Title 36—Patriotic Societies and Observances

TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES

Chap. Sec. Chap. Sec. 1. American National Red Cross ...... 1 27. Legion of Valor of the United 1A. Daughters of the American Revolu- States of America, Inc...... 631 tion ...... 18 28. National Music Council ...... 661 1B. American Historical Association ..... 20 29. Boys & Girls Clubs of America ...... 691 1C. Sons of the American Revolution ... 20a 30. Presidential Inaugural Ceremonies 721 2. Boy Scouts of America ...... 21 31. Civil War Centennial Commission 2A. Girl Scouts of America ...... 31 [Omitted or Repealed] ...... 741 3. The American Legion ...... 41 32. Veterans of World War I of the 3A. United Spanish War Veterans United States of America ...... 761 [Omitted] ...... 56 33. The Congressional Medal of Honor 3B. Marine Corps League ...... 57 Society of the United States of 4. Belleau Wood Memorial Associa- America ...... 791 tion ...... 61 34. Military Order of the Purple Heart 4A. AMVETS (American Veterans of of the United States of America .. 821 World War II, Korea, and Viet- 35. Blinded Veterans Association ...... 851 nam) ...... 67 36. Big Brothers—Big Sisters of Amer- 5. Grand Army of the Republic [Omit- ica ...... 881 ted] ...... 71 37. Jewish War Veterans, U.S.A., Na- 5A. Ladies of the Grand Army of the tional Memorial, Inc...... 911 Republic ...... 78 38. Blue Star Mothers of America ...... 941 6. United States Blind Veterans of 39. Agricultural Hall of Fame ...... 971 World War I ...... 81 40. National Woman’s Relief Corps, 6A. Disabled American Veterans ...... 90a Auxiliary to the Grand Army of 7. American War Mothers ...... 91 the Republic ...... 1001 7A. Veterans of Foreign Wars of the 41. Naval Sea Cadet Corps ...... 1041 United States ...... 111 41A. Little League Baseball, Inc...... 1071 8. American Battle Monuments Com- 42. Audits of Federally Chartered Cor- mission ...... 121 porations ...... 1101 8A. The National Yeomen F ...... 139 43. Paralyzed Veterans of America ...... 1151 8B. Navy Club of the United States of 44. United States Capitol Historical America ...... 140 Society ...... 1201 9. National Observances ...... 141 45. United Service Organizations, Inc. 1301 10. Patriotic Customs ...... 170 46. United States Holocaust Memorial 11. Civil Air Patrol ...... 201 Council ...... 1401 12. Reserve Officers Association ...... 221 47. National Ski Patrol System, Inc...... 1501 13. National Academy of Sciences ...... 251 48. Gold Star Wives of America ...... 1601 14. Future Farmers of America ...... 271 49. Italian American War Veterans of 15. Military Chaplains Association of the United States ...... 1701 the United States of America ...... 311 50. United States Submarine Veterans 16. American Society of International of World War II ...... 1801 Law ...... 341 51. American Council of Learned Soci- 17. United States Olympic Committee 371 eties ...... 1901 18. National Conference of State Soci- 52. National Federation of Music eties, Washington, District of Co- Clubs ...... 2001 lumbia ...... 401 53. American Ex-Prisoners of War ...... 2101 19. Corregidor Bataan Memorial Com- 54. Former Members of Congress ...... 2201 mission [Omitted] ...... 426 55. National Academy of Public Ad- 20. National Conference on Citizen- ministration ...... 2301 ship ...... 431 56. American Gold Star Mothers, Inc. .. 2401 21. National Safety Council ...... 461 57. Polish Legion of American Veter- 22. Pershing Hall Memorial Fund ...... 491 ans, U.S.A...... 2501 23. Board for Fundamental Education 501 58. Catholic War Veterans of the 24. Sons of Union Veterans of the Civil United States of America, Inc...... 2601 War ...... 531 59. Jewish War Veterans of the United 25. The Foundation of the Federal Bar States of America, Inc...... 2701 Association ...... 571 60. Navy Wives Clubs of America ...... 2801 26. National Fund for Medical Edu- 61. National Society, Daughters of the cation ...... 601 American Colonists ...... 2901

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Chap. Sec. Sec. 62. 369th Veterans’ Association ...... 3001 9. Endowment fund. 63. Women’s Army Corps Veterans’ As- 10 to 12. Repealed. sociation ...... 3101 13. Permanent building at headquarters in Wash- 64. American Chemical Society ...... 3201 ington, D.C. 65. The American National Theater 14. Omitted. 15. Memorial building to Women of World War I; and Academy ...... 3301 expenditures; supervision. 66. American Symphony Orchestra 16. Exchange of Government-owned cotton for League ...... 3401 articles containing wool. 67. General Federation of Women’s 17 to 17b. Repealed. Clubs ...... 3501 68. Pearl Harbor Survivors Associa- CROSS REFERENCES tion ...... 3601 Operation of American Red Cross vessels under Neu- 69. Daughters of Union Veterans of the trality Act of 1939, see section 444 of Title 22, Foreign Civil War 1861–1865 ...... 3701 Relations and Intercourse. 70. Vietnam Veterans of America, Inc. 3801 CHAPTER REFERRED TO IN OTHER SECTIONS 71. Army and Navy Union of the United States of America ...... 3901 This chapter is referred to in title 42 section 5143. 72. Non Commissioned Officers Asso- ciation of the United States of § 1. Corporation created America, Inc...... 4001 Clara Barton, Hilary A. Herbert, Thomas F. 73. National Mining Hall of Fame and Walsh, Charles C. Glover, Charles J. Bell, Mabel Museum ...... 4101 T. Boardman, George Dewey, William R. Day, 74. American Academy of Arts and Nelson A. Miles, James Tanner, William K. Van Letters ...... 4201 Reypen, John M. Wilson, Simon Wolf, James R. 75. Aviation Hall of Fame ...... 4301 Garfield, Gifford Pinchot, S. W. Woodward, Mary 76. Frederick Douglass Memorial and A. Logan, Walter Wyman, of Washington, Dis- Historical Association ...... 4401 trict of Columbia; George H. Shields, of Mis- 77. National Council on Radiation Pro- souri; William H. Taft, F. B. Loomis, Samuel tection and Measurements ...... 4501 Mather, of Ohio; Spencer Trask, Robert C. 78. National Tropical Botanical Gar- Ogden, Cleveland H. Dodge, George C. Boldt, den ...... 4601 William T. Wardwell, John G. Carlisle, George 79. Theodore Roosevelt Association ..... 4701 B. McClellan, Elizabeth Mills Reid, Margaret 80. 82nd Airborne Division Associa- Carnegie, of New York; John H. Converse, Alex- tion, Inc...... 4801 ander Mackay-Smith, J. Wilkes O’Neill, H. 81. American Hospital of Paris ...... 4901 Kirke Porter, of Pennsylvania; Richard Olney, 82. Military Order of the World Wars ... 5001 W. Murray Crane, Henry L. Higginson, William 83. Retired Enlisted Association, In- Draper, Frederick H. Gillett, of Massachusetts; corporated ...... 5101 84. National Fallen Firefighters Foun- Marshall Field, Robert T. Lincoln, Lambert dation ...... 5201 Tree, of Illinois; A. G. Kaufman, of South Caro- 85. National Education Association of lina; Alexander W. Terrell, of Texas; George the United States ...... 5301 Gray, of Delaware; Redfield Proctor, of Ver- 86. Society of American Florists and mont; John W. Foster, Noble C. Butler, Robert Ornamental Horticulturists ...... 5401 W. Miers, of Indiana; John Sharp Williams, of 87. Corporation for the Promotion of Mississippi; William Alden Smith, of Michigan; Rifle Practice and Firearms Safe- Horace Davis, W. W. Morrow, of California; Dan- ty ...... 5501 iel C. Gilman, Eugene Lovering, of Maryland; J. 88. Fleet Reserve Association ...... 5601 Taylor Ellyson, of Virginia; Daniel R. Noyes, of 89. National Film Preservation Foun- Minnesota; Emanuel Fiske, Marshall Fiske, of dation ...... 5701 Connecticut, together with five other persons to 90. Federal Charter for the Air Force be named by the President of the United States, Sergeants Association ...... 5801 one to be chosen from each of the Departments of State, War, Navy, Treasury, and Justice, CHAPTER 1—AMERICAN NATIONAL RED their associates and successors, are created a CROSS body corporate and politic in the District of Co- Sec. lumbia. 1. Corporation created. (Jan. 5, 1905, ch. 23, § 1, 33 Stat. 599; July 26, 1947, 1a. Continuation of corporation. ch. 343, title II, § 205(a), 61 Stat. 501.) 2. Name and powers of corporation. 3. Purposes of corporation. PREAMBLE 4. Repealed. 4a. Membership; status of chapters; rules and Act Jan. 5, 1905, as amended by act May 8, 1947, ch. 50, regulations governing chapters; election of §§ 1, 2, 61 Stat. 80, provided: officers. ‘‘Whereas on the twenty-second of August, eighteen 5. Board of Governors; number; election; tenure; hundred and sixty-four, at Geneva, Switzerland, pleni- filling vacancies; annual meetings; voting potentiaries respectively representing Italy, Baden, by proxy. Belgium, Denmark, Spain, Portugal, France, Prussia, 6. Annual report; audit of financial trans- Saxony, and Wurttemberg and the Federal Council of actions. Switzerland agreed upon ten articles of a treaty or con- 7. Reimbursement of Department of Defense for vention for the purpose of mitigating the evils insepa- auditing expenses. rable from war; of ameliorating the condition of sol- 8. Reservation of right to amend or repeal cer- diers wounded on the field of battle, and particularly tain sections. providing, among other things, in effect, that persons Page 3 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 3 employed in hospitals and in according relief to the § 2. Name and powers of corporation sick and wounded and supplies for this purpose shall be deemed neutral and entitled to protection; and that a The name of this corporation shall be ‘‘The distinctive and uniform flag shall be adopted for hos- American National Red Cross’’, and by that pitals and ambulances and convoys of sick and wounded name it shall have perpetual succession, with and an arm badge for individuals neutralized; and the power to sue and be sued in courts of law ‘‘Whereas the said treaty has been revised and ex- and equity, State or Federal, within the juris- tended by a treaty or convention for the amelioration diction of the United States; to have and to hold of the condition of the wounded and the sick of armies such real and personal estate as shall be deemed in the field, signed at Geneva, July 27, 1929, and adhered to by the United States of America, effective August 8, advisable and to dispose of the same, to accept 1932; and gifts, devises, and bequests of real and personal ‘‘Whereas the International Conference of Geneva of estate for the purposes of this corporation here- eighteen hundred and sixty-three recommended ‘that inafter set forth; to adopt a seal and the same to there exist in every country a committee whose mis- alter and destroy at pleasure; and to have the sion consists in cooperating in times of war with the right to have and to use, in carrying out its pur- hospital service of the armies by all means in its poses hereinafter designated, as an emblem and power;’ and badge, a Greek red cross on a white ground, as ‘‘Whereas a permanent organization is an agency the same has been described in the treaties of needed in every nation to carry out the purposes of said treaties, and especially to secure supplies and to exe- Geneva, August twenty-second, eighteen hun- cute the humane objects contemplated by said treaties, dred and sixty-four and July twenty-seventh, with the power to adopt and use the distinctive flag nineteen hundred and twenty-nine, and adopted and arm badge specified by said treaties, on which shall by the several nations acceding thereto; to or- be the sign of the Red Cross, for the purpose of cooper- dain and establish bylaws and regulations not ating with the ‘Comite´ International de Secours aux inconsistent with the laws of the United States Militaires Blesse´s’ (International Committee of Relief of America or any State thereof, and generally for the Wounded in War); and to do all such acts and things as may be nec- ‘‘Whereas in accordance with the requirements and essary to carry into effect the provisions of sec- customs of said international body such an association adopting and using said insignia was formed in the city tions 1, 2 to 6, 8, and 9 of this title and promote of Washington, District of Columbia, in July, eighteen the purposes of said organization; and the cor- hundred and eighty-one known as ‘The American Na- poration created is designated as the organizational Association of the Red Cross,’ reincorporated tion which is authorized to act in matters of re- April seventeenth, eighteen hundred and ninety-three, lief under said treaties. In accordance with the under the laws of the District of Columbia, and reincor- said treaties, the delivery of the brassard al- porated by Act of Congress in June, nineteen hundred; lowed for individuals neutralized in time of war and shall be left to military authority. ‘‘Whereas it is believed that the importance of the work demands a repeal of the present charter and a re- (Jan. 5, 1905, ch. 23, § 2, 33 Stat. 600; May 8, 1947, incorporation of the society under Government super- ch. 50, § 3, 61 Stat. 81.) vision: Now, therefore,’’. AMENDMENTS CHANGE OF NAME 1947—Act May 8, 1947, increased certain powers of cor- Department of War designated Department of the poration to accept gifts and devises of real estate. Army and title of Secretary of War changed to Sec- CROSS REFERENCES retary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July Licenses for erection and use of buildings on military 26, 1947, was repealed by section 53 of act Aug. 10, 1956, installations, see section 2670 of Title 10, Armed Forces. ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, en- Loan of equipment needed for instruction and prac- acted ‘‘Title 10, Armed Forces’’ which in sections 3010 tice to organization formed by Red Cross aiding armed to 3013 continued Department of the Army under ad- forces in war time, see section 2542 of Title 10. ministrative supervision of Secretary of the Army. SECTION REFERRED TO IN OTHER SECTIONS SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1a, 8 of this This section is referred to in sections 1a, 2, 8 of this title. title. § 3. Purposes of corporation § 1a. Continuation of corporation The purposes of the corporation are and shall The corporation now existing as The American be— First. To furnish volunteer aid to the sick and National Red Cross under sections 1, 2 to 6, 8, wounded of Armed Forces in time of war, in ac- and 9 of this title shall continue as a body cor- cordance with the spirit and conditions of the porate and politic in the District of Columbia. conference of Geneva of October, eighteen hun- The first national convention after May 8, 1947, dred and sixty-three, and also of the treaties of shall be convened and held under rules and regu- the Red Cross, or the treaties of Geneva, of Au- lations prescribed by the governing body of the gust twenty-second, eighteen hundred and sixty- corporation as presently constituted. After such four, and July twenty-seventh, nineteen hundred first national convention, the Board of Gov- and twenty-nine, to which the United States of ernors of the corporation from time to time America has given its adhesion, and also of any shall constitute the associates and successors of other treaty or convention similar in purpose to the incorporators named in said sections, and which the United States of America may here- neither the said incorporators nor any associ- after give its adhesion. ates or successors theretofore designated by Second. And for said purposes to perform all them or by their successors shall have any pow- the duties devolved upon a national society by ers or duties. each nation which has acceded to any of said (May 8, 1947, ch. 50, § 8, 61 Stat. 83.) treaties or conventions. § 4 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 4

Third. To succeed to all the rights and prop- upon payment of the sums specified from time erty which were prior to January 5, 1905, held to time in the bylaws. and to all the duties which were prior to Janu- The chapters of the American National Red ary 5, 1905, performed by the American National Cross shall be the local units of the corporation Red Cross as a corporation duly incorporated by within the States and Territories of the United Act of Congress June 6, 1900, which Act is re- States. The regulations with respect to the pealed and the organization created thereby is granting of charters to the chapters and the rev- dissolved. ocation of the same, the territorial jurisdiction Fourth. To act in matters of voluntary relief of the chapters, the relationship of the chapters and in accord with the military authorities as a to the corporation and compliance by the chap- medium of communication between the people ters with the policies and rules of the corpora- of the United States of America and their tion, shall be as determined from time to time Armed Forces, and to act in such matters be- by the Board of Governors. Such regulations tween similar national societies of other govern- shall require that each chapter shall, in the ments through the ‘‘Comite´ International de election of the governing body of the chapter Secours’’, and the Government and the people and in the selection of delegates to the national and the Armed Forces of the United States of convention of the corporation, adhere to demo- America. cratic principles of election as specified in the Fifth. And to continue and carry on a system bylaws. of national and international relief in time of (Jan. 5, 1905, ch. 23, § 4a, as added May 8, 1947, ch. peace and apply the same in mitigating the suf- 50, § 5, 61 Stat. 81.) ferings caused by pestilence, famine, fire, floods, and other great national calamities, and to de- SECTION REFERRED TO IN OTHER SECTIONS vise and carry on measures for preventing the This section is referred to in sections 1a, 2, 8 of this same. title. (Jan. 5, 1905, ch. 23, § 3, 33 Stat. 600; May 8, 1947, ch. 50, § 4, 61 Stat. 81; July 17, 1953, ch. 222, § 4(a), § 5. Board of Governors; number; election; ten- (b), 67 Stat. 179.) ure; filling vacancies; annual meetings; voting by proxy REFERENCES IN TEXT The governing body of the corporation in Act of Congress June 6, 1900, referred to in text, is act which all powers of government, direction, and June 6, 1900, ch. 784, 31 Stat. 277, which is not classified management of the corporation shall be lodged, to the Code. shall consist of a Board of Governors numbering AMENDMENTS fifty persons, to be appointed or elected in the manner following, namely: 1953—Act July 17, 1953, in first par. substituted ‘‘Armed Forces’’ for ‘‘armies’’ and, in fourth par. sub- (a) Eight Governors shall be appointed by the stituted ‘‘Armed Forces’’ for ‘‘Army and Navy’’ and President of the United States. Of the Governors struck out ‘‘and naval’’ after ‘‘military’’. so appointed, one shall be designated by the 1947—Act May 8, 1947, included the treaty of July 27, President of the United States to act as the 1929, in first and second pars. principal officer of the corporation with such title and such functions as may from time to CROSS REFERENCES time be prescribed in the bylaws; and the re- Cooperation and assistance to armed forces, see sec- mainder shall be officials of departments and tion 2602 of Title 10, Armed Forces. agencies of the Federal Government, whose posi- Operation of American Red Cross vessels under Neu- tions and interests are such as to qualify them trality Act of 1939, see section 444 of Title 22, Foreign Relations and Intercourse. to contribute toward the accomplishment of Red Cross programs and objectives. Of these at least SECTION REFERRED TO IN OTHER SECTIONS one and not more than three shall be selected This section is referred to in sections 1a, 2, 8 of this from the armed forces. title. (b) Thirty Governors shall be elected by the chapters. The Governors so elected shall be § 4. Repealed. June 25, 1948, ch. 645, § 21, 62 Stat. elected at the national convention under proce- 862 dures for nomination and election which shall be such as to insure equitable representation of all Section, acts Jan. 5, 1905, ch. 23, § 4, 33 Stat. 600; June 23, 1910, ch. 372, § 1, 36 Stat. 604, related to fraudulent the chapters, having regard to geographical con- representation or use of insignia. See sections 1, 706 and siderations, to the size of the chapters and to 917 of Title 18, Crimes and Criminal Procedure. the size of the populations served by the chapters. EFFECTIVE DATE OF REPEAL (c) Twelve Governors shall be elected by the Repeal effective Sept. 1, 1948, see section 20 of act Board of Governors as members-at-large. The June 25, 1948, set out as an Effective Date note preced- Governors so elected shall be individuals who ing section 1 of Title 18, Crimes and Criminal Proce- are representative of the national interests dure. which it is the function of the Red Cross to serve, and with which it is desirable that the § 4a. Membership; status of chapters; rules and corporation shall have close association. regulations governing chapters; election of The term of office of all Governors shall be officers three years, except that the term of office of any Membership in the American National Red Governor appointed by the President of the Cross shall be open to all the people of the United States (other than the principal officer United States, its Territories, and dependencies, of the corporation) shall expire if and when such Page 5 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 7

Governor shall retire, prior to the date on which Governors may permit the election of Governors his term as Governor would otherwise expire, by proxy at the national convention. from the official position held at the time of his (Jan. 5, 1905, ch. 23, § 5, 33 Stat. 601; Dec. 10, 1912, appointment as Governor. ch. 1, § 1, 37 Stat. 647; Mar. 3, 1921, ch. 131, § 1, 41 Of the first Board of Governors to be selected Stat. 1354; May 8, 1947, ch. 50, § 6, 61 Stat. 82.) hereunder, those Governors to be elected pursuant to subsection (b) of this section shall be AMENDMENTS elected at the first national convention following May 8, 1947, those Governors to be elected 1947—Act May 8, 1947, amended section generally, en- larging the governing board and making the method of pursuant to subsection (c) of this section shall selection of its members more democratic. be elected as soon as practicable following such 1921—Act Mar. 3, 1921, provided that the executive first national convention, and those Governors committee of the central committee should consist of to be appointed pursuant to subsection (a) of nine instead of seven persons, five of whom should be a this section shall be appointed so as to take of- quorum. fice at the same time. The Governors so elected 1912—Act Dec. 10, 1912, changed date of annual meet- pursuant to subsections (b) and (c) of this sec- ing from first Tuesday after first Monday in December tion shall be divided by lot into three classes, to Wednesday preceding second Thursday in December. the terms of which shall expire at the end of SECTION REFERRED TO IN OTHER SECTIONS one, two, and three years, respectively, so that thereafter one-third of the members of the This section is referred to in sections 1a, 2, 8 of this Board of Governors elected pursuant to sub- title. sections (b) and (c) of this section will be chosen at the time of each national convention, and § 6. Annual report; audit of financial transactions shall take office at such time or as soon as prac- The American National Red Cross shall as ticable thereafter. soon as practicable after the first day of July of The President of the United States shall fill as each year make and transmit to the Secretary soon as may be any vacancy that may occur by of Defense a report of its proceedings for the fis- death, resignation, or otherwise in the office of cal year ending June 30, next preceding, includ- the principal officer of the corporation or in the ing a full, complete, and itemized report of re- membership of the Board of Governors ap- ceipts and expenditures of whatever kind, which pointed by him. Any vacancy that may occur in report shall be duly audited by the Department the Governors elected by the chapters pursuant of Defense, and a copy of said report shall be to subsection (b) of this section or in the Gov- transmitted to Congress by the Department of ernors-at-large elected by the Board of Gov- Defense. ernors pursuant to subsection (c) of this section, shall be temporarily filled by appointment made (Jan. 5, 1905, ch. 23, § 6, 33 Stat. 602; Feb. 27, 1917, by the Board of Governors, such appointees to ch. 137, 39 Stat. 946; July 17, 1953, ch. 222, § 4(c), serve until the next national convention. 67 Stat. 179.) The Board of Governors shall have power (i) to AMENDMENTS appoint from its own members an executive committee of not less than eleven persons, who, 1953—Act July 17, 1953, substituted ‘‘Secretary of De- when the Board of Governors is not in session, fense’’ and ‘‘Department of Defense’’ for ‘‘Secretary of shall have and exercise all the powers of the War’’ and ‘‘Department of War’’, respectively. 1917—Act Feb. 27, 1917, required reports of the preced- Board of Governors, and (ii) to appoint and re- ing fiscal year to be made as soon as practicable after move, or provide for the appointment and re- first of July of each year instead of on January first of moval of, all officers and employees of the cor- each year. poration, except the principal officer designated by the President of the United States. SECTION REFERRED TO IN OTHER SECTIONS The annual meeting of the corporation shall This section is referred to in sections 1a, 2, 8 of this be the national convention of delegates of the title. chapters, which shall be held annually on such date and at such place as may be specified by § 7. Reimbursement of Department of Defense for the Board of Governors. In all matters requiring auditing expenses a vote at the national convention, each chapter shall be entitled to not less than one vote. The The American National Red Cross annually number of votes which each chapter shall be en- shall reimburse the Department of Defense for titled to cast shall be determined according to auditing its accounts, and the sum so paid shall allocation by the Board of Governors, which be covered into the Treasury of the United shall be established on an equitable basis giving States as a miscellaneous receipt. consideration both to the size of the member- (May 29, 1920, ch. 214, § 1, 41 Stat. 659; July 17, ship of the chapters and to the size of the popu- 1953, ch. 222, § 5, 67 Stat. 179.) lations in the territories served by the chapters. Such allocations shall be reviewed at least every CODIFICATION five years. Section is based upon provision appearing in act May Voting by proxy shall not be allowed at any 29, 1920, popularly known as the Executive, Legislative meeting of the Board of Governors, or at the na- and Judicial Appropriation Act for fiscal year ending tional convention, or at any meeting of the June 30, 1921. chapters: Provided, however, That in the event of any national emergency which in the opinion of AMENDMENTS the Board of Governors makes attendance at the 1953—Act July 17, 1953, substituted ‘‘Department of national convention impossible, the Board of Defense’’ for ‘‘War Department’’. § 8 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 6

§ 8. Reservation of right to amend or repeal cer- CODIFICATION tain sections Section is composed of sections 1 and 5 of act Feb. 7, Congress shall have the right to repeal, alter, 1930. Section 1 provided for erection of permanent building and section 5 for the ownership and super- or amend sections 1, 2 to 6, 8, and 9 of this title vision thereof. at any time. TRANSFER OF FUNCTIONS (Jan. 5, 1905, ch. 23, § 7, 33 Stat. 602.) Functions of Federal Works Agency and of all agen- SECTION REFERRED TO IN OTHER SECTIONS cies thereof, together with all functions of Federal This section is referred to in sections 1a, 2 of this Works Administrator transferred to Administrator of title. General Services by section 103(a) of act June 30, 1949. Federal Works Agency and office of Federal Works Ad- § 9. Endowment fund ministrator abolished by section 103(b) of that act. Sec- tion 103 is set out as section 753(b) of Title 40, Public The endowment fund of the American Na- Buildings, Property, and Works. tional Red Cross shall be kept and invested By section 5 of act Feb. 7, 1930, the permanent build- under the management and control of a board of ing was to remain under supervision of Director of Pub- nine trustees, who shall be elected from time to lic Buildings and Public Parks of National Capital. The time by the Board of Governors under such regu- office of Public Buildings and Public Parks of National lations regarding terms and tenure of office, ac- Capital abolished and its functions transferred to Office of National Parks, Buildings, and Reservations of De- countability, and expense as the Board of Gov- partment of the Interior by Ex. Ord. No. 6166. The name ernors shall prescribe. of the latter office changed to ‘‘National Park Service’’ (Jan. 5, 1905, ch. 23, § 8, as added June 23, 1910, ch. by act Mar. 2, 1934. The Branch of Buildings Manage- 372, § 2, 36 Stat. 604; amended May 8, 1947, ch. 50, ment of National Park Service, with certain other agencies, consolidated as Public Buildings Administra- § 7, 61 Stat. 83.) tion under Federal Works Agency by sections 301 and AMENDMENTS 303 of Reorg. Plan No. I of 1939, set out in the Appendix to Title 5, Government Organization and Employees. 1947—Act May 8, 1947, changed election of trustees by incorporators and their successors to election by Board EFFECTIVE DATE OF TRANSFER OF FUNCTIONS of Governors. Transfer of functions by act June 30, 1949, effective SECTION REFERRED TO IN OTHER SECTIONS July 1, 1949, see section 605 of act June 30, 1949, set out as an Effective Date note under section 471 of Title 40, This section is referred to in sections 1a, 2, 8 of this Public Buildings, Property, and Works. title. PERMANENT BUILDING FOR DISTRICT OF COLUMBIA §§ 10, 11. Repealed. July 17, 1953, ch. 222, § 6, 67 CHAPTER Stat. 179 Joint Res. July 1, 1947, ch. 195, 61 Stat. 241, as amend- Section 10, acts Apr. 24, 1912, ch. 90, § 1, 37 Stat. 90; ed Nov. 8, 1988, Pub. L. 100–637, § 1, 102 Stat. 3325, pro- June 29, 1943, ch. 176, § 1, 57 Stat. 247, related to land and vided: ‘‘That authority be, and is hereby, given to the naval forces in time of war. See section 2602 of Title 10, American National Red Cross to erect upon the south Armed Forces. half of square 104 in the city of Washington, District of Section 11, acts Apr. 24, 1912, ch. 90, § 2, 37 Stat. 91; Columbia, a permanent building for the use of the Dis- June 29, 1943, ch. 176, § 2, 57 Stat. 248, related to trans- trict of Columbia Chapter, American National Red portation, subsistence and passport fees. See section Cross, in connection with its work, in cooperation with 2602 of Title 10. the Government of the United States and its responsibilities under its charter granted by the Congress of § 12. Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A the United States. Stat. 641 ‘‘SEC. 2. That the plans of the proposed building shall first be approved by the American National Red Cross, Section, act June 3, 1916, ch. 134, § 127a, as added June the Commission of Fine Arts and the National Capital 4, 1920, ch. 227, subch. I, § 51, 41 Stat. 785; amended July Park and Planning Commission and the erection and 17, 1953, ch. 222, § 3, 67 Stat. 178, related to buildings for design thereof shall be under the supervision of the Ad- Red Cross supplies. See section 2670 of Title 10, Armed ministrator of the Federal Works Agency [now the Ad- Forces. ministrator of General Services] in accordance with the provisions of the Public Buildings Act of May 25, 1926, § 13. Permanent building at headquarters in as amended [enacting sections 341, 342, 343 to 345a, 346, Washington, D.C. and 347 of Title 40, Public Buildings, Property, and The permanent building erected upon square Works] and as hereby further amended. ‘‘SEC. 3. That the cost of the removal of the buildings 172 in the city of Washington, District of Colum- on this site shall be borne by the American National bia, for the use of the American National Red Red Cross, District of Columbia Chapter, without ex- Cross in connection with its work in cooperation pense to the United States. with the Government of the United States shall ‘‘SEC. 4. That said permanent building shall remain remain the property of the United States but the property of the United States but under the super- under the supervision of the Administrator of vision of the Administrator of the Federal Works Agen- General Services and the American National cy [now the Administrator of General Services] and the Red Cross shall at all times be charged with the American National Red Cross, District of Columbia Chapter, shall, at all times be charged with the respon- responsibility, the care, keeping, and mainte- sibility, care, keeping, and maintenance of said build- nance of said building without expense to the ing without expense to the United States. United States. ‘‘SEC. 5. That moneys of the American National Red (Feb. 7, 1930, ch. 42, §§ 1, 5, 46 Stat. 66; Ex. Ord. Cross, District of Columbia Chapter, available for the construction of the aforesaid building, including any No. 6166, § 2, June 10, 1933; Mar. 2, 1934, ch. 38, § 1, amount administratively determined necessary for the 48 Stat. 389; 1939 Reorg. Plan No. I, §§ 301, 303, eff. payment of salaries and expenses of personnel engaged July 1, 1939, 4 F.R. 2729, 53 Stat. 1426, 1427; June upon the preparation of plans and specifications, field 30, 1949, ch. 288, title I, § 103(a), 63 Stat. 380.) supervision, and general office expenses, may be trans- Page 7 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 15 ferred to and expended by the Public Buildings Admin- improvements, enter into leases, finance improve- istration of the Federal Works Agency [now the Admin- ments (and mortgage any improvements and the istrator of General Services], and such funds may be leasehold estate), and in all manner deal with the consolidated in the books of the Treasury Department property subject only to the condition that the own- into a special account for direct expenditure in the ership interest of the United States in the land shall prosecution of said work, and the Commissioner of Pub- not be adversely affected; lic Buildings is authorized to prepare drawings and ‘‘(4) any space not needed for the operations of such specifications for this building prior to the approval by Red Cross Chapter or the American National Red the Attorney General of the title to such acquisition. Cross in any building or improvement constructed on ‘‘SEC. 6. That said building shall be appropriate in de- such property shall be first made available for use by sign and character and shall be used by the American Federal agencies at rental rates and other related ex- National Red Cross, District of Columbia Chapter, and penses that are less than fair market value and re- shall cost not less than $1,000,000: Provided, That this flect the value of the property provided to such Red expenditure shall include complete equipment. Cross Chapter under the provisions of this Act; ‘‘SEC. 7. That the person, firm, or corporation which ‘‘(5) the United States shall cooperate with such the Commissioner of Public Buildings shall select to Red Cross Chapter with respect to any zoning or furnish professional architectural and engineering serv- other matters relating to the development or im- ices required for the project shall be chosen from nomi- provement of such property; and nations made by the American National Red Cross, Dis- ‘‘(6) the plans of any proposed building or improve- trict of Columbia Chapter. ment for construction after the date of the enact- ‘‘SEC. 8. That the National Capital Housing Authority ment of this section shall first be approved by the is hereby authorized and directed to transfer to the ju- American National Red Cross, the Commission of risdiction of the Federal Works Administrator [now the Fine Arts, and the National Capital Planning Com- Administrator of General Services] such part of the site mission. for said building as is now under the jurisdiction of said ‘‘(b) The enactment of this section may not be con- Authority: Provided, That the Treasurer of the United strued as establishing a policy of the United States States is authorized and directed to credit said Author- Government to furnish building sites for Red Cross ity with the fair market value, at the date of transfer, chapters or any eleemosynary institution at any other of the property so transferred: Provided further, That place.’’ the Federal Works Administrator [now the Adminis- trator of General Services] is hereby authorized to uti- § 14. Omitted lize the property so transferred, as well as that part of CODIFICATION the site already under his jurisdiction, for the purposes Section, act May 5, 1926, ch. 246, 44 Stat. 403, related of this Act. to use of temporary buildings upon square 172 in Wash- ‘‘SEC. 9. That the Federal Works Administrator, through the Public Buildings Administration [both now ington, D.C. See section 13 of this title. under the Administrator of General Services], is hereby § 15. Memorial building to Women of World War authorized to furnish steam from the central heating plant for the heating of said building, such steam to be I; expenditures; supervision paid for by the American National Red Cross, District The memorial building to commemorate the of Columbia Chapter, at such reasonable rates, not less services and sacrifices of the patriotic women of than cost, as may be determined by the Federal Works the United States of America, of its insular pos- Administrator [now Administrator of General Serv- ices]: Provided, That the Federal Works Administrator, sessions, and of the District of Columbia during through the Public Buildings Administration [both now the World War, erected on the land occupied in under the Administrator of General Services], is au- part on June 7, 1924, by the Memorial to the thorized to prepare plans and specifications and to su- Women of the Civil War, the permanent head- pervise and to contract for the work necessary to con- quarters of the American Red Cross, shall be nect said building with the Government mains and to used by the American National Red Cross. pay the cost of such work and services, including ad- The expenditures for said memorial building ministrative expenses, from the funds consolidated into shall be made under the direction of a commis- the Treasury pursuant to section 5 thereof. sion consisting of the chairman of the Senate ‘‘SEC. 10. The enactment of this joint resolution shall not be construed as establishing a policy of the United Committee on the Library and the chairman of States Government to furnish building sites for Red the House Committee on the Library. Said me- Cross chapters or any eleemosynary institution at any morial building shall remain the property of the other place. United States Government but under the super- ‘‘SEC. 11. (a) Notwithstanding any other provision of vision of the Administrator of General Services, law, the Administrator of the General Services Admin- and the American Red Cross shall at all times be istration shall enter into a lease of the real property charged with the responsibility, the care, keep- described in the first section of this Act with the Amer- ican National Red Cross, District of Columbia Chapter. ing, and maintenance of the said memorial Such lease shall provide that such property shall be building without expense to the United States. used as an office, medical and scientific facility by such (June 7, 1924, ch. 369, §§ 1, 2, 4, 43 Stat. 665, 666; Red Cross Chapter and the tenants of such Chapter on Feb. 26, 1925, ch. 339, § 3, 43 Stat. 983; Ex. Ord. No. such terms and conditions as shall be customary and 6166, § 2, June 10, 1933; Mar. 2, 1934, ch. 38, § 1, 48 necessary, including that— ‘‘(1) the lease shall be triple net to the United Stat. 389; 1939 Reorg. Plan No. I, §§ 301, 303, eff. States and such Red Cross Chapter shall pay all July 1, 1939, 4 F.R. 2729, 53 Stat. 1426, 1427; June taxes, insurance, and operating costs, and a rent of 30, 1949, ch. 288, title I, § 103(a), 63 Stat. 380.) $1.00 for the term of the lease; TRANSFER OF FUNCTIONS ‘‘(2) the lease term shall be for 99 years, and all improvements on such property shall revert to the own- Functions of Federal Works Agency and of all agen- ership of the United States at the conclusion of the cies thereof, together with all functions of Federal term; Works Administrator transferred to Administrator of ‘‘(3) such Red Cross Chapter may (at the expense of General Services by section 103(a) of act June 30, 1949. such Chapter) demolish the improvements on such Federal Works Agency and office of Federal Works Ad- property or any improvements constructed on such ministrator abolished by section 103(b) of that act. Sec- property after the date of enactment of this section tion 103 is set out as section 753(b) of Title 40, Public [Nov. 8, 1988], build, own, operate, and maintain new Buildings, Property, and Works. § 16 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 8

The building provided for in this section was origi- Stephen J. Field), of California; Sallie Kennedy nally placed under supervision of ‘‘Superintendent of Alexander (Mrs. Thomas Alexander), of Wash- Public Buildings and Grounds,’’ by act June 7, 1924. The ington, District of Columbia; Rosa Wright office of Public Buildings and Grounds under Chief of Engineers abolished and functions of Chief of Engineers Smith, of Washington, District of Columbia; and of Secretary of War with respect thereto trans- Sarah C. J. Hagan (Mrs. Hugh Hagan), of Geor- ferred to Director of Public Buildings and Public Parks gia; Mary Stiner Putnam (Mrs. John Risley Put- of National Capital by act Feb. 26, 1925. The office of nam), of New York; Mary Leighton Shields (Mrs. Public Buildings and Public Parks of National Capital George H. Shields), of Missouri; Ellen Hardin abolished and functions thereof transferred to Office of Walworth, of New York; Mary E. MacDonald National Parks, Buildings and Reservations of Depart- ment of the Interior by Ex. Ord. No. 6166. The name of (Mrs. Marshall MacDonald), of Virginia; Eugenia the latter office changed to ‘‘National Park Service’’ Washington, of Virginia; Alice M. Clarke (Mrs. by act Mar. 2, 1934. Functions of Director of National A. Howard Clarke), of Massachusetts; Clara Bar- Park Service relating to public buildings transferred to ton, of Washington, District of Columbia; Mary Federal Works Administrator by section 303(b) of S. Lockwood, of Washington, District of Colum- Reorg. Plan No. I of 1939, set out in the Appendix to bia; Frances B. Hamlin (Mrs. Teunis S. Hamlin), Title 5, Government Organization and Employees. of Washington, District of Columbia; Martha C. EFFECTIVE DATE OF TRANSFER OF FUNCTIONS B. Clarke (Mrs. Arthur E. Clarke), of New Hamp- Transfer of functions by act June 30, 1949, effective shire; Lucia E. Blount (Mrs. Henry Blount), of July 1, 1949, see section 605 of act June 30, 1949, set out Indiana; Jennie A. O. Keim (Mrs. Randolph De B. as an Effective Date note under section 471 of Title 40, Keim), of Connecticut; Louise Ward McAllister, Public Buildings, Property, and Works. of New York; Effie Ream Osborne (Mrs. Frank § 16. Exchange of Government-owned cotton for Stuart Osborne), of Illinois; Marie Devereux, of articles containing wool Washington, District of Columbia; Belinda O. Wilbour (Mrs. Joshua Wilbour), of Rhode Island; The American National Red Cross or any other Georgina E. Shippen (Mrs. W. W. Shippen), of organization to which the Government-owned New Jersey; Julia K. Hogg (Mrs. N. B. Hogg), of cotton has been or shall hereafter be delivered Pennsylvania; Katherine C. Breckinridge (Mrs. pursuant to law is authorized, if it shall be Clifton R. Breckinridge), of Arkansas; Sara Isa- deemed advisable, to exchange any such cotton bella Hubbard (Mrs. Adolphus S. Hubbard), of for cloth or wearing apparel or other articles of California; Mary L. D. Putnam (Mrs. Charles E. clothing containing wool. Putnam), of Iowa; Delia Clayborne Buckner (Mar. 3, 1933, ch. 214, 47 Stat. 1544.) (Mrs. Simon B. Buckner), of Kentucky; Emily Marshall Eliot (Mrs. Samuel Eliot), of Massa- §§ 17 to 17b. Repealed. Aug. 10, 1956, ch. 1041, chusetts; Lucy Grey Henry (Mrs. William Wirt § 53, 70A Stat. 641 Henry), of Virginia; Elizabeth Blair Lee, of Section 17, act July 17, 1953, ch. 222, § 1, 67 Stat. 178, Maryland, Mrs. Francis P. Burrows (Mrs. Julius related to use of American Red Cross in cooperation C. Burrows), Mrs. Mary H. McMillan (Mrs. with Armed Forces. See section 2602 of Title 10, Armed James McMillan), Mrs. Emma Gregory Hull Forces. (Mrs. J. A. T. Hull), Mrs. Mary B. K. Washington Section 17a, act July 17, 1953, ch. 222, § 2, 67 Stat. 178, (Mrs. Joseph Washington), and their associates related to furnishing of transportation, meals, and quarters to American Red Cross personnel by Govern- and successors, are created a body corporate and ment. See section 2602 of Title 10. politic, in the District of Columbia, by the name Section 17b, act July 17, 1953, ch. 222, § 7, 67 Stat. 179, of The National Society of the Daughters of the related to status of American Red Cross personnel as American Revolution, for patriotic, historical, Government employees. See section 2602 of Title 10. and educational purposes, to perpetuate the CHAPTER 1A—DAUGHTERS OF THE memory and spirit of the men and women who AMERICAN REVOLUTION achieved American independence, by the acquisition and protection of historical spots and the Sec. erection of monuments; by the encouragement 18. Corporation created; purposes. of historical research in relation to the Revolu- 18a. Right to acquire, hold, and dispose of prop- tion and the publication of its results; by the erty; constitution, bylaws, and seal; headquarters or principal office. preservation of documents and relics, and of the 18b. Annual report; historical material. records of the individual services of Revolution- 18c. Exclusive use of name, emblems, seals, and ary soldiers and patriots, and by the promotion badges. of celebrations of all patriotic anniversaries; to carry out the injunction of Washington, in his § 18. Corporation created; purposes farewell address to the American people, ‘‘to Mary Park Foster (Mrs. John W. Foster), of promote, as an object of primary importance, in- Indiana; Mary Virginia Ellet Cabell (Mrs. Wil- stitutions for the general diffusion of knowl- liam D. Cabell), of Virginia; Helen Mason Boyn- edge,’’ thus developing an enlightened public ton (Mrs. Henry V. Boynton), of Ohio; Henrietta opinion and affording to young and old such ad- Greely (Mrs. A. W. Greely), of Washington, Dis- vantages as shall develop in them the largest ca- trict of Columbia; Lelie Dent Saint Clair (Mrs. pacity for performing the duties of American F. O. Saint Clair), of Maryland; Regina M. Knott citizens; to cherish, maintain, and extend the in- (Mrs. A. Leo Knott), of Maryland; Sara Agnes stitutions of American freedom; to foster true Rice Pryor (Mrs. Roger A. Pryor), of New York; patriotism and love of country, and to aid in se- Sarah Ford Judd Goode (Mrs. G. Brown Goode), curing for mankind all the blessings of liberty. of Washington, District of Columbia; Mary Desha, of Kentucky; Sue Virginia Field (Mrs. (Feb. 20, 1896, ch. 23, § 1, 29 Stat. 8.) Page 9 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 20

§ 18a. Right to acquire, hold, and dispose of prop- § 20. Corporation created; purposes; right to hold erty; constitution, bylaws, and seal; head- property; constitution, by-laws, and seal; quarters or principal office principal office; reports; historical material The society is authorized to acquire by pur- Andrew D. White, of Ithaca, in the State of chase, gift, devise, or bequest and to hold, con- New York; George Bancroft, of Washington, in vey, or otherwise dispose of such property, real the District of Columbia; Justin Winsor, of Cam- or personal, as may be convenient or necessary bridge, in the State of Massachusetts; William for its lawful purposes, and may adopt a con- F. Poole, of Chicago, in the State of Illinois; stitution and make bylaws not inconsistent with Herbert B. Adams, of Baltimore, in the State of law, and may adopt a seal. Said society shall Maryland; Clarence W. Bowen, of Brooklyn, in have its headquarters or principal office at the State of New York, their associates and suc- Washington, in the District of Columbia. cessors, are created in the District of Columbia a body corporate and politic, by the name of the (Feb. 20, 1896, ch. 23, § 2, 29 Stat. 9; Mar. 3, 1915, American Historical Association, for the pro- ch. 89, 38 Stat. 955; Feb. 5, 1926, ch. 11, 44 Stat. 4; motion of historical studies, the collection and July 30, 1951, ch. 255, 65 Stat. 130; Oct. 1, 1976, preservation of historical manuscripts, and for Pub. L. 94–443, § 1, 90 Stat. 1475.) kindred purposes in the interest of American history and of history in America. Said associa- AMENDMENTS tion is authorized to hold real and personal es- 1976—Pub. L. 94–443 substituted provision authorizing tate in the District of Columbia so far only as the society to acquire, by purchase, gift, devise or be- may be necessary to its lawful ends, to adopt a queath, real and personal property, and to hold, convey constitution, and to make by-laws not inconsist- or otherwise dispose of it for provision which authorized the society to hold real and personal property in ent with law. Said association shall have its the United States in an amount not to exceed principal office at Washington, in the District of $10,000,000. Columbia, and may hold its annual meetings in 1951—Act July 30, 1951, substituted ‘‘$10,000,000’’ for such places as the said incorporators shall deter- ‘‘$5,000,000’’. mine. Said association shall report annually to 1926—Act Feb. 5, 1926, substituted ‘‘$5,000,000’’ for the Secretary of the Smithsonian Institution ‘‘$1,000,000’’. concerning its proceedings and the condition of 1915—Act Mar. 3, 1915, substituted ‘‘$1,000,000’’ for historical study in America. Said Secretary ‘‘$500,000’’. shall communicate to Congress the whole of such reports, or such portion thereof as he shall § 18b. Annual report; historical material see fit. The Regents of the Smithsonian Institu- The Society shall report annually to the Sec- tion are authorized to permit said association to retary of the Smithsonian Institution concern- deposit its collections, manuscripts, books, pam- ing its proceedings, and said Secretary shall phlets, and other material for history in the communicate to Congress such portion thereof Smithsonian Institution or in the National Mu- as he may deem of national interest and impor- seum; at their discretion, upon such conditions tance. The Regents of the Smithsonian Institu- and under such rules as they shall prescribe. tion are authorized to permit said national soci- (Jan. 4, 1889, ch. 20, 25 Stat. 640; July 3, 1957, Pub. ety to deposit its collections, manuscripts, L. 85–83, § 1, 71 Stat. 276.) books, pamphlets, and other material for history in the Smithsonian Institution or in the AMENDMENTS National Museum, at their discretion, upon such 1957—Pub. L. 85–83 substituted ‘‘as may be necessary conditions and under such rules as they shall to its lawful ends’’ for ‘‘only as may be necessary to its prescribe. lawful ends to an amount not exceeding five hundred thousand dollars’’. (Feb. 20, 1896, ch. 23, § 3, 29 Stat. 9.) TAX EXEMPTION OF REAL PROPERTY § 18c. Exclusive use of name, emblems, seals, and Section 2 of Pub. L. 85–83 provided that: ‘‘The real badges property situated in Square 817, in the city of Washing- ton, District of Columbia, described as lot 23, owned, The society and its subordinate divisions shall occupied, and used by the American Historical Associa- have the sole and exclusive right to use the tion, is exempt from all taxation so long as the same name ‘‘National Society of the Daughters of the is so owned and occupied, and not used for commercial purposes, subject to the provisions of sections 2, 3, and American Revolution’’. The society shall have 5 of the Act entitled ‘An Act to define the real property the exclusive and sole right to use, or to allow exempt from taxation in the District of Columbia’, ap- or refuse the use of, such emblems, seals, and proved December 24, 1942 (56 Stat. 1089; D.C. Code, secs. badges as have heretofore been adopted or used 47–801b, 47–801c, and 47–801e) [47–1005, 47–1007, and by the National Society of the Daughters of the 47–1009].’’ American Revolution. CROSS REFERENCES (Feb. 20, 1896, ch. 23, § 4, as added Oct. 1, 1976, Smithsonian Institution— Pub. L. 94–443, § 2, 90 Stat. 1475.) Distribution of reports, see section 1341 of Title 44, Public Printing and Documents. CHAPTER 1B—AMERICAN HISTORICAL Duties of Secretary, see sections 44 and 46 of Title 20, Education. ASSOCIATION Regents, see sections 42 to 44 of Title 20. Sec. CHAPTER 1C—SONS OF THE AMERICAN 20. Corporation created; purposes; right to hold REVOLUTION property; constitution, by-laws, and seal; principal office; reports; historical mate- Sec. rial. 20a. Corporation created. § 20a TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 10

Sec. and promote fellowship among their descend- 20b. Purposes and objects of corporation. ants; to inspire them and the community at 20c. Powers of corporation; restriction. large with a more profound reverence for the 20d. Trustees. 20e. First meeting. principles of the Government founded by our 20f. Charter. forefathers; to encourage historical research in 20g. Reservation of right to amend or repeal chap- relation to the American Revolution; to acquire ter. and preserve the records of the individual services of the patriots of the war, as well as docu- § 20a. Corporation created ments, relics, and landmarks; to mark the Francis Henry Appleton, of Massachusetts; scenes of the Revolution by appropriate memori- Lucius P. Deming, of Connecticut; William Sew- als; to celebrate the anniversaries of the promi- ard Webb, of Vermont; Horace Porter, of New nent events of the war and of the Revolutionary York; Joseph C. Breckinridge, of Washington, period; to foster true patriotism; to maintain District of Columbia; Franklin Murphy, of New and extend the institutions of American free- Jersey; Walter S. Logan, of New York; Edwin dom, and to carry out the purposes expressed in Warfield, of Maryland; Edwin S. Greeley, of Con- the preamble to the Constitution of our country necticut; James D. Hancock, of Pennsylvania; and the injunctions of Washington in his fare- Morris B. Beardsley, of Connecticut; John C. well address to the American people. Lewis, of Kentucky; Henry Stockbridge, of (June 9, 1906, ch. 3065, § 2, 34 Stat. 227.) Maryland; Nelson A. McClary, of Illinois; A. Howard Clark, of Washington, District of Co- § 20c. Powers of corporation; restriction lumbia; Isaac W. Birdseye, of Connecticut; Wil- The corporation shall have power to receive, liam K. Wickes, of New York; J. W. Atwood, of purchase, hold, sell, and convey real and per- Ohio; J. W. Whiting, of Alabama; Ricardo E. sonal estate, so far only as may be necessary or Miner, of Arizona; Joseph M. Hill, of Arkansas; convenient for its lawful purposes; to sue and be Alexander G. Eells, of California; Clarkson N. sued, complain and defend in any court; to adopt Guyer, of Colorado; Jonathan Trumbull, of Con- a common seal, and to alter the same at pleas- necticut; Thomas F. Bayard, of Delaware; Wil- ure; to make and adopt a constitution, by-laws, liam H. Bayly, of Washington, District of Co- rules, and regulations for admission, govern- lumbia; William S. Keyser, of Florida; Charles ment, suspension, and expulsion of its members, M. Cook, of Hawaii; Inman H. Fowler, of Indi- and from time to time to alter and repeal such ana; Eugene Secor, of Iowa; John M. Meade, of constitution, by-laws, rules, and regulations, Kansas; Peter F. Pescud, of Louisiana; Waldo and to adopt others in their places; to provide Pettengill, of Maine; James D. Iglehart, of for the election of its officers and to define their Maryland; Moses G. Parker, of Massachusetts; duties; to provide for State societies or chapters Rufus W. Clark, of Michigan; James C. Haynes, with rules for their conduct, and to regulate and of Minnesota; Ashley Cabell, of Missouri; Ogden provide for the management, safe-keeping, and A. Southmayd, of Montana; Amos Field, of Ne- protection of its property and funds: Provided al- braska; Daniel C. Roberts, of New Hampshire; J. ways, That such constitution, by-laws, rules, Franklin Fort, of New Jersey; William A. Mar- and regulations be not inconsistent with the ble, of New York; Isaac F. Mack, of Ohio; Henry laws of the United States or any of the States H. Edwards, of Oklahoma; Thomas M. Anderson, thereof. of Oregon; William L. Jones, of Pennsylvania; (June 9, 1906, ch. 3065, § 3, 34 Stat. 228; Sept. 8, John E. Studely, of Rhode Island; Theodore G. 1961, Pub. L. 87–214, 75 Stat. 489.) Carter, of South Dakota; J. A. Cartwright, of Tennessee; I. M. Standifer, of Texas; Fred A. AMENDMENTS Hale, of Utah; Henry D. Holton, of Vermont; 1961—Pub. L. 87–214 struck out ‘‘to an amount not ex- Lunsford L. Lewis, of Virginia; Cornelius H. ceeding at any one time in the aggregate $500,000’’ after Hanford, of Washington; J. Franklin Pierce, of ‘‘convenient for its lawful purposes’’. Wisconsin; Truman G. Avery, of New York; Wil- § 20d. Trustees liam W. J. Warren, of New York; Henry V. A. Joslin, of Rhode Island; John Paul Earnest, of The property and affairs of said corporation Washington, District of Columbia; A. S. Hub- shall be managed by not less than forty trustees, bard, of California, and all such other persons as who shall be elected annually at such time as may from time to time be associated with them, shall be fixed by the by-laws, and at least one and their successors, are hereby constituted a trustee shall be elected annually from a list of body corporate and politic, in the city of Wash- nominees to be made by each of the State soci- ington, in the District of Columbia, by the name eties and submitted in this society at least thir- of the National Society of the Sons of the Amer- ty days before the annual meeting, in accord- ican Revolution. ance with the general provisions regulating such nominations as may be adopted by this society. (June 9, 1906, ch. 3065, § 1, 34 Stat. 227.) (June 9, 1906, ch. 3065, § 4, 34 Stat. 228; Feb. 6, § 20b. Purposes and objects of corporation 1925, ch. 142, 43 Stat. 808.) The purposes and objects of corporation are AMENDMENTS declared to be patriotic, historical, and edu- 1925—Act Feb. 6, 1925, struck out ‘‘more than sixty cational, and shall include those intended or de- nor’’ before ‘‘less than forty trustees’’. signed to perpetuate the memory of the men who, by their services or sacrifices during the § 20e. First meeting war of the American Revolution, achieved the The first meeting of this corporation shall be independence of the American people; to unite held on a call issued by any fifteen of the above- Page 11 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 25 named corporators by a written notice signed by by that name it shall have perpetual succession, them, stating the time and place of meeting, ad- with power to sue and be sued in courts of law dressed to each of the corporators personally and equity within the jurisdiction of the United named herein and deposited in the post-office at States; to hold such real and personal estate as least five days before the day of meeting. shall be necessary for corporate purposes, and to (June 9, 1906, ch. 3065, § 5, 34 Stat. 228.) receive real and personal property by gift, devise, or bequest; to adopt a seal, and the same to § 20f. Charter alter and destroy at pleasure; to have offices and This charter shall take effect upon its being conduct its business and affairs within and with- accepted by a majority vote of the corporators out the District of Columbia and in the several named herein who shall be present at said meet- States and Territories of the United States; to ing, or at any other meeting specially called for make and adopt by-laws, rules, and regulations that purpose; and notice of such acceptance not inconsistent with the laws of the United shall be given by said corporation by causing a States of America, or any State thereof, and certificate to that effect signed by its president generally to do all such acts and things (includ- and secretary to be filed in the office of the Sec- ing the establishment of regulations for the retary of State. election of associates and successors) as may be necessary to carry into effect the provisions of (June 9, 1906, ch. 3065, § 6, 34 Stat. 228.) this chapter and promote the purposes of said § 20g. Reservation of right to amend or repeal corporation. chapter (June 15, 1916, ch. 148, § 2, 39 Stat. 227.) Congress reserves the right to alter, amend, or § 23. Purposes of corporation repeal this chapter. (June 9, 1906, ch. 3065, § 7, 34 Stat. 228.) The purpose of the corporation shall be to promote, through organization, and cooperation CHAPTER 2—BOY SCOUTS OF AMERICA with other agencies, the ability of boys to do things for themselves and others, to train them Sec. 21. Corporation created. in scoutcraft, and to teach them patriotism, 22. Name and powers of corporation. courage, self-reliance, and kindred virtues, using 23. Purposes of corporation. the methods which were in common use by Boy 24. Acquisition of assets and liabilities of exist- Scouts on June 15, 1916. ing corporation; prohibition against issuance of stock or payment of dividends. (June 15, 1916, ch. 148, § 3, 39 Stat. 228.) 25. Executive board; powers. 26. Annual and special meetings; quorum. § 24. Acquisition of assets and liabilities of exist- 27. Exclusive right to emblems, badges, marks, ing corporation; prohibition against issuance and words or phrases. of stock or payment of dividends 28. Annual report. 29. Reservation of right to amend or repeal chap- Said corporation may acquire, by way of gift, ter. all the assets of the existing national organiza- § 21. Corporation created tion of Boy Scouts, a corporation under the laws of the District of Columbia, and defray and pro- Colin H. Livingstone and Ernest P. Bicknell, vide for any debts or liabilities to the discharge of Washington, District of Columbia; Benjamin of which said assets shall be applicable; but said L. Dulaney, of Bristol, Tennessee; Milton A. corporation shall have no power to issue certifi- McRae, of Detroit, Michigan; David Starr Jor- cates of stock or to declare or pay dividends, its dan, of Berkeley, California; F. L. Seely, of object and purposes being solely of a benevolent Asheville, North Carolina; A. Stamford White, of character and not for pecuniary profit to its Chicago, Illinois; Daniel Carter Beard, of Flush- members. ing, New York; George D. Pratt, of Brooklyn, New York; Franklin C. Hoyt, Jeremiah W. (June 15, 1916, ch. 148, § 4, 39 Stat. 228.) Jenks, Charles P. Neill, Frank Presbrey, Edgar § 25. Executive board; powers M. Robinson, Mortimer L. Schiff, and James E. West, of New York, New York; G. Barrett Rich, The governing body of the said Boy Scouts of junior, of Buffalo, New York; Robert Garrett, of America shall consist of an executive board Baltimore, Maryland; John Sherman Hoyt, of composed of citizens of the United States. The Norwalk, Connecticut; Charles C. Jackson, of number, qualifications, and terms of office of Boston, Massachusetts; John H. Nicholson, of members of the executive board shall be pre- Pittsburgh, Pennsylvania; William D. Murray, scribed by the by-laws. The persons mentioned of Plainfield, New Jersey; and George D. Porter, in section 21 of this title shall constitute the of Philadelphia, Pennsylvania, their associates first executive board and shall serve until their and successors, are created a body corporate and successors are elected and have qualified. Va- politic of the District of Columbia, where its cancies in the executive board shall be filled by domicile shall be. a majority vote of the remaining members (June 15, 1916, ch. 148, § 1, 39 Stat. 227.) thereof. The bylaws may prescribe the number of members of the executive board necessary to SECTION REFERRED TO IN OTHER SECTIONS constitute a quorum of the board, which number This section is referred to in section 25 of this title. may be less than a majority of the whole number of the board. The executive board shall have § 22. Name and powers of corporation power to make and to amend the bylaws, and, by The name of the corporation created by this a two-thirds vote of the whole board at a meet- chapter shall be ‘‘Boy Scouts of America’’, and ing called for this purpose, may authorize and § 26 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 12 cause to be executed mortgages and liens upon § 28. Annual report the property of the corporation. The executive On or before the 1st day of April of each year board may, by resolution passed by a majority the said Boy Scouts of America shall make and of the whole board, designate three or more of transmit to Congress a report of its proceedings their number to constitute an executive or gov- for the year ending December 31 preceding. erning committee, of which a majority shall constitute a quorum, which committee, to the (June 15, 1916, ch. 148, § 8, 39 Stat. 229; Aug. 30, extent provided in said resolution or in the by- 1964, Pub. L. 88–504, § 4(1), 78 Stat. 636.) laws of the corporation, shall have and exercise AMENDMENTS the powers of the executive board in the management of the business affairs of the corpora- 1964—Pub. L. 88–504 struck out ‘‘, including a full, tion, and may have power to authorize the seal complete, and itemized report of receipts and expenditures, of whatever kind’’ after ‘‘December 31 preced- of the corporation to be affixed to all papers ing’’. which may require it. The executive board, by the affirmative vote of a majority of the whole § 29. Reservation of right to amend or repeal board, may appoint any other standing commit- chapter tees, and such standing committees shall have Congress shall have the right to repeal, alter, and may exercise such powers as shall be con- or amend this chapter at any time. ferred or authorized by the bylaws. With the consent in writing and pursuant to an affirma- (June 15, 1916, ch. 148, § 9, 39 Stat. 229.) tive vote of a majority of the members of said corporation, the executive board shall have au- CHAPTER 2A—GIRL SCOUTS OF AMERICA thority to dispose in any manner of the whole Sec. property of the corporation. 31. Corporation created. 32. Name and powers of corporation. (June 15, 1916, ch. 148, § 5, 39 Stat. 228.) 33. Purposes of corporation. 34. National Council; powers; board of directors; CROSS REFERENCES executive committee. Citizenship clause, see Const. Amend. 14, § 1. 35. Regular and special meetings. 36. Exclusive right to emblems, badges, marks, § 26. Annual and special meetings; quorum and words or phrases. 37. Annual report. An annual meeting of the incorporators, their 38. Acquisition of assets and liabilities of exist- associates and successors, shall be held once in ing corporation. every year after the year of incorporation, at 38a. Reservation of right to amend or repeal chap- such time and place as shall be prescribed in the ter. bylaws, when the annual reports of the officers 39. Printing annual report. and executive board shall be presented and § 31. Corporation created members of the executive board elected for the ensuing year. Special meetings of the corpora- Mrs. Harry S. Truman, of Independence, Mis- tion may be called upon such notice as may be souri; Mrs. Woodrow Wilson, of Washington, Dis- prescribed in the bylaws. The number of mem- trict of Columbia; Mrs. Calvin Coolidge, of bers which shall constitute a quorum at any an- Northampton, Massachusetts; Mrs. Franklin D. nual or special meeting shall be prescribed in Roosevelt, of Hyde Park, New York; Mrs. Arthur the bylaws. The members and executive board O. Choate, of New York, New York; Mrs. Fred- shall have power to hold their meetings and erick H. Brooke, of Washington, District of Co- keep the seal, books, documents, and papers of lumbia; Mrs. Vance C. McCormick, of Harris- the corporation within or without the District burg, Pennsylvania; Mrs. Harvey S. Mudd, of Los of Columbia. Angeles, California; Mrs. Alan H. Means, of Los Angeles, California; Mrs. C. Vaughan Ferguson, (June 15, 1916, ch. 148, § 6, 39 Stat. 228.) of Schenectady, New York; Doctor Mary H. S. Hayes, of New York, New York; Mrs. Walter N. § 27. Exclusive right to emblems, badges, marks, Rothschild, of New York, New York; Mrs. and words or phrases Charles Kendrick, of San Francisco, California; The corporation shall have the sole and exclu- Mrs. Frederick H. Bucholz, of Omaha, Nebraska; sive right to have and to use, in carrying out its Mrs. Nathan Mobley, of Greenwich, Connecticut; purposes, all emblems and badges, descriptive or Mrs. Amory Houghton, of Corning, New York; designating marks, and words or phrases now or Mrs. Gordon Hunger, of Scarsdale, New York; heretofore used by the Boy Scouts of America in Mrs. Charles H. Ridder, of New York, New York; carrying out its program, it being distinctly and Mrs. Paul Rittenhouse, of New York, New York; definitely understood, however, that nothing in Mrs. Alfred R. Bachrach, of New York, New this chapter shall interfere or conflict with es- York; Mrs. Stanlee T. Bates, of Cleveland tablished or vested rights. Heights, Ohio; Mrs. D. D. Bovaird, of Tulsa, Oklahoma; Mrs. W. Wright Byran, of Atlanta, (June 15, 1916, ch. 148, § 7, 39 Stat. 228.) Georgia; Mrs. R. A. Burnett, of Amarillo, Texas; CROSS REFERENCES Mrs. Cyril T. Carney, of Des Moines, Iowa; Mrs. Leonard G. Carpenter, of Crystal Bay, Min- Right to wear uniforms, see section 772 of Title 10, nesota; Mrs. Everett Case, of Hamilton, New Armed Forces. Trade-mark provisions of section 1051 et seq. of Title York; Doctor Rosalind Cassidy, of Santa 15 not to repeal or affect this section, see section 48 of Monica, California; Mrs. H. S. Fenimore Cooper, act July 5, 1946, set out as a note under section 1051 of of Cooperstown, New York; Mrs. J. Roger Title 15, Commerce and Trade. DeWitt, of Independence, Missouri; Mrs. R. T. Page 13 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 34

Dozier, of Montgomery, Alabama; Mrs. Charles § 33. Purposes of corporation W. Farnsworth, of Concord, Massachusetts; Mrs. Merritt Farrell, of Newtown, Ohio; Mrs. W. V. M. The purposes of the corporation shall be to Fawcett, of Newton, Massachusetts; Mrs. J. T. promote the qualities of truth, loyalty, helpful- Finlen, of Butte, Montana; Mrs. John A. Frick, ness, friendliness, courtesy, purity, kindness, of Allentown, Pennsylvania; Mrs. A. B. Graham, obedience, cheerfulness, thriftiness, and kindred of Portland, Oregon; Mrs. Edward F. Johnson, of virtues among girls, as a preparation for their Scarsdale, New York; Mrs. Charles H. Larkin responsibilities in the home and for service to Second, of Eden, New York; Mrs. Roy F. Layton, the community, to direct and coordinate the of Chevy Chase, Maryland; Mrs. James P. Girl Scout movement in the United States, its McGranery, of Philadelphia, Pennsylvania; Mrs. Territories, and possessions, and to fix and Julius Mark, of New York, New York; Miss maintain standards for the movement which Clementine Miller, of Columbus, Indiana; Mrs. will inspire the rising generation with the high- Dudley H. Mills, of Glen Head, Long Island, New est ideals of character, patriotism, conduct, and York; Mrs. Hilleary L. Murray, of Minneapolis, attainment, which purposes shall be non- Minnesota; Mrs. C. E. Robbins, of Pierre, South sectarian, nonpolitical, and not for pecuniary Dakota; Mrs. Harry M. Robbins, of Seattle, profit. Washington; Mrs. Snelling Robinson, of Lake (Mar. 16, 1950, ch. 62, § 3, 64 Stat. 23.) Forest, Illinois; Mrs. Harry M. Sartoris, of Washington, District of Columbia; Mrs. Theo- § 34. National Council; powers; board of direc- dore Squier, of Milwaukee, Wisconsin; Miss Dor- tors; executive committee othea Sullivan, of Washington, District of Co- lumbia; Mrs. John Arthur Thum, of Glendora, There shall be a National Council of Girl California; Mrs. George L. Todd, of Rochester, Scouts (hereinafter referred to as the ‘‘national New York; Mrs. Abe D. Waldauer, of Memphis, council’’), which shall have power to make and Tennessee; Mrs. Frank L. Weil, of New York, amend a constitution and bylaws, and to elect a New York; Mrs. John M. Whalen, of Kingston, board of directors, and officers and agents. The Rhode Island; Mrs. William T. Wilson, Junior, of number, qualifications, and terms of office of Winston-Salem, North Carolina; Mrs. Albert E. members of the national council shall be pre- Winger, of New York, New York; Mrs. Arthur scribed by the constitution, except that they Woods, of Washington, District of Columbia, of- shall be citizens of the United States. The con- ficers, directors, or members; and their associ- stitution may prescribe the number of members ates and successors, constituting Girl Scouts of of the national council necessary to constitute a the United States of America, a membership quorum, which number may be less than a ma- corporation organized under the laws of the Dis- jority of the whole number. The affairs of the trict of Columbia (hereinafter referred to as the corporation between meetings of the national ‘‘old corporation’’), are incorporated a body cor- council shall be managed by a board of direc- porate and politic of the District of Columbia, tors, except that the bylaws may provide for an where its domicile shall be. executive committee to exercise the powers of the board of directors in the interim between its (Mar. 16, 1950, ch. 62, § 1, 64 Stat. 22.) meetings, and for other committees to operate under the general supervision of the board of di- § 32. Name and powers of corporation rectors. The number, qualifications, and terms The name of such corporation shall be Girl of office of members of the board of directors Scouts of the United States of America (herein- shall be prescribed by the constitution. The con- after referred to as the ‘‘corporation’’), and by stitution may prescribe the number of members that name it shall have perpetual succession, of the board of directors necessary to constitute with power to sue and be sued in courts of law a quorum which number shall not be less than and equity within the jurisdiction of the United twenty, or two-fifths of the whole number. The States; to take, receive, and hold, in trust or board of directors, to the extent provided in the otherwise, and to sell and convey real and per- constitution and bylaws, shall have the powers sonal property necessary for its corporate pur- of the national council, in the interim between poses, and other real and personal property, the its meetings. The national council, or between income from which shall be applied to its cor- meetings thereof, the board of directors, may porate purposes; to adopt a seal, and to alter or authorize and cause to be executed leases, mort- destroy such seal; to have offices and to conduct gages, and liens upon, and sales and conveyances its business and affairs within and without the of, any of the property of the corporation; and District of Columbia and in the several States, the proceeds arising therefrom shall be applied Territories, and possessions of the United or invested for the use and benefit of the cor- States; to adopt a constitution, bylaws, rules, poration. and regulations (including regulations for the (Mar. 16, 1950, ch. 62, § 4, 64 Stat. 23; Aug. 14, 1953, election of associates and successors) not incon- ch. 486, § 1, 67 Stat. 582.) sistent with the laws of the United States, or any State thereof, and from time to time to AMENDMENTS alter such constitution, bylaws, rules, and regu- 1953—Act Aug. 14, 1953, made it clear that only citi- lations and generally to perform such acts as zens of the United States may be members of the Na- may be necessary to carry out the purposes of tional Council. this chapter and promote the purposes of the corporation. CROSS REFERENCES (Mar. 16, 1950, ch. 62, § 2, 64 Stat. 23.) Citizenship clause, see Const. Amend. 14, § 1. § 35 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 14

§ 35. Regular and special meetings AMENDMENTS Meetings of the national council shall be held 1964—Pub. L. 88–504 struck out ‘‘, including a full, as provided in the constitution, for elections, complete, and itemized report of receipts and expenditures of whatever kind’’ after ‘‘fiscal year’’. and to receive the reports of the officers and 1953—Act Aug. 14, 1953, substituted ‘‘for the preceding board of directors. Special meetings may be fiscal year’’ for ‘‘for the year ending December 31, pre- called as prescribed in the constitution. The na- ceding’’ after ‘‘its proceedings’’. tional council and the board of directors shall have power to hold meetings and keep the seal, § 38. Acquisition of assets and liabilities of exist- books, documents, and papers of the corporation ing corporation within or without the District of Columbia. On March 16, 1950, the separate existence of (Mar. 16, 1950, ch. 62, § 5, 64 Stat. 24; Aug. 14, 1953, the old corporation shall cease and the old cor- ch. 486, § 1, 67 Stat. 582.) poration shall be merged into the corporation. The corporation shall possess all the public and AMENDMENTS private rights, privileges, powers, and franchises 1953—Act Aug. 14, 1953, struck out provision that and shall be subject to all the restrictions, dis- there must be a meeting of the National Council at abilities, and duties of the old corporation so least once every two years. merged into it, and all of the rights, privileges, powers, and franchises of the old corporation, § 36. Exclusive right to emblems, badges, marks, and all property—real, personal, and mixed—and and words or phrases all debts due it on whatever account shall be The corporation shall have the sole and exclu- vested in the corporation; and all property, sive right to have and to use, in carrying out its rights, privileges, powers, and franchises and all purposes, all emblems and badges, descriptive or other interests of the old corporation shall be designating marks, and words or phrases now or the property of the corporation and the title to heretofore used by the old corporation and by its any real estate vested in the old corporation by successor in carrying out its program, including deed or otherwise, under the laws of the District the sole and exclusive right to use, or to author- of Columbia or any State, shall not revert or be ize the use of, during the existence of the cor- in any way impaired by reason of this chapter: poration, the badge of the Girl Scouts, Incor- Provided, however, That all rights of creditors porated, which is referred to in the Act of Au- and all liens upon any property of the old cor- gust 12, 1937 (Public, Numbered 259, Seventy- poration shall be preserved unimpaired and all fifth Congress; 50 Stat. 623), and all the other its debts, liabilities, and duties shall attach to aforesaid emblems and badges, descriptive or the corporation and may be enforced against it designating marks, and words or phrases in con- to the same extent as if such debts, liabilities, nection with the manufacturing, advertising, and duties had been incurred or contracted by it. and selling of equipment and merchandise: Pro- (Mar. 16, 1950, ch. 62, § 8, 64 Stat. 24.) vided, however, That nothing in this chapter shall interfere or conflict with established or § 38a. Reservation of right to amend or repeal vested rights. chapter (Mar. 16, 1950, ch. 62, § 6, 64 Stat. 24; Aug. 17, 1951, Congress shall have the right to repeal, alter, ch. 328, 65 Stat. 192.) or amend this chapter at any time.

REFERENCES IN TEXT (Mar. 16, 1950, ch. 62, § 9, 64 Stat. 24.) Act of August 12, 1937 (Public, Numbered 259, Sev- § 39. Printing annual report enty-fifth Congress; 50 Stat. 623), referred to in text, is act Aug. 12, 1937, ch. 590, 50 Stat. 623, which is not clas- The annual report of the Girl Scouts of the sified to the Code. United States of America shall be printed each year, with accompanying illustrations, as a sep- AMENDMENTS arate House document of the session of the Con- 1951—Act Aug. 17, 1951, inserted ‘‘and by its succes- gress to which such report may be submitted. sors’’ and ‘‘including the sole and exclusive right to use, or to authorize the use of, during the existence of (Apr. 16, 1951, ch. 29, 65 Stat. 32.) the corporation, the badge of the Girl Scouts, Incor- CODIFICATION porated, which is referred to in the Act of August 12, 1937 (Public, Numbered 259, Seventy-fifth Congress; 50 Section was not enacted as part of act Mar. 16, 1950, Stat. 623), and all the other aforesaid emblems and ch. 62, 64 Stat. 22, which comprises this chapter. badges, descriptive or designating marks, and words or CHAPTER 3—THE AMERICAN LEGION phrases in connection with the manufacturing, advertising, and selling of equipment and merchandise’’ and Sec. substituted ‘‘Provided, however, That’’ for ‘‘it being dis- 41. Corporation created. tinctly and definitely understood, however, that’’. 42. Completion of organization. 43. Purpose of corporation. § 37. Annual report 44. Powers of corporation. 45. Membership. On or before the first day of April of each year 46. Nonpolitical nature of corporation. the corporation shall make and transmit to Con- 47. Acquisition of assets and liabilities of exist- gress a report of its proceedings for the preceding organization. ing fiscal year. 48. Exclusive right to names. 49. Annual report. (Mar. 16, 1950, ch. 62, § 7, 64 Stat. 24; Aug. 14, 1953, 50. Agents for service of process. ch. 486, § 2, 67 Stat. 583; Aug. 30, 1964, Pub. L. 51. Reservation of right to amend or repeal chap- 88–504, § 4(2), 78 Stat. 636.) ter. Page 15 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 44

§ 41. Corporation created § 42. Completion of organization That the following persons, to wit: William S. Said persons named in section 41 of this title Beam, of North Carolina; Charles H. Brent, of and such other persons as may be selected from New York; William H. Brown, of Connecticut; G. among the membership of the American Legion, Edward Buxton, junior, of Rhode Island; Bennett an unincorporated society of the soldiers, sail- C. Clark, of Missouri; Richard Derby, of New ors, and marines of the Great War of 1917–1918, York; L. H. Evridge, of Texas; Milton J. Fore- are hereby authorized to meet to complete the man, of Illinois; Ruby D. Garrett, of Missouri; organization of said corporation by the selection Fred J. Griffith, of Oklahoma; Roy C. Haines, of of officers, the adoption of a constitution and Maine; John F. J. Herbert, of Massachusetts; by-laws, and to do all other things necessary to Roy Hoffman, of Oklahoma; Fred B. Humphreys, carry into effect the provisions of this chapter, of New Mexico; John W. Inzer, of Alabama; Stu- at which meeting any person duly accredited as art S. Janney, of Maryland; Luke Lea, of Ten- a delegate from any local or State organization nessee; Henry Leonard, of Colorado; Henry D. of the existing unincorporated organization Lindsley, of Texas; Ogden L. Mills, of New York; known as the ‘‘American Legion’’ shall be per- Thomas W. Miller, of Delaware; Edward Myers, mitted to participate in the proceedings thereof. of Pennsylvania; Franklin D’Olier, of Pennsyl- (Sept. 16, 1919, ch. 59, § 2, 41 Stat. 284.) vania; W. G. Price, junior, of Pennsylvania; S. A. Ritchie, of New York; Theodore Roosevelt, jun- § 43. Purpose of corporation ior, of New York; Albert A. Sprague, of Illinois; The purpose of this corporation shall be: To John J. Sullivan, of Washington; Dale Shaw, of uphold and defend the Constitution of the Iowa; Daniel G. Stivers, of Montana; H. J. Tur- United States of America; to promote peace and ney, of Ohio; George A. White, of Oregon; Eric good will among the peoples of the United Fisher Wood, of Pennsylvania; George H. Wood, States and all the nations of the earth; to pre- of Ohio; Mathew H. Murphy, of Alabama; An- serve the memories and incidents of the two drew P. Martin, of Arizona; J. J. Harrison, of Ar- World Wars and the other great hostilities kansas; Henry G. Mathewson, of California; H. fought to uphold democracy; to cement the ties A. Saidy, of Colorado; Alfred M. Phillips, junior, and comradeship born of service; and to con- of Connecticut; George N. Davis, of Delaware; A. secrate the efforts of its members to mutual H. Blanding, of Florida; Walter Harris, of Geor- helpfulness and service to their country. gia; E. C. Boom, of Idaho; George G. Seaman, of Illinois; Raymond S. Springer, of Indiana; (Sept. 16, 1919, ch. 59, § 3, 41 Stat. 285; Oct. 29, Mathew A. Tinley, of Iowa; W. A. Phares, of 1942, ch. 633, § 1, 56 Stat. 1012; July 26, 1955, ch. Kansas; Henry De Haven Moorman, of Kentucky; 386, § 1, 69 Stat. 379; Sept. 1, 1966, Pub. L. 89–550, T. Semmes Walmsley, of Louisiana; A. L. Robin- § 1, 80 Stat. 371.) son, of Maine; James A. Gary, junior, of Mary- AMENDMENTS land; George C. Waldo, of Michigan; Harrison Fuller, of Minnesota; Alexander Fitzhugh, of 1966—Pub. L. 89–550 substituted ‘‘and the other great hostilities’’ for ‘‘and the Korean hostilities’’. Mississippi; H. C. Clark, of Missouri; Charles E. 1955—Act July 26, 1955, amended section generally, in- Pew, of Montana; John G. Maher, of Nebraska; serting reference to Korean hostilities. J. G. Scrugham, of Nevada; Frank Knox, of New 1942—Act Oct. 29, 1942, amended section generally, in- Hampshire; Hobart Brown, of New Jersey; serting reference to the Constitution and to second Charles M. De Bremon, of New Mexico; C. K. world war. Burgess, of North Carolina; Julius Baker, of § 44. Powers of corporation North Dakota; F. C. Galbraith, of Ohio; Ross N. Lillard, of Oklahoma; E. J. Eivers, of Oregon; The corporation created by this chapter shall George F. Tyler, of Pennsylvania; Alexander H. have the following powers: To have perpetual Johnson, of Rhode Island; Julius H. Walker, of succession with power to sue and be sued in South Carolina; M. L. Shade, of South Dakota; courts of law and equity; to receive, hold, own, Roane Waring, of Tennessee; Claude V. use, and dispose of such real estate and personal Birkhead, of Texas; Wesley E. King, of Utah; property as shall be necessary for its corporate Charles Francis Cocke, of Virginia; H. Nelson purposes; to adopt a corporate seal and alter the Jackson, of Vermont; Harvey I. Moss, of Wash- same at pleasure; to adopt a constitution, by- ington; Jackson Arnold, of West Virginia; John laws, and regulations to carry out its purposes, C. Davis, of Wisconsin; A. H. Beach, of Wyoming; not inconsistent with the laws of the United E. Lester Jones, of the District of Columbia; States or of any State; to use, in carrying out Lawrence Judd, of Hawaii; Robert R. Landon, of the purposes of the corporation, such emblems the Philippine Islands; and such persons as may and badges as it may adopt and to have the ex- be chosen who are members of the ‘‘American clusive right to manufacture, and to control the Legion’’, an unincorporated patriotic society of right to manufacture, and to use, such emblems the soldiers, sailors, and marines of the Great and badges as may be deemed necessary in the War, 1917 to 1918, known as the ‘‘American Le- fulfillment of the purposes of the corporation; to gion’’, and their successors, are created and de- establish and maintain offices for the conduct of clared to be a body corporate. The name of this its business; to establish State and Territorial corporation shall be ‘‘The American Legion.’’ organizations and local chapter or post organi- (Sept. 16, 1919, ch. 59, § 1, 41 Stat. 284.) zations; to publish a magazine or other publications, and generally to do any and all such acts and things as may be necessary and proper in SECTION REFERRED TO IN OTHER SECTIONS carrying into effect the purposes of the corpora- This section is referred to in section 42 of this title. tion. § 45 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 16

(Sept. 16, 1919, ch. 59, § 4, 41 Stat. 285; June 26, 1990—Pub. L. 101–478 amended section generally. Prior 1953, ch. 153, § 1, 67 Stat. 82.) to amendment, section read as follows: ‘‘No person shall be a member of this corporation unless he has AMENDMENTS served in the naval or military services of the United 1953—Act June 26, 1953, inserted provision relating to States at some time during any of the following peri- the exclusive right to manufacture, the use, and con- ods: April 6, 1917, to November 11, 1918; December 7, trol of such emblems and badges deemed necessary in 1941, to December 31, 1946; June 25, 1950, to January 31, the fulfillment of the purposes of the corporation. 1955; December 22, 1961, to May 7, 1975; all dates inclusive, or who, being a citizen of the United States at the CROSS REFERENCES time of entry therein, served in the military or naval service of any of the governments associated with the Loan or gift of condemned or obsolete material by United States during said wars or hostilities: Provided, Secretary of military department or Secretary of the however, That such person shall have an honorable dis- Treasury, see section 2572 of Title 10, Armed Forces. charge or separation from such service or continues to Penalty for unauthorized manufacture, reproduction, serve honorably after any of the aforesaid terminal or sale of badges or emblems of veterans’ organizations, dates.’’ see section 705 of Title 18, Crimes and Criminal Proce- 1979—Pub. L. 96–155 authorized membership in the dure. corporation for service commencing Dec. 22, 1961, rath- Recognition by Secretary of Veterans Affairs of rep- er than Aug. 5, 1964, to May 7, 1975. resentatives of American Legion for prosecution of 1978—Pub. L. 95–346 substituted ‘‘May 7, 1975’’ for claims under laws administered by Department of Vet- ‘‘August 15, 1973’’. erans Affairs, see section 5902 of Title 38, Veterans’ 1975—Pub. L. 93–557 substituted ‘‘December 31, 1946’’ Benefits. for ‘‘September 2, 1945’’, ‘‘January 31, 1955’’ for ‘‘July 27, 1953’’, and ‘‘August 15, 1973’’ for ‘‘the date of ces- § 45. Membership sation of hostilities as determined by the Government No person shall be a member of this corpora- of the United States’’. tion unless such person has served in the naval 1966—Pub. L. 89–550 inserted ‘‘August 5, 1964, to the date of cessation of hostilities as determined by the or military services of the United States at Government of the United States,’’ after ‘‘June 25, 1950, some time during any of the following periods: to July 27, 1953;’’. April 6, 1917, to November 11, 1918; December 7, 1955—Act July 26, 1955, substituted ‘‘July 27, 1953’’ for 1941, to December 31, 1946; June 25, 1950, to Janu- ‘‘the date of cessation of hostilities, as determined by ary 31, 1955; February 28, 1961, to May 7, 1975; Au- the United States Government’’. gust 24, 1982, to July 31, 1984; December 20, 1989, 1950—Act Dec. 28, 1950, redefined eligibility for mem- to January 31, 1990; August 2, 1990, to the date of bership in the American Legion. cessation of hostilities, as determined by the 1946—Act July 9, 1946, permitted veterans of World War II to become members. United States Government; all dates inclusive, 1942—Act Oct. 29, 1942, included as members personnel or who, being a citizen of the United States at of war beginning Dec. 7, 1941, and inserted proviso. the time of entry therein, served in the military or naval service of any governments associated CROSS REFERENCES with the United States during said wars or hos- Citizenship clause, see Const. Amend. 14, § 1. tilities: Provided, however, That such person § 46. Nonpolitical nature of corporation shall have an honorable discharge or separation from such service or continues to serve honor- The organization shall be nonpolitical and, as ably after any of the aforesaid terminal dates. an organization, shall not promote the can- (Sept. 16, 1919, ch. 59, § 5, 41 Stat. 285; Oct. 29, didacy of any person seeking public office. 1942, ch. 633, § 2, 56 Stat. 1012; July 9, 1946, ch. 546, (Sept. 16, 1919, ch. 59, § 6, 41 Stat. 285.) 60 Stat. 524; Dec. 28, 1950, ch. 1177, 64 Stat. 1122; July 26, 1955, ch. 386, § 2, 69 Stat. 380; Sept. 1, § 47. Acquisition of assets and liabilities of exist- 1966, Pub. L. 89–550, § 2, 80 Stat. 372; Dec. 27, 1974, ing organization Pub. L. 93–557, 88 Stat. 1792; Aug. 17, 1978, Pub. L. Said corporation may acquire any or all the 95–346, 92 Stat. 485; Dec. 21, 1979, Pub. L. 96–155, assets of the existing unincorporated national 93 Stat. 1165; Oct. 30, 1990, Pub. L. 101–478, 104 organization known as the ‘‘American Legion’’ Stat. 1157; Dec. 2, 1991, Pub. L. 102–179, 105 Stat. upon discharging or satisfactorily providing for 1229; Nov. 20, 1997, Pub. L. 105–110, 111 Stat. 2270.) the payment and discharge of all its liabilities. AMENDMENTS (Sept. 16, 1919, ch. 59, § 7, 41 Stat. 285.) 1997—Pub. L. 105–110 substituted ‘‘February 28, 1961’’ § 48. Exclusive right to names for ‘‘December 22, 1961’’. 1991—Pub. L. 102–179 amended section generally. Prior Said corporation and its State and local sub- to amendment, section read as follows: ‘‘No person divisions shall have the sole and exclusive right shall be a member of this corporation unless he has to have and to use, in carrying out its purposes, served in the naval or military services of the United the name ‘‘The American Legion’’, or ‘‘Amer- States at some time during any of the following periods; April 6, 1917, to November 11, 1918; December 7, ican Legion’’. 1941, to December 31, 1946; June 25, 1950, to January 31, (Sept. 16, 1919, ch. 59, § 8, 41 Stat. 285; June 26, 1955; December 22, 1961, to May 7, 1975; August 24, 1982, 1953, ch. 153, § 2, 67 Stat. 82.) to July 31, 1984; December 20, 1989, to January 31, 1990; all dates inclusive, or who, being a citizen of the United AMENDMENTS States at the time of entry therein, served in the mili- 1953—Act June 26, 1953, extended the exclusive right tary or naval service of any governments associated to the use of the name ‘‘American Legion’’. with the United States during said wars or hostilities: Provided, however, That such person shall have an hon- § 49. Annual report orable discharge or separation from such service or continues to serve honorably after any of the aforesaid The said corporation shall, on or before the 1st terminal dates.’’ day of January in each year, make and transmit Page 17 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 57b to the Congress a report of its proceedings for Sec. the preceding calendar year: Provided, however, 57a. Purposes of corporation. That said report shall not be printed as public 57b. Powers of corporation. 58. Annual report. documents. 59. Reservation of right to amend or repeal chap- (Sept. 16, 1919, ch. 59, § 9, 41 Stat. 285; Aug. 30, ter. 1964, Pub. L. 88–504, § 4(3), 78 Stat. 636.) § 57. Corporation created AMENDMENTS Major General John A. Lejeune, United States 1964—Pub. L. 88–504 struck out ‘‘, including a full and Marine Corps, retired, honorary national com- complete report of its receipts and expenditures’’ after mandant; Maurice A. Illch, national com- ‘‘calendar year’’. mandant; Roy S. Taylor, senior national vice CROSS REFERENCES commandant; Kenneth B. Collings, junior na- Printing of proceedings of national encampments as tional vice commandant; Alexander F. Ormsby, House documents, see section 1332 of Title 44, Public national judge advocate; Reverend John H. Printing and Documents. Clifford, national chaplain; Edward A. Walker, national sergeant at arms; John B. Hinckley, § 50. Agents for service of process Junior, national adjutant and paymaster; John As a condition precedent to the exercise of any E. Brock, national chief of staff, are created a power or privilege herein granted or conferred body corporate of the name ‘‘Marine Corps the American Legion shall file in the office of League.’’ the secretary of state of each State the name (Aug. 4, 1937, ch. 564, § 1, 50 Stat. 558.) and post-office address of an authorized agent in such State upon whom legal process or demands § 57a. Purposes of corporation against the American Legion may be served. The purposes of this corporation shall be (a) to (Sept. 16, 1919, ch. 59, § 91⁄2, 41 Stat. 285.) preserve the traditions and to promote the interests of the United States Marine Corps; (b) to § 51. Reservation of right to amend or repeal band those who were on August 4, 1937, serving chapter in the United States Marine Corps and those The right to repeal, alter, or amend this chap- who have been honorably discharged from that ter at any time is expressly reserved. service together in fellowship that they may ef- (Sept. 16, 1919, ch. 59, § 10, 41 Stat. 285.) fectively promote the ideals of American freedom and democracy; (c) to fit its members for CHAPTER 3A—UNITED SPANISH WAR the duties of citizenship and to encourage them VETERANS to serve as ably as citizens as they have served the Nation under arms; (d) to hold sacred the §§ 56 to 56h. Omitted history and memory of the men who have given CODIFICATION their lives to the Nation; (e) to foster love for Sections 56 to 56h related to United Spanish War Vet- the principles which they have supported by erans, the corporate existence of which terminated pur- blood and valor since the founding of the Repub- suant to former section 56g of this title. lic; (f) to maintain true allegiance to American Section 56, acts Apr. 22, 1940, ch. 130, § 1, 54 Stat. 152; institutions; (g) to create a bond of comradeship July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501, cre- between those in service and those who have re- ated a corporation known as United Spanish War Vet- turned to civil life; (h) to aid voluntarily and to erans, specified individuals eligible for membership, render assistance to all marines and former ma- and specified the powers of the corporation. Section 56a, act Apr. 22, 1940, ch. 130, § 2, 54 Stat. 153, rines as well as to their widows and orphans; (i) defined objects and purposes of corporation. to perpetuate the history of the United States Section 56b, act Apr. 22, 1940, ch. 130, § 3, 54 Stat. 153, Marine Corps and by fitting acts to observe the provided for principal office, place for holding annual anniversaries of historical occasions of peculiar meetings, and possession of property. interest to marines. Section 56c, act Apr. 22, 1940, ch. 130, § 4, 54 Stat. 153, provided for supreme governing authority of corpora- (Aug. 4, 1937, ch. 564, § 2, 50 Stat. 558.) tion. Section 56d, act Apr. 22, 1940, ch. 130, § 5, 54 Stat. 153, § 57b. Powers of corporation provided that governing body determine membership, The corporation (a) shall have perpetual suc- except as limited by provision of section 56 of this title. Section 56e, act Apr. 22, 1940, ch. 130, § 6, 54 Stat. 153, cession; (b) may charge and collect membership provided that activities of corporation be carried on dues and receive contributions of money or through certain agencies. property to be devoted to carrying out the pur- Section 56f, act Apr. 22, 1940, ch. 130, § 7, 54 Stat. 154, poses of the organization; (c) may sue or may be provided corporation exclusive right to name. sued; (d) may adopt a corporate seal and alter it Section 56g, act Apr. 22, 1940, ch. 130, § 8, 54 Stat. 154, at pleasure; (e) may adopt and alter bylaws not provided that corporate existence of United Spanish inconsistent with the Constitution and laws of War Veterans terminate when the last of its members the United States or of any State; (f) may estab- dies. Section 56h, acts Apr. 22, 1940, ch. 130, § 9, 54 Stat. 154; lish and maintain offices for the conduct of its June 25, 1948, ch. 646, § 32(b), 62 Stat. 991; May 24, 1949, business; (g) may appoint or elect officers and ch. 139, § 127, 63 Stat. 107, provided for dispostion and fu- agents; (h) may choose a board of trustees, con- ture ownership of property and archives. sisting of not more than fifteen persons nor less than five persons, to conduct the business and CHAPTER 3B—MARINE CORPS LEAGUE exercise the powers of the corporation; (i) may Sec. acquire, by purchase, devise, bequest, gift, or 57. Corporation created. otherwise, and hold, encumber, convey, or other- § 58 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 18 wise dispose of such real and personal property § 63. Powers of corporation as may be necessary or appropriate for its cor- The corporation (a) shall have perpetual suc- porate purposes; and (j) generally may do any cession; (b) may sue and be sued; (c) may adopt and all lawful acts necessary or appropriate to a corporate seal and alter it at pleasure; (d) may carry out the purposes for which the corporation adopt and alter bylaws not inconsistent with the is created. Constitution and laws of the United States or of (Aug. 4, 1937, ch. 564, § 3, 50 Stat. 559.) any State; (e) may establish and maintain offices for the conduct of its business; (f) may ap- § 58. Annual report point officers and agents; (g) may choose a board The corporation shall, on or before the 1st day of trustees consisting of not more than fifteen of December in each year, transmit to Congress persons nor less than five persons, to conduct a report of its proceedings and activities for the the business and exercise the powers of the cor- preceding calendar year. Such reports shall not poration; (h) may acquire, by purchase, devise, be printed as public documents. bequest, gift, or otherwise, and hold, encumber, convey, or otherwise dispose of, such real and (Aug. 4, 1937, ch. 564, § 4, 50 Stat. 559; Aug. 30, personal property as may be necessary or appro- 1964, Pub. L. 88–504, § 4(5), 78 Stat. 636.) priate for its corporate purposes, and especially AMENDMENTS the whole or any portion of Belleau Wood, De- 1964—Pub. L. 88–504 struck out ‘‘, including the full partment of Aisne, France, to the extent that it and complete statement of its receipts and expendi- may be or become consistent with, or permitted tures’’ after ‘‘calendar year’’. by, the laws of the French Republic; and (i) generally may do any and all lawful acts necessary § 59. Reservation of right to amend or repeal or appropriate to carry out the purposes for chapter which the corporation is created. The right to alter, amend, or repeal this chap- (Mar. 3, 1923, ch. 228, § 3, 42 Stat. 1441.) ter at any time is expressly reserved. § 64. Acquisition of assets and liabilities of exist- (Aug. 4, 1937, ch. 564, § 5, 50 Stat. 559.) ing corporation CHAPTER 4—BELLEAU WOOD MEMORIAL The Belleau Wood Memorial Association, a ASSOCIATION corporation heretofore incorporated under the Sec. laws of the District of Columbia, is authorized 61. Corporation created. to transfer to the corporation created by this 62. Purposes of corporation. chapter all of its property, rights, and assets, 63. Powers of corporation. and such corporation is authorized to receive all 64. Acquisition of assets and liabilities of exist- of such property, rights, and assets. Upon such ing corporation. transfer, such association shall thereby be dis- 65. Annual report. solved, and such corporation shall be liable for 66. Reservation of right to amend or repeal chapter. all the obligations of, and claims against, such association, and all of such obligations and § 61. Corporation created claims may be enforced against the corporation. Ira E. Bennett, Tasker H. Bliss, Nathalie (Mar. 3, 1923, ch. 228, § 4, 42 Stat. 1441.) Boynton, Marie Moore Forrest, Elizabeth Van § 65. Annual report Rensselaer Frazer, James E. Freeman, Margaret Overman Gregory, Harry V. Haynes, John A. The corporation shall, on or before the 1st day LeJeune, A. L. McClellan, Wendell C. Neville, of December in each year, transmit to Congress Frank B. Noyes, John Barton Payne, Augusta a report of its proceedings and activities for the Reath, Alice Hay Wadsworth, John Walsh, and preceding calendar year. Such reports shall not their associates and successors, are created a be printed as public documents. body corporate by the name of ‘‘Belleau Wood (Mar. 3, 1923, ch. 228, § 5, 42 Stat. 1441; Aug. 30, Memorial Association.’’ 1964, Pub. L. 88–504, § 4(6), 78 Stat. 636.)

(Mar. 3, 1923, ch. 228, § 1, 42 Stat. 1441.) AMENDMENTS § 62. Purposes of corporation 1964—Pub. L. 88–504 struck out ‘‘, including the full and complete statement of its receipts and expendi- The purposes of the corporation shall be: (a) tures’’ after ‘‘calendar year’’. To acquire and maintain the whole or any portion of Belleau Wood, Department of Aisne, § 66. Reservation of right to amend or repeal France, for memorial purposes; (b) to erect such chapter buildings and monuments and establish such in- The right to alter, amend, or repeal this chap- stitutions thereon as it may deem appropriate ter at any time is expressly reserved. as a memorial to the men of the American Expe- ditionary Forces who participated in the Battle (Mar. 3, 1923, ch. 228, § 6, 42 Stat. 1441.) of Belleau Wood, France, and vicinity during the CHAPTER 4A—AMVETS (AMERICAN VETER- World War; (c) to solicit and obtain members; (d) ANS OF WORLD WAR II, KOREA, AND to charge and collect membership dues, and to VIETNAM) solicit and receive contributions of money to be devoted to carrying out such purposes; and (e) to Sec. care for and maintain such memorial. 67. Corporation created. 67a. Adoption of constitution, bylaws, and dec- (Mar. 3, 1923, ch. 228, § 2, 42 Stat. 1441.) laration of principles; election of officers. Page 19 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 67

Sec. Charlevoix Building, 2033 Park Avenue, Detroit, 67b. Purposes of corporation. Michigan; Monte M. Korn, 18041 Washburn, De- 67c. Powers of corporation. troit, Michigan; Raymond D. Vosburgh, 2221⁄2 67d. Propaganda activities prohibited; nonpolitical nature of corporation; membership of West Lewis Street, Mankato, Minnesota; George executive committee; headquarters; terri- R. Gess, box 47, Mount Olive, Mississippi; Henry torial scope of activities. W. Simpson, room 500, 119 North Seventh Street, 67e. Membership. Saint Louis, Missouri; R. C. Letcher, Billings 67f. Voting rights of members and convention Fire Department, Billings, Montana; Doctor A. delegates; executive committee. D. Faier, 1102 Medical Arts Building, Omaha, Ne- 67g. Acquisition of assets and liabilities of exist- braska; Jay J. Strode, Wells, Nevada; N. L. ing association. Samaha, C–1, 1 Keeble Street, Plymouth, New 67h. Use of assets on dissolution or liquidation. 67i. Additional corporate powers. Hampshire; William Hepp, 1918 Liberty Bank 67j. Liability for acts of officials and agents. Building, Buffalo, New York; Huston W. Galyen, 67k. Agent for service of process. 1121 Sixteenth Avenue North, Fargo, North Da- 67l. Election of officers. kota; Carl Freudenberg, 1298 Michigan Avenue, 67m. Books and records; inspection. Cincinnati, Ohio; Fred Milligan, attorney at 67n. Prohibition against issuance of stock or pay- law, Columbus, Ohio; Joseph D. Stafford, route ment of dividends. 2, box 662, Oklahoma City, Oklahoma; Anthony 67o. Loans to officers; liability of officers. R. McGrath, 609 Plaza Building, Pittsburgh, 67p. Exclusive right to name, seals, emblems, and badges. Pennsylvania; Harry M. DeWitt, Junior, 2316 67q. Service of process; local authorized agents in Fortieth Street Northwest, Washington, District States. of Columbia; Robert W. Donald, post-office box 67r. Grant and accrual of rights of other national 2, Easley, South Carolina; Dick Kelly, Shaw In- veterans’ organizations. surance Company, Sioux Falls, South Dakota; 67s. Reservation of right to amend or repeal chap- Alex Bullocks, 1464 Washington Street, Mem- ter. phis, Tennessee; Thomas J. Russell, Burlington, § 67. Corporation created Vermont; John E. Fletcher, 806 North Eye Street, Tacoma, Washington; R. L. Stubbs, Pro- The following persons, to wit: Jack W. Hardy, fessional Building, Fairmont, West Virginia; 7421 Beverly Boulevard, Los Angeles, California; Walter L. Thompson, 1316 Lombard, Everett, Elmo Keel, 4085 Minnesota Avenue Northeast, Washington; Robert A. Garrett, 163 Eccles Build- Washington, District of Columbia; William En- ing, Ogden, Utah; Searcy Johnson, 805 Mer- ters, suite 1509–1511, 11 South LaSalle Street, cantile Building, Dallas, Texas; Hampton C. Chicago, Illinois; Doctor Gerald I. Cetrulo, 166 Godbe, 116 P Street, Salt Lake City, Utah; Allen Bloomfield Avenue, Newark, New Jersey; Nor- P. Solada, 311 Dauphin Building, Harrisburg, man Clock, 125 South Fourth Street, Reading, Pennsylvania; George Vukmanic, 221 Martin Pennsylvania; Floyd Williams, C–2 704 North Avenue, Pittsburgh 16, Pennsylvania; Royce C. Monroe Street, Arlington, Virginia; Reverend Granger, 102 East Eighteenth Street, Tulsa, Joseph T. O’Callaghan, United States Navy De- Oklahoma; Charles E. Nassif, 1023 Thirteenth partment, Washington, District of Columbia; Street North, Fargo, North Dakota; Paul D. Hig- George R. Porter, 1730 South Adams Street, Fort gins, 1041⁄2 Broadway, Fargo, North Dakota; Ed- Worth, Texas; Robert E. McLaughlin, 800 South mund P. Radwan, 906 Broadway, Buffalo, New Washington Street, Alexandria, Virginia; Ray York; Alexander J. Matturria, 234 Mount Pros- Sawyer, Plymouth, New Hampshire; James C. pect Avenue, Newark, New Jersey; J. F. Roche, Tate, 2 Wilton Road, Rural Free Delivery Num- Bond Building, 1015 Elm Street, Manchester, bered 5, Alexandria, Virginia; George E. Burke, New Hampshire; Kenneth A. Van Vorst, 114 East 1126 Central Avenue, Saint Petersburg, Florida; Bonanza Road, Las Vegas, Nevada; Julian C. A. Ronald Button, 6331 Hollywood Boulevard, Harvey, 1731 Walnut Street, Kansas City, Mis- Hollywood 28, California; Americus Lamberti, souri; John Wesley, box 482, Picayune, Mis- 515 West Seventh Street, Plainfield, New Jersey; sissippi; Claude C. Morgan, 810 Hammond Build- Emory S. McNider, Coffeyville, Alabama; Allen ing, Detroit, Michigan; Edward A. Trudell, 26 Hansen, 815 East Broadway, Tucson, Arizona; Horan Way, Jamaica Plain, Massachusetts; Vin- Edward S. Shattuck, 1400 North Hobart Boule- cent C. Neeson, Labelle and Bellona, Ruxton, vard, Los Angeles, California; Elvon L. Howell, Baltimore 4, Maryland; R. L. Huot, 106 Elm 652 Gilpin Street, Denver, Colorado; William N. Street, Biddeford, Maine; John E. Sutherlin, Welsh, 21 Bristol Street, West Haven, Connecti- Sutherlin Sales Company, Industries Building, cut; Francis D. Odell, 18 Lawson Avenue, New Orleans, Louisiana; Thomas Wilkerson, 1600 Claymont, Delaware; George Lewis, 125 State Washington, Henderson, Kentucky; John C. Capitol, Atlanta, Georgia; Lee Witaski, 1438 Junkins, Cherokee, Kansas; Doctor C. W. Hoff- Thorndale Avenue, Chicago, Illinois; Doctor man, 1340 Forty-first Street, Des Moines, Iowa; Clyde Iongstreth, Atlantic, Iowa; Harry N. Allen W. Jenkins, 1015 Cherry Street, Evans- Gillig, Junior, 612 Kansas Avenue, Topeka, Kan- ville, Indiana; Edwin I. Bruder, 6837 Clyde Ave- sas; John H. Ostertag, 955 Charles Street, Louis- nue, Chicago, Illinois; Harry P. Orcutt, Fort ville, Kentucky; Otto E. Passman, 114–120 Wal- Benning, Georgia; Arthur Di Vincent, post-office nut Street, post-office drawer 1833, Monroe, Lou- box 4579, Miami 28, Florida; Maurice B. isiana; Doctor G. E. Marrone, 610 Fairview Ave- Marholin, 176 McClintock Road, New Britain, nue, Frederick, Maryland; Howard J. McDonald, Connecticut; Harry Steinbery, First National 4 College Street, Lewiston, Maine; Edward J. Bank Building, El Dorado, Arkansas; Jess Cur- Beauchamp, 4 College Street, Lewiston, Maine; tiss, 807 North Third Street, Phoenix, Arizona; Albert J. Reynolds, Tremont Temple Building, Edward S. Coston, 69 Ninth Street North, Bir- Boston, Massachusetts; Neil Holland, 401 mingham, Alabama; Anthony O. Jones, 315 Secu- § 67a TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 20 rity Building, Phoenix, Arizona; Frank Dee United States adopted a national constitution, Scriven, 8474 West Third Street, Los Angeles 36, bylaws, and declaration of principles and duly California; Allen C. Hessier, 1275 Clarkson elected national officers for said organization, Street, Number 4, Denver 3, Colorado; Michael all as set forth in the Congressional Record, pro- Dzamki, 3912 First Street, East Chicago, Indi- ceedings and debates of the Seventy-ninth Con- ana; S. Howard Rudolph, Junior, Atlantic, Iowa; gress, first session, on November 6 and 7, 1945. Fred K. Greer, 427 East Market Street, Prince- (July 23, 1947, ch. 298, § 2, 61 Stat. 405.) ton, Kentucky; Roy Morgan, Winnfield, Louisi- ana; James C. Wilt, 842 Columbia Avenue, Cum- CODIFICATION berland, Maryland; Chester Modzelewski, 67 Amendment of this section by Pub. L. 95–98, § 1(a), Davenport Street, Chicopee, Massachusetts; Ar- Aug. 15, 1977, 91 Stat. 830, which directed that thur Madar, 9166 Yorkshire, Detroit, Michigan; ‘‘AMVETS (American Veterans of World War II, Korea, John J. Clark, 257 Harrison Street, Biloxi, Mis- and Vietnam)’’ be substituted for ‘‘AMVETS (American sissippi; William E. Blake, 73 Grey, Buffalo 12, Veterans of World War II)’’ has not been executed to text because the organization name is used in this sec- New York; Albert Geremia, room 303, 17 Ex- tion in the context of a historical reference to the change Street, Providence, Rhode Island; Frank name of the predecessor unincorporated association as E. Richter, 3, 12–14 West Sixth Street, Evans- that association existed at the time of the 1945 conven- ville, Indiana; Frank J. Ross, 1020 East Pleasant, tion, at which time the association was named Milwaukee, Wisconsin; Conrad K. Strauss, 160 ‘‘AMVETS (American Veterans of World War II)’’. Holland Avenue, Cowesett, Rhode Island; Paul S. Limerick, 456 Catalina, Webster Groves, Mis- § 67b. Purposes of corporation souri; Raymond O’Brien, 22 North Ryan Street, The purposes of this corporation shall be as Buffalo, New York; Dallas P. Richeson, post-of- follows: fice box 2226, Phoenix, Arizona; Fred Nimz, route (1) To preserve for ourselves and our poster- 6, box 815A, Phoenix, Arizona; Tom Bulman, 243 ity the great and basic truths and enduring East Fifteenth Street, Tucson, Arizona; Charles principles upon which this Nation was found- E. Brode, 15 North Lee Street, Cumberland, ed. Maryland; Clyde B. Blanton, 2095 Seventh Ave- (2) To maintain a continuing interest in the nue, North, Saint Petersburg, Florida; Floyd welfare and rehabilitation of the disabled vet- Cooper, 912 Polk Street, Amarillo, Texas; Paul erans of World War II, the Korean conflict, and Moody, 548 South Spring Street, Los Angeles, the Vietnam era and to establish facilities for California; Oliver A. Farabee, Lexington, North the assistance of all veterans and to represent Carolina; Thad Males, 329 West Valerio Street, them in their claims before the Department of Santa Barbara, California; and such persons who Veterans Affairs and other organizations with- are members of the AMVETS (American Veter- out charge. ans of World War II, Korea, and Vietnam) and (3) To dedicate ourselves to the service and their successors, are created and declared to be best interests of the community, State, and a body corporate by the name AMVETS (Amer- Nation, to the end that our country shall be ican Veterans of World War II, Korea, and Viet- and remain forever a whole, strong, and free nam) and by such name shall be known and have Nation. perpetual succession of the powers, limitations, (4) To aid and encourage the abolition of and restrictions herein contained. prejudice, ignorance, and disease. To encourage universal exercise of the voting franchise, (July 23, 1947, ch. 298, § 1, 61 Stat. 403; Aug. 15, to the end that there shall be elected and 1977, Pub. L. 95–98, § 1(a), 91 Stat. 830.) maintained in public office men and women AMENDMENTS who hold such office as a public trust administered in the best interests of all the people. 1977—Pub. L. 95–98 substituted ‘‘World War II, Korea, and Vietnam)’’ for ‘‘World War II)’’. (5) To advocate the development and means by which all Americans may become enlight- EFFECTIVE DATE OF 1977 AMENDMENT ened and informed citizens and thus partici- Section 2 of Pub. L. 95–98 provided that: ‘‘The amend- pate fully in the functions of our democracy. ments made by the first section of this Act [amending (6) To encourage and support an inter- this section and sections 67a, 67b, 67e, 67g, 67h, and 67p national organization of all peace-loving na- to 67r of this title] shall take effect on the first day of tions, to the end that not again shall any na- the second calendar month following the date of enact- tion be permitted to breach their national ment of this Act [Aug. 15, 1977].’’ peace. SECTION REFERRED TO IN OTHER SECTIONS (7) To continue to serve the best interests of our Nation in peace as in war. This section is referred to in section 67a of this title. (8) To develop to the utmost the human, § 67a. Adoption of constitution, bylaws, and dec- mental, spiritual, and economical resources of laration of principles; election of officers our Nation. (9) To perpetuate and preserve the friend- A majority of the persons above named and ships and comradeship born on the battle front other persons selected from among the member- and nurtured in the common experience of ship of AMVETS (American Veterans of World service to our Nation during time of war. War II), an unincorporated association as set (10) To honor the memory of those men and forth in section 67 of this title, met in national women who gave their lives that a free Amer- convention in Chicago, Illinois, on October 12, ica and a free world might live by the creation 13, and 14, 1945, and then and there, by and of living memorials in the form of additional through duly elected delegates representing one educational, cultural, and recreational facili- hundred and thirty-one posts throughout the ties. Page 21 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 67e

(11) To operate as a corporation not for prof- Guaranty Building, Los Angeles, California; Al- it and that no part of the income or assets bert J. Reynolds, 3117 Washington Street, Rox- shall inure to the benefit of any of its mem- bury, Massachusetts; L. M. Hinshaw, box 558, bers, directors, or officers, nor be distributable Asheboro, North Carolina; J. M. Crespi, Sims thereto otherwise than upon dissolution or Building, 12 Auburn Avenue Northeast, Atlanta, final liquidation; and that such corporation is Georgia; Arthur J. Madar, 9166 Yorkshire, De- organized and shall be operated exclusively for troit 24, Michigan; Kenneth A. Anderson, 7166 charitable, educational, patriotic, and civic South Penn Street, Denver, Colorado; Anthony improvement purposes. O. Jones, 315 Security Building, Phoenix, Ari- zona; Agnes Frazee, post-office box 751, Union- (July 23, 1947, ch. 298, § 3, 61 Stat. 405; Aug. 15, town, Pennsylvania; Floyd Williams, C–2, 704 1977, Pub. L. 95–98, § 1(b)(1), 91 Stat. 830; June 13, North Monroe Street, Arlington, Virginia; Wil- 1991, Pub. L. 102–54, § 13(n)(1), 105 Stat. 278.) liam Kipp, 1032 North Dearborn Street, Chicago, AMENDMENTS Illinois; John J. Carney, 308 Leader Building, 1991—Par. (2). Pub. L. 102–54 substituted ‘‘Department Cleveland, Ohio; Doctor John S. Weir, 618 South of Veterans Affairs’’ for ‘‘Veterans’ Administration’’. Main Street, Fond du Lac, Wisconsin; Reverend 1977—Par. (2). Pub. L. 95–98 inserted ‘‘, the Korean Sam Hill Ray, Loyola University, New Orleans, conflict, and the Vietnam era’’ after ‘‘World War II’’. Louisiana; Nathan Gordon, Little Rock, Arkan- sas; Thad Males, 329 West Valerio Street, Santa EFFECTIVE DATE OF 1977 AMENDMENT Barbara, California; Al Grossi, Farmington, Amendment by Pub. L. 95–98 effective Oct. 1, 1977, see Connecticut; Harry M. De Witt, Junior, 2316 For- section 2 of Pub. L. 95–98, set out as a note under sec- tieth Street Northwest, Washington, District of tion 67 of this title. Columbia; George E. Burke, 1126 Central Ave- § 67c. Powers of corporation nue, Saint Petersburg, Florida; Charles L. Crow- ley, 935 Oglethorpe Avenue, Atlanta, Georgia; L. The corporation created shall have the follow- Harlan Swisher, 306 Davidson Drive, Champaign, ing powers: To have perpetual succession with Illinois; Arthur Schnipper, 4334 Ivy Street, East power to sue and be sued in any court of com- Chicago, Indiana; Robert Buckmaster, 158 Wood- petent jurisdiction; take and hold by lease, gift, stock Road, Waterloo, Iowa; William C. Moss, purchase, grant, devise, or bequest any property, Bogalusa, Louisiana; Edward J. Beauchamp, 163 real or personal, necessary for attaining the ob- Lisbon Street, Lewiston, Maine; Thomas Burke, jects and carrying into effect the purposes of the 222 South Street, Fitchburg, Massachusetts; corporation, subject, however, to applicable pro- Milton F. Cooney, 55 Naomi Street, Pontiac, visions of law of any State (A) governing the Michigan; Paul Limerick, 456 Catalina, Webster amount or kind of real and personal property Groves, Missouri; Louis W. Zaris, 331 Guarantee which may be held by, or (B) otherwise limiting Trust Building, Atlantic City, New Jersey; Wil- or controlling the ownership of real and per- liam Hepp, 176 Lafayette Street, Buffalo, New sonal property by, a corporation operating in York; J. C. Powell, box 830, Winston-Salem, such State; to ordain and establish bylaws and North Carolina; E. L. Hallowell, 455 Forest Ave- regulations not inconsistent with the laws of the nue, Dayton, Ohio; K. L. Shirk, 33 North Duke United States of America or any State thereof, Street, Lancaster, Pennsylvania; Albert for the management of its property and the reg- Geremia, 277 Webster Avenue, Providence, ulation of its affairs; to use in carrying out its Rhode Island; Richard H. Dewey, 251 Madison purposes such seals, emblems, and badges as it Avenue, Memphis, Tennessee; Ivan Stone, 2708 may lawfully adopt; to establish State and re- West Lamar, Houston, Texas; Doctor M. H. gional organizations and local posts; to publish Seidner, 406 First Security Bank Building, magazines, newspapers, or any other publica- Ogden, Utah; J. C. McCaughan, Junior, 1904 West tions consistent with the purposes of the cor- Broad Street, Richmond, Virginia; John F. How- poration and to do any and all such acts and ell, Junior, 11101⁄2 Seventeenth Street, Parkers- things as may be necessary and proper to carry burg, West Virginia; and Kenneth Kunde, into effect the purposes of the corporation. Quonset Park, Oshkosh, Wisconsin. (July 23, 1947, ch. 298, § 4, 61 Stat. 406.) (4) The headquarters office and principal place of business of said corporation shall be located CROSS REFERENCES in Washington, District of Columbia, but the ac- Additional powers, see section 67i of this title. tivities of said organization, as set out herein, shall not be confined to the District of Colum- § 67d. Propaganda activities prohibited; non- bia, but shall be conducted throughout the var- political nature of corporation; membership ious States, Territories, and possessions of the of executive committee; headquarters; terri- United States. torial scope of activities (July 23, 1947, ch. 298, § 5, 61 Stat. 406.) (1) No part of the activities of the corporation § 67e. Membership shall consist of carrying on propaganda. (2) The corporation and its officers and the Eligibility for membership in AMVETS and members of its executive committee as such the rights and privileges of members shall, ex- shall not contribute to or otherwise support or cept as provided in this chapter, be as provided assist any political party or candidate for elec- in the constitution and bylaws of the organiza- tive public office. tion, and terms of membership and requirements (3) The current executive committee consists for holding office within the organization shall of forty members, namely, Ray Sawyer, Plym- not be discriminatory on the basis of race, color, outh, New Hampshire; Jack W. Hardy, Title religion, sex or national origin. § 67f TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 22

(July 23, 1947, ch. 298, § 6, 61 Stat. 407; Dec. 28, (July 23, 1947, ch. 298, § 8, 61 Stat. 407.) 1950, ch. 1178, 64 Stat. 1122; July 26, 1955, ch. 383, CODIFICATION 69 Stat. 375; Sept. 14, 1966, Pub. L. 89–576, 80 Stat. 772; Aug. 15, 1977, Pub. L. 95–98, § 1(b)(2), 91 Stat. Amendment of this section by Pub. L. 95–98, § 1(a), 830; May 31, 1984, Pub. L. 98–304, 98 Stat. 220.) Aug. 15, 1977, 91 Stat. 830, which directed that ‘‘AMVETS (American Veterans of World War II, Korea, AMENDMENTS and Vietnam)’’ be substituted for ‘‘AMVETS (American Veterans of World War II)’’ has not been executed to 1984—Pub. L. 98–304 amended section generally. Prior text because the organization name is used in this sec- to amendment, section read as follows: ‘‘Any person tion in the context of a historical reference to the who served in the Armed Forces of the United States of name of the predecessor unincorporated association as America or any American citizen who served in the that association existed at the time of the 1945 conven- armed forces of an allied nation of the United States at tion, at which time the association was named any time after September 15, 1940, and before May 8, ‘‘AMVETS (American Veterans of World War II)’’. 1975, is eligible for regular membership in AMVETS, provided such service when terminated by discharge or § 67h. Use of assets on dissolution or liquidation release from active duty be by honorable discharge or separation. No person who is a member of, or who advo- In the event of a final dissolution or liquida- cates the principles of, any organization believing in, tion of such corporation, and after the discharge or working for, the overthrow of the United States or satisfactory provisions for the discharge of Government by force, and no person who refuses to up- all its liabilities, the remaining assets of the hold and defend the Constitution of the United States, shall be privileged to become, or continue to be, a said corporation shall be transferred to the De- member of this organization’’. partment of Veterans Affairs to be applied to 1977—Pub. L. 95–98 substituted ‘‘at any time after the care and comfort of disabled veterans of September 15, 1940, and before May 8, 1975,’’ for ‘‘on or World War II, the Korean conflict and the Viet- after September 16, 1940, and on or before the date of nam era. cessation of hostilities as determined by the Govern- ment of the United States,’’. (July 23, 1947, ch. 298, § 9, 61 Stat. 407; Aug. 15, 1966—Pub. L. 89–576 redefined eligibility for member- 1977, Pub. L. 95–98, § 1(b)(3), 91 Stat. 830; June 13, ship in AMVETS, substituting ‘‘the date of cessation of 1991, Pub. L. 102–54, § 13(n)(1), 105 Stat. 278.) hostilities as determined by the Government of the United States’’ for ‘‘January 31, 1955’’. AMENDMENTS 1955—Act July 26, 1955, substituted ‘‘and on or before 1991—Pub. L. 102–54 substituted ‘‘Department of Vet- January 31, 1955’’ for ‘‘and before the legal termination erans Affairs’’ for ‘‘Veterans’ Administration’’. of World War II’’. 1977—Pub. L. 95–98 inserted ‘‘, the Korean conflict 1950—Act Dec. 28, 1950, redefined eligibility for mem- and the Vietnam era’’ after ‘‘World War II’’. bership in AMVETS. EFFECTIVE DATE OF 1977 AMENDMENT EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95–98 effective Oct. 1, 1977, see Amendment by Pub. L. 95–98 effective Oct. 1, 1977, see section 2 of Pub. L. 95–98, set out as a note under sec- section 2 of Pub. L. 95–98, set out as a note under section 67 of this title. tion 67 of this title. § 67i. Additional corporate powers CROSS REFERENCES Penalty for unauthorized manufacture, reproduction, The corporation shall have power to— or sale of badges or emblems of veterans’ organizations, (1) Have succession by its corporate name; see section 705 of Title 18, Crimes and Criminal Proce- (2) Choose such officers, representatives, and dure. agents as are necessary to carry out the purposes of the corporation; § 67f. Voting rights of members and convention (3) Contract and be contracted with; delegates; executive committee (4) Transfer and convey all real or personal (1) Each member of the said corporation shall property; have the right to one vote in the conduct of offi- (5) Borrow money for the purposes of the cial business at the post level. Each post shall corporation, issue bonds therefor, and secure have the right to elect delegates to national same by mortgage subject in every case to all conventions of the corporation, which delegates applicable provisions of Federal or State laws. shall each exercise one vote in the conduct of (July 23, 1947, ch. 298, § 10, 61 Stat. 407.) business of the respective convention to which he is elected. § 67j. Liability for acts of officials and agents (2) The executive committee of the said cor- The corporation shall be liable for the acts of poration shall consist of one member duly elect- its officials, representatives, and agents when ed to represent each department, and, in addi- acting within the scope of their authority. tion, all elective officers shall be members of the executive committee, ex officio. (July 23, 1947, ch. 298, § 11, 61 Stat. 407.) (July 23, 1947, ch. 298, § 7, 61 Stat. 407.) § 67k. Agent for service of process § 67g. Acquisition of assets and liabilities of exist- The corporation shall maintain in the District ing association of Columbia at all times a designated agent authorized to accept services of processes for such The said corporation may and shall acquire all corporation; and notice to or service upon such of the assets of the existing unincorporated as- agent, or mail to the business address of such sociation known as AMVETS (American Veter- agent, shall be deemed notice or service upon ans of World War II) upon discharge or satisfac- the corporation. tory provisions for the discharge of all its liabilities. (July 23, 1947, ch. 298, § 12, 61 Stat. 407.) Page 23 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES §§ 71 to 77

§ 67l. Election of officers CROSS REFERENCES The following national officers of the said cor- Penalty for unauthorized manufacture, reproduction, poration shall be elected by the chosen delegates or sale of badges or emblems of veterans’ organizations, thereof in annual national conventions, each of- see section 705 of Title 18, Crimes and Criminal Proce- dure. ficial delegate casting one vote, to wit: National commander and seven national vice command- § 67q. Service of process; local authorized agents ers, one of whom shall be a woman; finance offi- in States cer, adjutant, judge advocate, and provost mar- shal. As a condition precedent to the exercise of any power or privilege herein granted or conferred (July 23, 1947, ch. 298, § 13, 61 Stat. 408.) AMVETS (American Veterans of World War II, § 67m. Books and records; inspection Korea, and Vietnam) shall serve notice on the secretary of state, in each State, of the name The corporation shall keep correct and com- and address of an authorized agent in such State plete books and records of account and shall upon whom legal process or demands against also keep minutes of the proceedings of its mem- this corporation may be served. bers, executive committee, and committees having any of the authority of the executive com- (July 23, 1947, ch. 298, § 18, 61 Stat. 408; Aug. 15, mittee; and shall keep at its registered office or 1977, Pub. L. 95–98, § 1(a), 91 Stat. 830.) principal office a record giving the names and AMENDMENTS addresses of its members entitled to vote; and 1977—Pub. L. 95–98 substituted ‘‘World War II, Korea, permit all books and records of the corporation and Vietnam)’’ for ‘‘World War II)’’. to be inspected by any member or his agent or his attorney for any proper purpose at any rea- EFFECTIVE DATE OF 1977 AMENDMENT sonable time. Amendment by Pub. L. 95–98 effective Oct. 1, 1977, see (July 23, 1947, ch. 298, § 14, 61 Stat. 408.) section 2 of Pub. L. 95–98, set out as a note under section 67 of this title. CROSS REFERENCES § 67r. Grant and accrual of rights of other na- Printing of proceedings of national encampments as House documents, see section 1332 of Title 44, Public tional veterans’ organizations Printing and Documents. Such provisions, privileges, and prerogatives § 67n. Prohibition against issuance of stock or as have been granted heretofore to other na- payment of dividends tional veterans’ organizations by virtue of their being incorporated by Congress are granted and The corporation shall not have or issue shares accrue to AMVETS (American Veterans of of stock, nor declare or pay dividends. World War II, Korea, and Vietnam). (July 23, 1947, ch. 298, § 15, 61 Stat. 408.) (July 23, 1947, ch. 298, § 19, 61 Stat. 408; Aug. 15, § 67o. Loans to officers; liability of officers 1977, Pub. L. 95–98, § 1(a), 91 Stat. 830.) No loan shall be made by the corporation to AMENDMENTS its officers or directors, or any of them, and any 1977—Pub. L. 95–98 substituted ‘‘World War II, Korea, directors of the corporation who vote for or as- and Vietnam)’’ for ‘‘World War II)’’. sent to the making of a loan or advance to an of- EFFECTIVE DATE OF 1977 AMENDMENT ficer or director of the corporation, and any officer or officers participating in the making of Amendment by Pub. L. 95–98 effective Oct. 1, 1977, see any such loan or advance, shall be jointly and section 2 of Pub. L. 95–98, set out as a note under section 67 of this title. severally liable to the corporation for the amount of such loan until the repayment there- § 67s. Reservation of right to amend or repeal of. chapter (July 23, 1947, ch. 298, § 16, 61 Stat. 408.) The right to repeal, alter, or amend this chap- § 67p. Exclusive right to name, seals, emblems, ter at any time is expressly reserved. and badges (July 23, 1947, ch. 298, § 20, 61 Stat. 408.) The corporation and its State, regional, and CHAPTER 5—GRAND ARMY OF THE local subdivisions shall have the sole and exclu- REPUBLIC sive right to have and use in carrying out its purposes the name AMVETS (American Veter- §§ 71 to 77. Omitted ans of World War II, Korea, and Vietnam), and CODIFICATION such seals, emblems, and badges as the corporation may lawfully adopt. Sections 71 to 77 related to Grand Army of the Repub- lic, the corporate existence of which terminated pursu- (July 23, 1947, ch. 298, § 17, 61 Stat. 408; Aug. 15, ant to former section 76 of this title. 1977, Pub. L. 95–98, § 1(a), 91 Stat. 830.) Section 71, act June 3, 1924, ch. 242, § 1, 43 Stat. 358, created a corporation known as Grand Army of the Re- AMENDMENTS public, with a membership limited to those who served 1977—Pub. L. 95–98 substituted ‘‘World War II, Korea, as soldiers and sailors of the United States between and Vietnam)’’ for ‘‘World War II)’’. Apr. 12, 1861, and Apr. 9, 1865, or in State regiments called into active service between those date and who EFFECTIVE DATE OF 1977 AMENDMENT were honorably discharged, and specified the powers of Amendment by Pub. L. 95–98 effective Oct. 1, 1977, see the corporation. section 2 of Pub. L. 95–98, set out as a note under sec- Section 72, act June 3, 1924, ch. 242, § 2, 43 Stat. 359, tion 67 of this title. defined objects and purposes of corporation. § 78 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 24

Section 73, act June 3, 1924, ch. 242, § 3, 43 Stat. 359, Mildred Puckett, Louisville, Kentucky; Ada An- provided for a governing body for corporation. derson, Wilmington, Delaware; and all past na- Section 74, act June 3, 1924, ch. 242, § 4, 43 Stat. 359, tional presidents, and their successors, are cre- provided that governing body determine membership, ated and declared to be a body corporate of the except as limited by the provision of section 71 of this title. District of Columbia, where its legal domicile Section 75, act June 3, 1924, ch. 242, § 5, 43 Stat. 359, shall be, by the name of the Ladies of the Grand provided that activities of corporation be carried on Army of the Republic (hereinafter referred to as through certain agencies. the corporation), and by such name, shall be Section 76, act June 3, 1924, ch. 242, § 6, 43 Stat. 360, known and have perpetual succession and the provided that corporate existence of Grand Army of the powers, limitations, and restrictions herein con- Republic terminate when the last of its members dies. tained. Section 77, acts June 3, 1924, ch. 242, § 7, 43 Stat. 360; June 25, 1936, ch. 804, 49 Stat. 1921; June 25, 1948, ch. 646, (Pub. L. 86–47, § 1, June 17, 1959, 73 Stat. 76.) § 32(b), 62 Stat. 991; May 24, 1949, ch. 139, § 127, 63 Stat. 107, provided for disposal of property and archives. § 78a. Omitted CHAPTER 5A—LADIES OF THE GRAND ARMY CODIFICATION OF THE REPUBLIC Section, Pub. L. 86–47, § 2, June 17, 1959, 73 Stat. 77, related to procedure for completion of organization of Sec. corporation. 78. Corporation created. 78a. Omitted. § 78b. Purposes of corporation 78b. Purposes of corporation. 78c. Powers of corporation. The purposes of the corporation shall be: To 78d. Membership; voting rights. perpetuate the memory of the Grand Army of 78e. Governing body; composition; meetings. the Republic and of the men who saved the 78f. Officers of corporation; selection; tenure; du- Union in 1861 to 1865; to assist in every prac- ties. ticable way in the preservation and making 78g. Principal office; territorial scope of activi- available for research of documents and records ties; agent for service of process. pertaining to the Grand Army of the Republic 78h. Distribution of income or assets to members; loans. and its members; to cooperate in doing honor to 78i. Nonpolitical nature of corporation. all those who have patriotically served our 78j. Liability for acts of officers and agents. country in any way; to teach patriotism and the 78k. Prohibition against issuance of stock or pay- duties of citizenship, the true history of our ment of dividends. country, and the love and honor of our flag; to 78l. Books and records; inspection. oppose every tendency or movement that would 78m. Repealed. weaken loyalty to, or make for the destruction 78n. Annual report. or impairment of, our constitutional Union; and 78o. Exclusive right to name, emblems, seals, and badges. to inculcate and broadly sustain the American 78p. Use of assets on dissolution or liquidation. principles of representative government, of 78q. Reservation of right to amend or repeal chap- equal rights, and of impartial justice for all. ter. (Pub. L. 86–47, § 3, June 17, 1959, 73 Stat. 77.) § 78. Corporation created § 78c. Powers of corporation The following-named persons, to wit: Gussie The corporation shall have power— Laile Morin, Seattle, Washington; Margaret (1) to have succession by its corporate name; Hopkins Worrell, Ironton, Ohio; Twannette (2) to sue and be sued, complain and defend Paull, Kansas City, Missouri; Nellie D. Howe, in any court of competent jurisdiction; Grand Rapids, Michigan; Sarah J. Ehrmann, Or- (3) to adopt, use, and alter a corporate seal; ange City, Florida; Mabel S. Taylor, Providence, (4) to choose such officers, managers, agents, Rhode Island; Edwina P. Trigg, Kansas City, and employees as the activities of the corpora- Missouri; Cora M. Rowling, Indianapolis, Indi- tion may require; ana; Irene Mangle, Woodruff, Wisconsin; Cath- (5) to adopt, amend, and alter a constitution erine G. Schroeder, Los Angeles, California; and bylaws; not inconsistent with the laws of Mabel Y. Coffey, Colorado Springs, Colorado; the United States or of any State in which the Helen M. Lehman, Jersey City, New Jersey; corporation is to operate, for the management Margaret Grandle, Pittsburg, Kansas; Frances of its property and the regulation of its af- M. Kuhns, Greensburg, Pennsylvania; Gladys W. fairs; Newton, Charleston, West Virginia; Olive (6) to contract and be contracted with; Vanwagenen, Washington, District of Columbia; (7) to take by lease, gift, purchase, grant, de- Luella Orr, Tulsa, Oklahoma; Edna S. Lindsey, vise, or bequest from any public body or agen- Portland, Oregon; Rosalie E. Leonard, Boise, cy or any private corporation, association, Idaho; Lura B. Frye, Peoria, Illinois; Theo partnership, firm, or individual and to hold ab- McCallum, Neenah, Wisconsin; Eloise E. solutely or in trust for any of the purposes of Whitmer, Washington, District of Columbia; the corporation any property, real, personal, Harriet E. Hughes, New York City, New York; or mixed, necessary or convenient for attain- Margaret G. Urban, Oakmont, Pennsylvania; ing the objects and carrying into effect the Bertha Hunt, Des Moines, Iowa; Marie E. purposes of the corporation, subject, however, Godda, Omaha, Nebraska; Anna Hausman, Wash- to applicable provisions of law of any State ington, District of Columbia; Frances C. Linnell, (A) governing the amount or kind of property Plymouth, Massachusetts; Alma M. Blitz, Min- which may be held by, or (B) otherwise limit- neapolis, Minnesota; Lila Lovett, Portland, ing or controlling the ownership of property Maine; Eveh M. Ervin, Keene, New Hampshire; by, a corporation operating in such State; Page 25 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 78l

(8) to transfer, convey, lease, sublease, en- (Pub. L. 86–47, § 7, June 17, 1959, 73 Stat. 78.) cumber and otherwise alienate real, personal, or mixed property; § 78g. Principal office; territorial scope of activi- (9) to borrow money for the purposes of the ties; agent for service of process corporation, issue bonds therefor, and secure (a) The principal office of the corporation the same by mortgage, deed of trust, pledge or shall be located in Washington, District of Co- otherwise, subject in every case to all applica- lumbia, or in such other place as may later be ble provisions of Federal and State laws; and determined by the corporation, but the activi- (10) to do any and all acts and things nec- ties of the corporation shall not be confined to essary and proper to carry out the objects and that place and may be conducted throughout the purposes of the corporation. various States, Territories, and possessions of (Pub. L. 86–47, § 4, June 17, 1959, 73 Stat. 77.) the United States. (b) The corporation shall have in the District § 78d. Membership; voting rights of Columbia at all times a designated agent authorized to accept service of process for the cor- (a) Eligibility for membership in the corpora- poration; and notice to or service upon such tion and the rights, privileges, and designation agent, or mailed to the business address of such of classes of membership shall, except as pro- agent, shall be deemed notice to or service upon vided in this chapter, be determined as the con- the corporation. stitution and bylaws of the corporation may provide. Eligibility for membership in the cor- (Pub. L. 86–47, § 8, June 17, 1959, 73 Stat. 78.) poration shall be limited to female blood relatives of persons who served between April 12, § 78h. Distribution of income or assets to mem- 1861, and April 9, 1865, as soldiers or sailors of bers; loans the United States Army, Navy, Marine Corps, or (a) No part of the income or assets of the cor- Revenue-Cutter Service, and of such State regi- poration shall inure to any of its members or of- ments as were called into active service and ficers as such, or be distributable to any of them were subject to orders of United States general during the life of the corporation or upon its dis- officers between the dates above mentioned and solution or final liquidation. Nothing in this were honorably discharged therefrom at the subsection, however, shall be construed to pre- close of such service or who died in such service. vent the payment of compensation to officers of (b) Each member of the corporation shall have the corporation or reimbursement for actual the right to one vote in each matter submitted necessary expenses in amounts approved by the to a vote at all meetings of the members of the council of administration of the corporation. corporation. (b) The corporation shall not make loans to its (Pub. L. 86–47, § 5, June 17, 1959, 73 Stat. 78.) officers or employees. Any member of the council of administration who votes for or assents to REVENUE CUTTER SERVICE the making of a loan or advance to an officer or Coast Guard established in lieu of Revenue Cutter employee of the corporation, and any officer Service and Life-Saving Service by act Jan. 28, 1915, ch. who participates in the making of such loan or 20, § 1, 38 Stat. 800. That act was repealed by act Aug. advance, shall be jointly and severally liable to 4, 1949, ch. 393, § 20, 63 Stat. 561, section 1 of which rees- the corporation for the amount of such loan tablished the Coast Guard by enacting Title 14, Coast until the repayment thereof. Guard. (Pub. L. 86–47, § 9, June 17, 1959, 73 Stat. 78.) § 78e. Governing body; composition; meetings § 78i. Nonpolitical nature of corporation The supreme governing authority of the corporation shall be the national convention there- The corporation and its officers and agents as of, composed of such officers and elected rep- such shall not contribute to any political party resentatives from the several States and other or candidate for public office. local subdivisions of the corporate organization (Pub. L. 86–47, § 10, June 17, 1959, 73 Stat. 79.) as shall be provided by the constitution and bylaws: Provided, That the form of the government § 78j. Liability for acts of officers and agents of the corporation shall always be representa- The corporation shall be liable for the acts of tive of the membership at large and shall not its officers and agents when acting within the permit the concentration of control thereof in scope of their authority. the hands of a limited number of members or in a self-perpetuating group not so representative. (Pub. L. 86–47, § 11, June 17, 1959, 73 Stat. 79.) The meetings of the national convention may be held in any State or Territory or in the District § 78k. Prohibition against issuance of stock or of Columbia. payment of dividends (Pub. L. 86–47, § 6, June 17, 1959, 73 Stat. 78.) The corporation shall have no power to issue any shares of stock or to declare or pay any § 78f. Officers of corporation; selection; tenure; dividends. duties (Pub. L. 86–47, § 12, June 17, 1959, 73 Stat. 79.) The officers of the corporation shall be se- § 78l. Books and records; inspection lected in such manner and for such terms and with such duties and titles as may be prescribed The corporation shall keep correct and com- in the constitution and bylaws of the corpora- plete books and records of account and shall tion. keep minutes of the proceedings of its national § 78m TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 26 conventions and council of administration. All York; James Kozeluh, of Arkansas; Earl Booher, books and records of the corporation may be in- of Kansas; Carl Bronner, of Michigan; Samuel spected by any member, or his agent or attor- Hendrickson, of Cincinnati; Harvey E. Gilbert, ney, for any proper purposes, at any reasonable of Illinois; Quiller Cole, of Georgia; Lawrence A. time. Bunce, of Colorado; Ludwig Guminish, of New York; Richard H. Miller, junior, of Maryland; (Pub. L. 86–47, § 13, June 17, 1959, 73 Stat. 79.) Charles R. Fear, of Pennsylvania; Oscar M. § 78m. Repealed. Pub. L. 88–504, § 4(7), Aug. 30, Simpkins, of Oklahoma; Everett L. Radford, of 1964, 78 Stat. 636 Texas; Thomas H. Huskey, of Missouri; Lee M. Brame, of Alabama; Frank O. Berg, of Wiscon- Section, Pub. L. 86–47, § 14, June 17, 1959, 73 Stat. 79, sin; Henry G. Beggs, of Georgia; Lawrence V. related to audit of financial transactions and report of Morrow, of Missouri; Charles R. Leguerrir, of such audit to Congress. See sections 1101 to 1103 of this title. Missouri; Walter Taylor, of Missouri; Laigear Antee, of Louisiana; Alois F. Greene, of Illinois; § 78n. Annual report Loyal M. Holmes, of Maryland; Newton A. Kulp, of Pennsylvania; Roswell D. Pitman, of New On or before March 1 of each year the corpora- York; Connie L. McLean, of Texas; Hamilton C. tion shall report to the Congress on its activi- Miles, of Ohio; John J. Austin, of South Dakota; ties during the preceding fiscal year. Such re- Irvine E. Barnes, of Missouri; Bertie W. Randall, port may consist of a report on the proceedings of Missouri; Max N. Kujawski, of Indiana; of the national convention covering such fiscal Charles Freeland, of Illinois; James M. Daniels, year. Such report shall not be printed as a pub- of Tennessee; William E. Yates, of Texas; Mike lic document. Kereli, of Ohio; Peter Lionudakes, of Utah; (Pub. L. 86–47, § 15, June 17, 1959, 73 Stat. 79.) Vaclav T. Jesek, of Texas; Samuel Hillman, of Ohio; Herbert S. Journeau, of Michigan; Charles § 78o. Exclusive right to name, emblems, seals, F. Ross, of New York; Morgan Rose, of New and badges York; Walter F. Develing, of Illinois; Rudolph E. The corporation and its subordinate divisions Frye, of Maryland; Steve D. Tanner, of Montana; shall have the sole and exclusive right to use the Joseph Hulin, of North Carolina; Blaine G. Yeo- name, ‘‘Ladies of the Grand Army of the Repub- man, of Oklahoma; Thomas Williams, of West lic’’. The corporation shall have the exclusive Virginia; William J. Murray, of New York; Ivan and sole right to use, or to allow or refuse the E. Bushong, of Washington; Raymond Washburn, use of, such emblems, seals, and badges as have of Ohio; William P. Alexander, of Kentucky; heretofore been used by the Ladies of the Grand Burl Glover, of Ohio; John H. Williams, of Wash- Army of the Republic. ington; Joseph L. Herver, of Oklahoma; Daniel Carbone, of Pennsylvania; John J. Varga, of (Pub. L. 86–47, § 16, June 17, 1959, 73 Stat. 79.) Connecticut; John J. Rapp, of Pennsylvania; § 78p. Use of assets on dissolution or liquidation Charles S. Bennett, of Arkansas; Richard Knigge, of Idaho; Walter Mau, of New York; Upon dissolution or final liquidation of the Domenico Capuczi, of New York; John Kosic, of corporation, after discharge or satisfaction of Massachusetts; Raymond S. Day, of Pennsyl- all outstanding obligations and liabilities, the vania; Harry Herring, of Pennsylvania; Samuel remaining assets, if any, of the corporation shall Singer, of Massachusetts; George Graves, of Mis- be distributed in accordance with the deter- souri; Abe Kittay, of New York; John Halahan, mination of the council of administration and in of Pennsylvania; Frank J. Lhota, of Pennsyl- compliance with the constitution and bylaws of vania; Edward J. Paulson, of Pennsylvania; Ellis the corporation and all Federal and State laws De Witt, of the District of Columbia; Bernard applicable thereto. Cady, of Maryland; John Marzullo, of Illinois; (Pub. L. 86–47, § 17, June 17, 1959, 73 Stat. 80.) Joe Brew, of Pennsylvania; Lloyd Pierson, of Nebraska; Philip N. Harrison, of Pennsylvania, § 78q. Reservation of right to amend or repeal and their successors, are created and declared to chapter be a body corporate of the District of Columbia. The name of this corporation shall be ‘‘The The right to alter, amend, or repeal this chap- United States Blind Veterans of the World ter is expressly reserved. War.’’ (Pub. L. 86–47, § 18, June 17, 1959, 73 Stat. 80.) (June 7, 1924, ch. 296, § 1, 43 Stat. 535.)

CHAPTER 6—UNITED STATES BLIND SECTION REFERRED TO IN OTHER SECTIONS VETERANS OF WORLD WAR I This section is referred to in section 82 of this title. Sec. 81. Corporation created. § 82. Completion of organization 82. Completion of organization. 83. Purposes of corporation. The said persons named in section 81 of this 84. Powers of corporation. title are hereby authorized to meet to complete 85. Membership. the organization of said corporation by the se- 86. Nonpolitical nature of corporation. lection of officers, the adoption of a constitution 87. Exclusive right to name. and by-laws, and and 1 to do all other things nec- 88. Reservation of right to amend or repeal chap- essary to carry into effect the provisions of this ter. chapter. § 81. Corporation created (June 7, 1924, ch. 296, § 2, 43 Stat. 535.) The following persons, to wit: James P. Funk, of Pennsylvania; Bernard Corcoran, of New 1 So in original. Page 27 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 90a

§ 83. Purposes of corporation ans’ Administration. Act July 3, 1930, was repealed by section 2202(125) of Pub. L. 85–56, title XXII, June 17, The purposes of the corporation are to bind to- 1957, 71 Stat. 163. Section 201 of Pub. L. 85–56 continued gether for their mutual fellowship and assist- Veterans’ Administration as an independent establish- ance those citizens of the United States of ment in executive branch of Government. See section America who have served their country in war, 301 of Title 38, Veterans’ Benefits. and who bear as a mark of such service the loss § 86. Nonpolitical nature of corporation of their sight and to perpetuate and keep alive the memories of their comradeship and to en- This organization shall be nonpolitical and able them by their organization to render what shall not be used for the dissemination of par- aid they can to the blind in general. tisan principles. (June 7, 1924, ch. 296, § 3, 43 Stat. 535.) (June 7, 1924, ch. 296, § 6, 43 Stat. 536.) § 84. Powers of corporation § 87. Exclusive right to name The corporation created by this chapter shall The corporation and its State and local sub- have the following powers: To have perpetual divisions shall have the sole and exclusive right succession with power to sue and be sued in to have and to use in carrying out its purposes courts of law and equity; to receive, hold, own, the name ‘‘The United States Blind Veterans of use, and dispose of such real estate and personal the World War.’’ property as shall be necessary for its corporate (June 7, 1924, ch. 296, § 7, 43 Stat. 536.) purposes; to adopt a corporate seal and alter the same at pleasure; to adopt a constitution, by- § 88. Reservation of right to amend or repeal laws, and regulations to carry out its purposes, chapter not inconsistent with the laws of the United States or of any State; to use in carrying out The right to repeal, alter, or amend this chap- the purposes of the corporation such emblems ter at any time is expressly reserved. and badges as it may adopt; to establish and (June 7, 1924, ch. 296, § 8, 43 Stat. 536.) maintain offices for the conduct of its business; to establish State and Territorial organizations CHAPTER 6A—DISABLED AMERICAN and local chapter or post organizations; to pub- VETERANS lish a magazine or other publications, and gen- Sec. erally do any and all such acts and things as 90a. Corporation created. may be necessary and proper in carrying into ef- 90b. Completion of organization. fect the purposes of the corporation. 90c. Purposes of corporation. (June 7, 1924, ch. 296, § 4, 43 Stat. 536.) 90d. Powers of corporation. 90e. Membership. CROSS REFERENCES 90f. Nonpolitical nature of corporation. 90g. Acquisition of assets and liabilities of exist- Penalty for unauthorized manufacture, reproduction, ing organization. or sale of badges or emblems of veterans’ organizations, 90h. Exclusive right to name. see section 705 of Title 18, Crimes and Criminal Proce- 90i. Annual report. dure. 90j. Agents for service of process. § 85. Membership 90k. Reservation of right to amend or repeal chapter. Any honorably discharged American veteran of the allied forces who participated in the § 90a. Corporation created World War and whose vision has become defec- The following persons, to wit, Robert S. Marx, tive to such an extent that he is eligible for of Ohio; William J. Donovan, of New York; H. G. training under Supervisor for the Blind of the Lightner, of Kentucky; A. B. Powell, of Ala- Veterans’ Administration, and any ex-service bama; Glenn E. Miner, of Arizona; George H. H. man who is eligible for such training shall be el- Pratt, of Arkansas; Volney P. Mooney, junior, of igible for ‘‘active membership’’ in the United California; A. E. Sherlock, of Colorado; Peter States Blind Veterans of the World War. The Nugent, of Connecticut; Miles H. Draper, of members of this corporation shall have the Florida; William E. Tate, of Georgia; Jesse J. power to admit such other persons to ‘‘honor- McQueen, of Idaho; Herman H. Weimer, of Illi- ary’’ membership as they may see fit. nois; S. G. Smelser, of Indiana; Henry J. Bitters, (June 7, 1924, ch. 296, § 5, 43 Stat. 536; July 3, 1930, of Iowa; E. C. Moore, of Kansas; L. C. Mayeux, of ch. 863, § 1, 46 Stat. 1016.) Louisiana; F. J. McCarthy, of Maine; George W. Golden, of Maryland; J. W. McQueen, of Mis- CHANGE OF NAME souri; Leon C. Waite, of Massachusetts; L. E. Reference to Veterans’ Administration deemed to Sharp, of Michigan; George E. Leach, of Min- refer to Department of Veterans Affairs pursuant to nesota; Quintus E. Camp, of Mississippi; John W. section 10 of Pub. L. 100–527, set out as a Department of Mahan, of Montana; Leonard D. Densmore, of Veterans Affairs Act note under section 301 of Title 38, Nebraska; I. A. Lougaris, of Nevada; E. P. Badg- Veterans’ Benefits. er, of New Hampshire; W. J. Dodd, of New Jer- TRANSFER OF FUNCTIONS sey; Carl F. Whittaker, of New Mexico; Malcolm Smith, of North Carolina; H. J. Muehlenbein, of ‘‘Veterans’ Administration’’ substituted for ‘‘United States Veterans’ Bureau’’ pursuant to act July 3, 1930, North Dakota; Fletcher Riley, of Oklahoma; ch. 863, § 1, 46 Stat. 1016, which consolidated Bureau of Lile Dailey, of Oregon; J. J. O’Leary, of Penn- Pensions, National Home for Disabled Volunteer Sol- sylvania; Arthur Cole, of Rhode Island; G. G. diers, and United States Veterans’ Bureau into Veter- Blackman, of South Carolina; Albert Haugse, of § 90b TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 28

South Dakota; Reuben D. Hays, of Tennessee; M. 1942—Act July 15, 1942, struck out references to veter- A. Harlan, of Texas; Gaylen S. Young, of Utah; ans ‘‘of the World War’’ and inserted ‘‘to serve our com- Malvern S. Ellis, of Vermont; George D. Sim- rades, our communities, and our country;’’. mons, of Virginia; Miles Price, of Washington; § 90d. Powers of corporation W. J. O’Neil, of West Virginia; Reverend G. Stearns, of Wisconsin; and such persons as may The corporation created by this chapter shall be chosen who are members of the Disabled have the following powers: To have perpetual American Veterans of the World War, and their succession with power to sue and be sued in successors, are created and declared to be a body courts of law and equity; to receive, hold, own, corporate. The name of this corporation shall be use, and dispose of such real estate and personal the ‘‘Disabled American Veterans.’’ property as shall be necessary for its corporate purposes; to adopt a corporate seal and alter the (June 17, 1932, ch. 268, § 1, 47 Stat. 320; July 15, same at pleasure; to adopt a constitution, by- 1942, ch. 505, § 1, 56 Stat. 659.) laws, and regulations to carry out its purposes, AMENDMENTS not inconsistent with the laws of the United 1942—Act July 15, 1942, substituted ‘‘Disabled Amer- States or any State; to use in carrying out the ican Veterans’’ for ‘‘Disabled American Veterans of the purposes of the corporation such emblems and World War’’. badges as it may adopt; to establish and maintain offices for the conduct of its business; to es- SECTION REFERRED TO IN OTHER SECTIONS tablish State and Territorial organizations and This section is referred to in section 90b of this title. local chapter or post organizations; to publish a § 90b. Completion of organization newspaper or other publications devoted to the purposes of the corporation; and generally to do The said persons named in section 90a of this any and all such acts and things as may be nec- title, and such other persons as may be selected essary and proper in carrying into effect the from among the membership of the Disabled purposes of the corporation. American Veterans of the World War, an unin- (June 17, 1932, ch. 268, § 4, 47 Stat. 321.) corporated patriotic society of the wounded and disabled soldiers, sailors, and marines of the CROSS REFERENCES Great War of 1917–1918, are hereby authorized to Penalty for unauthorized manufacture, reproduction, meet to complete the organization of said cor- or sale of badges or emblems of veterans’ organizations, poration by the selection of officers, the adop- see section 705 of Title 18, Crimes and Criminal Proce- tion of a constitution and by-laws, and to do all dure. other things necessary to carry into effect the Recognition by Secretary of Veterans Affairs of rep- provisions of this chapter, at which meeting any resentatives of Disabled American Veterans for pros- person duly accredited as a delegate from any ecution of claims under laws administered by Depart- local or State organizations of the existing un- ment of Veterans Affairs, see section 5902 of Title 38, Veterans’ Benefits. incorporated organization known as the Dis- abled American Veterans of the World War shall § 90e. Membership be permitted to participate in the proceedings thereof. Any man or woman who was wounded, gassed, injured, or disabled in line of duty during time (June 17, 1932, ch. 268, § 2, 47 Stat. 320.) of war while in the service of either the military § 90c. Purposes of corporation or naval forces of the United States of America, and who has been honorably discharged or sepa- The purposes of this corporation shall be— rated from such service, or who may still be in To uphold and maintain the Constitution and active service in the armed forces of the United the laws of the United States, to realize the true States, is eligible for membership in the Dis- American ideals and aims for which those eligi- abled American Veterans. Others who were dis- ble to membership fought; to advance the inter- abled while serving with any of the armed forces ests and work for the betterment of all wounded, of any nations associated with the United States injured, and disabled American veterans; to co- as allies during any of its war periods, who are operate with the Department of Veterans Affairs American citizens and who were honorably dis- and all other public and private agencies de- charged, are also eligible. The Disabled Amer- voted to the cause of improving and advancing ican Veterans shall not have honorary members. the condition, health, and interests of all wounded, injured, and disabled veterans; to (June 17, 1932, ch. 268, § 5, 47 Stat. 321; July 15, stimulate a feeling of mutual devotion, helpful- 1942, ch. 505, § 3, 56 Stat. 660.) ness, and comradeship among all wounded, in- AMENDMENTS jured, and disabled veterans; to serve our com- 1942—Act July 15, 1942, struck out limitation on mem- rades, our communities, and our country; and to bership to disabled veterans of World War I, among encourage in all people that spirit of under- other changes. standing which will guard against future wars. (June 17, 1932, ch. 268, § 3, 47 Stat. 320; July 15, § 90f. Nonpolitical nature of corporation 1942, ch. 505, § 2, 56 Stat. 660; June 13, 1991, Pub. The organization shall be nonpolitical and L. 102–54, § 13(n)(2), 105 Stat. 278.) nonsectarian, and as an organization shall not AMENDMENTS promote the candidacy of any person seeking public office. 1991—Pub. L. 102–54 substituted ‘‘Department of Vet- erans Affairs’’ for ‘‘United States Veterans’ Adminis- (June 17, 1932, ch. 268, § 6, 47 Stat. 321; July 15, tration’’. 1942, ch. 505, § 4, 56 Stat. 660.) Page 29 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 91

AMENDMENTS § 90j. Agents for service of process 1942—Act July 15, 1942, struck out comma and in- As a condition precedent to the exercise of any serted ‘‘and’’ after ‘‘nonpolitical’’, inserted ‘‘and’’ be- power or privilege herein granted or conferred, fore ‘‘as’’, and substituted ‘‘person’’ for ‘‘persons’’. the Disabled American Veterans shall file in the § 90g. Acquisition of assets and liabilities of exist- office of the secretary of each State, in which ing organization chapters thereof may be organized, the name and post-office address of an authorized agent in Said corporation may acquire any or all of the such State, upon whom legal process or demands assets of the existing unincorporated national against the Disabled American Veterans may be organization known as the Disabled American served. Veterans of the World War upon discharging or satisfactorily providing for the payment and dis- (June 17, 1932, ch. 268, § 10, 47 Stat. 321; July 15, charge of all its liabilities. 1942, ch. 505, § 7, 56 Stat. 660.) (June 17, 1932, ch. 268, § 7, 47 Stat. 321.) AMENDMENTS 1942—Act July 15, 1942, amended section generally, § 90h. Exclusive right to name striking out ‘‘of the World War’’ after ‘‘Veterans’’ in Said corporation, and its State and local sub- two places, ‘‘posts’’ before ‘‘chapters’’, and ‘‘or subdivi- divisions, shall have the sole and exclusive right sions’’ after ‘‘chapters’’. to have and to use in carrying out its purposes § 90k. Reservation of right to amend or repeal the name ‘‘Disabled American Veterans’’. chapter (June 17, 1932, ch. 268, § 8, 47 Stat. 321; July 15, The right to repeal, alter, or amend this chap- 1942, ch. 505, § 5, 56 Stat. 660.) ter at any time is expressly reserved. AMENDMENTS (June 17, 1932, ch. 268, § 11, 47 Stat. 322.) 1942—Act July 15, 1942, substituted ‘‘Disabled Amer- ican Veterans’’ for ‘‘Disabled Veterans of the World CHAPTER 7—AMERICAN WAR MOTHERS War’’. Sec. § 90i. Annual report 91. Corporation created. 92. Completion of organization. The said corporation shall, on or before the 1st 93. Object of corporation. day of January in each year, make and transmit 94. Meetings. to the Congress a report of its proceedings for 95. Powers of corporation. its preceding fiscal year. 96. Property; exemption from taxation. 97. Membership. (June 17, 1932, ch. 268, § 9, 47 Stat. 321; July 15, 98. Nonpolitical nature of corporation. 1942, ch. 505, § 6, 56 Stat. 660; Aug. 30, 1964, Pub. 99. Acquisition of assets and liabilities of exist- L. 88–504, § 4(8), 78 Stat. 636; Dec. 18, 1967, Pub. L. ing organization. 90–208, § 1, 81 Stat. 655; May 21, 1984, Pub. L. 100. Exclusive right to name. 98–291, 98 Stat. 203.) 101. Reports to Congress. 102. Agents for service of process. AMENDMENTS 103. Charter. 104. Reservation of right to amend or repeal chap- 1984—Pub. L. 98–291 struck out ‘‘(a)’’ before ‘‘The said ter. corporation shall’’ and struck out subsec. (b) which di- 105. Initial officers. rected the corporation to make and transmit to the Comptroller General, at the close of each fiscal year, a § 91. Corporation created report of its proceedings for the preceding fiscal year, including a full, complete, and itemized report of re- The following-named persons, namely: Alice ceipts and expenditures of whatever kind, which report M. French, founder, Indianapolis, Indiana; Mable had to be duly authorized by the Comptroller General, C. Digney, State War Mother, White Plains, New and which had directed the corporation to reimburse York; Mrs. George Gordon Seibold, Washington, the Comptroller General for auditing its accounts, with the sums so paid to be covered into the Treasury of the District of Columbia; Mary I. Huntington, State United States as miscellaneous receipts. War Mother, Bloomington, Indiana; Edna C. Wil- 1967—Pub. L. 90–208 designated existing provisions as son, State War Mother, Warrensburg, Missouri; subsec. (a) and added subsec. (b). Libbie Thomas, State War Mother, Racine, Wis- 1964—Pub. L. 88–504 struck out ‘‘, including a full and consin; Virginia Heaen, State War Mother, complete report of its receipts and expenditures’’ after Frankfort, Kentucky; A. Shanahan, State War ‘‘fiscal year’’. Mother, Jersey City, New Jersey; Blanche A. 1942—Act July 15, 1942, amended section generally, Bellak, State War Mother, Philadelphia, Penn- changing period of annual report from calendar year to fiscal year and omitting proviso that report shall not sylvania; Lydia Burby, State War Mother, be printed as a public document. Butte, Montana; Estelle T. Wilcox, State War Mother, Omaha, Nebraska; Emile Hendricks, EFFECTIVE DATE OF 1967 AMENDMENT State War Mother, Salem, Oregon; Grace R. Section 2 of Pub. L. 90–208 provided that: ‘‘The Montgomery, State War Mother, Charlotte, amendment made by this Act [amending this section] North Carolina; Kate C. DeKay, State War shall be effective with respect to each fiscal year of the Mother, Blackfoot, Idaho; Elizabeth Allen, State Disabled American Veterans beginning after the date of War Mother, Loveland, Colorado; Ida enactment of this Act [Dec. 18, 1967].’’ McCullough, State War Mother, Ottawa, Illinois; CROSS REFERENCES Rose S. Sargent, State War Mother, San Fran- Printing of proceedings of national encampments as cisco, California; Jessie Monahan, State War House documents, see section 1332 of Title 44, Public Mother, Edmond, Oklahoma; Margaret N. Printing and Documents. McCluer, Kansas City, Missouri; Carrie R. Root, § 92 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 30

Gardner, Illinois; Mary E. Spence, Milwaukee, § 94. Meetings Wisconsin; Alice Bronson Oldham, Lexington, The corporation shall hold its meetings in Kentucky; Florence A. Latham, Kansas City, such place as the incorporators or their succes- Missouri; Mahala M. Boyd, New Castle, Indiana; sors shall determine. Carrie White Avery, Washington, District of Co- lumbia; H. C. Morrison, Shelbyville, Indiana; (Feb. 24, 1925, ch. 303, § 4, 43 Stat. 967.) Jeanette Boone, Kansas City, Missouri; Gertrude § 95. Powers of corporation R. Cary, Joliet, Illinois; Mrs. R. E. Little, Wadesboro, North Carolina; Mrs. Isabelle The corporation created by this chapter shall Clements, Sacramento, California; Mrs. Alice E. have the following powers: To have succession Evans, Pueblo, Colorado; Mrs. Mary Dawson, until the membership as hereinafter provided for Idaho Falls, Idaho; Mrs. Jessie T. Lesh, Chicago, shall become extinct, with power to sue and be Illinois; Mrs. Harry C. Morrison, Shelbyville, In- sued in courts of law and equity; to receive, diana; Mrs. Jessie E. Moody, Carterville, Mis- hold, own, use, and dispose of such real estate souri; Mrs. J. L. Roddy, North Platte, Nebraska; and personal property as shall be necessary for Mrs. Catherine H. Connelly, Newark, New Jer- its corporate purposes; to adopt a corporate seal sey; Mrs. Ella O’Gorman Stanton, Bronx, New and alter the same at pleasure; to adopt a con- York City, New York; Mrs. R. C. Warren, Gasto- stitution, bylaws, and regulations to carry out nia, North Carolina; Mrs. Hattie V. Selkin, its purposes, not inconsistent with the laws of Oklahoma City, Oklahoma; Mrs. Ida Boxwell, the United States or of any State; to use in car- Middletown, Ohio; Mrs. Charles S. Fohl, Harris- rying out the purposes of the corporation such burg, Pennsylvania; Mrs. E. L. Phillip, Milwau- emblems and badges as it may adopt; to estab- kee, Wisconsin; Mrs. Julia A. Wilkinson, Port- lish and maintain offices for the conduct of its land, Maine; and their associates and successors business; to establish State, Territorial, and duly chosen are incorporated and declared to be local subdivisions; to publish a magazine or a body corporate of the District of Columbia by other publications, and generally to do any and the name of American War Mothers, and by such all such acts and things as may be necessary and name shall be known and have perpetual succes- proper to carry into effect the purposes of the sion with the powers, limitations, and restric- corporation. tions herein contained. (Feb. 24, 1925, ch. 303, § 5, 43 Stat. 967.) (Feb. 24, 1925, ch. 303, § 1, 43 Stat. 966.) § 96. Property; exemption from taxation SECTION REFERRED TO IN OTHER SECTIONS All of the personal property and funds of the This section is referred to in section 92 of this title. corporation held or used for the purposes hereof, § 92. Completion of organization pursuant to the provisions of this chapter, whether of principal or income, shall, so long as The persons named in section 91 of this title the same shall be so used, be exempt from taxes and such other persons as may be selected from by the United States or any Territory or Dis- among the membership of American War Moth- trict thereof. The corporation shall not accept, ers, an association of women whose sons and own, or hold directly or indirectly any property, daughters served the allied cause in the great real or personal, except such as may be reason- World War between the dates of April 6, 1917, and ably necessary to carry out the purposes of its November 11, 1918, are hereby authorized to creation as defined in this chapter. meet to complete the organization of said cor- (Feb. 24, 1925, ch. 303, § 6, 43 Stat. 967.) poration by the selection of officers, the adoption of a constitution and by-laws, and to do all § 97. Membership other things necessary to carry into effect the The membership of American War Mothers is provisions of this chapter, at which meeting any limited to women, and no woman shall be and person duly accredited as a delegate from any become a member of this corporation unless she local or State organization of the existing orga- is a citizen of the United States and unless her nization known as American War Mothers shall son or sons or daughter or daughters of her be permitted to participate in the proceedings blood, her legally adopted son or sons or legally thereof. adopted daughter or daughters, or her stepson or (Feb. 24, 1925, ch. 303, § 2, 43 Stat. 967.) stepsons or stepdaughter or stepdaughters served in the Armed Forces of the United States § 93. Object of corporation or of its allies in World War I, World War II, the The object of the corporation shall be to keep Korean conflict, or any subsequent war or con- alive and develop the spirit that promoted world flict involving the United States, having an hon- service; to maintain the ties of fellowship born orable discharge from such service, or being still of that service and to assist and further any pa- in the service. triotic work; to inculcate a sense of individual (Feb. 24, 1925, ch. 303, § 7, 43 Stat. 968; Sept. 26, obligation to the community, State, and Nation; 1942, ch. 563, 56 Stat. 758; June 26, 1953, ch. 152, 67 to work for the welfare of the Army and Navy; Stat. 81; Apr. 12, 1974, Pub. L. 93–267, 88 Stat. 85.) to assist in any way in their power men and women who served and were wounded or inca- AMENDMENTS pacitated in the World War; to foster and pro- 1974—Pub. L. 93–267 extended membership in Amer- mote friendship and understanding between ican War Mothers to certain adoptive mothers and America and the Allies in the World War. stepmothers. 1953—Act June 26, 1953, substituted ‘‘Armed Forces of (Feb. 24, 1925, ch. 303, § 3, 43 Stat. 967.) the United States or of its allies’’ for ‘‘Army or Navy Page 31 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 111 of the United States, or in the military or naval service ance shall be given by said corporation, causing of its allies’’, and extended its provisions to the Korean a certificate to that effect, signed by its presi- conflict and to any subsequent war or conflict involv- dent and secretary, to be filed in the office of ing the United States. the recorder of deeds of the District of Colum- 1942—Act Sept. 26, 1942, extended its provisions to include the World War commencing in 1941. bia. (Feb. 24, 1925, ch. 303, § 13, 43 Stat. 968.) § 98. Nonpolitical nature of corporation § 104. Reservation of right to amend or repeal This organization shall be nonpolitical, non- chapter sectarian, nonpartisan, and nonprofit, and as an organization shall not promote the candidacy of Congress may from time to time alter, repeal, any person seeking public office. or modify this chapter of incorporation, but no contract or individual right made or acquired (Feb. 24, 1925, ch. 303, § 8, 43 Stat. 968; June 26, shall be divested or impaired. 1953, ch. 152, 67 Stat. 81.) (Feb. 24, 1925, ch. 303, § 14, 43 Stat. 968.) AMENDMENTS 1953—Act June 26, 1953, inserted ‘‘nonsectarian, non- § 105. Initial officers partisan, and nonprofit’’. The management and direction of the affairs § 99. Acquisition of assets and liabilities of exist- of the corporation and the controlling and dis- ing organization posing of its property and funds shall be vested in the persons duly elected at the last annual Said corporation may acquire any or all of the convention held in Kansas City, Missouri, who assets of the existing organization known as shall be the officers of the American War Moth- American War Mothers upon discharging or sat- ers for the year beginning October, 1923, to serve isfactorily providing for the payment and dis- until the next annual convention to be held at charge of all its liabilities. Philadelphia, Pennsylvania, on October 8, 1925, (Feb. 24, 1925, ch. 303, § 9, 43 Stat. 968.) or until their successors are duly appointed, and who are the following: § 100. Exclusive right to name Margaret N. McCluer, National War Mother, Kansas City, Missouri; Carrie L. Root, first vice The corporation and its State, Territorial, and National War Mother, Gardner, Illinois; Blanche local subdivisions shall have the sole and exclu- A. Bellak, second vice National War Mother, sive right to have and to use in carrying out its Philadelphia, Pennsylvania; Mary E. Spence, business purposes the name of American War third vice National War Mother, Milwaukee, Mothers. Wisconsin; Rose S. Sargent, fourth vice National (Feb. 24, 1925, ch. 303, § 10, 43 Stat. 968.) War Mother, San Francisco, California; Alice Bronson Oldham, national recording secretary, § 101. Reports to Congress Lexington, Kentucky; Florence A. Latham, na- The corporation shall, on or before the 1st day tional corresponding secretary, Kansas City, of January in each year, make and transmit to Missouri; Mahala M. Boyd, national treasurer, the Congress a report of its proceedings for the Newcastle, Indiana; Kate C. De Kay, national preceding calendar year: Provided, however, That historian, Blackfoot, Idaho; Carrie White Avery, said report shall not be printed as a public docu- national custodian of records, Washington, Dis- ment. trict of Columbia; Estelle T. Wilcox, national auditor, Omaha, Nebraska. (Feb. 24, 1925, ch. 303, § 11, 43 Stat. 968; Aug. 30, 1964, Pub. L. 88–504, § 4(9), 78 Stat. 636.) (Feb. 24, 1925, ch. 303, § 15, 43 Stat. 968.)

