Part B—Organizations
Statutory Notes and Related Subsidiaries
National Foundation on Fitness, Sports, and Nutrition
"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)
"(b)
"(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 [
"(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)
"SEC. 3. BOARD OF DIRECTORS OF THE FOUNDATION.
"(a)
"(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)
"(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)
"(d)
"(e)
"(f)
"(g)
"(h)
"(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 [
"(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
"(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)
"(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)
"(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)
"(c)
"(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 [
"(d)
"(e)
"SEC. 5. PROTECTION AND USES OF TRADEMARKS AND TRADE NAMES.
"(a)
"(b)
"(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)
"(b)
"(c)
"(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
§20101. Organization
(a)
(b)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20101(a) | 36:971. | Aug. 31, 1960, |
| 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.
(
| 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, |
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)
(b)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20103 | 36:976. | Aug. 31, 1960, |
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)
(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)
(2) The manner of election, term of office, and duties of the officers are as provided in the bylaws.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20104(a) | 36:977. | Aug. 31, 1960, |
| 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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20105 | 36:974(2)–(9). | Aug. 31, 1960, |
| 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)
(b)
(c)
(d)
(e)
(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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20106(a) | 36:982. | Aug. 31, 1960, |
| 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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20107 | 36:975(a). | Aug. 31, 1960, |
The word "various" is omitted as unnecessary.
§20108. Records and inspection
(a)
(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)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20108(a) | 36:983 (1st sentence). | Aug. 31, 1960, |
| 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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20109 | 36:975(b). | Aug. 31, 1960, |
§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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20110 | 36:981. | Aug. 31, 1960, |
§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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20111 | 36:985. | Aug. 31, 1960, |
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
§20201. Definition
For purposes of this chapter, "State" includes the District of Columbia and the territories and possessions of the United States.
(Added
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20201 | 36 App.:5815. | Nov. 18, 1997, |
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)
(b)
(Added
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20202(a) | 36 App.:5801. | Nov. 18, 1997, |
| 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)
(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)
(Added
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20203(a) | 36 App.:5803. | Nov. 18, 1997, |
| 20203(b) | 36 App.:5808(f). |
§20204. Membership
(a)
(b)
(Added
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20204(a) | 36 App.:5805. | Nov. 18, 1997, |
| 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
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)
(b)
(c)
(Added
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20205(a) | 36 App.:5806. | Nov. 18, 1997, |
| 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
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
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20206 | 36 App.:5802. | Nov. 18, 1997, |
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)
(b)
(c)
(d)
(Added
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20207(a) | 36 App.:5808(c). | Nov. 18, 1997, |
| 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)
(b)
(Added
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20208(a) | 36 App.:5808(e). | Nov. 18, 1997, |
| 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)
(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)
(Added
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20209 | 36 App.:5810. | Nov. 18, 1997, |
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
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20210 | 36 App.:5804. | Nov. 18, 1997, |
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
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20211 | 36 App.:5809. | Nov. 18, 1997, |
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
(Added
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20212 | 36 App.:5811. | Nov. 18, 1997, |
CHAPTER 203 —AMERICAN ACADEMY OF ARTS AND LETTERS
§20301. Organization
(a)
(b)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20301 | 36:4201. | Apr. 17, 1916, ch. 77, §1, |
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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20302 | 36:4202. | Apr. 17, 1916, ch. 77, §2, |
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.
(
| 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), |
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.
(
| 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, |
| 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.
(
| 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), |
§20306. Annual report
The corporation shall make an annual report to Congress, to be filed with the Librarian of Congress.
