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 Girl Scouts of America ...... 31 [Omitted or Repealed] ...... 741 3.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

Page 1 § 1 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 2

Chap. Sec. Sec. 62. 369th Veterans’ Association ...... 3001 10 to 12. Repealed. 63. Women’s Army Corps Veterans’ As- 13. Permanent building at headquarters in Wash- sociation ...... 3101 ington, D.C. 64. American Chemical Society ...... 3201 14. Omitted. 15. Memorial building to Women of World War I; 65. The American National Theater expenditures; supervision. and Academy ...... 3301 16. Exchange of Government-owned cotton for 66. American Symphony Orchestra articles containing wool. League ...... 3401 17 to 17b. Repealed. 67. General Federation of Women’s Clubs ...... 3501 CROSS REFERENCES 68. Pearl Harbor Survivors Associa- Operation of American Red Cross vessels under Neu- tion ...... 3601 trality Act of 1939, see section 444 of Title 22, Foreign 69. Daughters of Union Veterans of the Relations and Intercourse. Civil War 1861–1865 ...... 3701 CHAPTER REFERRED TO IN OTHER SECTIONS 70. Vietnam Veterans of America, Inc. 3801 71. Army and Navy Union of the This chapter is referred to in title 42 section 5143. United States of America ...... 3901 § 1. Corporation created 72. Non Commissioned Officers Asso- ciation of the United States of Clara Barton, Hilary A. Herbert, Thomas F. America, Inc...... 4001 Walsh, Charles C. Glover, Charles J. Bell, Mabel 73. National Mining Hall of Fame and T. Boardman, George Dewey, William R. Day, Museum ...... 4101 Nelson A. Miles, James Tanner, William K. Van 74. American Academy of Arts and Reypen, John M. Wilson, Simon Wolf, James R. Letters ...... 4201 Garfield, Gifford Pinchot, S. W. Woodward, Mary 75. Aviation Hall of Fame ...... 4301 A. Logan, Walter Wyman, of Washington, Dis- 76. Frederick Douglass Memorial and trict of Columbia; George H. Shields, of Mis- Historical Association ...... 4401 souri; William H. Taft, F. B. Loomis, Samuel 77. National Council on Radiation Pro- Mather, of Ohio; Spencer Trask, Robert C. tection and Measurements ...... 4501 Ogden, Cleveland H. Dodge, George C. Boldt, 78. National Tropical Botanical Gar- William T. Wardwell, John G. Carlisle, George den ...... 4601 B. McClellan, Elizabeth Mills Reid, Margaret 79. Theodore Roosevelt Association ..... 4701 Carnegie, of New York; John H. Converse, Alex- 80. 82nd Airborne Division Associa- ander Mackay-Smith, J. Wilkes O’Neill, H. tion, Inc...... 4801 Kirke Porter, of Pennsylvania; Richard Olney, 81. American Hospital of Paris ...... 4901 W. Murray Crane, Henry L. Higginson, William 82. Military Order of the World Wars ... 5001 Draper, Frederick H. Gillett, of Massachusetts; 83. Retired Enlisted Association, In- Marshall Field, Robert T. Lincoln, Lambert corporated ...... 5101 Tree, of Illinois; A. G. Kaufman, of South Caro- 84. National Fallen Firefighters Foun- lina; Alexander W. Terrell, of Texas; George dation ...... 5201 Gray, of Delaware; Redfield Proctor, of Ver- 85. National Education Association of mont; John W. Foster, Noble C. Butler, Robert the United States ...... 5301 W. Miers, of Indiana; John Sharp Williams, of 86. Society of American Florists and Mississippi; William Alden Smith, of Michigan; Ornamental Horticulturists ...... 5401 Horace Davis, W. W. Morrow, of California; Dan- 87. Corporation for the Promotion of iel C. Gilman, Eugene Lovering, of Maryland; J. Rifle Practice and Firearms Safe- Taylor Ellyson, of Virginia; Daniel R. Noyes, of ty ...... 5501 Minnesota; Emanuel Fiske, Marshall Fiske, of 88. Fleet Reserve Association ...... 5601 Connecticut, together with five other persons to 89. National Film Preservation Foun- be named by the President of the United States, dation ...... 5701 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. 1a. Continuation of corporation. (Jan. 5, 1905, ch. 23, § 1, 33 Stat. 599; July 26, 1947, 2. Name and powers of corporation. ch. 343, title II, § 205(a), 61 Stat. 501.) 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 9. Endowment fund. employed in hospitals and in according relief to the Page 3 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 3 sick and wounded and supplies for this purpose shall be § 2. Name and powers of corporation deemed neutral and entitled to protection; and that a distinctive and uniform flag shall be adopted for hos- The name of this corporation shall be ‘‘The pitals and ambulances and convoys of sick and wounded American National Red Cross’’, and by that and an arm badge for individuals neutralized; and name it shall have perpetual succession, with ‘‘Whereas the said treaty has been revised and ex- the power to sue and be sued in courts of law tended by a treaty or convention for the amelioration and equity, State or Federal, within the juris- of the condition of the wounded and the sick of armies diction of the United States; to have and to hold in the field, signed at Geneva, July 27, 1929, and adhered such real and personal estate as shall be deemed to by the United States of America, effective August 8, 1932; and advisable and to dispose of the same, to accept ‘‘Whereas the International Conference of Geneva of gifts, devises, and bequests of real and personal eighteen hundred and sixty-three recommended ‘that estate for the purposes of this corporation here- there exist in every country a committee whose mis- inafter set forth; to adopt a seal and the same to sion consists in cooperating in times of war with the alter and destroy at pleasure; and to have the hospital service of the armies by all means in its right to have and to use, in carrying out its pur- power;’ and poses hereinafter designated, as an emblem and ‘‘Whereas a permanent organization is an agency badge, a Greek red cross on a white ground, as needed in every nation to carry out the purposes of said the same has been described in the treaties of treaties, and especially to secure supplies and to exe- cute the humane objects contemplated by said treaties, Geneva, August twenty-second, eighteen hun- with the power to adopt and use the distinctive flag dred and sixty-four and July twenty-seventh, and arm badge specified by said treaties, on which shall nineteen hundred and twenty-nine, and adopted be the sign of the Red Cross, for the purpose of cooper- by the several nations acceding thereto; to or- ating with the ‘Comite´ International de Secours aux dain and establish bylaws and regulations not Militaires Blesse´s’ (International Committee of Relief inconsistent with the laws of the United States for the Wounded in War); and of America or any State thereof, and generally ‘‘Whereas in accordance with the requirements and to do all such acts and things as may be nec- customs of said international body such an association essary to carry into effect the provisions of sec- adopting and using said insignia was formed in the city of Washington, District of Columbia, in July, eighteen tions 1, 2 to 6, 8, and 9 of this title and promote hundred and eighty-one known as ‘The American Na- the purposes of said organization; and the cor- tional Association of the Red Cross,’ reincorporated poration created is designated as the organiza- April seventeenth, eighteen hundred and ninety-three, tion which is authorized to act in matters of re- under the laws of the District of Columbia, and reincor- lief under said treaties. In accordance with the porated by Act of Congress in June, nineteen hundred; said treaties, the delivery of the brassard al- and lowed for individuals neutralized in time of war ‘‘Whereas it is believed that the importance of the shall be left to military authority. work demands a repeal of the present charter and a re- incorporation of the society under Government super- (Jan. 5, 1905, ch. 23, § 2, 33 Stat. 600; May 8, 1947, vision: Now, therefore,’’. ch. 50, § 3, 61 Stat. 81.)

CHANGE OF NAME AMENDMENTS Department of War designated Department of the 1947—Act May 8, 1947, increased certain powers of cor- Army and title of Secretary of War changed to Sec- poration to accept gifts and devises of real estate. retary of the Army by section 205(a) of act July 26, 1947, CROSS REFERENCES 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; vot- ing 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 chap- ters. 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 pursu- ant to subsection (b) of this section shall be AMENDMENTS elected at the first national convention follow- ing 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 respon- sibilities 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 im- provements 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 acqui- sition 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; head- quarters 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 author- ized 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 his- tory 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 serv- ices 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, de- vise, 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 pro- mote, 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 issu- ance 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 num- ber 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 man- agement 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 expendi- tures, 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 expendi- tures 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, adver- tising, 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 preced- ing 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 publica- tions, 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, shall be a member of this corporation unless he has 1953, ch. 153, § 1, 67 Stat. 82.) served in the naval or military services of the United States at some time during any of the following peri- AMENDMENTS ods: April 6, 1917, to November 11, 1918; December 7, 1953—Act June 26, 1953, inserted provision relating to 1941, to December 31, 1946; June 25, 1950, to January 31, the exclusive right to manufacture, the use, and con- 1955; December 22, 1961, to May 7, 1975; all dates inclu- trol of such emblems and badges deemed necessary in sive, or who, being a citizen of the United States at the the fulfillment of the purposes of the corporation. time of entry therein, served in the military or naval service of any of the governments associated with the CROSS REFERENCES United States during said wars or hostilities: Provided, however, That such person shall have an honorable dis- Loan or gift of condemned or obsolete material by charge or separation from such service or continues to Secretary of military department or Secretary of the serve honorably after any of the aforesaid terminal Treasury, see section 2572 of Title 10, Armed Forces. dates.’’ Penalty for unauthorized manufacture, reproduction, 1979—Pub. L. 96–155 authorized membership in the or sale of badges or emblems of veterans’ organizations, corporation for service commencing Dec. 22, 1961, rath- see section 705 of Title 18, Crimes and Criminal Proce- er than Aug. 5, 1964, to May 7, 1975. dure. 1978—Pub. L. 95–346 substituted ‘‘May 7, 1975’’ for Recognition by Secretary of Veterans Affairs of rep- ‘‘August 15, 1973’’. resentatives of American Legion for prosecution of 1975—Pub. L. 93–557 substituted ‘‘December 31, 1946’’ claims under laws administered by Department of Vet- for ‘‘September 2, 1945’’, ‘‘January 31, 1955’’ for ‘‘July erans Affairs, see section 5902 of Title 38, Veterans’ 27, 1953’’, and ‘‘August 15, 1973’’ for ‘‘the date of ces- Benefits. sation of hostilities as determined by the Government § 45. Membership of the United States’’. 1966—Pub. L. 89–550 inserted ‘‘August 5, 1964, to the No person shall be a member of this corpora- date of cessation of hostilities as determined by the tion unless such person has served in the naval Government of the United States,’’ after ‘‘June 25, 1950, or military services of the United States at to July 27, 1953;’’. 1955—Act July 26, 1955, substituted ‘‘July 27, 1953’’ for some time during any of the following periods: ‘‘the date of cessation of hostilities, as determined by April 6, 1917, to November 11, 1918; December 7, the United States Government’’. 1941, to December 31, 1946; June 25, 1950, to Janu- 1950—Act Dec. 28, 1950, redefined eligibility for mem- ary 31, 1955; December 22, 1961, to May 7, 1975; bership in the American Legion. August 24, 1982, to July 31, 1984; December 20, 1946—Act July 9, 1946, permitted veterans of World 1989, to January 31, 1990; August 2, 1990, to the War II to become members. date of cessation of hostilities, as determined by 1942—Act Oct. 29, 1942, included as members personnel the United States Government; all dates inclu- of war beginning Dec. 7, 1941, and inserted proviso. sive, or who, being a citizen of the United States CROSS REFERENCES at the time of entry therein, served in the mili- Citizenship clause, see Const. Amend. 14, § 1. tary or naval service of any governments associ- ated with the United States during said wars or § 46. Nonpolitical nature of corporation hostilities: Provided, however, That such person shall have an honorable discharge or separation The organization shall be nonpolitical and, as from such service or continues to serve honor- an organization, shall not promote the can- ably after any of the aforesaid terminal dates. didacy of any person seeking public office. (Sept. 16, 1919, ch. 59, § 5, 41 Stat. 285; Oct. 29, (Sept. 16, 1919, ch. 59, § 6, 41 Stat. 285.) 1942, ch. 633, § 2, 56 Stat. 1012; July 9, 1946, ch. 546, § 47. Acquisition of assets and liabilities of exist- 60 Stat. 524; Dec. 28, 1950, ch. 1177, 64 Stat. 1122; ing organization July 26, 1955, ch. 386, § 2, 69 Stat. 380; Sept. 1, 1966, Pub. L. 89–550, § 2, 80 Stat. 372; Dec. 27, 1974, Said corporation may acquire any or all the Pub. L. 93–557, 88 Stat. 1792; Aug. 17, 1978, Pub. L. assets of the existing unincorporated national 95–346, 92 Stat. 485; Dec. 21, 1979, Pub. L. 96–155, organization known as the ‘‘American Legion’’ 93 Stat. 1165; Oct. 30, 1990, Pub. L. 101–478, 104 upon discharging or satisfactorily providing for Stat. 1157; Dec. 2, 1991, Pub. L. 102–179, 105 Stat. the payment and discharge of all its liabilities. 1229.) (Sept. 16, 1919, ch. 59, § 7, 41 Stat. 285.) AMENDMENTS § 48. Exclusive right to names 1991—Pub. L. 102–179 amended section generally. Prior to amendment, section read as follows: ‘‘No person Said corporation and its State and local sub- shall be a member of this corporation unless he has divisions shall have the sole and exclusive right served in the naval or military services of the United to have and to use, in carrying out its purposes, States at some time during any of the following peri- the name ‘‘The American Legion’’, or ‘‘Amer- ods; April 6, 1917, to November 11, 1918; December 7, ican Legion’’. 1941, to December 31, 1946; June 25, 1950, to January 31, 1955; December 22, 1961, to May 7, 1975; August 24, 1982, (Sept. 16, 1919, ch. 59, § 8, 41 Stat. 285; June 26, to July 31, 1984; December 20, 1989, to January 31, 1990; 1953, ch. 153, § 2, 67 Stat. 82.) all dates inclusive, or who, being a citizen of the United States at the time of entry therein, served in the mili- AMENDMENTS tary or naval service of any governments associated 1953—Act June 26, 1953, extended the exclusive right with the United States during said wars or hostilities: to the use of the name ‘‘American Legion’’. Provided, however, That such person shall have an hon- orable discharge or separation from such service or § 49. Annual report continues to serve honorably after any of the aforesaid terminal dates.’’ The said corporation shall, on or before the 1st 1990—Pub. L. 101–478 amended section generally. Prior day of January in each year, make and transmit to amendment, section read as follows: ‘‘No person to the Congress a report of its proceedings for Page 17 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 57b the preceding calendar year: Provided, however, Sec. That said report shall not be printed as public 57a. Purposes of corporation. documents. 57b. Powers of corporation. 58. Annual report. (Sept. 16, 1919, ch. 59, § 9, 41 Stat. 285; Aug. 30, 59. Reservation of right to amend or repeal chap- 1964, Pub. L. 88–504, § 4(3), 78 Stat. 636.) ter.

AMENDMENTS § 57. Corporation created 1964—Pub. L. 88–504 struck out ‘‘, including a full and Major General John A. Lejeune, United States complete report of its receipts and expenditures’’ after Marine Corps, retired, honorary national com- ‘‘calendar year’’. mandant; Maurice A. Illch, national com- CROSS REFERENCES mandant; Roy S. Taylor, senior national vice Printing of proceedings of national encampments as commandant; Kenneth B. Collings, junior na- House documents, see section 1332 of Title 44, Public tional vice commandant; Alexander F. Ormsby, Printing and Documents. national judge advocate; Reverend John H. Clifford, national chaplain; Edward A. Walker, § 50. Agents for service of process national sergeant at arms; John B. Hinckley, As a condition precedent to the exercise of any Junior, national adjutant and paymaster; John power or privilege herein granted or conferred E. Brock, national chief of staff, are created a the American Legion shall file in the office of body corporate of the name ‘‘Marine Corps the secretary of state of each State the name League.’’ and post-office address of an authorized agent in (Aug. 4, 1937, ch. 564, § 1, 50 Stat. 558.) such State upon whom legal process or demands against the American Legion may be served. § 57a. Purposes of corporation

(Sept. 16, 1919, ch. 59, § 91⁄2, 41 Stat. 285.) The purposes of this corporation shall be (a) to preserve the traditions and to promote the in- § 51. Reservation of right to amend or repeal terests of the United States Marine Corps; (b) to chapter band those who were on August 4, 1937, serving The right to repeal, alter, or amend this chap- in the United States Marine Corps and those ter at any time is expressly reserved. who have been honorably discharged from that service together in fellowship that they may ef- (Sept. 16, 1919, ch. 59, § 10, 41 Stat. 285.) fectively promote the ideals of American free- dom 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 §§ 56 to 56h. Omitted the Nation under arms; (d) to hold sacred the 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- ated a corporation known as United Spanish War Vet- between those in service and those who have re- erans, specified individuals eligible for membership, turned to civil life; (h) to aid voluntarily and to and specified the powers of the corporation. render assistance to all marines and former ma- 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, except as limited by provision of section 56 of this title. The corporation (a) shall have perpetual suc- 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 dies. the United States or of any State; (f) may estab- 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 of- fices 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) gen- erally 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 chap- ter. 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 por- tion 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; nonpoliti- cal 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 encour- age 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 adminis- tered 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 sec- tion 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 pur- poses 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 au- thorized 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 liabil- ities. (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 hav- ing 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 sec- tion 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 offi- cer 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 sec- tion 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 corpora- tion 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, re- lated 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 au- thorized 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 rel- atives 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 coun- cil 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 cor- poration 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 by- laws: 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 chap- ter. 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 main- tain 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 adop- tion 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 in- clude 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 asso- ciation, 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 na- tion 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; se- lection 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 mainte- nance 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 expendi- tures 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; establish- ment 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 superintend- ent, 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 authoriz- ing 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 Sept. 30, 1982, Pub. L. 97–272, title II, 96 Stat. 1165. Dec. 23, 1981, Pub. L. 97–101, title II, 95 Stat. 1422. Amendment by Pub. L. 95–479 effective Oct. 1, 1978, Dec. 15, 1980, Pub. L. 96–526, title II, 94 Stat. 3050. see section 401 of Pub. L. 95–479, set out as a note under Nov. 5, 1979, Pub. L. 96–103, title II, 93 Stat. 775. section 1114 of Title 38, Veterans’ Benefits. Sept. 30, 1978, Pub. L. 95–392, title II, 92 Stat. 795. APPROPRIATIONS Oct. 4, 1977, Pub. L. 95–119, title II, 91 Stat. 1077. Aug. 9, 1976, Pub. L. 94–378, title II, 90 Stat. 1098. Section 11 of act Mar. 4, 1923, authorized appropria- Oct. 17, 1975, Pub. L. 94–116, title II, 89 Stat. 587. tions to effectuate original provisions of act Mar. 4, Sept. 6, 1974, Pub. L. 93–414, title II, 88 Stat. 1099. 1923, which were classified to sections 121 and 123 to 132 Nov. 27, 1973, Pub. L. 93–162, title V, 87 Stat. 653. of this title. Oct. 25, 1972, Pub. L. 92–544, title V, 86 Stat. 1128. SECTION REFERRED TO IN OTHER SECTIONS Aug. 10, 1971, Pub. L. 92–77, title V, 85 Stat. 264. Oct. 21, 1970, Pub. L. 91–472, title V, 84 Stat. 1058. This section is referred to in sections 125, 127, 128, Dec. 24, 1969, Pub. L. 91–153, title V, 83 Stat. 421. 138a, 138b of this title. Aug. 9, 1968, Pub. L. 90–470, title V, 82 Stat. 686. Nov. 8, 1967, Pub. L. 90–133, title V, 81 Stat. 429. § 121a. Omitted Nov. 8, 1966, Pub. L. 89–797, title V, 80 Stat. 1501. CODIFICATION Sept. 2, 1965, Pub. L. 89–164, title V, 79 Stat. 639. Aug. 31, 1964, Pub. L. 88–527, title V, 78 Stat. 731. Section, act Mar. 28, 1946, ch. 113, title I, § 101, 60 Stat. Dec. 30, 1963, Pub. L. 88–245, title V, 77 Stat. 796. 62, which authorized Commission to delegate to its Oct. 18, 1962, Pub. L. 87–843, title V, 76 Stat. 1100. chairman, secretary, or officials in charge of either the Aug. 3, 1961, Pub. L. 87–125, title IV, 75 Stat. 279. Washington or Paris offices such of its authority as it July 12, 1960, Pub. L. 86–642, title I, 74 Stat. 475. deemed necessary and proper, was from the Independ- July 8, 1959, Pub. L. 86–79, title I, 73 Stat. 164. ent Offices Appropriation Act, 1947, and was not re- June 25, 1958, Pub. L. 85–468, title I, 72 Stat. 223. peated in subsequent appropriation acts. See section June 5, 1957, Pub. L. 85–48, title I, 71 Stat. 52. 138b of this title. Similar provisions were contained in June 13, 1956, ch. 385, title I, 70 Stat. 278. the following prior appropriation acts: June 29, 1955, ch. 226, title I, 69 Stat. 194. May 3, 1945, ch. 106, title I, § 101, 59 Stat. 108. June 24, 1954, ch. 359, title I, 68 Stat. 274. June 27, 1944, ch. 286, title I, § 101, 58 Stat. 363. July 31, 1953, ch. 302, title I, 67 Stat. 299. June 26, 1943, ch. 145, title I, § 101, 57 Stat. 171. July 5, 1952, ch. 578, title I, 66 Stat. 395. June 27, 1942, ch. 450, § 1, 56 Stat. 395. Aug. 31, 1951, ch. 376, title I, 65 Stat. 269. Apr. 5, 1941, ch. 40, § 1, 55 Stat. 95. Apr. 18, 1940, ch. 107, § 1, 54 Stat. 114. CROSS REFERENCES Mar. 16, 1939, ch. 11, § 1, 53 Stat. 525. Travel and transportation allowances to officers of May 23, 1938, ch. 259, § 1, 52 Stat. 412. the Army, see section 401 et seq. of Title 37, Pay and Al- June 28, 1937, ch. 396, § 1, 50 Stat. 331. lowances of the Uniformed Services. Mar. 19, 1936, ch. 156, § 1, 49 Stat. 1169. Feb. 2, 1935, ch. 3, § 1, 49 Stat. 7. § 122. Expenses of officers of Armed Forces serv- ing on Commission § 121b. Station allowance for Army officers serv- ing on Commission When traveling on business of the Commis- sion, officers of the Armed Forces serving as Where station allowance has been authorized members or as Secretary of the Commission by the Department of the Army for officers of may be reimbursed for expenses as provided for the Army serving the Army at certain foreign civilian members of the Commission. stations, the same allowance shall be authorized for officers of the Armed Forces assigned to the (Sept. 26, 1996, Pub. L. 104–204, title III, 110 Stat. Commission while serving at the same foreign 2907.) stations. CODIFICATION (Sept. 26, 1996, Pub. L. 104–204, title III, 110 Stat. Section is from the appropriation act cited as the 2907.) credit to this section.

CODIFICATION PRIOR PROVISIONS Section is from the appropriation act cited as the Provisions similar to those in this section were con- credit to this section. tained in the following prior appropriation acts: Apr. 26, 1996, Pub. L. 104–134, title I, § 101(e) [title III], PRIOR PROVISIONS 110 Stat. 1321–257, 1321–293; renumbered title I, May 2, Provisions similar to those in this section were con- 1996, Pub. L. 104–140, § 1(a), 110 Stat. 1327. tained in the following prior appropriation acts: Sept. 28, 1994, Pub. L. 103–327, title III, 108 Stat. 2317. Apr. 26, 1996, Pub. L. 104–134, title I, § 101(e) [title III], Oct. 28, 1993, Pub. L. 103–124, title III, 107 Stat. 1291. 110 Stat. 1321–257, 1321–293; renumbered title I, May 2, Oct. 6, 1992, Pub. L. 102–389, title III, 106 Stat. 1595. 1996, Pub. L. 104–140, § 1(a), 110 Stat. 1327. Oct. 28, 1991, Pub. L. 102–139, title III, 105 Stat. 760. Sept. 28, 1994, Pub. L. 103–327, title III, 108 Stat. 2317. Nov. 5, 1990, Pub. L. 101–507, title III, 104 Stat. 1370. Oct. 28, 1993, Pub. L. 103–124, title III, 107 Stat. 1291. Nov. 9, 1989, Pub. L. 101–144, title III, 103 Stat. 854. Oct. 6, 1992, Pub. L. 102–389, title III, 106 Stat. 1595. Aug. 19, 1988, Pub. L. 100–404, title II, 102 Stat. 1021. Oct. 28, 1991, Pub. L. 102–139, title III, 105 Stat. 760. Dec. 22, 1987, Pub. L. 100–202, § 101(f) [title II], 101 Stat. Nov. 5, 1990, Pub. L. 101–507, title III, 104 Stat. 1370. 1329–187, 1329–195. Nov. 9, 1989, Pub. L. 101–144, title III, 103 Stat. 854. Oct. 18, 1986, Pub. L. 99–500, § 101(g) [H.R. 5313, title II], Aug. 19, 1988, Pub. L. 100–404, title II, 102 Stat. 1021. 100 Stat. 1783–242, and Oct. 30, 1986, Pub. L. 99–591, Dec. 22, 1987, Pub. L. 100–202, § 101(f) [title II], 101 Stat. § 101(g) [H.R. 5313, title II], 100 Stat. 3341–242. 1329–187, 1329–194. Nov. 25, 1985, Pub. L. 99–160, title II, 99 Stat. 914. Oct. 18, 1986, Pub. L. 99–500, § 101(g) [H.R. 5313, title II], July 18, 1984, Pub. L. 98–371, title II, 98 Stat. 1221. 100 Stat. 1783–242, and Oct. 30, 1986, Pub. L. 99–591, July 12, 1983, Pub. L. 98–45, title II, 97 Stat. 224. § 101(g) [H.R. 5313, title II], 100 Stat. 3341–242. Sept. 30, 1982, Pub. L. 97–272, title II, 96 Stat. 1165. Nov. 25, 1985, Pub. L. 99–160, title II, 99 Stat. 914. Dec. 23, 1981, Pub. L. 97–101, title II, 95 Stat. 1422. July 18, 1984, Pub. L. 98–371, title II, 98 Stat. 1221. Dec. 15, 1980, Pub. L. 96–526, title II, 94 Stat. 3050. July 12, 1983, Pub. L. 98–45, title II, 97 Stat. 224. Nov. 5, 1979, Pub. L. 96–103, title II, 93 Stat. 775. § 122a TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 36

Sept. 30, 1978, Pub. L. 95–392, title II, 92 Stat. 795. Nov. 9, 1989, Pub. L. 101–144, title III, 103 Stat. 854. Oct. 4, 1977, Pub. L. 95–119, title II, 91 Stat. 1077. Aug. 19, 1988, Pub. L. 100–404, title II, 102 Stat. 1021. Aug. 9, 1976, Pub. L. 94–378, title II, 90 Stat. 1099. Dec. 22, 1987, Pub. L. 100–202, § 101(f) [title II], 101 Stat. Oct. 17, 1975, Pub. L. 94–116, title II, 89 Stat. 587. 1329–187, 1329–195. Sept. 6, 1974, Pub. L. 93–414, title II, 88 Stat. 1099. Oct. 18, 1986, Pub. L. 99–500, § 101(g) [H.R. 5313, title II], Nov. 27, 1973, Pub. L. 93–162, title V, 87 Stat. 653. 100 Stat. 1783–242, and Oct. 30, 1986, Pub. L. 99–591, Oct. 25, 1972, Pub. L. 92–544, title V, 86 Stat. 1128. § 101(g) [H.R. 5313, title II], 100 Stat. 3341–242. Aug. 10, 1971, Pub. L. 92–77, title V, 85 Stat. 264. Nov. 25, 1985, Pub. L. 99–160, title II, 99 Stat. 914. Oct. 21, 1970, Pub. L. 91–472, title V, 84 Stat. 1058. July 18, 1984, Pub. L. 98–371, title II, 98 Stat. 1221. Dec. 24, 1969, Pub. L. 91–153, title V, 83 Stat. 421. July 12, 1983, Pub. L. 98–45, title II, 97 Stat. 224. Aug. 9, 1968, Pub. L. 90–470, title V, 82 Stat. 686. Sept. 30, 1982, Pub. L. 97–272, title II, 96 Stat. 1165. Nov. 8, 1967, Pub. L. 90–133, title V, 81 Stat. 429. Dec. 23, 1981, Pub. L. 97–101, title II, 95 Stat. 1422. Nov. 8, 1966, Pub. L. 89–797, title V, 80 Stat. 1501. Dec. 15, 1980, Pub. L. 96–526, title II, 94 Stat. 3050. Nov. 5, 1979, Pub. L. 96–103, title II, 93 Stat. 775. Sept. 2, 1965, Pub. L. 89–164, title V, 79 Stat. 639. Sept. 30, 1978, Pub. L. 95–392, title II, 92 Stat. 795. Aug. 31, 1964, Pub. L. 88–527, title V, 78 Stat. 731. Oct. 4, 1977, Pub. L. 95–119, title II, 91 Stat. 1077. Dec. 30, 1963, Pub. L. 88–245, title V, 77 Stat. 796. Aug. 9, 1976, Pub. L. 94–378, title II, 90 Stat. 1099. Oct. 18, 1962, Pub. L. 87–843, title V, 76 Stat. 1100. Oct. 17, 1975, Pub. L. 94–116, title II, 89 Stat. 587. Aug. 3, 1961, Pub. L. 87–125, title IV, 75 Stat. 279. Sept. 6, 1974, Pub. L. 93–414, title II, 88 Stat. 1099. July 12, 1960, Pub. L. 86–642, title I, 74 Stat. 475. Nov. 27, 1973, Pub. L. 93–162, title V, 87 Stat. 653. July 8, 1959, Pub. L. 86–79, title I, 73 Stat. 164. Oct. 25, 1972, Pub. L. 92–544, title V, 86 Stat. 1128. June 25, 1958, Pub. L. 85–468, title I, 72 Stat. 223. Aug. 10, 1971, Pub. L. 92–77, title V, 85 Stat. 264. June 5, 1957, Pub. L. 85–48, title I, 71 Stat. 52. Oct. 21, 1970, Pub. L. 91–472, title V, 84 Stat. 1058. June 13, 1956, ch. 385, title I, 70 Stat. 279. Dec. 24, 1969, Pub. L. 91–153, title V, 83 Stat. 421. June 29, 1955, ch. 226, title I, 69 Stat. 194. Aug. 9, 1968, Pub. L. 90–470, title V, 82 Stat. 686. June 24, 1954, ch. 359, title I, 68 Stat. 274. Nov. 8, 1967, Pub. L. 90–133, title V, 81 Stat. 429. July 31, 1953, ch. 302, title I, 67 Stat. 299. Nov. 8, 1966, Pub. L. 89–797, title V, 80 Stat. 1501. July 5, 1952, ch. 578, title I, 66 Stat. 395. Sept. 2, 1965, Pub. L. 89–164, title V, 79 Stat. 640. Aug. 31, 1951, ch. 376, title I, 65 Stat. 269. Aug. 31, 1964, Pub. L. 88–527, title V, 78 Stat. 731. Sept. 6, 1950, ch. 896, Ch. VIII, title I, 64 Stat. 699. Dec. 30, 1963, Pub. L. 88–245, title V, 77 Stat. 796. Aug. 24, 1949, ch. 506, title I, 63 Stat. 633. Oct. 18, 1962, Pub. L. 87–843, title V, 76 Stat. 1101. Apr. 20, 1948, ch. 219, title I, 62 Stat. 179. Aug. 3, 1961, Pub. L. 87–125, title IV, 75 Stat. 280. May 3, 1945, ch. 106, title I, 59 Stat. 107. July 12, 1960, Pub. L. 86–642, title I, 74 Stat. 475. June 27, 1944, ch. 286, title I, 58 Stat. 363. July 8, 1959, Pub. L. 86–79, title I, 73 Stat. 164. June 26, 1943, ch. 145, title I, 57 Stat. 171. June 25, 1958, Pub. L. 85–468, title I, 72 Stat. 223. June 27, 1942, ch. 450, 56 Stat. 395. June 5, 1957, Pub. L. 85–48, title I, 71 Stat. 52. Apr. 5, 1941, ch. 40, 55 Stat. 95. June 13, 1956, ch. 385, title I, 70 Stat. 279. Apr. 18, 1940, ch. 107, 54 Stat. 113. June 29, 1955, ch. 226, title I, 69 Stat. 194. Mar. 16, 1939, ch. 11, 53 Stat. 525. June 24, 1954, ch. 359, title I, 68 Stat. 274. May 23, 1938, ch. 259, 52 Stat. 412. § 122b. Military cemeteries in foreign countries; June 28, 1937, ch. 396, 50 Stat. 331. Mar. 19, 1936, ch. 156, 49 Stat. 1169. determination as permanent cemeteries; se- Feb. 2, 1935, ch. 3, 49 Stat. 7. lection of new sites; design and construction; June 16, 1933, ch. 101, 48 Stat. 285. maintenance; construction by Armed Forces; June 30, 1932, ch. 330, 47 Stat. 454. burials and reburials; re-entry Feb. 23, 1931, ch. 281, 46 Stat. 1356. Apr. 19, 1930, ch. 201, 46 Stat. 231. When, as a result of combat operations, the Feb. 20, 1929, ch. 270, 45 Stat. 1232. Armed Forces shall establish military ceme- May 16, 1928, ch. 580, 45 Stat. 575. teries in zones of operations outside the United Feb. 11, 1927, ch. 104, 44 Stat. 1071. States and its Territories and possessions, the Apr. 22, 1926, ch. 171, 44 Stat. 307. Commission and the Secretary of the Army im- June 7, 1924, ch. 292, 43 Stat. 522. mediately upon the cessation of hostilities, shall Apr. 2, 1924, ch. 81, 43 Stat. 35. determine which of the cemeteries so estab- § 122a. Reimbursement of agencies for salary, lished, if any, shall become permanent ceme- pay, and allowances of assigned personnel teries or, as they may deem desirable, select new sites at any other location for such ceme- The Commission shall reimburse other Gov- teries. The Commission shall be solely respon- ernment agencies, including the Armed Forces, sible for the design and construction of such per- for salary, pay, and allowances of personnel as- manent cemeteries, and of all buildings, plant- signed to it. ings, headstones, and other permanent improve- (Sept. 26, 1996, Pub. L. 104–204, title III, 110 Stat. ments incidental thereto except that (1) the 2907.) Armed Forces shall be responsible for the main- tenance of such permanent cemeteries until CODIFICATION such time as the Commission shall express its Section is from the appropriation act cited as the readiness to assume the functions of administra- credit to this section. tion hereinafter authorized, (2) all construction undertaken by the Armed Forces in establishing PRIOR PROVISIONS and maintaining the cemetery prior to its trans- Provisions similar to those in this section were con- fer to the Commission shall be nonpermanent in tained in the following prior appropriation acts: nature, (3) burials and reburials therein by the Apr. 26, 1996, Pub. L. 104–134, title I, § 101(e) [title III], Armed Forces shall be carried out in accordance 110 Stat. 1321–257, 1321–293; renumbered title I, May 2, with plans prepared by the Commission, (4) the 1996, Pub. L. 104–140, § 1(a), 110 Stat. 1327. Armed Forces shall have the right to re-enter Sept. 28, 1994, Pub. L. 103–327, title III, 108 Stat. 2317. Oct. 28, 1993, Pub. L. 103–124, title III, 107 Stat. 1291. any cemeteries transferred to the Commission Oct. 6, 1992, Pub. L. 102–389, title III, 106 Stat. 1595. for the purpose of making exhumations or re- Oct. 28, 1991, Pub. L. 102–139, title III, 105 Stat. 760. interments should they deem any such action to Nov. 5, 1990, Pub. L. 101–507, title III, 104 Stat. 1370. be necessary. Page 37 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 125

(Mar. 4, 1923, ch. 283, § 2, as added July 25, 1956, responsible for the care and maintenance of the Surren- ch. 721, § 3(a), 70 Stat. 640.) der Tree site in Santiago, Cuba. This Act takes effect on the next July 1, after the date of its enactment SECTION REFERRED TO IN OTHER SECTIONS [Aug. 13, 1957].’’

This section is referred to in sections 121, 125, 127, 128, CROSS REFERENCES 138a, 138b of this title. National and international monuments and memori- § 123. Powers and duties as to memorials als generally, see section 431 et seq. of Title 16, Con- servation. The Commission shall prepare plans and esti- SECTION REFERRED TO IN OTHER SECTIONS mates for the erection of suitable memorials to commemorate the services of the American This section is referred to in sections 121, 122b, 125, Armed Forces, and shall erect and maintain me- 127, 128, 138a, 138b of this title. morials in the United States and at such places § 124. Approval of designs for memorials outside the United States where the American Armed Forces have served since April 6, 1917, or Before any design for any memorial is accept- shall hereafter serve, as the Commission shall ed by the Commission, it shall be approved by determine. The Commission shall also erect and the National Commission of Fine Arts. maintain works of architecture and art in such (Mar. 4, 1923, ch. 283, § 4, formerly § 3, 42 Stat. American cemeteries located outside of the 1510; June 26, 1946, ch. 502, 60 Stat. 317; renum- United States, its Territories, and possessions, bered § 4 and amended July 25, 1956, ch. 721, as have been or may hereafter be declared to be §§ 2(b), 3(c), 70 Stat. 640, 641.) permanent cemeteries. Works of architecture AMENDMENTS and art erected by the Commission in ceme- teries within the United States, its Territories 1956—Act July 25, 1956, § 3(c), amended section gener- and possessions, shall be maintained by the De- ally, striking out provisions which required prior ap- 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- pervise the erection of, all memorial monuments SECTION REFERRED TO IN OTHER SECTIONS and buildings in American cemeteries located This section is referred to in sections 121, 125, 127, 128, outside the United States, its Territories, and 138a, 138b, 1381e of this title. 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 (Mar. 4, 1923, ch. 283, § 3, formerly § 2, 42 Stat. the Commission: Provided, 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. the Commission all their right, title, and inter- Transfer of administration of national monuments to est in the memorial. If reasonable effort fails to National Park Service, see Ex. Ord. No. 6166, § 2, June 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 this subsection by agreement with the appro- SURRENDER TREE SITE IN SANTIAGO, CUBA priate foreign authorities. A decision of the Pub. L. 85–125, Aug. 13, 1957, 71 Stat. 344, provided: Commission to assume responsibility for any ‘‘That the American Battle Monuments Commission is war memorial under this subsection is final. § 125a TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 38

(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 trans- ferred 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- posited, and interest and proceeds credited, MAINTENANCE AND REPAIR OF PACIFIC BATTLE MONUMENTS under subparagraph (B), and (ii) obligations ob- tained 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: such amounts from private contributions as may ‘‘(a) AUTHORITY.—The Commandant of the Marine 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. the Commission, is not required to meet current ‘‘(b) FUNDING.—Of the amounts authorized to be ap- expenses. Each investment shall be made in an propriated to the Marine Corps for operation and main- 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 mili- for all moneys deposited in and expended from tary personnel during World War II.’’ 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). (c) Demolition of war memorials erected on for- § 125a. Erection of works in National Memorial eign soils and other functions of Commission Cemetery of the Pacific 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 deems proper, if— CODIFICATION (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. such demolition; or The proviso that the Commission may reimburse (3) the memorial has fallen into disrepair other Government agencies, including the Armed and a reasonable effort on the part of the Com- Forces, for salary, pay, and allowances of personnel as- signed to it, was omitted in view of section 122a of this mission has failed— title. (A) to persuade the sponsors to maintain the memorial at a standard acceptable to TRANSFER OF FUNCTIONS the Commission, or For provisions transferring from the Secretary of the (B) to locate the sponsors. Army to the Administrator of Veterans’ Affairs all ju- Page 39 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 128 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 located at the United States Military Academy at West sion, has a maturity suitable for the fund. 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 instrumen- The President is requested to make the nec- talities of the United States are authorized to essary arrangements with the proper authorities assist the Commission, on a reimbursable basis, of the countries concerned to enable the Com- in carrying out this section. 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. AMENDMENTS (f) Authority to solicit funds 1946—Act June 26, 1946, amended section generally. For the purpose of carrying out this section, SECTION REFERRED TO IN OTHER SECTIONS the Commission may solicit and accept private 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- man of the Commission. (2) The Chairman of the Commission shall de- 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 AMENDMENTS the interest on, and the proceeds from sale or re- 1946—Act June 26, 1946, amended section generally. demption of, obligations held in the fund. (3) The Secretary of the Treasury shall invest SECTION REFERRED TO IN OTHER SECTIONS any portion of the fund that, as determined by This section is referred to in sections 121, 125, 127, the Chairman of the Commission, is not required 138a, 138b of this title. §§ 129, 130 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 40

§§ 129, 130. Repealed. July 25, 1956, ch. 721, § 2(a), EX. ORD. NO. 9873. ADMINISTRATION OF THE MEXICO CITY 70 Stat. 640 NATIONAL CEMETERY Ex. Ord. No. 9873, July 16, 1947, 12 F.R. 4777, provided: Section 129, acts Mar. 4, 1923, ch. 283, § 8, 42 Stat. 1510; By virtue of the authority vested in me by section 12 June 26, 1946, ch. 502, 60 Stat. 317, authorized prepara- of the act of March 4, 1923, as amended by the act of tion of memorials at arsenals or navy yards and per- June 26, 1946, 60 Stat. 318 [this section], and as Presi- mitted use of captured war material. dent of the United States, it is hereby ordered as fol- Section 130, acts Mar. 4, 1923, ch. 283, § 9, 42 Stat. 1510; lows: June 26, 1946, ch. 502, 60 Stat. 317, authorized Commis- 1. All functions of administration pertaining to the sion to furnish replicas of any memorial, or part there- Mexico City National Cemetery, located in Mexico of. City, Calazada, Molchor, Ocampo 31, Mexico, DF, now vested in or exercised by the War Department, together § 131. Statements to President 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- ment to the American Battle Monuments Commission. October a statement of all its financial and 2. The unexpended balances of appropriations or al- other transactions during the preceding fiscal lotments of appropriations which are now, or may be- year. come, 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 shall be transferred to the American Battle Monuments 1510; June 26, 1946, ch. 502, 60 Stat. 318; renum- Commission to such extent as the Director of the Bu- bered § 8, July 25, 1956, ch. 721, § 2(c), 70 Stat. 640; reau of the Budget may deem necessary. Apr. 21, 1976, Pub. L. 94–273, § 3(19), 90 Stat. 377.) EX. ORD. NO. 10057. TRANSFER OF CERTAIN FUNCTIONS AMENDMENTS PERTAINING TO UNITED STATES MILITARY CEMETERIES 1976—Pub. L. 94–273 substituted ‘‘October’’ for ‘‘July’’. Ex. Ord. No. 10057, May 14, 1949, 14 F.R. 2585, as 1946—Act June 26, 1946, reenacted section without amended Ex. Ord. 10087, Dec. 3, 1949, 14 F.R. 7287, pro- change. vided: By virtue of the authority vested in me by section 12 SECTION REFERRED TO IN OTHER SECTIONS 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 as follows: § 132. Transfer of administrative functions, sup- 1. All functions of administration pertaining to World plies, materials and equipment to Commis- War II United States Military Cemeteries located in or near Cambridge, England; Margraten, the Netherlands; sion; maintenance of cemeteries located in Hamm, Luxembourg; Henri-Chapelle, Belgium; Neuvil- foreign countries leen-Condroz, Belgium; St. Laurent, France; St. James, The President may by Executive order trans- France; Epinal, France; St. Avold, France; Draguignan, France; Nettuno (Anzio), Italy; Florence, Italy; Tunis fer to the Commission, with respect to any per- (Carthage), Tunisia; and Ft. McKinley, Philippine Is- manent military cemeteries located outside of lands, now vested in or exercised by the Secretary of the United States, its Territories and posses- the Army pursuant to the act of May 16, 1946, c. 261, 60 sions, the same functions of administration Stat. 182, as amended by the act of August 5, 1947, c. 497, which were transferred to the Commission by 61 Stat. 779, together with (a) such supplies, equipment, Executive Order 6614, dated February 26, 1934, temporary structures, utilities and facilities pertaining and Executive Order 10057, dated May 14, 1949, as 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 Graves Registration Service and are determined by the ber 3, 1949, together with any supplies, materials American Battle Monuments Commission to be re- and equipment located therein or in military de- quired for the discharge of its responsibilities under pots overseas which are excess to the needs of this order, and (b) the cemetery records currently the Department of Defense and are requested by maintained for the operation of such cemeteries, in- the Commission for the performance of such cluding records pertinent to the acquisition of real es- functions. Thereafter the Commission shall be tate upon which the cemeteries and their appur- responsible for the maintenance of such ceme- tenances are situated, are hereby transferred to the tery and of all improvements therein. American Battle Monuments Commission; such trans- fer to become effective as to any particular cemetery (Mar. 4, 1923, ch. 283, § 10, formerly § 12, 42 Stat. or group of cemeteries upon the completion of the oper- 1510; June 26, 1946, ch. 502, 60 Stat. 318; renum- ational mission of the Department of the Army with re- bered § 10 and amended July 25, 1956, ch. 721, spect 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 earlier date as may be determined by the President or REFERENCES IN TEXT the Congress pursuant to the said act of May 16, 1946, as amended by the act of August 5, 1947. Executive Order 10057, dated May 14, 1949, as amended 2. The Department of the Army shall have the right by Executive Order 10087, dated December 3, 1949, re- to re-enter any of such cemeteries subsequent to the ef- ferred to in text, is set out below. fective date of the transfer of functions with respect thereto for the purpose of making exhumations or re- AMENDMENTS interments should any such action become necessary. 1956—Act July 25, 1956, § 4(b), amended section gener- 3. There shall be transferred to the American Battle ally, substituting ‘‘permanent military cemeteries’’ for Monuments Commission so much of the unexpended ‘‘national cemeteries’’, included Executive Orders 10057 balances of appropriations now, or which may become, and 10087, authorized transfer of supplies, materials and available to the Department of the Army for the per- equipment, and inserted provisions making the Com- formance of the functions transferred by the provisions mission responsible for the maintenance of such ceme- of this order as the Director of the Bureau of the Budg- teries and improvements therein. et may deem necessary for use prior to July 1, 1950, in 1946—Act June 26, 1946, amended section generally. connection with such functions. Page 41 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES §§ 134, 135

EX. ORD. NO. 12115. PERMANENT AMERICAN CEMETERY IN mains be moved to, and reinterred in, the United States REPUBLIC OF PANAMA in a cemetery or other burial site designated by the 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. 1–102. Subject to the conclusion of the agreement re- with the wishes of any next of kin who, within the time ferred to in Section 1–101 of this Order, the American specified in clause B(i) to the Third Reservation to the Battle Monuments Commission shall administer that Neutrality Treaty, objects to such removal. part of Corozal Cemetery which encompasses the re- 1–109. As used in this Order: mains of citizens of the United States of America, in (a) ‘‘Next of kin’’ means the person whom the Gov- accordance with the terms of the agreement with the ernor of the Canal Zone determines to be the nearest Republic of Panama. living relative, by consanguinity or affinity, of a person 1–103. The Governor of the Canal Zone shall, to the buried at Mount Hope Cemetery or Corozal Cemetery. extent funds are available, disinter from Mount Hope (b) ‘‘Members of their immediate family’’ means the Cemetery, before entry into force of the Neutrality spouse, children, mother or father of the deceased Treaty, and reinter in Corozal Cemetery the remains of United States citizen. 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- interment. On and after February 11, 1927, disbursements 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 re- interment 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 re- quest, 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- that the Government plans to remove the deceased to propriation acts. See section 138b of this title. Similar Corozal Cemetery unless the next of kin requests in provisions were contained in the following prior appro- writing, not later than three months after the first is- priation acts: suance of such notification, either that the remains not May 3, 1945, ch. 106, title I, 59 Stat. 107. be removed from Mount Hope Cemetery, or that the re- June 27, 1944, ch. 286, title I, 58 Stat. 363. § 135a TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 42

June 26, 1943, ch. 145, title I, 57 Stat. 171. mination of its duties’’ and required deposit of records June 27, 1942, ch. 450, 56 Stat. 395. and archives in accordance with the provisions of the Apr. 5, 1941, ch. 40, 55 Stat. 95. Federal Records Act of 1950 (44 U.S.C. 397). Apr. 18, 1940, ch. 107, 54 Stat. 113. 1946—Act June 26, 1946, amended section generally. Mar. 16, 1939, ch. 11, 53 Stat. 525. Former provisions of this section are covered by sec- May 23, 1938, ch. 259, 52 Stat. 412. tion 138a of this title. June 28, 1937, ch. 396, 50 Stat. 331. Mar. 19, 1936, ch. 156, 49 Stat. 1169. TRANSFER OF FUNCTIONS Feb. 2, 1935, ch. 3, 49 Stat. 7. National Archives Establishment transferred to Gen- June 16, 1933, ch. 101, 48 Stat. 285. eral Services Administration by act June 30, 1949, ch. June 30, 1932, ch. 330, 47 Stat. 454. 288, title I, § 104(a), 63 Stat. 381. On Dec. 11, 1949, Na- Feb. 23, 1931, ch. 281, 46 Stat. 1356. tional Archives and Records Service, under direction of Apr. 19, 1930, ch. 201, 46 Stat. 230. Archivist of the United States, established by Adminis- Feb. 20, 1929, ch. 270, 45 Stat. 1231. trator of General Services to succeed National Archives May 16, 1928, ch. 580, 45 Stat. 575. Establishment. National Archives and Records Service Feb. 11, 1927, ch. 104, 44 Stat. 1071. of General Services Administration transferred to Na- Apr. 22, 1926, ch. 171, 44 Stat. 307. tional Archives and Records Administration, see sec- tion 2102 of Title 44, Public Printing and Documents, § 135a. Repealed. Oct. 10, 1940, ch. 851, § 4, 54 and sections 103 to 106 and 108 of Pub. L. 98–497, set out Stat. 1111 as notes under section 2102 of Title 44.

Section, acts June 28, 1937, ch. 396, § 1, 50 Stat. 331; EFFECTIVE DATE OF TRANSFER OF FUNCTIONS May 23, 1938, ch. 259, § 1, 52 Stat. 412; Mar. 16, 1939, ch. Transfer of functions as effective July 1, 1949, see sec- 11, § 1, 53 Stat. 525; Apr. 18, 1940, ch. 107, § 1, 54 Stat. 113, tion 605 of act June 30, 1949, set out as an Effective Date related to purchase of supplies in minimum quantity note under section 471 of Title 40, Public Buildings, without restrictions. Property, and Works.

§ 136. Seal of Commission; judicial notice SECTION REFERRED TO IN OTHER SECTIONS The commission shall have a seal, which shall This section is referred to in sections 121, 125, 127, 128, be judicially noticed. 138a, 138b of this title. (Feb. 11, 1927, ch. 104, § 1, 44 Stat. 1071.) § 138a. Appropriations

§ 137. Disposition of land in foreign countries Such sum or sums as Congress may after June 26, 1946, appropriate for the purposes of sections The commission may, under such terms and 121, 122b to 125, 127, 128, 131, 132, and 138 to 138b conditions and in such manner as the commis- of this title are authorized to be appropriated. sion may in its discretion deem necessary and proper dispose of any land or interest in land in (Mar. 4, 1923, ch. 283, § 11, formerly § 13, as added foreign countries which has been or may here- June 26, 1946, ch. 502, 60 Stat. 318; renumbered after be acquired by the commission in connec- § 11, July 25, 1956, ch. 721, § 2(c), 70 Stat. 640.) tion with its work. SECTION REFERRED TO IN OTHER SECTIONS (Feb. 11, 1927, ch. 104, § 1, 44 Stat. 1071.) This section is referred to in sections 121, 125, 127, 128, 138b of this title. CODIFICATION Provisions of this section were to be superseded by § 138b. Acquisition and disposition of land in for- the third paragraph of section 138b of this title upon eign countries; operation of vehicles; estab- the expiration of the Surplus Property Act of 1944. See lishment of offices; printing authority; con- References in Text note set out under section 138b of tract power; effective date; delegation of au- this title. thority; claims against Commission § 138. Records and archives Within the limits of any appropriation or ap- propriations made for the purposes of sections The records and archives of the Commission, 121, 122b to 125, 127, 128, 131, 132, and 138 to 138b shall, when no longer required by the Commis- of this title, the Commission is authorized (1) to sion, be deposited with the National Archives in acquire land or interest in land in foreign coun- accordance with the provisions of section 2107 of tries for carrying out the purposes of said sec- title 44. tions or of any Executive order conferring func- (Mar. 4, 1923, ch. 283, § 9, formerly § 11, 42 Stat. tions upon the Commission without submission 1510; June 26, 1946, ch. 502, 60 Stat. 318; renum- to the Attorney General of the United States bered § 9 and amended July 25, 1956, ch. 721, under the provisions of section 255 of title 40; (2) §§ 2(c), 4(a), 70 Stat. 640, 641.) to maintain, repair, and operate motor-propelled passenger-carrying vehicles and other property, CODIFICATION which may be furnished to the Commission by ‘‘Section 2107 of title 44’’ substituted in text for ‘‘the other departments of the Government; (3) to es- Federal Records Act of 1950 (44 U.S.C. 397)’’ on author- tablish offices in the District of Columbia and ity of Pub. L. 90–620, § 2(b), Oct. 22, 1968, 82 Stat. 1305, elsewhere in or outside of the United States; (4) the first section of which enacted Title 44, Public to rent office and garage space in foreign coun- 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 section 2103 of Title 44 (as enacted by Pub. L. 90–620) as procure printing, binding, engraving, litho- section 2107. graphing, photographing, and typewriting, in- cluding the publication of information concern- AMENDMENTS ing the American activities, battlefields, memo- 1956—Act July 25, 1956, § 4(a), substituted ‘‘when no rials, and cemeteries with respect to which it longer required by the Commission’’ for ‘‘upon the ter- may exercise any functions. Page 43 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 138c

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 tions as the Commission may in its discretion Stat. 862, eff. Sept. 1, 1948, and is covered by section 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 The Commission may under such terms and Works. 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 10, Armed Forces. The 1942 Act originally enacted sec- struction of property both real and personal, or tions 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 1956—Act July 25, 1956, § 4(c), amended section to per- Army claims, except that in such cases one or mit 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- sion. ments in settlement of such claims shall be 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, This section is referred to in sections 121, 125, 127, 128, and 138 to 138b of this title. 138a of this title. The Commission may delegate to its Chair- 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 (a) Establishment; purpose; transfer of funds deem necessary and proper. There is hereby established in the Treasury an (Mar. 4, 1923, ch. 283, § 12, formerly § 14, as added account to be known as the ‘‘Foreign Currency June 26, 1946, ch. 502, 60 Stat. 318; renumbered Fluctuations, American Battle Monuments § 12 and amended July 25, 1956, ch. 721, §§ 2(c), Commission, Account’’. The account shall be 4(c), 70 Stat. 640, 641.) used to provide funds, in addition to funds ap- propriated for salaries and expenses of the REFERENCES IN TEXT American Battle Monuments Commission, to The expiration of the Surplus Property Act of 1944, pay the costs of such salaries and expenses that referred to in the third paragraph, means the expira- exceed the amount appropriated therefor as a re- tion of act Oct. 3, 1944, ch. 479, 58 Stat. 765, which was sult of fluctuations in currency exchange rates classified principally to sections 1611 to 1641 of Title 50, Appendix, War and National Defense. The expiration of of foreign countries occurring after a budget re- such act was to occur, pursuant to section 38 of such quest for the Commission is submitted to Con- act, three years after cessation of hostilities of World gress. The account may not be used for any War II. Cessation of hostilities was proclaimed on Dec. other purpose. Funds in the account may be 31, 1946, by Proc. No. 2714, 12 F.R. 1, set out as a note transferred to funds appropriated for salaries preceding section 1 of Title 50, Appendix. However, ef- and expenses of the Commission. fective July 1, 1949, section 38 of act Oct. 3, 1944, along (b) Merger and availability of transferred funds; with substantially all of such act was repealed (except for sections 1622, 1631, 1637, and 1641 of Title 50, Appen- increase in permissible obligations of funds dix) by act June 30, 1949, ch. 288, title VI, § 602(a)(1), 63 Funds transferred under subsection (a) of this Stat. 399, renumbered Sept. 5, 1950, ch. 849, § 6(a), (b), 64 section shall be merged with and available for Stat. 583. Sections 1622 and 1641 were partially repealed the same time period as the appropriation to by the 1949 act, and section 1622 is still set out in part which they are applied. A provision of law limit- in Title 50, Appendix. Section 1622(g) was repealed and ing the amount of funds the Commission may reenacted as part of sections 47151 to 47153 of Title 49, Transportation, by Pub. L. 103–272, §§ 1(d), 7(b), July 5, obligate in any fiscal year shall be increased to 1994, 108 Stat. 1278–1280, 1379. Section 1631 was repealed the extent necessary to reflect fluctuations in by act June 7, 1939, ch. 190, § 6(e), as added by act July exchange rates from those used in preparing the 23, 1946, ch. 590, 60 Stat. 599, and is covered by sections budget submission. § 138d TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 44

(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, to- gether 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 sub- section (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 funds were originally transferred is available for CHAPTER 8A—THE NATIONAL YEOMEN F obligation. Sec. (f) Unobligated balances; merger and availability 139. Corporation created; purposes. 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 made available to the Commission, unobligated § 139. Corporation created; purposes 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 (g) Annual report on transferred funds Dreyer, Stella Neumann Elberson, Ola Belle The Commission shall submit to the appro- Emmner, Edna Crumpler Estes, Mirian Mathews priate committees of the Congress each year a Everett, Katherine Driscoll Fallon, Kathleen report on funds transferred under this section. Vance Hatch, Eva Wilson Hay, Ellen Keefe 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 EFFECTIVE DATE McCarthy, Gladys Farmer McCool, Laura 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- tion] applies with respect to each fiscal year after fis- O’Leary Peggs, Caroline Peirce, Sara Craddock cal year 1988.’’ Sasser, May Gesner Schaefer, Billie Browne Schank, Rita Beauton Schaub, Etienne V. AUTHORIZATION OF APPROPRIATIONS Schier, Louise Williams Sears, Anne Williams Section 345(b) of Pub. L. 100–322 provided that: ‘‘There Shumway, Florence Kelly Sparrow, Laura V. is authorized to be appropriated to the Foreign Cur- Waldron, Agnes L. Walker, Gladys Spalding rency Fluctuations, American Battle Monuments Com- Wheless, Evelyn Lyon Wiberg, and Muriel An- 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, (a) Financial controls Mary Sweeney Alling, Sara Hinchey Barry, The Commission shall have a system of finan- Anna Kilroy Bean, Kathleen Moriarity Begley, cial controls to enable the Commission to com- Anna Lyons Bergin, Ethel Cornet Bolles, Anna ply with the requirements of subsection (b) of McDowell Brown, Mary MacKenzie Carson, Lucy this section and section 125(b)(3)(D) of this title. Galvin Cavanaugh, Rose Reiger Chapman, Doro- thy Sara Clifford, Monica Cecelia Clifford, Sadie (b) Financial statements Connelly, Marjory Murray Cormack, Martha The Commission shall— Swirsky Cotton, Marion McEntee Cox, Ione Page 45 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 139

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, dine O’Neill, Helen Linkins Opitz, Netty Baxter Ethel Hickey, Dorothy Drew Horan, Elizabeth A. Parker, Blanche C. Paul, Anna Viola Phelps, Horgan, Marie Lambert Johnson, Anna Riley Annie Skidmore Powers, Sue Gould Prentiss, Joyce, Agnes Keanneally, Ellen E. Kearns, Bes- Edith Warren Quinn, Lillian Louise Reagan, sie Josephine Kelly, Violet Elizabeth Kirkland, § 139 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 46

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, Alice Leahy Everard, Dorothy Winifred Ferrier, Cecilia McHale, Elizabeth Marie McNamee, Elinor Valentine Foley, Marie McElroy Forte, Anna J. Meara, Mary Burton Morris, Rosaline K. Anna Gallagher, Margaret Katherine Garland, Moscony, Helen Hannigan Myers, Sara Myers, Florence Wilson Goulden, Alice Miriam Florence Fischer Nicholson, Vesta Kaufman Page 47 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 140

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, (June 15, 1936, ch. 546, § 1, 49 Stat. 1501.) Lillie Reeves Campbell, Olive Mather Clark, 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 The regents of the Smithsonian Institution Corbin, and Louisa Daniell Shepard, all of are authorized to permit said national organiza- Texas; tion to deposit its collections, manuscripts, Esther Laubach, of Utah; books, pamphlets, and other material for his- Nellie Leland Cutler and Minnie Bliss tory in the Smithsonian Institution or in the Sweetser, of Vermont; National Museum, at their discretion, upon such Bertha Tyler Carwithen, Columbia Taylor conditions and under such rules as they shall Conway, Mary Anne Eike, Janet Rishell English, prescribe. Dorothy Knight Fannon, Pauline Taylor Groves, 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, AMENDMENTS Mayme E. Smith, Mary Phillips Spiers, Mar- garet C. Thomas, and Ulla Rathbun Tracy, all of 1960—Pub. L. 86–533 struck out provisions which re- quired organization to report annually to Secretary of Virginia; Smithsonian Institution concerning its proceedings, Sadie Conely Babcock, Margaret Powell and required Secretary to communicate to Congress Bidlake, Calla Layton Henly, Betty L. Reynolds, 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. of this title. Mrs. Wallace A. Giffen, Laura V. Hall, Elea- 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; cer; Thomas D. Hickey, national junior execu- Rose O’Connell Shaefer, of China; tive officer; Forest F. Bodiker, national pay- Laura Finnegan Cheatham, Margaret master; V. Homer Peabody, national chaplain; MacEachern Edwards, Marie Murray Grant, Lil- Mason C. Martin, national historian; and John lian Cooper Harrington, and Julia Weber, all of Hawaii; 1 So in original. Probably should be ‘‘Yeomen’’. § 140a TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 48

F. McCullough, medical doctor, national medi- (June 6, 1940, ch. 239, § 4, 54 Stat. 233; Aug. 30, cal officer, are created a body corporate of the 1964, Pub. L. 88–504, § 4(11), 78 Stat. 637.) 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 expendi- tures’’ 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 chapter] at any time is hereby expressly reserved.’’ Sec. 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. Navy, the United States Marine Corps, or the 142b. National Grandparents Day; proclamation, 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. 155b. Acceptance of voluntary services, gifts, de- sued; (d) may adopt a corporate seal and alter it vises, bequests, etc., by President’s Com- at pleasure; (e) may adopt and alter bylaws not 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. 158. Stephen Foster Memorial Day. than five persons, to conduct the business and 159. Constitution Week; designation; proclama- exercise the powers of the corporation; (i) may tion; 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. 164. Law Day, U.S.A.; designation; proclamation; and all lawful acts necessary or appropriate to observance. carry out the purposes for which the corporation 165. National Poison Prevention Week. is created. 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. 169a. Save Your Vision Week. The corporation shall, on or before the 1st day 169b. American Heart Month. of December in each year, transmit to Congress 169c. Leif Erikson Day. a report of its proceedings and activities for the 169d. White Cane Safety Day. preceding calendar year. Such reports shall not 169e. Steelmark Month. 169f. National Hispanic Heritage Month. be printed as public documents. 169g. Memorial Day as day of prayer for permanent peace. 1 So in original. Probably should be ‘‘citizens’’. 169h. National Day of Prayer. Page 49 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 140c

Sec. the year of our Lord nineteen hundred seventy-six as 169i. Carl Garner Federal Lands Cleanup Day; des- The Bicentennial Year. Let 1976 be a year of reflection, ignation, observation, etc. a year of sharing, and foremost, a year of achievement. 169i–1. Federal participation in Carl Garner Federal I urge all Americans to reflect, from time to time Lands Cleanup Day. during this Bicentennial Year, on the historic events of (a) Federal land management agencies; our past, on the heroic deeds of those whose legacy we duties; definition. now enjoy, and on the compelling visions of those who (b) Objectives; cooperation with State, helped shape our constitutional government. county, and local agencies. I call upon educators, clergy and labor, business and (c) Report to Congress. community leaders, as well as those in the communica- 169j. Martin Luther King, Jr., Federal legal holi- tions media, to review our history and publicize the day. shaping events, people, and ideas of our historic begin- 169j–1. Martin Luther King, Jr. Federal Holiday nings. Commission. I call upon every man, woman, and child to celebrate 169j–2. Purposes of Martin Luther King, Jr. Federal the diversity of tradition, culture and heritage that re- Holiday Commission. flects our people and our patrimony. Let each of us re- 169j–3. Membership of Martin Luther King, Jr. Fed- solve to cherish and protect what we have achieved in eral Holiday Commission. the United States of America and to build upon it in (a) Composition. the years ahead, not by words alone, but by actions (b) Political party. which bespeak a continuing commitment to a heritage (c) Appointments; vacancies. of individual initiative, creativity, and liberty. (d) Compensation. IN WITNESS WHEREOF, I have hereunto set my 169j–4. Operations of Martin Luther King, Jr. Fed- hand this thirty-first day of December, in the year of eral Holiday Commission. our Lord nineteen hundred and seventy-five, and of the (a) Meetings. Independence of the United States of America the two (b) Donations. hundredth. 169j–5. Activities of Martin Luther King, Jr. Federal GERALD R. FORD. Holiday Commission. (a) Director and staff. PROC. NO. 4934. ARMED FORCES DAY (b) Assistance and cooperation of Federal Proc. No. 4934, Apr. 16, 1982, 47 F.R. 16767, provided: agencies. Each year we Americans set aside one day to honor (c) Restrictions on Commission activi- the brave and dedicated men and women of the Army, ties. Navy, Air Force, Marine Corps and Coast Guard. 169j–6. Authorization of appropriations. 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 a better world for themselves and those that would fol- each year, was superseded by Proc. No. 3655, May 7, low. As we enter America’s third century, let us emu- 1965, 30 F.R. 6467. late in word and deed, their resolve and vision. Proc. No. 3399, Mar. 22, 1961, 26 F.R. 2501, which pro- NOW, THEREFORE, I, GERALD R. FORD, President claimed Armed Forces Day, was superseded by Proc. of the United States of America, do hereby proclaim No. 3655, May 7, 1965, 30 F.R. 6467. § 141 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 50

Proc. No. 3655, May 7, 1965, 30 F.R. 6467, which pro- § 142b. National Grandparents Day; proclama- claimed Armed Forces Day as third Saturday of May in tion, designation; observance each year, was superseded by Proc. No. 4276, Mar. 21, 1974, 39 F.R. 10877. The President is authorized and requested to Proc. No. 4276, Mar. 21, 1974, 39 F.R. 10877, which pro- issue a proclamation designating the first Sun- claimed Armed Forces Day as third Saturday of May in day of September after Labor Day as ‘‘National each year, was superseded by Proc. No. 4357, Mar. 25, Grandparents Day’’, and calling upon the people 1975, 40 F.R. 13293. of the United States and interested groups and Proc. No. 4357, Mar. 25, 1975, 40 F.R. 13293, which pro- claimed Armed Forces Day as third Saturday of May in organizations to observe such day with appro- each year was superseded by Proc. No. 4492, Mar. 22, priate ceremonies and activities. 1977, 42 F.R. 15889. (Pub. L. 96–62, Sept. 6, 1979, 93 Stat. 410.) Proc. No. 4492, Mar. 22, 1977, 42 F.R. 15889, which pro- claimed Armed Forces Day as third Saturday of May in § 142c. Parents’ Day; establishment each year, was superseded by Proc. No. 4571, May 15, 1978, 43 F.R. 21313. The fourth Sunday of every July shall be es- Proc. No. 4571, May 15, 1978, 43 F.R. 21313, which pro- tablished as ‘‘Parents’ Day’’ to be recognized as claimed Armed Forces Day as third Saturday of May in a recurring, perennial day of commemoration. each year, was superseded by Proc. No. 4934, Apr. 16, 1982, 47 F.R. 16767. (Pub. L. 103–362, § 1, Oct. 14, 1994, 108 Stat. 3465.)

CROSS REFERENCES § 142c–1. Recognition of Parents’ Day Legal holidays, see section 6103 of Title 5, Govern- All private citizens, organizations, and gov- ment Organization and Employees. ernmental and legislative bodies at the local, Occasions for display of flag, see section 174 of this State, and Federal level are encouraged to rec- title. ognize Parents’ Day through proclamations, ac- tivities, and educational efforts in furtherance § 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 call- ing 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 flag at their homes or other suitable places, The President of the United States is author- on the second Sunday in May, as a public ex- ized and requested to issue annually a proclama- pression of our love and reverence for the moth- tion setting apart the first Monday in October of ers of our country. each year as Child Health Day and inviting all 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 Pub. L. 86–352 provided in part that amendment by (May 8, 1914, No. 13, § 2, 38 Stat. 771.) Pub. L. 86–352 should be effective Jan. 1, 1960.

§ 142a. Third Sunday in June designated as Fa- § 144. Transferred ther’s Day; display of flags on buildings; ob- servance CODIFICATION Section, act Mar. 3, 1931, ch. 436, 46 Stat. 1508, which The third Sunday in June of each year is here- designated ‘‘The Star-Spangled Banner’’ as the na- by designated as ‘‘Father’s Day’’. The President tional anthem of the United States, was transferred to is authorized and requested to issue a proclama- section 170 of this title. tion calling on the appropriate Government offi- cials to display the flag of the United States on § 145. May twenty-second designated as National all Government buildings on such day, inviting Maritime Day the governments of the States and communities May 22 of each year shall hereafter be des- and the people of the United States to observe ignated and known as National Maritime Day, such day with appropriate ceremonies, and urg- and the President is authorized and requested ing our people to offer public and private expres- annually to issue a proclamation calling upon sions of such day to the abiding love and grati- the people of the United States to observe such tude which they bear for their fathers. National Maritime Day by displaying the flag at (Pub. L. 92–278, Apr. 24, 1972, 86 Stat. 124.) their homes or other suitable places and Govern- Page 51 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 150 ment officials to display the flag on all Govern- § 148. Last Sunday in September designated as ment buildings on May 22 of each year. Gold Star Mother’s Day (May 20, 1933, ch. 36, 48 Stat. 73.) The last Sunday in September shall be des- ignated and known as ‘‘Gold Star Mother’s CROSS REFERENCES Day’’, and it shall be the duty of the President Occasions for display of flag, see section 174 of this to request its observance as provided for in sec- title. tion 147 of this title. § 146. Second Monday in October as Columbus (June 23, 1936, ch. 736, § 2, 49 Stat. 1895.) Day § 149. April thirteenth for commemoration of The President of the United States is author- Thomas Jefferson’s birth ized and requested to issue a proclamation des- The President of the United States of America ignating the second Monday in October of each is authorized and directed to issue a proclama- year as Columbus Day and calling upon officials tion calling upon officials of the Government to of the Government to display the flag of the display the flag of the United States on all Gov- United States on all Government buildings on ernment buildings on April 13 of each year, and said date and inviting the people of the United inviting the people of the United States to ob- States to observe the day in schools and church- serve the day in schools and churches, or other es, or other suitable places, with appropriate suitable places, with appropriate ceremonies in ceremonies expressive of the public sentiment commemoration of the birth of Thomas Jeffer- befitting the anniversary of the discovery of son. America. (Aug. 16, 1937, ch. 666, 50 Stat. 668.) (Apr. 30, 1934, ch. 184, 48 Stat. 657; June 28, 1968, Pub. L. 90–363, § 1(b), 82 Stat. 250.) THOMAS JEFFERSON COMMEMORATION COMMISSION Pub. L. 102–343, Aug. 17, 1992, 106 Stat. 915, as amended CODIFICATION by Pub. L. 103–191, Dec. 14, 1993, 107 Stat. 2291, provided References to the second Monday in October were for establishment of Thomas Jefferson Commemoration substituted for references to October 12, effective Jan. Commission, a 21-member commission appointed by 1, 1971, pursuant to section 1(b) of Pub. L. 90–363 which President, which was to plan, develop, and coordinate is set out as a note captioned ‘‘References in Laws of programs and activities to commemorate the 250th an- the United States to Observances of Legal Public Holi- niversary of birth of Thomas Jefferson, to honor histor- days’’ under section 6103 of Title 5, Government Organi- ical locations associated with life of Thomas Jefferson, zation and Employees. and to award medals and certificates to individuals and organizations that have significantly contributed to CHRISTOPHER COLUMBUS QUINCENTENARY JUBILEE ACT preservation of Jefferson’s professional accomplish- Pub. L. 98–375, Aug. 7, 1984, 98 Stat. 1257, as amended ments. Commission to submit a final report to Presi- by Pub. L. 100–94, Aug. 18, 1987, 101 Stat. 700, provided dent and to Congress no later than Dec. 31, 1994, and to for creation of Christopher Columbus Quincentenary terminate not later than 60 days following that date. Jubilee Commission, a 30-member commission ap- BICENTENNIAL CELEBRATION OF BIRTH OF JEFFERSON pointed by the President, which was to prepare a com- prehensive program for commemorating the The Thomas Jefferson Bicentennial Commission was quincentennial of the voyages of discovery of Columbus created by act Sept. 24, 1940, ch. 730, 54 Stat. 960, and and to plan, encourage, coordinate, and conduct observ- vested with authority to make plans for the celebration ances and activities. The Commission would submit a in 1943 of the two-hundredth anniversary of the birth of final report to Congress no later than Dec. 31, 1993, and Thomas Jefferson, and these powers were further ex- would terminate as of that date. tended by act July 30, 1942, ch. 537, 56 Stat. 728. The National Agricultural Jefferson Bicentenary CROSS REFERENCES Committee was created and appointed to carry out ap- Occasions for display of flag, see section 174 of this propriate exercises in recognition of Jefferson’s con- title. tributions to the farmers and the agriculture of the Na- 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 call- § 150. April as Cancer Control Month ing upon the Government officials to display the 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 an- on 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- ical profession, the press, and all agencies and (June 23, 1936, ch. 736, § 1, 49 Stat. 1895.) individuals interested in a national program for CROSS REFERENCES the control of the disease of cancer by education Occasions for display of flag, see section 174 of this and other cooperative means to unite during the title. month in a public dedication to such a program and in a concerted effort to impress upon the SECTION REFERRED TO IN OTHER SECTIONS people of the Nation the necessity of such a pro- This section is referred to in section 148 of this title. gram. § 151 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 52

(Mar. 28, 1938, ch. 56, 52 Stat. 148.) Nothing herein shall be construed as changing, or attempting to change, the time or mode of § 151. August nineteenth as National Aviation any of the many altogether commendable ob- Day servances of similar nature now being held from The President of the United States is author- time to time, or periodically, but, to the con- ized to designate August 19 of each year as Na- trary, such practices are praised and encour- tional Aviation Day, and to issue a proclama- aged. tion calling upon officials of the Government to (Feb. 29, 1952, ch. 49, § 1, 66 Stat. 9.) display the flag of the United States on all Gov- ernment buildings on that day, and inviting the CROSS REFERENCES people of the United States to observe the day Citizenship clause, see Const. Amend. 14, § 1. with appropriate exercises to further and stimu- Occasions for display of flag, see section 174 of this late interest in aviation in the United States. title. (May 11, 1939, ch. 123, 53 Stat. 739.) § 154. Address to newly naturalized citizens CROSS REFERENCES Either at the time of the rendition of the de- Occasions for display of flag, see section 174 of this cree of naturalization or at such other time as title. the judge may fix, the judge or someone des- ignated by him shall address the newly natural- § 151a. December seventeenth as Pan American ized citizen upon the form and genius of our Aviation Day Government and the privileges and responsibil- The President of the United States is author- ities of citizenship; it being the intent and pur- ized to designate December 17 of each year as pose of this section to enlist the aid of the judi- Pan American Aviation Day and to issue a proc- ciary, in cooperation with civil and educational lamation calling upon all officials of the Gov- authorities, and patriotic organizations in a 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 Section, act May 3, 1940, ch. 183, § 1, 54 Stat. 178, des- appropriate ceremonies shall be held throughout ignated 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 em- ployment of otherwise qualified but workers § 153. Citizenship Day; designation; proclama- with disabilities. tion; observance The President is hereby requested to issue a The 17th day of September of each year is des- suitable proclamation each year, and the Gov- ignated as ‘‘Citizenship Day’’ in commemoration ernors of States, mayors of cities, and heads of of the formation and signing, on September 17, other instrumentalities of government, as well 1787, of the Constitution of the United States as leaders of industry, educational and religious and in recognition of all who, by coming of age groups, labor, veterans, women, farm, scientific or by naturalization have attained the status of and professional, and all other organizations and citizenship, and the President of the United individuals at interest are invited to partici- States is authorized to issue annually a procla- pate. mation 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 day in schools and churches, or other suitable AMENDMENTS places, with appropriate ceremonies. 1988—Pub. L. 100–630 substituted ‘‘the month of Octo- The civil and educational authorities of ber in’’ for ‘‘the first week in October of’’, ‘‘National States, counties, cities, and towns be, and they Disability Employment Awareness Month’’ for ‘‘Na- are, urged to make plans for the proper observ- tional Employ the Handicapped Week’’, ‘‘such month’’ 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 Page 53 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 157b the purposes from enlisting public support for and in- 1965—Pub. L. 89–333 substituted ‘‘$500,000’’ for terest in the employment of otherwise qualified but ‘‘$400,000’’. physically handicapped workers to enlisting public sup- 1964—Pub. L. 88–321 substituted ‘‘$400,000’’ for port for and interest in the employment of otherwise ‘‘$300,000’’. qualified but handicapped workers. 1960—Pub. L. 86–772 substituted ‘‘$300,000’’ for ‘‘$225,000’’. § 155a. President’s Committee on Employment of 1954—Act Aug. 3, 1954, substituted ‘‘$225,000’’ for People With Disabilities; authorization of ap- ‘‘$75,000’’. propriations EFFECTIVE DATE OF 1954 AMENDMENT In order to effectuate the purposes of National Amendment by act Aug. 3, 1954, effective July 1, 1954, Disability Employment Awareness Month and in see section 8 of act Aug. 3, 1954, set out as a note under order to enable the President to provide the section 49b of Title 29, Labor. President’s Committee on Employment of Peo- § 155b. Acceptance of voluntary services, gifts, ple With Disabilities with adequate personnel to devises, bequests, etc., by President’s Com- assist in its activities, and otherwise to provide mittee on Employment of People With Dis- the committee with the means of carrying out a abilities program to promote the employment of persons with disabilities, by creating Nationwide inter- The President’s Committee on Employment of est in the rehabilitation and employment of People With Disabilities may— such persons and by obtaining and maintaining (1) accept voluntary and uncompensated cooperation from all public and private groups services, notwithstanding the provisions of in the field, there is hereby authorized to be ap- section 1342 of title 31; and (2) in the name of the Committee, accept, propriated for each of the fiscal years 1993, 1994, employ, and dispose of, in furtherance of this 1995, 1996, and 1997, such sums as may be nec- resolution, any money or property, real, per- essary to be expended in such manner and by sonal, or mixed, tangible or nontangible, re- such agencies as the President may direct, for ceived by gift, devise, bequest, or otherwise. the work of the President’s Committee on Em- ployment of People With Disabilities. (July 11, 1949, ch. 302, § 2, as added Nov. 7, 1988, Pub. L. 100–630, title III, § 301(b)(3), 102 Stat. (July 11, 1949, ch. 302, § 1, 63 Stat. 409; Aug. 3, 3316.) 1954, ch. 655, § 5, 68 Stat. 665; Sept. 13, 1960, Pub. L. 86–772, 74 Stat. 913; June 24, 1964, Pub. L. § 156. National Freedom Day 88–321, 78 Stat. 221; Nov. 8, 1965, Pub. L. 89–333, The President of the United States is author- § 14, 79 Stat. 1294; July 7, 1968, Pub. L. 90–391, § 14, ized to issue a proclamation designating the 1st 82 Stat. 306; Oct. 21, 1986, Pub. L. 99–506, title IX, day of February of each year as National Free- § 902, 100 Stat. 1841; Nov. 7, 1988, Pub. L. 100–630, dom Day for the purpose of commemorating the title III, § 301(b)(1), (2), 102 Stat. 3316; June 6, signing by President Abraham Lincoln, on Feb- 1991, Pub. L. 102–52, § 9(b), 105 Stat. 263; Oct. 29, ruary 1, 1865, of the joint resolution adopted by 1992, Pub. L. 102–569, title IX, § 914, 106 Stat. the Senate and the House of Representatives of 4488.) the United States, proposing the thirteenth AMENDMENTS amendment to the Constitution of the United 1992—Pub. L. 102–569, § 914(3), which directed the sub- States of America. stitution of ‘‘for each of the fiscal years 1993, 1994, 1995, (June 30, 1948, ch. 755, 62 Stat. 1150.) 1996, and 1997,’’ for ‘‘for each of the fiscal years 1987, 1988, 1989, 1990, and 1991,’’, was executed by making the § 157. Flag Day; designation; proclamation; ob- substitution for ‘‘for each of the fiscal years 1987, 1988, servance 1989, 1990, 1991, and 1992,’’, to reflect the probable intent of Congress and the intervening amendment by Pub. L. The 14th day of June of each year is hereby 102–52. See 1991 amendment note below. designated as ‘‘Flag Day’’, and the President of Pub. L. 102–569, § 914(1), (2), and (4), substituted ‘‘per- the United States is authorized and requested to sons with disabilities’’ for ‘‘handicapped persons’’ and issue annually a proclamation calling upon offi- ‘‘such persons’’ for ‘‘the handicapped’’ and struck out cials of the Government to display the flag of at end ‘‘The President’s Committee on Employment of the United States on all Government buildings the Handicapped shall be guided by the general policies of the National Council on the Handicapped.’’ on such day, and urging the people to observe 1991—Pub. L. 102–52 substituted ‘‘1990, 1991, and 1992,’’ the day as the anniversary of the adoption on for ‘‘1990, and 1991,’’. June 14, 1777, by the Continental Congress of the 1988—Pub. L. 100–630 substituted ‘‘National Disability Stars and Stripes as the official flag of the Employment Awareness Month’’ for ‘‘National Employ United States of America. the Physically Handicapped Week’’ and substituted ‘‘President’s Committee on Employment of People (Aug. 3, 1949, ch. 385, 63 Stat. 492.) With Disabilities’’ for ‘‘President’s Committee on Na- tional Employ the Physically Handicapped Week’’ in § 157a. National Flag Week two places. The President is authorized and requested to 1986—Pub. L. 99–506 substituted ‘‘for each of the fiscal issue annually a proclamation designating the years 1987, 1988, 1989, 1990, and 1991, such sums as may be necessary’’ for ‘‘annually, out of any money in the week in which June 14 occurs as National Flag Treasury not otherwise appropriated, not to exceed the Week, and calling upon all citizens to display sum of $1,000,000’’ and inserted at end ‘‘The President’s the flag of the United States on those days. Committee on Employment of the Handicapped shall be (Pub. L. 89–443, June 9, 1966, 80 Stat. 194.) guided by the general policies of the National Council on the Handicapped.’’ § 157b. Honor America Days 1968—Pub. L. 90–391 substituted ‘‘employment of handicapped persons’’ for ‘‘employment of physically Congress declares the twenty-one days from handicapped persons’’ and ‘‘$1,000,000’’ for ‘‘$500,000’’. Flag Day through Independence Day as a period § 158 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 54 to honor America, and further declares that mencing on the first Sunday in June for prior author- there be public gatherings and activities at ization of such Week during week including July 4. which the people of the United States can cele- EFFECTIVE DATE OF 1993 AMENDMENT brate and honor their country in an appropriate manner. Section 318(b) of Pub. L. 103–206 provided that: ‘‘This section [amending this section] is effective January 1, (Pub. L. 94–33, June 13, 1975, 89 Stat. 211.) 1995.’’ § 158. Stephen Foster Memorial Day RECITAL CLAUSES The President of the United States is author- Pub. L. 85–445 upon which this section is based con- ized to issue a proclamation designating Janu- tained several ‘‘Whereas’’ clauses reading as follows: ‘‘Whereas our people in increasing numbers are tak- ary 13 of each year as Stephen Foster Memorial ing part in boating activities on the waters of our Na- Day, and calling upon the people throughout the tion, with more than twenty million expected to par- United States to observe such day with appro- ticipate during 1958; and priate ceremonies, pilgrimages to his shrines, ‘‘Whereas safety is essential for the full enjoyment of and musical programs featuring his composi- boating; and tions. ‘‘Whereas many lives can be spared and injuries and property damage avoided by safe boating practices; and (Oct. 27, 1951, ch. 593, 65 Stat. 659.) ‘‘Whereas it is proper and fitting that national atten- tion should be focused on the need for safe boating § 159. Constitution Week; designation; proclama- practices * * *.’’ tion; observance The President of the United States is author- § 162. Loyalty Day ized and requested to designate the period begin- The 1st day of May of each year is designated ning September 17 and ending September 23 of as Loyalty Day and is to be set aside as a special each year as Constitution Week, and to issue an- day for the reaffirmation of loyalty to the nually a proclamation inviting the people of the United States of America and for the recogni- United States to observe such week in schools, tion of the heritage of American freedom; and churches, and other suitable places with appro- the President of the United States is authorized priate ceremonies and activities. and requested to issue a proclamation calling (Aug. 2, 1956, ch. 875, 70 Stat. 932.) upon officials of the Government to display the flag of the United States on all Government § 160. National Defense Transportation Day; buildings on such day and inviting the people of proclamation; designation; observance the United States to observe such day, in The President of the United States is author- schools and other suitable places, with appro- ized and requested annually to issue a proclama- priate ceremonies. tion designating the third Friday of May of each (Pub. L. 85–529, July 18, 1958, 72 Stat. 369.) year as National Defense Transportation Day, and urging the people of the United States, in- § 163. National Forest Products Week cluding labor, management, users, and inves- The seven-day period beginning on the third tors, in all communities served by any of the Sunday of October in each year is designated as various forms of transportation by land, by sea, National Forest Products Week, and the Presi- and by air, to observe this occasion by appro- dent is requested to issue annually a proclama- priate ceremonies which will give full recogni- tion calling upon the people of the United States tion to the importance to each and every com- to observe such week with appropriate cere- munity and the people thereof of our transpor- monies and activities. tation system and the maintenance of its facili- ties in the most modern state of adequacy to (Pub. L. 86–753, Sept. 13, 1960, 74 Stat. 898.) serve our needs in times of peace and in national defense. § 164. Law Day, U.S.A.; designation; proclama- tion; observance (Pub. L. 85–32, May 16, 1957, 71 Stat. 30.) The first day of May of each year is hereby § 161. National Safe Boating Week designated as Law Day, U.S.A. It is set aside as The President of the United States is author- a special day of celebration by the American ized and requested to proclaim annually the people in appreciation of their liberties and the the 1 seven day period ending on the last Friday reaffirmation of their loyalty to the United before Memorial Day as ‘‘National Safe Boating States of America; of their rededication to the Week’’. ideals of equality and justice under law in their relations with each other as well as with other (Pub. L. 85–445, June 4, 1958, 72 Stat. 179; Pub. L. nations; and for the cultivation of that respect 96–376, § 9, Oct. 3, 1980, 94 Stat. 1510; Pub. L. for law that is so vital to the democratic way of 103–206, title III, § 318(a), Dec. 20, 1993, 107 Stat. life. 2427.) The President of the United States is author- AMENDMENTS ized and requested to issue a proclamation call- 1993—Pub. L. 103–206 substituted ‘‘the seven day pe- ing upon all public officials to display the flag of riod ending on the last Friday before Memorial Day’’ the United States on all government buildings for ‘‘week commencing on the first Sunday in June’’. on such day and inviting the people of the 1980—Pub. L. 96–376 substituted authorization for United States to observe such day with suitable proclamation of a National Safe Boating Week com- ceremonies and other appropriate ways, through public bodies and private organizations as well 1 So in original. as in schools and other suitable places. Page 55 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 169e

(Pub. L. 87–20, Apr. 7, 1961, 75 Stat. 43.) commemoration of the first successful flights in a heavier than air, mechanically propelled air- § 165. National Poison Prevention Week plane, which were made by Orville and Wilbur The President is authorized and requested to Wright on December 17, 1903, near Kitty Hawk, issue annually a proclamation designating the North Carolina. The President is authorized and third week in March as National Poison Preven- requested to issue annually a proclamation in- tion Week, to aid in encouraging the American viting the people of the United States to observe people to learn of the dangers of accidental poi- such day with appropriate ceremonies and ac- soning and to take such preventive measures as tivities. are warranted by the seriousness of the danger. (Pub. L. 88–209, Dec. 17, 1963, 77 Stat. 402.) (Pub. L. 87–319, Sept. 26, 1961, 75 Stat. 681.) § 169a. Save Your Vision Week § 166. National Transportation Week The President of the United States is author- The President of the United States is re- ized and requested to issue annually a proclama- quested and authorized to officially proclaim an- tion designating the first week in March of each nually the week in May of each year in which year as ‘‘Save Your Vision Week’’, and inviting falls the third Friday of that month as National the Governors and mayors of State and local Transportation Week, and to issue a proclama- governments of the United States to issue simi- tion inviting the people of the United States to lar proclamations. The President is further re- observe such period with appropriate ceremonies quested to consider including in such proclama- and activities, as a tribute to the men and tion an invitation calling upon the press, radio, women who, night and day, move goods and peo- television, and other communications media, ple throughout our land. the health care professions and all other agen- (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, in- cluding 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. 103–322, title XXXII, § 320922(a), Sept. 13, 1994, 108 The President of the United States is author- Stat. 2131.) ized to officially proclaim October 9 in each year 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 of the United States’’ after ‘‘activities’’. The President is hereby authorized to issue annually a proclamation designating October 15 § 168. National School Lunch Week as White Cane Safety Day and calling upon the The seven-day period beginning on the second people of the United States to observe such day Sunday of October in each year is designated as with appropriate ceremonies and activities. National School Lunch Week, and the President (Pub. L. 88–628, Oct. 6, 1964, 78 Stat. 1003.) is requested to issue annually a proclamation calling on the people of the United States to ob- § 169e. Steelmark Month serve such week with appropriate ceremonies The month of May of each year is hereby des- and activities. ignated as ‘‘Steelmark Month’’ in recognition of (Pub. L. 87–780, Oct. 9, 1962, 76 Stat. 779.) the tremendous contribution made by the steel industry in the United States to the national se- § 169. Wright Brothers Day curity and defense of our country. The President The 17th day of December of each year is here- is requested to issue a proclamation calling by designated as ‘‘Wright Brothers Day’’, in upon all people of the United States for the ob- § 169f TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 56 servance of such month with appropriate pro- § 169i. Carl Garner Federal Lands Cleanup Day; ceedings and ceremonies. designation, observation, etc. (Pub. L. 89–703, Nov. 2, 1966, 80 Stat. 1099.) The first Saturday after Labor Day of each year is designated as ‘‘Carl Garner Federal § 169f. National Hispanic Heritage Month Lands Cleanup Day’’. The President shall issue a The President is hereby authorized and re- proclamation calling upon the people of the quested to issue annually a proclamation des- United States to observe Carl Garner Federal ignating the 31-day period beginning September Lands Cleanup Day with appropriate cere- 15 and ending on October 15 as ‘‘National His- monies, programs, and activities: Provided, how- panic Heritage Month’’ and calling upon the ever, That the activities associated with Carl people of the United States, especially the edu- Garner Federal Lands Cleanup Day may be cational community, to observe such month undertaken in individual States on a day other with appropriate ceremonies and activities. than the first Saturday after Labor Day if the (Pub. L. 90–498, Sept. 17, 1968, 82 Stat. 848; Pub. affected Federal land managers determine that L. 100–402, § 1, Aug. 17, 1988, 102 Stat. 1012.) because of climatological or other factors, an al- ternative date is more appropriate. AMENDMENTS (Pub. L. 99–402, § 3, Aug. 27, 1986, 100 Stat. 910; 1988—Pub. L. 100–402 substituted ‘‘31-day period begin- Pub. L. 104–333, div. I, title VIII, § 806, Nov. 12, ning September 15 and ending on October 15’’ for ‘‘week including September 15 and 16’’, ‘‘Heritage Month’’ for 1996, 110 Stat. 4188.) ‘‘Heritage Week’’, and ‘‘such month’’ for ‘‘such week’’. AMENDMENTS EFFECTIVE DATE OF 1988 AMENDMENT 1996—Pub. L. 104–333 substituted ‘‘Carl Garner Fed- Section 2 of Pub. L. 100–402 provided that: ‘‘The eral Lands Cleanup Day’’ for ‘‘Federal Lands Cleanup amendments made by section 1 [amending this section] Day’’ wherever appearing. shall take effect on January 1 of the first year begin- SHORT TITLE ning after the date of the enactment of this Act [Aug. 17, 1988].’’ Section 1 of Pub. L. 99–402 provided that: ‘‘This Act [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’.’’ The President is authorized and requested to CONGRESSIONAL FINDINGS 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— morial Day, by praying, each in accordance with ‘‘(1) Federal lands, parks, recreation areas, and his religious faith, for permanent peace; des- waterways provide recreational opportunities for mil- ignating a period during such day in which all lions of Americans each year; the people of the United States may unite in ‘‘(2) the Federal lands administered by the several prayer for a permanent peace; calling upon all Federal land management agencies contain valuable 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; papers, radio stations, and all other mediums of ‘‘(3) it is in the best interest of our country and its information to join in observing such day and citizens to maintain and preserve the beauty, safety, period of prayer. and availability of these Federal lands; ‘‘(4) these land management agencies have been (May 11, 1950, ch. 182, 64 Stat. 158.) designated as the caretakers of these Federal lands REFERENCES IN LAWS OF THE UNITED STATES TO and have been given the responsibility for maintain- OBSERVANCES OF LEGAL PUBLIC HOLIDAYS ing and preserving these areas and facilities; ‘‘(5) there is great value in volunteer involvement Reference to ‘‘May 30, Memorial Day’’ in text, consid- in maintaining and preserving Federal lands for rec- ered reference to the day for the observance of such reational use; holiday prescribed in section 6103(a) of Title 5, Govern- ‘‘(6) the Federal land management agencies should ment Organization and Employees (the last Monday in be concerned with promoting a sense of pride and May), see section 1(b) of Pub. L. 90–363, set out as a note ownership among citizens toward these lands; under section 6103 of Title 5. ‘‘(7) the use of citizen volunteers in a national cleanup effort promotes these goals and encourages § 169h. National Day of Prayer the thoughtful use of these Federal lands and facili- The President shall set aside and proclaim the ties; first Thursday in May in each year as a National ‘‘(8) the positive impact of annual cleanup events Day of Prayer, on which the people of the United held at various recreation sites has already been proven by steadily declining levels of litter at these States may turn to God in prayer and medita- sites; and tion at churches, in groups, and as individuals. ‘‘(9) a national program for cleaning and maintain- (Apr. 17, 1952, ch. 216, 66 Stat. 64; May 5, 1988, ing Federal lands using volunteers will save millions Pub. L. 100–307, 102 Stat. 456.) of tax dollars.’’

CODIFICATION § 169i–1. Federal participation in Carl Garner Section was formerly classified to section 185 of this Federal Lands Cleanup Day title. (a) Federal land management agencies; duties; AMENDMENTS definition 1988—Pub. L. 100–307 substituted ‘‘the first Thursday (1) In order to observe Carl Garner Federal in May in each year’’ for ‘‘a suitable day each year, Lands Cleanup Day at the Federal level, each other than a Sunday,’’. Federal land management agency shall organize, Page 57 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 169j–1 coordinate, and participate with citizen volun- Subsec. (b). Pub. L. 104–333, which directed the teers and State and local agencies in cleaning amendment of this section by substituting ‘‘Carl Gar- and providing for the maintenance of Federal ner Federal Lands Cleanup Day’’ for ‘‘Federal Lands public lands, recreation areas, and waterways Cleanup Day’’ wherever appearing, was executed in sub- sec. (b) by making the substitution in text which read within the jurisdiction of such agency. ‘‘Federal Lands National Cleanup Day’’, to reflect the (2) For purposes of this Act, the term ‘‘Federal probable intent of Congress. land management agency’’ shall include— (A) the Forest Service of the Department of § 169j. Martin Luther King, Jr., Federal legal holi- Agriculture; day (B) the Bureau of Land Management of the The Congress finds that— Department of the Interior; (C) the National Park Service of the Depart- (1) January 20, 1986, marks the first observ- ment of the Interior; ance of the Federal legal holiday, established (D) the Fish and Wildlife Service of the De- by Public Law 98–144, honoring the birthday of partment of the Interior; Martin Luther King, Jr.; (E) the Bureau of Reclamation of the De- (2) such holiday should serve as a time for partment of the Interior; and Americans to reflect on the principles of racial (F) the Army Corps of Engineers. equality and nonviolent social change es- poused by Martin Luther King, Jr.; and (b) Objectives; cooperation with State, county, (3) it is appropriate for the Federal Govern- and local agencies ment to coordinate efforts with Americans of Each Federal land management agency shall diverse backgrounds and with private organi- plan for and carry out activities on Carl Garner zations in the observance of the Federal legal Federal Lands National Cleanup Day 1 which— holiday honoring Martin Luther King, Jr. (1) encourage continuing public and private sector cooperation in preserving the beauty (Pub. L. 98–399, § 1, Aug. 27, 1984, 98 Stat. 1473; and safety of areas within the jurisdiction of Pub. L. 101–30, § 2(b)(1), May 17, 1989, 103 Stat. 60.) such agency; REFERENCES IN TEXT (2) increase citizens’ sense of ownership and community pride in such areas; Public Law 98–144, referred to in par. (1), is Pub. L. 98–144, Nov. 2, 1983, 97 Stat. 917, which amended section (3) reduce litter on Federal lands, along 6103 of Title 5, Government Organization and Employ- trails and waterways, and within such areas; ees, and enacted provisions set out as a note under sec- and tion 6103 of Title 5. For complete classification of this (4) maintain and improve trails, recreation Act to the Code, see Tables. areas, waterways and facilities. AMENDMENTS Such activities shall be held in cooperation with 1989—Par. (3). Pub. L. 101–30 struck out ‘‘first’’ before appropriate State, county, and local government ‘‘observance’’. agencies. (c) Report to Congress SHORT TITLE OF 1994 AMENDMENT (1) Within ninety days following the first Carl Pub. L. 103–304, § 1, Aug. 23, 1994, 108 Stat. 1565, pro- vided that: ‘‘This Act [enacting sections 169j–9 and Garner Federal Lands Cleanup Day occurring 169j–10 of this title, amending sections 169j–2, 169j–3, and after August 27, 1986, each Federal land manage- 169j–5 to 169j–8 of this title and sections 4953, 5024, 12591, ment agency shall provide a summary report to 12602, 12615, 12619, 12622, 12651d, 12653, and 12655n of Title Congress briefly outlining the types of activities 42, The Public Health and Welfare, and enacting provi- undertaken; the sites involved; the nature and sions set out as notes under section 169j–5 of this title extent of the volunteer involvement; the cost and section 4953 of Title 42] may be cited as the ‘King savings realized from the program and the over- Holiday and Service Act of 1994’.’’ all success of such agency in observing Carl Gar- SHORT TITLE OF 1989 AMENDMENT ner Federal Lands Cleanup Day. (2) Such reporting requirements shall remain Section 1 of Pub. L. 101–30 provided that: ‘‘This Act [amending this section and sections 169j–2 to 169j–8 of in effect for two years after the submission of this title and enacting provisions set out as notes the first report. under sections 169j–3 and 169j–8 of this title] may be (Pub. L. 99–402, § 4, Aug. 27, 1986, 100 Stat. 911; cited as the ‘Martin Luther King, Jr., Federal Holiday Pub. L. 104–333, div. I, title VIII, § 806, Nov. 12, Commission Extension Act’.’’ 1996, 110 Stat. 4188.) § 169j–1. Martin Luther King, Jr. Federal Holiday REFERENCES IN TEXT Commission This Act, referred to in subsec. (a)(2), is Pub. L. There is established a commission to be 99–402, Aug. 27, 1986, 100 Stat. 910, known as the Federal known as the Martin Luther King, Jr. Federal Lands Cleanup Act of 1985, which enacted this section Holiday Commission (hereinafter in this Act re- and section 169i of this title and provisions set out as ferred to as the ‘‘Commission’’). notes under section 169i of this title. For complete clas- sification of this Act to the Code, see Short Title note (Pub. L. 98–399, § 2, Aug. 27, 1984, 98 Stat. 1473.) set out under section 169i of this title and Tables. REFERENCES IN TEXT AMENDMENTS This Act, referred to in text, is Pub. L. 98–399, Aug. 1996—Pub. L. 104–333 substituted ‘‘Carl Garner Fed- 27, 1984, 98 Stat. 1473, as amended, which enacted sec- eral Lands Cleanup Day’’ for ‘‘Federal Lands Cleanup tions 169j to 169j–10 of this title. For complete classi- Day’’ in section catchline and in subsecs. (a)(1) and (c). fication of this Act to the Code, see Tables.

SECTION REFERRED TO IN OTHER SECTIONS 1 So in original. Probably should be ‘‘Carl Garner Federal Lands Cleanup Day’’. This section is referred to in title 42 section 12653. § 169j–2 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 58

§ 169j–2. Purposes of Martin Luther King, Jr. (c) Appointments; vacancies Federal Holiday Commission (1) Except as provided in paragraphs (2) and The purposes of the Commission are— (3), members of the Commission shall be ap- (1) to encourage appropriate ceremonies and pointed not later than June 1 of each year for activities (including service opportunities) terms of 1 year, and any vacancy in the Commis- throughout the United States relating to the sion shall be filled in the manner in which the observance of the Federal legal holiday honor- original appointment was made. Any vacancy in ing Martin Luther King, Jr., which occurs on the Commission shall not affect its powers. the third Monday in January each year; and (2) Coretta Scott King shall serve as a member (2) to provide advice and assistance to Fed- for life. In the event of a vacancy, her position eral, State, and local governments and to pri- on the Commission shall be filled by a member vate organizations with respect to the observ- of the family surviving Martin Luther King, Jr., ance of such holiday. not already a member of the Commission, who shall be appointed by the family and shall serve (Pub. L. 98–399, § 3, Aug. 27, 1984, 98 Stat. 1473; as a member of the Commission at the discre- Pub. L. 99–284, § 1(a), May 1, 1986, 100 Stat. 406; tion of the family. Pub. L. 101–30, § 2(b)(2), May 17, 1989, 103 Stat. 60; (3) The 2 members of the Commission ap- Pub. L. 103–304, § 2(1), Aug. 23, 1994, 108 Stat. pointed as members of the family surviving Mar- 1565.) tin Luther King, Jr., shall serve as members of AMENDMENTS the Commission at the discretion of the family. 1994—Par. (1). Pub. L. 103–304 inserted ‘‘(including (d) Compensation service opportunities)’’ after ‘‘activities’’. Members of the Commission shall serve with- 1989—Par. (1). Pub. L. 101–30 substituted ‘‘occurs on out pay, but may, subject to the availability of the third Monday in January each year’’ for ‘‘first oc- sufficient funds, be allowed travel expenses, in- curs on January 20, 1986’’. cluding per diem in lieu of subsistence, while 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- ance’’ and ‘‘which occurs’’, respectively. ness in the performance of services for the Com- 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 in which the original appointment was made.’’ pro tempore of the Senate in consultation 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; CONTINUATION OF TERMS OF EXISTING MEMBERS (5) two individuals representing the Martin 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 date of the enactment of this Act [May 17, 1989] shall be porated in the State of Georgia), appointed by considered to have been appointed members for a term such organization; 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 in- § 169j–4. Operations of Martin Luther King, Jr. dividuals representing diverse interest groups, Federal Holiday Commission including individuals representing labor, busi- ness, civil rights, and religious groups, and en- (a) Meetings tertainers; and The Commission shall first meet within 30 (7) the Chief Executive Officer of the Cor- days after August 27, 1984. At this first meeting poration for National and Community Service, the Commission shall elect a chairperson from appointed under section 12651c of title 42. 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 The Commission may encourage the participa- (2), (3), (5), and (6) of subsection (a) of this sec- tion of, and accept, use, and dispose of donations tion shall be of the same political party. of money, property, and personal services from, Page 59 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 169j–7 individuals and public and private organizations REFERENCES IN TEXT to assist the Commission in carrying out its re- The provisions of title 5 governing appointments in sponsibilities under this Act. the competitive service, referred to in subsec. (a), are classified generally to section 3301 et seq. of Title 5, (Pub. L. 98–399, § 5, Aug. 27, 1984, 98 Stat. 1474; Government Organization and Employees. Pub. L. 101–30, § 7, May 17, 1989, 103 Stat. 61.) The General Schedule, referred to in subsec. (a), is set out under section 5332 of Title 5. REFERENCES IN TEXT This Act, referred to in subsecs. (b) and (c), is Pub. L. This Act, referred to in subsec. (b), is Pub. L. 98–399, 98–399, Aug. 27, 1984, 98 Stat. 1473, as amended, which Aug. 27, 1984, 98 Stat. 1473, as amended, which enacted enacted sections 169j to 169j–10 of this title. For com- sections 169j to 169j–10 of this title. For complete classi- plete classification of this Act to the Code, see Tables. fication of this Act to the Code, see Tables. AMENDMENTS AMENDMENTS 1994—Subsec. (a). Pub. L. 103–304, § 2(3)(A), substituted 1989—Subsec. (c). Pub. L. 101–30 struck out subsec. (c) ‘‘rate of pay for level IV of the Executive Schedule which provided that Federal Advisory Committee Act under section 5315’’ for ‘‘maximum rate of pay payable did not apply to Commission. for grade GS–18 of the General Schedule under section 5332’’. § 169j–5. Activities of Martin Luther King, Jr. Subsec. (b)(1). Pub. L. 103–304, § 2(3)(B), inserted at end ‘‘A person who has been detailed under the preceding Federal Holiday Commission sentence for as many as 365 days (continuously or (a) Director and staff intermittently) may not subsequently be detailed to the Commission.’’ The Commission may appoint a director and a 1989—Subsec. (a). Pub. L. 101–30, § 6(b)(2), substituted staff of not more than five persons, without re- ‘‘Subject to the availability of sufficient funds’’ for gard to the provisions of title 5 governing ap- ‘‘Subject to section 169j–6 of this title’’. pointments in the competitive service. Subject Subsec. (c). Pub. L. 101–30, § 4, added subsec. (c). to the availability of sufficient funds, the Com- LIMITATION ON TERMS OF DETAIL mission shall set the rates of pay for the direc- Section 2(3)(C) of Pub. L. 103–304 provided that: ‘‘all tor and staff, except that the director may not Federal employees on loan to the King Commission on be paid at a rate in excess of the rate of pay for the day of enactment of this Act [Aug. 23, 1994] may re- level IV of the Executive Schedule under section main detailed to the Martin Luther King Holiday Com- 5315 of title 5, and no staff member may be paid mission for not more than 365 days;’’. at a rate in excess of the maximum rate of pay payable for grade GS–13 of such General Sched- § 169j–6. Authorization of appropriations ule. There are authorized to be appropriated to (b) Assistance and cooperation of Federal agen- carry out this Act— cies (1) $300,000 for fiscal year 1995; (2) $350,000 for fiscal year 1996; (1) Upon the request of the Commission, the (3) $400,000 for fiscal year 1997; head of any department or agency of the United (4) $450,000 for fiscal year 1998; and States may detail, on a nonreimbursable basis, (5) $500,000 for fiscal year 1999. any of the personnel of such department or agency to the Commission to assist it in carry- (Pub. L. 98–399, § 7, Aug. 27, 1984, 98 Stat. 1474; ing out its responsibilities under this Act. A per- Pub. L. 101–30, § 6(a), May 17, 1989, 103 Stat. 61; son who has been detailed under the preceding Pub. L. 103–304, § 2(4), Aug. 23, 1994, 108 Stat. sentence for as many as 365 days (continuously 1565.) or intermittently) may not subsequently be de- REFERENCES IN TEXT tailed to the Commission. This Act, referred to in text, is Pub. L. 98–399, Aug. (2) Each head of such department or agency is 27, 1984, 98 Stat. 1473, as amended, which enacted sec- authorized to cooperate with and assist the tions 169j to 169j–10 of this title. For complete classi- Commission in carrying out its responsibilities fication of this Act to the Code, see Tables. under this Act. AMENDMENTS (c) Restrictions on Commission activities 1994—Pub. L. 103–304 amended section generally. Prior In carrying out the responsibilities of the to amendment, section read as follows: ‘‘There are au- Commission under this Act, the Commission thorized to be appropriated to carry out this Act shall not make any expenditures, or receive or $300,000 for fiscal year 1989 and each of the 4 succeeding fiscal years.’’ utilize any assistance in the form of the use of 1989—Pub. L. 101–30 amended section generally. Prior office space, personnel, or any other assistance to amendment, section read as follows: ‘‘All expendi- authorized under subsection (b) of this section, tures of the Commission shall be made from donated for any of the following purposes— funds.’’ (A) 1 training activities for the purpose of di- recting or encouraging— § 169j–7. Commission report (i) the organization or implementation of (a) In general campaigns to protest social conditions, and Not later than April 20 of each year, the Com- (ii) any form of civil disobedience. mission shall submit a report to the President (Pub. L. 98–399, § 6, Aug. 27, 1984, 98 Stat. 1474; and the Congress concerning its activities under Pub. L. 101–30, §§ 4, 6(b)(2), May 17, 1989, 103 Stat. this Act or under the National and Community 61; Pub. L. 103–304, § 2(3)(A), (B), Aug. 23, 1994, 108 Service Act of 1990 [42 U.S.C. 12501 et seq.]. Stat. 1565.) (b) Analysis required The Commission shall include in its annual re- 1 So in original. No subpar. (B) has been enacted. port— § 169j–8 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 60

(1) a detailed description of all activities tions 169j to 169j–8 of this title], on April 19, 1989 (sub- undertaken by the Commission; ject to this Act and the amendments made by this Act (2) an analysis of the spending practices of [see Short Title of 1989 Amendment note set out under the Commission indicating how much of the section 169j of this title]).’’ funds of the Commission are dedicated to sala- § 169j–9. Limitations on spending ries, travel expenses, and other overhead costs and how much are dedicated to the stated None of the funds appropriated or donated to goals of the Commission; and the Commission may be used for the purpose of (3) a detailed description of any grants made purchasing first class air travel or first class by the Corporation for National and Commu- hotel accommodations. nity Service with the consultation of the Com- (Pub. L. 98–399, § 10, as added Pub. L. 103–304, mission. § 2(7), Aug. 23, 1994, 108 Stat. 1566.) (Pub. L. 98–399, § 8, Aug. 27, 1984, 98 Stat. 1475; § 169j–10. Accounting procedures Pub. L. 99–284, § 1(b), May 1, 1986, 100 Stat. 406; Pub. L. 101–30, § 5, May 17, 1989, 103 Stat. 61; Pub. The Commission shall follow a comprehensive L. 103–304, § 2(5), Aug. 23, 1994, 108 Stat. 1566.) basis of accounting, as defined by the Comptrol- ler General in B–255473. The Commission shall REFERENCES IN TEXT establish an accounting system for review by This Act, referred to in subsec. (a), is Pub. L. 98–399, the Comptroller General under section 3512 of Aug. 27, 1984, 98 Stat. 1473, as amended, which enacted title 31. The Comptroller General is authorized sections 169j to 169j–10 of this title. For complete classi- to review and audit the Commission, its pro- fication of this Act to the Code, see Tables. grams, activities, operations, and financial The National and Community Service Act of 1990, re- transactions. The Comptroller General, and his ferred to in subsec. (a), is Pub. L. 101–610, Nov. 16, 1990, 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 (Pub. L. 98–399, § 11, as added Pub. L. 103–304, under section 12501 of Title 42 and Tables. § 2(8), Aug. 23, 1994, 108 Stat. 1566.) AMENDMENTS § 169k. Asian/Pacific American Heritage Month 1994—Pub. L. 103–304 inserted section catchline and amended text generally. Prior to amendment, text read (a) Designation as follows: ‘‘Not later than April 20 of each year, the May of each year is designated as ‘‘Asian/Pa- Commission shall submit a report to the President and cific American Heritage Month’’. the Congress concerning its activities under this Act with respect to the most recent observance of the Fed- (b) Federal proclamation eral legal holiday honoring the birthday of Martin Lu- The President is authorized and requested to ther King, Jr.’’ issue annually a proclamation calling on the 1989—Pub. L. 101–30 substituted ‘‘with respect to the people of the United States to observe the most recent observance of the Federal legal holiday month designated in subsection (a) of this sec- honoring the birthday of Martin Luther King, Jr.’’ for 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- lands of the United States, the Commonwealth AMENDMENTS of Puerto Rico, Guam, American Samoa, the 1994—Pub. L. 103–304 substituted ‘‘September 30, 1999’’ Commonwealth of the Northern Mariana Is- for ‘‘April 20, 1994’’. lands, the Republic of the Marshall Islands, the 1989—Pub. L. 101–30 amended section generally, sub- 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- gress finds that— REESTABLISHMENT AFTER TERMINATION ‘‘(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 Page 61 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 171

Asian/Pacific American Heritage Week, providing an Sec. opportunity for the people of the United States to 172. Pledge of allegiance to the flag; manner of de- recognize the history, concerns, contributions, and livery. achievements of Asian and Pacific Americans; 173. Display and use of flag by civilians; codifica- ‘‘(4) in 1990, 1991 and 1992, Congress designated and tion of rules and customs; definition. the President proclaimed the month of May as Asian/ 174. Time and occasions for display. Pacific American Heritage Month; (a) Display on buildings and stationary ‘‘(5) nearly 8,000,000 people in the United States can flagstaffs in open; night display. trace their roots to Asia and the islands of the Pa- (b) Manner of hoisting. cific; and (c) Inclement weather. ‘‘(6) Asian and Pacific Americans have contributed (d) Particular days of display. significantly to the development of the arts, sciences, (e) Display on or near administration government, military, commerce, and education in building of public institutions. the United States.’’ (f) Display in or near polling places. (g) Display in or near schoolhouses. § 169l. National Pearl Harbor Remembrance Day 175. Position and manner of display. 176. Respect for flag. December 7 of each year is designated as ‘‘Na- 177. Conduct during hoisting, lowering or passing tional Pearl Harbor Remembrance Day’’ and the of flag. President is authorized and requested— 178. Modification of rules and customs by Presi- dent. (1) to issue annually a proclamation calling 179. Design for service flag; persons entitled to on the people of the United States to observe display flag. the day with appropriate ceremonies and ac- 180. Design for service lapel button; persons enti- tivities; and tled to wear button. (2) to urge all Federal agencies, and inter- 181. Approval of designs by Secretary of Defense; ested organizations, groups, and individuals, license to manufacture and sell; penalties. 182. Rules and regulations. to fly the flag of the United States at halfstaff 182a to 184. Repealed. each December 7 in honor of the individuals 185. Transferred. who died as a result of their service at Pearl 186. National motto. Harbor. 187. National floral emblem. 188. National march. (Pub. L. 103–308, Aug. 23, 1994, 108 Stat. 1669.) 189. Recognition of National League of Families RECITAL CLAUSES POW/MIA flag. Pub. L. 103–308 upon which this section is based con- § 170. National anthem; Star-Spangled Banner tained several ‘‘Whereas’’ clauses reading as follows: ‘‘Whereas, on December 7, 1941, the Imperial Japanese The composition consisting of the words and Navy and Air Force attacked units of the armed forces music known as The Star-Spangled Banner is of the United States stationed at Pearl Harbor, Hawaii; designated the national anthem of the United ‘‘Whereas more than 2,000 citizens of the United States of America. States were killed and more than 1,000 citizens of the United States were wounded in the attack on Pearl (Mar. 3, 1931, ch. 436, 46 Stat. 1508.) Harbor; CODIFICATION ‘‘Whereas the attack on Pearl Harbor marked the entry of the United States into World War II; Section was formerly classified to section 144 of this ‘‘Whereas the veterans of World War II and all other title. people of the United States commemorate December 7 § 171. Conduct during playing in remembrance of the attack on Pearl Harbor; and ‘‘Whereas commemoration of the attack on Pearl During rendition of the national anthem when Harbor will instill in all people of the United States a the flag is displayed, all present except those in greater understanding and appreciation of the selfless uniform should stand at attention facing the sacrifice of the individuals who served in the armed flag with the right hand over the heart. Men not forces of the United States during World War II * * *.’’ in uniform should remove their headdress with § 169m. National Korean War Veterans Armistice their right hand and hold it at the left shoulder, Day the hand being over the heart. Persons in uni- form should render the military salute at the July 27 of each year until the year 2003 is des- first note of the anthem and retain this position ignated as ‘‘National Korean War Veterans Ar- until the last note. When the flag is not dis- mistice Day’’, and the President is authorized played, those present should face toward the and requested to issue a proclamation calling music and act in the same manner they would if upon the people of the United States to observe the flag were displayed there. such day with appropriate ceremonies and ac- tivities, and to urge the departments and agen- (June 22, 1942, ch. 435, § 6, 56 Stat. 380; Dec. 22, cies of the United States and interested organi- 1942, ch. 806, § 6, 56 Stat. 1077; July 7, 1976, Pub. zations, groups, and individuals to fly the Amer- L. 94–344, § 1(18), 90 Stat. 812.) ican flag at half staff on July 27 of each year AMENDMENTS until the year 2003 in honor of the Americans 1976—Pub. L. 94–344 inserted requirement that during who died as a result of their service in Korea. the rendition of the national anthem when the flag is (Pub. L. 104–19, title II, § 2005, July 27, 1995, 109 displayed, all persons present except those in uniform Stat. 247.) should stand at attention, face the flag, and place the right hand over the heart and men with headdress CHAPTER 10—PATRIOTIC CUSTOMS should remove the headdress and hold it at the left shoulder, the hand being over the heart and when the Sec. flag is not displayed, those present should face the 170. National anthem; Star-Spangled Banner. music and act in the same manner they would if the 171. Conduct during playing. flag were displayed. § 172 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 62

1942—Act Dec. 22, 1942, substituted ‘‘all present Executive Order 10834, referred to in text, is Ex. Ord. should face the flag and salute’’ for ‘‘the salute to the No. 10834, Aug. 21, 1959, 24 F.R. 79, which is set out as flag should be given’’ in last sentence. a note under section 1 of Title 4, Flag and Seal, Seat of Government, and the States. SECTION REFERRED TO IN OTHER SECTIONS AMENDMENTS This section is referred to in section 178 of this title. 1976—Pub. L. 94–344 inserted provisions defining ‘‘flag § 172. Pledge of allegiance to the flag; manner of of the United States’’ for purposes of this chapter ac- delivery cording to sections 1 and 2 of title 4 and Executive Order 10834. The Pledge of Allegiance to the Flag, ‘‘I pledge 1942—Act Dec. 22, 1942, reenacted section without allegiance to the Flag of the United States of change. America, and to the Republic for which it SECTION REFERRED TO IN OTHER SECTIONS stands, one Nation under God, indivisible, with liberty and justice for all.’’, should be rendered This section is referred to in section 178 of this title. by standing at attention facing the flag with the § 174. Time and occasions for display right hand over the heart. When not in uniform men should remove their headdress with their (a) Display on buildings and stationary flagstaffs right hand and hold it at the left shoulder, the in open; night display 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 (June 22, 1942, ch. 435, § 7, 56 Stat. 380; Dec. 22, a patriotic effect is desired, the flag may be dis- 1942, ch. 806, § 7, 56 Stat. 1077; Dec. 28, 1945, ch. played twenty-four hours a day if properly illu- 607, 59 Stat. 668; June 14, 1954, ch. 297, 68 Stat. minated during the hours of darkness. 249; July 7, 1976, Pub. L. 94–344, § 1(19), 90 Stat. (b) Manner of hoisting 813.) The flag should be hoisted briskly and lowered AMENDMENTS ceremoniously. 1976—Pub. L. 94–344 inserted requirement that during (c) Inclement weather 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 heart. (d) Particular days of display 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 hand over the heart.’’ in first sentence, and inserted in February; Easter Sunday (variable); Mother’s sentence ‘‘Such pledge should be rendered by standing Day, second Sunday in May; Armed Forces Day, with the right hand over the heart.’’ third Saturday in May; Memorial Day (half-staff 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- This section is referred to in section 178 of this title. day in November; Christmas Day, December 25; 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 and customs pertaining to the display and use of (e) Display on or near administration building of the flag of the United States of America is es- public institutions tablished 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 title 4 and Executive Order 10834 issued pursuant (g) Display in or near schoolhouses 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, Page 63 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 174

1954, ch. 250, 68 Stat. 168. See section 6103 of Title 5, hours of each day in Flag House Square, Albemarle and Government Organization and Employees. Pratt Streets, Baltimore, Maryland.’’

