[USC02] 36 USC Ch. 2301: VETERANS OF FOREIGN WARS OF THE UNITED STATES
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36 USC Ch. 2301: VETERANS OF FOREIGN WARS OF THE UNITED STATES
From Title 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONSSubtitle II—Patriotic and National OrganizationsPart B—Organizations

CHAPTER 2301—VETERANS OF FOREIGN WARS OF THE UNITED STATES

Sec.
230101.
Organization.
230102.
Purposes.
230103.
Membership.
230104.
Powers.
230105.
Exclusive right to name, seal, emblems, and badges.
230106.
Service of process.
230107.
Annual report.

        

§230101. Organization

(a) Federal Charter.—Veterans of Foreign Wars of the United States (in this chapter, the "corporation"), a national association of veterans who as soldiers, sailors, marines, and airmen served this Nation in wars, campaigns, and expeditions on foreign soil or in hostile waters, is a federally chartered corporation.

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

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1481; Pub. L. 113–199, §1(a), Dec. 4, 2014, 128 Stat. 2058.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
230101(a) 36:111. May 28, 1936, ch. 471, §1, 49 Stat. 1390; May 29, 1953, ch. 85, §1, 67 Stat. 40.
  36:112. May 28, 1936, ch. 471, §§2, 4 (words before 4th semicolon related to perpetual succession), 49 Stat. 1390, 1391.
230101(b) 36:114 (words before 4th semicolon related to perpetual succession).  

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

In subsection (b), the words "perpetual existence" are substituted for "perpetual succession" for consistency in the revised title.


Editorial Notes

Amendments

2014—Subsec. (a). Pub. L. 113–199 substituted "veterans" for "men".

§230102. Purposes

The purposes of the corporation are fraternal, patriotic, historical, charitable, and educational, and are—

(1) to preserve and strengthen comradeship among its members;

(2) to assist worthy comrades;

(3) to perpetuate the memory and history of our dead, and to assist their surviving spouses and orphans;

(4) to maintain true allegiance to the Government of the United States, and fidelity to its Constitution and laws;

(5) to foster true patriotism;

(6) to maintain and extend the institutions of American freedom; and

(7) to preserve and defend the United States from all enemies.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1481; Pub. L. 107–242, §2, Oct. 16, 2002, 116 Stat. 1497; Pub. L. 113–199, §1(b), Dec. 4, 2014, 128 Stat. 2058.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
230102 36:113. May 28, 1936, ch. 471, §3, 49 Stat. 1391.

Editorial Notes

Amendments

2014—Par. (3). Pub. L. 113–199 substituted "surviving spouses" for "widows".

2002Pub. L. 107–242 inserted "charitable," before "and educational," in introductory provisions.

§230103. Membership

An individual is eligible for membership in the corporation only if the individual served honorably as a member of the Armed Forces of the United States—

(1) in a foreign war, insurrection, or expedition in service that—

(A) has been recognized as campaign-medal service; and

(B) is governed by the authorization of the award of a campaign badge by the United States Government;


(2) on the Korean peninsula or in its territorial waters for at least 30 consecutive days, or a total of 60 days, after June 30, 1949; or

(3) in an area which entitled the individual to receive special pay for duty subject to hostile fire or imminent danger under section 310 or 351 of title 37.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1481; Pub. L. 107–242, §1(a), Oct. 16, 2002, 116 Stat. 1497; Pub. L. 114–328, div. A, title VI, §618(g), Dec. 23, 2016, 130 Stat. 2160.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
230103 36:115. May 28, 1936, ch. 471, §5, 49 Stat. 1391; May 29, 1953, ch. 85, §2, 67 Stat. 40; Mar. 7, 1995, Pub. L. 104–3, 109 Stat. 47.

The words "is eligible for membership . . . only if" are substituted for "may not be a member . . . unless" for consistency in the revised title. The words "served honorably as a member of the armed forces of the United States" are substituted for "served honorably as a member of the Armed Forces of the United States" and "while a member of the Armed Forces of the United States, served honorably" to eliminate unnecessary words. In clause (2), the words "at least" are substituted for "not less than" for consistency in the revised title.


Editorial Notes

Amendments

2016—Par. (3). Pub. L. 114–328 inserted "or 351" after "section 310".

2002—Par. (3). Pub. L. 107–242 added par. (3).

§230104. Powers

The corporation may—

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

(2) adopt and alter a corporate seal;

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

(4) make contracts;

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

(6) establish, regulate, and discontinue subordinate State and territorial subdivisions and local chapters or posts;

(7) publish a magazine and other publications;

(8) sue and be sued; and

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

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1481.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
230104 36:114 (words before 4th semicolon less perpetual succession, words after 5th semicolon). May 28, 1936, ch. 471, §4 (words before 4th semicolon less perpetual succession, words after 5th semicolon), 6, 49 Stat. 1391.
  36:116.  

In this section, the text of 36:116 is omitted as executed and obsolete.

In clause (1), the words "apply, and administer" are omitted as unnecessary and for consistency in the revised title. 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 for consistency in the revised title.

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

Clauses (4) and (5) are substituted for "to receive, hold, own, use, and dispose of such real estate, personal property, money, contract, rights, and privileges as shall be deemed necessary and incidental for its corporate purposes" for consistency in the revised title and to eliminate unnecessary words.

In clause (8), the words "in courts of law and equity" are omitted as unnecessary.

In clause (9), 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.

§230105. Exclusive right to name, seal, emblems, and badges

The corporation has the exclusive right to use the name "Veterans of Foreign Wars of the United States" and its corporate seal and to manufacture and use emblems and badges the corporation adopts.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1482.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
230105 36:114 (words between 4th and 5th semicolons). May 28, 1936, ch. 471, §§4 (words between 4th and 5th semicolons), 7, 49 Stat. 1391.
  36:117.  

The words "sole", "to have and", and "in carrying out its purposes" in 36:117 are omitted as unnecessary. The words "as may be deemed necessary in the fulfillment of the purposes of the corporation" are omitted as unnecessary.

§230106. Service of process

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

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1482.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
230106 36:119. May 28, 1936, ch. 471, §9, 49 Stat. 1391.

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 State" for consistency in the revised title. The words "post-office" and "authorized" are omitted as unnecessary.

§230107. Annual report

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

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1482.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
230107 36:118. May 28, 1936, ch. 471, §8, 49 Stat. 1391; Aug. 30, 1964, Pub. L. 88–504, §4(10), 78 Stat. 637.

The word "submit" is substituted for "make and transmit" 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 Pub. L. 104–66, set out as a note under section 1113 of Title 31, Money and Finance, and page 207 of House Document No. 103–7.