(
| 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), |
Statutory Notes and Related Subsidiaries
Termination of Reporting Requirements
For termination, effective May 15, 2000, of reporting provisions in this section, see section 3003 of
§20307. Nonapplication of audit requirements
The audit requirements of
(
| 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
§20501. Organization
American Chemical Society (in this chapter, the "corporation") is a federally chartered corporation.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20501 | 36:3201. | Aug. 25, 1937, ch. 762, §§1, 7, |
| 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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20502 | 36:3202. | Aug. 25, 1937, ch. 762, §2, |
§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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20503 | 36:3203 (1st sentence). | Aug. 25, 1937, ch. 762, §§3 (1st sentence), 5, |
| 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)
(b)
(c)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20504 | 36:3204. | Aug. 25, 1937, ch. 762, §4, |
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,
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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20505 | 36:3203 (last sentence). | Aug. 25, 1937, ch. 762, §3 (last sentence), |
§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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20506 | 36:3208. | Aug. 25, 1937, ch. 762, §8, |
The words "proceedings and" are omitted as unnecessary.
CHAPTER 207 —AMERICAN COUNCIL OF LEARNED SOCIETIES
§20701. Definition
For purposes of this chapter, "State" includes the District of Columbia and the territories and possessions of the United States.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20701 | 36:1913. | June 1, 1982, |
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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20702 | 36:1901. | June 1, 1982, |
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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20703 | 36:1903. | June 1, 1982, |
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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20704 | 36:1905. | June 1, 1982, |
§20705. Governing body
(a)
(b)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20705(a) | 36:1906. | June 1, 1982, |
| 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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20706 | 36:1902. | June 1, 1982, |
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)
(b)
(c)
(d)
(e)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20707(a) | 36:1908(d). | June 1, 1982, |
| 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 (
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20708 | 36:1914. | June 1, 1982, |
§20709. Records and inspection
(a)
(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)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20709 | 36:1910. | June 1, 1982, |
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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20710 | 36:1904. | June 1, 1982, |
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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20711 | 36:1909. | June 1, 1982, |
§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
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20712 | 36:1911. | June 1, 1982, |
CHAPTER 209 —AMERICAN EX-PRISONERS OF WAR
§20901. Definition
For purposes of this chapter, "State" includes the District of Columbia and the territories and possessions of the United States.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20901 | 36:2113. | Aug. 10, 1982, |
The words "the Commonwealth of Puerto Rico" are omitted as included in "the territories and possessions of the United States".
§20902. Organization
(a)
(b)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20902(a) | 36:2101. | Aug. 10, 1982, |
| 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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20903 | 36:2103. | Aug. 10, 1982, |
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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20904 | 36:2105. | Aug. 10, 1982, |
§20905. Governing body
(a)
(b)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20905(a) | 36:2106. | Aug. 10, 1982, |
| 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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20906 | 36:2102. | Aug. 10, 1982, |
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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20907 | 36:2115. | Aug. 10, 1982, |
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)
(b)
(c)
(d)
(e)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20908(a) | 36:2108(d). | Aug. 10, 1982, |
| 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.
Editorial Notes
Amendments
2006—Subsec. (c).
§20909. Duty to maintain corporate and tax-exempt status
(a)
(b)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20909(a) | 36:2108(f). | Aug. 10, 1982, |
| 20909(b) | 36:2114 (1st sentence). |
In subsection (a), the words "organized and" are omitted as unnecessary.
§20910. Records and inspection
(a)
(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)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20910 | 36:2110. | Aug. 10, 1982, |
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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20911 | 36:2104. | Aug. 10, 1982, |
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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20912 | 36:2109. | Aug. 10, 1982, |
§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
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20913 | 36:2111. | Aug. 10, 1982, |
Statutory Notes and Related Subsidiaries
Termination of Reporting Requirements
For termination, effective May 15, 2000, of reporting provisions in this section, see section 3003 of
CHAPTER 210 —AMERICAN GI FORUM OF THE UNITED STATES
§21001. Definition
For purposes of this chapter, "State" includes the District of Columbia and the territories and possessions of the United States.