AMENDMENTS PROC. NO. 4064. DISPLAY OF FLAGS AT THE WASHINGTON MONUMENT 1976—Subsec. (a). Pub. L. 94–344, § 1(2), substituted provision permitting display of the flag for 24 hours a Proc. No. 4064, July 6, 1971, 36 F.R. 12967, provided: day to produce a patriotic effect if flag is properly illu- The Washington Monument stands day and night as minated during the hours of darkness, for provision America’s tribute to our first President. The fifty permitting night display of the flag upon special occa- American flags that encircle the base of the Monument sions when it is desired to produce a patriotic effect. represent our fifty States and, at the same time, sym- Subsec. (c). Pub. L. 94–344, § 1(3), inserted provision bolize our enduring Federal Union. excepting display of all weather flag. As this Nation’s 200th year approaches, I believe that Subsec. (d). Pub. L. 94–344, § 1(4), struck out ‘‘when it would do all Americans well to remember the years 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 VALLEY FORGE STATE PARK, PENNSYLVANIA; DISPLAY of the United States of America, do hereby proclaim OF FLAG that, effective July 4, 1971, the fifty flags of the United 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 il- PROC. NO. 4131. DISPLAY OF FLAG AT UNITED STATES luminated.’’ 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. As the symbol of our country and our freedoms, the resolution to codify and emphasize existing rules and national colors of the United States provide a welcome customs pertaining to the display and use of the flag of greeting of warm promise. the United States of America’, approved June 22, 1942 Many people, however, enter our country at night (36 U.S.C. 171–178), the flag of the United States of when the flag is not flown, because of the nearly uni- America may be flown for twenty-four hours of each versal custom of displaying it only from sunrise to sun- day on the green of the town of Lexington, Massachu- set. setts. The flag may not be flown pursuant to the au- Authority exists to amend that custom. A Congres- thority contained in this Act during the hours from sional joint resolution of June 22, 1942 (56 Stat. 377), as sunset to sunrise unless it is illuminated.’’ 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.’’ I believe it is appropriate that returning citizens and Act Mar. 26, 1954, ch. 109, 68 Stat. 35, provided: ‘‘That visitors from other countries be welcomed by our flag notwithstanding any rule or custom pertaining to the whether they arrive at their ports of entry by night or display of the flag of the United States of America as by day. set forth in the joint resolution entitled ‘Joint resolu- NOW, THEREFORE, I, RICHARD NIXON, President tion to codify and emphasize existing rules and cus- of the United States of America, do hereby proclaim toms pertaining to the display and use of the flag of the that the flag of the United States of America shall United States of America’, approved June 22, 1942, as hereafter be displayed at all times during the day and amended [sections 171 to 178 of this title], authority is night, except when the weather is inclement, at United hereby conferred on the appropriate officer of the State States Customs ports of entry which are continually of Maryland to permit the flying of the flag of the open. United States for twenty-four hours of each day in Flag The rules and customs pertaining to the display of House Square, Albemarle and Pratt Streets, Baltimore, the flag, as set forth in the joint resolution of June 22, Maryland. 1942, as amended, are hereby modified accordingly. ‘‘SEC. 2. Subject to the provisions of section 3 of the IN WITNESS WHEREOF, I have hereunto set my joint resolution of June 22, 1942, as amended [section hand this fifth day of May, in the year of our Lord nine- 175 of this title], authority is also conferred on the ap- teen hundred seventy-two, and of the Independence of propriate officer of the State of Maryland to permit the the United States of America the one hundred ninety- flying of a replica of the flag of the United States sixth. which was in use during the War of 1812 for twenty-four RICHARD NIXON. § 175 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 64

CROSS REFERENCES placed at the peak of the staff unless the flag is National observances, display of flag on, see section at half staff. When the flag is suspended over a 141 et seq. of this title. sidewalk from a rope extending from a house to a pole at the edge of the sidewalk, the flag SECTION REFERRED TO IN OTHER SECTIONS should be hoisted out, union first, from the This section is referred to in section 178 of this title. building. (i) When displayed either horizontally or verti- § 175. Position and manner of display cally against a wall, the union should be upper- The flag, when carried in a procession with an- most and to the flag’s own right, that is, to the other flag or flags, should be either on the observer’s left. When displayed in a window, the 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. (l) The flag should form a distinctive feature play the flag of the United Nations or any other of the ceremony of unveiling a statue or monu- national or international flag equal, above, or in ment, but it should never be used as the cover- a position of superior prominence or honor to, or ing for the statue or monument. in place of, the flag of the United States at any (m) The flag, when flown at half-staff, should place within the United States or any Territory be first hoisted to the peak for an instant and or possession thereof: Provided, That nothing in then lowered to the half-staff position. The flag this section shall make unlawful the continu- should be again raised to the peak before it is ance of the practice heretofore followed of dis- lowered for the day. On Memorial Day the flag playing the flag of the United Nations in a posi- should be displayed at half-staff until noon only, tion of superior prominence or honor, and other then raised to the top of the staff. By order of national flags in positions of equal prominence the President, the flag shall be flown at half- or honor, with that of the flag of the United staff upon the death of principal figures of the States at the headquarters of the United Na- United States Government and the Governor of tions. a State, territory, or possession, as a mark of re- (d) The flag of the United States of America, spect to their memory. In the event of the death when it is displayed with another flag against a of other officials or foreign dignitaries, the flag wall from crossed staffs, should be on the right, is to be displayed at half-staff according to Pres- the flag’s own right, and its staff should be in idential instructions or orders, or in accordance front of the staff of the other flag. with recognized customs or practices not incon- (e) The flag of the United States of America sistent with law. In the event of the death of a should be at the center and at the highest point present or former official of the government of of the group when a number of flags of States or any State, territory, or possession of the United localities or pennants of societies are grouped States, the Governor of that State, territory, or and displayed from staffs. possession may proclaim that the National flag (f) When flags of States, cities, or localities, or shall be flown at half-staff. The flag shall be pennants of societies are flown on the same hal- flown at half-staff thirty days from the death of yard with the flag of the United States, the lat- the President or a former President; ten days ter should always be at the peak. When the flags from the day of death of the Vice President, the are flown from adjacent staffs, the flag of the Chief Justice or a retired Chief Justice of the United States should be hoisted first and low- United States, or the Speaker of the House of ered last. No such flag or pennant may be placed Representatives; from the day of death until in- above the flag of the United States or to the terment of an Associate Justice of the Supreme United States flag’s right. Court, a Secretary of an executive or military (g) When flags of two or more nations are dis- department, a former Vice President, or the played, they are to be flown from separate staffs Governor of a State, territory, or possession; of the same height. The flags should be of ap- and on the day of death and the following day proximately equal size. International usage for- for a Member of Congress. The flag shall be bids the display of the flag of one nation above flown at halfstaff on Peace Officers Memorial that of another nation in time of peace. Day, unless that day is also Armed Forces Day. (h) When the flag of the United States is dis- As used in this subsection— played from a staff projecting horizontally or at (1) the term ‘‘half-staff’’ means the position an angle from the window sill, balcony, or front of the flag when it is one-half the distance be- of a building, the union of the flag should be tween the top and bottom of the staff; Page 65 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 175

(2) the term ‘‘executive or military depart- PROC. NO. 3044. DISPLAY OF FLAG AT HALF-STAFF UPON ment’’ means any agency listed under sections DEATH OF CERTAIN OFFICIALS AND FORMER OFFICIALS 101 and 102 of title 5; and Proc. No. 3044, Mar. 1, 1954, 19 F.R. 1235, as amended (3) the term ‘‘Member of Congress’’ means a by Proc. No. 3948, Dec. 12, 1969, 34 F.R. 19699, provided: Senator, a Representative, a Delegate, or the WHEREAS it is appropriate that the flag of the Resident Commissioner from Puerto Rico. United States of America be flown at half-staff on Fed- eral buildings, grounds, and facilities upon the death of (n) When the flag is used to cover a casket, it principal officials and former officials of the Govern- should be so placed that the union is at the head ment of the United States and the Governors of the and over the left shoulder. The flag should not States, Territories, and possessions of the United be lowered into the grave or allowed to touch States as a mark of respect to their memory; and WHEREAS it is desirable that rules be prescribed for the ground. the uniform observance of this mark of respect by all (o) When the flag is suspended across a cor- executive departments and agencies of the Govern- ridor or lobby in a building with only one main ment, and as a guide to the people of the Nation gener- entrance, it should be suspended vertically with ally on such occasions: the union of the flag to the observer’s left upon NOW, THEREFORE, I, DWIGHT D. EISENHOWER, entering. If the building has more than one main President of the United States of America and Com- entrance, the flag should be suspended vertically mander in Chief of the armed forces of the United near the center of the corridor or lobby with the States, do hereby prescribe and proclaim the following rules with respect to the display of the flag of the union to the north, when entrances are to the United States of America at half-staff upon the death east and west or to the east when entrances are of the officials hereinafter designated: to the north and south. If there are entrances in 1. The flag of the United States shall be flown at half- more than two directions, the union should be to staff on all buildings, grounds, and naval vessels of the the east. Federal Government in the District of Columbia and throughout the United States and its Territories and (June 22, 1942, ch. 435, § 3, 56 Stat. 378; Dec. 22, possessions for the period indicated upon the death of 1942, ch. 806, § 3, 56 Stat. 1075; July 9, 1953, ch. 183, any of the following-designated officials or former offi- 67 Stat. 142; July 7, 1976, Pub. L. 94–344, cials of the United States: § 1(6)–(11), 90 Stat. 810, 811; Sept. 13, 1994, Pub. L. (a) The President or a former President: for thirty 103–322, title XXXII, § 320922(b), 108 Stat. 2131.) days from the day of death. The flag shall also be flown at half-staff for such pe- AMENDMENTS riod at all United States embassies, legations, and other facilities abroad, including all military facilities 1994—Subsec. (m). Pub. L. 103–322 inserted before last and naval vessels and stations. sentence ‘‘The flag shall be flown at halfstaff on Peace (b) The Vice President, the Chief Justice or a retired Officers Memorial Day, unless that day is also Armed Chief Justice of the United States, or the Speaker of Forces Day.’’ the House of Representatives: for ten days from the day 1976—Subsec. (b). Pub. L. 94–344, § 1(6), substituted of death. ‘‘right fender’’ for ‘‘radiator cap’’. (c) An Associate Justice of the Supreme Court, a Subsec. (f). Pub. L. 94–344, § 1(7), substituted ‘‘to the member of the Cabinet, a former Vice President, the United States flag’s right’’ for ‘‘to the right of the flag President pro tempore of the Senate, the Majority of the United States’’. Leader of the Senate, the Minority Leader of the Sen- Subsec. (i). Pub. L. 94–344, § 1(8), substituted require- ate, the Majority Leader of the House of Representa- ment that when the flag is displayed horizontally or tives, or the Minority Leader of the House of Rep- vertically against a wall or in a window, the union resentatives: from the day of death until interment. should be uppermost and to the flag’s own right for re- 2. The flag of the United States shall be flown at half- quirement that when the flag is displayed otherwise staff on all buildings, grounds, and naval vessels of the than from a staff, it should be displayed flat, whether Federal Government in the metropolitan area of the indoors or out, or so suspended that it falls as free as District of Columbia on the day of death and on the fol- though it were staffed. lowing day upon the death of a United States Senator, Subsec. (k). Pub. L. 94–344, § 1(9), struck out provi- Representative, Territorial Delegate, or the Resident sions relating to flag position when displayed on a staff Commissioner from the Commonwealth of Puerto Rico, in the chancel of a church or speaker’s platform of an and it shall also be flown at half-staff on all buildings, auditorium. grounds, and naval vessels of the Federal Government Subsec. (m). Pub. L. 94–344, § 1(10), inserted provisions in the State, Congressional District, Territory, or Com- relating to half-staff display of the flag on Memorial monwealth of such Senator, Representative, Delegate, Day and upon the death of principal figures of the or Commissioner, respectively, from the day of death United States government and State governments and until interment. definitions of terms therein and struck out provisions 3. The flag of the United States shall be flown at half- relating to the affixing of crepe streamers to spear- staff on all buildings and grounds of the Federal Gov- heads and flagstaffs in a parade only on the order of the ernment in a State, Territory, or possession of the President. United States upon the death of the Governor of such Subsec. (o). Pub. L. 94–344, § 1(11), added subsec. (o). State, Territory, or possession from the day of death 1953—Subsec. (c). Act July 9, 1953, inserted second until interment. sentence. 4. In the event of the death of other officials, former 1942—Subsecs. (i) and (m). Act Dec. 22, 1942, inserted officials, or foreign dignitaries, the flag of the United ‘‘or so suspended that its folds fall as free as though the States shall be displayed at half-staff in accordance flag were staffed’’ to subsec. (i) and omitted therefrom with such orders or instructions as may be issued by or provisions covering display against a wall or in a win- at the direction of the President, or in accordance with dow, and substituted ‘‘lowering’’ for ‘‘hauling’’ in third recognized customs or practices not inconsistent with sentence of subsec. (m). law. 5. The heads of the several departments and agencies FLAG HOUSE SQUARE, BALTIMORE, MARYLAND; DISPLAY of the Government may direct that the flag of the OF REPLICA OF FLAG USED IN WAR OF 1812; TIME 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. § 176 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 66

IN WITNESS WHEREOF, I have hereunto set my should be destroyed in a dignified way, pref- hand and caused the Seal of the United States of Amer- erably by burning. ica to be affixed. DONE at the City of Washington this 1st day of (June 22, 1942, ch. 435, § 4, 56 Stat. 379; Dec. 22, March in the year of our Lord nineteen hundred 1942, ch. 806, § 4, 56 Stat. 1076; July 7, 1976, Pub. and fifty-four, and of the Independence of the L. 94–344, § 1(12)–(16), 90 Stat. 812.) United States of America the one hundred and seventy-eighth. AMENDMENTS [SEAL] 1976—Par. (a). Pub. L. 94–344, § 1(12), inserted reference DWIGHT D. EISENHOWER. to instances of extreme danger to life or property. Par. (d). Pub. L. 94–344, § 1(13), inserted requirement SECTION REFERRED TO IN OTHER SECTIONS 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- mit’’ for ‘‘will permit’’. § 176. Respect for flag 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. Pars. (j), (k). Pub. L. 94–344, § 1(16), added par. (j) and not be dipped to any person or thing. Regimen- 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, pic- ture, 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’’. cushions or handkerchiefs and the like, printed 1942—Act Dec. 22, 1942, substituted ‘‘military salute,’’ 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 patriotic organizations. The flag represents a This section is referred to in section 178 of this title. 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- Page 67 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 180 pealed, or additional rules with respect thereto stationary flagstaffs in the open. However, the flag may be prescribed, by the Commander in Chief may be displayed at night upon special occasions when of the Armed Forces of the United States, when- it is desired to produce a patriotic effect. ever he deems it to be appropriate or desirable; * * * * * and any such alteration or additional rule shall be set forth in a proclamation. ‘‘SEC. 8. Any rule or custom pertaining to the display of the flag of the United States of America, set forth (June 22, 1942, ch. 435, § 8, 56 Stat. 380; Dec. 22, herein, may be altered, modified, or repealed, or addi- 1942, ch. 806, § 8, 56 Stat. 1077; July 7, 1976, Pub. tional rules with respect thereto may be prescribed, by L. 94–344, § 1(20), 90 Stat. 813.) the Commander in Chief of the Army and Navy of the United States, whenever he deems it to be appropriate REFERENCES IN TEXT or desirable; and any such alteration or additional rule Herein, referred to in text, means act June 22, 1942, shall be set forth in a proclamation.’’; and which is classified to sections 171 to 178 of this title. WHEREAS the White House is a house that belongs to all the people; and AMENDMENTS WHEREAS the White House, as the home of the 1976—Pub. L. 94–344 substituted ‘‘Armed Forces’’ for President and his family, symbolizes the love of home ‘‘Army and Navy’’. and family which has long characterized our people; 1942—Act Dec. 22, 1942, reenacted section without and change. WHEREAS it is customary for many of our own citi- 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 rep- resentation 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 for the Territories and possessions of the United The Secretary of Defense is authorized and di- States, or similar purposes, shall be considered a proper rected to approve a design for a service flag, 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, should, by force of circumstances, be diverted to the or- riod of war or hostilities in which the Armed dinary channels of domestic trade, no person shall be Forces of the United States may be engaged. 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 possessing, transporting, displaying, selling or other- 1953—Act May 27, 1953, substituted ‘‘Secretary of De- wise transferring any such article or product solely be- fense’’ for ‘‘Secretary of War’’ and ‘‘any period of war cause the label, package, carton, case, or other con- or hostilities in which the Armed Forces of the United tainer bears the flag of the United States or any rep- States may be engaged’’ for ‘‘the current war’’. resentation thereof. SECTION REFERRED TO IN OTHER SECTIONS PROC. NO. 4000. DISPLAY OF FLAG AT WHITE HOUSE This section is referred to in sections 181, 182 of this Proc. No. 4000, Sept. 4, 1970, 35 F.R. 14187, provided: title. WHEREAS the joint resolution of Congress of June 22, 1942, entitled ‘‘Joint Resolution to Codify and Em- § 180. Design for service lapel button; persons en- phasize Existing Rules and Customs Pertaining to the titled to wear button 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- cember 22, 1942, 56 Stat. 1074 [sections 173 to 178 of this and directed to approve a design for a service title], contains the following provisions: lapel button, which button may be worn by ‘‘SEC. 2. (a) It is the universal custom to display the members of the immediate family of a person flag only from sunrise to sunset on buildings and on serving in the armed forces of the United States § 181 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 68 during any period of war or hostilities in which Section 182d, acts Aug. 1, 1947, ch. 426, § 4, 61 Stat. 710; the Armed Forces of the United States may be Aug. 21, 1951, ch. 339, 65 Stat. 195, related to penalties engaged. applicable for misuse of gold star lapel button. (Oct. 17, 1942, ch. 615, § 2, 56 Stat. 796; May 27, §§ 183, 184. Repealed. Pub. L. 85–857, § 14(84), 1953, ch. 70, 67 Stat. 35.) Sept. 2, 1958, 72 Stat. 1272

AMENDMENTS Section 183, act Nov. 22, 1943, ch. 301, § 1, 57 Stat. 590, 1953—Act May 27, 1953, substituted ‘‘Secretary of De- authorized a gift to relative of a person who died while fense’’ for ‘‘Secretary of War’’ and ‘‘any period of war in military or naval service of United States flag used or hostilities in which the Armed Forces of the United at such member’s funeral. See section 2301 of Title 38, States may be engaged’’ for ‘‘the current war’’. Veterans’ Benefits. Section 184, act Nov. 22, 1943, ch. 301, § 2, 57 Stat. 591, SECTION REFERRED TO IN OTHER SECTIONS authorized prescription of regulations and appropria- tions for purposes of section 183 of this title. This section is referred to in sections 181, 182 of this 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 CODIFICATION lapel button, he shall cause notice thereof, to- Section, act Apr. 17, 1952, ch. 216, 66 Stat. 64, which re- gether with a description of the approved flag lated to National Day of Prayer, was transferred to sec- and button, to be published in the Federal Reg- tion 169h of this title. ister. Thereafter any person may apply to the Secretary of Defense for a license to manufac- § 186. National motto ture and sell the approved service flag, or the The national motto of the United States is de- approved service lapel button, or both. Any per- clared to be ‘‘In God we trust.’’ son, firm, or corporation who manufactures any such service flag or service lapel button without (July 30, 1956, ch. 795, 70 Stat. 732.) having first obtained such a license, or other- wise 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- (Pub. L. 99–449, Oct. 7, 1986, 100 Stat. 1128.) fense’’ for ‘‘Secretary of War’’. 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: § 182. Rules and regulations Americans have always loved the flowers with which 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 essary to carry out the provisions of sections 179 of man and woman, for the love of mankind and God, to 182 of this title. for the love of country, Americans who would speak the 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 1953, ch. 70, 67 Stat. 35.) reveals that the rose has existed in America for age upon age. We have always cultivated roses in our gar- AMENDMENTS dens. Our first President, George Washington, bred 1953—Act May 27, 1953, substituted ‘‘Secretary of De- roses, and a variety he named after his mother is still fense’’ for ‘‘Secretary of War’’. grown today. The White House itself boasts a beautiful Rose Garden. We grow roses in all our fifty States. We SECTION REFERRED TO IN OTHER SECTIONS find roses throughout our art, music, and literature. This section is referred to in section 181 of this title. We decorate our celebrations and parades with roses. Most of all, we present roses to those we love, and we §§ 182a to 182d. Repealed. Pub. L. 89–534, § 2, Aug. lavish them on our altars, our civil shrines, and the 11, 1966, 80 Stat. 345 final resting places of our honored dead. The American people have long held a special place in Section 182a, acts Aug. 1, 1947, ch. 426, § 1, 61 Stat. 710; their hearts for roses. Let us continue to cherish them, Aug. 21, 1951, ch. 339, 65 Stat. 195, related to creation of to honor the love and devotion they represent, and to gold star lapel button. See section 1126 of Title 10, bestow them on all we love just as God has bestowed Armed Forces. them on us. Section 182b, acts Aug. 1, 1947, ch. 426, § 2, 61 Stat. 710; The Congress, by Senate Joint Resolution 159 [Pub. L. Aug. 21, 1951, ch. 339, 65 Stat. 195, related to eligibility 99–449, 36 U.S.C. 187], has designated the rose as the Na- for gold star lapel button. See section 1126 of Title 10. tional Floral Emblem of the United States and author- Section 182c, acts Aug. 1, 1947, ch. 426, § 3, 61 Stat. 710; ized and requested the President to issue a proclama- Aug. 21, 1951, ch. 339, 65 Stat. 195, related to definitions tion declaring this fact. with regard to gold star lapel button. See section 1126 NOW, THEREFORE, I, RONALD REAGAN, President of Title 10. of the United States of America, do hereby proclaim Page 69 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 202 the rose as the National Floral Emblem of the United Sec. States of America. 202. Objects and purposes of corporation. IN WITNESS WHEREOF, I have hereunto set my 203. Membership. hand this twentieth day of November, in the year of our 204. Prohibition against issuance of stock or busi- Lord nineteen hundred and eighty-six, and of the Inde- ness activities; completion of organization. pendence of the United States of America the two hun- 205. Powers of corporation. dred and eleventh. 206. Exclusive right to name, insignia, copyrights, emblems and badges. RONALD REAGAN. 207. Annual report. 208. Reservation of right to amend or repeal chap- § 188. National march ter. The composition by John Philip Sousa en- § 201. Corporation created titled ‘‘The Stars and Stripes Forever’’ is hereby designated as the national march of the United The following-named persons, to wit: Harold States of America. F. Wood, of Alabama; J. M. Morris, of Arizona; Rex P. Hayes, of Arkansas; Bertrand Rhine, of (Pub. L. 100–186, Dec. 11, 1987, 101 Stat. 1286.) California; J. A. Smethills, of Colorado; W. T. § 189. Recognition of National League of Families Gilbert, of Connecticut; William J. Simpson, of POW/MIA flag Delaware; Zack T. Mosley, of Florida; J. L. Dob- bins, of Georgia; Leverett Davis, of Idaho; Gor- The National League of Families POW/MIA don A. DaCosta, of Illinois; Walker W. Winslow, flag is hereby recognized officially and des- of Indiana; Don C. Johnston, of Iowa; J. Howard ignated as the symbol of our Nation’s concern Wilcox, of Kansas; W. S. Rinehart, of Kentucky; and commitment to resolving as fully as pos- Richard G. Jones, of Louisiana; Guy P. Gannett, sible the fates of Americans still prisoner, miss- of Maine; Edward R. Fenimore, of Maryland; ing and unaccounted for in Southeast Asia, thus John Shennett, of Massachusetts; Ray R. Baker, ending the uncertainty for their families and of Michigan; Clayton N. Wulff, of Minnesota; J. the Nation. R. Dowd, of Mississippi; L. W. Greene, of Mis- (Pub. L. 101–355, § 2, Aug. 10, 1990, 104 Stat. 416.) souri; Roy W. Milligan, of Montana; Rudy C. Mueller, of Nebraska; Eugene H. Howell, of Ne- DISPLAY OF POW/MIA FLAG vada; John F. Brown, of New Hampshire; Frank Pub. L. 102–190, div. A, title X, § 1084, Dec. 5, 1991, 105 D. Carvin, of New Jersey; Lewis W. Graham, of Stat. 1482, provided that: New Mexico; Stuart C. Welch, of New York; ‘‘(a) DISPLAY OF POW/MIA FLAG.—The POW/MIA flag, Frank E. Dawson, of North Carolina; Irven A. having been recognized and designated in section 2 of Myhra, of North Dakota; George A. Stone, of Public Law 101–355 (104 Stat. 416) [36 U.S.C. 189] as the Ohio; W. H. Shockey, of Oklahoma; G. Robert symbol of the Nation’s concern and commitment to re- Dodson, of Oregon; Phillip F. Neuweiler, of solving as fully as possible the fates of Americans still Pennsylvania; Norris W. Rakestraw, of Rhode Is- prisoner, missing, and unaccounted for, thus ending the uncertainty for their families and the Nation, shall be land; Dexter C. Martin, of South Carolina; displayed— James R. Barnett, of South Dakota; W. C. ‘‘(1) at each national cemetery and at the National Whelen, of Tennessee; D. Harold Byrd, of Texas; Vietnam Veterans Memorial each year on Memorial Joseph D. Bergin, of Utah; William V. Mason, of Day and Veterans Day and on any day designated by Vermont; Allan C. Perkinson, of Virginia; E. R. law as National POW/MIA Recognition Day; and Schiller, of Washington; Hubert H. Stark, of ‘‘(2) on, or on the grounds of, the buildings specified West Virginia; John F. Stratton, of Wisconsin; in subsection (b) on any day designated by law as Na- and Albert W. Dickinson, Junior, of Wyoming, tional POW/MIA Recognition Day. and their associates and successors, are incor- ‘‘(b) SPECIFIED BUILDINGS FOR FLAG DISPLAY.—The buildings referred to in subsection (a)(2) are the build- porated and declared to be a body corporate by ings containing the primary offices of— the name of the Civil Air Patrol (hereinafter re- ‘‘(1) the Secretary of State; ferred to as the ‘‘corporation’’). ‘‘(2) the Secretary of Defense; ‘‘(3) the Secretary of Veterans Affairs; and (July 1, 1946, ch. 527, § 1, 60 Stat. 346.) ‘‘(4) the Director of the Selective Service System. SECTION REFERRED TO IN OTHER SECTIONS ‘‘(c) PROCUREMENT AND DISTRIBUTION OF FLAGS.— This section is referred to in sections 204, 206 of this Within 30 days after the date of the enactment of this title. Act [Dec. 5, 1991], the Administrator of General Serv- ices shall procure POW/MIA flags and distribute them § 202. Objects and purposes of corporation as necessary to carry out this section. ‘‘(d) TERMINATION OF FLAG DISPLAY REQUIREMENT.— The objects and purposes of the corporation Subsection (a) shall cease to apply upon a determina- shall be— tion by the President that the fullest possible account- (a) To provide an organization to encourage ing has been made of all members of the Armed Forces and aid American citizens in the contribution of and civilian employees of the United States who have their efforts, services, and resources in the de- been identified as prisoner of war or missing in action in Southeast Asia. velopment of aviation and in the maintenance of ‘‘(e) POW/MIA FLAG DEFINED.—As used in this sec- air supremacy, and to encourage and develop by tion, the term ‘POW/MIA flag’ means the National example the voluntary contribution of private League of Families POW/MIA flag recognized officially citizens to the public welfare; and designated by section 2 of Public Law 101–355 (104 (b) To provide aviation education and training Stat. 416).’’ especially to its senior and cadet members; to encourage and foster civil aviation in local com- CHAPTER 11—CIVIL AIR PATROL munities and to provide an organization of pri- Sec. vate citizens with adequate facilities to assist in 201. Corporation created. meeting local and national emergencies. § 203 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 70

(July 1, 1946, ch. 527, § 2, 60 Stat. 346.) § 206. Exclusive right to name, insignia, copy-

CROSS REFERENCES rights, emblems and badges Citizenship clause, see Const. Amend. 14, § 1. The corporation shall have the sole and exclu- sive right to the name ‘‘Civil Air Patrol’’ and to SECTION REFERRED TO IN OTHER SECTIONS have and to use, in carrying out its purposes, all This section is referred to in sections 201, 206 of this insignia, copyrights, emblems and badges, de- title; title 10 section 9441. scriptive or designating marks, and words or § 203. Membership phrases now or prior to July 1, 1946 used by the Civil Air Patrol in carrying out its program: Eligibility for membership in the corporation Provided, however, That no powers or privileges and the rights and privileges of members shall herein granted shall interfere or conflict with be determined according to the constitution and established or vested rights. bylaws of the corporation: Provided, That the original members shall consist of the present (July 1, 1946, ch. 527, § 6, 60 Stat. 347.) Civil Air Patrol membership, numbering more REFERENCES IN TEXT than one hundred thousand senior and cadet Herein, referred to in text, means act July 1, 1946, members. which is classified to sections 201 to 208 of this title. (July 1, 1946, ch. 527, § 3, 60 Stat. 346.) SECTION REFERRED TO IN OTHER SECTIONS SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 201 of this title. This section is referred to in sections 201, 206 of this title. § 207. Annual report § 204. Prohibition against issuance of stock or The corporation shall make and transmit to business activities; completion of organiza- Congress each year a report of its proceedings tion and activities for the preceding calendar year. (a) The corporation shall have no power to (July 1, 1946, ch. 527, § 7, 60 Stat. 347.) issue capital stock or engage in business for pe- SECTION REFERRED TO IN OTHER SECTIONS cuniary profit or gain, its objects and purposes being solely of a benevolent character and not This section is referred to in sections 201, 206 of this title. for the pecuniary profit or gain of its members. (b) The persons named in section 201 of this § 208. Reservation of right to amend or repeal title, their associates, and successors are au- chapter thorized to complete the organization of the cor- poration by the selection of officers, the adop- The right to alter, amend, or repeal this chap- tion of a constitution and bylaws, the promulga- ter is expressly reserved. tion of rules or regulations that may be nec- (July 1, 1946, ch. 527, § 8, 60 Stat. 347.) essary for the accomplishment of the purposes of this corporation, and the doing of such other SECTION REFERRED TO IN OTHER SECTIONS acts as may be necessary for such purposes. This section is referred to in sections 201, 206 of this title. (July 1, 1946, ch. 527, § 4, 60 Stat. 347.)

SECTION REFERRED TO IN OTHER SECTIONS CHAPTER 12—RESERVE OFFICERS ASSOCIATION This section is referred to in sections 201, 206 of this title. Sec. 221. Corporation created. § 205. Powers of corporation 222. Completion of organization. The corporation shall have perpetual succes- 223. Object and purpose of corporation. sion and power— 224. Powers of corporation. 225. Membership. (a) To sue and be sued; 226. Officers. (b) To acquire, hold, mortgage, and dispose of 227. National executive committee. such real and personal property as may be nec- (a) Composition. essary for its corporate purposes; (b) Election of national officers; tenure; (c) To accept gifts, legacies, and devises which appointments. will further the corporate purposes; (c) Composition of national convention. (d) To adopt and alter a corporate seal; (d) Composition of initial national execu- (e) To adopt and alter a constitution, bylaws, tive committee. rules and regulations, not inconsistent with law; (e) Voting. 228. Acquisition of assets and liabilities of exist- (f) To establish and maintain offices for the ing association. conduct of the affairs of the corporation in the 229. Prohibition against issuance of stock or busi- District of Columbia and in the several States ness activities. and Territories of the United States; 230. Nonpolitical nature of corporation. (g) To do any and all acts and things necessary 231. Distribution of income or assets to members. and proper to carry into effect the objects and 232. Liability for acts of officers and agents. purposes of the corporation. 233. Books and records; inspection. 234. Loans to officers; liability. (July 1, 1946, ch. 527, § 5, 60 Stat. 347.) 235. Repealed. 236. Headquarters; agent for service of process. SECTION REFERRED TO IN OTHER SECTIONS 237. Agents for service of process. This section is referred to in sections 201, 206 of this 238. Exclusive right to name, seals, emblems, and title. badges. Page 71 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 226

Sec. membership of the Reserve Officers Association 239. Reservation of right to amend or repeal chap- of the United States, an unincorporated associa- ter. tion with national headquarters in the District § 221. Corporation created of Columbia, met in national convention in Den- ver, Colorado, on June 16, 17, 18, and 19, 1948, and The following-named persons, to wit, Colonel then and there, by and through duly elected Clarence E. Barnes, Military Intelligence Re- delegates, adopted a national constitution and serve, Guthrie, Oklahoma; Colonel Henry G. bylaws, elected national officers for such asso- Nulton, Infantry Reserve, 2 Broad Street, Eliza- ciation, and did other acts and things necessary beth, New Jersey; Colonel Horace B. Hanson, to the organization and continuance of the asso- Junior, Corps of Engineers Reserve, 700 Eighth ciation. Such meeting in national convention, Terrace, West Birmingham 4, Alabama; Briga- and the doing of such acts and things, on such dier General Donald B. Adams, Organized Re- dates, shall be held and considered to be a com- serve Corps, 391 Beachmont Drive, New Ro- chelle, New York; Commander John P. Bracken, pletion of the corporate organization of the Re- United States Naval Reserve, 2107 Fidelity- serve Officers Association of the United States, Philadelphia Trust Building, Philadelphia 9, the corporation created by this chapter. Pennsylvania; Captain Robert A. Hall, United (June 30, 1950, ch. 431, § 2, 64 Stat. 313.) States Marine Corps Reserve, 4229 Emerson Street, Dallas, Texas; Captain Jesse Draper, § 223. Object and purpose of corporation United States Naval Reserve, Grant Building, The object and purpose of the corporation Atlanta, Georgia; Colonel Morris J. Brummer, shall be to support a military policy for the United States Air Force Reserve, 2017 Mariposa United States that will provide adequate na- Street, Fresno, California; Captain Milton tional security and to promote the development Zacharias, United States Air Force Reserve, 241 and execution thereof. North Broadview, Wichita, Kansas; Captain Richard L. Wynes, United States Air Force Re- (June 30, 1950, ch. 431, § 3, 64 Stat. 313.) serve, 2360 Coates Street, Dubuque, Iowa; Lieu- § 224. Powers of corporation tenant Colonel Thomas H. King, Judge Advocate Generals Corps, Reserve, 5024 Bradley Boule- The corporation shall have perpetual succes- vard, Chevy Chase, Maryland; Major Guilford D. sion and power— Cummings, Junior, Corps of Engineers Reserve, (1) to sue and be sued; 2317 Stary Avenue, Schenectady, New York; (2) to acquire, hold, lease, and dispose of Lieutenant Colonel Harry P. Abbott, Chaplain such real and personal property as may be nec- Reserve, 6510 Cautrell Road, Little Rock, Arkan- essary to carry out the corporate object and sas; Colonel Edward M. Silverberg, Dental Corps purpose; Reserve, 809 Republic Building, Denver 2, Colo- (3) to accept gifts, legacies, and devises in rado; Colonel Eugene P. Walters, Field Artillery furtherance of the corporate object and pur- Reserve, First Military Government Battalion, pose; A.P.O. 154, care of Postmaster, New York, New (4) to adopt and alter a corporate seal; York; Lieutenant Commander L. R. Smith, (5) to adopt and alter a constitution and by- United States Naval Reserve, E. S. S.- laws not inconsistent with the laws of the INDGHQ–SCAP, A. P. O. 500, San Francisco, United States or of any State; California; Colonel William H. Neblett, United (6) to establish, regulate, and discontinue States Air Force Reserve, 815 Fifteenth Street subordinate departmental subdivisions and Northwest, Washington, District of Columbia; local chapters; Brigadier General E. A. Evans, Organized Re- (7) to adopt and alter emblems and badges; serve Corps, 6336 Thirty-first Place Northwest, (8) to publish a newspaper, magazine, or Washington, District of Columbia; Colonel C. M. other publications; and Boyer, Honorary Reserve, 3518 South Utah (9) to do any and all acts and things nec- Street, Fairlington, Virginia; Colonel John P. essary and proper to carry out the object and Oliver, Judge Advocates General Corps, Reserve, purpose of the corporation. 4524 Fulton Avenue, Van Nuys, California; Colo- nel John T. Carlton, Armored Cavalry Reserve, (June 30, 1950, ch. 431, § 4, 64 Stat. 313.) 1617 Crestwood Drive, Alexandria, Virginia, § 225. Membership their successors, and persons admitted to mem- bership pursuant to the provisions of this chap- Eligibility for membership in the corporation ter, are created a body corporate by the name of shall be determined according to the constitu- Reserve Officers Association of the United tion and bylaws of the corporation. States (hereinafter referred to as the ‘‘corpora- (June 30, 1950, ch. 431, § 5, 64 Stat. 313.) tion’’), and by such name shall be known, and have perpetual succession and the powers, limi- § 226. Officers tations, and restrictions contained in this chap- ter. Officers of the corporation shall be a presi- dent, three vice presidents, three junior vice (June 30, 1950, ch. 431, § 1, 64 Stat. 312.) presidents, three national executive committee- SECTION REFERRED TO IN OTHER SECTIONS men, an executive director, a national treasurer, This section is referred to in section 222 of this title. judge advocate, surgeon, chaplain, historian, public relations officer, and such other officers § 222. Completion of organization as may be determined in national convention by the corporation. A majority of the persons named in section 221 of this title and other persons selected from the (June 30, 1950, ch. 431, § 6, 64 Stat. 313.) § 227 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 72

§ 227. National executive committee (e) Voting (a) Composition In conducting the official business of any de- The governing body of the corporation shall be partment or chapter each active member of such a national executive committee consisting of department or chapter shall have one vote. the president, the last past president, three vice (June 30, 1950, ch. 431, § 7, 64 Stat. 313.) presidents, three junior vice presidents, three national executive committeemen, and the exec- § 228. Acquisition of assets and liabilities of exist- utive director. Each of such persons constitut- ing association ing the national executive committee, except The corporation may acquire any or all of the the executive director, shall have one vote upon assets of the unincorporated association, known all matters determined by the committee. as the Reserve Officers Association of the (b) Election of national officers; tenure; appoint- United States, upon discharging or satisfac- ments torily providing for the payment and discharge The national officers of the corporation shall of all the liabilities of such unincorporated asso- be elected at an annual national convention and ciation. shall hold office for one year or until their suc- cessors have been duly elected and qualified, ex- (June 30, 1950, ch. 431, § 8, 64 Stat. 314.) cept the executive director, the national treas- § 229. Prohibition against issuance of stock or urer, and the national public relations officer, business activities who shall be appointed by the national execu- tive committee. In the event of the death, in- The corporation shall have no power to issue ability to serve, or resignation of any member of capital stock or to engage in business for pecu- the national executive committee, other than niary profit or gain. the last past president or the president, the va- (June 30, 1950, ch. 431, § 9, 64 Stat. 314.) cancy shall be filled by the existing members of the national executive committee. Any person CROSS REFERENCES appointed by the committee to fill a vacancy Exemption from income tax of certain organizations, shall serve until the next national convention see section 501 of Title 26, Internal Revenue Code. when his successor shall be elected for the un- expired term, if any, caused by the vacancy. The § 230. Nonpolitical nature of corporation national vice president of the same service as The corporation, and its members and officers the president shall assume the duties and have as such, shall not contribute to or otherwise the powers of the president in the event of his support or assist any political party or can- death, inability to serve, resignation, or ab- didate for elective public office. sence. (June 30, 1950, ch. 431, § 10, 64 Stat. 314.) (c) Composition of national convention The national convention shall be composed of § 231. Distribution of income or assets to mem- delegates elected by the various departments. bers (d) Composition of initial national executive No part of the income or assets of the corpora- committee tion shall inure to any member or officer there- The present national executive committee is of, or be distributable to any such person except composed of the following: Colonel Clarence E. upon dissolution and final liquidation of the cor- Barnes, Military Intelligence Reserve, Guthrie, poration when, after the discharge or satisfac- Oklahoma; Colonel William H. Neblett, United tion of all outstanding obligations and liabil- States Air Force Reserve, 815 Fifteenth Street ities, the remaining assets of the corporation Northwest, Washington, District of Columbia; shall be divided equally among the then active Colonel Henry G. Nulton, Infantry Reserve, 2 members and officers. Broad Street, Elizabeth, New Jersey; Com- mander John P. Bracken, United States Naval (June 30, 1950, ch. 431, § 11, 64 Stat. 314.) Reserve, 2107 Fidelity-Philadelphia Trust Build- § 232. Liability for acts of officers and agents ing, Philadelphia 9, Pennsylvania; Colonel Mor- ris J. Brummer, United States Air Force Re- The corporation shall be liable for the acts of serve, 2017 Mariposa Street, Fresno, California; its officers and agents when acting within the Colonel Horace B. Hanson, Junior, Corps of En- scope of their authority. gineers Reserve, 700 Eighth Terrace, West Bir- (June 30, 1950, ch. 431, § 12, 64 Stat. 314.) mingham 4, Alabama; Captain Robert A. Hall, United States Marine Corps Reserve, 4229 Emer- § 233. Books and records; inspection son Street, Dallas, Texas; Captain Milton Zacha- rias, United States Air Force Reserve, 241 North The corporation shall keep current and com- Broadview, Wichita, Kansas; Brigadier General plete books and records of account and shall 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.) Page 73 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 252

§ 234. Loans to officers; liability Sec. 253. Meeting; duties; expenses and compensation. The corporation shall not make any loans to 254. Acquisition of property by devise, bequest, its officers or members of the national executive donation, or otherwise; limitation of real committee. Any member of the national execu- estate. tive committee who votes for or assents to the making of a loan or advance to an officer of the § 251. Corporation created corporation, and any officer who participates in the making of such a loan or advance, shall be Louis Agassiz, Massachusetts; J. H. Alexander, jointly and severally liable to the corporation Maryland; S. Alexander, New Jersey; A. D. for the amount of such loan until the repayment Bache, at large; F. B. Barnard, at large; J. G. thereof. Barnard, United States army, Massachusetts; W. H. C. Bartlett, United States Military Academy, (June 30, 1950, ch. 431, § 14, 64 Stat. 314.) Missouri; U. A. Boyden, Massachusetts; Alexis § 235. Repealed. Pub. L. 88–504, § 4(12), Aug. 30, Caswell, Rhode Island; William Chauvenet, Mis- 1964, 78 Stat. 637 souri; J. H. C. Coffin, United States Naval Acad- emy, Maine; J. A. Dahlgren, United States navy, Section, act June 30, 1950, ch. 431, § 15, 64 Stat. 315, re- Pennsylvania; J. D. Dana, Connecticut; Charles lated to audit of financial transactions and report of H. Davis, United States navy, Massachusetts; such audit to Congress. See sections 1101 to 1103 of this George Engelmann, St. Louis, Missouri; J. F. title. Frazer, Pennsylvania; Wolcott Gibbs, New York; § 236. Headquarters; agent for service of process J. M. Gilless, United States navy, District of Co- lumbia; A. A. Gould, Massachusetts; B. A. The national headquarters of the corporation Gould, Massachusetts; Asa Gray, Massachusetts; shall be located in the District of Columbia. The A. Guyot, New Jersey; James Hall, New York; corporation shall maintain at all times in the Joseph Henry, at large; J. E. Hilgard, at large, District a designated agent authorized to accept Illinois; Edward Hitchcock, Massachusetts; J. S. service of legal process for the corporation. No- Hubbard, United States naval observatory, Con- tice to or service upon such agent shall be necticut; A. A. Humphreys, United States army, deemed to be notice to or service upon the cor- Pennsylvania; J. L. Le Conte, United States poration. army, Pennsylvania; J. Leidy, Pennsylvania; J. (June 30, 1950, ch. 431, § 16, 64 Stat. 315.) P. Lesley, Pennsylvania; M. F. Longstreth, Pennsylvania; D. H. Mahan, United States Mili- § 237. Agents for service of process tary Academy, Virginia; J. S. Newberry, Ohio; H. A. Newton, Connecticut; Benjamin Peirce, As a condition precedent to the exercise of any Massachusetts; John Rodgers, United States power or privilege granted or conferred under navy, Indiana; Fairman Rogers, Pennsylvania; this chapter, the corporation shall file in the of- R. E. Rogers, Pennsylvania; W. B. Rogers, Mas- fice of the secretary of state, or similar officer, sachusetts; L. M. Rutherford, New York; Joseph in each State and in each Territory or posses- Saxton, at large; Benjamin Silliman, Connecti- sion of the United States, in which subordinate cut; Benjamin Silliman, junior, Connecticut; departments and local chapters are organized, Theodore Strong, New Jersey; John Torrey, New the name and post office address of an author- York; J. G. Totten, United States army, Con- ized agent in such State upon whom legal proc- necticut; Joseph Winlock, United States Nau- ess or demands against the corporation may be tical Almanac, Kentucky; Jeffries Wyman, Mas- served. sachusetts; J. D. Whitney, California, their asso- (June 30, 1950, ch. 431, § 17, 64 Stat. 315.) ciates and successors duly chosen, are incor- porated, constituted, and declared to be a body § 238. Exclusive right to name, seals, emblems, corporate, by the name of the National Academy and badges of Sciences. The corporation and its subordinate depart- (Mar. 3, 1863, ch. 111, § 1, 12 Stat. 806.) mental subdivisions and local chapters shall have the sole and exclusive right to have, and to use in carrying out its object and purpose, the § 252. Powers of corporation name of ‘‘Reserve Officers Association of the The National Academy of Sciences shall have United States’’ and such seals, emblems, and power to make its own organization, including badges as the corporation may lawfully adopt. its constitution, by-laws, and rules and regula- (June 30, 1950, ch. 431, § 18, 64 Stat. 315.) tions; to fill all vacancies created by death, res- ignation, or otherwise; to provide for the elec- § 239. Reservation of right to amend or repeal tion of foreign and domestic members, the divi- chapter sion into classes, and all other matters needful The right to alter, amend, or repeal this chap- or usual in such institution, and to report the ter is expressly reserved. same to Congress. (June 30, 1950, ch. 431, § 19, 64 Stat. 315.) (Mar. 3, 1863, ch. 111, § 2, 12 Stat. 806; July 14, 1870, ch. 264, 16 Stat. 277.) CHAPTER 13—NATIONAL ACADEMY OF SCIENCES CODIFICATION Sec. Provisions of this section which limited the National 251. Corporation created. Academy of Sciences to not more than fifty ordinary 252. Powers of corporation. members were omitted by act July 14, 1870. § 253 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 74

§ 253. Meeting; duties; expenses and compensa- ment of environmental goals, and of contributing in tion other ways to the public welfare. (b) To survey the broad possibilities of science, to for- The National Academy of Sciences shall hold mulate comprehensive projects of research, and to de- an annual meeting at such place in the United velop effective means of utilizing the scientific and States as may be designated, and the academy technical resources of the country for dealing with shall, whenever called upon by any department such projects. (c) To promote cooperation in research, at home and of the Government, investigate, examine, abroad, in order to secure concentration of effort, mini- experiment, and report upon any subject of mize duplication, and stimulate progress; but in all co- science or art, the actual expense of such inves- operative undertakings to give encouragement to indi- tigations, examinations, experiments, and re- vidual initiative, as fundamentally important to the ports, to be paid from appropriations which may advancement of science. be made for the purpose, but the academy shall (d) To serve as a means of bringing American and for- receive no compensation whatever for any serv- eign investigators into active cooperation with the sci- ices to the Government of the United States. entific and technical services of the Federal Govern- ment. (Mar. 3, 1863, ch. 111, § 3, 12 Stat. 806.) (e) To direct the attention of scientific and technical investigators to the importance of military and indus- EX. ORD. NO. 2859. NATIONAL RESEARCH COUNCIL OF trial problems in connection with national security, to NATIONAL ACADEMY OF SCIENCES the importance of environmental problems in connec- Ex. Ord. No. 2859, May 11, 1918, as amended by Ex. tion with public health and the economy, and to aid in Ord. No. 10668, May 10, 1956, 21 F.R. 3155; Ex. Ord. No. the solution of these problems by organizing specific 12832, Jan. 19, 1993, 58 F.R. 5905, provided: research. National Research Council of the National Academy (f) To gather and collate scientific and technical in- of Sciences formation, at home and abroad, in cooperation with WHEREAS (1) the congressional charter of the Na- governmental and other agencies, and to disseminate tional Academy of Sciences (‘‘Academy’’) charges it, such information to duly accredited persons and the upon call from any U.S. Government Department, to public. investigate, examine, experiment, and report upon any 2. Scientists, engineers, and other technically quali- subject of science or art and (2) the actual expenses of fied professionals who are officers or employees of de- the Academy for such investigations, examinations, partments and agencies of the executive branch of the experiments, and reports shall be paid to the Academy Government are encouraged to participate in the work through one or more of the following: private gifts and of the Council as requested by the Council to the extent bequests; appropriations for the benefit of the Acad- authorized by the head of the officer’s or employee’s emy; grants-in-aid, contracts, and other forms of finan- agency or department and permitted by law. cial agreement with executive departments and agen- 3. To the extent permitted by law and regulation, and cies, provided that the Academy shall receive no com- in accordance with the congressional charter of the pensation whatever for any services to the Government Academy, the actual expense of investigations, exami- of the United States; and nations, experiments, and reports by the Academy for WHEREAS the National Research Council (‘‘Coun- the executive branch of the Government shall be paid cil’’) was organized in 1916 at the request of the Presi- to the Academy through one or more of the following: dent by the National Academy of Sciences, under its private gifts and bequests; appropriations for the bene- congressional charter, as a measure of national pre- fit of the Academy; grants-in-aid, contracts, and other paredness; and forms of financial agreement with executive depart- WHEREAS the Council is the principal operating ments and agencies. The Academy shall receive no agency of the National Academy of Sciences and the compensation whatever for any services to the Govern- National Academy of Engineering, the latter having ment of the United States. Further, the Academy shall been established in 1964 under the charter of the Na- be subject to all provisions of OMB Circular A–122, tional Academy of Sciences; and ‘‘Cost Principles for Non-Profit Organizations,’’ and to WHEREAS the Institute of Medicine of the National such other requirements regarding or limiting the Academy of Sciences, established in 1970 under the Academy’s recovery of costs as the Director of the Of- Academy’s charter, conducts its programs and activi- fice of Management and Budget may specify from time ties under the approval, operating, and review proce- to time in writing to the Academy and to agencies and dures of the Council; and departments of the Government. WHEREAS in recognition of the work accomplished 4. When a department or agency of the executive through the Council in organizing research, in further- branch of the Government determines that the Acad- ing science, and in securing cooperation of government emy, because of its unique qualifications, is the only and nongovernment agencies in the solution of their source that can provide the measure of expertise, inde- problems, the Council has been perpetuated by the pendence, objectivity, and audience acceptance nec- Academy as requested by the President in Executive essary to meet the department’s or agency’s program Order No. 2859 of May 11, 1918; and requirements, acquisition of services by the Academy WHEREAS the effective prosecution of the Council’s may be obtained on a noncompetitive basis if otherwise work may require the close cooperation of the sci- in accordance with applicable law and regulations. entific and technical branches of the Government, both military and civil, and makes participation by officers § 254. Acquisition of property by devise, bequest, and employees of the Government in the work of the donation, or otherwise; limitation of real es- Council desirable; and tate NOW, THEREFORE, by the authority vested in me as President by the Constitution and the laws of the The National Academy of Sciences, incor- United States of America, it is ordered as follows: porated by this chapter, be, and the same is, au- 1. The functions of the Council shall be as follows: thorized and empowered to receive, by devise, (a) To stimulate research in the mathematical, phys- bequest, donation, or otherwise, either real or ical, biological, environmental, and social sciences, and personal property, and to hold the same abso- in the application of these sciences to engineering, ag- lutely or in trust, and to invest, reinvest, and riculture, medicine, and other useful arts, with the ob- ject of increasing knowledge, of strengthening the na- manage the same in accordance with the provi- tional security including the contribution of science sions of its constitution, and to apply said prop- and engineering to economic growth, of ensuring the erty and the income arising therefrom to the ob- health of the American people, of aiding in the attain- jects of its creation and according to the in- Page 75 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 273 structions of the donors: Provided, however, That pia, Washington; and Ralph A. Howard, Colum- the Congress may at any time limit the amount bus, Ohio, are created a body corporate by the of real estate which may be acquired and the name of Future Farmers of America (hereinafter length of time the same may be held by said Na- referred to as the ‘‘corporation’’) and by such tional Academy of Sciences. name shall be known and have perpetual succes- sion and the powers and limitations contained (June 20, 1884, ch. 107, 23 Stat. 50; May 27, 1914, in this chapter. ch. 101, § 1, 38 Stat. 383.) (Aug. 30, 1950, ch. 823, § 1, 64 Stat. 563.) CODIFICATION SECTION REFERRED TO IN OTHER SECTIONS Section was not enacted as part of act Mar. 3, 1863, which comprises this chapter. This section is referred to in sections 272, 278, 290 of Act May 27, 1914, extended the right to receive prop- this title. erty. § 272. Completion of organization RESERVATION OF RIGHT TO ALTER, AMEND, OR REPEAL The persons named in section 271 of this title Section 2 of act May 27, 1914, provided: ‘‘That the are authorized to meet to complete the organi- right to alter, amend, or repeal this Act [amending this zation of the corporation by the selection of offi- section] is hereby expressly reserved.’’ cers, the adoption of regulations and bylaws, and the doing of such other acts as may be nec- CHAPTER 14—FUTURE FARMERS OF essary for such purpose. AMERICA (Aug. 30, 1950, ch. 823, § 2, 64 Stat. 563.) Sec. 271. Corporation created. § 273. Objects and purposes of corporation 272. Completion of organization. 273. Objects and purposes of corporation. The objects and purposes of the corporation 274. Powers of corporation. shall be— 275. Headquarters and principal office; territorial (1) to create, foster, and assist subsidiary scope of activities; agent for service of proc- chapters composed of students and former stu- ess. dents of vocational agriculture in public 276. Membership; voting rights. schools qualifying for Federal reimbursement 277. National officers. under the Smith-Hughes Vocational Education (a) Composition. Act [20 U.S.C. 11 et seq.] or the Vocational (b) Board of student officers. Education Act of 1946, and associations of such (c) Election. (d) Vote at national convention. chapters in the several States and Territories 278. Board of directors. of the United States; (a) Composition. (2) to develop character, train for useful citi- (b) Tenure. zenship, and foster patriotism, and thereby to (c) Meetings. develop competent, aggressive rural and agri- (d) Governing committee. cultural leadership; (e) Transition board. (3) to create and nurture a love of country 279. Restrictions. life by encouraging members to improve the (a) Distribution of income or assets to farm home and its surroundings, to develop or- members. ganized rural recreational activities, and to (b) Loans. (c) Prizes, awards, grants, or loans to create more interest in the intelligent choice student officers and members meet- of farming occupations; ing criteria. (4) to encourage the practice of thrift; 280. Nonpolitical nature of corporation. (5) to procure for and distribute to State as- 281. Liability for acts of officers and agents. sociations, local chapters, and members all of- 282. Prohibition against issuance of stock or pay- ficial Future Farmers of America supplies and ment of dividends. equipment; 283. Books and records; inspection. (6) to publish an official magazine and other 284. Repealed. publications for the members of the corpora- 285. Use of assets on dissolution or liquidation. tion; 286. Exclusive right to name, emblems, seals, and (7) to strengthen the confidence of farm boys badges. 287. Agents for service of process. and young men in themselves and their work, 288. Availability of personnel, services, and facili- to encourage members in the development of ties of Department of Education. individual farming programs, and to promote 289. Acquisition of assets and liabilities of exist- their permanent establishment in farming by ing corporation. (a) encouraging improvement in scholarship; 290. Effective date. (b) providing prizes and awards to deserving 291. Reservation of right to amend or repeal chap- students who have achieved distinction in vo- ter. cational agriculture, including farm mechan- § 271. Corporation created ics activities on a local, State, or national basis; and (c) assisting financially, through The following persons: William T. Spanton, loans or grants, deserving students in all-day Washington, District of Columbia; Dudley M. vocational agriculture classes and young Clements, College Park, Maryland; Herbert B. farmers under thirty years of age who were Swanson, Washington, District of Columbia; R. former students in all-day vocational agri- Edward Naugher, Arlington, Virginia; Elmer J. culture classes in becoming satisfactorily es- Johnson, Arlington, Virginia; Rodolph D. Ander- tablished in a farming occupation; and son, Columbia, South Carolina; Earl H. Little, (8) to cooperate with others, including State Concord, New Hampshire; Bert L. Brown, Olym- boards for vocational education, in accom- § 274 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 76

plishing the above purposes; and to engage in § 275. Headquarters and principal office; terri- such other activities, consistent with the fore- torial scope of activities; agent for service of going purposes, determined by the governing process body to be for the best interests of the cor- poration. The headquarters and principal offices of the corporation shall be located in the District of (Aug. 30, 1950, ch. 823, § 3, 64 Stat. 563.) Columbia, but the activities of the corporation REFERENCES IN TEXT shall not be confined to that place but may be conducted throughout the various States, Terri- The Smith-Hughes Vocational Education Act, re- ferred to in par. (1), is act Feb. 23, 1917, ch. 114, 39 Stat. tories, and possessions of the United States. The 929, as amended, which is classified to sections 11 to 15 corporation shall maintain at all times in the and 16 to 28 of Title 20, Education. For complete classi- District of Columbia a designated agent author- fication of this Act to the Code, see Short Title note ized to accept service of process for the corpora- set out under section 11 of 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 par. (1), 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 15ggg upon such agent, or mailed to the business ad- of Title 20, and was repealed by Pub. L. 90–576, title I, § 103, Oct. 16, 1968, 82 Stat. 1091. dress of such agent, shall be deemed sufficient notice or service upon the corporation. SECTION REFERRED TO IN OTHER SECTIONS (Aug. 30, 1950, ch. 823, § 5, 64 Stat. 565.) This section is referred to in section 274 of this title. § 276. Membership; voting rights § 274. Powers of corporation Eligibility for membership in the corporation The corporation shall have power— and the rights and privileges of members shall, (1) to sue and be sued, complain, and defend except as provided in this chapter, be deter- in any court of competent jurisdiction; (2) to adopt, use, and alter a corporate seal; mined according to the bylaws of the corpora- (3) to choose such officers, managers, agents, tion. In the conduct of official business of any and employees as the business of the corpora- local chapter each member shall have one vote. tion may require; In the conduct of the official business of any (4) to adopt and alter bylaws and regula- State association each qualified delegate of a tions, not inconsistent with the laws of the local chapter shall have one vote. United States or any State in which such cor- (Aug. 30, 1950, ch. 823, § 6, 64 Stat. 565.) poration is to operate, for the management of its property and the regulation of its affairs, § 277. National officers including the establishment and maintenance (a) Composition of local chapters and State associations of The national officers of the corporation shall chapters; be a student president, four student vice presi- (5) to contract and be contracted with; (6) to take and hold by lease, gift, purchase, dents (one from each of four regions of the grant, devise, or bequest any property, real or United States established in the bylaws for pur- personal, necessary for attaining the objects poses of administration of the corporation), a and accomplishing the purposes of the cor- student secretary, an executive secretary, a poration, subject to applicable provisions of treasurer, and a national advisor. law of any State (A) governing the amount or (b) Board of student officers kind of real and personal property which may The national student officers of the corpora- be held by, or (B) otherwise limiting or con- tion shall comprise a board of student officers. trolling the ownership of real and personal It shall be the duty of such board to advise and property by, a corporation operating in such make recommendations to the board of directors State; with respect to the conduct of the activities and (7) to transfer and convey real or personal business of the corporation. property; (c) Election (8) to borrow money for the purposes of the corporation, issue bonds therefor, and secure The national officers of the corporation shall the same by mortgage, subject to all applica- be elected annually by a majority vote of the ble provisions of Federal or State law; delegates assembled in the annual national con- (9) to use the corporate funds to give prizes, vention from among qualified members of the awards, loans, and grants to deserving stu- corporation, except that the national advisor dents and young farmers for the purposes set shall be the Secretary of Education, the execu- forth in section 273 of this title; tive secretary shall be a member of the Depart- (10) to publish a magazine and other publica- ment of Education, and the treasurer shall be an tions; employee or member of a State agency that di- (11) to procure for and distribute to State as- rects or supervises a State program of agricul- sociations, local chapters, and members all of- tural education under the provisions of the ficial Future Farmers of America supplies and Smith-Hughes Vocational Education Act [20 equipment; U.S.C. 11 et seq.] or the Vocational Education (12) to adopt emblems and badges; and Act of 1946. (13) to do any and all acts and things nec- (d) Vote at national convention essary and proper to carry out the objects and In the conduct of the business of the annual purposes of the corporation. national convention each qualified delegate (Aug. 30, 1950, ch. 823, § 4, 64 Stat. 564.) shall have one vote. Page 77 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 281

(Aug. 30, 1950, ch. 823, § 7, 64 Stat. 565; 1953 Reorg. chapter shall be composed of the nine persons Plan. No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, named in section 271 of this title. 67 Stat. 631; Oct. 17, 1979, Pub. L. 96–88, title III, (Aug. 30, 1950, ch. 823, § 8, 64 Stat. 565; 1953 Reorg. § 301(a)(1), (b)(2), title V, § 507, 93 Stat. 677, 678, Plan. No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 692.) 67 Stat. 631; Oct. 17, 1979, Pub. L. 96–88, title III, REFERENCES IN TEXT § 301(a)(1), (b)(2), title V, § 507, 93 Stat. 677, 678, The Smith-Hughes Vocational Education Act, re- 692.) ferred to in subsec. (c), is act Feb. 23, 1917, ch. 114, 39 TRANSFER OF FUNCTIONS Stat. 929, as amended, which is classified to sections 11 to 15 and 16 to 28 of Title 20, Education. For complete ‘‘Secretary of Education’’ and ‘‘Department of Edu- classification of this Act to the Code, see Short Title cation’’ substituted for ‘‘Chief of the Agricultural Edu- note set out under section 11 of Title 20 and Tables. cation Service, Office of Education, Department of The Vocational Education Act of 1946, referred to in Health, Education, and Welfare’’ and ‘‘Agricultural subsec. (c), is act June 8, 1936, ch. 541, 49 Stat. 1488, as Education Service, Office of Education, Department of amended, which was classified to sections 15h to 15q, Health, Education, and Welfare’’, respectively, in sub- 15aa to 15jj, and 15aaa to 15ggg of Title 20, and was re- sec. (a), pursuant to sections 301(a)(1), (b)(2) and 507 of pealed by section 103 of Pub. L. 90–576, title I, Oct. 16, Pub. L. 96–88, which are classified to sections 3441(a)(1), 1968, 82 Stat. 1091. (b)(2), and 3507 of Title 20, Education, and which trans- ferred all functions of Office of Education to Secretary TRANSFER OF FUNCTIONS of Education and transferred Office of Education to De- ‘‘Secretary of Education’’ and ‘‘the Department of partment of Education. Education’’ substituted for ‘‘Chief of the Agricultural Functions of Federal Security Administrator trans- Education Service, Office of Education, Department of ferred to Secretary of Health, Education, and Welfare Health, Education, and Welfare’’ and ‘‘that service’’, re- and all agencies of Federal Security Agency transferred spectively, in subsec. (c), pursuant to sections 301(a)(1), to Department of Health, Education, and Welfare by (b)(2) and 507 of Pub. L. 96–88, which are classified to section 5 of Reorg. Plan No. 1 of 1953, set out in the Ap- sections 3441(a)(1), (b)(2) and 3507 of Title 20, Education, pendix to Title 5, Government Organization and Em- and which transferred all functions of Office of Edu- ployees. Federal Security Agency and office of Admin- cation to Secretary of Education and transferred Office istrator abolished by section 8 of Reorg. Plan No. 1 of of Education to Department of Education. 1953. Functions of Federal Security Administrator trans- ferred to Secretary of Health, Education, and Welfare § 279. Restrictions and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by (a) Distribution of income or assets to members section 5 of Reorg. Plan No. 1 of 1953, set out in the Ap- No part of the income or assets of the corpora- pendix to Title 5, Government Organization and Em- tion shall inure to any member, officer, or direc- ployees. Federal Security Agency and office of Admin- istrator abolished by section 8 of the Reorg. Plan No. 1 tor, or be distributable to any such person ex- of 1953. cept upon dissolution and final liquidation of the corporation as provided in section 285 of this § 278. Board of directors title. (a) Composition (b) Loans The governing body of the corporation, which The corporation shall not make loans to its of- shall exercise the powers herein granted to the ficers, directors, or employees. Any director who corporation, shall be a board of directors com- votes for or assents to the making of a loan to posed of: (1) the Secretary of Education, who an officer, director, or employee of the corpora- shall act as chairman; (2) four staff members in tion, and any officer who participates in the the Department of Education; and (3) four State making of such a loan shall be jointly and sever- supervisors of agricultural education. ally liable to the corporation for the amount of (b) Tenure such loan until the repayment thereof. The terms of office of members of the board (c) Prizes, awards, grants, or loans to student of- and the method of selection of such members, ficers and members meeting criteria other than ex officio members, shall be pre- This section shall not preclude prizes, awards, scribed by the bylaws of the corporation. grants, or loans to student officers and members (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 have and exercise the powers of the board sub- (Aug. 30, 1950, ch. 823, § 10, 64 Stat. 566.) ject 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 (e) Transition board its officers and agents when acting within the 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.) § 282 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 78

§ 282. Prohibition against issuance of stock or § 288. Availability of personnel, services, and fa- payment of dividends cilities of Department of Education The corporation shall have no power to issue The Secretary of Education is authorized to any shares or stock, or to declare or pay any make available personnel, services, and facili- dividends, its objects and purposes being solely ties of the Department of Education requested educational. by the board of directors of the corporation to administer or assist in the administration of the (Aug. 30, 1950, ch. 823, § 12, 64 Stat. 566.) business and activities of the corporation. The § 283. Books and records; inspection personnel of the Department of Education shall not receive any compensation from the corpora- The corporation shall keep correct and com- tion for their services, except that travel and plete books and records of account and shall other legitimate expenses as defined by the Sec- also keep minutes of the proceedings of its mem- retary of Education and approved by the board bers, the board of directors, and committees of directors of the corporation may be paid. The having any authority under the board of direc- Secretary of Education is also authorized to co- tors; and it shall also keep a record of the names operate with the State boards for vocational and addresses of its members entitled to vote. education to assist in the promotion of the ac- All books and records of the corporation may be tivities of the corporation. inspected by any member or his agent or attor- ney at any reasonable time. (Aug. 30, 1950, ch. 823, § 18, 64 Stat. 567; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F.R. (Aug. 30, 1950, ch. 823, § 13, 64 Stat. 566.) 2053, 67 Stat. 631; Oct. 17, 1979, Pub. L. 96–88, title III, § 301(a), (b)(2), title V, § 507, 93 Stat. 677, 678, § 284. Repealed. Pub. L. 88–504, § 4(13), Aug. 30, 692.) 1964, 78 Stat. 637 CODIFICATION Section, act Aug. 30, 1950, ch. 823, § 14, 64 Stat. 566, re- lated to audit of financial transactions and report of The words ‘‘, with the approval of the Secretary of such audit to Congress. See sections 1101 to 1103 of this Health, Education, and Welfare,’’ which followed ‘‘Sec- title. retary of Education’’ the first time it appears and ‘‘, with the approval of the Secretary,’’ which followed § 285. Use of assets on dissolution or liquidation ‘‘The Secretary of Education’’ the third time it appears have been omitted in view of transfer of functions (re- Upon final dissolution or liquidation of the lating to education) of Secretary of Health, Education, corporation and after the discharge or satisfac- and Welfare to Secretary of Education pursuant to sec- tion of all outstanding obligations and liabil- tions 301(a) and 507 of Pub. L. 96–88, which are classified ities, the remaining assets of the corporation to sections 3441(a) and 3507 of Title 20, Education. This transfer would result in these phrases being redundant shall be used by the board of directors for the in that they would provide for the Secretary to obtain benefit of students of vocational agriculture, or his own approval. be transferred to some recognized educational foundation. TRANSFER OF FUNCTIONS (Aug. 30, 1950, ch. 823, § 15, 64 Stat. 566.) ‘‘Secretary of Education’’ substituted for ‘‘United States Commissioner of Education’’, ‘‘Commissioner of SECTION REFERRED TO IN OTHER SECTIONS Education’’, and ‘‘Commissioner’’ and ‘‘Department of Education’’ was substituted for ‘‘Office of Education’’ This section is referred to in section 279 of this title. in text pursuant to sections 301(a)(1), (b)(2) and 507 of Pub. L. 96–88, which are classified to sections 3441(a)(1), § 286. Exclusive right to name, emblems, seals, (b)(2) and 3507 of Title 20, Education, and which trans- and badges ferred all functions of Commissioner of Education to The corporation, and its duly authorized chap- Secretary of Education and transferred Office of Edu- cation to Department of Education. ters and associations of chapters, shall have the Functions of Federal Security Administrator trans- sole and exclusive right to use the name of Fu- ferred to Secretary of Health, Education, and Welfare ture Farmers of America and the initials FFA as and all agencies of Federal Security Agency transferred 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.) Page 79 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 316

§ 290. Effective date among the membership of The Military Chap- lains Association of the United States of Amer- The provisions of this chapter shall take effect ica, a national association of chaplains and on the filing, in the office of the clerk of the former chaplains of the armed services, are here- United States District Court for the District of by authorized to meet to complete the organiza- Columbia of affidavits signed by the incorpora- tion of said corporation by the selection of offi- tors named in section 271 of this title to the ef- cers, the adoption of a constitution and bylaws, fect that the Virginia corporation known as the and to do all other things necessary to carry Future Farmers of America has been dissolved into effect the provisions of this chapter, at in accordance with law, but only if such affida- which meeting any person duly accredited as a vits are filed within one year from August 30, delegate from any area, State, or local chapter 1950. of the organization of the existing national asso- (Aug. 30, 1950, ch. 823, § 20, 64 Stat. 567.) ciation known as The Military Chaplains Asso- ciation of the United States of America, shall be § 291. Reservation of right to amend or repeal permitted to participate in the proceedings chapter thereof. The right to alter, amend, or repeal this chap- (Sept. 20, 1950, ch. 956, § 2, 64 Stat. 868.) ter is expressly reserved. § 313. Purpose of corporation (Aug. 30, 1950, ch. 823, § 21, 64 Stat. 567.) The purpose of this corporation shall be: CHAPTER 15—MILITARY CHAPLAINS ASSO- (a) To safeguard and to strengthen the forces CIATION OF THE UNITED STATES OF of faith and morality of our Nation; (b) to per- AMERICA petuate and to deepen the bonds of understand- ing and friendship of our military service; (c) to Sec. preserve our spiritual influence and interest in 311. Corporation created. all members and veterans of the armed forces; 312. Completion of organization. (d) to uphold the Constitution of the United 313. Purpose of corporation. States; and (e) to promote justice, peace, and 314. Powers of corporation. good will. 315. Acquisition of assets and liabilities of exist- ing association. (Sept. 20, 1950, ch. 956, § 3, 64 Stat. 868.) 316. Exclusive right to name. 317. Annual report. § 314. Powers of corporation § 311. Corporation created The corporation (a) shall have perpetual suc- cession; (b) shall have power to make its own or- Alva J. Brasted, of Virginia; Henry Darling- ganization, including its constitution, bylaws, ton, of New York; Simpson B. Daugherty, of rules, and regulations; (c) may adopt a corporate Pennsylvania; Monroe Drew, Junior, of Califor- seal and alter it at pleasure; (d) may establish nia; Clifford M. Drury, of California; Harold G. and maintain offices for the conduct and trans- Elsam, of Illinois; Edward L. R. Elson, of Cali- action of its business; (e) may appoint or elect fornia; Ira S. Ernst, of the District of Columbia; officers and agents; (f) may authorize the execu- Joshua L. Goldberg, of New York; Augustus S. tive committee to conduct the business and ex- Goodyear, of New York; Cecil H. Lang, of Texas; ercise the powers of the corporation; (g) may Daniel Lynch, of Massachusetts; Arlington A. publish a magazine or other publications; (h) McCallum, of the District of Columbia; John W. may charge and collect membership dues, sub- McQueen, of Alabama; Cyrus W. Perry, of New scription fees, and receive contributions of York; Frederick C. Reynolds, of Maryland; money or property to be devoted to the carrying George F. Rixey, of Missouri; Patrick J. Ryan, out of the purposes of the organization; (i) may of California; Harris E. Starr, of Connecticut; acquire by purchase, devise, bequest, gift, or Gustav Stearns, of Wisconsin; Edward J. Smith, otherwise, and hold, encumber, convey, or other- of Iowa; Francis V. Sullivan, of Massachusetts; wise dispose of, such real and personal property John M. Thomas, of Vermont; Edmund W. as may be necessary or appropriate for its cor- Weber, of Minnesota; Robert J. White, of Maine; porate purposes; (j) may sue and be sued; and (k) Julian E. Yates, of the District of Columbia; generally may do any and all lawful acts nec- Nils M. Ylvisaker, of Minnesota; and their suc- essary or appropriate to carry out the purposes cessors, who are, or who may become, members for which the corporation is created. of The Military Chaplains Association of the (Sept. 20, 1950, ch. 956, § 4, 64 Stat. 868.) United States of America, a national association of chaplains and former chaplains of the armed § 315. Acquisition of assets and liabilities of exist- services, and such national associations are cre- ing association ated and declared to be a body corporate by the Said corporation may acquire any or all assets name of ‘‘The Military Chaplains Association of of the existing national association known as the United States of America’’. The Military Chaplains Association of the (Sept. 20, 1950, ch. 956, § 1, 64 Stat. 868.) United States of America upon discharging or satisfactorily providing for the payment and dis- SECTION REFERRED TO IN OTHER SECTIONS charge of all liabilities. This section is referred to in section 312 of this title. (Sept. 20, 1950, ch. 956, § 5, 64 Stat. 869.) § 312. Completion of organization § 316. Exclusive right to name Said persons named in section 311 of this title, Said corporation and its area, State, and local and such other persons as may be selected from chapters shall have the sole and exclusive right § 317 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 80 to have and to use in carrying out its purpose Allen, of Seattle, Washington; Mary Agnes the name ‘‘The Military Chaplains Association Brown, of Washington, District of Columbia; of the United States of America’’. Florence Brush, of Bronxville, New York; Ken- neth S. Carlston, of Urbana, Illinois; Ben M. (Sept. 20, 1950, ch. 956, § 6, 64 Stat. 869.) Cherrington, of Denver, Colorado; Percy E. § 317. Annual report Corbett, of New Haven Connecticut; Willard B. Cowles, of Lincoln, Nebraska; William S. The corporation shall, on or before the 1st day Culbertson, of Washington, District of Colum- of September in each year, transmit to Congress bia; John S. Dickey, of Hanover, New Hamp- a report of its proceedings for the preceding cal- shire; Alwyn V. Freeman, of Los Angeles, Cali- endar year. Such reports shall not be printed as fornia; Ernest A. Gross, of Manhasset, New public documents. York; Stanley K. Hornbeck, of Washington, Dis- (Sept. 20, 1950, ch. 956, § 7, 64 Stat. 869; Aug. 30, trict of Columbia! A. Brunson MacChesney, of 1964, Pub. L. 88–504, § 4(14), 78 Stat. 637.) Chicago, Illinois; William Manger, of Washing- ton, District of Columbia; Charles E. Martin, of AMENDMENTS Seattle, Washington; John Brown Mason, of 1964—Pub. L. 88–504 struck out ‘‘, including the full Oberlin, Ohio; Myres S. McDougal, of New and complete statement of its receipts and expendi- Haven, Connecticut; Hans J. Morgenthau, of tures’’ after ‘‘calendar year’’. Chicago, Illinois; Durward V. Sandifer, of Chevy Chase, Maryland; Francis B. Sayre, of Washing- CHAPTER 16—AMERICAN SOCIETY OF ton, District of Columbia; Carl B. Spaeth, of INTERNATIONAL LAW Palo Alto, California; Robert B. Stewart, of Sec. Medford, Massachusetts! and Albert C. F. 341. Corporation created. Westphal, of Albuquerque, New Mexico; and such 342. Purposes of corporation; restrictions. other persons as are now members of the said so- 343. Executive council; officers. ciety, and their successors, are created and de- 344. Principal office; territorial scope of activi- clared to be a body corporate, by the name of ties. The American Society of International Law. 345. Powers of corporation. 346. Liability for acts of officers and agents; agent (Sept. 20, 1950, ch. 958, § 1, 64 Stat. 869.) for service of process. SECTION REFERRED TO IN OTHER SECTIONS 347. Prohibition against issuance of stock, pay- ment of dividends, or loans. This section is referred to in section 343 of this title. 348. Books and records; inspection. 349. Repealed. § 342. Purposes of corporation; restrictions 350. Duration of corporation. The purposes of the corporation are and shall 351. Acquisition of assets and liabilities of exist- ing association. be to foster the study of international law and 352. Reservation of right to amend or repeal chap- to promote the establishment and maintenance ter. of international relations on the basis of law and justice. The corporation shall not be oper- § 341. Corporation created ated for profit, and no part of its income or as- sets shall inure to any of its members, or its of- The following persons, citizens of the United ficers or other members of its executive council, States and members of the executive council of or be distributable thereto otherwise than upon the unincorporated association known as the dissolution or final liquidation of the corpora- American Society of International law, to wit: tion. The corporation, and its officers and other Manley O. Hudson, of Cambridge, Massachu- members of its executive council shall not, as setts, president of the said society; Dean G. Ach- such, contribute to or otherwise support or as- eson, of Washington, District of Columbia, hon- sist any political party or candidate for elective orary president of the same; George A. Finch, of public office. Chevy Chase, Maryland; Edwin D. Dickinson, of Philadelphia, Pennsylvania; and Philip C. (Sept. 20, 1950, ch. 958, § 2, 64 Stat. 870.) Jessup, of New York, New York; vice presidents § 343. Executive council; officers of the same; Philip Marshall Brown, of Washing- 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 Page 81 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 352 and to fill vacancies until the next annual meet- corporation; and notice to or service upon such ing of the corporation. The number of members agent, or mailed to the business address of such of the executive council shall initially be forty- agent, shall be deemed notice to or service upon four, and the members of the said council shall the corporation. initially be the persons whose names and ad- (Sept. 20, 1950, ch. 958, § 6, 64 Stat. 871.) dresses are set forth in section 341 of this title. § 347. Prohibition against issuance of stock, pay- (Sept. 20, 1950, ch. 958, § 3, 64 Stat. 870.) ment of dividends, or loans § 344. Principal office; territorial scope of activi- The corporation shall not issue shares of ties stock, nor declare or pay dividends, nor make The corporation shall have its principal office loans or advances to its officers or members of in the District of Columbia and shall have the its executive council or any of them. Any mem- right to conduct its activities in the said Dis- ber of its executive council who votes for or as- trict and at any other place or places in the sents to the making of a loan or advance to an United States. officer of the corporation or to a member of its executive council, and any officer or officers (Sept. 20, 1950, ch. 958, § 4, 64 Stat. 871.) participating in the making of any such loan or NATIONAL HEADQUARTERS advance, shall be jointly and severally liable to the corporation for the amount of such loan or Pub. L. 86–208, Aug. 25, 1959, 73 Stat. 431, provided: advance until the repayment thereof. ‘‘That the American Society of International Law, in- corporated by the Act entitled ‘An Act to incorporate (Sept. 20, 1950, ch. 958, § 7, 64 Stat. 871.) the American Society of International Law, and for other purposes’, approved September 20, 1950 (Public § 348. Books and records; inspection Law 794, ch. 958, Eighty-first Congress, second session The corporation shall keep correct and com- (64 Stat. 869)) [this chapter], is authorized to use the plete books and records of account. It shall also real estate described as lot 805 square 2512, situated in the city of Washington, District of Columbia, as the na- keep minutes of the proceedings of its members, tional headquarters of such society.’’ executive council, and committees having any of the authority of the said council. It shall also § 345. Powers of corporation keep at its principal office a record giving the names and addresses of its members entitled to The corporation shall have succession by its vote. All books and records of the corporation corporate name and shall have power to sue and may be inspected by any member or his agent or be sued, complain and defend in any court of attorney, for any proper purpose, at any reason- competent jurisdiction; to adopt, use, and alter able time. a corporate seal; to choose such officers, man- agers, and agents as its business may require; to (Sept. 20, 1950, ch. 958, § 8, 64 Stat. 872.) adopt, amend, apply, and administer a constitu- § 349. Repealed. Pub. L. 88–504, § 4(15), Aug. 30, tion, bylaws, and regulations, not inconsistent 1964, 78 Stat. 637 with the laws of the United States of America or any State in which the corporation is to oper- Section, act Sept. 20, 1950, ch. 958, § 9, 64 Stat. 872, re- ate, for the management of its property and the lated to audit of financial transactions and report of regulation of its affairs; to contract and be con- such audit to Congress. See sections 1101 to 1103 of this tracted with; to take and hold by lease, gift, title. purchase, grant, devise, or bequest, in full title, § 350. Duration of corporation in trust, or otherwise, any property, real or per- sonal, necessary for attaining the objects and The duration of the corporation shall be per- carrying into effect the purposes of the corpora- petual. tion, subject however, to applicable provisions (Sept. 20, 1950, ch. 958, § 10, 64 Stat. 872.) of law of any State (A) governing the amount or 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 (Sept. 20, 1950, ch. 958, § 11, 64 Stat. 872.) provisions of Federal or State laws; to publish a journal and other publications, and generally to § 352. Reservation of right to amend or repeal do any and all such acts and things as may be chapter necessary and proper in carrying into effect the The right to alter, repeal, or amend this chap- purposes of the corporation. ter is expressly reserved to Congress. (Sept. 20, 1950, ch. 958, § 5, 64 Stat. 871.) (Sept. 20, 1950, ch. 958, § 12, 64 Stat. 872.) § 346. Liability for acts of officers and agents; CHAPTER 17—UNITED STATES OLYMPIC agent for service of process COMMITTEE The corporation shall be liable for the acts of SUBCHAPTER I—CORPORATION its officers and agents. It shall have in the Dis- Sec. trict of Columbia at all times a designated agent 371. Corporation created; principal offices; meet- authorized to accept service of process for the ings. § 371 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 82

Sec. ford Hills, New York; John T. McGovern, New 372. Completion of organization. York City, New York; J. Lyman Bingham, Chi- 373. Definitions. cago, Illinois; Daniel J. Ferris, New York City, 374. Objects and purposes of Corporation. 375. Powers of Corporation. New York; Thomas J. Hamilton, Pittsburgh, 376. Membership. Pennsylvania; Thomas W. Herren, Washington, 377. Nonpolitical nature of Corporation. District of Columbia; Willis O. Hunter, Los An- 378. Prohibition against issuance of stock or busi- geles, California; Jeremiah T. Mahoney, New ness activities. York City, New York; T. Nelson Metcalf, Chi- 379. Acquisition of assets and liabilities of exist- cago, Illinois; Charles L. Ornstein, New York ing association. City, New York; James A. Rhodes, Columbus, 380. Use of Olympic symbols, emblems, trade- Ohio; Albert Sigal, Atherton, California; H. marks and names. Jamison Swarts, Philadelphia, Pennsylvania; (a) Unauthorized use; civil action; lawful use prior to September 21, 1950. Albert F. Wheltle, Baltimore, Maryland; Robert (b) Contributors and suppliers. A. Fetzer, Chapel Hill, North Carolina; Karl E. (c) Exclusive right of Corporation. Leib, Iowa City, Iowa; Frank G. McCormick, 381. Agents for service of process. Minneapolis, Minnesota; Alfred R. Masters, 382. Reservation of right to amend or repeal chap- Stanford University, California; E. L. Romney, ter. Salt Lake City, Utah; E. Joseph Aronoff, Wash- 382a. Annual report to President and Congress on ington, District of Columbia; Richard E. Cross, operations; report to Speaker of House and Detroit, Michigan; Charles L. Diehm, New York President of Senate on authorized grants. City, New York; Ralph Furey, New York City, 382b. Resolution of disputes. 383. Change in name of United States Olympic As- New York; Harry D. Henshel, New York City, sociation. New York; John B. Kelly, Senior, Philadelphia, 384. Grants to Corporation. Pennsylvania; Richard C. Larkins, Columbus, (a) Authorization; development of ama- Ohio; Fred C. Matthaei, Detroit, Michigan; Colo- teur athletics in United States. nel Frederick R. Weber, West Point, New York; (b) Annual report. Hugh C. Willett, Los Angeles, California; Law- (c) Application for funds; access to rence J. Johnson, Boston, Massachusetts; Pat- books, documents, etc. rick J. Kelly, New York City, New York; R. Max (d) Authorization of appropriations. Ritter, Jenkintown, Pennsylvania; Fred L. SUBCHAPTER II—NATIONAL GOVERNING BODIES Steers, Chicago, Illinois; Williard N. Greim, 391. Recognition of amateur sports organizations. Denver, Colorado; General Douglas MacArthur, (a) National governing body; application; Tokyo, Japan; Joseph E. Raycroft, Princeton, notice and hearing. New Jersey; Frederick W. Rubien, Manhasset, (b) Eligibility requirements. New York; John J. Raskob, New York City, New (c) Period within which to comply with York; Frank P. Callahan, Schenectady, New eligibility requirements; suspension York; William S. Haddock, Pittsburgh, Pennsyl- or revocation of recognition. vania; J. W. Mitchell, Little Rock, Arkansas; (d) Recommendation of national govern- ing body as United States rep- William F. Bailey, High Point, North Carolina; resentative to appropriate inter- Herman J. Fischer, Chicago, Illinois; R. J. H. national sports federation. Kiphuth, New Haven, Connecticut; Edward 392. Duties of national governing bodies. Rosenblum, Washington, District of Columbia; 393. Authority of national governing bodies. Ben York, West Palm Beach, Florida; Seymour 394. Review. Leiberman, Houston, Texas; Paul Jordan, Indi- 395. Compelling compliance with eligibility re- anapolis, Indiana; Mrs. Lillian Y. Whiting, Des quirements and performance of duties by Moines, Iowa; A. Wood Hardin, New Albany, In- national governing bodies. diana; Douglas F. Roby, Detroit, Michigan; Mar- (a) Written complaint; exhaustion of remedies requirement; hearing; de- ion H. Miller, Kansas City, Missouri; Edwin F. termination by Corporation; proba- Schaefer, Buffalo, New York; James A. Lee, tion; revocation of recognition. 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 deter- Washington; Louis G. Wilke, Denver, Colorado; minations. Doctor Barry J. Barrodale, Houma, Louisiana; 396. Jurisdiction of restricted amateur athletic Larry Houston, Los Angeles, California; C. W. competitions; national governing body 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, Larchmont, New York; Harold R. Gilbert, State SUBCHAPTER I—CORPORATION College, Pennsylvania; Frank Small, Bayside, Long Island, New York; Colonel John T. Cole, § 371. Corporation created; principal offices; Bell Haven, Alexandria, Virginia; Miguel de meetings 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. Page 83 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 374

Rose, Washington, District of Columbia; Major the organization of the corporation, prior to repeal by General M. A. Edson, Montpelier, Vermont; Pub. L. 95–606, § 1(b). Clifford Goes, New York City, New York; Joseph § 373. Definitions J. Barriskill, New York City, New York; Senator Peter J. Miller, Chicago, Illinois; Charles O. As used in this chapter, the term— Roeser, Lansdowne, Pennsylvania; Mrs. Elsie (1) ‘‘amateur athlete’’ means any athlete Veits Jennings, New York City, New York; Wil- who meets the eligibility standards estab- liam C. Ackerman, Los Angeles, California; Rob- lished by the national governing body for the ert J. Kane, Ithaca, New York; Mrs. Irvin Van sport in which the athlete competes; Blarcom, Wichita, Kansas; Jay Ehret Mahoney, (2) ‘‘amateur athletic competition’’ means a New York City, New York; John Terpak, York, contest, game, meet, match, tournament, re- Pennsylvania; Eric F. Pohl, San Antonio, Texas; gatta, or other event in which amateur ath- Thomas F. Lennon, New York City, New York; letes compete; Dietrich Wortmann, New York City, New York; (3) ‘‘amateur sports organization’’ means a Reaves E. Peters, Kansas City, Missouri; John not-for-profit corporation, club, federation, M. Harmon, Boston, Massachusetts; George E. union, association, or other group organized in Little, New Brunswick, New Jersey; Arthur E. the United States which sponsors or arranges Eilers, St. Louis, Missouri; James H. Stewart, any amateur athletic competition; Dallas, Texas; Harry N. Keighley, Evanston, Illi- (4) ‘‘Corporation’’ means the United States nois; Doctor G. Randolph Manning, New York Olympic Committee; City, New York; Harold T. Friermood, New York (5) ‘‘international amateur athletic competi- City, New York; Earl R. Yeomans, Philadelphia, tion’’ means any amateur athletic competi- Pennsylvania; and their associates and succes- tion between any athlete or athletes rep- sors, are created a body corporate by the name resenting the United States, either individ- of ‘‘United States Olympic Committee’’ (herein- ually or as part of a team, and any athletic or after referred to as the ‘‘Corporation’’). The Cor- athletes representing any foreign country; poration shall maintain its principal offices and (6) ‘‘national governing body’’ means an national headquarters in such place in the amateur sports organization which is recog- United States as is determined by the Corpora- nized by the Corporation in accordance with tion, and may hold its annual and special meet- section 391 of this title; and ings in such places as the Corporation shall de- (7) ‘‘sanction’’ means a certificate of ap- termine. proval issued by a national governing body. (Sept. 21, 1950, ch. 975, title I, § 101, formerly § 1, (Sept. 21, 1950, ch. 975, title I, § 103, as added Nov. 64 Stat. 899; Aug. 10, 1964, Pub. L. 88–407, 78 Stat. 8, 1978, Pub. L. 95–606, § 1(b), 92 Stat. 3045.) 383; renumbered title I, § 101, and amended Nov. 8, 1978, Pub. L. 95–606, § 1(a), 92 Stat. 3045.) PRIOR PROVISIONS

AMENDMENTS A prior section 373, act Sept. 21, 1950, ch. 975, § 3, 64 Stat. 900, related to objects and purposes of corpora- 1978—Pub. L. 95–606 substituted ‘‘Corporation’’ for tion, prior to repeal by Pub. L. 95–606, § 1(b). See section ‘‘corporation’’, ‘‘such place in the United States as is 374 of this title. determined by the Corporation’’ for ‘‘the city of Wash- ington, District of Columbia’’ and ‘‘the Corporation’’ § 374. Objects and purposes of Corporation for ‘‘the said incorporators’’. The objects and purposes of the Corporation CHANGE OF NAME shall be to— ‘‘United States Olympic Committee’’ substituted in (1) establish national goals for amateur ath- text for ‘‘United States Olympic Association’’ on au- letic activities and encourage the attainment thority of Pub. L. 88–407, which is set out as section 383 of this title. of those goals; (2) coordinate and develop amateur athletic SHORT TITLE OF 1978 AMENDMENT activity in the United States directly relating Provision preceding section 1 of Pub. L. 95–606 pro- to international amateur athletic competi- vided: ‘‘That this Act [enacting sections 372 to 382b and tion, so as to foster productive working rela- 391 to 396 of this title, amending this section, and re- tionships among sports-related organizations; pealing former sections 372 to 382 of this title] may be (3) exercise exclusive jurisdiction, either di- cited as the ‘Amateur Sports Act of 1978’.’’ rectly or through its constituent members of SECTION REFERRED TO IN OTHER SECTIONS 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 Olympic Games and in the Pan-American § 372. Completion of organization 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 amateur representation possible in each com- (Sept. 21, 1950, ch. 975, title I, § 102, as added Nov. petition and event of the Olympic Games and 8, 1978, Pub. L. 95–606, § 1(b), 92 Stat. 3045.) 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; § 375 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 84

(6) promote and encourage physical fitness sport which is included on the program of the and public participation in amateur athletic Olympic Games or the Pan-American Games; activities; (5) facilitate, through orderly and effective (7) assist organizations and persons con- administrative procedures, the resolution of cerned with sports in the development of ama- conflicts or disputes which involve any of its teur athletic programs for amateur athletes; members and any amateur athlete, coach, (8) provide for the swift resolution of con- trainer, manager, administrator, official, na- flicts and disputes involving amateur athletes, tional governing body, or amateur sports orga- national governing bodies, and amateur sports nization and which arise in connection with organizations, and protect the opportunity of their eligibility for and participation in the any amateur athlete, coach, trainer, manager, Olympic Games, the Pan-American world administrator, or official to participate in championship competition, or other protected amateur athletic competition; competition as defined in the constitution and (9) foster the development of amateur ath- bylaws of the Corporation; letic facilities for use by amateur athletes and (6) sue and be sued; assist in making existing amateur athletic fa- (7) make contracts; cilities available for use by amateur athletes; (8) acquire, hold, and dispose of real and per- (10) provide and coordinate technical infor- sonal property as may be necessary for its cor- mation on physical training, equipment de- porate purposes; sign, coaching, and performance analysis; (9) accept gifts, legacies, and devices in fur- (11) encourage and support research, devel- therance of its corporate purposes; opment, and dissemination of information in (10) borrow money to carry out its corporate the areas of sports medicine and sports safety; purposes, issue notes, bonds, or other evi- (12) encourage and provide assistance to dences of indebtedness therefor, and secure the amateur athletic activities for women; same by mortgage, subject in each case to the (13) encourage and provide assistance to laws of the United States or of any State; amateur athletic programs and competition (11) provide financial assistance to any orga- for handicapped individuals, including, where nization or association, other than a corpora- feasible, the expansion of opportunities for tion organized for profit, in furtherance of the meaningful participation by handicapped indi- purposes of the Corporation; viduals in programs of athletic competition (12) approve and revoke membership in the for able-bodied individuals; and Corporation; (14) encourage and provide assistance to (13) adopt and alter a corporate seal; amateur athletes of racial and ethnic minori- (14) establish and maintain offices for the ties for the purpose of eliciting the participa- conduct of the affairs of the Corporation; (15) publish a newspaper, magazine, or other tion of such minorities in amateur athletic ac- publication consistent with its corporate pur- tivities in which they are underrepresented. poses; and (Sept. 21, 1950, ch. 975, title I, § 104, as added Nov. (16) do any and all acts and things necessary 8, 1978, Pub. L. 95–606, § 1(b), 92 Stat. 3046.) and proper to carry out the purposes of the PRIOR PROVISIONS Corporation. A prior section 374, act Sept. 21, 1950, ch. 975, § 4, 64 (b) The Corporation shall adopt and may Stat. 900, related to powers of corporation, prior to re- amend a constitution and bylaws not inconsist- peal by Pub. L. 95–606, § 1(b). See section 375 of this ent with the laws of the United States or of any title. State, except that the Corporation may amend Provisions similar to those comprising this section its constitution only if it— were contained in former section 373 of this title prior (1) publishes in its principal publication a to repeal by Pub. L. 95–606. general notice of the proposed alteration of 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 com- PRIOR PROVISIONS petitions and events of the Olympic Games 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, prior to repeal by Pub. L. 95–606, § 1(b). See section 376 priate national governing body, amateur rep- of this title. resentation for such games; Provisions similar to those comprising this section (4) recognize eligible amateur sports organi- were contained in former section 374 of this title prior zations as national governing bodies for any to repeal by Pub. L. 95–606. Page 85 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 380

§ 376. Membership United States Olympic Association, prior to repeal by Pub. L. 95–606, § 1(b). See section 379 of this title. (a) Eligibility for membership in the Corpora- Provisions similar to those comprising this section tion shall be determined in accordance with the were contained in former section 377 of this title prior constitution and bylaws of the Corporation. to repeal by Pub. L. 95–606. (b) In its constitution and bylaws, the Cor- § 379. Acquisition of assets and liabilities of exist- poration shall establish and maintain provisions ing association with respect to its governance and the conduct of its affairs for reasonable representation of— The Corporation may acquire any or all of the (1) amateur sports organizations recognized assets of the existing unincorporated associa- as national governing bodies in accordance tion, known as ‘‘The United States Olympic As- with section 391 of this title; sociation’’, upon discharging or satisfactorily (2) amateur athletes who are actively en- providing for the payment and discharge of all gaged in amateur athletic competition or who the liabilities of such unincorporated associa- have represented the United States in inter- tion. national amateur athletic competition within (Sept. 21, 1950, ch. 975, title I, § 109, as added Nov. the preceding 10 years; 8, 1978, Pub. L. 95–606, § 1(b), 92 Stat. 3048.) (3) amateur sports organizations which con- duct a national program or regular national PRIOR PROVISIONS amateur athletic competition in two or more A prior section 379, acts Sept. 21, 1950, ch. 975, § 9, 64 sports which are included on the program of Stat. 901; Aug. 10, 1964, Pub. L. 88–407, 78 Stat. 383, relat- the Olympic Games or the Pan-American ed to penalty for fraudulent pretense of membership or Games on a level of proficiency appropriate for use of insignia, prior to repeal by Pub. L. 95–606, § 1(b). the selection of amateur athletes to represent See section 380 of this title. the United States in international amateur Provisions similar to those comprising this section were contained in former section 378 of this title prior athletic competition; and to repeal by Pub. L. 95–606. (4) individuals not affiliated or associated with any amateur sports organization who in § 380. Use of Olympic symbols, emblems, trade- the Corporation’s judgment represent the in- marks and names terests of the American public in the activi- (a) Unauthorized use; civil action; lawful use ties of the Corporation. prior to September 21, 1950 (Sept. 21, 1950, ch. 975, title I, § 106, as added Nov. Without the consent of the Corporation, any 8, 1978, Pub. L. 95–606, § 1(b), 92 Stat. 3048.) person who uses for the purpose of trade, to in- duce the sale of any goods or services, or to pro- PRIOR PROVISIONS mote any theatrical exhibition, athletic per- A prior section 376, act Sept. 21, 1950, ch. 975, § 6, 64 formance, or competition— Stat. 901, related to nonpolitical nature of Corporation, (1) the symbol of the International Olympic prior to repeal by Pub. L. 95–606, § 1(b). See section 377 of this title. Committee, consisting of 5 interlocking rings; Provisions similar to those comprising this section (2) the emblem of the Corporation, consist- were contained in former section 375 of this title prior ing of an escutcheon having a blue chief and to repeal by Pub. L. 95–606. vertically extending red and white bars on the base with 5 interlocking rings displayed on the § 377. Nonpolitical nature of Corporation chief; The Corporation shall be nonpolitical and, as (3) any trademark, trade name, sign, symbol, an organization, shall not promote the can- or insignia falsely representing association didacy of any person seeking public office. with, or authorization by, the International Olympic Committee or the Corporation; or (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 § 381 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 86 this section from continuing such lawful use for § 382. Reservation of right to amend or repeal the same purpose and for the same goods or chapter services. The right to alter, amend, or repeal this chap- (b) Contributors and suppliers ter at any time is hereby expressly reserved. The Corporation may authorize contributors (Sept. 21, 1950, ch. 975, title I, § 112, as added Nov. and suppliers of goods or services to use the 8, 1978, Pub. L. 95–606, § 1(b), 92 Stat. 3049.) trade name of the Corporation as well as any trademark, symbol, insignia, or emblem of the PRIOR PROVISIONS International Olympic Committee or of the Cor- A prior section 382, acts Sept. 21, 1950, ch. 975, § 12, 64 poration in advertising that the contributions, Stat. 902; Aug. 30, 1964, Pub. L. 88–504, § 4(16), 78 Stat. goods, or services were donated, supplied, or fur- 637, related to transmission of reports to Congress, nished to or for the use of, approved, selected, or prior to repeal by Pub. L. 95–606, § 1(b). See section 382a used by the Corporation or United States Olym- of this title. Provisions similar to those comprising this section pic or Pan-American team or team members. were contained in former section 381 of this title prior (c) Exclusive right of Corporation to repeal by Pub. L. 95–606. The Corporation shall have exclusive right to § 382a. Annual report to President and Congress use the name ‘‘United States Olympic Commit- on operations; report to Speaker of House tee’’; the symbol described in subsection (a)(1) of and President of Senate on authorized this section; the emblem described in subsection grants (a)(2) of this section; and the words ‘‘Olympic’’, ‘‘Olympiad’’, ‘‘Citius Altius Fortius’’ or any (a) The Corporation shall, on or before the combination thereof subject to the preexisting first day of June in each year, transmit simulta- rights described in subsection (a) of this section. neously to the President and to each House of Congress a detailed report of its operations for (Sept. 21, 1950, ch. 975, title I, § 110, as added Nov. the preceding calendar year, including a full and 8, 1978, Pub. L. 95–606, § 1(b), 92 Stat. 3048.) complete statement of its receipts and expendi- REFERENCES IN TEXT tures and a comprehensive description of the ac- tivities and accomplishments of the Corporation Act of July 5, 1946 (60 Stat. 427; popularly known as during the preceding year. Copies of the report the Trademark Act of 1946), referred to in subsec. (a), shall be made available by the Corporation to is act July 5, 1946, ch. 540, 60 Stat. 427, as amended, also popularly known as the Lanham Act, which is classi- interested persons at a reasonable cost. fied generally to chapter 22 (§ 1051 et seq.) of Title 15, (b) The Corporation shall, on or before the Commerce and Trade. For complete classification of first day of June in each year, transmit simulta- this Act to the Code, see Short Title note set out under neously to the Speaker of the House of Rep- section 1051 of Title 15 and Tables. resentatives and to the President of the Senate a detailed report of those grants authorized to PRIOR PROVISIONS the Corporation pursuant to the provisions of A prior section 380, act Sept. 21, 1950, ch. 975, § 10, 64 section 211 of the Act and a full and complete Stat. 902, related to agents for service of process, prior statement of the expenditures of such funds to repeal by Pub. L. 95–606, § 1(b). See section 381 of this made available. The report shall be referred to title. the Committee on Appropriations of each House Provisions similar to those comprising this section were contained in former section 379 of this title prior and shall include a detailed and comprehensive to repeal by Pub. L. 95–606. description of those programs which the Cor- poration anticipate 1 it will finance during the SECTION REFERRED TO IN OTHER SECTIONS next fiscal year out of such funds made available This section is referred to in title 15 sections 1116, pursuant to the provisions of section 211 of the 1117; title 18 section 2320. Act. The Corporation shall continue to transmit the report required under this subsection (b) § 381. Agents for service of process until the total sums made available under sec- tion 211 of the Act have been expended. As a condition precedent to the exercise of any power or privilege granted or conferred under (Sept. 21, 1950, ch. 975, title I, § 113, as added Nov. this chapter, the Corporation shall file in the of- 8, 1978, Pub. L. 95–606, § 1(b), 92 Stat. 3049.) fice of the secretary of state, or similar office, in REFERENCES IN TEXT each State the name and post-office address of an authorized agent of the Corporation in such Section 211 of the Act, referred to in subsec. (b), prob- State upon whom local process or demands ably means section 210 of Senate Bill S. 2727, redesig- against the Corporation may be served. nated section 211 in Senate Report No. 95–770, which was originally proposed by the Senate as part of the (Sept. 21, 1950, ch. 975, title I, § 111, as added Nov. legislation that was enacted as Pub. L. 95–606 but was 8, 1978, Pub. L. 95–606, § 1(b), 92 Stat. 3049.) omitted in the final version as enacted by Congress. Similar statutory provisions were enacted in Pub. L. PRIOR PROVISIONS 95–482, § 113, Oct. 18, 1978, 92 Stat. 1605, which is classi- fied to section 384 of this title. A prior section 381, act Sept. 21, 1950, ch. 975, § 11, 64 Stat. 902, related to reservation of right to amend or re- PRIOR PROVISIONS peal act Sept. 21, 1950, ch. 975, 64 Stat. 899, which com- Provisions similar to those comprising this section prises this chapter, prior to repeal by Pub. L. 95–606, were contained in former section 382 of this title prior § 1(b). See section 382 of this title. to repeal by Pub. L. 95–606. Provisions similar to those comprising this section were contained in former section 380 of this title prior to repeal by Pub. L. 95–606. 1 So in original. Probably should be ‘‘anticipates’’. Page 87 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 391

§ 382b. Resolution of disputes shall provide and shall contain provisions to as- sure that such funds are disbursed in accordance In its constitution and bylaws, the Corpora- with the provisions of this section. For the pur- tion shall establish and maintain provisions for pose of review or audit, the Secretary shall have the swift and equitable resolution of disputes in- access to any books, documents, papers, and volving any of its members and relating to the records which are relevant to any grant received opportunity of an amateur athlete, coach, train- under this section. er, manager, administrator, or official to par- ticipate in the Olympic Games, the Pan-Amer- (d) Authorization of appropriations ican Games, world championship competition, There are authorized to be appropriated to the or other such protected competition as defined Secretary not to exceed $16,000,000 in fiscal year in such constitution and bylaws. 1980, such sums to remain available until ex- pended. (Sept. 21, 1950, ch. 975, title I, § 114, as added Nov. 8, 1978, Pub. L. 95–606, § 1(b), 92 Stat. 3049.) (Pub. L. 95–482, § 113, Oct. 18, 1978, 92 Stat. 1605.) REFERENCES IN TEXT § 383. Change in name of United States Olympic Association The Amateur Sports Act of 1978, referred to in subsec. (a), is Pub. L. 95–606, Nov. 8, 1978, 92 Stat. 3045, which The corporation known as the United States enacted sections 372 to 382b and 391 to 396 of this title, Olympic Association, which was incorporated by amended section 371 of this title, repealed former sec- this chapter, shall be known and designated on tions 372 to 382 of this title, and enacted a provision set and after August 10, 1964, as the United States out as a note under section 371 of this title. For com- Olympic Committee and any reference to such plete classification of this Act to the Code, see Short Title of 1978 Amendment note set out under section 371 corporation under the name of the United States of this title and Tables. Olympic Association shall be held to refer to such corporation under and by the name of the CODIFICATION United States Olympic Committee. Section was not enacted as part of act Sept. 21, 1950, ch. 975, which comprises this chapter. (Pub. L. 88–407, Aug. 10, 1964, 78 Stat. 383.) SUBCHAPTER II—NATIONAL GOVERNING CODIFICATION BODIES Section was not enacted as part of act Sept. 21, 1950, ch. 975, which comprises this chapter. § 391. Recognition of amateur sports organiza- tions § 384. Grants to Corporation (a) National governing body; application; notice (a) Authorization; development of amateur ath- and hearing letics in United States For any sport which is included on the pro- The Secretary of Commerce (hereinafter in gram of the Olympic Games or the Pan-Amer- this section referred to as the ‘‘Secretary’’) is ican Games, the Corporation is authorized to authorized to award grants to the United States recognize as a national governing body an ama- Olympic Committee (hereinafter in this section teur sports organization which files an applica- referred to as ‘‘the Corporation’’) to assist in the tion and is eligible for such recognition, in ac- development of amateur athletics in the United cordance with the provisions of subsection (b) of States. The Corporation may apply to the Sec- this section. The Corporation shall recognize retary for funds available under this section, only one national governing body for each sport and shall use such funds consistent with the pro- for which an application is made and approved. visions of the Amateur Sports Act of 1978. The Prior to the recognition of a national governing Secretary may approve any application which body under the authority granted under this meets the requirements of this section, and subchapter and in accordance with the proce- award grants to the Corporation in a total sum dures and requirements of this section, the Cor- not exceeding $16,000,000 to finance the construc- poration shall hold a hearing open to the public tion, improvement, and maintenance of facili- on the application for such recognition. The ties for programs of amateur athletic activity Corporation shall publish notice of the time, and to defray direct operating costs of programs place, and nature of the hearing. Publication of amateur athletic activity, consistent with shall be made in a regular issue of the Corpora- section 374 of this title. tion’s principal publication at least 30 days, but not more than 60 days, prior to the date of the (b) Annual report hearing. The Corporation shall, on or before the first (b) Eligibility requirements day of June of each year, transmit to the Con- gress a report which shall include a detailed ac- No amateur sports organization is eligible to counting of the funds made available to the Cor- be recognized or is eligible to continue to be rec- poration by the Secretary pursuant to sub- ognized as a national governing body unless it— section (a) of this section and a comprehensive (1) is incorporated under the laws of any of description of those projects which the Corpora- the several States of the United States or the tion anticipates it will finance during the next District of Columbia as a not-for-profit cor- fiscal year with funds authorized by this section. poration having as its purpose the advance- ment of amateur athletic competition, and has (c) Application for funds; access to books, docu- the managerial and financial capability to ments, etc. plan and execute its obligations; Each application for funds available under this (2) submits an application for recognition, in section shall be in such form as the Secretary such form as the Corporation shall require, as § 391 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 88

a national governing body and, upon applica- nization which, in the sport for which recogni- tion, submits a copy of its corporate charter tion is sought, conducts, on a level of pro- and bylaws and any additional information as ficiency appropriate for the selection of ama- is considered necessary or appropriate by the teur athletes to represent the United States in Corporation; international amateur athletic competition, a (3) agrees to submit, upon demand of the national program or regular national amateur Corporation, to binding arbitration conducted athletic competition, and ensures that such in accordance with the commercial rules of representation shall reflect the nature, scope, the American Arbitration Association in any quality, and strength of the programs and controversy involving its recognition as a na- competitions of such amateur sports organiza- tional governing body, as provided for in sec- tion in relation to all other such programs and tion 395 of this title, or involving the oppor- competitions in such sport in the United tunity of any amateur athlete, coach, trainer, States; manager, administrator or official to partici- (10) demonstrates that none of its officers pate in amateur athletic competition, as pro- are also officers of any other amateur sports vided for in the Corporation’s constitution and organization which is recognized as a national bylaws; governing body; (4) demonstrates that it is autonomous in (11) provides procedures for the prompt and the governance of its sport, in that it equitable resolution of grievances of its mem- independently determines and controls all bers; matters central to such governance, does not (12) does not have eligibility criteria relat- delegate such determination and control, and ing to amateur status which are more restric- is free from outside restraint, and dem- tive than those of the appropriate inter- onstrates that it is a member of no more than national sports federation; and one international sports federation which gov- (13) demonstrates, if it is an amateur sports erns a sport included on the program of the organization seeking recognition as a national Olympic Games or the Pan-American Games; governing body, that it is prepared to meet the (5) demonstrates that its membership is obligations imposed on a national governing open to any individual who is an amateur ath- body under section 392 of this title. lete, coach, trainer, manager, administrator, (c) Period within which to comply with eligi- or official active in the sport for which rec- bility requirements; suspension or revoca- ognition is sought, or to any amateur sports tion of recognition organization which conducts programs in the (1) Except as provided in paragraph (2), any sport for which recognition is sought, or to amateur sports organization which on November both; 8, 1978, is recognized by the Corporation to rep- (6) provides an equal opportunity to amateur resent a particular sport shall be considered to athletes, coaches, trainers, managers, admin- be the national governing body for that sport. istrators, and officials to participate in ama- Such an organization is exempt for a period of 2 teur athletic competition, without discrimina- years from November 8, 1978, from meeting the tion on the basis of race, color, religion, age, requirements of subsection (b) of this section, sex, or national origin, and with fair notice and during the 2-year period shall take the nec- and opportunity for a hearing to any amateur essary actions to meet such requirements if it athlete, coach, trainer, manager, adminis- desires to retain its recognition. After the expi- trator, or official before declaring such indi- ration of the 2-year period, such an organization vidual ineligible to participate; (7) is governed by a board of directors or shall continue as the national governing body other such governing board whose members for that sport unless the Corporation determines are selected without regard to race, color, reli- that such organization is not in compliance with 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; (B) revoke the recognition of such national board of directors or other such governing governing body; or board; (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 Page 89 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 392 body during the 2-year period if such suspension (9) encourage and support research, develop- or revocation is for the same reason as the Cor- ment, and dissemination of information in the poration could have revoked or suspended such areas of sports medicine and sports safety. national governing body prior to November 8, (b) As a result of its review under subsection 1978. (a)(4) of this section, if a national governing (d) Recommendation of national governing body body does not determine by clear and convincing as United States representative to appro- evidence that holding or sponsoring an inter- priate international sports federation national amateur athletic competition would be Within 61 days after recognizing an amateur detrimental to the best interest of the sport, the sports organization as a national governing national governing body shall promptly grant to body, in accordance with subsection (a) of this an amateur sports organization or person a section, the Corporation shall recommend and sanction to— support in any appropriate manner such na- (1) hold an international amateur athletic tional governing body to the appropriate inter- competition in the United States, if such ama- national sports federation as the representative teur sports organization or person— of the United States for that sport. (A) pays to the national governing body any required sanctioning fee, if such fee is (Sept. 21, 1950, ch. 975, title II, § 201, as added reasonable and nondiscriminatory; Nov. 8, 1978, Pub. L. 95–606, § 2, 92 Stat. 3050.) (B) demonstrates that— (i) appropriate measures have been taken SECTION REFERRED TO IN OTHER SECTIONS to protect the amateur status of athletes This section is referred to in sections 373, 376, 395 of who will take part in the competition and this title. to protect their eligibility to compete in § 392. Duties of national governing bodies amateur athletic competition, (ii) appropriate provision has been made (a) For the sport which it governs, a national for validation of records which may be es- governing body is under duty to— tablished during the competition, (1) develop interest and participation (iii) due regard has been given to any throughout the United States and be respon- international amateur athletic require- sible to the persons and amateur sports orga- ments specifically applicable to the com- nizations it represents; petition, (2) minimize, through coordination with (iv) the competition will be conducted by other amateur sports organizations, conflicts qualified officials, in the scheduling of all practices and competi- (v) proper medical supervision will be tions; provided for athletes who will participate (3) keep amateur athletes informed of policy in the competition, and matters and reasonably reflect the views of (vi) proper safety precautions have been such athletes in its policy decisions; taken to protect the personal welfare of (4) promptly review every request submitted the athletes and spectators at the com- by an amateur sports organization or person petition, and for a sanction (A) to hold an international (C) submits to the national governing body amateur athletic competition in the United an audited or notarized financial report of States; or (B) to sponsor United States ama- similar events, if any, conducted by the teur athletes to compete in international ama- amateur sports organization or person; or teur athletic competition held outside the United States, and determine whether to grant (2) sponsor United States amateur athletes such sanction, in accordance with the provi- to compete in international amateur athletic sions of subsection (b) of this section; competition held outside the United States, if (5) allow an amateur athlete to compete in such amateur sports organization or person— any international amateur athletic competi- (A) pays to the national governing body tion conducted under its auspices or that of any required sanctioning fee, if such fee is reasonable and nondiscriminatory; any other amateur sports organization or per- (B) submits a letter from the appropriate son, unless it establishes that its denial was entity which will hold the international based on evidence that the organization or amateur athletic competition certifying person conducting the competition did not that— meet the requirements stated in subsection (b) (i) appropriate measures have been taken of this section; to protect the amateur status of athletes (6) provide equitable support and encourage- who will take part in the competition and ment for participation by women where sepa- to protect their eligibility to compete in rate programs for male and female athletes amateur athletic competition, are conducted on a national basis; (ii) appropriate provision has been made (7) encourage and support amateur athletic for validation of records which may be es- sports programs for handicapped individuals tablished during the competition, and the participation of handicapped individ- (iii) due regard has been given to any uals in amateur athletic activity, including, international amateur athletic require- where feasible, the expansion of opportunities ments specifically applicable to the com- for meaningful participation by handicapped petition, individuals in programs of athletic competi- (iv) the competition will be conducted by tion for able-bodied individuals; qualified officials, (8) provide and coordinate technical infor- (v) proper medical supervision will be mation on physical training, equipment de- provided for athletes who will participate sign, coaching, and performance analysis; and in the competition, and § 393 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 90

