[105th Congress Public Law 225]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ225.105]
[[Page 112 STAT. 1253]]
Public Law 105-225
105th Congress
An Act
To revise, codify, and enact without substantive change certain general
and
permanent laws, related to patriotic and national observances,
ceremonies, and organizations, as title 36, United States Code,
``Patriotic and National Observances, Ceremonies, and
Organizations''. <<NOTE: Aug. 12, 1998 - [H.R. 1085]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. TITLE 36, UNITED STATES CODE. <<NOTE: 36 USC note prec.
101.>>
Certain general and permanent laws of the United States, related to
patriotic and national observances, ceremonies, and organizations, are
revised, codified, and enacted as title 36, United States Code,
``Patriotic and National Observances, Ceremonies, and Organizations'',
as follows:
TITLE 36--PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND
ORGANIZATIONS
Subtitle Sec.
PATRIOTIC AND NATIONAL OBSERVANCES AND CEREMONIES 101
PATRIOTIC AND NATIONAL ORGANIZATIONS 10101
TREATY OBLIGATION ORGANIZATIONS 300101
SUBTITLE I--PATRIOTIC AND NATIONAL OBSERVANCES AND CEREMONIES
PART A--OBSERVANCES AND CEREMONIES
Chapter Sec.
PATRIOTIC AND NATIONAL OBSERVANCES 101
NATIONAL ANTHEM, MOTTO, FLORAL EMBLEM, AND MARCH 301
PRESIDENTIAL INAUGURAL CEREMONIES 501
FEDERAL PARTICIPATION IN CARL GARNER FEDERAL LANDS
CLEANUP DAY 701
MISCELLANEOUS 901
PART B--UNITED STATES GOVERNMENT ORGANIZATIONS INVOLVED WITH OBSERVANCES
AND CEREMONIES
AMERICAN BATTLE MONUMENTS COMMISSION 2101
UNITED STATES HOLOCAUST MEMORIAL COUNCIL 2301
PRESIDENT'S COMMITTEE ON EMPLOYMENT OF PEOPLE
WITH DISABILITIES 2501
[[Page 112 STAT. 1254]]
PART A--OBSERVANCES AND CEREMONIES
CHAPTER 1--PATRIOTIC AND NATIONAL OBSERVANCES
Sec.
101. American Heart Month.
102. Asian/Pacific American Heritage Month.
103. Cancer Control Month.
104. Carl Garner Federal Lands Cleanup Day.
105. Child Health Day.
106. Citizenship Day.
107. Columbus Day.
108. Constitution Week.
109. Father's Day.
110. Flag Day.
111. Gold Star Mother's Day.
112. Honor America Days.
113. Law Day, U.S.A.
114. Leif Erikson Day.
115. Loyalty Day.
116. Memorial Day.
117. Mother's Day.
118. National Aviation Day.
119. National Day of Prayer.
120. National Defense Transportation Day.
121. National Disability Employment Awareness Month.
122. National Flag Week.
123. National Forest Products Week.
124. National Freedom Day.
125. National Grandparents Day.
126. National Hispanic Heritage Month.
127. National Korean War Veterans Armistice Day.
128. National Maritime Day.
129. National Pearl Harbor Remembrance Day.
130. National Poison Prevention Week.
131. National Safe Boating Week.
132. National School Lunch Week.
133. National Transportation Week.
134. Pan American Aviation Day.
135. Parents' Day.
136. Peace Officers Memorial Day.
137. Police Week.
138. Save Your Vision Week.
139. Steelmark Month.
140. Stephen Foster Memorial Day.
141. Thomas Jefferson's birthday.
142. White Cane Safety Day.
143. Wright Brothers Day.
Sec. 101. American Heart Month
The President is requested to issue each year a proclamation--
(1) designating February as American Heart Month;
(2) inviting the chief executive officers of the States,
territories, and possessions of the United States to issue
proclamations designating February as American Heart Month; and
(3) urging the people of the United States to recognize the
nationwide problem of heart and blood vessel diseases and to
support all essential programs required to solve the problem.
Sec. 102. Asian/Pacific American Heritage Month
(a) Designation.--May is Asian/Pacific American Heritage Month.
(b) Proclamations.--The President is requested to issue each year a
proclamation calling on the people of the United States, and the chief
executive officers of each State of the United States,
[[Page 112 STAT. 1255]]
the District of Columbia, the Virgin Islands, Puerto Rico, Guam,
American Samoa, the Northern Mariana Islands, the Marshall Islands,
Micronesia, and Palau are requested to issue each year proclamations
calling on the people of their respective jurisdictions, to observe
Asian/Pacific American Heritage Month with appropriate programs,
ceremonies, and activities.
Sec. 103. Cancer Control Month
(a) General.--The President is requested--
(1) to issue each year a proclamation designating April as
Cancer Control Month; and
(2) to invite each year the chief executive officers of the
States, territories, and possessions of the United States to
issue proclamations designating April as Cancer Control Month.
(b) Contents of Proclamations.--As part of those proclamations, the
chief executive officers and President are requested to invite the
medical profession, the press, and all agencies and individuals
interested in a national program for the control of cancer by education
and other cooperative means to unite during Cancer Control Month in a
public dedication to the program and in a concerted effort to make the
people of the United States aware of the need for the program.
Sec. 104. Carl Garner Federal Lands Cleanup Day
(a) Designation.--The first Saturday after Labor Day is Carl Garner
Federal Lands Cleanup Day.
(b) Proclamation.--The President shall issue a proclamation calling
on the people of the United States to observe Carl Garner Federal Lands
Cleanup Day with appropriate programs, ceremonies, and activities.
However, activities may be undertaken in individual States on a day
other than the first Saturday after Labor Day if a manager of Federal
land decides that an alternative date is more appropriate because of
climatological or other factors.
Sec. 105. Child Health Day
The President is requested to issue each year a proclamation--
(1) designating the first Monday in October as Child Health
Day; and
(2) inviting all agencies and organizations interested in
child welfare to unite on Child Health Day in observing
exercises that will make the people of the United States aware
of the fundamental necessity of a year-round program to protect
and develop the health of the children of the United States.
Sec. 106. Citizenship Day
(a) Designation.--September 17 is Citizenship Day.
(b) Purpose.--Citizenship Day commemorates the formation and signing
on September 17, 1787, of the Constitution and recognizes all who, by
coming of age or by naturalization, have become citizens.
(c) Proclamation.--The President may issue each year a proclamation
calling on United States Government officials to display the flag of the
United States on all Government buildings on Citizenship Day and
inviting the people of the United States to observe Citizenship Day, in
schools and churches, or other suitable places, with appropriate
ceremonies.
[[Page 112 STAT. 1256]]
(d) State and Local Observances.--The civil and educational
authorities of States, counties, cities, and towns are urged to make
plans for the proper observance of Citizenship Day and for the complete
instruction of citizens in their responsibilities and opportunities as
citizens of the United States and of the State and locality in which
they reside.
Sec. 107. Columbus Day
The President is requested to issue each year a proclamation--
(1) designating the second Monday in October as Columbus
Day;
(2) calling on United States Government officials to display
the flag of the United States on all Government buildings on
Columbus Day; and
(3) inviting the people of the United States to observe
Columbus Day, in schools and churches, or other suitable places,
with appropriate ceremonies that express the public sentiment
befitting the anniversary of the discovery of America.
Sec. 108. Constitution Week
The President is requested to issue each year a proclamation--
(1) designating September 17 through September 23 as
Constitution Week; and
(2) inviting the people of the United States to observe
Constitution Week, in schools, churches, and other suitable
places, with appropriate ceremonies and activities.
Sec. 109. Father's Day
(a) Designation.--The third Sunday in June is Father's Day.
(b) Proclamation.--The President is requested to issue a
proclamation--
(1) calling on United States Government officials to display
the flag of the United States on all Government buildings on
Father's Day;
(2) inviting State and local governments and the people of
the United States to observe Father's Day with appropriate
ceremonies; and
(3) urging the people of the United States to offer public
and private expressions of Father's Day to the abiding love and
gratitude they have for their fathers.
Sec. 110. Flag Day
(a) Designation.--June 14 is Flag Day.
(b) Proclamation.--The President is requested to issue each year a
proclamation--
(1) calling on United States Government officials to display
the flag of the United States on all Government buildings on
Flag Day; and
(2) urging the people of the United States to observe Flag
Day as the anniversary of the adoption on June 14, 1777, by the
Continental Congress of the Stars and Stripes as the official
flag of the United States.
Sec. 111. Gold Star Mother's Day
(a) Designation.--The last Sunday in September is Gold Star Mother's
Day.
[[Page 112 STAT. 1257]]
(b) Proclamation.--The President is requested to issue a
proclamation calling on United States Government officials to display
the flag of the United States on all Government buildings, and the
people of the United States to display the flag and hold appropriate
meetings at homes, churches, or other suitable places, on Gold Star
Mother's Day as a public expression of the love, sorrow, and reverence
of the people for Gold Star Mothers.
Sec. 112. Honor America Days
(a) Designation.--The 21 days from Flag Day through Independence Day
is a period to honor America.
(b) Congressional Declaration.--Congress declares that there be
public gatherings and activities during that period at which the people
of the United States can celebrate and honor their country in an
appropriate way.
Sec. 113. Law Day, U.S.A.
(a) Designation.--May 1 is Law Day, U.S.A.
(b) Purpose.--Law Day, U.S.A., is a special day of celebration by
the people of the United States--
(1) in appreciation of their liberties and the reaffirmation
of their loyalty to the United States and of their rededication
to the ideals of equality and justice under law in their
relations with each other and with other countries; and
(2) for the cultivation of the respect for law that is so
vital to the democratic way of life.
(c) Proclamation.--The President is requested to issue a
proclamation--
(1) calling on all public officials to display the flag of
the United States on all Government buildings on Law Day,
U.S.A.; and
(2) inviting the people of the United States to observe Law
Day, U.S.A., with appropriate ceremonies and in other
appropriate ways, through public entities and private
organizations and in schools and other suitable places.
Sec. 114. Leif Erikson Day
The President may issue each year a proclamation designating October
9 as Leif Erikson Day.
Sec. 115. Loyalty Day
(a) Designation.--May 1 is Loyalty Day.
(b) Purpose.--Loyalty Day is a special day for the reaffirmation of
loyalty to the United States and for the recognition of the heritage of
American freedom.
(c) Proclamation.--The President is requested to issue a
proclamation--
(1) calling on United States Government officials to display
the flag of the United States on all Government buildings on
Loyalty Day; and
(2) inviting the people of the United States to observe
Loyalty Day with appropriate ceremonies in schools and other
suitable places.
Sec. 116. Memorial Day
(a) Designation.--The last Monday in May is Memorial Day.
[[Page 112 STAT. 1258]]
(b) Proclamation.--The President is requested to issue each year a
proclamation--
(1) calling on the people of the United States to observe
Memorial Day by praying, according to their individual religious
faith, for permanent peace;
(2) designating a period of time on Memorial Day during
which the people may unite in prayer for a permanent peace;
(3) calling on the people of the United States to unite in
prayer at that time; and
(4) calling on the media to join in observing Memorial Day
and the period of prayer.
Sec. 117. Mother's Day
(a) Designation.--The second Sunday in May is Mother's Day.
(b) Proclamation.--The President is requested to issue a
proclamation calling on United States Government officials to display
the flag of the United States on all Government buildings, and on the
people of the United States to display the flag at their homes or other
suitable places, on Mother's Day as a public expression of love and
reverence for the mothers of the United States.
Sec. 118. National Aviation Day
The President may issue each year a proclamation--
(1) designating August 19 as National Aviation Day;
(2) calling on United States Government officials to display
the flag of the United States on all Government buildings on
National Aviation Day; and
(3) inviting the people of the United States to observe
National Aviation Day with appropriate exercises to further
stimulate interest in aviation in the United States.
Sec. 119. National Day of Prayer
The President shall issue each year a proclamation designating the
first Thursday in May as a National Day of Prayer on which the people of
the United States may turn to God in prayer and meditation at churches,
in groups, and as individuals.
Sec. 120. National Defense Transportation Day
The President is requested to issue each year a proclamation--
(1) designating the third Friday in May as National Defense
Transportation Day; and
(2) urging the people of the United States, including labor,
management, users, and investors, in all communities served by
the various forms of transportation to observe National Defense
Transportation Day by appropriate ceremonies that will give
complete recognition to the importance to each community and its
people of the transportation system of the United States and the
maintenance of the facilities of the system in the most modern
state of adequacy to serve the needs of the United States in
times of peace and in national defense.
Sec. 121. National Disability Employment Awareness Month
(a) Designation.--October is National Disability Employment
Awareness Month.
[[Page 112 STAT. 1259]]
(b) Ceremonies.--Appropriate ceremonies shall be held throughout the
United States during National Disability Employment Awareness Month to
enlist public support for, and interest in, the employment of workers
with disabilities who are otherwise qualified. Governors, mayors, heads
of other governmental entities, and interested organizations and
individuals are invited to participate in the ceremonies.
(c) Proclamation.--The President is requested to issue each year a
suitable proclamation.
Sec. 122. National Flag Week
The President is requested to issue each year a proclamation--
(1) designating the week in which June 14 falls as National
Flag Week; and
(2) calling on citizens to display the flag of the United
States during National Flag Week.
Sec. 123. National Forest Products Week
(a) Designation.--The week beginning on the third Sunday in October
is National Forest Products Week.
(b) Proclamation.--The President is requested to issue each year a
proclamation calling on the people of the United States to observe
National Forest Products Week with appropriate ceremonies and
activities.
Sec. 124. National Freedom Day
The President may issue each year a proclamation designating
February 1 as National Freedom Day to commemorate the signing by Abraham
Lincoln on February 1, 1865, of the joint resolution adopted by the
Senate and the House of Representatives that proposed the 13th amendment
to the Constitution.
Sec. 125. National Grandparents Day
The President is requested to issue each year a proclamation--
(1) designating the first Sunday in September after Labor
Day as National Grandparents Day; and
(2) calling on the people of the United States and
interested groups and organizations to observe National
Grandparents Day with appropriate ceremonies and activities.
Sec. 126. National Hispanic Heritage Month
The President is requested to issue each year a proclamation--
(1) designating September 15 through October 15 as National
Hispanic Heritage Month; and
(2) calling on the people of the United States, especially
the educational community, to observe National Hispanic Heritage
Month with appropriate ceremonies and activities.
Sec. 127. National Korean War Veterans Armistice Day
(a) Designation.--July 27 of each year until 2003 is National Korean
War Veterans Armistice Day.
(b) Proclamation.--The President is requested to issue each year a
proclamation calling on--
(1) the people of the United States to observe National
Korean War Veterans Armistice Day with appropriate ceremonies
and activities; and
[[Page 112 STAT. 1260]]
(2) all departments, agencies, and instrumentalities of the
United States Government, and interested organizations, groups,
and individuals, to fly the flag of the United States at
halfstaff on July 27 of each year until 2003 in honor of the
individuals who died as a result of their service in Korea.
Sec. 128. National Maritime Day
(a) Designation.--May 22 is National Maritime Day.
(b) Proclamation.--The President is requested to issue each year a
proclamation calling on--
(1) the people of the United States to observe National
Maritime Day by displaying the flag of the United States at
their homes or other suitable places; and
(2) United States Government officials to display the flag
on all Government buildings on National Maritime Day.
Sec. 129. National Pearl Harbor Remembrance Day
(a) Designation.--December 7 is National Pearl Harbor Remembrance
Day.
(b) Proclamation.--The President is requested to issue each year a
proclamation calling on--
(1) the people of the United States to observe National
Pearl Harbor Remembrance Day with appropriate ceremonies and
activities; and
(2) all departments, agencies, and instrumentalities of the
United States Government, and interested organizations, groups,
and individuals, to fly the flag of the United States at
halfstaff each December 7 in honor of the individuals who died
as a result of their service at Pearl Harbor.
Sec. 130. National Poison Prevention Week
The President is requested to issue each year a proclamation
designating the third week in March as National Poison Prevention Week
to aid in encouraging the people of the United States to learn of the
dangers of accidental poisoning and to take preventive measures that are
warranted by the seriousness of the danger.
Sec. 131. National Safe Boating Week
The President is requested to issue each year a proclamation
designating the 7-day period ending on the last Friday before Memorial
Day as National Safe Boating Week.
Sec. 132. National School Lunch Week
(a) Designation.--The week beginning on the second Sunday in October
is National School Lunch Week.
(b) Proclamation.--The President is requested to issue each year a
proclamation calling on the people of the United States to observe
National School Lunch Week with appropriate ceremonies and activities.
Sec. 133. National Transportation Week
The President is requested to issue each year a proclamation--
(1) designating the week that includes the third Friday of
May as National Transportation Week; and
(2) inviting the people of the United States to observe
National Transportation Week with appropriate ceremonies and
[[Page 112 STAT. 1261]]
activities as a tribute to the men and women who, night and day,
move goods and individuals throughout the United States.
Sec. 134. Pan American Aviation Day
The President may issue each year a proclamation--
(1) designating December 17 as Pan American Aviation Day;
and
(2) calling on all officials of the United States
Government, the chief executive offices of the States,
territories, and possessions of the United States, and all
citizens to participate in the observance of Pan American
Aviation Day to further, and stimulate interest in, aviation in
the American countries as an important stimulus to the further
development of more rapid communications and a cultural
development between the countries of the Western Hemisphere.
Sec. 135. Parents' Day
(a) Designation.--The fourth Sunday in July is Parents' Day.
(b) Recognition.--All private citizens, organizations, and Federal,
State, and local governmental and legislative entities are encouraged to
recognize Parents' Day through proclamations, activities, and
educational efforts in furtherance of recognizing, uplifting, and
supporting the role of parents in bringing up their children.
Sec. 136. Peace Officers Memorial Day
The President is requested to issue each year a proclamation--
(1) designating May 15 as Peace Officers Memorial Day in
honor of Federal, State, and local officers killed or disabled
in the line of duty;
(2) directing United States Government officials to display
the flag of the United States at halfstaff on all Government
buildings on Peace Officers Memorial Day, as provided by section
7(m) of title 4, United States Code; and
(3) inviting State and local governments and the people of
the United States to observe Peace Officers Memorial Day with
appropriate ceremonies and activities, including the display of
the flag at halfstaff.
Sec. 137. Police Week
The President is requested to issue each year a proclamation--
(1) designating the week in which May 15 occurs as Police
Week in recognition of the service given by men and women who
stand guard to protect the people of the United States through
law enforcement; and
(2) inviting State and local governments and the people of
the United States to observe Police Week with appropriate
ceremonies and activities, including the display of the flag at
halfstaff.
Sec. 138. Save Your Vision Week
The President is requested to issue each year a proclamation--
(1) designating the first week in March as Save Your Vision
Week;
(2) inviting the governors and mayors of State and local
governments to issue proclamations designating the first week in
March as Save Your Vision Week;
[[Page 112 STAT. 1262]]
(3) inviting the communications media, health care
professions, and other agencies and individuals concerned with
programs for the improvement of vision to unite during Save Your
Vision Week in public activities to convince the people of the
United States of the importance of vision to their welfare and
the welfare of the United States; and
(4) urging the media, health care professions, and other
agencies and individuals to support programs to improve and
protect the vision of the people of the United States.
Sec. 139. Steelmark Month
(a) Designation.--May is Steelmark Month.
(b) Purpose.--Steelmark Month recognizes the tremendous contribution
made by the steel industry in the United States to national security and
defense.
(c) Proclamation.--The President is requested to issue a
proclamation calling on the people of the United States to observe
Steelmark Month with appropriate ceremonies and activities.
Sec. 140. Stephen Foster Memorial Day
The President may issue each year a proclamation--
(1) designating January 13 as Stephen Foster Memorial Day;
and
(2) calling on the people of the United States to observe
Stephen Foster Memorial Day with appropriate ceremonies,
pilgrimages to his shrines, and musical programs featuring his
compositions.
Sec. 141. Thomas Jefferson's birthday
The President shall issue each year a proclamation--
(1) calling on officials of the United States Government to
display the flag of the United States on all Government
buildings on April 13; and
(2) inviting the people of the United States to observe
April 13 in schools and churches, or other suitable places, with
appropriate ceremonies in commemoration of Thomas Jefferson's
birthday.
Sec. 142. White Cane Safety Day
The President may issue each year a proclamation--
(1) designating October 15 as White Cane Safety Day; and
(2) calling on the people of the United States to observe
White Cane Safety Day with appropriate ceremonies and
activities.
Sec. 143. Wright Brothers Day
(a) Designation.--December 17 is Wright Brothers Day.
(b) Purpose.--Wright Brothers Day commemorates the first successful
flights in a heavier than air, mechanically propelled airplane, that
were made by Orville and Wilbur Wright on December 17, 1903, near Kitty
Hawk, North Carolina.
(c) Proclamation.--The President is requested to issue each year a
proclamation inviting the people of the United States to observe Wright
Brothers Day with appropriate ceremonies and activities.
[[Page 112 STAT. 1263]]
CHAPTER 3--NATIONAL ANTHEM, MOTTO, FLORAL EMBLEM, AND MARCH
Sec.
301. National anthem.
302. National motto.
303. National floral emblem.
304. National march.
Sec. 301. National anthem
(a) Designation.--The composition consisting of the words and music
known as the Star-Spangled Banner is the national anthem.
(b) Conduct During Playing.--During a rendition of the national
anthem--
(1) when the flag is displayed--
(A) all present except those in uniform should stand
at attention facing the flag with the right hand over
the heart;
(B) men not in uniform should remove their headdress
with their right hand and hold the headdress at the left
shoulder, the hand being over the heart; and
(C) individuals in uniform should give the military
salute at the first note of the anthem and maintain that
position until the last note; and
(2) when the flag is not displayed, all present should face
toward the music and act in the same manner they would if the
flag were displayed.
Sec. 302. National motto
``In God we trust'' is the national motto.
Sec. 303. National floral emblem
The flower commonly known as the rose is the national floral emblem.
Sec. 304. National march
The composition by John Philip Sousa entitled ``The Stars and
Stripes Forever'' is the national march.
CHAPTER 5--PRESIDENTIAL INAUGURAL CEREMONIES
Sec.
501. Definitions.
502. Regulations, licenses, and registration tags.
503. Use of reservations, grounds, and public spaces.
504. Installation and removal of electrical facilities.
505. Extension of wires along parade routes.
506. Duration of regulations and licenses and publication of
regulations.
507. Application to other property.
508. Enforcement.
509. Penalty.
510. Authorization of appropriations.
Sec. 501. Definitions
For purposes of this chapter--
(1) ``Inaugural Committee'' means the committee appointed by
the President-elect to be in charge of the Presidential
inaugural ceremony and functions and activities connected with
the ceremony; and
(2) ``inaugural period'' means the period that includes the
day on which the Presidential inaugural ceremony is held,
[[Page 112 STAT. 1264]]
the 5 calendar days immediately preceding that day, and the 4
calendar days immediately following that day.
Sec. 502. Regulations, licenses, and registration tags
(a) Regulations and Licenses.--For each inaugural period, the
Council of the District of Columbia shall--
(1) prescribe reasonable regulations necessary to preserve
public order and protect life, health, and property;
(2) prescribe special regulations related to the standing,
movement, and operation of vehicles; and
(3) grant special licenses to peddlers and vendors to sell
merchandise in places the Council considers proper, subject to
conditions and fees for the licenses the Council considers
proper.
(b) Registration Tags.--The Mayor of the District of Columbia may
issue, for any motor vehicle made available for the use of the Inaugural
Committee, special registration tags, valid for not more than 90 days,
designed to celebrate the inauguration of the President and Vice
President.
Sec. 503. Use of reservations, grounds, and public spaces
(a) Permit for Use.--With the approval of the officer having
jurisdiction over any of the Federal reservations or grounds in the
District of Columbia, the Secretary of the Interior may grant to the
Inaugural Committee a permit to use the reservations or grounds during
the inaugural period, including a reasonable time before and after the
inaugural period. The Mayor of the District of Columbia may grant a
similar permit to use public space under the Mayor's jurisdiction. Each
permit granted under this subsection is subject to conditions the
grantor of the permit prescribes.
(b) Reviewing Stands and Commercial Stands and Structures.--A
reviewing stand or a stand or structure for the sale of merchandise,
food, or drink may be built on public grounds in the District of
Columbia only if approved by the Inaugural Committee and by the
Secretary or the Mayor, as appropriate.
(c) Restoration After Inaugural Period.--After the inaugural period,
the reservation, ground, or public space occupied by a stand or
structure shall be restored promptly to its prior condition.
(d) Indemnification.--The Inaugural Committee shall indemnify and
save harmless the District of Columbia and the appropriate department,
agency, or instrumentality of the United States Government against any
loss or damage to, and against any liability arising from the use of,
the reservation, ground, or public space, by the Inaugural Committee or
a licensee of the Inaugural Committee.
Sec. 504. Installation and removal of electrical facilities
(a) Installation.--The Mayor of the District of Columbia may allow
the Inaugural Committee to install suitable overhead conductors and
electrical facilities, with adequate supports. The official in charge of
a park or reservation in the District of Columbia in which it is
necessary to place wires shall supervise the placing and removal of
those wires.
(b) Removal.--The conductors and supports shall be removed not later
than 5 days after the end of the inaugural period.
(c) Indemnification.--The United States Government and the District
of Columbia may not incur any expense or damage from
[[Page 112 STAT. 1265]]
the installation, operation, or removal of a temporary overhead
conductor or electrical facility. The Inaugural Committee shall
indemnify and hold harmless the District of Columbia and the appropriate
department, agency, or instrumentality of the Government against any
loss or damage, and against any liability arising, from any act of the
Inaugural Committee or any agent, licensee, servant, or employee of the
Inaugural Committee in connection with the installation, operation, or
removal of a temporary overhead conductor or electrical facility.
Sec. 505. Extension of wires along parade routes
The Mayor of the District of Columbia, the Secretary of the
Interior, and the Inaugural Committee may allow communications companies
to extend overhead wires to places along a parade route that are
considered convenient for use in connection with the parade and other
inaugural purposes. The wires shall be removed not later than 10 days
after the inaugural period ends.
Sec. 506. Duration of regulations and licenses and publication of
regulations
Regulations prescribed and licenses authorized under this chapter
are effective only during the inaugural period. The regulations shall be
published in at least one daily newspaper published in the District of
Columbia. A penalty prescribed for violating such a regulation may not
be enforced until 5 days after publication.
Sec. 507. Application to other property
This chapter does not apply to the United States Capitol Buildings
or Grounds or other property under the jurisdiction of Congress or a
committee, commission, or officer of Congress. A service or facility
authorized by or under this chapter is available for the property on
request or approval of the joint committee of the Senate and House of
Representatives appointed by the President of the Senate and the Speaker
of the House of Representatives to arrange for the inauguration of the
President-elect and the Vice President-elect.
Sec. 508. Enforcement
The Mayor of the District of Columbia, or other official having
jurisdiction in the premises, shall enforce this chapter, take necessary
precautions to protect the public, and ensure that the pavement of any
street, sidewalk, avenue, or alley disturbed or damaged is restored to
its prior condition.
Sec. 509. Penalty
A person violating a regulation prescribed under this chapter shall
be fined under title 18 or imprisoned for not more than 30 days. A
separate violation occurs under this section for each day the violation
continues.
Sec. 510. Authorization of appropriations
(a) Authorization.--Necessary amounts are authorized to be
appropriated--
(1) to enable the Mayor of the District of Columbia to
provide additional municipal services in the District of
Columbia during the inaugural period, including--
[[Page 112 STAT. 1266]]
(A) employment of personal services without regard
to chapters 33 and 51 and subchapter III of chapter 53
of title 5;
(B) travel expenses of enforcement personnel,
including sanitarians, from other jurisdictions;
(C) the hiring of the means of transportation;
(D) meals for policemen, firemen, and other
municipal employees;
(E) the cost of removing and relocating streetcar
loading platforms, construction, rent, maintenance, and
expenses incident to the operation of temporary public
comfort stations, first-aid stations, and information
booths; and
(F) other incidental expenses in the discretion of
the Mayor; and
(2) to enable the Secretary of the Interior to provide meals
for the members of the United States Park Police during the
inaugural period.
(b) Payment.--Amounts appropriated under--
(1) subsection (a)(1) of this section are payable in the
same way as other appropriations for the expenses of the
District of Columbia; and
(2) subsection (a)(2) of this section are payable in the
same way as other appropriations for the expenses of the
Department of the Interior.
CHAPTER 7--FEDERAL PARTICIPATION IN CARL GARNER FEDERAL LANDS CLEANUP
DAY
Sec.
701. Findings.
702. Definition.
703. Duties of Federal land management agency.
704. Activities.
Sec. 701. Findings
Congress finds that--
(1) Federal lands, parks, recreation areas, and waterways
provide recreational opportunities for millions of Americans
each year;
(2) Federal lands administered by Federal land management
agencies contain valuable wildlife, scenery, natural and
historic features, and other resources which may be damaged by
litter and misuse;
(3) it is in the best interest of the United States and its
citizens to maintain and preserve the beauty, safety, and
availability of these Federal lands;
(4) these Federal land management agencies have been
designated as the caretakers of these Federal lands and are
responsible for maintaining and preserving those areas and
facilities;
(5) there is great value in volunteer involvement in
maintaining and preserving Federal lands for recreational use;
(6) the Federal land management agencies should be concerned
with promoting a sense of pride and ownership among citizens
toward these lands;
(7) the use of citizen volunteers in a national cleanup
effort promotes these goals and encourages the thoughtful use of
these Federal lands and facilities;
[[Page 112 STAT. 1267]]
(8) the positive impact of annual cleanup events held at
various recreation sites has already been proven by steadily
declining levels of litter at these sites; and
(9) a national program for cleaning and maintaining
Federal lands using volunteers will save millions of tax
dollars.
Sec. 702. Definition
For purposes of this chapter, ``Federal land management agency''
includes--
(1) the Forest Service of the Department of Agriculture;
(2) the Bureau of Land Management of the Department of the
Interior;
(3) the National Park Service of the Department of the
Interior;
(4) the Fish and Wildlife Service of the Department of the
Interior;
(5) the Bureau of Reclamation of the Department of the
Interior; and
(6) the Army Corps of Engineers.
Sec. 703. Duties of Federal land management agency
To observe Carl Garner Federal Lands Cleanup Day at the Federal
level, each Federal land management agency shall organize, coordinate,
and participate with citizen volunteers and State and local authorities
in cleaning and providing for the maintenance of Federal public land,
recreation areas, and waterways within the jurisdiction of the agency.
Sec. 704. Activities
In cooperation with appropriate State and local government
authorities, each Federal land management agency shall plan for and
carry out activities on Carl Garner Federal Lands Cleanup Day that--
(1) encourage continuing public and private sector
cooperation in preserving the beauty and safety of areas within
the jurisdiction of the agency;
(2) increase citizens' sense of ownership and community
pride in those areas;
(3) reduce litter on Federal lands, along trails and
waterways, and within those areas; and
(4) maintain and improve trails, recreation areas,
waterways, and facilities.
CHAPTER 9--MISCELLANEOUS
Sec.
901. Service flag and service lapel button.
902. National League of Families POW/MIA flag.
Sec. 901. Service flag and service lapel button
(a) Individuals Entitled To Display Service Flag.--A service flag
approved by the Secretary of Defense may be displayed in a window of the
place of residence of individuals who are members of the immediate
family of an individual serving in the Armed Forces of the United States
during any period of war or hostilities in which the Armed Forces of the
United States are engaged.
(b) Individuals Entitled To Display Service Lapel
Button.--A service lapel button approved by the Secretary may
[[Page 112 STAT. 1268]]
be worn by members of the immediate family of an individual serving in
the Armed Forces of the United States during any period of war or
hostilities in which the Armed Forces of the United States are engaged.
(c) License To Manufacture and Sell Service Flags and Service Lapel
Buttons.--Any person may apply to the Secretary for a license to
manufacture and sell the approved service flag, or the approved service
lapel button, or both. Any person that manufactures a service flag or
service lapel button without having first obtained a license, or
otherwise violates this section is liable to the United States
Government for a civil penalty of not more than $1,000.
(d) Regulations.--The Secretary may prescribe regulations necessary
to carry out this section.
Sec. 902. National League of Families POW/MIA flag
(a) Designation.--The National League of Families POW/MIA flag is
designated as the symbol of our Nation's concern and commitment to
resolving as fully as possible the fates of Americans still prisoner,
missing, and unaccounted for in Southeast Asia, thus ending the
uncertainty for their families and the Nation.
(b) Display.--The flag shall be displayed--
(1) at each national cemetery and at the National Vietnam
Veterans Memorial each year on Memorial Day and Veterans Day and
on any day designated by law as National POW/MIA Recognition
Day; and
(2) on, or on the grounds of, the buildings containing the
primary offices of the Secretaries of State, Defense, and
Veterans Affairs, and the Director of the Selective Service
System on any day designated by law as National POW/MIA
Recognition Day.
(c) Termination of Flag Display Requirement.--Subsection (b) of this
section ceases to apply when the President decides that the fullest
possible accounting has been made of all members of the Armed Forces and
civilian employees of the United States Government who have been
identified as prisoners of war or missing in action in Southeast Asia.
PART B--UNITED STATES GOVERNMENT ORGANIZATIONS INVOLVED WITH OBSERVANCES
AND CEREMONIES
CHAPTER 21--AMERICAN BATTLE MONUMENTS COMMISSION
Sec.
2101. Membership.
2102. Employment of personnel.
2103. Administrative.
2104. Military cemeteries in foreign countries.
2105. Monuments built by the United States Government.
2106. War memorials not built by the United States Government.
2107. National Memorial Cemetery of the Pacific.
2108. Pacific War Memorial and other historical and memorial sites on
Corregidor.
2109. Foreign Currency Fluctuations Account.
2110. Claims against the Commission.
2111. Presidential duties and powers.
2112. Care and maintenance of Surrender Tree site.
[[Page 112 STAT. 1269]]
Sec. 2101. Membership
(a) Composition and Terms.--The American Battle Monuments Commission
has not more than 11 members appointed by the President. The President
also shall appoint one officer of the Regular Army to serve as secretary
of the Commission. The members and secretary serve at the pleasure of
the President. The President shall fill any vacancies that occur.
Notwithstanding any other law, members of the Armed Forces may be
appointed members of the Commission.
(b) Pay and Expenses.--The members of the Commission serve without
compensation. However, the members of the Commission may receive, from
an amount appropriated to carry out this chapter or acquired by another
authorized way--
(1) their actual expenses related to the work of the
Commission;
(2) when in a travel status outside the continental United
States, a per diem at the rate authorized to be paid for members
of the uniformed services under section 405 of title 37, United
States Code, instead of subsistence; and
(3) when in a travel status in the continental United
States, a per diem at the rate authorized to be paid under
sections 5702 and 5703 of title 5, United States Code, instead
of subsistence.
(c) Expenses of Officers of Armed Forces Serving on Commission.--An
officer of the Armed Forces serving as a member or as secretary of the
Commission may be reimbursed for expenses when traveling on business of
the Commission in the same way as civilian members of the Commission.
Sec. 2102. Employment of personnel
(a) General.--Within the limits of an appropriation made to employ
personnel, the American Battle Monuments Commission may employ personnel
necessary to carry out this chapter. To ensure adequate care and
maintenance of cemeteries, monuments, and memorials, the Commission,
subject to the availability of appropriations, shall employ--
(1) at least 50 individuals in the competitive service (as
defined in section 2102 of title 5, United States Code), of whom
at least 43 shall be assigned to duty in foreign countries where
the cemeteries, monuments, and memorials are located; and
(2) at least 348 individuals who are citizens of the
countries where the cemeteries, monuments, and memorials are
located.
(b) Detailed Personnel.--On request of the Commission, the heads of
departments, agencies, and instrumentalities of the United States
Government may make available to the Commission their personnel and
facilities to assist in carrying out this chapter, and may expend for
that purpose amounts appropriated to the department, agency, and
instrumentality. The Commission shall reimburse the department, agency,
or instrumentality for the pay and allowances of designated personnel.
(c) Station Allowance for Officers Assigned to the Commission.--For
officers of the Armed Forces assigned to the Commission, the same
station allowance shall be authorized for serving at foreign stations as
the Secretary of the Army has authorized for officers of the Army.
[[Page 112 STAT. 1270]]
(d) Citizenship Requirement.--An individual may be employed as the
superintendent, or as an assistant superintendent, of a cemetery
operated by the Commission only if the individual is a citizen of the
United States.
Sec. 2103. Administrative
(a) General Authority.--Subject to appropriations made to carry out
this chapter, the American Battle Monuments Commission may--
(1) acquire land or an interest in land in a foreign country
to carry out the purposes of this chapter, or an executive order
conferring duties and powers on the Commission, without
submission to the Attorney General under section 355 of the
Revised Statutes (40 U.S.C. 255);
(2) maintain, repair, and operate motor-propelled passenger-
carrying vehicles and other property that another department,
agency, or instrumentality of the United States Government
provides to the Commission;
(3) establish offices in the District of Columbia and
elsewhere in or outside the United States;
(4) rent office and garage space, which may be paid for in
advance, in foreign countries; and
(5) procure printing, binding, engraving, lithographing,
photographing, and typewriting, including the publication of
information on United States activities, battlefields,
memorials, and cemeteries with respect to which the Commission
may exercise any duties and powers.
(b) Disposition of Land.--Under conditions and in the manner the
Commission decides is proper, the Commission may dispose of land or an
interest in land in a foreign country that the Commission acquires in
connection with its work.
(c) Contracting Out.--Notwithstanding the requirements of existing
laws or regulations, the Commission, under conditions the Commission
decides are necessary and proper, may contract for work, supplies,
materials, and equipment outside or for use outside the United States
and engage the services of architects and other technical and
professional personnel.
(d) Delegation.--Under conditions the Commission may prescribe, the
Commission may delegate to its chairman, secretary, or officials in
charge of any of its offices any of its authority it considers necessary
and proper.
(e) Authority To Receive State, Local, or Private Amounts.--The
Commission may receive State, local, or private amounts to carry out
this chapter. The Commission shall deposit the amounts with the
Treasurer of the United States. The Treasurer shall keep the amounts in
separate accounts and shall disburse the amounts on vouchers approved by
the chairman.
(f ) Limitation on Use of Contributions.--The Commission may not
obligate, withdraw, or expend amounts received as contributions before
March 1, 1998.
(g) Statements to President.--The Commission shall transmit to the
President on October 1 of each year a statement of all its financial and
other transactions during the prior fiscal year.
(h) Financial Statements and Audits.--(1) The Commission shall have
a system of financial controls to enable the Commission to comply with
the requirements of paragraph (2) of this subsection and with section
2106(d)(4) of this title.
[[Page 112 STAT. 1271]]
(2) The Commission shall--
(A) by March 1 of each year (beginning with 1998)--
(i) prepare a financial statement which covers all
accounts and associated activities of the Commission for
the prior fiscal year and is consistent with the
requirements of section 3515 of title 31, United States
Code; and
(ii) submit the financial statement, together with a
narrative summary, to the Committees on Veterans'
Affairs of the Senate and House of Representatives; and
(B) obtain an audit by the Comptroller General of each
financial statement prepared under subparagraph (A) of this
paragraph, which shall be conducted in accordance with
applicable generally accepted government auditing standards and
shall be in lieu of any audit otherwise required by law.
(i) Disposition of Records and Archives.--When no longer required by
the Commission, the records and archives of the Commission shall be
deposited with the National Archives in accordance with section 2107 of
title 44, United States Code.
( j) Seal.--The Commission shall have a seal that shall be
judicially noticed.
(k) Disbursements Outside Continental United States.--Disbursements
for expenditures outside the continental United States may be made by a
special disbursing agent designated by the Commission under regulations
it prescribes.
Sec. 2104. Military cemeteries in foreign countries
When, as a result of combat operations, the Armed Forces establish
military cemeteries in zones of operations outside the United States and
the territories and possessions of the United States, the American
Battle Monuments Commission and the Secretary of the Army, immediately
on the cessation of hostilities, shall decide which of the cemeteries
will become permanent cemeteries or, if they decide it is desirable,
shall select new sites for the cemeteries at any other location. The
Commission is solely responsible for the design and construction of the
permanent cemeteries, and of all buildings, plantings, headstones, and
other permanent improvements incidental to the cemeteries, except that--
(1) the Armed Forces are responsible for maintaining the
permanent cemeteries until the Commission declares its readiness
to assume the authorized administrative duties and
powers;
(2) all construction undertaken by the Armed Forces in
establishing and maintaining the cemetery prior to its transfer
to the Commission shall be nonpermanent;
(3) burials and reburials by the Armed Forces shall be
carried out in accordance with plans prepared by the Commission;
and
(4) the Armed Forces have the right to re-enter a cemetery
transferred to the Commission to exhume or re-inter a body if
they decide it is necessary.
Sec. 2105. Monuments built by the United States Government
(a) Memorials.--The American Battle Monuments Commission shall
prepare plans and estimates to build suitable memorials commemorating
the service of American Armed Forces, and shall build and maintain
memorials in the United States and, as the
[[Page 112 STAT. 1272]]
Commission decides, at any place outside the United States where the
Armed Forces have served since April 6, 1917.
(b) Architecture and Art.--The Commission shall build and maintain
works of architecture and art in United States cemeteries located
outside the United States and the territories and possessions of the
United States that are permanent cemeteries. The Secretary of Veterans
Affairs shall maintain works of architecture and art built by the
Commission in the National Cemetery System, as described in section
2400(b) of title 38.
(c) Control and Supervision of Materials, Design, and Building.--(1)
The Commission shall control the materials and design and prescribe
regulations for, and supervise the building of, all memorial monuments
and buildings in United States cemeteries located outside the United
States and the territories and possessions of the United States.
(2) The Commission shall control the design and prescribe
regulations for the building of all memorial monuments and buildings
commemorating the service of American Armed Forces that are built in a
foreign country or political division of the foreign country that
authorizes the Commission to carry out those duties and powers.
(d) Approval by National Commission of Fine Arts.--A design for a
memorial must be approved by the National Commission of Fine Arts before
the Commission can accept it.
Sec. 2106. War memorials not built by the United States Government
(a) Cooperation With Others.--The American Battle Monuments
Commission may cooperate with citizens of the United States, States,
municipalities, or associations desiring to build war memorials outside
the continental limits of the United States in the way the Commission
decides. An administrative agency of the United States Government may
give assistance to build the memorial only if a plan for the memorial
has been approved under this chapter.
(b) Control, Administration, and Maintenance of War Memorials.--(1)
The Commission may assume responsibility for the control,
administration, and maintenance of any war memorial built outside the
United States by a citizen of the United States, a State, a political
subdivision of a State, a governmental authority (except a department,
agency, or instrumentality of the United States Government), a foreign
agency, or a private association to commemorate the services of any of
the Armed Forces in hostilities occurring since April 6, 1917, if--
(A) the memorial is not built on the territory of the
applicable former enemy; and
(B) the sponsors of the memorial consent to the Commission
assuming those responsibilities and transfer to the Commission
all their rights and interests in the memorial.
(2) If reasonable effort fails to locate the sponsors of a memorial,
the Commission may assume responsibility for the memorial under this
subsection by agreement with the appropriate foreign authorities. A
decision of the Commission to assume responsibility for a war memorial
under this subsection is final.
(3) Sponsors of a war memorial for which the Commission assumes
responsibility under this subsection may transfer amounts accumulated to
maintain and repair the memorial to the Commission for use in carrying
out this chapter. Except as provided in
[[Page 112 STAT. 1273]]
subsection (c) of this section, the Commission shall deposit transferred
amounts as provided in section 2103(e) of this title.
(c) Arrangements for Repair or Long-Term Maintenance of Memorials.--
In assuming responsibility for a war memorial under subsection (b)(1) or
(2) of this section, the Commission may arrange with the sponsors of the
memorial to provide for repair or long-term maintenance of the memorial.
An amount transferred to the Commission for the purpose of this
subsection shall be deposited by the Commission in the fund established
under subsection (d) of this section.
(d) Fund for Arrangements for Repair or Long-Term Maintenance of
Memorials.--(1) There is a fund in the Treasury that is available to the
Commission for expenses of repair and long-term maintenance of memorials
for which the Commission has made arrangements under subsection (c) of
this section. The fund consists of--
(A) amounts deposited into, and interest and proceeds
credited to, the fund under paragraph (2) of this subsection;
and
(B) obligations obtained under paragraph (3) of this
subsection.
(2) The Commission shall deposit into the fund the amounts that are
accepted under subsection (c) of this section. The Secretary of the
Treasury shall credit to the fund the interest on, and the proceeds from
the sale or redemption of, obligations held in the fund.
(3) The Secretary shall invest any part of the fund that the
Commission decides is not required to meet current expenses. Each
investment shall be made in an interest-bearing obligation of the United
States Government, or an obligation that has its principal and interest
guaranteed by the Government, that the Commission decides has a maturity
suitable for the fund.
(4) The Commission shall separately account for all amounts
deposited in and expended from the fund for each war memorial for which
an arrangement for repair or long-term maintenance is made under
subsection (c) of this section.
(e) Demolition of War Memorial Built in a Foreign
Country and Disposition of Site.--The Commission may take necessary
action to demolish any war memorial built outside the United States by a
citizen of the United States, a State, a political subdivision of a
State, a governmental authority (except a department, agency, or
instrumentality of the United States Government), a foreign agency, or a
private association and to dispose of the site of the memorial in a way
the Commission decides is proper, if--
(1) the appropriate foreign authorities agree to the
demolition; and
(2)(A) the sponsor of the memorial consents to the
demolition; or
(B) the memorial has fallen into disrepair and a reasonable
effort by the Commission has failed--
(i) to persuade the sponsor to maintain the memorial
at a standard acceptable to the Commission; or
(ii) to locate the sponsor.
[[Page 112 STAT. 1274]]
Sec. 2107. National Memorial Cemetery of the Pacific
With the consent of the Secretary of Veterans Affairs, the American
Battle Monuments Commission may build works of architecture and art in
the National Memorial Cemetery of the Pacific.
Sec. 2108. Pacific War Memorial and other historical and memorial sites
on Corregidor
(a) General.--After an agreement is made between the Government of
the Republic of the Philippines and the United States Government, the
American Battle Monuments Commission shall restore, operate, and
maintain the Pacific War Memorial and other historical and memorial
sites on Corregidor.
(b) Personnel.--The Commission may employ necessary personnel to
carry out this section.
(c) Use of Other Departments, Agencies, and Instrumentalities.--
Departments, agencies, and instrumentalities of the United States
Government may assist the Commission, on a reimbursable basis, in
carrying out this section.
(d) Authority To Solicit Contributions.--To carry out this section,
the Commission may solicit and accept private contributions and shall
deposit the contributions in the fund established by subsection (f ) of
this section.
(e) Use of Private Amounts.--The Commission shall carry out this
section with private amounts except to the extent amounts are
appropriated under subsection (g) of this section.
(f ) Fund.--(1) There is a fund in the Treasury that is available to
the Commission only to carry out this section. The fund consists of--
(A) amounts deposited into, and interest and proceeds
credited to, the fund under paragraph (2) of this subsection;
and
(B) obligations obtained under paragraph (3) of this
subsection.
(2) The Chairman of the Commission shall deposit into the fund the
amounts that are accepted under subsection (d) of this section. The
Secretary of the Treasury shall credit to the fund the interest on, and
the proceeds from the sale or redemption of, obligations held in the
fund.
(3) The Secretary shall invest any part of the fund that the
Chairman decides is not required to meet current expenses. Each
investment shall be made in an interest-bearing obligation of the United
States Government, or an obligation that has its principal and interest
guaranteed by the Government, that the Chairman decides has a maturity
suitable for the fund.
(4) Amounts in the fund exceeding the cost of carrying out this
section, as decided by the Chairman, shall be deposited in the Treasury
as miscellaneous receipts to reimburse the United States Government for
amounts appropriated under subsection (g) of this section.
(g) Authorization of Appropriations.--There are authorized to be
appropriated--
(1) $6,000,000 for site preparation, design, planning,
construction, and associated administrative costs for the
restoration of the Memorial and other historical and memorial
sites referred to in subsection (a) of this section; and
[[Page 112 STAT. 1275]]
(2) amounts necessary to operate and maintain the Memorial
and those other historical and memorial sites.
Sec. 2109. Foreign Currency Fluctuations Account
(a) Establishment and Purpose.--There is an account in the Treasury
known as the ``Foreign Currency Fluctuations, American Battle Monuments
Commission, Account''. The Account shall be used to provide amounts, in
addition to amounts appropriated for salaries and expenses of the
Commission, to pay the cost of salaries and expenses that exceeds the
amount appropriated for salaries and expenses because of fluctuations in
currency exchange rates of foreign countries occurring after a budget
request for the Commission is submitted to Congress. The Account may not
be used for any other purpose.
(b) Increase in Permissible Obligations of Amounts.--A provision of
law limiting the amounts the Commission may obligate in a fiscal year
shall be increased to the extent necessary to reflect fluctuations in
exchange rates from those used in preparing the budget submission.
(c) Transferred Amounts.--(1) Amounts in the Account may be
transferred to amounts appropriated for salaries and expenses of the
Commission. Transferred amounts shall be merged with, and are available
for the same time period as, the appropriation to which they are
applied.
(2) Amounts transferred from the Account may be transferred back--
(A) if the amounts are not needed to pay obligations
incurred because of fluctuations in currency exchange rates of
foreign countries in the appropriation to which the amounts were
originally transferred; or
(B) because of subsequent favorable fluctuations in the
rates or because other amounts are, or become, available to pay
the obligations.
(3) Amounts transferred to an appropriation under this subsection
may not be transferred back to the Account after the end of the 2d
fiscal year after the fiscal year in which the appropriation was
available for obligation.
(d) Recording of Obligations and Fluctuations in Exchange Rates.--An
obligation of the Commission payable in the currency of a foreign
country may be recorded as an obligation based on exchange rates used in
preparing a budget submission. A change reflecting fluctuations in
exchange rates may be recorded as a disbursement is made.
(e) Unobligated Balances.--The unobligated balance of an
appropriation for salaries and expenses may be transferred to the
Account not later than the end of the second fiscal year following the
fiscal year for which the appropriation was made. The unobligated
balance shall be merged with, and be available for the same period and
purposes as, the Account.
(f ) Annual Report.--The Commission each year shall submit to the
appropriate committees of Congress a report on amounts transferred under
this section.
(g) Authorization of Appropriations.--There is authorized to be
appropriated $3,000,000 to the Account.
[[Page 112 STAT. 1276]]
Sec. 2110. Claims against the Commission
A claim against the American Battle Monuments Commission that is
similar to a claim described in section 2734 of title 10, that is based
on damage to, or loss or destruction of, property, or personal injury or
death of an individual, and that is caused by the negligent or wrongful
act or omission of an officer or civilian employee of the Commission
acting within the scope of the officer's or employee's office or
employment, may be settled, decided, and paid as provided in section
2734 for the settlement of Army claims. However, the Secretary of the
Army may appoint an officer or employee of the Commission to a claims
commission or as an officer to approve settlements of claims made by the
claims commission. All payments in settlement of a claim shall be made
out of appropriations made to carry out this chapter.
Sec. 2111. Presidential duties and powers
(a) Arrangements With Foreign Countries.--The President is requested
to make the necessary arrangements with the proper authorities of the
appropriate foreign countries to enable the American Battle Monuments
Commission to carry out this chapter.
(b) Transfer of Administrative Duties and Powers and Supplies,
Material, and Equipment to Commission.--(1) The President by executive
order may transfer to the Commission--
(A) the same administrative duties and powers related to a
permanent military cemetery located outside the United States
and the territories and possessions of the United States that
were transferred to the Commission by Executive Order 6614,
February 26, 1934, and Executive Order 10057, May 14, 1949, as
amended by Executive Order 10087, December 3, 1949; and
(B) supplies, material, and equipment located in the
permanent military cemetery or in a military depot overseas
that--
(i) the Department of Defense does not need; and
(ii) the Commission requests to carry out the duties
and powers specified in clause (A) of this paragraph.
(2) After a transfer under this subsection, the Commission shall
maintain the cemetery and all improvements in it.
Sec. 2112. Care and maintenance of Surrender Tree site
The American Battle Monuments Commission is responsible for the care
and maintenance of the Surrender Tree site in Santiago, Cuba.
CHAPTER 23--UNITED STATES HOLOCAUST MEMORIAL COUNCIL
Sec.
2301. Establishment and purposes.
2302. Membership.
2303. Executive Director.
2304. Gifts, bequests, and devises of property.
2305. Memorial museum.
2306. Audits.
2307. Administrative.
2308. Annual report.
2309. Authorization of appropriations.
[[Page 112 STAT. 1277]]
Sec. 2301. Establishment and purposes
The United States Holocaust Memorial Council is an independent
establishment of the United States Government. The Council shall--
(1) provide for appropriate ways for the Nation to
commemorate the Days of Remembrance as an annual, national,
civic commemoration of the Holocaust;
(2) encourage and sponsor appropriate observances of the
Days of Remembrance throughout the United States;
(3) plan, construct, and operate a permanent living memorial
museum to the victims of the Holocaust in cooperation with the
Secretary of the Interior and other departments, agencies, and
instrumentalities of the United States Government as provided in
section 2305 of this title; and
(4) develop a plan for carrying out the recommendations of
the President's Commission on the Holocaust in its report to the
President of September 27, 1979, to the extent the
recommendations are not otherwise provided for in this chapter.
Sec. 2302. Membership
(a) Composition.--(1) The United States Holocaust Memorial Council
consists of 65 voting members and the following ex officio nonvoting
members:
(A) one appointed by the Secretary of the Interior.
(B) one appointed by the Secretary of State.
(C) one appointed by the Secretary of Education.
(2) Of the 65 voting members--
(A) the President of the United States appoints 55;
(B) the Speaker of the House of Representatives appoints
five from among members of the House of Representatives; and
(C) the President pro tempore of the Senate appoints five,
on the recommendation of the majority and minority leaders, from
among members of the Senate.
(b) Terms of Office.--(1) Except as provided in this subsection,
Council members serve for terms of 5 years.
(2) The terms of the five members of the House of Representatives
and the five members of the Senate appointed during a term of Congress
expire at the end of that term of Congress.
(c) Chairperson and Vice Chairperson.--The President of the United
States shall appoint the Chairperson and Vice Chairperson of the Council
from among the members of the Council. The Chairperson and Vice
Chairperson serve for terms of 5 years.
(d) Vacancies.--(1) A vacancy on the Council shall be filled in the
same manner as the original appointment was made.
(2) A member appointed to fill a vacancy occurring before the
expiration of the term for which the predecessor was appointed shall be
appointed only for the remainder of the term. A member, except a Member
of Congress appointed by the Speaker of the House of Representatives or
the President pro tempore of the Senate, may serve after the expiration
of a term until a successor takes office.
(3) The President of the United States fills a vacancy in the
offices of the Chairperson and Vice Chairperson.
(e) Reappointment.--A member whose term expires may be reappointed.
The Chairperson and Vice Chairperson may be reappointed to those
offices.
[[Page 112 STAT. 1278]]
(f ) Pay and Expenses.--(1) Except as provided in paragraph (2) of
this subsection, members of the Council may be paid the daily equivalent
of the maximum annual rate of basic pay payable under section 5376 of
title 5 for each day (including traveltime) during which they perform
duties of the Council. A member is entitled to travel expenses,
including a per diem allowance, as provided under section 5703 of title
5, United States Code.
(2) Members who are full-time officers or employees of the United
States Government or Members of Congress may not receive additional pay
because of their service on the Council.
(g) Associated Committees.--Subject to appointment by the
Chairperson, an individual who is not a member of the Council may be
designated as a member of a committee associated with the Council. The
individual serves without cost to the Government.
Sec. 2303. Executive Director
(a) Appointment and Pay.--The Chairperson of the United States
Holocaust Memorial Council shall appoint an Executive Director, subject
to confirmation by the Council. The Executive Director may be paid with
nonappropriated funds. However, if the Executive Director is paid with
appropriated funds, the rate of pay shall be a rate that is not more
than the maximum rate of basic pay payable under section 5376 of title
5, United States Code. The Executive Director serves at the pleasure of
the Council.
(b) Duties and Powers.--The Executive Director may--
(1) appoint employees in the competitive service subject to
chapter 51 and subchapter III of chapter 53 of title 5, United
States Code;
(2) appoint and fix the compensation (at a rate that is not
more than the maximum rate of basic pay payable under section
5376 of title 5, United States Code) of not more than three
employees, notwithstanding any other law; and
(3) implement decisions of the Council, in the manner the
Council directs, and carry out other functions the Council, the
Executive Committee of the Council, or the Chairperson assigns.
Sec. 2304. Gifts, bequests, and devises of property
(a) General.--The United States Holocaust Memorial Council may
solicit, accept, own, administer, invest, and use gifts, bequests, and
devises of property to aid or facilitate the construction, maintenance,
and operation of the memorial museum. The property and the proceeds of
the property shall be used as nearly as possible in accordance with the
terms of the gift, bequest, or devise donating the property. Funds
donated to and accepted by the Council under this section are not
considered appropriated funds and are not subject to any requirements or
restrictions applicable to appropriated funds.
(b) Tax Treatment.--For the purposes of Federal income, estate, and
gift taxes, property accepted under this section is deemed to be a gift,
bequest, or devise to the United States Government.
Sec. 2305. Memorial museum
(a) Transfer or Purchase of Real Property in the District of
Columbia.--For the purpose of establishing the memorial museum, and with
the approval of the Secretary of the Interior
[[Page 112 STAT. 1279]]
in consultation with the Commission of Fine Arts and the National
Capital Planning Commission--
(1) a department, agency, or instrumentality of the United
States Government may transfer to the administrative
jurisdiction of the United States Holocaust Memorial Council,
any real property in the District of Columbia that is under the
administrative jurisdiction of the department, agency, or
instrumentality and that the Council considers suitable for the
memorial museum; and
(2) the Council may purchase, with the consent of the owner,
any real property within the District of Columbia that the
Council considers suitable for the memorial museum.
(b) Architectural Design Approval.--The architectural design for the
memorial museum is subject to the approval of the Secretary of the
Interior, in consultation with the Commission of Fine Arts and the
National Capital Planning Commission.
(c) Insurance.--The Council shall maintain insurance on the memorial
museum to cover the risks, in the amount, and containing the terms the
Council considers necessary.
Sec. 2306. Audits
When requested by Congress, the Comptroller General shall audit
financial transactions of the United States Holocaust Memorial Council,
including those involving donated funds, under generally accepted
auditing standards. The Council shall make available for an audit under
this section all records, items, or property used by the Council that
are necessary for the audit. The Council shall provide facilities for
verifying transactions with the balances.
Sec. 2307. Administrative
(a) Bylaws.--(1) The United States Holocaust Memorial Council shall
adopt bylaws to carry out its functions under this chapter.
(2) The Chairperson of the Council may waive a bylaw when the
Chairperson decides the waiver is in the best interest of the Council.
Immediately after waiving a bylaw, the Chairperson shall send written
notice to every voting member of the Council. The waiver becomes final
30 days after the notice is sent unless a majority of Council members
disagrees in writing before the end of the 30-day period.
(b) Quorum.--One-third of the members of the Council is a quorum. A
vacancy in the Council does not affect its power to function.
(c) Experts and Consultants.--The Council may procure the temporary
or intermittent services of experts or consultants under section 3109 of
title 5, United States Code, at rates that are not more than the daily
equivalent of the maximum annual rate of basic pay payable under section
5376 of title 5, United States Code.
(d) Contract Authority.--In accordance with applicable law, the
Council may make contracts or other arrangements with public agencies or
authorities and with private organizations and persons and may make
payments necessary to carry out its functions under this chapter.
(e) Assistance From Other United States Government Departments,
Agencies, and Instrumentalities.--The Secretary of the Smithsonian
Institution, the Library of Congress, and all departments, agencies, and
instrumentalities in the executive
[[Page 112 STAT. 1280]]
branch of the United States Government may assist the Council in
carrying out its functions under this chapter.
(f ) Administrative Services and Support.--The Secretary of the
Interior may provide administrative services and support to the Council
on a reimbursable basis.
Sec. 2308. Annual report
Each year, the Executive Director of the United States Holocaust
Memorial Council shall submit to Congress a report on the Executive
Director's stewardship of the authority to construct, maintain, and
operate the memorial museum, including an accounting of all financial
transactions involving donated funds.
Sec. 2309. Authorization of appropriations
(a) General.--Amounts necessary to carry out this chapter are
authorized to be appropriated for each of the fiscal years ending
September 30, 1997-2000. Notwithstanding any other law, necessary
amounts are authorized to be appropriated to the Council to obtain, from
a private insurance carrier, insurance against loss in connection with
the memorial museum and related property and exhibits.
(b) Use of Amounts for Construction Barred.--Amounts authorized
under this chapter may not be used for construction.
(c) Prior Authority Required.--Authority to make contracts and to
make payments under this chapter, using amounts authorized to be
appropriated under this section, are effective only to the extent, and
in amounts, provided in advance in an appropriations law.
CHAPTER 25--PRESIDENT'S COMMITTEE ON EMPLOYMENT OF PEOPLE WITH
DISABILITIES
Sec.
2501. Acceptance of voluntary services and money or property.
2502. Authorization of appropriations.
Sec. 2501. Acceptance of voluntary services and money or
property
The President's Committee on Employment of People With
Disabilities--
(1) notwithstanding section 1342 of title 31, may accept
voluntary and uncompensated services; and
(2) may accept, use, and dispose of any money or property
the Committee receives.
Sec. 2502. Authorization of appropriations
(a) General.--Amounts necessary for the work of the President's
Committee on Employment of People With Disabilities are authorized to be
appropriated for the fiscal year ending September 30, 1997, to be
expended in the manner and by agencies the President may direct.
(b) Uses.--Amounts appropriated under this section are to be used to
carry out the purposes of the National Disability Employment Awareness
Month and to enable the President to provide the Committee with adequate
personnel to assist in its activities, and otherwise to provide the
Committee with the means of carrying out a program to promote the
employment of individuals with disabilities, by--
[[Page 112 STAT. 1281]]
(1) creating interest throughout the United States in the
rehabilitation and employment of such individuals; and
(2) obtaining and maintaining cooperation from all public
and private groups in the field.
SUBTITLE II--PATRIOTIC AND NATIONAL ORGANIZATIONS
PART A--GENERAL
Chapter Sec.
GENERAL 10101
PART B--ORGANIZATIONS
AGRICULTURAL HALL OF FAME 20101
AMERICAN ACADEMY OF ARTS AND LETTERS 20301
AMERICAN CHEMICAL SOCIETY 20501
AMERICAN COUNCIL OF LEARNED SOCIETIES 20701
AMERICAN EX-PRISONERS OF WAR 20901
AMERICAN GOLD STAR MOTHERS, INCORPORATED 21101
AMERICAN HISTORICAL ASSOCIATION 21301
AMERICAN HOSPITAL OF PARIS 21501
THE AMERICAN LEGION 21701
THE AMERICAN NATIONAL THEATER AND ACADEMY 21901
THE AMERICAN SOCIETY OF INTERNATIONAL LAW 22101
AMERICAN SYMPHONY ORCHESTRA LEAGUE 22301
AMERICAN WAR MOTHERS 22501
AMVETS (AMERICAN VETERANS OF WORLD WAR II,
KOREA,
AND VIETNAM) 22701
ARMY AND NAVY UNION OF THE UNITED STATES OF AMER-
ICA 22901
AVIATION HALL OF FAME 23101
BIG BROTHERS--BIG SISTERS OF AMERICA 30101
BLINDED VETERANS ASSOCIATION 30301
BLUE STAR MOTHERS OF AMERICA, INC. 30501
BOARD FOR FUNDAMENTAL EDUCATION 30701
BOY SCOUTS OF AMERICA 30901
BOYS & GIRLS CLUBS OF AMERICA 31101
CATHOLIC WAR VETERANS OF THE UNITED STATES OF AMER-
ICA, INCORPORATED 40101
CIVIL AIR PATROL 40301
CONGRESSIONAL MEDAL OF HONOR SOCIETY OF THE UNIT-
ED STATES OF AMERICA 40501
CORPORATION FOR THE PROMOTION OF RIFLE
PRACTICE
AND FIREARMS SAFETY 40701
DAUGHTERS OF UNION VETERANS OF THE CIVIL WAR 1861-
1865 50101
DISABLED AMERICAN VETERANS 50301
82ND AIRBORNE DIVISION ASSOCIATION, INCORPORATED 60101
FLEET RESERVE ASSOCIATION 70101
FORMER MEMBERS OF CONGRESS 70301
THE FOUNDATION OF THE FEDERAL BAR ASSOCIATION 70501
FREDERICK DOUGLASS MEMORIAL AND HISTORICAL ASSO-
CIATION 70701
FUTURE FARMERS OF AMERICA 70901
GENERAL FEDERATION OF WOMEN'S CLUBS 80101
GIRL SCOUTS OF THE UNITED STATES OF AMERICA 80301
GOLD STAR WIVES OF AMERICA 80501
[RESERVED] 90101
ITALIAN AMERICAN WAR VETERANS OF THE UNITED STATES 100101
JEWISH WAR VETERANS OF THE UNITED STATES OF AMER-
ICA, INCORPORATED 110101
JEWISH WAR VETERANS, U.S.A., NATIONAL MEMORIAL,
IN-
CORPORATED 110301
[RESERVED] 120101
LADIES OF THE GRAND ARMY OF THE REPUBLIC 130101
LEGION OF VALOR OF THE UNITED STATES OF AMERICA, IN-
[[Page 112 STAT. 1282]]
CORPORATED 130301
LITTLE LEAGUE BASEBALL, INCORPORATED 130501
MARINE CORPS LEAGUE 140101
THE MILITARY CHAPLAINS ASSOCIATION OF THE
UNITED
STATES OF AMERICA 140301
MILITARY ORDER OF THE PURPLE HEART OF THE
UNITED
STATES OF AMERICA, INCORPORATED 140501
MILITARY ORDER OF THE WORLD WARS 140701
NATIONAL ACADEMY OF PUBLIC ADMINISTRATION 150101
NATIONAL ACADEMY OF SCIENCES 150301
NATIONAL CONFERENCE OF STATE SOCIETIES,
WASHING-
TON, DISTRICT OF COLUMBIA 150501
NATIONAL CONFERENCE ON CITIZENSHIP 150701
NATIONAL COUNCIL ON RADIATION PROTECTION AND MEAS-
UREMENTS 150901
NATIONAL EDUCATION ASSOCIATION OF THE UNITED
STATES 151101
NATIONAL FALLEN FIREFIGHTERS FOUNDATION 151301
NATIONAL FEDERATION OF MUSIC CLUBS 151501
NATIONAL FILM PRESERVATION FOUNDATION 151701
NATIONAL FUND FOR MEDICAL EDUCATION 151901
NATIONAL MINING HALL OF FAME AND MUSEUM 152101
NATIONAL MUSIC COUNCIL 152301
NATIONAL SAFETY COUNCIL 152501
NATIONAL SKI PATROL SYSTEM, INCORPORATED 152701
NATIONAL SOCIETY, DAUGHTERS OF THE AMERICAN
COLO-
NISTS 152901
THE NATIONAL SOCIETY OF THE DAUGHTERS OF THE AMER-
ICAN REVOLUTION 153101
NATIONAL SOCIETY OF THE SONS OF THE AMERICAN REVO-
LUTION 153301
NATIONAL TROPICAL BOTANICAL GARDEN 153501
NATIONAL WOMAN'S RELIEF CORPS, AUXILIARY TO THE
GRAND ARMY OF THE REPUBLIC 153701
THE NATIONAL YOEMEN F 153901
NAVAL SEA CADET CORPS 154101
NAVY CLUB OF THE UNITED STATES OF AMERICA 154301
NAVY WIVES CLUBS OF AMERICA 154501
NON COMMISSIONED OFFICERS ASSOCIATION OF THE UNIT-
ED STATES OF AMERICA, INCORPORATED 154701
[RESERVED] 160101
PARALYZED VETERANS OF AMERICA 170101
PEARL HARBOR SURVIVORS ASSOCIATION 170301
POLISH LEGION OF AMERICAN VETERANS, U.S.A. 170501
[RESERVED] 180101
RESERVE OFFICERS ASSOCIATION OF THE UNITED STATES 190101
RETIRED ENLISTED ASSOCIATION, INCORPORATED 190301
SOCIETY OF AMERICAN FLORISTS AND ORNAMENTAL HORTI-
CULTURISTS 200101
SONS OF UNION VETERANS OF THE CIVIL WAR 200301
THEODORE ROOSEVELT ASSOCIATION 210101
369TH VETERANS' ASSOCIATION 210301
UNITED SERVICE ORGANIZATIONS, INCORPORATED 220101
UNITED STATES CAPITOL HISTORICAL SOCIETY 220301
UNITED STATES OLYMPIC COMMITTEE 220501
UNITED STATES SUBMARINE VETERANS OF WORLD WAR II 220701
VETERANS OF FOREIGN WARS OF THE UNITED STATES 230101
VETERANS OF WORLD WAR I OF THE UNITED STATES
OF
AMERICA, INCORPORATED 230301
VIETNAM VETERANS OF AMERICA, INC. 230501
WOMEN'S ARMY CORPS VETERANS' ASSOCIATION 240101
[RESERVED] 250101
[RESERVED] 260101
[RESERVED] 270101
[[Page 112 STAT. 1283]]
PART A--GENERAL
CHAPTER 101--GENERAL
Sec.
10101. Audits.
10102. Reservation of right to amend or repeal.
Sec. 10101. Audits
(a) General.--Except as otherwise provided, the financial statements
of each corporation in part B of this subtitle shall be audited annually
in accordance with generally accepted auditing standards by an
independent certified public accountant or independent licensed public
accountant, certified or licensed by a regulatory authority of a State
or other political subdivision of the United States. The audit shall be
conducted where the financial statements of the corporation normally are
kept. The person conducting the audit shall be given access to--
(1) all records and property owned or used by the
corporation necessary to facilitate the audit; and
(2) full facilities for verifying transactions with the
balances or securities held by depositories, fiscal agents, and
custodians.
