187
§ 152501. Organization
(a) FEDERAL CHARTER.—National Safety Council (in this chapter, the
‘‘corporation’’) is a federally chartered corporation.
(b) PERPETUAL EXISTENCE.—Except as otherwise provided, the corpora-
tion has perpetual existence.
§ 152502. Purposes
The purposes of the corporation are—
(1) to further, encourage, and promote methods and procedures leading
to increased safety, protection, and health among employees, employers,
and children in industries, on farms, in schools and colleges, in homes,
on streets and highways, in recreation, and in other public and private
places;
(2) to collect, correlate, publish, and disseminate educational and in-
formative reports and all other data related to safety methods and proce-
dures;
(3) to arouse and maintain the interest of the people of the United
States and its territories and possessions in safety and accident preven-
tion, and to encourage the adoption and institution of safety methods by
all individuals, corporations, and other organizations;
(4) to organize, establish, and conduct programs, lectures, conferences,
and other activities for the education of all individuals, corporations,
and other organizations in safety methods and procedures;
(5) to organize and aid in organizing local safety chapters throughout
the United States and its territories and possessions, and to provide or-
ganizational guidance and materials to promote the national safety;
(6) to cooperate with, enlist, and develop the cooperation of and among
all individuals, corporations, and other organizations and agencies, pub-
lic and private, engaged in, interested in, or in any manner connected
with, any of these purposes; and
(7) to do any lawful acts necessary, useful, suitable, desirable, and
proper for the furtherance and accomplishment of any of these purposes.
§ 152503. Membership
(a) ELIGIBILITY.—Except as provided in this chapter, eligibility for mem-
bership in the corporation and the rights and privileges of members are as
provided in the constitution and bylaws of the corporation.
(b) VOTING.—Each member (except an honorary or sustaining member) has
one vote on each matter submitted to a vote at a meeting of the members.
The corporation may provide in its constitution and bylaws for additional
voting rights based on dues paid.
188
§ 152504. Governing body
(a) BOARD OF DIRECTORS.—(1) The board of directors is the governing
body of the corporation. Between meetings of the corporation, the board is re-
sponsible for the general policies and program of the corporation. Except as
provided in subsection (c) of this section, the board is responsible for all funds
of the corporation.
(2) The board shall consist of at least 15 directors. Their manner of selec-
tion (including the filling of vacancies) and term of office are as provided
in the constitution and bylaws of the corporation.
(b) OFFICERS.—(1) The officers of the corporation are a chairman of the
board of directors, a president, 3 or more vice presidents as provided in the
constitution and bylaws, a secretary, a treasurer, and an executive vice presi-
dent. Their duties are as provided in the constitution and bylaws.
(2) Except for the executive vice president, the officers shall be elected at
the annual meeting of the corporation. The executive vice president shall be
elected by the board of directors in the manner provided in the constitution
and bylaws.
(c) TRUSTEES.—The corporation shall have at least 15 trustees. Their man-
ner of selection and term of office are as provided in the constitution and
bylaws. The trustees have full power and control over contributed funds that
they raise.
§ 152505. Powers
The corporation may—
(1) adopt and amend a constitution and bylaws for the management
of its property and the regulation of its affairs;
(2) adopt and alter a corporate seal;
(3) adopt and alter seals, emblems, and badges;
(4) choose directors, officers, trustees, managers, employees, and agents
as the activities of the corporation require;
(5) make contracts;
(6) acquire, own, lease, encumber, and transfer property as necessary
to carry out the purposes of the corporation;
(7) borrow money, issue instruments of indebtedness, and secure its ob-
ligations by granting security interests in its property;
(8) publish a magazine and other publications consistent with the pur-
poses of the corporation;
(9) charge and collect membership dues and subscription fees;
(10) receive contributions or grants of money or property to be devoted
to carrying out the purposes of the corporation;
(11) use corporate funds to give prizes, awards, or other evidences of
merit or recognition to individuals, corporations, and other organiza-
189
tions, public or private, for outstanding contributions toward the
achievement of the purposes of the corporation;
(12) organize, establish, and conduct conferences on safety and acci-
dent prevention;
(13) establish and maintain offices to conduct its activities, charter
local, State, and regional safety organizations, and establish, regulate,
and discontinue departmental subdivisions and local, State, and regional
chapters in appropriate places throughout the United States and its ter-
ritories and possessions;
(14) sue and be sued; and
(15) do any other act necessary and proper to carry out the purposes
of the corporation.
