36 U.S.C. § 22105 (2024) — Title 36: PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS / Chapter 221 / Section 22105: Restrictions
Restrictions
Status: in_force

(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.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1301.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

22105(a)
36:342 (2d sentence words before 1st comma).
Sept. 20, 1950, ch. 958, §§2 (2d, last sentences), 7, 64 Stat. 870, 871.

22105(b)
36:347 (1st sentence words before 2d comma).
 

22105(c)
36:342 (last sentence).
 

22105(d)
36:342 (2d sentence words after 1st comma).
 

22105(e)
36:347 (1st sentence words after 2d comma, last sentence).
 

In subsection (b), the words "shares of" are omitted as unnecessary.

In subsection (d), the words "inure to the benefit of" are substituted for "inure to" for consistency in the revised title.
36 U.S.C. § 230303 (2024) — Title 36: PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS / Chapter 2303 / Section 230303: Membership
Membership
Status: in_force

(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.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1483.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

230303(a)
36:765.
July 18, 1958, Pub. L. 85–530, §§5, 6(b), 72 Stat. 372.

230303(b)
36:766(b).
 

In subsection (a), the words "is not eligible for all classes of membership" are substituted for "in no case shall eligibility for all classes of membership include" to eliminate unnecessary words.
36 U.S.C. § 30903 (2024) — Title 36: PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS / Chapter 309 / Section 30903: Governing body
Governing body
Status: in_force

(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.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1325.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

30903(a)
36:25 (1st–4th sentences).
June 15, 1916, ch. 148, §5 (1st–5th, 7th, 8th sentences), 39 Stat. 228.

30903(b)
36:25 (5th sentence).
 

30903(c)
36:25 (7th, 8th sentences).
 

In subsection (a), the text of 36:25 (3d sentence) is omitted as executed and obsolete.

In subsection (c)(1)(A), the words "have and" are omitted as unnecessary. The word "activities" is substituted for "business affairs" for consistency in the revised title.

In subsection (c)(1)(B), the words "have power to" are omitted as unnecessary.
36 U.S.C. § 130101 (2024) — Title 36: PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS / Chapter 1301 / Section 130101: Organization
Organization
Status: in_force

(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.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1371.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

130101
36:78.
June 17, 1959, Pub. L. 86–47, §§1, 2, 4(1), 73 Stat. 76, 77.

 
36:78a.
36:78c(1).

This section is substituted for the source provisions for consistency in the revised title and to eliminate executed and unnecessary words. The text of 36:78a is omitted as executed and obsolete.
36 U.S.C. § 190307 (2024) — Title 36: PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS / Chapter 1903 / Section 190307: Exclusive right to name, seals, emblems, and badges
Exclusive right to name, seals, emblems, and badges
Status: in_force

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.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1450.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

190307
36:5115.
Oct. 23, 1992, Pub. L. 102–484, title XVIII, §1836, 106 Stat. 2586.

The words "sole" and "lawfully" are omitted as unnecessary. The last sentence is substituted for "Nothing in this section may be construed to conflict or interfere with rights that are established or vested before October 23, 1992" for consistency in the revised title and to eliminate unnecessary words.
36 U.S.C. § 210306 (2024) — Title 36: PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS / Chapter 2103 / Section 210306: Powers
Powers
Status: in_force

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

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1457.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

210306
36:3002.
Oct. 30, 1984, Pub. L. 98–565, §2, 98 Stat. 2920.

The words "and subject to the laws of such State or States" are omitted as unnecessary.
36 U.S.C. § 50305 (2024) — Title 36: PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS / Chapter 503 / Section 50305: Exclusive right to name
Exclusive right to name
Status: in_force

The corporation and its State and local subdivisions have the exclusive right to use the name "Disabled American Veterans".

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1344.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

50305
36:90h.
June 17, 1932, ch. 268, §8, 47 Stat. 321; July 15, 1942, ch. 505, §5, 56 Stat. 660.

The words "sole", "have and", and "in carrying out its purposes" are omitted as unnecessary.
36 U.S.C. § 170308 (2024) — Title 36: PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS / Chapter 1703 / Section 170308: Restrictions
Restrictions
Status: in_force

(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 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.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1443.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

170308(a)
36:3608(c).
Oct. 7, 1985, Pub. L. 99–119, §8, 99 Stat. 499.

170308(b)
36:3608(d).
 

170308(c)
36:3608(a).
 

170308(d)
36:3608(b).
 

170308(e)
36:3608(e).
 

In subsection (a), the words "any shares of" are omitted as unnecessary.

In subsection (b), the words "as such" are substituted for "acting as such" for consistency in the revised title.

In subsection (c), the words "inure to the benefit of" are substituted for "inure to", and the words "rendered to the corporation" are omitted, for consistency in the revised title.
36 U.S.C. § 148 (2024) — Title 36: PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS / Chapter 1 / Section 148: U.S. Hostage and Wrongful Detainee Day
U.S. Hostage and Wrongful Detainee Day
Status: in_force

(a) Designation.—March 9 is U.S. Hostage and Wrongful Detainee Day.

(b) Proclamation.—The President is requested to issue each year a proclamation calling on the people of the United States to observe U.S. Hostage and Wrongful Detainee Day with appropriate ceremonies and activities.

(Added Pub. L. 118–31, div. A, title XVIII, §1804(a)(1)(A)(ii), Dec. 22, 2023, 137 Stat. 686.)
36 U.S.C. § 240109 (2024) — Title 36: PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS / Chapter 2401 / Section 240109: Records and inspection
Records and inspection
Status: in_force

(a) Records.—The corporation shall keep—

(1) correct and complete records of account;

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

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

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

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1489.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

240109
36:3110.
Oct. 30, 1984, Pub. L. 98–584, §10, 98 Stat. 3098.

In this section, the word "records" is substituted for "books and records" for consistency in the revised title and with other titles of the United States Code. The words "Nothing in this section shall be construed to contravene any applicable State law" are omitted as unnecessary.

In subsection (a)(3), the words "in any proceeding of the corporation" are omitted as unnecessary.

In subsection (b), the words "in any corporation proceeding" are omitted as unnecessary.
36 U.S.C. § 120107 (2024) — Title 36: PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS / Chapter 1201 / Section 120107: Tax-exempt status required as condition of charter
Tax-exempt status required as condition of charter
Status: in_force

If the corporation fails to maintain its status as an organization exempt from taxation under the Internal Revenue Code of 1986, the charter granted under this chapter shall terminate.

(Added Pub. L. 110–254, §1(a)(2), June 30, 2008, 122 Stat. 2421.)

Editorial Notes

References in Text

The Internal Revenue Code of 1986, referred to in text, is classified generally to Title 26, Internal Revenue Code.
36 U.S.C. § 505 (2024) — Title 36: PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS / Chapter 5 / Section 505: Extension of wires along parade routes
Extension of wires along parade routes
Status: in_force

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.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1265.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

505
36:727.
Aug. 6, 1956, ch. 974, §7, 70 Stat. 1050.

 
36:730.
Aug. 6, 1956, ch. 974, §10, as added Jan. 30, 1968, Pub. L. 90–251, §4, 82 Stat. 4.

The words "communications companies" are substituted for "telegraph, telephone, radio-broadcasting, and television companies" to eliminate unnecessary words.
36 U.S.C. § 154707 (2024) — Title 36: PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS / Chapter 1547 / Section 154707: Exclusive right to name, seals, emblems, and badges
Exclusive right to name, seals, emblems, and badges
Status: in_force

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.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1438.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

154707
36:4016.
Apr. 6, 1988, Pub. L. 100–281, §17, 102 Stat. 75.

The words "sole" and "may lawfully" are omitted as unnecessary. The words "This section does not affect any vested rights" are substituted for "Nothing in this section may be construed to conflict or interfere with established or vested rights" for consistency in the revised title and to eliminate unnecessary words.
36 U.S.C. § 21704A (2024) — Title 36: PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS / Chapter 217 / Section 21704A: Nondiscrimination
Nondiscrimination
Status: in_force

The requirements for holding a staff position in the corporation may not discriminate on the basis of race, color, religion, sex, or national origin.

(Added Pub. L. 116–35, §4(a), July 30, 2019, 133 Stat. 1046.)
36 U.S.C. § 210304 (2024) — Title 36: PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS / Chapter 2103 / Section 210304: Membership
Membership
Status: in_force

(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.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1457.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

210304(a)
36:3005 (words before 3d comma).
Oct. 30, 1984, Pub. L. 98–565, §5 (words before 3d comma, words after 3d comma related to discrimination in membership), 98 Stat. 2920.

210304(b)
36:3005 (words after 3d comma related to discrimination in membership).
36 U.S.C. § 110103 (2024) — Title 36: PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS / Chapter 1101 / Section 110103: Purposes
Purposes
Status: in_force

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.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1367.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

110103
36:2703.
Aug. 21, 1984, Pub. L. 98–391, §3, 98 Stat. 1358.

Before clause (1), the word "objects" is omitted as included in "purposes".
36 U.S.C. § 90110 (2024) — Title 36: PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS / Chapter 901 / Section 90110: Immunity of United States Government
Immunity of United States Government
Status: in_force

The United States Government is not liable for any debts, defaults, acts, or omissions of the foundation. The full faith and credit of the Government does not extend to any obligation of the foundation.

(Added Pub. L. 107–252, title VI, §601(a), Oct. 29, 2002, 116 Stat. 1721, §152610; renumbered §90110, Pub. L. 113–237, §3(c)(6)(B), Dec. 18, 2014, 128 Stat. 2840.)

Editorial Notes

Amendments

2014—Pub. L. 113–237 renumbered section 152610 of this title as this section.
36 U.S.C. § 152908 (2024) — Title 36: PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS / Chapter 1529 / Section 152908: Restrictions
Restrictions
Status: in_force

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

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

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

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

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

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1421.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

152908(a)
36:2908(d).
Oct. 30, 1984, Pub. L. 98–561, §8(a)–(e), 98 Stat. 2911.

152908(b)
36:2908(c).
 

152908(c)
36:2908(a).
 

152908(d)
36:2908(b).
 

152908(e)
36:2908(e).
 

In subsection (a), the words "any shares of" are omitted as unnecessary.

In subsection (c), the words "inure to the benefit of" are substituted for "inure to" for consistency in the revised title.
36 U.S.C. § 31104 (2024) — Title 36: PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS / Chapter 311 / Section 31104: Governing body
Governing body
Status: in_force

(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.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1327.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

31104(a)
36:697.
Aug. 6, 1956, ch. 976, §§7, 8, 70 Stat. 1053.

31104(b)
36:698.
 

In subsection (a)(1), the word "governing" is substituted for "managing" for consistency in the revised title. The text of 36:697(a) is omitted as executed and obsolete.
36 U.S.C. § 153304 (2024) — Title 36: PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS / Chapter 1533 / Section 153304: Trustees
Trustees
Status: in_force

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.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1424.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

153304
36:20d.
June 9, 1906, ch. 3065, §4, 34 Stat. 228; Feb. 6, 1925, ch. 142, 43 Stat. 808.

The word "corporation" is substituted for "society" for consistency.
36 U.S.C. § 151103 (2024) — Title 36: PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS / Chapter 1511 / Section 151103: Membership
Membership
Status: in_force

Eligibility for membership in the corporation and the rights, obligations, and designation of classes of members are as provided in the bylaws.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1398.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

151103
36:5305.
June 30, 1906, ch. 3929, §5, 34 Stat. 805; June 14, 1937, ch. 336, §1, 50 Stat. 257.

The words "Eligibility for membership" are substituted for "qualifications", the words "designation of classes" are substituted for "classifications", and the words "are as provided in the bylaws" are substituted for "shall be prescribed in the bylaws", for consistency in the revised title.
36 U.S.C. § 50104 (2024) — Title 36: PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS / Chapter 501 / Section 50104: Membership
Membership
Status: in_force

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

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1342.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

50104
36:3705.
Dec. 9, 1985, Pub. L. 99–172, §5, 99 Stat. 1021.
36 U.S.C. § 80105 (2024) — Title 36: PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS / Chapter 801 / Section 80105: Principal office and meetings
Principal office and meetings
Status: in_force

(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.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1360.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

80105(a)
36:3503 (last sentence).
Mar. 3, 1901, ch. 860, §3 (last sentence), 31 Stat. 1439.

80105(b)
36:3504.
Mar. 3, 1901, ch. 860, §4, as added Apr. 28, 1904, ch. 1790, 33 Stat. 542; June 7, 1934, ch. 425, 48 Stat. 925.

In subsection (b), the word "may" is substituted for "be, and it is hereby, authorized to", and the words "as it from time to time may deem best" are omitted, to eliminate unnecessary words.
36 U.S.C. § 220541 (2024) — Title 36: PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS / Chapter 2205 / Subchapter IV / Section 220541: Designation of United States Center for SafeSport
Designation of United States Center for SafeSport
Status: in_force

(a) Duties of Center.—

(1) In general.—The United States Center for SafeSport shall—

(A) serve as the independent national safe sport organization and be recognized worldwide as the independent national safe sport organization for the United States;

(B) exercise jurisdiction over the corporation and each national governing body with regard to safeguarding amateur athletes against abuse, including emotional, physical, and sexual abuse, in sports;

(C) maintain an office for education and outreach that shall develop training, oversight practices, policies, and procedures to prevent the abuse, including emotional, physical, and sexual abuse, of amateur athletes participating in amateur athletic activities through national governing bodies;

(D) maintain an office for response and resolution that shall establish mechanisms that allow for the reporting, investigation, and resolution, pursuant to subsection (c), of alleged sexual abuse in violation of the Center's policies and procedures;

(E) ensure that the mechanisms under subparagraph (D) provide fair notice and an opportunity to be heard and protect the privacy and safety of complainants;

(F) maintain an office for compliance and audit that shall—

(i) ensure that the national governing bodies and the corporation implement and follow the policies and procedures developed by the Center to prevent and promptly report instances of abuse of amateur athletes, including emotional, physical, and sexual abuse; and

(ii) establish mechanisms that allow for the reporting and investigation of alleged violations of such policies and procedures;

(G) publish and maintain a publicly accessible internet website that contains a comprehensive list of adults who are barred by the Center; and

(H) ensure that any action taken by the Center against an individual under the jurisdiction of the Center, including an investigation, the imposition of sanctions, and any other disciplinary action, is carried out in a manner that provides procedural due process to the individual, including, at a minimum—

(i) the provision of written notice of the allegations against the individual;

(ii) a right to be represented by counsel or other advisor;

(iii) an opportunity to be heard during the investigation;

(iv) in a case in which a violation is found, a reasoned written decision by the Center; and

(v) the ability to challenge, in a hearing or through arbitration, interim measures or sanctions imposed by the Center.

(2) Rules of construction.—Nothing in this subsection shall be construed—

(A) to preclude the Center from imposing interim measures or sanctions on an individual before an opportunity for a hearing or arbitration;

(B) to require the Center to meet a burden of proof higher than the preponderance of the evidence;

(C) to give rise to a claim under State law or to create a private right of action; or

(D) to render the Center a state actor.

(b) Policies and Procedures.—The policies and procedures developed under subsection (a)(1)(C) shall apply as though they were incorporated in and made a part of section 220524 of this title.

(c) Binding Arbitration.—

(1) In general.—The Center may, in its discretion, utilize a neutral arbitration body and develop policies and procedures to resolve allegations of sexual abuse within its jurisdiction to determine the opportunity of any amateur athlete, coach, trainer, manager, administrator, or official, who is the subject of such an allegation, to participate in amateur athletic competition.

(2) Preservation of rights.—Nothing in this section shall be construed as altering, superseding, or otherwise affecting the right of an individual within the Center's jurisdiction to pursue civil remedies through the courts for personal injuries arising from abuse in violation of the Center's policies and procedures, nor shall the Center condition the participation of any such individual in a proceeding described in paragraph (1) upon an agreement not to pursue such civil remedies.

(d) Limitation on Liability.—

(1) In general.—Except as provided in paragraph (2), an applicable entity shall not be liable for damages in any civil action for defamation, libel, slander, or damage to reputation arising out of any action or communication, if the action arises from the execution of the responsibilities or functions described in this section, section 220542, or section 220543.

(2) Exception.—Paragraph (1) shall not apply in any action in which an applicable entity acted with actual malice, or provided information or took action not pursuant to this section, section 220542, or section 220543.