(vi) proper safety precautions have been governing body and may take such action as it taken to protect the personal welfare of considers appropriate, including, but not limited the athletes and spectators at the com- to, placing conditions upon the continued rec- petition; and ognition of the national governing body. (C) submits a report of the most recent (Sept. 21, 1950, ch. 975, title II, § 204, as added trip, if any, to a foreign country which the Nov. 8, 1978, Pub. L. 95–606, § 2, 92 Stat. 3055.) amateur sports organization or person spon- sored for the purpose of having United § 395. Compelling compliance with eligibility re- States amateur athletes compete in inter- quirements and performance of duties by na- national amateur athletic competition. tional governing bodies (Sept. 21, 1950, ch. 975, title II, § 202, as added (a) Written complaint; exhaustion of remedies re- Nov. 8, 1978, Pub. L. 95–606, § 2, 92 Stat. 3052.) quirement; hearing; determination by Cor- poration; probation; revocation of recogni- SECTION REFERRED TO IN OTHER SECTIONS tion This section is referred to in sections 391, 395 of this title. (1) Any amateur sports organization or person which belongs to or is eligible to belong to a na- § 393. Authority of national governing bodies tional governing body may seek to compel such national governing body to comply with the re- For the sport which it governs, a national gov- quirements of sections 391(b) and 392 of this title erning body is authorized to— by filing a written complaint with the Corpora- (1) represent the United States in the appro- tion. Such organization or person may take such priate international sports federation; action only after having exhausted all available (2) establish national goals and encourage remedies within such national governing body the attainment of those goals; (3) serve as the coordinating body for ama- for correcting deficiencies, unless it can be teur athletic activity in the United States; shown by clear and convincing evidence that (4) exercise jurisdiction over international those remedies would have resulted in unneces- amateur athletic activities and sanction inter- sary delay. The Corporation shall establish pro- national amateur athletic competition held in cedures for the filing and disposition of com- the United States and sanction the sponsor- plaints received under this subsection. A copy of ship of international amateur athletic com- the complaint shall also be served on the appli- petition held outside the United States; cable national governing body. (5) conduct amateur athletic competition, (2) Within 30 days after the filing of the com- including national championships, and inter- plaint, the Corporation shall determine whether national amateur athletic competition in the the organization has exhausted its remedies United States, and establish procedures for within the applicable national governing body, the determination of eligibility standards for as provided in paragraph (1) of this subsection. If participation in such competitions, except for the Corporation determines that any such rem- that amateur athletic competition specified in edies have not been exhausted, it may direct section 396 of this title; that such remedies be pursued before the Cor- (6) recommend to the Corporation individ- poration will further consider the complaint. uals and teams to represent the United States (3)(A) Within 90 days after the filing of a com- in the Olympic Games and the Pan-American plaint under paragraph (1) of this subsection, if Games; and the Corporation determines that all such rem- (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 sub- section, 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 of hearings conducted pursuant to this sub- Pub. L. 96–304, title I, § 100, July 8, 1980, 94 Stat. 898, 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 comply with such requirements, or such national governing body as the member of the 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 Page 91 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 395 the national governing body has proven by clear (C) revoke the recognition of the national and convincing evidence that, through no fault governing body and recognize the applicant as of its own, it needs additional time to comply the national governing body; or with such requirements. If, at the end of the pe- (D) decide to place the national governing riod allowed by the Corporation, the national body on probation of not to exceed 180 days, governing body has not complied with such re- pending the compliance of the national gov- quirements, the Corporation shall revoke the erning body, if such national governing body recognition of such national governing body. would have retained recognition except for a (b) Replacement of incumbent national govern- minor deficiency in one of the requirements of ing body section 391(b) or 392 of this title. (b)(1) Any amateur sports organization may If the national governing body does not comply seek to replace an incumbent as the national within the prescribed time period, the Corpora- governing body for a particular sport by filing tion shall revoke the recognition of the national with the Corporation a written application for governing body and either recognize the appli- such recognition. Such application shall be filed cant as the national governing body, or declare (A) within the 1-year period after the final day a vacancy in the national governing body for of any Olympic Games, in the case of a sport for that sport. which competition is held in the Olympic Games (5) Within 61 days after recognizing an ama- or in both the Olympic and Pan-American teur sports organization as a national governing Games; or (B) within the 1-year period after the body, in accordance with this subsection, the final day of any Pan-American Games, in the Corporation shall recommend and support in case of a sport for which competition is held in any appropriate manner such national govern- the Pan-American Games and not in the Olym- ing body to the appropriate international sports pic Games. If two or more organizations file ap- federation as the representative of the United States for that sport. plications for the same sport, such applications shall be considered in a single proceeding. (c) Arbitration of Corporation determinations (2) Any application filed under this subsection (c)(1) The right to review by any party ag- shall be filed with the Corporation by registered grieved by a determination of the Corporation mail. The Corporation shall establish procedures under the requirements of this section or sec- for the filing and disposition of applications re- tion 391(c) of this title shall be to any regional ceived under this subsection. A copy of any such office of the American Arbitration Association. application for recognition shall also be served Such demand for arbitration shall be submitted on the applicable national governing body. The within 30 days of the determination of the Cor- Corporation shall inform the applicant for rec- poration. Upon receipt of such a demand for ar- ognition that its application has been received. bitration, the Association shall serve notice on (3) Within 180 days after receipt of an applica- the parties to the arbitration and on the Cor- tion filed under this subsection, the Corporation poration, and shall immediately proceed with shall conduct a formal hearing to determine the arbitration according to the commercial rules of merits of the application. The Corporation shall the Association in effect at the time of the filing publish notice of the time and place of such of the demand, except that— hearing in a regular issue of its principal publi- (A) the arbitration panel shall consist of not cation at least 30 days, but not more than 60 less than three arbitrators, unless the parties days, prior to the date of the hearing. In the to the proceeding mutually agree to a lesser course of such hearing, the applicant and the na- number; tional governing body shall be given a reason- (B) the arbitration hearing shall take place able opportunity to present evidence supporting at a site selected by the Association, unless their respective positions. During such hearing, the parties to the proceeding mutually agree the applicant amateur sports organization must to the use of another site; and establish by a preponderance of the evidence (C) the arbitration hearing shall be open to that it meets the criteria for recognition as a the public. national governing body under section 391(b) of (2) The arbitrators in any arbitration are em- this title, and that— powered to settle any dispute arising under the (A) the national governing body does not provisions of this chapter prior to making a meet the criteria of section 391(b) or 392 of this final award, if mutually agreed to by the parties title; or to the proceeding and achieved in a manner not (B) it more adequately meets the criteria of inconsistent with the constitution and bylaws of section 391(b) of this title, is capable of more the Corporation. adequately meeting the criteria of section 392 (3) Each contesting party may be represented of this title, and provides or is capable of pro- by counsel or by any other duly authorized rep- viding a more effective national program of resentative at the arbitration proceeding. The competition, than the national governing body parties may offer any evidence which they de- in the sport for which it seeks recognition. sire and shall produce any additional evidence (4) Within 30 days of the close of the hearing as the arbitrators believe necessary to an under- required under this subsection, the Corporation standing and determination of the dispute. The shall— arbitrators shall be the sole judges of the rel- (A) uphold the right of the national govern- evancy and materiality of the evidence offered. ing body to continue as the national governing Conformity to legal rules of evidence shall not body for its sport; be necessary. (B) revoke the recognition of the national (4) All decisions by the arbitrators shall be by governing body and declare a vacancy in the majority vote unless the concurrence of all is national governing body for that sport; expressly required by the contesting parties. § 396 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 92

(5) Final decision of the arbitrators shall be Sec. binding upon the involved parties, if such award 418. Exclusive right to name, seals, emblems, and badges. is not inconsistent with the constitution and by- 419. Agents for service of process. laws of the Corporation. 420. ‘‘State’’ defined. (6) The hearings may be reopened, by the arbi- 421. Reservation of right to amend or repeal chap- trators upon their own motion or upon the mo- ter. tion of any contesting party, at any time before § 401. Corporation created a final decision is made, except that, if any con- testing party makes such a motion, all parties The following named persons: to the decision must agree to reopen the hear- Honorable Albert Rains, Gadsden, Alabama; ings if such reopening would result in the arbi- Miss Ruth James, Gadsden, Alabama; Hoyt G. trators’ decision being delayed beyond the spe- Irving, 512 Hoatson Street, Warren, Arizona; cific period agreed upon at the beginning of the Miss Mary Capps, Nogales, Arizona; Claude M. arbitration proceedings. Hirst, Prescott, Arkansas; Mrs. Gertrude Scott, 1123 Stratford Avenue, South Pasadena, Califor- (Sept. 21, 1950, ch. 975, title II, § 205, as added nia; Howard W. Scott, Box 122, Palisade, Colo- Nov. 8, 1978, Pub. L. 95–606, § 2, 92 Stat. 3055.) rado; Benjamin Sherman, Hartford, Connecticut; SECTION REFERRED TO IN OTHER SECTIONS Miss Catherine Flynn, Meriden, Connecticut; Honorable J. Caleb Boggs, 1250 Kynlyn Drive, This section is referred to in section 391 of this title. Wilmington, Delaware; Mrs. Ruth F. Henderson, § 396. Jurisdiction of restricted amateur athletic Seaford, Delaware; Charles A. Henderson, competitions; national governing body sanc- Seaford, Delaware; Charles G. Lavin, Jackson- tion for international amateur athletic com- ville, Florida; Miss Utha Gray Smith, Orange petitions Court Hotel, Orlando, Florida; Colonel K. N. Parkinson, Blackfoot, Idaho; Honorable Addison Any amateur sports organization which con- T. Smith, Twin Falls, Idaho; ducts amateur athletic competition, participa- Arnold M. Lederer, 5222 North Christiana Ave- tion in which is restricted to a specific class of nue, Chicago, Illinois; Miss Charlotte A. Marr, amateur athletes (such as high school students, 6327 North Okato Avenue, Chicago, Illinois; Hon- college students, members of the Armed Forces, orable Ralph Harvey, Rural Route 4, Newcastle, or similar groups or categories), shall have ex- Indiana; Honorable Charles A. Halleck, 604 Jef- clusive jurisdiction over such competition. If ferson Street, Rensselaer, Indiana; Mrs. Esther such an amateur sports organization wishes to Costa, Indianapolis, Indiana; Honorable Bourke conduct international amateur athletic com- Blakemore Hickenlooper, Cedar Rapids, Iowa; petition to be held in the United States, or spon- Honorable Ben Franklin Jensen, Exira, Iowa; sor international amateur athletic competition Honorable Andrew F. Schoeppel, 115 South to be held outside the United States, it shall ob- Rutan Avenue, Wichita, Kansas; Charles H. tain a sanction from the appropriate national Helsper, 1199 West Street, Topeka, Kansas; Rob- governing body. ert W. Salyers, 1801 South Third Street, Louis- (Sept. 21, 1950, ch. 975, title II, § 206, as added ville, Kentucky; F. M. Broussard, Lafayette, Nov. 8, 1978, Pub. L. 95–606, § 2, 92 Stat. 3058.) Louisiana; Paul Jones, Winfield, Louisiana; Honorable Homer E. Capehart, Capehart 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. 402. Purposes of corporation. Maryland; Charles F. Sharkey, 31 Thurston 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. (b) Election of officers; tenure. sissippi; Paul D. Best, Tunica, Mississippi; (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 pay- ment 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 Page 93 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 404

Angel, 926 South Pacific, Las Vegas, New Mex- AMENDMENTS ico; 1968—Pub. L. 90–382 redesignated the Conference of Wilfred S. Dowling, 330 West Seventy-sixth State Societies as the National Conference of State So- Street, New York, New York; Miss Marie T. cieties. Dowling, 1882 DeKalb Avenue, Ridgewood, Brooklyn, New York; John K. Slear, 511 North § 402. Purposes of corporation Church Street, Charlotte, North Carolina; Mrs. The purposes of this corporation shall be to W. Ney Evans, High Point, North Carolina; promote friendly and cooperative relations be- Peter Valiar, Winston-Salem, North Carolina; tween the various State and Territorial soci- John S. Bartlett, 458 Moreley Avenue, Akron, eties in the District of Columbia, and to foster, Ohio; Carl M. Walker, Pierre, South Dakota; participate in, and encourage educational, cul- Miss Iva Van Horn, Kennebec, South Dakota; tural, charitable, civic, and patriotic programs, William L. Covington, 1510 Gale Avenue, Nash- and activities in the District of Columbia and ville, Tennessee; D. C. Scott Daniel, Paris, Ten- surrounding communities, to act as contact nessee; W. M. Burkhalter, McKenzie, Tennessee; agent with States for carrying out State and Na- Miss Bessie D. Thrasher, 2308 Highland Avenue, tional programs. Nashville, Tennessee; Maurice R. Barnes, (Apr. 3, 1952, ch. 131, § 2, 66 Stat. 38.) Kaysville, Utah; Don Cassidy, Tooele, Utah; Robert W. Barker, 1217 Washington Boulevard, § 403. Powers of corporation Ogden, Utah; John Y. Merrell, Brigham City, Utah; Miss Dorothy Hurley, Saint Albans, Ver- The corporation shall have the following pow- mont; ers: Captain George P. Grove, 3608 North Albe- (a) To sue and be sued, complain and defend in marle Street, Arlington, Virginia; Mrs. Grace any court of competent jurisdiction; Montgomery, 301 Bellview Boulevard, Alexan- (b) To adopt, alter, and use a corporate seal; dria, Virginia; Colonel Heber H. Rice, 206 West (c) To choose such officers, managers, and Eleventh Avenue, Huntington, West Virginia; agents as the business of the corporation may Willis G. Kemper, 45 Maple Avenue, Morgan- require; town, West Virginia; Honorable Harley M. Kil- (d) To ordain and establish bylaws and regula- gore, Beckley, West Virginia; Honorable J. R. tions, not inconsistent with the laws of the Farrington, 3180 Pacific Heights Road, Honolulu, United States of America or of any State in Hawaii; Mrs. Margaret C. Turner, 607 which the corporation operates, for the manage- Stangenwald Building, Honolulu, Hawaii; Ray E. ment of its property and the regulation of its af- Davis, Melbourne, Arkansas; George A. Herman, fairs; 11 Crocker Road, Medford, Massachusetts; Ken- (e) To contract and be contracted with; neth W. Ingwalson, Little Falls, Minnesota; J. F. (f) To take and hold by lease, gift, purchase, Caprenter, Crookston, Minnesota; Earl Cox, 17 grant, devise, or bequest any property, real or Alfaretta Avenue, Akron, Ohio; John M. King, personal, necessary for carrying into effect the 1318 Northwest Ninety-first Street, Oklahoma purposes of the corporation, subject to applica- City, Oklahoma; ble provisions of law of any State (1) governing the amount or kind of real and personal prop- Kenneth N. Hardy, Edmond, Oklahoma; Keith erty which may be held by, or (2) otherwise lim- Hall, 808 North Holman Street, Portland, Or- iting or controlling the ownership of real and egon; Miss Pherne Miller, Eugene, Oregon; Hon- personal property by, a corporation operating in orable O. E. Teague, Bryan, Texas; L. Tex such State; Easley, 1106 Wesleyan Avenue, Fort Worth, (g) To transfer or convey real or personal Texas; Honorable William K. Van Pelt, 47 Oak property; Lawn Avenue, Fond du Lac, Wisconsin; Walter (h) To borrow money for the purposes of the Haefs, Oshkosh, Wisconsin; H. Mills Astin, 815 corporation, issue notes, bonds, or other evi- East Fifth Street, Casper, Wyoming; Miss Mar- dences of indebtedness therefor, and secure the ian Jones, Lingle, Wyoming; Honorable John J. same by mortgage, subject in every case to all Allen, Junior, Oakland, California; Milo Palmer, applicable provisions of Federal or State law; Concord, New Hampshire; Miss Victoria E. (i) To use and display such emblems and Dobroska, 78 Temple Street, Nashua, New Hamp- badges as it may adopt; shire; Major General Floyd L. Parks, Greenville, (j) To publish a newspaper, magazine, or other South Carolina; Reverend J. Warren Hastings, publication consistent with its corporate pur- Seattle, Washington; poses; and other persons who are members of the Con- (k) To do any and all acts necessary and prop- ference of State Societies, Washington. District er to carry out the purposes of the corporation. of Columbia, their successors, and persons ad- (Apr. 3, 1952, ch. 131, § 3, 66 Stat. 38.) mitted to membership pursuant to the provi- sions of this chapter, are created and declared to § 404. Headquarters and principal office; terri- be a body corporate by the name of the ‘‘Na- torial scope of activities; agent for service of tional Conference of State Societies, Washing- process ton, District of Columbia’’, and by such name 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 corporation shall not be confined to that place, (Apr. 3, 1952, ch. 131, § 1, 66 Stat. 37; July 5, 1968, but may be conducted throughout the various Pub. L. 90–382, § 1(1), 82 Stat. 292.) States and Territories of the United States. § 405 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 94

(b) The corporation shall maintain at all times Miss Marion Jones, Miss Dorothy Hurley, in the District of Columbia a designated agent Charles F. Sharkey, Arthur Angel, Ralph A. Pat- authorized to accept service of process for the terson, Miss Hazel Ireman. Corporation, such designation to be filed in the (Apr. 3, 1952, ch. 131, § 7, 66 Stat. 39.) office of the clerk of the United States District Court for the District of Columbia. Notice to, or § 408. Acquisition of assets and liabilities of exist- service upon, such agent, or mailed to the ad- ing organization dress of such agent, shall be deemed sufficient notice or service upon the corporation. The corporation may acquire any or all of the assets of the existing organization known as the (Apr. 3, 1952, ch. 131, § 4, 66 Stat. 39.) Conference of State Societies, Washington, Dis- § 405. Membership trict of Columbia, upon discharging or providing for the payment and discharge of all its liabil- The membership of the corporation shall be ities; and shall promptly file with the Congress made up of the members of the various State full information with respect to such discharge and Territorial societies in the District of Co- provisions. lumbia. Eligibility for membership in the cor- poration and the rights and privileges of mem- (Apr. 3, 1952, ch. 131, § 8, 66 Stat. 40.) bers shall, except as provided in this chapter, be § 409. Distribution of income or assets to mem- determined according to the regulations and by- bers laws of the corporation. (Apr. 3, 1952, ch. 131, § 5, 66 Stat. 39.) No part of the income or assets of the corpora- tion shall inure or be distributable to any mem- § 406. Officers ber or officer thereof except upon dissolution and final liquidation of the corporation as pro- The officers of the corporation shall be a presi- vided in section 417 of this title. dent, first vice president, second vice president, secretary, assistant secretary, treasurer, assist- (Apr. 3, 1952, ch. 131, § 9, 66 Stat. 40.) ant treasurer, historian, and such other officers as may be designated by the governing body. § 410. Propaganda activities prohibited (Apr. 3, 1952, ch. 131, § 6, 66 Stat. 39.) No part of the activities of the corporation shall consist of carrying on propaganda. § 407. Board of representatives (Apr. 3, 1952, ch. 131, § 10, 66 Stat. 40.) (a) Composition; powers The governing body of the corporation shall be § 411. Nonpolitical nature of corporation a board of representatives which shall consist of The corporation, and its members and officers one representative from each State society and as such, shall not contribute to or otherwise Territorial society in the District of Columbia. support or assist any political party or can- Such board of representatives shall exercise the didate for elective public office. powers herein granted to the corporation, and each member of such board shall have one vote (Apr. 3, 1952, ch. 131, § 11, 66 Stat. 40.) upon all matters determined. § 412. Liability for acts of officers and agents (b) Election of officers; tenure The corporation shall be liable for the acts of The officers shall be elected by such board of its officers and agents when acting within the representatives at an annual meeting and shall scope of their authority. serve for a term of one year. (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: Chairman, Charles LeRoy Haines; first vice The corporation shall keep current and com- chairman, Lawrence Scheewe; second vice chair- plete books and records of account and shall man, Mrs. Esther Costa; secretary, Miss Bessie also keep minutes of the proceedings of its mem- D. Thrasher; assistant secretary, Miss Dorothy bers and of the board of representatives or com- Bigelow; treasurer, Mrs. Charles Henderson; re- mittees having any authority of the board of gional directors, William J. Fleming, chairman; representatives. It shall keep at its principal of- region I, Miss Catherine Flynn; region II, Wil- fice a record of the names and addresses of its liam Clay; region III, John Slear; region IV, members entitled to vote. All books and records James A. Davis; region V, Arnold M. Lederer; re- of the corporation may be inspected by any gion VI, Miss Carlotta Reedy; region VII, Claude member or his agent or attorney for any proper M. Hirst; region VIII, Major Robert Joy; region purpose at any reasonable time. IX, Colonel K. N. Parkinson. (Apr. 3, 1952, ch. 131, § 13, 66 Stat. 40.) Ray E. Davis, Hoyt G. Irving, Mrs. Gertrude J. Scott, John J. Shaforth, Miss Utha Gray Smith, § 414. Prohibition against issuance of stock or Ernest W. Ellis, Gertrude L. Groman, Mrs. Edna payment of dividends Rose Pearson, Mrs. Donald O. Hays, James H. Pearson, William McMenamin, Wilfred S. The corporation shall not have or issue any Dowling, John S. Bartlett, Mrs. Maurine Howard shares of stock, nor declare or pay any divi- Abernathy, Carl M. Walker, Don Cassidy, Wil- dends. liam Garnett Lee, Walter Haefs, Heber H. Rice, (Apr. 3, 1952, ch. 131, § 14, 66 Stat. 40.) Page 95 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 431

§ 415. Loans to officers; liability (Apr. 3, 1952, ch. 131, § 21, 66 Stat. 41.) The corporation shall not make any loans to CHAPTER 19—CORREGIDOR BATAAN its officers or members of the board of rep- MEMORIAL COMMISSION resentatives. Any officer or board of representa- tives member who votes for or assents to the § 426. Omitted making of a loan or advance to an officer or CODIFICATION board of representatives member, and any offi- Section, acts Aug. 5, 1953, ch. 326, 67 Stat. 366; Aug. 9, cer or board of representatives member who par- 1955, ch. 658, 69 Stat. 589; Aug. 28, 1957, Pub. L. 85–179, ticipates in the making of such a loan or ad- 71 Stat. 457; July 25, 1958, Pub. L. 85–556, §§ 1, 2, 72 Stat. vance, shall be jointly and severally liable to 416, 417; Dec. 23, 1963, Pub. L. 88–240, § 1, 77 Stat. 477; the corporation for the amount of such loan Aug. 19, 1964, Pub. L. 88–448, title IV, § 402(a)(31), 78 Stat. until the repayment thereof. 495, authorized the President to appoint a Commission to be known as the Corregidor Bataan Memorial Com- (Apr. 3, 1952, ch. 131, § 15, 66 Stat. 40.) mission, which Commission terminated pursuant to section 2 of Pub. L. 88–240, set out below. § 416. Repealed. Pub. L. 88–504, § 4(17), Aug. 30, 1964, 78 Stat. 637 TERMINATION OF COMMISSION Pub. L. 88–240, § 2, Dec. 23, 1963, 77 Stat. 477, provided Section, act Apr. 3, 1952, ch. 131, § 16, 66 Stat. 40, relat- that the Corregidor Bataan Memorial Commission ed to audit of financial transactions and report of such would cease to exist upon completion of the construc- audit to Congress. See sections 1101 to 1103 of this title. tion authorized by Pub. L. 88–240, or on May 6, 1967, at the latest. § 417. Use of assets on dissolution or liquidation CHAPTER 20—NATIONAL CONFERENCE ON Upon final dissolution or liquidation of the CITIZENSHIP corporation, and after the discharge or satisfac- tion of all outstanding obligations and liabil- Sec. ities, the remaining assets of the corporation 431. Corporation created. shall be divided equally among the State and 432. Completion of organization. 433. Objects and purposes of corporation. Territorial societies in the District of Columbia. 434. Powers of corporation. (Apr. 3, 1952, ch. 131, § 17, 66 Stat. 41.) 435. Headquarters and principal office; territorial scope of activities; agent for service of proc- SECTION REFERRED TO IN OTHER SECTIONS ess. 436. Membership; voting rights. This section is referred to in section 409 of this title. 437. National officers. 438. Board of Directors. § 418. Exclusive right to name, seals, emblems, (a) Composition. and badges (b) Election. (c) Meetings. The Corporation shall have the exclusive right (d) Executive committee. to use, in carrying out its purposes, the name, (e) Executive director; professional staff ‘‘National Conference of State Societies, Wash- members. ington, District of Columbia,’’ and such seals, 439. Distribution of income or assets to members; loans. emblems, and badges as it may adopt. 440. Nonpolitical nature of corporation. (Apr. 3, 1952, ch. 131, § 18, 66 Stat. 41; July 5, 1968, 441. Liability for acts of officers and agents. 442. Prohibition against issuance of stock or pay- Pub. L. 90–382, § 1(2), 82 Stat. 292.) ment of dividends. AMENDMENTS 443. Books and records; inspection. 444. Repealed. 1968—Pub. L. 90–382 substituted ‘‘National Conference 445. Use of assets on dissolution or liquidation. of State Societies, Washington, District of Columbia’’ 446. Exclusive right to name, emblems, seals, and for ‘‘Conference of State Societies, Washington, D.C.’’ badges. 447. Reservation of right to amend or repeal chap- § 419. Agents for service of process ter. As a condition precedent to the exercise in § 431. Corporation created any State of any power or privilege granted or The following persons: Robert N. Anderson, conferred by this chapter, the corporation shall Arlington, Virginia; Emma Mae Brotze, Mar- serve notice upon the secretary of state, or simi- shall, Texas; Leo M. Cadison, Asheville, North lar officer, of any such State of the name and Carolina; Thomas F. Clear, Stamford, Connecti- address of an authorized agent in such State cut; Earle T. Hawkins, Towson, Maryland; Carl upon whom legal process or demands against the B. Hyatt, Rockville, Maryland; Richard B. Ken- corporation may be served. nan, Chevy Chase, Maryland; and Justin Miller, (Apr. 3, 1952, ch. 131, § 19, 66 Stat. 41.) Pacific Palisades, California, are created a body corporate by the name of the National Con- § 420. ‘‘State’’ defined ference on Citizenship (hereinafter referred to as As used in this chapter the word State in- the ‘‘corporation’’) and by such name shall be cludes the District of Columbia. known and have perpetual succession and the powers and limitations contained in this chap- (Apr. 3, 1952, ch. 131, § 20, 66 Stat. 41.) ter. § 421. Reservation of right to amend or repeal (Aug. 13, 1953, ch. 427, § 1, 67 Stat. 562.) chapter SECTION REFERRED TO IN OTHER SECTIONS The right to repeal, alter, or amend this chap- This section is referred to in sections 432, 437 of this ter at any time is expressly reserved. title. § 432 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 96

§ 432. Completion of organization (12) to do any and all acts and things nec- essary and proper to carry out the objects and The persons named in section 431 of this title purposes of the corporation. are authorized to complete the organization of the corporation by the selection of officers and (Aug. 13, 1953, ch. 427, § 4, 67 Stat. 562.) employees, the adoption of regulations and by- § 435. Headquarters and principal office; terri- laws and the doing of such other acts as may be torial scope of activities; agent for service of necessary for such purpose. process (Aug. 13, 1953, ch. 427, § 2, 67 Stat. 562.) (a) The headquarters and principal offices of § 433. Objects and purposes of corporation the corporation shall be located in the District of Columbia, or in the States of Maryland or The objects and purposes of the corporation Virginia, but the activities of the corporation shall be— shall not be confined to these places but may be (1) to hold annually a national conference on conducted throughout the various States, Terri- citizenship on or about ‘‘Citizenship Day’’, tories, and possessions of the United States. September 17; (b) The corporation shall maintain at all times (2) to assist in the development of more dy- in the District of Columbia a designated agent namic procedures for making citizenship more authorized to accept service of process for the effective, including the promotion and encour- corporation, such designation to be filed in the agement of local, State, and regional citizen- office of the clerk of the United States District ship conferences; and Court for the District of Columbia. Notice to or (3) to indicate the ways and means by which service upon such agent, or mailed to the busi- various organizations may contribute con- ness address of such agent, shall be deemed suf- cretely to the development of a more active, ficient notice or service upon the corporation. alert, enlightened, conscientious, and progres- sive citizenry in our country. (Aug. 13, 1953, ch. 427, § 5, 67 Stat. 563.) (Aug. 13, 1953, ch. 427, § 3, 67 Stat. 562.) § 436. Membership; voting rights § 434. Powers of corporation Membership in the corporation shall be con- fined to agencies and organizations and the The corporation shall have power— rights and privileges of membership shall, ex- (1) to sue and be sued, complain, and defend cept as otherwise provided in this chapter, be in any court of competent jurisdiction; prescribed by the bylaws of the corporation. In (2) to adopt, alter, and use a corporate seal; (3) to choose such officers, managers, agents, the conduct of the business of the annual na- and employees as the business of the corpora- tional conference on citizenship each agency or tion may require; organization sending delegates to, and partici- (4) to adopt, amend, and alter bylaws and pating in such conference shall have one vote. regulations, not inconsistent with the laws of (Aug. 13, 1953, ch. 427, § 6, 67 Stat. 563.) the United States or any State in which such corporation is to operate, for the management § 437. National officers 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 the same by mortgage, subject to all applica- (Aug. 13, 1953, ch. 427, § 7, 67 Stat. 563.) ble provisions of Federal or State law; § 438. Board of Directors (9) to use the corporate funds to give prizes, or awards, to citizens for outstanding con- (a) Composition tributions toward the achievement of the pur- From August 13, 1953, until the final session of poses of the corporation; the next following annual conference, the gov- (10) to publish a magazine or other publica- erning body of the corporation, which shall exer- tion consistent with its corporate purposes; cise the powers herein granted to the corpora- (11) to use and display such emblems and tion, shall be the persons named in section 431 of badges as it may adopt; and this title and such additional persons as shall be Page 97 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 446 named by them. Thereafter, the governing body § 440. Nonpolitical nature of corporation of the corporation shall be a board of directors consisting of such number (not less than ten in- The corporation, and its members, officers, cluding ex officio members) as the bylaws may and directors, as such, shall not contribute to or prescribe. The Board of Directors shall be se- otherwise support or assist any political party lected from the officers or members of the mem- or candidate for elective public office, nor advo- ber agencies or organizations participating in cate, sponsor, or promote legislation in the Con- the conference. gress of the United States or in the legislatures of the several States. (b) Election (Aug. 13, 1953, ch. 427, § 10, 67 Stat. 564.) The members of the board of directors shall be elected for such term as the bylaws shall pre- § 441. Liability for acts of officers and agents scribe by a majority vote of the agencies and or- The corporation shall be liable for the acts of ganizations sending delegates to, and participat- its officers and agents when acting within the ing in the annual conference, one vote to each scope of their authority. such agency and to each such organization. (Aug. 13, 1953, ch. 427, § 11, 67 Stat. 565.) (c) Meetings The board shall meet at least once each year § 442. Prohibition against issuance of stock or at such time and place as may be prescribed by payment of dividends the bylaws. The annual report of the board shall The corporation shall have no power to issue be presented at such meeting. Special meetings any shares of stock, nor to declare or pay any of the board may be called as prescribed by the dividends, its objects and purposes being solely bylaws. patriotic and educational. (d) Executive committee (Aug. 13, 1953, ch. 427, § 12, 67 Stat. 565.) The board shall designate three of its own members, who together with the president and § 443. Books and records; inspection the three vice presidents shall constitute the ex- The corporation shall keep correct and com- ecutive committee which, when the board is not plete books and records of account and shall in session, shall have and exercise the powers of also keep minutes of the proceedings of the an- the board subject to its direction and have the nual conference, the board of directors, and power to authorize the seal of the corporation to committees having any authority under the be affixed to all papers which may require it. board of directors; and it shall also keep at its (e) Executive director; professional staff mem- principal office a record of the names and ad- bers dresses of its members entitled to vote. All An executive director for the corporation shall books and records of the corporation may be in- be selected by the executive committee in keep- spected by any member entitled to vote or his ing with qualifications and terms of employ- agent or attorney at any reasonable time. ment adopted by such committee. Other profes- (Aug. 13, 1953, ch. 427, § 13, 67 Stat. 565.) sional staff members shall be nominated by the executive director and approved by the execu- § 444. Repealed. Pub. L. 88–504, § 4(18), Aug. 30, tive committee. 1964, 78 Stat. 637 (Aug. 13, 1953, ch. 427, § 8, 67 Stat. 564.) Section, act Aug. 13, 1953, ch. 427, § 14, 67 Stat. 565, re- lated to audit of financial transactions and report of SECTION REFERRED TO IN OTHER SECTIONS such audit to the Comptroller General. See 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 mem- bers; 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 subsection, however, shall be construed to pre- (Aug. 13, 1953, ch. 427, § 15, 67 Stat. 565.) vent the executive committee from adopting SECTION REFERRED TO IN OTHER SECTIONS terms of employment of the executive director as prescribed by section 438(e) of this title. This section is referred to in section 439 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.) § 447 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 98

§ 447. Reservation of right to amend or repeal (1) to further, encourage, and promote meth- chapter ods and procedures leading to increased safety, protection, and health among employees and The right to alter, amend, or repeal this chap- employers and among children, in industries, ter is expressly reserved. on farms, in schools and colleges, in homes, on (Aug. 13, 1953, ch. 427, § 17, 67 Stat. 565.) streets and highways, in recreation, and in other public and private places; CHAPTER 21—NATIONAL SAFETY COUNCIL (2) to collect, correlate, publish, distribute, Sec. and disseminate educational and informative 461. Corporation created. data, reports, and all other data relative to 462. Completion of organization. 463. Objects and purposes of corporation. safety methods and procedures; 464. Powers of corporation. (3) to arouse and maintain the interest of 465. Principal office; territorial scope of activi- the people of the United States, its Territories ties; agent for service of process. and possessions in safety and in accident pre- 466. Membership; voting rights. vention, and to encourage the adoption and in- 467. Board of directors. (a) Composition of initial board. stitution of safety methods by all persons, cor- (b) Composition of subsequent boards; porations, and other organizations; tenure. (4) to organize, establish, and conduct pro- (c) Duties. grams, lectures, conferences, and other activi- 468. Officers. ties for the education of all persons, corpora- 469. Trustees; powers. 470. Distribution of income or assets to members; tions, and other organizations in safety meth- loans. ods and procedures; 471. Nonpolitical nature of corporation. (5) to organize, and to aid in the organiza- 472. Liability for acts of officers and agents. tion of, local safety chapters throughout the 473. Prohibition against issuance of stock or pay- United States, its Territories and possessions, ment of dividends. 474. Books and records; inspection. and to provide organizational guidance and 475. Repealed. materials to promote the national safety; 476. Use of assets on dissolution or liquidation. (6) to cooperate with, enlist, and develop the 477. Exclusive right to name, emblems, seals, and cooperation of and between all persons, cor- badges. porations, and other organizations and agen- 478. Acquisition of assets and liabilities of exist- ing corporation. cies, both public and private, engaged or inter- 479. Reservation of right to amend or repeal chap- ested in, or in any manner connected with, ter. any or all of the foregoing purposes; and (7) to do any and all lawful acts which may § 461. Corporation created be necessary, useful, suitable, desirable, and Melvin H. Baker, Lawrence D. Bell, James B. proper for the furtherance, accomplishment, Black, S. Bruce Black, Morgan B. Brainard, and attainment of any or all of the foregoing John W. Carpenter, Ray Carr, William G. Chan- purposes. 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, The corporation shall have power— Horace P. Liversidge, Henry E. North, Thomas I. (1) to sue and be sued, complain, and defend Parkinson, A. V. Rohweder, William A. Simp- in any court of competent jurisdiction; son, Lee E. Skeel, W. A. Stewart, John Stilwell, (2) to adopt, alter, and use a corporate seal; J. E. Trainer, and Juan T. Trippe are created (3) to choose such officers, directors, trust- and declared to be a body corporate by the name ees, managers, agents, and employees as the of National Safety Council, hereinafter called business of the corporation may require; the corporation, and by such name shall be (4) to adopt, amend, and alter a constitution known and have perpetual succession and the and bylaws, not inconsistent with the laws of powers and limitations contained in this chap- the United States or any State in which the ter. corporation is to operate, for the management (Aug. 13, 1953, ch. 429, § 1, 67 Stat. 569.) of its property and the regulation of its af- SECTION REFERRED TO IN OTHER SECTIONS fairs; (5) to contract and be contracted with; This section is referred to in section 462 of this title. (6) to charge and collect membership dues, § 462. Completion of organization subscription fees, and receive contributions or grants of money or property to be devoted to The persons named in section 461 of this title the carrying out of its purposes; are authorized to complete the organization of (7) to take and hold by lease, gift, purchase, the corporation by the selection of officers and grant, devise, or bequest any property, real or employees, the adoption of a constitution and personal, necessary for attaining the objects bylaws, not inconsistent with this chapter, and and carrying into effect the purposes of the the doing of such other acts as may be necessary corporation, subject to applicable provisions for such purpose. 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 may be held by, or (b) otherwise limiting or § 463. Objects and purposes of corporation controlling the ownership of real or personal The objects and purposes of the corporation property by a corporation operating in such shall be— State; Page 99 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 467

(8) to transfer, encumber, and convey real or (Aug. 13, 1953, ch. 429, § 6, 67 Stat. 571.) personal property; (9) to borrow money for the purposes of the § 467. Board of directors corporation, issue bonds therefor, and secure (a) Composition of initial board the same by mortgage, subject to all applica- ble provisions of Federal or State law; Upon enactment of this chapter the member- (10) to use the corporate funds to give prizes, ship of the initial board of directors of the cor- awards, or other evidences of merit or recogni- poration shall consist of the present members of tion to persons, organizations, associations, or the board of directors of the National Safety corporations, public or private, for outstand- Council, Inc., referred to in section 478 of this ing contributions toward the achievement of title, or such of them as may then be living and the purposes of the corporation; are qualified directors of that corporation, to (11) to publish magazines and other publica- wit—E. F. du Pont, Wilmington, Delaware; tions and materials, whether periodic or occa- Franklin M. Kreml, Evanston, Illinois; A. F. sional, consistent with its corporate purposes; Allen, Dallas, Texas; J. I. Banash, West Los An- (12) to organize, establish, and conduct con- geles, California; William B. Barton, Washing- ferences on safety and accident prevention; ton, District of Columbia; C. W. Bergquist, Indi- (13) to adopt, alter, use, and display such em- anapolis, Indiana; R. A. L. Bogan, Chicago, Illi- blems, seals, and badges as it may adopt; nois; Norman E. Borgerson, Lansing, Michigan; (14) to establish and maintain offices for the Harry H. Brainerd, Pittsburgh, Pennsylvania; conduct of its business, and to charter local, Fred W. Braun, Wausau, Wisconsin; Theo Brown, State, and regional safety organizations, and Moline, Illinois; E. J. Buhner, Louisville, Ken- to establish, regulate, and discontinue depart- tucky; Alfred W. Cantwell, Washington, District mental subdivisions and local, State, and re- of Columbia; Ray Carr, Portland, Oregon; Jesse gional chapters in appropriate places through- Clark, Chicago, Illinois; Reginald M. Cleveland, out the United States, its Territories and pos- New York, New York; William L. Connolly, sessions; and Washington, District of Columbia; Doctor B. L. (15) to do any and all acts and things nec- Corbett, Milwaukee, Wisconsin; Charles R. Cos, essary and proper to carry out the objects and New York, New York; Ernest G. Cox, Washing- purposes of the corporation and, for such pur- ton, District of Columbia; R. S. Damon, Kansas pose, the corporation shall also have, in addi- City, Missouri; Ned H. Dearborn, Chicago, Illi- tion to the foregoing in this section and sub- nois; J. Dewey Dorsett, New York, New York; E. section, the rights, powers, duties, and liabil- F. du Pont, Wilmington, Delaware; Martin P. ities of the existing corporation referred to in Durkin, Washington, District of Columbia; Wal- section 478 of this title as far as they are not lace Falvey, Boston, Massachusetts; Kirk Fox, modified or superseded by this chapter. Des Moines, Iowa; C. H. Gallaway, Southbridge, Massachusetts; George F. Getz, Junior, Chicago, (Aug. 13, 1953, ch. 429, § 4, 67 Stat. 570.) Illinois; Gordon C. Graham, Detroit, Michigan; § 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- § 468 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 100 ward, Milwaukee, Wisconsin; and Doctor Wil- (Aug. 13, 1953, ch. 429, § 10, 67 Stat. 572.) liam P. Yant, Pittsburgh, Pennsylvania. § 471. Nonpolitical nature of corporation (b) Composition of subsequent boards; tenure Thereafter, the board of directors of the cor- The corporation, and its officers, directors, poration shall consist of such number (not less and duly appointed agents as such, shall not than fifteen), shall be selected in such manner contribute to or otherwise support or assist any (including the filling of vacancies), and shall political party or candidate for office. serve for such term as may be prescribed in the (Aug. 13, 1953, ch. 429, § 11, 67 Stat. 573.) constitution and bylaws of the corporation. (c) Duties § 472. Liability for acts of officers and agents The board of directors shall be the governing The corporation shall be liable for the acts of board of the corporation and shall, during the its officers and agents when acting within the intervals between corporation meetings, be re- scope of their authority. sponsible for the general policies and program of (Aug. 13, 1953, ch. 429, § 12, 67 Stat. 573.) the corporation. The board shall be responsible for all finance except as provided for in section § 473. Prohibition against issuance of stock or 469 of this title. payment of dividends (Aug. 13, 1953, ch. 429, § 7, 67 Stat. 571.) The corporation shall have no power to issue § 468. Officers any shares of stock nor to declare nor pay any dividends. (a) The officers of the corporation shall be a (Aug. 13, 1953, ch. 429, § 13, 67 Stat. 573.) chairman of the board of directors, a president, three or more vice presidents (as may be pre- § 474. Books and records; inspection scribed in the constitution and bylaws of the corporation), a secretary, a treasurer, and an ex- The corporation shall keep correct and com- ecutive vice president. The duties of the officers plete books and records of account and shall shall be as prescribed in the constitution and keep minutes of the proceedings of its members, bylaws of the corporation. board of directors, and committees having any (b) Officers, except the executive vice presi- of the authority of the board of directors; and it dent, shall be elected annually at the annual shall also keep at its principal office a record of meeting of the corporation. The executive vice the names and addresses of its members entitled president shall be elected by the board of direc- to vote. All books and records of the corporation tors in such manner as may be prescribed by the may be inspected by any member entitled to constitution and bylaws of the corporation. vote, or his agent or attorney, for any proper purpose, at any reasonable time. (Aug. 13, 1953, ch. 429, § 8, 67 Stat. 572.) (Aug. 13, 1953, ch. 429, § 14, 67 Stat. 573.) § 469. Trustees; powers § 475. Repealed. Pub. L. 88–504, § 4(19), Aug. 30, There shall be trustees, whose number (not 1964, 78 Stat. 637 less than fifteen), method of selection, and term of office shall be as the constitution and bylaws Section, act Aug. 13, 1953, ch. 429, § 15, 67 Stat. 573, re- of the corporation may prescribe. The trustees lated to audit of financial transactions and report of shall have full power and control over such con- such audit to Congress. See sections 1101 to 1103 of this tributed funds as may be raised by them. title. (Aug. 13, 1953, ch. 429, § 9, 67 Stat. 572.) § 476. Use of assets on dissolution or liquidation

SECTION REFERRED TO IN OTHER SECTIONS Upon final dissolution or liquidation of the This section is referred to in section 467 of this title. corporation, and after discharge or satisfaction of all outstanding obligations and liabilities, the § 470. Distribution of income or assets to mem- remaining assets of the corporation may be dis- bers; loans tributed in accordance with the determination 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- tion of the corporation as provided in section 476 (Aug. 13, 1953, ch. 429, § 16, 67 Stat. 573.) of this title. Nothing in this subsection, how- SECTION REFERRED TO IN OTHER SECTIONS ever, shall be construed to prevent the payment of compensation to officers of the corporation in This section is referred to in section 470 of this title. 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 officers, directors, or employees. Any director The corporation, and its subordinate divisions who votes for or assents to the making of a loan and regional, State, and local chapters, shall to an officer, director, or employee of the cor- have the sole and exclusive right to use the poration, and any officer who participates in the name, National Safety Council. The corporation making of such loan, shall be jointly and sever- shall have the exclusive and sole right to use, or ally liable to the corporation for the amount of to allow or refuse the use of, such emblems, such loan until the repayment thereof. seals, and badges as it may legally adopt, and Page 101 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 493 such emblems, seals, and badges as have here- ican Legion, Inc., from time to time any part of tofore been used by the Illinois corporation re- the earnings upon the fund for use in the main- ferred to in section 478 of this title in carrying tenance and/or perpetuation of Pershing Hall. out its program, it being distinctly understood, (June 28, 1935, ch. 323, § 2, 49 Stat. 426.) however, that nothing in this chapter shall interfere or conflict with established or vested REFERENCES IN TEXT rights. Section 1 of act June 28, 1935, ch. 323, 49 Stat. 426, re- (Aug. 13, 1953, ch. 429, § 17, 67 Stat. 574.) ferred to in text, provided: ‘‘That $482,032.92 of the fund entitled ‘Recreation fund—Army’, created by the War § 478. Acquisition of assets and liabilities of exist- Department Appropriation Act, approved March 4, 1933 ing corporation [see 47 Stat. 1573], is hereby authorized to be appro- priated by the Secretary of the Treasury for effecting The corporation may acquire the assets of the a settlement of any indebtedness connected with Per- National Safety Council, Incorporated, a cor- shing Hall, a memorial already erected in Paris, poration organized under the laws of the State France, under the auspices of the American Legion, of Illinois, upon discharging or satisfactorily Inc., to the commander in chief, officers, men and aux- iliary services of the American Expeditionary Forces, providing for the payment and discharge of all to the end that such memorial as so freed from debt of the liability of such corporation and upon may be perpetuated: Provided, That the amount herein complying with all laws of the State of Illinois provided shall not be used for the purposes indicated applicable thereto. herein, until the legal title to said property shall have been vested in the Government of the United States for (Aug. 13, 1953, ch. 429, § 18, 67 Stat. 574.) the use and benefit of all American officers and en- SECTION REFERRED TO IN OTHER SECTIONS listed men of the World War [World War I].’’ This section is referred to in sections 464, 467, 477 of CODIFICATION this title. In the original, section 2 of act June 28, 1935, read ‘‘Any balance remaining after settlement of such in- § 479. Reservation of right to amend or repeal debtedness shall be retained’’, etc. The descriptive lan- chapter guage substituted largely therefor, at the beginning of The right to alter, amend, or repeal this chap- this section, was taken from section 1 of that act, re- ferred to in that descriptive language and set out ter is expressly reserved. above.

(Aug. 13, 1953, ch. 429, § 19, 67 Stat. 574.) APPROPRIATIONS CHAPTER 22—PERSHING HALL MEMORIAL Act Aug. 12, 1935, ch. 508, title I, § 1 (part), 49 Stat. 594, FUND appropriated the sum of $482,032.92 for the purposes of this section and of section 1 of act June 28, 1935, set out Sec. above, subject to the conditions set out in the proviso 491. Creation of fund; investments; payments to in section 1 of act June 28, 1935. American Legion. 492. Repealed. 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- tody thereof; and (b) upon request of the Amer- (b) Administration 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- § 493 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 102 shing Hall and its site in such manner as the promptly from other funds as they become part Secretary determines is in the best interests of of the Pershing Hall Revolving Fund. the United States, which may include use of (3) The Pershing Hall Memorial Fund, estab- Pershing Hall to meet the needs of veterans. To lished in the Treasury of the United States pur- meet such needs, the Secretary may establish suant to section 491 of this title, is hereby abol- and operate a regional or other office to dissemi- ished and the corpus of the fund, including ac- nate information, respond to inquiries, and crued interest, is transferred to the Pershing otherwise assist veterans and their families in Hall Revolving Fund. obtaining veterans’ benefits. (4) Funds received by the Secretary from oper- (B) To carry out the purposes of this section, ation of Pershing Hall or from any lease or the Secretary may enter into agreements au- other agreement with respect to Pershing Hall thorized by subsection (c) of this section to fund shall be deposited in the Pershing Hall Revolv- the operation of the memorial and projects au- ing Fund. thorized by subsection (d)(6) of this section. (5) The Secretary of the Treasury shall invest (2)(A) The Secretary shall, after consultation any portion of the Revolving Fund that, as de- with the American Battle Monuments Commis- termined by the Secretary of Veterans Affairs, sion, provide for a portion of Pershing Hall to be is not required to meet current expenses of the specifically dedicated, with appropriate exhibi- Fund. Each investment shall be made in an in- tions and monuments, to the memory of the terest bearing obligation of the United States or commander-in-chief, officers, men, and auxiliary an obligation guaranteed as to principal and in- services of the American Expeditionary Forces terest by the United States that, as determined in France during World War I. by the Secretary of Veterans Affairs, has a ma- (B) The establishment and continuing super- turity suitable for the Revolving Fund. The Sec- vision of the memorial that is dedicated pursu- retary of the Treasury shall credit to the Re- ant to subparagraph (A) shall be carried out by volving Fund the interest on, and the proceeds the American Battle Monuments Commission. from the sale or redemption of, such obligations. (3) To the extent that funds are available in (6)(A) Subject to subparagraphs (B) and (C), the Pershing Hall Revolving Fund established the Secretary of Veterans Affairs may expend by subsection (d) of this section, the Secretary not more than $100,000 from the Fund in any fis- may incur such expenses with respect to Per- cal year upon projects, activities, and facilities shing Hall as the Secretary determines nec- determined by the Secretary to be in keeping essary or appropriate. with the mission of the Department. (4) The Secretary of Veterans Affairs may pro- (B) An expenditure under subparagraph (A) vide the allowances and benefits described in may be made only from funds that will remain section 707 of title 38 to personnel of the Depart- in the Fund in any fiscal year after payment of ment of Veterans Affairs who are United States expenses incurred with respect to Pershing Hall citizens and are assigned by the Secretary to for such fiscal year and only after the reim- Pershing Hall. bursement of all amounts transferred to the (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 in- form 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 CHAPTER 23—BOARD FOR FUNDAMENTAL Hall Revolving Fund, at such time or times as EDUCATION the Secretary may determine without limita- tion as to year, amounts as determined by the Sec. Secretary, not to exceed $1,000,000 in total, from 501. Corporation created. 502. Completion of organization. funds appropriated to the Department of Veter- 503. Objects and purposes of corporation. ans Affairs for the construction of major 504. Powers of corporation. projects. The account from which any such 505. Principal office; territorial scope of activi- amount is transferred shall be reimbursed ties; agent for service of process. Page 103 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 506

Sec. (July 19, 1954, ch. 536, § 3, 68 Stat. 490.) 506. Membership; voting rights. 507. Board of directors. SECTION REFERRED TO IN OTHER SECTIONS 508. Officers. 509. Distribution of income or assets to members; This section is referred to in sections 504, 515 of this loans. title. 510. Nonpolitical nature of corporation. 511. Liability for acts of officers and agents. § 504. Powers of corporation 512. Prohibition against issuance of stock, pay- ment of dividends, or business activities. The corporation shall have power— 513. Books and records; inspection. (1) to sue and be sued, complain and defend 514. Repealed. in any court of competent jurisdiction; 515. Use of assets on dissolution or liquidation. (2) to adopt, use, and alter a corporate seal; 516. Exclusive right to name, seals, emblems, and (3) to choose such officers, managers, agents, badges. 517. Agents for service of process. and employees as the business of the corpora- 518. Reservation of right to amend or repeal chap- tion may require; ter. (4) to adopt and alter a constitution and by- laws, not inconsistent with the laws of the § 501. Corporation created United States or any State in which such cor- The following persons: Ernest R. Alexander, of poration is to operate, for the management of Dallas, Texas; John R. Alford, of Henderson, its property and the regulation of its affairs; Texas; William H. Book, of Indianapolis, Indi- (5) to contract and be contracted with; ana; E. M. Dealey, of Dallas, Texas; A. Dale (6) to take and hold by lease, gift, purchase, Fiers, of Indianapolis, Indiana; Fred F. Florence, grant, devise, or bequest any property, real or of Dallas, Texas; E. B. Germany, of Dallas, personal, necessary for attaining the objects Texas; Sam Gladney, of Dallas, Texas; Theodore of accomplishing the purposes of the corpora- B. Griffith, of Indianapolis, Indiana; O. H. tion, subject to applicable provisions of law of Grissom, of Longview, Texas; Harry T. Ice, of In- any State (A) governing the amount or kind of dianapolis, Indiana; J. C. Judge, of Mineola, real and personal property which may be held Texas; George Kuhn, of Indianapolis, Indiana; by, or (B) otherwise limiting or controlling Charles J. Lynn, of Indianapolis, Indiana; Eu- the ownership of real and personal property gene S. Pulliam, of Indianapolis, Indiana; C. B. by, a corporation operating in such State; Roberts, of Dallas, Texas; William L. Schloss, of (7) to transfer and convey real or personal Indianapolis, Indiana; Ben H. Wooten, of Dallas, property; Texas; and Joseph Zeppa, of Tyler, Texas; and (8) to borrow money for the purposes of the their associates and successors are created a corporation, issue bonds therefor, and secure body corporate by the name of Board for Fun- the same by mortgage, subject to all applica- damental Education (hereinafter referred to as ble provisions of Federal or State law; the ‘‘corporation’’) and by such name shall be (9) to use the corporate funds to give prizes, known and have perpetual succession and the awards, loans, scholarships and grants to de- powers and limitations contained in this chap- serving students for the purposes set forth in ter. section 503 of this title; (10) to publish a magazine and other publica- (July 19, 1954, ch. 536, § 1, 68 Stat. 489.) tions; and SECTION REFERRED TO IN OTHER SECTIONS (11) to do any and all acts and things nec- This section is referred to in section 502 of this title. essary and proper to carry out the objects and purposes of the corporation. § 502. Completion of organization (July 19, 1954, ch. 536, § 4, 68 Stat. 490.) A majority of the persons named in section 501 of this title, or their successors, are hereby au- § 505. Principal office; territorial scope of activi- thorized to meet to complete the organization of ties; agent for service of process the corporation by the adoption of a constitu- The activities of the corporation may be con- tion and bylaws, the election of officers, and by ducted throughout the various States, Terri- doing all things necessary to carry into effect tories, and possessions of the United States. The the provisions of this chapter. corporation shall maintain at all times in the (July 19, 1954, ch. 536, § 2, 68 Stat. 490.) District of Columbia a designated agent author- ized to accept service of process for the corpora- § 503. Objects and purposes of corporation tion, 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. § 506. Membership; voting rights (3) training men and women as leaders in fundamental education by providing intern- Eligibility for membership in the corporation ships and other experiences. and the rights and privileges of members shall, § 507 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 104 except as provided in this chapter, be deter- (July 19, 1954, ch. 536, § 12, 68 Stat. 491.) mined according to the constitution and bylaws of the corporation. In the conduct of the official § 513. Books and records; inspection business of the corporation each member shall The corporation shall keep correct and com- have one vote. plete books and records of account and shall (July 19, 1954, ch. 536, § 6, 68 Stat. 491.) also keep minutes of the proceedings of its mem- bers, the board of directors, and committees § 507. Board of directors having any authority under the board of direc- tors; and it shall also keep a record of the names The corporation shall be governed by a board and addresses of its members entitled to vote. of directors composed of not less than fifteen All books and records of the corporation may be members of the corporation who shall be elected inspected by any member or his agent or attor- annually to serve on such board by the members ney, at any reasonable time. of the corporation. (July 19, 1954, ch. 536, § 13, 68 Stat. 491.) (July 19, 1954, ch. 536, § 7, 68 Stat. 491.) § 514. Repealed. Pub. L. 88–504, § 4(20), Aug. 30, § 508. Officers 1964, 78 Stat. 637 The officers of the corporation shall consist of Section, act July 19, 1954, ch. 536, § 14, 68 Stat. 491, re- a chairman of the board, a president, one or lated to audit of financial transactions and report of more vice presidents, a secretary, a treasurer, such audit to Congress. See sections 1101 to 1103 of this and such assistant officers as the board of direc- title. tors shall designate. The officers shall perform § 515. Use of assets on dissolution or liquidation such duties and have such powers as the bylaws and the board of directors may from time to Upon final dissolution or liquidation of the time prescribe. corporation and after the discharge or satisfac- tion of all outstanding obligations and liabil- (July 19, 1954, ch. 536, § 8, 68 Stat. 491.) ities, the remaining assets of the corporation § 509. Distribution of income or assets to mem- shall be used by the board of directors for the bers; loans purposes stated in section 503 of this title or be transferred to some recognized educational (a) No part of the income or assets of the cor- foundation. poration shall inure to any member, officer, or director, or be distributable to any such person (July 19, 1954, ch. 536, § 15, 68 Stat. 492.) except upon dissolution and final liquidation of SECTION REFERRED TO IN OTHER SECTIONS the corporation as provided in section 515 of this This section is referred to in section 509 of this title. title. (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 The corporation shall have the sole and exclu- to any officer, director, or employee of the cor- sive right to use the name of Board for Fun- poration, and any officer who participates in the damental Education as representing such cor- making of such a loan shall be jointly and sever- poration and such seals, emblems, and badges as ally liable to the corporation for the amount of the corporation may lawfully adopt. such loan until the repayment thereof. (July 19, 1954, ch. 536, § 16, 68 Stat. 492.) (July 19, 1954, ch. 536, § 9, 68 Stat. 491.) § 517. Agents for service of process CROSS REFERENCES 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 under this chapter, the corporation shall file in § 510. Nonpolitical nature of corporation the office of the Secretary of State, or similar office, in each State and in each Territory or The corporation and its members, officers, and possession of the United States in which the cor- directors, as such, shall not contribute to or poration is doing business, the name and post of- otherwise support or assist any political party fice address of an authorized agent in such or candidate for elective public office. State, Territory, or possession upon whom legal (July 19, 1954, ch. 536, § 10, 68 Stat. 491.) process or demand against the corporation may be served. § 511. Liability for acts of officers and agents (July 19, 1954, ch. 536, § 17, 68 Stat. 492.) The corporation shall be liable for the acts of its officers and agents when acting within the § 518. Reservation of right to amend or repeal scope of their authority. chapter (July 19, 1954, ch. 536, § 11, 68 Stat. 491.) The right to alter, amend, or repeal this chap- ter is expressly reserved. § 512. Prohibition against issuance of stock, pay- ment of dividends, or business activities (July 19, 1954, ch. 536, § 18, 68 Stat. 492.) The corporation shall have no power to issue CHAPTER 24—SONS OF UNION VETERANS any shares of stock or to declare or pay any OF THE CIVIL WAR dividends, or to engage in business for pecuniary Sec. profit. 531. Corporation created. Page 105 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 534

Sec. Skelton, Portsmouth, Ohio; Frederick K. Davis, 532. Completion of organization. Eugene, Oregon; Doctor W. E. Buchanan, Eu- 533. Purposes of corporation. gene, Oregon; Austin D. McReynolds, Eugene, 534. Powers of corporation. 535. Membership. Oregon; Glenn L. Adams, Salem, Oregon; John 536. Government; composition; form; meeting H. Runkle, Harrisburg, Pennsylvania; C. Leroy plan. Stoudt, Reading, Pennsylvania; Walter C. 537. Council of administration. Mabie, Philadelphia, Pennsylvania; Edgar L. (a) Duration of authority; responsibil- Gale, Seattle, Washington; Edward T. Fairchild, ities. Madison, Wisconsin; Roland J. Steinle, Milwau- (b) Composition of initial council. kee, Wisconsin; Lyall T. Beggs, Madison, Wis- (c) Composition of subsequent councils. 538. Officers. consin; and Doctor William Martin Lamers, 539. Principal office; territorial scope of activi- Wauwatosa, Wisconsin; and their successors, are ties; agent for service of process. created and declared to be a body corporate of 540. Distribution of income or assets to members; the District of Columbia, where its legal domi- loans. cile shall be, by the name of the Sons of Union 541. Nonpolitical nature of corporation. Veterans of the Civil War (hereinafter referred 542. Liability for acts of officers and agents. to as the corporation), and by such name shall 543. Prohibition against issuance of stock or pay- be known and have perpetual succession and the ment of dividends. 544. Books and records; inspection. powers, limitations, and restrictions herein con- 545. Repealed. tained. 546. Annual report. (Aug. 20, 1954, ch. 774, § 1, 68 Stat. 748.) 547. Exclusive right to name, emblems, seals, and badges. SECTION REFERRED TO IN OTHER SECTIONS 548. Acquisition of assets and liabilities of exist- This section is referred to in section 532 of this title. ing corporation. 549. Use of assets on dissolution or liquidation. § 532. Completion of organization 550. Reservation of right to amend or repeal chap- ter. A majority of the persons named in section 531 of this title, acting in person or by written § 531. Corporation created proxy, are authorized to complete the organiza- The following named persons to wit: General tion of the corporation by the selection of offi- of the Army Douglas MacArthur, New York; cers and employees, the adoption of a constitu- Major General Amos A. Fries, retired, and Major tion and bylaws not inconsistent with this chap- General Ulysses S. Grant, 3d, retired, Washing- ter, and the doing of such other acts as may be ton, District of Columbia; Charles Boynton, necessary for such purpose. Long Beach, California; Frank Worner, (Aug. 20, 1954, ch. 774, § 2, 68 Stat. 749.) Inglewood, California; Wilbur Coursey, Fresno, California; Roy A. Davis, Colorado Springs, Col- § 533. Purposes of corporation orado; Angus Ogborn, Richmond, Indiana; Thom- The purposes of the corporation shall be: To as M. Horn, Lafayette, Indiana; Alonzo R. Stan- perpetuate the memory of the Grand Army of field, Indianapolis, Indiana; Roy J. Bennett, Des the Republic and of the men who saved the Moines, Iowa; Homer L. Young, Waterloo, Iowa; Union in 1861 to 1865; to assist in every prac- Dr. L. L. Shoppe, Des Moines, Iowa; E. S. Span- ticable way in the preservation and making gler, Newton, Kansas; A. P. Phillips, Newton, available for research of documents and records Kansas; William Dix, Newton, Kansas; F. Harold pertaining to the Grand Army of the Republic Dubord, Waterville, Maine; Hon. Burleigh Mar- and its members; to cooperate in doing honor to tin, Augusta, Maine; General William E. all those who have patriotically served our Southard, Bangor, Maine; George W. Kimball, country in any war; to teach patriotism and the Chelsea, Massachusetts; Brigadier General Otis duties of citizenship, the true history of our M. Whitney, Concord, Massachusetts; Charles H. country, and the love and honor of our flag; to E. Moran, Holyoke, Massachusetts; Governor oppose every tendency or movement that would Alvan Tufts Fuller, Boston, Massachusetts; weaken loyalty to, or make for the destruction Charles R. Cowdin, Detroit, Michigan; Birt or impairment of, our constitutional Union; and Hammong, Jackson, Michigan; Charles F. Dex- to inculcate and broadly sustain the American ter, Detroit, Michigan; Donald F. Peacock, De- principles of representative government, of troit, Michigan; Dewey B. Mead, Minneapolis, equal rights, and of impartial justice for all. Minnesota; Donald C. Bennyhof, Hennepin Coun- ty, Minnesota; William A. Anderson, Minneapo- (Aug. 20, 1954, ch. 774, § 3, 68 Stat. 749.) lis, Minnesota; Laurence J. Parker, Bennington, § 534. Powers of corporation New Hampshire; Wallace L. Mason, Keene, New Hampshire; Cleon E. Heald, Keene, New Hamp- The corporation shall have power— shire; Colonel Edward Black, retired, (1) to have succession by its corporate name; Bennington, New Hampshire; Albert C. Lambert, (2) to sue and be sued, complain and defend Trenton, New Jersey; Colonel Frederic G. Bauer, in any court of competent jurisdiction; Ridgewood, New Jersey; Charles A. Otto, Eliza- (3) to adopt, use, and alter a corporate seal; beth, New Jersey; C. Wesley Armstrong, Tren- (4) to choose such officers, managers, agents, ton, New Jersey; Doctor Karl Rothschild, New and employees as the activities of the corpora- Brunswick, New Jersey; Rev. Hermon L. tion may require; Brockway, Ithica, New York; William M. Coffin, (5) to adopt, amend, and alter a constitution Cincinnati, Ohio; Homer A. Ramey, Toledo, and bylaws; not inconsistent with the laws of Ohio; Miles S. Kuhn, Dayton, Ohio; S. Anselm the United States or any State in which the § 535 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 106

corporation is to operate, for the management thereof in the hands of a limited number of of its property and the regulation of its af- members or in a self-perpetuating group not so fairs; representative. The meetings of the national en- (6) to contract and be contracted with; campment may be held in any State or Terri- (7) to take by lease, gift, purchase, grant, de- tory or in the District of Columbia. vise, or bequest from any public body or agen- (Aug. 20, 1954, ch. 774, § 6, 68 Stat. 750.) cy or any private corporation, association, partnership, firm, or individual and to hold ab- § 537. Council of administration solutely or in trust for any of the purposes of the corporation any property, real, personal, (a) Duration of authority; responsibilities or mixed, necessary or convenient for attain- During the intervals between the national en- ing the objects and carrying into effect the campments, the council of administration shall purposes of the corporation, subject, however, be the governing board of the corporation and to applicable provisions of law of any State shall be responsible for the general policies, pro- (A) governing the amount or kind of property gram, and activities of the corporation. which may be held by, or (B) otherwise limit- (b) Composition of initial council ing or controlling the ownership of property Upon the enactment of this chapter the mem- by, a corporation operating in such State; bership of the initial council of administration (8) to transfer, convey, lease, sublease, en- of the corporation shall consist of the present cumber and otherwise alienate real, personal members of the council of administration of the or mixed property; and Sons of Union Veterans of the Civil War, the (9) to borrow money for the purposes of the corporation described in section 548 of this title, corporation, issue bonds therefor, and secure or such of them as may then be living and are the same by mortgage, deed of trust, pledge or qualified members of said council of administra- otherwise, subject in every case to all applica- tion, to wit: Major General Ulysses S. Grant, 3d, ble provisions of Federal and State laws; and retired; Dewey B. Mead; Reverend Hermon L. (10) to do any and all acts and things nec- Brockway; Laurence J. Parker; George W. essary and proper to carry out the objects and Kimball, Frederick K. Davis; and Albert C. Lam- purposes of the corporation. bert. (Aug. 20, 1954, ch. 774, § 4, 68 Stat. 749.) (c) Composition of subsequent councils § 535. Membership Thereafter, the council of administration of the corporation shall consist of not less than Eligibility for membership in the corporation seven members elected in the manner and for and the rights, privileges, and designation of the term prescribed in the constitution and by- classes of members shall, except as provided in laws of the corporation. this chapter, be determined as the constitution 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- tablished the Coast Guard by enacting Title 14, Coast (a) The principal office of the corporation 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 The supreme governing authority of the cor- place, but may be conducted throughout the poration shall be the national encampment various States and District of Columbia, and thereof, composed of such officers and elected Territories and possessions of the United States. representatives from the several States and (b) The corporation shall have in the District other local subdivisions of the corporate organi- of Columbia at all times a designated agent au- zation as shall be provided by the constitution thorized to accept service of process for the cor- and bylaws: Provided, That the form of the gov- poration; and notice to or service upon such ernment of the corporation shall always be rep- agent, or mailed to the business address of such resentative of the membership at large and shall agent, shall be deemed notice to or service upon not permit the concentration of the control the corporation. Page 107 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 550

(Aug. 20, 1954, ch. 774, § 9, 68 Stat. 751.) port may consist of a report on the proceedings of the National Encampment covering such fis- § 540. Distribution of income or assets to mem- cal year. Such report shall not be printed as a bers; loans public document. (a) No part of the income or assets of the cor- (Aug. 20, 1954, ch. 774, § 16, 68 Stat. 752.) poration shall inure to any of its members or of- ficers as such, or be distributable to any of them § 547. Exclusive right to name, emblems, seals, during the life of the corporation or upon its dis- and badges solution or final liquidation. Nothing in this The corporation and its subordinate divisions subsection, however, shall be construed to pre- shall have the sole and exclusive right to use the vent the payment of compensation to officers of name, the Sons of Union Veterans of the Civil the corporation or reimbursement for actual War. The corporation shall have the exclusive necessary expenses in amounts approved by the and sole right to use, or to allow or refuse the council of administration of the corporation. use of, such emblems, seals, and badges as it (b) The corporation shall not make loans to its may legally adopt, and such emblems, seals, and officers or employees. Any member of the coun- badges as have heretofore been used by the Illi- cil of administration who votes for or assents to nois corporation described in section 548 of this the making of a loan or advance to an officer or title and the right to which may be lawfully employee of the corporation, and any officer transferred to the corporation. who participates in the making of such a loan or advance, shall be jointly and severally liable to (Aug. 20, 1954, ch. 774, § 17, 68 Stat. 752.) the corporation for the amount of such loan § 548. Acquisition of assets and liabilities of exist- until the repayment thereof. ing corporation (Aug. 20, 1954, ch. 774, § 10, 68 Stat. 751.) The corporation may acquire the assets of the § 541. Nonpolitical nature of corporation Sons of Union Veterans of the Civil War, a cor- poration organized under the laws of the State The corporation and its officers and agents as of Illinois, upon discharging or satisfactorily such shall not contribute to or otherwise sup- providing for the payment and discharge of all port or assist any political party or candidate of the liability of such corporation and upon for public office. complying with all laws of the State of Illinois (Aug. 20, 1954, ch. 774, § 11, 68 Stat. 751.) applicable thereto. § 542. Liability for acts of officers and agents (Aug. 20, 1954, ch. 774, § 18, 68 Stat. 752.) SECTION REFERRED TO IN OTHER SECTIONS The corporation shall be liable for the acts of its officers and agents when acting within the This section is referred to in sections 537, 547 of this scope of their authority. title. (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 keep minutes of the proceedings of its national § 550. Reservation of right to amend or repeal encampments and council of administration. All chapter 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 time. (Aug. 20, 1954, ch. 774, § 20, 68 Stat. 752.) (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, 1964, 78 Stat. 637 Sec. 571. Corporation created. Section, act Aug. 20, 1954, ch. 774, § 15, 68 Stat. 751, re- 572. Completion of organization. lated to audit of financial transactions and report of 573. Objects and purposes of corporation. such audit to Congress. See sections 1101 to 1103 of this 574. Powers of corporation. title. 575. Principal office; territorial scope of activi- 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. § 571 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 108

Sec. David N. Edelstein, New York; Clarence G. (c) Powers; voting rights; meetings. Galston, New York; John Knight, New York; 578. Officers. 579. Distribution of income or assets to members; John J. Parker, North Carolina; Armistead M. loans. Dobie, Virginia; Harry E. Watkins, West Vir- 580. Nonpolitical nature of corporation. ginia; Joseph C. Hutcheson, Virginia; Thomas F. 581. Liability for acts of officers and agents. McAllister, Michigan; F. Ryan Duffy, Wisconsin; 582. Prohibition against issuance of stock or pay- John Caskie Collet, Missouri; John Sanborn, ment of dividends. Minnesota; Robert C. Bell, Minnesota; William 583. Books and records; inspection. 584. Repealed. Denman, California; Albert Lee Stephens, Cali- 585. Use of assets on dissolution or liquidation. fornia; Alfred P. Murrah, Oklahoma; George 586. Qualifications for membership. Thomas Washington, District of Columbia; 587. Exclusive right to name. Charles Fahy, District of Columbia; Bolitha J. 588. ‘‘State’’ defined. Laws, District of Columbia; F. Dickinson Letts, 589. Reservation of right to amend or repeal chap- District of Columbia; Luther W. Youngdahl, Dis- ter. trict of Columbia; William P. Cole, Junior, Dis- § 571. Corporation created trict of Columbia; Paul D. Shriver, Guam; Den- nis F. Donovan, Minnesota; The following-named persons, Justin Miller, Alfred C. Clapp, New Jersey; L. Dale Coffman, California; William L. Ellis, Michigan; Bettin California; John T. Fey, District of Columbia; Stalling, Illinois; William S. Tyson, North Caro- Jefferson B. Fordham, Pennsylvania; Erwin N. lina; Kennedy C. Watkins, District of Columbia; Griswold, Massachusetts; Albert J. Harno, Illi- Martin C. Epstein, New York; Laurence H. nois; L. A. Haslup, Florida; Harold C. Axman, District of Columbia; Julian R. Eagle, Havighurst, Illinois; Paul M. Hebert, Louisiana; Pennsylvania; William F. Farrell, Texas; Elwood H. Hettrick, Massachusetts; Jacob D. Barratt O’Hara, Junior, Illinois; Joseph F. Hyman, New York; Schuyler W. Jackson, Kan- Brodie, California; Spurgeon E. Paul, Colorado; sas; George M. Johnson, District of Columbia; J. Edward Hauk, Maryland; Ida I. Kloze, Mary- Gordon Johnston, Colorado; Charles H. King, land; William R. Vallance, New York; Clyde Michigan; Robert Kingsley, California; Arthur Baggarly, Virginia; Charles W. Freeman, Cali- Larson, Pennsylvania; J. A. McClain, Junior, fornia; William A. Roberts, District of Colum- North Carolina; Glenn A. McCleary, Missouri; F. bia; Ralph G. Cornell, Maryland; Horace Russell, J. Moreau, Kansas; William T. Muse, Virginia; Illinois; Russell D. Niles, New York; Maynard E. Pirsig, Robert E. Freer, Ohio; Frank J. Delany, Illi- Minnesota; F. D. G. Ribble, Virginia; John nois; William N. Morell, Minnesota; Heber H. Ritchie, Wisconsin; David E. Snodgrass, Califor- Rice, Maryland; William E. Reese, Virginia; nia; Robert N. Anderson, Virginia; Marguerite Carl Spaeth, California; Elvis J. Stahr, Junior, Rawalt, Texas; Robert H. Shields, Maryland; Kentucky; Robert S. Stevens, New York; Wesley Harold Lee, New York; James E. Palmer, Junior, Sturges, Connecticut; Harry D. Taft, Illinois; Virginia; John A. McIntire; Maryland; Major Reverend Joseph T. Tinnelly, New York; Martin 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; Emory T. Nunneley, Pennsylvania; William This section is referred to in sections 572, 576 of this Simon, District of Columbia; Conrad Snow, New title. Hampshire; William H. Timbers, Connecticut; F. § 572. Completion of organization Trowbridge vomBaur, District of Columbia; Frank H. Weitzel, District of Columbia; Curtis A majority of the persons named in section 571 C. Williams, Ohio; Emory J. Woodall, Virginia; of this title are authorized to complete the orga- Wendell Barnes, Oklahoma; Roger S. Foster, nization of the corporation by the selection of District of Columbia; Calvert Magruder, Massa- officers and employees, the adoption of a con- chusetts; stitution and bylaws, not inconsistent with this George C. Sweeney, Massachusetts; John C. chapter, and the doing of such other acts as may Knox, New York; Edward J. Dimock, New York; be necessary for such purpose. Page 109 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 577

(Aug. 24, 1954, ch. 911, § 2, 68 Stat. 796.) ment of its property and the regulation of its af- fairs. § 573. Objects and purposes of corporation (e) To contract and be contracted with. The objects and purposes of the corporation (f) To take and hold by lease, gift, purchase, are as follows: grant, devise, bequest, or otherwise, any prop- (1) To receive and hold by bequest, devise, erty, real or personal, or mixed, necessary for gift, grant, purchase, lease, or otherwise, ei- carrying into effect the purposes of the corpora- ther absolutely or jointly with any other per- tion, subject to applicable provisions of law of son or persons or corporation, for any of the any State (1) governing the amount or kind of purposes hereinafter set forth, any property, real and personal property which may be held real, personal, or mixed, or any undivided in- by, or (2) otherwise limiting or controlling the terest therein; to convey, sell, or otherwise ownership of real and personal property by, a dispose of such property, and to invest, rein- corporation operating in such State. vest, administer, and deal with the same in (g) To transfer, lease, or convey real or per- such manner as in the judgment of the direc- sonal property. tors of the corporation will best promote the (h) To borrow money for the purposes of the purposes of the corporation, but without and corporation, and issue bonds or other evidences free from restrictions applicable to trustees or of indebtedness therefor, and secure the same by trust funds, mortgage or pledge subject to applicable Federal (2) To apply its income, and if the corpora- or State laws. tion so decides, all or any part of its principal, (i) To do any and all acts necessary and proper exclusively to the following educational, char- to carry out the purposes of the corporation. itable, scientific, or literary purposes, or any (Aug. 24, 1954, ch. 911, § 4, 68 Stat. 797.) of them: (a) To advance the science of jurispru- § 575. Principal office; territorial scope of activi- dence; ties; agent for service of process (b) To uphold high standards for the Fed- (a) The corporation shall have its principal of- eral judiciary and for attorneys representing fice in the District of Columbia and may con- the Government of the United States; duct its activities at any place or places in the (c) To promote and improve the adminis- United States, or elsewhere. tration of justice, including the study of (b) The corporation shall have in the District means for the improved handling of the legal of Columbia at all times a designated agent au- business of the several Federal departments thorized to accept service of process for the cor- and establishments; poration; and notice served upon such agent, or (d) To facilitate the cultivation and diffu- mailed to such agent at such business address, sion of knowledge and understanding of the shall be deemed service upon or notice to the law and the promotion of the study of the corporation. law and the science of jurisprudence and re- search therein, through the maintenance of (Aug. 24, 1954, ch. 911, § 5, 68 Stat. 798.) a law library, the establishment of seminars, § 576. Membership; voting rights lectures, and studies devoted to the law, and the publication of addresses, essays, trea- (a) The membership of the corporation con- tises, reports and other literary works by sists of the persons listed in section 571 of this students, practitioners, and teachers of the title, the persons who hereafter become mem- law; and bers of the National Council of the Federal Bar (e) To provide for the acquisition, preser- Association, a non-profit corporation of the Dis- vation and exhibition of rare books and doc- trict of Columbia (for the duration of their uments, sculptures, paintings and other ob- membership as such), and such others as the cor- jects of art and historical interest relating poration may provide for by bylaw or otherwise. to the law, the courts and the legal profes- (b) Each member of the corporation may cast sion, one vote on each matter submitted to a vote of the members. (3) To do any and all things necessary or in- cident to the accomplishment of the foregoing (Aug. 24, 1954, ch. 911, § 6, 68 Stat. 798.) purposes. § 577. Board of directors (Aug. 24, 1954, ch. 911, § 3, 68 Stat. 797.) (a) Composition of initial board § 574. Powers of corporation The governing body of the corporation is its The corporation shall have the following pow- board of directors, which during 1954, will com- ers: prise the following: (a) To sue and be sued, complain and defend in Bettin Stalling, of Illinois; any court of competent jurisdiction. Stanley N. Barnes, of California; (b) To adopt, alter, and use a corporate seal. Clarence A. Davis, of Nebraska; (c) To choose such officers, managers, and Earl W. Kintner, of Indiana; agents as the business of the corporation may Lawrence H. Axman, District of Columbia; require. Wendell Barnes, of Oklahoma; (d) To adopt, amend, apply, and administer by- William L. Ellis, of Michigan; and laws, not inconsistent with the laws of the Arthur J. Klayman, of Illinois, United States of America or any State in which who are currently members of the executive the corporation is to operate, for the manage- committee of the Federal Bar Association. § 578 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 110

(b) Composition of subsequent boards; tenure (Aug. 24, 1954, ch. 911, § 10, 68 Stat. 799.) Thereafter the board of directors will consist § 581. Liability for acts of officers and agents of twelve persons elected, and subject to re- moval at any time, by majority vote of the The corporation shall be liable for the acts of members of the corporation. The term of office its officers and agents within the scope of their of the elected members of the board is for six authority. years, except that, for the first elected board, (Aug. 24, 1954, ch. 911, § 11, 68 Stat. 799.) four shall be elected for a term of two years, four for a term of four years, and four for a term § 582. Prohibition against issuance of stock or of six years. Vacancies in the board of directors, payment of dividends caused by expiration of the members’ terms or otherwise, shall be filled by a majority vote of The corporation shall not issue any shares of the members of the corporation. stock, nor declare or pay dividends. (c) Powers; voting rights; meetings (Aug. 24, 1954, ch. 911, § 12, 68 Stat. 799.) The board of directors may exercise, or pro- § 583. Books and records; inspection vide for the exercise of, the powers herein grant- ed to the corporation, and each member of the The corporation shall keep correct and com- board shall have one vote upon all matters de- plete books and records of account. It shall also termined. The board shall meet at least annu- keep minutes of the proceedings of its member- ally. The board may delegate its powers to a ship and of the board of directors or committees prudential committee subject to the direction having any of the authority of the board of di- of, and reporting to, the board. The president of rectors. It shall also keep at its principal office the corporation shall act as chairman of the a record giving the names and addresses of its board and of the committee. members, directors, and officers. All books and (Aug. 24, 1954, ch. 911, § 7, 68 Stat. 798.) records of the corporation may be inspected by any member or his agent or attorney, for any § 578. Officers proper purpose, at any reasonable time. (a) The officers of the corporation shall con- (Aug. 24, 1954, ch. 911, § 13, 68 Stat. 799.) sist of a president, vice president, secretary, treasurer, historian, and such other officers as § 584. Repealed. Pub. L. 88–504, § 4(22), Aug. 30, may be determined by bylaw. 1964, 78 Stat. 637 The officers shall have such powers, consistent Section, act Aug. 24, 1954, ch. 911, § 14, 68 Stat. 799, re- with this charter, as may be provided by bylaw. lated to audit of financial transactions and report of (b) The officers shall be elected by the board of such audit to Congress. See sections 1101 to 1103 of this directors at its initial meeting and thereafter at title. its annual designated meeting and shall serve for a term of one year. § 585. Use of assets on dissolution or liquidation (Aug. 24, 1954, ch. 911, § 8, 68 Stat. 799.) Upon final dissolution or liquidation of the corporation, and after the discharge or satisfac- § 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.

CROSS REFERENCES (Aug. 24, 1954, ch. 911, § 16, 68 Stat. 800.) 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 (a) None of the activities, funds, property, or the Federal Bar Association’’. 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- rectly, or in attempting to influence legislation. § 588. ‘‘State’’ defined (b) Neither the corporation nor its officers or directors shall, as such, contribute to or other- As used in this chapter the word ‘‘State’’ in- wise support or assist any political party or can- cludes the District of Columbia. didate for elective public office. (Aug. 24, 1954, ch. 911, § 18, 68 Stat. 800.) Page 111 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 603

§ 589. Reservation of right to amend or repeal linois; Edgar Kobak, New York, New York; Allan chapter B. Kline, Chicago, Illinois; Robert Lehman, New York, New York; Samuel D. Leidesdorf, New The right to repeal, alter, or amend this chap- York, New York; Leroy A. Lincoln, New York, ter at any time is expressly reserved to the Con- New York; Ralph Lowell, Boston, Massachu- gress. setts; Benjamin E. Mays, Atlanta, Georgia; Neil (Aug. 24, 1954, ch. 911, § 19, 68 Stat. 800.) McElroy, Cincinnati, Ohio; George W. Merck, West Orange, New Jersey; Don G. Mitchell, New CHAPTER 26—NATIONAL FUND FOR York, New York; George G. Montgomery, San MEDICAL EDUCATION Francisco, California; Seeley G. Mudd, M.D., Los Sec. Angeles, California; 601. Corporation created. Charles S. Munson, New York, New York; Her- 602. Completion of organization. schel D. Newsom, Washington, District of Co- 603. Purposes of corporation. lumbia; Edward J. Noble, New York, New York; 604. Powers of corporation. William S. Paley, New York, New York; Thomas 605. Principal office; territorial scope of activi- I. Parkinson, New York, New York; F. D. Patter- ties; agent for service of process. son, Tuskegee, Alabama; Joseph M. Proskauer, 606. Membership; voting rights. 607. Board of directors. New York, New York; B. Earl Puckett, New (a) Composition of initial board. York, New York; Victor F. Ridder, New York, (b) Composition of subsequent boards; New York; Owen J. Roberts, Philadelphia, Penn- tenure. sylvania; Winthrop Rockefeller, Little Rock, Ar- (c) Duties. kansas; Anna M. Rosenberg, New York, New 608. Officers. York; T. J. Ross, New York, New York; Howard 609. Distribution of income or assets to members; A. Rusk, M.D., New York, New York; Frank P. loans. Samford, Birmingham, Alabama; Lester N. 610. Nonpolitical nature of corporation. 611. Liability for acts of officers and agents. Selig, Chicago, Illinois; Eustace Seligman, New 612. Prohibition against issuance of stock or pay- York, New York; Spyros P. Skouras, New York, ment of dividends. New York; Alfred P. Sloan, Junior, New York, 613. Books and records; inspection. New York; George F. Smith, New Brunswick, 614. Repealed. New Jersey; Harold V. Smith, New York, New 615. Use of assets on dissolution or liquidation. York; Harold E. Stassen, Washington, District of 616. Acquisition of assets and liabilities of exist- Columbia; John P. Stevens, Junior, New York, ing corporation. New York; William C. Stolk, New York, New 617. Reservation of right to amend or repeal chap- ter. York; Harvey B. Stone, M.D., Baltimore, Mary- land; § 601. Corporation created Reese H. Taylor, Los Angeles, California; Juan T. Trippe, Greenwich, Connecticut; Thomas J. The following persons: Donald C. Balfour, Watson, New York, New York; Ernest T. Weir, M.D., Rochester, Minnesota; Louis H. Bauer, Pittsburgh, Pennsylvania; George Whitney, New M.D., Hempstead, New York; Margaret Culkin York, New York; Robert E. Wilson, Chicago, Illi- Banning, Duluth, Minnesota; E. N. Beesley, Indi- nois; R. W. Woodruff, Atlanta, Georgia; Wilson 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- liam E. Cotter, Scarsdale, New York; C. R. Cox, (Aug. 28, 1954, ch. 1036, § 1, 68 Stat. 891.) 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- § 604 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 112 tion therewith to take other appropriate action § 606. Membership; voting rights to promote and foster the following objectives: (1) The interpretation of the needs of medi- (a) Eligibility for membership in the corpora- cal education to the American public; tion and the rights, privileges, and designation (2) The encouragement of the growth, devel- of classes of members shall, except as provided opment and advancement of constantly im- in this chapter, be determined as the constitu- proving standards and methods in the edu- tion and bylaws of the corporation may provide. cation and training of all medical manpower (b) Each member of the corporation, other in the Nation; and than honorary, sustaining or associate members, (3) The preservation of academic freedom in shall have the right to one vote on each matter the institutions of medical education. submitted to a vote at all meetings of the mem- bers of the corporation. (Aug. 28, 1954, ch. 1036, § 3, 68 Stat. 892.) (Aug. 28, 1954, ch. 1036, § 6, 68 Stat. 893.) § 604. Powers of corporation § 607. Board of directors The corporation shall have power— (1) to have succession by its corporate name; (a) Composition of initial board (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 directors of the (3) to adopt, use, and alter a corporate seal; corporation shall consist of the present mem- (4) to choose such officers, managers, agents, bers of the executive committee of the National and employees as the business of the corpora- Fund for Medical Education, Incorporated, the tion may require; corporation described in section 616 of this title, (5) to adopt, amend, and alter a constitution or such of them as may then be living and are and bylaws, not inconsistent with the laws of qualified members of said executive committee, the United States or any State in which the to wit: Earl Bunting, Washington, District of corporation is to operate, for the management Columbia; Colby M. Chester, New York, New of its property and the regulation of its af- York; S. Sloan Colt, Westhampton Beach, New fairs; York; William E. Cotter, Scarsdale, New York; (6) to contract and be contracted with; Victor Emanuel, New York, New York; William (7) to take by lease, gift, purchase, grant, de- B. Given, Junior, New York, New York; Herbert vise, or bequest from any private corporation, Hoover, New York, New York; Devereux C. Jo- association, partnership, firm or individual sephs, New York, New York; Samuel D. and to hold any property, real, personal or Leidesdorf, New York, New York; Leroy A. Lin- mixed, necessary or convenient for attaining coln, New York, New York; Eustace Seligman, the objects and carrying into effect the pur- New York, New York; Juan T. Trippe, Green- poses of the corporation, subject, however, to wich, Connecticut; and John S. Zinsser, Phila- applicable provisions of law of any State (A) delphia, Pennsylvania; together with the follow- governing the amount or kind of property ing members of the medical profession, namely, which may be held by, or (B) otherwise limit- Donald C. Balfour, M.D., Rochester, Minnesota; ing or controlling the ownership of property Louis H. Bauer, M.D., Hempstead, New York; by, a corporation operating in such State; Howard A. Rusk, M.D., New York, New York; (8) to transfer, convey, lease, sublease, en- and Harvey B. Stone, M.D., Baltimore, Mary- cumber and otherwise alienate real, personal land. or mixed property; and (b) Composition of subsequent boards; tenure (9) to borrow money for the purposes of the corporation, issue bonds therefor, and secure Thereafter, the board of directors of the cor- the same by mortgage, deed of trust, pledge or poration shall consist of such number (not less otherwise, subject in every case to all applica- than fifteen and not more than twenty-five, four ble provisions of Federal and State laws. of whom shall at all times be members of the medical profession), shall be selected in such (Aug. 28, 1954, ch. 1036, § 4, 68 Stat. 892.) 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. (c) Duties (a) The principal office of the corporation shall be located in New York City, New York, or The board of directors shall be the governing in such other place as may be later determined board of the corporation and, during the inter- by the board of directors, but the activities of vals between the meetings of members, shall be the corporation shall not be confined to that responsible for the general policies and program place, but may be conducted throughout the of the corporation and for the control of all con- various States, Territories, and possessions of tributed funds as may be raised by the corpora- the United States. tion. (b) The corporation shall have in the District (Aug. 28, 1954, ch. 1036, § 7, 68 Stat. 893.) of Columbia at all times a designated agent au- thorized to accept service of process for the cor- § 608. Officers poration; and notice to or service upon such (a) The officers of the corporation shall be a agent, or mailed to the business address of such chairman of the board of directors, a president, agent, shall be deemed notice to or service upon one or more vice presidents (as may be pre- the corporation. scribed in the constitution and bylaws of the (Aug. 28, 1954, ch. 1036, § 5, 68 Stat. 893.) corporation), a secretary, and a treasurer, and Page 113 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 617 one or more assistant secretaries and assistant (Aug. 28, 1954, ch. 1036, § 13, 68 Stat. 894.) treasurers as may be provided in the constitu- tion and bylaws. § 614. Repealed. Pub. L. 88–504, § 4(23), Aug. 30, (b) The officers of the corporation shall be 1964, 78 Stat. 637 elected in such manner and for such terms and Section, act Aug. 28, 1954, ch. 1036, § 14, 68 Stat. 894, re- with such duties as may be prescribed in the lated to audit of financial transactions and report of constitution and bylaws of the corporation. such audit to Congress. See sections 1101 to 1103 of this (Aug. 28, 1954, ch. 1036, § 8, 68 Stat. 894.) title. § 609. Distribution of income or assets to mem- § 615. Use of assets on dissolution or liquidation bers; loans Upon dissolution or final liquidation of the (a) No part of the income or assets of the cor- corporation, after discharge or satisfaction of poration shall inure to any of its members, di- all outstanding obligations and liabilities, the rectors, or officers as such, or be distributable remaining assets, if any, of the corporation shall to any of them during the life of the corporation be distributed in accordance with the deter- or upon its dissolution or final liquidation. mination of the board of directors of the cor- Nothing in this subsection, however, shall be poration and in compliance with the constitu- construed to prevent the payment of compensa- tion and bylaws of the corporation and all Fed- tion to officers of the corporation in amounts eral and State laws applicable thereto. approved by the board of directors of the cor- (Aug. 28, 1954, ch. 1036, § 15, 68 Stat. 895.) poration. (b) The corporation shall not make loans to its § 616. Acquisition of assets and liabilities of exist- officers, directors, or employees. Any director ing corporation who votes for or assents to the making of a loan The corporation may acquire the assets of the or advance to an officer, director or employee of National Fund for Medical Education, Incor- the corporation, and any officer who partici- porated, a corporation organized under the laws pates in the making of such a loan or advance, of the State of New York, upon discharging or shall be jointly and severally liable to the cor- satisfactorily providing for the payment and dis- poration for the amount of such loan until the charge of all of the liability of such corporation repayment thereof. and upon complying with all laws of the State of (Aug. 28, 1954, ch. 1036, § 9, 68 Stat. 894.) New York applicable thereto. § 610. Nonpolitical nature of corporation (Aug. 28, 1954, ch. 1036, § 16, 68 Stat. 895.) The corporation, and its officers and directors SECTION REFERRED TO IN OTHER SECTIONS as such, shall not contribute to or otherwise This section is referred to in section 607 of this title. support or assist any political party or can- didate for public office. § 617. Reservation of right to amend or repeal (Aug. 28, 1954, ch. 1036, § 10, 68 Stat. 894.) chapter The right to alter, amend, or repeal this chap- § 611. Liability for acts of officers and agents ter is expressly reserved. The corporation shall be liable for the acts of (Aug. 28, 1954, ch. 1036, § 17, 68 Stat. 895.) its officers and agents when acting within the scope of their authority. CHAPTER 27—LEGION OF VALOR OF THE (Aug. 28, 1954, ch. 1036, § 11, 68 Stat. 894.) UNITED STATES OF AMERICA, INC. § 612. Prohibition against issuance of stock or Sec. 631. Corporation created. payment of dividends 632. Completion of organization. The corporation shall have no power to issue 633. Principles and objects of corporation. any shares of stock or to declare or pay any 634. Powers of corporation. dividends. 635. Principal office; territorial scope of activi- ties; agent for service of process. (Aug. 28, 1954, ch. 1036, § 12, 68 Stat. 894.) 636. Membership. (a) Eligibility. CROSS REFERENCES (b) Extension of eligibility to parents and Exemption from income tax of certain organizations, descendants. see section 501 of Title 26, Internal Revenue Code. (c) Voting rights. (d) Exception. § 613. Books and records; inspection 637. Governing body. (a) Composition. The corporation shall keep correct and com- (b) Tenure. plete books and records of account and shall (c) Duties. keep minutes of the proceedings of its members, 638. Officers. board of directors, and committees having any 639. Distribution of income or assets to members; authority under the board of directors; and it loans. shall also keep at its principal office a record of 640. Nonpolitical nature of corporation. the names and addresses of its members entitled 641. Liability for acts of officers and agents. 642. Prohibition against issuance of stock or pay- to vote. All books and records of the corporation ment of dividends. may be inspected by any member entitled to 643. Books and records; inspection. vote, or his agent or attorney, for any proper 644. Repealed. purpose, at any reasonable time. 645. Use of assets on dissolution or liquidation. § 631 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 114

Sec. Passaic, New Jersey; Willard H. Marshall, Dis- 646. Acquisition of assets and liabilities of exist- tinguished Service Cross, 31 West Whitney ing corporation. Street, Sheridan, Wyoming; Peter Paul 647. Reservation of right to amend or repeal chap- ter. Martinek, Navy Cross, 1731 South Brand Boule- 648. Change of name to Legion of Valor of the vard, Glendale, California; Lucian Adams, Con- United States of America, Incorporated. gressional Medal of Honor, 213 Santa Clara Street, San Antonio, Texas; and Edgar H. Bain, CHANGE OF NAME post-office box 2, Goldsboro, North Carolina, and The name of the corporation was changed from the their successors, are created and declared to be Army and Navy Legion of Valor of the United States of a body corporate of the District of Columbia, America, Incorporated, to the Legion of Valor of the where its legal domicile shall be, by the name of United States of America, Incorporated, by Pub. L. the Legion of Valor of the United States of 87–56, § 1, June 21, 1961, 75 Stat. 95. See section 648 of this title. America, Incorporated (hereinafter referred to as the ‘‘corporation’’), and by such name shall § 631. Corporation created be known and have perpetual succession and the powers, limitations, and restrictions herein con- The following persons, to wit: James G. Walsh, tained. Distinguished Service Cross, 50 Patten Street, Jamaica Plain, Massachusetts; Robert G. Wood- (Aug. 4, 1955, ch. 546, § 1, 69 Stat. 486; June 21, side, Distinguished Service Cross, 3858 First 1961, Pub. L. 87–56, § 1, 75 Stat. 95.) Avenue, South, Saint Petersburg, Florida; CHANGE OF NAME Deming Bronson, Congressional Medal of Honor, route 2, box 322, Roseburg, Oregon; George E. ‘‘Legion of Valor of the United States of America, In- corporated’’ substituted in text for ‘‘Army and Navy Parker, Junior, Distinguished Service Cross, Lu- Legion of Valor of the United States of America, Incor- therville, Maryland; Leo L. Zingale, Distin- porated’’ on authority of section 1 of Pub. L. 87–56. See guished Service Cross, 3612 East One Hundred section 648 of this title. and Seventeenth Street, Cleveland, Ohio; John Davis, Congressional Medal of Honor, 800 North SECTION REFERRED TO IN OTHER SECTIONS Shore Drive, Saint Petersburg, Florida; Glen O. This section is referred to in section 632 of this title. McEwen, Distinguished Service Cross, box 737, Spokane 3, Washington; Ben. Prager, Distin- § 632. Completion of organization guished Service Cross, 316 Court House, Pitts- The persons named in section 631 of this title burgh, Pennsylvania; Earle D. Norton, Distin- are authorized to complete the organization of guished Service Cross, 29 Broadway, New York, the corporation by the selection of officers and New York; Ray Eastman, Navy Cross, 396 La- employees, the adoption of a constitution and Salle Avenue, Buffalo 15, New York; Ben Neff, bylaws, not inconsistent with the provisions of Distinguished Service Cross, 208 Evanston Build- this chapter, and the doing of such other acts as ing, Minneapolis, Minnesota; Warren L. Grang- may be necessary for such purpose. Five of such er, Navy Cross, 703 Sixteenth Street, Alexandria, persons shall constitute a quorum for the pur- Virginia; William Oliver Smith, Distinguished poses enumerated in this section. Service Cross, 917 Holt Drive, Raleigh, North (Aug. 4, 1955, ch. 546, § 2, 69 Stat. 487.) Carolina; Robert M. Gaynor, Distinguished Serv- ice Cross, 621 South Taylor Street, Arlington, § 633. Principles and objects of corporation Virginia; Leon M. Hanna, Distinguished Service Cross, box 217, McHenry, Illinois; Bruno O. (a) The principles underlying the corporation Forsterer, Congressional Medal of Honor, Walk- are patriotic allegiance to the United States of er Street, Oakland, California; Elmer R. America, fidelity to its Constitution and law, Hangartner, Distinguished Service Cross, 2103 the security of civil liberty, and the permanence Lynn Avenue, Altoona, Wisconsin; Thomas of free institutions. Eadie, Congressional Medal of Honor, 120 Gibbs (b) The objects of the corporation are to cher- Avenue, Newport, Rhode Island; John D. Hawk, ish the memories of the valiant deeds in arms Congressional Medal of Honor, 3243 Solie, Brem- for which the Congressional Medal of Honor, the erton, Washington; Leon A. Dombrowski, Distin- Distinguished Service Cross, Air Force Cross, guished Service Cross, 137 Highland Drive, and the Navy Cross are the insignia; to promote Williamsville, New York; William C. Hardie, true fellowship among its members; to advance Distinguished Service Cross, post-office box 1396, the best interests of members of the Armed Billings, Montana; E. Lee Henderson, Navy Forces of the United States of America; to ex- Cross, 10948 Fruitland Drive, North Hollywood, tend all possible relief to needy members of the California; Othel J. Gee, Distinguished Service corporation, their widows, and children; and to Cross, 416 Medical Arts Building, Oklahoma stimulate patriotism in the minds of our youth City, Oklahoma; Leslie Hardy, Distinguished by encouraging the study of the patriotic, mili- Service Cross, 1021 East Sierra Vista, Phoenix, tary, and naval history of our Nation. Arizona; A. Allen Johnson, Distinguished Serv- (Aug. 4, 1955, ch. 546, § 3, 69 Stat. 487; June 21, ice Cross, 953 Dixwell Avenue, New Haven, Con- 1961, Pub. L. 87–56, § 2, 75 Stat. 95.) necticut; Dennis C. Turner, Distinguished Serv- ice Cross, 1008 Missouri Avenue, Houston, Texas; AMENDMENTS Columbus Whipple, Distinguished Service Cross, 1961—Subsec. (b). Pub. L. 87–56 inserted ‘‘Air Force 2704 Brinker Avenue, Ogden, Utah; John D. Cross’’ after ‘‘Distinguished Service Cross,’’. Licklider, Distinguished Service Cross, 229 § 634. Powers of corporation Woodrow Avenue, Martinsburg, West Virginia; Murry Wolffe, Navy Cross, 240 Gregory Avenue, The corporation shall have power— Page 115 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 638

(1) to have succession by its corporate name; ther active or associate, to parents and lineal (2) to sue and be sued, complain and defend descendants of the persons described in sub- in any court of competent jurisdiction; section (a) of this section under such conditions (3) to adopt, use, and alter a corporate seal; and upon such terms as the corporation may (4) to charge and collect membership dues; specify in its constitution and bylaws. (5) to adopt, amend, and alter a constitution and bylaws, not inconsistent with the laws of (c) Voting rights the United States or any State in which the Each member of the corporation, other than corporation is to operate, for the management associate members, shall have the right to one of its property and the regulation of its af- vote on each matter submitted to a vote at all fairs; meetings of the members of the corporation. (6) to contract and be contracted with; (d) Exception (7) to take by lease, gift, purchase, grant, de- vise, or bequest from any private corporation, Notwithstanding the limitations set out in association, partnership, firm, or individual subsections (a) and (b) of this section, any mem- and to hold any property, real, personal, or ber in good standing of the corporate body re- mixed, necessary or convenient for attaining ferred to in section 646 of this title shall be ad- the objects and carrying into effect the pur- mitted on request to comparable membership in poses of the corporation, subject, however, to the corporation created by this chapter. applicable provisions of law of any State (A) (Aug. 4, 1955, ch. 546, § 6, 69 Stat. 488; June 21, governing the amount or kind of property 1961, Pub. L. 87–56, § 2, 75 Stat. 95.) which may be held by, or (B) otherwise limit- ing or controlling the ownership of property AMENDMENTS by, a corporation operating in such State; 1961—Subsec. (a). Pub. L. 87–56 inserted ‘‘Air Force (8) to transfer, convey, lease, sublease, en- Cross’’ after ‘‘Distinguished Service Cross,’’. cumber, and otherwise alienate real, personal § 637. Governing body or mixed property; and (9) to borrow money for the purposes of the (a) Composition corporation, issue bonds therefor, and secure Upon the enactment of this chapter the mem- the same by mortgage, deed of trust, pledge, bership of the initial board of directors of the or otherwise, subject in every case to all appli- corporation shall consist of the present officers cable provisions of Federal and State laws. of the Army and Navy Legion of Valor, referred (Aug. 4, 1955, ch. 546, § 4, 69 Stat. 487.) to in section 646 of this title, or such of them as may then be living and are qualified officers of § 635. Principal office; territorial scope of activi- that corporation, to wit: William Oliver Smith, ties; agent for service of process of Raleigh, North Carolina; Peter Paul (a) The principal office of the corporation Martinek, of Glendale, California; Lucian shall be located in Pittsburgh, Pennsylvania, or Adams, of San Antonio, Texas; Edgar H. Bain, of in such other place as may later be determined Goldsboro, North Carolina; and Ben Prager, of by the board of directors, but the activities of Pittsburgh, Pennsylvania, who are respectively, the corporation shall not be confined to that the commander, the senior vice commander, the place and may be conducted throughout the var- junior vice commander, the chaplain, and the ious States, Territories, and possessions of the adjutant and quartermaster. United States. (b) Tenure (b) The corporation shall have in the District of Columbia at all times a designated agent au- Thereafter, the board of directors of the cor- thorized to accept service of process for the cor- poration shall consist of such number (not less poration; and notice to or service upon such than ten), shall be selected in such manner (in- agent, or mailed to the business address of such cluding the filling of vacancies), and shall serve agent, shall be deemed notice to or service upon for such terms as may be prescribed in the con- the corporation. stitution and bylaws of the corporation. (Aug. 4, 1955, ch. 546, § 5, 69 Stat. 487.) (c) Duties The board of directors shall be the governing § 636. Membership board of the corporation and shall, during the (a) Eligibility intervals between corporation meetings, be re- All persons of good moral character who are, sponsible for the general policies and program of have been, or may become members of the the corporation. The board shall be responsible Armed Forces of the United States or any for- for all finances of the corporation. eign country of whatever rank, who have re- (Aug. 4, 1955, ch. 546, § 7, 69 Stat. 488.) ceived or who may hereafter receive a Congres- sional Medal of Honor, a Distinguished Service § 638. Officers 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. § 639 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 116

(Aug. 4, 1955, ch. 546, § 8, 69 Stat. 489.) of all outstanding obligations and liabilities, the remaining assets of the corporation may be dis- § 639. 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. 4, 1955, ch. 546, § 15, 69 Stat. 490.) tion of the corporation as provided in section 645 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 639 of this title. of compensation to officers of the corporation in amounts approved by the executive committee § 646. Acquisition of assets and liabilities of exist- of the corporation. ing corporation (b) The corporation shall not make loans to its The corporation may acquire the assets of the officers, directors, or employees. Any director Army and Navy Legion of Valor of the United who votes for or assents to the making of a loan States of America, Incorporated, a body cor- to an officer, director, or employee of the cor- porate organized under the laws of the State of poration, and any officer who participates in the New York, upon discharging or satisfactorily making of such loan, shall be jointly and sever- providing for the payment and discharge of all ally liable to the corporation for the amount of of the liabilities of such State corporation and such loan until the repayment thereof. upon complying with all the laws of the State of (Aug. 4, 1955, ch. 546, § 9, 69 Stat. 489.) New York applicable thereto. § 640. Nonpolitical nature of corporation (Aug. 4, 1955, ch. 546, § 16, 69 Stat. 490.) The corporation, and its officers and directors SECTION REFERRED TO IN OTHER SECTIONS as such, shall not contribute to or otherwise This section is referred to in sections 636, 637 of this support or assist any political party or can- title. didate for public office. § 647. Reservation of right to amend or repeal (Aug. 4, 1955, ch. 546, § 10, 69 Stat. 489.) chapter § 641. Liability for acts of officers and agents The right to alter, amend, or repeal this chap- ter is expressly reserved. The corporation shall be liable for the acts of its officers and agents when acting within the (Aug. 4, 1955, ch. 546, § 17, 69 Stat. 490.) scope of their authority. § 648. Change of name to Legion of Valor of the (Aug. 4, 1955, ch. 546, § 11, 69 Stat. 489.) United States of America, Incorporated § 642. Prohibition against issuance of stock or The corporation known as the Army and Navy payment of dividends Legion of Valor of the United States of America, The corporation shall have no power to issue Incorporated, which was incorporated by the Act any shares of stock or to declare or pay any entitled ‘‘An Act to incorporate the Army and dividends. Navy Legion of Valor of the United States of America’’, approved August 4, 1955 (69 Stat. 486), (Aug. 4, 1955, ch. 546, § 12, 69 Stat. 489.) shall be known and designated on and after June § 643. Books and records; inspection 21, 1961 as the Legion of Valor of the United States of America, Incorporated, and any ref- The corporation shall keep correct and com- erence to such corporation under the name of plete books and records of account and shall the Army and Navy Legion of Valor of the keep minutes of the proceedings of its members, United States of America, Incorporated, shall be board of directors, and committees having any held to refer to such corporation under and by authority under the board of directors; and it the name of the Legion of Valor of the United shall also keep at its principal office a record of States of America, Incorporated. the names and addresses of its members entitled (Pub. L. 87–56, § 1, June 21, 1961, 75 Stat. 95.) to vote. All books and records of the corporation may be inspected by any member entitled to REFERENCES IN TEXT vote, or his agent or attorney, for any proper The Act entitled ‘‘An Act to incorporate the Army purpose, at any reasonable time. 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, re- CODIFICATION lated to audit of financial transactions and report of 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. Page 117 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 663

