnecessary.

In clause (5), the words "of America" are omitted for consistency.

§20904. Membership

Except as provided in this chapter, eligibility for membership in the corporation and the rights and privileges of members are as provided in the bylaws.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1291.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20904 36:2105. Aug. 10, 1982, Pub. L. 97–234, §5, 96 Stat. 262.

§20905. Governing body

(a) Board of Directors.—The board of directors and the responsibilities of the board are as provided in the articles of incorporation.

(b) Officers.—The officers and the election of officers are as provided in the articles of incorporation.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1291.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20905(a) 36:2106. Aug. 10, 1982, Pub. L. 97–234, §§6, 7, 96 Stat. 262.
20905(b) 36:2107.  

The words "and in conformity with the laws of the State or States in which it is incorporated" in 36:2106 and "and in conformity with the laws of the State or States wherein it is incorporated" in 36:2107 are omitted as unnecessary.

§20906. Powers

The corporation has only the powers provided in its bylaws and articles of incorporation filed in each State in which it is incorporated.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1291.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20906 36:2102. Aug. 10, 1982, Pub. L. 97–234, §2, 96 Stat. 261.

The words "and subject to the laws of such State or States" are omitted as unnecessary.

§20907. Exclusive right to name and emblem

The corporation has the exclusive right to use and to allow others to use the name "American Ex-Prisoners of War" and the official American Ex-Prisoners of War emblem or any colorable simulation of that emblem. This section does not affect any vested rights.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1291.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20907 36:2115. Aug. 10, 1982, Pub. L. 97–234, §16, 96 Stat. 263.

The words "This section does not affect any vested rights" are substituted for "No powers or privileges hereby granted shall, however, interfere or conflict with established or vested rights" for consistency in the revised title and to eliminate unnecessary words.

§20908. Restrictions

(a) Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend.

(b) Political Activities.—The corporation or a director or officer as such may not contribute to, support, or participate in any political activity or in any manner attempt to influence legislation.

(c) Distribution of Income or Assets.—The income or assets of the corporation may not inure to the benefit of, or be distributed to, a director, officer, or member during the life of the charter granted by this chapter. This subsection does not prevent the payment of reasonable compensation to an officer or reimbursement for actual necessary expenses in amounts approved by the board of directors.

(d) Loans.—The corporation may not make a loan to a director, officer, or employee.

(e) Claim of Governmental Approval or Authority.—The corporation may not claim congressional approval or the authority of the United States Government for any of its activities.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1291; Pub. L. 109–284, §5(5), Sept. 27, 2006, 120 Stat. 1212.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20908(a) 36:2108(d). Aug. 10, 1982, Pub. L. 97–234, §8(a)–(e), 96 Stat. 262.
20908(b) 36:2108(c).  
20908(c) 36:2108(a).  
20908(d) 36:2108(b).  
20908(e) 36:2108(e).  

In subsection (a), the words "any shares of" 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 and to eliminate unnecessary words.

In subsection (c), the words "inure to the benefit of" are substituted for "inure to" for consistency in the revised title.

Amendments

2006—Subsec. (c). Pub. L. 109–284 substituted "board of directors" for "board or directors".

§20909. Duty to maintain corporate and tax-exempt status

(a) Corporate Status.—The corporation shall maintain its status as a corporation incorporated under the laws of the State of Washington.

(b) Tax-Exempt Status.—The corporation shall maintain its status as an organization exempt from taxation under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.).

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1291.)

Historical and Revision Notes
Revised

Section

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

In subsection (a), the words "organized and" are omitted as unnecessary.

§20910. Records and inspection

(a) Records.—The Corporation shall keep—

(1) correct and complete records of account;

(2) minutes of the proceedings of its members, board of directors, and committees having any of the authority of its board of directors; and

(3) at its principal office, a record of the names and addresses of its members entitled to vote.


(b) Inspection.—A member entitled to vote, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1292.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20910 36:2110. Aug. 10, 1982, Pub. L. 97–234, §10, 96 Stat. 263.

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 "Nothing in this section shall be construed to contravene any applicable State law" are omitted as unnecessary.

§20911. Service of process

The corporation shall comply with the law on service of process of each State in which it is incorporated and each State in which it carries on activities.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1292.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20911 36:2104. Aug. 10, 1982, Pub. L. 97–234, §4, 96 Stat. 262.

The words "in furtherance of its corporate purposes" are omitted as unnecessary.

§20912. Liability for acts of officers and agents

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

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1292.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20912 36:2109. Aug. 10, 1982, Pub. L. 97–234, §9, 96 Stat. 263.

§20913. Annual report

The corporation shall submit an annual report to Congress on the activities of the corporation during the prior fiscal year. The report shall be submitted at the same time as the report of the audit required by section 10101 of this title. The report may not be printed as a public document.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1292.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20913 36:2111. Aug. 10, 1982, Pub. L. 97–234, §12, 96 Stat. 263.

Termination of Reporting Requirements

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 of Title 31, Money and Finance, and page 196 of House Document No. 103–7.

CHAPTER 210—AMERICAN GI FORUM OF THE UNITED STATES

Sec.
21001.
Definition.
21002.
Organization.
21003.
Purposes.
21004.
Membership.
21005.
Governing body.
21006.
Powers.
21007.
Restrictions.
21008.
Duty to maintain corporate and tax-exempt status.
21009.
Records and inspection.
21010.
Service of process.
21011.
Liability for acts of officers and agents.
21012.
Annual report.

        

§21001. Definition

For purposes of this chapter, "State" includes the District of Columbia and the territories and possessions of the United States.

(Added Pub. L. 105–354, §1(5)(A), Nov. 3, 1998, 112 Stat. 3242.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21001 36 App.:5915. Aug. 13, 1998, Pub. L. 105–231, §16, 112 Stat. 1532.

The words "the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands" are omitted as included in "the territories and possessions of the United States".

§21002. Organization

(a) Federal Charter.—American GI Forum of the United States (in this chapter, the "corporation"), a nonprofit corporation incorporated in Texas, is a federally chartered corporation.

(b) Expiration of Charter.—If the corporation does not comply with any provision of this chapter, the charter granted by this chapter expires.

(Added Pub. L. 105–354, §1(5)(A), Nov. 3, 1998, 112 Stat. 3242.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21002(a) 36 App.:5901. Aug. 13, 1998, Pub. L. 105–231, §§1, 14 (related to termination of charter), 15, 112 Stat. 1530, 1532.
21002(b) 36 App.:5913 (related to termination of charter).

36 App.:5914.

This section is substituted for the source provisions for consistency in the revised title and to eliminate unnecessary words.

§21003. Purposes

(a) General.—The purposes of the corporation are as provided in its bylaws and articles of incorporation and include—

(1) securing the blessing of American democracy at every level of local, State, and national life for all United States citizens;

(2) upholding and defending the Constitution and the United States flag;

(3) fostering and perpetuating the principles of American democracy based on religious and political freedom for the individual and equal opportunity for all;

(4) fostering and enlarging equal educational opportunities, equal economic opportunities, equal justice under the law, and equal political opportunities for all United States citizens, regardless of race, color, religion, sex, or national origin;

(5) encouraging greater participation of the ethnic minority represented by the corporation in the policy-making and administrative activities of all departments, agencies, and other governmental units of local and State governments and the United States Government;

(6) combating all practices of a prejudicial or discriminatory nature in local, State, or national life which curtail, hinder, or deny to any United States citizen an equal opportunity to develop full potential as an individual; and

(7) fostering and promoting the broader knowledge and appreciation by all United States citizens of their cultural heritage and language.


(b) Corporate Function.—The corporation shall function as an educational, patriotic, civic, historical, and research organization under the laws of Texas.

(Added Pub. L. 105–354, §1(5)(A), Nov. 3, 1998, 112 Stat. 3242.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21003(a) 36 App.:5903. Aug. 13, 1998, Pub. L. 105–231, §§3, 8(f), 112 Stat. 1530, 1531.
21003(b) 36 App.:5908(f).  

In clause (5), the words "United States Government" are substituted for "Federal Government" for consistency in the revised title.

§21004. Membership

(a) Eligibility.—Except as provided in this chapter, eligibility for membership in the corporation and the rights and privileges of members are as provided in the bylaws and articles of incorporation.

(b) Nondiscrimination.—The terms of membership may not discriminate on the basis of race, color, religion, sex, disability, age, or national origin.

(Added Pub. L. 105–354, §1(5)(A), Nov. 3, 1998, 112 Stat. 3243.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21004(a) 36 App.:5905. Aug. 13, 1998, Pub. L. 105–231, §§5, 8(g) (related to membership), 112 Stat. 1531.
21004(b) 36 App.:5908(g) (related to membership).  

In subsection (a), the words "Except as provided in this chapter" are substituted for "Except as provided in section 5908(g) of this title" for consistency in the revised title.

In subsection (b), the words "The terms of membership" are substituted for "In establishing the conditions of membership in the corporation" for consistency in the revised title and to eliminate unnecessary words.

§21005. Governing body

(a) Board of Directors.—The board of directors and the responsibilities of the board are as provided in the bylaws and articles of incorporation.

(b) Officers.—The officers and the election of officers are as provided in the bylaws and articles of incorporation.

(c) Nondiscrimination.—The requirements for serving as a director or officer may not discriminate on the basis of race, color, religion, sex, disability, age, or national origin.

(Added Pub. L. 105–354, §1(5)(A), Nov. 3, 1998, 112 Stat. 3243.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21005(a) 36 App.:5906. Aug. 13, 1998, Pub. L. 105–231, §§6, 7, 8(g) (related to directors and officers), 112 Stat. 1531.
21005(b) 36 App.:5907.  
21005(c) 36 App.:5908(g) (related to directors and officers).  

In subsections (a) and (b), the words "Except as provided in section 5908(g) of this title" and "and in conformity with the laws of the State of Texas" are omitted as unnecessary.

In subsection (c), the words "The requirements for serving as a director or officer" are substituted for "in determining the requirements for serving on the board of directors or as an officer of the association" for consistency in the revised title and to eliminate unnecessary words.

§21006. Powers

The corporation has only the powers provided in its bylaws and articles of incorporation filed in each State in which it is incorporated.

(Added Pub. L. 105–354, §1(5)(A), Nov. 3, 1998, 112 Stat. 3243.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21006 36 App.:5902. Aug. 13, 1998, Pub. L. 105–231, §2, 112 Stat. 1530.

The words "each State in which it is incorporated" are substituted for "the State of Texas" for consistency in the revised title. The words "and subject to the laws of the State of Texas" are omitted as unnecessary.

§21007. Restrictions

(a) Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend.

(b) Distribution of Income or Assets.—The income or assets of the corporation may not inure to the benefit of, or be distributed to, a director, officer, or member during the life of the charter granted by this chapter. This subsection does not prevent the payment of reasonable compensation to an officer or employee or reimbursement for actual necessary expenses in amounts approved by the board of directors.

(c) Loans.—The corporation may not make a loan to a director, officer, employee, or member.

(d) Claim of Governmental Approval or Authority.—The corporation may not claim congressional approval or the authority of the United States Government for any of its activities.

(Added Pub. L. 105–354, §1(5)(A), Nov. 3, 1998, 112 Stat. 3243.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21007(a) 36 App.:5908(c). Aug. 13, 1998, Pub. L. 105–231, §8(a)–(d), 112 Stat. 1531.
21007(b) 36 App.:5908(a).  
21007(c) 36 App.:5908(b).  
21007(d) 36 App.:5908(d).  

In subsection (a), the words "any shares of" are omitted as unnecessary.

In subsection (b), the words "This subsection does not" are substituted for "Nothing in this subsection may be construed to" for consistency in the revised title.

In subsection (d), the words "by virtue of this chapter" are omitted as unnecessary.

§21008. Duty to maintain corporate and tax-exempt status

(a) Corporate Status.—The corporation shall maintain its status as a corporation incorporated under the laws of Texas.

(b) Tax-Exempt Status.—The corporation shall maintain its status as an organization exempt from taxation under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.).

(Added Pub. L. 105–354, §1(5)(A), Nov. 3, 1998, 112 Stat. 3243.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21008(a) 36 App.:5908(e). Aug. 13, 1998, Pub. L. 105–231, §§8(e), 14 (related to duty to maintain status), 112 Stat. 1531, 1532.
21008(b) 36 App.:5913 (related to duty to maintain status).  

In subsection (a), the words "organized and" are omitted as unnecessary.

§21009. Records and inspection

(a) Records.—The corporation shall keep—

(1) correct and complete records of account;

(2) minutes of the proceedings of its members, board of directors, and committees having any of the authority of its board of directors; and

(3) at its principal office, a record of the names and addresses of its members entitled to vote.


(b) Inspection.—A member entitled to vote, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time.

(Added Pub. L. 105–354, §1(5)(A), Nov. 3, 1998, 112 Stat. 3243.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21009 36 App.:5910. Aug. 13, 1998, Pub. L. 105–231, §10, 112 Stat. 1532.

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 "This section may not be construed to contravene any applicable State law" are omitted as unnecessary.

§21010. Service of process

The corporation shall comply with the law on service of process of each State in which it is incorporated and each State in which it carries on activities.

(Added Pub. L. 105–354, §1(5)(A), Nov. 3, 1998, 112 Stat. 3244.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21010 36 App.:5904. Aug. 13, 1998, Pub. L. 105–231, §4, 112 Stat. 1531.

The words "each State in which it is incorporated" are substituted for "the State of Texas" for consistency in the revised title. The words "in furtherance of its corporate purposes" are omitted as unnecessary.

§21011. Liability for acts of officers and agents

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

(Added Pub. L. 105–354, §1(5)(A), Nov. 3, 1998, 112 Stat. 3244.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21011 36 App.:5909. Aug. 13, 1998, Pub. L. 105–231, §9, 112 Stat. 1532.

The words "officers and agents" are substituted for "officers, directors, employees, and agents" for consistency in the revised title and to eliminate unnecessary words.

§21012. Annual report

The corporation shall submit an annual report to Congress on the activities of the corporation during the prior fiscal year. The report shall be submitted at the same time as the report of the audit required by section 10101 of this title. The report may not be printed as a public document.

(Added Pub. L. 105–354, §1(5)(A), Nov. 3, 1998, 112 Stat. 3244.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21012 36 App.:5911. Aug. 13, 1998, Pub. L. 105–231, §12, 112 Stat. 1532.

CHAPTER 211—AMERICAN GOLD STAR MOTHERS, INCORPORATED

Sec.
21101.
Definition.
21102.
Organization.
21103.
Purposes.
21104.
Membership.
21105.
Governing body.
21106.
Powers.
21107.
Restrictions.
21108.
Duty to maintain corporate and tax-exempt status.
21109.
Records and inspection.
21110.
Service of process.
21111.
Liability for acts of officers and agents.
21112.
Annual report.

        

§21101. Definition

For purposes of this chapter, "State" includes the District of Columbia and the territories and possessions of the United States.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1292.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21101 36:2413. June 12, 1984, Pub. L. 98–314, §14, 98 Stat. 239.

The words "the Commonwealth of Puerto Rico" are omitted as included in "the territories and possessions of the United States".

§21102. Organization

(a) Federal Charter.—American Gold Star Mothers, Incorporated (in this chapter, the "corporation"), incorporated in the District of Columbia, is a federally chartered corporation.

(b) Expiration of Charter.—If the corporation does not comply with any provision of this chapter, the charter granted by this chapter expires.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1292.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21102(a) 36:2401. June 12, 1984, Pub. L. 98–314, §§1, 15 (last sentence), 16, 98 Stat. 237, 239.
21102(b) 36:2414 (last sentence).

36:2415.

This section is substituted for the source provisions for consistency in the revised title and to eliminate unnecessary words.

§21103. Purposes

The purposes of the corporation are as provided in the articles of incorporation and include a continuing commitment, on a national basis, to—

(1) keep alive and develop the spirit that promoted world services;

(2) maintain the ties of fellowship born of that service, and assist and further all patriotic work;

(3) inculcate a sense of individual obligation to the community, State, and Nation;

(4) assist veterans of World War I, World War II, the Korean Conflict, Vietnam, and other strategic areas and their dependents in the presentation of claims to the Department of Veterans Affairs, and aid in any way in their power the men and women who served and died or were wounded or incapacitated during hostilities;

(5) perpetuate the memory of those whose lives were sacrificed in our wars;

(6) maintain true allegiance to the United States;

(7) inculcate lessons of patriotism and love of country in the communities in which we live;

(8) inspire respect for the Stars and Stripes in the youth of America;

(9) extend needful assistance to all Gold Star Mothers and, when possible, to their descendants; and

(10) promote peace and good will for the United States and all other Nations.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1292.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21103 36:2403. June 12, 1984, Pub. L. 98–314, §3, 98 Stat. 237; June 13, 1991, Pub. L. 102–54, §13(n)(6), 105 Stat. 278.

Before clause (1), the word "objects" is omitted as included in "purposes".

In clause (6), the words "of America" are omitted for consistency in the revised title and with other titles of the United States Code.

§21104. Membership

(a) Eligibility.—Except as provided in this chapter, eligibility for membership in the corporation and the rights and privileges of members are as provided in the constitution and bylaws.

(b) Nondiscrimination.—The terms of membership may not discriminate on the basis of race, color, religion, or national origin.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1293.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21104(a) 36:2405 (words before 3d comma). June 12, 1984, Pub. L. 98–314, §5 (words before 3d comma, words after 3d comma related to discrimination in membership), 98 Stat. 238.
21104(b) 36:2405 (words after 3d comma related to discrimination in membership).  

§21105. Governing body

(a) Board of Directors.—The board of directors and the responsibilities of the board are as provided in the articles of incorporation.

(b) Officers.—The officers and the election of officers are as provided in the articles of incorporation.

(c) Nondiscrimination.—The requirements for holding office in the corporation may not discriminate on the basis of race, color, religion, or national origin.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1293.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21105(a) 36:2406. June 12, 1984, Pub. L. 98–314, §§5 (words after 3d comma related to discrimination in holding office), 6, 7, 98 Stat. 238.
21105(b) 36:2407.  
21105(c) 36:2405 (words after 3d comma related to discrimination in holding office).  

The words "and in conformity with the laws of the State or States in which it is incorporated" in 36:2406 and "and in conformity with the laws of the State or States wherein it is incorporated" in 36:2407 are omitted as unnecessary.

§21106. Powers

The corporation has only the powers provided in its bylaws and articles of incorporation filed in each State in which it is incorporated.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1293.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21106 36:2402. June 12, 1984, Pub. L. 98–314, §2, 98 Stat. 237.

The words "and subject to the laws of such State or States" are omitted as unnecessary.

§21107. Restrictions

(a) Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend.

(b) Distribution of Income or Assets.—The income or assets of the corporation may not inure to the benefit of, or be distributed to, a director, officer, or member during the life of the charter granted by this chapter. This subsection does not prevent the payment of reasonable compensation to an officer or reimbursement for actual necessary expenses in amounts approved by the board of directors.

(c) Loans.—The corporation may not make a loan to a director, officer, or employee.

(d) Claim of Governmental Approval or Authority.—The corporation may not claim congressional approval or the authority of the United States Government for any of its activities.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1293.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21107(a) 36:2408(c). June 12, 1984, Pub. L. 98–314, §8(a)–(d), 98 Stat. 238.
21107(b) 36:2408(a).  
21107(c) 36:2408(b).  
21107(d) 36:2408(d).  

In subsection (a), the words "any shares of" are omitted as unnecessary.

In subsection (b), the words "inure to the benefit of" are substituted for "inure to" for consistency in the revised title.

§21108. Duty to maintain corporate and tax-exempt status

(a) Corporate Status.—The corporation shall maintain its status as a corporation incorporated under the laws of each State in which it is incorporated.

(b) Tax-Exempt Status.—The corporation shall maintain its status as an organization exempt from taxation under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.).

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1294.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21108(a) 36:2408(e). June 12, 1984, Pub. L. 98–314, §§8(e), 15 (1st sentence), 98 Stat. 238, 239.
21108(b) 36:2414 (1st sentence).  

In subsection (a), the words "organized and" are omitted as unnecessary. The words "each State" are substituted for "State or States" for consistency in the revised title and to eliminate unnecessary words.

§21109. Records and inspection

(a) Records.—The corporation shall keep—

(1) correct and complete records of account;

(2) minutes of the proceedings of its members, board of directors, and committees having any of the authority of its board of directors; and

(3) at its principal office, a record of the names and addresses of its members entitled to vote.