(3) Removal to federal court.—

(A) In general.—Any civil action brought in a State court against the Center relating to the responsibilities of the Center under this section, section 220542, or section 220543, shall be removed, on request by the Center, to the district court of the United States in the district in which the action was brought, and such district court shall have original jurisdiction over the action without regard to the amount in controversy or the citizenship of the parties involved.

(B) Rule of construction.—Nothing in this chapter shall be construed to create a private right of action.

(4) Definition of applicable entity.—In this subsection, the term "applicable entity" means—

(A) the Center;

(B) a national governing body;

(C) the corporation;

(D) an amateur sports organization or other person sanctioned by a national governing body under section 220525;

(E) an amateur sports organization reporting under section 220530;

(F) any officer, employee, agent, or member of an entity described in subparagraph (A), (B), (C), (D), or (E); and

(G) any individual participating in a proceeding pursuant to this section.

(e) Training Materials.—The office for education and outreach referred to in subsection (a)(1)(C) shall—

(1) develop training materials for specific audiences, including coaches, trainers, doctors, young children, adolescents, adults, and individuals with disabilities; and

(2) not less frequently than every 3 years, update such training materials.

(f) Independence.—

(1) Prohibition with respect to former employees and board members.—A former employee or board member of the corporation or a national governing body shall not work or volunteer at the Center during the 2-year period beginning on the date on which the former employee or board member ceases employment with the corporation or national governing body.

(2) Athletes serving on board of directors of national governing body.—

(A) In general.—An athlete serving on the board of directors of a national governing body who is not otherwise employed by the national governing body, may volunteer at, or serve in an advisory capacity to, the Center.

(B) Ineligibility for employment.—An athlete who has served on the board of directors of a national governing body shall not be eligible for employment at the Center during the 2-year period beginning on the date on which the athlete ceases to serve on such board of directors.

(3) Conflicts of interest.—An executive or attorney for the Center shall be considered to have an inappropriate conflict of interest if the executive or attorney also represents the corporation or a national governing body.

(4) Investigations.—

(A) In general.—The corporation and the national governing bodies shall not interfere in, or attempt to influence the outcome of, an investigation.

(B) Report.—In the case of an attempt to interfere in, or influence the outcome of, an investigation, not later than 72 hours after such attempt, the Center shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce and the Committee on the Judiciary of the House of Representatives a report describing the attempt.

(C) Work product.—

(i) In general.—Any decision, report, memorandum, work product, notes, or case file of the Center—

(I) shall be confidential; and

(II) shall not be subject to discovery, subpoena, or any other means of legal compulsion in any civil action in which the Center is not a party to the action.

(ii) Rule of construction.—Nothing in this subparagraph shall be construed to prohibit the Center from providing work product described in clause (i) to a law enforcement agency for the purpose of assisting in a criminal investigation.

(g) Funding.—

(1) Mandatory payments.—

(A) Fiscal year 2021.—On January 4, 2021, the corporation shall make a mandatory payment of $20,000,000 to the Center for operating costs of the Center for fiscal year 2021.

(B) Subsequent fiscal years.—For fiscal year 2022 and each fiscal year thereafter, the corporation shall make a mandatory payment of $20,000,000 to the Center not later than the close of business on the first regular business day in January.

(2) Funds from national governing bodies.—The corporation may use funds received from 1 or more national governing bodies to make a mandatory payment required by paragraph (1).

(3) Failure to comply.—

(A) In general.—The Center may file a lawsuit to compel payment under paragraph (1).

(B) Penalty.—For each day of late or incomplete payment of a mandatory payment under paragraph (1) after January 1 of the applicable year, the Center shall be allowed to recover from the corporation an additional $20,000.

(4) Accountability.—

(A) In general.—Amounts transferred to the Center by the corporation or a national governing body shall be used, in accordance with section 220503(15), primarily for the purpose of carrying out the duties and requirements under sections 220541 through 220543 with respect to the investigation and resolution of allegations of sexual misconduct, or other misconduct, made by amateur athletes.

(B) Use of funds.—

(i) In general.—Of the amounts made available to the Center by the corporation or a national governing body in a fiscal year for the purpose described in section 220503(15)—

(I) not less than 50 percent shall be used for processing the investigation and resolution of allegations described in subparagraph (A); and

(II) not more than 10 percent may be used for executive compensation of officers and directors of the Center.

(ii) Reserve funds.—

(I) In general.—If, after the Center uses the amounts as allocated under clause (i), the Center does not use the entirety of the remaining amounts for the purpose described in subparagraph (A), the Center may retain not more than 25 percent of such amounts as reserve funds.

(II) Return of funds.—The Center shall return to the corporation and national governing bodies any amounts, proportional to the contributions of the corporation and national governing bodies, that remain after the retention described in subclause (I).

(iii) Lobbying and fundraising.—Amounts made available to the Center under this paragraph may not be used for lobbying or fundraising expenses.

(h) Compliance Audits.—

(1) In general.—Not less frequently than annually, the Center shall carry out an audit of the corporation and each national governing body—

(A) to assess compliance with policies and procedures developed under this subchapter; and

(B) to ensure that consistent training relating to the prevention of child abuse is provided to all staff of the corporation and national governing bodies who are in regular contact with amateur athletes and members who are minors subject to parental consent.

(2) Corrective measures.—

(A) In general.—The Center may impose on the corporation or a national governing body a corrective measure to achieve compliance with the policies and procedures developed under this subchapter or the training requirement described in paragraph (1)(B).

(B) Inclusions.—A corrective measure imposed under subparagraph (A) may include the implementation of an athlete safety program or specific policies, additional compliance audits or training, and the imposition of a probationary period.

(C) Enforcement.—

(i) In general.—On request by the Center, the corporation shall—

(I) enforce any corrective measure required under subparagraph (A); and

(II) report the status of enforcement with respect to a national governing body within a reasonable timeframe.

(ii) Methods.—The corporation may enforce a corrective measure through any means available to the corporation, including by withholding funds from a national governing body, limiting the participation of the national governing body in corporation events, and decertifying a national governing body.

(iii) Effect of noncompliance.—If the corporation fails to enforce a corrective measure within 72 hours of a request under clause (i), the Center may submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce and the Committee on the Judiciary of the House of Representatives a report describing the noncompliance.

(3) Annual report.—

(A) In general.—Not less frequently than annually, the Center shall submit to Congress a report on the findings of the audit under paragraph (1) for the preceding year and the status of any corrective measures imposed as a result of the audit.

(B) Public availability.—

(i) In general.—Each report under subparagraph (A) shall be made available to the public.

(ii) Personally identifiable information.—A report made available to the public shall not include the personally identifiable information of any individual.

(i) Reports to Corporation.—Not later than 30 days after the end of each calendar quarter that begins after the date of the enactment of the Empowering Olympic, Paralympic, and Amateur Athletes Act of 2020, the Center shall submit to the corporation a statement of the following:

(1) The number and nature of misconduct complaints referred to the Center, by sport.

(2) The number and type of pending misconduct complaints under investigation by the Center.

(3) The number of misconduct complaints for which an investigation was terminated or otherwise closed by the Center.

(4) The number of such misconduct complaints reported to law enforcement agencies by the Center for further investigation.

(5) The number of discretionary cases accepted or declined by the Center, by sport.

(6) The average time required for resolution of such cases and misconduct complaints.

(7) Information relating to the educational activities and trainings conducted by the office of education and outreach of the Center during the preceding quarter, including the number of educational activities and trainings developed and provided.

(j) Certifications of Independence.—

(1) In general.—Not later than 180 days after the end of a fiscal year, the Comptroller General of the United States shall make available to the public a certification relating to the Center's independence from the corporation.

(2) Elements.—A certification required by paragraph (1) shall include the following:

(A) A finding of whether a violation of a prohibition on employment of former employees or board members of the corporation under subsection (f) has occurred during the year preceding the certification.

(B) A finding of whether an executive or attorney for the Center has had an inappropriate conflict of interest during that year.

(C) A finding of whether the corporation has interfered in, or attempted to influence the outcome of, an investigation by the Center.

(D) Any recommendations of the Comptroller General for resolving any potential risks to the Center's independence from the corporation.

(3) Authority of comptroller general.—

(A) In general.—The Comptroller General may take such reasonable steps as, in the view of the Comptroller General, are necessary to be fully informed about the operations of the corporation and the Center.

(B) Specific authorities.—The Comptroller General shall have—

(i) access to, and the right to make copies of, any and all nonprivileged books, records, accounts, correspondence, files, or other documents or electronic records, including emails, of officers, agents, and employees of the Center or the corporation; and

(ii) the right to interview any officer, employee, agent, or consultant of the Center or the corporation.

(C) Treatment of privileged information.—If, under this subsection, the Comptroller General seeks access to information contained within privileged documents or materials in the possession of the Center or the corporation, the Center or the corporation, as the case may be, shall, to the maximum extent practicable, provide the Comptroller General with the information without compromising the applicable privilege.

(Added Pub. L. 115–126, title II, §202(a), Feb. 14, 2018, 132 Stat. 320; amended Pub. L. 116–189, §§7(a)(2)(A)(vii), 8(a)(1), Oct. 30, 2020, 134 Stat. 957, 960.)

Editorial Notes

References in Text

The date of the enactment of the Empowering Olympic, Paralympic, and Amateur Athletes Act of 2020, referred to in subsec. (i), is the date of enactment of Pub. L. 116–189, which was approved Oct. 30, 2020.

Amendments

2020—Pub. L. 116–189, §8(a)(1)(A), substituted "SafeSport" for "Safe Sport" in section catchline. Text quoted in directory language of amendment was editorially conformed to the style of the catchline.

Subsec. (a). Pub. L. 116–189, §8(a)(1)(B), amended subsec. (a) generally. Prior to amendment, subsec. (a) related to the duties of the United States Center for Safe Sport.

Subsec. (b). Pub. L. 116–189, §8(a)(1)(C), substituted "subsection (a)(1)(C)" for "subsection (a)(3)".

Subsec. (d)(3). Pub. L. 116–189, §8(a)(1)(D)(iii), added par. (3). Former par. (3) redesignated (4).

Subsec. (d)(3)(C). Pub. L. 116–189, §8(a)(1)(D)(i), added subpar. (C).

Pub. L. 116–189, §7(a)(2)(A)(vii), struck out subpar. (C) which read as follows: "a paralympic sports organization;".

Subsec. (d)(4). Pub. L. 116–189, §8(a)(1)(D)(ii), redesignated par. (3) as (4).

Subsecs. (e) to (j). Pub. L. 116–189, §8(a)(1)(E), added subsecs. (e) to (j).
36 U.S.C. § 21503 (2024) — Title 36: PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS / Chapter 215 / Section 21503: Governing body
Governing body
Status: in_force

(a) General.—(1) The board of governors is the governing body of the corporation.

(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.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1295.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

21503(a)
36:4904 (1st sentence).
Jan. 30, 1913, ch. 21, §§4 (1st sentence), 6, 37 Stat. 655; Apr. 12, 1974, Pub. L. 93–266, 88 Stat. 85.

 
36:4905.
Jan. 30, 1913, ch. 21, §§5, 7, 8, 37 Stat. 655.

 
36:4906.
 

21503(b)
36:4908.
 

21503(c)
36:4907.
 

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

In subsection (c)(1), before clause (A), the words "and not contrary to law" are omitted as unnecessary.

In subsection (c)(2), the words "and manage" and "and concerns" are omitted as unnecessary.

In subsection (c)(3), the words "occasioned by death, resignation, or otherwise" are omitted as unnecessary.
36 U.S.C. § 902 (2024) — Title 36: PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS / Chapter 9 / Section 902: National League of Families POW/MIA flag
National League of Families POW/MIA flag
Status: in_force

(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) Required Display.—The POW/MIA flag shall be displayed at the locations specified in subsection (d) of this section on POW/MIA flag display days. The display serves—

(1) as the symbol of the Nation's concern and commitment to achieving the fullest possible accounting of Americans who, having been prisoners of war or missing in action, still remain unaccounted for; and

(2) as the symbol of the Nation's commitment to achieving the fullest possible accounting for Americans who in the future may become prisoners of war, missing in action, or otherwise unaccounted for as a result of hostile action.

(c) Days for Flag Display.—For the purposes of this section, POW/MIA flag display days are all days on which the flag of the United States is displayed.

(d) Locations for Flag Display.—The locations for the display of the POW/MIA flag under subsection (b) of this section are the following:

(1) The Capitol.

(2) The White House.

(3) The World War II Memorial, the Korean War Veterans Memorial, and the Vietnam Veterans Memorial.

(4) Each national cemetery.

(5) The buildings containing the official office of—

(A) the Secretary of State;

(B) the Secretary of Defense;

(C) the Secretary of Veterans Affairs; and

(D) the Director of the Selective Service System.

(6) Each major military installation, as designated by the Secretary of Defense.

(7) Each medical center of the Department of Veterans Affairs.

(8) Each United States Postal Service post office.

(e) Coordination With Other Display Requirement.—Display of the POW/MIA flag at the Capitol pursuant to subsection (d)(1) of this section is in addition to the display of that flag in the Rotunda of the Capitol pursuant to Senate Concurrent Resolution 5 of the 101st Congress, agreed to on February 22, 1989 (103 Stat. 2533).

(f) Display To Be in a Manner Visible to the Public.—Display of the POW/MIA flag pursuant to this section shall be in a manner designed to ensure visibility to the public.

(g) Limitation.—This section may not be construed or applied so as to require any employee to report to work solely for the purpose of providing for the display of the POW/MIA flag.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1268; Pub. L. 105–354, §1(1), Nov. 3, 1998, 112 Stat. 3238; Pub. L. 107–323, §2(a), (b), Dec. 4, 2002, 116 Stat. 2787; Pub. L. 116–67, §2, Nov. 7, 2019, 133 Stat. 1128.)

Historical and Revision Notes
Pub. L. 105–225

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

902(a)
36:189.
Aug. 10, 1990, Pub. L. 101–355, §2, 104 Stat. 416.

902(b)
36:189 note.
Dec. 5, 1991, Pub. L. 102–190, title X, §1084(a)–(c), (e), 105 Stat. 1482, 1483.

902(c)
36:189 note.
Dec. 5, 1991, Pub. L. 102–190, title X, §1084(d), 105 Stat. 1483.

In subsection (b), the text of section 1084(c) of the National Defense Authorization Act for Fiscal Years 1992 and 1993 (Public Law 102–190, 105 Stat. 1483) is omitted as executed.

Pub. L. 105–354

This amends section 902 of title 36 to reflect changes made by section 1082 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105–85, Nov. 18, 1997, 111 Stat. 1917, 36 App. U.S.C. 189a).

Section 1082(g) of that Act, which defined "POW/MIA flag" as used in section 1082 by reference to section 2 of Public Law 101–355, is unnecessary because the two provisions are restated together in section 902 of title 36.

Section 1082(h), which required that regulations be prescribed no later than 180 days after enactment of Public law 105–85, is repealed as executed.

Section 1082(i), which required that the Administrator of GSA procure and distribute POW/MIA flags no later than 30 days after enactment of Public Law 105–85, is repealed as executed.

Section 1082(j), which repealed section 1084 of Public Law 102–190 (previously restated as subsections (b) and (c) of section 902 of title 36), is repealed as executed.

Editorial Notes

Amendments

2019—Subsec. (c). Pub. L. 116–67 added subsec. (c) and struck out former subsec. (c) which set out specific days for POW/MIA flag display.

2002—Subsec. (c)(2). Pub. L. 107–323, §2(b), added subpar. (A) and redesignated former subpars. (A) and (B) as (B) and (C), respectively.

Subsec. (d)(3). Pub. L. 107–323, §2(a), substituted "The World War II Memorial, the Korean War Veterans Memorial, and the Vietnam Veterans Memorial" for "The Korean War Veterans Memorial and the Vietnam Veterans Memorial".

1998—Subsecs. (b) to (g). Pub. L. 105–354 added subsecs. (b) to (g) and struck out former subsecs. (b) and (c) which read as follows:

"(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."