(b) Report.--(1) The corporation shall submit a report of the audit
to Congress not later than 6 months after the close of the fiscal year
for which the audit is made. The report shall describe the scope of the
audit and include--
(A) statements necessary to present fairly the corporation's
assets, liabilities, and surplus or deficit, and an analysis of
the changes in those amounts during the year;
(B) a statement in reasonable detail of the corporation's
income and expenses during the year including the results of any
trading, manufacturing, publishing, or other commercial-type
endeavor; and
(C) the independent auditor's opinion of those statements.
(2) The report may not be printed as a public document, except as
part of proceedings authorized to be printed under section 1332 of title
44.
Sec. 10102. Reservation of right to amend or repeal
(a) General.--Congress reserves the right to amend or repeal the
provisions of part B of this subtitle.
(b) Nonapplication.--Subsection (a) of this section does not apply
to chapters 213, 407, 801, 1403, 1503 (except section 150302(b)), 1513,
1517, 1531, and 1539 of this title.
PART B--ORGANIZATIONS
CHAPTER 201--AGRICULTURAL HALL OF FAME
Sec.
20101. Organization.
20102. Purposes.
20103. Membership.
20104. Governing body.
20105. Powers.
20106. Restrictions.
20107. Principal office.
20108. Records and inspection.
20109. Service of process.
20110. Liability for acts of officers and agents.
20111. Use of assets on dissolution or final liquidation.
[[Page 112 STAT. 1284]]
Sec. 20101. Organization
(a) Federal Charter.--Agricultural Hall of Fame (in this chapter,
the ``corporation'') is a federally chartered corporation.
(b) Perpetual Existence.--Except as otherwise provided, the
corporation has perpetual existence.
Sec. 20102. Purposes
The purposes of the corporation are--
(1) to receive and maintain one or more funds and to use any
part of the principal or interest only for charitable,
scientific, literary, or educational purposes either directly or
by contributing to organizations authorized to carry on similar
activities;
(2) to honor farmers, farm women, farm leaders, teachers,
scientists, inventors, governmental leaders, and other
individuals who have helped make this Nation great by their
outstanding contributions to the establishment, development,
advancement, or improvement of agriculture in the United States;
(3) to perpetuate the memory of those individuals and record
their contributions and achievements by the erection and
maintenance of buildings and monuments as may be appropriate as
a lasting memorial;
(4) to promote a greater sense of appreciation of the
dignity and importance of agriculture, historically carried out
through owner-operated farms, and the part it has played in
developing those social, economic, and spiritual values which
are essential in maintaining the free and democratic
institutions of our Republic;
(5) to establish and maintain a library and museum for the
collection and preservation for posterity of agricultural tools,
implements, machines, vehicles, pictures, paintings, books,
papers, documents, data, relics, mementos, artifacts, and other
items relating to agriculture;
(6) to cooperate with other organizations interested in
similar projects; and
(7) to engage in other activities appropriate to carry out
its purposes.
Sec. 20103. Membership
(a) Eligibility.--Except as provided in this chapter, eligibility
for membership in the corporation and the rights, privileges, and
designation of classes of members are as provided in the bylaws.
(b) Voting.--Each member given voting rights by the bylaws has one
vote on each matter submitted to a vote at a meeting of the voting
members. The vote may be cast in the manner provided in the bylaws.
Sec. 20104. Governing body
(a) Board of Governors.--(1) The board of governors is the governing
body of the corporation. Between meetings of the members of the
corporation, the board is responsible for the general policies and
program of the corporation and for the control of all funds of the
corporation.
(2) The number of governors, their manner of selection (including
the filling of vacancies), and their term of office are as provided in
the bylaws. However, the board shall have at least 15 members.
[[Page 112 STAT. 1285]]
(3) The board may appoint committees. Each committee has the powers
provided in the bylaws or by resolution of the board. The powers of a
committee may include all the powers of the board.
(b) Officers.--(1) The officers of the corporation are a president,
one or more one vice presidents as provided in the bylaws, a secretary,
a treasurer, one or more assistant secretaries and assistant treasurers,
and other officers as provided in the bylaws.
(2) The manner of election, term of office, and duties of the
officers are as provided in the bylaws.
Sec. 20105. Powers
The corporation may--
(1) adopt and amend bylaws for the management of its
property and the regulation of its affairs;
(2) adopt and alter a corporate seal;
(3) choose officers, managers, agents, and employees as the
activities of the corporation require;
(4) make contracts;
(5) acquire, own, lease, encumber, and transfer property as
necessary or convenient to carry out the purposes of the
corporation;
(6) borrow money, issue instruments of indebtedness, and
secure its obligations by granting security interests in its
property; and
(7) sue and be sued.
Sec. 20106. Restrictions
(a) Stock and Dividends.--The corporation may not issue stock or
declare or pay a dividend.
(b) Political Activities.--The corporation or a governor, officer,
employee, or member as such may not contribute to, support, or assist a
political party or candidate for public office.
(c) Distribution of Income or Assets.--The income or assets of the
corporation may not inure to the benefit of, or be distributed to, a
governor, officer, or member as such during the life of the corporation
or on its dissolution or final liquidation. This subsection does not
prevent the payment of compensation to an officer or employee in an
amount approved by the board of governors.
(d) Loans.--The corporation may not make a loan or advance to a
governor, officer, employee, or member. Governors who vote for or assent
to making a loan or advance to a governor, officer, employee, or member,
and officers who participate in making the loan or advance, are jointly
and severally liable to the corporation for the amount of the loan or
advance until it is repaid.
(e) Contributions to Certain Organizations.--None of the principal
or interest of a fund referred to in section 20102(1) of this title may
be contributed to an organization if--
(1) a substantial part of its activities is carrying on
propaganda or attempting to influence legislation; or
(2) any part of its net earnings benefits a private
shareholder or individual.
Sec. 20107. Principal office
The principal office of the corporation shall be in Kansas City,
Kansas, or another place decided by the board of governors. However, the
activities of the corporation are not confined to the place
[[Page 112 STAT. 1286]]
where the principal office is located but may be conducted throughout
the States, territories, and possessions of the United States.
Sec. 20108. Records and inspection
(a) Records.--The corporation shall keep--
(1) correct and complete records of account;
(2) minutes of the proceedings of its members, board of
governors, and committees having any of the authority of its
board of governors; and
(3) at its principal office, a record of the names and
addresses of its members entitled to vote.
(b) Inspection.--A member entitled to vote, or an agent or attorney
of the member, may inspect the records of the corporation for any proper
purpose, at any reasonable time.
Sec. 20109. Service of process
The corporation shall have a designated agent in the District of
Columbia to receive service of process for the corporation. Notice to or
service on the agent is notice to or service on the corporation.
Sec. 20110. Liability for acts of officers and agents
The corporation is liable for the acts of its officers and agents
acting within the scope of their authority.
Sec. 20111. Use of assets on dissolution or final liquidation
On dissolution or final liquidation of the corporation, any assets
of the corporation remaining after the discharge of all liabilities
shall be distributed as provided by the board of governors, but in
compliance with the charter and bylaws.
CHAPTER 203--AMERICAN ACADEMY OF ARTS AND LETTERS
Sec.
20301. Organization.
20302. Purpose.
20303. Membership.
20304. Powers.
20305. Annual meeting.
20306. Annual report.
20307. Nonapplication of audit requirements.
Sec. 20301. Organization
(a) Federal Charter.--American Academy of Arts and Letters (in this
chapter, the ``corporation'') is a federally chartered corporation.
(b) Place of Incorporation.--The corporation is declared to be
incorporated in the District of Columbia.
Sec. 20302. Purpose
The purpose of the corporation is to further the interests of
literature and the fine arts.
Sec. 20303. Membership
The corporation may have not more than 50 regular members.
Sec. 20304. Powers
The corporation may--
(1) adopt bylaws and regulations;
[[Page 112 STAT. 1287]]
(2) fill vacancies;
(3) provide for the election of foreign, domestic, or
honorary associate members, and the division of those members
into classes;
(4) receive bequests and donations of property, hold the
property in trust, and invest the property to carry out the
purpose of the corporation; and
(5) do any other act necessary or usual for such a
corporation.
Sec. 20305. Annual meeting
The corporation shall hold an annual meeting at a place in the
United States as may be designated.
Sec. 20306. Annual report
The corporation shall make an annual report to Congress, to be filed
with the Librarian of Congress.
Sec. 20307. Nonapplication of audit requirements
The audit requirements of section 10101 of this title do not apply
to the corporation.
CHAPTER 205--AMERICAN CHEMICAL SOCIETY
Sec.
20501. Organization.
20502. Purposes.
20503. Powers.
20504. Cooperation with the military.
20505. Annual meeting.
20506. Annual report.
Sec. 20501. Organization
American Chemical Society (in this chapter, the ``corporation'') is
a federally chartered corporation.
Sec. 20502. Purposes
The purposes of the corporation are--
(1) to encourage in the broadest and most liberal manner the
advancement of chemistry in all its branches;
(2) to promote research in chemical science and industry;
(3) to improve the qualifications and usefulness of chemists
through high standards of professional ethics, education, and
attainments;
(4) to increase and diffuse chemical knowledge; and
(5) by its meetings, professional contacts, reports, papers,
discussions, and publications, to promote scientific interests
and inquiry to foster public welfare and education, aid the
development of our country's industries, and add to the material
prosperity and happiness of our people.
Sec. 20503. Powers
The corporation may--
(1) adopt a constitution, bylaws, and regulations;
(2) fill vacancies;
(3) provide for the election of members and the division of
those members into classes;
(4) receive property, hold the property absolutely or in
trust, invest and manage the property, and use the property
[[Page 112 STAT. 1288]]
and income arising from it to carry out the purposes of the
corporation; and
(5) do any other act necessary and proper to carry out the
purposes of the corporation.
Sec. 20504. Cooperation with the military
(a) Investigations, Examinations, Experiments, and Reports.--When
requested by the Secretary of the Army, Air Force, or Navy, the
corporation shall investigate, examine, experiment, and report on any
subject in pure or applied chemistry connected with the national
defense.
(b) Payments.--The actual expense of those investigations,
examinations, experiments, and reports shall be paid from amounts
appropriated for those purposes, but the corporation may not receive
compensation for any services performed for the United States
Government.
(c) Title and License.--Title to inventions and discoveries made in
the course of those investigations, examinations, and experiments that
the appropriate Secretary believes involve the national defense vest in
the Government. The Government shall have unlimited license under other
inventions and discoveries made in the course of those investigations,
examinations, and experiments.
Sec. 20505. Annual meeting
The corporation shall hold an annual meeting at a place in the
United States as may from time to time be designated.
Sec. 20506. Annual report
Not later than December 1 of each year, the corporation shall submit
a report to Congress on the activities of the corporation during the
prior calendar year, including a complete statement of its receipts and
expenditures. The report may not be printed as a public document.
CHAPTER 207--AMERICAN COUNCIL OF LEARNED SOCIETIES
Sec.
20701. Definition.
20702. Organization.
20703. Purposes.
20704. Membership.
20705. Governing body.
20706. Powers.
20707. Restrictions.
20708. Duty to maintain tax-exempt status.
20709. Records and inspection.
20710. Service of process.
20711. Liability for acts of officers and agents.
20712. Annual report.
Sec. 20701. Definition
For purposes of this chapter, ``State'' includes the District of
Columbia and the territories and possessions of the United States.
Sec. 20702. Organization
American Council of Learned Societies (in this chapter, the
``corporation''), a nonprofit corporation incorporated in the District
of Columbia, is a federally chartered corporation.
[[Page 112 STAT. 1289]]
Sec. 20703. Purposes
The purposes of the corporation are as provided in the articles of
incorporation and include--
(1) the advancement of the humanistic studies in all fields
of learning; and
(2) the maintenance and strengthening of relations among the
national societies devoted to those studies.
Sec. 20704. Membership
Except as provided in this chapter, eligibility for membership in
the corporation and the rights and privileges of members are as provided
in the constitution and bylaws of the corporation.
Sec. 20705. Governing body
(a) Board of Directors.--The board of directors and the
responsibilities of the board are as provided in the articles of
incorporation.
(b) Officers.--The officers and the election of officers are as
provided in the articles of incorporation.
Sec. 20706. Powers
The corporation has only the powers provided in its bylaws and
articles of incorporation filed in each State in which it is
incorporated.
Sec. 20707. Restrictions
(a) Stock and Dividends.--The corporation may not issue stock or
declare or pay a dividend.
(b) Political Activities.--The corporation or a director or officer
as such may not contribute to, support, or participate in any political
activity or in any manner attempt to influence legislation.
(c) Distribution of Income or Assets.--The income or assets of the
corporation may not inure to the benefit of, or be distributed to, a
director, officer, or member during the life of the charter granted by
this chapter. This subsection does not prevent the payment of reasonable
compensation to an officer or reimbursement for actual necessary
expenses in amounts approved by the board of directors.
(d) Loans.--The corporation may not make a loan to a director,
officer, or employee.
(e) Claim of Governmental Approval or Authority.--The corporation
may not claim congressional approval or the authority of the United
States Government for any of its activities.
Sec. 20708. Duty to maintain tax-exempt status
The corporation shall maintain its status as an organization exempt
from taxation under the Internal Revenue Code of 1986 (26 U.S.C. 1 et
seq.). If the corporation does not maintain that status, the charter
granted by this chapter expires.
Sec. 20709. Records and inspection
(a) Records.--The corporation shall keep--
(1) correct and complete records of account;
(2) minutes of the proceedings of its members, board of
directors, and committees having any of the authority of its
board of directors; and
[[Page 112 STAT. 1290]]
(3) at its principal office, a record of the names and
addresses of its members entitled to vote.
(b) Inspection.--A member entitled to vote, or an agent or attorney
of the member, may inspect the records of the corporation for any proper
purpose, at any reasonable time.
Sec. 20710. Service of process
The corporation shall comply with the law on service of process of
each State in which it is incorporated and each State in which it
carries on activities.
Sec. 20711. Liability for acts of officers and agents
The corporation is liable for the acts of its officers and agents
acting within the scope of their authority.
Sec. 20712. Annual report
The corporation shall submit an annual report to Congress on the
activities of the corporation during the prior fiscal year. The report
shall be submitted at the same time as the report of the audit required
by section 10101 of this title. The report may not be printed as a
public document.
CHAPTER 209--AMERICAN EX-PRISONERS OF WAR
Sec.
20901. Definition.
20902. Organization.
20903. Purposes.
20904. Membership.
20905. Governing body.
20906. Powers.
20907. Exclusive right to name and emblem.
20908. Restrictions.
20909. Duty to maintain corporate and tax-exempt status.
20910. Records and inspection.
20911. Service of process.
20912. Liability for acts of officers and agents.
20913. Annual report.
Sec. 20901. Definition
For purposes of this chapter, ``State'' includes the District of
Columbia and the territories and possessions of the United States.
Sec. 20902. Organization
(a) Federal Charter.--American Ex-Prisoners of War (in this chapter,
the ``corporation''), a nonprofit corporation incorporated in the State
of Washington, is a federally chartered corporation.
(b) Expiration of Charter.--If the corporation does not comply with
any provision of this chapter, the charter granted by this chapter
expires.
Sec. 20903. Purposes
The purposes of the corporation are as provided in the articles of
incorporation and include--
(1) encouraging fraternity for the common good;
(2) fostering patriotism and loyalty;
(3) assisting widows and orphans of deceased ex-prisoners of
war;
(4) assisting ex-prisoners of war who have been injured or
disabled as a result of their service;
[[Page 112 STAT. 1291]]
(5) maintaining allegiance to the United States;
(6) preserving and defending the United States from all
enemies; and
(7) maintaining historical records.
Sec. 20904. Membership
Except as provided in this chapter, eligibility for membership in
the corporation and the rights and privileges of members are as provided
in the bylaws.
Sec. 20905. Governing body
(a) Board of Directors.--The board of directors and the
responsibilities of the board are as provided in the articles of
incorporation.
(b) Officers.--The officers and the election of officers are as
provided in the articles of incorporation.
Sec. 20906. Powers
The corporation has only the powers provided in its bylaws and
articles of incorporation filed in each State in which it is
incorporated.
Sec. 20907. Exclusive right to name and emblem
The corporation has the exclusive right to use and to allow others
to use the name ``American Ex-Prisoners of War'' and the official
American Ex-Prisoners of War emblem or any colorable simulation of that
emblem. This section does not affect any vested rights.
Sec. 20908. Restrictions
(a) Stock and Dividends.--The corporation may not issue stock or
declare or pay a dividend.
(b) Political Activities.--The corporation or a director or officer
as such may not contribute to, support, or participate in any political
activity or in any manner attempt to influence legislation.
(c) Distribution of Income or Assets.--The income or assets of the
corporation may not inure to the benefit of, or be distributed to, a
director, officer, or member during the life of the charter granted by
this chapter. This subsection does not prevent the payment of reasonable
compensation to an officer or reimbursement for actual necessary
expenses in amounts approved by the board or directors.
(d) Loans.--The corporation may not make a loan to a director,
officer, or employee.
(e) Claim of Governmental Approval or Authority.--The corporation
may not claim congressional approval or the authority of the United
States Government for any of its activities.
Sec. 20909. Duty to maintain corporate and tax-exempt status
(a) Corporate Status.--The corporation shall maintain its status as
a corporation incorporated under the laws of the State of Washington.
(b) Tax-Exempt Status.--The corporation shall maintain its status as
an organization exempt from taxation under the Internal Revenue Code of
1986 (26 U.S.C. 1 et seq.).
[[Page 112 STAT. 1292]]
Sec. 20910. Records and inspection
(a) Records.--The Corporation shall keep--
(1) correct and complete records of account;
(2) minutes of the proceedings of its members, board of
directors, and committees having any of the authority of its
board of directors; and
(3) at its principal office, a record of the names and
addresses of its members entitled to vote.
(b) Inspection.--A member entitled to vote, or an agent or attorney
of the member, may inspect the records of the corporation for any proper
purpose, at any reasonable time.
Sec. 20911. Service of process
The corporation shall comply with the law on service of process of
each State in which it is incorporated and each State in which it
carries on activities.
Sec. 20912. Liability for acts of officers and agents
The corporation is liable for the acts of its officers and agents
acting within the scope of their authority.
Sec. 20913. Annual report
The corporation shall submit an annual report to Congress on the
activities of the corporation during the prior fiscal year. The report
shall be submitted at the same time as the report of the audit required
by section 10101 of this title. The report may not be printed as a
public document.
CHAPTER 211--AMERICAN GOLD STAR MOTHERS, INCORPORATED
Sec.
21101. Definition.
21102. Organization.
21103. Purposes.
21104. Membership.
21105. Governing body.
21106. Powers.
21107. Restrictions.
21108. Duty to maintain corporate and tax-exempt status.
21109. Records and inspection.
21110. Service of process.
21111. Liability for acts of officers and agents.
21112. Annual report.
Sec. 21101. Definition
For purposes of this chapter, ``State'' includes the District of
Columbia and the territories and possessions of the United States.
Sec. 21102. Organization
(a) Federal Charter.--American Gold Star Mothers, Incorporated (in
this chapter, the ``corporation''), incorporated in the District of
Columbia, is a federally chartered corporation.
(b) Expiration of Charter.--If the corporation does not comply with
any provision of this chapter, the charter granted by this chapter
expires.
Sec. 21103. Purposes
The purposes of the corporation are as provided in the articles of
incorporation and include a continuing commitment, on a national basis,
to--
[[Page 112 STAT. 1293]]
(1) keep alive and develop the spirit that promoted world
services;
(2) maintain the ties of fellowship born of that service,
and assist and further all patriotic work;
(3) inculcate a sense of individual obligation to the
community, State, and Nation;
(4) assist veterans of World War I, World War II, the Korean
Conflict, Vietnam, and other strategic areas and their
dependents in the presentation of claims to the Department of
Veterans Affairs, and aid in any way in their power the men and
women who served and died or were wounded or incapacitated
during hostilities;
(5) perpetuate the memory of those whose lives were
sacrificed in our wars;
(6) maintain true allegiance to the United States;
(7) inculcate lessons of patriotism and love of country in
the communities in which we live;
(8) inspire respect for the Stars and Stripes in the youth
of America;
(9) extend needful assistance to all Gold Star Mothers and,
when possible, to their descendants; and
(10) promote peace and good will for the United States and
all other Nations.
Sec. 21104. Membership
(a) Eligibility.--Except as provided in this chapter, eligibility
for membership in the corporation and the rights and privileges of
members are as provided in the constitution and bylaws.
(b) Nondiscrimination.--The terms of membership may not discriminate
on the basis of race, color, religion, or national origin.
Sec. 21105. Governing body
(a) Board of Directors.--The board of directors and the
responsibilities of the board are as provided in the articles of
incorporation.
(b) Officers.--The officers and the election of officers are as
provided in the articles of incorporation.
(c) Nondiscrimination.--The requirements for holding office in the
corporation may not discriminate on the basis of race, color, religion,
or national origin.
Sec. 21106. Powers
The corporation has only the powers provided in its bylaws and
articles of incorporation filed in each State in which it is
incorporated.
Sec. 21107. Restrictions
(a) Stock and Dividends.--The corporation may not issue stock or
declare or pay a dividend.
(b) Distribution of Income or Assets.--The income or assets of the
corporation may not inure to the benefit of, or be distributed to, a
director, officer, or member during the life of the charter granted by
this chapter. This subsection does not prevent the payment of reasonable
compensation to an officer or reimbursement for actual necessary
expenses in amounts approved by the board of directors.
[[Page 112 STAT. 1294]]
(c) Loans.--The corporation may not make a loan to a director,
officer, or employee.
(d) Claim of Governmental Approval or Authority.--The corporation
may not claim congressional approval or the authority of the United
States Government for any of its activities.
Sec. 21108. Duty to maintain corporate and tax-exempt status
(a) Corporate Status.--The corporation shall maintain its status as
a corporation incorporated under the laws of each State in which it is
incorporated.
(b) Tax-Exempt Status.--The corporation shall maintain its status as
an organization exempt from taxation under the Internal Revenue Code of
1986 (26 U.S.C. 1 et seq.).
Sec. 21109. Records and inspection
(a) Records.--The corporation shall keep--
(1) correct and complete records of account;
(2) minutes of the proceedings of its members, board of
directors, and committees having any of the authority of its
board of directors; and
(3) at its principal office, a record of the names and
addresses of its members entitled to vote.
(b) Inspection.--A member entitled to vote, or an agent or attorney
of the member, may inspect the records of the corporation for any proper
purpose, at any reasonable time.
Sec. 21110. Service of process
The corporation shall comply with the law on service of process of
each State in which it is incorporated and each State in which it
carries on activities.
Sec. 21111. Liability for acts of officers and agents
The corporation is liable for the acts of its officers and agents
acting within the scope of their authority.
Sec. 21112. Annual report
The corporation shall submit an annual report to Congress on the
activities of the corporation during the prior fiscal year. The report
shall be submitted at the same time as the report of the audit required
by section 10101 of this title. The report may not be printed as a
public document.
CHAPTER 213--AMERICAN HISTORICAL ASSOCIATION
Sec.
21301. Organization.
21302. Purposes.
21303. Powers.
21304. Annual meeting.
21305. Principal office.
21306. Historical collections.
21307. Annual report.
Sec. 21301. Organization
American Historical Association (in this chapter, the
``corporation'') is a body corporate and politic in the District of
Columbia.
Sec. 21302. Purposes
The purposes of the corporation are--
[[Page 112 STAT. 1295]]
(1) to promote historical studies;
(2) to collect and preserve historical manuscripts; and
(3) other kindred purposes in the interest of American
history and of history in America.
Sec. 21303. Powers
The corporation may--
(1) adopt a constitution and bylaws; and
(2) hold property in the District of Columbia necessary to
carry out the purposes of the corporation.
Sec. 21304. Annual meeting
The corporation may hold its annual meeting in a place the members
of the corporation select.
Sec. 21305. Principal office
The principal office of the corporation shall be in the District of
Columbia.
Sec. 21306. Historical collections
The Regents of the Smithsonian Institution may allow the corporation
to deposit its collections, manuscripts, books, pamphlets, and other
historical material in the Smithsonian Institution or the National
Museum on conditions and under regulations the Regents prescribe.
Sec. 21307. Annual report
The corporation shall submit an annual report to the Secretary of
the Smithsonian Institution on the activities of the corporation and the
condition of historical study in America. The Secretary shall submit to
Congress any part of the report the Secretary decides is appropriate.
CHAPTER 215--AMERICAN HOSPITAL OF PARIS
Sec.
21501. Organization.
21502. Purpose.
21503. Governing body.
21504. Acquisition and management of property.
21505. Charges for medical services.
21506. Principal office.
21507. Nonapplication of audit requirements.
Sec. 21501. Organization
(a) Federal Charter.--American Hospital of Paris (in this chapter,
the ``corporation'') is a federally chartered corporation.
(b) Place of Incorporation.--The corporation is declared to be
incorporated in the District of Columbia.
(c) Perpetual Existence.--Except as otherwise provided, the
corporation has perpetual existence.
Sec. 21502. Purpose
The purpose of the corporation is to maintain a hospital in the
vicinity of Paris, France, to provide medical and surgical care to
citizens of the United States.
Sec. 21503. Governing body
(a) General.--(1) The board of governors is the governing body of
the corporation.
[[Page 112 STAT. 1296]]
(2) The board shall have at least 12 governors, divided into 3
classes of equal numbers. One class of governors shall be elected each
year for a term of 3 years or until their successors are elected. The
corporation shall elect the governors at its annual meeting.
(b) Quorum.--Five governors are a quorum for the transaction of
business, except that a majority vote of the board is required for--
(1) the sale or alienation of any real or personal estate of
the corporation; or
(2) the leasing of real estate of the corporation for a term
of more than one year.
(c) Powers.--The board may--
(1) adopt and amend bylaws, as may be necessary and proper,
related to--
(A) elections and meetings;
(B) qualifications and duties of governors and
officers;
(C) admission and qualifications of members; and
(D) management and disposition of the property,
business, and concerns of the corporation;
(2) conduct all business of the corporation;
(3) fill, until the next annual election, a vacancy on the
board; and
(4) appoint attending and resident physicians and surgeons,
agents, assistants, and attendants as may be necessary, set
their compensation, and discharge them.
Sec. 21504. Acquisition and management of property
The corporation may acquire, own, lease, encumber, and transfer
property, in the United States and France, to carry out the purposes of
the corporation.
Sec. 21505. Charges for medical services
The corporation may charge a reasonable compensation for providing
medical and surgical services or may provide those services without
charge. Amounts received under this section shall be used to carry out
the purposes of the corporation.
Sec. 21506. Principal office
The principal office of the corporation shall be in the District of
Columbia. However, offices may be maintained and meetings of the board
of governors and committees may be held elsewhere.
Sec. 21507. Nonapplication of audit requirements
The audit requirements of section 10101 of this title do not apply
to the corporation.
CHAPTER 217--THE AMERICAN LEGION
Sec.
21701. Organization.
21702. Purposes.
21703. Membership.
21704. Powers.
21705. Exclusive right to name, emblems, and badges.
21706. Political activities.
21707. Service of process.
21708. Annual report.
[[Page 112 STAT. 1297]]
Sec. 21701. Organization
(a) Federal Charter.--The American Legion (in this chapter, the
``corporation'') is a federally chartered corporation.
(b) Perpetual Existence.--Except as otherwise provided, the
corporation has perpetual existence.
Sec. 21702. Purposes
The purposes of the corporation are--
(1) to uphold and defend the Constitution of the United
States;
(2) to promote peace and good will among the peoples of the
United States and all the nations of the Earth;
(3) to preserve the memories and incidents of the 2 World
Wars and the other great hostilities fought to uphold democracy;
(4) to cement the ties and comradeship born of service; and
(5) to consecrate the efforts of its members to mutual
helpfulness and service to their country.
Sec. 21703. Membership
An individual is eligible for membership in the corporation only if
the individual--
(1) has served in the Armed Forces of--
(A) the United States at any time during any period
from--
(i) April 6, 1917, through November 11, 1918;
(ii) December 7, 1941, through December 31,
1946;
(iii) June 25, 1950, through January 31, 1955;
(iv) December 22, 1961, through May 7, 1975;
(v) August 24, 1982, through July 31, 1984;
(vi) December 20, 1989, through January 31,
1990; or
(vii) August 2, 1990, through the date of
cessation of hostilities, as decided by the United
States Government; or
(B) a government associated with the United States
during a period referred to in subclause (A) of this
clause and was a citizen of the United States when the
individual entered that service; and
(2) was honorably discharged or separated from that service
or continues to serve honorably after that period.
Sec. 21704. Powers
The corporation may--
(1) adopt a constitution, bylaws, and regulations to carry
out the purposes of the corporation;
(2) adopt and alter a corporate seal;
(3) establish and maintain offices to conduct its
activities;
(4) establish State and territorial organizations and local
chapter or post organizations;
(5) acquire, own, lease, encumber, and transfer property as
necessary to carry out the purposes of the corporation;
(6) publish a magazine and other publications;
(7) sue and be sued; and
(8) do any other act necessary and proper to carry out the
purposes of the corporation.
[[Page 112 STAT. 1298]]
Sec. 21705. Exclusive right to name, emblems, and badges
The corporation and its State and local subdivisions have the
exclusive right to use the name ``The American Legion'' or ``American
Legion''. The corporation has the exclusive right to use, manufacture,
and control the right to manufacture, emblems and badges the corporation
adopts.
Sec. 21706. Political activities
The corporation shall be nonpolitical and may not promote the
candidacy of an individual seeking public office.
Sec. 21707. Service of process
As a condition to the exercise of any power or privilege granted by
this chapter, the corporation shall file, with the secretary of state or
other designated official of each State, the name and address of an
agent in that State on whom legal process or demands against the
corporation may be served.
Sec. 21708. Annual report
Not later than January 1 of each year, the corporation shall submit
a report to Congress on the activities of the corporation during the
prior calendar year. The report may not be printed as a public document.
CHAPTER 219--THE AMERICAN NATIONAL THEATER AND ACADEMY
Sec.
21901. Organization.
21902. Purposes.
21903. Powers.
21904. Exclusive right to name.
21905. Restrictions.
21906. Headquarters and meetings.
21907. Service of process.
21908. Annual report.
Sec. 21901. Organization
(a) Federal Charter.--The American National Theater and Academy (in
this chapter, the ``corporation'') is a federally chartered corporation.
(b) Perpetual Existence.--Except as otherwise provided, the
corporation has perpetual existence.
Sec. 21902. Purposes
The purposes of the corporation include--
(1) the presentation of theatrical productions of the
highest type;
(2) the stimulation of public interest in the drama as an
art belonging both to the theater and to literature and to be
enjoyed both on the stage and in the study;
(3) the advancement of interest in the drama throughout the
United States by furthering the production of the best plays,
interpreted by the best actors at a minimum cost;
(4) the further development of the study of drama of the
present and past in our universities, colleges, schools, and
elsewhere; and
[[Page 112 STAT. 1299]]
(5) the sponsoring, encouraging, and developing of the art
and technique of the theater through a school within the
National Academy.
Sec. 21903. Powers
The corporation may--
(1) adopt a constitution, bylaws, and regulations;
(2) adopt and alter a corporate seal;
(3) establish and maintain offices and buildings to conduct
its activities;
(4) establish State and territorial organizations and local
branches;
(5) acquire, own, lease, encumber, and transfer property as
necessary to carry out the purposes of the corporation, subject
to its constitution and instructions of donors;
(6) sue and be sued; and
(7) do any other act necessary and proper to carry out the
purposes of the corporation.
Sec. 21904. Exclusive right to name
The corporation and its State and local branches and subdivisions
have the exclusive right to use the name ``The American National Theater
and Academy''.
Sec. 21905. Restrictions
(a) Profit and Stock.--The corporation shall be nonprofit and may
not issue stock.
(b) Political Activities.--The corporation shall be nonpolitical and
nonsectarian, and may not promote the candidacy of an individual seeking
public office.
(c) Honorary Members.--The corporation may not have honorary
members.
Sec. 21906. Headquarters and meetings
The corporation may have its headquarters and hold its meetings at
places the corporation decides are best.
Sec. 21907. Service of process
As a condition to the exercise of any power or privilege granted by
this chapter, the corporation shall file, with the secretary of state or
other designated official of the District of Columbia or of each State,
territory, or possession of the United States in which its headquarters,
branches, or subdivisions are located, the name and address of an agent
in that jurisdiction on whom legal process or demands against the
corporation may be served.
Sec. 21908. Annual report
Not later than January 1 of each year, the corporation shall submit
a report to Congress on the activities of the corporation during the
prior calendar year, including a complete report of its receipts and
expenditures. The report may not be printed as a public document.
CHAPTER 221--THE AMERICAN SOCIETY OF INTERNATIONAL LAW
Sec.
22101. Organization.
[[Page 112 STAT. 1300]]
22102. Purposes.
22103. Governing body.
22104. Powers.
22105. Restrictions.
22106. Principal office.
22107. Records and inspection.
22108. Service of process.
22109. Liability for acts of officers and agents.
Sec. 22101. Organization
(a) Federal Charter.--The American Society of International Law (in
this chapter, the ``corporation'') is a federally chartered corporation.
(b) Perpetual Existence.--Except as otherwise provided, the
corporation has perpetual existence.
Sec. 22102. Purposes
The purposes of the corporation are--
(1) to foster the study of international law; and
(2) to promote the establishment and maintenance of
international relations on the basis of law and justice.
Sec. 22103. Governing body
(a) Executive Council.--(1) The executive council is the governing
body of the corporation. However, the council is subject to the
directions of the corporation at its annual meetings and at any other
meeting called under the constitution, bylaws, or regulations of the
corporation.
(2) The council consists of a president, an honorary president, a
number of vice presidents and honorary vice presidents as provided in
the constitution, a secretary, a treasurer, and at least 24 additional
individuals.
(b) Election and Terms.--The officers of the corporation and one-
third of the other members of the council shall be elected at each
annual meeting of the corporation. However, the constitution may
authorize the council--
(1) to elect the secretary and the treasurer of the
corporation for specified terms; and
(2) to fill vacancies until the next annual meeting.
Sec. 22104. Powers
The corporation may--
(1) adopt and amend a constitution, bylaws, and regulations
for the management of its property and the regulation of its
affairs;
(2) adopt and alter a corporate seal;
(3) choose officers, managers, and agents as the activities
of the corporation require;
(4) make contracts;
(5) acquire, own, lease, encumber, and transfer property as
necessary to carry out the purposes of the corporation;
(6) borrow money, issue instruments of indebtedness, and
secure its obligations by granting security interests in its
property;
(7) publish a journal and other publications;
(8) sue and be sued; and
(9) do any other act necessary and proper to carry out the
purposes of the corporation.
[[Page 112 STAT. 1301]]
Sec. 22105. Restrictions
(a) Profit.--The corporation may not operate for profit.
(b) Stock and Dividends.--The corporation may not issue stock or
declare or pay a dividend.
(c) Political Activities.--The corporation or an officer or member
of the executive council as such may not contribute to, support, or
assist a political party or candidate for elective public office.
(d) Distribution of Income or Assets.--The income or assets of the
corporation may not inure to the benefit of, or be distributed to, a
member of the corporation or an officer or member of the executive
council, except on the dissolution or final liquidation of the
corporation.
(e) Loans.--The corporation may not make a loan or advance to an
officer or member of the executive council. Members of the council who
vote for or assent to making a loan or advance to an officer or member
of the council, and officers who participate in making the loan or
advance, are jointly and severally liable to the corporation for the
amount of the loan or advance until it is repaid.
Sec. 22106. Principal office
The principal office of the corporation shall be in the District of
Columbia. However, the activities of the corporation are not confined to
the District of Columbia but may be conducted throughout the United
States.
Sec. 22107. Records and inspection
(a) Records.--The corporation shall keep--
(1) correct and complete records of account;
(2) minutes of the proceedings of its members, executive
council, and committees having any of the authority of its
executive council; and
(3) at its principal office, a record of the names and
addresses of its members entitled to vote.
(b) Inspection.--A member, or an agent or attorney of the member,
may inspect the records of the corporation for any proper purpose, at
any reasonable time.
Sec. 22108. Service of process
The corporation shall have a designated agent in the District of
Columbia to receive service of process for the corporation. Notice to or
service on the agent, or mailed to the business address of the agent, is
notice to or service on the corporation.
Sec. 22109. Liability for acts of officers and agents
The corporation is liable for the acts of its officers and agents
acting within the scope of their authority.
CHAPTER 223--AMERICAN SYMPHONY ORCHESTRA LEAGUE
Sec.
22301. Organization.
22302. Purposes.
22303. Membership.
22304. Governing body.
22305. Powers.
[[Page 112 STAT. 1302]]
22306. Exclusive right to name, insignia, emblems, and badges.
22307. Restrictions.
22308. Principal office.
22309. Records and inspection.
22310. Service of process.
22311. Liability for acts of officers and agents.
22312. Distribution of assets on dissolution or final liquidation.
Sec. 22301. Organization
(a) Federal Charter.--American Symphony Orchestra League (in this
chapter, the ``corporation'') is a federally chartered corporation.
(b) Perpetual Existence.--Except as otherwise provided, the
corporation has perpetual existence.
Sec. 22302. Purposes
The purposes of the corporation are--
(1) to serve as a coordinating, research, and educational
agency and clearinghouse for symphony orchestras to help
strengthen the work in their local communities;
(2) to assist in the formation of new symphony orchestras;
(3) to encourage and recognize the work of America's
musicians, conductors, and composers, through suitable means;
and
(4) to aid the expansion of the musical and cultural life of
the United States through suitable educational and service
activities.
Sec. 22303. Membership
(a) Eligibility.--Except as provided in this chapter, eligibility
for membership in the corporation and the rights, privileges, and
designation of classes of members are as provided in the constitution
and bylaws of the corporation.
(b) Voting.--Each member (except an honorary, sustaining, or
associate member) has one vote on each matter submitted to a vote at a
meeting of the members.
Sec. 22304. Governing body
(a) Board of Directors.--(1) The board of directors is the governing
body of the corporation. Between meetings of the members of the
corporation, the board is responsible for the general policies and
program of the corporation and for the control of contributions raised
by the corporation.
(2) The number of directors, their manner of selection (including
the filling of vacancies), and their term of office are as provided in
the constitution and bylaws of the corporation.
(b) Officers.--(1) The officers of the corporation are a president,
one or more vice presidents as provided in the constitution and bylaws,
a secretary, a treasurer, and one or more assistant secretaries and
assistant treasurers as provided in the constitution and bylaws.
(2) The manner of election, term of office, and duties of the
officers are as provided in the constitution and bylaws.
Sec. 22305. Powers
The corporation may--
(1) adopt and amend a constitution and bylaws for the
management of its property and the regulation of its affairs;
(2) adopt and alter a corporate seal;
[[Page 112 STAT. 1303]]
(3) choose officers, managers, agents, and employees as the
activities of the corporation require;
(4) make contracts;
(5) acquire, own, lease, encumber, and transfer property as
necessary or convenient to carry out the purposes of the
corporation;
(6) borrow money, issue instruments of indebtedness, and
secure its obligations by granting security interests in its
property; and
(7) sue and be sued.
Sec. 22306. Exclusive right to name, insignia, emblems, and badges
The corporation has the exclusive right to use the name ``American
Symphony Orchestra League'' and distinctive insignia, emblems and
badges, descriptive or designating marks, and words or phrases required
to carry out the duties and powers of the corporation. This section does
not affect any vested rights.
Sec. 22307. Restrictions
(a) Stock and Dividends.--The corporation may not issue stock or
declare or pay a dividend.
(b) Political Activities.--The corporation or a director or officer
as such may not contribute to, support, or assist a political party or
candidate for public office.
(c) Distribution of Income or Assets.--The income or assets of the
corporation may not inure to the benefit of, or be distributed to, a
director, officer, or member as such during the life of the corporation
or on its dissolution or final liquidation. This subsection does not
prevent the payment of compensation to an officer in an amount approved
by the board of directors.
(d) Loans.--The corporation may not make a loan or advance to a
director, officer, or employee. Directors who vote for or assent to
making a loan or advance to a director, officer, or employee, and
officers who participate in making the loan or advance, are jointly and
severally liable to the corporation for the amount of the loan or
advance until it is repaid.
Sec. 22308. Principal office
The principal office of the corporation shall be in Charleston, West
Virginia, or another place decided by the board of directors. However,
the activities of the corporation are not confined to the place where
the principal office is located but may be conducted throughout the
States, territories, and possessions of the United States.
Sec. 22309. Records and inspection
(a) Records.--The corporation shall keep--
(1) correct and complete records of account;
(2) minutes of the proceedings of its members, board of
directors, and committees having any of the authority of its
board of directors; and
(3) at its principal office, a record of the names and
addresses of its members entitled to vote.
(b) Inspection.--A member entitled to vote, or an agent or attorney
of the member, may inspect the records of the corporation for any proper
purpose, at any reasonable time.
[[Page 112 STAT. 1304]]
Sec. 22310. Service of process
The corporation shall have a designated agent in the District of
Columbia to receive service of process for the corporation. Notice to or
service on the agent, or mailed to the business address of the agent, is
notice to or service on the corporation.
Sec. 22311. Liability for acts of officers and agents
The corporation is liable for the acts of its officers and agents
acting within the scope of their authority.
Sec. 22312. Distribution of assets on dissolution or final liquidation
On dissolution or final liquidation of the corporation, any assets
remaining after the discharge of all liabilities shall be distributed as
provided by the board of directors, but in compliance with the
constitution and bylaws of the corporation.
CHAPTER 225--AMERICAN WAR MOTHERS
Sec.
22501. Organization.
22502. Purposes.
22503. Membership.
22504. Powers.
22505. Exclusive right to name.
22506. Restrictions.
22507. Tax-exempt status.
22508. Meetings.
22509. Service of process.
22510. Annual report.
Sec. 22501. Organization
(a) Federal Charter.--American War Mothers (in this chapter, the
``corporation'') is a federally chartered corporation.
(b) Place of Incorporation.--The corporation is declared to be
incorporated in the District of Columbia.
(c) Period of Existence.--The corporation may continue to exist
until there are no individuals who qualify for membership.
Sec. 22502. Purposes
The purposes of the corporation are--
(1) to keep alive and develop the spirit that promoted world
service;
(2) to maintain the ties of fellowship born of that service
and to assist and further any patriotic work;
(3) to inculcate a sense of individual obligation to the
community, State, and Nation;
(4) to work for the welfare of the Army and Navy;
(5) to assist, in any way in their power, men and women who
served and were wounded or incapacitated in World War I; and
(6) to foster and promote friendship and understanding
between America and the Allies in World War I.
Sec. 22503. Membership
Eligibility for membership in the corporation is limited to women--
(1) who are citizens of the United States; and
(2) whose natural son or daughter, legally adopted son or
daughter, or stepson or stepdaughter--
[[Page 112 STAT. 1305]]
(A) served in the Armed Forces of the United States
or its allies in World War I, World War II, the Korean
conflict, or any subsequent war or conflict involving
the United States; and
(B) was honorably discharged from that service or
continues in the service.
Sec. 22504. Powers
The corporation may--
(1) adopt a constitution, bylaws, and regulations;
(2) adopt and alter a corporate seal;
(3) adopt emblems and badges;
(4) establish and maintain offices to conduct its
activities;
(5) establish State, territorial, and local subdivisions;
(6) acquire, own, lease, encumber, and transfer property as
necessary to carry out the purposes of the corporation, subject
to section 22506(b) of this title;
(7) publish a magazine and other publications;
(8) sue and be sued; and
(9) do any other act necessary and proper to carry out its
purposes.
Sec. 22505. Exclusive right to name
The corporation and its State, territorial, and local subdivisions
have the exclusive right to use the name ``American War Mothers''.
Sec. 22506. Restrictions
(a) General.--The corporation shall be nonprofit, nonpolitical,
nonsectarian, and nonpartisan, and may not promote the candidacy of an
individual seeking public office.
(b) Ownership and Use of Property.--The corporation may not accept,
own, or hold, directly or indirectly, any property not reasonably
necessary to carry out the purposes of the corporation.
Sec. 22507. Tax-exempt status
The personal property and funds of the corporation, whether
principal or income, so long as held or used only to carry out the
purposes of the corporation, are exempt from taxation by the United
States Government, the District of Columbia, and the territories and
possessions of the United States.
Sec. 22508. Meetings
The corporation may hold its meetings at any place the corporation
decides.
Sec. 22509. Service of process
As a condition to the exercise of any power or privilege granted by
this chapter, the corporation shall file, with the secretary of state or
other designated official of each State, the name and address of an
agent in that State on whom legal process or demands against the
corporation may be served.
Sec. 22510. Annual report
Not later than January 1 of each year, the corporation shall submit
a report to Congress on the activities of the corporation during the
prior calendar year. The report may not be printed as a public document.
[[Page 112 STAT. 1306]]
CHAPTER 227--AMVETS (AMERICAN VETERANS OF WORLD WAR II, KOREA, AND
VIETNAM)
Sec.
22701. Organization.
22702. Purposes.
22703. Membership.
22704. Governing body.
22705. Powers.
22706. Exclusive right to name, seals, emblems, and badges.
22707. Restrictions.
22708. Headquarters and principal place of business.
22709. Records and inspection.
22710. Service of process.
22711. Liability for acts of officials, representatives, and agents.
22712. Distribution of assets on dissolution or final liquidation.
Sec. 22701. Organization
(a) Federal Charter.--AMVETS (American Veterans of World War II,
Korea, and Vietnam) (in this chapter, the ``corporation'') is a
federally chartered corporation.
(b) Perpetual Existence.--Except as otherwise provided, the
corporation has perpetual existence.
Sec. 22702. Purposes
The purposes of the corporation are--
(1) to preserve for ourselves and our posterity the great
and basic truths and enduring principles upon which this Nation
was founded;
(2) to maintain a continuing interest in the welfare and
rehabilitation of the disabled veterans of World War II, the
Korean conflict, and the Vietnam era and to establish facilities
for the assistance of all veterans and to represent them in
their claims before the Department of Veterans Affairs and other
organizations without charge;
(3) to dedicate ourselves to the service and best interests
of the community, State, and Nation to the end that our country
shall be and remain forever a whole, strong, and free Nation;
(4) to aid and encourage the abolition of prejudice,
ignorance, and disease;
(5) to encourage universal exercise of the voting franchise
to the end that there shall be elected and maintained in public
office men and women who hold public office as a public trust
administered in the best interests of all the people;
(6) to advocate the development and means by which all
Americans may become enlightened and informed citizens and thus
participate fully in the functions of our democracy;
(7) to encourage and support an international organization
of all peace-loving nations to the end that not again shall any
nation be permitted to breach their national peace;
(8) to continue to serve the best interests of our Nation in
peace as in war;
(9) to develop to the utmost the human, mental, spiritual,
and economical resources of our Nation;
(10) to perpetuate and preserve the friendships and
comradeship born on the battle front and nurtured in the common
experience of service to our Nation during time of war; and
(11) to honor the memory of those men and women who gave
their lives that a free America and a free world might live by
the creation of living memorials in the form of additional
educational, cultural, and recreational facilities.
[[Page 112 STAT. 1307]]
Sec. 22703. Membership
(a) Eligibility.--Except as provided in this chapter, eligibility
for membership in the corporation and the rights and privileges of
members are as provided in the constitution and bylaws of the
corporation.
(b) Voting.--Each member has one vote in the conduct of official
business at the post level.
(c) Nondiscrimination.--The terms of membership may not discriminate
on the basis of race, color, religion, sex, or national origin.
Sec. 22704. Governing body
(a) Delegates to National Conventions.--Each post may elect
delegates to national conventions of the corporation. The delegates each
have one vote in the conduct of business of the convention to which they
are elected.
(b) Executive Committee.--The executive committee of the corporation
consists of--
(1) one member elected to represent each department; and
(2) the officers of the corporation as ex officio members.
(c) Officers.--(1) The officers of the corporation are a national
commander, seven national vice commanders, one of whom shall be a woman,
a finance officer, an adjutant, a judge advocate, and a provost marshal.
(2) The officers shall be elected by the delegates at the annual
national convention.
(d) Nondiscrimination.--The requirements for holding office in the
corporation may not discriminate on the basis of race, color, religion,
sex, or national origin.
Sec. 22705. Powers
(a) General.--The corporation may--
(1) adopt bylaws and regulations for the management of its
property and the regulation of its affairs;
(2) adopt seals, emblems, and badges;
(3) choose officers, representatives, and agents as
necessary to carry out the purposes of the corporation;
(4) make contracts;
(5) establish State and regional organizations and local
posts;
(6) acquire, own, lease, encumber, and transfer property as
necessary to carry out the purposes of the corporation;
(7) borrow money, issue instruments of indebtedness, and
secure its obligations by granting security interests in its
property;
(8) publish a magazine, newspaper, and other publications
consistent with the purposes of the corporation;
(9) sue and be sued; and
(10) do any other act necessary and proper to carry out the
purposes of the corporation.
(b) Powers Granted to Other Organizations.--The provisions,
privileges, and prerogatives granted before July 24, 1947, to other
national veterans' organizations because of their incorporation by
Congress are granted to the corporation.
[[Page 112 STAT. 1308]]
Sec. 22706. Exclusive right to name, seals, emblems, and badges
The corporation and its State, regional, and local subdivisions have
the exclusive right to use the name ``AMVETS (American Veterans of World
War II, Korea, and Vietnam)'' and seals, emblems, and badges the
corporation adopts.
Sec. 22707. Restrictions
(a) Profit.--The corporation shall operate as a not-for-profit
corporation, exclusively for charitable, educational, patriotic, and
civic improvement purposes.
(b) Stock and Dividends.--The corporation may not issue stock or
declare or pay a dividend.
(c) Political Activities.--The corporation or an officer of the
corporation or member of its executive committee as such may not
contribute to, support, or assist a political party or candidate for
elective public office. The corporation may not carry on propaganda.
(d) Distribution of Income or Assets.--The income or assets of the
corporation may not inure to the benefit of, or be distributed to, a
director, officer, or member of the corporation, except on dissolution
or final liquidation of the corporation.
(e) Loans.--The corporation may not make a loan or advance to a
director or officer. Directors who vote for or assent to making a loan
or advance to a director or officer, and officers who participate in
making the loan or advance, are jointly and severally liable to the
corporation for the amount of the loan or advance until it is repaid.
Sec. 22708. Headquarters and principal place of business
The headquarters and principal place of business of the corporation
shall be in the District of Columbia. However, the activities of the
corporation are not confined to the District of Columbia but may be
conducted throughout the States, territories, and possessions of the
United States.
Sec. 22709. Records and inspection
(a) Records.--The corporation shall keep--
(1) correct and complete records of account;
(2) minutes of the proceedings of its members, executive
committee, and committees having any of the authority of its
executive committee; and
(3) at its registered or principal office, a record of the
names and addresses of its members entitled to vote.
(b) Inspection.--A member, or an agent or attorney of the member,
may inspect the records of the corporation for any proper purpose, at
any reasonable time.
Sec. 22710. Service of process
(a) District of Columbia.--The corporation shall have a designated
agent in the District of Columbia to receive service of process for the
corporation. Notice to or service on the agent, or mailed to the
business address of the agent, is notice to or service on the
corporation.
(b) States.--As a condition to the exercise of any power or
privilege granted by this chapter, the corporation shall file, with the
secretary of state or other designated official of each State,
[[Page 112 STAT. 1309]]
the name and address of an agent in that State on whom legal process or
demands against the corporation may be served.
Sec. 22711. Liability for acts of officials, representatives, and agents
The corporation is liable for the acts of its officials,
representatives, and agents acting within the scope of their authority.
Sec. 22712. Distribution of assets on dissolution or final liquidation
On dissolution or final liquidation of the corporation, any assets
remaining after the discharge or satisfactory provision for discharge of
all liabilities shall be transferred to the Secretary of Veterans
Affairs to be applied to the care and comfort of disabled veterans of
World War II, the Korean conflict, and the Vietnam era.
CHAPTER 229--ARMY AND NAVY UNION OF THE UNITED STATES OF AMERICA
Sec.
22901. Definition.
22902. Organization.
22903. Purposes.
22904. Membership.
22905. Governing body.
22906. Powers.
22907. Restrictions.
22908. Duty to maintain corporate and tax-exempt status.
22909. Records and inspection.
22910. Service of process.
22911. Liability for acts of officers and agents.
22912. Annual report.
Sec. 22901. Definition
For purposes of this chapter, ``State'' includes the District of
Columbia and the territories and possessions of the United States.
Sec. 22902. Organization
(a) Federal Charter.--Army and Navy Union of the United States of
America (in this chapter, the ``corporation''), incorporated in Ohio, is
a federally chartered corporation.
(b) Expiration of Charter.--If the corporation does not comply with
any provision of this chapter, the charter granted by this chapter
expires.
Sec. 22903. Purposes
The purposes of the corporation are as provided in its articles of
incorporation and include--
(1) holding true allegiance to the United States Government
and fidelity to its Constitution, laws, and institutions;
(2) serving our Nation under God in peace as well as in war
by fostering the ideals of faith and patriotism, loyalty,
justice, and liberty, by inculcating in the hearts of young and
old, through precept and practice, the spirit of true
Americanism, and by participating in civic activities for the
good of our country and our community;
(3) uniting in fraternal fellowship those who have served,
or are now serving, honorably in the Armed Forces of the United
States;
(4) protecting and advancing their civic, social, and
economic welfare;
[[Page 112 STAT. 1310]]
(5) aiding them in sickness and distress;
(6) assisting in the burial and commemoration of their dead
and providing help for their widows and orphans; and
(7) perpetuating the memory of patriotic deeds performed by
the defenders of our country.
Sec. 22904. Membership
Eligibility for membership in the corporation and the rights and
privileges of members are as provided in the bylaws.
Sec. 22905. Governing body
(a) Board of Directors.--The board of directors and the
responsibilities of the board are as provided in the articles of
incorporation.
(b) Officers.--The officers and the election of officers are as
provided in the articles of incorporation.
Sec. 22906. Powers
The corporation has only the powers provided in its bylaws and
articles of incorporation filed in each State in which it is
incorporated.
Sec. 22907. Restrictions
(a) Stock and Dividends.--The corporation may not issue stock or
declare or pay a dividend.
(b) Political Activities.--The corporation or a director or officer
as such may not contribute to, support, or participate in any political
activity or in any manner attempt to influence legislation.
(c) Distribution of Income or Assets.--The income or assets of the
corporation may not inure to the benefit of, or be distributed to, a
director, officer, or member during the life of the charter granted by
this chapter. This subsection does not prevent the payment of reasonable
compensation to an officer or reimbursement for actual necessary
expenses in amounts approved by the board of directors.
(d) Loans.--The corporation may not make a loan to a director,
officer, or employee.
(e) Claim of Governmental Approval or Authority.--The corporation
may not claim congressional approval or the authority of the United
States Government for any of its activities.
Sec. 22908. Duty to maintain corporate and tax-exempt status
(a) Corporate Status.--The corporation shall maintain its status as
a corporation incorporated under the laws of Ohio.
(b) Tax-Exempt Status.--The corporation shall maintain its status as
an organization exempt from taxation under the Internal Revenue Code of
1986 (26 U.S.C. 1 et seq.).
Sec. 22909. Records and inspection
(a) Records.--The corporation shall keep--
(1) correct and complete records of account;
(2) minutes of the proceedings of its members, board of
directors, and committees having any of the authority of its
board of directors; and
(3) at its principal office, a record of the names and
addresses of its members entitled to vote.
[[Page 112 STAT. 1311]]
(b) Inspection.--A member entitled to vote, or an agent or attorney
of the member, may inspect the records of the corporation for any proper
purpose, at any reasonable time.
Sec. 22910. Service of process
The corporation shall comply with the law on service of process of
each State in which it is incorporated and each State in which it
carries on activities.
Sec. 22911. Liability for acts of officers and agents
The corporation is liable for the acts of its officers and agents
acting within the scope of their authority.
Sec. 22912. Annual report
The corporation shall submit an annual report to Congress on the
activities of the corporation during the prior fiscal year. The report
shall be submitted at the same time as the report of the audit required
by section 10101 of this title. The report may not be printed as a
public document.
CHAPTER 231--AVIATION HALL OF FAME
Sec.
23101. Organization.
23102. Purposes.
23103. Membership.
23104. Governing body.
23105. Powers.
23106. Restrictions.
23107. Principal office.
23108. Records and inspection.
23109. Statement required in audit report.
23110. Service of process.
23111. Liability for acts of officers and agents.
23112. Distribution of assets on dissolution or final liquidation.
Sec. 23101. Organization
(a) Federal Charter.--Aviation Hall of Fame (in this chapter, the
``corporation'') is a federally chartered corporation.
(b) Perpetual Existence.--Except as otherwise provided, the
corporation has perpetual existence.
Sec. 23102. Purposes
The purposes of the corporation are--
(1) to receive and maintain one or more funds and to use any
part of the principal and income only for charitable,
scientific, literary, or educational purposes, either directly
or by contributing to organizations authorized to carry on
similar activities;
(2) to honor citizens, aviation leaders, pilots, teachers,
scientists, engineers, inventors, governmental leaders, and
other individuals who have helped to make this Nation great by
their outstanding contributions to the establishment,
development, advancement, or improvement of aviation in the
United States;
(3) to perpetuate the memory of those individuals and record
their contributions and achievements by the erection and
maintenance of buildings and monuments as may be appropriate as
a lasting memorial;
(4) to promote a better sense of appreciation of the origins
and growth of aviation, especially in the United States, and
[[Page 112 STAT. 1312]]
the part aviation has played in changing the economic, social,
and scientific aspects of our Nation;
(5) to establish and maintain a library and museum for the
collection and preservation for posterity of the history of
those honored by the organization, together with a documentation
of their accomplishments and contributions to aviation,
including items such as aviation pictures, paintings, books,
papers, documents, scientific data, relics, mementos, artifacts,
and other items related to that history;
(6) to cooperate with other recognized aviation
organizations actively engaged and interested in similar
projects; and
(7) to engage in any other activities appropriate to carry
out the purposes of the corporation.
Sec. 23103. Membership
(a) Eligibility.--Except as provided in this chapter, eligibility
for membership in the corporation and the rights, privileges, and
designation of classes of members are as provided in the bylaws.
(b) Voting.--Each member given voting rights by the bylaws has one
vote on each matter submitted to a vote at a meeting of the voting
members. The vote may be cast in the manner provided in the bylaws.
Sec. 23104. Governing body
(a) Board of Trustees.--(1) The board of trustees is the governing
body of the corporation. Between meetings of the members of the
corporation, the board is responsible for the general policies and
program of the corporation and for the control of all funds of the
corporation.
(2) The number of trustees, their manner of selection (including the
filling of vacancies), and their term of office are as provided in the
bylaws. However, the board shall have at least 18 members.
(3) The board may appoint committees. Each committee has the powers
provided in the bylaws or by resolution of the board. The powers of a
committee may include all the powers of the board.
(b) Officers.--(1) The officers of the corporation are a president,
one or more vice presidents as provided in the bylaws, a secretary, a
treasurer, and other officers as provided in the bylaws.
(2) The manner of election, term of office, and duties of the
officers are as provided in the bylaws.
(c)(1) Board of Nominations.--The board of trustees shall appoint a
board of nominations, consisting of at least 24 members, from members of
the corporation not concurrently serving as members of the board of
trustees. Those individuals serve for the term provided in the bylaws.
(2) The board of nominations shall nominate United States citizens
or residents to be honored by the corporation and recommend those
persons to the board of trustees for consideration as provided in the
bylaws.
Sec. 23105. Powers
The corporation may--
(1) adopt and amend bylaws for the management of its
property and the regulation of its affairs;
(2) adopt and alter a corporate seal;
[[Page 112 STAT. 1313]]
(3) choose officers, trustees, managers, agents, and
employees as the activities of the corporation require;
(4) make contracts;
(5) acquire, own, lease, encumber, and transfer property as
necessary or convenient to carry out the purposes of the
corporation;
(6) borrow money, issue instruments of indebtedness, and
secure its obligations by granting security interests in its
property; and
(7) sue and be sued.
Sec. 23106. Restrictions
(a) Stock and Dividends.--The corporation may not issue stock or
declare or pay a dividend.
(b) Political Activities.--The corporation or a trustee, officer,
employee, member of the board of nominations, or member of the
corporation as such may not contribute to, support, or assist a
political party or candidate for public office.
(c) Distribution of Income or Assets.--The income or assets of the
corporation may not inure to the benefit of, or be distributed to, a
trustee, officer, member of the board of nominations, or member of the
corporation, as such, during the life of the corporation or on its
dissolution or final liquidation. This subsection does not prevent the
payment of reasonable compensation to an officer or employee in an
amount approved by the board of trustees.
(d) Loans.--The corporation may not make a loan or advance to a
trustee, officer, employee, member of the board of nominations, or
member of the corporation. Trustees who vote for or assent to making
such a loan or advance, and officers who participate in making the loan
or advance, are jointly and severally liable to the corporation for the
amount of the loan or advance until it is repaid.
(e) Contributions to Certain Organizations.--None of the principal
or interest of a fund referred to in section 23102(1) of this title may
be contributed to an organization if--
(1) a substantial part of its activities is carrying on
propaganda or attempting to influence legislation; or
(2) any part of its net earnings benefits a private
shareholder or individual.
Sec. 23107. Principal office
The principal office of the corporation shall be in Dayton, Ohio, or
another place decided by the board of trustees. However, the activities
of the corporation are not confined to the place where the principal
office is located but may be conducted throughout the States,
territories, and possessions of the United States.
Sec. 23108. Records and inspection
(a) Records.--The corporation shall keep--
(1) correct and complete records of account;
(2) minutes of the proceedings of its members, board of
trustees, board of nominations, and committees having any of the
authority of its board of trustees; and
(3) at its principal office, a record of the names and
addresses of its members entitled to vote.
[[Page 112 STAT. 1314]]
(b) Inspection.--A member entitled to vote, or an agent or attorney
of the member, may inspect the records of the corporation for any proper
purpose, at any reasonable time.
Sec. 23109. Statement required in audit report
The corporation shall include in the audit report statement required
under section 10101(b)(1)(B) of this title a schedule of all contracts
requiring payments greater than $10,000 and all payments of compensation
or fees at a rate greater than $10,000 a year.
Sec. 23110. Service of process
The corporation shall have a designated agent in the District of
Columbia to receive service of process for the corporation. Notice to or
service on the agent is notice to or service on the corporation.
Sec. 23111. Liability for acts of officers and agents
The corporation is liable for the acts of its officers and agents
acting within the scope of their authority.
Sec. 23112. Distribution of assets on dissolution or final liquidation
On dissolution or final liquidation of the corporation, any assets
remaining after the discharge of all liabilities shall be distributed as
provided by the board of trustees, but consistent with the purposes of
the corporation and in compliance with the charter and bylaws.
CHAPTER 301--BIG BROTHERS--BIG SISTERS OF AMERICA
Sec.
30101. Organization.
30102. Purposes.
30103. Membership.
30104. Governing body.
30105. Powers.
30106. Exclusive right to names, seals, emblems, and badges.
30107. Restrictions.
30108. Principal office.
30109. Records and inspection.
30110. Service of process.
30111. Liability for acts of officers and agents.
30112. Distribution of assets on dissolution or final liquidation.
Sec. 30101. Organization
(a) Federal Charter.--Big Brothers--Big Sisters of America (in this
chapter, the ``corporation'') is a federally chartered corporation.
(b) Place of Incorporation and Domicile.--The corporation is
declared to be incorporated and domiciled in the District of Columbia.
(c) Perpetual Existence.--Except as otherwise provided, the
corporation has perpetual existence.
Sec. 30102. Purposes
The purposes of the corporation are--
(1) to assist individuals throughout the United States in
solving their social and economic problems and in their health
and educational and character development;
[[Page 112 STAT. 1315]]
(2) to promote the use, by other lay and professional
agencies and workers, of the techniques of that assistance
developed by the corporation; and
(3) to receive, invest, and disburse funds and hold property
for the purposes of the corporation.
Sec. 30103. Membership
(a) Eligibility.--Except as provided in this chapter, eligibility
for membership in the corporation and the rights, privileges, and
designation of classes of members are as provided in the constitution
and bylaws of the corporation.
(b) Voting.--Each member has one vote on each matter submitted to a
vote at a meeting of the members.
Sec. 30104. Governing body
(a) Board of Directors.--(1) The board of directors is the governing
body of the corporation. The powers, duties, and responsibilities of the
board are as provided in the constitution and bylaws of the corporation.
(2) The number of directors is as provided in the constitution.
Their manner of selection (including the filling of vacancies) and their
term of office are as provided in the constitution and bylaws.
(b) Officers.--(1) The officers of the corporation are a chairman of
the board of directors, a president, one or more vice presidents as
provided in the constitution and bylaws, a secretary, and a treasurer.
(2) The manner of election, term of office, and duties of the
officers are as provided in the constitution and bylaws.
Sec. 30105. Powers
The corporation may--
(1) adopt and amend a constitution and bylaws for the
management of its property and the regulation of its affairs;
(2) adopt and alter a corporate seal;
(3) choose officers, managers, agents, and employees as the
activities of the corporation require;
(4) make contracts;
(5) acquire, own, lease, encumber, and transfer property as
necessary or convenient to carry out the purposes of the
corporation;
(6) borrow money, issue instruments of indebtedness, and
secure its obligations by granting security interests in its
property; and
(7) sue and be sued.
Sec. 30106. Exclusive right to names, seals, emblems, and badges
The corporation and its subordinate divisions have the exclusive
right to use the names ``The Big Brothers of America, Big Sisters
International, Incorporated'', ``Big Sisters of America'', ``Big
Brothers'', ``Big Sisters'', ``Big Brothers--Big Sisters of America'',
and ``Big Sisters--Big Brothers'', and to use and to allow others to use
seals, emblems, and badges the corporation adopts.
Sec. 30107. Restrictions
(a) Stock and Dividends.--The corporation may not issue stock or
declare or pay a dividend.
[[Page 112 STAT. 1316]]
(b) Political Activities.--The corporation or a director or officer
as such may not contribute to, support, or assist a political party or
candidate for public office.
(c) Distribution of Income or Assets.--The income or assets of the
corporation may not inure to the benefit of, or be distributed to, a
director, officer, or member as such during the life of the corporation
or on its dissolution or final liquidation. This subsection does not
prevent the payment of compensation to an officer in an amount approved
by the board of directors.
(d) Loans.--The corporation may not make a loan or advance to a
director, officer, or employee. Directors who vote for or assent to
making a loan or advance to a director, officer, or employee, and
officers who participate in making the loan or advance, are jointly and
severally liable to the corporation for the amount of the loan or
advance until it is repaid.
Sec. 30108. Principal office
The principal office of the corporation shall be in Philadelphia,
Pennsylvania, or another place decided by the board of directors.
However, the activities of the corporation are not confined to the place
where the principal office is located but may be conducted throughout
the States, territories, and possessions of the United States.
Sec. 30109. Records and inspection
(a) Records.--The corporation shall keep--
(1) correct and complete records of account;
(2) minutes of the proceedings of its members, board of
directors, and committees having any of the authority of its
board of directors; and
(3) at its principal office, a record of the names and
addresses of its members entitled to vote.
(b) Inspection.--A member entitled to vote, or an agent or attorney
of the member, may inspect the records of the corporation for any proper
purpose, at any reasonable time.
Sec. 30110. Service of process
The corporation shall have a designated agent in the District of
Columbia to receive service of process for the corporation. Notice to or
service on the agent, or mailed to the business address of the agent, is
notice to or service on the corporation.
Sec. 30111. Liability for acts of officers and agents
The corporation is liable for the acts of its officers and agents
acting within the scope of their authority.
Sec. 30112. Distribution of assets on dissolution or final liquidation
On dissolution or final liquidation of the corporation, any assets
remaining after the discharge of all liabilities shall be distributed as
provided by the board of directors, but in compliance with the
constitution and bylaws of the corporation.
CHAPTER 303--BLINDED VETERANS ASSOCIATION
Sec.
30301. Organization.
30302. Purposes.
[[Page 112 STAT. 1317]]
30303. Membership.
30304. Governing body.
30305. Powers.
30306. Exclusive right to name, seals, emblems, and badges.
30307. Restrictions.
30308. Principal office.
30309. Records and inspection.
30310. Service of process.
30311. Liability for acts of officers and agents.
30312. Distribution of assets on dissolution or final liquidation.
Sec. 30301. Organization
(a) Federal Charter.--Blinded Veterans Association (in this chapter,
the ``corporation'') is a federally chartered corporation.
(b) Perpetual Existence.--Except as otherwise provided, the
corporation has perpetual existence.
Sec. 30302. Purposes
The purposes of the corporation are--
(1) to operate as a not-for-profit corporation exclusively
for charitable, educational, patriotic, and civic improvement
purposes;
(2) to promote the welfare of blinded veterans so that,
notwithstanding their disabilities, they may take their rightful
place in the community and work with their fellow citizens
toward the creation of a peaceful world;
(3) to preserve and strengthen a spirit of fellowship among
blinded veterans so that they may give mutual aid and assistance
to one another; and
(4) to maintain and extend the institutions of American
freedom and to encourage loyalty to the Constitution and laws of
the United States and of the States in which they reside.
Sec. 30303. Membership
(a) General Membership.--An individual who served in the Armed
Forces of the United States and who, in the line of duty in that
service, sustained a substantial impairment of sight or vision as
defined by the bylaws of the corporation is eligible for general
membership in the corporation.