AMENDMENTS CHAPTER 7A—VETERANS OF FOREIGN WARS OF THE UNITED STATES 1964—Pub. L. 88–504 struck out ‘‘, including a full and complete report of its receipts and expenditures’’ after Sec. ‘‘calendar year’’. 111. Corporation created. 112. Completion of organization. § 102. Agents for service of process 113. Purposes of corporation. As a condition precedent to the exercise of any 114. Powers of corporation. 115. Membership. power or privilege herein granted or conferred 116. Acquisition of assets and liabilities of exist- the corporation shall file in the office of the sec- ing association. retary of each State the name and post-office 117. Exclusive right to name, seal, emblems, and address of an authorized agent in such State badges. upon whom local process or demands against 118. Annual report. American War Mothers may be served. 119. Agents for service of process. 120. Reservation of right to amend or repeal chap- (Feb. 24, 1925, ch. 303, § 12, 43 Stat. 968.) ter. § 103. Charter § 111. Corporation created This charter shall take effect upon its being The following persons, to wit: James E. Van accepted by a majority vote of the incorporators Zandt, Altoona, Pennsylvania; Bernard K. named herein who shall be present at the first Kearney, Gloversville, New York; Scott P. meeting of the corporation, due notice of which Squyres, Oklahoma City, Oklahoma; Robert B. meeting shall be given to each of the incorpora- Handy, Junior, Kansas City, Missouri; Henry F. tors named herein, and a notice of such accept- Marquard, Chicago, Illinois; William E. Guthner, § 112 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 32

Denver, Colorado; Edward J. Neron, Sac- succession with power to sue and be sued in ramento, California; Joseph C. Menendez, New courts of law and equity; to receive, hold, own, Orleans, Louisiana; Paul L. Foulk, Altoona, use, and dispose of such real estate, personal Pennsylvania; Robert E. Kernodle, Kansas City, property, money, contract, rights, and privileges Missouri; Walter I. Joyce, New York City, New as shall be deemed necessary and incidental for York; George A. Ilg, Cranston, Rhode Island; its corporate purposes; to adopt a corporate seal James F. Daley, Hartford, Connecticut; Charles and alter the same at pleasure; to adopt, amend, R. Haley, Pittsburgh, Pennsylvania; F. C. apply, and administer a constitution, bylaws, Devericks, Clarksburg, West Virginia; John J. and regulations to carry out its purposes, not in- Skillman, Miami, Florida; Ellie H. Schill, New consistent with the laws of the United States or Orleans, Louisiana; Gerald C. Mathias, La- of any State; to adopt, and have the exclusive grange, Indiana; James W. Starner, Effingham, right to manufacture and use such emblems and Illinois; Leon S. Pickens, Wichita, Kansas; Ar- badges as may be deemed necessary in the ful- chie W. Nimens, Minneapolis, Minnesota; Har- fillment of the purposes of the corporation; to vey W. Snyder, Denver, Colorado; Charles O. establish and maintain offices for the conduct of Carlston, San Francisco, California; Walter L. its business; to establish, regulate, or dis- Daniels, Seattle, Washington; John E. Swaim, continue subordinate State and Territorial sub- Tulsa, Oklahoma; Peter J. Rosch, Washington, divisions and local chapters or posts; to publish District of Columbia; and their successors, who a magazine or other publications, and generally are, or who may become, members of the Veter- to do any and all such acts and things as may be ans of Foreign Wars of the United States, a na- necessary and proper in carrying into effect the tional association of men who as soldiers, sail- purposes of the corporation. ors, marines and airmen have served this Nation in wars, campaigns, and expeditions on foreign (May 28, 1936, ch. 471, § 4, 49 Stat. 1391.) soil or in hostile waters, and such national association, are created and declared a body cor- CROSS REFERENCES porate, known as the Veterans of Foreign Wars Loan or gift of condemned or obsolete material by of the United States. Secretary of military department or Secretary of the (May 28, 1936, ch. 471, § 1, 49 Stat. 1390; May 29, Treasury, see section 2572 of Title 10, Armed Forces. 1953, ch. 85, § 1, 67 Stat. 40.) Penalty for unauthorized manufacture, reproduction, or sale of badges or emblems of veterans’ organizations, AMENDMENTS see section 705 of Title 18, Crimes and Criminal Proce- 1953—Act May 29, 1953, included airmen. dure. Recognition by Secretary of Veterans Affairs of rep- SECTION REFERRED TO IN OTHER SECTIONS resentatives of Veterans of Foreign Wars for prosecu- This section is referred to in section 112 of this title. tion of claims under laws administered by Department of Veterans Affairs, see section 5902 of Title 38, Veter- § 112. Completion of organization ans’ Benefits. The said persons named in section 111 of this title, or their successors, and such other persons § 115. Membership as are duly accredited delegates from any local A person may not be a member of the corpora- post or State department of the existing nation created by this chapter unless that person— tional association known as the Veterans of For- (1) served honorably as a member of the eign Wars of the United States, under its con- Armed Forces of the United States in a foreign stitution and bylaws, are hereby authorized to war, insurrection, or expedition, which service meet and to complete the organization of said has been recognized as campaign-medal serv- corporation, by the adoption of a constitution ice and is governed by the authorization of the and bylaws, the election of officers, and to do all award of a campaign badge by the Government other things necessary to carry into effect and of the United States; or incidental to, the provisions of this chapter. (2) while a member of the Armed Forces of (May 28, 1936, ch. 471, § 2, 49 Stat. 1390.) the United States, served honorably on the Korean peninsula or in its territorial waters § 113. Purposes of corporation for not less than 30 consecutive days, or a The purposes of this corporation shall be fra- total of 60 days, after June 30, 1949. ternal, patriotic, historical, and educational; to (May 28, 1936, ch. 471, § 5, 49 Stat. 1391; May 29, preserve and strengthen comradeship among its 1953, ch. 85, § 2, 67 Stat. 40; Mar. 7, 1995, Pub. L. members; to assist worthy comrades; to perpet- 104–3, 109 Stat. 47.) uate the memory and history of our dead, and to assist their widows and orphans; to maintain AMENDMENTS true allegiance to the Government of the United States of America, and fidelity to its Constitu- 1995—Pub. L. 104–3 amended section generally. Prior tion and laws; to foster true patriotism; to to amendment, section read as follows: ‘‘No person shall be a member of this corporation unless he has maintain and extend the institutions of Amer- served honorably as an officer or enlisted man in the ican freedom; and to preserve and defend the Armed Forces of the United States of America in any United States from all her enemies, whomso- foreign war, insurrection, or expedition, which service ever. shall be recognized as campaign-medal service and gov- (May 28, 1936, ch. 471, § 3, 49 Stat. 1391.) erned by the authorization of the award of a campaign badge by the Government of the United States of Amer- § 114. Powers of corporation ica.’’ 1953—Act May 29, 1953, extended membership eligi- The corporation created by this chapter shall bility to all persons who have served in Armed Forces have the following powers: To have perpetual and are otherwise eligible. Page 33 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 120

§ 116. Acquisition of assets and liabilities of exist- CHAPTER 8—AMERICAN BATTLE ing association MONUMENTS COMMISSION

Said corporation may and shall acquire all of Sec. the assets of the existing national association 121. American Battle Monuments Commission; ap- known as the Veterans of Foreign Wars of the pointment; secretary; terms of office; va- United States upon discharging or satisfactorily cancies; expenses; designation and employ- 1 ment of personnel. providing for the payment discharge of all its 121a. Omitted. liabilities. 121b. Station allowance for Army officers serving (May 28, 1936, ch. 471, § 6, 49 Stat. 1391.) on Commission. 122. Expenses of officers of Armed Forces serving § 117. Exclusive right to name, seal, emblems, on Commission. 122a. Reimbursement of agencies for salary, pay, and badges and allowances of assigned personnel. The said corporation shall have the sole and 122b. Military cemeteries in foreign countries; de- exclusive right to have and to use, in carrying termination as permanent cemeteries; selection of new sites; design and construc- out its purposes, the name ‘‘Veterans of Foreign tion; maintenance; construction by Armed Wars of the United States’’ and the sole and ex- Forces; burials and reburials; re-entry. clusive right to the use of its corporate seal, em- 123. Powers and duties as to memorials. blems, and badges as adopted by said corpora- 124. Approval of designs for memorials. tion. 125. Erection of war memorials. (a) Cooperation with States, etc. (May 28, 1936, ch. 471, § 7, 49 Stat. 1391.) (b) Control, administration, and maintenance of war memorials by Commis- CROSS REFERENCES sion. Penalty for unauthorized manufacture, reproduction, (c) Demolition of war memorials erected or sale of badges or emblems of veterans’ organizations, on foreign soils and other functions see section 705 of Title 18, Crimes and Criminal Proce- of Commission. dure. (d) ‘‘Sponsors’’ defined. 125a. Erection of works in National Memorial Cem- § 118. Annual report etery of the Pacific. 125b. Pacific War Memorial and other historical Said corporation shall, on or before the 1st day and memorial sites on Corregidor in Repub- of January in each year, make and transmit to lic of the Philippines. the Congress a report of its proceedings for the (a) Operation by ABMC. preceding fiscal year: Provided, however, That (b) Condition. said report shall not be printed as a public docu- (c) Personnel. (d) Use of other agencies. ment. (e) Funding. (May 28, 1936, ch. 471, § 8, 49 Stat. 1391; Aug. 30, (f) Authority to solicit funds. 1964, Pub. L. 88–504, § 4(10), 78 Stat. 637.) (g) Fund. (h) Authorization of funding. AMENDMENTS 126. Repealed. 127. Arrangements with foreign countries. 1964—Pub. L. 88–504 struck out ‘‘, including a full and 128. Funds received from States, municipalities, complete report of its receipts and expenditures’’ after or private sources. ‘‘fiscal year’’ and ‘‘financial’’ before ‘‘report shall not 129, 130. Repealed. be printed’’. 131. Statements to President. 132. Transfer of administrative functions, sup- CROSS REFERENCES plies, materials and equipment to Commis- Printing of proceedings of national encampments as sion; maintenance of cemeteries located in House documents, see section 1332 of Title 44, Public foreign countries. Printing and Documents. 133. Disbursing agent for disbursement of expenditures outside continental United States. § 119. Agents for service of process 134 to 135a. Omitted or Repealed. 136. Seal of Commission; judicial notice. As a condition precedent to the exercise of any 137. Disposition of land in foreign countries. power or privilege herein granted or conferred, 138. Records and archives. the Veterans of Foreign Wars of the United 138a. Appropriations. States shall file in the office of the Secretary of 138b. Acquisition and disposition of land in foreign State of each State the name and post-office ad- countries; operation of vehicles; establishment of offices; printing authority; con- dress of an authorized agent in such State upon tract power; effective date; delegation of whom legal process or demands against the Vet- authority; claims against Commission. erans of Foreign Wars of the United States may 138c. American Battle Monuments Commission be served. Foreign Currency Fluctuations Account. (a) Establishment; purpose; transfer of (May 28, 1936, ch. 471, § 9, 49 Stat. 1391.) funds. (b) Merger and availability of transferred § 120. Reservation of right to amend or repeal funds; increase in permissible obli- chapter gations of funds. (c) Recording of obligations and fluctua- The right to repeal, alter, or amend this chap- tions in exchange rates. ter at any time is expressly reserved. (d) Return of transferred funds. (May 28, 1936, ch. 471, § 10, 49 Stat. 1391.) (e) Time of return. (f) Unobligated balances; merger and availability. 1 So in original. Probably should be preceded by ‘‘and’’. (g) Annual report on transferred funds. § 121 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 34

138d. Accounting procedures relating to receipt and rials are located, who shall be hired for local expenditure of contributions. employment relating to the care and mainte- (a) Financial controls. nance of such cemeteries, monuments, and me- (b) Financial statements. morials. No individual may be employed as the (c) Restrictions on funds received before March 1, 1998. superintendent, or as an assistant superintendent, of a cemetery operated by the Commission § 121. American Battle Monuments Commission; unless such individual is a citizen of the United appointment; secretary; terms of office; va- States. cancies; expenses; designation and employ- The provisions of this subsection shall take ef- ment of personnel fect on the first day of the first calendar month following the date of enactment of this Act. The Commission, known as the American Bat- tle Monuments Commission (referred to in sec- (Mar. 4, 1923, ch. 283, § 1, 42 Stat. 1509; June 26, tions 121, 122b to 125, 127, 128, 131, 132, and 138 to 1946, ch. 502, 60 Stat. 317; July 25, 1956, ch. 721, § 1, 138b of this title as the Commission), shall con- 70 Stat. 640; Oct. 21, 1970, Pub. L. 91–480, 84 Stat. sist of not more than eleven members who shall 1081; Apr. 1, 1976, Pub. L. 94–256, 90 Stat. 301; Oct. be appointed by the President, who shall also 18, 1978, Pub. L. 95–479, title III, § 306, 92 Stat. appoint one officer of the Regular Army to serve 1566; Oct. 7, 1980, Pub. L. 96–385, title V, § 506, 94 as its secretary. The members and secretary Stat. 1537; Dec. 18, 1989, Pub. L. 101–237, title V, shall serve at the pleasure of the President who § 503, 103 Stat. 2094.) shall fill any vacancies that from time to time REFERENCES IN TEXT occur. Notwithstanding any other provision of This subsection, referred to in text, probably refers to law, members of the armed forces of the United the second and third undesignated paragraphs of this States may be appointed members of the Com- section as amended by act July 25, 1956. mission. The date of enactment of this Act, referred to in text, The members of the Commission shall serve as probably means the date of enactment of act July 25, such without compensation, except that (1) their 1956, which was approved July 25, 1956. actual expenses in connection with the work of AMENDMENTS the Commission, (2) when in a travel status out- 1989—Pub. L. 101–237 substituted ‘‘members of the side the continental United States, a per diem armed forces’’ for ‘‘commissioned officers of the armed at the same rate prescribed for members of the forces’’ in third sentence. uniformed services under section 405 of Title 37, 1980—Pub. L. 96–385, subject to available appropria- in lieu of subsistence, and (3) when in a travel tions, required employment of at least 50 persons in the status within the continental United States, a competitive service, including not less than 43 individ- per diem at the same rate authorized to be paid uals for foreign assignment, for care and maintenance under sections 5702 and 5703 of Title 5, in lieu of of cemeteries, monuments, and memorials, and at least 348 local citizens for employment at foreign locations. subsistence, may be paid to such members from 1978—Pub. L. 95–479 inserted provision prohibiting the any funds appropriated for the purposes of sec- employment of an individual as superintendent or as- tions 121, 122b to 125, 127, 128, 131, 132, and 138 to sistant superintendent of a cemetery unless such indi- 138b of this title, or acquired by other means vidual is a citizen of the United States. hereinafter authorized. 1976—Pub. L. 94–256 substituted provisions authoriz- Upon the request of the Commission, the ing the members of the Commission to receive a per heads of the Federal departments or agencies diem at the same rate prescribed under section 405 of are authorized to designate such personnel, and Title 37, when in a travel status outside the continental United States, and a per diem at the same rate author- to make available to the Commission such fa- ized to be paid under sections 5702 and 5703 of Title 5 cilities, of their respective departments or agen- when in travel status within the continental United cies, or of the Army, Navy, Air Force, or Marine States, for provisions authorizing a per diem of $40 in Corps, as the case may be, as may be necessary lieu of subsistence when in travel status outside the to assist in carrying out the purposes of sections continental United States, and a per diem at the same 121, 122b to 125, 127, 128, 131, 132, and 138 to 138b rate authorized to be paid under section 5703(c)(1) when of this title, and may expend for such purposes in travel status within the continental United States. any funds appropriated to such departments, 1970—Pub. L. 91–480 substituted provisions authorizing members of the Commission to receive a per diem agencies, and services, with reimbursement from of $40 in lieu of subsistence when in a travel status out- the Commission for the pay and allowances of side the continental United States, and a per diem at the personnel so designated. The Commission is the same rate authorized to be paid under section authorized to employ such further personnel as 5703(c)(1) of Title 5 when in a travel status within the may be necessary to carry out the purposes of continental United States, for provisions authorizing a such sections, within the limits of any appro- per diem of $20 in lieu of subsistence when in a travel priation or appropriations made for such pur- status. 1956—Act July 25, 1956, authorized payment of a per poses. To ensure adequate care and maintenance diem in lieu of subsistence, made the facilities of Fed- of the cemeteries, monuments, and memorials eral departments or agencies available to the Commis- under the jurisdiction of the Commission, the sion, included personnel and facilities of the Air Force, Commission, subject to the availability of ap- and permitted expenditure of funds appropriated to propriations, shall employ (1) not less than 50 Federal departments or agencies with reimbursement personnel in the competitive service (as defined from the Commission. in section 2102 of title 5, of whom not less than 1946—Act June 26, 1946, increased the number of Com- 43 shall be assigned to duty in foreign countries mission members from seven to eleven. in which such cemeteries, monuments, and me- EFFECTIVE DATE OF 1980 AMENDMENT morials are located, and (2) not less than 348 in- Amendment by Pub. L. 96–385 effective Oct. 1, 1980, dividuals who are citizens of the countries in see section 601(b) of Pub. L. 96–385, set out as a note which such cemeteries, monuments, and memo- under section 1114 of Title 38, Veterans’ Benefits. Page 35 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 122

EFFECTIVE DATE OF 1978 AMENDMENT July 12, 1983, Pub. L. 98–45, title II, 97 Stat. 224. Sept. 30, 1982, Pub. L. 97–272, title II, 96 Stat. 1165. Amendment by Pub. L. 95–479 effective Oct. 1, 1978, Dec. 23, 1981, Pub. L. 97–101, title II, 95 Stat. 1422. see section 401 of Pub. L. 95–479, set out as a note under Dec. 15, 1980, Pub. L. 96–526, title II, 94 Stat. 3050. section 1114 of Title 38, Veterans’ Benefits. Nov. 5, 1979, Pub. L. 96–103, title II, 93 Stat. 775. APPROPRIATIONS Sept. 30, 1978, Pub. L. 95–392, title II, 92 Stat. 795. Oct. 4, 1977, Pub. L. 95–119, title II, 91 Stat. 1077. Section 11 of act Mar. 4, 1923, authorized appropria- Aug. 9, 1976, Pub. L. 94–378, title II, 90 Stat. 1098. tions to effectuate original provisions of act Mar. 4, Oct. 17, 1975, Pub. L. 94–116, title II, 89 Stat. 587. 1923, which were classified to sections 121 and 123 to 132 Sept. 6, 1974, Pub. L. 93–414, title II, 88 Stat. 1099. of this title. Nov. 27, 1973, Pub. L. 93–162, title V, 87 Stat. 653. SECTION REFERRED TO IN OTHER SECTIONS Oct. 25, 1972, Pub. L. 92–544, title V, 86 Stat. 1128. Aug. 10, 1971, Pub. L. 92–77, title V, 85 Stat. 264. This section is referred to in sections 125, 127, 128, Oct. 21, 1970, Pub. L. 91–472, title V, 84 Stat. 1058. 138a, 138b of this title. Dec. 24, 1969, Pub. L. 91–153, title V, 83 Stat. 421. Aug. 9, 1968, Pub. L. 90–470, title V, 82 Stat. 686. § 121a. Omitted Nov. 8, 1967, Pub. L. 90–133, title V, 81 Stat. 429. CODIFICATION Nov. 8, 1966, Pub. L. 89–797, title V, 80 Stat. 1501. Sept. 2, 1965, Pub. L. 89–164, title V, 79 Stat. 639. Section, act Mar. 28, 1946, ch. 113, title I, § 101, 60 Stat. Aug. 31, 1964, Pub. L. 88–527, title V, 78 Stat. 731. 62, which authorized Commission to delegate to its Dec. 30, 1963, Pub. L. 88–245, title V, 77 Stat. 796. chairman, secretary, or officials in charge of either the Oct. 18, 1962, Pub. L. 87–843, title V, 76 Stat. 1100. Washington or Paris offices such of its authority as it Aug. 3, 1961, Pub. L. 87–125, title IV, 75 Stat. 279. deemed necessary and proper, was from the Independ- July 12, 1960, Pub. L. 86–642, title I, 74 Stat. 475. ent Offices Appropriation Act, 1947, and was not re- July 8, 1959, Pub. L. 86–79, title I, 73 Stat. 164. peated in subsequent appropriation acts. See section June 25, 1958, Pub. L. 85–468, title I, 72 Stat. 223. 138b of this title. Similar provisions were contained in June 5, 1957, Pub. L. 85–48, title I, 71 Stat. 52. the following prior appropriation acts: June 13, 1956, ch. 385, title I, 70 Stat. 278. May 3, 1945, ch. 106, title I, § 101, 59 Stat. 108. June 29, 1955, ch. 226, title I, 69 Stat. 194. June 27, 1944, ch. 286, title I, § 101, 58 Stat. 363. June 24, 1954, ch. 359, title I, 68 Stat. 274. June 26, 1943, ch. 145, title I, § 101, 57 Stat. 171. July 31, 1953, ch. 302, title I, 67 Stat. 299. June 27, 1942, ch. 450, § 1, 56 Stat. 395. July 5, 1952, ch. 578, title I, 66 Stat. 395. Apr. 5, 1941, ch. 40, § 1, 55 Stat. 95. Aug. 31, 1951, ch. 376, title I, 65 Stat. 269. Apr. 18, 1940, ch. 107, § 1, 54 Stat. 114. Mar. 16, 1939, ch. 11, § 1, 53 Stat. 525. CROSS REFERENCES May 23, 1938, ch. 259, § 1, 52 Stat. 412. Travel and transportation allowances to officers of June 28, 1937, ch. 396, § 1, 50 Stat. 331. the Army, see section 401 et seq. of Title 37, Pay and Al- Mar. 19, 1936, ch. 156, § 1, 49 Stat. 1169. lowances of the Uniformed Services. Feb. 2, 1935, ch. 3, § 1, 49 Stat. 7. § 122. Expenses of officers of Armed Forces serv- § 121b. Station allowance for Army officers serving on Commission ing on Commission When traveling on business of the Commis- Where station allowance has been authorized sion, officers of the Armed Forces serving as by the Department of the Army for officers of members or as Secretary of the Commission the Army serving the Army at certain foreign may be reimbursed for expenses as provided for stations, the same allowance shall be authorized civilian members of the Commission. for officers of the Armed Forces assigned to the Commission while serving at the same foreign (Oct. 27, 1997, Pub. L. 105–65, title III, 111 Stat. stations. 1368.) (Oct. 27, 1997, Pub. L. 105–65, title III, 111 Stat. CODIFICATION 1368.) Section is from the appropriation act cited as the credit to this section. CODIFICATION Section is from the appropriation act cited as the PRIOR PROVISIONS credit to this section. Provisions similar to those in this section were contained in the following prior appropriation acts: PRIOR PROVISIONS Sept. 26, 1996, Pub. L. 104–204, title III, 110 Stat. 2907. Provisions similar to those in this section were con- Apr. 26, 1996, Pub. L. 104–134, title I, § 101(e) [title III], tained in the following prior appropriation acts: 110 Stat. 1321–257, 1321–293; renumbered title I, May 2, Sept. 26, 1996, Pub. L. 104–204, title III, 110 Stat. 2907. 1996, Pub. L. 104–140, § 1(a), 110 Stat. 1327. Apr. 26, 1996, Pub. L. 104–134, title I, § 101(e) [title III], Sept. 28, 1994, Pub. L. 103–327, title III, 108 Stat. 2317. 110 Stat. 1321–257, 1321–293; renumbered title I, May 2, Oct. 28, 1993, Pub. L. 103–124, title III, 107 Stat. 1291. 1996, Pub. L. 104–140, § 1(a), 110 Stat. 1327. Oct. 6, 1992, Pub. L. 102–389, title III, 106 Stat. 1595. Sept. 28, 1994, Pub. L. 103–327, title III, 108 Stat. 2317. Oct. 28, 1991, Pub. L. 102–139, title III, 105 Stat. 760. Oct. 28, 1993, Pub. L. 103–124, title III, 107 Stat. 1291. Nov. 5, 1990, Pub. L. 101–507, title III, 104 Stat. 1370. Oct. 6, 1992, Pub. L. 102–389, title III, 106 Stat. 1595. Nov. 9, 1989, Pub. L. 101–144, title III, 103 Stat. 854. Oct. 28, 1991, Pub. L. 102–139, title III, 105 Stat. 760. Aug. 19, 1988, Pub. L. 100–404, title II, 102 Stat. 1021. Nov. 5, 1990, Pub. L. 101–507, title III, 104 Stat. 1370. Dec. 22, 1987, Pub. L. 100–202, § 101(f) [title II], 101 Stat. Nov. 9, 1989, Pub. L. 101–144, title III, 103 Stat. 854. 1329–187, 1329–195. Aug. 19, 1988, Pub. L. 100–404, title II, 102 Stat. 1021. Oct. 18, 1986, Pub. L. 99–500, § 101(g) [H.R. 5313, title II], Dec. 22, 1987, Pub. L. 100–202, § 101(f) [title II], 101 Stat. 100 Stat. 1783–242, and Oct. 30, 1986, Pub. L. 99–591, 1329–187, 1329–194. § 101(g) [H.R. 5313, title II], 100 Stat. 3341–242. Oct. 18, 1986, Pub. L. 99–500, § 101(g) [H.R. 5313, title II], Nov. 25, 1985, Pub. L. 99–160, title II, 99 Stat. 914. 100 Stat. 1783–242, and Oct. 30, 1986, Pub. L. 99–591, July 18, 1984, Pub. L. 98–371, title II, 98 Stat. 1221. § 101(g) [H.R. 5313, title II], 100 Stat. 3341–242. July 12, 1983, Pub. L. 98–45, title II, 97 Stat. 224. Nov. 25, 1985, Pub. L. 99–160, title II, 99 Stat. 914. Sept. 30, 1982, Pub. L. 97–272, title II, 96 Stat. 1165. July 18, 1984, Pub. L. 98–371, title II, 98 Stat. 1221. Dec. 23, 1981, Pub. L. 97–101, title II, 95 Stat. 1422. § 122a TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 36

Dec. 15, 1980, Pub. L. 96–526, title II, 94 Stat. 3050. Oct. 6, 1992, Pub. L. 102–389, title III, 106 Stat. 1595. Nov. 5, 1979, Pub. L. 96–103, title II, 93 Stat. 775. Oct. 28, 1991, Pub. L. 102–139, title III, 105 Stat. 760. Sept. 30, 1978, Pub. L. 95–392, title II, 92 Stat. 795. Nov. 5, 1990, Pub. L. 101–507, title III, 104 Stat. 1370. Oct. 4, 1977, Pub. L. 95–119, title II, 91 Stat. 1077. Nov. 9, 1989, Pub. L. 101–144, title III, 103 Stat. 854. Aug. 9, 1976, Pub. L. 94–378, title II, 90 Stat. 1099. Aug. 19, 1988, Pub. L. 100–404, title II, 102 Stat. 1021. Oct. 17, 1975, Pub. L. 94–116, title II, 89 Stat. 587. Dec. 22, 1987, Pub. L. 100–202, § 101(f) [title II], 101 Stat. Sept. 6, 1974, Pub. L. 93–414, title II, 88 Stat. 1099. 1329–187, 1329–195. Nov. 27, 1973, Pub. L. 93–162, title V, 87 Stat. 653. Oct. 18, 1986, Pub. L. 99–500, § 101(g) [H.R. 5313, title II], Oct. 25, 1972, Pub. L. 92–544, title V, 86 Stat. 1128. 100 Stat. 1783–242, and Oct. 30, 1986, Pub. L. 99–591, Aug. 10, 1971, Pub. L. 92–77, title V, 85 Stat. 264. § 101(g) [H.R. 5313, title II], 100 Stat. 3341–242. Oct. 21, 1970, Pub. L. 91–472, title V, 84 Stat. 1058. Nov. 25, 1985, Pub. L. 99–160, title II, 99 Stat. 914. Dec. 24, 1969, Pub. L. 91–153, title V, 83 Stat. 421. July 18, 1984, Pub. L. 98–371, title II, 98 Stat. 1221. Aug. 9, 1968, Pub. L. 90–470, title V, 82 Stat. 686. July 12, 1983, Pub. L. 98–45, title II, 97 Stat. 224. Nov. 8, 1967, Pub. L. 90–133, title V, 81 Stat. 429. Sept. 30, 1982, Pub. L. 97–272, title II, 96 Stat. 1165. Nov. 8, 1966, Pub. L. 89–797, title V, 80 Stat. 1501. Dec. 23, 1981, Pub. L. 97–101, title II, 95 Stat. 1422. Sept. 2, 1965, Pub. L. 89–164, title V, 79 Stat. 639. Dec. 15, 1980, Pub. L. 96–526, title II, 94 Stat. 3050. Aug. 31, 1964, Pub. L. 88–527, title V, 78 Stat. 731. Nov. 5, 1979, Pub. L. 96–103, title II, 93 Stat. 775. Dec. 30, 1963, Pub. L. 88–245, title V, 77 Stat. 796. Sept. 30, 1978, Pub. L. 95–392, title II, 92 Stat. 795. Oct. 18, 1962, Pub. L. 87–843, title V, 76 Stat. 1100. Oct. 4, 1977, Pub. L. 95–119, title II, 91 Stat. 1077. Aug. 3, 1961, Pub. L. 87–125, title IV, 75 Stat. 279. Aug. 9, 1976, Pub. L. 94–378, title II, 90 Stat. 1099. July 12, 1960, Pub. L. 86–642, title I, 74 Stat. 475. Oct. 17, 1975, Pub. L. 94–116, title II, 89 Stat. 587. July 8, 1959, Pub. L. 86–79, title I, 73 Stat. 164. Sept. 6, 1974, Pub. L. 93–414, title II, 88 Stat. 1099. June 25, 1958, Pub. L. 85–468, title I, 72 Stat. 223. Nov. 27, 1973, Pub. L. 93–162, title V, 87 Stat. 653. June 5, 1957, Pub. L. 85–48, title I, 71 Stat. 52. Oct. 25, 1972, Pub. L. 92–544, title V, 86 Stat. 1128. June 13, 1956, ch. 385, title I, 70 Stat. 279. Aug. 10, 1971, Pub. L. 92–77, title V, 85 Stat. 264. June 29, 1955, ch. 226, title I, 69 Stat. 194. Oct. 21, 1970, Pub. L. 91–472, title V, 84 Stat. 1058. June 24, 1954, ch. 359, title I, 68 Stat. 274. Dec. 24, 1969, Pub. L. 91–153, title V, 83 Stat. 421. July 31, 1953, ch. 302, title I, 67 Stat. 299. Aug. 9, 1968, Pub. L. 90–470, title V, 82 Stat. 686. July 5, 1952, ch. 578, title I, 66 Stat. 395. Nov. 8, 1967, Pub. L. 90–133, title V, 81 Stat. 429. Aug. 31, 1951, ch. 376, title I, 65 Stat. 269. Nov. 8, 1966, Pub. L. 89–797, title V, 80 Stat. 1501. Sept. 6, 1950, ch. 896, Ch. VIII, title I, 64 Stat. 699. Sept. 2, 1965, Pub. L. 89–164, title V, 79 Stat. 640. Aug. 24, 1949, ch. 506, title I, 63 Stat. 633. Aug. 31, 1964, Pub. L. 88–527, title V, 78 Stat. 731. Apr. 20, 1948, ch. 219, title I, 62 Stat. 179. Dec. 30, 1963, Pub. L. 88–245, title V, 77 Stat. 796. May 3, 1945, ch. 106, title I, 59 Stat. 107. Oct. 18, 1962, Pub. L. 87–843, title V, 76 Stat. 1101. June 27, 1944, ch. 286, title I, 58 Stat. 363. Aug. 3, 1961, Pub. L. 87–125, title IV, 75 Stat. 280. June 26, 1943, ch. 145, title I, 57 Stat. 171. July 12, 1960, Pub. L. 86–642, title I, 74 Stat. 475. June 27, 1942, ch. 450, 56 Stat. 395. July 8, 1959, Pub. L. 86–79, title I, 73 Stat. 164. Apr. 5, 1941, ch. 40, 55 Stat. 95. June 25, 1958, Pub. L. 85–468, title I, 72 Stat. 223. Apr. 18, 1940, ch. 107, 54 Stat. 113. June 5, 1957, Pub. L. 85–48, title I, 71 Stat. 52. Mar. 16, 1939, ch. 11, 53 Stat. 525. June 13, 1956, ch. 385, title I, 70 Stat. 279. May 23, 1938, ch. 259, 52 Stat. 412. June 29, 1955, ch. 226, title I, 69 Stat. 194. June 28, 1937, ch. 396, 50 Stat. 331. June 24, 1954, ch. 359, title I, 68 Stat. 274. Mar. 19, 1936, ch. 156, 49 Stat. 1169. Feb. 2, 1935, ch. 3, 49 Stat. 7. § 122b. Military cemeteries in foreign countries; June 16, 1933, ch. 101, 48 Stat. 285. determination as permanent cemeteries; se- June 30, 1932, ch. 330, 47 Stat. 454. lection of new sites; design and construction; Feb. 23, 1931, ch. 281, 46 Stat. 1356. maintenance; construction by Armed Forces; Apr. 19, 1930, ch. 201, 46 Stat. 231. burials and reburials; re-entry Feb. 20, 1929, ch. 270, 45 Stat. 1232. May 16, 1928, ch. 580, 45 Stat. 575. When, as a result of combat operations, the Feb. 11, 1927, ch. 104, 44 Stat. 1071. Armed Forces shall establish military ceme- Apr. 22, 1926, ch. 171, 44 Stat. 307. teries in zones of operations outside the United June 7, 1924, ch. 292, 43 Stat. 522. States and its Territories and possessions, the Apr. 2, 1924, ch. 81, 43 Stat. 35. Commission and the Secretary of the Army im- § 122a. Reimbursement of agencies for salary, mediately upon the cessation of hostilities, shall pay, and allowances of assigned personnel determine which of the cemeteries so established, if any, shall become permanent ceme- The Commission shall reimburse other Gov- teries or, as they may deem desirable, select ernment agencies, including the Armed Forces, new sites at any other location for such ceme- for salary, pay, and allowances of personnel as- teries. The Commission shall be solely respon- signed to it. sible for the design and construction of such per- (Oct. 27, 1997, Pub. L. 105–65, title III, 111 Stat. manent cemeteries, and of all buildings, plant- 1368.) ings, headstones, and other permanent improvements incidental thereto except that (1) the CODIFICATION Armed Forces shall be responsible for the main- Section is from the appropriation act cited as the tenance of such permanent cemeteries until credit to this section. such time as the Commission shall express its readiness to assume the functions of administra- PRIOR PROVISIONS tion hereinafter authorized, (2) all construction Provisions similar to those in this section were con- undertaken by the Armed Forces in establishing tained in the following prior appropriation acts: and maintaining the cemetery prior to its trans- Sept. 26, 1996, Pub. L. 104–204, title III, 110 Stat. 2907. fer to the Commission shall be nonpermanent in Apr. 26, 1996, Pub. L. 104–134, title I, § 101(e) [title III], 110 Stat. 1321–257, 1321–293; renumbered title I, May 2, nature, (3) burials and reburials therein by the 1996, Pub. L. 104–140, § 1(a), 110 Stat. 1327. Armed Forces shall be carried out in accordance Sept. 28, 1994, Pub. L. 103–327, title III, 108 Stat. 2317. with plans prepared by the Commission, (4) the Oct. 28, 1993, Pub. L. 103–124, title III, 107 Stat. 1291. Armed Forces shall have the right to re-enter Page 37 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 125 any cemeteries transferred to the Commission SURRENDER TREE SITE IN SANTIAGO, CUBA for the purpose of making exhumations or re- Pub. L. 85–125, Aug. 13, 1957, 71 Stat. 344, provided: interments should they deem any such action to ‘‘That the American Battle Monuments Commission is be necessary. responsible for the care and maintenance of the Surren- der Tree site in Santiago, Cuba. This Act takes effect (Mar. 4, 1923, ch. 283, § 2, as added July 25, 1956, on the next July 1, after the date of its enactment ch. 721, § 3(a), 70 Stat. 640.) [Aug. 13, 1957].’’ ECTION EFERRED TO IN THER ECTIONS S R O S CROSS REFERENCES This section is referred to in sections 121, 125, 127, 128, National and international monuments and memori- 138a, 138b of this title. als generally, see section 431 et seq. of Title 16, Con- § 123. Powers and duties as to memorials servation. The Commission shall prepare plans and esti- SECTION REFERRED TO IN OTHER SECTIONS mates for the erection of suitable memorials to This section is referred to in sections 121, 122b, 125, commemorate the services of the American 127, 128, 138a, 138b of this title. Armed Forces, and shall erect and maintain me- § 124. Approval of designs for memorials morials in the United States and at such places outside the United States where the American Before any design for any memorial is accept- Armed Forces have served since April 6, 1917, or ed by the Commission, it shall be approved by shall hereafter serve, as the Commission shall the National Commission of Fine Arts. determine. The Commission shall also erect and (Mar. 4, 1923, ch. 283, § 4, formerly § 3, 42 Stat. maintain works of architecture and art in such 1510; June 26, 1946, ch. 502, 60 Stat. 317; renum- American cemeteries located outside of the bered § 4 and amended July 25, 1956, ch. 721, United States, its Territories, and possessions, §§ 2(b), 3(c), 70 Stat. 640, 641.) as have been or may hereafter be declared to be permanent cemeteries. Works of architecture AMENDMENTS and art erected by the Commission in ceme- 1956—Act July 25, 1956, § 3(c), amended section gener- teries within the United States, its Territories ally, striking out provisions which required prior ap- and possessions, shall be maintained by the De- proval of materials for memorials. partment of Defense. 1946—Act June 26, 1946, reenacted section without The Commission shall control as to materials change. and design and provide regulations for, and su- SECTION REFERRED TO IN OTHER SECTIONS pervise the erection of, all memorial monuments and buildings in American cemeteries located This section is referred to in sections 121, 125, 127, 128, 138a, 138b, 1381e of this title. outside the United States, its Territories, and possessions. § 125. Erection of war memorials The Commission shall control as to design and provide regulations for the erection of all memo- (a) Cooperation with States, etc. rial monuments and buildings commemorating The Commission is authorized to cooperate the services of the American Armed Forces with American citizens, States, municipalities, erected in any foreign country or political divi- or associations desiring to erect war memorials sion thereof which may authorize the Commis- outside the continental limits of the United sion to perform such functions. States in such manner as may be determined by Provided (Mar. 4, 1923, ch. 283, § 3, formerly § 2, 42 Stat. the Commission: , That no assistance in 1509; June 26, 1946, ch. 502, 60 Stat. 317; renum- erecting any such memorial shall be given by bered § 3 and amended July 25, 1956, ch. 721, any administrative agency of the United States §§ 2(b), 3(b), 70 Stat. 640, 641.) unless the plan has been approved in accordance with the provisions of sections 121, 122b to 125, AMENDMENTS 127, 128, 131, 132, and 138 to 138b of this title. 1956—Act July 25, 1956, § 3(b), amended section gener- (b) Control, administration, and maintenance of ally, requiring maintenance of works of architecture war memorials by Commission and art by the Department of Defense and striking out provisions which gave the Commission control over me- (1) The Commission is authorized, in its dis- morial monuments and buildings upon federally owned cretion, to assume responsibility for the control, or controlled property in the United States or in its administration, and maintenance of any war Territories and possessions, except national ceme- memorial erected before, on, or after the effec- teries. tive date of this subsection outside the United 1946—Act June 26, 1946, extended authority and field States by an American citizen, a State, a politi- of operations of Commission to cover all battlefields cal subdivision of a State, any other non-Fed- and cemeteries throughout the world. eral governmental agency, foreign agency, or TRANSFER OF FUNCTIONS private association to commemorate the serv- Functions of War Department [now Department of ices of any of the American Armed Forces in the Army] pertaining to national cemeteries and me- hostilities occurring since April 6, 1917, if (A) morials located in foreign countries transferred to the memorial is not erected on the territory of American Battle Monuments Commission by Ex. Ord. the former enemy concerned, and (B) the spon- No. 6614, Feb. 26, 1934. Ex. Ord. No. 6690, Apr. 25, 1934, sors of the memorial consent to the Commission provided that Ex. Ord. No. 6614 should become effective assuming such responsibilities and transfer to May 21, 1934. Transfer of administration of national monuments to the Commission all their right, title, and inter- National Park Service, see Ex. Ord. No. 6166, § 2, June est in the memorial. If reasonable effort fails to 10, 1933, set out as a note under section 901 of Title 5, locate the sponsors of a memorial, the Commis- Government Organization and Employees. sion may assume responsibility therefor under § 125a TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 38 this subsection by agreement with the appro- (A) to persuade the sponsors to maintain priate foreign authorities. A decision of the the memorial at a standard acceptable to Commission to assume responsibility for any the Commission, or war memorial under this subsection is final. (B) to locate the sponsors. (2)(A) Any funds accumulated by the sponsors (d) ‘‘Sponsors’’ defined for the maintenance and repair of a war memo- As used in this section, the term ‘‘sponsors’’ rial for which the Commission assumes respon- includes the legal successors to the sponsor. sibility under this subsection may be transferred to the Commission for use in carrying out (Mar. 4, 1923, ch. 283, § 5, formerly § 4, 42 Stat. the purpose of sections 121, 122b to 125, 127, 128, 1510; June 26, 1946, ch. 502, 60 Stat. 318; renum- 131, 132, and 138 to 138b of this title. Any such bered § 5, July 25, 1956, ch. 721, § 2(b), 70 Stat. 640; funds so transferred shall be deposited by the Jan. 2, 1974, Pub. L. 93–244, 87 Stat. 1070; Oct. 9, Commission in the manner provided for in sec- 1996, Pub. L. 104–275, title VI, § 602(a), 110 Stat. tion 128 of this title. 3344.) (B) In assuming responsibility for a war me- REFERENCES IN TEXT morial under paragraph (1), the Commission may enter into arrangements with the sponsors The effective date of this subsection, referred to in subsec. (b)(1), means the effective date of Pub. L. 93–244, of the memorial to provide for the repair or which was approved Jan. 2, 1974. long-term maintenance of the memorial. Any funds transferred to the Commission for the pur- AMENDMENTS pose of this subparagraph shall, in lieu of sub- 1996—Subsec. (b)(2). Pub. L. 104–275 designated exist- paragraph (A), be deposited by the Commission ing provisions as subpar. (A) and added subpar. (B). in the fund established by paragraph (3). Subsec. (b)(3). Pub. L. 104–275, § 602(a)(2), added par. (3)(A) There is established in the Treasury a (3). fund which shall be available to the Commission 1974—Pub. L. 93–244 designated existing provisions as subsec. (a) and added subsecs. (b) to (d). for expenses for the maintenance and repair of 1946—Act of June 26, 1946, amended section generally. memorials with respect to which the Commis- Former provisions of this section are now covered by sion enters into arrangements under paragraph section 127 of this title. (2)(B). The fund shall consist of (i) amounts de- MAINTENANCE AND REPAIR OF PACIFIC BATTLE posited, and interest and proceeds credited, MONUMENTS under subparagraph (B), and (ii) obligations obtained under subparagraph (C). Pub. L. 103–160, div. A, title III, § 369, Nov. 30, 1993, 107 (B) The Commission shall deposit in the fund Stat. 1634, provided that: ‘‘(a) AUTHORITY.—The Commandant of the Marine such amounts from private contributions as may Corps may provide necessary minor maintenance and be accepted under paragraph (2)(B). The Sec- repairs to the Pacific battle monuments until such retary of the Treasury shall credit to the fund time as the Secretary of the American Battle Monu- the interest on, and the proceeds from sale or re- ments Commission and the Commandant of the Marine demption of, obligations held in the fund. Corps agree that the repair and maintenance will be (C) The Secretary of the Treasury shall invest performed by the American Battle Monuments Com- any portion of the fund that, as determined by mission. ‘‘(b) FUNDING.—Of the amounts authorized to be ap- the Commission, is not required to meet current propriated to the Marine Corps for operation and main- expenses. Each investment shall be made in an tenance in a fiscal year, not more than $15,000 may be interest bearing obligation of the United States made available to repair and maintain Pacific battle or an obligation guaranteed as to principal and monuments, except that of the amounts available to interest by the United States that, as deter- the Marine Corps for operation and maintenance in fis- mined by the Commission, has a maturity suit- cal year 1994, $150,000 may be made available to repair able for the fund. and relocate a monument located on Iwo Jima com- (D) The Commission shall separately account memorating the heroic efforts of United States military personnel during World War II.’’ for all moneys deposited in and expended from the fund with respect to each war memorial for SECTION REFERRED TO IN OTHER SECTIONS which an arrangement for the repair or long- This section is referred to in sections 121, 127, 128, term maintenance of the memorial is entered to 138a, 138b, 138d of this title. under paragraph (2)(B). § 125a. Erection of works in National Memorial (c) Demolition of war memorials erected on for- Cemetery of the Pacific eign soils and other functions of Commission The Commission is authorized to take nec- The Commission is authorized to erect such essary measures to demolish any war memorial works of architecture and art in the National erected on foreign soil by an American citizen, Memorial Cemetery of the Pacific as may be de- a State, a political subdivision of a State, any termined by the Commission with the consent of other non-Federal governmental agency, foreign the Secretary of the Army. agency, or private association and to dispose of (June 24, 1954, ch. 359, title I, § 101, 68 Stat. 275.) the site of such memorial in such manner as it CODIFICATION deems proper, if— (1) the appropriate foreign authorities agree Section was not repeated in any subsequent appro- to such demolition; and priation act, which made appropriations for the Amer- (2) the sponsors of the memorial consent to ican Battle Monuments Commission. The proviso that the Commission may reimburse such demolition; or other Government agencies, including the Armed (3) the memorial has fallen into disrepair Forces, for salary, pay, and allowances of personnel as- and a reasonable effort on the part of the Com- signed to it, was omitted in view of section 122a of this mission has failed— title. Page 39 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 128

TRANSFER OF FUNCTIONS (3) The Secretary of the Treasury shall invest For provisions transferring from the Secretary of the any portion of the fund that, as determined by Army to the Administrator of Veterans’ Affairs all ju- the Chairman of the Commission, is not required risdiction over, and responsibility for, (A) all national to meet current expenses. Each investment shall cemeteries (except the cemetery at the United States be made in an interest-bearing obligation of the Soldiers’ and Airmen’s Home and Arlington National United States or an obligation guaranteed as to Cemetery), and (B) any other cemetery (including bur- principal and interest by the United States that, ial plots), memorial, or monument under the jurisdic- as determined by the Chairman of the Commis- tion of the Secretary of the Army (except the cemetery sion, has a maturity suitable for the fund. located at the United States Military Academy at West Point) which the President determines would be appro- (4) Amounts in the fund that are in excess of priate, see section 6 of Pub. L. 93–43, set out as a note the costs of carrying out this section, as deter- under section 2404 of Title 38, Veterans’ Benefits. mined by the Chairman of the Commission, shall be deposited in the Treasury as miscellaneous § 125b. Pacific War Memorial and other historical receipts to reimburse the United States for and memorial sites on Corregidor in Repub- funds appropriated pursuant to subsection (h) of lic of the Philippines this section. (a) Operation by ABMC (h) Authorization of funding Subject to subsection (b) of this section and to There are hereby authorized to be appro- the agreement referred to in such subsection, priated— (1) $6,000,000 for site preparation, design, the American Battle Monuments Commission planning, construction, and associated admin- shall restore, operate, and maintain the Pacific istrative costs for the restoration of the Me- War Memorial and other historical and memo- morial and other historical and memorial sites rial sites on Corregidor in the Republic of the referred to in subsection (a) of this section; Philippines. and (b) Condition (2) such sums as may be necessary for the The Commission may carry out this section operation and maintenance of such Memorial only after an agreement has been entered into and other historical and memorial sites. between the Republic of the Philippines and the (Pub. L. 100–687, div. B, title XVI, § 1602, Nov. 18, United States with respect to the restoration, 1988, 102 Stat. 4137.) operation, and maintenance of the Memorial and other historical and memorial sites referred to § 126. Repealed. July 25, 1956, ch. 721, § 2(a), 70 in subsection (a) of this section. Stat. 640 (c) Personnel Section, acts Mar. 4, 1923, ch. 283, § 5, 42 Stat. 1510; June 26, 1946, ch. 502, 60 Stat. 317, required Commission The Commission may employ personnel as to advise Secretary of the Army of location and date of may be necessary to carry out this section. completion of each memorial erected by it. (d) Use of other agencies § 127. Arrangements with foreign countries Departments, agencies, and other instrumentalities of the United States are authorized to The President is requested to make the nec- assist the Commission, on a reimbursable basis, essary arrangements with the proper authorities in carrying out this section. of the countries concerned to enable the Com- mission to carry out the purposes of sections (e) Funding 121, 122b to 125, 127, 128, 131, 132, and 138 to 138b The American Battle Monuments Commission of this title. shall carry out this section with private funds (Mar. 4, 1923, ch. 283, § 6, 42 Stat. 1510; June 26, except to the extent funds are appropriated pur- 1946, ch. 502, 60 Stat. 318.) suant to subsection (h) of this section. (f) Authority to solicit funds AMENDMENTS 1946—Act June 26, 1946, amended section generally. For the purpose of carrying out this section, the Commission may solicit and accept private SECTION REFERRED TO IN OTHER SECTIONS contributions and shall deposit such contribu- This section is referred to in sections 121, 125, 128, tions in the fund established by subsection (g) of 138a, 138b of this title. this section. § 128. Funds received from States, municipalities, (g) Fund or private sources (1) There is hereby established in the Treasury The Commission is authorized to receive funds a fund which shall be available to the American from any State, municipal, or private source for Battle Monuments Commission only for carry- the purpose of sections 121, 122b to 125, 127, 128, ing out this section. The fund shall consist of— 131, 132, and 138 to 138b of this title, and such (A) amounts deposited into, and interest and funds shall be deposited by the Commission with proceeds credited to, the fund under paragraph the Treasurer of the United States and shall be (2); and kept by him in separate accounts and shall be (B) obligations obtained under paragraph (3). disbursed upon vouchers approved by the Chair- (2) The Chairman of the Commission shall de- man of the Commission. posit into the fund the amounts that are accept- (Mar. 4, 1923, ch. 283, § 7, 42 Stat. 1510; June 26, ed under subsection (f) of this section. The Sec- 1946, ch. 502, 60 Stat. 318.) retary of the Treasury shall credit to the fund the interest on, and the proceeds from sale or re- AMENDMENTS demption of, obligations held in the fund. 1946—Act June 26, 1946, amended section generally. §§ 129, 130 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 40

SECTION REFERRED TO IN OTHER SECTIONS equipment, and inserted provisions making the Com- mission responsible for the maintenance of such ceme- This section is referred to in sections 121, 125, 127, teries and improvements therein. 138a, 138b of this title. 1946—Act June 26, 1946, amended section generally.

§§ 129, 130. Repealed. July 25, 1956, ch. 721, § 2(a), EX. ORD. NO. 9873. ADMINISTRATION OF THE MEXICO CITY 70 Stat. 640 NATIONAL CEMETERY Section 129, acts Mar. 4, 1923, ch. 283, § 8, 42 Stat. 1510; Ex. Ord. No. 9873, July 16, 1947, 12 F.R. 4777, provided: June 26, 1946, ch. 502, 60 Stat. 317, authorized prepara- By virtue of the authority vested in me by section 12 tion of memorials at arsenals or navy yards and per- of the act of March 4, 1923, as amended by the act of mitted use of captured war material. June 26, 1946, 60 Stat. 318 [this section], and as Presi- Section 130, acts Mar. 4, 1923, ch. 283, § 9, 42 Stat. 1510; dent of the United States, it is hereby ordered as fol- June 26, 1946, ch. 502, 60 Stat. 317, authorized Commis- lows: sion to furnish replicas of any memorial, or part there- 1. All functions of administration pertaining to the of. Mexico City National Cemetery, located in Mexico City, Calazada, Molchor, Ocampo 31, Mexico, DF, now § 131. Statements to President vested in or exercised by the War Department, together with the field civilian personnel, records, supplies, The Commission shall transmit to the Presi- equipment, and property of every kind pertaining dent of the United States annually on the 1st of thereto, are hereby transferred from the War Depart- October a statement of all its financial and ment to the American Battle Monuments Commission. other transactions during the preceding fiscal 2. The unexpended balances of appropriations or al- year. lotments of appropriations which are now, or may become, available to the War Department for the per- (Mar. 4, 1923, ch. 283, § 8, formerly § 10, 42 Stat. formance of the functions transferred by this order 1510; June 26, 1946, ch. 502, 60 Stat. 318; renum- shall be transferred to the American Battle Monuments bered § 8, July 25, 1956, ch. 721, § 2(c), 70 Stat. 640; Commission to such extent as the Director of the Bu- Apr. 21, 1976, Pub. L. 94–273, § 3(19), 90 Stat. 377.) reau of the Budget may deem necessary.

AMENDMENTS EX. ORD. NO. 10057. TRANSFER OF CERTAIN FUNCTIONS PERTAINING TO UNITED STATES MILITARY CEMETERIES 1976—Pub. L. 94–273 substituted ‘‘October’’ for ‘‘July’’. 1946—Act June 26, 1946, reenacted section without Ex. Ord. No. 10057, May 14, 1949, 14 F.R. 2585, as change. amended Ex. Ord. 10087, Dec. 3, 1949, 14 F.R. 7287, provided: SECTION REFERRED TO IN OTHER SECTIONS By virtue of the authority vested in me by section 12 of the act of March 4, 1923, 42 Stat. 1509, as amended by This section is referred to in sections 121, 125, 127, 128, the act of June 26, 1946, 60 Stat. 318 [this section], and 138a, 138b of this title. as President of the United States, it is hereby ordered § 132. Transfer of administrative functions, sup- as follows: 1. All functions of administration pertaining to World plies, materials and equipment to Commis- War II United States Military Cemeteries located in or sion; maintenance of cemeteries located in near Cambridge, England; Margraten, the Netherlands; foreign countries Hamm, Luxembourg; Henri-Chapelle, Belgium; Neuvil- leen-Condroz, Belgium; St. Laurent, France; St. James, The President may by Executive order trans- France; Epinal, France; St. Avold, France; Draguignan, fer to the Commission, with respect to any per- France; Nettuno (Anzio), Italy; Florence, Italy; Tunis manent military cemeteries located outside of (Carthage), Tunisia; and Ft. McKinley, Philippine Is- the United States, its Territories and posses- lands, now vested in or exercised by the Secretary of sions, the same functions of administration the Army pursuant to the act of May 16, 1946, c. 261, 60 which were transferred to the Commission by Stat. 182, as amended by the act of August 5, 1947, c. 497, Executive Order 6614, dated February 26, 1934, 61 Stat. 779, together with (a) such supplies, equipment, and Executive Order 10057, dated May 14, 1949, as temporary structures, utilities and facilities pertaining thereto as are located therein or are in depots or other amended by Executive Order 10087, dated Decem- places overseas under the jurisdiction of the American ber 3, 1949, together with any supplies, materials Graves Registration Service and are determined by the and equipment located therein or in military de- American Battle Monuments Commission to be re- pots overseas which are excess to the needs of quired for the discharge of its responsibilities under the Department of Defense and are requested by this order, and (b) the cemetery records currently the Commission for the performance of such maintained for the operation of such cemeteries, in- functions. Thereafter the Commission shall be cluding records pertinent to the acquisition of real es- responsible for the maintenance of such ceme- tate upon which the cemeteries and their appur- tenances are situated, are hereby transferred to the tery and of all improvements therein. American Battle Monuments Commission; such trans- (Mar. 4, 1923, ch. 283, § 10, formerly § 12, 42 Stat. fer to become effective as to any particular cemetery 1510; June 26, 1946, ch. 502, 60 Stat. 318; renum- or group of cemeteries upon the completion of the oper- bered § 10 and amended July 25, 1956, ch. 721, ational mission of the Department of the Army with respect to such cemetery or group of cemeteries, but in §§ 2(c), 4(b), 70 Stat. 640, 641.) no instance later than December 31, 1951, or at such REFERENCES IN TEXT earlier date as may be determined by the President or the Congress pursuant to the said act of May 16, 1946, Executive Order 10057, dated May 14, 1949, as amended as amended by the act of August 5, 1947. by Executive Order 10087, dated December 3, 1949, re- 2. The Department of the Army shall have the right ferred to in text, is set out below. to re-enter any of such cemeteries subsequent to the effective date of the transfer of functions with respect AMENDMENTS thereto for the purpose of making exhumations or re- 1956—Act July 25, 1956, § 4(b), amended section gener- interments should any such action become necessary. ally, substituting ‘‘permanent military cemeteries’’ for 3. There shall be transferred to the American Battle ‘‘national cemeteries’’, included Executive Orders 10057 Monuments Commission so much of the unexpended and 10087, authorized transfer of supplies, materials and balances of appropriations now, or which may become, Page 41 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES §§ 134, 135 available to the Department of the Army for the per- that the Government plans to remove the deceased to formance of the functions transferred by the provisions Corozal Cemetery unless the next of kin requests in of this order as the Director of the Bureau of the Budg- writing, not later than three months after the first is- et may deem necessary for use prior to July 1, 1950, in suance of such notification, either that the remains not connection with such functions. be removed from Mount Hope Cemetery, or that the remains be moved to, and reinterred in, the United States EX. ORD. NO. 12115. PERMANENT AMERICAN CEMETERY IN in a cemetery or other burial site designated by the REPUBLIC OF PANAMA next of kin. Ex. Ord. No. 12115, Jan. 19, 1979, 44 F.R. 4645, provided: (c) The Governor shall also provide notice to the next By the authority vested in me as President by the of kin of such deceased who are buried in Corozal Ceme- Constitution and the laws of the United States of tery that the Government will disinter and transport America, including Section 10 of the Act of March 4, such deceased to the United States for reinterment in 1923 (42 Stat. 1509), as amended (36 U.S.C. 132), and to a cemetery or other burial site designated by the next implement the intent of the United States Senate (124 of kin, if the next of kin so requests in writing not Cong. Rec. S3857 of March 16, 1978) as set forth by Res- later than April 1, 1982. ervations (1) and (3) to the Resolution of Ratification of (d) The Governor shall publish the notices provided the Treaty Concerning the Permanent Neutrality and for in subsections (b) and (c) of this Section in appro- Operation of the Panama Canal, it is hereby ordered as priate newspapers, magazines and other periodicals, follows: and utilize such other means of communicating with 1–101. The Secretary of State shall take all appro- the next of kin that he finds to be practical and effec- priate steps to complete, prior to the date of entry into tive. force of the Treaty Concerning the Permanent Neutral- 1–107. The Governor of the Canal Zone shall, before ity and Operation of the Panama Canal, hereinafter re- the entry into force of the Neutrality Treaty, fully ad- ferred to as the Neutrality Treaty, the negotiations vise the next of kin of all available options, and their which have begun with the Republic of Panama for an implications, in those cases where a request has been agreement under which the United States of America made that remains not be removed from Mount Hope would, upon the date of entry into force of such agree- Cemetery. ment and thereafter, administer as a permanent Amer- 1–108. The Secretary of the Army shall supervise the ican cemetery such part of Corozal Cemetery as encom- planned removal of the remains from Mount Hope Cem- passes the remains of citizens of the United States of etery to Corozal Cemetery and shall ensure compliance America. with the wishes of any next of kin who, within the time 1–102. Subject to the conclusion of the agreement re- specified in clause B(i) to the Third Reservation to the ferred to in Section 1–101 of this Order, the American Neutrality Treaty, objects to such removal. Battle Monuments Commission shall administer that 1–109. As used in this Order: part of Corozal Cemetery which encompasses the re- (a) ‘‘Next of kin’’ means the person whom the Gov- mains of citizens of the United States of America, in ernor of the Canal Zone determines to be the nearest accordance with the terms of the agreement with the living relative, by consanguinity or affinity, of a person Republic of Panama. buried at Mount Hope Cemetery or Corozal Cemetery. 1–103. The Governor of the Canal Zone shall, to the (b) ‘‘Members of their immediate family’’ means the extent funds are available, disinter from Mount Hope spouse, children, mother or father of the deceased Cemetery, before entry into force of the Neutrality United States citizen. Treaty, and reinter in Corozal Cemetery the remains of United States citizens, and the remains of members of JIMMY CARTER. their immediate family that are buried with them. The SECTION REFERRED TO IN OTHER SECTIONS Governor shall not remove from Mount Hope Cemetery the remains of any such person whose next of kin time- This section is referred to in sections 121, 125, 127, 128, ly requests in writing that such remains not be dis- 138a, 138b of this title. interred. The Governor shall transport to the United States for reinterment the remains of any such person § 133. Disbursing agent for disbursement of ex- whose next of kin timely requests in writing that such penditures outside continental United States remains be transported to the United States for re- On and after February 11, 1927, disbursements interment. 1–104. The Secretary of Defense shall, to the extent for expenditures outside of continental United funds are available, disinter from Corozal Cemetery States may be made by a special disbursing and transport to the United States for reinterment the agent designated by the commission and under remains of United States citizens, and the remains of such regulations as it may prescribe. members of their immediate family buried with them, whose next of kin requests in writing by April 1, 1982, (Feb. 11, 1927, ch. 104, 44 Stat. 1071.) that such remains be transported to the United States PRIOR PROVISIONS for reinterment. 1–105. Subject to the availability of funds, all the Provisions similar to those in this section were con- costs incurred in the disinterment, reinterment in tained in the following prior appropriation acts: Corozal Cemetery, and transportation of remains re- Apr. 22, 1926, ch. 171, 44 Stat. 307. quired by this Order, including the costs of preparation, June 7, 1924, ch. 292, 43 Stat. 522. cremation if requested, and a casket or urn, shall be Apr. 2, 1924, ch. 81, 43 Stat. 35. borne by the United States of America. The costs of reinterment in the United States, including any costs for §§ 134, 135. Omitted funeral home services, vaults, plots, or crypts, will be CODIFICATION the responsibility of the next of kin making the request, except to the extent otherwise provided by law, Section 134, acts Apr. 22, 1926, ch. 171, § 1, 44 Stat. 307; including any unused specific entitlements available Feb. 11, 1927, ch. 104, § 1, 44 Stat. 1071; May 16, 1928, ch. pursuant to statute. 580, § 1, 45 Stat. 575; Feb. 20, 1929, ch. 270, § 1, 45 Stat. 1–106. (a) The Governor of the Canal Zone shall iden- 1231; Apr. 19, 1930, ch. 201, § 1, 46 Stat. 230; Feb. 23, 1931, tify, to the extent feasible, the closest surviving next of ch. 281, § 1, 46 Stat. 1356; June 30, 1932, ch. 330, § 1, 47 kin of each deceased United States citizen buried in the Stat. 454, authorized Commission to incur certain obli- Mount Hope and Corozal Cemeteries, and of such next gations, and has not been repeated in subsequent appro- of kin of each member of the immediate family that is priation acts. buried with such United States citizen. Section 135, act Mar. 28, 1946, ch. 113, title I, § 101, 60 (b) The Governor shall provide notice to the next of Stat. 62, related to power to contract for work in Eu- kin of such deceased buried in Mount Hope Cemetery rope, etc., and has not been repeated in subsequent ap- § 135a TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 42 propriation acts. See section 138b of this title. Similar AMENDMENTS provisions were contained in the following prior appro- 1956—Act July 25, 1956, § 4(a), substituted ‘‘when no priation acts: longer required by the Commission’’ for ‘‘upon the ter- May 3, 1945, ch. 106, title I, 59 Stat. 107. mination of its duties’’ and required deposit of records June 27, 1944, ch. 286, title I, 58 Stat. 363. and archives in accordance with the provisions of the June 26, 1943, ch. 145, title I, 57 Stat. 171. Federal Records Act of 1950 (44 U.S.C. 397). June 27, 1942, ch. 450, 56 Stat. 395. 1946—Act June 26, 1946, amended section generally. Apr. 5, 1941, ch. 40, 55 Stat. 95. Former provisions of this section are covered by sec- Apr. 18, 1940, ch. 107, 54 Stat. 113. tion 138a of this title. Mar. 16, 1939, ch. 11, 53 Stat. 525. May 23, 1938, ch. 259, 52 Stat. 412. TRANSFER OF FUNCTIONS June 28, 1937, ch. 396, 50 Stat. 331. Mar. 19, 1936, ch. 156, 49 Stat. 1169. National Archives Establishment transferred to Gen- Feb. 2, 1935, ch. 3, 49 Stat. 7. eral Services Administration by act June 30, 1949, ch. June 16, 1933, ch. 101, 48 Stat. 285. 288, title I, § 104(a), 63 Stat. 381. On Dec. 11, 1949, Na- June 30, 1932, ch. 330, 47 Stat. 454. tional Archives and Records Service, under direction of Feb. 23, 1931, ch. 281, 46 Stat. 1356. Archivist of the United States, established by Adminis- Apr. 19, 1930, ch. 201, 46 Stat. 230. trator of General Services to succeed National Archives Feb. 20, 1929, ch. 270, 45 Stat. 1231. Establishment. National Archives and Records Service May 16, 1928, ch. 580, 45 Stat. 575. of General Services Administration transferred to Na- Feb. 11, 1927, ch. 104, 44 Stat. 1071. tional Archives and Records Administration, see sec- Apr. 22, 1926, ch. 171, 44 Stat. 307. tion 2102 of Title 44, Public Printing and Documents, and sections 103 to 106 and 108 of Pub. L. 98–497, set out § 135a. Repealed. Oct. 10, 1940, ch. 851, § 4, 54 as notes under section 2102 of Title 44. Stat. 1111 EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Section, acts June 28, 1937, ch. 396, § 1, 50 Stat. 331; Transfer of functions as effective July 1, 1949, see sec- May 23, 1938, ch. 259, § 1, 52 Stat. 412; Mar. 16, 1939, ch. tion 605 of act June 30, 1949, set out as an Effective Date 11, § 1, 53 Stat. 525; Apr. 18, 1940, ch. 107, § 1, 54 Stat. 113, note under section 471 of Title 40, Public Buildings, related to purchase of supplies in minimum quantity Property, and Works. without restrictions. SECTION REFERRED TO IN OTHER SECTIONS § 136. Seal of Commission; judicial notice This section is referred to in sections 121, 125, 127, 128, The commission shall have a seal, which shall 138a, 138b of this title. be judicially noticed. § 138a. Appropriations (Feb. 11, 1927, ch. 104, § 1, 44 Stat. 1071.) Such sum or sums as Congress may after June § 137. Disposition of land in foreign countries 26, 1946, appropriate for the purposes of sections 121, 122b to 125, 127, 128, 131, 132, and 138 to 138b The commission may, under such terms and of this title are authorized to be appropriated. conditions and in such manner as the commis- (Mar. 4, 1923, ch. 283, § 11, formerly § 13, as added sion may in its discretion deem necessary and June 26, 1946, ch. 502, 60 Stat. 318; renumbered proper dispose of any land or interest in land in § 11, July 25, 1956, ch. 721, § 2(c), 70 Stat. 640.) foreign countries which has been or may hereafter be acquired by the commission in connec- SECTION REFERRED TO IN OTHER SECTIONS tion with its work. This section is referred to in sections 121, 125, 127, 128, (Feb. 11, 1927, ch. 104, § 1, 44 Stat. 1071.) 138b of this title.

CODIFICATION § 138b. Acquisition and disposition of land in for- Provisions of this section were to be superseded by eign countries; operation of vehicles; estab- the third paragraph of section 138b of this title upon lishment of offices; printing authority; con- the expiration of the Surplus Property Act of 1944. See tract power; effective date; delegation of au- References in Text note set out under section 138b of thority; claims against Commission this title. Within the limits of any appropriation or ap- § 138. Records and archives propriations made for the purposes of sections 121, 122b to 125, 127, 128, 131, 132, and 138 to 138b The records and archives of the Commission, of this title, the Commission is authorized (1) to shall, when no longer required by the Commis- acquire land or interest in land in foreign coun- sion, be deposited with the National Archives in tries for carrying out the purposes of said sec- accordance with the provisions of section 2107 of tions or of any Executive order conferring func- title 44. tions upon the Commission without submission (Mar. 4, 1923, ch. 283, § 9, formerly § 11, 42 Stat. to the Attorney General of the United States 1510; June 26, 1946, ch. 502, 60 Stat. 318; renum- under the provisions of section 255 of title 40; (2) bered § 9 and amended July 25, 1956, ch. 721, to maintain, repair, and operate motor-propelled §§ 2(c), 4(a), 70 Stat. 640, 641.) passenger-carrying vehicles and other property, which may be furnished to the Commission by CODIFICATION other departments of the Government; (3) to es- ‘‘Section 2107 of title 44’’ substituted in text for ‘‘the tablish offices in the District of Columbia and Federal Records Act of 1950 (44 U.S.C. 397)’’ on author- elsewhere in or outside of the United States; (4) ity of Pub. L. 90–620, § 2(b), Oct. 22, 1968, 82 Stat. 1305, to rent office and garage space in foreign coun- the first section of which enacted Title 44, Public Printing and Documents, and Pub. L. 98–497, title I, tries which may be paid for in advance; (5) to § 102(a)(1), Oct. 19, 1984, 98 Stat. 2280, which renumbered procure printing, binding, engraving, litho- section 2103 of Title 44 (as enacted by Pub. L. 90–620) as graphing, photographing, and typewriting, in- section 2107. cluding the publication of information concern- Page 43 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 138c ing the American activities, battlefields, memo- 1994, 108 Stat. 1278–1280, 1379. Section 1631 was repealed rials, and cemeteries with respect to which it by act June 7, 1939, ch. 190, § 6(e), as added by act July may exercise any functions. 23, 1946, ch. 590, 60 Stat. 599, and is covered by sections Notwithstanding the requirements of existing 98 et seq. of Title 50, War and National Defense. Section laws or regulations, under such terms and condi- 1637 was repealed by act June 25, 1948, ch. 645, § 21, 62 Stat. 862, eff. Sept. 1, 1948, and is covered by section tions as the Commission may in its discretion 3287 of Title 18, Crimes and Criminal Procedure. Provi- deem necessary and proper, the Commission sions of section 1641 not repealed by the 1949 act were may contract for work, supplies, materials, and repealed by Pub. L. 87–256, § 111(a)(1), Sept. 21, 1961, 75 equipment outside or for use outside of the Stat. 538, and are covered by chapter 33 (§ 2451 et seq.) United States and engage, by contract or other- of Title 22, Foreign Relations and Intercourse. The pro- wise, the services of architects, firms of archi- visions of the Surplus Property Act of 1944 originally tects, and other technical and professional per- repealed by the 1949 act are covered by chapter 10 (§ 471 sonnel. et seq.) of Title 40, Public Buildings, Property, and Works. The Commission may under such terms and conditions and in such manner as it may deem CODIFICATION proper dispose of any land or interest in land in In the fourth paragraph, ‘‘section 2734 of title 10’’ sub- foreign countries which has been or may after stituted for ‘‘the first section of the Act entitled ‘An June 26, 1946, be acquired by the Commission in act to provide for the prompt settlement of claims for connection with its work: Provided, That this damages occasioned by Army, Navy, and Marine Corps subsection shall not be effective until the expi- forces in foreign countries’, approved January 2, 1942 ration of the Surplus Property Act of 1944. (55 Stat. 880, as amended; 31 U.S.C. 224d)’’ and ‘‘such Claims of the type described in section 2734 of Act’’, on authority of act Aug. 10, 1956, § 49(b), ch. 1041, title 10, on account of damage to or loss or de- 70A Stat. 640, the first section of which enacted Title struction of property both real and personal, or 10, Armed Forces. The 1942 Act originally enacted sections 224d to 224i–1, and repealed section 223a, of former personal injury or death of any person, arising Title 31, Money and Finance. Sections 224d, 224h, and on or after July 25, 1956 and caused by the neg- 224i of former Title 31 were repealed by the 1956 Act, ligent or wrongful act or omission of any officer and reenacted as section 2734 of Title 10, Armed Forces. or civilian employee of the Commission while Sections 224e, 224f, 224g, and 224i–1 of former Title 31 acting within the scope of his office or employ- were repealed by the 1956 Act as being unnecessary and ment, may be considered, ascertained, adjusted, executed. determined, and paid in the manner provided in AMENDMENTS section 2734 of title 10 for the settlement of Army claims, except that in such cases one or 1956—Act July 25, 1956, § 4(c), amended section to permit the Commission to contract for work, supplies, ma- more officers or employees of the Commission terials, and equipment for use outside the United may be appointed by the Secretary of the Army States, and to authorize the consideration, ascertain- to a claims commission or commissions or as of- ment, adjustment, determination, and payment of ficers to approve settlements of claims made by claims caused by the negligent or wrongful act or omis- such commission or commissions, and all pay- sion of any officer or civilian employee of the Commis- ments in settlement of such claims shall be sion. made out of appropriations made for the pur- SECTION REFERRED TO IN OTHER SECTIONS poses of sections 121, 122b to 125, 127, 128, 131, 132, and 138 to 138b of this title. This section is referred to in sections 121, 125, 127, 128, The Commission may delegate to its Chair- 138a of this title. man, secretary, or officials in charge of any of § 138c. American Battle Monuments Commission its offices, under such terms and conditions as it Foreign Currency Fluctuations Account may prescribe, such of its authority as it may deem necessary and proper. (a) Establishment; purpose; transfer of funds (Mar. 4, 1923, ch. 283, § 12, formerly § 14, as added There is hereby established in the Treasury an June 26, 1946, ch. 502, 60 Stat. 318; renumbered account to be known as the ‘‘Foreign Currency § 12 and amended July 25, 1956, ch. 721, §§ 2(c), Fluctuations, American Battle Monuments 4(c), 70 Stat. 640, 641.) Commission, Account’’. The account shall be used to provide funds, in addition to funds ap- REFERENCES IN TEXT propriated for salaries and expenses of the The expiration of the Surplus Property Act of 1944, American Battle Monuments Commission, to referred to in the third paragraph, means the expira- pay the costs of such salaries and expenses that tion of act Oct. 3, 1944, ch. 479, 58 Stat. 765, which was exceed the amount appropriated therefor as a re- classified principally to sections 1611 to 1641 of Title 50, Appendix, War and National Defense. The expiration of sult of fluctuations in currency exchange rates such act was to occur, pursuant to section 38 of such of foreign countries occurring after a budget re- act, three years after cessation of hostilities of World quest for the Commission is submitted to Con- War II. Cessation of hostilities was proclaimed on Dec. gress. The account may not be used for any 31, 1946, by Proc. No. 2714, 12 F.R. 1, set out as a note other purpose. Funds in the account may be preceding section 1 of Title 50, Appendix. However, ef- transferred to funds appropriated for salaries fective July 1, 1949, section 38 of act Oct. 3, 1944, along and expenses of the Commission. with substantially all of such act was repealed (except for sections 1622, 1631, 1637, and 1641 of Title 50, Appen- (b) Merger and availability of transferred funds; dix) by act June 30, 1949, ch. 288, title VI, § 602(a)(1), 63 increase in permissible obligations of funds Stat. 399, renumbered Sept. 5, 1950, ch. 849, § 6(a), (b), 64 Funds transferred under subsection (a) of this Stat. 583. Sections 1622 and 1641 were partially repealed by the 1949 act, and section 1622 is still set out in part section shall be merged with and available for in Title 50, Appendix. Section 1622(g) was repealed and the same time period as the appropriation to reenacted as part of sections 47151 to 47153 of Title 49, which they are applied. A provision of law limit- Transportation, by Pub. L. 103–272, §§ 1(d), 7(b), July 5, ing the amount of funds the Commission may § 138d TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 44 obligate in any fiscal year shall be increased to ply with the requirements of subsection (b) of the extent necessary to reflect fluctuations in this section and section 125(b)(3)(D) of this title. exchange rates from those used in preparing the (b) Financial statements budget submission. The Commission shall— (c) Recording of obligations and fluctuations in (1) by March 1 of each year (beginning with exchange rates 1998)— An obligation of the Commission payable in (A) prepare a financial statement which the currency of a foreign country may be re- covers all accounts and associated activities corded as an obligation based upon exchange of the Commission for the preceding fiscal rates used in preparing a budget submission. A year and is consistent with the requirements change reflecting fluctuations in exchange rates of section 3515 of title 31; and may be recorded as a disbursement is made. (B) submit the financial statement, together with a narrative summary, to the (d) Return of transferred funds Committees on Veterans’ Affairs of the Sen- Funds transferred from the Foreign Currency ate and House of Representatives; and Fluctuations, American Battle Monuments (2) obtain an audit by the Comptroller Gen- Commission, Account may be transferred back eral of the United States of each financial to that account— statement prepared under paragraph (1)(A), (1) if the funds are not needed to pay obliga- which shall be conducted in accordance with tions incurred because of fluctuations in cur- applicable generally accepted government au- rency exchange rates of foreign countries in diting standards and shall be in lieu of any the appropriation to which the funds were audit otherwise required by law. originally transferred; or (2) because of subsequent favorable fluctua- (c) Restrictions on funds received before March tions in the rates or because other funds are, 1, 1998 or become, available to pay such obligations. The Commission may not obligate, withdraw, (e) Time of return or expend funds received as contributions before March 1, 1998. A transfer back to the account under subsection (d) of this section may not be made after (Mar. 4, 1923, ch. 283, § 14, as added Oct. 9, 1996, the end of the second fiscal year after the fiscal Pub. L. 104–275, title VI, § 602(b), 110 Stat. 3345.) year in which the appropriation to which the CHAPTER 8A—THE NATIONAL YEOMEN F funds were originally transferred is available for obligation. Sec. 139. Corporation created; purposes. (f) Unobligated balances; merger and availability 139a. Right to hold property; constitution, bylaws Not later than the end of the second fiscal and seal. year following the fiscal year for which appro- 139b. Deposit of historical material. priations for salaries and expenses have been § 139. Corporation created; purposes made available to the Commission, unobligated balances of such appropriation provided for a fis- Eva H. Clarke, Beatrice Brown Dwyer, and cal year may be transferred into the Foreign Mary J. O’Donnell, of Arizona; Currency Fluctuations, American Battle Monu- Ruby Busse Anglim, Lottie Sessions Barrett, ments Commission, Account, to be merged with Philome Lucy Cavanagh, Stella Austen Clark, and available for the same period and purposes Pearl Bonham Clerk, Lillian Koeber Deamer, as that account. Harriet Jane Dodson, Alma Simmermacher Dreyer, Stella Neumann Elberson, Ola Belle (g) Annual report on transferred funds Emmner, Edna Crumpler Estes, Mirian Mathews The Commission shall submit to the appro- Everett, Katherine Driscoll Fallon, Kathleen priate committees of the Congress each year a Vance Hatch, Eva Wilson Hay, Ellen Keefe report on funds transferred under this section. Heady, Ruth Hemphill, Myrtle Kinsey, Anna (Mar. 4, 1923, ch. 283, § 13, as added May 20, 1988, Geisler Kirkpatrick, Katherine Brown Lightner, Pub. L. 100–322, title III, § 345(a), 102 Stat. 540.) Margaret Dannagger Lovelace, Lillian Catherine McCarthy, Gladys Farmer McCool, Laura EFFECTIVE DATE Landes Metcalf, Louise Vickery Mowers, Ruth Section 345(c) of Pub. L. 100–322 provided that: ‘‘The Manahan Neal, Gladys D. Nelson, Madeline amendment made by subsection (a) [enacting this sec- O’Leary Peggs, Caroline Peirce, Sara Craddock tion] applies with respect to each fiscal year after fis- Sasser, May Gesner Schaefer, Billie Browne cal year 1988.’’ Schank, Rita Beauton Schaub, Etienne V. AUTHORIZATION OF APPROPRIATIONS Schier, Louise Williams Sears, Anne Williams Shumway, Florence Kelly Sparrow, Laura V. Section 345(b) of Pub. L. 100–322 provided that: ‘‘There Waldron, Agnes L. Walker, Gladys Spalding is authorized to be appropriated to the Foreign Cur- Wheless, Evelyn Lyon Wiberg, and Muriel An- rency Fluctuations, American Battle Monuments Com- mission, Account the sum of $3,000,000.’’ drews Zerangue, all of California; Gladys Yeager Briggs, and Blanche Marion § 138d. Accounting procedures relating to receipt Curry, of Colorado; and expenditure of contributions Grace Pascoe Agard, Julie Sternberg Aichler, Mary Sweeney Alling, Sara Hinchey Barry, (a) Financial controls Anna Kilroy Bean, Kathleen Moriarity Begley, The Commission shall have a system of finan- Anna Lyons Bergin, Ethel Cornet Bolles, Anna cial controls to enable the Commission to com- McDowell Brown, Mary MacKenzie Carson, Lucy Page 45 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 139

Galvin Cavanaugh, Rose Reiger Chapman, Doro- dine O’Neill, Helen Linkins Opitz, Netty Baxter thy Sara Clifford, Monica Cecelia Clifford, Sadie Parker, Blanche C. Paul, Anna Viola Phelps, Connelly, Marjory Murray Cormack, Martha Annie Skidmore Powers, Sue Gould Prentiss, Swirsky Cotton, Marion McEntee Cox, Ione Edith Warren Quinn, Lillian Louise Reagan, Disco Cunningham, Katherine Lyng Donovan, Edna Marie Robey, Estelle Richardson Ruby, Margaret Bess Dordelman, Marguerite Driscoll, Ethel Clark Rule, Louise MacDonnell Ryan, Mae Sheehan Dwyer, Ruth Lawson Euster, Elizabeth Ivey Sage, Marion Trumbo Skinner, Katherine Frances Fagan, Ethel Clendenen Jessica Randolph Smith, Margaret Grady Fargo, Gertrude Selesnitzky Feinberg, Elisabeth Smith, Mabel F. Staub, Emily Steele, Nellie Tagliabue Fields, Helen Buckley Fitzgerald, Rollins Stein, Edith Herndon Summerson, Mary Irene Catherine Fitzgerald, Anna Campbell For- Sullivan Tatspaugh, Marion Crawford Thur, sythe, Anna J. Gaughan, Mary Penders Gillis, Mary Killilea Tracey, Margaret Mills Vaughan, Mary Agnes Grady, Theresa Madeleine Hamill, Eva Young Virtue, Olive Wrenn Walter, Gene- Alice Mary Harrington, Florence Hulbert vieve F. Wedding, Mary Z. Weide, Lena Kathryn Hermanus, Ella Veronica Houlihan, Deborah Willige, Pansie Casanave Willson, Ethel M. Wil- Pickett Kane, Frances Walsh Keenan, Margaret son, Faith Clements Windsor, Amy Owen Wood, O’Brien Kennedy, Hazel Merwin Lander, Eliza- Lena Rigby Woolford, Myrtle Stephens Wright, beth Mallon Leighton, Agnes Carlson Lukens, and Mary Crook Yates, all of the District of Co- Catherine Gertrude MacKenzie, Clara Arm- lumbia; strong MacKenzie, Edna Murray Manchester, Marie Roberts Bevis, Zella Prunty Byrd, Mary Driscoll Markham, A. Regina Martin, Jo- Lamonte Oliver Cates, Demerise Labbe Cleve- sephine McAuliffe Martin, Bellerose Meunier, land, Ida Matthews Eichenberger, Loyce Davis Mazie Rogers Miller, Elsie Reichert Moon, Hackett, Mabel Williamson Jacobs, Madeline A. Winnifred Patricia Nagle, Isabelle Dickson Pe- Jacobson, Idele Torrance Jamison, Adele Mead terson, Lucy Riley Pfannenstiel, Jewel Perkins Kendrick, Josephine Mack Miller, Lois Pitt, Eleanor Donahoe Reilly, Elizabeth Kepes Clappison Morse, Almeda Fink Murphy, Roxana Reynolds, Ida Reed Sanders, Alice Savage, Mil- Anne Post, Agnes Towson Shelton, Daisy Ruth dred Mabel Schwartz, Margaret Hogan Seaman, Westerlund, and Elsie Tuttle Wright, all of Flor- Ida Selesnitzky Stone, Agusta Strand, Caroline ida; Wyllie Waterman, Juliana Augusta Weske, Anna Elizabeth O’Connell, of Georgia; Helen Weinhusen, Louise Arnold Wiley, Selina Alta Sebree Wardwell Donovan, of Idaho; Lee Winter, Margaret Hardiman Wrisley, Mary Elsie Ericksen Biever, Nora Pomeroy Darling, Connors Wundrack, and Marie Deering Yeager, Grace Alma Dunbar, Anne Rourke Durst, Vir- all of Connecticut; ginia Stoddert Moore Grottee, Nell Weston Norma M. Albers, Lucille Loveless Allan, Halstead, Edna Benton Hann, Cornelia M. Gladys Elizabeth Allen, Sarah Jarvis Andrus, Huennekens, Elizabeth Ann McCoy, Mary Louise Edith Ober Armstrong, Mary Hough Barber, May Minton, Josephine MacFarland Moran, Mable A. Barrett, Nettie Neitzey Beach, Mary Munday Vander Ploeg Pease, Hester Smith Rasmussen, Becker, Esther Hall Beckett, Anne Curtin Belt, Agnes Foertsch Rohlfing, Marie Healy Simpson, Charlotte Louise Berry, Jeannette L. Bishop, Evelyn Jackson Skavlan, Constance Strong, and Alice Boland Bloomfield, Amelia Boberg, Beulah May Gilligan Sutherland, all of Illinois; Holtzscheiter Bosworth, Jane M. Breen, Kate Donna Zimmer Akin, Bessie Fisher Bogwell, Knight Briggs, Eloise Broaddus, Helen Sprague Hortense Lee Goldsmith, Mary Parker Harris, Brown, Lola Carlisle Strailman Browning, Rose and Minnie Tryon Ryan, all of Indiana; Flood Buice, Annette Louise Burton, Gertrude Maud Lowell Ayers, of Kentucky; Bange Butts, Mary Callen, Daisy House Camp- Sarah Flaherty Gallagher, and Gladys Ilsley bell, Ella Echois Chambers, Emma S. Collie, McKnight, of Maine; Maude V. Cowan, Jane Regina Cox, Catherine L. Dorothy Devey Brunken, Lucille Bonita Crowley, Reva S. Darrell, F. Pearl Delaplaine, Garrett, Fannie Grigat Laut, Grace Ryder Mead, Eleanor Marie Downey, Alice M. Downie, Cora Katherine Marie Page, Lillian Deters Tabor, Laughlin Drake, Anna Cecelia Dunn, Emma Effie Van Horn Thomas, Edna Josephine Yorker, Schroder Dyer, Bessie London Faine, Elizabeth and Anna Kaer Yust, all of Maryland; Waters Fallis, Anna Schultz Frame, Barbara Mary Lee Aylward, Marion L. Bain, Florence Spence French, Agnes Monia Gallagher, Annie K. Barry, Anna E. Beers, Helen I. Blake, Mary C. Ellen Gilson, Eleanor Mary Griffith, Mary Breslow, Adelaide Mary Bresnahan, Gladys Derouda Hall, Amy F. Hammond, Adelaide Ruth Bruce, Isabel Kehoe Burk, Aileen J. Burke, Eliz- Harbers, Dorothy B. Harper, Carolyn Hardesty abeth Helen Burke, Dorothy Leighton Cady, Herman, Nellie Grant Hinson, Mary E. Jones, Alice Elinor Carey, Helen Carman, Mary A. Car- Claire Keefe, Kathryn Gallagher Kendrick, Ann roll, Mary Chisel, Mary Warner Colombo, Mazie Kilmartin, Hope Knickerbocker, Louise Elender Conley, Kathryn J. Connor, Anita Ryan Con- Koester, Mary Beall Kolhos, Helen Lucinda nors, Mary M. Conroy, Ellen Bernadette Corbett, Leonard, Edith Kite Lewis, Mary Dove Catherine A. Corcoran, Winifred Burns Cox, Loughrey, Marie B. Luebkert, Lillian Allen Bru- Lizzie Glidden Crowley, Madeleine Galvin Dela- baker Luther, Helen Horigan Maisel, Laura Gar- no, Elinor Kyle Devine, Sally Ryan Devlin, cia Martin, Louise Greenwald Matthews, Helen Mary F. Doherty, Jane E. Dolsen, Mary Dowd, C. McCarty, Geraldine Clark McGovern, Lois B. Eleanor Marion Drew, Alice Driscoll, Mary McRae, Ellen Russell McWilliams, Eloise San- Joyce Duggan, Mollie Catherine Dundon, Mar- ford Davison Miller, Mary Kurth Moler, Alice garet Murphy Faherty, Helen Farrell, Helen Alford Morgan, Anna Lochte Murphy, Margaret Mary Farrell, Catherine Woodward Feeney, Ber- Elma Naylor, Edna Meier Nielson, Margaret nice W. Fortin, Patricia Gleason, Marion E. Broderick Nolan, Alice F. O’Neal, Helen Geral- Grady, Mary E. Grady, Anna Mary Hegarty, § 139 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 46

Ethel Hickey, Dorothy Drew Horan, Elizabeth A. Alice Leahy Everard, Dorothy Winifred Ferrier, Horgan, Marie Lambert Johnson, Anna Riley Elinor Valentine Foley, Marie McElroy Forte, Joyce, Agnes Keanneally, Ellen E. Kearns, Bes- Anna Gallagher, Margaret Katherine Garland, sie Josephine Kelly, Violet Elizabeth Kirkland, Florence Wilson Goulden, Alice Miriam Ethel Lally, Genevieve Adrienne Lane, Lucy Govenor, Elizabeth Anna Gridley, Mildred Marshall Lanigan, Ellen A. Lannigan, Leonore Berryman Hall, Mary Mahoney Halwartz, S. Learson, Julia B. Lehan, Marie Alice Long, Ger- Dorothy First Hayes, Alice Gieseking Johnson, trude Lorton, Emma Macaulay Lyle, Helen Angela Lyons Johnson, Marie Elizabeth Kelly, Stolba Macbeth, Gertrude Catherine Macdonald, Carrie Klinger, Leonore Lawson Koellsted, Lu- Margaret Mehlman Maguire, Anna Marie cile Alzamora Lacey, Mary Gray Langford, Es- Mahan, Genevieve A. Maher, Mary Louise ther Martins Law, Hortense Lersner, Gertrude Marcille, Marie Kathryn McAuliffe, Anna Long, Isabel Margaret Lynch, Nellie Mahoney, McCarthy, Helen F. McDonald, Catherine Ruth Evelyn Manning, Matilda Foeth McDon- McDonough, Marion Mary Mc- Elaney, Anna ald, Agnes Murphy McGovern, Mary McMahon, Marie McGuire, Esther McCall McLaughlin, Lillian Forsberg Miller, Maud Amelia Mittern, Agnes Murphy McLean, Anna L. McNulty, Ruth Blanche Babbitt Moeller, Frances Donahue Desmond McSweeney, Bertha Erickson Mead, Molloy, Mina Walden Mullen, Lulu Muller, Mary Irene Florence Michel, Yvonne Michel, Margaret Elizabeth Noel, Lillie May Nohowec, Mabel Isabelle Mitchell, Margaret Louise Murphy, Dorothy O’Connell, Betty A. Peifer, Frances L. Helen Adelaide Murray, Elizabeth McDonald Phair, Anna Reisman, Julia White Robbins, Myers, Helen Barr Nickerson, Eleanor Teresa Marion Flannery Savage, Gertrude Evelyn Saw- O’Brien, Marguerite Catherine O’Brien, Ria yer, Margaret Faglon Schutt, Mae E. Minehan O’Brien, Margaret Lonergan O’Brion, Shuttleworth, Ethel Lynwood Sickles, M. Grace Helen O’Brien O’Connor, Elizabeth M. Siegmann, Alice Clyde Stafford, Jeannette Gart- O’Donnell, Mary Bull Owens, Olive T. Parsons, land Sturla, May Agnes Sullivan, Lilian Browne Mary Fielding Rawling, Mary McGunigle Swanson, Dorothy Bradford Thomson, Irene M. Redmond, Elizabeth Foley Regan, Mary Lane Tynan, Rita Regan Wallis, Florence Kelley Wal- Regan, Ellen Riley, Helen O’Brien Riley, Anita ters, Irene Hallan Webb, Julia Woodroff Roberts, Mary Myers Robinson, Alice Mahan Wheelock, Sally R. Wolf, Sarah Gibbon Yeoman, Saunders, Gladys Mary Saxton, Mary Elizabeth and Henrietta Yunker, all of New York; Scalley, Julia E. Shine, Elizabeth Stander, Mary Cooper Miller Correll, Willa Tritt Coward, Vir- Catherine Sughrue, Madeline O’Brien Sullivan, ginia Dockery Crow, Lassie Kelly Cunningham, Harriet Mussinan Swearingen, Mary Gross Ethel Harwood Fuller, Estelle D. Gordon, Velma Thayer, Grace M. Tomasello, Madeline Robillard Moody Horne, Annie L. Londeree, Arabella Treloar, Isabel Catherine Wall, Lulu Veronica Johnson Milligan, Rebecca Adams Nichols, Mary Walsh, Ethel Mary Ward, Agnes O’Brien Welch, Allen Pearce, Kathleen Rogers Tate, and Edith Esther Marie Werme, Margaret Gertrude Whol- Singer Weibel, all of North Carolina; ly, Alice M. Williams, Lillian Everette Williams, Neita Russell Christian, Evelyn Evans, Mary Lucy M. Winn, and Maud C. Young, all of Massa- Pow Hartman, and Mae E. Hickey, all of Ohio; chusetts; Helen Jane Bringier and Bessie Hittle Groff, of Theresa Bean Ballenger, Lilla Mary Bellinger, Oklahoma; Gertrude M. Camp, Pauline Cassidy, Grace Anna Lenz Seaton, and Evelyn B. Youngs, of Schoenhur Conway, Marie Rossley Kalt, Gladys Oregon; Webster Mallett, Helen Moran, and Margaret Marie R. Ahern, Mary Kemp Anthony, Laura Morton Mullaney, all of Michigan; Anderson, Sue Rohland Arishoff, Lillian Young Ethyl Ryan Maly and Gertrude O’Connor Armour, Minnetta Collies Bentz, Lillian LeVene Trestrail, of Minnesota; Blackman, Maybelle M. Bond, Anna D. Boyle, Gladys Thames Hubbard, of Mississippi; Gertrude Margaret Bracken, Winifred Brooks, Sophie Polenska Coleman, of Missouri; May McCormick Bullock, Emma Engel Bunte, Davidson, Edyth Plummer, and Dorothy Margaret Rebecca Burdell, Mary Gallagher Mauck Wehrman, of Nebraska; Campbell, Margaret M. Collins, Mae McConnell Christina Sander Anderson, Anna Elizabeth Conlin, Mary E. Cross, Mrs. James Crumlish, Conroy, Gertrude O’Neil DeBrunner, A. May Anna Maguire Culliton, Mary Cavanaugh Daly, Erwin, Alice Catherine Fairbrother, Kathleen Claire Dougherty Dever, Helen M. Devery, Anna Mary Field, Anne Pedersen Freeman, Mar- Marie Devine, Elizabeth Gray Doran, Helen guerite B. Geiger, Lillian Helena Hannold, Julia Dunne, Helen Coty Easterby, Anna Viola Ed- Hicks, Anna V. Kane, Dorothy May Lee, Corrine monds, Dorothy Elma Evans, Florence Dextroze Mahanna, Anne Marie McCormick, Monberger Fedor, Sylvania Israel Garner, M. Mina Klein Morrison, Marie Burke Oetmann, Cecilia Geiger, Gertrude White Gilkes, Fanny Ann B. Shinnick, and Catherine Waters, all of Goldscheider, Blanche Miller Grimes, Catherine New Jersey; Stanfield Gutenberger, Emily Hacker, Beatrice Sarah Russell Imhof, of New Mexico; B. Hamer, Agnes E. Hamill, Marion Manahan Mary Ducey Archer, Laura Dayton Ball, Es- Hammill, Claire V. Harkins, Bertha M. Harris, ther Berkowitz, Rose Brancato Biagi, May Anne Mary English Harvey, Freda Forster Hawsey, Blazina, Ruth Nethaway Bouck, Harriet Kathryn Johnston Hazzard, Charlotte King Eldridge Robins Brandt, Josephine Mitchell Hedden, Jane Orr Heilig, S. Elizabeth Holmes, Brosseau, Irene Malito Brown, Regina Burke, Effie C. Innes, Sue Altemus Jones, Anna Eliza- Frances Jedlicka Campbell, Rowena Margaret beth Jourdan, Marie A. Kelly, Marie V. Klase, Campbell, May Flaherty Carroll, Veronica Marie Emma Edith Lapeus, Sophia Levin, Mary M. Cherry, Mary L. Clark, May Cecilia Collins, Ada Long, Laura Harrison Love, Anna Elizabeth Howe-Webster Dailinger, Julia Flynn Dorner, Magee, Helen Marshall, Esther Nichols Martin, Page 47 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 140

Cecilia McHale, Elizabeth Marie McNamee, Laura Finnegan Cheatham, Margaret Anna J. Meara, Mary Burton Morris, Rosaline K. MacEachern Edwards, Marie Murray Grant, Lil- Moscony, Helen Hannigan Myers, Sara Myers, lian Cooper Harrington, and Julia Weber, all of Florence Fischer Nicholson, Vesta Kaufman Hawaii; Niedt, Sylvania W. Oberholtzer, Anna Florence and their associates and successors are created a O’Connor, Constance O’Hara, Catherine G. body corporate and politic, in the District of Co- O’Neill, Margaret Elizabeth Paul, Anne M. lumbia, by the name of ‘‘The National Yoemen 1 Perry, Cora Felter Phillips, Molly Dever Pur- F’’, for patriotic, historical, and educational cell, Mary A. Raith, Sara Ada Rice, Isabel E. purposes; to foster and perpetuate the memory Rosenfeldt, Anna M. Ross, Lillian White of the service of Yoemen 1 (f) in the United Schumacher, Prudence McCullin Sheperla, Ra- States Naval Reserve Force of the United States chel Emily Shultz, Aida Holz Skelly, Mabel Mel- Navy during the World War; to preserve the ville Slifer, Marjorie L. Slocum, Mary T. Smith, memories and incidents of their association in Caroline Steinbock, Mary M. Taylor, Agnes Fin- the World War by the encouragement of histori- ley Tieman, Ida Carver Townsend, Gertrude cal research concerning the service of Yoemen 1 Martin Voigt, Katherine Frances Walsh, Mary (f); by the promotion of celebrations of all patri- Warren, Elsie E. Weaver, Amy Maria Weems, otic anniversaries to cherish, maintain, and ex- Annette Kirby Weirbach, Margaret Rowena tend the institutions of American freedom; to Wellbank, Joanna Ferguson Wittman, and Elsie foster true patriotism and love of country, and Richards Whitmore, all of Pennsylvania; to aid in securing for mankind all the blessings Jennie Carter Aldred, Elizabeth Louise Bax- of liberty. ter, Lydia York Brown, Lylian Annette Callis, Lillie Reeves Campbell, Olive Mather Clark, (June 15, 1936, ch. 546, § 1, 49 Stat. 1501.) Theresa Margaret Dunphy, Helen MacDonald § 139a. Right to hold property; constitution, by- Garnett, Matilda Eglinton Grady, Dora Bucklin laws and seal Helwig, Catherine Freeman Hunt, Monica Monaghan Keenan, Margaret Ruane McCartin, Said organization is authorized to hold real Effie Crowther Meeker, Mary Littlefield O’Mara, and personal estate in the United States so far Jennie Cavanaugh Peffer, and Agnes Wheeler only as may be necessary to its lawful ends, to Smith, all of Rhode Island; an amount not exceeding $50,000, and may adopt Bertha Avaunt Frischkorn, Sara Quinn Har- a constitution and bylaws not inconsistent with rington, Rosa Wade Holland, Florence Idella law, and may adopt a seal. Larasey, Mary Sinkler de Saussure McQueen, (June 15, 1936, ch. 546, § 2, 49 Stat. 1506.) Ida Marie Stoesen, and Mamie Elizabeth Verdier, all of South Carolina; § 139b. Deposit of historical material Antonio Shuster Bunger, Sue Lou Rutledge Corbin, and Louisa Daniell Shepard, all of The regents of the Smithsonian Institution Texas; are authorized to permit said national organiza- Esther Laubach, of Utah; tion to deposit its collections, manuscripts, Nellie Leland Cutler and Minnie Bliss books, pamphlets, and other material for his- Sweetser, of Vermont; tory in the Smithsonian Institution or in the Bertha Tyler Carwithen, Columbia Taylor National Museum, at their discretion, upon such Conway, Mary Anne Eike, Janet Rishell English, conditions and under such rules as they shall Dorothy Knight Fannon, Pauline Taylor Groves, prescribe. Peggy Oakes Marable, Ethel Ward Montagne, (June 15, 1936, ch. 546, § 3, 49 Stat. 1506; June 29, Rose Nelson O’Hara, Anna Smith Reynolds, Jo- 1960, Pub. L. 86–533, § 1(23), 74 Stat. 249.) sephine M. Senerchia, Maude Lois Smith, Mayme E. Smith, Mary Phillips Spiers, Mar- AMENDMENTS garet C. Thomas, and Ulla Rathbun Tracy, all of 1960—Pub. L. 86–533 struck out provisions which re- Virginia; quired organization to report annually to Secretary of Sadie Conely Babcock, Margaret Powell Smithsonian Institution concerning its proceedings, Bidlake, Calla Layton Henly, Betty L. Reynolds, and required Secretary to communicate to Congress such portions thereof as he may deem of national inter- Emma Rogers Shriver, Lillian M. Squier, and est and importance. Agnes Bell Williams, all of Washington; Elsie Jane Beaty, Beulah Bess Carper, Ada CHAPTER 8B—NAVY CLUB OF THE UNITED Drown Childers, Mabelle W. Clinton, Alberta STATES OF AMERICA Herren Davis, Selma Price Deyo, Cora Byrnside Sec. Haynes, Mabel Claire Heslep, Hazel Hodge, Pau- 140. Corporation created. line Miller Howard, Tillie Haley Hull, Elizabeth 140a. Purposes of corporation. Van Hoose Hurt, Helen Southworth Lanterman, 140b. Powers of corporation. Hope Parker Oesterle, Naoma Hawkes Parsons, 140c. Annual report. Mary Louise Price, Kathaleen Dellinger Ridgley, CROSS REFERENCES and Wafie Calebaugh Robinson, all of West Vir- ginia; Navy Wives Clubs of America, see section 2801 et seq. Mrs. Wallace A. Giffen, Laura V. Hall, Elea- of this title. nore Walters Herdrich, Ada Hosford, and Sophia § 140. Corporation created Keller Ormond, all of Wisconsin; Susan Barnes Turney, of Wyoming; Sigfred A. Sandeen, national commandant; Er- Wilhelmina Mezger Farvin Woofter, of Alaska; nest C. Fiedler, national senior executive offi- Katherine Patee MacMillian, of Canada; Rose O’Connell Shaefer, of China; 1 So in original. Probably should be ‘‘Yeomen’’. § 140a TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 48 cer; Thomas D. Hickey, national junior execu- a report of its proceedings and activities for the tive officer; Forest F. Bodiker, national pay- preceding calendar year. Such reports shall not master; V. Homer Peabody, national chaplain; be printed as public documents. Mason C. Martin, national historian; and John (June 6, 1940, ch. 239, § 4, 54 Stat. 233; Aug. 30, F. McCullough, medical doctor, national medi- 1964, Pub. L. 88–504, § 4(11), 78 Stat. 637.) cal officer, are created a body corporate of the name, ‘‘Navy Club of the United States of Amer- AMENDMENTS ica.’’ 1964—Pub. L. 88–504 struck out ‘‘, including the full (June 6, 1940, ch. 239, § 1, 54 Stat. 232.) and complete statement of its receipts and expenditures’’ after ‘‘calendar year’’. RESERVATION OF RIGHT TO ALTER CHAPTER Section 5 of act June 6, 1940, provided: ‘‘That the CHAPTER 9—NATIONAL OBSERVANCES right to alter, amend, or repeal this Act [enacting this Sec. chapter] at any time is hereby expressly reserved.’’ 141. Display of flag on buildings on second Sunday § 140a. Purposes of corporation in May. 142. Second Sunday in May designated as Moth- The purposes of this corporation shall be (a) to er’s Day. further, encourage, promote, and maintain com- 142a. Third Sunday in June designated as Father’s radeship among those persons who are or have Day; display of flags on buildings; observ- been in the active service of the United States ance. 142b. National Grandparents Day; proclamation, Navy, the United States Marine Corps, or the designation; observance. United States Coast Guard; (b) to revere, honor, 142c. Parents’ Day; establishment. and perpetuate the memory of those persons 142c–1. Recognition of Parents’ Day. who have been such members and have departed 143. First Monday in October designated as Child this life; (c) to promote and encourage further Health Day. public interest in the United States Navy, the 144. Transferred. United States Marine Corps, and the United 145. May twenty-second designated as National States Coast Guard and the history of said orga- Maritime Day. 146. Second Monday in October as Columbus Day. nizations; (d) to uphold the spirit and ideals of 147. Display of flag on buildings on last Sunday in the United States Navy, the United States Ma- September. rine Corps, and the United States Coast Guard; 148. Last Sunday in September designated as Gold (e) to promote the ideals of American freedom Star Mother’s Day. and democracy and to fit its members for the 149. April thirteenth for commemoration of duties of citizenship and to encourage them to Thomas Jefferson’s birth. serve as ably as citizen 1 as they have served the 150. April as Cancer Control Month. Nation under arms; and (f) to maintain true al- 151. August nineteenth as National Aviation Day. 151a. December seventeenth as Pan American Avia- legiance to American institutions. tion Day. (June 6, 1940, ch. 239, § 2, 54 Stat. 232.) 152. Repealed. 153. Citizenship Day; designation; proclamation; § 140b. Powers of corporation observance. 154. Address to newly naturalized citizens. The corporation (a) shall have perpetual suc- 155. National Disability Employment Awareness cession; (b) may charge and collect membership Month. dues and receive contributions of money or 155a. President’s Committee on Employment of property to be devoted to carrying out the pur- People With Disabilities; authorization of poses of the organization; (c) may sue or be appropriations. sued; (d) may adopt a corporate seal and alter it 155b. Acceptance of voluntary services, gifts, de- at pleasure; (e) may adopt and alter bylaws not vises, bequests, etc., by President’s Com- mittee on Employment of People With Dis- inconsistent with the Constitution and laws of abilities. the United States or of any State; (f) may estab- 156. National Freedom Day. lish and maintain offices for the conduct of its 157. Flag Day; designation; proclamation; observ- business; (g) may appoint or elect officers and ance. agents; (h) may choose a board of trustees, con- 157a. National Flag Week. sisting of not more than fifteen persons nor less 157b. Honor America Days. than five persons, to conduct the business and 158. Stephen Foster Memorial Day. exercise the powers of the corporation; (i) may 159. Constitution Week; designation; proclamation; observance. acquire, by purchase, devise, bequest, gift, or 160. National Defense Transportation Day; procla- otherwise, and hold, encumber, convey, or other- mation; designation; observance. wise dispose of such real and personal property 161. National Safe Boating Week. as may be necessary or appropriate for its cor- 162. Loyalty Day. porate purposes; and (j) generally may do any 163. National Forest Products Week. and all lawful acts necessary or appropriate to 164. Law Day, U.S.A.; designation; proclamation; carry out the purposes for which the corporation observance. is created. 165. National Poison Prevention Week. 166. National Transportation Week. (June 6, 1940, ch. 239, § 3, 54 Stat. 233.) 167. Peace Officers Memorial Day. 168. National School Lunch Week. § 140c. Annual report 169. Wright Brothers Day. The corporation shall, on or before the 1st day 169a. Save Your Vision Week. 169b. American Heart Month. of December in each year, transmit to Congress 169c. Leif Erikson Day. 169d. White Cane Safety Day. 1 So in original. Probably should be ‘‘citizens’’. 169e. Steelmark Month. Page 49 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 140c

Sec. a better world for themselves and those that would fol- 169f. National Hispanic Heritage Month. low. As we enter America’s third century, let us emu- 169g. Memorial Day as day of prayer for permanent late in word and deed, their resolve and vision. peace. NOW, THEREFORE, I, GERALD R. FORD, President 169h. National Day of Prayer. of the United States of America, do hereby proclaim 169i. Carl Garner Federal Lands Cleanup Day; des- the year of our Lord nineteen hundred seventy-six as ignation, observation, etc. The Bicentennial Year. Let 1976 be a year of reflection, 169i–1. Federal participation in Carl Garner Federal a year of sharing, and foremost, a year of achievement. Lands Cleanup Day. I urge all Americans to reflect, from time to time (a) Federal land management agencies; during this Bicentennial Year, on the historic events of duties; definition. our past, on the heroic deeds of those whose legacy we (b) Objectives; cooperation with State, now enjoy, and on the compelling visions of those who county, and local agencies. helped shape our constitutional government. (c) Report to Congress. I call upon educators, clergy and labor, business and 169j. Martin Luther King, Jr., Federal legal holi- community leaders, as well as those in the communica- day. tions media, to review our history and publicize the 169j–1. Martin Luther King, Jr. Federal Holiday shaping events, people, and ideas of our historic begin- Commission. nings. 169j–2. Purposes of Martin Luther King, Jr. Federal I call upon every man, woman, and child to celebrate Holiday Commission. the diversity of tradition, culture and heritage that re- 169j–3. Membership of Martin Luther King, Jr. Fed- flects our people and our patrimony. Let each of us re- eral Holiday Commission. solve to cherish and protect what we have achieved in (a) Composition. the United States of America and to build upon it in (b) Political party. the years ahead, not by words alone, but by actions (c) Appointments; vacancies. which bespeak a continuing commitment to a heritage (d) Compensation. of individual initiative, creativity, and liberty. 169j–4. Operations of Martin Luther King, Jr. Fed- IN WITNESS WHEREOF, I have hereunto set my eral Holiday Commission. hand this thirty-first day of December, in the year of (a) Meetings. our Lord nineteen hundred and seventy-five, and of the (b) Donations. Independence of the United States of America the two 169j–5. Activities of Martin Luther King, Jr. Federal hundredth. Holiday Commission. GERALD R. FORD. (a) Director and staff. PROC. NO. 4934. ARMED FORCES DAY (b) Assistance and cooperation of Federal agencies. Proc. No. 4934, Apr. 16, 1982, 47 F.R. 16767, provided: (c) Restrictions on Commission activi- Each year we Americans set aside one day to honor ties. the brave and dedicated men and women of the Army, 169j–6. Authorization of appropriations. Navy, Air Force, Marine Corps and Coast Guard. They serve our nation with dignity, courage, and 169j–7. Commission report. pride in duty stations throughout the world. The peace (a) In general. we enjoy today reminds us of their important role. (b) Analysis required. NOW, THEREFORE, I, RONALD REAGAN, President 169j–8. Continuation of existence of Martin Luther of the United States of America and Commander in King, Jr. Federal Holiday Commission. Chief of the Armed Forces of the United States, con- 169j–9. Limitations on spending. tinuing the precedent of my seven immediate prede- 169j–10. Accounting procedures. cessors in this Office, do hereby proclaim the third Sat- 169k. Asian/Pacific American Heritage Month. urday of each May as Armed Forces Day. (a) Designation. I direct the Secretary of Defense on behalf of the (b) Federal proclamation. Army, the Navy, the Air Force, and the Marine Corps, (c) State proclamations. and the Secretary of Transportation on behalf of the (d) ‘‘State’’ defined. Coast Guard, to plan for appropriate observances each 169l. National Pearl Harbor Remembrance Day. year, with the Secretary of Defense responsible for so- 169m. National Korean War Veterans Armistice liciting the participation and cooperation of civil au- Day. thorities and private citizens. PROC. NO. 4411. THE BICENTENNIAL YEAR I invite the Governors of the States, the Common- wealth of Puerto Rico, and other areas subject to the Proc. No. 4411, Dec. 31, 1975, 41 F.R. 1035, provided: jurisdiction of the United States, to provide for the ob- In the year 1776, the people of our land dedicated servance of Armed Forces Day within their jurisdiction themselves in word and deed to the principles of lib- each year in an appropriate manner designed to in- erty, equality, individual dignity, and representative crease public understanding and appreciation of the government. It was a hectic but heroic beginning of a Armed Forces of the United States. process which led to the creation of a great Republic I also invite national and local veterans, civic and symbolizing then, as it does today, the hope of the fu- other organizations to join in the observance of Armed ture. Forces Day each year. The year 1776 was a year of revolution, not merely in I call upon all Americans not only to display the flag the rejection of colonial rule, but in the thoughtful, el- of the United States at their homes on Armed Forces oquent, and enduring expression of a government to Day, but also to learn about our system of defense, and foster and perpetuate the development of a free and about the men and women who sustain it, by attending independent people. and participating in the local observances of the day. Now, two hundred years later, we have settled our Proclamation 4571 of May 15, 1978, is hereby super- continent and turned our vision to the limits of the seded. universe. We are the richest nation in the world—rich IN WITNESS WHEREOF, I have hereunto set my in our resources, rich in our creativity, rich in our hand this 16th day of April, in the year of our Lord strength, and rich in our people—from our Native nineteen hundred and eighty-two and of the Independ- Americans to those who have come from every country ence of the United States of America the two hundred on earth to share in the hope, the work, and the spirit and sixth. of our Republic. RONALD REAGAN. The challenges faced by our forebears were not only to their physical capabilities but also to their faith in PRIOR PROCLAMATIONS the future. Their response to these challenges affirmed Proc. No. 3172, Mar. 6, 1957, 22 F.R. 1427, which pro- their deep belief that by their actions they could create claimed Armed Forces Day as third Saturday of May in § 140c TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 50 each year, was superseded by Proc. No. 3655, May 7, (19) General Services Administration. 1965, 30 F.R. 6467. At the Director’s discretion, the Director may request Proc. No. 3399, Mar. 22, 1961, 26 F.R. 2501, which pro- other agencies to be represented on the Council. claimed Armed Forces Day, was superseded by Proc. (c) The mission of the Council is to lead the country No. 3655, May 7, 1965, 30 F.R. 6467. in a celebration of the new millennium by initiating Proc. No. 3655, May 7, 1965, 30 F.R. 6467, which pro- and recognizing national and local projects that con- claimed Armed Forces Day as third Saturday of May in tribute in educational, creative, and productive ways to each year, was superseded by Proc. No. 4276, Mar. 21, America’s commemoration of this historic time. To 1974, 39 F.R. 10877. these ends, the Council shall: Proc. No. 4276, Mar. 21, 1974, 39 F.R. 10877, which pro- (1) Mark the 200th anniversary of the occupancy of claimed Armed Forces Day as third Saturday of May in the White House by American Presidents, the 200th an- each year, was superseded by Proc. No. 4357, Mar. 25, niversary of the establishment of the Federal capital 1975, 40 F.R. 13293. city in Washington, D.C., and the 200th anniversary of Proc. No. 4357, Mar. 25, 1975, 40 F.R. 13293, which pro- the first meeting of the Congress in the Capitol, cele- claimed Armed Forces Day as third Saturday of May in brating these events in the year 2000 as milestones in each year was superseded by Proc. No. 4492, Mar. 22, our democratic system of government; 1977, 42 F.R. 15889. (2) Plan events to recognize the history and past ac- Proc. No. 4492, Mar. 22, 1977, 42 F.R. 15889, which pro- complishments of America that reflect upon the claimed Armed Forces Day as third Saturday of May in present forces shaping society and that encourage each year, was superseded by Proc. No. 4571, May 15, thoughtful planning for the future; 1978, 43 F.R. 21313. (3) Produce informational and resource materials to Proc. No. 4571, May 15, 1978, 43 F.R. 21313, which pro- educate the American people concerning our Nation’s claimed Armed Forces Day as third Saturday of May in past and to inspire thought concerning the future; each year, was superseded by Proc. No. 4934, Apr. 16, (4) Encourage communities and citizens to initiate 1982, 47 F.R. 16767. and to participate in local projects that inspire Ameri- EX. ORD. NO. 13072. WHITE HOUSE MILLENNIUM COUNCIL cans to remember their past achievements, understand the present challenges to society, and make concrete Ex. Ord. No. 13072, Feb. 2, 1998, 63 F.R. 6041, provided: contributions to the next generations of their families, By the authority vested as me as President by the communities, and country; Constitution and the laws of the United States of America, and in order to announce the formation of a (5) Work with Federal agencies, the Congress, elected Council to recognize national and local projects that officials, and all citizens to plan activities and pro- commemorate the millennium, it is hereby ordered as grams that will unite the American people in con- follows: templation and celebration of the next century and the new millennium; SECTION 1. Policy. The White House, the Department of Education, and all executive branch agencies shall (6) Make recommendations to the Secretary of the In- lead the country in a national and educational celebra- terior regarding the provision of assistance from funds tion of our culture, democracy, and citizenry. The Fed- made available for Save America’s Treasures in the eral Government has a special responsibility to inspire Historic Preservation Fund to public and private enti- the American people to reflect upon and commemorate ties that are protecting America’s threatened cultural the achievements of this country’s past and to cele- treasures. These treasures include significant docu- brate the possibilities of the future. To carry forward ments, works of art, maps, journals, and historic struc- this country’s great democratic tradition and enrich tures that document and illuminate the history and the lives of our children and the children of the 21st culture of the United States; century, the Federal Government shall encourage (7) Encourage Federal agencies to develop programs Americans to make plans to mark the new millennium to commemorate and celebrate the new millennium in in communities across America. By leading this coun- ways consistent with their individual agency missions try in a grand educational celebration of the past and and that advance a more unified America in the 21st future, the Federal Government has an unprecedented century; opportunity to energize and unite the Nation with a re- (8) Encourage Federal agencies, through local newed sense of optimism in the accomplishments and branches and offices, to reach out into communities promise of America. and inspire citizens to participate in grassroots activi- SEC. 2. White House Millennium Council. (a) To enable ties and to give permanent gifts to the future; the White House, the Department of Education, and ex- (9) Work in partnership with private-sector and non- ecutive branch agencies to provide national leadership profit entities that initiate productive and worthwhile in this historic time, I hereby announce the formation national and community-based efforts to commemorate of the White House Millennium Council. the new millennium and encourage citizen participa- (b) The White House Millennium Council shall be tion, volunteerism, and philanthropy; composed of a Director, Deputy Director, administra- (10) Highlight public and private millennium initiative staff, and a representative from each of the follow- tives that promote the goals of the Council; and ing: (11) Cooperate with other nations that are planning (1) Department of State; millennium events to expand the opportunities for (2) Department of the Treasury; international communication and understanding. (3) Department of Defense; SEC. 3. Administration. To the extent permitted by (4) Department of Justice; law, the heads of executive departments and agencies (5) Department of the Interior; shall provide such information and assistance as may (6) Department of Agriculture; be necessary for the Council to carry out its functions. (7) Department of Commerce; SEC. 4. Judicial Review. This order does not create any (8) Department of Labor; right or benefit, substantive or procedural, enforceable (9) Department of Health and Human Services; at law by a party against the United States, its agen- (10) Department of Housing and Urban Develop- cies, its officers, or any other person. ment; (11) Department of Transportation; WILLIAM J. CLINTON. (12) Department of Energy; (13) Department of Education; CROSS REFERENCES (14) Department of Veterans Affairs; (15) Environmental Protection Agency; Legal holidays, see section 6103 of Title 5, Govern- (16) Office of Management and Budget; ment Organization and Employees. (17) Small Business Administration; Occasions for display of flag, see section 174 of this (18) United States Information Agency; and title. Page 51 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 146

§ 141. Display of flag on buildings on second Sun- of recognizing, uplifting, and supporting the role day in May of parents in the rearing of their children. The President of the United States is author- (Pub. L. 103–362, § 2, Oct. 14, 1994, 108 Stat. 3465.) ized and requested to issue a proclamation calling upon the Government officials to display the § 143. First Monday in October designated as United States flag on all Government buildings, Child Health Day and the people of the United States to display The President of the United States is author- the flag at their homes or other suitable places, ized and requested to issue annually a proclama- on the second Sunday in May, as a public ex- tion setting apart the first Monday in October of pression of our love and reverence for the moth- each year as Child Health Day and inviting all ers of our country. agencies and organizations interested in child (May 8, 1914, No. 13, § 1, 38 Stat. 771.) welfare to unite upon that day in the observance of such exercises as will awaken the people of CROSS REFERENCES the Nation to the fundamental necessity of a Legal holidays, see section 6103 of Title 5, Govern- year-round program for the protection and de- ment Organization and Employees. velopment of the health of the Nation’s chil- Occasions for display of flag, see section 174 of this dren. title. (May 18, 1928, ch. 643, 45 Stat. 617; Sept. 22, 1959, § 142. Second Sunday in May designated as Moth- Pub. L. 86–352, 73 Stat. 627.) er’s Day AMENDMENTS The second Sunday in May shall hereafter be 1959—Pub. L. 86–352 substituted ‘‘the first Monday in designated and known as Mother’s Day, and it October’’ for ‘‘May 1’’. shall be the duty of the President to request its observance as provided for in this resolution. EFFECTIVE DATE OF 1959 AMENDMENT (May 8, 1914, No. 13, § 2, 38 Stat. 771.) Pub. L. 86–352 provided in part that amendment by Pub. L. 86–352 should be effective Jan. 1, 1960. § 142a. Third Sunday in June designated as Fa- ther’s Day; display of flags on buildings; ob- § 144. Transferred servance CODIFICATION The third Sunday in June of each year is here- Section, act Mar. 3, 1931, ch. 436, 46 Stat. 1508, which by designated as ‘‘Father’s Day’’. The President designated ‘‘The Star-Spangled Banner’’ as the na- is authorized and requested to issue a proclama- tional anthem of the United States, was transferred to tion calling on the appropriate Government offi- section 170 of this title. cials to display the flag of the United States on all Government buildings on such day, inviting § 145. May twenty-second designated as National the governments of the States and communities Maritime Day and the people of the United States to observe May 22 of each year shall hereafter be des- such day with appropriate ceremonies, and urg- ignated and known as National Maritime Day, ing our people to offer public and private expres- and the President is authorized and requested sions of such day to the abiding love and grati- annually to issue a proclamation calling upon tude which they bear for their fathers. the people of the United States to observe such (Pub. L. 92–278, Apr. 24, 1972, 86 Stat. 124.) National Maritime Day by displaying the flag at their homes or other suitable places and Govern- § 142b. National Grandparents Day; proclama- ment officials to display the flag on all Govern- tion, designation; observance ment buildings on May 22 of each year. The President is authorized and requested to (May 20, 1933, ch. 36, 48 Stat. 73.) issue a proclamation designating the first Sun- CROSS REFERENCES day of September after Labor Day as ‘‘National Grandparents Day’’, and calling upon the people Occasions for display of flag, see section 174 of this of the United States and interested groups and title. organizations to observe such day with appro- § 146. Second Monday in October as Columbus priate ceremonies and activities. Day (Pub. L. 96–62, Sept. 6, 1979, 93 Stat. 410.) The President of the United States is author- § 142c. Parents’ Day; establishment ized and requested to issue a proclamation designating the second Monday in October of each The fourth Sunday of every July shall be es- year as Columbus Day and calling upon officials tablished as ‘‘Parents’ Day’’ to be recognized as of the Government to display the flag of the a recurring, perennial day of commemoration. United States on all Government buildings on (Pub. L. 103–362, § 1, Oct. 14, 1994, 108 Stat. 3465.) said date and inviting the people of the United States to observe the day in schools and church- § 142c–1. Recognition of Parents’ Day es, or other suitable places, with appropriate ceremonies expressive of the public sentiment All private citizens, organizations, and gov- befitting the anniversary of the discovery of ernmental and legislative bodies at the local, America. State, and Federal level are encouraged to recognize Parents’ Day through proclamations, ac- (Apr. 30, 1934, ch. 184, 48 Stat. 657; June 28, 1968, tivities, and educational efforts in furtherance Pub. L. 90–363, § 1(b), 82 Stat. 250.) § 147 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 52

CODIFICATION for establishment of Thomas Jefferson Commemoration References to the second Monday in October were Commission, a 21-member commission appointed by substituted for references to October 12, effective Jan. President, which was to plan, develop, and coordinate 1, 1971, pursuant to section 1(b) of Pub. L. 90–363 which programs and activities to commemorate the 250th an- is set out as a note captioned ‘‘References in Laws of niversary of birth of Thomas Jefferson, to honor histor- the United States to Observances of Legal Public Holi- ical locations associated with life of Thomas Jefferson, days’’ under section 6103 of Title 5, Government Organi- and to award medals and certificates to individuals and zation and Employees. organizations that have significantly contributed to preservation of Jefferson’s professional accomplish- CHRISTOPHER COLUMBUS QUINCENTENARY JUBILEE ACT ments. Commission to submit a final report to Presi- Pub. L. 98–375, Aug. 7, 1984, 98 Stat. 1257, as amended dent and to Congress no later than Dec. 31, 1994, and to by Pub. L. 100–94, Aug. 18, 1987, 101 Stat. 700, provided terminate not later than 60 days following that date. for creation of Christopher Columbus Quincentenary Jubilee Commission, a 30-member commission ap- BICENTENNIAL CELEBRATION OF BIRTH OF JEFFERSON pointed by the President, which was to prepare a com- The Thomas Jefferson Bicentennial Commission was prehensive program for commemorating the created by act Sept. 24, 1940, ch. 730, 54 Stat. 960, and quincentennial of the voyages of discovery of Columbus vested with authority to make plans for the celebration and to plan, encourage, coordinate, and conduct observ- in 1943 of the two-hundredth anniversary of the birth of ances and activities. The Commission would submit a Thomas Jefferson, and these powers were further ex- final report to Congress no later than Dec. 31, 1993, and tended by act July 30, 1942, ch. 537, 56 Stat. 728. would terminate as of that date. The National Agricultural Jefferson Bicentenary CROSS REFERENCES Committee was created and appointed to carry out appropriate exercises in recognition of Jefferson’s con- Occasions for display of flag, see section 174 of this tributions to the farmers and the agriculture of the Na- title. tion by act Dec. 3, 1943, ch. 333, 57 Stat. 595.

§ 147. Display of flag on buildings on last Sunday CROSS REFERENCES in September Occasions for display of flag, see section 174 of this The President of the United States is author- title. ized and requested to issue a proclamation calling upon the Government officials to display the § 150. April as Cancer Control Month United States flag on all Government buildings, The President of the United States is author- and the people of the United States to display ized and requested to issue annually a proclama- the flag and to hold appropriate meetings at tion setting apart the month of April of each their homes, churches, or other suitable places, year as Cancer Control Month and to invite anon the last Sunday in September, as a public ex- nually the Governors of the several States and pression of the love, sorrow, and reverence of Territories and possessions of the United States the people of the United States for the American to issue proclamations for like purposes. It is re- Gold Star Mothers. quested that such proclamations invite the med- (June 23, 1936, ch. 736, § 1, 49 Stat. 1895.) ical profession, the press, and all agencies and CROSS REFERENCES individuals interested in a national program for the control of the disease of cancer by education Occasions for display of flag, see section 174 of this title. and other cooperative means to unite during the month in a public dedication to such a program SECTION REFERRED TO IN OTHER SECTIONS and in a concerted effort to impress upon the This section is referred to in section 148 of this title. people of the Nation the necessity of such a program. § 148. Last Sunday in September designated as Gold Star Mother’s Day (Mar. 28, 1938, ch. 56, 52 Stat. 148.) The last Sunday in September shall be des- § 151. August nineteenth as National Aviation ignated and known as ‘‘Gold Star Mother’s Day Day’’, and it shall be the duty of the President to request its observance as provided for in sec- The President of the United States is author- tion 147 of this title. ized to designate August 19 of each year as Na- tional Aviation Day, and to issue a proclama- (June 23, 1936, ch. 736, § 2, 49 Stat. 1895.) tion calling upon officials of the Government to § 149. April thirteenth for commemoration of display the flag of the United States on all Gov- Thomas Jefferson’s birth ernment buildings on that day, and inviting the people of the United States to observe the day The President of the United States of America with appropriate exercises to further and stimu- is authorized and directed to issue a proclama- late interest in aviation in the United States. tion calling upon officials of the Government to display the flag of the United States on all Gov- (May 11, 1939, ch. 123, 53 Stat. 739.) ernment buildings on April 13 of each year, and CROSS REFERENCES inviting the people of the United States to observe the day in schools and churches, or other Occasions for display of flag, see section 174 of this suitable places, with appropriate ceremonies in title. commemoration of the birth of Thomas Jeffer- § 151a. December seventeenth as Pan American son. Aviation Day (Aug. 16, 1937, ch. 666, 50 Stat. 668.) The President of the United States is author- THOMAS JEFFERSON COMMEMORATION COMMISSION ized to designate December 17 of each year as Pub. L. 102–343, Aug. 17, 1992, 106 Stat. 915, as amended Pan American Aviation Day and to issue a proc- by Pub. L. 103–191, Dec. 14, 1993, 107 Stat. 2291, provided lamation calling upon all officials of the Gov- Page 53 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 155a ernment, Governors of the fifty States, our pos- continuous effort to dignify and emphasize the sessions, and all citizens to participate in the significance of citizenship. observance of this day to further and stimulate (Feb. 29, 1952, ch. 49, § 2, 66 Stat. 10.) interest in aviation in the American countries as an important stimulus to the further develop- PRIOR PROVISIONS ment of more rapid communications and a cul- Similar provisions were contained in act May 3, 1940, tural development between the nations of the ch. 183, § 2, 54 Stat. 178, which was classified to section Western Hemisphere. 727a of Title 8, Aliens and Nationality, prior to repeal by act Feb. 29, 1952. (Oct. 10, 1940, ch. 840, 54 Stat. 1093.) CROSS REFERENCES CODIFICATION Citizenship clause, see Const. Amend. 14, § 1. The term ‘‘fifty States’’ was in the original ‘‘forty- eight States’’ and has been editorially substituted to § 155. National Disability Employment Awareness reflect the admission into statehood of Alaska and Ha- Month waii. Hereafter the month of October in each year § 152. Repealed. Feb. 29, 1952, ch. 49, § 3, 66 Stat. shall be designated as National Disability Em- 10 ployment Awareness Month. During such month appropriate ceremonies shall be held throughout Section, act May 3, 1940, ch. 183, § 1, 54 Stat. 178, designated 3d Sunday in May as Citizenship Day. See sec- the Nation, the purposes of which will be to en- tions 153 and 154 of this title. list public support for and interest in the employment of otherwise qualified but workers § 153. Citizenship Day; designation; proclama- with disabilities. tion; observance The President is hereby requested to issue a suitable proclamation each year, and the Gov- The 17th day of September of each year is des- ernors of States, mayors of cities, and heads of ignated as ‘‘Citizenship Day’’ in commemoration other instrumentalities of government, as well of the formation and signing, on September 17, as leaders of industry, educational and religious 1787, of the Constitution of the United States groups, labor, veterans, women, farm, scientific and in recognition of all who, by coming of age and professional, and all other organizations and or by naturalization have attained the status of individuals at interest are invited to partici- citizenship, and the President of the United pate. States is authorized to issue annually a proclamation calling upon officials of the Government (Aug. 11, 1945, ch. 363, 59 Stat. 530; Oct. 8, 1970, to display the flag of the United States on all Pub. L. 91–442, 84 Stat. 914; Nov. 7, 1988, Pub. L. Government buildings on such day, and inviting 100–630, title III, § 301(a), 102 Stat. 3315.) the people of the United States to observe the AMENDMENTS day in schools and churches, or other suitable places, with appropriate ceremonies. 1988—Pub. L. 100–630 substituted ‘‘the month of Octo- ber in’’ for ‘‘the first week in October of’’, ‘‘National The civil and educational authorities of Disability Employment Awareness Month’’ for ‘‘Na- States, counties, cities, and towns be, and they tional Employ the Handicapped Week’’, ‘‘such month’’ are, urged to make plans for the proper observ- for ‘‘such week’’, and ‘‘workers with disabilities’’ for ance of this day and for the full instruction of ‘‘handicapped workers’’. citizens in their responsibilities and opportuni- 1970—Pub. L. 91–442 changed the designation ‘‘Na- ties as citizens of the United States and of the tional Employ the Physically Handicapped Week’’ to States and localities in which they reside. ‘‘National Employ the Handicapped Week’’ and changed Nothing herein shall be construed as changing, the purposes from enlisting public support for and interest in the employment of otherwise qualified but or attempting to change, the time or mode of physically handicapped workers to enlisting public sup- any of the many altogether commendable ob- port for and interest in the employment of otherwise servances of similar nature now being held from qualified but handicapped workers. time to time, or periodically, but, to the contrary, such practices are praised and encour- § 155a. President’s Committee on Employment of aged. People With Disabilities; authorization of appropriations (Feb. 29, 1952, ch. 49, § 1, 66 Stat. 9.) In order to effectuate the purposes of National CROSS REFERENCES Disability Employment Awareness Month and in Citizenship clause, see Const. Amend. 14, § 1. order to enable the President to provide the Occasions for display of flag, see section 174 of this President’s Committee on Employment of Peo- title. ple With Disabilities with adequate personnel to assist in its activities, and otherwise to provide § 154. Address to newly naturalized citizens the committee with the means of carrying out a Either at the time of the rendition of the de- program to promote the employment of persons cree of naturalization or at such other time as with disabilities, by creating Nationwide inter- the judge may fix, the judge or someone des- est in the rehabilitation and employment of ignated by him shall address the newly natural- such persons and by obtaining and maintaining ized citizen upon the form and genius of our cooperation from all public and private groups Government and the privileges and responsibil- in the field, there is hereby authorized to be ap- ities of citizenship; it being the intent and pur- propriated for each of the fiscal years 1993, 1994, pose of this section to enlist the aid of the judi- 1995, 1996, and 1997, such sums as may be nec- ciary, in cooperation with civil and educational essary to be expended in such manner and by authorities, and patriotic organizations in a such agencies as the President may direct, for § 155b TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 54 the work of the President’s Committee on Em- sonal, or mixed, tangible or nontangible, re- ployment of People With Disabilities. ceived by gift, devise, bequest, or otherwise. (July 11, 1949, ch. 302, § 1, 63 Stat. 409; Aug. 3, (July 11, 1949, ch. 302, § 2, as added Nov. 7, 1988, 1954, ch. 655, § 5, 68 Stat. 665; Sept. 13, 1960, Pub. Pub. L. 100–630, title III, § 301(b)(3), 102 Stat. L. 86–772, 74 Stat. 913; June 24, 1964, Pub. L. 3316.) 88–321, 78 Stat. 221; Nov. 8, 1965, Pub. L. 89–333, § 14, 79 Stat. 1294; July 7, 1968, Pub. L. 90–391, § 14, § 156. National Freedom Day 82 Stat. 306; Oct. 21, 1986, Pub. L. 99–506, title IX, The President of the United States is author- § 902, 100 Stat. 1841; Nov. 7, 1988, Pub. L. 100–630, ized to issue a proclamation designating the 1st title III, § 301(b)(1), (2), 102 Stat. 3316; June 6, day of February of each year as National Free- 1991, Pub. L. 102–52, § 9(b), 105 Stat. 263; Oct. 29, dom Day for the purpose of commemorating the 1992, Pub. L. 102–569, title IX, § 914, 106 Stat. signing by President Abraham Lincoln, on Feb- 4488.) ruary 1, 1865, of the joint resolution adopted by

AMENDMENTS the Senate and the House of Representatives of the United States, proposing the thirteenth 1992—Pub. L. 102–569, § 914(3), which directed the sub- amendment to the Constitution of the United stitution of ‘‘for each of the fiscal years 1993, 1994, 1995, States of America. 1996, and 1997,’’ for ‘‘for each of the fiscal years 1987, 1988, 1989, 1990, and 1991,’’, was executed by making the (June 30, 1948, ch. 755, 62 Stat. 1150.) substitution for ‘‘for each of the fiscal years 1987, 1988, 1989, 1990, 1991, and 1992,’’, to reflect the probable intent § 157. Flag Day; designation; proclamation; ob- of Congress and the intervening amendment by Pub. L. servance 102–52. See 1991 amendment note below. Pub. L. 102–569, § 914(1), (2), and (4), substituted ‘‘per- The 14th day of June of each year is hereby sons with disabilities’’ for ‘‘handicapped persons’’ and designated as ‘‘Flag Day’’, and the President of ‘‘such persons’’ for ‘‘the handicapped’’ and struck out the United States is authorized and requested to at end ‘‘The President’s Committee on Employment of issue annually a proclamation calling upon offi- the Handicapped shall be guided by the general policies cials of the Government to display the flag of of the National Council on the Handicapped.’’ the United States on all Government buildings 1991—Pub. L. 102–52 substituted ‘‘1990, 1991, and 1992,’’ on such day, and urging the people to observe for ‘‘1990, and 1991,’’. 1988—Pub. L. 100–630 substituted ‘‘National Disability the day as the anniversary of the adoption on Employment Awareness Month’’ for ‘‘National Employ June 14, 1777, by the Continental Congress of the the Physically Handicapped Week’’ and substituted Stars and Stripes as the official flag of the ‘‘President’s Committee on Employment of People United States of America. With Disabilities’’ for ‘‘President’s Committee on Na- tional Employ the Physically Handicapped Week’’ in (Aug. 3, 1949, ch. 385, 63 Stat. 492.) two places. § 157a. National Flag Week 1986—Pub. L. 99–506 substituted ‘‘for each of the fiscal years 1987, 1988, 1989, 1990, and 1991, such sums as may The President is authorized and requested to be necessary’’ for ‘‘annually, out of any money in the issue annually a proclamation designating the Treasury not otherwise appropriated, not to exceed the week in which June 14 occurs as National Flag sum of $1,000,000’’ and inserted at end ‘‘The President’s Committee on Employment of the Handicapped shall be Week, and calling upon all citizens to display guided by the general policies of the National Council the flag of the United States on those days. on the Handicapped.’’ (Pub. L. 89–443, June 9, 1966, 80 Stat. 194.) 1968—Pub. L. 90–391 substituted ‘‘employment of handicapped persons’’ for ‘‘employment of physically § 157b. Honor America Days handicapped persons’’ and ‘‘$1,000,000’’ for ‘‘$500,000’’. 1965—Pub. L. 89–333 substituted ‘‘$500,000’’ for Congress declares the twenty-one days from ‘‘$400,000’’. Flag Day through Independence Day as a period 1964—Pub. L. 88–321 substituted ‘‘$400,000’’ for to honor America, and further declares that ‘‘$300,000’’. there be public gatherings and activities at 1960—Pub. L. 86–772 substituted ‘‘$300,000’’ for which the people of the United States can cele- ‘‘$225,000’’. brate and honor their country in an appropriate 1954—Act Aug. 3, 1954, substituted ‘‘$225,000’’ for ‘‘$75,000’’. manner. (Pub. L. 94–33, June 13, 1975, 89 Stat. 211.) EFFECTIVE DATE OF 1954 AMENDMENT Amendment by act Aug. 3, 1954, effective July 1, 1954, § 158. Stephen Foster Memorial Day see section 8 of act Aug. 3, 1954, set out as a note under section 49b of Title 29, Labor. The President of the United States is authorized to issue a proclamation designating Janu- § 155b. Acceptance of voluntary services, gifts, ary 13 of each year as Stephen Foster Memorial devises, bequests, etc., by President’s Com- Day, and calling upon the people throughout the mittee on Employment of People With Dis- United States to observe such day with appro- abilities priate ceremonies, pilgrimages to his shrines, and musical programs featuring his composi- The President’s Committee on Employment of tions. People With Disabilities may— (1) accept voluntary and uncompensated (Oct. 27, 1951, ch. 593, 65 Stat. 659.) services, notwithstanding the provisions of § 159. Constitution Week; designation; proclama- section 1342 of title 31; and tion; observance (2) in the name of the Committee, accept, employ, and dispose of, in furtherance of this The President of the United States is author- resolution, any money or property, real, per- ized and requested to designate the period begin- Page 55 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 166 ning September 17 and ending September 23 of day for the reaffirmation of loyalty to the each year as Constitution Week, and to issue an- United States of America and for the recogni- nually a proclamation inviting the people of the tion of the heritage of American freedom; and United States to observe such week in schools, the President of the United States is authorized churches, and other suitable places with appro- and requested to issue a proclamation calling priate ceremonies and activities. upon officials of the Government to display the (Aug. 2, 1956, ch. 875, 70 Stat. 932.) flag of the United States on all Government buildings on such day and inviting the people of § 160. National Defense Transportation Day; the United States to observe such day, in proclamation; designation; observance schools and other suitable places, with appro- The President of the United States is author- priate ceremonies. ized and requested annually to issue a proclama- (Pub. L. 85–529, July 18, 1958, 72 Stat. 369.) tion designating the third Friday of May of each year as National Defense Transportation Day, § 163. National Forest Products Week and urging the people of the United States, in- The seven-day period beginning on the third cluding labor, management, users, and inves- Sunday of October in each year is designated as tors, in all communities served by any of the National Forest Products Week, and the Presi- various forms of transportation by land, by sea, dent is requested to issue annually a proclama- and by air, to observe this occasion by appro- tion calling upon the people of the United States priate ceremonies which will give full recogni- to observe such week with appropriate cere- tion to the importance to each and every com- monies and activities. munity and the people thereof of our transportation system and the maintenance of its facili- (Pub. L. 86–753, Sept. 13, 1960, 74 Stat. 898.) ties in the most modern state of adequacy to § 164. Law Day, U.S.A.; designation; proclama- serve our needs in times of peace and in national tion; observance defense. (Pub. L. 85–32, May 16, 1957, 71 Stat. 30.) The first day of May of each year is hereby designated as Law Day, U.S.A. It is set aside as § 161. National Safe Boating Week a special day of celebration by the American people in appreciation of their liberties and the The President of the United States is author- reaffirmation of their loyalty to the United ized and requested to proclaim annually the States of America; of their rededication to the the 1 seven day period ending on the last Friday ideals of equality and justice under law in their before Memorial Day as ‘‘National Safe Boating relations with each other as well as with other Week’’. nations; and for the cultivation of that respect (Pub. L. 85–445, June 4, 1958, 72 Stat. 179; Pub. L. for law that is so vital to the democratic way of 96–376, § 9, Oct. 3, 1980, 94 Stat. 1510; Pub. L. life. 103–206, title III, § 318(a), Dec. 20, 1993, 107 Stat. The President of the United States is author- 2427.) ized and requested to issue a proclamation call- AMENDMENTS ing upon all public officials to display the flag of the United States on all government buildings 1993—Pub. L. 103–206 substituted ‘‘the seven day period ending on the last Friday before Memorial Day’’ on such day and inviting the people of the for ‘‘week commencing on the first Sunday in June’’. United States to observe such day with suitable 1980—Pub. L. 96–376 substituted authorization for ceremonies and other appropriate ways, through proclamation of a National Safe Boating Week com- public bodies and private organizations as well mencing on the first Sunday in June for prior author- as in schools and other suitable places. ization of such Week during week including July 4. (Pub. L. 87–20, Apr. 7, 1961, 75 Stat. 43.) EFFECTIVE DATE OF 1993 AMENDMENT Section 318(b) of Pub. L. 103–206 provided that: ‘‘This § 165. National Poison Prevention Week section [amending this section] is effective January 1, The President is authorized and requested to 1995.’’ issue annually a proclamation designating the RECITAL CLAUSES third week in March as National Poison Preven- Pub. L. 85–445 upon which this section is based con- tion Week, to aid in encouraging the American tained several ‘‘Whereas’’ clauses reading as follows: people to learn of the dangers of accidental poi- ‘‘Whereas our people in increasing numbers are tak- soning and to take such preventive measures as ing part in boating activities on the waters of our Na- are warranted by the seriousness of the danger. tion, with more than twenty million expected to participate during 1958; and (Pub. L. 87–319, Sept. 26, 1961, 75 Stat. 681.) ‘‘Whereas safety is essential for the full enjoyment of boating; and § 166. National Transportation Week ‘‘Whereas many lives can be spared and injuries and property damage avoided by safe boating practices; and The President of the United States is re- ‘‘Whereas it is proper and fitting that national atten- quested and authorized to officially proclaim an- tion should be focused on the need for safe boating nually the week in May of each year in which practices * * *.’’ falls the third Friday of that month as National § 162. Loyalty Day Transportation Week, and to issue a proclamation inviting the people of the United States to The 1st day of May of each year is designated observe such period with appropriate ceremonies as Loyalty Day and is to be set aside as a special and activities, as a tribute to the men and women who, night and day, move goods and peo- 1 So in original. ple throughout our land. § 167 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 56

(Pub. L. 87–449, May 14, 1962, 76 Stat. 69.) cies and individuals concerned with programs for the improvement of vision to unite during § 167. Peace Officers Memorial Day such week in public activities to impress upon The President is authorized and requested to the people of the United States the importance issue proclamations (1) designating May 15 of of vision to their own welfare and that of our each year as Peace Officers Memorial Day in country, and to urge their support of programs honor of the Federal, State, and municipal offi- to improve and protect the vision of Americans. cers who have been killed or disabled in the line (Pub. L. 88–242, Dec. 30, 1963, 77 Stat. 629.) of duty, (2) directing the officials of the Govern- ment to display at halfstaff the flag of the § 169b. American Heart Month United States on all Government buildings on The President of the United States is author- such day, as provided by section 175(m) of this ized and requested to issue annually a proclama- title, (3) designating in each year the calendar tion (1) designating February as American Heart week during which such May 15 occurs as Police Month, (2) inviting the Governors of the States Week, in recognition of the service given by the and territories of the United States to issue men and women who, night and day, stand guard proclamations for like purposes, and (3) urging in our midst to protect us through enforcement the people of the United States to give heed to of our laws, and (4) inviting the governments of the nationwide problem of the heart and blood the States and communities and the people of vessel diseases, and to support all essential pro- the United States to observe such day and week grams required to bring about its solution. with appropriate ceremonies and activities, including the display at halfstaff of the flag of the (Pub. L. 88–254, Dec. 30, 1963, 77 Stat. 843.) United States. § 169c. Leif Erikson Day (Pub. L. 87–726, Oct. 1, 1962, 76 Stat. 676; Pub. L. The President of the United States is author- 103–322, title XXXII, § 320922(a), Sept. 13, 1994, 108 ized to officially proclaim October 9 in each year Stat. 2131.) as Leif Erikson Day. AMENDMENTS (Pub. L. 88–566, Sept. 2, 1964, 78 Stat. 849.) 1994—Pub. L. 103–322 added cl. (2), redesignated former cls. (2) and (3) as (3) and (4), respectively, and in cl. (4), § 169d. White Cane Safety Day inserted ‘‘, including the display at halfstaff of the flag The President is hereby authorized to issue of the United States’’ after ‘‘activities’’. annually a proclamation designating October 15 § 168. National School Lunch Week as White Cane Safety Day and calling upon the people of the United States to observe such day The seven-day period beginning on the second with appropriate ceremonies and activities. Sunday of October in each year is designated as (Pub. L. 88–628, Oct. 6, 1964, 78 Stat. 1003.) National School Lunch Week, and the President is requested to issue annually a proclamation § 169e. Steelmark Month calling on the people of the United States to observe such week with appropriate ceremonies The month of May of each year is hereby des- and activities. ignated as ‘‘Steelmark Month’’ in recognition of the tremendous contribution made by the steel (Pub. L. 87–780, Oct. 9, 1962, 76 Stat. 779.) industry in the United States to the national security and defense of our country. The President § 169. Wright Brothers Day is requested to issue a proclamation calling The 17th day of December of each year is here- upon all people of the United States for the ob- by designated as ‘‘Wright Brothers Day’’, in servance of such month with appropriate pro- commemoration of the first successful flights in ceedings and ceremonies. a heavier than air, mechanically propelled air- (Pub. L. 89–703, Nov. 2, 1966, 80 Stat. 1099.) plane, which were made by Orville and Wilbur Wright on December 17, 1903, near Kitty Hawk, § 169f. National Hispanic Heritage Month North Carolina. The President is authorized and The President is hereby authorized and re- requested to issue annually a proclamation in- quested to issue annually a proclamation des- viting the people of the United States to observe ignating the 31-day period beginning September such day with appropriate ceremonies and ac- 15 and ending on October 15 as ‘‘National His- tivities. panic Heritage Month’’ and calling upon the (Pub. L. 88–209, Dec. 17, 1963, 77 Stat. 402.) people of the United States, especially the educational community, to observe such month § 169a. Save Your Vision Week with appropriate ceremonies and activities. The President of the United States is author- (Pub. L. 90–498, Sept. 17, 1968, 82 Stat. 848; Pub. ized and requested to issue annually a proclama- L. 100–402, § 1, Aug. 17, 1988, 102 Stat. 1012.) tion designating the first week in March of each year as ‘‘Save Your Vision Week’’, and inviting AMENDMENTS the Governors and mayors of State and local 1988—Pub. L. 100–402 substituted ‘‘31-day period begin- governments of the United States to issue simi- ning September 15 and ending on October 15’’ for ‘‘week lar proclamations. The President is further re- including September 15 and 16’’, ‘‘Heritage Month’’ for ‘‘Heritage Week’’, and ‘‘such month’’ for ‘‘such week’’. quested to consider including in such proclamation an invitation calling upon the press, radio, EFFECTIVE DATE OF 1988 AMENDMENT television, and other communications media, Section 2 of Pub. L. 100–402 provided that: ‘‘The the health care professions and all other agen- amendments made by section 1 [amending this section] Page 57 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 169i–1 shall take effect on January 1 of the first year begin- SHORT TITLE ning after the date of the enactment of this Act [Aug. Section 1 of Pub. L. 99–402 provided that: ‘‘This Act 17, 1988].’’ [enacting this section and section 169i–1 of this title § 169g. Memorial Day as day of prayer for perma- and provisions set out as a note below] may be cited as nent peace the ‘Federal Lands Cleanup Act of 1985’.’’ CONGRESSIONAL FINDINGS The President is authorized and requested to issue a proclamation calling upon the people of Section 2 of Pub. L. 99–402 provided that: ‘‘Congress the United States to observe each May 30, Me- finds that— ‘‘(1) Federal lands, parks, recreation areas, and morial Day, by praying, each in accordance with waterways provide recreational opportunities for mil- his religious faith, for permanent peace; des- lions of Americans each year; ignating a period during such day in which all ‘‘(2) the Federal lands administered by the several the people of the United States may unite in Federal land management agencies contain valuable prayer for a permanent peace; calling upon all wildlife, scenery, natural and historic features, and the people of the United States to unite in pray- other resources which may be damaged by litter and er at such time; and calling upon the news- misuse; ‘‘(3) it is in the best interest of our country and its papers, radio stations, and all other mediums of citizens to maintain and preserve the beauty, safety, information to join in observing such day and and availability of these Federal lands; period of prayer. ‘‘(4) these land management agencies have been (May 11, 1950, ch. 182, 64 Stat. 158.) designated as the caretakers of these Federal lands and have been given the responsibility for maintain- REFERENCES IN LAWS OF THE UNITED STATES TO ing and preserving these areas and facilities; OBSERVANCES OF LEGAL PUBLIC HOLIDAYS ‘‘(5) there is great value in volunteer involvement in maintaining and preserving Federal lands for rec- Reference to ‘‘May 30, Memorial Day’’ in text, consid- reational use; ered reference to the day for the observance of such ‘‘(6) the Federal land management agencies should holiday prescribed in section 6103(a) of Title 5, Govern- be concerned with promoting a sense of pride and ment Organization and Employees (the last Monday in ownership among citizens toward these lands; May), see section 1(b) of Pub. L. 90–363, set out as a note ‘‘(7) the use of citizen volunteers in a national under section 6103 of Title 5. cleanup effort promotes these goals and encourages § 169h. National Day of Prayer the thoughtful use of these Federal lands and facilities; The President shall set aside and proclaim the ‘‘(8) the positive impact of annual cleanup events first Thursday in May in each year as a National held at various recreation sites has already been Day of Prayer, on which the people of the United proven by steadily declining levels of litter at these sites; and States may turn to God in prayer and medita- ‘‘(9) a national program for cleaning and maintain- tion at churches, in groups, and as individuals. ing Federal lands using volunteers will save millions (Apr. 17, 1952, ch. 216, 66 Stat. 64; May 5, 1988, of tax dollars.’’ Pub. L. 100–307, 102 Stat. 456.) § 169i–1. Federal participation in Carl Garner CODIFICATION Federal Lands Cleanup Day Section was formerly classified to section 185 of this (a) Federal land management agencies; duties; title. definition AMENDMENTS (1) In order to observe Carl Garner Federal 1988—Pub. L. 100–307 substituted ‘‘the first Thursday Lands Cleanup Day at the Federal level, each in May in each year’’ for ‘‘a suitable day each year, Federal land management agency shall organize, other than a Sunday,’’. coordinate, and participate with citizen volunteers and State and local agencies in cleaning § 169i. Carl Garner Federal Lands Cleanup Day; and providing for the maintenance of Federal designation, observation, etc. public lands, recreation areas, and waterways The first Saturday after Labor Day of each within the jurisdiction of such agency. year is designated as ‘‘Carl Garner Federal (2) For purposes of this Act, the term ‘‘Federal Lands Cleanup Day’’. The President shall issue a land management agency’’ shall include— proclamation calling upon the people of the (A) the Forest Service of the Department of United States to observe Carl Garner Federal Agriculture; Lands Cleanup Day with appropriate cere- (B) the Bureau of Land Management of the monies, programs, and activities: Provided, how- Department of the Interior; ever, That the activities associated with Carl (C) the National Park Service of the Depart- Garner Federal Lands Cleanup Day may be ment of the Interior; undertaken in individual States on a day other (D) the Fish and Wildlife Service of the De- than the first Saturday after Labor Day if the partment of the Interior; (E) the Bureau of Reclamation of the De- affected Federal land managers determine that partment of the Interior; and because of climatological or other factors, an al- (F) the Army Corps of Engineers. ternative date is more appropriate. (b) Objectives; cooperation with State, county, (Pub. L. 99–402, § 3, Aug. 27, 1986, 100 Stat. 910; and local agencies Pub. L. 104–333, div. I, title VIII, § 806, Nov. 12, Each Federal land management agency shall 1996, 110 Stat. 4188.) plan for and carry out activities on Carl Garner AMENDMENTS Federal Lands National Cleanup Day 1 which— 1996—Pub. L. 104–333 substituted ‘‘Carl Garner Fed- eral Lands Cleanup Day’’ for ‘‘Federal Lands Cleanup 1 So in original. Probably should be ‘‘Carl Garner Federal Day’’ wherever appearing. Lands Cleanup Day’’. § 169j TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 58

(1) encourage continuing public and private REFERENCES IN TEXT sector cooperation in preserving the beauty Public Law 98–144, referred to in par. (1), is Pub. L. and safety of areas within the jurisdiction of 98–144, Nov. 2, 1983, 97 Stat. 917, which amended section such agency; 6103 of Title 5, Government Organization and Employ- (2) increase citizens’ sense of ownership and ees, and enacted provisions set out as a note under sec- community pride in such areas; tion 6103 of Title 5. For complete classification of this (3) reduce litter on Federal lands, along Act to the Code, see Tables. trails and waterways, and within such areas; AMENDMENTS and 1989—Par. (3). Pub. L. 101–30 struck out ‘‘first’’ before (4) maintain and improve trails, recreation ‘‘observance’’. areas, waterways and facilities. SHORT TITLE OF 1994 AMENDMENT Such activities shall be held in cooperation with appropriate State, county, and local government Pub. L. 103–304, § 1, Aug. 23, 1994, 108 Stat. 1565, pro- agencies. vided that: ‘‘This Act [enacting sections 169j–9 and 169j–10 of this title, amending sections 169j–2, 169j–3, and (c) Report to Congress 169j–5 to 169j–8 of this title and sections 4953, 5024, 12591, (1) Within ninety days following the first Carl 12602, 12615, 12619, 12622, 12651d, 12653, and 12655n of Title Garner Federal Lands Cleanup Day occurring 42, The Public Health and Welfare, and enacting provi- after August 27, 1986, each Federal land manage- sions set out as notes under section 169j–5 of this title and section 4953 of Title 42] may be cited as the ‘King ment agency shall provide a summary report to Holiday and Service Act of 1994’.’’ Congress briefly outlining the types of activities undertaken; the sites involved; the nature and SHORT TITLE OF 1989 AMENDMENT extent of the volunteer involvement; the cost Section 1 of Pub. L. 101–30 provided that: ‘‘This Act savings realized from the program and the over- [amending this section and sections 169j–2 to 169j–8 of all success of such agency in observing Carl Gar- this title and enacting provisions set out as notes ner Federal Lands Cleanup Day. under sections 169j–3 and 169j–8 of this title] may be (2) Such reporting requirements shall remain cited as the ‘Martin Luther King, Jr., Federal Holiday in effect for two years after the submission of Commission Extension Act’.’’ the first report. § 169j–1. Martin Luther King, Jr. Federal Holiday (Pub. L. 99–402, § 4, Aug. 27, 1986, 100 Stat. 911; Commission Pub. L. 104–333, div. I, title VIII, § 806, Nov. 12, There is established a commission to be 1996, 110 Stat. 4188.) known as the Martin Luther King, Jr. Federal REFERENCES IN TEXT Holiday Commission (hereinafter in this Act re- This Act, referred to in subsec. (a)(2), is Pub. L. ferred to as the ‘‘Commission’’). 99–402, Aug. 27, 1986, 100 Stat. 910, known as the Federal (Pub. L. 98–399, § 2, Aug. 27, 1984, 98 Stat. 1473.) Lands Cleanup Act of 1985, which enacted this section and section 169i of this title and provisions set out as REFERENCES IN TEXT notes under section 169i of this title. For complete clas- This Act, referred to in text, is Pub. L. 98–399, Aug. sification of this Act to the Code, see Short Title note 27, 1984, 98 Stat. 1473, as amended, which enacted sec- set out under section 169i of this title and Tables. tions 169j to 169j–10 of this title. For complete classi- AMENDMENTS fication of this Act to the Code, see Tables.