Statutory Notes and Related Subsidiaries

Display on Existing Flagpole

Pub. L. 107–323, §2(c), Dec. 4, 2002, 116 Stat. 2788, provided that: "No element of the United States Government may construe the amendments made by this section [amending this section] as requiring the acquisition of [sic] erection of a new or additional flagpole for purposes of the display of the POW/MIA flag."
36 U.S.C. § 170504 (2024) — Title 36: PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS / Chapter 1705 / Section 170504: Membership
Membership
Status: in_force

(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.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1445.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

170504(a)
36:2505 (words before 3d comma).
July 23, 1984, Pub. L. 98–372, §5 (words before 3d comma, words after 3d comma related to discrimination in membership), 98 Stat. 1239.

170504(b)
36:2505 (words after 3d comma related to discrimination in membership).
36 U.S.C. § 130108 (2024) — Title 36: PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS / Chapter 1301 / Section 130108: Principal office
Principal office
Status: in_force

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.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1373.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

130108
36:78g(a).
June 17, 1959, Pub. L. 86–47, §8(a), 73 Stat. 78.

The word "various" is omitted as unnecessary.
36 U.S.C. § 20708 (2024) — Title 36: PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS / Chapter 207 / Section 20708: Duty to maintain tax-exempt status
Duty to maintain tax-exempt status
Status: in_force

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.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1289.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

20708
36:1914.
June 1, 1982, Pub. L. 97–192, §15, 96 Stat. 111.
36 U.S.C. § 170107 (2024) — Title 36: PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS / Chapter 1701 / Section 170107: Headquarters and principal place of business
Headquarters and principal place of business
Status: in_force

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.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1441.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

170107
36:1158.
Aug. 11, 1971, Pub. L. 92–93, §8, 85 Stat. 318.

The words "activities of the corporation are not confined to the District of Columbia but may be" are substituted for "activities of said organization, as set out herein, shall not be confined to said city, but shall be" for consistency in the revised title.
36 U.S.C. § 40724 (2024) — Title 36: PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS / Chapter 407 / Subchapter II / Section 40724: Priority of youth participation
Priority of youth participation
Status: in_force

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.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1338.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

40724
36:5502(b).
Feb. 10, 1996, Pub. L. 104–106, title XVI, §1612(b), 110 Stat. 516.
36 U.S.C. § 70907 (2024) — Title 36: PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS / Chapter 709 / Section 70907: Exclusive right to name,1 seals, emblems, and badges
Exclusive right to name,1 seals, emblems, and badges
Status: in_force

The FFA and its authorized chapters and associations of chapters have the exclusive right to use the names "Future Farmers of America" and "National FFA Organization," 2 and the initials FFA as representing an agricultural education membership organization and seals, emblems, and badges the FFA adopts.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1358; Pub. L. 116–7, §8, Feb. 21, 2019, 133 Stat. 481.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

70907
36:286.
Aug. 30, 1950, ch. 823, §16, 64 Stat. 566.

The words "duly", "sole", and "lawfully" are omitted as unnecessary.

Editorial Notes

Amendments

2019—Pub. L. 116–7 substituted "FFA" for "corporation" in two places, "names" for "name", and " 'Future Farmers of America' and 'National FFA Organization,' " for " 'Future Farmers of America' " and inserted "education" before "membership".

1 So in original. Probably should be "names".

2 So in original. The comma preceding the closing quotation marks probably should not appear.
36 U.S.C. § 200309 (2024) — Title 36: PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS / Chapter 2003 / Section 200309: Records and inspection
Records and inspection
Status: in_force

(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.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1454.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

200309
36:544.
Aug. 20, 1954, ch. 774, §14, 68 Stat. 751.

The word "records" is substituted for "books and records" for consistency in the revised title and with other titles of the United States Code.
36 U.S.C. § 122 (2024) — Title 36: PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS / Chapter 1 / Section 122: National Flag Week
National Flag Week
Status: in_force

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.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1259.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

122
36:157a.
June 9, 1966, Pub. L. 89–443, 80 Stat. 194.
36 U.S.C. § 150513 (2024) — Title 36: PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS / Chapter 1505 / Section 150513: Distribution of assets on dissolution or final liquidation
Distribution of assets on dissolution or final liquidation
Status: in_force

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.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1391.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

150513
36:417.
Apr. 3, 1952, ch. 131, §17, 66 Stat. 41.

The word "satisfaction" is omitted as included in "discharge", and the word "obligations" is omitted as included in "liabilities". The word "outstanding" is omitted as unnecessary.
36 U.S.C. § 220506 (2024) — Title 36: PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS / Chapter 2205 / Subchapter I / Section 220506: Exclusive right to name, seals, emblems, and badges
Exclusive right to name, seals, emblems, and badges
Status: in_force

(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 and Paralympic Committee";

(2) the symbol of the International Olympic Committee, consisting of 5 interlocking rings, the symbol of the International Paralympic Committee, consisting of 3 Agitos, or the symbol of the Pan-American Sports Organization, consisting of a torch surrounded by concentric 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", "Paralympic", "Paralympiad", "Pan-American", "Parapan American", "America Espirito Sport Fraternite", 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, International Paralympic Committee, the Pan-American Sports Organization, 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 Paralympic team, the Pan-American team, the Parapan 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 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, Paralympic, Pan-American, or Parapan American Games activity; or

(4) any trademark, trade name, sign, symbol, or insignia falsely representing association with, or authorization by, the International Olympic Committee, the International Paralympic Committee, the Pan-American Sports Organization, or the corporation.

(d) Pre-Existing and Geographic Reference 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.

(3) Use of the word "Olympic" to identify a business or goods or services is permitted by this section where—

(A) such use is not combined with any of the intellectual properties referenced in subsection (a) or (c) of this section;

(B) it is evident from the circumstances that such use of the word "Olympic" refers to the naturally occurring mountains or geographical region of the same name that were named prior to February 6, 1998, and not to the corporation or any Olympic activity; and

(C) such business, goods, or services are operated, sold, and marketed in the State of Washington west of the Cascade Mountain range and operations, sales, and marketing outside of this area are not substantial.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1469; Pub. L. 105–277, div. C, title I, §142(g), Oct. 21, 1998, 112 Stat. 2681–604; Pub. L. 109–284, §5(16), Sept. 27, 2006, 120 Stat. 1212; Pub. L. 116–189, §4(a)(6), Oct. 30, 2020, 134 Stat. 945.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

220506(a)
36:380(c).
Sept. 21, 1950, ch. 975, title I, §110, as added Nov. 8, 1978, Pub. L. 95–606, §1(b), 92 Stat. 3048.

220506(b)
36:380(b).
 

220506(c)
36:380(a) (1st sentence).
 

220506(d)
36:380(a) (2d, last sentences).
 

Subsection (a)(2) and (3) is substituted for "the symbol described in subsection (a)(1) of this section; the emblem described in subsection (a)(2) of this section" because of the reorganization of the section.

In subsection (b), the words "or any trademark" are substituted for "as well as any trademark" to eliminate unnecessary words. The words "furnished . . . or for the use of" are omitted as unnecessary.

In subsection (c), the words "the corporation may file a civil action against a person" are substituted for "any person . . . shall be subject to suit in a civil action by the Corporation" for clarity.

In subsection (d)(2), the words "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" are substituted for "any other trademark, trade name, sign, symbol, or insignia described in subsections (a)(3) and (4) of this section" for clarity.

Editorial Notes

References in Text

The Trademark Act of 1946, referred to in subsec. (c), is act July 5, 1946, ch. 540, 60 Stat. 427, also popularly known as the Lanham Act, which is classified generally to chapter 22 (§1051 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 1051 of Title 15 and Tables.

Amendments

2020—Subsec. (a)(1). Pub. L. 116–189, §4(a)(6)(A)(i), substituted "United States Olympic and Paralympic Committee" for "United States Olympic Committee".

Subsec. (a)(2). Pub. L. 116–189, §4(a)(6)(A)(ii), substituted "3 Agitos" for "3 TaiGeuks".

Subsec. (a)(4). Pub. L. 116–189, §4(a)(6)(A)(iii), inserted " 'Parapan American'," after " 'Pan-American',".

Subsec. (b). Pub. L. 116–189, §4(a)(6)(B), inserted "the Parapan American team," after "the Pan-American team,".

Subsec. (c)(3). Pub. L. 116–189, §4(a)(6)(C), substituted "Pan-American, or Parapan American Games activity" for "or Pan-American Games activity".

2006—Subsec. (d)(3)(A). Pub. L. 109–284 substituted "subsection" for "subsections".

1998—Subsec. (a)(2). Pub. L. 105–277, §142(g)(1), substituted "rings, the symbol of the International Paralympic Committee, consisting of 3 TaiGeuks, or the symbol of the Pan-American Sports Organization, consisting of a torch surrounded by concentric rings;" for "rings;".

Subsec. (a)(4). Pub. L. 105–277, §142(g)(2), inserted " 'Paralympic', 'Paralympiad', 'Pan-American', 'America Espirito Sport Fraternite'," before "or any combination".

Subsec. (b). Pub. L. 105–277, §142(g)(3), (4), inserted ", International Paralympic Committee, the Pan-American Sports Organization," after "International Olympic Committee" and "the Paralympic team," before "the Pan-American team".

Subsec. (c)(3). Pub. L. 105–277, §142(g)(5), inserted ", Paralympic, or Pan-American Games" after "any Olympic".

Subsec. (c)(4). Pub. L. 105–277, §142(g)(6), inserted ", the International Paralympic Committee, the Pan-American Sport Organization," after "International Olympic Committee".

Subsec. (d). Pub. L. 105–277, §142(g)(7), inserted "and Geographic Reference" after "Pre-Existing" in heading.

Subsec. (d)(3). Pub. L. 105–277, §142(g)(8), added par. (3).
36 U.S.C. § 170105 (2024) — Title 36: PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS / Chapter 1701 / Section 170105: Exclusive right to name, seals, emblems, and badges
Exclusive right to name, seals, emblems, and badges
Status: in_force

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.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1441.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

170105
36:1160.
Aug. 11, 1971, Pub. L. 92–93, §10, 85 Stat. 318.

The words "sole", "have and", and "in carrying out its purposes" are omitted as unnecessary.
36 U.S.C. § 150411 (2024) — Title 36: PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS / Chapter 1504 / Section 150411: Records and inspection
Records and inspection
Status: in_force

(a) Records.—The corporation shall keep—

(1) correct and complete books and records of accounts;

(2) minutes of any proceeding of the corporation involving any member of the corporation, the board of directors, or any committee having authority under the board of directors; and

(3) at the principal office of the corporation, a record of the names and addresses of all members of the corporation having the right to vote.

(b) Inspection.—

(1) In general.—All books and records of the corporation may be inspected by any member having the right to vote, or by any agent or attorney of such a member, for any proper purpose, at any reasonable time.

(2) Effect.—Nothing in this section contravenes—

(A) the laws of the jurisdiction under which the corporation is incorporated; or

(B) the laws of those jurisdictions within the United States and its territories within which the corporation carries out activities in furtherance of the purposes of the corporation.

(Added Pub. L. 118–31, div. E, title LI, §5103(a), Dec. 22, 2023, 137 Stat. 937.)
36 U.S.C. § 154502 (2024) — Title 36: PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS / Chapter 1545 / Section 154502: Organization
Organization
Status: in_force

(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.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1435.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

154502(a)
36:2801.
Oct. 19, 1984, Pub. L. 98–520, §§1, 15 (last sentence), 16, 98 Stat. 2428, 2430.

154502(b)
36:2814 (last sentence).
36:2815.

This section is substituted for the source provisions for consistency in the revised title.
36 U.S.C. § 170302 (2024) — Title 36: PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS / Chapter 1703 / Section 170302: Organization
Organization
Status: in_force

(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.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1442.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

170302(a)
36:3601.
Oct. 7, 1985, Pub. L. 99–119, §§1, 17, 99 Stat. 498, 501.

170302(b)
36:3616.
 

This section is substituted for the source provisions for consistency in the revised title.
36 U.S.C. § 20202 (2024) — Title 36: PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS / Chapter 202 / Section 20202: Organization
Organization
Status: in_force

(a) Federal Charter.—Air Force Sergeants 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.

(Added Pub. L. 105–354, §1(4)(A), Nov. 3, 1998, 112 Stat. 3239.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

20202(a)
36 App.:5801.
Nov. 18, 1997, Pub. L. 105–85, title XV, §§1501, 1514 (related to termination of charter), 1515, 111 Stat. 1963, 1966.

20202(b)
36 App.:5813 (related to termination of charter).
36 App.:5814.

This section is substituted for the source provisions for consistency in the revised title and to eliminate unnecessary words.
36 U.S.C. § 152506 (2024) — Title 36: PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS / Chapter 1525 / Section 152506: Exclusive right to name, seals, emblems, and badges
Exclusive right to name, seals, emblems, and badges
Status: in_force

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.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1417.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

152506
36:477.
Aug. 13, 1953, ch. 429, §17, 67 Stat. 574.

The words "and such emblems, seals, and badges as have heretofore been used by the Illinois corporation referred to in section 478 of this title in carrying out its program" are omitted as unnecessary. The words "This section does not affect any vested rights" are substituted for "it being distinctly understood, however, that nothing in this chapter shall interfere or conflict with established or vested rights" to eliminate unnecessary words.
36 U.S.C. § 100112 (2024) — Title 36: PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS / Chapter 1001 / Section 100112: Annual report
Annual report
Status: in_force

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

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1366.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

100112
36:1711.
Nov. 20, 1981, Pub. L. 97–82, §12, 95 Stat. 1093.

Statutory Notes and Related Subsidiaries

Termination of Reporting Requirements

For termination, effective May 15, 2000, of reporting provisions in this section, see section 3003 of Pub. L. 104–66, set out as a note under section 1113 of Title 31, Money and Finance, and page 201 of House Document No. 103–7.
36 U.S.C. § 150403 (2024) — Title 36: PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS / Chapter 1504 / Section 150403: Membership
Membership
Status: in_force

Subject to section 150406, eligibility for membership in the corporation, and the rights and privileges of members, shall be as provided in the constitution and bylaws of the corporation.

(Added Pub. L. 118–31, div. E, title LI, §5103(a), Dec. 22, 2023, 137 Stat. 936.)
36 U.S.C. § 90108 (2024) — Title 36: PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS / Chapter 901 / Section 90108: Annual audit
Annual audit
Status: in_force

The foundation shall enter into a contract with an independent auditor to conduct an annual audit of the foundation.

(Added Pub. L. 107–252, title VI, §601(a), Oct. 29, 2002, 116 Stat. 1721, §152608; renumbered §90108, Pub. L. 113–237, §3(c)(6)(B), Dec. 18, 2014, 128 Stat. 2840.)

Editorial Notes

Amendments

2014—Pub. L. 113–237 renumbered section 152608 of this title as this section.
36 U.S.C. § 304 (2024) — Title 36: PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS / Chapter 3 / Section 304: National march
National march
Status: in_force

The composition by John Philip Sousa entitled "The Stars and Stripes Forever" is the national march.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1263.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

304
36:188.
Dec. 11, 1987, Pub. L. 100–186, 101 Stat. 1286.
36 U.S.C. § 140507 (2024) — Title 36: PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS / Chapter 1405 / Section 140507: Principal office
Principal office
Status: in_force

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.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1383.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

140507
36:825(a).
Aug. 26, 1958, Pub. L. 85–761, §5(a), 72 Stat. 856.

The word "various" is omitted as unnecessary.
36 U.S.C. § 300101 (2024) — Title 36: PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS / Chapter 3001 / Section 300101: Organization
Organization
Status: in_force

(a) Federal Charter.—The American National Red Cross (in this chapter, the "corporation") is a Federally chartered instrumentality of the United States and a body corporate and politic in the District of Columbia.

(b) Name.—The name of the corporation is "The American National Red Cross". The corporation may conduct its business and affairs, and otherwise hold itself out, as the "American Red Cross" in any jurisdiction.

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

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1490; Pub. L. 110–26, §3, May 11, 2007, 121 Stat. 105.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

300101
36:1.
Jan. 5, 1905, ch. 23, §1, 33 Stat. 599.

 
36:1a.
May 8, 1947, ch. 50, §8, 61 Stat. 83.

 
36:2 (1st sentence words before 2d comma).
Jan. 5, 1905, ch. 23, §2 (1st sentence words before 2d comma), 33 Stat. 600; May 8, 1947, ch. 50, §3, 61 Stat. 81.