(b) Honorary and Associate Membership.--In addition to general
membership, the corporation shall have special classes of honorary and
associate membership. Eligibility for, and the rights and obligations
of, those special classes are as provided in the bylaws.
Sec. 30304. Governing body
(a) Board of Directors.--(1) The number of directors of the
corporation shall be at least three but not more than 15. The directors
shall be divided into a specified number of classes. Each class shall
hold office for a definite period of years as provided in the bylaws.
(2) A majority of the directors must be present at a meeting of
directors to constitute a quorum. A majority vote of the directors
present at a meeting at which there is a quorum is necessary for the
transaction of business.
(3) A director may be removed at any time for just and proper cause
by a majority vote of a quorum of directors present at a meeting called
for that purpose.
(4) A vacancy in the office of director may be filled by a majority
vote of a quorum of the remaining directors present at
[[Page 112 STAT. 1318]]
a meeting called for that purpose. A director elected to fill a vacancy
serves until the next annual meeting of the corporation.
(b) Officers.--The officers of the corporation and their manner of
election, term of office, duties, and powers are as provided in the
bylaws.
Sec. 30305. Powers
The corporation may--
(1) adopt and amend a constitution and bylaws for the
management of its property and the regulation of its affairs;
(2) adopt and alter a corporate seal;
(3) choose officers, managers, and agents as the activities
of the corporation require;
(4) charge and collect membership dues;
(5) make contracts;
(6) acquire, own, lease, encumber, and transfer property as
necessary or convenient to carry out the purposes of the
corporation;
(7) borrow money, issue instruments of indebtedness, and
secure its obligations by granting security interests in its
property;
(8) sue and be sued; and
(9) do any other act necessary and proper to carry out the
purposes of the corporation.
Sec. 30306. Exclusive right to name, seals, emblems, and badges
The corporation and its authorized regional groups and other local
subdivisions have the exclusive right to use the name ``Blinded Veterans
Association'' and seals, emblems, and badges the corporation adopts.
Sec. 30307. Restrictions
(a) Stock and Dividends.--The corporation may not issue stock or
declare or pay a dividend.
(b) Political Activities.--The corporation or a director or officer
as such may not contribute to, support, or assist a political party or
candidate for elective public office.
(c) Distribution of Income or Assets.--The income or assets of the
corporation may not inure to the benefit of, or be distributed to, a
director, officer, or member as such during the life of the corporation
or on its dissolution or final liquidation. This section does not
prevent the payment of--
(1) bona fide expenses of officers of the corporation in
amounts approved by the board of directors; or
(2) appropriate aid to blinded veterans or their widows or
children in carrying out the purposes of the corporation.
(d) Loans.--The corporation may not make a loan to a director,
officer, or employee. Directors and officers who vote for or assent to
making a loan to a director, officer, or employee, and officers who
participate in making the loan, are jointly and severally liable to the
corporation for the amount of the loan until it is repaid.
(e) Immunity From Liability.--Members and private individuals are
not liable for the obligations of the corporation.
Sec. 30308. Principal office
The principal office of the corporation shall be in the District of
Columbia or another place decided by the board of directors.
[[Page 112 STAT. 1319]]
However, the activities of the corporation are not confined to the place
where the principal office is located but may be conducted throughout
the States, territories, and possessions of the United States.
Sec. 30309. Records and inspection
(a) Records.--The corporation shall keep--
(1) correct and complete records of account;
(2) minutes of the proceedings of its members, board of
directors, and committees having any of the authority of its
board of directors; and
(3) at its principal office, a record of the names and
addresses of its members, directors, and officers.
(b) Inspection.--A member, or an agent or attorney of the member,
may inspect the records of the corporation for any proper purpose, at
any reasonable time.
Sec. 30310. Service of process
The corporation shall have a designated agent in the District of
Columbia to receive service of process for the corporation. Notice to or
service on the agent, or mailed to the business address of the agent, is
notice to or service on the corporation.
Sec. 30311. Liability for acts of officers and agents
The corporation is liable for the acts of its officers and agents
acting within the scope of their authority.
Sec. 30312. Distribution of assets on dissolution or final liquidation
On dissolution or final liquidation of the corporation, any assets
remaining after the discharge of all liabilities shall be transferred to
the Secretary of Veterans Affairs to be applied to the care and comfort
of blinded veterans.
CHAPTER 305--BLUE STAR MOTHERS OF AMERICA, INC.
Sec.
30501. Definition.
30502. Organization.
30503. Purposes.
30504. Membership.
30505. Governing body.
30506. Powers.
30507. Exclusive right to name, seals, emblems, and badges.
30508. Restrictions.
30509. Principal office.
30510. Records and inspection.
30511. Service of process.
30512. Liability for acts of officers and agents.
30513. Annual report.
30514. Distribution of assets on dissolution or final liquidation.
Sec. 30501. Definition
For purposes of this chapter, ``Armed Forces'' includes the United
States Army, United States Navy, United States Marines, United States
Air Force, United States Coast Guard, National Guard, United States Army
Reserves, United States Navy Reserves, United States Marine Reserves,
United States Air Force Reserves, United States Coast Guard Reserves,
United States Naval Militia, merchant marines, and armed home guards who
have served on active duty.
[[Page 112 STAT. 1320]]
Sec. 30502. Organization
(a) Federal Charter.--Blue Star Mothers of America, Inc. (in this
chapter, the ``corporation''), is a federally chartered corporation.
(b) Place of Incorporation and Domicile.--The corporation is
declared to be incorporated and domiciled in the District of Columbia.
(c) Perpetual Existence.--Except as otherwise provided, the
corporation has perpetual existence.
Sec. 30503. Purposes
The purposes of the corporation are patriotic, educational, social,
and for service, and include--
(1) perpetuating the Blue Star Mothers of America, Inc., and
the memory of all the men and women who have served our country
as members of the Armed Forces;
(2) maintaining true allegiance to the Government of the
United States;
(3) educating members of the corporation and others not to
divulge military, naval, or other Government information;
(4) assisting in veterans' ceremonies;
(5) attending patriotic rallies and meetings;
(6) fostering true democracy;
(7) caring for unsupported mothers who gave their sons to
the service of the Nation;
(8) aiding in bringing about recognition of the need for
permanent civilian defense in each community and the need to be
always alert against invasion of un-American activities;
(9) upholding the American institutions of freedom, justice,
and equal rights; and
(10) defending the United States from all enemies.
Sec. 30504. Membership
An individual is eligible for membership in the corporation if--
(1) she is a mother, adoptive mother, or stepmother (who has
given a mother's care at least since the stepchild was age 13)
of a son or daughter who--
(A) is serving in the Armed Forces; or
(B) has served in, or has been honorably discharged
from, the Armed Forces in World War II or the Korean
hostilities; and
(2) she is living in the United States.
Sec. 30505. Governing body
(a) National Convention.--(1) The national convention is the supreme
governing authority of the corporation.
(2) The national convention is composed of officers and elected
representatives from the States and other local subdivisions of the
corporation as provided in the constitution and bylaws. However, the
form of government of the corporation must be representative of the
membership at large and may not permit concentration of control in a
limited number of members or in a self-perpetuating group not
representative of the membership at large.
(3) The meetings of the national convention may be held in the
District of Columbia or any State, territory, or possession of the
United States.
[[Page 112 STAT. 1321]]
(b) Officers.--The officers of the corporation and their manner of
selection, term of office, and duties are as provided in the
constitution and bylaws of the corporation.
Sec. 30506. Powers
The corporation may--
(1) adopt and amend a constitution and bylaws for the
management of its property and the regulation of its affairs;
(2) adopt and alter a corporate seal;
(3) choose officers, managers, employees, and agents as the
activities of the corporation require;
(4) make contracts;
(5) acquire, own, lease, encumber, and transfer property as
necessary or convenient to carry out the purposes of the
corporation;
(6) borrow money, issue instruments of indebtedness, and
secure its obligations by granting security interests in its
property;
(7) sue and be sued; and
(8) do any other act necessary and proper to carry out the
purposes of the corporation.
Sec. 30507. Exclusive right to name, seals, emblems, and badges
The corporation and its subordinate divisions have the exclusive
right to use the name ``Blue Star Mothers of America, Inc.''. The
corporation has the exclusive right to use, and to allow others to use,
seals, emblems, and badges the corporation adopts.
Sec. 30508. Restrictions
(a) Stock and Dividends.--The corporation may not issue stock or
declare or pay a dividend.
(b) Political Activities.--The corporation or an officer or agent as
such may not contribute to a political party or candidate for public
office.
(c) Distribution of Income or Assets.--The income or assets of the
corporation may not inure to the benefit of, or be distributed to, an
officer or member as such during the life of the corporation or on its
dissolution or final liquidation. This subsection does not prevent the
payment of compensation to an officer or reimbursement for actual
necessary expenses in amounts approved by the council of administration
of the corporation.
(d) Loans.--The corporation may not make a loan or advance to an
officer or employee. Members of the council of administration who vote
for or assent to making a loan or advance to an officer or employee, and
officers who participate in making the loan or advance, are jointly and
severally liable to the corporation for the amount of the loan or
advance until it is repaid.
Sec. 30509. Principal office
The principal office of the corporation shall be in the District of
Columbia.
Sec. 30510. Records and inspection
(a) Records.--The corporation shall keep--
(1) correct and complete records of account; and
(2) minutes of the proceedings of its national conventions
and council of administration.
[[Page 112 STAT. 1322]]
(b) Inspection.--A member, or an agent or attorney of the member,
may inspect the records of the corporation for any proper purpose, at
any reasonable time.
Sec. 30511. Service of process
The corporation shall have a designated agent in the District of
Columbia to receive service of process, notice, or demand for the
corporation. Designation of the agent shall be filed in the office of
the Mayor of the District of Columbia or another office designated by
the Mayor. Notice to or service on the agent is notice to or service on
the corporation.
Sec. 30512. Liability for acts of officers and agents
The corporation is liable for the acts of its officers and agents
acting within the scope of their authority.
Sec. 30513. Annual report
Not later than March 1 of each year, the corporation shall submit a
report to Congress on the activities of the corporation during the prior
fiscal year. The report may consist of a report of the proceedings of
the national convention. The report may not be printed as a public
document.
Sec. 30514. Distribution of assets on dissolution or final liquidation
On dissolution or final liquidation of the corporation, any assets
remaining after the discharge of all liabilities shall be distributed as
provided by the national executive board, but in compliance with the
constitution and bylaws of the corporation.
CHAPTER 307--BOARD FOR FUNDAMENTAL EDUCATION
Sec.
30701. Organization.
30702. Purpose.
30703. Membership.
30704. Governing body.
30705. Powers.
30706. Exclusive right to name, seals, emblems, and badges.
30707. Restrictions.
30708. Principal office.
30709. Records and inspection.
30710. Service of process.
30711. Liability for acts of officers and agents.
30712. Distribution of assets on dissolution or final liquidation.
Sec. 30701. Organization
(a) Federal Charter.--Board for Fundamental Education (in this
chapter, the ``corporation'') is a federally chartered corporation.
(b) Perpetual Existence.--Except as otherwise provided, the
corporation has perpetual existence.
Sec. 30702. Purpose
The purpose of the corporation is to foster the development of
fundamental education through programs and projects such as--
(1) giving citizens (children, youth, and adults) an
opportunity to acquire the understandings and skills necessary
to relate the resources of the community to the needs and
interests of the community;
(2) demonstrating programs of fundamental education and
measuring results; and
[[Page 112 STAT. 1323]]
(3) training men and women as leaders in fundamental
education by providing internships and other experiences.
Sec. 30703. Membership
(a) Eligibility.--Except as provided in this chapter, eligibility
for membership in the corporation and the rights and privileges of
members are as provided in constitution and bylaws of the corporation.
(b) Voting.--Each member has one vote in the conduct of official
business of the corporation.
Sec. 30704. Governing body
(a) Board of Directors.--The board of directors is the governing
body of the corporation. The board shall consist of at least 15
directors elected annually by the members.
(b) Officers.--The officers of the corporation are a chairman of the
board, a president, one or more vice presidents, a secretary, a
treasurer, and any assistant officers designated by the board. The
officers have the powers and shall carry out the duties provided in the
bylaws or prescribed by the board.
Sec. 30705. Powers
The corporation may--
(1) adopt and amend a constitution and bylaws for the
management of its property and the regulation of its affairs;
(2) adopt and alter a corporate seal;
(3) choose officers, managers, agents, and employees as the
activities of the corporation require;
(4) make contracts;
(5) acquire, own, lease, encumber, and transfer property as
necessary to carry out the purposes of the corporation;
(6) borrow money, issue instruments of indebtedness, and
secure its obligations by granting security interests in its
property;
(7) use corporate funds to give prizes, awards, loans,
scholarships, and grants to deserving students to carry out the
purpose of the corporation;
(8) publish a magazine and other publications;
(9) sue and be sued; and
(10) do any other act necessary and proper to carry out the
purpose of the corporation.
Sec. 30706. Exclusive right to name, seals, emblems, and badges
The corporation has the exclusive right to use the name ``Board for
Fundamental Education'' and seals, emblems, and badges the corporation
adopts.
Sec. 30707. Restrictions
(a) Profit.--The corporation may not engage in business for profit.
(b) Stock and Dividends.--The corporation may not issue stock or
declare or pay a dividend.
(c) Political Activities.--The corporation or a director, officer,
or member as such may not contribute to, support, or assist a political
party or candidate for elective public office.
(d) Distribution of Income or Assets.--The income or assets of the
corporation may not inure to the benefit of, or be distributed
[[Page 112 STAT. 1324]]
to, a director, officer, or member except on dissolution or final
liquidation of the corporation.
(e) Loans.--The corporation may not make a loan to a director,
officer, or employee. Directors who vote for or assent to making a loan
to a director, officer, or employee, and officers who participate in
making the loan, are jointly and severally liable to the corporation for
the amount of the loan until it is repaid.
Sec. 30708. Principal office
The principal office of the corporation shall be in a place the
board of directors decides is appropriate. However, the activities of
the corporation may be conducted throughout the States, territories, and
possessions of the United States.
Sec. 30709. Records and inspection
(a) Records.--The corporation shall keep--
(1) correct and complete records of account;
(2) minutes of the proceedings of its members, board of
directors, and committees having any of the authority of its
board of directors; and
(3) a record of the names and addresses of its members
entitled to vote.
(b) Inspection.--A member, or an agent or attorney of the member,
may inspect the records of the corporation at any reasonable time.
Sec. 30710. Service of process
(a) District of Columbia.--The corporation shall have a designated
agent in the District of Columbia to receive service of process for the
corporation. Designation of the agent shall be filed in the office of
the clerk of the United States District Court for the District of
Columbia. Notice to or service on the agent, or mailed to the business
address of the agent, is notice to or service on the corporation.
(b) States, Territories, and Possessions.--As a condition to the
exercise of any power or privilege granted by this chapter, the
corporation shall file, with the secretary of state or other designated
official of each State, territory, or possession of the United States in
which the corporation does business, the name and address of an agent in
that State, territory, or possession on whom legal process or demands
against the corporation may be served.
Sec. 30711. Liability for acts of officers and agents
The corporation is liable for the acts of its officers and agents
acting within the scope of their authority.
Sec. 30712. Distribution of assets on dissolution or final liquidation
On dissolution or final liquidation of the corporation, any assets
remaining after the discharge of all liabilities shall be used by the
board of directors for the purpose stated in section 30702 of this title
or be transferred to a recognized educational foundation.
CHAPTER 309--BOY SCOUTS OF AMERICA
Sec.
30901. Organization.
30902. Purposes.
[[Page 112 STAT. 1325]]
30903. Governing body.
30904. Powers.
30905. Exclusive right to emblems, badges, marks, and words.
30906. Restrictions.
30907. Annual and special meetings.
30908. Annual report.
Sec. 30901. Organization
(a) Federal Charter.--Boy Scouts of America (in this chapter, the
``corporation'') is a body corporate and politic of the District of
Columbia.
(b) Domicile.--The domicile of the corporation is the District of
Columbia.
(c) Perpetual Existence.--Except as otherwise provided, the
corporation has perpetual existence.
Sec. 30902. Purposes
The purposes of the corporation are to promote, through
organization, and cooperation with other agencies, the ability of boys
to do things for themselves and others, to train them in scoutcraft, and
to teach them patriotism, courage, self-reliance, and kindred virtues,
using the methods that were in common use by boy scouts on June 15,
1916.
Sec. 30903. Governing body
(a) Executive Board.--An executive board composed of citizens of the
United States is the governing body of the corporation. The number,
qualifications, and term of office of members of the board are as
provided in the bylaws. A vacancy on the board shall be filled by a
majority vote of the remaining members of the board.
(b) Quorum.--The bylaws may prescribe the number of members of the
board necessary for a quorum. That number may be less than a majority of
the entire board.
(c) Committees.--(1) The board, by resolution passed by a majority
of the entire board, may designate 3 or more members of the board as an
executive or governing committee. A majority of the committee is a
quorum. The committee, to the extent provided in the resolution or
bylaws, may--
(A) exercise the powers of the executive board in managing
the activities of the corporation; and
(B) authorize the seal of the corporation to be affixed to
papers that may require it.
(2) The board, by majority vote of the entire board, may appoint
other standing committees. The standing committees may exercise powers
as provided in the bylaws.
Sec. 30904. Powers
(a) General.--The corporation may--
(1) adopt and amend bylaws and regulations, including
regulations for the election of associates and successors;
(2) adopt and alter a corporate seal;
(3) have offices and conduct its activities in the District
of Columbia and the States, territories, and possessions of the
United States;
(4) acquire and own property as necessary to carry out the
purposes of the corporation;
(5) sue and be sued within the jurisdiction of the United
States; and
[[Page 112 STAT. 1326]]
(6) do any other act necessary to carry out this chapter and
promote the purpose of the corporation.
(b) Limitations on Exercising Certain Powers.--(1) The corporation
may execute mortgages and liens on the property of the corporation only
if approved by a two-thirds vote of the entire executive board at a
meeting called for that purpose.
(2) The corporation may dispose in any manner of the whole property
of the corporation only with the written consent and affirmative vote of
a majority of the members of the corporation.
Sec. 30905. Exclusive right to emblems, badges, marks, and words
The corporation has the exclusive right to use emblems, badges,
descriptive or designating marks, and words or phrases the corporation
adopts. This section does not affect any vested rights.
Sec. 30906. Restrictions
(a) Profit.--The corporation may not operate for pecuniary profit to
its members.
(b) Stocks and Dividends.--The corporation may not issue stock or
declare or pay a dividend.
Sec. 30907. Annual and special meetings
(a) Annual Meetings.--The corporation shall hold an annual meeting
at a time and place as provided in the bylaws. At the meeting, the
annual reports of the officers and executive board shall be presented,
and members of the board shall be elected for the next year.
(b) Special Meetings.--Special meetings of the corporation may be
called on notice as provided in the bylaws.
(c) Quorum.--The number of members necessary for a quorum at an
annual or special meeting shall be prescribed in the bylaws.
(d) Locations.--The members and the executive board may hold
meetings and keep the seal and records of the corporation in or outside
the District of Columbia.
Sec. 30908. Annual report
Not later than April 1 of each year, the corporation shall submit a
report to Congress on the activities of the corporation during the prior
calendar year.
CHAPTER 311--BOYS & GIRLS CLUBS OF AMERICA
Sec.
31101. Organization.
31102. Purposes.
31103. Membership.
31104. Governing body.
31105. Powers.
31106. Restrictions.
31107. Principal office.
31108. Records and inspection.
31109. Service of process.
31110. Liability for acts of officers and agents.
31111. Distribution of assets on dissolution or final liquidation.
Sec. 31101. Organization
(a) Federal Charter.--Boys & Girls Clubs of America (in this
chapter, the ``corporation'') is a federally chartered corporation.
[[Page 112 STAT. 1327]]
(b) Place of Incorporation and Domicile.--The corporation is
declared to be incorporated and domiciled in the District of Columbia.
(c) Perpetual Existence.--Except as otherwise provided, the
corporation has perpetual existence.
Sec. 31102. Purposes
The purposes of the corporation are--
(1) to promote the health, social, educational, vocational,
and character development of youth throughout the United States;
and
(2) to receive, invest, and disburse funds and to hold
property for the purposes of the corporation.
Sec. 31103. Membership
(a) Eligibility.--Except as provided in this chapter, eligibility
for membership in the corporation and the rights, privileges, and
designation of classes of members are as provided in the constitution
and bylaws of the corporation.
(b) Voting.--Each member has one vote on each matter submitted to a
vote at a meeting of the members.
(c) Benefits of Member Organizations.--Each organization that is a
member of the corporation as provided in the constitution of the
corporation is entitled to all the benefits of incorporation under this
chapter. Those benefits cease immediately on termination of membership,
whether by--
(1) resignation from the corporation; or
(2) termination of its membership by the board of directors
of the corporation as provided in the constitution.
Sec. 31104. Governing body
(a) Board of Directors.--(1) The board of directors is the governing
body of the corporation. The powers, duties, and responsibilities of the
board are as provided in the constitution and bylaws of the corporation.
(2) The number of directors is as provided in the constitution of
the corporation. Their manner of selection (including the filling of
vacancies) and their term of office are as provided in the constitution
and bylaws.
(b) Officers.--(1) The officers of the corporation are a chairman of
the board of directors, a president, one or more vice presidents as
provided in the constitution and bylaws, a secretary, a treasurer, and
one or more assistant secretaries and assistant treasurers as provided
in the constitution and bylaws.
(2) The manner of election, term of office, and duties of the
officers are as provided in the constitution and bylaws.
Sec. 31105. Powers
The corporation may--
(1) adopt and amend a constitution and bylaws for the
management of its property and the regulation of its affairs;
(2) adopt and alter a corporate seal;
(3) choose officers, managers, agents, and employees as the
activities of the corporation require;
(4) make contracts;
[[Page 112 STAT. 1328]]
(5) acquire, own, lease, encumber, and transfer property as
necessary or convenient to carry out the purposes of the
corporation;
(6) borrow money, issue instruments of indebtedness, and
secure its obligations by granting security interests in its
property; and
(7) sue and be sued.
Sec. 31106. Restrictions
(a) Stock and Dividends.--The corporation may not issue stock or
declare or pay a dividend.
(b) Political Activities.--The corporation or a director or officer
as such may not contribute to, support, or assist a political party or
candidate for public office.
(c) Distribution of Income or Assets.--The income or assets of the
corporation may not inure to the benefit of, or be distributed to, a
director, officer, or member as such during the life of the corporation
or on its dissolution or final liquidation. This subsection does not
prevent the payment of compensation to an officer in an amount approved
by the board of directors.
(d) Loans.--The corporation may not make a loan or advance to a
director, officer, or employee. Directors who vote for or assent to
making a loan or advance to a director, officer, or employee, and
officers who participate in making the loan or advance, are jointly and
severally liable to the corporation for the amount of the loan or
advance until it is repaid.
Sec. 31107. Principal office
The principal office of the corporation shall be in New York, New
York, or another place decided by the board of directors. However, the
activities of the corporation are not confined to the place where the
principal office is located but may be conducted throughout the States,
territories, and possessions of the United States.
Sec. 31108. Records and inspection
(a) Records.--The corporation shall keep--
(1) correct and complete records of account;
(2) minutes of the proceedings of its members, board of
directors, and committees having any of the authority of its
board of directors; and
(3) at its principal office, a record of the names and
addresses of its members entitled to vote.
(b) Inspection.--A member entitled to vote, or an agent or attorney
of the member, may inspect the records of the corporation for any proper
purpose, at any reasonable time.
Sec. 31109. Service of process
The corporation shall have a designated agent in the District of
Columbia to receive service of process for the corporation. Notice to or
service on the agent, or mailed to the business address of the agent, is
notice to or service on the corporation.
Sec. 31110. Liability for acts of officers and agents
The corporation is liable for the acts of its officers and agents
acting within the scope of their authority.
[[Page 112 STAT. 1329]]
Sec. 31111. Distribution of assets on dissolution or final liquidation
On dissolution or final liquidation of the corporation, any assets
remaining after the discharge of all liabilities shall be distributed as
provided by the board of directors, but in compliance with the
constitution and bylaws of the corporation.
CHAPTER 401--CATHOLIC WAR VETERANS OF THE UNITED STATES OF AMERICA,
INCORPORATED
Sec.
40101. Definition.
40102. Organization.
40103. Purposes.
40104. Membership.
40105. Governing body.
40106. Powers.
40107. Restrictions.
40108. Duty to maintain tax-exempt status.
40109. Records and inspection.
40110. Service of process.
40111. Liability for acts of officers and agents.
40112. Annual report.
Sec. 40101. Definition
For purposes of this chapter, ``State'' includes the District of
Columbia and the territories and possessions of the United States.
Sec. 40102. Organization
(a) Federal Charter.--Catholic War Veterans of the United States of
America, Incorporated (in this chapter, the ``corporation''),
incorporated in New York, is a federally chartered corporation.
(b) Expiration of Charter.--If the corporation does not comply with
any provision of this chapter, the charter granted by this chapter
expires.
Sec. 40103. Purposes
The purposes of the corporation are as provided in the articles of
incorporation and include a continuing commitment, on a national basis,
to--
(1) preserve, protect, and defend the Constitution of the
United States and the laws of the States;
(2) commemorate the wars, campaigns, and military actions of
the United States to reflect profound respect, high honor, and
great tribute on the glorious dead and the surviving veterans of
those wars, campaigns, and actions and to give all Americans a
greater understanding of and appreciation for the sacrifices of
those who participated in them for all Americans;
(3) stimulate to the highest degree possible the interests
of the entire Nation in the problems of veterans, their widows,
and orphans;
(4) cooperate to the fullest extent and in a harmonious
manner with all veterans' organizations in common projects
designed to serve the interests of all veterans of all wars in
which the United States has participated;
(5) collate, preserve, and encourage the study of historical
episodes, chronicles, mementos, and events pertaining to the
wars, campaigns, and military actions of the United States;
[[Page 112 STAT. 1330]]
(6) inculcate an enduring love of country, a deep and
abiding sense of patriotism, and a profound commitment to
Americanism among all the people of the United States;
(7) encourage, among the youth of our Nation, respect for
our national flag, our anthem, and the traditions of America;
(8) preserve the freedoms of all the people, national peace,
prosperity, tranquility, good will, the permanence of free
institutions, and the defense of the United States;
(9) foster the association of veterans of the Catholic faith
who have served in the Armed Forces of the United States;
(10) encourage morality in government, labor, management,
economic, social, fraternal, and all other phases of American
life;
(11) promote the realization that the family is the basic
unit of society;
(12) increase our love, honor, and service to God and to our
fellow man without regard to race, creed, color, or national
origin; and
(13) function as a veterans' and patriotic organization as
authorized by the laws of the each State in which it is
incorporated.
Sec. 40104. Membership
Eligibility for membership in the corporation and the rights and
privileges of members are as provided in the bylaws.
Sec. 40105. Governing body
(a) Board of Directors.--The board of directors and the
responsibilities of the board are as provided in the articles of
incorporation.
(b) Officers.--The officers and the election of officers are as
provided in the articles of incorporation.
Sec. 40106. Powers
The corporation has only the powers provided in its bylaws and
articles of incorporation filed in each State in which it is
incorporated.
Sec. 40107. Restrictions
(a) Stock and Dividends.--The corporation may not issue stock or
declare or pay a dividend.
(b) Distribution of Income or Assets.--The income or assets of the
corporation may not inure to the benefit of, or be distributed to, a
director, officer, or member during the life of the charter granted by
this chapter. This subsection does not prevent the payment of reasonable
compensation to an officer or employee in an amount approved by the
board of directors.
(c) Loans.--The corporation may not make a loan to a director,
officer, or employee.
(d) Claim of Governmental Approval or Authorization.--The
corporation may not claim congressional approval or the authority of the
United States Government for any of its activities.
Sec. 40108. Duty to maintain tax-exempt status
The corporation shall maintain its status as an organization exempt
from taxation under the Internal Revenue Code of 1986 (26 U.S.C. 1 et
seq.).
[[Page 112 STAT. 1331]]
Sec. 40109. Records and inspection
(a) Records.--The corporation shall keep--
(1) correct and complete records of account;
(2) minutes of the proceedings of its members, board of
directors, and committees having any of the authority of its
board of directors; and
(3) at its principal office, a record of the names and
addresses of its members entitled to vote.
(b) Inspection.--A member entitled to vote, or an agent or attorney
of the member, may inspect the records of the corporation for any proper
purpose, at any reasonable time.
Sec. 40110. Service of process
The corporation shall comply with the law on service of process of
each State in which it is incorporated and each State in which it
carries on activities.
Sec. 40111. Liability for acts of officers and agents
The corporation is liable for the acts of its officers and agents
acting within the scope of their authority.
Sec. 40112. Annual report
The corporation shall submit an annual report to Congress on the
activities of the corporation during the prior fiscal year. The report
shall be submitted at the same time as the report of the audit required
by section 10101 of this title. The report may not be printed as a
public document.
CHAPTER 403--CIVIL AIR PATROL
Sec.
40301. Organization.
40302. Purposes.
40303. Membership.
40304. Powers.
40305. Restrictions.
40306. Exclusive right to name, insignia, copyrights, emblems, badges,
marks, and words.
40307. Annual report.
Sec. 40301. Organization
(a) Federal Charter.--Civil Air Patrol (in this chapter, the
``corporation'') is a federally chartered corporation.
(b) Perpetual Existence.--Except as otherwise provided, the
corporation has perpetual existence.
Sec. 40302. Purposes
The purposes of the corporation are to--
(1) provide an organization to--
(A) encourage and aid citizens of the United States
in contributing their efforts, services, and resources
in developing aviation and in maintaining air supremacy;
and
(B) encourage and develop by example the voluntary
contribution of private citizens to the public welfare;
(2) provide aviation education and training especially to
its senior and cadet members;
(3) encourage and foster civil aviation in local
communities; and
[[Page 112 STAT. 1332]]
(4) provide an organization of private citizens with
adequate facilities to assist in meeting local and national
emergencies.
Sec. 40303. Membership
Eligibility for membership in the corporation and the rights and
privileges of members are as provided in the constitution and bylaws of
the corporation.
Sec. 40304. Powers
The corporation may--
(1) adopt and amend a constitution, bylaws, and regulations;
(2) adopt and alter a corporate seal;
(3) establish and maintain offices in the District of
Columbia and the States, territories, and possessions of the
United States to conduct its affairs;
(4) acquire, own, lease, encumber, and transfer property as
necessary to carry out the purposes of the corporation;
(5) sue and be sued; and
(6) do any other act necessary and proper to carry out the
purposes of the corporation.
Sec. 40305. Restrictions
The corporation may not engage in business for profit or issue
stock.
Sec. 40306. Exclusive right to name, insignia, copyrights, emblems,
badges, marks, and words
The corporation has the exclusive right to use the name ``Civil Air
Patrol'' and all insignia, copyrights, emblems, badges, descriptive or
designating marks, words, and phrases the corporation adopts. This
section does not affect any vested rights.
Sec. 40307. Annual report
The corporation shall submit an annual report to Congress on the
activities of the corporation during the prior fiscal year.
CHAPTER 405--CONGRESSIONAL MEDAL OF HONOR SOCIETY OF THE UNITED STATES
OF AMERICA
Sec.
40501. Organization.
40502. Purposes.
40503. Membership.
40504. Governing body.
40505. Powers.
40506. Restrictions.
40507. Principal office.
40508. Records and inspection.
40509. Service of process.
40510. Liability.
40511. Distribution of assets on dissolution or final liquidation.
Sec. 40501. Organization
(a) Federal Charter.--Congressional Medal of Honor Society of the
United States of America (in this chapter, the ``corporation'') is a
federally chartered corporation.
(b) Place of Incorporation and Domicile.--The corporation is
declared to be incorporated and domiciled in the District of Columbia.
[[Page 112 STAT. 1333]]
(c) Perpetual Existence.--Except as otherwise provided, the
corporation has perpetual existence.
Sec. 40502. Purposes
The purposes of the corporation are--
(1) to form a bond of friendship and comradeship among all
holders of the Medal of Honor as presented by Congress;
(2) to protect, uphold, and preserve the dignity and honor
of the medal at all times and on all occasions;
(3) to protect the name of the medal and individual holders
of the medal from exploitation;
(4) to provide appropriate aid to all persons to whom the
medal has been awarded, their widows, or their children;
(5) to serve our country in peace as in war;
(6) to inspire and stimulate our youth to become worthy
citizens of our country; and
(7) to foster and perpetuate Americanism.
Sec. 40503. Membership
(a) Eligibility.--An individual who has been awarded the Medal of
Honor as presented by Congress is eligible for membership in the
corporation. An honorary membership may not be granted.
(b) Voting.--Each member has one vote on each matter submitted to a
vote at a meeting of the members. The vote may be cast in person or by
proxy.
Sec. 40504. Governing body
(a) Board of Directors.--(1) The board of directors is the governing
body of the corporation. The board may exercise, or provide for the
exercise of, the powers of the corporation.
(2) The number of directors, their manner of election (including the
filling of vacancies), and their term of office are as provided in the
bylaws. However, the board shall have at least 9 directors.
(3) The board shall meet at least annually. Each director has one
vote on matters decided by the board.
(4) The president of the corporation is the chairman of the board.
(b) Officers.--(1) The officers of the corporation are a president,
an executive vice president, a secretary, a treasurer, and 6 regional
vice presidents as provided in the bylaws. The offices of secretary and
treasurer may be combined and held by the same individual, but an
individual holding those combined offices has only one vote as a
director.
(2) The manner of election, term of office, duties, and powers of
the officers are as provided in the bylaws.
Sec. 40505. Powers
The corporation may--
(1) adopt and amend a constitution and bylaws for the
management of its property and the regulation of its affairs;
(2) adopt and alter a corporate seal;
(3) choose officers, managers, and agents as the activities
of the corporation require;
(4) charge and collect membership dues;
(5) make contracts;
[[Page 112 STAT. 1334]]
(6) acquire, own, lease, encumber, and transfer property as
necessary or convenient to carry out the purposes of the
corporation;
(7) borrow money, issue instruments of indebtedness, and
secure its obligations by granting security interests in its
property;
(8) sue and be sued; and
(9) do any other act necessary and proper to carry out the
purposes of the corporation.
Sec. 40506. Restrictions
(a) Stock and Dividends.--The corporation may not issue stock or
declare or pay a dividend.
(b) Political Activities.--The corporation or a director or officer
as such may not contribute to, support, or participate in any political
activity or in any manner attempt to influence legislation.
(c) Distribution of Income or Assets.--The income or assets of the
corporation may not inure to the benefit of, or be distributed to, a
director, officer, or member as such during the life of the corporation
or on its dissolution or final liquidation. This subsection does not
prevent the payment of--
(1) expenses of officers of the corporation in amounts
approved by the board of directors; or
(2) appropriate aid to individuals to whom the Medal of
Honor has been awarded, their widows, or their children, to
carry out the purposes of the corporation.
(d) Loans.--The corporation may not make a loan to a director,
officer, or employee. Directors and officers who vote for or assent to
making a loan to a director, officer, or employee, and officers who
participate in making the loan, are jointly and severally liable to the
corporation for the amount of the loan until it is repaid.
Sec. 40507. Principal office
The principal office of the corporation shall be in the District of
Columbia or another place decided by the board of directors. However,
the activities of the corporation are not confined to the place where
the principal office is located but may be conducted throughout the
States, territories, and possessions of the United States.
Sec. 40508. Records and inspection
(a) Records.--The corporation shall keep--
(1) correct and complete records of account;
(2) minutes of the proceedings of its members, board of
directors, and committees having any of the authority of its
board of directors; and
(3) at its principal office, a record of the names and
addresses of its members entitled to vote.
(b) Inspection.--A member entitled to vote, or an agent or attorney
of the member, may inspect the records of the corporation for any proper
purpose, at any reasonable time.
Sec. 40509. Service of process
The corporation shall have a designated agent in the District of
Columbia to receive service of process for the corporation. Notice
[[Page 112 STAT. 1335]]
to or service on the agent, or mailed to the business address of the
agent, is notice to or service on the corporation.
Sec. 40510. Liability
(a) Liability of Corporation.--The corporation is liable for the
acts of its officers and agents acting within the scope of their
authority.
(b) Immunity of Individuals.--A member or private individual is not
liable for the obligations of the corporation.
Sec. 40511. Distribution of assets on dissolution or final liquidation
On dissolution or final liquidation of the corporation, any assets
remaining after the discharge of all liabilities shall be distributed as
provided by the board of directors, but in compliance with the bylaws.
CHAPTER 407--CORPORATION FOR THE PROMOTION OF RIFLE PRACTICE AND
FIREARMS SAFETY
SUBCHAPTER I--CORPORATION
Sec.
40701. Organization.
40702. Governing body.
40703. Powers.
40704. Restrictions.
40705. Duty to maintain tax-exempt status.
40706. Distribution of assets on dissolution.
40707. Nonapplication of audit requirements.
SUBCHAPTER II--CIVILIAN MARKSMANSHIP PROGRAM
40721. Responsibility of corporation.
40722. Functions.
40723. Eligibility for participation.
40724. Priority of youth participation.
40725. National Matches and small-arms firing school.
40726. Allowances for junior competitors.
40727. Army support.
40728. Transfer of firearms, ammunition, and parts.
40729. Reservation of firearms, ammunition, and parts.
40730. Surplus property.
40731. Issuance or loan of firearms and supplies.
40732. Sale of firearms and supplies.
40733. Applicability of other law.
SUBCHAPTER I--CORPORATION
Sec. 40701. Organization
(a) Federal Charter.--Corporation for the Promotion of Rifle
Practice and Firearms Safety (in this chapter, the ``corporation'') is a
federally chartered corporation.
(b) Non-Governmental Status.--The corporation is a private
corporation, not a department, agency, or instrumentality of the United
States Government. An officer or employee of the corporation is not an
officer or employee of the Government.
Sec. 40702. Governing body
(a) Board of Directors.--(1) The board of directors is the governing
body of the corporation. The board of directors may adopt bylaws,
policies, and procedures for the corporation and may take any other
action that it considers necessary for the management and operation of
the corporation.
[[Page 112 STAT. 1336]]
(2) The board shall have at least 9 directors.
(3) The term of office of a director is 2 years. A director may be
reappointed.
(4) A vacancy on the board of directors shall be filled by a
majority vote of the remaining directors.
(b) Director of Civilian Marksmanship.--(1) The board of directors
shall appoint the Director of Civilian Marksmanship.
(2) The Director is responsible for--
(A) the daily operation of the corporation; and
(B) the duties of the corporation under subchapter II of
this chapter.
Sec. 40703. Powers
The corporation may--
(1) adopt, use, and alter a corporate seal, which shall be
judicially noticed;
(2) make contracts;
(3) acquire, own, lease, encumber, and transfer property as
necessary or convenient to carry out the activities of the
corporation;
(4) incur and pay obligations;
(5) charge fees to cover the corporation's costs in carrying
out the Civilian Marksmanship Program; and
(6) do any other act necessary and proper to carry out the
activities of the corporation.
Sec. 40704. Restrictions
(a) Profit.--The corporation may not operate for profit.
(b) Use of Amounts Collected.--Amounts collected under section
40703(3) and (5) of this title, including proceeds from the sale of
firearms, ammunition, repair parts, and other supplies, may be used only
to support the Civilian Marksmanship Program.
Sec. 40705. Duty to maintain tax-exempt status
The corporation shall be operated in a manner and for purposes that
qualify the corporation for exemption from taxation under section 501(a)
of the Internal Revenue Code of 1986 (26 U.S.C. 501(a)) as an
organization described in section 501(c)(3) of that Code (26 U.S.C.
501(c)(3)).
Sec. 40706. Distribution of assets on dissolution
(a) Secretary of the Army.--On dissolution of the corporation, title
to the following items, and the right to possess the items, vest in the
Secretary of the Army--
(1) firearms stored at Defense Distribution Depot, Anniston,
Anniston, Alabama on the date of dissolution.
(2) M-16 rifles under control of the corporation.
(3) trophies received from the National Board for the
Promotion of Rifle Practice through the date of dissolution.
(b) Tax-Exempt Organizations.--(1) On dissolution of the
corporation, an asset not described in subsection (a) of this section
may be distributed to an organization that--
(A) is exempt from taxation under section 501(a) of the
Internal Revenue Code of 1986 (26 U.S.C. 501(a)) as an
organization described in section 501(c)(3) of that Code (26
U.S.C. 501(c)(3)); and
[[Page 112 STAT. 1337]]
(B) performs functions similar to the functions described in
section 40722 of this title.
(2) An asset distributed under this subsection may not be
distributed to an individual.
(c) Treasury.--On dissolution of the corporation, any asset not
distributed under subsection (a) or (b) of this section shall be sold
and the proceeds shall be deposited in the Treasury.
Sec. 40707. Nonapplication of audit requirements
The audit requirements of section 10101 of this title do not apply
to the corporation.
SUBCHAPTER II--CIVILIAN MARKSMANSHIP PROGRAM
Sec. 40721. Responsibility of corporation
The corporation shall supervise and control the Civilian
Marksmanship Program.
Sec. 40722. Functions
The functions of the Civilian Marksmanship Program are--
(1) to instruct citizens of the United States in
marksmanship;
(2) to promote practice and safety in the use of firearms;
(3) to conduct competitions in the use of firearms and to
award trophies, prizes, badges, and other insignia to
competitors;
(4) to secure and account for firearms, ammunition, and
other equipment for which the corporation is responsible;
(5) to issue, loan, or sell firearms, ammunition, repair
parts, and other supplies under sections 40731 and 40732 of this
title; and
(6) to procure necessary supplies and services to carry out
the Program.
Sec. 40723. Eligibility for participation
(a) Certification.--(1) An individual shall certify by affidavit,
before participating in an activity sponsored or supported by the
corporation, that the individual--
(A) has not been convicted of a felony;
(B) has not been convicted of a violation of section 922 of
title 18; and
(C) is not a member of an organization that advocates the
violent overthrow of the United States Government.
(2) The Director of Civilian Marksmanship may require an individual
to provide certification from law enforcement agencies to verify that
the individual has not been convicted of a felony or a violation of
section 922 of title 18.
(b) Ineligibility.--An individual may not participate in an activity
sponsored or supported by the corporation if the individual--
(1) has been convicted of a felony; or
(2) has been convicted of a violation of section 922 of
title 18.
(c) Limiting Participation.--The Director may limit participation in
the program as necessary to ensure--
(1) the safety of participants;
[[Page 112 STAT. 1338]]
(2) the security of firearms, ammunition, and equipment; and
(3) the quality of instruction in the use of firearms.
Sec. 40724. Priority of youth participation
In carrying out the Civilian Marksmanship Program, the corporation
shall give priority to activities that benefit firearms safety,
training, and competition for youth and that reach as many youth
participants as possible.
Sec. 40725. National Matches and small-arms firing school
(a) Annual Competition.--An annual competition called the ``National
Matches'' and consisting of rifle and pistol matches for a national
trophy, medals, and other prizes shall be held as prescribed by the
Secretary of the Army.
(b) Eligible Participants.--The National Matches are open to members
of the Armed Forces, National Guard, Reserve Officers' Training Corps,
Air Force Reserve Officers' Training Corps, Citizens' Military Training
Camps, Citizens' Air Training Camps, and rifle clubs, and to civilians.
(c) Small-Arms Firing School.--A small-arms firing school shall be
held in connection with the National Matches.
(d) Other Competitions.--Competitions for which trophies and medals
are provided by the National Rifle Association of America shall be held
in connection with the National Matches.
Sec. 40726. Allowances for junior competitors
(a) Definition.--In this section, a ``junior competitor'' is a
competitor at the National Matches, a small-arms firing school, a
competition in connection with the National Matches, or a special clinic
under section 40725 of this title who is--
(1) less than 18 years of age; or
(2) a member of a gun club organized for the students of a
college or university.
(b) Subsistence Allowance.--A junior competitor may be paid a
subsistence allowance in an amount prescribed by the Secretary of the
Army.
(c) Travel Allowance.--A junior competitor may be paid a travel
allowance in an amount prescribed by the Secretary instead of travel
expenses and subsistence while traveling. The travel allowance for the
return trip may be paid in advance.
Sec. 40727. Army support
(a) Logistical Support.--The Secretary of the Army shall provide
logistical support to the Civilian Marksmanship Program for competitions
and other activities. The corporation shall reimburse the Secretary for
incremental direct costs incurred in providing logistical support. The
reimbursements shall be credited to the appropriations account of the
Department of the Army that is charged to provide the logistical
support.
(b) National Matches.--(1) The National Matches may be held at
Department of Defense facilities where the National Matches were held
before February 10, 1996.
(2) The Secretary shall provide, without cost to the corporation,
members of the National Guard and Army Reserve to support the National
Matches as part of the annual training under title 10 and title 32.
[[Page 112 STAT. 1339]]
(c) Regulations.--The Secretary shall prescribe regulations to carry
out this section.
Sec. 40728. Transfer of firearms, ammunition, and parts
(a) Required Transfers.--In accordance with subsection (b) of this
section, the Secretary of the Army shall transfer to the corporation all
firearms and ammunition that, on February 9, 1996, were under the
control of the director of civilian marksmanship (as that position
existed under section 4307 of title 10 on February 9, 1996), including--
(1) all firearms on loan to affiliated clubs and State
associations;
(2) all firearms in the possession of the Civilian
Marksmanship Support Detachment; and
(3) all M-1 Garand and caliber .22 rimfire rifles stored at
Defense Distribution Depot, Anniston, Anniston, Alabama.
(b) Time for Transfers.--The Secretary shall transfer firearms and
ammunition under subsection (a) of this section as and when necessary to
enable the corporation--
(1) to issue or loan firearms or ammunition under section
40731 of this title; or
(2) to sell firearms or ammunition under section 40732 of
this title.
(c) Vesting of Title in Transferred Items.--Title to an item
transferred to the corporation under this section shall vest in the
corporation--
(1) on the issuance of the item to an eligible recipient
under section 40731 of this title; or
(2) immediately before the corporation delivers the item to
a purchaser in accordance with a contract for sale of the item
that is authorized under section 40732 of this title.
(d) Storage of Firearms.--Firearms stored at Defense Distribution
Depot, Anniston, Anniston, Alabama, before February 10, 1996, and used
for the Civilian Marksmanship Program (as that program existed under
section 4308(e) of title 10 before February 10, 1996), shall remain at
that facility or another storage facility designated by the Secretary,
without cost to the corporation, until the firearms are issued, loaned,
or sold by the corporation, or otherwise transferred to the corporation.
(e) Discretionary Transfer of Parts.--The Secretary may transfer
from the inventory of the Department of the Army to the corporation any
part from a rifle designated to be demilitarized.
(f ) Limitation on Demilitarization of M-1 Rifles.--After February
10, 1996, the Secretary may not demilitarize an M-1 Garand rifle in the
inventory of the Army unless the Defense Logistics Agency decides the
rifle is unserviceable.
(g) Cost of Transfers.--A transfer of firearms, ammunition, or parts
to the corporation under this section shall be made without cost to the
corporation, except that the corporation shall assume the cost of
preparation and transportation of firearms and ammunition transferred
under this section.
Sec. 40729. Reservation of firearms, ammunition, and parts
(a) Reservation.--The Secretary of the Army shall reserve for the
corporation--
(1) firearms described in section 40728(a) of this title;
[[Page 112 STAT. 1340]]
(2) ammunition for firearms described in 40728(a) of this
title;
(3) M-16 rifles held by the Department of the Army on
February 10, 1996, and used to support the small-arms firing
school; and
(4) parts from, and other supplies for, surplus caliber .30
and caliber .22 rimfire rifles.
(b) Exception.--This section does not supersede the authority
provided in section 1208 of the National Defense Authorization Act for
Fiscal Years 1990 and 1991 (Public Law 101-189; 10 U.S.C. 372 note).
Sec. 40730. Surplus property
The corporation may obtain surplus property from the Defense
Reutilization Marketing Service to carry out the Civilian Marksmanship
Program. A transfer of property to the corporation under this section
shall be made without cost to the corporation.
Sec. 40731. Issuance or loan of firearms and supplies
(a) Issuance or Loan.--For purposes of training and competition, the
corporation may issue or loan, with or without charges to recover
administrative costs, caliber .22 rimfire and caliber .30 surplus
rifles, air rifles, caliber .22 and .30 ammunition, repair parts, and
other supplies necessary for activities related to the Civilian
Marksmanship Program to--
(1) organizations affiliated with the corporation that
provide firearms training to youth;
(2) the Boy Scouts of America;
(3) 4-H Clubs;
(4) the Future Farmers of America; and
(5) other youth oriented organizations.
(b) Security of Firearms.--The corporation shall ensure adequate
oversight and accountability for firearms issued or loaned under this
section. The corporation shall prescribe procedures for the security of
issued or loaned firearms in accordance with United States, State, and
local laws.
Sec. 40732. Sale of firearms and supplies
(a) Affiliated Organizations.--The corporation may sell, at fair
market value, caliber .22 rimfire and caliber .30 surplus rifles, air
rifles, caliber .22 and .30 ammunition, repair parts, and other supplies
to organizations affiliated with the corporation that provide training
in the use of firearms.
(b) Gun Club Members.--(1) The corporation may sell, at fair market
value, caliber .22 rimfire and caliber .30 surplus rifles, ammunition,
repair parts and other supplies necessary for target practice to a
citizen of the United States who is over 18 years of age and who is a
member of a gun club affiliated with the corporation.
(2) Except as provided in section 40733 of this title, sales under
this subsection are subject to applicable United States, State, and
local law. In addition to any other requirement, the corporation shall
establish procedures to obtain a criminal records check of the
individual with United States Government and State law enforcement
agencies.
[[Page 112 STAT. 1341]]
(c) Limitation on Sales.--(1) The corporation may not sell a repair
part designed to convert a firearm to fire in a fully automatic mode.
(2) The corporation may not sell any item to an individual who has
been convicted of--
(A) a felony; or
(B) a violation of section 922 of title 18.
Sec. 40733. Applicability of other law
Section 922(a)(1)-(3) and (5) of title 18 does not apply to the
shipment, transportation, receipt, transfer, sale, issuance, loan, or
delivery by the corporation, of an item that the corporation is
authorized to issue, loan, sell, or receive under this chapter.
CHAPTER 501--DAUGHTERS OF UNION VETERANS OF THE CIVIL WAR 1861-1865
Sec.
50101. Definition.
50102. Organization.
50103. Purposes.
50104. Membership.
50105. Governing body.
50106. Powers.
50107. Restrictions.
50108. Duty to maintain tax-exempt status.
50109. Records and inspection.
50110. Service of process.
50111. Liability for acts of officers and agents.
50112. Annual report.
Sec. 50101. Definition
For purposes of this chapter, ``State'' includes the District of
Columbia and the territories and possessions of the United States.
Sec. 50102. Organization
(a) Federal Charter.--Daughters of Union Veterans of the Civil War
1861-1865 (in this chapter, the ``corporation''), a nonprofit
corporation incorporated in Ohio, is a federally chartered corporation.
(b) Expiration of Charter.--If the corporation does not comply with
any provision of this chapter, the charter granted by this chapter
expires.
Sec. 50103. Purposes
(a) Provided in Articles of Incorporation.--The purposes of the
corporation are as provided in the articles of incorporation.
(b) Perpetuating Memories.--To perpetuate the memories of the
fathers of the Daughters of Union Veterans of the Civil War 1861-1865,
their loyalty to the Union, and their unselfish sacrifices for the
preservation of the Union, the purposes of the corporation also
include--
(1) encouraging the preservation of historic sites and the
construction and preservation of monuments commemorating any
aspect of the Civil War;
(2) building and maintaining a Museum of Civil War History,
admission to which shall be free and open to the public, in the
city of Springfield, Illinois, as a repository of Civil War
documents, artifacts, and cultural relics;
(3) maintaining a library in connection with the Civil War
museum, admission to which shall be open to the public,
[[Page 112 STAT. 1342]]
containing the official volumes of the War of the Rebellion
Records, Civil War genealogical files, Adjutant General reports
of the various States, military and biographical records and
accounts of the individual service of Union soldiers, sailors,
and marines, diaries, letters, relics, and other records;
(4) promulgating and teaching American history, particularly
the history of the Civil War period, through the establishment
of scholarship programs at the national and State levels, the
presentation of American flags to youth groups and newly
naturalized citizens, and the sponsorship of contests of
educational merit;
(5) caring for veterans of all wars through volunteer
programs in Department of Veterans Affairs medical centers and
in homes and other institutions maintained by the States for the
welfare of American veterans; and
(6) participating, in a spirit of cooperation and
reciprocity, in programs with other societies devoted to
American history, veterans' affairs, or community interests.
(c) Veterans' and Patriotic Organization.--The corporation shall
function as a veterans' and patriotic organization as authorized by the
laws of each State in which it is incorporated.
Sec. 50104. Membership
Eligibility for membership in the corporation and the rights and
privileges of members are as provided in the constitution and bylaws of
the corporation.
Sec. 50105. Governing body
(a) Board of Directors.--The board of directors and the
responsibilities of the board are as provided in the articles of
incorporation.
(b) Officers.--The officers and the election of officers are as
provided in the articles of incorporation.
Sec. 50106. Powers
The corporation has only the powers provided in its bylaws and
articles of incorporation filed in each State in which it is
incorporated.
Sec. 50107. Restrictions
(a) Stock and Dividends.--The corporation may not issue stock or
declare or pay a dividend.
(b) Political Activities.--The corporation or a director or officer
as such may not contribute to, support, or participate in any political
activity or in any manner attempt to influence legislation.
(c) Distribution of Income or Assets.--The income or assets of the
corporation may not inure to the benefit of, or be distributed to, a
director, officer, or member during the life of the charter granted by
this chapter. This subsection does not prevent the payment of reasonable
compensation to an officer or reimbursement for actual necessary
expenses in amounts approved by the board of directors.
(d) Loans.--The corporation may not make a loan to a director,
officer, or employee.
[[Page 112 STAT. 1343]]
(e) Claim of Governmental Approval or Authorization.--The
corporation may not claim congressional approval or the authority of the
United States Government for any of its activities.
Sec. 50108. Duty to maintain tax-exempt status
The corporation shall maintain its status as an organization exempt
from taxation under the Internal Revenue Code of 1986 (26 U.S.C. 1 et
seq.). If the corporation does not maintain that status, the charter
granted by this chapter expires.
Sec. 50109. Records and inspection
(a) Records.--The corporation shall keep--
(1) correct and complete records of account;
(2) minutes of the proceedings of its members, board of
directors, and committees having any of the authority of its
board of directors; and
(3) at its principal office, a record of the names and
addresses of its members entitled to vote.
(b) Inspection.--A member entitled to vote, or an agent or attorney
of the member, may inspect the records of the corporation for any proper
purpose, at any reasonable time.
Sec. 50110. Service of process
The corporation shall comply with the law on service of process of
each State in which it is incorporated and each State in which it
carries on activities.
Sec. 50111. Liability for acts of officers and agents
The corporation is liable for the acts of its officers and agents
acting within the scope of their authority.
Sec. 50112. Annual report
The corporation shall submit an annual report to Congress on the
activities of the corporation during the prior fiscal year. The report
shall be submitted at the same time as the report of the audit required
by section 10101 of this title. The report may not be printed as a
public document.
CHAPTER 503--DISABLED AMERICAN VETERANS
Sec.
50301. Organization.
50302. Purposes.
50303. Membership.
50304. Powers.
50305. Exclusive right to name.
50306. Restrictions.
50307. Service of process.
50308. Annual report.
Sec. 50301. Organization
(a) Federal Charter.--Disabled American Veterans (in this chapter,
the ``corporation'') is a federally chartered corporation.
(b) Perpetual Existence.--Except as otherwise provided, the
corporation has perpetual existence.
Sec. 50302. Purposes
The purposes of the corporation are--
(1) to uphold and maintain the Constitution and laws of the
United States;
[[Page 112 STAT. 1344]]
(2) to realize the true American ideals and aims for which
those eligible to membership fought;
(3) to advance the interests, and work for the betterment,
of all wounded, injured, and disabled American veterans;
(4) to cooperate with the Department of Veterans Affairs and
all other public and private agencies devoted to the cause of
improving and advancing the condition, health, and interests of
all wounded, injured, and disabled veterans;
(5) to stimulate a feeling of mutual devotion, helpfulness,
and comradeship among all wounded, injured, and disabled
veterans;
(6) to serve our comrades, our communities, and our country;
and
(7) to encourage in all people that spirit of understanding
which will guard against future wars.
Sec. 50303. Membership
(a) Eligibility.--An individual is eligible for membership in the
corporation if the individual--
(1)(A) was wounded, gassed, injured, or disabled in the line
of duty during time of war while in the service of the military
or naval forces of the United States; and
(B) was honorably discharged or separated from that service
or is still in active service in the Armed Forces of the United
States; or
(2)(A) was disabled while serving with any of the Armed
Forces of a country associated with the United States as an ally
during any of its war periods;
(B) is a citizen of the United States; and
(C) was honorably discharged.
(b) No Honorary Memberships.--An honorary membership may not be
granted.
Sec. 50304. Powers
The corporation may--
(1) adopt a constitution, bylaws, and regulations to carry
out the purposes of the corporation;
(2) adopt and alter a corporate seal;
(3) adopt emblems and badges;
(4) establish and maintain offices to conduct its
activities;
(5) establish State and territorial organizations and local
chapter or post organizations;
(6) acquire, own, lease, encumber, and transfer property as
necessary to carry out the purposes of the corporation;
(7) publish a newspaper and other publications devoted to
the purposes of the corporation;
(8) sue and be sued; and
(9) do any other act necessary or proper to carry out the
purposes of the corporation.
Sec. 50305. Exclusive right to name
The corporation and its State and local subdivisions have the
exclusive right to use the name ``Disabled American Veterans''.
[[Page 112 STAT. 1345]]
Sec. 50306. Restrictions
The corporation shall be nonpolitical and nonsectarian, and may not
promote the candidacy of an individual seeking public office.
Sec. 50307. Service of process
As a condition to the exercise of any power or privilege granted by
this chapter, the corporation shall file, with the secretary of state or
other designated official of each State in which a chapter is organized,
the name and address of an agent in that State on whom legal process or
demands against the corporation may be served.
Sec. 50308. Annual report
Not later than January 1 of each year, the corporation shall submit
a report to Congress on the activities of the corporation during the
prior fiscal year.
CHAPTER 601--82ND AIRBORNE DIVISION ASSOCIATION, INCORPORATED
Sec.
60101. Definition.
60102. Organization.
60103. Purposes.
60104. Membership.
60105. Governing body.
60106. Powers.
60107. Restrictions.
60108. Duty to maintain tax-exempt status.
60109. Records and inspection.
60110. Service of process.
60111. Liability for acts of officers and agents.
60112. Annual report.
Sec. 60101. Definition
For purposes of this chapter, ``State'' includes the District of
Columbia and the territories and possessions of the United States.
Sec. 60102. Organization
(a) Federal Charter.--82nd Airborne Division Association,
Incorporated (in this chapter, the ``corporation''), a nonprofit
corporation incorporated in Illinois, is a federally chartered
corporation.
(b) Expiration of Charter.--If the corporation does not comply with
any provision of this chapter, the charter granted by this chapter
expires.
Sec. 60103. Purposes
The purposes of the corporation are as provided in the articles of
incorporation and include--
(1) perpetuating the memory of members of the 82nd Airborne
Division who fought and died for this country;
(2) furthering the common bond between retired and active
members of the 82nd Airborne Division;
(3) providing educational assistance in the form of college
scholarships and grants to the qualified children of current and
former members of the 82nd Airborne Division;
(4) promoting civic and patriotic activities; and
(5) promoting the indispensable role of airborne defense to
the national security of the United States.
[[Page 112 STAT. 1346]]
Sec. 60104. Membership
(a) Eligibility.--Except as provided in this chapter, eligibility
for membership in the corporation and the rights and privileges of
members are as provided in the constitution and bylaws of the
corporation.
(b) Nondiscrimination.--The terms of membership may not discriminate
on the basis of race, color, religion, sex, disability, or national
origin.
Sec. 60105. Governing body
(a) Board of Directors.--The board of directors and the
responsibilities of the board are as provided in the articles of
incorporation.
(b) Officers.--The officers and the election of officers are as
provided in the articles of incorporation.
(c) Nondiscrimination.--The requirements for holding office in the
corporation may not discriminate on the basis of race, color, religion,
sex, disability, or national origin.
Sec. 60106. Powers
The corporation has only the powers provided in its bylaws and
articles of incorporation filed in each State in which it is
incorporated.
Sec. 60107. Restrictions
(a) Stock and Dividends.--The corporation may not issue stock or
declare or pay a dividend.
(b) Political Activities.--The corporation or a director or officer
as such may not contribute to, support, or participate in any political
activity or in any manner attempt to influence legislation.
(c) Distribution of Income or Assets.--The income or assets of the
corporation may not inure to the benefit of, or be distributed to, a
director, officer, or member during the life of the charter granted by
this chapter. This subsection does not prevent the payment of reasonable
compensation to an officer or reimbursement for actual and necessary
expenses in amounts approved by the board of directors.
(d) Loans.--The corporation may not make a loan to a director,
officer, or employee.
(e) Claim of Governmental Approval or Authorization.--The
corporation may not claim congressional approval or the authority of the
United States Government for any of its activities.
Sec. 60108. Duty to maintain tax-exempt status
The corporation shall maintain its status as an organization exempt
from taxation under the Internal Revenue Code of 1986 (26 U.S.C. 1 et
seq.).
Sec. 60109. Records and inspection
(a) Records.--The corporation shall keep--
(1) correct and complete records of account;
(2) minutes of the proceedings of its members, board of
directors, and committees having any of the authority of its
board of directors; and
(3) at its principal office, a record of the names and
addresses of its members entitled to vote.
[[Page 112 STAT. 1347]]
(b) Inspection.--A member entitled to vote, or an agent or attorney
of the member, may inspect the records of the corporation for any proper
purpose, at any reasonable time.
Sec. 60110. Service of process
The corporation shall comply with the law on service of process of
each State in which it is incorporated and each State in which it
carries on activities.
Sec. 60111. Liability for acts of officers and agents
The corporation is liable for the acts of its officers and agents
acting within the scope of their authority.
Sec. 60112. Annual report
The corporation shall submit an annual report to Congress on the
activities of the corporation during the prior fiscal year. The report
shall be submitted at the same time as the report of the audit required
by section 10101 of this title. The report may not be printed as a
public document.
CHAPTER 701--FLEET RESERVE ASSOCIATION
Sec.
70101. Definition.
70102. Organization.
70103. Purposes.
70104. Membership.
70105. Governing body.
70106. Powers.
70107. Restrictions.
70108. Duty to maintain corporate and tax-exempt status.
70109. Records and inspection.
70110. Service of process.
70111. Liability for acts of officers and agents.
70112. Annual report.
Sec. 70101. Definition
For purposes of this chapter, ``State'' includes the District of
Columbia and the territories and possessions of the United States.
Sec. 70102. Organization
(a) Federal Charter.--Fleet Reserve Association (in this chapter,
the ``corporation''), a nonprofit corporation incorporated in Delaware,
is a federally chartered corporation.
(b) Expiration of Charter.--If the corporation does not comply with
any provision of this chapter, the charter granted by this chapter
expires.
Sec. 70103. Purposes
(a) General.--The purposes of the corporation are as provided in its
articles of incorporation and bylaws and include--
(1) upholding and defending the Constitution of the United
States;
(2) aiding and maintaining an adequate naval defense for the
United States;
(3) assisting the recruitment of the best personnel
available for the United States Navy, United States Marine
Corps, and United States Coast Guard;
(4) providing for the welfare of the personnel who serve in
the United States Navy, United States Marine Corps, and United
States Coast Guard;
[[Page 112 STAT. 1348]]
(5) continuing to loyally serve the United States Navy,
United States Marine Corps, and United States Coast Guard;
(6) preserving the spirit of shipmanship by providing
assistance to shipmates and their families; and
(7) instilling love of the United States and its flag, and
promoting soundness of mind and body, in the youth of the United
States.
(b) Corporate Function.--The corporation shall function as an
educational, patriotic, civic, historical, and research organization
under the laws of the State of Delaware.
Sec. 70104. Membership
(a) Eligibility.--Except as provided in this chapter, eligibility
for membership in the corporation and the rights and privileges of
members are as provided in the articles of incorporation and bylaws.
(b) Nondiscrimination.--The terms of membership may not discriminate
on the basis of race, color, religion, sex, disability, age, or national
origin.
Sec. 70105. Governing body
(a) Board of Directors.--The board of directors and the
responsibilities of the board are as provided in the bylaws and articles
of incorporation.
(b) Officers.--The officers and the election of officers are as
provided in the bylaws and articles of incorporation.
(c) Nondiscrimination.--The requirements for serving as a director
or officer may not discriminate on the basis of race, color, religion,
sex, disability, age, or national origin.
Sec. 70106. Powers
The corporation has only the powers provided in its bylaws and
articles of incorporation filed in each State in which it is
incorporated.
Sec. 70107. Restrictions
(a) Stock and Dividends.--The corporation may not issue stock or
declare or pay a dividend.
(b) Distribution of Income or Assets.--The income or assets of the
corporation may not inure to the benefit of, or be distributed to, a
director, officer, or member during the life of the charter granted by
this chapter. This subsection does not prevent the payment of reasonable
compensation to an officer or employee or reimbursement for actual
necessary expenses in amounts approved by the board of directors.
(c) Loans.--The corporation may not make a loan to a director,
officer, employee, or member.
(d) Claim of Governmental Approval or Authority.--The corporation
may not claim congressional approval or the authority of the United
States Government for any of its activities.
Sec. 70108. Duty to maintain corporate and tax-exempt status
(a) Corporate Status.--The corporation shall maintain its status as
a corporation incorporated under the laws of Delaware.
(b) Tax-Exempt Status.--The corporation shall maintain its status as
an organization exempt from taxation under the Internal Revenue Code of
1986 (26 U.S.C. 1 et seq.).
[[Page 112 STAT. 1349]]
Sec. 70109. Records and inspection
(a) Records.--The corporation shall keep--
(1) correct and complete records of account;
(2) minutes of the proceedings of its members, board of
directors, and committees having any of the authority of its
board of directors; and
(3) at its principal office, a record of the names and
addresses of its members entitled to vote.
(b) Inspection.--A member entitled to vote, or an agent or attorney
of the member, may inspect the records of the corporation for any proper
purpose, at any reasonable time.
Sec. 70110. Service of process
The corporation shall comply with the law on service of process of
each State in which it is incorporated and each State in which it
carries on activities.
Sec. 70111. Liability for acts of officers and agents
The corporation is liable for the acts of its officers and agents
acting within the scope of their authority.
Sec. 70112. Annual report
The corporation shall submit an annual report to Congress on the
activities of the corporation during the prior fiscal year. The report
shall be submitted at the same time as the report of the audit required
by section 10101 of this title. The report may not be printed as a
public document.
CHAPTER 703--FORMER MEMBERS OF CONGRESS
Sec.
70301. Definition.
70302. Organization.
70303. Purposes.
70304. Membership.
70305. Governing body.
70306. Powers.
70307. Restrictions.
70308. Duty to maintain tax-exempt status.
70309. Records and inspection.
70310. Service of process.
70311. Liability for acts of officers and agents.
70312. Annual report.
Sec. 70301. Definition
For purposes of this chapter, ``State'' includes the District of
Columbia and the territories and possessions of the United States.
Sec. 70302. Organization
(a) Federal Charter.--Former Members of Congress (in this chapter,
the ``corporation''), a nonprofit corporation incorporated in the
District of Columbia, is a federally chartered corporation.
(b) Expiration of Charter.--If the corporation does not comply with
any provision of this chapter, the charter granted by this chapter
expires.
Sec. 70303. Purposes
The purposes of the corporation are as provided in the articles of
incorporation and include the promotion of the cause of good government
at the national level by improving the public understanding of Congress
as an institution and strengthening its support
[[Page 112 STAT. 1350]]
by the public. The corporation shall function as an educational,
patriotic, civic, historical, and research organization as authorized by
the laws of each State in which it is incorporated.
Sec. 70304. Membership
Eligibility for membership in the corporation and the rights and
privileges of members are as provided in the bylaws.
Sec. 70305. Governing body
(a) Board of Directors.--The board of directors and the
responsibilities of the board are as provided in the articles of
incorporation.
(b) Officers.--The officers and the election of officers are as
provided in the articles of incorporation.
Sec. 70306. Powers
The corporation has only the powers provided in its bylaws and
articles of incorporation filed in each State in which it is
incorporated.
Sec. 70307. Restrictions
(a) Stock and Dividends.--The corporation may not issue stock or
declare or pay a dividend.
(b) Political Activities.--The corporation or a director or officer
as such may not contribute to, support, or participate in any political
activity or in any manner attempt to influence legislation.
(c) Distribution of Income or Assets.--The income or assets of the
corporation may not inure to the benefit of, or be distributed to, a
director, officer, or member during the life of the charter granted by
this chapter. This subsection does not prevent the payment of reasonable
compensation to an officer or reimbursement for actual necessary
expenses in amounts approved by the board of directors.
(d) Loans.--The corporation may not make a loan to a director,
officer, or employee.
(e) Claim of Governmental Approval or Authorization.--The
corporation may not claim congressional approval or the authority of the
United States Government for any of its activities.
Sec. 70308. Duty to maintain tax-exempt status
The corporation shall maintain its status as an organization exempt
from taxation under the Internal Revenue Code of 1986 (26 U.S.C. 1 et
seq.).
Sec. 70309. Records and inspection
(a) Records.--The corporation shall keep--
(1) correct and complete records of account;
(2) minutes of the proceedings of its members, board of
directors, and committees having any of the authority of its
board of directors; and
(3) at its principal office, a record of the names and
addresses of its members entitled to vote.
(b) Inspection.--A member entitled to vote, or an agent or attorney
of the member, may inspect the records of the corporation for any proper
purpose, at any reasonable time.