Sec. Marti, Detroit, Michigan; Jane R. Mayer, New 662. Completion of organization. York, New York; Charles Mayer, New York, New 663. Objects and purposes of Corporation. 664. Powers of Corporation. York; Peter Mennin, New York, New York; Ada 665. Principal office; territorial scope of activi- Holding Miller, Providence, Rhode Island; How- ties; agent for service of process. ard Mitchell, Washington, District of Columbia; 666. Membership; voting rights. Dmitri Mitropoulos, New York, New York; 667. Governing body; composition; tenure. Douglas Moore, New York, New York; Harold C. 668. Officers. 669. Distribution of income or assets to members; Morris, New York, New York; Carol Morse, New loans. York, New York; Walter W. Naumburg, New 670. Nonpolitical nature of Corporation. York, New York; Herman Neuman, New York, 671. Liability for acts of officers and agents. New York; Geoffrey O’Hara, Pawling, New York; 672. Prohibition against issuance of stock or pay- Ralph Sylvester Peer, New York, New York; ment of dividends. 673. Books and records; inspection. Gustave Reese, New York, New York; Claire R. 674. Repealed. Reis, New York, New York; Cornelia B. Rogers, 675. Use of assets on dissolution or liquidation. New York, New York; Willard Rhodes, New 676. Exclusive right to name, seals, emblems, and York, New York; James Sample, Erie, Pennsyl- badges. 677. Agents for service of process. vania; William A. Schroeder, New York, New 678. Acquisition of assets and liabilities of exist- York; Elie Siegmeister, Great Neck, New York; ing corporation. Izler Soloman, Peekskill, New York; Sigmund 679. Effective date. Spaeth, New York, New York; 680. Reservation of right to amend or repeal chap- Harold Spivacke, Washington, District of Co- ter. lumbia; Marshall Stearns, New York, New York; § 661. Corporation created William Richard Steinway, New York, New York; Paul Swarm, Decatur, Illinois; Bernard U. The following persons: Stanley Adams, New Taylor, New York, New York; Anthony Ralph York, New York; Irl Allison, Austin, Texas; Teta, New Haven, Connecticut; Charles A. Wall, Leon Barzin, New York, New York; Marion New York, New York; Sidney William Bauer, New York, New York; Edwine Behre, New Wattenberg, New York, New York; Eleanor Hale York, New York; Thomas H. Belviso, Pelham Wilson, Seattle, Washington; Philip Wyman, Manor, New York; Robert Russell Bennett, New Cincinnati, Ohio; and their associates and suc- York, New York; Duane Branigan, Champaign, cessors, are created a body corporate by the Illinois; Howard C. Bronson, Hague, Virginia; name of National Music Council (hereinafter re- John Brownlee, New York, New York; L. Per- ferred to as the ‘‘Corporation’’) and by such kins Bull, Glencoe, Illinois; Earl Campbell, name shall be known and have perpetual succes- Washington, District of Columbia; Leon Carson, sion and the powers and limitations contained New York, New York; Robert A. Choate, Boston, in this chapter. Massachusetts; James Francis Cooke, Philadel- phia, Pennsylvania; Paul Creston, Yonkers, New (Aug. 1, 1956, ch. 824, § 1, 70 Stat. 794.) York; Kathleen Davison, Des Moines, Iowa; Nor- SECTION REFERRED TO IN OTHER SECTIONS man Dello Joio, New York, New York; Vera This section is referred to in sections 662, 679 of this Wardner Dougan, Beloit, Wisconsin; Walter G. title. Douglas, New York, New York; Deane Edwards, Rye, New York; S. Lewis Elmer, New York, New § 662. Completion of organization York; Herman Finkelstein, New York, New A majority of the persons named in section 661 York; Charles Warren Fox, Rochester, New of this title, or their successors, are hereby au- York; Arthur Flagler Fultz, Boston, Massachu- thorized to meet to complete the organization of setts; the Corporation by the adoption of a constitu- Percy Walter Gatz, White Plains, New York; tion and bylaws, by the election of officers, and Karl Geiringer, Boston, Massachusetts; Ira by doing all things necessary to carry into effect Gershwin, Beverly Hills, California; Ray Green, the provisions of this chapter. New York, New York; Vernon Hammond, Phila- delphia, Pennsylvania; Howard Hanson, Roch- (Aug. 1, 1956, ch. 824, § 2, 70 Stat. 795.) ester, New York; Otto A. Harbach, New York, § 663. Objects and purposes of Corporation New York; Ernest E. Harris, New York, New York; Arthur A. Hauser, Berwyn, Pennsylvania; The objects and purposes of the Corporation Carl Haverlin, New York, New York; Patrick shall be— Hayes, Washington, District of Columbia; Frank (1) to provide the member organizations W. Hill, Cedar Falls, Iowa; Mark M. Horblit, with a forum for the free discussion of prob- Boston, Massachusetts; Edwin Hughes, New lems affecting national musical life in this York, New York; Edna Wallace Johnston, Win- country; ter Park, Florida; Archie N. Jones, Austin, (2) to speak with one voice for music when- Texas; S. Turner Jones, Baldwin, New York; Ar- ever an authoritative expression of opinion is thur Judson, New York, New York; Harrison desirable; Keller, Boston, Massachusetts; Ruth Kemper, (3) to provide for the interchange of informa- New York, New York; Raymond Kendall, Los tion between the various member organiza- Angeles, California; Richard Korn, New York, tions; New York; Olga Koussevitzky, Lenox, Massachu- (4) to encourage the coordination of efforts setts; Otto Luening, New York, New York; Mae of the member organizations, thereby avoiding MacKenzie, Pittsburgh, Pennsylvania; duplication or conflict; Joseph E. Maddy, Ann Arbor, Michigan; Don- (5) to organize exploratory surveys or fact- ald F. Malin, Boston, Massachusetts; Marie finding commissions whenever the Corpora- § 664 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 118

tion shall deem them necessary for the solu- principal office of the Corporation shall be es- tion of important problems; and tablished at such place as the board of directors (6) to encourage the development and appre- deems appropriate. ciation of the art of music and to foster the (Aug. 1, 1956, ch. 824, § 5, 70 Stat. 796.) highest ethical standards in the musical pro- fessions and industries. § 666. Membership; voting rights (Aug. 1, 1956, ch. 824, § 3, 70 Stat. 795.) Eligibility for membership in the Corporation SECTION REFERRED TO IN OTHER SECTIONS and the rights and privileges of members, shall, This section is referred to in sections 664, 675 of this except as provided in this chapter, be deter- title. mined according to the constitution and by-laws of the Corporation. In the conduct of the official § 664. Powers of Corporation business of the Corporation each member shall The Corporation shall have power— have one vote. (1) to sue and be sued, complain and defend (Aug. 1, 1956, ch. 824, § 6, 70 Stat. 796.) in any court of competent jurisdiction; (2) to adopt, use, and alter a corporate seal; § 667. Governing body; composition; tenure (3) to choose such officers, managers, agents, and employees as the business of the Corpora- The Corporation shall be governed by a board tion may require; of directors, which may be known and referred (4) to adopt and alter a constitution and by- to as an Executive Committee, composed of not laws, not inconsistent with the laws of the less than ten persons who shall be representa- United States or any State in which the Cor- tive of members of the Corporation or such poration is to operate, for the management of other persons as shall be selected by the mem- its property and the regulation of its affairs; bers of the Corporation, and such persons shall (5) to contract and be contracted with; be elected by the members of the Corporation (6) to take and hold by lease, gift, purchase, annually or at such other regular intervals as grant, devise, or bequest any property, real or may be specified in the by-laws of the Corpora- personal, necessary for attaining the objects tion. or accomplishing the purposes of the Corpora- (Aug. 1, 1956, ch. 824, § 7, 70 Stat. 796.) tion, subject to applicable provisions of law of any State (A) governing the amount or kind of § 668. Officers real and personal property which may be held by, or (B) otherwise limiting or controlling The officers of the Corporation shall consist of the ownership of real and personal property by a chairman of the board, a president, one or a corporation operating in such State; more vice presidents, a secretary, a treasurer, (7) to transfer and convey real or personal and such assistant officers as the board of direc- property; tors shall designate. The officers shall perform (8) to borrow money for the purposes of the such duties and have such powers as the by-laws Corporation, issue bonds therefor, and secure and the board of directors may from time to the same by mortgage, subject to all applica- time prescribe. ble provisions of Federal or State law; (Aug. 1, 1956, ch. 824, § 8, 70 Stat. 796.) (9) to use the corporate funds to give prizes, awards, loans, scholarships, and grants to de- serving composers, conductors, and others for § 669. Distribution of income or assets to mem- the purposes set forth in section 663 of this bers; loans title, and for such other purpose as may be de- (a) No part of the income or assets of the Cor- termined to be proper by the board of direc- poration shall inure to any member, officer, or tors; director, or be distributable to any such person (10) to publish a bulletin, magazine, and except upon dissolution and final liquidation of other publications; and the Corporation as provided in section 675 of this (11) to do any and all acts and things nec- title. essary and proper to carry out the objects and (b) The Corporation shall not make loans to purposes of the Corporation. its officers, directors, or employees. Any direc- (Aug. 1, 1956, ch. 824, § 4, 70 Stat. 795.) tor who votes for or assents to the making of a loan to any officer, director, or employee of the § 665. Principal office; territorial scope of activi- Corporation, and any officer who participates in ties; agent for service of process the making of such a loan shall be jointly and severally liable to the Corporation for the The activities of the Corporation may be con- amount of such loan until the repayment there- ducted throughout the various States, Terri- of. tories, and possessions of the United States. The Corporation shall maintain at all times in the (Aug. 1, 1956, ch. 824, § 9, 70 Stat. 796.) District of Columbia a designated agent author- ized to accept service of process for the Corpora- § 670. Nonpolitical nature of Corporation tion, such designation to be filed in the office of the clerk of the United States District Court for The Corporation and its members, officers, the District of Columbia. Notice to or service and directors as such, shall not contribute to or upon such agent, or mailed to the business ad- otherwise support or assist any political party dress of such agent, shall be deemed sufficient or candidate for elective public office. notice of service upon the Corporation. The (Aug. 1, 1956, ch. 824, § 10, 70 Stat. 796.) Page 119 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 691

§ 671. Liability for acts of officers and agents business, the name and post office address of an authorized agent in such State, Territory, or The Corporation shall be liable for the acts of possession upon whom legal process or demand its officers and agents when acting within the against the Corporation may be served. scope of their authority. (Aug. 1, 1956, ch. 824, § 17, 70 Stat. 797.) (Aug. 1, 1956, ch. 824, § 11, 70 Stat. 796.) § 678. Acquisition of assets and liabilities of exist- § 672. Prohibition against issuance of stock or ing corporation payment of dividends The Corporation may acquire the assets of Na- The Corporation shall have no power to issue tional Music Council, Incorporated, a corpora- any shares of stock or to declare or pay any tion organized under the laws of the State of dividends, or to engage in business for pecuniary New York, upon discharging or satisfactorily profit. providing for the payment and discharge of all (Aug. 1, 1956, ch. 824, § 12, 70 Stat. 796.) the liabilities of such corporation, and upon complying with all laws of the State of New § 673. Books and records; inspection York applicable thereto. The Corporation shall keep correct and com- (Aug. 1, 1956, ch. 824, § 18, 70 Stat. 797.) plete books and records of account and shall SECTION REFERRED TO IN OTHER SECTIONS also keep minutes of the proceedings of its mem- This section is referred to in section 679 of this title. bers, the board of directors, and committees having any authority under the board of direc- § 679. Effective date tors; and it shall also keep a record of the names The provisions of this chapter shall take effect and addresses of its members entitled to vote. on the filing in the office of the Clerk of the All books and records of the Corporation may be United States District Court in and for the inspected by any member, or by his agent or at- Southern District of New York of affidavits torney, at any reasonable time. signed by five of the incorporators named in sec- (Aug. 1, 1956, ch. 824, § 13, 70 Stat. 796.) tion 661 of this title to the effect that National Music Council, Incorporated, referred to in sec- § 674. Repealed. Pub. L. 88–504, § 4(25), Aug. 30, tion 678 of this title, has been dissolved in ac- 1964, 78 Stat. 637 cordance with the laws of the State of New Section, act Aug. 1, 1956, ch. 824, § 14, 70 Stat. 796, re- York, but only if such affidavits are filed within lated to audit of financial transactions and report of three years after August 1, 1956. such audit to Congress. See sections 1101 to 1103 of this (Aug. 1, 1956, ch. 824, § 19, 70 Stat. 797.) title. § 680. Reservation of right to amend or repeal § 675. Use of assets on dissolution or liquidation chapter Upon final dissolution or liquidation of the The right to alter, amend, or repeal this chap- Corporation and after the discharge or satisfac- ter is expressly reserved. tion of all outstanding obligations and liabil- ities, the remaining assets of the Corporation (Aug. 1, 1956, ch. 824, § 20, 70 Stat. 797.) shall be used by the board of directors for the CHAPTER 29—BOYS & GIRLS CLUBS OF purposes stated in section 663 of this title or be AMERICA be 1 transferred to some recognized educational foundation. Sec. 691. Corporation created. (Aug. 1, 1956, ch. 824, § 15, 70 Stat. 797.) 692. Completion of organization. 693. Purpose of corporation. SECTION REFERRED TO IN OTHER SECTIONS 694. Powers of corporation. This section is referred to in section 669 of this title. 695. Principal office; territorial scope of activi- ties; agent for service of process. § 676. Exclusive right to name, seals, emblems, 696. Membership; voting rights; benefits of mem- ber organizations. and badges 697. Governing body. (a) Composition. The Corporation shall have the sole and exclu- (b) Tenure. sive right to use the name of National Music (c) Duties. Council as representing such Corporation and 698. Officers. such seals, emblems, and badges as the Corpora- 699. Distribution of income or assets to members; tion may lawfully adopt. loans. 700. Nonpolitical nature of corporation. (Aug. 1, 1956, ch. 824, § 16, 70 Stat. 797.) 701. Liability for acts of officers and agents. 702. Prohibition against issuance of stock or pay- § 677. Agents for service of process ment of dividends. 703. Books and records; inspection. As a condition precedent to the exercise of any 704. Repealed. power or privilege granted to the Corporation 705. Use of assets on dissolution or liquidation. under this chapter, the Corporation shall file in 706. Acquisition of assets and liabilities of exist- ing corporation. the office of the Secretary of State, or in the of- 707. Reservation of right to amend or repeal chap- fice of another appropriate officer, in each State ter. and in each Territory or possession of the United States in which the Corporation is doing § 691. Corporation created The following persons: Herbert Hoover, New 1 So in original. York, New York; William E. Hall, New York, § 692 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 120

New York; Albert L. Cole, Pleasantville, New Pub. L. 102–199, § 1(2)(B), which directed the substi- York; James A. Farley, New York, New York; tution of ‘‘Boys & Girls’’ for ‘‘Boys’’, was executed by Albert C. Wedemeyer, New York, New York; substituting ‘‘Boys & Girls’’ for ‘‘Boys’ ’’ to reflect the Matthew Woll, New York, New York; Jeremiah probable intent of Congress. Milbank, New York, New York; Stanley Resor, SECTION REFERRED TO IN OTHER SECTIONS New York, New York; James B. Carey, Washing- This section is referred to in section 692 of this title. ton, District of Columbia; J. Edgar Hoover, Washington, District of Columbia; Lewis L. § 692. Completion of organization Strauss, Washington, District of Columbia; Gen- eral Robert E. Wood, Chicago, Illinois; Frederic A majority of the persons named in section 691 Cameron Church, Boston, Massachusetts; H. of this title are authorized to complete the orga- Bruce Palmer, Newark, New Jersey; Edgar A. nization of the corporation by the adoption of a Guest, Detroit, Michigan; Nicholas H. Noyes, In- constitution and bylaws, not inconsistent with dianapolis, Indiana; George A. Scott, San Diego, this chapter, and the doing of such other acts California; E. E. Fogelson, Dallas, Texas; Ernest (including the selection of officers and employ- Ingold, San Francisco, California; Jesse Draper, ees in accordance with such constitution and by- Atlanta, Georgia; Julius Epstein, Chicago, Illi- laws) as may be necessary for such purpose. nois, and their successors; and Gerald W. (Aug. 6, 1956, ch. 976, § 2, 70 Stat. 1052.) Blakeley, Jr., Boston, Massachusetts; Roscoe C. Brown, Jr., Bronx, New York; Cees Bruynes, § 693. Purpose of corporation Stamford, Connecticut; Honorable Arnold I. Burns, New York, New York; John L. Burns, The purpose of the corporation shall be to pro- Greenwich, Connecticut; Hays Clark, Hobe mote the health, social, educational, vocational, Sound, Florida; Mrs. Albert L. Cole, Hobe and character development of youth throughout Sound, Florida; Honorable Michael Curb, Bur- the United States of America; to receive, invest, bank, California; Robert W. Fowler, Atlantic and disburse funds and to hold property for the Beach, Florida; Thomas G. Garth, New York, purposes of the corporation. New York; Moore Gates, Jr., Princeton, New (Aug. 6, 1956, ch. 976, § 3, 70 Stat. 1052; Dec. 10, Jersey; Ronald J. Gidwitz, Chicago, Illinois; 1991, Pub. L. 102–199, § 1(3), 105 Stat. 1628.) John S. Griswold, Greenwich, Connecticut; Claude H. Grizzard, Atlanta, Georgia; George V. AMENDMENTS Grune, Pleasantville, New York; Peter L. 1991—Pub. L. 102–199 substituted ‘‘youth’’ for ‘‘boys’’. Haynes, New York, New York; James S. Kemper, Northbrook, Illinois; Plato Malozemoff, New § 694. Powers of corporation York, New York; Edmund O. Martin, Oklahoma The corporation shall have power— City, Oklahoma; Donald E. McNicol, Esq., New (1) to have succession by its corporate name; York, New York; Carolyn P. Millbank, Green- (2) to sue and be sued, complain and defend wich, Connecticut; Jeremiah Milbank, New in any court of competent jurisdiction; York, New York; C. W. Murchison III, Dallas, (3) to adopt, use, and alter a corporate seal; Texas; W. Clement Stone, Lake Forest, Illinois, (4) to choose such officers, managers, agents, and their successors, are created and declared to and employees as the business of the corpora- be a body corporate of the District of Columbia, tion may require; where its legal domicile shall be, by the name of (5) to adopt, amend, and alter a constitution the Boys & Girls Clubs of America (hereinafter and bylaws, not inconsistent with the laws of referred to as the corporation) and by such name the United States or any State in which the shall be known and have perpetual succession corporation is to operate, for the management and the powers, limitations, and restrictions of its property and the regulation of its af- herein contained. fairs; (Aug. 6, 1956, ch. 976, § 1, 70 Stat. 1052; Dec. 10, (6) to contract and be contracted with; 1991, Pub. L. 102–199, § 1(2), 105 Stat. 1628.) (7) to take by lease, gift, purchase, grant, de- vise, or bequest from any private corporation, AMENDMENTS association, partnership, firm or individual 1991—Pub. L. 102–199, § 1(2)(A), substituted ‘‘succes- and to hold any property, real, personal, or sors; and Gerald W. Blakeley, Jr., Boston, Massachu- mixed, necessary or convenient for attaining setts; Roscoe C. Brown, Jr., Bronx, New York; Cees Bruynes, Stamford, Connecticut; Honorable Arnold I. the objects and carrying into effect the pur- Burns, New York, New York; John L. Burns, Green- poses of the corporation, subject, however, to wich, Connecticut; Hays Clark, Hobe Sound, Florida; applicable provisions of law of any State (A) Mrs. Albert L. Cole, Hobe Sound, Florida; Honorable governing the amount or kind of property Michael Curb, Burbank, California; Robert W. Fowler, which may be held by, or (B) otherwise limit- Atlantic Beach, Florida; Thomas G. Garth, New York, ing or controlling the ownership of property New York; Moore Gates, Jr., Princeton, New Jersey; by, a corporation operating in such State; Ronald J. Gidwitz, Chicago, Illinois; John S. Griswold, (8) to transfer, convey, lease, sublease, en- Greenwich, Connecticut; Claude H. Grizzard, Atlanta, Georgia; George V. Grune, Pleasantville, New York; cumber and otherwise alienate real, personal Peter L. Haynes, New York, New York; James S. Kemp- or mixed property; and er, Northbrook, Illinois; Plato Malozemoff, New York, (9) to borrow money for the purposes of the New York; Edmund O. Martin, Oklahoma City, Okla- corporation, issue bonds therefor, and secure homa; Donald E. McNicol, Esq., New York, New York; the same by mortgage, deed of trust, pledge, Carolyn P. Millbank, Greenwich, Connecticut; Jere- or otherwise, subject in every case to all appli- miah Milbank, New York, New York; C. W. Murchison cable provisions of Federal and State laws. III, Dallas, Texas; W. Clement Stone, Lake Forest, Illi- nois, and their successors,’’ for ‘‘successors,’’. (Aug. 6, 1956, ch. 976, § 4, 70 Stat. 1052.) Page 121 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 697

§ 695. Principal office; territorial scope of activi- New York; E. E. Fogelson, Dallas, Texas; Philip ties; agent for service of process G. Geiger, Pawtucket, Rhode Island; M. Preston Goodfellow, Washington, District of Columbia; (a) The principal office of the corporation J. Peter Grace, Junior, New York, New York; shall be located in New York City, New York, or John S. Griswold, New York, New York; Powell in such other place as may be later determined C. Groner, Kansas City, Missouri; Edgar A. by the board of directors, but the activities of Guest, Detroit, Michigan; the corporation shall not be confined to that William Edwin Hall, New York, New York; place, but may be conducted throughout the Robert B. Heppenstall, Pittsburgh, Pennsyl- various States, Territories, and possessions of vania; William Edwin Hill, New York, New the United States. York; Allan Hoover, New York, New York; Her- (b) The corporation shall have in the District bert Hoover, New York, New York; J. Edgar of Columbia at all times a designated agent au- Hoover, Washington, District of Columbia; Ar- thorized to accept service of process for the cor- thur Huck, New York, New York; Austin S. poration; and notice to or service upon such Iglehart, New York, New York; Ernest Ingold, agent, or mailed to the business address of such San Francisco, California; Edward Ingraham, agent, shall be deemed notice to or service upon Bristol, Connecticut; Gordon Jeffery, Toledo, the corporation. Ohio; Frank R. Jelleff, Washington, District of (Aug. 6, 1956, ch. 976, § 5, 70 Stat. 1053.) Columbia; Grant Keehn, New York, New York; James S. Kemper, Chicago, Illinois; Major Wil- § 696. Membership; voting rights; benefits of liam G. Kiefer, Louisville, Kentucky; Philip Le member organizations Boutillier, New York, New York; Philip Le (a) Eligibility for membership in the corpora- Boutillier, Junior, Toledo, Ohio; James A. tion and the rights, privileges, and designation Linen, New York, New York; John D. Lockton, of classes of members shall, except as provided New York, New York; Fred Loock, Milwaukee, in this chapter, be determined as the constitu- Wisconsin; David I. McCahill, Pittsburgh, Penn- tion and bylaws of the corporation may provide. sylvania; Charles P. McCormick, Baltimore, Each member of the corporation shall have the Maryland; Everett McCullough, Wichita Falls, right to one vote on each matter submitted to a Texas; Ira McGuire, Muncie, Indiana; Charles R. vote at all meetings of the members of the cor- Messier, Newark, New Jersey; Jeremiah poration. Milbank, New York, New York; Theodore G. (b) Each organization which is a member of Montague, New York, New York; W. R. Nichol- the corporation as provided in the constitution son, Junior, Philadelphia, Pennsylvania; Nich- thereof shall be entitled to all the benefits of in- olas H. Noyes, Indianapolis, Indiana; Harry L. corporation under this chapter, but such bene- Olden, Cincinnati, Ohio; Frank Pace, Junior, fits shall cease immediately either upon its res- New York, New York; August K. Paeschke, Mil- ignation from the corporation, or in the event waukee, Wisconsin; H. Bruce Palmer, Newark, that its membership in the corporation is can- New Jersey; Richard S. Perkins, New York, New celed or otherwise terminated by the board of York; Samuel F. Pryor, New York, New York; directors, as provided in the constitution of the Stanley Resor, New York, New York; Captain E. corporation. V. Rickenbacker, New York, New York; Victor (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 § 698 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 122 may be prescribed in the constitution and by- (Aug. 6, 1956, ch. 976, § 12, 70 Stat. 1055.) laws of the corporation. § 703. Books and records; inspection (c) Duties The board of directors shall be the managing The corporation shall keep correct and com- body of the corporation and shall have such pow- plete books and records of account and shall ers, duties, and responsibilities as may be pre- keep minutes of the proceedings of its members, scribed in the constitution and bylaws of the board of directors, and committees having any corporation. authority under the board of directors; and it shall also keep at its principal office a record of (Aug. 6, 1956, ch. 976, § 7, 70 Stat. 1053.) the names and addresses of its members entitled to vote. All books and records of the corporation § 698. 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 chairman of the board of directors, a president, purpose, at any reasonable time. one or more vice presidents (as may be pre- (Aug. 6, 1956, ch. 976, § 13, 70 Stat. 1055.) scribed in the constitution and bylaws of the corporation), a secretary, and a treasurer, and § 704. Repealed. Pub. L. 88–504, § 4(26), Aug. 30, one or more assistant secretaries and assistant 1964, 78 Stat. 637 treasurers as may be provided in the constitu- Section, act Aug. 6, 1956, ch. 976, § 14, 70 Stat. 1055, re- tion and bylaws. lated 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 constitution and bylaws of the corporation. § 705. Use of assets on dissolution or liquidation (Aug. 6, 1956, ch. 976, § 8, 70 Stat. 1055.) Upon dissolution or final liquidation of the corporation, after discharge or satisfaction of § 699. Distribution of income or assets to mem- all outstanding obligations and liabilities, the bers; loans remaining assets, if any, of the corporation shall (a) No part of the income or assets of the cor- be distributed in accordance with the deter- poration shall inure to any of its members, di- mination of the board of directors of the cor- rectors, or officers as such, or be distributable poration and in compliance with the constitu- to any of them during the life of the corporation tion and bylaws of the corporation and all Fed- or upon its dissolution or final liquidation. eral and State laws applicable thereto. Nothing in this subsection, however, shall be (Aug. 6, 1956, ch. 976, § 15, 70 Stat. 1056.) construed to prevent the payment of compensa- tion to officers of the corporation in amounts § 706. Acquisition of assets and liabilities of exist- approved by the board of directors of the cor- ing corporation poration. The corporation may acquire the assets of the (b) The corporation shall not make loans to its Boys’ Clubs of America, a corporation organized officers, directors, or employees. Any director under the laws of the Commonwealth of Massa- who votes for or assents to the making of a loan chusetts, upon discharging or satisfactorily pro- or advance to an officer, director, or employee of viding for the payment and discharge of all of the corporation, and any officer who partici- the liability of such corporation and upon com- pates in the making of such a loan or advance, plying with all laws of the Commonwealth of shall be jointly and severally liable to the cor- Massachusetts applicable thereto. poration for the amount of such loan until the 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 This section is referred to in section 697 of this title. § 700. Nonpolitical nature of corporation § 707. Reservation of right to amend or repeal The corporation, and its officers and directors chapter as such, shall not contribute to or otherwise 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 CEREMONIES The corporation shall be liable for the acts of its officers and agents when acting within the Sec. scope of their authority. 721. Short title; definitions. 722. Regulations; licenses; fees; registration tags. (Aug. 6, 1956, ch. 976, § 11, 70 Stat. 1055.) 723. Authorization of appropriations. 724. Permits for use of reservations or grounds; § 702. Prohibition against issuance of stock or restoration to previous condition; liability. payment of dividends 725. Installation and removal of electrical facili- ties; enforcement; public protection; res- The corporation shall have no power to issue toration to previous condition; liability. any shares of stock or to declare or pay any 726. Repealed. dividends. 727. Communication facilities; removal. Page 123 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 722

Sec. § 722. Regulations; licenses; fees; registration 728. Duration of regulations and licenses; publica- tags tion of regulations; violations and pen- alties. (a) For each inaugural period the Council of 729. Application to other properties; Congres- the District of Columbia is authorized and di- sional joint committee request or approval. rected to make all reasonable regulations nec- 730. ‘‘Commissioners’’ defined. essary to secure the preservation of public order and protection of life, health, and property; to CODIFICATION make special regulations respecting the stand- Presidential inaugural ceremonies provisions are also ing, movement, and operation of vehicles of set out in D.C. Code, § 1–1801 et seq. whatever character or kind during such period; and to grant, under such conditions as it may § 721. Short title; definitions impose, special licenses to peddlers and vendors (a) This chapter may be cited as the ‘‘Presi- for the privilege of selling goods, wares, and dential Inaugural Ceremonies Act’’. merchandise in such places in the District of Co- (b) For the purposes of this chapter— lumbia, and to charge such fees for such privi- (1) The term ‘‘inaugural period’’ means the lege, as it may deem proper. period which includes the day on which the (b) The Mayor of the District of Columbia is ceremony of inaugurating the President is authorized to issue, for both duly registered held, the five calendar days immediately pre- motor vehicles and unregistered motor vehicles ceding such day, and the four calendar days made available for the use of the Inaugural immediately subsequent to such day; Committee, special registration tags, valid for a (2) The term ‘‘Inaugural Committee’’ means period not exceeding ninety days, designed to the committee in charge of the Presidential celebrate the occasion of the inauguration of the inaugural ceremony and functions and activi- President and Vice President. ties connected therewith, to be appointed by (Aug. 6, 1956, ch. 974, § 2, 70 Stat. 1049; Jan. 30, the President-elect; 1968, Pub. L. 90–251, § 1, 82 Stat. 4; 1967 Reorg. (3) The term ‘‘Mayor’’ means the Mayor of Plan No. 3, § 402(33), eff. Nov. 3, 1967, 32 F.R. the District of Columbia or the Mayor’s des- 11669, 81 Stat. 953; Dec. 24, 1973, Pub. L. 93–198, ignated agent or agents; title IV, §§ 401, 421, 87 Stat. 785, 789.) (4) The term ‘‘Secretary of Defense’’ means the Secretary of Defense or his designated CODIFICATION agent or agents; and Section is also set out in D.C. Code, § 1–1802. (5) The term ‘‘Secretary of the Interior’’ means the Secretary of the Interior or his des- AMENDMENTS ignated agent or agents. 1968—Pub. L. 90–251 designated existing provisions as (Aug. 6, 1956, ch. 974, § 1, 70 Stat. 1049; 1967 Reorg. subsec. (a), substituted ‘‘District of Columbia Council Plan No. 3, § 401, eff. Aug. 11, 1967, 32 F.R. 11669, is authorized’’ for ‘‘Commissioners are authorized’’ and 81 Stat. 951; Dec. 24, 1973, Pub. L. 93–198, title IV, ‘‘it’’ for ‘‘they’’ in two places, and added subsec. (b). § 421, 87 Stat. 789.) TRANSFER OF FUNCTIONS CODIFICATION The District of Columbia Council was abolished as of Section is also set out in D.C. Code, § 1–1801. 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 District of Columbia Code, and replaced by the Council PARTIAL REPEAL of the District of Columbia as provided by Pub. L. Pub. L. 85–861, § 36A, Sept. 2, 1958, 72 Stat. 1570, re- 93–198, title IV, § 401, Dec. 24, 1973, 87 Stat. 785, classified pealed subsec. (b)(1) of this section insofar as it was ap- to section 1–221 of the District of Columbia Code. plicable to section 726 of this title. See section 2543 of The office of Commissioner of the District of Colum- Title 10, Armed Forces. bia, as established by Reorg. Plan No. 3 of 1967, eff. Aug. 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, sub- ject 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. § 723 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 124

§ 723. Authorization of appropriations ized to grant to the Inaugural Committee per- mits for the use of such reservations or grounds There are authorized to be appropriated such during the inaugural period, including a reason- sums as may be necessary, payable in like man- able time prior and subsequent thereto; and the ner as other appropriations for the expenses of Mayor is authorized to grant like permits for the District of Columbia, to enable the Mayor to the use of public space under the Mayor’s juris- provide additional municipal services in said diction. Each such permit shall be subject to District during the inaugural period, including such restrictions, terms, and conditions as may employment of personal services without regard be imposed by the grantor of such permit. With to the civil-service and classification laws; trav- respect to public space, no reviewing stand or el expenses of enforcement personnel, including any stand or structure for the sale of goods, sanitarians, from other jurisdictions; hire of wares, merchandise, food, or drink shall be built means of transportation; meals for policemen, on any sidewalk, street, park, reservation, or firemen, and other municipal employees, cost of other public grounds in the District of Colum- removing and relocating streetcar loading plat- bia, except with the approval of the Inaugural forms, construction, rent, maintenance, and ex- Committee, and with the approval of the Sec- penses incident to the operation of temporary retary of the Interior or the Mayor, as the case public comfort stations, first-aid stations, and may be, depending on the location of such stand information booths; and other incidental ex- or structure. The reservation, ground, or public penses in the discretion of the Mayor; and such space occupied by any such stand or structure sums as may be necessary, payable in like man- shall, after the inaugural period, be promptly re- ner as other appropriations for the expenses of stored to its previous condition. The Inaugural the Department of the Interior, to enable the Committee shall indemnify and save harmless Secretary of the Interior to provide meals for the District of Columbia and the appropriate the members of the United States Park Police agency or agencies of the Federal Government during the inaugural period. against any loss or damage to such property and (Aug. 6, 1956, ch. 974, § 3, 70 Stat. 1049; 1967 Reorg. against any liability arising from the use of Plan No. 3, § 401, eff. Aug. 11, 1967, 32 F.R. 11669, such property, either by the Inaugural Commit- 81 Stat. 951; Jan. 30, 1968, Pub. L. 90–251, § 2, 82 tee or a licensee of the Inaugural Committee. Stat. 4; Dec. 24, 1973, Pub. L. 93–198, title IV, (Aug. 6, 1956, ch. 974, § 4, 70 Stat. 1049; 1967 Reorg. § 421, 87 Stat. 789.) Plan. No. 3, § 401, eff. Aug. 11, 1967, 32 F.R. 11669, REFERENCES IN TEXT 81 Stat. 951; Dec. 24, 1973, Pub. L. 93–198, title IV, The civil-service laws, referred to in text, are set § 421, 87 Stat. 789.) forth in Title 5, Government Organization and Employ- CODIFICATION ees. See particularly section 3301 et seq. of Title 5. The classification laws, referred to in text, are classi- Section is also set out in D.C. Code, § 1–1804. fied generally to chapter 51 (§ 5101 et seq.) and to sub- TRANSFER OF FUNCTIONS chapter III (§ 5331 et seq.) of chapter 53 of Title 5. Except as otherwise provided in Reorg. Plan No. 3 of CODIFICATION 1967, eff. Aug. 11, 1967 (in part), 32 F.R. 11669, 81 Stat. Section is also set out in D.C. Code, § 1–1803. 948, all functions of the Board of Commissioners of the District of Columbia were transferred to the Commis- AMENDMENTS sioner of the District of Columbia by section 401 of 1968—Pub. L. 90–251 authorized appropriations for Reorg. Plan No. 3 of 1967. References to ‘‘Commis- travel expenses of sanitarians, meals of municipal em- sioners’’ in this chapter are deemed to refer to the 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- illumination or other purposes. If it should be ingly, ‘‘Mayor’’ was substituted for ‘‘Commissioners’’. necessary to place wires for illuminating or other purposes over any park or reservation in § 724. Permits for use of reservations or grounds; the District of Columbia, such placing of wires restoration to previous condition; liability 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 jurisdic- tion. 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- Page 125 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 729 cials as may have jurisdiction in the premises, 948, all functions of the Board of Commissioners of the shall enforce the provisions of this chapter, take District of Columbia were transferred to the Commis- needful precautions for the protection of the sioner of the District of Columbia by section 401 of public, and insure that the pavement of any Reorg. Plan No. 3 of 1967. References to ‘‘Commis- sioners’’ in this chapter are deemed to refer to the street, sidewalk, avenue, or alley which is dis- Commissioner of the District of Columbia pursuant to turbed or damaged is restored to its previous section 730 of this title. The office of Commissioner of condition. No expense or damage from the in- the District of Columbia, as established by Reorg. Plan stallation, operation, or removal of said tem- No. 3 of 1967, was abolished as of noon Jan. 2, 1975, by porary overhead conductors or said illumination Pub. L. 93–198, title VII, § 711, Dec. 24, 1973, 87 Stat. 818, or other electrical facilities shall be incurred by and replaced by the office of Mayor of the District of the United States or the District of Columbia, Columbia by section 421 of Pub. L. 93–198, classified to and the Inaugural Committee shall indemnify section 1–241 of the District of Columbia Code. Accord- ingly, ‘‘Mayor’’ was substituted for ‘‘Commissioners’’. and save harmless the District of Columbia and the appropriate agency or agencies of the Fed- § 728. Duration of regulations and licenses; publi- eral Government against any loss or damage and cation of regulations; violations and pen- against any liability whatsoever arising from alties any act of the Inaugural Committee or any agent, licensee, servant, or employee of the In- The regulations and licenses authorized by augural Committee. this chapter shall be in full force and effect only during the inaugural period. Such regulations (Aug. 6, 1956, ch. 974, § 5, 70 Stat. 1050; 1967 Reorg. shall be published in one or more of the daily Plan No. 3, § 401, eff. Aug. 11, 1967, 32 F.R. 11669, newspapers published in the District of Colum- 81 Stat. 951; Dec. 24, 1973, Pub. L. 93–198, title IV, bia and no penalty prescribed for the violation § 421, 87 Stat. 789.) of any such regulation shall be enforced until CODIFICATION five days after such publication. Any person vio- lating any regulation promulgated by the Coun- Section is also set out in D.C. Code, § 1–1805. cil of the District of Columbia under the author- TRANSFER OF FUNCTIONS ity of this chapter shall be fined not more than Except as otherwise provided in Reorg. Plan No. 3 of $100 or imprisoned for not more than thirty 1967, eff. Aug. 11, 1967 (in part), 32 F.R. 11669, 81 Stat. days. Each and every day a violation of any such 948, all functions of the Board of Commissioners of the regulation exists shall constitute a separate of- District of Columbia were transferred to the Commis- fense, and the penalty prescribed shall be appli- sioner of the District of Columbia by section 401 of cable to each such separate offense. Reorg. Plan No. 3 of 1967. References to ‘‘Commis- sioners’’ in this chapter are deemed to refer to the (Aug. 6, 1956, ch. 974, § 8, 70 Stat. 1051; Jan. 30, Commissioner of the District of Columbia pursuant to 1968, Pub. L. 90–251, § 3, 82 Stat. 4; Dec. 24, 1973, section 730 of this title. The office of Commissioner of Pub. L. 93–198, title IV, § 401, 87 Stat. 785.) the District of Columbia, as established by Reorg. Plan No. 3 of 1967, was abolished as of noon Jan. 2, 1975, by CODIFICATION Pub. L. 93–198, title VII, § 711, Dec. 24, 1973, 87 Stat. 818, Section is also set out in D.C. Code, § 1–1807. and replaced by the office of Mayor of the District of Columbia by section 421 of Pub. L. 93–198, classified to AMENDMENTS section 1–241 of the District of Columbia Code. Accord- 1968—Pub. L. 90–251 substituted ‘‘District of Columbia ingly, references to Mayor were substituted for Com- Council’’ for ‘‘Commissioners’’. missioners. TRANSFER OF FUNCTIONS § 726. Repealed. Pub. L. 85–861, § 36A, Sept. 2, The District of Columbia Council was abolished as of 1958, 72 Stat. 1570 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. 93–198, title IV, § 401, Dec. 24, 1973, 87 Stat. 785, classified § 727. Communication facilities; removal to section 1–221 of the District of Columbia Code. The Mayor, the Secretary of the Interior, and § 729. Application to other properties; Congres- the Inaugural Committee are authorized to per- sional joint committee request or approval mit telegraph, telephone, radio-broadcasting, Nothing contained in this chapter shall be ap- and television companies to extend overhead plicable to the United States Capitol Buildings wires to such points along the line of any parade or Grounds or other properties under the juris- as shall be deemed convenient for use in connec- diction of the Congress or any committee, com- tion with such parade and other inaugural pur- mission or officer thereof: Provided, however, poses. Such wires shall be removed within ten That any of the services or facilities authorized days after the conclusion of the inaugural pe- by or under this chapter shall be made available riod. with respect to any such properties upon request (Aug. 6, 1956, ch. 974, § 7, 70 Stat. 1050; 1967 Reorg. or approval of the joint committee of the Senate Plan No. 3, § 401, eff. Aug. 11, 1967, 32 F.R. 11669, and House of Representatives appointed by the 81 Stat. 951; Dec. 24, 1973, Pub. L. 93–198, title IV, President of the Senate and the Speaker of the § 421, 87 Stat. 789.) House of Representatives to make the necessary CODIFICATION arrangements for the Inauguration of the Presi- dent-elect and the Vice President-elect. Section is also set out in D.C. Code, § 1–1806. (Aug. 6, 1956, ch. 974, § 9, 70 Stat. 1051.) TRANSFER OF FUNCTIONS Except as otherwise provided in Reorg. Plan No. 3 of CODIFICATION 1967, eff. Aug. 11, 1967 (in part), 32 F.R. 11669, 81 Stat. Section is also set out in D.C. Code, § 1–1809. § 730 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 126

SECTION REFERRED TO IN OTHER SECTIONS EFFECTIVE DATE OF REPEAL This section is referred to in title 10 section 2543. Repeal effective on first day of first month which be- gins later than ninetieth day following Aug. 19, 1964, § 730. ‘‘Commissioners’’ defined see section 403 of Pub. L. 88–448.

Wherever the term ‘‘Commissioners’’ is used § 749. Omitted in this chapter, such term shall be deemed to refer to the Commissioner of the District of Co- CODIFICATION lumbia. Section, Pub. L. 85–305, § 9, Sept. 7, 1957, 71 Stat. 628; (Aug. 6, 1956, ch. 974, § 10, as added Jan. 30, 1968, Pub. L. 85–918, Sept. 2, 1958, 72 Stat. 1769, authorized ap- Pub. L. 90–251, § 4, 82 Stat. 4.) propriations of not to exceed $100,000 in any one fiscal year. See note for former section 746 of this title. CODIFICATION CHAPTER 32—VETERANS OF WORLD WAR I Section is also set out in D.C. Code, § 1–1809. OF THE UNITED STATES OF AMERICA TRANSFER OF FUNCTIONS Sec. Except as otherwise provided in Reorg. Plan No. 3 of 761. Corporation created. 1967, eff. Aug. 11, 1967 (in part), 32 F.R. 11669, 81 Stat. 762. Completion of organization. 948, all functions of the Board of Commissioners of the 763. Objects and purposes of corporation. District of Columbia were transferred to the Commis- 764. Powers of corporation. sioner of the District of Columbia by section 401 of 765. Eligibility for membership. Reorg. Plan No. 3 of 1967. The office of Commissioner of 766. Governing authority; composition; form; the District of Columbia, as established by Reorg. Plan meeting places. No. 3 of 1967, was abolished as of noon Jan. 2, 1975, by 767. Board of administration. Pub. L. 93–198, title VII, § 711, Dec. 24, 1973, 87 Stat. 818, (a) Governing period. and replaced by the office of Mayor of the District of (b) Initial board. Columbia by section 421 of Pub. L. 93–198, classified to (c) Election. section 1–241 of the District of Columbia Code. 768. Officers. 769. Principal office; territorial scope of activi- CHAPTER 31—CIVIL WAR CENTENNIAL ties; agent for service of process. COMMISSION 770. Distribution of income or assets to members; loans. §§ 741 to 747. Omitted 771. Nonpolitical nature of corporation. 772. Liability for acts of officers and agents. CODIFICATION 773. Prohibition against issuance of stock or pay- Sections 741 to 747 related to the Civil War Centen- ment of dividends. nial Commission, which terminated pursuant to former 774. Books and records; inspection. section 746 of this title. 775. Repealed. Section 741, Pub. L. 85–305, § 1, Sept. 7, 1957, 71 Stat. 776. Annual report. 626, provided for establishment and membership of Civil 777. Exclusive right to name, emblems, seals, and War Centennial Commission. badges. Section 742, Pub. L. 85–305, § 2, Sept. 7, 1957, 71 Stat. 778. Acquisition of assets and liabilities of exist- 626, authorized Commission to prepare an overall pro- ing corporation. gram including specific plans commemorating the one 779. Dissolution or liquidation; disposition of hundredth anniversary of Civil War. property. Section 743, Pub. L. 85–305, § 3, Sept. 7, 1957, 71 Stat. 780. Reservation of right to amend or repeal chap- 627, authorized Commission to preserve and develop the ter. historic battlefield sites of Civil War to insure a fitting observance as their centennial occurs. § 761. Corporation created Section 744, Pub. L. 85–305, § 4, Sept. 7, 1957, 71 Stat. 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. in section 765 of this title: Harlan W. Barnes, Section 745, Pub. L. 85–305, § 5, Sept. 7, 1957, 71 Stat. Portland, Oregon; Lewis Brake, Mount Vernon, 627, authorized Commission to accept donations of Illinois; Fred J. Hollenbeck, Cape Vincent, New money, property or personal services and to contract York; Reginald H. Murphy, Junior, Washington, for materials and supplies, and designated National District of Columbia; Stanton L. Smiley, Gary, Park Service as agency to provide all general adminis- 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- vania; Charles L. Gore, Baltimore, Maryland; gress not later than Mar. 1, 1958, on preliminary plans Arch MacIntyre, Tampa, Florida; of Commission, annual reports thereafter, and a final G. Edwin Slater, Detroit, Michigan; John E. report submitted no later than May 1, 1966 (upon which Erickson, Minneapolis, Minnesota; Al. H. date the Commission terminated), and disposal of prop- Ohlsen, San Francisco, California; Arthur G. erty and funds of Commission upon its termination. 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, Watertown, New York; John C. Van Etten, § 748. Repealed. Pub. L. 88–448, title IV, Olympia, Washington; Emanuel Levy, Fort § 402(a)(33), Aug. 19, 1964, 78 Stat. 495 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, Page 127 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 764

Salisbury, North Carolina; Reverend George G. this chapter, and the doing of such other acts as Shurtz, Newcomerstown, Ohio; may be necessary for such purpose. David G. Bollinger, Lakewood, Ohio; Catherine (Pub. L. 85–530, § 2, July 18, 1958, 72 Stat. 371.) Sawyer, Napa County, California; Joseph Bergrath, Madison, Illinois; Arthur Means, § 763. Objects and purposes of corporation Mena, Arkansas; James Butler, Long Beach, California; Joseph P. Crider, Westerly, Rhode Is- The purposes of the corporation shall be patri- land; Frank Heise, Washington, District of Co- otic, fraternal, historical, and educational, in lumbia; Joseph W. Padderatz, New Smyrna the service and for the benefit of veterans of Beach, Florida; George Burdick, Twin Falls, World War I and are as follows: Idaho; Dean V. Thompson, Boise, Idaho; M. H. (1) To provide for the veterans of World War Bond, Centralia, Illinois; Denton Opp, Aurora, I an organization for their mutual benefit, Indiana; Paul Hadley, Rehoboth Beach, Dela- pleasure, and amusement, which will afford ware; George M. Leary, Quincy, Massachusetts; them the opportunities and means for personal Charles Cooper, Clare, Michigan; Jack Green- contact with each other in order to keep alive wood, Minneapolis, Minnesota; Howard E. friendships and memories of World War I and White, Kansas City, Missouri; C. P. Biffle, to venerate the memory of their honored dead; Polson, Montana; (2) To cooperate to the fullest extent and in John Twardus, Stratham, New Hampshire; a harmonious manner with all veterans’ orga- Gustave G. W. Laegeler, Newark, New Jersey; nizations to the end that the best interests of George F. Patton, Portales, New Mexico; Wil- all veterans of all wars in which the United liam F. Schwab, Buffalo, New York; E. G. States of America has participated, and the Kittles, Charlotte, North Carolina; Victor E. widows and orphans of deceased veterans of Morgan, Bridgeport, Ohio; Ray Snider, La such wars, may be best served; Grande, Oregon; Leslie E. Barnhart, Uniontown, (3) To stimulate communities and political Pennsylvania; J. L. FitzGibbon, Columbia, subdivisions into taking more interest in vet- South Carolina; C. W. Nevins, Fort Worth, erans of World War I, the widows and orphans Texas; Howard Houck, San Pedro, California; of such deceased veterans, and the problems of Charles Wetter, Santa Ana, California; A. Thom- such veterans and their widows and orphans; as Wheaton, Dearborn, Michigan; T. D. Ladd, (4) To collate, preserve, and encourage the Amarillo, Texas; Cornelius B. Prins, Fort study of historical episodes, chronicles, me- Pierce, Florida; mentos, and events pertaining to World War I; Charles Ulmer, Wellington, Kansas; Louis (5) To fight vigorously to uphold the Con- Alterici, Charleroi, Pennsylvania; Robert stitution and laws of the United States, as Brown, Minneapolis, Minnesota; Joseph J. well as the individual States of the Union and Strobel, Molalla, Oregon; James R. McClain, to foster the spirit and practice of true Ameri- Springfield, Illinois; Henry H. Hitchings, John- canism; son City, New York; Albert J. Graf, Lake View, (6) To fight unceasingly for our national se- New York; William E. Kilgore, Ludlow, Ken- curity in order to protect Americans from en- tucky; Leo Thornton, Hammond, Indiana; Dan- emies within our borders, as well as those iel A. Chester, Spencer, North Carolina; Frank from without, to the end that our American B. Pace, Oklahoma City, Oklahoma; O. B. way of life be preserved; Pritchett, Jefferson City, Missouri; Dayton H. (7) To fight to the utmost all those alien Montgomery, Hot Springs, Arkansas; Melvin D. forces, particularly forces such as com- Eddy, Belmont, Massachusetts; James L. munism, whose objectives are to deny our very Culbert, Haverhill, Massachusetts; existence as a free people; and Joseph Perrone, New London, Connecticut; (8) To do any and all acts and things nec- George H. Hoak, Houton Lake Heights, Michi- essary and proper to carry out the objects and gan; and William A. McVeigh, Victorville, Cali- purposes of the corporation. fornia, and their associates and successors, are (Pub. L. 85–530, § 3, July 18, 1958, 72 Stat. 371.) created and declared to be a body corporate of the District of Columbia, where its legal domi- § 764. Powers of corporation cile shall be, the name of which shall be Veter- ans of World War I of the United States of Amer- The corporation shall have power— ica, Incorporated (hereinafter referred to as the (1) to have succession by its corporate name; ‘‘corporation’’), and by such name the said cor- (2) to sue and be sued, complain and defend poration shall be known and have perpetual suc- in any court of competent jurisdiction; cession, the powers, limitations, and restric- (3) to adopt, use, alter a corporate seal; tions herein contained. (4) to choose such officers, managers, agents, 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, § 765 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 128

partnership, firm, or individual and to hold ab- the governing board of the corporation and shall solutely or in trust for any of the purposes of be responsible for the general policies, pro- the corporation any property, real, personal, grams, and activities of the corporation. or mixed, necessary or convenient for attain- (b) Initial board ing the objects and carrying into effect the purposes of the corporation, subject, however, Upon the enactment of this chapter the mem- to applicable provisions of law of any State bership of the initial board of administration of (A) governing the amount or kind of property the corporation shall consist of such of the fol- which may be held by, or (B) otherwise limit- lowing present members of the board of adminis- ing or controlling the ownership of property tration of the Veterans of World War I of the by, a corporation operating in such State; United States of America, Incorporated (the cor- (8) to transfer, convey, lease, sublease, en- poration described in section 778 of this title) as cumber, and otherwise alienate real, personal, qualify for membership under section 765 of this or mixed property; title and who are qualified members of said (9) to borrow money for the purposes of the board of administration, to wit: Harlan W. corporation, issue bonds therefor, and secure Barnes, Lewis Brake, Fred J. Hollenbeck, Regi- the same by mortgage, deed of trust, pledge, nald H. Murphy, Junior, Stanton L. Smiley, or otherwise, subject in every case to all appli- Catherine Sawyer, Emerson R. J. Follett, M. cable provisions of Federal and State laws; George Deutsch, Patrick F. O’Connor, Charles L. and Gore, Arch MacIntyre, G. Edwin Slater, John E. (10) to do any and all acts and things nec- Erickson, A. H. Ohlsen, and Arthur G. Estes. essary and proper to carry out the objects and (c) Election purposes of the corporation. Thereafter, the board of administration of the (Pub. L. 85–530, § 4, July 18, 1958, 72 Stat. 371.) corporation shall consist of not less than seven § 765. Membership members elected in the manner and for the term prescribed in the constitution and bylaws of the Eligibility for membership in the corporation corporation. and the rights, privileges, and designation of classes of members shall be determined as the (Pub. L. 85–530, § 7, July 18, 1958, 72 Stat. 372.) constitution and bylaws of the corporation may REFERENCES IN TEXT provide but in no case shall eligibility for all classes of membership include persons who did Enactment of this chapter, referred to in subsec. (b), not serve honorably in the armed forces of the means enactment of Pub. L. 85–530, which was enacted United States during the period beginning April July 18, 1958. 6, 1917 and ending November 11, 1918. § 768. Officers (Pub. L. 85–530, § 5, July 18, 1958, 72 Stat. 372.) The officers of the corporation shall be a na- SECTION REFERRED TO IN OTHER SECTIONS tional commander, a national senior vice com- This section is referred to in sections 761, 767 of this mander, a national junior vice commander, a na- title. tional quartermaster, a national adjutant (which latter two offices may be held by one per- § 766. Governing authority; composition; form; son), a national judge advocate, nine regional meeting places 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 represent- atives 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 § 769. Principal office; territorial scope of activi- of the corporation shall always be representa- ties; agent for service of process tive of the membership at large and shall not 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 the corporation. During the intervals between the national convention, the board of administration shall be (Pub. L. 85–530, § 9, July 18, 1958, 72 Stat. 373.) Page 129 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 779

§ 770. Distribution of income or assets to mem- (Pub. L. 85–530, § 16, July 18, 1958, 72 Stat. 374; bers; loans Pub. L. 88–105, § 2, Aug. 27, 1963, 77 Stat. 130.)

(a) No part of the income or assets of the cor- AMENDMENTS poration shall inure to any of its members or of- 1963—Pub. L. 88–105 struck out provisions which pro- ficers as such, or be distributed to any of them hibited the report from being printed as a public docu- during the life of the corporation or upon its dis- ment. solution or final liquidation. Nothing in this subsection, however, shall be construed to pre- CROSS REFERENCES vent the payment of compensation to officers of Printing of proceedings of national encampments as the corporation or reimbursement for actual House documents, see section 1332 of Title 44, Public necessary expenses in amounts approved by the Printing and Documents. board of administration of the corporation. (b) The corporation shall not make loans to its § 777. Exclusive right to name, emblems, seals, officers or employees. Any member of the board and badges of administration who votes for or assents to the The corporation and its subordinate divisions making of a loan or advance to an officer or em- shall have the sole and exclusive right to use the ployee of the corporation, and any officer who name ‘‘Veterans of World War I of the United participates in the making of such a loan or ad- States of America, Incorporated’’. The corpora- vance, shall be jointly and severally liable to tion shall have the exclusive and sole right to the corporation for the amount of such loan use, or to allow or refuse the use of, such em- until the repayment thereof. blems, seals, and badges as it may legally adopt, (Pub. L. 85–530, § 10, July 18, 1958, 72 Stat. 373.) and such emblems, seals, and badges as have heretofore been used by the Ohio corporation de- § 771. Nonpolitical nature of corporation scribed in section 778 of this title and the right The corporation and its officers and agents as to which may be lawfully transferred to the cor- such shall not contribute to or otherwise sup- poration. port or assist any political party or candidate (Pub. L. 85–530, § 17, July 18, 1958, 72 Stat. 374.) for public office. CROSS REFERENCES (Pub. L. 85–530, § 11, July 18, 1958, 72 Stat. 373.) Penalty for unauthorized manufacture, reproduction, § 772. Liability for acts of officers and agents or sale of badges or emblems of veterans’ organizations, see section 705 of Title 18, Crimes and Criminal Proce- The corporation shall be liable for the acts of dure. its officers and agents when acting within the scope of their authority. § 778. Acquisition of assets and liabilities of exist- (Pub. L. 85–530, § 12, July 18, 1958, 72 Stat. 374.) ing corporation § 773. Prohibition against issuance of stock or The corporation may acquire the assets of the payment of dividends Veterans of World War I of the United States of America, Incorporated, a corporation organized The corporation shall have no power to issue under the laws of the State of Ohio, upon dis- any shares of stock or to declare or pay any charging or satisfactorily providing for the pay- dividends. ment and discharge of all of the liability of such (Pub. L. 85–530, § 13, July 18, 1958, 72 Stat. 374.) corporation and upon complying with all laws of the State of Ohio applicable thereto. § 774. Books and records; inspection (Pub. L. 85–530, § 18, July 18, 1958, 72 Stat. 375.) The corporation shall keep correct and com- plete books and records of account and shall SECTION REFERRED TO IN OTHER SECTIONS keep minutes of the proceedings of its national This section is referred to in sections 767, 777 of this convention and board of administration. All title. books and records of the corporation may be in- spected by any member, or his agent or attor- § 779. Dissolution or liquidation; disposition of ney, for any proper purpose, at any reasonable property time. The national convention may, by resolution, (Pub. L. 85–530, § 14, July 18, 1958, 72 Stat. 374.) declare the event upon which the corporate ex- istence of the organization is to terminate and § 775. Repealed. Pub. L. 88–504, § 4(27), Aug. 30, provide for the disposition of any property re- 1964, 78 Stat. 637 maining to the corporation after the discharge Section, Pub. L. 85–530, § 15, July 18, 1958, 72 Stat. 374, or satisfaction of all outstanding obligations related to audit of financial transactions and report of and liabilities. A duly authenticated copy of such audit to Congress. See sections 1101 to 1103 of this such resolution shall be filed in the office of the title. United States District Court for the District of Columbia. Upon the happening of the event thus § 776. Annual report declared, and upon the filing of a petition in said On or before March 1 of each year the corpora- United States District Court reciting said facts, tion shall report to the Congress on its activi- said court shall take jurisdiction thereof, and ties during the preceding fiscal year. Such re- upon due proof being made the court shall enter port may consist of a report on the proceedings a decree which shall be effectual to vest title of the national convention covering such fiscal and ownership in accordance with the provisions year. of such resolution. § 780 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 130

(Pub. L. 85–530, § 19, July 18, 1958, 72 Stat. 375.) Everett P. Pope, Massachusetts; Russell E. Dunham, Missouri; Arthur J. Forrest, Missouri; § 780. Reservation of right to amend or repeal M. Waldo Hatler, Missouri; Carl L. Sitter, North chapter Carolina; Max Thompson, North Carolina; The right to alter, amend, or repeal this chap- Francis X. Burke, New Jersey; Thomas J. ter is expressly reserved. Hudner, New Jersey; Samuel M. Sampler, New Jersey; Charles Henry Willey, New Hampshire; (Pub. L. 85–530, § 20, July 18, 1958, 72 Stat. 375.) Frank L. Anders, North Dakota; Ernest CHAPTER 33—THE CONGRESSIONAL MEDAL Childers, Oklahoma; John R. Crews, Oklahoma; OF HONOR SOCIETY OF THE UNITED Jack C. Montgomery, Oklahoma; Robert D. STATES OF AMERICA Maxwell, Oregon; Gino J. Merli, Pennsylvania; Oscar Schmidt, Pennsylvania; Thomas Eadie, Sec. Rhode Island; Charles H. Coolidge, Tennessee; 791. Corporation created. Carlton W. Barrett, Virginia; Raymond G. Davis, 792. Completion of organization. Virginia; Paul F. Foster, Virginia; James R. 793. Objects and purposes of corporation. Hendrix, Virginia; John Mihalowski, Virginia; 794. Powers of corporation. 795. Principal office; territorial scope of activi- Louis H. Wilson, Virginia; Orville E. Bloch, ties; agent for service of process. Washington; Robert E. Bonney, Washington; 796. Membership. Einar H. Ingman, Wisconsin; Herschel W. Wil- (a) Eligibility. liams, West Virginia; and their successors are (b) Honorary memberships. created and declared to be a body corporate of (c) Voting rights. the District of Columbia, where its legal domi- 797. Board of directors. cile shall be by the name of the Congressional (a) Composition of initial board. Medal of Honor Society of the United States of (b) Composition of subsequent boards; tenure. America (hereafter referred to as the ‘‘corpora- (c) Powers; voting rights; meetings; tion’’) and by such name shall be known and chairman. have perpetual succession and the powers, limi- 798. Officers. tations, and restrictions herein contained. (a) Composition. (Pub. L. 85–642, § 1, Aug. 14, 1958, 72 Stat. 597.) (b) Powers. (c) Election; tenure; duties. SECTION REFERRED TO IN OTHER SECTIONS 799. Distribution of income or assets to members; This section is referred to in section 792 of this title. loans. 800. Nonpolitical nature of corporation. § 792. Completion of organization 801. Liability for acts of officers and agents. 802. Prohibition against issuance of stock or pay- A majority of the persons named in section 791 ment of dividends. of this title are authorized to complete the orga- 803. Books and records; inspection. nization of the corporation by the selection of 804. Repealed. officers and employees, the adoption, amend- 805. Use of assets on dissolution or liquidation. ment, and revision of a constitution and bylaws 806. Acquisition of assets and liabilities of exist- ing corporation. not inconsistent with the provisions of this 807. Reservation of right to amend or repeal chap- chapter and the doing of such other acts as may ter. 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. M. Izac, Washington, District of Columbia; Leon (5) To serve our country in peace as we did W. Johnson, Washington, District of Columbia; in war. Keith L. Ware, Washington, District of Colum- (6) To inspire and stimulate our youth to be- bia; John C. Latham, Connecticut; Homer L. come worthy citizens of our country. Wise, Connecticut; Charles P. Murray, Georgia; (7) To foster and perpetuate Americanism. Robert E. Gerstung, Illinois; Jake Allex (Pub. L. 85–642, § 3, Aug. 14, 1958, 72 Stat. 598.) Mandusich, Illinois; John L. Barkley, Kansas; Charles E. Kelly, Kentucky; John D. Bulkeley, § 794. Powers of corporation 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; Page 131 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 799

(2) to adopt, alter, and use a corporate seal; § 797. Board of directors (3) to choose officers, managers, and agents (a) Composition of initial board as the business of the corporation may re- quire; The governing body of the corporation is its (4) to charge and collect membership dues; board of directors which during the year 1958 (5) to adopt, amend, apply, and alter a con- will comprise the following: President, David M. stitution and bylaws not inconsistent with the Shoup; executive vice president, Joel T. Boone; laws of the United States of America or any secretary-treasurer, Samuel I. Parker; first re- State in which the corporation is to operate, gional vice president, Nicholas Oresko; second for the management of its property and the regional vice president, Luther Skaggs; third re- regulation of its affairs; gional vice president, Rufus G. Herring; fourth (6) to contract and be contracted with; regional vice president, Nathan Gordon; fifth re- (7) to take and hold by lease, gift, purchase, gional vice president, Joseph J. McCarthy; sixth grant, devise, bequest or otherwise any prop- regional vice president, Pierpont M. Hamilton; erty real, personal, or mixed, necessary or who currently hold such offices in the Congres- convenient for attaining the objects of the sional Medal of Honor Society of the United corporation, subject, however, to applicable States of America. provisions of law of any State, (a) governing (b) Composition of subsequent boards; tenure the amount or kind of real and personal prop- Thereafter the board of directors of the cor- erty which may be held by, or, (b) otherwise poration shall consist of such number (not less limiting or controlling the ownership of real than nine), shall be elected in such manner (in- and personal property by, a corporation oper- cluding the filling of vacancies) and shall serve ating in such State; their terms as may be prescribed in the bylaws (8) to transfer, lease, or convey real or per- of the corporation. sonal property; (c) Powers; voting rights; meetings; chairman (9) to borrow money for the purposes of the The board of directors may exercise, or pro- corporation and issue bonds or other evidences vide for the exercise of, the powers herein grant- of indebtedness therefor and secure the same ed to the corporation, and each member of the by mortgage or pledge subject to applicable board shall have one vote upon all matters de- Federal or State laws; and termined, except that if the offices of secretary (10) to do any and all acts necessary and and treasurer are combined and are held by one proper to carry out the purposes of the cor- person, he shall have only one vote as a member poration. of the board of directors. The board shall meet (Pub. L. 85–642, § 4, Aug. 14, 1958, 72 Stat. 598.) at least annually. The president of the corpora- tion shall act as chairman of the board. § 795. Principal office; territorial scope of activi- (Pub. L. 85–642, § 7, Aug. 14, 1958, 72 Stat. 599.) ties; agent for service of process (a) The principal office of the corporation § 798. Officers shall be located in Washington, District of Co- (a) Composition lumbia, or in such other place as may later be The officers of the corporation shall consist of determined by the board of directors but the ac- a president, executive vice president, secretary, tivities of the corporation shall not be confined treasurer, and six regional vice presidents as to that place and may be conducted throughout may be provided in the bylaws. The office of sec- the various Territories and possessions of the retary may be combined with the office of treas- United States. urer and the combined offices may be held by (b) The corporation shall have in the District one person. of Columbia at all times a designated agent au- (b) Powers thorized to accept service and process for the corporation; and notice to or service upon such The officers shall have such powers consistent agent or mailed to the business address of such with this charter, as may be determined by the agent shall be deemed as service to or notice on bylaws. the corporation. (c) Election; tenure; duties (Pub. L. 85–642, § 5, Aug. 14, 1958, 72 Stat. 598.) The officers of the corporation shall be elected in such manner and have such terms and with § 796. Membership such duties as may be prescribed in the bylaws 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 Honor is eligible for membership in the society. § 799. Distribution of income or assets to mem- 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 them during the life of the corporation or upon Each member of the corporation shall have its dissolution or final liquidation, nor shall any the right to one vote either in person or by member or private individual be liable for the proxy on each matter submitted to a vote at all obligations of the corporation. Nothing in this meetings of the members of the corporation. section, however, shall be construed to pre- (Pub. L. 85–642, § 6, Aug. 14, 1958, 72 Stat. 599.) vent— § 800 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 132

(1) the payment of bona fide expenses of offi- in compliance with the bylaws of the corpora- cers of the corporation in amounts approved tion and all Federal and State laws applicable by the board or 1 directors; or thereto. (2) the payment of appropriate aid to persons (Pub. L. 85–642, § 15, Aug. 14, 1958, 72 Stat. 600.) to whom the Medal of Honor has been award- ed, their widows or their children pursuant to § 806. Acquisition of assets and liabilities of exist- the objects of the corporation. ing corporation (b) The corporation shall not make loans to its The corporation may acquire the assets of the officers, directors, or employees. Any officer or Congressional Medal of Honor Society of the director who votes for or assents to the making United States, Incorporated, a body corporate of a loan to an officer, director, or employee of organized under the laws of the State of New the corporation and any officer who participates York, upon discharge or satisfactorily providing in the making of such loan shall be jointly and for the payment and discharge of all of the li- severally liable to the corporation for the abilities of such State corporation and upon amount of such loan until the payment thereof. complying with all the laws of the State of New (Pub. L. 85–642, § 9, Aug. 14, 1958, 72 Stat. 599.) York applicable thereto. (Pub. L. 85–642, § 16, Aug. 14, 1958, 72 Stat. 601.) § 800. Nonpolitical nature of corporation The corporation and its officers and directors § 807. Reservation of right to amend or repeal as such shall not contribute to or participate in, chapter directly or indirectly, local or national political The right to alter, amend, or repeal this chap- activity or in any manner attempt to influence ter is expressly reserved. legislation. (Pub. L. 85–642, § 17, Aug. 14, 1958, 72 Stat. 601.) (Pub. L. 85–642, § 10, Aug. 14, 1958, 72 Stat. 600.) CHAPTER 34—MILITARY ORDER OF THE § 801. Liability for acts of officers and agents PURPLE HEART OF THE UNITED STATES The corporation shall be liable for the acts of OF AMERICA its officers and agents when acting within the Sec. scope of their authority. 821. Corporation created. 822. Completion of organization. (Pub. L. 85–642, § 11, Aug. 14, 1958, 72 Stat. 600.) 823. Principles and objects of corporation. § 802. Prohibition against issuance of stock or 824. Powers of corporation. 825. Principal office; territorial scope of activi- payment of dividends ties; agent for service of process. The corporation shall have no power to issue 826. Membership. any shares of stock or declare or pay dividends. (a) Eligibility. (b) Extension of eligibility to parents and (Pub. L. 85–642, § 12, Aug. 14, 1958, 72 Stat. 600.) descendants. (c) Voting rights. § 803. Books and records; inspection (d) Exception. 827. Board of directors. The corporation shall keep correct and com- (a) Composition of initial board. plete books and records of account. It shall also (b) Composition of subsequent boards; keep minutes of the proceedings of its member- tenure. ship and of the board of directors or committees (c) Duties. having authority under the board of directors. It 828. Officers. shall also keep at its principal office a record 829. Distribution of income or assets to members; giving the names and addresses of its members, loans. directors, and officers. All books and records of 830. Nonpolitical nature of corporation. 831. Liability for acts of officers and agents. the corporation may be inspected by any mem- 832. Prohibition against issuance of stock or pay- ber or his agent or attorney for any proper pur- ment of dividends. pose at any reasonable time. 833. Books and records; inspection. (Pub. L. 85–642, § 13, Aug. 14, 1958, 72 Stat. 600.) 834. Repealed. 835. Use of assets on dissolution or liquidation. § 804. Repealed. Pub. L. 88–504, § 4(28), Aug. 30, 836. Acquisition of assets and liabilities of exist- 1964, 78 Stat. 637 ing corporation. 837. Reservation of right to amend or repeal chap- Section, Pub. L. 85–642, § 14, Aug. 14, 1958, 72 Stat. 600, ter. related to audit of financial transactions and report of such audit to Congress. See sections 1101 to 1103 of this § 821. Corporation created title. The following persons to wit: Richard Golick, § 805. Use of assets on dissolution or liquidation Chicago, Illinois; William B. Eaton, Lansing, Michigan; Victor F. Kubly, Daytona Beach, Upon final dissolution or liquidation of the Florida; Luther Smith, Harrisburg, Pennsyl- corporation and after discharge or satisfaction vania; Olin E. Teague, College Station, Texas; of all outstanding obligations and liabilities the Charles E. Potter, Cheboygan, Michigan; Paul H. remaining assets of the corporation may be dis- Douglas, Chicago, Illinois; B. Carroll Reece, tributed in accordance with the determination Johnson City, Tennessee; Errett P. Scrivner, of the board of directors of the corporation and Kansas City, Kansas; Edward Martin, Washing- ton, Pennsylvania; General Melvin J. Maas, 1 So in original. Probably should be ‘‘of’’. Saint Paul, Minnesota; General Patrick J. Hur- Page 133 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 823 ley, Santa Fe, New Mexico; General William A. Theodore Fauntz, Seattle, Washington; Albert Donovan, New York, New York; Admiral John F. O. Rabassa, Baltimore, Maryland; Michael Ford, Hollywood, California; Doohan, New Haven, Connecticut; Occa V. Phil- Colonel Robert M. Bringham, Los Angeles, lips, Saint Cloud, Minnesota; Uriah Lucas, Salis- California; John J. Martin, Madison, Wisconsin; bury, North Carolina; Donald Lindley, Kansas Robert Schroeder, Milwaukee, Wisconsin; Frank City, Missouri; Percy O. Buterbaugh, Lincoln, A. Weber, Bearer, Pennsylvania; Thomas A. Nebraska; Stanley C. Lagncaskey, Trenton, New Powers, Brooklyn, New York; Major Wilbur E. Jersey; Alfred J. Gardner, Statesville, North Dove, Washington, District of Columbia; Ernest Carolina; Sagie Nishioka, Salem, Oregon; Edgar L. Ihbe, Milwaukee, Wisconsin; Lloyd E. Henry, Eichler, San Antonio, Texas; H. J. Theisen, Port Hyattsville, Maryland; Stanley B. Kirschbaum, Orchard, Washington; Colonel Michael Ushakoff, Detroit, Michigan; Raymond Cocklin, Daytona Seattle, Washington; Alfred H. Klineschmidt, Beach, Florida; Francis J. Maguire, Gloucester Reno, Nevada; City, New Jersey; Clifford A. Parmenter, Long Francis J. Cayouette, Augusta, Maine; Wil- Beach, California; Harry H. Dietz, Baltimore, liam Floyd, Aurora, Colorado; Henry H. Carter, Maryland; Charles S. Iskin, Miami, Florida; Vic- Junior, North Augusta, South Carolina; Ike Par- tor N. Lukatz, Cincinnati, Ohio; John P. Hapsch, ish, Marianna, Arkansas; Daniel P. Borota, Minneapolis, Minnesota; Richard J. Flanders, Gary, Indiana; Jerome S. Daunhauer, Ferdinand, Waukegan, Illinois; General Douglas MacArthur, Indiana; Robert H. Gamber, Davenport, Iowa; New York, New York; General James A. Van William Powers, Lyndon, Kentucky; Colonel Mi- Fleet, Auburndale, Florida; chael Glossinger, Waneland, Mississippi; Ken- William J. Schroder, Pelham, New York; John H. Hoppe, D.S.C., Alexandria, Virginia; John C. neth Spry, Wyandotte, Michigan; Joseph C. Tay- Reynolds, Covington, Kentucky; Anton Kneller, lor, Youngstown, Ohio; George A. Davis, Helena, Philadelphia, Pennsylvania; John L. Schwartz, Montana; Harold H. Hamilton, Lancaster, Penn- Albuquerque, New Mexico; Henry Marquard, sylvania; Thomas H. McGovran, Charleston, Elmhurst, Illinois; James C. Doyle, Arlington, West Virginia; Massachusetts; Frank Heidel, Harrisburg, Penn- Bernard Maurer, Edgemoor, Delaware; Marcus sylvania; John E. Schwend, Webster Groves, E. Diffenderfer, Ossipee, New Hampshire; An- Missouri; Anthony Badamo, Quincy, Illinois; Jo- drew Nomland, Grand Forks, North Dakota; Ad- seph E. Stanger, Bridgeton, New Jersey; Frank miral John Hoskins, Quonset, Rhode Island; V. Fromme, Jasper, Indiana; Arthur Goetsch, Jesus Ascencio Vazquez, South Margarita, Canal Davenport, Iowa; Joseph Stiegler, Junior, Silver Zone; Ernest Collins, Arlington, Virginia; Spring, Maryland; William E. Savage, Seattle, Genaro Cabrera, Cayey, Puerto Rico; Roberto Washington; Jack Medford, Tucson, Arizona; Jo- Cruz Figueroa, Rio Piedras, Puerto Rico; Henry seph C. Kolinsky, Middletown, Connecticut; B. Haina, Honolulu, Hawaii; John T. Stanton, Jack M. Deckard, Tampa, Florida; Ted J. Swedo, Kansas City, Kansas; and their successors are North Chicago, Illinois; Linus Vonderheide, created and declared to be a body corporate of Saint Anthony, Indiana; Joseph Earith, Sioux the District of Columbia, where the legal domi- City, Iowa; Howell Brewer, doctor of medicine, cile shall be, by the name of the Military Order Shreveport, Louisiana; Francis Donnelly, Ar- of the Purple Heart of the United States of lington, Massachusetts; America, Incorporated (hereinafter referred to 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- § 824 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 134 ica, by (1) commemorating all national patriotic lumbia, or in any such other place as may later holidays; (2) maintaining true allegiance to the be determined by the national executive board, Government of the United States of America but the activities of the corporation shall not be and fidelity to its Constitution and laws; (3) pre- confined to that place and may be conducted serving and strengthening comradeship and pa- throughout the various States, Territories, and triotism amongst its members; (4) assisting, possessions of the United States. comforting, and aiding all needy and distressed (b) The corporation shall have in the District members and their dependents; (5) giving needed of Columbia at all times a designated agent au- hospital and service work through its Depart- thorized to accept service of process for the cor- ment of Veterans Affairs certified service offi- poration; and notice to or service upon such cers; (6) cooperating with other civic and patri- agent, or mailed to the business address of such otic organizations having worthy objectives; (7) agent, shall be deemed notice to or service upon keeping alive the achievements and memory of the corporation. our country’s founders; (8) ever cherishing the memory of General George Washington, who (Pub. L. 85–761, § 5, Aug. 26, 1958, 72 Stat. 856.) founded the Purple Heart at his headquarters at § 826. Membership Newburgh-on-the-Hudson, on August 7, 1782; (9) influencing and teaching our citizenry, in a (a) Eligibility loyal appreciation of the heritages of American All persons of good moral character who are, citizenship, with its responsibilities and privi- have been, or may become members of the leges; and (10) preserving and defending the Armed Forces of the United States or any for- United States of America from all enemies eign country of whatever rank, who have re- whomsoever. ceived or who may hereafter receive the Purple (Pub. L. 85–761, § 3, Aug. 26, 1958, 72 Stat. 856; Heart for wounds received during military or Pub. L. 102–54, § 13(n)(3), June 13, 1991, 105 Stat. naval combat against an armed enemy of the 278.) United States, shall be eligible for active mem- AMENDMENTS bership in the corporation. 1991—Subsec. (b)(5). Pub. L. 102–54 substituted ‘‘De- (b) Extension of eligibility to parents and de- partment of Veterans Affairs’’ for ‘‘Veterans’ Adminis- scendants tration’’. The corporation shall have the power, more- § 824. Powers of corporation over, to extend eligibility for membership, as as- sociate members; to parents and lineal descend- The corporation shall have power— ants of the described in subsection (a) of this (1) to have succession by its corporate name; section under such conditions and upon such (2) to sue and be sued, complain and defend terms as the corporation may specify in its con- in any court of competent jurisdiction; stitution and bylaws. (3) to adopt, use and alter a corporate seal; (4) to charge and collect membership dues; (c) Voting rights (5) to adopt, amend, and alter a constitution Each member of the corporation, other than and bylaws, not inconsistent with the laws of associate members, shall have the right to one 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 af- fairs; (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- poses of the corporation, subject, however, to (Pub. L. 85–761, § 6, Aug. 26, 1958, 72 Stat. 857.) 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 Upon the enactment of this chapter the mem- corporation operating in such State; bership of the initial board of directors of the (8) to transfer, convey, lease, sublease, en- corporation shall consist of the present officers cumber, and otherwise alienate real, personal of the Military Order of the Purple Heart, re- or mixed property; and ferred to in section 836 of this title, or such of (9) to borrow money for the purposes of the them as may then be living and are qualified of- corporation, issue bonds therefor, and secure ficers of that corporation, to wit: Richard P. the same by mortgage, deed of trust, pledge, Golick of Chicago, Illinois; Adolph Sutro, Holly- or otherwise, subject in every case to all appli- wood, California; William B. Eaton of Lansing, cable provisions of Federal and State laws. Michigan; Joseph Martin of Menandes, New (Pub. L. 85–761, § 4, Aug. 26, 1958, 72 Stat. 856.) York; Reverend Thomas W. Riordan, Chicago, Il- linois; Victor F. Kubly, Daytona Beach, Florida; § 825. Principal office; territorial scope of activi- Albert Gale, Minneapolis, Minnesota; Wilbur E. ties; agent for service of process 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 Page 135 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 836 vice commander, finance officer, judge advocate, § 831. Liability for acts of officers and agents chaplain, adjutant, inspector, historian, and sur- The corporation shall be liable for the acts of geon. its officers and agents when acting within the (b) Composition of subsequent boards; tenure scope of their authority. Thereafter, the board of directors of the cor- (Pub. L. 85–761, § 11, Aug. 26, 1958, 72 Stat. 858.) poration shall consist of such number (not less § 832. Prohibition against issuance of stock or than eighteen), shall be selected in such manner payment of dividends (including the filling of vacancies), and shall serve for such terms as may be prescribed in the The corporation shall have no power to issue constitution and bylaws of the corporation. any shares of stock or to declare or pay any dividends. (c) Duties (Pub. L. 85–761, § 12, Aug. 26, 1958, 72 Stat. 858.) The board of directors shall be the governing board of the corporation and shall, during the § 833. Books and records; inspection intervals between corporation meetings, be re- The corporation shall keep correct and com- sponsible for the general policies and program of plete books and records of account and shall the corporation. The board shall be responsible keep minutes of the proceedings of its members, for all finances of the corporation. board of directors, and committees having any (Pub. L. 85–761, § 7, Aug. 26, 1958, 72 Stat. 857.) authority under the board of directors, and it shall also keep at its principal office a record of REFERENCES IN TEXT the names and addresses of its members entitled Enactment of this chapter, referred to in subsec. (a), to vote. All books and records of the corporation means enactment of Pub. L. 85–761, which was enacted may be inspected by any member entitled to Aug. 26, 1958. vote, or his agent or attorney, for any proper purpose, at any reasonable time. § 828. Officers (Pub. L. 85–761, § 13, Aug. 26, 1958, 72 Stat. 858.) (a) The officers of the corporation shall be a CROSS REFERENCES commander, a senior vice commander, a chap- Printing of proceedings of national encampments as lain, an adjutant, a finance officer, a judge advo- House documents, see section 1332 of Title 44, Public cate, an inspector, a surgeon, a historian, and Printing and Documents. other elected officers as prescribed in the con- § 834. Repealed. Pub. L. 88–504, § 4(29), Aug. 30, stitution and bylaws of the corporation. 1964, 78 Stat. 637 (b) The officers of the corporation shall be elected in such manner and for such terms and Section, Pub. L. 85–761, § 14, Aug. 26, 1958, 72 Stat. 858, with such duties as may be prescribed in the related to audit of financial transactions and report of constitution and bylaws of the corporation. such audit to Congress. See sections 1101 to 1103 of this title. (Pub. L. 85–761, § 8, Aug. 26, 1958, 72 Stat. 857.) § 835. Use of assets on dissolution or liquidation § 829. Distribution of income or assets to mem- Upon final dissolution or liquidation of the bers; loans corporation, and after discharge or satisfaction (a) No part of the income or assets of the cor- of all outstanding obligations and liabilities, the poration shall inure to any member, officer, or remaining assets of the corporation may be dis- director, or be distributable to any such person tributed in accordance with the determination otherwise than upon dissolution or final liquida- of the board of directors of the corporation and tion of the corporation as provided in section 835 in compliance with the constitution and bylaws of this title. Nothing in this subsection, how- of the corporation and all Federal and State ever, shall be construed to prevent the payment laws applicable thereto. of compensation to officers of the corporation in (Pub. L. 85–761, § 15, Aug. 26, 1958, 72 Stat. 859.) amounts approved by the executive committee SECTION REFERRED TO IN OTHER SECTIONS of the corporation. (b) The corporation shall not make loans to its This section is referred to in section 829 of this title. officers, directors, or employees. Any director § 836. Acquisition of assets and liabilities of exist- who votes for or assents to the making of a loan ing corporation to an officer, director, or employee of the cor- poration, and any officer who participates in the The corporation may acquire the assets of the making of such loan, shall be jointly and sever- Military Order of the Purple Heart of the United ally liable to the corporation for the amount of States of America, Incorporated, a body cor- such loan until the repayment thereof. porate organized under laws of the State of New Jersey, upon discharging or satisfactorily pro- (Pub. L. 85–761, § 9, Aug. 26, 1958, 72 Stat. 858.) viding for the payment and discharge of all of the liabilities of such State corporation and § 830. Nonpolitical nature of corporation upon complying with all the laws of the State of The corporation, and its officers and directors New Jersey applicable thereto. as such, shall not contribute to or otherwise (Pub. L. 85–761, § 16, Aug. 26, 1958, 72 Stat. 859.) support or assist any political party or can- SECTION REFERRED TO IN OTHER SECTIONS didate for public office. This section is referred to in sections 826, 827 of this (Pub. L. 85–761, § 10, Aug. 26, 1958, 72 Stat. 858.) title. § 837 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 136

§ 837. Reservation of right to amend or repeal den, Alabama; Alfous Vaughan, Camden, Arkan- chapter sas; Walter R. Andrews, Roseda, California; Clar- The right to alter, amend, or repeal this chap- ence C. Carlson, Lynwood, California; Jesse S. ter is expressly reserved. Castillo, Los Angeles, California; James Harris, (Pub. L. 85–761, § 17, Aug. 26, 1958, 72 Stat. 859.) Los Angeles, California; Sanji Kimoto, Long Beach, California; Jose Reyes, Lynwood, Califor- CHAPTER 35—BLINDED VETERANS nia; Neftali Sanchez, Los Angeles, California; ASSOCIATION Derald W. Stange, Los Angeles, California; Paul U. Brower, Oakland, California; Clarence Sec. 851. Corporation created. Costello, Oakland, California; Herbert P. Oakes, 852. Completion of organization. Denver, Colorado; Robert W. Taylor, Pueblo, 853. Objects and purposes of corporation. Colorado; Ernest M. Bowen, Granby, Connecti- 854. Powers of corporation. cut; Dominic Buonocore, Waterbury, Connecti- 855. Principal office; territorial scope of activi- cut; Edward Cousineau, Windsor Locks, Con- ties; agent for service of process. necticut; Theodore Wysocki, West Hartford, 856. Membership. Connecticut; Francisco de la Cruz, Washington, 857. Governing body. District of Columbia; Raymond N. Goldstein, (a) Composition. (b) Removal for cause. Washington, District of Columbia; John H. (c) Vacancies. Jones, Washington, District of Columbia; John (d) Quorum requirement; voting. S. Nadeau, Washington, District of Columbia; 858. Officers. Adolph E. Anglan, Daytona Beach, Florida; (a) Composition. LaRue S. Milne, Largo, Florida; Robert L. (b) Powers. Robinson, Orlando, Florida; Charles H. Monroe, (c) Elections; tenure; duties. Savannah, Georgia; Hisatomi Hiyasaka, Sugar 859. Distribution of income or assets to members; City, Idaho; Fay Anderson, Pocatonia, Illinois; loans. Irvin J. Edwards, Lee, Illinois; Marvin Halladay, 860. Nonpolitical nature of corporation. Bensenville, Illinois; Vincent Ortiz, Senior, Blue 861. Liability for acts of officers and agents. 862. Prohibition against issuance of stock or pay- Island, Illinois; Raymond D. McCarty, La Porte, ment of dividends. Indiana; Gerald J. Miller, Rensselaer, Indiana; 863. Books and records; inspection. Charles T. Rachels, Mount Vernon, Indiana; 864. Repealed. John W. Stalcup, Indianapolis, Indiana; William 865. Use of assets on dissolution or liquidation. E. Cassell, Cumberland, Maryland; Frank L. 866. Acquisition of assets and liabilities of exist- Bavin, Wilmington, Massachusetts; Jerome F. ing corporation. Bowen, Chelsea, Massachusetts; Walter F. 867. Exclusive right to name, seals, emblems, and Branlund, Braintree, Massachusetts; Daniel B. badges. 868. Reservation of right to amend or repeal chap- Carveth, Annisquam, Massachusetts; ter. Adolfo Cenci, Somerville, Massachusetts; Na- than Cohen, Winthrop, Massachusetts; John F. § 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, Amesbury, Massachusetts; J. H. Schuster, Hol- Mount Vernon, Iowa; Raymond T. Frey, Leb- brook, Massachusetts; anon, Pennsylvania; Henry Masse, West Med- Chester J. Sweeney, Dorchester, Massachu- ford, Massachusetts; Joseph Smietanowski, setts; John C. Taylor, Boston, Massachusetts; Rochester, New York; Alfred J. Therrien, Lawrence, Massachusetts; Edward J. Hoyczyk, Snyder, New York; Rus- Otto Huwe, New Haven, Michigan; Ernest M. sell C. Williams, Maywood, Illinois; H. Smith Wiedyk, Auburn, Michigan; Ralph H. Sather, Shumway, Cheyenne, Wyoming; H. P. Adams, North Branch, Minnesota; Wesley E. Burney, Sommerville, South Carolina; Thomas C. Kansas City, Missouri; James A. Schelich, Wash- Hasbrook, Indianapolis, Indiana; Leonard E. ington, Missouri; Raymond T. Auprey, Shelhamer, North Caldwell, New Jersey; Thom- Penacock, New Hampshire; John A. Clarke, New as J. Broderick, Chicago, Illinois; George M. Brunswick, New Jersey; Edward Heimrich, Gillispie, Gardena, California; Peter J. McKen- Belleville, New Jersey; Frederich Koch, na, Minneapolis, Minnesota; William A. Miller, Paramus, New Jersey; Michael A. Spencer, San Antonio, Texas; Phillip N. Harrison, Harris- Belleville, New Jersey; John Abrams, New York, burg, Pennsylvania; Vasco de Gama Hale, New York; Walter Biedrzycki, Mineola, New Bloomfield, Connecticut; William W. Thompson, York; Francis J. Chambers, New York, New Bethesda, Maryland; Gordon H. Damery, Brigh- York; Roger P. Conant, New York, New York; ton, Massachusetts; Irvin P. Schloss, Washing- Jerome E. Dompierre, Buffalo, New York; ton, District of Columbia; Darwin W. Niles, Anthony Duino, Dunkirk, New York; Hammond, Indiana; Curtis F. Weygand, Gads- Salvatore Iadanza, Central Islip, New York; Mi- Page 137 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 854 chael J. Kralovich, Jackson Heights, New York; § 852. Completion of organization Michael A. Lettiere, Brooklyn, New York; Jo- A majority of the persons named in section 851 seph A. Martone, Syracuse, New York; Robert I. of this title are authorized to complete the orga- McGinnis, Poughkeepsie, New York; Harry J. nization of the corporation by the selection of Owens, Cassville, New York; Alrid Plaskett, officers and employees, the adoption, amend- South Ozone Park, New York; Jack Shapiro, ment, and revision of a constitution and bylaws Jackson Heights, New York; Andrew G. not inconsistent with the provisions of this Tomanek, Jackson Heights, New York; Paul chapter and the doing of such other acts as may Viviano, Sunnyside, New York; Michael Weber, be necessary for such purpose. Watertown, New York; Narcus Zetkin, New York, New York; John Henry Edge, Rocky (Pub. L. 85–769, § 2, Aug. 27, 1958, 72 Stat. 924.) Mount, North Carolina; Henry C. Riggins, Ashe- ville, North Carolina; George H. Williams, § 853. Objects and purposes of corporation Rocky Mount, North Carolina; John C. Small- The objects and purposes of the corporation beck, Aneta, North Dakota; shall be as follows: A. W. Brent, Cleveland, Ohio; Floyd H. Miller, (1) To promote the welfare of blinded veter- Louisville, Ohio; Carl Mock, Logan, Ohio; James ans so that, notwithstanding their disabilities, L. Park, Middlefield, Ohio; John Bernabo, Boli- they may take their rightful place in the com- var, Pennsylvania; Richard G. Brooks, Philadel- munity and work with their fellow citizens to- phia, Pennsylvania; Charles P. Hogan, Pitts- ward the creation of a peaceful world. burgh, Pennsylvania; Richard A. Neiman, Lan- (2) To preserve and strengthen a spirit of fel- caster, Pennsylvania; Steve T. Olesnanlk, Lake lowship among blinded veterans so that they City, Pennsylvania; Curtis W. Sechrist, East may give mutual aid and assistance to one an- York, Pennsylvania; Edward A. Zelonis, Harris- other. burg, Pennsylvania; Herman W. Nodine, Green- (3) To maintain and extend the institutions ville, South Carolina; Emil M. Larson, Sioux of American freedom and to encourage loyalty Falls, South Dakota; Randolph H. Greene, Lub- to the Constitution and laws of the United bock, Texas; Alfred Poe, El Paso, Texas; James States and of the States in which they reside. A. H. Brown, Lynchburg, Virginia; Harold A. (4) To be organized and operated as a cor- Bussey, Norfolk, Virginia; Bernie C. Lear, Ches- poration not for profit, no part of the income terfield, Virginia; Charles F. MacFarlane, Se- or assets of which shall inure to the benefit of attle, Washington; John A. Veith, Lost Creek, any of its members, directors, or officers, nor West Virginia; Richard J. Hunt, Madison, Wis- be distributable thereto otherwise than upon consin; dissolution or final liquidation; and such cor- Alvin R. Johnson, Milwaukee, Wisconsin; Leo poration is organized and shall be operated ex- A. Urbaniak, Troy Center, Wisconsin; Julio C. clusively for charitable, educational, patri- Galarza Torres, Rio Piedras, Puerto Rico; John otic, and civic improvement purposes. P. Collins, West Monroe, Louisiana; Gerald J. (Pub. L. 85–769, § 3, Aug. 27, 1958, 72 Stat. 924.) DuBois, Morgan City, Louisiana; James L. Womack, Winnfield, Louisiana; Blaise Angelico, § 854. Powers of corporation New Orleans, Louisiana; Tom Byrnes, Shreve- The corporation shall have power— port, Louisiana; Reynolds T. Liner, Houma, Lou- (1) to sue and be sued, complain and defend isiana; David Martin, Lafayette, Louisiana; Jo- in any court of competent jurisdiction; seph Emile DuPont, Plaquemine, Louisiana; Jo- (2) to adopt, alter, and use a corporate seal; seph C. Hattier, Metarie, Louisiana; Steve (3) to choose officers, managers, and agents Champagne, Saint Martinville, Louisiana; Ste- as the business of the corporation may re- phen Carra, New Orleans, Louisiana; Clarence quire; Clark, West Monroe, Louisiana; Bernard J. (4) to charge and collect membership dues; Cramer, Crowley, Louisiana; Vernon Parenton, (5) to adopt, amend, apply, and alter a con- Baton Rouge, Louisiana; Daniel Pinchera, stitution and bylaws not inconsistent with the Shreveport, Louisiana; Joseph Roth, Gonzales, laws of the United States of America or any Louisiana; James Turner, Varnado, Louisiana; State in which the corporation is to operate, Edwin Westrate, Port Allen, Louisiana; Preston for the management of its property and the Wyatts, Natchitoches, Louisiana; and each other regulation of its affairs; person who, on August 27, 1958, is a member in (6) to contract and be contracted with; good standing of Blinded Veterans Association, (7) to take and hold by lease, gift, purchase, Incorporated, a corporation organized and exist- grant, devise, bequest or otherwise any prop- ing under the membership corporation law of erty real, personal, or mixed, necessary or the State of New York, and their successors, are convenient for attaining the objects of the created and declared to be a body corporate by corporation, subject, however, to applicable the name of Blinded Veterans Association (re- provisions of law of any State, (a) governing ferred to in this chapter as the ‘‘corporation’’) the amount or kind of real and personal prop- and by such name shall be known and have per- erty which may be held by, or, (b) otherwise petual succession of the powers, limitations, and limiting or controlling the ownership of real restrictions contained in this chapter. and personal property by, a corporation oper- (Pub. L. 85–769, § 1, Aug. 27, 1958, 72 Stat. 922.) ating in such State; (8) to transfer, lease, or convey real or per- sonal 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 § 855 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 138

of indebtedness therefor and secure the same remaining directors present at a meeting duly by mortgage or pledge subject to applicable called for that purpose may elect a director to Federal or State laws; and fill such vacancy until the next annual meeting (10) to do any and all acts necessary and of the corporation. proper to carry out the purposes of the cor- (d) Quorum requirement; voting poration. A majority of the directors shall be present at (Pub. L. 85–769, § 4, Aug. 27, 1958, 72 Stat. 924.) any meeting of directors in order to constitute § 855. Principal office; territorial scope of activi- a quorum and the votes of a majority of the di- ties; agent for service of process rectors so present shall be necessary for the transaction of any business. (a) The principal office of the corporation shall be located in Washington, District of Co- (Pub. L. 85–769, § 7, Aug. 27, 1958, 72 Stat. 925.) lumbia, or in such other place as may later be § 858. Officers determined by the board of directors but the ac- tivities of the corporation shall not be confined (a) Composition to that place and may be conducted throughout The corporation shall have such officers as the various Territories and possessions of the may be provided for in the bylaws. 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) Elections; tenure; duties agent shall be deemed as service to or notice on The officers of the corporation shall be elected the corporation. in such manner and have such terms and with (Pub. L. 85–769, § 5, Aug. 27, 1958, 72 Stat. 925.) such duties as may be prescribed in the bylaws of the corporation. § 856. Membership (Pub. L. 85–769, § 8, Aug. 27, 1958, 72 Stat. 925.) Any person who was enlisted, drafted, in- ducted, or commissioned in the Armed Forces of § 859. Distribution of income or assets to mem- the United States and who, in the line of duty in bers; loans such service, has sustained a substantial impair- ment of sight or vision, as such is defined from (a) No part of the income or assets of the cor- time to time by the bylaws of the corporation, poration shall inure to any member, officer, or shall be eligible for general membership in the director as such, or be distributed to any of corporation. In addition to the general member- them during the life of the corporation or upon ship, there shall be special classes of honorary its dissolution or final liquidation, nor shall any and associate membership, qualification or eli- member or private individual be liable for the 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 veterans, their widows or their children pursu- (Pub. L. 85–769, § 6, Aug. 27, 1958, 72 Stat. 925.) ant 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 The number of directors shall be not less than director who votes for or assents to the making of a loan to an officer, director, or employee of three nor more than fifteen 1 said directors shall be divided into a specified number of classes, the corporation and any officer who participates each class holding office for a definite period of in the making of such loan shall be jointly and years, as shall be provided from time to time by severally liable to the corporation for the the bylaws of the corporation, except that the amount of such loan until the payment thereof. 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 If a vacancy occurs in the office of director of § 861. Liability for acts of officers and agents the corporation, a majority of a quorum of the The corporation shall be liable for the acts of its officers and agents when acting within the 1 So in original. Probably should be a followed by punctuation. scope of their authority. Page 139 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 881

(Pub. L. 85–769, § 11, Aug. 27, 1958, 72 Stat. 926.) CROSS REFERENCES Penalty for unauthorized manufacture, reproduction, § 862. Prohibition against issuance of stock or or sale of badges or emblems of veterans’ organizations, payment of dividends see section 705 of Title 18, Crimes and Criminal Proce- The corporation shall have no power to issue dure. any shares of stock or declare or pay dividends. § 868. Reservation of right to amend or repeal (Pub. L. 85–769, § 12, Aug. 27, 1958, 72 Stat. 926.) chapter The right to alter, amend, or repeal this chap- § 863. Books and records; inspection ter is expressly reserved. The corporation shall keep correct and com- (Pub. L. 85–769, § 18, Aug. 27, 1958, 72 Stat. 927.) plete books and records of account. It shall also keep minutes of the proceedings of its member- CHAPTER 36—BIG BROTHERS—BIG SISTERS ship and of the board of directors or committees OF AMERICA having authority under the board of directors. It Sec. shall also keep at its principal office a record 881. Corporation created; short title. giving the names and addresses of its members, 882. Completion of organization. directors, and officers. All books and records of 883. Purposes of corporation. the corporation may be inspected by any mem- 884. Powers of corporation. ber or his agent or attorney for any proper pur- 885. Principal office; territorial scope of activi- pose at any reasonable time. ties; agent for service of process. 886. Membership; voting rights. (Pub. L. 85–769, § 13, Aug. 27, 1958, 72 Stat. 926.) 887. Governing body. (a) Composition. § 864. Repealed. Pub. L. 88–504, § 4(30), Aug. 30, (b) Tenure. 1964, 78 Stat. 637 (c) Duties. 888. Officers. Section, Pub. L. 85–769, § 14, Aug. 27, 1958, 72 Stat. 926, 889. Distribution of income or assets to members; related to audit of financial transactions and report of loans. such audit to Congress. See sections 1101 to 1103 of this 890. Nonpolitical nature of corporation. title. 891. Liability for acts of officers and agents. 892. Prohibition against issuance of stock or pay- § 865. Use of assets on dissolution or liquidation ment of dividends. 893. Books and records; inspection. Upon final dissolution or liquidation of the 894. Repealed. corporation and after discharge or satisfaction 895. Exclusive right to name, emblems, seals, and of all outstanding obligations and liabilities the badges. remaining assets of the corporation shall be 896. Acquisition of assets and liabilities of exist- transferred to the Department of Veterans Af- ing corporation. fairs to be applied to the care and comfort of 897. Use of assets on dissolution or liquidation. blinded veterans. 898. Reservation of right to amend or repeal chap- ter. (Pub. L. 85–769, § 15, Aug. 27, 1958, 72 Stat. 927; Pub. L. 102–54, § 13(n)(4), June 13, 1991, 105 Stat. § 881. Corporation created; short title 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. § 866. Acquisition of assets and liabilities of exist- Wyner, New York, New York; and their succes- ing corporation sors, are hereby created and declared to be a 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- AMENDMENTS ed Veterans Association and such seals, em- 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). § 882 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 140

SECTION REFERRED TO IN OTHER SECTIONS (Pub. L. 85–870, § 4, Sept. 2, 1958, 72 Stat. 1691.) This section is referred to in section 882 of this title. § 885. Principal office; territorial scope of activi- § 882. Completion of organization ties; agent for service of process A majority of the persons named in section 881 (a) The principal office of the corporation of this title are authorized to complete the orga- shall be located in Philadelphia, Pennsylvania, nization of the corporation by the adoption of a or in such other place as may be later deter- constitution and bylaws, not inconsistent with mined by the board of directors, but the activi- this chapter, and the doing of such other acts ties of the corporation shall not be confined to (including the selection of officers and employ- that place, but may be conducted throughout ees in accordance with such constitution and by- the various States, Territories, and possessions laws) as may be necessary for such purpose. of the United States. (b) The corporation shall have in the District (Pub. L. 85–870, § 2, Sept. 2, 1958, 72 Stat. 1691.) of Columbia at all times a designated agent au- thorized to accept service of process for the cor- § 883. Purposes of corporation poration; and notice to or service upon such The purposes of the corporation shall be to aid agent, or mailed to the business address of such and assist individuals throughout the United agent, shall be deemed notice to or service upon States of America in the solution of their social the corporation. and economic problems, and assist in their (Pub. L. 85–870, § 5, Sept. 2, 1958, 72 Stat. 1692; health, educational and character development; Pub. L. 95–167, § 1(c), Nov. 11, 1977, 91 Stat. 1347.) to promote the use of the techniques of such as- sistance developed by the corporation, by other AMENDMENTS lay and professional agencies and workers, to re- 1977—Subsec. (a). Pub. L. 95–167 struck out ‘‘and in ceive, invest, and disburse funds and to hold Canada to the extent permitted by Canadian laws’’ property for the purposes of the corporation. after ‘‘possessions of the United States’’. (Pub. L. 85–870, § 3, Sept. 2, 1958, 72 Stat. 1691; § 886. Membership; voting rights Pub. L. 95–167, § 1(b), Nov. 11, 1977, 91 Stat. 1347.) Eligibility for membership in the corporation AMENDMENTS and the rights, privileges, and designations of 1977—Pub. L. 95–167 substituted ‘‘individuals’’ for classes of members shall, except as provided in ‘‘boys’’ and struck out ‘‘and Canada’’ after ‘‘United this chapter, be determined as the constitution States of America’’. and bylaws of the corporation may provide. Each member of the corporation shall have the § 884. Powers of corporation right to one vote on each matter submitted to a The corporation shall have power— vote at all meetings of the members of the cor- (1) to have succession by its corporate name; poration. (2) to sue and be sued, complain, and defend (Pub. L. 85–870, § 6, Sept. 2, 1958, 72 Stat. 1692.) in any court of competent jurisdiction; (3) to adopt, use, and alter a corporate seal; § 887. Governing body (4) to choose such officers, managers, agents, (a) Composition and employees as the business of the corpora- Upon the enactment of this chapter the mem- tion may require; bership of the initial board of directors of the (5) to adopt, amend, and alter a constitution corporation shall consist of the present mem- and bylaws, not inconsistent with the laws of bers of the board of directors of the Big Brothers the United States or any State in which the of America, Incorporated, the corporation de- corporation is to operate, for the management scribed in section 896(a) of this title, or such of of its property and the regulation of its af- them as may then be living and are qualified fairs; members of said board of directors, to wit: (6) to contract and be contracted with; Justice Tom Clark, Washington, D.C. (honor- (7) to take by lease, gift, purchase, grant, de- ary); vise, or bequest from any private corporation, Honorable Stuart Garson, Ottawa, Ontario, association, partnership, firm, or individual Canada (honorary); and to hold any property, real, personal, or Honorable Luther W. Youngdahl, Washington, mixed, necessary or convenient for attaining District of Columbia (honorary); the objects and carrying into effect the pur- Charles G. Berwind, Philadelphia, Pennsyl- poses of the corporation, subject, however, to vania; applicable provisions of law of any State (A) Henry J. Benisch, Brooklyn, New York; governing the amount or kind of property DeVere Bobier, Flint, Michigan; which may be held by, or (B) otherwise limit- J. Carroll Brown, Lansing, Michigan; ing or controlling the ownership of property Fielding T. Childress, Saint Louis, Missouri; by, a corporation operating in such State; Guy de Puyjalon, Ottawa, Ontario, Canada; (8) to transfer, convey, lease, sublease, en- Robert E. Curry, New York City, New York; cumber, and otherwise alienate real, personal, Jere Gillette, Detroit, Michigan; or mixed property; and Benjamin van D. Hedges, New York City, New (9) to borrow money for the purposes of the York; corporation, issue bonds therefor, and secure Honorable Thomas C. Hennings, Junior, Wash- the same by mortgage, deed of trust, pledge, ington, District of Columbia; or otherwise, subject in every case to all appli- Doctor Kenneth D. Johnson, New York City, cable provisions of Federal and State laws. New York; Page 141 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 894

Charles B. Levinson, Cincinnati, Ohio; with such duties as may be prescribed in the Walter H. Levy, Providence, Rhode Island; constitution and bylaws of the corporation. Richard Loud, Boston, Massachusetts; (Pub. L. 85–870, § 8, Sept. 2, 1958, 72 Stat. 1693.) George O. Ludcke, Junior, Minneapolis, Min- nesota; § 889. Distribution of income or assets to mem- Charles E. McMartin, Saginaw, Michigan; bers; loans John McShain, Philadelphia, Pennsylvania; John E. Mangrum, Dallas, Texas; (a) No part of the income or assets of the cor- George Miller, Los Angeles, California; poration shall inure to any of its members, di- Nicholas C. Mueller, Baltimore, Maryland; rectors, or officers as such, or be distributable Herbert Myerberg, Baltimore, Maryland; to any of them during the life of the corporation Thomas J. Potts, Columbus, Ohio; or upon its dissolution or final liquidation. Norfleet H. Rand, Saint Louis, Missouri; Nothing in this subsection, however, shall be G. Ruhland Rebmann, Junior, Philadelphia, construed to prevent the payment of compensa- Pennsylvania; tion to officers of the corporation in amounts James B. Reese, Los Angeles, California; approved by the board of directors of the cor- Sanford Reider, Cleveland, Ohio; poration. Thomas A. Rogers, Denver, Colorado; (b) The corporation shall not make loans to its Robert N. Rosenthal, Cincinnati, Ohio; officers, directors, or employees. Any director Canon John Samuel, Hamilton, Ontario, Can- who votes for or assents to the making of a loan ada; or advance to an officer, director, or employee of Maurice Schwarz, Junior, Los Angeles, Cali- the corporation, and any officer who partici- fornia; pates in the making of such a loan or advance, Isadore M. Scott, Philadelphia, Pennsylvania; shall be jointly and severally liable to the cor- Milton Seaman, New York City, New York; poration for the amount of such loan until the Nathaniel Sharf, Boston, Massachusetts; repayment thereof. Jay C. Standish, Cleveland, Ohio; (Pub. L. 85–870, § 9, Sept. 2, 1958, 72 Stat. 1693.) Donald W. Thornburgh, Philadelphia, Pennsyl- vania; § 890. Nonpolitical nature of corporation Robert L. Walston, Houston, Texas; The corporation, and its officers and directors J. Austin White, Cincinnati, Ohio; as such, shall not contribute to or otherwise Meredith Willson, Los Angeles, California; support or assist any political party or can- Paul Wilson, Detroit, Michigan; and didate for public office. E. N. Zeigler, Florence, South Carolina. (Pub. L. 85–870, § 10, Sept. 2, 1958, 72 Stat. 1694.) (b) Tenure Thereafter the board of directors of the cor- § 891. Liability for acts of officers and agents poration shall consist of such number as may be The corporation shall be liable for the acts of prescribed in the constitution of the corpora- its officers and agents when acting within the tion, and the members of such board shall be se- scope of their authority. lected in such manner (including the filling of vacancies), and shall serve for such terms, as (Pub. L. 85–870, § 11, Sept. 2, 1958, 72 Stat. 1694.) may be prescribed in the constitution and by- § 892. Prohibition against issuance of stock or laws of the corporation. payment of dividends (c) Duties The corporation shall have no power to issue The board of directors shall be the managing any shares of stock or to declare or pay any body of the corporation and shall have such pow- dividends. ers, duties, and responsibilities as may be pre- scribed in the constitution and bylaws of the (Pub. L. 85–870, § 12, Sept. 2, 1958, 72 Stat. 1694.) corporation. § 893. Books and records; inspection (Pub. L. 85–870, § 7, Sept. 2, 1958, 72 Stat. 1692; The corporation shall keep correct and com- Pub. L. 95–167, § 1(d), Nov. 11, 1977, 91 Stat. 1347.) plete books and records of account and shall REFERENCES IN TEXT keep minutes of the proceedings of its members, board of directors, and committees having any Upon the enactment of this chapter, referred to in subsec. (a), means upon the enactment of Pub. L. authority under the board of directors; and it 85–870, which was enacted Sept. 2, 1958. shall also keep at its principal office a record of the names and addresses of its members entitled AMENDMENTS to vote. All books and records of the corporation 1977—Subsec. (a). Pub. L. 95–167 substituted ‘‘section may be inspected by any member entitled to 896(a) of this title’’ for ‘‘section 896 of this title’’. vote, or his agent or attorney, for any proper 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 chairman of the board of directors, a president, § 894. Repealed. Pub. L. 88–504, § 4(31), Aug. 30, one or more vice presidents (as may be pre- 1964, 78 Stat. 637 scribed 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. § 895 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 142

§ 895. Exclusive right to name, emblems, seals, poration and in compliance with the constitu- and badges tion and bylaws of the corporation and all Fed- eral and State laws applicable thereto. The corporation and its subordinate divisions shall have the sole and exclusive right to use (Pub. L. 85–870, § 17, Sept. 2, 1958, 72 Stat. 1695.) any of the following names: The Big Brothers of § 898. Reservation of right to amend or repeal America; Big Sisters International, Incor- chapter porated; Big Sisters of America; Big Brothers; Big Sisters; Big Brothers—Big Sisters of Amer- The right to alter, amend, or repeal this chap- ica; and Big Sisters—Big Brothers. The corpora- ter is expressly reserved. tion shall have the exclusive and sole right to (Pub. L. 85–870, § 18, Sept. 2, 1958, 72 Stat. 1695.) use or to allow or refuse the use of such em- blems, seals, and badges as have heretofore been CHAPTER 37—JEWISH WAR VETERANS, used by the predecessor New York corporation, U.S.A., NATIONAL MEMORIAL, INC. Big Brothers of America, Incorporated, de- scribed in section 896(a) of this title, and by the Sec. 911. Corporation created. District of Columbia corporation, Big Sisters 912. Completion of organization. International, Incorporated, described in section 913. Principles and objects of corporation. 896(b) of this title, and the right to which may 914. Powers of corporation. be transferred to the corporation. 915. Principal office; territorial scope of activi- ties; agent for service of process. (Pub. L. 85–870, § 15, Sept. 2, 1958, 72 Stat. 1694; 916. Governing body. Pub. L. 95–167, § 1(e), Nov. 11, 1977, 91 Stat. 1347.) (a) Composition. (b) Tenure. AMENDMENTS (c) Duties. 1977—Pub. L. 95–167 substituted ‘‘any of the following 917. Officers. names: The Big Brothers of America; Big Sisters Inter- 918. Distribution of income or assets to members; national, Incorporated; Big Sisters of America; Big loans. Brothers; Big Sisters; Big Brothers—Big Sisters of 919. Nonpolitical nature of corporation. America; and Big Sisters—Big Brothers’’ for ‘‘the 920. Liability for acts of officers and agents. name, The Big Brothers of America’’ and ‘‘section 921. Prohibition against issuance of stock or pay- 896(a) of this title, and by the District of Columbia cor- ment of dividends. poration, Big Sisters International, Incorporated, de- 922. Books and records; inspection. scribed in section 896(b) of this title,’’ for ‘‘section 896 923. Repealed. of this title’’. 924. Use of assets on dissolution or liquidation. 925. Acquisition of assets and liabilities of exist- § 896. Acquisition of assets and liabilities of exist- ing corporation. ing corporation 926. Reservation of right to amend or repeal chap- ter. (a) The corporation may acquire the assets of the Big Brothers of America, Inc., a corporation § 911. Corporation created organized under the laws of the State of New The following named persons, to wit: Ben York, upon discharging or satisfactorily provid- Kaufman, Trenton, New Jersey; William Ber- ing for the payment and discharge of all of the man, Westbrook, Maine; Joseph Gilman, Man- liability of such corporation and upon comply- chester, New Hampshire; Captain Louis H. ing with all laws of the State of New York appli- Albrand, Burlington, Vermont; Mrs. Ethel cable thereto. Cohen, Providence, Rhode Island; Paul J. Robin, (b) The corporation may acquire the assets of Providence, Rhode Island; Frederick S. Harris, Big Sisters International, Incorporated, a cor- Meriden, Connecticut; Edward Lettick, New poration organized under the laws of the Dis- Haven, Connecticut; William Carmen, Brook- trict of Columbia, upon discharging or satisfac- line, Massachusetts; David Lasker, Boston, Mas- torily providing for the payment and discharge sachusetts; Mrs. Sarah Stone, Brighton, Massa- of all of the liability of such corporation and chusetts; Harry D. Henshel, New York, New upon complying with all laws of the District of York; Captain Joshua Goldberg, New York, New Columbia applicable thereto. York; Sol Masch, New York, New York; Sam (Pub. L. 85–870, § 16, Sept. 2, 1958, 72 Stat. 1695; Slutsky, Peekskill, New York; I. T. Rockman, Pub. L. 95–167, § 1(f), Nov. 11, 1977, 91 Stat. 1347.) Harrisburg, Pennsylvania; Harry H. Schaffer, Pittsburgh, Pennsylvania; Doctor David Coyne, AMENDMENTS Hoboken, New Jersey; Edward Nappen, Atlantic 1977—Pub. L. 95–167 designated existing provisions as City, New Jersey; Howard M. Berg, Wilmington, subsec. (a) and added subsec. (b). Delaware; Samuel Michaelson, Baltimore, Mary- land; Louis E. Spiegler, Washington, District of SECTION REFERRED TO IN OTHER SECTIONS Columbia; Joseph F. Barr, Washington, District This section is referred to in sections 887, 895 of this of Columbia; Joseph A. Reshefsky, Portsmouth, title. Virginia; Edward Leyton, High Point, North Carolina; Doctor Harry Appel, Charleston, South § 897. Use of assets on dissolution or liquidation Carolina; Harry Harrison, Atlanta, Georgia; Upon dissolution or final liquidation of the Paul Ginsberg, Atlanta, Georgia; Harry Cohen, corporation, after discharge or satisfaction of Miami Beach, Florida; Louis B. Lepp, Bir- all outstanding obligations and liabilities, the mingham, Alabama; Edwin I. Baer, Louisville, remaining assets, if any, of the corporation shall Kentucky; Doctor Yale Burke, South Bend, Indi- be distributed in accordance with the deter- ana; Harry T. Madison, Oak Park, Michigan; mination of the board of directors of the cor- William Bobier, Phoenix, Arizona; Samuel Page 143 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 916