§ 152506. Exclusive right to name, seals, emblems, and
badges
The corporation and its subordinate divisions and regional, State, and
local chapters have the exclusive right to use the name ‘‘National Safety
Council’’. The corporation has the exclusive right to use and to allow others
to use seals, emblems, and badges the corporation adopts. This section does
not affect any vested rights.
§ 152507. Restrictions
(a) STOCK AND DIVIDENDS.—The corporation may not issue stock or de-
clare or pay a dividend.
(b) POLITICAL ACTIVITIES.—The corporation or a director, officer, or agent
as such may not contribute to, support, or assist a political party or can-
didate for public office.
(c) DISTRIBUTION OF INCOME OR ASSETS.—The income or assets of the
corporation may not inure to the benefit of, or be distributed to, a director,
officer, or member except on dissolution or final liquidation of the corpora-
tion. This subsection does not prevent the payment of compensation to an offi-
cer in an amount approved by the board of directors.
(d) LOANS.—The corporation may not make a loan to a director, officer,
or employee. Directors who vote for or assent to making a loan to a director,
officer, or employee, and officers who participate in making the loan, are
jointly and severally liable to the corporation for the amount of the loan until
it is repaid.
§ 152508. Principal office
The principal office of the corporation shall be in Chicago, Illinois, or an-
other place decided by the board of directors. However, the activities of the
corporation are not confined to the place where the principal office is located
but may be conducted throughout the States, territories, and possessions of the
United States.
190
§ 152509. Records and inspection
(a) RECORDS.—The corporation shall keep—
(1) correct and complete records of account;
(2) minutes of the proceedings of its members, board of directors, and
committees having any of the authority of its board of directors; and
(3) at its principal office, a record of the names and addresses of its
members entitled to vote.
(b) INSPECTION.—A member entitled to vote, or an agent or attorney of the
member, may inspect the records of the corporation for any proper purpose,
at any reasonable time.
§ 152510. Service of process
The corporation shall have a designated agent in the District of Columbia
to receive service of process for the corporation. Notice to or service on the
agent, or mailed to the business address of the agent, is notice to or service
on the corporation.
§ 152511. Liability for acts of officers and agents
The corporation is liable for the acts of its officers and agents acting within
the scope of their authority.
§ 152512. Distribution of assets on dissolution or final liq-
uidation
On dissolution or final liquidation of the corporation, any assets remaining
after the discharge of all liabilities shall be distributed as provided by the
board of directors, but in compliance with the constitution and bylaws of the
corporation.
CHAPTER 1527—NATIONAL SKI PATROL SYSTEM,
INCORPORATED
Sec.
152701.
Definition.
152702.
Organization.
152703.
Purposes.
152704.
Membership.
152705.
Governing body.
152706.
Powers.
152707.
Restrictions.
152708.
Duty to maintain tax-exempt status.
152709.
Records and inspection.
152710.
Service of process.
152711.
Liability for acts of officers and agents.
152712.
Annual report.
§ 152701. Definition
For purposes of this chapter, ‘‘State’’ includes the District of Columbia and
the territories and possessions of the United States.
191
§ 152702. Organization
(a) FEDERAL CHARTER.—National Ski Patrol System, Incorporated (in
this chapter, the ‘‘corporation’’), incorporated in New York and Colorado, is
a federally chartered corporation.
(b) EXPIRATION OF CHARTER.—If the corporation does not comply with
any provision of this chapter, the charter granted by this chapter expires.
§ 152703. Purposes
The purposes of the corporation are—
(1) to promote, in every way, patriotic, scientific, educational, and
civic improvement activities and public safety in skiing, by such means
as the dissemination of information and the formation of volunteer local
patrols consisting of competent skiers trained in first aid for the purpose
of preventing accidents and rendering speedy assistance to individuals
sustaining accidents; and
(2) to solicit contributions of money, services, and other property for,
and generally to encourage and assist in carrying out, these purposes in
every way.