(b) Inspection.—A member entitled to vote, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1294.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21109 36:2410. June 12, 1984, Pub. L. 98–314, §10, 98 Stat. 238.

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 "Nothing in this section shall be construed to contravene any applicable State law" are omitted as unnecessary.

§21110. Service of process

The corporation shall comply with the law on service of process of each State in which it is incorporated and each State in which it carries on activities.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1294.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21110 36:2404. June 12, 1984, Pub. L. 98–314, §4, 98 Stat. 238.

§21111. Liability for acts of officers and agents

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

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1294.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21111 36:2409. June 12, 1984, Pub. L. 98–314, §9, 98 Stat. 238.

§21112. Annual report

The corporation shall submit an annual report to Congress on the activities of the corporation during the prior fiscal year. The report shall be submitted at the same time as the report of the audit required by section 10101 of this title. The report may not be printed as a public document.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1294.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21112 36:2411. June 12, 1984, Pub. L. 98–314, §12, 98 Stat. 239.

Termination of Reporting Requirements

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 of Title 31, Money and Finance, and page 196 of House Document No. 103–7.

CHAPTER 213—AMERICAN HISTORICAL ASSOCIATION

Sec.
21301.
Organization.
21302.
Purposes.
21303.
Powers.
21304.
Annual meeting.
21305.
Principal office.
21306.
Historical collections.
21307.
Annual report.

        

§21301. Organization

American Historical Association (in this chapter, the "corporation") is a body corporate and politic in the District of Columbia.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1294.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21301 36:20 (1st sentence words before "for the promotion"). Jan. 4, 1889, ch. 20, (1st sentence words before "for the promotion"), 25 Stat. 640.

This section is substituted for the source provisions for consistency in the revised title and to eliminate executed and unnecessary words.

§21302. Purposes

The purposes of the corporation are—

(1) to promote historical studies;

(2) to collect and preserve historical manuscripts; and

(3) other kindred purposes in the interest of American history and of history in America.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1294.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21302 36:20 (1st sentence words beginning with "for the promotion"). Jan. 4, 1889, ch. 20, (1st sentence words beginning with "for the promotion"), 25 Stat. 640.

§21303. Powers

The corporation may—

(1) adopt a constitution and bylaws; and

(2) hold property in the District of Columbia necessary to carry out the purposes of the corporation.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1295.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21303 36:20 (2d sentence). Jan. 4, 1889, ch. 20, (2d sentence), 25 Stat. 640; July 3, 1957, Pub. L. 85–83, §1, 71 Stat. 276.

In clause (1), the words "not inconsistent with law" are omitted as unnecessary.

In clause (2), the word "property" is substituted for "real and personal estate", and the word "necessary" is substituted for "so far only as may be necessary", to eliminate unnecessary words. The words "to carry out the purposes of the corporation" are substituted for "to its lawful ends" for consistency in the revised title.

Tax Exemption of Real Property

Pub. L. 85–83, §2, July 3, 1957, 71 Stat. 277, provided that: "The real property situated in Square 817, in the city of Washington, District of Columbia, described as lot 23, owned, occupied, and used by the American Historical Association, is exempt from all taxation so long as the same is so owned and occupied, and not used for commercial purposes, subject to the provisions of sections 2, 3, and 5 of the Act entitled 'An Act to define the real property exempt from taxation in the District of Columbia', approved December 24, 1942 (56 Stat. 1089; D.C. Code, secs. 47–801b, 47–801c, and 47–801e)."

§21304. Annual meeting

The corporation may hold its annual meeting in a place the members of the corporation select.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1295.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21304 36:20 (3d sentence words after 2d comma). Jan. 4, 1889, ch. 20, (3d sentence words after 2d comma), 25 Stat. 640.

The words "members of the corporation" are substituted for "said incorporators" to reflect the probable intent.

§21305. Principal office

The principal office of the corporation shall be in the District of Columbia.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1295.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21305 36:20 (3d sentence words before 2d comma). Jan. 4, 1889, ch. 20, (3d sentence words before 2d comma), 25 Stat. 640.

§21306. Historical collections

The Regents of the Smithsonian Institution may allow the corporation to deposit its collections, manuscripts, books, pamphlets, and other historical material in the Smithsonian Institution or the National Museum on conditions and under regulations the Regents prescribe.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1295.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21306 36:20 (last sentence). Jan. 4, 1889, ch. 20, (last sentence), 25 Stat. 640.

The words "historical material" are substituted for "material for history" for clarity. The words "at their discretion" are omitted as unnecessary.

§21307. Annual report

The corporation shall submit an annual report to the Secretary of the Smithsonian Institution on the activities of the corporation and the condition of historical study in America. The Secretary shall submit to Congress any part of the report the Secretary decides is appropriate.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1295.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21307 36:20 (4th, 5th sentences). Jan. 4, 1889, ch. 20, (4th, 5th sentences), 25 Stat. 640.

The word "activities" is substituted for "proceedings" for consistency in the revised title. The words "any part of the report the Secretary decides is appropriate" are substituted for "whole of such reports, or such portion thereof as he shall see fit" to eliminate unnecessary words.

Termination of Reporting Requirements

For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which a report required under this section is listed on page 192), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance.

CHAPTER 215—AMERICAN HOSPITAL OF PARIS

Sec.
21501.
Organization.
21502.
Purpose.
21503.
Governing body.
21504.
Acquisition and management of property.
21505.
Charges for medical services.
21506.
Principal office.
21507.
Nonapplication of audit requirements.

        

§21501. Organization

(a) Federal Charter.—American Hospital of Paris (in this chapter, the "corporation") is a federally chartered corporation.

(b) Place of Incorporation.—The corporation is declared to be incorporated in the District of Columbia.

(c) Perpetual Existence.—Except as otherwise provided, the corporation has perpetual existence.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1295.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21501 36:4901. Jan. 30, 1913, ch. 21, §1, 37 Stat. 654.
  36:4909. Jan. 30, 1913, ch. 21, §9, 37 Stat. 655; Sept. 19, 1962, Pub. L. 87–673, 76 Stat. 557; Oct. 1, 1965, Pub. L. 89–231, §2, 79 Stat. 901.

This section is substituted for the source provisions for consistency in the revised title and to eliminate executed and unnecessary words.

§21502. Purpose

The purpose of the corporation is to maintain a hospital in the vicinity of Paris, France, to provide medical and surgical care to citizens of the United States.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1295.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21502 36:4903 (words before 8th comma less "gratuitously or otherwise"). Jan. 30, 1913, ch. 21, §3 (words before 8th comma less "gratuitously or otherwise"), 37 Stat. 654.

The word "maintain" is substituted for "establish, maintain, and conduct" to eliminate executed and unnecessary words. The word "aid" is omitted as included in "care".

§21503. Governing body

(a) General.—(1) The board of governors is the governing body of the corporation.

(2) The board shall have at least 12 governors, divided into 3 classes of equal numbers. One class of governors shall be elected each year for a term of 3 years or until their successors are elected. The corporation shall elect the governors at its annual meeting.

(b) Quorum.—Five governors are a quorum for the transaction of business, except that a majority vote of the board is required for—

(1) the sale or alienation of any real or personal estate of the corporation; or

(2) the leasing of real estate of the corporation for a term of more than one year.


(c) Powers.—The board may—

(1) adopt and amend bylaws, as may be necessary and proper, related to—

(A) elections and meetings;

(B) qualifications and duties of governors and officers;

(C) admission and qualifications of members; and

(D) management and disposition of the property, business, and concerns of the corporation;


(2) conduct all business of the corporation;

(3) fill, until the next annual election, a vacancy on the board; and

(4) appoint attending and resident physicians and surgeons, agents, assistants, and attendants as may be necessary, set their compensation, and discharge them.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1295.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21503(a) 36:4904 (1st sentence). Jan. 30, 1913, ch. 21, §§4 (1st sentence), 6, 37 Stat. 655; Apr. 12, 1974, Pub. L. 93–266, 88 Stat. 85.
  36:4905. Jan. 30, 1913, ch. 21, §§5, 7, 8, 37 Stat. 655.
  36:4906.  
21503(b) 36:4908.  
21503(c) 36:4907.  

Subsection (a) is substituted for the source provisions for consistency in the revised title and to eliminate unnecessary and obsolete language.

In subsection (c)(1), before clause (A), the words "and not contrary to law" are omitted as unnecessary.

In subsection (c)(2), the words "and manage" and "and concerns" are omitted as unnecessary.

In subsection (c)(3), the words "occasioned by death, resignation, or otherwise" are omitted as unnecessary.

§21504. Acquisition and management of property

The corporation may acquire, own, lease, encumber, and transfer property, in the United States and France, to carry out the purposes of the corporation.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1296.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21504 36:4902. Jan. 30, 1913, ch. 21, §2, 37 Stat. 654; June 14, 1929, ch. 23, 46 Stat. 11; Oct. 1, 1965, Pub. L. 89–231, §1, 79 Stat. 901.

The words "may acquire, own, lease, encumber, and transfer" are substituted for "is authorized to take by purchase, gift, grant, devise, and bequest, and to hold, mortgage, lease, transfer, and convey" for consistency in the revised title and to eliminate unnecessary words. The words "real and personal" are omitted as unnecessary. The words "to carry out the purpose of the corporation" are substituted for "for the purposes of the said corporation" and "as may be deemed necessary for the wants or development of the corporation or any of them" for consistency in the revised title and to eliminate unnecessary words.

§21505. Charges for medical services

The corporation may charge a reasonable compensation for providing medical and surgical services or may provide those services without charge. Amounts received under this section shall be used to carry out the purposes of the corporation.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1296.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21505 36:4903 ("gratuitously or otherwise" and words after 8th comma). Jan. 30, 1913, ch. 21, §3 ("gratuitously or otherwise" and words after 8th comma), 37 Stat. 654.

The words "may charge" are substituted for "it shall be lawful for the said corporation to demand and receive" to eliminate unnecessary words. The words "medical and surgical services" are substituted for "such care, sustenance, professional treatment, and other services" to eliminate unnecessary words. The words "to carry out the purposes of the corporation" are substituted for "be applied to the uses and benefits of the said corporation" for consistency.

§21506. Principal office

The principal office of the corporation shall be in the District of Columbia. However, offices may be maintained and meetings of the board of governors and committees may be held elsewhere.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1296.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21506 36:4904 (last sentence). Jan. 30, 1913, ch. 21, §4 (last sentence), 37 Stat. 655.

§21507. Nonapplication of audit requirements

The audit requirements of section 10101 of this title do not apply to the corporation.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1296.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21507 (no source).  

The section is added to except the American Hospital of Paris from the application of section 10101 of the revised title, restating 36:1101–1103, which imposes audit requirements on certain federally chartered corporations. The Hospital is not included in the list of corporations set out in 36:1101 to which the audit requirements apply.

CHAPTER 217—THE AMERICAN LEGION

Sec.
21701.
Organization.
21702.
Purposes.
21703.
Membership.
21704.
Powers.
21705.
Exclusive right to name, emblems, and badges.
21706.
Political activities.
21707.
Service of process.
21708.
Annual report.

        

§21701. Organization

(a) Federal Charter.—The American Legion (in this chapter, the "corporation") is a federally chartered corporation.

(b) Perpetual Existence.—Except as otherwise provided, the corporation has perpetual existence.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1297.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21701(a) 36:41. Sept. 16, 1919, ch. 59, §§1, 2, 41 Stat. 284.
  36:42.  
21701(b) 36:44 (words before 4th semicolon related to perpetual succession). Sept. 16, 1919, ch. 59, §4 (words before 4th semicolon related to perpetual succession), 41 Stat. 285; June 26, 1953, ch. 153, §1, 67 Stat. 82.

This section is substituted for the source provisions for consistency in the revised title and to eliminate unnecessary and obsolete language.

§21702. Purposes

The purposes of the corporation are—

(1) to uphold and defend the Constitution of the United States;

(2) to promote peace and good will among the peoples of the United States and all the nations of the Earth;

(3) to preserve the memories and incidents of the 2 World Wars and the other great hostilities fought to uphold democracy;

(4) to cement the ties and comradeship born of service; and

(5) to consecrate the efforts of its members to mutual helpfulness and service to their country.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1297.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21702 36:43. Sept. 16, 1919, ch. 59, §3, 41 Stat. 285; Oct. 29, 1942, ch. 633, §1, 56 Stat. 1012; July 26, 1955, ch. 386, §1, 69 Stat. 379; Sept. 1, 1966, Pub. L. 89–550, §1, 80 Stat. 371.

In clause (1), the words "of America" are omitted.

§21703. Membership

An individual is eligible for membership in the corporation only if the individual—

(1) has served in the Armed Forces of—

(A) the United States at any time during any period from—

(i) April 6, 1917, through November 11, 1918;

(ii) December 7, 1941, through December 31, 1946;

(iii) June 25, 1950, through January 31, 1955;

(iv) February 28, 1961, through May 7, 1975;

(v) August 24, 1982, through July 31, 1984;

(vi) December 20, 1989, through January 31, 1990; or

(vii) August 2, 1990, through the date of cessation of hostilities, as decided by the United States Government; or


(B) a government associated with the United States during a period referred to in subclause (A) of this clause and was a citizen of the United States when the individual entered that service; and


(2) was honorably discharged or separated from that service or continues to serve honorably during or after that period.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1297; Pub. L. 105–354, §1(6), Nov. 3, 1998, 112 Stat. 3244; Pub. L. 107–309, §1, Dec. 2, 2002, 116 Stat. 2449.)

Historical and Revision Notes
Pub. L. 105–225
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21703 36:45. Sept. 16, 1919, ch. 59, §5, 41 Stat. 285; Oct. 29, 1942, ch. 633, §2, 56 Stat. 1012; July 9, 1946, ch. 546, 60 Stat. 524; Dec. 28, 1950, ch. 1177, 64 Stat. 1122; July 26, 1955, ch. 386, §2, 69 Stat. 380; Sept. 1, 1966, Pub. L. 89–550, §2, 80 Stat. 372; Dec. 27, 1974, Pub. L. 93–557, 88 Stat. 1792; Aug. 17, 1978, Pub. L. 95–346, 92 Stat. 485; Dec. 21, 1979, Pub. L. 96–155, 93 Stat. 1165; Oct. 30, 1990, Pub. L. 101–478, 104 Stat. 1157; Dec. 2, 1991, Pub. L. 102–179, 105 Stat. 1229.

In clause (1), the words "armed forces" are substituted for "naval or military services" and "military or naval service" for clarity. In subclause (A), the word "through" is substituted for "all dates inclusive" for clarity. In subclause (B), the words "a government associated with the United States during a period referred to in subclause (A) of this clause and was a citizen of the United States when the individual entered that service" are substituted for "who, being a citizen of the United States at the time of entry therein . . . of any governments associated with the United States during said wars or hostilities" for clarity.

In clause (2), the words "after that period" are substituted for "after any of the aforesaid terminal dates" to eliminate unnecessary words.

Pub. L. 105–354

This amends section 21703(1)(A)(iv) of title 36 to reflect changes made by Public Law 105–110 (Nov. 20, 1997, 111 Stat. 2270).

Amendments

2002—Par. (2). Pub. L. 107–309 inserted "during or" after "continues to serve honorably".

1998—Par. (1)(A)(iv). Pub. L. 105–354 substituted "February 28, 1961" for "December 22, 1961".

§21704. Powers

The corporation may—

(1) adopt a constitution, bylaws, and regulations to carry out the purposes of the corporation;

(2) adopt and alter a corporate seal;

(3) establish and maintain offices to conduct its activities;

(4) establish State and territorial organizations and local chapter or post organizations;

(5) provide guidance and leadership to organizations and local chapters established under paragraph (4), but may not control or otherwise influence the specific activities and conduct of such organizations and local chapters;

(6) acquire, own, lease, encumber, and transfer property as necessary to carry out the purposes of the corporation;

(7) publish a magazine and other publications;

(8) sue and be sued; and

(9) do any other act necessary and proper to carry out the purposes of the corporation.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1297; Pub. L. 112–66, §1, Dec. 13, 2011, 125 Stat. 768.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21704 36:44 (words before 4th semicolon less perpetual succession, words after 5th semicolon). Sept. 16, 1919, ch. 59, §4 (words before 4th semicolon less perpetual succession, words after 5th semicolon), 41 Stat. 285; June 26, 1953, ch. 153, §1, 67 Stat. 82.
  36:47. Sept. 16, 1919, ch. 59, §7, 41 Stat. 285.

In this section, the text of 36:47 is omitted as executed and obsolete.

In clause (1), the words "not inconsistent with the laws of the United States or of any State" are omitted as unnecessary.

In clause (2), the words "at pleasure" are omitted as unnecessary.

In clause (3), the word "activities" is substituted for "business" for consistency in the revised title.

Clause (5) is substituted for "to receive, hold, own, use, and dispose of such real estate and personal property as shall be necessary for its corporate purposes" for consistency in the revised title and to eliminate unnecessary words.

In clause (7), the words "in courts of law and equity" are omitted as unnecessary.

In clause (8), the words "do any other act" are substituted for "generally to do any and all such acts and things" for consistency in the revised title and to eliminate unnecessary words.

Amendments

2011—Pars. (5) to (9). Pub. L. 112–66 added par. (5) and redesignated former pars. (5) to (8) as (6) to (9), respectively.

§21705. Exclusive right to name, emblems, and badges

The corporation and its State and local subdivisions have the exclusive right to use the name "The American Legion" or "American Legion". The corporation has the exclusive right to use, manufacture, and control the right to manufacture, emblems and badges the corporation adopts.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1298.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21705 36:44 (words between 4th and 5th semicolons). Sept. 16, 1919, ch. 59, §§4 (words between 4th and 5th semicolons), 8, 41 Stat. 285; June 26, 1953, ch. 153, 67 Stat. 82.
  36:48.  

The word "sole" is omitted as included in "exclusive". The words "to have and", "in carrying out its purposes", and "in carrying out the purposes of the corporation" are omitted as unnecessary.

§21706. Political activities

The corporation shall be nonpolitical and may not promote the candidacy of an individual seeking public office.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1298.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21706 36:46. Sept. 16, 1919, ch. 59, §6, 41 Stat. 285.

The words "as an organization" are omitted as unnecessary.

§21707. Service of process

As a condition to the exercise of any power or privilege granted by this chapter, the corporation shall file, with the secretary of state or other designated official of each State, the name and address of an agent in that State on whom legal process or demands against the corporation may be served.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1298.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21707 36:50. Sept. 16, 1919, ch. 59, §9 1/2, 41 Stat. 285.

The word "precedent" is omitted as unnecessary. The words "with the secretary of state or other designated official" are substituted for "in the office of the secretary of state" for consistency in the revised title. The words "post-office" and "authorized" are omitted as unnecessary.

§21708. Annual report

Not later than January 1 of each year, the corporation shall submit a report to Congress on the activities of the corporation during the prior calendar year. The report may not be printed as a public document.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1298.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21708 36:49. Sept. 16, 1919, ch. 59, §9, 41 Stat. 285; Aug. 30, 1964, Pub. L. 88–504, §4(3), 78 Stat. 636.

Termination of Reporting Requirements

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 of Title 31, Money and Finance, and page 196 of House Document No. 103–7.

CHAPTER 219—THE AMERICAN NATIONAL THEATER AND ACADEMY

Sec.
21901.
Organization.
21902.
Purposes.
21903.
Powers.
21904.
Exclusive right to name.
21905.
Restrictions.
21906.
Headquarters and meetings.
21907.
Service of process.
21908.
Annual report.

        

§21901. Organization

(a) Federal Charter.—The American National Theater and Academy (in this chapter, the "corporation") is a federally chartered corporation.

(b) Perpetual Existence.—Except as otherwise provided, the corporation has perpetual existence.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1298.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21901(a) 36:3301. July 5, 1935, ch. 373, §§1, 3 (related to perpetual succession), 49 Stat. 457, 458.
21901(b) 36:3303 (related to perpetual succession).  

This section is substituted for the source provisions for consistency in the revised title and to eliminate executed and unnecessary words.

§21902. Purposes

The purposes of the corporation include—

(1) the presentation of theatrical productions of the highest type;

(2) the stimulation of public interest in the drama as an art belonging both to the theater and to literature and to be enjoyed both on the stage and in the study;

(3) the advancement of interest in the drama throughout the United States by furthering the production of the best plays, interpreted by the best actors at a minimum cost;

(4) the further development of the study of drama of the present and past in our universities, colleges, schools, and elsewhere; and

(5) the sponsoring, encouraging, and developing of the art and technique of the theater through a school within the National Academy.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1298.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21902 36:3302 (last sentence). July 5, 1935, ch. 373, §2 (last sentence), 49 Stat. 458.