Shaikewitz, St. Louis, Missouri; Major General the United States, for the management of its Julius Klein, Chicago, Illinois; Nathan Rakita, property and the regulation of its affairs; said Milwaukee, Wisconsin; Myer Dorfman, St. Paul, constitution and bylaws should likewise not Minnesota; Hyman Greenspan, Dallas, Texas; be inconsistent with the laws of any State in Harold Freeman, Phoenix, Arizona; Harry Pells, which the corporation is to operate; Denver, Colorado; Hy Weitzman, San (e) to contract and be contracted with; Bernardino, California; Don Kapner, Seattle, (f) to take by lease, gift, purchase, grant, de- Washington; Sherman Z. Lipstein, Omaha, Ne- vise, or bequest from any private corporation, braska; William Stern, Fargo, North Dakota; association, partnership, firm, or individual, and their successors, are hereby created and de- and to hold any property, real, personal, or clared to be a nonprofit body corporate of the mixed, necessary or convenient for attaining District of Columbia, where its legal domicile the objects and carrying into effect the pur- shall be, by the name of the Jewish War Veter- poses of the corporation, subject, however, to ans, U.S.A., National Memorial, Incorporated applicable provisions of law of any State (A) (hereinafter referred to as the ‘‘corporation’’), governing the amount or kind of property and by such name shall be known and have per- which may be held by, or (B) otherwise limit- petual succession and the powers, limitations, ing or controlling the ownership of property and restrictions herein contained. by, a corporation operating in such State; (Pub. L. 85–903, § 1, Sept. 2, 1958, 72 Stat. 1738.) (g) to transfer, convey, lease, sublease, en- cumber, and otherwise alienate real, personal, REFERENCES IN TEXT or mixed property; and Herein, referred to in text, means Pub. L. 85–903, (h) to borrow money for the purposes of the Sept. 2, 1958, 72 Stat. 1738, as amended, which is classi- corporation, issue bonds therefor, and secure fied generally to this chapter. For complete classifica- the same by mortgage, deed of trust, pledge, tion of this Act to the Code, see Tables. or otherwise, subject in every case to all appli- cable provisions of Federal and State laws. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 912 of this title. (Pub. L. 85–903, § 4, Sept. 2, 1958, 72 Stat. 1739.) CROSS REFERENCES § 912. Completion of organization Penalty for unauthorized manufacture, reproduction, A majority of the persons named in section 911 or sale of badges or emblems of veterans’ organizations, of this title are authorized to complete the orga- see section 705 of Title 18, Crimes and Criminal Proce- nization of the corporation by the selection of dure. officers and employees, the adoption of a con- § 915. Principal office; territorial scope of activi- stitution and bylaws, not inconsistent with the ties; agent for service of process provisions of this chapter, and the doing of such other acts as may be necessary for such purpose. (a) The principal office of the corporation (Pub. L. 85–903, § 2, Sept. 2, 1958, 72 Stat. 1738.) shall be located in Washington, District of Co- lumbia, but the activities of the corporation § 913. Principles and objects of corporation shall not be confined to that place and may be conducted throughout the various States, Terri- The principles and objects of the corporation tories, and possessions of the United States. shall be— (b) The corporation shall at all times maintain (a) to maintain and conduct a national me- in its headquarters in the District of Columbia morial and museum dedicated to and com- a designated agent to accept service of process memorating the service and sacrifice in the for the corporation and notice to or service upon Armed Forces of the United States during the such agent, or mailed to the headquarters of the period of war by Americans of the Jewish organization in the said District of Columbia faith; shall be deemed notice or service upon the said (b) to gather, collate, edit, publish, and ex- corporation. hibit the memorabilia, data, records, military awards, decorations, citations, and so forth, (Pub. L. 85–903, § 5, Sept. 2, 1958, 72 Stat. 1739.) for the purpose of preserving the memories § 916. Governing body and records of patriotic service performed by men and women of the Jewish faith while in (a) Composition the armed services of the United States in Upon the enactment of this chapter, the ini- time of war; and tial board of directors of the corporation shall (c) to stimulate patriotism in the minds of consist of the present officers and members of all Americans by encouraging the study of the the board of directors of the existing corpora- military and naval history of our Nation. tion, entitled ‘‘Jewish War Veterans U.S.A., Na- (Pub. L. 85–903, § 3, Sept. 2, 1958, 72 Stat. 1738.) tional Memorial, Incorporated’’, an organization incorporated under the laws of the District of § 914. Powers of corporation Columbia. The corporation shall have power— (b) Tenure (a) to have succession by its corporate name; Thereafter, the board of directors of the cor- (b) to sue and be sued, complain and defend poration shall be of such number (not less than in any court of competent jurisdiction; thirty-six) who shall be selected in such manner, (c) to adopt, use, and alter a corporate seal; including the filling of vacancies and serve such (d) to adopt, amend, and alter a constitution terms as shall be prescribed under the constitu- and bylaws, not inconsistent with the laws of tion and bylaws of the corporation. § 917 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 144

(c) Duties keep minutes of the proceedings of its members, The board of directors shall be the governing board of directors, and committees having any board of the corporation and shall, during the authority under the board of directors; and it intervals between corporation meetings, be re- shall also keep at its principal office a record of sponsible for the general policies and program of the names and addresses of its members entitled the corporation. The board shall be responsible to vote. All books and records of the corporation for all finances of the corporation. may be inspected by any member entitled to vote, or his agent or attorney, for any proper (Pub. L. 85–903, § 6, Sept. 2, 1958, 72 Stat. 1739.) purpose, at any reasonable time. REFERENCES IN TEXT (Pub. L. 85–903, § 12, Sept. 2, 1958, 72 Stat. 1740.) Upon the enactment of this chapter, referred to in subsec. (a), means upon the enactment of Pub. L. § 923. Repealed. Pub. L. 88–504, § 4(32), Aug. 30, 85–903, which was enacted Sept. 2, 1958. 1964, 78 Stat. 637 § 917. Officers Section, Pub. L. 85–903, § 13, Sept. 2, 1958, 72 Stat. 1741, related to audit of financial transactions and report of (a) The officers of the corporation shall be a such audit to Congress. See sections 1101 to 1103 of this president and such number of vice presidents as title. shall be provided for in the constitution and by- laws, as well as a secretary and treasurer. § 924. Use of assets on dissolution or liquidation (b) The officers of the corporation shall be elected in such manner and for such terms as Upon final dissolution or liquidation of the well as with such duties as may be prescribed in corporation, and after discharge or satisfaction the constitution and bylaws of the corporation. of all outstanding obligations and liabilities, the remaining assets of the corporation may be dis- (Pub. L. 85–903, § 7, Sept. 2, 1958, 72 Stat. 1740.) tributed in accordance with the determination § 918. Distribution of income or assets to mem- of the board of directors of the corporation and bers; loans in compliance with the constitution and bylaws of the corporation and all Federal and State (a) No part of the income or assets of the cor- laws applicable thereto. Nothing in this section poration shall inure to any officer or director or shall be construed so as to permit any such as- be distributable to any such person. Nothing in sets being distributed to any officer or employee this section, however, shall be construed to pre- or inuring to the benefit of any private person. vent the payment of compensation to the offi- cers or employees of the corporation in amounts (Pub. L. 85–903, § 14, Sept. 2, 1958, 72 Stat. 1741.) approved by the executive committee of the cor- § 925. Acquisition of assets and liabilities of exist- poration. ing corporation (b) The corporation shall not make loans to its officers, directors, or employees. Any director The corporation may acquire the assets of the who votes for or assents to the making of a loan Jewish War Veterans, U.S.A., National Memo- to an officer, director, or employee of the cor- rial, Incorporated, a body corporate organized poration, and any officer who participates in the under the laws of the District of Columbia, upon making of such loan, shall be jointly and sever- discharging or satisfactorily providing for the ally liable to the corporation for the amount of payment and discharge of all of the liabilities of such loan until the repayment thereof. such corporation and upon complying with all (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. payment of dividends 944. Powers of corporation. 945. Membership. The corporation shall have no power to issue 946. Governing body; composition; meetings. any shares of stock or to declare or pay any 947. Officers. dividends. 948. Principal office; agent for service of process. (Pub. L. 85–903, § 11, Sept. 2, 1958, 72 Stat. 1740.) 949. Distribution of income or assets to members; loans. § 922. Books and records; inspection 950. Nonpolitical nature of corporation. 951. Liability for acts of officers and agents. The corporation shall keep correct and com- 952. Prohibition against issuance of stock or pay- plete books and records of account and shall ment of dividends. Page 145 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 944

Sec. (Pub. L. 86–653, § 2, July 14, 1960, 74 Stat. 515.) 953. Books and records; inspection. 954. Repealed. 955. Annual report. § 943. Purposes of corporation 956. Exclusive right to name, emblems, seals, and badges. The purposes of the corporation shall be: To 957. Use of assets on dissolution or liquidation. perpetuate the Blue Star Mothers of America, 958. Reservation of right to amend or repeal chap- Inc., and the memory of all the men and women ter. who have served our country as members of the Armed Forces; the further object of this organi- § 941. Corporation created zation shall be patriotic, educational, social, The following named persons, to wit: Ann and for service; to maintain true allegiance to Clumfoot, Port Huron, Michigan; Audree the Government of the United States; to educate Jonechat, Covina, California; Nettie Ludwig, our members and others not to divulge military, Milwaukee, Wisconsin; Esther Beer, Mansfield, naval, or other Government information; to as- Ohio; Evelyn Lauritson, Cedar Falls, Iowa; Ethel sist in veterans’ ceremonies, to attend patriotic Stevenson, Fresh Meadows, New York; Etta rallies and meetings; to foster true democracy; Drayton, Flint, Michigan; Evelyn Bednar, Mil- to care for the unsupported mothers who gave waukee, Wisconsin; Edna Crorey, Grants Pass, their sons to the service of the Nation; to aid in Oregon; Erma Sweeney, Long Beach, California; bringing about recognition of the need of perma- Josephine Plant, Waterloo, Iowa; Dorothy nent civilian defense for each community and to Christensen, Flint, Michigan; Mary Tracey, ever be alert against invasion of un-American Brooklyn, New York; LaVina Shope, Lima, Ohio; activities; to uphold the American institutions Olga Barnes, Roseburg, Oregon; Levia Jamison, of freedom, justice, and equal rights, and to de- Jamestown, Pennsylvania; Jean Williams, Port fend the United States from all enemies. Orchard, Washington; Ida Alford, Little Rock, (Pub. L. 86–653, § 3, July 14, 1960, 74 Stat. 515.) Arkansas; Edna May Standing, Orange City, Florida; Charlotte Cobb, Chatham, Massachu- § 944. Powers of corporation setts; Ann Sine Gale, Milwaukee, Wisconsin; Ann F. Fetting, Smiths Creek, Michigan; Irene The corporation shall have power— Uhl, Rosemead, California; Hazel Rue Scott, Ar- (1) to have succession by its corporate name; lington, Virginia; Louise Meyerhoff, Queens Vil- (2) to sue and be sued, complain and defend lage, New York; Ivah Jones, Long Beach, Cali- in any court of competent jurisdiction; fornia; Florence Brown, Pontiac, Michigan; (3) to adopt, use, and alter a corporate seal; Erma Hoffman, Columbus, Ohio; Nellie (4) to choose such officers, managers, agents, Leonhardt, Detroit, Michigan; and all past na- and employees as the activities of the corpora- tional presidents, and their successors, retiring tion may require; or leaving their office in good standing, are cre- (5) to adopt, amend and alter a constitution ated and declared to be a body corporate of the and bylaws; not inconsistent with the laws of District of Columbia, where its legal domicile the United States or of any State in which the shall be, by the name of the Blue Star Mothers corporation is to operate, for the management of America, Inc. (hereinafter referred to as the of its property and the regulation of its af- corporation), and by such name shall be known fairs; and have perpetual succession and the powers, (6) to contract and be contracted with; limitations, and restrictions herein contained. (7) to take by lease, gift, purchase, grant, de- vise, or bequest from any public body or agen- (Pub. L. 86–653, § 1, July 14, 1960, 74 Stat. 515.) cy or any private corporation, association, REFERENCES IN TEXT partnership, firm, or individual and to hold ab- Herein, referred to in text, means Pub. L. 86–653, July solutely or in trust for any of the purposes of 14, 1960, 74 Stat. 515, as amended, which is classified the corporation any property, real, personal, generally to this chapter. For complete classification or mixed, necessary or convenient for attain- of this Act to the Code, see Tables. ing the objects and carrying into effect the purposes of the corporation, subject, however, CODIFICATION to applicable provisions of law of any State A provision of this section requiring the persons (A) governing the amount of or kind of prop- named in this section to file a copy of this chapter with erty which may be held by, or (B) otherwise the Superintendent of Corporations of the District of limiting or controlling the ownership of prop- Columbia within fifteen days after July 14, 1960, was omitted from the Code. erty by, a corporation operating in such State; (8) to transfer, convey, lease, sublease, mort- SECTION REFERRED TO IN OTHER SECTIONS gage, encumber and otherwise alienate real, This section is referred to in section 942 of this title. personal, or mixed property; and (9) to borrow money for the purpose of the § 942. Completion of organization corporation, issue bonds therefor, and secure 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 necessary for such purpose. (Pub. L. 86–653, § 4, July 14, 1960, 74 Stat. 516.) § 945 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 146

§ 945. Membership District of Columbia’’ means the Mayor of the District of Columbia or any agent designated by Eligibility: A mother, adopted mother, or him to perform the functions vested by this stepmother (a stepmother eligible for member- chapter in the Superintendent of Corporations. ship in the Blue Star Mothers of America, Inc., can claim that eligibility only if she has given (Pub. L. 86–653, § 8, July 14, 1960, 74 Stat. 517; 1967 a mother’s care to the stepchild from the age of Reorg. Plan No. 3, § 401, eff. Aug. 11, 1967, 32 F.R. thirteen or under), living in the United States, 11669, 81 Stat. 951; Pub. L. 93–198, title IV, § 421, of a son or daughter serving in the Armed Dec. 24, 1973, 87 Stat. 789.) Forces of the United States, or having a son or TRANSFER OF FUNCTIONS daughter who has served, or has been honorably Except as otherwise provided in Reorg. Plan No. 3 of discharged from the Armed Forces of the United 1967, eff. Aug. 11, 1967 (in part), 32 F.R. 11669, 81 Stat. States in World War II or the Korean hostilities. 948, all functions of the Board of Commissioners of the The term ‘‘Armed Forces’’ shall include the District of Columbia were transferred to the Commis- United States Army; United States Navy; sioner of the District of Columbia by section 401 of United States Marines; United States Air Force; Reorg. Plan No. 3 of 1967. The office of Commissioner of United States Coast Guard; National Guard; the District of Columbia, as established by Reorg. Plan United States Army Reserves; United States No. 3 of 1967, was abolished as of noon Jan. 2, 1975, by Navy Reserves; United States Marine Reserves; Pub. L. 93–198, title VII, § 711, Dec. 24, 1973, 87 Stat. 818, and replaced by the office of Mayor of the District of United States Air Force Reserves; United States Columbia by section 421 of Pub. L. 93–198, classified to Coast Guard Reserves; United States Naval Mili- section 1–241 of the District of Columbia Code. Accord- tia; merchant marines; and the armed home ingly, ‘‘Mayor’’ was substituted for ‘‘commissioners’’ guards who have served on active duty. and ‘‘him’’ for ‘‘them’’. (Pub. L. 86–653, § 5, July 14, 1960, 74 Stat. 516.) § 949. Distribution of income or assets to mem- bers; loans § 946. Governing body; composition; meetings (a) No part of the income or assets of the cor- The supreme governing authority of the cor- poration shall inure to any of its members or of- poration shall be the national convention there- ficers as such, or be distributable to any of them of, composed of such officers and elected rep- during the life of the corporation or upon its dis- resentatives from the several States and other solution or final liquidation. Nothing in this local subdivisions of the corporate organization subsection, however, shall be construed to pre- as shall be provided by the constitution and by- vent the payment of compensation to officers of laws: Provided, That the form of the government the corporation or reimbursement for actual of the corporation shall always be representa- necessary expenses in amounts approved by the tive of the membership at large and shall not council of administration of the corporation. permit the concentration of control thereof in (b) The corporation shall not make loans to its the hands of a limited number of members or in officers or employees. Any member of the coun- a self-perpetuating group not so representative. cil of administration who votes for or assents to The meetings of the national convention may be the making of a loan or advance to any officer held in any State or Territory or in the District or employee of the corporation, and any officer of Columbia. who participates in the making of such loan or (Pub. L. 86–653, § 6, July 14, 1960, 74 Stat. 516.) advance, shall be jointly and severally liable to the corporation for the amount of such loan § 947. Officers until the repayment thereof. The officers of the corporation shall be se- (Pub. L. 86–653, § 9, July 14, 1960, 74 Stat. 517.) lected in such manner and for such terms and with such duties and titles as may be prescribed § 950. Nonpolitical nature of corporation in the constitution and bylaws of the corpora- The corporation and its officers and agents as tion. such shall not contribute to any political party (Pub. L. 86–653, § 7, July 14, 1960, 74 Stat. 517.) or candidate for public office. (Pub. L. 86–653, § 10, July 14, 1960, 74 Stat. 517.) § 948. Principal office; agent for service of proc- 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 (Pub. L. 86–653, § 11, July 14, 1960, 74 Stat. 517.) process, notice, or demand for the corporation, and service of such process, notice, or demand § 952. Prohibition against issuance of stock or required or permitted by law to be served upon payment of dividends the corporation may be served upon such agent. The corporation shall have no power to issue The corporation shall file with the Superintend- any shares of stock or to declare or pay any ent of Corporations of the District of Columbia dividends. a statement designating the initial and each successor registered agent of the corporation (Pub. L. 86–653, § 12, July 14, 1960, 74 Stat. 517.) and the initial and each successor registered of- § 953. Books and records; inspection fice of the corporation immediately following any such designation. As used in this chapter The corporation shall keep correct and com- the term ‘‘Superintendent of Corporations of the plete books and records of account and shall Page 147 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 971 keep minutes of the proceedings of its national Sec. conventions and council of administration. All (b) Tenure. (c) Duties. books and records of the corporation may be in- 978. Officers. spected by any member, or his agent or attor- 979. Distribution of income or assets to members; ney, for any proper purpose, at any reasonable loans. time. 980. Nonpolitical nature of corporation. 981. Liability for acts of officers and agents. (Pub. L. 86–653, § 13, July 14, 1960, 74 Stat. 518.) 982. Prohibition against issuance of stock or pay- ment of dividends. § 954. Repealed. Pub. L. 88–504, § 4(33), Aug. 30, 983. Books and records; inspection. 1964, 78 Stat. 637 984. Repealed. 985. Use of assets on dissolution or liquidation. Section, Pub. L. 86–653, § 14, July 14, 1960, 74 Stat. 518, 986. Duration of corporation. related to audit of financial transactions and report of 987. Acquisition of assets and liabilities of exist- such audit to Congress. See sections 1101 to 1103 of this ing corporation. title. 988. Reservation of right to amend or repeal chap- ter. § 955. Annual report § 971. Corporation created On or before March 1 of each year the corpora- tion shall report to the Congress on its activi- The following persons: K. S. Adams, Bartles- ties during the preceding fiscal year. Such re- ville, Oklahoma; Evelyn H. Alden, Wellsville, port may consist of a report on the proceedings Kansas; Ray N. Ammon, Saint Joseph, Missouri; of the national convention covering such fiscal Clinton P. Anderson, Albuquerque, New Mexico; year. Such report shall not be printed as a pub- Charles Baker, Walla Walla, Washington; L. Y. lic document. Ballentine, Raleigh, North Carolina; Harry J. Beernink, Seattle, Washington; Charles Dana (Pub. L. 86–653, § 15, July 14, 1960, 74 Stat. 518.) Bennett, Washington, District of Columbia; Ezra § 956. Exclusive right to name, emblems, seals, Taft Benson, Washington, District of Columbia; and badges Charles F. Brannan, Denver, Colorado; D. W. Brooks, Atlanta, Georgia; John T. Brown, The corporation and its subordinate divisions Racine, Wisconsin; John M. Budd, Saint Paul, shall have the sole and exclusive right to use the Minnesota; George S. Bulkley, Los Angeles, name, ‘‘Blue Star Mothers of America, Inc.’’, California; Lee M. Burge, Reno, Nevada; Frank and no other organization shall use the name Carlson, Concordia, Kansas; Edward D. Car- ‘‘Blue Star Mothers of America, Inc.’’. The cor- penter, Cassville, Wisconsin; Richard O. Com- poration shall have the exclusive and sole right fort, New York, New York; Harold D. Cooley, to use, or to allow or refuse the use of, such em- Nashville, North Carolina; Howard A. Cowden, blems, seals, and badges as have heretofore been Kansas City, Missouri; Lester Cox, Springfield, used by the Blue Star Mothers of America. Missouri; Harry Darby, Kansas City, Kansas; A. (Pub. L. 86–653, § 16, July 14, 1960, 74 Stat. 518.) F. Davis, Cleveland, Ohio; Chester Davis, San Marino, California; Clark W. Davis, Wilmington, § 957. Use of assets on dissolution or liquidation Delaware; Gladys L. Dawes, Colby, Kansas; D. Howard Doane, McCredie, Missouri; Cyrus Upon dissolution or final liquidation of the Eaton, Cleveland, Ohio; Clyde T. Ellis, Washing- corporation, after discharge or satisfaction of ton, District of Columbia; Victor Emanuel, New all outstanding obligations and liabilities, the York, New York; Sterling Evans, Houston, remaining assets, if any, of the corporation shall Texas; E. H. Fallon, Ithaca, New York; James C. be distributed in accordance with the deter- Farmer, Keene, New Hampshire; John D. 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 (Pub. L. 86–653, § 17, July 14, 1960, 74 Stat. 518.) Columbia; F. V. Heinkel, Columbia, Missouri; 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 The right to alter, amend, or repeal this chap- D. Hill, Birmingham, Michigan; William S. Hill, ter is expressly reserved. Fort Collins, Colorado; Harold Hogue, Dalhart, 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- ties; agent for service of process. James McGuire, Topeka, Kansas; Wheeler 976. Membership; voting rights. McMillen, Philadelphia, Pennsylvania; George 977. Governing body. S. McIntyre, Lansing, Michigan; Bob Miller, (a) Composition. Cincinnati, Ohio; E. W. Mueller, Chicago, Illi- § 972 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 148 nois; Carl F. Newman, Chicago, Illinois; Her- of any private shareholder or individual, or any schel D. Newsom, Washington, District of Co- substantial part of the activities of which is car- lumbia; E. M. Norton, Washington, District of rying on propaganda, or otherwise attempting to Columbia; James G. Patton, Denver, Colorado; influence legislation. The detailed purposes J. C. Penney, New York, New York; Clarence hereinafter set forth shall at all times be subject Poe, Raleigh, North Carolina; J. Stuart Russell, to and in furtherance of the provisions con- Des Moines, Iowa; Ruth Buxton Sayre, tained in this paragraph. Ackworth, Iowa; Paul F. Sharp, Berkeley, Cali- (B) To honor farmers, farm women, farm lead- fornia; Frank M. Shay, San Jose, California; ers, teachers, scientists, inventors, govern- Charles B. Shuman, Chicago, Illinois; Virginia mental leaders and other individuals who have Smith, Chappell, Nebraska; W. T. Spanton, helped make this Nation great by their out- Washington, District of Columbia; J. K. Stern, standing contributions to the establishment, de- Washington, District of Columbia; Paul Swaffar, velopment, advancement or improvement of ag- Kansas City, Missouri; Ben Swigart, Mooreland, riculture in the United States of America. Oklahoma; Jesse W. Tapp, Los Angeles, Califor- (C) To perpetuate the memory of such persons nia; Ray Teagarden, La Cygne, Kansas; M. W. and record their contributions and achievements Thatcher, St. Paul, Minnesota; R. B. Tootell, by the erection and maintenance of such build- Washington, District of Columbia; Harry S. Tru- ings, monuments, and edifices as may be deemed man, Independence, Missouri; Rod Turnbull, appropriate as a lasting memorial. (D) To foster, promote, and encourage a great- Kansas City, Missouri; Herbert W. Voorhees, er sense of appreciation of the dignity and im- Trenton, New Jersey; Jerry Voorhis, Chicago, Il- portance of agriculture, historically carried out linois; Orville F. Walker, Kalkaska, Michigan; through owner-operated farms, and the part it James Wall, Waverly, Nebraska; Henry A. Wal- has played in developing those social, economic, lace, South Salem, New York; Claude R. and spiritual values which are essential in main- Wickard, Camden, Indiana; Oliver S. Willham, taining the free and democratic institutions of Stillwater, Oklahoma; D. A. Williams, St. Paul, our Republic. Minnesota; Robert E. Wood, Chicago, Illinois; (E) To establish and maintain a library and Obed Wyum, Rutland, North Dakota; O. E. museum for the collection and preservation for Zacharias, Junior, Richmond, Virginia; and posterity of agricultural tools, implements, ma- their associates and successors, are hereby cre- chines, vehicles, pictures, paintings, books, pa- ated and declared to be a body corporate by the pers, documents, data, relics, mementos, arti- name of the Agricultural Hall of Fame (herein- facts, and other items and things relating to ag- after referred to as the ‘‘corporation’’) and by riculture. such name shall be known and have perpetual (F) To cooperate with other organizations succession and the powers, limitations and re- which are interested in similar projects. strictions herein contained. (G) To engage in any and all activities inci- (Pub. L. 86–680, § 1, Aug. 31, 1960, 74 Stat. 572.) dental thereto or necessary, suitable, or proper for the accomplishment of any of the aforemen- REFERENCES IN TEXT tioned purposes. Herein, referred to in text, means Pub. L. 86–680, Aug. (Pub. L. 86–680, § 3, Aug. 31, 1960, 74 Stat. 573.) 31, 1960, 74 Stat. 572, as amended, which is classified generally to this chapter. For complete classification § 974. Powers of corporation of this Act to the Code, see Tables. The corporation shall have power— SECTION REFERRED TO IN OTHER SECTIONS (1) to have succession by its corporate name; This section is referred to in sections 972, 977 of this (2) to sue and be sued, complain and defend title. in any court of competent jurisdiction; (3) to adopt, use, and alter a corporate seal; § 972. Completion of organization (4) to choose such officers, managers, agents, and employees as the business of the corpora- A majority of the persons named in section 971 tion may require; of this title are authorized to complete the orga- (5) to adopt, amend, and alter bylaws, not in- nization of the corporation by the selection of consistent with the laws of the United States officers and employees, the adoption of bylaws, or any State in which the corporation is to op- not inconsistent with this chapter, and the erate, for the management of its property and doing of such other acts as may be necessary for the regulation of its affairs; such purpose. (6) to contract and be contracted with; (7) to take by lease, gift, purchase, grant, de- (Pub. L. 86–680, § 2, Aug. 31, 1960, 74 Stat. 573.) vise, or bequest from any private corporation, § 973. Purposes of corporation association, partnership, firm, or individual and to hold any property, real, personal, or The purposes of the corporation shall be: mixed, necessary or convenient for attaining (A) To receive and maintain a fund or funds, the objects and carrying into effect the pur- and to use and apply the whole or any part of poses of the corporation, subject, however, to the income therefrom, and the principal thereof, applicable provisions of law of any State (A) exclusively for charitable, scientific, literary, or governing the amount or kind of property educational purposes either directly or by con- which may be held by, or (B) otherwise limit- tributions to organizations duly authorized to ing or controlling the ownership of property carry on similar activities: Provided, however, by, a corporation operating in such State; That no part of such income or principal shall (8) to transfer, convey, lease, sublease, en- be contributed to any organization whose net cumber and otherwise alienate real, personal earnings or any part thereof inure to the benefit or mixed property; and Page 149 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 983

(9) to borrow money for the purposes of the § 978. Officers corporation, issue bonds therefor, and secure (a) The officers of the corporation shall be a the same by mortgage, deed of trust, pledge or president, one or more vice presidents (as may otherwise, subject in every case to all applica- be prescribed in the bylaws of the corporation), ble provisions of Federal and State laws. a secretary, a treasurer, one or more assistant (Pub. L. 86–680, § 4, Aug. 31, 1960, 74 Stat. 574.) secretaries and assistant treasurers, and such other officers as may be provided in the bylaws. § 975. Principal office; territorial scope of activi- (b) The officers of the corporation shall be ties; agent for service of process elected in such manner and for such terms and (a) The principal office of the corporation with such duties as may be prescribed in the by- shall be located in Kansas City, Kansas, or in laws of the corporation. such other place as may be later determined by (Pub. L. 86–680, § 8, Aug. 31, 1960, 74 Stat. 575.) the board of governors, but the activities of the corporation shall not be confined to that place, § 979. Distribution of income or assets to mem- but may be conducted throughout the various bers; loans States, Territories and possessions of the United (a) No part of the income or assets of the cor- States. poration shall inure to any of its members, gov- (b) The corporation shall have in the District ernors, or officers as such, or be distributable to of Columbia at all times a designated agent au- any of them during the life of the corporation or thorized to accept service of process for the cor- upon its dissolution or final liquidation. Noth- poration; and notice to or service upon such ing in this subsection, however, shall be con- agent shall be deemed notice to or service upon strued to prevent the payment of compensation the corporation. to officers and employees of the corporation in (Pub. L. 86–680, § 5, Aug. 31, 1960, 74 Stat. 574.) amounts approved by the board of governors of the corporation. § 976. Membership; voting rights (b) The corporation shall not make loans to its members, governors, officers, or employees. Any (a) Eligibility for membership in the corpora- governor who votes for or assents to the making tion and the rights, privileges and designation of of a loan or advance to a member, officer, gov- classes of members shall, except as provided in ernor or employee of the corporation, and any this chapter, be determined as the bylaws of the officer who participates in the making of such a corporation may provide. loan or advance, shall be jointly and severally (b) Each member of the corporation given vot- liable to the corporation for the amount of such ing rights by the bylaws shall have the right to loan until the repayment thereof. one vote on each matter submitted to a vote at all meetings of the voting members of the cor- (Pub. L. 86–680, § 9, Aug. 31, 1960, 74 Stat. 575.) poration, which vote may be cast in such man- § 980. Nonpolitical nature of corporation ner as the bylaws may prescribe. The corporation and its members, governors, (Pub. L. 86–680, § 6, Aug. 31, 1960, 74 Stat. 575.) officers, and employees as such shall not con- § 977. Governing body tribute to or otherwise support or assist any po- litical party or candidate for public office. (a) Composition (Pub. L. 86–680, § 10, Aug. 31, 1960, 74 Stat. 576.) Upon the enactment of this chapter the mem- bership of the initial board of governors of the § 981. Liability for acts of officers and agents corporation shall consist of the persons named in section 971 of this title, their survivors and The corporation shall be liable for the acts of such additional persons, if any, as shall be its officers and agents when acting within the named by them. scope of their authority. (b) Tenure (Pub. L. 86–680, § 11, Aug. 31, 1960, 74 Stat. 576.) Thereafter, the board of governors of the cor- § 982. Prohibition against issuance of stock or poration shall consist of such number (not less payment of dividends than fifteen), shall be selected in such manner The corporation shall have no power to issue (including the filling of vacancies), and shall any shares of stock or to declare or pay any serve for such term as may be provided in the dividends. bylaws of the corporation. (c) Duties (Pub. L. 86–680, § 12, Aug. 31, 1960, 74 Stat. 576.) The board of governors shall be the governing § 983. Books and records; inspection body of the corporation and, during the inter- The corporation shall keep correct and com- vals between the meetings of members, shall be plete books and records of account and shall responsible for the general policies and program keep minutes of the proceedings of its members, of the corporation and for the control of all board of governors, and committees having any funds of the corporation. The board of governors of the authority of the board of governors; and may appoint committees which shall have and it shall also keep at its principal office a record exercise such powers as may be prescribed in the of the names and addresses of its members enti- bylaws or by resolution of the board of gov- tled to vote. All books and records of the cor- ernors, and which may be all of the powers of poration may be inspected by any member enti- the board of governors. tled to vote, or his agent or attorney, for any (Pub. L. 86–680, § 7, Aug. 31, 1960, 74 Stat. 575.) proper purpose, at any reasonable time. § 984 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 150

(Pub. L. 86–680, § 13, Aug. 31, 1960, 74 Stat. 576.) Sec. 1018. Acquisition of assets and liabilities of exist- § 984. Repealed. Pub. L. 88–504, § 4(34), Aug. 30, ing corporation. 1964, 78 Stat. 637 1019. Use of assets on dissolution or liquidation. 1020. Reservation of right to amend or repeal chap- Section, Pub. L. 86–680, § 14, Aug. 31, 1960, 74 Stat. 576, ter. related to audit of financial transactions and report of such audit to Congress. See sections 1101 to 1103 of this § 1001. Corporation created title. The following persons, to wit: § 985. Use of assets on dissolution or liquidation President: Mabel R. Ginder, Toledo, Ohio; Upon dissolution or final liquidation of the Senior vice president: Jessie Johnston, Chey- corporation, after discharge or satisfaction of enne, Wyoming; all outstanding obligations and liabilities, the Junior vice president: Irene Randolph, Min- remaining assets, if any, of the corporation shall neapolis, Minnesota; be distributed in accordance with the deter- Secretary: Bessie K. Coughlin, Providence, mination of the board of governors of the cor- Rhode Island; poration and in compliance with the charter and Treasurer: Ocie M. Tumey, Springfield, Illi- bylaws of the corporation and all Federal and nois, executive officers; State laws applicable thereto. Legislative committee: Laura I. Smith, chair- man, 16 Temple Street, Providence, Rhode Is- (Pub. L. 86–680, § 15, Aug. 31, 1960, 74 Stat. 577.) land; Ethel Ferris Hasenbuhler, Washington, § 986. Duration of corporation District of Columbia; and Marie Morgan, Indian- apolis, Indiana; The duration of the corporation shall be per- Past national presidents: Cora M. Davis, petual. Nehalem, Oregon; Catherine McBride Hoster, In- (Pub. L. 86–680, § 16, Aug. 31, 1960, 74 Stat. 577.) dianapolis, Indiana; Annie Poole Atwood, Wollaston, Massachusetts; Beatrice J. Tyson, § 987. Acquisition of assets and liabilities of exist- DeBary, Florida; Lizetta Coady, Detroit, Michi- ing corporation gan; Mary J. Love, Louisville, Kentucky; Ida The corporation may acquire the assets of the Heacock Baker, Parsons, Kansas; Elizabeth L. Agricultural Hall of Fame, a general not-for- Kothe, Parkersburg, Iowa; Grace Houlette Hahn, profit corporation organized under the laws of Miami, Florida; Louise Haider, Santa Barbara, the State of Missouri, upon discharging or satis- California; Anne Anschutz, Saint Louis, Mis- factorily providing for the payment and dis- souri; Laura I. Smith, Providence, Rhode Island; charge of all of the liabilities of such corpora- Alice F. Larson, Minot, North Dakota; Grayce tion. L. Vedetta, Brooklyn, New York; Harriette G. McCollough, Des Moines, Iowa; Eula M. Nelson, (Pub. L. 86–680, § 17, Aug. 31, 1960, 74 Stat. 577.) Springfield, Illinois; Daisy Heinemann, Milwau- kee, Wisconsin; Grace L. Johnson, Toledo, Ohio; § 988. Reservation of right to amend or repeal Ruth E. Johnson, Bellflower, California; Lucille chapter V. Rand, Worcester, Massachusetts; Gertrude M. The right to alter, amend, or repeal this chap- Edwards, Iroquois, South Dakota; Bessie K. ter is expressly reserved. Coughlin, Providence, Rhode Island; Elizabeth (Pub. L. 86–680, § 18, Aug. 31, 1960, 74 Stat. 577.) Jeans, Saint Louis, Missouri; and Josephine E. Parkhurst, Pulaski, New York, and their succes- CHAPTER 40—NATIONAL WOMAN’S RELIEF sors, are created and declared to be a body cor- CORPS, AUXILIARY TO THE GRAND ARMY porate of the District of Columbia, where its OF THE REPUBLIC legal domicile shall be, by the name of the Na- tional Woman’s Relief Corps, Auxiliary to the Sec. Grand Army of the Republic (hereafter referred 1001. Corporation created. 1002. Completion of organization. to as the corporation), and by such name shall 1003. Purposes of corporation. be known and have perpetual succession and the 1004. Powers of corporation. powers, limitations and restrictions herein con- 1005. Membership. tained. 1006. Governing body. 1007. Governing board. (Pub. L. 87–650, § 1, Sept. 7, 1962, 76 Stat. 502.) (a) Executive officers. (b) Initial officers. REFERENCES IN TEXT (c) Council of administration. Herein, referred to in text, means Pub. L. 87–650, 1008. Officers. Sept. 7, 1962, 76 Stat. 502, as amended, which is classi- 1009. Principal office; territorial scope of activi- fied generally to this chapter. For complete classifica- ties; agent for service of process. tion of this Act to the Code, see Tables. 1010. Distribution of income or assets to members; loans. CODIFICATION 1011. Nonpolitical nature of corporation. A provision of this section requiring the persons 1012. Liability for acts of officers and agents. named in this section to file a copy of this chapter with 1013. Prohibition against issuance of stock or pay- the Superintendent of Corporations of the District of ment of dividends. Columbia within fifteen days after Sept. 7, 1962, has 1014. Books and records; inspection. been omitted from the Code. 1015. Repealed. 1016. Annual report. SECTION REFERRED TO IN OTHER SECTIONS 1017. Exclusive right to name, emblems, seals, and badges. This section is referred to in section 1002 of this title. Page 151 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 1008

§ 1002. Completion of organization § 1005. Membership A majority of the persons named in section Eligibility for membership in the corporation 1001 of this title, acting in person or by written and the rights, privileges, and designation of proxy, are authorized to complete the organiza- classes of members shall, except as provided in tion of the corporation by the selection of offi- this chapter, be determined as the constitution cers, the adoption of a constitution and bylaws and bylaws of the corporation may provide. Eli- not inconsistent with this chapter, and the gibility for membership in the corporation shall doing of such other acts as may be necessary for be women, who are the wives, mothers, daugh- such purpose. ters, and sisters of Union soldiers, sailors, and (Pub. L. 87–650, § 2, Sept. 7, 1962, 76 Stat. 503.) marines and other loyal women, who have not given aid or comfort to the enemies of the § 1003. Purposes of corporation United States of America. The purposes of the corporation shall be: To (Pub. L. 87–650, § 5, Sept. 7, 1962, 76 Stat. 503.) perpetuate the memory of the Grand Army of § 1006. Governing body the Republic, as we the National Woman’s Relief Corps are their auxiliary and were organized at The supreme governing authority of the cor- their request in 1883, and of men who saved the poration shall be the national convention there- Union in 1861 to 1865; to assist in every prac- of, composed of such officers and elected rep- ticable way in the preservation and making resentatives from the several States as shall be available for research of documents and records provided by the rules and regulations: Provided, pertaining to the Grand Army of the Republic That the form of the government of the corpora- and its members; to cooperate in doing honor to tion shall always be representative of the mem- all those who have patriotically served our bership at large and shall not permit the con- country in any war; to teach patriotism and the centration of the control thereof in the hands of duties of citizenship, the true history of our a limited number of members or in a self-perpet- country, and the love and honor of our flag; to uating group not so representative. The meet- oppose every tendency or movement that would ings of the national convention may be held in weaken loyalty to, or make for the destruction any State or in the District of Columbia. or impairment of, our constitutional Union; and (Pub. L. 87–650, § 6, Sept. 7, 1962, 76 Stat. 504.) to inculcate and broadly sustain the American principles of representative government, of § 1007. Governing board equal rights, and of impartial justice for all. (a) Executive officers (Pub. L. 87–650, § 3, Sept. 7, 1962, 76 Stat. 503.) During the intervals between the national § 1004. Powers of corporation convention the executive officers shall be the governing board of the corporation and shall be The corporation shall have power— held responsible for the general policies, pro- (1) to have succession by its corporate name; gram, and activities of the corporation. (2) to sue and be sued, complain and defend (b) Initial officers in any court of competent jurisdiction; (3) to adopt, use, and alter a corporate seal; Upon the enactment of this chapter the mem- (4) to choose such officers, as the corpora- bership of the initial executive officers of the tion may require; corporation shall consist of the executive offi- (5) to adopt, amend, and alter a constitution cers of the National Woman’s Relief Corps, Aux- and bylaws; not inconsistent with the laws of iliary to the Grand Army of the Republic, the 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 Thereafter, the council of administration of hold absolutely or in trust for any of the pur- the corporation shall consist of not less than poses of the corporation any property, real, seven members elected in the manner and for personal, or mixed, necessary or convenient the term as may be prescribed in the constitu- for attaining the objects and carrying into ef- tion and bylaws of the corporation. fect the purposes of the corporation, subject, 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 REFERENCES IN TEXT property which may be held by, or (B) other- Upon the enactment of this chapter, referred to in wise limiting or controlling the ownership of subsec. (b), means the enactment of Pub. L. 87–650, property by, a corporation operating in such which was enacted Sept. 7, 1962. State; and (8) to transfer, convey, lease, sublease, en- § 1008. Officers cumber, and otherwise alienate real, personal, The officers of the corporation shall be a na- or mixed property. tional president, senior vice national president, (Pub. L. 87–650, § 4, Sept. 7, 1962, 76 Stat. 503.) junior vice national president, secretary and § 1009 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 152 treasurer (which latter two offices may be held making of a loan or advance to an officer or by one person), and such other officers as may member of the corporation, and any officer who be prescribed in the constitution and bylaws. participates in the making of such a loan or ad- The officers of the corporation shall be elected vance, shall be jointly and severally liable to in such manner and for such terms and with the corporation for the amount of such loan such duties and titles as may be prescribed in until the repayment thereof. the constitution and bylaws of the corporation. (Pub. L. 87–650, § 10, Sept. 7, 1962, 76 Stat. 504.) (Pub. L. 87–650, § 8, Sept. 7, 1962, 76 Stat. 504.) § 1011. Nonpolitical nature of corporation § 1009. Principal office; territorial scope of activi- ties; agent for service of process The corporation and its officers and agents as such shall not contribute to or otherwise sup- (a) The principal office of the corporation port or assist any political party or candidate shall be located in Springfield, Illinois, but the for public office. activities of the corporation shall not be con- fined to that place, but may be conducted (Pub. L. 87–650, § 11, Sept. 7, 1962, 76 Stat. 505.) throughout the various States, and the District § 1012. Liability for acts of officers and agents of Columbia, of the United States. (b) The corporation shall have in the District The corporation shall be liable for the acts of of Columbia at all times a designated agent au- its officers and agents when acting within the thorized to accept service of process, notice, or scope of their authority. demand for the corporation, and service of such (Pub. L. 87–650, § 12, Sept. 7, 1962, 76 Stat. 505.) process, notice or demand required or permitted by law to be served upon the corporation may be § 1013. Prohibition against issuance of stock or served upon such agent. The corporation shall payment of dividends file with the Superintendent of Corporations of the District of Columbia a statement designat- The corporation shall have no power to issue ing the initial and each successor registered any shares of stock or to declare or pay any agent of the corporation immediately following dividends. any such designation. As used in this chapter (Pub. L. 87–650, § 13, Sept. 7, 1962, 76 Stat. 505.) the term ‘‘Superintendent of Corporations of the District of Columbia’’ means the Mayor of the § 1014. Books and records; inspection District of Columbia or any agent designated by The corporation shall keep correct and com- him to perform the functions vested by this plete books and records of account and shall chapter in the Superintendent of Corporations. keep minutes of the proceedings of its national (Pub. L. 87–650, § 9, Sept. 7, 1962, 76 Stat. 504; 1967 convention. All books and records of the cor- Reorg. Plan No. 3, § 401, eff. Aug. 11, 1967, 32 F.R. poration may be inspected by any member, or 11669, 81 Stat. 951; Pub. L. 93–198, title IV, § 421, his agent or attorney, for any proper purpose at Dec. 24, 1973, 87 Stat. 789.) any reasonable time.

TRANSFER OF FUNCTIONS (Pub. L. 87–650, § 14, Sept. 7, 1962, 76 Stat. 505.)

Except as otherwise provided in Reorg. Plan No. 3 of § 1015. Repealed. Pub. L. 88–504, § 4(35), Aug. 30, 1967, eff. Aug. 11, 1967 (in part), 32 F.R. 11669, 81 Stat. 948, all functions of the Board of Commissioners of the 1964, 78 Stat. 638 District of Columbia were transferred to the Commis- Section, Pub. L. 87–650, § 15, Sept. 7, 1962, 76 Stat. 505, sioner of the District of Columbia by section 401 of related to audit of financial transactions and report of 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 re- § 1010. Distribution of income or assets to mem- port on the proceedings of the national conven- bers; loans tion covering such fiscal year. Such report shall not be printed as a public document. (a) No part of the income or assets of the cor- poration shall inure to any of its members or of- (Pub. L. 87–650, § 16, Sept. 7, 1962, 76 Stat. 505.) ficers 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 this subsection, however, shall be construed to The corporation and its subordinate corps prevent the payment of reasonable compensa- shall have the sole and exclusive right to use the tion to officers of the corporation or reimburse- name, the National Woman’s Relief Corps, Aux- ment for actual necessary expenses in amounts iliary to the Grand Army of the Republic. The approved by the council of administration of the corporation shall have the exclusive and sole corporation. right to use, or to allow or refuse the use of, (b) The corporation shall not make loans to such emblems, seals, and badges as have here- the officers. Any member of the council of ad- tofore been used by the Illinois corporation de- ministration, who votes for or assents to the scribed in section 1018 of this title and the right Page 153 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 1043 to which may be lawfully transferred to the cor- CHAPTER 41—NAVAL SEA CADET CORPS poration. Sec. (Pub. L. 87–650, § 17, Sept. 7, 1962, 76 Stat. 505.) 1041. Corporation created. 1042. Objects and purposes of corporation. § 1018. Acquisition of assets and liabilities of ex- 1043. Completion of organization. isting corporation 1044. Powers of corporation. 1045. Principal office; territorial scope of activi- The corporation may acquire the assets of the ties; agent for service of process. National Woman’s Relief Corps, Auxiliary to the 1046. Membership. Grand Army of the Republic, a corporation orga- 1047. Governing body. nized under the laws of the State of Illinois, (a) Composition. upon discharging or satisfactorily providing for (b) Tenure. the payment and discharge of all the liability of (c) Duties. 1048. Officers. such corporation and upon complying with all 1049. Distribution of income or assets to members; laws of the State of Illinois applicable thereto. loans. (Pub. L. 87–650, § 18, Sept. 7, 1962, 76 Stat. 506.) 1050. Nonpolitical nature of corporation. 1051. Liability for acts of officers and agents. SECTION REFERRED TO IN OTHER SECTIONS 1052. Prohibition against issuance of stock or pay- ment of dividends. This section is referred to in sections 1007, 1017 of this 1053. Books and records; inspection. title. 1054. Repealed. 1055. Use of assets on dissolution or liquidation. § 1019. Use of assets on dissolution or liquidation 1056. Exclusive right to name, emblems, seals, and Upon any dissolution or final liquidation of badges. the corporation, its assets shall be applied and 1057. Acquisition of assets and liabilities of exist- ing corporation. distributed as follows: 1058. Annual report. (a) All liabilities and obligations of the cor- 1059. Reservation of right to amend or repeal chap- poration shall be paid, satisfied, and discharged, ter. or adequate provision shall be made therefor; (b) Assets held by the corporation upon condi- § 1041. Corporation created tion requiring return, transfer or conveyance, The following named persons: John J. Bergen, which condition occurs by reason of the dissolu- William J. Catlett, Junior, Morgan Fitch, tion, shall be returned, transferred or conveyed George Halas, John S. Leahy, Junior, and J. in accordance with such requirements; Paul Marshall; members of the Navy League Na- (c) Assets received and held by the corporation tional Sea Cadet Committee and their associates subject to limitations permitting their use only and successors, are created and declared to be a for charitable, religious, eleemosynary, benevo- body corporate by the name of the Naval Sea lent, educational, or similar purposes, but not Cadet Corps (hereinafter referred to as the ‘‘cor- held upon a condition requiring return, transfer poration’’) and by such name shall be known and or conveyance by reason of the dissolution, shall have perpetual succession and the powers, limi- be transferred or conveyed to one or more do- tations, and restrictions herein contained. mestic or foreign corporations, societies, or or- ganizations engaged in activities of a charitable, (Pub. L. 87–655, § 1, Sept. 10, 1962, 76 Stat. 530.) religious, eleemosynary, benevolent, edu- REFERENCES IN TEXT cational, or similar purpose, pursuant to a plan Herein, referred to in text, means Pub. L. 87–655, of distribution adopted as provided in this chap- Sept. 10, 1962, 76 Stat. 530, as amended, which is classi- ter. fied generally to this chapter. For complete classifica- (d) Other assets, if any, shall be distributed in tion of this Act to the Code, see Tables. accordance with the provisions of the articles of SECTION REFERRED TO IN OTHER SECTIONS incorporation or the bylaws to the extent that 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 § 1042. Objects and purposes of corporation class or classes of members, or provide for dis- tribution to others; The objects and the purposes of the corpora- (e) Any remaining assets may be distributed tion shall be, through organization and coopera- to such persons, societies, organizations or do- tion with the Department of the Navy, to en- mestic or foreign corporations engaged in activi- courage and aid American young people to de- ties not for profit, as may be specified in a plan velop an interest and skill in basic seamanship of distribution adopted by the council of admin- and in its naval adaptations, to train them in istration of the corporation in compliance with seagoing skills and to teach them patriotism, the constitution and bylaws of the corporation courage, self-reliance, and kindred virtues. and all Federal, State, and District of Columbia (Pub. L. 87–655, § 2, Sept. 10, 1962, 76 Stat. 531; laws applicable thereto. Pub. L. 93–504, Nov. 29, 1974, 88 Stat. 1575.) (Pub. L. 87–650, § 19, Sept. 7, 1962, 76 Stat. 506.) AMENDMENTS § 1020. Reservation of right to amend or repeal 1974—Pub. L. 93–504 substituted ‘‘young people’’ for chapter ‘‘boys’’. The right to alter, amend, or repeal this chap- § 1043. Completion of organization ter is expressly reserved. The persons named in section 1041 of this title, (Pub. L. 87–650, § 20, Sept. 7, 1962, 76 Stat. 506.) their associates and successors are hereby au- § 1044 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 154 thorized to complete the organization of the cor- classes of members shall, except as provided in poration by the selection of officers, the adop- this chapter, be determined as the constitution tion of a constitution and bylaws, the promulga- and bylaws of the corporation may provide. tion of rules or regulations that may be nec- (Pub. L. 87–655, § 6, Sept. 10, 1962, 76 Stat. 532.) essary for the accomplishment of the purposes of this corporation, and the doing of such other § 1047. Governing body acts as may be necessary for such purposes. (a) Composition (Pub. L. 87–655, § 3, Sept. 10, 1962, 76 Stat. 531.) Upon the enactment of this chapter and for § 1044. Powers of corporation not more than one year thereafter, the member- ship of the initial board of directors of the cor- The corporation shall have power— poration shall consist of the present members of (1) to have succession by its corporate name; (2) to sue and be sued, complain and defend the board of directors of the Sea Cadet Corps of in any court of competent jurisdiction; America, the corporation described in section (3) to adopt, use, and alter a corporate seal; 1057 of this title, or such of them as may then be (4) to choose such officers, managers, agents, living and are qualified members of said board of and employees as the business of the corpora- directors, to wit: John J. Bergen, William J. tion may require; Catlett, Junior, Morgan Fitch, George Halas, (5) to adopt, amend, and alter a constitution John S. Leahy, Junior, and J. Paull Marshall. and bylaws, not inconsistent with the laws of (b) Tenure the United States or any State in which the Thereafter, the board of directors of the cor- corporation is to operate, for the management poration shall consist of such number (not less of its property and the regulation of its af- than ten and not more than twenty-five), shall fairs; be selected in such manner (including the filling (6) to contract and be contracted with; of vacancies), and shall serve for such term as (7) to take by lease, gift, purchase, grant, de- may be prescribed in the constitution and by- vise, or bequest from any private corporation, laws of the corporation. association, partnership, firm or individual and to hold any property, real, personal or (c) Duties mixed, necessary or convenient for attaining The board of directors shall be the governing the objects and carrying into effect the pur- board of the corporation, and shall be respon- poses of the corporation, subject, however, to sible for the general policies and program of the applicable provisions of law of any State (A) corporation and for the control of all funds of governing the amount or kind of property the corporation. which may be held by or (B) otherwise limit- (Pub. L. 87–655, § 7, Sept. 10, 1962, 76 Stat. 532.) ing or controlling the ownership of property by, a corporation operating in such State; REFERENCES IN TEXT (8) to transfer, convey, lease, sublease, en- Upon the enactment of this chapter, referred to in cumber and otherwise alienate real, personal, subsec. (a), means the enactment of Pub. L. 87–655, or mixed property; and which was enacted Sept. 10, 1962. (9) to borrow money for the purposes of the corporation, issue bonds therefor, and secure § 1048. Officers the same by mortgage, deed of trust, pledge or (a) The officers of the corporation shall be a otherwise, subject in every case to all applica- president, one or more vice presidents (as may ble provisions of Federal and State laws. be prescribed in the constitution and bylaws of (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 compensa- tion 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 cor- poration. § 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 Page 155 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 1071 or advance to an officer, director, or employee of poses, distinctive insignia, emblems and badges, the corporation, and any officer who partici- descriptive or designating marks, and words or pates in the making of such a loan or advance, phrases, as may be required in the furtherance shall be jointly and severally liable to the cor- of its functions. No powers or privileges granted poration for the amount of such loan until the shall, however, interfere or conflict with estab- repayment thereof. lished or vested rights. (Pub. L. 87–655, § 9, Sept. 10, 1962, 76 Stat. 532.) (Pub. L. 87–655, § 16, Sept. 10, 1962, 76 Stat. 533.)

§ 1050. Nonpolitical nature of corporation § 1057. Acquisition of assets and liabilities of ex- isting corporation The corporation, and its officers and directors as such, shall not contribute to or otherwise The corporation may acquire the assets of the support or assist any political party or can- Sea Cadet Corps of America, a corporation orga- didate for public office. nized under the laws of the State of Washington, upon discharging or satisfactorily providing for (Pub. L. 87–655, § 10, Sept. 10, 1962, 76 Stat. 532.) the payment and discharge of all of the liability of such corporation and upon complying with all § 1051. Liability for acts of officers and agents laws of the State of Washington applicable The corporation shall be liable for the acts of thereto. its officers and agents when acting within the (Pub. L. 87–655, § 17, Sept. 10, 1962, 76 Stat. 534.) scope of their authority. SECTION REFERRED TO IN OTHER SECTIONS (Pub. L. 87–655, § 11, Sept. 10, 1962, 76 Stat. 533.) This section is referred to in section 1047 of this title. § 1052. Prohibition against issuance of stock or § 1058. Annual report payment of dividends The corporation shall report annually to the The corporation shall have no power to issue Secretary of the Navy concerning its proceed- any shares of stock or to declare or pay any ings and activities for the preceding calendar dividends. years. The Secretary of the Navy shall commu- (Pub. L. 87–655, § 12, Sept. 10, 1962, 76 Stat. 533.) nicate to Congress the whole of such reports, or such portion thereof as he shall see fit. § 1053. Books and records; inspection (Pub. L. 87–655, § 18, Sept. 10, 1962, 76 Stat. 534.) The corporation shall keep correct and com- plete books and records of account and shall § 1059. Reservation of right to amend or repeal keep minutes of the proceedings of its members, chapter board of directors, and committees having any The right to alter, amend, or repeal this chap- authority under the board of directors, and it ter is expressly reserved. shall also keep at its principal office a record of (Pub. L. 87–655, § 19, Sept. 10, 1962, 76 Stat. 534.) the names and addresses of its members entitled to vote. All books and records of the corporation CHAPTER 41A—LITTLE LEAGUE BASEBALL, may be inspected by any member entitled to INC. vote, or his agent or attorney, for any proper purpose, at any reasonable time. Sec. 1071. Corporation created. (Pub. L. 87–655, § 13, Sept. 10, 1962, 76 Stat. 533.) 1072. Completion of organization. 1073. Objects and purposes of corporation. § 1054. Repealed. Pub. L. 88–504, § 4(36), Aug. 30, 1074. Powers of corporation. 1075. Principal office; territorial scope of activi- 1964, 78 Stat. 638 ties; agent for service of process. Section, Pub. L. 87–655, § 14, Sept. 10, 1962, 76 Stat. 533, 1076. Membership; voting rights. related to audit of financial transactions and report of 1077. Board of directors. (a) Composition of initial board. such audit to Congress. See sections 1101 to 1103 of this (b) Composition of subsequent boards; title. tenure. (c) Governing period; duties. § 1055. Use of assets on dissolution or liquidation 1078. Officers. Upon dissolution or final liquidation of the 1079. Distribution of income or assets to members; loans. corporation, after discharge or satisfaction of 1080. Nonpolitical nature of corporation. all outstanding obligations and liabilities, the 1081. Liability for acts of officers and agents. remaining assets, if any, of the corporation shall 1082. Prohibition against issuance of stock or pay- be distributed in accordance with the deter- ment of dividends. mination of the board of directors of the cor- 1083. Books and records; inspection. poration and in compliance with the constitu- 1084. Audit of financial transactions. 1085. Use of assets on dissolution or liquidation. tion and bylaws of the corporation and all Fed- 1086. Exclusive right to name, emblems, seals, and eral and State laws applicable thereto. badges. (Pub. L. 87–655, § 15, Sept. 10, 1962, 76 Stat. 533.) 1087. Acquisition of assets and liabilities of exist- ing corporation. § 1056. Exclusive right to name, emblems, seals, 1088. Reservation of right to amend or repeal chap- ter. and badges § 1071. Corporation created The corporation shall have the sole and exclu- sive right to the name ‘‘Naval Sea Cadet Corps’’ James E. Axeman, Williamsport, Pennsyl- and to have and to use in carrying out its pur- vania; Colonel Theodore P. Bank, Chicago, Illi- § 1072 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 156 nois; Nicholas C. Colombo, Galveston, Texas; (4) to adopt, amend, and alter a constitution John K. Conneen, Bethlehem, Pennsylvania; and bylaws, not inconsistent with the laws of Yale A. Corcoron, Chicago, Illinois; Doctor Ar- the United States or any State in which the thur A. Esslinger, Eugene, Oregon; Merrill Mar- corporation is to operate, for the management tin Galloway, West Columbia, Texas; George H. of its property and the regulation of its af- Harding, Lebanon, Tennessee; Edward B. John- fairs; son, Port Chester, New York; G. Herbert (5) to contract and be contracted with; McCracken, New York, New York; Peter J. (6) to charge and collect membership dues, McGovern, Chairman, Williamsport, Pennsyl- subscription fees, and receive contributions or vania; Frank J. McGrath, Scarsdale, New York; grants of money or property to be devoted to Doctor Elmon L. Vernier, Baltimore, Maryland; the carrying out of its purposes; Milton F. Ziehn, Sacramento, California; and (7) to take and hold by lease, gift, purchase, their successors, are created and declared to be grant, devise, bequest or otherwise any prop- a body corporate by the name of the Little erty, real or personal, necessary for attaining League Baseball, Incorporated (hereinafter the objects and carrying into effect the pur- called the corporation), and by such name shall poses of the corporation, subject to applicable be known and have perpetual succession and the provisions of law in any State (A) governing powers and limitations contained in this chap- the amount or kind of real and personal prop- ter. erty which may be held by, or (B) otherwise (Pub. L. 88–378, § 1, July 16, 1964, 78 Stat. 325.) limiting or controlling the ownership of real or personal property by a corporation operat- SECTION REFERRED TO IN OTHER SECTIONS ing in such State; This section is referred to in section 1072 of this title. (8) to transfer, encumber, and convey real or personal property; § 1072. Completion of organization (9) to borrow money for the purposes of the corporation, issue bonds therefor, and secure The persons named in section 1071 of this title the same by mortgage, subject to all applica- are authorized to complete the organization of ble provisions of Federal or State law; the corporation by the selection of officers and (10) to adopt, alter, use, and display such em- employees, the adoption of a constitution and blems, seals, and badges as it may adopt; and bylaws, not inconsistent with this chapter, and (11) to do any and all lawful acts and things the doing of such other acts as may be necessary necessary or desirable in carrying out the ob- for such purpose. jects and purposes of the corporation. (Pub. L. 88–378, § 2, July 16, 1964, 78 Stat. 325.) (Pub. L. 88–378, § 4, July 16, 1964, 78 Stat. 325.) § 1073. Objects and purposes of corporation The objects and purposes of the corporation § 1075. Principal office; territorial scope of activi- shall be— ties; agent for service of process (1) To promote, develop, supervise, and vol- (a) The principal office of the corporation untarily assist in all lawful ways the interest shall be located in Williamsport, Pennsylvania, of young people who will participate in Little or in such other place as may later be deter- League baseball. mined by the board of directors, but the activi- (2) To help and voluntarily assist young peo- ties of the corporation shall not be confined to ple in developing qualities of citizenship and that place and may be conducted throughout the sportsmanship. various States, the Commonwealth of Puerto (3) Using the disciplines of the native Amer- Rico, and the possessions of the United States, ican game of baseball, to teach spirit and com- and in other areas throughout the world. petitive will to win, physical fitness through (b) The corporation shall maintain at all times individual sacrifice, the values of teamplay in the District of Columbia a designated agent and wholesome wellbeing through healthful authorized to accept service of process for the and social association with other youngsters corporation, and notice to or service upon such under proper leadership. agent, or mailed to the business address of such (Pub. L. 88–378, § 3, July 16, 1964, 78 Stat. 325; agent, shall be deemed notice to or service upon Pub. L. 93–551, Dec. 26, 1974, 88 Stat. 1744.) the corporation.

AMENDMENTS (Pub. L. 88–378, § 5, July 16, 1964, 78 Stat. 326.) 1974—Par. (1). Pub. L. 93–551 substituted ‘‘young peo- ple’’ for ‘‘boys’’. § 1076. Membership; voting rights Par. (2). Pub. L. 93–551 substituted ‘‘young people’’ for ‘‘boys’’ and ‘‘citizenship and sportsmanship’’ for ‘‘citi- (a) Eligibility for membership in the corpora- zenship, sportsmanship, and manhood’’. tion and the rights and privileges of members shall, except as provided in this chapter, be de- § 1074. Powers of corporation termined as the constitution and bylaws of the corporation may provide. The corporation shall have power— (b) Each member of the corporation, other (1) to sue and be sued, complain, and defend than honorary and associate members, shall in any court of competent jurisdiction; have the right to one vote on each matter sub- (2) to adopt, alter, and use a corporate seal; mitted to a vote at all meetings of the members (3) to choose such officers, directors, trust- of the corporation. ees, managers, agents, and employees as the business of the corporation may require; (Pub. L. 88–378, § 6, July 16, 1964, 78 Stat. 326.) Page 157 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 1085

§ 1077. Board of directors § 1082. Prohibition against issuance of stock or (a) Composition of initial board payment of dividends Upon enactment of this chapter the member- The corporation shall have no power to issue ship of the initial board of directors of the cor- any shares of stock nor to declare nor pay any poration shall consist of the members of the dividends. board of directors of the corporation referred to (Pub. L. 88–378, § 12, July 16, 1964, 78 Stat. 327.) in section 1087 of this title. (b) Composition of subsequent boards; tenure § 1083. Books and records; inspection Thereafter, the board of directors of the cor- The corporation shall keep correct and com- poration shall consist of such number (not less plete books and records of account and shall than 13), shall be selected in such manner (in- keep minutes of the proceedings of its members, cluding the filling of vacancies), and shall serve board of directors, and committees having au- for such term as may be prescribed in the con- thority under the board of directors, and it shall stitution and bylaws of the corporation. also keep at its principal office a record of the (c) Governing period; duties names and addresses of its members entitled to vote. All books and records of the corporation The board of directors shall be the governing may be inspected by any member entitled to board of the corporation and shall, during the vote, or his agent or attorney, for any proper intervals between corporation meetings, be re- purpose, at any reasonable time. sponsible for the general policies and program of the corporation. The board shall be responsible (Pub. L. 88–378, § 13, July 16, 1964, 78 Stat. 327.) for the control of all funds of the corporation. § 1084. Audit of financial transactions (Pub. L. 88–378, § 7, July 16, 1964, 78 Stat. 326.) (a) The accounts of the corporation shall be § 1078. Officers audited annually in accordance with generally (a) The officers of the corporation shall be a accepted auditing standards by independent cer- chairman of the board of directors, a president, tified public accountants or independent li- a vice president, and a secretary-treasurer. The censed public accountants, certified or licensed duties of the officers shall be as prescribed in by a regulatory authority of a State or other po- the constitution and bylaws of the corporation. litical subdivision of the United States. The (b) Officers shall be elected annually at the an- audit shall be conducted at the place or places nual meeting of the corporation. where the accounts of the corporation are nor- mally kept. All books, accounts, financial (Pub. L. 88–378, § 8, July 16, 1964, 78 Stat. 326.) records, reports, files, and all other papers, things, or property belonging to or in use by the § 1079. Distribution of income or assets to mem- corporation and necessary to facilitate the audit bers; loans shall be made available to the person or persons (a) No part of the income or assets of the cor- conducting the audit; and full facilities for veri- poration shall inure to any member, officer, or fying transactions with the balances or securi- director, or be distributable to any such person ties held by depositories, fiscal agents, and cus- during the life of the corporation or upon dis- todians shall be afforded to such person or per- solution or final liquidation. Nothing in this sons. 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 the year including (1) the results of any trading, (Pub. L. 88–378, § 9, July 16, 1964, 78 Stat. 327.) manufacturing, publishing, or other commer- § 1080. Nonpolitical nature of corporation cial-type endeavor carried on by the corpora- tion, 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 Upon final dissolution or liquidation of the its officers and agents when acting within the corporation, and after discharge or satisfaction scope of their authority. 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- § 1086 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 158 tributed in accordance with the determination (4) The American Legion. of the board of directors of the corporation and (5) The American National Theater and in compliance with the constitution and bylaws Academy. of the corporation and all Federal and State (6) American Society of International Law. laws applicable thereto. Such distribution shall (7) American Symphony Orchestra League. be consistent with the purposes of the corpora- (8) American War Mothers. tion. (9) AMVETS (American Veterans of World War II).1 (Pub. L. 88–378, § 15, July 16, 1964, 78 Stat. 328.) (10) Belleau Wood Memorial Association. (11) Big Brothers—Big Sisters of America. § 1086. Exclusive right to name, emblems, seals, (12) Blinded Veterans Association. and badges (13) Blue Star Mothers of America. The corporation shall have the sole and exclu- (14) Board for Fundamental Education. sive right to use and to allow or refuse to others (15) Boy Scouts of America. the use of the terms ‘‘Little League,’’ ‘‘Little (16) Boys & Girls Clubs of America. Leaguer,’’ and the official Little League emblem (17) Civil Air Patrol. or any colorable simulation thereof. No powers (18) Conference of State Societies, Washing- or privileges hereby granted shall, however, ton, District of Columbia. interfere or conflict with established or vested (19) The Congressional Medal of Honor Soci- rights. ety of the United States of America. (20) Daughters of the American Revolution. (Pub. L. 88–378, § 16, July 16, 1964, 78 Stat. 328.) (21) Disabled American Veterans. (22) The Foundation of the Federal Bar Asso- § 1087. Acquisition of assets and liabilities of ex- ciation. isting corporation (23) Future Farmers of America. The corporation may acquire the assets of the (24) Girl Scouts of America. Little League Baseball, Incorporated, chartered (25) Grand Army of the Republic. in the State of New York, upon discharging or (26) Jewish War Veterans, U.S.A., National satisfactorily providing for the payment and dis- Memorial, Inc. charge of all of the liability of such corporation (27) Ladies of the Grand Army of the Repub- and upon complying with all laws of the State of lic. New York applicable thereto. (28) Legion of Valor of the United States of America, Incorporated. (Pub. L. 88–378, § 17, July 16, 1964, 78 Stat. 328.) (29) Marine Corps League. SECTION REFERRED TO IN OTHER SECTIONS (30) Military Chaplains Association of the United States of America. This section is referred to in section 1077 of this title. (31) Military Order of the Purple Heart of the United States of America. § 1088. Reservation of right to amend or repeal (32) National Academy of Sciences. chapter (33) National Conference on Citizenship. The right to alter, amend, or repeal this chap- (34) National Fund for Medical Education. ter is expressly reserved. (35) National Music Council. (36) National Safety Council. (Pub. L. 88–378, § 18, July 16, 1964, 78 Stat. 328.) (37) National Woman’s Relief Corps, Auxil- CHAPTER 42—AUDITS OF FEDERALLY iary to the Grand Army of the Republic. (38) The National Yeomen F. CHARTERED CORPORATIONS (39) Naval Sea Cadet Corps. Sec. (40) Navy Club of the United States of Amer- 1101. ‘‘Private corporations established under Fed- ica. eral law’’ defined. (41) Reserve Officers Association. 1102. Audit of accounts; annual audit; independent (42) Sons of the American Revolution. audit; places of audit; availability of books, (43) Sons of Union Veterans of the Civil War. records, and other papers, things, or prop- (44) United Spanish War Veterans. erty; facilities for verification of trans- (45) United States Blind Veterans of World actions. 1103. Reports to Congress; time for submission; War I. 1 contents; scope of audit, financial state- (46) United States Olympic Association. ments, and auditor’s opinion; public print- (47) Veterans of Foreign Wars of the United ing. States. (48) Veterans of World War I of the United CHAPTER REFERRED TO IN OTHER SECTIONS States of America. This chapter is referred to in sections 5206, 5706 of (49) General Federation of Women’s Clubs. this title; title 16 sections 583j–5, 3706, 5807; title 20 sec- (50) United Service Organizations. tion 5509. (51) National Ski Patrol System, Incor- porated. § 1101. ‘‘Private corporations established under (52) Gold Star Wives of America. Federal law’’ defined (53) National Federation of Music Clubs. The term ‘‘private corporations established (54) Italian American War Veterans of the under Federal law’’ as used in this chapter United States. means the following organizations: (55) United States Submarine Veterans of (1) Agricultural Hall of Fame. World War II. (2) American Chemical Society. (3) American Historical Association. 1 See References in Text note below. Page 159 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 1101

(56) American Council of Learned Societies. 100–281, § 12, Apr. 6, 1988, 102 Stat. 75; Pub. L. (57) American Ex-Prisoners of War. 100–655, title I, § 111, Nov. 14, 1988, 102 Stat. 3851; (58) Polish Legion of American Veterans, Pub. L. 101–510, div. A, title XVI, § 1611, Nov. 5, U.S.A. 1990, 104 Stat. 1738; Pub. L. 102–199, § 2, Dec. 10, (59) Former Members of Congress. 1991, 105 Stat. 1629; Pub. L. 102–484, div. A, title (60) Catholic War Veterans of the United XVIII, §§ 1812, 1832, Oct. 23, 1992, 106 Stat. 2583, States of America, Incorporated. 2585; Pub. L. 104–127, title III, § 358(a)(2), Apr. 4, (61) National Academy of Public Administra- 1996, 110 Stat. 1014; Pub. L. 104–201, div. A, title tion. XVIII, § 1811, Sept. 23, 1996, 110 Stat. 2762.) (62) Jewish War Veterans of the United REFERENCES IN TEXT States of America. (63) American Gold Star Mothers, Incor- AMVETS (American Veterans of World War II), re- porated. ferred to in par. (9), was changed to AMVETS (Amer- (64) Women’s Army Corps Veterans’ Associa- ican Veterans of World War II, Korea, and Vietnam) by Pub. L. 95–98, Aug. 15, 1977, 91 Stat. 830, which is classi- tion. fied to section 67 et seq. of this title. (65) 369th Veterans’ Association. Provisions relating to the Grand Army of the Repub- (66) National Society, Daughters of the lic, referred to in par. (25), which were classified to sec- American Colonists. tion 71 et seq. of this title, were omitted from the Code. (67) Navy Wives Clubs of America. United States Olympic Association, referred to in (68) Army and Navy Union of the United par. (46), was changed to United States Olympic Com- States of America. mittee by Pub. L. 88–407, Aug. 10, 1964, 78 Stat. 383, (69) Pearl Harbor Survivors Association. which is classified to section 383 of this title. (70) Daughters of Union Veterans of the Civil AMENDMENTS War 1861–1865. 2 1996—Par. (77). Pub. L. 104–201 added par. (77) relating (72) The Vietnam Veterans of America, Inc. to Fleet Reserve Association. 3 The Non Commissioned Officers Associa- Pub. L. 104–127 added par. (77) relating to National tion of the United States of America, Incor- Natural Resources Conservation Foundation. porated. 1992—Pars. (75), (76). Pub. L. 102–484 added pars. (75) (60) 4 The National Mining Hall of Fame and and (76). Museum 5 1991—Par. (16). Pub. L. 102–199, § 2, which directed sub- (74) 6 82nd Airborne Division Association, In- stitution of ‘‘Boys & Girls’’ for ‘‘Boys’’, was executed corporated. by substituting ‘‘Boys & Girls’’ for ‘‘Boys’ ’’ to reflect the probable intent of Congress. (75) The Military Order of the World Wars. 1990—Par. (74). Pub. L. 101–510 added par. (74). (76) The Retired Enlisted Association, Incor- 1988—Par. (60). Pub. L. 100–655 added par. (60) relating porated. to National Mining Hall of Fame and Museum, at the (77) 7 The National Natural Resources Con- end of this section, notwithstanding existence of pars. servation Foundation. (60) to (72). (77) 7 Fleet Reserve Association. Pub. L. 100–281 added undesignated paragraph relat- ing to Non Commissioned Officers Association of the (Pub. L. 88–504, § 1, Aug. 30, 1964, 78 Stat. 635; United States of America, Incorporated. Pub. L. 94–151, § 2, Dec. 15, 1975, 89 Stat. 809; Pub. 1986—Par. (68). Pub. L. 99–604, which directed addition L. 95–167, § 2, Nov. 11, 1977, 91 Stat. 1348; Pub. L. of par. (68) at end of this section, was executed by add- 96–165, § 9(g), Dec. 29, 1979, 93 Stat. 1272; Pub. L. ing par. (68) after par. (67) as the probable intent of 96–489, § 11, Dec. 2, 1980, 94 Stat. 2554; Pub. L. Congress. 96–497, § 11, Dec. 4, 1980, 94 Stat. 2596; Pub. L. Par. (72). Pub. L. 99–318 added par. (72). 97–82, § 11, Nov. 20, 1981, 95 Stat. 1093; Pub. L. 1985—Par. (69). Pub. L. 99–119 added par. (69). Par. (70). Pub. L. 99–172 added par. (70). 97–83, § 11, Nov. 20, 1981, 95 Stat. 1095; Pub. L. 1984—Par. (58). Pub. L. 98–372 added par. (58). 97–192, § 11, June 1, 1982, 96 Stat. 110; Pub. L. Par. (60). Pub. L. 98–382 added par. (60). 97–231, § 11, Aug. 9, 1982, 96 Stat. 257; Pub. L. Par. (61). Pub. L. 98–257 added par. (61). 97–234, § 11, Aug. 10, 1982, 96 Stat. 263; Pub. L. Par. (62). Pub. L. 98–391 added par. (62). 97–427, § 11, Jan. 8, 1983, 96 Stat. 2266; Pub. L. Par. (63). Pub. L. 98–314 added par. (63). 98–257, § 11, Apr. 10, 1984, 98 Stat. 128; Pub. L. Par. (64). Pub. L. 98–584 added par. (64). 98–314, § 11, June 12, 1984, 98 Stat. 239; Pub. L. Par. (65). Pub. L. 98–565 added par. (65). 98–372, § 11, July 23, 1984, 98 Stat. 1240; Pub. L. Par. (66). Pub. L. 98–561 added par. (66). Par. (67). Pub. L. 98–520 added par. (67). 98–382, § 11, Aug. 17, 1984, 98 Stat. 1345; Pub. L. 1983—Par. (59). Pub. L. 97–427 added par. (59). 98–391, § 11, Aug. 21, 1984, 98 Stat. 1360; Pub. L. 1982—Par. (53). Pub. L. 97–231 added par. (53). 98–520, § 11, Oct. 19, 1984, 98 Stat. 2429; Pub. L. Par. (56). Pub. L. 97–192 added par. (56). 98–561, § 12, Oct. 30, 1984, 98 Stat. 2912; Pub. L. Par. (57). Pub. L. 97–234 added par. (57). 98–565, § 11, Oct. 30, 1984, 98 Stat. 2921; Pub. L. 1981—Par. (54). Pub. L. 97–82 added par. (54). 98–584, § 11, Oct. 30, 1984, 98 Stat. 3098; Pub. L. Par. (55). Pub. L. 97–83 added par. (55). 99–119, § 11, Oct. 7, 1985, 99 Stat. 500; Pub. L. 1980—Par. (51). Pub. L. 96–489 added par. (51). 99–172, § 11, Dec. 9, 1985, 99 Stat. 1022; Pub. L. Par. (52). Pub. L. 96–497 added par. (52). 1979—Par. (50). Pub. L. 96–165 added par. (50). 99–318, § 12, May 23, 1986, 100 Stat. 476; Pub. L. 1977—Par. (11). Pub. L. 95–167 substituted ‘‘Big Broth- 99–604, § 11, Nov. 6, 1986, 100 Stat. 3448; Pub. L. ers—Big Sisters of America’’ for ‘‘Big Brothers of America’’. 2 So in original. No par. (71) has been enacted. 1975—Par. (49). Pub. L. 94–151 added par. (49). 3 So in original. Paragraph added without numerical designa- CROSS REFERENCES tion. 4 See 1988 Amendment note below. For treatment of the National Fish and Wildlife 5 So in original. Probably should be followed by a period. Foundation as a private corporation established under 6 So in original. No par. (73) has been enacted. Federal law for purposes of this chapter, see section 7 So in original. Two pars. (77) have been enacted. 3706(a) of Title 16, Conservation. § 1102 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 160

SECTION REFERRED TO IN OTHER SECTIONS CHAPTER 43—PARALYZED VETERANS OF This section is referred to in sections 1711, 1811, 1911, AMERICA 2011, 2111, 2211, 2311, 2411, 2511, 2611, 2711, 2811, 2912, 3011, Sec. 3711, 3911, 5611 of this title. 1151. Corporation created. 1152. Completion of organization. § 1102. Audit of accounts; annual audit; inde- 1153. Objects and purposes of corporation. pendent audit; places of audit; availability of 1154. Powers of corporation. books, records, and other papers, things, or 1155. Prohibition against issuance of stock or busi- property; facilities for verification of trans- ness activities. actions 1156. Nonpolitical nature of corporation. 1157. Membership. The accounts of private corporations estab- 1158. Principal office; territorial scope of activi- lished under Federal law shall be audited annu- ties. ally in accordance with generally accepted au- 1159. Use of assets on dissolution or liquidation. diting standards by independent certified public 1160. Exclusive right to name, emblems, seals, and accountants, certified or licensed by a regu- badges. latory authority of a State or other political 1161. Books and records; inspection. 1162. Agents for service of process. subdivision of the United States. The audits 1163. Extension of privileges and rights granted shall be conducted at the place or places where under other laws. the accounts of the corporations are normally 1164. Distribution of income or assets to members; kept. All books, accounts, financial records, re- loans. ports, files, and all other papers, things, or prop- 1165. Liability for acts of officers and agents. erty belonging to or in use by the corporations 1166. Audit of financial transactions. and necessary to facilitate the audits shall be 1167. Reservation of right to amend or repeal chap- made available to the person or persons con- ter. ducting the audits; and full facilities for verify- § 1151. Corporation created ing transactions with the balances or securities held by depositories, fiscal agents, and custo- The following persons, to wit: Burton Little, dians shall be afforded to such person or persons. Chickasaw, Alabama; Tom Goggin, Phoenix, Arizona; Leonard Chrysler, Los Altos, Califor- (Pub. L. 88–504, § 2, Aug. 30, 1964, 78 Stat. 636.) nia; Wayne L. Capson, Garden Grove, California; SECTION REFERRED TO IN OTHER SECTIONS George Boschet, Silver Spring, Maryland; Rob- ert Classon, New York, New York; Edward G. This section is referred to in sections 1166, 1213, 1309, 3111, 3611, 3812, 4012, 4811, 5012, 5112 of this title. Maxwell, Miami, Florida; Claude C. Beckham, Irmo, South Carolina; Benny Tschetter, Sioux § 1103. Reports to Congress; time for submission; Falls, South Dakota; Frederick T. Gill, Valley contents; scope of audit, financial state- Station, Kentucky; Lee M. Gresham, Wixom, ments, and auditor’s opinion; public printing Michigan; Conrad M. Standinger, Memphis, Ten- nessee; Curley Gullet, Denver, Colorado; Charles The report of each such independent audit Swartz, Marblehead, Massachusetts; Bolivar Ri- shall be submitted to the Congress not later vera, Rio Piedras, Puerto Rico; James Schwiem, than six months following the close of the fiscal Pasadena, Texas; Robert T. Kiggins, Pittsburgh, year for which the audit was made. The report Pennsylvania; Glenn E. Mayer, Hines, Illinois; shall set forth the scope of the audit and include John Novak, Richmond, Virginia; and such such statements as are necessary to present other persons as are members of the Paralyzed fairly the corporation’s assets and liabilities, Veterans of America, and their associates and surplus or deficit with an analysis of the successors, are hereby created and declared to changes therein during the year, supplemented be a body corporate by the name of Paralyzed in reasonable detail by a statement of the cor- Veterans of America (hereinafter referred to as poration’s income and expenses during the year the ‘‘corporation’’). including the results of any trading, manufac- 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 SECTION REFERRED TO IN OTHER SECTIONS with the independent auditor’s opinion of those 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 § 1152. Completion of organization authorized to be printed under section 1332 of title 44. The persons named in section 1151 of this title, or their successors, are hereby authorized to (Pub. L. 88–504, § 3, Aug. 30, 1964, 78 Stat. 636.) complete the organization of the corporation by CODIFICATION the selection of officers, the adoption of a con- stitution and bylaws, and the doing of such ‘‘Section 1332 of title 44’’, referred to in text, sub- other acts as may be necessary for such purpose. stituted for ‘‘the Act of March 2, 1931, chapter 378, sec- tion 1, as amended’’, which had been classified to sec- (Pub. L. 92–93, § 2, Aug. 11, 1971, 85 Stat. 317.) tion 275b of former Title 44, Public Printing and Docu- ments, on authority of Pub. L. 90–620, § 2(b), Oct. 22, § 1153. Objects and purposes of corporation 1968, 82 Stat. 1305, the first section of which enacted Title 44, Public Printing and Documents. The objects and purposes of the corporation shall be— SECTION REFERRED TO IN OTHER SECTIONS (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; Page 161 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 1160

(b) to form a national association for the § 1156. Nonpolitical nature of corporation benefit of persons who have suffered injuries or diseases of the spinal cord; The corporation shall be nonpolitical and, as (c) to acquaint the public with the needs and an organization, shall not furnish financial aid problems of paraplegics; to, or otherwise promote the candidacy of, any (d) to promote medical research in the sev- person seeking public office. eral fields connected with injuries and diseases (Pub. L. 92–93, § 6, Aug. 11, 1971, 85 Stat. 318.) of the spinal cord, including research in neuro- surgery and orthopedics and in genitourinary § 1157. Membership and orthopedic appliances; and Any American citizen shall be eligible for (e) to advocate and foster complete and ef- membership in the corporation who was regu- fective reconditioning programs for paraple- larly enlisted, inducted, or commissioned, and gics, including a thorough physical recondi- who was accepted for, or was on, active duty in tioning program, physiotherapy, competent the Army, Navy, Marine Corps, Air Force, or walking instructions, adequate guidance (both Coast Guard of the United States, or our allies. vocational and educational), academic and vo- Service with the Armed Forces must have been cational education (both in hospitals and in terminated by discharge or separation from educational institutions), psychological ori- service under conditions other than dishonor- entation and readjustment to family and able: Provided, however, That persons otherwise friends, and occupational therapy (both func- eligible for membership who are on active duty tional and diversional). or who must continue to serve after the ces- (Pub. L. 92–93, § 3, Aug. 11, 1971, 85 Stat. 317.) sation of hostilities are also eligible for mem- bership: And, provided further, That membership § 1154. Powers of corporation shall be limited to such persons as have suffered The corporation shall have perpetual succes- spinal cord injuries or diseases whether service sion and shall have power— connected or nonservice connected in origin. (a) to sue and be sued; (Pub. L. 92–93, § 7, Aug. 11, 1971, 85 Stat. 318.) (b) to acquire, hold, and dispose of such real and personal property as may be necessary to § 1158. Principal office; territorial scope of activi- carry out the corporate purposes; ties (c) to make and enter into contracts; (d) to accept gifts, legacies, and devises The headquarters and principal place of busi- which will further the corporate purposes; ness of said corporation shall be located in the (e) to borrow money for the purposes of the District of Columbia, but the activities of said corporation, issue bonds therefor, and secure organization, as set out herein, shall not be con- the same by mortgage, subject in every case to fined to said city, but shall be conducted all applicable provisions of Federal and State throughout the several States and any territory law; or possession of the United States. (f) to adopt and alter a corporate seal; (Pub. L. 92–93, § 8, Aug. 11, 1971, 85 Stat. 318.) (g) to establish, regulate, and discontinue subordinate State and regional organizations § 1159. Use of assets on dissolution or liquidation and local chapters or posts; In the event of a final dissolution or liquida- (h) to choose such officers, representatives, tion of such corporation, and after the discharge and agents as may be necessary to carry out or satisfactory provisions for the discharge of the corporate purposes; all its liabilities, the remaining assets of the (i) to establish and maintain offices for the said corporation shall be transferred to the De- conduct of the affairs of the corporation; (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 (Pub. L. 92–93, § 9, Aug. 11, 1971, 85 Stat. 318; Pub. other publications; L. 102–54, § 13(n)(5), June 13, 1991, 105 Stat. 278.) (l) to adopt and alter emblems and badges; 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. The corporation shall have no power to issue (Pub. L. 92–93, § 10, Aug. 11, 1971, 85 Stat. 318.) 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, § 1161 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 162 see section 705 of Title 18, Crimes and Criminal Proce- (Pub. L. 92–93, § 15, Aug. 11, 1971, 85 Stat. 319.) dure. § 1166. Audit of financial transactions § 1161. Books and records; inspection The provisions of sections 1102 and 1103 of this The corporation shall keep correct and com- title shall apply with respect to the corporation. plete books and records of account and shall also keep minutes of the proceedings of its mem- (Pub. L. 92–93, § 16, Aug. 11, 1971, 85 Stat. 319.) bers, executive committee, and committee, hav- § 1167. Reservation of right to amend or repeal ing any of the authority of the executive com- chapter mittee; and shall keep at its registered office or principal office a record giving the names and The right to alter, amend, or repeal this chap- addresses of its members entitled to vote; and ter is hereby expressly reserved. permit all books and records of the corporation (Pub. L. 92–93, § 17, Aug. 11, 1971, 85 Stat. 319.) to be inspected by any member or his agent or his attorney for any proper purpose at any rea- CHAPTER 44—UNITED STATES CAPITOL sonable time. HISTORICAL SOCIETY

(Pub. L. 92–93, § 11, Aug. 11, 1971, 85 Stat. 318.) Sec. 1201. Corporation created. § 1162. Agents for service of process 1202. Completion of organization. As a condition precedent to the exercise of any 1203. Objects and purposes of corporation. power or privilege herein granted or conferred, 1204. Powers of corporation. the corporation shall file in the office of the 1205. Principal office; territorial scope of activi- ties; agent for service of process. Secretary of each State or of any territory or 1206. Membership. possession of the United States, in which organi- 1207. Active board of trustees. zations, chapters, or posts may be organized, the (a) Composition; chairman. name and post office address of an authorized (b) Tenure; reelection. agent upon whom local process or demands (c) Meetings. against the corporation may be served. (d) Election; removal. 1208. Officers. (Pub. L. 92–93, § 12, Aug. 11, 1971, 85 Stat. 318.) (a) Composition. (b) Membership on board; compensation. § 1163. Extension of privileges and rights granted (c) Election; tenure. under other laws (d) Duties. (e) Executive secretary and other person- Such provisions, privileges, and prerogatives nel; compensation; duties. as have been granted heretofore to other na- 1209. Distribution of income or assets to members; tional veterans’ organizations by virtue of their loans. being incorporated by Congress are hereby 1210. Liability for acts of officers and agents. granted and accrue to the Paralyzed Veterans of 1211. Prohibition against issuance of stock or pay- America. ment of dividends. 1212. Books and records; inspection. (Pub. L. 92–93, § 13, Aug. 11, 1971, 85 Stat. 319.) 1213. Audit of financial transactions. 1214. Use of assets on dissolution or liquidation. § 1164. Distribution of income or assets to mem- 1215. Exclusive right to name, emblems, seals, and bers; loans insignia. 1216. Acquisition of assets and liabilities of exist- (a) No part of the income or assets of the cor- ing corporation. poration shall inure to any member, director, of- 1217. Annual report. ficer, or employee of the corporation or be dis- 1218. Reservation of right to amend or repeal chap- tributable to any person during the life of the ter. corporation or upon its dissolution or final liq- 1219. Exemption from certain taxes. uidation. Nothing in this subsection, however, shall be construed to prevent the payment of § 1201. Corporation created reasonable compensation to officers and employ- The following persons: ees of the corporation or to prevent their reim- Honorable Fred Schwengel, Washington, Dis- bursement for actual necessary expenses in trict of Columbia; amounts approved by the corporation’s board of Honorable Marguerite Stitt Church, Evans- directors. ton, Illinois; (b) The corporation shall not make loans to its Doctor Melvin M. Payne, Washington, Dis- members, officers, directors, or employees. Any trict of Columbia; director who votes for or assents to the making Carl Haverlin, Northridge, California; of such a loan, and any officer who participates Doctor Walter Rundell, College Park, Mary- in the making of such a loan, shall be jointly land; and severally liable to the corporation for the Victor M. Birely, Washington, District of amount of such loan until the repayment there- Columbia; of. Arthur B. Hanson, Esquire, Washington, Dis- (Pub. L. 92–93, § 14, Aug. 11, 1971, 85 Stat. 319.) trict of Columbia; Mrs. Adlai Stevenson III, Hanover, Illinois; § 1165. Liability for acts of officers and agents Mrs. Florian Thayn, Washington, District of The corporation shall be liable for the acts of Columbia; its officers and agents when acting within the and their successors are hereby created and de- scope of their authority. clared to be a body corporate of the District of Page 163 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 1207

Columbia having the name ‘‘United States Cap- corporation, subject, however, to applicable itol Historical Society’’ (hereinafter the provisions of law of any State (1) governing 1 corporation’’). The said corporation shall have the amount or kind of real and personal prop- perpetual existence and the powers, limitations, erty which may be held by, or (2) otherwise and restrictions herein contained. limiting or controlling the ownership or 1 real (Pub. L. 95–493, § 1, Oct. 20, 1978, 92 Stat. 1643.) and personal property which may be held by, or (3) otherwise limiting or controlling the SECTION REFERRED TO IN OTHER SECTIONS ownership of real and personal property by, a This section is referred to in section 1202 of this title. corporation operating in such State; (h) to transfer, lease, or convey real or per- § 1202. Completion of organization sonal property; The persons named in section 1201 of this title (i) to borrow money for the purposes of the are authorized to complete the organization of corporation and issue bonds or other evidences the corporation by the selection of officers and of indebtedness therefor and secure the same employees, the adoption of a constitution and mortgage or pledge subject to applicable Fed- bylaws, not inconsistent with this chapter, and eral or State laws; the doing of such other acts as may be necessary (j) to conduct campaigns for raising of funds to carry out the provisions of this chapter. and to accept contributions from individuals, corporations, and other bodies, foundations, (Pub. L. 95–493, § 2, Oct. 20, 1978, 92 Stat. 1643.) and organizations; (k) to print, to create and distribute com- § 1203. Objects and purposes of corporation memorative medals, edit and publish, make, The objects and purposes of the corporation display, and sell books and magazines, pic- shall be— tures, slides, and cinemas, as may be nec- (a) to encourage in the most comprehensive essary or desirable for the accomplishment of and enlightened manner an understanding by the purposes of the corporation; the American people of the founding, growth, (l) to buy, sell, and generally deal in appro- and significance of the Capitol of the United priate and related souvenirs, commemorative States of America as the tangible symbol of medals, curios, momentos, and publications; their representative form of government; and (b) to undertake research into the history of (m) to do any and all acts necessary and the Congress and the Capitol and to promote proper to carry out the purposes of the cor- the discussion, publication, and dissemination poration. of the results of such studies; (Pub. L. 95–493, § 4, Oct. 20, 1978, 92 Stat. 1644.) (c) to foster and increase an informed patri- otism of the land in the study of this living § 1205. Principal office; territorial scope of activi- memorial to the founders of this Nation and ties; agent for service of process the continuing thread of principles as exempli- 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. (b) The corporation shall have in the District (Pub. L. 95–493, § 3, Oct. 20, 1978, 92 Stat. 1643.) of Columbia at all times a designated agent au- § 1204. Powers of corporation thorized to accept service of process for the cor- 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; (d) to charge and collect membership dues; Eligibility for membership in the corporation (e) to adopt, amend, apply, and alter a con- and the rights and privileges of members shall, stitution and bylaws not inconsistent with the except as provided in this chapter, be deter- laws of the United States of America or any mined as the constitution and bylaws of the cor- State in which the corporation is to operate, poration may provide. for the management of its property and the (Pub. L. 95–493, § 6, Oct. 20, 1978, 92 Stat. 1645.) regulation of its affairs; (f) to contract and be contracted with; § 1207. Active board of trustees (g) to take hold by lease, gift, purchase, (a) Composition; chairman grant, devise, bequest, or otherwise any prop- erty, real, personal, or mixed, necessary or The control and management of the affairs convenient for attaining the objects of the and funds of the corporation shall be vested in its active board of trustees which, exclusive of

1 So in original. Probably should be preceded by opening quotation marks. 1 So in original. Probably should be ‘‘of’’. § 1208 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 164 ex officio and honorary members, shall consist § 1209. Distribution of income or assets to mem- of not more than forty active members and not bers; loans less than twelve active members, one of whom shall be elected chairman. (a) No part of the income or assets of the cor- poration shall inure to any of its members, (b) Tenure; reelection trustees, or officers, as such, or be distributable The term of an active trustee of the board to any of them during the life of the corporation shall be four years in duration and, except by or upon its dissolution or final liquidation. the unanimous vote of the members of the board Nothing in this subsection, however, shall be of trustees present and voting, no active trustee construed to prevent the payment of reasonable may be reelected as an active trustee until after compensation to officers or employees of the a lapse of one year from the expiration of his corporation or reimbursement for actual ex- term as active trustee. penses in amounts approved by the board of (c) Meetings trustees of the corporation. (b) The corporation shall not make loans to its The board of trustees shall meet not less than officers, trustees, or employees. Any director once annually in the Capitol of the United who votes for or assents to the making of a loan States at Washington, District of Columbia, and or advance to an officer, director, or employee of at such other times as may be determined by the the corporation, and any officer who partici- chairman. No meeting of the board of trustees pates in the making of such loan or an advance may be held except pursuant to a time and place shall be jointly and severally liable to the cor- stated in the bylaws or upon thirty days written poration for the amount of such loan or advance notice in advance of any such meeting. until the repayment thereof. (d) Election; removal (Pub. L. 95–493, § 9, Oct. 20, 1978, 92 Stat. 1646.) Trustees of the corporation shall be elected by action of the active board of trustees. Trustees § 1210. Liability for acts of officers and agents may be removed by the vote of two-thirds of the The corporation shall be liable for the acts of other active trustees at any time with or with- its officers and agents when acting within the out cause. scope of their authority. (Pub. L. 95–493, § 7, Oct. 20, 1978, 92 Stat. 1645.) (Pub. L. 95–493, § 10, Oct. 20, 1978, 92 Stat. 1646.) § 1208. Officers § 1211. Prohibition against issuance of stock or (a) Composition payment of dividends The officers of the corporation shall be a presi- The corporation shall have no power to issue dent, who shall be the chief executive officer, any shares of stock or to declare or pay any five vice presidents, a treasurer, and a secretary. dividends. (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 mem- bers 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 (a) The provisions of sections 1102 and 1103 of they hold and also shall include such additional this title shall apply with respect to the cor- duties as may be delegated by the board of poration. trustees. (b) The corporation shall comply with the pro- (e) Executive secretary and other personnel; visions of section 193m–1 of title 40. compensation; duties (Pub. L. 95–493, § 13, Oct. 20, 1978, 92 Stat. 1646.) The board of trustees may employ an execu- 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 Upon dissolution or final liquidation of the board and to accomplish the programs and busi- corporation, after discharge or satisfaction of ness of the corporation. The board shall fix the all outstanding obligations and liabilities, any compensation and prescribe the duties of the ex- remaining assets of the corporation shall be dis- ecutive secretary and such other paid personnel tributed in accordance with the determination who shall serve at the pleasure of the board. 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 Page 165 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 1301 the corporation and all Federal and State laws Sec. applicable thereto. 1304. Restrictions. (a) Political activities. (Pub. L. 95–493, § 14, Oct. 20, 1978, 92 Stat. 1646.) (b) Issuance of stock; dividends. (c) Use of assets on dissolution or liq- § 1215. Exclusive right to name, emblems, seals, uidation. and insignia (d) Distribution of income or assets to members. The corporation shall have the sole and exclu- (e) Loans. sive right to the name ‘‘United States Capitol 1305. Governance of corporation. Historical Society’’ and to have and use in car- (a) Membership. rying out its purpose, distinctive insignia, em- (b) Board of governors. blems, seals, descriptive or designating marks, (c) Other governing bodies. and words or phrases, as may be required in the (d) Officers. 1306. Acquisition of assets and liabilities of exist- furtherance of its functions. Nothing in this sec- ing corporation; retention of State cor- tion shall be construed to interfere or conflict porate status. with established or vested rights. 1307. Exclusive right to names, insignia, emblems, (Pub. L. 95–493, § 15, Oct. 20, 1978, 92 Stat. 1647.) and badges. 1308. Assistance by Government agencies. § 1216. Acquisition of assets and liabilities of ex- 1309. Miscellaneous provisions. (a) Principal office; territorial scope of isting corporation activities. The corporation may acquire the assets of the (b) Agent for service of process. United States Capitol Historical Society, a cor- (c) Local agents for service of process. poration incorporated under the laws of the Dis- (d) Books and records; inspection. (e) Annual report. trict of Columbia. The United States Capitol (f) Audit of financial transactions. Historical Society shall retain and maintain its (g) Omitted. existing status as a corporation incorporated (h) Reservation of right to amend or re- under the laws of the District of Columbia or a peal chapter. State. § 1301. Corporation created (Pub. L. 95–493, § 16, Oct. 20, 1978, 92 Stat. 1647.) The following persons, to wit: § 1217. Annual report Colonel Paul Akst, United States Air Force (retired), New York, New York; The corporation shall, as soon as practicable Robert C. Andrews, Nashville, Tennessee; after the end of each fiscal year, submit a report Mary Louise Austin, Atlanta, Georgia; to each House of the Congress with respect to Alden G. Barber, Menlo Park, California; the activities of the corporation during the pre- James E. Barrett, Washington, District of ceding fiscal year. Columbia; (Pub. L. 95–493, § 17, Oct. 20, 1978, 92 Stat. 1647.) Alfred D. Bell, Junior, Burlingame, Califor- nia; § 1218. Reservation of right to amend or repeal Mrs. Andrew J. Bennett, Junior, Baton chapter Rouge, Louisiana; The right to alter, amend, or repeal this chap- Rocky Bleier, Pittsburgh, Pennsylvania; ter is expressly reserved to the Congress. Frank J. Brennan, Fort Washington, Penn- sylvania; (Pub. L. 95–493, § 18, Oct. 20, 1978, 92 Stat. 1647.) N. Brewster Broder, Southfield, Michigan; Mrs. Edward G. Brown, Millbrook, New § 1219. Exemption from certain taxes York; Notwithstanding section 105 of title 4, United Mrs. Joseph O. Butcher, Bloomington, Indi- States Code, or title 47, chapter 26 of the Dis- ana; trict of Columbia Code (1973), or any other provi- Marvin E. Cardoza, San Francisco, Califor- sion of the District of Columbia Code, the Cor- nia; poration shall not be required to pay, collect, or Zebedee C. Chaney, Junior, New York, New account for any tax specified in such sections York; applicable to taxable events occurring within Louis J. Cohen, Newark, New Jersey; the United States Capitol building and grounds John B. Coleman, Chicago, Illinois; on or after January 1, 1964. Gilbert Colgate, Junior, New York, New York; (Pub. L. 95–493, § 19, as added Pub. L. 97–447, Jan. Robert K. Corn, Papillion, Nebraska; 12, 1983, 96 Stat. 2364.) Kathryn Grant Crosby, Beverly Hills, Cali- REFERENCES IN TEXT fornia; Title 47, chapter 26 of the District of Columbia Code Edward J. Daly, Oakland, California; (1973), referred to in text, is covered in chapter 20 of Richard J. Davis, Junior, Arlington, Vir- title 47 of the District of Columbia Code (1981). ginia; General Michael S. Davison, United States CHAPTER 45—UNITED SERVICE Army (retired), Washington, District of Co- ORGANIZATIONS, INC. lumbia; Sec. Colonel Peter Dawkins, United States Army, 1301. Corporation created. Fort Campbell, Kentucky; 1302. Objects and purposes of corporation. John W. Dixon, Dallas, Texas; 1303. Powers of corporation. Mikki Ehrenfeld, Lincoln, Massachusetts; § 1302 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 166

E. Stanley Enlund, Chicago, Illinois; Jeff Wald, Beverly Hills, California; Kimball C. Firestone, Potomac, Maryland; Doctor Seymour S. Weisman, Norwalk, Con- Mrs. Maxine Flournoy, Alice, Texas; necticut; Robert G. Geib, New York, New York; William G. Whyte, Washington, District of Rear Admiral Lawrence R. Geis, United Columbia; States Navy (retired), Jacksonville, Florida; Clifford R. Williams, Milwaukee, Wisconsin; Jacob Goodstein, New York, New York; Julius E. Williams, New York, New York; Theodore J. Hagans, Junior, Washington, Michael Collins, Washington, District of Co- District of Columbia; lumbia; Mrs. Henry E. Harriman, Junior, San Diego, and their successors are hereby created and de- California; clared to be a body corporate having the name John Halliburton, Kerrville, Texas; United Service Organizations, Incorporated Ronald E. Herington, New Bedford, Massa- (hereinafter the ‘‘corporation’’). The said cor- chusetts; poration shall have perpetual existence and the Mrs. Margaret Howard Ismaila, Cleveland, powers, limitations, and restrictions herein con- Ohio; tained. Eugene Jelesnik, Salt Lake City, Utah; Major General Orris E. Kelly, United States (Pub. L. 96–165, § 1, Dec. 29, 1979, 93 Stat. 1267.) Army, Washington, District of Columbia; SECTION REFERRED TO IN OTHER SECTIONS Robert P. Kelsey, Junior, Boston, Massachu- This section is referred to in section 1305 of this title. setts; Donald R. Keough, Atlanta, Georgia; § 1302. Objects and purposes of corporation Ralph B. Kohnen, Junior, Cincinnati, Ohio; James J. Lazarus, Kearny, New Jersey; The objects and purposes of the corporation Honorable John Davis Lodge, Westport, Con- are to provide a voluntary civilian agency necticut; through which the people of this Nation may, in Honorable Al G. Loehr, Saint Cloud, Min- peace or war, serve the religious, spiritual, so- nesota; cial, welfare, educational, and entertainment Morgan Maxfield, North Kansas City, Mis- needs of the men and women in the Armed souri; Forces within or without the territorial limits Mrs. Andrew M. McBurney, New York, New of the United States, and in general, to contrib- York; ute to the maintenance of morale of such men Fred M. McCahey, Winnetka, Illinois; and women; to solicit funds for the maintenance Brigadier General Martin Menter, United of the organization and the accomplishment of States Air Force (retired), Chevy Chase, Mary- its responsibility; to accept the cooperation of land; and to provide an organization and a means Ms. Mary Wells Milam, Miami, Florida; through which the National Board of Young Nick J. Mileti, Gates Mills, Ohio; Men’s Christian Associations, National Board of Donald L. Miller, New York, New York; Young Women’s Christian Associations, Na- Doctor Ron Miller, Brooklyn, New York; tional Catholic Community Service, the Salva- 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; SECTION REFERRED TO IN OTHER SECTIONS Colonel C. Haskell Small, United States This section is referred to in sections 1303, 1304, 1305 Army (retired), Washington, District of Co- of this title. lumbia; § 1303. Powers of corporation Robert A. Staub, New York, New York; Dorothy C. Stephens, Washington, District The corporation shall have all the powers nec- of Columbia; essary and proper to accomplish the objects and Warren Titus, Boston, Massachusetts; purposes set forth in section 1302 of this title. Martin Tucker, New York, New York; Without limiting the generality of the fore- Mrs. Pearl Scott Tyler, Boston, Massachu- going, the corporation shall have the following setts; specific powers: Mrs. Audrey Ullman, Arlington, Virginia; (a) To enact and amend bylaws, rules, and reg- Mrs. Paula Unruh, Tulsa, Oklahoma; ulations for its internal governance and man- Page 167 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 1305 agement, not inconsistent with this chapter or to the benefit of any private person except a other provisions of law. fund, foundation, association, or corporation op- (b) To establish, regulate, and terminate erated exclusively for charitable purposes. State, regional, local, and overseas councils, or- (d) Distribution of income or assets to members ganizations, chapters, or affiliates in such man- No part of the income or assets of the corpora- ner and by such rules as it deems appropriate so tion shall inure to any member, governor, offi- as to enable it to carry out its powers and ac- cer, or employee of the corporation or be distrib- complish the objects and purposes set forth in utable to any person during the life of the cor- section 1302 of this title. poration or upon its dissolution or liquidation. (c) To solicit and raise funds for the accom- Nothing in this subsection, however, shall be plishment of its purposes, and to accept gifts, construed to prevent the payment of reasonable legacies, devises, and support in furtherance compensation for services rendered to officers thereof. and employees of the corporation and other per- (d) To acquire, hold, and dispose of such real sons, or to prevent their reimbursement for ac- and personal property as may be necessary to tual necessary expenses in amounts approved by carry out the corporate purposes; to sell, mort- the corporation’s board of governors. gage, or lease any of its real property if author- (e) Loans ized by its board of governors. (e) To make and enter into contracts. The corporation shall not make loans to its (f) To borrow money for the purposes of the members, officers, governors, or employees. corporation, issue bonds therefor, and secure the (Pub. L. 96–165, § 4, Dec. 29, 1979, 93 Stat. 1269.) same by mortgage, subject in every case to all applicable provisions of Federal and State law. § 1305. Governance of corporation (g) To adopt and alter a corporate seal, em- (a) Membership blems, and marks. The persons listed in section 1301 of this title (h) To choose such officers, representatives, are the present members of United Service Orga- and agents as may be necessary to carry out the nizations, Incorporated, a corporation organized corporate purposes. under the Not-for-Profit Corporation Law of the (i) To establish and maintain offices for the State of New York (hereinafter ‘‘the New York conduct of the affairs of the corporation. Corporation’’). Upon the enactment of this char- (j) To publish a newspaper, magazine, or other ter, and for not more than one year thereafter, publications. the said persons shall be the members of the cor- (k) To sue and be sued in any court. poration hereunder. They shall adopt bylaws and (l) To do any and all acts and things necessary perform all other acts necessary to complete the and proper to accomplish the foregoing specifi- organization of the corporation. Thereafter, the cally enumerated purposes. members of the corporation shall consist of nine (Pub. L. 96–165, § 3, Dec. 29, 1979, 93 Stat. 1269.) persons designated by the President of the United States, and such representatives of the § 1304. Restrictions organizations listed in section 1302 of this title (a) Political activities and of the public at large as shall be specified in the bylaws. The rights, privileges, and designa- The corporation shall be nonpolitical and, as tions of the classes of members shall also be as an organization, shall not furnish financial aid specified in the bylaws. or assistance to, or otherwise promote the can- didacy of, any person seeking elective public of- (b) Board of governors fice. No substantial part of the activities of the The management of the corporation shall be corporation shall involve carrying on propa- entrusted to a board of governors, which shall be ganda, or otherwise attempting to influence leg- responsible for the general policies and program islation. of the corporation and for the control of its af- (b) Issuance of stock; dividends fairs and property. Upon the enactment of this charter and for not more than one year there- The corporation shall have no power to issue after, the membership of the initial board of any shares of capital stock, or to declare or pay governors of the corporation created hereunder any dividends. It shall also have no power to en- shall consist of the present members of the gage in any business activity for pecuniary prof- board of governors of the New York corporation. it unless the activity is substantially related to Thereafter, the board of governors shall be the carrying out of its objects and purposes, as elected by the members of the corporation for set forth in section 1302 of this title, or the rais- such terms and in such classes as shall be speci- ing of funds for the accomplishment of said pur- fied in the bylaws, and shall include the follow- poses. ing persons: (c) Use of assets on dissolution or liquidation (1) Six members appointed by the President The property of the corporation is irrevocably of the United States. dedicated to charitable purposes. Upon dissolu- (2) The Secretary of Defense, or his designee. tion or final liquidation of the corporation, after (3) Such representatives of the organizations discharge or satisfaction of all outstanding obli- listed in section 1302 of this title and of the gations and liabilities, its remaining assets, if public at large as shall be specified in the by- any, shall be distributed in accordance with the laws. determination of its board of governors, in com- (c) Other governing bodies pliance with its bylaws and all Federal and The corporation shall have such other govern- State laws applicable thereto: Provided, however, ing bodies and committees as may be provided That its property shall not, in any event, inure for in its bylaws. § 1306 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 168

(d) Officers its local, State, or regional councils, organiza- The office of honorary chairman of the cor- tions, chapters, or affiliates may have activities, poration shall be tendered to the President of the name and post office address of an author- the United States. Upon acceptance of such of- ized agent upon whom local process or demands fice, the honorary chairman shall be invited to against the corporation may be served. preside at such meetings of the corporation as (d) Books and records; inspection he may deem appropriate and convenient. The The corporation shall keep correct and com- corporation shall have such other officers as plete books and records of account and shall may be designated in its bylaws. also keep minutes of the proceedings of its mem- (Pub. L. 96–165, § 5, Dec. 29, 1979, 93 Stat. 1270.) bers, and of its board of governors, or any com- mittee having any of the authority of the board § 1306. Acquisition of assets and liabilities of ex- of governors; and shall keep at its principal of- isting corporation; retention of State cor- fice a record giving the names and addresses of porate status its members entitled to vote; and shall permit Upon the enactment of this charter, the cor- all books and records of the corporation to be poration shall acquire the assets and assume the inspected by any member or his agent or his at- liabilities of the New York corporation. The torney for any purpose at any reasonable time. United Service Organizations, Incorporated, (e) Annual report shall retain and maintain its existing status as The corporation shall make public an annual a corporation incorporated under the laws of the report concerning its proceedings and activities State of New York, another State, or the Dis- for the preceding calendar year. trict of Columbia. (f) Audit of financial transactions (Pub. L. 96–165, § 6, Dec. 29, 1979, 93 Stat. 1271.) The provisions of sections 1102 and 1103 of this § 1307. Exclusive right to names, insignia, em- title shall apply with respect to the corporation. blems, and badges (g) Omitted The corporation, its regional, State, and local (h) Reservation of right to amend or repeal chap- councils, organizations, chapters, and affiliates ter shall have the sole and exclusive right to use the names ‘‘United Service Organizations, Incor- The right to alter, amend, or repeal this chap- porated’’ and ‘‘USO’’ and such distinctive insig- ter is hereby expressly reserved to the Congress. nia, emblems, and badges as the corporation (Pub. L. 96–165, § 9, Dec. 29, 1979, 93 Stat. 1271, may lawfully adopt in carrying out its purposes. 1272.)

(Pub. L. 96–165, § 7, Dec. 29, 1979, 93 Stat. 1271.) CODIFICATION § 1308. Assistance by Government agencies Subsec. (g) provided for an amendment to section 1101 of this title. The Department of Defense may make its re- sources available to the USO, to the extent com- CHAPTER 46—UNITED STATES HOLOCAUST patible with the primary mission of the Depart- MEMORIAL COUNCIL ment of Defense and in accordance with guide- lines promulgated by the Secretary of Defense, Sec. 1401. Council established; functions. in order to facilitate the accomplishment of the 1402. Membership. USO mission. (a) Composition of Council; appointment; (Pub. L. 96–165, § 8, Dec. 29, 1979, 93 Stat. 1271.) vacancies. (b) Composition of initial Council; ten- § 1309. Miscellaneous provisions ure. (c) Term of office. (a) Principal office; territorial scope of activities (d) Chairperson and Vice Chairperson; The principal office of the corporation shall be term of office; vacancies. (e) Reappointment. located in New York, New York, or in such other 1403. Compensation; travel expenses; full-time offi- place as may be later determined by the board of cers or employees of United States or Mem- governors, but the activities of the corporation bers of Congress. shall not be confined to that place. The said ac- 1404. Administrative provisions. tivities may be conducted throughout the var- (a) Bylaws; quorum. ious States, territories, and possessions of the (b) Experts and consultants. United States, and in foreign countries. (c) Contract authority. (d) Assistance from other Federal depart- (b) Agent for service of process ments and agencies. The corporation shall maintain at all times in (e) Administrative services and support. the District of Columbia a designated agent au- 1405. Staff. thorized to accept service of process for the cor- (a) Executive Director. (b) Appointment of employees. poration. Service upon, or notice mailed to the 1406. Memorial museum. business address of, such agent, shall be deemed (a) Transfer or purchase of real property notice to or service upon the corporation. in District of Columbia. (c) Local agents for service of process (b) Architectural design approval. (c) Termination of construction and op- The corporation shall file in the office of the eration authority. secretary of each State, territory, or possession (d) Employees performing governmental of the United States in which the corporation or functions. Page 169 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 1402

Sec. (3) one appointed by the Secretary of Edu- (e) Insurance. cation. 1407. Gifts, bequests, and devises of property; tax treatment. Of the sixty-five voting members, five shall be 1408. Authorization of appropriations. appointed by the Speaker of the United States 1409. Annual report. House of Representatives from among members 1410. Audit of financial transactions. of the United States House of Representatives 1411. Report. and five shall be appointed by the President pro § 1401. Council established; functions tempore of the United States Senate upon the recommendation of the majority and minority There is hereby established as an independent leaders from among members of the United Federal establishment the United States Holo- States Senate. Any vacancy in the Council shall caust Memorial Council (hereinafter in this be filled in the same manner as the original ap- chapter referred to as the ‘‘Council’’). The Coun- pointment was made. cil shall— (1) provide for appropriate ways for the Na- (b) Composition of initial Council; tenure tion to commemorate the Days of Remem- The members of the United States Holocaust brance, as an annual, national, civic com- Memorial Council, as in effect immediately be- memoration of the holocaust, and shall en- fore October 7, 1980, are hereby designated as courage and sponsor appropriate observances members of the Council. All noncongressional of such Days of Remembrance throughout the voting members designated under the preceding United States; sentence shall serve terms as follows: (2) plan, construct, and operate, a permanent (1) All such noncongressional voting mem- living memorial museum to the victims of the bers shall serve until January 15, 1986. holocaust, in cooperation with the Secretary (2) On January 15, 1986, the terms of eleven of the Interior and other Federal agencies as of such noncongressional voting members, as provided in section 1406 1 of this title; and designated in the bylaws of the Council, shall (3) develop a plan for carrying out the rec- terminate. ommendations of the President’s Commission (3) On January 15 of each year thereafter on the Holocaust in its report to the President through 1990 the terms of eleven other such of September 27, 1979, to the extent such rec- noncongressional voting members, as des- ommendations are not otherwise provided for ignated in the bylaws of the Council, shall ter- in this chapter. minate. (Pub. L. 96–388, § 1, Oct. 7, 1980, 94 Stat. 1547; Pub. (c) Term of office L. 99–190, § 101(d) [title III, § 324(1)], Dec. 19, 1985, (1) Except as provided in subsection (b) of this 99 Stat. 1224, 1267; Pub. L. 102–529, § 3(1), Oct. 27, section and except as otherwise provided in this 1992, 106 Stat. 3463.) subsection, Council members shall serve for

CODIFICATION five-year terms. (2) The terms of the five members of the Section 1406 of this title, referred to in par. (2), was United States House of Representatives and the in the original ‘‘section 5’’, meaning section 5 of Pub. five members of the United States Senate ap- L. 96–388, which is classified to section 1405 of this title. This reference was translated as section 1406 of this pointed during any term of Congress shall each title, which was enacted by section 6 of Pub. L. 96–388, expire at the end of such term of Congress. to reflect the probable intent of Congress in view of the (3) Any member appointed to fill a vacancy oc- subject matter of section 1406, which relates to the curring before the expiration of the term for planning, construction, and operation of a permanent which his predecessor was appointed shall be ap- living memorial museum to victims of the holocaust. pointed only for the remainder of such term. A AMENDMENTS member, other than a Member of Congress ap- pointed by the Speaker of the United States 1992—Par. (2). Pub. L. 102–529 substituted ‘‘operate’’ House of Representatives or the President pro for ‘‘oversee the operation of’’. 1985—Pub. L. 99–190 inserted ‘‘as an independent Fed- tempore of the United States Senate, may serve eral establishment’’ after ‘‘established’’ in first sen- after the expiration of his term until his succes- tence. sor has taken office.