This section is substituted for the source provisions to eliminate unnecessary and obsolete language.

Editorial Notes

Amendments

2007—Subsec. (a). Pub. L. 110–26, §3(1), inserted "a Federally chartered instrumentality of the United States and" before "a body corporate and politic".

Subsec. (b). Pub. L. 110–26, §3(2), inserted at end "The corporation may conduct its business and affairs, and otherwise hold itself out, as the 'American Red Cross' in any jurisdiction."

Statutory Notes and Related Subsidiaries

Findings; Sense of Congress

Pub. L. 110–26, §2, May 11, 2007, 121 Stat. 103, provided that:

"(a) Findings.—Congress makes the following findings:

"(1) Substantive changes to the Congressional Charter of The American National Red Cross have not been made since 1947.

"(2) In February 2006, the board of governors of The American National Red Cross (the 'Board of Governors') commissioned an independent review and analysis of the Board of Governors' role, composition, size, relationship with management, governance relationship with chartered units of The American National Red Cross, and whistle blower and audit functions.

"(3) In an October 2006 report of the Board of Governors, entitled 'American Red Cross Governance for the 21st Century' (the 'Governance Report'), the Board of Governors recommended changes to the Congressional Charter, bylaws, and other governing documents of The American National Red Cross to modernize and enhance the effectiveness of the Board of Governors and governance structure of The American National Red Cross.

"(4) It is in the national interest to create a more efficient governance structure of The American National Red Cross and to enhance the Board of Governors' ability to support the critical mission of The American National Red Cross in the 21st century.

"(5) It is in the national interest to clarify the role of the Board of Governors as a governance and strategic oversight board and for The American National Red Cross to amend its bylaws, consistent with the recommendations described in the Governance Report, to clarify the role of the Board of Governors and to outline the areas of its responsibility, including—

"(A) reviewing and approving the mission statement for The American National Red Cross;

"(B) approving and overseeing the corporation's strategic plan and maintaining strategic oversight of operational matters;

"(C) selecting, evaluating, and determining the level of compensation of the corporation's chief executive officer;

"(D) evaluating the performance and establishing the compensation of the senior leadership team and providing for management succession;

"(E) overseeing the financial reporting and audit process, internal controls, and legal compliance;

"(F) holding management accountable for performance;

"(G) providing oversight of the financial stability of the corporation;

"(H) ensuring the inclusiveness and diversity of the corporation;

"(I) ensuring the chapters of the corporation are geographically and regionally diverse;

"(J) providing oversight of the protection of the brand of the corporation; and

"(K) assisting with fundraising on behalf of the corporation.

"(6)(A) The selection of members of the Board of Governors is a critical component of effective governance for The American National Red Cross, and, as such, it is in the national interest that The American National Red Cross amend its bylaws to provide a method of selection consistent with that described in the Governance Report.

"(B) The new method of selection should replace the current process by which—

"(i) 30 chartered unit-elected members of the Board of Governors are selected by a non-Board committee which includes 2 members of the Board of Governors and other individuals elected by the chartered units themselves;

"(ii) 12 at-large members of the Board of Governors are nominated by a Board committee and elected by the Board of Governors; and

"(iii) 8 members of the Board of Governors are appointed by the President of the United States.

"(C) The new method of selection described in the Governance Report reflects the single category of members of the Board of Governors that will result from the implementation of this Act [see Short Title of 2007 Amendment note set out under section 101 of this title]:

"(i) All Board members (except for the chairman of the Board of Governors) would be nominated by a single committee of the Board of Governors taking into account the criteria outlined in the Governance Report to assure the expertise, skills, and experience of a governing board.

"(ii) The nominated members would be considered for approval by the full Board of Governors and then submitted to The American National Red Cross annual meeting of delegates for election, in keeping with the standard corporate practice whereby shareholders of a corporation elect members of a board of directors at its annual meeting.

"(7) The United States Supreme Court held The American National Red Cross to be an instrumentality of the United States, and it is in the national interest that the Congressional Charter confirm that status and that any changes to the Congressional Charter do not affect the rights and obligations of The American National Red Cross to carry out its purposes.

"(8) Given the role of The American National Red Cross in carrying out its services, programs, and activities, and meeting its various obligations, the effectiveness of The American National Red Cross will be promoted by the creation of an organizational ombudsman who—

"(A) will be a neutral or impartial dispute resolution practitioner whose major function will be to provide confidential and informal assistance to the many internal and external stakeholders of The American National Red Cross;

"(B) will report to the chief executive officer and the audit committee of the Board of Governors; and

"(C) will have access to anyone and any documents in The American National Red Cross.

"(b) Sense of Congress.—It is the sense of Congress that—

"(1) charitable organizations are an indispensable part of American society, but these organizations can only fulfill their important roles by maintaining the trust of the American public;

"(2) trust is fostered by effective governance and transparency, which are the principal goals of the recommendations of the Board of Governors in the Governance Report and this Act;

"(3) Federal and State action play an important role in ensuring effective governance and transparency by setting standards, rooting out violations, and informing the public;

"(4) while The American National Red Cross is and will remain a Federally chartered instrumentality of the United States, and it has the rights and obligations consistent with that status, The American National Red Cross nevertheless should maintain appropriate communications with State regulators of charitable organizations and should cooperate with them as appropriate in specific matters as they arise from time to time; and

"(5) while The American National Red Cross is and will remain a Federally chartered instrumentality of the United States, and it has the rights and obligations consistent with that status, The American National Red Cross nevertheless should maintain appropriate communications and collaborations with local, community, and faith-based non-profit organizations, including those organizations that work within minority communities."
36 U.S.C. § 300108 (2024) — Title 36: PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS / Chapter 3001 / Section 300108: Buildings
Buildings
Status: in_force

(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.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1493.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

300108
36:13.
Feb. 7, 1930, ch. 42, §§1, 5, 46 Stat. 66.

 
36:15.
June 7, 1924, ch. 369, §§1, 2, 4, 43 Stat. 665, 666.

Subsection (a)(1) is substituted for "land occupied in part on June 7, 1924, by the Memorial to the Women of the Civil War, the permanent headquarters of the American Red Cross" in 36:15 because the words in the source refer to the building, provided for by the Act of October 22, 1913 (ch. 32 (par. under heading "Monument to Commemorate the Women of the Civil War"), 38 Stat. 233), that was built as the permanent headquarters of the American Red Cross, the predecessor organization to the corporation.

In subsection (a)(2), the words "That there is hereby authorized to be appropriated out of any money in the Treasury not otherwise appropriated the sum of $150,000 as a part contribution to the erection of . . . with equipment" in section 1 of the Act June 7, 1924 (ch. 369, 43 Stat. 665), are omitted as executed. The words "That said memorial shall be a building monumental in design and character . . . and shall cost not less than $300,000: Provided, That this expenditure shall include complete equipment" in section 2 of that Act are omitted as executed. The words "The expenditures for said memorial building shall be made under the direction of a commission consisting of the chairman of the Senate Committee on the Library and the chairman of the House Committee on the Library" in section 4 (last par.) of that Act are omitted as executed. The text of section 4 (1st par.) of that Act is omitted as executed. The words "of America" are omitted as unnecessary. The words "its territories and possessions" are substituted for "its insular possessions" for clarity and consistency in the revised title and with other titles of the United States Code. The words "World War I" are substituted for "the World War" for clarity.

In subsection (a)(3), the words "That authority be, and is hereby, given to the American National Red Cross to erect . . . in replacement of the temporary building or buildings erected on such lot under Public Resolution Numbered 3, Sixty–fifth Congress (S.J. Res. 61)" in section 1 of the Act of February 7, 1930 (ch. 42, 46 Stat. 66) are omitted as executed.

In subsection (b), the words "Administrator of General Services" are substituted for "Superintendent of Public Buildings and Grounds" in section 4 (last par.) of the Act June 7, 1924 (ch. 369, 43 Stat. 666) and "Director of Public Buildings and Public Parks of the National Capital" in section 5 of the Act of February 7, 1930 (ch. 42, 46 Stat. 66) to reflect subsequent transfers of functions. The office of Public Buildings and Grounds under the Chief of Engineers was abolished and the functions of the Chief of Engineers, United States Army, were transferred to the Director of Public Buildings and Public Parks of the National Capital by section 3 of the Act of February 26, 1925 (ch. 339, 43 Stat. 983). The office of Public Buildings and Public Parks of the National Capital was abolished and its functions transferred to the Office of National Parks, Buildings and Reservations of the Department of the Interior by section 2 of Executive Order No. 6166, effective June 10, 1933. The name of the latter office was changed to "National Park Service" by section 1 of the Act of March 2, 1934 (ch. 38, 48 Stat. 389). The functions of the Director of the National Park Service related to public buildings were transferred to the Federal Works Administrator by section 303(b) of Reorganization Plan No. I of 1939 (5 App. U.S.C.). The functions of the Federal Works Administrator were transferred to the Administrator of General Services by section 103(a) of the Act of June 30, 1949 (ch. 288, 63 Stat. 380). The words "the corporation shall care for and maintain the buildings" are substituted for "the American National Red Cross shall at all times be charged with the responsibility, the care, keeping, and maintenance of said building" in 36:13, and "the American Red Cross shall at all times be charged with the responsibility, the care, keeping, and maintenance of the said memorial building" in 36:15, for clarity and to eliminate unnecessary words.

Statutory Notes and Related Subsidiaries

Permanent Building for District of Columbia Chapter

Act July 1, 1947, ch. 195, 61 Stat. 241, as amended by Pub. L. 100–637, §1, Nov. 8, 1988, 102 Stat. 3325, provided: "That authority be, and is hereby, given to the American National Red Cross to erect upon the south half of square 104 in the city of Washington, District of Columbia, a permanent building for the use of the District of Columbia Chapter, American National Red Cross, in connection with its work, in cooperation with the Government of the United States and its responsibilities under its charter granted by the Congress of the United States.

"Sec. 2. That the plans of the proposed building shall first be approved by the American National Red Cross, the Commission of Fine Arts and the National Capital Park and Planning Commission and the erection and design thereof shall be under the supervision of the Administrator of the Federal Works Agency [now the Administrator of General Services] in accordance with the provisions of the Public Buildings Act of May 25, 1926, as amended [enacting sections 341, 342, 343 to 345a, 346, and 347 of former Title 40, Public Buildings, Property, and Works] and as hereby further amended.

"Sec. 3. That the cost of the removal of the buildings on this site shall be borne by the American National Red Cross, District of Columbia Chapter, without expense to the United States.

"Sec. 4. That said permanent building shall remain the property of the United States but under the supervision of the Administrator of the Federal Works Agency [now the Administrator of General Services] and the American National Red Cross, District of Columbia Chapter, shall, at all times be charged with the responsibility, care, keeping, and maintenance of said building without expense to the United States.

"Sec. 5. That moneys of the American National Red Cross, District of Columbia Chapter, available for the construction of the aforesaid building, including any amount administratively determined necessary for the payment of salaries and expenses of personnel engaged upon the preparation of plans and specifications, field supervision, and general office expenses, may be transferred to and expended by the Public Buildings Administration of the Federal Works Agency [now the Administrator of General Services], and such funds may be consolidated in the books of the Treasury Department into a special account for direct expenditure in the prosecution of said work, and the Commissioner of Public Buildings is authorized to prepare drawings and specifications for this building prior to the approval by the Attorney General of the title to such acquisition.

"Sec. 6. That said building shall be appropriate in design and character and shall be used by the American National Red Cross, District of Columbia Chapter, and shall cost not less than $1,000,000: Provided, That this expenditure shall include complete equipment.

"Sec. 7. That the person, firm, or corporation which the Commissioner of Public Buildings shall select to furnish professional architectural and engineering services required for the project shall be chosen from nominations made by the American National Red Cross, District of Columbia Chapter.

"Sec. 8. That the National Capital Housing Authority is hereby authorized and directed to transfer to the jurisdiction of the Federal Works Administrator [now the Administrator of General Services] such part of the site for said building as is now under the jurisdiction of said Authority: Provided, That the Treasurer of the United States is authorized and directed to credit said Authority with the fair market value, at the date of transfer, of the property so transferred: Provided further, That the Federal Works Administrator [now the Administrator of General Services] is hereby authorized to utilize the property so transferred, as well as that part of the site already under his jurisdiction, for the purposes of this Act.

"Sec. 9. That the Federal Works Administrator, through the Public Buildings Administration [both now under the Administrator of General Services], is hereby authorized to furnish steam from the central heating plant for the heating of said building, such steam to be paid for by the American National Red Cross, District of Columbia Chapter, at such reasonable rates, not less than cost, as may be determined by the Federal Works Administrator [now Administrator of General Services]: Provided, That the Federal Works Administrator, through the Public Buildings Administration [both now under the Administrator of General Services], is authorized to prepare plans and specifications and to supervise and to contract for the work necessary to connect said building with the Government mains and to pay the cost of such work and services, including administrative expenses, from the funds consolidated into the Treasury pursuant to section 5 thereof.

"Sec. 10. The enactment of this joint resolution shall not be construed as establishing a policy of the United States Government to furnish building sites for Red Cross chapters or any eleemosynary institution at any other place.

"Sec. 11. (a) Notwithstanding any other provision of law, the Administrator of the General Services Administration shall enter into a lease of the real property described in the first section of this Act with the American National Red Cross, District of Columbia Chapter. Such lease shall provide that such property shall be used as an office, medical and scientific facility by such Red Cross Chapter and the tenants of such Chapter on such terms and conditions as shall be customary and necessary, including that—

"(1) the lease shall be triple net to the United States and such Red Cross Chapter shall pay all taxes, insurance, and operating costs, and a rent of $1.00 for the term of the lease;

"(2) the lease term shall be for 99 years, and all improvements on such property shall revert to the ownership of the United States at the conclusion of the term;

"(3) such Red Cross Chapter may (at the expense of such Chapter) demolish the improvements on such property or any improvements constructed on such property after the date of enactment of this section [Nov. 8, 1988], build, own, operate, and maintain new improvements, enter into leases, finance improvements (and mortgage any improvements and the leasehold estate), and in all manner deal with the property subject only to the condition that the ownership interest of the United States in the land shall not be adversely affected;

"(4) any space not needed for the operations of such Red Cross Chapter or the American National Red Cross in any building or improvement constructed on such property shall be first made available for use by Federal agencies at rental rates and other related expenses that are less than fair market value and reflect the value of the property provided to such Red Cross Chapter under the provisions of this Act;

"(5) the United States shall cooperate with such Red Cross Chapter with respect to any zoning or other matters relating to the development or improvement of such property; and

"(6) the plans of any proposed building or improvement for construction after the date of the enactment of this section shall first be approved by the American National Red Cross, the Commission of Fine Arts, and the National Capital Planning Commission.