[[Page 112 STAT. 1351]]
Sec. 70310. Service of process
The corporation shall comply with the law on service of process of
each State in which it is incorporated and each State in which it
carries on activities.
Sec. 70311. Liability for acts of officers and agents
The corporation is liable for the acts of its officers and agents
acting within the scope of their authority.
Sec. 70312. Annual report
The corporation shall submit an annual report to Congress on the
activities of the corporation during the prior fiscal year. The report
shall be submitted at the same time as the report of the audit required
by section 10101 of this title. The report may not be printed as a
public document.
CHAPTER 705--THE FOUNDATION OF THE FEDERAL BAR ASSOCIATION
Sec.
70501. Organization.
70502. Purposes.
70503. Membership.
70504. Governing body.
70505. Powers.
70506. Exclusive right to name.
70507. Restrictions.
70508. Principal office.
70509. Records and inspection.
70510. Service of process.
70511. Liability for acts of officers and agents.
70512. Deposit of assets on dissolution or final liquidation.
Sec. 70501. Organization
(a) Federal Charter.--The Foundation of the Federal Bar Association
(in this chapter, the ``corporation'') is a federally chartered
corporation.
(b) Place of Incorporation and Domicile.--The corporation is
declared to be incorporated and domiciled in the District of Columbia.
(c) Perpetual Existence.--Except as otherwise provided, the
corporation has perpetual existence.
Sec. 70502. Purposes
The purposes of the corporation are--
(1) to receive and hold property, including by gift, devise,
or grant, and to invest, administer, and dispose of the property
without restrictions applicable to trustees or trust funds;
(2) to apply its income and any part of its principal
exclusively to educational, charitable, scientific, or literary
purposes--
(A) to advance the science of jurisprudence;
(B) to uphold high standards for the Federal
judiciary and attorneys representing the United States
Government;
(C) to promote and improve the administration of
justice, including the study of means for the improved
handling of the legal business of the departments,
agencies, and instrumentalities of the Government;
(D) to facilitate the cultivation and diffusion of
knowledge and understanding of the law and the promotion
[[Page 112 STAT. 1352]]
of the study of the law and the science of jurisprudence
and research in jurisprudence, through the maintenance
of a law library, the establishment of seminars,
lectures, and studies devoted to the law, and the
publication of addresses, essays, treatises, reports,
and other literary works by students, practitioners, and
teachers of the law; and
(E) to provide for the acquisition, preservation,
and exhibition of rare books and documents, sculptures,
paintings, and other objects of art and historical
interest relating to the law, the courts, and the legal
profession; and
(3) to do any other acts necessary or incident to the
accomplishment of these purposes.
Sec. 70503. Membership
(a) Members.--The members of the corporation are--
(1) the members of the National Council of the Federal Bar
Association, a nonprofit corporation incorporated in the
District of Columbia, during their term of membership on that
Council; and
(2) other individuals the corporation provides for in the
bylaws or otherwise.
(b) Voting.--Each member has one vote on each matter
submitted to a vote of the members.
(c) Grounds for Disqualification.--An individual may not be a
member, director, or officer of the corporation if the
individual--
(1) is a member of, or advocates the principles of, an
organization believing in, or working for, the overthrow of the
United States Government by force or violence; or
(2) refuses to uphold and defend the Constitution of the
United States.
Sec. 70504. Governing body
(a) Board of Directors.--(1) The board of directors is the governing
body of the corporation. The board may exercise, or provide for the
exercise of, the powers of the corporation.
(2) The board shall consist of 12 individuals elected, and subject
to removal at any time, by a majority vote of the members of the
corporation. The term of office of an elected director is 6 years. A
vacancy on the board shall be filled by a majority vote of the members
of the corporation.
(3) The board shall meet at least annually. Each director has one
vote on each matter decided by the board. The board may delegate its
powers to a prudential committee subject to the direction of, and
reporting to, the board.
(4) The president of the corporation is the chairman of the board
and of the prudential committee.
(b) Officers.--(1) The officers of the corporation are a president,
a vice president, a secretary, a treasurer, a historian, and other
officers provided for in the bylaws. The powers of the officers are as
provided in the bylaws.
(2) The officers shall be elected by the board of directors at its
annual meeting. The term of office of an officer is 1 year.
Sec. 70505. Powers
The corporation may--
[[Page 112 STAT. 1353]]
(1) adopt and amend bylaws for the management of its
property and the regulation of its affairs;
(2) adopt and alter a corporate seal;
(3) choose officers, managers, and agents as the activities
of the corporation require;
(4) make contracts;
(5) acquire, own, lease, encumber, and transfer property as
necessary to carry out the purposes of the corporation;
(6) borrow money, issue instruments of indebtedness, and
secure its obligations by granting security interests in its
property;
(7) sue and be sued; and
(8) do any other act necessary and proper to carry out the
purposes of the corporation.
Sec. 70506. Exclusive right to name
The corporation has the exclusive right to use the name ``The
Foundation of the Federal Bar Association''.
Sec. 70507. Restrictions
(a) Stock and Dividends.--The corporation may not issue stock or
declare or pay a dividend.
(b) Political Activities.--(1) The activities, funds, income, and
property of the corporation may not be used to carry on political
activity or attempt to influence legislation.
(2) The corporation or a director or officer as such may not
contribute to, support, or assist a political party or candidate for
elective public office.
(c) Distribution of Income.--The income of the corporation may not
inure to the benefit of a director, officer, member, or private
individual.
(d) Loans.--The corporation may not make a loan or advance to a
director or officer. Directors and officers who vote for, assent to, or
participate in making a loan or advance to a director or officer are
jointly and severally liable to the corporation for the amount of the
loan or advance until it is repaid.
(e) Immunity From Liability.--Members and private individuals are
not liable for the obligations of the corporation.
Sec. 70508. Principal office
The corporation shall have its principal office in the District of
Columbia, but may conduct its activities anywhere.
Sec. 70509. Records and inspection
(a) Records.--The corporation shall keep--
(1) correct and complete records of account;
(2) minutes of the proceedings of its members, board of
directors, and committees having any of the authority of its
board of directors; and
(3) at its principal office, a record of the names and
addresses of its members entitled to vote.
(b) Inspection.--A member entitled to vote, or an agent or attorney
of the member, may inspect the records of the corporation for any proper
purpose, at any reasonable time.
[[Page 112 STAT. 1354]]
Sec. 70510. Service of process
The corporation shall have a designated agent in the District of
Columbia to receive service of process for the corporation. Notice to or
service on the agent, or mailed to the business address of the agent, is
notice to or service on the corporation.
Sec. 70511. Liability for acts of officers and agents
The corporation is liable for the acts of its officers and agents
acting within the scope of their authority.
Sec. 70512. Deposit of assets on dissolution or final liquidation
On dissolution or final liquidation of the corporation, any assets
remaining after the discharge of all liabilities shall be deposited in
the Treasury of the United States as a miscellaneous receipt.
CHAPTER 707--FREDERICK DOUGLASS MEMORIAL AND HISTORICAL ASSOCIATION
Sec.
70701. Organization.
70702. Purposes.
70703. Governing body.
70704. Powers.
70705. Management of homestead and erection of monument.
70706. Property exempt from taxation.
70707. Misnomer not to affect transfer of property.
70708. Nonapplication of audit requirements.
Sec. 70701. Organization
(a) Federal Charter.--Frederick Douglass Memorial and Historical
Association (in this chapter, the ``corporation'') is a body corporate
and politic in the District of Columbia.
(b) Perpetual Existence.--Except as otherwise provided, the
corporation has perpetual existence.
Sec. 70702. Purposes
The purposes of the corporation are--
(1) to preserve to posterity the memory of the life and
character of the late Frederick Douglass; and
(2) to collect, collate, and preserve a historical record of
the inception, progress, and culmination of the antislavery
movement in the United States, and to assemble in the homestead
of the late Frederick Douglass, commonly called Cedar Hill, in
the village of Anacostia, District of Columbia, all suitable
exhibits of records or things illustrative or commemorative of
the antislavery movement and history that are donated to, or
acquired by, the corporation.
Sec. 70703. Governing body
(a) Board of Trustees.--(1) The board of trustees is the governing
body of the corporation. The board shall exercise the powers granted to
the corporation.
(2) The board shall consist of at least 9 but not more than 19
members. A vacancy on the board shall be filled by decision of the
remaining members of the board.
(3) The board shall adopt a seal under which all acts of the
corporation shall be passed and authenticated.
[[Page 112 STAT. 1355]]
(b) Officers.--(1) The board shall elect officers the board
considers necessary, including a treasurer, for the term and at the
compensation the board decides, as provided in the bylaws.
(2) The treasurer shall give a bond as provided in the bylaws.
(3) The board may remove an officer, employee, or agent of the
corporation for a cause provided in the bylaws.
Sec. 70704. Powers
The corporation may--
(1) adopt and amend bylaws for the regulation of its
affairs;
(2) adopt and alter a corporate seal;
(3) employ persons the corporation considers necessary;
(4) acquire, own, lease, encumber, and transfer property;
(5) sue and be sued; and
(6) do any other act to carry out the purposes of the
corporation.
Sec. 70705. Management of homestead and erection of monument
After the corporation has acquired any part of the property occupied
by the late Frederick Douglass as his homestead, commonly called Cedar
Hill, in the village of Anacostia, District of Columbia, the corporation
may--
(1) manage, repair, and improve the property to carry out
the purposes of the corporation; and
(2) erect on the property a monument to the memory of the
late Frederick Douglass.
Sec. 70706. Property exempt from taxation
Any property formerly occupied by the late Frederick Douglass as his
homestead, commonly called Cedar Hill, in the village of Anacostia,
District of Columbia, and owned by the corporation, is exempt from
taxation as long as the property is used for the purposes of the
corporation.
Sec. 70707. Misnomer not to affect transfer of property
A misnomer of the corporation does not affect any transfer of
property to or from the corporation.
Sec. 70708. Nonapplication of audit requirements
The audit requirements of section 10101 of this title do not apply
to the corporation.
CHAPTER 709--FUTURE FARMERS OF AMERICA
Sec.
70901. Organization.
70902. Purposes.
70903. Membership.
70904. Governing body.
70905. National officers.
70906. Powers.
70907. Exclusive right to name, seals, emblems, and badges.
70908. Restrictions.
70909. Availability of personnel, services, and facilities of
Department of Education.
70910. Headquarters and principal office.
70911. Records and inspection.
70912. Service of process.
70913. Liability for acts of officers and agents.
70914. Distribution of assets on dissolution or final liquidation.
[[Page 112 STAT. 1356]]
Sec. 70901. Organization
(a) Federal Charter.--Future Farmers of America (in this chapter,
the ``corporation'') is a federally chartered corporation.
(b) Perpetual Existence.--Except as otherwise provided, the
corporation has perpetual existence.
Sec. 70902. Purposes
The purposes of the corporation are--
(1) to create, foster, and assist subsidiary chapters
composed of students and former students of vocational
agriculture in public schools qualifying for Federal
reimbursement under the Smith-Hughes Vocational Education Act
(20 U.S.C. 11-15, 16-28) and associations of those chapters in
the States, territories, and possessions of the United States;
(2) to develop character, train for useful citizenship, and
foster patriotism, and thereby develop competent and aggressive
rural and agricultural leadership;
(3) to create and nurture a love of country life by
encouraging members to improve the farm home and its
surroundings, to develop organized rural recreational
activities, and to create more interest in the intelligent
choice of farming occupations;
(4) to encourage the practice of thrift;
(5) to procure for and distribute to State associations,
local chapters, and members all official supplies and equipment
of the corporation;
(6) to publish an official magazine and other publications
for the members of the corporation;
(7) to strengthen the confidence of young men and women in
themselves and their work, to encourage members in the
development of individual farming programs, and to promote their
permanent establishment in farming by--
(A) encouraging improvement in scholarship;
(B) providing prizes and awards to deserving
students who have achieved distinction in vocational
agriculture, including farm mechanics activities on a
local, State, or national basis; and
(C) assisting financially, through loans or grants,
deserving students in all-day vocational agriculture
classes and young farmers under 30 years of age who were
former students in all-day vocational agriculture
classes in becoming satisfactorily established in a
farming occupation;
(8) to cooperate with others, including State boards for
vocational education, in accomplishing these purposes; and
(9) to engage in other activities, consistent with these
purposes, determined by the governing body to be for the best
interests of the corporation.
Sec. 70903. Membership
(a) Eligibility.--Except as provided in this chapter, eligibility
for membership in the corporation and the rights and privileges of
members are as provided in the bylaws.
(b) Voting.--In matters of official business of a local chapter,
each member has one vote. In matters of official business of a State
association, each qualified delegate of a local chapter has one vote.
[[Page 112 STAT. 1357]]
Sec. 70904. Governing body
(a) Board of Directors.--(1) The board of directors is the governing
body of the corporation. The board shall exercise the powers granted to
the corporation.
(2) The board consists of the Secretary of Education, four staff
members in the Department of Education, and four State supervisors of
agriculture education. The Secretary is chairman of the board.
(3) The term of office of the directors and the method of selecting
the directors (except ex officio directors) are as provided in the
bylaws.
(4) The board shall meet at least annually at the time and place
provided in the bylaws. The annual report of the board shall be
presented at that meeting. Special meetings of the board may be called
at any time by the chairman.
(b) Governing Committee.--The board may designate the chairman of
the board and two members of the chairman's staff as a governing
committee. When the board is not in session, the governing committee has
the powers of the board subject to the board's direction and may
authorize the seal of the corporation to be affixed to all papers that
require it.
Sec. 70905. National officers
(a) Composition.--The national officers of the corporation are a
student president, four student vice presidents (one from each of four
regions of the United States established in the bylaws for purposes of
administration of the corporation), a student secretary, an executive
secretary, a treasurer, and a national advisor.
(b) Board of Student Officers.--The national student officers of the
corporation comprise a board of student officers. The board of student
officers shall advise and make recommendations to the board of directors
about the activities and business of the corporation.
(c) Election.--The national officers of the corporation shall be
elected annually by a majority vote of the delegates assembled in the
annual national convention from among qualified members of the
corporation, except that--
(1) the national advisor shall be the Secretary of
Education;
(2) the executive secretary shall be a member of the
Department of Education; and
(3) the treasurer shall be an employee or member of a State
agency that directs or supervises a State program of
agricultural education under the provisions of the Smith-Hughes
Vocational Education Act (20 U.S.C. 11-15, 16-28).
(d) Vote at National Convention.--Each qualified delegate has one
vote at the annual national convention.
Sec. 70906. Powers
The corporation may--
(1) adopt and amend bylaws and regulations for the
management of its property and the regulation of its affairs,
including the establishment and maintenance of local chapters
and State associations of chapters;
(2) adopt and alter a corporate seal;
(3) adopt emblems and badges;
(4) choose officers, managers, agents, and employees as the
activities of the corporation require;
[[Page 112 STAT. 1358]]
(5) make contracts;
(6) acquire, own, lease, encumber, and transfer property as
necessary or convenient to carry out the purposes of the
corporation;
(7) borrow money, issue instruments of indebtedness, and
secure its obligations by granting security interests in its
property;
(8) use corporate funds to give prizes, awards, loans, and
grants to deserving students and young farmers to carry out the
purposes of the corporation;
(9) publish a magazine and other publications;
(10) procure for and distribute to State associations, local
chapters, and members all official Future Farmers of America
supplies and equipment;
(11) sue and be sued; and
(12) do any other act necessary and proper to carry out the
purposes of the corporation.
Sec. 70907. Exclusive right to name, seals, emblems, and badges
The corporation and its authorized chapters and associations of
chapters have the exclusive right to use the name ``Future Farmers of
America'' and the initials FFA as representing an agricultural
membership organization and seals, emblems, and badges the corporation
adopts.
Sec. 70908. Restrictions
(a) Stock and Dividends.--The corporation may not issue stock or
declare or pay a dividend.
(b) Political Activities.--The corporation or a director, officer,
or member as such may not contribute to, support, or assist a political
party or candidate for elective public office.
(c) Distribution of Income or Assets.--The income or assets of the
corporation may not inure to the benefit of, or be distributed to, a
director, officer, or member, except on dissolution or final liquidation
of the corporation.
(d) Loans.--The corporation may not make a loan to a director,
officer, or employee. Directors who vote for or assent to making a loan
to a director, officer, or employee, and officers who participate in
making the loan, are jointly and severally liable to the corporation for
the amount of the loan until it is repaid.
(e) Prizes, Awards, Grants, or Loans to Student Officers and Members
Meeting Criteria.--This section does not preclude prizes, awards,
grants, or loans to student officers and members meeting the criteria
established by the board of directors for selecting recipients of those
benefits.
Sec. 70909. Availability of personnel, services, and facilities of
Department of Education
On request of the board of directors of the corporation, the
Secretary of Education may make personnel, services, and facilities of
the Department of Education available to administer or assist in the
administration of the activities of the corporation. Personnel of the
Department may not receive compensation from the corporation for their
services, except that travel and other legitimate expenses as defined by
the Secretary and approved by the board may be paid. The Secretary also
may cooperate with the State
[[Page 112 STAT. 1359]]
boards for vocational education to assist in the promotion of the
activities of the corporation.
Sec. 70910. Headquarters and principal office
The headquarters and principal office of the corporation shall be in
the District of Columbia. However, the activities of the corporation are
not confined to the District of Columbia but may be conducted throughout
the States, territories, and possessions of the United States.
Sec. 70911. Records and inspection
(a) Records.--The corporation shall keep--
(1) correct and complete records of account;
(2) minutes of the proceedings of its members, board of
directors, and committees having any of the authority of its
board of directors; and
(3) a record of the names and addresses of its members
entitled to vote.
(b) Inspection.--A member, or an agent or attorney of the member,
may inspect the records of the corporation at any reasonable time.
Sec. 70912. Service of process
(a) District of Columbia.--The corporation shall have a designated
agent in the District of Columbia to receive service of process for the
corporation. Designation of the agent shall be filed in the office of
the clerk of the United States District Court for the District of
Columbia. Notice to or service on the agent, or mailed to the business
address of the agent, is notice to or service on the corporation.
(b) States, Territories, and Possessions.--As a condition to the
exercise of any power or privilege granted by this chapter, the
Corporation shall file, with the Secretary of State or other designated
official of each State, territory, or possession of the United States in
which a subordinate association or chapter is organized, the name and
address of an agent in that State, territory, or possession on whom
legal process or demands against the corporation may be served.
Sec. 70913. Liability for acts of officers and agents
The corporation is liable for the acts of its officers and agents
acting within the scope of their authority.
Sec. 70914. Distribution of assets on dissolution or final liquidation
On dissolution or final liquidation of the corporation, any assets
remaining after the discharge of all liabilities shall be used by the
board of directors for the benefit of students of vocational agriculture
or be transferred to a recognized educational foundation.
CHAPTER 801--GENERAL FEDERATION OF WOMEN'S CLUBS
Sec.
80101. Organization.
80102. Purposes.
80103. Constitution and bylaws.
80104. Property.
[[Page 112 STAT. 1360]]
80105. Principal office and meetings.
80106. Distribution of assets on dissolution.
Sec. 80101. Organization
(a) Federal Charter.--General Federation of Women's Clubs (in this
chapter, the ``corporation'') is a body corporate and politic of the
District of Columbia.
(b) Perpetual Existence.--Except as otherwise provided, the
corporation has perpetual existence.
Sec. 80102. Purposes
The corporation shall be organized and operated exclusively for
charitable and educational purposes within the meaning of section
501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)) and
shall comply with the requirements for classification as an exempt
organization under section 501(c)(3). The charitable purposes of the
corporation shall be achieved through volunteer efforts by the members
of the corporation, including arts programs, conservation programs,
educational programs, homelife programs, international affairs, public
affairs programs advancing information about public affairs, and
community improvement programs.
Sec. 80103. Constitution and bylaws
The corporation shall have a constitution and may adopt bylaws for
the admission and qualifications of members, the management of its
property, and the regulation of its affairs. The corporation may amend
its constitution and bylaws.
Sec. 80104. Property
The corporation may--
(1) acquire, own, lease, encumber, and transfer property as
necessary to carry out the purposes of the corporation; and
(2) issue instruments of indebtedness in relation to its
real property.
Sec. 80105. Principal office and meetings
(a) Principal Office.--The principal office of the corporation shall
be in the District of Columbia.
(b) Meetings.--The corporation may hold its meetings at places
outside the District of Columbia.
Sec. 80106. Distribution of assets on dissolution
On dissolution of the corporation, the board of directors shall
liquidate and distribute its assets to organizations qualified as exempt
organizations under section 501(c)(3) of the Internal Revenue Code of
1986 (26 U.S.C. 501(c)(3)) with purposes similar to those of the
corporation.
CHAPTER 803--GIRL SCOUTS OF THE UNITED STATES OF AMERICA
Sec.
80301. Organization.
80302. Purposes.
80303. Governing body.
80304. Powers.
80305. Exclusive right to emblems, badges, marks, and words.
80306. Restrictions.
80307. Annual report.
[[Page 112 STAT. 1361]]
Sec. 80301. Organization
(a) Federal Charter.--Girl Scouts of the United States of America
(in this chapter, the ``corporation'') is a body corporate and politic
of the District of Columbia.
(b) Domicile.--The domicile of the corporation is the District of
Columbia.
(c) Perpetual Existence.--Except as otherwise provided, the
corporation has perpetual existence.
Sec. 80302. Purposes
The purposes of the corporation are--
(1) to promote the qualities of truth, loyalty, helpfulness,
friendliness, courtesy, purity, kindness, obedience,
cheerfulness, thriftiness, and kindred virtues among girls, as a
preparation for their responsibilities in the home and for
service to the community;
(2) to direct and coordinate the Girl Scout movement in the
United States and territories and possessions of the United
States; and
(3) to fix and maintain standards for the movement that will
inspire the rising generation with the highest ideals of
character, patriotism, conduct, and attainment.
Sec. 80303. Governing body
(a) National Council.--(1) There shall be a National Council of Girl
Scouts. The number, qualifications, and term of office of members of the
Council are as provided in the constitution of the corporation, except
that members of the Council must be citizens of the United States.
(2) The Council may adopt and amend a constitution and bylaws and
elect a board of directors, officers, and agents.
(3) The constitution may prescribe the number of members of the
Council necessary for a quorum. That number may be less than a majority
of the entire Council.
(4) Meetings of the Council shall be held as provided in the
constitution to hold elections and receive reports of the officers and
board of directors. Special meetings may be called as provided in the
constitution.
(b) Board of Directors.--(1) To the extent provided in the
constitution and bylaws, the board of directors shall have the powers of
the Council and manage the activities of the corporation between
meetings of the Council. The number, qualifications, and term of office
of directors are as provided in the constitution.
(2) The constitution may prescribe the number of directors necessary
for a quorum. That number shall be at least 20 or two-fifths of the
entire board.
(c) Executive and Other Committees.--The bylaws may provide for--
(1) an executive committee to carry out the powers of the
board of directors between meetings of the board; and
(2) other committees to operate under the general
supervision of the board of directors.
(d) Location of Meetings and Records.--The Council and the board of
directors may hold meetings and keep the seal and records of the
corporation in or outside the District of Columbia.
[[Page 112 STAT. 1362]]
Sec. 80304. Powers
The corporation may--
(1) adopt and amend a constitution, bylaws, and regulations,
including regulations for the election of associates and
successors;
(2) adopt and alter a seal;
(3) have offices and conduct its activities in the District
of Columbia and in the States, territories, and possessions of
the United States;
(4) acquire, own, lease, encumber, and transfer property,
and use any income from the property, as necessary to carry out
the purposes of the corporation;
(5) sue and be sued within the jurisdiction of the United
States; and
(6) do any other act necessary to carry out this chapter and
the purposes of the corporation.
Sec. 80305. Exclusive right to emblems, badges, marks, and words
The corporation has the exclusive right to use all emblems and
badges, descriptive or designating marks, and words or phrases the
corporation adopts, including the badge of the Girl Scouts,
Incorporated, referred to in the Act of August 12, 1937 (ch. 590, 50
Stat. 623), and to authorize their use, during the life of the
corporation, in connection with the manufacture, advertisement, and sale
of equipment and merchandise. This section does not affect any vested
rights.
Sec. 80306. Restrictions
(a) Profit.--The corporation may not operate for profit.
(b) Political Activities.--The corporation shall be nonpolitical and
nonsectarian.
Sec. 80307. Annual report
Not later than April 1 of each year, the corporation shall submit a
report to Congress on the activities of the corporation during the prior
fiscal year. The report shall be printed each year, with accompanying
illustrations, as a separate House document of the session of the
Congress to which the report is submitted.
CHAPTER 805--GOLD STAR WIVES OF AMERICA
Sec.
80501. Definition.
80502. Organization.
80503. Purposes.
80504. Membership.
80505. Governing body.
80506. Powers.
80507. Restrictions.
80508. Duty to maintain tax-exempt status.
80509. Records and inspection.
80510. Service of process.
80511. Liability for acts of officers and agents.
80512. Annual report.
Sec. 80501. Definition
For purposes of this chapter, ``State'' includes the District of
Columbia and the territories and possessions of the United States.
[[Page 112 STAT. 1363]]
Sec. 80502. Organization
(a) Federal Charter.--Gold Star Wives of America (in this chapter,
the ``corporation''), incorporated in New York, is a federally chartered
corporation.
(b) Expiration of Charter.--If the corporation does not comply with
any provision of this chapter, the charter granted by this chapter
expires.
Sec. 80503. Purposes
The purposes of the corporation are--
(1) to operate in the public interest, as a nonpartisan and
nonprofit organization, solely for patriotic, charitable,
literary, educational, scientific, or civic improvement
purposes; and
(2) the purposes stated in its articles of incorporation
that are not inconsistent with the purposes described in clause
(1) of this section.
Sec. 80504. Membership
(a) Eligibility.--Except as provided in this chapter, eligibility
for membership in the corporation and the rights and privileges of
members are as provided in the articles of incorporation and bylaws.
(b) Nondiscrimination.--The terms of membership may not discriminate
on the basis of race, color, religion, or national origin.
Sec. 80505. Governing body
(a) Board of Directors.--The board of directors and the
responsibilities of the board are as provided in the articles of
incorporation.
(b) Officers.--The officers and the election of officers are as
provided in the articles of incorporation.
(c) Nondiscrimination.--The requirements for holding office in the
corporation may not discriminate on the basis of race, color, religion,
or national origin.
Sec. 80506. Powers
The corporation has only the powers provided in its bylaws and
articles of incorporation filed in the State in which it is
incorporated.
Sec. 80507. Restrictions
(a) Stock and Dividends.--The corporation may not issue stock or
declare or pay a dividend.
(b) Political Activities.--The corporation or a director or officer
as such may not contribute to, support, or participate in any political
activity or in any manner attempt to influence legislation.
(c) Distribution of Income or Assets.--The income or assets of the
corporation may not inure to the benefit of, or be distributed to, a
director, officer, or member during the life of the charter granted by
this chapter. This subsection does not prevent the payment of reasonable
compensation to an officer or reimbursement for actual necessary
expenses in amounts approved by the board of directors.
(d) Loans.--The corporation may not make a loan to any director,
officer, or employee.
[[Page 112 STAT. 1364]]
Sec. 80508. Duty to maintain tax-exempt status
The corporation shall maintain its status as an organization exempt
from taxation under the Internal Revenue Code of 1986 (26 U.S.C. 1 et
seq.).
Sec. 80509. Records and inspection
(a) Records.--The corporation shall keep--
(1) correct and complete records of account;
(2) minutes of the proceedings of its members, board of
directors, and committees having any of the authority of its
board of directors; and
(3) at its principal office, a record of the names and
addresses of its members entitled to vote.
(b) Inspection.--A member entitled to vote, or an agent or attorney
of the member, may inspect the records of the corporation for any proper
purpose, at any reasonable time.
Sec. 80510. Service of process
The corporation shall comply with the law on service of process of
each State in which it is incorporated and each State in which it
carries on activities.
Sec. 80511. Liability for acts of officers and agents
The corporation is liable for the acts of its officers and agents
acting within the scope of their authority and in accordance with the
laws of the States in which it carries on its activities.
Sec. 80512. Annual report
The corporation shall submit an annual report to Congress on the
activities of the corporation during the prior calendar year. The report
may not be printed as a public document.
CHAPTER 901--[RESERVED]
CHAPTER 1001--ITALIAN AMERICAN WAR VETERANS OF THE UNITED STATES
Sec.
100101. Definition.
100102. Organization.
100103. Purposes.
100104. Membership.
100105. Governing body.
100106. Powers.
100107. Restrictions.
100108. Duty to maintain tax-exempt status.
100109. Records and inspection.
100110. Service of process.
100111. Liability for acts of officers and agents.
100112. Annual report.
Sec. 100101. Definition
For purposes of this chapter, ``State'' includes the District of
Columbia and the territories and possessions of the United States.
Sec. 100102. Organization
(a) Federal Charter.--Italian American War Veterans of the United
States (in this chapter, the ``corporation''), a nonprofit corporation
incorporated in California, Connecticut, Florida, Massachusetts, New
Jersey, New York, Ohio, Pennsylvania, and Rhode Island, is a federally
chartered corporation.
[[Page 112 STAT. 1365]]
(b) Expiration of Charter.--If the corporation does not comply with
any provision of this chapter, the charter granted by this chapter
expires.
Sec. 100103. Purposes
The purposes of the corporation are as provided in the articles of
incorporation and include--
(1) giving patriotic allegiance to the United States,
fidelity to the Constitution and laws of the United States, and
support to the security of civil liberty and permanence of free
institutions;
(2) stimulating patriotism in the minds of Americans by
encouraging the study of the history of the United States;
(3) ensuring the preservation and defense of the United
States from all enemies without reservation;
(4) preserving the memories and records of patriotic service
performed by men and women who served in the Armed Forces, by
gathering, collating, editing, publishing, and exhibiting the
memorabilia, information, records, military awards, decorations,
and citations of those who served in the Armed Forces;
(5) promoting peace, prosperity, and good will between the
peoples of the United States and Italy; and
(6) functioning as a veterans' and patriotic organization as
authorized by the laws of each State in which it is
incorporated.
Sec. 100104. Membership
A citizen of the United States who was honorably discharged from the
Armed Forces is eligible for membership in the corporation. Except as
provided in this chapter, eligibility for membership and the rights and
privileges of members are as provided in the bylaws.
Sec. 100105. Governing body
(a) Board of Directors.--The board of directors and the
responsibilities of the board are as provided in the articles of
incorporation.
(b) Officers.--The officers and the election of officers are as
provided in the articles of incorporation.
Sec. 100106. Powers
The corporation has only the powers provided in its bylaws and
articles of incorporation filed in each State in which it is
incorporated.
Sec. 100107. Restrictions
(a) Stock and Dividends.--The corporation may not issue stock or
declare or pay a dividend.
(b) Political Activities.--The corporation or a director or officer
as such may not contribute to, support, or participate in any political
activity or in any manner attempt to influence legislation.
(c) Distribution of Income or Assets.--The income or assets of the
corporation may not inure to the benefit of, or be distributed to, a
director, officer, or member during the life of the charter granted by
this chapter. This subsection does not prevent the payment of reasonable
compensation to an officer or reimbursement
[[Page 112 STAT. 1366]]
for actual necessary expenses in amounts approved by the board of
directors.
(d) Loans.--The corporation may not make a loan to a director,
officer, or employee.
(e) Claim of Governmental Approval or Authority.--The corporation
may not claim congressional approval or the authority of the United
States Government for any of its activities.
Sec. 100108. Duty to maintain tax-exempt status
The corporation shall maintain its status as an organization exempt
from taxation under the Internal Revenue Code of 1986 (26 U.S.C. 1 et
seq.).
Sec. 100109. Records and inspection
(a) Records.--The corporation shall keep--
(1) correct and complete records of account;
(2) minutes of the proceedings of its members, board of
directors, and committees having any of the authority of its
board of directors; and
(3) at its principal office, a record of the names and
addresses of its members entitled to vote.
(b) Inspection.--A member entitled to vote, or an agent or attorney
of the member, may inspect the records of the corporation for any proper
purpose, at any reasonable time.
Sec. 100110. Service of process
The corporation shall comply with the law on service of process of
each State in which it is incorporated and each State in which it
carries on activities.
Sec. 100111. Liability for acts of officers and agents
The corporation is liable for the acts of its officers and agents
acting within the scope of their authority.
Sec. 100112. Annual report
The corporation shall submit an annual report to Congress on the
activities of the corporation during the prior fiscal year. The report
shall be submitted at the same time as the report of the audit required
by section 10101 of this title. The report may not be printed as a
public document.
CHAPTER 1101--JEWISH WAR VETERANS OF THE UNITED STATES OF AMERICA,
INCORPORATED
Sec.
110101. Definition.
110102. Organization.
110103. Purposes.
110104. Membership.
110105. Governing body.
110106. Powers.
110107. Restrictions.
110108. Duty to maintain corporate and tax-exempt status.
110109. Records and inspection.
110110. Service of process.
110111. Liability for acts of officers and agents.
110112. Annual report.
Sec. 110101. Definition
For purposes of this chapter, ``State'' includes the District of
Columbia and the territories and possessions of the United States.
[[Page 112 STAT. 1367]]
Sec. 110102. Organization
(a) Federal Charter.--Jewish War Veterans of the United States of
America, Incorporated (in this chapter, the ``corporation''), a
nonprofit corporation incorporated in New York, is a federally chartered
corporation.
(b) Expiration of Charter.--If the corporation does not comply with
any provision of this chapter, the charter granted by this chapter
expires.
Sec. 110103. Purposes
The purposes of the corporation are as provided in its articles of
incorporation and include a continuing commitment, on a national basis,
to--
(1) maintain true allegiance to the United States;
(2) foster and perpetuate true Americanism;
(3) combat whatever tends to impair the efficiency and
permanency of our free institutions;
(4) uphold the fair name of Jews and fight their battles
wherever unjustly assailed;
(5) encourage the doctrine of universal liberty, equal
rights, and full justice to all men;
(6) combat the powers of bigotry and darkness wherever
originating and whatever the target;
(7) preserve the spirit of comradeship by mutual helpfulness
to comrades and their families;
(8) cooperate with and support existing educational
institutions and establish educational institutions;
(9) foster the education of ex-servicemen and ex-
servicewomen and members of the corporation in the ideals and
principles of Americanism;
(10) instill love of country and flag;
(11) promote sound minds and bodies in members of the
corporation and their youth;
(12) preserve the memories and records of patriotic service
performed by the men and women of the Jewish faith and honor
their memory; and
(13) shield from neglect the graves of our heroic dead.
Sec. 110104. Membership
Except as provided in this chapter, eligibility for membership in
the corporation and the rights and privileges of members are as provided
in the constitution and bylaws of the corporation.
Sec. 110105. Governing body
(a) Board of Directors.--The board of directors and the
responsibilities of the board are as provided in the articles of
incorporation.
(b) Officers.--The officers and the election of officers are as
provided in the articles of incorporation.
Sec. 110106. Powers
The corporation has only the powers provided in its bylaws and
articles of incorporation filed in each State in which it is
incorporated.
[[Page 112 STAT. 1368]]
Sec. 110107. Restrictions
(a) Stock and Dividends.--The corporation may not issue stock or
declare or pay a dividend.
(b) Distribution of Income or Assets.--The income or assets of the
corporation may not inure to the benefit of, or be distributed to, a
director, officer, or member during the life of the charter granted by
this chapter. This subsection does not prevent the payment of reasonable
compensation to an officer or reimbursement for actual necessary
expenses in amounts approved by the board of directors.
(c) Loans.--The corporation may not make a loan to a director,
officer, or employee.
(d) Claim of Governmental Approval or Authority.--The corporation
may not claim congressional approval or the authority of the United
States Government for any of its activities.
Sec. 110108. Duty to maintain corporate and tax-exempt status
(a) Corporate Status.--The corporation shall maintain its status as
a corporation incorporated under the laws of New York.
(b) Tax-Exempt Status.--The corporation shall maintain its status as
an organization exempt from taxation under the Internal Revenue Code of
1986 (26 U.S.C. 1 et seq.).
Sec. 110109. Records and inspection
(a) Records.--The corporation shall keep--
(1) correct and complete records of account;
(2) minutes of the proceedings of its members, board of
directors, and committees having any of the authority of its
board of directors; and
(3) at its principal office, a record of the names and
addresses of its members entitled to vote.
(b) Inspection.--A member entitled to vote, or an agent or attorney
of the member, may inspect the records of the corporation for any proper
purpose, at any reasonable time.
Sec. 110110. Service of process
The corporation shall comply with the law on service of process of
each State in which it is incorporated and each State in which it
carries on activities.
Sec. 110111. Liability for acts of officers and agents
The corporation is liable for the acts of its officers and agents
acting within the scope of their authority.
Sec. 110112. Annual report
The corporation shall submit an annual report to Congress on the
activities of the corporation during the prior fiscal year. The report
shall be submitted at the same time as the report of the audit required
by section 10101 of this title. The report may not be printed as a
public document.
CHAPTER 1103--JEWISH WAR VETERANS, U.S.A., NATIONAL MEMORIAL,
INCORPORATED
Sec.
110301. Organization.
110302. Purposes.
110303. Governing body.
[[Page 112 STAT. 1369]]
110304. Powers.
110305. Restrictions.
110306. Principal office.
110307. Records and inspection.
110308. Service of process.
110309. Liability for acts of officers and agents.
110310. Distribution of assets on dissolution or final liquidation.
Sec. 110301. Organization
(a) Federal Charter.--Jewish War Veterans, U.S.A., National
Memorial, Incorporated (in this chapter, the ``corporation''), is a
federally chartered corporation.
(b) Place of Incorporation and Domicile.--The corporation is
declared to be a nonprofit corporation incorporated and domiciled in the
District of Columbia.
(c) Perpetual Existence.--Except as otherwise provided, the
corporation has perpetual existence.
Sec. 110302. Purposes
The purposes of the corporation are--
(1) to maintain and conduct a national memorial and museum
dedicated to and commemorating the service and sacrifice by
Americans of the Jewish faith in the Armed Forces of the United
States during the period of war;
(2) to gather, collate, edit, publish, and exhibit
memorabilia, information, records, military awards, decorations,
citations, and similar items, to preserve the memories and
records of patriotic service performed by men and women of the
Jewish faith while in the Armed Forces of the United States in
time of war; and
(3) to stimulate patriotism in the minds of all Americans by
encouraging the study of the military and naval history of the
United States.
Sec. 110303. Governing body
(a) Board of Directors.--(1) The board of directors is the governing
body of the corporation. Between meetings of the corporation, the board
is responsible for the general policies and program of the corporation.
The board is responsible for the control of all funds of the
corporation.
(2) The number of directors, their manner of selection (including
the filling of vacancies), and their term of office are as provided in
the constitution and bylaws of the corporation. However, the board shall
have at least 36 directors.
(b) Officers.--(1) The officers of the corporation are a president,
one or more vice presidents as provided in the constitution and bylaws,
a secretary, and a treasurer.
(2) The manner of election, term of office, and duties of the
officers are as provided in the constitution and bylaws.
Sec. 110304. Powers
The corporation may--
(1) adopt and amend a constitution and bylaws for the
management of its property and the regulation of its affairs;
(2) adopt and alter a corporate seal;
(3) make contracts;
(4) acquire, own, lease, encumber, and transfer property as
necessary or convenient to carry out the purposes of the
corporation;
[[Page 112 STAT. 1370]]
(5) borrow money, issue instruments of indebtedness, and
secure its obligations by granting security interests in its
property; and
(6) sue and be sued.
Sec. 110305. Restrictions
(a) Stock and Dividends.--The corporation may not issue stock or
declare or pay a dividend.
(b) Political Activities.--The corporation or a director or officer
as such may not contribute to, support, or assist a political party or
candidate for public office.
(c) Distribution of Income or Assets.--The income or assets of the
corporation may not inure to the benefit of, or be distributed to, a
director or officer. This subsection does not prevent the payment of
compensation to an officer or employee in an amount approved by the
executive committee of the corporation.
(d) Loans.--The corporation may not make a loan to a director,
officer, or employee. Directors who vote for or assent to making a loan
to a director, officer, or employee, and officers who participate in
making the loan, are jointly and severally liable to the corporation for
the amount of the loan until it is repaid.
Sec. 110306. Principal office
The principal office of the corporation shall be in the District of
Columbia. However, the activities of the corporation are not confined to
the District of Columbia but may be conducted throughout the States,
territories, and possessions of the United States.
Sec. 110307. Records and inspection
(a) Records.--The corporation shall keep--
(1) correct and complete records of account;
(2) minutes of the proceedings of its members, board of
directors, and committees having any of the authority of its
board of directors; and
(3) at its principal office, a record of the names and
addresses of its members entitled to vote.
(b) Inspection.--A member entitled to vote, or an agent or attorney
of the member, may inspect the records of the corporation for any proper
purpose, at any reasonable time.
Sec. 110308. Service of process
The corporation shall have a designated agent in its headquarters in
the District of Columbia to receive service of process for the
corporation. Notice to or service on the agent, or mailed to the
headquarters of the corporation in the District of Columbia, is notice
to or service on the corporation.
Sec. 110309. Liability for acts of officers and agents
The corporation is liable for the acts of its officers and agents
acting within the scope of their authority.
Sec. 110310. Distribution of assets on dissolution or final liquidation
On dissolution or final liquidation of the corporation, any assets
remaining after the discharge of all liabilities shall be distributed as
provided by the board of directors, but in compliance with the
constitution and bylaws of the corporation. This section does not
[[Page 112 STAT. 1371]]
allow assets to be distributed to an officer or employee or to inure to
the benefit of a private person.
CHAPTER 1201--[RESERVED]
CHAPTER 1301--LADIES OF THE GRAND ARMY OF THE REPUBLIC
Sec.
130101. Organization.
130102. Purposes.
130103. Membership.
130104. Governing body.
130105. Powers.
130106. Exclusive right to name, seals, emblems, and badges.
130107. Restrictions.
130108. Principal office.
130109. Records and inspection.
130110. Service of process.
130111. Liability for acts of officers and agents.
130112. Annual report.
130113. Distribution of assets on dissolution or final liquidation.
Sec. 130101. Organization
(a) Federal Charter.--Ladies of the Grand Army of the Republic (in
this chapter, the ``corporation'') is a federally chartered corporation.
(b) Place of Incorporation and Domicile.--The corporation is
declared to be incorporated and domiciled in the District of Columbia.
(c) Perpetual Existence.--Except as otherwise provided, the
corporation has perpetual existence.
Sec. 130102. Purposes
The purposes of the corporation are--
(1) to perpetuate the memory of the Grand Army of the
Republic and of the men who saved the Union in 1861 to 1865;
(2) to assist in every practicable way in preserving, and
making available for research, documents and records pertaining
to the Grand Army of the Republic and its members;
(3) to cooperate in doing honor to all those who have served
our country patriotically in any way;
(4) to teach patriotism, the duties of citizenship, the true
history of our country, and the love and honor of our flag;
(5) to oppose every tendency or movement that would weaken
loyalty to, destroy, or impair our constitutional Union; and
(6) to inculcate and broadly sustain the American principles
of representative government, equal rights, and impartial
justice for all.
Sec. 130103. Membership
(a) Eligibility.--(1) Except as provided in this chapter,
eligibility for membership in the corporation and the rights,
privileges, and designation of classes of members are as provided in the
constitution and bylaws of the corporation.
(2) Eligibility for membership is limited to female blood relatives
of an individual who--
(A) served at any time during the period April 12, 1861,
through April 9, 1865, as a soldier or sailor in--
[[Page 112 STAT. 1372]]
(i) the United States Army, Navy, Marine Corps, or
Revenue-Cutter Service; or
(ii) a State regiment that was called into active
service and was subject to orders of United States
general officers during that period; and
(B) was honorably discharged from, or died in, that service.
(b) Voting.--Each member has one vote on each matter submitted to a
vote at a meeting of the members.
Sec. 130104. Governing body
(a) National Convention.--(1) The national convention is the supreme
governing authority of the corporation.
(2) The national convention is composed of officers and elected
representatives from the States and other local subdivisions of the
corporation as provided in the constitution and bylaws. However, the
form of government of the corporation must be representative of the
membership at large and may not permit concentration of control in a
limited number of members or in a self-perpetuating group not
representative of the membership at large.
(3) The meetings of the national convention may be held in the
District of Columbia or in any State, territory, or possession of the
United States.
(b) Officers.--The titles, manner of selection, term of office, and
duties of the officers are as provided in the constitution and bylaws of
the corporation.
Sec. 130105. Powers
The corporation may--
(1) adopt and amend a constitution and bylaws for the
management of its property and the regulation of its affairs;
(2) adopt and alter a corporate seal;
(3) choose officers, managers, agents, and employees as the
activities of the corporation require;
(4) make contracts;
(5) acquire, own, lease, encumber, and transfer property as
necessary or convenient to carry out the purposes of the
corporation;
(6) borrow money, issue instruments of indebtedness, and
secure its obligations by granting security interests in its
property;
(7) sue and be sued; and
(8) do any other act necessary and proper to carry out the
purposes of the corporation.
Sec. 130106. Exclusive right to name, seals, emblems, and badges
The corporation and its subordinate divisions have the exclusive
right to use the name ``Ladies of the Grand Army of the Republic''. The
corporation has the exclusive right to use and to allow others to use
seals, emblems, and badges the corporation adopts.
Sec. 130107. Restrictions
(a) Stock and Dividends.--The corporation may not issue stock or
declare or pay a dividend.
(b) Political Activities.--The corporation or an officer or agent as
such may not contribute to a political party or candidate for public
office.
[[Page 112 STAT. 1373]]
(c) Distribution of Income or Assets.--The income or assets of the
corporation may not inure to the benefit of, or be distributed to, an
officer or member during the life of the corporation or on its
dissolution or final liquidation. This subsection does not prevent the
payment of compensation to an officer or reimbursement for actual
necessary expenses in amounts approved by the council of administration
of the corporation.
(d) Loans.--The corporation may not make a loan or advance to an
officer or employee. Members of the council of administration who vote
for or assent to making a loan or advance to an officer or employee, and
officers who participate in making the loan or advance, are jointly and
severally liable to the corporation for the amount of the loan or
advance until it is repaid.
Sec. 130108. Principal office
The principal office of the corporation shall be in the District of
Columbia or another place decided by the corporation. However, the
activities of the corporation are not confined to the place where the
principal office is located but may be conducted throughout the States,
territories, and possessions of the United States.
Sec. 130109. Records and inspection
(a) Records.--The corporation shall keep--
(1) correct and complete records of account; and
(2) minutes of the proceedings of its national conventions
and council of administration.
(b) Inspection.--A member, or an agent or attorney of the member,
may inspect the records of the corporation for any proper purpose, at
any reasonable time.
Sec. 130110. Service of process
The corporation shall have a designated agent in the District of
Columbia to receive service of process for the corporation. Notice to or
service on the agent, or mailed to the business address of the agent, is
notice to or service on the corporation.
Sec. 130111. Liability for acts of officers and agents
The corporation is liable for the acts of its officers and agents
acting within the scope of their authority.
Sec. 130112. Annual report
Not later than March 1 of each year, the corporation shall submit a
report to Congress on the activities of the corporation during the prior
fiscal year. The report may consist of a report on the proceedings of
the national convention. The report may not be printed as a public
document.
Sec. 130113. Distribution of assets on dissolution or final liquidation
On dissolution or final liquidation of the corporation, any assets
remaining after the discharge of all liabilities shall be distributed as
provided by the council of administration, but in compliance with the
constitution and bylaws of the corporation.
[[Page 112 STAT. 1374]]
CHAPTER 1303--LEGION OF VALOR OF THE UNITED STATES OF AMERICA,
INCORPORATED
Sec.
130301. Organization.
130302. Principles and purposes.
130303. Membership.
130304. Governing body.
130305. Powers.
130306. Restrictions.
130307. Principal office.
130308. Records and inspection.
130309. Service of process.
130310. Liability for acts of officers and agents.
130311. Distribution of assets on dissolution or final liquidation.
Sec. 130301. Organization
(a) Federal Charter.--Legion of Valor of the United States of
America, Incorporated (in this chapter, the ``corporation''), is a
federally chartered corporation.
(b) Place of Incorporation and Domicile.--The corporation is
declared to be incorporated and domiciled in the District of Columbia.
(c) Perpetual Existence.--Except as otherwise provided, the
corporation has perpetual existence.
(d) References to Army and Navy Legion of Valor of the United States
of America, Incorporated.--Any reference to the Army and Navy Legion of
Valor of the United States of America, Incorporated, is deemed to refer
to the Legion of Valor of the United States of America, Incorporated.
Sec. 130302. Principles and purposes
(a) Principles.--The principles underlying the corporation are
patriotic allegiance to the United States of America, fidelity to the
constitution and laws of the United States, the security of civil
liberty, and the permanence of free institutions.
(b) Purposes.--The purposes of the corporation are--
(1) to cherish the memories of the valiant deeds in arms for
which the Congressional Medal of Honor, the Distinguished
Service Cross, the Navy Cross, and the Air Force Cross are the
insignia;
(2) to promote true fellowship among its members;
(3) to advance the best interests of members of the Armed
Forces of the United States of America;
(4) to extend all possible relief to needy members of the
corporation and their widows and children; and
(5) to stimulate patriotism in the minds of our youth by
encouraging the study of the patriotic, military, and naval
history of our Nation.
Sec. 130303. Membership
(a) Eligibility.--An individual is eligible for active membership in
the corporation if the individual--
(1) is of good moral character; and
(2) has received a Congressional Medal of Honor, a
Distinguished Service Cross, a Navy Cross, or an Air Force Cross
awarded for acts of extraordinary heroism in connection with
military or naval operations against an armed enemy, or for
heroism of a specially distinguished character, as a member of
the Armed Forces of the United States or any foreign country.
[[Page 112 STAT. 1375]]
(b) Extension of Eligibility to Parents and Descendants.--The
corporation may extend eligibility for membership, either active or
associate, to parents and lineal descendants of an individual described
in subsection (a) of this section on terms provided in its constitution
and bylaws.
(c) Voting.--Each member (except an associate member) has one vote
on each matter submitted to a vote at a meeting of the members.
Sec. 130304. Governing body
(a) Board of Directors.--(1) The board of directors is the governing
body of the corporation. Between meetings of the corporation, the board
is responsible for the general policies and program of the corporation.
The board is responsible for all funds of the corporation.
(2) The number of directors, their manner of selection (including
the filling of vacancies), and their term of office are as provided in
the constitution and bylaws of the corporation. However, the board shall
have at least 10 directors.
(b) Officers.--(1) The officers of the corporation are a commander,
a senior vice commander, a junior vice commander, a chaplain, an
adjutant and quartermaster, a judge advocate, an inspector, a surgeon, a
historian, and any aides-de-camp provided in the constitution and
bylaws.
(2) The manner of election, term of office, and duties of the
officers are as provided in the constitution and bylaws.
Sec. 130305. Powers
The corporation may--
(1) adopt and amend a constitution and bylaws for the
management of its property and the regulation of its affairs;
(2) adopt and alter a corporate seal;
(3) make contracts;
(4) acquire, own, lease, encumber, and transfer property as
necessary or convenient to carry out the purposes of the
corporation;
(5) borrow money, issue instruments of indebtedness, and
secure its obligations by granting security interests in its
property;
(6) charge and collect membership dues; and
(7) sue and be sued.
Sec. 130306. Restrictions
(a) Stock and Dividends.--The corporation may not issue stock or
declare or pay a dividend.
(b) Political Activities.--The corporation or a director or officer
as such may not contribute to, support, or assist a political party or
candidate for public office.
(c) Distribution of Income or Assets.--The income or assets of the
corporation may not inure to the benefit of, or be distributed to, a
director, officer, or member except on dissolution or final liquidation
of the corporation. This subsection does not prevent the payment of
compensation to an officer in an amount approved by the executive
committee of the corporation.
(d) Loans.--The corporation may not make a loan to a director,
officer, or employee. Directors who vote for or assent to making a loan
to a director, officer, or employee, and officers who participate
[[Page 112 STAT. 1376]]
in making the loan, are jointly and severally liable to the corporation
for the amount of the loan until it is repaid.
Sec. 130307. Principal office
The principal office of the corporation shall be in a place decided
by the board of directors. However, the activities of the corporation
are not confined to the place where the principal office is located but
may be conducted throughout the States, territories, and possessions of
the United States.
Sec. 130308. Records and inspection
(a) Records.--The corporation shall keep--
(1) correct and complete records of account;
(2) minutes of the proceedings of its members, board of
directors, and committees having any of the authority of its
board of directors; and
(3) at its principal office, a record of the names and
addresses of its members entitled to vote.
(b) Inspection.--A member entitled to vote, or an agent or attorney
of the member, may inspect the records of the corporation for any proper
purpose, at any reasonable time.
Sec. 130309. Service of process
The corporation shall have a designated agent in the District of
Columbia to receive service of process for the corporation. Notice to or
service on the agent, or mailed to the business address of the agent, is
notice to or service on the corporation.
Sec. 130310. Liability for acts of officers and agents
The corporation is liable for the acts of its officers and agents
acting within the scope of their authority.
Sec. 130311. Distribution of assets on dissolution or final liquidation
On dissolution or final liquidation of the corporation, any assets
remaining after the discharge of all liabilities shall be distributed as
provided by the board of directors, but in compliance with the
constitution and bylaws of the corporation.
CHAPTER 1305--LITTLE LEAGUE BASEBALL, INCORPORATED
Sec.
130501. Organization.
130502. Purposes.
130503. Membership.
130504. Governing body.
130505. Powers.
130506. Exclusive right to name and emblems.
130507. Restrictions.
130508. Principal office.
130509. Records and inspection.
130510. Statement required in audit report.
130511. Service of process.
130512. Liability for acts of officers and agents.
130513. Distribution of assets on dissolution or final liquidation.
Sec. 130501. Organization
(a) Federal Charter.--Little League Baseball, Incorporated (in this
chapter, the ``corporation''), is a federally chartered corporation.
[[Page 112 STAT. 1377]]
(b) Perpetual Existence.--Except as otherwise provided, the
corporation has perpetual existence.
Sec. 130502. Purposes
The purposes of the corporation are--
(1) to promote, develop, supervise, and voluntarily assist
in all lawful ways the interest of young people who participate
in Little League baseball;
(2) to help and voluntarily assist young people in
developing qualities of citizenship and sportsmanship; and
(3) using the disciplines of the native American game of
baseball, to teach spirit and competitive will to win, physical
fitness through individual sacrifice, the values of team play,
and wholesome well being through healthy social association with
other youngsters under proper leadership.
Sec. 130503. Membership
(a) Eligibility.--Except as provided in this chapter, eligibility
for membership in the corporation and the rights and privileges of
members are as provided in the constitution and bylaws of the
corporation.
(b) Voting.--Each member (except an honorary or associate member)
has one vote on each matter submitted to a vote at a meeting of the
members.
Sec. 130504. Governing body
(a) Board of Directors.--(1) The board of directors is the governing
body of the corporation. Between meetings of the corporation, the board
is responsible for the general policies and program of the corporation.
The board is responsible for the control of all funds of the
corporation.
(2) The number of directors, their manner of selection (including
the filling of vacancies), and their term of office are as provided in
the constitution and bylaws of the corporation. However, the board shall
have at least 13 directors.
(b) Officers.--(1) The officers of the corporation are a chairman of
the board of directors, a president, a vice president, and a secretary-
treasurer. Their duties are as provided in the constitution and bylaws
of the corporation.
(2) The officers shall be elected annually at the annual meeting of
the corporation.
Sec. 130505. Powers
The corporation may--
(1) adopt and amend a constitution and bylaws for the
management of its property and the regulation of its affairs;
(2) adopt and alter a corporate seal;
(3) adopt, alter, and display seals, emblems, and badges;
(4) choose directors, officers, trustees, managers,
employees, and agents as the activities of the corporation
require;
(5) make contracts;
(6) acquire, own, lease, encumber, and transfer property as
necessary or convenient to carry out the purposes of the
corporation;
(7) borrow money, issue instruments of indebtedness, and
secure its obligations by granting security interests in its
property;
[[Page 112 STAT. 1378]]
(8) charge and collect membership dues and subscription
fees;
(9) sue and be sued; and
(10) do any other act necessary or desirable to carry out
the purposes of the corporation.
Sec. 130506. Exclusive right to name and emblems
The corporation has the exclusive right to use and to allow others
to use the names ``Little League'' and ``Little Leaguer'' and the
official Little League emblem or any colorable simulation of that
emblem. This section does not affect any vested rights.
Sec. 130507. Restrictions
(a) Stock and Dividends.--The corporation may not issue stock or
declare or pay a dividend.
(b) Political Activities.--The corporation or a director, officer,
or agent as such may not contribute to, support, or assist any political
party or candidate for office.
(c) Distribution of Income or Assets.--The income and assets of the
corporation may not inure to the benefit of, or be distributed to, a
director, officer, or member during the life of the corporation or on
its dissolution or final liquidation. This subsection does not prevent
the payment of reasonable compensation to an officer in an amount
approved by the board of directors.
(d) Loans.--The corporation may not make a loan to a director,
officer, or employee. Directors who vote for or assent to making a loan
to a director, officer, or employee, and officers who participate in
making the loan, are jointly and severally liable to the corporation for
the amount of the loan until it is repaid.
Sec. 130508. Principal office
The principal office of the corporation shall be in Williamsport,
Pennsylvania, or another place decided by the board of directors.
However, the activities of the corporation may be conducted throughout
the world.
Sec. 130509. Records and inspection
(a) Records.--The corporation shall keep--
(1) correct and complete records of account;
(2) minutes of the proceedings of its members, board of
directors, and committees having any of the authority of its
board of directors; and
(3) at its principal office, a record of the names and
addresses of its members entitled to vote.
(b) Inspection.--A member entitled to vote, or an agent or attorney
of the member, may inspect the records of the corporation for any proper
purpose, at any reasonable time.
Sec. 130510. Statement required in audit report
The corporation shall include in the audit report statement required
under section 10101(b)(1)(B) of this title a schedule of all contracts
requiring payments greater than $10,000 and all payments of compensation
or fees at a rate greater than $10,000 a year.
[[Page 112 STAT. 1379]]
Sec. 130511. Service of process
The corporation shall have a designated agent in the District of
Columbia to receive service of process for the corporation. Notice to or
service on the agent, or mailed to the business address of the agent, is
notice to or service on the corporation.
Sec. 130512. Liability for acts of officers and agents
The corporation is liable for the acts of its officers and agents
acting within the scope of their authority.
Sec. 130513. Distribution of assets on dissolution or final liquidation
On dissolution or final liquidation of the corporation, any assets
remaining after the discharge of all liabilities shall be distributed as
provided by the board of directors, but consistent with the purposes of
the corporation and in compliance with the constitution and bylaws of
the corporation.
CHAPTER 1401--MARINE CORPS LEAGUE
Sec.
140101. Organization.
140102. Purposes.
140103. Powers.
140104. Annual report.
Sec. 140101. Organization
(a) Federal Charter.--Marine Corps League (in this chapter, the
``corporation'') is a federally chartered corporation.
(b) Perpetual Existence.--Except as otherwise provided, the
corporation has perpetual existence.
Sec. 140102. Purposes
The purposes of the corporation are--
(1) to preserve the traditions and to promote the interests
of the United States Marine Corps;
(2) to band those who, on August 4, 1937, were serving in
the United States Marine Corps and those who have been honorably
discharged from that service together in fellowship that they
may effectively promote the ideals of American freedom and
democracy;
(3) to fit its members for the duties of citizenship and to
encourage them to serve as ably as citizens as they have served
the Nation under arms;
(4) to hold sacred the history and memory of the men who
have given their lives to the Nation;
(5) to foster love for the principles which they have
supported by blood and valor since the founding of the Republic;
(6) to maintain true allegiance to American institutions;
(7) to create a bond of comradeship between those in service
and those who have returned to civil life;
(8) to aid voluntarily and to render assistance to all
marines and former marines as well as to their widows and
orphans; and
(9) to perpetuate the history of the United States Marine
Corps and by fitting acts to observe the anniversaries of
historical occasions of peculiar interest to marines.
[[Page 112 STAT. 1380]]
Sec. 140103. Powers
The corporation may--
(1) adopt and amend bylaws;
(2) adopt and alter a corporate seal;
(3) appoint or elect officers and agents;
(4) choose a board of trustees, consisting of at least 5 but
not more than 15 individuals, to conduct the business and
exercise the powers of the corporation;
(5) establish and maintain offices to conduct its
activities;
(6) acquire, own, lease, encumber, and transfer property as
necessary or appropriate to carry out the purposes of the
corporation;
(7) charge and collect membership dues and receive
contributions of money or property to be devoted to carrying out
the purposes of the corporation;
(8) sue and be sued; and
(9) do any other act necessary or appropriate to carry out
the purposes of the corporation.
Sec. 140104. Annual report
Not later than December 1 of each year, the corporation shall submit
a report to Congress on the activities of the corporation during the
prior calendar year. The report may not be printed as a public document.
CHAPTER 1403--THE MILITARY CHAPLAINS ASSOCIATION OF THE UNITED STATES OF
AMERICA
Sec.
140301. Organization.
140302. Purposes.
140303. Powers.
140304. Exclusive right to name.
140305. Annual report.
Sec. 140301. Organization
(a) Federal Charter.--The Military Chaplains Association of the
United States of America (in this chapter, the ``corporation'') is a
federally chartered corporation.
(b) Perpetual Existence.--Except as otherwise provided, the
corporation has perpetual existence.
Sec. 140302. Purposes
The purposes of the corporation are--
(1) to safeguard and strengthen the forces of faith and
morality of our Nation;
(2) to perpetuate and deepen the bonds of understanding and
friendship of our military service;
(3) to preserve our spiritual influence and interest in all
members and veterans of the Armed Forces;
(4) to uphold the Constitution of the United States; and
(5) to promote justice, peace, and good will.
Sec. 140303. Powers
The corporation may--
(1) make its own organization, including its constitution,
bylaws, and regulations;
(2) adopt and alter a corporate seal;
[[Page 112 STAT. 1381]]
(3) establish and maintain offices to conduct its
activities;
(4) appoint or elect officers and agents;
(5) authorize the executive committee to conduct the
business and exercise the powers of the corporation;
(6) acquire, own, lease, encumber, and transfer property as
necessary or appropriate to carry out the purposes of the
corporation;
(7) publish a magazine and other publications;
(8) charge and collect membership dues and subscription
fees;
(9) sue and be sued; and
(10) do any other act necessary or appropriate to carry out
the purposes of the corporation.
Sec. 140304. Exclusive right to name
The corporation and its area, State, and local chapters have the
exclusive right to use the name ``The Military Chaplains Association of
the United States of America''.
Sec. 140305. Annual report
Not later than September 1 of each year, the corporation shall
submit a report to Congress on the activities of the corporation during
the prior calendar year. The report may not be printed as a public
document.
CHAPTER 1405--MILITARY ORDER OF THE PURPLE HEART OF THE UNITED STATES OF
AMERICA, INCORPORATED
Sec.
140501. Organization.
140502. Principles and purposes.
140503. Membership.
140504. Governing body.
140505. Powers.
140506. Restrictions.
140507. Principal office.
140508. Records and inspection.
140509. Liability for acts of officers and agents.
140510. Service of process.
140511. Distribution of assets on dissolution or final liquidation.
Sec. 140501. Organization
(a) Federal Charter.--Military Order of the Purple Heart of the
United States of America, Incorporated (in this chapter, the
``corporation''), is a federally chartered corporation.
(b) Place of Incorporation and Domicile.--The corporation is
declared to be incorporated and domiciled in the District of Columbia.
(c) Perpetual Existence.--Except as otherwise provided, the
corporation has perpetual existence.
Sec. 140502. Principles and purposes
(a) Principles.--The principles underlying the corporation are
patriotic allegiance to the United States, fidelity to the Constitution
and laws of the United States, the security of civil liberty, and the
permanence of free institutions.
(b) Purposes.--The purposes of the corporation are educational,
fraternal, historical, and patriotic, perpetuating the principles of
liberty and justice which have created the United States, by--
[[Page 112 STAT. 1382]]
(1) commemorating all national patriotic holidays;
(2) maintaining true allegiance to the Government of the
United States and fidelity to its Constitution and laws;
(3) preserving and strengthening comradeship and patriotism
among its members;
(4) assisting, comforting, and aiding all needy and
distressed members and their dependents;
(5) giving needed hospital and service work through its
Department of Veterans Affairs certified service officers;
(6) cooperating with other civic and patriotic organizations
having worthy objectives;
(7) keeping alive the achievements and memory of our
country's founders;
(8) ever cherishing the memory of General George Washington,
who founded the Purple Heart at his headquarters at Newburgh-on-
the-Hudson on August 7, 1782;
(9) influencing and teaching our citizenry, in a loyal
appreciation of the heritages of American citizenship, with its
responsibilities and privileges; and
(10) preserving and defending the United States from all
enemies.
Sec. 140503. Membership
(a) Active Members.--An individual is eligible for active membership
in the corporation if the individual--
(1) is of good moral character; and
(2) has received the Purple Heart for wounds received as a
member, of any rank, of the Armed Forces of the United States or
any foreign country during military or naval combat against an
armed enemy of the United States.
(b) Associate Members.--The corporation may extend eligibility for
membership as associate members to parents and lineal descendants of an
individual described in subsection (a) of this section on terms provided
in its constitution and bylaws.
(c) Voting.--Each member described in subsection (a) of this section
has one vote on each matter submitted to a vote at a meeting of the
members.
Sec. 140504. Governing body
(a) Board of Directors.--(1) The board of directors is the governing
body of the corporation. Between meetings of the corporation, the board
is responsible for the general policies and program of the corporation.
The board is responsible for all funds of the corporation.
(2) The number of directors, their manner of selection (including
the filling of vacancies), and their term of office are as provided in
the constitution and bylaws of the corporation. However, the board shall
have at least 18 directors.
(b) Officers.--(1) The officers of the corporation are a commander,
a senior vice commander, a chaplain, an adjutant, a finance officer, a
judge advocate, an inspector, a surgeon, a historian, and other elected
officers as provided in the constitution and bylaws.
(2) The manner of election, term of office, and duties of the
officers are as provided in the constitution and bylaws.
Sec. 140505. Powers
The corporation may--
[[Page 112 STAT. 1383]]
(1) adopt and amend a constitution and bylaws for the
management of its property and the regulation of its affairs;
(2) adopt and alter a corporate seal;
(3) make contracts;
(4) acquire, own, lease, encumber, and transfer property as
necessary or convenient to carry out the purposes of the
corporation;
(5) borrow money, issue instruments of indebtedness, and
secure its obligations by granting security interests in its
property;
(6) charge and collect membership dues; and
(7) sue and be sued.
Sec. 140506. Restrictions
(a) Stock and Dividends.--The corporation may not issue stock or
declare or pay a dividend.
(b) Political Activities.--The corporation or a director or officer
as such may not contribute to, support, or assist a political party or
candidate for public office.
(c) Distribution of Income or Assets.--The income or assets of the
corporation may not inure to the benefit of, or be distributed to, a
director, officer, or member except on dissolution or final liquidation
of the corporation. This subsection does not prevent the payment of
compensation to an officer in an amount approved by the executive
committee of the corporation.
(d) Loans.--The corporation may not make a loan to a director,
officer, or employee. Directors who vote for or assent to making a loan
to a director, officer, or employee, and officers who participate in
making the loan, are jointly and severally liable to the corporation for
the amount of the loan until it is repaid.
Sec. 140507. Principal office
The principal office of the corporation shall be in the District of
Columbia or another place decided by the national executive board.
However, the activities of the corporation are not confined to the place
where the principal office is located but may be conducted throughout
the States, territories, and possessions of the United States.
Sec. 140508. Records and inspection
(a) Records.--The corporation shall keep--
(1) correct and complete records of account;
(2) minutes of the proceedings of its members, board of
directors, and committees having any of the authority of its
board of directors; and
(3) at its principal office, a record of the names and
addresses of its members entitled to vote.
(b) Inspection.--A member entitled to vote, or an agent or attorney
of the member, may inspect the records of the corporation for any proper
purpose, at any reasonable time.
Sec. 140509. Liability for acts of officers and agents
The corporation is liable for the acts of its officers and agents
acting within the scope of their authority.
[[Page 112 STAT. 1384]]
Sec. 140510. Service of process
The corporation shall have a designated agent in the District of
Columbia to receive service of process for the corporation. Notice to or
service on the agent, or mailed to the business address of the agent, is
notice to or service on the corporation.
Sec. 140511. Distribution of assets on dissolution or final liquidation
On dissolution or final liquidation of the corporation, any assets
remaining after the discharge of all liabilities shall be distributed as
provided by the board of directors, but in compliance with the
constitution and bylaws of the corporation.
CHAPTER 1407--MILITARY ORDER OF THE WORLD WARS
Sec.
140701. Definition.
140702. Organization.
140703. Purposes.
140704. Membership.
140705. Governing body.
140706. Powers.
140707. Restrictions.
140708. Duty to maintain tax-exempt status.
140709. Records and inspection.
140710. Service of process.
140711. Liability for acts of officers and agents.
140712. Annual report.
Sec. 140701. Definition
For purposes of this chapter, ``State'' includes the District of
Columbia and the territories and possessions of the United States.
Sec. 140702. Organization
(a) Federal Charter.--Military Order of the World Wars (in this
chapter, the ``corporation''), a nonprofit corporation incorporated in
the District of Columbia, is a federally chartered corporation.
(b) Expiration of Charter.--The charter granted by this chapter
expires if the corporation fails to comply with any provision of--
(1) its bylaws or articles of incorporation;
(2) this chapter; or
(3) the laws of the District of Columbia that apply to
corporations such as the corporation recognized under this
chapter.