Before clause (1), the word "include" is substituted for "shall embrace" for consistency in the revised title.

In clause (3), the words "of America" are omitted as unnecessary.

§21903. Powers

The corporation may—

(1) adopt a constitution, bylaws, and regulations;

(2) adopt and alter a corporate seal;

(3) establish and maintain offices and buildings to conduct its activities;

(4) establish State and territorial organizations and local branches;

(5) acquire, own, lease, encumber, and transfer property as necessary to carry out the purposes of the corporation, subject to its constitution and instructions of donors;

(6) sue and be sued; and

(7) do any other act necessary and proper to carry out the purposes of the corporation.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1299.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21903 36:3303 (less perpetual succession). July 5, 1935, ch. 373, §§3 (less perpetual succession), 7, 49 Stat. 458, 459.
  36:3307.  

In clause (1), the words "to carry out its purposes not inconsistent with the laws of the United States or any States" are omitted as unnecessary.

In clause (2), the words "at pleasure" are omitted as unnecessary.

In clause (3), the word "activities" is substituted for "business" for consistency in the revised title.

Clause (5) is substituted for "to receive, hold, own, use, mortgage, and dispose of such real estate and personal property as shall be necessary for its corporate purposes" in 36:3303 and for 36:3307 for consistency in the revised title and to eliminate unnecessary words.

In clause (6), the words "in the courts of law and equity" are omitted as unnecessary.

In clause (7), the words "do any other act" are substituted for "generally to do all such acts and things" for consistency in the revised title and to eliminate unnecessary words.

§21904. Exclusive right to name

The corporation and its State and local branches and subdivisions have the exclusive right to use the name "The American National Theater and Academy".

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1299.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21904 36:3305. July 5, 1935, ch. 373, §5, 49 Stat. 458.

The word "sole" is omitted as included in "exclusive". The words "to have" are omitted as included in "to use". The words "in carrying out its purposes" are omitted as unnecessary.

§21905. Restrictions

(a) Profit and Stock.—The corporation shall be nonprofit and may not issue stock.

(b) Political Activities.—The corporation shall be nonpolitical and nonsectarian, and may not promote the candidacy of an individual seeking public office.

(c) Honorary Members.—The corporation may not have honorary members.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1299.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21905(a) 36:3302 (1st sentence). July 5, 1935, ch. 373, §§2 (1st sentence), 4, 49 Stat. 458.
21905(b) 36:3304 (1st sentence).  
21905(c) 36:3304 (last sentence).  

In subsection (a), the word "capital" is omitted for consistency in the revised title.

In subsection (b), the words "as an organization" are omitted as unnecessary.

§21906. Headquarters and meetings

The corporation may have its headquarters and hold its meetings at places the corporation decides are best.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1299.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21906 36:3306. July 5, 1935, ch. 373, §6, 49 Stat. 458.

The word "may" is substituted for "be, and is hereby, authorized to" to eliminate unnecessary words. The words "within or without the District of Columbia" and "from time to time" are omitted as unnecessary.

§21907. Service of process

As a condition to the exercise of any power or privilege granted by this chapter, the corporation shall file, with the secretary of state or other designated official of the District of Columbia or of each State, territory, or possession of the United States in which its headquarters, branches, or subdivisions are located, the name and address of an agent in that jurisdiction on whom legal process or demands against the corporation may be served.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1299.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21907 36:3309. July 5, 1935, ch. 373, §9, 49 Stat. 459.

The words "precedent", "herein", and "or conferred" are omitted as unnecessary. The words "with the secretary of state or other designated official" are substituted for "in the office of the Secretary or the properly designated officer", and the words "territory, or possession of the United States" are substituted for "Territory", for consistency in the revised title. The words "post-office" and "authorized" are omitted as unnecessary. The words "in that jurisdiction" are added for clarity.

§21908. Annual report

Not later than January 1 of each year, the corporation shall submit a report to Congress on the activities of the corporation during the prior calendar year, including a complete report of its receipts and expenditures. The report may not be printed as a public document.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1299.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
21908 36:3308. July 5, 1935, ch. 373, §8, 49 Stat. 459; Aug. 30, 1964, Pub. L. 88–504, §4(4), 78 Stat. 636.

The word "submit" is substituted for "make and transmit", and the word "activities" is substituted for "proceedings", for consistency in the revised title. The word "full" is omitted as included in "complete".

CHAPTER 221—THE AMERICAN SOCIETY OF INTERNATIONAL LAW

Sec.
22101.
Organization.
22102.
Purposes.
22103.
Governing body.
22104.
Powers.
22105.
Restrictions.
22106.
Principal office.
22107.
Records and inspection.
22108.
Service of process.
22109.
Liability for acts of officers and agents.

        

§22101. Organization

(a) Federal Charter.—The American Society of International Law (in this chapter, the "corporation") is a federally chartered corporation.

(b) Perpetual Existence.—Except as otherwise provided, the corporation has perpetual existence.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1300.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
22101(a) 36:341. Sept. 20, 1950, ch. 958, §§1, 5 (related to perpetual succession), 10, 64 Stat. 869, 871, 872.
22101(b) 36:345 (related to perpetual succession).

36:350.

This section is substituted for the source provisions for consistency in the revised title and to eliminate executed and unnecessary words.

§22102. Purposes

The purposes of the corporation are—

(1) to foster the study of international law; and

(2) to promote the establishment and maintenance of international relations on the basis of law and justice.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1300.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
22102 36:342 (1st sentence). Sept. 20, 1950, ch. 958, §2 (1st sentence), 64 Stat. 870.

§22103. Governing body

(a) Executive Council.—(1) The executive council is the governing body of the corporation. However, the council is subject to the directions of the corporation at its annual meetings and at any other meeting called under the constitution, bylaws, or regulations of the corporation.

(2) The council consists of a president, an honorary president, a number of vice presidents and honorary vice presidents as provided in the constitution, a secretary, a treasurer, and at least 24 additional individuals.

(b) Election and Terms.—The officers of the corporation and one-third of the other members of the council shall be elected at each annual meeting of the corporation. However, the constitution may authorize the council—

(1) to elect the secretary and the treasurer of the corporation for specified terms; and

(2) to fill vacancies until the next annual meeting.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1300.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
22103 36:343. Sept. 20, 1950, ch. 958, §3, 64 Stat. 870.

The words "The number of members of the executive council shall initially be forty-four, and the members of the said council shall initially be the persons whose names and addresses are set forth in section 341 of this title" are omitted as obsolete.

§22104. Powers

The corporation may—

(1) adopt and amend a constitution, bylaws, and regulations for the management of its property and the regulation of its affairs;

(2) adopt and alter a corporate seal;

(3) choose officers, managers, and agents as the activities of the corporation require;

(4) make contracts;

(5) acquire, own, lease, encumber, and transfer property as necessary to carry out the purposes of the corporation;

(6) borrow money, issue instruments of indebtedness, and secure its obligations by granting security interests in its property;

(7) publish a journal and other publications;

(8) sue and be sued; and

(9) do any other act necessary and proper to carry out the purposes of the corporation.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1300.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
22104 36:345 (less perpetual succession). Sept. 20, 1950, ch. 958, §§5 (less perpetual succession), 11, 64 Stat. 871, 872.
  36:351.  

In this section, the text of 36:351 is omitted as executed and obsolete.

In clause (1), the words "apply, and administer" are omitted as unnecessary. The words "not inconsistent with the laws of the United States of America or any State in which the corporation is to operate" are omitted as unnecessary.

In clause (2), the word "use" is omitted as unnecessary.

In clause (3), the word "activities" is substituted for "business" for consistency in the revised title.

In clause (4), the words "make contracts" are substituted for "contract and be contracted with" for consistency in the revised title and to eliminate unnecessary words.

Clause (5) is substituted for "take and hold by lease, gift, purchase, grant, devise, or bequest, in full title, in trust, or otherwise, any property, real or personal, necessary for attaining the objects and carrying into effect the purposes of the corporation" and "transfer and convey real or personal property" for consistency in the revised title and to eliminate unnecessary words. The words "subject however, to applicable provisions of law of any State (A) governing the amount or kind of real and personal property which may be held by, or (B) otherwise limiting or controlling the ownership of real and personal property by a corporation operating in such State" are omitted as unnecessary.

In clause (6), the words "instruments of indebtedness" are substituted for "bonds", and the words "secure its obligations by granting security interests in its property" are substituted for "secure the same by mortgage", for consistency in the revised title. The words "for the purposes of the corporation" and "therefor" are omitted as unnecessary. The words "subject in every case to all applicable provisions of Federal or State laws" are omitted as unnecessary.

In clause (8), the words "complain and defend in any court of competent jurisdiction" are omitted as unnecessary and for consistency in the revised title.

§22105. Restrictions

(a) Profit.—The corporation may not operate for profit.

(b) Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend.

(c) Political Activities.—The corporation or an officer or member of the executive council as such may not contribute to, support, or assist a political party or candidate for elective public office.

(d) Distribution of Income or Assets.—The income or assets of the corporation may not inure to the benefit of, or be distributed to, a member of the corporation or an officer or member of the executive council, except on the dissolution or final liquidation of the corporation.

(e) Loans.—The corporation may not make a loan or advance to an officer or member of the executive council. Members of the council who vote for or assent to making a loan or advance to an officer or member of the council, and officers who participate in making the loan or advance, are jointly and severally liable to the corporation for the amount of the loan or advance until it is repaid.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1301.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
22105(a) 36:342 (2d sentence words before 1st comma). Sept. 20, 1950, ch. 958, §§2 (2d, last sentences), 7, 64 Stat. 870, 871.
22105(b) 36:347 (1st sentence words before 2d comma).  
22105(c) 36:342 (last sentence).  
22105(d) 36:342 (2d sentence words after 1st comma).  
22105(e) 36:347 (1st sentence words after 2d comma, last sentence).  

In subsection (b), the words "shares of" are omitted as unnecessary.

In subsection (d), the words "inure to the benefit of" are substituted for "inure to" for consistency in the revised title.

§22106. Principal office

The principal office of the corporation shall be in the District of Columbia. However, the activities of the corporation are not confined to the District of Columbia but may be conducted throughout the United States.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1301.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
22106 36:344. Sept. 20, 1950, ch. 958, §4, 64 Stat. 871.

The words "the activities of the corporation are not confined to the District of Columbia but may be conducted throughout the United States" are substituted for "The corporation . . . shall have the right to conduct its activities in the said District and at any other place or places in the United States" for consistency in the revised title and to eliminate unnecessary words.

National Headquarters

Pub. L. 86–208, Aug. 25, 1959, 73 Stat. 431, provided: "That the American Society of International Law, incorporated by the Act entitled 'An Act to incorporate the American Society of International Law, and for other purposes', approved September 20, 1950 (Public Law 794, ch. 958, Eighty-first Congress, second session (64 Stat. 869)) [now this chapter], is authorized to use the real estate described as lot 805 square 2512, situated in the city of Washington, District of Columbia, as the national headquarters of such society."

§22107. Records and inspection

(a) Records.—The corporation shall keep—

(1) correct and complete records of account;

(2) minutes of the proceedings of its members, executive council, and committees having any of the authority of its executive council; and

(3) at its principal office, a record of the names and addresses of its members entitled to vote.


(b) Inspection.—A member, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1301.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
22107 36:348. Sept. 20, 1950, ch. 958, §8, 64 Stat. 872.

The word "records" is substituted for "books and records" for consistency in the revised title and with other titles of the United States Code.

§22108. Service of process

The corporation shall have a designated agent in the District of Columbia to receive service of process for the corporation. Notice to or service on the agent, or mailed to the business address of the agent, is notice to or service on the corporation.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1301.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
22108 36:346 (last sentence). Sept. 20, 1950, ch. 958, §6 (last sentence), 64 Stat. 871.

The words "at all times" are omitted as unnecessary. The words "to receive" are substituted for "authorized to accept", and the words "is notice" are substituted for "shall be deemed notice", for consistency in the revised title and to eliminate unnecessary words.

§22109. Liability for acts of officers and agents

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

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1301.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
22109 36:346 (1st sentence). Sept. 20, 1950, ch. 958, §6 (1st sentence), 64 Stat. 871.

The words "acting within the scope of their authority" are added for clarity and consistency in the revised title.

CHAPTER 223—AMERICAN SYMPHONY ORCHESTRA LEAGUE

Sec.
22301.
Organization.
22302.
Purposes.
22303.
Membership.
22304.
Governing body.
22305.
Powers.
22306.
Exclusive right to name, insignia, emblems, and badges.
22307.
Restrictions.
22308.
Principal office.
22309.
Records and inspection.
22310.
Service of process.
22311.
Liability for acts of officers and agents.
22312.
Distribution of assets on dissolution or final liquidation.

        

§22301. Organization

(a) Federal Charter.—American Symphony Orchestra League (in this chapter, the "corporation") is a federally chartered corporation.

(b) Perpetual Existence.—Except as otherwise provided, the corporation has perpetual existence.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1302.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
22301 36:3401. Oct. 15, 1962, Pub. L. 87–817, §§1, 2, 4(1), 76 Stat. 929, 930.
  36:3402.

36:3404(1).

This section is substituted for the source provisions for consistency in the revised title and to eliminate executed and unnecessary words.

The text of 36:3402 is omitted as executed and obsolete.

§22302. Purposes

The purposes of the corporation are—

(1) to serve as a coordinating, research, and educational agency and clearinghouse for symphony orchestras to help strengthen the work in their local communities;

(2) to assist in the formation of new symphony orchestras;

(3) to encourage and recognize the work of America's musicians, conductors, and composers, through suitable means; and

(4) to aid the expansion of the musical and cultural life of the United States through suitable educational and service activities.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1302.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
22302 36:3403. Oct. 15, 1962, Pub. L. 87–817, §3, 76 Stat. 930.

§22303. Membership

(a) Eligibility.—Except as provided in this chapter, eligibility for membership in the corporation and the rights, privileges, and designation of classes of members are as provided in the constitution and bylaws of the corporation.

(b) Voting.—Each member (except an honorary, sustaining, or associate member) has one vote on each matter submitted to a vote at a meeting of the members.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1302.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
22303 36:3406. Oct. 15, 1962, Pub. L. 87–817, §6, 76 Stat. 931.

In subsection (a), the words "are as provided in the constitution and bylaws of the corporation" are substituted for "shall . . . be determined as the constitution and bylaws of the corporation may provide" to eliminate unnecessary words.

In subsection (b), the words "the right to" are omitted as unnecessary.

§22304. Governing body

(a) Board of Directors.—(1) The board of directors is the governing body of the corporation. Between meetings of the members of the corporation, the board is responsible for the general policies and program of the corporation and for the control of contributions raised by the corporation.

(2) The number of directors, their manner of selection (including the filling of vacancies), and their term of office are as provided in the constitution and bylaws of the corporation.

(b) Officers.—(1) The officers of the corporation are a president, one or more vice presidents as provided in the constitution and bylaws, a secretary, a treasurer, and one or more assistant secretaries and assistant treasurers as provided in the constitution and bylaws.

(2) The manner of election, term of office, and duties of the officers are as provided in the constitution and bylaws.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1302.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
22304(a) 36:3407. Oct. 15, 1962, Pub. L. 87–817, §§7, 8, 76 Stat. 931.
22304(b) 36:3408.  

In subsection (a), the text of 36:3407(a) and the word "Thereafter" in 36:3407(b) are omitted as obsolete. The word "contributions" is substituted for "all contributed funds" to eliminate unnecessary words.

§22305. Powers

The corporation may—

(1) adopt and amend a constitution and bylaws for the management of its property and the regulation of its affairs;

(2) adopt and alter a corporate seal;

(3) choose officers, managers, agents, and employees as the activities of the corporation require;

(4) make contracts;

(5) acquire, own, lease, encumber, and transfer property as necessary or convenient to carry out the purposes of the corporation;

(6) borrow money, issue instruments of indebtedness, and secure its obligations by granting security interests in its property; and

(7) sue and be sued.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1302.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
22305 36:3404(2)–(9). Oct. 15, 1962, Pub. L. 87–817, §§4(2)–(9), 17, 76 Stat. 930, 933.
  36:3417.  

In this section, the text of 36:3417 is omitted as executed and obsolete.

In clause (1), the word[s] "and alter" and "not inconsistent with the laws of the United States or any State in which the corporation is to operate" are omitted as unnecessary.

In clause (2), the word "use" is omitted as unnecessary.

In clause (3), the word "activities" is substituted for "business" for consistency in the revised title.

In clause (4), the words "make contracts" are substituted for "contract and be contracted with" to eliminate unnecessary words.

Clause (5) is substituted for "take by lease, gift, purchase, grant, devise, or bequest from any private corporation, association, partnership, firm, or individual and to hold any property, real, personal, or mixed, necessary or convenient for attaining the objects and carrying into effect the purposes of the corporation" and "transfer, convey, lease, sublease, encumber, and otherwise alienate real, personal, or mixed property" for consistency in the revised title and to eliminate unnecessary words. The words "subject, however, to applicable provisions of law of any State (A) governing the amount or kind of property which may be held by, or (B) otherwise limiting or controlling the ownership of property by, a corporation operating in such State" are omitted as unnecessary.

In clause (6), the words "instruments of indebtedness" are substituted for "bonds" for consistency in the revised title. The words "secure its obligations by granting security interests in its property" are substituted for "secure the same by mortgage, deed of trust, pledge or otherwise" to eliminate unnecessary words. The words "for the purposes of the corporation", "therefor", and "subject in every case to all applicable provisions of Federal and State laws" are omitted as unnecessary.

In clause (7), the words "complain and defend in any court of competent jurisdiction" are omitted as unnecessary.

§22306. Exclusive right to name, insignia, emblems, and badges

The corporation has the exclusive right to use the name "American Symphony Orchestra League" and distinctive insignia, emblems and badges, descriptive or designating marks, and words or phrases required to carry out the duties and powers of the corporation. This section does not affect any vested rights.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1303.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
22306 36:3416. Oct. 15, 1962, Pub. L. 87–817, §16, 76 Stat. 933.

The words "sole" and "to have and to use in carrying out its purposes" are omitted as unnecessary. The words "required to carry out the duties and powers of the corporation" are substituted for "as may be required in the furtherance of its functions" for consistency in the revised title and with other titles of the United States Code. The last sentence is substituted for "No powers or privileges hereby granted shall, however, interfere or conflict with established or vested rights" for consistency in the revised title and to eliminate unnecessary words.

§22307. Restrictions

(a) Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend.

(b) Political Activities.—The corporation or a director or officer as such may not contribute to, support, or assist a political party or candidate for public office.

(c) Distribution of Income or Assets.—The income or assets of the corporation may not inure to the benefit of, or be distributed to, a director, officer, or member as such during the life of the corporation or on its dissolution or final liquidation. This subsection does not prevent the payment of compensation to an officer in an amount approved by the board of directors.

(d) Loans.—The corporation may not make a loan or advance to a director, officer, or employee. Directors who vote for or assent to making a loan or advance to a director, officer, or employee, and officers who participate in making the loan or advance, are jointly and severally liable to the corporation for the amount of the loan or advance until it is repaid.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1303.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
22307(a) 36:3412. Oct. 15, 1962, Pub. L. 87–817, §§9, 10, 12, 76 Stat. 932.
22307(b) 36:3410.  
22307(c) 36:3409(a).  
22307(d) 36:3409(b).  

In subsection (a), the words "any shares of" are omitted as unnecessary.

In subsection (c), the words "inure to the benefit of" are substituted for "inure to" for consistency in the revised title.

In subsection (d), the words "or advance" are added in 2 places for consistency in the subsection.

§22308. Principal office

The principal office of the corporation shall be in Charleston, West Virginia, or another place decided by the board of directors. However, the activities of the corporation are not confined to the place where the principal office is located but may be conducted throughout the States, territories, and possessions of the United States.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1303.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
22308 36:3405(a). Oct. 15, 1962, Pub. L. 87–817, §5(a), 76 Stat. 930.

The words "the Commonwealth of Puerto Rico" are omitted as included in "territories, and possessions of the United States".

§22309. Records and inspection

(a) Records.—The corporation shall keep—

(1) correct and complete records of account;

(2) minutes of the proceedings of its members, board of directors, and committees having any of the authority of its board of directors; and

(3) at its principal office, a record of the names and addresses of its members entitled to vote.