(Added
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 21001 | 36 App.:5915. | Aug. 13, 1998, |
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)
(b)
(Added
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 21002(a) | 36 App.:5901. | Aug. 13, 1998, |
| 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)
(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)
(Added
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 21003(a) | 36 App.:5903. | Aug. 13, 1998, |
| 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)
(b)
(Added
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 21004(a) | 36 App.:5905. | Aug. 13, 1998, |
| 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
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)
(b)
(c)
(Added
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 21005(a) | 36 App.:5906. | Aug. 13, 1998, |
| 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
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
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 21006 | 36 App.:5902. | Aug. 13, 1998, |
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)
(b)
(c)
(d)
(Added
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 21007(a) | 36 App.:5908(c). | Aug. 13, 1998, |
| 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)
(b)
(Added
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 21008(a) | 36 App.:5908(e). | Aug. 13, 1998, |
| 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)
(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)
(Added
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 21009 | 36 App.:5910. | Aug. 13, 1998, |
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
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 21010 | 36 App.:5904. | Aug. 13, 1998, |
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
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 21011 | 36 App.:5909. | Aug. 13, 1998, |
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
(Added
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 21012 | 36 App.:5911. | Aug. 13, 1998, |
CHAPTER 211 —AMERICAN GOLD STAR MOTHERS, INCORPORATED
§21101. Definition
For purposes of this chapter, "State" includes the District of Columbia and the territories and possessions of the United States.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 21101 | 36:2413. | June 12, 1984, |
The words "the Commonwealth of Puerto Rico" are omitted as included in "the territories and possessions of the United States".
§21102. Organization
(a)
(b)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 21102(a) | 36:2401. | June 12, 1984, |
| 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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 21103 | 36:2403. | June 12, 1984, |
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)
(b)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 21104(a) | 36:2405 (words before 3d comma). | June 12, 1984, |
| 21104(b) | 36:2405 (words after 3d comma related to discrimination in membership). |
§21105. Governing body
(a)
(b)
(c)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 21105(a) | 36:2406. | June 12, 1984, |
| 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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 21106 | 36:2402. | June 12, 1984, |
The words "and subject to the laws of such State or States" are omitted as unnecessary.
§21107. Restrictions
(a)
(b)
(c)
(d)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 21107(a) | 36:2408(c). | June 12, 1984, |
| 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)
(b)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 21108(a) | 36:2408(e). | June 12, 1984, |
| 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)
(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)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 21109 | 36:2410. | June 12, 1984, |
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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 21110 | 36:2404. | June 12, 1984, |
§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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 21111 | 36:2409. | June 12, 1984, |
§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
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 21112 | 36:2411. | June 12, 1984, |
Statutory Notes and Related Subsidiaries
Termination of Reporting Requirements
For termination, effective May 15, 2000, of reporting provisions in this section, see section 3003 of
CHAPTER 213 —AMERICAN HISTORICAL ASSOCIATION
§21301. Organization
American Historical Association (in this chapter, the "corporation") is a body corporate and politic in the District of Columbia.
(
| 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"), |
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.
(
| 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"), |
§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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 21303 | 36:20 (2d sentence). | Jan. 4, 1889, ch. 20, (2d sentence), |
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.
Statutory Notes and Related Subsidiaries
Tax Exemption of Real Property
§21304. Annual meeting
The corporation may hold its annual meeting in a place the members of the corporation select.
(
| 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), |
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.
(
| 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), |
§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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 21306 | 36:20 (last sentence). | Jan. 4, 1889, ch. 20, (last sentence), |
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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 21307 | 36:20 (4th, 5th sentences). | Jan. 4, 1889, ch. 20, (4th, 5th sentences), |
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.
Statutory Notes and Related Subsidiaries
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
CHAPTER 215 —AMERICAN HOSPITAL OF PARIS
§21501. Organization
(a)
(b)
(c)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 21501 | 36:4901. | Jan. 30, 1913, ch. 21, §1, |
| 36:4909. | Jan. 30, 1913, ch. 21, §9, |
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.
(
| 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"), |
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)
(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)
(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)
(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.
(
| 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, |
| 36:4905. | Jan. 30, 1913, ch. 21, §§5, 7, 8, |
|
| 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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 21504 | 36:4902. | Jan. 30, 1913, ch. 21, §2, |
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.