Sec. 140703. Purposes
The purposes of the corporation are as provided in the articles of
incorporation and bylaws and include--
(1) promoting military service associations;
(2) promoting patriotic education and military, naval, and
air science;
(3) defending the honor and integrity of the United States
Government and the Constitution;
(4) fostering fraternal relations among all branches of the
Armed Forces;
(5) encouraging the adoption of a suitable policy of
national security; and
(6) encouraging the commemoration of military service and
the establishment of war memorials.
[[Page 112 STAT. 1385]]
Sec. 140704. Membership
(a) Eligibility.--Except as provided in this chapter, eligibility
for membership in the corporation and the rights and privileges of
members are as provided in the articles of incorporation and bylaws.
(b) Nondiscrimination.--The terms of membership may not discriminate
on the basis of race, color, religion, sex, disability, age, or national
origin.
Sec. 140705. Governing body
(a) Board of Directors.--The board of directors and the
responsibilities of the board are as provided in the articles of
incorporation.
(b) Officers.--The officers and the election of officers are as
provided in the articles of incorporation.
(c) Nondiscrimination.--The requirements for serving as a director
or officer may not discriminate on the basis of race, color, religion,
sex, disability, age, or national origin.
Sec. 140706. Powers
The corporation has only the powers provided in its bylaws and
articles of incorporation filed in the State in which it is
incorporated.
Sec. 140707. Restrictions
(a) Stock and Dividends.--The corporation may not issue stock or
declare or pay a dividend.
(b) Distribution of Income or Assets.--The income or assets of the
corporation may not inure to the benefit of, or be distributed to, a
director, officer, or member during the life of the charter granted by
this chapter. This subsection does not prevent the payment of reasonable
compensation to an officer or reimbursement for actual necessary
expenses in amounts approved by the board of directors.
(c) Loans.--The corporation may not make a loan to a director,
officer, or employee.
(d) Claim of Governmental Approval or Authorization.--The
corporation may not claim congressional approval or the authority of the
United States Government for any of its activities.
Sec. 140708. Duty to maintain tax-exempt status
The corporation shall maintain its status as an organization exempt
from taxation under the Internal Revenue Code of 1986 (26 U.S.C. 1 et
seq.).
Sec. 140709. Records and inspection
(a) Records.--The corporation shall keep--
(1) correct and complete records of account;
(2) minutes of the proceedings of its members, board of
directors, and committees having any of the authority of its
board of directors; and
(3) at its principal office, a record of the names and
addresses of its members entitled to vote.
(b) Inspection.--A member entitled to vote, or an agent or attorney
of the member, may inspect the records of the corporation for any proper
purpose, at any reasonable time.
[[Page 112 STAT. 1386]]
Sec. 140710. Service of process
The corporation shall comply with the law on service of process of
each State in which it is incorporated and each State in which it
carries on activities.
Sec. 140711. Liability for acts of officers and agents
The corporation is liable for the acts of its officers and agents
acting within the scope of their authority.
Sec. 140712. Annual report
The corporation shall submit an annual report to Congress on the
activities of the corporation during the prior fiscal year. The report
shall be submitted at the same time as the report of the audit required
by section 10101 of this title. The report may not be printed as a
public document.
CHAPTER 1501--NATIONAL ACADEMY OF PUBLIC ADMINISTRATION
Sec.
150101. Definition.
150102. Organization.
150103. Purposes.
150104. Services to United States Government.
150105. Membership.
150106. Governing body.
150107. Powers.
150108. Restrictions.
150109. Duty to maintain corporate and tax-exempt status.
150110. Records and inspection.
150111. Service of process.
150112. Liability for acts of officers and agents.
150113. Annual report.
Sec. 150101. Definition
For purposes of this chapter, ``State'' includes the District of
Columbia and the territories and possessions of the United States.
Sec. 150102. Organization
(a) Federal Charter.--National Academy of Public Administration (in
this chapter, the ``corporation''), incorporated in the District of
Columbia, is a federally chartered corporation.
(b) Expiration of Charter.--If the corporation does not comply with
any provision of this chapter, the charter granted by this chapter
expires.
Sec. 150103. Purposes
The purposes of the corporation are as provided in the articles of
incorporation and include--
(1) evaluating the structure, administration, operation, and
program performance of Federal and other governments and
government agencies, anticipating, identifying, and analyzing
significant problems, and suggesting timely corrective action;
(2) foreseeing and examining critical emerging issues in
governance, and formulating practical approaches to their
resolution;
(3) assessing the effectiveness, structure, administration,
and implications for governance of present or proposed public
programs, policies, and processes, and recommending specific
changes;
[[Page 112 STAT. 1387]]
(4) advising on the relationship of Federal, State,
regional, and local governments, and increasing public
officials', citizens', and scholars' understanding of
requirements and opportunities for sound governance and how
these can be effectively met; and
(5) demonstrating by the conduct of its affairs a commitment
to the highest professional standards of ethics and scholarship.
Sec. 150104. Services to United States Government
On request of the United States Government, the corporation shall
investigate, examine, experiment, and report on any subject of
government. The actual expense of the investigation, examination,
experimentation, and report shall be paid by the Government from
appropriations available for that purpose.
Sec. 150105. Membership
Eligibility for membership in the corporation and the rights and
privileges of members are as provided in the bylaws.
Sec. 150106. Governing body
(a) Board of Directors.--The board of directors and the
responsibilities of the board are as provided in the articles of
incorporation.
(b) Officers.--The officers and the election of officers are as
provided in the articles of incorporation.
Sec. 150107. Powers
The corporation has only the powers provided in its bylaws and
articles of incorporation filed in each State in which it is
incorporated.
Sec. 150108. Restrictions
(a) Stock and Dividends.--The corporation may not issue stock or
declare or pay a dividend.
(b) Political Activities.--The corporation or a director or officer
as such may not contribute to, support, or participate in any political
activity or in any manner attempt to influence legislation.
(c) Distribution of Income or Assets.--The income or assets of the
corporation may not inure to the benefit of, or be distributed to, a
director, officer, or member during the life of the charter granted by
this chapter. This subsection does not prevent the payment of reasonable
compensation to an officer or member in an amount approved by the board
of directors.
(d) Loans.--The corporation may not make a loan to a director,
officer, or employee.
(e) Claim of Governmental Approval or Authorization.--Except by
agreement, the corporation may not claim congressional approval or the
authority of the United States Government for any of its activities.
Sec. 150109. Duty to maintain corporate and tax-exempt status
(a) Corporate Status.--The corporation shall maintain its status as
a corporation incorporated under the laws of the District of Columbia.
[[Page 112 STAT. 1388]]
(b) Tax-Exempt Status.--The corporation shall maintain its status as
an organization exempt from taxation under the Internal Revenue Code of
1986 (26 U.S.C. 1 et seq.).
Sec. 150110. Records and inspection
(a) Records.--The corporation shall keep--
(1) correct and complete records of account;
(2) minutes of the proceedings of its members, board of
directors, and committees having any of the authority of its
board of directors; and
(3) at its principal office, a record of the names and
addresses of its members entitled to vote.
(b) Inspection.--A member entitled to vote, or an agent or attorney
of the member, may inspect the records of the corporation for any proper
purpose, at any reasonable time.
Sec. 150111. Service of process
The corporation shall comply with the law on service of process of
each State in which it is incorporated and each State in which it
carries on activities.
Sec. 150112. Liability for acts of officers and agents
The corporation is liable for the acts of its officers and agents
acting within the scope of their authority.
Sec. 150113. Annual report
The corporation shall submit an annual report to Congress on the
activities of the corporation during the prior fiscal year. The report
shall be submitted at the same time as the report of the audit required
by section 10101 of this title. The report may not be printed as a
public document.
CHAPTER 1503--NATIONAL ACADEMY OF SCIENCES
Sec.
150301. Federal charter.
150302. Powers.
150303. Services to United States Government.
150304. Annual meeting.
Sec. 150301. Federal charter
National Academy of Sciences (in this chapter, the ``corporation'')
is a federally chartered corporation.
Sec. 150302. Powers
(a) General.--The corporation may--
(1) make its own organization, including adopting a
constitution, bylaws, and regulations;
(2) provide for the election of domestic and foreign
members, their division into classes, and other matters needful
or usual in such an institution;
(3) fill vacancies; and
(4) report its actions under this subsection to Congress.
(b) Property.--(1) The corporation may--
(A) receive property by devise, bequest, donation, or
otherwise;
(B) hold the property absolutely or in trust;
(C) manage and invest the property as provided in the
constitution of the corporation; and
[[Page 112 STAT. 1389]]
(D) use the property and income from the property to carry
out the purposes of the corporation, subject to instructions of
donors.
(2) Congress at any time may limit the amount of real estate the
corporation may acquire and the amount of time it may be held.
Sec. 150303. Services to United States Government
On request of the United States Government, the corporation shall
investigate, examine, experiment, and report on any subject of science
or art. The corporation may not receive compensation for services to the
Government, but the actual expense of the investigation, examination,
experimentation, and report shall be paid by the Government from an
appropriation for that purpose.
Sec. 150304. Annual meeting
The corporation shall hold an annual meeting at a place designated
by the corporation.
CHAPTER 1505--NATIONAL CONFERENCE OF STATE SOCIETIES, WASHINGTON,
DISTRICT OF COLUMBIA
Sec.
150501. Definition.
150502. Organization.
150503. Purposes.
150504. Membership.
150505. Governing body.
150506. Powers.
150507. Exclusive right to name, seals, emblems, and badges.
150508. Restrictions.
150509. Headquarters and principal office.
150510. Records and inspection.
150511. Service of process.
150512. Liability for acts of officers and agents.
150513. Distribution of assets on dissolution or final liquidation.
Sec. 150501. Definition
For purposes of this chapter, ``State'' includes the District of
Columbia.
Sec. 150502. Organization
(a) Federal Charter.--National Conference of State Societies,
Washington, District of Columbia (in this chapter, the ``corporation''),
is a federally chartered corporation.
(b) Perpetual Existence.--Except as otherwise provided, the
corporation has perpetual existence.
Sec. 150503. Purposes
The purposes of the corporation are--
(1) to promote friendly and cooperative relations between
the State and territorial societies in the District of Columbia;
(2) to foster, participate in, and encourage educational,
cultural, charitable, civic, and patriotic programs and
activities in the District of Columbia and surrounding
communities; and
(3) to act as contact agent with States for carrying out
State and national programs.
Sec. 150504. Membership
The membership of the corporation consists of the members of the
State and territorial societies in the District of Columbia.
[[Page 112 STAT. 1390]]
Except as provided in this chapter, eligibility for membership in the
corporation and the rights and privileges of members are as provided in
the bylaws and regulations of the corporation.
Sec. 150505. Governing body
(a) Board of Representatives.--(1) The board of representatives is
the governing body of the corporation. The board shall exercise the
powers granted to the corporation.
(2) The board consists of one representative from each State society
and territorial society in the District of Columbia. Each member of the
board has one vote.
(b) Officers.--(1) The officers of the corporation are a president,
a first vice president, a second vice president, a secretary, an
assistant secretary, a treasurer, an assistant treasurer, a historian,
and other officers designated by the board.
(2) The officers shall be elected by the board at an annual meeting
and serve for a term of 1 year.
Sec. 150506. Powers
The corporation has the powers provided in its bylaws and articles
of incorporation filed in the State in which it is incorporated,
including the power to--
(1) adopt bylaws and regulations for the management of its
property and the regulation of its affairs;
(2) adopt and alter a corporate seal;
(3) adopt emblems and badges;
(4) choose officers, managers, and agents as the activities
of the corporation require;
(5) make contracts;
(6) acquire, own, lease, encumber, and transfer property as
necessary to carry out the purposes of the corporation;
(7) borrow money, issue instruments of indebtedness, and
secure its obligations by granting security interests in its
property;
(8) publish a magazine, newspaper, and other publications
consistent with the purposes of the corporation;
(9) sue and be sued; and
(10) do any other act necessary and proper to carry out the
purposes of the corporation.
Sec. 150507. Exclusive right to name, seals, emblems, and badges
The corporation has the exclusive right to use the name ``National
Conference of State Societies, Washington, District of Columbia'' and
seals, emblems, and badges the corporation adopts.
Sec. 150508. Restrictions
(a) Stock and Dividends.--The corporation may not issue stock or
declare or pay a dividend.
(b) Political Activities.--The corporation or an officer or member
as such may not contribute to, support, or assist a political party or
candidate for elective public office. The corporation may not carry on
propaganda.
(c) Distribution of Income or Assets.--The income or assets of the
corporation may not inure to the benefit of, or be distributed to, an
officer or member except on dissolution or final liquidation of the
corporation.
[[Page 112 STAT. 1391]]
(d) Loans.--The corporation may not make a loan or advance to an
officer or member of the board of representatives. Officers and members
of the board who vote for or assent to making a loan or advance to an
officer or member of the board, and officers or members of the board who
participate in making the loan or advance, are jointly and severally
liable to the corporation for the amount of the loan or advance until it
is repaid.
Sec. 150509. Headquarters and principal office
The headquarters and principal office of the corporation shall be in
the District of Columbia. However, the activities of the corporation are
not confined to the District of Columbia but may be conducted throughout
the States, territories, and possessions of the United States.
Sec. 150510. Records and inspection
(a) Records.--The corporation shall keep--
(1) correct and complete records of account;
(2) minutes of the proceedings of its members, board of
representatives, and committees having any of the authority of
its board of representatives; and
(3) at its principal office, a record of the names and
addresses of its members entitled to vote.
(b) Inspection.--A member entitled to vote, or an agent or attorney
of the member, may inspect the records of the corporation for any proper
purpose, at any reasonable time.
Sec. 150511. Service of process
(a) District of Columbia.--The corporation shall have a designated
agent in the District of Columbia to receive service of process for the
corporation. Designation of the agent shall be filed in the office of
the clerk of the United States District Court for the District of
Columbia. Notice to or service on the agent, or mailed to the address of
the agent, is notice to or service on the corporation.
(b) States.--As a condition to the exercise in any State of any
power or privilege granted by this chapter, the corporation shall file,
with secretary of state or other designated official of that State, the
name and address of an agent in that State on whom legal process or
demands against the corporation may be served.
Sec. 150512. Liability for acts of officers and agents
The corporation is liable for the acts of its officers and agents
acting within the scope of their authority.
Sec. 150513. Distribution of assets on dissolution or final
liquidation
On dissolution or final liquidation of the corporation, any assets
remaining after the discharge of all liabilities shall be divided
equally among the State and territorial societies in the District of
Columbia.
CHAPTER 1507--NATIONAL CONFERENCE ON CITIZENSHIP
Sec.
150701. Organization.
[[Page 112 STAT. 1392]]
150702. Purposes.
150703. Membership.
150704. National officers.
150705. Board of directors.
150706. Powers.
150707. Exclusive right to name, seals, emblems, and badges.
150708. Restrictions.
150709. Headquarters and principal office.
150710. Records and inspection.
150711. Service of process.
150712. Liability for acts of officers and agents.
150713. Distribution of assets on dissolution or final liquidation.
Sec. 150701. Organization
(a) Federal Charter.--National Conference on Citizenship (in this
chapter, the ``corporation'') is a federally chartered corporation.
(b) Perpetual Existence.--Except as otherwise provided, the
corporation has perpetual existence.
Sec. 150702. Purposes
The purposes of the corporation are--
(1) to hold an annual national conference on citizenship on
or about ``Citizenship Day'', September 17;
(2) to assist in the development of more dynamic procedures
for making citizenship more effective, including the promotion
and encouragement of local, State, and regional citizenship
conferences; and
(3) to indicate the ways and means by which various
organizations may contribute concretely to the development of a
more active, alert, enlightened, conscientious, and progressive
citizenry in our country.
Sec. 150703. Membership
(a) Eligibility.--Membership in the corporation is confined to
agencies and organizations. Except as provided in this chapter, the
rights and privileges of members are as provided in the bylaws.
(b) Voting.--Each agency or organization sending delegates to, and
participating in, the annual national conference on citizenship has one
vote in the conduct of the business of the conference.
Sec. 150704. National officers
(a) National Officers.--The national officers of the corporation are
a president, a first vice president, a second vice president, a third
vice president, a secretary, and a treasurer. The president is chairman
of the board of directors and of the executive committee described in
section 150705(d) of this title.
(b) Election.--The national officers are elected biennially from
among the officers and members of the member agencies and organizations
participating in the annual national conference on citizenship, by a
majority vote of the agencies and organizations sending delegates to,
and participating in, the conference.
Sec. 150705. Board of directors
(a) General.--The board of directors is the governing body of the
corporation. The board shall exercise the powers granted to the
corporation.
(b) Number and Election.--The number of directors and their term of
office are as provided in the bylaws, except that the board shall have
at least 10 members (including ex officio members). The directors are
elected from among the officers and members
[[Page 112 STAT. 1393]]
of the member agencies and organizations participating in the annual
national conference on citizenship, by a majority vote of the agencies
and organizations sending delegates to, and participating in, the
conference.
(c) Meetings.--The board shall hold an annual meeting at a time and
place as may be provided in the bylaws. The annual report of the board
shall be presented at the annual meeting. Special meetings of the board
may be called as provided in the bylaws.
(d) Executive Committee.--The board shall designate 3 of its own
members, who together with the president and the 3 vice presidents
constitute the executive committee. When the board is not in session,
the executive committee has the powers of the board subject to the
board's direction and may authorize the seal of the corporation to be
affixed to all papers that require it.
(e) Executive Director and Professional Staff.--The executive
committee shall select an executive director for the corporation, who
shall have the qualifications and terms of employment decided by the
committee. The executive director shall nominate other professional
staff members, who must be approved by the executive committee.
Sec. 150706. Powers
The corporation may--
(1) adopt and amend bylaws and regulations for the
management of its property and the regulation of its affairs,
including the establishment and maintenance of local and State
conferences on citizenship;
(2) adopt and alter a corporate seal;
(3) adopt emblems and badges;
(4) choose officers, managers, employees, and agents as the
activities of the corporation require;
(5) make contracts;
(6) acquire, own, lease, encumber, and transfer property as
necessary to carry out the purposes of the corporation;
(7) borrow money, issue instruments of indebtedness, and
secure its obligations by granting security interests in its
property;
(8) use corporate funds to give prizes or awards to citizens
for outstanding contributions toward the achievement of the
purposes of the corporation;
(9) publish a magazine and other publications consistent
with the purposes of the corporation;
(10) sue and be sued; and
(11) do any other act necessary and proper to carry out the
purposes of the corporation.
Sec. 150707. Exclusive right to name, seals, emblems, and badges
The corporation has the exclusive right to use the name ``National
Conference on Citizenship'' and seals, emblems, and badges the
corporation adopts.
Sec. 150708. Restrictions
(a) Stock and Dividends.--The corporation may not issue stock or
declare or pay a dividend.
[[Page 112 STAT. 1394]]
(b) Political Activities.--The corporation or a director, officer,
or member as such may not contribute to, support, or assist a political
party or candidate for elective public office, or advocate, sponsor, or
promote legislation in the Congress of the United States or in the
legislature of a State.
(c) Distribution of Income or Assets.--The income or assets of the
corporation may not inure to the benefit of, or be distributed to, a
director, officer, or member except on dissolution or final liquidation
of the corporation. This subsection does not prevent the executive
committee from adopting terms of employment of the executive director as
provided in section 150705(e) of this title.
(d) Loans.--The corporation may not make a loan to a director,
officer, or employee. Directors who vote for or assent to making a loan
to a director, officer, or employee, and officers who participate in
making the loan, are jointly and severally liable to the corporation for
the amount of the loan until it is repaid.
Sec. 150709. Headquarters and principal office
The headquarters and principal office of the corporation shall be in
the District of Columbia, Maryland, or Virginia. However, the activities
of the corporation are not confined to the District of Columbia,
Maryland, and Virginia but may be conducted throughout the States,
territories, and possessions of the United States.
Sec. 150710. Records and inspection
(a) Records.--The corporation shall keep--
(1) correct and complete records of account;
(2) minutes of the proceedings of its annual national
conference, board of directors, and committees having any of the
authority of its board of directors; and
(3) at its principal office, a record of the names and
addresses of its members entitled to vote.
(b) Inspection.--A member entitled to vote, or an agent or attorney
of the member, may inspect the records of the corporation for any proper
purpose, at any reasonable time.
Sec. 150711. Service of process
The corporation shall have a designated agent in the District of
Columbia to receive service of process for the corporation. Designation
of the agent shall be filed in the office of the clerk of the United
States District Court for the District of Columbia. Notice to or service
on the agent, or mailed to the business address of the agent, is notice
to or service on the corporation.
Sec. 150712. Liability for acts of officers and agents
The corporation is liable for the acts of its officers and agents
acting within the scope of their authority.
Sec. 150713. Distribution of assets on dissolution or final liquidation
On dissolution or final liquidation of the corporation, any assets
remaining after the discharge of all liabilities shall be transferred by
the board of directors to a recognized agency or agencies engaged in the
furtherance and advancement of citizenship.
[[Page 112 STAT. 1395]]
CHAPTER 1509--NATIONAL COUNCIL ON RADIATION PROTECTION AND MEASUREMENTS
Sec.
150901. Organization.
150902. Purposes.
150903. Membership.
150904. Governing body.
150905. Powers.
150906. Restrictions.
150907. Principal office.
150908. Records and inspection.
150909. Statement required in audit report.
150910. Service of process.
150911. Liability for acts of officers and agents.
150912. Distribution of assets on dissolution or final liquidation.
Sec. 150901. Organization
(a) Federal Charter.--National Council on Radiation Protection and
Measurements (in this chapter, the ``corporation'') is a federally
chartered corporation.
(b) Perpetual Existence.--Except as otherwise provided, the
corporation has perpetual existence.
Sec. 150902. Purposes
The purposes of the corporation are--
(1) to collect, analyze, develop, and disseminate in the
public interest information and recommendations about--
(A) protection against radiation; and
(B) radiation measurements, quantities, and units,
particularly those concerned with protection against
radiation;
(2) to provide a means by which organizations concerned with
the scientific and related aspects of protection against
radiation and of radiation quantities, units, and measurements
may cooperate for effective use of their combined resources, and
to stimulate the work of those organizations;
(3) to develop basic concepts about--
(A) radiation quantities, units, and measurements;
(B) the application of those concepts; and
(C) protection against radiation; and
(4) to cooperate with the International Commission on
Radiological Protection, the Federal Radiation Council, the
International Commission on Radiological Units and Measurements,
and other national and international organizations, governmental
and private, concerned with radiation quantities, units, and
measurements and with protection against radiation.
Sec. 150903. Membership
(a) Eligibility.--Except as provided in this chapter, eligibility
for membership in the corporation and the rights and privileges of
members are as provided in the bylaws.
(b) Voting.--Each member (except an honorary or associate member)
has one vote on each matter submitted to a vote at a meeting of the
members.
Sec. 150904. Governing body
(a) Board of Directors.--(1) The board of directors is the governing
body of the corporation. Between meetings of the corporation, the board
is responsible for the general policies and program
[[Page 112 STAT. 1396]]
of the corporation. The board is responsible for the control of all
funds of the corporation.
(2) The selection of directors and their term of office are as
provided in the bylaws.
(b) Officers.--(1) The officers of the corporation are a president,
one or more vice presidents, a secretary, a treasurer, and other
officers as provided in the bylaws. Their duties are as provided in the
bylaws.
(2) The officers shall be elected at the annual meeting of the
corporation.
Sec. 150905. Powers
The corporation may--
(1) adopt and amend bylaws for the management of its
property and the regulation of its affairs;
(2) adopt and alter a corporate seal;
(3) choose directors, officers, trustees, managers,
employees, and agents as the activities of the corporation
require;
(4) make contracts;
(5) acquire, own, lease, encumber, and transfer property as
necessary to carry out the purposes of the corporation;
(6) borrow money, issue instruments of indebtedness, and
secure its obligations by granting security interests in its
property;
(7) sue and be sued; and
(8) do any other act necessary and proper to carry out the
purposes of the corporation.
Sec. 150906. Restrictions
(a) Stock and Dividends.--The corporation may not issue stock or
declare or pay a dividend.
(b) Political Activities.--The corporation or a director, officer,
or agent as such may not contribute to, support, or assist a political
party or candidate for office.
(c) Distribution of Income or Assets.--The income or assets of the
corporation may not inure to the benefit of, or be distributed to, a
director, officer, or member during the life of the corporation or on
its dissolution or final liquidation. This subsection does not prevent
the payment of reasonable compensation to an officer in an amount
approved by the board of directors.
(d) Loans.--The corporation may not make a loan to a director,
officer, or employee. Directors who vote for or assent to making a loan
to a director, officer, or employee, and officers who participate in
making the loan, are jointly and severally liable to the corporation for
the amount of the loan until it is repaid.
Sec. 150907. Principal office
The principal office of the corporation shall be in the District of
Columbia or another place decided by the board of directors. However,
the activities of the corporation may be conducted throughout the world.
Sec. 150908. Records and inspection
(a) Records.--The corporation shall keep--
(1) correct and complete records of account;
[[Page 112 STAT. 1397]]
(2) minutes of the proceedings of its members, board of
directors, and committees having any of the authority of its
board of directors; and
(3) at its principal office, a record of the names and
addresses of its members entitled to vote.
(b) Inspection.--A member entitled to vote, or an agent or attorney
of the member, may inspect the records of the corporation for any proper
purpose, at any reasonable time.
Sec. 150909. Statement required in audit report
The corporation shall include in the audit report statement required
under section 10101(b)(1)(B) of this title a schedule of all contracts
requiring payments greater than $10,000 and all payments of compensation
or fees at a rate greater than $10,000 a year.
Sec. 150910. Service of process
The corporation shall have a designated agent in the District of
Columbia to receive service of process for the corporation. Notice to or
service on the agent, or mailed to the business address of the agent, is
notice to or service on the corporation.
Sec. 150911. Liability for acts of officers and agents
The corporation is liable for the acts of its officers and agents
acting within the scope of their authority.
Sec. 150912. Distribution of assets on dissolution or final liquidation
On dissolution or final liquidation of the corporation, any assets
remaining after the discharge of all liabilities shall be distributed as
provided by the board of directors, but consistent with the purposes of
the corporation and in compliance with the bylaws.
CHAPTER 1511--NATIONAL EDUCATION ASSOCIATION OF THE UNITED STATES
Sec.
151101. Organization.
151102. Purposes.
151103. Membership.
151104. Governing body.
151105. Powers.
151106. Tax exemption.
151107. Principal office.
151108. Nonapplication of audit requirements.
Sec. 151101. Organization
(a) Federal Charter.--National Education Association of the United
States (in this chapter, the ``corporation'') is a federally chartered
corporation.
(b) Place of Incorporation.--The corporation is declared to be
incorporated in the District of Columbia.
(c) Perpetual Existence.--Except as otherwise provided, the
corporation has perpetual existence.
Sec. 151102. Purposes
The purposes of the corporation are--
(1) to elevate the character and advance the interests of
the profession of teaching; and
[[Page 112 STAT. 1398]]
(2) to promote the cause of education in the United States.
Sec. 151103. Membership
Eligibility for membership in the corporation and the rights,
obligations, and designation of classes of members are as provided in
the bylaws.
Sec. 151104. Governing body
(a) Officers.--The officers of the corporation are a president, one
or more vice presidents, a secretary, a treasurer, and the members of a
board of directors, an executive committee, and any other boards,
councils, and committees, and other officers, as provided in the bylaws.
(b) Additional Provisions.--Except as provided in this chapter, the
manner of selection, term of office, powers, and duties of the officers,
boards, councils, and committees are as provided in the bylaws. The
bylaws may provide other and different provisions as to the names and
numbers of the officers, boards, councils, and committees.
Sec. 151105. Powers
The corporation may--
(1) adopt and amend bylaws;
(2) adopt and alter a corporate seal;
(3) acquire, own, lease, encumber, and transfer property to
carry out the purposes of the corporation;
(4) accept and administer a trust for educational purposes;
(5) borrow money, issue instruments of indebtedness, and
secure its obligations by granting security interests in its
property; and
(6) sue and be sued in any court of the United States, or
other court of competent jurisdiction.
Sec. 151106. Tax exemption
(a) Real Property.--Real property of the corporation is exempt from
taxation if it is--
(1) located in the District of Columbia;
(2) used for the purposes provided in section 151102 of this
title; and
(3) not used to produce income.
(b) Personal Property.--Personal property of the corporation is
exempt from taxation if it is used for the purposes provided in section
151102 of this title or to produce income to be used for those purposes.
(c) Annual Report.--The corporation shall submit annually to the
Secretary of Education a written report stating in detail for the prior
year--
(1) the real and personal property held by the corporation;
(2) the income from the property; and
(3) the expenditure or other use or disposition of the
property and income from the property.
Sec. 151107. Principal office
The principal office of the corporation shall be in the District of
Columbia. However, the activities of the corporation may be conducted,
and offices may be maintained, throughout the United States in
accordance with the bylaws.
[[Page 112 STAT. 1399]]
Sec. 151108. Nonapplication of audit requirements
The audit requirements of section 10101 of this title do not apply
to the corporation.
CHAPTER 1513--NATIONAL FALLEN FIREFIGHTERS FOUNDATION
Sec.
151301. Organization.
151302. Purposes.
151303. Board of directors.
151304. Officers and employees.
151305. Powers.
151306. Principal office.
151307. Provision and acceptance of support by Administrator.
151308. Service of process.
151309. Civil action by Attorney General for equitable relief.
151310. Immunity of United States Government.
151311. Annual report.
Sec. 151301. Organization
(a) Federal Charter.--National Fallen Firefighters Foundation (in
this chapter, the ``corporation'') is a federally chartered corporation.
(b) Nature of Corporation and Place of Incorporation.--The
corporation is a charitable and nonprofit corporation incorporated under
the laws of Maryland and is not an agency or establishment of the United
States Government.
(c) Perpetual Existence.--Except as otherwise provided, the
corporation has perpetual existence.
Sec. 151302. Purposes
The purposes of the corporation are--
(1) primarily to encourage, accept, and administer private
gifts of property for the benefit of the National Fallen
Firefighters' Memorial and the annual memorial service
associated with it;
(2) to provide financial assistance to families of fallen
firefighters for transportation to and lodging at non-Federal
facilities during the annual memorial service;
(3) to assist State and local efforts to recognize
firefighters who die in the line of duty; and
(4) to provide scholarships and other financial assistance
for educational purposes and job training for the spouses and
children of fallen firefighters.
Sec. 151303. Board of directors
(a) General.--The board of directors is the governing body of the
corporation.
(b) Members and Appointment.--(1) The Administrator of the United
States Fire Administration of the Federal Emergency Management Agency is
an ex officio nonvoting member of the board. The Administrator appoints
the voting members of the board.
(2) The board consists of the following 9 voting members:
(A) one active volunteer firefighter;
(B) one active career firefighter;
(C) one United States Government firefighter; and
(D) six individuals who have a demonstrated interest in the
fire service.
[[Page 112 STAT. 1400]]
(3) The terms of office of the voting members are 6 years (except
for the initial members). The terms shall be staggered so that the terms
of 3 members expire every 2 years.
(4) A vacancy on the board shall be filled within 60 days in the
manner in which the original appointment was made.
(c) Chairman.--The Chairman shall be elected by the board from its
voting members for a 2-year term.
(d) Quorum.--A majority of the current membership of the board is a
quorum.
(e) Meetings.--The board shall meet at the call of the chairman at
least once a year. If a member of the board misses 3 consecutive
meetings, that member may be removed from the board and that vacancy may
be filled as provided in subsection (b)(4) of this section.
(f ) Status and Compensation.--Members of the board--
(1) are not officers or employees of the United States
Government; and
(2) serve without compensation.
(g) Liability of Directors.--Members of the board are not personally
liable, except for gross negligence.
Sec. 151304. Officers and employees
(a) Appointment.--The board of directors may appoint not more than 2
officers or employees, but only after the corporation has sufficient
funds to pay for their services.
(b) Status and Compensation.--Officers and employees of the
corporation--
(1) are not employees of the United States Government;
(2) shall be appointed without regard to the provisions of
title 5 governing appointments in the competitive service; and
(3) may be paid without regard to chapter 51 and subchapter
III of chapter 53 of title 5, except that an officer or employee
may not be paid more than the annual rate of basic pay for level
GS-15 of the General Schedule under section 5107 of title 5.
Sec. 151305. Powers
(a) General.--The corporation may--
(1) adopt a constitution and bylaws;
(2) adopt a seal which shall be judicially noticed; and
(3) do any other act necessary to carry out this chapter.
(b) Powers as Trustee.--To carry out its purposes, the corporation
has the usual powers of a corporation acting as a trustee in the State
of Maryland, including the power--
(1) to accept, receive, solicit, hold, administer, and use
any gift, devise, or bequest, either absolutely or in trust, of
property or any income from or other interest in the property;
(2) unless otherwise required by the instrument of transfer,
to sell, donate, lease, invest, or otherwise dispose of any
property or income from the property;
(3) to make contracts and other arrangements with public
agencies and private organizations and persons and to make
payments necessary to carry out its functions;
(4) to sue and be sued; and
(5) to do any other act necessary and proper to carry out
the purposes of the corporation.
[[Page 112 STAT. 1401]]
Sec. 151306. Principal office
The principal office of the corporation shall be in Maryland.
However, the corporation may conduct business throughout the States,
territories, and possessions of the United States.
Sec. 151307. Provision and acceptance of support by Administrator
(a) Provision by Administrator.--(1) The Administrator of the United
States Fire Administration of the Federal Emergency Management Agency--
(A) may provide personnel, facilities, and other
administrative services to the corporation; and
(B) shall require and accept reimbursements for these
personnel, facilities, and services.
(2) Reimbursements under paragraph (1) of this subsection shall be
deposited in the Treasury to the credit of the appropriations then
current and chargeable for the cost of providing the services.
(3) Notwithstanding any other law, United States Government
personnel and stationery may not be used to solicit funding for the
corporation.
(b) Acceptance by Administrator.--The Administrator may accept,
without regard to chapters 33 and 51 and subchapter III of chapter 53 of
title 5 and related regulations, the services of the corporation and its
directors, officers, and employees as volunteers in performing functions
authorized under this chapter, without compensation from the
Administration.
Sec. 151308. Service of process
The corporation shall have a designated agent to receive service of
process for the corporation.
Sec. 151309. Civil action by Attorney General for equitable relief
The Attorney General may bring a civil action in the United States
District Court for the District of Columbia for appropriate equitable
relief if the corporation--
(1) engages or threatens to engage in any act, practice, or
policy that is inconsistent with the purposes in section 151302
of this title; or
(2) refuses, fails, or neglects to carry out its obligations
under this chapter or threatens to do so.
Sec. 151310. Immunity of United States Government
The United States Government is not liable for any debts, defaults,
acts, or omissions of the corporation. The full faith and credit of the
Government does not extend to any obligation of the corporation.
Sec. 151311. Annual report
Not later than 4 months after the end of each fiscal year, the
corporation shall submit a report to the appropriate committees of
Congress on the activities of the corporation during the prior fiscal
year, including a complete statement of its receipts, expenditures, and
investments.
[[Page 112 STAT. 1402]]
CHAPTER 1515--NATIONAL FEDERATION OF MUSIC CLUBS
Sec.
151501. Definition.
151502. Organization.
151503. Purposes.
151504. Membership.
151505. Governing body.
151506. Powers.
151507. Restrictions.
151508. Duty to maintain corporate and tax-exempt status.
151509. Records and inspection.
151510. Service of process.
151511. Liability for acts of officers and agents.
151512. Annual report.
Sec. 151501. Definition
For purposes of this chapter, ``State'' includes the District of
Columbia and the territories and possessions of the United States.
Sec. 151502. Organization
(a) Federal Charter.--National Federation of Music Clubs (in this
chapter, the ``corporation''), incorporated in Illinois, is a federally
chartered corporation.
(b) Expiration of Charter.--If the corporation does not comply with
any provision of this chapter, the charter granted by this chapter
expires.
Sec. 151503. Purposes
(a) Specific Purposes.--The purposes of the corporation are as
provided in the articles of incorporation and include--
(1) bringing into working relations with one another, music
clubs and other musical organizations and individuals associated
with musical activity for the purpose of developing and
maintaining high musical standards;
(2) aiding and encouraging musical education; and
(3) promoting American music and American artists throughout
the United States and the world.
(b) Patriotic, Civic, and Historical Organization.--The corporation
shall function as a patriotic, civic, and historical organization as
authorized by the laws of each State in which it is incorporated.
Sec. 151504. Membership
Eligibility for membership in the corporation and the rights and
privileges of members are as provided in the bylaws.
Sec. 151505. Governing body
(a) Board of Directors.--The board of directors and the
responsibilities of the board are as provided in the articles of
incorporation.
(b) Officers.--The officers and the election of the officers are as
provided in the articles of incorporation.
Sec. 151506. Powers
The corporation has only the powers provided in its bylaws and
articles of incorporation filed in each State in which it is
incorporated.
[[Page 112 STAT. 1403]]
Sec. 151507. Restrictions
(a) Stock and Dividends.--The corporation may not issue stock or
declare or pay a dividend.
(b) Political Activities.--The corporation or a director or officer
as such may not contribute to, support, or participate in any political
activity or in any manner attempt to influence legislation.
(c) Distribution of Income or Assets.--The income or assets of the
corporation may not inure to the benefit of, or be distributed to, a
director, officer, or member during the life of the charter granted by
this chapter. This subsection does not prevent the payment of reasonable
compensation to an officer or reimbursement for actual necessary
expenses in amounts approved by the board of directors.
(d) Loans.--The corporation may not make a loan to a director,
officer, or employee.
(e) Claim of Governmental Approval or Authorization.--The
corporation may not claim congressional approval or the authority of the
United States Government for any of its activities.
Sec. 151508. Duty to maintain corporate and tax-exempt status
(a) Corporate Status.--The corporation shall maintain its status as
a corporation incorporated under the laws of Illinois.
(b) Tax-Exempt Status.--The corporation shall maintain its status as
an organization exempt from taxation under the Internal Revenue Code of
1986 (26 U.S.C. 1 et seq.).
Sec. 151509. Records and inspection
(a) Records.--The corporation shall keep--
(1) correct and complete records of account;
(2) minutes of the proceedings of its members, board of
directors, and committees having any of the authority of its
board of directors; and
(3) at its principal office, a record of the names and
addresses of its members entitled to vote.
(b) Inspection.--A member entitled to vote, or an agent or attorney
of the member, may inspect the records of the corporation for any proper
purpose, at any reasonable time.
Sec. 151510. Service of process
The corporation shall comply with the law on service of process of
each State in which it is incorporated and each State in which it
carries on activities.
Sec. 151511. Liability for acts of officers and agents
The corporation is liable for the acts of its officers and agents
acting within the scope of their authority.
Sec. 151512. Annual report
The corporation shall submit an annual report to Congress on the
activities of the corporation during the prior fiscal year. The report
shall be submitted at the same time as the report of the audit required
by section 10101 of this title. The report may not be printed as a
public document.
[[Page 112 STAT. 1404]]
CHAPTER 1517--NATIONAL FILM PRESERVATION FOUNDATION
Sec.
151701. Organization.
151702. Purposes.
151703. Board of directors.
151704. Officers and employees.
151705. Powers.
151706. Principal office.
151707. Provision and acceptance of support by Librarian of Congress.
151708. Service of process.
151709. Civil action by Attorney General for equitable relief.
151710. Immunity of United States Government.
151711. Authorization of appropriations.
151712. Annual report.
Sec. 151701. Organization
(a) Federal Charter.--National Film Preservation Foundation (in this
chapter, the ``corporation'') is a federally chartered corporation.
(b) Nature of Corporation.--The corporation is a charitable and
nonprofit corporation and is not an agency or establishment of the
United States Government.
(c) Perpetual Existence.--Except as otherwise provided, the
corporation has perpetual existence.
Sec. 151702. Purposes
The purposes of the corporation are to--
(1) encourage, accept, and administer private gifts to
promote and ensure the preservation and public accessibility of
the nation's film heritage held at the Library of Congress and
other public and nonprofit archives throughout the United
States;
(2) further the goals of the Library of Congress and the
National Film Preservation Board in connection with their
activities under the National Film Preservation Act of 1996 (2
U.S.C. 179l-179w); and
(3) conduct activities, alone or in cooperation with other
film related institutions and organizations, to further the
preservation and public accessibility of films made in the
United States, particularly films not protected by private
interests, for the benefit of present and future generations of
Americans.
Sec. 151703. Board of directors
(a) General.--The board of directors is the governing body of the
corporation.
(b) Members and Appointment.--(1) The Librarian of Congress is an ex
officio nonvoting member of the board. The Librarian appoints the
directors to the board.
(2)(A) The board consists of nine directors.
(B) Each director must be a United States citizen.
(C) At least six directors must be knowledgeable or experienced in
film production, distribution, preservation, or restoration, including
two who are sitting members of the National Film Preservation Board.
These six directors must, to the extent practicable, represent diverse
points of view from the film community, including motion picture
producers, creative artists, nonprofit and public archivists,
historians, film critics, theater owners, and laboratory and university
personnel.
[[Page 112 STAT. 1405]]
(3) A director is not an employee of the Library of Congress and
appointment to the board does not constitute appointment as an officer
or employee of the United States Government for the purpose of any law
of the United States.
(4) The terms of office of the directors are 4 years. An individual
may not serve more than two consecutive terms.
(5) A vacancy on the board shall be filled within 60 days in the
manner in which the original appointment was made.
(c) Chair.--The Librarian shall appoint one of the directors as the
initial chair of the board for a 2-year term. Thereafter, the chair
shall be appointed and removed in accordance with the bylaws of the
corporation.
(d) Quorum.--A majority of the current membership of the board is a
quorum.
(e) Meetings.--The board shall meet at the call of the Librarian or
the chair at least once each year. If a director misses three
consecutive regularly scheduled meetings, the director may be removed
from the board by the Librarian and that vacancy may be filled as
provided in subsection (b) of this section.
(f ) Compensation and Reimbursement.--Directors serve without
compensation but may be reimbursed for actual and necessary travel and
subsistence expenses incurred in performing duties for the corporation.
(g) Liability of Directors.--Directors are not personally liable,
except for gross negligence.
Sec. 151704. Officers and employees
(a) Secretary of the Board.--(1) The Librarian of Congress shall
appoint a Secretary of the Board to serve as executive director of the
corporation. The Librarian may remove the Secretary.
(2) The Secretary must be knowledgeable and experienced in matters
relating to--
(A) film preservation and restoration activities;
(B) financial management; and
(C) fundraising.
(b) Appointment of Officers.--Except as provided in subsection (a)
of this section, the board of directors appoints, removes, and replaces
officers of the corporation.
(c) Appointment of Employees.--Except as provided in subsection (a)
of this section, the Secretary appoints, removes, and replaces employees
of the corporation.
(d) Status and Compensation of Employees.--Employees of the
corporation (including the Secretary)--
(1) are not employees of the Library of Congress;
(2) shall be appointed and removed without regard to the
provisions of title 5 governing appointments in the competitive
service; and
(3) may be paid without regard to chapter 51 and subchapter
III of chapter 53 of title 5, except that an employee may not be
paid more than the annual rate of basic pay for level GS-15 of
the General Schedule under section 5107 of title 5.
Sec. 151705. Powers
(a) General.--The corporation may--
(1) adopt a constitution and bylaws;
(2) adopt a seal which shall be judicially noticed; and
[[Page 112 STAT. 1406]]
(3) do any other act necessary to carry out this chapter.
(b) Powers as Trustee.--To carry out its purposes, the corporation
has the usual powers of a corporation acting as a trustee in the
District of Columbia, including the power--
(1) to accept, receive, solicit, hold, administer, and use
any gift, devise, or bequest, either absolutely or in trust, of
property or any income from or other interest in property;
(2) to acquire property or an interest in property by
purchase or exchange;
(3) unless otherwise required by an instrument of transfer,
to sell, donate, lease, invest, or otherwise dispose of any
property or income from property;
(4) to borrow money and issue instruments of indebtedness;
(5) to make contracts and other arrangements with public
agencies and private organizations and persons and to make
payments necessary to carry out its functions;
(6) to sue and be sued; and
(7) to do any other act necessary and proper to carry out
the purposes of the corporation.
(c) Encumbered or Restricted Gifts.--A gift, devise, or bequest may
be accepted by the corporation even though it is encumbered, restricted,
or subject to beneficial interests of private persons, if any current or
future interest is for the benefit of the corporation.
Sec. 151706. Principal office
The principal office of the corporation shall be in the District of
Columbia. However, the corporation may conduct business throughout the
States, territories, and possessions of the United States.
Sec. 151707. Provision and acceptance of support by Librarian of
Congress
(a) Provision by Librarian.--(1) The Librarian of Congress may
provide personnel, facilities, and other administrative services to the
corporation. Administrative services may include reimbursement of
expenses under section 151703(f ) of this title, at rates not exceeding
the applicable per diem rates for the United States Government.
(2) The corporation shall reimburse the Librarian for support
provided under paragraph (1) of this subsection. Amounts reimbursed
shall be deposited in the Treasury to the credit of the appropriations
then current and chargeable for the cost of providing the support.
(b) Acceptance by Librarian.--The Librarian may accept, without
regard to chapters 33 and 51 and subchapter III of chapter 53 of title 5
and related regulations, the services of the corporation and its
directors, officers, and employees as volunteers in performing functions
authorized under this chapter, without compensation from the Library of
Congress.
Sec. 151708. Service of process
The corporation shall have a designated agent to receive service of
process for the corporation. Notice to or service on the agent, or
mailed to the business address of the agent, is notice to or service on
the corporation.
[[Page 112 STAT. 1407]]
Sec. 151709. Civil action by Attorney General for equitable relief
The Attorney General may bring a civil action in the United States
District Court for the District of Columbia for appropriate equitable
relief if the corporation--
(1) engages or threatens to engage in any act, practice, or
policy that is inconsistent with the purposes in section 151702
of this title; or
(2) refuses, fails, or neglects to carry out its obligations
under this chapter or threatens to do so.
Sec. 151710. Immunity of United States Government
The United States Government is not liable for any debts, defaults,
acts, or omissions of the corporation. The full faith and credit of the
Government does not extend to any obligation of the corporation.
Sec. 151711. Authorization of appropriations
(a) Authorization.--There are authorized to be appropriated to the
Library of Congress amounts necessary to carry out this chapter, not to
exceed $250,000 for each of the fiscal years ending September 30, 2000-
2003. These amounts are to be made available to the corporation to match
private contributions (whether in currency, services, or property) made
to the corporation by private persons and State and local governments.
(b) Limitation Related to Administrative Expenses.--Amounts
authorized under this section may not be used by the corporation for
administrative expenses of the corporation, including salaries, travel,
transportation, and overhead expenses.
Sec. 151712. Annual report
As soon as practicable after the end of each fiscal year, the
corporation shall submit a report to Congress on the activities of the
corporation during the prior fiscal year, including a complete statement
of its receipts, expenditures, and investments.
CHAPTER 1519--NATIONAL FUND FOR MEDICAL EDUCATION
Sec.
151901. Organization.
151902. Purposes.
151903. Membership.
151904. Governing body.
151905. Powers.
151906. Restrictions.
151907. Principal office.
151908. Records and inspection.
151909. Service of process.
151910. Liability for acts of officers and agents.
151911. Distribution of assets on dissolution or final liquidation.
Sec. 151901. Organization
(a) Federal Charter.--National Fund for Medical Education (in this
chapter, the ``corporation'') is a federally chartered corporation.
(b) Place of Incorporation and Domicile.--The corporation is
declared to be incorporated and domiciled in the District of Columbia.
[[Page 112 STAT. 1408]]
(c) Perpetual Existence.--Except as otherwise provided, the
corporation has perpetual existence.
Sec. 151902. Purposes
The purposes of the corporation are to raise from private sources,
administer, and disperse funds for medical education, and in carrying
out those purposes, to take other appropriate action to promote--
(1) the interpretation of the needs of medical education to
the American public;
(2) the encouragement of the growth, development, and
advancement of constantly improving standards and methods in the
education and training of all medical personnel in the United
States; and
(3) the preservation of academic freedom in the institutions
of medical education.
Sec. 151903. Membership
(a) Eligibility.--Except as provided in this chapter, eligibility
for membership in the corporation and the rights, privileges, and
designation of classes of members are as provided in the constitution
and bylaws of the corporation.
(b) Voting.--Each member (except an honorary, sustaining, or
associate member) has one vote on each matter submitted to a vote at a
meeting of the members.
Sec. 151904. Governing body
(a) Board of Directors.--(1) The board of directors is the governing
body of the corporation. Between meetings of the members of the
corporation, the board is responsible for the general policies and
program of the corporation and for the control of all funds of the
corporation.
(2) The number of directors, their manner of selection (including
the filling of vacancies), and their term of office are as provided in
the constitution and bylaws of the corporation. However--
(A) the corporation shall have at least 15 but not more than
25 directors; and
(B) at least four of the directors shall be members of the
medical profession.
(b) Officers.--(1) The officers of the corporation are a chairman of
the board of directors, a president, one or more vice presidents as
provided in the constitution and bylaws, a secretary, a treasurer, and
one or more assistant secretaries and assistant treasurers as provided
in the constitution and bylaws.
(2) The manner of election, term of office, and duties of the
officers are as provided in the constitution and bylaws.
Sec. 151905. Powers
The corporation may--
(1) adopt and amend a constitution and bylaws for the
management of its property and the regulation of its affairs;
(2) adopt and alter a corporate seal;
(3) choose officers, managers, employees, and agents as the
activities of the corporation require;
(4) make contracts;
[[Page 112 STAT. 1409]]
(5) acquire, own, lease, encumber, and transfer property as
necessary or convenient to carry out the purposes of the
corporation;
(6) borrow money, issue instruments of indebtedness, and
secure its obligations by granting security interests in its
property; and
(7) sue and be sued.
Sec. 151906. Restrictions
(a) Stock and Dividends.--The corporation may not issue stock or
declare or pay a dividend.
(b) Political Activities.--The corporation or a director or officer
as such may not contribute to, support, or assist a political party or
candidate for public office.
(c) Distribution of Income or Assets.--The income or assets of the
corporation may not inure to the benefit of, or be distributed to, a
director, officer, or member during the life of the corporation or on
its dissolution or final liquidation. This subsection does not prevent
the payment of compensation to an officer in an amount approved by the
board of directors.
(d) Loans.--The corporation may not make a loan or advance to a
director, officer, or employee. Directors who vote for or assent to
making a loan or advance to a director, officer, or employee, and
officers who participate in making the loan or advance, are jointly and
severally liable to the corporation for the amount of the loan or
advance until it is repaid.
Sec. 151907. Principal office
The principal office of the corporation shall be in New York, New
York, or another place decided by the board of directors. However, the
activities of the corporation are not confined to the place where the
principal office is located but may be conducted throughout the States,
territories, and possessions of the United States.
Sec. 151908. Records and inspection
(a) Records.--The corporation shall keep--
(1) correct and complete records of account;
(2) minutes of the proceedings of its members, board of
directors, and committees having any of the authority of its
board of directors; and
(3) at its principal office, a record of the names and
addresses of its members entitled to vote.
(b) Inspection.--A member entitled to vote, or an agent or attorney
of the member, may inspect the records of the corporation for any proper
purpose, at any reasonable time.
Sec. 151909. Service of process
The corporation shall have a designated agent in the District of
Columbia to receive service of process for the corporation. Notice to or
service on the agent, or mailed to the business address of the agent, is
notice to or service on the corporation.
Sec. 151910. Liability for acts of officers and agents
The corporation is liable for the acts of its officers and agents
acting within the scope of their authority.
[[Page 112 STAT. 1410]]
Sec. 151911. Distribution of assets on dissolution or final liquidation
On dissolution or final liquidation of the corporation, any assets
remaining after the discharge of all liabilities shall be distributed as
provided by the board of directors, but in compliance with the
constitution and bylaws of the corporation.
CHAPTER 1521--NATIONAL MINING HALL OF FAME AND MUSEUM
Sec.
152101. Definition.
152102. Organization.
152103. Purposes.
152104. Membership.
152105. Governing body.
152106. Powers.
152107. Restrictions.
152108. Duty to maintain corporate and tax-exempt status.
152109. Records and inspection.
152110. Service of process.
152111. Liability for acts of officers and agents.
152112. Annual report.
Sec. 152101. Definition
For purposes of this chapter, ``State'' includes the District of
Columbia and the territories and possessions of the United States.
Sec. 152102. Organization
(a) Federal Charter.--National Mining Hall of Fame and Museum (in
this chapter, the ``corporation''), incorporated in Colorado, is a
federally chartered corporation.
(b) Expiration of Charter.--If the corporation does not comply with
any provision of this chapter, the charter granted by this chapter
expires.
Sec. 152103. Purposes
The purposes of the corporation are as provided in its articles of
incorporation and include--
(1) honoring citizens, mining leaders, miners, prospectors,
teachers, scientists, engineers, inventors, governmental
leaders, and other individuals, who have helped to make this
country great by their outstanding contributions to the
establishment, development, advancement, or improvement of
mining in the United States;
(2) perpetuating the memory of those individuals and
recording their contributions and achievements by the erection
and maintenance of buildings, monuments, and edifices considered
appropriate as a lasting memorial;
(3) fostering, promoting, and encouraging a better
understanding of the origins and growth of mining, especially in
the United States, and the part mining has played in changing
the economic, social, and scientific aspects of our country;
(4) establishing and maintaining a library and museum for
collecting and preserving for posterity, the history of those
honored by the corporation, together with a documentation of
their accomplishments and contributions to mining, including
such items as mining pictures, paintings, books, papers,
documents, scientific data, relics, mementos, artifacts, and
things relating to those items;
[[Page 112 STAT. 1411]]
(5) cooperating with other mining organizations that are
actively engaged and interested in similar projects; and
(6) engaging in any other activity necessary or proper to
accomplish any of the purposes in this section.
Sec. 152104. Membership
Eligibility for membership in the corporation and the rights and
privileges of members are as provided in the bylaws.
Sec. 152105. Governing body
(a) Board of Directors.--The board of directors and the
responsibilities of the board are as provided in the articles of
incorporation.
(b) Officers.--The officers and the election of officers are as
provided in the articles of incorporation.
Sec. 152106. Powers
The corporation has only the powers provided in its bylaws and
articles of incorporation filed in each State in which it is
incorporated.
Sec. 152107. Restrictions
(a) Stock and Dividends.--The corporation may not issue stock or
declare or pay a dividend.
(b) Political Activities.--The corporation or a director or officer
as such may not contribute to, support, or participate in any political
activity or in any manner attempt to influence legislation.
(c) Distribution of Income or Assets.--The income or assets of the
corporation may not inure to the benefit of, or be distributed to, a
director, officer, or member during the life of the charter granted by
this chapter. This subsection does not prevent the payment of reasonable
compensation to an officer or reimbursement for actual necessary
expenses in amounts approved by the board of directors.
(d) Loans.--The corporation may not make a loan to a director,
officer, or employee.
(e) Claim of Governmental Approval or Authorization.--The
corporation may not claim congressional approval or the authority of the
United States Government for any of its activities.
Sec. 152108. Duty to maintain corporate and tax-exempt status
(a) Corporate Status.--The corporation shall maintain its status as
a corporation incorporated under the laws of Colorado.
(b) Tax-Exempt Status.--The corporation shall maintain its status as
an organization exempt from taxation under the Internal Revenue Code of
1986 (26 U.S.C. 1 et seq.).
Sec. 152109. Records and inspection
(a) Records.--The corporation shall keep--
(1) correct and complete records of account;
(2) minutes of the proceedings of its members, board of
directors, and committees having any of the authority of its
board of directors; and
(3) at its principal office, a record of the names and
addresses of its members entitled to vote.
[[Page 112 STAT. 1412]]
(b) Inspection.--A member entitled to vote, or an agent or attorney
of the member, may inspect the records of the corporation for any proper
purpose, at any reasonable time.
Sec. 152110. Service of process
The corporation shall comply with the law on service of process of
each State in which it is incorporated and each State in which it
carries on activities.
Sec. 152111. Liability for acts of officers and agents
The corporation is liable for the acts of its officers and agents
acting within the scope of their authority.
Sec. 152112. Annual report
The corporation shall submit an annual report to Congress on the
activities of the corporation during the prior fiscal year. The report
shall be submitted at the same time as the report of the audit required
by section 10101 of this title. The report may not be printed as a
public document.
CHAPTER 1523--NATIONAL MUSIC COUNCIL
Sec.
152301. Organization.
152302. Purposes.
152303. Membership.
152304. Governing body.
152305. Powers.
152306. Exclusive right to name, seals, emblems, and badges.
152307. Restrictions.
152308. Principal office.
152309. Records and inspection.
152310. Service of process.
152311. Liability for acts of officers and agents.
152312. Distribution of assets on dissolution or final liquidation.
Sec. 152301. Organization
(a) Federal Charter.--National Music Council (in this chapter, the
``corporation'') is a federally chartered corporation.
(b) Perpetual Existence.--Except as otherwise provided, the
corporation has perpetual existence.
Sec. 152302. Purposes
The purposes of the corporation are--
(1) to provide the member organizations with a forum for the
free discussion of problems affecting national musical life in
this country;
(2) to speak with one voice for music whenever an
authoritative expression of opinion is desirable;
(3) to provide for the interchange of information between
the various member organizations;
(4) to encourage the coordination of efforts of the member
organizations, thereby avoiding duplication or conflict;
(5) to organize exploratory surveys or fact-finding
commissions whenever the corporation considers them necessary
for the solution of important problems; and
(6) to encourage the development and appreciation of the art
of music and to foster the highest ethical standards in the
musical professions and industries.
[[Page 112 STAT. 1413]]
Sec. 152303. Membership
(a) Eligibility.--Except as provided in this chapter, eligibility
for membership in the corporation and the rights and privileges of
members are as provided in the constitution and bylaws of the
corporation.
(b) Voting.--Each member has one vote in the conduct of official
business of the corporation.
Sec. 152304. Governing body
(a) General.--(1) The board of directors is the governing body of
the corporation. The board may be known as an Executive Committee.
(2) The board shall consist of at least 10 individuals who shall be
representative of members of the corporation or other individuals
selected by the members of the corporation. The directors shall be
elected by the members of the corporation annually or at another regular
interval as provided in the bylaws of the corporation.
(b) Officers.--The officers of the corporation are a chairman of the
board, a president, one or more vice presidents, a secretary, a
treasurer, and assistant officers the board designates. The officers
shall perform the duties and have the powers provided in the bylaws and
by the board.
Sec. 152305. Powers
The corporation may--
(1) adopt and amend a constitution and bylaws for the
management of its property and the regulation of its affairs;
(2) adopt and alter a corporate seal;
(3) choose officers, managers, employees, and agents as the
activities of the corporation require;
(4) make contracts;
(5) publish a bulletin, magazine, and other publications;
(6) acquire, own, lease, encumber, and transfer property as
necessary to carry out the purposes of the corporation;
(7) borrow money, issue instruments of indebtedness, and
secure its obligations by granting security interests in its
property;
(8) use corporate funds to give prizes, awards, loans,
scholarships, and grants to deserving composers, conductors, and
others for the purposes stated in section 152302 of this title
and for other purposes the board of directors considers proper;
(9) sue and be sued; and
(10) do any other act necessary and proper to carry out the
purposes of the corporation.
Sec. 152306. Exclusive right to name, seals, emblems, and badges
The corporation has the exclusive right to use the name ``National
Music Council'' and seals, emblems, and badges the corporation adopts.
Sec. 152307. Restrictions
(a) Profit.--The corporation may not engage in business for profit.
(b) Stock and Dividends.--The corporation may not issue stock or
declare or pay a dividend.
[[Page 112 STAT. 1414]]
(c) Political Activities.--The corporation or a director, officer,
or member as such may not contribute to, support, or assist a political
party or candidate for elective public office.
(d) Distribution of Income or Assets.--The income or assets of the
corporation may not inure to the benefit of, or be distributed to, a
director, officer, or member except on dissolution or final liquidation
of the corporation.
(e) Loans.--The corporation may not make a loan to a director,
officer, or employee. Directors who vote for or assent to making a loan
to a director, officer, or employee, and officers who participate in
making the loan, are jointly and severally liable to the corporation for
the amount of the loan until it is repaid.
Sec. 152308. Principal office
The principal office of the corporation shall be at the place the
board of directors decides. However, the activities of the corporation
may be conducted throughout the States, territories, and possessions of
the United States.
Sec. 152309. Records and inspection
(a) Records.--The corporation shall keep--
(1) correct and complete records of account;
(2) minutes of the proceedings of its members, board of
directors, and committees having any of the authority of its
board of directors; and
(3) at its principal office, a record of the names and
addresses of its members entitled to vote.
(b) Inspection.--A member entitled to vote, or an agent or attorney
of the member, may inspect the records of the corporation for any proper
purpose, at any reasonable time.
Sec. 152310. Service of process
(a) District of Columbia.--The corporation shall have a designated
agent in the District of Columbia to receive service of process for the
corporation. Designation of the agent shall be filed in the office of
the clerk of the United States District Court for the District of
Columbia. Notice to or service on the agent, or mailed to the business
address of the agent, is notice to or service on the corporation.
(b) States, Territories, and Possessions.--As a condition to the
exercise of any power or privilege granted by this chapter, the
corporation shall file, with the secretary of state or other designated
official of each State, territory, or possession of the United States in
which the corporation does business, the name and address of an agent in
that State, territory, or possession on whom legal process or demands
against the corporation may be served.
Sec. 152311. Liability for acts of officers and agents
The corporation is liable for the acts of its officers and agents
acting within the scope of their authority.
Sec. 152312. Distribution of assets on dissolution or final liquidation
On dissolution or final liquidation of the corporation, any assets
remaining after the discharge of all liabilities shall be used by the
board of directors for the purposes stated in section 152302 of this
title or be transferred to a recognized educational foundation.
[[Page 112 STAT. 1415]]
CHAPTER 1525--NATIONAL SAFETY COUNCIL
Sec.
152501. Organization.
152502. Purposes.
152503. Membership.
152504. Governing body.
152505. Powers.
152506. Exclusive right to name, seals, emblems, and badges.
152507. Restrictions.
152508. Principal office.
152509. Records and inspection.
152510. Service of process.
152511. Liability for acts of officers and agents.
152512. Distribution of assets on dissolution or final liquidation.
Sec. 152501. Organization
(a) Federal Charter.--National Safety Council (in this chapter, the
``corporation'') is a federally chartered corporation.
(b) Perpetual Existence.--Except as otherwise provided, the
corporation has perpetual existence.
Sec. 152502. Purposes
The purposes of the corporation are--
(1) to further, encourage, and promote methods and
procedures leading to increased safety, protection, and health
among employees, employers, and children in industries, on
farms, in schools and colleges, in homes, on streets and
highways, in recreation, and in other public and private places;
(2) to collect, correlate, publish, and disseminate
educational and informative reports and all other data related
to safety methods and procedures;
(3) to arouse and maintain the interest of the people of the
United States and its territories and possessions in safety and
accident prevention, and to encourage the adoption and
institution of safety methods by all individuals, corporations,
and other organizations;
(4) to organize, establish, and conduct programs, lectures,
conferences, and other activities for the education of all
individuals, corporations, and other organizations in safety
methods and procedures;
(5) to organize and aid in organizing local safety chapters
throughout the United States and its territories and
possessions, and to provide organizational guidance and
materials to promote the national safety;
(6) to cooperate with, enlist, and develop the cooperation
of and among all individuals, corporations, and other
organizations and agencies, public and private, engaged in,
interested in, or in any manner connected with, any of these
purposes; and
(7) to do any lawful acts necessary, useful, suitable,
desirable, and proper for the furtherance and accomplishment of
any of these purposes.
Sec. 152503. Membership
(a) Eligibility.--Except as provided in this chapter, eligibility
for membership in the corporation and the rights and privileges of
members are as provided in the constitution and bylaws of the
corporation.
(b) Voting.--Each member (except an honorary or sustaining member)
has one vote on each matter submitted to a vote at
[[Page 112 STAT. 1416]]
a meeting of the members. The corporation may provide in its
constitution and bylaws for additional voting rights based on dues paid.
Sec. 152504. Governing body
(a) Board of Directors.--(1) The board of directors is the governing
body of the corporation. Between meetings of the corporation, the board
is responsible for the general policies and program of the corporation.
Except as provided in subsection (c) of this section, the board is
responsible for all funds of the corporation.
(2) The board shall consist of at least 15 directors. Their manner
of selection (including the filling of vacancies) and term of office are
as provided in the constitution and bylaws of the corporation.
(b) Officers.--(1) The officers of the corporation are a chairman of
the board of directors, a president, three or more vice presidents as
provided in the constitution and bylaws, a secretary, a treasurer, and
an executive vice president. Their duties are as provided in the
constitution and bylaws.
(2) Except for the executive vice president, the officers shall be
elected at the annual meeting of the corporation. The executive vice
president shall be elected by the board of directors in the manner
provided in the constitution and bylaws.
(c) Trustees.--The corporation shall have at least 15 trustees.
Their manner of selection and term of office are as provided in the
constitution and bylaws. The trustees have full power and control over
contributed funds that they raise.
Sec. 152505. Powers
The corporation may--
(1) adopt and amend a constitution and bylaws for the
management of its property and the regulation of its affairs;
(2) adopt and alter a corporate seal;
(3) adopt and alter seals, emblems, and badges;
(4) choose directors, officers, trustees, managers,
employees, and agents as the activities of the corporation
require;
(5) make contracts;
(6) acquire, own, lease, encumber, and transfer property as
necessary to carry out the purposes of the corporation;
(7) borrow money, issue instruments of indebtedness, and
secure its obligations by granting security interests in its
property;
(8) publish a magazine and other publications consistent
with the purposes of the corporation;
(9) charge and collect membership dues and subscription
fees;
(10) receive contributions or grants of money or property to
be devoted to carrying out the purposes of the corporation;
(11) use corporate funds to give prizes, awards, or other
evidences of merit or recognition to individuals, corporations,
and other organizations, public or private, for outstanding
contributions toward the achievement of the purposes of the
corporation;
(12) organize, establish, and conduct conferences on safety
and accident prevention;
(13) establish and maintain offices to conduct its
activities, charter local, State, and regional safety
organizations, and establish, regulate, and discontinue
departmental subdivisions
[[Page 112 STAT. 1417]]
and local, State, and regional chapters in appropriate places
throughout the United States and its territories and
possessions;
(14) sue and be sued; and
(15) do any other act necessary and proper to carry out the
purposes of the corporation.
Sec. 152506. Exclusive right to name, seals, emblems, and badges
The corporation and its subordinate divisions and regional, State,
and local chapters have the exclusive right to use the name ``National
Safety Council''. The corporation has the exclusive right to use and to
allow others to use seals, emblems, and badges the corporation adopts.
This section does not affect any vested rights.
Sec. 152507. Restrictions
(a) Stock and Dividends.--The corporation may not issue stock or
declare or pay a dividend.
(b) Political Activities.--The corporation or a director, officer,
or agent as such may not contribute to, support, or assist a political
party or candidate for public office.
(c) Distribution of Income or Assets.--The income or assets of the
corporation may not inure to the benefit of, or be distributed to, a
director, officer, or member except on dissolution or final liquidation
of the corporation. This subsection does not prevent the payment of
compensation to an officer in an amount approved by the board of
directors.
(d) Loans.--The corporation may not make a loan to a director,
officer, or employee. Directors who vote for or assent to making a loan
to a director, officer, or employee, and officers who participate in
making the loan, are jointly and severally liable to the corporation for
the amount of the loan until it is repaid.
Sec. 152508. Principal office
The principal office of the corporation shall be in Chicago,
Illinois, or another place decided by the board of directors. However,
the activities of the corporation are not confined to the place where
the principal office is located but may be conducted throughout the
States, territories, and possessions of the United States.
Sec. 152509. Records and inspection
(a) Records.--The corporation shall keep--
(1) correct and complete records of account;
(2) minutes of the proceedings of its members, board of
directors, and committees having any of the authority of its
board of directors; and
(3) at its principal office, a record of the names and
addresses of its members entitled to vote.
(b) Inspection.--A member entitled to vote, or an agent or attorney
of the member, may inspect the records of the corporation for any proper
purpose, at any reasonable time.
Sec. 152510. Service of process
The corporation shall have a designated agent in the District of
Columbia to receive service of process for the corporation. Notice
[[Page 112 STAT. 1418]]
to or service on the agent, or mailed to the business address of the
agent, is notice to or service on the corporation.
Sec. 152511. Liability for acts of officers and agents
The corporation is liable for the acts of its officers and agents
acting within the scope of their authority.
Sec. 152512. Distribution of assets on dissolution or final liquidation
On dissolution or final liquidation of the corporation, any assets
remaining after the discharge of all liabilities shall be distributed as
provided by the board of directors, but in compliance with the
constitution and bylaws of the corporation.
CHAPTER 1527--NATIONAL SKI PATROL SYSTEM, INCORPORATED
Sec.
152701. Definition.
152702. Organization.
152703. Purposes.
152704. Membership.
152705. Governing body.
152706. Powers.
152707. Restrictions.
152708. Duty to maintain tax-exempt status.
152709. Records and inspection.
152710. Service of process.
152711. Liability for acts of officers and agents.
152712. Annual report.
Sec. 152701. Definition
For purposes of this chapter, ``State'' includes the District of
Columbia and the territories and possessions of the United States.
Sec. 152702. Organization
(a) Federal Charter.--National Ski Patrol System, Incorporated (in
this chapter, the ``corporation''), incorporated in New York and
Colorado, is a federally chartered corporation.
(b) Expiration of Charter.--If the corporation does not comply with
any provision of this chapter, the charter granted by this chapter
expires.