"(b) The enactment of this section may not be construed as establishing a policy of the United States Government to furnish building sites for Red Cross chapters or any eleemosynary institution at any other place."
36 U.S.C. § 220522 (2024) — Title 36: PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS / Chapter 2205 / Subchapter II / Section 220522: Eligibility requirements
Eligibility requirements
Status: in_force

An amateur sports organization, a high-performance management organization, or a paralympic sports organization is eligible to be certified, or to continue to be certified, 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, including the ability to provide and enforce required athlete protection policies and procedures;

(3) submits—

(A) an application, in the form required by the corporation, for certification 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;

(4) agrees to submit to binding arbitration in any controversy involving—

(A) its certification as a national governing body, as provided for in section 220529 of this title, upon demand of the corporation; and

(B) the opportunity of any amateur athlete, coach, trainer, manager, administrator or official to participate in amateur athletic competition, upon demand of the corporation or any aggrieved amateur athlete, coach, trainer, manager, administrator or official, which arbitration under this paragraph shall be conducted in accordance with the standard commercial arbitration rules of an established major national provider of arbitration and mediation services based in the United States and designated by the corporation with the concurrence of the Athletes' Advisory Council and the National Governing Bodies' Council, as modified and provided for in the corporation's constitution and bylaws, except that if the Athletes' Advisory Council and National Governing Bodies' Council do not concur on any modifications to such Rules, and if the corporation's executive committee is not able to facilitate such concurrence, the standard commercial rules of arbitration of such designated provider shall apply unless at least two-thirds of the corporation's board of directors approves modifications to such Rules;

(5) demonstrates that it is autonomous in the governance of its sport, except with respect to the oversight of the organization, 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, the Paralympic Games, the Pan-American Games, or the Parapan 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 certification is sought, or any amateur sports organization that conducts programs in the sport for which certification 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) ensures that the selection criteria for individuals and teams that represent the United States are—

(A) fair, as determined by the corporation in consultation with the national governing bodies, the Athletes' Advisory Council, and the United States Olympians and Paralympians Association;

(B) clearly articulated in writing and properly communicated to athletes in a timely manner; and

(C) consistently applied, using objective and subjective criteria appropriate to the applicable sport;

(11) demonstrates, based on guidelines approved by the corporation, the Athletes' Advisory Council, and the National Governing Bodies' Council, that its board of directors and other such governing boards have established criteria and election procedures for and maintain among their voting members individuals who are actively engaged in amateur athletic competition in the sport for which certification is sought or who have represented the United States in international amateur athletic competition within the preceding 10 years, that any exceptions to such guidelines by such organization have been approved by the corporation, and that the voting power held by such individuals is not less than 20 percent of the voting power held in its board of directors and other such governing boards;

(12) provides for reasonable direct representation on its board of directors or other governing board for any amateur sports organization, high-performance management organization, or paralympic sports organization that—

(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 applicable organization in relation to all other programs and competitions in the sport in the United States;

(13) demonstrates, based on guidelines approved by the corporation, the Athletes' Advisory Council, and the National Governing Bodies' Council, that—

(A) its board of directors and other such governing boards have established criteria and election procedures for, and maintain among their voting members, individuals who—

(i) are elected by amateur athletes; and

(ii) are actively engaged in amateur athletic competition, or have represented the United States in international amateur athletic competition, in the sport for which certification is sought;

(B) any exception to such guidelines by such organization has been approved by—

(i) the corporation; and

(ii) the Athletes' Advisory Council; and

(C) the voting power held by such individuals is not less than 1/3 of the voting power held by its board of directors and other such governing boards;

(14) provides procedures for the prompt and equitable resolution of grievances of its members;

(15) does not have eligibility criteria related to amateur status or to participation in the Olympic Games, the Paralympic Games, the Pan-American Games, or the Parapan American Games that are more restrictive than those of the appropriate international sports federation;

(16) demonstrates, if the organization is seeking to be certified 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;

(17) commits to submitting annual reports to the corporation that include, for each calendar year—

(A) a description of the manner in which the organization—

(i) carries out the mission to promote a safe environment in sports that is free from abuse of amateur athletes (including emotional, physical, and sexual abuse); and

(ii) addresses any sanctions or temporary measures required by the Center;

(B) a description of any cause of action or complaint filed against the organization that was pending or settled during the preceding calendar year; and

(C) a detailed statement of—

(i) the income and expenses of the organization; and

(ii) the amounts expended on stipends, bonuses, and services for amateur athletes, organized by the level and gender of the amateur athletes;

(18) commits to meeting any minimum standard or requirement set forth by the corporation; and

(19) provides protection from retaliation to protected individuals.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1471; Pub. L. 105–277, div. C, title I, §142(m), Oct. 21, 1998, 112 Stat. 2681–607; Pub. L. 116–189, §7(a)(2)(A)(iii), (b), Oct. 30, 2020, 134 Stat. 956, 958.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

220522
36:391(b), (c).
Sept. 21, 1950, ch. 975, title II, §201(b), (c), as added Nov. 8, 1978, Pub. L. 95–606, §2, 92 Stat. 3050.

In clause (1), the words "a State" are substituted for "any of the several States" for consistency in the revised title.

In clause (3)(B), the words "upon application" are omitted as unnecessary.

In clause (10)(B), the words "hold at least 20 percent of the membership and voting power on the board" are substituted for "the membership and voting power held . . . is not less than 20 percent of such membership and voting power held in that board of directors or other such governing board" to eliminate unnecessary words.

The text of 36:391(c) is omitted as executed.

Editorial Notes

Amendments

2020—Pub. L. 116–189, §7(a)(2)(A)(iii)(I), (II)(ff), struck out subsec. (a) designation and heading "General" at beginning of section, substituted "An amateur sports organization, a high-performance management organization, or a paralympic sports organization" for "An amateur sports organization" in introductory provisions, and struck out subsec. (b) which related to recognition of paralympic sports organizations.

Subsec. (a). Pub. L. 116–189, §7(a)(2)(A)(iii)(II)(aa), (bb), substituted "certified" for "recognized" and "certification" for "recognition" wherever appearing in subsec. (a) prior to redesignation of subsec. (a) as entire section.

Par. (2). Pub. L. 116–189, §7(b)(1), inserted ", including the ability to provide and enforce required athlete protection policies and procedures" before semicolon at end.

Par. (4)(B). Pub. L. 116–189, §7(b)(2), substituted "which arbitration under this paragraph shall be conducted in accordance with the standard commercial arbitration rules of an established major national provider of arbitration and mediation services based in the United States and designated by the corporation with the concurrence of the Athletes' Advisory Council and the National Governing Bodies' Council" for "conducted in accordance with the Commercial Rules of the American Arbitration Association" and "standard commercial rules of arbitration of such designated provider" for "Commercial Rules of Arbitration".

Par. (5). Pub. L. 116–189, §7(b)(3), inserted "except with respect to the oversight of the organization," after "sport," in introductory provisions.

Subsec. (a)(6). Pub. L. 116–189, §7(a)(2)(A)(iii)(II)(cc), substituted "the Olympic Games, the Paralympic Games, the Pan-American Games, or the Parapan American Games" for "the Olympic Games or the Pan-American Games" in par. (6) of subsec. (a) prior to redesignation of subsec. (a) as entire section.

Par. (10). Pub. L. 116–189, §7(b)(5), added par. (10). Former par. (10) redesignated (11).

Par. (11). Pub. L. 116–189, §7(b)(4), redesignated par. (10) as (11). Former par. (11) redesignated (12).

Subsec. (a)(11). Pub. L. 116–189, §7(a)(2)(A)(iii)(II)(dd), in subsec. (a)(11) prior to redesignation of subsec. (a) as entire section, inserted ", high-performance management organization, or paralympic sports organization" after "amateur sports organization" in introductory provisions and substituted "applicable" for "amateur sports" in subpar. (B).

Par. (12). Pub. L. 116–189, §7(b)(4), redesignated par. (11) as (12). Former par. (12) redesignated (13).

Par. (13). Pub. L. 116–189, §7(b)(6), added par. (13) and struck out former par. (13) which read as follows: "demonstrates that none of its officers are also officers of any other amateur sports organization recognized as a national governing body;".

Pub. L. 116–189, §7(b)(4), redesignated par. (12) as (13). Former par. (13) redesignated (14).

Par. (14). Pub. L. 116–189, §7(b)(4), redesignated par. (13) as (14). Former par. (14) redesignated (15).

Subsec. (a)(14). Pub. L. 116–189, §7(a)(2)(A)(iii)(II)(ee), substituted "the Pan-American Games, or the Parapan American Games" for "or the Pan-American Games" in par. (14) of subsec. (a) prior to redesignation of subsec. (a) as entire section and par. (14) as (15).

Pars. (15), (16). Pub. L. 116–189, §7(b)(4), redesignated pars. (14) and (15) as (15) and (16), respectively.

Pars. (17) to (19). Pub. L. 116–189, §7(b)(7)–(9), added pars. (17) to (19).

1998—Pub. L. 105–277, §142(m)(1), designated existing provisions as subsec. (a) and inserted heading.

Subsec. (a)(4). Pub. L. 105–277, §142(m)(2), added par. (4) and struck out former par. (4) which read as follows: "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;".

Subsec. (a)(10). Pub. L. 105–277, §142(m)(3), added par. (10) and struck out former par. (10) which read as follows: "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;".

Subsec. (a)(14). Pub. L. 105–277, §142(m)(4), inserted "or to participation in the Olympic Games, the Paralympic Games, or the Pan-American Games" after "amateur status".

Subsec. (b). Pub. L. 105–277, §142(m)(5), added subsec. (b).
36 U.S.C. § 30514 (2024) — Title 36: PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS / Chapter 305 / Section 30514: Distribution of assets on dissolution or final liquidation
Distribution of assets on dissolution or final liquidation
Status: in_force

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.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1322.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

30514
36:957.
July 14, 1960, Pub. L. 86–653, §17, 74 Stat. 518.

The word "satisfaction" is omitted as included in "discharge", and the word "obligations" is omitted as included in "liabilities". The word "outstanding" is omitted as unnecessary. The words "as provided by" are substituted for "in accordance with the determination of" for consistency in the revised title. The reference to the "national executive board" is retained although 36:946 and 947 (restated in section 30505 of the revised title) do not create a governing body called a "national executive board." The words "all Federal and State laws applicable thereto" are omitted as unnecessary.
36 U.S.C. § 509 (2024) — Title 36: PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS / Chapter 5 / Section 509: Penalty
Penalty
Status: in_force

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.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1265.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

509
36:728 (3d, last sentences).
Aug. 6, 1956, ch. 974, §8 (3d, last sentences), 70 Stat. 1051; Jan. 30, 1968, Pub. L. 90–251, §3, 82 Stat. 4.

The words "by the Council of the District of Columbia" and "the authority of" are omitted as unnecessary. The words "under title 18" are substituted for "not more than $100" for consistency with title 18. The words "A separate violation occurs under this section for each day the violation continues" are substituted for 36:728 (last sentence) for consistency in the revised title and with other titles of the United States Code and to eliminate unnecessary words.
36 U.S.C. § 22901 (2024) — Title 36: PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS / Chapter 229 / Section 22901: Definition
Definition
Status: in_force

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

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1309.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

22901
36:3913.
Nov. 6, 1986, Pub. L. 99–604, §14, 100 Stat. 3448.

The words "the Commonwealth of Puerto Rico" are omitted as included in "the territories and possessions of the United States".
36 U.S.C. § 31105 (2024) — Title 36: PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS / Chapter 311 / Section 31105: Powers
Powers
Status: in_force

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.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1327.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

31105
36:694(2)–(9).
Aug. 6, 1956, ch. 976, §§4(2)–(9), 16, 70 Stat. 1052, 1056.

 
36:706.
 

In this section, the text of 36:706 is omitted as executed and obsolete.

In clause (1), the words "and alter" and "not inconsistent with the laws of the United States or any State in which the corporation is to operate" are omitted as unnecessary.

In clause (2), the word "use" is omitted as unnecessary.

In clause (4), the words "make contracts" are substituted for "contract and be contracted with" to eliminate unnecessary words.

Clause (5) is substituted for "take by lease, gift, purchase, grant, devise, or bequest from any private corporation, association, partnership, firm, or individual and to hold any property, real, personal, or mixed, necessary or convenient for attaining the objects and carrying into effect the purposes of the corporation" and "transfer, convey, lease, sublease, encumber and otherwise alienate real, personal or mixed property" for consistency in the revised title and to eliminate unnecessary words. The words "subject, however, to applicable provisions of law of any State (A) governing the amount or kind of property which may be held by, or (B) otherwise limiting or controlling the ownership of property by, a corporation operating in such State" are omitted as unnecessary.

In clause (6), the words "for the purposes of the corporation" are omitted as unnecessary. The words "issue instruments of indebtedness, and secure its obligations by granting security interests in its property" are substituted for "issue bonds therefor, and secure the same by mortgage, deed of trust, pledge, or otherwise" to eliminate unnecessary words. The words "subject in every case to all applicable provisions of Federal and State laws" are omitted as unnecessary.

In clause (7), the words "complain and defend in any court of competent jurisdiction" are omitted as unnecessary.
36 U.S.C. § 220503 (2024) — Title 36: PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS / Chapter 2205 / Subchapter I / Section 220503: Purposes
Purposes
Status: in_force

The purposes of the corporation are—

(1) to establish national goals for amateur athletic activities and encourage the attainment of those goals;

(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, the Paralympic Games, the Pan-American Games, and the Parapan American Games, including representation of the United States in the games; and

(B) the organization of the Olympic Games, the Paralympic Games, the Pan-American Games, and the Parapan 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, the Paralympic Games, the Pan-American Games, and the Parapan 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 and access to 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 amateur athletes with disabilities, including, where feasible, the expansion of opportunities for meaningful participation by such amateur athletes in programs of athletic competition for able-bodied amateur athletes;

(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;

(15) to promote a safe environment in sports that is free from abuse, including emotional, physical, and sexual abuse, of any amateur athlete; and

(16) to effectively oversee the national governing bodies with respect to compliance with and implementation of the policies and procedures of the corporation, including policies and procedures on the establishment of a safe environment in sports as described in paragraph (15).

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1466; Pub. L. 105–277, div. C, title I, §142(d), Oct. 21, 1998, 112 Stat. 2681–603; Pub. L. 115–126, title II, §201, Feb. 14, 2018, 132 Stat. 320; Pub. L. 116–189, §§4(a)(3), 6(a), Oct. 30, 2020, 134 Stat. 945, 947.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

220503
36:374.
Sept. 21, 1950, ch. 975, title I, §104, as added Nov. 8, 1978, Pub. L. 95–606, §1(b), 92 Stat. 3046.

Before clause (1), the word "objects" is omitted as included in "purposes".

In clause (4), the word "competition" is omitted as included in "each event".

Editorial Notes

Amendments

2020—Par. (3). Pub. L. 116–189, §4(a)(3)(A), substituted "the Pan-American Games, and the Parapan American Games" for "and the Pan-American Games" in subpars. (A) and (B).

Par. (4). Pub. L. 116–189, §4(a)(3)(B), substituted "the Pan-American Games, and the Parapan American Games" for "and Pan-American Games".

Par. (9). Pub. L. 116–189, §6(a)(1), inserted "and access to" after "development of".

Par. (16). Pub. L. 116–189, §6(a)(2)–(4), added par. (16).

2018—Par. (15). Pub. L. 115–126 added par. (15).

1998—Pars. (3), (4). Pub. L. 105–277, §142(d)(1), substituted "Olympic Games, the Paralympic Games" for "Olympic Games" wherever appearing.

Par. (13). Pub. L. 105–277, §142(d)(2), added par. (13) and struck out former par. (13) which read as follows: "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".
36 U.S.C. § 220710 (2024) — Title 36: PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS / Chapter 2207 / Section 220710: Service of process
Service of process
Status: in_force

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

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1480.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

220710
36:1804.
Nov. 20, 1981, Pub. L. 97–83, §4, 95 Stat. 1094.

The words "in furtherance of its corporate purposes" are omitted as unnecessary.
36 U.S.C. § 151504 (2024) — Title 36: PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS / Chapter 1515 / Section 151504: Membership
Membership
Status: in_force

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

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1402.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

151504
36:2005.
Aug. 9, 1982, Pub. L. 97–231, §5, 96 Stat. 256.
36 U.S.C. § 106 (2024) — Title 36: PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS / Chapter 1 / Section 106: Constitution Day and Citizenship Day
Constitution Day and Citizenship Day
Status: in_force

(a) Designation.—September 17 is designated as Constitution Day and Citizenship Day.

(b) Purpose.—Constitution Day and Citizenship Day commemorate the formation and signing on September 17, 1787, of the Constitution and recognize 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 Constitution Day and Citizenship Day and inviting the people of the United States to observe Constitution Day and Citizenship Day, in schools and churches, or other suitable places, with appropriate ceremonies.

(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 Constitution Day and 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.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1255; Pub. L. 108–447, div. J, title I, §111(c)(1), Dec. 8, 2004, 118 Stat. 3344.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

106(a)
36:153 (1st par. 1st–13th words).
Feb. 29, 1952, ch. 49, §1, 66 Stat. 9.

106(b)
36:153 (1st par. 14th word–words before "and the President").
 

106(c)
36:153 (1st par. words after "of citizenship").
 

106(d)
36:153 (2d, last pars.).
 

In subsection (d), the text of 36:153 (last par.) is omitted as obsolete.

Editorial Notes

Amendments

2004—Pub. L. 108–447, §111(c)(1)(A), inserted "Constitution Day and" before "Citizenship Day" in section catchline.

Subsec. (a). Pub. L. 108–447, §111(c)(1)(B), substituted "is designated as Constitution Day and Citizenship Day" for "is Citizenship Day".