1996—Pub. L. 104–333 substituted ‘‘Carl Garner Fed- SECTION REFERRED TO IN OTHER SECTIONS eral Lands Cleanup Day’’ for ‘‘Federal Lands Cleanup Day’’ in section catchline and in subsecs. (a)(1) and (c). This section is referred to in title 42 section 12653. Subsec. (b). Pub. L. 104–333, which directed the amendment of this section by substituting ‘‘Carl Gar- § 169j–2. Purposes of Martin Luther King, Jr. ner Federal Lands Cleanup Day’’ for ‘‘Federal Lands Federal Holiday Commission Cleanup Day’’ wherever appearing, was executed in sub- The purposes of the Commission are— sec. (b) by making the substitution in text which read ‘‘Federal Lands National Cleanup Day’’, to reflect the (1) to encourage appropriate ceremonies and probable intent of Congress. activities (including service opportunities) throughout the United States relating to the § 169j. Martin Luther King, Jr., Federal legal holi- observance of the Federal legal holiday honor- day ing Martin Luther King, Jr., which occurs on The Congress finds that— the third Monday in January each year; and (1) January 20, 1986, marks the first observ- (2) to provide advice and assistance to Fed- ance of the Federal legal holiday, established eral, State, and local governments and to pri- by Public Law 98–144, honoring the birthday of vate organizations with respect to the observ- Martin Luther King, Jr.; ance of such holiday. (2) such holiday should serve as a time for (Pub. L. 98–399, § 3, Aug. 27, 1984, 98 Stat. 1473; Americans to reflect on the principles of racial Pub. L. 99–284, § 1(a), May 1, 1986, 100 Stat. 406; equality and nonviolent social change es- Pub. L. 101–30, § 2(b)(2), May 17, 1989, 103 Stat. 60; poused by Martin Luther King, Jr.; and Pub. L. 103–304, § 2(1), Aug. 23, 1994, 108 Stat. (3) it is appropriate for the Federal Govern- 1565.) ment to coordinate efforts with Americans of diverse backgrounds and with private organi- AMENDMENTS zations in the observance of the Federal legal 1994—Par. (1). Pub. L. 103–304 inserted ‘‘(including holiday honoring Martin Luther King, Jr. service opportunities)’’ after ‘‘activities’’. 1989—Par. (1). Pub. L. 101–30 substituted ‘‘occurs on (Pub. L. 98–399, § 1, Aug. 27, 1984, 98 Stat. 1473; the third Monday in January each year’’ for ‘‘first oc- Pub. L. 101–30, § 2(b)(1), May 17, 1989, 103 Stat. 60.) curs on January 20, 1986’’. Page 59 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 169j–5

1986—Par. (1). Pub. L. 99–284 substituted ‘‘the observ- away from their homes or regular places of busi- ance’’ and ‘‘which first occurs’’ for ‘‘the first observ- ness in the performance of services for the Com- ance’’ and ‘‘which occurs’’, respectively. mission. § 169j–3. Membership of Martin Luther King, Jr. (Pub. L. 98–399, § 4, Aug. 27, 1984, 98 Stat. 1473; Federal Holiday Commission Pub. L. 99–284, § 2, May 1, 1986, 100 Stat. 406; Pub. (a) Composition L. 101–30, §§ 3(a), 6(b)(1), May 17, 1989, 103 Stat. 60, 61; Pub. L. 103–304, § 2(2), Aug. 23, 1994, 108 Stat. The Commission shall be composed of— 1565.) (1) four officers from the executive branch, appointed by the President; AMENDMENTS (2) four Members of the House of Representa- 1994—Subsec. (a)(7). Pub. L. 103–304 added par. (7). tives, appointed by the Speaker of the House 1989—Subsec. (c). Pub. L. 101–30, § 3(a), amended sub- of Representatives in consultation with the sec. (c) generally. Prior to amendment, subsec. (c) read minority leader of the House of Representa- as follows: ‘‘Members shall be appointed for the life of tives; the Commission. Any vacancy in the Commission shall (3) four Senators, appointed by the President not affect its powers, but shall be filled in the manner pro tempore of the Senate in consultation in which the original appointment was made.’’ Subsec. (d). Pub. L. 101–30, § 6(b)(1), substituted ‘‘sub- with the majority and minority leaders of the ject to the availability of sufficient funds’’ for ‘‘subject Senate; to section 169j–6 of this title’’. (4) Coretta Scott King and two other mem- 1986—Subsec. (a)(6). Pub. L. 99–284 substituted ‘‘twen- bers of the family surviving Martin Luther ty-three’’ for ‘‘fourteen’’. King, Jr., appointed by such family; (5) two individuals representing the Martin CONTINUATION OF TERMS OF EXISTING MEMBERS Luther King, Jr. Center for Non-Violent Social Section 3(b) of Pub. L. 101–30 provided that: ‘‘The in- Change (a not-for-profit organization incor- dividuals who are members of the Commission on the porated in the State of Georgia), appointed by date of the enactment of this Act [May 17, 1989] shall be such organization; considered to have been appointed members for a term ending on the first June 1 that occurs after the date of (6) twenty-three individuals other than offi- the enactment of this Act (pursuant to section 4(a) of cers or employees of the United States or Public Law 98–399 (98 Stat. 1473) [36 U.S.C. 169j–3(a)] or Members of Congress, appointed by the mem- section 2(c) of this Act [set out as a note under section bers of the Commission under paragraphs (1) 169j–8 of this title], as appropriate).’’ through (5) of this subsection from among individuals representing diverse interest groups, § 169j–4. Operations of Martin Luther King, Jr. including individuals representing labor, busi- Federal Holiday Commission ness, civil rights, and religious groups, and en- (a) Meetings tertainers; and (7) the Chief Executive Officer of the Cor- The Commission shall first meet within 30 poration for National and Community Service, days after August 27, 1984. At this first meeting appointed under section 12651c of title 42. the Commission shall elect a chairperson from among its members and shall meet thereafter at (b) Political party the call of the chairperson. Not more than half of the members of the (b) Donations Commission appointed under each of paragraphs (2), (3), (5), and (6) of subsection (a) of this sec- The Commission may encourage the participation shall be of the same political party. tion of, and accept, use, and dispose of donations (c) Appointments; vacancies of money, property, and personal services from, individuals and public and private organizations (1) Except as provided in paragraphs (2) and to assist the Commission in carrying out its re- (3), members of the Commission shall be ap- sponsibilities under this Act. pointed not later than June 1 of each year for terms of 1 year, and any vacancy in the Commis- (Pub. L. 98–399, § 5, Aug. 27, 1984, 98 Stat. 1474; sion shall be filled in the manner in which the Pub. L. 101–30, § 7, May 17, 1989, 103 Stat. 61.) original appointment was made. Any vacancy in REFERENCES IN TEXT the Commission shall not affect its powers. (2) Coretta Scott King shall serve as a member This Act, referred to in subsec. (b), is Pub. L. 98–399, Aug. 27, 1984, 98 Stat. 1473, as amended, which enacted for life. In the event of a vacancy, her position sections 169j to 169j–10 of this title. For complete classi- on the Commission shall be filled by a member fication of this Act to the Code, see Tables. of the family surviving Martin Luther King, Jr., not already a member of the Commission, who AMENDMENTS shall be appointed by the family and shall serve 1989—Subsec. (c). Pub. L. 101–30 struck out subsec. (c) as a member of the Commission at the discre- which provided that Federal Advisory Committee Act tion of the family. did not apply to Commission. (3) The 2 members of the Commission appointed as members of the family surviving Mar- § 169j–5. Activities of Martin Luther King, Jr. tin Luther King, Jr., shall serve as members of Federal Holiday Commission the Commission at the discretion of the family. (a) Director and staff (d) Compensation The Commission may appoint a director and a Members of the Commission shall serve with- staff of not more than five persons, without re- out pay, but may, subject to the availability of gard to the provisions of title 5 governing ap- sufficient funds, be allowed travel expenses, in- pointments in the competitive service. Subject cluding per diem in lieu of subsistence, while to the availability of sufficient funds, the Com- § 169j–6 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 60 mission shall set the rates of pay for the direc- LIMITATION ON TERMS OF DETAIL tor and staff, except that the director may not Section 2(3)(C) of Pub. L. 103–304 provided that: ‘‘all be paid at a rate in excess of the rate of pay for Federal employees on loan to the King Commission on level IV of the Executive Schedule under section the day of enactment of this Act [Aug. 23, 1994] may re- 5315 of title 5, and no staff member may be paid main detailed to the Martin Luther King Holiday Com- at a rate in excess of the maximum rate of pay mission for not more than 365 days;’’. payable for grade GS–13 of such General Sched- § 169j–6. Authorization of appropriations ule. (b) Assistance and cooperation of Federal agen- There are authorized to be appropriated to cies carry out this Act— (1) $300,000 for fiscal year 1995; (1) Upon the request of the Commission, the (2) $350,000 for fiscal year 1996; head of any department or agency of the United (3) $400,000 for fiscal year 1997; States may detail, on a nonreimbursable basis, (4) $450,000 for fiscal year 1998; and any of the personnel of such department or (5) $500,000 for fiscal year 1999. agency to the Commission to assist it in carrying out its responsibilities under this Act. A per- (Pub. L. 98–399, § 7, Aug. 27, 1984, 98 Stat. 1474; son who has been detailed under the preceding Pub. L. 101–30, § 6(a), May 17, 1989, 103 Stat. 61; sentence for as many as 365 days (continuously Pub. L. 103–304, § 2(4), Aug. 23, 1994, 108 Stat. or intermittently) may not subsequently be de- 1565.) tailed to the Commission. REFERENCES IN TEXT (2) Each head of such department or agency is authorized to cooperate with and assist the This Act, referred to in text, is Pub. L. 98–399, Aug. 27, 1984, 98 Stat. 1473, as amended, which enacted sec- Commission in carrying out its responsibilities tions 169j to 169j–10 of this title. For complete classi- under this Act. fication of this Act to the Code, see Tables.

(c) Restrictions on Commission activities AMENDMENTS In carrying out the responsibilities of the 1994—Pub. L. 103–304 amended section generally. Prior Commission under this Act, the Commission to amendment, section read as follows: ‘‘There are au- shall not make any expenditures, or receive or thorized to be appropriated to carry out this Act utilize any assistance in the form of the use of $300,000 for fiscal year 1989 and each of the 4 succeeding office space, personnel, or any other assistance fiscal years.’’ authorized under subsection (b) of this section, 1989—Pub. L. 101–30 amended section generally. Prior for any of the following purposes— to amendment, section read as follows: ‘‘All expenditures of the Commission shall be made from donated (A) 1 training activities for the purpose of di- funds.’’ recting or encouraging— (i) the organization or implementation of § 169j–7. Commission report campaigns to protest social conditions, and (ii) any form of civil disobedience. (a) In general Not later than April 20 of each year, the Com- (Pub. L. 98–399, § 6, Aug. 27, 1984, 98 Stat. 1474; mission shall submit a report to the President Pub. L. 101–30, §§ 4, 6(b)(2), May 17, 1989, 103 Stat. and the Congress concerning its activities under 61; Pub. L. 103–304, § 2(3)(A), (B), Aug. 23, 1994, 108 this Act or under the National and Community Stat. 1565.) Service Act of 1990 [42 U.S.C. 12501 et seq.]. REFERENCES IN TEXT (b) Analysis required The provisions of title 5 governing appointments in The Commission shall include in its annual re- the competitive service, referred to in subsec. (a), are port— classified generally to section 3301 et seq. of Title 5, (1) a detailed description of all activities Government Organization and Employees. undertaken by the Commission; The General Schedule, referred to in subsec. (a), is set out under section 5332 of Title 5. (2) an analysis of the spending practices of This Act, referred to in subsecs. (b) and (c), is Pub. L. the Commission indicating how much of the 98–399, Aug. 27, 1984, 98 Stat. 1473, as amended, which funds of the Commission are dedicated to sala- enacted sections 169j to 169j–10 of this title. For com- ries, travel expenses, and other overhead costs plete classification of this Act to the Code, see Tables. and how much are dedicated to the stated goals of the Commission; and AMENDMENTS (3) a detailed description of any grants made 1994—Subsec. (a). Pub. L. 103–304, § 2(3)(A), substituted by the Corporation for National and Commu- ‘‘rate of pay for level IV of the Executive Schedule nity Service with the consultation of the Com- under section 5315’’ for ‘‘maximum rate of pay payable mission. for grade GS–18 of the General Schedule under section 5332’’. (Pub. L. 98–399, § 8, Aug. 27, 1984, 98 Stat. 1475; Subsec. (b)(1). Pub. L. 103–304, § 2(3)(B), inserted at end Pub. L. 99–284, § 1(b), May 1, 1986, 100 Stat. 406; ‘‘A person who has been detailed under the preceding Pub. L. 101–30, § 5, May 17, 1989, 103 Stat. 61; Pub. sentence for as many as 365 days (continuously or L. 103–304, § 2(5), Aug. 23, 1994, 108 Stat. 1566.) intermittently) may not subsequently be detailed to the Commission.’’ REFERENCES IN TEXT 1989—Subsec. (a). Pub. L. 101–30, § 6(b)(2), substituted ‘‘Subject to the availability of sufficient funds’’ for This Act, referred to in subsec. (a), is Pub. L. 98–399, ‘‘Subject to section 169j–6 of this title’’. Aug. 27, 1984, 98 Stat. 1473, as amended, which enacted Subsec. (c). Pub. L. 101–30, § 4, added subsec. (c). sections 169j to 169j–10 of this title. For complete classification of this Act to the Code, see Tables. The National and Community Service Act of 1990, re- 1 So in original. No subpar. (B) has been enacted. ferred to in subsec. (a), is Pub. L. 101–610, Nov. 16, 1990, Page 61 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 169l

104 Stat. 3127, as amended, which is classified prin- agents, shall have access to all records, files, cipally to chapter 129 (§ 12501 et seq.) of Title 42, The documents, and papers of the Commission, as Public Health and Welfare. For complete classification necessary, to accomplish such audits. of this Act to the Code, see Short Title note set out under section 12501 of Title 42 and Tables. (Pub. L. 98–399, § 11, as added Pub. L. 103–304, § 2(8), Aug. 23, 1994, 108 Stat. 1566.) AMENDMENTS 1994—Pub. L. 103–304 inserted section catchline and § 169k. Asian/Pacific American Heritage Month amended text generally. Prior to amendment, text read (a) Designation as follows: ‘‘Not later than April 20 of each year, the Commission shall submit a report to the President and May of each year is designated as ‘‘Asian/Pa- the Congress concerning its activities under this Act cific American Heritage Month’’. with respect to the most recent observance of the Fed- (b) Federal proclamation eral legal holiday honoring the birthday of Martin Lu- ther King, Jr.’’ The President is authorized and requested to 1989—Pub. L. 101–30 substituted ‘‘with respect to the issue annually a proclamation calling on the most recent observance of the Federal legal holiday people of the United States to observe the honoring the birthday of Martin Luther King, Jr.’’ for month designated in subsection (a) of this sec- period at end. tion with appropriate programs, ceremonies and 1986—Pub. L. 99–284 substituted ‘‘April 20 of each activities. year’’ for ‘‘April 20, 1986’’. (c) State proclamations § 169j–8. Continuation of existence of Martin Lu- The chief executive officer of each State is re- ther King, Jr. Federal Holiday Commission quested to issue annually a proclamation calling on the people of the State to observe the month The Commission shall continue in existence designated in subsection (a) of this section with until September 30, 1999. appropriate programs, ceremonies and activi- (Pub. L. 98–399, § 9, Aug. 27, 1984, 98 Stat. 1475; ties. Pub. L. 99–284, § 1(c), May 1, 1986, 100 Stat. 406; (d) ‘‘State’’ defined Pub. L. 101–30, § 2(a), May 17, 1989, 103 Stat. 60; For purposes of subsection (c) of this section, Pub. L. 103–304, § 2(6), Aug. 23, 1994, 108 Stat. the term ‘‘State’’ means any of the several 1566.) States, the District of Columbia, the Virgin Is- AMENDMENTS lands of the United States, the Commonwealth of Puerto Rico, Guam, American Samoa, the 1994—Pub. L. 103–304 substituted ‘‘September 30, 1999’’ for ‘‘April 20, 1994’’. Commonwealth of the Northern Mariana Is- 1989—Pub. L. 101–30 amended section generally, sub- lands, the Republic of the Marshall Islands, the stituting ‘‘continue in existence until April 20, 1994’’ for Federated States of Micronesia, and Palau. ‘‘cease to exist after April 20, 1989’’. (Pub. L. 102–450, § 2, Oct. 23, 1992, 106 Stat. 2251.) 1986—Pub. L. 99–284 substituted ‘‘after April 20, 1989’’ for ‘‘after submitting its report under section 169j–7 of CONGRESSIONAL FINDINGS this title’’. Section 1 of Pub. L. 102–450 provided that: ‘‘The Con- REESTABLISHMENT AFTER TERMINATION gress finds that— ‘‘(1) on May 7, 1843, the first Japanese immigrants Section 2(c) of Pub. L. 101–30 provided that: ‘‘If the came to the United States; date of the enactment of this Act [May 17, 1989] occurs ‘‘(2) on May 10, 1869, Golden Spike Day, the first on or after April 20, 1989, the Martin Luther King, Jr., transcontinental railroad in the United States was Federal Holiday Commission shall be reestablished on completed with significant contributions from Chi- the date of the enactment of this Act with the same nese pioneers; members and powers that the Commission had, as pro- ‘‘(3) in 1979, at Congress’ direction, the President vided in Public Law 98–399 (98 Stat. 1473) [enacting sec- proclaimed the week beginning on May 4, 1979, as tions 169j to 169j–8 of this title], on April 19, 1989 (sub- Asian/Pacific American Heritage Week, providing an ject to this Act and the amendments made by this Act opportunity for the people of the United States to [see Short Title of 1989 Amendment note set out under recognize the history, concerns, contributions, and section 169j of this title]).’’ achievements of Asian and Pacific Americans; ‘‘(4) in 1990, 1991 and 1992, Congress designated and § 169j–9. Limitations on spending the President proclaimed the month of May as Asian/ Pacific American Heritage Month; None of the funds appropriated or donated to ‘‘(5) nearly 8,000,000 people in the United States can the Commission may be used for the purpose of trace their roots to Asia and the islands of the Pa- purchasing first class air travel or first class cific; and hotel accommodations. ‘‘(6) Asian and Pacific Americans have contributed significantly to the development of the arts, sciences, (Pub. L. 98–399, § 10, as added Pub. L. 103–304, government, military, commerce, and education in § 2(7), Aug. 23, 1994, 108 Stat. 1566.) the United States.’’ § 169j–10. Accounting procedures § 169l. National Pearl Harbor Remembrance Day The Commission shall follow a comprehensive December 7 of each year is designated as ‘‘Na- basis of accounting, as defined by the Comptrol- tional Pearl Harbor Remembrance Day’’ and the ler General in B–255473. The Commission shall President is authorized and requested— establish an accounting system for review by (1) to issue annually a proclamation calling the Comptroller General under section 3512 of on the people of the United States to observe title 31. The Comptroller General is authorized the day with appropriate ceremonies and ac- to review and audit the Commission, its pro- tivities; and grams, activities, operations, and financial (2) to urge all Federal agencies, and inter- transactions. The Comptroller General, and his ested organizations, groups, and individuals, § 169m TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 62

to fly the flag of the United States at halfstaff Sec. each December 7 in honor of the individuals 182a to 184. Repealed. who died as a result of their service at Pearl 185. Transferred. 186. National motto. Harbor. 187. National floral emblem. (Pub. L. 103–308, Aug. 23, 1994, 108 Stat. 1669.) 188. National march. 189. Recognition of National League of Families RECITAL CLAUSES POW/MIA flag. Pub. L. 103–308 upon which this section is based con- 189a. Display of POW/MIA flag. tained several ‘‘Whereas’’ clauses reading as follows: (a) Required display. ‘‘Whereas, on December 7, 1941, the Imperial Japanese (b) Days for flag display. Navy and Air Force attacked units of the armed forces (c) Locations for flag display. of the United States stationed at Pearl Harbor, Hawaii; (d) Coordination with other display re- ‘‘Whereas more than 2,000 citizens of the United quirement. States were killed and more than 1,000 citizens of the (e) Display to be in a manner visible to United States were wounded in the attack on Pearl public. Harbor; (f) Limitation. ‘‘Whereas the attack on Pearl Harbor marked the (g) ‘‘POW/MIA flag’’ defined. entry of the United States into World War II; (h) Regulations for implementation. ‘‘Whereas the veterans of World War II and all other (i) Procurement and distribution of people of the United States commemorate December 7 flags. in remembrance of the attack on Pearl Harbor; and ‘‘Whereas commemoration of the attack on Pearl § 170. National anthem; Star-Spangled Banner Harbor will instill in all people of the United States a The composition consisting of the words and greater understanding and appreciation of the selfless sacrifice of the individuals who served in the armed music known as The Star-Spangled Banner is forces of the United States during World War II * * *.’’ designated the national anthem of the United States of America. § 169m. National Korean War Veterans Armistice Day (Mar. 3, 1931, ch. 436, 46 Stat. 1508.) July 27 of each year until the year 2003 is des- CODIFICATION ignated as ‘‘National Korean War Veterans Ar- Section was formerly classified to section 144 of this mistice Day’’, and the President is authorized title. and requested to issue a proclamation calling upon the people of the United States to observe § 171. Conduct during playing such day with appropriate ceremonies and ac- During rendition of the national anthem when tivities, and to urge the departments and agen- the flag is displayed, all present except those in cies of the United States and interested organi- uniform should stand at attention facing the zations, groups, and individuals to fly the Amer- flag with the right hand over the heart. Men not ican flag at half staff on July 27 of each year in uniform should remove their headdress with until the year 2003 in honor of the Americans their right hand and hold it at the left shoulder, who died as a result of their service in Korea. the hand being over the heart. Persons in uni- (Pub. L. 104–19, title II, § 2005, July 27, 1995, 109 form should render the military salute at the Stat. 247.) first note of the anthem and retain this position until the last note. When the flag is not dis- CHAPTER 10—PATRIOTIC CUSTOMS played, those present should face toward the music and act in the same manner they would if Sec. 170. National anthem; Star-Spangled Banner. the flag were displayed there. 171. Conduct during playing. (June 22, 1942, ch. 435, § 6, 56 Stat. 380; Dec. 22, 172. Pledge of allegiance to the flag; manner of de- 1942, ch. 806, § 6, 56 Stat. 1077; July 7, 1976, Pub. livery. 173. Display and use of flag by civilians; codifica- L. 94–344, § 1(18), 90 Stat. 812.) tion of rules and customs; definition. AMENDMENTS 174. Time and occasions for display. (a) Display on buildings and stationary 1976—Pub. L. 94–344 inserted requirement that during flagstaffs in open; night display. the rendition of the national anthem when the flag is (b) Manner of hoisting. displayed, all persons present except those in uniform (c) Inclement weather. should stand at attention, face the flag, and place the (d) Particular days of display. right hand over the heart and men with headdress (e) Display on or near administration should remove the headdress and hold it at the left building of public institutions. shoulder, the hand being over the heart and when the (f) Display in or near polling places. flag is not displayed, those present should face the (g) Display in or near schoolhouses. music and act in the same manner they would if the 175. Position and manner of display. flag were displayed. 176. Respect for flag. 1942—Act Dec. 22, 1942, substituted ‘‘all present 177. Conduct during hoisting, lowering or passing should face the flag and salute’’ for ‘‘the salute to the of flag. flag should be given’’ in last sentence. 178. Modification of rules and customs by Presi- SECTION REFERRED TO IN OTHER SECTIONS dent. 179. Design for service flag; persons entitled to This section is referred to in section 178 of this title. display flag. 180. Design for service lapel button; persons enti- § 172. Pledge of allegiance to the flag; manner of tled to wear button. delivery 181. Approval of designs by Secretary of Defense; license to manufacture and sell; penalties. The Pledge of Allegiance to the Flag, ‘‘I pledge 182. Rules and regulations. allegiance to the Flag of the United States of Page 63 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 174

America, and to the Republic for which it SECTION REFERRED TO IN OTHER SECTIONS stands, one Nation under God, indivisible, with This section is referred to in section 178 of this title. liberty and justice for all.’’, should be rendered by standing at attention facing the flag with the § 174. Time and occasions for display right hand over the heart. When not in uniform (a) Display on buildings and stationary flagstaffs men should remove their headdress with their in open; night display right hand and hold it at the left shoulder, the hand being over the heart. Persons in uniform It is the universal custom to display the flag should remain silent, face the flag, and render only from sunrise to sunset on buildings and on the military salute. stationary flagstaffs in the open. However, when a patriotic effect is desired, the flag may be dis- (June 22, 1942, ch. 435, § 7, 56 Stat. 380; Dec. 22, played twenty-four hours a day if properly illu- 1942, ch. 806, § 7, 56 Stat. 1077; Dec. 28, 1945, ch. minated during the hours of darkness. 607, 59 Stat. 668; June 14, 1954, ch. 297, 68 Stat. (b) Manner of hoisting 249; July 7, 1976, Pub. L. 94–344, § 1(19), 90 Stat. 813.) The flag should be hoisted briskly and lowered ceremoniously. AMENDMENTS (c) Inclement weather 1976—Pub. L. 94–344 inserted requirement that during rendition of the Pledge of Allegiance to the Flag, all The flag should not be displayed on days when persons should face the flag and men with headdress ex- the weather is inclement, except when an all cept those in uniform should remove their headdress weather flag is displayed. and hold it at the left shoulder, the hand being over the (d) Particular days of display heart. 1954—Act June 14, 1954, inserted ‘‘under God,’’ in the The flag should be displayed on all days, espe- pledge. cially on New Year’s Day, January 1; Inaugura- 1945—Act Dec. 28, 1945, inserted ‘‘The following is des- tion Day, January 20; Lincoln’s Birthday, Feb- ignated as’’, inserted the period after ‘‘justice for all.’’, ruary 12; Washington’s Birthday, third Monday and struck out ‘‘is rendered by standing with the right in February; Easter Sunday (variable); Mother’s hand over the heart.’’ in first sentence, and inserted Day, second Sunday in May; Armed Forces Day, sentence ‘‘Such pledge should be rendered by standing third Saturday in May; Memorial Day (half-staff with the right hand over the heart.’’ 1942—Act Dec. 22, 1942, struck out ‘‘extending the until noon), the last Monday in May; Flag Day, right hand, palm upward, toward the flag at the words June 14; Independence Day, July 4; Labor Day, ‘to the flag’ and holding this position until the end, first Monday in September; Constitution Day, when the hand drops to the side.’’ at end of first sen- September 17; Columbus Day, second Monday in tence. October; Navy Day, October 27; Veterans Day, SECTION REFERRED TO IN OTHER SECTIONS November 11; Thanksgiving Day, fourth Thurs- day in November; Christmas Day, December 25; This section is referred to in section 178 of this title. and such other days as may be proclaimed by § 173. Display and use of flag by civilians; codi- the President of the United States; the birth- fication of rules and customs; definition days of States (date of admission); and on State holidays. The following codification of existing rules (e) Display on or near administration building of and customs pertaining to the display and use of public institutions the flag of the United States of America is established for the use of such civilians or civilian The flag should be displayed daily on or near groups or organizations as may not be required the main administration building of every pub- to conform with regulations promulgated by one lic institution. or more executive departments of the Govern- (f) Display in or near polling places ment of the United States. The flag of the The flag should be displayed in or near every United States for the purpose of this chapter polling place on election days. shall be defined according to sections 1 and 2 of (g) Display in or near schoolhouses title 4 and Executive Order 10834 issued pursuant thereto. The flag should be displayed during school days in or near every schoolhouse. (June 22, 1942, ch. 435, § 1, 56 Stat. 377; Dec. 22, 1942, ch. 806, § 1, 56 Stat. 1074; July 7, 1976, Pub. (June 22, 1942, ch. 435, § 2, 56 Stat. 378; Dec. 22, L. 94–344, § 1(1), 90 Stat. 810.) 1942, ch. 806, § 2, 56 Stat. 1074; July 7, 1976, Pub. L. 94–344, § 1(2)–(5), 90 Stat. 810.) REFERENCES IN TEXT CODIFICATION This chapter, referred to in text, probably means chapter 435 of act June 22, 1942, 56 Stat. 380, which is ‘‘Veterans Day’’ substituted for ‘‘Armistice Day’’ in classified to sections 171 to 178 of this title. subsec. (d) to conform to the provisions of act June 1, Executive Order 10834, referred to in text, is Ex. Ord. 1954, ch. 250, 68 Stat. 168. See section 6103 of Title 5, No. 10834, Aug. 21, 1959, 24 F.R. 79, which is set out as Government Organization and Employees. a note under section 1 of Title 4, Flag and Seal, Seat of AMENDMENTS Government, and the States. 1976—Subsec. (a). Pub. L. 94–344, § 1(2), substituted AMENDMENTS provision permitting display of the flag for 24 hours a 1976—Pub. L. 94–344 inserted provisions defining ‘‘flag day to produce a patriotic effect if flag is properly illu- of the United States’’ for purposes of this chapter ac- minated during the hours of darkness, for provision cording to sections 1 and 2 of title 4 and Executive permitting night display of the flag upon special occa- Order 10834. sions when it is desired to produce a patriotic effect. 1942—Act Dec. 22, 1942, reenacted section without Subsec. (c). Pub. L. 94–344, § 1(3), inserted provision change. excepting display of all weather flag. § 175 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 64

Subsec. (d). Pub. L. 94–344, § 1(4), struck out ‘‘when of our first President and to recall the enduring ideals the weather permits’’ after ‘‘displayed on all days’’ and of our Nation. ‘‘Army Day, April 6’’ before ‘‘Easter Sunday’’, inserted As an expression of our rededication to the ideals of ‘‘Armed Forces Day, third Saturday in May’’, and sub- America and in accordance with the joint resolution of stituted ‘‘third Monday in February’’ for ‘‘February Congress of June 22, 1942 (56 Stat. 377), as amended by 22’’, ‘‘the last Monday in May’’ for ‘‘May 30’’, and ‘‘sec- the joint resolution of December 22, 1942, (56 Stat. 1074) ond Monday in October’’ for ‘‘October 12’’. [this section], which permits the flag to be displayed at Subsec. (e). Pub. L. 94–344, § 1(5), struck out night ‘‘upon special occasions when it is desired to ‘‘, weather permitting,’’ after ‘‘displayed daily’’. produce a patriotic effect,’’ it is appropriate that our 1942—Subsec. (d). Act Dec. 22, 1942, substituted national colors henceforth be displayed day and night ‘‘fourth Thursday in November’’ for ‘‘last Thursday in at the Washington Monument. November’’. NOW, THEREFORE, I, RICHARD NIXON, President of the United States of America, do hereby proclaim VALLEY FORGE STATE PARK, PENNSYLVANIA; DISPLAY that, effective July 4, 1971, the fifty flags of the United OF FLAG States of America displayed at the Washington Monu- Pub. L. 94–53, July 4, 1975, 89 Stat. 259, provided: ment in the District of Columbia be flown at all times ‘‘That, notwithstanding the rule or custom pertaining during the day and night, except when the weather is to the display of the flag of the United States of Amer- inclement. ica between sunrise and sunset, as set forth in section The rules and customs pertaining to the display of 2(a) of the joint resolution, entitled, ‘‘Joint resolution the flag as set forth in the joint resolution of June 22, to codify and emphasize existing rules and customs per- 1942, as amended [section 173 et seq. of this title], are taining to the display and use of the flag of the United hereby modified accordingly. States of America’’, approved June 22, 1942 (36 U.S.C. IN WITNESS WHEREOF, I have hereunto set my 174(a)), the flag of the United States of America may be hand this sixth day of July, in the year of our Lord flown for twenty-four hours of each day on the grounds nineteen hundred seventy-one, and of the Independence of the National Memorial Arch in Valley Forge State of the United States of America the one hundred nine- Park, Valley Forge, Pennsylvania. The flag may not be ty-sixth. flown pursuant to the authority contained in this Act RICHARD NIXON. during the hours from sunset to sunrise unless it is illuminated.’’ PROC. NO. 4131. DISPLAY OF FLAG AT UNITED STATES CUSTOMS PORTS OF ENTRY LEXINGTON, MASSACHUSETTS; DISPLAY OF FLAG Proc. No. 4131, May 5, 1972, 37 F.R. 9311, provided: Pub. L. 89–335, Nov. 8, 1965, 79 Stat. 1294, provided: The flag of the United States should be one of the ‘‘That, notwithstanding any rule or custom pertaining first things seen at our Customs ports of entry, both by to the display of the flag of the United States of Amer- American citizens returning from abroad and by travel- ica as set forth in the joint resolution entitled ‘Joint ers from other countries. resolution to codify and emphasize existing rules and As the symbol of our country and our freedoms, the customs pertaining to the display and use of the flag of national colors of the United States provide a welcome the United States of America’, approved June 22, 1942 greeting of warm promise. (36 U.S.C. 171–178), the flag of the United States of Many people, however, enter our country at night America may be flown for twenty-four hours of each when the flag is not flown, because of the nearly uni- day on the green of the town of Lexington, Massachu- versal custom of displaying it only from sunrise to sun- setts. The flag may not be flown pursuant to the au- set. thority contained in this Act during the hours from Authority exists to amend that custom. A Congres- sunset to sunrise unless it is illuminated.’’ sional joint resolution of June 22, 1942 (56 Stat. 377), as amended (36 U.S.C. 173–178), permits the flag to be dis- FLAG HOUSE SQUARE, BALTIMORE, MARYLAND; DISPLAY played at night ‘‘upon special occasions when it is de- OF FLAG; TIME sired to produce a patriotic effect.’’ Act Mar. 26, 1954, ch. 109, 68 Stat. 35, provided: ‘‘That I believe it is appropriate that returning citizens and notwithstanding any rule or custom pertaining to the visitors from other countries be welcomed by our flag display of the flag of the United States of America as whether they arrive at their ports of entry by night or set forth in the joint resolution entitled ‘Joint resolu- by day. tion to codify and emphasize existing rules and cus- NOW, THEREFORE, I, RICHARD NIXON, President toms pertaining to the display and use of the flag of the of the United States of America, do hereby proclaim United States of America’, approved June 22, 1942, as that the flag of the United States of America shall amended [sections 171 to 178 of this title], authority is hereafter be displayed at all times during the day and hereby conferred on the appropriate officer of the State night, except when the weather is inclement, at United of Maryland to permit the flying of the flag of the States Customs ports of entry which are continually United States for twenty-four hours of each day in Flag open. House Square, Albemarle and Pratt Streets, Baltimore, The rules and customs pertaining to the display of Maryland. the flag, as set forth in the joint resolution of June 22, ‘‘SEC. 2. Subject to the provisions of section 3 of the 1942, as amended, are hereby modified accordingly. joint resolution of June 22, 1942, as amended [section IN WITNESS WHEREOF, I have hereunto set my 175 of this title], authority is also conferred on the ap- hand this fifth day of May, in the year of our Lord nine- propriate officer of the State of Maryland to permit the teen hundred seventy-two, and of the Independence of flying of a replica of the flag of the United States the United States of America the one hundred ninety- which was in use during the War of 1812 for twenty-four sixth. hours of each day in Flag House Square, Albemarle and RICHARD NIXON. Pratt Streets, Baltimore, Maryland.’’ CROSS REFERENCES PROC. NO. 4064. DISPLAY OF FLAGS AT THE WASHINGTON National observances, display of flag on, see section MONUMENT 141 et seq. of this title. Proc. No. 4064, July 6, 1971, 36 F.R. 12967, provided: The Washington Monument stands day and night as SECTION REFERRED TO IN OTHER SECTIONS America’s tribute to our first President. The fifty This section is referred to in section 178 of this title. American flags that encircle the base of the Monument represent our fifty States and, at the same time, sym- § 175. Position and manner of display bolize our enduring Federal Union. As this Nation’s 200th year approaches, I believe that The flag, when carried in a procession with an- it would do all Americans well to remember the years other flag or flags, should be either on the Page 65 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 175 marching right; that is, the flag’s own right, or, flag should be displayed in the same way, with if there is a line of other flags, in front of the the union or blue field to the left of the observer center of that line. in the street. (a) The flag should not be displayed on a float (j) When the flag is displayed over the middle in a parade except from a staff, or as provided in of the street, it should be suspended vertically subsection (i) of this section. with the union to the north in an east and west (b) The flag should not be draped over the street or to the east in a north and south street. hood, top, sides, or back of a vehicle or of a rail- (k) When used on a speaker’s platform, the road train or a boat. When the flag is displayed flag, if displayed flat, should be displayed above on a motorcar, the staff shall be fixed firmly to and behind the speaker. When displayed from a the chassis or clamped to the right fender. staff in a church or public auditorium, the flag (c) No other flag or pennant should be placed of the United States of America should hold the above or, if on the same level, to the right of the position of superior prominence, in advance of flag of the United States of America, except dur- the audience, and in the position of honor at the ing church services conducted by naval chap- clergyman’s or speaker’s right as he faces the lains at sea, when the church pennant may be audience. Any other flag so displayed should be flown above the flag during church services for placed on the left of the clergyman or speaker or the personnel of the Navy. No person shall dis- to the right of the audience. play the flag of the United Nations or any other (l) The flag should form a distinctive feature national or international flag equal, above, or in of the ceremony of unveiling a statue or monu- a position of superior prominence or honor to, or ment, but it should never be used as the cover- in place of, the flag of the United States at any ing for the statue or monument. place within the United States or any Territory (m) The flag, when flown at half-staff, should or possession thereof: Provided, That nothing in be first hoisted to the peak for an instant and this section shall make unlawful the continu- then lowered to the half-staff position. The flag ance of the practice heretofore followed of dis- should be again raised to the peak before it is playing the flag of the United Nations in a posi- lowered for the day. On Memorial Day the flag tion of superior prominence or honor, and other should be displayed at half-staff until noon only, national flags in positions of equal prominence then raised to the top of the staff. By order of or honor, with that of the flag of the United the President, the flag shall be flown at half- States at the headquarters of the United Na- staff upon the death of principal figures of the tions. United States Government and the Governor of (d) The flag of the United States of America, a State, territory, or possession, as a mark of re- when it is displayed with another flag against a spect to their memory. In the event of the death wall from crossed staffs, should be on the right, of other officials or foreign dignitaries, the flag the flag’s own right, and its staff should be in is to be displayed at half-staff according to Pres- front of the staff of the other flag. idential instructions or orders, or in accordance (e) The flag of the United States of America with recognized customs or practices not incon- should be at the center and at the highest point sistent with law. In the event of the death of a of the group when a number of flags of States or present or former official of the government of localities or pennants of societies are grouped any State, territory, or possession of the United and displayed from staffs. States, the Governor of that State, territory, or (f) When flags of States, cities, or localities, or possession may proclaim that the National flag pennants of societies are flown on the same hal- shall be flown at half-staff. The flag shall be yard with the flag of the United States, the lat- flown at half-staff thirty days from the death of ter should always be at the peak. When the flags the President or a former President; ten days are flown from adjacent staffs, the flag of the from the day of death of the Vice President, the United States should be hoisted first and low- Chief Justice or a retired Chief Justice of the ered last. No such flag or pennant may be placed United States, or the Speaker of the House of above the flag of the United States or to the Representatives; from the day of death until in- United States flag’s right. terment of an Associate Justice of the Supreme (g) When flags of two or more nations are dis- Court, a Secretary of an executive or military played, they are to be flown from separate staffs department, a former Vice President, or the of the same height. The flags should be of ap- Governor of a State, territory, or possession; proximately equal size. International usage for- and on the day of death and the following day bids the display of the flag of one nation above for a Member of Congress. The flag shall be that of another nation in time of peace. flown at halfstaff on Peace Officers Memorial (h) When the flag of the United States is dis- Day, unless that day is also Armed Forces Day. played from a staff projecting horizontally or at As used in this subsection— an angle from the window sill, balcony, or front (1) the term ‘‘half-staff’’ means the position of a building, the union of the flag should be of the flag when it is one-half the distance be- placed at the peak of the staff unless the flag is tween the top and bottom of the staff; at half staff. When the flag is suspended over a (2) the term ‘‘executive or military depart- sidewalk from a rope extending from a house to ment’’ means any agency listed under sections a pole at the edge of the sidewalk, the flag 101 and 102 of title 5; and should be hoisted out, union first, from the (3) the term ‘‘Member of Congress’’ means a building. Senator, a Representative, a Delegate, or the (i) When displayed either horizontally or verti- Resident Commissioner from Puerto Rico. cally against a wall, the union should be upper- (n) When the flag is used to cover a casket, it most and to the flag’s own right, that is, to the should be so placed that the union is at the head observer’s left. When displayed in a window, the and over the left shoulder. The flag should not § 175 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 66 be lowered into the grave or allowed to touch States, Territories, and possessions of the United the ground. States as a mark of respect to their memory; and (o) When the flag is suspended across a cor- WHEREAS it is desirable that rules be prescribed for the uniform observance of this mark of respect by all ridor or lobby in a building with only one main executive departments and agencies of the Govern- entrance, it should be suspended vertically with ment, and as a guide to the people of the Nation gener- the union of the flag to the observer’s left upon ally on such occasions: entering. If the building has more than one main NOW, THEREFORE, I, DWIGHT D. EISENHOWER, entrance, the flag should be suspended vertically President of the United States of America and Com- near the center of the corridor or lobby with the mander in Chief of the armed forces of the United States, do hereby prescribe and proclaim the following union to the north, when entrances are to the rules with respect to the display of the flag of the east and west or to the east when entrances are United States of America at half-staff upon the death to the north and south. If there are entrances in of the officials hereinafter designated: more than two directions, the union should be to 1. The flag of the United States shall be flown at half- the east. staff on all buildings, grounds, and naval vessels of the Federal Government in the District of Columbia and (June 22, 1942, ch. 435, § 3, 56 Stat. 378; Dec. 22, throughout the United States and its Territories and 1942, ch. 806, § 3, 56 Stat. 1075; July 9, 1953, ch. 183, possessions for the period indicated upon the death of 67 Stat. 142; July 7, 1976, Pub. L. 94–344, any of the following-designated officials or former offi- § 1(6)–(11), 90 Stat. 810, 811; Sept. 13, 1994, Pub. L. cials of the United States: 103–322, title XXXII, § 320922(b), 108 Stat. 2131.) (a) The President or a former President: for thirty days from the day of death. AMENDMENTS The flag shall also be flown at half-staff for such period at all United States embassies, legations, and 1994—Subsec. (m). Pub. L. 103–322 inserted before last other facilities abroad, including all military facilities sentence ‘‘The flag shall be flown at halfstaff on Peace and naval vessels and stations. Officers Memorial Day, unless that day is also Armed (b) The Vice President, the Chief Justice or a retired Forces Day.’’ Chief Justice of the United States, or the Speaker of 1976—Subsec. (b). Pub. L. 94–344, § 1(6), substituted the House of Representatives: for ten days from the day ‘‘right fender’’ for ‘‘radiator cap’’. of death. Subsec. (f). Pub. L. 94–344, § 1(7), substituted ‘‘to the (c) An Associate Justice of the Supreme Court, a United States flag’s right’’ for ‘‘to the right of the flag member of the Cabinet, a former Vice President, the of the United States’’. President pro tempore of the Senate, the Majority Subsec. (i). Pub. L. 94–344, § 1(8), substituted require- Leader of the Senate, the Minority Leader of the Sen- ment that when the flag is displayed horizontally or ate, the Majority Leader of the House of Representa- vertically against a wall or in a window, the union tives, or the Minority Leader of the House of Rep- should be uppermost and to the flag’s own right for re- resentatives: from the day of death until interment. quirement that when the flag is displayed otherwise 2. The flag of the United States shall be flown at half- than from a staff, it should be displayed flat, whether staff on all buildings, grounds, and naval vessels of the indoors or out, or so suspended that it falls as free as Federal Government in the metropolitan area of the though it were staffed. District of Columbia on the day of death and on the fol- Subsec. (k). Pub. L. 94–344, § 1(9), struck out provi- lowing day upon the death of a United States Senator, sions relating to flag position when displayed on a staff Representative, Territorial Delegate, or the Resident in the chancel of a church or speaker’s platform of an Commissioner from the Commonwealth of Puerto Rico, auditorium. and it shall also be flown at half-staff on all buildings, Subsec. (m). Pub. L. 94–344, § 1(10), inserted provisions grounds, and naval vessels of the Federal Government relating to half-staff display of the flag on Memorial in the State, Congressional District, Territory, or Com- Day and upon the death of principal figures of the monwealth of such Senator, Representative, Delegate, United States government and State governments and or Commissioner, respectively, from the day of death definitions of terms therein and struck out provisions until interment. relating to the affixing of crepe streamers to spear- 3. The flag of the United States shall be flown at half- heads and flagstaffs in a parade only on the order of the staff on all buildings and grounds of the Federal Gov- President. ernment in a State, Territory, or possession of the Subsec. (o). Pub. L. 94–344, § 1(11), added subsec. (o). United States upon the death of the Governor of such 1953—Subsec. (c). Act July 9, 1953, inserted second State, Territory, or possession from the day of death sentence. until interment. 1942—Subsecs. (i) and (m). Act Dec. 22, 1942, inserted 4. In the event of the death of other officials, former ‘‘or so suspended that its folds fall as free as though the officials, or foreign dignitaries, the flag of the United flag were staffed’’ to subsec. (i) and omitted therefrom States shall be displayed at half-staff in accordance provisions covering display against a wall or in a win- with such orders or instructions as may be issued by or dow, and substituted ‘‘lowering’’ for ‘‘hauling’’ in third at the direction of the President, or in accordance with sentence of subsec. (m). recognized customs or practices not inconsistent with law. FLAG HOUSE SQUARE, BALTIMORE, MARYLAND; DISPLAY 5. The heads of the several departments and agencies OF REPLICA OF FLAG USED IN WAR OF 1812; TIME of the Government may direct that the flag of the United States be flown at half-staff on buildings, Display of replica of flag used in War of 1812 for twen- grounds, or naval vessels under their jurisdiction on oc- ty-four hours each day in Flag House Square, Balti- casions other than those specified herein which they more, Maryland, as subject to this section, see note set consider proper, and that suitable military honors be out under section 174 of this title. rendered as appropriate. IN WITNESS WHEREOF, I have hereunto set my PROC. NO. 3044. DISPLAY OF FLAG AT HALF-STAFF UPON hand and caused the Seal of the United States of Amer- DEATH OF CERTAIN OFFICIALS AND FORMER OFFICIALS ica to be affixed. Proc. No. 3044, Mar. 1, 1954, 19 F.R. 1235, as amended DONE at the City of Washington this 1st day of by Proc. No. 3948, Dec. 12, 1969, 34 F.R. 19699, provided: March in the year of our Lord nineteen hundred WHEREAS it is appropriate that the flag of the and fifty-four, and of the Independence of the United States of America be flown at half-staff on Fed- United States of America the one hundred and eral buildings, grounds, and facilities upon the death of seventy-eighth. principal officials and former officials of the Govern- [SEAL] ment of the United States and the Governors of the DWIGHT D. EISENHOWER. Page 67 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 178

SECTION REFERRED TO IN OTHER SECTIONS Par. (d). Pub. L. 94–344, § 1(13), inserted requirement that a flag should never be used as wearing apparel or This section is referred to in sections 167, 178 of this bedding. title; title 10 section 2249b. Par. (e). Pub. L. 94–344, § 1(14), substituted ‘‘to per- § 176. Respect for flag mit’’ for ‘‘will permit’’. Par. (i). Pub. L. 94–344, § 1(15), struck out provision No disrespect should be shown to the flag of that the flag should not be used on a costume or ath- the United States of America; the flag should letic uniform. not be dipped to any person or thing. Regimen- Pars. (j), (k). Pub. L. 94–344, § 1(16), added par. (j) and redesignated former par. (j) as (k). tal colors, State flags, and organization or insti- 1942—Par. (g). Act Dec. 22, 1942, inserted ‘‘any’’ before tutional flags are to be dipped as a mark of ‘‘part’’. honor. (a) The flag should never be displayed with the CROSS REFERENCES union down, except as a signal of dire distress in Police uniforms to display U.S. flag emblem or col- instances of extreme danger to life or property. ors, see section 210a of Title 40, Public Buildings, Prop- (b) The flag should never touch anything be- erty, and Works. neath it, such as the ground, the floor, water, or SECTION REFERRED TO IN OTHER SECTIONS merchandise. (c) The flag should never be carried flat or This section is referred to in section 178 of this title. horizontally, but always aloft and free. § 177. Conduct during hoisting, lowering or pass- (d) The flag should never be used as wearing ing of flag apparel, bedding, or drapery. It should never be festooned, drawn back, nor up, in folds, but al- During the ceremony of hoisting or lowering ways allowed to fall free. Bunting of blue, white, the flag or when the flag is passing in a parade and red, always arranged with the blue above, or in review, all persons present except those in the white in the middle, and the red below, uniform should face the flag and stand at atten- should be used for covering a speaker’s desk, tion with the right hand over the heart. Those draping the front of the platform, and for deco- present in uniform should render the military ration in general. salute. When not in uniform, men should remove (e) The flag should never be fastened, dis- their headdress with their right hand and hold it played, used, or stored in such a manner as to at the left shoulder, the hand being over the permit it to be easily torn, soiled, or damaged in heart. Aliens should stand at attention. The sa- any way. lute to the flag in a moving column should be (f) The flag should never be used as a covering rendered at the moment the flag passes. for a ceiling. (June 22, 1942, ch. 435, § 5, 56 Stat. 380; Dec. 22, (g) The flag should never have placed upon it, 1942, ch. 806, § 5, 56 Stat. 1077; July 7, 1976, Pub. nor on any part of it, nor attached to it any L. 94–344, § 1(17), 90 Stat. 812.) mark, insignia, letter, word, figure, design, picture, or drawing of any nature. AMENDMENTS (h) The flag should never be used as a recep- 1976—Pub. L. 94–344 substituted in first sentence tacle for receiving, holding, carrying, or deliver- ‘‘with right hand over the heart’’ for ‘‘, and salute’’ and ing anything. struck out ‘‘Men without hats should salute in the (i) The flag should never be used for advertis- same manner.’’ before ‘‘Aliens should’’ and ‘‘Women ing purposes in any manner whatsoever. It should salute by placing right hand over the heart.’’ be- should not be embroidered on such articles as fore ‘‘The salute to the flag’’. 1942—Act Dec. 22, 1942, substituted ‘‘military salute,’’ cushions or handkerchiefs and the like, printed for ‘‘right-hand salute’’ in second sentence, ‘‘should sa- or otherwise impressed on paper napkins or lute in the same manner,’’ for ‘‘merely stand at atten- boxes or anything that is designed for tem- tion’’ in fourth sentence, and inserted fifth sentence. porary use and discard. Advertising signs should not be fastened to a staff or halyard from which CROSS REFERENCES the flag is flown. Alien as used in Immigration and Nationality Act de- (j) No part of the flag should ever be used as fined, see section 1101 of Title 8, Aliens and National- a costume or athletic uniform. However, a flag ity. patch may be affixed to the uniform of military SECTION REFERRED TO IN OTHER SECTIONS personnel, firemen, policemen, and members of This section is referred to in section 178 of this title. patriotic organizations. The flag represents a living country and is itself considered a living § 178. Modification of rules and customs by Presi- thing. Therefore, the lapel flag pin being a rep- dent lica, should be worn on the left lapel near the heart. Any rule or custom pertaining to the display (k) The flag, when it is in such condition that of the flag of the United States of America, set it is no longer a fitting emblem for display, forth herein, may be altered, modified, or re- should be destroyed in a dignified way, pref- pealed, or additional rules with respect thereto erably by burning. may be prescribed, by the Commander in Chief of the Armed Forces of the United States, when- (June 22, 1942, ch. 435, § 4, 56 Stat. 379; Dec. 22, ever he deems it to be appropriate or desirable; 1942, ch. 806, § 4, 56 Stat. 1076; July 7, 1976, Pub. and any such alteration or additional rule shall L. 94–344, § 1(12)–(16), 90 Stat. 812.) be set forth in a proclamation. AMENDMENTS (June 22, 1942, ch. 435, § 8, 56 Stat. 380; Dec. 22, 1976—Par. (a). Pub. L. 94–344, § 1(12), inserted reference 1942, ch. 806, § 8, 56 Stat. 1077; July 7, 1976, Pub. to instances of extreme danger to life or property. L. 94–344, § 1(20), 90 Stat. 813.) § 179 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 68

REFERENCES IN TEXT or desirable; and any such alteration or additional rule shall be set forth in a proclamation.’’; and Herein, referred to in text, means act June 22, 1942, WHEREAS the White House is a house that belongs which is classified to sections 171 to 178 of this title. to all the people; and AMENDMENTS WHEREAS the White House, as the home of the President and his family, symbolizes the love of home 1976—Pub. L. 94–344 substituted ‘‘Armed Forces’’ for and family which has long characterized our people; ‘‘Army and Navy’’. and 1942—Act Dec. 22, 1942, reenacted section without WHEREAS it is customary for many of our own citi- change. zens and many persons from other countries who visit PROC. NO. 2605. THE FLAG OF THE UNITED STATES our Nation’s Capital to view the White House at night; and Proc. No. 2605, Feb. 18, 1944, 9 F.R. 1957, 58 Stat. 1126, WHEREAS it is thus appropriate that the flag be provided: flown over the White House by night as well as by day: The flag of the United States of America is univer- NOW, THEREFORE, I, RICHARD NIXON, President sally representative of the principles of the justice, lib- of the United States of America, do hereby proclaim erty, and democracy enjoyed by the people of the that the flag of the United States of America shall United States; and hereafter be displayed at the White House at all times People all over the world recognize the flag of the during the day and night, except when the weather is United States as symbolic of the United States; and inclement. The effective prosecution of the war requires a proper The rules and customs pertaining to the display of understanding by the people of other countries of the the flag as set forth in the joint resolution of June 22, material assistance being given by the Government of 1942, as amended, are hereby modified accordingly. the United States: IN WITNESS WHEREOF, I have hereunto set my NOW, THEREFORE, by virtue of the power vested in hand this fourth day of September, in the year of our me by the Constitution and laws of the United States, Lord nineteen hundred and seventy, and of the Inde- particularly by the Joint Resolution approved June 22, pendence of the United States of America the one hun- 1942, as amended by the Joint Resolution approved De- dred and ninety-fifth. cember 22, 1942 [sections 171 to 178 of this title], as President and Commander in Chief, it is hereby pro- RICHARD NIXON. claimed as follows: SECTION REFERRED TO IN OTHER SECTIONS 1. The use of the flag of the United States or any representation thereof, if approved by the Foreign Eco- This section is referred to in title 10 section 2249b. nomic Administration, on labels, packages, cartons, cases, or other containers for articles or products of the § 179. Design for service flag; persons entitled to United States intended for export as lend-lease aid, as display flag relief and rehabilitation aid, or as emergency supplies The Secretary of Defense is authorized and di- for the Territories and possessions of the United rected to approve a design for a service flag, States, or similar purposes, shall be considered a proper use of the flag of the United States and consistent with which flag may be displayed in a window of the the honor and respect due to the flag. place of residence of persons who are members of 2. If any article or product so labelled, packaged or the immediate family of a person serving in the otherwise bearing the flag of the United States or any armed forces of the United States during any pe- representation thereof, as provided for in section 1, riod of war or hostilities in which the Armed should, by force of circumstances, be diverted to the or- Forces of the United States may be engaged. dinary channels of domestic trade, no person shall be considered as violating the rules and customs pertain- (Oct. 17, 1942, ch. 615, § 1, 56 Stat. 796; May 27, ing to the display of the flag of the United States, as 1953, ch. 70, 67 Stat. 35.) set forth in the Joint Resolution approved June 22, 1942, as amended by the Joint Resolution approved Decem- AMENDMENTS ber 22, 1942 (U.S.C., Supp. II, title 36, secs. 171–178) for 1953—Act May 27, 1953, substituted ‘‘Secretary of De- possessing, transporting, displaying, selling or other- fense’’ for ‘‘Secretary of War’’ and ‘‘any period of war wise transferring any such article or product solely be- or hostilities in which the Armed Forces of the United cause the label, package, carton, case, or other con- States may be engaged’’ for ‘‘the current war’’. tainer bears the flag of the United States or any representation thereof. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 181, 182 of this PROC. NO. 4000. DISPLAY OF FLAG AT WHITE HOUSE title. Proc. No. 4000, Sept. 4, 1970, 35 F.R. 14187, provided: WHEREAS the joint resolution of Congress of June § 180. Design for service lapel button; persons en- 22, 1942, entitled ‘‘Joint Resolution to Codify and Em- titled to wear button phasize Existing Rules and Customs Pertaining to the Display and Use of the Flag of the United States of The Secretary of Defense is also authorized America,’’ as amended by the joint resolution of De- and directed to approve a design for a service cember 22, 1942, 56 Stat. 1074 [sections 173 to 178 of this lapel button, which button may be worn by title], contains the following provisions: members of the immediate family of a person ‘‘SEC. 2. (a) It is the universal custom to display the serving in the armed forces of the United States flag only from sunrise to sunset on buildings and on during any period of war or hostilities in which stationary flagstaffs in the open. However, the flag may be displayed at night upon special occasions when the Armed Forces of the United States may be it is desired to produce a patriotic effect. engaged. * * * * * (Oct. 17, 1942, ch. 615, § 2, 56 Stat. 796; May 27, 1953, ch. 70, 67 Stat. 35.) ‘‘SEC. 8. Any rule or custom pertaining to the display AMENDMENTS of the flag of the United States of America, set forth herein, may be altered, modified, or repealed, or addi- 1953—Act May 27, 1953, substituted ‘‘Secretary of De- tional rules with respect thereto may be prescribed, by fense’’ for ‘‘Secretary of War’’ and ‘‘any period of war the Commander in Chief of the Army and Navy of the or hostilities in which the Armed Forces of the United United States, whenever he deems it to be appropriate States may be engaged’’ for ‘‘the current war’’. Page 69 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 188

SECTION REFERRED TO IN OTHER SECTIONS Section 184, act Nov. 22, 1943, ch. 301, § 2, 57 Stat. 591, authorized prescription of regulations and appropria- This section is referred to in sections 181, 182 of this tions for purposes of section 183 of this title. title. EFFECTIVE DATE OF REPEAL § 181. Approval of designs by Secretary of De- Repeal effective Jan. 1, 1959, see section 2 of Pub. L. fense; license to manufacture and sell; pen- 85–857, set out as an Effective Date note preceding Part alties I of Title 38, Veterans’ Benefits. Upon the approval by the Secretary of Defense § 185. Transferred of the design for such service flag and service lapel button, he shall cause notice thereof, to- CODIFICATION gether with a description of the approved flag Section, act Apr. 17, 1952, ch. 216, 66 Stat. 64, which re- and button, to be published in the Federal Reg- lated to National Day of Prayer, was transferred to sec- ister. Thereafter any person may apply to the tion 169h of this title. Secretary of Defense for a license to manufac- § 186. National motto ture and sell the approved service flag, or the approved service lapel button, or both. Any per- The national motto of the United States is de- son, firm, or corporation who manufactures any clared to be ‘‘In God we trust.’’ such service flag or service lapel button without (July 30, 1956, ch. 795, 70 Stat. 732.) having first obtained such a license, or otherwise violates sections 179 to 182 of this title, § 187. National floral emblem shall, upon conviction thereof, be fined not more The flower commonly known as the rose is than $1,000. designated and adopted as the national floral (Oct. 17, 1942, ch. 615, § 3, 56 Stat. 796; May 27, emblem of the United States of America, and 1953, ch. 70, 67 Stat. 35.) the President of the United States is authorized and requested to declare such fact by proclama- AMENDMENTS tion. 1953—Act May 27, 1953, substituted ‘‘Secretary of De- fense’’ for ‘‘Secretary of War’’. (Pub. L. 99–449, Oct. 7, 1986, 100 Stat. 1128.) PROC. NO. 5574. THE ROSE PROCLAIMED THE NATIONAL SECTION REFERRED TO IN OTHER SECTIONS FORAL EMBLEM OF THE UNITED STATES OF AMERICA This section is referred to in section 182 of this title. Proc. No. 5574, Nov. 20, 1986, 51 F.R. 42197, provided: Americans have always loved the flowers with which § 182. Rules and regulations God decorates our land. More often than any other The Secretary of Defense is authorized to flower, we hold the rose dear as the symbol of life and make such rules and regulations as may be nec- love and devotion, of beauty and eternity. For the love of man and woman, for the love of mankind and God, essary to carry out the provisions of sections 179 for the love of country, Americans who would speak the to 182 of this title. language of the heart do so with a rose. (Oct. 17, 1942, ch. 615, § 4, 56 Stat. 796; May 27, We see proofs of this everywhere. The study of fossils reveals that the rose has existed in America for age 1953, ch. 70, 67 Stat. 35.) upon age. We have always cultivated roses in our gar- AMENDMENTS dens. Our first President, George Washington, bred roses, and a variety he named after his mother is still 1953—Act May 27, 1953, substituted ‘‘Secretary of De- grown today. The White House itself boasts a beautiful fense’’ for ‘‘Secretary of War’’. Rose Garden. We grow roses in all our fifty States. We find roses throughout our art, music, and literature. SECTION REFERRED TO IN OTHER SECTIONS We decorate our celebrations and parades with roses. This section is referred to in section 181 of this title. Most of all, we present roses to those we love, and we lavish them on our altars, our civil shrines, and the §§ 182a to 182d. Repealed. Pub. L. 89–534, § 2, Aug. final resting places of our honored dead. 11, 1966, 80 Stat. 345 The American people have long held a special place in their hearts for roses. Let us continue to cherish them, Section 182a, acts Aug. 1, 1947, ch. 426, § 1, 61 Stat. 710; to honor the love and devotion they represent, and to Aug. 21, 1951, ch. 339, 65 Stat. 195, related to creation of bestow them on all we love just as God has bestowed gold star lapel button. See section 1126 of Title 10, them on us. Armed Forces. The Congress, by Senate Joint Resolution 159 [Pub. L. Section 182b, acts Aug. 1, 1947, ch. 426, § 2, 61 Stat. 710; 99–449, 36 U.S.C. 187], has designated the rose as the Na- Aug. 21, 1951, ch. 339, 65 Stat. 195, related to eligibility tional Floral Emblem of the United States and author- for gold star lapel button. See section 1126 of Title 10. ized and requested the President to issue a proclama- Section 182c, acts Aug. 1, 1947, ch. 426, § 3, 61 Stat. 710; tion declaring this fact. Aug. 21, 1951, ch. 339, 65 Stat. 195, related to definitions NOW, THEREFORE, I, RONALD REAGAN, President with regard to gold star lapel button. See section 1126 of the United States of America, do hereby proclaim of Title 10. the rose as the National Floral Emblem of the United Section 182d, acts Aug. 1, 1947, ch. 426, § 4, 61 Stat. 710; States of America. Aug. 21, 1951, ch. 339, 65 Stat. 195, related to penalties IN WITNESS WHEREOF, I have hereunto set my applicable for misuse of gold star lapel button. hand this twentieth day of November, in the year of our Lord nineteen hundred and eighty-six, and of the Inde- §§ 183, 184. Repealed. Pub. L. 85–857, § 14(84), pendence of the United States of America the two hun- Sept. 2, 1958, 72 Stat. 1272 dred and eleventh. RONALD REAGAN. Section 183, act Nov. 22, 1943, ch. 301, § 1, 57 Stat. 590, authorized a gift to relative of a person who died while § 188. National march in military or naval service of United States flag used at such member’s funeral. See section 2301 of Title 38, The composition by John Philip Sousa en- Veterans’ Benefits. titled ‘‘The Stars and Stripes Forever’’ is hereby § 189 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 70 designated as the national march of the United (1) The Capitol. States of America. (2) The White House. (3) The Korean War Veterans Memorial and (Pub. L. 100–186, Dec. 11, 1987, 101 Stat. 1286.) the Vietnam Veterans Memorial. § 189. Recognition of National League of Families (4) Each national cemetery. POW/MIA flag (5) The buildings containing the official office of— The National League of Families POW/MIA (A) the Secretary of State; flag is hereby recognized officially and des- (B) the Secretary of Defense; ignated as the symbol of our Nation’s concern (C) the Secretary of Veterans Affairs; and and commitment to resolving as fully as pos- (D) the Director of the Selective Service sible the fates of Americans still prisoner, miss- System. ing and unaccounted for in Southeast Asia, thus ending the uncertainty for their families and (6) Each major military installation, as des- the Nation. ignated by the Secretary of Defense. (7) Each medical center of the Department of (Pub. L. 101–355, § 2, Aug. 10, 1990, 104 Stat. 416.) Veterans Affairs. DISPLAY OF POW/MIA FLAG (8) Each United States Postal Service post Pub. L. 102–190, div. A, title X, § 1084, Dec. 5, 1991, 105 office. Stat. 1482, provided for display of POW/MIA flag at (d) Coordination with other display requirement specified times and places, for procurement and distribution of flags, and for termination of display re- Display of the POW/MIA flag at the Capitol quirement, prior to repeal by Pub. L. 105–85, div. A, pursuant to paragraph (1) of subsection (c) of title X, § 1082(j), Nov. 18, 1997, 111 Stat. 1918. See section this section is in addition to the display of that 189a of this title. flag in the Rotunda of the Capitol pursuant to Senate Concurrent Resolution 5 of the 101st Con- SECTION REFERRED TO IN OTHER SECTIONS gress, agreed to on February 22, 1989 (103 Stat. This section is referred to in section 189a of this title. 2533). § 189a. Display of POW/MIA flag (e) Display to be in a manner visible to public (a) Required display Display of the POW/MIA flag pursuant to this The POW/MIA flag shall be displayed at the lo- section shall be in a manner designed to ensure cations specified in subsection (c) of this section visibility to the public. on POW/MIA flag display days. Such display (f) Limitation shall serve (1) as the symbol of the Nation’s con- This section may not be construed or applied cern and commitment to achieving the fullest so as to require any employee to report to work possible accounting of Americans who, having solely for the purpose of providing for the dis- been prisoners of war or missing in action, still play of the POW/MIA flag. remain unaccounted for, and (2) as the symbol of (g) ‘‘POW/MIA flag’’ defined the Nation’s commitment to achieving the fullest possible accounting for Americans who in As used in this section, the term ‘‘POW/MIA the future may become prisoners of war, missing flag’’ means the National League of Families in action, or otherwise unaccounted for as a re- POW/MIA flag recognized officially and des- sult of hostile action. ignated by section 189 of this title. (b) Days for flag display (h) Regulations for implementation (1) For purposes of this section, POW/MIA flag Not later than 180 days after November 18, display days are the following: 1997, the head of each department, agency, or (A) Armed Forces Day, the third Saturday in other establishment responsible for a location May. specified in subsection (c) of this section (other (B) Memorial Day, the last Monday in May. than the Capitol) shall prescribe such regula- (C) Flag Day, June 14. tions as necessary to carry out this section. (D) Independence Day, July 4. (i) Procurement and distribution of flags (E) National POW/MIA Recognition Day. (F) Veterans Day, November 11. Not later than 30 days after November 18, 1997, the Administrator of General Services shall pro- (2) In addition to the days specified in para- cure POW/MIA flags and distribute them as nec- graph (1), POW/MIA flag display days include— essary to carry out this section. (A) in the case of display at medical centers of the Department of Veterans Affairs (re- (Pub. L. 105–85, div. A, title X, § 1082, Nov. 18, quired by subsection (c)(7) of this section), any 1997, 111 Stat. 1917.) day on which the flag of the United States is CODIFICATION displayed; and Section is comprised of section 1082 of Pub. L. 105–85. (B) in the case of display at United States Subsec. (j) of section 1082 of Pub. L. 105–85 repealed sec- Postal Service post offices (required by sub- tion 1084 of Pub. L. 102–190, formerly set out as a note section (c)(8) of this section), the last business under section 189 of this title. day before a day specified in paragraph (1) that in any year is not itself a business day. PRIOR PROVISIONS (c) Locations for flag display Provisions similar to those in this section were contained in Pub. L. 102–190, div. A, title X, § 1084, Dec. 5, The locations for the display of the POW/MIA 1991, 105 Stat. 1482, which was set out as a note under flag under subsection (a) of this section are the section 189 of this title, prior to repeal by Pub. L. following: 105–85, § 1082(j). Page 71 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 205

CHAPTER 11—CIVIL AIR PATROL munities and to provide an organization of private citizens with adequate facilities to assist in Sec. meeting local and national emergencies. 201. Corporation created. 202. Objects and purposes of corporation. (July 1, 1946, ch. 527, § 2, 60 Stat. 346.) 203. Membership. 204. Prohibition against issuance of stock or busi- CROSS REFERENCES ness activities; completion of organization. Citizenship clause, see Const. Amend. 14, § 1. 205. Powers of corporation. 206. Exclusive right to name, insignia, copyrights, SECTION REFERRED TO IN OTHER SECTIONS emblems and badges. 207. Annual report. This section is referred to in sections 201, 206 of this 208. Reservation of right to amend or repeal chap- title; title 10 section 9441. ter. § 203. Membership § 201. Corporation created Eligibility for membership in the corporation The following-named persons, to wit: Harold and the rights and privileges of members shall F. Wood, of Alabama; J. M. Morris, of Arizona; be determined according to the constitution and Rex P. Hayes, of Arkansas; Bertrand Rhine, of bylaws of the corporation: Provided, That the California; J. A. Smethills, of Colorado; W. T. original members shall consist of the present Gilbert, of Connecticut; William J. Simpson, of Civil Air Patrol membership, numbering more Delaware; Zack T. Mosley, of Florida; J. L. Dob- than one hundred thousand senior and cadet bins, of Georgia; Leverett Davis, of Idaho; Gor- members. don A. DaCosta, of Illinois; Walker W. Winslow, (July 1, 1946, ch. 527, § 3, 60 Stat. 346.) of Indiana; Don C. Johnston, of Iowa; J. Howard Wilcox, of Kansas; W. S. Rinehart, of Kentucky; SECTION REFERRED TO IN OTHER SECTIONS Richard G. Jones, of Louisiana; Guy P. Gannett, This section is referred to in sections 201, 206 of this of Maine; Edward R. Fenimore, of Maryland; title. John Shennett, of Massachusetts; Ray R. Baker, of Michigan; Clayton N. Wulff, of Minnesota; J. § 204. Prohibition against issuance of stock or R. Dowd, of Mississippi; L. W. Greene, of Mis- business activities; completion of organiza- souri; Roy W. Milligan, of Montana; Rudy C. tion Mueller, of Nebraska; Eugene H. Howell, of Ne- vada; John F. Brown, of New Hampshire; Frank (a) The corporation shall have no power to D. Carvin, of New Jersey; Lewis W. Graham, of issue capital stock or engage in business for pe- New Mexico; Stuart C. Welch, of New York; cuniary profit or gain, its objects and purposes Frank E. Dawson, of North Carolina; Irven A. being solely of a benevolent character and not Myhra, of North Dakota; George A. Stone, of for the pecuniary profit or gain of its members. Ohio; W. H. Shockey, of Oklahoma; G. Robert (b) The persons named in section 201 of this Dodson, of Oregon; Phillip F. Neuweiler, of title, their associates, and successors are au- Pennsylvania; Norris W. Rakestraw, of Rhode Is- thorized to complete the organization of the cor- land; Dexter C. Martin, of South Carolina; poration by the selection of officers, the adop- James R. Barnett, of South Dakota; W. C. tion of a constitution and bylaws, the promulga- Whelen, of Tennessee; D. Harold Byrd, of Texas; tion of rules or regulations that may be nec- Joseph D. Bergin, of Utah; William V. Mason, of essary for the accomplishment of the purposes Vermont; Allan C. Perkinson, of Virginia; E. R. of this corporation, and the doing of such other Schiller, of Washington; Hubert H. Stark, of acts as may be necessary for such purposes. West Virginia; John F. Stratton, of Wisconsin; (July 1, 1946, ch. 527, § 4, 60 Stat. 347.) and Albert W. Dickinson, Junior, of Wyoming, and their associates and successors, are incor- SECTION REFERRED TO IN OTHER SECTIONS porated and declared to be a body corporate by This section is referred to in sections 201, 206 of this the name of the Civil Air Patrol (hereinafter re- title. ferred to as the ‘‘corporation’’). § 205. Powers of corporation (July 1, 1946, ch. 527, § 1, 60 Stat. 346.) The corporation shall have perpetual succes- SECTION REFERRED TO IN OTHER SECTIONS sion and power— This section is referred to in sections 204, 206 of this (a) To sue and be sued; title. (b) To acquire, hold, mortgage, and dispose of such real and personal property as may be nec- § 202. Objects and purposes of corporation essary for its corporate purposes; The objects and purposes of the corporation (c) To accept gifts, legacies, and devises which shall be— will further the corporate purposes; (a) To provide an organization to encourage (d) To adopt and alter a corporate seal; and aid American citizens in the contribution of (e) To adopt and alter a constitution, bylaws, their efforts, services, and resources in the de- rules and regulations, not inconsistent with law; velopment of aviation and in the maintenance of (f) To establish and maintain offices for the air supremacy, and to encourage and develop by conduct of the affairs of the corporation in the example the voluntary contribution of private District of Columbia and in the several States citizens to the public welfare; and Territories of the United States; (b) To provide aviation education and training (g) To do any and all acts and things necessary especially to its senior and cadet members; to and proper to carry into effect the objects and encourage and foster civil aviation in local com- purposes of the corporation. § 206 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 72

(July 1, 1946, ch. 527, § 5, 60 Stat. 347.) Sec. 234. Loans to officers; liability. SECTION REFERRED TO IN OTHER SECTIONS 235. Repealed. This section is referred to in sections 201, 206 of this 236. Headquarters; agent for service of process. title. 237. Agents for service of process. 238. Exclusive right to name, seals, emblems, and § 206. Exclusive right to name, insignia, copy- badges. rights, emblems and badges 239. Reservation of right to amend or repeal chapter. The corporation shall have the sole and exclusive right to the name ‘‘Civil Air Patrol’’ and to § 221. Corporation created have and to use, in carrying out its purposes, all The following-named persons, to wit, Colonel insignia, copyrights, emblems and badges, de- Clarence E. Barnes, Military Intelligence Re- scriptive or designating marks, and words or serve, Guthrie, Oklahoma; Colonel Henry G. phrases now or prior to July 1, 1946 used by the Nulton, Infantry Reserve, 2 Broad Street, Eliza- Civil Air Patrol in carrying out its program: beth, New Jersey; Colonel Horace B. Hanson, Provided, however, That no powers or privileges Junior, Corps of Engineers Reserve, 700 Eighth herein granted shall interfere or conflict with Terrace, West Birmingham 4, Alabama; Briga- established or vested rights. dier General Donald B. Adams, Organized Re- (July 1, 1946, ch. 527, § 6, 60 Stat. 347.) serve Corps, 391 Beachmont Drive, New Ro- chelle, New York; Commander John P. Bracken, REFERENCES IN TEXT United States Naval Reserve, 2107 Fidelity- Herein, referred to in text, means act July 1, 1946, Philadelphia Trust Building, Philadelphia 9, which is classified to sections 201 to 208 of this title. Pennsylvania; Captain Robert A. Hall, United States Marine Corps Reserve, 4229 Emerson SECTION REFERRED TO IN OTHER SECTIONS Street, Dallas, Texas; Captain Jesse Draper, This section is referred to in section 201 of this title. United States Naval Reserve, Grant Building, Atlanta, Georgia; Colonel Morris J. Brummer, § 207. Annual report United States Air Force Reserve, 2017 Mariposa The corporation shall make and transmit to Street, Fresno, California; Captain Milton Congress each year a report of its proceedings Zacharias, United States Air Force Reserve, 241 and activities for the preceding calendar year. North Broadview, Wichita, Kansas; Captain Richard L. Wynes, United States Air Force Re- (July 1, 1946, ch. 527, § 7, 60 Stat. 347.) serve, 2360 Coates Street, Dubuque, Iowa; Lieu- SECTION REFERRED TO IN OTHER SECTIONS tenant Colonel Thomas H. King, Judge Advocate This section is referred to in sections 201, 206 of this Generals Corps, Reserve, 5024 Bradley Boule- title. vard, Chevy Chase, Maryland; Major Guilford D. Cummings, Junior, Corps of Engineers Reserve, § 208. Reservation of right to amend or repeal 2317 Stary Avenue, Schenectady, New York; chapter Lieutenant Colonel Harry P. Abbott, Chaplain Reserve, 6510 Cautrell Road, Little Rock, Arkan- The right to alter, amend, or repeal this chap- sas; Colonel Edward M. Silverberg, Dental Corps ter is expressly reserved. Reserve, 809 Republic Building, Denver 2, Colo- (July 1, 1946, ch. 527, § 8, 60 Stat. 347.) rado; Colonel Eugene P. Walters, Field Artillery Reserve, First Military Government Battalion, SECTION REFERRED TO IN OTHER SECTIONS A.P.O. 154, care of Postmaster, New York, New This section is referred to in sections 201, 206 of this York; Lieutenant Commander L. R. Smith, title. United States Naval Reserve, E. S. S.- CHAPTER 12—RESERVE OFFICERS INDGHQ–SCAP, A. P. O. 500, San Francisco, ASSOCIATION California; Colonel William H. Neblett, United States Air Force Reserve, 815 Fifteenth Street Sec. Northwest, Washington, District of Columbia; 221. Corporation created. Brigadier General E. A. Evans, Organized Re- 222. Completion of organization. serve Corps, 6336 Thirty-first Place Northwest, 223. Object and purpose of corporation. Washington, District of Columbia; Colonel C. M. 224. Powers of corporation. 225. Membership. Boyer, Honorary Reserve, 3518 South Utah 226. Officers. Street, Fairlington, Virginia; Colonel John P. 227. National executive committee. Oliver, Judge Advocates General Corps, Reserve, (a) Composition. 4524 Fulton Avenue, Van Nuys, California; Colo- (b) Election of national officers; tenure; nel John T. Carlton, Armored Cavalry Reserve, appointments. 1617 Crestwood Drive, Alexandria, Virginia, (c) Composition of national convention. their successors, and persons admitted to mem- (d) Composition of initial national execu- bership pursuant to the provisions of this chap- tive committee. (e) Voting. ter, are created a body corporate by the name of 228. Acquisition of assets and liabilities of exist- Reserve Officers Association of the United ing association. States (hereinafter referred to as the ‘‘corpora- 229. Prohibition against issuance of stock or busi- tion’’), and by such name shall be known, and ness activities. have perpetual succession and the powers, limi- 230. Nonpolitical nature of corporation. tations, and restrictions contained in this chap- 231. Distribution of income or assets to members. ter. 232. Liability for acts of officers and agents. 233. Books and records; inspection. (June 30, 1950, ch. 431, § 1, 64 Stat. 312.) Page 73 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 227

SECTION REFERRED TO IN OTHER SECTIONS presidents, three national executive committee- This section is referred to in section 222 of this title. men, an executive director, a national treasurer, judge advocate, surgeon, chaplain, historian, § 222. Completion of organization public relations officer, and such other officers as may be determined in national convention by A majority of the persons named in section 221 the corporation. of this title and other persons selected from the membership of the Reserve Officers Association (June 30, 1950, ch. 431, § 6, 64 Stat. 313.) of the United States, an unincorporated association with national headquarters in the District § 227. National executive committee of Columbia, met in national convention in Den- (a) Composition ver, Colorado, on June 16, 17, 18, and 19, 1948, and The governing body of the corporation shall be then and there, by and through duly elected a national executive committee consisting of delegates, adopted a national constitution and the president, the last past president, three vice bylaws, elected national officers for such asso- presidents, three junior vice presidents, three ciation, and did other acts and things necessary national executive committeemen, and the exec- to the organization and continuance of the asso- utive director. Each of such persons constitut- ciation. Such meeting in national convention, ing the national executive committee, except and the doing of such acts and things, on such the executive director, shall have one vote upon dates, shall be held and considered to be a com- all matters determined by the committee. pletion of the corporate organization of the Re- serve Officers Association of the United States, (b) Election of national officers; tenure; appoint- the corporation created by this chapter. ments The national officers of the corporation shall (June 30, 1950, ch. 431, § 2, 64 Stat. 313.) be elected at an annual national convention and § 223. Object and purpose of corporation shall hold office for one year or until their successors have been duly elected and qualified, ex- The object and purpose of the corporation cept the executive director, the national treas- shall be to support a military policy for the urer, and the national public relations officer, United States that will provide adequate na- who shall be appointed by the national execu- tional security and to promote the development tive committee. In the event of the death, in- and execution thereof. ability to serve, or resignation of any member of (June 30, 1950, ch. 431, § 3, 64 Stat. 313.) the national executive committee, other than the last past president or the president, the va- § 224. Powers of corporation cancy shall be filled by the existing members of the national executive committee. Any person The corporation shall have perpetual succes- appointed by the committee to fill a vacancy sion and power— shall serve until the next national convention (1) to sue and be sued; when his successor shall be elected for the un- (2) to acquire, hold, lease, and dispose of expired term, if any, caused by the vacancy. The such real and personal property as may be nec- national vice president of the same service as essary to carry out the corporate object and the president shall assume the duties and have purpose; the powers of the president in the event of his (3) to accept gifts, legacies, and devises in death, inability to serve, resignation, or ab- furtherance of the corporate object and pur- sence. pose; (4) to adopt and alter a corporate seal; (c) Composition of national convention (5) to adopt and alter a constitution and by- The national convention shall be composed of laws not inconsistent with the laws of the delegates elected by the various departments. United States or of any State; (d) Composition of initial national executive (6) to establish, regulate, and discontinue committee subordinate departmental subdivisions and The present national executive committee is local chapters; composed of the following: Colonel Clarence E. (7) to adopt and alter emblems and badges; Barnes, Military Intelligence Reserve, Guthrie, (8) to publish a newspaper, magazine, or Oklahoma; Colonel William H. Neblett, United other publications; and States Air Force Reserve, 815 Fifteenth Street (9) to do any and all acts and things nec- Northwest, Washington, District of Columbia; essary and proper to carry out the object and Colonel Henry G. Nulton, Infantry Reserve, 2 purpose of the corporation. Broad Street, Elizabeth, New Jersey; Com- (June 30, 1950, ch. 431, § 4, 64 Stat. 313.) mander John P. Bracken, United States Naval Reserve, 2107 Fidelity-Philadelphia Trust Build- § 225. Membership ing, Philadelphia 9, Pennsylvania; Colonel Mor- Eligibility for membership in the corporation ris J. Brummer, United States Air Force Re- shall be determined according to the constitu- serve, 2017 Mariposa Street, Fresno, California; tion and bylaws of the corporation. Colonel Horace B. Hanson, Junior, Corps of En- gineers Reserve, 700 Eighth Terrace, West Bir- (June 30, 1950, ch. 431, § 5, 64 Stat. 313.) mingham 4, Alabama; Captain Robert A. Hall, United States Marine Corps Reserve, 4229 Emer- § 226. Officers son Street, Dallas, Texas; Captain Milton Zacha- Officers of the corporation shall be a presi- rias, United States Air Force Reserve, 241 North dent, three vice presidents, three junior vice Broadview, Wichita, Kansas; Brigadier General § 228 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 74

Donald B. Adams, Organized Reserve Corps, 391 also keep minutes of the proceedings of the na- Beachmont Drive, New Rochelle, New York; tional conventions, the national executive com- Captain Jesse Draper, United States Naval Re- mittee, and the national council. It shall keep serve, Grant Building, Atlanta, Georgia; Captain at its principal office a record of the names and Richard L. Wynes, United States Air Force Re- addresses of its members entitled to vote. All serve, 2360 Coates Street, Dubuque, Iowa; and books and records of the corporation may be in- Brigadier General E. A. Evans, Organized Re- spected by any member or his agent or attorney serve Corps, 6336 Thirty-first Place Northwest, for any proper purpose at any reasonable time. Washington, District of Columbia. (June 30, 1950, ch. 431, § 13, 64 Stat. 314.) (e) Voting In conducting the official business of any de- § 234. Loans to officers; liability partment or chapter each active member of such department or chapter shall have one vote. The corporation shall not make any loans to its officers or members of the national executive (June 30, 1950, ch. 431, § 7, 64 Stat. 313.) committee. Any member of the national executive committee who votes for or assents to the § 228. Acquisition of assets and liabilities of exist- making of a loan or advance to an officer of the ing association corporation, and any officer who participates in The corporation may acquire any or all of the the making of such a loan or advance, shall be assets of the unincorporated association, known jointly and severally liable to the corporation as the Reserve Officers Association of the for the amount of such loan until the repayment United States, upon discharging or satisfac- thereof. torily providing for the payment and discharge (June 30, 1950, ch. 431, § 14, 64 Stat. 314.) of all the liabilities of such unincorporated association. § 235. Repealed. Pub. L. 88–504, § 4(12), Aug. 30, (June 30, 1950, ch. 431, § 8, 64 Stat. 314.) 1964, 78 Stat. 637 § 229. Prohibition against issuance of stock or Section, act June 30, 1950, ch. 431, § 15, 64 Stat. 315, re- business activities lated to audit of financial transactions and report of such audit to Congress. See sections 1101 to 1103 of this The corporation shall have no power to issue title. capital stock or to engage in business for pecuniary profit or gain. § 236. Headquarters; agent for service of process (June 30, 1950, ch. 431, § 9, 64 Stat. 314.) The national headquarters of the corporation CROSS REFERENCES shall be located in the District of Columbia. The corporation shall maintain at all times in the Exemption from income tax of certain organizations, see section 501 of Title 26, Internal Revenue Code. District a designated agent authorized to accept service of legal process for the corporation. No- § 230. Nonpolitical nature of corporation tice to or service upon such agent shall be deemed to be notice to or service upon the cor- The corporation, and its members and officers poration. as such, shall not contribute to or otherwise support or assist any political party or can- (June 30, 1950, ch. 431, § 16, 64 Stat. 315.) didate for elective public office. § 237. Agents for service of process (June 30, 1950, ch. 431, § 10, 64 Stat. 314.) As a condition precedent to the exercise of any § 231. Distribution of income or assets to mem- power or privilege granted or conferred under bers this chapter, the corporation shall file in the of- No part of the income or assets of the corpora- fice of the secretary of state, or similar officer, tion shall inure to any member or officer therein each State and in each Territory or posses- of, or be distributable to any such person except sion of the United States, in which subordinate upon dissolution and final liquidation of the cor- departments and local chapters are organized, poration when, after the discharge or satisfac- the name and post office address of an author- tion of all outstanding obligations and liabil- ized agent in such State upon whom legal proc- ities, the remaining assets of the corporation ess or demands against the corporation may be shall be divided equally among the then active served. members and officers. (June 30, 1950, ch. 431, § 17, 64 Stat. 315.) (June 30, 1950, ch. 431, § 11, 64 Stat. 314.) § 238. Exclusive right to name, seals, emblems, § 232. Liability for acts of officers and agents and badges The corporation shall be liable for the acts of The corporation and its subordinate depart- its officers and agents when acting within the mental subdivisions and local chapters shall scope of their authority. have the sole and exclusive right to have, and to (June 30, 1950, ch. 431, § 12, 64 Stat. 314.) use in carrying out its object and purpose, the name of ‘‘Reserve Officers Association of the § 233. Books and records; inspection United States’’ and such seals, emblems, and badges as the corporation may lawfully adopt. The corporation shall keep current and complete books and records of account and shall (June 30, 1950, ch. 431, § 18, 64 Stat. 315.) Page 75 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 253

§ 239. Reservation of right to amend or repeal or usual in such institution, and to report the chapter same to Congress. The right to alter, amend, or repeal this chap- (Mar. 3, 1863, ch. 111, § 2, 12 Stat. 806; July 14, ter is expressly reserved. 1870, ch. 264, 16 Stat. 277.)

(June 30, 1950, ch. 431, § 19, 64 Stat. 315.) CODIFICATION CHAPTER 13—NATIONAL ACADEMY OF Provisions of this section which limited the National Academy of Sciences to not more than fifty ordinary SCIENCES members were omitted by act July 14, 1870. Sec. 251. Corporation created. § 253. Meeting; duties; expenses and compensa- 252. Powers of corporation. tion 253. Meeting; duties; expenses and compensation. 254. Acquisition of property by devise, bequest, The National Academy of Sciences shall hold donation, or otherwise; limitation of real an annual meeting at such place in the United estate. States as may be designated, and the academy shall, whenever called upon by any department § 251. Corporation created of the Government, investigate, examine, Louis Agassiz, Massachusetts; J. H. Alexander, experiment, and report upon any subject of Maryland; S. Alexander, New Jersey; A. D. science or art, the actual expense of such inves- Bache, at large; F. B. Barnard, at large; J. G. tigations, examinations, experiments, and re- Barnard, United States army, Massachusetts; W. ports, to be paid from appropriations which may H. C. Bartlett, United States Military Academy, be made for the purpose, but the academy shall Missouri; U. A. Boyden, Massachusetts; Alexis receive no compensation whatever for any serv- Caswell, Rhode Island; William Chauvenet, Mis- ices to the Government of the United States. souri; J. H. C. Coffin, United States Naval Acad- (Mar. 3, 1863, ch. 111, § 3, 12 Stat. 806.) emy, Maine; J. A. Dahlgren, United States navy, Pennsylvania; J. D. Dana, Connecticut; Charles EX. ORD. NO. 2859. NATIONAL RESEARCH COUNCIL OF NATIONAL ACADEMY OF SCIENCES H. Davis, United States navy, Massachusetts; George Engelmann, St. Louis, Missouri; J. F. Ex. Ord. No. 2859, May 11, 1918, as amended by Ex. Frazer, Pennsylvania; Wolcott Gibbs, New York; Ord. No. 10668, May 10, 1956, 21 F.R. 3155; Ex. Ord. No. J. M. Gilless, United States navy, District of Co- 12832, Jan. 19, 1993, 58 F.R. 5905, provided: National Research Council of the National Academy lumbia; A. A. Gould, Massachusetts; B. A. of Sciences Gould, Massachusetts; Asa Gray, Massachusetts; WHEREAS (1) the congressional charter of the Na- A. Guyot, New Jersey; James Hall, New York; tional Academy of Sciences (‘‘Academy’’) charges it, Joseph Henry, at large; J. E. Hilgard, at large, upon call from any U.S. Government Department, to Illinois; Edward Hitchcock, Massachusetts; J. S. investigate, examine, experiment, and report upon any Hubbard, United States naval observatory, Con- subject of science or art and (2) the actual expenses of necticut; A. A. Humphreys, United States army, the Academy for such investigations, examinations, Pennsylvania; J. L. Le Conte, United States experiments, and reports shall be paid to the Academy through one or more of the following: private gifts and army, Pennsylvania; J. Leidy, Pennsylvania; J. bequests; appropriations for the benefit of the Acad- P. Lesley, Pennsylvania; M. F. Longstreth, emy; grants-in-aid, contracts, and other forms of finan- Pennsylvania; D. H. Mahan, United States Mili- cial agreement with executive departments and agen- tary Academy, Virginia; J. S. Newberry, Ohio; cies, provided that the Academy shall receive no com- H. A. Newton, Connecticut; Benjamin Peirce, pensation whatever for any services to the Government Massachusetts; John Rodgers, United States of the United States; and navy, Indiana; Fairman Rogers, Pennsylvania; WHEREAS the National Research Council (‘‘Coun- R. E. Rogers, Pennsylvania; W. B. Rogers, Mas- cil’’) was organized in 1916 at the request of the Presi- dent by the National Academy of Sciences, under its sachusetts; L. M. Rutherford, New York; Joseph congressional charter, as a measure of national pre- Saxton, at large; Benjamin Silliman, Connecti- paredness; and cut; Benjamin Silliman, junior, Connecticut; WHEREAS the Council is the principal operating Theodore Strong, New Jersey; John Torrey, New agency of the National Academy of Sciences and the York; J. G. Totten, United States army, Con- National Academy of Engineering, the latter having necticut; Joseph Winlock, United States Nau- been established in 1964 under the charter of the Na- tical Almanac, Kentucky; Jeffries Wyman, Mas- tional Academy of Sciences; and sachusetts; J. D. Whitney, California, their asso- WHEREAS the Institute of Medicine of the National Academy of Sciences, established in 1970 under the ciates and successors duly chosen, are incor- Academy’s charter, conducts its programs and activi- porated, constituted, and declared to be a body ties under the approval, operating, and review proce- corporate, by the name of the National Academy dures of the Council; and of Sciences. WHEREAS in recognition of the work accomplished through the Council in organizing research, in further- (Mar. 3, 1863, ch. 111, § 1, 12 Stat. 806.) ing science, and in securing cooperation of government § 252. Powers of corporation and nongovernment agencies in the solution of their problems, the Council has been perpetuated by the The National Academy of Sciences shall have Academy as requested by the President in Executive power to make its own organization, including Order No. 2859 of May 11, 1918; and its constitution, by-laws, and rules and regula- WHEREAS the effective prosecution of the Council’s work may require the close cooperation of the sci- tions; to fill all vacancies created by death, res- entific and technical branches of the Government, both ignation, or otherwise; to provide for the elec- military and civil, and makes participation by officers tion of foreign and domestic members, the divi- and employees of the Government in the work of the sion into classes, and all other matters needful Council desirable; and § 254 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 76

NOW, THEREFORE, by the authority vested in me as § 254. Acquisition of property by devise, bequest, President by the Constitution and the laws of the donation, or otherwise; limitation of real es- United States of America, it is ordered as follows: tate 1. The functions of the Council shall be as follows: The National Academy of Sciences, incor- (a) To stimulate research in the mathematical, physical, biological, environmental, and social sciences, and porated by this chapter, be, and the same is, au- in the application of these sciences to engineering, ag- thorized and empowered to receive, by devise, riculture, medicine, and other useful arts, with the ob- bequest, donation, or otherwise, either real or ject of increasing knowledge, of strengthening the na- personal property, and to hold the same abso- tional security including the contribution of science lutely or in trust, and to invest, reinvest, and and engineering to economic growth, of ensuring the manage the same in accordance with the provi- health of the American people, of aiding in the attain- sions of its constitution, and to apply said prop- ment of environmental goals, and of contributing in erty and the income arising therefrom to the ob- other ways to the public welfare. jects of its creation and according to the in- (b) To survey the broad possibilities of science, to for- structions of the donors: Provided, however, That mulate comprehensive projects of research, and to de- the Congress may at any time limit the amount velop effective means of utilizing the scientific and technical resources of the country for dealing with of real estate which may be acquired and the such projects. length of time the same may be held by said Na- tional Academy of Sciences. (c) To promote cooperation in research, at home and abroad, in order to secure concentration of effort, mini- (June 20, 1884, ch. 107, 23 Stat. 50; May 27, 1914, mize duplication, and stimulate progress; but in all co- ch. 101, § 1, 38 Stat. 383.) operative undertakings to give encouragement to individual initiative, as fundamentally important to the CODIFICATION advancement of science. Section was not enacted as part of act Mar. 3, 1863, (d) To serve as a means of bringing American and for- which comprises this chapter. eign investigators into active cooperation with the sci- Act May 27, 1914, extended the right to receive prop- entific and technical services of the Federal Govern- erty. ment. RESERVATION OF RIGHT TO ALTER, AMEND, OR REPEAL (e) To direct the attention of scientific and technical investigators to the importance of military and indus- Section 2 of act May 27, 1914, provided: ‘‘That the trial problems in connection with national security, to right to alter, amend, or repeal this Act [amending this the importance of environmental problems in connec- section] is hereby expressly reserved.’’ tion with public health and the economy, and to aid in CHAPTER 14—FUTURE FARMERS OF the solution of these problems by organizing specific research. AMERICA (f) To gather and collate scientific and technical in- Sec. formation, at home and abroad, in cooperation with 271. Corporation created. governmental and other agencies, and to disseminate 272. Completion of organization. such information to duly accredited persons and the 273. Objects and purposes of corporation. public. 274. Powers of corporation. 2. Scientists, engineers, and other technically quali- 275. Headquarters and principal office; territorial fied professionals who are officers or employees of de- scope of activities; agent for service of proc- partments and agencies of the executive branch of the ess. Government are encouraged to participate in the work 276. Membership; voting rights. of the Council as requested by the Council to the extent 277. National officers. authorized by the head of the officer’s or employee’s (a) Composition. agency or department and permitted by law. (b) Board of student officers. (c) Election. 3. To the extent permitted by law and regulation, and (d) Vote at national convention. in accordance with the congressional charter of the 278. Board of directors. Academy, the actual expense of investigations, exami- (a) Composition. nations, experiments, and reports by the Academy for (b) Tenure. the executive branch of the Government shall be paid (c) Meetings. to the Academy through one or more of the following: (d) Governing committee. private gifts and bequests; appropriations for the bene- (e) Transition board. fit of the Academy; grants-in-aid, contracts, and other 279. Restrictions. forms of financial agreement with executive depart- (a) Distribution of income or assets to ments and agencies. The Academy shall receive no members. compensation whatever for any services to the Govern- (b) Loans. ment of the United States. Further, the Academy shall (c) Prizes, awards, grants, or loans to be subject to all provisions of OMB Circular A–122, student officers and members meet- ‘‘Cost Principles for Non-Profit Organizations,’’ and to ing criteria. such other requirements regarding or limiting the 280. Nonpolitical nature of corporation. Academy’s recovery of costs as the Director of the Of- 281. Liability for acts of officers and agents. fice of Management and Budget may specify from time 282. Prohibition against issuance of stock or pay- to time in writing to the Academy and to agencies and ment of dividends. departments of the Government. 283. Books and records; inspection. 4. When a department or agency of the executive 284. Repealed. branch of the Government determines that the Acad- 285. Use of assets on dissolution or liquidation. emy, because of its unique qualifications, is the only 286. Exclusive right to name, emblems, seals, and source that can provide the measure of expertise, inde- badges. pendence, objectivity, and audience acceptance nec- 287. Agents for service of process. essary to meet the department’s or agency’s program 288. Availability of personnel, services, and facili- requirements, acquisition of services by the Academy ties of Department of Education. may be obtained on a noncompetitive basis if otherwise 289. Acquisition of assets and liabilities of exist- in accordance with applicable law and regulations. ing corporation. Page 77 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 274

Sec. their permanent establishment in farming by 290. Effective date. (a) encouraging improvement in scholarship; 291. Reservation of right to amend or repeal chap- (b) providing prizes and awards to deserving ter. students who have achieved distinction in vo- § 271. Corporation created cational agriculture, including farm mechan- ics activities on a local, State, or national The following persons: William T. Spanton, basis; and (c) assisting financially, through Washington, District of Columbia; Dudley M. loans or grants, deserving students in all-day Clements, College Park, Maryland; Herbert B. vocational agriculture classes and young Swanson, Washington, District of Columbia; R. farmers under thirty years of age who were Edward Naugher, Arlington, Virginia; Elmer J. former students in all-day vocational agri- Johnson, Arlington, Virginia; Rodolph D. Ander- culture classes in becoming satisfactorily es- son, Columbia, South Carolina; Earl H. Little, tablished in a farming occupation; and Concord, New Hampshire; Bert L. Brown, Olym- (8) to cooperate with others, including State pia, Washington; and Ralph A. Howard, Colum- boards for vocational education, in accom- bus, Ohio, are created a body corporate by the plishing the above purposes; and to engage in name of Future Farmers of America (hereinafter such other activities, consistent with the fore- referred to as the ‘‘corporation’’) and by such going purposes, determined by the governing name shall be known and have perpetual succes- body to be for the best interests of the cor- sion and the powers and limitations contained poration. in this chapter. (Aug. 30, 1950, ch. 823, § 3, 64 Stat. 563.) (Aug. 30, 1950, ch. 823, § 1, 64 Stat. 563.) REFERENCES IN TEXT SECTION REFERRED TO IN OTHER SECTIONS The Smith-Hughes Vocational Education Act, re- This section is referred to in sections 272, 278, 290 of ferred to in par. (1), is act Feb. 23, 1917, ch. 114, 39 Stat. this title. 929, as amended, which was classified to sections 11 to 15 and 16 to 28 of Title 20, Education, prior to repeal by § 272. Completion of organization Pub. L. 105–33, title VI, § 6201, Aug. 5, 1997, 111 Stat. 653. The persons named in section 271 of this title For complete classification of this Act to the Code, see are authorized to meet to complete the organi- Short Title note set out under section 11 of Title 20 and Tables. zation of the corporation by the selection of offi- The Vocational Education Act of 1946, referred to in cers, the adoption of regulations and bylaws, par. (1), is act June 8, 1936, ch. 541, 49 Stat. 1488, as and the doing of such other acts as may be nec- amended, which was classified to sections 15h to 15ggg essary for such purpose. of Title 20, prior to repeal by Pub. L. 90–576, title I, § 103, Oct. 16, 1968, 82 Stat. 1091. (Aug. 30, 1950, ch. 823, § 2, 64 Stat. 563.) SECTION REFERRED TO IN OTHER SECTIONS § 273. Objects and purposes of corporation This section is referred to in section 274 of this title. The objects and purposes of the corporation § 274. Powers of corporation shall be— (1) to create, foster, and assist subsidiary The corporation shall have power— chapters composed of students and former stu- (1) to sue and be sued, complain, and defend dents of vocational agriculture in public in any court of competent jurisdiction; schools qualifying for Federal reimbursement (2) to adopt, use, and alter a corporate seal; under the Smith-Hughes Vocational Education (3) to choose such officers, managers, agents, Act or the Vocational Education Act of 1946, and employees as the business of the corpora- and associations of such chapters in the sev- tion may require; eral States and Territories of the United (4) to adopt and alter bylaws and regula- States; tions, not inconsistent with the laws of the (2) to develop character, train for useful citi- United States or any State in which such cor- zenship, and foster patriotism, and thereby to poration is to operate, for the management of develop competent, aggressive rural and agri- its property and the regulation of its affairs, cultural leadership; including the establishment and maintenance (3) to create and nurture a love of country of local chapters and State associations of life by encouraging members to improve the chapters; farm home and its surroundings, to develop or- (5) to contract and be contracted with; ganized rural recreational activities, and to (6) to take and hold by lease, gift, purchase, create more interest in the intelligent choice grant, devise, or bequest any property, real or of farming occupations; personal, necessary for attaining the objects (4) to encourage the practice of thrift; and accomplishing the purposes of the cor- (5) to procure for and distribute to State as- poration, subject to applicable provisions of sociations, local chapters, and members all of- law of any State (A) governing the amount or ficial Future Farmers of America supplies and kind of real and personal property which may equipment; be held by, or (B) otherwise limiting or con- (6) to publish an official magazine and other trolling the ownership of real and personal publications for the members of the corpora- property by, a corporation operating in such tion; State; (7) to strengthen the confidence of farm boys (7) to transfer and convey real or personal and young men in themselves and their work, property; to encourage members in the development of (8) to borrow money for the purposes of the individual farming programs, and to promote corporation, issue bonds therefor, and secure § 275 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 78

the same by mortgage, subject to all applica- delegates assembled in the annual national con- ble provisions of Federal or State law; vention from among qualified members of the (9) to use the corporate funds to give prizes, corporation, except that the national advisor awards, loans, and grants to deserving stu- shall be the Secretary of Education, the execu- dents and young farmers for the purposes set tive secretary shall be a member of the Depart- forth in section 273 of this title; ment of Education, and the treasurer shall be an (10) to publish a magazine and other publica- employee or member of a State agency that di- tions; rects or supervises a State program of agricul- (11) to procure for and distribute to State as- tural education under the provisions of the sociations, local chapters, and members all of- Smith-Hughes Vocational Education Act or the ficial Future Farmers of America supplies and Vocational Education Act of 1946. equipment; (12) to adopt emblems and badges; and (d) Vote at national convention (13) to do any and all acts and things nec- In the conduct of the business of the annual essary and proper to carry out the objects and national convention each qualified delegate purposes of the corporation. shall have one vote. (Aug. 30, 1950, ch. 823, § 4, 64 Stat. 564.) (Aug. 30, 1950, ch. 823, § 7, 64 Stat. 565; 1953 Reorg. § 275. Headquarters and principal office; terri- Plan. No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, torial scope of activities; agent for service of 67 Stat. 631; Oct. 17, 1979, Pub. L. 96–88, title III, process § 301(a)(1), (b)(2), title V, § 507, 93 Stat. 677, 678, 692.) The headquarters and principal offices of the corporation shall be located in the District of REFERENCES IN TEXT Columbia, but the activities of the corporation The Smith-Hughes Vocational Education Act, re- shall not be confined to that place but may be ferred to in subsec. (c), is act Feb. 23, 1917, ch. 114, 39 conducted throughout the various States, Terri- Stat. 929, as amended, which was classified to sections tories, and possessions of the United States. The 11 to 15 and 16 to 28 of Title 20, Education, prior to re- corporation shall maintain at all times in the peal by Pub. L. 105–33, title VI, § 6201, Aug. 5, 1997, 111 District of Columbia a designated agent author- Stat. 653. For complete classification of this Act to the Code, see Short Title note set out under section 11 of ized to accept service of process for the corpora- Title 20 and Tables. tion, such designation to be filed in the office of The Vocational Education Act of 1946, referred to in the clerk of the United States District Court for subsec. (c), is act June 8, 1936, ch. 541, 49 Stat. 1488, as the District of Columbia. Notice to or service amended, which was classified to sections 15h to 15q, upon such agent, or mailed to the business ad- 15aa to 15jj, and 15aaa to 15ggg of Title 20, prior to re- dress of such agent, shall be deemed sufficient peal by section 103 of Pub. L. 90–576, title I, Oct. 16, 1968, notice or service upon the corporation. 82 Stat. 1091. (Aug. 30, 1950, ch. 823, § 5, 64 Stat. 565.) TRANSFER OF FUNCTIONS § 276. Membership; voting rights ‘‘Secretary of Education’’ and ‘‘the Department of Education’’ substituted for ‘‘Chief of the Agricultural Eligibility for membership in the corporation Education Service, Office of Education, Department of and the rights and privileges of members shall, Health, Education, and Welfare’’ and ‘‘that service’’, re- except as provided in this chapter, be deter- spectively, in subsec. (c), pursuant to sections 301(a)(1), mined according to the bylaws of the corpora- (b)(2) and 507 of Pub. L. 96–88, which are classified to sections 3441(a)(1), (b)(2) and 3507 of Title 20, Education, tion. In the conduct of official business of any and which transferred all functions of Office of Edu- local chapter each member shall have one vote. cation to Secretary of Education and transferred Office In the conduct of the official business of any of Education to Department of Education. State association each qualified delegate of a Functions of Federal Security Administrator trans- local chapter shall have one vote. ferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred (Aug. 30, 1950, ch. 823, § 6, 64 Stat. 565.) to Department of Health, Education, and Welfare by § 277. National officers section 5 of Reorg. Plan No. 1 of 1953, set out in the Ap- pendix to Title 5, Government Organization and Em- (a) Composition ployees. Federal Security Agency and office of Admin- The national officers of the corporation shall istrator abolished by section 8 of the Reorg. Plan No. 1 be a student president, four student vice presi- of 1953. dents (one from each of four regions of the § 278. Board of directors United States established in the bylaws for purposes of administration of the corporation), a (a) Composition student secretary, an executive secretary, a The governing body of the corporation, which treasurer, and a national advisor. shall exercise the powers herein granted to the (b) Board of student officers corporation, shall be a board of directors com- The national student officers of the corpora- posed of: (1) the Secretary of Education, who tion shall comprise a board of student officers. shall act as chairman; (2) four staff members in It shall be the duty of such board to advise and the Department of Education; and (3) four State make recommendations to the board of directors supervisors of agricultural education. with respect to the conduct of the activities and (b) Tenure business of the corporation. The terms of office of members of the board (c) Election and the method of selection of such members, The national officers of the corporation shall other than ex officio members, shall be pre- be elected annually by a majority vote of the scribed by the bylaws of the corporation. Page 79 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 286

(c) Meetings meeting the criteria established by the board of The board shall meet at least once each year directors for selecting recipients of such bene- at such time and place as may be prescribed by fits. the bylaws. The annual report of the board shall (Aug. 30, 1950, ch. 823, § 9, 64 Stat. 566.) be presented at such meeting. Special meetings of the board may be called at any time by the § 280. Nonpolitical nature of corporation chairman. The corporation, and its members, officers, (d) Governing committee and directors, as such, shall not contribute to or The board may designate the chairman and otherwise support or assist any political party two members of his staff as a governing commit- or candidate for elective public office. tee which, when the board is not in session, shall (Aug. 30, 1950, ch. 823, § 10, 64 Stat. 566.) have and exercise the powers of the board subject to its direction and have the power to au- § 281. Liability for acts of officers and agents thorize the seal of the corporation to be affixed to all papers which may require it. The corporation shall be liable for the acts of its officers and agents when acting within the (e) Transition board scope of their authority. The board of directors which shall serve until the first board is selected as provided in this (Aug. 30, 1950, ch. 823, § 11, 64 Stat. 566.) chapter shall be composed of the nine persons § 282. Prohibition against issuance of stock or named in section 271 of this title. payment of dividends (Aug. 30, 1950, ch. 823, § 8, 64 Stat. 565; 1953 Reorg. Plan. No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, The corporation shall have no power to issue 67 Stat. 631; Oct. 17, 1979, Pub. L. 96–88, title III, any shares or stock, or to declare or pay any § 301(a)(1), (b)(2), title V, § 507, 93 Stat. 677, 678, dividends, its objects and purposes being solely 692.) educational. (Aug. 30, 1950, ch. 823, § 12, 64 Stat. 566.) TRANSFER OF FUNCTIONS ‘‘Secretary of Education’’ and ‘‘Department of Edu- § 283. Books and records; inspection cation’’ substituted for ‘‘Chief of the Agricultural Edu- cation Service, Office of Education, Department of The corporation shall keep correct and com- Health, Education, and Welfare’’ and ‘‘Agricultural plete books and records of account and shall Education Service, Office of Education, Department of also keep minutes of the proceedings of its mem- Health, Education, and Welfare’’, respectively, in sub- bers, the board of directors, and committees sec. (a), pursuant to sections 301(a)(1), (b)(2) and 507 of having any authority under the board of direc- Pub. L. 96–88, which are classified to sections 3441(a)(1), tors; and it shall also keep a record of the names (b)(2), and 3507 of Title 20, Education, and which transferred all functions of Office of Education to Secretary and addresses of its members entitled to vote. of Education and transferred Office of Education to De- All books and records of the corporation may be partment of Education. inspected by any member or his agent or attor- Functions of Federal Security Administrator trans- ney at any reasonable time. ferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred (Aug. 30, 1950, ch. 823, § 13, 64 Stat. 566.) to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out in the Ap- § 284. Repealed. Pub. L. 88–504, § 4(13), Aug. 30, pendix to Title 5, Government Organization and Em- 1964, 78 Stat. 637 ployees. Federal Security Agency and office of Admin- Section, act Aug. 30, 1950, ch. 823, § 14, 64 Stat. 566, re- istrator abolished by section 8 of Reorg. Plan No. 1 of lated to audit of financial transactions and report of 1953. such audit to Congress. See sections 1101 to 1103 of this § 279. Restrictions title. (a) Distribution of income or assets to members § 285. Use of assets on dissolution or liquidation No part of the income or assets of the corpora- Upon final dissolution or liquidation of the tion shall inure to any member, officer, or direc- corporation and after the discharge or satisfac- tor, or be distributable to any such person ex- tion of all outstanding obligations and liabil- cept upon dissolution and final liquidation of ities, the remaining assets of the corporation the corporation as provided in section 285 of this shall be used by the board of directors for the title. benefit of students of vocational agriculture, or (b) Loans be transferred to some recognized educational The corporation shall not make loans to its of- foundation. ficers, directors, or employees. Any director who (Aug. 30, 1950, ch. 823, § 15, 64 Stat. 566.) votes for or assents to the making of a loan to an officer, director, or employee of the corpora- SECTION REFERRED TO IN OTHER SECTIONS tion, and any officer who participates in the This section is referred to in section 279 of this title. making of such a loan shall be jointly and severally liable to the corporation for the amount of § 286. Exclusive right to name, emblems, seals, such loan until the repayment thereof. and badges (c) Prizes, awards, grants, or loans to student of- The corporation, and its duly authorized chap- ficers and members meeting criteria ters and associations of chapters, shall have the This section shall not preclude prizes, awards, sole and exclusive right to use the name of Fu- grants, or loans to student officers and members ture Farmers of America and the initials FFA as § 287 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 80 representing an agricultural membership orga- to Department of Health, Education, and Welfare by nization and such seals, emblems, and badges as section 5 of Reorg. Plan No. 1 of 1953, set out in the Ap- the corporation may lawfully adopt. pendix to Title 5, Government Organization and Em- ployees. Federal Security Agency and Office of Admin- (Aug. 30, 1950, ch. 823, § 16, 64 Stat. 566.) istrator abolished by section 8 of Reorg. Plan No. 1 of 1953. § 287. Agents for service of process § 289. Acquisition of assets and liabilities of exist- As a condition precedent to the exercise of any ing corporation power or privilege granted to the corporation under this chapter, the corporation shall file in The corporation may acquire the assets of the the Office of the Secretary of State, or similar Future Farmers of America, a corporation orga- officer, in each State and in each Territory or nized under the laws of the State of Virginia, possession of the United States in which subor- and of the Future Farmers of America Founda- dinate associations or chapters are organized tion, Incorporated, a corporation organized the name, and post office address of an author- under the laws of the District of Columbia, upon ized agent in such State, Territory, or posses- discharging or satisfactorily providing for the sion upon whom legal process or demands payment and discharge of all of the liabilities of against the corporation may be served. such corporations. (Aug. 30, 1950, ch. 823, § 17, 64 Stat. 567.) (Aug. 30, 1950, ch. 823, § 19, 64 Stat. 567.) § 288. Availability of personnel, services, and fa- § 290. Effective date cilities of Department of Education The provisions of this chapter shall take effect The Secretary of Education is authorized to on the filing, in the office of the clerk of the make available personnel, services, and facili- United States District Court for the District of ties of the Department of Education requested Columbia of affidavits signed by the incorpora- by the board of directors of the corporation to tors named in section 271 of this title to the ef- administer or assist in the administration of the fect that the Virginia corporation known as the business and activities of the corporation. The Future Farmers of America has been dissolved personnel of the Department of Education shall in accordance with law, but only if such affida- not receive any compensation from the corpora- vits are filed within one year from August 30, tion for their services, except that travel and 1950. other legitimate expenses as defined by the Sec- (Aug. 30, 1950, ch. 823, § 20, 64 Stat. 567.) retary of Education and approved by the board of directors of the corporation may be paid. The § 291. Reservation of right to amend or repeal Secretary of Education is also authorized to co- chapter operate with the State boards for vocational The right to alter, amend, or repeal this chap- education to assist in the promotion of the ac- ter is expressly reserved. tivities of the corporation. (Aug. 30, 1950, ch. 823, § 21, 64 Stat. 567.) (Aug. 30, 1950, ch. 823, § 18, 64 Stat. 567; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F.R. CHAPTER 15—MILITARY CHAPLAINS ASSO- 2053, 67 Stat. 631; Oct. 17, 1979, Pub. L. 96–88, title CIATION OF THE UNITED STATES OF III, § 301(a), (b)(2), title V, § 507, 93 Stat. 677, 678, AMERICA 692.) Sec. CODIFICATION 311. Corporation created. 312. Completion of organization. The words ‘‘, with the approval of the Secretary of 313. Purpose of corporation. Health, Education, and Welfare,’’ which followed ‘‘Sec- 314. Powers of corporation. retary of Education’’ the first time it appears and 315. Acquisition of assets and liabilities of exist- ‘‘, with the approval of the Secretary,’’ which followed ing association. ‘‘The Secretary of Education’’ the third time it appears 316. Exclusive right to name. have been omitted in view of transfer of functions (re- 317. Annual report. lating to education) of Secretary of Health, Education, and Welfare to Secretary of Education pursuant to sec- § 311. Corporation created tions 301(a) and 507 of Pub. L. 96–88, which are classified to sections 3441(a) and 3507 of Title 20, Education. This Alva J. Brasted, of Virginia; Henry Darling- transfer would result in these phrases being redundant ton, of New York; Simpson B. Daugherty, of in that they would provide for the Secretary to obtain Pennsylvania; Monroe Drew, Junior, of Califor- his own approval. nia; Clifford M. Drury, of California; Harold G. TRANSFER OF FUNCTIONS Elsam, of Illinois; Edward L. R. Elson, of Cali- ‘‘Secretary of Education’’ substituted for ‘‘United fornia; Ira S. Ernst, of the District of Columbia; States Commissioner of Education’’, ‘‘Commissioner of Joshua L. Goldberg, of New York; Augustus S. Education’’, and ‘‘Commissioner’’ and ‘‘Department of Goodyear, of New York; Cecil H. Lang, of Texas; Education’’ was substituted for ‘‘Office of Education’’ Daniel Lynch, of Massachusetts; Arlington A. in text pursuant to sections 301(a)(1), (b)(2) and 507 of McCallum, of the District of Columbia; John W. Pub. L. 96–88, which are classified to sections 3441(a)(1), McQueen, of Alabama; Cyrus W. Perry, of New (b)(2) and 3507 of Title 20, Education, and which trans- York; Frederick C. Reynolds, of Maryland; ferred all functions of Commissioner of Education to George F. Rixey, of Missouri; Patrick J. Ryan, Secretary of Education and transferred Office of Edu- cation to Department of Education. of California; Harris E. Starr, of Connecticut; Functions of Federal Security Administrator trans- Gustav Stearns, of Wisconsin; Edward J. Smith, ferred to Secretary of Health, Education, and Welfare of Iowa; Francis V. Sullivan, of Massachusetts; and all agencies of Federal Security Agency transferred John M. Thomas, of Vermont; Edmund W. Page 81 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 341

Weber, of Minnesota; Robert J. White, of Maine; as may be necessary or appropriate for its cor- Julian E. Yates, of the District of Columbia; porate purposes; (j) may sue and be sued; and (k) Nils M. Ylvisaker, of Minnesota; and their suc- generally may do any and all lawful acts nec- cessors, who are, or who may become, members essary or appropriate to carry out the purposes of The Military Chaplains Association of the for which the corporation is created. United States of America, a national association (Sept. 20, 1950, ch. 956, § 4, 64 Stat. 868.) of chaplains and former chaplains of the armed services, and such national associations are cre- § 315. Acquisition of assets and liabilities of exist- ated and declared to be a body corporate by the ing association name of ‘‘The Military Chaplains Association of the United States of America’’. Said corporation may acquire any or all assets of the existing national association known as (Sept. 20, 1950, ch. 956, § 1, 64 Stat. 868.) The Military Chaplains Association of the SECTION REFERRED TO IN OTHER SECTIONS United States of America upon discharging or satisfactorily providing for the payment and dis- This section is referred to in section 312 of this title. charge of all liabilities. § 312. Completion of organization (Sept. 20, 1950, ch. 956, § 5, 64 Stat. 869.) Said persons named in section 311 of this title, § 316. Exclusive right to name and such other persons as may be selected from among the membership of The Military Chap- Said corporation and its area, State, and local lains Association of the United States of Amer- chapters shall have the sole and exclusive right ica, a national association of chaplains and to have and to use in carrying out its purpose former chaplains of the armed services, are here- the name ‘‘The Military Chaplains Association by authorized to meet to complete the organiza- of the United States of America’’. tion of said corporation by the selection of offi- (Sept. 20, 1950, ch. 956, § 6, 64 Stat. 869.) cers, the adoption of a constitution and bylaws, and to do all other things necessary to carry § 317. Annual report into effect the provisions of this chapter, at which meeting any person duly accredited as a The corporation shall, on or before the 1st day delegate from any area, State, or local chapter of September in each year, transmit to Congress of the organization of the existing national asso- a report of its proceedings for the preceding cal- ciation known as The Military Chaplains Asso- endar year. Such reports shall not be printed as ciation of the United States of America, shall be public documents. permitted to participate in the proceedings (Sept. 20, 1950, ch. 956, § 7, 64 Stat. 869; Aug. 30, thereof. 1964, Pub. L. 88–504, § 4(14), 78 Stat. 637.)

(Sept. 20, 1950, ch. 956, § 2, 64 Stat. 868.) AMENDMENTS § 313. Purpose of corporation 1964—Pub. L. 88–504 struck out ‘‘, including the full and complete statement of its receipts and expendi- The purpose of this corporation shall be: tures’’ after ‘‘calendar year’’. (a) To safeguard and to strengthen the forces of faith and morality of our Nation; (b) to per- CHAPTER 16—AMERICAN SOCIETY OF petuate and to deepen the bonds of understand- INTERNATIONAL LAW ing and friendship of our military service; (c) to Sec. preserve our spiritual influence and interest in 341. Corporation created. all members and veterans of the armed forces; 342. Purposes of corporation; restrictions. (d) to uphold the Constitution of the United 343. Executive council; officers. States; and (e) to promote justice, peace, and 344. Principal office; territorial scope of activi- good will. ties. 345. Powers of corporation. (Sept. 20, 1950, ch. 956, § 3, 64 Stat. 868.) 346. Liability for acts of officers and agents; agent for service of process. § 314. Powers of corporation 347. Prohibition against issuance of stock, pay- The corporation (a) shall have perpetual suc- ment of dividends, or loans. 348. Books and records; inspection. cession; (b) shall have power to make its own or- 349. Repealed. ganization, including its constitution, bylaws, 350. Duration of corporation. rules, and regulations; (c) may adopt a corporate 351. Acquisition of assets and liabilities of exist- seal and alter it at pleasure; (d) may establish ing association. and maintain offices for the conduct and trans- 352. Reservation of right to amend or repeal chap- action of its business; (e) may appoint or elect ter. officers and agents; (f) may authorize the execu- § 341. Corporation created tive committee to conduct the business and exercise the powers of the corporation; (g) may The following persons, citizens of the United publish a magazine or other publications; (h) States and members of the executive council of may charge and collect membership dues, sub- the unincorporated association known as the scription fees, and receive contributions of American Society of International law, to wit: money or property to be devoted to the carrying Manley O. Hudson, of Cambridge, Massachu- out of the purposes of the organization; (i) may setts, president of the said society; Dean G. Ach- acquire by purchase, devise, bequest, gift, or eson, of Washington, District of Columbia, hon- otherwise, and hold, encumber, convey, or other- orary president of the same; George A. Finch, of wise dispose of, such real and personal property Chevy Chase, Maryland; Edwin D. Dickinson, of § 342 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 82

Philadelphia, Pennsylvania; and Philip C. (Sept. 20, 1950, ch. 958, § 2, 64 Stat. 870.) Jessup, of New York, New York; vice presidents of the same; Philip Marshall Brown, of Washing- § 343. Executive council; officers ton, District of Columbia; Frederic R. Coudert, The governing board of the corporation, sub- of New York, New York; William C. Dennis, of ject to the directions of the corporation at its Richmond, Indiana; Charles G. Fenwick, of annual meetings and at such other meetings as Washington, District of Columbia; Cordell Hull, may be called pursuant to the provisions of its of Washington, District of Columbia; Charles constitution, bylaws, and regulations, herein- Cheney Hyde, of New York, New York; Robert H. after mentioned, shall be an executive council Jackson, of McLean, Virginia; Arthur K. Kuhn, consisting of a president, an honorary president, of New York, New York; George C. Marshall, of a number of vice presidents and honorary vice Leesburg, Virginia; Henry L. Stimson, of New presidents to be determined by the constitution York, New York; Elbert D. Thomas, of Salt Lake of the corporation, a secretary, a treasurer, and City, Utah; Charles Warren, of Washington, Dis- not less than twenty-four additional persons. trict of Columbia; George Grafton Wilson, of The officers of the corporation and one-third of Cambridge, Massachusetts; and Lester H. Wool- the other members of the executive council shall sey, of Chevy Chase, Maryland; honorary vice be elected at each annual meeting of the cor- presidents of the said society; Edward poration: Provided, however, That the executive Dumbauld, of Uniontown, Pennsylvania, sec- council may be authorized by the constitution retary; and Edgar Turlington, of Chevy Chase, of the corporation to elect the secretary and the Maryland, treasurer of the same; Edward W. treasurer of the corporation for specified terms Allen, of Seattle, Washington; Mary Agnes and to fill vacancies until the next annual meet- Brown, of Washington, District of Columbia; ing of the corporation. The number of members Florence Brush, of Bronxville, New York; Ken- of the executive council shall initially be forty- neth S. Carlston, of Urbana, Illinois; Ben M. four, and the members of the said council shall Cherrington, of Denver, Colorado; Percy E. initially be the persons whose names and ad- Corbett, of New Haven Connecticut; Willard B. dresses are set forth in section 341 of this title. Cowles, of Lincoln, Nebraska; William S. Culbertson, of Washington, District of Colum- (Sept. 20, 1950, ch. 958, § 3, 64 Stat. 870.) bia; John S. Dickey, of Hanover, New Hamp- § 344. Principal office; territorial scope of activi- shire; Alwyn V. Freeman, of Los Angeles, Cali- ties fornia; Ernest A. Gross, of Manhasset, New York; Stanley K. Hornbeck, of Washington, Dis- The corporation shall have its principal office trict of Columbia! A. Brunson MacChesney, of in the District of Columbia and shall have the Chicago, Illinois; William Manger, of Washing- right to conduct its activities in the said Dis- ton, District of Columbia; Charles E. Martin, of trict and at any other place or places in the Seattle, Washington; John Brown Mason, of United States. Oberlin, Ohio; Myres S. McDougal, of New (Sept. 20, 1950, ch. 958, § 4, 64 Stat. 871.) Haven, Connecticut; Hans J. Morgenthau, of Chicago, Illinois; Durward V. Sandifer, of Chevy NATIONAL HEADQUARTERS Chase, Maryland; Francis B. Sayre, of Washing- Pub. L. 86–208, Aug. 25, 1959, 73 Stat. 431, provided: ton, District of Columbia; Carl B. Spaeth, of ‘‘That the American Society of International Law, in- Palo Alto, California; Robert B. Stewart, of corporated by the Act entitled ‘An Act to incorporate Medford, Massachusetts! and Albert C. F. the American Society of International Law, and for Westphal, of Albuquerque, New Mexico; and such other purposes’, approved September 20, 1950 (Public other persons as are now members of the said so- Law 794, ch. 958, Eighty-first Congress, second session ciety, and their successors, are created and de- (64 Stat. 869)) [this chapter], is authorized to use the real estate described as lot 805 square 2512, situated in clared to be a body corporate, by the name of the city of Washington, District of Columbia, as the na- The American Society of International Law. tional headquarters of such society.’’ (Sept. 20, 1950, ch. 958, § 1, 64 Stat. 869.) § 345. Powers of corporation SECTION REFERRED TO IN OTHER SECTIONS The corporation shall have succession by its This section is referred to in section 343 of this title. corporate name and shall have power to sue and be sued, complain and defend in any court of § 342. Purposes of corporation; restrictions competent jurisdiction; to adopt, use, and alter The purposes of the corporation are and shall a corporate seal; to choose such officers, man- be to foster the study of international law and agers, and agents as its business may require; to to promote the establishment and maintenance adopt, amend, apply, and administer a constitu- of international relations on the basis of law tion, bylaws, and regulations, not inconsistent and justice. The corporation shall not be oper- with the laws of the United States of America or ated for profit, and no part of its income or as- any State in which the corporation is to oper- sets shall inure to any of its members, or its of- ate, for the management of its property and the ficers or other members of its executive council, regulation of its affairs; to contract and be con- or be distributable thereto otherwise than upon tracted with; to take and hold by lease, gift, dissolution or final liquidation of the corpora- purchase, grant, devise, or bequest, in full title, tion. The corporation, and its officers and other in trust, or otherwise, any property, real or per- members of its executive council shall not, as sonal, necessary for attaining the objects and such, contribute to or otherwise support or as- carrying into effect the purposes of the corpora- sist any political party or candidate for elective tion, subject however, to applicable provisions public office. of law of any State (A) governing the amount or Page 83 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 352 kind of real and personal property which may be § 351. Acquisition of assets and liabilities of exist- held by, or (B) otherwise limiting or controlling ing association the ownership of real and personal property by a The corporation may and shall acquire all of corporation operating in such State; to transfer the assets of the existing unincorporated asso- and convey real or personal property; to borrow ciation known as the American Society of Inter- money for the purposes of the corporation, and national Law, subject to any liabilities and obli- issue bonds therefor, and secure the same by gations of the said association. mortgage subject in every case to all applicable provisions of Federal or State laws; to publish a (Sept. 20, 1950, ch. 958, § 11, 64 Stat. 872.) journal and other publications, and generally to do any and all such acts and things as may be § 352. Reservation of right to amend or repeal necessary and proper in carrying into effect the chapter purposes of the corporation. The right to alter, repeal, or amend this chap- (Sept. 20, 1950, ch. 958, § 5, 64 Stat. 871.) ter is expressly reserved to Congress. (Sept. 20, 1950, ch. 958, § 12, 64 Stat. 872.) § 346. Liability for acts of officers and agents; agent for service of process CHAPTER 17—UNITED STATES OLYMPIC The corporation shall be liable for the acts of COMMITTEE its officers and agents. It shall have in the Dis- SUBCHAPTER I—CORPORATION trict of Columbia at all times a designated agent Sec. authorized to accept service of process for the 371. Corporation created; principal offices; meet- corporation; and notice to or service upon such ings. agent, or mailed to the business address of such 372. Completion of organization. agent, shall be deemed notice to or service upon 373. Definitions. the corporation. 374. Objects and purposes of Corporation. 375. Powers of Corporation. (Sept. 20, 1950, ch. 958, § 6, 64 Stat. 871.) 376. Membership. 377. Nonpolitical nature of Corporation. § 347. Prohibition against issuance of stock, pay- 378. Prohibition against issuance of stock or busi- ment of dividends, or loans ness activities. 379. Acquisition of assets and liabilities of exist- The corporation shall not issue shares of ing association. stock, nor declare or pay dividends, nor make 380. Use of Olympic symbols, emblems, trade- loans or advances to its officers or members of marks and names. its executive council or any of them. Any mem- (a) Unauthorized use; civil action; lawful ber of its executive council who votes for or as- use prior to September 21, 1950. (b) Contributors and suppliers. sents to the making of a loan or advance to an (c) Exclusive right of Corporation. officer of the corporation or to a member of its 381. Agents for service of process. executive council, and any officer or officers 382. Reservation of right to amend or repeal chap- participating in the making of any such loan or ter. advance, shall be jointly and severally liable to 382a. Annual report to President and Congress on the corporation for the amount of such loan or operations; report to Speaker of House and advance until the repayment thereof. President of Senate on authorized grants. 382b. Resolution of disputes. (Sept. 20, 1950, ch. 958, § 7, 64 Stat. 871.) 383. Change in name of United States Olympic As- sociation. § 348. Books and records; inspection 384. Grants to Corporation. (a) Authorization; development of ama- The corporation shall keep correct and com- teur athletics in United States. plete books and records of account. It shall also (b) Annual report. keep minutes of the proceedings of its members, (c) Application for funds; access to executive council, and committees having any of books, documents, etc. the authority of the said council. It shall also (d) Authorization of appropriations. keep at its principal office a record giving the SUBCHAPTER II—NATIONAL GOVERNING BODIES names and addresses of its members entitled to 391. Recognition of amateur sports organizations. vote. All books and records of the corporation (a) National governing body; application; may be inspected by any member or his agent or notice and hearing. attorney, for any proper purpose, at any reason- (b) Eligibility requirements. able time. (c) Period within which to comply with eligibility requirements; suspension (Sept. 20, 1950, ch. 958, § 8, 64 Stat. 872.) or revocation of recognition. (d) Recommendation of national govern- § 349. Repealed. Pub. L. 88–504, § 4(15), Aug. 30, ing body as United States rep- 1964, 78 Stat. 637 resentative to appropriate international sports federation. Section, act Sept. 20, 1950, ch. 958, § 9, 64 Stat. 872, re- 392. Duties of national governing bodies. lated to audit of financial transactions and report of 393. Authority of national governing bodies. such audit to Congress. See sections 1101 to 1103 of this 394. Review. title. 395. Compelling compliance with eligibility re- § 350. Duration of corporation quirements and performance of duties by national governing bodies. The duration of the corporation shall be per- (a) Written complaint; exhaustion of petual. remedies requirement; hearing; determination by Corporation; proba- (Sept. 20, 1950, ch. 958, § 10, 64 Stat. 872.) tion; revocation of recognition. § 371 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 84

Sec. Cleveland, Ohio; Robert C. Greenwade, (b) Replacement of incumbent national Blackwell, Oklahoma; Charles Gevecker, St. governing body. Louis, Missouri; Roscoe C. Torrance, Seattle, (c) Arbitration of Corporation determinations. Washington; Louis G. Wilke, Denver, Colorado; 396. Jurisdiction of restricted amateur athletic Doctor Barry J. Barrodale, Houma, Louisiana; competitions; national governing body Larry Houston, Los Angeles, California; C. W. sanction for international amateur athletic Striet, Junior, Birmingham, Alabama; Norton competitions. G. Pritchett, Charlottesville, Virginia; Dernell Every, New York City, New York; Vaughn S. CHAPTER REFERRED TO IN OTHER SECTIONS Blanchard, Detroit, Michigan; Major General This chapter is referred to in section 384 of this title; Guy V. Henry, Chevy Chase, Maryland; George title 18 section 2320. Edwards, Columbia, Missouri; John J. Fox, SUBCHAPTER I—CORPORATION Larchmont, New York; Harold R. Gilbert, State College, Pennsylvania; Frank Small, Bayside, § 371. Corporation created; principal offices; Long Island, New York; Colonel John T. Cole, meetings Bell Haven, Alexandria, Virginia; Miguel de Capriles, Pleasantville, New York; Alexis The following persons, to wit: Thompson, New York City, New York; Henry M. Avery Brundage, New York City, New York; Beatty, Cleveland, Ohio; Roy E. Moore, New Kenneth L. Wilson, Chicago, Illinois; Asa S. York City, New York; Mrs. Roberta Bonniwell, Bushnell, Princeton, New Jersey; Owen V. Van Philadelphia, Pennsylvania; Harry Hainsworth, Camp, Chicago, Illinois; Gustavus T. Kirby, Bed- Buffalo, New York; Major General William C. ford Hills, New York; John T. McGovern, New Rose, Washington, District of Columbia; Major York City, New York; J. Lyman Bingham, Chi- General M. A. Edson, Montpelier, Vermont; cago, Illinois; Daniel J. Ferris, New York City, Clifford Goes, New York City, New York; Joseph New York; Thomas J. Hamilton, Pittsburgh, J. Barriskill, New York City, New York; Senator Pennsylvania; Thomas W. Herren, Washington, Peter J. Miller, Chicago, Illinois; Charles O. District of Columbia; Willis O. Hunter, Los An- Roeser, Lansdowne, Pennsylvania; Mrs. Elsie geles, California; Jeremiah T. Mahoney, New Veits Jennings, New York City, New York; Wil- York City, New York; T. Nelson Metcalf, Chi- liam C. Ackerman, Los Angeles, California; Rob- cago, Illinois; Charles L. Ornstein, New York ert J. Kane, Ithaca, New York; Mrs. Irvin Van City, New York; James A. Rhodes, Columbus, Blarcom, Wichita, Kansas; Jay Ehret Mahoney, Ohio; Albert Sigal, Atherton, California; H. New York City, New York; John Terpak, York, Jamison Swarts, Philadelphia, Pennsylvania; Pennsylvania; Eric F. Pohl, San Antonio, Texas; Albert F. Wheltle, Baltimore, Maryland; Robert Thomas F. Lennon, New York City, New York; A. Fetzer, Chapel Hill, North Carolina; Karl E. Dietrich Wortmann, New York City, New York; Leib, Iowa City, Iowa; Frank G. McCormick, Reaves E. Peters, Kansas City, Missouri; John Minneapolis, Minnesota; Alfred R. Masters, M. Harmon, Boston, Massachusetts; George E. Stanford University, California; E. L. Romney, Little, New Brunswick, New Jersey; Arthur E. Salt Lake City, Utah; E. Joseph Aronoff, Wash- Eilers, St. Louis, Missouri; James H. Stewart, ington, District of Columbia; Richard E. Cross, Dallas, Texas; Harry N. Keighley, Evanston, Illi- Detroit, Michigan; Charles L. Diehm, New York nois; Doctor G. Randolph Manning, New York City, New York; Ralph Furey, New York City, City, New York; Harold T. Friermood, New York New York; Harry D. Henshel, New York City, City, New York; Earl R. Yeomans, Philadelphia, New York; John B. Kelly, Senior, Philadelphia, Pennsylvania; and their associates and succes- Pennsylvania; Richard C. Larkins, Columbus, sors, are created a body corporate by the name Ohio; Fred C. Matthaei, Detroit, Michigan; Colo- of ‘‘United States Olympic Committee’’ (herein- nel Frederick R. Weber, West Point, New York; after referred to as the ‘‘Corporation’’). The Cor- Hugh C. Willett, Los Angeles, California; Law- poration shall maintain its principal offices and rence J. Johnson, Boston, Massachusetts; Pat- national headquarters in such place in the rick J. Kelly, New York City, New York; R. Max United States as is determined by the Corpora- Ritter, Jenkintown, Pennsylvania; Fred L. tion, and may hold its annual and special meet- Steers, Chicago, Illinois; Williard N. Greim, ings in such places as the Corporation shall de- Denver, Colorado; General Douglas MacArthur, termine. Tokyo, Japan; Joseph E. Raycroft, Princeton, New Jersey; Frederick W. Rubien, Manhasset, (Sept. 21, 1950, ch. 975, title I, § 101, formerly § 1, New York; John J. Raskob, New York City, New 64 Stat. 899; Aug. 10, 1964, Pub. L. 88–407, 78 Stat. York; Frank P. Callahan, Schenectady, New 383; renumbered title I, § 101, and amended Nov. York; William S. Haddock, Pittsburgh, Pennsyl- 8, 1978, Pub. L. 95–606, § 1(a), 92 Stat. 3045.) vania; J. W. Mitchell, Little Rock, Arkansas; AMENDMENTS William F. Bailey, High Point, North Carolina; Herman J. Fischer, Chicago, Illinois; R. J. H. 1978—Pub. L. 95–606 substituted ‘‘Corporation’’ for Kiphuth, New Haven, Connecticut; Edward ‘‘corporation’’, ‘‘such place in the United States as is Rosenblum, Washington, District of Columbia; determined by the Corporation’’ for ‘‘the city of Wash- ington, District of Columbia’’ and ‘‘the Corporation’’ Ben York, West Palm Beach, Florida; Seymour for ‘‘the said incorporators’’. Leiberman, Houston, Texas; Paul Jordan, Indi- anapolis, Indiana; Mrs. Lillian Y. Whiting, Des CHANGE OF NAME Moines, Iowa; A. Wood Hardin, New Albany, In- ‘‘United States Olympic Committee’’ substituted in diana; Douglas F. Roby, Detroit, Michigan; Mar- text for ‘‘United States Olympic Association’’ on au- ion H. Miller, Kansas City, Missouri; Edwin F. thority of Pub. L. 88–407, which is set out as section 383 Schaefer, Buffalo, New York; James A. Lee, of this title. Page 85 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 374

SHORT TITLE OF 1978 AMENDMENT (2) coordinate and develop amateur athletic Provision preceding section 1 of Pub. L. 95–606 pro- activity in the United States directly relating vided: ‘‘That this Act [enacting sections 372 to 382b and to international amateur athletic competi- 391 to 396 of this title, amending this section, and re- tion, so as to foster productive working rela- pealing former sections 372 to 382 of this title] may be tionships among sports-related organizations; cited as the ‘Amateur Sports Act of 1978’.’’ (3) exercise exclusive jurisdiction, either di- SECTION REFERRED TO IN OTHER SECTIONS rectly or through its constituent members of committees, over all matters pertaining to the This section is referred to in section 372 of this title. participation of the United States in the § 372. Completion of organization Olympic Games and in the Pan-American Games, including the representation of the A majority of the persons named in section 371 United States in such games, and over the or- of this title, or their successors, are hereby au- ganization of the Olympic Games and the Pan- thorized to meet to complete the organization of American Games when held in the United the Corporation by the adoption of a constitu- States; tion and bylaws, the election of officers, and by (4) obtain for the United States, either di- doing all things necessary to carry into effect rectly or by delegation to the appropriate na- the provisions of this chapter. tional governing body, the most competent (Sept. 21, 1950, ch. 975, title I, § 102, as added Nov. amateur representation possible in each com- 8, 1978, Pub. L. 95–606, § 1(b), 92 Stat. 3045.) petition and event of the Olympic Games and of the Pan-American Games; PRIOR PROVISIONS (5) promote and support amateur athletic ac- A prior section 372, act Sept. 21, 1950, ch. 975, § 2, 64 tivities involving the United States and for- Stat. 900, related to the procedure for the completion of eign nations; the organization of the corporation, prior to repeal by (6) promote and encourage physical fitness Pub. L. 95–606, § 1(b). and public participation in amateur athletic § 373. Definitions activities; (7) assist organizations and persons con- As used in this chapter, the term— cerned with sports in the development of ama- (1) ‘‘amateur athlete’’ means any athlete teur athletic programs for amateur athletes; who meets the eligibility standards estab- (8) provide for the swift resolution of con- lished by the national governing body for the flicts and disputes involving amateur athletes, sport in which the athlete competes; national governing bodies, and amateur sports (2) ‘‘amateur athletic competition’’ means a organizations, and protect the opportunity of contest, game, meet, match, tournament, re- any amateur athlete, coach, trainer, manager, gatta, or other event in which amateur ath- administrator, or official to participate in letes compete; amateur athletic competition; (3) ‘‘amateur sports organization’’ means a (9) foster the development of amateur ath- not-for-profit corporation, club, federation, letic facilities for use by amateur athletes and union, association, or other group organized in assist in making existing amateur athletic fa- the United States which sponsors or arranges cilities available for use by amateur athletes; any amateur athletic competition; (10) provide and coordinate technical infor- (4) ‘‘Corporation’’ means the United States mation on physical training, equipment de- Olympic Committee; sign, coaching, and performance analysis; (5) ‘‘international amateur athletic competi- (11) encourage and support research, devel- tion’’ means any amateur athletic competi- opment, and dissemination of information in tion between any athlete or athletes rep- the areas of sports medicine and sports safety; resenting the United States, either individ- (12) encourage and provide assistance to ually or as part of a team, and any athletic or amateur athletic activities for women; athletes representing any foreign country; (13) encourage and provide assistance to (6) ‘‘national governing body’’ means an amateur athletic programs and competition amateur sports organization which is recog- for handicapped individuals, including, where nized by the Corporation in accordance with feasible, the expansion of opportunities for section 391 of this title; and meaningful participation by handicapped indi- (7) ‘‘sanction’’ means a certificate of ap- viduals in programs of athletic competition proval issued by a national governing body. for able-bodied individuals; and (14) encourage and provide assistance to (Sept. 21, 1950, ch. 975, title I, § 103, as added Nov. amateur athletes of racial and ethnic minori- 8, 1978, Pub. L. 95–606, § 1(b), 92 Stat. 3045.) ties for the purpose of eliciting the participa- PRIOR PROVISIONS tion of such minorities in amateur athletic activities in which they are underrepresented. A prior section 373, act Sept. 21, 1950, ch. 975, § 3, 64 Stat. 900, related to objects and purposes of corpora- (Sept. 21, 1950, ch. 975, title I, § 104, as added Nov. tion, prior to repeal by Pub. L. 95–606, § 1(b). See section 8, 1978, Pub. L. 95–606, § 1(b), 92 Stat. 3046.) 374 of this title. PRIOR PROVISIONS § 374. Objects and purposes of Corporation A prior section 374, act Sept. 21, 1950, ch. 975, § 4, 64 The objects and purposes of the Corporation Stat. 900, related to powers of corporation, prior to repeal by Pub. L. 95–606, § 1(b). See section 375 of this shall be to— title. (1) establish national goals for amateur ath- Provisions similar to those comprising this section letic activities and encourage the attainment were contained in former section 373 of this title prior of those goals; to repeal by Pub. L. 95–606. § 375 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 86

SECTION REFERRED TO IN OTHER SECTIONS the constitution, including the substantive This section is referred to in section 384 of this title. terms of the alteration, the time and place of the Corporation’s regular meeting at which § 375. Powers of Corporation the alteration is to be decided, and a provision (a) The Corporation shall have perpetual suc- informing interested persons that they may cession and power to— submit materials as authorized in paragraph (1) serve as the coordinating body for ama- (2); and teur athletic activity in the United States di- (2) gives to all interested persons, prior to rectly relating to international amateur ath- the adoption of any amendment, an oppor- letic competition; tunity to submit written data, views, or argu- (2) represent the United States as its na- ments concerning the proposed amendment for tional Olympic committee in relations with a period of at least 60 days after the date of the International Olympic Committee and the publication of the notice. Pan-American Sports Organization; (Sept. 21, 1950, ch. 975, title I, § 105, as added Nov. (3) organize, finance, and control the rep- 8, 1978, Pub. L. 95–606, § 1(b), 92 Stat. 3047.) resentation of the United States in the competitions and events of the Olympic Games PRIOR PROVISIONS and of the Pan-American Games, and obtain, A prior section 375, act Sept. 21, 1950, ch. 975, § 5, 64 either directly or by delegation to the appro- Stat. 901, related to membership in the corporation, priate national governing body, amateur rep- prior to repeal by Pub. L. 95–606, § 1(b). See section 376 resentation for such games; of this title. (4) recognize eligible amateur sports organi- Provisions similar to those comprising this section zations as national governing bodies for any were contained in former section 374 of this title prior sport which is included on the program of the to repeal by Pub. L. 95–606. Olympic Games or the Pan-American Games; § 376. Membership (5) facilitate, through orderly and effective administrative procedures, the resolution of (a) Eligibility for membership in the Corpora- conflicts or disputes which involve any of its tion shall be determined in accordance with the members and any amateur athlete, coach, constitution and bylaws of the Corporation. trainer, manager, administrator, official, na- (b) In its constitution and bylaws, the Cor- tional governing body, or amateur sports orga- poration shall establish and maintain provisions nization and which arise in connection with with respect to its governance and the conduct their eligibility for and participation in the of its affairs for reasonable representation of— Olympic Games, the Pan-American world (1) amateur sports organizations recognized championship competition, or other protected as national governing bodies in accordance competition as defined in the constitution and with section 391 of this title; bylaws of the Corporation; (2) amateur athletes who are actively en- (6) sue and be sued; gaged in amateur athletic competition or who (7) make contracts; have represented the United States in inter- (8) acquire, hold, and dispose of real and per- national amateur athletic competition within sonal property as may be necessary for its cor- the preceding 10 years; porate purposes; (3) amateur sports organizations which con- (9) accept gifts, legacies, and devices in fur- duct a national program or regular national therance of its corporate purposes; amateur athletic competition in two or more (10) borrow money to carry out its corporate sports which are included on the program of purposes, issue notes, bonds, or other evi- the Olympic Games or the Pan-American dences of indebtedness therefor, and secure the Games on a level of proficiency appropriate for same by mortgage, subject in each case to the the selection of amateur athletes to represent laws of the United States or of any State; the United States in international amateur (11) provide financial assistance to any orga- athletic competition; and nization or association, other than a corpora- (4) individuals not affiliated or associated tion organized for profit, in furtherance of the with any amateur sports organization who in purposes of the Corporation; the Corporation’s judgment represent the in- (12) approve and revoke membership in the terests of the American public in the activi- Corporation; ties of the Corporation. (13) adopt and alter a corporate seal; (14) establish and maintain offices for the (Sept. 21, 1950, ch. 975, title I, § 106, as added Nov. conduct of the affairs of the Corporation; 8, 1978, Pub. L. 95–606, § 1(b), 92 Stat. 3048.) (15) publish a newspaper, magazine, or other PRIOR PROVISIONS publication consistent with its corporate purposes; and A prior section 376, act Sept. 21, 1950, ch. 975, § 6, 64 (16) do any and all acts and things necessary Stat. 901, related to nonpolitical nature of Corporation, and proper to carry out the purposes of the prior to repeal by Pub. L. 95–606, § 1(b). See section 377 of this title. Corporation. Provisions similar to those comprising this section (b) The Corporation shall adopt and may were contained in former section 375 of this title prior amend a constitution and bylaws not inconsist- to repeal by Pub. L. 95–606. ent with the laws of the United States or of any § 377. Nonpolitical nature of Corporation State, except that the Corporation may amend its constitution only if it— The Corporation shall be nonpolitical and, as (1) publishes in its principal publication a an organization, shall not promote the can- general notice of the proposed alteration of didacy of any person seeking public office. Page 87 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 380

(Sept. 21, 1950, ch. 975, title I, § 107, as added Nov. (4) the words ‘‘Olympic’’, ‘‘Olympiad’’, 8, 1978, Pub. L. 95–606, § 1(b), 92 Stat. 3048.) ‘‘Citius Altius Fortius’’, or any combination or simulation thereof tending to cause confu- PRIOR PROVISIONS sion, to cause mistake, to deceive, or to false- A prior section 377, act Sept. 21, 1950, ch. 975, § 7, 64 ly suggest a connection with the Corporation Stat. 901, related to prohibition against issuance of or any Olympic activity; stock or business activities, prior to repeal by Pub. L. 95–606, § 1(b). See section 378 of this title. shall be subject to suit in a civil action by the Provisions similar to those comprising this section Corporation for the remedies provided in the Act were contained in former section 376 of this title prior of July 5, 1946 (60 Stat. 427; popularly known as to repeal by Pub. L. 95–606. the Trademark Act of 1946) [15 U.S.C. 1051 et § 378. Prohibition against issuance of stock or seq.]. However, any person who actually used business activities the emblem in subsection (a)(2) of this section, or the words, or any combination thereof, in The Corporation shall have no power to issue subsection (a)(4) of this section for any lawful capital stock or to engage in business for pecu- purpose prior to September 21, 1950, shall not be niary profit or gain. prohibited by this section from continuing such (Sept. 21, 1950, ch. 975, title I, § 108, as added Nov. lawful use for the same purpose and for the same 8, 1978, Pub. L. 95–606, § 1(b), 92 Stat. 3048.) goods or services. In addition, any person who actually used, or whose assignor actually used, PRIOR PROVISIONS any other trademark, trade name, sign, symbol, A prior section 378, act Sept. 21, 1950, ch. 975, § 8, 64 or insignia described in subsections (a)(3) and (4) Stat. 901, authorized Corporation to acquire assets and of this section for any lawful purpose prior to liabilities of unincorporated association known as the September 21, 1950 shall not be prohibited by United States Olympic Association, prior to repeal by this section from continuing such lawful use for Pub. L. 95–606, § 1(b). See section 379 of this title. Provisions similar to those comprising this section the same purpose and for the same goods or were contained in former section 377 of this title prior services. to repeal by Pub. L. 95–606. (b) Contributors and suppliers § 379. Acquisition of assets and liabilities of exist- The Corporation may authorize contributors ing association and suppliers of goods or services to use the trade name of the Corporation as well as any The Corporation may acquire any or all of the trademark, symbol, insignia, or emblem of the assets of the existing unincorporated associa- International Olympic Committee or of the Cor- tion, known as ‘‘The United States Olympic As- poration in advertising that the contributions, sociation’’, upon discharging or satisfactorily goods, or services were donated, supplied, or fur- providing for the payment and discharge of all nished to or for the use of, approved, selected, or the liabilities of such unincorporated associa- used by the Corporation or United States Olym- tion. pic or Pan-American team or team members. (Sept. 21, 1950, ch. 975, title I, § 109, as added Nov. (c) Exclusive right of Corporation 8, 1978, Pub. L. 95–606, § 1(b), 92 Stat. 3048.) The Corporation shall have exclusive right to PRIOR PROVISIONS use the name ‘‘United States Olympic Commit- tee’’; the symbol described in subsection (a)(1) of A prior section 379, acts Sept. 21, 1950, ch. 975, § 9, 64 Stat. 901; Aug. 10, 1964, Pub. L. 88–407, 78 Stat. 383, relat- this section; the emblem described in subsection ed to penalty for fraudulent pretense of membership or (a)(2) of this section; and the words ‘‘Olympic’’, use of insignia, prior to repeal by Pub. L. 95–606, § 1(b). ‘‘Olympiad’’, ‘‘Citius Altius Fortius’’ or any See section 380 of this title. combination thereof subject to the preexisting Provisions similar to those comprising this section rights described in subsection (a) of this section. were contained in former section 378 of this title prior to repeal by Pub. L. 95–606. (Sept. 21, 1950, ch. 975, title I, § 110, as added Nov. 8, 1978, Pub. L. 95–606, § 1(b), 92 Stat. 3048.) § 380. Use of Olympic symbols, emblems, trade- REFERENCES IN TEXT marks and names Act of July 5, 1946 (60 Stat. 427; popularly known as (a) Unauthorized use; civil action; lawful use the Trademark Act of 1946), referred to in subsec. (a), prior to September 21, 1950 is act July 5, 1946, ch. 540, 60 Stat. 427, as amended, also Without the consent of the Corporation, any popularly known as the Lanham Act, which is classi- person who uses for the purpose of trade, to in- fied generally to chapter 22 (§ 1051 et seq.) of Title 15, duce the sale of any goods or services, or to pro- Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under mote any theatrical exhibition, athletic per- section 1051 of Title 15 and Tables. formance, or competition— (1) the symbol of the International Olympic PRIOR PROVISIONS Committee, consisting of 5 interlocking rings; A prior section 380, act Sept. 21, 1950, ch. 975, § 10, 64 (2) the emblem of the Corporation, consist- Stat. 902, related to agents for service of process, prior ing of an escutcheon having a blue chief and to repeal by Pub. L. 95–606, § 1(b). See section 381 of this vertically extending red and white bars on the title. base with 5 interlocking rings displayed on the Provisions similar to those comprising this section were contained in former section 379 of this title prior chief; to repeal by Pub. L. 95–606. (3) any trademark, trade name, sign, symbol, or insignia falsely representing association SECTION REFERRED TO IN OTHER SECTIONS with, or authorization by, the International This section is referred to in title 15 sections 1116, Olympic Committee or the Corporation; or 1117; title 18 section 2320. § 381 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 88