§ 152704. Membership
Except as provided in this chapter, eligibility for membership in the cor-
poration and the rights and privileges of members are as provided in the by-
laws.
§ 152705. Governing body
(a) BOARD OF DIRECTORS.—The board of directors and the responsibilities
of the board are as provided in the articles of incorporation.
(b) OFFICERS.—The officers and the election of officers are as provided in
the articles of incorporation.
§ 152706. Powers
The corporation has only the powers provided in its bylaws and articles
of incorporation filed in each State in which it is incorporated.
§ 152707. Restrictions
(a) STOCK AND DIVIDENDS.—The corporation may not issue stock or de-
clare 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 of-
ficer or reimbursement for actual necessary expenses in amounts approved by
the board of directors.
192
(d) LOANS.—The corporation may not make a loan to a director, officer,
or employee.
§ 152708. Duty to maintain tax-exempt status
The corporation shall maintain its status as an organization exempt from
taxation under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.).
§ 152709. Records and inspection
(a) RECORDS.—The corporation shall keep—
(1) correct and complete records of account;
(2) minutes of the proceedings of its members, board of directors, and
committees having any of the authority of its board of directors; and
(3) at its principal office, a record of the names and addresses of its
members entitled to vote.
(b) INSPECTION.—A member entitled to vote, or an agent or attorney of the
member, may inspect the records of the corporation for any proper purpose,
at any reasonable time.
§ 152710. Service of process
The corporation shall comply with the law on service of process of each
State in which it is incorporated and each State in which it carries on activi-
ties.
§ 152711. Liability for acts of officers and agents
The corporation is liable for the acts of its officers and agents acting within
the scope of their authority.
§ 152712. Annual report
The corporation shall submit an annual report to Congress on the activities
of the corporation during the prior calendar year. The report may not be
printed as a public document.
CHAPTER 1529—NATIONAL SOCIETY, DAUGHTERS OF
THE AMERICAN COLONISTS
Sec.
152901.
Definition.
152902.
Organization.
152903.
Purposes.
152904.
Membership.
152905.
Governing body.
152906.
Powers.
152907.
Exclusive right to name, seals, emblems, and badges.
152908.
Restrictions.
152909.
Duty to maintain corporate and tax-exempt status.
152910.
Records and inspection.
152911.
Service of process.
152912.
Liability for acts of officers and agents.
152913.
Annual report.
§ 152901. Definition
For purposes of this chapter, ‘‘State’’ includes the District of Columbia and
the territories and possessions of the United States.
193
§ 152902. Organization
(a) FEDERAL CHARTER.—National Society, Daughters of the American
Colonists (in this chapter, the ‘‘corporation’’), incorporated in the District of
Columbia, is a federally chartered corporation.
(b) EXPIRATION OF CHARTER.—If the corporation does not comply with
any provision of this chapter, the charter granted by this chapter expires.
§ 152903. Purposes
The purposes of the corporation are as provided in the articles of incorpo-
ration and include a continuing commitment, on a national basis—
(1) to conduct, record, and publish the results of research on the his-
tory and deeds of the American colonists;
(2) to publish the memoirs of American colonists;
(3) to erect memorials to commemorate the history and deeds of the
American colonists;
(4) to promote respect and admiration for the institutions, laws, and
flag of the United States;
(5) to engage in mutual improvement and educational activities;
(6) to establish scholarships to assist needy and deserving students and
to promote the improvement of educational institutions;
(7) to engage in volunteer service and make contributions to veterans
hospitals; and
(8) to perform other charitable activities, including the national presi-
dents’ projects, as may be provided in the articles of incorporation or
bylaws of corporation.
§ 152904. Membership
(a) ELIGIBILITY.—Except as provided in this chapter, eligibility for mem-
bership 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.
§ 152905. Governing body
(a) BOARD OF DIRECTORS.—The board of directors and the responsibilities
of the board are as provided in the articles of incorporation or bylaws.
(b) OFFICERS.—The officers and the election of officers are as provided in
the articles of incorporation or bylaws.
(c) NONDISCRIMINATION.—The requirements for holding office in the cor-
poration may not discriminate on the basis of race, color, religion, or na-
tional origin.