Subsec. (b). Pub. L. 108–447, §111(c)(1)(C), inserted "Constitution Day and" before "Citizenship Day" and substituted "commemorate" for "commemorates" and "recognize" for "recognizes".

Subsec. (c). Pub. L. 108–447, §111(c)(1)(D), inserted "Constitution Day and" before "Citizenship Day" in two places.

Subsec. (d). Pub. L. 108–447, §111(c)(1)(E), inserted "Constitution Day and" before "Citizenship Day".

Statutory Notes and Related Subsidiaries

Educational and Training Materials for New Federal Employees Concerning the U.S. Constitution

Pub. L. 108–447, div. J, title I, §111, Dec. 8, 2004, 118 Stat. 3344, provided that:

"(a) The head of each Federal agency or department shall—

"(1) provide each new employee of the agency or department with educational and training materials concerning the United States Constitution as part of the orientation materials provided to the new employee; and

"(2) provide educational and training materials concerning the United States Constitution to each employee of the agency or department on September 17 of each year.

"(b) Each educational institution that receives Federal funds for a fiscal year shall hold an educational program on the United States Constitution on September 17 of such year for the students served by the educational institution.

"(c) [Amended section 106 of this title and table of contents of this chapter.]

"(d) This section shall be without fiscal year limitation."
36 U.S.C. § 100103 (2024) — Title 36: PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS / Chapter 1001 / Section 100103: Purposes
Purposes
Status: in_force

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.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1365.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

100103
36:1703.
Nov. 20, 1981, Pub. L. 97–82, §3, 95 Stat. 1091.

Before clause (1), the word "objects" is omitted as included in "purposes".
36 U.S.C. § 2301 (2024) — Title 36: PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS / Chapter 23 / Section 2301: Establishment of the United States Holocaust Memorial Museum; functions
Establishment of the United States Holocaust Memorial Museum; functions
Status: in_force

The United States Holocaust Memorial Museum (hereafter in this chapter referred to as the "Museum") is an independent establishment of the United States Government. The Museum shall—

(1) provide for appropriate ways for the Nation to commemorate the Days of Remembrance, as an annual, national, civic commemoration of the Holocaust, and encourage and sponsor appropriate observances of such Days of Remembrance throughout the United States;

(2) operate and maintain a permanent living memorial museum to the victims of the Holocaust, in cooperation with the Secretary of the Interior and other Federal agencies as provided in section 2304 of this title; and

(3) carry out the recommendations of the President's Commission on the Holocaust in its report to the President of September 27, 1979, to the extent such recommendations are not otherwise provided for in this chapter.

(Added Pub. L. 106–292, §1, Oct. 12, 2000, 114 Stat. 1030; amended Pub. L. 109–284, §5(4), Sept. 27, 2006, 120 Stat. 1211; Pub. L. 113–237, §3(c)(2), Dec. 18, 2014, 128 Stat. 2840.)

Editorial Notes

Prior Provisions

A prior section 2301, Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1277, related to the establishment and purposes of the Holocaust Memorial Council, prior to the general amendment of this chapter by Pub. L. 106–292.

Amendments

2014—Par. (2). Pub. L. 113–237 substituted "section 2304" for "section 2306".

2006—Pub. L. 109–284 substituted "United States Government" for "United State Government" in introductory provisions.

Statutory Notes and Related Subsidiaries

Support for Holocaust Education Programs

Pub. L. 116–141, May 29, 2020, 134 Stat. 636, as amended by Pub. L. 118–197, §2, Dec. 23, 2024, 138 Stat. 2677, provided that:

"SECTION 1. SHORT TITLE.

"This Act may be cited as the 'Never Again Education Act'.

"SEC. 2. FINDINGS.

"The Congress finds the following:

"(1) The United States has demonstrated a commitment to remembrance and education about the Holocaust through bilateral relationships and engagement in international organizations such as the United Nations and the International Holocaust Remembrance Alliance; the United States works to promote Holocaust education as a means to understand the importance of democratic principles, use and abuse of power, and to raise awareness about the importance of genocide prevention today.

"(2) The Congress has played a critical role in preserving the memory of the Holocaust and promoting awareness, including by authorizing the United States Holocaust Memorial Museum as an independent establishment of the Federal Government to ensure that 'the study of the Holocaust become part of the curriculum in every school system in the country', as well as by establishing a national Holocaust Remembrance Day in 1978.

"(3) 75 years after the conclusion of World War II, with the decreasing number of eyewitnesses and growing distance of students and their families from this history, it is important to institutionalize education about the events of the Holocaust such as the German Nazis' racist ideology, propaganda, and plan to lead a state to war and, with their collaborators, kill millions—including the systematic murder of 6,000,000 Jewish people; as well as the persecution and murder of millions of others in the name of racial purity, political, ideological, and behavioral grounds, among them Roma, the disabled, the Slavs, Communists, Socialists, Jehovah's Witnesses, and homosexuals.

"(4) As intolerance, antisemitism, and bigotry are promoted by hate groups, Holocaust education provides a context in which to learn about the danger of what can happen when hate goes unchallenged and there is indifference in the face of the oppression of others; learning how and why the Holocaust happened is an important component of the education of citizens of the United States.

"(5) Today, those who deny that the Holocaust occurred or distort the true nature of the Holocaust continue to find forums, especially online; this denial and distortion dishonors those who were persecuted, and murdered, making it even more of a national imperative to educate students in the United States so that they may explore the lessons that the Holocaust provides for all people, sensitize communities to the circumstances that gave rise to the Holocaust, and help youth be less susceptible to the falsehood of Holocaust denial and distortion and to the destructive messages of hate that arise from Holocaust denial and distortion.

"(6) Currently, 12 States (California, Connecticut, Florida, Illinois, Indiana, Kentucky, Michigan, New Jersey, New York, Oregon, Pennsylvania, and Rhode Island) require by law that schools teach students about the Holocaust; more schools and teachers, including those in underserved communities, can and should deliver quality Holocaust education.

"(7) For more than 30 years, the United States Holocaust Memorial Museum has worked to build and support the field of Holocaust education, and advance the quality and sustainability of Holocaust education at the local, State, and national levels, by engaging teachers and students across disciplines and grade levels.

"(8) The Federal Government, through support for educational activities of national museums established under Federal law, can assist teachers in efforts to incorporate historically accurate instruction on human rights atrocities, including the Holocaust, in curricula.

"SEC. 3. DEFINITIONS.

"In this Act:

"(1) Antisemitism.—The term 'antisemitism' means a certain perception of Jews, which may be expressed as hatred toward Jews. Rhetorical and physical manifestations of antisemitism are directed toward Jewish or non-Jewish individuals or their property, toward Jewish community institutions and religious facilities.

"(2) Director.—The term 'Director' means the Director of the United States Holocaust Memorial Museum.

"(3) Eligible program participant.—The term 'eligible program participant' means—

"(A) a high school teacher, a teacher of one of the middle grades, or a school leader of a high school or a school that includes one of the middle grades (as such terms are defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801));

"(B) an educational leader or expert who is not employed by a local educational agency (as defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)) or an elementary school or secondary school (as such terms are so defined) that is independent of any local educational agency; or

"(C) a prospective teacher enrolled in a program of postsecondary education coursework or preservice clinical education.

"(4) Holocaust.—The term 'the Holocaust' means the systematic, bureaucratic, state-sponsored persecution and murder of 6,000,000 Jews by the Nazi regime and its allies and collaborators. During the era of the Holocaust, German authorities also targeted other groups because of their perceived 'racial inferiority', such as Roma, the disabled, and Slavs. Other groups were persecuted on political, ideological, and behavioral grounds, among them Communists, Socialists, Jehovah's Witnesses, and homosexuals.

"(5) Holocaust denial and distortion.—The term 'Holocaust denial and distortion' means discourse and propaganda that deny the historical reality and the extent of the extermination of the Jews by the Nazis and their accomplices during World War II, known as the Holocaust. Holocaust denial refers specifically to any attempt to claim that the Holocaust did not take place. Holocaust distortion refers to efforts to excuse or minimize the events of the Holocaust or its principal elements, including collaborators and allies of Nazi Germany, to blame the Jews for causing their own genocide, or to portray the Holocaust as a positive historical event.

"(6) Holocaust education center.—The term 'Holocaust education center' means an institution that furthers the teaching and learning about the Holocaust by offering programs for students and training for teachers and other types of professional leadership audiences.

"(7) Holocaust education program.—The term 'Holocaust education program' means a program that has as its specific and primary purpose to improve awareness and understanding of the Holocaust and educate individuals on the lessons of the Holocaust as a means to raise awareness about the importance of preventing genocide, hate, and bigotry against any group of people.

"SEC. 4. PROGRAM AUTHORIZED.

"(a) Authorization of Appropriations.—There are authorized to be appropriated to carry out this Act $2,000,000 for fiscal year 2021 and each succeeding fiscal year through fiscal year 2030.

"(b) Donations, Gifts, Bequests, and Devises of Property.—In accordance with chapter 23 of title 36, United States Code, and in furtherance of the purposes of this Act, the Director is authorized to solicit, accept, hold, administer, invest, and use donated funds and gifts, bequests, and devises of property, both real and personal.

"(c) Use of Funds.—The Director, using funds appropriated under subsection (a) and resources received under subsection (b), and including through the engagement of eligible program participants as appropriate—

"(1) shall develop and nationally disseminate accurate, relevant, and accessible resources to promote understanding about how and why the Holocaust happened, which shall include digital resources and may include other types of resources, such as print resources and traveling exhibitions; and

"(2) may carry out one or more of the following Holocaust education program activities:

"(A) Development, dissemination, and implementation of principles of sound pedagogy for teaching about the Holocaust.

"(B) Provision of professional development for eligible program participants, such as through—

"(i) local, regional, and national workshops;

"(ii) teacher trainings in conjunction with Holocaust education centers and other appropriate partners;

"(iii) engagement with—

     "(I) local educational agencies (as defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 21 7801) [probably means 20 U.S.C. 7801]); and

     "(II) high schools and schools that include one of the middle grades (as so defined) that are independent of any local educational agency; and

"(iv) operation and expansion of a teacher fellowship program to cultivate and support leaders in Holocaust education.

"(C) Engagement with State and local education leaders to encourage the adoption of resources supported under this Act into curricula across diverse disciplines.

"(D) Evaluation and research to assess the effectiveness and impact of Holocaust education programs, which may include completion of the report required under section 8.

"(d) Applications.—The Director may seek the engagement of an eligible program participant under subsection (c) by requiring submission of an application to the Director at such time, in such manner, and based on such competitive criteria as the Director may require.

"SEC. 5. ONLINE HOLOCAUST EDUCATION RESOURCES.

"(a) Website.—The Director shall maintain on the website of the United States Holocaust Memorial Museum a special section designated for Holocaust education resources to improve awareness and understanding of the Holocaust and educate individuals on the lessons of the Holocaust as a means to raise awareness about the importance of preventing genocide, hate, and bigotry against any group of people. The website and resources shall be made publically available.

"(b) Information Distribution.—The Director shall distribute information about the activities funded under this Act through the website of the United States Holocaust Memorial Museum, and shall respond to inquiries for supplementary information concerning such activities.

"(c) Best Practices.—The information distributed by the Director shall include best practices for educators.

"SEC. 6. UNITED STATES HOLOCAUST MEMORIAL COUNCIL.

"The United States Holocaust Memorial Council established under section 2302 of title 36, United States Code, shall have governance responsibility for the programs and activities carried out under this Act in accordance with chapter 23 of title 36, United States Code.

"SEC. 7. ENGAGEMENT OF ELIGIBLE PROGRAM PARTICIPANTS.

"(a) In General.—An eligible program participant shall be engaged at the discretion of the Director to participate in Holocaust education program activities authorized under this Act and approved by the Director pursuant to an application described in section 4(d).

"(b) Engagement Period.—Engagement of eligible program participants under this Act shall be for a period determined by the Director.

"(c) Priority.—In engaging eligible program participants under section 4, the Director shall give priority to applications from such participants who work for or with a local educational agency, or a school that is independent of any local educational agency, that does not, at the time application is made, offer any Holocaust education programming.

"SEC. 8. ANNUAL REPORT.

"Not later than February 1 of each year, the Director shall submit to the Congress a report describing the activities carried out under this Act."

Transfer of Auditors West Building (Annex 3); Responsibility for Repairs and Alterations

Pub. L. 101–45, title II, June 30, 1989, 103 Stat. 125, provided that:

"Notwithstanding any other provision of law, the Administrator of General Services (Administrator) shall transfer to the administrative jurisdiction of the Holocaust Memorial Council (Council), without consideration, the Auditors West Building (Annex 3) located at Raoul Wallenberg Place and Independence Avenue Southwest, Washington, District of Columbia.

"Prior to such transfer of jurisdiction to the Council, the Council shall agree to perform all necessary repairs and alterations to the Auditors West Building so as to renovate the exterior of the Auditors West Building in a manner consistent with preservation of the historic architecture of the building, and to preserve the structural integrity of the building. The Council, prior to such transfer, shall furnish to the Administrator, for his approval, a plan detailing the repairs and alterations proposed, dates for completion of the work, and funding availability.

"In the event the Council ceases to exist, administrative jurisdiction of the Auditors West Building (Annex 3) shall revert to the General Services Administration."
36 U.S.C. § 70706 (2024) — Title 36: PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS / Chapter 707 / Section 70706: Property exempt from taxation
Property exempt from taxation
Status: in_force

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.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1355.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

70706
36:4407.
June 6, 1900, ch. 806, §7, 31 Stat. 663.

This section is substituted for the source provision to eliminate unnecessary words.
36 U.S.C. § 30705 (2024) — Title 36: PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS / Chapter 307 / Section 30705: Powers
Powers
Status: in_force

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.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1323.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

30705
36:504.
July 19, 1954, ch. 536, §4, 68 Stat. 490.

In clause (1), the word "amend" is substituted for "alter" for consistency in the revised title. The words "not inconsistent with the laws of the United States or any State in which the corporation is to operate" are omitted as unnecessary.

In clause (2), the word "use" is omitted as unnecessary.

In clause (4), the words "make contracts" are substituted for "contract and be contracted with" to eliminate unnecessary words.

Clause (5) is substituted for "take and hold by lease, gift, purchase, grant, devise, or bequest any property, real or personal, necessary for attaining the objects of accomplishing the purposes of the corporation" and "transfer and convey real or personal property" for consistency in the revised title and to eliminate unnecessary words. The words "subject to applicable provisions of law of any State (A) governing the amount or kind of real and personal property which may be held by, or (B) otherwise limiting or controlling the ownership of real and personal property by, a corporation operating in such State" are omitted as unnecessary.

In clause (6), the words "for the purposes of the corporation" are omitted as unnecessary. The words "issue instruments of indebtedness and secure its obligations by granting security interests in its property" are substituted for "issue bonds therefor, and secure the same by mortgage" for consistency in the revised title. The words "subject to all applicable provisions of Federal or State law" are omitted as unnecessary.

In clause (9), the words "complain and defend in any court of competent jurisdiction" are omitted as unnecessary.

In clause (10), the words "any other act" are substituted for "any and all acts and things" for consistency in the revised title.
36 U.S.C. § 190104 (2024) — Title 36: PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS / Chapter 1901 / Section 190104: Governing body
Governing body
Status: in_force

(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 president elect, the last past president, 3 vice presidents, 3 junior vice presidents, a minimum of 3 national executive committee members, and the executive director. Each of these individuals, except the president elect and the executive director, has one vote on each matter decided by the committee.

(c) Officers.—(1) The officers of the corporation are a president, a president elect, 3 vice presidents, 3 junior vice presidents, a minimum of 3 national executive committee members, an executive director, a national treasurer, a judge advocate, and other officers specified in the constitution of the corporation.

(2) The national officers of the corporation shall be elected and take office at the annual national convention, except for the executive director, the national treasurer, the judge advocate, and any other national officers specified in the constitution of the corporation, 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, president elect, 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.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1447; Pub. L. 111–113, §2(a)–(c), Dec. 14, 2009, 123 Stat. 3026.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

190104(a)
36:227(b) (1st sentence 12th–14th words), (c).
June 30, 1950, ch. 431, §§6, 7(a)–(d), 64 Stat. 313.

190104(b)
36:227(a), (d).
 

190104(c)(1)
36:226.
 