§ 381. Agents for service of process Act. The Corporation shall continue to transmit the report required under this subsection (b) As a condition precedent to the exercise of any until the total sums made available under sec- power or privilege granted or conferred under tion 211 of the Act have been expended. this chapter, the Corporation shall file in the office of the secretary of state, or similar office, in (Sept. 21, 1950, ch. 975, title I, § 113, as added Nov. each State the name and post-office address of 8, 1978, Pub. L. 95–606, § 1(b), 92 Stat. 3049.) an authorized agent of the Corporation in such REFERENCES IN TEXT State upon whom local process or demands against the Corporation may be served. Section 211 of the Act, referred to in subsec. (b), probably means section 210 of Senate Bill S. 2727, redesig- (Sept. 21, 1950, ch. 975, title I, § 111, as added Nov. nated section 211 in Senate Report No. 95–770, which 8, 1978, Pub. L. 95–606, § 1(b), 92 Stat. 3049.) was originally proposed by the Senate as part of the legislation that was enacted as Pub. L. 95–606 but was PRIOR PROVISIONS omitted in the final version as enacted by Congress. A prior section 381, act Sept. 21, 1950, ch. 975, § 11, 64 Similar statutory provisions were enacted in Pub. L. Stat. 902, related to reservation of right to amend or re- 95–482, § 113, Oct. 18, 1978, 92 Stat. 1605, which is classi- peal act Sept. 21, 1950, ch. 975, 64 Stat. 899, which com- fied to section 384 of this title. prises this chapter, prior to repeal by Pub. L. 95–606, § 1(b). See section 382 of this title. PRIOR PROVISIONS Provisions similar to those comprising this section Provisions similar to those comprising this section were contained in former section 380 of this title prior were contained in former section 382 of this title prior to repeal by Pub. L. 95–606. to repeal by Pub. L. 95–606. § 382. Reservation of right to amend or repeal § 382b. Resolution of disputes chapter In its constitution and bylaws, the Corpora- The right to alter, amend, or repeal this chap- tion shall establish and maintain provisions for ter at any time is hereby expressly reserved. the swift and equitable resolution of disputes in- (Sept. 21, 1950, ch. 975, title I, § 112, as added Nov. volving any of its members and relating to the 8, 1978, Pub. L. 95–606, § 1(b), 92 Stat. 3049.) opportunity of an amateur athlete, coach, trainer, manager, administrator, or official to par- PRIOR PROVISIONS ticipate in the Olympic Games, the Pan-Amer- A prior section 382, acts Sept. 21, 1950, ch. 975, § 12, 64 ican Games, world championship competition, Stat. 902; Aug. 30, 1964, Pub. L. 88–504, § 4(16), 78 Stat. or other such protected competition as defined 637, related to transmission of reports to Congress, in such constitution and bylaws. prior to repeal by Pub. L. 95–606, § 1(b). See section 382a of this title. (Sept. 21, 1950, ch. 975, title I, § 114, as added Nov. Provisions similar to those comprising this section 8, 1978, Pub. L. 95–606, § 1(b), 92 Stat. 3049.) were contained in former section 381 of this title prior to repeal by Pub. L. 95–606. § 383. Change in name of United States Olympic Association § 382a. Annual report to President and Congress on operations; report to Speaker of House The corporation known as the United States and President of Senate on authorized Olympic Association, which was incorporated by grants this chapter, shall be known and designated on and after August 10, 1964, as the United States (a) The Corporation shall, on or before the Olympic Committee and any reference to such first day of June in each year, transmit simulta- corporation under the name of the United States neously to the President and to each House of Olympic Association shall be held to refer to Congress a detailed report of its operations for such corporation under and by the name of the the preceding calendar year, including a full and United States Olympic Committee. complete statement of its receipts and expenditures and a comprehensive description of the ac- (Pub. L. 88–407, Aug. 10, 1964, 78 Stat. 383.) tivities and accomplishments of the Corporation CODIFICATION during the preceding year. Copies of the report shall be made available by the Corporation to Section was not enacted as part of act Sept. 21, 1950, interested persons at a reasonable cost. ch. 975, which comprises this chapter. (b) The Corporation shall, on or before the § 384. Grants to Corporation first day of June in each year, transmit simulta- neously to the Speaker of the House of Rep- (a) Authorization; development of amateur ath- resentatives and to the President of the Senate letics in United States a detailed report of those grants authorized to The Secretary of Commerce (hereinafter in the Corporation pursuant to the provisions of this section referred to as the ‘‘Secretary’’) is section 211 of the Act and a full and complete authorized to award grants to the United States statement of the expenditures of such funds Olympic Committee (hereinafter in this section made available. The report shall be referred to referred to as ‘‘the Corporation’’) to assist in the the Committee on Appropriations of each House development of amateur athletics in the United and shall include a detailed and comprehensive States. The Corporation may apply to the Sec- description of those programs which the Cor- retary for funds available under this section, poration anticipate 1 it will finance during the and shall use such funds consistent with the pro- next fiscal year out of such funds made available visions of the Amateur Sports Act of 1978. The pursuant to the provisions of section 211 of the Secretary may approve any application which meets the requirements of this section, and 1 So in original. Probably should be ‘‘anticipates’’. award grants to the Corporation in a total sum Page 89 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 391 not exceeding $16,000,000 to finance the construc- dures and requirements of this section, the Cor- tion, improvement, and maintenance of facili- poration shall hold a hearing open to the public ties for programs of amateur athletic activity on the application for such recognition. The and to defray direct operating costs of programs Corporation shall publish notice of the time, of amateur athletic activity, consistent with place, and nature of the hearing. Publication section 374 of this title. shall be made in a regular issue of the Corpora- (b) Annual report tion’s principal publication at least 30 days, but not more than 60 days, prior to the date of the The Corporation shall, on or before the first hearing. day of June of each year, transmit to the Con- gress a report which shall include a detailed ac- (b) Eligibility requirements counting of the funds made available to the Cor- No amateur sports organization is eligible to poration by the Secretary pursuant to sub- be recognized or is eligible to continue to be rec- section (a) of this section and a comprehensive ognized as a national governing body unless it— description of those projects which the Corpora- (1) is incorporated under the laws of any of tion anticipates it will finance during the next the several States of the United States or the fiscal year with funds authorized by this section. District of Columbia as a not-for-profit cor- (c) Application for funds; access to books, docu- poration having as its purpose the advance- ments, etc. ment of amateur athletic competition, and has the managerial and financial capability to Each application for funds available under this plan and execute its obligations; section shall be in such form as the Secretary (2) submits an application for recognition, in shall provide and shall contain provisions to as- such form as the Corporation shall require, as sure that such funds are disbursed in accordance a national governing body and, upon applica- with the provisions of this section. For the pur- tion, submits a copy of its corporate charter pose of review or audit, the Secretary shall have and bylaws and any additional information as access to any books, documents, papers, and is considered necessary or appropriate by the records which are relevant to any grant received Corporation; under this section. (3) agrees to submit, upon demand of the (d) Authorization of appropriations Corporation, to binding arbitration conducted There are authorized to be appropriated to the in accordance with the commercial rules of Secretary not to exceed $16,000,000 in fiscal year the American Arbitration Association in any 1980, such sums to remain available until ex- controversy involving its recognition as a na- pended. tional governing body, as provided for in section 395 of this title, or involving the oppor- (Pub. L. 95–482, § 113, Oct. 18, 1978, 92 Stat. 1605.) tunity of any amateur athlete, coach, trainer, manager, administrator or official to partici- REFERENCES IN TEXT pate in amateur athletic competition, as pro- The Amateur Sports Act of 1978, referred to in subsec. vided for in the Corporation’s constitution and (a), is Pub. L. 95–606, Nov. 8, 1978, 92 Stat. 3045, which bylaws; enacted sections 372 to 382b and 391 to 396 of this title, amended section 371 of this title, repealed former sec- (4) demonstrates that it is autonomous in tions 372 to 382 of this title, and enacted a provision set the governance of its sport, in that it out as a note under section 371 of this title. For com- independently determines and controls all plete classification of this Act to the Code, see Short matters central to such governance, does not Title of 1978 Amendment note set out under section 371 delegate such determination and control, and of this title and Tables. is free from outside restraint, and demonstrates that it is a member of no more than CODIFICATION one international sports federation which gov- Section was not enacted as part of act Sept. 21, 1950, erns a sport included on the program of the ch. 975, which comprises this chapter. Olympic Games or the Pan-American Games; SUBCHAPTER II—NATIONAL GOVERNING (5) demonstrates that its membership is BODIES open to any individual who is an amateur athlete, coach, trainer, manager, administrator, § 391. Recognition of amateur sports organiza- or official active in the sport for which rec- tions ognition is sought, or to any amateur sports organization which conducts programs in the (a) National governing body; application; notice sport for which recognition is sought, or to and hearing both; For any sport which is included on the pro- (6) provides an equal opportunity to amateur gram of the Olympic Games or the Pan-Amer- athletes, coaches, trainers, managers, admin- ican Games, the Corporation is authorized to istrators, and officials to participate in ama- recognize as a national governing body an amateur athletic competition, without discrimina- teur sports organization which files an application on the basis of race, color, religion, age, tion and is eligible for such recognition, in ac- sex, or national origin, and with fair notice cordance with the provisions of subsection (b) of and opportunity for a hearing to any amateur this section. The Corporation shall recognize athlete, coach, trainer, manager, adminis- only one national governing body for each sport trator, or official before declaring such indi- for which an application is made and approved. vidual ineligible to participate; Prior to the recognition of a national governing (7) is governed by a board of directors or body under the authority granted under this other such governing board whose members subchapter and in accordance with the proce- are selected without regard to race, color, reli- § 392 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 90

gion, national origin or sex, except that, in the requirements of subsection (b) of this sec- sports where there are separate male and fe- tion, in which event the Corporation shall— male programs, it provides for reasonable rep- (A) suspend the recognition of such national resentation of both males and females on such governing body; board of directors or other such governing (B) revoke the recognition of such national board; governing body; or (8) demonstrates that its board of directors (C) extend the 2-year period for not longer or other such governing board includes among than 1 year, if the national governing body has its voting members individuals who are ac- proven by clear and convincing evidence that, tively engaged in amateur athletic competi- through no fault of its own, it needs additional tion in the sport for which recognition is time to comply with such requirements. sought or who have represented the United If, at the end of the extension period referred to States in international amateur athletic com- in subparagraph (C) of this paragraph, the na- petition in the sport for which recognition is tional governing body has not complied with sought within the preceding 10 years, and that such requirements, the Corporation shall revoke the membership and voting power held by such the recognition of such national governing body. individuals is not less than 20 percent of such Any such national governing body aggrieved by membership and voting power held in that the Corporation’s determination under this sub- board of directors or other such governing section may submit a demand for arbitration in board; accordance with section 395(c) of this title. (9) provides for reasonable direct representa- (2) Notwithstanding the provisions of para- tion on its board of directors or other such graph (1), the Corporation may suspend or re- governing board for any amateur sports orga- voke the recognition of a national governing nization which, in the sport for which recogni- body during the 2-year period if such suspension tion is sought, conducts, on a level of pro- or revocation is for the same reason as the Cor- ficiency appropriate for the selection of ama- poration could have revoked or suspended such teur athletes to represent the United States in national governing body prior to November 8, international amateur athletic competition, a 1978. national program or regular national amateur (d) Recommendation of national governing body athletic competition, and ensures that such as United States representative to appro- representation shall reflect the nature, scope, priate international sports federation quality, and strength of the programs and competitions of such amateur sports organiza- Within 61 days after recognizing an amateur tion in relation to all other such programs and sports organization as a national governing competitions in such sport in the United body, in accordance with subsection (a) of this States; section, the Corporation shall recommend and (10) demonstrates that none of its officers support in any appropriate manner such na- are also officers of any other amateur sports tional governing body to the appropriate inter- organization which is recognized as a national national sports federation as the representative governing body; of the United States for that sport. (11) provides procedures for the prompt and (Sept. 21, 1950, ch. 975, title II, § 201, as added equitable resolution of grievances of its mem- Nov. 8, 1978, Pub. L. 95–606, § 2, 92 Stat. 3050.) bers; SECTION REFERRED TO IN OTHER SECTIONS (12) does not have eligibility criteria relating to amateur status which are more restric- This section is referred to in sections 373, 376, 395 of tive than those of the appropriate inter- this title. national sports federation; and § 392. Duties of national governing bodies (13) demonstrates, if it is an amateur sports organization seeking recognition as a national (a) For the sport which it governs, a national governing body, that it is prepared to meet the governing body is under duty to— obligations imposed on a national governing (1) develop interest and participation body under section 392 of this title. throughout the United States and be responsible to the persons and amateur sports orga- (c) Period within which to comply with eligi- nizations it represents; bility requirements; suspension or revoca- (2) minimize, through coordination with tion of recognition other amateur sports organizations, conflicts (1) Except as provided in paragraph (2), any in the scheduling of all practices and competi- amateur sports organization which on November tions; 8, 1978, is recognized by the Corporation to rep- (3) keep amateur athletes informed of policy resent a particular sport shall be considered to matters and reasonably reflect the views of be the national governing body for that sport. such athletes in its policy decisions; Such an organization is exempt for a period of 2 (4) promptly review every request submitted years from November 8, 1978, from meeting the by an amateur sports organization or person requirements of subsection (b) of this section, for a sanction (A) to hold an international and during the 2-year period shall take the nec- amateur athletic competition in the United essary actions to meet such requirements if it States; or (B) to sponsor United States ama- desires to retain its recognition. After the expi- teur athletes to compete in international ama- ration of the 2-year period, such an organization teur athletic competition held outside the shall continue as the national governing body United States, and determine whether to grant for that sport unless the Corporation determines such sanction, in accordance with the provi- that such organization is not in compliance with sions of subsection (b) of this section; Page 91 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 393

(5) allow an amateur athlete to compete in competition held outside the United States, if any international amateur athletic competi- such amateur sports organization or person— tion conducted under its auspices or that of (A) pays to the national governing body any other amateur sports organization or per- any required sanctioning fee, if such fee is son, unless it establishes that its denial was reasonable and nondiscriminatory; based on evidence that the organization or (B) submits a letter from the appropriate person conducting the competition did not entity which will hold the international meet the requirements stated in subsection (b) amateur athletic competition certifying of this section; that— (6) provide equitable support and encourage- (i) appropriate measures have been taken ment for participation by women where sepa- to protect the amateur status of athletes rate programs for male and female athletes who will take part in the competition and are conducted on a national basis; to protect their eligibility to compete in (7) encourage and support amateur athletic amateur athletic competition, sports programs for handicapped individuals (ii) appropriate provision has been made and the participation of handicapped individ- for validation of records which may be es- uals in amateur athletic activity, including, tablished during the competition, where feasible, the expansion of opportunities (iii) due regard has been given to any for meaningful participation by handicapped international amateur athletic require- individuals in programs of athletic competi- ments specifically applicable to the com- tion for able-bodied individuals; petition, (8) provide and coordinate technical infor- (iv) the competition will be conducted by mation on physical training, equipment de- qualified officials, sign, coaching, and performance analysis; and (v) proper medical supervision will be (9) encourage and support research, develop- provided for athletes who will participate ment, and dissemination of information in the in the competition, and areas of sports medicine and sports safety. (vi) proper safety precautions have been (b) As a result of its review under subsection taken to protect the personal welfare of (a)(4) of this section, if a national governing the athletes and spectators at the com- body does not determine by clear and convincing petition; and evidence that holding or sponsoring an inter- (C) submits a report of the most recent national amateur athletic competition would be trip, if any, to a foreign country which the detrimental to the best interest of the sport, the amateur sports organization or person spon- national governing body shall promptly grant to sored for the purpose of having United an amateur sports organization or person a States amateur athletes compete in inter- sanction to— national amateur athletic competition. (1) hold an international amateur athletic competition in the United States, if such ama- (Sept. 21, 1950, ch. 975, title II, § 202, as added teur sports organization or person— Nov. 8, 1978, Pub. L. 95–606, § 2, 92 Stat. 3052.) (A) pays to the national governing body SECTION REFERRED TO IN OTHER SECTIONS any required sanctioning fee, if such fee is This section is referred to in sections 391, 395 of this reasonable and nondiscriminatory; title. (B) demonstrates that— (i) appropriate measures have been taken § 393. Authority of national governing bodies to protect the amateur status of athletes who will take part in the competition and For the sport which it governs, a national gov- to protect their eligibility to compete in erning body is authorized to— amateur athletic competition, (1) represent the United States in the appro- (ii) appropriate provision has been made priate international sports federation; for validation of records which may be es- (2) establish national goals and encourage tablished during the competition, the attainment of those goals; (iii) due regard has been given to any (3) serve as the coordinating body for ama- international amateur athletic require- teur athletic activity in the United States; ments specifically applicable to the com- (4) exercise jurisdiction over international petition, amateur athletic activities and sanction inter- (iv) the competition will be conducted by national amateur athletic competition held in qualified officials, the United States and sanction the sponsor- (v) proper medical supervision will be ship of international amateur athletic com- provided for athletes who will participate petition held outside the United States; in the competition, and (5) conduct amateur athletic competition, (vi) proper safety precautions have been including national championships, and inter- taken to protect the personal welfare of national amateur athletic competition in the the athletes and spectators at the com- United States, and establish procedures for petition, and the determination of eligibility standards for participation in such competitions, except for (C) submits to the national governing body that amateur athletic competition specified in an audited or notarized financial report of section 396 of this title; similar events, if any, conducted by the (6) recommend to the Corporation individ- amateur sports organization or person; or uals and teams to represent the United States (2) sponsor United States amateur athletes in the Olympic Games and the Pan-American to compete in international amateur athletic Games; and § 394 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 92

(7) designate individuals and teams to rep- edies have been exhausted, it shall hold a hear- resent the United States in international ama- ing to receive testimony for the purpose of de- teur athletic competition (other than the termining if such national governing body is in Olympic Games and the Pan-American Games) compliance with the requirements of sections and certify, in accordance with applicable 391(b) and 392 of this title. international rules, the amateur eligibility of (B) If the Corporation determines, as a result such individuals and teams. of the hearings conducted pursuant to this subsection, that such national governing body is in (Sept. 21, 1950, ch. 975, title II, § 203, as added compliance with the requirements of sections Nov. 8, 1978, Pub. L. 95–606, § 2, 92 Stat. 3054.) 391(b) and 392 of this title, it shall so notify the REPLACEMENT OF NATIONAL GOVERNING BODY complainant and such national governing body. PURSUANT TO ARBITRATION (C) If the Corporation determines, as a result Pub. L. 96–304, title I, § 100, July 8, 1980, 94 Stat. 898, of hearings conducted pursuant to this sub- provided in part that: ‘‘none of the national governing section, that such national governing body is body authority specified in section 203 of Public Law not in compliance with the requirements of sec- 95–606 [36 U.S.C. 393] as hereby amended shall be exer- tions 391(b) and 392 of this title, it shall— cised by, a national governing body member of the (i) place such national governing body on Committee for a particular sport, when another ama- probation for a specified period of time, not to teur sports organization has been declared (pursuant to exceed 180 days, which it considers necessary binding arbitration proceedings prescribed by the or- to enable such national governing body to ganic documents of the Committee) entitled to replace such national governing body as the member of the comply with such requirements, or Committee for that sport.’’ (ii) revoke the recognition of such national governing body. § 394. Review (D) If the Corporation places a national gov- The Corporation may review all matters relat- erning body on probation pursuant to this para- ing to the continued recognition of a national graph, it may extend the probationary period if governing body and may take such action as it the national governing body has proven by clear considers appropriate, including, but not limited and convincing evidence that, through no fault to, placing conditions upon the continued rec- of its own, it needs additional time to comply ognition of the national governing body. with such requirements. If, at the end of the period allowed by the Corporation, the national (Sept. 21, 1950, ch. 975, title II, § 204, as added governing body has not complied with such re- Nov. 8, 1978, Pub. L. 95–606, § 2, 92 Stat. 3055.) quirements, the Corporation shall revoke the recognition of such national governing body. § 395. Compelling compliance with eligibility requirements and performance of duties by na- (b) Replacement of incumbent national govern- tional governing bodies ing body (b)(1) Any amateur sports organization may (a) Written complaint; exhaustion of remedies re- seek to replace an incumbent as the national quirement; hearing; determination by Cor- governing body for a particular sport by filing poration; probation; revocation of recogni- with the Corporation a written application for tion such recognition. Such application shall be filed (1) Any amateur sports organization or person (A) within the 1-year period after the final day which belongs to or is eligible to belong to a na- of any Olympic Games, in the case of a sport for tional governing body may seek to compel such which competition is held in the Olympic Games national governing body to comply with the re- or in both the Olympic and Pan-American quirements of sections 391(b) and 392 of this title Games; or (B) within the 1-year period after the by filing a written complaint with the Corpora- final day of any Pan-American Games, in the tion. Such organization or person may take such case of a sport for which competition is held in action only after having exhausted all available the Pan-American Games and not in the Olym- remedies within such national governing body pic Games. If two or more organizations file ap- for correcting deficiencies, unless it can be plications for the same sport, such applications shown by clear and convincing evidence that shall be considered in a single proceeding. those remedies would have resulted in unneces- (2) Any application filed under this subsection sary delay. The Corporation shall establish pro- shall be filed with the Corporation by registered cedures for the filing and disposition of com- mail. The Corporation shall establish procedures plaints received under this subsection. A copy of for the filing and disposition of applications re- the complaint shall also be served on the appli- ceived under this subsection. A copy of any such cable national governing body. application for recognition shall also be served (2) Within 30 days after the filing of the com- on the applicable national governing body. The plaint, the Corporation shall determine whether Corporation shall inform the applicant for rec- the organization has exhausted its remedies ognition that its application has been received. within the applicable national governing body, (3) Within 180 days after receipt of an applica- as provided in paragraph (1) of this subsection. If tion filed under this subsection, the Corporation the Corporation determines that any such rem- shall conduct a formal hearing to determine the edies have not been exhausted, it may direct merits of the application. The Corporation shall that such remedies be pursued before the Cor- publish notice of the time and place of such poration will further consider the complaint. hearing in a regular issue of its principal publi- (3)(A) Within 90 days after the filing of a com- cation at least 30 days, but not more than 60 plaint under paragraph (1) of this subsection, if days, prior to the date of the hearing. In the the Corporation determines that all such rem- course of such hearing, the applicant and the na- Page 93 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 396 tional governing body shall be given a reason- to the proceeding mutually agree to a lesser able opportunity to present evidence supporting number; their respective positions. During such hearing, (B) the arbitration hearing shall take place the applicant amateur sports organization must at a site selected by the Association, unless establish by a preponderance of the evidence the parties to the proceeding mutually agree that it meets the criteria for recognition as a to the use of another site; and national governing body under section 391(b) of (C) the arbitration hearing shall be open to this title, and that— the public. (A) the national governing body does not (2) The arbitrators in any arbitration are em- meet the criteria of section 391(b) or 392 of this powered to settle any dispute arising under the title; or provisions of this chapter prior to making a (B) it more adequately meets the criteria of final award, if mutually agreed to by the parties section 391(b) of this title, is capable of more to the proceeding and achieved in a manner not adequately meeting the criteria of section 392 inconsistent with the constitution and bylaws of of this title, and provides or is capable of pro- the Corporation. viding a more effective national program of (3) Each contesting party may be represented competition, than the national governing body by counsel or by any other duly authorized rep- in the sport for which it seeks recognition. resentative at the arbitration proceeding. The (4) Within 30 days of the close of the hearing parties may offer any evidence which they de- required under this subsection, the Corporation sire and shall produce any additional evidence shall— as the arbitrators believe necessary to an under- (A) uphold the right of the national govern- standing and determination of the dispute. The ing body to continue as the national governing arbitrators shall be the sole judges of the rel- body for its sport; evancy and materiality of the evidence offered. (B) revoke the recognition of the national Conformity to legal rules of evidence shall not governing body and declare a vacancy in the be necessary. national governing body for that sport; (4) All decisions by the arbitrators shall be by (C) revoke the recognition of the national majority vote unless the concurrence of all is governing body and recognize the applicant as expressly required by the contesting parties. the national governing body; or (5) Final decision of the arbitrators shall be (D) decide to place the national governing binding upon the involved parties, if such award body on probation of not to exceed 180 days, is not inconsistent with the constitution and by- pending the compliance of the national gov- laws of the Corporation. erning body, if such national governing body (6) The hearings may be reopened, by the arbi- would have retained recognition except for a trators upon their own motion or upon the mo- minor deficiency in one of the requirements of tion of any contesting party, at any time before section 391(b) or 392 of this title. a final decision is made, except that, if any contesting party makes such a motion, all parties If the national governing body does not comply to the decision must agree to reopen the hear- within the prescribed time period, the Corpora- ings if such reopening would result in the arbi- tion shall revoke the recognition of the national trators’ decision being delayed beyond the spe- governing body and either recognize the appli- cific period agreed upon at the beginning of the cant as the national governing body, or declare arbitration proceedings. a vacancy in the national governing body for that sport. (Sept. 21, 1950, ch. 975, title II, § 205, as added (5) Within 61 days after recognizing an ama- Nov. 8, 1978, Pub. L. 95–606, § 2, 92 Stat. 3055.) teur sports organization as a national governing body, in accordance with this subsection, the SECTION REFERRED TO IN OTHER SECTIONS Corporation shall recommend and support in This section is referred to in section 391 of this title. any appropriate manner such national governing body to the appropriate international sports § 396. Jurisdiction of restricted amateur athletic federation as the representative of the United competitions; national governing body sanc- States for that sport. tion for international amateur athletic competitions (c) Arbitration of Corporation determinations (c)(1) The right to review by any party ag- Any amateur sports organization which con- grieved by a determination of the Corporation ducts amateur athletic competition, participa- under the requirements of this section or section in which is restricted to a specific class of tion 391(c) of this title shall be to any regional amateur athletes (such as high school students, office of the American Arbitration Association. college students, members of the Armed Forces, Such demand for arbitration shall be submitted or similar groups or categories), shall have ex- within 30 days of the determination of the Cor- clusive jurisdiction over such competition. If poration. Upon receipt of such a demand for ar- such an amateur sports organization wishes to bitration, the Association shall serve notice on conduct international amateur athletic com- the parties to the arbitration and on the Cor- petition to be held in the United States, or spon- poration, and shall immediately proceed with sor international amateur athletic competition arbitration according to the commercial rules of to be held outside the United States, it shall ob- the Association in effect at the time of the filing tain a sanction from the appropriate national of the demand, except that— governing body. (A) the arbitration panel shall consist of not (Sept. 21, 1950, ch. 975, title II, § 206, as added less than three arbitrators, unless the parties Nov. 8, 1978, Pub. L. 95–606, § 2, 92 Stat. 3058.) § 401 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 94

SECTION REFERRED TO IN OTHER SECTIONS Farms, Washington, Indiana; Miss Pauline Pino, This section is referred to in section 393 of this title. 2507 Boulevard, Las Vegas, New Mexico; Honorable Charles P. Nelson, Waterville, CHAPTER 18—NATIONAL CONFERENCE OF Maine; Charles LeRoy Haines, 21 Pine Street, STATE SOCIETIES, WASHINGTON, DIS- Ellsworth, Maine; Miss Dorothy Bigelow, Eas- TRICT OF COLUMBIA ton, Maine; Donald Larabee, Gorham, Maine; Mrs. Winifred H. Grant, Wayside, Maryland; Wil- Sec. liam R. Clay, 3 Pooks Hill Lane, Bethesda, 401. Corporation created. Maryland; Charles F. Sharkey, 31 Thurston 402. Purposes of corporation. 403. Powers of corporation. Street, Somerville, Massachusetts; Mrs. Leona 404. Headquarters and principal office; territorial K. Knight, Bloomfield Hill, Michigan; Miss Hazel scope of activities; agent for service of proc- Ireman, 922 South State Street, Ann Arbor, ess. Michigan; Honorable Ruth Thompson, 816 Divi- 405. Membership. sion Street, White Hall, Michigan; James A. 406. Officers. Davis, 2027 Twenty-ninth Avenue, Meridian, Mis- 407. Board of representatives. sissippi; Mrs. Donald Osborne Hays, Flora, Mis- (a) Composition; powers. sissippi; Paul D. Best, Tunica, Mississippi; (b) Election of officers; tenure. (c) Composition of initial board. Eric G. Jannson, 5738 Walsh Street, Saint 408. Acquisition of assets and liabilities of exist- Louis, Missouri; Clarence McCune, 6425 McGee ing organization. Boulevard, Kansas City, Missouri; Lawrence 409. Distribution of income or assets to members. Scheewe, 540 Hillsdale Avenue, Helena, Mon- 410. Propaganda activities prohibited. tana; Miss Molly Clasby, Missoula, Montana; 411. Nonpolitical nature of corporation. Miss Jessie Stearns, Lincoln, Nebraska; Walter 412. Liability for acts of officers and agents. R. Johnson, Omaha, Nebraska; William F. 413. Books and records; inspection. McMenamin, 1131 Ralston Street, Reno, Nevada; 414. Prohibition against issuance of stock or payment of dividends. Miss Mildred Latham, 29 East First Street, 415. Loans to officers; liability. Reno, Nevada; William J. Fleming, 45 North 416. Repealed. Stenton Street, Atlantic City, New Jersey; 417. Use of assets on dissolution or liquidation. Ralph G. Denn, Rio Grande, New Jersey; Arthur 418. Exclusive right to name, seals, emblems, and Angel, 926 South Pacific, Las Vegas, New Mex- badges. ico; 419. Agents for service of process. Wilfred S. Dowling, 330 West Seventy-sixth 420. ‘‘State’’ defined. Street, New York, New York; Miss Marie T. 421. Reservation of right to amend or repeal chap- Dowling, 1882 DeKalb Avenue, Ridgewood, ter. Brooklyn, New York; John K. Slear, 511 North § 401. Corporation created Church Street, Charlotte, North Carolina; Mrs. W. Ney Evans, High Point, North Carolina; The following named persons: Peter Valiar, Winston-Salem, North Carolina; Honorable Albert Rains, Gadsden, Alabama; John S. Bartlett, 458 Moreley Avenue, Akron, Miss Ruth James, Gadsden, Alabama; Hoyt G. Ohio; Carl M. Walker, Pierre, South Dakota; Irving, 512 Hoatson Street, Warren, Arizona; Miss Iva Van Horn, Kennebec, South Dakota; Miss Mary Capps, Nogales, Arizona; Claude M. William L. Covington, 1510 Gale Avenue, Nash- Hirst, Prescott, Arkansas; Mrs. Gertrude Scott, ville, Tennessee; D. C. Scott Daniel, Paris, Ten- 1123 Stratford Avenue, South Pasadena, Califor- nessee; W. M. Burkhalter, McKenzie, Tennessee; nia; Howard W. Scott, Box 122, Palisade, Colo- Miss Bessie D. Thrasher, 2308 Highland Avenue, rado; Benjamin Sherman, Hartford, Connecticut; Nashville, Tennessee; Maurice R. Barnes, Miss Catherine Flynn, Meriden, Connecticut; Kaysville, Utah; Don Cassidy, Tooele, Utah; Honorable J. Caleb Boggs, 1250 Kynlyn Drive, Robert W. Barker, 1217 Washington Boulevard, Wilmington, Delaware; Mrs. Ruth F. Henderson, Ogden, Utah; John Y. Merrell, Brigham City, Seaford, Delaware; Charles A. Henderson, Utah; Miss Dorothy Hurley, Saint Albans, Ver- Seaford, Delaware; Charles G. Lavin, Jackson- mont; ville, Florida; Miss Utha Gray Smith, Orange Captain George P. Grove, 3608 North Albe- Court Hotel, Orlando, Florida; Colonel K. N. marle Street, Arlington, Virginia; Mrs. Grace Parkinson, Blackfoot, Idaho; Honorable Addison Montgomery, 301 Bellview Boulevard, Alexan- T. Smith, Twin Falls, Idaho; dria, Virginia; Colonel Heber H. Rice, 206 West Arnold M. Lederer, 5222 North Christiana Ave- Eleventh Avenue, Huntington, West Virginia; nue, Chicago, Illinois; Miss Charlotte A. Marr, Willis G. Kemper, 45 Maple Avenue, Morgan- 6327 North Okato Avenue, Chicago, Illinois; Hon- town, West Virginia; Honorable Harley M. Kil- orable Ralph Harvey, Rural Route 4, Newcastle, gore, Beckley, West Virginia; Honorable J. R. Indiana; Honorable Charles A. Halleck, 604 Jef- Farrington, 3180 Pacific Heights Road, Honolulu, ferson Street, Rensselaer, Indiana; Mrs. Esther Hawaii; Mrs. Margaret C. Turner, 607 Costa, Indianapolis, Indiana; Honorable Bourke Stangenwald Building, Honolulu, Hawaii; Ray E. Blakemore Hickenlooper, Cedar Rapids, Iowa; Davis, Melbourne, Arkansas; George A. Herman, Honorable Ben Franklin Jensen, Exira, Iowa; 11 Crocker Road, Medford, Massachusetts; Ken- Honorable Andrew F. Schoeppel, 115 South neth W. Ingwalson, Little Falls, Minnesota; J. F. Rutan Avenue, Wichita, Kansas; Charles H. Caprenter, Crookston, Minnesota; Earl Cox, 17 Helsper, 1199 West Street, Topeka, Kansas; Rob- Alfaretta Avenue, Akron, Ohio; John M. King, ert W. Salyers, 1801 South Third Street, Louis- 1318 Northwest Ninety-first Street, Oklahoma ville, Kentucky; F. M. Broussard, Lafayette, City, Oklahoma; Louisiana; Paul Jones, Winfield, Louisiana; Kenneth N. Hardy, Edmond, Oklahoma; Keith Honorable Homer E. Capehart, Capehart Hall, 808 North Holman Street, Portland, Or- Page 95 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 407 egon; Miss Pherne Miller, Eugene, Oregon; Hon- iting or controlling the ownership of real and orable O. E. Teague, Bryan, Texas; L. Tex personal property by, a corporation operating in Easley, 1106 Wesleyan Avenue, Fort Worth, such State; Texas; Honorable William K. Van Pelt, 47 Oak (g) To transfer or convey real or personal Lawn Avenue, Fond du Lac, Wisconsin; Walter property; Haefs, Oshkosh, Wisconsin; H. Mills Astin, 815 (h) To borrow money for the purposes of the East Fifth Street, Casper, Wyoming; Miss Mar- corporation, issue notes, bonds, or other evi- ian Jones, Lingle, Wyoming; Honorable John J. dences of indebtedness therefor, and secure the Allen, Junior, Oakland, California; Milo Palmer, same by mortgage, subject in every case to all Concord, New Hampshire; Miss Victoria E. applicable provisions of Federal or State law; Dobroska, 78 Temple Street, Nashua, New Hamp- (i) To use and display such emblems and shire; Major General Floyd L. Parks, Greenville, badges as it may adopt; South Carolina; Reverend J. Warren Hastings, (j) To publish a newspaper, magazine, or other Seattle, Washington; publication consistent with its corporate pur- and other persons who are members of the Con- poses; ference of State Societies, Washington. District (k) To do any and all acts necessary and prop- of Columbia, their successors, and persons ad- er to carry out the purposes of the corporation. mitted to membership pursuant to the provi- (Apr. 3, 1952, ch. 131, § 3, 66 Stat. 38.) sions of this chapter, are created and declared to be a body corporate by the name of the ‘‘Na- § 404. Headquarters and principal office; terri- tional Conference of State Societies, Washing- torial scope of activities; agent for service of ton, District of Columbia’’, and by such name process shall be known and have perpetual succession (a) The headquarters and principal offices of and the powers, limitations, and restrictions the corporation shall be located in Washington, contained in this chapter. District of Columbia, but the activities of the (Apr. 3, 1952, ch. 131, § 1, 66 Stat. 37; July 5, 1968, corporation shall not be confined to that place, Pub. L. 90–382, § 1(1), 82 Stat. 292.) but may be conducted throughout the various States and Territories of the United States. AMENDMENTS (b) The corporation shall maintain at all times 1968—Pub. L. 90–382 redesignated the Conference of in the District of Columbia a designated agent State Societies as the National Conference of State So- authorized to accept service of process for the cieties. Corporation, such designation to be filed in the office of the clerk of the United States District § 402. Purposes of corporation Court for the District of Columbia. Notice to, or The purposes of this corporation shall be to service upon, such agent, or mailed to the ad- promote friendly and cooperative relations be- dress of such agent, shall be deemed sufficient tween the various State and Territorial soci- notice or service upon the corporation. eties in the District of Columbia, and to foster, (Apr. 3, 1952, ch. 131, § 4, 66 Stat. 39.) participate in, and encourage educational, cultural, charitable, civic, and patriotic programs, § 405. Membership and activities in the District of Columbia and The membership of the corporation shall be surrounding communities, to act as contact made up of the members of the various State agent with States for carrying out State and Na- and Territorial societies in the District of Co- tional programs. lumbia. Eligibility for membership in the cor- (Apr. 3, 1952, ch. 131, § 2, 66 Stat. 38.) poration and the rights and privileges of members shall, except as provided in this chapter, be § 403. Powers of corporation determined according to the regulations and by- The corporation shall have the following pow- laws of the corporation. ers: (Apr. 3, 1952, ch. 131, § 5, 66 Stat. 39.) (a) To sue and be sued, complain and defend in any court of competent jurisdiction; § 406. Officers (b) To adopt, alter, and use a corporate seal; The officers of the corporation shall be a presi- (c) To choose such officers, managers, and dent, first vice president, second vice president, agents as the business of the corporation may secretary, assistant secretary, treasurer, assist- require; ant treasurer, historian, and such other officers (d) To ordain and establish bylaws and regula- as may be designated by the governing body. tions, not inconsistent with the laws of the United States of America or of any State in (Apr. 3, 1952, ch. 131, § 6, 66 Stat. 39.) which the corporation operates, for the manage- § 407. Board of representatives ment of its property and the regulation of its affairs; (a) Composition; powers (e) To contract and be contracted with; The governing body of the corporation shall be (f) To take and hold by lease, gift, purchase, a board of representatives which shall consist of grant, devise, or bequest any property, real or one representative from each State society and personal, necessary for carrying into effect the Territorial society in the District of Columbia. purposes of the corporation, subject to applica- Such board of representatives shall exercise the ble provisions of law of any State (1) governing powers herein granted to the corporation, and the amount or kind of real and personal prop- each member of such board shall have one vote erty which may be held by, or (2) otherwise lim- upon all matters determined. § 408 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 96

(b) Election of officers; tenure § 412. Liability for acts of officers and agents The officers shall be elected by such board of The corporation shall be liable for the acts of representatives at an annual meeting and shall its officers and agents when acting within the serve for a term of one year. scope of their authority. (c) Composition of initial board (Apr. 3, 1952, ch. 131, § 12, 66 Stat. 40.) The first board of representatives shall be § 413. Books and records; inspection composed of the following: The corporation shall keep current and com- Chairman, Charles LeRoy Haines; first vice plete books and records of account and shall chairman, Lawrence Scheewe; second vice chair- also keep minutes of the proceedings of its mem- man, Mrs. Esther Costa; secretary, Miss Bessie bers and of the board of representatives or com- D. Thrasher; assistant secretary, Miss Dorothy mittees having any authority of the board of Bigelow; treasurer, Mrs. Charles Henderson; re- representatives. It shall keep at its principal of- gional directors, William J. Fleming, chairman; fice a record of the names and addresses of its region I, Miss Catherine Flynn; region II, Wil- members entitled to vote. All books and records liam Clay; region III, John Slear; region IV, of the corporation may be inspected by any James A. Davis; region V, Arnold M. Lederer; remember or his agent or attorney for any proper gion VI, Miss Carlotta Reedy; region VII, Claude purpose at any reasonable time. M. Hirst; region VIII, Major Robert Joy; region IX, Colonel K. N. Parkinson. (Apr. 3, 1952, ch. 131, § 13, 66 Stat. 40.) Ray E. Davis, Hoyt G. Irving, Mrs. Gertrude J. § 414. Prohibition against issuance of stock or Scott, John J. Shaforth, Miss Utha Gray Smith, payment of dividends Ernest W. Ellis, Gertrude L. Groman, Mrs. Edna Rose Pearson, Mrs. Donald O. Hays, James H. The corporation shall not have or issue any Pearson, William McMenamin, Wilfred S. shares of stock, nor declare or pay any divi- Dowling, John S. Bartlett, Mrs. Maurine Howard dends. Abernathy, Carl M. Walker, Don Cassidy, Wil- (Apr. 3, 1952, ch. 131, § 14, 66 Stat. 40.) liam Garnett Lee, Walter Haefs, Heber H. Rice, Miss Marion Jones, Miss Dorothy Hurley, § 415. Loans to officers; liability Charles F. Sharkey, Arthur Angel, Ralph A. Pat- The corporation shall not make any loans to terson, Miss Hazel Ireman. its officers or members of the board of rep- (Apr. 3, 1952, ch. 131, § 7, 66 Stat. 39.) resentatives. Any officer or board of representatives member who votes for or assents to the § 408. Acquisition of assets and liabilities of exist- making of a loan or advance to an officer or ing organization board of representatives member, and any officer or board of representatives member who par- The corporation may acquire any or all of the ticipates in the making of such a loan or ad- assets of the existing organization known as the vance, shall be jointly and severally liable to Conference of State Societies, Washington, Dis- the corporation for the amount of such loan trict of Columbia, upon discharging or providing until the repayment thereof. for the payment and discharge of all its liabilities; and shall promptly file with the Congress (Apr. 3, 1952, ch. 131, § 15, 66 Stat. 40.) full information with respect to such discharge § 416. Repealed. Pub. L. 88–504, § 4(17), Aug. 30, provisions. 1964, 78 Stat. 637 (Apr. 3, 1952, ch. 131, § 8, 66 Stat. 40.) Section, act Apr. 3, 1952, ch. 131, § 16, 66 Stat. 40, related to audit of financial transactions and report of such § 409. Distribution of income or assets to mem- audit to Congress. See sections 1101 to 1103 of this title. bers § 417. Use of assets on dissolution or liquidation No part of the income or assets of the corpora- Upon final dissolution or liquidation of the tion shall inure or be distributable to any mem- corporation, and after the discharge or satisfac- ber or officer thereof except upon dissolution tion of all outstanding obligations and liabil- and final liquidation of the corporation as pro- ities, the remaining assets of the corporation vided in section 417 of this title. shall be divided equally among the State and (Apr. 3, 1952, ch. 131, § 9, 66 Stat. 40.) Territorial societies in the District of Columbia. (Apr. 3, 1952, ch. 131, § 17, 66 Stat. 41.) § 410. Propaganda activities prohibited SECTION REFERRED TO IN OTHER SECTIONS No part of the activities of the corporation This section is referred to in section 409 of this title. shall consist of carrying on propaganda. § 418. Exclusive right to name, seals, emblems, (Apr. 3, 1952, ch. 131, § 10, 66 Stat. 40.) and badges

§ 411. Nonpolitical nature of corporation The Corporation shall have the exclusive right to use, in carrying out its purposes, the name, The corporation, and its members and officers ‘‘National Conference of State Societies, Wash- as such, shall not contribute to or otherwise ington, District of Columbia,’’ and such seals, support or assist any political party or can- emblems, and badges as it may adopt. didate for elective public office. (Apr. 3, 1952, ch. 131, § 18, 66 Stat. 41; July 5, 1968, (Apr. 3, 1952, ch. 131, § 11, 66 Stat. 40.) Pub. L. 90–382, § 1(2), 82 Stat. 292.) Page 97 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 434

AMENDMENTS Sec. 441. Liability for acts of officers and agents. 1968—Pub. L. 90–382 substituted ‘‘National Conference 442. Prohibition against issuance of stock or pay- of State Societies, Washington, District of Columbia’’ ment of dividends. for ‘‘Conference of State Societies, Washington, D.C.’’ 443. Books and records; inspection. 444. Repealed. § 419. Agents for service of process 445. Use of assets on dissolution or liquidation. As a condition precedent to the exercise in 446. Exclusive right to name, emblems, seals, and any State of any power or privilege granted or badges. 447. Reservation of right to amend or repeal chap- conferred by this chapter, the corporation shall ter. serve notice upon the secretary of state, or similar officer, of any such State of the name and § 431. Corporation created address of an authorized agent in such State upon whom legal process or demands against the The following persons: Robert N. Anderson, corporation may be served. Arlington, Virginia; Emma Mae Brotze, Mar- shall, Texas; Leo M. Cadison, Asheville, North (Apr. 3, 1952, ch. 131, § 19, 66 Stat. 41.) Carolina; Thomas F. Clear, Stamford, Connecti- cut; Earle T. Hawkins, Towson, Maryland; Carl § 420. ‘‘State’’ defined B. Hyatt, Rockville, Maryland; Richard B. Ken- As used in this chapter the word State in- nan, Chevy Chase, Maryland; and Justin Miller, cludes the District of Columbia. Pacific Palisades, California, are created a body corporate by the name of the National Con- (Apr. 3, 1952, ch. 131, § 20, 66 Stat. 41.) ference on Citizenship (hereinafter referred to as the ‘‘corporation’’) and by such name shall be § 421. Reservation of right to amend or repeal known and have perpetual succession and the chapter powers and limitations contained in this chap- The right to repeal, alter, or amend this chapter. ter at any time is expressly reserved. (Aug. 13, 1953, ch. 427, § 1, 67 Stat. 562.) (Apr. 3, 1952, ch. 131, § 21, 66 Stat. 41.) SECTION REFERRED TO IN OTHER SECTIONS CHAPTER 19—CORREGIDOR BATAAN This section is referred to in sections 432, 437 of this MEMORIAL COMMISSION title. § 426. Omitted § 432. Completion of organization

CODIFICATION The persons named in section 431 of this title are authorized to complete the organization of Section, acts Aug. 5, 1953, ch. 326, 67 Stat. 366; Aug. 9, the corporation by the selection of officers and 1955, ch. 658, 69 Stat. 589; Aug. 28, 1957, Pub. L. 85–179, 71 Stat. 457; July 25, 1958, Pub. L. 85–556, §§ 1, 2, 72 Stat. employees, the adoption of regulations and by- 416, 417; Dec. 23, 1963, Pub. L. 88–240, § 1, 77 Stat. 477; laws and the doing of such other acts as may be Aug. 19, 1964, Pub. L. 88–448, title IV, § 402(a)(31), 78 Stat. necessary for such purpose. 495, authorized the President to appoint a Commission (Aug. 13, 1953, ch. 427, § 2, 67 Stat. 562.) to be known as the Corregidor Bataan Memorial Com- mission, which Commission terminated pursuant to § 433. Objects and purposes of corporation section 2 of Pub. L. 88–240, set out below. The objects and purposes of the corporation TERMINATION OF COMMISSION shall be— Pub. L. 88–240, § 2, Dec. 23, 1963, 77 Stat. 477, provided (1) to hold annually a national conference on that the Corregidor Bataan Memorial Commission citizenship on or about ‘‘Citizenship Day’’, would cease to exist upon completion of the construc- September 17; tion authorized by Pub. L. 88–240, or on May 6, 1967, at (2) to assist in the development of more dy- the latest. namic procedures for making citizenship more CHAPTER 20—NATIONAL CONFERENCE ON effective, including the promotion and encour- CITIZENSHIP agement of local, State, and regional citizenship conferences; and Sec. (3) to indicate the ways and means by which 431. Corporation created. various organizations may contribute con- 432. Completion of organization. cretely to the development of a more active, 433. Objects and purposes of corporation. 434. Powers of corporation. alert, enlightened, conscientious, and progres- 435. Headquarters and principal office; territorial sive citizenry in our country. scope of activities; agent for service of proc- (Aug. 13, 1953, ch. 427, § 3, 67 Stat. 562.) ess. 436. Membership; voting rights. § 434. Powers of corporation 437. National officers. 438. Board of Directors. The corporation shall have power— (a) Composition. (1) to sue and be sued, complain, and defend (b) Election. in any court of competent jurisdiction; (c) Meetings. (2) to adopt, alter, and use a corporate seal; (d) Executive committee. (3) to choose such officers, managers, agents, (e) Executive director; professional staff members. and employees as the business of the corpora- 439. Distribution of income or assets to members; tion may require; loans. (4) to adopt, amend, and alter bylaws and 440. Nonpolitical nature of corporation. regulations, not inconsistent with the laws of § 435 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 98

the United States or any State in which such § 437. National officers corporation is to operate, for the management of its property and the regulation of its af- (a) The national officers shall be a president, fairs, including the establishment and mainte- who shall serve as chairman of the board of di- nance of local and State conferences on citi- rectors and of the executive committee, a first zenship; vice president, a second vice president, a third (5) to contract and be contracted with; vice president, a secretary, and a treasurer, to (6) to take and hold by lease, gift, purchase, be selected from the officers and members of the grant, devise, or bequest any property, real or member agencies or organizations participating personal, necessary for attaining the objects in the conference. and accomplishing the purposes of the cor- (b) For the purposes of initiating the corpora- poration, subject to applicable provisions of tion, the national officers shall be elected with- law of any State (a) governing the amount or in ten days of August 13, 1953, by the persons kind of real and personal property which may named in section 431 of this title, to serve until be held by, or (b) otherwise limiting or con- the final session of the next following annual trolling the ownership of real and personal conference. Thereafter, the national officers of property by a corporation operating in such the corporation shall be elected biennially by a State; majority vote of the agencies and organizations (7) to transfer and convey real or personal sending delegates to, and participating in the property; annual conference, one vote to each such agency (8) to borrow money for the purposes of the and to each such organization. corporation, issue bonds therefor, and secure (Aug. 13, 1953, ch. 427, § 7, 67 Stat. 563.) the same by mortgage, subject to all applicable provisions of Federal or State law; § 438. Board of Directors (9) to use the corporate funds to give prizes, (a) Composition or awards, to citizens for outstanding con- From August 13, 1953, until the final session of tributions toward the achievement of the pur- the next following annual conference, the gov- poses of the corporation; erning body of the corporation, which shall exer- (10) to publish a magazine or other publica- cise the powers herein granted to the corporation consistent with its corporate purposes; tion, shall be the persons named in section 431 of (11) to use and display such emblems and this title and such additional persons as shall be badges as it may adopt; and named by them. Thereafter, the governing body (12) to do any and all acts and things nec- of the corporation shall be a board of directors essary and proper to carry out the objects and consisting of such number (not less than ten in- purposes of the corporation. cluding ex officio members) as the bylaws may (Aug. 13, 1953, ch. 427, § 4, 67 Stat. 562.) prescribe. The Board of Directors shall be selected from the officers or members of the mem- § 435. Headquarters and principal office; terri- ber agencies or organizations participating in torial scope of activities; agent for service of the conference. process (b) Election (a) The headquarters and principal offices of The members of the board of directors shall be the corporation shall be located in the District elected for such term as the bylaws shall pre- of Columbia, or in the States of Maryland or scribe by a majority vote of the agencies and or- Virginia, but the activities of the corporation ganizations sending delegates to, and participat- shall not be confined to these places but may be ing in the annual conference, one vote to each conducted throughout the various States, Terri- such agency and to each such organization. tories, and possessions of the United States. (b) The corporation shall maintain at all times (c) Meetings in the District of Columbia a designated agent The board shall meet at least once each year authorized to accept service of process for the at such time and place as may be prescribed by corporation, such designation to be filed in the the bylaws. The annual report of the board shall office of the clerk of the United States District be presented at such meeting. Special meetings Court for the District of Columbia. Notice to or of the board may be called as prescribed by the service upon such agent, or mailed to the busi- bylaws. ness address of such agent, shall be deemed suf- (d) Executive committee ficient notice or service upon the corporation. The board shall designate three of its own (Aug. 13, 1953, ch. 427, § 5, 67 Stat. 563.) members, who together with the president and the three vice presidents shall constitute the ex- § 436. Membership; voting rights ecutive committee which, when the board is not Membership in the corporation shall be con- in session, shall have and exercise the powers of fined to agencies and organizations and the the board subject to its direction and have the rights and privileges of membership shall, ex- power to authorize the seal of the corporation to cept as otherwise provided in this chapter, be be affixed to all papers which may require it. prescribed by the bylaws of the corporation. In (e) Executive director; professional staff mem- the conduct of the business of the annual na- bers tional conference on citizenship each agency or An executive director for the corporation shall organization sending delegates to, and partici- be selected by the executive committee in keep- pating in such conference shall have one vote. ing with qualifications and terms of employ- (Aug. 13, 1953, ch. 427, § 6, 67 Stat. 563.) ment adopted by such committee. Other profes- Page 99 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 461 sional staff members shall be nominated by the § 444. Repealed. Pub. L. 88–504, § 4(18), Aug. 30, executive director and approved by the execu- 1964, 78 Stat. 637 tive committee. Section, act Aug. 13, 1953, ch. 427, § 14, 67 Stat. 565, re- (Aug. 13, 1953, ch. 427, § 8, 67 Stat. 564.) lated to audit of financial transactions and report of such audit to the Comptroller General. See sections SECTION REFERRED TO IN OTHER SECTIONS 1101 to 1103 of this title. This section is referred to in section 439 of this title. § 445. Use of assets on dissolution or liquidation § 439. Distribution of income or assets to members; loans Upon final dissolution or liquidation of the corporation, and after the discharge or satisfac- (a) No part of the income or assets of the cor- tion of all outstanding obligations and liabil- poration shall inure to any member, officer, or ities, the remaining assets of the corporation director, or be distributable to any such person, shall be transferred by the board of directors to agency, or organization except upon dissolution some recognized agency or agencies engaged in or final liquidation of the corporation as pro- the furtherance and advancement of citizenship. vided in section 445 of this title. Nothing in this (Aug. 13, 1953, ch. 427, § 15, 67 Stat. 565.) subsection, however, shall be construed to prevent the executive committee from adopting SECTION REFERRED TO IN OTHER SECTIONS terms of employment of the executive director This section is referred to in section 439 of this title. as prescribed by section 438(e) of this title. (b) The corporation shall not make loans to its § 446. Exclusive right to name, emblems, seals, officers, directors, or employees. Any director and badges who votes for or assents to the making of a loan to an officer, director, or employee of the cor- The corporation shall have the sole and exclu- poration, and any officer who participates in the sive right to use the name, the National Con- making of such loan shall be jointly and sever- ference on Citizenship, and such emblems, seals, ally liable to the corporation for the amount of and badges as the corporation may lawfully such loan until the repayment thereof. adopt. (Aug. 13, 1953, ch. 427, § 9, 67 Stat. 564.) (Aug. 13, 1953, ch. 427, § 16, 67 Stat. 565.) § 440. Nonpolitical nature of corporation § 447. Reservation of right to amend or repeal chapter The corporation, and its members, officers, and directors, as such, shall not contribute to or The right to alter, amend, or repeal this chap- otherwise support or assist any political party ter is expressly reserved. or candidate for elective public office, nor advo- (Aug. 13, 1953, ch. 427, § 17, 67 Stat. 565.) cate, sponsor, or promote legislation in the Con- gress of the United States or in the legislatures CHAPTER 21—NATIONAL SAFETY COUNCIL of the several States. Sec. (Aug. 13, 1953, ch. 427, § 10, 67 Stat. 564.) 461. Corporation created. 462. Completion of organization. § 441. Liability for acts of officers and agents 463. Objects and purposes of corporation. 464. Powers of corporation. The corporation shall be liable for the acts of 465. Principal office; territorial scope of activi- its officers and agents when acting within the ties; agent for service of process. scope of their authority. 466. Membership; voting rights. 467. Board of directors. (Aug. 13, 1953, ch. 427, § 11, 67 Stat. 565.) (a) Composition of initial board. (b) Composition of subsequent boards; § 442. Prohibition against issuance of stock or tenure. payment of dividends (c) Duties. The corporation shall have no power to issue 468. Officers. 469. Trustees; powers. any shares of stock, nor to declare or pay any 470. Distribution of income or assets to members; dividends, its objects and purposes being solely loans. patriotic and educational. 471. Nonpolitical nature of corporation. (Aug. 13, 1953, ch. 427, § 12, 67 Stat. 565.) 472. Liability for acts of officers and agents. 473. Prohibition against issuance of stock or pay- § 443. Books and records; inspection ment of dividends. 474. Books and records; inspection. The corporation shall keep correct and com- 475. Repealed. plete books and records of account and shall 476. Use of assets on dissolution or liquidation. also keep minutes of the proceedings of the an- 477. Exclusive right to name, emblems, seals, and nual conference, the board of directors, and badges. 478. Acquisition of assets and liabilities of exist- committees having any authority under the ing corporation. board of directors; and it shall also keep at its 479. Reservation of right to amend or repeal chap- principal office a record of the names and ad- ter. dresses of its members entitled to vote. All books and records of the corporation may be in- § 461. Corporation created spected by any member entitled to vote or his Melvin H. Baker, Lawrence D. Bell, James B. agent or attorney at any reasonable time. Black, S. Bruce Black, Morgan B. Brainard, (Aug. 13, 1953, ch. 427, § 13, 67 Stat. 565.) John W. Carpenter, Ray Carr, William G. Chan- § 462 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 100 dler, Kenneth B. Colman, Frederick C. Crawford, (Aug. 13, 1953, ch. 429, § 3, 67 Stat. 569.) Walter J. Cummings, Richard R. Deupree, Ben- jamin F. Fairless, Wallace Falvey, Francis J. § 464. Powers of corporation Gavin, George A. Jacoby, George E. Leighty, Horace P. Liversidge, Henry E. North, Thomas I. The corporation shall have power— Parkinson, A. V. Rohweder, William A. Simp- (1) to sue and be sued, complain, and defend son, Lee E. Skeel, W. A. Stewart, John Stilwell, in any court of competent jurisdiction; J. E. Trainer, and Juan T. Trippe are created (2) to adopt, alter, and use a corporate seal; and declared to be a body corporate by the name (3) to choose such officers, directors, trust- of National Safety Council, hereinafter called ees, managers, agents, and employees as the the corporation, and by such name shall be business of the corporation may require; known and have perpetual succession and the (4) to adopt, amend, and alter a constitution powers and limitations contained in this chap- and bylaws, not inconsistent with the laws of ter. the United States or any State in which the (Aug. 13, 1953, ch. 429, § 1, 67 Stat. 569.) corporation is to operate, for the management of its property and the regulation of its af- SECTION REFERRED TO IN OTHER SECTIONS fairs; This section is referred to in section 462 of this title. (5) to contract and be contracted with; (6) to charge and collect membership dues, § 462. Completion of organization subscription fees, and receive contributions or The persons named in section 461 of this title grants of money or property to be devoted to are authorized to complete the organization of the carrying out of its purposes; the corporation by the selection of officers and (7) to take and hold by lease, gift, purchase, employees, the adoption of a constitution and grant, devise, or bequest any property, real or bylaws, not inconsistent with this chapter, and personal, necessary for attaining the objects the doing of such other acts as may be necessary and carrying into effect the purposes of the for such purpose. corporation, subject to applicable provisions of law in any State (a) governing the amount (Aug. 13, 1953, ch. 429, § 2, 67 Stat. 569.) or kind of real and personal property which § 463. Objects and purposes of corporation may be held by, or (b) otherwise limiting or controlling the ownership of real or personal The objects and purposes of the corporation property by a corporation operating in such shall be— State; (1) to further, encourage, and promote meth- (8) to transfer, encumber, and convey real or ods and procedures leading to increased safety, personal property; protection, and health among employees and (9) to borrow money for the purposes of the employers and among children, in industries, corporation, issue bonds therefor, and secure on farms, in schools and colleges, in homes, on the same by mortgage, subject to all applica- streets and highways, in recreation, and in ble provisions of Federal or State law; other public and private places; (10) to use the corporate funds to give prizes, (2) to collect, correlate, publish, distribute, awards, or other evidences of merit or recogni- and disseminate educational and informative tion to persons, organizations, associations, or data, reports, and all other data relative to corporations, public or private, for outstand- safety methods and procedures; ing contributions toward the achievement of (3) to arouse and maintain the interest of the purposes of the corporation; the people of the United States, its Territories (11) to publish magazines and other publica- and possessions in safety and in accident pre- tions and materials, whether periodic or occa- vention, and to encourage the adoption and in- sional, consistent with its corporate purposes; stitution of safety methods by all persons, cor- (12) to organize, establish, and conduct con- porations, and other organizations; ferences on safety and accident prevention; (4) to organize, establish, and conduct pro- (13) to adopt, alter, use, and display such em- grams, lectures, conferences, and other activi- blems, seals, and badges as it may adopt; ties for the education of all persons, corpora- (14) to establish and maintain offices for the tions, and other organizations in safety meth- conduct of its business, and to charter local, ods and procedures; State, and regional safety organizations, and (5) to organize, and to aid in the organiza- to establish, regulate, and discontinue depart- tion of, local safety chapters throughout the mental subdivisions and local, State, and re- United States, its Territories and possessions, gional chapters in appropriate places through- and to provide organizational guidance and out the United States, its Territories and pos- materials to promote the national safety; sessions; and (6) to cooperate with, enlist, and develop the (15) to do any and all acts and things nec- cooperation of and between all persons, cor- essary and proper to carry out the objects and porations, and other organizations and agen- purposes of the corporation and, for such pur- cies, both public and private, engaged or inter- pose, the corporation shall also have, in addi- ested in, or in any manner connected with, tion to the foregoing in this section and sub- any or all of the foregoing purposes; and section, the rights, powers, duties, and liabil- (7) to do any and all lawful acts which may ities of the existing corporation referred to in be necessary, useful, suitable, desirable, and section 478 of this title as far as they are not proper for the furtherance, accomplishment, modified or superseded by this chapter. and attainment of any or all of the foregoing purposes. (Aug. 13, 1953, ch. 429, § 4, 67 Stat. 570.) Page 101 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 468

§ 465. Principal office; territorial scope of activi- Howard Gramlich, Chicago, Illinois; W. Earl ties; agent for service of process Hall, Mason City, Iowa; R. A. Harschnek, Chi- cago, Illinois; O. R. Hartwig, Portland, Oregon; (a) The principal office of the corporation Doctor Herold C. Hunt, Chicago, Illinois; Harold shall be located in Chicago, Illinois, or in such P. Jackson, Newark, New Jersey; George A. other place as may later be determined by the Jacoby, Detroit, Michigan; Mrs. George W. board of directors, but the activities of the cor- Jaqua, Winchester, Indiana; Joseph M. Kaplan, poration shall not be confined to that place and Los Angeles, California; E. W. Kempton, Pitts- may be conducted throughout the various burgh, Pennsylvania; Mrs. Fred W. Knight, States, Territories, and possessions of the Cartersville, Georgia; Franklin M. Kreml, United States. Evanston, Illinois; Walter G. Legge, New York, (b) The corporation shall maintain at all times New York; Boyd Lewis, New York, New York; in the District of Columbia a designated agent Thomas H. MacDonald, College Station, Texas; authorized to accept service or process for the Miss Marion E. Martin, Augusta, Maine; I. W. corporation, and notice to or service upon such Millard, Danville, Illinois; Harry M. Moses, agent, or mailed to the business address of such Washington, District of Columbia; D. E. agent, shall be deemed notice to or service upon Mumford, New York, New York; Hallie L. Myers, the corporation. Indianapolis, Indiana; Guy L. Noble, Chicago, Il- (Aug. 13, 1953, ch. 429, § 5, 67 Stat. 570.) linois; Henry E. North, San Francisco, Califor- nia; Clifton W. Phalen, Detroit, Michigan; Harry § 466. Membership; voting rights L. Powell, Milwaukee, Wisconsin; Harry Read, (a) Eligibility for membership in the corpora- Washington, District of Columbia; A. V. tion and the rights and privileges of members Rohweder, Duluth, Minnesota; Robert T. Ross, shall, except as provided in this chapter, be de- Dearborn, Michigan; Doctor K. Frances Scott, termined as the constitution and bylaws of the Northampton, Massachusetts; Honorable Lee E. corporation may provide. Skeel, Cleveland, Ohio; Robert R. Snodgrass, At- (b) Each member of the corporation, other lanta, Georgia; Leslie J. Sorenson, Chicago, Illi- than honorary and sustaining members, shall nois; Doctor H. J. Stack, New York, New York; have the right to one vote on each matter sub- J. C. Stennett, Chicago, Illinois; W. A. Stewart, mitted to a vote at all meetings of the members Southbridge, Massachusetts; Miss Judith of the corporation. The corporation may, by its Waller, Chicago, Illinois; Mrs. George Welles, constitution and bylaws, provide for additional Junior, Duluth, Minnesota; Doctor George M. voting rights in accordance with dues paid. Wheatley, New York, New York; E. C. Wood- (Aug. 13, 1953, ch. 429, § 6, 67 Stat. 571.) ward, Milwaukee, Wisconsin; and Doctor Wil- liam P. Yant, Pittsburgh, Pennsylvania. § 467. Board of directors (b) Composition of subsequent boards; tenure (a) Composition of initial board Thereafter, the board of directors of the cor- Upon enactment of this chapter the member- poration shall consist of such number (not less ship of the initial board of directors of the cor- than fifteen), shall be selected in such manner poration shall consist of the present members of (including the filling of vacancies), and shall the board of directors of the National Safety serve for such term as may be prescribed in the Council, Inc., referred to in section 478 of this constitution and bylaws of the corporation. title, or such of them as may then be living and (c) Duties are qualified directors of that corporation, to wit—E. F. du Pont, Wilmington, Delaware; The board of directors shall be the governing Franklin M. Kreml, Evanston, Illinois; A. F. board of the corporation and shall, during the Allen, Dallas, Texas; J. I. Banash, West Los An- intervals between corporation meetings, be re- geles, California; William B. Barton, Washing- sponsible for the general policies and program of ton, District of Columbia; C. W. Bergquist, Indi- the corporation. The board shall be responsible anapolis, Indiana; R. A. L. Bogan, Chicago, Illi- for all finance except as provided for in section nois; Norman E. Borgerson, Lansing, Michigan; 469 of this title. Harry H. Brainerd, Pittsburgh, Pennsylvania; (Aug. 13, 1953, ch. 429, § 7, 67 Stat. 571.) Fred W. Braun, Wausau, Wisconsin; Theo Brown, Moline, Illinois; E. J. Buhner, Louisville, Ken- § 468. Officers tucky; Alfred W. Cantwell, Washington, District (a) The officers of the corporation shall be a of Columbia; Ray Carr, Portland, Oregon; Jesse chairman of the board of directors, a president, Clark, Chicago, Illinois; Reginald M. Cleveland, three or more vice presidents (as may be pre- New York, New York; William L. Connolly, scribed in the constitution and bylaws of the Washington, District of Columbia; Doctor B. L. corporation), a secretary, a treasurer, and an ex- Corbett, Milwaukee, Wisconsin; Charles R. Cos, ecutive vice president. The duties of the officers New York, New York; Ernest G. Cox, Washing- shall be as prescribed in the constitution and ton, District of Columbia; R. S. Damon, Kansas bylaws of the corporation. City, Missouri; Ned H. Dearborn, Chicago, Illi- (b) Officers, except the executive vice presi- nois; J. Dewey Dorsett, New York, New York; E. dent, shall be elected annually at the annual F. du Pont, Wilmington, Delaware; Martin P. meeting of the corporation. The executive vice Durkin, Washington, District of Columbia; Wal- president shall be elected by the board of direc- lace Falvey, Boston, Massachusetts; Kirk Fox, tors in such manner as may be prescribed by the Des Moines, Iowa; C. H. Gallaway, Southbridge, constitution and bylaws of the corporation. Massachusetts; George F. Getz, Junior, Chicago, Illinois; Gordon C. Graham, Detroit, Michigan; (Aug. 13, 1953, ch. 429, § 8, 67 Stat. 572.) § 469 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 102

§ 469. Trustees; powers § 475. Repealed. Pub. L. 88–504, § 4(19), Aug. 30, 1964, 78 Stat. 637 There shall be trustees, whose number (not less than fifteen), method of selection, and term Section, act Aug. 13, 1953, ch. 429, § 15, 67 Stat. 573, re- of office shall be as the constitution and bylaws lated to audit of financial transactions and report of of the corporation may prescribe. The trustees such audit to Congress. See sections 1101 to 1103 of this shall have full power and control over such con- title. tributed funds as may be raised by them. § 476. Use of assets on dissolution or liquidation (Aug. 13, 1953, ch. 429, § 9, 67 Stat. 572.) Upon final dissolution or liquidation of the SECTION REFERRED TO IN OTHER SECTIONS corporation, and after discharge or satisfaction This section is referred to in section 467 of this title. of all outstanding obligations and liabilities, the remaining assets of the corporation may be dis- § 470. Distribution of income or assets to mem- tributed in accordance with the determination bers; loans of the board of directors of the corporation and (a) No part of the income or assets of the cor- in compliance with the constitution and bylaws poration shall inure to any member, officer, or of the corporation and all Federal and State director, or be distributable to any such person laws applicable thereto. otherwise than upon dissolution or final liquida- (Aug. 13, 1953, ch. 429, § 16, 67 Stat. 573.) tion of the corporation as provided in section 476 of this title. Nothing in this subsection, how- SECTION REFERRED TO IN OTHER SECTIONS ever, shall be construed to prevent the payment This section is referred to in section 470 of this title. of compensation to officers of the corporation in amounts approved by the executive committee § 477. Exclusive right to name, emblems, seals, of the corporation. and badges (b) The corporation shall not make loans to its The corporation, and its subordinate divisions officers, directors, or employees. Any director and regional, State, and local chapters, shall who votes for or assents to the making of a loan have the sole and exclusive right to use the to an officer, director, or employee of the cor- name, National Safety Council. The corporation poration, and any officer who participates in the shall have the exclusive and sole right to use, or making of such loan, shall be jointly and sever- to allow or refuse the use of, such emblems, ally liable to the corporation for the amount of seals, and badges as it may legally adopt, and such loan until the repayment thereof. such emblems, seals, and badges as have here- (Aug. 13, 1953, ch. 429, § 10, 67 Stat. 572.) tofore been used by the Illinois corporation referred to in section 478 of this title in carrying § 471. Nonpolitical nature of corporation out its program, it being distinctly understood, The corporation, and its officers, directors, however, that nothing in this chapter shall and duly appointed agents as such, shall not interfere or conflict with established or vested contribute to or otherwise support or assist any rights. political party or candidate for office. (Aug. 13, 1953, ch. 429, § 17, 67 Stat. 574.) (Aug. 13, 1953, ch. 429, § 11, 67 Stat. 573.) § 478. Acquisition of assets and liabilities of exist- § 472. Liability for acts of officers and agents ing corporation The corporation shall be liable for the acts of The corporation may acquire the assets of the its officers and agents when acting within the National Safety Council, Incorporated, a cor- scope of their authority. poration organized under the laws of the State of Illinois, upon discharging or satisfactorily (Aug. 13, 1953, ch. 429, § 12, 67 Stat. 573.) providing for the payment and discharge of all § 473. Prohibition against issuance of stock or of the liability of such corporation and upon payment of dividends complying with all laws of the State of Illinois applicable thereto. The corporation shall have no power to issue any shares of stock nor to declare nor pay any (Aug. 13, 1953, ch. 429, § 18, 67 Stat. 574.) dividends. SECTION REFERRED TO IN OTHER SECTIONS (Aug. 13, 1953, ch. 429, § 13, 67 Stat. 573.) This section is referred to in sections 464, 467, 477 of this title. § 474. Books and records; inspection § 479. Reservation of right to amend or repeal The corporation shall keep correct and com- chapter plete books and records of account and shall keep minutes of the proceedings of its members, The right to alter, amend, or repeal this chap- board of directors, and committees having any ter is expressly reserved. of the authority of the board of directors; and it (Aug. 13, 1953, ch. 429, § 19, 67 Stat. 574.) shall also keep at its principal office a record of the names and addresses of its members entitled CHAPTER 22—PERSHING HALL MEMORIAL to vote. All books and records of the corporation FUND may be inspected by any member entitled to vote, or his agent or attorney, for any proper Sec. purpose, at any reasonable time. 491. Creation of fund; investments; payments to American Legion. (Aug. 13, 1953, ch. 429, § 14, 67 Stat. 573.) 492. Repealed. Page 103 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 493

Sec. ABOLITION OF PERSHING HALL MEMORIAL FUND 493. Transfer of Pershing Hall to jurisdiction, cus- The Pershing Hall Memorial Fund, established pursu- tody, and control of Department of Veter- ant to this section, was abolished and the corpus and ans Affairs. accrued interest was transferred to the Pershing Hall (a) In general. Revolving Fund. See section 493(d)(3) of this title. (b) Administration. (c) Leases. SECTION REFERRED TO IN OTHER SECTIONS (d) Fund. This section is referred to in section 493 of this title. (e) Waiver. § 492. Repealed. Pub. L. 86–533, § 1(2), June 29, § 491. Creation of fund; investments; payments to 1960, 74 Stat. 245 American Legion Section, act June 28, 1935, ch. 323, § 3, 49 Stat. 426, re- Any balance remaining from the sum of quired an itemized report of expenditures to be made to $482,032.92 authorized to be appropriated, by the Congress on first day of each regular session. Secretary of the Treasury, by section 1 of the Act approved June 28, 1935, chapter 323, 49 Stat. § 493. Transfer of Pershing Hall to jurisdiction, 426, for effecting a settlement of any indebted- custody, and control of Department of Veter- ness connected with Pershing Hall, a memorial ans Affairs already erected in Paris, France, under the aus- (a) In general pices of the American Legion, Inc., to the com- Pershing Hall, an existing memorial in Paris, mander in chief, officers, men and auxiliary France, owned by the United States, together services of the American Expeditionary Forces, with the personal property of such memorial, is to the end that such memorial as so freed from hereby placed under the jurisdiction, custody, debt may be perpetuated, shall, after settlement and control of the Department of Veterans Af- of such indebtedness, be retained by the Sec- fairs so that the memorial to the commander-in- retary of the Treasury as a special fund to be chief, officers, men, and auxiliary services of the known as the ‘‘Pershing Hall Memorial Fund.’’ American Expeditionary Forces in France dur- The Secretary of the Treasury is authorized (a) ing World War I may be continued in an appro- to invest and reinvest any part or all of the cor- priate manner and financial support be provided pus of this fund so remaining in interest-bearing therefor. United States Government bonds and retain cus- (b) Administration tody thereof; and (b) upon request of the Amer- ican Legion, Inc., the Secretary of the Treasury (1)(A) The Secretary of Veterans Affairs shall shall pay to the National Treasurer of the Amer- administer, operate, develop, and improve Per- ican Legion, Inc., from time to time any part of shing Hall and its site in such manner as the the earnings upon the fund for use in the main- Secretary determines is in the best interests of tenance and/or perpetuation of Pershing Hall. the United States, which may include use of Pershing Hall to meet the needs of veterans. To (June 28, 1935, ch. 323, § 2, 49 Stat. 426.) meet such needs, the Secretary may establish and operate a regional or other office to dissemi- REFERENCES IN TEXT nate information, respond to inquiries, and Section 1 of act June 28, 1935, ch. 323, 49 Stat. 426, re- otherwise assist veterans and their families in ferred to in text, provided: ‘‘That $482,032.92 of the fund obtaining veterans’ benefits. entitled ‘Recreation fund—Army’, created by the War (B) To carry out the purposes of this section, Department Appropriation Act, approved March 4, 1933 [see 47 Stat. 1573], is hereby authorized to be appro- the Secretary may enter into agreements au- priated by the Secretary of the Treasury for effecting thorized by subsection (c) of this section to fund a settlement of any indebtedness connected with Per- the operation of the memorial and projects au- shing Hall, a memorial already erected in Paris, thorized by subsection (d)(6) of this section. France, under the auspices of the American Legion, (2)(A) The Secretary shall, after consultation Inc., to the commander in chief, officers, men and aux- with the American Battle Monuments Commis- iliary services of the American Expeditionary Forces, sion, provide for a portion of Pershing Hall to be to the end that such memorial as so freed from debt specifically dedicated, with appropriate exhibi- may be perpetuated: Provided, That the amount herein tions and monuments, to the memory of the provided shall not be used for the purposes indicated herein, until the legal title to said property shall have commander-in-chief, officers, men, and auxiliary been vested in the Government of the United States for services of the American Expeditionary Forces the use and benefit of all American officers and en- in France during World War I. listed men of the World War [World War I].’’ (B) The establishment and continuing supervision of the memorial that is dedicated pursu- CODIFICATION ant to subparagraph (A) shall be carried out by In the original, section 2 of act June 28, 1935, read the American Battle Monuments Commission. ‘‘Any balance remaining after settlement of such in- (3) To the extent that funds are available in debtedness shall be retained’’, etc. The descriptive lan- the Pershing Hall Revolving Fund established guage substituted largely therefor, at the beginning of by subsection (d) of this section, the Secretary this section, was taken from section 1 of that act, re- may incur such expenses with respect to Per- ferred to in that descriptive language and set out shing Hall as the Secretary determines nec- above. essary or appropriate. APPROPRIATIONS (4) The Secretary of Veterans Affairs may provide the allowances and benefits described in Act Aug. 12, 1935, ch. 508, title I, § 1 (part), 49 Stat. 594, appropriated the sum of $482,032.92 for the purposes of section 707 of title 38 to personnel of the Depart- this section and of section 1 of act June 28, 1935, set out ment of Veterans Affairs who are United States above, subject to the conditions set out in the proviso citizens and are assigned by the Secretary to in section 1 of act June 28, 1935. Pershing Hall. § 501 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 104

(c) Leases Fund under subsection (d)(2) of this section has (1) The Secretary may enter into agreements been completed. as the Secretary determines necessary or appro- (C) An expenditure authorized by subpara- priate for the operation, development, and im- graph (A) shall be reported by the Secretary to provement of Pershing Hall and its site, includ- the Congress no later than November 1 of each ing the leasing of portions of the Hall for terms year for the fiscal year ending on the previous not to exceed 99 years in areas that are newly September 30. constructed or substantially rehabilitated and (e) Waiver for not to exceed 20 years in other areas of the The Secretary may carry out the provisions of Hall. this section without regard to section 8122 of (2) Leases entered into by the Secretary under title 38, section 303b of title 40, sections 483 and this subsection shall be for consideration in the 484 of title 40, or any other provision of law inform of cash or in-kind, or a combination of the consistent with this section. two, as determined by the Secretary, which shall include the value of space leased back to (Pub. L. 102–86, title IV, § 403, Aug. 14, 1991, 105 the Secretary by the lessee, net of rent paid by Stat. 422; Pub. L. 103–79, § 4, Aug. 13, 1993, 107 the Secretary, and the present value of the re- Stat. 772; Pub. L. 103–446, title XII, § 1202(c), Nov. sidual interest of the Secretary at the end of the 2, 1994, 108 Stat. 4689.) lease term. AMENDMENTS (d) Fund 1994—Subsec. (b)(4). Pub. L. 103–446 substituted ‘‘sec- (1) There is hereby established the Pershing tion 707 of title 38’’ for ‘‘section 235 of title 38’’. Hall Revolving Fund to be administered by the 1993—Subsec. (c)(1). Pub. L. 103–79 substituted ‘‘99 Secretary of Veterans Affairs. years’’ for ‘‘35 years’’. (2) There shall be transferred to the Pershing Hall Revolving Fund, at such time or times as CHAPTER 23—BOARD FOR FUNDAMENTAL the Secretary may determine without limita- EDUCATION tion as to year, amounts as determined by the Sec. Secretary, not to exceed $1,000,000 in total, from 501. Corporation created. funds appropriated to the Department of Veter- 502. Completion of organization. ans Affairs for the construction of major 503. Objects and purposes of corporation. projects. The account from which any such 504. Powers of corporation. amount is transferred shall be reimbursed 505. Principal office; territorial scope of activities; agent for service of process. promptly from other funds as they become part 506. Membership; voting rights. of the Pershing Hall Revolving Fund. 507. Board of directors. (3) The Pershing Hall Memorial Fund, estab- 508. Officers. lished in the Treasury of the United States pur- 509. Distribution of income or assets to members; suant to section 491 of this title, is hereby abol- loans. ished and the corpus of the fund, including ac- 510. Nonpolitical nature of corporation. crued interest, is transferred to the Pershing 511. Liability for acts of officers and agents. Hall Revolving Fund. 512. Prohibition against issuance of stock, pay- (4) Funds received by the Secretary from oper- ment of dividends, or business activities. 513. Books and records; inspection. ation of Pershing Hall or from any lease or 514. Repealed. other agreement with respect to Pershing Hall 515. Use of assets on dissolution or liquidation. shall be deposited in the Pershing Hall Revolv- 516. Exclusive right to name, seals, emblems, and ing Fund. badges. (5) The Secretary of the Treasury shall invest 517. Agents for service of process. any portion of the Revolving Fund that, as de- 518. Reservation of right to amend or repeal chap- termined by the Secretary of Veterans Affairs, ter. is not required to meet current expenses of the § 501. Corporation created Fund. Each investment shall be made in an interest bearing obligation of the United States or The following persons: Ernest R. Alexander, of an obligation guaranteed as to principal and in- Dallas, Texas; John R. Alford, of Henderson, terest by the United States that, as determined Texas; William H. Book, of Indianapolis, Indi- by the Secretary of Veterans Affairs, has a ma- ana; E. M. Dealey, of Dallas, Texas; A. Dale turity suitable for the Revolving Fund. The Sec- Fiers, of Indianapolis, Indiana; Fred F. Florence, retary of the Treasury shall credit to the Re- of Dallas, Texas; E. B. Germany, of Dallas, volving Fund the interest on, and the proceeds Texas; Sam Gladney, of Dallas, Texas; Theodore from the sale or redemption of, such obligations. B. Griffith, of Indianapolis, Indiana; O. H. (6)(A) Subject to subparagraphs (B) and (C), Grissom, of Longview, Texas; Harry T. Ice, of In- the Secretary of Veterans Affairs may expend dianapolis, Indiana; J. C. Judge, of Mineola, not more than $100,000 from the Fund in any fis- Texas; George Kuhn, of Indianapolis, Indiana; cal year upon projects, activities, and facilities Charles J. Lynn, of Indianapolis, Indiana; Eu- determined by the Secretary to be in keeping gene S. Pulliam, of Indianapolis, Indiana; C. B. with the mission of the Department. Roberts, of Dallas, Texas; William L. Schloss, of (B) An expenditure under subparagraph (A) Indianapolis, Indiana; Ben H. Wooten, of Dallas, may be made only from funds that will remain Texas; and Joseph Zeppa, of Tyler, Texas; and in the Fund in any fiscal year after payment of their associates and successors are created a expenses incurred with respect to Pershing Hall body corporate by the name of Board for Fun- for such fiscal year and only after the reim- damental Education (hereinafter referred to as bursement of all amounts transferred to the the ‘‘corporation’’) and by such name shall be Page 105 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 509 known and have perpetual succession and the (9) to use the corporate funds to give prizes, powers and limitations contained in this chap- awards, loans, scholarships and grants to deter. serving students for the purposes set forth in section 503 of this title; (July 19, 1954, ch. 536, § 1, 68 Stat. 489.) (10) to publish a magazine and other publica- SECTION REFERRED TO IN OTHER SECTIONS tions; and This section is referred to in section 502 of this title. (11) to do any and all acts and things necessary and proper to carry out the objects and § 502. Completion of organization purposes of the corporation. A majority of the persons named in section 501 (July 19, 1954, ch. 536, § 4, 68 Stat. 490.) of this title, or their successors, are hereby authorized to meet to complete the organization of § 505. Principal office; territorial scope of activi- the corporation by the adoption of a constitu- ties; agent for service of process tion and bylaws, the election of officers, and by The activities of the corporation may be con- doing all things necessary to carry into effect ducted throughout the various States, Terri- the provisions of this chapter. tories, and possessions of the United States. The (July 19, 1954, ch. 536, § 2, 68 Stat. 490.) corporation shall maintain at all times in the District of Columbia a designated agent author- § 503. Objects and purposes of corporation ized to accept service of process for the corporation, such designation to be filed in the office of The objects and purposes of the corporation the clerk of the United States District Court for shall be to foster the development of fundamen- the District of Columbia. Notice to or service tal education through programs and projects upon such agent, or mailed to the business ad- such as— dress of such agent, shall be deemed sufficient (1) giving citizens (children, youth, and notice or service upon the corporation. The prin- adults) opportunity to acquire the understand- cipal office of the corporation shall be estab- ings and skills necessary to relate the re- lished at such place as the board of directors sources of the community to the needs and in- deems appropriate. terests of the community. (2) demonstrating programs of fundamental (July 19, 1954, ch. 536, § 5, 68 Stat. 490.) education and measuring results. (3) training men and women as leaders in § 506. Membership; voting rights fundamental education by providing intern- Eligibility for membership in the corporation ships and other experiences. and the rights and privileges of members shall, (July 19, 1954, ch. 536, § 3, 68 Stat. 490.) except as provided in this chapter, be determined according to the constitution and bylaws SECTION REFERRED TO IN OTHER SECTIONS of the corporation. In the conduct of the official This section is referred to in sections 504, 515 of this business of the corporation each member shall title. have one vote. § 504. Powers of corporation (July 19, 1954, ch. 536, § 6, 68 Stat. 491.) The corporation shall have power— § 507. Board of directors (1) to sue and be sued, complain and defend in any court of competent jurisdiction; The corporation shall be governed by a board (2) to adopt, use, and alter a corporate seal; of directors composed of not less than fifteen (3) to choose such officers, managers, agents, members of the corporation who shall be elected and employees as the business of the corpora- annually to serve on such board by the members tion may require; of the corporation. (4) to adopt and alter a constitution and by- (July 19, 1954, ch. 536, § 7, 68 Stat. 491.) laws, not inconsistent with the laws of the United States or any State in which such cor- § 508. Officers poration is to operate, for the management of The officers of the corporation shall consist of its property and the regulation of its affairs; a chairman of the board, a president, one or (5) to contract and be contracted with; more vice presidents, a secretary, a treasurer, (6) to take and hold by lease, gift, purchase, and such assistant officers as the board of direc- grant, devise, or bequest any property, real or tors shall designate. The officers shall perform personal, necessary for attaining the objects such duties and have such powers as the bylaws of accomplishing the purposes of the corpora- and the board of directors may from time to tion, subject to applicable provisions of law of time prescribe. any State (A) governing the amount or kind of real and personal property which may be held (July 19, 1954, ch. 536, § 8, 68 Stat. 491.) by, or (B) otherwise limiting or controlling § 509. Distribution of income or assets to mem- the ownership of real and personal property bers; loans by, a corporation operating in such State; (7) to transfer and convey real or personal (a) No part of the income or assets of the cor- property; poration shall inure to any member, officer, or (8) to borrow money for the purposes of the director, or be distributable to any such person corporation, issue bonds therefor, and secure except upon dissolution and final liquidation of the same by mortgage, subject to all applica- the corporation as provided in section 515 of this ble provisions of Federal or State law; title. § 510 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 106

(b) The corporation shall not make loans to its § 516. Exclusive right to name, seals, emblems, officers, directors, or employees. Any director and badges who votes for or assents to the making of a loan to any officer, director, or employee of the cor- The corporation shall have the sole and exclu- poration, and any officer who participates in the sive right to use the name of Board for Fun- making of such a loan shall be jointly and sever- damental Education as representing such cor- ally liable to the corporation for the amount of poration and such seals, emblems, and badges as such loan until the repayment thereof. the corporation may lawfully adopt. (July 19, 1954, ch. 536, § 9, 68 Stat. 491.) (July 19, 1954, ch. 536, § 16, 68 Stat. 492.)

CROSS REFERENCES § 517. Agents for service of process Exemption from income tax of certain organizations, As a condition precedent to the exercise of any see section 501 of Title 26, Internal Revenue Code. power or privilege granted to the corporation § 510. Nonpolitical nature of corporation under this chapter, the corporation shall file in the office of the Secretary of State, or similar The corporation and its members, officers, and office, in each State and in each Territory or directors, as such, shall not contribute to or possession of the United States in which the cor- otherwise support or assist any political party poration is doing business, the name and post of- or candidate for elective public office. fice address of an authorized agent in such (July 19, 1954, ch. 536, § 10, 68 Stat. 491.) State, Territory, or possession upon whom legal process or demand against the corporation may § 511. Liability for acts of officers and agents be served. The corporation shall be liable for the acts of (July 19, 1954, ch. 536, § 17, 68 Stat. 492.) its officers and agents when acting within the scope of their authority. § 518. Reservation of right to amend or repeal chapter (July 19, 1954, ch. 536, § 11, 68 Stat. 491.) The right to alter, amend, or repeal this chap- § 512. Prohibition against issuance of stock, pay- ter is expressly reserved. ment of dividends, or business activities (July 19, 1954, ch. 536, § 18, 68 Stat. 492.) The corporation shall have no power to issue any shares of stock or to declare or pay any CHAPTER 24—SONS OF UNION VETERANS dividends, or to engage in business for pecuniary OF THE CIVIL WAR profit. Sec. (July 19, 1954, ch. 536, § 12, 68 Stat. 491.) 531. Corporation created. 532. Completion of organization. § 513. Books and records; inspection 533. Purposes of corporation. 534. Powers of corporation. The corporation shall keep correct and com- 535. Membership. plete books and records of account and shall 536. Government; composition; form; meeting also keep minutes of the proceedings of its mem- plan. bers, the board of directors, and committees 537. Council of administration. having any authority under the board of direc- (a) Duration of authority; responsibil- tors; and it shall also keep a record of the names ities. and addresses of its members entitled to vote. (b) Composition of initial council. (c) Composition of subsequent councils. All books and records of the corporation may be 538. Officers. inspected by any member or his agent or attor- 539. Principal office; territorial scope of activi- ney, at any reasonable time. ties; agent for service of process. (July 19, 1954, ch. 536, § 13, 68 Stat. 491.) 540. Distribution of income or assets to members; loans. § 514. Repealed. Pub. L. 88–504, § 4(20), Aug. 30, 541. Nonpolitical nature of corporation. 1964, 78 Stat. 637 542. Liability for acts of officers and agents. 543. Prohibition against issuance of stock or pay- Section, act July 19, 1954, ch. 536, § 14, 68 Stat. 491, re- ment of dividends. lated to audit of financial transactions and report of 544. Books and records; inspection. such audit to Congress. See sections 1101 to 1103 of this 545. Repealed. title. 546. Annual report. 547. Exclusive right to name, emblems, seals, and § 515. Use of assets on dissolution or liquidation badges. 548. Acquisition of assets and liabilities of exist- Upon final dissolution or liquidation of the ing corporation. corporation and after the discharge or satisfac- 549. Use of assets on dissolution or liquidation. tion of all outstanding obligations and liabil- 550. Reservation of right to amend or repeal chap- ities, the remaining assets of the corporation ter. shall be used by the board of directors for the purposes stated in section 503 of this title or be § 531. Corporation created transferred to some recognized educational The following named persons to wit: General foundation. of the Army Douglas MacArthur, New York; (July 19, 1954, ch. 536, § 15, 68 Stat. 492.) Major General Amos A. Fries, retired, and Major General Ulysses S. Grant, 3d, retired, Washing- SECTION REFERRED TO IN OTHER SECTIONS ton, District of Columbia; Charles Boynton, This section is referred to in section 509 of this title. Long Beach, California; Frank Worner, Page 107 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 535

Inglewood, California; Wilbur Coursey, Fresno, § 533. Purposes of corporation California; Roy A. Davis, Colorado Springs, Col- The purposes of the corporation shall be: To orado; Angus Ogborn, Richmond, Indiana; Thom- perpetuate the memory of the Grand Army of as M. Horn, Lafayette, Indiana; Alonzo R. Stan- the Republic and of the men who saved the field, Indianapolis, Indiana; Roy J. Bennett, Des Union in 1861 to 1865; to assist in every prac- Moines, Iowa; Homer L. Young, Waterloo, Iowa; ticable way in the preservation and making Dr. L. L. Shoppe, Des Moines, Iowa; E. S. Span- available for research of documents and records gler, Newton, Kansas; A. P. Phillips, Newton, pertaining to the Grand Army of the Republic Kansas; William Dix, Newton, Kansas; F. Harold and its members; to cooperate in doing honor to Dubord, Waterville, Maine; Hon. Burleigh Mar- all those who have patriotically served our tin, Augusta, Maine; General William E. country in any war; to teach patriotism and the Southard, Bangor, Maine; George W. Kimball, duties of citizenship, the true history of our Chelsea, Massachusetts; Brigadier General Otis country, and the love and honor of our flag; to M. Whitney, Concord, Massachusetts; Charles H. oppose every tendency or movement that would E. Moran, Holyoke, Massachusetts; Governor weaken loyalty to, or make for the destruction Alvan Tufts Fuller, Boston, Massachusetts; or impairment of, our constitutional Union; and Charles R. Cowdin, Detroit, Michigan; Birt to inculcate and broadly sustain the American Hammong, Jackson, Michigan; Charles F. Dex- principles of representative government, of ter, Detroit, Michigan; Donald F. Peacock, De- equal rights, and of impartial justice for all. troit, Michigan; Dewey B. Mead, Minneapolis, Minnesota; Donald C. Bennyhof, Hennepin Coun- (Aug. 20, 1954, ch. 774, § 3, 68 Stat. 749.) ty, Minnesota; William A. Anderson, Minneapo- lis, Minnesota; Laurence J. Parker, Bennington, § 534. Powers of corporation New Hampshire; Wallace L. Mason, Keene, New The corporation shall have power— Hampshire; Cleon E. Heald, Keene, New Hamp- (1) to have succession by its corporate name; shire; Colonel Edward Black, retired, (2) to sue and be sued, complain and defend Bennington, New Hampshire; Albert C. Lambert, in any court of competent jurisdiction; Trenton, New Jersey; Colonel Frederic G. Bauer, (3) to adopt, use, and alter a corporate seal; Ridgewood, New Jersey; Charles A. Otto, Eliza- (4) to choose such officers, managers, agents, beth, New Jersey; C. Wesley Armstrong, Tren- and employees as the activities of the corpora- ton, New Jersey; Doctor Karl Rothschild, New tion may require; Brunswick, New Jersey; Rev. Hermon L. (5) to adopt, amend, and alter a constitution Brockway, Ithica, New York; William M. Coffin, and bylaws; not inconsistent with the laws of Cincinnati, Ohio; Homer A. Ramey, Toledo, the United States or any State in which the Ohio; Miles S. Kuhn, Dayton, Ohio; S. Anselm corporation is to operate, for the management Skelton, Portsmouth, Ohio; Frederick K. Davis, of its property and the regulation of its af- Eugene, Oregon; Doctor W. E. Buchanan, Eu- fairs; gene, Oregon; Austin D. McReynolds, Eugene, (6) to contract and be contracted with; Oregon; Glenn L. Adams, Salem, Oregon; John (7) to take by lease, gift, purchase, grant, de- H. Runkle, Harrisburg, Pennsylvania; C. Leroy vise, or bequest from any public body or agen- Stoudt, Reading, Pennsylvania; Walter C. cy or any private corporation, association, Mabie, Philadelphia, Pennsylvania; Edgar L. partnership, firm, or individual and to hold ab- Gale, Seattle, Washington; Edward T. Fairchild, solutely or in trust for any of the purposes of Madison, Wisconsin; Roland J. Steinle, Milwau- the corporation any property, real, personal, kee, Wisconsin; Lyall T. Beggs, Madison, Wis- or mixed, necessary or convenient for attain- consin; and Doctor William Martin Lamers, ing the objects and carrying into effect the Wauwatosa, Wisconsin; and their successors, are purposes of the corporation, subject, however, created and declared to be a body corporate of to applicable provisions of law of any State the District of Columbia, where its legal domi- (A) governing the amount or kind of property cile shall be, by the name of the Sons of Union which may be held by, or (B) otherwise limit- Veterans of the Civil War (hereinafter referred ing or controlling the ownership of property to as the corporation), and by such name shall by, a corporation operating in such State; be known and have perpetual succession and the (8) to transfer, convey, lease, sublease, en- powers, limitations, and restrictions herein con- cumber and otherwise alienate real, personal tained. or mixed property; and (Aug. 20, 1954, ch. 774, § 1, 68 Stat. 748.) (9) to borrow money for the purposes of the corporation, issue bonds therefor, and secure SECTION REFERRED TO IN OTHER SECTIONS the same by mortgage, deed of trust, pledge or This section is referred to in section 532 of this title. otherwise, subject in every case to all applicable provisions of Federal and State laws; and § 532. Completion of organization (10) to do any and all acts and things nec- A majority of the persons named in section 531 essary and proper to carry out the objects and of this title, acting in person or by written purposes of the corporation. proxy, are authorized to complete the organiza- (Aug. 20, 1954, ch. 774, § 4, 68 Stat. 749.) tion of the corporation by the selection of officers and employees, the adoption of a constitu- § 535. Membership tion and bylaws not inconsistent with this chap- Eligibility for membership in the corporation ter, and the doing of such other acts as may be and the rights, privileges, and designation of necessary for such purpose. classes of members shall, except as provided in (Aug. 20, 1954, ch. 774, § 2, 68 Stat. 749.) this chapter, be determined as the constitution § 536 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 108 and bylaws of the corporation may provide. Eli- (Aug. 20, 1954, ch. 774, § 7, 68 Stat. 750.) gibility for membership in the corporation shall be limited to male blood relatives of persons § 538. Officers who served between April 12, 1861, and April 9, The officers of the corporation shall be a com- 1865, as soldiers or sailors of the United States mander in chief, a senior vice commander in Army, Navy, Marine Corps or Revenue-Cutter chief, a junior vice commander in chief, a sec- Service, and of such State regiments as were retary and a treasurer (which latter two offices called into active service and were subject to or- may be held by one person), and such other offi- ders of United States general officers between cers as may be prescribed in the constitution the dates above mentioned and were honorably and bylaws. The officers of the corporation shall discharged therefrom at the close of such service be selected in such manner and for such terms or who died in such service. and with such duties and titles as may be pre- (Aug. 20, 1954, ch. 774, § 5, 68 Stat. 750.) scribed in the constitution and bylaws of the corporation. REVENUE-CUTTER SERVICE (Aug. 20, 1954, ch. 774, § 8, 68 Stat. 751.) Coast Guard established in lieu of Revenue-Cutter Service and Life-Saving Service by act Jan. 28, 1915, ch. § 539. Principal office; territorial scope of activi- 20, § 1, 38 Stat. 800. That act was repealed by act Aug. ties; agent for service of process 4, 1949, ch. 393, § 20, 63 Stat. 561, section 1 of which rees- (a) The principal office of the corporation tablished the Coast Guard by enacting Title 14, Coast Guard. shall be located in Trenton, New Jersey, or in such other place as may be determined by the § 536. Government; composition; form; meeting council of administration; but the activities of plan the corporation shall not be confined to that place, but may be conducted throughout the The supreme governing authority of the cor- various States and District of Columbia, and poration shall be the national encampment Territories and possessions of the United States. thereof, composed of such officers and elected (b) The corporation shall have in the District representatives from the several States and of Columbia at all times a designated agent au- other local subdivisions of the corporate organi- thorized to accept service of process for the cor- zation as shall be provided by the constitution poration; and notice to or service upon such and bylaws: Provided, That the form of the gov- agent, or mailed to the business address of such ernment of the corporation shall always be rep- agent, shall be deemed notice to or service upon resentative of the membership at large and shall the corporation. not permit the concentration of the control thereof in the hands of a limited number of (Aug. 20, 1954, ch. 774, § 9, 68 Stat. 751.) members or in a self-perpetuating group not so § 540. Distribution of income or assets to mem- representative. The meetings of the national en- bers; loans campment may be held in any State or Terri- tory or in the District of Columbia. (a) No part of the income or assets of the corporation shall inure to any of its members or of- (Aug. 20, 1954, ch. 774, § 6, 68 Stat. 750.) ficers as such, or be distributable to any of them during the life of the corporation or upon its dis- § 537. Council of administration solution or final liquidation. Nothing in this (a) Duration of authority; responsibilities subsection, however, shall be construed to pre- During the intervals between the national en- vent the payment of compensation to officers of campments, the council of administration shall the corporation or reimbursement for actual be the governing board of the corporation and necessary expenses in amounts approved by the shall be responsible for the general policies, pro- council of administration of the corporation. (b) The corporation shall not make loans to its gram, and activities of the corporation. officers or employees. Any member of the coun- (b) Composition of initial council cil of administration who votes for or assents to Upon the enactment of this chapter the mem- the making of a loan or advance to an officer or bership of the initial council of administration employee of the corporation, and any officer of the corporation shall consist of the present who participates in the making of such a loan or members of the council of administration of the advance, shall be jointly and severally liable to Sons of Union Veterans of the Civil War, the the corporation for the amount of such loan corporation described in section 548 of this title, until the repayment thereof. or such of them as may then be living and are (Aug. 20, 1954, ch. 774, § 10, 68 Stat. 751.) qualified members of said council of administration, to wit: Major General Ulysses S. Grant, 3d, § 541. Nonpolitical nature of corporation retired; Dewey B. Mead; Reverend Hermon L. The corporation and its officers and agents as Brockway; Laurence J. Parker; George W. such shall not contribute to or otherwise sup- Kimball, Frederick K. Davis; and Albert C. Lam- port or assist any political party or candidate bert. for public office. (c) Composition of subsequent councils (Aug. 20, 1954, ch. 774, § 11, 68 Stat. 751.) Thereafter, the council of administration of the corporation shall consist of not less than § 542. Liability for acts of officers and agents seven members elected in the manner and for The corporation shall be liable for the acts of the term prescribed in the constitution and by- its officers and agents when acting within the laws of the corporation. scope of their authority. Page 109 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 571

(Aug. 20, 1954, ch. 774, § 12, 68 Stat. 751.) § 549. Use of assets on dissolution or liquidation § 543. Prohibition against issuance of stock or Upon dissolution or final liquidation of the payment of dividends corporation, after discharge or satisfaction of all outstanding obligations and liabilities, the The corporation shall have no power to issue remaining assets, if any, of the corporation shall any shares of stock or to declare or pay any be distributed in accordance with the deter- dividends. mination of the council of administration and in (Aug. 20, 1954, ch. 774, § 13, 68 Stat. 751.) compliance with the constitution and bylaws of the corporation and all Federal and State laws § 544. Books and records; inspection applicable thereto. The corporation shall keep correct and com- (Aug. 20, 1954, ch. 774, § 19, 68 Stat. 752.) plete books and records of account and shall § 550. Reservation of right to amend or repeal keep minutes of the proceedings of its national chapter encampments and council of administration. All books and records of the corporation may be in- The right to alter, amend, or repeal this chap- spected by any member, or his agent or attor- ter is expressly reserved. ney, for any proper purpose, at any reasonable (Aug. 20, 1954, ch. 774, § 20, 68 Stat. 752.) time. (Aug. 20, 1954, ch. 774, § 14, 68 Stat. 751.) CHAPTER 25—THE FOUNDATION OF THE FEDERAL BAR ASSOCIATION

§ 545. Repealed. Pub. L. 88–504, § 4(21), Aug. 30, Sec. 1964, 78 Stat. 637 571. Corporation created. 572. Completion of organization. Section, act Aug. 20, 1954, ch. 774, § 15, 68 Stat. 751, re- 573. Objects and purposes of corporation. lated to audit of financial transactions and report of 574. Powers of corporation. such audit to Congress. See sections 1101 to 1103 of this 575. Principal office; territorial scope of activi- title. ties; agent for service of process. § 546. Annual report 576. Membership; voting rights. 577. Board of directors. On or before March 1 of each year the corpora- (a) Composition of initial board. tion shall report to the Congress on its activi- (b) Composition of subsequent boards; ties during the preceding fiscal year. Such re- tenure. (c) Powers; voting rights; meetings. port may consist of a report on the proceedings 578. Officers. of the National Encampment covering such fis- 579. Distribution of income or assets to members; cal year. Such report shall not be printed as a loans. public document. 580. Nonpolitical nature of corporation. 581. Liability for acts of officers and agents. (Aug. 20, 1954, ch. 774, § 16, 68 Stat. 752.) 582. Prohibition against issuance of stock or payment of dividends. § 547. Exclusive right to name, emblems, seals, 583. Books and records; inspection. and badges 584. Repealed. 585. Use of assets on dissolution or liquidation. The corporation and its subordinate divisions 586. Qualifications for membership. shall have the sole and exclusive right to use the 587. Exclusive right to name. name, the Sons of Union Veterans of the Civil 588. ‘‘State’’ defined. War. The corporation shall have the exclusive 589. Reservation of right to amend or repeal chap- and sole right to use, or to allow or refuse the ter. use of, such emblems, seals, and badges as it § 571. Corporation created may legally adopt, and such emblems, seals, and badges as have heretofore been used by the Illi- The following-named persons, Justin Miller, nois corporation described in section 548 of this California; William L. Ellis, Michigan; Bettin title and the right to which may be lawfully Stalling, Illinois; William S. Tyson, North Caro- transferred to the corporation. lina; Kennedy C. Watkins, District of Columbia; Martin C. Epstein, New York; Laurence H. (Aug. 20, 1954, ch. 774, § 17, 68 Stat. 752.) Axman, District of Columbia; Julian R. Eagle, § 548. Acquisition of assets and liabilities of exist- Pennsylvania; William F. Farrell, Texas; ing corporation Barratt O’Hara, Junior, Illinois; Joseph F. Brodie, California; Spurgeon E. Paul, Colorado; The corporation may acquire the assets of the J. Edward Hauk, Maryland; Ida I. Kloze, Mary- Sons of Union Veterans of the Civil War, a cor- land; William R. Vallance, New York; Clyde poration organized under the laws of the State Baggarly, Virginia; Charles W. Freeman, Cali- of Illinois, upon discharging or satisfactorily fornia; William A. Roberts, District of Colum- providing for the payment and discharge of all bia; Ralph G. Cornell, Maryland; Horace Russell, of the liability of such corporation and upon Illinois; complying with all laws of the State of Illinois Robert E. Freer, Ohio; Frank J. Delany, Illi- applicable thereto. nois; William N. Morell, Minnesota; Heber H. (Aug. 20, 1954, ch. 774, § 18, 68 Stat. 752.) Rice, Maryland; William E. Reese, Virginia; Robert N. Anderson, Virginia; Marguerite SECTION REFERRED TO IN OTHER SECTIONS Rawalt, Texas; Robert H. Shields, Maryland; This section is referred to in sections 537, 547 of this Harold Lee, New York; James E. Palmer, Junior, title. Virginia; John A. McIntire; Maryland; Major § 572 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 110

General E. M. Brannon, District of Columbia; Tollefson, Iowa; Leon H. Wallace, Indiana; Clay- Maxwell H. Elliott, New York; Edwin L. Fisher, ton E. Williams, Virginia; Roscoe L. Barrow, Maryland; Edward E. Odom, California; Rear Ad- Ohio; Henry P. Brandis, Junior, Colorado; A. L. miral Ira H. Nunn, Arkansas; Herman Phleger, Gausewitz, New Mexico; Spencer L. Kimball, California; Arthur J. Klayman, Illinois; F. Jo- Utah; C. W. Leaphart, Montana; Daniel J. seph Donohue, District of Columbia; Frank J. McKenna, Michigan; Joseph O’Meara, Indiana; Parker, New York; Ernest Votaw, Pennsylvania; R. A. Rasco, Florida; Seward Reese, Oregon; T. Wade Harrison, Florida; Admiral O. S. Earl Sneed, Junior, Oklahoma; Brendan F. Colclough, Pennsylvania; J. Lee Rankin, Ne- Brown, District of Columbia; O. H. braska; Stanley N. Barnes, California; Newell Thormodsgard, North Dakota; Ray Forrester, Blair, Virginia; Louisiana; are created a body corporate, of the Clarence A. Davis, Nebraska; Ralph E. Becker, District of Columbia and there domiciled, by the New York; George J. Bott, Maryland; John C. name of ‘‘The Foundation of the Federal Bar As- Doerfer, Wisconsin; Richard S. Doyle, Maryland; sociation’’ (hereafter referred to as the ‘‘cor- Whitney Gilliland, Iowa; Abe McGregor Goff, poration’’) and by such name shall be known and Idaho; Earl W. Kintner, Indiana; J. Hervey have perpetual succession and the powers and Macomber, Vermont; William P. McCracken, limitations contained in this chapter. District of Columbia; Andrew P. Murphy, Jun- ior, Massachusetts; Lambert McAllister, Ohio; (Aug. 24, 1954, ch. 911, § 1, 68 Stat. 795.) Joe E. Moody, Missouri; Lawrence C. Moore, SECTION REFERRED TO IN OTHER SECTIONS District of Columbia; Perry Morton, Nebraska; This section is referred to in sections 572, 576 of this Emory T. Nunneley, Pennsylvania; William title. Simon, District of Columbia; Conrad Snow, New Hampshire; William H. Timbers, Connecticut; F. § 572. Completion of organization Trowbridge vomBaur, District of Columbia; A majority of the persons named in section 571 Frank H. Weitzel, District of Columbia; Curtis of this title are authorized to complete the orga- C. Williams, Ohio; Emory J. Woodall, Virginia; nization of the corporation by the selection of Wendell Barnes, Oklahoma; Roger S. Foster, officers and employees, the adoption of a con- District of Columbia; Calvert Magruder, Massa- stitution and bylaws, not inconsistent with this chusetts; chapter, and the doing of such other acts as may George C. Sweeney, Massachusetts; John C. be necessary for such purpose. Knox, New York; Edward J. Dimock, New York; David N. Edelstein, New York; Clarence G. (Aug. 24, 1954, ch. 911, § 2, 68 Stat. 796.) Galston, New York; John Knight, New York; § 573. Objects and purposes of corporation John J. Parker, North Carolina; Armistead M. Dobie, Virginia; Harry E. Watkins, West Vir- The objects and purposes of the corporation ginia; Joseph C. Hutcheson, Virginia; Thomas F. are as follows: McAllister, Michigan; F. Ryan Duffy, Wisconsin; (1) To receive and hold by bequest, devise, John Caskie Collet, Missouri; John Sanborn, gift, grant, purchase, lease, or otherwise, ei- Minnesota; Robert C. Bell, Minnesota; William ther absolutely or jointly with any other per- Denman, California; Albert Lee Stephens, Cali- son or persons or corporation, for any of the fornia; Alfred P. Murrah, Oklahoma; George purposes hereinafter set forth, any property, Thomas Washington, District of Columbia; real, personal, or mixed, or any undivided in- Charles Fahy, District of Columbia; Bolitha J. terest therein; to convey, sell, or otherwise Laws, District of Columbia; F. Dickinson Letts, dispose of such property, and to invest, rein- District of Columbia; Luther W. Youngdahl, Dis- vest, administer, and deal with the same in trict of Columbia; William P. Cole, Junior, Dis- such manner as in the judgment of the direc- trict of Columbia; Paul D. Shriver, Guam; Den- tors of the corporation will best promote the nis F. Donovan, Minnesota; purposes of the corporation, but without and Alfred C. Clapp, New Jersey; L. Dale Coffman, free from restrictions applicable to trustees or California; John T. Fey, District of Columbia; trust funds, Jefferson B. Fordham, Pennsylvania; Erwin N. (2) To apply its income, and if the corpora- Griswold, Massachusetts; Albert J. Harno, Illi- tion so decides, all or any part of its principal, nois; L. A. Haslup, Florida; Harold C. exclusively to the following educational, char- Havighurst, Illinois; Paul M. Hebert, Louisiana; itable, scientific, or literary purposes, or any Elwood H. Hettrick, Massachusetts; Jacob D. of them: Hyman, New York; Schuyler W. Jackson, Kan- (a) To advance the science of jurispru- sas; George M. Johnson, District of Columbia; dence; Gordon Johnston, Colorado; Charles H. King, (b) To uphold high standards for the Fed- Michigan; Robert Kingsley, California; Arthur eral judiciary and for attorneys representing Larson, Pennsylvania; J. A. McClain, Junior, the Government of the United States; North Carolina; Glenn A. McCleary, Missouri; F. (c) To promote and improve the adminis- J. Moreau, Kansas; William T. Muse, Virginia; tration of justice, including the study of Russell D. Niles, New York; Maynard E. Pirsig, means for the improved handling of the legal Minnesota; F. D. G. Ribble, Virginia; John business of the several Federal departments Ritchie, Wisconsin; David E. Snodgrass, Califor- and establishments; nia; (d) To facilitate the cultivation and diffu- Carl Spaeth, California; Elvis J. Stahr, Junior, sion of knowledge and understanding of the Kentucky; Robert S. Stevens, New York; Wesley law and the promotion of the study of the Sturges, Connecticut; Harry D. Taft, Illinois; law and the science of jurisprudence and re- Reverend Joseph T. Tinnelly, New York; Martin search therein, through the maintenance of Page 111 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 578

a law library, the establishment of seminars, § 576. Membership; voting rights lectures, and studies devoted to the law, and (a) The membership of the corporation con- the publication of addresses, essays, trea- sists of the persons listed in section 571 of this tises, reports and other literary works by title, the persons who hereafter become mem- students, practitioners, and teachers of the bers of the National Council of the Federal Bar law; and Association, a non-profit corporation of the Dis- (e) To provide for the acquisition, preser- trict of Columbia (for the duration of their vation and exhibition of rare books and doc- membership as such), and such others as the cor- uments, sculptures, paintings and other ob- poration may provide for by bylaw or otherwise. jects of art and historical interest relating (b) Each member of the corporation may cast to the law, the courts and the legal profes- one vote on each matter submitted to a vote of sion, the members. (3) To do any and all things necessary or in- (Aug. 24, 1954, ch. 911, § 6, 68 Stat. 798.) cident to the accomplishment of the foregoing purposes. § 577. Board of directors (Aug. 24, 1954, ch. 911, § 3, 68 Stat. 797.) (a) Composition of initial board The governing body of the corporation is its § 574. Powers of corporation board of directors, which during 1954, will com- The corporation shall have the following pow- prise the following: ers: Bettin Stalling, of Illinois; (a) To sue and be sued, complain and defend in Stanley N. Barnes, of California; any court of competent jurisdiction. Clarence A. Davis, of Nebraska; (b) To adopt, alter, and use a corporate seal. Earl W. Kintner, of Indiana; (c) To choose such officers, managers, and Lawrence H. Axman, District of Columbia; agents as the business of the corporation may Wendell Barnes, of Oklahoma; require. William L. Ellis, of Michigan; and (d) To adopt, amend, apply, and administer by- Arthur J. Klayman, of Illinois, laws, not inconsistent with the laws of the who are currently members of the executive United States of America or any State in which committee of the Federal Bar Association. the corporation is to operate, for the manage- (b) Composition of subsequent boards; tenure ment of its property and the regulation of its affairs. Thereafter the board of directors will consist (e) To contract and be contracted with. of twelve persons elected, and subject to re- (f) To take and hold by lease, gift, purchase, moval at any time, by majority vote of the grant, devise, bequest, or otherwise, any prop- members of the corporation. The term of office erty, real or personal, or mixed, necessary for of the elected members of the board is for six carrying into effect the purposes of the corpora- years, except that, for the first elected board, tion, subject to applicable provisions of law of four shall be elected for a term of two years, any State (1) governing the amount or kind of four for a term of four years, and four for a term real and personal property which may be held of six years. Vacancies in the board of directors, by, or (2) otherwise limiting or controlling the caused by expiration of the members’ terms or ownership of real and personal property by, a otherwise, shall be filled by a majority vote of corporation operating in such State. the members of the corporation. (g) To transfer, lease, or convey real or per- (c) Powers; voting rights; meetings sonal property. The board of directors may exercise, or pro- (h) To borrow money for the purposes of the vide for the exercise of, the powers herein grant- corporation, and issue bonds or other evidences ed to the corporation, and each member of the of indebtedness therefor, and secure the same by board shall have one vote upon all matters de- mortgage or pledge subject to applicable Federal termined. The board shall meet at least annu- or State laws. ally. The board may delegate its powers to a (i) To do any and all acts necessary and proper prudential committee subject to the direction to carry out the purposes of the corporation. of, and reporting to, the board. The president of (Aug. 24, 1954, ch. 911, § 4, 68 Stat. 797.) the corporation shall act as chairman of the board and of the committee. § 575. Principal office; territorial scope of activi- (Aug. 24, 1954, ch. 911, § 7, 68 Stat. 798.) ties; agent for service of process § 578. Officers (a) The corporation shall have its principal office in the District of Columbia and may con- (a) The officers of the corporation shall conduct its activities at any place or places in the sist of a president, vice president, secretary, United States, or elsewhere. treasurer, historian, and such other officers as (b) The corporation shall have in the District may be determined by bylaw. of Columbia at all times a designated agent au- The officers shall have such powers, consistent thorized to accept service of process for the cor- with this charter, as may be provided by bylaw. poration; and notice served upon such agent, or (b) The officers shall be elected by the board of mailed to such agent at such business address, directors at its initial meeting and thereafter at shall be deemed service upon or notice to the its annual designated meeting and shall serve corporation. for a term of one year. (Aug. 24, 1954, ch. 911, § 5, 68 Stat. 798.) (Aug. 24, 1954, ch. 911, § 8, 68 Stat. 799.) § 579 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 112

§ 579. Distribution of income or assets to mem- tion of all outstanding obligations and liabil- bers; loans ities, the remaining assets of the corporation shall be deposited in the Treasury of the United (a) No part of the net earnings of the corpora- States as a miscellaneous receipt. tion shall inure to the benefit of any member, officer, director, or private individual, nor shall (Aug. 24, 1954, ch. 911, § 15, 68 Stat. 800.) any member or private individual be liable for the obligations of the corporation. § 586. Qualifications for membership (b) The corporation shall not make any loans No person who is a member of, or who advo- to its officers or members of the board of direc- cates the principles of, any organization believ- tors. Any officer or director who votes for, as- ing in, or working for, the overthrow of the sents to, or participates in the making of a loan United States Government by force or violence, or advance to an officer or director shall be and no person who refuses to uphold and defend jointly and severally liable to the corporation the Constitution of the United States, shall be for the amount of such loan until its repayment. privileged to become, or continue to be, a mem- (Aug. 24, 1954, ch. 911, § 9, 68 Stat. 799.) ber, director, or officer of the corporation. (Aug. 24, 1954, ch. 911, § 16, 68 Stat. 800.) CROSS REFERENCES Exemption from income tax of certain organizations, § 587. Exclusive right to name see section 501 of Title 26, Internal Revenue Code. The corporation shall have the sole and exclu- § 580. Nonpolitical nature of corporation sive right to use the name, ‘‘The Foundation of the Federal Bar Association’’. (a) None of the activities, funds, property, or income of the corporation shall be used in carry- (Aug. 24, 1954, ch. 911, § 17, 68 Stat. 800.) ing on any political activity, directly or indi- § 588. ‘‘State’’ defined rectly, or in attempting to influence legislation. (b) Neither the corporation nor its officers or As used in this chapter the word ‘‘State’’ in- directors shall, as such, contribute to or other- cludes the District of Columbia. wise support or assist any political party or can- (Aug. 24, 1954, ch. 911, § 18, 68 Stat. 800.) didate for elective public office. (Aug. 24, 1954, ch. 911, § 10, 68 Stat. 799.) § 589. Reservation of right to amend or repeal chapter § 581. Liability for acts of officers and agents The right to repeal, alter, or amend this chap- The corporation shall be liable for the acts of ter at any time is expressly reserved to the Con- its officers and agents within the scope of their gress. authority. (Aug. 24, 1954, ch. 911, § 19, 68 Stat. 800.) (Aug. 24, 1954, ch. 911, § 11, 68 Stat. 799.) CHAPTER 26—NATIONAL FUND FOR § 582. Prohibition against issuance of stock or MEDICAL EDUCATION payment of dividends Sec. The corporation shall not issue any shares of 601. Corporation created. stock, nor declare or pay dividends. 602. Completion of organization. 603. Purposes of corporation. (Aug. 24, 1954, ch. 911, § 12, 68 Stat. 799.) 604. Powers of corporation. 605. Principal office; territorial scope of activi- § 583. Books and records; inspection ties; agent for service of process. 606. Membership; voting rights. The corporation shall keep correct and com- 607. Board of directors. plete books and records of account. It shall also (a) Composition of initial board. keep minutes of the proceedings of its member- (b) Composition of subsequent boards; ship and of the board of directors or committees tenure. having any of the authority of the board of di- (c) Duties. rectors. It shall also keep at its principal office 608. Officers. a record giving the names and addresses of its 609. Distribution of income or assets to members; members, directors, and officers. All books and loans. 610. Nonpolitical nature of corporation. records of the corporation may be inspected by 611. Liability for acts of officers and agents. any member or his agent or attorney, for any 612. Prohibition against issuance of stock or pay- proper purpose, at any reasonable time. ment of dividends. (Aug. 24, 1954, ch. 911, § 13, 68 Stat. 799.) 613. Books and records; inspection. 614. Repealed. § 584. Repealed. Pub. L. 88–504, § 4(22), Aug. 30, 615. Use of assets on dissolution or liquidation. 1964, 78 Stat. 637 616. Acquisition of assets and liabilities of existing corporation. Section, act Aug. 24, 1954, ch. 911, § 14, 68 Stat. 799, re- 617. Reservation of right to amend or repeal chap- lated to audit of financial transactions and report of ter. such audit to Congress. See sections 1101 to 1103 of this title. § 601. Corporation created The following persons: Donald C. Balfour, § 585. Use of assets on dissolution or liquidation M.D., Rochester, Minnesota; Louis H. Bauer, Upon final dissolution or liquidation of the M.D., Hempstead, New York; Margaret Culkin corporation, and after the discharge or satisfac- Banning, Duluth, Minnesota; E. N. Beesley, Indi- Page 113 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 604 anapolis, Indiana; James F. Bell, Minneapolis, W. Wyatt, Louisville, Kentucky; J. D. Zeller- Minnesota; Elmer H. Bobst, New York, New bach, San Francisco, California; and John S. York; Earl Bunting, Washington, District of Co- Zinsser, Philadelphia, Pennsylvania; and their lumbia; Carl Byoir, New York, New York; James successors, are created and declared to be a body L. Camp, Junior, Franklin, Virginia; Champ corporate of the District of Columbia, where its Carry, Chicago, Illinois; Robert S. Cheek, Nash- legal domicile shall be, by the name of the Na- ville, Tennessee; Colby M. Chester, New York, tional Fund for Medical Education (hereinafter New York; Frank A. Christensen, New York, referred to as the corporation) and by such name New York; Paul F. Clark, Boston, Massachu- shall be known and have perpetual succession setts; Lucius D. Clay, New York, New York; S. and the powers, limitations, and restrictions Sloan Colt, Westhampton Beach, New York; herein contained. George H. Coppers, New York, New York; Wil- (Aug. 28, 1954, ch. 1036, § 1, 68 Stat. 891.) liam E. Cotter, Scarsdale, New York; C. R. Cox, New York, New York; Howard S. Cullman, New SECTION REFERRED TO IN OTHER SECTIONS York, New York; Walter J. Cummings, Chicago, This section is referred to in section 602 of this title. Illinois; Willard K. Denton, New York, New York; Raoul E. Desvernine, Washington, District § 602. Completion of organization of Columbia; Michael Francis Doyle, Philadel- A majority of the persons named in section 601 phia, Pennsylvania; of this title are authorized to complete the orga- Victor Emanuel, New York, New York; Peter nization of the corporation by the adoption, M. Fraser, Hartford, Connecticut; Bernard F. amendment, and revision of bylaws, not incon- Gimbel, Greenwich, Connecticut; William B. sistent with this chapter, and the doing of such Given, Junior, New York, New York; Robert M. other acts as may be necessary for such purpose. Hanes, Winston-Salem, North Carolina; David M. Heyman, New York, New York; Oveta Culp (Aug. 28, 1954, ch. 1036, § 2, 68 Stat. 892.) Hobby, Houston, Texas; Herbert Hoover, New § 603. Purposes of corporation York, New York; B. Brewster Jennings, Glen Head, New York; Eric A. Johnston, Washington, The purposes of the corporation shall be to District of Columbia; Devereux C. Josephs, New raise from private sources, disperse and admin- York, New York; Meyer Kestnbaum, Chicago, Il- ister funds for medical education and in connec- linois; Edgar Kobak, New York, New York; Allan tion therewith to take other appropriate action B. Kline, Chicago, Illinois; Robert Lehman, New to promote and foster the following objectives: York, New York; Samuel D. Leidesdorf, New (1) The interpretation of the needs of medi- York, New York; Leroy A. Lincoln, New York, cal education to the American public; New York; Ralph Lowell, Boston, Massachu- (2) The encouragement of the growth, devel- setts; Benjamin E. Mays, Atlanta, Georgia; Neil opment and advancement of constantly im- McElroy, Cincinnati, Ohio; George W. Merck, proving standards and methods in the edu- West Orange, New Jersey; Don G. Mitchell, New cation and training of all medical manpower York, New York; George G. Montgomery, San in the Nation; and Francisco, California; Seeley G. Mudd, M.D., Los (3) The preservation of academic freedom in Angeles, California; the institutions of medical education. Charles S. Munson, New York, New York; Her- (Aug. 28, 1954, ch. 1036, § 3, 68 Stat. 892.) schel D. Newsom, Washington, District of Co- lumbia; Edward J. Noble, New York, New York; § 604. Powers of corporation William S. Paley, New York, New York; Thomas The corporation shall have power— I. Parkinson, New York, New York; F. D. Patter- (1) to have succession by its corporate name; son, Tuskegee, Alabama; Joseph M. Proskauer, (2) to sue and be sued, complain and defend New York, New York; B. Earl Puckett, New in any court of competent jurisdiction; York, New York; Victor F. Ridder, New York, (3) to adopt, use, and alter a corporate seal; New York; Owen J. Roberts, Philadelphia, Penn- (4) to choose such officers, managers, agents, sylvania; Winthrop Rockefeller, Little Rock, Ar- and employees as the business of the corpora- kansas; Anna M. Rosenberg, New York, New tion may require; York; T. J. Ross, New York, New York; Howard (5) to adopt, amend, and alter a constitution A. Rusk, M.D., New York, New York; Frank P. and bylaws, not inconsistent with the laws of Samford, Birmingham, Alabama; Lester N. the United States or any State in which the Selig, Chicago, Illinois; Eustace Seligman, New corporation is to operate, for the management York, New York; Spyros P. Skouras, New York, of its property and the regulation of its af- New York; Alfred P. Sloan, Junior, New York, fairs; New York; George F. Smith, New Brunswick, (6) to contract and be contracted with; New Jersey; Harold V. Smith, New York, New (7) to take by lease, gift, purchase, grant, de- York; Harold E. Stassen, Washington, District of vise, or bequest from any private corporation, Columbia; John P. Stevens, Junior, New York, association, partnership, firm or individual New York; William C. Stolk, New York, New and to hold any property, real, personal or York; Harvey B. Stone, M.D., Baltimore, Mary- mixed, necessary or convenient for attaining land; the objects and carrying into effect the pur- Reese H. Taylor, Los Angeles, California; Juan poses of the corporation, subject, however, to T. Trippe, Greenwich, Connecticut; Thomas J. applicable provisions of law of any State (A) Watson, New York, New York; Ernest T. Weir, governing the amount or kind of property Pittsburgh, Pennsylvania; George Whitney, New which may be held by, or (B) otherwise limit- York, New York; Robert E. Wilson, Chicago, Illi- ing or controlling the ownership of property nois; R. W. Woodruff, Atlanta, Georgia; Wilson by, a corporation operating in such State; § 605 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 114

(8) to transfer, convey, lease, sublease, en- Howard A. Rusk, M.D., New York, New York; cumber and otherwise alienate real, personal and Harvey B. Stone, M.D., Baltimore, Mary- or mixed property; and land. (9) to borrow money for the purposes of the (b) Composition of subsequent boards; tenure corporation, issue bonds therefor, and secure the same by mortgage, deed of trust, pledge or Thereafter, the board of directors of the cor- otherwise, subject in every case to all applica- poration shall consist of such number (not less ble provisions of Federal and State laws. than fifteen and not more than twenty-five, four of whom shall at all times be members of the (Aug. 28, 1954, ch. 1036, § 4, 68 Stat. 892.) medical profession), shall be selected in such manner (including the filling of vacancies), and § 605. Principal office; territorial scope of activi- shall serve for such term as may be prescribed in ties; agent for service of process the constitution and bylaws of the corporation. (a) The principal office of the corporation (c) Duties shall be located in New York City, New York, or in such other place as may be later determined The board of directors shall be the governing by the board of directors, but the activities of board of the corporation and, during the inter- the corporation shall not be confined to that vals between the meetings of members, shall be place, but may be conducted throughout the responsible for the general policies and program various States, Territories, and possessions of of the corporation and for the control of all con- the United States. tributed funds as may be raised by the corpora- (b) The corporation shall have in the District tion. of Columbia at all times a designated agent au- (Aug. 28, 1954, ch. 1036, § 7, 68 Stat. 893.) thorized to accept service of process for the corporation; and notice to or service upon such § 608. Officers agent, or mailed to the business address of such agent, shall be deemed notice to or service upon (a) The officers of the corporation shall be a the corporation. chairman of the board of directors, a president, one or more vice presidents (as may be pre- (Aug. 28, 1954, ch. 1036, § 5, 68 Stat. 893.) scribed in the constitution and bylaws of the corporation), a secretary, and a treasurer, and § 606. Membership; voting rights one or more assistant secretaries and assistant (a) Eligibility for membership in the corpora- treasurers as may be provided in the constitution and the rights, privileges, and designation tion and bylaws. of classes of members shall, except as provided (b) The officers of the corporation shall be in this chapter, be determined as the constitu- elected in such manner and for such terms and tion and bylaws of the corporation may provide. with such duties as may be prescribed in the (b) Each member of the corporation, other constitution and bylaws of the corporation. than honorary, sustaining or associate members, (Aug. 28, 1954, ch. 1036, § 8, 68 Stat. 894.) shall have the right to one vote on each matter submitted to a vote at all meetings of the mem- § 609. Distribution of income or assets to members of the corporation. bers; loans (Aug. 28, 1954, ch. 1036, § 6, 68 Stat. 893.) (a) No part of the income or assets of the corporation shall inure to any of its members, di- § 607. Board of directors rectors, or officers as such, or be distributable (a) Composition of initial board to any of them during the life of the corporation Upon the enactment of this chapter the mem- or upon its dissolution or final liquidation. bership of the initial board of directors of the Nothing in this subsection, however, shall be corporation shall consist of the present mem- construed to prevent the payment of compensa- bers of the executive committee of the National tion to officers of the corporation in amounts Fund for Medical Education, Incorporated, the approved by the board of directors of the cor- corporation described in section 616 of this title, poration. or such of them as may then be living and are (b) The corporation shall not make loans to its qualified members of said executive committee, officers, directors, or employees. Any director to wit: Earl Bunting, Washington, District of who votes for or assents to the making of a loan Columbia; Colby M. Chester, New York, New or advance to an officer, director or employee of York; S. Sloan Colt, Westhampton Beach, New the corporation, and any officer who partici- York; William E. Cotter, Scarsdale, New York; pates in the making of such a loan or advance, Victor Emanuel, New York, New York; William shall be jointly and severally liable to the cor- B. Given, Junior, New York, New York; Herbert poration for the amount of such loan until the Hoover, New York, New York; Devereux C. Jo- repayment thereof. sephs, New York, New York; Samuel D. (Aug. 28, 1954, ch. 1036, § 9, 68 Stat. 894.) Leidesdorf, New York, New York; Leroy A. Lin- coln, New York, New York; Eustace Seligman, § 610. Nonpolitical nature of corporation New York, New York; Juan T. Trippe, Green- wich, Connecticut; and John S. Zinsser, Phila- The corporation, and its officers and directors delphia, Pennsylvania; together with the follow- as such, shall not contribute to or otherwise ing members of the medical profession, namely, support or assist any political party or can- Donald C. Balfour, M.D., Rochester, Minnesota; didate for public office. Louis H. Bauer, M.D., Hempstead, New York; (Aug. 28, 1954, ch. 1036, § 10, 68 Stat. 894.) Page 115 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 631

§ 611. Liability for acts of officers and agents (Aug. 28, 1954, ch. 1036, § 17, 68 Stat. 895.) The corporation shall be liable for the acts of CHAPTER 27—LEGION OF VALOR OF THE its officers and agents when acting within the UNITED STATES OF AMERICA, INC. scope of their authority. Sec. (Aug. 28, 1954, ch. 1036, § 11, 68 Stat. 894.) 631. Corporation created. 632. Completion of organization. § 612. Prohibition against issuance of stock or 633. Principles and objects of corporation. payment of dividends 634. Powers of corporation. The corporation shall have no power to issue 635. Principal office; territorial scope of activities; agent for service of process. any shares of stock or to declare or pay any 636. Membership. dividends. (a) Eligibility. (Aug. 28, 1954, ch. 1036, § 12, 68 Stat. 894.) (b) Extension of eligibility to parents and descendants. CROSS REFERENCES (c) Voting rights. Exemption from income tax of certain organizations, (d) Exception. see section 501 of Title 26, Internal Revenue Code. 637. Governing body. (a) Composition. § 613. Books and records; inspection (b) Tenure. (c) Duties. The corporation shall keep correct and com- 638. Officers. plete books and records of account and shall 639. Distribution of income or assets to members; keep minutes of the proceedings of its members, loans. board of directors, and committees having any 640. Nonpolitical nature of corporation. authority under the board of directors; and it 641. Liability for acts of officers and agents. shall also keep at its principal office a record of 642. Prohibition against issuance of stock or payment of dividends. the names and addresses of its members entitled 643. Books and records; inspection. to vote. All books and records of the corporation 644. Repealed. may be inspected by any member entitled to 645. Use of assets on dissolution or liquidation. vote, or his agent or attorney, for any proper 646. Acquisition of assets and liabilities of exist- purpose, at any reasonable time. ing corporation. 647. Reservation of right to amend or repeal chap- (Aug. 28, 1954, ch. 1036, § 13, 68 Stat. 894.) ter. § 614. Repealed. Pub. L. 88–504, § 4(23), Aug. 30, 648. Change of name to Legion of Valor of the United States of America, Incorporated. 1964, 78 Stat. 637 CHANGE OF NAME Section, act Aug. 28, 1954, ch. 1036, § 14, 68 Stat. 894, related to audit of financial transactions and report of The name of the corporation was changed from the such audit to Congress. See sections 1101 to 1103 of this Army and Navy Legion of Valor of the United States of title. America, Incorporated, to the Legion of Valor of the United States of America, Incorporated, by Pub. L. § 615. Use of assets on dissolution or liquidation 87–56, § 1, June 21, 1961, 75 Stat. 95. See section 648 of this title. Upon dissolution or final liquidation of the corporation, after discharge or satisfaction of § 631. Corporation created all outstanding obligations and liabilities, the The following persons, to wit: James G. Walsh, remaining assets, if any, of the corporation shall Distinguished Service Cross, 50 Patten Street, be distributed in accordance with the deter- Jamaica Plain, Massachusetts; Robert G. Wood- mination of the board of directors of the cor- side, Distinguished Service Cross, 3858 First poration and in compliance with the constitu- Avenue, South, Saint Petersburg, Florida; tion and bylaws of the corporation and all Fed- Deming Bronson, Congressional Medal of Honor, eral and State laws applicable thereto. route 2, box 322, Roseburg, Oregon; George E. (Aug. 28, 1954, ch. 1036, § 15, 68 Stat. 895.) Parker, Junior, Distinguished Service Cross, Lu- therville, Maryland; Leo L. Zingale, Distin- § 616. Acquisition of assets and liabilities of exist- guished Service Cross, 3612 East One Hundred ing corporation and Seventeenth Street, Cleveland, Ohio; John The corporation may acquire the assets of the Davis, Congressional Medal of Honor, 800 North National Fund for Medical Education, Incor- Shore Drive, Saint Petersburg, Florida; Glen O. porated, a corporation organized under the laws McEwen, Distinguished Service Cross, box 737, of the State of New York, upon discharging or Spokane 3, Washington; Ben. Prager, Distin- satisfactorily providing for the payment and dis- guished Service Cross, 316 Court House, Pitts- charge of all of the liability of such corporation burgh, Pennsylvania; Earle D. Norton, Distin- and upon complying with all laws of the State of guished Service Cross, 29 Broadway, New York, New York applicable thereto. New York; Ray Eastman, Navy Cross, 396 La- (Aug. 28, 1954, ch. 1036, § 16, 68 Stat. 895.) Salle Avenue, Buffalo 15, New York; Ben Neff, Distinguished Service Cross, 208 Evanston Build- SECTION REFERRED TO IN OTHER SECTIONS ing, Minneapolis, Minnesota; Warren L. Grang- This section is referred to in section 607 of this title. er, Navy Cross, 703 Sixteenth Street, Alexandria, Virginia; William Oliver Smith, Distinguished § 617. Reservation of right to amend or repeal Service Cross, 917 Holt Drive, Raleigh, North chapter Carolina; Robert M. Gaynor, Distinguished Serv- The right to alter, amend, or repeal this chap- ice Cross, 621 South Taylor Street, Arlington, ter is expressly reserved. Virginia; Leon M. Hanna, Distinguished Service § 632 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 116

Cross, box 217, McHenry, Illinois; Bruno O. America, fidelity to its Constitution and law, Forsterer, Congressional Medal of Honor, Walk- the security of civil liberty, and the permanence er Street, Oakland, California; Elmer R. of free institutions. Hangartner, Distinguished Service Cross, 2103 (b) The objects of the corporation are to cher- Lynn Avenue, Altoona, Wisconsin; Thomas ish the memories of the valiant deeds in arms Eadie, Congressional Medal of Honor, 120 Gibbs for which the Congressional Medal of Honor, the Avenue, Newport, Rhode Island; John D. Hawk, Distinguished Service Cross, Air Force Cross, Congressional Medal of Honor, 3243 Solie, Brem- and the Navy Cross are the insignia; to promote erton, Washington; Leon A. Dombrowski, Distin- true fellowship among its members; to advance guished Service Cross, 137 Highland Drive, the best interests of members of the Armed Williamsville, New York; William C. Hardie, Forces of the United States of America; to ex- Distinguished Service Cross, post-office box 1396, tend all possible relief to needy members of the Billings, Montana; E. Lee Henderson, Navy corporation, their widows, and children; and to Cross, 10948 Fruitland Drive, North Hollywood, stimulate patriotism in the minds of our youth California; Othel J. Gee, Distinguished Service by encouraging the study of the patriotic, mili- Cross, 416 Medical Arts Building, Oklahoma tary, and naval history of our Nation. City, Oklahoma; Leslie Hardy, Distinguished Service Cross, 1021 East Sierra Vista, Phoenix, (Aug. 4, 1955, ch. 546, § 3, 69 Stat. 487; June 21, Arizona; A. Allen Johnson, Distinguished Serv- 1961, Pub. L. 87–56, § 2, 75 Stat. 95.) ice Cross, 953 Dixwell Avenue, New Haven, Con- AMENDMENTS necticut; Dennis C. Turner, Distinguished Serv- 1961—Subsec. (b). Pub. L. 87–56 inserted ‘‘Air Force ice Cross, 1008 Missouri Avenue, Houston, Texas; Cross’’ after ‘‘Distinguished Service Cross,’’. Columbus Whipple, Distinguished Service Cross, 2704 Brinker Avenue, Ogden, Utah; John D. § 634. Powers of corporation Licklider, Distinguished Service Cross, 229 The corporation shall have power— Woodrow Avenue, Martinsburg, West Virginia; (1) to have succession by its corporate name; Murry Wolffe, Navy Cross, 240 Gregory Avenue, (2) to sue and be sued, complain and defend Passaic, New Jersey; Willard H. Marshall, Dis- in any court of competent jurisdiction; tinguished Service Cross, 31 West Whitney (3) to adopt, use, and alter a corporate seal; Street, Sheridan, Wyoming; Peter Paul (4) to charge and collect membership dues; Martinek, Navy Cross, 1731 South Brand Boule- (5) to adopt, amend, and alter a constitution vard, Glendale, California; Lucian Adams, Con- and bylaws, not inconsistent with the laws of gressional Medal of Honor, 213 Santa Clara the United States or any State in which the Street, San Antonio, Texas; and Edgar H. Bain, corporation is to operate, for the management post-office box 2, Goldsboro, North Carolina, and of its property and the regulation of its af- their successors, are created and declared to be fairs; a body corporate of the District of Columbia, (6) to contract and be contracted with; where its legal domicile shall be, by the name of (7) to take by lease, gift, purchase, grant, de- the Legion of Valor of the United States of vise, or bequest from any private corporation, America, Incorporated (hereinafter referred to association, partnership, firm, or individual as the ‘‘corporation’’), and by such name shall and to hold any property, real, personal, or be known and have perpetual succession and the mixed, necessary or convenient for attaining powers, limitations, and restrictions herein con- the objects and carrying into effect the pur- tained. poses of the corporation, subject, however, to (Aug. 4, 1955, ch. 546, § 1, 69 Stat. 486; June 21, applicable provisions of law of any State (A) 1961, Pub. L. 87–56, § 1, 75 Stat. 95.) governing the amount or kind of property which may be held by, or (B) otherwise limit- CHANGE OF NAME ing or controlling the ownership of property ‘‘Legion of Valor of the United States of America, In- by, a corporation operating in such State; corporated’’ substituted in text for ‘‘Army and Navy (8) to transfer, convey, lease, sublease, en- Legion of Valor of the United States of America, Incor- porated’’ on authority of section 1 of Pub. L. 87–56. See cumber, and otherwise alienate real, personal section 648 of this title. or mixed property; and (9) to borrow money for the purposes of the SECTION REFERRED TO IN OTHER SECTIONS corporation, issue bonds therefor, and secure This section is referred to in section 632 of this title. the same by mortgage, deed of trust, pledge, or otherwise, subject in every case to all appli- § 632. Completion of organization cable provisions of Federal and State laws. The persons named in section 631 of this title (Aug. 4, 1955, ch. 546, § 4, 69 Stat. 487.) are authorized to complete the organization of the corporation by the selection of officers and § 635. Principal office; territorial scope of activi- employees, the adoption of a constitution and ties; agent for service of process bylaws, not inconsistent with the provisions of (a) The principal office of the corporation this chapter, and the doing of such other acts as shall be located in Pittsburgh, Pennsylvania, or may be necessary for such purpose. Five of such in such other place as may later be determined persons shall constitute a quorum for the pur- by the board of directors, but the activities of poses enumerated in this section. the corporation shall not be confined to that (Aug. 4, 1955, ch. 546, § 2, 69 Stat. 487.) place and may be conducted throughout the various States, Territories, and possessions of the § 633. Principles and objects of corporation United States. (a) The principles underlying the corporation (b) The corporation shall have in the District are patriotic allegiance to the United States of of Columbia at all times a designated agent au- Page 117 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 642 thorized to accept service of process for the cor- than ten), shall be selected in such manner (in- poration; and notice to or service upon such cluding the filling of vacancies), and shall serve agent, or mailed to the business address of such for such terms as may be prescribed in the con- agent, shall be deemed notice to or service upon stitution and bylaws of the corporation. the corporation. (c) Duties (Aug. 4, 1955, ch. 546, § 5, 69 Stat. 487.) The board of directors shall be the governing § 636. Membership board of the corporation and shall, during the intervals between corporation meetings, be re- (a) Eligibility sponsible for the general policies and program of All persons of good moral character who are, the corporation. The board shall be responsible have been, or may become members of the for all finances of the corporation. Armed Forces of the United States or any foreign country of whatever rank, who have re- (Aug. 4, 1955, ch. 546, § 7, 69 Stat. 488.) ceived or who may hereafter receive a Congres- § 638. Officers sional Medal of Honor, a Distinguished Service Cross, Air Force Cross or a Navy Cross awarded (a) The officers of the corporation shall be a for acts of extraordinary heroism in connection commander, a senior vice commander, a junior with military or naval operations against an vice commander, a chaplain, an adjutant and armed enemy, or for heroism of a specially dis- quartermaster, a judge advocate, an inspector, a tinguished character, shall be eligible for active surgeon, a historian, and such aides-de-camp as membership in the corporation. may be provided in the constitution and bylaws. (b) Extension of eligibility to parents and de- (b) The officers of the corporation shall be scendants elected in such manner and for such terms and The corporation shall have the power, more- with such duties as may be prescribed in the over, to extend eligibility for membership, ei- constitution and bylaws of the corporation. ther active or associate, to parents and lineal (Aug. 4, 1955, ch. 546, § 8, 69 Stat. 489.) descendants of the persons described in subsection (a) of this section under such conditions § 639. Distribution of income or assets to mem- and upon such terms as the corporation may bers; loans specify in its constitution and bylaws. (a) No part of the income or assets of the cor- (c) Voting rights poration shall inure to any member, officer, or Each member of the corporation, other than director, or be distributable to any such person associate members, shall have the right to one otherwise than upon dissolution or final liquida- vote on each matter submitted to a vote at all tion of the corporation as provided in section 645 meetings of the members of the corporation. of this title. Nothing in this subsection, how- (d) Exception ever, shall be construed to prevent the payment Notwithstanding the limitations set out in of compensation to officers of the corporation in subsections (a) and (b) of this section, any mem- amounts approved by the executive committee ber in good standing of the corporate body re- of the corporation. ferred to in section 646 of this title shall be ad- (b) The corporation shall not make loans to its mitted on request to comparable membership in officers, directors, or employees. Any director the corporation created by this chapter. who votes for or assents to the making of a loan (Aug. 4, 1955, ch. 546, § 6, 69 Stat. 488; June 21, to an officer, director, or employee of the cor- 1961, Pub. L. 87–56, § 2, 75 Stat. 95.) poration, and any officer who participates in the making of such loan, shall be jointly and sever- AMENDMENTS ally liable to the corporation for the amount of 1961—Subsec. (a). Pub. L. 87–56 inserted ‘‘Air Force such loan until the repayment thereof. Cross’’ after ‘‘Distinguished Service Cross,’’. (Aug. 4, 1955, ch. 546, § 9, 69 Stat. 489.) § 637. Governing body § 640. Nonpolitical nature of corporation (a) Composition Upon the enactment of this chapter the mem- The corporation, and its officers and directors bership of the initial board of directors of the as such, shall not contribute to or otherwise corporation shall consist of the present officers support or assist any political party or can- of the Army and Navy Legion of Valor, referred didate for public office. to in section 646 of this title, or such of them as (Aug. 4, 1955, ch. 546, § 10, 69 Stat. 489.) may then be living and are qualified officers of that corporation, to wit: William Oliver Smith, § 641. Liability for acts of officers and agents of Raleigh, North Carolina; Peter Paul The corporation shall be liable for the acts of Martinek, of Glendale, California; Lucian its officers and agents when acting within the Adams, of San Antonio, Texas; Edgar H. Bain, of Goldsboro, North Carolina; and Ben Prager, of scope of their authority. Pittsburgh, Pennsylvania, who are respectively, (Aug. 4, 1955, ch. 546, § 11, 69 Stat. 489.) the commander, the senior vice commander, the junior vice commander, the chaplain, and the § 642. Prohibition against issuance of stock or adjutant and quartermaster. payment of dividends (b) Tenure The corporation shall have no power to issue Thereafter, the board of directors of the cor- any shares of stock or to declare or pay any poration shall consist of such number (not less dividends. § 643 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 118

(Aug. 4, 1955, ch. 546, § 12, 69 Stat. 489.) America’’, approved August 4, 1955 (69 Stat. 486), shall be known and designated on and after June § 643. Books and records; inspection 21, 1961 as the Legion of Valor of the United The corporation shall keep correct and com- States of America, Incorporated, and any ref- plete books and records of account and shall erence to such corporation under the name of keep minutes of the proceedings of its members, the Army and Navy Legion of Valor of the board of directors, and committees having any United States of America, Incorporated, shall be authority under the board of directors; and it held to refer to such corporation under and by shall also keep at its principal office a record of the name of the Legion of Valor of the United the names and addresses of its members entitled States of America, Incorporated. to vote. All books and records of the corporation (Pub. L. 87–56, § 1, June 21, 1961, 75 Stat. 95.) may be inspected by any member entitled to vote, or his agent or attorney, for any proper REFERENCES IN TEXT purpose, at any reasonable time. The Act entitled ‘‘An Act to incorporate the Army and Navy Legion of Valor of the United States of Amer- (Aug. 4, 1955, ch. 546, § 13, 69 Stat. 489.) ica’’, approved August 4, 1955, referred to in text, is act Aug. 4, 1955, ch. 546, 69 Stat. 486, as amended, which is § 644. Repealed. Pub. L. 88–504, § 4(24), Aug. 30, classified generally to this chapter (§ 631 et seq.). For 1964, 78 Stat. 637 complete classification of this Act to the Code, see Tables. Section, act Aug. 4, 1955, ch. 546, § 14, 69 Stat. 489, related to audit of financial transactions and report of CODIFICATION such audit to Congress. See sections 1101 to 1103 of this Section was not enacted as a part of act Aug. 4, 1955, title. ch. 546, 69 Stat. 486, which comprises this chapter. § 645. Use of assets on dissolution or liquidation CHAPTER 28—NATIONAL MUSIC COUNCIL Upon final dissolution or liquidation of the Sec. corporation, and after discharge or satisfaction 661. Corporation created. of all outstanding obligations and liabilities, the 662. Completion of organization. remaining assets of the corporation may be dis- 663. Objects and purposes of Corporation. tributed in accordance with the determination 664. Powers of Corporation. of the board of directors of the corporation and 665. Principal office; territorial scope of activi- in compliance with the constitution and bylaws ties; agent for service of process. of the corporation and all Federal and State 666. Membership; voting rights. 667. Governing body; composition; tenure. laws applicable thereto. 668. Officers. (Aug. 4, 1955, ch. 546, § 15, 69 Stat. 490.) 669. Distribution of income or assets to members; loans. SECTION REFERRED TO IN OTHER SECTIONS 670. Nonpolitical nature of Corporation. This section is referred to in section 639 of this title. 671. Liability for acts of officers and agents. 672. Prohibition against issuance of stock or pay- § 646. Acquisition of assets and liabilities of exist- ment of dividends. ing corporation 673. Books and records; inspection. 674. Repealed. The corporation may acquire the assets of the 675. Use of assets on dissolution or liquidation. Army and Navy Legion of Valor of the United 676. Exclusive right to name, seals, emblems, and States of America, Incorporated, a body cor- badges. porate organized under the laws of the State of 677. Agents for service of process. 678. Acquisition of assets and liabilities of exist- New York, upon discharging or satisfactorily ing corporation. providing for the payment and discharge of all 679. Effective date. of the liabilities of such State corporation and 680. Reservation of right to amend or repeal chap- upon complying with all the laws of the State of ter. New York applicable thereto. § 661. Corporation created (Aug. 4, 1955, ch. 546, § 16, 69 Stat. 490.) The following persons: Stanley Adams, New SECTION REFERRED TO IN OTHER SECTIONS York, New York; Irl Allison, Austin, Texas; This section is referred to in sections 636, 637 of this Leon Barzin, New York, New York; Marion title. Bauer, New York, New York; Edwine Behre, New York, New York; Thomas H. Belviso, Pelham § 647. Reservation of right to amend or repeal Manor, New York; Robert Russell Bennett, New chapter York, New York; Duane Branigan, Champaign, The right to alter, amend, or repeal this chap- Illinois; Howard C. Bronson, Hague, Virginia; ter is expressly reserved. John Brownlee, New York, New York; L. Per- kins Bull, Glencoe, Illinois; Earl Campbell, (Aug. 4, 1955, ch. 546, § 17, 69 Stat. 490.) Washington, District of Columbia; Leon Carson, New York, New York; Robert A. Choate, Boston, § 648. Change of name to Legion of Valor of the Massachusetts; James Francis Cooke, Philadel- United States of America, Incorporated phia, Pennsylvania; Paul Creston, Yonkers, New The corporation known as the Army and Navy York; Kathleen Davison, Des Moines, Iowa; Nor- Legion of Valor of the United States of America, man Dello Joio, New York, New York; Vera Incorporated, which was incorporated by the Act Wardner Dougan, Beloit, Wisconsin; Walter G. entitled ‘‘An Act to incorporate the Army and Douglas, New York, New York; Deane Edwards, Navy Legion of Valor of the United States of Rye, New York; S. Lewis Elmer, New York, New Page 119 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 664

York; Herman Finkelstein, New York, New § 662. Completion of organization York; Charles Warren Fox, Rochester, New A majority of the persons named in section 661 York; Arthur Flagler Fultz, Boston, Massachu- of this title, or their successors, are hereby au- setts; thorized to meet to complete the organization of Percy Walter Gatz, White Plains, New York; the Corporation by the adoption of a constitu- Karl Geiringer, Boston, Massachusetts; Ira tion and bylaws, by the election of officers, and Gershwin, Beverly Hills, California; Ray Green, by doing all things necessary to carry into effect New York, New York; Vernon Hammond, Phila- the provisions of this chapter. delphia, Pennsylvania; Howard Hanson, Roch- ester, New York; Otto A. Harbach, New York, (Aug. 1, 1956, ch. 824, § 2, 70 Stat. 795.) New York; Ernest E. Harris, New York, New § 663. Objects and purposes of Corporation York; Arthur A. Hauser, Berwyn, Pennsylvania; Carl Haverlin, New York, New York; Patrick The objects and purposes of the Corporation Hayes, Washington, District of Columbia; Frank shall be— W. Hill, Cedar Falls, Iowa; Mark M. Horblit, (1) to provide the member organizations Boston, Massachusetts; Edwin Hughes, New with a forum for the free discussion of prob- York, New York; Edna Wallace Johnston, Win- lems affecting national musical life in this ter Park, Florida; Archie N. Jones, Austin, country; Texas; S. Turner Jones, Baldwin, New York; Ar- (2) to speak with one voice for music when- thur Judson, New York, New York; Harrison ever an authoritative expression of opinion is Keller, Boston, Massachusetts; Ruth Kemper, desirable; New York, New York; Raymond Kendall, Los (3) to provide for the interchange of informa- Angeles, California; Richard Korn, New York, tion between the various member organiza- New York; Olga Koussevitzky, Lenox, Massachu- tions; setts; Otto Luening, New York, New York; Mae (4) to encourage the coordination of efforts MacKenzie, Pittsburgh, Pennsylvania; of the member organizations, thereby avoiding Joseph E. Maddy, Ann Arbor, Michigan; Don- duplication or conflict; (5) to organize exploratory surveys or fact- ald F. Malin, Boston, Massachusetts; Marie finding commissions whenever the Corpora- Marti, Detroit, Michigan; Jane R. Mayer, New tion shall deem them necessary for the solu- York, New York; Charles Mayer, New York, New tion of important problems; and York; Peter Mennin, New York, New York; Ada (6) to encourage the development and appre- Holding Miller, Providence, Rhode Island; How- ciation of the art of music and to foster the ard Mitchell, Washington, District of Columbia; highest ethical standards in the musical pro- Dmitri Mitropoulos, New York, New York; fessions and industries. Douglas Moore, New York, New York; Harold C. Morris, New York, New York; Carol Morse, New (Aug. 1, 1956, ch. 824, § 3, 70 Stat. 795.) York, New York; Walter W. Naumburg, New SECTION REFERRED TO IN OTHER SECTIONS York, New York; Herman Neuman, New York, New York; Geoffrey O’Hara, Pawling, New York; This section is referred to in sections 664, 675 of this title. Ralph Sylvester Peer, New York, New York; Gustave Reese, New York, New York; Claire R. § 664. Powers of Corporation Reis, New York, New York; Cornelia B. Rogers, New York, New York; Willard Rhodes, New The Corporation shall have power— (1) to sue and be sued, complain and defend York, New York; James Sample, Erie, Pennsyl- in any court of competent jurisdiction; vania; William A. Schroeder, New York, New (2) to adopt, use, and alter a corporate seal; York; Elie Siegmeister, Great Neck, New York; (3) to choose such officers, managers, agents, Izler Soloman, Peekskill, New York; Sigmund and employees as the business of the Corpora- Spaeth, New York, New York; tion may require; Harold Spivacke, Washington, District of Co- (4) to adopt and alter a constitution and by- lumbia; Marshall Stearns, New York, New York; laws, not inconsistent with the laws of the William Richard Steinway, New York, New United States or any State in which the Cor- York; Paul Swarm, Decatur, Illinois; Bernard U. poration is to operate, for the management of Taylor, New York, New York; Anthony Ralph its property and the regulation of its affairs; Teta, New Haven, Connecticut; Charles A. Wall, (5) to contract and be contracted with; New York, New York; Sidney William (6) to take and hold by lease, gift, purchase, Wattenberg, New York, New York; Eleanor Hale grant, devise, or bequest any property, real or Wilson, Seattle, Washington; Philip Wyman, personal, necessary for attaining the objects Cincinnati, Ohio; and their associates and suc- or accomplishing the purposes of the Corpora- cessors, are created a body corporate by the tion, subject to applicable provisions of law of name of National Music Council (hereinafter re- any State (A) governing the amount or kind of ferred to as the ‘‘Corporation’’) and by such real and personal property which may be held name shall be known and have perpetual succes- by, or (B) otherwise limiting or controlling sion and the powers and limitations contained the ownership of real and personal property by in this chapter. a corporation operating in such State; (Aug. 1, 1956, ch. 824, § 1, 70 Stat. 794.) (7) to transfer and convey real or personal property; (8) to borrow money for the purposes of the SECTION REFERRED TO IN OTHER SECTIONS Corporation, issue bonds therefor, and secure This section is referred to in sections 662, 679 of this the same by mortgage, subject to all applica- title. ble provisions of Federal or State law; § 665 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 120

(9) to use the corporate funds to give prizes, § 669. Distribution of income or assets to mem- awards, loans, scholarships, and grants to de- bers; loans serving composers, conductors, and others for the purposes set forth in section 663 of this (a) No part of the income or assets of the Cor- title, and for such other purpose as may be de- poration shall inure to any member, officer, or termined to be proper by the board of direc- director, or be distributable to any such person tors; except upon dissolution and final liquidation of (10) to publish a bulletin, magazine, and the Corporation as provided in section 675 of this other publications; and title. (11) to do any and all acts and things nec- (b) The Corporation shall not make loans to essary and proper to carry out the objects and its officers, directors, or employees. Any direc- purposes of the Corporation. tor who votes for or assents to the making of a loan to any officer, director, or employee of the (Aug. 1, 1956, ch. 824, § 4, 70 Stat. 795.) Corporation, and any officer who participates in the making of such a loan shall be jointly and § 665. Principal office; territorial scope of activi- severally liable to the Corporation for the ties; agent for service of process amount of such loan until the repayment there- The activities of the Corporation may be con- of. ducted throughout the various States, Terri- (Aug. 1, 1956, ch. 824, § 9, 70 Stat. 796.) tories, and possessions of the United States. The Corporation shall maintain at all times in the § 670. Nonpolitical nature of Corporation District of Columbia a designated agent author- The Corporation and its members, officers, ized to accept service of process for the Corpora- and directors as such, shall not contribute to or tion, such designation to be filed in the office of otherwise support or assist any political party the clerk of the United States District Court for or candidate for elective public office. the District of Columbia. Notice to or service upon such agent, or mailed to the business ad- (Aug. 1, 1956, ch. 824, § 10, 70 Stat. 796.) dress of such agent, shall be deemed sufficient § 671. Liability for acts of officers and agents notice of service upon the Corporation. The principal office of the Corporation shall be es- The Corporation shall be liable for the acts of tablished at such place as the board of directors its officers and agents when acting within the deems appropriate. scope of their authority. (Aug. 1, 1956, ch. 824, § 5, 70 Stat. 796.) (Aug. 1, 1956, ch. 824, § 11, 70 Stat. 796.)