Sec. 152703. Purposes
The purposes of the corporation are--
(1) to promote, in every way, patriotic, scientific,
educational, and civic improvement activities and public safety
in skiing, by such means as the dissemination of information and
the formation of volunteer local patrols consisting of competent
skiers trained in first aid for the purpose of preventing
accidents and rendering speedy assistance to individuals
sustaining accidents; and
(2) to solicit contributions of money, services, and other
property for, and generally to encourage and assist in carrying
out these purposes in every way.
Sec. 152704. Membership
Except as provided in this chapter, eligibility for membership in
the corporation and the rights and privileges of members are as provided
in the bylaws.
[[Page 112 STAT. 1419]]
Sec. 152705. Governing body
(a) Board of Directors.--The board of directors and the
responsibilities of the board are as provided in the articles of
incorporation.
(b) Officers.--The officers and the election of officers are as
provided in the articles of incorporation.
Sec. 152706. Powers
The corporation has only the powers provided in its bylaws and
articles of incorporation filed in each State in which it is
incorporated.
Sec. 152707. Restrictions
(a) Stock and Dividends.--The corporation may not issue stock or
declare or pay a dividend.
(b) Political Activities.--The corporation or a director or officer
as such may not contribute to, support, or participate in any political
activity or in any manner attempt to influence legislation.
(c) Distribution of Income or Assets.--The income or assets of the
corporation may not inure to the benefit of, or be distributed to, a
director, officer, or member during the life of the charter granted by
this chapter. This subsection does not prevent the payment of reasonable
compensation to an officer or reimbursement for actual necessary
expenses in amounts approved by the board of directors.
(d) Loans.--The corporation may not make a loan to a director,
officer, or employee.
Sec. 152708. Duty to maintain tax-exempt status
The corporation shall maintain its status as an organization exempt
from taxation under the Internal Revenue Code of 1986 (26 U.S.C. 1 et
seq.).
Sec. 152709. Records and inspection
(a) Records.--The corporation shall keep--
(1) correct and complete records of account;
(2) minutes of the proceedings of its members, board of
directors, and committees having any of the authority of its
board of directors; and
(3) at its principal office, a record of the names and
addresses of its members entitled to vote.
(b) Inspection.--A member entitled to vote, or an agent or attorney
of the member, may inspect the records of the corporation for any proper
purpose, at any reasonable time.
Sec. 152710. Service of process
The corporation shall comply with the law on service of process of
each State in which it is incorporated and each State in which it
carries on activities.
Sec. 152711. Liability for acts of officers and agents
The corporation is liable for the acts of its officers and agents
acting within the scope of their authority.
[[Page 112 STAT. 1420]]
Sec. 152712. Annual report
The corporation shall submit an annual report to Congress on the
activities of the corporation during the prior calendar year. The report
may not be printed as a public document.
CHAPTER 1529--NATIONAL SOCIETY, DAUGHTERS OF THE AMERICAN COLONISTS
Sec.
152901. Definition.
152902. Organization.
152903. Purposes.
152904. Membership.
152905. Governing body.
152906. Powers.
152907. Exclusive right to name, seals, emblems, and badges.
152908. Restrictions.
152909. Duty to maintain corporate and tax-exempt status.
152910. Records and inspection.
152911. Service of process.
152912. Liability for acts of officers and agents.
152913. Annual report.
Sec. 152901. Definition
For purposes of this chapter, ``State'' includes the District of
Columbia and the territories and possessions of the United States.
Sec. 152902. Organization
(a) Federal Charter.--National Society, Daughters of the American
Colonists (in this chapter, the ``corporation''), incorporated in the
District of Columbia, is a federally chartered corporation.
(b) Expiration of Charter.--If the corporation does not comply with
any provision of this chapter, the charter granted by this chapter
expires.
Sec. 152903. Purposes
The purposes of the corporation are as provided in the articles of
incorporation and include a continuing commitment, on a national basis--
(1) to conduct, record, and publish the results of research
on the history and deeds of the American colonists;
(2) to publish the memoirs of American colonists;
(3) to erect memorials to commemorate the history and deeds
of the American colonists;
(4) to promote respect and admiration for the institutions,
laws, and flag of the United States;
(5) to engage in mutual improvement and educational
activities;
(6) to establish scholarships to assist needy and deserving
students and to promote the improvement of educational
institutions;
(7) to engage in volunteer service and make contributions to
veterans hospitals; and
(8) to perform other charitable activities, including the
national presidents' projects, as may be provided in the
articles of incorporation or bylaws of the Corporation.
Sec. 152904. Membership
(a) Eligibility.--Except as provided in this chapter, eligibility
for membership in the corporation and the rights and privileges
[[Page 112 STAT. 1421]]
of members are as provided in the constitution and bylaws of the
corporation.
(b) Nondiscrimination.--The terms of membership may not discriminate
on the basis of race, color, religion, or national origin.
Sec. 152905. Governing body
(a) Board of Directors.--The board of directors and the
responsibilities of the board are as provided in the articles of
incorporation or bylaws.
(b) Officers.--The officers and the election of officers are as
provided in the articles of incorporation or bylaws.
(c) Nondiscrimination.--The requirements for holding office in the
corporation may not discriminate on the basis of race, color, religion,
or national origin.
Sec. 152906. Powers
The corporation has only the powers provided in its bylaws and
articles of incorporation filed in each State in which it is
incorporated.
Sec. 152907. Exclusive right to name, seals, emblems, and badges
The corporation has the exclusive right to use the name ``National
Society, Daughters of the American Colonists'' and seals, emblems, and
badges the corporation adopts. This section does not affect any vested
rights.
Sec. 152908. Restrictions
(a) Stock and Dividends.--The corporation may not issue stock or
declare or pay a dividend.
(b) Political Activities.--The corporation or a director or officer
as such may not contribute to, support, or participate in any political
activity or in any manner attempt to influence legislation.
(c) Distribution of Income or Assets.--The income or assets of the
corporation may not inure to the benefit of, or be distributed to, a
director, officer, or member during the life of the charter granted by
this chapter. This subsection does not prevent the payment of reasonable
compensation to an officer or reimbursement for actual necessary
expenses in amounts approved by the board of directors.
(d) Loans.--The corporation may not make a loan to a director,
officer, or employee.
(e) Claim of Governmental Approval or Authorization.--The
corporation may not claim congressional approval or the authority of the
United States Government for any of its activities.
Sec. 152909. Duty to maintain corporate and tax-exempt status
(a) Corporate Status.--The corporation shall maintain its status as
a corporation incorporated under the laws of each State in which it is
incorporated.
(b) Tax-Exempt Status.--The corporation shall maintain its status as
an organization exempt from taxation under the Internal Revenue Code of
1986 (26 U.S.C. 1 et seq.).
Sec. 152910. Records and inspection
(a) Records.--The corporation shall keep--
[[Page 112 STAT. 1422]]
(1) correct and complete records of account;
(2) minutes of the proceedings of its members, board of
directors, and committees having any of the authority of its
board of directors; and
(3) at its principal office, a record of the names and
addresses of its members entitled to vote.
(b) Inspection.--A member entitled to vote, or an agent or attorney
of the member, may inspect the records of the corporation for any proper
purpose, at any reasonable time.
Sec. 152911. Service of process
The corporation shall comply with the law on service of process of
each State in which it is incorporated and each State in which it
carries on activities.
Sec. 152912. Liability for acts of officers and agents
The corporation is liable for the acts of its officers and agents
acting within the scope of their authority.
Sec. 152913. Annual report
The corporation shall submit an annual report to Congress on the
activities of the corporation during the prior fiscal year. The report
shall be submitted at the same time as the report of the audit required
by section 10101 of this title. The report may not be printed as a
public document.
CHAPTER 1531--THE NATIONAL SOCIETY OF THE DAUGHTERS OF THE AMERICAN
REVOLUTION
Sec.
153101. Organization.
153102. Purposes.
153103. Powers.
153104. Exclusive right to name, seals, emblems, and badges.
153105. Principal office.
153106. Deposit of historical material in Smithsonian Institution.
153107. Annual report.
Sec. 153101. Organization
The National Society of the Daughters of the American Revolution (in
this chapter, the ``corporation'') is a body corporate and politic in
the District of Columbia.
Sec. 153102. Purposes
The purposes of the corporation are patriotic, historical, and
educational, and include--
(1) perpetuating the memory and spirit of the men and women
who achieved American independence by--
(A) acquiring and protecting historical spots and
erecting monuments;
(B) encouraging historical research in relation to
the Revolution and publishing its results;
(C) preserving documents and relics and the records
of the individual services of Revolutionary soldiers and
patriots; and
(D) promoting celebrations of all patriotic
anniversaries;
(2) carrying out the injunction of Washington, in his
farewell address to the American people, ``to promote, as an
object
[[Page 112 STAT. 1423]]
of primary importance, institutions for the general diffusion of
knowledge,'' thus developing an enlightened public opinion and
affording to young and old such advantages as shall develop in
them the largest capacity for performing the duties of American
citizens;
(3) cherishing, maintaining, and extending the institutions
of American freedom;
(4) fostering true patriotism and love of country; and
(5) aiding in securing for mankind all the blessings of
liberty.
Sec. 153103. Powers
The corporation may--
(1) adopt a constitution and bylaws;
(2) adopt a seal; and
(3) acquire, own, lease, encumber, and transfer property as
necessary or convenient to carry out its purposes.
Sec. 153104. Exclusive right to name, seals, emblems, and badges
The corporation and its subordinate divisions have the exclusive
right to use the name ``National Society of the Daughters of the
American Revolution''. The corporation has the exclusive right to use
and to allow others to use seals, emblems, and badges the corporation
adopts.
Sec. 153105. Principal office
The corporation shall have its headquarters or principal office in
the District of Columbia.
Sec. 153106. Deposit of historical material in Smithsonian Institution
The Regents of the Smithsonian Institution may permit the
corporation to deposit its collections, manuscripts, books, pamphlets,
and other material for history in the Smithsonian Institution or in the
National Museum, on conditions and under rules they prescribe.
Sec. 153107. Annual report
The corporation shall submit an annual report to the Secretary of
the Smithsonian Institution on the activities of the corporation. The
Secretary shall communicate to Congress any part of the report that the
Secretary considers of national interest and importance.
CHAPTER 1533--NATIONAL SOCIETY OF THE SONS OF THE AMERICAN REVOLUTION
Sec.
153301. Organization.
153302. Purposes.
153303. Powers.
153304. Trustees.
Sec. 153301. Organization
National Society of the Sons of the American Revolution (in this
chapter, the ``corporation'') is a body corporate and politic in the
District of Columbia.
[[Page 112 STAT. 1424]]
Sec. 153302. Purposes
The purposes of the corporation are patriotic, historical, and
educational, and include those intended or designed--
(1) to perpetuate the memory of the men who, by their
services or sacrifices during the war of the American
Revolution, achieved the independence of the American people;
(2) to unite and promote fellowship among their descendants;
(3) to inspire them and the community at large with a more
profound reverence for the principles of the government founded
by our forefathers;
(4) to encourage historical research in relation to the
American Revolution;
(5) to acquire and preserve the records of the individual
services of the patriots of the war, as well as documents,
relics, and landmarks;
(6) to mark the scenes of the American Revolution by
appropriate memorials;
(7) to celebrate the anniversaries of the prominent events
of the war and of the Revolutionary period;
(8) to foster true patriotism;
(9) to maintain and extend the institutions of American
freedom; and
(10) to carry out the purposes expressed in the preamble to
the Constitution of our country and the injunctions of
Washington in his farewell address to the American people.
Sec. 153303. Powers
The corporation may--
(1) adopt and amend a constitution, bylaws, and regulations
for the admission, government, suspension, and expulsion of its
members;
(2) adopt and alter a seal;
(3) provide for the election of its officers and define
their duties;
(4) provide for State societies or chapters with regulations
for their conduct, and regulate and provide for the management,
safe-keeping, and protection of their property and funds;
(5) acquire, own, lease, encumber, and transfer property as
necessary or convenient to carry out the purposes of the
corporation; and
(6) sue and be sued.
Sec. 153304. Trustees
The property and affairs of the corporation shall be managed by at
least 40 trustees. The trustees shall be elected annually at the time
provided in the bylaws. At least one trustee shall be elected annually
from a list of nominees to be made by each of the State societies and
submitted to the corporation at least 30 days before the annual meeting,
in accordance with provisions adopted by the corporation to regulate
nominations.
CHAPTER 1535--NATIONAL TROPICAL BOTANICAL GARDEN
Sec.
153501. Organization.
[[Page 112 STAT. 1425]]
153502. Purposes.
153503. Membership.
153504. Governing body.
153505. Powers.
153506. Exclusive right to name.
153507. Restrictions.
153508. Principal office and location of activities and gardens.
153509. Records and inspection.
153510. Statement required in audit report.
153511. Service of process.
153512. Liability for acts of officers and agents.
153513. Distribution of assets on dissolution or final liquidation.
Sec. 153501. Organization
(a) Federal Charter.--National Tropical Botanical Garden (in this
chapter, the ``corporation'') is a federally chartered corporation.
(b) Perpetual Existence.--Except as otherwise provided, the
corporation has perpetual existence.
Sec. 153502. Purposes
The purposes of the corporation are--
(1) to establish, develop, operate, and maintain for the
benefit of the people of the United States an educational and
scientific center in the form of one or more tropical botanical
gardens, together with facilities such as libraries, herbaria,
laboratories, and museums that are appropriate and necessary for
encouraging and conducting research in basic and applied
tropical botany;
(2) to foster and encourage fundamental research about
tropical plant life and to encourage research and study of the
uses of tropical flora in agriculture, forestry, horticulture,
medicine, and other sciences;
(3) to disseminate through publications and other media the
knowledge about basic and applied tropical botany acquired at
the gardens;
(4) to collect and cultivate tropical flora of every nature
and origin and to preserve for the people of the United States
species of tropical plant life threatened with extinction; and
(5) to provide a beneficial facility that will contribute to
the education, instruction, and recreation of the people of the
United States.
Sec. 153503. Membership
(a) Eligibility.--Except as provided in this chapter, eligibility
for membership in the corporation and the rights and privileges of
members are as provided in the constitution and bylaws of the
corporation.
(b) Voting.--Each member (except an honorary or associate member)
has one vote on each matter submitted to a vote at a meeting of the
members.
Sec. 153504. Governing body
(a) Board of Trustees.--(1) The board of trustees is the governing
body of the corporation. The duties and powers of the board are as
provided in the bylaws.
(2) The manner of selection and term of office of the trustees are
as provided in the bylaws.
(b) Officers.--(1) The officers of the corporation are a president,
one or more vice presidents, a secretary, a treasurer, and other
officers as provided in the bylaws.
[[Page 112 STAT. 1426]]
(2) The manner of election, term of office, and duties of the
officers are as provided in the bylaws.
Sec. 153505. Powers
The corporation may--
(1) adopt and amend bylaws for the management of its
property and the regulation of its affairs;
(2) adopt and alter a corporate seal;
(3) choose officers, trustees, managers, employees, and
agents as the activities of the corporation require;
(4) make contracts;
(5) acquire, own, lease, encumber, and transfer property as
necessary or proper to carry out the purposes of the
corporation;
(6) borrow money, issue instruments of indebtedness, and
secure its obligations by granting security interests in its
property;
(7) sue and be sued; and
(8) do any other act necessary and proper to carry out the
purposes of the corporation.
Sec. 153506. Exclusive right to name
The corporation has the exclusive right to use and to allow others
to use the name ``National Tropical Botanical Garden''.
Sec. 153507. Restrictions
(a) Stock and Dividends.--The corporation may not issue stock or
declare or pay a dividend.
(b) Political Activities.--The corporation or a trustee or officer
as such may not contribute to, support, or assist a political party or
candidate for elective public office.
(c) Distribution of Income or Assets.--The income or assets of the
corporation may not inure to the benefit of, or be distributed to, a
trustee, officer, or member during the life of the corporation or on its
dissolution or final liquidation. This subsection does not prevent the
payment of reasonable compensation to an officer or reimbursement for
actual necessary expenses in amounts approved by the board of trustees.
(d) Loans.--The corporation may not make a loan to a trustee,
officer, or employee. Trustees who vote for or assent to making a loan
to a trustee, officer, or employee, and officers who participate in
making the loan, are jointly and severally liable to the corporation for
the amount of the loan until it is repaid.
Sec. 153508. Principal office and location of activities and gardens
(a) Principal Office.--The principal office of the corporation shall
be in the District of Columbia or another place decided by the board of
trustees.
(b) Location of Activities and Gardens.--The activities of the
corporation may be conducted anywhere. However, the corporation may
establish tropical botanical gardens only in the United States and its
territories and possessions.
Sec. 153509. Records and inspection
(a) Records.--The corporation shall keep--
(1) correct and complete records of account;
[[Page 112 STAT. 1427]]
(2) minutes of the proceedings of its board of trustees and
committees having any of the authority of its board of trustees;
and
(3) at its principal office, a record of the names and
addresses of its members entitled to vote.
(b) Inspection.--A member entitled to vote, or an agent or attorney
of the member, may inspect the records of the corporation for any proper
purpose, at any reasonable time.
Sec. 153510. Statement required in audit report
The corporation shall include in the audit report statement required
under section 10101(b)(1)(B) of this title a schedule of all contracts
requiring payments greater than $10,000 and all payments of compensation
or fees at a rate of greater than $10,000 a year.
Sec. 153511. Service of process
The corporation shall have a designated agent in the District of
Columbia to receive service of process for the corporation. Notice to or
service on the agent, or mailed to the business address of the agent, is
notice to or service on the corporation.
Sec. 153512. Liability for acts of officers and agents
The corporation is liable for the acts of its officers and agents
acting within the scope of their authority.
Sec. 153513. Distribution of assets on dissolution or final liquidation
(a) Allowable Recipients.--On dissolution or final liquidation of
the corporation, any assets remaining after the discharge of all
liabilities shall be distributed, as decided by the board of trustees,
to--
(1) the United States Government, to be administered by the
Secretary of the Interior under the Act of August 25, 1916 (16
U.S.C. 1 et seq.), known as the National Park Service Organic
Act)); or
(2) a State or local government to be used for a public
purpose.
(b) Restriction.--A distribution under subsection (a) of this
section shall be consistent with the purposes of the corporation and in
compliance with the charter and bylaws.
CHAPTER 1537--NATIONAL WOMAN'S RELIEF CORPS, AUXILIARY TO THE GRAND ARMY
OF THE REPUBLIC
Sec.
153701. Organization.
153702. Purposes.
153703. Membership.
153704. Governing body.
153705. Powers.
153706. Exclusive right to name, seals, emblems, and badges.
153707. Restrictions.
153708. Principal office.
153709. Records and inspection.
153710. Service of process.
153711. Liability for acts of officers and agents.
153712. Annual report.
153713. Distribution of assets on dissolution or final liquidation.
[[Page 112 STAT. 1428]]
Sec. 153701. Organization
(a) Federal Charter.--National Woman's Relief Corps, Auxiliary to
the Grand Army of the Republic (in this chapter, the ``corporation''),
is a federally chartered corporation.
(b) Place of Incorporation and Domicile.--The corporation is
declared to be incorporated and domiciled in the District of Columbia.
(c) Perpetual Existence.--Except as otherwise provided, the
corporation has perpetual existence.
Sec. 153702. Purposes
The purposes of the corporation are--
(1) to perpetuate the memory of the Grand Army of the
Republic, as the National Woman's Relief Corps is its auxiliary
and was organized at its request in 1883, and of the men who
saved the Union in 1861 to 1865;
(2) to assist in every practicable way in preserving, and
making available for research, documents and records pertaining
to the Grand Army of the Republic and its members;
(3) to cooperate in doing honor to all those who have served
our country patriotically in any war;
(4) to teach patriotism, the duties of citizenship, the true
history of our country, and the love and honor of our flag;
(5) to oppose every tendency or movement that would weaken
loyalty to, destroy, or impair our constitutional Union; and
(6) to inculcate and broadly sustain the American principles
of representative government, equal rights, and impartial
justice for all.
Sec. 153703. Membership
Except as provided in this chapter, eligibility for membership in
the corporation and the rights, privileges, and designation of classes
of members are as provided in the constitution and bylaws of the
corporation. Eligibility for membership is limited to--
(1) women who are the wives, mothers, daughters, and sisters
of Union soldiers, sailors, and marines; and
(2) other loyal women who have not given aid or comfort to
the enemies of the United States of America.
Sec. 153704. Governing body
(a) National Convention.--(1) The national convention is the supreme
governing authority of the corporation.
(2) The national convention is composed of officers and elected
representatives from the States as provided by the regulations of the
corporation. However, the form of government of the corporation must be
representative of the membership at large and may not permit
concentration of control in a limited number of members or in a self-
perpetuating group not representative of the membership at large.
(3) The meetings of the national convention may be held in the
District of Columbia or in any State.
(4) During the intervals between the convention, the executive
officers are the governing board of the corporation and are responsible
for the general policies, program, and activities of the corporation.
[[Page 112 STAT. 1429]]
(b) Council of Administration.--The council of administration of the
corporation shall consist of at least 7 members elected in the manner
and for the term provided in the constitution and bylaws of the
corporation.
(c) Officers.--(1) The officers of the corporation are a national
president, senior vice national president, junior vice national
president, secretary, treasurer, and other officers as provided in the
constitution and bylaws. One individual may hold the offices of
secretary and treasurer.
(2) The titles, manner of election, term of office, and duties of
the officers are as provided in the constitution and bylaws.
Sec. 153705. Powers
The corporation may--
(1) adopt and amend a constitution and bylaws for the
management of its property and the regulation of its affairs;
(2) adopt and alter a corporate seal;
(3) choose officers as the corporation requires;
(4) make contracts;
(5) acquire, own, lease, encumber, and transfer property as
necessary or convenient to carry out the purposes of the
corporation; and
(6) sue and be sued.
Sec. 153706. Exclusive right to name, seals, emblems, and badges
The corporation and its subordinate corps have the exclusive right
to use the name ``National Woman's Relief Corps, Auxiliary to the Grand
Army of the Republic''. The corporation has the exclusive right to use
and to allow others to use seals, emblems, and badges the corporation
adopts.
Sec. 153707. Restrictions
(a) Stock and Dividends.--The corporation may not issue stock or
declare or pay a dividend.
(b) Political Activities.--The corporation or an officer or agent as
such may not contribute to, support, or assist a political party or
candidate for public office.
(c) Distribution of Income or Assets.--The income or assets of the
corporation may not inure to the benefit of, or be distributed to, an
officer or member during the life of the corporation or on its
dissolution or final liquidation. This subsection does not prevent the
payment of reasonable compensation to an officer or reimbursement for
actual necessary expenses in amounts approved by the council of
administration of the corporation.
(d) Loans.--The corporation may not make a loan or advance to an
officer or member of the corporation. Members of the council of
administration who vote for or assent to making a loan or advance to an
officer or member, and officers who participate in making the loan or
advance, are jointly and severally liable to the corporation for the
amount of the loan or advance until it is repaid.
Sec. 153708. Principal office
The principal office of the corporation shall be in Springfield,
Illinois. However, the activities of the corporation are not confined
[[Page 112 STAT. 1430]]
to Springfield but may be conducted throughout the States of the United
States and the District of Columbia.
Sec. 153709. Records and inspection
(a) Records.--The corporation shall keep--
(1) correct and complete records of account; and
(2) minutes of the proceedings of its national convention.
(b) Inspection.--A member, or an agent or attorney of the member,
may inspect the records of the corporation for any proper purpose, at
any reasonable time.
Sec. 153710. Service of process
The corporation shall have a designated agent in the District of
Columbia to receive service of process, notice, or demand for the
corporation. Designation of the agent shall be filed in the office of
the Mayor of the District of Columbia or another office designated by
the Mayor. Notice to or service on the agent is notice to or service on
the corporation.
Sec. 153711. Liability for acts of officers and agents
The corporation is liable for the acts of its officers and agents
acting within the scope of their authority.
Sec. 153712. Annual report
Not later than 6 months after the end of each fiscal year, the
corporation shall submit a report to Congress on the activities of the
corporation during the prior fiscal year. The report may consist of a
report on the proceedings of the national convention during that fiscal
year. The report may not be printed as a public document.
Sec. 153713. Distribution of assets on dissolution or final
liquidation
On dissolution or final liquidation of the corporation, its assets
shall be distributed as follows:
(1) All liabilities shall be paid and discharged, or
adequate provision for payment and discharge shall be made.
(2) Assets held on condition requiring return or transfer on
dissolution of the corporation shall be returned or transferred
as required by the condition.
(3) Assets received and held subject to a limitation
permitting use only for charitable, religious, benevolent,
educational, or similar purposes, but not held on a condition
requiring return or transfer on dissolution of the corporation,
shall be transferred to one or more appropriate domestic or
foreign corporations, societies, or organizations under a plan
of distribution adopted as provided in this chapter.
(4) Other assets shall be distributed as provided by the
articles of incorporation or bylaws to the extent that the
articles or bylaws provide the distributive rights of members,
or any class of members, or provide for distribution to others.
(5) Any remaining assets may be distributed to persons,
societies, organizations, or domestic or foreign corporations
engaged in activities not for profit, as provided in a plan of
distribution adopted by the council of administration of the
corporation and in compliance with the constitution and bylaws
of the corporation.
[[Page 112 STAT. 1431]]
CHAPTER 1539--THE NATIONAL YOEMEN F
Sec.
153901. Organization.
153902. Purposes.
153903. Powers.
153904. Deposit of historical material.
Sec. 153901. Organization
The National Yoemen F (in this chapter, the ``corporation'') is a
body corporate and politic in the District of Columbia.
Sec. 153902. Purposes
The purposes of the corporation are patriotic, historical, and
educational and are--
(1) to foster and perpetuate the memory of the service of
Yoemen (f ) in the United States Naval Reserve Force of the
United States Navy during World War I;
(2) to preserve the memories and incidents of their
association in World War I by the encouragement of historical
research concerning the service of Yoemen (f );
(3) to cherish, maintain, and extend the institutions of
American freedom by the promotion of celebrations of all
patriotic anniversaries;
(4) to foster true patriotism and love of country; and
(5) to aid in securing for mankind all the blessings of
liberty.
Sec. 153903. Powers
The corporation may--
(1) adopt a constitution and bylaws;
(2) adopt a seal; and
(3) hold real and personal property in the United States,
but only to the extent necessary to carry out the purposes of
the corporation and only in an amount not more than $50,000.
Sec. 153904. Deposit of historical material
The Regents of the Smithsonian Institution may permit the
corporation to deposit its collections, manuscripts, books, pamphlets,
and other material for history in the Smithsonian Institution or in the
National Museum, on conditions and under rules they prescribe.
CHAPTER 1541--NAVAL SEA CADET CORPS
Sec.
154101. Organization.
154102. Purposes.
154103. Membership.
154104. Governing body.
154105. Powers.
154106. Exclusive right to name, insignia, emblems, badges, marks, and
words.
154107. Restrictions.
154108. Principal office.
154109. Records and inspection.
154110. Service of process.
154111. Liability for acts of officers and agents.
154112. Annual report.
154113. Distribution of assets on dissolution or final liquidation.
[[Page 112 STAT. 1432]]
Sec. 154101. Organization
(a) Federal Charter.--Naval Sea Cadet Corps (in this chapter, the
``corporation'') is a federally chartered corporation.
(b) Perpetual Existence.--Except as otherwise provided, the
corporation has perpetual existence.
Sec. 154102. Purposes
The purposes of the corporation are, through organization and
cooperation with the Department of the Navy--
(1) to encourage and aid American young people to develop an
interest and skill in basic seamanship and in its naval
adaptations;
(2) to train them in seagoing skills; and
(3) to teach them patriotism, courage, self-reliance, and
kindred virtues.
Sec. 154103. Membership
Except as provided in this chapter, eligibility for membership in
the corporation and the rights, privileges, and designation of classes
of members are as provided in the constitution and bylaws of the
corporation.
Sec. 154104. Governing body
(a) Board of Directors.--(1) The board of directors is the governing
body of the corporation. The board is responsible for the general
policies and program of the corporation and the control of all funds of
the corporation.
(2) The number of directors, their manner of selection (including
the filling of vacancies), and their term of office are as provided in
the constitution and bylaws. However, the board shall have at least 10
but not more than 25 directors.
(b) Officers.--(1) The officers of the corporation are a president,
one or more vice presidents as provided in the constitution and bylaws,
a secretary, a treasurer, and other officers as provided in the
constitution and bylaws.
(2) The manner of election, term of office, and duties of the
officers are as provided in the constitution and bylaws.
Sec. 154105. Powers
The corporation may--
(1) adopt and amend a constitution and bylaws for the
management of its property and the regulation of its affairs;
(2) adopt and alter a corporate seal;
(3) choose officers, managers, employees, and agents as the
activities of the corporation require;
(4) make contracts;
(5) acquire, own, lease, encumber, and transfer property as
necessary or convenient to carry out the purposes of the
corporation;
(6) borrow money, issue instruments of indebtedness, and
secure its obligations by granting security interests in its
property; and
(7) sue and be sued.
[[Page 112 STAT. 1433]]
Sec. 154106. Exclusive right to name, insignia, emblems, badges, marks,
and words
The corporation has the exclusive right to use the name ``Naval Sea
Cadet Corps'' and distinctive insignia, emblems, and badges, descriptive
or designating marks, and words or phrases required to carry out the
duties and powers of the corporation. This section does not affect any
vested rights.
Sec. 154107. Restrictions
(a) Stock and Dividends.--The corporation may not issue stock or
declare or pay a dividend.
(b) Political Activities.--The corporation or a director or officer
as such may not contribute to, support, or assist a political party or
candidate for public office.
(c) Distribution of Income or Assets.--The income or assets of the
corporation may not inure to the benefit of, or be distributed to, a
director, officer, or member during the life of the corporation or on
its dissolution or final liquidation. This subsection does not prevent
the payment of compensation to an officer in an amount approved by the
board of directors.
(d) Loans.--The corporation may not make a loan or advance to a
director, officer, or employee. Directors who vote for or assent to
making a loan or advance to a director, officer, or employee, and
officers who participate in making the loan or advance, are jointly and
severally liable to the corporation for the amount of the loan or
advance until it is repaid.
Sec. 154108. Principal office
The principal office of the corporation shall be in Tacoma,
Washington, or another place decided by the board of directors. However,
the activities of the corporation are not confined to the place where
the principal office is located but may be conducted throughout the
States, territories, and possessions of the United States.
Sec. 154109. Records and inspection
(a) Records.--The corporation shall keep--
(1) correct and complete records of account;
(2) minutes of the proceedings of its members, board of
directors, and committees having any of the authority of its
board of directors; and
(3) at its principal office, a record of the names and
addresses of its members entitled to vote.
(b) Inspection.--A member entitled to vote, or an agent or attorney
of the member, may inspect the records of the corporation for any proper
purpose, at any reasonable time.
Sec. 154110. Service of process
The corporation shall have a designated agent in the District of
Columbia to receive service of process for the corporation. Notice to or
service on the agent, or mailed to the business address of the agent, is
notice to or service on the corporation.
Sec. 154111. Liability for acts of officers and agents
The corporation is liable for the acts of its officers and agents
acting within the scope of their authority.
[[Page 112 STAT. 1434]]
Sec. 154112. Annual report
The corporation shall submit an annual report to the Secretary of
the Navy on the activities of the corporation during the prior calendar
year. The Secretary shall communicate to Congress any part of the report
that the Secretary considers appropriate.
Sec. 154113. Distribution of assets on dissolution or final liquidation
On dissolution or final liquidation of the corporation, any assets
remaining after the discharge of all liabilities shall be distributed as
provided by the board of directors, but in compliance with the
constitution and bylaws of the corporation.
CHAPTER 1543--NAVY CLUB OF THE UNITED STATES OF AMERICA
Sec.
154301. Organization.
154302. Purposes.
154303. Powers.
154304. Annual report.
Sec. 154301. Organization
(a) Federal Charter.--Navy Club of the United States of America (in
this chapter, the ``corporation'') is a federally chartered corporation.
(b) Perpetual Existence.--Except as otherwise provided, the
corporation has perpetual existence.
Sec. 154302. Purposes
The purposes of the corporation are--
(1) to encourage, promote, and maintain comradeship among
individuals who are or have been in the active service of the
United States Navy, the United States Marine Corps, or the
United States Coast Guard;
(2) to revere, honor, and perpetuate the memory of
individuals described in paragraph (1) of this section who have
departed this life;
(3) to promote and encourage further public interest in the
United States Navy, the United States Marine Corps, and the
United States Coast Guard, and the history of those
organizations;
(4) to uphold the spirit and ideals of the United States
Navy, the United States Marine Corps, and the United States
Coast Guard;
(5) to promote the ideals of American freedom and democracy
and to fit its members for the duties of citizenship and to
encourage them to serve as ably as citizens as they have served
the Nation under arms; and
(6) to maintain true allegiance to American institutions.
Sec. 154303. Powers
The corporation may--
(1) adopt and amend bylaws;
(2) adopt and alter a corporate seal;
(3) appoint or elect officers and agents;
[[Page 112 STAT. 1435]]
(4) choose a board of trustees, consisting of at least 5 but
not more than 15 individuals, to conduct the business and
exercise the powers of the corporation;
(5) establish and maintain offices to conduct its
activities;
(6) acquire, own, lease, encumber, and transfer property as
necessary or appropriate to carry out the purposes of the
corporation;
(7) charge and collect membership dues and receive
contributions of money or property to be devoted to carrying out
the purposes of the corporation;
(8) sue and be sued; and
(9) do any other act necessary or appropriate to carry out
the purposes of the corporation.
Sec. 154304. Annual report
Not later than December 1 of each year, the corporation shall submit
a report to Congress on the activities of the corporation during the
prior calendar year. The report may not be printed as a public document.
CHAPTER 1545--NAVY WIVES CLUBS OF AMERICA
Sec.
154501. Definition.
154502. Organization.
154503. Purposes.
154504. Membership.
154505. Governing body.
154506. Powers.
154507. Restrictions.
154508. Duty to maintain corporate and tax-exempt status.
154509. Records and inspection.
154510. Service of process.
154511. Liability for acts of officers and agents.
154512. Annual report.
Sec. 154501. Definition
For purposes of this chapter, ``State'' includes the District of
Columbia and the territories and possessions of the United States.
Sec. 154502. Organization
(a) Federal Charter.--Navy Wives Clubs of America (in this chapter,
the ``corporation''), incorporated in California, is a federally
chartered corporation.
(b) Expiration of Charter.--If the corporation does not comply with
any provision of this chapter, the charter granted by this chapter
expires.
Sec. 154503. Purposes
The purposes of the corporation are as provided in the articles of
incorporation and include--
(1) supporting the Constitution of the United States;
(2) promoting a friendly relationship between the wives of
enlisted men who are serving in the active United States Navy,
United States Marine Corps, or United States Coast Guard, or in
the Active Reserves of those services; and
(3) performing charitable activities as provided in the
constitution or bylaws of the corporation.
[[Page 112 STAT. 1436]]
Sec. 154504. Membership
Eligibility for membership in the corporation and the rights and
privileges of members are as provided in the bylaws.
Sec. 154505. Governing body
(a) Board of Directors.--The board of directors and the
responsibilities of the board are as provided in the articles of
incorporation.
(b) Officers.--The officers and the election of officers are as
provided in the articles of incorporation.
Sec. 154506. Powers
The corporation has only the powers provided in its bylaws and
articles of incorporation filed in each State in which it is
incorporated.
Sec. 154507. Restrictions
(a) Stock and Dividends.--The corporation may not issue stock or
declare or pay a dividend.
(b) Political Activities.--The corporation or a director or officer
as such may not contribute to, support, or participate in any political
activity or attempt to influence legislation.
(c) Distribution of Income or Assets.--The income or assets of the
corporation may not inure to the benefit of, or be distributed to, a
director, officer, or member during the life of the charter granted by
this chapter. This subsection does not prevent the payment of reasonable
compensation to an officer or reimbursement for actual necessary
expenses in amounts approved by the board of directors.
(d) Loans.--The corporation may not make a loan to a director,
officer, or employee.
(e) Claim of Governmental Approval or Authority.--The corporation
may not claim congressional approval or the authority of the United
States Government for any of its activities.
Sec. 154508. Duty to maintain corporate and tax-exempt status
(a) Corporate Status.--The corporation shall maintain its status as
a corporation incorporated under the laws of each State in which it is
incorporated.
(b) Tax-Exempt Status.--The corporation shall maintain its status as
an organization exempt from taxation under the Internal Revenue Code of
1986 (26 U.S.C. 1 et seq.).
Sec. 154509. Records and inspection
(a) Records.--The corporation shall keep--
(1) correct and complete records of account;
(2) minutes of the proceedings of its members, board of
directors, and committees having any of the authority of its
board of directors; and
(3) at its principal office, a record of the names and
addresses of its members entitled to vote.
(b) Inspection.--A member entitled to vote, or an agent or attorney
of the member, may inspect the records of the corporation for any proper
purpose, at any reasonable time.
[[Page 112 STAT. 1437]]
Sec. 154510. Service of process
The corporation shall comply with the law on service of process of
each State in which it is incorporated and each State in which it
carries on activities.
Sec. 154511. Liability for acts of officers and agents
The corporation is liable for the acts of its officers and agents
acting within the scope of their authority.
Sec. 154512. Annual report
The corporation shall submit an annual report to Congress on the
activities of the corporation during the prior fiscal year. The report
shall be submitted at the same time as the report of the audit required
by section 10101 of this title. The report may not be printed as a
public document.
CHAPTER 1547--NON COMMISSIONED OFFICERS
ASSOCIATION OF THE UNITED STATES OF AMERICA, INCORPORATED
Sec.
154701. Definition.
154702. Organization.
154703. Purposes.
154704. Membership.
154705. Governing body.
154706. Powers.
154707. Exclusive right to name, seals, emblems, and badges.
154708. Restrictions.
154709. Duty to maintain tax-exempt status.
154710. Records and inspection.
154711. Service of process.
154712. Liability for acts of officers and agents.
154713. Annual report.
Sec. 154701. Definition
For purposes of this chapter, ``State'' includes the District of
Columbia and the territories and possessions of the United States.
Sec. 154702. Organization
(a) Federal Charter.--Non Commissioned Officers Association of the
United States of America, Incorporated (in this chapter, the
``corporation''), a nonprofit corporation incorporated in Texas, is a
federally chartered corporation.
(b) Expiration of Charter.--If the corporation does not comply with
any provision of this chapter, the charter granted by this chapter
expires.
Sec. 154703. Purposes
The purposes of the corporation are as provided in the bylaws and
articles of incorporation and include--
(1) upholding and defending the Constitution of the United
States;
(2) promoting health, prosperity, and scholarship among its
members and their dependents and survivors through benevolent
programs;
(3) assisting veterans and their dependents and survivors
through a service program established for that purpose;
(4) improving conditions for service members, veterans, and
their dependents and survivors; and
[[Page 112 STAT. 1438]]
(5) fostering fraternal and social activities among its
members in recognition that cooperative action is required for
the furtherance of their common interests.
Sec. 154704. Membership
(a) Eligibility.--Except as provided in this chapter, eligibility
for membership in the corporation and the rights and privileges of
members are as provided in the constitution and bylaws of the
corporation.
(b) Nondiscrimination.--The terms of membership may not discriminate
on the basis of race, color, religion, sex, disability, age, or national
origin.
Sec. 154705. Governing body
(a) Board of Directors.--The board of directors and the
responsibilities of the board are as provided in the articles of
incorporation.
(b) Officers.--The officers and the election of officers are as
provided in the articles of incorporation.
(c) Nondiscrimination.--The requirements for serving as a director
or officer may not discriminate on the basis of race, color, religion,
sex, disability, age, or national origin.
Sec. 154706. Powers
The corporation has only the powers provided in its bylaws and
articles of incorporation filed in each State in which it is
incorporated.
Sec. 154707. Exclusive right to name, seals, emblems, and badges
The corporation has the exclusive right to use the names ``The Non
Commissioned Officers Association of the United States of America'',
``Non Commissioned Officers Association of the United States of
America'', ``Non Commissioned Officers Association'', and ``NCOA'', and
seals, emblems, and badges the corporation adopts. This section does not
affect any vested rights.
Sec. 154708. Restrictions
(a) Stock and Dividends.--The corporation may not issue stock or
declare or pay a dividend.
(b) Distribution of Income or Assets.--The income or assets of the
corporation may not inure to the benefit of, or be distributed to, a
director, officer, or member during the life of the charter granted by
this chapter. This subsection does not prevent the payment of reasonable
compensation to an officer or reimbursement for actual necessary
expenses in amounts approved by the board of directors.
(c) Loans.--The corporation may not make a loan to a director,
officer, or employee.
(d) Claim of Governmental Approval or Authority.--The corporation
may not claim congressional approval or the authority of the United
States Government for any of its activities.
Sec. 154709. Duty to maintain tax-exempt status
The corporation shall maintain its status as an organization exempt
from taxation under the Internal Revenue Code of 1986 (26 U.S.C. 1 et
seq.).
[[Page 112 STAT. 1439]]
Sec. 154710. Records and inspection
(a) Records.--The corporation shall keep--
(1) correct and complete records of account;
(2) minutes of the proceedings of its members, board of
directors, and committees having any of the authority of its
board of directors; and
(3) at its principal office, a record of the names and
addresses of its members entitled to vote.
(b) Inspection.--A member entitled to vote, or an agent or attorney
of the member, may inspect the records of the corporation for any proper
purpose, at any reasonable time.
Sec. 154711. Service of process
The corporation shall comply with the law on service of process of
each State in which it is incorporated and each State in which it
carries on activities.
Sec. 154712. Liability for acts of officers and agents
The corporation is liable for the acts of its officers and agents
acting within the scope of their authority.
Sec. 154713. Annual report
The corporation shall submit an annual report to Congress on the
activities of the corporation during the prior fiscal year. The report
shall be submitted at the same time as the report of the audit required
by section 10101 of this title. The report may not be printed as a
public document.
CHAPTER 1601--[RESERVED]
CHAPTER 1701--PARALYZED VETERANS OF AMERICA
Sec.
170101. Organization.
170102. Purposes.
170103. Membership.
170104. Powers.
170105. Exclusive right to name, seals, emblems, and badges.
170106. Restrictions.
170107. Headquarters and principal place of business.
170108. Records and inspection.
170109. Service of process.
170110. Liability for acts of officers and agents.
170111. Distribution of assets on dissolution or final liquidation.
Sec. 170101. Organization
(a) Federal Charter.--Paralyzed Veterans of America (in this
chapter, the ``corporation'') is a federally chartered corporation.
(b) Perpetual Existence.--Except as otherwise provided, the
corporation has perpetual existence.
Sec. 170102. Purposes
The purposes of the corporation are--
(1) to preserve the great and basic truths and enduring
principles on which this Nation was founded;
(2) to form a national association for the benefit of
individuals who have suffered injuries or diseases of the spinal
cord;
(3) to acquaint the public with the needs and problems of
paraplegics;
[[Page 112 STAT. 1440]]
(4) to promote medical research in the several fields
connected with injuries and diseases of the spinal cord,
including research in neurosurgery and orthopedics and in
genitourinary and orthopedic appliances; and
(5) to advocate and foster complete and effective
reconditioning programs for paraplegics, including a thorough
physical reconditioning program, physiotherapy, competent
walking instructions, adequate guidance (both vocational and
educational), academic and vocational education (both in
hospitals and in educational institutions), psychological
orientation and readjustment to family and friends, and
occupational therapy (both functional and diversional).
Sec. 170103. Membership
An individual is eligible for membership in the corporation if the
individual--
(1) is a citizen of the United States;
(2) was regularly enlisted, inducted, or commissioned, and
was accepted for or on active duty, in the Army, Navy, Marine
Corps, Air Force, or Coast Guard of the United States or an ally
of the United States;
(3)(A) was separated from service in the Armed Forces under
conditions other than dishonorable; or
(B) is on active duty or must continue to serve after the
cessation of hostilities; and
(4) has suffered a spinal cord injury or disease, whether or
not service connected in origin.
Sec. 170104. Powers
(a) Specific Powers.--The corporation may--
(1) adopt and amend a constitution and bylaws;
(2) adopt and alter a corporate seal, emblems, and badges;
(3) choose officers, representatives, and agents as
necessary to carry out the purposes of the corporation;
(4) make contracts;
(5) accept gifts, legacies, and devises that will further
the purposes of the corporation;
(6) acquire, own, lease, encumber, and transfer property as
necessary to carry out the purposes of the corporation;
(7) borrow money, issue instruments of indebtedness, and
secure its obligations by granting security interests in its
property;
(8) establish, regulate, and discontinue subordinate State
and regional organizations and local chapters or posts;
(9) establish and maintain offices to conduct the affairs of
the corporation;
(10) publish a magazine, newspaper, and other publications;
(11) sue and be sued; and
(12) do any other act necessary and proper to carry out the
purposes of the corporation.
(b) Privileges of Other National Veterans' Organizations.--
Privileges granted to other national veterans' organizations as a result
of their being incorporated by Congress are also granted to the
corporation.
[[Page 112 STAT. 1441]]
Sec. 170105. Exclusive right to name, seals, emblems, and badges
The corporation and its State and regional organizations and local
chapters or posts have the exclusive right to use the name ``Paralyzed
Veterans of America'' and seals, emblems, and badges the corporation
lawfully adopts.
Sec. 170106. Restrictions
(a) Profit.--The corporation may not engage in business for profit.
(b) Stock.--The corporation may not issue stock.
(c) Political Activities.--The corporation shall be nonpolitical and
may not provide financial aid to, or otherwise promote the candidacy of,
an individual seeking public office.
(d) Distribution of Income or Assets.--The income or assets of the
corporation may not inure to the benefit of, or be distributed to, a
director, officer, member, or employee during the life of the
corporation or on its dissolution or final liquidation. This subsection
does not prevent the payment of reasonable compensation to an officer or
employee or reimbursement for actual necessary expenses in amounts
approved by the board of directors.
(e) Loans.--The corporation may not make a loan to a director,
officer, member, or employee. Directors who vote for or assent to making
such a loan, and officers who participate in making the loan, are
jointly and severally liable to the corporation for the amount of the
loan until it is repaid.
Sec. 170107. Headquarters and principal place of business
The headquarters and principal place of business of the corporation
shall be in the District of Columbia. However, the activities of the
corporation are not confined to the District of Columbia but may be
conducted throughout the States, territories, and possessions of the
United States.
Sec. 170108. Records and inspection
(a) Records.--The corporation shall keep--
(1) correct and complete records of account;
(2) minutes of the proceedings of its members, executive
committee, and committees having any of the authority of its
executive committee; and
(3) at its principal office, a record of the names and
addresses of its members entitled to vote.
(b) Inspection.--A member entitled to vote, or an agent or attorney
of the member, may inspect the records of the corporation for any proper
purpose, at any reasonable time.
Sec. 170109. Service of process
As a condition to the exercise of any power or privilege granted by
this chapter, the corporation shall file, with the secretary of state or
other designated official of each State, territory, or possession of the
United States in which an organization, chapter, or post is organized,
the name and address of an agent in that State, territory, or possession
on whom legal process or demands against the corporation may be served.
[[Page 112 STAT. 1442]]
Sec. 170110. Liability for acts of officers and agents
The corporation is liable for the acts of its officers and agents
acting within the scope of their authority.
Sec. 170111. Distribution of assets on dissolution or final
liquidation
On dissolution or final liquidation of the corporation, any assets
remaining after the discharge or satisfactory provision for discharge of
all liabilities shall be transferred to the Secretary of Veterans
Affairs to be applied to the care and comfort of paralyzed veterans.
CHAPTER 1703--PEARL HARBOR SURVIVORS ASSOCIATION
Sec.
170301. Definition.
170302. Organization.
170303. Purposes.
170304. Membership.
170305. Governing body.
170306. Powers.
170307. Exclusive right to name, seals, emblems, and badges.
170308. Restrictions.
170309. Duty to maintain tax-exempt status.
170310. Records and inspection.
170311. Service of process.
170312. Liability for acts of officers and agents.
170313. Annual report.
Sec. 170301. Definition
For purposes of this chapter, ``State'' includes the District of
Columbia and the territories and possessions of the United States.
Sec. 170302. Organization
(a) Federal Charter.--Pearl Harbor Survivors Association (in this
chapter, the ``corporation''), a nonprofit corporation incorporated in
Missouri, is a federally chartered corporation.
(b) Expiration of Charter.--If the corporation does not comply with
any provision of this chapter, the charter granted by this chapter
expires.
Sec. 170303. Purposes
The purposes of the corporation are as provided in its articles of
incorporation and include--
(1) upholding and defending the Constitution of the United
States;
(2) collating, preserving, and encouraging the study of
historical episodes, chronicles, mementos, and events pertaining
to ``The Day of Infamy, 7 December 1941'', and in particular
those memories and records of patriotic service performed by the
heroic Pearl Harbor survivors and nonsurvivors;
(3) shielding from neglect the graves, past and future, of
those who served at Pearl Harbor on that day;
(4) stimulating communities and political subdivisions into
taking more interest in the affairs and future of the United
States to keep our Nation alert;
(5) fighting unceasingly for our national security to
protect the United States from enemies within and without our
borders;
(6) preserving the American way of life and fostering the
spirit and practice of Americanism; and
[[Page 112 STAT. 1443]]
(7) instilling love of country and flag and promoting
soundness of mind and body in the youth of our Nation.
Sec. 170304. Membership
(a) Eligibility.--Eligibility for membership in the corporation and
the rights and privileges of members are as provided in the constitution
and bylaws of the corporation.
(b) Nondiscrimination.--The terms of membership may not discriminate
on the basis of race, color, religion, or national origin.
Sec. 170305. Governing body
(a) Board of Directors.--The board of directors and the
responsibilities of the board are as provided in the articles of
incorporation.
(b) Officers.--The officers and the election of officers are as
provided in the articles of incorporation.
(c) Nondiscrimination.--The requirements for holding office in the
corporation may not discriminate on the basis of race, color, religion,
or national origin.
Sec. 170306. Powers
The corporation has the powers provided in its bylaws and articles
of incorporation filed in the State in which it is incorporated,
including the power to--
(1) adopt and amend a constitution and bylaws for the
management of its property and the regulation of its affairs;
(2) adopt and alter a corporate seal;
(3) adopt emblems and badges;
(4) establish, maintain, and regulate offices to conduct the
affairs of the corporation;
(5) publish a magazine and other publications;
(6) charge and collect membership dues and subscription fees
and receive contributions or grants of money or property to be
used to carry out the purposes of the corporation;
(7) accept gifts, legacies, and devises that will further
the purposes of the corporation;
(8) promote the formation of auxiliaries, the membership
requirements of which shall be as provided in the constitution
and the bylaws of the corporation;
(9) sue and be sued; and
(10) do any other act necessary or desirable to carry out
the purposes of the corporation.
Sec. 170307. Exclusive right to name, seals, emblems, and badges
The corporation and its regional districts and local branches have
the exclusive right to use the name ``Pearl Harbor Survivors
Association'' and seals, emblems, and badges the corporation adopts.
Sec. 170308. Restrictions
(a) Stock and Dividends.--The corporation may not issue stock or
declare or pay a dividend.
(b) Political Activities.--The corporation or a director or officer
as such may not contribute to, support, or participate in any political
activity or in any manner attempt to influence legislation.
[[Page 112 STAT. 1444]]
(c) Distribution of Income or Assets.--The income or assets of the
corporation may not inure to the benefit of, or be distributed to, a
director, officer, or member during the life of the charter granted by
this chapter or on dissolution or final liquidation of the corporation.
This subsection does not prevent the payment of compensation to an
officer or reimbursement for actual necessary expenses in amounts
approved by the board of directors.
(d) Loans.--The corporation may not make a loan to a director,
officer, or employee.
(e) Claim of Governmental Approval or Authorization.--The
corporation may not claim congressional approval or the authority of the
United States Government for any of its activities.
Sec. 170309. Duty to maintain tax-exempt status
The corporation shall maintain its status as an organization exempt
from taxation under the Internal Revenue Code of 1986 (26 U.S.C. 1 et
seq.).
Sec. 170310. Records and inspection
(a) Records.--The corporation shall keep--
(1) correct and complete records of account;
(2) minutes of the proceedings of its members, board of
directors, and committees having any of the authority of its
board of directors; and
(3) at its principal office, a record of the names and
addresses of its members entitled to vote.
(b) Inspection.--A member entitled to vote, or an agent or attorney
of the member, may inspect the records of the corporation for any proper
purpose, at any reasonable time.
Sec. 170311. Service of process
The corporation shall comply with the law on service of process of
each State in which it is incorporated and each State in which it
carries on activities.
Sec. 170312. Liability for acts of officers and agents
The corporation is liable for the acts of its officers and agents
acting within the scope of their authority.
Sec. 170313. Annual report
The corporation shall submit an annual report to Congress on the
activities of the corporation during the prior fiscal year. The report
shall be submitted at the same time as the report of the audit required
by section 10101 of this title. The report may not be printed as a
public document.
CHAPTER 1705--POLISH LEGION OF AMERICAN VETERANS, U.S.A.
Sec.
170501. Definition.
170502. Organization.
170503. Purposes.
170504. Membership.
170505. Governing body.
170506. Powers.
170507. Restrictions.
170508. Duty to maintain tax-exempt status.
170509. Records and inspection.
[[Page 112 STAT. 1445]]
170510. Service of process.
170511. Liability for acts of officers and agents.
170512. Annual report.
Sec. 170501. Definition
For purposes of this chapter, ``State'' includes the District of
Columbia and the territories and possessions of the United States.
Sec. 170502. Organization
(a) Federal Charter.--Polish Legion of American Veterans, U.S.A. (in
this chapter, the ``corporation''), a nonprofit corporation incorporated
in Illinois, is a federally chartered corporation.
(b) Expiration of Charter.--If the corporation does not comply with
any provision of this chapter, the charter granted by this chapter
expires.
Sec. 170503. Purposes
The purposes of the corporation are as provided in its articles of
incorporation. The corporation shall function as a veterans' and
patriotic organization as authorized by the laws of each State in which
it is incorporated.
Sec. 170504. Membership
(a) Eligibility.--Except as provided in this chapter, eligibility
for membership in the corporation and the rights and privileges of
members are as provided in the constitution and bylaws of the
corporation.
(b) Nondiscrimination.--The terms of membership may not discriminate
on the basis of race, color, religion, or national origin.
Sec. 170505. Governing body
(a) Board of Directors.--The board of directors and the
responsibilities of the board are as provided in the articles of
incorporation.
(b) Officers.--The officers and the election of officers are as
provided in the articles of incorporation.
(c) Nondiscrimination.--The requirements for holding office in the
corporation may not discriminate on the basis of race, color, religion,
or national origin.
Sec. 170506. Powers
The corporation has only the powers provided in its bylaws and
articles of incorporation filed in each State in which it is
incorporated.
Sec. 170507. Restrictions
(a) Stock and Dividends.--The corporation may not issue stock or
declare or pay a dividend.
(b) Political Activities.--The corporation or a director or officer
as such may not contribute to, support, or participate in any political
activity or in any manner attempt to influence legislation.
(c) Distribution of Income or Assets.--The income or assets of the
corporation may not inure to the benefit of, or be distributed to, a
director, officer, or member during the life of the charter granted by
this chapter. This subsection does not prevent the payment of reasonable
compensation to an officer or reimbursement
[[Page 112 STAT. 1446]]
for actual necessary expenses in amounts approved by the board of
directors.
(d) Loans.--The corporation may not make a loan to a director,
officer, or employee.
(e) Claim of Governmental Approval or Authorization.--The
corporation may not claim congressional approval or the authority of the
United States Government for any of its activities.
Sec. 170508. Duty to maintain tax-exempt status
The corporation shall maintain its status as an organization exempt
from taxation under the Internal Revenue Code of 1986 (26 U.S.C. 1 et
seq.).
Sec. 170509. Records and inspection
(a) Records.--The corporation shall keep--
(1) correct and complete records of account;
(2) minutes of the proceedings of its members, board of
directors, and committees having any of the authority of its
board of directors; and
(3) at its principal office, a record of the names and
addresses of its members entitled to vote.
(b) Inspection.--A member entitled to vote, or an agent or attorney
of the member, may inspect the records of the corporation for any proper
purpose, at any reasonable time.
Sec. 170510. Service of process
The corporation shall comply with the law on service of process of
each State in which it is incorporated and each State in which it
carries on activities.
Sec. 170511. Liability for acts of officers and agents
The corporation is liable for the acts of its officers and agents
acting within the scope of their authority.
Sec. 170512. Annual report
The corporation shall submit an annual report to Congress on the
activities of the corporation during the prior fiscal year. The report
shall be submitted at the same time as the report of the audit required
by section 10101 of this title. The report may not be printed as a
public document.
CHAPTER 1801--[RESERVED]
CHAPTER 1901--RESERVE OFFICERS ASSOCIATION OF THE UNITED STATES
Sec.
190101. Organization.
190102. Purposes.
190103. Membership.
190104. Governing body.
190105. Powers.
190106. Exclusive right to name, seals, emblems, and badges.
190107. Restrictions.
190108. Headquarters.
190109. Records and inspection.
190110. Service of process.
190111. Liability for acts of officers and agents.
190112. Distribution of assets on dissolution or final liquidation.
[[Page 112 STAT. 1447]]
Sec. 190101. Organization
(a) Federal Charter.--Reserve Officers Association of the United
States (in this chapter, the ``corporation'') is a federally chartered
corporation.
(b) Perpetual Existence.--Except as otherwise provided, the
corporation has perpetual existence.
Sec. 190102. Purposes
The purposes of the corporation are to support and promote the
development and execution of a military policy for the United States
that will provide adequate national security.
Sec. 190103. Membership
(a) Eligibility.--Eligibility for membership in the corporation is
as provided in the constitution and bylaws of the corporation.
(b) Voting.--Each active member of a department or chapter has one
vote in the conduct of official business of that department or chapter.
Sec. 190104. Governing body
(a) National Convention.--The corporation shall hold an annual
national convention. The national convention shall be composed of
delegates elected by the various departments.
(b) National Executive Committee.--(1) The national executive
committee is the governing body of the corporation.
(2) The national executive committee consists of the president, the
last past president, 3 vice presidents, 3 junior vice presidents, 3
national executive committee members, and the executive director. Each
of these individuals, except the executive director, has one vote on
each matter decided by the committee.
(c) Officers.--(1) The officers of the corporation are a president,
3 vice presidents, 3 junior vice presidents, 3 national executive
committee members, an executive director, a national treasurer, a judge
advocate, a surgeon, a chaplain, a historian, a public relations
officer, and other officers as decided at the national convention.
(2) The national officers of the corporation shall be elected at the
annual national convention, except for the executive director, the
national treasurer, and the national public relations officer, who shall
be appointed by the national executive committee.
(3) The elected officers shall hold office for one year or until
their successors have been elected and qualified.
(d) Vacancies.--(1) Except for the positions of president and last
past president, a vacancy on the national executive committee shall be
filled by the existing members of the committee. An individual appointed
by the committee to fill a vacancy serves until the next national
convention when the individual's successor shall be elected for the
unexpired term, if any, caused by the vacancy.
(2) If the president is absent or the office of president is vacant,
the national vice president of the same service as the president shall
act as president.
Sec. 190105. Powers
The corporation may--
(1) adopt and amend a constitution and bylaws;
(2) adopt and alter a corporate seal;
(3) adopt and alter emblems and badges;
[[Page 112 STAT. 1448]]
(4) acquire, own, lease, encumber, and transfer property as
necessary to carry out the purposes of the corporation;
(5) publish a magazine, newspaper, and other publications;
(6) establish, regulate, and discontinue subordinate
departmental subdivisions and local chapters;
(7) sue and be sued; and
(8) do any other act necessary and proper to carry out the
purposes of the corporation.
Sec. 190106. Exclusive right to name, seals, emblems, and badges
The corporation and its subordinate departmental subdivisions and
local chapters have the exclusive right to use the name ``Reserve
Officers Association of the United States'' and seals, emblems, and
badges the corporation adopts.
Sec. 190107. Restrictions
(a) Profit.--The corporation may not engage in business for profit.
(b) Stock.--The corporation may not issue stock.
(c) Political Activities.--The corporation or an officer or member
as such may not contribute to, support, or assist a political party or
candidate for public office.
(d) Distribution of Income or Assets.--The income or assets of the
corporation may not inure to the benefit of, or be distributed to, an
officer or member except on dissolution or final liquidation of the
corporation.
(e) Loans.--The corporation may not make a loan or advance to an
officer or member of the national executive committee. Members of the
national executive committee who vote for or assent to making a loan or
advance to an officer, and officers who participate in making the loan
or advance, are jointly and severally liable to the corporation for the
amount of the loan or advance until it is repaid.
Sec. 190108. Headquarters
The headquarters of the corporation shall be in the District of
Columbia.
Sec. 190109. Records and inspection
(a) Records.--The corporation shall keep--
(1) correct and complete records of account;
(2) minutes of the proceedings of its national conventions,
national executive committee, and national council; and
(3) at its principal office, a record of the names and
addresses of its members entitled to vote.
(b) Inspection.--A member entitled to vote, or an agent or attorney
of the member, may inspect the records of the corporation for any proper
purpose, at any reasonable time.
Sec. 190110. Service of process
(a) District of Columbia.--The corporation shall have a designated
agent in the District of Columbia to receive service of process for the
corporation. Notice to or service on the agent is notice to or service
on the corporation.
(b) States, Territories, and Possessions.--As a condition to the
exercise of any power or privilege granted by this chapter,
[[Page 112 STAT. 1449]]
the corporation shall file, with the secretary of state or other
designated official of each State, territory, or possession of the
United States in which a subordinate department or local chapter is
organized, the name and address of an agent in that State, territory, or
possession on whom legal process or demands against the corporation may
be served.
Sec. 190111. Liability for acts of officers and agents
The corporation is liable for the acts of its officers and agents
acting within the scope of their authority.
Sec. 190112. Distribution of assets on dissolution or final liquidation
On dissolution or final liquidation of the corporation, any assets
remaining after the discharge of all liabilities shall be divided
equally among the then active officers and members.
CHAPTER 1903--RETIRED ENLISTED ASSOCIATION, INCORPORATED
Sec.
190301. Definition.
190302. Organization.
190303. Purposes.
190304. Membership.
190305. Governing body.
190306. Powers.
190307. Exclusive right to name, seals, emblems, and badges.
190308. Restrictions.
190309. Duty to maintain tax-exempt status.
190310. Records and inspection.
190311. Service of process.
190312. Liability for acts of officers and agents.
190313. Annual report.
Sec. 190301. Definition
For purposes of this chapter, ``State'' includes the District of
Columbia and the territories and possessions of the United States.
Sec. 190302. Organization
(a) Federal Charter.--Retired Enlisted Association, Incorporated (in
this chapter, the ``corporation''), a nonprofit corporation incorporated
in Colorado, is a federally chartered corporation.
(b) Expiration of Charter.--If the corporation does not comply with
any provision of this chapter, the charter granted by this chapter
expires.
Sec. 190303. Purposes
The purposes of the corporation are as provided in its articles of
incorporation and bylaws and include--
(1) upholding and defending the Constitution of the United
States;
(2) promoting health, prosperity, and scholarship among its
members and their dependents and survivors through benevolent
programs;
(3) assisting veterans and their dependents and survivors
through a service program established for that purpose;
(4) improving conditions for retired enlisted service
members, veterans, and their dependents and survivors; and
[[Page 112 STAT. 1450]]
(5) fostering fraternal and social activities among its
members in recognition that cooperative action is required for
the furtherance of their common interests.
Sec. 190304. Membership
(a) Eligibility.--Except as provided in this chapter, eligibility
for membership in the corporation and the rights and privileges of
members are as provided in the articles of incorporation and bylaws.
(b) Nondiscrimination.--The terms of membership may not discriminate
on the basis of race, color, religion, sex, disability, age, or national
origin.
Sec. 190305. Governing body
(a) Board of Directors.--The board of directors and the
responsibilities of the board are as provided in the articles of
incorporation.
(b) Officers.--The officers and the election of officers are as
provided in the articles of incorporation.
(c) Nondiscrimination.--The requirements for serving as a director
or officer may not discriminate on the basis of race, color, religion,
sex, disability, age, or national origin.
Sec. 190306. Powers
The corporation has only the powers provided in its bylaws and
articles of incorporation filed in each State in which it is
incorporated.
Sec. 190307. Exclusive right to name, seals, emblems, and badges
The corporation has the exclusive right to use the names ``The
Retired Enlisted Association, Incorporated'', ``The Retired Enlisted
Association'', ``Retired Enlisted Association'', and ``TREA'' and seals,
emblems, and badges the corporation adopts. This section does not affect
any vested rights.
Sec. 190308. Restrictions
(a) Stock and Dividends.--The corporation may not issue stock or
declare or pay a dividend.
(b) Distribution of Income or Assets.--The income or assets of the
corporation may not inure to the benefit of, or be distributed to, a
director, officer, or member during the life of the charter granted by
this chapter. This subsection does not prevent the payment of reasonable
compensation to an officer or reimbursement for actual necessary
expenses in amounts approved by the board of directors.
(c) Loans.--The corporation may not make a loan to a director,
officer, or employee.
(d) Claim of Governmental Approval or Authority.--The corporation
may not claim congressional approval or the authority of the United
States Government for any of its activities.
Sec. 190309. Duty to maintain tax-exempt status
The corporation shall maintain its status as an organization exempt
from taxation under the Internal Revenue Code of 1986 (26 U.S.C. 1 et
seq.).
[[Page 112 STAT. 1451]]
Sec. 190310. Records and inspection
(a) Records.--The corporation shall keep--
(1) correct and complete records of account;
(2) minutes of the proceedings of its members, board of
directors, and committees having any of the authority of its
board of directors; and
(3) at its principal office, a record of the names and
addresses of its members entitled to vote.
(b) Inspection.--A member entitled to vote, or an agent or attorney
of the member, may inspect the records of the corporation for any proper
purpose, at any reasonable time.
Sec. 190311. Service of process
The corporation shall comply with the law on service of process of
each State in which it is incorporated and each State in which it
carries on activities.
Sec. 190312. Liability for acts of officers and agents
The corporation is liable for the acts of its officers and agents
acting within the scope of their authority.
Sec. 190313. Annual report
The corporation shall submit an annual report to Congress on the
activities of the corporation during the prior fiscal year. The report
shall be submitted at the same time as the report of the audit required
by section 10101 of this title. The report may not be printed as a
public document.
CHAPTER 2001--SOCIETY OF AMERICAN FLORISTS AND ORNAMENTAL
HORTICULTURISTS
Sec.
200101. Organization.
200102. Purposes.
200103. Powers.
200104. Restrictions.
200105. Principal office.
200106. Nonapplication of audit requirements.
Sec. 200101. Organization
Society of American Florists and Ornamental Horticulturists (in this
chapter, the ``corporation'') is a body corporate and politic in the
District of Columbia.
Sec. 200102. Purposes
The purposes of the corporation are to educate members of the
florist industry and the public, and to promote scientific development,
in floriculture and horticulture.
Sec. 200103. Powers
The corporation may--
(1) adopt a constitution and bylaws for the management of
its property and the regulation of its affairs; and
(2)(A) hold property, in the District of Columbia or
elsewhere, necessary to carry out the purposes of the
corporation, in an amount not to exceed $1,000,000; and
(B) hold other property donated or bequeathed in any State
or territory of the United States.
[[Page 112 STAT. 1452]]
Sec. 200104. Restrictions
(a) Profit.--The corporation may not operate for profit.
(b) Use of Earnings.--Earnings generated by the corporation may be
used only for the purposes provided in section 200102 of this title.
(c) Use of Property.--Property held by the corporation, and the
proceeds from the property, may be used only for the purposes provided
in section 200102 of this title.
(d) Parks in the District of Columbia.--The corporation may not
occupy any park in the District of Columbia.
Sec. 200105. Principal office
The principal office of the corporation shall be located in the
District of Columbia. However, annual meetings may be held wherever the
corporation decides.
Sec. 200106. Nonapplication of audit requirements
The audit requirements of section 10101 of this title do not apply
to the corporation.
CHAPTER 2003--SONS OF UNION VETERANS OF THE CIVIL WAR
Sec.
200301. Organization.
200302. Purposes.
200303. Membership.
200304. Governing body.
200305. Powers.
200306. Exclusive right to name, seals, emblems, and badges.
200307. Restrictions.
200308. Principal office.
200309. Records and inspection.
200310. Service of process.
200311. Liability for acts of officers and agents.
200312. Annual report.
200313. Distribution of assets on dissolution or final liquidation.
Sec. 200301. Organization
(a) Federal Charter.--Sons of Union Veterans of the Civil War (in
this chapter, the ``corporation'') is a federally chartered corporation.
(b) Place of Incorporation and Domicile.--The corporation is
declared to be incorporated and domiciled in the District of Columbia.
(c) Perpetual Existence.--Except as otherwise provided, the
corporation has perpetual existence.
Sec. 200302. Purposes
The purposes of the corporation are--
(1) to perpetuate the memory of the Grand Army of the
Republic and of the men who saved the Union in 1861 to 1865;
(2) to assist in every practicable way in preserving, and
making available for research, documents and records pertaining
to the Grand Army of the Republic and its members;
(3) to cooperate in honoring all those who have served our
country patriotically in any war;
(4) to teach patriotism, the duties of citizenship, the true
history of our country, and the love and honor of our flag;
[[Page 112 STAT. 1453]]
(5) to oppose every tendency or movement that would weaken
loyalty to, destroy, or impair our constitutional Union; and
(6) to inculcate and broadly sustain the American principles
of representative government, equal rights, and impartial
justice for all.
Sec. 200303. Membership
(a) General.--Except as provided in this chapter, eligibility for
membership in the corporation and the rights, privileges, and
designation of classes of members are as provided in the constitution
and bylaws of the corporation.