190104(c)(2)
36:227(b) (1st sentence 1st–14th words, 32d–last words).
 

190104(c)(3)
36:227(b) (1st sentence 15th–31st words).
 

190104(d)(1)
36:227(b) (2d, 3d sentences).
 

190104(d)(2)
36:227(b) (last sentence).
 

In subsection (a), the first sentence is added for clarity and is implied by 36:227(b) (12th–14th words).

In subsection (b), the text of 36:227(d) is omitted as obsolete.

In subsection (c)(3), the word "duly" is omitted as unnecessary.

In subsection (d)(1), the words "In the event of the death, inability to serve, or resignation" are omitted as unnecessary.

In subsection (d)(2), the words "If the president is absent or the office of president is vacant" are substituted for "in the event of his death, inability to serve, resignation, or absence", and the words "act as president" are substituted for "assume the duties and have the powers of the president", to eliminate unnecessary words.

Editorial Notes

Amendments

2009—Subsec. (b)(2). Pub. L. 111–113, §2(a), inserted "the president elect," after "the president," and "a minimum of" before "3 national executive committee members," and substituted "except the president elect and the executive director," for "except the executive director,".

Subsec. (c)(1). Pub. L. 111–113, §2(b)(1), inserted "a president elect," after "a president," and "a minimum of" before "3 national executive committee members,", struck out "a surgeon, a chaplain, a historian, a public relations officer," after "a judge advocate,", and substituted "specified in the constitution of the corporation" for "as decided at the national convention".

Subsec. (c)(2). Pub. L. 111–113, §2(b)(2), inserted "and take office" after "be elected" and substituted "the judge advocate, and any other national officers specified in the constitution of the corporation," for "and the national public relations officer,".

Subsec. (d)(1). Pub. L. 111–113, §2(c), substituted "president, president elect, and last past president," for "president and last past president,".
36 U.S.C. § 220507 (2024) — Title 36: PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS / Chapter 2205 / Subchapter I / Section 220507: Restrictions
Restrictions
Status: in_force

(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.

(c) Policy With Respect to Assisting Members or Former Members in Obtaining Jobs.—The corporation shall develop 1 or more policies that prohibit any individual who is an employee, contractor, or agent of the corporation from assisting a member or former member in obtaining a new job (except the routine transmission of administrative and personnel files) if the individual knows that such member or former member violated the policies or procedures of the Center related to sexual misconduct or was convicted of a crime involving sexual misconduct with a minor in violation of applicable law.

(d) Policy Regarding Terms and Conditions of Employment.—The corporation shall establish a policy—

(1) not to disperse bonus or severance pay to any individual named as a subject of an ethics investigation by the ethics committee of the corporation, until such individual is cleared of wrongdoing by such investigation; and

(2) that provides that—

(A) if the ethics committee determines that an individual has violated the policies of the corporation—

(i) the individual is no longer entitled to bonus or severance pay previously withheld; and

(ii) the compensation committee of the corporation may reduce or cancel the withheld bonus or severance pay; and

(B) in the case of an individual who is the subject of a criminal investigation, the ethics committee shall investigate the individual.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1470; Pub. L. 116–189, §6(d)(1), (2)(A), Oct. 30, 2020, 134 Stat. 949.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

220507(a)
36:378.
Sept. 21, 1950, ch. 975, title I, §§107, 108, as added Nov. 8, 1978, Pub. L. 95–606, §1(b), 92 Stat. 3048.

220507(b)
36:377.
 

In subsection (a), the words "may not" are substituted for "shall have no power to" for consistency in the revised title. The words "capital", "pecuniary", and "or gain" are omitted as unnecessary.

In subsection (b), the words "as an organization" are omitted as unnecessary.

Editorial Notes

Amendments

2020—Subsec. (c). Pub. L. 116–189, §6(d)(1), added subsec. (c).

Subsec. (d). Pub. L. 116–189, §6(d)(2)(A), added subsec. (d).

Statutory Notes and Related Subsidiaries

Applicability

Pub. L. 116–189, §6(d)(2)(B), Oct. 30, 2020, 134 Stat. 950, provided that: "The amendment made by subparagraph (A) [amending this section] shall not apply to any term of employment for the disbursement of bonus or severance pay that is in effect as of the day before the date of the enactment of this Act [Oct. 30, 2020]."
36 U.S.C. § 21906 (2024) — Title 36: PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS / Chapter 219 / Section 21906: Headquarters and meetings
Headquarters and meetings
Status: in_force

The corporation may have its headquarters and hold its meetings at places the corporation decides are best.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1299.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

21906
36:3306.
July 5, 1935, ch. 373, §6, 49 Stat. 458.

The word "may" is substituted for "be, and is hereby, authorized to" to eliminate unnecessary words. The words "within or without the District of Columbia" and "from time to time" are omitted as unnecessary.
36 U.S.C. § 2111 (2024) — Title 36: PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS / Chapter 21 / Section 2111: Presidential duties and powers
Presidential duties and powers
Status: in_force

(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.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1276.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

2111(a)
36:127.
Mar. 4, 1923, ch. 283, §6, 42 Stat. 1509; June 26, 1946, ch. 502, 60 Stat. 317.

2111(b)
36:132.
Mar. 4, 1923, ch. 283, §10, 42 Stat. 1509; June 26, 1946, ch. 502, 60 Stat. 317; July 25, 1956, ch. 721, §§2(c), (d), 4(b), 70 Stat. 640, 641.

In subsection (b)(1), the words "duties and powers" are substituted for "functions" for consistency in the revised title and with other titles of the United States Code.

Editorial Notes

References in Text

Executive Order 6614, referred to in subsec. (b)(1)(A), is not classified to the Code.

Executive Order 10057, referred to in subsec. (b)(1)(A), is set out below.

Executive Documents

Ex. Ord. No. 9873. Administration of the Mexico City National Cemetery

Ex. Ord. No. 9873, July 16, 1947, 12 F.R. 4777, provided:

By virtue of the authority vested in me by section 12 of the act of March 4, 1923, as amended by the act of June 26, 1946, 60 Stat. 318 [now subsec. (b) of this section], and as President of the United States, it is hereby ordered as follows:

1. All functions of administration pertaining to the Mexico City National Cemetery, located in Mexico City, Calazada, Molchor, Ocampo 31, Mexico, DF, now vested in or exercised by the War Department, together with the field civilian personnel, records, supplies, equipment, and property of every kind pertaining thereto, are hereby transferred from the War Department to the American Battle Monuments Commission.

2. The unexpended balances of appropriations or allotments of appropriations which are now, or may become, available to the War Department for the performance of the functions transferred by this order shall be transferred to the American Battle Monuments Commission to such extent as the Director of the Bureau of the Budget may deem necessary.

Ex. Ord. No. 10057. Transfer of Certain Functions Pertaining to United States Military Cemeteries

Ex. Ord. No. 10057, May 14, 1949, 14 F.R. 2585, as amended by Ex. Ord. No. 10087, Dec. 3, 1949, 14 F.R. 7287, provided:

By virtue of the authority vested in me by section 12 of the act of March 4, 1923, 42 Stat. 1509, as amended by the act of June 26, 1946, 60 Stat. 318 [now subsec. (b) of this section], and as President of the United States, it is hereby ordered as follows:

1. All functions of administration pertaining to World War II United States Military Cemeteries located in or near Cambridge, England; Margraten, the Netherlands; Hamm, Luxembourg; Henri-Chapelle, Belgium; Neuvilleen-Condroz, Belgium; St. Laurent, France; St. James, France; Epinal, France; St. Avold, France; Draguignan, France; Nettuno (Anzio), Italy; Florence, Italy; Tunis (Carthage), Tunisia; and Ft. McKinley, Philippine Islands, now vested in or exercised by the Secretary of the Army pursuant to the act of May 16, 1946, c. 261, 60 Stat. 182, as amended by the act of August 5, 1947, c. 497, 61 Stat. 779, together with (a) such supplies, equipment, temporary structures, utilities and facilities pertaining thereto as are located therein or are in depots or other places overseas under the jurisdiction of the American Graves Registration Service and are determined by the American Battle Monuments Commission to be required for the discharge of its responsibilities under this order, and (b) the cemetery records currently maintained for the operation of such cemeteries, including records pertinent to the acquisition of real estate upon which the cemeteries and their appurtenances are situated, are hereby transferred to the American Battle Monuments Commission; such transfer to become effective as to any particular cemetery or group of cemeteries upon the completion of the operational mission of the Department of the Army with respect to such cemetery or group of cemeteries, but in no instance later than December 31, 1951, or at such earlier date as may be determined by the President or the Congress pursuant to the said act of May 16, 1946, as amended by the act of August 5, 1947.

2. The Department of the Army shall have the right to re-enter any of such cemeteries subsequent to the effective date of the transfer of functions with respect thereto for the purpose of making exhumations or reinterments should any such action become necessary.

3. There shall be transferred to the American Battle Monuments Commission so much of the unexpended balances of appropriations now, or which may become, available to the Department of the Army for the performance of the functions transferred by the provisions of this order as the Director of the Bureau of the Budget may deem necessary for use prior to July 1, 1950, in connection with such functions.

Ex. Ord. No. 12115. Permanent American Cemetery in Republic of Panama

Ex. Ord. No. 12115, Jan. 19, 1979, 44 F.R. 4645, provided:

By the authority vested in me as President by the Constitution and the laws of the United States of America, including Section 10 of the Act of March 4, 1923 (42 Stat. 1509), as amended (36 U.S.C. 132) [now subsec. (b) of this section], and to implement the intent of the United States Senate (124 Cong. Rec. S3857 of March 16, 1978) [Cong. Rec., vol. 124, pt. 6, p. 7187, Mar. 16, 1978] as set forth by Reservations (1) and (3) to the Resolution of Ratification of the Treaty Concerning the Permanent Neutrality and Operation of the Panama Canal, it is hereby ordered as follows:

1–101. The Secretary of State shall take all appropriate steps to complete, prior to the date of entry into force of the Treaty Concerning the Permanent Neutrality and Operation of the Panama Canal, hereinafter referred to as the Neutrality Treaty, the negotiations which have begun with the Republic of Panama for an agreement under which the United States of America would, upon the date of entry into force of such agreement and thereafter, administer as a permanent American cemetery such part of Corozal Cemetery as encompasses the remains of citizens of the United States of America.

1–102. Subject to the conclusion of the agreement referred to in Section 1–101 of this Order, the American Battle Monuments Commission shall administer that part of Corozal Cemetery which encompasses the remains of citizens of the United States of America, in accordance with the terms of the agreement with the Republic of Panama.

1–103. The Governor of the Canal Zone shall, to the extent funds are available, disinter from Mount Hope Cemetery, before entry into force of the Neutrality Treaty, and reinter in Corozal Cemetery the remains of United States citizens, and the remains of members of their immediate family that are buried with them. The Governor shall not remove from Mount Hope Cemetery the remains of any such person whose next of kin timely requests in writing that such remains not be disinterred. The Governor shall transport to the United States for reinterment the remains of any such person whose next of kin timely requests in writing that such remains be transported to the United States for reinterment.

1–104. The Secretary of Defense shall, to the extent funds are available, disinter from Corozal Cemetery and transport to the United States for reinterment the remains of United States citizens, and the remains of members of their immediate family buried with them, whose next of kin requests in writing by April 1, 1982, that such remains be transported to the United States for reinterment.

1–105. Subject to the availability of funds, all the costs incurred in the disinterment, reinterment in Corozal Cemetery, and transportation of remains required by this Order, including the costs of preparation, cremation if requested, and a casket or urn, shall be borne by the United States of America. The costs of reinterment in the United States, including any costs for funeral home services, vaults, plots, or crypts, will be the responsibility of the next of kin making the request, except to the extent otherwise provided by law, including any unused specific entitlements available pursuant to statute.

1–106. (a) The Governor of the Canal Zone shall identify, to the extent feasible, the closest surviving next of kin of each deceased United States citizen buried in the Mount Hope and Corozal Cemeteries, and of such next of kin of each member of the immediate family that is buried with such United States citizen.

(b) The Governor shall provide notice to the next of kin of such deceased buried in Mount Hope Cemetery that the Government plans to remove the deceased to Corozal Cemetery unless the next of kin requests in writing, not later than three months after the first issuance of such notification, either that the remains not be removed from Mount Hope Cemetery, or that the remains be moved to, and reinterred in, the United States in a cemetery or other burial site designated by the next of kin.

(c) The Governor shall also provide notice to the next of kin of such deceased who are buried in Corozal Cemetery that the Government will disinter and transport such deceased to the United States for reinterment in a cemetery or other burial site designated by the next of kin, if the next of kin so requests in writing not later than April 1, 1982.

(d) The Governor shall publish the notices provided for in subsections (b) and (c) of this Section in appropriate newspapers, magazines and other periodicals, and utilize such other means of communicating with the next of kin that he finds to be practical and effective.

1–107. The Governor of the Canal Zone shall, before the entry into force of the Neutrality Treaty, fully advise the next of kin of all available options, and their implications, in those cases where a request has been made that remains not be removed from Mount Hope Cemetery.

1–108. The Secretary of the Army shall supervise the planned removal of the remains from Mount Hope Cemetery to Corozal Cemetery and shall ensure compliance with the wishes of any next of kin who, within the time specified in clause B(i) to the Third Reservation to the Neutrality Treaty, objects to such removal.

1–109. As used in this Order:

(a) "Next of kin" means the person whom the Governor of the Canal Zone determines to be the nearest living relative, by consanguinity or affinity, of a person buried at Mount Hope Cemetery or Corozal Cemetery.

(b) "Members of their immediate family" means the spouse, children, mother or father of the deceased United States citizen.

Jimmy Carter.
36 U.S.C. § 151106 (2024) — Title 36: PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS / Chapter 1511 / Section 151106: Tax exemption
Tax exemption
Status: in_force

(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.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1398.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

151106(a), (b)
36:5304 (words before last proviso).
June 30, 1906, ch. 3929, §4, 34 Stat. 805.

151106(c)
36:5304 (last proviso).
 

In subsections (a) and (b), the words "the purposes provided in section 151102 of this title" are substituted for "the educational or other purposes of the corporation as aforesaid" and "educational purposes aforesaid" for clarity. The words "Provided, however, That this exemption shall not apply to any property of the corporation which shall not be used for or the income of which shall not be applied to the educational purposes of the corporation" are omitted as unnecessary.

In subsection (b), the words "and funds" are omitted as included in "personal property". The words "held" and "invested" are omitted as included in "used . . . to produce income".

In subsection (c), the words "Secretary of Education" are substituted for "Commissioner of Education of the United States" because all functions of the Commissioner of Education have been transferred to the Secretary of Education as provided in 20:3441(a).

Statutory Notes and Related Subsidiaries

Taxation of Real Property of NEA in District of Columbia

Pub. L. 105–277, div. A, §101(c) [§147], Oct. 21, 1998, 112 Stat. 2681–121, 2681–145, provided that: "Notwithstanding any provision of any Federally-granted charter or any other provision of law, beginning with fiscal year 1999 and for each fiscal year hereafter, the real property of the National Education Association located in the District of Columbia shall be subject to taxation by the District of Columbia in the same manner as any similar organization."
36 U.S.C. § 40725 (2024) — Title 36: PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS / Chapter 407 / Subchapter II / Section 40725: National Matches and small-arms firing school
National Matches and small-arms firing school
Status: in_force

(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.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1338.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

40725
10:4312.
 

In subsection (a), the provision for the National Matches to be held as prescribed by "the Secretary of the Army" is retained notwithstanding section 1612(d) of The National Defense Authorization Act for Fiscal Year 1996 (Public Law 104–106, 110 Stat. 517) which transferred the Civilian Marksmanship Program, including the National Matches, from the Secretary of the Army to the corporation. The conforming amendments in section 1624 of the Act (110 Stat. 522) did not repeal the authority of the Secretary of the Army to prescribe National Matches under 10:4312 or to prescribe subsistence and travel allowances for competitors under 10:4313.
36 U.S.C. § 10101 (2024) — Title 36: PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS / Chapter 101 / Section 10101: Audits
Audits
Status: in_force

(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.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1283.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

10101(a)
36:1084 (less (b) (2d sentence cl. (2))).
July 16, 1964, Pub. L. 88–378, §14 (less (b) (2d sentence cl. (2))), 78 Stat. 327.