(
| 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), |
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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 21506 | 36:4904 (last sentence). | Jan. 30, 1913, ch. 21, §4 (last sentence), |
§21507. Nonapplication of audit requirements
The audit requirements of
(
| 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
Editorial Notes
Amendments
2019—
§21701. Organization
(a)
(b)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 21701(a) | 36:41. | Sept. 16, 1919, ch. 59, §§1, 2, |
| 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), |
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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 21702 | 36:43. | Sept. 16, 1919, ch. 59, §3, |
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—
(i) the period from April 6, 1917, through November 11, 1918; or
(ii) any time after December 7, 1941; or
(B) a government associated with the United States during a period or time 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 or time.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 21703 | 36:45. | Sept. 16, 1919, ch. 59, §5, |
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
Editorial Notes
Amendments
2019—Par. (1)(A).
Par. (1)(B).
Par. (2).
2002—Par. (2).
1998—Par. (1)(A)(iv).
Statutory Notes and Related Subsidiaries
Findings and Sense of Congress
"(a)
"(1) Since the end of World War II, the Federal Government has designated specific periods of war, the dates of which are important for qualification for certain benefits or membership in veterans organizations established by Congress.
"(2) In between those recognized periods of war, during so-called peacetime eras, the United States military has been involved in not fewer than 12 known eras, which are unrecognized by the United States Government as periods of war, resulting in numerous United States personnel combat casualties.
"(3) Those 12 unrecognized war eras occurred at the direction of the then President of the United States, with full knowledge and consent of the then Congress.
"(4) The first of those 12 unrecognized war eras involving active United States military personnel was the Greek Civil War, fought in Greece from 1946 to 1949 between the army of the Government of Greece, supported by active military personal of the United States and the United Kingdom, and the Democratic Army of Greece, the military branch of the Communist Party of Greece.
"(5) During the Greek Civil War, one member of the Armed Forces of the United States sacrificed his life in service to the United States, and five others suffered non-combat deaths.
"(6) The second of those unrecognized war eras involving active United States military personnel was the Chinese Civil War, which occurred during the aftermath of World War II.
"(7) During the Chinese Civil War, the United States military equipped, trained, transported, and supplied the Kuomintang-led Government of the Republic of China with approximately $4,430,000,000 in its resistance to the Communist Party of China.
"(8) During the Chinese Civil War, 14 members of the Armed Forces of the United States sacrificed their lives in service to the United States, 150 non-combatants of the United States lost their lives in the war, and 51 were wounded, resulting in 215 United States military casualties.
"(9) The third unrecognized war era involving active United States military personnel is known as the Cold War.
"(10) The Cold War was a period spanning from approximately 1947 until 1991 when the Soviet Union collapsed.
"(11) Although no direct large-scale military fighting occurred between the militaries of the United States and the Soviet Union, active United States military personnel served in multiple regional conflicts during the Cold War, resulting in the deaths of not fewer than 32 members of the Armed Forces who sacrificed their lives in service to the United States and not fewer than 12 additional casualties.
"(12) The fourth unrecognized war era involving active United States military personnel is known as the China Cold War.
"(13) The China Cold War started when the Kuomintang-led Government of the Republic of China retreated to the island of Taiwan and lasted until 1972, after President Richard Nixon conducted a landmark state visit to China.
"(14) During the military operations of the China Cold War, not fewer than 16 members of the Armed Forces of the United States sacrificed their lives in service to the United States.
"(15) The fifth unrecognized war era involving active United States military personnel was the Lebanon Crisis of 1958, which involved more than 14,000 United States personnel and resulted in the death of one member of the Armed Forces who sacrificed his life in service to the United States and five non-combat deaths.
"(16) The sixth unrecognized war era involving active United States military personnel was the Bay of Pigs invasion in April 1961.
"(17) The Bay of Pigs invasion was a failed military invasion of Cuba undertaken by a United States military group sponsored by the Central Intelligence Agency that resulted in not fewer than one death of a member of the Armed Forces who sacrificed his life in service to the United States and 19 non-combat deaths.
"(18) The seventh unrecognized war era involving active United States military personnel was the Cuban Missile Crisis, which took place between October 16 and October 28, 1962.
"(19) The Cuban Missile Crisis directly related to homeland protection against the deployment of a Soviet ballistic missile in Cuba.