(b) Required Service.--Eligibility for membership in the corporation
is limited to male blood relatives of an individual who--
(1) served at any time during the period from April 12,
1861, through April 9, 1865, as a soldier or sailor in--
(A) the United States Army, Navy, Marine Corps, or
Revenue-Cutter Service; or
(B) a State regiment that was called into active
service and was subject to orders of United States
general officers during that period; and
(2) was discharged honorably from, or died in, that service.
Sec. 200304. Governing body
(a) National Encampment.--(1) The national encampment is the supreme
governing authority of the corporation.
(2) The national encampment is composed of officers and elected
representatives from the States and other local subdivisions of the
corporation as provided in the constitution and bylaws. However, the
form of government of the corporation must be representative of the
membership at large and may not permit concentration of control in a
limited number of members or in a self-perpetuating group not
representative of the membership at large.
(3) The meetings of the national encampment may be held in the
District of Columbia or in any State, territory, or possession of the
United States.
(b) Council of Administration.--(1) During the intervals between the
national encampments, the council of administration is the governing
board of the corporation and is responsible for the general policies,
program, and activities of the corporation.
(2) The council of administration shall consist of at least seven
members elected in the manner and for the term provided in the
constitution and bylaws.
(c) Officers.--(1) The officers of the corporation are a commander
in chief, a senior vice commander in chief, a junior vice commander in
chief, a secretary, a treasurer, and other officers as provided in the
constitution and bylaws. One individual may hold the offices of
secretary and treasurer.
(2) The manner of selection, term of office, and duties of the
officers are as provided in the constitution and bylaws.
Sec. 200305. Powers
The corporation may--
(1) adopt and amend a constitution and bylaws for the
management of its property and the regulation of its affairs;
(2) adopt and alter a corporate seal;
[[Page 112 STAT. 1454]]
(3) choose officers, managers, agents, and employees as the
activities of the corporation require;
(4) make contracts;
(5) acquire, own, lease, encumber, and transfer property as
necessary or convenient to carry out the purposes of the
corporation;
(6) borrow money, issue instruments of indebtedness, and
secure its obligations by granting security interests in its
property;
(7) sue and be sued; and
(8) do any other act necessary and proper to carry out the
purposes of the corporation.
Sec. 200306. Exclusive right to name, seals, emblems, and badges
The corporation and its subordinate divisions have the exclusive
right to use the name ``Sons of Union Veterans of the Civil War''. The
corporation has the exclusive right to use and to allow others to use
seals, emblems, and badges the corporation adopts.
Sec. 200307. Restrictions
(a) Stock and Dividends.--The corporation may not issue stock or
declare or pay a dividend.
(b) Political Activities.--The corporation or an officer or agent as
such may not contribute to, support, or assist a political party or
candidate for public office.
(c) Distribution of Income or Assets.--The income or assets of the
corporation may not inure to the benefit of, or be distributed to, an
officer or member during the life of the corporation or on its
dissolution or final liquidation. This subsection does not prevent the
payment of compensation to an officer or reimbursement for actual
necessary expenses in amounts approved by the council of administration
of the corporation.
(d) Loans.--The corporation may not make a loan or advance to an
officer or employee. Members of the council of administration who vote
for or assent to making a loan or advance to an officer or employee, and
officers who participate in making the loan or advance, are jointly and
severally liable to the corporation for the amount of the loan or
advance until it is repaid.
Sec. 200308. Principal office
The principal office of the corporation shall be in Trenton, New
Jersey, or another place decided by the council of administration.
However, the activities of the corporation are not confined to the place
where the principal office is located but may be conducted in the
District of Columbia and throughout the States, territories, and
possessions of the United States.
Sec. 200309. Records and inspection
(a) Records.--The corporation shall keep--
(1) correct and complete records of account; and
(2) minutes of the proceedings of its national encampments
and council of administration.
(b) Inspection.--A member, or an agent or attorney of the member,
may inspect the records of the corporation for any proper purpose, at
any reasonable time.
[[Page 112 STAT. 1455]]
Sec. 200310. Service of process
The corporation shall have a designated agent in the District of
Columbia to receive service of process for the corporation. Notice to or
service on the agent, or mailed to the business address of the agent, is
notice to or service on the corporation.
Sec. 200311. Liability for acts of officers and agents
The corporation is liable for the acts of its officers and agents
acting within the scope of their authority.
Sec. 200312. Annual report
Not later than March 1 of each year, the corporation shall submit a
report to Congress on the activities of the corporation during the prior
fiscal year. The report may consist of a report on the proceedings of
the national encampment. The report may not be printed as a public
document.
Sec. 200313. Distribution of assets on dissolution or final liquidation
On dissolution or final liquidation of the corporation, any assets
remaining after the discharge of all liabilities shall be distributed as
provided by the council of administration, but in compliance with the
constitution and bylaws of the corporation.
CHAPTER 2101--THEODORE ROOSEVELT ASSOCIATION
Sec.
210101. Organization.
210102. Purposes.
210103. Membership.
210104. Governing body.
210105. Powers.
210106. Restrictions.
210107. Nonapplication of audit requirements.
Sec. 210101. Organization
(a) Federal Charter.--Theodore Roosevelt Association (in this
chapter, the ``corporation'') is a body corporate and politic in the
District of Columbia.
(b) Perpetual Existence.--Except as otherwise provided, the
corporation has perpetual existence.
Sec. 210102. Purposes
The purposes of the corporation are--
(1) to perpetuate the memory of Theodore Roosevelt for the
benefit of the people of the United States and the world; and
(2) to solicit, receive, hold, and maintain funds, and to
apply the principal of the funds and the income from those funds
to the following objects, among others:
(A) the erection and maintenance of a suitable and
adequate monumental memorial in the District of Columbia
to the memory of Theodore Roosevelt;
(B) the acquisition, development, and maintenance of
a public park in memory of Theodore Roosevelt in Oyster
Bay, New York;
(C) the establishment and maintenance of an
endowment fund to promote the development and
application
[[Page 112 STAT. 1456]]
of the policies and ideals of Theodore Roosevelt for the
benefit of the American people; and
(D) the donation of real and personal property,
including part or all of its endowment fund, to a public
agency for the purpose of preserving in public ownership
historically significant property associated with the
life of Theodore Roosevelt.
Sec. 210103. Membership
Eligibility for membership in the corporation is as provided in
regulations adopted by the board of trustees.
Sec. 210104. Governing body
(a) Board of Trustees.--A self-perpetuating board of trustees shall
manage and direct the property and affairs of the corporation.
(b) Powers.--The board of trustees may adopt and amend a
constitution, bylaws, and regulations for--
(1) the selection of successor trustees;
(2) the admission of members;
(3) the election of officers; and
(4) the conduct of the affairs of the corporation.
Sec. 210105. Powers
The corporation may--
(1) adopt a constitution, bylaws, and regulations;
(2) adopt and alter a corporate seal;
(3) acquire and own property necessary to carry out the
purposes of the corporation;
(4) give and dedicate its property to public agencies and
purposes;
(5) maintain offices, hold meetings, and conduct business
affairs in the District of Columbia and in the States,
territories, and possessions of the United States;
(6) sue and be sued within the jurisdiction of the United
States; and
(7) do any other act necessary and proper to carry out the
purposes of the corporation.
Sec. 210106. Restrictions
(a) Exclusively Educational Purposes.--The corporation shall be
operated exclusively for educational purposes.
(b) Stocks and Dividends.--The corporation may not issue stock or
declare or pay a dividend.
(c) Distributions of Income or Assets.--The income or assets of the
corporation may not inure to the benefit of any member or individual.
Sec. 210107. Nonapplication of audit requirements
The audit requirements of section 10101 of this title do not apply
to the corporation.
CHAPTER 2103--369TH VETERANS' ASSOCIATION
Sec.
210301. Definition.
210302. Organization.
210303. Purposes.
210304. Membership.
[[Page 112 STAT. 1457]]
210305. Governing body.
210306. Powers.
210307. Exclusive right to name, seals, emblems, and badges.
210308. Restrictions.
210309. Duty to maintain tax-exempt status.
210310. Records and inspection.
210311. Service of process.
210312. Liability for acts of officers and agents.
210313. Annual report.
Sec. 210301. Definition
For purposes of this chapter, ``State'' includes the District of
Columbia and the territories and possessions of the United States.
Sec. 210302. Organization
(a) Federal Charter.--369th Veterans' Association (in this chapter,
the ``corporation''), a nonprofit corporation incorporated in New York,
is a federally chartered corporation.
(b) Expiration of Charter.--If the corporation does not comply with
any provision of this chapter, the charter granted by this chapter
expires.
Sec. 210303. Purposes
The purposes of the corporation are as provided in the articles of
incorporation and include--
(1) promoting the principles of friendship and good will
among its members;
(2) engaging in social and civic activities that tend to
enhance the welfare of its members and inculcate the true
principles of good citizenship in its members; and
(3) memorializing, individually and collectively, the
patriotic services of its members in the 369th antiaircraft
artillery group and other units in the Armed Forces of the
United States.
Sec. 210304. Membership
(a) Eligibility.--Except as provided in this chapter, eligibility
for membership in the corporation and the rights and privileges of
members are as provided in the constitution and bylaws of the
corporation.
(b) Nondiscrimination.--The terms of membership may not discriminate
on the basis of race, color, religion, or national origin.
Sec. 210305. Governing body
(a) Board of Directors.--The board of directors and the
responsibilities of the board are as provided in the articles of
incorporation.
(b) Officers.--The officers and the election of officers are as
provided in the articles of incorporation.
(c) Nondiscrimination.--The requirements for holding office in the
corporation may not discriminate on the basis of race, color, religion,
or national origin.
Sec. 210306. Powers
The corporation has only the powers provided in its bylaws and
articles of incorporation filed in each State in which it is
incorporated.
[[Page 112 STAT. 1458]]
Sec. 210307. Exclusive right to name, seals, emblems, and badges
The corporation has the exclusive right to use the name ``369th
Veterans' Association'' and seals, emblems, and badges the corporation
adopts. This section does not affect any vested rights.
Sec. 210308. Restrictions
(a) Stocks and Dividends.--The corporation may not issue stock or
declare or pay a dividend.
(b) Political Activities.--The corporation or a director or officer
as such may not contribute to, support, or participate in any political
activity or in any manner attempt to influence legislation.
(c) Distribution of Income or Assets.--The income or assets of the
corporation may not inure to the benefit of, or be distributed to, a
director, officer, or member during the life of the charter granted by
this chapter. This subsection does not prevent the payment of reasonable
compensation to an officer or reimbursement for actual necessary
expenses in amounts approved by the board of directors.
(d) Loans.--The corporation may not make a loan to a director,
officer, or employee.
(e) Claim of Governmental Approval or Authority.--The corporation
may not claim congressional approval or the authority of the United
States Government for any of its activities.
Sec. 210309. Duty to maintain tax-exempt status
The corporation shall maintain its status as an organization exempt
from taxation under the Internal Revenue Code of 1986 (26 U.S.C. 1 et
seq.).
Sec. 210310. Records and inspection
(a) Records.--The corporation shall keep--
(1) correct and complete records of account;
(2) minutes of the proceedings of its members, the board of
directors, and committees having any of the authority of its
board of directors; and
(3) at its principal office, a record of the names and
addresses of its members entitled to vote.
(b) Inspection.--A member entitled to vote, or an agent or attorney
of the member, may inspect the records of the corporation for any proper
purpose, at any reasonable time.
Sec. 210311. Service of process
The corporation shall comply with the law on service of process of
each State in which it is incorporated and each State in which it
carries on activities.
Sec. 210312. Liability for acts of officers and agents
The corporation is liable for the acts of its officers and agents
acting within the scope of their authority.
Sec. 210313. Annual report
The corporation shall submit an annual report to Congress on the
activities of the corporation during the prior fiscal year. The report
shall be submitted at the same time as the report
[[Page 112 STAT. 1459]]
of the audit required by section 10101 of this title. The report may not
be printed as a public document.
CHAPTER 2201--UNITED SERVICE ORGANIZATIONS, INCORPORATED
Sec.
220101. Organization.
220102. Purposes.
220103. Membership.
220104. Governing body.
220105. Powers.
220106. Exclusive right to name, seals, emblems, and badges.
220107. Assistance by Department of Defense.
220108. Restrictions.
220109. Duty to maintain corporate status.
220110. Principal office.
220111. Records and inspection.
220112. Service of process.
220113. Annual report.
220114. Distribution of assets on dissolution or final liquidation.
Sec. 220101. Organization
(a) Federal Charter.--United Service Organizations, Incorporated (in
this chapter, the ``corporation''), is a federally chartered
corporation.
(b) Perpetual Existence.--Except as otherwise provided, the
corporation has perpetual existence.
Sec. 220102. Purposes
The purposes of the corporation are--
(1) to provide a voluntary civilian agency through which the
people of this Nation may, in peace or war, serve the religious,
spiritual, social, welfare, educational, and entertainment needs
of men and women in the Armed Forces, within or without the
territorial limits of the United States;
(2) to contribute to the maintenance of morale of men and
women in the Armed Forces;
(3) to solicit funds to maintain the organization and
accomplish its responsibility;
(4) to accept the cooperation of, and provide an
organization and means through which, the National Board of
Young Men's Christian Associations, the National Board of Young
Women's Christian Associations, the National Catholic Community
Service, the Salvation Army, the National Jewish Welfare Board,
the Travelers Aid-International Social Service of America, and
other civilian agencies experienced in specialized types of
related work, which may be needed adequately to meet the
particular needs of the members of the Armed Forces, may carry
on their historic work of serving the religious, spiritual,
social, welfare, educational, and entertainment needs of men and
women in the Armed Forces and be afforded an appropriate means
of participation and financial assistance;
(5) to coordinate their programs; and
(6) other consonant purposes.
Sec. 220103. Membership
Except as provided in this chapter, the rights, privileges, and
designation of classes of members are as provided in the bylaws. The
membership of the corporation consists of--
[[Page 112 STAT. 1460]]
(1) nine individuals designated by the President; and
(2) representatives of the civilian organizations listed in
section 220102(4) of this title, and of the public at large, as
provided in the bylaws.
Sec. 220104. Governing body
(a) Board of Governors.--(1) The board of governors is the governing
body of the corporation. The board is responsible for the general
policies and program of the corporation and for the control of the
affairs and property of the corporation.
(2) The board shall be elected by the members of the corporation for
the term and in the classes provided in the bylaws of the corporation.
The board includes--
(A) six members appointed by the President;
(B) the Secretary of State or the Secretary's designee; and
(C) representatives of the civilian organizations listed in
section 220102(4) of this title, and of the public at large, as
provided in the bylaws.
(3) The corporation may have other governing bodies or committees as
provided in the bylaws.
(b) Officers.--(1) The office of honorary chairman of the
corporation shall be offered to the President. On acceptance, the
honorary chairman shall be invited to preside at meetings of the
corporation that the honorary chairman deems appropriate and convenient.
(2) The corporation may have other officers as provided in the
bylaws.
Sec. 220105. Powers
The corporation has all the powers necessary and proper to carry out
the purposes stated in section 220102 of this title, including the
power--
(1) to adopt and amend bylaws and regulations for the
management of its property and the regulation of its affairs;
(2) to adopt and alter a corporate seal;
(3) to adopt and alter emblems and marks;
(4) to establish and maintain offices to conduct the affairs
of the corporation;
(5) to choose officers, representatives, and agents as the
activities of the corporation require;
(6) to make contracts;
(7) to acquire, own, lease, encumber, and transfer property
as necessary or convenient to carry out the purposes of the
corporation;
(8) to borrow money, issue instruments of indebtedness, and
secure its obligations by granting security interests in its
property;
(9) to publish a magazine, newspaper, and other
publications;
(10) to establish, regulate, and terminate councils,
organizations, chapters, or affiliates as needed to carry out
the purposes stated in section 220102 of this title;
(11) to solicit funds;
(12) to sue and be sued; and
(13) to do any other act necessary and proper to carry out
the purposes stated in section 220102 of this title.
[[Page 112 STAT. 1461]]
Sec. 220106. Exclusive right to name, seals, emblems, and badges
The corporation and its councils, organizations, chapters, and
affiliates have the exclusive right to use the names ``United Service
Organizations, Incorporated'' and ``USO'' and seals, emblems, and badges
the corporation adopts.
Sec. 220107. Assistance by Department of Defense
The Secretary of Defense may make the resources of the Department of
Defense available to the corporation to the extent compatible with the
primary mission of the Department and in accordance with guidelines
issued by the Secretary.
Sec. 220108. Restrictions
(a) Profit.--The corporation may not engage in business activity for
profit unless the activity is substantially related to--
(1) the purposes stated in section 220102 of this title; or
(2) raising funds to accomplish those purposes.
(b) Stock and Dividends.--The corporation may not issue stock or
declare or pay a dividend.
(c) Political Activities.--The corporation shall be nonpolitical and
may not provide financial aid or assistance to, or otherwise promote the
candidacy of, an individual seeking elective public office. A
substantial part of the activities of the corporation may not involve
carrying on propaganda or otherwise attempting to influence legislation.
(d) Distribution of Income or Assets.--The income or assets of the
corporation may not inure to the benefit of a governor, officer, member,
or employee or be distributed to any person during the life of the
corporation or on its dissolution or final liquidation. This subsection
does not prevent the payment of reasonable compensation to an officer,
employee, or other person or reimbursement for actual necessary expenses
in amounts approved by the board of governors.
(e) Loans.--The corporation may not make a loan to a governor,
officer, member, or employee.
Sec. 220109. Duty to maintain corporate status
The corporation shall maintain its status as a corporation
incorporated under the laws of New York, another State, or the District
of Columbia.
Sec. 220110. Principal office
The principal office of the corporation shall be in New York, New
York, or another place decided by the board of governors. However, the
activities of the corporation are not confined to the place where the
principal office is located but may be conducted throughout the States,
territories, and possessions of the United States and in foreign
countries.
Sec. 220111. Records and inspection
(a) Records.--The corporation shall keep--
(1) correct and complete records of account;
(2) minutes of the proceedings of its members, board of
governors, and committees having any of the authority of its
board of governors; and
[[Page 112 STAT. 1462]]
(3) at its principal office, a record of the names and
addresses of its members entitled to vote.
(b) Inspection.--A member, or an agent or attorney of the member,
may inspect the records of the corporation for any proper purpose, at
any reasonable time.
Sec. 220112. Service of process
(a) District of Columbia.--The corporation shall have a designated
agent in the District of Columbia to receive service of process for the
corporation. Notice to or service on the agent, or mailed to the
business address of the agent, is notice to or service on the
corporation.
(b) States, Territories, and Possessions.--The corporation shall
file, with the secretary of state or other designated official of each
State, territory, or possession of the United States in which the
corporation or a council, organization, chapter, or affiliate may have
activities, the name and address of an agent in that State, territory,
or possession on whom legal process or demands against the corporation
may be served.
Sec. 220113. Annual report
The corporation shall make public an annual report on its activities
for the prior calendar year.
Sec. 220114. Distribution of assets on dissolution or final liquidation
On dissolution or final liquidation of the corporation, any assets
remaining after the discharge of all liabilities shall be distributed as
provided by the board of governors, but in compliance with the bylaws.
However, the assets of the corporation are irrevocably dedicated to
charitable purposes and may not inure to the benefit of a private person
except a fund, foundation, or organization operated exclusively for
charitable purposes.
CHAPTER 2203--UNITED STATES CAPITOL HISTORICAL SOCIETY
Sec.
220301. Organization.
220302. Purposes.
220303. Membership.
220304. Governing body.
220305. Powers.
220306. Exclusive right to name, seals, emblems, insignia, marks, and
words.
220307. Tax exemption.
220308. Restrictions.
220309. Duty to maintain corporate status.
220310. Principal office.
220311. Records and inspection.
220312. Service of process.
220313. Liability for acts of officers and agents.
220314. Annual report and audit.
220315. Distribution of assets on dissolution or final liquidation.
Sec. 220301. Organization
(a) Federal Charter.--United States Capitol Historical Society (in
this chapter, the ``corporation'') is a federally chartered corporation.
(b) Place of Incorporation.--The corporation is declared to be
incorporated in the District of Columbia.
(c) Perpetual Existence.--Except as otherwise provided, the
corporation has perpetual existence.
[[Page 112 STAT. 1463]]
Sec. 220302. Purposes
The purposes of the corporation are--
(1) to encourage in the most comprehensive and enlightened
manner an understanding by the American people of the founding,
growth, and significance of the Capitol of the United States as
the tangible symbol of their representative form of government;
(2) to undertake research into the history of the Congress
and the Capitol and to promote discussion, publication, and
dissemination of the results of this research;
(3) to foster and increase an informed patriotism among the
citizens in the study of this living memorial to the founders of
this Nation and the continuing thread of principles as
exemplified by their successors; and
(4) to cooperate with the standing committees of Congress,
the Library of Congress, the Architect of the Capitol, and
relevant departments, agencies, and instrumentalities of the
executive branch of the United States Government in carrying out
the purposes of the corporation.
Sec. 220303. Membership
Except as provided in this chapter, eligibility for membership in
the corporation and the rights and privileges of members are as provided
in the constitution and bylaws of the corporation.
Sec. 220304. Governing body
(a) Board of Trustees.--(1) The board of trustees is the governing
body of the corporation. The board is responsible for the control of all
funds and affairs of the corporation.
(2) Exclusive of ex officio and honorary members, the board shall
consist of at least 12 but not more than 40 trustees, one of whom shall
be elected chairman. Trustees shall be elected by the board of trustees
for a term of 4 years. A trustee may not be reelected as a trustee
within one year of the expiration of the prior term, except by the
unanimous vote of the trustees present and voting. A trustee may be
removed at any time, with or without cause, by a two-thirds vote of the
other trustees.
(3) The officers of the corporation are ex officio members of the
board with all the rights and privileges of trustees, including the
right to vote.
(4) The board shall meet at least once a year in the Capitol of the
United States. The board may meet at other times as decided by the
chairman. A meeting may be held only at a time and place stated in the
bylaws or on 30 days' written notice.
(b) Officers.--(1) The officers of the corporation are a president,
5 vice presidents, a treasurer, and a secretary. The president is the
chief executive officer.
(2) The officers shall be elected annually by the board of trustees
and continue in office at the pleasure of the board.
(3) The duties of the officers are the usual duties pertaining to
their offices and any additional duties delegated by the board.
(4) Officers may be compensated for their services, and reimbursed
for actual expenses, in amounts decided by the board.
(c) Employees.--The board of trustees may employ an executive
secretary and other personnel needed to assist the board and the
officers to carry out the activities of the corporation. Employees
[[Page 112 STAT. 1464]]
serve at the pleasure of the board. The board shall prescribe the
compensation and duties of employees.
Sec. 220305. Powers
The corporation may--
(1) adopt and amend a constitution and bylaws for the
management of its property and the regulation of its affairs;
(2) adopt and alter a corporate seal;
(3) choose officers, managers, and agents as the activities
of the corporation require;
(4) make contracts;
(5) acquire, own, lease, encumber, and transfer property as
necessary or convenient to carry out the purposes of the
corporation;
(6) borrow money, issue instruments of indebtedness, and
secure its obligations by granting security interests in its
property;
(7) produce, buy, and market commemorative medals,
souvenirs, publications, pictures, and cinemas consistent with
the purposes of the corporation;
(8) charge and collect membership dues;
(9) conduct fund raising campaigns and accept contributions;
(10) sue and be sued; and
(11) do any other act necessary and proper to carry out the
purposes of the corporation.
Sec. 220306. Exclusive right to name, seals, emblems, insignia, marks,
and words
The corporation has the exclusive right to use the name ``United
States Capitol Historical Society'' and seals, emblems, distinctive
insignia, and descriptive or designating marks, words, or phrases
required to carry out the duties and powers of the corporation. This
section does not affect any vested rights.
Sec. 220307. Tax exemption
Notwithstanding section 105 of title 4 of the United States Code or
any provision of the District of Columbia Code, the corporation is not
required to pay, collect, or account for any tax specified in those
provisions in connection with activities conducted within, or on the
grounds of, the United States Capitol Building.
Sec. 220308. Restrictions
(a) Stock and Dividends.--The corporation may not issue stock or
declare or pay a dividend.
(b) Distribution of Income or Assets.--The income or assets of the
corporation may not inure to the benefit of, or be distributed to, a
trustee, officer, or member as such during the life of the corporation
or on its dissolution or final liquidation. This subsection does not
prevent the payment of reasonable compensation to an officer or employee
or reimbursement for actual expenses in amounts approved by the board of
trustees.
(c) Loans.--The corporation may not make a loan or advance to a
trustee, officer, or employee. Trustees who vote for or assent to making
a loan or advance to a trustee, officer, or employee, and officers who
participate in making the loan or advance, are
[[Page 112 STAT. 1465]]
jointly and severally liable to the corporation for the amount of the
loan or advance until it is repaid.
Sec. 220309. Duty to maintain corporate status
The corporation shall maintain its status as a corporation
incorporated under the laws of the District of Columbia or a State.
Sec. 220310. Principal office
The principal office of the corporation shall be in the District of
Columbia or another place decided by the board of trustees. However, the
activities of the corporation are not confined to the place where the
principal office is located but may be conducted throughout the States,
territories, and possessions of the United States.
Sec. 220311. Records and inspection
(a) Records.--The corporation shall keep--
(1) correct and complete records of account;
(2) minutes of the proceedings of its members, board of
trustees, and committees having any of the authority of its
board of trustees; and
(3) at its principal office, a record of the names and
addresses of its members entitled to vote.
(b) Inspection.--A member entitled to vote, or an agent or attorney
of the member, may inspect the records of the corporation for any proper
purpose, at any reasonable time.
Sec. 220312. Service of process
The corporation shall have a designated agent in the District of
Columbia to receive service of process for the corporation. Notice to or
service on the agent, or mailed to the business address of the agent, is
notice to or service on the corporation.
Sec. 220313. Liability for acts of officers and agents
The corporation is liable for the acts of its officers and agents
acting within the scope of their authority.
Sec. 220314. Annual report and audit
(a) Annual Report.--The corporation shall submit an annual report to
each House of Congress on the activities of the corporation during the
prior fiscal year. The report shall be submitted as soon as practical
after the end of each fiscal year.
(b) Audit.--In addition to complying with the audit requirements of
section 10101 of this title, the corporation shall comply with section
451 of the Legislative Reorganization Act of 1970 (40 U.S.C. 193m-1).
Sec. 220315. Distribution of assets on dissolution or final liquidation
On dissolution or final liquidation of the corporation, any assets
remaining after the discharge of all liabilities shall be distributed as
provided by the board of trustees, but in compliance with the
constitution and bylaws of the corporation.
CHAPTER 2205--UNITED STATES OLYMPIC COMMITTEE
SUBCHAPTER I--CORPORATION
Sec.
[[Page 112 STAT. 1466]]
220501. Definitions.
220502. Organization.
220503. Purposes.
220504. Membership.
220505. Powers.
220506. Exclusive right to name, seals, emblems, and badges.
220507. Restrictions.
220508. Headquarters, principal office, and meetings.
220509. Resolution of disputes.
220510. Service of process.
220511. Annual report.
SUBCHAPTER II--NATIONAL GOVERNING BODIES
220521. Recognition of amateur sports organizations as national
governing bodies.
220522. Eligibility requirements.
220523. Authority of national governing bodies.
220524. General duties of national governing bodies.
220525. Granting sanctions for amateur athletic competitions.
220526. Restricted amateur athletic competitions.
220527. Complaints against national governing bodies.
220528. Applications to replace an incumbent national governing body.
220529. Arbitration of corporation determinations.
SUBCHAPTER I--CORPORATION
Sec. 220501. Definitions
For purposes of this chapter--
(1) ``amateur athlete'' means an athlete who meets the
eligibility standards established by the national governing body
for the sport in which the athlete competes.
(2) ``amateur athletic competition'' means a contest, game,
meet, match, tournament, regatta, or other event in which
amateur athletes compete.
(3) ``amateur sports organization'' means a not-for-profit
corporation, association, or other group organized in the United
States that sponsors or arranges an amateur athletic
competition.
(4) ``corporation'' means the United States Olympic
Committee.
(5) ``international amateur athletic competition'' means an
amateur athletic competition between one or more athletes
representing the United States, individually or as a team, and
one or more athletes representing a foreign country.
(6) ``national governing body'' means an amateur sports
organization that is recognized by the corporation under section
220521 of this title.
(7) ``sanction'' means a certificate of approval issued by a
national governing body.
Sec. 220502. Organization
(a) Federal Charter.--The corporation is a federally chartered
corporation.
(b) Perpetual Existence.--Except as otherwise provided, the
corporation has perpetual existence.
(c) References to United States Olympic Association.--Any reference
to the United States Olympic Association is deemed to refer to the
United States Olympic Committee.
Sec. 220503. Purposes
The purposes of the corporation are--
(1) to establish national goals for amateur athletic
activities and encourage the attainment of those goals;
[[Page 112 STAT. 1467]]
(2) to coordinate and develop amateur athletic activity in
the United States, directly related to international amateur
athletic competition, to foster productive working relationships
among sports-related organizations;
(3) to exercise exclusive jurisdiction, directly or through
constituent members of committees, over--
(A) all matters pertaining to United States
participation in the Olympic Games and the Pan-American
Games, including representation of the United States in
the games; and
(B) the organization of the Olympic Games and the
Pan-American Games when held in the United States;
(4) to obtain for the United States, directly or by
delegation to the appropriate national governing body, the most
competent amateur representation possible in each event of the
Olympic Games and Pan-American Games;
(5) to promote and support amateur athletic activities
involving the United States and foreign nations;
(6) to promote and encourage physical fitness and public
participation in amateur athletic activities;
(7) to assist organizations and persons concerned with
sports in the development of amateur athletic programs for
amateur athletes;
(8) to provide swift resolution of conflicts and disputes
involving amateur athletes, national governing bodies, and
amateur sports organizations, and protect the opportunity of any
amateur athlete, coach, trainer, manager, administrator, or
official to participate in amateur athletic competition;
(9) to foster the development of amateur athletic facilities
for use by amateur athletes and assist in making existing
amateur athletic facilities available for use by amateur
athletes;
(10) to provide and coordinate technical information on
physical training, equipment design, coaching, and performance
analysis;
(11) to encourage and support research, development, and
dissemination of information in the areas of sports medicine and
sports safety;
(12) to encourage and provide assistance to amateur athletic
activities for women;
(13) to encourage and provide assistance to amateur athletic
programs and competition for individuals with disabilities,
including, where feasible, the expansion of opportunities for
meaningful participation by individuals with disabilities in
programs of athletic competition for able-bodied individuals;
and
(14) to encourage and provide assistance to amateur athletes
of racial and ethnic minorities for the purpose of eliciting the
participation of those minorities in amateur athletic activities
in which they are underrepresented.
Sec. 220504. Membership
(a) Eligibility.--Eligibility for membership in the corporation is
as provided in the constitution and bylaws of the corporation.
(b) Required Provisions for Representation.--In its constitution and
bylaws, the corporation shall establish and maintain provisions with
respect to its governance and the conduct of its affairs for reasonable
representation of--
[[Page 112 STAT. 1468]]
(1) amateur sports organizations recognized as national
governing bodies under section 220521 of this title;
(2) amateur athletes who are actively engaged in amateur
athletic competition or who have represented the United States
in international amateur athletic competition within the
preceding 10 years;
(3) amateur sports organizations that conduct a national
program or regular national amateur athletic competition in 2 or
more sports that are included on the program of the Olympic
Games or the Pan-American Games on a level of proficiency
appropriate for the selection of amateur athletes to represent
the United States in international amateur athletic competition;
and
(4) individuals not affiliated or associated with any
amateur sports organization who, in the corporation's judgment,
represent the interests of the American public in the activities
of the corporation.
Sec. 220505. Powers
(a) Constitution and Bylaws.--The corporation shall adopt a
constitution and bylaws. The corporation may amend its constitution only
if the corporation--
(1) publishes, in its principal publication, a notice of the
proposed amendment, including--
(A) the substantive terms of the amendment;
(B) the time and place of the corporation's regular
meeting at which adoption of the amendment is to be
decided; and
(C) a provision informing interested persons that
they may submit materials as authorized in clause (2) of
this subsection; and
(2) gives all interested persons an opportunity to submit
written comments and information for at least 60 days after
publication of notice of the proposed amendment and before
adoption of the amendment.
(b) General Corporate Powers.--The corporation may--
(1) adopt and alter a corporate seal;
(2) establish and maintain offices to conduct the affairs of
the corporation;
(3) make contracts;
(4) accept gifts, legacies, and devises in furtherance of
its corporate purposes;
(5) acquire, own, lease, encumber, and transfer property as
necessary to carry out the purposes of the corporation;
(6) borrow money, issue instruments of indebtedness, and
secure its obligations by granting security interests in its
property;
(7) publish a magazine, newspaper, and other publications
consistent with its corporate purposes;
(8) approve and revoke membership in the corporation;
(9) sue and be sued; and
(10) do any other act necessary and proper to carry out the
purposes of the corporation.
(c) Powers Related to Amateur Athletics and the Olympic Games.--The
corporation may--
[[Page 112 STAT. 1469]]
(1) serve as the coordinating body for amateur athletic
activity in the United States directly related to international
amateur athletic competition;
(2) represent the United States as its national Olympic
committee in relations with the International Olympic Committee
and the Pan-American Sports Organization;
(3) organize, finance, and control the representation of the
United States in the competitions and events of the Olympic
Games and of the Pan-American Games, and obtain, directly or by
delegation to the appropriate national governing body, amateur
representation for those games;
(4) recognize eligible amateur sports organizations as
national governing bodies for any sport that is included on the
program of the Olympic Games or the Pan-American Games;
(5) facilitate, through orderly and effective administrative
procedures, the resolution of conflicts or disputes that involve
any of its members and any amateur athlete, coach, trainer,
manager, administrator, official, national governing body, or
amateur sports organization and that arise in connection with
their eligibility for and participation in the Olympic Games,
the Pan-American world championship competition, or other
protected competition as defined in the constitution and bylaws
of the corporation; and
(6) provide financial assistance to any organization or
association, except a corporation organized for profit, in
furtherance of the purposes of the corporation.
Sec. 220506. Exclusive right to name, seals, emblems, and badges
(a) Exclusive Right of Corporation.--Except as provided in
subsection (d) of this section, the corporation has the exclusive right
to use--
(1) the name ``United States Olympic Committee'';
(2) the symbol of the International Olympic Committee,
consisting of 5 interlocking rings;
(3) the emblem of the corporation, consisting of an
escutcheon having a blue chief and vertically extending red and
white bars on the base with 5 interlocking rings displayed on
the chief; and
(4) the words ``Olympic'', ``Olympiad'', ``Citius Altius
Fortius'', or any combination of those words.
(b) Contributors and Suppliers.--The corporation may authorize
contributors and suppliers of goods or services to use the trade name of
the corporation or any trademark, symbol, insignia, or emblem of the
International Olympic Committee or of the corporation to advertise that
the contributions, goods, or services were donated or supplied to, or
approved, selected, or used by, the corporation, the United States
Olympic team, the Pan-American team, or team members.
(c) Civil Action for Unauthorized Use.--Except as provided in
subsection (d) of this section, the corporation may file a civil action
against a person for the remedies provided in the Act of July 5, 1946
(15 U.S.C. 1051 et seq.) (popularly known as the Trademark Act of 1946)
if the person, without the consent of the corporation, uses for the
purpose of trade, to induce the sale of
[[Page 112 STAT. 1470]]
any goods or services, or to promote any theatrical exhibition, athletic
performance, or competition--
(1) the symbol described in subsection (a)(2) of this
section;
(2) the emblem described in subsection (a)(3) of this
section;
(3) the words described in subsection (a)(4) of this
section, or any combination or simulation of those words tending
to cause confusion or mistake, to deceive, or to falsely suggest
a connection with the corporation or any Olympic activity; or
(4) any trademark, trade name, sign, symbol, or insignia
falsely representing association with, or authorization by, the
International Olympic Committee or the corporation.
(d) Pre-Existing Rights.--(1) A person who actually used the emblem
described in subsection (a)(3) of this section, or the words or any
combination of the words described in subsection (a)(4) of this section,
for any lawful purpose before September 21, 1950, is not prohibited by
this section from continuing the lawful use for the same purpose and for
the same goods or services.
(2) A person who actually used, or whose assignor actually used, the
words or any combination of the words described in subsection (a)(4) of
this section, or a trademark, trade name, sign, symbol, or insignia
described in subsection (c)(4) of this section, for any lawful purpose
before September 21, 1950, is not prohibited by this section from
continuing the lawful use for the same purpose and for the same goods or
services.
Sec. 220507. Restrictions
(a) Profit and Stock.--The corporation may not engage in business
for profit or issue stock.
(b) Political Activities.--The corporation shall be nonpolitical and
may not promote the candidacy of an individual seeking public office.
Sec. 220508. Headquarters, principal office, and meetings
The corporation shall maintain its principal office and national
headquarters in a place in the United States decided by the corporation.
The corporation may hold its annual and special meetings in the places
decided by the corporation.
Sec. 220509. Resolution of disputes
The corporation shall establish and maintain provisions in its
constitution and bylaws for the swift and equitable resolution of
disputes involving any of its members and relating to the opportunity of
an amateur athlete, coach, trainer, manager, administrator, or official
to participate in the Olympic Games, the Pan-American Games, world
championship competition, or other protected competition as defined in
the constitution and bylaws of the corporation.
Sec. 220510. Service of process
As a condition to the exercise of any power or privilege granted by
this chapter, the corporation shall file, with the secretary of state or
other designated official of each State, the name and address of an
agent in that State on whom legal process or demands against the
corporation may be served.
[[Page 112 STAT. 1471]]
Sec. 220511. Annual report
(a) Submission to President and Congress.--Not later than June 1 of
each year, the corporation shall submit simultaneously to the President
and to each House of Congress a detailed report of its operations during
the prior calendar year, including--
(1) a complete statement of the corporation's receipts and
expenditures; and
(2) a comprehensive description of the activities and
accomplishments of the corporation during the prior year.
(b) Availability to Public.--The corporation shall make copies of
the report available to interested persons at a reasonable cost.
SUBCHAPTER II--NATIONAL GOVERNING BODIES
Sec. 220521. Recognition of amateur sports organizations as national
governing bodies
(a) General Authority.--For any sport that is included on the
program of the Olympic Games or the Pan-American Games, the corporation
may recognize as a national governing body an amateur sports
organization that files an application and is eligible under section
220522 of this title. The corporation may recognize only one national
governing body for each sport for which an application is made and
approved.
(b) Public Hearing.--Before recognizing an organization as a
national governing body, the corporation shall hold a public hearing on
the application. The corporation shall publish notice of the time,
place, and nature of the hearing. Publication shall be made in a regular
issue of the corporation's principal publication at least 30 days, but
not more than 60 days, before the date of the hearing.
(c) Recommendation to International Sports Federation.--Within 61
days after recognizing an organization as a national governing body, the
corporation shall recommend and support in any appropriate manner the
national governing body to the appropriate international sports
federation as the representative of the United States for that sport.
(d) Review of Recognition.--The corporation may review all matters
related to the continued recognition of an organization as a national
governing body and may take action it considers appropriate, including
placing conditions on the continued recognition.
Sec. 220522. Eligibility requirements
An amateur sports organization is eligible to be recognized, or to
continue to be recognized, as a national governing body only if it--
(1) is incorporated under the laws of a State of the United
States or the District of Columbia as a not-for-profit
corporation having as its purpose the advancement of amateur
athletic competition;
(2) has the managerial and financial capability to plan and
execute its obligations;
(3) submits--
(A) an application, in the form required by the
corporation, for recognition as a national governing
body;
(B) a copy of its corporate charter and bylaws; and
(C) any additional information considered necessary
or appropriate by the corporation;
[[Page 112 STAT. 1472]]
(4) agrees to submit, on demand by the corporation, to
binding arbitration conducted in accordance with the commercial
rules of the American Arbitration Association in any controversy
involving--
(A) its recognition as a national governing body, as
provided for in section 220529 of this title; or
(B) the opportunity of any amateur athlete, coach,
trainer, manager, administrator, or official to
participate in amateur athletic competition, as provided
for in the corporation's constitution and bylaws;
(5) demonstrates that it is autonomous in the governance of
its sport, in that it--
(A) independently decides and controls all matters
central to governance;
(B) does not delegate decision-making and control of
matters central to governance; and
(C) is free from outside restraint;
(6) demonstrates that it is a member of no more than one
international sports federation that governs a sport included on
the program of the Olympic Games or the Pan-American Games;
(7) demonstrates that its membership is open to any
individual who is an amateur athlete, coach, trainer, manager,
administrator, or official active in the sport for which
recognition is sought, or any amateur sports organization that
conducts programs in the sport for which recognition is sought,
or both;
(8) provides an equal opportunity to amateur athletes,
coaches, trainers, managers, administrators, and officials to
participate in amateur athletic competition, without
discrimination on the basis of race, color, religion, sex, age,
or national origin, and with fair notice and opportunity for a
hearing to any amateur athlete, coach, trainer, manager,
administrator, or official before declaring the individual
ineligible to participate;
(9) is governed by a board of directors or other governing
board whose members are selected without regard to race, color,
religion, national origin, or sex, except that, in sports where
there are separate male and female programs, it provides for
reasonable representation of both males and females on the board
of directors or other governing board;
(10) demonstrates that--
(A) its board of directors or other governing board
includes among its voting members--
(i) individuals who are actively engaged in
amateur athletic competition in the sport for
which recognition is sought; or
(ii) individuals who, within the prior 10
years, have represented the United States in
international amateur athletic competition in the
sport for which recognition is sought; and
(B) the individuals described in subclause (A) of
this clause hold at least 20 percent of the membership
and voting power on the board;
(11) provides for reasonable direct representation on its
board of directors or other governing board for any amateur
sports organization that--
[[Page 112 STAT. 1473]]
(A) conducts a national program or regular national
amateur athletic competition in the applicable sport on
a level of proficiency appropriate for the selection of
amateur athletes to represent the United States in
international amateur athletic competition; and
(B) ensures that the representation reflects the
nature, scope, quality, and strength of the programs and
competitions of the amateur sports organization in
relation to all other programs and competitions in the
sport in the United States;
(12) demonstrates that none of its officers are also
officers of any other amateur sports organization recognized as
a national governing body;
(13) provides procedures for the prompt and equitable
resolution of grievances of its members;
(14) does not have eligibility criteria related to amateur
status that are more restrictive than those of the appropriate
international sports federation; and
(15) demonstrates, if the organization is seeking to be
recognized as a national governing body, that it is prepared to
meet the obligations imposed on a national governing body under
sections 220524 and 220525 of this title.
Sec. 220523. Authority of national governing bodies
(a) Authority.--For the sport that it governs, a national governing
body may--
(1) represent the United States in the appropriate
international sports federation;
(2) establish national goals and encourage the attainment of
those goals;
(3) serve as the coordinating body for amateur athletic
activity in the United States;
(4) exercise jurisdiction over international amateur
athletic activities and sanction international amateur athletic
competition held in the United States and sanction the
sponsorship of international amateur athletic competition held
outside the United States;
(5) conduct amateur athletic competition, including national
championships, and international amateur athletic competition in
the United States, and establish procedures for determining
eligibility standards for participation in competition, except
for amateur athletic competition specified in section 220526 of
this title;
(6) recommend to the corporation individuals and teams to
represent the United States in the Olympic Games and the Pan-
American Games; and
(7) designate individuals and teams to represent the United
States in international amateur athletic competition (other than
the Olympic Games and the Pan-American Games) and certify, in
accordance with applicable international rules, the amateur
eligibility of those individuals and teams.
(b) Replacement of National Governing Body Pursuant to
Arbitration.--A national governing body may not exercise any authority
under subsection (a) of this section for a particular sport after
another amateur sports organization has been declared (in accordance
with binding arbitration proceedings prescribed by the organic documents
of the corporation) entitled to replace that
[[Page 112 STAT. 1474]]
national governing body as the member of the corporation for that sport.
Sec. 220524. General duties of national governing bodies
For the sport that it governs, a national governing body shall--
(1) develop interest and participation throughout the United
States and be responsible to the persons and amateur sports
organizations it represents;
(2) minimize, through coordination with other amateur sports
organizations, conflicts in the scheduling of all practices and
competitions;
(3) keep amateur athletes informed of policy matters and
reasonably reflect the views of the athletes in its policy
decisions;
(4) allow an amateur athlete to compete in any international
amateur athletic competition conducted by any amateur sports
organization or person, unless the national governing body
establishes that its denial is based on evidence that the
organization or person conducting the competition does not meet
the requirements stated in section 220525 of this title;
(5) provide equitable support and encouragement for
participation by women where separate programs for male and
female athletes are conducted on a national basis;
(6) encourage and support amateur athletic sports programs
for individuals with disabilities and the participation of
individuals with disabilities in amateur athletic activity,
including, where feasible, the expansion of opportunities for
meaningful participation by individuals with disabilities in
programs of athletic competition for able-bodied individuals;
(7) provide and coordinate technical information on physical
training, equipment design, coaching, and performance analysis;
and
(8) encourage and support research, development, and
dissemination of information in the areas of sports medicine and
sports safety.
Sec. 220525. Granting sanctions for amateur athletic competitions
(a) Prompt Review and Decision.--For the sport that it governs, a
national governing body promptly shall--
(1) review a request by an amateur sports organization or
person for a sanction to hold an international amateur athletic
competition in the United States or to sponsor United States
amateur athletes to compete in international amateur athletic
competition outside the United States; and
(2) grant the sanction if--
(A) the national governing body does not decide by
clear and convincing evidence that holding or sponsoring
an international amateur athletic competition would be
detrimental to the best interest of the sport; and
(B) the requirements of subsection (b) of this
section are met.
(b) Requirements.--An amateur sports organization or person may be
granted a sanction under this section only if the organization or person
meets the following requirements:
[[Page 112 STAT. 1475]]
(1) The organization or person must pay the national
governing body any required sanctioning fee, if the fee is
reasonable and nondiscriminatory.
(2) For a sanction to hold an international amateur athletic
competition in the United States, the organization or person
must--
(A) submit to the national governing body an audited
or notarized financial report of similar events, if any,
conducted by the organization or person; and
(B) demonstrate that the requirements of paragraph
(4) of this subsection have been met.
(3) For a sanction to sponsor United States amateur athletes
to compete in international amateur athletic competition outside
the United States, the organization or person must--
(A) submit a report of the most recent trip to a
foreign country, if any, that the organization or person
sponsored for the purpose of having United States
amateur athletes compete in international amateur
athletic competition; and
(B) submit a letter from the appropriate entity that
will hold the international amateur athletic competition
certifying that the requirements of paragraph (4) of
this subsection have been met.
(4) The requirements referred to in paragraphs (2) and (3)
of this subsection are that--
(A) appropriate measures have been taken to protect
the amateur status of athletes who will take part in the
competition and to protect their eligibility to compete
in amateur athletic competition;
(B) appropriate provision has been made for
validation of any records established during the
competition;
(C) due regard has been given to any international
amateur athletic requirements specifically applicable to
the competition;
(D) the competition will be conducted by qualified
officials;
(E) proper medical supervision will be provided for
athletes who will participate in the competition; and
(F) proper safety precautions have been taken to
protect the personal welfare of the athletes and
spectators at the competition.
Sec. 220526. Restricted amateur athletic competitions
(a) Exclusive Jurisdiction.--An amateur sports organization that
conducts amateur athletic competition shall have exclusive jurisdiction
over that competition if participation is restricted to a specific class
of amateur athletes, such as high school students, college students,
members of the Armed Forces, or similar groups or categories.
(b) Sanctions for International Competition.--An amateur sports
organization under subsection (a) of this section shall obtain a
sanction from the appropriate national governing body if the
organization wishes to--
(1) conduct international amateur athletic competition in
the United States; or
(2) sponsor international amateur athletic competition to be
held outside the United States.
[[Page 112 STAT. 1476]]
Sec. 220527. Complaints against national governing bodies
(a) General.--(1) An amateur sports organization or person that
belongs to or is eligible to belong to a national governing body may
seek to compel the national governing body to comply with sections
220522, 220524, and 220525 of this title by filing a written complaint
with the corporation. A copy of the complaint shall be served on the
national governing body.
(2) The corporation shall establish procedures for the filing and
disposition of complaints under this section.
(b) Exhaustion of Remedies.--(1) An organization or person may file
a complaint under subsection (a) of this section only after exhausting
all available remedies within the national governing body for correcting
deficiencies, unless it can be shown by clear and convincing evidence
that those remedies would have resulted in unnecessary delay.
(2) Within 30 days after a complaint is filed, the corporation shall
decide whether the organization or person has exhausted all available
remedies as required by paragraph (1) of this subsection. If the
corporation determines that the remedies have not been exhausted, it may
direct that the remedies be pursued before the corporation considers the
complaint further.
(c) Hearings.--If the corporation decides that all available
remedies have been exhausted as required by subsection (b)(1) of this
section, it shall hold a hearing, within 90 days after the complaint is
filed, to receive testimony to decide whether the national governing
body is complying with sections 220522, 220524, and 220525 of this
title.
(d) Disposition of Complaint.--(1) If the corporation decides, as a
result of the hearing, that the national governing body is complying
with sections 220522, 220524, and 220525 of this title, it shall so
notify the complainant and the national governing body.
(2) If the corporation decides, as a result of the hearing, that the
national governing body is not complying with sections 220522, 220524,
and 220525 of this title, it shall--
(A) place the national governing body on probation for a
specified period of time, not to exceed 180 days, which the
corporation considers necessary to enable the national governing
body to comply with those sections; or
(B) revoke the recognition of the national governing body.
(3) If the corporation places a national governing body on probation
under paragraph (2) of this subsection, it may extend the probationary
period if the national governing body has proven by clear and convincing
evidence that, through no fault of its own, it needs additional time to
comply with sections 220522, 220524, and 220525 of this title. If, at
the end of the period allowed by the corporation, the national governing
body has not complied with those sections, the corporation shall revoke
the recognition of the national governing body.
Sec. 220528. Applications to replace an incumbent national governing
body
(a) General.--An amateur sports organization may seek to replace an
incumbent as the national governing body for a particular sport by
filing a written application for recognition with the corporation.
(b) Establishment of Procedures.--The corporation shall establish
procedures for the filing and disposition of applications
[[Page 112 STAT. 1477]]
under this section. If 2 or more organizations file applications for the
same sport, the applications shall be considered in a single proceeding.
(c) Filing Procedures.--(1) An application under this section must
be filed within one year after the final day of--
(A) any Olympic Games, for a sport in which competition is
held in the Olympic Games or both the Olympic and Pan-American
Games; or
(B) any Pan-American Games, for a sport in which competition
is held in the Pan-American Games but not in the Olympic Games.
(2) The application shall be filed with the corporation by
registered mail, and a copy of the application shall be served on the
national governing body. The corporation shall inform the applicant that
its application has been received.
(d) Hearings.--Within 180 days after receipt of an application filed
under this section, the corporation shall conduct a formal hearing to
determine the merits of the application. The corporation shall publish
notice of the time and place of the hearing in a regular issue of its
principal publication at least 30 days, but not more than 60 days,
before the date of the hearing. In the hearing, the applicant and the
national governing body shall be given a reasonable opportunity to
present evidence supporting their positions.
(e) Standards for Granting Applications.--In the hearing, the
applicant must establish by a preponderance of the evidence that--
(1) it meets the criteria for recognition as a national
governing body under section 220522 of this title; and
(2)(A) the national governing body does not meet the
criteria of section 220522, 220524, or 220525 of this title; or
(B) the applicant more adequately meets the criteria of
section 220522 of this title, is capable of more adequately
meeting the criteria of sections 220524 and 220525 of this
title, and provides or is capable of providing a more effective
national program of competition than the national governing body
in the sport for which it seeks recognition.
(f ) Disposition of Applications.--Within 30 days after the close of
the hearing required by this section, the corporation shall--
(1) uphold the right of the national governing body to
continue as the national governing body for its sport;
(2) revoke the recognition of the national governing body
and declare a vacancy in the national governing body for that
sport;
(3) revoke the recognition of the national governing body
and recognize the applicant as the national governing body; or
(4) place the national governing body on probation for a
period not exceeding 180 days, pending the compliance of the
national governing body, if the national governing body would
have retained recognition except for a minor deficiency in one
of the requirements of section 220522, 220524, or 220525 of this
title.
(g) Revocation of Recognition After Probation.--If the national
governing body does not comply with sections 220522, 220524, and 220525
of this title within the probationary period prescribed under subsection
(f )(4) of this section, the corporation
[[Page 112 STAT. 1478]]
shall revoke the recognition of the national governing body and either--
(1) recognize the applicant as the national governing body;
or
(2) declare a vacancy in the national governing body for
that sport.
Sec. 220529. Arbitration of corporation determinations
(a) Right to Review.--A party aggrieved by a determination of the
corporation under section 220527 or 220528 of this title may obtain
review by any regional office of the American Arbitration Association.
(b) Procedure.--(1) A demand for arbitration must be submitted
within 30 days after the determination of the corporation.
(2) On receipt of a demand for arbitration, the Association shall
serve notice on the parties to the arbitration and on the corporation,
and shall immediately proceed with arbitration according to the
commercial rules of the Association in effect at the time the demand is
filed, except that--
(A) the arbitration panel shall consist of at least 3
arbitrators, unless the parties to the proceeding agree to a
lesser number;
(B) the arbitration hearing shall take place at a site
selected by the Association, unless the parties to the
proceeding agree to the use of another site; and
(C) the arbitration hearing shall be open to the public.
(3) A decision by the arbitrators shall be by majority vote unless
the concurrence of all arbitrators is expressly required by the
contesting parties.
(4) Each party may be represented by counsel or by any other
authorized representative at the arbitration proceeding.
(5) The parties may offer any evidence they desire and shall produce
any additional evidence the arbitrators believe is necessary to an
understanding and determination of the dispute. The arbitrators shall be
the sole judges of the relevancy and materiality of the evidence
offered. Conformity to legal rules of evidence is not necessary.
(c) Settlement.--The arbitrators may settle a dispute arising under
this chapter before making a final award, if agreed to by the parties
and achieved in a manner not inconsistent with the constitution and
bylaws of the corporation.
(d) Binding Nature of Decision.--Final decision of the arbitrators
is binding on the parties if the award is not inconsistent with the
constitution and bylaws of the corporation.
(e) Reopening Hearings.--(1) At any time before a final decision is
made, the hearings may be reopened by the arbitrators on their own
motion or on the motion of a party.
(2) If the reopening is based on the motion of a party, and if the
reopening would result in the arbitrators' decision being delayed beyond
the specific period agreed to at the beginning of the arbitration
proceedings, all parties to the decision must agree to reopen the
hearings.
CHAPTER 2207--UNITED STATES SUBMARINE VETERANS OF WORLD WAR II
Sec.
220701. Definition.
[[Page 112 STAT. 1479]]
220702. Organization.
220703. Purposes.
220704. Membership.
220705. Governing body.
220706. Powers.
220707. Restrictions.
220708. Duty to maintain tax-exempt status.
220709. Records and inspection.
220710. Service of process.
220711. Liability for acts of officers and agents.
220712. Annual report.
Sec. 220701. Definition
For purposes of this chapter, ``State'' includes the District of
Columbia and the territories and possessions of the United States.
Sec. 220702. Organization
(a) Federal Charter.--United States Submarine Veterans of World War
II (in this chapter, the ``corporation''), a nonprofit corporation
incorporated in New Jersey and Colorado, is a federally chartered
corporation.
(b) Expiration of Charter.--If the corporation does not comply with
any provision of this chapter, the charter granted by this chapter
expires.
Sec. 220703. Purposes
The purposes of the corporation are as provided in its articles of
incorporation and include--
(1) preserving and promoting patriotism and loyalty to the
United States of America;
(2) perpetuating and establishing memorials to the memory of
shipmates who served aboard United States submarines and gave
their lives in submarine warfare during World War II;
(3) promoting the spirit and unity that existed among the
United States Navy submarine crewmen during World War II;
(4) fostering general public awareness of life aboard
submarines during World War II, through securing, restoring, and
displaying the submarines that were in service at that time;
(5) sponsoring annual college scholarships; and
(6) performing acts of charity as provided in the
constitution and bylaws of the corporation.
Sec. 220704. Membership
Except as provided in this chapter, eligibility for membership in
the corporation and the rights and privileges of members are as provided
in the constitution and bylaws of the corporation.
Sec. 220705. Governing body
(a) Board of Directors.--The board of directors and the
responsibilities of the board are as provided in the articles of
incorporation.
(b) Officers.--The officers and the election of officers are as
provided in the articles of incorporation.
Sec. 220706. Powers
The corporation has only the powers provided in its bylaws and
articles of incorporation filed in each State in which it is
incorporated.
[[Page 112 STAT. 1480]]
Sec. 220707. Restrictions
(a) Stock and Dividends.--The corporation may not issue stock or
declare or pay a dividend.
(b) Political Activities.--The corporation or a director or officer
as such may not contribute to, support, or otherwise participate in any
political activity or in any manner attempt to influence legislation.
(c) Distribution of Income or Assets.--The income or assets of the
corporation may not inure to the benefit of, or be distributed to, a
director, officer, or member during the life of the charter granted by
this chapter. This subsection does not prevent the payment of reasonable
compensation to an officer or reimbursement for actual necessary
expenses in amounts approved by the board of directors.
(d) Loans.--The corporation may not make a loan to a director,
officer, or employee.
(e) Claim of Governmental Approval or Authority.--The corporation
may not claim congressional approval or the authority of the United
States Government for any of its activities.
Sec. 220708. Duty to maintain tax-exempt status
The corporation shall maintain its status as an organization exempt
from taxation under the Internal Revenue Code of 1986 (26 U.S.C. 1 et
seq.).
Sec. 220709. Records and inspection
(a) Records.--The corporation shall keep--
(1) correct and complete records of account;
(2) minutes of the proceedings of its members, board of
directors, and committees having any of the authority of its
board of directors; and
(3) at its principal office, a record of the names and
addresses of its members entitled to vote.
(b) Inspection.--A member entitled to vote, or an agent or attorney
of the member, may inspect the records of the corporation for any proper
purpose, at any reasonable time.
Sec. 220710. Service of process
The corporation shall comply with the law on service of process of
each State in which it is incorporated and each State in which it
carries on activities.
Sec. 220711. Liability for acts of officers and agents
The corporation is liable for the acts of its officers and agents
acting within the scope of their authority.
Sec. 220712. Annual report
The corporation shall submit an annual report to Congress on the
activities of the corporation during the prior fiscal year. The report
shall be submitted at the same time as the report of the audit required
by section 10101 of this title. The report may not be printed as a
public document.
CHAPTER 2301--VETERANS OF FOREIGN WARS OF THE UNITED STATES
Sec.
230101. Organization.
[[Page 112 STAT. 1481]]
230102. Purposes.
230103. Membership.
230104. Powers.
230105. Exclusive right to name, seal, emblems, and badges.
230106. Service of process.
230107. Annual report.
Sec. 230101. Organization
(a) Federal Charter.--Veterans of Foreign Wars of the United States
(in this chapter, the ``corporation''), a national association of men
who as soldiers, sailors, marines, and airmen served this Nation in
wars, campaigns, and expeditions on foreign soil or in hostile waters,
is a federally chartered corporation.
(b) Perpetual Existence.--Except as otherwise provided, the
corporation has perpetual existence.
Sec. 230102. Purposes
The purposes of the corporation are fraternal, patriotic,
historical, and educational, and are--
(1) to preserve and strengthen comradeship among its
members;
(2) to assist worthy comrades;
(3) to perpetuate the memory and history of our dead, and to
assist their widows and orphans;
(4) to maintain true allegiance to the Government of the
United States, and fidelity to its Constitution and laws;
(5) to foster true patriotism;
(6) to maintain and extend the institutions of American
freedom; and
(7) to preserve and defend the United States from all
enemies.
Sec. 230103. Membership
An individual is eligible for membership in the corporation only if
the individual served honorably as a member of the Armed Forces of the
United States--
(1) in a foreign war, insurrection, or expedition in service
that--
(A) has been recognized as campaign-medal service;
and
(B) is governed by the authorization of the award of
a campaign badge by the United States Government; or
(2) on the Korean peninsula or in its territorial waters for
at least 30 consecutive days, or a total of 60 days, after June
30, 1949.
Sec. 230104. Powers
The corporation may--
(1) adopt and amend a constitution, bylaws, and regulations
to carry out the purposes of the corporation;
(2) adopt and alter a corporate seal;
(3) establish and maintain offices to conduct its
activities;
(4) make contracts;
(5) acquire, own, lease, encumber, and transfer property as
necessary and appropriate to carry out the purposes of the
corporation;
(6) establish, regulate, and discontinue subordinate State
and territorial subdivisions and local chapters or posts;
(7) publish a magazine and other publications;
[[Page 112 STAT. 1482]]
(8) sue and be sued; and
(9) do any other act necessary and proper to carry out the
purposes of the corporation.
Sec. 230105. Exclusive right to name, seal, emblems, and badges
The corporation has the exclusive right to use the name ``Veterans
of Foreign Wars of the United States'' and its corporate seal and to
manufacture and use emblems and badges the corporation adopts.
Sec. 230106. Service of process
As a condition to the exercise of any power or privilege granted by
this chapter, the corporation shall file, with the secretary of state or
other designated official of each State, the name and address of an
agent in that State on whom legal process or demands against the
corporation may be served.
Sec. 230107. Annual report
Not later than January 1 of each year, the corporation shall submit
a report to Congress on the activities of the corporation during the
prior fiscal year. The report may not be printed as a public document.
CHAPTER 2303--VETERANS OF WORLD WAR I OF THE UNITED STATES OF AMERICA,
INCORPORATED
Sec.
230301. Organization.
230302. Purposes.
230303. Membership.
230304. Governing body.
230305. Powers.
230306. Exclusive right to name, seals, emblems, and badges.
230307. Restrictions.
230308. Principal office.
230309. Records and inspection.
230310. Service of process.
230311. Liability for acts of officers and agents.
230312. Annual report.
230313. Termination of existence and distribution of assets.
Sec. 230301. Organization
(a) Federal Charter.--Veterans of World War I of the United States
of America, Incorporated (in this chapter, the ``corporation''), is a
federally chartered corporation.
(b) Place of Incorporation and Domicile.--The corporation is
declared to be incorporated and domiciled in the District of Columbia.
(c) Perpetual Existence.--Except as otherwise provided, the
corporation has perpetual existence.
Sec. 230302. Purposes
The purposes of the corporation are patriotic, fraternal,
historical, and educational, in the service and for the benefit of
veterans of World War I, and are--
(1) to provide for the veterans of World War I an
organization for their mutual benefit, pleasure, and amusement
which will afford them opportunities and means for personal
contact with each other to keep alive friendships and memories
of World War I and to venerate the memory of their honored dead;
[[Page 112 STAT. 1483]]
(2) to cooperate to the fullest extent and in a harmonious
manner with all veterans' organizations so that the best
interests of all veterans of all wars in which the United States
has participated, and the widows and orphans of deceased
veterans of those wars, may best be served;
(3) to stimulate communities and political subdivisions into
taking more interest in veterans of World War I, the widows and
orphans of those deceased veterans, and the problems of those
veterans and their widows and orphans;
(4) to collate, preserve, and encourage the study of
historical episodes, chronicles, mementos, and events pertaining
to World War I;
(5) to fight vigorously to uphold the Constitution and laws
of the United States as well as the individual States of the
Union and to foster the spirit and practice of true Americanism;
(6) to fight unceasingly for our national security to
protect Americans from enemies within our borders, as well as
those from without, so that our American way of life is
preserved;
(7) to fight to the utmost all those alien forces,
particularly forces such as communism, whose objectives are to
deny our very existence as a free people; and
(8) to do any other act necessary and proper to carry out
the purposes of the corporation.
Sec. 230303. Membership
(a) Eligibility.--Eligibility for membership in the corporation and
the rights, privileges, and designation of classes of members are as
provided in the constitution and bylaws of the corporation. However, an
individual who did not serve honorably in the Armed Forces of the United
States during the period beginning April 6, 1917, and ending November
11, 1918, is not eligible for all classes of membership.
(b) Voting.--Each member of the corporation (except an associate or
honorary member) has one vote on each matter submitted to a vote at a
meeting of the members of the corporation except the national
convention.
Sec. 230304. Governing body
(a) National Convention.--(1) The national convention is the supreme
governing authority of the corporation.
(2) The national convention is composed of officers and elected
representatives from the States and other local subdivisions of the
corporation as provided in the constitution and bylaws of the
corporation. However, the form of government of the corporation must be
representative of the membership at large and may not permit
concentration of control in a limited number of members or in a self-
perpetuating group not representative of the membership at large. Each
elected representative is entitled to one vote at the national
convention.
(3) The meetings of the national convention may be held in the
District of Columbia or in any State, territory, or possession of the
United States.
(b) Board of Administration.--(1) During the intervals between the
national convention, the board of administration is the governing board
of the corporation and is responsible for the general policies, program,
and activities of the corporation.
[[Page 112 STAT. 1484]]
(2) The board shall consist of at least 7 members elected in the
manner and for the term provided in the constitution and bylaws.
(c) Officers.--(1) The officers of the corporation are a national
commander, a national senior vice commander, a national junior vice
commander, a national quartermaster, a national adjutant, a national
judge advocate, 9 regional vice commanders, and other officers as
provided in the constitution and bylaws. One individual may hold the
offices of national quartermaster and national adjutant.
(2) The titles, manner of selection, term of office, and duties of
the officers are as provided in the constitution and bylaws.
Sec. 230305. Powers
The corporation may--
(1) adopt and amend a constitution and bylaws for the
management of its property and the regulation of its affairs;
(2) adopt and alter a corporate seal;
(3) choose officers, managers, employees, and agents as the
activities of the corporation require;
(4) make contracts;
(5) acquire, own, lease, encumber, and transfer property as
necessary or convenient to carry out the purposes of the
corporation;
(6) borrow money, issue instruments of indebtedness, and
secure its obligations by granting security interests in its
property;
(7) sue and be sued; and
(8) do any other act necessary and proper to carry out the
purposes of the corporation.
Sec. 230306. Exclusive right to name, seals, emblems, and badges
The corporation and its subordinate divisions have the exclusive
right to use the name ``Veterans of World War I of the United States of
America, Incorporated''. The corporation has the exclusive right to use,
and to allow others to use, seals, emblems, and badges the corporation
adopts.
Sec. 230307. Restrictions
(a) Stocks and Dividends.--The corporation may not issue stock or
declare or pay a dividend.
(b) Political Activities.--The corporation or an officer or agent as
such may not contribute to, support, or assist a political party or
candidate for public office.
(c) Distribution of Income or Assets.--The income or assets of the
corporation may not inure to the benefit of, or be distributed to, an
officer or member during the life of the corporation or on its
dissolution or final liquidation. This subsection does not prevent the
payment of compensation to an officer or reimbursement for actual
necessary expenses in amounts approved by the board of administration of
the corporation.
(d) Loans.--The corporation may not make a loan or advance to an
officer or employee. Members of the board of administration who vote for
or assent to making a loan or advance to an officer or employee, and
officers who participate in making the loan or
[[Page 112 STAT. 1485]]
advance, are jointly and severally liable to the corporation for the
amount of the loan or advance until it is repaid.
Sec. 230308. Principal office
The principal office of the corporation shall be in the District of
Columbia or another place decided by the board of administration.
However, the activities of the corporation are not confined to the place
where the principal office is located but may be conducted in the
District of Columbia and throughout the States, territories, and
possessions of the United States.
Sec. 230309. Records and inspection
(a) Records.--The corporation shall keep--
(1) correct and complete records of account; and
(2) minutes of the proceedings of its national convention
and board of administration.
(b) Inspection.--A member, or an agent or attorney of the member,
may inspect the records of the corporation for any proper purpose, at
any reasonable time.
Sec. 230310. Service of process
The corporation shall have a designated agent in the District of
Columbia to receive service of process for the corporation. Notice to or
service on the agent, or mailed to the business address of the agent, is
notice to or service on the corporation.
Sec. 230311. Liability for acts of officers and agents
The corporation is liable for the acts of its officers and agents
acting within the scope of their authority.
Sec. 230312. Annual report
Not later than March 1 of each year, the corporation shall submit a
report to Congress on the activities of the corporation during the prior
fiscal year. The report may consist of a report on the proceedings of
the national convention.
Sec. 230313. Termination of existence and distribution of assets
(a) Authority To Make Contingent Provisions.--The national
convention, by resolution, may declare that the corporate existence will
terminate on the occurrence of a specified event and provide for the
disposition of any property remaining after the discharge of all
liabilities.
(b) Procedure for Carrying Out Contingent Provisions.--(1) An
authenticated copy of the national convention's resolution must be filed
in the office of the United States District Court for the District of
Columbia.
(2) The court shall take jurisdiction when--
(A) the declared event has occurred; and
(B) a petition is filed with the court reciting the relevant
facts.
(3) On proof of the facts, the court shall enter an order vesting
title and ownership in accordance with the resolution of the national
convention.
CHAPTER 2305--VIETNAM VETERANS OF AMERICA, INC.
Sec.
230501. Definition.
[[Page 112 STAT. 1486]]
230502. Organization.
230503. Purposes.
230504. Membership.
230505. Governing body.
230506. Powers.
230507. Exclusive right to name, seals, emblems, and badges.
230508. Restrictions.
230509. Duty to maintain tax-exempt status.
230510. Records and inspection.
230511. Service of process.
230512. Liability for acts of officers and agents.
230513. Annual report.
Sec. 230501. Definition
For purposes of this chapter, ``State'' includes the District of
Columbia and the territories and possessions of the United States.
Sec. 230502. Organization
(a) Federal Charter.--Vietnam Veterans of America, Inc. (in this
chapter, the ``corporation''), a nonprofit corporation incorporated in
New York, is a federally chartered corporation.