§ 152906. Powers
The corporation has only the powers provided in its bylaws and articles
of incorporation filed in each State in which it is incorporated.
194
§ 152907. Exclusive right to name, seals, emblems, and
badges
The corporation has the exclusive right to use the name ‘‘National Society,
Daughters of the American Colonists’’ and seals, emblems, and badges the cor-
poration adopts. This section does not affect any vested rights.
§ 152908. Restrictions
(a) STOCK AND DIVIDENDS.—The corporation may not issue stock or de-
clare 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 of-
ficer 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 cor-
poration may not claim congressional approval or the authority of the United
States Government for any of its activities.
§ 152909. Duty to maintain corporate and tax-exempt status
(a) CORPORATE STATUS.—The corporation shall maintain its status as a
corporation incorporated under the laws of each State in which it is incor-
porated.
(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.).
§ 152910. Records and inspection
(a) RECORDS.—The corporation shall keep—
(1) correct and complete records of account;
(2) minutes of the proceedings of its members, board of directors, and
committees having any of the authority of its board of directors; and
(3) at its principal office, a record of the names and addresses of its
members entitled to vote.
(b) INSPECTION.—A member entitled to vote, or an agent or attorney of the
member, may inspect the records of the corporation for any proper purpose,
at any reasonable time.
195
§ 152911. Service of process
The corporation shall comply with the law on service of process of each
State in which it is incorporated and each State in which it carries on activi-
ties.
§ 152912. Liability for acts of officers and agents
The corporation is liable for the acts of its officers and agents acting within
the scope of their authority.
§ 152913. Annual report
The corporation shall submit an annual report to Congress on the activities
of the corporation during the prior fiscal year. The report shall be submitted
at the same time as the report of the audit required by section 10101 of this
title. The report may not be printed as a public document.
CHAPTER 1531—THE NATIONAL SOCIETY OF THE
DAUGHTERS OF THE AMERICAN REVOLUTION
Sec.
153101.
Organization.
153102.
Purposes.
153103.
Powers.
153104.
Exclusive right to name, seals, emblems, and badges.
153105.
Principal office.
153106.
Deposit of historical material in Smithsonian Institution.
153107.
Annual report.
§ 153101. Organization
The National Society of the Daughters of the American Revolution (in this
chapter, the ‘‘corporation’’) is a body corporate and politic in the District of
Columbia.
§ 153102. Purposes
The purposes of the corporation are patriotic, historical, and educational,
and include—
(1) perpetuating the memory and spirit of the men and women who
achieved American independence by—
(A) acquiring and protecting historical spots and erecting monu-
ments;
(B) encouraging historical research in relation to the Revolution
and publishing its results;
(C) preserving documents and relics and the records of the indi-
vidual services of Revolutionary soldiers and patriots; and
(D) promoting celebrations of all patriotic anniversaries;
(2) carrying out the injunction of Washington, in his farewell address
to the American people, ‘‘to promote, as an object of primary impor-
tance, institutions for the general diffusion of knowledge,’’ thus develop-
ing an enlightened public opinion and affording to young and old such
196
advantages as shall develop in them the largest capacity for performing
the duties of American citizens;
(3) cherishing, maintaining, and extending the institutions of Amer-
ican freedom;
(4) fostering true patriotism and love of country; and
(5) aiding in securing for mankind all the blessings of liberty.
§ 153103. Powers
The corporation may—
(1) adopt a constitution and bylaws;
(2) adopt a seal; and
(3) acquire, own, lease, encumber, and transfer property as necessary
or convenient to carry out its purposes.
§ 153104. Exclusive right to name, seals, emblems, and
badges
The corporation and its subordinate divisions have the exclusive right to
use the name ‘‘National Society of the Daughters of the American Revolu-
tion’’. The corporation has the exclusive right to use and to allow others to
use seals, emblems, and badges the corporation adopts.
§ 153105. Principal office
The corporation shall have its headquarters or principal office in the Dis-
trict of Columbia.