"(20) During the Cuban Missile Crisis, one member of the Armed Forces sacrificed his life in service to the United States and 19 others died as non-combatants.
"(21) The eighth unrecognized war era involving active United States military personnel was the Dominican Civil War in 1965.
"(22) Operations during the Dominican Civil War resulted in the deaths of 27 members of the Armed Forces who sacrificed their lives in service to the United States, 20 non-combat-related deaths, and 283 wounded.
"(23) The ninth unrecognized war era involving active United States military personnel was the Iran Hostage Crisis, which lasted from November 4, 1979, through January 20, 1981.
"(24) The Iran Hostage Crisis involved military intervention by the United States which resulted in the deaths of 8 members of the Armed Forces who sacrificed their lives in service to [the] United States.
"(25) The tenth unrecognized war era involving active United States military personnel was the Salvadoran Civil War.
"(26) The Salvadoran Civil War lasted more than 12 years, through the terms of two Presidential administrations of the United States, and resulted in the deaths of 22 members of the Armed Forces who sacrificed their lives in service to the United States, 15 non-combat deaths, and 35 other casualties.
"(27) The 11th unrecognized war era involving active United States military personnel started on April 5, 1986, when the La Belle discotheque in West Berlin, Germany, was bombed, killing two United States soldiers and wounding 79 other members of the Armed Forces, which triggered what became known as the Libyan Conflict.
"(28) The military operations of the Libyan Conflict included numerous air strikes by United States military forces and resulted in the deaths of two members of the Armed Forces who sacrificed their lives in service to the United States.
"(29) The Libyan Conflict led to the 12th unrecognized war era involving active United States military personnel, known collectively as the Persian Gulf Conflicts, which lasted from July 24, 1987, through September 26, 1988.
"(30) The Persian Gulf Conflicts involved United States military missions to protect Kuwaiti-owned oil tankers which represented the largest United States naval convoy operation since World War II.
"(31) The Persian Gulf Conflicts resulted in numerous military operations and the deaths of not fewer than 39 members of the Armed Forces who sacrificed their lives in service to the United States and 31 wounded.
"(32) Since the armistice that ended the hostilities of the Korean War on January 31, 1955, nearly 100 active United States military personnel have sacrificed their lives in service to the United States in South Korea, and more than 132 people of the United States have been wounded in-country.
"(33) Since January 1, 1947, through all of the unrecognized war eras involving active United States military personnel, not fewer than 778 combat and non-combat members of the Armed Forces have sacrificed their lives in service to the United States and not fewer than 797 have been wounded.
"(34) Since January 1, 1947, the unrecognized war eras involving active United States military personnel who were wounded and killed serving their country were administered under orders from the commander in chief and with the consent of Congress, proving that the United States has been conducting deadly wartime service to protect the country consistently since December 7, 1941.
"(35) Eligibility for membership in The American Legion is determined by Congress through the establishment of specific dates of declared and officially recognized hostilities in which United States military personnel are on active service.
"(36) The American Legion provides invaluable services to its members and supports the community of veterans who sacrificed in service of the United States.
"(37) Membership in The American Legion allows veterans to engage in public service activities, such as supporting Boys and Girls State and Nation, youth mentorship programs, and benefit assistance, career fairs, and employment assistance for veterans.
"(38) The American Legion has gone on record as supporting the 12 unrecognized war eras involving active United States military personnel since the beginning of World War II.
"(39) The American Legion has aided, assisted, and comforted the families of the men and women who were called to serve or volunteered to serve during all of the unrecognized war eras and continues to provide support to veterans of those eras.
"(40) The American Legion has commended the heroic actions of all military personnel who risked their lives in defense of freedom during each of the unrecognized war eras involving active United States military personnel.
"(b)
§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.
(
| 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), |
| 36:47. | Sept. 16, 1919, ch. 59, §7, |
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.
Editorial Notes
Amendments
2011—Pars. (5) to (9).
§21704A. Nondiscrimination
The requirements for holding a staff position in the corporation may not discriminate on the basis of race, color, religion, sex, or national origin.
(Added
§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.