SECTION REFERRED TO IN OTHER SECTIONS (d) Chairperson and Vice Chairperson; term of office; vacancies This section is referred to in section 1406 of this title. (1) Except as provided in paragraph (2), the § 1402. Membership Chairperson and Vice Chairperson of the Council shall be appointed by the President from among (a) Composition of Council; appointment; vacan- the members of the Council and such Chair- cies person and Vice Chairperson shall each serve for The Council shall consist of sixty-five voting terms of five years. Vacancies in the offices of members appointed (except as otherwise pro- Chairperson and Vice Chairperson shall be filled, vided in this section) by the President and the as they arise, by appointment of the President. following ex officio nonvoting members: (2) The Chairperson and Vice Chairperson of (1) one appointed by the Secretary of the In- the United States Holocaust Memorial Council, terior; as in effect immediately before October 1, 1980, (2) one appointed by the Secretary of State, are hereby designated respectively as the initial and Chairperson and Vice Chairperson of the Coun- cil. Such initial Chairperson and Vice Chair- 1 See Codification note below. person shall serve until January 15, 1986. § 1403 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 170

(e) Reappointment the members of the Council shall constitute a Members whose terms expire may be reap- quorum, and any vacancy in the Council shall pointed, and the Chairperson and Vice Chair- not affect its powers to function. person may be reappointed to those offices. (b) Experts and consultants (Pub. L. 96–388, § 2, Oct. 7, 1980, 94 Stat. 1547; Pub. The Council may obtain the services of experts L. 97–84, § 1(1)–(3), Nov. 20, 1981, 95 Stat. 1097.) and consultants in accordance with the provi- sions of section 3109 of title 5, at rates not to ex- AMENDMENTS ceed the daily equivalent of the maximum an- 1981—Subsec. (a). Pub. L. 97–84, § 1(1), increased size of nual rate of basic pay in effect for grade GS–18 Council from sixty members to sixty-five members. of the General Schedule. Subsec. (b). Pub. L. 97–84, § 1(2), substituted ‘‘are here- (c) Contract authority by designated as members’’ for ‘‘are hereby designated as the initial members’’ and ‘‘All noncongressional vot- The Council may, in accordance with applica- ing members designated under the preceding sentence’’ ble law, enter into contracts and other arrange- for ‘‘Such initial members (other than the initial mem- ments with public agencies and with private or- bers appointed from the United States Senate or the ganizations and persons and may make such United States House of Representatives)’’ in provisions payments as may be necessary to carry out its preceding par. (1), substituted ‘‘All such noncongres- sional voting members’’ for ‘‘All initial members’’ in functions under this chapter. par. (1), substituted ‘‘eleven of such noncongressional (d) Assistance from other Federal departments voting members’’ for ‘‘ten of such initial members’’ in and agencies par. (2), substituted ‘‘eleven other such noncongres- sional voting members’’ for ‘‘ten other initial mem- The Secretary of the Smithsonian Institution, bers’’ in par. (3), and struck out provision following the Library of Congress, and all executive par. (3) which had provided that the terms of the initial branch departments, agencies, and establish- members appointed from the United States Senate and ments of the United States may assist the Coun- the United States House of Representatives would ex- cil in the performance of its functions under this pire upon the expiration of the term of Congress in ses- chapter. sion on Oct. 7, 1980. Subsec. (c)(1). Pub. L. 97–84, § 1(3), struck out ‘‘with (e) Administrative services and support respect to the initial members of the Council’’ after The Secretary of the Interior may provide ad- ‘‘Except as provided in subsection (b) of this section’’. ministrative services and support to the Council on a reimbursable basis. § 1403. Compensation; travel expenses; full-time officers or employees of United States or (Pub. L. 96–388, § 4, Oct. 7, 1980, 94 Stat. 1548.) Members of Congress REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY (a) Except as provided in subsection (b) of this RATES section, members of the Council are each au- References in laws to the rates of pay for GS–16, 17, thorized to be paid the daily equivalent of the or 18, or to maximum rates of pay under the General maximum annual rate of basic pay in effect for Schedule, to be considered references to rates payable 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 Title 5. of the Council. While away from their homes or 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- (b) Members of the Council who are full-time caust Memorial Council subject to appointment by the 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], REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY Oct. 30, 1986, 100 Stat. 3341–242, 3341–283. RATES Pub. L. 99–190, § 101(d) [title II], Dec. 19, 1985, 99 Stat. 1224, 1262. References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General WAIVER OF HOLOCAUST MEMORIAL COUNCIL BYLAWS 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 (a) Bylaws; quorum member of the Council and such waiver shall become 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 writ- its functions under this chapter. One-third of ing with the action taken’’. Page 171 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 1406

Similar provisions were contained in the following nel as the Director considered appropriate and which prior appropriation act: also provided that the Executive Director and staff of Pub. L. 99–500, § 101(h) [title II], Oct. 18, 1986, 100 Stat. the Council be appointed subject to the provisions of 1783–242, 1783–283, and Pub. L. 99–591, § 101(h) [title II], title 5 governing appointments in the competitive serv- Oct. 30, 1986, 100 Stat. 3341–242, 3341–283. ice, and be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of title 5 re- § 1405. Staff lating to classifications and General Schedule pay (a) Executive Director rates. There shall be an Executive Director of the REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY Holocaust Memorial Museum who shall be ap- RATES pointed by the Chairperson of the Council, sub- References in laws to the rates of pay for GS–16, 17, ject to confirmation of the Council, who may be or 18, or to maximum rates of pay under the General paid with nonappropriated funds, and who, if Schedule, to be considered references to rates payable paid with appropriated funds, shall be paid at a under specified sections of Title 5, Government Organi- zation and Employees, see section 529 [title I, § 101(c)(1)] rate not to exceed the maximum rate of basic of Pub. L. 101–509, set out in a note under section 5376 pay payable for GS–18 of the General Schedule. of Title 5. The Executive Director shall serve at the pleas- ure of the Council. MEMORIAL EMPLOYEES BROUGHT INTO COMPETITIVE SERVICE (b) Appointment of employees Pub. L. 102–381, title II, Oct. 5, 1992, 106 Stat. 1415, pro- The Executive Director shall have authority vided in part: ‘‘That all employees of the memorial on to— April 1, 1993, including employees currently on excepted (1) appoint employees in the competitive appointments covered under schedules A, B, and C, who service subject to the provisions of chapter 51 are performing inherently governmental functions and subchapter III of chapter 53 of title 5 re- which will continue after the opening of the museum lating to classification and general schedule shall be brought into the competitive service in accord- pay rates; and ance with the classification and pay policy guidelines contained in title V [5] of the United States Code.’’ (2) appoint and fix the compensation (at a rate not to exceed the maximum rate of basic § 1406. Memorial museum pay payable for GS–18 of the General Sched- ule) of up to three employees notwithstanding (a) Transfer or purchase of real property in Dis- any other provision of law; and trict of Columbia (3) implement decisions of the Council, in For purposes of establishing the memorial mu- the manner directed by the Council, and per- seum referred to in paragraph (2) of section 1401 form such other functions as may be assigned of this title, any department, agency, or instru- from time to time by the Council, the Execu- mentality of the United States is authorized to tive Committee of the Council, or the Chair- transfer to the administrative jurisdiction of person of the Council. the Council, with the approval of the Secretary of the Interior in consultation with the Commis- (Pub. L. 96–388, § 5, Oct. 7, 1980, 94 Stat. 1549; Pub. sion of Fine Arts and the National Capital Plan- L. 97–84, § 1(4), Nov. 20, 1981, 95 Stat. 1097; Pub. L. ning Commission, any real property in the Dis- 100–71, title I, § 101, July 11, 1987, 101 Stat. 418; trict of Columbia which is under the administra- Pub. L. 103–138, title III, § 309, Nov. 11, 1993, 107 tive jurisdiction of such department, agency, or Stat. 1416.) 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, owner thereof, any real property within the Dis- if paid with appropriated funds,’’ for ‘‘The Council trict of Columbia which it deems suitable for shall, without regard to section 5311(b) of title 5, have purposes of establishing such memorial mu- an Executive Director who shall be appointed by the 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 The architectural design for such memorial Chairperson of the Council, subject to confirmation of 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). (c) Termination of construction and operation 1981—Subsec. (b). Pub. L. 97–84 substituted provisions authority granting the Executive Director authority to (1) ap- point employees in the competitive service subject to The authority conferred pursuant to this chap- the provisions of chapter 51 and subchapter III of chap- ter for the construction and operation of the ter 53 of title 5 relating to classification and general memorial museum shall lapse on the date five schedule pay rates, and (2) appoint and fix the com- years after October 7, 1980 unless (1) the erection pensation (at a rate not to exceed the maximum rate of or establishment of such memorial is com- basic pay payable for GS–18 of the General Schedule) of 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 § 1407 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 172

Secretary, to ensure completion of the memorial requirements or restrictions applicable to appro- museum. priated funds. For the purposes of Federal in- (d) Employees performing governmental func- come, estate, and gift taxes, property accepted tions under this section shall be considered as a gift, bequest, or devise to the United States. All employees of the memorial who 1 on April 1, 1993, including employees currently on ex- (Pub. L. 96–388, § 7, Oct. 7, 1980, 94 Stat. 1549; Pub. cepted appointments covered under schedules A, L. 99–190, § 101(d) [title III, § 324(2)], Dec. 19, 1985, B, and C who are performing inherently govern- 99 Stat. 1224, 1267.) mental functions which will continue after the AMENDMENTS opening of the museum shall be brought into the competitive service in accordance with the clas- 1985—Pub. L. 99–190 inserted ‘‘invest,’’ after ‘‘admin- ister,’’ in first sentence, and inserted provisions relat- sification and pay policy guidelines contained in ing to funds donated to and accepted by the Council not 2 title V of the United States Code. being regarded as appropriated funds. (e) Insurance § 1408. Authorization of appropriations The Council shall maintain insurance on the memorial museum to cover such risks, in such To carry out the purposes of this chapter there amount, and containing such terms and condi- are authorized to be appropriated such sums as tions as the Council deems necessary. may be necessary for fiscal year 1993 and for each succeeding fiscal year through fiscal year (Pub. L. 96–388, § 6, Oct. 7, 1980, 94 Stat. 1549; Pub. 2000. Notwithstanding any other provision of L. 102–529, § 3(2), Oct. 27, 1992, 106 Stat. 3463.) law, there are authorized to be appropriated to AMENDMENTS the Council such amounts as may be necessary to obtain, from a private insurance carrier, in- 1992—Subsecs. (d), (e). Pub. L. 102–529 added subsecs. (d) and (e). surance against loss in connection with the me- morial museum and related property and exhib- TRANSFER OF AUDITORS WEST BUILDING (ANNEX 3); its. Notwithstanding any other provision of this RESPONSIBILITY FOR REPAIRS AND ALTERATIONS chapter, no funds authorized under this chapter Pub. L. 101–45, title II, June 30, 1989, 103 Stat. 125, pro- may be used for construction. Authority to vided that: enter into contracts and to make payments ‘‘Notwithstanding any other provision of law, the Ad- under this chapter, using funds authorized to be ministrator of General Services (Administrator) shall appropriated under this section shall be effec- transfer to the administrative jurisdiction of the Holo- tive only to the extent, and in such amounts, as caust Memorial Council (Council), without consider- ation, the Auditors West Building (Annex 3) located at provided in advance in appropriations Acts. Raoul Wallenberg Place and Independence Avenue (Pub. L. 96–388, § 8, Oct. 7, 1980, 94 Stat. 1549; Pub. Southwest, Washington, District of Columbia. L. 102–529, § 1, Oct. 27, 1992, 106 Stat. 3463.) ‘‘Prior to such transfer of jurisdiction to the Council, the Council shall agree to perform all necessary repairs AMENDMENTS and alterations to the Auditors West Building so as to 1992—Pub. L. 102–529 amended section generally. Prior renovate the exterior of the Auditors West Building in to amendment, section read as follows: ‘‘There is au- a manner consistent with preservation of the historic thorized to be appropriated to carry out the purposes of architecture of the building, and to preserve the struc- this chapter $722,000 for the fiscal year 1981, $800,000 for tural integrity of the building. The Council, prior to the fiscal year 1982, and $850,000 for the fiscal year 1983: such transfer, shall furnish to the Administrator, for Provided, however, That notwithstanding any other pro- his approval, a plan detailing the repairs and alter- vision of this chapter, none of the funds authorized ations proposed, dates for completion of the work, and herein may be available for construction. Authority to funding availability. enter into contracts and to make payments under this ‘‘In the event the Council ceases to exist, administra- chapter, using funds authorized to be appropriated tive jurisdiction of the Auditors West Building (Annex under this section, shall be effective only to the extent, 3) shall revert to the General Services Administra- and in such amounts, as provided in advance in appro- tion.’’ priation Acts.’’ SECTION REFERRED TO IN OTHER SECTIONS § 1409. Annual report This section is referred to in section 1401 of this title. The Executive Director shall make a full re- § 1407. Gifts, bequests, and devises of property; port annually to the Congress of his stewardship tax treatment of the authority to construct, operate, and maintain the Holocaust Museum, including an The Council may solicit, accept, hold, admin- accounting of all financial transactions involv- ister, invest, and use gifts, bequests, and devises ing donated funds. of property, both real and personal, to aid or fa- cilitate the construction, maintenance, and op- (Pub. L. 96–388, [§ 9], as added Pub. L. 99–190, eration of the memorial. Property may be ac- § 101(d) [title III, § 324(3)], Dec. 19, 1985, 99 Stat. cepted pursuant to this section, and the prop- 1224, 1267.) erty and the proceeds thereof used as nearly as § 1410. Audit of financial transactions possible in accordance with the terms of the gift, bequest, or devise donating such property. Financial transactions of the Council, includ- Funds donated to and accepted by the Council ing those involving donated funds, shall be au- pursuant to this section are not to be regarded dited by the Comptroller General as requested as appropriated funds and are not subject to any by the Congress, in accordance with generally accepted auditing standards. In conducting any 1 So in original. The word ‘‘who’’ probably should not appear. audit pursuant to this section, appropriate rep- 2 So in original. Probably should be title ‘‘5’’. resentatives of the Comptroller General shall Page 173 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 1508 have access to all books, accounts, financial entific, educational and civic improvement ac- records, reports, files and other papers, items or tivities, public safety in skiing, including, with- property in use by the Council, as necessary to out limiting the generality of the foregoing, the facilitate such audit, and such representatives dissemination of information with respect there- shall be afforded full facilities for verifying to and the formation of volunteer local patrols, transactions with the balances. consisting of competent skiers trained in the ad- (Pub. L. 96–388, [§ 10], as added Pub. L. 99–190, ministration of first aid, for the purpose of pre- § 101(d) [title III, § 324(3)], Dec. 19, 1985, 99 Stat. venting accidents and rendering speedy assist- 1224, 1267.) ance to persons sustaining accidents; to solicit contributions of money, services, and other § 1411. Report property for, and generally to encourage and as- sist in carrying out, the foregoing purposes in The Council shall submit to Congress by June every way. 30, 1995, a report containing each of the follow- ing: (Pub. L. 96–489, § 3, Dec. 2, 1980, 94 Stat. 2553.) (1) A description of the extent to which the objectives of this chapter are being met. § 1504. Service of process (2) An examination of future major endeav- With respect to service of process, the corpora- ors, initiatives, programs, or activities that tion shall comply with the laws of the States in the Council or museum proposes to undertake which it is incorporated and those States in to better fulfill the objectives of this chapter. which it carries on its activities in furtherance (3) An examination of the Federal role in the of its corporate purposes. funding of the Council and its activities, and any changes that may be warranted. (Pub. L. 96–489, § 4, Dec. 2, 1980, 94 Stat. 2553.) (Pub. L. 96–388, § 11, as added Pub. L. 102–529, § 2, § 1505. Membership Oct. 27, 1992, 106 Stat. 3463.) Eligibility for membership in the corporation CHAPTER 47—NATIONAL SKI PATROL and the rights and privileges of members shall, SYSTEM, INC. except as provided in this chapter, be as pro- vided in the bylaws of the corporation. Sec. 1501. Recognition as corporation and grant of Fed- (Pub. L. 96–489, § 5, Dec. 2, 1980, 94 Stat. 2553.) eral charter. 1502. Powers of corporation. § 1506. Board of directors 1503. Purposes of corporation. The board of directors of the corporation and 1504. Service of process. 1505. Membership. the responsibilities thereof shall be as provided 1506. Board of directors. in the articles of incorporation of the corpora- 1507. Officers. tion and in conformity with the laws of the 1508. Restrictions. State or States where incorporated. (a) Distribution of income or assets to members. (Pub. L. 96–489, § 6, Dec. 2, 1980, 94 Stat. 2553.) (b) Loans. (c) Political activities. § 1507. Officers (d) Issuance of stock; dividends. The officers of the corporation and the elec- 1509. Liability for acts of officers and agents. tion of such officers shall be the same as is pro- 1510. Books and records; inspection. 1511. Annual report. vided for in the articles of incorporation of the 1512. Reservation of right to amend or repeal chap- corporation and in conformity with the laws of ter. the State or States where incorporated. 1513. ‘‘State’’ defined. (Pub. L. 96–489, § 7, Dec. 2, 1980, 94 Stat. 2554.) 1514. Tax-exempt status. § 1501. Recognition as corporation and grant of § 1508. Restrictions Federal charter (a) Distribution of income or assets to members National Ski Patrol System, Incorporated, a No part of the income or assets of the corpora- corporation organized under the laws of the tion shall inure to any member, officer, or direc- States of New York and Colorado is hereby rec- tor of the corporation or be distributed to any ognized as such and granted a Federal charter. such person during the life of this charter. Noth- ing in this subsection shall be construed to pre- (Pub. L. 96–489, § 1, Dec. 2, 1980, 94 Stat. 2553.) vent the payment of reasonable compensation to § 1502. Powers of corporation officers of the corporation or reimbursement for actual necessary expenses in amounts approved National Ski Patrol System, Incorporated by the board of directors. (hereinafter referred to as the ‘‘corporation’’) 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 States where it is incorporated. any officer, director, or employee of the corpora- tion. (Pub. L. 96–489, § 2, Dec. 2, 1980, 94 Stat. 2553.) (c) Political activities § 1503. Purposes of corporation The corporation and any officer and director The purposes of the corporation shall be to of the corporation, acting as such officer or di- promote, in any and all ways, patriotic, sci- rector, shall not contribute to, support or other- § 1509 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 174 wise participate in any political activity or in Sec. any manner attempt to influence legislation. 1602. Powers of corporation. 1603. Objects and purposes of corporation. (d) Issuance of stock; dividends 1604. Service of process. The corporation shall have no power to issue 1605. Membership. any shares of stock nor to declare or pay any 1606. Board of directors. 1607. Officers. dividends. 1608. Restrictions. (Pub. L. 96–489, § 8, Dec. 2, 1980, 94 Stat. 2554.) (a) Distribution of income or assets to members. § 1509. Liability for acts of officers and agents (b) Loans. (c) Political activities. The corporation shall be liable for the acts of (d) Issuance of stock; dividends. its officers and agents when acting within the 1609. Liability for acts of officers and agents. scope of their authority. 1610. Books and records; inspection. 1611. Annual report. (Pub. L. 96–489, § 9, Dec. 2, 1980, 94 Stat. 2554.) 1612. Reservation of right to amend or repeal chap- ter. § 1510. Books and records; inspection 1613. ‘‘State’’ defined. 1614. Tax-exempt status. The corporation shall keep correct and com- plete books and records of account and shall § 1601. Recognition as corporation and grant of keep minutes of any proceeding of the corpora- Federal charter tion involving any of its members, the board of directors, or any committee having authority Gold Star Wives of America, a corporation or- under the board of directors. The corporation ganized and operating under the laws of the shall keep at its principal office a record of the State of New York, is hereby recognized as such names and addresses of all members having the and granted a Federal charter. right to vote. All books and records of such cor- (Pub. L. 96–497, § 1, Dec. 4, 1980, 94 Stat. 2595.) poration may be inspected by any member hav- ing the right to vote, or by any agent or attor- § 1602. Powers of corporation ney of such member, for any proper purpose, at Gold Star Wives of America (hereinafter re- any reasonable time. However, nothing in this ferred to as the ‘‘corporation’’) shall have only section shall be construed to contravene any ap- those powers granted to it through its bylaws plicable State law. and articles of incorporation filed in the State (Pub. L. 96–489, § 10, Dec. 2, 1980, 94 Stat. 2554.) in which it is incorporated. (Pub. L. 96–497, § 2, Dec. 4, 1980, 94 Stat. 2595.) § 1511. Annual report The corporation shall report annually to the § 1603. Objects and purposes of corporation Congress concerning the activities of the cor- The objects and purposes of the corporation poration during the preceding calendar year. shall be, solely, that it is— The report shall not be printed as a public docu- (a) organized and operated in the public in- ment. terest, as a nonpartisan and nonprofit organi- (Pub. L. 96–489, § 12, Dec. 2, 1980, 94 Stat. 2554.) zation, with terms of membership and require- ments for holding office within the organiza- § 1512. Reservation of right to amend or repeal tion which does not discriminate on the basis chapter of race, color, religion, or national origin; (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 (Pub. L. 96–489, § 13, Dec. 2, 1980, 94 Stat. 2555.) (c) organized for those purposes stated in its articles of incorporation which are not incon- § 1513. ‘‘State’’ defined sistent with any of the foregoing objects and For purposes of this chapter, the term ‘‘State’’ purposes. includes the District of Columbia, the Common- (Pub. L. 96–497, § 3, Dec. 4, 1980, 94 Stat. 2595.) wealth of Puerto Rico, and the territories and possessions of the United States. § 1604. Service of process (Pub. L. 96–489, § 14, Dec. 2, 1980, 94 Stat. 2555.) With respect to service of process, the corpora- 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 pro- vided 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.) Page 175 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 1701

§ 1606. Board of directors section shall be construed to contravene any ap- plicable State law. The board of directors of the corporation and the responsibilities thereof shall be as provided (Pub. L. 96–497, § 10, Dec. 4, 1980, 94 Stat. 2596.) in the articles of incorporation of the corpora- tion and in conformity with the laws of the § 1611. Annual report State or States where incorporated. The corporation shall report annually to the (Pub. L. 96–497, § 6, Dec. 4, 1980, 94 Stat. 2596.) Congress concerning the activities of the cor- poration during the preceding calendar year. § 1607. Officers The report shall not be printed as a public docu- ment. The officers of the corporation and the elec- tion of such officers shall be as is provided in (Pub. L. 96–497, § 12, Dec. 4, 1980, 94 Stat. 2597.) the articles of incorporation of the corporation and in conformity with the laws of the State or § 1612. Reservation of right to amend or repeal States where incorporated. chapter (Pub. L. 96–497, § 7, Dec. 4, 1980, 94 Stat. 2596.) The right to alter, amend, or repeal this chap- ter is expressly reserved to the Congress. § 1608. Restrictions (Pub. L. 96–497, § 13, Dec. 4, 1980, 94 Stat. 2597.) (a) Distribution of income or assets to members § 1613. ‘‘State’’ defined No part of the income or assets of the corpora- tion shall inure to any member, officer, or direc- For purposes of this chapter, the term ‘‘State’’ tor of the corporation or be distributed to any means the several States, the District of Colum- such person during the life of this charter. Noth- bia, the Commonwealth of Puerto Rico and the ing in this subsection shall be construed to pre- territories and possessions of the United States. vent the payment of reasonable compensation to (Pub. L. 96–497, § 14, Dec. 4, 1980, 94 Stat. 2597.) officers of the corporation or reimbursement for actual necessary expenses in amounts approved § 1614. Tax-exempt status by the board of directors. The corporation shall retain its status as an (b) Loans organization exempt from taxation as provided The corporation shall not make any loan to in title 26. If the corporation fails to retain such any officer, director, or employee of the corpora- status, or if it fails to comply with the provi- tion. sions of this chapter, the charter granted hereby (c) Political activities shall expire. The corporation and any officer and director (Pub. L. 96–497, § 15, Dec. 4, 1980, 94 Stat. 2597.) of the corporation, acting as such officer or di- rector, shall not contribute to, support or other- CHAPTER 49—ITALIAN AMERICAN WAR wise participate in any political activity or in VETERANS OF THE UNITED STATES any manner attempt to influence legislation. Sec. (d) Issuance of stock; dividends 1701. Recognition as corporation and grant of Fed- The corporation shall have no power to issue eral charter. 1702. Powers of corporation. any shares of stock nor to declare or pay any 1703. Objects and purposes of corporation. dividends. 1704. Service of process. (Pub. L. 96–497, § 8, Dec. 4, 1980, 94 Stat. 2596.) 1705. Membership. 1706. Board of directors. § 1609. Liability for acts of officers and agents 1707. Officers. 1708. Restrictions. The corporation shall be liable for the acts of (a) Distribution of income or assets to its officers and agents when acting within the members. scope of their authority and in accordance with (b) Loans. the laws of the States in which it carries on its (c) Political activities. (d) Issuance of stock; dividends. activities. (e) Claim of approval or authorization. (Pub. L. 96–497, § 9, Dec. 4, 1980, 94 Stat. 2596.) 1709. Liability for acts of officers and agents. 1710. Books and records; inspection. § 1610. Books and records; inspection 1711. Annual report. 1712. Reservation of right to amend or repeal chap- The corporation shall keep correct and com- ter. plete books and records of account and shall 1713. ‘‘State’’ defined. keep minutes of any proceeding of the corpora- 1714. Tax-exempt status. tion involving any of its members, the board of 1715. Failure to comply with restrictions or provi- directors, or any committee having authority sions. under the board of directors. The corporation § 1701. Recognition as corporation and grant of shall keep at its principal office a record of the Federal charter names and addresses of all members having the right to vote. All books and records of such cor- Italian American War Veterans of the United poration may be inspected by any member hav- States, organized and incorporated under the ing the right to vote, or by any agent or attor- Nonprofit Corporation Acts of the States of ney of such member, for any proper purpose, at California, Connecticut, Florida, Massachusetts, any reasonable time. However, nothing in this New Jersey, New York, Ohio, Pennsylvania, and § 1702 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 176

Rhode Island, is hereby recognized as such and is (Pub. L. 97–82, § 6, Nov. 20, 1981, 95 Stat. 1092.) granted a charter. § 1707. Officers (Pub. L. 97–82, § 1, Nov. 20, 1981, 95 Stat. 1091.) The officers of the corporation, and the elec- § 1702. Powers of corporation tion of such officers shall be as is provided in Italian American War Veterans of the United the articles of incorporation of the corporation States (hereinafter referred to as the ‘‘corpora- and in conformity with the laws of the State or tion’’) shall have only those powers granted to it States wherein it is incorporated. through its bylaws and articles of incorporation (Pub. L. 97–82, § 7, Nov. 20, 1981, 95 Stat. 1092.) filed in the State or States in which it is incor- porated and subject to the laws of such State or § 1708. Restrictions States. (a) Distribution of income or assets to members (Pub. L. 97–82, § 2, Nov. 20, 1981, 95 Stat. 1091.) No part of the income or assets of the corpora- § 1703. Objects and purposes of corporation tion shall inure to any member, officer, or direc- tor of the corporation or be distributed to any The objects and purposes of the corporation such person during the life of this charter. Noth- are those provided in its articles of incorpora- ing in this subsection shall be construed to pre- tion and shall include the giving of patriotic al- vent the payment of reasonable compensation to legiance to the United States of America, fidel- the officers of the corporation or reimbursement ity to its Constitution and laws, and support to for actual necessary expenses in amounts ap- the security of civil liberty and permanence of proved by the board of directors. free institutions; the stimulation of patriotism in the minds of all Americans by encouraging (b) Loans the study of the history of the United States; to The corporation shall not make any loan to assure the preservation and defense of the any officer, director, or employee of the corpora- United States of America from all enemies with- tion. out any reservation whatsoever; the preserva- (c) Political activities tion of the memories and records of patriotic service performed by men and women who The corporation and any officer and director served in the Armed Forces of the United States of the corporation, acting as such officer or di- by gathering, collating, editing, publishing, and rector, shall not contribute to, support or other- exhibiting the memorabilia, data, records, mili- wise participate in any political activity or in tary awards, decorations, citations of those who any manner attempt to influence legislation. served in the Armed Forces of the United (d) Issuance of stock; dividends States, and the promotion of peace, prosperity, The corporation shall have no power to issue and good will between the peoples of the United any shares of stock nor to declare or pay any States of America and the Republic of Italy. The dividends. corporation shall function as a veterans’ and pa- triotic organization as authorized by the laws of (e) Claim of approval or authorization the State or States where it is incorporated. The corporation shall not claim congressional (Pub. L. 97–82, § 3, Nov. 20, 1981, 95 Stat. 1091.) approval or Federal Government authority for any of its activities. § 1704. Service of process (Pub. L. 97–82, § 8, Nov. 20, 1981, 95 Stat. 1092.) With respect to service of process, the corpora- tion shall comply with the laws of the States in § 1709. Liability for acts of officers and agents 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 (Pub. L. 97–82, § 5, Nov. 20, 1981, 95 Stat. 1091.) right to vote. All books and records of such cor- poration may be inspected by any member hav- § 1706. Board of directors ing the right to vote, or by any agent or attor- The board of directors of the corporation and ney of such member, for any proper purpose, at the responsibilities thereof shall be as provided any reasonable time. Nothing in this section in the articles of incorporation of the corpora- shall be construed to contravene any applicable tion and in conformity with the laws of the State law. State or States in which it is incorporated. (Pub. L. 97–82, § 10, Nov. 20, 1981, 95 Stat. 1092.) Page 177 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 1806

§ 1711. Annual report Sec. 1811. Annual report. The corporation shall report annually to the 1812. Reservation of right to amend or repeal chap- Congress concerning the activities of the cor- ter. poration during the preceding fiscal year. Such 1813. ‘‘State’’ defined. annual report shall be submitted at the same 1814. Tax-exempt status. time as is the report of the audit required by 1815. Failure to comply with restrictions or provi- sions. section 1101(54) of this title. The report shall not be printed as a public document. § 1801. Recognition as corporation and grant of (Pub. L. 97–82, § 12, Nov. 20, 1981, 95 Stat. 1093.) Federal charter

REFERENCES IN TEXT The United States Submarine Veterans of World War II, incorporated under the Non-profit Section 1101(54) of this title, referred to in text, was Corporation Act of the State of New Jersey, and in the original ‘‘section 11 of this Act’’, meaning sec- the State of Colorado, is hereby recognized as tion 11 of Pub. L. 97–82, which amended section 1101 of this title to include the Italian American War Veterans such and is granted a charter. of the United States within the definition of ‘‘private (Pub. L. 97–83, § 1, Nov. 20, 1981, 95 Stat. 1094.) corporations established under Federal law’’. Section 1103 of this title requires a report to Congress on the § 1802. Powers of corporation annual audit of private corporations established under Federal law. United States Submarine Veterans of World War II (hereinafter referred to as the ‘‘corpora- § 1712. Reservation of right to amend or repeal tion’’) shall have only those powers granted to it chapter through its bylaws and articles of incorporation filed in the State or States in which it is incor- The right to alter, amend, or repeal this chap- porated and subject to the laws of such State or ter is expressly reserved to the Congress. States. (Pub. L. 97–82, § 13, Nov. 20, 1981, 95 Stat. 1093.) (Pub. L. 97–83, § 2, Nov. 20, 1981, 95 Stat. 1094.) § 1713. ‘‘State’’ defined § 1803. Objects and purposes of corporation For purposes of this chapter, the term ‘‘State’’ The objects and purposes of the corporation includes the District of Columbia, the Common- are those provided in its articles of incorpora- wealth of Puerto Rico, and the territories and tion and shall include patriotism and loyalty to possessions of the United States. the United States of America; the perpetuation (Pub. L. 97–82, § 14, Nov. 20, 1981, 95 Stat. 1093.) and establishment of memorials to the memory of those shipmates who served aboard United § 1714. Tax-exempt status States submarines and gave their lives in sub- The corporation shall maintain its status as marine warfare during World War II; promotion an organization exempt from taxation as pro- of the spirit and unity that existed among the vided in title 26. If the corporation fails to main- United States Navy submarine crewmen during tain such status, the charter granted hereby World War II; fostering general public awareness shall expire. of life aboard submarines during World War II, through securing, restoring, and displaying the (Pub. L. 97–82, § 15, Nov. 20, 1981, 95 Stat. 1093.) submarines that were in service at that time; sponsoring annual college scholarships; and per- § 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 corpora- tion 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 Sec. of its corporate purposes. 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. 1804. Service of process. Eligibility for membership in the corporation 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. (c) Political activities. § 1806. Board of directors (d) Issuance of stock; dividends. (e) Claim of approval or authorization. The board of directors of the corporation and 1809. Liability for acts of officers and agents. the responsibilities thereof shall be as provided 1810. Books and records; inspection. in the articles of incorporation of the corpora- § 1807 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 178 tion and in conformity with the laws of the (Pub. L. 97–83, § 10, Nov. 20, 1981, 95 Stat. 1095.) State or States in which it is incorporated. § 1811. Annual report (Pub. L. 97–83, § 6, Nov. 20, 1981, 95 Stat. 1095.) The corporation shall report annually to the § 1807. Officers Congress concerning the activities of the cor- The officers of the corporation, and the elec- poration during the preceding fiscal year. Such annual report shall be submitted at the same tion of such officers shall be as is provided in 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(55) of this title. The report shall not States wherein it is incorporated. be printed as a public document. (Pub. L. 97–83, § 7, Nov. 20, 1981, 95 Stat. 1095.) (Pub. L. 97–83, § 12, Nov. 20, 1981, 95 Stat. 1096.) REFERENCES IN TEXT § 1808. Restrictions Section 1101(55) 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 corpora- tion 11 of Pub. L. 97–83, which amended section 1101 of tion shall inure to any member, officer, or direc- this title to include the United States Submarine Vet- erans of World War II within the definition of ‘‘private tor of the corporation or be distributed to any corporations established under Federal law’’. Section such person during the life of this charter. Noth- 1103 of this title requires a report to Congress on the ing in this subsection shall be construed to pre- 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- § 1812. 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. 97–83, § 13, Nov. 20, 1981, 95 Stat. 1096.) tion. (c) Political activities § 1813. ‘‘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. 97–83, § 14, Nov. 20, 1981, 95 Stat. 1096.) (d) Issuance of stock; dividends § 1814. 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 main- tain 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. 97–83, § 15, Nov. 20, 1981, 95 Stat. 1096.) (Pub. L. 97–83, § 8, Nov. 20, 1981, 95 Stat. 1095.) § 1815. Failure to comply with restrictions or pro- visions § 1809. 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. 97–83, § 16, Nov. 20, 1981, 95 Stat. 1096.) (Pub. L. 97–83, § 9, Nov. 20, 1981, 95 Stat. 1095.) CHAPTER 51—AMERICAN COUNCIL OF § 1810. Books and records; inspection LEARNED SOCIETIES

The corporation shall keep correct and com- Sec. plete books and records of account and shall 1901. Recognition as corporation and grant of Fed- keep minutes of any proceeding of the corpora- eral charter. tion involving any of its members, the board of 1902. Powers of corporation. directors, or any committee having authority 1903. Objects and purposes of corporation. under the board of directors. The corporation 1904. Service of process. shall keep at its principal office a record of the 1905. Membership. 1906. Board of directors. names and addresses of all members having the 1907. Officers. right to vote. All books and records of such cor- 1908. Restrictions. poration may be inspected by any member hav- (a) Distribution of income or assets to ing the right to vote, or by any agent or attor- 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 State law. 1 So in original. Probably should be ‘‘is’’. Page 179 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 1910

Sec. tion and in conformity with the laws of the (d) Issuance of stock; dividends. State or States in which it is incorporated. (e) Claim of approval or authorization. 1909. Liability for acts of officers and agents. (Pub. L. 97–192, § 6, June 1, 1982, 96 Stat. 109.) 1910. Books and records; inspection. 1911. Annual report. § 1907. Officers 1912. Reservation of right to amend or repeal chap- ter. The officers of the corporation, and the elec- 1913. ‘‘State’’ defined. tion of such officers shall be as is provided in 1914. Tax-exempt status. the articles of incorporation of the corporation and in conformity with the laws of the State or § 1901. Recognition as corporation and grant of States wherein it is incorporated. Federal charter (Pub. L. 97–192, § 7, June 1, 1982, 96 Stat. 110.) The American Council of Learned Societies, organized and incorporated under the Nonprofit § 1908. Restrictions Corporation Act of the District of Columbia (a) Distribution of income or assets to members [D.C. Code, § 29–501 et seq.], is hereby recognized as such and is granted a charter. No part of the income or assets of the corpora- tion shall inure to any member, officer, or direc- (Pub. L. 97–192, § 1, June 1, 1982, 96 Stat. 109.) tor of the corporation or be distributed to any REFERENCES IN TEXT such person during the life of this charter. Noth- ing in this subsection shall be construed to pre- The Nonprofit Corporation Act of the District of Co- vent the payment of reasonable compensation to lumbia, referred to in text, probably means the District of Columbia Nonprofit Corporation Act, Pub. L. 87–569, the officers of the corporation or reimbursement Aug. 6, 1962, 76 Stat. 265, as amended, which appears in for actual necessary expenses in amounts ap- chapter 5 (§ 29–501 et seq.) of Title 29, Corporations, of proved by the board of directors. the District of Columbia Code. (b) Loans § 1902. Powers of corporation The corporation shall not make any loan to any officer, director, or employee of the corpora- American Council of Learned Societies (here- tion. inafter referred to as the ‘‘corporation’’) shall have only those powers granted to it through its (c) Political activities bylaws and articles of incorporation filed in the The corporation and any officer and director State or States in which it is incorporated and of the corporation, acting as such officer or di- subject to the laws of such State or States. rector, shall not contribute to, support or other- wise participate in any political activity or in (Pub. L. 97–192, § 2, June 1, 1982, 96 Stat. 109.) any manner attempt to influence legislation. § 1903. Objects and purposes of corporation (d) Issuance of stock; dividends The objects and purposes of the corporation The corporation shall have no power to issue are those provided in its articles of incorpora- any shares of stock nor to declare or pay any tion and shall include the advancement of the dividends. humanistic studies in all fields of learning and (e) Claim of approval or authorization the maintenance and strengthening of relations The corporation shall not claim congressional among the national societies devoted to such approval or Federal Government authority for studies, and the corporation shall function as any of its activities. authorized by the laws of the State or States where it is incorporated. (Pub. L. 97–192, § 8, June 1, 1982, 96 Stat. 110.) (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 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. 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 of its corporate purposes. § 1910. Books and records; inspection (Pub. L. 97–192, § 4, June 1, 1982, 96 Stat. 109.) The corporation shall keep correct and com- plete books and records of account and shall § 1905. Membership 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. names and addresses of all members having the 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 hav- ing 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. § 1911 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 180

(Pub. L. 97–192, § 10, June 1, 1982, 96 Stat. 110.) Sec. 2015. Failure to comply with restrictions or provi- § 1911. Annual report sions. The corporation shall report annually to the § 2001. Recognition as corporation and grant of Congress concerning the activities of the cor- Federal charter poration during the preceding fiscal year. Such The National Federation of Music Clubs, orga- annual report shall be submitted at the same nized and incorporated under the laws of the time as in 1 the report of the audit required by State of Illinois, is hereby recognized as such section 1101(56) of this title. The report shall not and is granted a charter. be printed as a public document. (Pub. L. 97–231, § 1, Aug. 9, 1982, 96 Stat. 256.) (Pub. L. 97–192, § 12 June 1, 1982, 96 Stat. 111.) § 2002. Powers of corporation REFERENCES IN TEXT Section 1101(56) of this title, referred to in text, was The National Federation of Music Clubs (here- in the original ‘‘section 11 of this Act’’, meaning sec- inafter referred to as the ‘‘corporation’’) shall tion 11 of Pub. L. 97–192, which amended section 1101 of have only those powers granted to it through its this title to include the American Council of Learned bylaws and articles of incorporation filed in the Societies within the definition of ‘‘private corporations State or States in which it is incorporated and established under Federal law’’. Section 1103 of this subject to the laws of such State or States. title requires a report to Congress on the annual audit of private corporations established under Federal law. (Pub. L. 97–231, § 2, Aug. 9, 1982, 96 Stat. 256.) § 1912. Reservation of right to amend or repeal § 2003. Objects and purposes of corporation chapter The objects and purposes for which the cor- The right to alter, amend, or repeal this chap- poration is organized shall be those provided in ter is expressly reserved to the Congress. its articles of incorporation and also shall be— (1) to bring into working relations with one (Pub. L. 97–192, § 13, June 1, 1982, 96 Stat. 111.) another, music clubs and other musical orga- § 1913. ‘‘State’’ defined nizations and individuals directly or indirectly associated with musical activity for the pur- For purposes of this chapter, the term ‘‘State’’ pose of developing and maintaining high musi- includes the District of Columbia, the Common- cal standards; wealth of Puerto Rico, and the territories and (2) to aid and encourage musical education; possessions of the United States. and (Pub. L. 97–192, § 14, June 1, 1982, 96 Stat. 111.) (3) to promote American music and Amer- ican artists throughout the United States of § 1914. Tax-exempt status America and the world. The corporation shall maintain its status as The corporation shall function as a patriotic, an organization exempt from taxation as pro- civic, and historical organization as authorized vided in title 26. If the corporation fails to main- by the laws of the State or States wherein it is tain such status, the charter granted hereby incorporated. shall expire. (Pub. L. 97–231, § 3, Aug. 9, 1982, 96 Stat. 256.) (Pub. L. 97–192, § 15, June 1, 1982, 96 Stat. 111.) § 2004. Service of process CHAPTER 52—NATIONAL FEDERATION OF With respect to service of process, the corpora- MUSIC CLUBS tion shall comply with the laws of the States in Sec. which it is incorporated and those States in 2001. Recognition as corporation and grant of Fed- which it carries on its activities in furtherance eral charter. of its corporate purposes. 2002. Powers of corporation. 2003. Objects and purposes of corporation. (Pub. L. 97–231, § 4, Aug. 9, 1982, 96 Stat. 256.) 2004. Service of process. 2005. Membership. § 2005. Membership 2006. Board of directors. Eligibility for membership in the corporation 2007. Officers. and the rights and privileges of members shall 2008. Restrictions. be as provided in the bylaws of the corporation. (a) Distribution of income or assets to members. (Pub. L. 97–231, § 5, Aug. 9, 1982, 96 Stat. 256.) (b) Loans. (c) Political activities. § 2006. Board of directors (d) Issuance of stock; dividends. (e) Claim of approval or authorization. The board of directors of the corporation and (f) Retention of State corporate status. the responsibilities thereof shall be as provided 2009. Liability for acts of officers and agents. in the articles of incorporation of the corpora- 2010. Books and records; inspection. tion and in conformity with the laws of the 2011. Annual report. State or States in which it is incorporated. 2012. Reservation of right to amend or repeal chap- ter. (Pub. L. 97–231, § 6, Aug. 9, 1982, 96 Stat. 257.) 2013. ‘‘State’’ defined. 2014. Tax-exempt status. § 2007. Officers The officers of the corporation, and the elec- 1 So in original. Probably should be ‘‘is’’. tion of such officers shall be as is provided in Page 181 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 2015 the articles of incorporation of the corporation § 2011. Annual report and in conformity with the laws of the State or States wherein it is incorporated. The corporation shall report annually to the Congress concerning the activities of the cor- (Pub. L. 97–231, § 7, Aug. 9, 1982, 96 Stat. 257.) poration during the preceding fiscal year. Such annual report shall be submitted at the same § 2008. Restrictions time as is the report of the audit required by (a) Distribution of income or assets to members section 1101(53) 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. 97–231, § 12, Aug. 9, 1982, 96 Stat. 258.) 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(53) 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. 97–231, which amended section 1101 of for actual necessary expenses in amounts ap- this title to include the National Federation of Music Clubs within the definition of ‘‘private corporations es- proved by the board of directors. tablished under Federal law’’. Section 1103 of this title (b) Loans requires a report to Congress on the annual audit of The corporation shall not make any loan to private corporations established under Federal law. any officer, director, or employee of the corpora- § 2012. Reservation of right to amend or repeal tion. chapter (c) Political activities The right to alter, amend, or repeal this chap- The corporation and any officer and director ter is expressly reserved to the Congress. of the corporation, acting as such officer or di- rector, shall not contribute to, support or other- (Pub. L. 97–231, § 13, Aug. 9, 1982, 96 Stat. 258.) wise participate in any political activity or in § 2013. ‘‘State’’ defined any manner attempt to influence legislation. (d) Issuance of stock; dividends For purposes of this chapter, the term ‘‘State’’ includes the District of Columbia, the Common- The corporation shall have no power to issue wealth of Puerto Rico, and the territories and any shares of stock nor to declare or pay any possessions of the United States. dividends. (e) Claim of approval or authorization (Pub. L. 97–231, § 14, Aug. 9, 1982, 96 Stat. 258.) The corporation shall not claim congressional § 2014. Tax-exempt status approval or Federal Government authority for any of its activities. The corporation shall maintain its status as an organization exempt from taxation as pro- (f) Retention of State corporate status vided in title 26. If the corporation fails to main- The corporation shall retain and maintain its tain such status, the charter granted hereby status as a corporation organized and incor- shall expire. porated under the laws of the State of Illinois. (Pub. L. 97–231, § 15, Aug. 9, 1982, 96 Stat. 258.) (Pub. L. 97–231, § 8, Aug. 9, 1982, 96 Stat. 257.) § 2015. Failure to comply with restrictions or pro- § 2009. 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. 97–231, § 9, Aug. 9, 1982, 96 Stat. 257.) pire. (Pub. L. 97–231, § 16, Aug. 9, 1982, 96 Stat. 258.) § 2010. Books and records; inspection The corporation shall keep correct and com- CHAPTER 53—AMERICAN EX-PRISONERS OF plete books and records of account and shall WAR keep minutes of any proceeding of the corpora- Sec. tion involving any of its members, the board of 2101. Recognition as corporation and grant of Fed- directors, or any committee having authority eral charter. under the board of directors. The corporation 2102. Powers of corporation. shall keep at its principal office a record of the 2103. Objects and purposes of corporation. names and addresses of all members having the 2104. Service of process. 1 2105. Membership. right of vote. All books and records of such cor- 2106. Board of directors. poration may be inspected by any member hav- 2107. Officers. ing the right to vote, or by any agent or attor- 2108. 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. 97–231, § 10, Aug. 9, 1982, 96 Stat. 257.) (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. § 2101 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 182

Sec. (4) assistance to ex-prisoners of war who (f) Retention of State corporate status. have been injured or handicapped as a result of 2109. Liability for acts of officers and agents. 2110. Books and records; inspection. their service; 2111. Annual report. (5) maintenance of allegiance to the United 2112. Reservation of right to amend or repeal chap- States of America; ter. (6) preservation and defense of the United 2113. ‘‘State’’ defined. States from all of her enemies; and 2114. Tax-exempt status. (7) maintenance of historical records. 2115. Exclusive right to name and emblem. 2116. Failure to comply with restrictions or provi- (Pub. L. 97–234, § 3, Aug. 10, 1982, 96 Stat. 261.) sions. § 2104. Service of process § 2101. Recognition as corporation and grant of Federal charter With respect to service of process, the corpora- tion shall comply with the laws of the States in American Ex-Prisoners of War, organized and which it is incorporated and those States in incorporated under the Washington Nonprofit which it carries on its activities in furtherance Corporation Act (Wash. Rev. Code Ann. 24.03.005) of its corporate purposes. of the State of Washington by Charles Morgan, Junior, San Antonio, Texas; Edward Fisher, (Pub. L. 97–234, § 4, Aug. 10, 1982, 96 Stat. 262.) Fairhaven, Massachusetts; Charles Miller, La § 2105. Membership Jolla, California; C. Earl Derrington, Jackson, Mississippi; Edward Parks, Middleboro, Massa- Eligibility for membership in the corporation chusetts; Henry Goodall, Houston, Texas; Stan- and the rights and privileges of members shall ley Sommers, Marshfield, Wisconsin; Edward be as provided in the bylaws of the corporation. Allen, N. Olmstead, Ohio; Irving Rittenberg, (Pub. L. 97–234, § 5, Aug. 10, 1982, 96 Stat. 262.) Brookline, Massachusetts; Edgar Van Valkenberg, Saint Petersburg, Florida; W. C. § 2106. Board of directors Musten, Winston-Salem, North Carolina; Clifford Omtvedt, Eau Claire, Wisconsin; Orlo The board of directors of the corporation and Natvig, Charles City, Iowa; H. C. Griffin, Hous- the responsibilities thereof shall be as provided ton, Texas; Milton Moore, El Paso, Texas; Marie in the articles of incorporation of the corpora- Harre, Fairway, Kansas; Alfred Galloway, Se- tion and in conformity with the laws of the attle, Washington; Reginald Reed, Bremerton, State or States in which it is incorporated. Washington; Ralph Moulis, Tucson, Arizona; (Pub. L. 97–234, § 6, Aug. 10, 1982, 96 Stat. 262.) Betty Rodriquez, Albuquerque, New Mexico; Randall Briere, San Antonio, Texas; Joseph G. § 2107. Officers Schisser, San Leon, Texas; Herman Molen, Las The officers of the corporation, and the elec- Vegas, Nevada; Joseph B. Upton, Saint Louis, tion of such officers shall be as is provided in Missouri; Harold Page, Buckley, Washington; D. the articles of incorporation of the corporation C. Wimberly, Springhill, Louisiana; Albert and in conformity with the laws of the State or Braun, Phoenix, Arizona; Melvin Madero, San States wherein it is incorporated. Diego, California; Tillman Rutledge, San Anto- nio, Texas; Benson Guyton, Decatur, Alabama; (Pub. L. 97–234, § 7, Aug. 10, 1982, 96 Stat. 262.) Frank Hawkins, Oklahoma City, Oklahoma; § 2108. Restrictions Melvin Routt, Tracy, California; John Romine, Muskogee, Oklahoma; Christopher Morgan, Old (a) Distribution of income or assets to members Bridge, New Jersey; Allen Smith, Diana, Texas; No part of the income or assets of the corpora- and John G. Flynn, San Antonio, Texas, is here- tion shall inure to any member, officer, or direc- by recognized as such and is granted a charter. tor of the corporation or be distributed to any (Pub. L. 97–234, § 1, Aug. 10, 1982, 96 Stat. 261.) such person during the life of this charter. Noth- ing in this subsection shall be construed to pre- § 2102. Powers of corporation vent the payment of reasonable compensation to American Ex-Prisoners of War (hereafter in the officers of the corporation or reimbursement this chapter referred to as the ‘‘corporation’’) for actual necessary expenses in amounts ap- shall have only those powers granted to it proved by the board of directors. through its bylaws and articles of incorporation (b) Loans filed in the State or States in which it is incor- The corporation shall not make any loan to porated and subject to the laws of such State or any officer, director, or employee of the corpora- States. tion. (Pub. L. 97–234, § 2, Aug. 10, 1982, 96 Stat. 261.) (c) Political activities § 2103. Objects and purposes of corporation The corporation and any officer and director of the corporation, acting as such officer or di- The objects and purposes of the corporation rector, shall not contribute to, support, or are those provided in its articles of incorpora- otherwise participate in any political activity or tion and shall include— in any manner attempt to influence legislation. (1) encouragement of fraternity for the com- mon good; (d) Issuance of stock; dividends (2) fostering patriotism and loyalty; The corporation shall have no power to issue (3) assistance to widows and orphans of de- any shares of stock nor to declare or pay any ceased ex-prisoners of war; dividends. Page 183 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 2201

(e) Claim of approval or authorization (Pub. L. 97–234, § 14, Aug. 10, 1982, 96 Stat. 263.) The corporation shall not claim congressional § 2114. Tax-exempt status approval or Federal Government authority for any of its activities. The corporation shall maintain its status as (f) Retention of State corporate status an organization exempt from taxation as pro- vided in title 26. If the corporation fails to main- The corporation shall retain and maintain its tain such status, the charter granted hereby status as a corporation organized and incor- shall expire. porated under the laws of the State of Washing- ton. (Pub. L. 97–234, § 15, Aug. 10, 1982, 96 Stat. 263.) (Pub. L. 97–234, § 8, Aug. 10, 1982, 96 Stat. 262.) § 2115. Exclusive right to name and emblem § 2109. Liability for acts of officers and agents The corporation shall have the sole and exclu- sive right to use and to allow or refuse to others The corporation shall be liable for the acts of the use of the terms ‘‘American Ex-Prisoners of its officers and agents when acting within the War’’, and the official American Ex-Prisoners of scope of their authority. War emblem or any colorable simulation there- (Pub. L. 97–234, § 9, Aug. 10, 1982, 96 Stat. 263.) of. No powers or privileges hereby granted shall, however, interfere or conflict with established § 2110. Books and records; inspection or vested rights. The corporation shall keep correct and com- (Pub. L. 97–234, § 16, Aug. 10, 1982, 96 Stat. 263.) plete books and records of account and shall keep minutes of any proceeding of the corpora- § 2116. Failure to comply with restrictions or pro- tion involving any of its members, the board of visions directors, or any committee having authority If the corporation shall fail to comply with under the board of directors. The corporation any of the restrictions or provisions of this shall keep at its principal office a record of the chapter 1 the charter granted hereby shall ex- names and addresses of all members having the pire. right of 1 vote. All books and records of such cor- poration may be inspected by any member hav- (Pub. L. 97–234, § 17, Aug. 10, 1982, 96 Stat. 264.) ing the right to vote, or by any agent or attor- CHAPTER 54—FORMER MEMBERS OF ney of such member, for any proper purpose, at CONGRESS any reasonable time. Nothing in this section shall be construed to contravene any applicable Sec. State law. 2201. Recognition as corporation and grant of Fed- eral charter. (Pub. L. 97–234, § 10, Aug. 10, 1982, 96 Stat. 263.) 2202. Powers of corporation. § 2111. Annual report 2203. Objects and purposes of corporation. 2204. Service of process. The corporation shall report annually to the 2205. Membership. Congress concerning the activities of the cor- 2206. Board of directors. poration during the preceding fiscal year. Such 2207. Officers. 2208. Restrictions. annual report shall be submitted at the same (a) Distribution of income or assets to time as is the report of the audit required by members. section 1101(57) of this title. The report shall not (b) Loans. be printed as a public document. (c) Political activities. (d) Issuance of stock; dividends. (Pub. L. 97–234, § 12, Aug. 10, 1982, 96 Stat. 263.) (e) Claim of approval or authorization. REFERENCES IN TEXT 2209. Liability for acts of officers and agents. 2210. Books and records; inspection. Section 1101(57) of this title, referred to in text, was 2211. Annual report. in the original ‘‘section 11 of this Act’’, meaning sec- 2212. Reservation of right to amend or repeal chap- tion 11 of Pub. L. 97–234, which amended section 1101 of ter. this title to include the American Ex-Prisoners of War 2213. ‘‘State’’ defined. within the definition of ‘‘private corporations estab- 2214. Tax-exempt status. lished under Federal law’’. Section 1103 of this title re- 2215. Failure to comply with restrictions or provi- quires a report to Congress on the annual audit of pri- sions. vate corporations established under Federal law. § 2201. Recognition as corporation and grant of § 2112. Reservation of right to amend or repeal Federal charter chapter Former Members of Congress, organized and The right to alter, amend, or repeal this chap- incorporated under the Nonprofit Corporation ter is expressly reserved to the Congress. Act of the District of Columbia [D.C. Code, (Pub. L. 97–234, § 13, Aug. 10, 1982, 96 Stat. 263.) § 29–501 et seq.], is hereby recognized as such and is granted a charter. § 2113. ‘‘State’’ defined (Pub. L. 97–427, § 1, Jan. 8, 1983, 96 Stat. 2265.) For purposes of this chapter, the term ‘‘State’’ includes the District of Columbia, the Common- REFERENCES IN TEXT wealth of Puerto Rico, and the territories and The Nonprofit Corporation Act of the District of Co- possessions of the United States. lumbia, referred to in text, probably means the District

1 So in original. Probably should be ‘‘to’’. 1 So in original. Probably should be followed by a comma. § 2202 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 184 of Columbia Nonprofit Corporation Act, Pub. L. 87–569, the officers of the corporation or reimbursement Aug. 6, 1962, 76 Stat. 265, as amended, which appears in for actual necessary expenses in amounts ap- chapter 5 (§ 29–501 et seq.) of Title 29, Corporations, of proved by the board of directors. the District of Columbia Code. (b) Loans § 2202. Powers of corporation The corporation shall not make any loan to Former Members of Congress (hereinafter re- any officer, director, or employee of the corpora- ferred to as the ‘‘corporation’’) shall have only tion. those powers granted to it through its bylaws (c) Political activities and articles of incorporation filed in the State The corporation and any officer and director or States in which it is incorporated and subject of the corporation, acting as such officer or di- to the laws of such State or States. rector, shall not contribute to, support or other- (Pub. L. 97–427, § 2, Jan. 8, 1983, 96 Stat. 2265.) wise participate in any political activity or in any manner attempt to influence legislation. § 2203. Objects and purposes of corporation (d) Issuance of stock; dividends The objects and purposes of the corporation The corporation shall have no power to issue are those provided in its articles of incorpora- any shares of stock nor to declare or pay any tion and shall include the promotion of the dividends. cause of good government at the national level by improving the public understanding of the (e) Claim of approval or authorization United States Congress as an institution and The corporation shall not claim congressional strengthening its support by the public. The cor- approval or Federal Government authority for poration shall function as an educational, patri- any of its activities. otic, civic, historical, and research organization (Pub. L. 97–427, § 8, Jan. 8, 1983, 96 Stat. 2266.) as authorized by the laws of the State or States wherein it is incorporated. § 2209. Liability for acts of officers and agents (Pub. L. 97–427, § 3, Jan. 8, 1983, 96 Stat. 2265.) The corporation shall be liable for the acts of its officers and agents when acting within the § 2204. Service of process scope of their authority. With respect to service of process, the corpora- (Pub. L. 97–427, § 9, Jan. 8, 1983, 96 Stat. 2266.) tion shall comply with the laws of the States in which it is incorporated and those States in § 2210. Books and records; inspection which it carries on its activities in furtherance of its corporate purposes. The corporation shall keep correct and com- plete books and records of account and shall (Pub. L. 97–427, § 4, Jan. 8, 1983, 96 Stat. 2265.) keep minutes of any proceeding of the corpora- tion involving any of its members, the board of § 2205. Membership directors, or any committee having authority Eligibility for membership in the corporation under the board of directors. The corporation and the rights and privileges of members shall shall keep at its principal office a record of the be as provided in the bylaws of the corporation. names and addresses of all members having the right of 1 vote. All books and records of such cor- (Pub. L. 97–427, § 5, Jan. 8, 1983, 96 Stat. 2265.) poration may be inspected by any member hav- § 2206. Board of directors ing the right to vote, or by any agent or attor- 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 State or States in which it is incorporated. (Pub. L. 97–427, § 10, Jan. 8, 1983, 96 Stat. 2266.) (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 in the original ‘‘section 11 of this Act’’, meaning sec- No part of the income or assets of the corpora- tion 11 of Pub. L. 97–427, which amended section 1101 of tion shall inure to any member, officer, or direc- this title to include the Former Members of Congress tor of the corporation or be distributed to any 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- vent the payment of reasonable compensation to 1 So in original. Probably should be ‘‘to’’. Page 185 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 2307 quires a report to Congress on the annual audit of pri- (Pub. L. 98–257, § 1, Apr. 10, 1984, 98 Stat. 127.) vate corporations established under Federal law. § 2302. Corporate powers § 2212. Reservation of right to amend or repeal chapter The National Academy of Public Administra- tion (hereinafter referred to as the ‘‘academy’’) 1 The right to alter, amend, or repeal this chap- shall have only those powers granted to it ter is expressly reserved to the Congress. through its bylaws and articles of incorporation (Pub. L. 97–427, § 13, Jan. 8, 1983, 96 Stat. 2267.) filed in the State or States in which it is incor- porated and subject to the laws of such State or § 2213. ‘‘State’’ defined States. For purposes of this chapter, the term ‘‘State’’ (Pub. L. 98–257, § 2, Apr. 10, 1984, 98 Stat. 127.) includes the District of Columbia, the Common- § 2303. Objects and purposes of corporation wealth of Puerto Rico, and the territories and possessions of the United States. The objects and purposes for which the Acad- emy is organized shall be those provided in its (Pub. L. 97–427, § 14, Jan. 8, 1983, 96 Stat. 2267.) articles of incorporation and shall include— (1) evaluating the structure, administration, § 2214. Tax-exempt status operation, and program performance of Fed- The corporation shall maintain its status as eral and other governments and government an organization exempt from taxation as pro- agencies, anticipating, identifying, and ana- vided in title 26. If the corporation fails to main- lyzing significant problems and suggesting tain such status, the charter granted hereby timely corrective action; shall expire. (2) foreseeing and examining critical emerg- ing issues in governance, formulating prac- (Pub. L. 97–427, § 15, Jan. 8, 1983, 96 Stat. 2267.) tical approaches to their resolution; § 2215. Failure to comply with restrictions or pro- (3) assessing the effectiveness, structure, ad- visions ministration, and implications for governance of present or proposed public programs, poli- If the corporation shall fail to comply with cies, and processes, recommending specific any of the restrictions or provisions of this changes; chapter 1 the charter granted hereby shall ex- (4) advising on the relationship of Federal, pire. State, regional, and local governments; in- (Pub. L. 97–427, § 16, Jan. 8, 1983, 96 Stat. 2267.) creasing public officials’, citizens’, and schol- ars’ understanding of requirements and oppor- CHAPTER 55—NATIONAL ACADEMY OF tunities for sound governance and how these PUBLIC ADMINISTRATION can be effectively met; and (5) demonstrating by the conduct of its af- Sec. fairs a commitment to the highest profes- 2301. Recognition as corporation and grant of Fed- sional standards of ethics and scholarship. eral charter. 2302. Corporate powers. (Pub. L. 98–257, § 3, Apr. 10, 1984, 98 Stat. 127.) 2303. Objects and purposes of corporation. 2304. Service of process. § 2304. Service of process 2305. Membership. 2306. Board of directors. With respect to service of process, the Acad- 2307. Officers. emy shall comply with the laws of the State or 2308. Restrictions. States in which it is incorporated and the State (a) Distribution of income or assets to or States in which it carries on its activities in members. furtherance of its corporate purposes. (b) Loans. (c) Political activities. (Pub. L. 98–257, § 4, Apr. 10, 1984, 98 Stat. 127.) (d) Issuance of stock; dividends. § 2305. Membership (e) Claim of approval or authorization. (f) Retention of status under State laws. Eligibility for membership in the Academy 2309. Liability for acts of officers and agents. and the rights and privileges of members shall 2310. Books and records; inspection. be as provided in the bylaws of the corporation. 2311. Annual report. 2312. Reservation of right to amend or repeal chap- (Pub. L. 98–257, § 5, Apr. 10, 1984, 98 Stat. 127.) ter. 2313. ‘‘State’’ defined. § 2306. Board of directors 2314. Tax-exempt status. The board of directors of the Academy and the 2315. Failure to comply with restrictions or provi- sions. responsibilities thereof shall be as provided in 2316. Service to United States. the articles of incorporation of the Academy and in conformity with the laws of the State or § 2301. Recognition as corporation and grant of States in which it is incorporated. Federal charter (Pub. L. 98–257, § 6, Apr. 10, 1984, 98 Stat. 128.) The National Academy of Public Administra- § 2307. Officers tion, organized and incorporated under the laws of the District of Columbia, is hereby recognized The officers of the Academy, and the election as such and is granted a charter. of such officers, shall be as is provided in the ar-

1 So in original. Probably should be followed by a comma. 1 So in original. Probably should be capitalized. § 2308 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 186 ticles of incorporation of the Academy and in § 2311. Annual report conformity with the laws of the State or States The Academy shall report annually to the wherein it is incorporated. Congress concerning the activities of the cor- (Pub. L. 98–257, § 7, Apr. 10, 1984, 98 Stat. 128.) poration during the preceding fiscal year. Such annual report shall be submitted at the same § 2308. Restrictions time as is the report of the audit required by (a) Distribution of income or assets to members section 1101(61) 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. 98–257, § 12, Apr. 10, 1984, 98 Stat. 129.) tor of the Academy or be distributed to any such person during the life of this charter. Nothing in REFERENCES IN TEXT this subsection shall be construed to prevent the Section 1101(61) of this title, referred to in text, was payment of reasonable compensation to the offi- in the original ‘‘section 11 of this Act’’, meaning sec- cers and members of the Academy or reimburse- tion 11 of Pub. L. 98–257, which amended section 1101 of ment for actual necessary expenses in amounts this title to include the National Academy of Public Administration within the definition of ‘‘private cor- approved by the board of directors. porations established under Federal law’’. Section 1103 (b) Loans of this title requires a report to Congress on the annual The Academy shall not make any loan to any audit of private corporations established under Federal officer, director, or employee of the corporation. law. (c) Political activities § 2312. Reservation of right to amend or repeal The Academy and any officer and director of chapter the corporation, acting as such officer or direc- The right to alter, amend, or repeal this chap- tor, shall not contribute to, support, or other- ter is expressly reserved to the Congress. wise participate in any political activity or in any manner attempt to influence legislation. (Pub. L. 98–257, § 13, Apr. 10, 1984, 98 Stat. 129.) (d) Issuance of stock; dividends § 2313. ‘‘State’’ defined The Academy shall have no power to issue any For purposes of this chapter, the term ‘‘State’’ shares of stock nor to declare or pay any divi- includes the District of Columbia, the Common- dends. wealth of Puerto Rico, and the territories and (e) Claim of approval or authorization possessions of the United States. The Academy shall not claim congressional (Pub. L. 98–257, § 14, Apr. 10, 1984, 98 Stat. 129.) approval or Federal Government authority for any of its activities, other than by mutual § 2314. Tax-exempt status agreement. The corporation shall maintain its status as (f) Retention of status under State laws an organization exempt from taxation as pro- The Academy shall retain and maintain its vided in title 26. If the corporation fails to main- status as a corporation organized and incor- tain such status, the charter granted hereby porated under the laws of the District of Colum- shall expire. bia. (Pub. L. 98–257, § 15, Apr. 10, 1984, 98 Stat. 129.) (Pub. L. 98–257, § 8, Apr. 10, 1984, 98 Stat. 128.) § 2315. Failure to comply with restrictions or pro- § 2309. Liability for acts of officers and agents visions The Academy shall be liable for the acts of its If the corporation shall fail to comply with officers and agents when acting within the scope any of the restrictions or provisions of this of their authority. chapter 1 the charter granted hereby shall ex- (Pub. L. 98–257, § 9, Apr. 10, 1984, 98 Stat. 128.) pire. (Pub. L. 98–257, § 16, Apr. 10, 1984, 98 Stat. 129.) § 2310. Books and records; inspection The Academy shall keep correct and complete § 2316. Service to United States books and records of account and shall keep The National Academy of Public Administra- minutes of any proceeding of the Academy in- tion shall, whenever called upon by Congress, or volving any of its members, the board of direc- the Federal Government, investigate, examine, tors, or any committee having authority under experiment, and report upon any subject of gov- the board of directors. The Academy shall keep ernment, the actual expense of such investiga- at its principal office a record of the names and tions, examinations, and reports to be paid by addresses of all members having the right of 1 the Federal Government from appropriations vote. All books and records of such corporation available for such purpose. may be inspected by any member having the (Pub. L. 98–257, § 17, Apr. 10, 1984, 98 Stat. 129.) right to vote, or by any agent or attorney of such member, for any proper purpose, at any CHAPTER 56—AMERICAN GOLD STAR reasonable time. Nothing in this section shall be MOTHERS, INC. construed to contravene any applicable State law. Sec. 2401. Recognition as corporation and grant of Fed- (Pub. L. 98–257, § 10, Apr. 10, 1984, 98 Stat. 128.) eral charter.

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 § 2408

Sec. (i) extend needful assistance to all Gold Star 2402. Powers of corporation. Mothers and, when possible, to their descend- 2403. Objects and purposes of corporation. ants; and 2404. Service of process. (j) to promote peace and good will for the 2405. Membership; prohibition on discrimination. 2406. Board of directors. United States and all other Nations. 2407. Officers. (Pub. L. 98–314, § 3, June 12, 1984, 98 Stat. 237; 2408. Restrictions. Pub. L. 102–54, § 13(n)(6), June 13, 1991, 105 Stat. (a) Distribution of income or assets to 278.) members. (b) Loans. AMENDMENTS (c) Issuance of stock; dividends. 1991—Subsec. (d). Pub. L. 102–54 substituted ‘‘Depart- (d) Claim of approval or authorization. ment of Veterans Affairs’’ for ‘‘Veterans’ Administra- (e) Retention of status under State laws. tion’’. 2409. Liability for acts of officers and agents. 2410. Books and records; inspection. § 2404. Service of process 2411. Annual report. 2412. Reservation of right to amend or repeal chap- With respect to service of process, the corpora- ter. tion shall comply with the laws of the States in 2413. ‘‘State’’ defined. which it is incorporated and those States in 2414. Tax-exempt status. which it carries on its activities in furtherance 2415. Failure to comply with restrictions or provi- of its corporate purposes. sions. (Pub. L. 98–314, § 4, June 12, 1984, 98 Stat. 238.) § 2401. Recognition as corporation and grant of Federal charter § 2405. Membership; prohibition on discrimina- tion American Gold Star Mothers, Incorporated, Eligibility for membership in the corporation organized and incorporated under the laws of the and the rights and privileges of members shall, District of Columbia, is hereby recognized as except as provided in this chapter, be as pro- such and is granted a charter. vided in the constitution and bylaws of the cor- (Pub. L. 98–314, § 1, June 12, 1984, 98 Stat. 237.) poration, and terms of membership and require- ments for holding office within the corporation § 2402. Powers of corporation shall not be discriminatory on the basis of race, American Gold Star Mothers, Incorporated color, religion, or national origin. (hereinafter referred to as the ‘‘corporation’’) (Pub. L. 98–314, § 5, June 12, 1984, 98 Stat. 238.) shall have only those powers granted to it through its bylaws and articles of incorporation § 2406. Board of directors filed in the State or States which it is incor- The board of directors of the corporation and porated and subject to the laws of such State or the responsibilities thereof shall be as provided States. in the articles of incorporation of the corpora- (Pub. L. 98–314, § 2, June 12, 1984, 98 Stat. 237.) tion and in conformity with the laws of the State or States in which it is incorporated. § 2403. Objects and purposes of corporation (Pub. L. 98–314, § 6, June 12, 1984, 98 Stat. 238.) The objects and purposes for which the cor- § 2407. Officers poration is organized shall be those provided in its articles of incorporation and shall include a The officers of the corporation, and the elec- continuing commitment, on a national basis, tion of such officers shall be as is provided in to— the articles of incorporation of the corporation (a) keep alive and develop the spirit that and in conformity with the laws of the State or promoted world services; States wherein it is incorporated. (b) maintain the ties of fellowship born of (Pub. L. 98–314, § 7, June 12, 1984, 98 Stat. 238.) that service, and to assist and further all pa- triotic work; § 2408. Restrictions (c) inculcate a sense of individual obligation (a) Distribution of income or assets to members to the community, State, and Nation; No part of the income or assets of the corpora- (d) assist veterans of World War I, World tion shall inure to any member, officer, or direc- War II, the Korean Conflict, Vietnam, and tor of the corporation or be distributed to any other strategic areas and their dependents in such person during the life of this charter. Noth- the presentation of claims to the Department ing in this subsection shall be construed to pre- of Veterans Affairs, and to aid in any way in vent the payment of reasonable compensation to their power the men and women who served the officers of the corporation or reimbursement and died or were wounded or incapacitated for actual necessary expenses in amounts ap- during hostilities; proved by the board of directors. (e) perpetuate the memory of those whose (b) Loans lives were sacrificed in our wars; (f) maintain true allegiance to the United The corporation shall not make any loan to States of America; any officer, director, or employee of the corpora- (g) inculcate lessons of patriotism and love tion. of country in the communities in which we (c) Issuance of stock; dividends live; The corporation shall have no power to issue (h) inspire respect for the Stars and Stripes any shares of stock nor to declare or pay any in the youth of America; dividends. § 2409 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 188

(d) Claim of approval or authorization (Pub. L. 98–314, § 14, June 12, 1984, 98 Stat. 239.) The corporation shall not claim congressional § 2414. Tax-exempt status approval or Federal Government authority for any of its activities. The corporation shall maintain its status as (e) Retention of status under State laws an organization exempt from taxation as pro- vided in title 26. If the corporation fails to main- The corporation shall retain and maintain its tain such status, the charter granted hereby status as a corporation organized and incor- shall expire. porated under the laws of the State or States wherein it is incorporated. (Pub. L. 98–314, § 15, June 12, 1984, 98 Stat. 239.) (Pub. L. 98–314, § 8, June 12, 1984, 98 Stat. 238.) § 2415. Failure to comply with restrictions or pro- visions § 2409. 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 1 the charter granted hereby shall ex- scope of their authority. pire. (Pub. L. 98–314, § 9, June 12, 1984, 98 Stat. 238.) (Pub. L. 98–314, § 16, June 12, 1984, 98 Stat. 240.) § 2410. Books and records; inspection CHAPTER 57—POLISH LEGION OF The corporation shall keep correct and com- AMERICAN VETERANS, U.S.A. plete books and records of account and shall Sec. keep minutes of any proceeding of the corpora- 2501. Recognition as corporation and grant of Fed- tion involving any of its members, the board of eral charter. directors, or any committee having authority 2502. Powers of corporation. under the board of directors. The corporation 2503. Objects and purposes of corporation. shall keep at its principal office a record of the 2504. Service of process. 2505. Membership; prohibition on discrimination. names and addresses of all members having the 2506. Board of directors. right to vote. All books and records of such cor- 2507. Officers. poration may be inspected by any member hav- 2508. Restrictions. ing the right to vote, or by any agent or attor- (a) Distribution of income or assets to ney of such member, for any proper purpose, at members. any reasonable time. Nothing in this section (b) Loans. shall be construed to contravene any applicable (c) Political activities. State law. (d) Issuance of stock; dividends. (e) Claim of approval or authorization. (Pub. L. 98–314, § 10, June 12, 1984, 98 Stat. 238.) 2509. Liability for acts of officers and agents. 2510. Books and records; inspection. § 2411. Annual report 2511. Annual report. 2512. Reservation of right to amend or repeal chap- The corporation shall report annually to the ter. Congress concerning the activities of the cor- 2513. ‘‘State’’ defined. poration during the preceding fiscal year. Such 2514. Tax-exempt status. annual report shall be submitted at the same 2515. Failure to comply with restrictions or provi- time as is the report of the audit required by sions. section 1101(63) of this title. The report shall not § 2501. Recognition as corporation and grant of be printed as a public document. Federal charter (Pub. L. 98–314, § 12, June 12, 1984, 98 Stat. 239.) The Polish Legion of American Veterans, REFERENCES IN TEXT U.S.A., a nonprofit corporation organized under Section 1101(63) of this title, referred to in text, was the laws of the State of Illinois, is hereby recog- in the original ‘‘section 11 of this Act’’, meaning sec- nized as such and is granted a charter. tion 11 of Pub. L. 98–314, which amended section 1101 of (Pub. L. 98–372, § 1, July 23, 1984, 98 Stat. 1239.) this title to include the American Gold Star Mothers, Incorporated, within the definition of ‘‘private corpora- § 2502. Powers of corporation tions established under Federal law’’. Section 1103 of this title requires a report to Congress on the annual The Polish Legion of American Veterans, audit of private corporations established under Federal U.S.A. (hereinafter referred to as the ‘‘corpora- law. tion’’), shall have only those powers granted to it through its bylaws and articles of incorpora- § 2412. Reservation of right to amend or repeal tion filed in the State or States in which it is in- chapter corporated and subject to the laws of such State The right to alter, amend, or repeal this chap- or States. ter is expressly reserved to the Congress. (Pub. L. 98–372, § 2, July 23, 1984, 98 Stat. 1239.) (Pub. L. 98–314, § 13, June 12, 1984, 98 Stat. 239.) § 2503. Objects and purposes of corporation § 2413. ‘‘State’’ defined The objects and purposes of the corporation For purposes of this chapter, the term ‘‘State’’ are those provided in its articles of incorpora- includes the District of Columbia, the Common- tion. The corporation shall function as a veter- wealth of Puerto Rico, and the territories and possessions of the United States. 1 So in original. Probably should be followed by a comma. Page 189 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 2514 ans’ and patriotic organization as authorized by (e) Claim of approval or authorization the laws of the State or States where it is incor- The corporation shall not claim congressional porated. approval or Federal Government authority for (Pub. L. 98–372, § 3, July 23, 1984, 98 Stat. 1239.) any of its activities. § 2504. Service of process (Pub. L. 98–372, § 8, July 23, 1984, 98 Stat. 1240.) With respect to service of process, the corpora- § 2509. Liability for acts of officers and agents tion 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. 98–372, § 9, July 23, 1984, 98 Stat. 1240.) (Pub. L. 98–372, § 4, July 23, 1984, 98 Stat. 1239.) § 2505. Membership; prohibition on discrimina- § 2510. Books and records; inspection tion The corporation shall keep correct and com- Eligibility for membership in the corporation plete books and records of account and shall and the rights and privileges of members shall, keep minutes of any proceeding of the corpora- except as provided in this chapter, be as pro- tion involving any of its members, the board of vided in the constitution and bylaws of the cor- directors, or any committee having authority poration, and terms of membership and require- under the board of directors. The corporation ments for holding office within the corporation shall keep at its principal office a record of the shall not be discriminatory on the basis of race, names and addresses of all members having the color, religion, or national origin. right to vote. All books and records of such cor- poration may be inspected by any member hav- (Pub. L. 98–372, § 5, July 23, 1984, 98 Stat. 1239.) ing the right to vote, or by any agent or attor- ney of such member, for any proper purpose, at § 2506. Board of directors any reasonable time. Nothing in this section The board of directors of the corporation and shall be construed to contravene any applicable the responsibilities thereof shall be as provided State law. in the articles of incorporation of the corpora- (Pub. L. 98–372, § 10, July 23, 1984, 98 Stat. 1240.) tion and in conformity with the laws of the State or States in which it is incorporated. § 2511. Annual report (Pub. L. 98–372, § 6, July 23, 1984, 98 Stat. 1239.) The corporation shall report annually to the § 2507. Officers Congress concerning the activities of the cor- poration during the preceding fiscal year. Such The officers of the corporation, and the elec- annual report shall be submitted at the same tion of such officers shall be as is provided in time as is the report of the audit required by the articles of incorporation of the corporation section 1101(58) of this title. The report shall not and in conformity with the laws of the State or be printed as a public document. States wherein it is incorporated. (Pub. L. 98–372, § 12, July 23, 1984, 98 Stat. 1240.) (Pub. L. 98–372, § 7, July 23, 1984, 98 Stat. 1240.) REFERENCES IN TEXT § 2508. Restrictions Section 1101(58) 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- tion 11 of Pub. L. 98–372, which amended section 1101 of No part of the income or assets of the corpora- this title to include the Polish Legion of American Vet- tion shall inure to any member, officer, or direc- erans, U.S.A. within the definition of ‘‘private corpora- tor of the corporation or be distributed to any tions established under Federal law’’. Section 1103 of such person during the life of this charter. Noth- this title requires a report to Congress on the annual ing in this subsection shall be construed to pre- audit of private corporations established under Federal vent the payment of reasonable compensation to law. the officers of the corporation or reimbursement § 2512. Reservation of right to amend or repeal for actual necessary expenses in amounts ap- chapter proved by the board of directors. (b) Loans The right to alter, amend, or repeal this chap- ter is expressly reserved to the Congress. The corporation shall not make any loan to any officer, director, or employee of the corpora- (Pub. L. 98–372, § 13, July 23, 1984, 98 Stat. 1241.) tion. § 2513. ‘‘State’’ defined (c) Political activities 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- § 2515 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 190 vided in title 26. If the corporation fails to main- viving veterans of those wars, campaigns, and tain such status, the charter granted hereby actions and to give all Americans a greater shall expire. understanding of and appreciation for the sac- (Pub. L. 98–372, § 15, July 23, 1984, 98 Stat. 1241.) rifices of those who participated in them on behalf of all Americans; § 2515. Failure to comply with restrictions or pro- (c) stimulate to the highest degree possible visions the interest of the entire Nation in the prob- lems of veterans, their widows, and orphans; If the corporation shall fail to comply with (d) cooperate to the fullest extent and in a any of the restrictions or provisions of this harmonious manner with all veterans’ organi- chapter, the charter granted hereby shall expire. zations in common projects designed to serve (Pub. L. 98–372, § 16, July 23, 1984, 98 Stat. 1241.) the interests of all veterans of all wars in which the United States of America has par- CHAPTER 58—CATHOLIC WAR VETERANS OF ticipated; THE UNITED STATES OF AMERICA, INC. (e) collate, preserve, and encourage the study of historical episodes, chronicles, me- Sec. 2601. Recognition as corporation and grant of Fed- mentos, and events pertaining to the wars, eral charter. campaigns, and military actions of the United 2602. Powers of corporation. States of America; 2603. Objects and purposes of corporation. (f) inculcate an enduring love of country, a 2604. Service of process. deep and abiding sense of patriotism, and a 2605. Membership. profound commitment to Americanism among 2606. Board of directors. all the people of the United States; 2607. Officers. (g) encourage, among the youth of our Na- 2608. Restrictions. (a) Distribution of income or assets to tion, respect for our national flag, anthem, members. and for the traditions of America; (b) Loans. (h) preserve the freedoms of all of the people, (c) Issuance of stock; dividends. national peace, prosperity, tranquility, good (d) Claim of approval or authorization. will, the permanence of free institutions, and 2609. Liability for acts of officers and agents. the defense of the United States; 2610. Books and records; inspection. (i) foster the association of veterans of the 2611. Annual report. Catholic faith who have served in the Armed 2612. Reservation of right to amend or repeal chap- ter. Forces of the United States; 2613. ‘‘State’’ defined. (j) encourage morality in government, labor, 2614. Tax-exempt status. management, economic, social, fraternal, and 2615. Failure to comply with restrictions or provi- all other phases of American life; sions. (k) promote the realization that the family is the basic unit of society; § 2601. Recognition as corporation and grant of (l) increase our love, honor, service to God, Federal charter and to our fellow man without regard to race, The Catholic War Veterans of the United creed, color, or national origin; and States of America, Incorporated, organized and (m) function as a veterans’ and patriotic or- incorporated under the laws of the State of New ganization as authorized by the laws of the York, is hereby recognized as such and is grant- State or States where it is incorporated. ed a charter. (Pub. L. 98–382, § 3, Aug. 17, 1984, 98 Stat. 1343.) (Pub. L. 98–382, § 1, Aug. 17, 1984, 98 Stat. 1343.) § 2604. Service of process § 2602. Powers of corporation With respect to service of process, the corpora- The Catholic War Veterans of the United tion shall comply with the laws of the States in States of America, Incorporated, (hereinafter re- which it is incorporated and those States in 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 or States in which it is incorporated and subject (Pub. L. 98–382, § 4, Aug. 17, 1984, 98 Stat. 1344.) 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 § 2603. Objects and purposes of corporation and the rights and privileges of members shall be as provided in the bylaws of the corporation. The objects and purposes of the corporation are those provided in its articles of incorpora- (Pub. L. 98–382, § 5, Aug. 17, 1984, 98 Stat. 1344.) tion and shall include a continuing commit- ment, on a national basis, to— § 2606. Board of directors (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 great tribute on the glorious dead and the sur- (Pub. L. 98–382, § 6, Aug. 17, 1984, 98 Stat. 1344.) Page 191 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 2615

§ 2607. Officers section 1101(60) of this title. The report shall not be printed as a public document. The officers of the corporation, and the elec- tion of such officers shall be as is provided in (Pub. L. 98–382, § 12, Aug. 17, 1984, 98 Stat. 1345.) the articles of incorporation of the corporation REFERENCES IN TEXT and in conformity with the laws of the State or States wherein it is incorporated. Section 1101(60) of this title, referred to in text, was in the original ‘‘section 11 of this Act’’, meaning sec- (Pub. L. 98–382, § 7, Aug. 17, 1984, 98 Stat. 1344.) tion 11 of Pub. L. 98–382, which amended section 1101 of this title to include the Catholic War Veterans of the § 2608. Restrictions United States of America, Incorporated, within the def- (a) Distribution of income or assets to members inition of ‘‘private corporations established under Fed- eral law’’. Section 1103 of this title requires a report to No part of the income or assets of the corpora- Congress on the annual audit of private corporations tion shall inure to any member, officer, or direc- established under Federal law. tor of the corporation or be distributed to any such person during the life of this charter. Noth- § 2612. Reservation of right to amend or repeal ing in this subsection shall be construed to pre- chapter vent the payment of reasonable compensation to The right to alter, amend, or repeal this chap- the officers of the corporation or reimbursement ter is expressly reserved to the Congress. for actual necessary expenses in amounts ap- proved by the board of directors. (Pub. L. 98–382, § 13, Aug. 17, 1984, 98 Stat. 1345.) (b) Loans § 2613. ‘‘State’’ defined The corporation shall 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, and the territories and (c) Issuance of stock; dividends possessions of the United States. The corporation shall have no power to issue (Pub. L. 98–382, § 14, Aug. 17, 1984, 98 Stat. 1345.) any shares of stock nor to declare or pay any dividends. § 2614. Tax-exempt status (d) Claim of approval or authorization The corporation shall maintain its status as The corporation shall not claim congressional an organization exempt from taxation as pro- approval or Federal Government authority for vided in title 26. If the corporation fails to main- any of its activities. tain such status, the charter granted hereby shall expire. (Pub. L. 98–382, § 8, Aug. 17, 1984, 98 Stat. 1344.) (Pub. L. 98–382, § 15, Aug. 17, 1984, 98 Stat. 1345.) § 2609. Liability for acts of officers and agents § 2615. Failure to comply with restrictions or pro- The corporation shall be liable for the acts of visions its officers and agents when acting within the scope of their authority. If the corporation shall fail to comply with any of the restrictions or provisions of this (Pub. L. 98–382, § 9, Aug. 17, 1984, 98 Stat. 1345.) chapter 1 the charter granted hereby shall ex- § 2610. Books and records; inspection pire. The corporation shall keep correct and com- (Pub. L. 98–382, § 16, Aug. 17, 1984, 98 Stat. 1346.) plete books and records of account and shall CHAPTER 59—JEWISH WAR VETERANS OF keep minutes of any proceeding of the corpora- THE UNITED STATES OF AMERICA, INC. tion involving any of its members, the board of directors, or any committee having authority Sec. under the board of directors. The corporation 2701. Recognition as corporation and grant of Fed- shall keep at its principal office a record of the eral charter. names and addresses of all members having the 2702. Powers of corporation. right of 1 vote. All books and records of such cor- 2703. Objects and purposes of corporation. 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 State law. members. (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. The corporation shall report annually to the 2710. Books and records; inspection. 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. time as is the report of the audit required by 2714. Tax-exempt status.

1 So in original. Probably should be ‘‘to’’. 1 So in original. Probably should be followed by a comma. § 2701 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 192

Sec. (Pub. L. 98–391, § 4, Aug. 21, 1984, 98 Stat. 1359.) 2715. Failure to comply with restrictions or provi- sions. § 2705. Membership § 2701. Recognition as corporation and grant of Eligibility for membership in the corporation Federal charter and the rights and privileges of members shall, (a) The Jewish War Veterans of the United except as provided in this chapter, be as pro- States of America, Incorporated, organized and vided in the bylaws and constitution of the cor- incorporated as a nonprofit entity under the poration. laws of the State of New York, is hereby recog- (Pub. L. 98–391, § 5, Aug. 21, 1984, 98 Stat. 1359.) nized as such and is granted a Federal charter. (b) The corporation shall retain and maintain § 2706. Board of directors its status as a corporation organized and incor- The board of directors of the corporation and porated under the laws of the State of New the responsibilities thereof shall be as provided York. in the articles of incorporation of the corpora- (Pub. L. 98–391, § 1, Aug. 21, 1984, 98 Stat. 1358.) tion and in conformity with the laws of the State or States in which it is incorporated. § 2702. Powers of corporation (Pub. L. 98–391, § 6, Aug. 21, 1984, 98 Stat. 1359.) The Jewish War Veterans of the United States of America, Incorporated (hereinafter referred § 2707. Officers to as the ‘‘corporation’’), shall have only those powers granted to it through its bylaws and ar- The officers of the corporation, and the elec- ticles of incorporation filed in the State or tion of such officers shall be as is provided in States in which it is incorporated and subject to the articles of incorporation of the corporation the laws of such State or States. and in conformity with the laws of the State or States wherein it is incorporated. (Pub. L. 98–391, § 2, Aug. 21, 1984, 98 Stat. 1358.) (Pub. L. 98–391, § 7, Aug. 21, 1984, 98 Stat. 1359.) § 2703. Objects and purposes of corporation The objects and purposes of the corporation § 2708. Restrictions are those provided in its articles of incorpora- (a) Distribution of income or assets to members tion and shall include a continuing commit- No part of the income or assets of the corpora- ment, on a national basis, to— tion shall inure to any member, officer, or direc- (1) maintain true allegiance to the United tor of the corporation or be distributed to any States of America; such person during the life of this charter. Noth- (2) foster and perpetuate true Americanism; (3) combat whatever tends to impair the effi- ing in this subsection shall be construed to pre- ciency and permanency of our free institu- vent the payment of reasonable compensation to tions; the officers of the corporation or reimbursement (4) uphold the fair name of the Jew and fight for actual necessary expenses in amounts ap- his battles wherever unjustly assailed; proved by the board of directors. (5) encourage the doctrine of universal lib- (b) Loans erty, equal rights and full justice to all men; The corporation shall not make any loan to (6) combat the powers of bigotry and dark- any officer, director, or employee of the corpora- ness wherever originating and whatever the tion. target; (7) preserve the spirit of comradeship by mu- (c) Issuance of stock; dividends tual helpfulness to comrades and their fami- The corporation shall have no power to issue lies; any shares of stock nor to declare or pay any (8) cooperate with and support existing edu- dividends. cational institutions and establish educational institutions, and foster the education of ex- (d) Claim of approval or authorization servicemen and ex-servicewomen and members The corporation shall not claim congressional of the corporation in the ideals and principles approval or Federal Government authority for of Americanism; any of its activities. (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- triotic service performed by the men and The corporation shall be liable for the acts of women of the Jewish faith and to honor their its officers and agents when acting within the memory and shield from neglect the graves of scope of their authority. 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 com- With respect to service of process, the corpora- plete books and records of accounts 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 Page 193 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 2804 shall keep at its principal office a record of the CHAPTER 60—NAVY WIVES CLUBS OF names and addresses of all members having the AMERICA right to vote. All books and records of such cor- poration may be inspected by any member hav- Sec. 2801. 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 2802. Powers of corporation. any reasonable time. Nothing in this section 2803. Objects and purposes of corporation. shall be construed to contravene any applicable 2804. Service of process. State law. 2805. Membership. 2806. Board of directors. (Pub. L. 98–391, § 10, Aug. 21, 1984, 98 Stat. 1360.) 2807. Officers. 2808. Restrictions. § 2711. 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 required by (f) Retention of status under State laws. section 1101(62) of this title. The report shall not 2809. Liability for acts of officers and agents. be printed as a public document. 2810. Books and records; inspection. 2811. Annual report. (Pub. L. 98–391, § 12, Aug. 21, 1984, 98 Stat. 1360.) 2812. Reservation of right to amend or repeal chap- ter. REFERENCES IN TEXT 2813. ‘‘State’’ defined. 2814. Tax-exempt status. Section 1101(62) of this title, referred to in text, was 2815. Failure to comply with restrictions or provi- in the original ‘‘section 11 of this Act’’, meaning sec- sions. tion 11 of Pub. L. 98–391, which amended section 1101 of this title to include the Jewish War Veterans of the CROSS REFERENCES United States of America within the definition of ‘‘pri- Navy Club of the United States of America, see sec- vate corporations established under Federal law’’. Sec- tion 140 et seq. of this title. tion 1103 of this title requires a report to Congress on the annual audit of private corporations established § 2801. Recognition as corporation and grant of under Federal law. Federal charter § 2712. Reservation of right to amend or repeal Navy Wives Clubs of America, organized and chapter incorporated under the laws of the State of Cali- fornia, is hereby recognized as such and is grant- The right to alter, amend, or repeal this chap- ed a charter. ter is expressly reserved to the Congress. (Pub. L. 98–520, § 1, Oct. 19, 1984, 98 Stat. 2428.) (Pub. L. 98–391, § 13, Aug. 21, 1984, 98 Stat. 1360.) § 2802. Powers of corporation § 2713. ‘‘State’’ defined Navy Wives Clubs of America (hereinafter re- For purposes of this chapter, the term ‘‘State’’ ferred to as the ‘‘corporation’’) shall have only includes the District of Columbia, the Common- those powers granted to it through its bylaws wealth of Puerto Rico, and the territories and and articles of incorporation filed in the State possessions of the United States. or States which it is incorporated and subject to the laws of such State or States. (Pub. L. 98–391, § 14, Aug. 21, 1984, 98 Stat. 1360.) (Pub. L. 98–520, § 2, Oct. 19, 1984, 98 Stat. 2428.) § 2714. Tax-exempt status § 2803. Objects and purposes of corporation The corporation shall maintain its status as an organization exempt from taxation as pro- The objects and purposes for which the cor- vided in title 26. If the corporation fails to main- poration is organized shall be those provided in tain such status, the charter granted hereby its articles of incorporation and also shall be— shall expire. (1) to support the Constitution of the United States; (Pub. L. 98–391, § 15, Aug. 21, 1984, 98 Stat. 1361; (2) to promote a friendly relationship be- Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095.) tween the wives of enlisted men who are serv- ing in the active United States Navy, United AMENDMENTS States Marine Corps, or the United States 1986—Pub. L. 99–514 substituted ‘‘Internal Revenue Coast Guard or who are serving in the Active Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’, Reserves thereof; and which for purposes of codification was translated as (3) to perform such charitable activities as ‘‘title 26’’ thus requiring no change in text. provided by the constitution or bylaws of the corporation. § 2715. Failure to comply with restrictions or pro- visions (Pub. L. 98–520, § 3, Oct. 19, 1984, 98 Stat. 2428.) If the corporation shall fail to comply with § 2804. Service of process any of the restrictions or provisions of this With respect to service of process, the corpora- chapter, the charter granted hereby shall expire. tion shall comply with the laws of the States in (Pub. L. 98–391, § 16, Aug. 21, 1984, 98 Stat. 1361.) which it is incorporated and those States in § 2805 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 194 which it carries on its activities in furtherance (Pub. L. 98–520, § 9, Oct. 19, 1984, 98 Stat. 2429.) of its corporate purposes. (Pub. L. 98–520, § 4, Oct. 19, 1984, 98 Stat. 2428.) § 2810. Books and records; inspection The corporation shall keep correct and com- § 2805. Membership plete books and records of account and shall Eligibility for membership in the corporation keep minutes of any proceeding of the corpora- and the rights and privileges of members shall tion involving any of its members, the board of be as provided in the bylaws of the corporation. directors, or any committee having authority (Pub. L. 98–520, § 5, Oct. 19, 1984, 98 Stat. 2428.) under the board of directors. The corporation shall keep at its principal office a record of the § 2806. Board of directors names and addresses of all members having the The board of directors of the corporation and right to vote. All books and records of such cor- the responsibilities thereof shall be as provided poration may be inspected by any member hav- in the articles of incorporation of the corpora- ing the right to vote, or by any agent or attor- tion and in conformity with the laws of the ney of such member, for any proper purpose, at State or States in which it is incorporated. any reasonable time. Nothing in this section shall be construed to contravene any applicable (Pub. L. 98–520, § 6, Oct. 19, 1984, 98 Stat. 2428.) State law. § 2807. Officers (Pub. L. 98–520, § 10, Oct. 19, 1984, 98 Stat. 2429.) The officers of the corporation, and the elec- § 2811. Annual report tion of such officers shall be as is provided in the articles of incorporation of the corporation The corporation shall report annually to the and in conformity with the laws of the State or Congress concerning the activities of the cor- States wherein it is incorporated. poration during the preceding fiscal year. Such (Pub. L. 98–520, § 7, Oct. 19, 1984, 98 Stat. 2429.) annual report shall be submitted at the same time as is the report of the audit required by § 2808. Restrictions section 1101(67) of this title. The report shall not (a) Distribution of income or assets to members be printed as a public document. No part of the income or assets of the corpora- (Pub. L. 98–520, § 12, Oct. 19, 1984, 98 Stat. 2430.) tion shall inure to any member, officer, or direc- tor of the corporation or be distributed to any REFERENCES IN TEXT such person during the life of this charter. Noth- Section 1101(67) of this title, referred to in text, was ing in this subsection shall be construed to pre- in the original ‘‘section 11 of this Act’’, meaning sec- vent the payment of reasonable compensation to tion 11 of Pub. L. 98–520, which amended section 1101 of the officers of the corporation or reimbursement this title to include the Navy Wives Clubs of America within the definition of ‘‘private corporations estab- for actual necessary expenses in amounts ap- lished under Federal law’’. Section 1103 of this title re- proved by the board of directors. quires a report to Congress on the annual audit of pri- (b) Loans vate corporations established under Federal law. The corporation shall not make any loan to any officer, director, or employee of the corpora- § 2812. Reservation of right to amend or repeal tion. chapter (c) Political activities The right to alter, amend, or repeal this chap- The corporation and any officer and director ter is expressly reserved to the Congress. of the corporation, acting as such officer or di- (Pub. L. 98–520, § 13, Oct. 19, 1984, 98 Stat. 2430.) rector, shall not contribute to, support or other- wise participate in any political activity or in § 2813. ‘‘State’’ defined any manner attempt to influence legislation. For purposes of this chapter, the term ‘‘State’’ (d) Issuance of stock; dividends includes the District of Columbia, the Common- The corporation shall have no power to issue wealth of Puerto Rico, and the territories and any shares of stock nor to declare or pay any possessions of the United States. dividends. (Pub. L. 98–520, § 14, Oct. 19, 1984, 98 Stat. 2430.) (e) Claim of approval or authorization The corporation shall not claim congressional § 2814. Tax-exempt status approval or Federal Government authority for any of its activities. The corporation shall maintain its status as (f) Retention of status under State laws an organization exempt from taxation as pro- vided in title 26. If the corporation fails to main- The corporation shall retain and maintain its tain such status, the charter granted hereby status as a corporation organized and incor- shall expire. porated under the laws of the State or States wherein it is incorporated. (Pub. L. 98–520, § 15, Oct. 19, 1984, 98 Stat. 2430; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095.) (Pub. L. 98–520, § 8, Oct. 19, 1984, 98 Stat. 2429.) AMENDMENTS § 2809. Liability for acts of officers and agents 1986—Pub. L. 99–514 substituted ‘‘Internal Revenue The corporation shall be liable for the acts of Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’, its officers and agents when acting within the which for purposes of codification was translated as scope of their authority. ‘‘title 26’’ thus requiring no change in text. Page 195 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 2908

§ 2815. Failure to comply with restrictions or pro- (3) erect memorials to commemorate the visions history and deeds of the American colonists; (4) promote respect and admiration for the If the corporation shall fail to comply with institutions, laws, and flag of the United any of the restrictions or provisions of this States; chapter 1 the charter granted hereby shall ex- (5) engage in mutual improvement and edu- pire. cational activities; and (Pub. L. 98–520, § 16, Oct. 19, 1984, 98 Stat. 2430.) (6) establish scholarships to assist needy and deserving students and to promote the im- CHAPTER 61—NATIONAL SOCIETY, provement of educational institutions, engage DAUGHTERS OF THE AMERICAN COLONISTS in volunteer service and make contributions to veterans hospitals, and perform such other Sec. charitable activities including the national 2901. Recognition as corporation and grant of Fed- eral charter. presidents’ projects as may be provided by the 2902. Powers of corporation. articles of incorporation or bylaws of the soci- 2903. Objects and purposes of corporation. ety. 2904. Service of process. (Pub. L. 98–561, § 3, Oct. 30, 1984, 98 Stat. 2910.) 2905. Membership; prohibition on discrimination. 2906. Board of directors. § 2904. Service of process 2907. Officers. 2908. Restrictions. With respect to service of process, the corpora- (a) Distribution of assets or income to tion shall comply with the laws of the States in members. which it is incorporated and those States in (b) Loans. which it carries on its activities in furtherance (c) Political activities. of its corporate purposes. (d) Issuance of stock; dividends. (e) Claim of approval or authorization. (Pub. L. 98–561, § 4, Oct. 30, 1984, 98 Stat. 2910.) (f) Retention of status under State laws. 2909. Exclusive right to name, emblems, seals, and § 2905. Membership; prohibition on discrimina- badges. tion 2910. Liability for acts of officers and agents. Eligibility for membership in the corporation 2911. Books and records; inspection. and the rights and privileges of members shall, 2912. Annual report. except as provided in this chapter, be as pro- 2913. Reservation of right to amend or repeal chap- ter. vided in the constitution and bylaws of the cor- 2914. ‘‘State’’ defined. poration, and terms of membership and require- 2915. Tax-exempt status. ments for holding office within the corporation 2916. Failure to comply with restrictions or provi- shall not be discriminatory on the basis of race, sions. color, religion, or national origin. § 2901. Recognition as corporation and grant of (Pub. L. 98–561, § 5, Oct. 30, 1984, 98 Stat. 2911.) Federal charter § 2906. Board of directors National Society, Daughters of the American The board of directors of the corporation and Colonists, organized and incorporated under the the responsibilities thereof shall be as provided laws of the District of Columbia in 1921, is here- in the articles of incorporation or bylaws of the by recognized as such and is granted a charter. corporation and in conformity with the laws of (Pub. L. 98–561, § 1, Oct. 30, 1984, 98 Stat. 2910.) the State or States in which it is incorporated. (Pub. L. 98–561, § 6, Oct. 30, 1984, 98 Stat. 2911.) § 2902. Powers of corporation National Society, Daughters of the American § 2907. Officers Colonists (hereinafter referred to as the ‘‘cor- The officers of the corporation, and the elec- poration’’) shall have only those powers granted tion of such officers shall be as is provided in to it through its bylaws and articles of incorpo- the articles of incorporation or bylaws of the ration filed in the State or States in which it is corporation and in conformity with the laws of incorporated and subject to the laws of such the State or States wherein it is incorporated. State or States. (Pub. L. 98–561, § 7, Oct. 30, 1984, 98 Stat. 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 any officer, director, or employee of the corpora- 1 So in original. Probably should be followed by a comma. tion. § 2909 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 196

(c) Political activities lated as reading ‘‘section 12 of this Act’’ meaning sec- The corporation and any officer and director tion 12 of Pub. L. 98–561, which amended section 1101 of this title to include the National Society, Daughters of of the corporation, acting as such officer or di- the American Colonists, within the definition of ‘‘pri- rector, shall not contribute to, support, or vate corporations established under Federal law’’, to otherwise participate in any political activity or reflect the probable intent of Congress. Section 1103 of in any manner attempt to influence legislation. this title requires a report to Congress on the annual (d) Issuance of stock; dividends audit of private corporations established under Federal law. The corporation shall have no power to issue any shares of stock nor to declare or pay any § 2913. Reservation of right to amend or repeal dividends. chapter (e) Claim of approval or authorization The right to alter, amend, or repeal this chap- The corporation shall not claim congressional ter is expressly reserved to the Congress. approval or Federal Government authority for any of its activities. (Pub. L. 98–561, § 14, Oct. 30, 1984, 98 Stat. 2912.) (f) Retention of status under State laws § 2914. ‘‘State’’ defined The corporation shall retain and maintain its For purposes of this chapter, the term ‘‘State’’ status as a corporation organized and incor- includes the District of Columbia, the Common- porated under the laws of the State or States wealth of Puerto Rico, and the territories and wherein it is incorporated. possessions of the United States. (Pub. L. 98–561, § 8, Oct. 30, 1984, 98 Stat. 2911.) (Pub. L. 98–561, § 15, Oct. 30, 1984, 98 Stat. 2912.) § 2909. Exclusive right to name, emblems, seals, and badges § 2915. Tax-exempt status Subject to established or vested rights, the The corporation shall maintain its status as corporation shall have the sole and exclusive an organization exempt from taxation as pro- right to have and to use, in carrying out its pur- vided in title 26. If the corporation fails to main- poses, the name National Society, Daughters of tain such status, the charter granted hereby the American Colonists and any emblem, seal, shall expire. or badge adopted or used by the corporation. (Pub. L. 98–561, § 16, Oct. 30, 1984, 98 Stat. 2913; (Pub. L. 98–561, § 9, Oct. 30, 1984, 98 Stat. 2911.) Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095.) § 2910. Liability for acts of officers and agents AMENDMENTS The corporation shall be liable for the acts of 1986—Pub. L. 99–514 substituted ‘‘Internal Revenue Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’, its officers and agents when acting within the which for purposes of codification was translated as scope of their authority. ‘‘title 26’’ thus requiring no change in text. (Pub. L. 98–561, § 10, Oct. 30, 1984, 98 Stat. 2911.) § 2916. Failure to comply with restrictions or pro- § 2911. 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 account and shall any of the restrictions or provisions of this keep minutes of any proceeding of the corpora- chapter, the charter granted hereby shall expire. tion involving any of its members, the board of (Pub. L. 98–561, § 17, Oct. 30, 1984, 98 Stat. 2913.) directors, or any committee having authority under the board of directors. The corporation CHAPTER 62—369TH VETERANS’ shall keep at its principal office a record of the ASSOCIATION names and addresses of all members having the right to vote. All books and records of such cor- Sec. poration may be inspected by any member hav- 3001. Recognition as corporation and grant of Fed- ing the right to vote, or by any agent or attor- eral charter. 3002. Powers of corporation. ney of such member, for any proper purpose, at 3003. Objects and purposes of corporation. any reasonable time. Nothing in this section 3004. Service of process. shall be construed to contravene any applicable 3005. Membership; prohibition on discrimination. State law. 3006. Board of directors. (Pub. L. 98–561, § 11, Oct. 30, 1984, 98 Stat. 2912.) 3007. Officers. 3008. Restrictions. § 2912. 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 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. Page 197 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 3011

Sec. articles of incorporation of the corporation and 3016. Failure to comply with restrictions or provi- in conformity with the laws of the State or sions. States wherein it is incorporated. § 3001. Recognition as corporation and grant of (Pub. L. 98–565, § 7, Oct. 30, 1984, 98 Stat. 2921.) Federal charter The 369th Veterans’ Association, a nonprofit § 3008. Restrictions corporation organized under the laws of the (a) Distribution of income or assets to members State of New York, 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 direc- (Pub. L. 98–565, § 1, Oct. 30, 1984, 98 Stat. 2920.) tor of the corporation or be distributed to any such person during the life of this charter. Noth- § 3002. Powers of corporation ing in this subsection shall be construed to pre- 369th Veterans’ Association (hereinafter re- vent the payment of reasonable compensation to ferred to as the ‘‘corporation’’) shall have only the officers of the corporation or reimbursement those powers granted to it through its bylaws for actual necessary expenses in amounts ap- and articles of incorporation filed in the State proved by the board of directors. or States in which it is incorporated and subject (b) Loans to the laws of such State or States. The corporation shall not make any loan to (Pub. L. 98–565, § 2, Oct. 30, 1984, 98 Stat. 2920.) any officer, director, or employee of the corpora- § 3003. Objects and purposes of corporation tion. (c) Political activities The objects and purposes of the corporation are those provided in its articles of incorpora- The corporation and any officer and director tion and shall include— of the corporation, acting as such officer or di- (1) to promote the principles of friendship rector, shall not contribute to, support or other- and good will among its members; wise participate in any political activity or in (2) to engage in all forms of social and civic any manner attempt to influence legislation. endeavors that will tend to enhance the wel- (d) Issuance of stock; dividends fare of its members, and to inculcate in them the true principles of good citizenship; and The corporation shall have no power to issue (3) to memorialize, individually and collec- any shares of stock nor to declare or pay any tively, the patriotic services of its members in dividends. the several units of the 369th antiaircraft ar- (e) Claim of approval or authorization tillery group and other units in the Armed The corporation shall not claim congressional Forces of the United States. approval or Federal Government authority for (Pub. L. 98–565, § 3, Oct. 30, 1984, 98 Stat. 2920.) any of its activities. § 3004. Service of process (Pub. L. 98–565, § 8, Oct. 30, 1984, 98 Stat. 2921.) With respect to service of process, the corpora- § 3009. 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. 98–565, § 4, Oct. 30, 1984, 98 Stat. 2920.) (Pub. L. 98–565, § 9, Oct. 30, 1984, 98 Stat. 2921.) § 3005. Membership; prohibition on discrimina- § 3010. Books and records; inspection tion The corporation shall keep correct and com- Eligibility for membership in the corporation plete books and records of accounts and shall and the rights and privileges of members shall, keep minutes of any proceeding of the corpora- except as provided in this chapter, be as pro- tion involving any of its members, the board of vided in the constitution and bylaws of the cor- directors, or any committee having authority poration, and terms of membership and require- under the board of directors. The corporation ments for holding office within the corporation shall keep at its principal office a record of the shall not be discriminatory on the basis of race, names and addresses of all members having the color, religion, or national origin. 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- ing the right to vote, or by any agency or attor- § 3006. 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. 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 § 3012 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 198 time as is the report of the audit required by Sec. section 1101(65) of this title. The report shall not (a) Distribution of income or assets to be printed as a public document. members. (b) Loans. (Pub. L. 98–565, § 12, Oct. 30, 1984, 98 Stat. 2922.) (c) Political activities. (d) Issuance of stock; dividends. REFERENCES IN TEXT (e) Claim of approval or authorization. Section 1101(65) of this title, referred to in text, was 3109. Liability for acts of officers and agents. in the original ‘‘section 11 of this Act’’, meaning sec- 3110. Books and records; inspection. tion 11 of Pub. L. 98–565, which amended section 1101 of 3111. Annual report. this title to include the 369th Veterans Association 3112. Reservation of right to amend or repeal chap- within the definition of ‘‘private corporations estab- ter. lished under Federal law’’. Section 1103 of this title re- 3113. ‘‘State’’ defined. quires a report to Congress on the annual audit of pri- 3114. Tax-exempt status. vate corporations established under Federal law. 3115. Failure to comply with restrictions or provi- sions. § 3012. Reservation of right to amend or repeal chapter § 3101. Recognition as corporation and grant of Federal charter The right to alter, amend, or repeal this chap- ter is expressly reserved to the Congress. The Women’s Army Corps Veterans’ Associa- tion, a nonprofit corporation organized under (Pub. L. 98–565, § 13, Oct. 30, 1984, 98 Stat. 2922.) the laws of the District of Columbia, is recog- nized as such and is granted a Federal charter. § 3013. ‘‘State’’ defined (Pub. L. 98–584, § 1, Oct. 30, 1984, 98 Stat. 3097.) For purposes of this chapter, the term ‘‘State’’ includes the District of Columbia, the Common- § 3102. Powers of corporation wealth of Puerto Rico, and the territories and The Women’s Army Corp Veterans’ Associa- possessions of the United States. tion (hereinafter in this chapter referred to as (Pub. L. 98–565, § 14, Oct. 30, 1984, 98 Stat. 2922.) the ‘‘corporation’’), shall have only those powers granted to it through its bylaws and articles of § 3014. Tax-exempt status incorporation filed in the States in which it is The corporation shall maintain its status as incorporated, and subject to the laws of such an organization exempt from taxation as pro- States. vided in title 26. If the corporation fails to main- (Pub. L. 98–584, § 2, Oct. 30, 1984, 98 Stat. 3097.) tain such status, the charter granted hereby shall expire. § 3103. Objects and purposes of corporation (Pub. L. 98–565, § 15, Oct. 30, 1984, 98 Stat. 2922.) The objects and purposes of the corporation are those provided in its articles of incorpora- § 3015. Exclusive right to name, emblems, seals, tion and shall include a continuing commitment and badges on a national basis to— The corporation shall have the sole and exclu- (1) promote the general welfare of all veter- sive right to use the name ‘‘369th Veterans’ As- ans, especially women veterans, who have sociation’’, and such seals, emblems, and badges served or are serving in the United States as the corporation may lawfully adopt. Nothing Army, the Army Reserve, and the Army Na- in this section shall be construed to interfere or tional Guard; conflict with established or vested rights. (2) recognize outstanding women in college ROTC units throughout the United States; and (Pub. L. 98–565, § 16, Oct. 30, 1984, 98 Stat. 2922.) (3) provide services and support to patients in medical facilities of the Department of Vet- § 3016. Failure to comply with restrictions or pro- erans Affairs throughout the United States. visions (Pub. L. 98–584, § 3, Oct. 30, 1984, 98 Stat. 3097; If the corporation shall fail to comply with Pub. L. 102–54, § 13(n)(7), June 13, 1991, 105 Stat. any of the restrictions or provisions of this 278.) chapter 1 the charter granted hereby shall ex- pire. AMENDMENTS (Pub. L. 98–565, § 17, Oct. 30, 1984, 98 Stat. 2922.) 1991—Par. (3). Pub. L. 102–54 substituted ‘‘medical fa- cilities of the Department of Veterans Affairs’’ for CHAPTER 63—WOMEN’S ARMY CORPS ‘‘Veterans’ Administration Hospitals’’. VETERANS’ ASSOCIATION § 3104. Service of process Sec. 3101. 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 States in 3102. Powers of corporation. which it is incorporated and in which it carries 3103. Objects and purposes of corporation. on activities in furtherance of its corporate pur- 3104. Service of process. poses. 3105. Membership. 3106. Board of directors. (Pub. L. 98–584, § 4, Oct. 30, 1984, 98 Stat. 3097.) 3107. Officers. 3108. Restrictions. § 3105. Membership Eligibility for membership in the corporation 1 So in original. Probably should be followed by a comma. and the rights and privileges of members shall Page 199 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 3115 be as provided in the constitution and bylaws of names and addresses of all members having the the corporation. right to vote in any proceeding of the corpora- (Pub. L. 98–584, § 5, Oct. 30, 1984, 98 Stat. 3097.) tion. All books and records of such corporation may be inspected by any member having the § 3106. Board of directors right to vote in any corporation proceeding, or by any agent or attorney of such member, for The board of directors of the corporation and any proper purpose at any reasonable time. the responsibilities thereof shall be as provided Nothing in this section shall be construed to in the articles of incorporation of the corpora- contravene any applicable State law. tion and in conformity with the laws of the States in which it is incorporated. (Pub. L. 98–584, § 10, Oct. 30, 1984, 98 Stat. 3098.) (Pub. L. 98–584, § 6, Oct. 30, 1984, 98 Stat. 3097.) § 3111. Annual report § 3107. 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 provided in the annual report shall be submitted at the same articles of incorporation of the corporation and time as the report of the audit of the corpora- shall be in conformity with the laws of the tion required by section 1102 of this title. The re- States in which it is incorporated. port shall not be printed as a public document. (Pub. L. 98–584, § 7, Oct. 30, 1984, 98 Stat. 3098.) (Pub. L. 98–584, § 12, Oct. 30, 1984, 98 Stat. 3099.) § 3108. Restrictions § 3112. Reservation of right to amend or repeal (a) Distribution of income or assets to members chapter No part of the income or assets of the corpora- The right to amend or repeal this chapter is tion may inure to any member, officer, or direc- expressly reserved to the Congress. tor of the corporation or be distributed to any (Pub. L. 98–584, § 13, Oct. 30, 1984, 98 Stat. 3099.) such individual during the life of this charter. Nothing in this subsection shall be construed to § 3113. ‘‘State’’ defined prevent the payment of reasonable compensa- For purposes of this chapter, the term ‘‘State’’ tion to the officers of the corporation or reim- includes the District of Columbia, the Common- bursement for actual and necessary expenses in wealth of Puerto Rico, the Commonwealth of amounts approved by the board of directors. the Northern Mariana Islands, and the terri- (b) Loans tories and possessions of the United States. The corporation may not make any loan to (Pub. L. 98–584, § 14, Oct. 30, 1984, 98 Stat. 3099.) any officer, director, or employee of the corpora- tion. § 3114. Tax-exempt status (c) Political activities The corporation shall maintain its status as Neither the corporation nor any officer or di- an organization exempt from taxation as pro- rector thereof may contribute to, support, or vided in title 26. If the corporation fails to main- otherwise participate in any political activity or tain such status, the charter granted by this attempt in any manner to influence legislation. chapter shall expire. (d) Issuance of stock; dividends (Pub. L. 98–584, § 15, Oct. 30, 1984, 98 Stat. 3099; The corporation shall have no power to issue Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095.) any shares of stock or to declare or pay any AMENDMENTS dividends. 1986—Pub. L. 99–514 substituted ‘‘Internal Revenue (e) Claim of approval or authorization Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’, The corporation shall not claim the approval which for purposes of codification was translated as ‘‘title 26’’ thus requiring no change in text. or authorization of the Federal Government for any of its activities. § 3115. Failure to comply with restrictions or pro- (Pub. L. 98–584, § 8, Oct. 30, 1984, 98 Stat. 3098.) visions If the corporation fails to comply with any of § 3109. Liability for acts of officers and agents the restrictions or provisions of this chapter, The corporation shall be liable for the acts of the charter granted by this chapter shall expire. its officers and agents when acting within the (Pub. L. 98–584, § 16, Oct. 30, 1984, 98 Stat. 3099.) scope of their authority. (Pub. L. 98–584, § 9, Oct. 30, 1984, 98 Stat. 3098.) CHAPTER 64—AMERICAN CHEMICAL SOCIETY § 3110. Books and records; inspection Sec. The corporation shall keep correct and com- 3201. Corporation created. plete books and records of accounts and shall 3202. Objects of corporation. keep minutes of any proceeding of the corpora- 3203. Powers of corporation. 3204. Cooperation with military; title to inventions tion involving any of its members, the board of and discoveries. directors, or any committee having authority 3205. Acquisition of property by devise, bequest, under the board of directors. The corporation donation, or otherwise. shall keep at its principal office a record of the 3206. Completion of organization. § 3201 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 200