(b) Inspection.—A member entitled to vote, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1303.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
22309(a) 36:3413 (1st sentence). Oct. 15, 1962, Pub. L. 87–817, §13, 76 Stat. 932.
22309(b) 36:3413 (last sentence).  

The word "records" is substituted for "books and records" for consistency in the revised title and with other titles of the United States Code.

§22310. Service of process

The corporation shall have a designated agent in the District of Columbia to receive service of process for the corporation. Notice to or service on the agent, or mailed to the business address of the agent, is notice to or service on the corporation.

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

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
22310 36:3405(b). Oct. 15, 1962, Pub. L. 87–817, §5(b), 76 Stat. 930.

The words "at all times" and "authorized" are omitted as unnecessary.

§22311. Liability for acts of officers and agents

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

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

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
22311 36:3411. Oct. 15, 1962, Pub. L. 87–817, §11, 76 Stat. 932.

§22312. Distribution of assets on dissolution or final liquidation

On dissolution or final liquidation of the corporation, any assets remaining after the discharge of all liabilities shall be distributed as provided by the board of directors, but in compliance with the constitution and bylaws of the corporation.

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

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
22312 36:3415. Oct. 15, 1962, Pub. L. 87–817, §15, 76 Stat. 933.

The word "satisfaction" is omitted as included in "discharge", and the word "obligations" is omitted as included in "liabilities". The words "outstanding" and "all Federal and State laws applicable thereto" are omitted as unnecessary.

CHAPTER 225—AMERICAN WAR MOTHERS

Sec.
22501.
Organization.
22502.
Purposes.
22503.
Membership.
22504.
Powers.
22505.
Exclusive right to name.
22506.
Restrictions.
22507.
Tax-exempt status.
22508.
Meetings.
22509.
Service of process.
22510.
Annual report.

        

§22501. Organization

(a) Federal Charter.—American War Mothers (in this chapter, the "corporation") is a federally chartered corporation.

(b) Place of Incorporation.—The corporation is declared to be incorporated in the District of Columbia.

(c) Period of Existence.—The corporation may continue to exist until there are no individuals who qualify for membership.

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

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
22501 36:91. Feb. 24, 1925, ch. 303, §§1, 2, 5 (words between colon and 1st comma), 13, 15, 43 Stat. 966, 967, 968.
  36:92.

36:95 (words between colon and 1st comma).

36:103.

36:105.

This section is substituted for the source provisions for consistency in the revised title and to eliminate unnecessary and executed words.

The text of 36:92, 103, and 105 is omitted as executed and obsolete.

§22502. Purposes

The purposes of the corporation are—

(1) to keep alive and develop the spirit that promoted world service;

(2) to maintain the ties of fellowship born of that service and to assist and further any patriotic work;

(3) to inculcate a sense of individual obligation to the community, State, and Nation;

(4) to work for the welfare of the Army and Navy;

(5) to assist, in any way in their power, men and women who served and were wounded or incapacitated in World War I; and

(6) to foster and promote friendship and understanding between America and the Allies in World War I.

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

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
22502 36:93. Feb. 24, 1925, ch. 303, §3, 43 Stat. 967.

In clauses (5) and (6), the words "World War I" are substituted for "the World War" for clarity.

§22503. Membership

Eligibility for membership in the corporation is limited to women—

(1) who are citizens of the United States; and

(2) whose natural son or daughter, legally adopted son or daughter, or stepson or stepdaughter—

(A) served in the Armed Forces of the United States or its allies in World War I, World War II, the Korean conflict, or any subsequent war or conflict involving the United States; and

(B) was honorably discharged from that service or continues in the service.

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

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
22503 36:97. Feb. 24, 1925, ch. 303, §7, 43 Stat. 968; Sept. 26, 1942, ch. 563, 56 Stat. 758; June 26, 1953, ch. 152, 67 Stat. 81; Apr. 12, 1974, Pub. L. 93–267, 88 Stat. 85.

In clause (2), before subclause (A), the word "natural" is substituted for "of her blood" to eliminate unnecessary words. The words "or sons", "or daughters", "or stepsons", and "or stepdaughters" are omitted as unnecessary.

§22504. Powers

The corporation may—

(1) adopt a constitution, bylaws, and regulations;

(2) adopt and alter a corporate seal;

(3) adopt emblems and badges;

(4) establish and maintain offices to conduct its activities;

(5) establish State, territorial, and local subdivisions;

(6) acquire, own, lease, encumber, and transfer property as necessary to carry out the purposes of the corporation, subject to section 22506(b) of this title;

(7) publish a magazine and other publications;

(8) sue and be sued; and

(9) do any other act necessary and proper to carry out its purposes.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1305.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
22504 36:95 (less words between colon and 1st comma). Feb. 24, 1925, ch. 303, §§5 (less words between colon and 1st comma), 9, 43 Stat. 967, 968.
  36:99.  

In this section, the text of 36:99 is omitted as executed and obsolete.

In clause (1), the words "to carry out its purposes, not inconsistent with the laws of the United States or of any State" are omitted as unnecessary.

In clause (2), the words "at pleasure" are omitted as unnecessary.

In clause (3), the words "adopt emblems and badges" are substituted for "to use in carrying out the purposes of the corporation such emblems and badges as it may adopt" for consistency in the revised title and to eliminate unnecessary words.

In clause (4), the word "activities" is substituted for "business" for consistency in the revised title.

Clause (6) is substituted for "receive, hold, own, use, and dispose of such real estate and personal property as shall be necessary for its corporate purposes" for consistency in the revised title and to eliminate unnecessary words. The words "subject to section 22506(b) of this title" are added to alert the reader to the restriction in that section.

In clause (8), the words "in courts of law and equity" are omitted as unnecessary.

In clause (9), the word "things" is omitted as included in "act".

§22505. Exclusive right to name

The corporation and its State, territorial, and local subdivisions have the exclusive right to use the name "American War Mothers".

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1305.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
22505 36:100. Feb. 24, 1925, ch. 303, §10, 43 Stat. 968.

The words "to have" are omitted as included in "to use". The words "in carrying out its business purposes" are omitted as unnecessary.

§22506. Restrictions

(a) General.—The corporation shall be nonprofit, nonpolitical, nonsectarian, and nonpartisan, and may not promote the candidacy of an individual seeking public office.

(b) Ownership and Use of Property.—The corporation may not accept, own, or hold, directly or indirectly, any property not reasonably necessary to carry out the purposes of the corporation.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1305.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
22506(a) 36:98. Feb. 24, 1925, ch. 303, §8, 43 Stat. 968; June 26, 1953, ch. 152, 67 Stat. 81.
22506(b) 36:96 (last sentence). Feb. 24, 1925, ch. 303, §6 (proviso), 43 Stat. 968.

In subsection (a), words "as an organization" are omitted as unnecessary.

In subsection (b), the words "real or personal" are omitted as unnecessary and for consistency in the revised title. The words "not reasonably necessary to carry out the purposes of the corporation" are substituted for "except such as may be reasonably necessary to carry out the purposes of its creation as defined in this chapter" to eliminate unnecessary words.

§22507. Tax-exempt status

The personal property and funds of the corporation, whether principal or income, so long as held or used only to carry out the purposes of the corporation, are exempt from taxation by the United States Government, the District of Columbia, and the territories and possessions of the United States.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1305.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
22507 36:96 (1st sentence). Feb. 24, 1925, ch. 303, §6 (less proviso), 43 Stat. 967.

The words "so long as held or used only to carry out 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 be so used" to eliminate unnecessary words. The words "the United States Government, the District of Columbia, and the territories and possessions of the United States" are substituted for "the United States or any Territory or District thereof" for clarity.

§22508. Meetings

The corporation may hold its meetings at any place the corporation decides.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1305.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
22508 36:94. Feb. 24, 1925, ch. 303, §4, 43 Stat. 967.

§22509. Service of process

As a condition to the exercise of any power or privilege granted by this chapter, the corporation shall file, with the secretary of state or other designated official of each State, the name and address of an agent in that State on whom legal process or demands against the corporation may be served.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1305.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
22509 36:102. Feb. 24, 1925, ch. 303, §12, 43 Stat. 968.

The words "precedent", "herein", and "or conferred" are omitted as unnecessary. The words "with the secretary of state or other designated official" are substituted for "in the office of the secretary of each State" for consistency in the revised title. The words "post-office" and "authorized" are omitted as unnecessary.

§22510. Annual report

Not later than January 1 of each year, the corporation shall submit a report to Congress on the activities of the corporation during the prior calendar year. The report may not be printed as a public document.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1305.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
22510 36:101. Feb. 24, 1925, ch. 303, §11, 43 Stat. 968; Aug. 30, 1964, Pub. L. 88–504, §4(9), 78 Stat. 636.

The word "submit" is substituted for "make and transmit" for consistency in the revised title and to eliminate unnecessary words. The word "activities" is substituted for "proceedings" for consistency in the revised title.

Termination of Reporting Requirements

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 of Title 31, Money and Finance, and page 197 of House Document No. 103–7.

CHAPTER 227—AMVETS (AMERICAN VETERANS)

Sec.
22701.
Organization.
22702.
Purposes.
22703.
Membership.
22704.
Governing body.
22705.
Powers.
22706.
Exclusive right to name, seals, emblems, and badges.
22707.
Restrictions.
22708.
Headquarters and principal place of business.
22709.
Records and inspection.
22710.
Service of process.
22711.
Liability for acts of officials, representatives, and agents.
22712.
Distribution of assets on dissolution or final liquidation.

        

Amendments

2002Pub. L. 107–241, §1(a)(2)(A), Oct. 16, 2002, 116 Stat. 1496, substituted "AMVETS (AMERICAN VETERANS)" for "AMVETS (AMERICAN VETERANS OF WORLD WAR II, KOREA, AND VIETNAM)" in chapter heading.

§22701. Organization

(a) Federal Charter.—AMVETS (American Veterans) (in this chapter, the "corporation") is a federally chartered corporation.

(b) Perpetual Existence.—Except as otherwise provided, the corporation has perpetual existence.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1306; Pub. L. 107–241, §1(a)(1), Oct. 16, 2002, 116 Stat. 1496.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
22701 36:67. July 23, 1947, ch. 298, §1, 61 Stat. 403; Aug. 15, 1977, Pub. L. 95–98, §1(a), 91 Stat. 830.
  36:67a. July 23, 1947, ch. 298, §§2, 4 (related to perpetual succession), 10(1), 61 Stat. 405, 406, 407.
  36:67c (related to perpetual succession).

36:67i(1).

This section is substituted for the source provisions for consistency in the revised title and to eliminate executed and unnecessary words.

This text of 36:67a is omitted as executed and obsolete.

Amendments

2002—Subsec. (a). Pub. L. 107–241 substituted "AMVETS (American Veterans)" for "AMVETS (American Veterans of World War II, Korea, and Vietnam)".

§22702. Purposes

The purposes of the corporation are—

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

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

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

(4) to aid and encourage the abolition of prejudice, ignorance, and disease;

(5) to encourage universal exercise of the voting franchise to the end that there shall be elected and maintained in public office men and women who hold public office as a public trust administered in the best interests of all the people;

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

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

(8) to continue to serve the best interests of our Nation in peace as in war;

(9) to develop to the utmost the human, mental, spiritual, and economical resources of our Nation;

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

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

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1306.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
22702 36:67b(1), (3)–(10). July 23, 1947, ch. 298, §3(1), (3)–(10), 61 Stat. 405.
  36:67b(2). July 23, 1947, ch. 298, §3(2), 61 Stat. 405; Aug. 15, 1977, Pub. L. 95–98, §1(b)(1), 91 Stat. 830; June 13, 1991, Pub. L. 102–54, §13(n)(1), 105 Stat. 278.

§22703. Membership

(a) Eligibility.—Except as provided in this chapter, eligibility for membership in the corporation and the rights and privileges of members are as provided in the constitution and bylaws of the corporation.

(b) Voting.—Each member has one vote in the conduct of official business at the post level.

(c) Nondiscrimination.—The terms of membership may not discriminate on the basis of race, color, religion, sex, or national origin.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1307.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
22703(a) 36:67e (words before 3d comma). July 23, 1947, ch. 298, §6 (words before 3d comma, words after 3d comma related to discrimination in membership), 61 Stat. 407; Dec. 28, 1950, ch. 1178, 64 Stat. 1122; July 26, 1955, ch. 383, 69 Stat. 375; Sept. 14, 1966, Pub. L. 89–576, 80 Stat. 772; Aug. 15, 1977, Pub. L. 95–98, §1(b)(2), 91 Stat. 830; May 31, 1984, Pub. L. 98–304, 98 Stat. 220.
22703(b) 36:67f(1) (1st sentence). July 23, 1947, ch. 298, §7(1) (1st sentence), 61 Stat. 407.
22703(c) 36:67e (words after 3d comma related to discrimination in membership).  

In subsection (b), the words "the right to" are omitted as unnecessary.

§22704. Governing body

(a) Delegates to National Conventions.—Each post may elect delegates to national conventions of the corporation. The delegates each have one vote in the conduct of business of the convention to which they are elected.

(b) Executive Committee.—The executive committee of the corporation consists of—

(1) one member elected to represent each department; and

(2) the officers of the corporation as ex officio members.


(c) Officers.—(1) The officers of the corporation are a national commander, two national vice commanders, a finance officer, a judge advocate, a chaplain, six national district commanders, and a provost marshal.

(2) The officers shall be elected by the delegates at the annual national convention.

(d) Nondiscrimination.—The requirements for holding office in the corporation may not discriminate on the basis of race, color, religion, sex, or national origin.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1307; Pub. L. 107–241, §1(b), Oct. 16, 2002, 116 Stat. 1496.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
22704(a) 36:67f(1) (last sentence). July 23, 1947, ch. 298, §§5(3), 7(1) (last sentence), (2), 13, 61 Stat. 406, 407, 408.
22704(b) 36:67d(3).

36:67f(2).

22704(c) 36:67l.  
22704(d) 36:67e (words after 3d comma related to discrimination in holding office). July 23, 1947, ch. 298, §6 (words after 3d comma related to discrimination in holding office), 61 Stat. 407; Dec. 28, 1950, ch. 1178, 64 Stat. 1122; July 26, 1955, ch. 383, 69 Stat. 375; Sept. 14, 1966, Pub. L. 89–576, 80 Stat. 772; Aug. 15, 1977, Pub. L. 95–98, §1(b)(2), 91 Stat. 830; May 31, 1984, Pub. L. 98–304, 98 Stat. 220.

In subsection (b), the text of 36:67d(3) is omitted as obsolete.

In subsection (c), the words "each official delegate casting one vote" are omitted as unnecessary because of subsection (a) of this section.

Amendments

2002—Subsec. (c)(1). Pub. L. 107–241 substituted "two national vice commanders, a finance officer, a judge advocate, a chaplain, six national district commanders," for "seven national vice commanders, one of whom shall be a woman, a finance officer, an adjutant, a judge advocate,".

§22705. Powers

(a) General.—The corporation may—

(1) adopt bylaws and regulations for the management of its property and the regulation of its affairs;

(2) adopt seals, emblems, and badges;

(3) choose officers, representatives, and agents as necessary to carry out the purposes of the corporation;

(4) make contracts;

(5) establish State and regional organizations and local posts;

(6) acquire, own, lease, encumber, and transfer property as necessary to carry out the purposes of the corporation;

(7) borrow money, issue instruments of indebtedness, and secure its obligations by granting security interests in its property;

(8) publish a magazine, newspaper, and other publications consistent with the purposes of the corporation;

(9) sue and be sued; and

(10) do any other act necessary and proper to carry out the purposes of the corporation.


(b) Powers Granted to Other Organizations.—The provisions, privileges, and prerogatives granted before July 24, 1947, to other national veterans' organizations because of their incorporation by Congress are granted to the corporation.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1307.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
22705(a) 36:67c (less perpetual succession). July 23, 1947, ch. 298, §§4 (less perpetual succession), 8, 10(2)–(5), 61 Stat. 406, 407.
  36:67g.

36:67i(2)–(5).

22705(b) 36:67r. July 23, 1947, ch. 298, §19, 61 Stat. 408; Aug. 15, 1977, Pub. L. 95–98, §1(a), 91 Stat. 830.

In this section, the text of 36:67g is omitted as executed and obsolete.

In subsection (a)(1), the word "adopt" is substituted for "ordain and establish" for clarity and consistency in the revised title. The words "not inconsistent with the laws of the United States of America or any State thereof" are omitted as unnecessary.

In subsection (a)(2), the words "adopt seals, emblems, and badges" are substituted for "to use in carrying out its purposes such seals, emblems, and badges as it may lawfully adopt" for consistency in the revised title and to eliminate unnecessary words.

In subsection (a)(4), the words "make contracts" are substituted for "contract and be contracted with" for consistency in the revised title and to eliminate unnecessary words.

Subsection (a)(6) is substituted for "take and hold by lease, gift, purchase, grant, devise, or bequest any property, real or personal, necessary for attaining the objects and carrying into effect the purposes of the corporation" in 36:67c and "Transfer and convey all real or personal property" in 36:67i(4) for consistency in the revised title and to eliminate unnecessary words. The words "subject, however, to applicable provisions of law of any State (A) governing the amount or kind of real and personal property which may be held by, or (B) otherwise limiting or controlling the ownership of real and personal property by, a corporation operating in such State" in 36:67c are omitted as unnecessary.

In subsection (a)(7), the words "instruments of indebtedness" are substituted for "bonds" for consistency in the revised title. The words "secure its obligations by granting security interests in its property" are substituted for "secure same by mortgage" for consistency in the revised title. The words "for the purposes of the corporation", "therefor", and "subject in every case to all applicable provisions of Federal or State laws" are omitted as unnecessary.

In subsection (b), the words "before July 24, 1947" are substituted for "heretofore" for clarity. The words "and accrue" are omitted as unnecessary.

§22706. Exclusive right to name, seals, emblems, and badges

The corporation and its State, regional, and local subdivisions have the exclusive right to use the name "AMVETS (American Veterans)" and seals, emblems, and badges the corporation adopts.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1308; Pub. L. 107–241, §1(a)(1), Oct. 16, 2002, 116 Stat. 1496.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
22706 36:67p. July 23, 1947, ch. 298, §17, 61 Stat. 408; Aug. 15, 1977, Pub. L. 95–98, §1(a), 91 Stat. 830.

The words "sole and" and "have and" are omitted as unnecessary. The word "adopts" is substituted for "may lawfully adopt" to eliminate unnecessary words.

Amendments

2002Pub. L. 107–241 substituted "AMVETS (American Veterans)" for "AMVETS (American Veterans of World War II, Korea, and Vietnam)".

§22707. Restrictions

(a) Profit.—The corporation shall operate as a not-for-profit corporation, exclusively for charitable, educational, patriotic, and civic improvement purposes.

(b) Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend.

(c) Political Activities.—The corporation or an officer of the corporation or member of its executive committee as such may not contribute to, support, or assist a political party or candidate for elective public office. The corporation may not carry on propaganda.

(d) Distribution of Income or Assets.—The income or assets of the corporation may not inure to the benefit of, or be distributed to, a director, officer, or member of the corporation, except on dissolution or final liquidation of the corporation.

(e) Loans.—The corporation may not make a loan or advance to a director or officer. Directors who vote for or assent to making a loan or advance to a director or officer, and officers who participate in making the loan or advance, are jointly and severally liable to the corporation for the amount of the loan or advance until it is repaid.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1308.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
22707(a) 36:67b(11) (1st–8th words and words after semicolon). July 23, 1947, ch. 298, §§3(11), 5(1), (2), 15, 16, 61 Stat. 405, 406, 408.
22707(b) 36:67n.  
22707(c) 36:67d(1), (2).  
22707(d) 36:67b(11) (9th word through semicolon).  
22707(e) 36:67o.  

In subsection (b), the words "shares of" are omitted as unnecessary.

In subsection (e), the words "or advance" are added in 2 places for consistency in the subsection.

§22708. Headquarters and principal place of business

The headquarters and principal place of business of the corporation shall be in Maryland. However, the activities of the corporation are not confined to Maryland but may be conducted throughout the States, territories, and possessions of the United States.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1308; Pub. L. 107–241, §1(c), Oct. 16, 2002, 116 Stat. 1496.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
22708 36:67d(4). July 23, 1947, ch. 298, §5(4), 61 Stat. 406.