§ 666. Membership; voting rights § 672. Prohibition against issuance of stock or payment of dividends Eligibility for membership in the Corporation and the rights and privileges of members, shall, The Corporation shall have no power to issue except as provided in this chapter, be deter- any shares of stock or to declare or pay any mined according to the constitution and by-laws dividends, or to engage in business for pecuniary of the Corporation. In the conduct of the official profit. business of the Corporation each member shall (Aug. 1, 1956, ch. 824, § 12, 70 Stat. 796.) have one vote. § 673. Books and records; inspection (Aug. 1, 1956, ch. 824, § 6, 70 Stat. 796.) The Corporation shall keep correct and com- § 667. Governing body; composition; tenure plete books and records of account and shall The Corporation shall be governed by a board also keep minutes of the proceedings of its mem- of directors, which may be known and referred bers, the board of directors, and committees to as an Executive Committee, composed of not having any authority under the board of direc- less than ten persons who shall be representa- tors; and it shall also keep a record of the names tive of members of the Corporation or such and addresses of its members entitled to vote. other persons as shall be selected by the mem- All books and records of the Corporation may be bers of the Corporation, and such persons shall inspected by any member, or by his agent or at- be elected by the members of the Corporation torney, at any reasonable time. annually or at such other regular intervals as (Aug. 1, 1956, ch. 824, § 13, 70 Stat. 796.) may be specified in the by-laws of the Corpora- tion. § 674. Repealed. Pub. L. 88–504, § 4(25), Aug. 30, 1964, 78 Stat. 637 (Aug. 1, 1956, ch. 824, § 7, 70 Stat. 796.) Section, act Aug. 1, 1956, ch. 824, § 14, 70 Stat. 796, re- § 668. Officers lated to audit of financial transactions and report of such audit to Congress. See sections 1101 to 1103 of this The officers of the Corporation shall consist of title. a chairman of the board, a president, one or more vice presidents, a secretary, a treasurer, § 675. Use of assets on dissolution or liquidation and such assistant officers as the board of direc- Upon final dissolution or liquidation of the tors shall designate. The officers shall perform Corporation and after the discharge or satisfac- such duties and have such powers as the by-laws tion of all outstanding obligations and liabil- and the board of directors may from time to ities, the remaining assets of the Corporation time prescribe. shall be used by the board of directors for the (Aug. 1, 1956, ch. 824, § 8, 70 Stat. 796.) purposes stated in section 663 of this title or be Page 121 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 691 be 1 transferred to some recognized educational CHAPTER 29—BOYS & GIRLS CLUBS OF foundation. AMERICA

(Aug. 1, 1956, ch. 824, § 15, 70 Stat. 797.) Sec. 691. Corporation created. SECTION REFERRED TO IN OTHER SECTIONS 692. Completion of organization. This section is referred to in section 669 of this title. 693. Purpose of corporation. 694. Powers of corporation. § 676. Exclusive right to name, seals, emblems, 695. Principal office; territorial scope of activi- and badges ties; agent for service of process. 696. Membership; voting rights; benefits of mem- The Corporation shall have the sole and exclu- ber organizations. sive right to use the name of National Music 697. Governing body. Council as representing such Corporation and (a) Composition. (b) Tenure. such seals, emblems, and badges as the Corpora- (c) Duties. tion may lawfully adopt. 698. Officers. (Aug. 1, 1956, ch. 824, § 16, 70 Stat. 797.) 699. Distribution of income or assets to members; loans. § 677. Agents for service of process 700. Nonpolitical nature of corporation. 701. Liability for acts of officers and agents. As a condition precedent to the exercise of any 702. Prohibition against issuance of stock or pay- power or privilege granted to the Corporation ment of dividends. under this chapter, the Corporation shall file in 703. Books and records; inspection. 704. Repealed. the office of the Secretary of State, or in the of- 705. Use of assets on dissolution or liquidation. fice of another appropriate officer, in each State 706. Acquisition of assets and liabilities of exist- and in each Territory or possession of the ing corporation. United States in which the Corporation is doing 707. Reservation of right to amend or repeal chap- business, the name and post office address of an ter. authorized agent in such State, Territory, or § 691. Corporation created possession upon whom legal process or demand against the Corporation may be served. The following persons: Herbert Hoover, New (Aug. 1, 1956, ch. 824, § 17, 70 Stat. 797.) York, New York; William E. Hall, New York, New York; Albert L. Cole, Pleasantville, New § 678. Acquisition of assets and liabilities of exist- York; James A. Farley, New York, New York; ing corporation Albert C. Wedemeyer, New York, New York; Matthew Woll, New York, New York; Jeremiah The Corporation may acquire the assets of Na- Milbank, New York, New York; Stanley Resor, tional Music Council, Incorporated, a corpora- New York, New York; James B. Carey, Washing- tion organized under the laws of the State of ton, District of Columbia; J. Edgar Hoover, New York, upon discharging or satisfactorily Washington, District of Columbia; Lewis L. providing for the payment and discharge of all Strauss, Washington, District of Columbia; Gen- the liabilities of such corporation, and upon eral Robert E. Wood, Chicago, Illinois; Frederic complying with all laws of the State of New Cameron Church, Boston, Massachusetts; H. York applicable thereto. Bruce Palmer, Newark, New Jersey; Edgar A. (Aug. 1, 1956, ch. 824, § 18, 70 Stat. 797.) Guest, Detroit, Michigan; Nicholas H. Noyes, In- dianapolis, Indiana; George A. Scott, San Diego, SECTION REFERRED TO IN OTHER SECTIONS California; E. E. Fogelson, Dallas, Texas; Ernest This section is referred to in section 679 of this title. Ingold, San Francisco, California; Jesse Draper, Atlanta, Georgia; Julius Epstein, Chicago, Illi- § 679. Effective date nois, and their successors; and Gerald W. The provisions of this chapter shall take effect Blakeley, Jr., Boston, Massachusetts; Roscoe C. on the filing in the office of the Clerk of the Brown, Jr., Bronx, New York; Cees Bruynes, United States District Court in and for the Stamford, Connecticut; Honorable Arnold I. Southern District of New York of affidavits Burns, New York, New York; John L. Burns, signed by five of the incorporators named in sec- Greenwich, Connecticut; Hays Clark, Hobe tion 661 of this title to the effect that National Sound, Florida; Mrs. Albert L. Cole, Hobe Music Council, Incorporated, referred to in sec- Sound, Florida; Honorable Michael Curb, Bur- tion 678 of this title, has been dissolved in ac- bank, California; Robert W. Fowler, Atlantic cordance with the laws of the State of New Beach, Florida; Thomas G. Garth, New York, York, but only if such affidavits are filed within New York; Moore Gates, Jr., Princeton, New three years after August 1, 1956. Jersey; Ronald J. Gidwitz, Chicago, Illinois; John S. Griswold, Greenwich, Connecticut; (Aug. 1, 1956, ch. 824, § 19, 70 Stat. 797.) Claude H. Grizzard, Atlanta, Georgia; George V. Grune, Pleasantville, New York; Peter L. § 680. Reservation of right to amend or repeal Haynes, New York, New York; James S. Kemper, chapter Northbrook, Illinois; Plato Malozemoff, New The right to alter, amend, or repeal this chap- York, New York; Edmund O. Martin, Oklahoma ter is expressly reserved. City, Oklahoma; Donald E. McNicol, Esq., New York, New York; Carolyn P. Millbank, Green- (Aug. 1, 1956, ch. 824, § 20, 70 Stat. 797.) wich, Connecticut; Jeremiah Milbank, New York, New York; C. W. Murchison III, Dallas, 1 So in original. Texas; W. Clement Stone, Lake Forest, Illinois, § 692 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 122 and their successors, are created and declared to (5) to adopt, amend, and alter a constitution be a body corporate of the District of Columbia, and bylaws, not inconsistent with the laws of where its legal domicile shall be, by the name of the United States or any State in which the the Boys & Girls Clubs of America (hereinafter corporation is to operate, for the management referred to as the corporation) and by such name of its property and the regulation of its af- shall be known and have perpetual succession fairs; and the powers, limitations, and restrictions (6) to contract and be contracted with; herein contained. (7) to take by lease, gift, purchase, grant, de- (Aug. 6, 1956, ch. 976, § 1, 70 Stat. 1052; Dec. 10, vise, or bequest from any private corporation, 1991, Pub. L. 102–199, § 1(2), 105 Stat. 1628.) association, partnership, firm or individual and to hold any property, real, personal, or AMENDMENTS mixed, necessary or convenient for attaining 1991—Pub. L. 102–199, § 1(2)(A), substituted ‘‘succes- the objects and carrying into effect the pur- sors; and Gerald W. Blakeley, Jr., Boston, Massachu- poses of the corporation, subject, however, to setts; Roscoe C. Brown, Jr., Bronx, New York; Cees applicable provisions of law of any State (A) Bruynes, Stamford, Connecticut; Honorable Arnold I. Burns, New York, New York; John L. Burns, Green- governing the amount or kind of property wich, Connecticut; Hays Clark, Hobe Sound, Florida; which may be held by, or (B) otherwise limit- Mrs. Albert L. Cole, Hobe Sound, Florida; Honorable ing or controlling the ownership of property Michael Curb, Burbank, California; Robert W. Fowler, by, a corporation operating in such State; Atlantic Beach, Florida; Thomas G. Garth, New York, (8) to transfer, convey, lease, sublease, en- New York; Moore Gates, Jr., Princeton, New Jersey; cumber and otherwise alienate real, personal Ronald J. Gidwitz, Chicago, Illinois; John S. Griswold, or mixed property; and Greenwich, Connecticut; Claude H. Grizzard, Atlanta, (9) to borrow money for the purposes of the Georgia; George V. Grune, Pleasantville, New York; Peter L. Haynes, New York, New York; James S. Kemp- corporation, issue bonds therefor, and secure er, Northbrook, Illinois; Plato Malozemoff, New York, the same by mortgage, deed of trust, pledge, New York; Edmund O. Martin, Oklahoma City, Okla- or otherwise, subject in every case to all appli- homa; Donald E. McNicol, Esq., New York, New York; cable provisions of Federal and State laws. Carolyn P. Millbank, Greenwich, Connecticut; Jere- miah Milbank, New York, New York; C. W. Murchison (Aug. 6, 1956, ch. 976, § 4, 70 Stat. 1052.) III, Dallas, Texas; W. Clement Stone, Lake Forest, Illi- nois, and their successors,’’ for ‘‘successors,’’. § 695. Principal office; territorial scope of activi- Pub. L. 102–199, § 1(2)(B), which directed the substi- ties; agent for service of process tution of ‘‘Boys & Girls’’ for ‘‘Boys’’, was executed by substituting ‘‘Boys & Girls’’ for ‘‘Boys’ ’’ to reflect the (a) The principal office of the corporation probable intent of Congress. shall be located in New York City, New York, or in such other place as may be later determined SECTION REFERRED TO IN OTHER SECTIONS by the board of directors, but the activities of This section is referred to in section 692 of this title. the corporation shall not be confined to that § 692. Completion of organization place, but may be conducted throughout the various States, Territories, and possessions of A majority of the persons named in section 691 the United States. of this title are authorized to complete the orga- (b) The corporation shall have in the District nization of the corporation by the adoption of a of Columbia at all times a designated agent au- constitution and bylaws, not inconsistent with thorized to accept service of process for the cor- this chapter, and the doing of such other acts poration; and notice to or service upon such (including the selection of officers and employ- agent, or mailed to the business address of such ees in accordance with such constitution and by- agent, shall be deemed notice to or service upon laws) as may be necessary for such purpose. the corporation. (Aug. 6, 1956, ch. 976, § 2, 70 Stat. 1052.) (Aug. 6, 1956, ch. 976, § 5, 70 Stat. 1053.) § 693. Purpose of corporation § 696. Membership; voting rights; benefits of The purpose of the corporation shall be to pro- member organizations mote the health, social, educational, vocational, and character development of youth throughout (a) Eligibility for membership in the corpora- the United States of America; to receive, invest, tion and the rights, privileges, and designation and disburse funds and to hold property for the of classes of members shall, except as provided purposes of the corporation. in this chapter, be determined as the constitution and bylaws of the corporation may provide. (Aug. 6, 1956, ch. 976, § 3, 70 Stat. 1052; Dec. 10, Each member of the corporation shall have the 1991, Pub. L. 102–199, § 1(3), 105 Stat. 1628.) right to one vote on each matter submitted to a AMENDMENTS vote at all meetings of the members of the cor- 1991—Pub. L. 102–199 substituted ‘‘youth’’ for ‘‘boys’’. poration. (b) Each organization which is a member of § 694. Powers of corporation the corporation as provided in the constitution The corporation shall have power— thereof shall be entitled to all the benefits of in- (1) to have succession by its corporate name; corporation under this chapter, but such bene- (2) to sue and be sued, complain and defend fits shall cease immediately either upon its res- in any court of competent jurisdiction; ignation from the corporation, or in the event (3) to adopt, use, and alter a corporate seal; that its membership in the corporation is can- (4) to choose such officers, managers, agents, celed or otherwise terminated by the board of and employees as the business of the corpora- directors, as provided in the constitution of the tion may require; corporation. Page 123 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 699

(Aug. 6, 1956, ch. 976, § 6, 70 Stat. 1053.) F. Ridder, New York, New York; Fredric E. Schluter, Trenton, New Jersey; George A. Scott, § 697. Governing body San Diego, California; (a) Composition Irving J. Scher, Milwaukee, Wisconsin; Grant G. Simmons, New York, New York; P. C. Spen- Upon the enactment of this chapter the mem- cer, New York, New York; Clifford L. Strang, bership of the initial board of directors of the Tonawanda, New York; Edward K. Straus, New corporation shall consist of the present mem- York, New York; Lewis L. Strauss, Washington, bers of the board of directors of the Boys’ Clubs District of Columbia; Kenneth C. Towe, New of America, the corporation described in section York, New York; Maxwell M. Upson, New York, 706 of this title, or such of them as may then be New York; Virgil P. Warren, Atlanta, Georgia; living and are qualified members of said board of Albert C. Wedemeyer, New York, New York; directors, to wit: Hoyt Ammidon, New York, Morgan W. Wheelock, New York, New York; J. New York; Wendell W. Anderson, Detroit, Michi- Dugald White, New York, New York; Myron A. gan; Sewell L. Avery, Chicago, Illinois; Richard Wick, Junior, Stamford, Connecticut; Alfred G. E. Berlin, New York, New York; Arthur T. Burg- Wilson, Detroit, Michigan; William S. Wilson, er, Boston, Massachusetts; Hendry S. M. Burns, New York, New York; Matthew Woll, New York, New York, New York; John L. Burns, New York, New York; General Robert E. Wood, Chicago, Il- New York; Peter Capra, New York, New York; linois; Gordon J. Wormal, Santa Barbara, Cali- James B. Carey, Washington, District of Colum- fornia; E. A. Wright, Detroit, Michigan; Paul S. bia; Colby M. Chester, New York, New York; Young, Schenectady, New York; William Frederic C. Church, Boston, Massachusetts; Al- Zeigler, Junior, New York, New York. bert L. Cole, Pleasantville, New York; Carle C. Conway, New York, New York; Donald K. David, (b) Tenure New York, New York; Morse G. Dial, New York, Thereafter the board of directors of the cor- New York; Robert W. Dowling, New York, New poration shall consist of such number as may be York; Kempton Dunn, New York, New York; Gil- prescribed in the constitution of the corpora- bert D. Eaton, Oakland, California; Julius Ep- tion, and the members of such board shall be se- stein, Chicago, Illinois; James A. Farley, New lected in such manner (including the filling of York, New York; Horace C. Flanigan, New York, vacancies), and shall serve for such terms, as New York; E. E. Fogelson, Dallas, Texas; Philip may be prescribed in the constitution and by- G. Geiger, Pawtucket, Rhode Island; M. Preston laws of the corporation. Goodfellow, Washington, District of Columbia; (c) Duties J. Peter Grace, Junior, New York, New York; John S. Griswold, New York, New York; Powell The board of directors shall be the managing C. Groner, Kansas City, Missouri; Edgar A. body of the corporation and shall have such pow- Guest, Detroit, Michigan; ers, duties, and responsibilities as may be pre- William Edwin Hall, New York, New York; scribed in the constitution and bylaws of the Robert B. Heppenstall, Pittsburgh, Pennsyl- corporation. vania; William Edwin Hill, New York, New (Aug. 6, 1956, ch. 976, § 7, 70 Stat. 1053.) York; Allan Hoover, New York, New York; Her- bert Hoover, New York, New York; J. Edgar § 698. Officers Hoover, Washington, District of Columbia; Ar- (a) The officers of the corporation shall be a thur Huck, New York, New York; Austin S. chairman of the board of directors, a president, Iglehart, New York, New York; Ernest Ingold, one or more vice presidents (as may be pre- San Francisco, California; Edward Ingraham, scribed in the constitution and bylaws of the Bristol, Connecticut; Gordon Jeffery, Toledo, corporation), a secretary, and a treasurer, and Ohio; Frank R. Jelleff, Washington, District of one or more assistant secretaries and assistant Columbia; Grant Keehn, New York, New York; treasurers as may be provided in the constitu- James S. Kemper, Chicago, Illinois; Major Wil- tion and bylaws. liam G. Kiefer, Louisville, Kentucky; Philip Le (b) The officers of the corporation shall be Boutillier, New York, New York; Philip Le elected in such manner and for such terms and Boutillier, Junior, Toledo, Ohio; James A. with such duties as may be prescribed in the Linen, New York, New York; John D. Lockton, constitution and bylaws of the corporation. New York, New York; Fred Loock, Milwaukee, Wisconsin; David I. McCahill, Pittsburgh, Penn- (Aug. 6, 1956, ch. 976, § 8, 70 Stat. 1055.) sylvania; Charles P. McCormick, Baltimore, § 699. Distribution of income or assets to mem- Maryland; Everett McCullough, Wichita Falls, bers; loans Texas; Ira McGuire, Muncie, Indiana; Charles R. Messier, Newark, New Jersey; Jeremiah (a) No part of the income or assets of the cor- Milbank, New York, New York; Theodore G. poration shall inure to any of its members, di- Montague, New York, New York; W. R. Nichol- rectors, or officers as such, or be distributable son, Junior, Philadelphia, Pennsylvania; Nich- to any of them during the life of the corporation olas H. Noyes, Indianapolis, Indiana; Harry L. or upon its dissolution or final liquidation. Olden, Cincinnati, Ohio; Frank Pace, Junior, Nothing in this subsection, however, shall be New York, New York; August K. Paeschke, Mil- construed to prevent the payment of compensa- waukee, Wisconsin; H. Bruce Palmer, Newark, tion to officers of the corporation in amounts New Jersey; Richard S. Perkins, New York, New approved by the board of directors of the cor- York; Samuel F. Pryor, New York, New York; poration. Stanley Resor, New York, New York; Captain E. (b) The corporation shall not make loans to its V. Rickenbacker, New York, New York; Victor officers, directors, or employees. Any director § 700 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 124 who votes for or assents to the making of a loan under the laws of the Commonwealth of Massa- or advance to an officer, director, or employee of chusetts, upon discharging or satisfactorily pro- the corporation, and any officer who partici- viding for the payment and discharge of all of pates in the making of such a loan or advance, the liability of such corporation and upon com- shall be jointly and severally liable to the cor- plying with all laws of the Commonwealth of poration for the amount of such loan until the Massachusetts applicable thereto. repayment thereof. (Aug. 6, 1956, ch. 976, § 16, 70 Stat. 1056.) (Aug. 6, 1956, ch. 976, § 9, 70 Stat. 1055.) SECTION REFERRED TO IN OTHER SECTIONS § 700. Nonpolitical nature of corporation This section is referred to in section 697 of this title. The corporation, and its officers and directors § 707. Reservation of right to amend or repeal as such, shall not contribute to or otherwise chapter support or assist any political party or can- The right to alter, amend, or repeal this chap- didate for public office. ter is expressly reserved. (Aug. 6, 1956, ch. 976, § 10, 70 Stat. 1055.) (Aug. 6, 1956, ch. 976, § 17, 70 Stat. 1056.) § 701. Liability for acts of officers and agents CHAPTER 30—PRESIDENTIAL INAUGURAL The corporation shall be liable for the acts of CEREMONIES its officers and agents when acting within the Sec. scope of their authority. 721. Short title; definitions. (Aug. 6, 1956, ch. 976, § 11, 70 Stat. 1055.) 722. Regulations; licenses; fees; registration tags. 723. Authorization of appropriations. § 702. Prohibition against issuance of stock or 724. Permits for use of reservations or grounds; restoration to previous condition; liability. payment of dividends 725. Installation and removal of electrical facili- The corporation shall have no power to issue ties; enforcement; public protection; restoration to previous condition; liability. any shares of stock or to declare or pay any 726. Repealed. dividends. 727. Communication facilities; removal. (Aug. 6, 1956, ch. 976, § 12, 70 Stat. 1055.) 728. Duration of regulations and licenses; publication of regulations; violations and pen- § 703. Books and records; inspection alties. 729. Application to other properties; Congres- The corporation shall keep correct and com- sional joint committee request or approval. plete books and records of account and shall 730. ‘‘Commissioners’’ defined. keep minutes of the proceedings of its members, CODIFICATION board of directors, and committees having any Presidential inaugural ceremonies provisions are also authority under the board of directors; and it set out in D.C. Code, § 1–1801 et seq. shall also keep at its principal office a record of the names and addresses of its members entitled § 721. Short title; definitions to vote. All books and records of the corporation (a) This chapter may be cited as the ‘‘Presi- may be inspected by any member entitled to dential Inaugural Ceremonies Act’’. vote, or his agent or attorney, for any proper (b) For the purposes of this chapter— purpose, at any reasonable time. (1) The term ‘‘inaugural period’’ means the (Aug. 6, 1956, ch. 976, § 13, 70 Stat. 1055.) period which includes the day on which the ceremony of inaugurating the President is § 704. Repealed. Pub. L. 88–504, § 4(26), Aug. 30, held, the five calendar days immediately pre- 1964, 78 Stat. 637 ceding such day, and the four calendar days Section, act Aug. 6, 1956, ch. 976, § 14, 70 Stat. 1055, re- immediately subsequent to such day; lated to audit of financial transactions and report of (2) The term ‘‘Inaugural Committee’’ means such audit to Congress. See sections 1101 to 1103 of this the committee in charge of the Presidential title. inaugural ceremony and functions and activities connected therewith, to be appointed by § 705. Use of assets on dissolution or liquidation the President-elect; Upon dissolution or final liquidation of the (3) The term ‘‘Mayor’’ means the Mayor of corporation, after discharge or satisfaction of the District of Columbia or the Mayor’s des- all outstanding obligations and liabilities, the ignated agent or agents; remaining assets, if any, of the corporation shall (4) The term ‘‘Secretary of Defense’’ means be distributed in accordance with the deter- the Secretary of Defense or his designated mination of the board of directors of the cor- agent or agents; and poration and in compliance with the constitu- (5) The term ‘‘Secretary of the Interior’’ tion and bylaws of the corporation and all Fed- means the Secretary of the Interior or his des- eral and State laws applicable thereto. ignated agent or agents. (Aug. 6, 1956, ch. 976, § 15, 70 Stat. 1056.) (Aug. 6, 1956, ch. 974, § 1, 70 Stat. 1049; 1967 Reorg. Plan No. 3, § 401, eff. Aug. 11, 1967, 32 F.R. 11669, § 706. Acquisition of assets and liabilities of exist- 81 Stat. 951; Dec. 24, 1973, Pub. L. 93–198, title IV, ing corporation § 421, 87 Stat. 789.) The corporation may acquire the assets of the CODIFICATION Boys’ Clubs of America, a corporation organized Section is also set out in D.C. Code, § 1–1801. Page 125 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 723

PARTIAL REPEAL of the District of Columbia as provided by Pub. L. 93–198, title IV, § 401, Dec. 24, 1973, 87 Stat. 785, classified Pub. L. 85–861, § 36A, Sept. 2, 1958, 72 Stat. 1570, re- to section 1–221 of the District of Columbia Code. pealed subsec. (b)(1) of this section insofar as it was ap- The office of Commissioner of the District of Colum- plicable to section 726 of this title. See section 2543 of bia, as established by Reorg. Plan No. 3 of 1967, eff. Aug. Title 10, Armed Forces. 11, 1967, 32 F.R. 11669, 81 Stat. 948, was abolished as of TRANSFER OF FUNCTIONS noon Jan. 2, 1975, by Pub. L. 93–198, title VII, § 711, Dec. 24, 1973, 87 Stat. 818, and replaced by the office of Mayor Except as otherwise provided in Reorg. Plan No. 3 of of the District of Columbia by section 421 of Pub. L. 1967, eff. Aug. 11, 1967 (in part), 32 F.R. 11669, 81 Stat. 93–198, classified to section 1–241 of the District of Co- 948, all functions of the Board of Commissioners of the lumbia Code. Accordingly, ‘‘Mayor’’ was substituted for District of Columbia were transferred to the Commis- ‘‘Commissioner’’. sioner of the District of Columbia by section 401 of Section 402(33) of Reorg. Plan No. 3 of 1967, effective Reorg. Plan No. 3 of 1967. References to ‘‘Commis- Nov. 3, 1967, 32 F.R. 11669, set out in the Appendix to sioners’’ in this chapter are deemed to refer to the Title 5, Government Organization and Employees, Commissioner of the District of Columbia pursuant to transferred the regulatory and other functions of the section 730 of this title. The office of Commissioner of Board of Commissioners (with respect to each inau- the District of Columbia, as established by Reorg. Plan gural period: (i) making regulations necessary to se- No. 3 of 1967, was abolished as of noon Jan. 2, 1975, by cure the preservation of public order and protection of Pub. L. 93–198, title VII, § 711, Dec. 24, 1973, 87 Stat. 818, life, health, and property, (ii) making regulations re- and replaced by the office of Mayor of the District of specting the standing, movement, and operation of ve- Columbia by section 421 of Pub. L. 93–198, classified to hicles, (iii) fixing conditions with respect to licenses to section 1–241 of the District of Columbia Code. Accord- peddlers and vendors, and (iv) fixing fees for the privi- ingly, references to Mayor were substituted for Com- lege of selling goods, wares, and merchandise), under missioners. this section, to the District of Columbia Council, subject to the right of the Commissioner as provided by SECTION REFERRED TO IN OTHER SECTIONS section 406 of the Plan. For provisions establishing the This section is referred to in title 10 section 2543; title District of Columbia Council, see section 201 of Reorga- 40 section 490. nization Plan No. 3 of 1967.

§ 722. Regulations; licenses; fees; registration § 723. Authorization of appropriations tags There are authorized to be appropriated such (a) For each inaugural period the Council of sums as may be necessary, payable in like man- the District of Columbia is authorized and di- ner as other appropriations for the expenses of rected to make all reasonable regulations nec- the District of Columbia, to enable the Mayor to essary to secure the preservation of public order provide additional municipal services in said and protection of life, health, and property; to District during the inaugural period, including make special regulations respecting the stand- employment of personal services without regard ing, movement, and operation of vehicles of to the civil-service and classification laws; trav- whatever character or kind during such period; el expenses of enforcement personnel, including and to grant, under such conditions as it may sanitarians, from other jurisdictions; hire of impose, special licenses to peddlers and vendors means of transportation; meals for policemen, for the privilege of selling goods, wares, and firemen, and other municipal employees, cost of merchandise in such places in the District of Co- removing and relocating streetcar loading plat- lumbia, and to charge such fees for such privi- forms, construction, rent, maintenance, and ex- lege, as it may deem proper. penses incident to the operation of temporary (b) The Mayor of the District of Columbia is public comfort stations, first-aid stations, and authorized to issue, for both duly registered information booths; and other incidental ex- motor vehicles and unregistered motor vehicles penses in the discretion of the Mayor; and such made available for the use of the Inaugural sums as may be necessary, payable in like man- Committee, special registration tags, valid for a ner as other appropriations for the expenses of period not exceeding ninety days, designed to the Department of the Interior, to enable the celebrate the occasion of the inauguration of the Secretary of the Interior to provide meals for President and Vice President. the members of the United States Park Police during the inaugural period. (Aug. 6, 1956, ch. 974, § 2, 70 Stat. 1049; Jan. 30, 1968, Pub. L. 90–251, § 1, 82 Stat. 4; 1967 Reorg. (Aug. 6, 1956, ch. 974, § 3, 70 Stat. 1049; 1967 Reorg. Plan No. 3, § 402(33), eff. Nov. 3, 1967, 32 F.R. Plan No. 3, § 401, eff. Aug. 11, 1967, 32 F.R. 11669, 11669, 81 Stat. 953; Dec. 24, 1973, Pub. L. 93–198, 81 Stat. 951; Jan. 30, 1968, Pub. L. 90–251, § 2, 82 title IV, §§ 401, 421, 87 Stat. 785, 789.) Stat. 4; Dec. 24, 1973, Pub. L. 93–198, title IV, § 421, 87 Stat. 789.) CODIFICATION REFERENCES IN TEXT Section is also set out in D.C. Code, § 1–1802. The civil-service laws, referred to in text, are set AMENDMENTS forth in Title 5, Government Organization and Employ- ees. See particularly section 3301 et seq. of Title 5. 1968—Pub. L. 90–251 designated existing provisions as The classification laws, referred to in text, are classi- subsec. (a), substituted ‘‘District of Columbia Council fied generally to chapter 51 (§ 5101 et seq.) and to sub- is authorized’’ for ‘‘Commissioners are authorized’’ and chapter III (§ 5331 et seq.) of chapter 53 of Title 5. ‘‘it’’ for ‘‘they’’ in two places, and added subsec. (b). CODIFICATION TRANSFER OF FUNCTIONS Section is also set out in D.C. Code, § 1–1803. The District of Columbia Council was abolished as of AMENDMENTS noon Jan. 2, 1975, by Pub. L. 93–198, title VII, § 711, Dec. 24, 1973, 87 Stat. 818, classified to section 1–211 of the 1968—Pub. L. 90–251 authorized appropriations for District of Columbia Code, and replaced by the Council travel expenses of sanitarians, meals of municipal em- § 724 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 126 ployees other than policemen and firemen, and meals of Commissioner of the District of Columbia pursuant to members of the United States Park Police during the section 730 of this title. The office of Commissioner of inaugural period. the District of Columbia, as established by Reorg. Plan No. 3 of 1967, was abolished as of noon Jan. 2, 1975, by TRANSFER OF FUNCTIONS Pub. L. 93–198, title VII, § 711, Dec. 24, 1973, 87 Stat. 818, Except as otherwise provided in Reorg. Plan No. 3 of and replaced by the office of Mayor of the District of 1967, eff. Aug. 11, 1967 (in part), 32 F.R. 11669, 81 Stat. Columbia by section 421 of Pub. L. 93–198, classified to 948, all functions of the Board of Commissioners of the section 1–241 of the District of Columbia Code. Accord- District of Columbia were transferred to the Commis- ingly, references to Mayor were substituted for Com- sioner of the District of Columbia by section 401 of missioners. Reorg. Plan No. 3 of 1967. References to ‘‘Commis- sioners’’ in this chapter are deemed to refer to the § 725. Installation and removal of electrical facili- Commissioner of the District of Columbia pursuant to ties; enforcement; public protection; restora- section 730 of this title. The office of Commissioner of tion to previous condition; liability the District of Columbia, as established by Reorg. Plan No. 3 of 1967, was abolished as of noon Jan. 2, 1975, by The Mayor is authorized to permit the Inau- Pub. L. 93–198, title VII, § 711, Dec. 24, 1973, 87 Stat. 818, gural Committee to install suitable overhead and replaced by the office of Mayor of the District of conductors and install suitable lighting or other Columbia by section 421 of Pub. L. 93–198, classified to electrical facilities, with adequate supports, for section 1–241 of the District of Columbia Code. Accord- ingly, ‘‘Mayor’’ was substituted for ‘‘Commissioners’’. illumination or other purposes. If it should be necessary to place wires for illuminating or § 724. Permits for use of reservations or grounds; other purposes over any park or reservation in restoration to previous condition; liability the District of Columbia, such placing of wires and their removal shall be under the supervision The Secretary of the Interior, with the ap- of the official in charge of said park or reserva- proval of such officer as may exercise jurisdiction. Such conductors with their supports shall tion over any of the Federal reservations or be removed within five days after the end of the grounds in the District of Columbia, is author- inaugural period. The Mayor, or such other offi- ized to grant to the Inaugural Committee per- cials as may have jurisdiction in the premises, mits for the use of such reservations or grounds shall enforce the provisions of this chapter, take during the inaugural period, including a reason- needful precautions for the protection of the able time prior and subsequent thereto; and the public, and insure that the pavement of any Mayor is authorized to grant like permits for street, sidewalk, avenue, or alley which is dis- the use of public space under the Mayor’s juris- turbed or damaged is restored to its previous diction. Each such permit shall be subject to condition. No expense or damage from the in- such restrictions, terms, and conditions as may stallation, operation, or removal of said tem- be imposed by the grantor of such permit. With porary overhead conductors or said illumination respect to public space, no reviewing stand or or other electrical facilities shall be incurred by any stand or structure for the sale of goods, the United States or the District of Columbia, wares, merchandise, food, or drink shall be built and the Inaugural Committee shall indemnify on any sidewalk, street, park, reservation, or and save harmless the District of Columbia and other public grounds in the District of Colum- the appropriate agency or agencies of the Fed- bia, except with the approval of the Inaugural eral Government against any loss or damage and Committee, and with the approval of the Sec- against any liability whatsoever arising from retary of the Interior or the Mayor, as the case any act of the Inaugural Committee or any may be, depending on the location of such stand agent, licensee, servant, or employee of the In- or structure. The reservation, ground, or public augural Committee. space occupied by any such stand or structure shall, after the inaugural period, be promptly re- (Aug. 6, 1956, ch. 974, § 5, 70 Stat. 1050; 1967 Reorg. stored to its previous condition. The Inaugural Plan No. 3, § 401, eff. Aug. 11, 1967, 32 F.R. 11669, Committee shall indemnify and save harmless 81 Stat. 951; Dec. 24, 1973, Pub. L. 93–198, title IV, the District of Columbia and the appropriate § 421, 87 Stat. 789.) agency or agencies of the Federal Government against any loss or damage to such property and CODIFICATION against any liability arising from the use of Section is also set out in D.C. Code, § 1–1805. such property, either by the Inaugural Commit- tee or a licensee of the Inaugural Committee. TRANSFER OF FUNCTIONS (Aug. 6, 1956, ch. 974, § 4, 70 Stat. 1049; 1967 Reorg. Except as otherwise provided in Reorg. Plan No. 3 of Plan. No. 3, § 401, eff. Aug. 11, 1967, 32 F.R. 11669, 1967, eff. Aug. 11, 1967 (in part), 32 F.R. 11669, 81 Stat. 81 Stat. 951; Dec. 24, 1973, Pub. L. 93–198, title IV, 948, all functions of the Board of Commissioners of the District of Columbia were transferred to the Commis- § 421, 87 Stat. 789.) sioner of the District of Columbia by section 401 of CODIFICATION Reorg. Plan No. 3 of 1967. References to ‘‘Commis- sioners’’ in this chapter are deemed to refer to the Section is also set out in D.C. Code, § 1–1804. Commissioner of the District of Columbia pursuant to section 730 of this title. The office of Commissioner of TRANSFER OF FUNCTIONS the District of Columbia, as established by Reorg. Plan Except as otherwise provided in Reorg. Plan No. 3 of No. 3 of 1967, was abolished as of noon Jan. 2, 1975, by 1967, eff. Aug. 11, 1967 (in part), 32 F.R. 11669, 81 Stat. Pub. L. 93–198, title VII, § 711, Dec. 24, 1973, 87 Stat. 818, 948, all functions of the Board of Commissioners of the and replaced by the office of Mayor of the District of District of Columbia were transferred to the Commis- Columbia by section 421 of Pub. L. 93–198, classified to sioner of the District of Columbia by section 401 of section 1–241 of the District of Columbia Code. Accord- Reorg. Plan No. 3 of 1967. References to ‘‘Commis- ingly, references to Mayor were substituted for Com- sioners’’ in this chapter are deemed to refer to the missioners. Page 127 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES §§ 741 to 747

§ 726. Repealed. Pub. L. 85–861, § 36A, Sept. 2, TRANSFER OF FUNCTIONS 1958, 72 Stat. 1570 The District of Columbia Council was abolished as of noon Jan. 2, 1975, by Pub. L. 93–198, title VII, § 711, Dec. Section, act Aug. 6, 1956, ch. 974, § 6, 70 Stat. 1050, re- 24, 1973, 87 Stat. 818, classified to section 1–211 of the lated to loans to Inaugural Committee by Defense De- District of Columbia Code, and replaced by the Council partment. See section 2543 of Title 10, Armed Forces. of the District of Columbia, as provided by Pub. L. § 727. Communication facilities; removal 93–198, title IV, § 401, Dec. 24, 1973, 87 Stat. 785, classified to section 1–221 of the District of Columbia Code. The Mayor, the Secretary of the Interior, and the Inaugural Committee are authorized to per- § 729. Application to other properties; Congres- mit telegraph, telephone, radio-broadcasting, sional joint committee request or approval and television companies to extend overhead Nothing contained in this chapter shall be ap- wires to such points along the line of any parade plicable to the United States Capitol Buildings as shall be deemed convenient for use in connec- or Grounds or other properties under the juris- tion with such parade and other inaugural pur- diction of the Congress or any committee, com- poses. Such wires shall be removed within ten mission or officer thereof: Provided, however, days after the conclusion of the inaugural pe- That any of the services or facilities authorized riod. by or under this chapter shall be made available (Aug. 6, 1956, ch. 974, § 7, 70 Stat. 1050; 1967 Reorg. with respect to any such properties upon request Plan No. 3, § 401, eff. Aug. 11, 1967, 32 F.R. 11669, or approval of the joint committee of the Senate 81 Stat. 951; Dec. 24, 1973, Pub. L. 93–198, title IV, and House of Representatives appointed by the § 421, 87 Stat. 789.) President of the Senate and the Speaker of the House of Representatives to make the necessary CODIFICATION arrangements for the Inauguration of the Presi- Section is also set out in D.C. Code, § 1–1806. dent-elect and the Vice President-elect. TRANSFER OF FUNCTIONS (Aug. 6, 1956, ch. 974, § 9, 70 Stat. 1051.)

Except as otherwise provided in Reorg. Plan No. 3 of CODIFICATION 1967, eff. Aug. 11, 1967 (in part), 32 F.R. 11669, 81 Stat. 948, all functions of the Board of Commissioners of the Section is also set out in D.C. Code, § 1–1809. District of Columbia were transferred to the Commis- SECTION REFERRED TO IN OTHER SECTIONS sioner of the District of Columbia by section 401 of Reorg. Plan No. 3 of 1967. References to ‘‘Commis- This section is referred to in title 10 section 2543. sioners’’ in this chapter are deemed to refer to the Commissioner of the District of Columbia pursuant to § 730. ‘‘Commissioners’’ defined section 730 of this title. The office of Commissioner of Wherever the term ‘‘Commissioners’’ is used the District of Columbia, as established by Reorg. Plan No. 3 of 1967, was abolished as of noon Jan. 2, 1975, by in this chapter, such term shall be deemed to Pub. L. 93–198, title VII, § 711, Dec. 24, 1973, 87 Stat. 818, refer to the Commissioner of the District of Co- and replaced by the office of Mayor of the District of lumbia. Columbia by section 421 of Pub. L. 93–198, classified to (Aug. 6, 1956, ch. 974, § 10, as added Jan. 30, 1968, section 1–241 of the District of Columbia Code. Accord- ingly, ‘‘Mayor’’ was substituted for ‘‘Commissioners’’. Pub. L. 90–251, § 4, 82 Stat. 4.) CODIFICATION § 728. Duration of regulations and licenses; publication of regulations; violations and pen- Section is also set out in D.C. Code, § 1–1809. alties TRANSFER OF FUNCTIONS The regulations and licenses authorized by Except as otherwise provided in Reorg. Plan No. 3 of this chapter shall be in full force and effect only 1967, eff. Aug. 11, 1967 (in part), 32 F.R. 11669, 81 Stat. during the inaugural period. Such regulations 948, all functions of the Board of Commissioners of the shall be published in one or more of the daily District of Columbia were transferred to the Commis- newspapers published in the District of Colum- sioner of the District of Columbia by section 401 of Reorg. Plan No. 3 of 1967. The office of Commissioner of bia and no penalty prescribed for the violation the District of Columbia, as established by Reorg. Plan of any such regulation shall be enforced until No. 3 of 1967, was abolished as of noon Jan. 2, 1975, by five days after such publication. Any person vio- Pub. L. 93–198, title VII, § 711, Dec. 24, 1973, 87 Stat. 818, lating any regulation promulgated by the Coun- and replaced by the office of Mayor of the District of cil of the District of Columbia under the author- Columbia by section 421 of Pub. L. 93–198, classified to ity of this chapter shall be fined not more than section 1–241 of the District of Columbia Code. $100 or imprisoned for not more than thirty CHAPTER 31—CIVIL WAR CENTENNIAL days. Each and every day a violation of any such COMMISSION regulation exists shall constitute a separate offense, and the penalty prescribed shall be appli- §§ 741 to 747. Omitted cable to each such separate offense. CODIFICATION (Aug. 6, 1956, ch. 974, § 8, 70 Stat. 1051; Jan. 30, Sections 741 to 747 related to the Civil War Centen- 1968, Pub. L. 90–251, § 3, 82 Stat. 4; Dec. 24, 1973, nial Commission, which terminated pursuant to former Pub. L. 93–198, title IV, § 401, 87 Stat. 785.) section 746 of this title. Section 741, Pub. L. 85–305, § 1, Sept. 7, 1957, 71 Stat. CODIFICATION 626, provided for establishment and membership of Civil Section is also set out in D.C. Code, § 1–1807. War Centennial Commission. Section 742, Pub. L. 85–305, § 2, Sept. 7, 1957, 71 Stat. AMENDMENTS 626, authorized Commission to prepare an overall pro- 1968—Pub. L. 90–251 substituted ‘‘District of Columbia gram including specific plans commemorating the one Council’’ for ‘‘Commissioners’’. hundredth anniversary of Civil War. § 748 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 128

Section 743, Pub. L. 85–305, § 3, Sept. 7, 1957, 71 Stat. Sec. 627, authorized Commission to preserve and develop the 780. Reservation of right to amend or repeal chap- historic battlefield sites of Civil War to insure a fitting ter. observance as their centennial occurs. Section 744, Pub. L. 85–305, § 4, Sept. 7, 1957, 71 Stat. § 761. Corporation created 627, authorized a Presidential proclamation inviting The following-named persons provided that people of the United States to participate in observ- they meet the eligibility requirements set forth ance of centennial celebration. Section 745, Pub. L. 85–305, § 5, Sept. 7, 1957, 71 Stat. in section 765 of this title: Harlan W. Barnes, 627, authorized Commission to accept donations of Portland, Oregon; Lewis Brake, Mount Vernon, money, property or personal services and to contract Illinois; Fred J. Hollenbeck, Cape Vincent, New for materials and supplies, and designated National York; Reginald H. Murphy, Junior, Washington, Park Service as agency to provide all general adminis- District of Columbia; Stanton L. Smiley, Gary, trative services. Indiana; Emerson R. J. Follett, Dover, New Section 746, Pub. L. 85–305, § 6, Sept. 7, 1957, 71 Stat. Hampshire; M. George Deutch, Buffalo, New 627, provided for hiring of employees, accounting of York; Patrick F. O’Connor, Braddock, Pennsyl- funds, a national assembly, a report submitted to Con- gress not later than Mar. 1, 1958, on preliminary plans vania; Charles L. Gore, Baltimore, Maryland; of Commission, annual reports thereafter, and a final Arch MacIntyre, Tampa, Florida; report submitted no later than May 1, 1966 (upon which G. Edwin Slater, Detroit, Michigan; John E. date the Commission terminated), and disposal of prop- Erickson, Minneapolis, Minnesota; Al. H. erty and funds of Commission upon its termination. Ohlsen, San Francisco, California; Arthur G. Section 747, Pub. L. 85–305, § 7, Sept. 7, 1957, 71 Stat. Estes, Albuquerque, New Mexico; M. C. Her- 628, provided for transportation and reimbursement to mann, San Francisco, California; Merle E. Hop- members of Commission. per, Roscommon, Michigan; Harry J. Millen, § 748. Repealed. Pub. L. 88–448, title IV, Watertown, New York; John C. Van Etten, § 402(a)(33), Aug. 19, 1964, 78 Stat. 495 Olympia, Washington; Emanuel Levy, Fort Wayne, Indiana; A. T. G. Novak, Seattle, Wash- Section, Pub. L. 85–305, § 8, Sept. 7, 1957, 71 Stat. 628, ington; Doctor Harry E. Mort, Saint Louis, Mis- related to employment of retired officers. See section souri; Martin F. Iverson, Washington, District of 8301 et seq. of Title 5, Government Organization and Columbia; Monte C. Walton, Portland, Oregon; Employees. Bert Mansfield, Portland, Oregon; W. N. Knight, EFFECTIVE DATE OF REPEAL Salisbury, North Carolina; Reverend George G. Repeal effective on first day of first month which be- Shurtz, Newcomerstown, Ohio; gins later than ninetieth day following Aug. 19, 1964, David G. Bollinger, Lakewood, Ohio; Catherine see section 403 of Pub. L. 88–448. Sawyer, Napa County, California; Joseph Bergrath, Madison, Illinois; Arthur Means, § 749. Omitted Mena, Arkansas; James Butler, Long Beach, CODIFICATION California; Joseph P. Crider, Westerly, Rhode Is- Section, Pub. L. 85–305, § 9, Sept. 7, 1957, 71 Stat. 628; land; Frank Heise, Washington, District of Co- Pub. L. 85–918, Sept. 2, 1958, 72 Stat. 1769, authorized ap- lumbia; Joseph W. Padderatz, New Smyrna propriations of not to exceed $100,000 in any one fiscal Beach, Florida; George Burdick, Twin Falls, year. See note for former section 746 of this title. Idaho; Dean V. Thompson, Boise, Idaho; M. H. Bond, Centralia, Illinois; Denton Opp, Aurora, CHAPTER 32—VETERANS OF WORLD WAR I Indiana; Paul Hadley, Rehoboth Beach, Dela- OF THE UNITED STATES OF AMERICA ware; George M. Leary, Quincy, Massachusetts; Sec. Charles Cooper, Clare, Michigan; Jack Green- 761. Corporation created. wood, Minneapolis, Minnesota; Howard E. 762. Completion of organization. White, Kansas City, Missouri; C. P. Biffle, 763. Objects and purposes of corporation. Polson, Montana; 764. Powers of corporation. John Twardus, Stratham, New Hampshire; 765. Eligibility for membership. Gustave G. W. Laegeler, Newark, New Jersey; 766. Governing authority; composition; form; George F. Patton, Portales, New Mexico; Wil- meeting places. 767. Board of administration. liam F. Schwab, Buffalo, New York; E. G. (a) Governing period. Kittles, Charlotte, North Carolina; Victor E. (b) Initial board. Morgan, Bridgeport, Ohio; Ray Snider, La (c) Election. Grande, Oregon; Leslie E. Barnhart, Uniontown, 768. Officers. Pennsylvania; J. L. FitzGibbon, Columbia, 769. Principal office; territorial scope of activi- South Carolina; C. W. Nevins, Fort Worth, ties; agent for service of process. Texas; Howard Houck, San Pedro, California; 770. Distribution of income or assets to members; Charles Wetter, Santa Ana, California; A. Thom- loans. 771. Nonpolitical nature of corporation. as Wheaton, Dearborn, Michigan; T. D. Ladd, 772. Liability for acts of officers and agents. Amarillo, Texas; Cornelius B. Prins, Fort 773. Prohibition against issuance of stock or pay- Pierce, Florida; ment of dividends. Charles Ulmer, Wellington, Kansas; Louis 774. Books and records; inspection. Alterici, Charleroi, Pennsylvania; Robert 775. Repealed. Brown, Minneapolis, Minnesota; Joseph J. 776. Annual report. Strobel, Molalla, Oregon; James R. McClain, 777. Exclusive right to name, emblems, seals, and Springfield, Illinois; Henry H. Hitchings, John- badges. 778. Acquisition of assets and liabilities of exist- son City, New York; Albert J. Graf, Lake View, ing corporation. New York; William E. Kilgore, Ludlow, Ken- 779. Dissolution or liquidation; disposition of tucky; Leo Thornton, Hammond, Indiana; Dan- property. iel A. Chester, Spencer, North Carolina; Frank Page 129 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 765

B. Pace, Oklahoma City, Oklahoma; O. B. (7) To fight to the utmost all those alien Pritchett, Jefferson City, Missouri; Dayton H. forces, particularly forces such as com- Montgomery, Hot Springs, Arkansas; Melvin D. munism, whose objectives are to deny our very Eddy, Belmont, Massachusetts; James L. existence as a free people; and Culbert, Haverhill, Massachusetts; (8) To do any and all acts and things nec- Joseph Perrone, New London, Connecticut; essary and proper to carry out the objects and George H. Hoak, Houton Lake Heights, Michi- purposes of the corporation. gan; and William A. McVeigh, Victorville, Cali- (Pub. L. 85–530, § 3, July 18, 1958, 72 Stat. 371.) fornia, and their associates and successors, are created and declared to be a body corporate of § 764. Powers of corporation the District of Columbia, where its legal domicile shall be, the name of which shall be Veter- The corporation shall have power— ans of World War I of the United States of Amer- (1) to have succession by its corporate name; ica, Incorporated (hereinafter referred to as the (2) to sue and be sued, complain and defend ‘‘corporation’’), and by such name the said cor- in any court of competent jurisdiction; poration shall be known and have perpetual suc- (3) to adopt, use, alter a corporate seal; cession, the powers, limitations, and restric- (4) to choose such officers, managers, agents, tions herein contained. and employees as the activities of the corpora- (Pub. L. 85–530, § 1, July 18, 1958, 72 Stat. 370.) tion may require; (5) to adopt, amend, and alter a constitution SECTION REFERRED TO IN OTHER SECTIONS and bylaws not inconsistent with the laws of This section is referred to in section 762 of this title. the United States or any State in which the corporation is to operate, for the management § 762. Completion of organization of its property and the regulation of its af- The persons named in section 761 of this title fairs; are authorized, a majority concurring, to com- (6) to contract and be contracted with; plete the organization of the corporation by the (7) to take by lease, gift, purchase, grant, de- selection of officers and employees, the adoption vise, or bequest from any public body or agen- of regulations and bylaws, not inconsistent with cy or any private corporation, association, this chapter, and the doing of such other acts as partnership, firm, or individual and to hold ab- may be necessary for such purpose. solutely or in trust for any of the purposes of the corporation any property, real, personal, (Pub. L. 85–530, § 2, July 18, 1958, 72 Stat. 371.) or mixed, necessary or convenient for attain- § 763. Objects and purposes of corporation ing the objects and carrying into effect the purposes of the corporation, subject, however, The purposes of the corporation shall be patri- to applicable provisions of law of any State otic, fraternal, historical, and educational, in (A) governing the amount or kind of property the service and for the benefit of veterans of which may be held by, or (B) otherwise limit- World War I and are as follows: ing or controlling the ownership of property (1) To provide for the veterans of World War by, a corporation operating in such State; I an organization for their mutual benefit, (8) to transfer, convey, lease, sublease, en- pleasure, and amusement, which will afford cumber, and otherwise alienate real, personal, them the opportunities and means for personal or mixed property; contact with each other in order to keep alive (9) to borrow money for the purposes of the friendships and memories of World War I and corporation, issue bonds therefor, and secure to venerate the memory of their honored dead; the same by mortgage, deed of trust, pledge, (2) To cooperate to the fullest extent and in or otherwise, subject in every case to all appli- a harmonious manner with all veterans’ orga- cable provisions of Federal and State laws; nizations to the end that the best interests of and all veterans of all wars in which the United (10) to do any and all acts and things nec- States of America has participated, and the essary and proper to carry out the objects and widows and orphans of deceased veterans of purposes of the corporation. such wars, may be best served; (3) To stimulate communities and political (Pub. L. 85–530, § 4, July 18, 1958, 72 Stat. 371.) subdivisions into taking more interest in veterans of World War I, the widows and orphans § 765. Membership of such deceased veterans, and the problems of Eligibility for membership in the corporation such veterans and their widows and orphans; and the rights, privileges, and designation of (4) To collate, preserve, and encourage the classes of members shall be determined as the study of historical episodes, chronicles, me- constitution and bylaws of the corporation may mentos, and events pertaining to World War I; provide but in no case shall eligibility for all (5) To fight vigorously to uphold the Con- classes of membership include persons who did stitution and laws of the United States, as not serve honorably in the armed forces of the well as the individual States of the Union and United States during the period beginning April to foster the spirit and practice of true Ameri- 6, 1917 and ending November 11, 1918. canism; (6) To fight unceasingly for our national se- (Pub. L. 85–530, § 5, July 18, 1958, 72 Stat. 372.) curity in order to protect Americans from enemies within our borders, as well as those SECTION REFERRED TO IN OTHER SECTIONS from without, to the end that our American This section is referred to in sections 761, 767 of this way of life be preserved; title. § 766 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 130

§ 766. Governing authority; composition; form; (which latter two offices may be held by one per- meeting places son), a national judge advocate, nine regional vice commanders, and such other officers as (a) The supreme governing authority of the may be prescribed in the constitution and by- corporation shall be the national convention laws. The officers of the corporation shall be se- thereof, composed of such officers and elected lected in such manner and for such terms and representatives from the several States and with such duties and titles as may be prescribed other local subdivisions of the corporate organi- in the constitution and bylaws of the corpora- zation as shall be provided by the constitution tion. and bylaws, each of such duly elected representatives to be entitled to one vote at such na- (Pub. L. 85–530, § 8, July 18, 1958, 72 Stat. 373.) tional convention. The form of the government of the corporation shall always be representa- § 769. Principal office; territorial scope of activi- tive of the membership at large and shall not ties; agent for service of process permit the concentration of the control thereof (a) The principal office of the corporation in the hands of a limited number of members or shall be located in Washington, District of Co- in a self-perpetuating group not so representa- lumbia, or in such other place as may be deter- tive. The meetings of the national convention mined by the board of administration; but the may be held in any State or Territory or in the activities of the corporation shall not be con- District of Columbia. fined to that place, but may be conducted (b) Each member of the corporation, other throughout the various States, the District of than associate or honorary members, shall have Columbia, and Territories and possessions of the the right to one vote on each matter submitted United States. to a vote at all other meetings of the members (b) The corporation shall have in the District of the corporation. of Columbia at all times a designated agent au- (Pub. L. 85–530, § 6, July 18, 1958, 72 Stat. 372.) thorized to accept services of process for the corporation; and notice to or service upon such § 767. Board of administration agent, or mailed to the business address of such (a) Governing period agent, will be deemed notice to or service upon During the intervals between the national the corporation. convention, the board of administration shall be (Pub. L. 85–530, § 9, July 18, 1958, 72 Stat. 373.) the governing board of the corporation and shall be responsible for the general policies, pro- § 770. Distribution of income or assets to mem- grams, and activities of the corporation. bers; loans (b) Initial board (a) No part of the income or assets of the cor- Upon the enactment of this chapter the mem- poration shall inure to any of its members or of- bership of the initial board of administration of ficers as such, or be distributed to any of them the corporation shall consist of such of the fol- during the life of the corporation or upon its dis- lowing present members of the board of adminis- solution or final liquidation. Nothing in this tration of the Veterans of World War I of the subsection, however, shall be construed to pre- United States of America, Incorporated (the cor- vent the payment of compensation to officers of poration described in section 778 of this title) as the corporation or reimbursement for actual qualify for membership under section 765 of this necessary expenses in amounts approved by the title and who are qualified members of said board of administration of the corporation. board of administration, to wit: Harlan W. (b) The corporation shall not make loans to its Barnes, Lewis Brake, Fred J. Hollenbeck, Regi- officers or employees. Any member of the board nald H. Murphy, Junior, Stanton L. Smiley, of administration who votes for or assents to the Catherine Sawyer, Emerson R. J. Follett, M. making of a loan or advance to an officer or em- George Deutsch, Patrick F. O’Connor, Charles L. ployee of the corporation, and any officer who Gore, Arch MacIntyre, G. Edwin Slater, John E. participates in the making of such a loan or ad- Erickson, A. H. Ohlsen, and Arthur G. Estes. vance, shall be jointly and severally liable to (c) Election the corporation for the amount of such loan Thereafter, the board of administration of the until the repayment thereof. corporation shall consist of not less than seven (Pub. L. 85–530, § 10, July 18, 1958, 72 Stat. 373.) members elected in the manner and for the term prescribed in the constitution and bylaws of the § 771. Nonpolitical nature of corporation corporation. The corporation and its officers and agents as (Pub. L. 85–530, § 7, July 18, 1958, 72 Stat. 372.) such shall not contribute to or otherwise sup- REFERENCES IN TEXT port or assist any political party or candidate for public office. Enactment of this chapter, referred to in subsec. (b), means enactment of Pub. L. 85–530, which was enacted (Pub. L. 85–530, § 11, July 18, 1958, 72 Stat. 373.) July 18, 1958. § 768. Officers § 772. Liability for acts of officers and agents The officers of the corporation shall be a na- The corporation shall be liable for the acts of tional commander, a national senior vice com- its officers and agents when acting within the mander, a national junior vice commander, a na- scope of their authority. tional quartermaster, a national adjutant (Pub. L. 85–530, § 12, July 18, 1958, 72 Stat. 374.) Page 131 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 780

§ 773. Prohibition against issuance of stock or America, Incorporated, a corporation organized payment of dividends under the laws of the State of Ohio, upon discharging or satisfactorily providing for the pay- The corporation shall have no power to issue ment and discharge of all of the liability of such any shares of stock or to declare or pay any dividends. corporation and upon complying with all laws of the State of Ohio applicable thereto. (Pub. L. 85–530, § 13, July 18, 1958, 72 Stat. 374.) (Pub. L. 85–530, § 18, July 18, 1958, 72 Stat. 375.) § 774. Books and records; inspection SECTION REFERRED TO IN OTHER SECTIONS The corporation shall keep correct and com- This section is referred to in sections 767, 777 of this plete books and records of account and shall title. keep minutes of the proceedings of its national convention and board of administration. All § 779. Dissolution or liquidation; disposition of books and records of the corporation may be in- property spected by any member, or his agent or attorney, for any proper purpose, at any reasonable The national convention may, by resolution, time. declare the event upon which the corporate existence of the organization is to terminate and (Pub. L. 85–530, § 14, July 18, 1958, 72 Stat. 374.) provide for the disposition of any property re- § 775. Repealed. Pub. L. 88–504, § 4(27), Aug. 30, maining to the corporation after the discharge 1964, 78 Stat. 637 or satisfaction of all outstanding obligations and liabilities. A duly authenticated copy of Section, Pub. L. 85–530, § 15, July 18, 1958, 72 Stat. 374, such resolution shall be filed in the office of the related to audit of financial transactions and report of United States District Court for the District of such audit to Congress. See sections 1101 to 1103 of this Columbia. Upon the happening of the event thus title. declared, and upon the filing of a petition in said § 776. Annual report United States District Court reciting said facts, said court shall take jurisdiction thereof, and On or before March 1 of each year the corpora- upon due proof being made the court shall enter tion shall report to the Congress on its activi- a decree which shall be effectual to vest title ties during the preceding fiscal year. Such re- and ownership in accordance with the provisions port may consist of a report on the proceedings of such resolution. of the national convention covering such fiscal year. (Pub. L. 85–530, § 19, July 18, 1958, 72 Stat. 375.) (Pub. L. 85–530, § 16, July 18, 1958, 72 Stat. 374; § 780. Reservation of right to amend or repeal Pub. L. 88–105, § 2, Aug. 27, 1963, 77 Stat. 130.) chapter AMENDMENTS The right to alter, amend, or repeal this chap- 1963—Pub. L. 88–105 struck out provisions which pro- ter is expressly reserved. hibited the report from being printed as a public document. (Pub. L. 85–530, § 20, July 18, 1958, 72 Stat. 375.) CROSS REFERENCES CHAPTER 33—THE CONGRESSIONAL MEDAL Printing of proceedings of national encampments as OF HONOR SOCIETY OF THE UNITED House documents, see section 1332 of Title 44, Public STATES OF AMERICA Printing and Documents. Sec. § 777. Exclusive right to name, emblems, seals, 791. Corporation created. and badges 792. Completion of organization. 793. Objects and purposes of corporation. The corporation and its subordinate divisions 794. Powers of corporation. shall have the sole and exclusive right to use the 795. Principal office; territorial scope of activi- name ‘‘Veterans of World War I of the United ties; agent for service of process. States of America, Incorporated’’. The corpora- 796. Membership. tion shall have the exclusive and sole right to (a) Eligibility. use, or to allow or refuse the use of, such em- (b) Honorary memberships. blems, seals, and badges as it may legally adopt, (c) Voting rights. and such emblems, seals, and badges as have 797. Board of directors. heretofore been used by the Ohio corporation de- (a) Composition of initial board. (b) Composition of subsequent boards; scribed in section 778 of this title and the right tenure. to which may be lawfully transferred to the cor- (c) Powers; voting rights; meetings; poration. chairman. (Pub. L. 85–530, § 17, July 18, 1958, 72 Stat. 374.) 798. Officers. (a) Composition. CROSS REFERENCES (b) Powers. Penalty for unauthorized manufacture, reproduction, (c) Election; tenure; duties. or sale of badges or emblems of veterans’ organizations, 799. Distribution of income or assets to members; see section 705 of Title 18, Crimes and Criminal Proce- loans. dure. 800. Nonpolitical nature of corporation. 801. Liability for acts of officers and agents. § 778. Acquisition of assets and liabilities of exist- 802. Prohibition against issuance of stock or pay- ing corporation ment of dividends. 803. Books and records; inspection. The corporation may acquire the assets of the 804. Repealed. Veterans of World War I of the United States of 805. Use of assets on dissolution or liquidation. § 791 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 132

Sec. ment, and revision of a constitution and bylaws 806. Acquisition of assets and liabilities of exist- not inconsistent with the provisions of this ing corporation. chapter and the doing of such other acts as may 807. Reservation of right to amend or repeal chapter. be necessary for such purpose. (Pub. L. 85–642, § 2, Aug. 14, 1958, 72 Stat. 597.) § 791. Corporation created The following named persons: Major General § 793. Objects and purposes of corporation David M. Shoup, United States Marine Corps, The objects and purposes of the corporation Virginia; Joel T. Boone, Washington, District of are as follows: Columbia; Samuel I. Parker, New Jersey; Nich- (1) To form a bond of friendship and com- olas Oresko, New Jersey; Luther Skaggs, Mary- radeship among all holders of the Congres- land; Rufus G. Herring, North Carolina; Nathan sional Medal of Honor. Gordon, Arkansas; Joseph J. McCarthy, Illinois; (2) To protect, uphold, and preserve the dig- Pierpont M. Hamilton, California; Daniel W. nity and honor of the medal at all times and Lee, Alabama; Walter D. Ehlers, California; on all occasions. David E. Hayden, California; William R. Huber, (3) To protect the name of the medal, and in- California; Robert S. Kennemore, California; dividual holders of the medal from exploi- Jackson C. Pharris, California; William J. tation. Crawford, Colorado; Hugh C. Frazer, Washing- (4) To provide appropriate aid to all persons ton, District of Columbia; Robert E. Galer, to whom the medal has been awarded, their Washington, District of Columbia; Edouard V. widows or their children. (5) To serve our country in peace as we did M. Izac, Washington, District of Columbia; Leon in war. W. Johnson, Washington, District of Columbia; (6) To inspire and stimulate our youth to be- Keith L. Ware, Washington, District of Colum- come worthy citizens of our country. bia; John C. Latham, Connecticut; Homer L. (7) To foster and perpetuate Americanism. Wise, Connecticut; Charles P. Murray, Georgia; Robert E. Gerstung, Illinois; Jake Allex (Pub. L. 85–642, § 3, Aug. 14, 1958, 72 Stat. 598.) Mandusich, Illinois; John L. Barkley, Kansas; § 794. Powers of corporation Charles E. Kelly, Kentucky; John D. Bulkeley, Maryland; Justice M. Chambers, Maryland; The corporation shall have power— Lawson P. Ramage, Washington, District of Co- (1) to sue and be sued, complain and defend lumbia; Charles A. MacGillivary, Massachusetts; in any court of competent jurisdiction; (2) to adopt, alter, and use a corporate seal; Everett P. Pope, Massachusetts; Russell E. (3) to choose officers, managers, and agents Dunham, Missouri; Arthur J. Forrest, Missouri; as the business of the corporation may re- M. Waldo Hatler, Missouri; Carl L. Sitter, North quire; Carolina; Max Thompson, North Carolina; (4) to charge and collect membership dues; Francis X. Burke, New Jersey; Thomas J. (5) to adopt, amend, apply, and alter a con- Hudner, New Jersey; Samuel M. Sampler, New stitution and bylaws not inconsistent with the Jersey; Charles Henry Willey, New Hampshire; laws of the United States of America or any Frank L. Anders, North Dakota; Ernest State in which the corporation is to operate, Childers, Oklahoma; John R. Crews, Oklahoma; for the management of its property and the Jack C. Montgomery, Oklahoma; Robert D. regulation of its affairs; Maxwell, Oregon; Gino J. Merli, Pennsylvania; (6) to contract and be contracted with; Oscar Schmidt, Pennsylvania; Thomas Eadie, (7) to take and hold by lease, gift, purchase, Rhode Island; Charles H. Coolidge, Tennessee; grant, devise, bequest or otherwise any prop- Carlton W. Barrett, Virginia; Raymond G. Davis, erty real, personal, or mixed, necessary or Virginia; Paul F. Foster, Virginia; James R. convenient for attaining the objects of the Hendrix, Virginia; John Mihalowski, Virginia; corporation, subject, however, to applicable Louis H. Wilson, Virginia; Orville E. Bloch, provisions of law of any State, (a) governing Washington; Robert E. Bonney, Washington; the amount or kind of real and personal prop- Einar H. Ingman, Wisconsin; Herschel W. Wil- erty which may be held by, or, (b) otherwise liams, West Virginia; and their successors are limiting or controlling the ownership of real created and declared to be a body corporate of and personal property by, a corporation oper- the District of Columbia, where its legal domi- ating in such State; cile shall be by the name of the Congressional (8) to transfer, lease, or convey real or per- Medal of Honor Society of the United States of sonal property; America (hereafter referred to as the ‘‘corpora- (9) to borrow money for the purposes of the tion’’) and by such name shall be known and corporation and issue bonds or other evidences have perpetual succession and the powers, limi- of indebtedness therefor and secure the same tations, and restrictions herein contained. by mortgage or pledge subject to applicable Federal or State laws; and (Pub. L. 85–642, § 1, Aug. 14, 1958, 72 Stat. 597.) (10) to do any and all acts necessary and SECTION REFERRED TO IN OTHER SECTIONS proper to carry out the purposes of the cor- This section is referred to in section 792 of this title. poration. (Pub. L. 85–642, § 4, Aug. 14, 1958, 72 Stat. 598.) § 792. Completion of organization A majority of the persons named in section 791 § 795. Principal office; territorial scope of activi- of this title are authorized to complete the orga- ties; agent for service of process nization of the corporation by the selection of (a) The principal office of the corporation officers and employees, the adoption, amend- shall be located in Washington, District of Co- Page 133 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 802 lumbia, or in such other place as may later be treasurer, and six regional vice presidents as determined by the board of directors but the ac- may be provided in the bylaws. The office of sec- tivities of the corporation shall not be confined retary may be combined with the office of treas- to that place and may be conducted throughout urer and the combined offices may be held by the various Territories and possessions of the one person. United States. (b) The corporation shall have in the District (b) Powers of Columbia at all times a designated agent au- The officers shall have such powers consistent thorized to accept service and process for the with this charter, as may be determined by the corporation; and notice to or service upon such bylaws. agent or mailed to the business address of such (c) Election; tenure; duties agent shall be deemed as service to or notice on the corporation. The officers of the corporation shall be elected in such manner and have such terms and with (Pub. L. 85–642, § 5, Aug. 14, 1958, 72 Stat. 598.) such duties as may be prescribed in the bylaws § 796. Membership of the corporation. (a) Eligibility (Pub. L. 85–642, § 8, Aug. 14, 1958, 72 Stat. 599.) Any person who has been awarded the Medal of § 799. Distribution of income or assets to mem- Honor is eligible for membership in the society. bers; loans (b) Honorary memberships (a) No part of the income or assets of the cor- Honorary memberships shall not be granted. poration shall inure to any member, officer, or (c) Voting rights director as such, or be distributed to any of Each member of the corporation shall have them during the life of the corporation or upon the right to one vote either in person or by its dissolution or final liquidation, nor shall any proxy on each matter submitted to a vote at all member or private individual be liable for the meetings of the members of the corporation. obligations of the corporation. Nothing in this (Pub. L. 85–642, § 6, Aug. 14, 1958, 72 Stat. 599.) section, however, shall be construed to prevent— § 797. Board of directors (1) the payment of bona fide expenses of offi- (a) Composition of initial board cers of the corporation in amounts approved 1 The governing body of the corporation is its by the board or directors; or board of directors which during the year 1958 (2) the payment of appropriate aid to persons will comprise the following: President, David M. to whom the Medal of Honor has been award- Shoup; executive vice president, Joel T. Boone; ed, their widows or their children pursuant to secretary-treasurer, Samuel I. Parker; first re- the objects of the corporation. gional vice president, Nicholas Oresko; second (b) The corporation shall not make loans to its regional vice president, Luther Skaggs; third re- officers, directors, or employees. Any officer or gional vice president, Rufus G. Herring; fourth director who votes for or assents to the making regional vice president, Nathan Gordon; fifth re- of a loan to an officer, director, or employee of gional vice president, Joseph J. McCarthy; sixth the corporation and any officer who participates regional vice president, Pierpont M. Hamilton; in the making of such loan shall be jointly and who currently hold such offices in the Congres- severally liable to the corporation for the sional Medal of Honor Society of the United amount of such loan until the payment thereof. States of America. (Pub. L. 85–642, § 9, Aug. 14, 1958, 72 Stat. 599.) (b) Composition of subsequent boards; tenure Thereafter the board of directors of the cor- § 800. Nonpolitical nature of corporation poration shall consist of such number (not less than nine), shall be elected in such manner (in- The corporation and its officers and directors cluding the filling of vacancies) and shall serve as such shall not contribute to or participate in, their terms as may be prescribed in the bylaws directly or indirectly, local or national political of the corporation. activity or in any manner attempt to influence legislation. (c) Powers; voting rights; meetings; chairman The board of directors may exercise, or pro- (Pub. L. 85–642, § 10, Aug. 14, 1958, 72 Stat. 600.) vide for the exercise of, the powers herein grant- § 801. Liability for acts of officers and agents ed to the corporation, and each member of the board shall have one vote upon all matters de- The corporation shall be liable for the acts of termined, except that if the offices of secretary its officers and agents when acting within the and treasurer are combined and are held by one scope of their authority. person, he shall have only one vote as a member (Pub. L. 85–642, § 11, Aug. 14, 1958, 72 Stat. 600.) of the board of directors. The board shall meet at least annually. The president of the corpora- § 802. Prohibition against issuance of stock or tion shall act as chairman of the board. payment of dividends (Pub. L. 85–642, § 7, Aug. 14, 1958, 72 Stat. 599.) The corporation shall have no power to issue § 798. Officers any shares of stock or declare or pay dividends. (a) Composition (Pub. L. 85–642, § 12, Aug. 14, 1958, 72 Stat. 600.) The officers of the corporation shall consist of a president, executive vice president, secretary, 1 So in original. Probably should be ‘‘of’’. § 803 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 134

§ 803. Books and records; inspection Sec. (a) Composition of initial board. The corporation shall keep correct and com- (b) Composition of subsequent boards; plete books and records of account. It shall also tenure. (c) Duties. keep minutes of the proceedings of its member- 828. Officers. ship and of the board of directors or committees 829. Distribution of income or assets to members; having authority under the board of directors. It loans. shall also keep at its principal office a record 830. Nonpolitical nature of corporation. giving the names and addresses of its members, 831. Liability for acts of officers and agents. 832. Prohibition against issuance of stock or pay- directors, and officers. All books and records of ment of dividends. the corporation may be inspected by any mem- 833. Books and records; inspection. ber or his agent or attorney for any proper pur- 834. Repealed. pose at any reasonable time. 835. Use of assets on dissolution or liquidation. 836. Acquisition of assets and liabilities of exist- (Pub. L. 85–642, § 13, Aug. 14, 1958, 72 Stat. 600.) ing corporation. 837. Reservation of right to amend or repeal chap- § 804. Repealed. Pub. L. 88–504, § 4(28), Aug. 30, ter. 1964, 78 Stat. 637 § 821. Corporation created Section, Pub. L. 85–642, § 14, Aug. 14, 1958, 72 Stat. 600, related to audit of financial transactions and report of The following persons to wit: Richard Golick, such audit to Congress. See sections 1101 to 1103 of this Chicago, Illinois; William B. Eaton, Lansing, title. Michigan; Victor F. Kubly, Daytona Beach, Florida; Luther Smith, Harrisburg, Pennsyl- § 805. Use of assets on dissolution or liquidation vania; Olin E. Teague, College Station, Texas; Upon final dissolution or liquidation of the Charles E. Potter, Cheboygan, Michigan; Paul H. corporation and after discharge or satisfaction Douglas, Chicago, Illinois; B. Carroll Reece, of all outstanding obligations and liabilities the Johnson City, Tennessee; Errett P. Scrivner, remaining assets of the corporation may be dis- Kansas City, Kansas; Edward Martin, Washing- tributed in accordance with the determination ton, Pennsylvania; General Melvin J. Maas, of the board of directors of the corporation and Saint Paul, Minnesota; General Patrick J. Hur- in compliance with the bylaws of the corpora- ley, Santa Fe, New Mexico; General William A. tion and all Federal and State laws applicable Donovan, New York, New York; Admiral John F. thereto. Ford, Hollywood, California; Colonel Robert M. Bringham, Los Angeles, (Pub. L. 85–642, § 15, Aug. 14, 1958, 72 Stat. 600.) California; John J. Martin, Madison, Wisconsin; Robert Schroeder, Milwaukee, Wisconsin; Frank § 806. Acquisition of assets and liabilities of exist- A. Weber, Bearer, Pennsylvania; Thomas A. ing corporation Powers, Brooklyn, New York; Major Wilbur E. The corporation may acquire the assets of the Dove, Washington, District of Columbia; Ernest Congressional Medal of Honor Society of the L. Ihbe, Milwaukee, Wisconsin; Lloyd E. Henry, United States, Incorporated, a body corporate Hyattsville, Maryland; Stanley B. Kirschbaum, organized under the laws of the State of New Detroit, Michigan; Raymond Cocklin, Daytona York, upon discharge or satisfactorily providing Beach, Florida; Francis J. Maguire, Gloucester for the payment and discharge of all of the li- City, New Jersey; Clifford A. Parmenter, Long abilities of such State corporation and upon Beach, California; Harry H. Dietz, Baltimore, complying with all the laws of the State of New Maryland; Charles S. Iskin, Miami, Florida; Vic- York applicable thereto. tor N. Lukatz, Cincinnati, Ohio; John P. Hapsch, Minneapolis, Minnesota; Richard J. Flanders, (Pub. L. 85–642, § 16, Aug. 14, 1958, 72 Stat. 601.) Waukegan, Illinois; General Douglas MacArthur, § 807. Reservation of right to amend or repeal New York, New York; General James A. Van chapter Fleet, Auburndale, Florida; William J. Schroder, Pelham, New York; John The right to alter, amend, or repeal this chap- H. Hoppe, D.S.C., Alexandria, Virginia; John C. ter is expressly reserved. Reynolds, Covington, Kentucky; Anton Kneller, (Pub. L. 85–642, § 17, Aug. 14, 1958, 72 Stat. 601.) Philadelphia, Pennsylvania; John L. Schwartz, Albuquerque, New Mexico; Henry Marquard, CHAPTER 34—MILITARY ORDER OF THE Elmhurst, Illinois; James C. Doyle, Arlington, PURPLE HEART OF THE UNITED STATES Massachusetts; Frank Heidel, Harrisburg, Penn- OF AMERICA sylvania; John E. Schwend, Webster Groves, Missouri; Anthony Badamo, Quincy, Illinois; Jo- Sec. 821. Corporation created. seph E. Stanger, Bridgeton, New Jersey; Frank 822. Completion of organization. V. Fromme, Jasper, Indiana; Arthur Goetsch, 823. Principles and objects of corporation. Davenport, Iowa; Joseph Stiegler, Junior, Silver 824. Powers of corporation. Spring, Maryland; William E. Savage, Seattle, 825. Principal office; territorial scope of activi- Washington; Jack Medford, Tucson, Arizona; Jo- ties; agent for service of process. seph C. Kolinsky, Middletown, Connecticut; 826. Membership. Jack M. Deckard, Tampa, Florida; Ted J. Swedo, (a) Eligibility. North Chicago, Illinois; Linus Vonderheide, (b) Extension of eligibility to parents and descendants. Saint Anthony, Indiana; Joseph Earith, Sioux (c) Voting rights. City, Iowa; Howell Brewer, doctor of medicine, (d) Exception. Shreveport, Louisiana; Francis Donnelly, Ar- 827. Board of directors. lington, Massachusetts; Page 135 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 824

Bernard J. Young, Chicago, Illinois; Joseph as the ‘‘corporation’’), and by such name shall Richter, Saint Louis, Missouri; William Long, be known and have perpetual succession and the North Troy, New York; Kevin J. Murphy, Bronx, powers, limitations, and restrictions herein con- New York; William H. Kinsinger, Columbus, tained. Ohio; Carl R. Carlson, Portland, Oregon; Ray (Pub. L. 85–761, § 1, Aug. 26, 1958, 72 Stat. 854.) Dorris, Portland, Oregon; James Gehas, Coatesville, Pennsylvania; Charles J. Showalter, SECTION REFERRED TO IN OTHER SECTIONS Lancaster, Pennsylvania; Aloysius J. Healy, This section is referred to in section 822 of this title. Madison, Wisconsin; Charles O. Carlston, San Francisco, California; Andrew Munson, Sioux § 822. Completion of organization Falls, South Dakota; Peter C. Mueller, Glen- A majority of the persons named in section 821 dora, California; John D. Goodin, Johnson City, of this title are authorized to complete the orga- Tennessee; Lars Eilefson, Billings, Montana; W. nization of the corporation by the selection of Phil Bohnert, Indianapolis, Indiana; officers and employees, the adoption of a con- Orral O. Jackson, Sioux Falls, South Dakota; stitution and bylaws, not inconsistent with the Major General Thomas F. Foley, Worcester, provisions of this chapter and the doings of such Massachusetts; Reverend Alfred W. Price, Phila- acts as may be necessary for such purpose. delphia, Pennsylvania; John T. Mullins, New York, New York; Frank Cushner, Ansonia, Con- (Pub. L. 85–761, § 2, Aug. 26, 1958, 72 Stat. 855.) necticut; Colonel Walter F. Bowman, California; § 823. Principles and objects of corporation Michael Thiede, Dearborn, Michigan; Robert Sobel, Phoenix, Arizona; Ray Schulze, Yount- (a) The principles underlying the corporation ville, California; Joseph Feingold, Miami, Flor- are patriotic allegiance to the United States of ida; Herbert McFarland, Cumberland, Maryland; America, fidelity to its Constitution and laws, Arthur LaBrack, Brighton, Massachusetts; John the security of civil liberty, and the permanence W. Fitzer, Junior, Detroit, Michigan; Arthur F. of free institutions. D. Evans, Saint Louis, Missouri; Roland C. (b) The objects of the corporation are edu- Smith, Orange, New Jersey; Charles Burkhardt, cational, fraternal, historical, and patriotic, Troy, New York; Hugo Engler, Ridgefield, Wash- perpetuating the principles of liberty and justice ington; Edward Commers, Helena, Montana; which have created the United States of Amer- Theodore Fauntz, Seattle, Washington; Albert ica, by (1) commemorating all national patriotic O. Rabassa, Baltimore, Maryland; Michael holidays; (2) maintaining true allegiance to the Doohan, New Haven, Connecticut; Occa V. Phil- Government of the United States of America lips, Saint Cloud, Minnesota; Uriah Lucas, Salis- and fidelity to its Constitution and laws; (3) pre- bury, North Carolina; Donald Lindley, Kansas serving and strengthening comradeship and pa- City, Missouri; Percy O. Buterbaugh, Lincoln, triotism amongst its members; (4) assisting, Nebraska; Stanley C. Lagncaskey, Trenton, New comforting, and aiding all needy and distressed Jersey; Alfred J. Gardner, Statesville, North members and their dependents; (5) giving needed Carolina; Sagie Nishioka, Salem, Oregon; Edgar hospital and service work through its Depart- Eichler, San Antonio, Texas; H. J. Theisen, Port ment of Veterans Affairs certified service offi- Orchard, Washington; Colonel Michael Ushakoff, cers; (6) cooperating with other civic and patri- Seattle, Washington; Alfred H. Klineschmidt, otic organizations having worthy objectives; (7) Reno, Nevada; keeping alive the achievements and memory of Francis J. Cayouette, Augusta, Maine; Wil- our country’s founders; (8) ever cherishing the liam Floyd, Aurora, Colorado; Henry H. Carter, memory of General George Washington, who Junior, North Augusta, South Carolina; Ike Par- founded the Purple Heart at his headquarters at ish, Marianna, Arkansas; Daniel P. Borota, Newburgh-on-the-Hudson, on August 7, 1782; (9) Gary, Indiana; Jerome S. Daunhauer, Ferdinand, influencing and teaching our citizenry, in a Indiana; Robert H. Gamber, Davenport, Iowa; loyal appreciation of the heritages of American William Powers, Lyndon, Kentucky; Colonel Mi- citizenship, with its responsibilities and privi- chael Glossinger, Waneland, Mississippi; Ken- leges; and (10) preserving and defending the neth Spry, Wyandotte, Michigan; Joseph C. Tay- United States of America from all enemies lor, Youngstown, Ohio; George A. Davis, Helena, whomsoever. Montana; Harold H. Hamilton, Lancaster, Penn- (Pub. L. 85–761, § 3, Aug. 26, 1958, 72 Stat. 856; sylvania; Thomas H. McGovran, Charleston, Pub. L. 102–54, § 13(n)(3), June 13, 1991, 105 Stat. West Virginia; Bernard Maurer, Edgemoor, Delaware; Marcus 278.) E. Diffenderfer, Ossipee, New Hampshire; An- AMENDMENTS drew Nomland, Grand Forks, North Dakota; Ad- 1991—Subsec. (b)(5). Pub. L. 102–54 substituted ‘‘De- miral John Hoskins, Quonset, Rhode Island; partment of Veterans Affairs’’ for ‘‘Veterans’ Adminis- Jesus Ascencio Vazquez, South Margarita, Canal tration’’. Zone; Ernest Collins, Arlington, Virginia; Genaro Cabrera, Cayey, Puerto Rico; Roberto § 824. Powers of corporation Cruz Figueroa, Rio Piedras, Puerto Rico; Henry The corporation shall have power— B. Haina, Honolulu, Hawaii; John T. Stanton, (1) to have succession by its corporate name; Kansas City, Kansas; and their successors are (2) to sue and be sued, complain and defend created and declared to be a body corporate of in any court of competent jurisdiction; the District of Columbia, where the legal domi- (3) to adopt, use and alter a corporate seal; cile shall be, by the name of the Military Order (4) to charge and collect membership dues; of the Purple Heart of the United States of (5) to adopt, amend, and alter a constitution America, Incorporated (hereinafter referred to and bylaws, not inconsistent with the laws of § 825 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 136

the United States or any State in which the vote on each matter submitted to a vote at all corporation is to operate, for the management meetings of the members of the corporation. of its property and the regulation of its affairs; (d) Exception (6) to contract and be contracted with; Notwithstanding the limitations set out in (7) to take lease, gift, purchase, grant, de- subsections (a) and (b) of this section, any mem- vise, or bequest from any private corporation, ber in good standing of the corporate body re- association, partnership, firm or individual ferred to in section 836 of this title shall be ad- and to hold any property, real, personal or mitted on request to comparable membership in mixed, necessary or convenient for attaining the corporation created by this chapter. the object and carrying into effect the pur- (Pub. L. 85–761, § 6, Aug. 26, 1958, 72 Stat. 857.) poses of the corporation, subject, however, to applicable provisions of law of any State (A) § 827. Board of directors governing the amount or kind of property which may be held, or (B) otherwise limiting (a) Composition of initial board or controlling the ownership of property by, a corporation operating in such State; Upon the enactment of this chapter the mem- (8) to transfer, convey, lease, sublease, en- bership of the initial board of directors of the cumber, and otherwise alienate real, personal corporation shall consist of the present officers or mixed property; and of the Military Order of the Purple Heart, re- (9) to borrow money for the purposes of the ferred to in section 836 of this title, or such of corporation, issue bonds therefor, and secure them as may then be living and are qualified of- the same by mortgage, deed of trust, pledge, ficers of that corporation, to wit: Richard P. or otherwise, subject in every case to all appli- Golick of Chicago, Illinois; Adolph Sutro, Holly- cable provisions of Federal and State laws. wood, California; William B. Eaton of Lansing, Michigan; Joseph Martin of Menandes, New (Pub. L. 85–761, § 4, Aug. 26, 1958, 72 Stat. 856.) York; Reverend Thomas W. Riordan, Chicago, Il- § 825. Principal office; territorial scope of activi- linois; Victor F. Kubly, Daytona Beach, Florida; ties; agent for service of process Albert Gale, Minneapolis, Minnesota; Wilbur E. Dove, Washington, District of Columbia; James (a) The principal office of the corporation B. Barrett, doctor of medicine, Troy, New York; shall be located in Washington, District of Co- who are respectively, the commander, the senior lumbia, or in any such other place as may later vice commander, finance officer, judge advocate, be determined by the national executive board, chaplain, adjutant, inspector, historian, and sur- but the activities of the corporation shall not be geon. confined to that place and may be conducted throughout the various States, Territories, and (b) Composition of subsequent boards; tenure possessions of the United States. Thereafter, the board of directors of the cor- (b) The corporation shall have in the District poration shall consist of such number (not less of Columbia at all times a designated agent au- than eighteen), shall be selected in such manner thorized to accept service of process for the cor- (including the filling of vacancies), and shall poration; and notice to or service upon such serve for such terms as may be prescribed in the agent, or mailed to the business address of such constitution and bylaws of the corporation. agent, shall be deemed notice to or service upon the corporation. (c) Duties (Pub. L. 85–761, § 5, Aug. 26, 1958, 72 Stat. 856.) The board of directors shall be the governing board of the corporation and shall, during the § 826. Membership intervals between corporation meetings, be re- (a) Eligibility sponsible for the general policies and program of the corporation. The board shall be responsible All persons of good moral character who are, for all finances of the corporation. have been, or may become members of the Armed Forces of the United States or any for- (Pub. L. 85–761, § 7, Aug. 26, 1958, 72 Stat. 857.) eign country of whatever rank, who have received or who may hereafter receive the Purple REFERENCES IN TEXT Heart for wounds received during military or Enactment of this chapter, referred to in subsec. (a), naval combat against an armed enemy of the means enactment of Pub. L. 85–761, which was enacted United States, shall be eligible for active mem- Aug. 26, 1958. bership in the corporation. (b) Extension of eligibility to parents and de- § 828. Officers scendants (a) The officers of the corporation shall be a The corporation shall have the power, more- commander, a senior vice commander, a chap- over, to extend eligibility for membership, as as- lain, an adjutant, a finance officer, a judge advo- sociate members; to parents and lineal descend- cate, an inspector, a surgeon, a historian, and ants of the described in subsection (a) of this other elected officers as prescribed in the con- section under such conditions and upon such stitution and bylaws of the corporation. terms as the corporation may specify in its con- (b) The officers of the corporation shall be stitution and bylaws. elected in such manner and for such terms and (c) Voting rights with such duties as may be prescribed in the Each member of the corporation, other than constitution and bylaws of the corporation. associate members, shall have the right to one (Pub. L. 85–761, § 8, Aug. 26, 1958, 72 Stat. 857.) Page 137 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 837

§ 829. Distribution of income or assets to mem- § 835. Use of assets on dissolution or liquidation bers; loans Upon final dissolution or liquidation of the (a) No part of the income or assets of the cor- corporation, and after discharge or satisfaction poration shall inure to any member, officer, or of all outstanding obligations and liabilities, the director, or be distributable to any such person remaining assets of the corporation may be dis- otherwise than upon dissolution or final liquida- tributed in accordance with the determination tion of the corporation as provided in section 835 of the board of directors of the corporation and of this title. Nothing in this subsection, how- in compliance with the constitution and bylaws ever, shall be construed to prevent the payment of the corporation and all Federal and State of compensation to officers of the corporation in laws applicable thereto. amounts approved by the executive committee (Pub. L. 85–761, § 15, Aug. 26, 1958, 72 Stat. 859.) of the corporation. (b) The corporation shall not make loans to its SECTION REFERRED TO IN OTHER SECTIONS officers, directors, or employees. Any director This section is referred to in section 829 of this title. who votes for or assents to the making of a loan to an officer, director, or employee of the cor- § 836. Acquisition of assets and liabilities of exist- poration, and any officer who participates in the ing corporation making of such loan, shall be jointly and sever- The corporation may acquire the assets of the ally liable to the corporation for the amount of Military Order of the Purple Heart of the United such loan until the repayment thereof. States of America, Incorporated, a body cor- (Pub. L. 85–761, § 9, Aug. 26, 1958, 72 Stat. 858.) porate organized under laws of the State of New Jersey, upon discharging or satisfactorily pro- § 830. Nonpolitical nature of corporation viding for the payment and discharge of all of The corporation, and its officers and directors the liabilities of such State corporation and as such, shall not contribute to or otherwise upon complying with all the laws of the State of support or assist any political party or can- New Jersey applicable thereto. didate for public office. (Pub. L. 85–761, § 16, Aug. 26, 1958, 72 Stat. 859.)

(Pub. L. 85–761, § 10, Aug. 26, 1958, 72 Stat. 858.) SECTION REFERRED TO IN OTHER SECTIONS § 831. Liability for acts of officers and agents This section is referred to in sections 826, 827 of this title. The corporation shall be liable for the acts of its officers and agents when acting within the § 837. Reservation of right to amend or repeal scope of their authority. chapter (Pub. L. 85–761, § 11, Aug. 26, 1958, 72 Stat. 858.) The right to alter, amend, or repeal this chapter is expressly reserved. § 832. Prohibition against issuance of stock or (Pub. L. 85–761, § 17, Aug. 26, 1958, 72 Stat. 859.) payment of dividends The corporation shall have no power to issue CHAPTER 35—BLINDED VETERANS any shares of stock or to declare or pay any ASSOCIATION dividends. Sec. (Pub. L. 85–761, § 12, Aug. 26, 1958, 72 Stat. 858.) 851. Corporation created. 852. Completion of organization. § 833. Books and records; inspection 853. Objects and purposes of corporation. 854. Powers of corporation. The corporation shall keep correct and com- 855. Principal office; territorial scope of activi- plete books and records of account and shall ties; agent for service of process. keep minutes of the proceedings of its members, 856. Membership. board of directors, and committees having any 857. Governing body. (a) Composition. authority under the board of directors, and it (b) Removal for cause. shall also keep at its principal office a record of (c) Vacancies. the names and addresses of its members entitled (d) Quorum requirement; voting. to vote. All books and records of the corporation 858. Officers. may be inspected by any member entitled to (a) Composition. vote, or his agent or attorney, for any proper (b) Powers. purpose, at any reasonable time. (c) Elections; tenure; duties. 859. Distribution of income or assets to members; (Pub. L. 85–761, § 13, Aug. 26, 1958, 72 Stat. 858.) loans. 860. Nonpolitical nature of corporation. CROSS REFERENCES 861. Liability for acts of officers and agents. Printing of proceedings of national encampments as 862. Prohibition against issuance of stock or pay- House documents, see section 1332 of Title 44, Public ment of dividends. Printing and Documents. 863. Books and records; inspection. 864. Repealed. § 834. Repealed. Pub. L. 88–504, § 4(29), Aug. 30, 865. Use of assets on dissolution or liquidation. 1964, 78 Stat. 637 866. Acquisition of assets and liabilities of existing corporation. Section, Pub. L. 85–761, § 14, Aug. 26, 1958, 72 Stat. 858, 867. Exclusive right to name, seals, emblems, and related to audit of financial transactions and report of badges. such audit to Congress. See sections 1101 to 1103 of this 868. Reservation of right to amend or repeal chap- title. ter. § 851 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 138

§ 851. Corporation created Crowson, Petersham, Massachusetts; Michael Carl Dec, Chester, Massachusetts; Joseph D. The following persons, to wit: John E. Mat- DeLaura, Worcester, Massachusetts; Albert de tingly, New Britain, Connecticut; Robert A. Simone, Revere, Massachusetts; John W. Feeley, Bottenberg, San Antonio, Texas; Norbert L. Worcester, Massachusetts; Francis V. Cormier, Newington, Connecticut; Michael I. Hammersley, Malden, Massachusetts; Francis Bernay, El Monte, California; Durham D. Hail, Hennessey, Hyde Park, Massachusetts; H. F. le Reedsport, Oregon; James H. Butler, Miami Blanc, Haverhill, Massachusetts; Edward J. Les- Springs, Florida; Melvin J. Maas, Chevy Chase, lie, Lynn, Massachusetts; John Lundgren, Maryland; Julius D. Morris, New Britain, Con- Malden, Massachusetts; Phillip Malatesta, necticut; David L. Schnair, Bronx, New York; W. Malden, Massachusetts; William McFayden, Marshall Smith, Springfield, Virginia; Guy Ludlow, Massachusetts; Kenneth A. Meister, Stone, Champaign, Illinois; Walter F. Stromer, Mount Vernon, Iowa; Raymond T. Frey, Leb- Amesbury, Massachusetts; J. H. Schuster, Hol- anon, Pennsylvania; Henry Masse, West Med- brook, Massachusetts; Chester J. Sweeney, Dorchester, Massachu- ford, Massachusetts; Joseph Smietanowski, setts; John C. Taylor, Boston, Massachusetts; Rochester, New York; Edward J. Hoyczyk, Snyder, New York; Rus- Alfred J. Therrien, Lawrence, Massachusetts; sell C. Williams, Maywood, Illinois; H. Smith Otto Huwe, New Haven, Michigan; Ernest M. Shumway, Cheyenne, Wyoming; H. P. Adams, Wiedyk, Auburn, Michigan; Ralph H. Sather, Sommerville, South Carolina; Thomas C. North Branch, Minnesota; Wesley E. Burney, Hasbrook, Indianapolis, Indiana; Leonard E. Kansas City, Missouri; James A. Schelich, Wash- Shelhamer, North Caldwell, New Jersey; Thom- ington, Missouri; Raymond T. Auprey, as J. Broderick, Chicago, Illinois; George M. Penacock, New Hampshire; John A. Clarke, New Gillispie, Gardena, California; Peter J. McKen- Brunswick, New Jersey; Edward Heimrich, na, Minneapolis, Minnesota; William A. Miller, Belleville, New Jersey; Frederich Koch, San Antonio, Texas; Phillip N. Harrison, Harris- Paramus, New Jersey; Michael A. Spencer, burg, Pennsylvania; Vasco de Gama Hale, Belleville, New Jersey; John Abrams, New York, Bloomfield, Connecticut; William W. Thompson, New York; Walter Biedrzycki, Mineola, New Bethesda, Maryland; Gordon H. Damery, Brigh- York; Francis J. Chambers, New York, New ton, Massachusetts; Irvin P. Schloss, Washing- York; Roger P. Conant, New York, New York; ton, District of Columbia; Darwin W. Niles, Jerome E. Dompierre, Buffalo, New York; Hammond, Indiana; Curtis F. Weygand, Gads- Anthony Duino, Dunkirk, New York; den, Alabama; Alfous Vaughan, Camden, Arkan- Salvatore Iadanza, Central Islip, New York; Mi- sas; chael J. Kralovich, Jackson Heights, New York; Walter R. Andrews, Roseda, California; Clar- Michael A. Lettiere, Brooklyn, New York; Jo- ence C. Carlson, Lynwood, California; Jesse S. seph A. Martone, Syracuse, New York; Robert I. Castillo, Los Angeles, California; James Harris, McGinnis, Poughkeepsie, New York; Harry J. Los Angeles, California; Sanji Kimoto, Long Owens, Cassville, New York; Alrid Plaskett, Beach, California; Jose Reyes, Lynwood, Califor- South Ozone Park, New York; Jack Shapiro, nia; Neftali Sanchez, Los Angeles, California; Jackson Heights, New York; Andrew G. Derald W. Stange, Los Angeles, California; Paul Tomanek, Jackson Heights, New York; Paul U. Brower, Oakland, California; Clarence Viviano, Sunnyside, New York; Michael Weber, Costello, Oakland, California; Herbert P. Oakes, Watertown, New York; Narcus Zetkin, New Denver, Colorado; Robert W. Taylor, Pueblo, York, New York; John Henry Edge, Rocky Colorado; Ernest M. Bowen, Granby, Connecti- Mount, North Carolina; Henry C. Riggins, Ashe- cut; Dominic Buonocore, Waterbury, Connecti- ville, North Carolina; George H. Williams, cut; Edward Cousineau, Windsor Locks, Con- Rocky Mount, North Carolina; John C. Small- necticut; Theodore Wysocki, West Hartford, beck, Aneta, North Dakota; Connecticut; Francisco de la Cruz, Washington, A. W. Brent, Cleveland, Ohio; Floyd H. Miller, District of Columbia; Raymond N. Goldstein, Louisville, Ohio; Carl Mock, Logan, Ohio; James Washington, District of Columbia; John H. L. Park, Middlefield, Ohio; John Bernabo, Boli- Jones, Washington, District of Columbia; John var, Pennsylvania; Richard G. Brooks, Philadel- S. Nadeau, Washington, District of Columbia; phia, Pennsylvania; Charles P. Hogan, Pitts- Adolph E. Anglan, Daytona Beach, Florida; burgh, Pennsylvania; Richard A. Neiman, Lan- LaRue S. Milne, Largo, Florida; Robert L. caster, Pennsylvania; Steve T. Olesnanlk, Lake Robinson, Orlando, Florida; Charles H. Monroe, City, Pennsylvania; Curtis W. Sechrist, East Savannah, Georgia; Hisatomi Hiyasaka, Sugar York, Pennsylvania; Edward A. Zelonis, Harris- City, Idaho; Fay Anderson, Pocatonia, Illinois; burg, Pennsylvania; Herman W. Nodine, Green- Irvin J. Edwards, Lee, Illinois; Marvin Halladay, ville, South Carolina; Emil M. Larson, Sioux Bensenville, Illinois; Vincent Ortiz, Senior, Blue Falls, South Dakota; Randolph H. Greene, Lub- Island, Illinois; Raymond D. McCarty, La Porte, bock, Texas; Alfred Poe, El Paso, Texas; James Indiana; Gerald J. Miller, Rensselaer, Indiana; A. H. Brown, Lynchburg, Virginia; Harold A. Charles T. Rachels, Mount Vernon, Indiana; Bussey, Norfolk, Virginia; Bernie C. Lear, Ches- John W. Stalcup, Indianapolis, Indiana; William terfield, Virginia; Charles F. MacFarlane, Se- E. Cassell, Cumberland, Maryland; Frank L. attle, Washington; John A. Veith, Lost Creek, Bavin, Wilmington, Massachusetts; Jerome F. West Virginia; Richard J. Hunt, Madison, Wis- Bowen, Chelsea, Massachusetts; Walter F. consin; Branlund, Braintree, Massachusetts; Daniel B. Alvin R. Johnson, Milwaukee, Wisconsin; Leo Carveth, Annisquam, Massachusetts; A. Urbaniak, Troy Center, Wisconsin; Julio C. Adolfo Cenci, Somerville, Massachusetts; Na- Galarza Torres, Rio Piedras, Puerto Rico; John than Cohen, Winthrop, Massachusetts; John F. P. Collins, West Monroe, Louisiana; Gerald J. Page 139 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 856

DuBois, Morgan City, Louisiana; James L. § 854. Powers of corporation Womack, Winnfield, Louisiana; Blaise Angelico, The corporation shall have power— New Orleans, Louisiana; Tom Byrnes, Shreve- (1) to sue and be sued, complain and defend port, Louisiana; Reynolds T. Liner, Houma, Lou- in any court of competent jurisdiction; isiana; David Martin, Lafayette, Louisiana; Jo- (2) to adopt, alter, and use a corporate seal; seph Emile DuPont, Plaquemine, Louisiana; Jo- (3) to choose officers, managers, and agents seph C. Hattier, Metarie, Louisiana; Steve as the business of the corporation may re- Champagne, Saint Martinville, Louisiana; Ste- quire; phen Carra, New Orleans, Louisiana; Clarence (4) to charge and collect membership dues; Clark, West Monroe, Louisiana; Bernard J. (5) to adopt, amend, apply, and alter a con- Cramer, Crowley, Louisiana; Vernon Parenton, stitution and bylaws not inconsistent with the Baton Rouge, Louisiana; Daniel Pinchera, laws of the United States of America or any Shreveport, Louisiana; Joseph Roth, Gonzales, State in which the corporation is to operate, Louisiana; James Turner, Varnado, Louisiana; for the management of its property and the Edwin Westrate, Port Allen, Louisiana; Preston regulation of its affairs; Wyatts, Natchitoches, Louisiana; and each other (6) to contract and be contracted with; person who, on August 27, 1958, is a member in (7) to take and hold by lease, gift, purchase, good standing of Blinded Veterans Association, grant, devise, bequest or otherwise any prop- Incorporated, a corporation organized and exist- erty real, personal, or mixed, necessary or ing under the membership corporation law of convenient for attaining the objects of the the State of New York, and their successors, are corporation, subject, however, to applicable created and declared to be a body corporate by provisions of law of any State, (a) governing the name of Blinded Veterans Association (re- the amount or kind of real and personal prop- ferred to in this chapter as the ‘‘corporation’’) erty which may be held by, or, (b) otherwise and by such name shall be known and have per- limiting or controlling the ownership of real petual succession of the powers, limitations, and and personal property by, a corporation oper- restrictions contained in this chapter. ating in such State; (Pub. L. 85–769, § 1, Aug. 27, 1958, 72 Stat. 922.) (8) to transfer, lease, or convey real or personal property; SECTION REFERRED TO IN OTHER SECTIONS (9) to borrow money for the purposes of the This section is referred to in section 852 of this title. corporation and issue bonds or other evidences of indebtedness therefor and secure the same § 852. Completion of organization by mortgage or pledge subject to applicable A majority of the persons named in section 851 Federal or State laws; and of this title are authorized to complete the orga- (10) to do any and all acts necessary and nization of the corporation by the selection of proper to carry out the purposes of the cor- officers and employees, the adoption, amend- poration. ment, and revision of a constitution and bylaws (Pub. L. 85–769, § 4, Aug. 27, 1958, 72 Stat. 924.) not inconsistent with the provisions of this chapter and the doing of such other acts as may § 855. Principal office; territorial scope of activi- be necessary for such purpose. ties; agent for service of process (Pub. L. 85–769, § 2, Aug. 27, 1958, 72 Stat. 924.) (a) The principal office of the corporation shall be located in Washington, District of Co- § 853. Objects and purposes of corporation lumbia, or in such other place as may later be The objects and purposes of the corporation determined by the board of directors but the ac- shall be as follows: tivities of the corporation shall not be confined (1) To promote the welfare of blinded veter- to that place and may be conducted throughout ans so that, notwithstanding their disabilities, the various Territories and possessions of the they may take their rightful place in the com- United States. munity and work with their fellow citizens to- (b) The corporation shall have in the District ward the creation of a peaceful world. of Columbia at all times a designated agent au- (2) To preserve and strengthen a spirit of fel- thorized to accept service and process for the lowship among blinded veterans so that they corporation; and notice to or service upon such may give mutual aid and assistance to one an- agent or mailed to the business address of such other. agent shall be deemed as service to or notice on (3) To maintain and extend the institutions the corporation. of American freedom and to encourage loyalty (Pub. L. 85–769, § 5, Aug. 27, 1958, 72 Stat. 925.) to the Constitution and laws of the United States and of the States in which they reside. § 856. Membership (4) To be organized and operated as a cor- Any person who was enlisted, drafted, in- poration not for profit, no part of the income ducted, or commissioned in the Armed Forces of or assets of which shall inure to the benefit of the United States and who, in the line of duty in any of its members, directors, or officers, nor such service, has sustained a substantial impair- be distributable thereto otherwise than upon ment of sight or vision, as such is defined from dissolution or final liquidation; and such cor- time to time by the bylaws of the corporation, poration is organized and shall be operated ex- shall be eligible for general membership in the clusively for charitable, educational, patri- corporation. In addition to the general member- otic, and civic improvement purposes. ship, there shall be special classes of honorary (Pub. L. 85–769, § 3, Aug. 27, 1958, 72 Stat. 924.) and associate membership, qualification or eli- § 857 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 140 gibility for which, and rights and obligations of obligations of the corporation. Nothing in this which, shall be as provided from time to time by section, however, shall be construed to pre- the bylaws of the corporation. All persons who vent— are members of any class of Blinded Veterans (1) the payment of bona fide expenses of offi- Association, Incorporated, on August 27, 1958 cers of the corporation in amounts approved shall be members of such class of the corpora- by the board of directors; or tion. (2) the payment of appropriate aid to blinded (Pub. L. 85–769, § 6, Aug. 27, 1958, 72 Stat. 925.) veterans, their widows or their children pursuant to the objects of the corporation. § 857. Governing body (b) The corporation shall not make loans to its (a) Composition officers, directors, or employees. Any officer or director who votes for or assents to the making The number of directors shall be not less than of a loan to an officer, director, or employee of three nor more than fifteen 1 said directors shall the corporation and any officer who participates be divided into a specified number of classes, in the making of such loan shall be jointly and each class holding office for a definite period of severally liable to the corporation for the years, as shall be provided from time to time by amount of such loan until the payment thereof. the bylaws of the corporation, except that the directors of Blinded Veterans Association, In- (Pub. L. 85–769, § 9, Aug. 27, 1958, 72 Stat. 926.) corporated, on August 27, 1958 shall be the first directors of the corporation. § 860. Nonpolitical nature of corporation (b) Removal for cause The corporation, and its officers and directors Any director of the corporation may be re- as such, shall not contribute to or otherwise moved at any time for just and proper cause by support or assist any political party or can- a vote of a majority of a quorum of directors didate for elective public office. present at a meeting called for that purpose. (Pub. L. 85–769, § 10, Aug. 27, 1958, 72 Stat. 926.) (c) Vacancies § 861. Liability for acts of officers and agents If a vacancy occurs in the office of director of the corporation, a majority of a quorum of the The corporation shall be liable for the acts of remaining directors present at a meeting duly its officers and agents when acting within the called for that purpose may elect a director to scope of their authority. fill such vacancy until the next annual meeting (Pub. L. 85–769, § 11, Aug. 27, 1958, 72 Stat. 926.) of the corporation. § 862. Prohibition against issuance of stock or (d) Quorum requirement; voting payment of dividends A majority of the directors shall be present at any meeting of directors in order to constitute The corporation shall have no power to issue a quorum and the votes of a majority of the di- any shares of stock or declare or pay dividends. rectors so present shall be necessary for the (Pub. L. 85–769, § 12, Aug. 27, 1958, 72 Stat. 926.) transaction of any business. § 863. Books and records; inspection (Pub. L. 85–769, § 7, Aug. 27, 1958, 72 Stat. 925.) The corporation shall keep correct and com- § 858. Officers plete books and records of account. It shall also (a) Composition keep minutes of the proceedings of its membership and of the board of directors or committees The corporation shall have such officers as having authority under the board of directors. It may be provided for in the bylaws. shall also keep at its principal office a record (b) Powers giving the names and addresses of its members, The officers shall have such powers consistent directors, and officers. All books and records of with this charter, as may be determined by the the corporation may be inspected by any mem- bylaws. ber or his agent or attorney for any proper pur- (c) Elections; tenure; duties pose at any reasonable time. The officers of the corporation shall be elected (Pub. L. 85–769, § 13, Aug. 27, 1958, 72 Stat. 926.) in such manner and have such terms and with § 864. Repealed. Pub. L. 88–504, § 4(30), Aug. 30, such duties as may be prescribed in the bylaws 1964, 78 Stat. 637 of the corporation. (Pub. L. 85–769, § 8, Aug. 27, 1958, 72 Stat. 925.) Section, Pub. L. 85–769, § 14, Aug. 27, 1958, 72 Stat. 926, related to audit of financial transactions and report of § 859. Distribution of income or assets to mem- such audit to Congress. See sections 1101 to 1103 of this title. bers; loans (a) No part of the income or assets of the cor- § 865. Use of assets on dissolution or liquidation poration shall inure to any member, officer, or Upon final dissolution or liquidation of the director as such, or be distributed to any of corporation and after discharge or satisfaction them during the life of the corporation or upon of all outstanding obligations and liabilities the its dissolution or final liquidation, nor shall any remaining assets of the corporation shall be member or private individual be liable for the transferred to the Department of Veterans Af- fairs to be applied to the care and comfort of 1 So in original. Probably should be a followed by punctuation. blinded veterans. Page 141 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 884

(Pub. L. 85–769, § 15, Aug. 27, 1958, 72 Stat. 927; § 881. Corporation created; short title Pub. L. 102–54, § 13(n)(4), June 13, 1991, 105 Stat. 278.) (a) The following persons: Charles G. Berwind, Philadelphia, Pennsylvania; Mark Willcox, Jun- AMENDMENTS ior, Philadelphia, Pennsylvania; Earle S. 1991—Pub. L. 102–54 substituted ‘‘Department of Vet- Thompson, New York, New York; Archie O. erans Affairs’’ for ‘‘Veterans’ Administration’’. Dawson, New York, New York; Isadore A. Wyner, New York, New York; and their succes- § 866. Acquisition of assets and liabilities of exist- sors, are hereby created and declared to be a ing corporation body corporate of the District of Columbia, The corporation may acquire the assets of the where its legal domicile shall be, by the name of Blinded Veterans Association, Incorporated, a the Big Brothers—Big Sisters of America (here- body corporate organized under the laws of the inafter referred to as the corporation) and by State of New York, upon discharge or satisfac- such name shall be known and have perpetual torily providing for the payment and discharge succession and the powers, limitations, and re- of all of the liabilities of such State corporation strictions herein contained. and upon complying with all the laws of the (b) This chapter may be cited as the ‘‘Big State of New York applicable thereto. Brothers—Big Sisters of America’’. (Pub. L. 85–769, § 16, Aug. 27, 1958, 72 Stat. 927.) (Pub. L. 85–870, § 1, Sept. 2, 1958, 72 Stat. 1691; Pub. L. 95–167, § 1(a), Nov. 11, 1977, 91 Stat. 1347.) § 867. Exclusive right to name, seals, emblems, and badges REFERENCES IN TEXT Herein, referred to in subsec. (a), means Pub. L. The corporation and its duly authorized re- 85–870, Sept. 2, 1958, 72 Stat. 1691, as amended, which is gional groups and other local subdivisions shall classified generally to this chapter. For complete clas- have the sole and exclusive right to have and sification of this Act to the Code, see Tables. use in carrying out its purposes the name Blind- ed Veterans Association and such seals, em- AMENDMENTS blems, and badges as the corporation may law- 1977—Pub. L. 95–167 designated existing provisions as fully adopt. subsec. (a), substituted ‘‘Big Brothers—Big Sisters of America’’ for ‘‘Big Brothers of America’’, and added (Pub. L. 85–769, § 17, Aug. 27, 1958, 72 Stat. 927.) subsec. (b).

CROSS REFERENCES SECTION REFERRED TO IN OTHER SECTIONS Penalty for unauthorized manufacture, reproduction, This section is referred to in section 882 of this title. or sale of badges or emblems of veterans’ organizations, see section 705 of Title 18, Crimes and Criminal Proce- § 882. Completion of organization dure. A majority of the persons named in section 881 § 868. Reservation of right to amend or repeal of this title are authorized to complete the orga- chapter nization of the corporation by the adoption of a constitution and bylaws, not inconsistent with The right to alter, amend, or repeal this chap- this chapter, and the doing of such other acts ter is expressly reserved. (including the selection of officers and employ- (Pub. L. 85–769, § 18, Aug. 27, 1958, 72 Stat. 927.) ees in accordance with such constitution and bylaws) as may be necessary for such purpose. CHAPTER 36—BIG BROTHERS—BIG SISTERS OF AMERICA (Pub. L. 85–870, § 2, Sept. 2, 1958, 72 Stat. 1691.)

Sec. § 883. Purposes of corporation 881. Corporation created; short title. 882. Completion of organization. The purposes of the corporation shall be to aid 883. Purposes of corporation. and assist individuals throughout the United 884. Powers of corporation. States of America in the solution of their social 885. Principal office; territorial scope of activi- and economic problems, and assist in their ties; agent for service of process. health, educational and character development; 886. Membership; voting rights. to promote the use of the techniques of such as- 887. Governing body. (a) Composition. sistance developed by the corporation, by other (b) Tenure. lay and professional agencies and workers, to re- (c) Duties. ceive, invest, and disburse funds and to hold 888. Officers. property for the purposes of the corporation. 889. Distribution of income or assets to members; loans. (Pub. L. 85–870, § 3, Sept. 2, 1958, 72 Stat. 1691; 890. Nonpolitical nature of corporation. Pub. L. 95–167, § 1(b), Nov. 11, 1977, 91 Stat. 1347.) 891. Liability for acts of officers and agents. AMENDMENTS 892. Prohibition against issuance of stock or payment of dividends. 1977—Pub. L. 95–167 substituted ‘‘individuals’’ for 893. Books and records; inspection. ‘‘boys’’ and struck out ‘‘and Canada’’ after ‘‘United 894. Repealed. States of America’’. 895. Exclusive right to name, emblems, seals, and badges. § 884. Powers of corporation 896. Acquisition of assets and liabilities of existing corporation. The corporation shall have power— 897. Use of assets on dissolution or liquidation. (1) to have succession by its corporate name; 898. Reservation of right to amend or repeal chap- (2) to sue and be sued, complain, and defend ter. in any court of competent jurisdiction; § 885 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 142

(3) to adopt, use, and alter a corporate seal; § 887. Governing body (4) to choose such officers, managers, agents, and employees as the business of the corpora- (a) Composition tion may require; Upon the enactment of this chapter the mem- (5) to adopt, amend, and alter a constitution bership of the initial board of directors of the and bylaws, not inconsistent with the laws of corporation shall consist of the present mem- the United States or any State in which the bers of the board of directors of the Big Brothers corporation is to operate, for the management of America, Incorporated, the corporation de- of its property and the regulation of its af- scribed in section 896(a) of this title, or such of fairs; them as may then be living and are qualified (6) to contract and be contracted with; members of said board of directors, to wit: (7) to take by lease, gift, purchase, grant, de- Justice Tom Clark, Washington, D.C. (honor- vise, or bequest from any private corporation, ary); association, partnership, firm, or individual Honorable Stuart Garson, Ottawa, Ontario, and to hold any property, real, personal, or Canada (honorary); mixed, necessary or convenient for attaining Honorable Luther W. Youngdahl, Washington, the objects and carrying into effect the pur- District of Columbia (honorary); poses of the corporation, subject, however, to Charles G. Berwind, Philadelphia, Pennsyl- applicable provisions of law of any State (A) vania; governing the amount or kind of property Henry J. Benisch, Brooklyn, New York; which may be held by, or (B) otherwise limit- DeVere Bobier, Flint, Michigan; ing or controlling the ownership of property J. Carroll Brown, Lansing, Michigan; by, a corporation operating in such State; Fielding T. Childress, Saint Louis, Missouri; (8) to transfer, convey, lease, sublease, en- Guy de Puyjalon, Ottawa, Ontario, Canada; cumber, and otherwise alienate real, personal, Robert E. Curry, New York City, New York; or mixed property; and Jere Gillette, Detroit, Michigan; (9) to borrow money for the purposes of the Benjamin van D. Hedges, New York City, New corporation, issue bonds therefor, and secure York; the same by mortgage, deed of trust, pledge, Honorable Thomas C. Hennings, Junior, Wash- or otherwise, subject in every case to all appli- ington, District of Columbia; cable provisions of Federal and State laws. Doctor Kenneth D. Johnson, New York City, New York; (Pub. L. 85–870, § 4, Sept. 2, 1958, 72 Stat. 1691.) Charles B. Levinson, Cincinnati, Ohio; § 885. Principal office; territorial scope of activi- Walter H. Levy, Providence, Rhode Island; ties; agent for service of process Richard Loud, Boston, Massachusetts; George O. Ludcke, Junior, Minneapolis, Min- (a) The principal office of the corporation nesota; shall be located in Philadelphia, Pennsylvania, Charles E. McMartin, Saginaw, Michigan; or in such other place as may be later deter- John McShain, Philadelphia, Pennsylvania; mined by the board of directors, but the activi- John E. Mangrum, Dallas, Texas; ties of the corporation shall not be confined to George Miller, Los Angeles, California; that place, but may be conducted throughout Nicholas C. Mueller, Baltimore, Maryland; the various States, Territories, and possessions Herbert Myerberg, Baltimore, Maryland; of the United States. Thomas J. Potts, Columbus, Ohio; (b) The corporation shall have in the District Norfleet H. Rand, Saint Louis, Missouri; of Columbia at all times a designated agent au- G. Ruhland Rebmann, Junior, Philadelphia, thorized to accept service of process for the cor- Pennsylvania; poration; and notice to or service upon such James B. Reese, Los Angeles, California; agent, or mailed to the business address of such Sanford Reider, Cleveland, Ohio; agent, shall be deemed notice to or service upon Thomas A. Rogers, Denver, Colorado; the corporation. Robert N. Rosenthal, Cincinnati, Ohio; (Pub. L. 85–870, § 5, Sept. 2, 1958, 72 Stat. 1692; Canon John Samuel, Hamilton, Ontario, Can- Pub. L. 95–167, § 1(c), Nov. 11, 1977, 91 Stat. 1347.) ada; Maurice Schwarz, Junior, Los Angeles, Cali- AMENDMENTS fornia; 1977—Subsec. (a). Pub. L. 95–167 struck out ‘‘and in Isadore M. Scott, Philadelphia, Pennsylvania; Canada to the extent permitted by Canadian laws’’ Milton Seaman, New York City, New York; after ‘‘possessions of the United States’’. Nathaniel Sharf, Boston, Massachusetts; Jay C. Standish, Cleveland, Ohio; § 886. Membership; voting rights Donald W. Thornburgh, Philadelphia, Pennsyl- Eligibility for membership in the corporation vania; and the rights, privileges, and designations of Robert L. Walston, Houston, Texas; classes of members shall, except as provided in J. Austin White, Cincinnati, Ohio; this chapter, be determined as the constitution Meredith Willson, Los Angeles, California; and bylaws of the corporation may provide. Paul Wilson, Detroit, Michigan; and Each member of the corporation shall have the E. N. Zeigler, Florence, South Carolina. right to one vote on each matter submitted to a (b) Tenure vote at all meetings of the members of the cor- Thereafter the board of directors of the corporation. poration shall consist of such number as may be (Pub. L. 85–870, § 6, Sept. 2, 1958, 72 Stat. 1692.) prescribed in the constitution of the corpora- Page 143 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 896 tion, and the members of such board shall be se- (Pub. L. 85–870, § 11, Sept. 2, 1958, 72 Stat. 1694.) lected in such manner (including the filling of vacancies), and shall serve for such terms, as § 892. Prohibition against issuance of stock or may be prescribed in the constitution and by- payment of dividends laws of the corporation. The corporation shall have no power to issue (c) Duties any shares of stock or to declare or pay any The board of directors shall be the managing dividends. body of the corporation and shall have such pow- (Pub. L. 85–870, § 12, Sept. 2, 1958, 72 Stat. 1694.) ers, duties, and responsibilities as may be prescribed in the constitution and bylaws of the § 893. Books and records; inspection corporation. The corporation shall keep correct and com- (Pub. L. 85–870, § 7, Sept. 2, 1958, 72 Stat. 1692; plete books and records of account and shall Pub. L. 95–167, § 1(d), Nov. 11, 1977, 91 Stat. 1347.) keep minutes of the proceedings of its members, REFERENCES IN TEXT board of directors, and committees having any authority under the board of directors; and it Upon the enactment of this chapter, referred to in subsec. (a), means upon the enactment of Pub. L. shall also keep at its principal office a record of 85–870, which was enacted Sept. 2, 1958. the names and addresses of its members entitled to vote. All books and records of the corporation AMENDMENTS may be inspected by any member entitled to 1977—Subsec. (a). Pub. L. 95–167 substituted ‘‘section vote, or his agent or attorney, for any proper 896(a) of this title’’ for ‘‘section 896 of this title’’. purpose, at any reasonable time. § 888. Officers (Pub. L. 85–870, § 13, Sept. 2, 1958, 72 Stat. 1694.)

(a) The officers of the corporation shall be a § 894. Repealed. Pub. L. 88–504, § 4(31), Aug. 30, chairman of the board of directors, a president, 1964, 78 Stat. 637 one or more vice presidents (as may be prescribed in the constitution and bylaws of the Section, Pub. L. 85–870, § 14, Sept. 2, 1958, 72 Stat. 1694, corporation), a secretary, and a treasurer. related to audit of financial transactions and report of (b) The officers of the corporation shall be such audit to Congress. See sections 1101 to 1103 of this elected in such manner and for such terms and title. with such duties as may be prescribed in the § 895. Exclusive right to name, emblems, seals, constitution and bylaws of the corporation. and badges (Pub. L. 85–870, § 8, Sept. 2, 1958, 72 Stat. 1693.) The corporation and its subordinate divisions § 889. Distribution of income or assets to mem- shall have the sole and exclusive right to use bers; loans any of the following names: The Big Brothers of America; Big Sisters International, Incor- (a) No part of the income or assets of the corporated; Big Sisters of America; Big Brothers; poration shall inure to any of its members, di- Big Sisters; Big Brothers—Big Sisters of Amer- rectors, or officers as such, or be distributable ica; and Big Sisters—Big Brothers. The corpora- to any of them during the life of the corporation tion shall have the exclusive and sole right to or upon its dissolution or final liquidation. use or to allow or refuse the use of such em- Nothing in this subsection, however, shall be blems, seals, and badges as have heretofore been construed to prevent the payment of compensa- used by the predecessor New York corporation, tion to officers of the corporation in amounts Big Brothers of America, Incorporated, de- approved by the board of directors of the cor- scribed in section 896(a) of this title, and by the poration. District of Columbia corporation, Big Sisters (b) The corporation shall not make loans to its International, Incorporated, described in section officers, directors, or employees. Any director 896(b) of this title, and the right to which may who votes for or assents to the making of a loan be transferred to the corporation. or advance to an officer, director, or employee of the corporation, and any officer who partici- (Pub. L. 85–870, § 15, Sept. 2, 1958, 72 Stat. 1694; pates in the making of such a loan or advance, Pub. L. 95–167, § 1(e), Nov. 11, 1977, 91 Stat. 1347.) shall be jointly and severally liable to the cor- AMENDMENTS poration for the amount of such loan until the repayment thereof. 1977—Pub. L. 95–167 substituted ‘‘any of the following names: The Big Brothers of America; Big Sisters Inter- (Pub. L. 85–870, § 9, Sept. 2, 1958, 72 Stat. 1693.) national, Incorporated; Big Sisters of America; Big Brothers; Big Sisters; Big Brothers—Big Sisters of § 890. Nonpolitical nature of corporation America; and Big Sisters—Big Brothers’’ for ‘‘the The corporation, and its officers and directors name, The Big Brothers of America’’ and ‘‘section as such, shall not contribute to or otherwise 896(a) of this title, and by the District of Columbia corporation, Big Sisters International, Incorporated, de- support or assist any political party or can- scribed in section 896(b) of this title,’’ for ‘‘section 896 didate for public office. of this title’’. (Pub. L. 85–870, § 10, Sept. 2, 1958, 72 Stat. 1694.) § 896. Acquisition of assets and liabilities of exist- § 891. Liability for acts of officers and agents ing corporation The corporation shall be liable for the acts of (a) The corporation may acquire the assets of its officers and agents when acting within the the Big Brothers of America, Inc., a corporation scope of their authority. organized under the laws of the State of New § 897 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 144

York, upon discharging or satisfactorily provid- man, Westbrook, Maine; Joseph Gilman, Man- ing for the payment and discharge of all of the chester, New Hampshire; Captain Louis H. liability of such corporation and upon comply- Albrand, Burlington, Vermont; Mrs. Ethel ing with all laws of the State of New York appli- Cohen, Providence, Rhode Island; Paul J. Robin, cable thereto. Providence, Rhode Island; Frederick S. Harris, (b) The corporation may acquire the assets of Meriden, Connecticut; Edward Lettick, New Big Sisters International, Incorporated, a cor- Haven, Connecticut; William Carmen, Brook- poration organized under the laws of the Dis- line, Massachusetts; David Lasker, Boston, Mas- trict of Columbia, upon discharging or satisfac- sachusetts; Mrs. Sarah Stone, Brighton, Massa- torily providing for the payment and discharge chusetts; Harry D. Henshel, New York, New of all of the liability of such corporation and York; Captain Joshua Goldberg, New York, New upon complying with all laws of the District of York; Sol Masch, New York, New York; Sam Columbia applicable thereto. Slutsky, Peekskill, New York; I. T. Rockman, Harrisburg, Pennsylvania; Harry H. Schaffer, (Pub. L. 85–870, § 16, Sept. 2, 1958, 72 Stat. 1695; Pittsburgh, Pennsylvania; Doctor David Coyne, Pub. L. 95–167, § 1(f), Nov. 11, 1977, 91 Stat. 1347.) Hoboken, New Jersey; Edward Nappen, Atlantic AMENDMENTS City, New Jersey; Howard M. Berg, Wilmington, Delaware; Samuel Michaelson, Baltimore, Mary- 1977—Pub. L. 95–167 designated existing provisions as subsec. (a) and added subsec. (b). land; Louis E. Spiegler, Washington, District of Columbia; Joseph F. Barr, Washington, District SECTION REFERRED TO IN OTHER SECTIONS of Columbia; Joseph A. Reshefsky, Portsmouth, This section is referred to in sections 887, 895 of this Virginia; Edward Leyton, High Point, North title. Carolina; Doctor Harry Appel, Charleston, South Carolina; Harry Harrison, Atlanta, Georgia; § 897. Use of assets on dissolution or liquidation Paul Ginsberg, Atlanta, Georgia; Harry Cohen, Upon dissolution or final liquidation of the Miami Beach, Florida; Louis B. Lepp, Bir- corporation, after discharge or satisfaction of mingham, Alabama; Edwin I. Baer, Louisville, all outstanding obligations and liabilities, the Kentucky; Doctor Yale Burke, South Bend, Indi- remaining assets, if any, of the corporation shall ana; Harry T. Madison, Oak Park, Michigan; be distributed in accordance with the deter- William Bobier, Phoenix, Arizona; Samuel mination of the board of directors of the cor- Shaikewitz, St. Louis, Missouri; Major General poration and in compliance with the constitu- Julius Klein, Chicago, Illinois; Nathan Rakita, tion and bylaws of the corporation and all Fed- Milwaukee, Wisconsin; Myer Dorfman, St. Paul, eral and State laws applicable thereto. Minnesota; Hyman Greenspan, Dallas, Texas; Harold Freeman, Phoenix, Arizona; Harry Pells, (Pub. L. 85–870, § 17, Sept. 2, 1958, 72 Stat. 1695.) Denver, Colorado; Hy Weitzman, San Bernardino, California; Don Kapner, Seattle, § 898. Reservation of right to amend or repeal Washington; Sherman Z. Lipstein, Omaha, Ne- chapter braska; William Stern, Fargo, North Dakota; The right to alter, amend, or repeal this chap- and their successors, are hereby created and deter is expressly reserved. clared to be a nonprofit body corporate of the District of Columbia, where its legal domicile (Pub. L. 85–870, § 18, Sept. 2, 1958, 72 Stat. 1695.) shall be, by the name of the Jewish War Veter- CHAPTER 37—JEWISH WAR VETERANS, ans, U.S.A., National Memorial, Incorporated U.S.A., NATIONAL MEMORIAL, INC. (hereinafter referred to as the ‘‘corporation’’), and by such name shall be known and have per- Sec. petual succession and the powers, limitations, 911. Corporation created. and restrictions herein contained. 912. Completion of organization. 913. Principles and objects of corporation. (Pub. L. 85–903, § 1, Sept. 2, 1958, 72 Stat. 1738.) 914. Powers of corporation. 915. Principal office; territorial scope of activi- REFERENCES IN TEXT ties; agent for service of process. Herein, referred to in text, means Pub. L. 85–903, 916. Governing body. Sept. 2, 1958, 72 Stat. 1738, as amended, which is classi- (a) Composition. fied generally to this chapter. For complete classifica- (b) Tenure. tion of this Act to the Code, see Tables. (c) Duties. 917. Officers. SECTION REFERRED TO IN OTHER SECTIONS 918. Distribution of income or assets to members; This section is referred to in section 912 of this title. loans. 919. Nonpolitical nature of corporation. § 912. Completion of organization 920. Liability for acts of officers and agents. 921. Prohibition against issuance of stock or pay- A majority of the persons named in section 911 ment of dividends. of this title are authorized to complete the orga- 922. Books and records; inspection. nization of the corporation by the selection of 923. Repealed. officers and employees, the adoption of a con- 924. Use of assets on dissolution or liquidation. stitution and bylaws, not inconsistent with the 925. Acquisition of assets and liabilities of exist- provisions of this chapter, and the doing of such ing corporation. 926. Reservation of right to amend or repeal chap- other acts as may be necessary for such purpose. ter. (Pub. L. 85–903, § 2, Sept. 2, 1958, 72 Stat. 1738.) § 911. Corporation created § 913. Principles and objects of corporation The following named persons, to wit: Ben The principles and objects of the corporation Kaufman, Trenton, New Jersey; William Ber- shall be— Page 145 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 918

(a) to maintain and conduct a national me- a designated agent to accept service of process morial and museum dedicated to and com- for the corporation and notice to or service upon memorating the service and sacrifice in the such agent, or mailed to the headquarters of the Armed Forces of the United States during the organization in the said District of Columbia period of war by Americans of the Jewish shall be deemed notice or service upon the said faith; corporation. (b) to gather, collate, edit, publish, and ex- (Pub. L. 85–903, § 5, Sept. 2, 1958, 72 Stat. 1739.) hibit the memorabilia, data, records, military awards, decorations, citations, and so forth, § 916. Governing body for the purpose of preserving the memories (a) Composition and records of patriotic service performed by men and women of the Jewish faith while in Upon the enactment of this chapter, the ini- the armed services of the United States in tial board of directors of the corporation shall time of war; and consist of the present officers and members of (c) to stimulate patriotism in the minds of the board of directors of the existing corpora- all Americans by encouraging the study of the tion, entitled ‘‘Jewish War Veterans U.S.A., Na- military and naval history of our Nation. tional Memorial, Incorporated’’, an organization incorporated under the laws of the District of (Pub. L. 85–903, § 3, Sept. 2, 1958, 72 Stat. 1738.) Columbia. § 914. Powers of corporation (b) Tenure The corporation shall have power— Thereafter, the board of directors of the cor- (a) to have succession by its corporate name; poration shall be of such number (not less than (b) to sue and be sued, complain and defend thirty-six) who shall be selected in such manner, in any court of competent jurisdiction; including the filling of vacancies and serve such (c) to adopt, use, and alter a corporate seal; terms as shall be prescribed under the constitu- (d) to adopt, amend, and alter a constitution tion and bylaws of the corporation. and bylaws, not inconsistent with the laws of (c) Duties the United States, for the management of its property and the regulation of its affairs; said The board of directors shall be the governing constitution and bylaws should likewise not board of the corporation and shall, during the be inconsistent with the laws of any State in intervals between corporation meetings, be re- which the corporation is to operate; sponsible for the general policies and program of (e) to contract and be contracted with; the corporation. The board shall be responsible (f) to take by lease, gift, purchase, grant, de- for all finances of the corporation. vise, or bequest from any private corporation, (Pub. L. 85–903, § 6, Sept. 2, 1958, 72 Stat. 1739.) association, partnership, firm, or individual, and to hold any property, real, personal, or REFERENCES IN TEXT mixed, necessary or convenient for attaining Upon the enactment of this chapter, referred to in the objects and carrying into effect the pur- subsec. (a), means upon the enactment of Pub. L. poses of the corporation, subject, however, to 85–903, which was enacted Sept. 2, 1958. applicable provisions of law of any State (A) § 917. Officers governing the amount or kind of property which may be held by, or (B) otherwise limit- (a) The officers of the corporation shall be a ing or controlling the ownership of property president and such number of vice presidents as by, a corporation operating in such State; shall be provided for in the constitution and by- (g) to transfer, convey, lease, sublease, en- laws, as well as a secretary and treasurer. cumber, and otherwise alienate real, personal, (b) The officers of the corporation shall be or mixed property; and elected in such manner and for such terms as (h) to borrow money for the purposes of the well as with such duties as may be prescribed in corporation, issue bonds therefor, and secure the constitution and bylaws of the corporation. the same by mortgage, deed of trust, pledge, or otherwise, subject in every case to all appli- (Pub. L. 85–903, § 7, Sept. 2, 1958, 72 Stat. 1740.) cable provisions of Federal and State laws. § 918. Distribution of income or assets to mem- (Pub. L. 85–903, § 4, Sept. 2, 1958, 72 Stat. 1739.) bers; loans

CROSS REFERENCES (a) No part of the income or assets of the cor- Penalty for unauthorized manufacture, reproduction, poration shall inure to any officer or director or or sale of badges or emblems of veterans’ organizations, be distributable to any such person. Nothing in see section 705 of Title 18, Crimes and Criminal Proce- this section, however, shall be construed to pre- dure. vent the payment of compensation to the officers or employees of the corporation in amounts § 915. Principal office; territorial scope of activi- approved by the executive committee of the cor- ties; agent for service of process poration. (a) The principal office of the corporation (b) The corporation shall not make loans to its shall be located in Washington, District of Co- officers, directors, or employees. Any director lumbia, but the activities of the corporation who votes for or assents to the making of a loan shall not be confined to that place and may be to an officer, director, or employee of the cor- conducted throughout the various States, Terri- poration, and any officer who participates in the tories, and possessions of the United States. making of such loan, shall be jointly and sever- (b) The corporation shall at all times maintain ally liable to the corporation for the amount of in its headquarters in the District of Columbia such loan until the repayment thereof. § 919 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 146

(Pub. L. 85–903, § 8, Sept. 2, 1958, 72 Stat. 1740.) the laws of the District of Columbia applicable thereto. § 919. Nonpolitical nature of corporation (Pub. L. 85–903, § 15, Sept. 2, 1958, 72 Stat. 1741.) The corporation, and its officers and directors as such, shall not contribute to or otherwise § 926. Reservation of right to amend or repeal support or assist any political party or can- chapter didate for public office. The right to alter, amend, or repeal this chap- (Pub. L. 85–903, § 9, Sept. 2, 1958, 72 Stat. 1740.) ter is expressly reserved. § 920. Liability for acts of officers and agents (Pub. L. 85–903, § 16, Sept. 2, 1958, 72 Stat. 1741.) The corporation shall be liable for the acts of CHAPTER 38—BLUE STAR MOTHERS OF its officers and agents when acting within the AMERICA scope of their authority. Sec. (Pub. L. 85–903, § 10, Sept. 2, 1958, 72 Stat. 1740.) 941. Corporation created. 942. Completion of organization. § 921. Prohibition against issuance of stock or 943. Purposes of corporation. 944. Powers of corporation. payment of dividends 945. Membership. The corporation shall have no power to issue 946. Governing body; composition; meetings. 947. Officers. any shares of stock or to declare or pay any 948. Principal office; agent for service of process. dividends. 949. Distribution of income or assets to members; (Pub. L. 85–903, § 11, Sept. 2, 1958, 72 Stat. 1740.) loans. 950. Nonpolitical nature of corporation. § 922. Books and records; inspection 951. Liability for acts of officers and agents. 952. Prohibition against issuance of stock or pay- The corporation shall keep correct and com- ment of dividends. plete books and records of account and shall 953. Books and records; inspection. keep minutes of the proceedings of its members, 954. Repealed. 955. Annual report. board of directors, and committees having any 956. Exclusive right to name, emblems, seals, and authority under the board of directors; and it badges. shall also keep at its principal office a record of 957. Use of assets on dissolution or liquidation. the names and addresses of its members entitled 958. Reservation of right to amend or repeal chap- to vote. All books and records of the corporation ter. may be inspected by any member entitled to § 941. Corporation created vote, or his agent or attorney, for any proper purpose, at any reasonable time. The following named persons, to wit: Ann Clumfoot, Port Huron, Michigan; Audree (Pub. L. 85–903, § 12, Sept. 2, 1958, 72 Stat. 1740.) Jonechat, Covina, California; Nettie Ludwig, § 923. Repealed. Pub. L. 88–504, § 4(32), Aug. 30, Milwaukee, Wisconsin; Esther Beer, Mansfield, 1964, 78 Stat. 637 Ohio; Evelyn Lauritson, Cedar Falls, Iowa; Ethel Stevenson, Fresh Meadows, New York; Etta Section, Pub. L. 85–903, § 13, Sept. 2, 1958, 72 Stat. 1741, Drayton, Flint, Michigan; Evelyn Bednar, Mil- related to audit of financial transactions and report of waukee, Wisconsin; Edna Crorey, Grants Pass, such audit to Congress. See sections 1101 to 1103 of this Oregon; Erma Sweeney, Long Beach, California; title. Josephine Plant, Waterloo, Iowa; Dorothy § 924. Use of assets on dissolution or liquidation Christensen, Flint, Michigan; Mary Tracey, Brooklyn, New York; LaVina Shope, Lima, Ohio; Upon final dissolution or liquidation of the Olga Barnes, Roseburg, Oregon; Levia Jamison, corporation, and after discharge or satisfaction Jamestown, Pennsylvania; Jean Williams, Port of all outstanding obligations and liabilities, the Orchard, Washington; Ida Alford, Little Rock, remaining assets of the corporation may be dis- Arkansas; Edna May Standing, Orange City, tributed in accordance with the determination Florida; Charlotte Cobb, Chatham, Massachu- of the board of directors of the corporation and setts; Ann Sine Gale, Milwaukee, Wisconsin; in compliance with the constitution and bylaws Ann F. Fetting, Smiths Creek, Michigan; Irene of the corporation and all Federal and State Uhl, Rosemead, California; Hazel Rue Scott, Ar- laws applicable thereto. Nothing in this section lington, Virginia; Louise Meyerhoff, Queens Vil- shall be construed so as to permit any such as- lage, New York; Ivah Jones, Long Beach, Cali- sets being distributed to any officer or employee fornia; Florence Brown, Pontiac, Michigan; or inuring to the benefit of any private person. Erma Hoffman, Columbus, Ohio; Nellie (Pub. L. 85–903, § 14, Sept. 2, 1958, 72 Stat. 1741.) Leonhardt, Detroit, Michigan; and all past national presidents, and their successors, retiring § 925. Acquisition of assets and liabilities of exist- or leaving their office in good standing, are cre- ing corporation ated and declared to be a body corporate of the The corporation may acquire the assets of the District of Columbia, where its legal domicile Jewish War Veterans, U.S.A., National Memo- shall be, by the name of the Blue Star Mothers rial, Incorporated, a body corporate organized of America, Inc. (hereinafter referred to as the under the laws of the District of Columbia, upon corporation), and by such name shall be known discharging or satisfactorily providing for the and have perpetual succession and the powers, payment and discharge of all of the liabilities of limitations, and restrictions herein contained. such corporation and upon complying with all (Pub. L. 86–653, § 1, July 14, 1960, 74 Stat. 515.) Page 147 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 947

REFERENCES IN TEXT solutely or in trust for any of the purposes of Herein, referred to in text, means Pub. L. 86–653, July the corporation any property, real, personal, 14, 1960, 74 Stat. 515, as amended, which is classified or mixed, necessary or convenient for attain- generally to this chapter. For complete classification ing the objects and carrying into effect the of this Act to the Code, see Tables. purposes of the corporation, subject, however, CODIFICATION to applicable provisions of law of any State (A) governing the amount of or kind of prop- A provision of this section requiring the persons erty which may be held by, or (B) otherwise named in this section to file a copy of this chapter with limiting or controlling the ownership of prop- the Superintendent of Corporations of the District of Columbia within fifteen days after July 14, 1960, was erty by, a corporation operating in such State; omitted from the Code. (8) to transfer, convey, lease, sublease, mortgage, encumber and otherwise alienate real, SECTION REFERRED TO IN OTHER SECTIONS personal, or mixed property; and This section is referred to in section 942 of this title. (9) to borrow money for the purpose of the corporation, issue bonds therefor, and secure § 942. Completion of organization the same by mortgage, deed of trust, pledge, A majority of the persons named in section 941 or otherwise, subject in every case to all appli- of this title, acting in person or by written cable provisions of Federal and State laws; proxy, are authorized to complete the organiza- and tion of the corporation by the selection of offi- (10) to do any and all acts and things nec- cers and employees, the adoption of a constitu- essary and proper to carry out the objects and tion and bylaws not inconsistent with this chap- purposes of the corporation. ter, and the doing of such other acts as may be (Pub. L. 86–653, § 4, July 14, 1960, 74 Stat. 516.) necessary for such purpose. § 945. Membership (Pub. L. 86–653, § 2, July 14, 1960, 74 Stat. 515.) Eligibility: A mother, adopted mother, or § 943. Purposes of corporation stepmother (a stepmother eligible for membership in the Blue Star Mothers of America, Inc., The purposes of the corporation shall be: To can claim that eligibility only if she has given perpetuate the Blue Star Mothers of America, a mother’s care to the stepchild from the age of Inc., and the memory of all the men and women thirteen or under), living in the United States, who have served our country as members of the of a son or daughter serving in the Armed Armed Forces; the further object of this organi- Forces of the United States, or having a son or zation shall be patriotic, educational, social, daughter who has served, or has been honorably and for service; to maintain true allegiance to discharged from the Armed Forces of the United the Government of the United States; to educate States in World War II or the Korean hostilities. our members and others not to divulge military, The term ‘‘Armed Forces’’ shall include the naval, or other Government information; to as- United States Army; United States Navy; sist in veterans’ ceremonies, to attend patriotic United States Marines; United States Air Force; rallies and meetings; to foster true democracy; United States Coast Guard; National Guard; to care for the unsupported mothers who gave United States Army Reserves; United States their sons to the service of the Nation; to aid in Navy Reserves; United States Marine Reserves; bringing about recognition of the need of perma- United States Air Force Reserves; United States nent civilian defense for each community and to Coast Guard Reserves; United States Naval Mili- ever be alert against invasion of un-American tia; merchant marines; and the armed home activities; to uphold the American institutions guards who have served on active duty. of freedom, justice, and equal rights, and to defend the United States from all enemies. (Pub. L. 86–653, § 5, July 14, 1960, 74 Stat. 516.) (Pub. L. 86–653, § 3, July 14, 1960, 74 Stat. 515.) § 946. Governing body; composition; meetings § 944. Powers of corporation The supreme governing authority of the corporation shall be the national convention there- The corporation shall have power— of, composed of such officers and elected rep- (1) to have succession by its corporate name; resentatives from the several States and other (2) to sue and be sued, complain and defend local subdivisions of the corporate organization in any court of competent jurisdiction; as shall be provided by the constitution and by- (3) to adopt, use, and alter a corporate seal; laws: Provided, That the form of the government (4) to choose such officers, managers, agents, of the corporation shall always be representa- and employees as the activities of the corpora- tive of the membership at large and shall not tion may require; permit the concentration of control thereof in (5) to adopt, amend and alter a constitution the hands of a limited number of members or in and bylaws; not inconsistent with the laws of a self-perpetuating group not so representative. the United States or of any State in which the The meetings of the national convention may be corporation is to operate, for the management held in any State or Territory or in the District of its property and the regulation of its af- of Columbia. fairs; (6) to contract and be contracted with; (Pub. L. 86–653, § 6, July 14, 1960, 74 Stat. 516.) (7) to take by lease, gift, purchase, grant, de- § 947. Officers vise, or bequest from any public body or agency or any private corporation, association, The officers of the corporation shall be se- partnership, firm, or individual and to hold ab- lected in such manner and for such terms and § 948 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 148 with such duties and titles as may be prescribed § 950. Nonpolitical nature of corporation in the constitution and bylaws of the corporation. The corporation and its officers and agents as such shall not contribute to any political party (Pub. L. 86–653, § 7, July 14, 1960, 74 Stat. 517.) or candidate for public office. § 948. Principal office; agent for service of proc- (Pub. L. 86–653, § 10, July 14, 1960, 74 Stat. 517.) ess § 951. Liability for acts of officers and agents The principal office of the corporation shall be The corporation shall be liable for the acts of located in the District of Columbia and shall its officers and agents when acting within the have in the District of Columbia at all times a scope of their authority. designated agent authorized to accept service of process, notice, or demand for the corporation, (Pub. L. 86–653, § 11, July 14, 1960, 74 Stat. 517.) and service of such process, notice, or demand required or permitted by law to be served upon § 952. Prohibition against issuance of stock or the corporation may be served upon such agent. payment of dividends The corporation shall file with the Superintend- The corporation shall have no power to issue ent of Corporations of the District of Columbia any shares of stock or to declare or pay any a statement designating the initial and each dividends. successor registered agent of the corporation (Pub. L. 86–653, § 12, July 14, 1960, 74 Stat. 517.) and the initial and each successor registered office of the corporation immediately following § 953. Books and records; inspection any such designation. As used in this chapter the term ‘‘Superintendent of Corporations of the The corporation shall keep correct and com- District of Columbia’’ means the Mayor of the plete books and records of account and shall District of Columbia or any agent designated by keep minutes of the proceedings of its national him to perform the functions vested by this conventions and council of administration. All chapter in the Superintendent of Corporations. books and records of the corporation may be inspected by any member, or his agent or attor- (Pub. L. 86–653, § 8, July 14, 1960, 74 Stat. 517; 1967 ney, for any proper purpose, at any reasonable Reorg. Plan No. 3, § 401, eff. Aug. 11, 1967, 32 F.R. time. 11669, 81 Stat. 951; Pub. L. 93–198, title IV, § 421, Dec. 24, 1973, 87 Stat. 789.) (Pub. L. 86–653, § 13, July 14, 1960, 74 Stat. 518.)

TRANSFER OF FUNCTIONS § 954. Repealed. Pub. L. 88–504, § 4(33), Aug. 30, 1964, 78 Stat. 637 Except as otherwise provided in Reorg. Plan No. 3 of 1967, eff. Aug. 11, 1967 (in part), 32 F.R. 11669, 81 Stat. Section, Pub. L. 86–653, § 14, July 14, 1960, 74 Stat. 518, 948, all functions of the Board of Commissioners of the related to audit of financial transactions and report of District of Columbia were transferred to the Commis- such audit to Congress. See sections 1101 to 1103 of this sioner of the District of Columbia by section 401 of title. Reorg. Plan No. 3 of 1967. The office of Commissioner of the District of Columbia, as established by Reorg. Plan § 955. Annual report No. 3 of 1967, was abolished as of noon Jan. 2, 1975, by Pub. L. 93–198, title VII, § 711, Dec. 24, 1973, 87 Stat. 818, On or before March 1 of each year the corpora- and replaced by the office of Mayor of the District of tion shall report to the Congress on its activi- Columbia by section 421 of Pub. L. 93–198, classified to ties during the preceding fiscal year. Such re- section 1–241 of the District of Columbia Code. Accord- port may consist of a report on the proceedings ingly, ‘‘Mayor’’ was substituted for ‘‘commissioners’’ of the national convention covering such fiscal and ‘‘him’’ for ‘‘them’’. year. Such report shall not be printed as a pub- § 949. Distribution of income or assets to mem- lic document. bers; loans (Pub. L. 86–653, § 15, July 14, 1960, 74 Stat. 518.) (a) No part of the income or assets of the cor- § 956. Exclusive right to name, emblems, seals, poration shall inure to any of its members or of- and badges ficers as such, or be distributable to any of them during the life of the corporation or upon its dis- The corporation and its subordinate divisions solution or final liquidation. Nothing in this shall have the sole and exclusive right to use the subsection, however, shall be construed to pre- name, ‘‘Blue Star Mothers of America, Inc.’’, vent the payment of compensation to officers of and no other organization shall use the name the corporation or reimbursement for actual ‘‘Blue Star Mothers of America, Inc.’’. The cor- necessary expenses in amounts approved by the poration shall have the exclusive and sole right council of administration of the corporation. to use, or to allow or refuse the use of, such em- (b) The corporation shall not make loans to its blems, seals, and badges as have heretofore been officers or employees. Any member of the coun- used by the Blue Star Mothers of America. cil of administration who votes for or assents to (Pub. L. 86–653, § 16, July 14, 1960, 74 Stat. 518.) the making of a loan or advance to any officer or employee of the corporation, and any officer § 957. Use of assets on dissolution or liquidation who participates in the making of such loan or Upon dissolution or final liquidation of the advance, shall be jointly and severally liable to corporation, after discharge or satisfaction of the corporation for the amount of such loan all outstanding obligations and liabilities, the until the repayment thereof. remaining assets, if any, of the corporation shall (Pub. L. 86–653, § 9, July 14, 1960, 74 Stat. 517.) be distributed in accordance with the deter- Page 149 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 971 mination of the national executive board and in Fehsenfeld, Troy, Missouri; Willard M. Fifield, compliance with the constitution and bylaws of Gainesville, Florida; Charles Figy, Washington, the corporation and all Federal and State laws District of Columbia; Nolen J. Fuqua, Duncan, applicable thereto. Oklahoma; Paul Gray, Washington, District of Columbia; F. V. Heinkel, Columbia, Missouri; (Pub. L. 86–653, § 17, July 14, 1960, 74 Stat. 518.) Roy F. Hendrickson, Washington, District of Co- § 958. Reservation of right to amend or repeal lumbia; W. L. Henning, Harrisburg, Pennsyl- chapter vania; Icie D. Hiatt, Bethany, Missouri; Merritt D. Hill, Birmingham, Michigan; William S. Hill, The right to alter, amend, or repeal this chap- Fort Collins, Colorado; Harold Hogue, Dalhart, ter is expressly reserved. Texas; Clifford R. Hope, Garden City, Kansas; (Pub. L. 86–653, § 18, July 14, 1960, 74 Stat. 518.) Chester C. Housh, Elkton, Virginia; Edgar Hovey, Badger, Iowa; Frank W. Hussey, Presque CHAPTER 39—AGRICULTURAL HALL OF Isle, Maine; James R. Isleib, Prairie Village, FAME Kansas; Lyman E. Jackson, University Park, Sec. Pennsylvania; Dorsey Kirk, Oblong, Illinois; Alf 971. Corporation created. M. Landon, Topeka, Kansas; J. D. Lawrence, Co- 972. Completion of organization. lumbia, South Carolina; L. G. Ligutti, Des 973. Purposes of corporation. Moines, Iowa; J. H. Longwell, Columbia, Mis- 974. Powers of corporation. souri; Charles Marshall, Lincoln, Nebraska; 975. Principal office; territorial scope of activi- James McGuire, Topeka, Kansas; Wheeler ties; agent for service of process. McMillen, Philadelphia, Pennsylvania; George 976. Membership; voting rights. 977. Governing body. S. McIntyre, Lansing, Michigan; Bob Miller, (a) Composition. Cincinnati, Ohio; E. W. Mueller, Chicago, Illi- (b) Tenure. nois; Carl F. Newman, Chicago, Illinois; Her- (c) Duties. schel D. Newsom, Washington, District of Co- 978. Officers. lumbia; E. M. Norton, Washington, District of 979. Distribution of income or assets to members; Columbia; James G. Patton, Denver, Colorado; loans. J. C. Penney, New York, New York; Clarence 980. Nonpolitical nature of corporation. Poe, Raleigh, North Carolina; J. Stuart Russell, 981. Liability for acts of officers and agents. 982. Prohibition against issuance of stock or pay- Des Moines, Iowa; Ruth Buxton Sayre, ment of dividends. Ackworth, Iowa; Paul F. Sharp, Berkeley, Cali- 983. Books and records; inspection. fornia; Frank M. Shay, San Jose, California; 984. Repealed. Charles B. Shuman, Chicago, Illinois; Virginia 985. Use of assets on dissolution or liquidation. Smith, Chappell, Nebraska; W. T. Spanton, 986. Duration of corporation. Washington, District of Columbia; J. K. Stern, 987. Acquisition of assets and liabilities of exist- Washington, District of Columbia; Paul Swaffar, ing corporation. Kansas City, Missouri; Ben Swigart, Mooreland, 988. Reservation of right to amend or repeal chapter. Oklahoma; Jesse W. Tapp, Los Angeles, Califor- nia; Ray Teagarden, La Cygne, Kansas; M. W. § 971. Corporation created Thatcher, St. Paul, Minnesota; R. B. Tootell, Washington, District of Columbia; Harry S. Tru- The following persons: K. S. Adams, Bartles- man, Independence, Missouri; Rod Turnbull, ville, Oklahoma; Evelyn H. Alden, Wellsville, Kansas City, Missouri; Herbert W. Voorhees, Kansas; Ray N. Ammon, Saint Joseph, Missouri; Trenton, New Jersey; Jerry Voorhis, Chicago, Il- Clinton P. Anderson, Albuquerque, New Mexico; linois; Orville F. Walker, Kalkaska, Michigan; Charles Baker, Walla Walla, Washington; L. Y. James Wall, Waverly, Nebraska; Henry A. Wal- Ballentine, Raleigh, North Carolina; Harry J. lace, South Salem, New York; Claude R. Beernink, Seattle, Washington; Charles Dana Wickard, Camden, Indiana; Oliver S. Willham, Bennett, Washington, District of Columbia; Ezra Stillwater, Oklahoma; D. A. Williams, St. Paul, Taft Benson, Washington, District of Columbia; Minnesota; Robert E. Wood, Chicago, Illinois; Charles F. Brannan, Denver, Colorado; D. W. Obed Wyum, Rutland, North Dakota; O. E. Brooks, Atlanta, Georgia; John T. Brown, Zacharias, Junior, Richmond, Virginia; and Racine, Wisconsin; John M. Budd, Saint Paul, their associates and successors, are hereby cre- Minnesota; George S. Bulkley, Los Angeles, ated and declared to be a body corporate by the California; Lee M. Burge, Reno, Nevada; Frank name of the Agricultural Hall of Fame (herein- Carlson, Concordia, Kansas; Edward D. Car- after referred to as the ‘‘corporation’’) and by penter, Cassville, Wisconsin; Richard O. Com- such name shall be known and have perpetual fort, New York, New York; Harold D. Cooley, succession and the powers, limitations and re- Nashville, North Carolina; Howard A. Cowden, strictions herein contained. Kansas City, Missouri; Lester Cox, Springfield, Missouri; Harry Darby, Kansas City, Kansas; A. (Pub. L. 86–680, § 1, Aug. 31, 1960, 74 Stat. 572.) F. Davis, Cleveland, Ohio; Chester Davis, San REFERENCES IN TEXT Marino, California; Clark W. Davis, Wilmington, Delaware; Gladys L. Dawes, Colby, Kansas; D. Herein, referred to in text, means Pub. L. 86–680, Aug. Howard Doane, McCredie, Missouri; Cyrus 31, 1960, 74 Stat. 572, as amended, which is classified generally to this chapter. For complete classification Eaton, Cleveland, Ohio; Clyde T. Ellis, Washing- of this Act to the Code, see Tables. ton, District of Columbia; Victor Emanuel, New York, New York; Sterling Evans, Houston, SECTION REFERRED TO IN OTHER SECTIONS Texas; E. H. Fallon, Ithaca, New York; James C. This section is referred to in sections 972, 977 of this Farmer, Keene, New Hampshire; John D. title. § 972 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 150

§ 972. Completion of organization (3) to adopt, use, and alter a corporate seal; (4) to choose such officers, managers, agents, A majority of the persons named in section 971 and employees as the business of the corpora- of this title are authorized to complete the orga- tion may require; nization of the corporation by the selection of (5) to adopt, amend, and alter bylaws, not in- officers and employees, the adoption of bylaws, consistent with the laws of the United States not inconsistent with this chapter, and the or any State in which the corporation is to op- doing of such other acts as may be necessary for erate, for the management of its property and such purpose. the regulation of its affairs; (Pub. L. 86–680, § 2, Aug. 31, 1960, 74 Stat. 573.) (6) to contract and be contracted with; (7) to take by lease, gift, purchase, grant, de- § 973. Purposes of corporation vise, or bequest from any private corporation, The purposes of the corporation shall be: association, partnership, firm, or individual (A) To receive and maintain a fund or funds, and to hold any property, real, personal, or and to use and apply the whole or any part of mixed, necessary or convenient for attaining the income therefrom, and the principal thereof, the objects and carrying into effect the pur- exclusively for charitable, scientific, literary, or poses of the corporation, subject, however, to educational purposes either directly or by con- applicable provisions of law of any State (A) tributions to organizations duly authorized to governing the amount or kind of property carry on similar activities: Provided, however, which may be held by, or (B) otherwise limit- That no part of such income or principal shall ing or controlling the ownership of property be contributed to any organization whose net by, a corporation operating in such State; earnings or any part thereof inure to the benefit (8) to transfer, convey, lease, sublease, en- of any private shareholder or individual, or any cumber and otherwise alienate real, personal substantial part of the activities of which is car- or mixed property; and rying on propaganda, or otherwise attempting to (9) to borrow money for the purposes of the influence legislation. The detailed purposes corporation, issue bonds therefor, and secure hereinafter set forth shall at all times be subject the same by mortgage, deed of trust, pledge or to and in furtherance of the provisions con- otherwise, subject in every case to all applica- tained in this paragraph. ble provisions of Federal and State laws. (B) To honor farmers, farm women, farm lead- (Pub. L. 86–680, § 4, Aug. 31, 1960, 74 Stat. 574.) ers, teachers, scientists, inventors, governmental leaders and other individuals who have § 975. Principal office; territorial scope of activi- helped make this Nation great by their out- ties; agent for service of process standing contributions to the establishment, development, advancement or improvement of ag- (a) The principal office of the corporation riculture in the United States of America. shall be located in Kansas City, Kansas, or in (C) To perpetuate the memory of such persons such other place as may be later determined by and record their contributions and achievements the board of governors, but the activities of the by the erection and maintenance of such build- corporation shall not be confined to that place, ings, monuments, and edifices as may be deemed but may be conducted throughout the various appropriate as a lasting memorial. States, Territories and possessions of the United (D) To foster, promote, and encourage a great- States. er sense of appreciation of the dignity and im- (b) The corporation shall have in the District portance of agriculture, historically carried out of Columbia at all times a designated agent au- through owner-operated farms, and the part it thorized to accept service of process for the cor- has played in developing those social, economic, poration; and notice to or service upon such and spiritual values which are essential in main- agent shall be deemed notice to or service upon taining the free and democratic institutions of the corporation. our Republic. (Pub. L. 86–680, § 5, Aug. 31, 1960, 74 Stat. 574.) (E) To establish and maintain a library and museum for the collection and preservation for § 976. Membership; voting rights posterity of agricultural tools, implements, ma- (a) Eligibility for membership in the corpora- chines, vehicles, pictures, paintings, books, pation and the rights, privileges and designation of pers, documents, data, relics, mementos, arti- classes of members shall, except as provided in facts, and other items and things relating to ag- this chapter, be determined as the bylaws of the riculture. corporation may provide. (F) To cooperate with other organizations (b) Each member of the corporation given vot- which are interested in similar projects. ing rights by the bylaws shall have the right to (G) To engage in any and all activities inci- one vote on each matter submitted to a vote at dental thereto or necessary, suitable, or proper all meetings of the voting members of the cor- for the accomplishment of any of the aforemen- poration, which vote may be cast in such man- tioned purposes. ner as the bylaws may prescribe. (Pub. L. 86–680, § 3, Aug. 31, 1960, 74 Stat. 573.) (Pub. L. 86–680, § 6, Aug. 31, 1960, 74 Stat. 575.) § 974. Powers of corporation § 977. Governing body The corporation shall have power— (1) to have succession by its corporate name; (a) Composition (2) to sue and be sued, complain and defend Upon the enactment of this chapter the mem- in any court of competent jurisdiction; bership of the initial board of governors of the Page 151 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 988 corporation shall consist of the persons named § 981. Liability for acts of officers and agents in section 971 of this title, their survivors and such additional persons, if any, as shall be The corporation shall be liable for the acts of named by them. its officers and agents when acting within the scope of their authority. (b) Tenure (Pub. L. 86–680, § 11, Aug. 31, 1960, 74 Stat. 576.) Thereafter, the board of governors of the corporation shall consist of such number (not less § 982. Prohibition against issuance of stock or than fifteen), shall be selected in such manner payment of dividends (including the filling of vacancies), and shall serve for such term as may be provided in the The corporation shall have no power to issue bylaws of the corporation. any shares of stock or to declare or pay any dividends. (c) Duties The board of governors shall be the governing (Pub. L. 86–680, § 12, Aug. 31, 1960, 74 Stat. 576.) body of the corporation and, during the inter- § 983. Books and records; inspection vals between the meetings of members, shall be responsible for the general policies and program The corporation shall keep correct and com- of the corporation and for the control of all plete books and records of account and shall funds of the corporation. The board of governors keep minutes of the proceedings of its members, may appoint committees which shall have and board of governors, and committees having any exercise such powers as may be prescribed in the of the authority of the board of governors; and bylaws or by resolution of the board of gov- it shall also keep at its principal office a record ernors, and which may be all of the powers of of the names and addresses of its members enti- the board of governors. tled to vote. All books and records of the corporation may be inspected by any member enti- (Pub. L. 86–680, § 7, Aug. 31, 1960, 74 Stat. 575.) tled to vote, or his agent or attorney, for any § 978. Officers proper purpose, at any reasonable time. (a) The officers of the corporation shall be a (Pub. L. 86–680, § 13, Aug. 31, 1960, 74 Stat. 576.) president, one or more vice presidents (as may § 984. Repealed. Pub. L. 88–504, § 4(34), Aug. 30, be prescribed in the bylaws of the corporation), 1964, 78 Stat. 637 a secretary, a treasurer, one or more assistant secretaries and assistant treasurers, and such Section, Pub. L. 86–680, § 14, Aug. 31, 1960, 74 Stat. 576, other officers as may be provided in the bylaws. related to audit of financial transactions and report of (b) The officers of the corporation shall be such audit to Congress. See sections 1101 to 1103 of this title. elected in such manner and for such terms and with such duties as may be prescribed in the by- § 985. Use of assets on dissolution or liquidation laws of the corporation. Upon dissolution or final liquidation of the (Pub. L. 86–680, § 8, Aug. 31, 1960, 74 Stat. 575.) corporation, after discharge or satisfaction of § 979. Distribution of income or assets to mem- all outstanding obligations and liabilities, the bers; loans remaining assets, if any, of the corporation shall be distributed in accordance with the deter- (a) No part of the income or assets of the cor- mination of the board of governors of the corporation shall inure to any of its members, gov- poration and in compliance with the charter and ernors, or officers as such, or be distributable to bylaws of the corporation and all Federal and any of them during the life of the corporation or State laws applicable thereto. upon its dissolution or final liquidation. Noth- (Pub. L. 86–680, § 15, Aug. 31, 1960, 74 Stat. 577.) ing in this subsection, however, shall be construed to prevent the payment of compensation § 986. Duration of corporation to officers and employees of the corporation in amounts approved by the board of governors of The duration of the corporation shall be per- the corporation. petual. (b) The corporation shall not make loans to its (Pub. L. 86–680, § 16, Aug. 31, 1960, 74 Stat. 577.) members, governors, officers, or employees. Any governor who votes for or assents to the making § 987. Acquisition of assets and liabilities of exist- of a loan or advance to a member, officer, gov- ing corporation ernor or employee of the corporation, and any The corporation may acquire the assets of the officer who participates in the making of such a Agricultural Hall of Fame, a general not-for- loan or advance, shall be jointly and severally profit corporation organized under the laws of liable to the corporation for the amount of such the State of Missouri, upon discharging or satis- loan until the repayment thereof. factorily providing for the payment and dis- (Pub. L. 86–680, § 9, Aug. 31, 1960, 74 Stat. 575.) charge of all of the liabilities of such corporation. § 980. Nonpolitical nature of corporation (Pub. L. 86–680, § 17, Aug. 31, 1960, 74 Stat. 577.) The corporation and its members, governors, officers, and employees as such shall not con- § 988. Reservation of right to amend or repeal tribute to or otherwise support or assist any po- chapter litical party or candidate for public office. The right to alter, amend, or repeal this chap- (Pub. L. 86–680, § 10, Aug. 31, 1960, 74 Stat. 576.) ter is expressly reserved. § 1001 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 152

(Pub. L. 86–680, § 18, Aug. 31, 1960, 74 Stat. 577.) sors, are created and declared to be a body corporate of the District of Columbia, where its CHAPTER 40—NATIONAL WOMAN’S RELIEF legal domicile shall be, by the name of the Na- CORPS, AUXILIARY TO THE GRAND ARMY tional Woman’s Relief Corps, Auxiliary to the OF THE REPUBLIC Grand Army of the Republic (hereafter referred Sec. to as the corporation), and by such name shall 1001. Corporation created. be known and have perpetual succession and the 1002. Completion of organization. powers, limitations and restrictions herein con- 1003. Purposes of corporation. tained. 1004. Powers of corporation. 1005. Membership. (Pub. L. 87–650, § 1, Sept. 7, 1962, 76 Stat. 502.) 1006. Governing body. REFERENCES IN TEXT 1007. Governing board. (a) Executive officers. Herein, referred to in text, means Pub. L. 87–650, (b) Initial officers. Sept. 7, 1962, 76 Stat. 502, as amended, which is classi- (c) Council of administration. fied generally to this chapter. For complete classifica- 1008. Officers. tion of this Act to the Code, see Tables. 1009. Principal office; territorial scope of activities; agent for service of process. CODIFICATION 1010. Distribution of income or assets to members; A provision of this section requiring the persons loans. named in this section to file a copy of this chapter with 1011. Nonpolitical nature of corporation. the Superintendent of Corporations of the District of 1012. Liability for acts of officers and agents. Columbia within fifteen days after Sept. 7, 1962, has 1013. Prohibition against issuance of stock or pay- been omitted from the Code. ment of dividends. 1014. Books and records; inspection. SECTION REFERRED TO IN OTHER SECTIONS 1015. Repealed. This section is referred to in section 1002 of this title. 1016. Annual report. 1017. Exclusive right to name, emblems, seals, and § 1002. Completion of organization badges. 1018. Acquisition of assets and liabilities of exist- A majority of the persons named in section ing corporation. 1001 of this title, acting in person or by written 1019. Use of assets on dissolution or liquidation. proxy, are authorized to complete the organiza- 1020. Reservation of right to amend or repeal chap- tion of the corporation by the selection of offi- ter. cers, the adoption of a constitution and bylaws § 1001. Corporation created not inconsistent with this chapter, and the doing of such other acts as may be necessary for The following persons, to wit: such purpose. President: Mabel R. Ginder, Toledo, Ohio; (Pub. L. 87–650, § 2, Sept. 7, 1962, 76 Stat. 503.) Senior vice president: Jessie Johnston, Chey- enne, Wyoming; § 1003. Purposes of corporation Junior vice president: Irene Randolph, Min- neapolis, Minnesota; The purposes of the corporation shall be: To Secretary: Bessie K. Coughlin, Providence, perpetuate the memory of the Grand Army of Rhode Island; the Republic, as we the National Woman’s Relief Treasurer: Ocie M. Tumey, Springfield, Illi- Corps are their auxiliary and were organized at nois, executive officers; their request in 1883, and of men who saved the Legislative committee: Laura I. Smith, chair- Union in 1861 to 1865; to assist in every prac- man, 16 Temple Street, Providence, Rhode Is- ticable way in the preservation and making land; Ethel Ferris Hasenbuhler, Washington, available for research of documents and records District of Columbia; and Marie Morgan, Indian- pertaining to the Grand Army of the Republic apolis, Indiana; and its members; to cooperate in doing honor to Past national presidents: Cora M. Davis, all those who have patriotically served our Nehalem, Oregon; Catherine McBride Hoster, In- country in any war; to teach patriotism and the dianapolis, Indiana; Annie Poole Atwood, duties of citizenship, the true history of our Wollaston, Massachusetts; Beatrice J. Tyson, country, and the love and honor of our flag; to DeBary, Florida; Lizetta Coady, Detroit, Michi- oppose every tendency or movement that would gan; Mary J. Love, Louisville, Kentucky; Ida weaken loyalty to, or make for the destruction Heacock Baker, Parsons, Kansas; Elizabeth L. or impairment of, our constitutional Union; and Kothe, Parkersburg, Iowa; Grace Houlette Hahn, to inculcate and broadly sustain the American Miami, Florida; Louise Haider, Santa Barbara, principles of representative government, of California; Anne Anschutz, Saint Louis, Mis- equal rights, and of impartial justice for all. souri; Laura I. Smith, Providence, Rhode Island; (Pub. L. 87–650, § 3, Sept. 7, 1962, 76 Stat. 503.) Alice F. Larson, Minot, North Dakota; Grayce L. Vedetta, Brooklyn, New York; Harriette G. § 1004. Powers of corporation McCollough, Des Moines, Iowa; Eula M. Nelson, The corporation shall have power— Springfield, Illinois; Daisy Heinemann, Milwau- (1) to have succession by its corporate name; kee, Wisconsin; Grace L. Johnson, Toledo, Ohio; (2) to sue and be sued, complain and defend Ruth E. Johnson, Bellflower, California; Lucille in any court of competent jurisdiction; V. Rand, Worcester, Massachusetts; Gertrude M. (3) to adopt, use, and alter a corporate seal; Edwards, Iroquois, South Dakota; Bessie K. (4) to choose such officers, as the corpora- Coughlin, Providence, Rhode Island; Elizabeth tion may require; Jeans, Saint Louis, Missouri; and Josephine E. (5) to adopt, amend, and alter a constitution Parkhurst, Pulaski, New York, and their succes- and bylaws; not inconsistent with the laws of Page 153 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 1009

the United States or any State in which the corporation described in section 1018 of this corporation is to operate, for the management title, or such of them as may then be living and of its property and the regulation of its af- are qualified members of said executive officers, fairs; to wit: Mabel R. Ginder, Jessie Johnston, Irene (6) to contract and be contracted with; Randolph, Bessie K. Coughlin, Ocie M. Tumey, (7) to take by lease, gift, purchase, grants, Mary J. Love, Laura I. Smith, Ethel Ferris devise, or bequest from any public body or Hasenbuhler, and Marie Morgan. agency or any private corporation, associa- (c) Council of administration tion, partnership, firm, or individual and to hold absolutely or in trust for any of the pur- Thereafter, the council of administration of poses of the corporation any property, real, the corporation shall consist of not less than personal, or mixed, necessary or convenient seven members elected in the manner and for for attaining the objects and carrying into ef- the term as may be prescribed in the constitu- fect the purposes of the corporation, subject, tion and bylaws of the corporation. however, to applicable provisions of law of any (Pub. L. 87–650, § 7, Sept. 7, 1962, 76 Stat. 504.) State, (A) governing the amount or kind of property which may be held by, or (B) other- REFERENCES IN TEXT wise limiting or controlling the ownership of Upon the enactment of this chapter, referred to in property by, a corporation operating in such subsec. (b), means the enactment of Pub. L. 87–650, State; and which was enacted Sept. 7, 1962. (8) to transfer, convey, lease, sublease, en- § 1008. Officers cumber, and otherwise alienate real, personal, or mixed property. The officers of the corporation shall be a national president, senior vice national president, (Pub. L. 87–650, § 4, Sept. 7, 1962, 76 Stat. 503.) junior vice national president, secretary and § 1005. Membership treasurer (which latter two offices may be held by one person), and such other officers as may Eligibility for membership in the corporation be prescribed in the constitution and bylaws. and the rights, privileges, and designation of The officers of the corporation shall be elected classes of members shall, except as provided in in such manner and for such terms and with this chapter, be determined as the constitution such duties and titles as may be prescribed in and bylaws of the corporation may provide. Eli- the constitution and bylaws of the corporation. gibility for membership in the corporation shall be women, who are the wives, mothers, daugh- (Pub. L. 87–650, § 8, Sept. 7, 1962, 76 Stat. 504.) ters, and sisters of Union soldiers, sailors, and marines and other loyal women, who have not § 1009. Principal office; territorial scope of activi- given aid or comfort to the enemies of the ties; agent for service of process United States of America. (a) The principal office of the corporation (Pub. L. 87–650, § 5, Sept. 7, 1962, 76 Stat. 503.) shall be located in Springfield, Illinois, but the activities of the corporation shall not be con- § 1006. Governing body fined to that place, but may be conducted throughout the various States, and the District The supreme governing authority of the cor- of Columbia, of the United States. poration shall be the national convention there- (b) The corporation shall have in the District of, composed of such officers and elected rep- of Columbia at all times a designated agent au- resentatives from the several States as shall be thorized to accept service of process, notice, or provided by the rules and regulations: Provided, demand for the corporation, and service of such That the form of the government of the corpora- process, notice or demand required or permitted tion shall always be representative of the mem- by law to be served upon the corporation may be bership at large and shall not permit the con- served upon such agent. The corporation shall centration of the control thereof in the hands of file with the Superintendent of Corporations of a limited number of members or in a self-perpet- the District of Columbia a statement designat- uating group not so representative. The meeting the initial and each successor registered ings of the national convention may be held in agent of the corporation immediately following any State or in the District of Columbia. any such designation. As used in this chapter (Pub. L. 87–650, § 6, Sept. 7, 1962, 76 Stat. 504.) the term ‘‘Superintendent of Corporations of the District of Columbia’’ means the Mayor of the § 1007. Governing board District of Columbia or any agent designated by (a) Executive officers him to perform the functions vested by this During the intervals between the national chapter in the Superintendent of Corporations. convention the executive officers shall be the (Pub. L. 87–650, § 9, Sept. 7, 1962, 76 Stat. 504; 1967 governing board of the corporation and shall be Reorg. Plan No. 3, § 401, eff. Aug. 11, 1967, 32 F.R. held responsible for the general policies, pro- 11669, 81 Stat. 951; Pub. L. 93–198, title IV, § 421, gram, and activities of the corporation. Dec. 24, 1973, 87 Stat. 789.) (b) Initial officers TRANSFER OF FUNCTIONS Upon the enactment of this chapter the mem- Except as otherwise provided in Reorg. Plan No. 3 of bership of the initial executive officers of the 1967, eff. Aug. 11, 1967 (in part), 32 F.R. 11669, 81 Stat. corporation shall consist of the executive offi- 948, all functions of the Board of Commissioners of the cers of the National Woman’s Relief Corps, Aux- District of Columbia were transferred to the Commis- iliary to the Grand Army of the Republic, the sioner of the District of Columbia by section 401 of § 1010 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 154

Reorg. Plan No. 3 of 1967. The office of Commissioner of such audit to Congress. See sections 1101 to 1103 of this the District of Columbia, as established by Reorg. Plan title. No. 3 of 1967, was abolished as of noon Jan. 2, 1975, by Pub. L. 93–198, title VII, § 711, Dec. 24, 1973, 87 Stat. 818, § 1016. Annual report and replaced by the office of Mayor of the District of Columbia by section 421 of Pub. L. 93–198, classified to Not later than six months following the close section 1–241 of the District of Columbia Code. Accord- of the fiscal year the corporation shall report to ingly, ‘‘Mayor’’ was substituted for ‘‘commissioners’’ the Congress on its activities during the preced- and ‘‘him’’ for ‘‘them’’. ing fiscal year. Such report may consist of a report on the proceedings of the national conven- § 1010. Distribution of income or assets to mem- tion covering such fiscal year. Such report shall bers; loans not be printed as a public document. (a) No part of the income or assets of the cor- (Pub. L. 87–650, § 16, Sept. 7, 1962, 76 Stat. 505.) poration shall inure to any of its members or officers as such, or be distributable to any of § 1017. Exclusive right to name, emblems, seals, them, during the life of the corporation or upon and badges its dissolution or final liquidation. Nothing in The corporation and its subordinate corps this subsection, however, shall be construed to shall have the sole and exclusive right to use the prevent the payment of reasonable compensa- name, the National Woman’s Relief Corps, Aux- tion to officers of the corporation or reimburse- iliary to the Grand Army of the Republic. The ment for actual necessary expenses in amounts corporation shall have the exclusive and sole approved by the council of administration of the right to use, or to allow or refuse the use of, corporation. such emblems, seals, and badges as have here- (b) The corporation shall not make loans to tofore been used by the Illinois corporation de- the officers. Any member of the council of ad- scribed in section 1018 of this title and the right ministration, who votes for or assents to the to which may be lawfully transferred to the cor- making of a loan or advance to an officer or poration. member of the corporation, and any officer who participates in the making of such a loan or ad- (Pub. L. 87–650, § 17, Sept. 7, 1962, 76 Stat. 505.) vance, shall be jointly and severally liable to § 1018. Acquisition of assets and liabilities of ex- the corporation for the amount of such loan isting corporation until the repayment thereof. (Pub. L. 87–650, § 10, Sept. 7, 1962, 76 Stat. 504.) The corporation may acquire the assets of the National Woman’s Relief Corps, Auxiliary to the § 1011. Nonpolitical nature of corporation Grand Army of the Republic, a corporation organized under the laws of the State of Illinois, The corporation and its officers and agents as upon discharging or satisfactorily providing for such shall not contribute to or otherwise sup- the payment and discharge of all the liability of port or assist any political party or candidate such corporation and upon complying with all for public office. laws of the State of Illinois applicable thereto. (Pub. L. 87–650, § 11, Sept. 7, 1962, 76 Stat. 505.) (Pub. L. 87–650, § 18, Sept. 7, 1962, 76 Stat. 506.)