 
36:1101(1)–(76), (77) (related to Fleet Reserve Association).
Aug. 30, 1964, Pub. L. 88–504, §1(1)–(76), (77) (related to Fleet Reserve Association), 78 Stat. 635; Dec. 15, 1975, Pub. L. 94–151, §2, 89 Stat. 809; Nov. 11, 1977, Pub. L. 95–167, §2, 91 Stat. 1348; Dec. 29, 1979, Pub. L. 96–165, §9(g), 93 Stat. 1272; Dec. 2, 1980, Pub. L. 96–489, §11, 94 Stat. 2554; Dec. 4, 1980, Pub. L. 96–497, §11, 94 Stat. 2596; Nov. 20, 1981, Pub. L. 97–82, §11, 95 Stat. 1093; Nov. 20, 1981, Pub. L. 97–83, §11, 95 Stat. 1095; June 1, 1982, Pub. L. 97–192, §11, 96 Stat. 110; Aug. 9, 1982, Pub. L. 97–231, §11, 96 Stat. 257; Aug. 10, 1982, Pub. L. 97–234, §11, 96 Stat. 263; Jan. 8, 1983, Pub. L. 97–427, §11, 96 Stat. 2266; Apr. 10, 1984, Pub. L. 98–257, §11, 98 Stat. 128; June 12, 1984, Pub. L. 98–314, §11, 98 Stat. 239; July 23, 1984, Pub. L. 98–372, §11, 98 Stat. 1240; Aug. 17, 1984, Pub. L. 98–382, §11, 98 Stat. 1345; Aug. 21, 1984, Pub. L. 98–391, §11, 98 Stat. 1360; Oct. 19, 1984, Pub. L. 98–520, §11, 98 Stat. 2429; Oct. 30, 1984, Pub. L. 98–561, §12, 98 Stat. 2912; Oct. 30, 1984, Pub. L. 98–565, §11, 98 Stat. 2921; Oct. 30, 1984, Pub. L. 98–584, §11, 98 Stat. 3098; Oct. 7, 1985, Pub. L. 99–119, §11, 99 Stat. 500; Dec. 9, 1985, Pub. L. 99–172, §11, 99 Stat. 1022; May 23, 1986, Pub. L. 99–318, §12, 100 Stat. 476; Nov. 6, 1986, Pub. L. 99–604, §11, 100 Stat. 3448; Apr. 6, 1988, Pub. L. 100–281, §12, 102 Stat. 75; Nov. 14, 1988, Pub. L. 100–655, title I, §111, 102 Stat. 3851; Nov. 5, 1990, Pub. L. 101–510, title XVI, §1611, 104 Stat. 1738; Dec. 10, 1991, Pub. L. 102–199, §2, 105 Stat. 1629; Oct. 23, 1992, Pub. L. 102–484, title XVIII, §§1812, 1832, 106 Stat. 2583, 2585; Sept. 23, 1996, Pub. L. 104–201, title XVIII, §1811, 110 Stat. 2762.

 
36:1102.
Aug. 30, 1964, Pub. L. 88–504, §§2, 3, 78 Stat. 636.

 
36:1166.
Aug. 11, 1971, Pub. L. 92–93, §16, 85 Stat. 319.

 
36:1213(a).
Oct. 20, 1978, Pub. L. 95–493, §13(a), 92 Stat. 1646.

 
36:4315 (less (b) (2d sentence cl. (2))).
July 14, 1964, Pub. L. 88–372, §15 (less (b) (2d sentence cl. (2))), 78 Stat. 317.

 
36:4514 (less (b) (2d sentence cl. (2))).
July 14, 1964, Pub. L. 88–376, §14 (less (b) (2d sentence cl. (2))), 78 Stat. 323.

 
36:4610 (less (b) (2d sentence cl. (2))).
Aug. 19, 1964, Pub. L. 88–449, §10 (less (b) (2d sentence cl. (2))), 78 Stat. 498.

 
36:5206(a).
Oct. 26, 1992, Pub. L. 102–522, §207(a), 106 Stat. 3420.

 
36:5706(a).
Oct. 11, 1996, Pub. L. 104–285, title II, §207(a), 110 Stat. 3385.

10101(b)
36:1103.
 

In this section, the text of 36:1101 is omitted as unnecessary because of the addition of the words "Except as otherwise provided" in subsection (a) of this section. The text of 36:1166, 1213(a), and 5206(a) is omitted as unnecessary because of the restatement of 36:1102 and 1103 as general provisions covering, except as otherwise provided, all federally chartered corporations referred to in part B of subtitle II of the revised title. The text of 36:1084 (less (b) (2d sentence cl. (2))), 4315 (less (b) (2d sentence cl. (2))), 4514 (less (b) (2d sentence cl. (2))), and 4610 (less (b) (2d sentence cl. (2))) is omitted as unnecessary because of the restatement in this section of the general audit provisions of 36:1102 and 1103.

In subsection (a), before clause (1), the words "Except as otherwise provided" are added because certain corporations referred to in part B of subtitle II of the revised title are not covered by the audit requirements restated in the revised section. The words "at the place or places" and "or persons" are omitted as unnecessary. The words "financial statements" are substituted for "accounts" to use the generally accepted term for audits conducted by public accountants. The words "shall be given access to" are substituted for "shall be made available to" and "shall be afforded to" for consistency. In clause (1), the words "records and property owned or used by" are substituted for "books, accounts, financial records, reports, files, and all other papers, things, or property belonging to or in use by" for consistency in the revised title and with other titles of the United States Code and to eliminate unnecessary words.

In subsection (b)(1)(B), the words "supplemented . . . by" and "carried on by the corporation" are omitted as unnecessary.

Statutory Notes and Related Subsidiaries

Termination of Reporting Requirements

With respect to corporations listed below, for termination, effective May 15, 2000, of reporting provisions in subsec. (b)(1) of this section, see section 3003 of Pub. L. 104–66, set out as a note under section 1113 of Title 31, Money and Finance, and pages 196 through 208 of House Document No. 103–7.

Agricultural Hall of Fame

American Chemical Society

American Council of Learned Societies

American Ex-Prisoners of War

American Gold Star Mothers, Incorporated

American Historical Association

The American Legion

The American National Theater and Academy

The American Society of International Law

American Symphony Orchestra League

American War Mothers

AMVETS (American Veterans)

Army and Navy Union of the United States of America

Aviation Hall of Fame

Big Brothers-Big Sisters of America

Blinded Veterans Association

Blue Star Mothers of America, Inc.

Board For Fundamental Education

Boy Scouts of America

Boys & Girls Clubs of America

Catholic War Veterans of the United States of America, Incorporated

Civil Air Patrol

Congressional Medal of Honor Society of the United States of America

Daughters of Union Veterans of the Civil War 1861–1865

Disabled American Veterans

Former Members of Congress

The Foundation of the Federal Bar Association

Future Farmers of America

General Federation of Women's Clubs

Girl Scouts of the United States of America

Gold Star Wives of America

Italian American War Veterans of the United States

Jewish War Veterans of the United States of America, Incorporated

Jewish War Veterans, U.S.A., National Memorial, Incorporated

Ladies of the Grand Army of the Republic

Legion of Valor of the United States of America, Incorporated

Little League Baseball, Incorporated

Marine Corps League

The Military Chaplains Association of the United States of America

Military Order of the Purple Heart of the United States of America, Incorporated

National Academy of Public Administration

National Academy of Sciences

National Conference of State Societies, Washington, District of Columbia

National Conference on Citizenship

National Council on Radiation Protection and Measurements

National Federation of Music Clubs

National Fund for Medical Education

National Mining Hall of Fame and Museum

National Music Council

National Safety Council

National Ski Patrol System, Incorporated

National Society, Daughters of the American Colonists

The National Society of the Daughters of the American Revolution

National Society of the Sons of the American Revolution

National Tropical Botanical Garden

National Woman's Relief Corps, Auxiliary to the Grand Army of the Republic

The National Yoemen F

Naval Sea Cadet Corps

Navy Club of the United States of America

Navy Wives Clubs of America

Non Commissioned Officers Association of the United States of America, Incorporated

Paralyzed Veterans of America

Pearl Harbor Survivors Association

Polish Legion of American Veterans, U.S.A.

Reserve Officers Association of the United States

Sons of Union Veterans of the Civil War

369th Veterans' Association

United Service Organizations, Incorporated

United States Capitol Historical Society

United States Submarine Veterans of World War II

Veterans of Foreign Wars of the United States

Veterans of World War I of the United States of America, Incorporated

Vietnam Veterans of America, Inc.

Women's Army Corps Veterans' Association
36 U.S.C. § 140403 (2024) — Title 36: PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS / Chapter 1404 / Section 140403: Membership
Membership
Status: in_force

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

(Added Pub. L. 111–95, §1(a), Nov. 6, 2009, 123 Stat. 3002.)
36 U.S.C. § 140712 (2024) — Title 36: PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS / Chapter 1407 / Section 140712: Annual report
Annual report
Status: in_force

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

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1386.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

140712
36:5012.
Oct. 23, 1992, Pub. L. 102–484, title XVIII, §1813, 106 Stat. 2583.
36 U.S.C. § 130110 (2024) — Title 36: PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS / Chapter 1301 / Section 130110: Service of process
Service of process
Status: in_force

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.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1373.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

130110
36:78g(b).
June 17, 1959, Pub. L. 86–47, §8(b), 73 Stat. 78.

The words "at all times" are omitted as unnecessary. The words "to receive" are substituted for "authorized to accept" for consistency in the revised title.
36 U.S.C. § 152913 (2024) — Title 36: PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS / Chapter 1529 / Section 152913: Annual report
Annual report
Status: in_force

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

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1422.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

152913
36:2912.
Oct. 30, 1984, Pub. L. 98–561, §13, 98 Stat. 2912.

Statutory Notes and Related Subsidiaries

Termination of Reporting Requirements

For termination, effective May 15, 2000, of reporting provisions in this section, see section 3003 of Pub. L. 104–66, set out as a note under section 1113 of Title 31, Money and Finance, and page 204 of House Document No. 103–7.
36 U.S.C. § 210104 (2024) — Title 36: PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS / Chapter 2101 / Section 210104: Governing body
Governing body
Status: in_force

(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.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1456.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

210104
36:4704 (1st par., last par. less regulations for membership).
May 31, 1920, ch. 216, §4 (1st par., last par. less regulations for membership), 41 Stat. 693.

The text of 36:4704 (2d sentence) is omitted as executed and obsolete.

In subsection (b), before clause (1), the words "adopt and amend" are substituted for "adopt from time to time . . . and alter, amend, or repeal" for consistency in the revised title and to eliminate unnecessary words. The word "rules" is omitted as included in "regulations".
36 U.S.C. § 80502 (2024) — Title 36: PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS / Chapter 805 / Section 80502: Organization
Organization
Status: in_force

(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.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1363.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

80502(a)
36:1601.
Dec. 4, 1980, Pub. L. 96–497, §§1, 15 (last sentence), 94 Stat. 2595, 2597.

80502(b)
36:1614 (last sentence).
 

This section is substituted for the source provisions for consistency in the revised title and to eliminate executed and unnecessary words.
36 U.S.C. § 30303 (2024) — Title 36: PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS / Chapter 303 / Section 30303: Membership
Membership
Status: in_force

(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.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1317.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

30303
36:856.
Aug. 27, 1958, Pub. L. 85–769, §6, 72 Stat. 925.

In subsection (a), the word "individual" is substituted for "person" for clarity and consistency in the revised title and with other titles of the United States Code. The words "served in" are substituted for "was enlisted, drafted, inducted, or commissioned in" to eliminate unnecessary words. The words "from time to time" are omitted as unnecessary.

In subsection (b), the word "qualification" is omitted as included in "eligibility". The words "All persons who are members of any class of Blinded Veterans Association, Incorporated, on August 27, 1958 shall be members of such class of the corporation" are omitted as executed.
36 U.S.C. § 220105 (2024) — Title 36: PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS / Chapter 2201 / Section 220105: Powers
Powers
Status: in_force

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.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1460.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

220105
36:1303.
Dec. 29, 1979, Pub. L. 96–165, §§3, 6 (1st sentence), 93 Stat. 1269, 1271.

 
36:1306 (1st sentence).
 

In this section, the text of 36:1306 (1st sentence) is omitted as executed and obsolete.

Before clause (1), the word "objects" is omitted as included in "purposes". The word "including" is substituted for "Without limiting the generality of the foregoing, the corporation shall have the following specific powers" to eliminate unnecessary words.

In clause (1), the word "adopt" is substituted for "enact", the word "regulations" is substituted for "rules, and regulations", and the words "for the management of its property and the regulation of its affairs" are substituted for "for its internal governance and management", for consistency in the revised title. The words "not inconsistent with this chapter or other provisions of law" are omitted as unnecessary.

In clause (5), the words "as the activities of the corporation require" are substituted for "as may be necessary to carry out the corporate purposes" for consistency in the revised title.

In clause (6), the words "make contracts" are substituted for "make and enter into contracts" for consistency in the revised title and to eliminate unnecessary words.

Clause (7) is substituted for 36:1303(d) for consistency in the revised title.

In clause (8), the words "for the purposes of the corporation" are omitted as unnecessary. The words "instruments of indebtedness, and secure its obligations by granting security interests in its property" are substituted for "bonds therefor, and secure the same by mortgage" for consistency in the revised title. The words "subject in every case to all applicable provisions of Federal and State law" are omitted as unnecessary.

In clause (10), the words "State, regional, local, and overseas" are omitted as unnecessary. The words "as needed" are substituted for "in such manner and by such rules as it deems appropriate so as to enable it", and the words "to carry out the purposes stated in section 220102 of this title" are substituted for "to carry out its powers and accomplish the objects and purposes set forth in section 1302 of this title", to eliminate unnecessary words.

In clause (11), the word "raise" is omitted as included in "solicit". The words "for the accomplishment of its purposes" are omitted as unnecessary. The words "accept gifts, legacies, devises, and support in furtherance thereof" are omitted as unnecessary because the same power is granted by the words "solicit funds" (in this clause) and "acquire [and] own . . . property" (in clause (6)).

In clause (12), the words "in any court" are omitted as unnecessary.

In clause (13), the words "any other act" are substituted for "any and all acts and things" for consistency in the revised title and to eliminate unnecessary words. The words "the purposes stated in section 220102 of this title" are substituted for "the foregoing specifically enumerated purposes" for clarity and consistency in the revised section.
36 U.S.C. § 80106 (2024) — Title 36: PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS / Chapter 801 / Section 80106: Distribution of assets on dissolution
Distribution of assets on dissolution
Status: in_force

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.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1360.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

80106
36:3501(c).
Mar. 3, 1901, ch. 860, §1(c), as added Aug. 7, 1986, Pub. L. 99–376, §1(3), 100 Stat. 804.
36 U.S.C. § 20502 (2024) — Title 36: PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS / Chapter 205 / Section 20502: Purposes
Purposes
Status: in_force

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.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1287.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

20502
36:3202.
Aug. 25, 1937, ch. 762, §2, 50 Stat. 798.
36 U.S.C. § 210312 (2024) — Title 36: PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS / Chapter 2103 / Section 210312: Liability for acts of officers and agents
Liability for acts of officers and agents
Status: in_force

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

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1458.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

210312
36:3009.
Oct. 30, 1984, Pub. L. 98–565, §9, 98 Stat. 2921.
36 U.S.C. § 110108 (2024) — Title 36: PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS / Chapter 1101 / Section 110108: Duty to maintain corporate and tax-exempt status
Duty to maintain corporate and tax-exempt status
Status: in_force

(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.).

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1368.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

110108(a)
36:2701(b).
Aug. 21, 1984, Pub. L. 98–391, §§1(b), 15 (1st sentence), 98 Stat. 1358, 1361.

110108(b)
36:2714 (1st sentence).
 

In subsection (a), the words "retain and" and "organized and" are omitted as unnecessary.
36 U.S.C. § 110111 (2024) — Title 36: PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS / Chapter 1101 / Section 110111: Liability for acts of officers and agents
Liability for acts of officers and agents
Status: in_force

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

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1368.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

110111
36:2709.
Aug. 21, 1984, Pub. L. 98–391, §9, 98 Stat. 1359.