The words "as set out herein" are omitted as unnecessary.

Amendments

2002Pub. L. 107–241 substituted "Maryland" for "the District of Columbia" in first and second sentences.

§22709. Records and inspection

(a) Records.—The corporation shall keep—

(1) correct and complete records of account;

(2) minutes of the proceedings of its members, executive committee, and committees having any of the authority of its executive committee; and

(3) at its registered or principal office, a record of the names and addresses of its members entitled to vote.


(b) Inspection.—A member, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1308.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
22709 36:67m. July 23, 1947, ch. 298, §14, 61 Stat. 408.

The word "records" is substituted for "books and records" for consistency in the revised title and with other titles of the United States Code.

§22710. Service of process

(a) District of Columbia.—The corporation shall have a designated agent in the District of Columbia to receive service of process for the corporation. Notice to or service on the agent, or mailed to the business address of the agent, is notice to or service on the corporation.

(b) States.—As a condition to the exercise of any power or privilege granted by this chapter, the corporation shall file, with the secretary of state or other designated official of each State, the name and address of an agent in that State on whom legal process or demands against the corporation may be served.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1308.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
22710(a) 36:67k. July 23, 1947, ch. 298, §12, 61 Stat. 407.
22710(b) 36:67q. July 23, 1947, ch. 298, §18, 61 Stat. 408; Aug. 15, 1977, Pub. L. 95–98, §1(a), 91 Stat. 830.

In subsection (b), the words "precedent", "herein", and "or conferred" are omitted as unnecessary. The words "file, with the secretary of state or other designated official" are substituted for "serve notice on the secretary of state" for consistency in the revised title. The word "authorized" is omitted as unnecessary.

§22711. Liability for acts of officials, representatives, and agents

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

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1309.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
22711 36:67j. July 23, 1947, ch. 298, §11, 61 Stat. 407.

§22712. Distribution of assets on dissolution or final liquidation

On dissolution or final liquidation of the corporation, any assets remaining after the discharge or satisfactory provision for discharge of all liabilities shall be transferred to the Secretary of Veterans Affairs to be applied to the care and comfort of disabled veterans of World War II, the Korean conflict, and the Vietnam era.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1309.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
22712 36:67h. July 23, 1947, ch. 298, §9, 61 Stat. 407; Aug. 15, 1977, Pub. L. 95–98, §1(b)(3), 91 Stat. 830; June 13, 1991, Pub. L. 102–54, §13(n)(1), 105 Stat. 278.

The words "Secretary of Veterans Affairs" are substituted for "Department of Veterans Affairs" because under 38:303 the Secretary is the head of the Department.

CHAPTER 229—ARMY AND NAVY UNION OF THE UNITED STATES OF AMERICA

Sec.
22901.
Definition.
22902.
Organization.
22903.
Purposes.
22904.
Membership.
22905.
Governing body.
22906.
Powers.
22907.
Restrictions.
22908.
Duty to maintain corporate and tax-exempt status.
22909.
Records and inspection.
22910.
Service of process.
22911.
Liability for acts of officers and agents.
22912.
Annual report.

        

§22901. Definition

For purposes of this chapter, "State" includes the District of Columbia and the territories and possessions of the United States.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1309.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
22901 36:3913. Nov. 6, 1986, Pub. L. 99–604, §14, 100 Stat. 3448.

The words "the Commonwealth of Puerto Rico" are omitted as included in "the territories and possessions of the United States".

§22902. Organization

(a) Federal Charter.—Army and Navy Union of the United States of America (in this chapter, the "corporation"), incorporated in Ohio, is a federally chartered corporation.

(b) Expiration of Charter.—If the corporation does not comply with any provision of this chapter, the charter granted by this chapter expires.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1309.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
22902(a) 36:3901. Nov. 6, 1986, Pub. L. 99–604, §§1, 15 (last sentence), 16, 100 Stat. 3446, 3448.
22902(b) 36:3914 (last sentence).

36:3915.

Subsection (a) is substituted for the source provisions for consistency in the revised title and to eliminate executed and unnecessary words.

§22903. Purposes

The purposes of the corporation are as provided in its articles of incorporation and include—

(1) holding true allegiance to the United States Government and fidelity to its Constitution, laws, and institutions;

(2) serving our Nation under God in peace as well as in war by fostering the ideals of faith and patriotism, loyalty, justice, and liberty, by inculcating in the hearts of young and old, through precept and practice, the spirit of true Americanism, and by participating in civic activities for the good of our country and our community;

(3) uniting in fraternal fellowship those who have served, or are now serving, honorably in the Armed Forces of the United States;

(4) protecting and advancing their civic, social, and economic welfare;

(5) aiding them in sickness and distress;

(6) assisting in the burial and commemoration of their dead and providing help for their widows and orphans; and

(7) perpetuating the memory of patriotic deeds performed by the defenders of our country.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1309.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
22903 36:3903. Nov. 6, 1986, Pub. L. 99–604, §3, 100 Stat. 3446.

Before clause (1), the word "objects" is omitted as included in "purposes".

§22904. Membership

Eligibility for membership in the corporation and the rights and privileges of members are as provided in the bylaws.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1310.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
22904 36:3905. Nov. 6, 1986, Pub. L. 99–604, §5, 100 Stat. 3447.

§22905. Governing body

(a) Board of Directors.—The board of directors and the responsibilities of the board are as provided in the articles of incorporation.

(b) Officers.—The officers and the election of officers are as provided in the articles of incorporation.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1310.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
22905(a) 36:3906. Nov. 6, 1986, Pub. L. 99–604, §§6, 7, 100 Stat. 3447.
22905(b) 36:3907.  

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 States wherein it is incorporated" in 36:3907 are omitted as unnecessary.

§22906. Powers

The corporation has only the powers provided in its bylaws and articles of incorporation filed in each State in which it is incorporated.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1310.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
22906 36:3902. Nov. 6, 1986, Pub. L. 99–604, §2, 100 Stat. 3446.

The words "each State" are substituted for "State or States" for consistency in the revised title. The words "and subject to the laws of such State or States" are omitted as unnecessary.

§22907. Restrictions

(a) Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend.

(b) Political Activities.—The corporation or a director or officer as such may not contribute to, support, or participate in any political activity or in any manner attempt to influence legislation.

(c) Distribution of Income or Assets.—The income or assets of the corporation may not inure to the benefit of, or be distributed to, a director, officer, or member during the life of the charter granted by this chapter. This subsection does not prevent the payment of reasonable compensation to an officer or reimbursement for actual necessary expenses in amounts approved by the board of directors.

(d) Loans.—The corporation may not make a loan to a director, officer, or employee.

(e) Claim of Governmental Approval or Authority.—The corporation may not claim congressional approval or the authority of the United States Government for any of its activities.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1310.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
22907(a) 36:3908(d). Nov. 6, 1986, Pub. L. 99–604, §8(a)–(e), 100 Stat. 3447.
22907(b) 36:3908(c).  
22907(c) 36:3908(a).  
22907(d) 36:3908(b).  
22907(e) 36:3908(e).  

In subsection (a), the words "any shares of" 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.

In subsection (c), the words "inure to the benefit of" are substituted for "shall insure [sic] to", and the words "charter granted by this chapter" are substituted for "this charter", for clarity and consistency in the revised title.

§22908. Duty to maintain corporate and tax-exempt status

(a) Corporate Status.—The corporation shall maintain its status as a corporation incorporated under the laws of Ohio.

(b) Tax-Exempt Status.—The corporation shall maintain its status as an organization exempt from taxation under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.).

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1310.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
22908(a) 36:3908(f). Nov. 6, 1986, Pub. L. 99–604, §§8(f), 15 (1st sentence), 100 Stat. 3447, 3448.
22908(b) 36:3914 (1st sentence).  

In subsection (a), the words "retain and", "organized and", and "the State of" are omitted as unnecessary.

§22909. Records and inspection

(a) Records.—The corporation shall keep—

(1) correct and complete records of account;

(2) minutes of the proceedings of its members, board of directors, and committees having any of the authority of its board of directors; and

(3) at its principal office, a record of the names and addresses of its members entitled to vote.


(b) Inspection.—A member entitled to vote, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1310.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
22909 36:3910. Nov. 6, 1986, Pub. L. 99–604, §10, 100 Stat. 3447.

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 "Nothing in this section shall be construed to contravene any applicable State law" are omitted as unnecessary.

§22910. Service of process

The corporation shall comply with the law on service of process of each State in which it is incorporated and each State in which it carries on activities.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1311.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
22910 36:3904. Nov. 6, 1986, Pub. L. 99–604, §4, 100 Stat. 3446.

The words "in furtherance of its corporate purposes" are omitted as unnecessary.

§22911. Liability for acts of officers and agents

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

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1311.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
22911 36:3909. Nov. 6, 1986, Pub. L. 99–604, §9, 100 Stat. 3447.

§22912. Annual report

The corporation shall submit an annual report to Congress on the activities of the corporation during the prior fiscal year. The report shall be submitted at the same time as the report of the audit required by section 10101 of this title. The report may not be printed as a public document.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1311.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
22912 36:3911. Nov. 6, 1986, Pub. L. 99–604, §12, 100 Stat. 3448.

Termination of Reporting Requirements

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 of Title 31, Money and Finance, and page 197 of House Document No. 103–7.

CHAPTER 231—AVIATION HALL OF FAME

Sec.
23101.
Organization.
23102.
Purposes.
23103.
Membership.
23104.
Governing body.
23105.
Powers.
23106.
Restrictions.
23107.
Principal office.
23108.
Records and inspection.
23109.
Statement required in audit report.
23110.
Service of process.
23111.
Liability for acts of officers and agents.
23112.
Distribution of assets on dissolution or final liquidation.

        

§23101. Organization

(a) Federal Charter.—Aviation Hall of Fame (in this chapter, the "corporation") is a federally chartered corporation.

(b) Perpetual Existence.—Except as otherwise provided, the corporation has perpetual existence.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1311.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
23101 36:4301. July 14, 1964, Pub. L. 88–372, §§1, 2, 4(1), 78 Stat. 314, 315.
  36:4302.

36:4304(1).

This section is substituted for the source provisions for consistency in the revised title and to eliminate executed and unnecessary words.

The text of 36:4302 is omitted as executed and obsolete.

§23102. Purposes

The purposes of the corporation are—

(1) to receive and maintain one or more funds and to use any part of the principal and income only for charitable, scientific, literary, or educational purposes, either directly or by contributing to organizations authorized to carry on similar activities;

(2) to honor citizens, aviation leaders, pilots, teachers, scientists, engineers, inventors, governmental leaders, and other individuals who have helped to make this Nation great by their outstanding contributions to the establishment, development, advancement, or improvement of aviation in the United States;

(3) to perpetuate the memory of those individuals and record their contributions and achievements by the erection and maintenance of buildings and monuments as may be appropriate as a lasting memorial;

(4) to promote a better sense of appreciation of the origins and growth of aviation, especially in the United States, and the part aviation has played in changing the economic, social, and scientific aspects of our Nation;

(5) to establish and maintain a library and museum for the collection and preservation for posterity of the history of those honored by the organization, together with a documentation of their accomplishments and contributions to aviation, including items such as aviation pictures, paintings, books, papers, documents, scientific data, relics, mementos, artifacts, and other items related to that history;

(6) to cooperate with other recognized aviation organizations actively engaged and interested in similar projects; and

(7) to engage in any other activities appropriate to carry out the purposes of the corporation.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1311.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
23102 36:4303(1) (1st sentence words before 8th comma, last sentence), (2)–(7). July 14, 1964, Pub. L. 88–372, §3(1) (1st sentence words before 8th comma, last sentence), (2)–(7), 78 Stat. 314, 315.

In clause (1), the words "and apply the whole or" and "therefrom" are omitted as unnecessary. The text of 36:4303(1) (last sentence) is omitted as unnecessary.

In clause (3), the words "those individuals" are substituted for "such persons" for clarity. The word "edifices" is omitted as included in "buildings". The word "deemed" is omitted as unnecessary.

In clause (4), the words "foster" and "encourage" are omitted as unnecessary.

In clause (7), the words "any other activities appropriate to carry out the purposes of the corporation" are substituted for "any and all activities incidental thereto or necessary, suitable, or proper for the accomplishment of any of the aforementioned purposes" to eliminate unnecessary words.

§23103. Membership

(a) Eligibility.—Except as provided in this chapter, eligibility for membership in the corporation and the rights, privileges, and designation of classes of members are as provided in the bylaws.

(b) Voting.—Each member given voting rights by the bylaws has one vote on each matter submitted to a vote at a meeting of the voting members. The vote may be cast in the manner provided in the bylaws.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1312.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
23103(a) 36:4306(a). July 14, 1964, Pub. L. 88–372, §6, 78 Stat. 316.
23103(b) 36:4306(b).  

In subsection (a), the words "are as provided in the bylaws" are substituted for "shall . . . be determined as the bylaws of the corporation may provide" for consistency in the revised title.

§23104. Governing body

(a) Board of Trustees.—(1) The board of trustees is the governing body of the corporation. Between meetings of the members of the corporation, the board is responsible for the general policies and program of the corporation and for the control of all funds of the corporation.

(2) The number of trustees, their manner of selection (including the filling of vacancies), and their term of office are as provided in the bylaws. However, the board shall have at least 18 members.

(3) The board may appoint committees. Each committee has the powers provided in the bylaws or by resolution of the board. The powers of a committee may include all the powers of the board.

(b) Officers.—(1) The officers of the corporation are a president, one or more vice presidents as provided in the bylaws, a secretary, a treasurer, and other officers as provided in the bylaws.

(2) The manner of election, term of office, and duties of the officers are as provided in the bylaws.

(c)(1) Board of Nominations.—The board of trustees shall appoint a board of nominations, consisting of at least 24 members, from members of the corporation not concurrently serving as members of the board of trustees. Those individuals serve for the term provided in the bylaws.

(2) The board of nominations shall nominate United States citizens or residents to be honored by the corporation and recommend those persons to the board of trustees for consideration as provided in the bylaws.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1312.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
23104(a) 36:4307(a)–(c) (1st sentence, last sentence words after semicolon). July 14, 1964, Pub. L. 88–372, §§7–9, 78 Stat. 316.
23104(b) 36:4308.  
23104(c) 36:4307(c) (last sentence words before semicolon).

36:4309.

In subsection (a)(1), the text of 36:4307(a) is omitted as obsolete.

In subsection (a)(3), the words "and exercise" are omitted as unnecessary.

In subsection (c)(1), the words "from members of the corporation" are substituted for "from the membership of the corporation" in 36:4307(c) and "those persons named in section 4301 of this title, their survivors and such additional persons, if any, as shall be named by them" in 36:4309(a) for clarity and to eliminate executed and unnecessary words.

In subsection (c)(2), the words "shall nominate" are substituted for "shall be the designated body of the corporation to nominate" in 36:4309(b) for clarity and to eliminate unnecessary words.

§23105. Powers

The corporation may—

(1) adopt and amend bylaws for the management of its property and the regulation of its affairs;

(2) adopt and alter a corporate seal;

(3) choose officers, trustees, managers, agents, and employees as the activities of the corporation require;

(4) make contracts;

(5) acquire, own, lease, encumber, and transfer property as necessary or convenient to carry out the purposes of the corporation;

(6) borrow money, issue instruments of indebtedness, and secure its obligations by granting security interests in its property; and

(7) sue and be sued.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1312.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
23105 36:4304(2)–(9). July 14, 1964, Pub. L. 88–372, §§4(2)–(9), 17, 78 Stat. 315, 318.
  36:4317.  

In this section, the text of 36:4317 is omitted as executed and obsolete.

In clause (1), the words "and alter" and "not inconsistent with the laws of the United States or any State in which the corporation is to operate" are omitted as unnecessary.

In clause (2), the word "use" is omitted as unnecessary.

In clause (3), the word "activities" is substituted for "business" for consistency in the revised title.

In clause (4), the words "make contracts" are substituted for "contract and be contracted with" to eliminate unnecessary words.

Clause (5) is substituted for "take by lease, gift, purchase, grant, devise, or bequest from any private corporation, association, partnership, firm, or individual and to hold any property, real, personal, or mixed, necessary or convenient for attaining the objects and carrying into effect the purposes of the corporation" and "transfer, convey, lease, sublease, encumber, and otherwise alienate real, personal, or mixed property" for consistency in the revised title and to eliminate unnecessary words. The words "subject, however, to applicable provisions of law of any State (A) governing the amount or kind of property which may be held by, or (B) otherwise limiting or controlling the ownership of property by, a corporation operating in such State" are omitted as unnecessary.

In clause (6), the words "instruments of indebtedness" are substituted for "bonds" for consistency in the revised title. The words "secure its obligations by granting security interests in its property" are substituted for "secure the same by mortgage, deed of trust, pledge, or otherwise" for consistency in the revised title and to eliminate unnecessary words. The words "for the purposes of the corporation" and "subject in every case to all applicable provisions of Federal and State laws" are omitted as unnecessary.

In clause (7), the words "complain and defend in any court of competent jurisdiction" are omitted as unnecessary and for consistency in the revised title.

§23106. Restrictions

(a) Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend.

(b) Political Activities.—The corporation or a trustee, officer, employee, member of the board of nominations, or member of the corporation as such may not contribute to, support, or assist a political party or candidate for public office.

(c) Distribution of Income or Assets.—The income or assets of the corporation may not inure to the benefit of, or be distributed to, a trustee, officer, member of the board of nominations, or member of the corporation, as such, during the life of the corporation or on its dissolution or final liquidation. This subsection does not prevent the payment of reasonable compensation to an officer or employee in an amount approved by the board of trustees.

(d) Loans.—The corporation may not make a loan or advance to a trustee, officer, employee, member of the board of nominations, or member of the corporation. Trustees who vote for or assent to making such a loan or advance, and officers who participate in making the loan or advance, are jointly and severally liable to the corporation for the amount of the loan or advance until it is repaid.

(e) Contributions to Certain Organizations.—None of the principal or interest of a fund referred to in section 23102(1) of this title may be contributed to an organization if—

(1) a substantial part of its activities is carrying on propaganda or attempting to influence legislation; or

(2) any part of its net earnings benefits a private shareholder or individual.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1313.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
23106(a) 36:4313. July 14, 1964, Pub. L. 88–372, §§3(1) (1st sentence words after 8th comma), 10, 11, 13, 78 Stat. 314, 317.
23106(b) 36:4311.  
23106(c) 36:4310(a).  
23106(d) 36:4310(b).  
23106(e) 36:4303(1) (1st sentence words after 8th comma).  

In subsection (a), the words "any shares of" are omitted as unnecessary.

In subsection (c), the words "inure to the benefit of" are substituted for "inure to" for consistency in the revised title.

In subsection (d), the words "or advance" are added in 2 places for consistency in the subsection.

§23107. Principal office

The principal office of the corporation shall be in Dayton, Ohio, or another place decided by the board of trustees. However, the activities of the corporation are not confined to the place where the principal office is located but may be conducted throughout the States, territories, and possessions of the United States.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1313.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
23107 36:4305(a). July 14, 1964, Pub. L. 88–372, §5(a), 78 Stat. 316.

The word "various" is omitted as unnecessary. The words "the Commonwealth of Puerto Rico" are omitted as included in "territories, and possessions of the United States".

§23108. Records and inspection

(a) Records.—The corporation shall keep—

(1) correct and complete records of account;

(2) minutes of the proceedings of its members, board of trustees, board of nominations, and committees having any of the authority of its board of trustees; and

(3) at its principal office, a record of the names and addresses of its members entitled to vote.


(b) Inspection.—A member entitled to vote, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1313.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
23108 36:4314. July 14, 1964, Pub. L. 88–372, §14, 78 Stat. 317.

The word "records" is substituted for "books and records" for consistency in the revised title and with other titles of the United States Code.

§23109. Statement required in audit report

The corporation shall include in the audit report statement required under section 10101(b)(1)(B) of this title a schedule of all contracts requiring payments greater than $10,000 and all payments of compensation or fees at a rate greater than $10,000 a year.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1314.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
23109 36:4315(b) (2d sentence cl. (2)). July 14, 1964, Pub. L. 88–372, §15(b) (2d sentence cl. (2)), 78 Stat. 318.

The word "salaries" is omitted as unnecessary.

Termination of Reporting Requirements

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 of Title 31, Money and Finance, and page 197 of House Document No. 103–7.