(
| 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, |
| 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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 21706 | 36:46. | Sept. 16, 1919, ch. 59, §6, |
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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 21707 | 36:50. | Sept. 16, 1919, ch. 59, §9 1/2, |
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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 21708 | 36:49. | Sept. 16, 1919, ch. 59, §9, |
Statutory Notes and Related Subsidiaries
Termination of Reporting Requirements
For termination, effective May 15, 2000, of reporting provisions in this section, see section 3003 of
CHAPTER 219 —THE AMERICAN NATIONAL THEATER AND ACADEMY
§21901. Organization
(a)
(b)
(
| 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), |
| 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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 21902 | 36:3302 (last sentence). | July 5, 1935, ch. 373, §2 (last sentence), |
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.
(
| 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, |
| 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".
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 21904 | 36:3305. | July 5, 1935, ch. 373, §5, |
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)
(b)
(c)
(
| 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, |
| 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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 21906 | 36:3306. | July 5, 1935, ch. 373, §6, |
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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 21907 | 36:3309. | July 5, 1935, ch. 373, §9, |
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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 21908 | 36:3308. | July 5, 1935, ch. 373, §8, |
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
§22101. Organization
(a)
(b)
(
| 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, |
| 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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 22102 | 36:342 (1st sentence). | Sept. 20, 1950, ch. 958, §2 (1st sentence), |
§22103. Governing body
(a)
(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)
(1) to elect the secretary and the treasurer of the corporation for specified terms; and
(2) to fill vacancies until the next annual meeting.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 22103 | 36:343. | Sept. 20, 1950, ch. 958, §3, |
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
§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.
(
| 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, |
| 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)
(b)
(c)
(d)
(e)
(
| 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, |
| 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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 22106 | 36:344. | Sept. 20, 1950, ch. 958, §4, |
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.
Statutory Notes and Related Subsidiaries
National Headquarters
§22107. Records and inspection
(a)
(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)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 22107 | 36:348. | Sept. 20, 1950, ch. 958, §8, |
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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 22108 | 36:346 (last sentence). | Sept. 20, 1950, ch. 958, §6 (last sentence), |
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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 22109 | 36:346 (1st sentence). | Sept. 20, 1950, ch. 958, §6 (1st sentence), |
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
§22301. Organization
(a)
(b)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 22301 | 36:3401. | Oct. 15, 1962, |
| 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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 22302 | 36:3403. | Oct. 15, 1962, |
§22303. Membership
(a)
(b)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 22303 | 36:3406. | Oct. 15, 1962, |
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)
(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)
(2) The manner of election, term of office, and duties of the officers are as provided in the constitution and bylaws.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 22304(a) | 36:3407. | Oct. 15, 1962, |
| 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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 22305 | 36:3404(2)–(9). | Oct. 15, 1962, |
| 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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 22306 | 36:3416. | Oct. 15, 1962, |
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)
(b)
(c)
(d)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 22307(a) | 36:3412. | Oct. 15, 1962, |
| 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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 22308 | 36:3405(a). | Oct. 15, 1962, |
The words "the Commonwealth of Puerto Rico" are omitted as included in "territories, and possessions of the United States".
§22309. Records and inspection
(a)
(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)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 22309(a) | 36:3413 (1st sentence). | Oct. 15, 1962, |
| 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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 22310 | 36:3405(b). | Oct. 15, 1962, |
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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 22311 | 36:3411. | Oct. 15, 1962, |
§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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 22312 | 36:3415. | Oct. 15, 1962, |
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
§22501. Organization
(a)
(b)
(c)
(
| 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, |
| 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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 22502 | 36:93. | Feb. 24, 1925, ch. 303, §3, |
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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 22503 | 36:97. | Feb. 24, 1925, ch. 303, §7, |
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
(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.
(
| 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, |
| 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
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".