§ 1012. Liability for acts of officers and agents SECTION REFERRED TO IN OTHER SECTIONS The corporation shall be liable for the acts of This section is referred to in sections 1007, 1017 of this its officers and agents when acting within the title. scope of their authority. § 1019. Use of assets on dissolution or liquidation (Pub. L. 87–650, § 12, Sept. 7, 1962, 76 Stat. 505.) Upon any dissolution or final liquidation of § 1013. Prohibition against issuance of stock or the corporation, its assets shall be applied and payment of dividends distributed as follows: (a) All liabilities and obligations of the cor- The corporation shall have no power to issue poration shall be paid, satisfied, and discharged, any shares of stock or to declare or pay any or adequate provision shall be made therefor; dividends. (b) Assets held by the corporation upon condi- (Pub. L. 87–650, § 13, Sept. 7, 1962, 76 Stat. 505.) tion requiring return, transfer or conveyance, which condition occurs by reason of the dissolu- § 1014. Books and records; inspection tion, shall be returned, transferred or conveyed The corporation shall keep correct and com- in accordance with such requirements; plete books and records of account and shall (c) Assets received and held by the corporation keep minutes of the proceedings of its national subject to limitations permitting their use only convention. All books and records of the cor- for charitable, religious, eleemosynary, benevo- poration may be inspected by any member, or lent, educational, or similar purposes, but not his agent or attorney, for any proper purpose at held upon a condition requiring return, transfer any reasonable time. or conveyance by reason of the dissolution, shall be transferred or conveyed to one or more do- (Pub. L. 87–650, § 14, Sept. 7, 1962, 76 Stat. 505.) mestic or foreign corporations, societies, or organizations engaged in activities of a charitable, § 1015. Repealed. Pub. L. 88–504, § 4(35), Aug. 30, religious, eleemosynary, benevolent, edu- 1964, 78 Stat. 638 cational, or similar purpose, pursuant to a plan Section, Pub. L. 87–650, § 15, Sept. 7, 1962, 76 Stat. 505, of distribution adopted as provided in this chap- related to audit of financial transactions and report of ter. Page 155 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 1044

(d) Other assets, if any, shall be distributed in fied generally to this chapter. For complete classifica- accordance with the provisions of the articles of tion of this Act to the Code, see Tables. incorporation or the bylaws to the extent that SECTION REFERRED TO IN OTHER SECTIONS the articles of incorporation or bylaws deter- This section is referred to in section 1043 of this title. mine the distributive rights of members, or any class or classes of members, or provide for dis- § 1042. Objects and purposes of corporation tribution to others; (e) Any remaining assets may be distributed The objects and the purposes of the corpora- to such persons, societies, organizations or do- tion shall be, through organization and coopera- mestic or foreign corporations engaged in activi- tion with the Department of the Navy, to en- ties not for profit, as may be specified in a plan courage and aid American young people to de- of distribution adopted by the council of admin- velop an interest and skill in basic seamanship istration of the corporation in compliance with and in its naval adaptations, to train them in the constitution and bylaws of the corporation seagoing skills and to teach them patriotism, and all Federal, State, and District of Columbia courage, self-reliance, and kindred virtues. laws applicable thereto. (Pub. L. 87–655, § 2, Sept. 10, 1962, 76 Stat. 531; (Pub. L. 87–650, § 19, Sept. 7, 1962, 76 Stat. 506.) Pub. L. 93–504, Nov. 29, 1974, 88 Stat. 1575.) AMENDMENTS § 1020. Reservation of right to amend or repeal chapter 1974—Pub. L. 93–504 substituted ‘‘young people’’ for ‘‘boys’’. The right to alter, amend, or repeal this chapter is expressly reserved. § 1043. Completion of organization (Pub. L. 87–650, § 20, Sept. 7, 1962, 76 Stat. 506.) The persons named in section 1041 of this title, their associates and successors are hereby au- CHAPTER 41—NAVAL SEA CADET CORPS thorized to complete the organization of the corporation by the selection of officers, the adop- Sec. 1041. Corporation created. tion of a constitution and bylaws, the promulga- 1042. Objects and purposes of corporation. tion of rules or regulations that may be nec- 1043. Completion of organization. essary for the accomplishment of the purposes 1044. Powers of corporation. of this corporation, and the doing of such other 1045. Principal office; territorial scope of activi- acts as may be necessary for such purposes. ties; agent for service of process. 1046. Membership. (Pub. L. 87–655, § 3, Sept. 10, 1962, 76 Stat. 531.) 1047. Governing body. (a) Composition. § 1044. Powers of corporation (b) Tenure. The corporation shall have power— (c) Duties. (1) to have succession by its corporate name; 1048. Officers. 1049. Distribution of income or assets to members; (2) to sue and be sued, complain and defend loans. in any court of competent jurisdiction; 1050. Nonpolitical nature of corporation. (3) to adopt, use, and alter a corporate seal; 1051. Liability for acts of officers and agents. (4) to choose such officers, managers, agents, 1052. Prohibition against issuance of stock or pay- and employees as the business of the corpora- ment of dividends. tion may require; 1053. Books and records; inspection. (5) to adopt, amend, and alter a constitution 1054. Repealed. and bylaws, not inconsistent with the laws of 1055. Use of assets on dissolution or liquidation. 1056. Exclusive right to name, emblems, seals, and the United States or any State in which the badges. corporation is to operate, for the management 1057. Acquisition of assets and liabilities of exist- of its property and the regulation of its af- ing corporation. fairs; 1058. Annual report. (6) to contract and be contracted with; 1059. Reservation of right to amend or repeal chap- (7) to take by lease, gift, purchase, grant, deter. vise, or bequest from any private corporation, § 1041. Corporation created association, partnership, firm or individual and to hold any property, real, personal or The following named persons: John J. Bergen, mixed, necessary or convenient for attaining William J. Catlett, Junior, Morgan Fitch, the objects and carrying into effect the pur- George Halas, John S. Leahy, Junior, and J. poses of the corporation, subject, however, to Paul Marshall; members of the Navy League Na- applicable provisions of law of any State (A) tional Sea Cadet Committee and their associates governing the amount or kind of property and successors, are created and declared to be a which may be held by or (B) otherwise limit- body corporate by the name of the Naval Sea ing or controlling the ownership of property Cadet Corps (hereinafter referred to as the ‘‘cor- by, a corporation operating in such State; poration’’) and by such name shall be known and (8) to transfer, convey, lease, sublease, en- have perpetual succession and the powers, limi- cumber and otherwise alienate real, personal, tations, and restrictions herein contained. or mixed property; and (Pub. L. 87–655, § 1, Sept. 10, 1962, 76 Stat. 530.) (9) to borrow money for the purposes of the corporation, issue bonds therefor, and secure REFERENCES IN TEXT the same by mortgage, deed of trust, pledge or Herein, referred to in text, means Pub. L. 87–655, otherwise, subject in every case to all applica- Sept. 10, 1962, 76 Stat. 530, as amended, which is classi- ble provisions of Federal and State laws. § 1045 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 156

(Pub. L. 87–655, § 4, Sept. 10, 1962, 76 Stat. 531.) the corporation), a secretary, and a treasurer, and such other officers as may be provided in § 1045. Principal office; territorial scope of activi- the constitution and bylaws. ties; agent for service of process (b) The officers of the corporation shall be (a) The principal office of the corporation elected in such manner and for such terms and shall be located in Tacoma, Washington, or in with such duties as may be prescribed in the such other place as may be later determined by constitution and bylaws of the corporation. the board of directors, but the activities of the (Pub. L. 87–655, § 8, Sept. 10, 1962, 76 Stat. 532.) corporation shall not be confined to that place, but may be conducted throughout the various § 1049. Distribution of income or assets to mem- States, territories, and possessions of the United bers; loans States. (b) The corporation shall have in the District (a) No part of the income or assets of the cor- of Columbia at all times a designated agent au- poration shall inure to any of its members, di- thorized to accept service of process for the cor- rectors, or officers as such, or be distributable poration; and notice to or service upon such to any of them during the life of the corporation agent, or mailed to the business address of such or upon its dissolution or final liquidation. agent, shall be deemed notice to or service upon Nothing in this subsection, however, shall be the corporation. construed to prevent the payment of compensation to officers of the corporation in amounts (Pub. L. 87–655, § 5, Sept. 10, 1962, 76 Stat. 531.) approved by the board of directors of the corporation. § 1046. Membership (b) The corporation shall not make loans to its Eligibility for membership in the corporation officers, directors, or employees. Any director and the rights, privileges, and designation of who votes for or assents to the making of a loan classes of members shall, except as provided in or advance to an officer, director, or employee of this chapter, be determined as the constitution the corporation, and any officer who partici- and bylaws of the corporation may provide. pates in the making of such a loan or advance, (Pub. L. 87–655, § 6, Sept. 10, 1962, 76 Stat. 532.) shall be jointly and severally liable to the corporation for the amount of such loan until the § 1047. Governing body repayment thereof. (a) Composition (Pub. L. 87–655, § 9, Sept. 10, 1962, 76 Stat. 532.) Upon the enactment of this chapter and for § 1050. Nonpolitical nature of corporation not more than one year thereafter, the membership of the initial board of directors of the cor- The corporation, and its officers and directors poration shall consist of the present members of as such, shall not contribute to or otherwise the board of directors of the Sea Cadet Corps of support or assist any political party or can- America, the corporation described in section didate for public office. 1057 of this title, or such of them as may then be (Pub. L. 87–655, § 10, Sept. 10, 1962, 76 Stat. 532.) living and are qualified members of said board of directors, to wit: John J. Bergen, William J. § 1051. Liability for acts of officers and agents Catlett, Junior, Morgan Fitch, George Halas, John S. Leahy, Junior, and J. Paull Marshall. The corporation shall be liable for the acts of (b) Tenure its officers and agents when acting within the scope of their authority. Thereafter, the board of directors of the corporation shall consist of such number (not less (Pub. L. 87–655, § 11, Sept. 10, 1962, 76 Stat. 533.) than ten and not more than twenty-five), shall be selected in such manner (including the filling § 1052. Prohibition against issuance of stock or of vacancies), and shall serve for such term as payment of dividends may be prescribed in the constitution and by- The corporation shall have no power to issue laws of the corporation. any shares of stock or to declare or pay any (c) Duties dividends. The board of directors shall be the governing (Pub. L. 87–655, § 12, Sept. 10, 1962, 76 Stat. 533.) board of the corporation, and shall be responsible for the general policies and program of the § 1053. Books and records; inspection corporation and for the control of all funds of the corporation. The corporation shall keep correct and complete books and records of account and shall (Pub. L. 87–655, § 7, Sept. 10, 1962, 76 Stat. 532.) keep minutes of the proceedings of its members, REFERENCES IN TEXT board of directors, and committees having any Upon the enactment of this chapter, referred to in authority under the board of directors, and it subsec. (a), means the enactment of Pub. L. 87–655, shall also keep at its principal office a record of which was enacted Sept. 10, 1962. the names and addresses of its members entitled to vote. All books and records of the corporation § 1048. Officers may be inspected by any member entitled to (a) The officers of the corporation shall be a vote, or his agent or attorney, for any proper president, one or more vice presidents (as may purpose, at any reasonable time. be prescribed in the constitution and bylaws of (Pub. L. 87–655, § 13, Sept. 10, 1962, 76 Stat. 533.) Page 157 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 1073

§ 1054. Repealed. Pub. L. 88–504, § 4(36), Aug. 30, Sec. 1964, 78 Stat. 638 1073. Objects and purposes of corporation. 1074. Powers of corporation. Section, Pub. L. 87–655, § 14, Sept. 10, 1962, 76 Stat. 533, 1075. Principal office; territorial scope of activi- related to audit of financial transactions and report of ties; agent for service of process. such audit to Congress. See sections 1101 to 1103 of this 1076. Membership; voting rights. title. 1077. Board of directors. (a) Composition of initial board. § 1055. Use of assets on dissolution or liquidation (b) Composition of subsequent boards; tenure. Upon dissolution or final liquidation of the (c) Governing period; duties. corporation, after discharge or satisfaction of 1078. Officers. all outstanding obligations and liabilities, the 1079. Distribution of income or assets to members; remaining assets, if any, of the corporation shall loans. be distributed in accordance with the deter- 1080. Nonpolitical nature of corporation. mination of the board of directors of the cor- 1081. Liability for acts of officers and agents. poration and in compliance with the constitu- 1082. Prohibition against issuance of stock or payment of dividends. tion and bylaws of the corporation and all Fed- 1083. Books and records; inspection. eral and State laws applicable thereto. 1084. Audit of financial transactions. (Pub. L. 87–655, § 15, Sept. 10, 1962, 76 Stat. 533.) 1085. Use of assets on dissolution or liquidation. 1086. Exclusive right to name, emblems, seals, and § 1056. Exclusive right to name, emblems, seals, badges. and badges 1087. Acquisition of assets and liabilities of existing corporation. The corporation shall have the sole and exclu- 1088. Reservation of right to amend or repeal chap- sive right to the name ‘‘Naval Sea Cadet Corps’’ ter. and to have and to use in carrying out its pur- § 1071. Corporation created poses, distinctive insignia, emblems and badges, descriptive or designating marks, and words or James E. Axeman, Williamsport, Pennsyl- phrases, as may be required in the furtherance vania; Colonel Theodore P. Bank, Chicago, Illi- of its functions. No powers or privileges granted nois; Nicholas C. Colombo, Galveston, Texas; shall, however, interfere or conflict with estab- John K. Conneen, Bethlehem, Pennsylvania; lished or vested rights. Yale A. Corcoron, Chicago, Illinois; Doctor Ar- (Pub. L. 87–655, § 16, Sept. 10, 1962, 76 Stat. 533.) thur A. Esslinger, Eugene, Oregon; Merrill Mar- tin Galloway, West Columbia, Texas; George H. § 1057. Acquisition of assets and liabilities of ex- Harding, Lebanon, Tennessee; Edward B. John- isting corporation son, Port Chester, New York; G. Herbert McCracken, New York, New York; Peter J. The corporation may acquire the assets of the McGovern, Chairman, Williamsport, Pennsyl- Sea Cadet Corps of America, a corporation orga- vania; Frank J. McGrath, Scarsdale, New York; nized under the laws of the State of Washington, Doctor Elmon L. Vernier, Baltimore, Maryland; upon discharging or satisfactorily providing for Milton F. Ziehn, Sacramento, California; and the payment and discharge of all of the liability their successors, are created and declared to be of such corporation and upon complying with all a body corporate by the name of the Little laws of the State of Washington applicable League Baseball, Incorporated (hereinafter thereto. called the corporation), and by such name shall (Pub. L. 87–655, § 17, Sept. 10, 1962, 76 Stat. 534.) be known and have perpetual succession and the powers and limitations contained in this chap- SECTION REFERRED TO IN OTHER SECTIONS ter. This section is referred to in section 1047 of this title. (Pub. L. 88–378, § 1, July 16, 1964, 78 Stat. 325.)

§ 1058. Annual report SECTION REFERRED TO IN OTHER SECTIONS The corporation shall report annually to the This section is referred to in section 1072 of this title. Secretary of the Navy concerning its proceedings and activities for the preceding calendar § 1072. Completion of organization years. The Secretary of the Navy shall commu- The persons named in section 1071 of this title nicate to Congress the whole of such reports, or are authorized to complete the organization of such portion thereof as he shall see fit. the corporation by the selection of officers and (Pub. L. 87–655, § 18, Sept. 10, 1962, 76 Stat. 534.) employees, the adoption of a constitution and bylaws, not inconsistent with this chapter, and § 1059. Reservation of right to amend or repeal the doing of such other acts as may be necessary chapter for such purpose. The right to alter, amend, or repeal this chap- (Pub. L. 88–378, § 2, July 16, 1964, 78 Stat. 325.) ter is expressly reserved. § 1073. Objects and purposes of corporation (Pub. L. 87–655, § 19, Sept. 10, 1962, 76 Stat. 534.) The objects and purposes of the corporation CHAPTER 41A—LITTLE LEAGUE BASEBALL, shall be— INC. (1) To promote, develop, supervise, and vol- Sec. untarily assist in all lawful ways the interest 1071. Corporation created. of young people who will participate in Little 1072. Completion of organization. League baseball. § 1074 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 158

(2) To help and voluntarily assist young peo- that place and may be conducted throughout the ple in developing qualities of citizenship and various States, the Commonwealth of Puerto sportsmanship. Rico, and the possessions of the United States, (3) Using the disciplines of the native Amer- and in other areas throughout the world. ican game of baseball, to teach spirit and com- (b) The corporation shall maintain at all times petitive will to win, physical fitness through in the District of Columbia a designated agent individual sacrifice, the values of teamplay authorized to accept service of process for the and wholesome wellbeing through healthful corporation, and notice to or service upon such and social association with other youngsters agent, or mailed to the business address of such under proper leadership. agent, shall be deemed notice to or service upon the corporation. (Pub. L. 88–378, § 3, July 16, 1964, 78 Stat. 325; Pub. L. 93–551, Dec. 26, 1974, 88 Stat. 1744.) (Pub. L. 88–378, § 5, July 16, 1964, 78 Stat. 326.) AMENDMENTS § 1076. Membership; voting rights 1974—Par. (1). Pub. L. 93–551 substituted ‘‘young people’’ for ‘‘boys’’. (a) Eligibility for membership in the corpora- Par. (2). Pub. L. 93–551 substituted ‘‘young people’’ for tion and the rights and privileges of members ‘‘boys’’ and ‘‘citizenship and sportsmanship’’ for ‘‘citi- shall, except as provided in this chapter, be de- zenship, sportsmanship, and manhood’’. termined as the constitution and bylaws of the corporation may provide. § 1074. Powers of corporation (b) Each member of the corporation, other The corporation shall have power— than honorary and associate members, shall (1) to sue and be sued, complain, and defend have the right to one vote on each matter sub- in any court of competent jurisdiction; mitted to a vote at all meetings of the members (2) to adopt, alter, and use a corporate seal; of the corporation. (3) to choose such officers, directors, trust- (Pub. L. 88–378, § 6, July 16, 1964, 78 Stat. 326.) ees, managers, agents, and employees as the business of the corporation may require; § 1077. Board of directors (4) to adopt, amend, and alter a constitution and bylaws, not inconsistent with the laws of (a) Composition of initial board the United States or any State in which the Upon enactment of this chapter the member- corporation is to operate, for the management ship of the initial board of directors of the cor- of its property and the regulation of its af- poration shall consist of the members of the fairs; board of directors of the corporation referred to (5) to contract and be contracted with; in section 1087 of this title. (6) to charge and collect membership dues, (b) Composition of subsequent boards; tenure subscription fees, and receive contributions or Thereafter, the board of directors of the cor- grants of money or property to be devoted to poration shall consist of such number (not less the carrying out of its purposes; than 13), shall be selected in such manner (in- (7) to take and hold by lease, gift, purchase, cluding the filling of vacancies), and shall serve grant, devise, bequest or otherwise any prop- for such term as may be prescribed in the con- erty, real or personal, necessary for attaining stitution and bylaws of the corporation. the objects and carrying into effect the purposes of the corporation, subject to applicable (c) Governing period; duties provisions of law in any State (A) governing The board of directors shall be the governing the amount or kind of real and personal prop- board of the corporation and shall, during the erty which may be held by, or (B) otherwise intervals between corporation meetings, be re- limiting or controlling the ownership of real sponsible for the general policies and program of or personal property by a corporation operat- the corporation. The board shall be responsible ing in such State; for the control of all funds of the corporation. (8) to transfer, encumber, and convey real or personal property; (Pub. L. 88–378, § 7, July 16, 1964, 78 Stat. 326.) (9) to borrow money for the purposes of the § 1078. Officers corporation, issue bonds therefor, and secure the same by mortgage, subject to all applica- (a) The officers of the corporation shall be a ble provisions of Federal or State law; chairman of the board of directors, a president, (10) to adopt, alter, use, and display such em- a vice president, and a secretary-treasurer. The blems, seals, and badges as it may adopt; and duties of the officers shall be as prescribed in (11) to do any and all lawful acts and things the constitution and bylaws of the corporation. necessary or desirable in carrying out the ob- (b) Officers shall be elected annually at the an- jects and purposes of the corporation. nual meeting of the corporation. (Pub. L. 88–378, § 4, July 16, 1964, 78 Stat. 325.) (Pub. L. 88–378, § 8, July 16, 1964, 78 Stat. 326.) § 1075. Principal office; territorial scope of activi- § 1079. Distribution of income or assets to mem- ties; agent for service of process bers; loans (a) The principal office of the corporation (a) No part of the income or assets of the cor- shall be located in Williamsport, Pennsylvania, poration shall inure to any member, officer, or or in such other place as may later be deter- director, or be distributable to any such person mined by the board of directors, but the activi- during the life of the corporation or upon dis- ties of the corporation shall not be confined to solution or final liquidation. Nothing in this Page 159 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 1088 subsection, however, shall be construed to pre- (b) A report of such audit shall be made by the vent the payment of reasonable compensation to corporation to the Congress not later than six officers of the corporation in amounts approved months following the close of the fiscal year for by the board of directors of the corporation. which the audit is made. The report shall set (b) The corporation shall not make loans to its forth the scope of the audit and include such officers, directors, or employees. Any director statements, together with the independent audi- who votes for or assents to the making of a loan tor’s opinion of those statements, as are nec- to an officer, director, or employee of the cor- essary to present fairly the corporation’s assets poration, and any officer who participates in the and liabilities, surplus or deficit with an analy- making of such loan, shall be jointly and sever- sis of the changes therein during the year, sup- ally liable to the corporation for the amount of plemented in reasonable detail by a statement such loan until the repayment thereof. of the corporation’s income and expenses during (Pub. L. 88–378, § 9, July 16, 1964, 78 Stat. 327.) the year including (1) the results of any trading, manufacturing, publishing, or other commer- § 1080. Nonpolitical nature of corporation cial-type endeavor carried on by the corporation, and (2) a schedule of all contracts requiring The corporation, and its officers, directors, payments in excess of $10,000 and any payments and duly appointed agents as such, shall not of compensation, salaries, or fees at a rate in ex- contribute to or otherwise support or assist any cess of $10,000 per annum. The report shall not political party or candidate for office. be printed as a public document. (Pub. L. 88–378, § 10, July 16, 1964, 78 Stat. 327.) (Pub. L. 88–378, § 14, July 16, 1964, 78 Stat. 327.) § 1081. Liability for acts of officers and agents § 1085. Use of assets on dissolution or liquidation The corporation shall be liable for the acts of its officers and agents when acting within the Upon final dissolution or liquidation of the scope of their authority. corporation, and after discharge or satisfaction of all outstanding obligations and liabilities, the (Pub. L. 88–378, § 11, July 16, 1964, 78 Stat. 327.) remaining assets of the corporation may be dis- § 1082. Prohibition against issuance of stock or tributed in accordance with the determination payment of dividends of the board of directors of the corporation and in compliance with the constitution and bylaws The corporation shall have no power to issue of the corporation and all Federal and State any shares of stock nor to declare nor pay any laws applicable thereto. Such distribution shall dividends. be consistent with the purposes of the corpora- (Pub. L. 88–378, § 12, July 16, 1964, 78 Stat. 327.) tion. § 1083. Books and records; inspection (Pub. L. 88–378, § 15, July 16, 1964, 78 Stat. 328.) The corporation shall keep correct and com- § 1086. Exclusive right to name, emblems, seals, plete books and records of account and shall and badges keep minutes of the proceedings of its members, board of directors, and committees having au- The corporation shall have the sole and exclu- thority under the board of directors, and it shall sive right to use and to allow or refuse to others also keep at its principal office a record of the the use of the terms ‘‘Little League,’’ ‘‘Little names and addresses of its members entitled to Leaguer,’’ and the official Little League emblem vote. All books and records of the corporation or any colorable simulation thereof. No powers may be inspected by any member entitled to or privileges hereby granted shall, however, vote, or his agent or attorney, for any proper interfere or conflict with established or vested purpose, at any reasonable time. rights. (Pub. L. 88–378, § 13, July 16, 1964, 78 Stat. 327.) (Pub. L. 88–378, § 16, July 16, 1964, 78 Stat. 328.) § 1084. Audit of financial transactions § 1087. Acquisition of assets and liabilities of existing corporation (a) The accounts of the corporation shall be audited annually in accordance with generally The corporation may acquire the assets of the accepted auditing standards by independent cer- Little League Baseball, Incorporated, chartered tified public accountants or independent li- in the State of New York, upon discharging or censed public accountants, certified or licensed satisfactorily providing for the payment and dis- by a regulatory authority of a State or other po- charge of all of the liability of such corporation litical subdivision of the United States. The and upon complying with all laws of the State of audit shall be conducted at the place or places New York applicable thereto. where the accounts of the corporation are nor- (Pub. L. 88–378, § 17, July 16, 1964, 78 Stat. 328.) mally kept. All books, accounts, financial records, reports, files, and all other papers, SECTION REFERRED TO IN OTHER SECTIONS things, or property belonging to or in use by the This section is referred to in section 1077 of this title. corporation and necessary to facilitate the audit shall be made available to the person or persons § 1088. Reservation of right to amend or repeal conducting the audit; and full facilities for veri- chapter fying transactions with the balances or securities held by depositories, fiscal agents, and cus- The right to alter, amend, or repeal this chap- todians shall be afforded to such person or per- ter is expressly reserved. sons. (Pub. L. 88–378, § 18, July 16, 1964, 78 Stat. 328.) § 1101 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 160

CHAPTER 42—AUDITS OF FEDERALLY (36) National Safety Council. CHARTERED CORPORATIONS (37) National Woman’s Relief Corps, Auxil- iary to the Grand Army of the Republic. Sec. (38) The National Yeomen F. 1101. ‘‘Private corporations established under Fed- eral law’’ defined. (39) Naval Sea Cadet Corps. 1102. Audit of accounts; annual audit; independent (40) Navy Club of the United States of Amer- audit; places of audit; availability of books, ica. records, and other papers, things, or prop- (41) Reserve Officers Association. erty; facilities for verification of trans- (42) Sons of the American Revolution. actions. (43) Sons of Union Veterans of the Civil War. 1103. Reports to Congress; time for submission; (44) United Spanish War Veterans. contents; scope of audit, financial state- (45) United States Blind Veterans of World ments, and auditor’s opinion; public print- War I. ing. (46) United States Olympic Association.1 CHAPTER REFERRED TO IN OTHER SECTIONS (47) Veterans of Foreign Wars of the United This chapter is referred to in sections 5206, 5706 of States. this title; title 16 sections 583j–5, 3706, 5807; title 20 sec- (48) Veterans of World War I of the United tion 5509. States of America. (49) General Federation of Women’s Clubs. § 1101. ‘‘Private corporations established under (50) United Service Organizations. Federal law’’ defined (51) National Ski Patrol System, Incor- The term ‘‘private corporations established porated. under Federal law’’ as used in this chapter (52) Gold Star Wives of America. means the following organizations: (53) National Federation of Music Clubs. (1) Agricultural Hall of Fame. (54) Italian American War Veterans of the (2) American Chemical Society. United States. (3) American Historical Association. (55) United States Submarine Veterans of (4) The American Legion. World War II. (5) The American National Theater and (56) American Council of Learned Societies. Academy. (57) American Ex-Prisoners of War. (6) American Society of International Law. (58) Polish Legion of American Veterans, (7) American Symphony Orchestra League. U.S.A. (8) American War Mothers. (59) Former Members of Congress. (9) AMVETS (American Veterans of World (60) Catholic War Veterans of the United War II).1 States of America, Incorporated. (10) Belleau Wood Memorial Association. (61) National Academy of Public Administra- (11) Big Brothers—Big Sisters of America. tion. (12) Blinded Veterans Association. (62) Jewish War Veterans of the United (13) Blue Star Mothers of America. States of America. (14) Board for Fundamental Education. (63) American Gold Star Mothers, Incor- (15) Boy Scouts of America. porated. (16) Boys & Girls Clubs of America. (64) Women’s Army Corps Veterans’ Associa- (17) Civil Air Patrol. tion. (18) Conference of State Societies, Washing- (65) 369th Veterans’ Association. ton, District of Columbia. (66) National Society, Daughters of the (19) The Congressional Medal of Honor Soci- American Colonists. ety of the United States of America. (67) Navy Wives Clubs of America. (20) Daughters of the American Revolution. (68) Army and Navy Union of the United (21) Disabled American Veterans. States of America. (22) The Foundation of the Federal Bar Asso- (69) Pearl Harbor Survivors Association. ciation. (70) Daughters of Union Veterans of the Civil (23) Future Farmers of America. War 1861–1865. 2 (24) Girl Scouts of America. (72) The Vietnam Veterans of America, Inc. 3 (25) Grand Army of the Republic. The Non Commissioned Officers Associa- (26) Jewish War Veterans, U.S.A., National tion of the United States of America, Incor- Memorial, Inc. porated. 4 (27) Ladies of the Grand Army of the Repub- (60) The National Mining Hall of Fame and 5 lic. Museum 6 (28) Legion of Valor of the United States of (74) 82nd Airborne Division Association, In- America, Incorporated. corporated. (29) Marine Corps League. (75) The Military Order of the World Wars. (30) Military Chaplains Association of the (76) The Retired Enlisted Association, Incor- United States of America. porated. (31) Military Order of the Purple Heart of (77) The National Natural Resources Con- the United States of America. servation Foundation. (32) National Academy of Sciences. (33) National Conference on Citizenship. 2 So in original. No par. (71) has been enacted. (34) National Fund for Medical Education. 3 So in original. Paragraph added without numerical designa- (35) National Music Council. tion. 4 See 1988 Amendment note below. 5 So in original. Probably should be followed by a period. 1 See References in Text note below. 6 So in original. No par. (73) has been enacted. Page 161 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 1103

(78) Fleet Reserve Association. 1986—Par. (68). Pub. L. 99–604, which directed addition (79) Air Force Sergeants Association. of par. (68) at end of this section, was executed by adding par. (68) after par. (67) as the probable intent of (Pub. L. 88–504, § 1, Aug. 30, 1964, 78 Stat. 635; Congress. Pub. L. 94–151, § 2, Dec. 15, 1975, 89 Stat. 809; Pub. Par. (72). Pub. L. 99–318 added par. (72). L. 95–167, § 2, Nov. 11, 1977, 91 Stat. 1348; Pub. L. 1985—Par. (69). Pub. L. 99–119 added par. (69). 96–165, § 9(g), Dec. 29, 1979, 93 Stat. 1272; Pub. L. Par. (70). Pub. L. 99–172 added par. (70). 96–489, § 11, Dec. 2, 1980, 94 Stat. 2554; Pub. L. 1984—Par. (58). Pub. L. 98–372 added par. (58). 96–497, § 11, Dec. 4, 1980, 94 Stat. 2596; Pub. L. Par. (60). Pub. L. 98–382 added par. (60). 97–82, § 11, Nov. 20, 1981, 95 Stat. 1093; Pub. L. Par. (61). Pub. L. 98–257 added par. (61). Par. (62). Pub. L. 98–391 added par. (62). 97–83, § 11, Nov. 20, 1981, 95 Stat. 1095; Pub. L. Par. (63). Pub. L. 98–314 added par. (63). 97–192, § 11, June 1, 1982, 96 Stat. 110; Pub. L. Par. (64). Pub. L. 98–584 added par. (64). 97–231, § 11, Aug. 9, 1982, 96 Stat. 257; Pub. L. Par. (65). Pub. L. 98–565 added par. (65). 97–234, § 11, Aug. 10, 1982, 96 Stat. 263; Pub. L. Par. (66). Pub. L. 98–561 added par. (66). 97–427, § 11, Jan. 8, 1983, 96 Stat. 2266; Pub. L. Par. (67). Pub. L. 98–520 added par. (67). 98–257, § 11, Apr. 10, 1984, 98 Stat. 128; Pub. L. 1983—Par. (59). Pub. L. 97–427 added par. (59). 98–314, § 11, June 12, 1984, 98 Stat. 239; Pub. L. 1982—Par. (53). Pub. L. 97–231 added par. (53). Par. (56). Pub. L. 97–192 added par. (56). 98–372, § 11, July 23, 1984, 98 Stat. 1240; Pub. L. Par. (57). Pub. L. 97–234 added par. (57). 98–382, § 11, Aug. 17, 1984, 98 Stat. 1345; Pub. L. 1981—Par. (54). Pub. L. 97–82 added par. (54). 98–391, § 11, Aug. 21, 1984, 98 Stat. 1360; Pub. L. Par. (55). Pub. L. 97–83 added par. (55). 98–520, § 11, Oct. 19, 1984, 98 Stat. 2429; Pub. L. 1980—Par. (51). Pub. L. 96–489 added par. (51). 98–561, § 12, Oct. 30, 1984, 98 Stat. 2912; Pub. L. Par. (52). Pub. L. 96–497 added par. (52). 98–565, § 11, Oct. 30, 1984, 98 Stat. 2921; Pub. L. 1979—Par. (50). Pub. L. 96–165 added par. (50). 98–584, § 11, Oct. 30, 1984, 98 Stat. 3098; Pub. L. 1977—Par. (11). Pub. L. 95–167 substituted ‘‘Big Broth- 99–119, § 11, Oct. 7, 1985, 99 Stat. 500; Pub. L. ers—Big Sisters of America’’ for ‘‘Big Brothers of America’’. 99–172, § 11, Dec. 9, 1985, 99 Stat. 1022; Pub. L. 1975—Par. (49). Pub. L. 94–151 added par. (49). 99–318, § 12, May 23, 1986, 100 Stat. 476; Pub. L. 99–604, § 11, Nov. 6, 1986, 100 Stat. 3448; Pub. L. CROSS REFERENCES 100–281, § 12, Apr. 6, 1988, 102 Stat. 75; Pub. L. For treatment of the National Fish and Wildlife 100–655, title I, § 111, Nov. 14, 1988, 102 Stat. 3851; Foundation as a private corporation established under Pub. L. 101–510, div. A, title XVI, § 1611, Nov. 5, Federal law for purposes of this chapter, see section 1990, 104 Stat. 1738; Pub. L. 102–199, § 2, Dec. 10, 3706(a) of Title 16, Conservation. 1991, 105 Stat. 1629; Pub. L. 102–484, div. A, title SECTION REFERRED TO IN OTHER SECTIONS XVIII, §§ 1812, 1832, Oct. 23, 1992, 106 Stat. 2583, 2585; Pub. L. 104–127, title III, § 358(a)(2), Apr. 4, This section is referred to in sections 1711, 1811, 1911, 2011, 2111, 2211, 2311, 2411, 2511, 2611, 2711, 2811, 2912, 3011, 1996, 110 Stat. 1014; Pub. L. 104–201, div. A, title 3711, 3911, 5611, 5811 of this title. XVIII, § 1811, Sept. 23, 1996, 110 Stat. 2762; Pub. L. 105–85, div. A, title XV, § 1511, Nov. 18, 1997, 111 § 1102. Audit of accounts; annual audit; inde- Stat. 1965.) pendent audit; places of audit; availability of books, records, and other papers, things, or REFERENCES IN TEXT property; facilities for verification of trans- AMVETS (American Veterans of World War II), re- actions ferred to in par. (9), was changed to AMVETS (Amer- ican Veterans of World War II, Korea, and Vietnam) by The accounts of private corporations estab- Pub. L. 95–98, Aug. 15, 1977, 91 Stat. 830, which is classi- lished under Federal law shall be audited annu- fied to section 67 et seq. of this title. ally in accordance with generally accepted au- Provisions relating to the Grand Army of the Repub- lic, referred to in par. (25), which were classified to sec- diting standards by independent certified public tion 71 et seq. of this title, were omitted from the Code. accountants, certified or licensed by a regu- United States Olympic Association, referred to in latory authority of a State or other political par. (46), was changed to United States Olympic Com- subdivision of the United States. The audits mittee by Pub. L. 88–407, Aug. 10, 1964, 78 Stat. 383, shall be conducted at the place or places where which is classified to section 383 of this title. the accounts of the corporations are normally AMENDMENTS kept. All books, accounts, financial records, re- 1997—Pars. (77), (78). Pub. L. 105–85, § 1511(1), redesig- ports, files, and all other papers, things, or prop- nated par. (77) relating to Fleet Reserve Association as erty belonging to or in use by the corporations (78). and necessary to facilitate the audits shall be Par. (79). Pub. L. 105–85, § 1511(2), added par. (79). made available to the person or persons con- 1996—Par. (77). Pub. L. 104–201 added par. (77) relating ducting the audits; and full facilities for verify- to Fleet Reserve Association. Pub. L. 104–127 added par. (77) relating to National ing transactions with the balances or securities Natural Resources Conservation Foundation. held by depositories, fiscal agents, and custo- 1992—Pars. (75), (76). Pub. L. 102–484 added pars. (75) dians shall be afforded to such person or persons. and (76). 1991—Par. (16). Pub. L. 102–199, § 2, which directed sub- (Pub. L. 88–504, § 2, Aug. 30, 1964, 78 Stat. 636.) stitution of ‘‘Boys & Girls’’ for ‘‘Boys’’, was executed SECTION REFERRED TO IN OTHER SECTIONS by substituting ‘‘Boys & Girls’’ for ‘‘Boys’ ’’ to reflect the probable intent of Congress. This section is referred to in sections 1166, 1213, 1309, 1990—Par. (74). Pub. L. 101–510 added par. (74). 3111, 3611, 3812, 4012, 4811, 5012, 5112 of this title. 1988—Par. (60). Pub. L. 100–655 added par. (60) relating to National Mining Hall of Fame and Museum, at the § 1103. Reports to Congress; time for submission; end of this section, notwithstanding existence of pars. contents; scope of audit, financial state- (60) to (72). ments, and auditor’s opinion; public printing Pub. L. 100–281 added undesignated paragraph relating to Non Commissioned Officers Association of the The report of each such independent audit United States of America, Incorporated. shall be submitted to the Congress not later § 1151 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 162 than six months following the close of the fiscal vera, Rio Piedras, Puerto Rico; James Schwiem, year for which the audit was made. The report Pasadena, Texas; Robert T. Kiggins, Pittsburgh, shall set forth the scope of the audit and include Pennsylvania; Glenn E. Mayer, Hines, Illinois; such statements as are necessary to present John Novak, Richmond, Virginia; and such fairly the corporation’s assets and liabilities, other persons as are members of the Paralyzed surplus or deficit with an analysis of the Veterans of America, and their associates and changes therein during the year, supplemented successors, are hereby created and declared to in reasonable detail by a statement of the cor- be a body corporate by the name of Paralyzed poration’s income and expenses during the year Veterans of America (hereinafter referred to as including the results of any trading, manufac- the ‘‘corporation’’). turing, publishing, or other commercial-type en- (Pub. L. 92–93, § 1, Aug. 11, 1971, 85 Stat. 317.) deavor carried on by the corporation, together with the independent auditor’s opinion of those SECTION REFERRED TO IN OTHER SECTIONS statements. The report shall not be printed as a This section is referred to in section 1152 of this title. public document, except as part of proceedings authorized to be printed under section 1332 of § 1152. Completion of organization title 44. The persons named in section 1151 of this title, (Pub. L. 88–504, § 3, Aug. 30, 1964, 78 Stat. 636.) or their successors, are hereby authorized to complete the organization of the corporation by CODIFICATION the selection of officers, the adoption of a con- ‘‘Section 1332 of title 44’’, referred to in text, substitution and bylaws, and the doing of such stituted for ‘‘the Act of March 2, 1931, chapter 378, sec- other acts as may be necessary for such purpose. tion 1, as amended’’, which had been classified to section 275b of former Title 44, Public Printing and Docu- (Pub. L. 92–93, § 2, Aug. 11, 1971, 85 Stat. 317.) ments, on authority of Pub. L. 90–620, § 2(b), Oct. 22, 1968, 82 Stat. 1305, the first section of which enacted § 1153. Objects and purposes of corporation Title 44, Public Printing and Documents. The objects and purposes of the corporation SECTION REFERRED TO IN OTHER SECTIONS shall be— (a) to preserve the great and basic truths This section is referred to in sections 1166, 1213, 1309 and enduring principles upon which this Na- of this title. tion was founded; CHAPTER 43—PARALYZED VETERANS OF (b) to form a national association for the AMERICA benefit of persons who have suffered injuries or diseases of the spinal cord; Sec. (c) to acquaint the public with the needs and 1151. Corporation created. problems of paraplegics; 1152. Completion of organization. (d) to promote medical research in the sev- 1153. Objects and purposes of corporation. 1154. Powers of corporation. eral fields connected with injuries and diseases 1155. Prohibition against issuance of stock or busi- of the spinal cord, including research in neuro- ness activities. surgery and orthopedics and in genitourinary 1156. Nonpolitical nature of corporation. and orthopedic appliances; and 1157. Membership. (e) to advocate and foster complete and ef- 1158. Principal office; territorial scope of activi- fective reconditioning programs for paraple- ties. gics, including a thorough physical recondi- 1159. Use of assets on dissolution or liquidation. tioning program, physiotherapy, competent 1160. Exclusive right to name, emblems, seals, and badges. walking instructions, adequate guidance (both 1161. Books and records; inspection. vocational and educational), academic and vo- 1162. Agents for service of process. cational education (both in hospitals and in 1163. Extension of privileges and rights granted educational institutions), psychological ori- under other laws. entation and readjustment to family and 1164. Distribution of income or assets to members; friends, and occupational therapy (both func- loans. tional and diversional). 1165. Liability for acts of officers and agents. 1166. Audit of financial transactions. (Pub. L. 92–93, § 3, Aug. 11, 1971, 85 Stat. 317.) 1167. Reservation of right to amend or repeal chapter. § 1154. Powers of corporation The corporation shall have perpetual succes- § 1151. Corporation created sion and shall have power— The following persons, to wit: Burton Little, (a) to sue and be sued; Chickasaw, Alabama; Tom Goggin, Phoenix, (b) to acquire, hold, and dispose of such real Arizona; Leonard Chrysler, Los Altos, Califor- and personal property as may be necessary to nia; Wayne L. Capson, Garden Grove, California; carry out the corporate purposes; George Boschet, Silver Spring, Maryland; Rob- (c) to make and enter into contracts; ert Classon, New York, New York; Edward G. (d) to accept gifts, legacies, and devises Maxwell, Miami, Florida; Claude C. Beckham, which will further the corporate purposes; Irmo, South Carolina; Benny Tschetter, Sioux (e) to borrow money for the purposes of the Falls, South Dakota; Frederick T. Gill, Valley corporation, issue bonds therefor, and secure Station, Kentucky; Lee M. Gresham, Wixom, the same by mortgage, subject in every case to Michigan; Conrad M. Standinger, Memphis, Ten- all applicable provisions of Federal and State nessee; Curley Gullet, Denver, Colorado; Charles law; Swartz, Marblehead, Massachusetts; Bolivar Ri- (f) to adopt and alter a corporate seal; Page 163 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 1163

(g) to establish, regulate, and discontinue (Pub. L. 92–93, § 8, Aug. 11, 1971, 85 Stat. 318.) subordinate State and regional organizations and local chapters or posts; § 1159. Use of assets on dissolution or liquidation (h) to choose such officers, representatives, In the event of a final dissolution or liquida- and agents as may be necessary to carry out tion of such corporation, and after the discharge the corporate purposes; or satisfactory provisions for the discharge of (i) to establish and maintain offices for the all its liabilities, the remaining assets of the conduct of the affairs of the corporation; said corporation shall be transferred to the De- (j) to adopt and alter a constitution and by- partment of Veterans Affairs to be applied to laws not inconsistent with law; the care and comfort of paralyzed veterans. (k) to publish a newspaper, magazine, or other publications; (Pub. L. 92–93, § 9, Aug. 11, 1971, 85 Stat. 318; Pub. (l) to adopt and alter emblems and badges; L. 102–54, § 13(n)(5), June 13, 1991, 105 Stat. 278.) and AMENDMENTS (m) to do any and all acts and things nec- 1991—Pub. L. 102–54 substituted ‘‘Department of Vet- essary and proper to accomplish the objects erans Affairs’’ for ‘‘Veterans’ Administration’’. and purposes of the corporation. § 1160. Exclusive right to name, emblems, seals, (Pub. L. 92–93, § 4, Aug. 11, 1971, 85 Stat. 317.) and badges CROSS REFERENCES The corporation and its State and regional or- Penalty for unauthorized manufacture, reproduction, ganizations and local chapters or posts shall or sale of badges or emblems of veterans’ organizations, have the sole and exclusive right to have and see section 705 of Title 18, Crimes and Criminal Proce- use in carrying out its purposes the name ‘‘Para- dure. lyzed Veterans of America,’’ and such seals, em- § 1155. Prohibition against issuance of stock or blems, and badges as the corporation may law- business activities fully adopt. (Pub. L. 92–93, § 10, Aug. 11, 1971, 85 Stat. 318.) The corporation shall have no power to issue capital stock or engage in business for pecu- CROSS REFERENCES niary profit or gain. Penalty for unauthorized manufacture, reproduction, (Pub. L. 92–93, § 5, Aug. 11, 1971, 85 Stat. 318.) or sale of badges or emblems of veterans’ organizations, see section 705 of Title 18, Crimes and Criminal Proce- § 1156. Nonpolitical nature of corporation dure. The corporation shall be nonpolitical and, as § 1161. Books and records; inspection an organization, shall not furnish financial aid The corporation shall keep correct and com- to, or otherwise promote the candidacy of, any plete books and records of account and shall person seeking public office. also keep minutes of the proceedings of its mem- (Pub. L. 92–93, § 6, Aug. 11, 1971, 85 Stat. 318.) bers, executive committee, and committee, having any of the authority of the executive com- § 1157. Membership mittee; and shall keep at its registered office or principal office a record giving the names and Any American citizen shall be eligible for addresses of its members entitled to vote; and membership in the corporation who was regu- permit all books and records of the corporation larly enlisted, inducted, or commissioned, and to be inspected by any member or his agent or who was accepted for, or was on, active duty in his attorney for any proper purpose at any rea- the Army, Navy, Marine Corps, Air Force, or sonable time. Coast Guard of the United States, or our allies. Service with the Armed Forces must have been (Pub. L. 92–93, § 11, Aug. 11, 1971, 85 Stat. 318.) terminated by discharge or separation from service under conditions other than dishonor- § 1162. Agents for service of process able: Provided, however, That persons otherwise As a condition precedent to the exercise of any eligible for membership who are on active duty power or privilege herein granted or conferred, or who must continue to serve after the ces- the corporation shall file in the office of the sation of hostilities are also eligible for mem- Secretary of each State or of any territory or bership: And, provided further, That membership possession of the United States, in which organi- shall be limited to such persons as have suffered zations, chapters, or posts may be organized, the spinal cord injuries or diseases whether service name and post office address of an authorized connected or nonservice connected in origin. agent upon whom local process or demands (Pub. L. 92–93, § 7, Aug. 11, 1971, 85 Stat. 318.) against the corporation may be served. (Pub. L. 92–93, § 12, Aug. 11, 1971, 85 Stat. 318.) § 1158. Principal office; territorial scope of activities § 1163. Extension of privileges and rights granted under other laws The headquarters and principal place of business of said corporation shall be located in the Such provisions, privileges, and prerogatives District of Columbia, but the activities of said as have been granted heretofore to other na- organization, as set out herein, shall not be con- tional veterans’ organizations by virtue of their fined to said city, but shall be conducted being incorporated by Congress are hereby throughout the several States and any territory granted and accrue to the Paralyzed Veterans of or possession of the United States. America. § 1164 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 164

(Pub. L. 92–93, § 13, Aug. 11, 1971, 85 Stat. 319.) Sec. 1212. Books and records; inspection. § 1164. Distribution of income or assets to mem- 1213. Audit of financial transactions. bers; loans 1214. Use of assets on dissolution or liquidation. 1215. Exclusive right to name, emblems, seals, and (a) No part of the income or assets of the cor- insignia. poration shall inure to any member, director, of- 1216. Acquisition of assets and liabilities of exist- ficer, or employee of the corporation or be dis- ing corporation. 1217. Annual report. tributable to any person during the life of the 1218. Reservation of right to amend or repeal chap- corporation or upon its dissolution or final liq- ter. uidation. Nothing in this subsection, however, 1219. Exemption from certain taxes. shall be construed to prevent the payment of reasonable compensation to officers and employ- § 1201. Corporation created ees of the corporation or to prevent their reim- The following persons: bursement for actual necessary expenses in Honorable Fred Schwengel, Washington, Dis- amounts approved by the corporation’s board of trict of Columbia; directors. Honorable Marguerite Stitt Church, Evans- (b) The corporation shall not make loans to its ton, Illinois; members, officers, directors, or employees. Any Doctor Melvin M. Payne, Washington, Dis- director who votes for or assents to the making trict of Columbia; of such a loan, and any officer who participates Carl Haverlin, Northridge, California; in the making of such a loan, shall be jointly Doctor Walter Rundell, College Park, Mary- and severally liable to the corporation for the land; amount of such loan until the repayment there- Victor M. Birely, Washington, District of of. Columbia; (Pub. L. 92–93, § 14, Aug. 11, 1971, 85 Stat. 319.) Arthur B. Hanson, Esquire, Washington, Dis- trict of Columbia; § 1165. Liability for acts of officers and agents Mrs. Adlai Stevenson III, Hanover, Illinois; Mrs. Florian Thayn, Washington, District of The corporation shall be liable for the acts of Columbia; its officers and agents when acting within the scope of their authority. and their successors are hereby created and declared to be a body corporate of the District of (Pub. L. 92–93, § 15, Aug. 11, 1971, 85 Stat. 319.) Columbia having the name ‘‘United States Cap- § 1166. Audit of financial transactions itol Historical Society’’ (hereinafter the 1 corporation’’). The said corporation shall have The provisions of sections 1102 and 1103 of this perpetual existence and the powers, limitations, title shall apply with respect to the corporation. and restrictions herein contained. (Pub. L. 92–93, § 16, Aug. 11, 1971, 85 Stat. 319.) (Pub. L. 95–493, § 1, Oct. 20, 1978, 92 Stat. 1643.) § 1167. Reservation of right to amend or repeal SECTION REFERRED TO IN OTHER SECTIONS chapter This section is referred to in section 1202 of this title. The right to alter, amend, or repeal this chap- § 1202. Completion of organization ter is hereby expressly reserved. The persons named in section 1201 of this title (Pub. L. 92–93, § 17, Aug. 11, 1971, 85 Stat. 319.) are authorized to complete the organization of the corporation by the selection of officers and CHAPTER 44—UNITED STATES CAPITOL employees, the adoption of a constitution and HISTORICAL SOCIETY bylaws, not inconsistent with this chapter, and Sec. the doing of such other acts as may be necessary 1201. Corporation created. to carry out the provisions of this chapter. 1202. Completion of organization. 1203. Objects and purposes of corporation. (Pub. L. 95–493, § 2, Oct. 20, 1978, 92 Stat. 1643.) 1204. Powers of corporation. § 1203. Objects and purposes of corporation 1205. Principal office; territorial scope of activities; agent for service of process. The objects and purposes of the corporation 1206. Membership. shall be— 1207. Active board of trustees. (a) to encourage in the most comprehensive (a) Composition; chairman. and enlightened manner an understanding by (b) Tenure; reelection. (c) Meetings. the American people of the founding, growth, (d) Election; removal. and significance of the Capitol of the United 1208. Officers. States of America as the tangible symbol of (a) Composition. their representative form of government; (b) Membership on board; compensation. (b) to undertake research into the history of (c) Election; tenure. the Congress and the Capitol and to promote (d) Duties. the discussion, publication, and dissemination (e) Executive secretary and other person- of the results of such studies; nel; compensation; duties. 1209. Distribution of income or assets to members; (c) to foster and increase an informed patri- loans. otism of the land in the study of this living 1210. Liability for acts of officers and agents. 1211. Prohibition against issuance of stock or pay- 1 So in original. Probably should be preceded by opening ment of dividends. quotation marks. Page 165 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 1208

memorial to the founders of this Nation and § 1205. Principal office; territorial scope of activi- the continuing thread of principles as exempli- ties; agent for service of process fied by their successors; and (a) The principal office of the corporation (d) to mutually cooperate with the standing shall be located in Washington, District of Co- committees of the Congress, the Library of lumbia, or in such other place as may later be Congress, the Architect of the Capitol, and rel- determined by the board of directors, but the ac- evant departments and agencies of the execu- tivities of the corporation shall not be confined tive branch of the Federal Government in fur- to that place and may be conducted throughout thering the objectives of the corporation. the various possessions of the United States. (Pub. L. 95–493, § 3, Oct. 20, 1978, 92 Stat. 1643.) (b) The corporation shall have in the District of Columbia at all times a designated agent authorized to accept service of process for the cor- § 1204. Powers of corporation poration, and notice to or service upon such The corporation shall have the power— agent or mailed to the business address of such (a) to sue and be sued, complain, and defend agent shall be deemed as service or notice upon in any court of competent jurisdiction; the corporation. (b) to adopt, alter, and use a corporate seal; (Pub. L. 95–493, § 5, Oct. 20, 1978, 92 Stat. 1644.) (c) to choose officers, managers, and agents as the business of the corporation may re- § 1206. Membership quire; Eligibility for membership in the corporation (d) to charge and collect membership dues; and the rights and privileges of members shall, (e) to adopt, amend, apply, and alter a con- except as provided in this chapter, be deter- stitution and bylaws not inconsistent with the mined as the constitution and bylaws of the cor- laws of the United States of America or any poration may provide. State in which the corporation is to operate, for the management of its property and the (Pub. L. 95–493, § 6, Oct. 20, 1978, 92 Stat. 1645.) regulation of its affairs; § 1207. Active board of trustees (f) to contract and be contracted with; (g) to take hold by lease, gift, purchase, (a) Composition; chairman grant, devise, bequest, or otherwise any prop- The control and management of the affairs erty, real, personal, or mixed, necessary or and funds of the corporation shall be vested in convenient for attaining the objects of the its active board of trustees which, exclusive of corporation, subject, however, to applicable ex officio and honorary members, shall consist provisions of law of any State (1) governing of not more than forty active members and not the amount or kind of real and personal prop- less than twelve active members, one of whom erty which may be held by, or (2) otherwise shall be elected chairman. limiting or controlling the ownership or 1 real (b) Tenure; reelection and personal property which may be held by, or (3) otherwise limiting or controlling the The term of an active trustee of the board ownership of real and personal property by, a shall be four years in duration and, except by corporation operating in such State; the unanimous vote of the members of the board (h) to transfer, lease, or convey real or per- of trustees present and voting, no active trustee sonal property; may be reelected as an active trustee until after (i) to borrow money for the purposes of the a lapse of one year from the expiration of his corporation and issue bonds or other evidences term as active trustee. of indebtedness therefor and secure the same (c) Meetings mortgage or pledge subject to applicable Fed- The board of trustees shall meet not less than eral or State laws; once annually in the Capitol of the United (j) to conduct campaigns for raising of funds States at Washington, District of Columbia, and and to accept contributions from individuals, at such other times as may be determined by the corporations, and other bodies, foundations, chairman. No meeting of the board of trustees and organizations; may be held except pursuant to a time and place (k) to print, to create and distribute com- stated in the bylaws or upon thirty days written memorative medals, edit and publish, make, notice in advance of any such meeting. display, and sell books and magazines, pictures, slides, and cinemas, as may be nec- (d) Election; removal essary or desirable for the accomplishment of Trustees of the corporation shall be elected by the purposes of the corporation; action of the active board of trustees. Trustees (l) to buy, sell, and generally deal in appro- may be removed by the vote of two-thirds of the priate and related souvenirs, commemorative other active trustees at any time with or with- medals, curios, momentos, and publications; out cause. and (Pub. L. 95–493, § 7, Oct. 20, 1978, 92 Stat. 1645.) (m) to do any and all acts necessary and proper to carry out the purposes of the cor- § 1208. Officers poration. (a) Composition (Pub. L. 95–493, § 4, Oct. 20, 1978, 92 Stat. 1644.) The officers of the corporation shall be a president, who shall be the chief executive officer, 1 So in original. Probably should be ‘‘of’’. five vice presidents, a treasurer, and a secretary. § 1209 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 166

(b) Membership on board; compensation (Pub. L. 95–493, § 11, Oct. 20, 1978, 92 Stat. 1646.) During their respective terms of office, the of- § 1212. Books and records; inspection ficers of the corporation shall be ex officio members of the board with all the rights and privi- The corporation shall keep correct and com- leges of a trustee including the right to vote. Of- plete books and records of account and shall ficers may receive compensation or other remu- keep minutes of the proceedings of its members, neration for their services as determined by the board of trustees, and committees having any board of trustees, and they may be reimbursed authority under the board of trustees, and it for their actual expenses. shall also keep at its principal office a record of (c) Election; tenure the names and addresses of its members entitled to vote. All books and records of the corporation Officers of the corporation shall be elected an- may be inspected by any member entitled to nually by action of the board of trustees and vote, or the agent or attorney of such member, shall continue in office at the pleasure of the for any proper purpose, at any reasonable time. board. (d) Duties (Pub. L. 95–493, § 12, Oct. 20, 1978, 92 Stat. 1646.) The duties of the officers of the corporation § 1213. Audit of financial transactions shall be such as usually pertain to the offices they hold and also shall include such additional (a) The provisions of sections 1102 and 1103 of duties as may be delegated by the board of this title shall apply with respect to the cor- trustees. poration. (b) The corporation shall comply with the pro- (e) Executive secretary and other personnel; visions of section 193m–1 of title 40. compensation; duties The board of trustees may employ an execu- (Pub. L. 95–493, § 13, Oct. 20, 1978, 92 Stat. 1646.) tive secretary and such other paid personnel as § 1214. Use of assets on dissolution or liquidation may be needed to assist the officers and the board and to accomplish the programs and busi- Upon dissolution or final liquidation of the ness of the corporation. The board shall fix the corporation, after discharge or satisfaction of compensation and prescribe the duties of the ex- all outstanding obligations and liabilities, any ecutive secretary and such other paid personnel remaining assets of the corporation shall be dis- who shall serve at the pleasure of the board. tributed in accordance with the determination of the board of trustees of the corporation and in (Pub. L. 95–493, § 8, Oct. 20, 1978, 92 Stat. 1645.) compliance with the constitution and bylaws of § 1209. Distribution of income or assets to mem- the corporation and all Federal and State laws bers; loans applicable thereto. (a) No part of the income or assets of the cor- (Pub. L. 95–493, § 14, Oct. 20, 1978, 92 Stat. 1646.) poration shall inure to any of its members, § 1215. Exclusive right to name, emblems, seals, trustees, or officers, as such, or be distributable and insignia to any of them during the life of the corporation or upon its dissolution or final liquidation. The corporation shall have the sole and exclu- Nothing in this subsection, however, shall be sive right to the name ‘‘United States Capitol construed to prevent the payment of reasonable Historical Society’’ and to have and use in car- compensation to officers or employees of the rying out its purpose, distinctive insignia, em- corporation or reimbursement for actual ex- blems, seals, descriptive or designating marks, penses in amounts approved by the board of and words or phrases, as may be required in the trustees of the corporation. furtherance of its functions. Nothing in this sec- (b) The corporation shall not make loans to its tion shall be construed to interfere or conflict officers, trustees, or employees. Any director with established or vested rights. who votes for or assents to the making of a loan (Pub. L. 95–493, § 15, Oct. 20, 1978, 92 Stat. 1647.) or advance to an officer, director, or employee of the corporation, and any officer who partici- § 1216. Acquisition of assets and liabilities of ex- pates in the making of such loan or an advance isting corporation shall be jointly and severally liable to the cor- The corporation may acquire the assets of the poration for the amount of such loan or advance United States Capitol Historical Society, a cor- until the repayment thereof. poration incorporated under the laws of the Dis- (Pub. L. 95–493, § 9, Oct. 20, 1978, 92 Stat. 1646.) trict of Columbia. The United States Capitol Historical Society shall retain and maintain its § 1210. Liability for acts of officers and agents existing status as a corporation incorporated The corporation shall be liable for the acts of under the laws of the District of Columbia or a its officers and agents when acting within the State. scope of their authority. (Pub. L. 95–493, § 16, Oct. 20, 1978, 92 Stat. 1647.) (Pub. L. 95–493, § 10, Oct. 20, 1978, 92 Stat. 1646.) § 1217. Annual report § 1211. Prohibition against issuance of stock or The corporation shall, as soon as practicable payment of dividends after the end of each fiscal year, submit a report The corporation shall have no power to issue to each House of the Congress with respect to any shares of stock or to declare or pay any the activities of the corporation during the pre- dividends. ceding fiscal year. Page 167 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 1301

(Pub. L. 95–493, § 17, Oct. 20, 1978, 92 Stat. 1647.) Mrs. Andrew J. Bennett, Junior, Baton Rouge, Louisiana; § 1218. Reservation of right to amend or repeal Rocky Bleier, Pittsburgh, Pennsylvania; chapter Frank J. Brennan, Fort Washington, Penn- The right to alter, amend, or repeal this chap- sylvania; ter is expressly reserved to the Congress. N. Brewster Broder, Southfield, Michigan; Mrs. Edward G. Brown, Millbrook, New (Pub. L. 95–493, § 18, Oct. 20, 1978, 92 Stat. 1647.) York; § 1219. Exemption from certain taxes Mrs. Joseph O. Butcher, Bloomington, Indi- ana; Notwithstanding section 105 of title 4, United Marvin E. Cardoza, San Francisco, Califor- States Code, or title 47, chapter 26 of the Dis- nia; trict of Columbia Code (1973), or any other provi- Zebedee C. Chaney, Junior, New York, New sion of the District of Columbia Code, the Cor- York; poration shall not be required to pay, collect, or Louis J. Cohen, Newark, New Jersey; account for any tax specified in such sections John B. Coleman, Chicago, Illinois; applicable to taxable events occurring within Gilbert Colgate, Junior, New York, New the United States Capitol building and grounds York; on or after January 1, 1964. Robert K. Corn, Papillion, Nebraska; (Pub. L. 95–493, § 19, as added Pub. L. 97–447, Jan. Kathryn Grant Crosby, Beverly Hills, Cali- 12, 1983, 96 Stat. 2364.) fornia; Edward J. Daly, Oakland, California; REFERENCES IN TEXT Richard J. Davis, Junior, Arlington, Vir- Title 47, chapter 26 of the District of Columbia Code ginia; (1973), referred to in text, is covered in chapter 20 of General Michael S. Davison, United States title 47 of the District of Columbia Code (1981). Army (retired), Washington, District of Co- CHAPTER 45—UNITED SERVICE lumbia; ORGANIZATIONS, INC. Colonel Peter Dawkins, United States Army, Fort Campbell, Kentucky; Sec. John W. Dixon, Dallas, Texas; 1301. Corporation created. Mikki Ehrenfeld, Lincoln, Massachusetts; 1302. Objects and purposes of corporation. E. Stanley Enlund, Chicago, Illinois; 1303. Powers of corporation. 1304. Restrictions. Kimball C. Firestone, Potomac, Maryland; (a) Political activities. Mrs. Maxine Flournoy, Alice, Texas; (b) Issuance of stock; dividends. Robert G. Geib, New York, New York; (c) Use of assets on dissolution or liq- Rear Admiral Lawrence R. Geis, United uidation. States Navy (retired), Jacksonville, Florida; (d) Distribution of income or assets to Jacob Goodstein, New York, New York; members. Theodore J. Hagans, Junior, Washington, (e) Loans. District of Columbia; 1305. Governance of corporation. (a) Membership. Mrs. Henry E. Harriman, Junior, San Diego, (b) Board of governors. California; (c) Other governing bodies. John Halliburton, Kerrville, Texas; (d) Officers. Ronald E. Herington, New Bedford, Massa- 1306. Acquisition of assets and liabilities of exist- chusetts; ing corporation; retention of State cor- Mrs. Margaret Howard Ismaila, Cleveland, porate status. Ohio; 1307. Exclusive right to names, insignia, emblems, and badges. Eugene Jelesnik, Salt Lake City, Utah; 1308. Assistance by Government agencies. Major General Orris E. Kelly, United States 1309. Miscellaneous provisions. Army, Washington, District of Columbia; (a) Principal office; territorial scope of Robert P. Kelsey, Junior, Boston, Massachu- activities. setts; (b) Agent for service of process. Donald R. Keough, Atlanta, Georgia; (c) Local agents for service of process. Ralph B. Kohnen, Junior, Cincinnati, Ohio; (d) Books and records; inspection. (e) Annual report. James J. Lazarus, Kearny, New Jersey; (f) Audit of financial transactions. Honorable John Davis Lodge, Westport, Con- (g) Omitted. necticut; (h) Reservation of right to amend or re- Honorable Al G. Loehr, Saint Cloud, Min- peal chapter. nesota; Morgan Maxfield, North Kansas City, Mis- § 1301. Corporation created souri; The following persons, to wit: Mrs. Andrew M. McBurney, New York, New Colonel Paul Akst, United States Air Force York; (retired), New York, New York; Fred M. McCahey, Winnetka, Illinois; Robert C. Andrews, Nashville, Tennessee; Brigadier General Martin Menter, United Mary Louise Austin, Atlanta, Georgia; States Air Force (retired), Chevy Chase, Mary- Alden G. Barber, Menlo Park, California; land; James E. Barrett, Washington, District of Ms. Mary Wells Milam, Miami, Florida; Columbia; Nick J. Mileti, Gates Mills, Ohio; Alfred D. Bell, Junior, Burlingame, Califor- Donald L. Miller, New York, New York; nia; Doctor Ron Miller, Brooklyn, New York; § 1302 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 168

Fred Much, Houston, Texas; tion Army, the National Jewish Welfare Board, Doctor Frank L. Myers, Avenel, New Jersey; the Travelers Aid-International Social Service Chief Commissaryman Robert A. Nolan, of America, and other civilian agencies experi- United States Navy (retired), Washington, Dis- enced in specialized types of related work, which trict of Columbia; may be needed adequately to meet particular Leo Perlis, Washington, District of Colum- needs of the members of the Armed Forces, may bia; carry on their historic work of serving the spir- Robert B. Pirie, Washington, District of Co- itual, religious, social, welfare, educational, and lumbia; entertainment needs of such men and women Joseph Robbie, Miami, Florida; and be afforded an appropriate means of partici- Vincent J. Romeo, Flat Rock, North Caro- pation and financial assistance; to coordinate lina; their programs, and to accept the cooperation of Lieutenant Colonel James H. Ryan, United individual citizens in accomplishing its pur- States Army (retired), Mount Rainier, Mary- poses. The corporation shall have such other ob- land; jects and purposes as are consonant with the Theodore R. Serrill, Edgewater, Maryland; above. Mrs. Charles H. Sethness, Junior, Chicago, (Pub. L. 96–165, § 2, Dec. 29, 1979, 93 Stat. 1268.) Illinois; Joseph H. Singer, Somerville, New Jersey; Colonel C. Haskell Small, United States SECTION REFERRED TO IN OTHER SECTIONS Army (retired), Washington, District of Co- This section is referred to in sections 1303, 1304, 1305 lumbia; of this title. Robert A. Staub, New York, New York; Dorothy C. Stephens, Washington, District of Columbia; § 1303. Powers of corporation Warren Titus, Boston, Massachusetts; The corporation shall have all the powers nec- Martin Tucker, New York, New York; essary and proper to accomplish the objects and Mrs. Pearl Scott Tyler, Boston, Massachu- purposes set forth in section 1302 of this title. setts; Without limiting the generality of the fore- Mrs. Audrey Ullman, Arlington, Virginia; going, the corporation shall have the following Mrs. Paula Unruh, Tulsa, Oklahoma; specific powers: Jeff Wald, Beverly Hills, California; (a) To enact and amend bylaws, rules, and reg- Doctor Seymour S. Weisman, Norwalk, Con- ulations for its internal governance and man- necticut; agement, not inconsistent with this chapter or William G. Whyte, Washington, District of other provisions of law. Columbia; (b) To establish, regulate, and terminate Clifford R. Williams, Milwaukee, Wisconsin; State, regional, local, and overseas councils, or- Julius E. Williams, New York, New York; ganizations, chapters, or affiliates in such man- Michael Collins, Washington, District of Co- ner and by such rules as it deems appropriate so lumbia; as to enable it to carry out its powers and ac- and their successors are hereby created and de- complish the objects and purposes set forth in clared to be a body corporate having the name section 1302 of this title. United Service Organizations, Incorporated (c) To solicit and raise funds for the accom- (hereinafter the ‘‘corporation’’). The said cor- plishment of its purposes, and to accept gifts, poration shall have perpetual existence and the legacies, devises, and support in furtherance powers, limitations, and restrictions herein con- thereof. tained. (d) To acquire, hold, and dispose of such real and personal property as may be necessary to (Pub. L. 96–165, § 1, Dec. 29, 1979, 93 Stat. 1267.) carry out the corporate purposes; to sell, mort- SECTION REFERRED TO IN OTHER SECTIONS gage, or lease any of its real property if author- This section is referred to in section 1305 of this title. ized by its board of governors. (e) To make and enter into contracts. § 1302. Objects and purposes of corporation (f) To borrow money for the purposes of the corporation, issue bonds therefor, and secure the The objects and purposes of the corporation same by mortgage, subject in every case to all are to provide a voluntary civilian agency applicable provisions of Federal and State law. through which the people of this Nation may, in (g) To adopt and alter a corporate seal, em- peace or war, serve the religious, spiritual, so- blems, and marks. cial, welfare, educational, and entertainment (h) To choose such officers, representatives, needs of the men and women in the Armed and agents as may be necessary to carry out the Forces within or without the territorial limits corporate purposes. of the United States, and in general, to contrib- (i) To establish and maintain offices for the ute to the maintenance of morale of such men conduct of the affairs of the corporation. and women; to solicit funds for the maintenance (j) To publish a newspaper, magazine, or other of the organization and the accomplishment of publications. its responsibility; to accept the cooperation of (k) To sue and be sued in any court. and to provide an organization and a means (l) To do any and all acts and things necessary through which the National Board of Young and proper to accomplish the foregoing specifi- Men’s Christian Associations, National Board of cally enumerated purposes. Young Women’s Christian Associations, Na- tional Catholic Community Service, the Salva- (Pub. L. 96–165, § 3, Dec. 29, 1979, 93 Stat. 1269.) Page 169 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 1307

§ 1304. Restrictions persons designated by the President of the United States, and such representatives of the (a) Political activities organizations listed in section 1302 of this title The corporation shall be nonpolitical and, as and of the public at large as shall be specified in an organization, shall not furnish financial aid the bylaws. The rights, privileges, and designa- or assistance to, or otherwise promote the can- tions of the classes of members shall also be as didacy of, any person seeking elective public of- specified in the bylaws. fice. No substantial part of the activities of the (b) Board of governors corporation shall involve carrying on propaganda, or otherwise attempting to influence leg- The management of the corporation shall be islation. entrusted to a board of governors, which shall be responsible for the general policies and program (b) Issuance of stock; dividends of the corporation and for the control of its af- The corporation shall have no power to issue fairs and property. Upon the enactment of this any shares of capital stock, or to declare or pay charter and for not more than one year there- any dividends. It shall also have no power to en- after, the membership of the initial board of gage in any business activity for pecuniary prof- governors of the corporation created hereunder it unless the activity is substantially related to shall consist of the present members of the the carrying out of its objects and purposes, as board of governors of the New York corporation. set forth in section 1302 of this title, or the rais- Thereafter, the board of governors shall be ing of funds for the accomplishment of said pur- elected by the members of the corporation for poses. such terms and in such classes as shall be speci- (c) Use of assets on dissolution or liquidation fied in the bylaws, and shall include the following persons: The property of the corporation is irrevocably (1) Six members appointed by the President dedicated to charitable purposes. Upon dissolu- of the United States. tion or final liquidation of the corporation, after (2) The Secretary of Defense, or his designee. discharge or satisfaction of all outstanding obli- (3) Such representatives of the organizations gations and liabilities, its remaining assets, if listed in section 1302 of this title and of the any, shall be distributed in accordance with the public at large as shall be specified in the by- determination of its board of governors, in com- laws. pliance with its bylaws and all Federal and State laws applicable thereto: Provided, however, (c) Other governing bodies That its property shall not, in any event, inure The corporation shall have such other govern- to the benefit of any private person except a ing bodies and committees as may be provided fund, foundation, association, or corporation op- for in its bylaws. erated exclusively for charitable purposes. (d) Officers (d) Distribution of income or assets to members The office of honorary chairman of the cor- No part of the income or assets of the corpora- poration shall be tendered to the President of tion shall inure to any member, governor, offi- the United States. Upon acceptance of such of- cer, or employee of the corporation or be distrib- fice, the honorary chairman shall be invited to utable to any person during the life of the cor- preside at such meetings of the corporation as poration or upon its dissolution or liquidation. he may deem appropriate and convenient. The Nothing in this subsection, however, shall be corporation shall have such other officers as construed to prevent the payment of reasonable may be designated in its bylaws. compensation for services rendered to officers and employees of the corporation and other per- (Pub. L. 96–165, § 5, Dec. 29, 1979, 93 Stat. 1270.) sons, or to prevent their reimbursement for ac- § 1306. Acquisition of assets and liabilities of ex- tual necessary expenses in amounts approved by isting corporation; retention of State cor- the corporation’s board of governors. porate status (e) Loans Upon the enactment of this charter, the cor- The corporation shall not make loans to its poration shall acquire the assets and assume the members, officers, governors, or employees. liabilities of the New York corporation. The (Pub. L. 96–165, § 4, Dec. 29, 1979, 93 Stat. 1269.) United Service Organizations, Incorporated, shall retain and maintain its existing status as § 1305. Governance of corporation a corporation incorporated under the laws of the State of New York, another State, or the Dis- (a) Membership trict of Columbia. The persons listed in section 1301 of this title are the present members of United Service Orga- (Pub. L. 96–165, § 6, Dec. 29, 1979, 93 Stat. 1271.) nizations, Incorporated, a corporation organized § 1307. Exclusive right to names, insignia, em- under the Not-for-Profit Corporation Law of the blems, and badges State of New York (hereinafter ‘‘the New York Corporation’’). Upon the enactment of this char- The corporation, its regional, State, and local ter, and for not more than one year thereafter, councils, organizations, chapters, and affiliates the said persons shall be the members of the cor- shall have the sole and exclusive right to use the poration hereunder. They shall adopt bylaws and names ‘‘United Service Organizations, Incor- perform all other acts necessary to complete the porated’’ and ‘‘USO’’ and such distinctive insig- organization of the corporation. Thereafter, the nia, emblems, and badges as the corporation members of the corporation shall consist of nine may lawfully adopt in carrying out its purposes. § 1308 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 170

(Pub. L. 96–165, § 7, Dec. 29, 1979, 93 Stat. 1271.) CODIFICATION Subsec. (g) provided for an amendment to section 1101 § 1308. Assistance by Government agencies of this title. The Department of Defense may make its re- CHAPTER 46—UNITED STATES HOLOCAUST sources available to the USO, to the extent com- MEMORIAL COUNCIL patible with the primary mission of the Depart- ment of Defense and in accordance with guide- Sec. lines promulgated by the Secretary of Defense, 1401. Council established; functions. in order to facilitate the accomplishment of the 1402. Membership. USO mission. (a) Composition of Council; appointment; vacancies. (Pub. L. 96–165, § 8, Dec. 29, 1979, 93 Stat. 1271.) (b) Composition of initial Council; tenure. § 1309. Miscellaneous provisions (c) Term of office. (d) Chairperson and Vice Chairperson; (a) Principal office; territorial scope of activities term of office; vacancies. The principal office of the corporation shall be (e) Reappointment. located in New York, New York, or in such other 1403. Compensation; travel expenses; full-time officers or employees of United States or Mem- place as may be later determined by the board of bers of Congress. governors, but the activities of the corporation 1404. Administrative provisions. shall not be confined to that place. The said ac- (a) Bylaws; quorum. tivities may be conducted throughout the var- (b) Experts and consultants. ious States, territories, and possessions of the (c) Contract authority. United States, and in foreign countries. (d) Assistance from other Federal departments and agencies. (b) Agent for service of process (e) Administrative services and support. The corporation shall maintain at all times in 1405. Staff. the District of Columbia a designated agent au- (a) Executive Director. (b) Appointment of employees. thorized to accept service of process for the cor- 1406. Memorial museum. poration. Service upon, or notice mailed to the (a) Transfer or purchase of real property business address of, such agent, shall be deemed in District of Columbia. notice to or service upon the corporation. (b) Architectural design approval. (c) Termination of construction and op- (c) Local agents for service of process eration authority. The corporation shall file in the office of the (d) Employees performing governmental secretary of each State, territory, or possession functions. of the United States in which the corporation or (e) Insurance. its local, State, or regional councils, organiza- 1407. Gifts, bequests, and devises of property; tax treatment. tions, chapters, or affiliates may have activities, 1408. Authorization of appropriations. the name and post office address of an author- 1409. Annual report. ized agent upon whom local process or demands 1410. Audit of financial transactions. against the corporation may be served. 1411. Report. (d) Books and records; inspection § 1401. Council established; functions The corporation shall keep correct and complete books and records of account and shall There is hereby established as an independent also keep minutes of the proceedings of its mem- Federal establishment the United States Holo- bers, and of its board of governors, or any com- caust Memorial Council (hereinafter in this mittee having any of the authority of the board chapter referred to as the ‘‘Council’’). The Coun- of governors; and shall keep at its principal of- cil shall— fice a record giving the names and addresses of (1) provide for appropriate ways for the Na- its members entitled to vote; and shall permit tion to commemorate the Days of Remem- all books and records of the corporation to be brance, as an annual, national, civic com- inspected by any member or his agent or his at- memoration of the holocaust, and shall en- torney for any purpose at any reasonable time. courage and sponsor appropriate observances of such Days of Remembrance throughout the (e) Annual report United States; The corporation shall make public an annual (2) plan, construct, and operate, a permanent report concerning its proceedings and activities living memorial museum to the victims of the for the preceding calendar year. holocaust, in cooperation with the Secretary (f) Audit of financial transactions of the Interior and other Federal agencies as provided in section 1406 1 of this title; and The provisions of sections 1102 and 1103 of this (3) develop a plan for carrying out the rec- title shall apply with respect to the corporation. ommendations of the President’s Commission (g) Omitted on the Holocaust in its report to the President of September 27, 1979, to the extent such rec- (h) Reservation of right to amend or repeal chap- ommendations are not otherwise provided for ter in this chapter. The right to alter, amend, or repeal this chap- (Pub. L. 96–388, § 1, Oct. 7, 1980, 94 Stat. 1547; Pub. ter is hereby expressly reserved to the Congress. L. 99–190, § 101(d) [title III, § 324(1)], Dec. 19, 1985, (Pub. L. 96–165, § 9, Dec. 29, 1979, 93 Stat. 1271, 1272.) 1 See Codification note below. Page 171 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 1403

99 Stat. 1224, 1267; Pub. L. 102–529, § 3(1), Oct. 27, (2) The terms of the five members of the 1992, 106 Stat. 3463.) United States House of Representatives and the five members of the United States Senate ap- CODIFICATION pointed during any term of Congress shall each Section 1406 of this title, referred to in par. (2), was expire at the end of such term of Congress. in the original ‘‘section 5’’, meaning section 5 of Pub. (3) Any member appointed to fill a vacancy oc- L. 96–388, which is classified to section 1405 of this title. This reference was translated as section 1406 of this curring before the expiration of the term for title, which was enacted by section 6 of Pub. L. 96–388, which his predecessor was appointed shall be ap- to reflect the probable intent of Congress in view of the pointed only for the remainder of such term. A subject matter of section 1406, which relates to the member, other than a Member of Congress ap- planning, construction, and operation of a permanent pointed by the Speaker of the United States living memorial museum to victims of the holocaust. House of Representatives or the President pro AMENDMENTS tempore of the United States Senate, may serve after the expiration of his term until his succes- 1992—Par. (2). Pub. L. 102–529 substituted ‘‘operate’’ sor has taken office. for ‘‘oversee the operation of’’. 1985—Pub. L. 99–190 inserted ‘‘as an independent Fed- (d) Chairperson and Vice Chairperson; term of eral establishment’’ after ‘‘established’’ in first sen- office; vacancies tence. (1) Except as provided in paragraph (2), the SECTION REFERRED TO IN OTHER SECTIONS Chairperson and Vice Chairperson of the Council This section is referred to in section 1406 of this title. shall be appointed by the President from among the members of the Council and such Chair- § 1402. Membership person and Vice Chairperson shall each serve for (a) Composition of Council; appointment; vacan- terms of five years. Vacancies in the offices of cies Chairperson and Vice Chairperson shall be filled, as they arise, by appointment of the President. The Council shall consist of sixty-five voting (2) The Chairperson and Vice Chairperson of members appointed (except as otherwise pro- the United States Holocaust Memorial Council, vided in this section) by the President and the as in effect immediately before October 1, 1980, following ex officio nonvoting members: are hereby designated respectively as the initial (1) one appointed by the Secretary of the In- Chairperson and Vice Chairperson of the Coun- terior; cil. Such initial Chairperson and Vice Chair- (2) one appointed by the Secretary of State, person shall serve until January 15, 1986. and (e) Reappointment (3) one appointed by the Secretary of Edu- cation. Members whose terms expire may be reappointed, and the Chairperson and Vice Chair- Of the sixty-five voting members, five shall be person may be reappointed to those offices. appointed by the Speaker of the United States House of Representatives from among members (Pub. L. 96–388, § 2, Oct. 7, 1980, 94 Stat. 1547; Pub. of the United States House of Representatives L. 97–84, § 1(1)–(3), Nov. 20, 1981, 95 Stat. 1097.) and five shall be appointed by the President pro AMENDMENTS tempore of the United States Senate upon the 1981—Subsec. (a). Pub. L. 97–84, § 1(1), increased size of recommendation of the majority and minority Council from sixty members to sixty-five members. leaders from among members of the United Subsec. (b). Pub. L. 97–84, § 1(2), substituted ‘‘are here- States Senate. Any vacancy in the Council shall by designated as members’’ for ‘‘are hereby designated be filled in the same manner as the original ap- as the initial members’’ and ‘‘All noncongressional vot- pointment was made. ing members designated under the preceding sentence’’ (b) Composition of initial Council; tenure for ‘‘Such initial members (other than the initial members appointed from the United States Senate or the The members of the United States Holocaust United States House of Representatives)’’ in provisions Memorial Council, as in effect immediately be- preceding par. (1), substituted ‘‘All such noncongres- fore October 7, 1980, are hereby designated as sional voting members’’ for ‘‘All initial members’’ in members of the Council. All noncongressional par. (1), substituted ‘‘eleven of such noncongressional voting members designated under the preceding voting members’’ for ‘‘ten of such initial members’’ in par. (2), substituted ‘‘eleven other such noncongres- sentence shall serve terms as follows: sional voting members’’ for ‘‘ten other initial mem- (1) All such noncongressional voting members’’ in par. (3), and struck out provision following bers shall serve until January 15, 1986. par. (3) which had provided that the terms of the initial (2) On January 15, 1986, the terms of eleven members appointed from the United States Senate and of such noncongressional voting members, as the United States House of Representatives would ex- designated in the bylaws of the Council, shall pire upon the expiration of the term of Congress in ses- terminate. sion on Oct. 7, 1980. (3) On January 15 of each year thereafter Subsec. (c)(1). Pub. L. 97–84, § 1(3), struck out ‘‘with respect to the initial members of the Council’’ after through 1990 the terms of eleven other such ‘‘Except as provided in subsection (b) of this section’’. noncongressional voting members, as designated in the bylaws of the Council, shall ter- § 1403. Compensation; travel expenses; full-time minate. officers or employees of United States or (c) Term of office Members of Congress (1) Except as provided in subsection (b) of this (a) Except as provided in subsection (b) of this section and except as otherwise provided in this section, members of the Council are each au- subsection, Council members shall serve for thorized to be paid the daily equivalent of the five-year terms. maximum annual rate of basic pay in effect for § 1404 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 172 grade GS–18 of the General Schedule for each under specified sections of Title 5, Government Organi- day (including traveltime) during which they zation and Employees, see section 529 [title I, § 101(c)(1)] are engaged in the actual performance of duties of Pub. L. 101–509, set out in a note under section 5376 of the Council. While away from their homes or of Title 5. regular places of business in the performance of APPOINTMENT OF MEMBERS OF COMMITTEES ASSOCIATED services for the Council, members of the Council WITH UNITED STATES HOLOCAUST MEMORIAL COUNCIL shall be allowed travel expenses, including per Pub. L. 100–202, § 101(g) [title II], Dec. 22, 1987, 101 diem in lieu of subsistence, in the same manner Stat. 1329–213, 1329–251, provided: ‘‘That hereafter per- as persons employed intermittently in Govern- sons other than members of the United States Holo- ment service are allowed expenses under section caust Memorial Council may be designated as members 5703 of title 5. of committees associated with the United States Holo- caust Memorial Council subject to appointment by the (b) Members of the Council who are full-time Chairman of the Council: Provided further, That any officers or employees of the United States or persons so designated shall serve without cost to the Members of the Congress shall receive no addi- Federal Government’’. tional pay by reason of their service on the Similar provisions were contained in the following Council. prior appropriation acts: Pub. L. 99–500, § 101(h) [title II], Oct. 18, 1986, 100 Stat. (Pub. L. 96–388, § 3, Oct. 7, 1980, 94 Stat. 1548.) 1783–242, 1783–283, and Pub. L. 99–591, § 101(h) [title II], Oct. 30, 1986, 100 Stat. 3341–242, 3341–283. REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY Pub. L. 99–190, § 101(d) [title II], Dec. 19, 1985, 99 Stat. RATES 1224, 1262.

References in laws to the rates of pay for GS–16, 17, WAIVER OF HOLOCAUST MEMORIAL COUNCIL BYLAWS or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable Pub. L. 100–202, § 101(g) [title II], Dec. 22, 1987, 101 under specified sections of Title 5, Government Organi- Stat. 1329–213, 1329–251, provided: ‘‘That hereafter the zation and Employees, see section 529 [title I, § 101(c)(1)] Chairman of the Council may waive any Council bylaw of Pub. L. 101–509, set out in a note under section 5376 when the Chairman determines such waiver will be in of Title 5. the best interest of the Council: Provided further, That hereafter immediately after taking such action the § 1404. Administrative provisions Chairman shall send written notice to every voting member of the Council and such waiver shall become (a) Bylaws; quorum final if 30 days after the Chairman has sent such notice, The Council shall adopt bylaws to carry out a majority of Council members do not disagree in writing with the action taken’’. its functions under this chapter. One-third of Similar provisions were contained in the following the members of the Council shall constitute a prior appropriation act: quorum, and any vacancy in the Council shall Pub. L. 99–500, § 101(h) [title II], Oct. 18, 1986, 100 Stat. not affect its powers to function. 1783–242, 1783–283, and Pub. L. 99–591, § 101(h) [title II], Oct. 30, 1986, 100 Stat. 3341–242, 3341–283. (b) Experts and consultants The Council may obtain the services of experts § 1405. Staff and consultants in accordance with the provi- (a) Executive Director sions of section 3109 of title 5, at rates not to ex- There shall be an Executive Director of the ceed the daily equivalent of the maximum an- Holocaust Memorial Museum who shall be ap- nual rate of basic pay in effect for grade GS–18 pointed by the Chairperson of the Council, sub- of the General Schedule. ject to confirmation of the Council, who may be (c) Contract authority paid with nonappropriated funds, and who, if The Council may, in accordance with applica- paid with appropriated funds, shall be paid at a ble law, enter into contracts and other arrange- rate not to exceed the maximum rate of basic ments with public agencies and with private or- pay payable for GS–18 of the General Schedule. ganizations and persons and may make such The Executive Director shall serve at the pleas- payments as may be necessary to carry out its ure of the Council. functions under this chapter. (b) Appointment of employees (d) Assistance from other Federal departments The Executive Director shall have authority and agencies to— (1) appoint employees in the competitive The Secretary of the Smithsonian Institution, service subject to the provisions of chapter 51 the Library of Congress, and all executive and subchapter III of chapter 53 of title 5 re- branch departments, agencies, and establish- lating to classification and general schedule ments of the United States may assist the Coun- pay rates; and cil in the performance of its functions under this (2) appoint and fix the compensation (at a chapter. rate not to exceed the maximum rate of basic (e) Administrative services and support pay payable for GS–18 of the General Sched- The Secretary of the Interior may provide ad- ule) of up to three employees notwithstanding ministrative services and support to the Council any other provision of law; and on a reimbursable basis. (3) implement decisions of the Council, in the manner directed by the Council, and per- (Pub. L. 96–388, § 4, Oct. 7, 1980, 94 Stat. 1548.) form such other functions as may be assigned from time to time by the Council, the Execu- REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY RATES tive Committee of the Council, or the Chair- person of the Council. References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General (Pub. L. 96–388, § 5, Oct. 7, 1980, 94 Stat. 1549; Pub. Schedule, to be considered references to rates payable L. 97–84, § 1(4), Nov. 20, 1981, 95 Stat. 1097; Pub. L. Page 173 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 1406

100–71, title I, § 101, July 11, 1987, 101 Stat. 418; ning Commission, any real property in the Dis- Pub. L. 103–138, title III, § 309, Nov. 11, 1993, 107 trict of Columbia which is under the administra- Stat. 1416.) tive jurisdiction of such department, agency, or instrumentality and which is deemed suitable AMENDMENTS by the Council for such memorial. With the ap- 1993—Subsec. (a). Pub. L. 103–138 substituted ‘‘There proval of the Secretary of the Interior, in con- shall be an Executive Director of the Holocaust Memo- sultation with the Commission of Fine Arts and rial Museum who shall be appointed by the Chairperson the National Capital Planning Commission, the of the Council, subject to confirmation of the Council, Council may purchase, with the consent of the who may be paid with nonappropriated funds, and who, if paid with appropriated funds,’’ for ‘‘The Council owner thereof, any real property within the Dis- shall, without regard to section 5311(b) of title 5, have trict of Columbia which it deems suitable for an Executive Director who shall be appointed by the purposes of establishing such memorial mu- Chairperson of the Council, subject to confirmation of seum. the Council and who’’. (b) Architectural design approval 1987—Subsec. (a). Pub. L. 100–71 substituted ‘‘the Chairperson of the Council, subject to confirmation of The architectural design for such memorial the Council’’ for ‘‘the President upon the recommenda- museum shall be subject to the approval of the tion of the Chairperson of the Council’’ and inserted Secretary of the Interior, in consultation with provision at end that the Executive Director serve at the Commission of Fine Arts and the National pleasure of Council. Capital Planning Commission. Subsec. (b)(3). Pub. L. 100–71 added par. (3). 1981—Subsec. (b). Pub. L. 97–84 substituted provisions (c) Termination of construction and operation granting the Executive Director authority to (1) ap- authority point employees in the competitive service subject to The authority conferred pursuant to this chap- the provisions of chapter 51 and subchapter III of chapter 53 of title 5 relating to classification and general ter for the construction and operation of the schedule pay rates, and (2) appoint and fix the com- memorial museum shall lapse on the date five pensation (at a rate not to exceed the maximum rate of years after October 7, 1980 unless (1) the erection basic pay payable for GS–18 of the General Schedule) of or establishment of such memorial is com- up to three employees notwithstanding any other pro- menced within such five year period, and (2) vision of law for provisions which authorized the Exec- prior to the commencement, the Secretary of utive Director, without regard to section 5311(b) of title the Interior certifies that funds are available in 5, to appoint and fix the pay of such additional person- an amount sufficient, in the judgment of the nel as the Director considered appropriate and which also provided that the Executive Director and staff of Secretary, to ensure completion of the memorial the Council be appointed subject to the provisions of museum. title 5 governing appointments in the competitive serv- (d) Employees performing governmental func- ice, and be paid in accordance with the provisions of tions chapter 51 and subchapter III of chapter 53 of title 5 relating to classifications and General Schedule pay All employees of the memorial who 1 on April rates. 1, 1993, including employees currently on excepted appointments covered under schedules A, REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY B, and C who are performing inherently govern- RATES mental functions which will continue after the References in laws to the rates of pay for GS–16, 17, opening of the museum shall be brought into the or 18, or to maximum rates of pay under the General competitive service in accordance with the clas- Schedule, to be considered references to rates payable sification and pay policy guidelines contained in under specified sections of Title 5, Government Organi- 2 zation and Employees, see section 529 [title I, § 101(c)(1)] title V of the United States Code. of Pub. L. 101–509, set out in a note under section 5376 (e) Insurance of Title 5. The Council shall maintain insurance on the MEMORIAL EMPLOYEES BROUGHT INTO COMPETITIVE memorial museum to cover such risks, in such SERVICE amount, and containing such terms and condi- Pub. L. 102–381, title II, Oct. 5, 1992, 106 Stat. 1415, pro- tions as the Council deems necessary. vided in part: ‘‘That all employees of the memorial on (Pub. L. 96–388, § 6, Oct. 7, 1980, 94 Stat. 1549; Pub. April 1, 1993, including employees currently on excepted L. 102–529, § 3(2), Oct. 27, 1992, 106 Stat. 3463.) appointments covered under schedules A, B, and C, who are performing inherently governmental functions AMENDMENTS which will continue after the opening of the museum shall be brought into the competitive service in accord- 1992—Subsecs. (d), (e). Pub. L. 102–529 added subsecs. ance with the classification and pay policy guidelines (d) and (e). contained in title V [5] of the United States Code.’’ TRANSFER OF AUDITORS WEST BUILDING (ANNEX 3); RESPONSIBILITY FOR REPAIRS AND ALTERATIONS § 1406. Memorial museum Pub. L. 101–45, title II, June 30, 1989, 103 Stat. 125, pro- (a) Transfer or purchase of real property in Dis- vided that: trict of Columbia ‘‘Notwithstanding any other provision of law, the Ad- ministrator of General Services (Administrator) shall For purposes of establishing the memorial mu- transfer to the administrative jurisdiction of the Holo- seum referred to in paragraph (2) of section 1401 caust Memorial Council (Council), without consider- of this title, any department, agency, or instru- ation, the Auditors West Building (Annex 3) located at mentality of the United States is authorized to Raoul Wallenberg Place and Independence Avenue transfer to the administrative jurisdiction of Southwest, Washington, District of Columbia. the Council, with the approval of the Secretary of the Interior in consultation with the Commis- 1 So in original. The word ‘‘who’’ probably should not appear. sion of Fine Arts and the National Capital Plan- 2 So in original. Probably should be title ‘‘5’’. § 1407 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 174

‘‘Prior to such transfer of jurisdiction to the Council, thorized to be appropriated to carry out the purposes of the Council shall agree to perform all necessary repairs this chapter $722,000 for the fiscal year 1981, $800,000 for and alterations to the Auditors West Building so as to the fiscal year 1982, and $850,000 for the fiscal year 1983: renovate the exterior of the Auditors West Building in Provided, however, That notwithstanding any other pro- a manner consistent with preservation of the historic vision of this chapter, none of the funds authorized architecture of the building, and to preserve the struc- herein may be available for construction. Authority to tural integrity of the building. The Council, prior to enter into contracts and to make payments under this such transfer, shall furnish to the Administrator, for chapter, using funds authorized to be appropriated his approval, a plan detailing the repairs and alter- under this section, shall be effective only to the extent, ations proposed, dates for completion of the work, and and in such amounts, as provided in advance in appro- funding availability. priation Acts.’’ ‘‘In the event the Council ceases to exist, administrative jurisdiction of the Auditors West Building (Annex § 1409. Annual report 3) shall revert to the General Services Administra- tion.’’ The Executive Director shall make a full report annually to the Congress of his stewardship SECTION REFERRED TO IN OTHER SECTIONS of the authority to construct, operate, and This section is referred to in section 1401 of this title. maintain the Holocaust Museum, including an accounting of all financial transactions involv- § 1407. Gifts, bequests, and devises of property; ing donated funds. tax treatment (Pub. L. 96–388, [§ 9], as added Pub. L. 99–190, The Council may solicit, accept, hold, admin- § 101(d) [title III, § 324(3)], Dec. 19, 1985, 99 Stat. ister, invest, and use gifts, bequests, and devises 1224, 1267.) of property, both real and personal, to aid or facilitate the construction, maintenance, and op- § 1410. Audit of financial transactions eration of the memorial. Property may be accepted pursuant to this section, and the prop- Financial transactions of the Council, includ- erty and the proceeds thereof used as nearly as ing those involving donated funds, shall be au- possible in accordance with the terms of the dited by the Comptroller General as requested gift, bequest, or devise donating such property. by the Congress, in accordance with generally Funds donated to and accepted by the Council accepted auditing standards. In conducting any pursuant to this section are not to be regarded audit pursuant to this section, appropriate rep- as appropriated funds and are not subject to any resentatives of the Comptroller General shall requirements or restrictions applicable to appro- have access to all books, accounts, financial priated funds. For the purposes of Federal in- records, reports, files and other papers, items or come, estate, and gift taxes, property accepted property in use by the Council, as necessary to under this section shall be considered as a gift, facilitate such audit, and such representatives bequest, or devise to the United States. shall be afforded full facilities for verifying transactions with the balances. (Pub. L. 96–388, § 7, Oct. 7, 1980, 94 Stat. 1549; Pub. L. 99–190, § 101(d) [title III, § 324(2)], Dec. 19, 1985, (Pub. L. 96–388, [§ 10], as added Pub. L. 99–190, 99 Stat. 1224, 1267.) § 101(d) [title III, § 324(3)], Dec. 19, 1985, 99 Stat. 1224, 1267.) AMENDMENTS 1985—Pub. L. 99–190 inserted ‘‘invest,’’ after ‘‘admin- § 1411. Report ister,’’ in first sentence, and inserted provisions relat- The Council shall submit to Congress by June ing to funds donated to and accepted by the Council not 30, 1995, a report containing each of the follow- being regarded as appropriated funds. ing: § 1408. Authorization of appropriations (1) A description of the extent to which the objectives of this chapter are being met. To carry out the purposes of this chapter there (2) An examination of future major endeav- are authorized to be appropriated such sums as ors, initiatives, programs, or activities that may be necessary for fiscal year 1993 and for the Council or museum proposes to undertake each succeeding fiscal year through fiscal year to better fulfill the objectives of this chapter. 2000. Notwithstanding any other provision of (3) An examination of the Federal role in the law, there are authorized to be appropriated to funding of the Council and its activities, and the Council such amounts as may be necessary any changes that may be warranted. to obtain, from a private insurance carrier, insurance against loss in connection with the me- (Pub. L. 96–388, § 11, as added Pub. L. 102–529, § 2, morial museum and related property and exhib- Oct. 27, 1992, 106 Stat. 3463.) its. Notwithstanding any other provision of this chapter, no funds authorized under this chapter CHAPTER 47—NATIONAL SKI PATROL may be used for construction. Authority to SYSTEM, INC. enter into contracts and to make payments Sec. under this chapter, using funds authorized to be 1501. Recognition as corporation and grant of Fed- appropriated under this section shall be effec- eral charter. tive only to the extent, and in such amounts, as 1502. Powers of corporation. provided in advance in appropriations Acts. 1503. Purposes of corporation. 1504. Service of process. (Pub. L. 96–388, § 8, Oct. 7, 1980, 94 Stat. 1549; Pub. 1505. Membership. L. 102–529, § 1, Oct. 27, 1992, 106 Stat. 3463.) 1506. Board of directors. 1507. Officers. AMENDMENTS 1508. Restrictions. 1992—Pub. L. 102–529 amended section generally. Prior (a) Distribution of income or assets to to amendment, section read as follows: ‘‘There is au- members. Page 175 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 1511

Sec. § 1507. Officers (b) Loans. (c) Political activities. The officers of the corporation and the elec- (d) Issuance of stock; dividends. tion of such officers shall be the same as is pro- 1509. Liability for acts of officers and agents. vided for in the articles of incorporation of the 1510. Books and records; inspection. corporation and in conformity with the laws of 1511. Annual report. the State or States where incorporated. 1512. Reservation of right to amend or repeal chapter. (Pub. L. 96–489, § 7, Dec. 2, 1980, 94 Stat. 2554.) 1513. ‘‘State’’ defined. 1514. Tax-exempt status. § 1508. Restrictions § 1501. Recognition as corporation and grant of (a) Distribution of income or assets to members Federal charter No part of the income or assets of the corpora- National Ski Patrol System, Incorporated, a tion shall inure to any member, officer, or direc- corporation organized under the laws of the tor of the corporation or be distributed to any States of New York and Colorado is hereby rec- such person during the life of this charter. Noth- ognized as such and granted a Federal charter. ing in this subsection shall be construed to prevent the payment of reasonable compensation to (Pub. L. 96–489, § 1, Dec. 2, 1980, 94 Stat. 2553.) officers of the corporation or reimbursement for § 1502. Powers of corporation actual necessary expenses in amounts approved by the board of directors. National Ski Patrol System, Incorporated (b) Loans (hereinafter referred to as the ‘‘corporation’’) shall have only those powers granted to it The corporation shall not make any loan to through its bylaws and articles of incorporation any officer, director, or employee of the corpora- filed in the States where it is incorporated. tion. (c) Political activities (Pub. L. 96–489, § 2, Dec. 2, 1980, 94 Stat. 2553.) The corporation and any officer and director § 1503. Purposes of corporation of the corporation, acting as such officer or di- The purposes of the corporation shall be to rector, shall not contribute to, support or other- promote, in any and all ways, patriotic, sci- wise participate in any political activity or in entific, educational and civic improvement ac- any manner attempt to influence legislation. tivities, public safety in skiing, including, with- (d) Issuance of stock; dividends out limiting the generality of the foregoing, the The corporation shall have no power to issue dissemination of information with respect there- any shares of stock nor to declare or pay any to and the formation of volunteer local patrols, dividends. consisting of competent skiers trained in the administration of first aid, for the purpose of pre- (Pub. L. 96–489, § 8, Dec. 2, 1980, 94 Stat. 2554.) venting accidents and rendering speedy assist- § 1509. Liability for acts of officers and agents ance to persons sustaining accidents; to solicit contributions of money, services, and other The corporation shall be liable for the acts of property for, and generally to encourage and as- its officers and agents when acting within the sist in carrying out, the foregoing purposes in scope of their authority. every way. (Pub. L. 96–489, § 9, Dec. 2, 1980, 94 Stat. 2554.) (Pub. L. 96–489, § 3, Dec. 2, 1980, 94 Stat. 2553.) § 1510. Books and records; inspection § 1504. Service of process The corporation shall keep correct and com- With respect to service of process, the corpora- plete books and records of account and shall tion shall comply with the laws of the States in keep minutes of any proceeding of the corpora- which it is incorporated and those States in tion involving any of its members, the board of which it carries on its activities in furtherance directors, or any committee having authority of its corporate purposes. under the board of directors. The corporation (Pub. L. 96–489, § 4, Dec. 2, 1980, 94 Stat. 2553.) shall keep at its principal office a record of the names and addresses of all members having the § 1505. Membership right to vote. All books and records of such corporation may be inspected by any member hav- Eligibility for membership in the corporation ing the right to vote, or by any agent or attor- and the rights and privileges of members shall, ney of such member, for any proper purpose, at except as provided in this chapter, be as pro- any reasonable time. However, nothing in this vided in the bylaws of the corporation. section shall be construed to contravene any ap- (Pub. L. 96–489, § 5, Dec. 2, 1980, 94 Stat. 2553.) plicable State law. § 1506. Board of directors (Pub. L. 96–489, § 10, Dec. 2, 1980, 94 Stat. 2554.) The board of directors of the corporation and § 1511. Annual report the responsibilities thereof shall be as provided The corporation shall report annually to the in the articles of incorporation of the corpora- Congress concerning the activities of the cor- tion and in conformity with the laws of the poration during the preceding calendar year. State or States where incorporated. The report shall not be printed as a public docu- (Pub. L. 96–489, § 6, Dec. 2, 1980, 94 Stat. 2553.) ment. § 1512 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 176

(Pub. L. 96–489, § 12, Dec. 2, 1980, 94 Stat. 2554.) ments for holding office within the organization which does not discriminate on the basis § 1512. Reservation of right to amend or repeal of race, color, religion, or national origin; chapter (b) organized and operated solely for patri- The right to alter, amend, or repeal this chap- otic, charitable, literary, educational, sci- ter is expressly reserved to the Congress. entific, or civic improvement purposes; and (c) organized for those purposes stated in its (Pub. L. 96–489, § 13, Dec. 2, 1980, 94 Stat. 2555.) articles of incorporation which are not incon- § 1513. ‘‘State’’ defined sistent with any of the foregoing objects and purposes. For purposes of this chapter, the term ‘‘State’’ (Pub. L. 96–497, § 3, Dec. 4, 1980, 94 Stat. 2595.) includes the District of Columbia, the Common- wealth of Puerto Rico, and the territories and § 1604. Service of process possessions of the United States. With respect to service of process, the corpora- (Pub. L. 96–489, § 14, Dec. 2, 1980, 94 Stat. 2555.) tion shall comply with the laws of the States in § 1514. Tax-exempt status which it is incorporated and those States in which it carries on its activities in furtherance The corporation shall retain its status as an of its corporate purposes. organization exempt from taxation as provided in title 26. If the corporation fails to retain such (Pub. L. 96–497, § 4, Dec. 4, 1980, 94 Stat. 2595.) status, the charter granted hereby shall expire. § 1605. Membership (Pub. L. 96–489, § 15, Dec. 2, 1980, 94 Stat. 2555.) Eligibility for membership in the corporation CHAPTER 48—GOLD STAR WIVES OF and the rights and privileges of members shall, AMERICA except as provided in this chapter, be as provided in the articles of incorporation and the by- Sec. laws of the corporation. 1601. Recognition as corporation and grant of Fed- eral charter. (Pub. L. 96–497, § 5, Dec. 4, 1980, 94 Stat. 2595.) 1602. Powers of corporation. 1603. Objects and purposes of corporation. § 1606. Board of directors 1604. Service of process. 1605. Membership. The board of directors of the corporation and 1606. Board of directors. the responsibilities thereof shall be as provided 1607. Officers. in the articles of incorporation of the corpora- 1608. Restrictions. tion and in conformity with the laws of the (a) Distribution of income or assets to State or States where incorporated. members. (b) Loans. (Pub. L. 96–497, § 6, Dec. 4, 1980, 94 Stat. 2596.) (c) Political activities. (d) Issuance of stock; dividends. § 1607. Officers 1609. Liability for acts of officers and agents. 1610. Books and records; inspection. The officers of the corporation and the elec- 1611. Annual report. tion of such officers shall be as is provided in 1612. Reservation of right to amend or repeal chap- the articles of incorporation of the corporation ter. and in conformity with the laws of the State or 1613. ‘‘State’’ defined. States where incorporated. 1614. Tax-exempt status. (Pub. L. 96–497, § 7, Dec. 4, 1980, 94 Stat. 2596.) § 1601. Recognition as corporation and grant of Federal charter § 1608. Restrictions Gold Star Wives of America, a corporation or- (a) Distribution of income or assets to members ganized and operating under the laws of the No part of the income or assets of the corpora- State of New York, is hereby recognized as such tion shall inure to any member, officer, or direc- and granted a Federal charter. tor of the corporation or be distributed to any (Pub. L. 96–497, § 1, Dec. 4, 1980, 94 Stat. 2595.) such person during the life of this charter. Noth- ing in this subsection shall be construed to pre- § 1602. Powers of corporation vent the payment of reasonable compensation to officers of the corporation or reimbursement for Gold Star Wives of America (hereinafter re- actual necessary expenses in amounts approved ferred to as the ‘‘corporation’’) shall have only by the board of directors. those powers granted to it through its bylaws and articles of incorporation filed in the State (b) Loans in which it is incorporated. The corporation shall not make any loan to (Pub. L. 96–497, § 2, Dec. 4, 1980, 94 Stat. 2595.) any officer, director, or employee of the corporation. § 1603. Objects and purposes of corporation (c) Political activities The objects and purposes of the corporation The corporation and any officer and director shall be, solely, that it is— of the corporation, acting as such officer or di- (a) organized and operated in the public in- rector, shall not contribute to, support or other- terest, as a nonpartisan and nonprofit organi- wise participate in any political activity or in zation, with terms of membership and require- any manner attempt to influence legislation. Page 177 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 1703

(d) Issuance of stock; dividends Sec. 1702. Powers of corporation. The corporation shall have no power to issue 1703. Objects and purposes of corporation. any shares of stock nor to declare or pay any 1704. Service of process. dividends. 1705. Membership. 1706. Board of directors. (Pub. L. 96–497, § 8, Dec. 4, 1980, 94 Stat. 2596.) 1707. Officers. 1708. Restrictions. § 1609. Liability for acts of officers and agents (a) Distribution of income or assets to The corporation shall be liable for the acts of members. its officers and agents when acting within the (b) Loans. scope of their authority and in accordance with (c) Political activities. (d) Issuance of stock; dividends. the laws of the States in which it carries on its (e) Claim of approval or authorization. activities. 1709. Liability for acts of officers and agents. (Pub. L. 96–497, § 9, Dec. 4, 1980, 94 Stat. 2596.) 1710. Books and records; inspection. 1711. Annual report. § 1610. Books and records; inspection 1712. Reservation of right to amend or repeal chapter. The corporation shall keep correct and com- 1713. ‘‘State’’ defined. plete books and records of account and shall 1714. Tax-exempt status. keep minutes of any proceeding of the corpora- 1715. Failure to comply with restrictions or provi- tion involving any of its members, the board of sions. directors, or any committee having authority § 1701. Recognition as corporation and grant of under the board of directors. The corporation Federal charter shall keep at its principal office a record of the names and addresses of all members having the Italian American War Veterans of the United right to vote. All books and records of such cor- States, organized and incorporated under the poration may be inspected by any member hav- Nonprofit Corporation Acts of the States of ing the right to vote, or by any agent or attor- California, Connecticut, Florida, Massachusetts, ney of such member, for any proper purpose, at New Jersey, New York, Ohio, Pennsylvania, and any reasonable time. However, nothing in this Rhode Island, is hereby recognized as such and is section shall be construed to contravene any ap- granted a charter. plicable State law. (Pub. L. 97–82, § 1, Nov. 20, 1981, 95 Stat. 1091.) (Pub. L. 96–497, § 10, Dec. 4, 1980, 94 Stat. 2596.) § 1702. Powers of corporation § 1611. Annual report Italian American War Veterans of the United The corporation shall report annually to the States (hereinafter referred to as the ‘‘corpora- Congress concerning the activities of the cor- tion’’) shall have only those powers granted to it poration during the preceding calendar year. through its bylaws and articles of incorporation The report shall not be printed as a public docu- filed in the State or States in which it is incor- ment. porated and subject to the laws of such State or States. (Pub. L. 96–497, § 12, Dec. 4, 1980, 94 Stat. 2597.) (Pub. L. 97–82, § 2, Nov. 20, 1981, 95 Stat. 1091.) § 1612. Reservation of right to amend or repeal chapter § 1703. Objects and purposes of corporation The right to alter, amend, or repeal this chap- The objects and purposes of the corporation ter is expressly reserved to the Congress. are those provided in its articles of incorporation and shall include the giving of patriotic al- (Pub. L. 96–497, § 13, Dec. 4, 1980, 94 Stat. 2597.) legiance to the United States of America, fidel- § 1613. ‘‘State’’ defined ity to its Constitution and laws, and support to the security of civil liberty and permanence of For purposes of this chapter, the term ‘‘State’’ free institutions; the stimulation of patriotism means the several States, the District of Colum- in the minds of all Americans by encouraging bia, the Commonwealth of Puerto Rico and the the study of the history of the United States; to territories and possessions of the United States. assure the preservation and defense of the (Pub. L. 96–497, § 14, Dec. 4, 1980, 94 Stat. 2597.) United States of America from all enemies without any reservation whatsoever; the preserva- § 1614. Tax-exempt status tion of the memories and records of patriotic The corporation shall retain its status as an service performed by men and women who organization exempt from taxation as provided served in the Armed Forces of the United States in title 26. If the corporation fails to retain such by gathering, collating, editing, publishing, and status, or if it fails to comply with the provi- exhibiting the memorabilia, data, records, mili- sions of this chapter, the charter granted hereby tary awards, decorations, citations of those who shall expire. served in the Armed Forces of the United States, and the promotion of peace, prosperity, (Pub. L. 96–497, § 15, Dec. 4, 1980, 94 Stat. 2597.) and good will between the peoples of the United CHAPTER 49—ITALIAN AMERICAN WAR States of America and the Republic of Italy. The VETERANS OF THE UNITED STATES corporation shall function as a veterans’ and patriotic organization as authorized by the laws of Sec. the State or States where it is incorporated. 1701. Recognition as corporation and grant of Fed- eral charter. (Pub. L. 97–82, § 3, Nov. 20, 1981, 95 Stat. 1091.) § 1704 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 178

§ 1704. Service of process (Pub. L. 97–82, § 8, Nov. 20, 1981, 95 Stat. 1092.) With respect to service of process, the corpora- § 1709. Liability for acts of officers and agents tion shall comply with the laws of the States in which it is incorporated and those States in The corporation shall be liable for the acts of which it carries on its activities in furtherance its officers and agents when acting within the of its corporate purposes. scope of their authority. (Pub. L. 97–82, § 4, Nov. 20, 1981, 95 Stat. 1091.) (Pub. L. 97–82, § 9, Nov. 20, 1981, 95 Stat. 1092.)

§ 1705. Membership § 1710. Books and records; inspection Any American citizen shall be eligible for The corporation shall keep correct and com- membership in the corporation who was honor- plete books and records of account and shall ably discharged from the Armed Forces of the keep minutes of any proceeding of the corpora- United States of America, and eligibility for tion involving any of its members, the board of membership in the corporation and the rights directors, or any committee having authority and privileges of members shall, except as pro- under the board of directors. The corporation vided in this chapter, be as provided in the by- shall keep at its principal office a record of the laws of the corporation. names and addresses of all members having the right to vote. All books and records of such cor- (Pub. L. 97–82, § 5, Nov. 20, 1981, 95 Stat. 1091.) poration may be inspected by any member having the right to vote, or by any agent or attor- § 1706. Board of directors ney of such member, for any proper purpose, at The board of directors of the corporation and any reasonable time. Nothing in this section the responsibilities thereof shall be as provided shall be construed to contravene any applicable in the articles of incorporation of the corpora- State law. tion and in conformity with the laws of the (Pub. L. 97–82, § 10, Nov. 20, 1981, 95 Stat. 1092.) State or States in which it is incorporated. (Pub. L. 97–82, § 6, Nov. 20, 1981, 95 Stat. 1092.) § 1711. Annual report The corporation shall report annually to the § 1707. Officers Congress concerning the activities of the cor- The officers of the corporation, and the elec- poration during the preceding fiscal year. Such tion of such officers shall be as is provided in annual report shall be submitted at the same the articles of incorporation of the corporation time as is the report of the audit required by and in conformity with the laws of the State or section 1101(54) of this title. The report shall not States wherein it is incorporated. be printed as a public document. (Pub. L. 97–82, § 7, Nov. 20, 1981, 95 Stat. 1092.) (Pub. L. 97–82, § 12, Nov. 20, 1981, 95 Stat. 1093.)

§ 1708. Restrictions REFERENCES IN TEXT Section 1101(54) of this title, referred to in text, was (a) Distribution of income or assets to members in the original ‘‘section 11 of this Act’’, meaning sec- No part of the income or assets of the corporation 11 of Pub. L. 97–82, which amended section 1101 of tion shall inure to any member, officer, or direc- this title to include the Italian American War Veterans tor of the corporation or be distributed to any of the United States within the definition of ‘‘private such person during the life of this charter. Noth- corporations established under Federal law’’. Section ing in this subsection shall be construed to pre- 1103 of this title requires a report to Congress on the annual audit of private corporations established under vent the payment of reasonable compensation to Federal law. the officers of the corporation or reimbursement for actual necessary expenses in amounts ap- § 1712. Reservation of right to amend or repeal proved by the board of directors. chapter (b) Loans The right to alter, amend, or repeal this chap- The corporation shall not make any loan to ter is expressly reserved to the Congress. any officer, director, or employee of the corpora- (Pub. L. 97–82, § 13, Nov. 20, 1981, 95 Stat. 1093.) tion. (c) Political activities § 1713. ‘‘State’’ defined The corporation and any officer and director For purposes of this chapter, the term ‘‘State’’ of the corporation, acting as such officer or di- includes the District of Columbia, the Common- rector, shall not contribute to, support or other- wealth of Puerto Rico, and the territories and wise participate in any political activity or in possessions of the United States. any manner attempt to influence legislation. (Pub. L. 97–82, § 14, Nov. 20, 1981, 95 Stat. 1093.) (d) Issuance of stock; dividends The corporation shall have no power to issue § 1714. Tax-exempt status any shares of stock nor to declare or pay any The corporation shall maintain its status as dividends. an organization exempt from taxation as pro- (e) Claim of approval or authorization vided in title 26. If the corporation fails to main- The corporation shall not claim congressional tain such status, the charter granted hereby approval or Federal Government authority for shall expire. any of its activities. (Pub. L. 97–82, § 15, Nov. 20, 1981, 95 Stat. 1093.) Page 179 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 1808

§ 1715. Failure to comply with restrictions or pro- formance of such acts of charity as provided for visions by the constitution and bylaws. If the corporation shall fail to comply with (Pub. L. 97–83, § 3, Nov. 20, 1981, 95 Stat. 1094.) any of the restrictions or provisions of this chapter, the charter granted hereby shall expire. § 1804. Service of process (Pub. L. 97–82, § 16, Nov. 20, 1981, 95 Stat. 1093.) With respect to service of process, the corporation shall comply with the laws of the States in CHAPTER 50—UNITED STATES SUBMARINE which it is incorporated and those States in VETERANS OF WORLD WAR II which it carries on its activities in furtherance of its corporate purposes. Sec. 1801. Recognition as corporation and grant of Fed- (Pub. L. 97–83, § 4, Nov. 20, 1981, 95 Stat. 1094.) eral charter. 1802. Powers of corporation. § 1805. Membership 1803. Objects and purposes of corporation. Eligibility for membership in the corporation 1804. Service of process. 1805. Membership. and the rights and privileges of members shall, 1806. Board of directors. except as provided in this chapter, be as pro- 1807. Officers. vided in the constitution and bylaws of the cor- 1808. Restrictions. poration. (a) Distribution of income or assets to members. (Pub. L. 97–83, § 5, Nov. 20, 1981, 95 Stat. 1094.) (b) Loans. § 1806. Board of directors (c) Political activities. (d) Issuance of stock; dividends. The board of directors of the corporation and (e) Claim of approval or authorization. the responsibilities thereof shall be as provided 1809. Liability for acts of officers and agents. in the articles of incorporation of the corpora- 1810. Books and records; inspection. 1811. Annual report. tion and in conformity with the laws of the 1812. Reservation of right to amend or repeal chap- State or States in which it is incorporated. ter. (Pub. L. 97–83, § 6, Nov. 20, 1981, 95 Stat. 1095.) 1813. ‘‘State’’ defined. 1814. Tax-exempt status. § 1807. Officers 1815. Failure to comply with restrictions or provisions. The officers of the corporation, and the election of such officers shall be as is provided in § 1801. Recognition as corporation and grant of the articles of incorporation of the corporation Federal charter and in conformity with the laws of the State or The United States Submarine Veterans of States wherein it is incorporated. World War II, incorporated under the Non-profit (Pub. L. 97–83, § 7, Nov. 20, 1981, 95 Stat. 1095.) Corporation Act of the State of New Jersey, and the State of Colorado, is hereby recognized as § 1808. Restrictions such and is granted a charter. (a) Distribution of income or assets to members (Pub. L. 97–83, § 1, Nov. 20, 1981, 95 Stat. 1094.) No part of the income or assets of the corporation shall inure to any member, officer, or direc- § 1802. Powers of corporation tor of the corporation or be distributed to any United States Submarine Veterans of World such person during the life of this charter. Noth- War II (hereinafter referred to as the ‘‘corpora- ing in this subsection shall be construed to pre- tion’’) shall have only those powers granted to it vent the payment of reasonable compensation to through its bylaws and articles of incorporation the officers of the corporation or reimbursement filed in the State or States in which it is incor- for actual necessary expenses in amounts ap- porated and subject to the laws of such State or proved by the board of directors. States. (b) Loans (Pub. L. 97–83, § 2, Nov. 20, 1981, 95 Stat. 1094.) The corporation shall not make any loan to any officer, director, or employee of the corpora- § 1803. Objects and purposes of corporation tion. The objects and purposes of the corporation (c) Political activities are those provided in its articles of incorpora- The corporation and any officer and director tion and shall include patriotism and loyalty to of the corporation, acting as such officer or di- the United States of America; the perpetuation rector, shall not contribute to, support or other- and establishment of memorials to the memory wise participate in any political activity or in of those shipmates who served aboard United any manner attempt to influence legislation. States submarines and gave their lives in sub- (d) Issuance of stock; dividends marine warfare during World War II; promotion The corporation shall have no power to issue of the spirit and unity that existed among the any shares of stock nor to declare or pay any United States Navy submarine crewmen during dividends. World War II; fostering general public awareness of life aboard submarines during World War II, (e) Claim of approval or authorization through securing, restoring, and displaying the The corporation shall not claim congressional submarines that were in service at that time; approval or Federal Government authority for sponsoring annual college scholarships; and per- any of its activities. § 1809 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 180

(Pub. L. 97–83, § 8, Nov. 20, 1981, 95 Stat. 1095.) (Pub. L. 97–83, § 15, Nov. 20, 1981, 95 Stat. 1096.) § 1809. Liability for acts of officers and agents § 1815. Failure to comply with restrictions or provisions The corporation shall be liable for the acts of its officers and agents when acting within the If the corporation shall fail to comply with scope of their authority. any of the restrictions or provisions of this (Pub. L. 97–83, § 9, Nov. 20, 1981, 95 Stat. 1095.) chapter, the charter granted hereby shall expire. (Pub. L. 97–83, § 16, Nov. 20, 1981, 95 Stat. 1096.) § 1810. Books and records; inspection The corporation shall keep correct and com- CHAPTER 51—AMERICAN COUNCIL OF plete books and records of account and shall LEARNED SOCIETIES keep minutes of any proceeding of the corpora- Sec. tion involving any of its members, the board of 1901. Recognition as corporation and grant of Fed- directors, or any committee having authority eral charter. under the board of directors. The corporation 1902. Powers of corporation. shall keep at its principal office a record of the 1903. Objects and purposes of corporation. names and addresses of all members having the 1904. Service of process. 1905. Membership. right to vote. All books and records of such cor- 1906. Board of directors. poration may be inspected by any member hav- 1907. Officers. ing the right to vote, or by any agent or attor- 1908. Restrictions. ney of such member, for any proper purpose, at (a) Distribution of income or assets to any reasonable time. Nothing in this section members. shall be construed to contravene any applicable (b) Loans. State law. (c) Political activities. (d) Issuance of stock; dividends. (Pub. L. 97–83, § 10, Nov. 20, 1981, 95 Stat. 1095.) (e) Claim of approval or authorization. 1909. Liability for acts of officers and agents. § 1811. Annual report 1910. Books and records; inspection. 1911. Annual report. The corporation shall report annually to the 1912. Reservation of right to amend or repeal chap- Congress concerning the activities of the cor- ter. poration during the preceding fiscal year. Such 1913. ‘‘State’’ defined. annual report shall be submitted at the same 1914. Tax-exempt status. time as in 1 the report of the audit required by section 1101(55) of this title. The report shall not § 1901. Recognition as corporation and grant of be printed as a public document. Federal charter (Pub. L. 97–83, § 12, Nov. 20, 1981, 95 Stat. 1096.) The American Council of Learned Societies, organized and incorporated under the Nonprofit REFERENCES IN TEXT Corporation Act of the District of Columbia Section 1101(55) of this title, referred to in text, was [D.C. Code, § 29–501 et seq.], is hereby recognized in the original ‘‘section 11 of this Act’’, meaning sec- as such and is granted a charter. tion 11 of Pub. L. 97–83, which amended section 1101 of this title to include the United States Submarine Vet- (Pub. L. 97–192, § 1, June 1, 1982, 96 Stat. 109.) erans of World War II within the definition of ‘‘private REFERENCES IN TEXT corporations established under Federal law’’. Section 1103 of this title requires a report to Congress on the The Nonprofit Corporation Act of the District of Co- annual audit of private corporations established under lumbia, referred to in text, probably means the District Federal law. of Columbia Nonprofit Corporation Act, Pub. L. 87–569, Aug. 6, 1962, 76 Stat. 265, as amended, which appears in § 1812. Reservation of right to amend or repeal chapter 5 (§ 29–501 et seq.) of Title 29, Corporations, of chapter the District of Columbia Code. The right to alter, amend, or repeal this chap- § 1902. Powers of corporation ter is expressly reserved to the Congress. American Council of Learned Societies (here- (Pub. L. 97–83, § 13, Nov. 20, 1981, 95 Stat. 1096.) inafter referred to as the ‘‘corporation’’) shall § 1813. ‘‘State’’ defined have only those powers granted to it through its bylaws and articles of incorporation filed in the For purposes of this chapter, the term ‘‘State’’ State or States in which it is incorporated and includes the District of Columbia, the Common- subject to the laws of such State or States. wealth of Puerto Rico, and the territories and possessions of the United States. (Pub. L. 97–192, § 2, June 1, 1982, 96 Stat. 109.) (Pub. L. 97–83, § 14, Nov. 20, 1981, 95 Stat. 1096.) § 1903. Objects and purposes of corporation § 1814. Tax-exempt status The objects and purposes of the corporation are those provided in its articles of incorpora- The corporation shall maintain its status as tion and shall include the advancement of the an organization exempt from taxation as pro- humanistic studies in all fields of learning and vided in title 26. If the corporation fails to main- the maintenance and strengthening of relations tain such status, the charter granted hereby among the national societies devoted to such shall expire. studies, and the corporation shall function as authorized by the laws of the State or States 1 So in original. Probably should be ‘‘is’’. where it is incorporated. Page 181 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 1914

(Pub. L. 97–192, § 3, June 1, 1982, 96 Stat. 109.) § 1909. Liability for acts of officers and agents § 1904. Service of process The corporation shall be liable for the acts of its officers and agents when acting within the With respect to service of process, the corpora- scope of their authority. tion shall comply with the laws of the States in which it is incorporated and those States in (Pub. L. 97–192, § 9, June 1, 1982, 96 Stat. 110.) which it carries on its activities in furtherance § 1910. Books and records; inspection of its corporate purposes. (Pub. L. 97–192, § 4, June 1, 1982, 96 Stat. 109.) The corporation shall keep correct and complete books and records of account and shall § 1905. Membership keep minutes of any proceeding of the corporation involving any of its members, the board of Eligibility for membership in the corporation directors, or any committee having authority and the rights and privileges of members shall, under the board of directors. The corporation except as provided in this chapter, be as pro- shall keep at its principal office a record of the vided in the constitution and bylaws of the cor- names and addresses of all members having the poration. right to vote. All books and records of such cor- (Pub. L. 97–192, § 5, June 1, 1982, 96 Stat. 109.) poration may be inspected by any member having the right to vote, or by any agent or attor- § 1906. Board of directors ney of such member, for any proper purpose, at The board of directors of the corporation and any reasonable time. Nothing in this section the responsibilities thereof shall be as provided shall be construed to contravene any applicable in the articles of incorporation of the corpora- State law. tion and in conformity with the laws of the (Pub. L. 97–192, § 10, June 1, 1982, 96 Stat. 110.) State or States in which it is incorporated. § 1911. Annual report (Pub. L. 97–192, § 6, June 1, 1982, 96 Stat. 109.) The corporation shall report annually to the § 1907. Officers Congress concerning the activities of the cor- The officers of the corporation, and the elec- poration during the preceding fiscal year. Such tion of such officers shall be as is provided in annual report shall be submitted at the same 1 the articles of incorporation of the corporation time as in the report of the audit required by and in conformity with the laws of the State or section 1101(56) of this title. The report shall not States wherein it is incorporated. be printed as a public document. (Pub. L. 97–192, § 7, June 1, 1982, 96 Stat. 110.) (Pub. L. 97–192, § 12 June 1, 1982, 96 Stat. 111.) REFERENCES IN TEXT § 1908. Restrictions Section 1101(56) of this title, referred to in text, was (a) Distribution of income or assets to members in the original ‘‘section 11 of this Act’’, meaning sec- No part of the income or assets of the corporation 11 of Pub. L. 97–192, which amended section 1101 of tion shall inure to any member, officer, or direc- this title to include the American Council of Learned tor of the corporation or be distributed to any Societies within the definition of ‘‘private corporations established under Federal law’’. Section 1103 of this such person during the life of this charter. Noth- title requires a report to Congress on the annual audit ing in this subsection shall be construed to pre- of private corporations established under Federal law. vent the payment of reasonable compensation to the officers of the corporation or reimbursement § 1912. Reservation of right to amend or repeal for actual necessary expenses in amounts ap- chapter proved by the board of directors. The right to alter, amend, or repeal this chap- (b) Loans ter is expressly reserved to the Congress. The corporation shall not make any loan to (Pub. L. 97–192, § 13, June 1, 1982, 96 Stat. 111.) any officer, director, or employee of the corporation. § 1913. ‘‘State’’ defined (c) Political activities For purposes of this chapter, the term ‘‘State’’ The corporation and any officer and director includes the District of Columbia, the Common- of the corporation, acting as such officer or di- wealth of Puerto Rico, and the territories and rector, shall not contribute to, support or other- possessions of the United States. wise participate in any political activity or in any manner attempt to influence legislation. (Pub. L. 97–192, § 14, June 1, 1982, 96 Stat. 111.) (d) Issuance of stock; dividends § 1914. Tax-exempt status The corporation shall have no power to issue The corporation shall maintain its status as any shares of stock nor to declare or pay any an organization exempt from taxation as pro- dividends. vided in title 26. If the corporation fails to main- (e) Claim of approval or authorization tain such status, the charter granted hereby The corporation shall not claim congressional shall expire. approval or Federal Government authority for (Pub. L. 97–192, § 15, June 1, 1982, 96 Stat. 111.) any of its activities.

(Pub. L. 97–192, § 8, June 1, 1982, 96 Stat. 110.) 1 So in original. Probably should be ‘‘is’’. § 2001 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 182

CHAPTER 52—NATIONAL FEDERATION OF which it is incorporated and those States in MUSIC CLUBS which it carries on its activities in furtherance of its corporate purposes. Sec. 2001. Recognition as corporation and grant of Fed- (Pub. L. 97–231, § 4, Aug. 9, 1982, 96 Stat. 256.) eral charter. 2002. Powers of corporation. § 2005. Membership 2003. Objects and purposes of corporation. Eligibility for membership in the corporation 2004. Service of process. and the rights and privileges of members shall 2005. Membership. 2006. Board of directors. be as provided in the bylaws of the corporation. 2007. Officers. (Pub. L. 97–231, § 5, Aug. 9, 1982, 96 Stat. 256.) 2008. Restrictions. (a) Distribution of income or assets to § 2006. Board of directors members. (b) Loans. The board of directors of the corporation and (c) Political activities. the responsibilities thereof shall be as provided (d) Issuance of stock; dividends. in the articles of incorporation of the corpora- (e) Claim of approval or authorization. tion and in conformity with the laws of the (f) Retention of State corporate status. State or States in which it is incorporated. 2009. Liability for acts of officers and agents. 2010. Books and records; inspection. (Pub. L. 97–231, § 6, Aug. 9, 1982, 96 Stat. 257.) 2011. Annual report. § 2007. Officers 2012. Reservation of right to amend or repeal chapter. The officers of the corporation, and the elec- 2013. ‘‘State’’ defined. tion of such officers shall be as is provided in 2014. Tax-exempt status. the articles of incorporation of the corporation 2015. Failure to comply with restrictions or provi- and in conformity with the laws of the State or sions. States wherein it is incorporated. § 2001. Recognition as corporation and grant of (Pub. L. 97–231, § 7, Aug. 9, 1982, 96 Stat. 257.) Federal charter § 2008. Restrictions The National Federation of Music Clubs, organized and incorporated under the laws of the (a) Distribution of income or assets to members State of Illinois, is hereby recognized as such No part of the income or assets of the corpora- and is granted a charter. tion shall inure to any member, officer, or director of the corporation or be distributed to any (Pub. L. 97–231, § 1, Aug. 9, 1982, 96 Stat. 256.) such person during the life of this charter. Noth- § 2002. Powers of corporation ing in this subsection shall be construed to prevent the payment of reasonable compensation to The National Federation of Music Clubs (here- the officers of the corporation or reimbursement inafter referred to as the ‘‘corporation’’) shall for actual necessary expenses in amounts ap- have only those powers granted to it through its proved by the board of directors. bylaws and articles of incorporation filed in the (b) Loans State or States in which it is incorporated and subject to the laws of such State or States. The corporation shall not make any loan to any officer, director, or employee of the corpora- (Pub. L. 97–231, § 2, Aug. 9, 1982, 96 Stat. 256.) tion. § 2003. Objects and purposes of corporation (c) Political activities The corporation and any officer and director The objects and purposes for which the cor- of the corporation, acting as such officer or di- poration is organized shall be those provided in rector, shall not contribute to, support or other- its articles of incorporation and also shall be— wise participate in any political activity or in (1) to bring into working relations with one any manner attempt to influence legislation. another, music clubs and other musical organizations and individuals directly or indirectly (d) Issuance of stock; dividends associated with musical activity for the pur- The corporation shall have no power to issue pose of developing and maintaining high musi- any shares of stock nor to declare or pay any cal standards; dividends. (2) to aid and encourage musical education; (e) Claim of approval or authorization and The corporation shall not claim congressional (3) to promote American music and Amer- approval or Federal Government authority for ican artists throughout the United States of any of its activities. America and the world. (f) Retention of State corporate status The corporation shall function as a patriotic, The corporation shall retain and maintain its civic, and historical organization as authorized status as a corporation organized and incor- by the laws of the State or States wherein it is porated under the laws of the State of Illinois. incorporated. (Pub. L. 97–231, § 8, Aug. 9, 1982, 96 Stat. 257.) (Pub. L. 97–231, § 3, Aug. 9, 1982, 96 Stat. 256.) § 2009. Liability for acts of officers and agents § 2004. Service of process The corporation shall be liable for the acts of With respect to service of process, the corpora- its officers and agents when acting within the tion shall comply with the laws of the States in scope of their authority. Page 183 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 2102

(Pub. L. 97–231, § 9, Aug. 9, 1982, 96 Stat. 257.) (Pub. L. 97–231, § 16, Aug. 9, 1982, 96 Stat. 258.) § 2010. Books and records; inspection CHAPTER 53—AMERICAN EX-PRISONERS OF The corporation shall keep correct and com- WAR plete books and records of account and shall Sec. keep minutes of any proceeding of the corpora- 2101. Recognition as corporation and grant of Fed- tion involving any of its members, the board of eral charter. directors, or any committee having authority 2102. Powers of corporation. 2103. Objects and purposes of corporation. under the board of directors. The corporation 2104. Service of process. shall keep at its principal office a record of the 2105. Membership. names and addresses of all members having the 2106. Board of directors. right of 1 vote. All books and records of such cor- 2107. Officers. poration may be inspected by any member hav- 2108. Restrictions. ing the right to vote, or by any agent or attor- (a) Distribution of income or assets to members. ney of such member, for any proper purpose, at (b) Loans. any reasonable time. Nothing in this section (c) Political activities. shall be construed to contravene any applicable (d) Issuance of stock; dividends. State law. (e) Claim of approval or authorization. (f) Retention of State corporate status. (Pub. L. 97–231, § 10, Aug. 9, 1982, 96 Stat. 257.) 2109. Liability for acts of officers and agents. 2110. Books and records; inspection. § 2011. Annual report 2111. Annual report. The corporation shall report annually to the 2112. Reservation of right to amend or repeal chapter. Congress concerning the activities of the cor- 2113. ‘‘State’’ defined. poration during the preceding fiscal year. Such 2114. Tax-exempt status. annual report shall be submitted at the same 2115. Exclusive right to name and emblem. time as is the report of the audit required by 2116. Failure to comply with restrictions or provi- section 1101(53) of this title. The report shall not sions. be printed as a public document. § 2101. Recognition as corporation and grant of (Pub. L. 97–231, § 12, Aug. 9, 1982, 96 Stat. 258.) Federal charter REFERENCES IN TEXT American Ex-Prisoners of War, organized and Section 1101(53) of this title, referred to in text, was incorporated under the Washington Nonprofit in the original ‘‘section 11 of this Act’’, meaning sec- Corporation Act (Wash. Rev. Code Ann. 24.03.005) tion 11 of Pub. L. 97–231, which amended section 1101 of of the State of Washington by Charles Morgan, this title to include the National Federation of Music Junior, San Antonio, Texas; Edward Fisher, Clubs within the definition of ‘‘private corporations es- Fairhaven, Massachusetts; Charles Miller, La tablished under Federal law’’. Section 1103 of this title requires a report to Congress on the annual audit of Jolla, California; C. Earl Derrington, Jackson, private corporations established under Federal law. Mississippi; Edward Parks, Middleboro, Massa- chusetts; Henry Goodall, Houston, Texas; Stan- § 2012. Reservation of right to amend or repeal ley Sommers, Marshfield, Wisconsin; Edward chapter Allen, N. Olmstead, Ohio; Irving Rittenberg, The right to alter, amend, or repeal this chap- Brookline, Massachusetts; Edgar Van ter is expressly reserved to the Congress. Valkenberg, Saint Petersburg, Florida; W. C. Musten, Winston-Salem, North Carolina; (Pub. L. 97–231, § 13, Aug. 9, 1982, 96 Stat. 258.) Clifford Omtvedt, Eau Claire, Wisconsin; Orlo § 2013. ‘‘State’’ defined Natvig, Charles City, Iowa; H. C. Griffin, Hous- ton, Texas; Milton Moore, El Paso, Texas; Marie For purposes of this chapter, the term ‘‘State’’ Harre, Fairway, Kansas; Alfred Galloway, Se- includes the District of Columbia, the Common- attle, Washington; Reginald Reed, Bremerton, wealth of Puerto Rico, and the territories and Washington; Ralph Moulis, Tucson, Arizona; possessions of the United States. Betty Rodriquez, Albuquerque, New Mexico; (Pub. L. 97–231, § 14, Aug. 9, 1982, 96 Stat. 258.) Randall Briere, San Antonio, Texas; Joseph G. Schisser, San Leon, Texas; Herman Molen, Las § 2014. Tax-exempt status Vegas, Nevada; Joseph B. Upton, Saint Louis, The corporation shall maintain its status as Missouri; Harold Page, Buckley, Washington; D. an organization exempt from taxation as pro- C. Wimberly, Springhill, Louisiana; Albert vided in title 26. If the corporation fails to main- Braun, Phoenix, Arizona; Melvin Madero, San tain such status, the charter granted hereby Diego, California; Tillman Rutledge, San Anto- shall expire. nio, Texas; Benson Guyton, Decatur, Alabama; (Pub. L. 97–231, § 15, Aug. 9, 1982, 96 Stat. 258.) Frank Hawkins, Oklahoma City, Oklahoma; Melvin Routt, Tracy, California; John Romine, § 2015. Failure to comply with restrictions or pro- Muskogee, Oklahoma; Christopher Morgan, Old visions Bridge, New Jersey; Allen Smith, Diana, Texas; and John G. Flynn, San Antonio, Texas, is here- If the corporation shall fail to comply with by recognized as such and is granted a charter. any of the restrictions or provisions of this chapter 1 the charter granted hereby shall ex- (Pub. L. 97–234, § 1, Aug. 10, 1982, 96 Stat. 261.) pire. § 2102. Powers of corporation

1 So in original. Probably should be ‘‘to’’. American Ex-Prisoners of War (hereafter in 1 So in original. Probably should be followed by a comma. this chapter referred to as the ‘‘corporation’’) § 2103 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 184 shall have only those powers granted to it (b) Loans through its bylaws and articles of incorporation The corporation shall not make any loan to filed in the State or States in which it is incor- any officer, director, or employee of the corpora- porated and subject to the laws of such State or tion. States. (c) Political activities (Pub. L. 97–234, § 2, Aug. 10, 1982, 96 Stat. 261.) The corporation and any officer and director § 2103. Objects and purposes of corporation of the corporation, acting as such officer or director, shall not contribute to, support, or The objects and purposes of the corporation otherwise participate in any political activity or are those provided in its articles of incorpora- in any manner attempt to influence legislation. tion and shall include— (1) encouragement of fraternity for the com- (d) Issuance of stock; dividends mon good; The corporation shall have no power to issue (2) fostering patriotism and loyalty; any shares of stock nor to declare or pay any (3) assistance to widows and orphans of de- dividends. ceased ex-prisoners of war; (e) Claim of approval or authorization (4) assistance to ex-prisoners of war who have been injured or handicapped as a result of The corporation shall not claim congressional their service; approval or Federal Government authority for (5) maintenance of allegiance to the United any of its activities. States of America; (f) Retention of State corporate status (6) preservation and defense of the United The corporation shall retain and maintain its States from all of her enemies; and status as a corporation organized and incor- (7) maintenance of historical records. porated under the laws of the State of Washing- (Pub. L. 97–234, § 3, Aug. 10, 1982, 96 Stat. 261.) ton. § 2104. Service of process (Pub. L. 97–234, § 8, Aug. 10, 1982, 96 Stat. 262.) With respect to service of process, the corpora- § 2109. Liability for acts of officers and agents tion shall comply with the laws of the States in which it is incorporated and those States in The corporation shall be liable for the acts of which it carries on its activities in furtherance its officers and agents when acting within the of its corporate purposes. scope of their authority. (Pub. L. 97–234, § 4, Aug. 10, 1982, 96 Stat. 262.) (Pub. L. 97–234, § 9, Aug. 10, 1982, 96 Stat. 263.) § 2105. Membership § 2110. Books and records; inspection Eligibility for membership in the corporation The corporation shall keep correct and com- and the rights and privileges of members shall plete books and records of account and shall be as provided in the bylaws of the corporation. keep minutes of any proceeding of the corporation involving any of its members, the board of (Pub. L. 97–234, § 5, Aug. 10, 1982, 96 Stat. 262.) directors, or any committee having authority § 2106. Board of directors under the board of directors. The corporation shall keep at its principal office a record of the The board of directors of the corporation and names and addresses of all members having the the responsibilities thereof shall be as provided right of 1 vote. All books and records of such cor- in the articles of incorporation of the corpora- poration may be inspected by any member hav- tion and in conformity with the laws of the ing the right to vote, or by any agent or attor- State or States in which it is incorporated. ney of such member, for any proper purpose, at (Pub. L. 97–234, § 6, Aug. 10, 1982, 96 Stat. 262.) any reasonable time. Nothing in this section shall be construed to contravene any applicable § 2107. Officers State law. The officers of the corporation, and the elec- (Pub. L. 97–234, § 10, Aug. 10, 1982, 96 Stat. 263.) tion of such officers shall be as is provided in the articles of incorporation of the corporation § 2111. Annual report and in conformity with the laws of the State or The corporation shall report annually to the States wherein it is incorporated. Congress concerning the activities of the cor- (Pub. L. 97–234, § 7, Aug. 10, 1982, 96 Stat. 262.) poration during the preceding fiscal year. Such annual report shall be submitted at the same § 2108. Restrictions time as is the report of the audit required by (a) Distribution of income or assets to members section 1101(57) of this title. The report shall not No part of the income or assets of the corpora- be printed as a public document. tion shall inure to any member, officer, or direc- (Pub. L. 97–234, § 12, Aug. 10, 1982, 96 Stat. 263.) tor of the corporation or be distributed to any such person during the life of this charter. Noth- REFERENCES IN TEXT ing in this subsection shall be construed to pre- Section 1101(57) of this title, referred to in text, was vent the payment of reasonable compensation to in the original ‘‘section 11 of this Act’’, meaning sec- the officers of the corporation or reimbursement tion 11 of Pub. L. 97–234, which amended section 1101 of for actual necessary expenses in amounts approved by the board of directors. 1 So in original. Probably should be ‘‘to’’. Page 185 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 2206 this title to include the American Ex-Prisoners of War Sec. within the definition of ‘‘private corporations estab- 2212. Reservation of right to amend or repeal chap- lished under Federal law’’. Section 1103 of this title re- ter. quires a report to Congress on the annual audit of pri- 2213. ‘‘State’’ defined. vate corporations established under Federal law. 2214. Tax-exempt status. 2215. Failure to comply with restrictions or provi- § 2112. Reservation of right to amend or repeal sions. chapter § 2201. Recognition as corporation and grant of The right to alter, amend, or repeal this chap- Federal charter ter is expressly reserved to the Congress. Former Members of Congress, organized and (Pub. L. 97–234, § 13, Aug. 10, 1982, 96 Stat. 263.) incorporated under the Nonprofit Corporation Act of the District of Columbia [D.C. Code, § 2113. ‘‘State’’ defined § 29–501 et seq.], is hereby recognized as such and For purposes of this chapter, the term ‘‘State’’ is granted a charter. includes the District of Columbia, the Common- (Pub. L. 97–427, § 1, Jan. 8, 1983, 96 Stat. 2265.) wealth of Puerto Rico, and the territories and possessions of the United States. REFERENCES IN TEXT (Pub. L. 97–234, § 14, Aug. 10, 1982, 96 Stat. 263.) The Nonprofit Corporation Act of the District of Co- lumbia, referred to in text, probably means the District § 2114. Tax-exempt status of Columbia Nonprofit Corporation Act, Pub. L. 87–569, Aug. 6, 1962, 76 Stat. 265, as amended, which appears in The corporation shall maintain its status as chapter 5 (§ 29–501 et seq.) of Title 29, Corporations, of an organization exempt from taxation as pro- the District of Columbia Code. vided in title 26. If the corporation fails to maintain such status, the charter granted hereby § 2202. Powers of corporation shall expire. Former Members of Congress (hereinafter re- (Pub. L. 97–234, § 15, Aug. 10, 1982, 96 Stat. 263.) ferred to as the ‘‘corporation’’) shall have only those powers granted to it through its bylaws § 2115. Exclusive right to name and emblem and articles of incorporation filed in the State The corporation shall have the sole and exclu- or States in which it is incorporated and subject sive right to use and to allow or refuse to others to the laws of such State or States. the use of the terms ‘‘American Ex-Prisoners of (Pub. L. 97–427, § 2, Jan. 8, 1983, 96 Stat. 2265.) War’’, and the official American Ex-Prisoners of War emblem or any colorable simulation there- § 2203. Objects and purposes of corporation of. No powers or privileges hereby granted shall, The objects and purposes of the corporation however, interfere or conflict with established are those provided in its articles of incorpora- or vested rights. tion and shall include the promotion of the (Pub. L. 97–234, § 16, Aug. 10, 1982, 96 Stat. 263.) cause of good government at the national level by improving the public understanding of the § 2116. Failure to comply with restrictions or pro- United States Congress as an institution and visions strengthening its support by the public. The cor- If the corporation shall fail to comply with poration shall function as an educational, patri- any of the restrictions or provisions of this otic, civic, historical, and research organization chapter 1 the charter granted hereby shall ex- as authorized by the laws of the State or States pire. wherein it is incorporated. (Pub. L. 97–234, § 17, Aug. 10, 1982, 96 Stat. 264.) (Pub. L. 97–427, § 3, Jan. 8, 1983, 96 Stat. 2265.) CHAPTER 54—FORMER MEMBERS OF § 2204. Service of process CONGRESS With respect to service of process, the corpora- Sec. tion shall comply with the laws of the States in 2201. Recognition as corporation and grant of Fed- which it is incorporated and those States in eral charter. which it carries on its activities in furtherance 2202. Powers of corporation. of its corporate purposes. 2203. Objects and purposes of corporation. 2204. Service of process. (Pub. L. 97–427, § 4, Jan. 8, 1983, 96 Stat. 2265.) 2205. Membership. 2206. Board of directors. § 2205. Membership 2207. Officers. Eligibility for membership in the corporation 2208. Restrictions. and the rights and privileges of members shall (a) Distribution of income or assets to members. be as provided in the bylaws of the corporation. (b) Loans. (Pub. L. 97–427, § 5, Jan. 8, 1983, 96 Stat. 2265.) (c) Political activities. (d) Issuance of stock; dividends. § 2206. Board of directors (e) Claim of approval or authorization. 2209. Liability for acts of officers and agents. The board of directors of the corporation and 2210. Books and records; inspection. the responsibilities thereof shall be as provided 2211. Annual report. in the articles of incorporation of the corporation and in conformity with the laws of the 1 So in original. Probably should be followed by a comma. State or States in which it is incorporated. § 2207 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 186

(Pub. L. 97–427, § 6, Jan. 8, 1983, 96 Stat. 2265.) § 2211. Annual report § 2207. Officers The corporation shall report annually to the Congress concerning the activities of the cor- The officers of the corporation, and the elec- poration during the preceding fiscal year. Such tion of such officers shall be as is provided in annual report shall be submitted at the same the articles of incorporation of the corporation time as is the report of the audit required by and in conformity with the laws of the State or section 1101(59) of this title. The report shall not States wherein it is incorporated. be printed as a public document. (Pub. L. 97–427, § 7, Jan. 8, 1983, 96 Stat. 2266.) (Pub. L. 97–427, § 12, Jan. 8, 1983, 96 Stat. 2266.)