§23110. Service of process

The corporation shall have a designated agent in the District of Columbia to receive service of process for the corporation. Notice to or service on the agent is notice to or service on the corporation.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1314.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
23110 36:4305(b). July 14, 1964, Pub. L. 88–372, §5(b), 78 Stat. 316.

The words "at all times" and "authorized" are omitted as unnecessary.

§23111. Liability for acts of officers and agents

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

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1314.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
23111 36:4312. July 14, 1964, Pub. L. 88–372, §12, 78 Stat. 317.

§23112. Distribution of assets on dissolution or final liquidation

On dissolution or final liquidation of the corporation, any assets remaining after the discharge of all liabilities shall be distributed as provided by the board of trustees, but consistent with the purposes of the corporation and in compliance with the charter and bylaws.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1314.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
23112 36:4316. July 14, 1964, Pub. L. 88–372, §16, 78 Stat. 318.

The word "satisfaction" is omitted as included in "discharge", and the word "obligations" is omitted as included in "liabilities". The words "outstanding" and "all Federal and State laws applicable thereto" are omitted as unnecessary.

CHAPTERS 233 THROUGH 299—RESERVED

Amendments

2014Pub. L. 113–237, §3(b)(1), Dec. 18, 2014, 128 Stat. 2836, added placeholder for chapters 233 to 299.

CHAPTER 301—BIG BROTHERS—BIG SISTERS OF AMERICA

Sec.
30101.
Organization.
30102.
Purposes.
30103.
Membership.
30104.
Governing body.
30105.
Powers.
30106.
Exclusive right to names, seals, emblems, and badges.
30107.
Restrictions.
30108.
Principal office.
30109.
Records and inspection.
30110.
Service of process.
30111.
Liability for acts of officers and agents.
30112.
Distribution of assets on dissolution or final liquidation.

        

§30101. Organization

(a) Federal Charter.—Big Brothers—Big Sisters of America (in this chapter, the "corporation") is a federally chartered corporation.

(b) Place of Incorporation and Domicile.—The corporation is declared to be incorporated and domiciled in the District of Columbia.

(c) Perpetual Existence.—Except as otherwise provided, the corporation has perpetual existence.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1314.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
30101 36:881. Sept. 2, 1958, Pub. L. 85–870, §1, 72 Stat. 1691; Nov. 11, 1977, Pub. L. 95–167, §1(a), 91 Stat. 1347.
  36:882. Sept. 2, 1958, Pub. L. 85–870, §§2, 4(1), 72 Stat. 1691.
  36:884(1).  

This section is substituted for the source provisions for consistency in the revised title and to eliminate executed and unnecessary words. The text of 36:881(b) is omitted as unnecessary because of the restatement.

The text of 36:882 is omitted as executed and obsolete.

§30102. Purposes

The purposes of the corporation are—

(1) to assist individuals throughout the United States in solving their social and economic problems and in their health and educational and character development;

(2) to promote the use, by other lay and professional agencies and workers, of the techniques of that assistance developed by the corporation; and

(3) to receive, invest, and disburse funds and hold property for the purposes of the corporation.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1314.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
30102 36:883. Sept. 2, 1958, Pub. L. 85–870, §3, 72 Stat. 1691; Nov. 11, 1977, Pub. L. 95–167, §1(b), 91 Stat. 1347.

In clause (1), the words "aid" and "of America" are omitted as unnecessary.

Clause (2) is substituted for "to promote the use of the techniques of such assistance developed by the corporation, by other lay and professional agencies and workers" for clarity.

§30103. Membership

(a) Eligibility.—Except as provided in this chapter, eligibility for membership in the corporation and the rights, privileges, and designation of classes of members are as provided in the constitution and bylaws of the corporation.

(b) Voting.—Each member has one vote on each matter submitted to a vote at a meeting of the members.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1315.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
30103 36:886. Sept. 2, 1958, Pub. L. 85–870, §6, 72 Stat. 1692.

In subsection (a), the words "are as provided in the constitution and bylaws of the corporation" are substituted for "shall . . . be determined as the constitution and bylaws of the corporation may provide" for consistency in the revised title and to eliminate unnecessary words.

In subsection (b), the words "the right to" are omitted as unnecessary.

§30104. Governing body

(a) Board of Directors.—(1) The board of directors is the governing body of the corporation. The powers, duties, and responsibilities of the board are as provided in the constitution and bylaws of the corporation.

(2) The number of directors is as provided in the constitution. Their manner of selection (including the filling of vacancies) and their term of office are as provided in the constitution and bylaws.

(b) Officers.—(1) The officers of the corporation are a chairman of the board of directors, a president, one or more vice presidents as provided in the constitution and bylaws, a secretary, and a treasurer.

(2) The manner of election, term of office, and duties of the officers are as provided in the constitution and bylaws.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1315.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
30104(a) 36:887. Sept. 2, 1958, Pub. L. 85–870, §7, 72 Stat. 1692; Nov. 11, 1977, Pub. L. 95–167, §1(d), 91 Stat. 1347.
30104(b) 36:888. Sept. 2, 1958, Pub. L. 85–870, §8, 72 Stat. 1693.

In subsection (a), the text of 36:887(a) is omitted as executed and obsolete. In paragraph (1), the word "governing" is substituted for "managing" for consistency in the revised title.

§30105. Powers

The corporation may—

(1) adopt and amend a constitution and bylaws for the management of its property and the regulation of its affairs;

(2) adopt and alter a corporate seal;

(3) choose officers, managers, agents, and employees as the activities of the corporation require;

(4) make contracts;

(5) acquire, own, lease, encumber, and transfer property as necessary or convenient to carry out the purposes of the corporation;

(6) borrow money, issue instruments of indebtedness, and secure its obligations by granting security interests in its property; and

(7) sue and be sued.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1315.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
30105 36:884(2)–(9). Sept. 2, 1958, Pub. L. 85–870, §4(2)–(9), 72 Stat. 1691.
  36:896. Sept. 2, 1958, Pub. L. 85–870, §16, 72 Stat. 1695; Nov. 11, 1977, Pub. L. 95–167, §1(f), 91 Stat. 1347.

In this section, the text of 36:896 is omitted as executed and obsolete.

In clause (1), the words "and alter" and "not inconsistent with the laws of the United States or any State in which the corporation is to operate" are omitted as unnecessary.

In clause (2), the word "use" is omitted as unnecessary.

In clause (3), the word "activities" is substituted for "business" for consistency in the revised title.

In clause (4), the words "make contracts" are substituted for "contract and be contracted with" to eliminate unnecessary words.

Clause (5) is substituted for "take by lease, gift, purchase, grant, devise, or bequest from any private corporation, association, partnership, firm, or individual and to hold any property, real, personal, or mixed, necessary or convenient for attaining the objects and carrying into effect the purposes of the corporation" and "transfer, convey, lease, sublease, encumber, and otherwise alienate real, personal, or mixed property" for consistency in the revised title and to eliminate unnecessary words. The words "subject, however, to applicable provisions of law of any State (A) governing the amount or kind of property which may be held by, or (B) otherwise limiting or controlling the ownership of property by, a corporation operating in such State" are omitted as unnecessary.

In clause (6), the words "instruments of indebtedness" are substituted for "bonds" for consistency in the revised title. The words "secure its obligations by granting security interests in its property" are substituted for "secure the same by mortgage, deed of trust, pledge, or otherwise" to eliminate unnecessary words. The words "for the purposes of the corporation", "therefor", and "subject in every case to all applicable provisions of Federal and State laws" are omitted as unnecessary.

In clause (7), the words "complain, and defend in any court of competent jurisdiction" are omitted as unnecessary.

§30106. Exclusive right to names, seals, emblems, and badges

The corporation and its subordinate divisions have the exclusive right to use the names "The Big Brothers of America, Big Sisters International, Incorporated", "Big Sisters of America", "Big Brothers", "Big Sisters", "Big Brothers—Big Sisters of America", and "Big Sisters—Big Brothers", and to use and to allow others to use seals, emblems, and badges the corporation adopts.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1315.)

Historical and Revision Notes
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, 1977, Pub. L. 95–167, §1(e), 91 Stat. 1347.

The word "sole" is omitted as included in "exclusive". The words "or refuse" are omitted as unnecessary. The words "the corporation adopts" are substituted for "as have heretofore been used by the predecessor New York corporation, Big Brothers of America, Incorporated, described in section 896(a) of this title, and by the District of Columbia corporation, Big Sisters International, Incorporated, described in section 896(b) of this title, and the right to which may be transferred to the corporation" for consistency in the revised title.

§30107. Restrictions

(a) Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend.

(b) Political Activities.—The corporation or a director or officer as such may not contribute to, support, or assist a political party or candidate for public office.

(c) Distribution of Income or Assets.—The income or assets of the corporation may not inure to the benefit of, or be distributed to, a director, officer, or member as such during the life of the corporation or on its dissolution or final liquidation. This subsection does not prevent the payment of compensation to an officer in an amount approved by the board of directors.

(d) Loans.—The corporation may not make a loan or advance to a director, officer, or employee. Directors who vote for or assent to making a loan or advance to a director, officer, or employee, and officers who participate in making the loan or advance, are jointly and severally liable to the corporation for the amount of the loan or advance until it is repaid.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1315.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
30107(a) 36:892. Sept. 2, 1958, Pub. L. 85–870, §§9, 10, 12, 72 Stat. 1693, 1694.
30107(b) 36:890.  
30107(c) 36:889(a).  
30107(d) 36:889(b).  

In subsection (a), the words "any shares of" are omitted as unnecessary.

In subsection (c), the words "inure to the benefit of" are substituted for "inure to" for consistency in the revised title.

In subsection (d), the words "or advance" are added in 2 places for consistency in the subsection.

§30108. Principal office

The principal office of the corporation shall be in Philadelphia, Pennsylvania, or another place decided by the board of directors. However, the activities of the corporation are not confined to the place where the principal office is located but may be conducted throughout the States, territories, and possessions of the United States.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1316.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
30108 36:885(a). Sept. 2, 1958, Pub. L. 85–870, §5(a), 72 Stat. 1692; Nov. 11, 1977, Pub. L. 95–167, §1(c), 91 Stat. 1347.

The word "various" is omitted as unnecessary.

§30109. Records and inspection

(a) Records.—The corporation shall keep—

(1) correct and complete records of account;

(2) minutes of the proceedings of its members, board of directors, and committees having any of the authority of its board of directors; and

(3) at its principal office, a record of the names and addresses of its members entitled to vote.


(b) Inspection.—A member entitled to vote, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1316.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
30109 36:893. Sept. 2, 1958, Pub. L. 85–870, §13, 72 Stat. 1694.

The word "records" is substituted for "books and records" for consistency in the revised title and with other titles of the United States Code.

§30110. Service of process

The corporation shall have a designated agent in the District of Columbia to receive service of process for the corporation. Notice to or service on the agent, or mailed to the business address of the agent, is notice to or service on the corporation.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1316.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
30110 36:885(b). Sept. 2, 1958, Pub. L. 85–870, §5(b), 72 Stat. 1692.

The words "at all times" are omitted as unnecessary.

§30111. Liability for acts of officers and agents

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

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1316.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
30111 36:891. Sept. 2, 1958, Pub. L. 85–870, §11, 72 Stat. 1694.

§30112. Distribution of assets on dissolution or final liquidation

On dissolution or final liquidation of the corporation, any assets remaining after the discharge of all liabilities shall be distributed as provided by the board of directors, but in compliance with the constitution and bylaws of the corporation.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1316.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
30112 36:897. Sept. 2, 1958, Pub. L. 85–870, §17, 72 Stat. 1695.

The word "satisfaction" is omitted as included in "discharge", and the word "obligations" is omitted as included in "liabilities". The words "outstanding" and "all Federal and State laws applicable thereto" are omitted as unnecessary.

CHAPTER 303—BLINDED VETERANS ASSOCIATION

Sec.
30301.
Organization.
30302.
Purposes.
30303.
Membership.
30304.
Governing body.
30305.
Powers.
30306.
Exclusive right to name, seals, emblems, and badges.
30307.
Restrictions.
30308.
Principal office.
30309.
Records and inspection.
30310.
Service of process.
30311.
Liability for acts of officers and agents.
30312.
Distribution of assets on dissolution or final liquidation.

        

§30301. Organization

(a) Federal Charter.—Blinded Veterans Association (in this chapter, the "corporation") is a federally chartered corporation.

(b) Perpetual Existence.—Except as otherwise provided, the corporation has perpetual existence.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1317.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
30301 36:851. Aug. 27, 1958, Pub. L. 85–769, §§1, 2, 72 Stat. 922.
  36:852.  

This section is substituted for the source provision for consistency in the revised title and to eliminate unnecessary and executed words.

The text of 36:852 is omitted as executed and obsolete.

§30302. Purposes

The purposes of the corporation are—

(1) to operate as a not-for-profit corporation exclusively for charitable, educational, patriotic, and civic improvement purposes;

(2) to promote the welfare of blinded veterans so that, notwithstanding their disabilities, they may take their rightful place in the community and work with their fellow citizens toward the creation of a peaceful world;

(3) to preserve and strengthen a spirit of fellowship among blinded veterans so that they may give mutual aid and assistance to one another; and

(4) to maintain and extend the institutions of American freedom and to encourage loyalty to the Constitution and laws of the United States and of the States in which they reside.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1317.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
30302 36:853(1)–(3), (4) (less words between 1st comma and semicolon). Aug. 27, 1958, Pub. L. 85–769, §3(1)–(3), (4) (less words between 1st comma and semicolon), 72 Stat. 924.

In clause (1), the words "to operate as a not-for-profit corporation" are substituted for "To be organized and operated as a corporation not for profit . . . and such corporation is organized and shall be operated" in 36:853(4) to eliminate unnecessary words.

§30303. Membership

(a) General Membership.—An individual who served in the Armed Forces of the United States and who, in the line of duty in that service, sustained a substantial impairment of sight or vision as defined by the bylaws of the corporation is eligible for general membership in the corporation.

(b) Honorary and Associate Membership.—In addition to general membership, the corporation shall have special classes of honorary and associate membership. Eligibility for, and the rights and obligations of, those special classes are as provided in the bylaws.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1317.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
30303 36:856. Aug. 27, 1958, Pub. L. 85–769, §6, 72 Stat. 925.

In subsection (a), the word "individual" is substituted for "person" for clarity and consistency in the revised title and with other titles of the United States Code. The words "served in" are substituted for "was enlisted, drafted, inducted, or commissioned in" to eliminate unnecessary words. The words "from time to time" are omitted as unnecessary.

In subsection (b), the word "qualification" is omitted as included in "eligibility". The words "All persons who are members of any class of Blinded Veterans Association, Incorporated, on August 27, 1958 shall be members of such class of the corporation" are omitted as executed.

§30304. Governing body

(a) Board of Directors.—(1) The number of directors of the corporation shall be at least three but not more than 15. The directors shall be divided into a specified number of classes. Each class shall hold office for a definite period of years as provided in the bylaws.

(2) A majority of the directors must be present at a meeting of directors to constitute a quorum. A majority vote of the directors present at a meeting at which there is a quorum is necessary for the transaction of business.

(3) A director may be removed at any time for just and proper cause by a majority vote of a quorum of directors present at a meeting called for that purpose.

(4) A vacancy in the office of director may be filled by a majority vote of a quorum of the remaining directors present at a meeting called for that purpose. A director elected to fill a vacancy serves until the next annual meeting of the corporation.

(b) Officers.—The officers of the corporation and their manner of election, term of office, duties, and powers are as provided in the bylaws.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1317.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
30304(a) 36:857. Aug. 27, 1958, Pub. L. 85–769, §§7, 8, 72 Stat. 925.
30304(b) 36:858.  

In subsection (a)(1), the words "from time to time" are omitted as unnecessary. The words "except that the directors of Blinded Veterans Association, Incorporated, on August 27, 1958 shall be the first directors of the corporation" are omitted as executed and obsolete.

In subsection (a)(4), the word "duly" is omitted as unnecessary.

Subsection (b) is substituted for the source provision for consistency in the revised title. The words "consistent with this charter" in 36:858(b) are omitted as unnecessary.

§30305. Powers

The corporation may—

(1) adopt and amend a constitution and bylaws for the management of its property and the regulation of its affairs;

(2) adopt and alter a corporate seal;

(3) choose officers, managers, and agents as the activities of the corporation require;

(4) charge and collect membership dues;

(5) make contracts;

(6) acquire, own, lease, encumber, and transfer property as necessary or convenient to carry out the purposes of the corporation;

(7) borrow money, issue instruments of indebtedness, and secure its obligations by granting security interests in its property;

(8) sue and be sued; and

(9) do any other act necessary and proper to carry out the purposes of the corporation.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1318.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
30305 36:854. Aug. 27, 1958, Pub. L. 85–769, §§4, 16, 72 Stat. 924, 927.
  36:866.  

In this section, the text of 36:866 is omitted as executed and obsolete.

In clause (1), the words "apply, and alter" and "not inconsistent with the laws of the United States of America or any State in which the corporation is to operate" are omitted as unnecessary.

In clause (2), the word "use" is omitted as unnecessary.

In clause (3), the word "activities" is substituted for "business" for consistency in the revised title.

In clause (5), the words "make contracts" are substituted for "contract and be contracted with" to eliminate unnecessary words.

Clause (6) is substituted for "take and hold by lease, gift, purchase, grant, devise, bequest or otherwise any property real, personal, or mixed, necessary or convenient for attaining the objects of the corporation" and "transfer, lease, or convey real or personal property" for consistency in the revised title and to eliminate unnecessary words. The words "subject, however, to applicable provisions of law of any State, (a) governing the amount or kind of real and personal property which may be held by, or, (b) otherwise limiting or controlling the ownership of real and personal property by, a corporation operating in such State" are omitted as unnecessary.

Clause (7) is substituted for "borrow money for the purposes of the corporation and issue bonds or other evidences of indebtedness therefor and secure the same by mortgage or pledge subject to applicable Federal or State laws" for consistency in the revised title and to eliminate unnecessary words.

In clause (8), the words "complain and defend in any court of competent jurisdiction" are omitted as unnecessary.

In clause (9), the words "any other act" are substituted for "any and all acts" for consistency in the revised title.

§30306. Exclusive right to name, seals, emblems, and badges

The corporation and its authorized regional groups and other local subdivisions have the exclusive right to use the name "Blinded Veterans Association" and seals, emblems, and badges the corporation adopts.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1318.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
30306 36:867. Aug. 27, 1958, Pub. L. 85–769, §17, 72 Stat. 927.

The word "sole" is omitted as included in "exclusive", and the word "have" (the 2d time appearing) is omitted as included in "use". The words "duly", "in carrying out its purposes", and "lawfully" are omitted as unnecessary.

§30307. Restrictions

(a) Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend.

(b) Political Activities.—The corporation or a director or officer as such may not contribute to, support, or assist a political party or candidate for elective public office.

(c) Distribution of Income or Assets.—The income or assets of the corporation may not inure to the benefit of, or be distributed to, a director, officer, or member as such during the life of the corporation or on its dissolution or final liquidation. This section does not prevent the payment of—

(1) bona fide expenses of officers of the corporation in amounts approved by the board of directors; or

(2) appropriate aid to blinded veterans or their widows or children in carrying out the purposes of the corporation.


(d) Loans.—The corporation may not make a loan to a director, officer, or employee. Directors and officers who vote for or assent to making a loan to a director, officer, or employee, and officers who participate in making the loan, are jointly and severally liable to the corporation for the amount of the loan until it is repaid.

(e) Immunity From Liability.—Members and private individuals are not liable for the obligations of the corporation.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1318.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
30307(a) 36:862. Aug. 27, 1958, Pub. L. 85–769, §§3(4) (words between 1st comma and semicolon), 9, 10, 12, 72 Stat. 924, 926.
30307(b) 36:860.  
30307(c) 36:853(4) (words between 1st comma and semicolon).  
  36:859(a) (1st sentence words before last comma, last sentence).  
30307(d) 36:859(b).  
30307(e) 36:859(a) (1st sentence words after last comma).  

In subsection (a), the words "any shares of" are omitted as unnecessary.

In subsection (c), the words "inure to the benefit of" are substituted for "inure to" for consistency in the revised title. The text of 36:853(4) (words between 1st comma and semicolon) is omitted as unnecessary.

§30308. Principal office

The principal office of the corporation shall be in the District of Columbia or another place decided by the board of directors. However, the activities of the corporation are not confined to the place where the principal office is located but may be conducted throughout the States, territories, and possessions of the United States.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1318.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
30308 36:855(a). Aug. 27, 1958, Pub. L. 85–769, §5(a), 72 Stat. 925.