Sec. fense, the actual expense of such investigations, 3207. Rights of creditors. examinations, experiments, and reports to be 3208. Annual report. paid from appropriations which may have been 3209. Reservation of right to amend or repeal chap- ter. made for that purpose by Congress, but the soci- ety shall receive no compensation whatever for § 3201. Corporation created any services to the Government of the United States: Provided, That the title to any and all in- The persons following: Robert T. Baldwin, Ed- ventions and discoveries made in the course of ward Bartow, Erle M. Billings, E. K. Bolton, Wil- such investigations, examinations, and experi- lard H. Dow, Gustavus J. Esselen, Arthur J. Hill, ments that, in the opinion of the Secretary of Townes R. Leigh, Thomas Midgely, Junior, the Navy, the Secretary of the Air Force, or the Charles L. Parsons, R. E. Swain, E. R. Weidlein, Secretary of Army, involve the national defense, Frank C. Whitmore, H. H. Willard, and R. E. Wil- shall vest in the Government of the United son, being persons who are now directors of the States, and the Government of the United American Chemical Society, a corporation ex- States shall have unlimited license under all isting under the laws of the State of New York, other inventions and discoveries. their associates and successors duly chosen, and such other persons as now are or may hereafter (Aug. 25, 1937, ch. 762, § 4, 50 Stat. 799; July 26, be associated with them as officers or members 1947, ch. 343, title II, §§ 205(a), 207(a), (f), 61 Stat. of said American Chemical Society, are hereby 501–503.) incorporated and constituted and declared to be CHANGE OF NAME a body corporate by the name of American Department and Secretary of the Air Force inserted Chemical Society. under the authority of section 207(a), (f) of act July 26, (Aug. 25, 1937, ch. 762, § 1, 50 Stat. 798.) 1947, ch. 343, title II, 61 Stat. 501, 502. Department of War designated Department of the Army and title of EFFECTIVE DATE Secretary of War changed to Secretary of the Army by Section 10 of act Aug. 25, 1937, provided: ‘‘That this section 205(a) of such act July 26, 1947. Sections 205(a) Act [enacting this chapter] shall date from the 1st day and 207(a), (f) of act July 26, 1947 were repealed by sec- of January 1938. Approved, August 25, 1937.’’ tion 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Sec- tion 1 of act Aug. 10, 1956 enacted ‘‘Title 10, Armed § 3202. Objects of corporation Forces’’, which in sections 3010 to 3013 and 8010 to 8013 continued Departments of the Army and Air Force The objects of the incorporation shall be to under administrative supervision of Secretary of Army encourage in the broadest and most liberal man- and Secretary of the Air Force, respectively. ner the advancement of chemistry in all its § 3205. Acquisition of property by devise, be- branches; the promotion of research in chemical quest, donation, or otherwise science and industry; the improvement of the qualifications and usefulness of chemists The American Chemical Society be, and the through high standards of professional ethics, same is hereby, authorized and empowered to re- education, and attainments; the increase and ceive, by devise, bequest, donation, or otherwise, diffusion of chemical knowledge; and by its either real or personal property and to hold the meetings, professional contacts, reports, papers, same absolutely or in trust, and to invest, rein- discussions, and publications, to promote sci- vest, and manage the same and to apply said entific interests and inquiry, thereby fostering property and the income arising therefrom to public welfare and education, aiding the devel- the objects of its creation. opment of our country’s industries, and adding (Aug. 25, 1937, ch. 762, § 5, 50 Stat. 799.) to the material prosperity and happiness of our people. § 3206. Completion of organization (Aug. 25, 1937, ch. 762, § 2, 50 Stat. 798.) As soon as may be possible after the passage of this Act a meeting of the directors hereinbefore § 3203. Powers of corporation named shall be held at the city of Washington in The American Chemical Society shall have the District of Columbia by notice served in per- power to make its own organization, including son or by mail addressed to each director at his its constitution, bylaws, rules, and regulations; place of residence by the Secretary of the Amer- to fill all vacancies created by death, resigna- ican Chemical Society, a New York corporation, tion, or otherwise; to provide for the election of and the said directors, or a majority thereof, members, their division into classes, and all being assembled, shall organize and proceed to other matters needful and useful to promote the adopt bylaws, to elect officers and appoint com- objects of the society. It shall hold an annual mittees, and generally to organize the said cor- 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 property, real or personal, of the corporation § 3204. Cooperation with military; title to inven- heretofore known as the American Chemical So- tions and discoveries 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, Page 201 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 3302 funds, real or personal, books or property there- § 3301. Corporation created of, shall, on demand, deliver the same to the Leopold Stokowski, of Philadelphia, Pennsyl- said directors appointed by this chapter or to vania; Evelyn Price (Mrs. Eli Kirk Price), of the persons appointed by them to receive the Philadelphia, Pennsylvania; George W. Norris, same; and the directors of the existing corpora- of Philadelphia, Pennsylvania; Samuel S. tion and the directors herein named shall and Fleischer, of Philadelphia, Pennsylvania; Amory may take such other steps as shall be necessary Hare Hutchinson, of Philadelphia, Pennsylvania; to carry out the purposes of this chapter. Ellen D. Cleveland (Mrs. Richard F. Cleveland), (Aug. 25, 1937, ch. 762, § 6, 50 Stat. 799.) of Baltimore, Maryland; Otto T. Mallory, of Philadelphia, Pennsylvania; Roland S. Morris, of § 3207. Rights of creditors Philadelphia, Pennsylvania; Mrs. George H. The rights of the creditors of the said existing Lorimer, of Philadelphia, Pennsylvania; Hugh New York corporation known as the American Hampton Young, of Baltimore, Maryland; Rich- Chemical Society shall not in any manner be ard F. Cleveland, of Baltimore, Maryland; J. impaired by the passage of this Act, or the Howard Reber, of Philadelphia, Pennsylvania; Mary Stewart French, of Philadelphia, Pennsyl- transfer of the property hereinbefore mentioned, vania; Clara R. Mason, of Philadelphia, Pennsyl- nor shall any liability or obligation for the pay- vania; Katharine Dexter McCormick (Mrs. Stan- ment of any sums due or to become due, or any ley McCormick), of Chicago, Illinois; Evangeline claim or demand, in any manner or for any Stokowski (Mrs. Leopold Stokowski), of New cause existing against the said New York cor- York, New York; Elsie Jenkins Symington (Mrs. poration, be released or impaired; but such cor- Donald Symington), of Baltimore, Maryland; B. poration hereby incorporated is declared to suc- Howell Griswold, of Baltimore, Maryland; Ann ceed to the obligations and liabilities and to be Morgan, of New York, New York; John Hay held liable to pay and discharge all of the debts, Whitney, of New York, New York; Otto H. Kahn, liabilities, and contracts of the said New York of New York, New York; Harriet Barnes Pratt corporation so existing to the same effect as if (Mrs. Harold I. Pratt), of New York, New York; such new corporation had itself incurred the ob- Mrs. W. Murray Crane, of New York, New York; ligation or liability to pay such debt or dam- A. Conger Goodyear, of New York, New York; ages, and no such action or proceeding before Alice Garrett (Mrs. John W. Garrett), of Balti- any court or tribunal shall be deemed to have more, Maryland; John W. Garrett, of Baltimore, abated or been discontinued by reason of the Maryland; Joy Montgomery Higgins, of New passage of this chapter. York, New York; Arthur Woods, of New York, (Aug. 25, 1937, ch. 762, § 7, 50 Stat. 799.) New York; Helen Woods (Mrs. Arthur Woods), of New York, New York; C. Lawton Campbell, of § 3208. Annual report New York, New York; John H. Finley, of New York, New York; Cass Canfield, of New York, The corporation shall, on or before the 1st day New York; Katharine E. Canfield (Mrs. Cass of December in each year, transmit to Congress Canfield), of New York, New York; William a report of its proceedings and activities for the Rhinelander Stewart, of New York, New York; preceding calendar year. Such reports shall not Dorothea Blagden (Mrs. Linzee Blagden), of New be printed as public documents. York, New York; John W. Davis, of New York, (Aug. 25, 1937, ch. 762, § 8, 50 Stat. 800; Aug. 30, New York; Francis Anita Crane, of New York, 1964, Pub. L. 88–504, § 4(38), 78 Stat. 638.) New York; Frank L. Polk, of New York, New York; Edward M. M. Warburg, of New York, New AMENDMENTS York; William Green, of Washington, District of 1964—Pub. L. 88–504 struck out before period at end of Columbia; Mary Chichester du Pont (Mrs. Felix first sentence ‘‘including the full and complete state- du Point), of Wilmington, Delaware; Betty ment of its receipts and expenditures’’. Hawley, of New York, New York; Isabelle Ander- § 3209. Reservation of right to amend or repeal son (Mrs. Larz Anderson), of Washington, Dis- chapter trict of Columbia; Mabel Boardman, of Washing- ton, District of Columbia; Huibertje Lansing The right to alter, amend, or repeal this chap- Pryn Hamlin (Mrs. Charles Hamlin), of Washing- ter is hereby expressly reserved. ton, District of Columbia; their associates and (Aug. 25, 1937, ch. 762, § 9, 50 Stat. 800.) successors, duly chosen, are hereby incor- porated, constituted, and declared to be a body CHAPTER 65—THE AMERICAN NATIONAL corporate. The name of this corporation shall be THEATER AND ACADEMY ‘‘The American National Theater and Acad- emy.’’ Sec. 3301. Corporation created. (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. The corporation shall be nonprofit and with- 3305. Exclusive right to name. out capital stock. Its purposes shall embrace: 3306. Headquarters. (a) The presentation of theatrical productions 3307. Acquisition of property by devise, bequest, donation, or otherwise. of the highest type; 3308. Annual report. (b) The stimulation of public interest in the 3309. Agents for service of process. drama as an art belonging both to the theater 3310. Reservation of right to amend or repeal chap- and to literature and thereby to be enjoyed both ter. on the stage and in the study; § 3303 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 202

(c) The advancement of interest in the drama (July 5, 1935, ch. 373, § 7, 49 Stat. 459.) throughout the United States of America by fur- thering in the production of the best plays, in- § 3308. Annual report terpreted by the best actors at a minimum cost; Said corporation shall on or before the 1st day (d) The further development of the study of of January in each year make and transmit to drama of the present and past in our univer- Congress a report of its proceedings for the pre- sities, colleges, schools, and elsewhere; ceding calendar year: Provided, however, That (e) The sponsoring, encouraging, and develop- said report shall not be printed as a public docu- ing of the art and technique of the theater ment. through a school within the National Academy. (July 5, 1935, ch. 373, § 8, 49 Stat. 459; Aug. 30, (July 5, 1935, ch. 373, § 2, 49 Stat. 458.) 1964, Pub. L. 88–504, § 4(4), 78 Stat. 636.) § 3303. Powers of corporation AMENDMENTS The corporation created by this chapter shall 1964—Pub. L. 88–504 struck out before colon ‘‘includ- have the following powers: ing a full and complete report of its receipts and ex- penditures’’. To have perpetual succession with power to sue and to be sued in the courts of law and eq- § 3309. Agents for service of process uity; to receive, hold, own, use, mortgage, and dispose of such real estate and personal property As a condition precedent to the exercise of any as shall be necessary for its corporate purposes; power or privilege herein granted or conferred, to adopt a corporate seal and alter the same at ‘‘The American National Theater and Academy’’ pleasure; to adopt a constitution, bylaws, and shall file in the office of the Secretary or the regulations to carry out its purposes not incon- properly designated officer of each State or Ter- sistent with the laws of the United States or any ritory or the District of Columbia in which is lo- States; to establish and maintain offices and cated either its headquarters or branches or sub- buildings for the conduct of its business; to es- divisions thereof the name and post-office ad- tablish State and Territorial organizations and dress of an authorized agent upon whom legal local branches; and generally to do all such acts process or demand against ‘‘The American Na- and things as may be necessary and proper in tional Theater and Academy’’ may be served. carrying into effect the purposes of the corpora- (July 5, 1935, ch. 373, § 9, 49 Stat. 459.) tion. § 3310. Reservation of right to amend or repeal (July 5, 1935, ch. 373, § 3, 49 Stat. 458.) chapter § 3304. Nonpolitical nature of corporation The right to repeal, alter, or amend this chap- ter is hereby expressly reserved. The organization shall be nonpolitical, non- sectarian, as an organization shall not promote (July 5, 1935, ch. 373, § 10, 49 Stat. 459.) the candidacy of any persons seeking public of- fice. There shall be no honorary members. CHAPTER 66—AMERICAN SYMPHONY ORCHESTRA LEAGUE (July 5, 1935, ch. 373, § 4, 49 Stat. 458.) Sec. § 3305. Exclusive right to name 3401. Corporation created. 3402. Completion of organization. Said corporation and its State and local 3403. Purposes of corporation. branches and subdivisions shall have the sole 3404. Powers of corporation. and exclusive right to have and to use in carry- 3405. Principal office; territorial scope of activi- ing out its purposes the name ‘‘The American ties; service of process; authorized agent in National Theater and Academy.’’ District of Columbia. 3406. Membership; voting rights. (July 5, 1935, ch. 373, § 5, 49 Stat. 458.) 3407. Board of directors. (a) Composition of initial board. § 3306. Headquarters (b) Composition of subsequent boards; tenure. Said corporation be, and is hereby, authorized (c) Governing period; duties. to have its headquarters and hold its meetings 3408. Officers. at such places within or without the District of 3409. Distribution of income or assets to members; Columbia as it from time to time may deem loans. best. 3410. Nonpolitical nature of corporation. 3411. Liability for acts of officers or agents. (July 5, 1935, ch. 373, § 6, 49 Stat. 458.) 3412. Prohibition against issuance of stock or pay- ment of dividends. § 3307. Acquisition of property by devise, be- 3413. Books and records; inspection. quest, donation, or otherwise 3414. Repealed. 3415. Use of assets on dissolution or liquidation. The corporation is hereby authorized and em- 3416. Exclusive right to name, emblems, seals, and powered to receive by devise, bequest, donation, badges. or otherwise, either real or personal property, 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 aris- § 3401. Corporation created ing therefrom to the objects of its creation and according to the instructions of its donors. The following persons— Page 203 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 3405

Harold Gregory, Salt Lake City, Utah; organization of the corporation by the selection Samuel R. Rosenbaum, Philadelphia, Penn- of officers and employees, the adoption of a con- sylvania; stitution and bylaws not inconsistent with this Mrs. Harry Fagg, Beaumont, Texas; chapter, and the doing of such other acts as may Frank E. Joseph, Shaker Heights, Ohio; be necessary for such purpose. John D. Wright, Phoenix, Maryland; Doctor George Szell, Cleveland, Ohio; (Pub. L. 87–817, § 2, Oct. 15, 1962, 76 Stat. 930.) Henry Denecke, Cedar Rapids, Iowa; § 3403. Purposes of corporation Harry Levenson, Worcester, Massachusetts; Theodore C. Russell, Jackson, Mississippi; The purposes of the corporation shall be to— Stanley Williams, Milwaukee, Wisconsin; (1) serve as a coordinating, research and edu- Oliver M. Clegg, Magnolia, Arkansas; cational agency and clearinghouse for sym- R. Philip Hanes, Junior, Winston-Salem, phony orchestras in order to help strengthen North Carolina; the work in their local communities; Mrs. Ben Hale Golden, Lookout Mountain, (2) assist in the formation of new symphony Tennessee; orchestras; Miles F. Portlock, Junior, Orkney Springs, (3) through suitable means, encourage and Virginia; recognize the work of America’s musicians, Mrs. B. H. Littlefield, Bradenton, Florida; conductors, and composers; and Cecil W. Slocum, Omaha, Nebraska; Max Rudolph, Cincinnati, Ohio; (4) aid the expansion of the musical and cul- Mrs. Ward T. Langstroth, Billings, Montana; tural life of the United States through suit- Elden Bayley, Springfield, Ohio; able educational and service activities. George Barati, Honolulu, Hawaii; (Pub. L. 87–817, § 3, Oct. 15, 1962, 76 Stat. 930.) Mrs. Albert C. Olsen, Buffalo, New York; John Edwards, Pittsburg, Pennsylvania; § 3404. Powers of corporation Mrs. Mignonne P. Ladin, New York, New The corporation shall have power— York; Leslie C. White, Doraville, Georgia; (1) to have succession by its corporate name; Mrs. Fitzgerald Parker, Nashville, Ten- (2) to sue and be sued, complain and defend nessee; in any court of competent jurisdiction; Doctor Peter Paul Fuchs, Baton Rouge, Lou- (3) to adopt, use, and alter a corporate seal; isiana; (4) to choose such officers, managers, agents, R. Wilton Billstein, Woodbury, New Jersey; and employees as the business of the corpora- Mrs. Elizabeth S. Greene, West Hartford, tion may require; Connecticut; (5) to adopt, amend, and alter a constitution Gibson Morrissey, Roanoke, Virginia; and bylaws, not inconsistent with the laws of Alfred C. Connable, Kalamazoo, Michigan; the United States or any State in which the Mrs. Holmes Frederick, Greenville, South corporation is to operate, for the management Carolina; of its property and the regulation of its af- William Steinberg, Pittsburg, Pennsylvania; fairs; Virginia Wartman, Allentown, Pennsyl- (6) to contract and be contracted with; vania; (7) to take by lease, gift, purchase, grant, de- Robert L. Conn, Springfield, Illinois; vise, or bequest from any private corporation, Paul O. Grammer, Essex Fells, New Jersey; association, partnership, firm, or individual Henry Janiec, Spartanburg, South Carolina; and to hold any property, real, personal, or Charles B. Stacy, Charleston, West Virginia; mixed, necessary or convenient for attaining Doctor James Christian Pfohl, Charlotte, the objects and carrying into effect the pur- North Carolina; poses of the corporation, subject, however, to Frederick I. Moyer, Castle Rock, Colorado; Thomas D. Perry, Junior, Hingham, Massa- applicable provisions of law of any State (A) chusetts; governing the amount or kind of property Carlos Moseley, New York, New York; which may be held by, or (B) otherwise limit- Mrs. G. Robert Herberger, Scottsdale, Ari- ing or controlling the ownership of property zona; by, a corporation operating in such State; James P. Robertson, Wichita, Kansas; (8) to transfer, convey, lease, sublease, en- Myron Levite, Brooklyn, New York; cumber, and otherwise alienate real, personal, Mrs. Leo R. Pflaum, Wayzata, Minnesota; or mixed property; and (9) to borrow money for the purposes of the and their successors, are hereby created and de- corporation, issue bonds therefor, and secure clared to be a body corporate by the name of the same by mortgage, deed of trust, pledge, American Symphony Orchestra League (herein- or otherwise, subject in every case to all appli- after referred to as the corporation) and by such cable provisions of Federal and State laws. name shall be known and have perpetual succes- sion and the powers, limitations, and restric- (Pub. L. 87–817, § 4, Oct. 15, 1962, 76 Stat. 930.) tions herein contained. § 3405. Principal office; territorial scope of activi- (Pub. L. 87–817, § 1, Oct. 15, 1962, 76 Stat. 929.) ties; 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 shall be located in Charleston, West Virginia, or § 3402. Completion of organization 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 § 3406 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 204 place, but may be conducted throughout the be prescribed in the constitution and bylaws of United States, the Commonwealth of Puerto the corporation. Rico, and the territories and possessions of the (c) Governing period; duties United States. The board of directors shall be the governing (b) The corporation shall have in the District board of the corporation and, during the inter- of Columbia at all times a designated agent au- vals between the meetings of members, shall be thorized to accept service of process for the cor- responsible for the general policies and program poration; and notice to or service upon such of the corporation and for the control of all con- agent, or mailed to the business address of such tributed funds as may be raised by the corpora- agent, shall be deemed notice to or service upon tion. the corporation. (Pub. L. 87–817, § 7, Oct. 15, 1962, 76 Stat. 931.) (Pub. L. 87–817, § 5, Oct. 15, 1962, 76 Stat. 930.) § 3408. Officers § 3406. Membership; voting rights (a) The officers of the corporation shall be a (a) Eligibility for membership in the corpora- president, one or more vice presidents (as may tion and the rights, privileges, and designation be prescribed in the constitution and bylaws of of classes of members shall, except as provided the corporation), a secretary, and a treasurer, in this chapter, be determined as the constitu- and one or more assistant secretaries and assist- tion and bylaws of the corporation may provide. ant treasurers as may be provided in the con- (b) Each member of the corporation, other stitution and bylaws. than honorary, sustaining or associate members, (b) The officers of the corporation shall be shall have the right to one vote on each matter elected in such manner and for such terms and submitted to a vote at all meetings of the mem- with such duties as may be prescribed in the bers of the corporation. constitution and bylaws of the corporation. (Pub. L. 87–817, § 6, Oct. 15, 1962, 76 Stat. 931.) (Pub. L. 87–817, § 8, Oct. 15, 1962, 76 Stat. 932.) § 3407. Board of directors § 3409. Distribution of income or assets to mem- (a) Composition of initial board bers; loans Upon the enactment of this chapter the mem- (a) No part of the income or assets of the cor- bership of the initial board of directors of the poration shall inure to any of its members, di- corporation shall consist of the following per- rectors, or officers as such, or be distributable sons: to any of them during the life of the corporation R. Wilton Billstein, Woodbury, New Jersey; or upon its dissolution or final liquidation. Igor Buketoff, Fort Wayne, Indiana; Nothing in this subsection, however, shall be Mrs. Ronald A. Dougan, Beloit, Wisconsin; construed to prevent the payment of compensa- Mrs. J. W. Graham, Sioux City, Iowa; tion to officers of the corporation in amounts Howard Harrington, Detroit, Michigan; approved by the board of directors of the cor- William Herring, Winston-Salem, North Caro- poration. lina; (b) The corporation shall not make loans to its Harold Kendrick, New Haven, Connecticut; officers, directors, or employees. Any director Robert MacIntyre, Birmingham, Alabama; who votes for or assents to the making of a loan Thomas Perry, Junior, Boston, Massachusetts; or advance to an officer, director, or employee of Mrs. H. W. Roberts, Dallas, Texas; the corporation, and any officer who partici- Mrs. Jouett Shouse, Washington, District of pates in the making of such loan or advance, Columbia; shall be jointly and severally liable to the cor- Alan Watrous, Dallas, Texas; poration for the amount of such loan until the John S. Edwards, Pittsburgh, Pennsylvania; repayment thereof. Mrs. Fred Lazarus III, Cincinnati, Ohio; (Pub. L. 87–817, § 9, Oct. 15, 1962, 76 Stat. 932.) Charles W. Bonner, Fresno, California; Alfred Connable, Kalamazoo, Michigan; § 3410. Nonpolitical nature of corporation Victor Feldbrill, Winnipeg, Manitoba, Canada; The corporation, and its officers and directors Mrs. Gerald S. Greene, West Hartford, Con- as such, shall not contribute to or otherwise necticut; support or assist any political party or can- Mrs. G. Robert Herberger, Scottsdale, Arizona; didate for public office. Thomas Iannaccone, Rochester, New York; Dr. Richard Lert, Hollywood, California; (Pub. L. 87–817, § 10, Oct. 15, 1962, 76 Stat. 932.) Mrs. Fitzgerald Parker, Nashville, Tennessee; § 3411. Liability for acts of officers or agents Mrs. Leo R. Pflaum, Wayzata, Minnesota; 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; (Pub. L. 87–817, § 11, Oct. 15, 1962, 76 Stat. 932.) R. H. Wangerin, Louisville, Kentucky. (b) Composition of subsequent boards; tenure § 3412. Prohibition against issuance of stock or payment of dividends Thereafter, the board of directors of the cor- 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. Page 205 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 3501

(Pub. L. 87–817, § 12, Oct. 15, 1962, 76 Stat. 932.) CHAPTER 67—GENERAL FEDERATION OF WOMEN’S CLUBS § 3413. Books and records; inspection Sec. The corporation shall keep correct and com- 3501. Corporation created. plete books and records of account and shall (a) Name, style, and title; perpetual suc- keep minutes of the proceedings of its members, cession. (b) Tax exempt status. board of directors, and committees having any (c) Use of assets on dissolution. authority under the board of directors; and it 3502. Acquisition of property by devise, bequest, shall also keep at its principal office a record of donation, or otherwise. the names and addresses of its members entitled 3503. Constitution; bylaws; headquarters. to vote. All books and records of the corporation 3504. Territorial scope of activities. may be inspected by any member entitled to vote, or his agent or attorney, for any proper § 3501. Corporation created purpose, at any reasonable time. (a) Name, style, and title; perpetual succession (Pub. L. 87–817, § 13, Oct. 15, 1962, 76 Stat. 932.) Mrs. Rebecca D. Lowe, Atlanta, Georgia; Mrs. Dimies T. S. Denison, New York, New York; § 3414. Repealed. Pub. L. 88–504, § 4(37), Aug. 30, Miss Margaret J. Evans, Northfield, Minnesota; 1964, 78 Stat. 648 Mrs. Emma A. Fox, Detroit, Michigan; Mrs. George W. Kendrick, junior, Philadelphia, Penn- Section, Pub. L. 87–817, § 14, Oct. 15, 1962, 76 Stat. 933, sylvania; Mrs. Emma M. Van Vechten, Cedar related to audit of financial transactions. See sections Rapids, Iowa; Mrs. George H. Noyes, Milwaukee, 1101 to 1103 of this title. Wisconsin; Mrs. Edward L. Buchwalter, Spring- field, Ohio; Mrs. William J. Christie, Butte, § 3415. Use of assets on dissolution or liquidation Montana; Mrs. William T. Coad, Rapid City, Upon dissolution or final liquidation of the South Dakota; Mrs. Laura Rockwell Priddy, corporation, after discharge or satisfaction of Wichita, Kansas; Mrs. Frank Sherwin Streeter, all outstanding obligations and liabilities, the Concord, New Hampshire; Mrs. Anna D. West, remaining assets, if any, of the corporation shall Somerville, Massachusetts; Mrs. Charles W. be distributed in accordance with the deter- Fairbanks, Indiana; Mrs. Lucia E. Blount, Wash- mination of the board of directors of the cor- ington, District of Columbia; Mrs. Ralph poration and in compliance with the constitu- Trautman, New York; Mrs. John L. McNeil, Col- tion and bylaws of the corporation and all Fed- orado; Mrs. Mary S. Lockwood, Washington, Dis- eral and State laws applicable thereto. trict of Columbia; Mrs. May Wright Sewall, Indi- ana; Mrs. J. C. Croly, New York; Miss Mary V. (Pub. L. 87–817, § 15, Oct. 15, 1962, 76 Stat. 933.) Temple, Tennessee; Mrs. Phoebe A. Hearst, Cali- fornia; Mrs. Kate Tannett Woods, Massachu- § 3416. Exclusive right to name, emblems, seals, setts; Mrs. Julia Plato Harvey, Illinois; Mrs. and badges Jane O. Cooper, Colorado; Mrs. Harriet H. Robin- The corporation shall have the sole and exclu- son, Massachusetts; Mrs. Ellen M. Henrotin, Illi- sive right to the name ‘‘American Symphony nois; Mrs. Mary E. Mumford, Pennsylvania; Mrs. Orchestra League’’ and to have and to use in C. P. Barnes, Kentucky; Mrs. Philip N. Moore, carrying out its purposes distinctive insignia, Missouri; Mrs. Alice Ives Breed, Massachusetts; emblems and badges, descriptive or designating Mrs. Frank Trumbull, Colorado; Miss Annie marks, and words or phrases as may be required Laws, Ohio; Mrs. Sarah S. Platt-Decker, Colo- in the furtherance of its functions. No powers or rado; Mrs. J. C. Royle, Utah; Josephine Bates, privileges hereby granted shall, however, inter- Mary Rogers, Octavia W. Bates, Fanny Purdy fere or conflict with established or vested rights. Palmer, Julia Ward Howe, Cordelia I. Sterling, Katherine Nobles, Mary D. Steele, and their as- (Pub. L. 87–817, § 16, Oct. 15, 1962, 76 Stat. 933.) sociates and successors, are hereby created a body corporate and politic, of the District of Co- § 3417. Acquisition of assets and liabilities of ex- lumbia, by the name, style, and title of the Gen- isting corporation eral Federation of Women’s Clubs, and by that The corporation may acquire the assets of the name shall have perpetual succession. American Symphony Orchestra League, Incor- (b) Tax exempt status porated, a corporation organized under the laws The General Federation of Women’s Clubs of the States of Virginia and Michigan, upon dis- shall be organized and operated exclusively for charging or satisfactorily providing for the pay- charitable and educational purposes within the ment and discharge of all of the liability of such meaning of section 501(c)(3) of title 26 and shall corporation and upon complying with all laws of otherwise comply with any requirements for the States of Virginia and Michigan applicable classification as an exempt organization under thereto. 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 of the membership of the General Federation of § 3418. Reservation of right to amend or repeal Women’s Clubs, specifically including arts pro- chapter grams, conservation programs, educational pro- grams, homelife programs, international affairs, The right to alter, amend, or repeal this chap- public affairs programs advancing information ter is expressly reserved. regarding public affairs, and community im- (Pub. L. 87–817, § 18, Oct. 15, 1962, 76 Stat. 933.) provement programs. § 3502 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 206

(c) Use of assets on dissolution AMENDMENTS In the event of the dissolution of the General 1934—Act June 7, 1934, struck out ‘‘biennial’’ before Federation of Women’s Clubs, its board of direc- ‘‘meetings’’. tors shall liquidate and distribute its assets to organizations qualified as exempt organizations CHAPTER 68—PEARL HARBOR SURVIVORS under section 501(c)(3) of title 26 with purposes ASSOCIATION similar to those of the General Federation of Sec. Women’s Clubs. 3601. Recognition as corporation and grant of Fed- eral charter. (Mar. 3, 1901, ch. 860, § 1, 31 Stat. 1438; Aug. 7, 3602. Powers of corporation. 1986, Pub. L. 99–376, 100 Stat. 804; Oct. 22, 1986, 3603. Objects and purposes of corporation. Pub. L. 99–514, § 2, 100 Stat. 2095.) 3604. Service of process. 3605. Membership; prohibition on discrimination. AMENDMENTS 3606. Board of directors. 1986—Subsec. (a). Pub. L. 99–376, § 1(1), (2), designated 3607. Officers. existing provisions as subsec. (a), and struck out ‘‘, for 3608. Restrictions. educational, industrial, philanthropic, literary, artis- (a) Distribution of income or assets to tic, and scientific culture, and to bring into commu- members. nication with one another the various Women’s Clubs (b) Loans; advances. throughout the world, with power in said corporation (c) Issuance of stock; dividends. to make and use a common seal, and to alter the same (d) Political activities. at pleasure’’ after ‘‘perpetual succession’’. (e) Claim of approval or authorization. Subsecs. (b), (c). Pub. L. 99–514 substituted ‘‘Internal 3609. Liability for acts of officers and agents. Revenue Code of 1986’’ for ‘‘Internal Revenue Code of 3610. Books and records; inspection. 1954’’, which for purposes of codification was translated 3611. Annual report. as ‘‘title 26’’ thus requiring no change in text. 3612. Reservation of right to amend or repeal chap- Pub. L. 99–376, § 1(3), added subsecs. (b) and (c). ter. 3613. ‘‘State’’ defined. § 3502. Acquisition of property by devise, be- 3614. Tax-exempt status. quest, donation, or otherwise 3615. Exclusive right to name, seals, emblems, and Said corporation is authorized to acquire, by badges. devise, bequest, or otherwise, hold, purchase, 3616. Failure to comply with restrictions or provi- sions. and convey such real and personal estate as shall or may be required for the purpose of its § 3601. Recognition as corporation and grant of incorporation with authority in said corpora- Federal charter tion, should it be by it deemed necessary so to do, to mortgage or otherwise encumber the real The Pearl Harbor Survivors Association, a estate which it may hereafter own or acquire nonprofit corporation organized under the laws and may give therefor such evidences of indebt- of the State of Missouri, is recognized as such edness as such corporation may decide upon. and is granted a Federal charter. (Mar. 3, 1901, ch. 860, § 2, 31 Stat. 1439; Apr. 6, (Pub. L. 99–119, § 1, Oct. 7, 1985, 99 Stat. 498.) 1922, ch. 121, 42 Stat. 490; June 7, 1934, ch. 425, 48 Stat. 925; Dec. 15, 1975, Pub. L. 94–151, § 1, 89 Stat. § 3602. Powers of corporation 809.) The Pearl Harbor Survivors Association (here- AMENDMENTS inafter in this chapter referred to as the ‘‘cor- poration’’) shall have those powers granted to it 1975—Pub. L. 94–151 struck out ‘‘not exceeding through its bylaws and articles of incorporation $1,500,000,’’ after ‘‘for the purpose of its incorporation’’. 1934—Act June 7, 1934, substituted ‘‘$1,500,000’’ for filed in the State in which it is incorporated and ‘‘$500,000’’. subject to the laws of such State, and such pow- 1922—Act Apr. 6, 1922, substituted ‘‘$500,000’’ for ‘‘two ers shall include the following: hundred thousand dollars’’. (1) To sue and be sued, complain, and defend in any court of competent jurisdiction. § 3503. Constitution; bylaws; headquarters (2) To adopt, alter, and use a corporate seal. Said corporation shall have a constitution and (3) To take gifts, legacies, and devises which may adopt and make by-laws for the admission will further the corporate purposes. and qualifications of members, the management (4) To adopt, alter, and amend a constitution of its property, and the regulation of its affairs, and bylaws, not inconsistent with the laws of and shall have the power to amend said con- the United States or any State in which the stitution and by-laws at pleasure. Said corpora- corporation is to operate, for the management tion shall have its headquarters at Washington, of its property and the regulation of its af- in the District of Columbia. fairs. (5) To charge and collect membership dues (Mar. 3, 1901, ch. 860, § 3, 31 Stat. 1439.) and subscription fees and to receive contribu- § 3504. Territorial scope of activities tions or grants of money or property to be used to carry out its purposes. Said corporation be, and it is hereby, author- (6) To establish, regulate, and maintain of- ized to hold its meetings at such places outside fices for the conduct of the affairs of the cor- of Washington, in the District of Columbia, as it poration. from time to time may deem best. (7) To promote the formation of auxiliaries, (Mar. 3, 1901, ch. 860, § 4, as added Apr. 28, 1904, the membership requirements of which shall ch. 1790, 33 Stat. 542; amended June 7, 1934, ch. be determined according to the constitution 425, 48 Stat. 925.) and the bylaws of the corporation. Page 207 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 3611

(8) To publish a magazine or other publica- § 3607. Officers tions. The positions of officers of the corporation (9) To adopt emblems and badges. and the election of members to such positions (10) To do any and all lawful acts and things shall be as provided in the articles of incorpora- necessary or desirable to carry out the objects tion of the corporation and in conformity with and purposes of the corporation. the laws of the State in which it is incorporated. (Pub. L. 99–119, § 2, Oct. 7, 1985, 99 Stat. 498.) (Pub. L. 99–119, § 7, Oct. 7, 1985, 99 Stat. 499.) § 3603. Objects and purposes of corporation § 3608. 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 corpora- tion and shall include the following: tion shall inure to any member, officer, or direc- (1) To uphold and defend the Constitution of tor of the corporation or be distributed to any the United States. such person during the life of the corporation or (2) To collate, preserve, and encourage the upon its dissolution or final liquidation. Noth- study of historical episodes, chronicles, me- ing in this subsection shall be construed to pre- mentos, and events pertaining to ‘‘The Day of vent the payment of compensation to the offi- Infamy, 7 December 1941’’, and in particular cers of the corporation for services rendered to those memories and records of patriotic serv- the corporation or to prevent their reimburse- ice performed by the heroic Pearl Harbor sur- ment for actual necessary expenses in amounts vivors and nonsurvivors. approved by the board of directors. (3) To shield from neglect the graves, past and future, of those who served at Pearl Har- (b) Loans; advances bor on such day. The corporation shall have no power to make (4) To stimulate communities and political loans or advances to any member, officer, direc- subdivisions into taking more interest in the tor, or employee of the corporation. affairs and future of the United States in order (c) Issuance of stock; dividends to keep our Nation alert. The corporation shall have no power to issue (5) To fight unceasingly for our national se- any shares of stock or to declare or pay any curity in order to protect the United States dividends. from enemies within and without our borders. (d) Political activities (6) To preserve the American way of life and to foster the spirit and practice of American- The corporation and its officers, employees, ism. and agents acting as such shall have no power to (7) To instill love of country and flag and to contribute to, support, or otherwise participate promote soundness of mind and body in the in any political activity or in any manner at- youth of our Nation. tempt to influence legislation. (e) Claim of approval or authorization (Pub. L. 99–119, § 3, Oct. 7, 1985, 99 Stat. 498.) The corporation shall have no power to claim § 3604. Service of process congressional approval or Federal Government authority for any of its activities. With respect to service of process, the corpora- tion shall comply with the laws of the State in (Pub. L. 99–119, § 8, Oct. 7, 1985, 99 Stat. 499.) which it is incorporated and those States in § 3609. Liability for acts of officers and agents which it carries on its activities in furtherance of its corporate purposes. The corporation shall be liable for the acts of its officers and agents when they have acted (Pub. L. 99–119, § 4, Oct. 7, 1985, 99 Stat. 499.) within the scope of their authority. § 3605. Membership; prohibition on discrimina- (Pub. L. 99–119, § 9, Oct. 7, 1985, 99 Stat. 500.) tion § 3610. Books and records; inspection Eligibility for membership in the corporation and the rights and privileges of members of the The corporation shall keep correct and com- corporation shall be as provided in the constitu- plete books and records of accounts and shall tion and bylaws of the corporation, except that keep minutes of any proceeding involving any of terms of membership and requirements for hold- its members, the board of directors, or any com- ing office within the corporation shall not be mittee having authority under the board of di- discriminatory on the basis of race, color, reli- rectors. The corporation shall keep at its prin- gion, or national origin. cipal office a record of the names and addresses of all members having the right to vote in any (Pub. L. 99–119, § 5, Oct. 7, 1985, 99 Stat. 499.) proceeding of the corporation. All books and records of the corporation may be inspected by § 3606. Board of directors any member, or any agent or attorney of such The composition of the board of directors of member, for any proper purpose, at any reason- the corporation and the responsibilities of such able time. board shall be as provided in the articles of in- (Pub. L. 99–119, § 10, Oct. 7, 1985, 99 Stat. 500.) corporation of the corporation and in conform- ity with the laws of the State in which it is in- § 3611. Annual report corporated. The corporation shall report annually to the (Pub. L. 99–119, § 6, Oct. 7, 1985, 99 Stat. 499.) Congress concerning the activities of the cor- § 3612 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 208 poration during the preceding fiscal year. Such Sec. annual report shall be submitted at the same (c) Political activities. (d) Issuance of stock; dividends. time as the report of the audit of the corpora- (e) Claim of approval or authorization. tion required pursuant to section 1102 of this 3709. Liability for acts of officers and agents. title. The report shall not be printed as a public 3710. Books and records; inspection. document. 3711. Annual report. 3712. Reservation of right to amend or repeal chap- (Pub. L. 99–119, § 12, Oct. 7, 1985, 99 Stat. 500.) ter. 3713. ‘‘State’’ defined. § 3612. Reservation of right to amend or repeal 3714. Tax-exempt status. chapter 3715. Failure to comply with restrictions or provi- The right to alter, amend, or repeal this chap- sions. ter is expressly reserved to the Congress. § 3701. Recognition as corporation and grant of (Pub. L. 99–119, § 13, Oct. 7, 1985, 99 Stat. 500.) Federal charter The Daughters of Union Veterans of the Civil § 3613. ‘‘State’’ defined War 1861–1865, a nonprofit corporation organized For purposes of this chapter, the term ‘‘State’’ under the laws of the State of Ohio, is recog- includes the District of Columbia, the Common- nized as such and is granted a Federal charter. wealth of Puerto Rico, the Commonwealth of (Pub. L. 99–172, § 1, Dec. 9, 1985, 99 Stat. 1020.) the Northern Mariana Islands, and the terri- tories and possessions of the United States. § 3702. Powers of corporation (Pub. L. 99–119, § 14, Oct. 7, 1985, 99 Stat. 500.) The Daughters of Union Veterans of the Civil War 1861–1865 (hereinafter in this chapter re- § 3614. Tax-exempt status ferred to as the ‘‘corporation’’) shall have only The corporation shall maintain its status as those powers granted to it through its bylaws an organization exempt from taxation as pro- and articles of incorporation filed in the State vided in title 26. or States in which it is incorporated and subject to the laws of such State or States. (Pub. L. 99–119, § 15, Oct. 7, 1985, 99 Stat. 500; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095.) (Pub. L. 99–172, § 2, Dec. 9, 1985, 99 Stat. 1020.)

AMENDMENTS § 3703. Objects and purposes of corporation 1986—Pub. L. 99–514 substituted ‘‘Internal Revenue The objects and purposes of the corporation Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’, are those provided in its articles of incorpora- which for purposes of codification was translated as tion and, for the purpose of perpetuating the ‘‘title 26’’ thus requiring no change in text. memories of the fathers of the Daughters of § 3615. Exclusive right to name, seals, emblems, Union Veterans of the Civil War 1861–1865, their and badges loyalty to the Union, and their unselfish sac- rifices for the preservation of the same, shall in- The corporation and its regional districts and clude the following: local branches shall have the sole and exclusive (1) Encouraging the preservation of historic right to use in carrying out its purposes the sites and the construction and preservation of name ‘‘Pearl Harbor Survivors Association’’, monuments commemorating any aspect of the and such seals, emblems, and badges as the cor- Civil War. poration may adopt. (2) Building and maintaining a Museum of (Pub. L. 99–119, § 16, Oct. 7, 1985, 99 Stat. 501.) Civil War History, admission to which shall be free and open to the public, in the city of § 3616. Failure to comply with restrictions or pro- Springfield, Illinois, as a repository of Civil visions War documents, artifacts, and cultural relics. (3) Maintaining a library in connection with If the corporation shall fail to comply with the Civil War museum, admission to which any of the restrictions or provisions of this shall be open to the public, containing the of- chapter, the charter granted by this chapter ficial volumes of the War of the Rebellion shall expire. Records, Civil War genealogical files, Adjutant (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 Page 209 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 3712

other institutions maintained by the States (c) Political activities for the welfare of American veterans. (1) The corporation may not contribute to, (6) Participating, in a spirit of cooperation support, or otherwise participate in any politi- and reciprocity, in programs with other soci- cal activity or attempt in any manner to influ- eties devoted to American history, veterans’ ence legislation. affairs, or community interests. (2) No officer or director of the corporation, The corporation shall function as a veterans’ acting as such officer or director, may commit and patriotic organization as authorized by the any act prohibited under paragraph (1) of this laws of the State or States in which it is incor- subsection. porated. (d) Issuance of stock; dividends The corporation shall have no power to issue (Pub. L. 99–172, § 3, Dec. 9, 1985, 99 Stat. 1020; Pub. any shares of stock nor to declare or pay any L. 102–54, § 13(n)(8), June 13, 1991, 105 Stat. 278.) dividends. AMENDMENTS (e) Claim of approval or authorization 1991—Par. (5). Pub. L. 102–54 substituted ‘‘Department The corporation shall not claim congressional of Veterans Affairs’’ for ‘‘Veterans’ Administration’’. approval or the authorization of the Federal Government for any of its activities. § 3704. Service of process (Pub. L. 99–172, § 8, Dec. 9, 1985, 99 Stat. 1021.) With respect to service of process, the corpora- tion shall comply with the laws of the States in § 3709. Liability for acts of officers and agents 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 whenever such officers of its corporate purposes. and agents have acted within the scope of their (Pub. L. 99–172, § 4, Dec. 9, 1985, 99 Stat. 1021.) authority. (Pub. L. 99–172, § 9, Dec. 9, 1985, 99 Stat. 1022.) § 3705. Membership § 3710. Books and records; inspection Eligibility for membership in the corporation and the rights and privileges of members of the The corporation shall keep correct and com- corporation shall be as provided in the constitu- plete books and records of account and minutes tion and bylaws of the corporation. of any proceeding of the corporation involving any of its members, the board of directors, or (Pub. L. 99–172, § 5, Dec. 9, 1985, 99 Stat. 1021.) any committee having authority under the § 3706. Board of directors board of directors. The corporation shall keep, at its principal office, a record of the names and The composition of the board of directors of addresses of all members having the right to the corporation and the responsibilities of such vote in any proceeding of the corporation. All board shall be as provided in the articles of in- books and records of such corporation may be corporation of the corporation and in conform- inspected by any member having the right to ity with the laws of the State or States in which vote in any corporation proceeding, or by any it is incorporated. agent or attorney of such member, for any prop- er purpose at any reasonable time. Nothing in (Pub. L. 99–172, § 6, Dec. 9, 1985, 99 Stat. 1021.) this section shall be construed to contravene § 3707. Officers any applicable State law. The positions of officers of the corporation (Pub. L. 99–172, § 10, Dec. 9, 1985, 99 Stat. 1022.) and the election of members to such positions § 3711. Annual report shall be as provided in the articles of incorpora- tion of the corporation and in conformity with The corporation shall report annually to the the laws of the State or States in which it is in- Congress concerning the activities of the cor- corporated. poration during the preceding fiscal year. Such annual report shall be submitted at the same (Pub. L. 99–172, § 7, Dec. 9, 1985, 99 Stat. 1021.) time as the report of the audit required by sec- tion 1101(70) of this title. The report shall not be § 3708. Restrictions printed as a public document. (a) Distribution of income or assets to members (Pub. L. 99–172, § 12, Dec. 9, 1985, 99 Stat. 1022.)

No part of the income or assets of the corpora- REFERENCES IN TEXT tion may inure to the benefit of any member, of- ficer, or director of the corporation or be dis- Section 1101(70) of this title, referred to in text, was in the original ‘‘section 11 of this Act’’, meaning sec- tributed to any such individual during the life of tion 11 of Pub. L. 99–172, which amended section 1101 of this charter. Nothing in this subsection shall be this title to include Daughters of Union Veterans of the construed to prevent the payment of reasonable Civil War 1861–1865 within the definition of ‘‘private compensation to the officers of the corporation corporations established under Federal law’’. Section or reimbursement for actual and necessary ex- 1103 of this title requires a report to Congress on the penses in amounts approved by the board of di- annual audit of private corporations established under rectors. Federal law. (b) Loans § 3712. Reservation of right to amend or repeal The corporation may not make any loan to chapter any officer, director, or employee of the corpora- The right to alter, amend, or repeal this chap- tion. ter is expressly reserved to the Congress. § 3713 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 210

(Pub. L. 99–172, § 13, Dec. 9, 1985, 99 Stat. 1022.) poration’’), shall have only those powers granted to it through its articles of incorporation filed § 3713. ‘‘State’’ defined in the State in which it is incorporated and its For purposes of this chapter, the term ‘‘State’’ constitution and bylaws, and subject to the laws includes the District of Columbia, the Common- of such State. wealth of Puerto Rico, the Commonwealth of (Pub. L. 99–318, § 2, May 23, 1986, 100 Stat. 474.) the Northern Mariana Islands, and the terri- tories and possessions of the United States. § 3803. Objects and purposes of corporation (Pub. L. 99–172, § 14, Dec. 9, 1985, 99 Stat. 1022.) The objects and purposes of the corporation are those stated in its articles of incorporation, § 3714. Tax-exempt status constitution, and bylaws and include a commit- The corporation shall maintain its status as ment to— an organization exempt from taxation as pro- (1) uphold and defend the Constitution of the vided in title 26. If the corporation fails to main- United States; tain such status, the charter granted by this (2) foster the improvement of the condition chapter shall expire. of Vietnam-era veterans; (3) promote the social welfare (including (Pub. L. 99–172, § 15, Dec. 9, 1985, 99 Stat. 1022; educational, economic, social, physical, and Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095.) cultural improvement) in the United States by AMENDMENTS encouraging the growth and development, re- 1986—Pub. L. 99–514 substituted ‘‘Internal Revenue adjustment, self-respect, self-confidence and Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’, usefulness of Vietnam-era veterans and other which for purposes of codification was translated as veterans; ‘‘title 26’’ thus requiring no change in text. (4) improve conditions for Vietnam-era vet- erans and develop channels of communication § 3715. Failure to comply with restrictions or pro- to assist Vietnam-era veterans; visions (5) conduct and publish research, on a non- If the corporation shall fail to comply with partisan basis, pertaining to the relationship any of the restrictions or provisions of this between Vietnam-era veterans and the Amer- chapter, the charter granted by this chapter ican society, to the Vietnam war experience, shall expire. to the role of the United States in securing (Pub. L. 99–172, § 16, Dec. 9, 1985, 99 Stat. 1023.) peaceful coexistence for the world community, and to other matters which affect the edu- CHAPTER 70—VIETNAM VETERANS OF cational, economic, social, physical, or cul- AMERICA, INC. tural welfare of Vietnam-era veterans and other veterans and the families of such veter- Sec. 3801. Recognition as corporation and grant of Fed- ans; eral charter. (6) assist disabled Vietnam-era veterans and 3802. Powers of corporation. other veterans in need of assistance and the 3803. Objects and purposes of corporation. dependents and survivors of such veterans; and 3804. Service of process. (7) consecrate the efforts of the members of 3805. Membership. 3806. Board of directors. the corporation and Vietnam-era veterans 3807. Officers. generally to mutual helpfulness and service to 3808. Prohibition on discrimination. their country. 3809. Restrictions. (a) Distribution of income or assets to (Pub. L. 99–318, § 3, May 23, 1986, 100 Stat. 474.) members. (b) Loans. § 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 char- of its corporate purposes. ter. 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. Page 211 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 3817

(Pub. L. 99–318, § 6, May 23, 1986, 100 Stat. 475.) right to vote. All books and records of the cor- poration may be inspected by any member hav- § 3807. Officers ing the right to vote, or by any agent or attor- Except as provided in section 3808 of this title, ney of such member, for any proper purpose, at the officers of the corporation, and the election any reasonable time. Nothing in this section of such officers, shall be as provided in the con- shall be construed to contravene any applicable stitution and bylaws of the corporation and in State law. conformity with the laws of the State in which (Pub. L. 99–318, § 11, May 23, 1986, 100 Stat. 475.) it is incorporated. (Pub. L. 99–318, § 7, May 23, 1986, 100 Stat. 475.) § 3812. Annual report The corporation shall report annually to the § 3808. Prohibition on discrimination Congress concerning the activities of the cor- In establishing the conditions of membership poration during the preceding fiscal year. Such in the corporation and in determining the re- annual report shall be submitted at the same quirements for serving on the board of directors time as is the report of the audit of the corpora- or as an officer of the corporation, the corpora- tion required by section 1102 of this title. The re- tion may not discriminate on the basis of race, port shall not be printed as a public document. color, religion, sex, national origin, handicap, or (Pub. L. 99–318, § 13, May 23, 1986, 100 Stat. 476.) age. (Pub. L. 99–318, § 8, May 23, 1986, 100 Stat. 475.) § 3813. Reservation of right to amend or repeal charter SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 3805, 3806, 3807 The right to alter, amend, or repeal this char- of this title. ter is expressly reserved to the Congress. (Pub. L. 99–318, § 14, May 23, 1986, 100 Stat. 476.) § 3809. Restrictions (a) Distribution of income or assets to members § 3814. ‘‘State’’ defined No part of the income or assets of the corpora- For purposes of this chapter, the term ‘‘State’’ tion shall inure to any person who is a member, includes the District of Columbia, the Common- officer, or director of the corporation or be dis- wealth of Puerto Rico, and each of the terri- tributed to any such person during the life of tories and possessions of the United States. this charter. Nothing in this subsection shall be construed to prevent the payment of reasonable (Pub. L. 99–318, § 15, May 23, 1986, 100 Stat. 476.) compensation to the officers of the corporation or reimbursement for actual necessary expenses § 3815. Tax-exempt status in amounts approved by the board of directors. The corporation shall maintain its status as (b) Loans an organization exempt from taxation as pro- vided in title 26. The corporation shall not make any loan to any officer, director, or employee of the corpora- (Pub. L. 99–318, § 16, May 23, 1986, 100 Stat. 476; tion. Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095.) (c) Issuance of stock; dividends AMENDMENTS The corporation shall have no power to issue 1986—Pub. L. 99–514 substituted ‘‘Internal Revenue any shares of stock nor to declare or pay any Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’, dividends. which for purposes of codification was translated as (d) Claim of approval or authorization ‘‘title 26’’ thus requiring no change in text. The corporation shall not claim congressional § 3816. Exclusive right to name, seals, emblems, approval or Federal Government authority by and badges virtue of this chapter for any of its activities. (Pub. L. 99–318, § 9, May 23, 1986, 100 Stat. 475.) The corporation shall have the sole and exclu- sive right to use the name ‘‘The Vietnam Veter- § 3810. Liability for acts of officers and agents ans of America, Inc.’’, ‘‘Vietnam Veterans of America, Inc.’’, and ‘‘Vietnam Veterans of The corporation shall be liable for the acts of America’’, and such seals, emblems, and badges its officers and agents when acting within the as the corporation may lawfully adopt. Nothing scope of their authority. in this section shall be construed to interfere or (Pub. L. 99–318, § 10, May 23, 1986, 100 Stat. 475.) conflict with established or vested rights. (Pub. L. 99–318, § 17, May 23, 1986, 100 Stat. 476.) § 3811. Books and records; inspection The corporation shall keep correct and com- § 3817. Failure to comply with restrictions or pro- plete books and records of accounts and shall visions keep minutes of any proceeding of the corpora- tion involving any of its members, the board of If the corporation shall fail to comply with directors, or any committee having authority any of the restrictions or provisions of this under the board of directors. The corporation chapter, the charter granted by this chapter shall keep at its principal office a record of the shall expire. names and addresses of all members having the (Pub. L. 99–318, § 18, May 23, 1986, 100 Stat. 477.) § 3901 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 212

CHAPTER 71—ARMY AND NAVY UNION OF (d) to perpetuate the memory of patriotic THE UNITED STATES OF AMERICA deeds performed by the defenders of our coun- try. Sec. 3901. Recognition as corporation and grant of Fed- (Pub. L. 99–604, § 3, Nov. 6, 1986, 100 Stat. 3446.) eral charter. 3902. Powers of corporation. § 3904. Service of process 3903. Objects and purposes of corporation. 3904. Service of process. With respect to service of process, the corpora- 3905. Membership. tion shall comply with the laws of the States in 3906. Board of directors. which it is incorporated and those States in 3907. Officers. which it carries on its activities in furtherance 3908. Restrictions. of its corporate purposes. (a) Distribution of income or assets to members. (Pub. L. 99–604, § 4, Nov. 6, 1986, 100 Stat. 3446.) (b) Loans. (c) Political activities. § 3905. Membership (d) Issuance of stock; dividends. Eligibility for membership in the corporation (e) Claim of approval or authorization. and the rights and privileges of members shall (f) Retention of status under State laws. 3909. Liability for acts of officers and agents. be as provided in the bylaws of the corporation. 3910. Books and records; inspection. (Pub. L. 99–604, § 5, Nov. 6, 1986, 100 Stat. 3447.) 3911. Annual report. 3912. Reservation of right to amend or repeal chap- § 3906. Board of directors ter. 3913. ‘‘State’’ defined. The board of directors of the corporation and 3914. Tax-exempt status. the responsibilities thereof shall be as provided 3915. Failure to comply with restrictions or provi- in the articles of incorporation of the corpora- sions. tion and in conformity with the laws of the State or States in which it is incorporated. § 3901. Recognition as corporation and grant of Federal charter (Pub. L. 99–604, § 6, Nov. 6, 1986, 100 Stat. 3447.) The Army and Navy Union of the United § 3907. Officers States of America, organized and incorporated The officers of the corporation, and the elec- under the laws of the State of Ohio, is hereby tion of such officers shall be as is provided in recognized as such and is granted a charter. the articles of incorporation of the corporation (Pub. L. 99–604, § 1, Nov. 6, 1986, 100 Stat. 3446.) and in conformity with the laws of the State or States wherein it is incorporated. § 3902. Powers of corporation (Pub. L. 99–604, § 7, Nov. 6, 1986, 100 Stat. 3447.) The Army and Navy Union of the United States of America (hereinafter referred to as the § 3908. Restrictions ‘‘corporation’’) shall have only those powers (a) Distribution of income or assets to members granted to it through its bylaws and articles of incorporation filed in the State or States in No part of the income or assets of the corpora- 1 which it is incorporated and subject to the laws tion shall insure to any member, officer, or di- of such State or States. rector of the corporation or be distributed to any such person during the life of this charter. (Pub. L. 99–604, § 2, Nov. 6, 1986, 100 Stat. 3446.) Nothing in this subsection shall be construed to prevent the payment of reasonable compensa- § 3903. Objects and purposes of corporation tion to the officers of the corporation or reim- The objects and purposes of the corporation bursement for actual necessary expenses in are those provided in its articles of incorpora- amounts approved by the board of directors. tion and shall also be— (b) Loans (a) to hold true allegiance to the Govern- The corporation shall not make any loan to ment of the United States of America and fi- any officer, director, or employee of the corpora- delity to its Constitution, laws, and institu- tion. tions; (b) to serve our Nation under God in peace as (c) Political activities well as in war by fostering the ideals of faith The corporation and any officer and director and patriotism, loyalty, justice, and liberty; of the corporation, acting as such officer or di- by inculcating in the hearts of young and old, rector, shall not contribute to, support or other- through precept and practice, the spirit of true wise participate in any political activity or in Americanism; by participating in civic activi- any manner attempt to influence legislation. ties for the good of our country and our com- (d) Issuance of stock; dividends munity; The corporation shall have no power to issue (c) to unite in fraternal fellowship those who any shares of stock nor to declare or pay any have served honorably and those who are now dividends. serving honorably in the Armed Forces of the United States of America; to protect and ad- (e) Claim of approval or authorization vance their civic, social, and economic wel- The corporation shall not claim congressional fare; to aid them in sickness and distress; to approval or Federal Government authority for assist in the burial and commemoration of any of its activities. their dead; and to provide help for their wid- ows and orphans; and 1 So in original. Probably should be ‘‘inure’’. Page 213 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 4003

(f) Retention of status under State laws vided in title 26. If the corporation fails to main- The corporation shall retain and maintain its tain such status, the charter granted hereby status as a corporation organized and incor- shall expire. porated under the laws of the State of Ohio. (Pub. L. 99–604, § 15, Nov. 6, 1986, 100 Stat. 3448.) (Pub. L. 99–604, § 8, Nov. 6, 1986, 100 Stat. 3447.) § 3915. Failure to comply with restrictions or pro- visions § 3909. 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 1 the charter granted hereby shall ex- scope of their authority. pire. (Pub. L. 99–604, § 9, Nov. 6, 1986, 100 Stat. 3447.) (Pub. L. 99–604, § 16, Nov. 6, 1986, 100 Stat. 3448.) § 3910. Books and records; inspection CHAPTER 72—NON COMMISSIONED OFFI- The corporation shall keep correct and com- CERS ASSOCIATION OF THE UNITED plete books and records of account and shall STATES OF AMERICA, INC. keep minutes of any proceeding of the corpora- Sec. tion involving any of its members, the board of 4001. Recognition as corporation and grant of Fed- directors, or any committee having authority eral charter. under the board of directors. The corporation 4002. Powers of corporation. shall keep at its principal office a record of the 4003. Objects and purposes of corporation. names and addresses of all members having the 4004. Service of process. right to vote. All books and records of such cor- 4005. Membership. poration may be inspected by any member hav- 4006. Board of directors. 4007. Officers. ing the right to vote, or by any agent or attor- 4008. Prohibition on discrimination. ney of such member, for any proper purpose, at 4009. Restrictions. any reasonable time. Nothing in this section (a) Distribution of income or assets to shall be construed to contravene any applicable members. State law. (b) Loans. (c) Issuance of stock; dividends. (Pub. L. 99–604, § 10, Nov. 6, 1986, 100 Stat. 3447.) (d) Claim of approval or authorization. 4010. Liability for acts of officers and agents. § 3911. Annual report 4011. Books and records; inspection. 4012. Annual report. The corporation shall report annually to the 4013. Reservation of right to amend or repeal chap- Congress concerning the activities of the cor- ter. poration during the preceding fiscal year. Such 4014. ‘‘State’’ defined. annual report shall be submitted at the same 4015. Tax-exempt status. time as is the report of the audit required by 4016. Exclusive right to names, seals, emblems, and section 1101(68) of this title. The report shall not badges. be printed as a public document. 4017. Failure to comply with restrictions or provi- sions. (Pub. L. 99–604, § 12, Nov. 6, 1986, 100 Stat. 3448.) § 4001. Recognition as corporation and grant of REFERENCES IN TEXT Federal charter Section 1101(68) of this title, referred to in text, was The Non Commissioned Officers Association of in the original ‘‘section 11 of this Act’’, meaning sec- tion 11 of Pub. L. 99–604, which amended section 1101 of the United States of America, Incorporated, a this title to include Army and Navy Union of the nonprofit corporation organized under the laws United States of America within the definition of ‘‘pri- of the State of Texas, is recognized as such and vate corporations established under Federal law’’. Sec- is granted a Federal charter. tion 1103 of this title requires a report to Congress on the annual audit of private corporations established (Pub. L. 100–281, § 1, Apr. 6, 1988, 102 Stat. 73.) under Federal law. § 4002. Powers of corporation § 3912. Reservation of right to amend or repeal The Non Commissioned Officers Association of chapter the United States of America, Incorporated, The right to alter, amend, or repeal this chap- (hereinafter in this chapter referred to as the ter is expressly reserved to the Congress. ‘‘corporation’’) shall have only those powers granted to it through its bylaws and articles of (Pub. L. 99–604, § 13, Nov. 6, 1986, 100 Stat. 3448.) incorporation filed in the State in which it is in- corporated and subject to the laws of such State. § 3913. ‘‘State’’ defined (Pub. L. 100–281, § 2, Apr. 6, 1988, 102 Stat. 73.) For purposes of this chapter, the term ‘‘State’’ includes the District of Columbia, the Common- § 4003. Objects and purposes of corporation wealth of Puerto Rico, and the territories and The objects and purposes of the corporation possessions of the United States. are those provided in its bylaws and articles of (Pub. L. 99–604, § 14, Nov. 6, 1986, 100 Stat. 3448.) incorporation and shall include— (1) upholding and defending the Constitution § 3914. Tax-exempt status of the United States; The corporation shall maintain its status as an organization exempt from taxation as pro- 1 So in original. Probably should be followed by a comma. § 4004 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 214

(2) promoting health, prosperity, and schol- ficer, or director of the corporation or be dis- arship among its members and their depend- tributed to any such individual during the life of ents and survivors through benevolent pro- this charter. Nothing in this subsection shall be grams; construed to prevent the payment of reasonable (3) assisting veterans and their dependents compensation to the officers of the corporation and survivors through a service program es- or reimbursement for actual necessary expenses tablished for that purpose; in amounts approved by the board of directors. (4) improving conditions for service mem- (b) Loans bers, veterans and their dependents and sur- vivors; and The corporation may not make any loan to (5) fostering fraternal and social activities any officer, director, or employee of the corpora- among its members in recognition that coop- tion. erative action is required for the furtherance (c) Issuance of stock; dividends of their common interests. The corporation shall have no power to issue (Pub. L. 100–281, § 3, Apr. 6, 1988, 102 Stat. 73.) any shares of stock nor to declare or pay any dividends. § 4004. Service of process (d) Claim of approval or authorization With respect to service of process, the corpora- The corporation shall not claim congressional tion shall comply with the laws of the State in approval or the authorization of the Federal which it is incorporated and those States in Government for any of its activities by virtue of which it carries on its activities in furtherance this chapter. of its corporate purposes. (Pub. L. 100–281, § 9, Apr. 6, 1988, 102 Stat. 74.) (Pub. L. 100–281, § 4, Apr. 6, 1988, 102 Stat. 73.) § 4010. Liability for acts of officers and agents § 4005. Membership The corporation shall be liable for the acts of Except as provided in section 4008 of this title, its officers and agents whenever such officers eligibility for membership in the corporation and agents have acted within the scope of their and the rights and privileges of members of the authority. corporation shall be as provided in the constitu- tion and bylaws of the corporation. (Pub. L. 100–281, § 10, Apr. 6, 1988, 102 Stat. 74.) (Pub. L. 100–281, § 5, Apr. 6, 1988, 102 Stat. 73.) § 4011. Books and records; inspection § 4006. Board of directors The corporation shall keep correct and com- plete books and records of account and minutes Except as provided in section 4008 of this title, of any proceeding of the corporation involving the composition of the board of directors of the any of its members, the board of directors, or corporation and the responsibilities of such any committee having authority under the board shall be as provided in the articles of in- board of directors. The corporation shall keep, corporation of the corporation and in conform- at its principal office, a record of the names and ity with the laws of the State in which it is in- addresses of all members having the right to corporated. vote in any proceeding of the corporation. All (Pub. L. 100–281, § 6, Apr. 6, 1988, 102 Stat. 74.) books and records of such corporation may be inspected by any member having the right to § 4007. Officers vote in any corporation proceeding, or by any Except as provided in section 4008 of this title, agent or attorney of such member, for any prop- the positions of officers of the corporation and er purpose at any reasonable time. Nothing in the election of members to such positions shall this section shall be construed to contravene be as provided in the articles of incorporation of any applicable State law. the corporation and in conformity with the laws (Pub. L. 100–281, § 11, Apr. 6, 1988, 102 Stat. 74.) of the State in which it is incorporated. (Pub. L. 100–281, § 7, Apr. 6, 1988, 102 Stat. 74.) § 4012. Annual report The corporation shall report annually to the § 4008. Prohibition on discrimination Congress concerning the activities of the cor- In establishing the conditions of membership poration during the preceding fiscal year. Such in the corporation and in determining the re- annual report shall be submitted at the same quirements for serving on the board of directors time as the report of the audit required by sec- or as an officer of the corporation, the corpora- tion 1102 of this title. The report shall not be tion may not discriminate on the basis of race, printed as a public document. color, religion, sex, handicap, age, or national (Pub. L. 100–281, § 13, Apr. 6, 1988, 102 Stat. 75.) origin. (Pub. L. 100–281, § 8, Apr. 6, 1988, 102 Stat. 74.) § 4013. Reservation of right to amend or repeal chapter SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 4005, 4006, 4007 The right to alter, amend, or repeal this chap- of this title. ter is expressly reserved to the Congress. (Pub. L. 100–281, § 14, Apr. 6, 1988, 102 Stat. 75.) § 4009. Restrictions (a) Distribution of income or assets to members § 4014. ‘‘State’’ defined No part of the income or assets of the corpora- For purposes of this chapter, the term ‘‘State’’ tion may inure to the benefit of any member, of- includes the District of Columbia, the Common- Page 215 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 4105 wealth of Puerto Rico, the Commonwealth of laws of Colorado, is hereby recognized as such the Northern Mariana Islands, and the terri- and is granted a charter. tories and possessions of the United States. (Pub. L. 100–655, title I, § 101, Nov. 14, 1988, 102 (Pub. L. 100–281, § 15, Apr. 6, 1988, 102 Stat. 75.) Stat. 3849.) § 4015. Tax-exempt status § 4102. Powers of corporation The corporation shall maintain its status as The National Mining Hall of Fame and Mu- an organization exempt from taxation as pro- seum (hereafter in this chapter referred to as vided in title 26. If the corporation fails to main- the ‘‘corporation’’), shall have only those powers tain such status, the charter granted by this granted to it through its bylaws and articles of chapter shall expire. incorporation filed in the State or States in (Pub. L. 100–281, § 16, Apr. 6, 1988, 102 Stat. 75.) which it is incorporated and subject to the laws of such State or States. § 4016. Exclusive right to names, seals, emblems, (Pub. L. 100–655, title I, § 102, Nov. 14, 1988, 102 and badges Stat. 3849.) The corporation shall have the sole and exclu- sive right to use the names ‘‘The Non Commis- § 4103. Objects and purposes of corporation sioned Officers Association of the United States The objects and purposes of the corporation of America’’, ‘‘Non Commissioned Officers Asso- are those provided in its articles of incorpora- ciation of the United States of America’’, ‘‘Non tion including— Commissioned Officers Association’’, and (1) to honor citizens, mining leaders, miners, ‘‘NCOA’’, and such seals, emblems, and badges as prospectors, teachers, scientists, engineers, in- the corporation may lawfully adopt. Nothing in ventors, governmental leaders, and other indi- this section may be construed to conflict or viduals, who have helped to make this Nation interfere with established or vested rights. great by their outstanding contributions to (Pub. L. 100–281, § 17, Apr. 6, 1988, 102 Stat. 75.) the establishment, development, advance- ment, or improvement of mining in the United CROSS REFERENCES States of America; Penalty for unauthorized manufacture, reproduction, (2) to perpetuate the memory of such indi- or sale of badges or emblems of veterans’ organizations, viduals and record their contributions and see section 705 of Title 18, Crimes and Criminal Proce- achievements by the erection and mainte- dure. nance of such buildings, monuments, and edi- § 4017. Failure to comply with restrictions or pro- fices as may be deemed appropriate as a last- visions ing memorial; (3) to foster, promote, and encourage a bet- If the corporation shall fail to comply with ter understanding of the origins and growth of any of the restrictions or provisions of this mining, especially in the United States, and chapter, the charter granted by this chapter the part mining has played in changing the shall expire. economic, social, and scientific aspects of our (Pub. L. 100–281, § 18, Apr. 6, 1988, 102 Stat. 76.) Nation; (4) to establish and maintain a library and CHAPTER 73—NATIONAL MINING HALL OF museum for collecting and preserving for pos- FAME AND MUSEUM terity, the history of those honored by the cor- Sec. poration, together with a documentation of 4101. Recognition as corporation and grant of Fed- their accomplishments and contributions to eral charter. mining, including such items as mining pic- 4102. Powers of corporation. tures, paintings, books, papers, documents, 4103. Objects and purposes of corporation. 4104. Membership. scientific data, relics, mementos, artifacts, 4105. Board of directors. and things relating to such items; 4106. Officers. (5) to cooperate with other mining organiza- 4107. Restrictions. tions which are actively engaged and inter- (a) Distribution of income or assets to ested in similar projects; and members. (b) Loans. (6) to engage in any and all activities inci- (c) Political activities. dental thereto or necessary, suitable, or prop- (d) Issuance of stock; dividends. er for the accomplishment of any of the pur- (e) Claim of approval or authorization. poses set forth in this section. (f) Retention of status under State laws. 4108. Liability for acts of officers and agents. (Pub. L. 100–655, title I, § 103, Nov. 14, 1988, 102 4109. Service of process. Stat. 3850.) 4110. Books and records; inspection. 4111. Annual report. § 4104. Membership 4112. Reservation of right to amend or repeal chap- ter. Eligibility for membership in the corporation 4113. ‘‘State’’ defined. and the rights and privileges of members shall 4114. Tax-exempt status. be as provided in the bylaws of the corporation. 4115. Failure to comply with restrictions or provi- sions. (Pub. L. 100–655, title I, § 104, Nov. 14, 1988, 102 Stat. 3850.) § 4101. Recognition as corporation and grant of Federal charter § 4105. Board of directors The National Mining Hall of Fame and Mu- The board of directors of the corporation and seum, organized and incorporated under the the responsibilities thereof shall be as provided § 4106 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 216 in the articles of incorporation of the corpora- (Pub. L. 100–655, title I, § 109, Nov. 14, 1988, 102 tion and in conformity with the laws of the Stat. 3851.) State or States in which it is incorporated. § 4110. Books and records; inspection (Pub. L. 100–655, title I, § 105, Nov. 14, 1988, 102 Stat. 3850.) The corporation shall keep correct and com- plete books and records of account and shall § 4106. Officers keep minutes of any proceeding of the corpora- tion involving any of its members, the board of The officers of the corporation, and the elec- directors, or any committee having authority tion of such officers shall be as is provided in under the board of directors. The corporation the articles of incorporation of the corporation shall keep at its principal office a record of the and in conformity with the laws of the State or names and addresses of all members having the States wherein it is incorporated. right of vote. All books and records of such cor- (Pub. L. 100–655, title I, § 106, Nov. 14, 1988, 102 poration may be inspected by any member hav- Stat. 3850.) ing the right to vote, or by any agent or attor- ney of such member, for any proper purpose, at § 4107. Restrictions any reasonable time. Nothing in this section shall be construed to contravene any applicable (a) Distribution of income or assets to members State law. No part of the income or assets of the corpora- (Pub. L. 100–655, title I, § 110, Nov. 14, 1988, 102 tion shall inure to any member, officer, or direc- Stat. 3851.) tor of the corporation or be distributed to any such person during the life of this charter. Noth- § 4111. Annual report ing in this subsection shall be construed to pre- The corporation shall report annually to the vent the payment of reasonable compensation to Congress concerning the activities of the cor- the officers of the corporation or reimbursement poration during the preceding fiscal year. Such for actual necessary expenses in amounts ap- annual report shall be submitted at the same proved by the board of directors. time as is the report of the audit required by (b) Loans section 1101 of this title. The report shall not be The corporation shall not make any loan to printed as a public document. any officer, director, or employee of the corpora- (Pub. L. 100–655, title I, § 112, Nov. 14, 1988, 102 tion. Stat. 3851.)

(c) Political activities REFERENCES IN TEXT The corporation and any officer and director Section 1101 of this title, referred to in text, was in of the corporation, acting as such officer or di- the original ‘‘section 111 of this title’’, meaning section rector, shall not contribute to, support, or 111 of title I of Pub. L. 100–655 which amended section otherwise participate in any political activity or 1101 of this title to include the National Mining Hall of in any manner attempt to influence legislation. Fame and Museum within the definition of ‘‘private corporations established under Federal law’’. Section (d) Issuance of stock; dividends 1103 of this title requires a report to Congress on the The corporation shall have no power to issue annual audit of private corporations established under Federal law. any shares of stock nor to declare or pay any dividends. § 4112. Reservation of right to amend or repeal (e) Claim of approval or authorization chapter The corporation shall not claim congressional The right to alter, amend, or repeal this chap- approval or Federal Government authority for ter is expressly reserved to the Congress. any of its activities. (Pub. L. 100–655, title I, § 113, Nov. 14, 1988, 102 (f) Retention of status under State laws Stat. 3852.) The corporation shall retain and maintain its § 4113. ‘‘State’’ defined status as a corporation organized and incor- porated under the laws of the State of Colorado. For purposes of this chapter, the term ‘‘State’’ includes the District of Columbia, the Common- (Pub. L. 100–655, title I, § 107, Nov. 14, 1988, 102 wealth of Puerto Rico, and the territories and Stat. 3850.) possessions of the United States. § 4108. Liability for acts of officers and agents (Pub. L. 100–655, title I, § 114, Nov. 14, 1988, 102 Stat. 3852.) The corporation shall be liable for the acts of its officers and agents when acting within the § 4114. Tax-exempt status scope of their authority. The corporation shall maintain its status as (Pub. L. 100–655, title I, § 108, Nov. 14, 1988, 102 an organization exempt from taxation as pro- Stat. 3851.) vided in title 26. (Pub. L. 100–655, title I, § 115, Nov. 14, 1988, 102 § 4109. Service of process Stat. 3852.) With respect to service of process, the corpora- tion shall comply with the laws of the States in § 4115. Failure to comply with restrictions or pro- which it is incorporated and those States in visions which it carries on its activities in furtherance If the corporation fails to comply with any of of its corporate purposes. the restrictions or other provisions of this chap- Page 217 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 4301 ter, the charter granted by this chapter shall ex- § 4203. Membership; powers of corporation pire. The American Academy of Arts and Letters (Pub. L. 100–655, title I, § 116, Nov. 14, 1988, 102 shall consist of not more than fifty regular Stat. 3852.) members, and the said corporation hereby con- stituted shall have power to make by-laws and CHAPTER 74—AMERICAN ACADEMY OF ARTS rules and regulations; to fill all vacancies cre- AND LETTERS ated by death, resignation, or otherwise; to pro- Sec. vide for the election of foreign, domestic, or 4201. Corporation created. honorary associate members, and the division of 4202. Purposes of corporation. such members into classes, and to do all other 4203. Membership; powers of corporation. matters needful or usual in such institutions. 4204. Annual meeting; annual report. 4205. Acquisition of property by bequest or dona- (Apr. 17, 1916, ch. 77, § 3, 39 Stat. 51.) tion. § 4204. Annual meeting; annual report 4206. Reservation of right to amend or repeal chap- ter. The American Academy of Arts and Letters shall hold an annual meeting at such place in § 4201. Corporation created the United States as may be designated and William Dean Howells, of Maine; Henry shall make an annual report to the Congress, to Adams, of the District of Columbia; Theodore be filed with the Librarian of Congress. Roosevelt, of New York; John Singer Sargent, of (Apr. 17, 1916, ch. 77, § 4, 39 Stat. 51.) Massachusetts; Daniel Chester French, of New York; John Burroughs, of New York; James § 4205. Acquisition of property by bequest or do- Ford Rhodes, of Massachusetts; Horatio William nation Parker, of Connecticut; William Milligan The American Academy of Arts and Letters Sloane, of New Jersey; Robert Underwood John- be, and the same is hereby, authorized and em- son, of New York; George Washington Cable, of powered to receive bequests and donations of Massachusetts; Andrew Dickson White, of New real or personal property and to hold the same York; Henry van Dyke, of New Jersey; William in trust, and to invest and reinvest the same for Crary Brownell, of New York; Basil Lanneau the purpose of furthering the interests of lit- Gildersleeve, of Maryland; Woodrow Wilson, of erature and the fine arts. New Jersey; Arthur Twining Hadley, of Con- necticut; Henry Cabot Lodge, of Massachusetts; (Apr. 17, 1916, ch. 77, § 5, 39 Stat. 52.) Edwin Howland Blashfield, of New York; Wil- § 4206. Reservation of right to amend or repeal liam Merritt Chase, of New York; Thomas chapter Hastings, of New York; Hamilton Wright Mabie, of New Jersey; Brander Matthews, of New York; The right to alter, amend, or repeal this chap- Thomas Nelson Page, of the District of Colum- ter is hereby expressly reserved. bia; Elihu Vedder, of Massachusetts; George Ed- (Apr. 17, 1916, ch. 77, § 6, 39 Stat. 52.) ward Woodberry, of Massachusetts; Kenyon Cox, of New York; George Whitefield Chadwick, of CHAPTER 75—AVIATION HALL OF FAME Massachusetts; Abbott Handerson Thayer, of Sec. New Hampshire; Henry Mills Alden, of New Jer- 4301. Corporation created. sey; George de Forest Brush, of New Hampshire; 4302. Completion of organization. William Rutherford Mead, of New York; Bliss 4303. Purposes of corporation. Perry, of Massachusetts; Abbott Lawrence Low- 4304. Powers of corporation. ell, of Massachusetts; James Whitcomb Riley, of 4305. Principal office; territorial scope of activi- Indiana; Nicholas Murray Butler, of New York; ties; agent for service of process. Paul Wayland Bartlett, of New York; Owen Wis- 4306. Membership; voting rights. 4307. Board of trustees. ter, of Pennsylvania; Herbert Adams, of New (a) Composition of initial board. Hampshire; Augustus Thomas, of New York; (b) Composition of subsequent boards; Timothy Cole, of New York; Cass Gilbert, of New tenure. York; William Roscoe Thayer, of Massachusetts; (c) Governing period; duties. Robert Grant, of Massachusetts; Frederick 4308. Officers. Macmonnies, of New York; Julian Alden Weir, of 4309. Board of nominations; composition; duties. Connecticut; William Gillette, of Connecticut; 4310. Distribution of income or assets to members; 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. sors, duly chosen, are hereby incorporated, con- 4313. Prohibition against issuance of stock or pay- stituted, and declared to be a body corporate of ment of dividends. the District of Columbia, by the name of the 4314. Books and records; inspection. American Academy of Arts and Letters. 4315. Audit of financial transactions. 4316. Use of assets on dissolution or liquidation. (Apr. 17, 1916, ch. 77, § 1, 39 Stat. 51.) 4317. Acquisition of assets and liabilities of exist- ing corporation. § 4202. Purposes of corporation 4318. Reservation of right to amend or repeal chap- ter. 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- § 4302 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 218 nia; C. M. Pat Barnes, Oakwood, Ohio; Robert J. carry on similar activities, but no part of such Barth, Oakwood, Ohio; Donald H. Battin, Day- income or principal shall be contributed to any ton, Ohio; Milton A. Caniff, New City, New organization whose net earnings or any part York; Robert S. Chubb, Oakwood, Ohio; Albert thereof inure to the benefit of any private share- N. Clarkson, Dayton, Ohio; Frederick C. holder or individual, or any substantial part of Crawford, Cleveland, Ohio; Don L. Crawford, the activities of which is carrying on propa- Dayton, Ohio; Donald W. Douglas, Senior, Santa ganda, or otherwise attempting to influence leg- Monica, California; Charles S. Draper, Cam- islation. The detailed purposes hereinafter set bridge, Massachusetts; John G. Fitzpatrick, forth shall at all times be subject to and in fur- Oakwood, Ohio; John P. Fraim, Junior, Oak- therance of the provisions contained in this wood, Ohio; Courtlandt S. Gross, Burbank, Cali- paragraph. fornia; James W. Jacobs, Dayton, Ohio; Thomas (2) To honor citizens, aviation leaders, pilots, D. Johnson, Xenia, Ohio; Gregory C. Karas, Oak- teachers, scientists, engineers, inventors, gov- wood, Ohio; John W. Kercher, Oakwood, Ohio; ernmental leaders, and other individual 1 who Eugene W. Kettering, Kettering, Ohio; William have helped to make this Nation great by their G. Kiefaber, Dayton, Ohio; Gerald H. Leland, outstanding contributions to the establishment, Centerville, Ohio; John A. Lombard, Dayton, development, advancement, or improvement of Ohio; G. I. MacIntyre, Kettering, Ohio; Fred F. aviation in the United States of America. Marshall, Cedarville, Ohio; Robert W. Martin, (3) To perpetuate the memory of such persons New York, New York; James S. McDonnell, Jun- and record their contributions and achievements ior, Saint Louis, Missouri; Karl B. Mills, Day- by the erection and maintenance of such build- ton, Ohio; John B. Montgomery, Murray Hill, ings, monuments, and edifices as may be deemed New Jersey; John H. Murphy, Kettering, Ohio; appropriate as a lasting memorial. Larry E. O’Neil, Kettering, Ohio; Mundy I. (4) To foster, promote, and encourage a better Peale, Farmingdale, Long Island, New York; sense of appreciation of the origins and growth Louis F. Polk, Oakwood, Ohio; Edwin W. of aviation, especially in the United States of Rawlings, Minneapolis, Minnesota; Robert G. America, and the part aviation has played in Ruegg, Wright-Patterson Air Force Base, Ohio; changing the economic, social, and scientific as- Alden K. Sibley, Grosse Pointe Shores, Michi- pects of our Nation. gan; Igor I. Sikorsky, Stratford, Connecticut; (5) To establish and maintain a library and Robert J. Simons, Dayton, Ohio; James H. museum for collecting and preserving for poster- Straubel, Washington, District of Columbia; ity, the history of those honored by the organi- Charles V. Truax, Kettering, Ohio; John P. zation, together with a documentation of their Turner, Junior, Oakwood, Ohio; Gerald E. accomplishments and contributions to aviation, Weller, Kettering, Ohio; Charles W. Whalen, including, but not limited to, such items as Junior, Oakwood, Ohio; Bernard L. Whelan, aviation pictures, paintings, books, papers, doc- Fairfield, Connecticut; Thomas D. White, Wash- uments, scientific data, relics, mementos, arti- ington, District of Columbia; Gill Rob Wilson, facts, and things relating thereto. Claremont, California; Louis Wozar, Oakwood, (6) To cooperate with other recognized avia- Ohio; and their successors, are hereby created tion organizations which are actively engaged and declared to be a body corporate by the name and interested in similar projects. of the Aviation Hall of Fame (hereinafter re- (7) To engage in any and all activities inciden- ferred to as the ‘‘corporation’’) and by such tal thereto or necessary, suitable, or proper for name shall be known and have perpetual succes- the accomplishment of any of the aforemen- sion and the powers, limitations, and restric- tioned purposes. tions herein contained. (Pub. L. 88–372, § 3, July 14, 1964, 78 Stat. 314.) (Pub. L. 88–372, § 1, July 14, 1964, 78 Stat. 314.) § 4304. Powers of corporation SECTION REFERRED TO IN OTHER SECTIONS The corporation shall have the power— This section is referred to in sections 4302, 4307, 4309 (1) to have succession by its corporate name; of this title. (2) to sue and be sued, complain and defend § 4302. Completion of organization in any court of competent jurisdiction; (3) to adopt, use, and alter a corporate seal; A majority of the persons named in section (4) to choose such officers, trustees, man- 4301 of this title are authorized to complete the agers, agents, and employees as the business of organization of the corporation by the selection the corporation may require; of officers and employees, the adoption of by- (5) to adopt, amend, and alter bylaws, not in- laws, not inconsistent with the chapter, and the consistent with the laws of the United States doing of such other acts as may be necessary for or any State in which the corporation is to op- such purpose. erate, for the management of its property and (Pub. L. 88–372, § 2, July 14, 1964, 78 Stat. 314.) the regulation of its affairs; (6) to contract and be contracted with; § 4303. Purposes of corporation (7) to take by lease, gift, purchase, grant, de- The purposes of the corporation shall be— vise, or bequest from any private corporation, (1) To receive and maintain a fund or funds, association, partnership, firm, or individual and to use and apply the whole or any part of and to hold any property, real, personal, or the income therefrom, and the principal thereof, mixed, necessary or convenient for attaining exclusively for charitable, scientific, literary, or the objects and carrying into effect the pur- educational purposes, either directly or by con- tributions to organizations duly authorized to 1 So in original. Probably should be ‘‘individuals’’. Page 219 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 4310

poses of the corporation, subject, however, to between the meetings of members, shall be re- applicable provisions of law of any State (A) sponsible for the general policies and program of governing the amount or kind of property the corporation and for the control of all funds which may be held by, or (B) otherwise limit- of the corporation. The board of trustees shall ing or controlling the ownership of property appoint a board of nominations from the mem- by, a corporation operating in such State; bership of the corporation; may appoint com- (8) to transfer, convey, lease, sublease, en- mittees which shall have and exercise such pow- cumber, and otherwise alienate real, personal, ers as may be prescribed in the bylaws or by res- or mixed property; and olution of the board of trustees, and which may (9) to borrow money for the purposes of the be all of the powers of the board of trustees. corporation, issue bonds therefor, and secure (Pub. L. 88–372, § 7, July 14, 1964, 78 Stat. 316.) the same by mortgage, deed of trust, pledge, or otherwise, subject in every case to all appli- § 4308. Officers cable provisions of Federal and State laws. (Pub. L. 88–372, § 4, July 14, 1964, 78 Stat. 315.) (a) The officers of the corporation shall be a president, one or more vice presidents (as may § 4305. Principal office; territorial scope of activi- be prescribed in the bylaws of the corporation), ties; agent for service of process a secretary, a treasurer, and such other officers as may be provided in the bylaws. (a) The principal office of the corporation (b) The officers of the corporation shall be shall be located in Dayton, Ohio, or in such elected in such manner and for such terms and other place as may be later determined by the with such duties as may be prescribed in the by- board of trustees, but the activities of the cor- laws of the corporation. poration shall not be confined to that place, but may be conducted throughout the various (Pub. L. 88–372, § 8, July 14, 1964, 78 Stat. 316.) States, the Commonwealth of Puerto Rico, and the territories and possessions of the United § 4309. Board of nominations; composition; duties States. (a) The board of trustees shall appoint a board (b) The corporation shall have in the District of nominations from those persons named in sec- of Columbia at all times a designated agent au- tion 4301 of this title, their survivors and such thorized to accept service of process for the cor- additional persons, if any, as shall be named by poration; and notice to or service upon such them, not concurrently serving as a member of agent shall be deemed notice to or service upon the board of trustees, and consisting of such the corporation. number (not less than twenty-four); and shall (Pub. L. 88–372, § 5, July 14, 1964, 78 Stat. 316.) serve for such term as provided in the bylaws of the corporation. § 4306. Membership; voting rights (b) The board of nominations shall be the des- (a) Eligibility for membership in the corpora- ignated body of the corporation to nominate tion and the rights, privileges, and designation United States citizens or residents to be honored of classes of members shall, except as provided by the corporation and recommend such persons in this chapter, be determined as the bylaws of to the board of trustees for consideration as pre- the corporation may provide. scribed in the bylaws of the corporation. (b) Each member of the corporation given vot- (Pub. L. 88–372, § 9, July 14, 1964, 78 Stat. 316.) ing rights by the bylaws shall have the right to one vote on each matter submitted to a vote at § 4310. Distribution of income or assets to mem- all meetings of the voting members of the cor- bers; loans poration, which vote may be cast in such man- ner as the bylaws may prescribe. (a) No part of the income or assets of the cor- poration shall inure to any of its members, (Pub. L. 88–372, § 6, July 14, 1964, 78 Stat. 316.) trustees, members of the board of nominations, or officers as such, or be distributable to any of § 4307. Board of trustees them during the life of the corporation or upon (a) Composition of initial board its dissolution or final liquidation. Nothing in Upon enactment of this chapter the member- this subsection, however, shall be construed to ship of the initial board of trustees of the cor- prevent the payment of reasonable compensa- poration shall be elected from those persons tion to officers and employees of the corporation named in section 4301 of this title, their sur- in amounts approved by the board of trustees of vivors and such additional persons, if any, as the corporation. shall be named by them. (b) The corporation shall not make loans to its members, trustees, members of the board of (b) Composition of subsequent boards; tenure nominations, officers, or employees. Any trustee Thereafter, the board of trustees of the cor- who votes for or assents to making of a loan or poration shall consist of such number (not less advance to a member, member of the board of than eighteen), shall be selected in such manner nominations, officer, trustee, or employee of the (including the filling of vacancies), and shall corporation, and any officer who participates in serve for such term as may be provided in the the making of such a loan or advance, shall be bylaws of the corporation. jointly and severally liable to the corporation (c) Governing period; duties for the amount of such loan until the repayment The board of trustees shall be the governing thereof. body of the corporation, and, during intervals (Pub. L. 88–372, § 10, July 14, 1964, 78 Stat. 317.) § 4311 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 220

§ 4311. Nonpolitical nature of corporation the year including (1) the results of any trading, manufacturing, publishing, or other commer- The corporation and its members, members of cial-type endeavor carried on by the corpora- the board of nominations, trustees, officers, and tion, and (2) a schedule of all contracts requiring employees as such shall not contribute to or payments in excess of $10,000 and any payments otherwise support or assist any political party of compensation, salaries, or fees at a rate in ex- or candidate for public office. cess of $10,000 per annum. The report shall not (Pub. L. 88–372, § 11, July 14, 1964, 78 Stat. 317.) be printed as a public document. § 4312. Liability for acts of officers and agents (Pub. L. 88–372, § 15, July 14, 1964, 78 Stat. 317.) The corporation shall be liable for the acts of § 4316. Use of assets on dissolution or liquidation its officers and agents when acting within the Upon dissolution or final liquidation of the scope of their authority. corporation, after discharge or satisfaction of (Pub. L. 88–372, § 12, July 14, 1964, 78 Stat. 317.) all outstanding obligations and liabilities, the remaining assets, if any, of the corporation shall § 4313. Prohibition against issuance of stock or be distributed in accordance with the deter- payment of dividends mination of the board of trustees of the corpora- tion and in compliance with the charter and by- The corporation shall have no power to issue laws of the corporation and all Federal and any shares of stock or to declare or pay any State laws applicable thereto. Such distribution dividends. shall be consistent with the purposes of the cor- (Pub. L. 88–372, § 13, July 14, 1964, 78 Stat. 317.) poration.

§ 4314. Books and records; inspection (Pub. L. 88–372, § 16, July 14, 1964, 78 Stat. 318.) The corporation shall keep correct and com- § 4317. Acquisition of assets and liabilities of ex- plete books and records of account and shall isting corporation keep minutes of the proceedings of its members, The corporation may acquire the assets of the board of trustees, board of nominations, and National Aviation Hall of Fame, a general, not- committees having any of the authority of the for-profit corporation organized under the laws board of trustees; and shall also keep at its prin- of the State of Ohio, upon discharging or satis- cipal office a record of the names and addresses factorily providing for the payment and dis- of its members entitled to vote. All books and charge of all of the liabilities of such corpora- records of the corporation may be inspected by tion. any member entitled to vote, or his agent or at- torney, for any proper purpose, at any reason- (Pub. L. 88–372, § 17, July 14, 1964, 78 Stat. 318.) able time. § 4318. Reservation of right to amend or repeal (Pub. L. 88–372, § 14, July 14, 1964, 78 Stat. 317.) chapter The right to alter, amend, or repeal this chap- § 4315. Audit of financial transactions ter is expressly reserved. (a) The accounts of the corporation shall be (Pub. L. 88–372, § 18, July 14, 1964, 78 Stat. 318.) audited annually in accordance with generally 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 Sec. by a regulatory authority of a State or other po- 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, devise, or bequest. files, and all other papers, things, or property 4406. Monument. belonging to or in use by the corporation and 4407. Exemption from certain taxes. necessary to facilitate the audit shall be made 4408. Reservation of right to amend or repeal chap- available to the person or persons conducting ter. the audit; and full facilities for verifying trans- actions with the balances or securities held by § 4401. Corporation created; objects and purposes depositories, fiscal agents, and custodians, shall Helen Douglass, William H. H. Hart, Francis J. be afforded to such person or persons. Grimke, May Wright Sewall, Edward A. Clarke, (b) A report of such audit shall be made by the their associates and successors, be, and they are corporation to the Congress not later than six hereby declared to be, a body politic and cor- months following the close of the fiscal year for porate, in the District of Columbia, with perpet- which the audit is made. The report shall set ual succession, by and under the name, style, forth the scope of the audit and include such and title of the Frederick Douglass Memorial statements, together with the independent audi- and Historical Association, for the following ob- tor’s opinion of those statements, as are nec- jects and purposes, to wit: essary to present fairly the corporation’s assets First. To preserve to posterity the memory of and liabilities, surplus or deficit with an analy- the life and character of the late Frederick sis of the changes therein during the year, sup- Douglass. plemented in reasonable detail by a statement Second. To collect, collate, and preserve a his- of the corporation’s income and expenses during torical record of the inception, progress, and Page 221 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 4407 culmination of the antislavery movement in the § 4404. Board of trustees United States, and to assemble in the homestead The government of said association shall be of the late Frederick Douglass, commonly called vested in a board of trustees of not less than 9 Cedar Hill, in the village of Anacostia, in the members nor more than 19 members, who shall District of Columbia, all such suitable exhibits be elected by the corporators at their first meet- of records or things illustrative or commemora- ing or at such time thereafter as the said cor- tive of the antislavery movement and history as porators may at the said first meeting appoint may be donated to said association or acquired for that purpose. In case of a vacancy or vacan- 1 by purchase bequest, or other lawful means. cies occurring in said board of trustees by death, (June 6, 1900, ch. 806, § 1, 31 Stat. 662.) resignation, or otherwise, the same shall be filled by the remaining members thereof. Said board of trustees shall have perpetual succes- § 4402. Powers of corporation sion, and in them and their successors shall be The said association, by and under the name vested the power hereinbefore granted to this and title aforesaid, and their successors, shall be association. They shall adopt a common seal, competent at law and in equity to take to them- which they may alter at pleasure, under and by selves and their successors, for the use and be- which all deeds and acts of the association shall hoof of said association, any estate whatsoever, be passed and authenticated. They shall elect in any messuage, lands, tenements, here- such officers as they may deem necessary, in- ditaments, goods, chattels, moneys, and other cluding a treasurer, for such terms and at such effects, by gift, devise, grant, donation, bargain compensation as they may prescribe, in accord- sale, conveyance, assurance, or will; and the ance with the by-laws which may be established same to grant, bargain, sell, transfer, assign, for the government of said association. The said convey, assure, demise, declare to use, and farm treasurer shall give such bond as may be fixed let, and to place out on interest, for the use of by the by-laws, and all of the officers of the as- said association, in such manner as to them, or sociation, together with such agents and em- a majority of them, shall be deemed most bene- ployees as it may be deemed necessary to em- ficial to said association; and to receive the ploy, shall be subject to removal for such causes same, their rents, issues, and profits, income, and under such conditions and regulations as and interest, and to apply the same for the prop- may be prescribed by the by-laws. er use and benefit of said association for the ob- (June 6, 1900, ch. 806, § 4, 31 Stat. 663; Nov. 9, 1988, jects and purposes hereinbefore mentioned; and Pub. L. 100–642, § 1(a), 102 Stat. 3337.) by the same name to sue and be sued, to implead AMENDMENTS and be impleaded in any court of law or equity in all manner of suits, actions, and proceedings 1988—Pub. L. 100–642 substituted ‘‘9 members nor whatsoever, and generally by and in the same more than 19 members’’ for ‘‘five members nor more than nine’’. name to do and transact all and every the busi- ness touching or concerning the premises; and EFFECTIVE DATE OF 1988 AMENDMENT that after the said association shall have ac- Section 1(b) of Pub. L. 100–642 provided that: ‘‘The quired title in fee simple to a whole or a part of amendment made by subsection (a) [amending this sec- certain property situate and being in the village tion] shall take effect upon the election of additional of Anacostia, District of Columbia, commonly members of the board of trustees of the Frederick called Cedar Hill, and occupied by the late Fred- Douglass Memorial and Historical Association (pursu- ant to the amendment made by subsection (a)) at a reg- erick Douglass as his homestead, the said asso- ular or special meeting of the board called for the pur- ciation may manage, repair, improve, and adorn pose of such an election.’’ the same in such manner as the said incorpora- tors or their successors, or a majority of them, § 4405. Misnomer not to affect grant, donation, may deem meet and proper, in pursuance of and gift, devise, or bequest in accordance with the objects and purposes for No misnomer of the said corporation shall de- which this said association is incorporated. feat or annul any grant, donation, gift, devise, (June 6, 1900, ch. 806, § 2, 31 Stat. 662.) or bequest to or from said corporation. (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 association. (June 6, 1900, ch. 806, § 6, 31 Stat. 663.) (June 6, 1900, ch. 806, § 3, 31 Stat. 663.) § 4407. Exemption from certain taxes When the said corporation shall have acquired 1 So in original. Probably should be followed by a comma. title in fee simple to the whole or a part, as the § 4408 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 222 case may be, of the said property known as H. W. Koch, Silver Spring, Maryland; Cedar Hill, in the village of Anacostia, in the D. I. Livermore, Washington, District of Co- District of Columbia, and formerly occupied as lumbia; the homestead of the late Frederick Douglass, G. V. LeRoy, Chicago, Illinois; said land and premises shall be, and hereby are, W. B. Mann, Chevy Chase, Maryland; declared to be exempt from all taxes and assess- W. A. McAdams, Schenectady, New York; ments for taxation so long as the same shall be G. W. Morgan, Kensington, Maryland; used for the purposes of this incorporation. K. Z. Morgan, Oak Ridge, Tennessee; H. J. Muller, Bloomington, Indiana; (June 6, 1900, ch. 806, § 7, 31 Stat. 663.) R. J. Nelsen, Rockville, Maryland; § 4408. Reservation of right to amend or repeal R. R. Newell, San Francisco, California; chapter W. D. Norwood, Richland, Washington; H. M. Parker, Richland, Washington; Congress reserves the right to amend or repeal C. Powell, Bethesda, Maryland; this chapter. E. H. Quimby, New York, New York; (June 6, 1900, ch. 806, § 8, 31 Stat. 663.) J. C. Reeves, Gainesville, Florida; R. Robbins, Philadelphia, Pennsylvania; CHAPTER 77—NATIONAL COUNCIL ON RADI- H. H. Rossi, Nyack, New York; ATION PROTECTION AND MEASUREMENTS E. L. Saenger, Cincinnati, Ohio; Sec. T. L. Shipman, Los Alamos, New Mexico; 4501. Corporation created. P. J. Shore, Patchogue, New York; 4502. Completion of organization. J. H. Sterner, Rochester, New York; 4503. Objects and purposes of corporation. R. S. Stone, San Francisco, California; 4504. Powers of corporation. L. S. Taylor, Bethesda, Maryland; 4505. Principal office; territorial scope of activi- E. D. Trout, Corvallis, Oregon; ties; service of process; authorized agent in B. F. Trum, Boston, Massachusetts; District of Columbia. Shields Warren, Boston, Massachusetts; 4506. Membership; voting rights. 4507. Board of directors. E. G. Williams, Jacksonville, Florida; (a) Composition of initial board. H. O. Wyckoff, Silver Spring, Maryland; (b) Composition of subsequent boards; and their successors, are hereby created and de- tenure. clared to be a body corporate, by name of the (c) Governing period; duties. 4508. Officers. National Council on Radiation Protection and 4509. Distribution of income or assets to members; Measurements (hereinafter called the corpora- loans. tion), and by such name shall be known, and 4510. Nonpolitical nature of corporation. have perpetual succession and the powers, limi- 4511. Liability for acts of officers and agents. tations, and restrictions contained in this chap- 4512. Prohibition against issuance of stock or pay- ter. ment of dividends. 4513. Books and records; inspection. (Pub. L. 88–376, § 1, July 14, 1964, 78 Stat. 320.) 4514. Audit of financial transactions. SECTION REFERRED TO IN OTHER SECTIONS 4515. Use of assets on dissolution or liquidation. 4516. Acquisition of assets and liabilities of exist- This section is referred to in sections 4502, 4507 of this ing association. title. 4517. Reservation of right to amend or repeal chap- ter. § 4502. Completion of organization § 4501. Corporation created The persons named in section 4501 of this title are authorized to complete the organization of C. M. Barnes, Rockville, Maryland; the corporation by the selection of officers and E. C. Barnes, Edgewood, Pennsylvania; employees, the adoption of bylaws, not incon- V. P. Bond, Setauket, Long Island, New sistent with this chapter, and the doing of such York; other acts as may be necessary for such purpose. C. B. Braestrup, New York, New York; J. T. Brennan, Bethesda, Maryland; (Pub. L. 88–376, § 2, July 14, 1964, 78 Stat. 321.) L. T. Brown, Bethesda, Maryland; § 4503. Objects and purposes of corporation R. F. Brown, San Francisco, California; F. R. Bruce, Oak Ridge, Tennessee; The objects and purposes of the corporation J. C. Bugher, Rio Piedras, Puerto Rico; shall be— D. R. Chadwick, Upper Marlboro, Maryland; (1) to collect, analyze, develop, and dissemi- R. H. Chamberlain, Philadelphia, Pennsyl- nate in the public interest information and vania; recommendations about (a) protection against J. F. Crow, Madison, Wisconsin; radiation (referred to herein as ‘‘radiation pro- R. L. Doan, Idaho Falls, Idaho; tection’’), and (b) radiation measurements, C. L. Dunham, Washington, District of Co- quantities, and units, particularly those con- lumbia; cerned with radiation protection; T. C. Evans, Iowa City, Iowa; (2) to provide a means by which organiza- E. G. Fuller, Bethesda, Maryland; tions concerned with the scientific and related R. O. Gorson, Philadelphia, Pennsylvania; aspects of radiation protection and of radi- J. W. Healy, Chappaqua, New York; ation quantities, units, and measurements P. C. Hodges, Chicago, Illinois; may cooperate for effective utilization of their A. R. Keene, Richland, Washington; combined resources, and to stimulate the M. Kleinfeld, Brooklyn, New York; work of such organizations; Page 223 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 4509

(3) to develop basic concepts about radiation authorized to accept service of process for the quantities, units, and measurements, about corporation, and notice to or service upon such the application of these concepts, and about agent, or mailed to the business address of such radiation protection; agent, shall be deemed notice to or service upon (4) to cooperate with the International Com- the corporation. mission on Radiological Protection, the Fed- (Pub. L. 88–376, § 5, July 14, 1964, 78 Stat. 322.) eral Radiation Council, the International Commission on Radiological Units and Meas- § 4506. Membership; voting rights urements, and other national and inter- national organizations, governmental and pri- (a) Eligibility for membership in the corpora- vate, concerned with radiation quantities, tion and the rights and privileges of members units, and measurements and with radiation shall, except as provided in this chapter, be de- protection. termined as the bylaws of the corporation may provide. (Pub. L. 88–376, § 3, July 14, 1964, 78 Stat. 321.) (b) Each member of the corporation, other than honorary and associate members, shall § 4504. Powers of corporation have the right to one vote on each matter sub- The corporation shall have power— mitted to a vote at all meetings of the members (1) To sue and be sued, complain and defend in of the corporation. any court of competent jurisdiction. (Pub. L. 88–376, § 6, July 14, 1964, 78 Stat. 322.) (2) To adopt, alter, and use a corporate seal. (3) To choose such officers, directors, trustees, § 4507. Board of directors managers, agents, and employees as the business of the corporation may require. (a) Composition of initial board (4) To adopt, amend, and alter bylaws not in- Upon enactment of this chapter the member- consistent with the laws of the United States of ship of the initial board of directors of the cor- America or of any State in which the corpora- poration shall be those persons whose names are tion is to operate, for the management of its listed in section 4501 of this title. property and the regulation of its affairs. (b) Composition of subsequent boards; tenure (5) To make contracts. (6) To take and hold by lease, gift, purchase, Thereafter, the board of directors of the cor- grant, devise, or bequest, or by any other meth- poration shall be selected in such manner and od, any property, real or personal, necessary or shall serve for such term as may be prescribed in proper for attaining the objects and carrying the bylaws of the corporation. into effect the purposes of the corporation, sub- (c) Governing period; duties ject, however, to applicable provisions of law of The board of directors shall be the governing any State or the District of Columbia (a) gov- board of the corporation and shall, during the erning the amount or kind of such property intervals between corporation meetings, be re- which may be held by, or (b) otherwise limiting sponsible for the general policies and program of or controlling the ownership of any such prop- the corporation. The board shall be responsible erty by a corporation operating in such State or for the control of all funds of the corporation. the District of Columbia. (7) To transfer and convey real or personal (Pub. L. 88–376, § 7, July 14, 1964, 78 Stat. 322.) property, and to mortgage, pledge, encumber, § 4508. Officers lease, and sublease the same. (8) To borrow money for its corporate purposes (a) The officers of the corporation shall be a and issue bonds or other evidences of indebted- president, one or more vice presidents, a sec- ness therefor, and to secure the same by mort- retary, a treasurer, and such other officers as gage, pledge, or lien, subject in every case to all may be prescribed in the bylaws. The duties of applicable provisions of Federal or State law, or the officers shall be as prescribed in the bylaws of the laws of the District of Columbia. of the corporation. (9) To do any and all such acts and things nec- (b) Officers shall be elected annually at the an- essary and proper to carry out the purposes of nual meeting of the corporation. the corporation. (Pub. L. 88–376, § 8, July 14, 1964, 78 Stat. 322.) (Pub. L. 88–376, § 4, July 14, 1964, 78 Stat. 321.) § 4509. Distribution of income or assets to mem- § 4505. Principal office; territorial scope of activi- bers; loans ties; service of process; authorized agent in (a) No part of the income or assets of the cor- District of Columbia poration shall inure to any member, officer, or (a) The principal office of the corporation director, or be distributable to any such person shall be located in the District of Columbia, or during the life of the corporation or upon dis- in such other place as may later be determined solution or final liquidation. Nothing in this by the board of directors, but the activities of subsection, however, shall be construed to pre- the corporation shall not be confined to that vent the payment of reasonable compensation to place and may be conducted throughout the var- officers of the corporation in amounts approved ious States, the Commonwealth of Puerto Rico, by the board of directors of the corporation. and the possessions of the United States, and in (b) The corporation shall not make loans to its other areas throughout the world. officers, directors, or employees. Any director (b) The corporation shall maintain at all times who votes for or assents to the making of a loan in the District of Columbia a designated agent to an officer, director, or employee of the cor- § 4510 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 224 poration, and any officer who participates in the essary to present fairly the corporation’s assets making of such loan, shall be jointly and sever- and liabilities, surplus, or deficit, with an analy- ally liable to the corporation for the amount of sis of the changes therein during the year, sup- such loan until the repayment thereof. plemented in reasonable detail by a statement (Pub. L. 88–376, § 9, July 14, 1964, 78 Stat. 322.) of the corporation’s income and expenses during the year including (1) the results of any trading, § 4510. Nonpolitical nature of corporation manufacturing, publishing, or other commer- cial-type endeavor carried on by the corpora- The corporation, and its officers, directors, tion, and (2) a schedule of all contracts requiring and duly appointed agents as such, shall not payments in excess of $10,000 and any payments contribute to or otherwise support or assist any of compensation, salaries, or fees at a rate in ex- political party or candidate for office. cess of $10,000 per annum. The report shall not (Pub. L. 88–376, § 10, July 14, 1964, 78 Stat. 323.) be printed as a public document. (Pub. L. 88–376, § 14, July 14, 1964, 78 Stat. 323.) § 4511. Liability for acts of officers and agents The corporation shall be liable for the acts of § 4515. Use of assets on dissolution or liquidation 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 (Pub. L. 88–376, § 11, July 14, 1964, 78 Stat. 323.) of all outstanding obligations and liabilities, the remaining assets of the corporation may be dis- § 4512. 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 bylaws of the corpora- The corporation shall have no power to issue tion and all Federal and State laws applicable any shares of stock nor to declare nor pay any thereto. Such distribution shall be consistent dividends. with the purposes of the corporation. (Pub. L. 88–376, § 12, July 14, 1964, 78 Stat. 323.) (Pub. L. 88–376, § 15, July 14, 1964, 78 Stat. 324.) § 4513. Books and records; inspection § 4516. Acquisition of assets and liabilities of ex- The corporation shall keep correct and com- isting association plete books and records of account and shall The corporation may and shall acquire all of keep minutes of the proceedings of its members, the assets of the existing unincorporated organi- board of directors, and committees having au- zation known as the National Committee on Ra- thority under the board of directors, and it shall diation Protection and Measurements, subject also keep at its principal office a record of the to any liabilities and obligations of the said or- names and addresses of its members entitled to ganization. vote. All books and records of the corporation may be inspected by any member entitled to (Pub. L. 88–376, § 16, July 14, 1964, 78 Stat. 324.) vote, or his agent or attorney, for any proper § 4517. Reservation of right to amend or repeal purpose, at any reasonable time. chapter (Pub. L. 88–376, § 13, July 14, 1964, 78 Stat. 323.) The right to alter, amend, or repeal this chap- § 4514. Audit of financial transactions ter is hereby expressly reserved. (a) The accounts of the corporation shall be (Pub. L. 88–376, § 17, July 14, 1964, 78 Stat. 324.) audited annually in accordance with generally CHAPTER 78—NATIONAL TROPICAL accepted auditing standards by independent cer- BOTANICAL GARDEN tified public accountants or independent li- censed public accountants, certified or licensed Sec. by a regulatory authority of a State or other po- 4601. Corporation created. 4602. Completion of organization. litical subdivision of the United States. The 4603. Objects and purposes of corporation. audit shall be conducted at the place or places 4604. Powers of corporation. where the accounts of the corporation are nor- 4605. Board of trustees. mally kept. All books, accounts, financial (a) Initial board. records, reports, files, and all other papers, (b) Selection; tenure. things, or property belonging to or in use by the (c) Duties. corporation and necessary to facilitate the audit 4606. Officers. shall be made available to the person or persons 4607. Principal office; territorial scope of activi- ties; agent for service of process. conducting the audit; and full facilities for veri- 4608. Membership; voting rights. fying transactions with the balances or securi- 4609. Liability for acts of officers and agents. ties held by depositories, fiscal agents, and cus- 4610. Audit of financial transactions. todians shall be afforded to such person or per- 4611. Books and records; inspection. sons. 4612. Prohibition against issuance of stock or pay- (b) A report of such audit shall be made by the ment of dividends. corporation to the Congress not later than six 4613. Distribution of income or assets to members; months following the close of the fiscal year for loans. 4614. Use of assets on dissolution or liquidation. which the audit is made. The report shall set 4615. Nonpolitical nature of corporation. forth the scope of the audit and include such 4616. Exclusive right to name. statements, together with the independent audi- 4617. Reservation of right to amend or repeal chap- tor’s opinion of those statements, as are nec- ter. Page 225 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 4605