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 22505 | 36:100. | Feb. 24, 1925, ch. 303, §10, |
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)
(b)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 22506(a) | 36:98. | Feb. 24, 1925, ch. 303, §8, |
| 22506(b) | 36:96 (last sentence). | Feb. 24, 1925, ch. 303, §6 (proviso), |
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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 22507 | 36:96 (1st sentence). | Feb. 24, 1925, ch. 303, §6 (less proviso), |
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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 22508 | 36:94. | Feb. 24, 1925, ch. 303, §4, |
§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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 22509 | 36:102. | Feb. 24, 1925, ch. 303, §12, |
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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 22510 | 36:101. | Feb. 24, 1925, ch. 303, §11, |
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.
Statutory Notes and Related Subsidiaries
Termination of Reporting Requirements
For termination, effective May 15, 2000, of reporting provisions in this section, see section 3003 of
CHAPTER 227 —AMVETS (AMERICAN VETERANS)
Editorial Notes
Amendments
2002—
§22701. Organization
(a)
(b)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 22701 | 36:67. | July 23, 1947, ch. 298, §1, |
| 36:67a. | July 23, 1947, ch. 298, §§2, 4 (related to perpetual succession), 10(1), |
|
| 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.
Editorial Notes
Amendments
2002—Subsec. (a).
§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.
(
| 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), |
| 36:67b(2). | July 23, 1947, ch. 298, §3(2), |
§22703. Membership
(a)
(b)
(c)
(
| 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), |
| 22703(b) | 36:67f(1) (1st sentence). | July 23, 1947, ch. 298, §7(1) (1st sentence), |
| 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)
(b)
(1) one member elected to represent each department; and
(2) the officers of the corporation as ex officio members.
(c)
(2) The officers shall be elected by the delegates at the annual national convention.
(d)
(
| 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, |
| 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), |
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.
Editorial Notes
Amendments
2002—Subsec. (c)(1).
§22705. Powers
(a)
(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)
(
| 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), |
| 36:67g. 36:67i(2)–(5). |
||
| 22705(b) | 36:67r. | July 23, 1947, ch. 298, §19, |
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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 22706 | 36:67p. | July 23, 1947, ch. 298, §17, |
The words "sole and" and "have and" are omitted as unnecessary. The word "adopts" is substituted for "may lawfully adopt" to eliminate unnecessary words.
Editorial Notes
Amendments
2002—
§22707. Restrictions
(a)
(b)
(c)
(d)
(e)
(
| 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, |
| 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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 22708 | 36:67d(4). | July 23, 1947, ch. 298, §5(4), |
The words "as set out herein" are omitted as unnecessary.
Editorial Notes
Amendments
2002—
§22709. Records and inspection
(a)
(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)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 22709 | 36:67m. | July 23, 1947, ch. 298, §14, |
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)
(b)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 22710(a) | 36:67k. | July 23, 1947, ch. 298, §12, |
| 22710(b) | 36:67q. | July 23, 1947, ch. 298, §18, |
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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 22711 | 36:67j. | July 23, 1947, ch. 298, §11, |
§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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 22712 | 36:67h. | July 23, 1947, ch. 298, §9, |
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
§22901. Definition
For purposes of this chapter, "State" includes the District of Columbia and the territories and possessions of the United States.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 22901 | 36:3913. | Nov. 6, 1986, |
The words "the Commonwealth of Puerto Rico" are omitted as included in "the territories and possessions of the United States".
§22902. Organization
(a)
(b)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 22902(a) | 36:3901. | Nov. 6, 1986, |
| 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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 22903 | 36:3903. | Nov. 6, 1986, |
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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 22904 | 36:3905. | Nov. 6, 1986, |
§22905. Governing body
(a)
(b)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 22905(a) | 36:3906. | Nov. 6, 1986, |
| 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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 22906 | 36:3902. | Nov. 6, 1986, |
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)
(b)
(c)
(d)
(e)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 22907(a) | 36:3908(d). | Nov. 6, 1986, |
| 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)
(b)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 22908(a) | 36:3908(f). | Nov. 6, 1986, |
| 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)
(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)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 22909 | 36:3910. | Nov. 6, 1986, |
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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 22910 | 36:3904. | Nov. 6, 1986, |
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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 22911 | 36:3909. | Nov. 6, 1986, |
§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
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 22912 | 36:3911. | Nov. 6, 1986, |
Statutory Notes and Related Subsidiaries
Termination of Reporting Requirements
For termination, effective May 15, 2000, of reporting provisions in this section, see section 3003 of
CHAPTER 231 —AVIATION HALL OF FAME
§23101. Organization
(a)
(b)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 23101 | 36:4301. | July 14, 1964, |
| 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.