The word "various" is omitted as unnecessary. The word "States" is added for clarity and consistency in the revised title.

§30309. Records and inspection

(a) Records.—The corporation shall keep—

(1) correct and complete records of account;

(2) minutes of the proceedings of its members, board of directors, and committees having any of the authority of its board of directors; and

(3) at its principal office, a record of the names and addresses of its members, directors, and officers.


(b) Inspection.—A member, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1319.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
30309 36:863. Aug. 27, 1958, Pub. L. 85–769, §13, 72 Stat. 926.

The word "records" is substituted for "books and records" for consistency in the revised title and with other titles of the United States Code.

§30310. Service of process

The corporation shall have a designated agent in the District of Columbia to receive service of process for the corporation. Notice to or service on the agent, or mailed to the business address of the agent, is notice to or service on the corporation.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1319.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
30310 36:855(b). Aug. 27, 1958, Pub. L. 85–769, §5(b), 72 Stat. 925.

The words "at all times", "authorized", and "deemed" are omitted as unnecessary and for consistency in the revised title. The words "service of process" are substituted for "service and process" for consistency in the revised title.

§30311. Liability for acts of officers and agents

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

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1319.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
30311 36:861. Aug. 27, 1958, Pub. L. 85–769, §11, 72 Stat. 926.

§30312. Distribution of assets on dissolution or final liquidation

On dissolution or final liquidation of the corporation, any assets remaining after the discharge of all liabilities shall be transferred to the Secretary of Veterans Affairs to be applied to the care and comfort of blinded veterans.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1319.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
30312 36:865. Aug. 27, 1958, Pub. L. 85–769, §15, 72 Stat. 927; June 13, 1991, Pub. L. 102–54, §13(n)(4), 105 Stat. 278.

The word "satisfaction" is omitted as included in "discharge", and the word "obligations" is omitted as included in "liabilities". The word "outstanding" is omitted as unnecessary. The words "Secretary of Veterans Affairs" are substituted for "Department of Veterans Affairs" because under 38:303 the Secretary is the head of the Department.

CHAPTER 305—BLUE STAR MOTHERS OF AMERICA, INC.

Sec.
30501.
Definition.
30502.
Organization.
30503.
Purposes.
30504.
Membership.
30505.
Governing body.
30506.
Powers.
30507.
Exclusive right to name, seals, emblems, and badges.
30508.
Restrictions.
30509.
Principal office.
30510.
Records and inspection.
30511.
Service of process.
30512.
Liability for acts of officers and agents.
30513.
Annual report.
30514.
Distribution of assets on dissolution or final liquidation.

        

§30501. Definition

For purposes of this chapter, "Armed Forces" includes the United States Army, United States Navy, United States Marines, United States Air Force, United States Coast Guard, National Guard, United States Army Reserves, United States Navy Reserves, United States Marine Reserves, United States Air Force Reserves, United States Coast Guard Reserves, United States Naval Militia, merchant marines, and armed home guards who have served on active duty.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1319.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
30501 36:945 (last sentence). July 14, 1960, Pub. L. 86–653, §5 (last sentence), 74 Stat. 516.

Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

§30502. Organization

(a) Federal Charter.—Blue Star Mothers of America, Inc. (in this chapter, the "corporation"), is a federally chartered corporation.

(b) Place of Incorporation and Domicile.—The corporation is declared to be incorporated and domiciled in the District of Columbia.

(c) Perpetual Existence.—Except as otherwise provided, the corporation has perpetual existence.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1320.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
30502 36:941. July 14, 1960, Pub. L. 86–653, §§1, 2, 4(1), 74 Stat. 515, 516.
  36:942.

36:944(1).

This section is substituted for the source provisions for consistency in the revised title and to eliminate executed and unnecessary words. The last sentence of section 1 of the Act of July 14, 1960 (Public Law 86–653, 74 Stat. 515), is omitted as executed.

§30503. Purposes

The purposes of the corporation are patriotic, educational, social, and for service, and include—

(1) perpetuating the Blue Star Mothers of America, Inc., and the memory of all the men and women who have served our country as members of the Armed Forces;

(2) maintaining true allegiance to the Government of the United States;

(3) educating members of the corporation and others not to divulge military, naval, or other Government information;

(4) assisting in veterans' ceremonies;

(5) attending patriotic rallies and meetings;

(6) fostering true democracy;

(7) caring for unsupported mothers who gave their sons to the service of the Nation;

(8) aiding in bringing about recognition of the need for permanent civilian defense in each community and the need to be always alert against invasion of un-American activities;

(9) upholding the American institutions of freedom, justice, and equal rights; and

(10) defending the United States from all enemies.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1320.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
30503 36:943. July 14, 1960, Pub. L. 86–653, §3, 74 Stat. 515.

Before clause (1), the words "The purposes of the corporation are patriotic, educational, social, and for service, and include" are substituted for "The purposes of the corporation shall be" and "the further object of this organization shall be patriotic, educational, social, and for service" for clarity.

In clause (3), the words "members of the corporation" are substituted for "our members" for clarity.

In clause (8), the words "the need for" are substituted for "the need of", and the words "in each community" are substituted for "for each community", for clarity. The words "the need" are added for clarity. The words "to be always alert" are substituted for "to ever be alert" for clarity.

§30504. Membership

An individual is eligible for membership in the corporation if—

(1) she is a mother (meaning a woman who filled the role of birthmother, adoptive mother, step-mother, foster-mother, grandmother, or legal guardian) of a person who—

(A) is serving in the Armed Forces; or

(B) has served in, or has been honorably discharged from, the Armed Forces; and


(2) she is living in the United States or is a citizen of the United States living outside the United States.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1320; Pub. L. 112–65, §1, Dec. 13, 2011, 125 Stat. 767.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
30504 36:945 (1st sentence). July 14, 1960, Pub. L. 86–653, §5 (1st sentence), 74 Stat. 516.

In clause (1), before subclause (A), the words "(who has given a mother's care at least since the stepchild was age 13)" are substituted for "(a stepmother eligible for membership in the Blue Star Mothers of America, Inc., can claim that eligibility only if she has given a mother's care to the stepchild from the age of thirteen or under)" for clarity and to eliminate unnecessary words.

Amendments

2011—Par. (1). Pub. L. 112–65, §1(1)(A), substituted "she is a mother (meaning a woman who filled the role of birthmother, adoptive mother, step-mother, foster-mother, grandmother, or legal guardian) of a person who—" for "she is a mother, adoptive mother, or stepmother (who has given a mother's care at least since the stepchild was age 13) of a son or daughter who—" in introductory provisions.

Par. (1)(B). Pub. L. 112–65, §1(1)(B), struck out "in World War II or the Korean hostilities" after "Armed Forces".

Par. (2). Pub. L. 112–65, §1(2), inserted "or is a citizen of the United States living outside the United States" before period at end.

§30505. Governing body

(a) National Convention.—(1) The national convention is the supreme governing authority of the corporation.

(2) The national convention is composed of officers and elected representatives from the States and other local subdivisions of the corporation as provided in the constitution and bylaws. However, the form of government of the corporation must be representative of the membership at large and may not permit concentration of control in a limited number of members or in a self-perpetuating group not representative of the membership at large.

(3) The meetings of the national convention may be held in the District of Columbia or any State, territory, or possession of the United States.

(b) Officers.—The officers of the corporation and their manner of selection, term of office, and duties are as provided in the constitution and bylaws of the corporation.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1320.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
30505(a) 36:946. July 14, 1960, Pub. L. 86–653, §§6, 7, 74 Stat. 516.
30505(b) 36:947.  

In subsection (a)(2), the words "several", "always", and "thereof . . . the hands of" are omitted as unnecessary.

In subsection (a)(3), the words "State, territory, or possession of the United States" are substituted for "State or Territory" for consistency in the revised title and with other titles of the United States Code.

Subsection (b) is substituted for the source provision for consistency in the revised title.

§30506. Powers

The corporation may—

(1) adopt and amend a constitution and bylaws for the management of its property and the regulation of its affairs;

(2) adopt and alter a corporate seal;

(3) choose officers, managers, employees, and agents as the activities of the corporation require;

(4) make contracts;

(5) acquire, own, lease, encumber, and transfer property as necessary or convenient to carry out the purposes of the corporation;

(6) borrow money, issue instruments of indebtedness, and secure its obligations by granting security interests in its property;

(7) sue and be sued; and

(8) do any other act necessary and proper to carry out the purposes of the corporation.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1321.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
30506 36:944(2)–(10). July 14, 1960, Pub. L. 86–653, §4(2)–(10), 74 Stat. 516.

In clause (1), the word "alter" is omitted as included in "amend". The words "not inconsistent with the laws of the United States or of any State in which the corporation is to operate" are omitted as unnecessary.

In clause (2), the word "use" is omitted as unnecessary.

In clause (4), the words "make contracts" are substituted for "to contract and be contracted with" for consistency in the revised title and to eliminate unnecessary words.

Clause (5) is substituted for "take by lease, gift, purchase, grant, devise, or bequest from any public body or agency or any private corporation, association, partnership, firm, or individual and to hold absolutely or in trust for any of the purposes of the corporation any property, real, personal, or mixed, necessary or convenient for attaining the objects and carrying into effect the purposes of the corporation" and "transfer, convey, lease, sublease, mortgage, encumber and otherwise alienate real, personal, or mixed property" for consistency in the revised title and to eliminate unnecessary words. The words "subject, however, to applicable provisions of law of any State (A) governing the amount of or kind of property which may be held by, or (B) otherwise limiting or controlling the ownership of property by, a corporation operating in such State" are omitted as unnecessary.

In clause (6), the words "for the purpose of the corporation" are omitted as unnecessary. The words "issue instruments of indebtedness, and secure its obligations by granting security interests in its property" are substituted for "issue bonds therefor, and secure the same by mortgage, deed of trust, pledge, or otherwise" for consistency in the revised title. The words "subject in every case to all applicable provisions of Federal and State laws" are omitted as unnecessary.

In clause (7), the words "complain and defend in any court of competent jurisdiction" are omitted as unnecessary.

§30507. Exclusive right to name, seals, emblems, and badges

The corporation and its subordinate divisions have the exclusive right to use the name "Blue Star Mothers of America, Inc.". The corporation has the exclusive right to use, and to allow others to use, seals, emblems, and badges the corporation adopts.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1321.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
30507 36:956. July 14, 1960, Pub. L. 86–653, §16, 74 Stat. 518.

The word "sole" is omitted as included in "exclusive". The words "and no other organization shall use the name 'Blue Star Mothers of America, Inc.' " are omitted as unnecessary. The words "and to allow others to use" are substituted for "or to allow or refuse the use of" for consistency in the revised title. The words "the corporation adopts" are substituted for "as have heretofore been used by the Blue Star Mothers of America" for consistency in the revised title.

§30508. Restrictions

(a) Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend.

(b) Political Activities.—The corporation or an officer or agent as such may not contribute to a political party or candidate for public office.

(c) Distribution of Income or Assets.—The income or assets of the corporation may not inure to the benefit of, or be distributed to, an officer or member as such during the life of the corporation or on its dissolution or final liquidation. This subsection does not prevent the payment of compensation to an officer or reimbursement for actual necessary expenses in amounts approved by the council of administration of the corporation.

(d) Loans.—The corporation may not make a loan or advance to an officer or employee. Members of the council of administration who vote for or assent to making a loan or advance to an officer or employee, and officers who participate in making the loan or advance, are jointly and severally liable to the corporation for the amount of the loan or advance until it is repaid.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1321.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
30508(a) 36:952. July 14, 1960, Pub. L. 86–653, §§9, 10, 12, 74 Stat. 517.
30508(b) 36:950.  
30508(c) 36:949(a).  
30508(d) 36:949(b).  

In subsection (a), the words "any shares of" are omitted as unnecessary.

In subsections (c) and (d), the reference to the "council of administration" is retained although 36:946 and 947 (restated in section 30505 of the revised title) do not create a governing body called a "council of administration."

In subsection (c), the words "inure to the benefit of" are substituted for "inure to", and the words "This subsection does not prevent" are substituted for "Nothing in this subsection, however, shall be construed to prevent", for consistency in the revised title.

In subsection (d), the words "or advance" are added in 2 places for consistency in the subsection.

§30509. Principal office

The principal office of the corporation shall be in the District of Columbia.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1321.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
30509 36:948 (1st sentence 1st–14th words). July 14, 1960, Pub. L. 86–653, §8 (1st sentence 1st–14th words), 74 Stat. 517.

§30510. Records and inspection

(a) Records.—The corporation shall keep—

(1) correct and complete records of account; and

(2) minutes of the proceedings of its national conventions and council of administration.


(b) Inspection.—A member, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1321.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
30510 36:953. July 14, 1960, Pub. L. 86–653, §13, 74 Stat. 518.

The word "records" is substituted for "books and records" for consistency in the revised title and with other titles of the United States Code.

In subsection (a), the reference to the "council of administration" is retained although 36:946 and 947 (restated in section 30505 of the revised title) do not create a governing body called a "council of administration."

§30511. Service of process

The corporation shall have a designated agent in the District of Columbia to receive service of process, notice, or demand for the corporation. Designation of the agent shall be filed in the office of the Mayor of the District of Columbia or another office designated by the Mayor. Notice to or service on the agent is notice to or service on the corporation.

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

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
30511 36:948 (1st sentence 15th–last words, 2d, last sentences). July 14, 1960, Pub. L. 86–653, §8 (1st sentence 15th–last words, 2d, last sentences), 74 Stat. 517.

The words "at all times" and "authorized" are omitted as unnecessary. The words "Designation of the agent shall be filed" are substituted for "The corporation shall file . . . a statement designating the initial and each successor registered agent of the corporation and the initial and each successor registered office of the corporation immediately following any such designation" for consistency in the revised title and to eliminate unnecessary words. The words "office of Mayor of the District of Columbia" are substituted for "Commissioners of the District of Columbia" in section 8 of the Act of July 14, 1960 (Public Law 86–653, 74 Stat. 517), because under section 401 of Reorganization Plan No. 3 of 1967 (5 App. U.S.C.), the functions of the Board of Commissioners of the District of Columbia were transferred to the Commissioner of the District of Columbia, and under sections 421 and 711 of the District of Columbia Self-Government and Governmental Reorganization Act (Public Law 93–198, 87 Stat. 789, 818), the office of Commissioner of the District of Columbia was abolished and replaced by the office of Mayor of the District of Columbia. The words "Notice to or service on the agent is notice to or service on the corporation" are substituted for "service of such process, notice, or demand required or permitted by law to be served upon the corporation may be served upon such agent" for consistency in the revised title and to eliminate unnecessary words.

§30512. Liability for acts of officers and agents

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

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

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
30512 36:951. July 14, 1960, Pub. L. 86–653, §11, 74 Stat. 517.

§30513. Annual report

Not later than March 1 of each year, the corporation shall submit a report to Congress on the activities of the corporation during the prior fiscal year. The report may consist of a report of the proceedings of the national convention. The report may not be printed as a public document.

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

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
30513 36:955. July 14, 1960, Pub. L. 86–653, §15, 74 Stat. 518.

The words "covering such fiscal year" are omitted as unnecessary.

Termination of Reporting Requirements

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 of Title 31, Money and Finance, and page 198 of House Document No. 103–7.

§30514. Distribution of assets on dissolution or final liquidation

On dissolution or final liquidation of the corporation, any assets remaining after the discharge of all liabilities shall be distributed as provided by the national executive board, but in compliance with the constitution and bylaws of the corporation.

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

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
30514 36:957. July 14, 1960, Pub. L. 86–653, §17, 74 Stat. 518.

The word "satisfaction" is omitted as included in "discharge", and the word "obligations" is omitted as included in "liabilities". The word "outstanding" is omitted as unnecessary. The words "as provided by" are substituted for "in accordance with the determination of" for consistency in the revised title. The reference to the "national executive board" is retained although 36:946 and 947 (restated in section 30505 of the revised title) do not create a governing body called a "national executive board." The words "all Federal and State laws applicable thereto" are omitted as unnecessary.

CHAPTER 307—BOARD FOR FUNDAMENTAL EDUCATION

Sec.
30701.
Organization.
30702.
Purpose.
30703.
Membership.
30704.
Governing body.
30705.
Powers.
30706.
Exclusive right to name, seals, emblems, and badges.
30707.
Restrictions.
30708.
Principal office.
30709.
Records and inspection.
30710.
Service of process.
30711.
Liability for acts of officers and agents.
30712.
Distribution of assets on dissolution or final liquidation.

        

§30701. Organization

(a) Federal Charter.—Board for Fundamental Education (in this chapter, the "corporation") is a federally chartered corporation.

(b) Perpetual Existence.—Except as otherwise provided, the corporation has perpetual existence.

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

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
30701 36:501. July 19, 1954, ch. 536, §§1, 2, 68 Stat. 489.
  36:502.  

This section is substituted for the source provisions for consistency in the revised title and to eliminate executed and unnecessary words.

The text of 36:502 is omitted as executed and obsolete.

§30702. Purpose

The purpose of the corporation is to foster the development of fundamental education through programs and projects such as—

(1) giving citizens (children, youth, and adults) an opportunity to acquire the understandings and skills necessary to relate the resources of the community to the needs and interests of the community;

(2) demonstrating programs of fundamental education and measuring results; and

(3) training men and women as leaders in fundamental education by providing internships and other experiences.

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

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
30702 36:503. July 19, 1954, ch. 536, §3, 68 Stat. 490.

Before clause (1), the word "objects" is omitted as unnecessary.

§30703. Membership

(a) Eligibility.—Except as provided in this chapter, eligibility for membership in the corporation and the rights and privileges of members are as provided in constitution and bylaws of the corporation.

(b) Voting.—Each member has one vote in the conduct of official business of the corporation.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1323.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
30703 36:506. July 19, 1954, ch. 536, §6, 68 Stat. 491.

§30704. Governing body

(a) Board of Directors.—The board of directors is the governing body of the corporation. The board shall consist of at least 15 directors elected annually by the members.

(b) Officers.—The officers of the corporation are a chairman of the board, a president, one or more vice presidents, a secretary, a treasurer, and any assistant officers designated by the board. The officers have the powers and shall carry out the duties provided in the bylaws or prescribed by the board.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1323.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
30704(a) 36:507. July 19, 1954, ch. 536, §§7, 8, 68 Stat. 491.
30704(b) 36:508.  

In subsection (a), the words "The board of directors is the governing body of the corporation" are substituted for "The corporation shall be governed by a board of directors" for consistency in the revised title.

In subsection (b), the words "from time to time" are omitted as unnecessary.

§30705. Powers

The corporation may—

(1) adopt and amend a constitution and bylaws for the management of its property and the regulation of its affairs;

(2) adopt and alter a corporate seal;

(3) choose officers, managers, agents, and employees as the activities of the corporation require;

(4) make contracts;

(5) acquire, own, lease, encumber, and transfer property as necessary to carry out the purposes of the corporation;

(6) borrow money, issue instruments of indebtedness, and secure its obligations by granting security interests in its property;

(7) use corporate funds to give prizes, awards, loans, scholarships, and grants to deserving students to carry out the purpose of the corporation;

(8) publish a magazine and other publications;

(9) sue and be sued; and

(10) do any other act necessary and proper to carry out the purpose of the corporation.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1323.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
30705 36:504. July 19, 1954, ch. 536, §4, 68 Stat. 490.

In clause (1), the word "amend" is substituted for "alter" for consistency in the revised title. The words "not inconsistent with the laws of the United States or any State in which the corporation is to operate" are omitted as unnecessary.

In clause (2), the word "use" is omitted as unnecessary.

In clause (4), the words "make contracts" are substituted for "contract and be contracted with" to eliminate unnecessary words.

Clause (5) is substituted for "take and hold by lease, gift, purchase, grant, devise, or bequest any property, real or personal, necessary for attaining the objects of accomplishing the purposes of the corporation" and "transfer and convey real or personal property" for consistency in the revised title and to eliminate unnecessary words. The words "subject to applicable provisions of law of any State (A) governing the amount or kind of real and personal property which may be held by, or (B) otherwise limiting or controlling the ownership of real and personal property by, a corporation operating in such State" are omitted as unnecessary.