(b) Expiration of Charter.--If the corporation does not comply with
any provision of this chapter, the charter granted by this chapter
expires.
Sec. 230503. Purposes
The purposes of the corporation are as provided in its articles of
incorporation, constitution, and bylaws and include a commitment--
(1) to uphold and defend the Constitution of the United
States;
(2) to foster improvement of the condition of Vietnam-era
veterans;
(3) to promote the social welfare (including educational,
economic, social, physical, and cultural improvement) of
Vietnam-era veterans and other veterans in the United States by
encouraging their growth, development, readjustment, self-
respect, self-confidence, and usefulness;
(4) to improve conditions for Vietnam-era veterans and
develop channels of communication to assist Vietnam-era
veterans;
(5) to conduct and publish research, on a nonpartisan basis,
pertaining to--
(A) the relationship between Vietnam-era veterans
and American society;
(B) the Vietnam war experience;
(C) the role of the United States in securing
peaceful coexistence for the world community; and
(D) other matters that affect the educational,
economic, social, physical, or cultural welfare of
Vietnam-era veterans, other veterans, and their
families;
(6) to assist disabled Vietnam-era veterans and other
veterans in need of assistance and the dependents and survivors
of those veterans; and
(7) to consecrate the efforts of the members of the
corporation, and Vietnam-era veterans generally, to mutual
helpfulness and service to their country.
Sec. 230504. Membership
(a) Eligibility.--Except as provided in this chapter, eligibility
for membership in the corporation and the rights and privileges
[[Page 112 STAT. 1487]]
of members are as provided in the constitution and bylaws of the
corporation.
(b) Nondiscrimination.--The terms of membership may not discriminate
on the basis of race, color, religion, sex, disability, age, or national
origin.
Sec. 230505. Governing body
(a) Board of Directors.--The board of directors and the
responsibilities of the board are as provided in the constitution and
bylaws of the corporation.
(b) Officers.--The officers and the election of officers are as
provided in the constitution and bylaws of the corporation.
(c) Nondiscrimination.--The requirements for serving as a director
or officer may not discriminate on the basis of race, color, religion,
sex, disability, age, or national origin.
Sec. 230506. Powers
The corporation has only the powers provided in its articles of
incorporation filed in the State of incorporation and in its
constitution and bylaws.
Sec. 230507. Exclusive right to name, seals, emblems, and badges
The corporation has the exclusive right to use the names ``The
Vietnam Veterans of America, Inc.'', ``Vietnam Veterans of America,
Inc.'', and ``Vietnam Veterans of America'', and seals, emblems, and
badges the corporation adopts. This section does not affect any vested
rights.
Sec. 230508. Restrictions
(a) Stock and Dividends.--The corporation may not issue stock or
declare or pay a dividend.
(b) Distribution of Income or Assets.--The income or assets of the
corporation may not inure to the benefit of, or be distributed to, a
director, officer, or member during the life of the charter granted by
this chapter. This subsection does not prevent the payment of reasonable
compensation to an officer or reimbursement for actual necessary
expenses in amounts approved by the board of directors.
(c) Loans.--The corporation may not make a loan to a director,
officer, or employee.
(d) Claim of Governmental Approval or Authority.--The corporation
may not claim congressional approval or the authority of the United
States Government for any of its activities.
Sec. 230509. Duty to maintain tax-exempt status
The corporation shall maintain its status as an organization exempt
from taxation under the Internal Revenue Code of 1986 (26 U.S.C. 1 et
seq.).
Sec. 230510. Records and inspection
(a) Records.--The corporation shall keep--
(1) correct and complete records of account;
(2) minutes of the proceedings of its members, board of
directors, and committees having any of the authority of its
board of directors; and
[[Page 112 STAT. 1488]]
(3) at its principal office, a record of the names and
addresses of its members entitled to vote.
(b) Inspection.--A member entitled to vote, or an agent or attorney
of the member, may inspect the records of the corporation for any proper
purpose, at any reasonable time.
Sec. 230511. Service of process
The corporation shall comply with the law on service of process of
each State in which it is incorporated and each State in which it
carries on activities.
Sec. 230512. Liability for acts of officers and agents
The corporation is liable for the acts of its officers and agents
acting within the scope of their authority.
Sec. 230513. Annual report
The corporation shall submit an annual report to Congress on the
activities of the corporation during the prior fiscal year. The report
shall be submitted at the same time as the report of the audit required
by section 10101 of this title. The report may not be printed as a
public document.
CHAPTER 2401--WOMEN'S ARMY CORPS VETERANS' ASSOCIATION
Sec.
240101. Definition.
240102. Organization.
240103. Purposes.
240104. Membership.
240105. Governing body.
240106. Powers.
240107. Restrictions.
240108. Duty to maintain tax-exempt status.
240109. Records and inspection.
240110. Service of process.
240111. Liability for acts of officers and agents.
240112. Annual report.
Sec. 240101. Definition
For purposes of this chapter, ``State'' includes the District of
Columbia and the territories and possessions of the United States.
Sec. 240102. Organization
(a) Federal Charter.--Women's Army Corps Veterans' Association (in
this chapter, the ``corporation''), a nonprofit corporation incorporated
in the District of Columbia, is a federally chartered corporation.
(b) Expiration of Charter.--If the corporation does not comply with
any provision of this chapter, the charter granted by this chapter
expires.
Sec. 240103. Purposes
The purposes of the corporation are as provided in its articles of
incorporation and include a continuing commitment on a national basis--
(1) to promote the general welfare of all veterans,
especially women veterans, who have served or are serving in the
United States Army, the Army Reserve, and the Army National
Guard;
(2) to recognize outstanding women in college ROTC units
throughout the United States; and
[[Page 112 STAT. 1489]]
(3) to provide services and support to patients in medical
facilities of the Department of Veterans Affairs throughout the
United States.
Sec. 240104. Membership
Eligibility for membership in the corporation and the rights and
privileges of members are as provided in the constitution and bylaws of
the corporation.
Sec. 240105. Governing body
(a) Board of Directors.--The board of directors and the
responsibilities of the board are as provided in the articles of
incorporation.
(b) Officers.--The officers and the election of officers are as
provided in the articles of incorporation.
Sec. 240106. Powers
The corporation has only the powers provided in its bylaws and
articles of incorporation filed in each State in which it is
incorporated.
Sec. 240107. Restrictions
(a) Stock and Dividends.--The corporation may not issue stock or
declare or pay a dividend.
(b) Political Activities.--The corporation or a director or officer
as such may not contribute to, support, or otherwise participate in any
political activity or in any manner attempt to influence legislation.
(c) Distribution of Income or Assets.--The income or assets of the
corporation may not inure to the benefit of, or be distributed to, a
director, officer, or member during the life of the charter granted by
this chapter. This subsection does not prevent the payment of reasonable
compensation to an officer or reimbursement for actual necessary
expenses in amounts approved by the board of directors.
(d) Loans.--The corporation may not make a loan to a director,
officer, or employee.
(e) Claim of Governmental Approval or Authority.--The corporation
may not claim the approval or the authority of the United States
Government for any of its activities.
Sec. 240108. Duty to maintain tax-exempt status
The corporation shall maintain its status as an organization exempt
from taxation under the Internal Revenue Code of 1986 (26 U.S.C. 1 et
seq.).
Sec. 240109. Records and inspection
(a) Records.--The corporation shall keep--
(1) correct and complete records of account;
(2) minutes of the proceedings of its members, board of
directors, and committees having any of the authority of its
board of directors; and
(3) at its principal office, a record of the names and
addresses of its members entitled to vote.
(b) Inspection.--A member entitled to vote, or an agent or attorney
of the member, may inspect the records of the corporation for any proper
purpose, at any reasonable time.
[[Page 112 STAT. 1490]]
Sec. 240110. Service of process
The corporation shall comply with the law on service of process of
each State in which it is incorporated and each State in which it
carries on activities.
Sec. 240111. Liability for acts of officers and agents
The corporation is liable for the acts of its officers or agents
acting within the scope of their authority.
Sec. 240112. Annual report
The corporation shall submit an annual report to Congress on the
activities of the corporation during the prior fiscal year. The report
shall be submitted at the same time as the report of the audit required
by section 10101 of this title. The report may not be printed as a
public document.
CHAPTER 2501--[RESERVED]
CHAPTER 2601--[RESERVED]
CHAPTER 2701--[RESERVED]
SUBTITLE III--TREATY OBLIGATION ORGANIZATIONS
Chapter Sec.
THE AMERICAN NATIONAL RED CROSS
300101
CHAPTER 3001--THE AMERICAN NATIONAL RED CROSS
Sec.
300101. Organization.
300102. Purposes.
300103. Membership and chapters.
300104. Board of governors.
300105. Powers.
300106. Emblem, badge, and brassard.
300107. Annual meeting.
300108. Buildings.
300109. Endowment fund.
300110. Annual report and audit.
300111. Reservation of right to amend or repeal.
Sec. 300101. Organization
(a) Federal Charter.--The American National Red Cross (in this
chapter, the ``corporation'') is a body corporate and politic in the
District of Columbia.
(b) Name.--The name of the corporation is ``The American National
Red Cross''.
(c) Perpetual Existence.--Except as otherwise provided, the
corporation has perpetual existence.
Sec. 300102. Purposes
The purposes of the corporation are--
(1) to provide volunteer aid in time of war to the sick and
wounded of the Armed Forces, in accordance with the spirit and
conditions of--
(A) the conference of Geneva of October 1863;
(B) the treaties of the Red Cross, or the treaties
of Geneva, August 22, 1864, July 27, 1929, and August
12,
[[Page 112 STAT. 1491]]
1949, to which the United States of America has given
its adhesion; and
(C) any other treaty, convention, or protocol
similar in purpose to which the United States of America
has given or may give its adhesion;
(2) in carrying out the purposes described in paragraph (1)
of this section, to perform all the duties devolved on a
national society by each nation that has acceded to any of those
treaties, conventions, or protocols;
(3) to act in matters of voluntary relief and in accordance
with the military authorities as a medium of communication
between the people of the United States and the Armed Forces of
the United States and to act in those matters between similar
national societies of governments of other countries through the
International Committee of the Red Cross and the Government, the
people, and the Armed Forces of the United States; and
(4) to carry out a system of national and international
relief in time of peace, and to apply that system in mitigating
the suffering caused by pestilence, famine, fire, floods, and
other great national calamities, and to devise and carry out
measures for preventing those calamities.
Sec. 300103. Membership and chapters
(a) Membership.--Membership in the corporation is open to all the
people of the United States and its territories and possessions, on
payment of an amount specified in the bylaws.
(b) Chapters.--(1) The chapters of the corporation are the local
units of the corporation. The board of governors shall prescribe
regulations related to--
(A) granting charters to the chapters and revoking those
charters;
(B) the territorial jurisdiction of the chapters;
(C) the relationship of the chapters to the corporation; and
(D) compliance by the chapters with the policies and
regulations of the corporation.
(2) The regulations shall require that each chapter adhere to the
democratic principles of election specified in the bylaws in electing
the governing body of the chapter and selecting delegates to the
national convention of the corporation.
Sec. 300104. Board of governors
(a) Board of Governors.--(1) The board of governors is the governing
body of the corporation with all powers of governing and managing the
corporation. The board has 50 members. The governors shall be appointed
or elected in the following manner:
(A) The President shall appoint eight governors, one of whom
the President shall designate to act as the principal officer of
the corporation with the title and functions provided in the
bylaws. The other governors appointed by the President shall be
officials of departments and agencies of the United States
Government, whose positions and interests qualify them to
contribute to carrying out the programs and purposes of the
corporation. At least one, but not more than three, of those
officials shall be selected from the Armed Forces.
[[Page 112 STAT. 1492]]
(B) The chapters shall elect 30 governors at the national
convention under procedures for nomination and election that
ensure equitable representation of all chapters, with regard to
geographical considerations, the size of the chapters, and the
size of the populations served by the chapters.
(C) The board shall elect 12 governors as members-at-large.
Those governors shall be individuals who are representative of
the national interests that the corporation serves, and with
which it is desirable that the corporation have close
association.
(2) One-third of the members elected to the board shall be elected
at each national convention, and take office at that time or as soon as
practicable after the convention.
(b) Term of Office and Vacancies.--(1) The term of office of each
governor is 3 years. However, the term of office of a governor appointed
by the President (except the principal officer of the corporation)
expires if, before the end of the 3-year term, the governor retires from
the official position held at the time of appointment as a governor.
(2) The President shall fill as soon as practicable a vacancy in the
office of the principal officer of the corporation or in the position of
another governor appointed by the President. The board shall make a
temporary appointment to fill a vacancy occurring in an elected position
on the board. An individual appointed by the board to fill a vacancy
serves until the next national convention.
(c) Executive Committee.--The board may--
(1) appoint, from its own members, an executive committee of
at least 11 individuals to exercise the powers of the board when
the board is not in session; and
(2) appoint and remove, or provide for the appointment and
removal of, officers and employees of the corporation, except
the principal officer of the corporation.
(d) Voting by Proxy.--Voting by proxy is not allowed at any meeting
of the board, at the national convention, or at any meeting of a
chapter. However, the board may allow the election of governors by proxy
at the national convention if the board believes a national emergency
makes attendance at the national convention impossible.
Sec. 300105. Powers
(a) General.--The corporation may--
(1) adopt bylaws and regulations;
(2) adopt, alter, and destroy a seal;
(3) own and dispose of property to carry out the purposes of
the corporation;
(4) accept gifts, devises, and bequests of property to carry
out the purposes of the corporation;
(5) sue and be sued in courts of law and equity, State or
Federal, within the jurisdiction of the United States; and
(6) do any other act necessary to carry out this chapter and
promote the purposes of the corporation.
(b) Designation.--The corporation is designated as the organization
authorized to act in matters of relief under the treaties of Geneva,
August 22, 1864, July 27, 1929, and August 12, 1949.
Sec. 300106. Emblem, badge, and brassard
(a) Emblem and Badge.--In carrying out its purposes under this
chapter, the corporation may have and use, as an emblem
[[Page 112 STAT. 1493]]
and badge, a Greek red cross on a white ground, as described in the
treaties of Geneva, August 22, 1864, July 27, 1929, and August 12, 1949,
and adopted by the nations acceding to those treaties.
(b) Delivery of Brassard.--In accordance with those treaties, the
delivery of the brassard allowed for individuals neutralized in time of
war shall be left to military authority.
Sec. 300107. Annual meeting
The annual meeting of the corporation is the national convention of
delegates of the chapters. The national convention shall be held
annually on a date and at a place specified by the board of governors.
In matters requiring a vote at the national convention, each chapter is
entitled to at least one vote. The board shall determine on an equitable
basis the number of votes that each chapter is entitled to cast, taking
into consideration the size of the membership of the chapters and of the
populations served by the chapters. The board shall review the
allocation of votes at least every 5 years.
Sec. 300108. Buildings
(a) Ownership.--The United States Government shall retain ownership
of the corporation's permanent headquarters, comprised of buildings
erected on square 172 in the District of Columbia, including--
(1) the memorial building to commemorate the service and
sacrifice of the women of the United States, North and South,
during the Civil War, erected for the use of the corporation;
(2) the memorial building to commemorate the service and
sacrifice of the patriotic women of the United States, its
territories and possessions, and the District of Columbia during
World War I, erected for the use of the corporation; and
(3) the permanent building erected for the use of the
corporation in connection with its work in cooperation with the
Government.
(b) Maintenance and Expenses.--Those buildings shall remain under
the supervision of the Administrator of General Services. However, the
corporation shall care for and maintain the buildings without expense to
the Government.
Sec. 300109. Endowment fund
The endowment fund of the corporation shall be kept and invested
under the management and control of a board of nine trustees elected by
the board of governors. The board of governors shall prescribe
regulations on terms and tenure of office, accountability, and expenses
of the board of trustees.
Sec. 300110. Annual report and audit
(a) Submission of Report.--As soon as practicable after July 1 of
each year, the corporation shall submit a report to the Secretary of
Defense on the activities of the corporation during the fiscal year
ending June 30, including a complete, itemized report of all receipts
and expenditures.
(b) Auditing of Report and Submission to Congress.--The Secretary
shall audit the report and submit a copy of the audited report to
Congress.
[[Page 112 STAT. 1494]]
(c) Payment of Audit Expenses.--The corporation shall reimburse the
Secretary each year for auditing its accounts. The amount paid shall be
deposited in the Treasury of the United States as a miscellaneous
receipt.
Sec. 300111. Reservation of right to amend or repeal
Congress reserves the right to amend or repeal the provisions of
this chapter.
SEC. 2. THE FLAG.
(a) Chapter 1 of title 4, United States Code, is amended by adding
at the end the following new sections:
``Sec. 4. Pledge of allegiance to the flag; manner of delivery
``The Pledge of Allegiance to the Flag, `I pledge allegiance to the
Flag of the United States of America, and to the Republic for which it
stands, one Nation under God, indivisible, with liberty and justice for
all.', should be rendered by standing at attention facing the flag with
the right hand over the heart. When not in uniform men should remove
their headdress with their right hand and hold it at the left shoulder,
the hand being over the heart. Persons in uniform should remain silent,
face the flag, and render the military salute.
``Sec. 5. Display and use of flag by civilians; codification of rules
and customs; definition
``The following codification of existing rules and customs
pertaining to the display and use of the flag of the United States of
America is established for the use of such civilians or civilian groups
or organizations as may not be required to conform with regulations
promulgated by one or more executive departments of the Government of
the United States. The flag of the United States for the purpose of this
chapter shall be defined according to sections 1 and 2 of this title and
Executive Order 10834 issued pursuant thereto.
``Sec. 6. Time and occasions for display
``(a) It is the universal custom to display the flag only from
sunrise to sunset on buildings and on stationary flagstaffs in the open.
However, when a patriotic effect is desired, the flag may be displayed
24 hours a day if properly illuminated during the hours of darkness.
``(b) The flag should be hoisted briskly and lowered ceremoniously.
``(c) The flag should not be displayed on days when the weather is
inclement, except when an all weather flag is displayed.
``(d) The flag should be displayed on all days, especially on New
Year's Day, January 1; Inauguration Day, January 20; Lincoln's Birthday,
February 12; Washington's Birthday, third Monday in February; Easter
Sunday (variable); Mother's Day, second Sunday in May; Armed Forces Day,
third Saturday in May; Memorial Day (half-staff until noon), the last
Monday in May; Flag Day, June 14; Independence Day, July 4; Labor Day,
first Monday in September; Constitution Day, September 17; Columbus Day,
second Monday in October; Navy Day, October 27; Veterans Day, November
11; Thanksgiving Day, fourth Thursday in November; Christmas Day,
December 25; and such other days as may be proclaimed
[[Page 112 STAT. 1495]]
by the President of the United States; the birthdays of States (date of
admission); and on State holidays.
``(e) The flag should be displayed daily on or near the main
administration building of every public institution.
``(f ) The flag should be displayed in or near every polling place
on election days.
``(g) The flag should be displayed during school days in or near
every schoolhouse.
``Sec. 7. Position and manner of display
``The flag, when carried in a procession with another flag or flags,
should be either on the marching right; that is, the flag 's own right,
or, if there is a line of other flags, in front of the center of that
line.
``(a) The flag should not be displayed on a float in a parade except
from a staff, or as provided in subsection (i) of this section.
``(b) The flag should not be draped over the hood, top, sides, or
back of a vehicle or of a railroad train or a boat. When the flag is
displayed on a motorcar, the staff shall be fixed firmly to the chassis
or clamped to the right fender.
``(c) No other flag or pennant should be placed above or, if on the
same level, to the right of the flag of the United States of America,
except during church services conducted by naval chaplains at sea, when
the church pennant may be flown above the flag during church services
for the personnel of the Navy. No person shall display the flag of the
United Nations or any other national or international flag equal, above,
or in a position of superior prominence or honor to, or in place of, the
flag of the United States at any place within the United States or any
Territory or possession thereof: Provided, That nothing in this section
shall make unlawful the continuance of the practice heretofore followed
of displaying the flag of the United Nations in a position of superior
prominence or honor, and other national flags in positions of equal
prominence or honor, with that of the flag of the United States at the
headquarters of the United Nations.
``(d) The flag of the United States of America, when it is displayed
with another flag against a wall from crossed staffs, should be on the
right, the flag 's own right, and its staff should be in front of the
staff of the other flag.
``(e) The flag of the United States of America should be at the
center and at the highest point of the group when a number of flags of
States or localities or pennants of societies are grouped and displayed
from staffs.
``(f ) When flags of States, cities, or localities, or pennants of
societies are flown on the same halyard with the flag of the United
States, the latter should always be at the peak. When the flags are
flown from adjacent staffs, the flag of the United States should be
hoisted first and lowered last. No such flag or pennant may be placed
above the flag of the United States or to the United States flag 's
right.
``(g) When flags of two or more nations are displayed, they are to
be flown from separate staffs of the same height. The flags should be of
approximately equal size. International usage forbids the display of the
flag of one nation above that of another nation in time of peace.
``(h) When the flag of the United States is displayed from a staff
projecting horizontally or at an angle from the window
[[Page 112 STAT. 1496]]
sill, balcony, or front of a building, the union of the flag should be
placed at the peak of the staff unless the flag is at half-staff. When
the flag is suspended over a sidewalk from a rope extending from a house
to a pole at the edge of the sidewalk, the flag should be hoisted out,
union first, from the building.
``(i) When displayed either horizontally or vertically against a
wall, the union should be uppermost and to the flag 's own right, that
is, to the observer's left. When displayed in a window, the flag should
be displayed in the same way, with the union or blue field to the left
of the observer in the street.
``(j) When the flag is displayed over the middle of the street, it
should be suspended vertically with the union to the north in an east
and west street or to the east in a north and south street.
``(k) When used on a speaker's platform, the flag, if displayed
flat, should be displayed above and behind the speaker. When displayed
from a staff in a church or public auditorium, the flag of the United
States of America should hold the position of superior prominence, in
advance of the audience, and in the position of honor at the clergyman's
or speaker's right as he faces the audience. Any other flag so displayed
should be placed on the left of the clergyman or speaker or to the right
of the audience.
``(l) The flag should form a distinctive feature of the ceremony of
unveiling a statue or monument, but it should never be used as the
covering for the statue or monument.
``(m) The flag, when flown at half-staff, should be first hoisted to
the peak for an instant and then lowered to the half-staff position. The
flag should be again raised to the peak before it is lowered for the
day. On Memorial Day the flag should be displayed at half-staff until
noon only, then raised to the top of the staff. By order of the
President, the flag shall be flown at half-staff upon the death of
principal figures of the United States Government and the Governor of a
State, territory, or possession, as a mark of respect to their memory.
In the event of the death of other officials or foreign dignitaries, the
flag is to be displayed at half-staff according to Presidential
instructions or orders, or in accordance with recognized customs or
practices not inconsistent with law. In the event of the death of a
present or former official of the government of any State, territory, or
possession of the United States, the Governor of that State, territory,
or possession may proclaim that the National flag shall be flown at
half-staff. The flag shall be flown at half-staff 30 days from the death
of the President or a former President; 10 days from the day of death of
the Vice President, the Chief Justice or a retired Chief Justice of the
United States, or the Speaker of the House of Representatives; from the
day of death until interment of an Associate Justice of the Supreme
Court, a Secretary of an executive or military department, a former Vice
President, or the Governor of a State, territory, or possession; and on
the day of death and the following day for a Member of Congress. The
flag shall be flown at half-staff on Peace Officers Memorial Day, unless
that day is also Armed Forces Day. As used in this subsection--
``(1) the term `half-staff' means the position of the flag
when it is one-half the distance between the top and bottom of
the staff;
[[Page 112 STAT. 1497]]
``(2) the term `executive or military department' means any
agency listed under sections 101 and 102 of title 5, United
States Code; and
``(3) the term `Member of Congress' means a Senator, a
Representative, a Delegate, or the Resident Commissioner from
Puerto Rico.
``(n) When the flag is used to cover a casket, it should be so
placed that the union is at the head and over the left shoulder. The
flag should not be lowered into the grave or allowed to touch the
ground.
``(o) When the flag is suspended across a corridor or lobby in a
building with only one main entrance, it should be suspended vertically
with the union of the flag to the observer's left upon entering. If the
building has more than one main entrance, the flag should be suspended
vertically near the center of the corridor or lobby with the union to
the north, when entrances are to the east and west or to the east when
entrances are to the north and south. If there are entrances in more
than two directions, the union should be to the east.
``Sec. 8. Respect for flag
``No disrespect should be shown to the flag of the United States of
America; the flag should not be dipped to any person or thing.
Regimental colors, State flags, and organization or institutional flags
are to be dipped as a mark of honor.
``(a) The flag should never be displayed with the union down, except
as a signal of dire distress in instances of extreme danger to life or
property.
``(b) The flag should never touch anything beneath it, such as the
ground, the floor, water, or merchandise.
``(c) The flag should never be carried flat or horizontally, but
always aloft and free.
``(d) The flag should never be used as wearing apparel, bedding, or
drapery. It should never be festooned, drawn back, nor up, in folds, but
always allowed to fall free. Bunting of blue, white, and red, always
arranged with the blue above, the white in the middle, and the red
below, should be used for covering a speaker's desk, draping the front
of the platform, and for decoration in general.
``(e) The flag should never be fastened, displayed, used, or stored
in such a manner as to permit it to be easily torn, soiled, or damaged
in any way.
``(f ) The flag should never be used as a covering for a ceiling.
``(g) The flag should never have placed upon it, nor on any part of
it, nor attached to it any mark, insignia, letter, word, figure, design,
picture, or drawing of any nature.
``(h) The flag should never be used as a receptacle for receiving,
holding, carrying, or delivering anything.
``(i) The flag should never be used for advertising purposes in any
manner whatsoever. It should not be embroidered on such articles as
cushions or handkerchiefs and the like, printed or otherwise impressed
on paper napkins or boxes or anything that is designed for temporary use
and discard. Advertising signs should not be fastened to a staff or
halyard from which the flag is flown.
``( j) No part of the flag should ever be used as a costume or
athletic uniform. However, a flag patch may be affixed to the uniform of
military personnel, firemen, policemen, and members
[[Page 112 STAT. 1498]]
of patriotic organizations. The flag represents a living country and is
itself considered a living thing. Therefore, the lapel flag pin being a
replica, should be worn on the left lapel near the heart.
``(k) The flag, when it is in such condition that it is no longer a
fitting emblem for display, should be destroyed in a dignified way,
preferably by burning.
``Sec. 9. Conduct during hoisting, lowering or passing of flag
``During the ceremony of hoisting or lowering the flag or when the
flag is passing in a parade or in review, all persons present except
those in uniform should face the flag and stand at attention with the
right hand over the heart. Those present in uniform should render the
military salute. When not in uniform, men should remove their headdress
with their right hand and hold it at the left shoulder, the hand being
over the heart. Aliens should stand at attention. The salute to the flag
in a moving column should be rendered at the moment the flag passes.
``Sec. 10. Modification of rules and customs by President
``Any rule or custom pertaining to the display of the flag of the
United States of America, set forth herein, may be altered, modified, or
repealed, or additional rules with respect thereto may be prescribed, by
the Commander in Chief of the Armed Forces of the United States,
whenever he deems it to be appropriate or desirable; and any such
alteration or additional rule shall be set forth in a proclamation.''.
(b) The analysis of chapter 1 of title 4, United States Code, is
amended by adding at the end the following new items:
``4. Pledge of allegiance to the flag; manner of delivery.
``5. Display and use of flag by civilians; codification of rules and
customs; definition.
``6. Time and occasions for display.
``7. Position and manner of display.
``8. Respect for flag.
``9. Conduct during hoisting, lowering or passing of flag.
``10. Modification of rules and customs by President.''.
SEC. 3. CONFORMING PROVISIONS.
Section 1332 of title 44, United States Code, is amended by striking
``the United Spanish War Veterans,''.
SEC. 4. CONFORMING CROSS-REFERENCES.
(a) Title 10.--Title 10, United States Code, is amended as follows:
(1) In section 2249b, strike ``the provisions of section 3
of the Joint Resolution of June 22, 1942 (56 Stat. 378, chapter
435; 36 U.S.C. 175), and any modification of such provisions
under section 8 of that Joint Resolution (36 U.S.C. 178)'' and
substitute ``section 7 of title 4 and any modification of
section 7 under section 10 of title 4''.
(2) Section 2543 is amended as follows:
(A) In subsection (e)(1), strike ``subsection (b)(2)
of the first section of the Presidential Inaugural
Ceremonies Act (36 U.S.C. 721)'' and substitute
``section 501 of title 36''.
(B) In subsection (e)(2), strike ``the proviso in
section 9 of the Presidential Inaugural Ceremonies Act
(36 U.S.C. 729)'' and substitute ``section 507 of title
36''.
[[Page 112 STAT. 1499]]
(3) In section 9441(b), strike ``section 2 of the Act of
July 1, 1946 (36 U.S.C. 202)'' and substitute ``section 40302 of
title 36''.
(b) Title 18.--Section 2320(d) of title 18, United States Code, is
amended as follows:
(1) In clause (1)(B), strike ``section 110 of the Olympic
Charter Act'' and substitute ``section 220706 of title 36''.
(2) In clause (2), insert ``and'' after the semicolon.
(3) In clause (3), strike ``; and'' and substitute a period.
(4) Strike clause (4).
SEC. 5. LEGISLATIVE PURPOSE AND CONSTRUCTION. <<NOTE: 36 USC note prec.
101.>>
(a) No Substantive Change.--Sections 1 and 2 of this Act restate,
without substantive change, laws enacted before August 16, 1997, that
were replaced by those sections. Those sections may not be construed as
making a substantive change in the laws replaced. Laws enacted after
August 15, 1997, that are inconsistent with this Act supersede this Act
to the extent of the inconsistency.
(b) References.--A reference to a law replaced by section 1 or 2 of
this Act, including a reference in a regulation, order, or other law, is
deemed to refer to the corresponding provision enacted by this Act.
(c) Continuing Effect.--An order, rule, or regulation in effect
under a law replaced by section 1 or 2 of this Act continues in effect
under the corresponding provision enacted by this Act until repealed,
amended, or superseded.
(d) Actions and Offenses Under Prior Law.--An action taken or an
offense committed under a law replaced by section 1 or 2 of this Act is
deemed to have been taken or committed under the corresponding provision
enacted by this Act.
(e) Inferences.--An inference of a legislative construction is not
to be drawn by reason of the location in the United States Code of a
provision enacted by this Act or by reason of a caption or catch line of
the provision.
(f ) Severability.--If a provision enacted by this Act is held
invalid, all valid provisions that are severable from the invalid
provision remain in effect. If a provision enacted by this Act is held
invalid in any of its applications, the provision remains valid for all
valid applications that are severable from any of the invalid
applications.
SEC. 6. REPEALS.
(a) Inferences <<NOTE: 36 USC note prec. 101.>> of Repeal.--The
repeal of a law by this Act may not be construed as a legislative
inference that the provision was or was not in effect before its repeal.
(b) Repealer <<NOTE: 36 USC note prec. 101.>> Schedule.--The laws
specified in the following schedule are repealed, except for rights and
duties that matured, penalties that were incurred, and proceedings that
were begun before the date of enactment of this Act:
[[Page 112 STAT. 1500]]
Schedule of Laws Repealed
Statutes at Large
--------------------------------------------------------------------------------------------------------------------------------------------------------
Statutes at Large U.S. Code
Date Chapter or Public Law Section --------------------------------------------------------
Volume Page Title Section
--------------------------------------------------------------------------------------------------------------------------------------------------------
1863
Mar. 3 111..................... ............................. 12 806..................... 36 251-253
1870
July 14 264..................... ............................. 16 277..................... 36 252
1884
June 20 107..................... ............................. 23 50...................... 36 254
1889
Jan. 4 20...................... ............................. 25 640..................... 36 20
1896
Feb. 20 23...................... ............................. 29 8....................... 36 18-18c
1900
June 6 806..................... ............................. 31 662..................... 36 4401-4408
1901
Mar. 3 860..................... ............................. 31 1438.................... 36 3501-3504
876..................... ............................. 31 1453.................... 36 5401, 5402
1904
Apr. 28 1790.................... ............................. 33 542..................... 36 3504
1905
Jan. 5 23...................... 1-3, 4a-8.................... 33 599, 601................ 36 1, 2, 3, 4a-6,
8, 9
1906
June 9 3065.................... ............................. 34 227..................... 36 20a-20g
June 30 3929.................... ............................. 34 804..................... 36 5301-5311
1910
June 23 372..................... 2............................ 36 604..................... 36 9
1912
Dec. 10 1....................... ............................. 37 647..................... 36 5
1913
Jan. 30 21...................... ............................. 37 654..................... 36 4901, 4901
note, 4902-
4910
1914
May 8 Pub. R. 25.............. ............................. 38 770..................... 36 141, 142
May 27 101..................... ............................. 38 383..................... 36 254, 254 note
1915
Mar. 3 89...................... ............................. 38 955..................... 36 18a
1916
Apr. 17 77...................... ............................. 39 51...................... 36 4201-4206
June 15 148..................... ............................. 39 227..................... 36 21-29
1917
Feb. 27 137..................... ............................. 39 946..................... 36 6
1919
Sept. 16 59...................... ............................. 41 284..................... 36 41-51
1920
May 29 214..................... (1st complete par. on p. 659) 41 659..................... 36 7
May 31 216..................... ............................. 41 691..................... 36 4701-4707
1921
Mar. 3 131..................... ............................. 41 1354.................... 36 5
1922
Apr. 6 121..................... ............................. 42 490..................... 36 3502
1923
Mar. 3 228..................... ............................. 42 1441.................... 36 61-66
Mar. 4 283..................... ............................. 42 1509.................... 36 121, 122b, 123-
125, 127, 128,
131, 132, 138-
138c
1924
Apr. 2 81...................... 1 (2d, last provisos in par. 43 35...................... 36 122, 133
under heading ``American
Battle Monuments
Commission'').
June 7 292..................... 1 (provisos in par. under 43 522..................... 36 122, 133
heading ``American Battle
Monuments Commission'').
296..................... ............................. 43 535..................... 36 81-88
369..................... ............................. 43 665..................... 36 15
[[Page 112 STAT. 1501]]
1925
Feb. 6 142..................... ............................. 43 808..................... 36 20d
Feb. 24 303..................... ............................. 43 966..................... 36 91-105
1926
Feb. 5 11...................... ............................. 44 4....................... 36 18a
Apr. 22 171..................... 1 (2d-last provisos in par. 44 307..................... 36 122, 133-135
under heading ``American
Battle Monuments
Commission'').
May 5 246..................... ............................. 44 403..................... 36 14
1927
Feb. 11 104..................... 1 (provisos in par. under 44 1071.................... 36 122, 133-137
heading ``American Battle
Monuments Commission'').
1928
May 16 580..................... 1 (provisos in par. under 45 575..................... 36 122, 134, 135
heading ``American Battle
Monuments Commission'').
May 18 643..................... ............................. 45 617..................... 36 143
1929
Feb. 20 270..................... 1 (1st, 2d, last provisos in 45 1231, 1232.............. 36 122, 134, 135
par. under heading
``American Battle Monuments
Commission'').
June 14 23...................... ............................. 46 11...................... 36 4902
1930
Feb. 7 42...................... ............................. 46 66...................... 36 13
Apr. 19 201..................... 1 (1st, 2d, last provisos in 46 230, 231................ 36 122, 134, 135
par. under heading
``American Battle Monuments
Commission'').
1931
Feb. 23 281..................... 1 (1st, 2d, last provisos in 46 1356.................... 36 122, 134, 135
par. under heading
``American Battle Monuments
Commission'').
Mar. 3 436..................... ............................. 46 1508.................... 36 170
1932
June 17 268..................... ............................. 47 320..................... 36 90a-90k
June 30 330..................... 1 (1st, 2d, last provisos in 47 454..................... 36 122, 134, 135
par. under heading
``American Battle Monuments
Commission'').
1933
Mar. 3 214..................... ............................. 47 1544.................... 36 16
May 20 36...................... ............................. 48 73...................... 36 145
June 16 101..................... 1 (1st, last provisos in par. 48 285..................... 36 122, 135
under heading ``American
Battle Monuments
Commission'').
1934
Apr. 30 184..................... ............................. 48 657..................... 36 146
June 7 425..................... ............................. 48 925..................... 36 3502, 3504
1935
Feb. 2 3....................... 1 (1st, 3d, last provisos in 49 7....................... 36 121a, 122, 135
par. under heading
``American Battle Monuments
Commission'').
June 28 323..................... 1, 2......................... 49 426..................... 36 491, 491 note
July 5 373..................... ............................. 49 457..................... 36 3301-3310
Aug. 12 508..................... 1 (par. under heading 49 594..................... 36 491 note
``Memorial to Personnel of
American Expeditionary
Forces'').
1936
Mar. 19 156..................... 1 (1st, 3d, last provisos in 49 1169.................... 36 121a, 122, 135
par. under heading
``American Battle Monuments
Commission'').
May 28 471..................... ............................. 49 1390.................... 36 111-120
[[Page 112 STAT. 1502]]
June 15 546..................... ............................. 49 1501.................... 36 139-139b
June 23 736..................... ............................. 49 1895.................... 36 147, 148
1937
June 14 336..................... ............................. 50 257..................... 36 5305-5308
June 28 396..................... 1 (1st, 3d, last provisos in 50 331..................... 36 121a, 122, 135
par. under heading
``American Battle Monuments
Commission'').
Aug. 4 564..................... ............................. 50 558..................... 36 57-59
Aug. 16 666..................... ............................. 50 668..................... 36 149
Aug. 25 762..................... ............................. 50 798..................... 36 3201, 3201
note, 3202-
3209
1938
Mar. 28 56...................... ............................. 52 148..................... 36 150
May 23 259..................... 1 (1st, 3d, last provisos in 52 412..................... 36 121a, 122, 135
par. under heading
``American Battle Monuments
Commission'').
June 29 796..................... ............................. 52 1226.................... 36 5401, 5402
1939
Mar. 16 11...................... 1 (1st, 3d, last provisos in 53 525..................... 36 121a, 122, 135
par. under heading
``American Battle Monuments
Commission'').
May 11 123..................... ............................. 53 739..................... 36 151
1940
Apr. 18 107..................... 1 (1st, 3d, last provisos in 54 113..................... 36 121a, 122, 135
par. under heading
``American Battle Monuments
Commission'').
June 6 239..................... ............................. 54 232..................... 36 140, 140 note,
140a-140c
Sept. 24 730..................... ............................. 54 960..................... 36 149 note
Oct. 10 840..................... ............................. 54 1093.................... 36 151a
1941
Apr. 5 40...................... 1 (provisos in par. under 55 95...................... 36 121a, 122, 135
heading ``American Battle
Monuments Commission'').
1942
June 22 435..................... ............................. 56 377..................... 36 171-178
June 27 450..................... 1 (provisos in par. under 56 395..................... 36 121a, 122, 135
heading ``American Battle
Monuments Commission'').
July 15 505..................... ............................. 56 659..................... 36 90a, 90c, 90e-
90j
July 30 537..................... ............................. 56 728..................... 36 149 note
Sept. 26 563..................... ............................. 56 758..................... 36 97
Oct. 17 615..................... ............................. 56 796..................... 36 179-182
Oct. 29 633..................... ............................. 56 1012.................... 36 43, 45
Dec. 22 806..................... ............................. 56 1074.................... 36 171-178
1943
June 26 145..................... 101 (provisos in par. under 57 171..................... 36 121a, 122, 135
heading ``American Battle
Monuments Commission'').
1944
June 27 286..................... 101 (provisos in par. under 58 363..................... 36 121a, 122, 135
heading ``American Battle
Monuments Commission'').
1945
May 3 106..................... 101 (provisos in par. under 59 107..................... 36 121a, 122, 135
heading ``American Battle
Monuments Commission'').
[[Page 112 STAT. 1503]]
Aug. 11 363..................... ............................. 59 530..................... 36 155
Dec. 28 607..................... ............................. 59 668..................... 36 172
1946
Mar. 28 113..................... 101 (provisos in par. under 60 62...................... 36 121a, 135
heading ``American Battle
Monuments Commission'').
June 26 502..................... ............................. 60 317, 318................ 36 121, 123-125,
127, 128, 131,
132, 138-138b
July 1 527..................... ............................. 60 346..................... 36 201-208
July 9 546..................... ............................. 60 524..................... 36 45
1947
May 8 50...................... ............................. 61 80...................... 36 1 note, 1a, 2,
3, 4a, 5, 9
July 23 298..................... ............................. 61 403..................... 36 67-67s
1948
Apr. 20 219..................... 101 (last proviso in par. 62 179..................... 36 122
under heading ``American
Battle Monuments
Commission'').
June 30 755..................... ............................. 62 1150.................... 36 156
1949
July 11 302..................... ............................. 63 409..................... 36 155a, 155b
Aug. 3 385..................... ............................. 63 492..................... 36 157
Aug. 24 506..................... 101 (last proviso in par. 63 633..................... 36 122
under heading ``American
Battle Monuments
Commission'').
1950
Mar. 16 62...................... ............................. 64 22...................... 36 31-38a
May 11 182..................... ............................. 64 158..................... 36 169g
June 30 431..................... 1-14, 16-19.................. 64 312, 315................ 36 221-234, 236-
239
Aug. 30 823..................... 1-13, 15-21.................. 64 563, 566................ 36 271-283, 285-
291
Sept. 6 896..................... 101 (last proviso in par. 64 699..................... 36 122
under heading ``American
Battle Monuments
Commission'').
Sept. 20 956..................... ............................. 64 868..................... 36 311-317
958..................... 1-8, 10-12................... 64 869, 872................ 36 341-348, 350-
352
Sept. 21 975..................... ............................. 64 899..................... 36 371-382b, 391-
396
Dec. 28 1177.................... ............................. 64 1122.................... 36 45
1178.................... ............................. 64 1122.................... 36 67e
1951
Apr. 16 29...................... ............................. 65 31...................... 36 39
July 30 255..................... ............................. 65 130..................... 36 18a
Aug. 17 328..................... ............................. 65 192..................... 36 36
Aug. 31 376..................... 101 (provisos in 1st par. 65 269..................... 36 122
under heading ``American
Battle Monuments
Commission'').
Oct. 27 593..................... ............................. 65 659..................... 36 158
1952
Feb. 29 49...................... 1............................ 66 9....................... 36 153
Apr. 3 131..................... 1-15, 17-21.................. 66 37, 41.................. 36 401-415, 417-
421
Apr. 17 216..................... ............................. 66 64...................... 36 169h
July 5 578..................... 101 (provisos in 1st par. 66 395..................... 36 121b, 122
under heading ``American
Battle Monuments
Commission'').
1953
May 21 63...................... 1............................ 67 27...................... 36 4702
May 27 70...................... ............................. 67 35...................... 36 179-182
May 29 85...................... ............................. 67 40...................... 36 111, 115
June 26 152..................... ............................. 67 81...................... 36 97, 98
153..................... ............................. 67 82...................... 36 44, 48
July 9 183..................... ............................. 67 142..................... 36 175
[[Page 112 STAT. 1504]]
July 17 222..................... 4-6.......................... 67 179..................... 36 3, 6, 7, 10,
11
July 31 302..................... 101 (provisos in par. under 67 299..................... 36 121b, 122
heading ``American Battle
Monuments Commission'').
Aug. 5 326..................... (1st, 2d pars., 3d par. (a)- 67 366..................... 36 426
(f ), (h), (i), 4th, last
pars.).
Aug. 13 427..................... 1-13, 15-17.................. 67 562, 565................ 36 431-443, 445-
447
429..................... 1-14, 16-19.................. 67 569, 573................ 36 461-474, 476-
479
Aug. 14 486..................... ............................. 67 582..................... 36 34, 35, 37
1954
June 14 297..................... ............................. 68 249..................... 36 172
June 24 359..................... 101 (provisos in pars. under 68 275..................... 36 121b, 122,
heading ``American Battle 122a, 125a
Monuments Commission'').
July 19 536..................... 1-13, 15-18.................. 68 489, 492................ 36 501-513, 515-
518
Aug. 3 655..................... 5............................ 68 665..................... 36 155a
Aug. 20 774..................... 1-14, 16-20.................. 68 748, 752................ 36 531-544, 546-
550
Aug. 24 911..................... 1-13, 15-19.................. 68 795, 800................ 36 571-583, 585-
589
Aug. 28 1036.................... 1-13, 15-17.................. 68 891, 895................ 36 601-613, 615-
617
1955
June 29 226..................... (provisos in pars. under 69 194..................... 36 121b, 122,
heading ``American Battle 122a
Monuments Commission'').
July 26 383..................... ............................. 69 375..................... 36 67e
386..................... ............................. 69 379..................... 36 43, 45
Aug. 4 546..................... 1-13, 15-17.................. 69 486, 490................ 36 631-643, 645-
647
Aug. 9 658..................... ............................. 69 589..................... 36 426
1956
Mar. 29 102..................... ............................. 70 60...................... 36 4707
June 13 385..................... (provisos in par. under 70 278..................... 36 121b, 122,
heading ``American Battle 122a
Monuments Commission'').
July 25 721..................... ............................. 70 640..................... 36 121, 122b, 123-
125, 131, 132,
138, 138a,
138b
July 30 795..................... ............................. 70 732..................... 36 186
Aug. 1 824..................... 1-13, 15-20.................. 70 794, 797................ 36 661-673, 675-
680
Aug. 2 875..................... ............................. 70 932..................... 36 159
Aug. 6 974..................... 1-5, 7-10.................... 70 1049, 1050.............. 36 721-725, 727-
730
976..................... 1-13, 15-17.................. 70 1052, 1056.............. 36 691-703, 705-
707
1957
May 16 85-32................... ............................. 71 30...................... 36 160
June 5 85-48................... 101 (provisos in par. under 71 52...................... 36 121b, 122,
heading ``American Battle 122a
Monuments Commission'').
July 3 85-83................... 1............................ 71 276..................... 36 20
Aug. 13 85-125.................. ............................. 71 344..................... 36 123 note
Aug. 28 85-179.................. ............................. 71 457..................... 36 426
Sept. 7 85-305.................. 1-7, 9....................... 71 626, 628................ 36 741-747, 749
1958
June 4 85-445.................. ............................. 72 179..................... 36 161
June 25 85-468.................. (provisos in par. under 72 223..................... 36 121b, 122,
heading ``American Battle 122a
Monuments Commission'').
July 18 85-529.................. ............................. 72 369..................... 36 162
85-530.................. 1-14, 16-20.................. 72 370, 374................ 36 761-774, 776-
780
[[Page 112 STAT. 1505]]
July 25 85-556.................. ............................. 72 416..................... 36 426
Aug. 14 85-642.................. 1-13, 15-17.................. 72 597, 600................ 36 791-803, 805-
807
Aug. 26 85-761.................. 1-13, 15-17.................. 72 854, 859................ 36 821-833, 835-
837
Aug. 27 85-769.................. 1-13, 15-18.................. 72 922, 927................ 36 851-863, 865-
868
Sept. 2 85-870.................. 1-13, 15-18.................. 72 1691, 1694.............. 36 881-893, 895-
898
85-903.................. 1-12, 14-16.................. 72 1738, 1741.............. 36 911-922, 924-
926
85-918.................. ............................. 72 1769.................... 36 749
1959
June 17 86-47................... 1-13, 15-18.................. 73 76, 79.................. 36 78-78l, 78n-
78q
July 8 86-79................... (provisos in par. under 73 164..................... 36 121b, 122,
heading ``American Battle 122a
Monuments Commission'').
Sept. 22 86-352.................. ............................. 73 627..................... 36 143, 143 note
1960
June 29 86-533.................. (23)......................... 74 249..................... 36 139b
July 12 86-642.................. (provisos in 1st par. under 74 475..................... 36 121b, 122,
heading ``American Battle 122a
Monuments Commission'').
July 14 86-653.................. 1-13, 15-18.................. 74 515, 518................ 36 941-953, 955-
958
Aug. 31 86-680.................. 1-13, 15-18.................. 74 572, 577................ 36 971-983, 985-
988
Sept. 13 86-753.................. ............................. 74 898..................... 36 163
86-772.................. ............................. 74 913..................... 36 155a
1961
Apr. 7 87-20................... ............................. 75 43...................... 36 164
June 21 87-56................... ............................. 75 95...................... 36 633, 636, 648
Aug. 3 87-125.................. (provisos in 1st par. under 75 279..................... 36 121b, 122,
heading ``American Battle 122a
Monuments Commission'').
Sept. 8 87-214.................. ............................. 75 489..................... 36 20c
Sept. 26 87-319.................. ............................. 75 681..................... 36 165
1962
May 14 87-449.................. ............................. 76 69...................... 36 166
July 25 87-547.................. 6............................ 76 217..................... 36 4703
Sept. 7 87-650.................. 1-14, 16-20.................. 76 502, 505................ 36 1001-1014,
1016-1020
Sept. 10 87-655.................. 1-13, 15-19.................. 76 530, 533................ 36 1041-1053,
1055-1059
Sept. 19 87-673.................. ............................. 76 557..................... 36 4909
Oct. 1 87-726.................. ............................. 76 676..................... 36 167
Oct. 9 87-780.................. ............................. 76 779..................... 36 168
Oct. 15 87-817.................. 1-13, 15-18.................. 76 929, 933................ 36 3401-3413,
3415-3418
Oct. 18 87-843.................. (provisos in 1st par. under 76 1100.................... 36 121b, 122,
heading ``American Battle 122a
Monuments Commission'').
1963
Aug. 27 88-105.................. 2............................ 77 130..................... 36 776
Dec. 17 88-209.................. ............................. 77 402..................... 36 169
Dec. 23 88-240.................. ............................. 77 477..................... 36 426, 426 note
Dec. 30 88-242.................. ............................. 77 629..................... 36 169a
88-245.................. (provisos in par. under 77 796..................... 36 121b, 122,
heading ``American Battle 122a
Monuments Commission'').
88-254.................. ............................. 77 843..................... 36 169b
1964
June 24 88-321.................. ............................. 78 221..................... 36 155a
July 14 88-372.................. ............................. 78 314..................... 36 4301-4318
[[Page 112 STAT. 1506]]
88-376.................. ............................. 78 320..................... 36 4501-4517
July 16 88-378.................. ............................. 78 325..................... 36 1071-1088
Aug. 10 88-407.................. ............................. 78 383..................... 36 383
Aug. 19 88-449.................. ............................. 78 496..................... 36 4601-4617
Aug. 30 88-504.................. 1-4(15), (17)-(38)........... 78 635, 637................ 36 28, 37, 49,
58, 65, 78m,
90i, 101, 118,
140c, 235,
284, 317, 349,
444, 475, 514,
545, 584, 614,
644, 674, 704,
775, 804, 834,
864, 894, 923,
954, 984,
1015, 1054,
1101-1103,
3208, 3308,
3414
Aug. 31 88-527.................. (provisos in 1st par. under 78 731..................... 36 121b, 122,
heading ``American Battle 122a
Monuments Commission'').
Sept. 2 88-566.................. ............................. 78 849..................... 36 169c
Oct. 6 88-628.................. ............................. 78 1003.................... 36 169d
1965
Sept. 2 89-164.................. (provisos in 1st par. under 79 639..................... 36 121b, 122,
heading ``American Battle 122a
Monuments Commission'').
Oct. 1 89-231.................. ............................. 79 901..................... 36 4902, 4909
Nov. 8 89-333.................. 14........................... 79 1294.................... 36 155a
1966
June 9 89-443.................. ............................. 80 194..................... 36 157a
Sept. 1 89-550.................. ............................. 80 371..................... 36 43, 45
Sept. 14 89-576.................. ............................. 80 772..................... 36 67e
Nov. 2 89-703.................. ............................. 80 1099.................... 36 169e
Nov. 8 89-797.................. (provisos in par. under 80 1501.................... 36 121b, 122,
heading ``American Battle 122a
Monuments Commission'').
1967
Nov. 8 90-133.................. (provisos in par. under 81 429..................... 36 121b, 122,
heading ``American Battle 122a
Monuments Commission'').
Dec. 18 90-208.................. ............................. 81 655..................... 36 90i, 91i note
1968
Jan. 30 90-251.................. ............................. 82 4....................... 36 722, 723, 728,
730
July 5 90-382.................. ............................. 82 292..................... 36 401, 418
July 7 90-391.................. 14........................... 82 306..................... 36 155a
Aug. 9 90-470.................. (provisos in par. under 82 686..................... 36 121b, 122,
heading ``American Battle 122a
Monuments Commission'').
Sept. 17 90-498.................. ............................. 82 848..................... 36 169f
1969
June 30 91-37................... ............................. 83 42...................... 36 5303, 5306,
5307, 5307
note
Dec. 24 91-153.................. (provisos in par. under 83 421..................... 36 121b, 122,
heading ``American Battle 122a
Monuments Commission'').
1970
Oct. 8 91-442.................. ............................. 84 914..................... 36 155
Oct. 21 91-472.................. (provisos in par. under 84 1058.................... 36 121b, 122,
heading ``American Battle 122a
Monuments Commission'').
91-480.................. ............................. 84 1081.................... 36 121
1971
Aug. 10 92-77................... (provisos in par. under 85 264..................... 36 121b, 122,
heading ``American Battle 122a
Monuments Commission'').
[[Page 112 STAT. 1507]]
Aug. 11 92-93................... ............................. 85 317..................... 36 1151-1167
1972
Apr. 24 92-278.................. ............................. 86 124..................... 36 142a
Sept. 29 92-447.................. ............................. 86 746..................... 36 4605
Oct. 25 92-544.................. (provisos in par. under 86 1128.................... 36 121b, 122,
heading ``American Battle 122a
Monuments Commission'').
1973
Nov. 27 93-162.................. (provisos in par. under 87 653..................... 36 121b, 122,
heading ``American Battle 122a
Monuments Commission'').
1974
Jan. 2 93-244.................. ............................. 87 1070.................... 36 125
Apr. 12 93-266.................. ............................. 88 85...................... 36 4904, 4906
93-267.................. ............................. 88 85...................... 36 97
Sept. 6 93-414.................. (provisos in par. under 88 1099.................... 36 121b, 122,
heading ``American Battle 122a
Monuments Commission'').
Nov. 29 93-504.................. ............................. 88 1575.................... 36 1042
Dec. 26 93-551.................. ............................. 88 1744.................... 36 1073
Dec. 27 93-557.................. ............................. 88 1792.................... 36 45
1975
June 13 94-33................... ............................. 89 211..................... 36 157b
Oct. 17 94-116.................. (provisos in 1st par. under 89 587..................... 36 121b, 122,
heading ``American Battle 122a
Monuments Commission'').
Dec. 15 94-151.................. ............................. 89 809..................... 36 1101, 3502
1976
Apr. 1 94-256.................. ............................. 90 301..................... 36 121
Apr. 21 94-273.................. 3(19)........................ 90 377..................... 36 131
July 7 94-344.................. ............................. 90 810..................... 36 171-178
Aug. 9 94-378.................. (provisos in par. under 90 1098.................... 36 121b, 122,
heading ``American Battle 122a
Monuments Commission'').
Oct. 1 94-443.................. ............................. 90 1475.................... 36 18a, 18c
1977
Aug. 15 95-98................... ............................. 91 830..................... 36 67, 67 note,
67a, 67b, 67e,
67h, 67p-67r
Oct. 4 95-119.................. (provisos in par. under 91 1077.................... 36 121b, 122,
heading ``American Battle 122a
Monuments Commission'').
Nov. 11 95-167.................. ............................. 91 1347.................... 36 881, 883, 885,
887, 895, 896,
1101
1978
Aug. 17 95-346.................. ............................. 92 485..................... 36 45
Sept. 30 95-392.................. (provisos in par. under 92 795..................... 36 121b, 122,
heading ``American Battle 122a
Monuments Commission'').
Oct. 18 95-479.................. 306.......................... 92 1566.................... 36 121
95-482.................. 113.......................... 92 1605.................... 36 384
Oct. 20 95-493.................. ............................. 92 1643.................... 36 1201-1219
Nov. 8 95-606.................. ............................. 92 3045.................... 36 371, 371 note,
372-382b, 391-
396
1979
Sept. 6 96-62................... ............................. 93 410..................... 36 142b
Nov. 5 96-103.................. (provisos in par. under 93 775..................... 36 121b, 122,
heading ``American Battle 122a
Monuments Commission'').
Dec. 21 96-155.................. ............................. 93 1165.................... 36 45
Dec. 29 96-165.................. ............................. 93 1267.................... 36 1101, 1301-
1309
1980
July 8 96-304.................. (last sentence in par. under 94 898..................... 36 393 note
heading ``Salaries and
Expenses'').
[[Page 112 STAT. 1508]]
Oct. 3 96-376.................. 9............................ 94 1510.................... 36 161
Oct. 7 96-385.................. 506.......................... 94 1537.................... 36 121
96-388.................. ............................. 94 1547.................... 36 1401-1411
Dec. 2 96-489.................. ............................. 94 2553.................... 36 1101, 1501-
1514
Dec. 4 96-497.................. ............................. 94 2595.................... 36 1101, 1601-
1614
Dec. 15 96-526.................. (provisos in par. under 94 3050.................... 36 121b, 122,
heading ``American Battle 122a
Monuments Commission'').
1981
Nov. 20 97-82................... ............................. 95 1091.................... 36 1101, 1701-
1715
97-83................... ............................. 95 1094.................... 36 1101, 1801-
1815
97-84................... ............................. 95 1097.................... 36 1402, 1405
Dec. 23 97-101.................. (provisos in par. under 95 1422.................... 36 121b, 122,
heading ``American Battle 122a
Monuments Commission'').
1982
June 1 97-192.................. ............................. 96 109..................... 36 1101, 1901-
1914
Aug. 9 97-231.................. ............................. 96 256..................... 36 1101, 2001-
2015
Aug. 10 97-234.................. ............................. 96 261..................... 36 1101, 2101-
2116
Sept. 30 97-272.................. (provisos in par. under 96 1165.................... 36 121b, 122,
heading ``American Battle 122a
Monuments Commission'').
1983
Jan. 8 97-427.................. ............................. 96 2265.................... 36 1101, 2201-
2215
Jan. 12 97-447.................. ............................. 96 2364.................... 36 1219
July 12 98-45................... (provisos in par. under 97 224..................... 36 121b, 122,
heading ``American Battle 122a
Monuments Commission'').
1984
Apr. 10 98-257.................. ............................. 98 127..................... 36 1101, 2301-
2316
May 21 98-291.................. ............................. 98 203..................... 36 90i
May 31 98-304.................. ............................. 98 220..................... 36 67e
June 12 98-314.................. ............................. 98 237..................... 36 1101, 2401-
2415
July 18 98-371.................. (provisos in par. under 98 1221.................... 36 121b, 122,
heading ``American Battle 122a
Monuments Commission'').
July 23 98-372.................. ............................. 98 1239.................... 36 1101, 2501-
2515
Aug. 7 98-375.................. ............................. 98 1257.................... 36 146 note
Aug. 17 98-382.................. ............................. 98 1343.................... 36 1101, 2601-
2615
Aug. 21 98-391.................. ............................. 98 1358.................... 36 1101, 2701-
2715
Aug. 27 98-399.................. ............................. 98 1473.................... 36 169j-169j-10
Oct. 19 98-520.................. ............................. 98 2428.................... 36 1101, 2801-
2815
Oct. 30 98-561.................. ............................. 98 2910.................... 36 1101, 2901-
2916
98-565.................. ............................. 98 2920.................... 36 1101, 3001-
3016
98-584.................. ............................. 98 3097.................... 36 1101, 3101-
3115
1985
Oct. 7 99-119.................. ............................. 99 498..................... 36 1101, 3601-
3616
Nov. 25 99-160.................. (1st-3d provisos in par. 99 914..................... 36 121b, 122,
under heading ``American 122a
Battle Monuments
Commission'').
Dec. 9 99-172.................. ............................. 99 1020.................... 36 1101, 3701-
3715
[[Page 112 STAT. 1509]]
Dec. 19 99-190.................. 101(d) [provisos in par. 99 1262, 1267.............. 36 1401, 1404
under heading ``United note, 1407,
States Holocaust Memorial 1409, 1410
Council''), Sec. 324].
1986
May 1 99-284.................. ............................. 100 406..................... 36 169j-2, 169j-
3, 169j-7,
169j-8
May 23 99-318.................. ............................. 100 474..................... 36 1101, 3801-
3817
Aug. 7 99-376.................. ............................. 100 804..................... 36 3501
Aug. 27 99-402.................. ............................. 100 910..................... 36 169i, 169i
notes, 169i-1
Oct. 7 99-449.................. ............................. 100 1128.................... 36 187
Oct. 18 99-500.................. 101(g) [(1st-3d provisos in 100 1783-242, 1783-283...... 36 121b, 122,
par. under heading 122a, 1404
``American Battle Monuments note
Commission'' in title II of
H.R. 5313)], (h) [(1st, 2d,
4th, last provisos in par.
under heading ``United
States Holocaust Memorial
Council'')].
Oct. 21 99-506.................. 902.......................... 100 1841.................... 36 155a
Oct. 30 99-591.................. 101(g) [(1st-3d provisos in 100 3341-242, 3341-283...... 36 121b, 122,
par. under heading 122a, 1404
``American Battle Monuments note
Commission'' in title II of
H.R. 5313)], (h) [(1st, 2d,
4th, last provisos in par.
under heading ``United
States Holocaust Memorial
Council'')].
Nov. 6 99-604.................. ............................. 100 3446.................... 36 1101, 3901-
3915
1987
July 11 100-71.................. (par. related to Holocaust 101 418..................... 36 1405
Memorial Council under
heading ``United States
Holocaust Memorial
Council'').
Aug. 18 100-94.................. ............................. 101 700..................... 36 146 note
Dec. 11 100-186................. ............................. 101 1286.................... 36 188
Dec. 22 100-202................. 101(f ) [(1st-3d provisos in 101 1329-194, 1329-251...... 36 121b, 122,
1st par. under heading 122a, 1404
``American Battle Monuments note
Commission'')], (g) [(1st,
2d, 4th, 5th provisos in
par. under heading ``United
States Holocaust Memorial
Council'')].
1988
Apr. 6 100-281................. ............................. 102 73...................... 36 1101, 4001-
4017
May 5 100-307................. ............................. 102 456..................... 36 169h
May 20 100-322................. 345.......................... 102 540..................... 36 138c, 138c
notes
Aug. 17 100-402................. ............................. 102 1012.................... 36 169f, 169f
note
Aug. 19 100-404................. (1st-3d provisos in par. 102 1021.................... 36 121b, 122,
under heading ``American 122a
Battle Monuments
Commission'').
Oct. 28 100-539................. ............................. 102 2718.................... 36 4601, 4601
note, 4607,
4616
Nov. 7 100-630................. 301.......................... 102 3315.................... 36 155-155b
Nov. 9 100-642................. ............................. 102 3337.................... 36 4404, 4404
note
Nov. 14 100-655................. ............................. 102 3849.................... 36 1101, 4101-
4115
Nov. 18 100-687................. 1602......................... 102 4137.................... 36 125b
[[Page 112 STAT. 1510]]
1989
May 17 101-30.................. 1-7.......................... 103 60...................... 36 169j, 169j
note, 169j-2,
169j-3, 169j-3
note, 169j-4-
169j-8, 169j-8
note
Nov. 9 101-144................. (1st-3d provisos in par. 103 854..................... 36 121b, 122,
under heading ``American 122a,
Battle Monuments
Commission'').
Dec. 18 101-237................. 503.......................... 103 2094.................... 36 121
1990
Aug. 10 101-355................. ............................. 104 416..................... 36 189
Oct. 30 101-478................. ............................. 104 1157.................... 36 45
Nov. 5 101-507................. (1st-3d provisos in par. 104 1370.................... 36 121b, 122,
under heading ``American 122a
Battle Monuments
Commission'').
101-510................. 1601-1616.................... 104 1736.................... 36 1101, 4801-
4815
1991
June 6 102-52.................. 9(b)......................... 105 263..................... 36 155a
June 13 102-54.................. 13(n)........................ 105 278..................... 36 67b, 67h, 90c,
823, 865,
1159, 2403,
3103, 3703
Oct. 28 102-139................. (1st-3d provisos in par. 105 760..................... 36 121b, 122,
under heading ``American 122a
Battle Monuments
Commission'').
Dec. 2 102-179................. ............................. 105 1229.................... 36 45
Dec. 5 102-190................. 1084......................... 105 1482.................... 36 189 note
Dec. 10 102-199................. ............................. 105 1628.................... 36 691, 693, 1101
1992
Oct. 5 102-381................. (par. under heading ``United 106 1415.................... 36 1405 note
States Holocaust Memorial
Council'').
Oct. 6 102-389................. (1st-3d provisos in par. 106 1595.................... 36 121b, 122,
under heading ``American 122a
Battle Monuments
Commission'').
Oct. 23 102-450................. ............................. 106 2251.................... 36 169k, 169k
note
102-484................. 1801-1817, 1821-1838......... 106 2581.................... 36 1101, 5001-
5016, 5101-
5117
Oct. 26 102-522................. 201-208...................... 106 3417.................... 36 5201, 5201
note, 5203-
5207
Oct. 27 102-529................. ............................. 106 3463.................... 36 1401, 1406,
1408, 1411
Oct. 29 102-569................. 914.......................... 106 4488.................... 36 155a
1993
May 31 103-35.................. 202(a)(13)................... 107 101..................... 36 5013, 5113
Oct. 28 103-124................. (1st-3d provisos in par. 107 1291.................... 36 121b, 122,
under heading ``American 122a
Battle Monuments
Commission'').
Nov. 11 103-138................. 309.......................... 107 1416.................... 36 1405
Nov. 30 103-160................. 1182(c)(6)................... 107 1772.................... 36 5108
Dec. 20 103-206................. 318.......................... 107 2427.................... 36 161, 161 note
1994
Aug. 23 103-304................. 2............................ 108 1565.................... 36 169j-2, 169j-
3, 169j-5,
169j-5 note,
169j-6-169j-10
103-308................. ............................. 108 1669.................... 36 169l, 169l
note
Sept. 13 103-322................. 320922....................... 108 2131.................... 36 167, 175
[[Page 112 STAT. 1511]]
Sept. 28 103-327................. (1st-3d provisos in par. 108 2317.................... 36 121b, 122,
under heading ``American 122a
Battle Monuments
Commission'').
Oct. 14 103-362................. ............................. 108 3465.................... 36 142c, 142c-1
1995
Mar. 7 104-3................... ............................. 109 47...................... 36 115
July 27 104-19.................. 2005......................... 109 247..................... 36 169m
1996
Feb. 10 104-106................. 1601-1611(c)(4), 1611(d)- 110 515, 516, 522........... 36 5501(a)-(c)(4)
1621, 1623. , (d), 5501
note, 5502-
5521, 5523
Apr. 4 104-127................. 358(a)(2).................... 110 1014.................... 36 1101
Apr. 26 104-134................. (provisos in par. under 110 1321-293................ 36 121b, 122,
heading ``American Battle 122a
Monuments Commission'').
Sept. 23 104-201................. 1073(c), 1801-1816........... 110 2657, 2760.............. 36 1101, 5505,
5506, 5509,
5601-5615
Sept. 26 104-204................. (provisos in par. under 110 2907.................... 36 121b, 122,
heading ``American Battle 122a
Monuments Commission'').
Oct. 9 104-275................. 602.......................... 110 3344.................... 36 125, 138d
Oct. 11 104-285................. 201-209...................... 110 3382.................... 36 5701, 5701
note, 5702-
5708
Nov. 12 104-333................. 806.......................... 110 4188.................... 36 169i, 169i-1
--------------------------------------------------------------------------------------------------------------------------------------------------------
Schedule of Laws Repealed--Continued
United States Code
------------------------------------------------------------------------
Title Section
------------------------------------------------------------------------
10........................................ 4312, 4313
10........................................ items 4312, 4313 in analysis
of ch. 401
------------------------------------------------------------------------
SEC. 7. TECHNICAL AMENDMENTS.
(a) Section 9503(e)(3) of the Internal Revenue Code of 1986 (26
U.S.C. 9503(e)(3)) is amended by adding a period at the end of the
paragraph.
(b) Title 49, United States Code, is amended as follows:
(1) In section 5108(f ), strike ``section 552(f )'' and
substitute ``section 552(b)''.
(2) In section 15904(c)(1), insert ``section'' before
``15901(b)''.
(c)(1) Chapter 491 of title 49, United States Code, as enacted by
the Act of November 20, 1997 (Public Law 105-102, 111 Stat. 2205), is
amended as follows:
(A) In section 49106(b)(1)(F), strike ``1996'' and
substitute ``1986''.
(B) In section 49106(c)(3), strike ``by the board'' and
substitute ``to the board''.
(C) In section 49107(b), strike ``subchapter II'' and
substitute ``subchapter III''.
(D) In section 49111(b), strike ``retention of'' and
substitute ``retention by''.
(2) The <<NOTE: 49 USC note prec. 101.>> Schedule of Laws Repealed
in the Act of November 20, 1997 (Public Law 105-102, 111 Stat. 2217), is
amended by
[[Page 112 STAT. 1512]]
striking ``1996'' in the items related to Public Laws 99-500 and 99-591
and substituting ``1986''.
(3) <<NOTE: Effective date. 49 USC 49106 note.>> The amendments made
by this subsection are effective as of November 20, 1997.
(d) <<NOTE: Effective date.>> Effective October 11, 1996, section
5(45)(A) of the Act of October 11, 1996 (Public Law 104-287, 110 Stat.
3393), is amended by striking ``ENFORCEMENT;'' and substituting
``ENFORCEMENT:''.
Approved August 12, 1998.
LEGISLATIVE HISTORY--H.R. 1085:
---------------------------------------------------------------------------
HOUSE REPORTS: No. 105-326 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 144 (1998):
Feb. 3, considered and passed House.
July 30, considered and passed Senate.
<all>