[USC04] 36 USC Ch. 703: FORMER MEMBERS OF CONGRESS
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36 USC Ch. 703: FORMER MEMBERS OF CONGRESS
From Title 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONSSubtitle II—Patriotic and National OrganizationsPart B—Organizations

CHAPTER 703—FORMER MEMBERS OF CONGRESS

Sec.
70301.
Definition.
70302.
Organization.
70303.
Purposes.
70304.
Membership.
70305.
Governing body.
70306.
Powers.
70307.
Restrictions.
70308.
Duty to maintain tax-exempt status.
70309.
Records and inspection.
70310.
Service of process.
70311.
Liability for acts of officers and agents.
70312.
Annual report.

        

§70301. Definition

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

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1349.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
70301 36:2213. Jan. 8, 1983, Pub. L. 97–427, §14, 96 Stat. 2267.

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

§70302. Organization

(a) Federal Charter.—Former Members of Congress (in this chapter, the "corporation"), a nonprofit corporation incorporated in the District of Columbia, is a federally chartered corporation.

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

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1349.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
70302(a) 36:2201. Jan. 8, 1983, Pub. L. 97–427, §§1, 15 (last sentence), 16, 96 Stat. 2265, 2267.
70302(b) 36:2214 (last sentence).

36:2215.

Subsection (a) is substituted for the source provision for consistency in the revised title.

In subsection (b), the words "restrictions or" are omitted as unnecessary.

§70303. Purposes

The purposes of the corporation are as provided in the articles of incorporation and include the promotion of the cause of good government at the national level by improving the public understanding of Congress as an institution and strengthening its support by the public. The corporation shall function as an educational, patriotic, civic, historical, and research organization as authorized by the laws of each State in which it is incorporated.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1349.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
70303 36:2203. Jan. 8, 1983, Pub. L. 97–427, §3, 96 Stat. 2265.

The word "objects" is omitted as included in "purposes".

§70304. Membership

Eligibility for membership in the corporation and the rights and privileges of members are as provided in the bylaws.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1350.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
70304 36:2205. Jan. 8, 1983, Pub. L. 97–427, §5, 96 Stat. 2265.

§70305. Governing body

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

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

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1350.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
70305(a) 36:2206. Jan. 8, 1983, Pub. L. 97–427, §§6, 7, 96 Stat. 2265.
70305(b) 36:2207.  

The words "and in conformity with the laws of the State or States in which it is incorporated" in 36:2206 and "and in conformity with the laws of the State or States wherein it is incorporated" in 36:2207 are omitted as unnecessary.

§70306. Powers

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

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1350.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
70306 36:2202. Jan. 8, 1983, Pub. L. 97–427, §2, 96 Stat. 2265.

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

§70307. Restrictions

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

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

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

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

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

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1350.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
70307(a) 36:2208(d). Jan. 8, 1983, Pub. L. 97–427, §8, 96 Stat. 2266.
70307(b) 36:2208(c).  
70307(c) 36:2208(a).  
70307(d) 36:2208(b).  
70307(e) 36:2208(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. The word "otherwise" is omitted as unnecessary.

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

§70308. Duty to maintain tax-exempt status

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

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1350.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
70308 36:2214 (1st sentence). Jan. 8, 1983, Pub. L. 97–427, §15 (1st sentence), 96 Stat. 2267.

§70309. Records and inspection

(a) Records.—The corporation shall keep—

(1) correct and complete records of account;

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

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


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

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1350.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
70309 36:2210. Jan. 8, 1983, Pub. L. 97–427, §10, 96 Stat. 2266.

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

In subsection (a)(2), the words "having authority under the board of directors" are omitted as unnecessary.

§70310. Service of process

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

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1351.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
70310 36:2204. Jan. 8, 1983, Pub. L. 97–427, §4, 96 Stat. 2265.

§70311. Liability for acts of officers and agents

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

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1351.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
70311 36:2209. Jan. 8, 1983, Pub. L. 97–427, §9, 96 Stat. 2266.

§70312. Annual report

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

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1351.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
70312 36:2211. Jan. 8, 1983, Pub. L. 97–427, §12, 96 Stat. 2266.

Termination of Reporting Requirements

For termination, effective May 15, 2000, of reporting provisions in this section, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 200 of House Document No. 103–7.