In clause (6), the words "for the purposes of the corporation" are omitted as unnecessary. The words "issue instruments of indebtedness and secure its obligations by granting security interests in its property" are substituted for "issue bonds therefor, and secure the same by mortgage" for consistency in the revised title. The words "subject to all applicable provisions of Federal or State law" are omitted as unnecessary.

In clause (9), the words "complain and defend in any court of competent jurisdiction" are omitted as unnecessary.

In clause (10), the words "any other act" are substituted for "any and all acts and things" for consistency in the revised title.

§30706. Exclusive right to name, seals, emblems, and badges

The corporation has the exclusive right to use the name "Board for Fundamental Education" and seals, emblems, and badges the corporation adopts.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1323.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
30706 36:516. July 19, 1954, ch. 536, §16, 68 Stat. 492.

The word "sole" is omitted as included in "exclusive". The words "as representing such corporation" and "lawfully" are omitted as unnecessary.

§30707. Restrictions

(a) Profit.—The corporation may not engage in business for profit.

(b) Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend.

(c) Political Activities.—The corporation or a director, officer, or member as such may not contribute to, support, or assist a political party or candidate for elective public office.

(d) Distribution of Income or Assets.—The income or assets of the corporation may not inure to the benefit of, or be distributed to, a director, officer, or member except on dissolution or final liquidation of the corporation.

(e) Loans.—The corporation may not make a loan to a director, officer, or employee. Directors who vote for or assent to making a loan to a director, officer, or employee, and officers who participate in making the loan, are jointly and severally liable to the corporation for the amount of the loan until it is repaid.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1323.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
30707(a) 36:512 (words after comma). July 19, 1954, ch. 536, §§9, 10, 12, 68 Stat. 491.
30707(b) 36:512 (words before comma).  
30707(c) 36:510.  
30707(d) 36:509(a).  
30707(e) 36:509(b).  

In subsection (a), the word "pecuniary" is omitted as unnecessary.

In subsection (b), the words "any shares of" are omitted as unnecessary.

In subsection (d), the words "inure to the benefit of" are substituted for "inure to" for consistency in the revised title. The words "as provided in section 515 of this title" are omitted as unnecessary.

§30708. Principal office

The principal office of the corporation shall be in a place the board of directors decides is appropriate. However, the activities of the corporation may be conducted throughout the States, territories, and possessions of the United States.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1324.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
30708 36:505 (1st, last sentences). July 19, 1954, ch. 536, §5 (1st, last sentences), 68 Stat. 490.

§30709. Records and inspection

(a) Records.—The corporation shall keep—

(1) correct and complete records of account;

(2) minutes of the proceedings of its members, board of directors, and committees having any of the authority of its board of directors; and

(3) a record of the names and addresses of its members entitled to vote.


(b) Inspection.—A member, or an agent or attorney of the member, may inspect the records of the corporation at any reasonable time.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1324.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
30709 36:513. July 19, 1954, ch. 536, §13, 68 Stat. 491.

The word "records" is substituted for "books and records" for consistency in the revised title and with other titles of the United States Code.

§30710. Service of process

(a) District of Columbia.—The corporation shall have a designated agent in the District of Columbia to receive service of process for the corporation. Designation of the agent shall be filed in the office of the clerk of the United States District Court for the District of Columbia. Notice to or service on the agent, or mailed to the business address of the agent, is notice to or service on the corporation.

(b) States, Territories, and Possessions.—As a condition to the exercise of any power or privilege granted by this chapter, the corporation shall file, with the secretary of state or other designated official of each State, territory, or possession of the United States in which the corporation does business, the name and address of an agent in that State, territory, or possession on whom legal process or demands against the corporation may be served.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1324.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
30710(a) 36:505 (2d, 3d sentences). July 19, 1954, ch. 536, §§5 (2d, 3d sentences), 17, 68 Stat. 490, 492.
30710(b) 36:517.  

In subsection (a), the word "have" is substituted for "maintain at all times", and the word "authorized" is omitted, for consistency in the revised title and to eliminate unnecessary words. The words "is notice to or service on the corporation" are substituted for "shall be deemed sufficient notice or service upon the corporation" for consistency in the revised title.

In subsection (b), the word "precedent" is omitted as unnecessary. The words "with the secretary of state or other designated official" are substituted for "in the office of the Secretary of State, or similar office" for consistency in the revised title. The words "post office" and "authorized" are omitted as unnecessary.

§30711. Liability for acts of officers and agents

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

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1324.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
30711 36:511. July 19, 1954, ch. 536, §11, 68 Stat. 491.

§30712. Distribution of assets on dissolution or final liquidation

On dissolution or final liquidation of the corporation, any assets remaining after the discharge of all liabilities shall be used by the board of directors for the purpose stated in section 30702 of this title or be transferred to a recognized educational foundation.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1324.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
30712 36:515. July 19, 1954, ch. 536, §15, 68 Stat. 492.

The word "satisfaction" is omitted as included in "discharge", and the word "obligations" is omitted as included in "liabilities". The word "outstanding" is omitted as unnecessary.

CHAPTER 309—BOY SCOUTS OF AMERICA

Sec.
30901.
Organization.
30902.
Purposes.
30903.
Governing body.
30904.
Powers.
30905.
Exclusive right to emblems, badges, marks, and words.
30906.
Restrictions.
30907.
Annual and special meetings.
30908.
Annual report.

        

§30901. Organization

(a) Federal Charter.—Boy Scouts of America (in this chapter, the "corporation") is a body corporate and politic of the District of Columbia.

(b) Domicile.—The domicile of the corporation is the District of Columbia.

(c) Perpetual Existence.—Except as otherwise provided, the corporation has perpetual existence.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1325.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
30901 36:21. June 15, 1916, ch. 148, §§1, 2 (words before 2d comma), 39 Stat. 227.
  36:22 (words before 2d comma).  

This section is substituted for the source provisions for consistency in the revised title and to eliminate executed and unnecessary words.

§30902. Purposes

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

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1325.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
30902 36:23. June 15, 1916, ch. 148, §3, 39 Stat. 228.

§30903. Governing body

(a) Executive Board.—An executive board composed of citizens of the United States is the governing body of the corporation. The number, qualifications, and term of office of members of the board are as provided in the bylaws. A vacancy on the board shall be filled by a majority vote of the remaining members of the board.

(b) Quorum.—The bylaws may prescribe the number of members of the board necessary for a quorum. That number may be less than a majority of the entire board.

(c) Committees.—(1) The board, by resolution passed by a majority of the entire board, may designate 3 or more members of the board as an executive or governing committee. A majority of the committee is a quorum. The committee, to the extent provided in the resolution or bylaws, may—

(A) exercise the powers of the executive board in managing the activities of the corporation; and

(B) authorize the seal of the corporation to be affixed to papers that may require it.


(2) The board, by majority vote of the entire board, may appoint other standing committees. The standing committees may exercise powers as provided in the bylaws.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1325.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
30903(a) 36:25 (1st–4th sentences). June 15, 1916, ch. 148, §5 (1st–5th, 7th, 8th sentences), 39 Stat. 228.
30903(b) 36:25 (5th sentence).  
30903(c) 36:25 (7th, 8th sentences).  

In subsection (a), the text of 36:25 (3d sentence) is omitted as executed and obsolete.

In subsection (c)(1)(A), the words "have and" are omitted as unnecessary. The word "activities" is substituted for "business affairs" for consistency in the revised title.

In subsection (c)(1)(B), the words "have power to" are omitted as unnecessary.

§30904. Powers

(a) General.—The corporation may—

(1) adopt and amend bylaws and regulations, including regulations for the election of associates and successors;

(2) adopt and alter a corporate seal;

(3) have offices and conduct its activities in the District of Columbia and the States, territories, and possessions of the United States;

(4) acquire and own property as necessary to carry out the purposes of the corporation;

(5) sue and be sued within the jurisdiction of the United States; and

(6) do any other act necessary to carry out this chapter and promote the purpose of the corporation.


(b) Limitations on Exercising Certain Powers.—(1) The corporation may execute mortgages and liens on the property of the corporation only if approved by a two-thirds vote of the entire executive board at a meeting called for that purpose.

(2) The corporation may dispose in any manner of the whole property of the corporation only with the written consent and affirmative vote of a majority of the members of the corporation.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1325.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
30904(a) 36:22 (words after 2d comma). June 15, 1916, ch. 148, §§2 (words after 2d comma), 4 (words before semicolon), 5 (6th, last sentences), 39 Stat. 227, 228.
  36:24 (words before semicolon).  
30904(b)(1) 36:25 (6th sentence).  
30904(b)(2) 36:25 (last sentence).  

In subsection (a)(1), the word "make" is omitted as included in "adopt". The word "amend" is added for consistency in the revised title and because of 36:25 (6th sentence). The words "not inconsistent with the laws of the United States of America, or any State thereof" are omitted as unnecessary.

Subsection (a)(2) is substituted for "to adopt a seal, and the same to alter and destroy at pleasure" for consistency in the revised title.

In subsection (a)(3), the word "activities" is substituted for "business and affairs", and the words "in the District of Columbia and the States, territories, and possessions of the United States" are substituted for "within and without the District of Columbia and in the several States and Territories of the United States", for consistency in the revised title and to eliminate unnecessary words.

Subsection (a)(4) is substituted for "hold such real and personal estate as shall be necessary for corporate purposes, and . . . receive real and personal property by gift, devise, or bequest" for consistency in the revised title and to eliminate unnecessary words. The text of 36:24 (words before semicolon) is omitted as executed and obsolete.

In subsection (a)(5), the words "in courts of law and equity" are omitted as unnecessary.

In subsection (a)(6), the words "do any other act" are substituted for "generally to do all such acts and things" for consistency in the revised title.

In subsection (b)(1), the words "to make and to amend the bylaws" are omitted as unnecessary because of subsection (a)(1) of this section. The word "execute" is substituted for "authorize and cause to be executed" to eliminate unnecessary words.

§30905. Exclusive right to emblems, badges, marks, and words

The corporation has the exclusive right to use emblems, badges, descriptive or designating marks, and words or phrases the corporation adopts. This section does not affect any vested rights.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1326.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
30905 36:27. June 15, 1916, ch. 148, §7, 39 Stat. 228.

The word "sole" is omitted as included in "exclusive". The words "to have and" and "in carrying out its purposes" are omitted as unnecessary. The words "the corporation adopts" are substituted for "now or heretofore used by the Boy Scouts" for consistency in the revised title. The words "in carrying out its program" are omitted as unnecessary. The words "This section does not affect any vested rights" are substituted for "it being distinctly and definitely understood, however, that nothing in this chapter shall interfere or conflict with established or vested rights" for consistency in the revised title and to eliminate unnecessary words.

§30906. Restrictions

(a) Profit.—The corporation may not operate for pecuniary profit to its members.

(b) Stocks and Dividends.—The corporation may not issue stock or declare or pay a dividend.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1326.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
30906 36:24 (words after semicolon). June 15, 1916, ch. 148, §4 (words after semicolon), 39 Stat. 228.

The words "certificates of" and "its object and purposes being solely of a benevolent character" are omitted as unnecessary.

§30907. Annual and special meetings

(a) Annual Meetings.—The corporation shall hold an annual meeting at a time and place as provided in the bylaws. At the meeting, the annual reports of the officers and executive board shall be presented, and members of the board shall be elected for the next year.

(b) Special Meetings.—Special meetings of the corporation may be called on notice as provided in the bylaws.

(c) Quorum.—The number of members necessary for a quorum at an annual or special meeting shall be prescribed in the bylaws.

(d) Locations.—The members and the executive board may hold meetings and keep the seal and records of the corporation in or outside the District of Columbia.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1326.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
30907 36:26. June 15, 1916, ch. 148, §6, 39 Stat. 228.

In subsection (a), the words "The corporation shall hold an annual meeting" are substituted for "An annual meeting of the incorporators, their associates and successors, shall be held once in every year after the year of incorporation" to eliminate unnecessary and executed words.

In subsection (d), the word "records" is substituted for "books, documents, and papers" for consistency in the revised title and with other titles of the United States Code.

§30908. Annual report

Not later than April 1 of each year, the corporation shall submit a report to Congress on the activities of the corporation during the prior calendar year.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1326.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
30908 36:28. June 15, 1916, ch. 148, §8, 39 Stat. 229; Aug. 30, 1964, Pub. L. 88–504, §4(1), 78 Stat. 636.

Termination of Reporting Requirements

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 of Title 31, Money and Finance, and page 198 of House Document No. 103–7.

CHAPTER 311—BOYS & GIRLS CLUBS OF AMERICA

Sec.
31101.
Organization.
31102.
Purposes.
31103.
Membership.
31104.
Governing body.
31105.
Powers.
31106.
Restrictions.
31107.
Principal office.
31108.
Records and inspection.
31109.
Service of process.
31110.
Liability for acts of officers and agents.
31111.
Distribution of assets on dissolution or final liquidation.

        

§31101. Organization

(a) Federal Charter.—Boys & Girls Clubs of America (in this chapter, the "corporation") is a federally chartered corporation.

(b) Place of Incorporation and Domicile.—The corporation is declared to be incorporated and domiciled in the District of Columbia.

(c) Perpetual Existence.—Except as otherwise provided, the corporation has perpetual existence.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1326.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
31101 36:691. Aug. 6, 1956, ch. 976, §1, 70 Stat. 1052; Dec. 10, 1991, Pub. L. 102–199, §1(2), 105 Stat. 1628.
  36:692. Aug. 6, 1956, ch. 976, §§2, 4(1), 70 Stat. 1052.
  36:694(1).  

This section is substituted for the source provisions for consistency in the revised title and to eliminate executed and unnecessary words.

§31102. Purposes

The purposes of the corporation are—

(1) to promote the health, social, educational, vocational, and character development of youth throughout the United States; and

(2) to receive, invest, and disburse funds and to hold property for the purposes of the corporation.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1327.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
31102 36:693. Aug. 6, 1956, ch. 976, §3, 70 Stat. 1052; Dec. 10, 1991, Pub. L. 102–199, §1(3), 105 Stat. 1628.

§31103. Membership

(a) Eligibility.—Except as provided in this chapter, eligibility for membership in the corporation and the rights, privileges, and designation of classes of members are as provided in the constitution and bylaws of the corporation.

(b) Voting.—Each member has one vote on each matter submitted to a vote at a meeting of the members.

(c) Benefits of Member Organizations.—Each organization that is a member of the corporation as provided in the constitution of the corporation is entitled to all the benefits of incorporation under this chapter. Those benefits cease immediately on termination of membership, whether by—

(1) resignation from the corporation; or

(2) termination of its membership by the board of directors of the corporation as provided in the constitution.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1327.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
31103(a) 36:696(a) (1st sentence). Aug. 6, 1956, ch. 976, §6, 70 Stat. 1053.
31103(b) 36:696(a) (last sentence).  
31103(c) 36:696(b).  

In subsection (a), the words "are as provided in the constitution and bylaws of the corporation" are substituted for "shall . . . be determined as the constitution and bylaws of the corporation may provide" for consistency in the revised title and to eliminate unnecessary words.

In subsection (b), the words "the right to" are omitted as unnecessary.

In subsection (c), the words "on termination of membership, whether by" are substituted for "either upon" for clarity. The words "in the event that" and "canceled or otherwise" are omitted as unnecessary.

§31104. Governing body

(a) Board of Directors.—(1) The board of directors is the governing body of the corporation. The powers, duties, and responsibilities of the board are as provided in the constitution and bylaws of the corporation.

(2) The number of directors is as provided in the constitution of the corporation. Their manner of selection (including the filling of vacancies) and their term of office are as provided in the constitution and bylaws.

(b) Officers.—(1) The officers of the corporation are a chairman of the board of directors, a president, one or more vice presidents as provided in the constitution and bylaws, a secretary, a treasurer, and one or more assistant secretaries and assistant treasurers as provided in the constitution and bylaws.

(2) The manner of election, term of office, and duties of the officers are as provided in the constitution and bylaws.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1327.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
31104(a) 36:697. Aug. 6, 1956, ch. 976, §§7, 8, 70 Stat. 1053.
31104(b) 36:698.  

In subsection (a)(1), the word "governing" is substituted for "managing" for consistency in the revised title. The text of 36:697(a) is omitted as executed and obsolete.

§31105. Powers

The corporation may—

(1) adopt and amend a constitution and bylaws for the management of its property and the regulation of its affairs;

(2) adopt and alter a corporate seal;

(3) choose officers, managers, agents, and employees as the activities of the corporation require;

(4) make contracts;

(5) acquire, own, lease, encumber, and transfer property as necessary or convenient to carry out the purposes of the corporation;

(6) borrow money, issue instruments of indebtedness, and secure its obligations by granting security interests in its property; and

(7) sue and be sued.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1327.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
31105 36:694(2)–(9). Aug. 6, 1956, ch. 976, §§4(2)–(9), 16, 70 Stat. 1052, 1056.
  36:706.  

In this section, the text of 36:706 is omitted as executed and obsolete.

In clause (1), the words "and alter" and "not inconsistent with the laws of the United States or any State in which the corporation is to operate" are omitted as unnecessary.

In clause (2), the word "use" is omitted as unnecessary.

In clause (4), the words "make contracts" are substituted for "contract and be contracted with" to eliminate unnecessary words.

Clause (5) is substituted for "take by lease, gift, purchase, grant, devise, or bequest from any private corporation, association, partnership, firm, or individual and to hold any property, real, personal, or mixed, necessary or convenient for attaining the objects and carrying into effect the purposes of the corporation" and "transfer, convey, lease, sublease, encumber and otherwise alienate real, personal or mixed property" for consistency in the revised title and to eliminate unnecessary words. The words "subject, however, to applicable provisions of law of any State (A) governing the amount or kind of property which may be held by, or (B) otherwise limiting or controlling the ownership of property by, a corporation operating in such State" are omitted as unnecessary.

In clause (6), the words "for the purposes of the corporation" are omitted as unnecessary. The words "issue instruments of indebtedness, and secure its obligations by granting security interests in its property" are substituted for "issue bonds therefor, and secure the same by mortgage, deed of trust, pledge, or otherwise" to eliminate unnecessary words. The words "subject in every case to all applicable provisions of Federal and State laws" are omitted as unnecessary.

In clause (7), the words "complain and defend in any court of competent jurisdiction" are omitted as unnecessary.

§31106. Restrictions

(a) Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend.

(b) Political Activities.—The corporation or a director or officer as such may not contribute to, support, or assist a political party or candidate for public office.

(c) Distribution of Income or Assets.—The income or assets of the corporation may not inure to the benefit of, or be distributed to, a director, officer, or member as such during the life of the corporation or on its dissolution or final liquidation. This subsection does not prevent the payment of compensation to an officer in an amount approved by the board of directors.

(d) Loans.—The corporation may not make a loan or advance to a director, officer, or employee. Directors who vote for or assent to making a loan or advance to a director, officer, or employee, and officers who participate in making the loan or advance, are jointly and severally liable to the corporation for the amount of the loan or advance until it is repaid.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1328.)

Historical and Revision Notes
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.
31106(b) 36:700.  
31106(c) 36:699(a).  
31106(d) 36:699(b).  

In subsection (a), the words "any shares of" are omitted as unnecessary.

In subsection (c), the words "inure to the benefit of" are substituted for "inure to" for consistency in the revised title.

In subsection (d), the words "or advance" are added is 2 places for consistency in the subsection.

§31107. Principal office

The principal office of the corporation shall be in New York, New York, or another place decided by the board of directors. However, the activities of the corporation are not confined to the place where the principal office is located but may be conducted throughout the States, territories, and possessions of the United States.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1328.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
31107 36:695(a). Aug. 6, 1956, ch. 976, §5(a), 70 Stat. 1053.

The word "various" is omitted as unnecessary.

§31108. Records and inspection

(a) Records.—The corporation shall keep—

(1) correct and complete records of account;

(2) minutes of the proceedings of its members, board of directors, and committees having any of the authority of its board of directors; and

(3) at its principal office, a record of the names and addresses of its members entitled to vote.


(b) Inspection.—A member entitled to vote, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1328.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
31108 36:703. Aug. 6, 1956, ch. 976, §13, 70 Stat. 1055.

The word "records" is substituted for "books and records" for consistency in the revised title and with other titles of the United States Code.

§31109. Service of process

The corporation shall have a designated agent in the District of Columbia to receive service of process for the corporation. Notice to or service on the agent, or mailed to the business address of the agent, is notice to or service on the corporation.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1328.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
31109 36:695(b). Aug. 6, 1956, ch. 976, §5(b), 70 Stat. 1053.

The words &q