§ 2208. Restrictions REFERENCES IN TEXT (a) Distribution of income or assets to members Section 1101(59) of this title, referred to in text, was No part of the income or assets of the corpora- in the original ‘‘section 11 of this Act’’, meaning section shall inure to any member, officer, or direction 11 of Pub. L. 97–427, which amended section 1101 of tor of the corporation or be distributed to any this title to include the Former Members of Congress within the definition of ‘‘private corporations estab- such person during the life of this charter. Noth- lished under Federal law’’. Section 1103 of this title re- ing in this subsection shall be construed to pre- quires a report to Congress on the annual audit of pri- vent the payment of reasonable compensation to vate corporations established under Federal law. the officers of the corporation or reimbursement for actual necessary expenses in amounts ap- § 2212. Reservation of right to amend or repeal proved by the board of directors. chapter (b) Loans The right to alter, amend, or repeal this chap- The corporation shall not make any loan to ter is expressly reserved to the Congress. any officer, director, or employee of the corpora- (Pub. L. 97–427, § 13, Jan. 8, 1983, 96 Stat. 2267.) tion. (c) Political activities § 2213. ‘‘State’’ defined The corporation and any officer and director For purposes of this chapter, the term ‘‘State’’ of the corporation, acting as such officer or di- includes the District of Columbia, the Common- rector, shall not contribute to, support or other- wealth of Puerto Rico, and the territories and wise participate in any political activity or in possessions of the United States. any manner attempt to influence legislation. (Pub. L. 97–427, § 14, Jan. 8, 1983, 96 Stat. 2267.) (d) Issuance of stock; dividends The corporation shall have no power to issue § 2214. Tax-exempt status any shares of stock nor to declare or pay any The corporation shall maintain its status as dividends. an organization exempt from taxation as pro- (e) Claim of approval or authorization vided in title 26. If the corporation fails to main- The corporation shall not claim congressional tain such status, the charter granted hereby approval or Federal Government authority for shall expire. any of its activities. (Pub. L. 97–427, § 15, Jan. 8, 1983, 96 Stat. 2267.) (Pub. L. 97–427, § 8, Jan. 8, 1983, 96 Stat. 2266.) § 2215. Failure to comply with restrictions or pro- § 2209. Liability for acts of officers and agents visions The corporation shall be liable for the acts of If the corporation shall fail to comply with its officers and agents when acting within the any of the restrictions or provisions of this scope of their authority. chapter 1 the charter granted hereby shall ex- (Pub. L. 97–427, § 9, Jan. 8, 1983, 96 Stat. 2266.) pire. (Pub. L. 97–427, § 16, Jan. 8, 1983, 96 Stat. 2267.) § 2210. Books and records; inspection The corporation shall keep correct and com- CHAPTER 55—NATIONAL ACADEMY OF plete books and records of account and shall PUBLIC ADMINISTRATION keep minutes of any proceeding of the corpora- Sec. tion involving any of its members, the board of 2301. Recognition as corporation and grant of Fed- directors, or any committee having authority eral charter. under the board of directors. The corporation 2302. Corporate powers. shall keep at its principal office a record of the 2303. Objects and purposes of corporation. names and addresses of all members having the 2304. Service of process. 1 2305. Membership. right of vote. All books and records of such cor- 2306. Board of directors. poration may be inspected by any member hav- 2307. Officers. ing the right to vote, or by any agent or attor- 2308. Restrictions. ney of such member, for any proper purpose, at (a) Distribution of income or assets to any reasonable time. Nothing in this section members. shall be construed to contravene any applicable (b) Loans. State law. (c) Political activities. (d) Issuance of stock; dividends. (Pub. L. 97–427, § 10, Jan. 8, 1983, 96 Stat. 2266.) (e) Claim of approval or authorization.

1 So in original. Probably should be ‘‘to’’. 1 So in original. Probably should be followed by a comma. Page 187 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 2309

Sec. § 2305. Membership (f) Retention of status under State laws. 2309. Liability for acts of officers and agents. Eligibility for membership in the Academy 2310. Books and records; inspection. and the rights and privileges of members shall 2311. Annual report. be as provided in the bylaws of the corporation. 2312. Reservation of right to amend or repeal chapter. (Pub. L. 98–257, § 5, Apr. 10, 1984, 98 Stat. 127.) 2313. ‘‘State’’ defined. 2314. Tax-exempt status. § 2306. Board of directors 2315. Failure to comply with restrictions or provisions. The board of directors of the Academy and the 2316. Service to United States. responsibilities thereof shall be as provided in the articles of incorporation of the Academy and § 2301. Recognition as corporation and grant of in conformity with the laws of the State or Federal charter States in which it is incorporated. The National Academy of Public Administra- (Pub. L. 98–257, § 6, Apr. 10, 1984, 98 Stat. 128.) tion, organized and incorporated under the laws of the District of Columbia, is hereby recognized § 2307. Officers as such and is granted a charter. The officers of the Academy, and the election (Pub. L. 98–257, § 1, Apr. 10, 1984, 98 Stat. 127.) of such officers, shall be as is provided in the articles of incorporation of the Academy and in § 2302. Corporate powers conformity with the laws of the State or States wherein it is incorporated. The National Academy of Public Administra- tion (hereinafter referred to as the ‘‘academy’’) 1 (Pub. L. 98–257, § 7, Apr. 10, 1984, 98 Stat. 128.) shall have only those powers granted to it through its bylaws and articles of incorporation § 2308. Restrictions filed in the State or States in which it is incor- (a) Distribution of income or assets to members porated and subject to the laws of such State or States. No part of the income or assets of the corporation shall inure to any member, officer, or direc- (Pub. L. 98–257, § 2, Apr. 10, 1984, 98 Stat. 127.) tor of the Academy or be distributed to any such person during the life of this charter. Nothing in § 2303. Objects and purposes of corporation this subsection shall be construed to prevent the The objects and purposes for which the Acad- payment of reasonable compensation to the offi- emy is organized shall be those provided in its cers and members of the Academy or reimburse- articles of incorporation and shall include— ment for actual necessary expenses in amounts (1) evaluating the structure, administration, approved by the board of directors. operation, and program performance of Fed- (b) Loans eral and other governments and government The Academy shall not make any loan to any agencies, anticipating, identifying, and ana- officer, director, or employee of the corporation. lyzing significant problems and suggesting timely corrective action; (c) Political activities (2) foreseeing and examining critical emerg- The Academy and any officer and director of ing issues in governance, formulating prac- the corporation, acting as such officer or direc- tical approaches to their resolution; tor, shall not contribute to, support, or other- (3) assessing the effectiveness, structure, ad- wise participate in any political activity or in ministration, and implications for governance any manner attempt to influence legislation. of present or proposed public programs, poli- (d) Issuance of stock; dividends cies, and processes, recommending specific changes; The Academy shall have no power to issue any (4) advising on the relationship of Federal, shares of stock nor to declare or pay any divi- State, regional, and local governments; in- dends. creasing public officials’, citizens’, and schol- (e) Claim of approval or authorization ars’ understanding of requirements and oppor- The Academy shall not claim congressional tunities for sound governance and how these approval or Federal Government authority for can be effectively met; and any of its activities, other than by mutual (5) demonstrating by the conduct of its af- agreement. fairs a commitment to the highest professional standards of ethics and scholarship. (f) Retention of status under State laws (Pub. L. 98–257, § 3, Apr. 10, 1984, 98 Stat. 127.) The Academy shall retain and maintain its status as a corporation organized and incor- § 2304. Service of process porated under the laws of the District of Colum- bia. With respect to service of process, the Acad- emy shall comply with the laws of the State or (Pub. L. 98–257, § 8, Apr. 10, 1984, 98 Stat. 128.) States in which it is incorporated and the State or States in which it carries on its activities in § 2309. Liability for acts of officers and agents furtherance of its corporate purposes. The Academy shall be liable for the acts of its (Pub. L. 98–257, § 4, Apr. 10, 1984, 98 Stat. 127.) officers and agents when acting within the scope of their authority.

1 So in original. Probably should be capitalized. (Pub. L. 98–257, § 9, Apr. 10, 1984, 98 Stat. 128.) § 2310 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 188

§ 2310. Books and records; inspection (Pub. L. 98–257, § 16, Apr. 10, 1984, 98 Stat. 129.) The Academy shall keep correct and complete § 2316. Service to United States books and records of account and shall keep minutes of any proceeding of the Academy in- The National Academy of Public Administra- volving any of its members, the board of direction shall, whenever called upon by Congress, or tors, or any committee having authority under the Federal Government, investigate, examine, the board of directors. The Academy shall keep experiment, and report upon any subject of gov- at its principal office a record of the names and ernment, the actual expense of such investiga- addresses of all members having the right of 1 tions, examinations, and reports to be paid by vote. All books and records of such corporation the Federal Government from appropriations may be inspected by any member having the available for such purpose. right to vote, or by any agent or attorney of (Pub. L. 98–257, § 17, Apr. 10, 1984, 98 Stat. 129.) such member, for any proper purpose, at any reasonable time. Nothing in this section shall be CHAPTER 56—AMERICAN GOLD STAR construed to contravene any applicable State MOTHERS, INC. law. Sec. (Pub. L. 98–257, § 10, Apr. 10, 1984, 98 Stat. 128.) 2401. Recognition as corporation and grant of Fed- eral charter. § 2311. Annual report 2402. Powers of corporation. 2403. Objects and purposes of corporation. The Academy shall report annually to the 2404. Service of process. Congress concerning the activities of the cor- 2405. Membership; prohibition on discrimination. poration during the preceding fiscal year. Such 2406. Board of directors. annual report shall be submitted at the same 2407. Officers. 2408. Restrictions. time as is the report of the audit required by (a) Distribution of income or assets to section 1101(61) of this title. The report shall not members. be printed as a public document. (b) Loans. (Pub. L. 98–257, § 12, Apr. 10, 1984, 98 Stat. 129.) (c) Issuance of stock; dividends. (d) Claim of approval or authorization. REFERENCES IN TEXT (e) Retention of status under State laws. 2409. Liability for acts of officers and agents. Section 1101(61) of this title, referred to in text, was 2410. Books and records; inspection. in the original ‘‘section 11 of this Act’’, meaning sec- 2411. Annual report. tion 11 of Pub. L. 98–257, which amended section 1101 of 2412. Reservation of right to amend or repeal chap- this title to include the National Academy of Public ter. Administration within the definition of ‘‘private cor- 2413. ‘‘State’’ defined. porations established under Federal law’’. Section 1103 2414. Tax-exempt status. of this title requires a report to Congress on the annual 2415. Failure to comply with restrictions or provi- audit of private corporations established under Federal sions. law. § 2401. Recognition as corporation and grant of § 2312. Reservation of right to amend or repeal Federal charter chapter American Gold Star Mothers, Incorporated, The right to alter, amend, or repeal this chap- organized and incorporated under the laws of the ter is expressly reserved to the Congress. District of Columbia, is hereby recognized as (Pub. L. 98–257, § 13, Apr. 10, 1984, 98 Stat. 129.) such and is granted a charter. § 2313. ‘‘State’’ defined (Pub. L. 98–314, § 1, June 12, 1984, 98 Stat. 237.) For purposes of this chapter, the term ‘‘State’’ § 2402. Powers of corporation includes the District of Columbia, the Common- American Gold Star Mothers, Incorporated wealth of Puerto Rico, and the territories and (hereinafter referred to as the ‘‘corporation’’) possessions of the United States. shall have only those powers granted to it (Pub. L. 98–257, § 14, Apr. 10, 1984, 98 Stat. 129.) through its bylaws and articles of incorporation filed in the State or States which it is incor- § 2314. Tax-exempt status porated and subject to the laws of such State or The corporation shall maintain its status as States. an organization exempt from taxation as pro- (Pub. L. 98–314, § 2, June 12, 1984, 98 Stat. 237.) vided in title 26. If the corporation fails to maintain such status, the charter granted hereby § 2403. Objects and purposes of corporation shall expire. The objects and purposes for which the cor- (Pub. L. 98–257, § 15, Apr. 10, 1984, 98 Stat. 129.) poration is organized shall be those provided in § 2315. Failure to comply with restrictions or pro- its articles of incorporation and shall include a visions continuing commitment, on a national basis, to— If the corporation shall fail to comply with (a) keep alive and develop the spirit that any of the restrictions or provisions of this promoted world services; chapter 1 the charter granted hereby shall ex- (b) maintain the ties of fellowship born of pire. that service, and to assist and further all patriotic work; 1 So in original. Probably should be ‘‘to’’. (c) inculcate a sense of individual obligation 1 So in original. Probably should be followed by a comma. to the community, State, and Nation; Page 189 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 2411

(d) assist veterans of World War I, World § 2408. Restrictions War II, the Korean Conflict, Vietnam, and (a) Distribution of income or assets to members other strategic areas and their dependents in the presentation of claims to the Department No part of the income or assets of the corpora- of Veterans Affairs, and to aid in any way in tion shall inure to any member, officer, or direc- their power the men and women who served tor of the corporation or be distributed to any and died or were wounded or incapacitated such person during the life of this charter. Noth- during hostilities; ing in this subsection shall be construed to pre- (e) perpetuate the memory of those whose vent the payment of reasonable compensation to lives were sacrificed in our wars; the officers of the corporation or reimbursement (f) maintain true allegiance to the United for actual necessary expenses in amounts ap- States of America; proved by the board of directors. (g) inculcate lessons of patriotism and love (b) Loans of country in the communities in which we The corporation shall not make any loan to live; any officer, director, or employee of the corpora- (h) inspire respect for the Stars and Stripes tion. in the youth of America; (c) Issuance of stock; dividends (i) extend needful assistance to all Gold Star The corporation shall have no power to issue Mothers and, when possible, to their descend- any shares of stock nor to declare or pay any ants; and dividends. (j) to promote peace and good will for the United States and all other Nations. (d) Claim of approval or authorization The corporation shall not claim congressional (Pub. L. 98–314, § 3, June 12, 1984, 98 Stat. 237; approval or Federal Government authority for Pub. L. 102–54, § 13(n)(6), June 13, 1991, 105 Stat. any of its activities. 278.) (e) Retention of status under State laws AMENDMENTS The corporation shall retain and maintain its 1991—Subsec. (d). Pub. L. 102–54 substituted ‘‘Depart- status as a corporation organized and incor- ment of Veterans Affairs’’ for ‘‘Veterans’ Administra- porated under the laws of the State or States tion’’. wherein it is incorporated. (Pub. L. 98–314, § 8, June 12, 1984, 98 Stat. 238.) § 2404. Service of process § 2409. Liability for acts of officers and agents With respect to service of process, the corporation shall comply with the laws of the States in The corporation shall be liable for the acts of which it is incorporated and those States in its officers and agents when acting within the which it carries on its activities in furtherance scope of their authority. of its corporate purposes. (Pub. L. 98–314, § 9, June 12, 1984, 98 Stat. 238.) (Pub. L. 98–314, § 4, June 12, 1984, 98 Stat. 238.) § 2410. Books and records; inspection § 2405. Membership; prohibition on discrimina- The corporation shall keep correct and com- tion plete books and records of account and shall keep minutes of any proceeding of the corpora- Eligibility for membership in the corporation tion involving any of its members, the board of and the rights and privileges of members shall, directors, or any committee having authority except as provided in this chapter, be as pro- under the board of directors. The corporation vided in the constitution and bylaws of the cor- shall keep at its principal office a record of the poration, and terms of membership and require- names and addresses of all members having the ments for holding office within the corporation right to vote. All books and records of such cor- shall not be discriminatory on the basis of race, poration may be inspected by any member hav- color, religion, or national origin. ing the right to vote, or by any agent or attor- (Pub. L. 98–314, § 5, June 12, 1984, 98 Stat. 238.) ney of such member, for any proper purpose, at any reasonable time. Nothing in this section § 2406. Board of directors shall be construed to contravene any applicable State law. The board of directors of the corporation and (Pub. L. 98–314, § 10, June 12, 1984, 98 Stat. 238.) the responsibilities thereof shall be as provided in the articles of incorporation of the corpora- § 2411. Annual report tion and in conformity with the laws of the State or States in which it is incorporated. The corporation shall report annually to the Congress concerning the activities of the cor- (Pub. L. 98–314, § 6, June 12, 1984, 98 Stat. 238.) poration during the preceding fiscal year. Such annual report shall be submitted at the same § 2407. Officers time as is the report of the audit required by section 1101(63) of this title. The report shall not The officers of the corporation, and the elec- be printed as a public document. tion of such officers shall be as is provided in the articles of incorporation of the corporation (Pub. L. 98–314, § 12, June 12, 1984, 98 Stat. 239.) and in conformity with the laws of the State or REFERENCES IN TEXT States wherein it is incorporated. Section 1101(63) of this title, referred to in text, was (Pub. L. 98–314, § 7, June 12, 1984, 98 Stat. 238.) in the original ‘‘section 11 of this Act’’, meaning sec- § 2412 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 190 tion 11 of Pub. L. 98–314, which amended section 1101 of the laws of the State of Illinois, is hereby recog- this title to include the American Gold Star Mothers, nized as such and is granted a charter. Incorporated, within the definition of ‘‘private corporations established under Federal law’’. Section 1103 of (Pub. L. 98–372, § 1, July 23, 1984, 98 Stat. 1239.) this title requires a report to Congress on the annual audit of private corporations established under Federal § 2502. Powers of corporation law. The Polish Legion of American Veterans, § 2412. Reservation of right to amend or repeal U.S.A. (hereinafter referred to as the ‘‘corpora- chapter tion’’), shall have only those powers granted to it through its bylaws and articles of incorpora- The right to alter, amend, or repeal this chap- tion filed in the State or States in which it is inter is expressly reserved to the Congress. corporated and subject to the laws of such State (Pub. L. 98–314, § 13, June 12, 1984, 98 Stat. 239.) or States. § 2413. ‘‘State’’ defined (Pub. L. 98–372, § 2, July 23, 1984, 98 Stat. 1239.) For purposes of this chapter, the term ‘‘State’’ § 2503. Objects and purposes of corporation includes the District of Columbia, the Common- The objects and purposes of the corporation wealth of Puerto Rico, and the territories and are those provided in its articles of incorpora- possessions of the United States. tion. The corporation shall function as a veter- (Pub. L. 98–314, § 14, June 12, 1984, 98 Stat. 239.) ans’ and patriotic organization as authorized by the laws of the State or States where it is incor- § 2414. Tax-exempt status porated. The corporation shall maintain its status as (Pub. L. 98–372, § 3, July 23, 1984, 98 Stat. 1239.) an organization exempt from taxation as provided in title 26. If the corporation fails to main- § 2504. Service of process tain such status, the charter granted hereby shall expire. With respect to service of process, the corporation shall comply with the laws of the States in (Pub. L. 98–314, § 15, June 12, 1984, 98 Stat. 239.) which it is incorporated and those States in which it carries on its activities in furtherance § 2415. Failure to comply with restrictions or proof its corporate purposes. visions (Pub. L. 98–372, § 4, July 23, 1984, 98 Stat. 1239.) If the corporation shall fail to comply with any of the restrictions or provisions of this § 2505. Membership; prohibition on discrimina- chapter 1 the charter granted hereby shall ex- tion pire. Eligibility for membership in the corporation (Pub. L. 98–314, § 16, June 12, 1984, 98 Stat. 240.) and the rights and privileges of members shall, CHAPTER 57—POLISH LEGION OF except as provided in this chapter, be as pro- AMERICAN VETERANS, U.S.A. vided in the constitution and bylaws of the corporation, and terms of membership and require- Sec. ments for holding office within the corporation 2501. Recognition as corporation and grant of Fed- shall not be discriminatory on the basis of race, eral charter. color, religion, or national origin. 2502. Powers of corporation. 2503. Objects and purposes of corporation. (Pub. L. 98–372, § 5, July 23, 1984, 98 Stat. 1239.) 2504. Service of process. 2505. Membership; prohibition on discrimination. § 2506. Board of directors 2506. Board of directors. 2507. Officers. The board of directors of the corporation and 2508. Restrictions. the responsibilities thereof shall be as provided (a) Distribution of income or assets to in the articles of incorporation of the corpora- members. tion and in conformity with the laws of the (b) Loans. State or States in which it is incorporated. (c) Political activities. (d) Issuance of stock; dividends. (Pub. L. 98–372, § 6, July 23, 1984, 98 Stat. 1239.) (e) Claim of approval or authorization. 2509. Liability for acts of officers and agents. § 2507. Officers 2510. Books and records; inspection. 2511. Annual report. The officers of the corporation, and the elec- 2512. Reservation of right to amend or repeal chap- tion of such officers shall be as is provided in ter. the articles of incorporation of the corporation 2513. ‘‘State’’ defined. and in conformity with the laws of the State or 2514. Tax-exempt status. States wherein it is incorporated. 2515. Failure to comply with restrictions or provisions. (Pub. L. 98–372, § 7, July 23, 1984, 98 Stat. 1240.) § 2501. Recognition as corporation and grant of § 2508. Restrictions Federal charter (a) Distribution of income or assets to members The Polish Legion of American Veterans, No part of the income or assets of the corpora- U.S.A., a nonprofit corporation organized under tion shall inure to any member, officer, or director of the corporation or be distributed to any 1 So in original. Probably should be followed by a comma. such person during the life of this charter. Noth- Page 191 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 2602 ing in this subsection shall be construed to pre- this title requires a report to Congress on the annual vent the payment of reasonable compensation to audit of private corporations established under Federal the officers of the corporation or reimbursement law. for actual necessary expenses in amounts ap- § 2512. Reservation of right to amend or repeal proved by the board of directors. chapter (b) Loans The right to alter, amend, or repeal this chap- The corporation shall not make any loan to ter is expressly reserved to the Congress. any officer, director, or employee of the corporation. (Pub. L. 98–372, § 13, July 23, 1984, 98 Stat. 1241.) (c) Political activities § 2513. ‘‘State’’ defined The corporation and any officer and director For purposes of this chapter, the term ‘‘State’’ of the corporation, acting as such officer or di- includes the District of Columbia, the Common- rector, shall not contribute to, support or other- wealth of Puerto Rico, and the territories and wise participate in any political activity or in possessions of the United States. any manner attempt to influence legislation. (Pub. L. 98–372, § 14, July 23, 1984, 98 Stat. 1241.) (d) Issuance of stock; dividends § 2514. Tax-exempt status The corporation shall have no power to issue any shares of stock nor to declare or pay any The corporation shall maintain its status as dividends. an organization exempt from taxation as pro- (e) Claim of approval or authorization vided in title 26. If the corporation fails to maintain such status, the charter granted hereby The corporation shall not claim congressional shall expire. approval or Federal Government authority for any of its activities. (Pub. L. 98–372, § 15, July 23, 1984, 98 Stat. 1241.) (Pub. L. 98–372, § 8, July 23, 1984, 98 Stat. 1240.) § 2515. Failure to comply with restrictions or provisions § 2509. Liability for acts of officers and agents If the corporation shall fail to comply with The corporation shall be liable for the acts of any of the restrictions or provisions of this its officers and agents when acting within the chapter, the charter granted hereby shall expire. scope of their authority. (Pub. L. 98–372, § 16, July 23, 1984, 98 Stat. 1241.) (Pub. L. 98–372, § 9, July 23, 1984, 98 Stat. 1240.) CHAPTER 58—CATHOLIC WAR VETERANS OF § 2510. Books and records; inspection THE UNITED STATES OF AMERICA, INC. The corporation shall keep correct and com- Sec. plete books and records of account and shall 2601. Recognition as corporation and grant of Fed- keep minutes of any proceeding of the corpora- eral charter. 2602. Powers of corporation. tion involving any of its members, the board of 2603. Objects and purposes of corporation. directors, or any committee having authority 2604. Service of process. under the board of directors. The corporation 2605. Membership. shall keep at its principal office a record of the 2606. Board of directors. names and addresses of all members having the 2607. Officers. right to vote. All books and records of such cor- 2608. Restrictions. (a) Distribution of income or assets to poration may be inspected by any member hav- members. ing the right to vote, or by any agent or attor- (b) Loans. ney of such member, for any proper purpose, at (c) Issuance of stock; dividends. any reasonable time. Nothing in this section (d) Claim of approval or authorization. shall be construed to contravene any applicable 2609. Liability for acts of officers and agents. State law. 2610. Books and records; inspection. 2611. Annual report. (Pub. L. 98–372, § 10, July 23, 1984, 98 Stat. 1240.) 2612. Reservation of right to amend or repeal chapter. § 2511. Annual report 2613. ‘‘State’’ defined. 2614. Tax-exempt status. The corporation shall report annually to the 2615. Failure to comply with restrictions or provi- Congress concerning the activities of the cor- sions. poration during the preceding fiscal year. Such annual report shall be submitted at the same § 2601. Recognition as corporation and grant of time as is the report of the audit required by Federal charter section 1101(58) of this title. The report shall not The Catholic War Veterans of the United be printed as a public document. States of America, Incorporated, organized and (Pub. L. 98–372, § 12, July 23, 1984, 98 Stat. 1240.) incorporated under the laws of the State of New York, is hereby recognized as such and is grant- REFERENCES IN TEXT ed a charter. Section 1101(58) of this title, referred to in text, was (Pub. L. 98–382, § 1, Aug. 17, 1984, 98 Stat. 1343.) in the original ‘‘section 11 of this Act’’, meaning section 11 of Pub. L. 98–372, which amended section 1101 of § 2602. Powers of corporation this title to include the Polish Legion of American Vet- erans, U.S.A. within the definition of ‘‘private corpora- The Catholic War Veterans of the United tions established under Federal law’’. Section 1103 of States of America, Incorporated, (hereinafter re- § 2603 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 192 ferred to as the ‘‘corporation’’) shall have only which it carries on its activities in furtherance those powers granted to it through its bylaws of its corporate purposes. and articles of incorporation filed in the State (Pub. L. 98–382, § 4, Aug. 17, 1984, 98 Stat. 1344.) or States in which it is incorporated and subject to the laws of such State or States. § 2605. Membership (Pub. L. 98–382, § 2, Aug. 17, 1984, 98 Stat. 1343.) Eligibility for membership in the corporation and the rights and privileges of members shall § 2603. Objects and purposes of corporation be as provided in the bylaws of the corporation. The objects and purposes of the corporation (Pub. L. 98–382, § 5, Aug. 17, 1984, 98 Stat. 1344.) are those provided in its articles of incorporation and shall include a continuing commit- § 2606. Board of directors ment, on a national basis, to— (a) preserve, protect, and defend the Con- The board of directors of the corporation and stitution of the United States and the laws of the responsibilities thereof shall be as provided the several States; in the articles of incorporation of the corpora- (b) commemorate the wars, campaigns, and tion and in conformity with the laws of the military actions of the United States in order State or States in which it is incorporated. to reflect profound respect, high honor, and (Pub. L. 98–382, § 6, Aug. 17, 1984, 98 Stat. 1344.) great tribute on the glorious dead and the surviving veterans of those wars, campaigns, and § 2607. Officers actions and to give all Americans a greater The officers of the corporation, and the elec- understanding of and appreciation for the sac- tion of such officers shall be as is provided in rifices of those who participated in them on the articles of incorporation of the corporation behalf of all Americans; and in conformity with the laws of the State or (c) stimulate to the highest degree possible States wherein it is incorporated. the interest of the entire Nation in the problems of veterans, their widows, and orphans; (Pub. L. 98–382, § 7, Aug. 17, 1984, 98 Stat. 1344.) (d) cooperate to the fullest extent and in a harmonious manner with all veterans’ organi- § 2608. Restrictions zations in common projects designed to serve (a) Distribution of income or assets to members the interests of all veterans of all wars in No part of the income or assets of the corpora- which the United States of America has par- tion shall inure to any member, officer, or direc- ticipated; tor of the corporation or be distributed to any (e) collate, preserve, and encourage the such person during the life of this charter. Noth- study of historical episodes, chronicles, me- ing in this subsection shall be construed to pre- mentos, and events pertaining to the wars, vent the payment of reasonable compensation to campaigns, and military actions of the United the officers of the corporation or reimbursement States of America; for actual necessary expenses in amounts ap- (f) inculcate an enduring love of country, a proved by the board of directors. deep and abiding sense of patriotism, and a profound commitment to Americanism among (b) Loans all the people of the United States; The corporation shall not make any loan to (g) encourage, among the youth of our Na- any officer, director, or employee of the corporation, respect for our national flag, anthem, tion. and for the traditions of America; (c) Issuance of stock; dividends (h) preserve the freedoms of all of the people, national peace, prosperity, tranquility, good The corporation shall have no power to issue will, the permanence of free institutions, and any shares of stock nor to declare or pay any the defense of the United States; dividends. (i) foster the association of veterans of the (d) Claim of approval or authorization Catholic faith who have served in the Armed The corporation shall not claim congressional Forces of the United States; approval or Federal Government authority for (j) encourage morality in government, labor, any of its activities. management, economic, social, fraternal, and all other phases of American life; (Pub. L. 98–382, § 8, Aug. 17, 1984, 98 Stat. 1344.) (k) promote the realization that the family § 2609. Liability for acts of officers and agents is the basic unit of society; (l) increase our love, honor, service to God, The corporation shall be liable for the acts of and to our fellow man without regard to race, its officers and agents when acting within the creed, color, or national origin; and scope of their authority. (m) function as a veterans’ and patriotic or- (Pub. L. 98–382, § 9, Aug. 17, 1984, 98 Stat. 1345.) ganization as authorized by the laws of the State or States where it is incorporated. § 2610. Books and records; inspection (Pub. L. 98–382, § 3, Aug. 17, 1984, 98 Stat. 1343.) The corporation shall keep correct and complete books and records of account and shall § 2604. Service of process keep minutes of any proceeding of the corpora- With respect to service of process, the corporation involving any of its members, the board of tion shall comply with the laws of the States in directors, or any committee having authority which it is incorporated and those States in under the board of directors. The corporation Page 193 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 2703 shall keep at its principal office a record of the Sec. names and addresses of all members having the 2702. Powers of corporation. 1 2703. Objects and purposes of corporation. right of vote. All books and records of such cor- 2704. Service of process. poration may be inspected by any member hav- 2705. Membership. ing the right to vote, or by any agent or attor- 2706. Board of directors. ney of such member, for any proper purpose, at 2707. Officers. any reasonable time. Nothing in this section 2708. Restrictions. shall be construed to contravene any applicable (a) Distribution of income or assets to members. State law. (b) Loans. (Pub. L. 98–382, § 10, Aug. 17, 1984, 98 Stat. 1345.) (c) Issuance of stock; dividends. (d) Claim of approval or authorization. § 2611. Annual report 2709. Liability for acts of officers and agents. 2710. Books and records; inspection. The corporation shall report annually to the 2711. Annual report. Congress concerning the activities of the cor- 2712. Reservation of right to amend or repeal chap- poration during the preceding fiscal year. Such ter. annual report shall be submitted at the same 2713. ‘‘State’’ defined. 2714. Tax-exempt status. time as is the report of the audit required by 2715. Failure to comply with restrictions or provi- section 1101(60) of this title. The report shall not sions. be printed as a public document. § 2701. Recognition as corporation and grant of (Pub. L. 98–382, § 12, Aug. 17, 1984, 98 Stat. 1345.) Federal charter REFERENCES IN TEXT (a) The Jewish War Veterans of the United Section 1101(60) of this title, referred to in text, was States of America, Incorporated, organized and in the original ‘‘section 11 of this Act’’, meaning sec- incorporated as a nonprofit entity under the tion 11 of Pub. L. 98–382, which amended section 1101 of this title to include the Catholic War Veterans of the laws of the State of New York, is hereby recog- United States of America, Incorporated, within the def- nized as such and is granted a Federal charter. inition of ‘‘private corporations established under Fed- (b) The corporation shall retain and maintain eral law’’. Section 1103 of this title requires a report to its status as a corporation organized and incor- Congress on the annual audit of private corporations porated under the laws of the State of New established under Federal law. York. § 2612. Reservation of right to amend or repeal (Pub. L. 98–391, § 1, Aug. 21, 1984, 98 Stat. 1358.) chapter § 2702. Powers of corporation The right to alter, amend, or repeal this chap- The Jewish War Veterans of the United States ter is expressly reserved to the Congress. of America, Incorporated (hereinafter referred (Pub. L. 98–382, § 13, Aug. 17, 1984, 98 Stat. 1345.) to as the ‘‘corporation’’), shall have only those powers granted to it through its bylaws and ar- § 2613. ‘‘State’’ defined ticles of incorporation filed in the State or For purposes of this chapter, the term ‘‘State’’ States in which it is incorporated and subject to includes the District of Columbia, the Common- the laws of such State or States. wealth of Puerto Rico, and the territories and (Pub. L. 98–391, § 2, Aug. 21, 1984, 98 Stat. 1358.) possessions of the United States. (Pub. L. 98–382, § 14, Aug. 17, 1984, 98 Stat. 1345.) § 2703. Objects and purposes of corporation § 2614. Tax-exempt status The objects and purposes of the corporation are those provided in its articles of incorpora- The corporation shall maintain its status as tion and shall include a continuing commit- an organization exempt from taxation as pro- ment, on a national basis, to— vided in title 26. If the corporation fails to main- (1) maintain true allegiance to the United tain such status, the charter granted hereby States of America; shall expire. (2) foster and perpetuate true Americanism; (Pub. L. 98–382, § 15, Aug. 17, 1984, 98 Stat. 1345.) (3) combat whatever tends to impair the effi- ciency and permanency of our free institu- § 2615. Failure to comply with restrictions or pro- tions; visions (4) uphold the fair name of the Jew and fight his battles wherever unjustly assailed; If the corporation shall fail to comply with (5) encourage the doctrine of universal lib- any of the restrictions or provisions of this erty, equal rights and full justice to all men; 1 chapter the charter granted hereby shall ex- (6) combat the powers of bigotry and dark- pire. ness wherever originating and whatever the (Pub. L. 98–382, § 16, Aug. 17, 1984, 98 Stat. 1346.) target; (7) preserve the spirit of comradeship by mu- CHAPTER 59—JEWISH WAR VETERANS OF tual helpfulness to comrades and their fami- THE UNITED STATES OF AMERICA, INC. lies; Sec. (8) cooperate with and support existing edu- 2701. Recognition as corporation and grant of Fed- cational institutions and establish educational eral charter. institutions, and foster the education of ex- servicemen and ex-servicewomen and members 1 So in original. Probably should be ‘‘to’’. of the corporation in the ideals and principles 1 So in original. Probably should be followed by a comma. of Americanism; § 2704 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 194

(9) instill love of country and flag and to (Pub. L. 98–391, § 8, Aug. 21, 1984, 98 Stat. 1359.) promote sound minds and bodies in members of the corporation and their youth; and § 2709. Liability for acts of officers and agents (10) preserve the memories and records of pa- The corporation shall be liable for the acts of triotic service performed by the men and its officers and agents when acting within the women of the Jewish faith and to honor their scope of their authority. memory and shield from neglect the graves of our heroic dead. (Pub. L. 98–391, § 9, Aug. 21, 1984, 98 Stat. 1359.) (Pub. L. 98–391, § 3, Aug. 21, 1984, 98 Stat. 1358.) § 2710. Books and records; inspection § 2704. Service of process The corporation shall keep correct and complete books and records of accounts and shall With respect to service of process, the corpora- keep minutes of any proceeding of the corporation shall comply with the laws of the States in tion involving any of its members, the board of which it is incorporated and those States in directors, or any committee having authority which it carries on its activities in furtherance under the board of directors. The corporation of its corporate purposes. shall keep at its principal office a record of the (Pub. L. 98–391, § 4, Aug. 21, 1984, 98 Stat. 1359.) names and addresses of all members having the right to vote. All books and records of such cor- § 2705. Membership poration may be inspected by any member having the right to vote, or by any agent or attor- Eligibility for membership in the corporation ney of such member, for any proper purpose, at and the rights and privileges of members shall, any reasonable time. Nothing in this section except as provided in this chapter, be as pro- shall be construed to contravene any applicable vided in the bylaws and constitution of the cor- State law. poration. (Pub. L. 98–391, § 10, Aug. 21, 1984, 98 Stat. 1360.) (Pub. L. 98–391, § 5, Aug. 21, 1984, 98 Stat. 1359.) § 2711. Annual report § 2706. Board of directors The corporation shall report annually to the The board of directors of the corporation and Congress concerning the activities of the cor- the responsibilities thereof shall be as provided poration during the preceding fiscal year. Such in the articles of incorporation of the corpora- annual report shall be submitted at the same tion and in conformity with the laws of the time as is the report of the audit required by State or States in which it is incorporated. section 1101(62) of this title. The report shall not (Pub. L. 98–391, § 6, Aug. 21, 1984, 98 Stat. 1359.) be printed as a public document. § 2707. Officers (Pub. L. 98–391, § 12, Aug. 21, 1984, 98 Stat. 1360.) REFERENCES IN TEXT The officers of the corporation, and the election of such officers shall be as is provided in Section 1101(62) of this title, referred to in text, was the articles of incorporation of the corporation in the original ‘‘section 11 of this Act’’, meaning sec- and in conformity with the laws of the State or tion 11 of Pub. L. 98–391, which amended section 1101 of this title to include the Jewish War Veterans of the States wherein it is incorporated. United States of America within the definition of ‘‘pri- (Pub. L. 98–391, § 7, Aug. 21, 1984, 98 Stat. 1359.) vate corporations established under Federal law’’. Sec- tion 1103 of this title requires a report to Congress on § 2708. Restrictions the annual audit of private corporations established under Federal law. (a) Distribution of income or assets to members No part of the income or assets of the corpora- § 2712. Reservation of right to amend or repeal tion shall inure to any member, officer, or direc- chapter tor of the corporation or be distributed to any The right to alter, amend, or repeal this chap- such person during the life of this charter. Noth- ter is expressly reserved to the Congress. ing in this subsection shall be construed to prevent the payment of reasonable compensation to (Pub. L. 98–391, § 13, Aug. 21, 1984, 98 Stat. 1360.) the officers of the corporation or reimbursement § 2713. ‘‘State’’ defined for actual necessary expenses in amounts approved by the board of directors. For purposes of this chapter, the term ‘‘State’’ includes the District of Columbia, the Common- (b) Loans wealth of Puerto Rico, and the territories and The corporation shall not make any loan to possessions of the United States. any officer, director, or employee of the corporation. (Pub. L. 98–391, § 14, Aug. 21, 1984, 98 Stat. 1360.) (c) Issuance of stock; dividends § 2714. Tax-exempt status The corporation shall have no power to issue The corporation shall maintain its status as any shares of stock nor to declare or pay any an organization exempt from taxation as pro- dividends. vided in title 26. If the corporation fails to main- (d) Claim of approval or authorization tain such status, the charter granted hereby The corporation shall not claim congressional shall expire. approval or Federal Government authority for (Pub. L. 98–391, § 15, Aug. 21, 1984, 98 Stat. 1361; any of its activities. Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095.) Page 195 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 2808

AMENDMENTS ing in the active United States Navy, United 1986—Pub. L. 99–514 substituted ‘‘Internal Revenue States Marine Corps, or the United States Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’, Coast Guard or who are serving in the Active which for purposes of codification was translated as Reserves thereof; and ‘‘title 26’’ thus requiring no change in text. (3) to perform such charitable activities as provided by the constitution or bylaws of the § 2715. Failure to comply with restrictions or pro- corporation. visions (Pub. L. 98–520, § 3, Oct. 19, 1984, 98 Stat. 2428.) If the corporation shall fail to comply with any of the restrictions or provisions of this § 2804. Service of process chapter, the charter granted hereby shall expire. With respect to service of process, the corpora- (Pub. L. 98–391, § 16, Aug. 21, 1984, 98 Stat. 1361.) tion shall comply with the laws of the States in which it is incorporated and those States in CHAPTER 60—NAVY WIVES CLUBS OF which it carries on its activities in furtherance AMERICA of its corporate purposes. Sec. (Pub. L. 98–520, § 4, Oct. 19, 1984, 98 Stat. 2428.) 2801. Recognition as corporation and grant of Fed- eral charter. § 2805. Membership 2802. Powers of corporation. 2803. Objects and purposes of corporation. Eligibility for membership in the corporation 2804. Service of process. and the rights and privileges of members shall 2805. Membership. be as provided in the bylaws of the corporation. 2806. Board of directors. 2807. Officers. (Pub. L. 98–520, § 5, Oct. 19, 1984, 98 Stat. 2428.) 2808. Restrictions. (a) Distribution of income or assets to § 2806. Board of directors members. (b) Loans. The board of directors of the corporation and (c) Political activities. the responsibilities thereof shall be as provided (d) Issuance of stock; dividends. in the articles of incorporation of the corpora- (e) Claim of approval or authorization. tion and in conformity with the laws of the (f) Retention of status under State laws. State or States in which it is incorporated. 2809. Liability for acts of officers and agents. 2810. Books and records; inspection. (Pub. L. 98–520, § 6, Oct. 19, 1984, 98 Stat. 2428.) 2811. Annual report. 2812. Reservation of right to amend or repeal chap- § 2807. Officers ter. 2813. ‘‘State’’ defined. The officers of the corporation, and the elec- 2814. Tax-exempt status. tion of such officers shall be as is provided in 2815. Failure to comply with restrictions or provi- the articles of incorporation of the corporation sions. and in conformity with the laws of the State or CROSS REFERENCES States wherein it is incorporated. Navy Club of the United States of America, see sec- (Pub. L. 98–520, § 7, Oct. 19, 1984, 98 Stat. 2429.) tion 140 et seq. of this title. § 2808. Restrictions § 2801. Recognition as corporation and grant of Federal charter (a) Distribution of income or assets to members No part of the income or assets of the corpora- Navy Wives Clubs of America, organized and tion shall inure to any member, officer, or direc- incorporated under the laws of the State of Cali- tor of the corporation or be distributed to any fornia, is hereby recognized as such and is grant- such person during the life of this charter. Noth- ed a charter. ing in this subsection shall be construed to pre- (Pub. L. 98–520, § 1, Oct. 19, 1984, 98 Stat. 2428.) vent the payment of reasonable compensation to the officers of the corporation or reimbursement § 2802. Powers of corporation for actual necessary expenses in amounts ap- Navy Wives Clubs of America (hereinafter re- proved by the board of directors. ferred to as the ‘‘corporation’’) shall have only (b) Loans those powers granted to it through its bylaws The corporation shall not make any loan to and articles of incorporation filed in the State any officer, director, or employee of the corpora- or States which it is incorporated and subject to tion. the laws of such State or States. (c) Political activities (Pub. L. 98–520, § 2, Oct. 19, 1984, 98 Stat. 2428.) The corporation and any officer and director § 2803. Objects and purposes of corporation of the corporation, acting as such officer or director, shall not contribute to, support or other- The objects and purposes for which the cor- wise participate in any political activity or in poration is organized shall be those provided in any manner attempt to influence legislation. its articles of incorporation and also shall be— (1) to support the Constitution of the United (d) Issuance of stock; dividends States; The corporation shall have no power to issue (2) to promote a friendly relationship be- any shares of stock nor to declare or pay any tween the wives of enlisted men who are serv- dividends. § 2809 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 196

(e) Claim of approval or authorization § 2814. Tax-exempt status The corporation shall not claim congressional The corporation shall maintain its status as approval or Federal Government authority for an organization exempt from taxation as pro- any of its activities. vided in title 26. If the corporation fails to main- (f) Retention of status under State laws tain such status, the charter granted hereby The corporation shall retain and maintain its shall expire. status as a corporation organized and incor- (Pub. L. 98–520, § 15, Oct. 19, 1984, 98 Stat. 2430; porated under the laws of the State or States Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095.) wherein it is incorporated. AMENDMENTS (Pub. L. 98–520, § 8, Oct. 19, 1984, 98 Stat. 2429.) 1986—Pub. L. 99–514 substituted ‘‘Internal Revenue § 2809. Liability for acts of officers and agents Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’, which for purposes of codification was translated as The corporation shall be liable for the acts of ‘‘title 26’’ thus requiring no change in text. its officers and agents when acting within the § 2815. Failure to comply with restrictions or pro- scope of their authority. visions (Pub. L. 98–520, § 9, Oct. 19, 1984, 98 Stat. 2429.) If the corporation shall fail to comply with § 2810. Books and records; inspection any of the restrictions or provisions of this chapter 1 the charter granted hereby shall ex- The corporation shall keep correct and com- pire. plete books and records of account and shall keep minutes of any proceeding of the corpora- (Pub. L. 98–520, § 16, Oct. 19, 1984, 98 Stat. 2430.) tion involving any of its members, the board of CHAPTER 61—NATIONAL SOCIETY, directors, or any committee having authority DAUGHTERS OF THE AMERICAN COLONISTS under the board of directors. The corporation shall keep at its principal office a record of the Sec. names and addresses of all members having the 2901. Recognition as corporation and grant of Fed- right to vote. All books and records of such cor- eral charter. 2902. Powers of corporation. poration may be inspected by any member hav- 2903. Objects and purposes of corporation. ing the right to vote, or by any agent or attor- 2904. Service of process. ney of such member, for any proper purpose, at 2905. Membership; prohibition on discrimination. any reasonable time. Nothing in this section 2906. Board of directors. shall be construed to contravene any applicable 2907. Officers. State law. 2908. Restrictions. (a) Distribution of assets or income to (Pub. L. 98–520, § 10, Oct. 19, 1984, 98 Stat. 2429.) members. (b) Loans. § 2811. Annual report (c) Political activities. (d) Issuance of stock; dividends. The corporation shall report annually to the (e) Claim of approval or authorization. Congress concerning the activities of the cor- (f) Retention of status under State laws. poration during the preceding fiscal year. Such 2909. Exclusive right to name, emblems, seals, and annual report shall be submitted at the same badges. time as is the report of the audit required by 2910. Liability for acts of officers and agents. section 1101(67) of this title. The report shall not 2911. Books and records; inspection. be printed as a public document. 2912. Annual report. 2913. Reservation of right to amend or repeal chap- (Pub. L. 98–520, § 12, Oct. 19, 1984, 98 Stat. 2430.) ter. 2914. ‘‘State’’ defined. REFERENCES IN TEXT 2915. Tax-exempt status. Section 1101(67) of this title, referred to in text, was 2916. Failure to comply with restrictions or provi- in the original ‘‘section 11 of this Act’’, meaning sec- sions. tion 11 of Pub. L. 98–520, which amended section 1101 of this title to include the Navy Wives Clubs of America § 2901. Recognition as corporation and grant of within the definition of ‘‘private corporations estab- Federal charter lished under Federal law’’. Section 1103 of this title re- National Society, Daughters of the American quires a report to Congress on the annual audit of pri- Colonists, organized and incorporated under the vate corporations established under Federal law. laws of the District of Columbia in 1921, is here- § 2812. Reservation of right to amend or repeal by recognized as such and is granted a charter. chapter (Pub. L. 98–561, § 1, Oct. 30, 1984, 98 Stat. 2910.) The right to alter, amend, or repeal this chap- § 2902. Powers of corporation ter is expressly reserved to the Congress. National Society, Daughters of the American (Pub. L. 98–520, § 13, Oct. 19, 1984, 98 Stat. 2430.) Colonists (hereinafter referred to as the ‘‘cor- § 2813. ‘‘State’’ defined poration’’) shall have only those powers granted to it through its bylaws and articles of incorpo- For purposes of this chapter, the term ‘‘State’’ ration filed in the State or States in which it is includes the District of Columbia, the Common- incorporated and subject to the laws of such wealth of Puerto Rico, and the territories and State or States. possessions of the United States.

(Pub. L. 98–520, § 14, Oct. 19, 1984, 98 Stat. 2430.) 1 So in original. Probably should be followed by a comma. Page 197 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 2911

(Pub. L. 98–561, § 2, Oct. 30, 1984, 98 Stat. 2910.) § 2908. Restrictions § 2903. Objects and purposes of corporation (a) Distribution of assets or income to members The objects and purposes for which the cor- No part of the income or assets of the corpora- poration is organized shall be those provided in tion shall inure to any member, officer, or direc- its articles of incorporation and shall include a tor of the corporation or be distributed to any continuing commitment, on a national basis, such person during the life of this charter. Noth- to— ing in this subsection shall be construed to pre- (1) conduct research with respect to the his- vent the payment of reasonable compensation to tory and deeds of the American colonists, and the officers of the corporation or reimbursement record and publish the results of such re- for actual necessary expenses in amounts ap- search; proved by the board of directors. (2) publish the memoirs of American colo- (b) Loans nists; The corporation shall not make any loan to (3) erect memorials to commemorate the any officer, director, or employee of the corpora- history and deeds of the American colonists; tion. (4) promote respect and admiration for the institutions, laws, and flag of the United (c) Political activities States; The corporation and any officer and director (5) engage in mutual improvement and edu- of the corporation, acting as such officer or di- cational activities; and rector, shall not contribute to, support, or (6) establish scholarships to assist needy and otherwise participate in any political activity or deserving students and to promote the im- in any manner attempt to influence legislation. provement of educational institutions, engage (d) Issuance of stock; dividends in volunteer service and make contributions to veterans hospitals, and perform such other The corporation shall have no power to issue charitable activities including the national any shares of stock nor to declare or pay any presidents’ projects as may be provided by the dividends. articles of incorporation or bylaws of the soci- (e) Claim of approval or authorization ety. The corporation shall not claim congressional (Pub. L. 98–561, § 3, Oct. 30, 1984, 98 Stat. 2910.) approval or Federal Government authority for any of its activities. § 2904. Service of process (f) Retention of status under State laws With respect to service of process, the corpora- The corporation shall retain and maintain its tion shall comply with the laws of the States in status as a corporation organized and incor- which it is incorporated and those States in porated under the laws of the State or States which it carries on its activities in furtherance wherein it is incorporated. of its corporate purposes. (Pub. L. 98–561, § 8, Oct. 30, 1984, 98 Stat. 2911.) (Pub. L. 98–561, § 4, Oct. 30, 1984, 98 Stat. 2910.) § 2909. Exclusive right to name, emblems, seals, § 2905. Membership; prohibition on discrimina- and badges tion Subject to established or vested rights, the Eligibility for membership in the corporation corporation shall have the sole and exclusive and the rights and privileges of members shall, right to have and to use, in carrying out its pur- except as provided in this chapter, be as proposes, the name National Society, Daughters of vided in the constitution and bylaws of the cor- the American Colonists and any emblem, seal, poration, and terms of membership and require- or badge adopted or used by the corporation. ments for holding office within the corporation shall not be discriminatory on the basis of race, (Pub. L. 98–561, § 9, Oct. 30, 1984, 98 Stat. 2911.) color, religion, or national origin. § 2910. Liability for acts of officers and agents (Pub. L. 98–561, § 5, Oct. 30, 1984, 98 Stat. 2911.) The corporation shall be liable for the acts of § 2906. Board of directors its officers and agents when acting within the scope of their authority. The board of directors of the corporation and the responsibilities thereof shall be as provided (Pub. L. 98–561, § 10, Oct. 30, 1984, 98 Stat. 2911.) in the articles of incorporation or bylaws of the corporation and in conformity with the laws of § 2911. Books and records; inspection the State or States in which it is incorporated. The corporation shall keep correct and com- (Pub. L. 98–561, § 6, Oct. 30, 1984, 98 Stat. 2911.) plete books and records of account and shall keep minutes of any proceeding of the corpora- § 2907. Officers tion involving any of its members, the board of directors, or any committee having authority The officers of the corporation, and the elec- under the board of directors. The corporation tion of such officers shall be as is provided in shall keep at its principal office a record of the the articles of incorporation or bylaws of the names and addresses of all members having the corporation and in conformity with the laws of right to vote. All books and records of such cor- the State or States wherein it is incorporated. poration may be inspected by any member hav- (Pub. L. 98–561, § 7, Oct. 30, 1984, 98 Stat. 2911.) ing the right to vote, or by any agent or attor- § 2912 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 198 ney of such member, for any proper purpose, at Sec. any reasonable time. Nothing in this section 3002. Powers of corporation. 3003. Objects and purposes of corporation. shall be construed to contravene any applicable 3004. Service of process. State law. 3005. Membership; prohibition on discrimination. (Pub. L. 98–561, § 11, Oct. 30, 1984, 98 Stat. 2912.) 3006. Board of directors. 3007. Officers. § 2912. Annual report 3008. Restrictions. (a) Distribution of income or assets to The corporation shall report annually to the members. Congress concerning the activities of the cor- (b) Loans. poration during the preceding fiscal year. Such (c) Political activities. (d) Issuance of stock; dividends. annual report shall be submitted at the same (e) Claim of approval or authorization. time as is the report of the audit required by 3009. Liability for acts of officers and agents. section 1101(66) of this title. The report shall not 3010. Books and records; inspection. be printed as a public document. 3011. Annual report. 3012. Reservation of right to amend or repeal chap- (Pub. L. 98–561, § 13, Oct. 30, 1984, 98 Stat. 2912.) ter. 3013. ‘‘State’’ defined. REFERENCES IN TEXT 3014. Tax-exempt status. Section 1101(66) of this title, referred to in text, was 3015. Exclusive right to name, emblems, seals, and in the original ‘‘section 11 of this Act’’, and was trans- badges. lated as reading ‘‘section 12 of this Act’’ meaning sec- 3016. Failure to comply with restrictions or provi- tion 12 of Pub. L. 98–561, which amended section 1101 of sions. this title to include the National Society, Daughters of the American Colonists, within the definition of ‘‘pri- § 3001. Recognition as corporation and grant of vate corporations established under Federal law’’, to Federal charter reflect the probable intent of Congress. Section 1103 of this title requires a report to Congress on the annual The 369th Veterans’ Association, a nonprofit audit of private corporations established under Federal corporation organized under the laws of the law. State of New York, is hereby recognized as such and is granted a charter. § 2913. Reservation of right to amend or repeal chapter (Pub. L. 98–565, § 1, Oct. 30, 1984, 98 Stat. 2920.) The right to alter, amend, or repeal this chap- § 3002. Powers of corporation ter is expressly reserved to the Congress. 369th Veterans’ Association (hereinafter re- (Pub. L. 98–561, § 14, Oct. 30, 1984, 98 Stat. 2912.) ferred to as the ‘‘corporation’’) shall have only those powers granted to it through its bylaws § 2914. ‘‘State’’ defined and articles of incorporation filed in the State For purposes of this chapter, the term ‘‘State’’ or States in which it is incorporated and subject includes the District of Columbia, the Common- to the laws of such State or States. wealth of Puerto Rico, and the territories and (Pub. L. 98–565, § 2, Oct. 30, 1984, 98 Stat. 2920.) possessions of the United States. § 3003. Objects and purposes of corporation (Pub. L. 98–561, § 15, Oct. 30, 1984, 98 Stat. 2912.) The objects and purposes of the corporation § 2915. Tax-exempt status are those provided in its articles of incorporation and shall include— The corporation shall maintain its status as (1) to promote the principles of friendship an organization exempt from taxation as pro- and good will among its members; vided in title 26. If the corporation fails to main- (2) to engage in all forms of social and civic tain such status, the charter granted hereby endeavors that will tend to enhance the wel- shall expire. fare of its members, and to inculcate in them (Pub. L. 98–561, § 16, Oct. 30, 1984, 98 Stat. 2913; the true principles of good citizenship; and Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095.) (3) to memorialize, individually and collec- tively, the patriotic services of its members in AMENDMENTS the several units of the 369th antiaircraft ar- 1986—Pub. L. 99–514 substituted ‘‘Internal Revenue tillery group and other units in the Armed Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’, Forces of the United States. which for purposes of codification was translated as ‘‘title 26’’ thus requiring no change in text. (Pub. L. 98–565, § 3, Oct. 30, 1984, 98 Stat. 2920.) § 2916. Failure to comply with restrictions or pro- § 3004. Service of process visions With respect to service of process, the corpora- If the corporation shall fail to comply with tion shall comply with the laws of the States in any of the restrictions or provisions of this which it is incorporated and those States in chapter, the charter granted hereby shall expire. which it carries on its activities in furtherance of its corporate purposes. (Pub. L. 98–561, § 17, Oct. 30, 1984, 98 Stat. 2913.) (Pub. L. 98–565, § 4, Oct. 30, 1984, 98 Stat. 2920.) CHAPTER 62—369TH VETERANS’ ASSOCIATION § 3005. Membership; prohibition on discrimination Sec. 3001. Recognition as corporation and grant of Fed- Eligibility for membership in the corporation eral charter. and the rights and privileges of members shall, Page 199 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 3016 except as provided in this chapter, be as pro- keep minutes of any proceeding of the corpora- vided in the constitution and bylaws of the cor- tion involving any of its members, the board of poration, and terms of membership and require- directors, or any committee having authority ments for holding office within the corporation under the board of directors. The corporation shall not be discriminatory on the basis of race, shall keep at its principal office a record of the color, religion, or national origin. names and addresses of all members having the right to vote. All books and records of such cor- (Pub. L. 98–565, § 5, Oct. 30, 1984, 98 Stat. 2920.) poration may be inspected by any member hav- § 3006. Board of directors ing the right to vote, or by any agency or attorney of such member, for any proper purpose, at The board of directors of the corporation and any reasonable time. Nothing in this section the responsibilities thereof shall be as provided shall be construed to contravene any applicable in the articles of incorporation of the corpora- State law. tion and in conformity with the laws of the (Pub. L. 98–565, § 10, Oct. 30, 1984, 98 Stat. 2921.) State or States in which it is incorporated. § 3011. Annual report (Pub. L. 98–565, § 6, Oct. 30, 1984, 98 Stat. 2921.) The corporation shall report annually to the § 3007. Officers Congress concerning the activities of the cor- The officers of the corporation, and the elec- poration during the preceding fiscal year. Such tion of such officers shall be as provided in the annual report shall be submitted at the same articles of incorporation of the corporation and time as is the report of the audit required by in conformity with the laws of the State or section 1101(65) of this title. The report shall not be printed as a public document. States wherein it is incorporated. (Pub. L. 98–565, § 12, Oct. 30, 1984, 98 Stat. 2922.) (Pub. L. 98–565, § 7, Oct. 30, 1984, 98 Stat. 2921.) REFERENCES IN TEXT § 3008. Restrictions Section 1101(65) of this title, referred to in text, was (a) Distribution of income or assets to members in the original ‘‘section 11 of this Act’’, meaning section 11 of Pub. L. 98–565, which amended section 1101 of No part of the income or assets of the corpora- this title to include the 369th Veterans Association tion shall inure to any member, officer, or direc- within the definition of ‘‘private corporations estab- tor of the corporation or be distributed to any lished under Federal law’’. Section 1103 of this title re- such person during the life of this charter. Noth- quires a report to Congress on the annual audit of pri- ing in this subsection shall be construed to pre- vate corporations established under Federal law. vent the payment of reasonable compensation to § 3012. Reservation of right to amend or repeal the officers of the corporation or reimbursement chapter for actual necessary expenses in amounts approved by the board of directors. The right to alter, amend, or repeal this chapter is expressly reserved to the Congress. (b) Loans (Pub. L. 98–565, § 13, Oct. 30, 1984, 98 Stat. 2922.) The corporation shall not make any loan to any officer, director, or employee of the corpora- § 3013. ‘‘State’’ defined tion. For purposes of this chapter, the term ‘‘State’’ (c) Political activities includes the District of Columbia, the Common- The corporation and any officer and director wealth of Puerto Rico, and the territories and of the corporation, acting as such officer or di- possessions of the United States. rector, shall not contribute to, support or other- (Pub. L. 98–565, § 14, Oct. 30, 1984, 98 Stat. 2922.) wise participate in any political activity or in any manner attempt to influence legislation. § 3014. Tax-exempt status (d) Issuance of stock; dividends The corporation shall maintain its status as an organization exempt from taxation as pro- The corporation shall have no power to issue vided in title 26. If the corporation fails to main- any shares of stock nor to declare or pay any tain such status, the charter granted hereby dividends. shall expire. (e) Claim of approval or authorization (Pub. L. 98–565, § 15, Oct. 30, 1984, 98 Stat. 2922.) The corporation shall not claim congressional approval or Federal Government authority for § 3015. Exclusive right to name, emblems, seals, any of its activities. and badges (Pub. L. 98–565, § 8, Oct. 30, 1984, 98 Stat. 2921.) The corporation shall have the sole and exclusive right to use the name ‘‘369th Veterans’ As- § 3009. Liability for acts of officers and agents sociation’’, and such seals, emblems, and badges as the corporation may lawfully adopt. Nothing The corporation shall be liable for the acts of in this section shall be construed to interfere or its officers and agents when acting within the conflict with established or vested rights. scope of their authority. (Pub. L. 98–565, § 16, Oct. 30, 1984, 98 Stat. 2922.) (Pub. L. 98–565, § 9, Oct. 30, 1984, 98 Stat. 2921.) § 3016. Failure to comply with restrictions or pro- § 3010. Books and records; inspection visions The corporation shall keep correct and com- If the corporation shall fail to comply with plete books and records of accounts and shall any of the restrictions or provisions of this § 3101 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 200 chapter 1 the charter granted hereby shall ex- AMENDMENTS pire. 1991—Par. (3). Pub. L. 102–54 substituted ‘‘medical fa- (Pub. L. 98–565, § 17, Oct. 30, 1984, 98 Stat. 2922.) cilities of the Department of Veterans Affairs’’ for ‘‘Veterans’ Administration Hospitals’’. CHAPTER 63—WOMEN’S ARMY CORPS § 3104. Service of process VETERANS’ ASSOCIATION With respect to service of process, the corpora- Sec. tion shall comply with the laws of the States in 3101. Recognition as corporation and grant of Fed- eral charter. which it is incorporated and in which it carries 3102. Powers of corporation. on activities in furtherance of its corporate pur- 3103. Objects and purposes of corporation. poses. 3104. Service of process. (Pub. L. 98–584, § 4, Oct. 30, 1984, 98 Stat. 3097.) 3105. Membership. 3106. Board of directors. § 3105. Membership 3107. Officers. 3108. Restrictions. Eligibility for membership in the corporation (a) Distribution of income or assets to and the rights and privileges of members shall members. be as provided in the constitution and bylaws of (b) Loans. the corporation. (c) Political activities. (d) Issuance of stock; dividends. (Pub. L. 98–584, § 5, Oct. 30, 1984, 98 Stat. 3097.) (e) Claim of approval or authorization. 3109. Liability for acts of officers and agents. § 3106. Board of directors 3110. Books and records; inspection. 3111. Annual report. The board of directors of the corporation and 3112. Reservation of right to amend or repeal chap- the responsibilities thereof shall be as provided ter. in the articles of incorporation of the corpora- 3113. ‘‘State’’ defined. tion and in conformity with the laws of the 3114. Tax-exempt status. States in which it is incorporated. 3115. Failure to comply with restrictions or provisions. (Pub. L. 98–584, § 6, Oct. 30, 1984, 98 Stat. 3097.)

§ 3101. Recognition as corporation and grant of § 3107. Officers Federal charter The officers of the corporation and the elec- The Women’s Army Corps Veterans’ Associa- tion of such officers shall be as provided in the tion, a nonprofit corporation organized under articles of incorporation of the corporation and the laws of the District of Columbia, is recog- shall be in conformity with the laws of the nized as such and is granted a Federal charter. States in which it is incorporated. (Pub. L. 98–584, § 1, Oct. 30, 1984, 98 Stat. 3097.) (Pub. L. 98–584, § 7, Oct. 30, 1984, 98 Stat. 3098.) § 3108. Restrictions § 3102. Powers of corporation (a) Distribution of income or assets to members The Women’s Army Corp Veterans’ Associa- tion (hereinafter in this chapter referred to as No part of the income or assets of the corpora- the ‘‘corporation’’), shall have only those powers tion may inure to any member, officer, or direc- granted to it through its bylaws and articles of tor of the corporation or be distributed to any incorporation filed in the States in which it is such individual during the life of this charter. incorporated, and subject to the laws of such Nothing in this subsection shall be construed to States. prevent the payment of reasonable compensation to the officers of the corporation or reim- (Pub. L. 98–584, § 2, Oct. 30, 1984, 98 Stat. 3097.) bursement for actual and necessary expenses in amounts approved by the board of directors. § 3103. Objects and purposes of corporation (b) Loans The objects and purposes of the corporation The corporation may not make any loan to are those provided in its articles of incorpora- any officer, director, or employee of the corporation and shall include a continuing commitment tion. on a national basis to— (1) promote the general welfare of all veter- (c) Political activities ans, especially women veterans, who have Neither the corporation nor any officer or di- served or are serving in the United States rector thereof may contribute to, support, or Army, the Army Reserve, and the Army Na- otherwise participate in any political activity or tional Guard; attempt in any manner to influence legislation. (2) recognize outstanding women in college (d) Issuance of stock; dividends ROTC units throughout the United States; and (3) provide services and support to patients The corporation shall have no power to issue in medical facilities of the Department of Vet- any shares of stock or to declare or pay any erans Affairs throughout the United States. dividends. (e) Claim of approval or authorization (Pub. L. 98–584, § 3, Oct. 30, 1984, 98 Stat. 3097; Pub. L. 102–54, § 13(n)(7), June 13, 1991, 105 Stat. The corporation shall not claim the approval 278.) or authorization of the Federal Government for any of its activities.

1 So in original. Probably should be followed by a comma. (Pub. L. 98–584, § 8, Oct. 30, 1984, 98 Stat. 3098.) Page 201 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 3203

§ 3109. Liability for acts of officers and agents (Pub. L. 98–584, § 16, Oct. 30, 1984, 98 Stat. 3099.) The corporation shall be liable for the acts of CHAPTER 64—AMERICAN CHEMICAL its officers and agents when acting within the SOCIETY scope of their authority. (Pub. L. 98–584, § 9, Oct. 30, 1984, 98 Stat. 3098.) Sec. 3201. Corporation created. § 3110. Books and records; inspection 3202. Objects of corporation. 3203. Powers of corporation. The corporation shall keep correct and com- 3204. Cooperation with military; title to inventions plete books and records of accounts and shall and discoveries. keep minutes of any proceeding of the corpora- 3205. Acquisition of property by devise, bequest, tion involving any of its members, the board of donation, or otherwise. directors, or any committee having authority 3206. Completion of organization. under the board of directors. The corporation 3207. Rights of creditors. 3208. Annual report. shall keep at its principal office a record of the 3209. Reservation of right to amend or repeal chap- names and addresses of all members having the ter. right to vote in any proceeding of the corporation. All books and records of such corporation § 3201. Corporation created may be inspected by any member having the right to vote in any corporation proceeding, or The persons following: Robert T. Baldwin, Ed- by any agent or attorney of such member, for ward Bartow, Erle M. Billings, E. K. Bolton, Wil- any proper purpose at any reasonable time. lard H. Dow, Gustavus J. Esselen, Arthur J. Hill, Nothing in this section shall be construed to Townes R. Leigh, Thomas Midgely, Junior, contravene any applicable State law. Charles L. Parsons, R. E. Swain, E. R. Weidlein, Frank C. Whitmore, H. H. Willard, and R. E. Wil- (Pub. L. 98–584, § 10, Oct. 30, 1984, 98 Stat. 3098.) son, being persons who are now directors of the § 3111. Annual report American Chemical Society, a corporation existing under the laws of the State of New York, The corporation shall report annually to the their associates and successors duly chosen, and Congress concerning the activities of the cor- such other persons as now are or may hereafter poration during the preceding fiscal year. Such be associated with them as officers or members annual report shall be submitted at the same of said American Chemical Society, are hereby time as the report of the audit of the corpora- incorporated and constituted and declared to be tion required by section 1102 of this title. The re- a body corporate by the name of American port shall not be printed as a public document. Chemical Society. (Pub. L. 98–584, § 12, Oct. 30, 1984, 98 Stat. 3099.) (Aug. 25, 1937, ch. 762, § 1, 50 Stat. 798.) § 3112. Reservation of right to amend or repeal chapter EFFECTIVE DATE Section 10 of act Aug. 25, 1937, provided: ‘‘That this The right to amend or repeal this chapter is Act [enacting this chapter] shall date from the 1st day expressly reserved to the Congress. of January 1938. Approved, August 25, 1937.’’ (Pub. L. 98–584, § 13, Oct. 30, 1984, 98 Stat. 3099.) § 3202. Objects of corporation § 3113. ‘‘State’’ defined The objects of the incorporation shall be to For purposes of this chapter, the term ‘‘State’’ encourage in the broadest and most liberal man- includes the District of Columbia, the Common- ner the advancement of chemistry in all its wealth of Puerto Rico, the Commonwealth of branches; the promotion of research in chemical the Northern Mariana Islands, and the terri- science and industry; the improvement of the tories and possessions of the United States. qualifications and usefulness of chemists (Pub. L. 98–584, § 14, Oct. 30, 1984, 98 Stat. 3099.) through high standards of professional ethics, education, and attainments; the increase and § 3114. Tax-exempt status diffusion of chemical knowledge; and by its The corporation shall maintain its status as meetings, professional contacts, reports, papers, an organization exempt from taxation as pro- discussions, and publications, to promote sci- vided in title 26. If the corporation fails to main- entific interests and inquiry, thereby fostering tain such status, the charter granted by this public welfare and education, aiding the devel- chapter shall expire. opment of our country’s industries, and adding to the material prosperity and happiness of our (Pub. L. 98–584, § 15, Oct. 30, 1984, 98 Stat. 3099; people. Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095.) (Aug. 25, 1937, ch. 762, § 2, 50 Stat. 798.) AMENDMENTS 1986—Pub. L. 99–514 substituted ‘‘Internal Revenue § 3203. Powers of corporation Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’, which for purposes of codification was translated as The American Chemical Society shall have ‘‘title 26’’ thus requiring no change in text. power to make its own organization, including its constitution, bylaws, rules, and regulations; § 3115. Failure to comply with restrictions or pro- to fill all vacancies created by death, resigna- visions tion, or otherwise; to provide for the election of If the corporation fails to comply with any of members, their division into classes, and all the restrictions or provisions of this chapter, other matters needful and useful to promote the the charter granted by this chapter shall expire. objects of the society. It shall hold an annual § 3204 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 202 meeting at such place in the United States as poration; and said directors herein named, on may from time to time be designated. behalf of the corporation hereby incorporated, shall thereupon receive, take over, and enter (Aug. 25, 1937, ch. 762, § 3, 50 Stat. 799.) into possession, custody, and management of all § 3204. Cooperation with military; title to inven- property, real or personal, of the corporation tions and discoveries heretofore known as the American Chemical So- ciety, incorporated as hereinbefore set out under The American Chemical Society shall, when- the laws of the State of New York on November ever called upon by the Army, Air Force, or 9, 1877, and to all its rights, contracts, claims, Navy Department, investigate, examine, experi- and property of any kind or nature; and the sev- ment, and report upon any subject in pure or ap- eral officers of such corporation, or any other plied chemistry connected with the national de- person having charge of any of the securities, fense, the actual expense of such investigations, funds, real or personal, books or property there- examinations, experiments, and reports to be of, shall, on demand, deliver the same to the paid from appropriations which may have been said directors appointed by this chapter or to made for that purpose by Congress, but the soci- the persons appointed by them to receive the ety shall receive no compensation whatever for same; and the directors of the existing corpora- any services to the Government of the United tion and the directors herein named shall and States: Provided, That the title to any and all in- may take such other steps as shall be necessary ventions and discoveries made in the course of to carry out the purposes of this chapter. such investigations, examinations, and experi- (Aug. 25, 1937, ch. 762, § 6, 50 Stat. 799.) ments that, in the opinion of the Secretary of the Navy, the Secretary of the Air Force, or the § 3207. Rights of creditors Secretary of Army, involve the national defense, The rights of the creditors of the said existing shall vest in the Government of the United New York corporation known as the American States, and the Government of the United Chemical Society shall not in any manner be States shall have unlimited license under all impaired by the passage of this Act, or the other inventions and discoveries. transfer of the property hereinbefore mentioned, (Aug. 25, 1937, ch. 762, § 4, 50 Stat. 799; July 26, nor shall any liability or obligation for the pay- 1947, ch. 343, title II, §§ 205(a), 207(a), (f), 61 Stat. ment of any sums due or to become due, or any 501–503.) claim or demand, in any manner or for any cause existing against the said New York cor- CHANGE OF NAME poration, be released or impaired; but such cor- Department and Secretary of the Air Force inserted poration hereby incorporated is declared to suc- under the authority of section 207(a), (f) of act July 26, ceed to the obligations and liabilities and to be 1947, ch. 343, title II, 61 Stat. 501, 502. Department of held liable to pay and discharge all of the debts, War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by liabilities, and contracts of the said New York section 205(a) of such act July 26, 1947. Sections 205(a) corporation so existing to the same effect as if and 207(a), (f) of act July 26, 1947 were repealed by sec- such new corporation had itself incurred the ob- tion 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Sec- ligation or liability to pay such debt or dam- tion 1 of act Aug. 10, 1956 enacted ‘‘Title 10, Armed ages, and no such action or proceeding before Forces’’, which in sections 3010 to 3013 and 8010 to 8013 any court or tribunal shall be deemed to have continued Departments of the Army and Air Force abated or been discontinued by reason of the under administrative supervision of Secretary of Army passage of this chapter. and Secretary of the Air Force, respectively. (Aug. 25, 1937, ch. 762, § 7, 50 Stat. 799.) § 3205. Acquisition of property by devise, bequest, donation, or otherwise § 3208. Annual report The American Chemical Society be, and the The corporation shall, on or before the 1st day same is hereby, authorized and empowered to re- of December in each year, transmit to Congress ceive, by devise, bequest, donation, or otherwise, a report of its proceedings and activities for the either real or personal property and to hold the preceding calendar year. Such reports shall not same absolutely or in trust, and to invest, rein- be printed as public documents. vest, and manage the same and to apply said (Aug. 25, 1937, ch. 762, § 8, 50 Stat. 800; Aug. 30, property and the income arising therefrom to 1964, Pub. L. 88–504, § 4(38), 78 Stat. 638.) the objects of its creation. AMENDMENTS (Aug. 25, 1937, ch. 762, § 5, 50 Stat. 799.) 1964—Pub. L. 88–504 struck out before period at end of first sentence ‘‘including the full and complete state- § 3206. Completion of organization ment of its receipts and expenditures’’. As soon as may be possible after the passage of § 3209. Reservation of right to amend or repeal this Act a meeting of the directors hereinbefore chapter named shall be held at the city of Washington in the District of Columbia by notice served in per- The right to alter, amend, or repeal this chap- son or by mail addressed to each director at his ter is hereby expressly reserved. place of residence by the Secretary of the Amer- (Aug. 25, 1937, ch. 762, § 9, 50 Stat. 800.) ican Chemical Society, a New York corporation, and the said directors, or a majority thereof, CHAPTER 65—THE AMERICAN NATIONAL being assembled, shall organize and proceed to THEATER AND ACADEMY adopt bylaws, to elect officers and appoint com- Sec. mittees, and generally to organize the said cor- 3301. Corporation created. Page 203 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 3306

Sec. (July 5, 1935, ch. 373, § 1, 49 Stat. 457.) 3302. Nonprofit and without capital stock; purposes of corporation. § 3302. Nonprofit and without capital stock; pur- 3303. Powers of corporation. poses of corporation 3304. Nonpolitical nature of corporation. 3305. Exclusive right to name. The corporation shall be nonprofit and with- 3306. Headquarters. 3307. Acquisition of property by devise, bequest, out capital stock. Its purposes shall embrace: donation, or otherwise. (a) The presentation of theatrical productions 3308. Annual report. of the highest type; 3309. Agents for service of process. (b) The stimulation of public interest in the 3310. Reservation of right to amend or repeal chap- drama as an art belonging both to the theater ter. and to literature and thereby to be enjoyed both § 3301. Corporation created on the stage and in the study; (c) The advancement of interest in the drama Leopold Stokowski, of Philadelphia, Pennsyl- throughout the United States of America by fur- vania; Evelyn Price (Mrs. Eli Kirk Price), of thering in the production of the best plays, in- Philadelphia, Pennsylvania; George W. Norris, terpreted by the best actors at a minimum cost; of Philadelphia, Pennsylvania; Samuel S. (d) The further development of the study of Fleischer, of Philadelphia, Pennsylvania; Amory drama of the present and past in our univer- Hare Hutchinson, of Philadelphia, Pennsylvania; sities, colleges, schools, and elsewhere; Ellen D. Cleveland (Mrs. Richard F. Cleveland), (e) The sponsoring, encouraging, and develop- of Baltimore, Maryland; Otto T. Mallory, of ing of the art and technique of the theater Philadelphia, Pennsylvania; Roland S. Morris, of Philadelphia, Pennsylvania; Mrs. George H. through a school within the National Academy. Lorimer, of Philadelphia, Pennsylvania; Hugh (July 5, 1935, ch. 373, § 2, 49 Stat. 458.) Hampton Young, of Baltimore, Maryland; Rich- ard F. Cleveland, of Baltimore, Maryland; J. § 3303. Powers of corporation Howard Reber, of Philadelphia, Pennsylvania; The corporation created by this chapter shall Mary Stewart French, of Philadelphia, Pennsyl- have the following powers: vania; Clara R. Mason, of Philadelphia, Pennsyl- To have perpetual succession with power to vania; Katharine Dexter McCormick (Mrs. Stan- sue and to be sued in the courts of law and eq- ley McCormick), of Chicago, Illinois; Evangeline uity; to receive, hold, own, use, mortgage, and Stokowski (Mrs. Leopold Stokowski), of New dispose of such real estate and personal property York, New York; Elsie Jenkins Symington (Mrs. as shall be necessary for its corporate purposes; Donald Symington), of Baltimore, Maryland; B. to adopt a corporate seal and alter the same at Howell Griswold, of Baltimore, Maryland; Ann pleasure; to adopt a constitution, bylaws, and Morgan, of New York, New York; John Hay regulations to carry out its purposes not incon- Whitney, of New York, New York; Otto H. Kahn, sistent with the laws of the United States or any of New York, New York; Harriet Barnes Pratt States; to establish and maintain offices and (Mrs. Harold I. Pratt), of New York, New York; buildings for the conduct of its business; to es- Mrs. W. Murray Crane, of New York, New York; tablish State and Territorial organizations and A. Conger Goodyear, of New York, New York; local branches; and generally to do all such acts Alice Garrett (Mrs. John W. Garrett), of Balti- and things as may be necessary and proper in more, Maryland; John W. Garrett, of Baltimore, carrying into effect the purposes of the corpora- Maryland; Joy Montgomery Higgins, of New tion. York, New York; Arthur Woods, of New York, New York; Helen Woods (Mrs. Arthur Woods), of (July 5, 1935, ch. 373, § 3, 49 Stat. 458.) New York, New York; C. Lawton Campbell, of New York, New York; John H. Finley, of New § 3304. Nonpolitical nature of corporation York, New York; Cass Canfield, of New York, The organization shall be nonpolitical, non- New York; Katharine E. Canfield (Mrs. Cass sectarian, as an organization shall not promote Canfield), of New York, New York; William the candidacy of any persons seeking public of- Rhinelander Stewart, of New York, New York; fice. There shall be no honorary members. Dorothea Blagden (Mrs. Linzee Blagden), of New York, New York; John W. Davis, of New York, (July 5, 1935, ch. 373, § 4, 49 Stat. 458.) New York; Francis Anita Crane, of New York, § 3305. Exclusive right to name New York; Frank L. Polk, of New York, New York; Edward M. M. Warburg, of New York, New Said corporation and its State and local York; William Green, of Washington, District of branches and subdivisions shall have the sole Columbia; Mary Chichester du Pont (Mrs. Felix and exclusive right to have and to use in carry- du Point), of Wilmington, Delaware; Betty ing out its purposes the name ‘‘The American Hawley, of New York, New York; Isabelle Ander- National Theater and Academy.’’ son (Mrs. Larz Anderson), of Washington, Dis- (July 5, 1935, ch. 373, § 5, 49 Stat. 458.) trict of Columbia; Mabel Boardman, of Washing- ton, District of Columbia; Huibertje Lansing § 3306. Headquarters Pryn Hamlin (Mrs. Charles Hamlin), of Washing- ton, District of Columbia; their associates and Said corporation be, and is hereby, authorized successors, duly chosen, are hereby incor- to have its headquarters and hold its meetings porated, constituted, and declared to be a body at such places within or without the District of corporate. The name of this corporation shall be Columbia as it from time to time may deem ‘‘The American National Theater and Acad- best. emy.’’ (July 5, 1935, ch. 373, § 6, 49 Stat. 458.) § 3307 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 204

§ 3307. Acquisition of property by devise, be- Sec. quest, donation, or otherwise 3413. Books and records; inspection. 3414. Repealed. The corporation is hereby authorized and em- 3415. Use of assets on dissolution or liquidation. powered to receive by devise, bequest, donation, 3416. Exclusive right to name, emblems, seals, and or otherwise, either real or personal property, badges. 3417. Acquisition of assets and liabilities of exist- and to hold the same absolutely or in trust and ing corporation. to invest, reinvest, and manage the same in ac- 3418. Reservation of right to amend or repeal chap- cordance with the provisions of its constitution ter. and to apply said property and the income arising therefrom to the objects of its creation and § 3401. Corporation created according to the instructions of its donors. The following persons— (July 5, 1935, ch. 373, § 7, 49 Stat. 459.) Harold Gregory, Salt Lake City, Utah; Samuel R. Rosenbaum, Philadelphia, Penn- § 3308. Annual report sylvania; Mrs. Harry Fagg, Beaumont, Texas; Said corporation shall on or before the 1st day Frank E. Joseph, Shaker Heights, Ohio; of January in each year make and transmit to John D. Wright, Phoenix, Maryland; Congress a report of its proceedings for the pre- Doctor George Szell, Cleveland, Ohio; ceding calendar year: Provided, however, That Henry Denecke, Cedar Rapids, Iowa; said report shall not be printed as a public docu- Harry Levenson, Worcester, Massachusetts; ment. Theodore C. Russell, Jackson, Mississippi; (July 5, 1935, ch. 373, § 8, 49 Stat. 459; Aug. 30, Stanley Williams, Milwaukee, Wisconsin; 1964, Pub. L. 88–504, § 4(4), 78 Stat. 636.) Oliver M. Clegg, Magnolia, Arkansas; R. Philip Hanes, Junior, Winston-Salem, AMENDMENTS North Carolina; 1964—Pub. L. 88–504 struck out before colon ‘‘includ- Mrs. Ben Hale Golden, Lookout Mountain, ing a full and complete report of its receipts and ex- Tennessee; penditures’’. Miles F. Portlock, Junior, Orkney Springs, § 3309. Agents for service of process Virginia; Mrs. B. H. Littlefield, Bradenton, Florida; As a condition precedent to the exercise of any Cecil W. Slocum, Omaha, Nebraska; power or privilege herein granted or conferred, Max Rudolph, Cincinnati, Ohio; ‘‘The American National Theater and Academy’’ Mrs. Ward T. Langstroth, Billings, Montana; shall file in the office of the Secretary or the Elden Bayley, Springfield, Ohio; properly designated officer of each State or Ter- George Barati, Honolulu, Hawaii; ritory or the District of Columbia in which is lo- Mrs. Albert C. Olsen, Buffalo, New York; cated either its headquarters or branches or sub- John Edwards, Pittsburg, Pennsylvania; divisions thereof the name and post-office ad- Mrs. Mignonne P. Ladin, New York, New dress of an authorized agent upon whom legal York; process or demand against ‘‘The American Na- Leslie C. White, Doraville, Georgia; tional Theater and Academy’’ may be served. Mrs. Fitzgerald Parker, Nashville, Ten- nessee; (July 5, 1935, ch. 373, § 9, 49 Stat. 459.) Doctor Peter Paul Fuchs, Baton Rouge, Lou- § 3310. Reservation of right to amend or repeal isiana; chapter R. Wilton Billstein, Woodbury, New Jersey; Mrs. Elizabeth S. Greene, West Hartford, The right to repeal, alter, or amend this chap- Connecticut; ter is hereby expressly reserved. Gibson Morrissey, Roanoke, Virginia; (July 5, 1935, ch. 373, § 10, 49 Stat. 459.) Alfred C. Connable, Kalamazoo, Michigan; Mrs. Holmes Frederick, Greenville, South CHAPTER 66—AMERICAN SYMPHONY Carolina; ORCHESTRA LEAGUE William Steinberg, Pittsburg, Pennsylvania; Virginia Wartman, Allentown, Pennsyl- Sec. vania; 3401. Corporation created. 3402. Completion of organization. Robert L. Conn, Springfield, Illinois; 3403. Purposes of corporation. Paul O. Grammer, Essex Fells, New Jersey; 3404. Powers of corporation. Henry Janiec, Spartanburg, South Carolina; 3405. Principal office; territorial scope of activi- Charles B. Stacy, Charleston, West Virginia; ties; service of process; authorized agent in Doctor James Christian Pfohl, Charlotte, District of Columbia. North Carolina; 3406. Membership; voting rights. Frederick I. Moyer, Castle Rock, Colorado; 3407. Board of directors. Thomas D. Perry, Junior, Hingham, Massa- (a) Composition of initial board. (b) Composition of subsequent boards; chusetts; tenure. Carlos Moseley, New York, New York; (c) Governing period; duties. Mrs. G. Robert Herberger, Scottsdale, Ari- 3408. Officers. zona; 3409. Distribution of income or assets to members; James P. Robertson, Wichita, Kansas; loans. Myron Levite, Brooklyn, New York; 3410. Nonpolitical nature of corporation. Mrs. Leo R. Pflaum, Wayzata, Minnesota; 3411. Liability for acts of officers or agents. 3412. Prohibition against issuance of stock or pay- and their successors, are hereby created and de- ment of dividends. clared to be a body corporate by the name of Page 205 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 3407

American Symphony Orchestra League (herein- the same by mortgage, deed of trust, pledge, after referred to as the corporation) and by such or otherwise, subject in every case to all appli- name shall be known and have perpetual succes- cable provisions of Federal and State laws. sion and the powers, limitations, and restric- (Pub. L. 87–817, § 4, Oct. 15, 1962, 76 Stat. 930.) tions herein contained. (Pub. L. 87–817, § 1, Oct. 15, 1962, 76 Stat. 929.) § 3405. Principal office; territorial scope of activities; service of process; authorized agent in SECTION REFERRED TO IN OTHER SECTIONS District of Columbia This section is referred to in section 3402 of this title. (a) The principal office of the corporation § 3402. Completion of organization shall be located in Charleston, West Virginia, or in such other place as may be later determined A majority of the persons named in section by the board of directors, but the activities of 3401 of this title are authorized to complete the the corporation shall not be confined to that organization of the corporation by the selection place, but may be conducted throughout the of officers and employees, the adoption of a con- United States, the Commonwealth of Puerto stitution and bylaws not inconsistent with this Rico, and the territories and possessions of the chapter, and the doing of such other acts as may United States. be necessary for such purpose. (b) The corporation shall have in the District (Pub. L. 87–817, § 2, Oct. 15, 1962, 76 Stat. 930.) of Columbia at all times a designated agent authorized to accept service of process for the cor- § 3403. Purposes of corporation poration; and notice to or service upon such The purposes of the corporation shall be to— agent, or mailed to the business address of such (1) serve as a coordinating, research and edu- agent, shall be deemed notice to or service upon cational agency and clearinghouse for sym- the corporation. phony orchestras in order to help strengthen (Pub. L. 87–817, § 5, Oct. 15, 1962, 76 Stat. 930.) the work in their local communities; (2) assist in the formation of new symphony § 3406. Membership; voting rights orchestras; (a) Eligibility for membership in the corpora- (3) through suitable means, encourage and tion and the rights, privileges, and designation recognize the work of America’s musicians, of classes of members shall, except as provided conductors, and composers; and in this chapter, be determined as the constitu- (4) aid the expansion of the musical and cul- tion and bylaws of the corporation may provide. tural life of the United States through suit- (b) Each member of the corporation, other able educational and service activities. than honorary, sustaining or associate members, (Pub. L. 87–817, § 3, Oct. 15, 1962, 76 Stat. 930.) shall have the right to one vote on each matter submitted to a vote at all meetings of the mem- § 3404. Powers of corporation bers of the corporation. The corporation shall have power— (Pub. L. 87–817, § 6, Oct. 15, 1962, 76 Stat. 931.) (1) to have succession by its corporate name; (2) to sue and be sued, complain and defend § 3407. Board of directors in any court of competent jurisdiction; (3) to adopt, use, and alter a corporate seal; (a) Composition of initial board (4) to choose such officers, managers, agents, Upon the enactment of this chapter the mem- and employees as the business of the corpora- bership of the initial board of directors of the tion may require; corporation shall consist of the following per- (5) to adopt, amend, and alter a constitution sons: and bylaws, not inconsistent with the laws of R. Wilton Billstein, Woodbury, New Jersey; the United States or any State in which the Igor Buketoff, Fort Wayne, Indiana; corporation is to operate, for the management Mrs. Ronald A. Dougan, Beloit, Wisconsin; of its property and the regulation of its af- Mrs. J. W. Graham, Sioux City, Iowa; fairs; Howard Harrington, Detroit, Michigan; (6) to contract and be contracted with; William Herring, Winston-Salem, North Caro- (7) to take by lease, gift, purchase, grant, de- lina; vise, or bequest from any private corporation, Harold Kendrick, New Haven, Connecticut; association, partnership, firm, or individual Robert MacIntyre, Birmingham, Alabama; and to hold any property, real, personal, or Thomas Perry, Junior, Boston, Massachusetts; mixed, necessary or convenient for attaining Mrs. H. W. Roberts, Dallas, Texas; the objects and carrying into effect the pur- Mrs. Jouett Shouse, Washington, District of poses of the corporation, subject, however, to Columbia; applicable provisions of law of any State (A) Alan Watrous, Dallas, Texas; governing the amount or kind of property John S. Edwards, Pittsburgh, Pennsylvania; which may be held by, or (B) otherwise limit- Mrs. Fred Lazarus III, Cincinnati, Ohio; ing or controlling the ownership of property Charles W. Bonner, Fresno, California; by, a corporation operating in such State; Alfred Connable, Kalamazoo, Michigan; (8) to transfer, convey, lease, sublease, en- Victor Feldbrill, Winnipeg, Manitoba, Canada; cumber, and otherwise alienate real, personal, Mrs. Gerald S. Greene, West Hartford, Con- or mixed property; and necticut; (9) to borrow money for the purposes of the Mrs. G. Robert Herberger, Scottsdale, Arizona; corporation, issue bonds therefor, and secure Thomas Iannaccone, Rochester, New York; § 3408 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 206

Dr. Richard Lert, Hollywood, California; (Pub. L. 87–817, § 10, Oct. 15, 1962, 76 Stat. 932.) Mrs. Fitzgerald Parker, Nashville, Tennessee; Mrs. Leo R. Pflaum, Wayzata, Minnesota; § 3411. Liability for acts of officers or agents Miss Helen Ryan, Orlando, Florida; The corporation shall be liable for the acts of George Szell, Cleveland, Ohio; its officers and agents when acting within the Jackson Wiley, Springfield, Ohio; scope of their authority. George Irwin, Quincy, Illinois; R. H. Wangerin, Louisville, Kentucky. (Pub. L. 87–817, § 11, Oct. 15, 1962, 76 Stat. 932.) (b) Composition of subsequent boards; tenure § 3412. Prohibition against issuance of stock or Thereafter, the board of directors of the cor- payment of dividends poration shall consist of such number, shall be The corporation shall have no power to issue selected in such manner (including the filling of any shares of stock or to declare or pay any vacancies), and shall serve for such term as may dividends. be prescribed in the constitution and bylaws of the corporation. (Pub. L. 87–817, § 12, Oct. 15, 1962, 76 Stat. 932.) (c) Governing period; duties § 3413. Books and records; inspection The board of directors shall be the governing The corporation shall keep correct and com- board of the corporation and, during the inter- plete books and records of account and shall vals between the meetings of members, shall be keep minutes of the proceedings of its members, responsible for the general policies and program board of directors, and committees having any of the corporation and for the control of all con- authority under the board of directors; and it tributed funds as may be raised by the corpora- shall also keep at its principal office a record of tion. the names and addresses of its members entitled (Pub. L. 87–817, § 7, Oct. 15, 1962, 76 Stat. 931.) to vote. All books and records of the corporation may be inspected by any member entitled to § 3408. Officers vote, or his agent or attorney, for any proper purpose, at any reasonable time. (a) The officers of the corporation shall be a president, one or more vice presidents (as may (Pub. L. 87–817, § 13, Oct. 15, 1962, 76 Stat. 932.) be prescribed in the constitution and bylaws of the corporation), a secretary, and a treasurer, § 3414. Repealed. Pub. L. 88–504, § 4(37), Aug. 30, and one or more assistant secretaries and assist- 1964, 78 Stat. 648 ant treasurers as may be provided in the con- Section, Pub. L. 87–817, § 14, Oct. 15, 1962, 76 Stat. 933, stitution and bylaws. related to audit of financial transactions. See sections (b) The officers of the corporation shall be 1101 to 1103 of this title. elected in such manner and for such terms and with such duties as may be prescribed in the § 3415. Use of assets on dissolution or liquidation constitution and bylaws of the corporation. Upon dissolution or final liquidation of the (Pub. L. 87–817, § 8, Oct. 15, 1962, 76 Stat. 932.) corporation, after discharge or satisfaction of all outstanding obligations and liabilities, the § 3409. Distribution of income or assets to mem- remaining assets, if any, of the corporation shall bers; loans be distributed in accordance with the determination of the board of directors of the cor- (a) No part of the income or assets of the corporation and in compliance with the constitu- poration shall inure to any of its members, di- tion and bylaws of the corporation and all Fed- rectors, or officers as such, or be distributable eral and State laws applicable thereto. to any of them during the life of the corporation or upon its dissolution or final liquidation. (Pub. L. 87–817, § 15, Oct. 15, 1962, 76 Stat. 933.) Nothing in this subsection, however, shall be construed to prevent the payment of compensa- § 3416. Exclusive right to name, emblems, seals, tion to officers of the corporation in amounts and badges approved by the board of directors of the cor- The corporation shall have the sole and exclu- poration. sive right to the name ‘‘American Symphony (b) The corporation shall not make loans to its Orchestra League’’ and to have and to use in officers, directors, or employees. Any director carrying out its purposes distinctive insignia, who votes for or assents to the making of a loan emblems and badges, descriptive or designating or advance to an officer, director, or employee of marks, and words or phrases as may be required the corporation, and any officer who partici- in the furtherance of its functions. No powers or pates in the making of such loan or advance, privileges hereby granted shall, however, inter- shall be jointly and severally liable to the cor- fere or conflict with established or vested rights. poration for the amount of such loan until the (Pub. L. 87–817, § 16, Oct. 15, 1962, 76 Stat. 933.) repayment thereof. (Pub. L. 87–817, § 9, Oct. 15, 1962, 76 Stat. 932.) § 3417. Acquisition of assets and liabilities of existing corporation § 3410. Nonpolitical nature of corporation The corporation may acquire the assets of the The corporation, and its officers and directors American Symphony Orchestra League, Incor- as such, shall not contribute to or otherwise porated, a corporation organized under the laws support or assist any political party or can- of the States of Virginia and Michigan, upon dis- didate for public office. charging or satisfactorily providing for the pay- Page 207 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 3503 ment and discharge of all of the liability of such charitable and educational purposes within the corporation and upon complying with all laws of meaning of section 501(c)(3) of title 26 and shall the States of Virginia and Michigan applicable otherwise comply with any requirements for thereto. classification as an exempt organization under such section. Said charitable purposes shall be (Pub. L. 87–817, § 17, Oct. 15, 1962, 76 Stat. 933.) achieved through volunteer efforts on the part § 3418. Reservation of right to amend or repeal of the membership of the General Federation of chapter Women’s Clubs, specifically including arts programs, conservation programs, educational pro- The right to alter, amend, or repeal this chap- grams, homelife programs, international affairs, ter is expressly reserved. public affairs programs advancing information (Pub. L. 87–817, § 18, Oct. 15, 1962, 76 Stat. 933.) regarding public affairs, and community improvement programs. CHAPTER 67—GENERAL FEDERATION OF (c) Use of assets on dissolution WOMEN’S CLUBS In the event of the dissolution of the General Sec. Federation of Women’s Clubs, its board of direc- 3501. Corporation created. tors shall liquidate and distribute its assets to (a) Name, style, and title; perpetual suc- organizations qualified as exempt organizations cession. under section 501(c)(3) of title 26 with purposes (b) Tax exempt status. (c) Use of assets on dissolution. similar to those of the General Federation of 3502. Acquisition of property by devise, bequest, Women’s Clubs. donation, or otherwise. (Mar. 3, 1901, ch. 860, § 1, 31 Stat. 1438; Aug. 7, 3503. Constitution; bylaws; headquarters. 1986, Pub. L. 99–376, 100 Stat. 804; Oct. 22, 1986, 3504. Territorial scope of activities. Pub. L. 99–514, § 2, 100 Stat. 2095.)

§ 3501. Corporation created AMENDMENTS (a) Name, style, and title; perpetual succession 1986—Subsec. (a). Pub. L. 99–376, § 1(1), (2), designated Mrs. Rebecca D. Lowe, Atlanta, Georgia; Mrs. existing provisions as subsec. (a), and struck out ‘‘, for Dimies T. S. Denison, New York, New York; educational, industrial, philanthropic, literary, artis- tic, and scientific culture, and to bring into commu- Miss Margaret J. Evans, Northfield, Minnesota; nication with one another the various Women’s Clubs Mrs. Emma A. Fox, Detroit, Michigan; Mrs. throughout the world, with power in said corporation George W. Kendrick, junior, Philadelphia, Penn- to make and use a common seal, and to alter the same sylvania; Mrs. Emma M. Van Vechten, Cedar at pleasure’’ after ‘‘perpetual succession’’. Rapids, Iowa; Mrs. George H. Noyes, Milwaukee, Subsecs. (b), (c). Pub. L. 99–514 substituted ‘‘Internal Wisconsin; Mrs. Edward L. Buchwalter, Spring- Revenue Code of 1986’’ for ‘‘Internal Revenue Code of field, Ohio; Mrs. William J. Christie, Butte, 1954’’, which for purposes of codification was translated Montana; Mrs. William T. Coad, Rapid City, as ‘‘title 26’’ thus requiring no change in text. Pub. L. 99–376, § 1(3), added subsecs. (b) and (c). South Dakota; Mrs. Laura Rockwell Priddy, Wichita, Kansas; Mrs. Frank Sherwin Streeter, § 3502. Acquisition of property by devise, be- Concord, New Hampshire; Mrs. Anna D. West, quest, donation, or otherwise Somerville, Massachusetts; Mrs. Charles W. Fairbanks, Indiana; Mrs. Lucia E. Blount, Wash- Said corporation is authorized to acquire, by ington, District of Columbia; Mrs. Ralph devise, bequest, or otherwise, hold, purchase, Trautman, New York; Mrs. John L. McNeil, Col- and convey such real and personal estate as orado; Mrs. Mary S. Lockwood, Washington, Dis- shall or may be required for the purpose of its trict of Columbia; Mrs. May Wright Sewall, Indi- incorporation with authority in said corpora- ana; Mrs. J. C. Croly, New York; Miss Mary V. tion, should it be by it deemed necessary so to Temple, Tennessee; Mrs. Phoebe A. Hearst, Cali- do, to mortgage or otherwise encumber the real fornia; Mrs. Kate Tannett Woods, Massachu- estate which it may hereafter own or acquire setts; Mrs. Julia Plato Harvey, Illinois; Mrs. and may give therefor such evidences of indebt- Jane O. Cooper, Colorado; Mrs. Harriet H. Robin- edness as such corporation may decide upon. son, Massachusetts; Mrs. Ellen M. Henrotin, Illi- (Mar. 3, 1901, ch. 860, § 2, 31 Stat. 1439; Apr. 6, nois; Mrs. Mary E. Mumford, Pennsylvania; Mrs. 1922, ch. 121, 42 Stat. 490; June 7, 1934, ch. 425, 48 C. P. Barnes, Kentucky; Mrs. Philip N. Moore, Stat. 925; Dec. 15, 1975, Pub. L. 94–151, § 1, 89 Stat. Missouri; Mrs. Alice Ives Breed, Massachusetts; 809.) Mrs. Frank Trumbull, Colorado; Miss Annie Laws, Ohio; Mrs. Sarah S. Platt-Decker, Colo- AMENDMENTS rado; Mrs. J. C. Royle, Utah; Josephine Bates, 1975—Pub. L. 94–151 struck out ‘‘not exceeding Mary Rogers, Octavia W. Bates, Fanny Purdy $1,500,000,’’ after ‘‘for the purpose of its incorporation’’. Palmer, Julia Ward Howe, Cordelia I. Sterling, 1934—Act June 7, 1934, substituted ‘‘$1,500,000’’ for Katherine Nobles, Mary D. Steele, and their as- ‘‘$500,000’’. 1922—Act Apr. 6, 1922, substituted ‘‘$500,000’’ for ‘‘two sociates and successors, are hereby created a hundred thousand dollars’’. body corporate and politic, of the District of Co- lumbia, by the name, style, and title of the Gen- § 3503. Constitution; bylaws; headquarters eral Federation of Women’s Clubs, and by that name shall have perpetual succession. Said corporation shall have a constitution and may adopt and make by-laws for the admission (b) Tax exempt status and qualifications of members, the management The General Federation of Women’s Clubs of its property, and the regulation of its affairs, shall be organized and operated exclusively for and shall have the power to amend said con- § 3504 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 208 stitution and by-laws at pleasure. Said corpora- the United States or any State in which the tion shall have its headquarters at Washington, corporation is to operate, for the management in the District of Columbia. of its property and the regulation of its affairs. (Mar. 3, 1901, ch. 860, § 3, 31 Stat. 1439.) (5) To charge and collect membership dues § 3504. Territorial scope of activities and subscription fees and to receive contributions or grants of money or property to be Said corporation be, and it is hereby, author- used to carry out its purposes. ized to hold its meetings at such places outside (6) To establish, regulate, and maintain of- of Washington, in the District of Columbia, as it fices for the conduct of the affairs of the cor- from time to time may deem best. poration. (Mar. 3, 1901, ch. 860, § 4, as added Apr. 28, 1904, (7) To promote the formation of auxiliaries, ch. 1790, 33 Stat. 542; amended June 7, 1934, ch. the membership requirements of which shall 425, 48 Stat. 925.) be determined according to the constitution and the bylaws of the corporation. AMENDMENTS (8) To publish a magazine or other publica- 1934—Act June 7, 1934, struck out ‘‘biennial’’ before tions. ‘‘meetings’’. (9) To adopt emblems and badges. (10) To do any and all lawful acts and things CHAPTER 68—PEARL HARBOR SURVIVORS necessary or desirable to carry out the objects ASSOCIATION and purposes of the corporation.

Sec. (Pub. L. 99–119, § 2, Oct. 7, 1985, 99 Stat. 498.) 3601. Recognition as corporation and grant of Fed- eral charter. § 3603. Objects and purposes of corporation 3602. Powers of corporation. The objects and purposes of the corporation 3603. Objects and purposes of corporation. 3604. Service of process. are those provided in its articles of incorpora- 3605. Membership; prohibition on discrimination. tion and shall include the following: 3606. Board of directors. (1) To uphold and defend the Constitution of 3607. Officers. the United States. 3608. Restrictions. (2) To collate, preserve, and encourage the (a) Distribution of income or assets to study of historical episodes, chronicles, me- members. mentos, and events pertaining to ‘‘The Day of (b) Loans; advances. Infamy, 7 December 1941’’, and in particular (c) Issuance of stock; dividends. (d) Political activities. those memories and records of patriotic serv- (e) Claim of approval or authorization. ice performed by the heroic Pearl Harbor sur- 3609. Liability for acts of officers and agents. vivors and nonsurvivors. 3610. Books and records; inspection. (3) To shield from neglect the graves, past 3611. Annual report. and future, of those who served at Pearl Har- 3612. Reservation of right to amend or repeal chap- bor on such day. ter. (4) To stimulate communities and political 3613. ‘‘State’’ defined. subdivisions into taking more interest in the 3614. Tax-exempt status. 3615. Exclusive right to name, seals, emblems, and affairs and future of the United States in order badges. to keep our Nation alert. 3616. Failure to comply with restrictions or provi- (5) To fight unceasingly for our national se- sions. curity in order to protect the United States from enemies within and without our borders. § 3601. Recognition as corporation and grant of (6) To preserve the American way of life and Federal charter to foster the spirit and practice of American- The Pearl Harbor Survivors Association, a ism. nonprofit corporation organized under the laws (7) To instill love of country and flag and to of the State of Missouri, is recognized as such promote soundness of mind and body in the and is granted a Federal charter. youth of our Nation. (Pub. L. 99–119, § 1, Oct. 7, 1985, 99 Stat. 498.) (Pub. L. 99–119, § 3, Oct. 7, 1985, 99 Stat. 498.) § 3604. Service of process § 3602. Powers of corporation With respect to service of process, the corpora- The Pearl Harbor Survivors Association (here- tion shall comply with the laws of the State in inafter in this chapter referred to as the ‘‘cor- which it is incorporated and those States in poration’’) shall have those powers granted to it which it carries on its activities in furtherance through its bylaws and articles of incorporation of its corporate purposes. filed in the State in which it is incorporated and subject to the laws of such State, and such pow- (Pub. L. 99–119, § 4, Oct. 7, 1985, 99 Stat. 499.) ers shall include the following: § 3605. Membership; prohibition on discrimina- (1) To sue and be sued, complain, and defend tion in any court of competent jurisdiction. (2) To adopt, alter, and use a corporate seal. Eligibility for membership in the corporation (3) To take gifts, legacies, and devises which and the rights and privileges of members of the will further the corporate purposes. corporation shall be as provided in the constitu- (4) To adopt, alter, and amend a constitution tion and bylaws of the corporation, except that and bylaws, not inconsistent with the laws of terms of membership and requirements for hold- Page 209 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 3616 ing office within the corporation shall not be keep minutes of any proceeding involving any of discriminatory on the basis of race, color, reli- its members, the board of directors, or any com- gion, or national origin. mittee having authority under the board of di- (Pub. L. 99–119, § 5, Oct. 7, 1985, 99 Stat. 499.) rectors. The corporation shall keep at its principal office a record of the names and addresses § 3606. Board of directors of all members having the right to vote in any proceeding of the corporation. All books and The composition of the board of directors of records of the corporation may be inspected by the corporation and the responsibilities of such any member, or any agent or attorney of such board shall be as provided in the articles of in- member, for any proper purpose, at any reason- corporation of the corporation and in conform- able time. ity with the laws of the State in which it is incorporated. (Pub. L. 99–119, § 10, Oct. 7, 1985, 99 Stat. 500.) (Pub. L. 99–119, § 6, Oct. 7, 1985, 99 Stat. 499.) § 3611. Annual report § 3607. Officers The corporation shall report annually to the Congress concerning the activities of the cor- The positions of officers of the corporation poration during the preceding fiscal year. Such and the election of members to such positions annual report shall be submitted at the same shall be as provided in the articles of incorpora- time as the report of the audit of the corporation of the corporation and in conformity with tion required pursuant to section 1102 of this the laws of the State in which it is incorporated. title. The report shall not be printed as a public (Pub. L. 99–119, § 7, Oct. 7, 1985, 99 Stat. 499.) document. (Pub. L. 99–119, § 12, Oct. 7, 1985, 99 Stat. 500.) § 3608. Restrictions (a) Distribution of income or assets to members § 3612. Reservation of right to amend or repeal chapter No part of the income or assets of the corporation shall inure to any member, officer, or direc- The right to alter, amend, or repeal this chap- tor of the corporation or be distributed to any ter is expressly reserved to the Congress. such person during the life of the corporation or (Pub. L. 99–119, § 13, Oct. 7, 1985, 99 Stat. 500.) upon its dissolution or final liquidation. Noth- ing in this subsection shall be construed to pre- § 3613. ‘‘State’’ defined vent the payment of compensation to the offi- For purposes of this chapter, the term ‘‘State’’ cers of the corporation for services rendered to includes the District of Columbia, the Common- the corporation or to prevent their reimburse- wealth of Puerto Rico, the Commonwealth of ment for actual necessary expenses in amounts the Northern Mariana Islands, and the terri- approved by the board of directors. tories and possessions of the United States. (b) Loans; advances (Pub. L. 99–119, § 14, Oct. 7, 1985, 99 Stat. 500.) The corporation shall have no power to make loans or advances to any member, officer, direc- § 3614. Tax-exempt status tor, or employee of the corporation. The corporation shall maintain its status as (c) Issuance of stock; dividends an organization exempt from taxation as pro- The corporation shall have no power to issue vided in title 26. any shares of stock or to declare or pay any (Pub. L. 99–119, § 15, Oct. 7, 1985, 99 Stat. 500; Pub. dividends. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095.) (d) Political activities AMENDMENTS The corporation and its officers, employees, and agents acting as such shall have no power to 1986—Pub. L. 99–514 substituted ‘‘Internal Revenue Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’, contribute to, support, or otherwise participate which for purposes of codification was translated as in any political activity or in any manner at- ‘‘title 26’’ thus requiring no change in text. tempt to influence legislation. (e) Claim of approval or authorization § 3615. Exclusive right to name, seals, emblems, and badges The corporation shall have no power to claim congressional approval or Federal Government The corporation and its regional districts and authority for any of its activities. local branches shall have the sole and exclusive right to use in carrying out its purposes the (Pub. L. 99–119, § 8, Oct. 7, 1985, 99 Stat. 499.) name ‘‘Pearl Harbor Survivors Association’’, § 3609. Liability for acts of officers and agents and such seals, emblems, and badges as the corporation may adopt. The corporation shall be liable for the acts of (Pub. L. 99–119, § 16, Oct. 7, 1985, 99 Stat. 501.) its officers and agents when they have acted within the scope of their authority. § 3616. Failure to comply with restrictions or pro- (Pub. L. 99–119, § 9, Oct. 7, 1985, 99 Stat. 500.) visions If the corporation shall fail to comply with § 3610. Books and records; inspection any of the restrictions or provisions of this The corporation shall keep correct and com- chapter, the charter granted by this chapter plete books and records of accounts and shall shall expire. § 3701 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 210

(Pub. L. 99–119, § 17, Oct. 7, 1985, 99 Stat. 501.) General reports of the various States, military and biographical records and accounts of the CHAPTER 69—DAUGHTERS OF UNION individual service of Union soldiers, sailors, VETERANS OF THE CIVIL WAR 1861–1865 and marines, diaries, letters, relics, and other Sec. records. 3701. Recognition as corporation and grant of Fed- (4) Promulgating and teaching American eral charter. history, particularly the history of the Civil 3702. Powers of corporation. War period, through the establishment of 3703. Objects and purposes of corporation. scholarship programs at the National and 3704. Service of process. State levels, the presentation of American 3705. Membership. flags to youth groups and newly naturalized 3706. Board of directors. citizens, and the sponsorship of contests of 3707. Officers. 3708. Restrictions. educational merit. (a) Distribution of income or assets to (5) Caring for veterans of all wars through members. volunteer programs in Department of Veter- (b) Loans. ans Affairs medical centers and in homes and (c) Political activities. other institutions maintained by the States (d) Issuance of stock; dividends. for the welfare of American veterans. (e) Claim of approval or authorization. (6) Participating, in a spirit of cooperation 3709. Liability for acts of officers and agents. and reciprocity, in programs with other soci- 3710. Books and records; inspection. 3711. Annual report. eties devoted to American history, veterans’ 3712. Reservation of right to amend or repeal chap- affairs, or community interests. ter. The corporation shall function as a veterans’ 3713. ‘‘State’’ defined. and patriotic organization as authorized by the 3714. Tax-exempt status. 3715. Failure to comply with restrictions or provi- laws of the State or States in which it is incor- sions. porated. (Pub. L. 99–172, § 3, Dec. 9, 1985, 99 Stat. 1020; Pub. § 3701. Recognition as corporation and grant of L. 102–54, § 13(n)(8), June 13, 1991, 105 Stat. 278.) Federal charter The Daughters of Union Veterans of the Civil AMENDMENTS War 1861–1865, a nonprofit corporation organized 1991—Par. (5). Pub. L. 102–54 substituted ‘‘Department under the laws of the State of Ohio, is recog- of Veterans Affairs’’ for ‘‘Veterans’ Administration’’. nized as such and is granted a Federal charter. (Pub. L. 99–172, § 1, Dec. 9, 1985, 99 Stat. 1020.) § 3704. Service of process With respect to service of process, the corpora- § 3702. Powers of corporation tion shall comply with the laws of the States in The Daughters of Union Veterans of the Civil which it is incorporated and those States in War 1861–1865 (hereinafter in this chapter re- which it carries on its activities in furtherance ferred to as the ‘‘corporation’’) shall have only of its corporate purposes. those powers granted to it through its bylaws (Pub. L. 99–172, § 4, Dec. 9, 1985, 99 Stat. 1021.) and articles of incorporation filed in the State or States in which it is incorporated and subject § 3705. Membership to the laws of such State or States. (Pub. L. 99–172, § 2, Dec. 9, 1985, 99 Stat. 1020.) Eligibility for membership in the corporation and the rights and privileges of members of the § 3703. Objects and purposes of corporation corporation shall be as provided in the constitution and bylaws of the corporation. The objects and purposes of the corporation are those provided in its articles of incorpora- (Pub. L. 99–172, § 5, Dec. 9, 1985, 99 Stat. 1021.) tion and, for the purpose of perpetuating the memories of the fathers of the Daughters of § 3706. Board of directors Union Veterans of the Civil War 1861–1865, their The composition of the board of directors of loyalty to the Union, and their unselfish sac- the corporation and the responsibilities of such rifices for the preservation of the same, shall in- board shall be as provided in the articles of include the following: corporation of the corporation and in conform- (1) Encouraging the preservation of historic ity with the laws of the State or States in which sites and the construction and preservation of it is incorporated. monuments commemorating any aspect of the Civil War. (Pub. L. 99–172, § 6, Dec. 9, 1985, 99 Stat. 1021.) (2) Building and maintaining a Museum of Civil War History, admission to which shall be § 3707. Officers free and open to the public, in the city of The positions of officers of the corporation Springfield, Illinois, as a repository of Civil and the election of members to such positions War documents, artifacts, and cultural relics. shall be as provided in the articles of incorpora- (3) Maintaining a library in connection with tion of the corporation and in conformity with the Civil War museum, admission to which the laws of the State or States in which it is in- shall be open to the public, containing the of- corporated. ficial volumes of the War of the Rebellion Records, Civil War genealogical files, Adjutant (Pub. L. 99–172, § 7, Dec. 9, 1985, 99 Stat. 1021.) Page 211 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 3715

§ 3708. Restrictions annual report shall be submitted at the same time as the report of the audit required by sec- (a) Distribution of income or assets to members tion 1101(70) of this title. The report shall not be No part of the income or assets of the corpora- printed as a public document. tion may inure to the benefit of any member, officer, or director of the corporation or be dis- (Pub. L. 99–172, § 12, Dec. 9, 1985, 99 Stat. 1022.) tributed to any such individual during the life of REFERENCES IN TEXT this charter. Nothing in this subsection shall be Section 1101(70) of this title, referred to in text, was construed to prevent the payment of reasonable in the original ‘‘section 11 of this Act’’, meaning sec- compensation to the officers of the corporation tion 11 of Pub. L. 99–172, which amended section 1101 of or reimbursement for actual and necessary ex- this title to include Daughters of Union Veterans of the penses in amounts approved by the board of di- Civil War 1861–1865 within the definition of ‘‘private rectors. corporations established under Federal law’’. Section 1103 of this title requires a report to Congress on the (b) Loans annual audit of private corporations established under The corporation may not make any loan to Federal law. any officer, director, or employee of the corporation. § 3712. Reservation of right to amend or repeal chapter (c) Political activities (1) The corporation may not contribute to, The right to alter, amend, or repeal this chap- support, or otherwise participate in any politi- ter is expressly reserved to the Congress. cal activity or attempt in any manner to influ- (Pub. L. 99–172, § 13, Dec. 9, 1985, 99 Stat. 1022.) ence legislation. (2) No officer or director of the corporation, § 3713. ‘‘State’’ defined acting as such officer or director, may commit For purposes of this chapter, the term ‘‘State’’ any act prohibited under paragraph (1) of this includes the District of Columbia, the Common- subsection. wealth of Puerto Rico, the Commonwealth of (d) Issuance of stock; dividends the Northern Mariana Islands, and the terri- The corporation shall have no power to issue tories and possessions of the United States. any shares of stock nor to declare or pay any (Pub. L. 99–172, § 14, Dec. 9, 1985, 99 Stat. 1022.) dividends. § 3714. Tax-exempt status (e) Claim of approval or authorization The corporation shall not claim congressional The corporation shall maintain its status as approval or the authorization of the Federal an organization exempt from taxation as pro- Government for any of its activities. vided in title 26. If the corporation fails to maintain such status, the charter granted by this (Pub. L. 99–172, § 8, Dec. 9, 1985, 99 Stat. 1021.) chapter shall expire. § 3709. Liability for acts of officers and agents (Pub. L. 99–172, § 15, Dec. 9, 1985, 99 Stat. 1022; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095.) The corporation shall be liable for the acts of its officers and agents whenever such officers AMENDMENTS and agents have acted within the scope of their 1986—Pub. L. 99–514 substituted ‘‘Internal Revenue authority. Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’, (Pub. L. 99–172, § 9, Dec. 9, 1985, 99 Stat. 1022.) which for purposes of codification was translated as ‘‘title 26’’ thus requiring no change in text. § 3710. Books and records; inspection § 3715. Failure to comply with restrictions or pro- The corporation shall keep correct and com- visions plete books and records of account and minutes If the corporation shall fail to comply with of any proceeding of the corporation involving any of the restrictions or provisions of this any of its members, the board of directors, or chapter, the charter granted by this chapter any committee having authority under the shall expire. board of directors. The corporation shall keep, at its principal office, a record of the names and (Pub. L. 99–172, § 16, Dec. 9, 1985, 99 Stat. 1023.) addresses of all members having the right to vote in any proceeding of the corporation. All CHAPTER 70—VIETNAM VETERANS OF books and records of such corporation may be AMERICA, INC. inspected by any member having the right to Sec. vote in any corporation proceeding, or by any 3801. Recognition as corporation and grant of Fed- agent or attorney of such member, for any prop- eral charter. er purpose at any reasonable time. Nothing in 3802. Powers of corporation. this section shall be construed to contravene 3803. Objects and purposes of corporation. any applicable State law. 3804. Service of process. 3805. Membership. (Pub. L. 99–172, § 10, Dec. 9, 1985, 99 Stat. 1022.) 3806. Board of directors. 3807. Officers. § 3711. Annual report 3808. Prohibition on discrimination. 3809. Restrictions. The corporation shall report annually to the (a) Distribution of income or assets to Congress concerning the activities of the cor- members. poration during the preceding fiscal year. Such (b) Loans. § 3801 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 212

Sec. § 3804. Service of process (c) Issuance of stock; dividends. (d) Claim of approval or authorization. With respect to service of process, the corpora- 3810. Liability for acts of officers and agents. tion shall comply with the laws of the State in 3811. Books and records; inspection. which it is incorporated and those States in 3812. Annual report. which it carries on its activities in furtherance 3813. Reservation of right to amend or repeal charter. of its corporate purposes. 3814. ‘‘State’’ defined. (Pub. L. 99–318, § 4, May 23, 1986, 100 Stat. 475.) 3815. Tax-exempt status. 3816. Exclusive right to name, seals, emblems, and § 3805. Membership badges. 3817. Failure to comply with restrictions or provi- Except as provided in section 3808 of this title, sions. eligibility for membership in the corporation and the rights and privileges of members shall § 3801. Recognition as corporation and grant of be as provided in the constitution and bylaws of Federal charter the corporation. The Vietnam Veterans of America, Inc., a non- (Pub. L. 99–318, § 5, May 23, 1986, 100 Stat. 475.) profit corporation organized under the laws of the State of New York, is hereby recognized as § 3806. Board of directors such and is granted a charter. Except as provided in section 3808 of this title, (Pub. L. 99–318, § 1, May 23, 1986, 100 Stat. 474.) the board of directors of the corporation, and the responsibilities of the board, shall be as pro- § 3802. Powers of corporation vided in the constitution and bylaws of the cor- The Vietnam Veterans of America, Inc. (here- poration and in conformity with the laws of the inafter in this chapter referred to as the ‘‘cor- State in which it is incorporated. poration’’), shall have only those powers granted (Pub. L. 99–318, § 6, May 23, 1986, 100 Stat. 475.) to it through its articles of incorporation filed in the State in which it is incorporated and its § 3807. Officers constitution and bylaws, and subject to the laws Except as provided in section 3808 of this title, of such State. the officers of the corporation, and the election (Pub. L. 99–318, § 2, May 23, 1986, 100 Stat. 474.) of such officers, shall be as provided in the constitution and bylaws of the corporation and in § 3803. Objects and purposes of corporation conformity with the laws of the State in which The objects and purposes of the corporation it is incorporated. are those stated in its articles of incorporation, (Pub. L. 99–318, § 7, May 23, 1986, 100 Stat. 475.) constitution, and bylaws and include a commitment to— § 3808. Prohibition on discrimination (1) uphold and defend the Constitution of the In establishing the conditions of membership United States; in the corporation and in determining the re- (2) foster the improvement of the condition quirements for serving on the board of directors of Vietnam-era veterans; or as an officer of the corporation, the corpora- (3) promote the social welfare (including tion may not discriminate on the basis of race, educational, economic, social, physical, and color, religion, sex, national origin, handicap, or cultural improvement) in the United States by age. encouraging the growth and development, readjustment, self-respect, self-confidence and (Pub. L. 99–318, § 8, May 23, 1986, 100 Stat. 475.) usefulness of Vietnam-era veterans and other SECTION REFERRED TO IN OTHER SECTIONS veterans; This section is referred to in sections 3805, 3806, 3807 (4) improve conditions for Vietnam-era vet- of this title. erans and develop channels of communication to assist Vietnam-era veterans; § 3809. Restrictions (5) conduct and publish research, on a non- (a) Distribution of income or assets to members partisan basis, pertaining to the relationship No part of the income or assets of the corpora- between Vietnam-era veterans and the Amer- tion shall inure to any person who is a member, ican society, to the Vietnam war experience, officer, or director of the corporation or be dis- to the role of the United States in securing tributed to any such person during the life of peaceful coexistence for the world community, this charter. Nothing in this subsection shall be and to other matters which affect the edu- construed to prevent the payment of reasonable cational, economic, social, physical, or cul- compensation to the officers of the corporation tural welfare of Vietnam-era veterans and or reimbursement for actual necessary expenses other veterans and the families of such veter- in amounts approved by the board of directors. ans; (6) assist disabled Vietnam-era veterans and (b) Loans other veterans in need of assistance and the The corporation shall not make any loan to dependents and survivors of such veterans; and any officer, director, or employee of the corpora- (7) consecrate the efforts of the members of tion. the corporation and Vietnam-era veterans (c) Issuance of stock; dividends generally to mutual helpfulness and service to The corporation shall have no power to issue their country. any shares of stock nor to declare or pay any (Pub. L. 99–318, § 3, May 23, 1986, 100 Stat. 474.) dividends. Page 213 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 3903

(d) Claim of approval or authorization § 3816. Exclusive right to name, seals, emblems, The corporation shall not claim congressional and badges approval or Federal Government authority by The corporation shall have the sole and exclu- virtue of this chapter for any of its activities. sive right to use the name ‘‘The Vietnam Veter- (Pub. L. 99–318, § 9, May 23, 1986, 100 Stat. 475.) ans of America, Inc.’’, ‘‘Vietnam Veterans of America, Inc.’’, and ‘‘Vietnam Veterans of § 3810. Liability for acts of officers and agents America’’, and such seals, emblems, and badges as the corporation may lawfully adopt. Nothing The corporation shall be liable for the acts of in this section shall be construed to interfere or its officers and agents when acting within the conflict with established or vested rights. scope of their authority. (Pub. L. 99–318, § 17, May 23, 1986, 100 Stat. 476.) (Pub. L. 99–318, § 10, May 23, 1986, 100 Stat. 475.) § 3817. Failure to comply with restrictions or pro- § 3811. Books and records; inspection visions The corporation shall keep correct and com- If the corporation shall fail to comply with plete books and records of accounts and shall any of the restrictions or provisions of this keep minutes of any proceeding of the corpora- chapter, the charter granted by this chapter tion involving any of its members, the board of shall expire. directors, or any committee having authority (Pub. L. 99–318, § 18, May 23, 1986, 100 Stat. 477.) under the board of directors. The corporation shall keep at its principal office a record of the CHAPTER 71—ARMY AND NAVY UNION OF names and addresses of all members having the THE UNITED STATES OF AMERICA right to vote. All books and records of the cor- Sec. poration may be inspected by any member hav- 3901. Recognition as corporation and grant of Fed- ing the right to vote, or by any agent or attor- eral charter. ney of such member, for any proper purpose, at 3902. Powers of corporation. any reasonable time. Nothing in this section 3903. Objects and purposes of corporation. shall be construed to contravene any applicable 3904. Service of process. State law. 3905. Membership. 3906. Board of directors. (Pub. L. 99–318, § 11, May 23, 1986, 100 Stat. 475.) 3907. Officers. 3908. Restrictions. § 3812. Annual report (a) Distribution of income or assets to members. The corporation shall report annually to the (b) Loans. Congress concerning the activities of the cor- (c) Political activities. poration during the preceding fiscal year. Such (d) Issuance of stock; dividends. annual report shall be submitted at the same (e) Claim of approval or authorization. time as is the report of the audit of the corpora- (f) Retention of status under State laws. 3909. Liability for acts of officers and agents. tion required by section 1102 of this title. The re- 3910. Books and records; inspection. port shall not be printed as a public document. 3911. Annual report. (Pub. L. 99–318, § 13, May 23, 1986, 100 Stat. 476.) 3912. Reservation of right to amend or repeal chapter. 3913. ‘‘State’’ defined. § 3813. Reservation of right to amend or repeal 3914. Tax-exempt status. charter 3915. Failure to comply with restrictions or provi- The right to alter, amend, or repeal this char- sions. ter is expressly reserved to the Congress. § 3901. Recognition as corporation and grant of (Pub. L. 99–318, § 14, May 23, 1986, 100 Stat. 476.) Federal charter The Army and Navy Union of the United § 3814. ‘‘State’’ defined States of America, organized and incorporated For purposes of this chapter, the term ‘‘State’’ under the laws of the State of Ohio, is hereby includes the District of Columbia, the Common- recognized as such and is granted a charter. wealth of Puerto Rico, and each of the terri- (Pub. L. 99–604, § 1, Nov. 6, 1986, 100 Stat. 3446.) tories and possessions of the United States. § 3902. Powers of corporation (Pub. L. 99–318, § 15, May 23, 1986, 100 Stat. 476.) The Army and Navy Union of the United § 3815. Tax-exempt status States of America (hereinafter referred to as the ‘‘corporation’’) shall have only those powers The corporation shall maintain its status as granted to it through its bylaws and articles of an organization exempt from taxation as pro- incorporation filed in the State or States in vided in title 26. which it is incorporated and subject to the laws (Pub. L. 99–318, § 16, May 23, 1986, 100 Stat. 476; of such State or States. Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095.) (Pub. L. 99–604, § 2, Nov. 6, 1986, 100 Stat. 3446.) AMENDMENTS § 3903. Objects and purposes of corporation 1986—Pub. L. 99–514 substituted ‘‘Internal Revenue Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’, The objects and purposes of the corporation which for purposes of codification was translated as are those provided in its articles of incorpora- ‘‘title 26’’ thus requiring no change in text. tion and shall also be— § 3904 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 214

(a) to hold true allegiance to the Govern- bursement for actual necessary expenses in ment of the United States of America and fi- amounts approved by the board of directors. delity to its Constitution, laws, and institu- (b) Loans tions; (b) to serve our Nation under God in peace as The corporation shall not make any loan to well as in war by fostering the ideals of faith any officer, director, or employee of the corpora- and patriotism, loyalty, justice, and liberty; tion. by inculcating in the hearts of young and old, (c) Political activities through precept and practice, the spirit of true The corporation and any officer and director Americanism; by participating in civic activi- of the corporation, acting as such officer or di- ties for the good of our country and our com- rector, shall not contribute to, support or other- munity; wise participate in any political activity or in (c) to unite in fraternal fellowship those who any manner attempt to influence legislation. have served honorably and those who are now serving honorably in the Armed Forces of the (d) Issuance of stock; dividends United States of America; to protect and ad- The corporation shall have no power to issue vance their civic, social, and economic wel- any shares of stock nor to declare or pay any fare; to aid them in sickness and distress; to dividends. assist in the burial and commemoration of (e) Claim of approval or authorization their dead; and to provide help for their widows and orphans; and The corporation shall not claim congressional (d) to perpetuate the memory of patriotic approval or Federal Government authority for deeds performed by the defenders of our coun- any of its activities. try. (f) Retention of status under State laws (Pub. L. 99–604, § 3, Nov. 6, 1986, 100 Stat. 3446.) The corporation shall retain and maintain its status as a corporation organized and incor- § 3904. Service of process porated under the laws of the State of Ohio. With respect to service of process, the corpora- (Pub. L. 99–604, § 8, Nov. 6, 1986, 100 Stat. 3447.) tion shall comply with the laws of the States in which it is incorporated and those States in § 3909. Liability for acts of officers and agents which it carries on its activities in furtherance The corporation shall be liable for the acts of of its corporate purposes. its officers and agents when acting within the (Pub. L. 99–604, § 4, Nov. 6, 1986, 100 Stat. 3446.) scope of their authority. § 3905. Membership (Pub. L. 99–604, § 9, Nov. 6, 1986, 100 Stat. 3447.) Eligibility for membership in the corporation § 3910. Books and records; inspection and the rights and privileges of members shall The corporation shall keep correct and com- be as provided in the bylaws of the corporation. plete books and records of account and shall (Pub. L. 99–604, § 5, Nov. 6, 1986, 100 Stat. 3447.) keep minutes of any proceeding of the corporation involving any of its members, the board of § 3906. Board of directors directors, or any committee having authority The board of directors of the corporation and under the board of directors. The corporation the responsibilities thereof shall be as provided shall keep at its principal office a record of the in the articles of incorporation of the corpora- names and addresses of all members having the tion and in conformity with the laws of the right to vote. All books and records of such cor- State or States in which it is incorporated. poration may be inspected by any member having the right to vote, or by any agent or attor- (Pub. L. 99–604, § 6, Nov. 6, 1986, 100 Stat. 3447.) ney of such member, for any proper purpose, at § 3907. Officers any reasonable time. Nothing in this section shall be construed to contravene any applicable The officers of the corporation, and the elec- State law. tion of such officers shall be as is provided in the articles of incorporation of the corporation (Pub. L. 99–604, § 10, Nov. 6, 1986, 100 Stat. 3447.) and in conformity with the laws of the State or § 3911. Annual report States wherein it is incorporated. (Pub. L. 99–604, § 7, Nov. 6, 1986, 100 Stat. 3447.) The corporation shall report annually to the Congress concerning the activities of the cor- § 3908. Restrictions poration during the preceding fiscal year. Such annual report shall be submitted at the same (a) Distribution of income or assets to members time as is the report of the audit required by No part of the income or assets of the corpora- section 1101(68) of this title. The report shall not tion shall insure 1 to any member, officer, or di- be printed as a public document. rector of the corporation or be distributed to any such person during the life of this charter. (Pub. L. 99–604, § 12, Nov. 6, 1986, 100 Stat. 3448.) Nothing in this subsection shall be construed to REFERENCES IN TEXT prevent the payment of reasonable compensa- Section 1101(68) of this title, referred to in text, was tion to the officers of the corporation or reim- in the original ‘‘section 11 of this Act’’, meaning section 11 of Pub. L. 99–604, which amended section 1101 of 1 So in original. Probably should be ‘‘inure’’. this title to include Army and Navy Union of the Page 215 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 4007

United States of America within the definition of ‘‘pri- nonprofit corporation organized under the laws vate corporations established under Federal law’’. Sec- of the State of Texas, is recognized as such and tion 1103 of this title requires a report to Congress on is granted a Federal charter. the annual audit of private corporations established under Federal law. (Pub. L. 100–281, § 1, Apr. 6, 1988, 102 Stat. 73.)

§ 3912. Reservation of right to amend or repeal § 4002. Powers of corporation chapter The Non Commissioned Officers Association of The right to alter, amend, or repeal this chap- the United States of America, Incorporated, ter is expressly reserved to the Congress. (hereinafter in this chapter referred to as the (Pub. L. 99–604, § 13, Nov. 6, 1986, 100 Stat. 3448.) ‘‘corporation’’) shall have only those powers granted to it through its bylaws and articles of § 3913. ‘‘State’’ defined incorporation filed in the State in which it is in- For purposes of this chapter, the term ‘‘State’’ corporated and subject to the laws of such State. includes the District of Columbia, the Common- (Pub. L. 100–281, § 2, Apr. 6, 1988, 102 Stat. 73.) wealth of Puerto Rico, and the territories and possessions of the United States. § 4003. Objects and purposes of corporation (Pub. L. 99–604, § 14, Nov. 6, 1986, 100 Stat. 3448.) The objects and purposes of the corporation are those provided in its bylaws and articles of § 3914. Tax-exempt status incorporation and shall include— The corporation shall maintain its status as (1) upholding and defending the Constitution an organization exempt from taxation as proof the United States; vided in title 26. If the corporation fails to main- (2) promoting health, prosperity, and schol- tain such status, the charter granted hereby arship among its members and their depend- shall expire. ents and survivors through benevolent programs; (Pub. L. 99–604, § 15, Nov. 6, 1986, 100 Stat. 3448.) (3) assisting veterans and their dependents § 3915. Failure to comply with restrictions or pro- and survivors through a service program es- visions tablished for that purpose; (4) improving conditions for service mem- If the corporation shall fail to comply with bers, veterans and their dependents and sur- any of the restrictions or provisions of this vivors; and 1 chapter the charter granted hereby shall ex- (5) fostering fraternal and social activities pire. among its members in recognition that coop- (Pub. L. 99–604, § 16, Nov. 6, 1986, 100 Stat. 3448.) erative action is required for the furtherance of their common interests. CHAPTER 72—NON COMMISSIONED OFFI- CERS ASSOCIATION OF THE UNITED (Pub. L. 100–281, § 3, Apr. 6, 1988, 102 Stat. 73.) STATES OF AMERICA, INC. § 4004. Service of process Sec. 4001. Recognition as corporation and grant of Fed- With respect to service of process, the corpora- eral charter. tion shall comply with the laws of the State in 4002. Powers of corporation. which it is incorporated and those States in 4003. Objects and purposes of corporation. which it carries on its activities in furtherance 4004. Service of process. of its corporate purposes. 4005. Membership. 4006. Board of directors. (Pub. L. 100–281, § 4, Apr. 6, 1988, 102 Stat. 73.) 4007. Officers. 4008. Prohibition on discrimination. § 4005. Membership 4009. Restrictions. (a) Distribution of income or assets to Except as provided in section 4008 of this title, members. eligibility for membership in the corporation (b) Loans. and the rights and privileges of members of the (c) Issuance of stock; dividends. corporation shall be as provided in the constitu- (d) Claim of approval or authorization. tion and bylaws of the corporation. 4010. Liability for acts of officers and agents. 4011. Books and records; inspection. (Pub. L. 100–281, § 5, Apr. 6, 1988, 102 Stat. 73.) 4012. Annual report. 4013. Reservation of right to amend or repeal chap- § 4006. Board of directors ter. 4014. ‘‘State’’ defined. Except as provided in section 4008 of this title, 4015. Tax-exempt status. the composition of the board of directors of the 4016. Exclusive right to names, seals, emblems, and corporation and the responsibilities of such badges. board shall be as provided in the articles of in- 4017. Failure to comply with restrictions or provi- corporation of the corporation and in conform- sions. ity with the laws of the State in which it is in- § 4001. Recognition as corporation and grant of corporated. Federal charter (Pub. L. 100–281, § 6, Apr. 6, 1988, 102 Stat. 74.) The Non Commissioned Officers Association of the United States of America, Incorporated, a § 4007. Officers Except as provided in section 4008 of this title, 1 So in original. Probably should be followed by a comma. the positions of officers of the corporation and § 4008 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 216 the election of members to such positions shall agent or attorney of such member, for any prop- be as provided in the articles of incorporation of er purpose at any reasonable time. Nothing in the corporation and in conformity with the laws this section shall be construed to contravene of the State in which it is incorporated. any applicable State law. (Pub. L. 100–281, § 7, Apr. 6, 1988, 102 Stat. 74.) (Pub. L. 100–281, § 11, Apr. 6, 1988, 102 Stat. 74.)

§ 4008. Prohibition on discrimination § 4012. Annual report In establishing the conditions of membership The corporation shall report annually to the in the corporation and in determining the re- Congress concerning the activities of the cor- quirements for serving on the board of directors poration during the preceding fiscal year. Such or as an officer of the corporation, the corpora- annual report shall be submitted at the same tion may not discriminate on the basis of race, time as the report of the audit required by sec- color, religion, sex, handicap, age, or national tion 1102 of this title. The report shall not be origin. printed as a public document. (Pub. L. 100–281, § 8, Apr. 6, 1988, 102 Stat. 74.) (Pub. L. 100–281, § 13, Apr. 6, 1988, 102 Stat. 75.) SECTION REFERRED TO IN OTHER SECTIONS § 4013. Reservation of right to amend or repeal This section is referred to in sections 4005, 4006, 4007 chapter of this title. The right to alter, amend, or repeal this chap- § 4009. Restrictions ter is expressly reserved to the Congress. (a) Distribution of income or assets to members (Pub. L. 100–281, § 14, Apr. 6, 1988, 102 Stat. 75.) No part of the income or assets of the corporation may inure to the benefit of any member, of- § 4014. ‘‘State’’ defined ficer, or director of the corporation or be dis- For purposes of this chapter, the term ‘‘State’’ tributed to any such individual during the life of includes the District of Columbia, the Common- this charter. Nothing in this subsection shall be wealth of Puerto Rico, the Commonwealth of construed to prevent the payment of reasonable the Northern Mariana Islands, and the terri- compensation to the officers of the corporation tories and possessions of the United States. or reimbursement for actual necessary expenses in amounts approved by the board of directors. (Pub. L. 100–281, § 15, Apr. 6, 1988, 102 Stat. 75.) (b) Loans § 4015. Tax-exempt status The corporation may not make any loan to any officer, director, or employee of the corpora- The corporation shall maintain its status as tion. an organization exempt from taxation as provided in title 26. If the corporation fails to main- (c) Issuance of stock; dividends tain such status, the charter granted by this The corporation shall have no power to issue chapter shall expire. any shares of stock nor to declare or pay any (Pub. L. 100–281, § 16, Apr. 6, 1988, 102 Stat. 75.) dividends. (d) Claim of approval or authorization § 4016. Exclusive right to names, seals, emblems, The corporation shall not claim congressional and badges approval or the authorization of the Federal The corporation shall have the sole and exclu- Government for any of its activities by virtue of sive right to use the names ‘‘The Non Commis- this chapter. sioned Officers Association of the United States (Pub. L. 100–281, § 9, Apr. 6, 1988, 102 Stat. 74.) of America’’, ‘‘Non Commissioned Officers Asso- ciation of the United States of America’’, ‘‘Non § 4010. Liability for acts of officers and agents Commissioned Officers Association’’, and The corporation shall be liable for the acts of ‘‘NCOA’’, and such seals, emblems, and badges as its officers and agents whenever such officers the corporation may lawfully adopt. Nothing in and agents have acted within the scope of their this section may be construed to conflict or authority. interfere with established or vested rights. (Pub. L. 100–281, § 10, Apr. 6, 1988, 102 Stat. 74.) (Pub. L. 100–281, § 17, Apr. 6, 1988, 102 Stat. 75.) § 4011. Books and records; inspection CROSS REFERENCES Penalty for unauthorized manufacture, reproduction, The corporation shall keep correct and com- or sale of badges or emblems of veterans’ organizations, plete books and records of account and minutes see section 705 of Title 18, Crimes and Criminal Proce- of any proceeding of the corporation involving dure. any of its members, the board of directors, or any committee having authority under the § 4017. Failure to comply with restrictions or pro- board of directors. The corporation shall keep, visions at its principal office, a record of the names and addresses of all members having the right to If the corporation shall fail to comply with vote in any proceeding of the corporation. All any of the restrictions or provisions of this books and records of such corporation may be chapter, the charter granted by this chapter inspected by any member having the right to shall expire. vote in any corporation proceeding, or by any (Pub. L. 100–281, § 18, Apr. 6, 1988, 102 Stat. 76.) Page 217 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 4107

CHAPTER 73—NATIONAL MINING HALL OF economic, social, and scientific aspects of our FAME AND MUSEUM Nation; (4) to establish and maintain a library and Sec. museum for collecting and preserving for pos- 4101. Recognition as corporation and grant of Fed- eral charter. terity, the history of those honored by the cor- 4102. Powers of corporation. poration, together with a documentation of 4103. Objects and purposes of corporation. their accomplishments and contributions to 4104. Membership. mining, including such items as mining pic- 4105. Board of directors. tures, paintings, books, papers, documents, 4106. Officers. scientific data, relics, mementos, artifacts, 4107. Restrictions. and things relating to such items; (a) Distribution of income or assets to (5) to cooperate with other mining organiza- members. (b) Loans. tions which are actively engaged and inter- (c) Political activities. ested in similar projects; and (d) Issuance of stock; dividends. (6) to engage in any and all activities inci- (e) Claim of approval or authorization. dental thereto or necessary, suitable, or prop- (f) Retention of status under State laws. er for the accomplishment of any of the pur- 4108. Liability for acts of officers and agents. poses set forth in this section. 4109. Service of process. 4110. Books and records; inspection. (Pub. L. 100–655, title I, § 103, Nov. 14, 1988, 102 4111. Annual report. Stat. 3850.) 4112. Reservation of right to amend or repeal chapter. § 4104. Membership 4113. ‘‘State’’ defined. 4114. Tax-exempt status. Eligibility for membership in the corporation 4115. Failure to comply with restrictions or provi- and the rights and privileges of members shall sions. be as provided in the bylaws of the corporation. (Pub. L. 100–655, title I, § 104, Nov. 14, 1988, 102 § 4101. Recognition as corporation and grant of Stat. 3850.) Federal charter The National Mining Hall of Fame and Mu- § 4105. Board of directors seum, organized and incorporated under the The board of directors of the corporation and laws of Colorado, is hereby recognized as such the responsibilities thereof shall be as provided and is granted a charter. in the articles of incorporation of the corpora- (Pub. L. 100–655, title I, § 101, Nov. 14, 1988, 102 tion and in conformity with the laws of the Stat. 3849.) State or States in which it is incorporated. (Pub. L. 100–655, title I, § 105, Nov. 14, 1988, 102 § 4102. Powers of corporation Stat. 3850.) The National Mining Hall of Fame and Mu- § 4106. Officers seum (hereafter in this chapter referred to as the ‘‘corporation’’), shall have only those powers The officers of the corporation, and the elec- granted to it through its bylaws and articles of tion of such officers shall be as is provided in incorporation filed in the State or States in the articles of incorporation of the corporation which it is incorporated and subject to the laws and in conformity with the laws of the State or of such State or States. States wherein it is incorporated. (Pub. L. 100–655, title I, § 102, Nov. 14, 1988, 102 (Pub. L. 100–655, title I, § 106, Nov. 14, 1988, 102 Stat. 3849.) Stat. 3850.) § 4103. Objects and purposes of corporation § 4107. Restrictions The objects and purposes of the corporation (a) Distribution of income or assets to members are those provided in its articles of incorpora- No part of the income or assets of the corporation including— tion shall inure to any member, officer, or direc- (1) to honor citizens, mining leaders, miners, tor of the corporation or be distributed to any prospectors, teachers, scientists, engineers, in- such person during the life of this charter. Noth- ventors, governmental leaders, and other indi- ing in this subsection shall be construed to pre- viduals, who have helped to make this Nation vent the payment of reasonable compensation to great by their outstanding contributions to the officers of the corporation or reimbursement the establishment, development, advance- for actual necessary expenses in amounts ap- ment, or improvement of mining in the United proved by the board of directors. States of America; (b) Loans (2) to perpetuate the memory of such indi- The corporation shall not make any loan to viduals and record their contributions and any officer, director, or employee of the corpora- achievements by the erection and mainte- tion. nance of such buildings, monuments, and edifices as may be deemed appropriate as a last- (c) Political activities ing memorial; The corporation and any officer and director (3) to foster, promote, and encourage a bet- of the corporation, acting as such officer or di- ter understanding of the origins and growth of rector, shall not contribute to, support, or mining, especially in the United States, and otherwise participate in any political activity or the part mining has played in changing the in any manner attempt to influence legislation. § 4108 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 218

(d) Issuance of stock; dividends Fame and Museum within the definition of ‘‘private corporations established under Federal law’’. Section The corporation shall have no power to issue 1103 of this title requires a report to Congress on the any shares of stock nor to declare or pay any annual audit of private corporations established under dividends. Federal law. (e) Claim of approval or authorization § 4112. Reservation of right to amend or repeal The corporation shall not claim congressional chapter approval or Federal Government authority for any of its activities. The right to alter, amend, or repeal this chapter is expressly reserved to the Congress. (f) Retention of status under State laws (Pub. L. 100–655, title I, § 113, Nov. 14, 1988, 102 The corporation shall retain and maintain its Stat. 3852.) status as a corporation organized and incorporated under the laws of the State of Colorado. § 4113. ‘‘State’’ defined (Pub. L. 100–655, title I, § 107, Nov. 14, 1988, 102 For purposes of this chapter, the term ‘‘State’’ Stat. 3850.) includes the District of Columbia, the Common- wealth of Puerto Rico, and the territories and § 4108. Liability for acts of officers and agents possessions of the United States. The corporation shall be liable for the acts of (Pub. L. 100–655, title I, § 114, Nov. 14, 1988, 102 its officers and agents when acting within the Stat. 3852.) scope of their authority. (Pub. L. 100–655, title I, § 108, Nov. 14, 1988, 102 § 4114. Tax-exempt status Stat. 3851.) The corporation shall maintain its status as an organization exempt from taxation as pro- § 4109. Service of process vided in title 26. With respect to service of process, the corpora- (Pub. L. 100–655, title I, § 115, Nov. 14, 1988, 102 tion shall comply with the laws of the States in Stat. 3852.) which it is incorporated and those States in which it carries on its activities in furtherance § 4115. Failure to comply with restrictions or proof its corporate purposes. visions (Pub. L. 100–655, title I, § 109, Nov. 14, 1988, 102 If the corporation fails to comply with any of Stat. 3851.) the restrictions or other provisions of this chapter, the charter granted by this chapter shall ex- § 4110. Books and records; inspection pire. The corporation shall keep correct and com- (Pub. L. 100–655, title I, § 116, Nov. 14, 1988, 102 plete books and records of account and shall Stat. 3852.) keep minutes of any proceeding of the corporation involving any of its members, the board of CHAPTER 74—AMERICAN ACADEMY OF ARTS directors, or any committee having authority AND LETTERS under the board of directors. The corporation Sec. shall keep at its principal office a record of the 4201. Corporation created. names and addresses of all members having the 4202. Purposes of corporation. right of vote. All books and records of such cor- 4203. Membership; powers of corporation. poration may be inspected by any member hav- 4204. Annual meeting; annual report. ing the right to vote, or by any agent or attor- 4205. Acquisition of property by bequest or dona- ney of such member, for any proper purpose, at tion. any reasonable time. Nothing in this section 4206. Reservation of right to amend or repeal chapter. shall be construed to contravene any applicable State law. § 4201. Corporation created (Pub. L. 100–655, title I, § 110, Nov. 14, 1988, 102 William Dean Howells, of Maine; Henry Stat. 3851.) Adams, of the District of Columbia; Theodore Roosevelt, of New York; John Singer Sargent, of § 4111. Annual report Massachusetts; Daniel Chester French, of New The corporation shall report annually to the York; John Burroughs, of New York; James Congress concerning the activities of the cor- Ford Rhodes, of Massachusetts; Horatio William poration during the preceding fiscal year. Such Parker, of Connecticut; William Milligan annual report shall be submitted at the same Sloane, of New Jersey; Robert Underwood John- time as is the report of the audit required by son, of New York; George Washington Cable, of section 1101 of this title. The report shall not be Massachusetts; Andrew Dickson White, of New printed as a public document. York; Henry van Dyke, of New Jersey; William Crary Brownell, of New York; Basil Lanneau (Pub. L. 100–655, title I, § 112, Nov. 14, 1988, 102 Gildersleeve, of Maryland; Woodrow Wilson, of Stat. 3851.) New Jersey; Arthur Twining Hadley, of Con- REFERENCES IN TEXT necticut; Henry Cabot Lodge, of Massachusetts; Section 1101 of this title, referred to in text, was in Edwin Howland Blashfield, of New York; Wil- the original ‘‘section 111 of this title’’, meaning section liam Merritt Chase, of New York; Thomas 111 of title I of Pub. L. 100–655 which amended section Hastings, of New York; Hamilton Wright Mabie, 1101 of this title to include the National Mining Hall of of New Jersey; Brander Matthews, of New York; Page 219 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 4301

Thomas Nelson Page, of the District of Colum- (Apr. 17, 1916, ch. 77, § 6, 39 Stat. 52.) bia; Elihu Vedder, of Massachusetts; George Ed- ward Woodberry, of Massachusetts; Kenyon Cox, CHAPTER 75—AVIATION HALL OF FAME of New York; George Whitefield Chadwick, of Sec. Massachusetts; Abbott Handerson Thayer, of 4301. Corporation created. New Hampshire; Henry Mills Alden, of New Jer- 4302. Completion of organization. sey; George de Forest Brush, of New Hampshire; 4303. Purposes of corporation. William Rutherford Mead, of New York; Bliss 4304. Powers of corporation. Perry, of Massachusetts; Abbott Lawrence Low- 4305. Principal office; territorial scope of activi- ell, of Massachusetts; James Whitcomb Riley, of ties; agent for service of process. Indiana; Nicholas Murray Butler, of New York; 4306. Membership; voting rights. Paul Wayland Bartlett, of New York; Owen Wis- 4307. Board of trustees. (a) Composition of initial board. ter, of Pennsylvania; Herbert Adams, of New (b) Composition of subsequent boards; Hampshire; Augustus Thomas, of New York; tenure. Timothy Cole, of New York; Cass Gilbert, of New (c) Governing period; duties. York; William Roscoe Thayer, of Massachusetts; 4308. Officers. Robert Grant, of Massachusetts; Frederick 4309. Board of nominations; composition; duties. Macmonnies, of New York; Julian Alden Weir, of 4310. Distribution of income or assets to members; Connecticut; William Gillette, of Connecticut; loans. Paul Elmer More, of New Jersey; George 4311. Nonpolitical nature of corporation. Lockhart Rives, of New York, and their succes- 4312. Liability for acts of officers and agents. 4313. Prohibition against issuance of stock or pay- sors, duly chosen, are hereby incorporated, con- ment of dividends. stituted, and declared to be a body corporate of 4314. Books and records; inspection. the District of Columbia, by the name of the 4315. Audit of financial transactions. American Academy of Arts and Letters. 4316. Use of assets on dissolution or liquidation. (Apr. 17, 1916, ch. 77, § 1, 39 Stat. 51.) 4317. Acquisition of assets and liabilities of existing corporation. § 4202. Purposes of corporation 4318. Reservation of right to amend or repeal chapter. The purposes of this corporation are and shall be the furtherance of the interests of literature § 4301. Corporation created and the fine arts. The following persons: Stanley C. Allyn, Oak- (Apr. 17, 1916, ch. 77, § 2, 39 Stat. 51.) wood, Ohio; J. L. Atwood, El Segundo, Califor- nia; C. M. Pat Barnes, Oakwood, Ohio; Robert J. § 4203. Membership; powers of corporation Barth, Oakwood, Ohio; Donald H. Battin, Day- The American Academy of Arts and Letters ton, Ohio; Milton A. Caniff, New City, New shall consist of not more than fifty regular York; Robert S. Chubb, Oakwood, Ohio; Albert members, and the said corporation hereby con- N. Clarkson, Dayton, Ohio; Frederick C. stituted shall have power to make by-laws and Crawford, Cleveland, Ohio; Don L. Crawford, rules and regulations; to fill all vacancies cre- Dayton, Ohio; Donald W. Douglas, Senior, Santa ated by death, resignation, or otherwise; to pro- Monica, California; Charles S. Draper, Cam- vide for the election of foreign, domestic, or bridge, Massachusetts; John G. Fitzpatrick, honorary associate members, and the division of Oakwood, Ohio; John P. Fraim, Junior, Oak- such members into classes, and to do all other wood, Ohio; Courtlandt S. Gross, Burbank, Cali- matters needful or usual in such institutions. fornia; James W. Jacobs, Dayton, Ohio; Thomas (Apr. 17, 1916, ch. 77, § 3, 39 Stat. 51.) D. Johnson, Xenia, Ohio; Gregory C. Karas, Oak- wood, Ohio; John W. Kercher, Oakwood, Ohio; § 4204. Annual meeting; annual report Eugene W. Kettering, Kettering, Ohio; William The American Academy of Arts and Letters G. Kiefaber, Dayton, Ohio; Gerald H. Leland, shall hold an annual meeting at such place in Centerville, Ohio; John A. Lombard, Dayton, the United States as may be designated and Ohio; G. I. MacIntyre, Kettering, Ohio; Fred F. shall make an annual report to the Congress, to Marshall, Cedarville, Ohio; Robert W. Martin, be filed with the Librarian of Congress. New York, New York; James S. McDonnell, Jun- ior, Saint Louis, Missouri; Karl B. Mills, Day- (Apr. 17, 1916, ch. 77, § 4, 39 Stat. 51.) ton, Ohio; John B. Montgomery, Murray Hill, § 4205. Acquisition of property by bequest or do- New Jersey; John H. Murphy, Kettering, Ohio; nation Larry E. O’Neil, Kettering, Ohio; Mundy I. Peale, Farmingdale, Long Island, New York; The American Academy of Arts and Letters Louis F. Polk, Oakwood, Ohio; Edwin W. be, and the same is hereby, authorized and em- Rawlings, Minneapolis, Minnesota; Robert G. powered to receive bequests and donations of Ruegg, Wright-Patterson Air Force Base, Ohio; real or personal property and to hold the same Alden K. Sibley, Grosse Pointe Shores, Michi- in trust, and to invest and reinvest the same for gan; Igor I. Sikorsky, Stratford, Connecticut; the purpose of furthering the interests of lit- Robert J. Simons, Dayton, Ohio; James H. erature and the fine arts. Straubel, Washington, District of Columbia; (Apr. 17, 1916, ch. 77, § 5, 39 Stat. 52.) Charles V. Truax, Kettering, Ohio; John P. Turner, Junior, Oakwood, Ohio; Gerald E. § 4206. Reservation of right to amend or repeal Weller, Kettering, Ohio; Charles W. Whalen, chapter Junior, Oakwood, Ohio; Bernard L. Whelan, The right to alter, amend, or repeal this chap- Fairfield, Connecticut; Thomas D. White, Wash- ter is hereby expressly reserved. ington, District of Columbia; Gill Rob Wilson, § 4302 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 220

Claremont, California; Louis Wozar, Oakwood, uments, scientific data, relics, mementos, arti- Ohio; and their successors, are hereby created facts, and things relating thereto. and declared to be a body corporate by the name (6) To cooperate with other recognized avia- of the Aviation Hall of Fame (hereinafter re- tion organizations which are actively engaged ferred to as the ‘‘corporation’’) and by such and interested in similar projects. name shall be known and have perpetual succes- (7) To engage in any and all activities inciden- sion and the powers, limitations, and restric- tal thereto or necessary, suitable, or proper for tions herein contained. the accomplishment of any of the aforemen- tioned purposes. (Pub. L. 88–372, § 1, July 14, 1964, 78 Stat. 314.) (Pub. L. 88–372, § 3, July 14, 1964, 78 Stat. 314.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 4302, 4307, 4309 § 4304. Powers of corporation of this title. The corporation shall have the power— § 4302. Completion of organization (1) to have succession by its corporate name; (2) to sue and be sued, complain and defend A majority of the persons named in section in any court of competent jurisdiction; 4301 of this title are authorized to complete the (3) to adopt, use, and alter a corporate seal; organization of the corporation by the selection (4) to choose such officers, trustees, man- of officers and employees, the adoption of by- agers, agents, and employees as the business of laws, not inconsistent with the chapter, and the the corporation may require; doing of such other acts as may be necessary for (5) to adopt, amend, and alter bylaws, not in- such purpose. consistent with the laws of the United States or any State in which the corporation is to op- (Pub. L. 88–372, § 2, July 14, 1964, 78 Stat. 314.) erate, for the management of its property and § 4303. Purposes of corporation the regulation of its affairs; (6) to contract and be contracted with; The purposes of the corporation shall be— (7) to take by lease, gift, purchase, grant, de- (1) To receive and maintain a fund or funds, vise, or bequest from any private corporation, and to use and apply the whole or any part of association, partnership, firm, or individual the income therefrom, and the principal thereof, and to hold any property, real, personal, or exclusively for charitable, scientific, literary, or mixed, necessary or convenient for attaining educational purposes, either directly or by con- the objects and carrying into effect the pur- tributions to organizations duly authorized to poses of the corporation, subject, however, to carry on similar activities, but no part of such applicable provisions of law of any State (A) income or principal shall be contributed to any governing the amount or kind of property organization whose net earnings or any part which may be held by, or (B) otherwise limit- thereof inure to the benefit of any private share- ing or controlling the ownership of property holder or individual, or any substantial part of by, a corporation operating in such State; the activities of which is carrying on propa- (8) to transfer, convey, lease, sublease, en- ganda, or otherwise attempting to influence leg- cumber, and otherwise alienate real, personal, islation. The detailed purposes hereinafter set or mixed property; and forth shall at all times be subject to and in fur- (9) to borrow money for the purposes of the therance of the provisions contained in this corporation, issue bonds therefor, and secure paragraph. the same by mortgage, deed of trust, pledge, (2) To honor citizens, aviation leaders, pilots, or otherwise, subject in every case to all appli- teachers, scientists, engineers, inventors, gov- cable provisions of Federal and State laws. ernmental leaders, and other individual 1 who have helped to make this Nation great by their (Pub. L. 88–372, § 4, July 14, 1964, 78 Stat. 315.) outstanding contributions to the establishment, § 4305. Principal office; territorial scope of activi- development, advancement, or improvement of ties; agent for service of process aviation in the United States of America. (3) To perpetuate the memory of such persons (a) The principal office of the corporation and record their contributions and achievements shall be located in Dayton, Ohio, or in such by the erection and maintenance of such build- other place as may be later determined by the ings, monuments, and edifices as may be deemed board of trustees, but the activities of the cor- appropriate as a lasting memorial. poration shall not be confined to that place, but (4) To foster, promote, and encourage a better may be conducted throughout the various sense of appreciation of the origins and growth States, the Commonwealth of Puerto Rico, and of aviation, especially in the United States of the territories and possessions of the United America, and the part aviation has played in States. changing the economic, social, and scientific as- (b) The corporation shall have in the District pects of our Nation. of Columbia at all times a designated agent au- (5) To establish and maintain a library and thorized to accept service of process for the cor- museum for collecting and preserving for poster- poration; and notice to or service upon such ity, the history of those honored by the organi- agent shall be deemed notice to or service upon zation, together with a documentation of their the corporation. accomplishments and contributions to aviation, (Pub. L. 88–372, § 5, July 14, 1964, 78 Stat. 316.) including, but not limited to, such items as aviation pictures, paintings, books, papers, doc- § 4306. Membership; voting rights (a) Eligibility for membership in the corpora- 1 So in original. Probably should be ‘‘individuals’’. tion and the rights, privileges, and designation Page 221 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 4315 of classes of members shall, except as provided to the board of trustees for consideration as pre- in this chapter, be determined as the bylaws of scribed in the bylaws of the corporation. the corporation may provide. (Pub. L. 88–372, § 9, July 14, 1964, 78 Stat. 316.) (b) Each member of the corporation given voting rights by the bylaws shall have the right to § 4310. Distribution of income or assets to mem- one vote on each matter submitted to a vote at bers; loans all meetings of the voting members of the cor- (a) No part of the income or assets of the corporation, which vote may be cast in such man- poration shall inure to any of its members, ner as the bylaws may prescribe. trustees, members of the board of nominations, (Pub. L. 88–372, § 6, July 14, 1964, 78 Stat. 316.) or officers as such, or be distributable to any of them during the life of the corporation or upon § 4307. Board of trustees its dissolution or final liquidation. Nothing in (a) Composition of initial board this subsection, however, shall be construed to prevent the payment of reasonable compensa- Upon enactment of this chapter the member- tion to officers and employees of the corporation ship of the initial board of trustees of the cor- in amounts approved by the board of trustees of poration shall be elected from those persons the corporation. named in section 4301 of this title, their sur- (b) The corporation shall not make loans to its vivors and such additional persons, if any, as members, trustees, members of the board of shall be named by them. nominations, officers, or employees. Any trustee (b) Composition of subsequent boards; tenure who votes for or assents to making of a loan or advance to a member, member of the board of Thereafter, the board of trustees of the cor- nominations, officer, trustee, or employee of the poration shall consist of such number (not less corporation, and any officer who participates in than eighteen), shall be selected in such manner the making of such a loan or advance, shall be (including the filling of vacancies), and shall jointly and severally liable to the corporation serve for such term as may be provided in the for the amount of such loan until the repayment bylaws of the corporation. thereof. (c) Governing period; duties (Pub. L. 88–372, § 10, July 14, 1964, 78 Stat. 317.) The board of trustees shall be the governing body of the corporation, and, during intervals § 4311. Nonpolitical nature of corporation between the meetings of members, shall be re- The corporation and its members, members of sponsible for the general policies and program of the board of nominations, trustees, officers, and the corporation and for the control of all funds employees as such shall not contribute to or of the corporation. The board of trustees shall otherwise support or assist any political party appoint a board of nominations from the mem- or candidate for public office. bership of the corporation; may appoint com- (Pub. L. 88–372, § 11, July 14, 1964, 78 Stat. 317.) mittees which shall have and exercise such powers as may be prescribed in the bylaws or by res- § 4312. Liability for acts of officers and agents olution of the board of trustees, and which may The corporation shall be liable for the acts of be all of the powers of the board of trustees. its officers and agents when acting within the (Pub. L. 88–372, § 7, July 14, 1964, 78 Stat. 316.) scope of their authority. § 4308. Officers (Pub. L. 88–372, § 12, July 14, 1964, 78 Stat. 317.) (a) The officers of the corporation shall be a § 4313. Prohibition against issuance of stock or president, one or more vice presidents (as may payment of dividends be prescribed in the bylaws of the corporation), The corporation shall have no power to issue a secretary, a treasurer, and such other officers any shares of stock or to declare or pay any as may be provided in the bylaws. dividends. (b) The officers of the corporation shall be (Pub. L. 88–372, § 13, July 14, 1964, 78 Stat. 317.) elected in such manner and for such terms and with such duties as may be prescribed in the by- § 4314. Books and records; inspection laws of the corporation. The corporation shall keep correct and com- (Pub. L. 88–372, § 8, July 14, 1964, 78 Stat. 316.) plete books and records of account and shall keep minutes of the proceedings of its members, § 4309. Board of nominations; composition; duties board of trustees, board of nominations, and (a) The board of trustees shall appoint a board committees having any of the authority of the of nominations from those persons named in sec- board of trustees; and shall also keep at its prin- tion 4301 of this title, their survivors and such cipal office a record of the names and addresses additional persons, if any, as shall be named by of its members entitled to vote. All books and them, not concurrently serving as a member of records of the corporation may be inspected by the board of trustees, and consisting of such any member entitled to vote, or his agent or at- number (not less than twenty-four); and shall torney, for any proper purpose, at any reason- serve for such term as provided in the bylaws of able time. the corporation. (Pub. L. 88–372, § 14, July 14, 1964, 78 Stat. 317.) (b) The board of nominations shall be the designated body of the corporation to nominate § 4315. Audit of financial transactions United States citizens or residents to be honored (a) The accounts of the corporation shall be by the corporation and recommend such persons audited annually in accordance with generally § 4316 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 222 accepted auditing standards by independent cer- CHAPTER 76—FREDERICK DOUGLASS tified public accountants or independent li- MEMORIAL AND HISTORICAL ASSOCIATION censed public accountants, certified or licensed by a regulatory authority of a State or other po- Sec. 4401. Corporation created; objects and purposes. litical subdivision of the United States. The 4402. Powers of corporation. audit shall be conducted at the place where the 4403. Completion of organization. accounts of the corporation are normally kept. 4404. Board of trustees. All books, accounts, financial records, reports, 4405. Misnomer not to affect grant, donation, gift, files, and all other papers, things, or property devise, or bequest. belonging to or in use by the corporation and 4406. Monument. necessary to facilitate the audit shall be made 4407. Exemption from certain taxes. available to the person or persons conducting 4408. Reservation of right to amend or repeal chapter. the audit; and full facilities for verifying transactions with the balances or securities held by § 4401. Corporation created; objects and purposes depositories, fiscal agents, and custodians, shall be afforded to such person or persons. Helen Douglass, William H. H. Hart, Francis J. (b) A report of such audit shall be made by the Grimke, May Wright Sewall, Edward A. Clarke, corporation to the Congress not later than six their associates and successors, be, and they are months following the close of the fiscal year for hereby declared to be, a body politic and cor- which the audit is made. The report shall set porate, in the District of Columbia, with perpet- forth the scope of the audit and include such ual succession, by and under the name, style, statements, together with the independent audi- and title of the Frederick Douglass Memorial tor’s opinion of those statements, as are nec- and Historical Association, for the following ob- essary to present fairly the corporation’s assets jects and purposes, to wit: and liabilities, surplus or deficit with an analy- First. To preserve to posterity the memory of sis of the changes therein during the year, sup- the life and character of the late Frederick plemented in reasonable detail by a statement Douglass. of the corporation’s income and expenses during Second. To collect, collate, and preserve a his- the year including (1) the results of any trading, torical record of the inception, progress, and manufacturing, publishing, or other commer- culmination of the antislavery movement in the cial-type endeavor carried on by the corpora- United States, and to assemble in the homestead tion, and (2) a schedule of all contracts requiring of the late Frederick Douglass, commonly called payments in excess of $10,000 and any payments Cedar Hill, in the village of Anacostia, in the of compensation, salaries, or fees at a rate in ex- District of Columbia, all such suitable exhibits cess of $10,000 per annum. The report shall not of records or things illustrative or commemora- be printed as a public document. tive of the antislavery movement and history as may be donated to said association or acquired (Pub. L. 88–372, § 15, July 14, 1964, 78 Stat. 317.) by purchase 1 bequest, or other lawful means. § 4316. Use of assets on dissolution or liquidation (June 6, 1900, ch. 806, § 1, 31 Stat. 662.) Upon dissolution or final liquidation of the § 4402. Powers of corporation corporation, after discharge or satisfaction of all outstanding obligations and liabilities, the The said association, by and under the name remaining assets, if any, of the corporation shall and title aforesaid, and their successors, shall be be distributed in accordance with the deter- competent at law and in equity to take to them- mination of the board of trustees of the corpora- selves and their successors, for the use and be- tion and in compliance with the charter and by- hoof of said association, any estate whatsoever, laws of the corporation and all Federal and in any messuage, lands, tenements, here- State laws applicable thereto. Such distribution ditaments, goods, chattels, moneys, and other shall be consistent with the purposes of the cor- effects, by gift, devise, grant, donation, bargain poration. sale, conveyance, assurance, or will; and the same to grant, bargain, sell, transfer, assign, (Pub. L. 88–372, § 16, July 14, 1964, 78 Stat. 318.) convey, assure, demise, declare to use, and farm let, and to place out on interest, for the use of § 4317. Acquisition of assets and liabilities of ex- said association, in such manner as to them, or isting corporation a majority of them, shall be deemed most bene- The corporation may acquire the assets of the ficial to said association; and to receive the National Aviation Hall of Fame, a general, not- same, their rents, issues, and profits, income, for-profit corporation organized under the laws and interest, and to apply the same for the prop- of the State of Ohio, upon discharging or satis- er use and benefit of said association for the ob- factorily providing for the payment and dis- jects and purposes hereinbefore mentioned; and charge of all of the liabilities of such corpora- by the same name to sue and be sued, to implead tion. and be impleaded in any court of law or equity in all manner of suits, actions, and proceedings (Pub. L. 88–372, § 17, July 14, 1964, 78 Stat. 318.) whatsoever, and generally by and in the same § 4318. Reservation of right to amend or repeal name to do and transact all and every the busi- chapter ness touching or concerning the premises; and that after the said association shall have ac- The right to alter, amend, or repeal this chap- quired title in fee simple to a whole or a part of ter is expressly reserved.