(
| 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, |
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)
(b)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 23103(a) | 36:4306(a). | July 14, 1964, |
| 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)
(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)
(2) The manner of election, term of office, and duties of the officers are as provided in the bylaws.
(c)(1)
(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.
(
| 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, |
| 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
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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 23105 | 36:4304(2)–(9). | July 14, 1964, |
| 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)
(b)
(c)
(d)
(e)
(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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 23106(a) | 36:4313. | July 14, 1964, |
| 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 Ohio. 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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 23107 | 36:4305(a). | July 14, 1964, |
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".
Editorial Notes
Amendments
2017—
§23108. Records and inspection
(a)
(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)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 23108 | 36:4314. | July 14, 1964, |
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
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 23109 | 36:4315(b) (2d sentence cl. (2)). | July 14, 1964, |
The word "salaries" is omitted as unnecessary.
Statutory Notes and Related Subsidiaries
Termination of Reporting Requirements
For termination, effective May 15, 2000, of reporting provisions in this section, see section 3003 of
§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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 23110 | 36:4305(b). | July 14, 1964, |
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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 23111 | 36:4312. | July 14, 1964, |
§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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 23112 | 36:4316. | July 14, 1964, |
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
Editorial Notes
Amendments
2014—
CHAPTER 301 —BIG BROTHERS—BIG SISTERS OF AMERICA
§30101. Organization
(a)
(b)
(c)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30101 | 36:881. | Sept. 2, 1958, |
| 36:882. | Sept. 2, 1958, |
|
| 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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30102 | 36:883. | Sept. 2, 1958, |
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)
(b)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30103 | 36:886. | Sept. 2, 1958, |
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)
(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)
(2) The manner of election, term of office, and duties of the officers are as provided in the constitution and bylaws.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30104(a) | 36:887. | Sept. 2, 1958, |
| 30104(b) | 36:888. | Sept. 2, 1958, |
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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30105 | 36:884(2)–(9). | Sept. 2, 1958, |
| 36:896. | Sept. 2, 1958, |
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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30106 | 36:895. | Sept. 2, 1958, |
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
§30107. Restrictions
(a)
(b)
(c)
(d)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30107(a) | 36:892. | Sept. 2, 1958, |
| 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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30108 | 36:885(a). | Sept. 2, 1958, |
The word "various" is omitted as unnecessary.
§30109. Records and inspection
(a)
(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)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30109 | 36:893. | Sept. 2, 1958, |
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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30110 | 36:885(b). | Sept. 2, 1958, |
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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30111 | 36:891. | Sept. 2, 1958, |
§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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30112 | 36:897. | Sept. 2, 1958, |
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
§30301. Organization
(a)
(b)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30301 | 36:851. | Aug. 27, 1958, |
| 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.
(
| 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, |
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)
(b)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30303 | 36:856. | Aug. 27, 1958, |
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)
(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)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30304(a) | 36:857. | Aug. 27, 1958, |
| 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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30305 | 36:854. | Aug. 27, 1958, |
| 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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30306 | 36:867. | Aug. 27, 1958, |
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)
(b)
(c)
(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)
(e)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30307(a) | 36:862. | Aug. 27, 1958, |
| 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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30308 | 36:855(a). | Aug. 27, 1958, |
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)
(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)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30309 | 36:863. | Aug. 27, 1958, |
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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30310 | 36:855(b). | Aug. 27, 1958, |
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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30311 | 36:861. | Aug. 27, 1958, |
§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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30312 | 36:865. | Aug. 27, 1958, |
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.
§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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30501 | 36:945 (last sentence). | July 14, 1960, |
Statutory Notes and Related Subsidiaries
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
§30502. Organization
(a)
(b)
(c)