§ 4601. Corporation created people of the United States species of tropical plant life threatened with extinction; 1 The following persons: Henry Francis duPont, (e) to provide a beneficial facility which will Winterthur, Delaware; Deane Waldo Malott, contribute to the education, instruction, and Ithaca, New York; Horace Marden Albright, Los recreation of the people of the United States. Angeles, California; Robert Allerton, Kauai, Ha- waii; and Paul Bigelow Sears, New Haven, Con- (Pub. L. 88–449, § 3, Aug. 19, 1964, 78 Stat. 496.) necticut; and their successors, are hereby cre- ated and declared to be a body corporate by the § 4604. Powers of corporation name of National Tropical Botanical Garden The corporation shall have the following pow- (hereinafter referred to as the ‘‘corporation’’) ers: and by such name shall be known and have per- (a) to sue and be sued, and to complain and petual succession and the powers, limitations, defend in any court of competent jurisdiction; and restriction herein contained. (b) to adopt, use, and alter a corporate seal; (Pub. L. 88–449, § 1, Aug. 19, 1964, 78 Stat. 496; (c) to choose such trustees, officers, man- Pub. L. 100–539, § 1, Oct. 28, 1988, 102 Stat. 2718.) agers, agents, and employees as the activities of the corporation may require; AMENDMENTS (d) to adopt, amend, and alter bylaws, not 1988—Pub. L. 100–539 substituted ‘‘National Tropical inconsistent with the laws of the United Botanical Garden’’ for ‘‘Pacific Tropical Botanical Gar- States of America or of any State in which the den’’. corporation is to operate, or of the District of CHANGE OF NAME Columbia, for the management of its property Section 1 of Pub. L. 100–539 provided that: ‘‘Upon the and the regulation of its affairs; enactment of this Act, the Pacific Tropical Botanical (e) to make contracts; Garden, created by the Act entitled ‘An Act to charter (f) to take and hold by lease, gift, purchase, by Act of Congress the Pacific Tropical Botanical Gar- grant, devise, or bequest, or by any other den’, approved August 19, 1964 (Public Law 88–449; 78 method, any property, real, personal, or Stat. 496) [36 U.S.C. 4601 et seq.], shall be known as the mixed, necessary or proper for attaining the ‘National Tropical Botanical Garden’, and any ref- objects and carrying into effect the purposes erence in that Act to the Pacific Tropical Botanical of the corporation, subject, however, to appli- Garden shall be deemed to be a reference to the Na- tional Tropical Botanical Garden.’’ cable provisions of law of any State or the Dis- trict of Columbia (1) governing the amount or SECTION REFERRED TO IN OTHER SECTIONS kind of such property which may be held by, This section is referred to in section 4602 of this title. or (2) otherwise limiting or controlling the ownership or any such property by a corpora- § 4602. Completion of organization tion operating in such State or the District of The persons named in section 4601 of this title Columbia; shall be the incorporators of the corporation and (g) to transfer, convey, lease, sublease, mort- members of the initial board of trustees and are gage, encumber, and otherwise alienate real, authorized to complete the organization of the personal, or mixed property; and 1 corporation by the selection of other trustees (h) to borrow money for the purposes of the and officers, the adoption of bylaws, not incon- corporation, issue bonds or other evidences of sistent with this chapter, and the doing of such indebtedness therefor, and secure the same by other acts necessary to carry into effect the pro- mortgage, deed of trust, pledge, or otherwise, visions of this chapter. subject in every case to all applicable provi- sions of the Federal and State laws or to the (Pub. L. 88–449, § 2, Aug. 19, 1964, 78 Stat. 496.) laws of the District of Columbia; and § 4603. Objects and purposes of corporation (i) to do any and all acts and things nec- essary and proper to carry out the objects and The objects and purposes of the corporation purposes of the corporation. shall be— (a) to establish, develop, operate, and main- (Pub. L. 88–449, § 4, Aug. 19, 1964, 78 Stat. 497.) tain for the benefit of the people of the United § 4605. Board of trustees States an educational and scientific center in the form of a tropical botanical garden or gar- (a) Initial board dens, together with such facilities as libraries, Upon enactment of this chapter, the trustees herbaria, laboratories, and museums which are of the corporation may select additional persons appropriate and necessary for encouraging and to serve as members of the board of trustees. conducting research in basic and applied tropi- The incorporators of the corporation shall each cal botany; serve on the board of trustees for a term of at (b) to foster and encourage fundamental re- least three years. search with respect to tropical plant life and to encourage research and study of the uses of (b) Selection; tenure tropical flora in agriculture, forestry, horti- Except for the foregoing provision, the board culture, medicine, and other sciences; of trustees of the corporation shall be selected (c) to disseminate through publications and in such manner and shall serve for such time as other media the knowledge acquired at the may be prescribed in the bylaws of the corpora- gardens relative to basic and applied tropical tion. botany; (d) to collect and cultivate tropical flora of 1 So in original. Probably should be followed by ‘‘and’’. every nature and origin and to preserve for the 1 So in original. The word ‘‘and’’ probably should not appear. § 4606 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 226

(c) Duties (Pub. L. 88–449, § 9, Aug. 19, 1964, 78 Stat. 498.) The board of trustees shall be the managing § 4610. Audit of financial transactions body of the corporation and shall have such pow- ers, duties, and responsibilities as may be pre- (a) The accounts of the corporation shall be scribed in the bylaws of the corporation. audited annually in accordance with generally accepted auditing standards by independent cer- (Pub. L. 88–449, § 5, Aug. 19, 1964, 78 Stat. 497; tified public accountants or independent li- Pub. L. 92–447, Sept. 29, 1972, 86 Stat. 746.) censed public accountants, certified or licensed AMENDMENTS by a regulatory authority of a State or other po- 1972—Subsec. (a). Pub. L. 92–447 struck out after first litical subdivision of the United States. The sentence ‘‘The total number of trustees shall not ex- audit shall be conducted at the place or places ceed fifteen.’’ where the accounts of the corporation are nor- mally kept. All books, accounts, financial § 4606. Officers records, reports, files, and all other papers, (a) The officers of the corporation shall be a things, or property belonging to or in use by the president, one or more vice presidents, a sec- corporation and necessary to facilitate the audit retary, a treasurer, and such other officers as shall be made available to the person or persons may be authorized by the bylaws of the corpora- conducting the audit; and full facilities for veri- tion. fying transactions with the balances or securi- (b) The officers of the corporation shall be ties held by depositories, fiscal agents, and cus- elected in such manner and for such terms and todians shall be afforded to such person or per- with such duties as may be prescribed in the by- sons. laws of the corporation. (b) A report of such audit shall be made by the corporation to the Congress not later than six (Pub. L. 88–449, § 6, Aug. 19, 1964, 78 Stat. 497.) months following the close of the fiscal year for § 4607. Principal office; territorial scope of activi- which the audit is made. The report shall set ties; agent for service of process forth the scope of the audit and include such statements, together with the independent audi- (a) The corporation initially shall have its tor’s opinion of those statements, as are nec- principal office in the District of Columbia and essary to present fairly the corporation’s assets later at such place as may be determined by the and liabilities, surplus or deficit with an analy- board of trustees. The corporation shall have sis of the changes therein during the year, sup- the right to conduct its activities in the United plemented in reasonable detail by a statement States and elsewhere but shall establish a tropi- of the corporation’s income and expenses during cal botanical garden or gardens only in the the year including (1) the results of any trading, United States. For purposes of this subsection, manufacturing, publishing, or other commer- the term ‘‘United States’’ includes any common- cial-type endeavor carried on by the corpora- wealth, territory, or possession of the United tion, and (2) a schedule of all contracts requiring States. payments in excess of $10,000 and any payments (b) The corporation shall maintain in the Dis- of compensation, salaries, or fees at a rate in ex- trict of Columbia at all times a designated agent cess of $10,000 per annum. The report shall not authorized to accept service of process for the be printed as a public document. corporation and notice to or service upon such agent, or mailed to the business address of such (Pub. L. 88–449, § 10, Aug. 19, 1964, 78 Stat. 498.) agent, shall be deemed notice to or service upon § 4611. Books and records; inspection the corporation. The corporation shall keep correct and com- (Pub. L. 88–449, § 7, Aug. 19, 1964, 78 Stat. 498; plete books and records of account. It shall also Pub. L. 100–539, § 2, Oct. 28, 1988, 102 Stat. 2718.) keep minutes of the proceedings of its board of AMENDMENTS trustees, and committees having any of the au- 1988—Subsec. (a). Pub. L. 100–539 inserted sentence at thority of the board of trustees. The corporation end defining ‘‘United States’’. shall also keep at its principal office a record of the names and addresses of its members entitled § 4608. Membership; voting rights to vote. All books and records of the corporation shall (a) Eligibility for membership in the corpora- be open for inspection by any member of the tion and the rights and privileges of members corporation or his agent or attorney for any shall, except as provided in this chapter, be de- proper purpose at any reasonable time. termined as the constitution and bylaws of the corporation may provide. (Pub. L. 88–449, § 11, Aug. 19, 1964, 78 Stat. 499.) (b) Each member of the corporation, other than honorary and associate members, shall § 4612. Prohibition against issuance of stock or have the right to one vote on each matter sub- payment of dividends mitted to a vote at all meetings of the members The corporation shall have no power to issue of the corporation. shares of stock or to declare or pay dividends. (Pub. L. 88–449, § 8, Aug. 19, 1964, 78 Stat. 498.) (Pub. L. 88–449, § 12, Aug. 19, 1964, 78 Stat. 499.) § 4609. Liability for acts of officers and agents § 4613. Distribution of income or assets to mem- 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 Page 227 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 4701 trustee, or be distributable to any such person Sec. during the life of the corporation or upon dis- 4702. Name and powers of corporation. 4703. Purpose of corporation. solution or final liquidation. Nothing in this 4704. Board of trustees; powers. subsection, however, shall be construed to pre- 4705. Prohibition against issuance of stock or pay- vent the payment of reasonable compensation to ment of dividends. officers of the corporation in amounts approved 4706. Reservation of right to amend or repeal chap- by the board of trustees of the corporation. ter. (b) The corporation shall not make loans to its 4707. Consolidation. officers, trustees, or employees. Any trustee § 4701. Corporation created who votes for or assents to the making of a loan to an officer, trustee, or employee of the cor- Lawrence F. Abbott, Lyman Abbott, Carl E. poration, and any officer who participates in the Akeley, Earl Akers, Henry J. Allen, Joseph W. making of such loan, shall be jointly and sever- Alsop, Charles W. Anderson, Jacob L. Babler, ally liable to the corporation for the amount of Charles S. Barrett, John Barrett, E. C. Bartlett, such loan until the repayment thereof. R. Livingston Beeckman, Albert J. Beveridge, (Pub. L. 88–449, § 13, Aug. 19, 1964, 78 Stat. 499.) William C. Bobbs, Charles J. Bonaparte, Evan- geline Booth, Desha Breckenridge, Henri Brown, § 4614. Use of assets on dissolution or liquidation J. A. A. Burnquist, John Burroughs, Marion LeRoy Burton, Kenyon L. Butterfield, William Upon dissolution or final liquidation of the P. Bynum, Thomas E. Campbell, Robert D. corporation, all assets remaining after the cor- Carey, Irving A. Caswell, Thomas L. poration’s liabilities have been satisfied, shall Chadbourne, Robert R. Church, junior, Ernest F. be distributed to the United States Government, to be administered by the Secretary of the Inte- Cochran, William W. Cocks, Henry Waldo Coe, rior, under the Act of August 25, 1916 (39 Stat. Russell J. Coles, Austen Colgate, Frederick L. 535; 16 U.S.C. 1 et seq.), as amended and supple- Collins, E. C. Converse, Willis C. Cook, George mented, or to a State or local government to be B. Cortelyou, O. W. Coursey, William H. Cowles, used for a public purpose, in accordance with the John S. Cravens, Thomas J. Crittenden, H. P. determination of the board of trustees, consist- Cross, Walter Damrosch, S. C. Dell, Cleveland H. ent with the purposes of the corporation, and in Dodge, T. Coleman du Pont, Milton H. Esberg, compliance with the charter and bylaws of the Albert B. Fall, Sylvanus M. Ferris, Simeon D. corporation and Federal and State laws. Fess, John H. Finley, William S. Fleming, Charles W. Folds, Rufus E. Foster, Lyman J. (Pub. L. 88–449, § 14, Aug. 19, 1964, 78 Stat. 499.) Gage, Thomas Frank Gailor, James A. Gallivan, REFERENCES IN TEXT Halbert P. Gardner, James R. Garfield, Arthur Act of August 25, 1916, referred to in text, is act Aug. L. Garford, Nelson H. Gay, James W. Gerard, 25, 1916, ch. 408, 39 Stat. 535, as amended, popularly James Gibbons, Mary A. Gibson, Will H. Gibson, known as the National Park Service Organic Act, William Ball Gilbert, William A. Glasgow, jun- which is classified generally to sections 1, 2, 3, and 4 of ior, Martin H. Glynn, George W. Goethals, Title 16, Conservation. For complete classification of Frank R. Gooding, James P. Goodrich, Theodore this Act to the Code, see Short Title note set out under F. Green, John C. Greenway, Lloyd C. Griscom, section 1 of Title 16 and Tables. Frank W. Gunsaulus, Hermann Hagedorn, Grant § 4615. Nonpolitical nature of corporation P. Hall, Edward J. Hanna, Ole Hanson, Chester Harding, Judson Harmon, B. F. Harris, Albert The corporation, and its officers and trustees Bushnell Hart, George Harvey, James H. as such, shall not contribute to or otherwise Hawley, Will H. Hays, George C. Hazelett, A. T. support or assist any political party or can- Hert, Frederick C. Hicks, Frank J. Hogan, Elon didate for elective public office. H. Hooker, O. K. Houck, Clark Howell, R. B. (Pub. L. 88–449, § 15, Aug. 19, 1964, 78 Stat. 499.) Howell, William Dean Howells, Charles E. Hughes, Arthur M. Hyde, Harold L. Ickes, Wil- § 4616. Exclusive right to name liam P. Jackson, Alfred J. Johnson, Hiram W. The corporation shall have the sole and exclu- Johnson, Lewis Y. Johnson, Otto H. Kahn, sive right to use and to authorize the use of the Frank B. Kellogg, George N. Keniston, William name ‘‘National Tropical Botanical Garden.’’ 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- ard La Farge, Alexander Lambert, Franklin K. AMENDMENTS 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- Livingstone, Henry Cabot Lodge, William Loeb, den’’. 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 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 228

Murray, Truman H. Newberry, Samuel D. Nich- CHANGE OF NAME olson, Lewis Nixon, John I. Nolan, Peter Section 2 of act May 21, 1953, provided that: ‘‘Any law Norbeck, Alton B. Parker, John M. Parker, heretofore enacted by the Congress and now in effect Thomas Patterson, F. S. Peabody, George Whar- which refers to said Roosevelt Memorial Association ton Pepper, Leroy Percy, George W. Perkins, shall hereafter be deemed to refer to such Association Gifford Pinchot, Samuel Platt, Miles by its new name, Theodore Roosevelt Association.’’ Poindexter, Jeter C. Pritchard, Mason F. § 4703. Purpose of corporation Prosser, William H. Putnam, R. Lansing Ray, C. F. Reavis, Elisabeth Mills Reid, H. L. Remmel, The purpose of this corporation shall be to Rush Rhees, Raymond Robins, Prescott W. Rob- perpetuate the memory of Theodore Roosevelt inson, Elihu Root, John C. Rose, Julius Rosen- for the benefit of the people of the United States wald, Erskine M. Ross, John A. Sargent, Charles of America and of the world, and to that end, Scribner, Mary Frances Severance, William W. but without restriction to the objects enumer- Sewall, John C. Shaffer, Leslie M. Shaw, Louis ated below, to solicit, receive, hold, and main- P. Sheldon, Harry F. Sinclair, Thomas F. Smith, tain a fund or funds, and to apply the principal M. P. Snyder, William C. Sproul, William Spry, thereof and income therefrom to any one or Frank C. Steinhart, William D. Stephens, Percy more of the following objects: S. Stephenson, Philip B. Stewart, Henry L. (1) The erection and maintenance of a suitable Stimson, Marshall Stimson, Warren S. Stone, and adequate monumental memorial in the city Oscar S. Strauss, Mark Sullivan, Patrick Sulli- of Washington, District of Columbia, to the van, J. T. Swift, William Howard Taft, Joseph O. memory of Theodore Roosevelt; Thompson, William Boyce Thompson, John W. (2) The acquisition, development, and mainte- Towle, Wallace Townsend, William J. Tully, nance of a public park in memory of Theodore George Turner, R. E. Twitchell, Grace Vander- Roosevelt in the town of Oyster Bay, New York; bilt, George H. Vincent, Harriet E. Vittum, Aug. (3) The establishment and maintenance of an H. Vogel, Henry C. Wallace, Zeb V. Walser, T. H. endowment fund to promote the development Wannamaker, David Warfield, Charles B. War- and application of the policies and ideals of ren, Henry Watterson, Benjamin Ide Wheeler, Theodore Roosevelt for the benefit of the Amer- Henry J. Whigham, Wallace H. White, junior, Al- ican people.1 bert H. Wiggin, James Wilson, Leonard Wood, (4) The donation of real and personal property, Luke E. Wright, William Wrigley, junior, and including part or all of its endowment fund, to Robert J. Wynne, their associates and succes- a public agency or public agencies for the pur- sors, are hereby created a body corporate and pose of preserving in public ownership histori- politic in the District of Columbia. cally significant properties associated with the life of Theodore Roosevelt. (May 31, 1920, ch. 216, § 1, 41 Stat. 691.) (May 31, 1920, ch. 216, § 3, 41 Stat. 693; July 25, § 4702. Name and powers of corporation 1962, Pub. L. 87–547, § 6, 76 Stat. 217.) The name of this corporation shall be Theo- AMENDMENTS dore Roosevelt Association, and by that name it 1962—Par. (4). Pub. L. 87–547 added par. (4). shall have perpetual succession, with power to sue and be sued in courts of law and equity with- § 4704. Board of trustees; powers in the jurisdiction of the United States; to hold The property and affairs of the corporation such real and personal estate as shall be nec- shall be managed and directed by a self-perpet- essary for its corporate purposes, and to receive uating board of trustees. The following-named real and personal property by gift, devise, or be- persons shall constitute the first board of trust- quest; to give and dedicate such property to pub- ees: Lawrence Abbott, Henry J. Allen, Joseph W. lic agencies and purposes; to adopt a seal and Alsop, Charles W. Anderson, R. Livingston the same to alter at pleasure; to hold its cor- Beeckman, Austen Colgate, E. C. Converse, John porate meetings within or without the District S. Cravens, T. Coleman du Pont, John H. Finley, of Columbia, as the board of trustees of the cor- James R. Garfield, Mrs. Frank A. Gibson, James poration shall determine; to have offices and P. Goodrich, Lloyd C. Griscom, Hermann conduct its business affairs within or without Hagedorn, Judson Harmon, George Harvey, Will the District of Columbia, and in the several H. Hays, A. T. Hert, Frederick C. Hicks, Elon H. States, Territories, and possessions of the Hooker, Charles E. Hughes, Hiram W. Johnson, United States; to make and adopt a constitu- Otto H. Kahn, Frank B. Kellogg, Irwin R. Kirk- tion, by-laws, rules, and regulations not incon- wood, Mrs. C. Grant La Farge, Franklin K. Lane, sistent with the laws of the United States of Henry D. Lindsley, Henry Cabot Lodge, William America, or any State thereof, and generally to Loeb, junior, Mrs. Medill McCormick, James J. do all such acts and things as may be necessary McGraw, Clarence H. Mackay, Dwight W. Mor- to carry into effect the provisions of this chap- row, George W. Perkins, Gifford Pinchot, Mrs. ter and promote the purposes of said corpora- Whitelaw Reid, Raymond Robins, Elihu Root, tion. Julius Rosenwald, Mrs. C. A. Severance, Harry (May 31, 1920, ch. 216, § 2, 41 Stat. 692; May 21, F. Sinclair, Philip B. Stewart, Henry L. 1953, ch. 63, § 1, 67 Stat. 27.) Stimson, Warren S. Stone, Oscar S. Straus, Mark Sullivan, William Boyce Thompson, Henry AMENDMENTS C. Wallace, Albert H. Wiggin, Luke E. Wright, 1953—Act May 21, 1953, substituted ‘‘Theodore Roo- William Wrigley, junior, and Leonard Wood. sevelt Association’’ for ‘‘Roosevelt Memorial Associa- tion’’. 1 So in original. The period probably should be ‘‘; and’’. Page 229 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 4804

The board of trustees shall have the power to Sec. adopt from time to time a constitution, by-laws, 4805. Membership. 4806. Board of directors. rules, and regulations for the selection of their 4807. Officers. successors, for the admission to membership in 4808. Restrictions. the corporation, for the election of officers of (a) Distribution of income or assets to the corporation, and in general for the conduct members. of the affairs of the corporation, and may alter, (b) Loans. amend, or repeal the same. (c) Political activities. (d) Issuance of stock; dividends. (May 31, 1920, ch. 216, § 4, 41 Stat. 693.) (e) Claim of approval or authorization. 4809. Liability for acts of officers and agents. § 4705. Prohibition against issuance of stock or 4810. Books and records; inspection. payment of dividends 4811. Annual report. 4812. Reservation of right to amend or repeal chap- Said corporation will have no power to issue ter. certificates of stock or to declare or pay divi- 4813. ‘‘State’’ defined. dends, but it is organized and shall be operated 4814. Tax-exempt status. exclusively for educational purposes, and no 4815. Failure to comply with restrictions or provi- part of its earnings, income, or funds will inure sions. to the benefit of any member or individual. § 4801. Recognition as corporation and grant of (May 31, 1920, ch. 216, § 5, 41 Stat. 693.) Federal charter The 82nd Airborne Division Association, Incor- § 4706. Reservation of right to amend or repeal porated, a nonprofit corporation organized chapter under the laws of the State of Illinois, is recog- Congress shall have the right to repeal, alter, nized as such and is granted a Federal charter. or amend this chapter at any time. (Pub. L. 101–510, div. A, title XVI, § 1601, Nov. 5, (May 31, 1920, ch. 216, § 6, 41 Stat. 694.) 1990, 104 Stat. 1736.)

§ 4707. Consolidation § 4802. Powers of corporation This corporation shall have the power at any The 82nd Airborne Division Association, Incor- time to consolidate with Women’s Theodore porated (hereinafter in this chapter referred to Roosevelt Memorial Association, Incorporated, as the ‘‘corporation’’), shall have only those a nonstock and nonprofit corporation organized powers granted to it through its bylaws and ar- and existing under the New York membership ticles of incorporation filed in the State or corporations law, so as to form a single surviv- States in which it is incorporated and subject to ing corporation which shall be this corporation. the laws of such State or States. The corporate entity, existence and name of this (Pub. L. 101–510, div. A, title XVI, § 1602, Nov. 5, corporation shall continue unchanged after the 1990, 104 Stat. 1736.) consolidation. The consolidation shall not be effected unless § 4803. Objects and purposes of corporation the agreement for consolidation is approved by The objects and purposes of the corporation act of the trustees of this corporation, who shall are those provided in its articles of incorpora- be the members of the corporation entitled to tion and shall include— vote with respect to consolidation. (1) perpetuating the memory of members of Such trustees may act on any question re- the 82nd Airborne Division who fought and specting the consolidation by a resolution died for this Nation; adopted by two-thirds of those present at any (2) furthering the common bond between re- meeting of the board of trustees at which a tired and active members of the 82nd Airborne quorum of ten is present. Written notice of the Division; time, place, and purposes of such meeting shall (3) providing educational assistance in the be sent to each trustee at his last known address form of college scholarships and grants to the appearing on the books of the corporation by qualified children of current and former mem- first-class mail, postage prepaid, at least ten bers of the 82nd Airborne Division; days prior to the meeting. (4) promoting civic and patriotic activities; The consolidation shall be effected in the man- and ner prescribed in this section and in the New (5) promoting the indispensable role of air- York membership corporations law and shall be- borne defense to the national security of the come effective when a certificate of consolida- United States. tion is filed pursuant to said law. (Pub. L. 101–510, div. A, title XVI, § 1603, Nov. 5, (May 31, 1920, ch. 216, § 7, as added Mar. 29, 1956, 1990, 104 Stat. 1736.) ch. 102, 70 Stat. 60.) § 4804. Service of process CHAPTER 80—82ND AIRBORNE DIVISION With respect to service of process, the corpora- ASSOCIATION, INC. tion shall comply with the laws of the State or Sec. States in which it is incorporated and the State 4801. Recognition as corporation and grant of Fed- or States in which it carries on its activities in eral charter. furtherance of its corporate purposes. 4802. Powers of corporation. 4803. Objects and purposes of corporation. (Pub. L. 101–510, div. A, title XVI, § 1604, Nov. 5, 4804. Service of process. 1990, 104 Stat. 1737.) § 4805 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 230

§ 4805. Membership § 4809. Liability for acts of officers and agents (a) Subject to subsection (b) of this section, The corporation shall be liable for the acts of eligibility for membership in the corporation its officers and agents whenever such officer and and the rights and privileges of members of the agents have acted within the scope of their au- corporation shall be as provided in the constitu- thority. tion and bylaws of the corporation. (Pub. L. 101–510, div. A, title XVI, § 1609, Nov. 5, (b) Terms of membership and requirements for 1990, 104 Stat. 1737.) holding office within the corporation shall not discriminate on the basis of race, color, national § 4810. Books and records; inspection origin, sex, religion, or handicapped status. The corporation shall keep correct and com- (Pub. L. 101–510, div. A, title XVI, § 1605, Nov. 5, plete books and records of account and minutes 1990, 104 Stat. 1737.) of any proceeding of the corporation involving any of its members, the board of directors, or § 4806. Board of directors any committee having authority under the The composition of the board of directors of board of directors. The corporation shall keep, the corporation and the responsibilities of such at its principal office, a record of the names and board shall be as provided in the articles of in- addresses of all members having the right to corporation of the corporation and shall be in vote in any proceeding of the corporation. All conformity with the laws of the State or States books and records of such corporation may be in which it is incorporated. inspected by any member having the right to vote in any corporation proceeding, or by any (Pub. L. 101–510, div. A, title XVI, § 1606, Nov. 5, agent or attorney of such member, for any prop- 1990, 104 Stat. 1737.) er purpose at any reasonable time. Nothing in § 4807. Officers this section shall be construed to contravene any applicable State law. The positions of officers of the corporation (Pub. L. 101–510, div. A, title XVI, § 1610, Nov. 5, and the election of members to such positions 1990, 104 Stat. 1737.) shall be as provided in the articles of incorpora- tion of the corporation and shall be in conform- § 4811. Annual report ity 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. 101–510, div. A, title XVI, § 1607, Nov. 5, poration during the preceding fiscal year. Such 1990, 104 Stat. 1737.) annual report shall be submitted at the time as the report of the audit of the corporation re- § 4808. Restrictions quired by section 1102 of this title. The report (a) Distribution of income or assets to members shall not be printed as a public document. No part of the income or assets of the corpora- (Pub. L. 101–510, div. A, title XVI, § 1612, Nov. 5, tion may inure to the benefit of any member, of- 1990, 104 Stat. 1738.) ficer, or director of the corporation or be dis- tributed to any such individual during the life of § 4812. Reservation of right to amend or repeal this charter. Nothing in this subsection shall be chapter construed to prevent the payment of reasonable The right to amend, alter, or repeal this chap- compensation to the officers of the corporation ter is expressly reserved to the Congress. or reimbursement for actual and necessary ex- penses in amounts approved by the board of di- (Pub. L. 101–510, div. A, title XVI, § 1613, Nov. 5, rectors. 1990, 104 Stat. 1738.) (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 an organization exempt from taxation as pro- The corporation shall have no power to issue vided in title 26. any shares of stock nor to declare or pay any 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. If the corporation fails to comply with any of (Pub. L. 101–510, div. A, title XVI, § 1608, Nov. 5, the restrictions or provisions of this chapter, 1990, 104 Stat. 1737.) the charter granted by this chapter shall expire. Page 231 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 4906

(Pub. L. 101–510, div. A, title XVI, § 1616, Nov. 5, ceived shall be applied to the uses and benefits 1990, 104 Stat. 1738.) of the said corporation. CHAPTER 81—AMERICAN HOSPITAL OF (Jan. 30, 1913, ch. 21, § 3, 37 Stat. 654.) PARIS § 4904. Board of governors; principal office Sec. The direction and management of the affairs 4901. Corporation created. 4902. Powers of corporation. of the said corporation shall be vested in a board 4903. Design and purpose of corporation. of governors composed of not less than twelve 4904. Board of governors; principal office. members. The principal office of the corporation 4905. Composition of initial board. shall be located in the District of Columbia, but 4906. Completion of organization; officers; tenure. offices may be maintained and the meetings of 4907. Duties of board. the board of governors and committees held 4908. Quorum requirement. elsewhere. 4909. Duration of corporation. 4910. Reservation of right to amend or repeal chap- (Jan. 30, 1913, ch. 21, § 4, 37 Stat. 655; Apr. 12, 1974, ter. Pub. L. 93–266, § 1(a), 88 Stat. 85.) § 4901. Corporation created AMENDMENTS John H. Harjes, John J. Hoff, H. H. Harjes, 1974—Pub. L. 93–266 struck out ‘‘nor more than twen- ty’’ after ‘‘twelve’’. Henry Cachard, S. F. B. Biddle, W. S. Dalliba, Doctor Edmund L. Gros, Leopold Huffer, Doctor § 4905. Composition of initial board A. J. Magnin, Frank H. Mason, J. Pierpont Mor- gan, F. W. Sharon, H. A. van Bergen, Doctor The following persons shall, until the first an- Crosby Whitman, and such persons as shall or nual election, be held to constitute the first may hereafter associate with them and in such board of governors: John H. Harjes, John J. Hoff, manner and upon such terms as shall be speci- H. H. Harjes, Henry Cachard, S. F. B. Biddle, W. fied in the by-laws of this corporation, are here- S. Dalliba, Doctor Edmund L. Gros, L. Huffer, by ordained, constituted, and declared a body Doctor A. J. Magnin, Frank H. Mason, J. corporate in fact and in name in the District of Pierpont Morgan, F. W. Sharon, H. A. van Ber- Columbia, by the name and style of the Amer- gen, and Doctor Crosby Whitman. In case any of ican Hospital of Paris. the above-named persons shall decline to serve or be ineligible, the vacancy or vacancies may (Jan. 30, 1913, ch. 21, § 1, 37 Stat. 654.) be filled by the remaining governors, and any EFFECTIVE DATE governor shall be eligible for reelection. Section 11 of act Jan. 30, 1913 provided: ‘‘That this (Jan. 30, 1913, ch. 21, § 5, 37 Stat. 655.) Act [enacting this chapter] shall take effect imme- diately.’’ § 4906. Completion of organization; officers; ten- ure § 4902. Powers of corporation As soon as practicable after January 30, 1913, The said corporation is authorized to take by the said board shall organize and shall, by bal- purchase, gift, grant, devise, and bequest, and to lot, elect from the members of the board a presi- hold, mortgage, lease, transfer, and convey, for dent, a vice president, a secretary, and a treas- the purposes of the said corporation, any real urer, who shall hold their respective offices and personal property in the United States of until the annual meeting in the year nineteen America and in France as may be deemed nec- hundred and thirteen. At such meeting for orga- essary for the wants or development of the cor- nization the said board shall by lot divide into poration or any of them. three classes of equal numbers. The term of of- fice of the first class shall continue until the an- (Jan. 30, 1913, ch. 21, § 2, 37 Stat. 654; June 14, nual meeting in the year nineteen hundred and 1929, ch. 23, 46 Stat. 11; Oct. 1, 1965, Pub. L. fourteen; that of the second class until the an- 89–231, § 1, 79 Stat. 901.) nual 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’’. said corporation, at its annual meeting, to fill 1929—Act June 14, 1929 increased property limitation the same, who shall hold office for the term of in proviso from two million to eight million dollars. three years then next ensuing or until their suc- cessors shall be chosen. And at each succeeding § 4903. Design and purpose of corporation 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 (Jan. 30, 1913, ch. 21, § 6, 37 Stat. 655; Apr. 12, 1974, otherwise, medical and surgical aid and care to Pub. L. 93–266, § 1(b), 88 Stat. 85.) the citizens of the United States of America, and it shall be lawful for the said corporation to AMENDMENTS demand and receive a reasonable compensation 1974—Pub. L. 93–266 struck out ‘‘an equal number of’’ for such care, sustenance, professional treat- before ‘‘governors’’ in penultimate sentence and ‘‘mem- ment, and other services; and all moneys so re- bers’’ in last sentence. § 4907 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 232

§ 4907. Duties of board Sec. (d) Claim of approval or authorization. The said board of governors shall have power 5010. Liability for acts of officers and agents. to conduct and manage all the business and con- 5011. Books and records. 5012. Annual report. cerns of the said corporation; to fill, until the 5013. Reservation of right to amend or repeal chap- next annual election thereafter, any vacancy in ter. the board occasioned by death, resignation, or 5014. Tax-exempt status. otherwise; and to appoint such attending and 5015. Failure to comply with restrictions or provi- resident physicians and surgeons, agents, assist- sions. 5016. ‘‘State’’ defined. ants, and attendants as may be necessary, to fix their compensation, and to discharge them; to § 5001. Recognition as corporation and grant of make such by-laws as may be necessary and Federal charter proper and not contrary to law, relative to elec- The Military Order of the World Wars, a non- tions and meetings, the qualifications and du- profit corporation organized under the laws of ties of governors and officers, the admission and the District of Columbia, is recognized as such qualifications of members, the management and and is granted a Federal charter. disposition of the estate, business, and concerns of the said corporation, and to alter or to amend (Pub. L. 102–484, div. A, title XVIII, § 1801, Oct. the same. 23, 1992, 106 Stat. 2581.) (Jan. 30, 1913, ch. 21, § 7, 37 Stat. 655.) § 5002. Powers of corporation § 4908. Quorum requirement The Military Order of the World Wars (in this chapter referred to as the ‘‘corporation’’) shall Five governors shall be a quorum for the have only those powers granted to it through its transaction of all business, except the sale or bylaws and articles of incorporation filed in the alienation of any of the real or personal estate State in which it is incorporated and subject to of the said corporation, or the leasing of any the laws of such State. real estate thereof for a longer term than one year, for which purposes or any of them the con- (Pub. L. 102–484, div. A, title XVIII, § 1802, Oct. sent of a majority of the said board shall be nec- 23, 1992, 106 Stat. 2581.) essary. § 5003. Objects and purposes of corporation (Jan. 30, 1913, ch. 21, § 8, 37 Stat. 655.) The objects and purposes of the corporation are those provided in its bylaws and articles of § 4909. Duration of corporation incorporation and shall include the following: This charter shall continue in perpetuity. (1) Promoting military service associations. (2) Promoting patriotic education and mili- (Jan. 30, 1913, ch. 21, § 9, 37 Stat. 655; Sept. 19, tary, naval, and air science. 1962, Pub. L. 87–673, 76 Stat. 557; Oct. 1, 1965, Pub. (3) Defending the honor and integrity of the L. 89–231, § 2, 79 Stat. 901.) Federal Government and the Constitution. AMENDMENTS (4) Fostering fraternal relations among all branches of the Armed Forces. 1965—Pub. L. 89–231 struck out before period at end (5) Encouraging the adoption of a suitable ‘‘: Provided, That at no time shall said corporation hold policy of national security. real estate except for the necessary use of office and (6) Encouraging the commemoration of mili- hospital purposes of said hospital’’, and was executed by striking the quoted material which in the original tary service and the establishment of war me- contained the word ‘‘offices’’ rather than ‘‘office’’. morials. 1962—Pub. L. 87–673 substituted ‘‘in perpetuity’’ for (Pub. L. 102–484, div. A, title XVIII, § 1803, Oct. ‘‘for the term of fifty years’’. 23, 1992, 106 Stat. 2582.) § 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. Except as provided in section 5008 of this title, 5002. Powers of corporation. eligibility for membership in the corporation 5003. Objects and purposes of corporation. and the rights and privileges of members of the 5004. Service of process. 5005. Membership. corporation shall be as provided in the articles 5006. Board of directors. of incorporation and bylaws of the corporation. 5007. Officers. (Pub. L. 102–484, div. A, title XVIII, § 1805, Oct. 5008. Prohibition on discrimination. 23, 1992, 106 Stat. 2582.) 5009. Restrictions. (a) Distribution of income or assets to § 5006. Board of directors members. (b) Loans. Except as provided in section 5008 of this title, (c) Issuance of stock; dividends. the composition of the board of directors of the Page 233 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 5015 corporation and the responsibilities of such § 5011. Books and records board shall be as provided in the articles of in- The corporation shall keep correct and com- corporation of the corporation and in conform- plete books and records of account and minutes ity with the laws of the State in which it is in- of any proceeding of the corporation involving corporated. any of its members, the board of directors, or (Pub. L. 102–484, div. A, title XVIII, § 1806, Oct. any committee having authority under the 23, 1992, 106 Stat. 2582.) board of directors. The corporation shall keep, at its principal office, a record of the names and § 5007. Officers addresses of all members having the right to Except as provided in section 5008 of this title, vote in any proceeding of the corporation. All the positions of officers of the corporation and books and records of such corporation may be the election of members to such positions shall inspected by any member having the right to be as provided in the articles of incorporation of vote in any corporation proceeding, or by any the corporation and in conformity with the laws agent or attorney of such member, for any prop- of the State in which it is incorporated. er purpose at any reasonable time. Nothing in this section shall be construed to contravene (Pub. L. 102–484, div. A, title XVIII, § 1807, Oct. any applicable State law. 23, 1992, 106 Stat. 2582.) (Pub. L. 102–484, div. A, title XVIII, § 1811, Oct. § 5008. Prohibition on discrimination 23, 1992, 106 Stat. 2583.) In establishing the conditions of membership § 5012. Annual report in the corporation and in determining the re- quirements for serving on the board of directors The corporation shall report annually to the or as an officer of the corporation, the corpora- Congress concerning the activities of the cor- tion may not discriminate on the basis of race, poration during the preceding fiscal year. Such color, religion, sex, handicap, age, or national annual report shall be submitted at the same origin. time as the report of the audit required by sec- tion 1102 of this title. The report shall not be (Pub. L. 102–484, div. A, title XVIII, § 1808, Oct. printed as a public document. 23, 1992, 106 Stat. 2582.) (Pub. L. 102–484, div. A, title XVIII, § 1813, Oct. SECTION REFERRED TO IN OTHER SECTIONS 23, 1992, 106 Stat. 2583.) This section is referred to in sections 5005, 5006, 5007 of this title. § 5013. Reservation of right to amend or repeal chapter § 5009. Restrictions The right to alter, amend, or repeal this chap- (a) Distribution of income or assets to members ter is expressly reserved to the Congress. No part of the income or assets of the corpora- (Pub. L. 102–484, div. A, title XVIII, § 1814, Oct. tion may inure to the benefit of any member, of- 23, 1992, 106 Stat. 2583; amended Pub. L. 103–35, ficer, or director of the corporation or be dis- title II, § 202(a)(13), May 31, 1993, 107 Stat. 101.) tributed to any such individual during the life of this charter. Nothing in this subsection shall be AMENDMENTS construed to prevent the payment of reasonable 1993—Pub. L. 103–35 made technical amendment to compensation to the officers of the corporation reference to this chapter to reflect correction of cor- or reimbursement for actual necessary expenses responding provision of original act. in amounts approved by the board of directors. EFFECTIVE DATE OF 1993 AMENDMENT (b) Loans Amendment by Pub. L. 103–35 applicable as if in- The corporation may not make any loan to cluded in the enactment of Pub. L. 102–484, see section any officer, director, or employee of the corpora- 202(b) of Pub. L. 103–35, set out as a note under section tion. 155 of Title 10, Armed Forces. (c) Issuance of stock; dividends § 5014. Tax-exempt status The corporation shall have no power to issue The corporation shall maintain its status as any shares of stock or 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 by this The corporation shall not claim congressional chapter shall expire. approval or the authorization of the Federal (Pub. L. 102–484, div. A, title XVIII, § 1815, Oct. Government for any of its activities by virtue of 23, 1992, 106 Stat. 2583.) this chapter. § 5015. Failure to comply with restrictions or pro- (Pub. L. 102–484, div. A, title XVIII, § 1809, Oct. visions 23, 1992, 106 Stat. 2582.) The charter granted by this chapter shall ex- § 5010. Liability for acts of officers and agents pire if the corporation fails to comply with— The corporation shall be liable for the acts of (1) any restriction or other provision of this its officers and agents whenever such officers chapter; (2) any provision of its bylaws or articles of and agents have acted within the scope of their incorporation; or authority. (3) any provision of the laws of the District (Pub. L. 102–484, div. A, title XVIII, § 1810, Oct. of Columbia that apply to corporations such as 23, 1992, 106 Stat. 2583.) the corporation recognized under this chapter. § 5016 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 234

(Pub. L. 102–484, div. A, title XVIII, § 1816, Oct. (3) Assisting veterans and their dependents 23, 1992, 106 Stat. 2583.) and survivors through a service program es- tablished for that purpose. § 5016. ‘‘State’’ defined (4) Improving conditions for retired enlisted For purposes of this chapter, the term ‘‘State’’ service members, veterans, and their depend- includes the District of Columbia, the Common- ents and survivors. wealth of Puerto Rico, the Commonwealth of (5) Fostering fraternal and social activities the Northern Mariana Islands, and the terri- among its members in recognition that coop- tories and possessions of the United States. erative action is required for the furtherance of their common interests. (Pub. L. 102–484, div. A, title XVIII, § 1817, Oct. 23, 1992, 106 Stat. 2584.) (Pub. L. 102–484, div. A, title XVIII, § 1823, Oct. 23, 1992, 106 Stat. 2584.) CHAPTER 83—RETIRED ENLISTED ASSOCIATION, INCORPORATED § 5104. Service of process

Sec. With respect to service of process, the corpora- 5101. Recognition as corporation and grant of Fed- tion shall comply with the laws of the State in eral charter. which it is incorporated and those States in 5102. Powers of corporation. which it carries on its activities in furtherance 5103. Objects and purposes of corporation. of its corporate purposes. 5104. Service of process. 5105. Membership. (Pub. L. 102–484, div. A, title XVIII, § 1824, Oct. 5106. Board of directors. 23, 1992, 106 Stat. 2584.) 5107. Officers. 5108. Prohibition on discrimination. § 5105. Membership 5109. Restrictions. (a) Distribution of income or assets to Except as provided in section 5108 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 articles (d) Claim of approval or authorization. of incorporation and bylaws of the corporation. 5110. Liability for acts of officers and agents. 5111. Books and records. (Pub. L. 102–484, div. A, title XVIII, § 1825, Oct. 5112. Annual report. 23, 1992, 106 Stat. 2584.) 5113. Reservation of right to amend or repeal chap- ter. § 5106. Board of directors 5114. Tax-exempt status. 5115. Exclusive right to names, seals, emblems, and Except as provided in section 5108 of this title, badges. the composition of the board of directors of the 5116. Failure to comply with restrictions or provi- corporation and the responsibilities of such sions. board shall be as provided in the articles of in- 5117. ‘‘State’’ defined. corporation of the corporation and in conform- ity with the laws of the State in which it is in- § 5101. Recognition as corporation and grant of corporated. Federal charter (Pub. L. 102–484, div. A, title XVIII, § 1826, Oct. The Retired Enlisted Association, Incor- 23, 1992, 106 Stat. 2584.) porated, a nonprofit corporation organized 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 incorpo- ration 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, The objects and purposes of the corporation color, religion, sex, handicap, age or national or- are those provided in its bylaws and articles of igin. 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- arship among its members and their depend- AMENDMENTS ents and survivors through benevolent pro- 1993—Pub. L. 103–160 substituted ‘‘board of directors’’ grams. for ‘‘board of the directors’’. Page 235 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 5117

SECTION REFERRED TO IN OTHER SECTIONS (Pub. L. 102–484, div. A, title XVIII, § 1833, Oct. This section is referred to in sections 5105, 5106, 5107 23, 1992, 106 Stat. 2586.) of this title. § 5113. Reservation of right to amend or repeal § 5109. Restrictions chapter (a) Distribution of income or assets to members The right to alter, amend, or repeal this chap- No part of the income or assets of the corpora- ter is expressly reserved to the Congress. tion may inure to the benefit of any member, of- (Pub. L. 102–484, div. A, title XVIII, § 1834, Oct. ficer, or director of the corporation or be dis- 23, 1992, 106 Stat. 2586; Pub. L. 103–35, title II, tributed to any such individual during the life of § 202(a)(13), May 31, 1993, 107 Stat. 101.) this charter. Nothing in this subsection shall be construed to prevent the payment of reasonable AMENDMENTS compensation to the officers of the corporation 1993—Pub. L. 103–35 made technical amendment to or reimbursement for actual necessary expenses reference to this chapter to reflect correction of cor- in amounts approved by the board of directors. responding provision of original act.

(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 (c) Issuance of stock; dividends 155 of Title 10, Armed Forces. The corporation shall have no power to issue § 5114. Tax-exempt status any shares of stock nor to declare or pay any dividends. The corporation shall maintain its status as 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 this chapter. (Pub. L. 102–484, div. A, title XVIII, § 1835, Oct. 23, 1992, 106 Stat. 2586.) (Pub. L. 102–484, div. A, title XVIII, § 1829, Oct. 23, 1992, 106 Stat. 2585.) § 5115. Exclusive right to names, seals, emblems, and badges § 5110. Liability for acts of officers and agents The corporation shall have the sole and exclu- The corporation shall be liable for the acts of sive right to use the names ‘‘The Retired En- its officers and agents whenever such officers listed Association, Incorporated’’, ‘‘The Retired and agents have acted within the scope of their Enlisted Association’’, ‘‘Retired Enlisted Asso- authority. ciation’’, and ‘‘TREA’’, and such seals, emblems, (Pub. L. 102–484, div. A, title XVIII, § 1830, Oct. and badges as the corporation may lawfully 23, 1992, 106 Stat. 2585.) adopt. Nothing in this section may be construed to conflict or interfere with rights that are es- § 5111. Books and records tablished or vested before October 23, 1992. The corporation shall keep correct and com- (Pub. L. 102–484, div. A, title XVIII, § 1836, Oct. plete books and records of account and minutes 23, 1992, 106 Stat. 2586.) of any proceeding of the corporation involving any of its members, the board of directors, or § 5116. Failure to comply with restrictions or pro- any committee having authority under the visions 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 books and records of such corporation may be (Pub. L. 102–484, div. A, title XVIII, § 1837, Oct. inspected by any member having the right to 23, 1992, 106 Stat. 2586.) vote in any corporation proceeding, or by any agent or attorney of such member, for any prop- § 5117. ‘‘State’’ defined er purpose at any reasonable time. Nothing in For purposes of this chapter, the term ‘‘State’’ this section shall be construed to contravene includes the District of Columbia, the Common- any applicable State law. wealth of Puerto Rico, the Commonwealth of (Pub. L. 102–484, div. A, title XVIII, § 1831, Oct. the Northern Mariana Islands, and the terri- 23, 1992, 106 Stat. 2585.) tories and possessions of the United States. § 5112. Annual report (Pub. L. 102–484, div. A, title XVIII, § 1838, Oct. 23, 1992, 106 Stat. 2586.) The corporation shall report annually to the Congress concerning the activities of the cor- CHAPTER 84—NATIONAL FALLEN poration during the preceding fiscal year. Such FIREFIGHTERS FOUNDATION annual report shall be submitted at the same Sec. time as the report of the audit required by sec- 5201. Establishment and purposes of Foundation. tion 1102 of this title. The report shall not be (a) Establishment. printed as a public document. (b) Purposes. § 5201 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 236

Sec. (A) one member shall be an active volun- 5202. Board of Directors. teer firefighter; (a) Establishment and membership. (B) one member shall be an active career (b) Appointment and terms. (c) Vacancy. firefighter; (d) Chairman. (C) one member shall be a Federal fire- (e) Quorum. fighter; and (f) Meetings. (D) six members shall have a demonstrated (g) General powers. interest in the fire service. (h) Officers and employees. 5203. Rights and obligations of Foundation. (2) Nonvoting member (a) In general. The Administrator of the United States Fire (b) Seal. Administration of the Federal Emergency (c) Powers. Management Agency (hereafter in this chapter 5204. Administrative services and support. referred to as the ‘‘Administrator’’) shall be an 5205. Volunteer status. 5206. Audits, report requirements, and petition of ex officio nonvoting member of the Board. Attorney General for equitable relief. (3) Status of Board members (a) Audits. Appointment to the Board shall not con- (b) Report. (c) Relief for certain Foundation acts or stitute employment by, or the holding of an failures to act. office of, the United States for the purposes of 5207. Immunity of United States. any Federal law. (4) Compensation § 5201. Establishment and purposes of Founda- tion Members of the Board shall serve without compensation. (a) Establishment (b) Appointment and terms There is established the National Fallen Fire- fighters Foundation (hereafter in this chapter Within 3 months after October 26, 1992, the Ad- referred to as the ‘‘Foundation’’). The Founda- ministrator shall appoint the voting members of tion is a charitable and nonprofit corporation to the Board. The voting members shall be ap- be organized under the laws of the State of pointed for terms of 6 years, except that the Ad- Maryland and is not an agency or establishment ministrator, in making the initial appointments of the United States. to the Board, shall appoint— (1) three members to a term of 2 years; (b) Purposes (2) three members to a term of 4 years; and The purposes of the Foundation are— (3) three members to a term of 6 years. (1) primarily to encourage, accept, and ad- (c) Vacancy minister private gifts of property for the bene- fit of the National Fallen Firefighters’ Memo- A vacancy on the Board shall be filled within rial and the annual memorial service associ- 60 days in the manner in which the original ap- ated with it; pointment was made. (2) to provide financial assistance to families (d) Chairman of fallen firefighters for transportation to and The Chairman shall be elected by the Board lodging at non-Federal facilities during the from its voting members for a 2-year term. annual memorial service; (3) to assist State and local efforts to recog- (e) Quorum nize firefighters who die in the line of duty; A majority of the current membership of the and Board shall constitute a quorum for the trans- (4) to provide scholarships and other finan- action of business. cial assistance for educational purposes and (f) Meetings job training for the spouses and children of fallen firefighters. The Board shall meet at the call of the Chair- man at least once a year. If a member of the (Pub. L. 102–522, title II, § 202, Oct. 26, 1992, 106 Board misses three consecutive meetings, that Stat. 3417.) individual may be removed from the Board and SHORT TITLE that vacancy filled in accordance with sub- section (c) of this section. Section 201 of title II of Pub. L. 102–522 provided that: ‘‘This title [enacting this chapter and section 671a of (g) General powers Title 29, Labor] may be cited as the ‘National Fallen (1) Actions by the Board Firefighters Foundation Act’.’’ The Board may complete the organization of SECTION REFERRED TO IN OTHER SECTIONS the Foundation by— This section is referred to in sections 5203, 5206 of this (A) appointing no more than two officers title. or employees; (B) adopting a constitution and bylaws § 5202. Board of Directors consistent with this chapter; and (a) Establishment and membership (C) undertaking other such acts as may be (1) Voting members necessary to carry out this chapter. The Foundation shall have a governing (2) Limitation Board of Directors (hereafter in this chapter Officers and employees may not be ap- referred to as the ‘‘Board’’), which shall con- pointed until the Foundation has sufficient sist of nine voting members, of whom— funds to pay for their services. Page 237 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 5206

(h) Officers and employees (Pub. L. 102–522, title II, § 204, Oct. 26, 1992, 106 (1) Status Stat. 3419.) Officers and employees of the Foundation § 5204. Administrative services and support shall not be considered Federal employees, shall be appointed without regard to title 5 The Administrator may provide personnel, fa- governing appointments in the competitive cilities, and other administrative services to the service, and may be paid without regard to Foundation and shall require and accept reim- chapter 51 and subchapter III of chapter 53 of bursements for such personnel, facilities, and such title relating to classification and Gen- services that shall be deposited in the Treasury eral Schedule pay rates. to the credit of the appropriations then current and chargeable for the cost of providing such (2) Maximum salary services. Notwithstanding any other provision of No officer or employee may receive pay in law, Federal personnel and stationery shall not excess of the annual rate of basic pay pre- be used to solicit funding for the Foundation. scribed for level GS–15 of the General Schedule under section 5107 of title 5. (Pub. L. 102–522, title II, § 205, Oct. 26, 1992, 106 Stat. 3419.) (Pub. L. 102–522, title II, § 203, Oct. 26, 1992, 106 Stat. 3417.) § 5205. Volunteer status

REFERENCES IN TEXT The Administrator may accept, without re- The provisions of title 5 governing appointments in gard to the Federal civil service classification the competitive service, referred to in subsec. (h)(1), laws, rules, or regulations, the services of the are classified generally to section 3301 et seq. of Title Foundation, the Board, and the officers and em- 5, Government Organization and Employees. ployees of the Board, without compensation from the United States Fire Administration, as § 5203. Rights and obligations of Foundation volunteers in the performance of the functions (a) In general authorized under this chapter. The Foundation— (Pub. L. 102–522, title II, § 206, Oct. 26, 1992, 106 (1) shall have perpetual succession; Stat. 3419.) (2) may conduct business throughout the several States, territories, and possessions of REFERENCES IN TEXT the United States; The Federal civil service classification laws, referred (3) shall have its principal offices in the to in text, probably should refer to civil service and State of Maryland; and classification laws. The civil service laws are set forth (4) shall at all times maintain a designated in Title 5, Government Organization and Employees. See, particularly, section 3301 et seq. of Title 5. The agent authorized to accept service of process classification laws are set forth in chapter 51 and sub- for the Foundation. chapter III of chapter 53 of Title 5. (b) Seal § 5206. Audits, report requirements, and petition The Foundation shall have an official seal se- of Attorney General for equitable relief lected by the Board which shall be judicially no- ticed. (a) Audits (c) Powers For purposes of the Act entitled ‘‘An Act to To carry out its purposes under section 5201 of provide for audit of accounts of private corpora- this title, the Foundation shall have, in addition tions established under Federal law’’, approved to the powers otherwise given it under this August 30, 1964 (36 U.S.C. 1101 et seq.), the Foun- chapter, the usual powers of a corporation act- dation shall be treated as a private corporation ing as a trustee in the State of Maryland, in- established under Federal law. cluding the power— (b) Report (1) to accept, receive, solicit, hold, admin- The Foundation shall, within 4 months after ister, and use any gift, devise, or bequest, ei- the end of each fiscal year, prepare and submit ther absolutely or in trust, of real or personal to the appropriate committees of the Congress a property or any income therefrom or other in- report of the Foundation’s proceedings and ac- terest therein; tivities during such year, including a full and (2) to sue and be sued, and complain and de- complete statement of its receipts, expendi- fend itself in any court of competent jurisdic- tures, and investments. tion, except that the members of the Board (c) Relief for certain Foundation acts or failures shall not be personally liable, except for gross to act negligence; (3) unless otherwise required by the instru- If the Foundation— ment of transfer, to sell, donate, lease, invest, (1) engages in, or threatens to engage in, any or otherwise dispose of any property or income act, practice, or policy that is inconsistent therefrom; with the purposes set forth in section 5201(b) of (4) to enter into contracts and other ar- this title; or rangements with public agencies and private (2) refuses, fails, or neglects to discharge its organizations and persons and to make such obligations under this chapter, or threatens to payments as may be necessary to carry out its do so, functions; and the Attorney General may petition in the (5) to do any and all acts necessary and prop- United States District Court for the District of er to carry out the purposes of the Founda- Columbia for such equitable relief as may be tion. necessary or appropriate. § 5207 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 238

(Pub. L. 102–522, title II, § 207, Oct. 26, 1992, 106 Mary H. Hunt, Henry T. Bailey, of Massachu- Stat. 3420.) setts; Hugh A. Graham, Charles G. White, Wil- liam H. Elson, of Michigan; William F. Phelps, REFERENCES IN TEXT Irwin Shepard, John A. Cranston, of Minnesota; The Act entitled ‘‘An Act to provide for audit of ac- Robert B. Fulton, of Mississippi; F. Louis Sol- counts of private corporations established under Fed- dan, James M. Greenwood, William J. Hawkins, eral law’’, referred to in subsec. (a), is Pub. L. 88–504, of Missouri; Oscar J. Craig, of Montana; George Aug. 30, 1964, 78 Stat. 635, as amended, which is classi- fied principally to chapter 42 (§ 1101 et seq.) of this title. L. Towne, of Nebraska; Joseph E. Stubbs, of Ne- For complete classification of this Act to the Code, see vada; James E. Klock, of New Hampshire; James Tables. M. Green, John Enright, of New Jersey; Charles M. Light, of New Mexico; James H. Canfield, § 5207. Immunity of United States Nicholas Murray Butler, William H. Maxwell, Charles R. Skinner, Albert P. Marble, James C. The United States shall not be liable for any Byrnes, of New York; James Y. Joyner, Julius debts, defaults, acts, or omissions of the Foun- Isaac Foust, of North Carolina; Pitt Gordon dation nor shall the full faith and credit of the Knowlton, of North Dakota; Oscar T. Corson, United States extend to any obligation of the Jacob A. Shawan, Wells L. Griswold, of Ohio; Foundation. Edgar S. Vaught, Andrew R. Hickam, of Okla- (Pub. L. 102–522, title II, § 208, Oct. 26, 1992, 106 homa; Charles Carroll Stratton, Edwin D. Stat. 3420.) Ressler, of Oregon; Thomas W. Bicknell, Walter Ballou Jacobs, of Rhode Island; David B. John- CHAPTER 85—NATIONAL EDUCATION son, Robert P. Pell, of South Carolina; Moritz ASSOCIATION OF THE UNITED STATES Adelbert Lange, of South Dakota; Eugene F. Sec. Turner, of Tennessee; Lloyd E. Wolfe, of Texas; 5301. Corporation created. David H. Christensen, of Utah; Henry O. Wheel- 5302. Purpose and object of corporation. er, Isaac Thomas, of Vermont; Joseph L. 5303. Powers of corporation. Jarman, of Virginia; Edward T. Mathes, of 5304. Tax-exempt status. Washington; T. Marcellus Marshall, Lucy Robin- 5305. Membership. son, of West Virginia; Lorenzo D. Harvey, of 5306. Officers. 5307. Permanent Fund of the National Education Wisconsin; Thomas T. Tynan, of Wyoming; Cas- Association. sia Patton, of Alaska; Frank H. Ball, of Porto (a) Establishment; spending or transfer Rico; Arthur F. Griffiths, of Hawaii; C. H. limitations. Maxson, of the Philippine Islands, and such (b) Use of income. other persons as now are or may hereafter be (c) Secretary of Association. associted with them as officers or members of 5308. Principal office. said association, are hereby incorporated and 5309. Charter. declared to be a body corporate of the District of 5310. Rights of creditors. 5311. Reservation of right to amend or repeal chap- Columbia by the name of the ‘‘National Edu- ter. cation Association of the United States,’’ and by that name shall be known and have perpetual § 5301. Corporation created succession with the powers, limitations, and re- strictions herein contained. The following-named persons, who are now the officers and directors and trustees of the Na- (June 30, 1906, ch. 3929, § 1, 34 Stat. 804.) tional Educational Association, a corporation § 5302. Purpose and object of corporation organized in the year eighteen hundred and eighty-six, under the Act of general incorpora- The purpose and object of the said corporation tion of the revised statutes of the District of Co- shall be to elevate the character and advance lumbia, namely: Nathan C. Schaeffer, Eliphalet the interests of the profession of teaching, and Oram Lyte, John W. Lansinger, of Pennsylvania; to promote the cause of education in the United Isaac W. Hill, of Alabama; Arthur J. Matthews, States. This corporation shall include the Na- of Arizona; John H. Hinemon, George B. Cook, of tional Council of Education and the following Arkansas; Joseph O’Connor, Josiah L. Pickard, departments, and such others as may hereafter Arthur H. Chamberlain, of California; Aaron be created by organization or consolidation, to Gove, Ezekiel H. Cook, Lewis C. Greenlee, of wit: The departments, first, of superintendence; Colorado; Charles H. Keyes, of Connecticut; second, of normal schools; third, of elementary George W. Twitmyer, of Delaware; J. Ormond education; fourth, of higher education; fifth, of Wilson, William T. Harris, Alexander T. Stuart, manual training; sixth, of art education; sev- of the District of Columbia; Clem Hampton, of enth, of kindergarten education; eighth, of Florida; William M. Slaton, of Georgia; Frances music education; ninth, of secondary education; Mann, of Idaho; J. Stanley Brown, Albert G. tenth, of business education; eleventh, of child Lane, Charles I. Parker, John W. Cook, Joshua study; twelfth, of physical education; thir- Pike, Albert R. Taylor, Joseph A. Mercer, of Illi- teenth, of natural science instruction; four- nois; Nebraska Cropsey, Thomas A. Mott, of In- teenth, of school administration; fifteenth, the diana; John D. Benedict, of Indian Territory; library department; sixteenth, of special edu- John F. Riggs, Ashley V. Storm, of Iowa; John cation; seventeenth, of Indian education; the W. Spindler, Jasper N. Wilkinson, A. V. Jewett, powers and duties and the number and names of Luther D. Whittemore, of Kansas; William these departments and of the National Council Henry Bartholomew, of Kentucky; Warren Eas- of Education may be changed or abolished at the ton, of Louisiana; John S. Locke, of Maine; M. pleasure of the corporation as provided in its by- Bates Stephens, of Maryland; Charles W. Eliot, laws. Page 239 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 5307

(June 30, 1906, ch. 3929, § 2, 34 Stat. 805.) § 5305. Membership § 5303. Powers of corporation The qualifications, classifications, rights, and obligations of members of said corporation shall The said corporation shall further have power be prescribed in the bylaws of the corporation. to have and to use a common seal, and to alter and change the same at its pleasure; to sue or to (June 30, 1906, ch. 3929, § 5, 34 Stat. 805; June 14, be sued in any court of the United States, or 1937, ch. 336, § 1, 50 Stat. 257.) other court of competent jurisdiction; to make AMENDMENTS bylaws not inconsistent with the provisions of this chapter or of the Constitution of the United 1937—Act June 14, 1937 amended section generally. States; to take or receive, whether by gift, Prior to amendment, section read as follows: ‘‘The grant, devise, bequest, or purchase, any real or membership of the said corporation shall consist of three classes of members, namely, active, associate, personal estate, and to hold, grant, transfer, and corresponding, whose qualifications, terms of mem- sell, convey, hire, or lease the same for the pur- bership, rights, and obligations shall be prescribed by pose of its incorporation; to accept and admin- the by-laws of the corporation.’’ ister any trust of real or personal estate for any educational purpose within the objects of the § 5306. Officers corporation; and to borrow money for its cor- (a) The officers of the corporation shall be a porate purposes, issue bonds therefor, and secure president, one or more vice presidents, a sec- the same by mortgage, deed of trust, pledge, or retary, a treasurer, a board of directors, an exec- otherwise. utive committee, and such boards, councils, (June 30, 1906, ch. 3929, § 3, 34 Stat. 805; June 30, committees, and other officers as shall be pre- 1969, Pub. L. 91–37, § 1[(a)], 83 Stat. 42.) scribed in the bylaws. AMENDMENTS (b) Except as limited by this chapter, the by- laws of the corporation shall prescribe the pow- 1969—Pub. L. 91–37 amended section generally. Prior to amendment, section read as follows: ‘‘The said cor- ers, duties, terms of office, and the manner of poration shall further have power to have and to use a election or appointment of the said officers, common seal, and to alter and change the same at its boards, councils, and committees; and the said pleasure, to sue or to be sued in any court of the United corporation may by its bylaws make other and States, or other court of competent jurisdiction; to different provisions as to the numbers and make by-laws not inconsistent with the provisions of names of the officers, boards, councils, and com- this chapter or of the Constitution of the United mittees. States; to take or receive, whether by gift, grant, de- vise, bequest, or purchase, any real or personal estate, (June 30, 1906, ch. 3929, § 6, 34 Stat. 805; June 14, and to hold, grant, convey, hire, or lease the same for 1937, ch. 336, § 2, 50 Stat. 257; June 30, 1969, Pub. the purposes of its incorporation, and to accept and ad- L. 91–37, § 1(b), 83 Stat. 43.) minister any trust of real or personal estate for any educational purpose within the objects of the corpora- AMENDMENTS tion.’’ 1969—Subsec. (a). Pub. L. 91–37, which directed the § 5304. Tax-exempt status amendment of subsec. (a) by striking out ‘‘a Board of Trustees,’’, was executed by striking ‘‘a board of trust- All real property of the corporation within the ees,’’ after ‘‘executive committee,’’ to reflect the prob- District of Columbia, which shall be used by the able intent of Congress. corporation for the educational or other pur- 1937—Act June 14, 1937, amended section generally, poses of the corporation as aforesaid, other than substituting provisions authorizing corporation offi- the purposes of producing income, and all per- cers, boards, councils, and committees, and directing sonal property and funds of the corporation that corporation bylaws prescribe their powers, duties, terms of office, and manner of election or appointment, held, used, or invested for educational purposes for provisions delineating officers of corporation and aforesaid, or to produce income to be used for providing further detail into composition and method such purposes, shall be exempt from taxation: of electing or appointing a board of directors, an execu- Provided, however, That this exemption shall not tive committee, and a board of trustees. apply to any property of the corporation which shall not be used for or the income of which § 5307. Permanent Fund of the National Edu- shall not be applied to the educational purposes cation Association of the corporation: And provided further, That (a) Establishment; spending or transfer limita- the corporation shall annually file with the Sec- tions retary of Education a report in writing stating The invested fund now known as the ‘‘Perma- in detail the property, real and personal, held by nent Fund of the National Education Associa- the corporation, and the expenditure or other tion,’’ shall be held in such corporation as a Per- use or disposition of the same, or the income manent Fund and shall be in charge of the Exec- thereof, during the preceding year. utive Committee, which shall provide for the (June 30, 1906, ch. 3929, § 4, 34 Stat. 805; Pub. L. safekeeping and investment of such fund, and of 96–88, title III, § 301(a)(1), title V, § 507, Oct. 17, all other funds which the corporation may re- 1979, 93 Stat. 677, 692.) ceive by donation, bequest, or devise. No part of TRANSFER OF FUNCTIONS the principal of such Permanent Fund or its ac- cretions shall be expended or transferred to the ‘‘Secretary of Education’’ substituted for ‘‘Commis- General Fund, except by a two-thirds vote of the sioner of Education of the United States’’ pursuant to sections 301(a)(1) and 507 of Pub. L. 96–88, which are Representative Assembly, after the proposed ex- classified to sections 3441(a)(1) and 3507 of Title 20, Edu- penditure or transfer has been approved by the cation, and which transferred all functions of Commis- Executive Committee and the Board of Direc- sioner of Education to Secretary of Education. tors, and after printed notice of the proposed ex- § 5308 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 240 penditure or transfer has been printed in the § 5309. Charter Journal of the National Education Association The charter, constitution, and by-laws of the at least two months prior to the meeting of the National Educational Association shall continue Representative Assembly. in full force and effect until the charter granted (b) Use of income by this chapter shall be accepted by such asso- The income of the Permanent Fund shall be ciation at the next annual meeting of the asso- used only to meet the cost of maintaining the ciation, and until new by-laws shall be adopted, organization of the Association and of publish- and the present officers, directors, and trustees ing its annual volume of Proceedings, unless the of said association shall continue to hold office terms of the donation, bequest, or devise shall and perform their respective duties as such until otherwise specify or the bylaws of the corpora- the expiration of the terms for which they were tion shall otherwise provide. severally elected or appointed, and until their (c) Secretary of Association successors are elected. At such annual meeting the active members of the National Educational The Executive Committee shall elect the sec- Association then present may organize and pro- retary of the Association, who shall be secretary ceed to accept the charter granted by this chap- of the Executive Committee, and shall fix the ter and adopt by-laws, to elect officers to suc- compensation and the term of his office for a pe- ceed those whose terms have expired or are riod not to exceed four years. about to expire, and generally to organize the (June 30, 1906, ch. 3929, § 7, 34 Stat. 806; June 14, ‘‘National Education Association of the United 1937, ch. 336, § 3, 50 Stat. 257; June 30, 1969, Pub. States,’’ and the board of trustees of the cor- L. 91–37, § 1(c), 83 Stat. 43.) poration hereby incorporated shall thereupon, if the charter granted by this chapter be accepted, AMENDMENTS receive, take over, and enter into possession, 1969—Pub. L. 91–37 amended section generally, redes- custody, and management of all property, real ignating subsecs. (b), (c), and (d) as (a), (b), and (c), re- and personal, of the corporation heretofore spectively, and making the Executive Committee, rath- known as the National Educational Association, er than the board of trustees, in charge of the perma- nent fund, and striking out former subsec. (a) which incorporated as aforesaid under the Revised made provision for the election and operation of the Statutes of the District of Columbia, and all its board of trustees to oversee the investment and safe- rights, contracts, claims, and property of every keeping of the fund. kind and nature whatsoever; and the several of- 1937—Act June 14, 1937, amended section generally. ficers, directors, and trustees of such last-named Prior to amendment, section provided for establish- association, or any other person having charge ment of a permanent fund, as well as spending limita- of any of the securities, funds, books, or prop- tions and procedures, use of fund income, payment of erty thereof, real or personal, shall on demand bills, and investment of surplus, as well as for the elec- tion of a secretary of the association and executive deliver the same to the proper officers, direc- committee by the board of trustees. tors, or trustees of the corporation hereby cre- ated: Provided, That a verified certificate exe- TERMINATION OF SECTION cuted by the presiding officer and secretary of Section 2 of Pub. L. 91–37 provided that: ‘‘Upon the such annual meeting, showing the acceptance of adoption by the Representative Assembly of the Na- the charter granted by this chapter by the Na- tional Education Association of amended bylaws to tional Educational Association shall be legal provide for the administration of the property of the evidence of the fact, when filed with the re- corporation and for the selection of the secretary of the And Association, section 7 of the Act June 30, 1906 (34 Stat. corder of deeds of the District of Columbia: 804) [this section], shall be of no further force and ef- provided further, That in the event of the failure fect.’’ [At its Annual Meeting convened on July 1, 1968, of the association to accept the charter granted the National Education Association adopted a bylaw by this chapter at said annual meeting, then the amendment transferring the duties of the Board of charter of the National Educational Association Trustees, including responsibility for the Permanent and its corporate existence shall be, and are Fund and selection of the Secretary, to the Executive hereby, extended until the thirty-first day of Committee.] July, nineteen hundred and eight, and at any § 5308. Principal office time before said date its charter may be ex- tended in the manner and form provided by the The principal office of the said corporation general corporation law of the District of Co- shall be in the city of Washington, District of lumbia. Columbia: Provided, That the meetings of the corporation, its officers, committees, and de- (June 30, 1906, ch. 3929, § 9, 34 Stat. 807.) partments, may be held, and that its business § 5310. Rights of creditors may be transacted and an office or offices may be maintained elsewhere within the United The rights of creditors of the said existing cor- States, as may be determined, in accordance poration, known as the National Educational with the by-laws. Association, shall not in any manner be im- paired by the passage of this chapter, or the (June 30, 1906, ch. 3929, § 8, 34 Stat. 807; June 14, transfer of the property heretofore mentioned, 1937, ch. 336, § 4, 50 Stat. 258.) nor shall any liability or obligation, or the pay- AMENDMENTS ment of any sum due or to become due, or any claim or demand, in any manner, or for any 1937—Act June 14, 1937, which directed the amend- ment of this section by striking out ‘‘by the Board of cause existing against the said existing corpora- Directors, or otherwise’’, was executed by striking ‘‘by tion, be released or impaired; and the corpora- the board of directors, or otherwise’’ after ‘‘as may be tion hereby incorporated is declared to succeed determined’’, to reflect the probable intent of Congress. to the obligations and liabilities, and to be held Page 241 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 5402 liable to pay and discharge all of the debts, li- the florist industry in the subjects of, and for abilities, and contracts of the said corporation the scientific development of, floriculture and so existing, to the same effect as if such new horticulture in all their branches. Said corpora- corporation had itself incurred the obligation or tion is authorized to adopt a constitution and to liability to pay such debt or damages, and no ac- make bylaws not inconsistent with law, to hold tion or proceeding before any court or tribunal real and personal estate in the District of Co- shall be deemed to have abated or been discon- lumbia and elsewhere, so far only as may be nec- tinued by reason of this chapter. essary to its lawful ends, to an amount not ex- ceeding $1,000,000, and such other estate as may (June 30, 1906, ch. 3929, § 10, 34 Stat. 807.) be donated or bequeathed in any State or Terri- § 5311. Reservation of right to amend or repeal tory: Provided, That all property so held, and the chapter proceeds thereof, shall be held and used solely for the purposes set forth in this chapter. Said Congress may from time to time alter, repeal, corporation shall operate without profit and any or modify this chapter, but no contract or indi- earnings and/or surplus funds that may be cre- vidual right made or acquired shall thereby be ated through any of its educational or scientific divested or impaired. activities shall be available only for the further (June 30, 1906, ch. 3929, § 11, 34 Stat. 808.) accomplishment of the corporation’s stated pur- poses. The principal office of the corporation CHAPTER 86—SOCIETY OF AMERICAN FLO- shall be located within the District of Columbia, RISTS AND ORNAMENTAL HORTICULTUR- but the annual meetings may be held in such ISTS other places as the incorporators or their suc- cessors shall determine: Provided, That this cor- Sec. poration shall not be permitted to occupy any 5401. Corporation created. 5402. Reservation of right to amend or repeal chap- park in the city of Washington. ter. (Mar. 3, 1901, ch. 876, § 1, 31 Stat. 1453; June 29, 1938, ch. 796, 52 Stat. 1226.) § 5401. Corporation created AMENDMENTS James Dean, of Freeport; Charles W. Ward, of Queens; William Scott, of Buffalo; and Charles 1938—Act June 29, 1938, amended section generally, striking out provision referring to kindred purposes of Henderson, of New York City, all in the State of corporation in the interest of floriculture and horti- New York; William J. Stewart, Michael H. Nor- culture, substituting ‘‘$1,000,000’’ for ‘‘fifty thousand ton, and Patrick Welch, of Boston; Edmund M. dollars’’ as limit on real and personal estate of corpora- Wood, of Natick; and Lawrence Cotter, of Dor- tion, and inserting direction that corporation was to chester, all in the State of Massachusetts; Ed- operate without profit and that any earnings or surplus ward G. Hill, of Richmond, in the State of Indi- funds created through any educational or scientific ac- ana; John N. May, of Summitt, John G. Esler, of tivities be available only for further accomplishment of Saddle River; Patrick O’Mara, of Jersey City; corporation’s stated purposes. William A. Manda, of South Orange, all in the § 5402. Reservation of right to amend or repeal State of New Jersey; Benjamin Durfee, William chapter R. Smith, William F. Gude, and Henry Small, Junior, of Washington, in the District of Colum- Congress reserves the right to alter, amend, or bia; Willis N. Rudd, of Chicago; Emil Buettner, repeal this chapter in whole or in part. of Park Ridge; John C. Vaughan, of Chicago, all (Mar. 3, 1901, ch. 876, § 2, 31 Stat. 1454; June 29, in the State of Illinois; Joseph A. Dirwanger, of 1938, ch. 796, 52 Stat. 1227.) Portland, in the State of Maine; Robert Craig, Edwin Lonsdale, W. Atlee Burpee, and John Bur- AMENDMENTS ton, of Philadelphia; H. B. Beatty, of Oil City; 1938—Act June 29, 1938, amended section generally, and William Falconer, of Pittsburgh; all in the reenacting text without change. State of Pennsylvania; George M. Kellogg, of CHAPTER 87—CORPORATION FOR THE PRO- Pleasant Hill, in the State of Missouri; John T. MOTION OF RIFLE PRACTICE AND FIRE- D. Fulmer, of Des Moines, and J. C. Rennison, of ARMS SAFETY Sioux City, in the State of Iowa; L. A. Berckmans, of Augusta, in the State of Georgia; SUBCHAPTER I—ESTABLISHMENT AND H. Papworth, of New Orleans, in the State of OPERATION OF CORPORATION Louisiana; Elmer D. Smith, of Adrian, and Sec. Harry Balsley, of Detroit, in the State of Michi- 5501. Establishment of Corporation. gan; F. A. Whelan, of Mount Vernon on the Po- (a) Establishment. tomac, in the State of Virginia; Adam Graham, (b) Private, nonprofit status. (c) Board of Directors. of Cleveland, in the State of Ohio; William Fra- (d) Director of Civilian Marksmanship. ser, of Baltimore, in the State of Maryland; 5502. Conduct of Civilian Marksmanship Program. John Spalding, of New London, and John N. (a) Functions. Champion, of New Haven, in the State of Con- (b) Priority for youth activities. necticut; and Charles W. Hoitt, of Nashua, in the (c) Access to surplus property. State of New Hampshire, their associates and (d) Transfer of Civilian Marksmanship successors, are hereby created a body corporate Program to Corporation. 5503. Eligibility for participation in Civilian and politic, within the District of Columbia, by Marksmanship Program. the name of the Society of American Florists (a) Certification requirement. and Ornamental Horticulturists, for the edu- (b) Ineligibility resulting from certain cation of the general public and of members of convictions. § 5501 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 242

Sec. (2) The Corporation shall be operated in a (c) Authority to limit participation. manner and for purposes that qualify the Cor- 5504. Issuance, loan, and sale of firearms and am- poration for exemption from taxation under sec- munition by Corporation. (a) Issuance and loan. tion 501(a) of title 26 as an organization de- (b) Sales. scribed in section 501(c)(3) of such title. (c) Limitations on sales. (c) Board of Directors (d) Oversight and accountability. (e) Applicability of other law. (1) The Corporation shall have a Board of Di- 5505. Transfer of firearms and ammunition from rectors consisting of not less than nine mem- Army to Corporation. bers. (a) Transfers required. (2) The Board of Directors may adopt bylaws, (b) Time for transfer. policies, and procedures for the Corporation and (c) Parts. may take any other action that the Board of Di- (d) Vesting of title in transferred items. rectors considers necessary for the management (e) Costs of transfers. and operation of the Corporation. 5506. Reservation by Army of firearms and ammu- nition for Corporation. (3) Each member of the Board of Directors (a) Reservation of firearms and ammuni- shall serve for a term of two years. Members of tion. the Board of Directors are eligible for reappoint- (b) Storage of firearms and ammunition. ment. (c) Limitation on demilitarization of M–1 (4) A vacancy on the Board of Directors shall rifles. be filled by a majority vote of the remaining (d) Exception for transfers to Federal and members of the Board. State agencies for counterdrug pur- (5) The Secretary of the Army shall appoint poses. 5507. Army logistical support for Program. the initial Board of Directors. Four of the mem- (a) Logistical support. bers of the initial Board of Directors, to be des- (b) Reserve component personnel. ignated by the Secretary at the time of appoint- (c) Use of Department of Defense facili- ment, shall (notwithstanding paragraph (3)) ties for National Matches. serve for a term of one year. (d) Regulations. (d) Director of Civilian Marksmanship 5508. General authorities of Corporation. (a) Donations and fees. (1) The Board of Directors shall appoint an in- (b) Corporate seal. dividual to serve as the Director of Civilian (c) Contracts. Marksmanship. (d) Obligations and expenditures. (2) The Director shall be responsible for the (e) Related authority. performance of the daily operations of the Cor- 5509. Distribution of corporate assets in event of poration and the functions described in section dissolution. (a) Distribution. 5502 of this title. (b) Prohibition. (Pub. L. 104–106, div. A, title XVI, § 1611, Feb. 10, SUBCHAPTER II—TRANSITIONAL PROVISIONS 1996, 110 Stat. 515.) 5521. Transfer of funds and property to Corpora- REFERENCES IN TEXT tion. This chapter, referred to in subsec. (a), was in the (a) Funds. original ‘‘this title’’ meaning title XVI of div. A of Pub. (b) Property. L. 104–106, Feb. 10, 1996, 110 Stat. 515, which is classified (c) Offices. principally to this chapter. For complete classification (d) Costs of transfers. of title XVI to the Code, see Short Title note below and 5522. Continuation of eligibility for certain civil Tables. service benefits for former Federal employ- ees of Civilian Marksmanship Program. SHORT TITLE (a) Continuation of eligibility. Section 1601 of title XVI of div. A of Pub. L. 104–106 (b) Regulations. provided that: ‘‘This title [enacting this chapter, 5523. Certification of completion of transition. amending sections 4313 and 4316 of Title 10, Armed (a) Certification requirement. Forces, and section 925 of Title 18, Crimes and Criminal (b) Publication of certification. Procedure, repealing sections 4307, 4308, 4310, and 4311 of SUBCHAPTER I—ESTABLISHMENT AND Title 10, and enacting provisions set out as a note under section 4313 of Title 10] may be cited as the ‘Cor- OPERATION OF CORPORATION poration for the Promotion of Rifle Practice and Fire- 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- poration to be known as the ‘‘Corporation for § 5502. Conduct of Civilian Marksmanship Pro- the Promotion of Rifle Practice and Firearms gram Safety’’ (in this chapter referred to as the ‘‘Cor- (a) Functions poration’’). The Corporation shall have responsibility for (b) Private, nonprofit status the overall supervision, oversight, and control of (1) The Corporation shall not be considered to the Civilian Marksmanship Program, pursuant be a department, agency, or instrumentality of to the transfer of the program under subsection the Federal Government. An officer or employee (d) of this section, including the performance of of the Corporation shall not be considered to be the following: an officer or employee of the Federal Govern- (1) The instruction of citizens of the United ment. States in marksmanship. Page 243 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 5504

(2) The promotion of practice and safety in (2) The Director of Civilian Marksmanship the use of firearms, including the conduct of may require any person to attach to the person’s matches and competitions in the use of those affidavit a certification from the appropriate firearms. State or Federal law enforcement agency for (3) The award to competitors of trophies, purposes of paragraph (1)(A). prizes, badges, and other insignia. (b) Ineligibility resulting from certain convic- (4) The provision of security and account- tions ability for all firearms, ammunition, and other equipment under the custody and con- A person who has been convicted of a Federal trol of the Corporation. or State felony or a violation of section 922 of (5) The issue, loan, or sale of firearms, am- title 18 shall not be eligible to participate in any munition, supplies, and appliances under sec- activity sponsored or supported by the Corpora- tion 5504 of this title. tion through the Civilian Marksmanship Pro- (6) The procurement of necessary supplies, gram. appliances, clerical services, other related (c) Authority to limit participation services, and labor to carry out the Civilian The Director of Civilian Marksmanship may Marksmanship Program. limit participation as necessary to ensure— (b) Priority for youth activities (1) quality instruction in the use of firearms; In carrying out the Civilian Marksmanship (2) the safety of participants; and Program, the Corporation shall give priority to (3) the security of firearms, ammunition, activities that benefit firearms safety, training, and equipment. and competition for youth and that reach as (Pub. L. 104–106, div. A, title XVI, § 1613, Feb. 10, many youth participants as possible. 1996, 110 Stat. 517.) (c) Access to surplus property (1) The Corporation may obtain surplus prop- § 5504. Issuance, loan, and sale of firearms and erty and supplies from the Defense Reutilization ammunition by Corporation Marketing Service to carry out the Civilian (a) Issuance and loan Marksmanship Program. For purposes of training and competition, the (2) Any transfer of property and supplies to Corporation may issue or loan, with or without the Corporation under paragraph (1) shall be charges to recover administrative costs, caliber made without cost to the Corporation. .22 rimfire and caliber .30 surplus rifles, caliber (d) Transfer of Civilian Marksmanship Program .22 and .30 ammunition, air rifles, targets, and to Corporation other supplies and appliances necessary for ac- (1) The Secretary of the Army shall provide tivities related to the Civilian Marksmanship for the transition of the Civilian Marksmanship Program to the following: Program, as defined in section 4308(e) of title 10 (1) Organizations affiliated with the Cor- (as such section was in effect on the day before poration that provide training in the use of February 10, 1996), from conduct by the Depart- firearms to youth. ment of the Army to conduct by the Corpora- (2) The Boy Scouts of America. tion. The transition shall be completed not later (3) 4–H Clubs. than September 30, 1996. (4) Future Farmers of America. (2) To carry out paragraph (1), the Secretary (5) Other youth-oriented organizations. shall provide such assistance and take such ac- (b) Sales tion as is necessary to maintain the viability of 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- vide training in the use of firearms. (Pub. L. 104–106, div. A, title XVI, § 1612, Feb. 10, (2) Subject to subsection (e) of this section, 1996, 110 Stat. 516.) the Corporation may sell at fair market value SECTION REFERRED TO IN OTHER SECTIONS caliber .22 rimfire and caliber .30 surplus rifles, ammunition, targets, repair parts and accouter- This section is referred to in sections 5501, 5509, 5522, 5523 of this title. ments, and other supplies and appliances nec- essary for target practice to citizens of the § 5503. Eligibility for participation in Civilian United States over 18 years of age who are mem- Marksmanship Program bers of a gun club affiliated with the Corpora- (a) Certification requirement tion. In addition to any other requirement, the Corporation shall establish procedures to obtain (1) Before a person may participate in any ac- a criminal records check of the person with ap- tivity sponsored or supported by the Corpora- propriate Federal and State law enforcement tion, the person shall be required to certify by agencies. affidavit the following: (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 § 5505 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 244 individuals under the Civilian Marksmanship (e) Costs of transfers Program to a person who has been convicted of Any transfer of firearms, ammunition, or a felony or a violation of section 922 of title 18. parts to the Corporation under this section shall (d) Oversight and accountability be made without cost to the Corporation, except The Corporation shall be responsible for ensur- that the Corporation shall assume the cost of ing adequate oversight and accountability of all preparation and transportation of firearms and firearms issued or loaned under this section. The ammunition transferred under this section. Corporation shall prescribe procedures for the (Pub. L. 104–106, div. A, title XVI, § 1615, Feb. 10, security of issued or loaned firearms in accord- 1996, 110 Stat. 518; Pub. L. 104–201, div. A, title X, ance with Federal, State, and local laws. § 1073(c)(1), Sept. 23, 1996, 110 Stat. 2657.) (e) Applicability of other law AMENDMENTS (1) Subject to paragraph (2), sales under sub- section (b)(2) of this section are subject to appli- 1996—Subsec. (a)(3). Pub. L. 104–201 substituted ‘‘De- fense Distribution Depot, Anniston’’ for ‘‘Anniston cable Federal, State, and local laws. Army Depot’’. (2) Paragraphs (1), (2), (3), and (5) of section 922(a) of title 18 do not apply to the shipment, SECTION REFERRED TO IN OTHER SECTIONS transportation, receipt, transfer, sale, issuance, This section is referred to in sections 5502, 5506, 5509, loan, or delivery by the Corporation of any item 5521 of this title. that the Corporation is authorized to issue, loan, sell, or receive under this chapter. § 5506. Reservation by Army of firearms and am- munition for Corporation (Pub. L. 104–106, div. A, title XVI, § 1614, Feb. 10, 1996, 110 Stat. 517.) (a) Reservation of firearms and ammunition The Secretary of the Army shall reserve for SECTION REFERRED TO IN OTHER SECTIONS the Corporation the following: This section is referred to in sections 5502, 5505 of this (1) All firearms referred to in section 5505(a) title. of this title. § 5505. Transfer of firearms and ammunition (2) Ammunition for such firearms. from Army to Corporation (3) All M–16 rifles used to support the small arms firing school that are held by the Depart- (a) Transfers required ment of the Army on February 10, 1996. The Secretary of the Army shall, in accord- (4) Any parts from, and accessories and ac- ance with subsection (b) of this section, transfer couterments for, surplus caliber .30 and caliber to the Corporation all firearms and ammunition .22 rimfire rifles. that on the day before February 10, 1996, are (b) Storage of firearms and ammunition under the control of the Director of the Civilian Marksmanship Program, including— Firearms stored at Defense Distribution (1) all firearms on loan to affiliated clubs Depot, Anniston, Anniston, Alabama, before and State associations; February 10, 1996, and used for the Civilian (2) all firearms in the possession of the Civil- Marksmanship Program shall remain at that fa- ian Marksmanship Support Detachment; and cility, or another storage facility designated by (3) all M–1 Garand and caliber .22 rimfire ri- the Secretary of the Army, without cost to the fles stored at Defense Distribution Depot, An- Corporation, until the firearms are issued, niston, Anniston, Alabama. loaned, or sold by, or otherwise transferred to, the Corporation. (b) Time for transfer (c) Limitation on demilitarization of M–1 rifles The Secretary shall transfer firearms and am- munition under subsection (a) of this section as After February 10, 1996, the Secretary may not and when necessary to enable the Corporation— demilitarize any M–1 Garand rifle in the inven- (1) to issue or loan such items in accordance tory of the Army unless that rifle is determined with section 5504(a) of this title; or by the Defense Logistics Agency to be unserv- (2) to sell such items to purchasers in ac- iceable. cordance with section 5504(b) of this title. (d) Exception for transfers to Federal and State (c) Parts agencies for counterdrug purposes The Secretary may make available to the Cor- The requirement specified in subsection (a) of poration any part from a rifle designated to be this section does not supersede the authority demilitarized in the inventory of the Depart- provided in section 1208 of the National Defense ment of the Army. Authorization Act for Fiscal Years 1990 and 1991 (d) Vesting of title in transferred items (Public Law 101–189; 10 U.S.C. 372 note). Title to an item transferred to the Corpora- (Pub. L. 104–106, div. A, title XVI, § 1616, Feb. 10, tion under this section shall vest in the Corpora- 1996, 110 Stat. 519; Pub. L. 104–201, div. A, title X, tion— § 1073(c)(2), Sept. 23, 1996, 110 Stat. 2658.) (1) upon the issuance of the item to a recipi- AMENDMENTS ent eligible under section 5504(a) of this title to receive the item; or 1996—Subsec. (b). Pub. L. 104–201 substituted ‘‘Defense Distribution Depot, Anniston’’ for ‘‘Anniston Army (2) immediately before the Corporation de- Depot’’. livers the item to a purchaser of the item in accordance with a contract for a sale of the SECTION REFERRED TO IN OTHER SECTIONS item that is authorized under section 5504(b) of This section is referred to in sections 5502, 5509 of this this title. title. Page 245 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 5521

§ 5507. Army logistical support for Program § 5509. Distribution of corporate assets in event of dissolution (a) Logistical support The Secretary of the Army shall provide logis- (a) Distribution tical support to the Civilian Marksmanship Pro- If the Corporation dissolves, then— gram and for competitions and other activities (1) upon the dissolution of the Corporation, conducted by the Corporation. The Corporation title to all firearms stored at Defense Dis- shall reimburse the Secretary for incremental tribution Depot, Anniston, Anniston, Ala- direct costs incurred in providing such support. bama, on the date of the dissolution, all M–16 Such reimbursements shall be credited to the rifles that are transferred to the Corporation appropriations account of the Department of the under section 5505(a)(2) of this title, that are Army that is charged to provide such support. referred to in section 5506(a)(3) of this title, or that are otherwise under the control of the (b) Reserve component personnel Corporation, and all trophies received by the The Secretary shall provide, without cost to Corporation from the National Board for the the Corporation, for the use of members of the Promotion of Rifle Practice as of such date, National Guard and Army Reserve to support shall vest in the Secretary of the Army, and the National Matches as part of the performance the Secretary shall have the immediate right of annual training pursuant to titles 10 and 32. to the possession of such items; (c) Use of Department of Defense facilities for (2) assets of the Corporation, other than as- National Matches sets described in paragraph (1), may be distrib- uted by the Corporation to an organization The National Matches may continue to be held that— at those Department of Defense facilities at (A) is exempt from taxation under section which the National Matches were held before 501(a) of title 26 as an organization described February 10, 1996. in section 501(c)(3) of such title; and (d) Regulations (B) performs functions similar to the func- The Secretary shall prescribe regulations to tions described in section 5502(a) of this carry out this section. title; and (Pub. L. 104–106, div. A, title XVI, § 1617, Feb. 10, (3) all assets of the Corporation that are not 1996, 110 Stat. 519.) distributed pursuant to paragraphs (1) and (2) shall be sold, and the proceeds from the sale of § 5508. General authorities of Corporation such assets shall be deposited in the Treasury. (a) Donations and fees (b) Prohibition (1) The Corporation may solicit, accept, hold, Assets of the Corporation that are distributed use, and dispose of donations of money, prop- pursuant to the authority of subsection (a) of erty, and services received by gift, devise, be- this section may not be distributed to an indi- quest, or otherwise. vidual. (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- ship Program. AMENDMENTS (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 the proceeds from the sale of firearms, ammuni- Army Depot’’. tion, 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 certifi- cation 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 fund account known as the National Match (e) Related authority Fund. The Corporation may take such other actions (2) The funds transferred under paragraph as are necessary or appropriate to carry out the (1)(A) shall be used to carry out the Civilian authority provided in this section. 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. § 5522 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 246

(b) Property § 5523. Certification of completion of transition The Secretary of the Army shall, as soon as (a) Certification requirement practicable, transfer to the Corporation the fol- Upon completion of the appointment of the lowing: Board of Directors for the Corporation under (1) All automated data equipment, all other section 5501(c)(5) of this title and of the transi- office equipment, targets, target frames, vehi- tion required under section 5502(d) of this title, cles, and all other property under the control the Secretary of the Army shall submit to the of the Director of Civilian Marksmanship and Committee on Armed Services of the Senate and the Civilian Marksmanship Support Detach- the Committee on National Security of the ment on the day before February 10, 1996 House of Representatives a certification of the (other than property to which section 5505(a) completion of such actions. of this title applies). (b) Publication of certification (2) Title to property under the control of the National Match Fund on such day. The Secretary shall take such actions as are (3) All supplies and appliances under the necessary to ensure that the certification is control of the Director of the Civilian Marks- published in the Federal Register promptly after manship Program on such day. the submission of the certification under sub- section (a) of this section. (c) Offices (Pub. L. 104–106, div. A, title XVI, § 1623, Feb. 10, The Corporation may use the office space of 1996, 110 Stat. 522.) the Office of the Director of Civilian Marksman- ship until the date on which the Secretary of the SECTION REFERRED TO IN OTHER SECTIONS Army completes the transfer of the Civilian This section is referred to in section 5521 of this title. Marksmanship Program to the Corporation. The Corporation shall assume control of the leased CHAPTER 88—FLEET RESERVE ASSOCIATION property occupied as of February 10, 1996, by the Sec. Civilian Marksmanship Support Detachment, lo- 5601. Recognition and grant of Federal charter. cated at the Erie Industrial Park, Port Clinton, 5602. Powers. Ohio. 5603. Purposes. 5604. Service of process. (d) Costs of transfers 5605. Membership. 5606. Board of directors. Any transfer of items to the Corporation 5607. Officers. under this section shall be made without cost to 5608. Restrictions. the Corporation. (a) Income and compensation. (b) Loans. (Pub. L. 104–106, div. A, title XVI, § 1621, Feb. 10, (c) Issuance of stock and payment of 1996, 110 Stat. 521.) dividends. (d) Disclaimer of congressional or Fed- SECTION REFERRED TO IN OTHER SECTIONS eral approval. This section is referred to in section 5502 of this title. (e) Corporate status. (f) Corporate function. (g) Nondiscrimination. § 5522. Continuation of eligibility for certain 5609. Liability. Civil Service benefits for former Federal em- 5610. Maintenance and inspection of books and ployees of Civilian Marksmanship Program records. (a) Books and records of account. (a) Continuation of eligibility (b) Names and addresses of members. Notwithstanding any other provision of law, a (c) Right to inspect books and records. (d) Application of State law. Federal employee who is employed by the De- 5611. Annual report. partment of Defense to support the Civilian 5612. Reservation of right to alter, amend, or re- Marksmanship Program as of the day before the peal chapter. date of the transfer of the Program to the Cor- 5613. Tax-exempt status required as condition of poration and is offered employment by the Cor- charter. poration as part of the transition described in 5614. Termination. section 5502(d) of this title may, if the employee 5615. ‘‘State’’ defined. becomes employed by the Corporation, continue § 5601. Recognition and grant of Federal charter to be eligible during continuous employment with the Corporation for the Federal health, re- The Fleet Reserve Association, a nonprofit tirement, and similar benefits (including life in- corporation organized under the laws of the surance) for which the employee would have State of Delaware, is recognized as such and been eligible had the employee continued to be granted a Federal charter. employed by the Department of Defense. The (Pub. L. 104–201, div. A, title XVIII, § 1801, Sept. employer’s contribution for such benefits shall 23, 1996, 110 Stat. 2760.) be paid by the Corporation. § 5602. Powers (b) Regulations The Fleet Reserve Association (in this chapter The Director of the Office of Personnel Man- referred to as the ‘‘association’’) shall have only agement shall prescribe regulations to carry out those powers granted to it through its bylaws subsection (a) of this section. and articles of incorporation filed in the State (Pub. L. 104–106, div. A, title XVI, § 1622, Feb. 10, of Delaware and subject to the laws of that 1996, 110 Stat. 521.) State. Page 247 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 5610

(Pub. L. 104–201, div. A, title XVIII, § 1802, Sept. § 5608. Restrictions 23, 1996, 110 Stat. 2760.) (a) Income and compensation § 5603. Purposes No part of the income or assets of the associa- The purposes of the association are those pro- tion may inure to the benefit of any member, of- vided in its bylaws and articles of incorporation ficer, or director of the association or be distrib- and shall include the following: uted to any such individual during the life of (1) Upholding and defending the Constitution this charter. Nothing in this subsection may be of the United States. construed to prevent the payment of reasonable (2) Aiding and maintaining an adequate compensation to the officers and employees of naval defense for the United States. the association or reimbursement for actual and (3) Assisting the recruitment of the best per- necessary expenses in amounts approved by the sonnel available for the United States Navy, board of directors. United States Marine Corps, and United States (b) Loans Coast Guard. (4) Providing for the welfare of the personnel The association may not make any loan to who serve in the United States Navy, United any member, officer, director, or employee of States Marine Corps, and United States Coast the association. Guard. (c) Issuance of stock and payment of dividends (5) Continuing to serve loyally the United States Navy, United States Marine Corps, and The association may not issue any shares of United States Coast Guard. stock or declare or pay any dividends. (6) Preserving the spirit of shipmanship by (d) Disclaimer of congressional or Federal ap- providing assistance to shipmates and their proval families. The association may not claim the approval of (7) Instilling love of the United States and the Congress or the authorization of the Federal the flag and promoting soundness of mind and Government for any of its activities by virtue of body in the youth of the United States. this chapter. (Pub. L. 104–201, div. A, title XVIII, § 1803, Sept. (e) Corporate status 23, 1996, 110 Stat. 2760.) The association shall maintain its status as a § 5604. Service of process corporation organized and incorporated under With respect to service of process, the associa- the laws of the State of Delaware. tion shall comply with the laws of the State of (f) Corporate function Delaware and those States in which it carries on The association shall function as an edu- its activities in furtherance of its corporate pur- cational, patriotic, civic, historical, and re- poses. search organization under the laws of the State (Pub. L. 104–201, div. A, title XVIII, § 1804, Sept. of Delaware. 23, 1996, 110 Stat. 2761.) (g) Nondiscrimination § 5605. Membership In establishing the conditions of membership Except as provided in section 5608(g) of this in the association and in determining the re- title, eligibility for membership in the associa- quirements for serving on the board of directors tion and the rights and privileges of members or as an officer of the association, the associa- shall be as provided in the bylaws and articles of tion may not discriminate on the basis of race, incorporation of the association. color, religion, sex, handicap, age, or national origin. (Pub. L. 104–201, div. A, title XVIII, § 1805, Sept. 23, 1996, 110 Stat. 2761.) (Pub. L. 104–201, div. A, title XVIII, § 1808, Sept. 23, 1996, 110 Stat. 2761.) § 5606. Board of directors SECTION REFERRED TO IN OTHER SECTIONS Except as provided in section 5608(g) of this This section is referred to in sections 5605, 5606, 5607 title, the composition of the board of directors of this title. of the association and the responsibilities of the board shall be as provided in the bylaws and ar- § 5609. Liability ticles of incorporation of the association and in 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 whenever such individuals act within the scope (Pub. L. 104–201, div. A, title XVIII, § 1806, Sept. of their authority. 23, 1996, 110 Stat. 2761.) (Pub. L. 104–201, div. A, title XVIII, § 1809, Sept. § 5607. Officers 23, 1996, 110 Stat. 2762.) Except as provided in section 5608(g) of this § 5610. Maintenance and inspection of books and title, the positions of officers of the association records and the election of members to such positions shall be as provided in the bylaws and articles of (a) Books and records of account incorporation of the association and in conform- The association shall keep correct and com- ity with the laws of the State of Delaware. plete 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 § 5611 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 248 any committee having authority under the wealth of Puerto Rico, the Commonwealth of board of directors. the Northern Mariana Islands, and the terri- (b) Names and addresses of members tories and possessions of the United States. The association shall keep at its principal of- (Pub. L. 104–201, div. A, title XVIII, § 1816, Sept. fice a record of the names and addresses of all 23, 1996, 110 Stat. 2762.) members having the right to vote in any pro- ceeding of the association. CHAPTER 89—NATIONAL FILM PRESERVATION FOUNDATION (c) Right to inspect books and records All books and records of the association may Sec. 5701. Establishment and purpose of Foundation. be inspected by any member having the right to (a) Establishment. vote in any proceeding of the association, or by (b) Purposes. any agent or attorney of such member, for any 5702. Board of Directors of Foundation. proper purpose at any reasonable time. (a) Establishment and membership. (d) Application of State law (b) Appointment and terms. (c) Chair. This section may not be construed to con- (d) Quorum. travene any applicable State law. (e) Meetings. (Pub. L. 104–201, div. A, title XVIII, § 1810, Sept. (f) Reimbursement of expenses. (g) General powers. 23, 1996, 110 Stat. 2762.) 5703. Rights and obligations of Foundation. § 5611. Annual report (a) General. (b) Seal. The association shall annually submit to Con- (c) Powers. gress a report concerning the activities of the 5704. Administrative services and support. association during the preceding fiscal year. The 5705. Volunteer status. 5706. Audits, report requirements, and petition of annual report shall be submitted on the same Attorney General, for equitable relief. date as the report of the audit required by rea- (a) Audits. son of the amendment made in section 1101(77) of (b) Report. this title. The annual report shall not be printed (c) Relief with respect to certain Founda- as a public document. tion acts or failure to act. 5707. United States release from liability. (Pub. L. 104–201, div. A, title XVIII, § 1812, Sept. 5708. Authorization of appropriations. 23, 1996, 110 Stat. 2762.) (a) Authorization. (b) Administrative expenses. REFERENCES IN TEXT Section 1101(77) of this title, referred to in text, was § 5701. Establishment and purpose of Foundation in the original ‘‘section 1811’’, meaning section 1811 of Pub. L. 104–201, which amended section 1101 of this title (a) Establishment to include the Fleet Reserve Association within the There is established the National Film Preser- definition of ‘‘private corporations established under vation Foundation (hereafter in this chapter re- Federal law’’. Section 1103 of this title requires a report ferred to as the ‘‘Foundation’’). The Foundation to Congress on the annual audit of private corporations is a charitable and nonprofit corporation and is established under Federal law. not an agency or establishment of the United § 5612. Reservation of right to alter, amend, or States. repeal chapter (b) Purposes The right to alter, amend, or repeal this chap- The purposes of the Foundation are— ter is expressly reserved to Congress. (1) to encourage, accept, and administer pri- 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 § 5613. Tax-exempt status required as condition and other public and nonprofit archives of charter throughout the United States; (2) to further the goals of the Library of Con- If the association fails to maintain its status gress and the National Film Preservation as an organization exempt from taxation as pro- Board in connection with their activities vided in title 26 the charter granted in this under the National Film Preservation Act of chapter shall terminate. 1996 [2 U.S.C. 179l et seq.]; and (Pub. L. 104–201, div. A, title XVIII, § 1814, Sept. (3) to undertake and conduct other activi- 23, 1996, 110 Stat. 2762.) ties, alone or in cooperation with other film related institutions and organizations, as will § 5614. Termination further the preservation and public accessibil- The charter granted in this chapter shall ex- ity of films made in the United States, par- pire if the association fails to comply with any ticularly those not protected by private inter- of the provisions of this chapter. ests, for the benefit of present and future gen- erations of Americans. (Pub. L. 104–201, div. A, title XVIII, § 1815, Sept. 23, 1996, 110 Stat. 2762.) (Pub. L. 104–285, title II, § 202, Oct. 11, 1996, 110 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, Page 249 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 5703

1996, 110 Stat. 3377, which is classified principally to essary traveling and subsistence expenses in- section 179l et seq. of Title 2, The Congress. For com- curred by them in the performance of the duties plete classification of this Act to the Code, see Short of the Foundation. Title note set out under section 179l of Title 2 and Tables. (g) General powers (1) Organization of Foundation SHORT TITLE The Board may complete the organization of Section 201 of title II of Pub. L. 104–285 provided that: the Foundation by— ‘‘This title [enacting this chapter] may be cited as the ‘National Film Preservation Foundation Act’.’’ (A) appointing, removing, and replacing of- ficers, except as provided for in paragraph SECTION REFERRED TO IN OTHER SECTIONS (2)(B); This section is referred to in sections 5703, 5706 of this (B) adopting a constitution and bylaws title. consistent with the purposes of the Founda- tion and the provisions of this chapter; and § 5702. Board of Directors of Foundation (C) undertaking such other acts as may be (a) Establishment and membership necessary to carry out the provisions of this The Foundation shall have a governing Board chapter. of Directors (hereafter in this chapter referred (2) Limitation on appointment of employees to as the ‘‘Board’’), which shall consist of 9 Di- The following limitations apply with respect rectors, each of whom shall be a United States to the appointment of employees of the Foun- citizen and at least 6 of whom must be knowl- dation: edgeable or experienced in film production, dis- (A) Except as provided in subparagraph tribution, preservation, or restoration, includ- (B), employees of the Foundation shall be ing 2 who shall be sitting members of the Na- appointed, removed, and replaced by the tional Film Preservation Board. These 6 mem- Secretary of the Board. All employees (in- bers of the Board shall, to the extent prac- cluding the Secretary of the Board) shall be ticable, represent diverse points of views from appointed and removed without regard to the film community, including motion picture the provisions of title 5 governing appoint- producers, creative artists, nonprofit and public ments in the competitive service, and may archivists, historians, film critics, theater own- be paid without regard to the provisions of ers, and laboratory and university personnel. chapter 51 and subchapter III of chapter 53 of The Librarian of Congress (hereafter in this such title relating to classification and Gen- chapter referred to as the ‘‘Librarian’’) shall be eral Schedule pay rates, except that no indi- an ex officio nonvoting member of the Board. vidual so appointed may receive pay in ex- Appointment to the Board shall not constitute cess of the annual rate of basic pay in effect employment by, or the holding of an office of, for grade GS–15 of the General Schedule. the United States for the purpose of any Federal Neither the Board, nor any of the employees law. of the Foundation, including the Secretary (b) Appointment and terms of the Board, shall be construed to be em- Within 90 days after October 11, 1996, the Li- ployees of the Library of Congress. brarian shall appoint the Directors of the Board. (B) The first employee appointed shall be Each Director shall be appointed for a term of 4 the Secretary of the Board. The Secretary years. A vacancy on the Board shall be filled, shall be appointed, and may be removed by, within 60 days after the vacancy occurs, in the the Librarian. manner in which the original appointment was (C) The Secretary of the Board shall— made. No individual may serve more than 2 con- (i) serve as its executive director, and secutive terms as a Director. (ii) be knowledgeable and experienced in matters relating to film preservation and (c) Chair restoration activities, financial manage- The initial Chair shall be appointed by the Li- ment, and fund-raising. brarian from the membership of the Board for a (Pub. L. 104–285, title II, § 203, Oct. 11, 1996, 110 2-year term, and thereafter shall be appointed Stat. 3383.) and removed in accordance with the Founda- 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), are classified generally to section 3301 et seq. of Title Board shall constitute a quorum for the trans- 5, Government Organization and Employees. action of business. The General Schedule, referred to in subsec. (g)(2)(A), (e) Meetings is set out under section 5332 of Title 5. The Board shall meet at the call of the Librar- SECTION REFERRED TO IN OTHER SECTIONS ian or the Chair at least once a year. If a Direc- This section is referred to in section 5704 of this title; tor misses 3 consecutive regularly scheduled title 2 section 179o. meetings, that individual may be removed from the Board by the Librarian, and that vacancy § 5703. Rights and obligations of Foundation shall be filled in accordance with subsection (b) (a) General of this section. The Foundation— (f) Reimbursement of expenses (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- § 5704 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES Page 250

monwealth, territory, or possession of the (Pub. L. 104–285, title II, § 205, Oct. 11, 1996, 110 United States; Stat. 3385.) (3) shall have its principal offices in the Dis- trict of Columbia; and § 5705. Volunteer status (4) shall at all times maintain a designated The Librarian may accept, without regard to agent authorized to accept service of process the civil service classification laws, rules, or for the Foundation. regulations, the services of the Foundation, the The serving of notice to, or service of process Board, and other officers and employees of the upon, the agent required under paragraph (4), or Board, without compensation from the Library mailed to the business address of such agent, of Congress, as volunteers in the performance of shall be deemed as service upon or notice to the the functions authorized in this chapter. Foundation. (Pub. L. 104–285, title II, § 206, Oct. 11, 1996, 110 (b) Seal Stat. 3385.) The Foundation shall have an official seal se- REFERENCES IN TEXT lected by the Board which shall be judicially no- ticed. The civil service classification laws, referred to in text, probably should refer to civil service and classi- (c) Powers fication laws. The civil service laws are set forth in To carry out its purposes under section 5701 of Title 5, Government Organization and Employees. See, this title, the Foundation shall have, in addition particularly, section 3301 et seq. of Title 5. The classi- to the powers otherwise given it under this fication laws are set forth in chapter 51 and subchapter chapter, the usual powers of a corporation act- III of chapter 53 of Title 5. ing as a trustee in the District of Columbia, in- § 5706. Audits, report requirements, and petition cluding the power— of Attorney General, for equitable relief (1) to accept, receive, solicit, hold, admin- ister, and use any gift, devise, or bequest, ei- (a) Audits ther absolutely or in trust, of real or personal The Foundation shall be treated as a private property or any income therefrom or other in- corporation established under Federal law for terest therein; purposes of the Act entitled ‘‘An Act to provide (2) to acquire by purchase or exchange any for audit of accounts of private corporations es- real or personal property or interest therein; tablished under Federal law.’’, approved August (3) unless otherwise required by the instru- 30, 1964 (36 U.S.C. 1101–1103). ment of transfer, to sell, donate, lease, invest, reinvest, retain, or otherwise dispose of any (b) Report property or income therefrom; The Foundation shall, as soon as practicable (4) to borrow money and issue bonds, deben- after the end of each fiscal year, transmit to the tures, or other debt instruments; Congress a report of its proceedings and activi- (5) to sue and be sued, and complain and de- ties during such year, including a full and com- fend itself in any court of competent jurisdic- plete statement of its receipts, expenditures, tion, except that the Directors of the Board and investments. shall not be personally liable, except for gross (c) Relief with respect to certain Foundation acts negligence; or failure to act (6) to enter into contracts or other arrange- ments with public agencies and private organi- If the Foundation— zations and persons and to make such pay- (1) engages in, or threatens to engage in, any ments as may be necessary to carry out its act, practice, or policy that is inconsistent functions; and with its purposes set forth in section 5701(b) of (7) to do any and all acts necessary and prop- this title, or er to carry out the purposes of the Founda- (2) refuses, fails, or neglects to discharge its tion. obligations under this chapter, or threatens to do so, A gift, devise, or bequest may be accepted by the Foundation even though it is encumbered, re- the Attorney General of the United States may stricted, or subject to beneficial interests of pri- file a petition in the United States District vate persons, if any current or future interest Court for the District of Columbia for such equi- therein is for the benefit of the Foundation. table relief as may be necessary or appropriate. (Pub. L. 104–285, title II, § 204, Oct. 11, 1996, 110 (Pub. L. 104–285, title II, § 207, Oct. 11, 1996, 110 Stat. 3384.) Stat. 3385.) § 5704. Administrative services and support REFERENCES IN TEXT The Act entitled ‘‘An Act to provide for audit of ac- The Librarian may provide personnel, facili- counts of private corporations established under Fed- ties, and other administrative services to the eral law.’’, referred to in subsec. (a), is Pub. L. 88–504, Foundation, including reimbursement of ex- Aug. 30, 1964, 78 Stat. 635, as amended, which is classi- penses under section 5702 of this title, not to ex- fied principally to chapter 42 (§ 1101 et seq.) of this title. ceed the current per diem rates for the Federal For complete classification of this Act to the Code, see Government, and the Foundation shall reim- Tables. burse the Librarian therefor. Amounts so reim- § 5707. United States release from liability bursed shall be deposited in the Treasury to the credit of the appropriations then current and The United States shall not be liable for any chargeable for the cost of providing such serv- debts, defaults, acts, or omissions of the Foun- ices. dation, nor shall the full faith and credit of the Page 251 TITLE 36—PATRIOTIC SOCIETIES AND OBSERVANCES § 5708

United States extend to any obligation of the Foundation to match private contributions Foundation. (whether in currency, services, or property) made to the Foundation by private persons and (Pub. L. 104–285, title II, § 208, Oct. 11, 1996, 110 State and local governments. Stat. 3386.) (b) Administrative expenses § 5708. Authorization of appropriations No Federal funds authorized under this section (a) Authorization may be used by the Foundation for administra- tive expenses of the Foundation, including for There are authorized to be appropriated to the salaries, travel, and transportation expenses, Library of Congress such sums as may be nec- and other overhead expenses. essary to carry out the purposes of this chapter, not to exceed $250,000 for each of the fiscal years (Pub. L. 104–285, title II, § 209, Oct. 11, 1996, 110 2000 through 2003, to be made available to the Stat. 3386.)