(Pub. L. 88–372, § 18, July 14, 1964, 78 Stat. 318.) 1 So in original. Probably should be followed by a comma. Page 223 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 4408 certain property situate and being in the village Douglass Memorial and Historical Association (pursu- of Anacostia, District of Columbia, commonly ant to the amendment made by subsection (a)) at a reg- called Cedar Hill, and occupied by the late Fred- ular or special meeting of the board called for the pur- erick Douglass as his homestead, the said asso- pose of such an election.’’ ciation may manage, repair, improve, and adorn § 4405. Misnomer not to affect grant, donation, the same in such manner as the said incorpora- gift, devise, or bequest tors or their successors, or a majority of them, may deem meet and proper, in pursuance of and No misnomer of the said corporation shall de- in accordance with the objects and purposes for feat or annul any grant, donation, gift, devise, which this said association is incorporated. or bequest to or from said corporation. (June 6, 1900, ch. 806, § 2, 31 Stat. 662.) (June 6, 1900, ch. 806, § 5, 31 Stat. 663.) § 4403. Completion of organization § 4406. Monument The first meeting of said incorporators shall The said corporation may cause to be erected be held at said Cedar Hill, Anacostia, District of at such suitable site upon the homestead afore- Columbia, at such time as a majority of the per- said, after acquisition of title to same as afore- sons herein above named shall determine upon, said, as may be selected by the board of trust- after ten days’ notice thereof shall be given to ees, a monument to the memory of the late each of said incorporators, at which said first Frederick Douglass, of such character and at meeting, or at such other time thereafter as the such cost as in their judgment may seem fit, in said incorporators may fix for that purpose, accordance with the means of said association they may enact such by-laws as they may see and compatible with the objects and purposes fit, not inconsistent with the laws of the United thereof. States, regulating the government of the said (June 6, 1900, ch. 806, § 6, 31 Stat. 663.) association. § 4407. Exemption from certain taxes (June 6, 1900, ch. 806, § 3, 31 Stat. 663.) When the said corporation shall have acquired § 4404. Board of trustees title in fee simple to the whole or a part, as the case may be, of the said property known as The government of said association shall be Cedar Hill, in the village of Anacostia, in the vested in a board of trustees of not less than 9 District of Columbia, and formerly occupied as members nor more than 19 members, who shall the homestead of the late Frederick Douglass, be elected by the corporators at their first meet- said land and premises shall be, and hereby are, ing or at such time thereafter as the said cor- declared to be exempt from all taxes and assess- porators may at the said first meeting appoint ments for taxation so long as the same shall be for that purpose. In case of a vacancy or vacan- used for the purposes of this incorporation. cies occurring in said board of trustees by death, resignation, or otherwise, the same shall be (June 6, 1900, ch. 806, § 7, 31 Stat. 663.) filled by the remaining members thereof. Said board of trustees shall have perpetual succes- § 4408. Reservation of right to amend or repeal sion, and in them and their successors shall be chapter vested the power hereinbefore granted to this Congress reserves the right to amend or repeal association. They shall adopt a common seal, this chapter. which they may alter at pleasure, under and by (June 6, 1900, ch. 806, § 8, 31 Stat. 663.) which all deeds and acts of the association shall be passed and authenticated. They shall elect CHAPTER 77—NATIONAL COUNCIL ON RADI- such officers as they may deem necessary, in- ATION PROTECTION AND MEASUREMENTS cluding a treasurer, for such terms and at such compensation as they may prescribe, in accord- Sec. 4501. Corporation created. ance with the by-laws which may be established 4502. Completion of organization. for the government of said association. The said 4503. Objects and purposes of corporation. treasurer shall give such bond as may be fixed 4504. Powers of corporation. by the by-laws, and all of the officers of the as- 4505. Principal office; territorial scope of activi- sociation, together with such agents and em- ties; service of process; authorized agent in ployees as it may be deemed necessary to em- District of Columbia. 4506. Membership; voting rights. ploy, shall be subject to removal for such causes 4507. Board of directors. and under such conditions and regulations as (a) Composition of initial board. may be prescribed by the by-laws. (b) Composition of subsequent boards; (June 6, 1900, ch. 806, § 4, 31 Stat. 663; Nov. 9, 1988, tenure. (c) Governing period; duties. Pub. L. 100–642, § 1(a), 102 Stat. 3337.) 4508. Officers. AMENDMENTS 4509. Distribution of income or assets to members; loans. 1988—Pub. L. 100–642 substituted ‘‘9 members nor 4510. Nonpolitical nature of corporation. more than 19 members’’ for ‘‘five members nor more 4511. Liability for acts of officers and agents. than nine’’. 4512. Prohibition against issuance of stock or payment of dividends. EFFECTIVE DATE OF 1988 AMENDMENT 4513. Books and records; inspection. Section 1(b) of Pub. L. 100–642 provided that: ‘‘The 4514. Audit of financial transactions. amendment made by subsection (a) [amending this sec- 4515. Use of assets on dissolution or liquidation. tion] shall take effect upon the election of additional 4516. Acquisition of assets and liabilities of exist- members of the board of trustees of the Frederick ing association. § 4501 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 224

Sec. § 4502. Completion of organization 4517. Reservation of right to amend or repeal chapter. The persons named in section 4501 of this title are authorized to complete the organization of § 4501. Corporation created the corporation by the selection of officers and C. M. Barnes, Rockville, Maryland; employees, the adoption of bylaws, not incon- E. C. Barnes, Edgewood, Pennsylvania; sistent with this chapter, and the doing of such V. P. Bond, Setauket, Long Island, New other acts as may be necessary for such purpose. York; (Pub. L. 88–376, § 2, July 14, 1964, 78 Stat. 321.) C. B. Braestrup, New York, New York; J. T. Brennan, Bethesda, Maryland; § 4503. Objects and purposes of corporation L. T. Brown, Bethesda, Maryland; The objects and purposes of the corporation R. F. Brown, San Francisco, California; shall be— F. R. Bruce, Oak Ridge, Tennessee; (1) to collect, analyze, develop, and dissemi- J. C. Bugher, Rio Piedras, Puerto Rico; nate in the public interest information and D. R. Chadwick, Upper Marlboro, Maryland; recommendations about (a) protection against R. H. Chamberlain, Philadelphia, Pennsyl- radiation (referred to herein as ‘‘radiation pro- vania; tection’’), and (b) radiation measurements, J. F. Crow, Madison, Wisconsin; quantities, and units, particularly those con- R. L. Doan, Idaho Falls, Idaho; cerned with radiation protection; C. L. Dunham, Washington, District of Co- (2) to provide a means by which organiza- lumbia; tions concerned with the scientific and related T. C. Evans, Iowa City, Iowa; aspects of radiation protection and of radi- E. G. Fuller, Bethesda, Maryland; ation quantities, units, and measurements R. O. Gorson, Philadelphia, Pennsylvania; may cooperate for effective utilization of their J. W. Healy, Chappaqua, New York; combined resources, and to stimulate the P. C. Hodges, Chicago, Illinois; work of such organizations; A. R. Keene, Richland, Washington; (3) to develop basic concepts about radiation M. Kleinfeld, Brooklyn, New York; quantities, units, and measurements, about H. W. Koch, Silver Spring, Maryland; the application of these concepts, and about D. I. Livermore, Washington, District of Co- radiation protection; lumbia; (4) to cooperate with the International Com- G. V. LeRoy, Chicago, Illinois; mission on Radiological Protection, the Fed- W. B. Mann, Chevy Chase, Maryland; eral Radiation Council, the International W. A. McAdams, Schenectady, New York; Commission on Radiological Units and Meas- G. W. Morgan, Kensington, Maryland; urements, and other national and inter- K. Z. Morgan, Oak Ridge, Tennessee; national organizations, governmental and pri- H. J. Muller, Bloomington, Indiana; vate, concerned with radiation quantities, R. J. Nelsen, Rockville, Maryland; units, and measurements and with radiation R. R. Newell, San Francisco, California; protection. W. D. Norwood, Richland, Washington; H. M. Parker, Richland, Washington; (Pub. L. 88–376, § 3, July 14, 1964, 78 Stat. 321.) C. Powell, Bethesda, Maryland; § 4504. Powers of corporation E. H. Quimby, New York, New York; J. C. Reeves, Gainesville, Florida; The corporation shall have power— R. Robbins, Philadelphia, Pennsylvania; (1) To sue and be sued, complain and defend in H. H. Rossi, Nyack, New York; any court of competent jurisdiction. E. L. Saenger, Cincinnati, Ohio; (2) To adopt, alter, and use a corporate seal. T. L. Shipman, Los Alamos, New Mexico; (3) To choose such officers, directors, trustees, P. J. Shore, Patchogue, New York; managers, agents, and employees as the business J. H. Sterner, Rochester, New York; of the corporation may require. R. S. Stone, San Francisco, California; (4) To adopt, amend, and alter bylaws not in- L. S. Taylor, Bethesda, Maryland; consistent with the laws of the United States of E. D. Trout, Corvallis, Oregon; America or of any State in which the corpora- B. F. Trum, Boston, Massachusetts; tion is to operate, for the management of its Shields Warren, Boston, Massachusetts; property and the regulation of its affairs. E. G. Williams, Jacksonville, Florida; (5) To make contracts. (6) To take and hold by lease, gift, purchase, H. O. Wyckoff, Silver Spring, Maryland; grant, devise, or bequest, or by any other meth- and their successors, are hereby created and de- od, any property, real or personal, necessary or clared to be a body corporate, by name of the proper for attaining the objects and carrying National Council on Radiation Protection and into effect the purposes of the corporation, sub- Measurements (hereinafter called the corpora- ject, however, to applicable provisions of law of tion), and by such name shall be known, and any State or the District of Columbia (a) gov- have perpetual succession and the powers, limi- erning the amount or kind of such property tations, and restrictions contained in this chap- which may be held by, or (b) otherwise limiting ter. or controlling the ownership of any such prop- (Pub. L. 88–376, § 1, July 14, 1964, 78 Stat. 320.) erty by a corporation operating in such State or the District of Columbia. SECTION REFERRED TO IN OTHER SECTIONS (7) To transfer and convey real or personal This section is referred to in sections 4502, 4507 of this property, and to mortgage, pledge, encumber, title. lease, and sublease the same. Page 225 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 4514

(8) To borrow money for its corporate purposes retary, a treasurer, and such other officers as and issue bonds or other evidences of indebted- may be prescribed in the bylaws. The duties of ness therefor, and to secure the same by mort- the officers shall be as prescribed in the bylaws gage, pledge, or lien, subject in every case to all of the corporation. applicable provisions of Federal or State law, or (b) Officers shall be elected annually at the an- of the laws of the District of Columbia. nual meeting of the corporation. (9) To do any and all such acts and things nec- (Pub. L. 88–376, § 8, July 14, 1964, 78 Stat. 322.) essary and proper to carry out the purposes of the corporation. § 4509. Distribution of income or assets to mem- (Pub. L. 88–376, § 4, July 14, 1964, 78 Stat. 321.) bers; loans § 4505. Principal office; territorial scope of activi- (a) No part of the income or assets of the cor- ties; service of process; authorized agent in poration shall inure to any member, officer, or District of Columbia director, or be distributable to any such person during the life of the corporation or upon dis- (a) The principal office of the corporation solution or final liquidation. Nothing in this shall be located in the District of Columbia, or subsection, however, shall be construed to pre- in such other place as may later be determined vent the payment of reasonable compensation to by the board of directors, but the activities of officers of the corporation in amounts approved the corporation shall not be confined to that by the board of directors of the corporation. place and may be conducted throughout the var- (b) The corporation shall not make loans to its ious States, the Commonwealth of Puerto Rico, officers, directors, or employees. Any director and the possessions of the United States, and in who votes for or assents to the making of a loan other areas throughout the world. to an officer, director, or employee of the cor- (b) The corporation shall maintain at all times poration, and any officer who participates in the in the District of Columbia a designated agent making of such loan, shall be jointly and sever- authorized to accept service of process for the ally liable to the corporation for the amount of corporation, and notice to or service upon such such loan until the repayment thereof. agent, or mailed to the business address of such agent, shall be deemed notice to or service upon (Pub. L. 88–376, § 9, July 14, 1964, 78 Stat. 322.) the corporation. § 4510. Nonpolitical nature of corporation (Pub. L. 88–376, § 5, July 14, 1964, 78 Stat. 322.) The corporation, and its officers, directors, § 4506. Membership; voting rights and duly appointed agents as such, shall not (a) Eligibility for membership in the corpora- contribute to or otherwise support or assist any tion and the rights and privileges of members political party or candidate for office. shall, except as provided in this chapter, be de- (Pub. L. 88–376, § 10, July 14, 1964, 78 Stat. 323.) termined as the bylaws of the corporation may provide. § 4511. Liability for acts of officers and agents (b) Each member of the corporation, other than honorary and associate members, shall The corporation shall be liable for the acts of have the right to one vote on each matter sub- its officers and agents when acting within the mitted to a vote at all meetings of the members scope of their authority. of the corporation. (Pub. L. 88–376, § 11, July 14, 1964, 78 Stat. 323.) (Pub. L. 88–376, § 6, July 14, 1964, 78 Stat. 322.) § 4512. Prohibition against issuance of stock or § 4507. Board of directors payment of dividends (a) Composition of initial board The corporation shall have no power to issue Upon enactment of this chapter the member- any shares of stock nor to declare nor pay any ship of the initial board of directors of the cor- dividends. poration shall be those persons whose names are (Pub. L. 88–376, § 12, July 14, 1964, 78 Stat. 323.) listed in section 4501 of this title. (b) Composition of subsequent boards; tenure § 4513. Books and records; inspection Thereafter, the board of directors of the cor- The corporation shall keep correct and com- poration shall be selected in such manner and plete books and records of account and shall shall serve for such term as may be prescribed in keep minutes of the proceedings of its members, the bylaws of the corporation. board of directors, and committees having au- (c) Governing period; duties thority under the board of directors, and it shall The board of directors shall be the governing also keep at its principal office a record of the board of the corporation and shall, during the names and addresses of its members entitled to intervals between corporation meetings, be re- vote. All books and records of the corporation sponsible for the general policies and program of may be inspected by any member entitled to the corporation. The board shall be responsible vote, or his agent or attorney, for any proper for the control of all funds of the corporation. purpose, at any reasonable time. (Pub. L. 88–376, § 7, July 14, 1964, 78 Stat. 322.) (Pub. L. 88–376, § 13, July 14, 1964, 78 Stat. 323.) § 4508. Officers § 4514. Audit of financial transactions (a) The officers of the corporation shall be a (a) The accounts of the corporation shall be president, one or more vice presidents, a sec- audited annually in accordance with generally § 4515 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 226 accepted auditing standards by independent cer- CHAPTER 78—NATIONAL TROPICAL tified public accountants or independent li- BOTANICAL GARDEN censed public accountants, certified or licensed by a regulatory authority of a State or other po- Sec. 4601. Corporation created. litical subdivision of the United States. The 4602. Completion of organization. audit shall be conducted at the place or places 4603. Objects and purposes of corporation. where the accounts of the corporation are nor- 4604. Powers of corporation. mally kept. All books, accounts, financial 4605. Board of trustees. records, reports, files, and all other papers, (a) Initial board. things, or property belonging to or in use by the (b) Selection; tenure. corporation and necessary to facilitate the audit (c) Duties. shall be made available to the person or persons 4606. Officers. 4607. Principal office; territorial scope of activi- conducting the audit; and full facilities for veri- ties; agent for service of process. fying transactions with the balances or securi- 4608. Membership; voting rights. ties held by depositories, fiscal agents, and cus- 4609. Liability for acts of officers and agents. todians shall be afforded to such person or per- 4610. Audit of financial transactions. sons. 4611. Books and records; inspection. (b) A report of such audit shall be made by the 4612. Prohibition against issuance of stock or pay- corporation to the Congress not later than six ment of dividends. months following the close of the fiscal year for 4613. Distribution of income or assets to members; loans. which the audit is made. The report shall set 4614. Use of assets on dissolution or liquidation. forth the scope of the audit and include such 4615. Nonpolitical nature of corporation. statements, together with the independent audi- 4616. Exclusive right to name. tor’s opinion of those statements, as are nec- 4617. Reservation of right to amend or repeal chap- essary to present fairly the corporation’s assets ter. and liabilities, surplus, or deficit, with an analy- § 4601. Corporation created sis of the changes therein during the year, supplemented in reasonable detail by a statement The following persons: Henry Francis duPont, of the corporation’s income and expenses during Winterthur, Delaware; Deane Waldo Malott, the year including (1) the results of any trading, Ithaca, New York; Horace Marden Albright, Los manufacturing, publishing, or other commer- Angeles, California; Robert Allerton, Kauai, Ha- cial-type endeavor carried on by the corpora- waii; and Paul Bigelow Sears, New Haven, Con- tion, and (2) a schedule of all contracts requiring necticut; and their successors, are hereby cre- payments in excess of $10,000 and any payments ated and declared to be a body corporate by the of compensation, salaries, or fees at a rate in ex- name of National Tropical Botanical Garden cess of $10,000 per annum. The report shall not (hereinafter referred to as the ‘‘corporation’’) be printed as a public document. and by such name shall be known and have per- (Pub. L. 88–376, § 14, July 14, 1964, 78 Stat. 323.) petual succession and the powers, limitations, and restriction herein contained. § 4515. Use of assets on dissolution or liquidation (Pub. L. 88–449, § 1, Aug. 19, 1964, 78 Stat. 496; Pub. L. 100–539, § 1, Oct. 28, 1988, 102 Stat. 2718.) Upon final dissolution or liquidation of the corporation, and after discharge or satisfaction AMENDMENTS of all outstanding obligations and liabilities, the 1988—Pub. L. 100–539 substituted ‘‘National Tropical remaining assets of the corporation may be dis- Botanical Garden’’ for ‘‘Pacific Tropical Botanical Gar- tributed in accordance with the determination den’’. of the board of directors of the corporation and CHANGE OF NAME in compliance with the bylaws of the corporation and all Federal and State laws applicable Section 1 of Pub. L. 100–539 provided that: ‘‘Upon the thereto. Such distribution shall be consistent enactment of this Act, the Pacific Tropical Botanical Garden, created by the Act entitled ‘An Act to charter with the purposes of the corporation. by Act of Congress the Pacific Tropical Botanical Gar- (Pub. L. 88–376, § 15, July 14, 1964, 78 Stat. 324.) den’, approved August 19, 1964 (Public Law 88–449; 78 Stat. 496) [36 U.S.C. 4601 et seq.], shall be known as the ‘National Tropical Botanical Garden’, and any ref- § 4516. Acquisition of assets and liabilities of ex- erence in that Act to the Pacific Tropical Botanical isting association Garden shall be deemed to be a reference to the Na- The corporation may and shall acquire all of tional Tropical Botanical Garden.’’ the assets of the existing unincorporated organi- SECTION REFERRED TO IN OTHER SECTIONS zation known as the National Committee on Ra- This section is referred to in section 4602 of this title. diation Protection and Measurements, subject to any liabilities and obligations of the said or- § 4602. Completion of organization ganization. The persons named in section 4601 of this title (Pub. L. 88–376, § 16, July 14, 1964, 78 Stat. 324.) shall be the incorporators of the corporation and members of the initial board of trustees and are § 4517. Reservation of right to amend or repeal authorized to complete the organization of the chapter corporation by the selection of other trustees and officers, the adoption of bylaws, not incon- The right to alter, amend, or repeal this chap- sistent with this chapter, and the doing of such ter is hereby expressly reserved. other acts necessary to carry into effect the pro- (Pub. L. 88–376, § 17, July 14, 1964, 78 Stat. 324.) visions of this chapter. Page 227 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 4607

(Pub. L. 88–449, § 2, Aug. 19, 1964, 78 Stat. 496.) mortgage, deed of trust, pledge, or otherwise, subject in every case to all applicable provi- § 4603. Objects and purposes of corporation sions of the Federal and State laws or to the The objects and purposes of the corporation laws of the District of Columbia; and shall be— (i) to do any and all acts and things nec- (a) to establish, develop, operate, and main- essary and proper to carry out the objects and tain for the benefit of the people of the United purposes of the corporation. States an educational and scientific center in (Pub. L. 88–449, § 4, Aug. 19, 1964, 78 Stat. 497.) the form of a tropical botanical garden or gardens, together with such facilities as libraries, § 4605. Board of trustees herbaria, laboratories, and museums which are (a) Initial board appropriate and necessary for encouraging and conducting research in basic and applied tropi- Upon enactment of this chapter, the trustees cal botany; of the corporation may select additional persons (b) to foster and encourage fundamental re- to serve as members of the board of trustees. search with respect to tropical plant life and The incorporators of the corporation shall each to encourage research and study of the uses of serve on the board of trustees for a term of at tropical flora in agriculture, forestry, horti- least three years. culture, medicine, and other sciences; (b) Selection; tenure (c) to disseminate through publications and Except for the foregoing provision, the board other media the knowledge acquired at the of trustees of the corporation shall be selected gardens relative to basic and applied tropical in such manner and shall serve for such time as botany; may be prescribed in the bylaws of the corpora- (d) to collect and cultivate tropical flora of tion. every nature and origin and to preserve for the (c) Duties people of the United States species of tropical plant life threatened with extinction; 1 The board of trustees shall be the managing (e) to provide a beneficial facility which will body of the corporation and shall have such pow- contribute to the education, instruction, and ers, duties, and responsibilities as may be pre- recreation of the people of the United States. scribed in the bylaws of the corporation. (Pub. L. 88–449, § 3, Aug. 19, 1964, 78 Stat. 496.) (Pub. L. 88–449, § 5, Aug. 19, 1964, 78 Stat. 497; Pub. L. 92–447, Sept. 29, 1972, 86 Stat. 746.) § 4604. Powers of corporation AMENDMENTS The corporation shall have the following pow- 1972—Subsec. (a). Pub. L. 92–447 struck out after first ers: sentence ‘‘The total number of trustees shall not ex- (a) to sue and be sued, and to complain and ceed fifteen.’’ defend in any court of competent jurisdiction; (b) to adopt, use, and alter a corporate seal; § 4606. Officers (c) to choose such trustees, officers, man- (a) The officers of the corporation shall be a agers, agents, and employees as the activities president, one or more vice presidents, a sec- of the corporation may require; retary, a treasurer, and such other officers as (d) to adopt, amend, and alter bylaws, not may be authorized by the bylaws of the corpora- inconsistent with the laws of the United tion. States of America or of any State in which the (b) The officers of the corporation shall be corporation is to operate, or of the District of elected in such manner and for such terms and Columbia, for the management of its property with such duties as may be prescribed in the by- and the regulation of its affairs; laws of the corporation. (e) to make contracts; (f) to take and hold by lease, gift, purchase, (Pub. L. 88–449, § 6, Aug. 19, 1964, 78 Stat. 497.) grant, devise, or bequest, or by any other § 4607. Principal office; territorial scope of activi- method, any property, real, personal, or ties; agent for service of process mixed, necessary or proper for attaining the objects and carrying into effect the purposes (a) The corporation initially shall have its of the corporation, subject, however, to appli- principal office in the District of Columbia and cable provisions of law of any State or the Dis- later at such place as may be determined by the trict of Columbia (1) governing the amount or board of trustees. The corporation shall have kind of such property which may be held by, the right to conduct its activities in the United or (2) otherwise limiting or controlling the States and elsewhere but shall establish a tropi- ownership or any such property by a corpora- cal botanical garden or gardens only in the tion operating in such State or the District of United States. For purposes of this subsection, Columbia; the term ‘‘United States’’ includes any common- (g) to transfer, convey, lease, sublease, mort- wealth, territory, or possession of the United gage, encumber, and otherwise alienate real, States. personal, or mixed property; and 1 (b) The corporation shall maintain in the Dis- (h) to borrow money for the purposes of the trict of Columbia at all times a designated agent corporation, issue bonds or other evidences of authorized to accept service of process for the indebtedness therefor, and secure the same by corporation and notice to or service upon such agent, or mailed to the business address of such 1 So in original. Probably should be followed by ‘‘and’’. agent, shall be deemed notice to or service upon 1 So in original. The word ‘‘and’’ probably should not appear. the corporation. § 4608 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 228

(Pub. L. 88–449, § 7, Aug. 19, 1964, 78 Stat. 498; keep minutes of the proceedings of its board of Pub. L. 100–539, § 2, Oct. 28, 1988, 102 Stat. 2718.) trustees, and committees having any of the authority of the board of trustees. The corporation AMENDMENTS shall also keep at its principal office a record of 1988—Subsec. (a). Pub. L. 100–539 inserted sentence at the names and addresses of its members entitled end defining ‘‘United States’’. to vote. § 4608. Membership; voting rights All books and records of the corporation shall be open for inspection by any member of the (a) Eligibility for membership in the corpora- corporation or his agent or attorney for any tion and the rights and privileges of members proper purpose at any reasonable time. shall, except as provided in this chapter, be determined as the constitution and bylaws of the (Pub. L. 88–449, § 11, Aug. 19, 1964, 78 Stat. 499.) corporation may provide. (b) Each member of the corporation, other § 4612. Prohibition against issuance of stock or than honorary and associate members, shall payment of dividends have the right to one vote on each matter sub- The corporation shall have no power to issue mitted to a vote at all meetings of the members shares of stock or to declare or pay dividends. of the corporation. (Pub. L. 88–449, § 12, Aug. 19, 1964, 78 Stat. 499.) (Pub. L. 88–449, § 8, Aug. 19, 1964, 78 Stat. 498.) § 4613. Distribution of income or assets to mem- § 4609. Liability for acts of officers and agents bers; loans The corporation shall be liable for the acts of its officers and agents when acting within the (a) No part of the income or assets of the cor- scope of their authority. poration shall inure to any member, officer, or trustee, or be distributable to any such person (Pub. L. 88–449, § 9, Aug. 19, 1964, 78 Stat. 498.) during the life of the corporation or upon dis- § 4610. Audit of financial transactions solution or final liquidation. Nothing in this subsection, however, shall be construed to pre- (a) The accounts of the corporation shall be vent the payment of reasonable compensation to audited annually in accordance with generally officers of the corporation in amounts approved accepted auditing standards by independent cer- by the board of trustees of the corporation. tified public accountants or independent li- (b) The corporation shall not make loans to its censed public accountants, certified or licensed officers, trustees, or employees. Any trustee by a regulatory authority of a State or other po- who votes for or assents to the making of a loan litical subdivision of the United States. The to an officer, trustee, or employee of the cor- audit shall be conducted at the place or places poration, and any officer who participates in the where the accounts of the corporation are nor- making of such loan, shall be jointly and sever- mally kept. All books, accounts, financial ally liable to the corporation for the amount of records, reports, files, and all other papers, such loan until the repayment thereof. things, or property belonging to or in use by the corporation and necessary to facilitate the audit (Pub. L. 88–449, § 13, Aug. 19, 1964, 78 Stat. 499.) shall be made available to the person or persons conducting the audit; and full facilities for veri- § 4614. Use of assets on dissolution or liquidation fying transactions with the balances or securi- Upon dissolution or final liquidation of the ties held by depositories, fiscal agents, and cus- corporation, all assets remaining after the cor- todians shall be afforded to such person or per- poration’s liabilities have been satisfied, shall sons. be distributed to the United States Government, (b) A report of such audit shall be made by the to be administered by the Secretary of the Inte- corporation to the Congress not later than six rior, under the Act of August 25, 1916 (39 Stat. months following the close of the fiscal year for 535; 16 U.S.C. 1 et seq.), as amended and supple- which the audit is made. The report shall set mented, or to a State or local government to be forth the scope of the audit and include such used for a public purpose, in accordance with the statements, together with the independent audi- determination of the board of trustees, consist- tor’s opinion of those statements, as are nec- ent with the purposes of the corporation, and in essary to present fairly the corporation’s assets compliance with the charter and bylaws of the and liabilities, surplus or deficit with an analy- corporation and Federal and State laws. sis of the changes therein during the year, supplemented in reasonable detail by a statement (Pub. L. 88–449, § 14, Aug. 19, 1964, 78 Stat. 499.) of the corporation’s income and expenses during REFERENCES IN TEXT the year including (1) the results of any trading, manufacturing, publishing, or other commer- Act of August 25, 1916, referred to in text, is act Aug. cial-type endeavor carried on by the corpora- 25, 1916, ch. 408, 39 Stat. 535, as amended, popularly tion, and (2) a schedule of all contracts requiring known as the National Park Service Organic Act, which is classified generally to sections 1, 2, 3, and 4 of payments in excess of $10,000 and any payments Title 16, Conservation. For complete classification of of compensation, salaries, or fees at a rate in ex- this Act to the Code, see Short Title note set out under cess of $10,000 per annum. The report shall not section 1 of Title 16 and Tables. be printed as a public document. § 4615. Nonpolitical nature of corporation (Pub. L. 88–449, § 10, Aug. 19, 1964, 78 Stat. 498.) The corporation, and its officers and trustees § 4611. Books and records; inspection as such, shall not contribute to or otherwise The corporation shall keep correct and com- support or assist any political party or can- plete books and records of account. It shall also didate for elective public office. Page 229 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 4702

(Pub. L. 88–449, § 15, Aug. 19, 1964, 78 Stat. 499.) H. Hooker, O. K. Houck, Clark Howell, R. B. Howell, William Dean Howells, Charles E. § 4616. Exclusive right to name Hughes, Arthur M. Hyde, Harold L. Ickes, Wil- The corporation shall have the sole and exclu- liam P. Jackson, Alfred J. Johnson, Hiram W. sive right to use and to authorize the use of the Johnson, Lewis Y. Johnson, Otto H. Kahn, name ‘‘National Tropical Botanical Garden.’’ Frank B. Kellogg, George N. Keniston, William S. Kenyon, Henry W. Kiel, John T. King, Paul H. (Pub. L. 88–449, § 16, Aug. 19, 1964, 78 Stat. 499; King, Earle S. Kinsley, Irwin R. Kirkwood, Pub. L. 100–539, § 1, Oct. 28, 1988, 102 Stat. 2718.) Frank Knox, Philander C. Knox, Florence Bay- AMENDMENTS ard La Farge, Alexander Lambert, Franklin K. Lane, Albert D. Lasker, John N. Lightbourn, 1988—Pub. L. 100–539 substituted ‘‘National Tropical Curtis H. Lindley, Henry D. Lindsley, Colin H. Botanical Garden’’ for ‘‘Pacific Tropical Botanical Gar- den’’. Livingstone, Henry Cabot Lodge, William Loeb, junior, Pierre Lorillard, junior, S. H. Love, § 4617. Reservation of right to amend or repeal Frank O. Lowden, A. Lawrence Lowell, Anna chapter Maud Lyon, William McAdoo, C. N. McArthur, Charles Wylie McClure, J. M. McCormick, Ruth The right to alter, amend, or repeal this chap- Hanna McCormick, Henry B. McCoy, W. N. ter is expressly reserved to the Congress. McGill, James J. McGraw, Gavin McNab, C. H. (Pub. L. 88–449, § 17, Aug. 19, 1964, 78 Stat. 499.) McNider, Henry F. MacGregor, Norman E. Mack, Clarence H. Mackay, William T. Manning, CHAPTER 79—THEODORE ROOSEVELT T. Frank Manville, Thomas A. Marlow, Victor ASSOCIATION H. Metcalf, Herman A. Metz, Charles R. Miller, Sec. C.P.J. Mooney, J. H. Morron, Dwight W. Mor- 4701. Corporation created. row, Robert R. Moton, Guy Murchie, Michael J. 4702. Name and powers of corporation. Murray, Truman H. Newberry, Samuel D. Nich- 4703. Purpose of corporation. olson, Lewis Nixon, John I. Nolan, Peter 4704. Board of trustees; powers. Norbeck, Alton B. Parker, John M. Parker, 4705. Prohibition against issuance of stock or pay- Thomas Patterson, F. S. Peabody, George Whar- ment of dividends. ton Pepper, Leroy Percy, George W. Perkins, 4706. Reservation of right to amend or repeal chapter. Gifford Pinchot, Samuel Platt, Miles 4707. Consolidation. Poindexter, Jeter C. Pritchard, Mason F. Prosser, William H. Putnam, R. Lansing Ray, C. § 4701. Corporation created F. Reavis, Elisabeth Mills Reid, H. L. Remmel, Rush Rhees, Raymond Robins, Prescott W. Rob- Lawrence F. Abbott, Lyman Abbott, Carl E. inson, Elihu Root, John C. Rose, Julius Rosen- Akeley, Earl Akers, Henry J. Allen, Joseph W. wald, Erskine M. Ross, John A. Sargent, Charles Alsop, Charles W. Anderson, Jacob L. Babler, Scribner, Mary Frances Severance, William W. Charles S. Barrett, John Barrett, E. C. Bartlett, Sewall, John C. Shaffer, Leslie M. Shaw, Louis R. Livingston Beeckman, Albert J. Beveridge, P. Sheldon, Harry F. Sinclair, Thomas F. Smith, William C. Bobbs, Charles J. Bonaparte, Evan- M. P. Snyder, William C. Sproul, William Spry, geline Booth, Desha Breckenridge, Henri Brown, Frank C. Steinhart, William D. Stephens, Percy J. A. A. Burnquist, John Burroughs, Marion S. Stephenson, Philip B. Stewart, Henry L. LeRoy Burton, Kenyon L. Butterfield, William Stimson, Marshall Stimson, Warren S. Stone, P. Bynum, Thomas E. Campbell, Robert D. Oscar S. Strauss, Mark Sullivan, Patrick Sulli- Carey, Irving A. Caswell, Thomas L. van, J. T. Swift, William Howard Taft, Joseph O. Chadbourne, Robert R. Church, junior, Ernest F. Thompson, William Boyce Thompson, John W. Cochran, William W. Cocks, Henry Waldo Coe, Towle, Wallace Townsend, William J. Tully, Russell J. Coles, Austen Colgate, Frederick L. George Turner, R. E. Twitchell, Grace Vander- Collins, E. C. Converse, Willis C. Cook, George bilt, George H. Vincent, Harriet E. Vittum, Aug. B. Cortelyou, O. W. Coursey, William H. Cowles, H. Vogel, Henry C. Wallace, Zeb V. Walser, T. H. John S. Cravens, Thomas J. Crittenden, H. P. Wannamaker, David Warfield, Charles B. War- Cross, Walter Damrosch, S. C. Dell, Cleveland H. ren, Henry Watterson, Benjamin Ide Wheeler, Dodge, T. Coleman du Pont, Milton H. Esberg, Henry J. Whigham, Wallace H. White, junior, Al- Albert B. Fall, Sylvanus M. Ferris, Simeon D. bert H. Wiggin, James Wilson, Leonard Wood, Fess, John H. Finley, William S. Fleming, Luke E. Wright, William Wrigley, junior, and Charles W. Folds, Rufus E. Foster, Lyman J. Robert J. Wynne, their associates and succes- Gage, Thomas Frank Gailor, James A. Gallivan, sors, are hereby created a body corporate and Halbert P. Gardner, James R. Garfield, Arthur politic in the District of Columbia. L. Garford, Nelson H. Gay, James W. Gerard, James Gibbons, Mary A. Gibson, Will H. Gibson, (May 31, 1920, ch. 216, § 1, 41 Stat. 691.) William Ball Gilbert, William A. Glasgow, jun- § 4702. Name and powers of corporation ior, Martin H. Glynn, George W. Goethals, Frank R. Gooding, James P. Goodrich, Theodore The name of this corporation shall be Theo- F. Green, John C. Greenway, Lloyd C. Griscom, dore Roosevelt Association, and by that name it Frank W. Gunsaulus, Hermann Hagedorn, Grant shall have perpetual succession, with power to P. Hall, Edward J. Hanna, Ole Hanson, Chester sue and be sued in courts of law and equity with- Harding, Judson Harmon, B. F. Harris, Albert in the jurisdiction of the United States; to hold Bushnell Hart, George Harvey, James H. such real and personal estate as shall be nec- Hawley, Will H. Hays, George C. Hazelett, A. T. essary for its corporate purposes, and to receive Hert, Frederick C. Hicks, Frank J. Hogan, Elon real and personal property by gift, devise, or be- § 4703 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 230 quest; to give and dedicate such property to pub- uating board of trustees. The following-named lic agencies and purposes; to adopt a seal and persons shall constitute the first board of trust- the same to alter at pleasure; to hold its cor- ees: Lawrence Abbott, Henry J. Allen, Joseph W. porate meetings within or without the District Alsop, Charles W. Anderson, R. Livingston of Columbia, as the board of trustees of the cor- Beeckman, Austen Colgate, E. C. Converse, John poration shall determine; to have offices and S. Cravens, T. Coleman du Pont, John H. Finley, conduct its business affairs within or without James R. Garfield, Mrs. Frank A. Gibson, James the District of Columbia, and in the several P. Goodrich, Lloyd C. Griscom, Hermann States, Territories, and possessions of the Hagedorn, Judson Harmon, George Harvey, Will United States; to make and adopt a constitu- H. Hays, A. T. Hert, Frederick C. Hicks, Elon H. tion, by-laws, rules, and regulations not incon- Hooker, Charles E. Hughes, Hiram W. Johnson, sistent with the laws of the United States of Otto H. Kahn, Frank B. Kellogg, Irwin R. Kirk- America, or any State thereof, and generally to wood, Mrs. C. Grant La Farge, Franklin K. Lane, do all such acts and things as may be necessary Henry D. Lindsley, Henry Cabot Lodge, William to carry into effect the provisions of this chap- Loeb, junior, Mrs. Medill McCormick, James J. ter and promote the purposes of said corpora- McGraw, Clarence H. Mackay, Dwight W. Mor- tion. row, George W. Perkins, Gifford Pinchot, Mrs. (May 31, 1920, ch. 216, § 2, 41 Stat. 692; May 21, Whitelaw Reid, Raymond Robins, Elihu Root, 1953, ch. 63, § 1, 67 Stat. 27.) Julius Rosenwald, Mrs. C. A. Severance, Harry F. Sinclair, Philip B. Stewart, Henry L. AMENDMENTS Stimson, Warren S. Stone, Oscar S. Straus, 1953—Act May 21, 1953, substituted ‘‘Theodore Roo- Mark Sullivan, William Boyce Thompson, Henry sevelt Association’’ for ‘‘Roosevelt Memorial Associa- C. Wallace, Albert H. Wiggin, Luke E. Wright, tion’’. William Wrigley, junior, and Leonard Wood. CHANGE OF NAME The board of trustees shall have the power to adopt from time to time a constitution, by-laws, Section 2 of act May 21, 1953, provided that: ‘‘Any law rules, and regulations for the selection of their heretofore enacted by the Congress and now in effect which refers to said Roosevelt Memorial Association successors, for the admission to membership in shall hereafter be deemed to refer to such Association the corporation, for the election of officers of by its new name, Theodore Roosevelt Association.’’ the corporation, and in general for the conduct of the affairs of the corporation, and may alter, § 4703. Purpose of corporation amend, or repeal the same. The purpose of this corporation shall be to (May 31, 1920, ch. 216, § 4, 41 Stat. 693.) perpetuate the memory of Theodore Roosevelt for the benefit of the people of the United States § 4705. Prohibition against issuance of stock or of America and of the world, and to that end, payment of dividends but without restriction to the objects enumer- Said corporation will have no power to issue ated below, to solicit, receive, hold, and main- certificates of stock or to declare or pay divi- tain a fund or funds, and to apply the principal dends, but it is organized and shall be operated thereof and income therefrom to any one or exclusively for educational purposes, and no more of the following objects: part of its earnings, income, or funds will inure (1) The erection and maintenance of a suitable to the benefit of any member or individual. and adequate monumental memorial in the city of Washington, District of Columbia, to the (May 31, 1920, ch. 216, § 5, 41 Stat. 693.) memory of Theodore Roosevelt; § 4706. Reservation of right to amend or repeal (2) The acquisition, development, and mainte- chapter nance of a public park in memory of Theodore Roosevelt in the town of Oyster Bay, New York; Congress shall have the right to repeal, alter, (3) The establishment and maintenance of an or amend this chapter at any time. endowment fund to promote the development (May 31, 1920, ch. 216, § 6, 41 Stat. 694.) and application of the policies and ideals of Theodore Roosevelt for the benefit of the Amer- § 4707. Consolidation 1 ican people. This corporation shall have the power at any (4) The donation of real and personal property, time to consolidate with Women’s Theodore including part or all of its endowment fund, to Roosevelt Memorial Association, Incorporated, a public agency or public agencies for the pur- a nonstock and nonprofit corporation organized pose of preserving in public ownership histori- and existing under the New York membership cally significant properties associated with the corporations law, so as to form a single surviv- life of Theodore Roosevelt. ing corporation which shall be this corporation. (May 31, 1920, ch. 216, § 3, 41 Stat. 693; July 25, The corporate entity, existence and name of this 1962, Pub. L. 87–547, § 6, 76 Stat. 217.) corporation shall continue unchanged after the

AMENDMENTS consolidation. The consolidation shall not be effected unless 1962—Par. (4). Pub. L. 87–547 added par. (4). the agreement for consolidation is approved by § 4704. Board of trustees; powers act of the trustees of this corporation, who shall be the members of the corporation entitled to The property and affairs of the corporation vote with respect to consolidation. shall be managed and directed by a self-perpet- Such trustees may act on any question respecting the consolidation by a resolution 1 So in original. The period probably should be ‘‘; and’’. adopted by two-thirds of those present at any Page 231 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 4808 meeting of the board of trustees at which a (3) providing educational assistance in the quorum of ten is present. Written notice of the form of college scholarships and grants to the time, place, and purposes of such meeting shall qualified children of current and former mem- be sent to each trustee at his last known address bers of the 82nd Airborne Division; appearing on the books of the corporation by (4) promoting civic and patriotic activities; first-class mail, postage prepaid, at least ten and days prior to the meeting. (5) promoting the indispensable role of air- The consolidation shall be effected in the man- borne defense to the national security of the ner prescribed in this section and in the New United States. York membership corporations law and shall be- (Pub. L. 101–510, div. A, title XVI, § 1603, Nov. 5, come effective when a certificate of consolida- 1990, 104 Stat. 1736.) tion is filed pursuant to said law. (May 31, 1920, ch. 216, § 7, as added Mar. 29, 1956, § 4804. Service of process ch. 102, 70 Stat. 60.) With respect to service of process, the corpora- CHAPTER 80—82ND AIRBORNE DIVISION tion shall comply with the laws of the State or ASSOCIATION, INC. States in which it is incorporated and the State or States in which it carries on its activities in Sec. 4801. Recognition as corporation and grant of Fed- furtherance of its corporate purposes. eral charter. (Pub. L. 101–510, div. A, title XVI, § 1604, Nov. 5, 4802. Powers of corporation. 1990, 104 Stat. 1737.) 4803. Objects and purposes of corporation. 4804. Service of process. 4805. Membership. § 4805. Membership 4806. Board of directors. (a) Subject to subsection (b) of this section, 4807. Officers. 4808. Restrictions. eligibility for membership in the corporation (a) Distribution of income or assets to and the rights and privileges of members of the members. corporation shall be as provided in the constitu- (b) Loans. tion and bylaws of the corporation. (c) Political activities. (b) Terms of membership and requirements for (d) Issuance of stock; dividends. (e) Claim of approval or authorization. holding office within the corporation shall not 4809. Liability for acts of officers and agents. discriminate on the basis of race, color, national 4810. Books and records; inspection. origin, sex, religion, or handicapped status. 4811. Annual report. 4812. Reservation of right to amend or repeal chap- (Pub. L. 101–510, div. A, title XVI, § 1605, Nov. 5, ter. 1990, 104 Stat. 1737.) 4813. ‘‘State’’ defined. 4814. Tax-exempt status. § 4806. Board of directors 4815. Failure to comply with restrictions or provisions. The composition of the board of directors of the corporation and the responsibilities of such § 4801. Recognition as corporation and grant of board shall be as provided in the articles of in- Federal charter corporation of the corporation and shall be in The 82nd Airborne Division Association, Incor- conformity with the laws of the State or States porated, a nonprofit corporation organized in which it is incorporated. under the laws of the State of Illinois, is recog- (Pub. L. 101–510, div. A, title XVI, § 1606, Nov. 5, nized as such and is granted a Federal charter. 1990, 104 Stat. 1737.) (Pub. L. 101–510, div. A, title XVI, § 1601, Nov. 5, 1990, 104 Stat. 1736.) § 4807. Officers § 4802. Powers of corporation The positions of officers of the corporation and the election of members to such positions The 82nd Airborne Division Association, Incor- shall be as provided in the articles of incorpora- porated (hereinafter in this chapter referred to tion of the corporation and shall be in conform- as the ‘‘corporation’’), shall have only those ity with the laws of the State or States in which powers granted to it through its bylaws and ar- it is incorporated. ticles of incorporation filed in the State or States in which it is incorporated and subject to (Pub. L. 101–510, div. A, title XVI, § 1607, Nov. 5, the laws of such State or States. 1990, 104 Stat. 1737.) (Pub. L. 101–510, div. A, title XVI, § 1602, Nov. 5, § 4808. Restrictions 1990, 104 Stat. 1736.) (a) Distribution of income or assets to members § 4803. Objects and purposes of corporation No part of the income or assets of the corpora- The objects and purposes of the corporation tion may inure to the benefit of any member, of- are those provided in its articles of incorpora- ficer, or director of the corporation or be dis- tion and shall include— tributed to any such individual during the life of (1) perpetuating the memory of members of this charter. Nothing in this subsection shall be the 82nd Airborne Division who fought and construed to prevent the payment of reasonable died for this Nation; compensation to the officers of the corporation (2) furthering the common bond between re- or reimbursement for actual and necessary ex- tired and active members of the 82nd Airborne penses in amounts approved by the board of di- Division; rectors. § 4809 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 232

(b) Loans § 4813. ‘‘State’’ defined The corporation may not make any loan to For purposes of this chapter, the term ‘‘State’’ any officer, director, or employee of the corpora- includes the District of Columbia, the Common- tion. wealth of Puerto Rico, the Commonwealth of (c) Political activities the Northern Mariana Islands, and the terri- The corporation and any officer and director tories and possessions of the United States. of the corporation, acting as such officer or di- (Pub. L. 101–510, div. A, title XVI, § 1614, Nov. 5, rector, shall not contribute to, support or other- 1990, 104 Stat. 1738.) wise participate in any political activity or in any manner attempt to influence legislation. § 4814. Tax-exempt status (d) Issuance of stock; dividends The corporation shall maintain its status as The corporation shall have no power to issue an organization exempt from taxation as pro- any shares of stock nor to declare or pay any vided in title 26. dividends. (Pub. L. 101–510, div. A, title XVI, § 1615, Nov. 5, (e) Claim of approval or authorization 1990, 104 Stat. 1738.) The corporation shall not claim congressional § 4815. Failure to comply with restrictions or pro- approval or Federal Government authority for visions any of its activities. (Pub. L. 101–510, div. A, title XVI, § 1608, Nov. 5, If the corporation fails to comply with any of 1990, 104 Stat. 1737.) the restrictions or provisions of this chapter, the charter granted by this chapter shall expire. § 4809. Liability for acts of officers and agents (Pub. L. 101–510, div. A, title XVI, § 1616, Nov. 5, The corporation shall be liable for the acts of 1990, 104 Stat. 1738.) its officers and agents whenever such officer and agents have acted within the scope of their au- CHAPTER 81—AMERICAN HOSPITAL OF thority. PARIS (Pub. L. 101–510, div. A, title XVI, § 1609, Nov. 5, Sec. 1990, 104 Stat. 1737.) 4901. Corporation created. 4902. Powers of corporation. § 4810. Books and records; inspection 4903. Design and purpose of corporation. 4904. Board of governors; principal office. The corporation shall keep correct and com- 4905. Composition of initial board. plete books and records of account and minutes 4906. Completion of organization; officers; tenure. of any proceeding of the corporation involving 4907. Duties of board. any of its members, the board of directors, or 4908. Quorum requirement. any committee having authority under the 4909. Duration of corporation. 4910. Reservation of right to amend or repeal chap- board of directors. The corporation shall keep, ter. at its principal office, a record of the names and addresses of all members having the right to § 4901. Corporation created vote in any proceeding of the corporation. All John H. Harjes, John J. Hoff, H. H. Harjes, books and records of such corporation may be Henry Cachard, S. F. B. Biddle, W. S. Dalliba, inspected by any member having the right to Doctor Edmund L. Gros, Leopold Huffer, Doctor vote in any corporation proceeding, or by any A. J. Magnin, Frank H. Mason, J. Pierpont Mor- agent or attorney of such member, for any prop- gan, F. W. Sharon, H. A. van Bergen, Doctor er purpose at any reasonable time. Nothing in Crosby Whitman, and such persons as shall or this section shall be construed to contravene may hereafter associate with them and in such any applicable State law. manner and upon such terms as shall be speci- (Pub. L. 101–510, div. A, title XVI, § 1610, Nov. 5, fied in the by-laws of this corporation, are here- 1990, 104 Stat. 1737.) by ordained, constituted, and declared a body corporate in fact and in name in the District of § 4811. Annual report Columbia, by the name and style of the Amer- The corporation shall report annually to the ican Hospital of Paris. Congress concerning the activities of the cor- (Jan. 30, 1913, ch. 21, § 1, 37 Stat. 654.) poration during the preceding fiscal year. Such annual report shall be submitted at the time as EFFECTIVE DATE the report of the audit of the corporation re- Section 11 of act Jan. 30, 1913 provided: ‘‘That this quired by section 1102 of this title. The report Act [enacting this chapter] shall take effect imme- shall not be printed as a public document. diately.’’ (Pub. L. 101–510, div. A, title XVI, § 1612, Nov. 5, § 4902. Powers of corporation 1990, 104 Stat. 1738.) The said corporation is authorized to take by § 4812. Reservation of right to amend or repeal purchase, gift, grant, devise, and bequest, and to chapter hold, mortgage, lease, transfer, and convey, for the purposes of the said corporation, any real The right to amend, alter, or repeal this chap- and personal property in the United States of ter is expressly reserved to the Congress. America and in France as may be deemed nec- (Pub. L. 101–510, div. A, title XVI, § 1613, Nov. 5, essary for the wants or development of the cor- 1990, 104 Stat. 1738.) poration or any of them. Page 233 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 4909

(Jan. 30, 1913, ch. 21, § 2, 37 Stat. 654; June 14, fice of the first class shall continue until the an- 1929, ch. 23, 46 Stat. 11; Oct. 1, 1965, Pub. L. nual meeting in the year nineteen hundred and 89–231, § 1, 79 Stat. 901.) fourteen; that of the second class until the annual meeting in the year nineteen hundred and AMENDMENTS fifteen; and that of the third class until the an- 1965—Pub. L. 89–231 struck out before period at end nual meeting in the year nineteen hundred and ‘‘: Provided, That the total value of the property owned sixteen. At the expiration of the term of each at any one time by the said corporation shall not ex- class as aforesaid, governors shall be elected by ceed $8,000,000’’. 1929—Act June 14, 1929 increased property limitation said corporation, at its annual meeting, to fill in proviso from two million to eight million dollars. the same, who shall hold office for the term of three years then next ensuing or until their suc- § 4903. Design and purpose of corporation cessors shall be chosen. And at each succeeding annual election thereafter members of said It shall be the design and purpose of said cor- board of governors shall be so elected for said poration to establish, maintain, and conduct in term to fill the class then becoming vacant as the city of Paris, Republic of France, or in its aforesaid. vicinity, a hospital to furnish, gratuitously or otherwise, medical and surgical aid and care to (Jan. 30, 1913, ch. 21, § 6, 37 Stat. 655; Apr. 12, 1974, the citizens of the United States of America, Pub. L. 93–266, § 1(b), 88 Stat. 85.) and it shall be lawful for the said corporation to AMENDMENTS demand and receive a reasonable compensation for such care, sustenance, professional treat- 1974—Pub. L. 93–266 struck out ‘‘an equal number of’’ before ‘‘governors’’ in penultimate sentence and ‘‘mem- ment, and other services; and all moneys so re- bers’’ in last sentence. ceived shall be applied to the uses and benefits of the said corporation. § 4907. Duties of board (Jan. 30, 1913, ch. 21, § 3, 37 Stat. 654.) The said board of governors shall have power to conduct and manage all the business and con- § 4904. Board of governors; principal office cerns of the said corporation; to fill, until the The direction and management of the affairs next annual election thereafter, any vacancy in of the said corporation shall be vested in a board the board occasioned by death, resignation, or of governors composed of not less than twelve otherwise; and to appoint such attending and members. The principal office of the corporation resident physicians and surgeons, agents, assist- shall be located in the District of Columbia, but ants, and attendants as may be necessary, to fix offices may be maintained and the meetings of their compensation, and to discharge them; to the board of governors and committees held make such by-laws as may be necessary and elsewhere. proper and not contrary to law, relative to elections and meetings, the qualifications and du- (Jan. 30, 1913, ch. 21, § 4, 37 Stat. 655; Apr. 12, 1974, ties of governors and officers, the admission and Pub. L. 93–266, § 1(a), 88 Stat. 85.) qualifications of members, the management and AMENDMENTS disposition of the estate, business, and concerns of the said corporation, and to alter or to amend 1974—Pub. L. 93–266 struck out ‘‘nor more than twen- the same. ty’’ after ‘‘twelve’’. (Jan. 30, 1913, ch. 21, § 7, 37 Stat. 655.) § 4905. Composition of initial board § 4908. Quorum requirement The following persons shall, until the first annual election, be held to constitute the first Five governors shall be a quorum for the board of governors: John H. Harjes, John J. Hoff, transaction of all business, except the sale or H. H. Harjes, Henry Cachard, S. F. B. Biddle, W. alienation of any of the real or personal estate S. Dalliba, Doctor Edmund L. Gros, L. Huffer, of the said corporation, or the leasing of any Doctor A. J. Magnin, Frank H. Mason, J. real estate thereof for a longer term than one Pierpont Morgan, F. W. Sharon, H. A. van Ber- year, for which purposes or any of them the con- gen, and Doctor Crosby Whitman. In case any of sent of a majority of the said board shall be nec- the above-named persons shall decline to serve essary. or be ineligible, the vacancy or vacancies may (Jan. 30, 1913, ch. 21, § 8, 37 Stat. 655.) be filled by the remaining governors, and any governor shall be eligible for reelection. § 4909. Duration of corporation (Jan. 30, 1913, ch. 21, § 5, 37 Stat. 655.) This charter shall continue in perpetuity. § 4906. Completion of organization; officers; ten- (Jan. 30, 1913, ch. 21, § 9, 37 Stat. 655; Sept. 19, ure 1962, Pub. L. 87–673, 76 Stat. 557; Oct. 1, 1965, Pub. L. 89–231, § 2, 79 Stat. 901.) As soon as practicable after January 30, 1913, AMENDMENTS the said board shall organize and shall, by bal- lot, elect from the members of the board a presi- 1965—Pub. L. 89–231 struck out before period at end dent, a vice president, a secretary, and a treas- ‘‘: Provided, That at no time shall said corporation hold urer, who shall hold their respective offices real estate except for the necessary use of office and hospital purposes of said hospital’’, and was executed until the annual meeting in the year nineteen by striking the quoted material which in the original hundred and thirteen. At such meeting for orga- contained the word ‘‘offices’’ rather than ‘‘office’’. nization the said board shall by lot divide into 1962—Pub. L. 87–673 substituted ‘‘in perpetuity’’ for three classes of equal numbers. The term of of- ‘‘for the term of fifty years’’. § 4910 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 234

§ 4910. Reservation of right to amend or repeal § 5004. Service of process chapter With respect to service of process, the corpora- This chapter shall be subject to alterations, tion shall comply with the laws of the State in amendment, or repeal. which it is incorporated and those States in (Jan. 30, 1913, ch. 21, § 10, 37 Stat. 655.) which it carries on its activities in furtherance of its corporate purposes. CHAPTER 82—MILITARY ORDER OF THE (Pub. L. 102–484, div. A, title XVIII, § 1804, Oct. WORLD WARS 23, 1992, 106 Stat. 2582.) Sec. 5001. Recognition as corporation and grant of Fed- § 5005. Membership eral charter. 5002. Powers of corporation. Except as provided in section 5008 of this title, 5003. Objects and purposes of corporation. eligibility for membership in the corporation 5004. Service of process. and the rights and privileges of members of the 5005. Membership. corporation shall be as provided in the articles 5006. Board of directors. of incorporation and bylaws of the corporation. 5007. Officers. 5008. Prohibition on discrimination. (Pub. L. 102–484, div. A, title XVIII, § 1805, Oct. 5009. Restrictions. 23, 1992, 106 Stat. 2582.) (a) Distribution of income or assets to members. § 5006. Board of directors (b) Loans. (c) Issuance of stock; dividends. Except as provided in section 5008 of this title, (d) Claim of approval or authorization. the composition of the board of directors of the 5010. Liability for acts of officers and agents. corporation and the responsibilities of such 5011. Books and records. 5012. Annual report. board shall be as provided in the articles of in- 5013. Reservation of right to amend or repeal chap- corporation of the corporation and in conform- ter. ity with the laws of the State in which it is in- 5014. Tax-exempt status. corporated. 5015. Failure to comply with restrictions or provisions. (Pub. L. 102–484, div. A, title XVIII, § 1806, Oct. 5016. ‘‘State’’ defined. 23, 1992, 106 Stat. 2582.)

§ 5001. Recognition as corporation and grant of § 5007. Officers Federal charter Except as provided in section 5008 of this title, The Military Order of the World Wars, a non- the positions of officers of the corporation and profit corporation organized under the laws of the election of members to such positions shall the District of Columbia, is recognized as such be as provided in the articles of incorporation of and is granted a Federal charter. the corporation and in conformity with the laws (Pub. L. 102–484, div. A, title XVIII, § 1801, Oct. of the State in which it is incorporated. 23, 1992, 106 Stat. 2581.) (Pub. L. 102–484, div. A, title XVIII, § 1807, Oct. § 5002. Powers of corporation 23, 1992, 106 Stat. 2582.) The Military Order of the World Wars (in this § 5008. Prohibition on discrimination chapter referred to as the ‘‘corporation’’) shall have only those powers granted to it through its In establishing the conditions of membership bylaws and articles of incorporation filed in the in the corporation and in determining the re- State in which it is incorporated and subject to quirements for serving on the board of directors the laws of such State. or as an officer of the corporation, the corporation may not discriminate on the basis of race, (Pub. L. 102–484, div. A, title XVIII, § 1802, Oct. color, religion, sex, handicap, age, or national 23, 1992, 106 Stat. 2581.) origin. § 5003. Objects and purposes of corporation (Pub. L. 102–484, div. A, title XVIII, § 1808, Oct. 23, 1992, 106 Stat. 2582.) The objects and purposes of the corporation are those provided in its bylaws and articles of SECTION REFERRED TO IN OTHER SECTIONS incorporation and shall include the following: (1) Promoting military service associations. This section is referred to in sections 5005, 5006, 5007 of this title. (2) Promoting patriotic education and military, naval, and air science. § 5009. Restrictions (3) Defending the honor and integrity of the Federal Government and the Constitution. (a) Distribution of income or assets to members (4) Fostering fraternal relations among all No part of the income or assets of the corpora- branches of the Armed Forces. tion may inure to the benefit of any member, of- (5) Encouraging the adoption of a suitable ficer, or director of the corporation or be dis- policy of national security. tributed to any such individual during the life of (6) Encouraging the commemoration of mili- this charter. Nothing in this subsection shall be tary service and the establishment of war me- construed to prevent the payment of reasonable morials. compensation to the officers of the corporation (Pub. L. 102–484, div. A, title XVIII, § 1803, Oct. or reimbursement for actual necessary expenses 23, 1992, 106 Stat. 2582.) in amounts approved by the board of directors. Page 235 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 5101

(b) Loans EFFECTIVE DATE OF 1993 AMENDMENT The corporation may not make any loan to Amendment by Pub. L. 103–35 applicable as if in- any officer, director, or employee of the corpora- cluded in the enactment of Pub. L. 102–484, see section tion. 202(b) of Pub. L. 103–35, set out as a note under section 155 of Title 10, Armed Forces. (c) Issuance of stock; dividends The corporation shall have no power to issue § 5014. Tax-exempt status any shares of stock or to declare or pay any The corporation shall maintain its status as dividends. an organization exempt from taxation as pro- (d) Claim of approval or authorization vided in title 26. If the corporation fails to main- The corporation shall not claim congressional tain such status, the charter granted by this approval or the authorization of the Federal chapter shall expire. Government for any of its activities by virtue of (Pub. L. 102–484, div. A, title XVIII, § 1815, Oct. this chapter. 23, 1992, 106 Stat. 2583.) (Pub. L. 102–484, div. A, title XVIII, § 1809, Oct. § 5015. Failure to comply with restrictions or pro- 23, 1992, 106 Stat. 2582.) visions § 5010. Liability for acts of officers and agents The charter granted by this chapter shall ex- The corporation shall be liable for the acts of pire if the corporation fails to comply with— its officers and agents whenever such officers (1) any restriction or other provision of this and agents have acted within the scope of their chapter; authority. (2) any provision of its bylaws or articles of incorporation; or (Pub. L. 102–484, div. A, title XVIII, § 1810, Oct. (3) any provision of the laws of the District 23, 1992, 106 Stat. 2583.) of Columbia that apply to corporations such as § 5011. Books and records the corporation recognized under this chapter. (Pub. L. 102–484, div. A, title XVIII, § 1816, Oct. The corporation shall keep correct and com- 23, 1992, 106 Stat. 2583.) plete books and records of account and minutes of any proceeding of the corporation involving § 5016. ‘‘State’’ defined any of its members, the board of directors, or any committee having authority under the For purposes of this chapter, the term ‘‘State’’ board of directors. The corporation shall keep, includes the District of Columbia, the Common- at its principal office, a record of the names and wealth of Puerto Rico, the Commonwealth of addresses of all members having the right to the Northern Mariana Islands, and the terri- vote in any proceeding of the corporation. All tories and possessions of the United States. books and records of such corporation may be (Pub. L. 102–484, div. A, title XVIII, § 1817, Oct. inspected by any member having the right to 23, 1992, 106 Stat. 2584.) vote in any corporation proceeding, or by any agent or attorney of such member, for any prop- CHAPTER 83—RETIRED ENLISTED er purpose at any reasonable time. Nothing in ASSOCIATION, INCORPORATED this section shall be construed to contravene Sec. any applicable State law. 5101. Recognition as corporation and grant of Fed- eral charter. (Pub. L. 102–484, div. A, title XVIII, § 1811, Oct. 5102. Powers of corporation. 23, 1992, 106 Stat. 2583.) 5103. Objects and purposes of corporation. 5104. Service of process. § 5012. Annual report 5105. Membership. The corporation shall report annually to the 5106. Board of directors. Congress concerning the activities of the cor- 5107. Officers. 5108. Prohibition on discrimination. poration during the preceding fiscal year. Such 5109. Restrictions. annual report shall be submitted at the same (a) Distribution of income or assets to time as the report of the audit required by sec- members. tion 1102 of this title. The report shall not be (b) Loans. printed as a public document. (c) Issuance of stock; dividends. (d) Claim of approval or authorization. (Pub. L. 102–484, div. A, title XVIII, § 1813, Oct. 5110. Liability for acts of officers and agents. 23, 1992, 106 Stat. 2583.) 5111. Books and records. 5112. Annual report. § 5013. Reservation of right to amend or repeal 5113. Reservation of right to amend or repeal chap- chapter ter. 5114. Tax-exempt status. The right to alter, amend, or repeal this chap- 5115. Exclusive right to names, seals, emblems, and ter is expressly reserved to the Congress. badges. (Pub. L. 102–484, div. A, title XVIII, § 1814, Oct. 5116. Failure to comply with restrictions or provisions. 23, 1992, 106 Stat. 2583; amended Pub. L. 103–35, 5117. ‘‘State’’ defined. title II, § 202(a)(13), May 31, 1993, 107 Stat. 101.) § 5101. Recognition as corporation and grant of AMENDMENTS Federal charter 1993—Pub. L. 103–35 made technical amendment to reference to this chapter to reflect correction of cor- The Retired Enlisted Association, Incor- responding provision of original act. porated, a nonprofit corporation organized § 5102 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 236 under the laws of the State of Colorado, is rec- § 5107. Officers ognized as such and is granted a Federal charter. Except as provided in section 5108 of this title, (Pub. L. 102–484, div. A, title XVIII, § 1821, Oct. the positions of officers of the corporation and 23, 1992, 106 Stat. 2584.) the election of members to such positions shall be as provided in the articles of incorporation of § 5102. Powers of corporation the corporation and in conformity with the laws The Retired Enlisted Association, Incor- of the State in which it is incorporated. porated (in this chapter referred to as the ‘‘cor- (Pub. L. 102–484, div. A, title XVIII, § 1827, Oct. poration’’) shall have only those powers granted 23, 1992, 106 Stat. 2585.) to it through its bylaws and articles of incorporation filed in the State in which it is incor- § 5108. Prohibition on discrimination porated and subject to the laws of such State. In establishing the conditions of membership (Pub. L. 102–484, div. A, title XVIII, § 1822, Oct. in the corporation and in determining the re- 23, 1992, 106 Stat. 2584.) quirements for serving on the board of directors or as an officer of the corporation, the corpora- § 5103. Objects and purposes of corporation tion may not discriminate on the basis of race, color, religion, sex, handicap, age or national or- The objects and purposes of the corporation igin. are those provided in its bylaws and articles of incorporation and shall include the following: (Pub. L. 102–484, div. A, title XVIII, § 1828, Oct. (1) Upholding and defending the Constitution 23, 1992, 106 Stat. 2585; Pub. L. 103–160, div. A, of the United States. title XI, § 1182(c)(6), Nov. 30, 1993, 107 Stat. 1772.) (2) Promoting health, prosperity, and schol- AMENDMENTS arship among its members and their depend- 1993—Pub. L. 103–160 substituted ‘‘board of directors’’ ents and survivors through benevolent pro- for ‘‘board of the directors’’. grams. SECTION REFERRED TO IN OTHER SECTIONS (3) Assisting veterans and their dependents and survivors through a service program es- This section is referred to in sections 5105, 5106, 5107 tablished for that purpose. of this title. (4) Improving conditions for retired enlisted § 5109. Restrictions service members, veterans, and their dependents and survivors. (a) Distribution of income or assets to members (5) Fostering fraternal and social activities No part of the income or assets of the corpora- among its members in recognition that coop- tion may inure to the benefit of any member, of- erative action is required for the furtherance ficer, or director of the corporation or be dis- of their common interests. tributed to any such individual during the life of this charter. Nothing in this subsection shall be (Pub. L. 102–484, div. A, title XVIII, § 1823, Oct. construed to prevent the payment of reasonable 23, 1992, 106 Stat. 2584.) compensation to the officers of the corporation or reimbursement for actual necessary expenses § 5104. Service of process in amounts approved by the board of directors. With respect to service of process, the corpora- (b) Loans tion shall comply with the laws of the State in The corporation may not make any loan to which it is incorporated and those States in any officer, director, or employee of the corpora- which it carries on its activities in furtherance tion. of its corporate purposes. (c) Issuance of stock; dividends (Pub. L. 102–484, div. A, title XVIII, § 1824, Oct. The corporation shall have no power to issue 23, 1992, 106 Stat. 2584.) any shares of stock nor to declare or pay any dividends. § 5105. Membership (d) Claim of approval or authorization Except as provided in section 5108 of this title, The corporation shall not claim congressional eligibility for membership in the corporation approval or the authorization of the Federal and the rights and privileges of members of the Government for any of its activities by virtue of corporation shall be as provided in the articles this chapter. of incorporation and bylaws of the corporation. (Pub. L. 102–484, div. A, title XVIII, § 1829, Oct. (Pub. L. 102–484, div. A, title XVIII, § 1825, Oct. 23, 1992, 106 Stat. 2585.) 23, 1992, 106 Stat. 2584.) § 5110. Liability for acts of officers and agents § 5106. Board of directors The corporation shall be liable for the acts of Except as provided in section 5108 of this title, its officers and agents whenever such officers the composition of the board of directors of the and agents have acted within the scope of their corporation and the responsibilities of such authority. board shall be as provided in the articles of in- (Pub. L. 102–484, div. A, title XVIII, § 1830, Oct. corporation of the corporation and in conform- 23, 1992, 106 Stat. 2585.) ity with the laws of the State in which it is incorporated. § 5111. Books and records (Pub. L. 102–484, div. A, title XVIII, § 1826, Oct. The corporation shall keep correct and com- 23, 1992, 106 Stat. 2584.) plete books and records of account and minutes Page 237 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 5201 of any proceeding of the corporation involving § 5116. Failure to comply with restrictions or pro- any of its members, the board of directors, or visions any committee having authority under the board of directors. The corporation shall keep, If the corporation fails to comply with any of at its principal office, a record of the names and the restrictions or provisions of this chapter, addresses of all members having the right to the charter granted by this chapter shall expire. vote in any proceeding of the corporation. All (Pub. L. 102–484, div. A, title XVIII, § 1837, Oct. books and records of such corporation may be 23, 1992, 106 Stat. 2586.) inspected by any member having the right to vote in any corporation proceeding, or by any § 5117. ‘‘State’’ defined agent or attorney of such member, for any prop- For purposes of this chapter, the term ‘‘State’’ er purpose at any reasonable time. Nothing in includes the District of Columbia, the Common- this section shall be construed to contravene wealth of Puerto Rico, the Commonwealth of any applicable State law. the Northern Mariana Islands, and the terri- (Pub. L. 102–484, div. A, title XVIII, § 1831, Oct. tories and possessions of the United States. 23, 1992, 106 Stat. 2585.) (Pub. L. 102–484, div. A, title XVIII, § 1838, Oct. § 5112. Annual report 23, 1992, 106 Stat. 2586.) The corporation shall report annually to the CHAPTER 84—NATIONAL FALLEN Congress concerning the activities of the cor- FIREFIGHTERS FOUNDATION poration during the preceding fiscal year. Such Sec. annual report shall be submitted at the same 5201. Establishment and purposes of Foundation. time as the report of the audit required by sec- (a) Establishment. tion 1102 of this title. The report shall not be (b) Purposes. printed as a public document. 5202. Board of Directors. (Pub. L. 102–484, div. A, title XVIII, § 1833, Oct. (a) Establishment and membership. (b) Appointment and terms. 23, 1992, 106 Stat. 2586.) (c) Vacancy. § 5113. Reservation of right to amend or repeal (d) Chairman. (e) Quorum. chapter (f) Meetings. The right to alter, amend, or repeal this chap- (g) General powers. ter is expressly reserved to the Congress. (h) Officers and employees. 5203. Rights and obligations of Foundation. (Pub. L. 102–484, div. A, title XVIII, § 1834, Oct. (a) In general. 23, 1992, 106 Stat. 2586; Pub. L. 103–35, title II, (b) Seal. § 202(a)(13), May 31, 1993, 107 Stat. 101.) (c) Powers. 5204. Administrative services and support. AMENDMENTS 5205. Volunteer status. 1993—Pub. L. 103–35 made technical amendment to 5206. Audits, report requirements, and petition of reference to this chapter to reflect correction of cor- Attorney General for equitable relief. responding provision of original act. (a) Audits. (b) Report. EFFECTIVE DATE OF 1993 AMENDMENT (c) Relief for certain Foundation acts or Amendment by Pub. L. 103–35 applicable as if in- failures to act. cluded in the enactment of Pub. L. 102–484, see section 5207. Immunity of United States. 202(b) of Pub. L. 103–35, set out as a note under section 155 of Title 10, Armed Forces. § 5201. Establishment and purposes of Founda- tion § 5114. Tax-exempt status (a) Establishment The corporation shall maintain its status as There is established the National Fallen Fire- an organization exempt from taxation as pro- fighters Foundation (hereafter in this chapter vided in title 26. If the corporation fails to main- referred to as the ‘‘Foundation’’). The Founda- tain such status, the charter granted by this tion is a charitable and nonprofit corporation to chapter shall expire. be organized under the laws of the State of (Pub. L. 102–484, div. A, title XVIII, § 1835, Oct. Maryland and is not an agency or establishment 23, 1992, 106 Stat. 2586.) of the United States. § 5115. Exclusive right to names, seals, emblems, (b) Purposes and badges The purposes of the Foundation are— (1) primarily to encourage, accept, and ad- The corporation shall have the sole and exclu- minister private gifts of property for the bene- sive right to use the names ‘‘The Retired En- fit of the National Fallen Firefighters’ Memo- listed Association, Incorporated’’, ‘‘The Retired rial and the annual memorial service associ- Enlisted Association’’, ‘‘Retired Enlisted Asso- ated with it; ciation’’, and ‘‘TREA’’, and such seals, emblems, (2) to provide financial assistance to families and badges as the corporation may lawfully of fallen firefighters for transportation to and adopt. Nothing in this section may be construed lodging at non-Federal facilities during the to conflict or interfere with rights that are es- annual memorial service; tablished or vested before October 23, 1992. (3) to assist State and local efforts to recog- (Pub. L. 102–484, div. A, title XVIII, § 1836, Oct. nize firefighters who die in the line of duty; 23, 1992, 106 Stat. 2586.) and § 5202 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 238

(4) to provide scholarships and other finan- (f) Meetings cial assistance for educational purposes and The Board shall meet at the call of the Chair- job training for the spouses and children of man at least once a year. If a member of the fallen firefighters. Board misses three consecutive meetings, that (Pub. L. 102–522, title II, § 202, Oct. 26, 1992, 106 individual may be removed from the Board and Stat. 3417.) that vacancy filled in accordance with subsection (c) of this section. SHORT TITLE (g) General powers Section 201 of title II of Pub. L. 102–522 provided that: ‘‘This title [enacting this chapter and section 671a of (1) Actions by the Board Title 29, Labor] may be cited as the ‘National Fallen The Board may complete the organization of Firefighters Foundation Act’.’’ the Foundation by— SECTION REFERRED TO IN OTHER SECTIONS (A) appointing no more than two officers This section is referred to in sections 5203, 5206 of this or employees; title. (B) adopting a constitution and bylaws consistent with this chapter; and § 5202. Board of Directors (C) undertaking other such acts as may be (a) Establishment and membership necessary to carry out this chapter. (1) Voting members (2) Limitation The Foundation shall have a governing Officers and employees may not be ap- Board of Directors (hereafter in this chapter pointed until the Foundation has sufficient referred to as the ‘‘Board’’), which shall con- funds to pay for their services. sist of nine voting members, of whom— (h) Officers and employees (A) one member shall be an active volunteer firefighter; (1) Status (B) one member shall be an active career Officers and employees of the Foundation firefighter; shall not be considered Federal employees, (C) one member shall be a Federal fire- shall be appointed without regard to title 5 fighter; and governing appointments in the competitive (D) six members shall have a demonstrated service, and may be paid without regard to interest in the fire service. chapter 51 and subchapter III of chapter 53 of (2) Nonvoting member such title relating to classification and Gen- eral Schedule pay rates. The Administrator of the United States Fire Administration of the Federal Emergency (2) Maximum salary Management Agency (hereafter in this chapter No officer or employee may receive pay in referred to as the ‘‘Administrator’’) shall be an excess of the annual rate of basic pay pre- ex officio nonvoting member of the Board. scribed for level GS–15 of the General Schedule (3) Status of Board members under section 5107 of title 5. Appointment to the Board shall not con- (Pub. L. 102–522, title II, § 203, Oct. 26, 1992, 106 stitute employment by, or the holding of an Stat. 3417.) office of, the United States for the purposes of any Federal law. REFERENCES IN TEXT (4) Compensation The provisions of title 5 governing appointments in the competitive service, referred to in subsec. (h)(1), Members of the Board shall serve without are classified generally to section 3301 et seq. of Title compensation. 5, Government Organization and Employees. (b) Appointment and terms § 5203. Rights and obligations of Foundation Within 3 months after October 26, 1992, the Ad- ministrator shall appoint the voting members of (a) In general the Board. The voting members shall be ap- The Foundation— pointed for terms of 6 years, except that the Ad- (1) shall have perpetual succession; ministrator, in making the initial appointments (2) may conduct business throughout the to the Board, shall appoint— several States, territories, and possessions of (1) three members to a term of 2 years; the United States; (2) three members to a term of 4 years; and (3) shall have its principal offices in the (3) three members to a term of 6 years. State of Maryland; and (c) Vacancy (4) shall at all times maintain a designated A vacancy on the Board shall be filled within agent authorized to accept service of process 60 days in the manner in which the original ap- for the Foundation. pointment was made. (b) Seal (d) Chairman The Foundation shall have an official seal se- The Chairman shall be elected by the Board lected by the Board which shall be judicially no- from its voting members for a 2-year term. ticed. (e) Quorum (c) Powers A majority of the current membership of the To carry out its purposes under section 5201 of Board shall constitute a quorum for the trans- this title, the Foundation shall have, in addition action of business. to the powers otherwise given it under this Page 239 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 5301 chapter, the usual powers of a corporation act- August 30, 1964 (36 U.S.C. 1101 et seq.), the Foun- ing as a trustee in the State of Maryland, in- dation shall be treated as a private corporation cluding the power— established under Federal law. (1) to accept, receive, solicit, hold, admin- (b) Report ister, and use any gift, devise, or bequest, either absolutely or in trust, of real or personal The Foundation shall, within 4 months after property or any income therefrom or other in- the end of each fiscal year, prepare and submit terest therein; to the appropriate committees of the Congress a (2) to sue and be sued, and complain and de- report of the Foundation’s proceedings and ac- fend itself in any court of competent jurisdic- tivities during such year, including a full and tion, except that the members of the Board complete statement of its receipts, expendi- shall not be personally liable, except for gross tures, and investments. negligence; (c) Relief for certain Foundation acts or failures (3) unless otherwise required by the instru- to act ment of transfer, to sell, donate, lease, invest, If the Foundation— or otherwise dispose of any property or income (1) engages in, or threatens to engage in, any therefrom; act, practice, or policy that is inconsistent (4) to enter into contracts and other ar- with the purposes set forth in section 5201(b) of rangements with public agencies and private this title; or organizations and persons and to make such (2) refuses, fails, or neglects to discharge its payments as may be necessary to carry out its obligations under this chapter, or threatens to functions; and do so, (5) to do any and all acts necessary and proper to carry out the purposes of the Founda- the Attorney General may petition in the tion. United States District Court for the District of Columbia for such equitable relief as may be (Pub. L. 102–522, title II, § 204, Oct. 26, 1992, 106 necessary or appropriate. Stat. 3419.) (Pub. L. 102–522, title II, § 207, Oct. 26, 1992, 106 § 5204. Administrative services and support Stat. 3420.) The Administrator may provide personnel, fa- REFERENCES IN TEXT cilities, and other administrative services to the The Act entitled ‘‘An Act to provide for audit of ac- Foundation and shall require and accept reim- counts of private corporations established under Fed- bursements for such personnel, facilities, and eral law’’, referred to in subsec. (a), is Pub. L. 88–504, services that shall be deposited in the Treasury Aug. 30, 1964, 78 Stat. 635, as amended, which is classi- to the credit of the appropriations then current fied principally to chapter 42 (§ 1101 et seq.) of this title. and chargeable for the cost of providing such For complete classification of this Act to the Code, see Tables. services. Notwithstanding any other provision of law, Federal personnel and stationery shall not § 5207. Immunity of United States be used to solicit funding for the Foundation. The United States shall not be liable for any (Pub. L. 102–522, title II, § 205, Oct. 26, 1992, 106 debts, defaults, acts, or omissions of the Foun- Stat. 3419.) dation nor shall the full faith and credit of the § 5205. Volunteer status United States extend to any obligation of the Foundation. The Administrator may accept, without re- (Pub. L. 102–522, title II, § 208, Oct. 26, 1992, 106 gard to the Federal civil service classification Stat. 3420.) laws, rules, or regulations, the services of the Foundation, the Board, and the officers and em- CHAPTER 85—NATIONAL EDUCATION ployees of the Board, without compensation ASSOCIATION OF THE UNITED STATES from the United States Fire Administration, as volunteers in the performance of the functions Sec. authorized under this chapter. 5301. Corporation created. 5302. Purpose and object of corporation. (Pub. L. 102–522, title II, § 206, Oct. 26, 1992, 106 5303. Powers of corporation. Stat. 3419.) 5304. Tax-exempt status. 5305. Membership. REFERENCES IN TEXT 5306. Officers. The Federal civil service classification laws, referred 5307. Permanent Fund of the National Education to in text, probably should refer to civil service and Association. classification laws. The civil service laws are set forth (a) Establishment; spending or transfer in Title 5, Government Organization and Employees. limitations. See, particularly, section 3301 et seq. of Title 5. The (b) Use of income. classification laws are set forth in chapter 51 and sub- (c) Secretary of Association. chapter III of chapter 53 of Title 5. 5308. Principal office. 5309. Charter. § 5206. Audits, report requirements, and petition 5310. Rights of creditors. of Attorney General for equitable relief 5311. Reservation of right to amend or repeal chapter. (a) Audits § 5301. Corporation created For purposes of the Act entitled ‘‘An Act to provide for audit of accounts of private corpora- The following-named persons, who are now the tions established under Federal law’’, approved officers and directors and trustees of the Na- § 5302 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 240 tional Educational Association, a corporation § 5302. Purpose and object of corporation organized in the year eighteen hundred and The purpose and object of the said corporation eighty-six, under the Act of general incorpora- shall be to elevate the character and advance tion of the revised statutes of the District of Co- the interests of the profession of teaching, and lumbia, namely: Nathan C. Schaeffer, Eliphalet to promote the cause of education in the United Oram Lyte, John W. Lansinger, of Pennsylvania; States. This corporation shall include the Na- Isaac W. Hill, of Alabama; Arthur J. Matthews, tional Council of Education and the following of Arizona; John H. Hinemon, George B. Cook, of departments, and such others as may hereafter Arkansas; Joseph O’Connor, Josiah L. Pickard, be created by organization or consolidation, to Arthur H. Chamberlain, of California; Aaron wit: The departments, first, of superintendence; Gove, Ezekiel H. Cook, Lewis C. Greenlee, of second, of normal schools; third, of elementary Colorado; Charles H. Keyes, of Connecticut; education; fourth, of higher education; fifth, of George W. Twitmyer, of Delaware; J. Ormond manual training; sixth, of art education; sev- Wilson, William T. Harris, Alexander T. Stuart, enth, of kindergarten education; eighth, of of the District of Columbia; Clem Hampton, of music education; ninth, of secondary education; Florida; William M. Slaton, of Georgia; Frances tenth, of business education; eleventh, of child Mann, of Idaho; J. Stanley Brown, Albert G. study; twelfth, of physical education; thir- Lane, Charles I. Parker, John W. Cook, Joshua teenth, of natural science instruction; four- Pike, Albert R. Taylor, Joseph A. Mercer, of Illi- teenth, of school administration; fifteenth, the nois; Nebraska Cropsey, Thomas A. Mott, of In- library department; sixteenth, of special edu- diana; John D. Benedict, of Indian Territory; cation; seventeenth, of Indian education; the John F. Riggs, Ashley V. Storm, of Iowa; John powers and duties and the number and names of W. Spindler, Jasper N. Wilkinson, A. V. Jewett, these departments and of the National Council Luther D. Whittemore, of Kansas; William of Education may be changed or abolished at the Henry Bartholomew, of Kentucky; Warren Eas- pleasure of the corporation as provided in its by- ton, of Louisiana; John S. Locke, of Maine; M. laws. Bates Stephens, of Maryland; Charles W. Eliot, Mary H. Hunt, Henry T. Bailey, of Massachu- (June 30, 1906, ch. 3929, § 2, 34 Stat. 805.) setts; Hugh A. Graham, Charles G. White, Wil- § 5303. Powers of corporation liam H. Elson, of Michigan; William F. Phelps, Irwin Shepard, John A. Cranston, of Minnesota; The said corporation shall further have power Robert B. Fulton, of Mississippi; F. Louis Sol- to have and to use a common seal, and to alter dan, James M. Greenwood, William J. Hawkins, and change the same at its pleasure; to sue or to of Missouri; Oscar J. Craig, of Montana; George be sued in any court of the United States, or L. Towne, of Nebraska; Joseph E. Stubbs, of Ne- other court of competent jurisdiction; to make vada; James E. Klock, of New Hampshire; James bylaws not inconsistent with the provisions of M. Green, John Enright, of New Jersey; Charles this chapter or of the Constitution of the United M. Light, of New Mexico; James H. Canfield, States; to take or receive, whether by gift, Nicholas Murray Butler, William H. Maxwell, grant, devise, bequest, or purchase, any real or Charles R. Skinner, Albert P. Marble, James C. personal estate, and to hold, grant, transfer, Byrnes, of New York; James Y. Joyner, Julius sell, convey, hire, or lease the same for the pur- Isaac Foust, of North Carolina; Pitt Gordon pose of its incorporation; to accept and admin- Knowlton, of North Dakota; Oscar T. Corson, ister any trust of real or personal estate for any Jacob A. Shawan, Wells L. Griswold, of Ohio; educational purpose within the objects of the Edgar S. Vaught, Andrew R. Hickam, of Okla- corporation; and to borrow money for its cor- homa; Charles Carroll Stratton, Edwin D. porate purposes, issue bonds therefor, and secure Ressler, of Oregon; Thomas W. Bicknell, Walter the same by mortgage, deed of trust, pledge, or Ballou Jacobs, of Rhode Island; David B. John- otherwise. son, Robert P. Pell, of South Carolina; Moritz (June 30, 1906, ch. 3929, § 3, 34 Stat. 805; June 30, Adelbert Lange, of South Dakota; Eugene F. 1969, Pub. L. 91–37, § 1[(a)], 83 Stat. 42.) Turner, of Tennessee; Lloyd E. Wolfe, of Texas; David H. Christensen, of Utah; Henry O. Wheel- AMENDMENTS er, Isaac Thomas, of Vermont; Joseph L. 1969—Pub. L. 91–37 amended section generally. Prior Jarman, of Virginia; Edward T. Mathes, of to amendment, section read as follows: ‘‘The said cor- Washington; T. Marcellus Marshall, Lucy Robin- poration shall further have power to have and to use a son, of West Virginia; Lorenzo D. Harvey, of common seal, and to alter and change the same at its Wisconsin; Thomas T. Tynan, of Wyoming; Cas- pleasure, to sue or to be sued in any court of the United States, or other court of competent jurisdiction; to sia Patton, of Alaska; Frank H. Ball, of Porto make by-laws not inconsistent with the provisions of Rico; Arthur F. Griffiths, of Hawaii; C. H. this chapter or of the Constitution of the United Maxson, of the Philippine Islands, and such States; to take or receive, whether by gift, grant, de- other persons as now are or may hereafter be vise, bequest, or purchase, any real or personal estate, associted with them as officers or members of and to hold, grant, convey, hire, or lease the same for said association, are hereby incorporated and the purposes of its incorporation, and to accept and ad- declared to be a body corporate of the District of minister any trust of real or personal estate for any Columbia by the name of the ‘‘National Edu- educational purpose within the objects of the corporation.’’ cation Association of the United States,’’ and by that name shall be known and have perpetual § 5304. Tax-exempt status succession with the powers, limitations, and restrictions herein contained. All real property of the corporation within the District of Columbia, which shall be used by the (June 30, 1906, ch. 3929, § 1, 34 Stat. 804.) corporation for the educational or other pur- Page 241 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 5307 poses of the corporation as aforesaid, other than 1937—Act June 14, 1937, amended section generally, the purposes of producing income, and all per- substituting provisions authorizing corporation offi- sonal property and funds of the corporation cers, boards, councils, and committees, and directing held, used, or invested for educational purposes that corporation bylaws prescribe their powers, duties, terms of office, and manner of election or appointment, aforesaid, or to produce income to be used for for provisions delineating officers of corporation and such purposes, shall be exempt from taxation: providing further detail into composition and method Provided, however, That this exemption shall not of electing or appointing a board of directors, an execu- apply to any property of the corporation which tive committee, and a board of trustees. shall not be used for or the income of which shall not be applied to the educational purposes § 5307. Permanent Fund of the National Edu- of the corporation: And provided further, That cation Association the corporation shall annually file with the Sec- (a) Establishment; spending or transfer limita- retary of Education a report in writing stating tions in detail the property, real and personal, held by the corporation, and the expenditure or other The invested fund now known as the ‘‘Perma- use or disposition of the same, or the income nent Fund of the National Education Associa- thereof, during the preceding year. tion,’’ shall be held in such corporation as a Per- manent Fund and shall be in charge of the Exec- (June 30, 1906, ch. 3929, § 4, 34 Stat. 805; Pub. L. utive Committee, which shall provide for the 96–88, title III, § 301(a)(1), title V, § 507, Oct. 17, safekeeping and investment of such fund, and of 1979, 93 Stat. 677, 692.) all other funds which the corporation may re- TRANSFER OF FUNCTIONS ceive by donation, bequest, or devise. No part of the principal of such Permanent Fund or its ac- ‘‘Secretary of Education’’ substituted for ‘‘Commis- cretions shall be expended or transferred to the sioner of Education of the United States’’ pursuant to sections 301(a)(1) and 507 of Pub. L. 96–88, which are General Fund, except by a two-thirds vote of the classified to sections 3441(a)(1) and 3507 of Title 20, Edu- Representative Assembly, after the proposed ex- cation, and which transferred all functions of Commis- penditure or transfer has been approved by the sioner of Education to Secretary of Education. Executive Committee and the Board of Direc- tors, and after printed notice of the proposed ex- § 5305. Membership penditure or transfer has been printed in the The qualifications, classifications, rights, and Journal of the National Education Association obligations of members of said corporation shall at least two months prior to the meeting of the be prescribed in the bylaws of the corporation. Representative Assembly. (June 30, 1906, ch. 3929, § 5, 34 Stat. 805; June 14, (b) Use of income 1937, ch. 336, § 1, 50 Stat. 257.) The income of the Permanent Fund shall be used only to meet the cost of maintaining the AMENDMENTS organization of the Association and of publish- 1937—Act June 14, 1937 amended section generally. ing its annual volume of Proceedings, unless the Prior to amendment, section read as follows: ‘‘The terms of the donation, bequest, or devise shall membership of the said corporation shall consist of otherwise specify or the bylaws of the corpora- three classes of members, namely, active, associate, and corresponding, whose qualifications, terms of mem- tion shall otherwise provide. bership, rights, and obligations shall be prescribed by (c) Secretary of Association the by-laws of the corporation.’’ The Executive Committee shall elect the sec- § 5306. Officers retary of the Association, who shall be secretary of the Executive Committee, and shall fix the (a) The officers of the corporation shall be a compensation and the term of his office for a pe- president, one or more vice presidents, a sec- riod not to exceed four years. retary, a treasurer, a board of directors, an executive committee, and such boards, councils, (June 30, 1906, ch. 3929, § 7, 34 Stat. 806; June 14, committees, and other officers as shall be pre- 1937, ch. 336, § 3, 50 Stat. 257; June 30, 1969, Pub. scribed in the bylaws. L. 91–37, § 1(c), 83 Stat. 43.) (b) Except as limited by this chapter, the by- AMENDMENTS laws of the corporation shall prescribe the powers, duties, terms of office, and the manner of 1969—Pub. L. 91–37 amended section generally, redes- ignating subsecs. (b), (c), and (d) as (a), (b), and (c), reelection or appointment of the said officers, spectively, and making the Executive Committee, rath- boards, councils, and committees; and the said er than the board of trustees, in charge of the perma- corporation may by its bylaws make other and nent fund, and striking out former subsec. (a) which different provisions as to the numbers and made provision for the election and operation of the names of the officers, boards, councils, and com- board of trustees to oversee the investment and safe- mittees. keeping of the fund. 1937—Act June 14, 1937, amended section generally. (June 30, 1906, ch. 3929, § 6, 34 Stat. 805; June 14, Prior to amendment, section provided for establish- 1937, ch. 336, § 2, 50 Stat. 257; June 30, 1969, Pub. ment of a permanent fund, as well as spending limita- L. 91–37, § 1(b), 83 Stat. 43.) tions and procedures, use of fund income, payment of bills, and investment of surplus, as well as for the elec- AMENDMENTS tion of a secretary of the association and executive 1969—Subsec. (a). Pub. L. 91–37, which directed the committee by the board of trustees. amendment of subsec. (a) by striking out ‘‘a Board of TERMINATION OF SECTION Trustees,’’, was executed by striking ‘‘a board of trustees,’’ after ‘‘executive committee,’’ to reflect the prob- Section 2 of Pub. L. 91–37 provided that: ‘‘Upon the able intent of Congress. adoption by the Representative Assembly of the Na- § 5308 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 242 tional Education Association of amended bylaws to the charter granted by this chapter by the Na- provide for the administration of the property of the tional Educational Association shall be legal corporation and for the selection of the secretary of the evidence of the fact, when filed with the re- Association, section 7 of the Act June 30, 1906 (34 Stat. corder of deeds of the District of Columbia: And 804) [this section], shall be of no further force and effect.’’ [At its Annual Meeting convened on July 1, 1968, provided further, That in the event of the failure the National Education Association adopted a bylaw of the association to accept the charter granted amendment transferring the duties of the Board of by this chapter at said annual meeting, then the Trustees, including responsibility for the Permanent charter of the National Educational Association Fund and selection of the Secretary, to the Executive and its corporate existence shall be, and are Committee.] hereby, extended until the thirty-first day of § 5308. Principal office July, nineteen hundred and eight, and at any time before said date its charter may be ex- The principal office of the said corporation tended in the manner and form provided by the shall be in the city of Washington, District of general corporation law of the District of Co- Columbia: Provided, That the meetings of the lumbia. corporation, its officers, committees, and departments, may be held, and that its business (June 30, 1906, ch. 3929, § 9, 34 Stat. 807.) may be transacted and an office or offices may § 5310. Rights of creditors be maintained elsewhere within the United States, as may be determined, in accordance The rights of creditors of the said existing cor- with the by-laws. poration, known as the National Educational Association, shall not in any manner be im- (June 30, 1906, ch. 3929, § 8, 34 Stat. 807; June 14, paired by the passage of this chapter, or the 1937, ch. 336, § 4, 50 Stat. 258.) transfer of the property heretofore mentioned, AMENDMENTS nor shall any liability or obligation, or the pay- 1937—Act June 14, 1937, which directed the amendment of any sum due or to become due, or any ment of this section by striking out ‘‘by the Board of claim or demand, in any manner, or for any Directors, or otherwise’’, was executed by striking ‘‘by cause existing against the said existing corpora- the board of directors, or otherwise’’ after ‘‘as may be tion, be released or impaired; and the corpora- determined’’, to reflect the probable intent of Congress. tion hereby incorporated is declared to succeed to the obligations and liabilities, and to be held § 5309. Charter liable to pay and discharge all of the debts, li- The charter, constitution, and by-laws of the abilities, and contracts of the said corporation National Educational Association shall continue so existing, to the same effect as if such new in full force and effect until the charter granted corporation had itself incurred the obligation or by this chapter shall be accepted by such asso- liability to pay such debt or damages, and no ac- ciation at the next annual meeting of the asso- tion or proceeding before any court or tribunal ciation, and until new by-laws shall be adopted, shall be deemed to have abated or been discon- and the present officers, directors, and trustees tinued by reason of this chapter. of said association shall continue to hold office (June 30, 1906, ch. 3929, § 10, 34 Stat. 807.) and perform their respective duties as such until the expiration of the terms for which they were § 5311. Reservation of right to amend or repeal severally elected or appointed, and until their chapter successors are elected. At such annual meeting the active members of the National Educational Congress may from time to time alter, repeal, Association then present may organize and pro- or modify this chapter, but no contract or indi- ceed to accept the charter granted by this chap- vidual right made or acquired shall thereby be ter and adopt by-laws, to elect officers to suc- divested or impaired. ceed those whose terms have expired or are (June 30, 1906, ch. 3929, § 11, 34 Stat. 808.) about to expire, and generally to organize the ‘‘National Education Association of the United CHAPTER 86—SOCIETY OF AMERICAN FLO- States,’’ and the board of trustees of the cor- RISTS AND ORNAMENTAL HORTICULTUR- poration hereby incorporated shall thereupon, if ISTS the charter granted by this chapter be accepted, Sec. receive, take over, and enter into possession, 5401. Corporation created. custody, and management of all property, real 5402. Reservation of right to amend or repeal chap- and personal, of the corporation heretofore ter. known as the National Educational Association, § 5401. Corporation created incorporated as aforesaid under the Revised Statutes of the District of Columbia, and all its James Dean, of Freeport; Charles W. Ward, of rights, contracts, claims, and property of every Queens; William Scott, of Buffalo; and Charles kind and nature whatsoever; and the several of- Henderson, of New York City, all in the State of ficers, directors, and trustees of such last-named New York; William J. Stewart, Michael H. Nor- association, or any other person having charge ton, and Patrick Welch, of Boston; Edmund M. of any of the securities, funds, books, or prop- Wood, of Natick; and Lawrence Cotter, of Dor- erty thereof, real or personal, shall on demand chester, all in the State of Massachusetts; Ed- deliver the same to the proper officers, direc- ward G. Hill, of Richmond, in the State of Indi- tors, or trustees of the corporation hereby cre- ana; John N. May, of Summitt, John G. Esler, of ated: Provided, That a verified certificate exe- Saddle River; Patrick O’Mara, of Jersey City; cuted by the presiding officer and secretary of William A. Manda, of South Orange, all in the such annual meeting, showing the acceptance of State of New Jersey; Benjamin Durfee, William Page 243 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 5402

R. Smith, William F. Gude, and Henry Small, § 5402. Reservation of right to amend or repeal Junior, of Washington, in the District of Colum- chapter bia; Willis N. Rudd, of Chicago; Emil Buettner, Congress reserves the right to alter, amend, or of Park Ridge; John C. Vaughan, of Chicago, all repeal this chapter in whole or in part. in the State of Illinois; Joseph A. Dirwanger, of Portland, in the State of Maine; Robert Craig, (Mar. 3, 1901, ch. 876, § 2, 31 Stat. 1454; June 29, Edwin Lonsdale, W. Atlee Burpee, and John Bur- 1938, ch. 796, 52 Stat. 1227.) ton, of Philadelphia; H. B. Beatty, of Oil City; AMENDMENTS and William Falconer, of Pittsburgh; all in the 1938—Act June 29, 1938, amended section generally, State of Pennsylvania; George M. Kellogg, of reenacting text without change. Pleasant Hill, in the State of Missouri; John T. D. Fulmer, of Des Moines, and J. C. Rennison, of CHAPTER 87—CORPORATION FOR THE PRO- Sioux City, in the State of Iowa; L. A. MOTION OF RIFLE PRACTICE AND FIRE- Berckmans, of Augusta, in the State of Georgia; ARMS SAFETY H. Papworth, of New Orleans, in the State of SUBCHAPTER I—ESTABLISHMENT AND Louisiana; Elmer D. Smith, of Adrian, and OPERATION OF CORPORATION Harry Balsley, of Detroit, in the State of Michi- Sec. gan; F. A. Whelan, of Mount Vernon on the Po- 5501. Establishment of Corporation. tomac, in the State of Virginia; Adam Graham, (a) Establishment. of Cleveland, in the State of Ohio; William Fra- (b) Private, nonprofit status. ser, of Baltimore, in the State of Maryland; (c) Board of Directors. John Spalding, of New London, and John N. (d) Director of Civilian Marksmanship. 5502. Conduct of Civilian Marksmanship Program. Champion, of New Haven, in the State of Con- (a) Functions. necticut; and Charles W. Hoitt, of Nashua, in the (b) Priority for youth activities. State of New Hampshire, their associates and (c) Access to surplus property. successors, are hereby created a body corporate (d) Transfer of Civilian Marksmanship and politic, within the District of Columbia, by Program to Corporation. the name of the Society of American Florists 5503. Eligibility for participation in Civilian Marksmanship Program. and Ornamental Horticulturists, for the edu- (a) Certification requirement. cation of the general public and of members of (b) Ineligibility resulting from certain the florist industry in the subjects of, and for convictions. the scientific development of, floriculture and (c) Authority to limit participation. horticulture in all their branches. Said corpora- 5504. Issuance, loan, and sale of firearms and am- tion is authorized to adopt a constitution and to munition by Corporation. (a) Issuance and loan. make bylaws not inconsistent with law, to hold (b) Sales. real and personal estate in the District of Co- (c) Limitations on sales. lumbia and elsewhere, so far only as may be nec- (d) Oversight and accountability. essary to its lawful ends, to an amount not ex- (e) Applicability of other law. ceeding $1,000,000, and such other estate as may 5505. Transfer of firearms and ammunition from be donated or bequeathed in any State or Terri- Army to Corporation. (a) Transfers required. tory: Provided, That all property so held, and the (b) Time for transfer. proceeds thereof, shall be held and used solely (c) Parts. for the purposes set forth in this chapter. Said (d) Vesting of title in transferred items. corporation shall operate without profit and any (e) Costs of transfers. earnings and/or surplus funds that may be cre- 5506. Reservation by Army of firearms and ammu- ated through any of its educational or scientific nition for Corporation. activities shall be available only for the further (a) Reservation of firearms and ammunition. accomplishment of the corporation’s stated pur- (b) Storage of firearms and ammunition. poses. The principal office of the corporation (c) Limitation on demilitarization of M–1 shall be located within the District of Columbia, rifles. but the annual meetings may be held in such (d) Exception for transfers to Federal and other places as the incorporators or their suc- State agencies for counterdrug pur- cessors shall determine: Provided, That this cor- poses. 5507. Army logistical support for Program. poration shall not be permitted to occupy any (a) Logistical support. park in the city of Washington. (b) Reserve component personnel. (c) Use of Department of Defense facili- (Mar. 3, 1901, ch. 876, § 1, 31 Stat. 1453; June 29, ties for National Matches. 1938, ch. 796, 52 Stat. 1226.) (d) Regulations. 5508. General authorities of Corporation. (a) Donations and fees. AMENDMENTS (b) Corporate seal. (c) Contracts. 1938—Act June 29, 1938, amended section generally, (d) Obligations and expenditures. striking out provision referring to kindred purposes of (e) Related authority. corporation in the interest of floriculture and horti- 5509. Distribution of corporate assets in event of culture, substituting ‘‘$1,000,000’’ for ‘‘fifty thousand dissolution. dollars’’ as limit on real and personal estate of corpora- (a) Distribution. tion, and inserting direction that corporation was to (b) Prohibition. operate without profit and that any earnings or surplus SUBCHAPTER II—TRANSITIONAL PROVISIONS funds created through any educational or scientific activities be available only for further accomplishment of 5521. Transfer of funds and property to Corpora- corporation’s stated purposes. tion. § 5501 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 244

Sec. L. 104–106, Feb. 10, 1996, 110 Stat. 515, which is classified (a) Funds. principally to this chapter. For complete classification (b) Property. of title XVI to the Code, see Short Title note below and (c) Offices. Tables. (d) Costs of transfers. 5522. Continuation of eligibility for certain civil SHORT TITLE service benefits for former Federal employ- Section 1601 of title XVI of div. A of Pub. L. 104–106 ees of Civilian Marksmanship Program. provided that: ‘‘This title [enacting this chapter, (a) Continuation of eligibility. (b) Regulations. amending sections 4313 and 4316 of Title 10, Armed 5523. Certification of completion of transition. Forces, and section 925 of Title 18, Crimes and Criminal (a) Certification requirement. Procedure, repealing sections 4307, 4308, 4310, and 4311 of (b) Publication of certification. Title 10, and enacting provisions set out as a note under section 4313 of Title 10] may be cited as the ‘Cor- SUBCHAPTER I—ESTABLISHMENT AND poration for the Promotion of Rifle Practice and Fire- OPERATION OF CORPORATION arms Safety Act’.’’ § 5501. Establishment of Corporation SECTION REFERRED TO IN OTHER SECTIONS (a) Establishment This section is referred to in section 5523 of this title. There is established a private, nonprofit cor- § 5502. Conduct of Civilian Marksmanship Pro- poration to be known as the ‘‘Corporation for gram the Promotion of Rifle Practice and Firearms (a) Functions Safety’’ (in this chapter referred to as the ‘‘Cor- poration’’). The Corporation shall have responsibility for the overall supervision, oversight, and control of (b) Private, nonprofit status the Civilian Marksmanship Program, pursuant (1) The Corporation shall not be considered to to the transfer of the program under subsection be a department, agency, or instrumentality of (d) of this section, including the performance of the Federal Government. An officer or employee the following: of the Corporation shall not be considered to be (1) The instruction of citizens of the United an officer or employee of the Federal Govern- States in marksmanship. ment. (2) The promotion of practice and safety in (2) The Corporation shall be operated in a the use of firearms, including the conduct of manner and for purposes that qualify the Cor- matches and competitions in the use of those poration for exemption from taxation under sec- firearms. tion 501(a) of title 26 as an organization de- (3) The award to competitors of trophies, scribed in section 501(c)(3) of such title. prizes, badges, and other insignia. (c) Board of Directors (4) The provision of security and account- (1) The Corporation shall have a Board of Di- ability for all firearms, ammunition, and rectors consisting of not less than nine mem- other equipment under the custody and con- bers. trol of the Corporation. (2) The Board of Directors may adopt bylaws, (5) The issue, loan, or sale of firearms, am- policies, and procedures for the Corporation and munition, supplies, and appliances under sec- may take any other action that the Board of Di- tion 5504 of this title. rectors considers necessary for the management (6) The procurement of necessary supplies, and operation of the Corporation. appliances, clerical services, other related (3) Each member of the Board of Directors services, and labor to carry out the Civilian shall serve for a term of two years. Members of Marksmanship Program. the Board of Directors are eligible for reappoint- (b) Priority for youth activities ment. In carrying out the Civilian Marksmanship (4) A vacancy on the Board of Directors shall Program, the Corporation shall give priority to be filled by a majority vote of the remaining activities that benefit firearms safety, training, members of the Board. and competition for youth and that reach as (5) The Secretary of the Army shall appoint many youth participants as possible. the initial Board of Directors. Four of the members of the initial Board of Directors, to be des- (c) Access to surplus property ignated by the Secretary at the time of appoint- (1) The Corporation may obtain surplus prop- ment, shall (notwithstanding paragraph (3)) erty and supplies from the Defense Reutilization serve for a term of one year. Marketing Service to carry out the Civilian (d) Director of Civilian Marksmanship Marksmanship Program. (2) Any transfer of property and supplies to (1) The Board of Directors shall appoint an in- the Corporation under paragraph (1) shall be dividual to serve as the Director of Civilian made without cost to the Corporation. Marksmanship. (2) The Director shall be responsible for the (d) Transfer of Civilian Marksmanship Program performance of the daily operations of the Cor- to Corporation poration and the functions described in section (1) The Secretary of the Army shall provide 5502 of this title. for the transition of the Civilian Marksmanship Program, as defined in section 4308(e) of title 10 (Pub. L. 104–106, div. A, title XVI, § 1611, Feb. 10, (as such section was in effect on the day before 1996, 110 Stat. 515.) February 10, 1996), from conduct by the Depart- REFERENCES IN TEXT ment of the Army to conduct by the Corpora- This chapter, referred to in subsec. (a), was in the tion. The transition shall be completed not later original ‘‘this title’’ meaning title XVI of div. A of Pub. than September 30, 1996. Page 245 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 5505

(2) To carry out paragraph (1), the Secretary (4) Future Farmers of America. shall provide such assistance and take such ac- (5) Other youth-oriented organizations. tion as is necessary to maintain the viability of (b) Sales the program and to maintain the security of (1) The Corporation may sell at fair market firearms, ammunition, and other property that value caliber .22 rimfire and caliber .30 surplus are transferred or reserved for transfer to the rifles, caliber .22 and .30 ammunition, air rifles, Corporation under section 5505, 5506, or 5521 of repair parts, and accouterments to organiza- this title. tions affiliated with the Corporation that pro- (Pub. L. 104–106, div. A, title XVI, § 1612, Feb. 10, vide training in the use of firearms. 1996, 110 Stat. 516.) (2) Subject to subsection (e) of this section, the Corporation may sell at fair market value SECTION REFERRED TO IN OTHER SECTIONS caliber .22 rimfire and caliber .30 surplus rifles, This section is referred to in sections 5501, 5509, 5522, ammunition, targets, repair parts and accouter- 5523 of this title. ments, and other supplies and appliances nec- § 5503. Eligibility for participation in Civilian essary for target practice to citizens of the Marksmanship Program United States over 18 years of age who are members of a gun club affiliated with the Corpora- (a) Certification requirement tion. In addition to any other requirement, the (1) Before a person may participate in any ac- Corporation shall establish procedures to obtain tivity sponsored or supported by the Corpora- a criminal records check of the person with ap- tion, the person shall be required to certify by propriate Federal and State law enforcement affidavit the following: agencies. (A) The person has not been convicted of any (c) Limitations on sales Federal or State felony or violation of section (1) The Corporation may not offer for sale any 922 of title 18. repair part designed to convert any firearm to (B) The person is not a member of any orga- fire in a fully automatic mode. nization that advocates the violent overthrow (2) The Corporation may not sell rifles, ammu- of the United States Government. nition, or any other item available for sale to (2) The Director of Civilian Marksmanship individuals under the Civilian Marksmanship may require any person to attach to the person’s Program to a person who has been convicted of affidavit a certification from the appropriate a felony or a violation of section 922 of title 18. State or Federal law enforcement agency for (d) Oversight and accountability purposes of paragraph (1)(A). The Corporation shall be responsible for ensur- (b) Ineligibility resulting from certain convic- ing adequate oversight and accountability of all tions firearms issued or loaned under this section. The A person who has been convicted of a Federal Corporation shall prescribe procedures for the or State felony or a violation of section 922 of security of issued or loaned firearms in accord- title 18 shall not be eligible to participate in any ance with Federal, State, and local laws. activity sponsored or supported by the Corpora- (e) Applicability of other law tion through the Civilian Marksmanship Pro- (1) Subject to paragraph (2), sales under sub- gram. section (b)(2) of this section are subject to appli- (c) Authority to limit participation cable Federal, State, and local laws. The Director of Civilian Marksmanship may (2) Paragraphs (1), (2), (3), and (5) of section limit participation as necessary to ensure— 922(a) of title 18 do not apply to the shipment, (1) quality instruction in the use of firearms; transportation, receipt, transfer, sale, issuance, (2) the safety of participants; and loan, or delivery by the Corporation of any item (3) the security of firearms, ammunition, that the Corporation is authorized to issue, and equipment. loan, sell, or receive under this chapter. (Pub. L. 104–106, div. A, title XVI, § 1613, Feb. 10, (Pub. L. 104–106, div. A, title XVI, § 1614, Feb. 10, 1996, 110 Stat. 517.) 1996, 110 Stat. 517.) SECTION REFERRED TO IN OTHER SECTIONS § 5504. Issuance, loan, and sale of firearms and ammunition by Corporation This section is referred to in sections 5502, 5505 of this title. (a) Issuance and loan § 5505. Transfer of firearms and ammunition For purposes of training and competition, the from Army to Corporation Corporation may issue or loan, with or without charges to recover administrative costs, caliber (a) Transfers required .22 rimfire and caliber .30 surplus rifles, caliber The Secretary of the Army shall, in accord- .22 and .30 ammunition, air rifles, targets, and ance with subsection (b) of this section, transfer other supplies and appliances necessary for ac- to the Corporation all firearms and ammunition tivities related to the Civilian Marksmanship that on the day before February 10, 1996, are Program to the following: under the control of the Director of the Civilian (1) Organizations affiliated with the Cor- Marksmanship Program, including— poration that provide training in the use of (1) all firearms on loan to affiliated clubs firearms to youth. and State associations; (2) The Boy Scouts of America. (2) all firearms in the possession of the Civil- (3) 4–H Clubs. ian Marksmanship Support Detachment; and § 5506 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 246

(3) all M–1 Garand and caliber .22 rimfire ri- cility, or another storage facility designated by fles stored at Defense Distribution Depot, An- the Secretary of the Army, without cost to the niston, Anniston, Alabama. Corporation, until the firearms are issued, (b) Time for transfer loaned, or sold by, or otherwise transferred to, the Corporation. The Secretary shall transfer firearms and ammunition under subsection (a) of this section as (c) Limitation on demilitarization of M–1 rifles and when necessary to enable the Corporation— After February 10, 1996, the Secretary may not (1) to issue or loan such items in accordance demilitarize any M–1 Garand rifle in the inven- with section 5504(a) of this title; or tory of the Army unless that rifle is determined (2) to sell such items to purchasers in ac- by the Defense Logistics Agency to be unserv- cordance with section 5504(b) of this title. iceable. (c) Parts (d) Exception for transfers to Federal and State The Secretary may make available to the Cor- agencies for counterdrug purposes poration any part from a rifle designated to be The requirement specified in subsection (a) of demilitarized in the inventory of the Depart- this section does not supersede the authority ment of the Army. provided in section 1208 of the National Defense (d) Vesting of title in transferred items Authorization Act for Fiscal Years 1990 and 1991 (Public Law 101–189; 10 U.S.C. 372 note). Title to an item transferred to the Corpora- tion under this section shall vest in the Corpora- (Pub. L. 104–106, div. A, title XVI, § 1616, Feb. 10, tion— 1996, 110 Stat. 519; Pub. L. 104–201, div. A, title X, (1) upon the issuance of the item to a recipi- § 1073(c)(2), Sept. 23, 1996, 110 Stat. 2658.) ent eligible under section 5504(a) of this title AMENDMENTS to receive the item; or (2) immediately before the Corporation de- 1996—Subsec. (b). Pub. L. 104–201 substituted ‘‘Defense livers the item to a purchaser of the item in Distribution Depot, Anniston’’ for ‘‘Anniston Army Depot’’. accordance with a contract for a sale of the item that is authorized under section 5504(b) of SECTION REFERRED TO IN OTHER SECTIONS this title. This section is referred to in sections 5502, 5509 of this (e) Costs of transfers title. Any transfer of firearms, ammunition, or § 5507. Army logistical support for Program parts to the Corporation under this section shall be made without cost to the Corporation, except (a) Logistical support that the Corporation shall assume the cost of The Secretary of the Army shall provide logis- preparation and transportation of firearms and tical support to the Civilian Marksmanship Pro- ammunition transferred under this section. gram and for competitions and other activities (Pub. L. 104–106, div. A, title XVI, § 1615, Feb. 10, conducted by the Corporation. The Corporation 1996, 110 Stat. 518; Pub. L. 104–201, div. A, title X, shall reimburse the Secretary for incremental § 1073(c)(1), Sept. 23, 1996, 110 Stat. 2657.) direct costs incurred in providing such support. Such reimbursements shall be credited to the AMENDMENTS appropriations account of the Department of the 1996—Subsec. (a)(3). Pub. L. 104–201 substituted ‘‘De- Army that is charged to provide such support. fense Distribution Depot, Anniston’’ for ‘‘Anniston (b) Reserve component personnel Army Depot’’. The Secretary shall provide, without cost to SECTION REFERRED TO IN OTHER SECTIONS the Corporation, for the use of members of the This section is referred to in sections 5502, 5506, 5509, National Guard and Army Reserve to support 5521 of this title. the National Matches as part of the performance of annual training pursuant to titles 10 and 32. § 5506. Reservation by Army of firearms and am- (c) Use of Department of Defense facilities for munition for Corporation National Matches (a) Reservation of firearms and ammunition The National Matches may continue to be held The Secretary of the Army shall reserve for at those Department of Defense facilities at the Corporation the following: which the National Matches were held before (1) All firearms referred to in section 5505(a) February 10, 1996. of this title. (d) Regulations (2) Ammunition for such firearms. (3) All M–16 rifles used to support the small The Secretary shall prescribe regulations to arms firing school that are held by the Depart- carry out this section. ment of the Army on February 10, 1996. (Pub. L. 104–106, div. A, title XVI, § 1617, Feb. 10, (4) Any parts from, and accessories and ac- 1996, 110 Stat. 519.) couterments for, surplus caliber .30 and caliber .22 rimfire rifles. § 5508. General authorities of Corporation (b) Storage of firearms and ammunition (a) Donations and fees Firearms stored at Defense Distribution (1) The Corporation may solicit, accept, hold, Depot, Anniston, Anniston, Alabama, before use, and dispose of donations of money, prop- February 10, 1996, and used for the Civilian erty, and services received by gift, devise, be- Marksmanship Program shall remain at that fa- quest, or otherwise. Page 247 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 5521

(2) The Corporation may impose, collect, and (Pub. L. 104–106, div. A, title XVI, § 1619, Feb. 10, retain such fees as are reasonably necessary to 1996, 110 Stat. 520; Pub. L. 104–201, div. A, title X, cover the direct and indirect costs of the Cor- § 1073(c)(3), Sept. 23, 1996, 110 Stat. 2658.) poration to carry out the Civilian Marksman- AMENDMENTS ship Program. (3) Amounts collected by the Corporation 1996—Subsec. (a)(1). Pub. L. 104–201 substituted ‘‘De- under the authority of this subsection, including fense Distribution Depot, Anniston’’ for ‘‘Anniston Army Depot’’. the proceeds from the sale of firearms, ammunition, targets, and other supplies and appliances, SUBCHAPTER II—TRANSITIONAL may be used only to support the Civilian Marks- PROVISIONS manship Program. (b) Corporate seal § 5521. Transfer of funds and property to Cor- poration The Corporation may adopt, alter, and use a corporate seal, which shall be judicially noticed. (a) Funds (c) Contracts (1) On the date of the submission of a certification in accordance with section 5523 of this The Corporation may enter into contracts, title or, if earlier, October 1, 1996, the Secretary leases, agreements, or other transactions. of the Army shall transfer to the Corporation— (d) Obligations and expenditures (A) the amounts that are available to the The Corporation may determine the character National Board for the Promotion of Rifle of, and necessity for, its obligations and expend- Practice from sales programs and fees col- itures and the manner in which they shall be in- lected in connection with competitions spon- curred, allowed, and paid and may incur, allow, sored by the Board; and and pay such obligations and expenditures. (B) all funds that are in the nonappropriated (e) Related authority fund account known as the National Match Fund. The Corporation may take such other actions as are necessary or appropriate to carry out the (2) The funds transferred under paragraph authority provided in this section. (1)(A) shall be used to carry out the Civilian Marksmanship Program. (Pub. L. 104–106, div. A, title XVI, § 1618, Feb. 10, (3) Transfers under paragraph (1)(B) shall be 1996, 110 Stat. 520.) made without cost to the Corporation. § 5509. Distribution of corporate assets in event (b) Property of dissolution The Secretary of the Army shall, as soon as (a) Distribution practicable, transfer to the Corporation the fol- If the Corporation dissolves, then— lowing: (1) upon the dissolution of the Corporation, (1) All automated data equipment, all other title to all firearms stored at Defense Dis- office equipment, targets, target frames, vehi- tribution Depot, Anniston, Anniston, Ala- cles, and all other property under the control bama, on the date of the dissolution, all M–16 of the Director of Civilian Marksmanship and rifles that are transferred to the Corporation the Civilian Marksmanship Support Detach- under section 5505(a)(2) of this title, that are ment on the day before February 10, 1996 referred to in section 5506(a)(3) of this title, or (other than property to which section 5505(a) that are otherwise under the control of the of this title applies). Corporation, and all trophies received by the (2) Title to property under the control of the Corporation from the National Board for the National Match Fund on such day. Promotion of Rifle Practice as of such date, (3) All supplies and appliances under the shall vest in the Secretary of the Army, and control of the Director of the Civilian Marks- the Secretary shall have the immediate right manship Program on such day. to the possession of such items; (c) Offices (2) assets of the Corporation, other than as- The Corporation may use the office space of sets described in paragraph (1), may be distrib- the Office of the Director of Civilian Marksman- uted by the Corporation to an organization ship until the date on which the Secretary of the that— Army completes the transfer of the Civilian (A) is exempt from taxation under section Marksmanship Program to the Corporation. The 501(a) of title 26 as an organization described Corporation shall assume control of the leased in section 501(c)(3) of such title; and property occupied as of February 10, 1996, by the (B) performs functions similar to the func- Civilian Marksmanship Support Detachment, lo- tions described in section 5502(a) of this cated at the Erie Industrial Park, Port Clinton, title; and Ohio. (3) all assets of the Corporation that are not (d) Costs of transfers distributed pursuant to paragraphs (1) and (2) Any transfer of items to the Corporation shall be sold, and the proceeds from the sale of under this section shall be made without cost to such assets shall be deposited in the Treasury. the Corporation. (b) Prohibition (Pub. L. 104–106, div. A, title XVI, § 1621, Feb. 10, Assets of the Corporation that are distributed 1996, 110 Stat. 521.) pursuant to the authority of subsection (a) of this section may not be distributed to an indi- SECTION REFERRED TO IN OTHER SECTIONS vidual. This section is referred to in section 5502 of this title. § 5522 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 248

§ 5522. Continuation of eligibility for certain Sec. Civil Service benefits for former Federal em- (g) Nondiscrimination. 5609. Liability. ployees of Civilian Marksmanship Program 5610. Maintenance and inspection of books and (a) Continuation of eligibility records. (a) Books and records of account. Notwithstanding any other provision of law, a (b) Names and addresses of members. Federal employee who is employed by the De- (c) Right to inspect books and records. partment of Defense to support the Civilian (d) Application of State law. Marksmanship Program as of the day before the 5611. Annual report. date of the transfer of the Program to the Cor- 5612. Reservation of right to alter, amend, or repeal chapter. poration and is offered employment by the Cor- 5613. Tax-exempt status required as condition of poration as part of the transition described in charter. section 5502(d) of this title may, if the employee 5614. Termination. becomes employed by the Corporation, continue 5615. ‘‘State’’ defined. to be eligible during continuous employment § 5601. Recognition and grant of Federal charter with the Corporation for the Federal health, re- tirement, and similar benefits (including life in- The Fleet Reserve Association, a nonprofit surance) for which the employee would have corporation organized under the laws of the been eligible had the employee continued to be State of Delaware, is recognized as such and employed by the Department of Defense. The granted a Federal charter. employer’s contribution for such benefits shall (Pub. L. 104–201, div. A, title XVIII, § 1801, Sept. be paid by the Corporation. 23, 1996, 110 Stat. 2760.) (b) Regulations § 5602. Powers The Director of the Office of Personnel Man- agement shall prescribe regulations to carry out The Fleet Reserve Association (in this chapter subsection (a) of this section. referred to as the ‘‘association’’) shall have only those powers granted to it through its bylaws (Pub. L. 104–106, div. A, title XVI, § 1622, Feb. 10, and articles of incorporation filed in the State 1996, 110 Stat. 521.) of Delaware and subject to the laws of that § 5523. Certification of completion of transition State. (a) Certification requirement (Pub. L. 104–201, div. A, title XVIII, § 1802, Sept. 23, 1996, 110 Stat. 2760.) Upon completion of the appointment of the Board of Directors for the Corporation under § 5603. Purposes section 5501(c)(5) of this title and of the transition required under section 5502(d) of this title, The purposes of the association are those pro- the Secretary of the Army shall submit to the vided in its bylaws and articles of incorporation Committee on Armed Services of the Senate and and shall include the following: (1) Upholding and defending the Constitution the Committee on National Security of the of the United States. House of Representatives a certification of the (2) Aiding and maintaining an adequate completion of such actions. naval defense for the United States. (b) Publication of certification (3) Assisting the recruitment of the best per- The Secretary shall take such actions as are sonnel available for the United States Navy, necessary to ensure that the certification is United States Marine Corps, and United States published in the Federal Register promptly after Coast Guard. the submission of the certification under sub- (4) Providing for the welfare of the personnel section (a) of this section. who serve in the United States Navy, United States Marine Corps, and United States Coast (Pub. L. 104–106, div. A, title XVI, § 1623, Feb. 10, Guard. 1996, 110 Stat. 522.) (5) Continuing to serve loyally the United SECTION REFERRED TO IN OTHER SECTIONS States Navy, United States Marine Corps, and United States Coast Guard. This section is referred to in section 5521 of this title. (6) Preserving the spirit of shipmanship by CHAPTER 88—FLEET RESERVE ASSOCIATION providing assistance to shipmates and their families. Sec. (7) Instilling love of the United States and 5601. Recognition and grant of Federal charter. the flag and promoting soundness of mind and 5602. Powers. 5603. Purposes. body in the youth of the United States. 5604. Service of process. (Pub. L. 104–201, div. A, title XVIII, § 1803, Sept. 5605. Membership. 23, 1996, 110 Stat. 2760.) 5606. Board of directors. 5607. Officers. § 5604. Service of process 5608. Restrictions. (a) Income and compensation. With respect to service of process, the associa- (b) Loans. tion shall comply with the laws of the State of (c) Issuance of stock and payment of Delaware and those States in which it carries on dividends. its activities in furtherance of its corporate pur- (d) Disclaimer of congressional or Fed- poses. eral approval. (e) Corporate status. (Pub. L. 104–201, div. A, title XVIII, § 1804, Sept. (f) Corporate function. 23, 1996, 110 Stat. 2761.) Page 249 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 5611

§ 5605. Membership (g) Nondiscrimination Except as provided in section 5608(g) of this In establishing the conditions of membership title, eligibility for membership in the associa- in the association and in determining the re- tion and the rights and privileges of members quirements for serving on the board of directors shall be as provided in the bylaws and articles of or as an officer of the association, the associa- incorporation of the association. tion may not discriminate on the basis of race, color, religion, sex, handicap, age, or national (Pub. L. 104–201, div. A, title XVIII, § 1805, Sept. origin. 23, 1996, 110 Stat. 2761.) (Pub. L. 104–201, div. A, title XVIII, § 1808, Sept. § 5606. Board of directors 23, 1996, 110 Stat. 2761.)

Except as provided in section 5608(g) of this SECTION REFERRED TO IN OTHER SECTIONS title, the composition of the board of directors This section is referred to in sections 5605, 5606, 5607 of the association and the responsibilities of the of this title. board shall be as provided in the bylaws and articles of incorporation of the association and in § 5609. Liability conformity with the laws of the State of Dela- The association shall be liable for the acts of ware. its officers, directors, employees, and agents (Pub. L. 104–201, div. A, title XVIII, § 1806, Sept. whenever such individuals act within the scope 23, 1996, 110 Stat. 2761.) of their authority. § 5607. Officers (Pub. L. 104–201, div. A, title XVIII, § 1809, Sept. 23, 1996, 110 Stat. 2762.) Except as provided in section 5608(g) of this title, the positions of officers of the association § 5610. Maintenance and inspection of books and and the election of members to such positions records shall be as provided in the bylaws and articles of (a) Books and records of account incorporation of the association and in conformity with the laws of the State of Delaware. The association shall keep correct and complete books and records of account and minutes (Pub. L. 104–201, div. A, title XVIII, § 1807, Sept. of any proceeding of the association involving 23, 1996, 110 Stat. 2761.) any of its members, the board of directors, or any committee having authority under the § 5608. Restrictions board of directors. (a) Income and compensation (b) Names and addresses of members No part of the income or assets of the associa- The association shall keep at its principal of- tion may inure to the benefit of any member, office a record of the names and addresses of all ficer, or director of the association or be distrib- members having the right to vote in any pro- uted to any such individual during the life of ceeding of the association. this charter. Nothing in this subsection may be construed to prevent the payment of reasonable (c) Right to inspect books and records compensation to the officers and employees of All books and records of the association may the association or reimbursement for actual and be inspected by any member having the right to necessary expenses in amounts approved by the vote in any proceeding of the association, or by board of directors. any agent or attorney of such member, for any (b) Loans proper purpose at any reasonable time. The association may not make any loan to (d) Application of State law any member, officer, director, or employee of This section may not be construed to con- the association. travene any applicable State law. (c) Issuance of stock and payment of dividends (Pub. L. 104–201, div. A, title XVIII, § 1810, Sept. The association may not issue any shares of 23, 1996, 110 Stat. 2762.) stock or declare or pay any dividends. § 5611. Annual report (d) Disclaimer of congressional or Federal approval The association shall annually submit to Con- gress a report concerning the activities of the The association may not claim the approval of association during the preceding fiscal year. The the Congress or the authorization of the Federal annual report shall be submitted on the same Government for any of its activities by virtue of date as the report of the audit required by rea- this chapter. son of the amendment made in section 1101(77) of (e) Corporate status this title. The annual report shall not be printed The association shall maintain its status as a as a public document. corporation organized and incorporated under (Pub. L. 104–201, div. A, title XVIII, § 1812, Sept. the laws of the State of Delaware. 23, 1996, 110 Stat. 2762.)

(f) Corporate function REFERENCES IN TEXT The association shall function as an edu- Section 1101(77) of this title, referred to in text, was cational, patriotic, civic, historical, and rein the original ‘‘section 1811’’, meaning section 1811 of search organization under the laws of the State Pub. L. 104–201, which amended section 1101 of this title of Delaware. to include the Fleet Reserve Association within the § 5612 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 250 definition of ‘‘private corporations established under ferred to as the ‘‘Foundation’’). The Foundation Federal law’’. Section 1103 of this title requires a report is a charitable and nonprofit corporation and is to Congress on the annual audit of private corporations not an agency or establishment of the United established under Federal law. States. § 5612. Reservation of right to alter, amend, or (b) Purposes repeal chapter The purposes of the Foundation are— The right to alter, amend, or repeal this chap- (1) to encourage, accept, and administer pri- ter is expressly reserved to Congress. vate gifts to promote and ensure the preserva- (Pub. L. 104–201, div. A, title XVIII, § 1813, Sept. tion and public accessibility of the nation’s 23, 1996, 110 Stat. 2762.) film heritage held at the Library of Congress and other public and nonprofit archives § 5613. Tax-exempt status required as condition throughout the United States; of charter (2) to further the goals of the Library of Con- gress and the National Film Preservation If the association fails to maintain its status Board in connection with their activities as an organization exempt from taxation as pro- under the National Film Preservation Act of vided in title 26 the charter granted in this 1996 [2 U.S.C. 179l et seq.]; and chapter shall terminate. (3) to undertake and conduct other activi- (Pub. L. 104–201, div. A, title XVIII, § 1814, Sept. ties, alone or in cooperation with other film 23, 1996, 110 Stat. 2762.) related institutions and organizations, as will further the preservation and public accessibil- § 5614. Termination ity of films made in the United States, par- The charter granted in this chapter shall ex- ticularly those not protected by private inter- pire if the association fails to comply with any ests, for the benefit of present and future gen- of the provisions of this chapter. erations of Americans. (Pub. L. 104–201, div. A, title XVIII, § 1815, Sept. (Pub. L. 104–285, title II, § 202, Oct. 11, 1996, 110 23, 1996, 110 Stat. 2762.) Stat. 3382.)

§ 5615. ‘‘State’’ defined REFERENCES IN TEXT For purposes of this chapter, the term ‘‘State’’ The National Film Preservation Act of 1996, referred includes the District of Columbia, the Common- to in subsec. (b)(2), is title I of Pub. L. 104–285, Oct. 11, wealth of Puerto Rico, the Commonwealth of 1996, 110 Stat. 3377, which is classified principally to section 179l et seq. of Title 2, The Congress. For com- the Northern Mariana Islands, and the terri- plete classification of this Act to the Code, see Short tories and possessions of the United States. Title note set out under section 179l of Title 2 and (Pub. L. 104–201, div. A, title XVIII, § 1816, Sept. Tables. 23, 1996, 110 Stat. 2762.) SHORT TITLE CHAPTER 89—NATIONAL FILM Section 201 of title II of Pub. L. 104–285 provided that: PRESERVATION FOUNDATION ‘‘This title [enacting this chapter] may be cited as the ‘National Film Preservation Foundation Act’.’’ Sec. 5701. Establishment and purpose of Foundation. SECTION REFERRED TO IN OTHER SECTIONS (a) Establishment. This section is referred to in sections 5703, 5706 of this (b) Purposes. title. 5702. Board of Directors of Foundation. (a) Establishment and membership. (b) Appointment and terms. § 5702. Board of Directors of Foundation (c) Chair. (a) Establishment and membership (d) Quorum. (e) Meetings. The Foundation shall have a governing Board (f) Reimbursement of expenses. of Directors (hereafter in this chapter referred (g) General powers. to as the ‘‘Board’’), which shall consist of 9 Di- 5703. Rights and obligations of Foundation. rectors, each of whom shall be a United States (a) General. (b) Seal. citizen and at least 6 of whom must be knowl- (c) Powers. edgeable or experienced in film production, dis- 5704. Administrative services and support. tribution, preservation, or restoration, includ- 5705. Volunteer status. ing 2 who shall be sitting members of the Na- 5706. Audits, report requirements, and petition of tional Film Preservation Board. These 6 mem- Attorney General, for equitable relief. bers of the Board shall, to the extent prac- (a) Audits. ticable, represent diverse points of views from (b) Report. (c) Relief with respect to certain Founda- the film community, including motion picture tion acts or failure to act. producers, creative artists, nonprofit and public 5707. United States release from liability. archivists, historians, film critics, theater own- 5708. Authorization of appropriations. ers, and laboratory and university personnel. (a) Authorization. The Librarian of Congress (hereafter in this (b) Administrative expenses. chapter referred to as the ‘‘Librarian’’) shall be § 5701. Establishment and purpose of Foundation an ex officio nonvoting member of the Board. Appointment to the Board shall not constitute (a) Establishment employment by, or the holding of an office of, There is established the National Film Preser- the United States for the purpose of any Federal vation Foundation (hereafter in this chapter re- law. Page 251 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 5703

(b) Appointment and terms of the Foundation, including the Secretary Within 90 days after October 11, 1996, the Li- of the Board, shall be construed to be em- brarian shall appoint the Directors of the Board. ployees of the Library of Congress. Each Director shall be appointed for a term of 4 (B) The first employee appointed shall be years. A vacancy on the Board shall be filled, the Secretary of the Board. The Secretary within 60 days after the vacancy occurs, in the shall be appointed, and may be removed by, manner in which the original appointment was the Librarian. made. No individual may serve more than 2 con- (C) The Secretary of the Board shall— secutive terms as a Director. (i) serve as its executive director, and (ii) be knowledgeable and experienced in (c) Chair matters relating to film preservation and The initial Chair shall be appointed by the Li- restoration activities, financial manage- brarian from the membership of the Board for a ment, and fund-raising. 2-year term, and thereafter shall be appointed (Pub. L. 104–285, title II, § 203, Oct. 11, 1996, 110 and removed in accordance with the Founda- Stat. 3383.) tion’s bylaws. REFERENCES IN TEXT (d) Quorum The provisions of title 5 governing appointments in A majority of the current membership of the the competitive service, referred to in subsec. (g)(2)(A), Board shall constitute a quorum for the trans- are classified generally to section 3301 et seq. of Title action of business. 5, Government Organization and Employees. (e) Meetings The General Schedule, referred to in subsec. (g)(2)(A), is set out under section 5332 of Title 5. The Board shall meet at the call of the Librar- ian or the Chair at least once a year. If a Direc- SECTION REFERRED TO IN OTHER SECTIONS tor misses 3 consecutive regularly scheduled This section is referred to in section 5704 of this title; meetings, that individual may be removed from title 2 section 179o. the Board by the Librarian, and that vacancy § 5703. Rights and obligations of Foundation shall be filled in accordance with subsection (b) of this section. (a) General (f) Reimbursement of expenses The Foundation— (1) shall have perpetual succession; Members of the Board shall serve without pay, (2) may conduct business in the several but may be reimbursed for the actual and nec- States, the District of Columbia, and any com- essary traveling and subsistence expenses in- monwealth, territory, or possession of the curred by them in the performance of the duties United States; of the Foundation. (3) shall have its principal offices in the Dis- (g) General powers trict of Columbia; and (1) Organization of Foundation (4) shall at all times maintain a designated agent authorized to accept service of process The Board may complete the organization of for the Foundation. the Foundation by— (A) appointing, removing, and replacing of- The serving of notice to, or service of process ficers, except as provided for in paragraph upon, the agent required under paragraph (4), or (2)(B); mailed to the business address of such agent, (B) adopting a constitution and bylaws shall be deemed as service upon or notice to the consistent with the purposes of the Founda- Foundation. tion and the provisions of this chapter; and (b) Seal (C) undertaking such other acts as may be The Foundation shall have an official seal se- necessary to carry out the provisions of this lected by the Board which shall be judicially no- chapter. ticed. (2) Limitation on appointment of employees (c) Powers The following limitations apply with respect To carry out its purposes under section 5701 of to the appointment of employees of the Foun- this title, the Foundation shall have, in addition dation: to the powers otherwise given it under this (A) Except as provided in subparagraph chapter, the usual powers of a corporation act- (B), employees of the Foundation shall be ing as a trustee in the District of Columbia, in- appointed, removed, and replaced by the cluding the power— Secretary of the Board. All employees (in- (1) to accept, receive, solicit, hold, admin- cluding the Secretary of the Board) shall be ister, and use any gift, devise, or bequest, ei- appointed and removed without regard to ther absolutely or in trust, of real or personal the provisions of title 5 governing appoint- property or any income therefrom or other in- ments in the competitive service, and may terest therein; be paid without regard to the provisions of (2) to acquire by purchase or exchange any chapter 51 and subchapter III of chapter 53 of real or personal property or interest therein; such title relating to classification and Gen- (3) unless otherwise required by the instru- eral Schedule pay rates, except that no indi- ment of transfer, to sell, donate, lease, invest, vidual so appointed may receive pay in ex- reinvest, retain, or otherwise dispose of any cess of the annual rate of basic pay in effect property or income therefrom; for grade GS–15 of the General Schedule. (4) to borrow money and issue bonds, deben- Neither the Board, nor any of the employees tures, or other debt instruments; § 5704 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 252

(5) to sue and be sued, and complain and de- Congress a report of its proceedings and activi- fend itself in any court of competent jurisdic- ties during such year, including a full and com- tion, except that the Directors of the Board plete statement of its receipts, expenditures, shall not be personally liable, except for gross and investments. negligence; (c) Relief with respect to certain Foundation acts (6) to enter into contracts or other arrange- or failure to act ments with public agencies and private organizations and persons and to make such pay- If the Foundation— ments as may be necessary to carry out its (1) engages in, or threatens to engage in, any functions; and act, practice, or policy that is inconsistent (7) to do any and all acts necessary and prop- with its purposes set forth in section 5701(b) of er to carry out the purposes of the Founda- this title, or tion. (2) refuses, fails, or neglects to discharge its obligations under this chapter, or threatens to A gift, devise, or bequest may be accepted by the do so, Foundation even though it is encumbered, restricted, or subject to beneficial interests of pri- the Attorney General of the United States may vate persons, if any current or future interest file a petition in the United States District therein is for the benefit of the Foundation. Court for the District of Columbia for such equitable relief as may be necessary or appropriate. (Pub. L. 104–285, title II, § 204, Oct. 11, 1996, 110 Stat. 3384.) (Pub. L. 104–285, title II, § 207, Oct. 11, 1996, 110 Stat. 3385.) § 5704. Administrative services and support REFERENCES IN TEXT The Librarian may provide personnel, facili- The Act entitled ‘‘An Act to provide for audit of ac- ties, and other administrative services to the counts of private corporations established under Fed- Foundation, including reimbursement of ex- eral law.’’, referred to in subsec. (a), is Pub. L. 88–504, penses under section 5702 of this title, not to ex- Aug. 30, 1964, 78 Stat. 635, as amended, which is classi- ceed the current per diem rates for the Federal fied principally to chapter 42 (§ 1101 et seq.) of this title. Government, and the Foundation shall reim- For complete classification of this Act to the Code, see Tables. burse the Librarian therefor. Amounts so reimbursed shall be deposited in the Treasury to the § 5707. United States release from liability credit of the appropriations then current and chargeable for the cost of providing such serv- The United States shall not be liable for any ices. debts, defaults, acts, or omissions of the Foun- dation, nor shall the full faith and credit of the (Pub. L. 104–285, title II, § 205, Oct. 11, 1996, 110 United States extend to any obligation of the Stat. 3385.) Foundation. § 5705. Volunteer status (Pub. L. 104–285, title II, § 208, Oct. 11, 1996, 110 Stat. 3386.) The Librarian may accept, without regard to the civil service classification laws, rules, or § 5708. Authorization of appropriations regulations, the services of the Foundation, the Board, and other officers and employees of the (a) Authorization Board, without compensation from the Library There are authorized to be appropriated to the of Congress, as volunteers in the performance of Library of Congress such sums as may be nec- the functions authorized in this chapter. essary to carry out the purposes of this chapter, (Pub. L. 104–285, title II, § 206, Oct. 11, 1996, 110 not to exceed $250,000 for each of the fiscal years Stat. 3385.) 2000 through 2003, to be made available to the Foundation to match private contributions REFERENCES IN TEXT (whether in currency, services, or property) The civil service classification laws, referred to in made to the Foundation by private persons and text, probably should refer to civil service and classi- State and local governments. fication laws. The civil service laws are set forth in (b) Administrative expenses Title 5, Government Organization and Employees. See, particularly, section 3301 et seq. of Title 5. The classi- No Federal funds authorized under this section fication laws are set forth in chapter 51 and subchapter may be used by the Foundation for administra- III of chapter 53 of Title 5. tive expenses of the Foundation, including for salaries, travel, and transportation expenses, § 5706. Audits, report requirements, and petition and other overhead expenses. of Attorney General, for equitable relief (Pub. L. 104–285, title II, § 209, Oct. 11, 1996, 110 (a) Audits Stat. 3386.) The Foundation shall be treated as a private corporation established under Federal law for CHAPTER 90—FEDERAL CHARTER FOR THE purposes of the Act entitled ‘‘An Act to provide AIR FORCE SERGEANTS ASSOCIATION for audit of accounts of private corporations es- Sec. tablished under Federal law.’’, approved August 5801. Recognition and grant of Federal charter. 30, 1964 (36 U.S.C. 1101–1103). 5802. Powers. (b) Report 5803. Purposes. 5804. Service of process. The Foundation shall, as soon as practicable 5805. Membership. after the end of each fiscal year, transmit to the 5806. Board of directors. Page 253 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 5808

Sec. (7) To assemble together for social activi- 5807. Officers. ties. 5808. Restrictions. (8) To maintain an adequate Air Force for (a) Income and compensation. our beloved country. (b) Loans. (c) Issuance of stock and payment of (9) To foster among the members of the asso- dividends. ciation a devotion to fellow airmen. (d) Disclaimer of congressional or Fed- (10) To serve the United States and the eral approval. United States Air Force loyally, and to do all (e) Corporate status. else necessary to uphold and defend the Con- (f) Corporate function. stitution of the United States. (g) Nondiscrimination. 5809. Liability. (Pub. L. 105–85, div. A, title XV, § 1503, Nov. 18, 5810. Maintenance and inspection of books and 1997, 111 Stat. 1963.) records. (a) Books and records of account. § 5804. Service of process (b) Names and addresses of members. With respect to service of process, the associa- (c) Right to inspect books and records. tion shall comply with the laws of the District (d) Application of State law. of Columbia and those States in which it carries 5811. Annual report. 5812. Reservation of right to alter, amend, or re- on its activities in furtherance of its corporate peal charter. purposes. 5813. Tax-exempt status required as condition of (Pub. L. 105–85, div. A, title XV, § 1504, Nov. 18, charter. 1997, 111 Stat. 1964.) 5814. Termination. 5815. ‘‘State’’ defined. § 5805. Membership § 5801. Recognition and grant of Federal charter Except as provided in section 5808(g) of this title, eligibility for membership in the associa- The Air Force Sergeants Association, a non- tion and the rights and privileges of members profit corporation organized under the laws of shall be as provided in the bylaws and articles of the District of Columbia, is recognized as such incorporation of the association. and granted a Federal charter. (Pub. L. 105–85, div. A, title XV, § 1505, Nov. 18, (Pub. L. 105–85, div. A, title XV, § 1501, Nov. 18, 1997, 111 Stat. 1964.) 1997, 111 Stat. 1963.) § 5806. Board of directors § 5802. Powers Except as provided in section 5808(g) of this The Air Force Sergeants Association (in this title, the composition of the board of directors chapter referred to as the ‘‘association’’) shall of the association and the responsibilities of the have only those powers granted to it through its board shall be as provided in the bylaws and ar- bylaws and articles of incorporation filed in the ticles of incorporation of the association and in District of Columbia and subject to the laws of conformity with the laws of the District of Co- the District of Columbia. lumbia. (Pub. L. 105–85, div. A, title XV, § 1502, Nov. 18, (Pub. L. 105–85, div. A, title XV, § 1506, Nov. 18, 1997, 111 Stat. 1963.) 1997, 111 Stat. 1964.) § 5803. Purposes § 5807. Officers The purposes of the association are those pro- Except as provided in section 5808(g) of this vided in its bylaws and articles of incorporation title, the positions of officers of the association and shall include the following: and the election of members to such positions (1) To help maintain a highly dedicated and shall be as provided in the bylaws and articles of professional corps of enlisted personnel within incorporation of the association and in conform- the United States Air Force, including the ity with the laws of the District of Columbia. United States Air Force Reserve, and the Air (Pub. L. 105–85, div. A, title XV, § 1507, Nov. 18, National Guard. 1997, 111 Stat. 1964.) (2) To support fair and equitable legislation and Department of the Air Force policies and § 5808. Restrictions to influence by lawful means departmental (a) Income and compensation plans, programs, policies, and legislative pro- posals that affect enlisted personnel of the No part of the income or assets of the associa- Regular Air Force, the Air Force Reserve, and tion may inure to the benefit of any member, of- the Air National Guard, its retirees, and other ficer, or director of the association or be distrib- veterans of enlisted service in the Air Force. uted to any such individual during the life of (3) To actively publicize the roles of enlisted this charter. Nothing in this subsection may be personnel in the United States Air Force. construed to prevent the payment of reasonable (4) To participate in civil and military ac- compensation to the officers and employees of tivities, youth programs, and fundraising cam- the association or reimbursement for actual and paigns that benefit the United States Air necessary expenses in amounts approved by the Force. board of directors. (5) To provide for the mutual welfare of (b) Loans members of the association and their families. The association may not make any loan to (6) To assist in recruiting for the United any member, officer, director, or employee of States Air Force. the association. § 5809 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 254

(c) Issuance of stock and payment of dividends any agent or attorney of such member, for any The association may not issue any shares of proper purpose at any reasonable time. stock or declare or pay any dividends. (d) Application of State law (d) Disclaimer of congressional or Federal ap- This section may not be construed to con- proval travene any applicable State law. The association may not claim the approval of (Pub. L. 105–85, div. A, title XV, § 1510, Nov. 18, the Congress or the authorization of the Federal 1997, 111 Stat. 1965.) Government for any of its activities by virtue of this chapter. § 5811. Annual report (e) Corporate status The association shall annually submit to Con- The association shall maintain its status as a gress a report concerning the activities of the corporation organized and incorporated under association during the preceding fiscal year. The the laws of the District of Columbia. annual report shall be submitted on the same date as the report of the audit required by rea- (f) Corporate function son of section 1101 of this title. The annual re- The association shall function as an edu- port shall not be printed as a public document. cational, patriotic, civic, historical, and research organization under the laws of the Dis- (Pub. L. 105–85, div. A, title XV, § 1512, Nov. 18, trict of Columbia. 1997, 111 Stat. 1965.) (g) Nondiscrimination REFERENCES IN TEXT In establishing the conditions of membership Section 1101 of this title, referred to in text, was in in the association and in determining the re- the original ‘‘the amendment made in section 1511’’, quirements for serving on the board of directors meaning section 1511 of Pub. L. 105–85 which amended section 1101 of this title to include the Air Force Ser- or as an officer of the association, the associa- geants Association within the definition of ‘‘private tion may not discriminate on the basis of race, corporations established under Federal law’’. Section color, religion, sex, handicap, age, or national 1103 of this title requires a report to Congress on the origin. annual audit of private corporations established under Federal law. (Pub. L. 105–85, div. A, title XV, § 1508, Nov. 18, 1997, 111 Stat. 1964.) § 5812. Reservation of right to alter, amend, or SECTION REFERRED TO IN OTHER SECTIONS repeal chapter This section is referred to in sections 5805, 5806, 5807 The right to alter, amend, or repeal this chap- of this title. ter is expressly reserved to Congress.

§ 5809. Liability (Pub. L. 105–85, div. A, title XV, § 1513, Nov. 18, 1997, 111 Stat. 1966.) The association shall be liable for the acts of its officers, directors, employees, and agents § 5813. Tax-exempt status required as condition whenever such individuals act within the scope of charter of their authority. If the association fails to maintain its status (Pub. L. 105–85, div. A, title XV, § 1509, Nov. 18, as an organization exempt from taxation as pro- 1997, 111 Stat. 1965.) vided in title 26 the charter granted in this chapter shall terminate. § 5810. Maintenance and inspection of books and records (Pub. L. 105–85, div. A, title XV, § 1514, Nov. 18, 1997, 111 Stat. 1966.) (a) Books and records of account The association shall keep correct and com- § 5814. Termination plete books and records of account and minutes The charter granted in this chapter shall ex- of any proceeding of the association involving pire if the association fails to comply with any any of its members, the board of directors, or of the provisions of this chapter. any committee having authority under the board of directors. (Pub. L. 105–85, div. A, title XV, § 1515, Nov. 18, 1997, 111 Stat. 1966.) (b) Names and addresses of members The association shall keep at its principal of- § 5815. ‘‘State’’ defined fice a record of the names and addresses of all For purposes of this chapter, the term ‘‘State’’ members having the right to vote in any pro- includes the District of Columbia, the Common- ceeding of the association. wealth of Puerto Rico, the Commonwealth of (c) Right to inspect books and records the Northern Mariana Islands, and the terri- All books and records of the association may tories and possessions of the United States. be inspected by any member having the right to (Pub. L. 105–85, div. A, title XV, § 1516, Nov. 18, vote in any proceeding of the association, or by 1997, 111 Stat. 1966.)