§ 153106. Deposit of historical material in Smithsonian Insti-
tution
The Regents of the Smithsonian Institution may permit the corporation to
deposit its collections, manuscripts, books, pamphlets, and other material for
history in the Smithsonian Institution or in the National Museum, on condi-
tions and under rules they prescribe.
§ 153107. Annual report
The corporation shall submit an annual report to the Secretary of the
Smithsonian Institution on the activities of the corporation. The Secretary
shall communicate to Congress any part of the report that the Secretary con-
siders of national interest and importance.
CHAPTER 1533—NATIONAL SOCIETY OF THE SONS OF
THE AMERICAN REVOLUTION
Sec.
153301.
Organization.
153302.
Purposes.
153303.
Powers.
153304.
Trustees.
197
§ 153301. Organization
National Society of the Sons of the American Revolution (in this chapter,
the ‘‘corporation’’) is a body corporate and politic in the District of Colum-
bia.
§ 153302. Purposes
The purposes of the corporation are patriotic, historical, and educational,
and include those intended or designed—
(1) to perpetuate the memory of the men who, by their services or sac-
rifices during the war of the American Revolution, achieved the inde-
pendence of the American people;
(2) to unite and promote fellowship among their descendants;
(3) to inspire them and the community at large with a more profound
reverence for the principles of the government founded by our forefathers;
(4) to encourage historical research in relation to the American Revo-
lution;
(5) to acquire and preserve the records of the individual services of the
patriots of the war, as well as documents, relics, and landmarks;
(6) to mark the scenes of the American Revolution by appropriate me-
morials;
(7) to celebrate the anniversaries of the prominent events of the war
and of the Revolutionary period;
(8) to foster true patriotism;
(9) to maintain and extend the institutions of American freedom; and
(10) to carry out the purposes expressed in the preamble to the Con-
stitution of our country and the injunctions of Washington in his fare-
well address to the American people.
§ 153303. Powers
The corporation may—
(1) adopt and amend a constitution, bylaws, and regulations for the
admission, government, suspension, and expulsion of its members;
(2) adopt and alter a seal;
(3) provide for the election of its officers and define their duties;
(4) provide for State societies or chapters with regulations for their
conduct, and regulate and provide for the management, safe-keeping, and
protection of their property and funds;
(5) acquire, own, lease, encumber, and transfer property as necessary
or convenient to carry out the purposes of the corporation; and
(6) sue and be sued.
§ 153304. Trustees
The property and affairs of the corporation shall be managed by at least
40 trustees. The trustees shall be elected annually at the time provided in the
198
bylaws. At least one trustee shall be elected annually from a list of nominees
to be made by each of the State societies and submitted to the corporation
at least 30 days before the annual meeting, in accordance with provisions
adopted by the corporation to regulate nominations.
CHAPTER 1535—NATIONAL TROPICAL BOTANICAL
GARDEN
Sec.
153501.
Organization.
153502.
Purposes.
153503.
Membership.
153504.
Governing body.
153505.
Powers.
153506.
Exclusive right to name.
153507.
Restrictions.
153508.
Principal office and location of activities and gardens.
153509.
Records and inspection.
153510.
Statement required in audit report.
153511.
Service of process.
153512.
Liability for acts of officers and agents.
153513.
Distribution of assets on dissolution or final liquidation.
§ 153501. Organization
(a) FEDERAL CHARTER.—National Tropical Botanical Garden (in this
chapter, the ‘‘corporation’’) is a federally chartered corporation.
(b) PERPETUAL EXISTENCE.—Except as otherwise provided, the corpora-
tion has perpetual existence.
§ 153502. Purposes
The purposes of the corporation are—
(1) to establish, develop, operate, and maintain for the benefit of the
people of the United States an educational and scientific center in the
form of one or more tropical botanical gardens, together with facilities
such as libraries, herbaria, laboratories, and museums that are appro-
priate and necessary for encouraging and conducting research in basic
and applied tropical botany;
(2) to foster and encourage fundamental research about tropical plant
life and to encourage research and study of the uses of tropical flora in
agriculture, forestry, horticulture, medicine, and other sciences;
(3) to disseminate through publications and other media the knowledge
about basic and applied tropical botany acquired at the gardens;
(4) to collect and cultivate tropical flora of every nature and origin
and to preserve for the people of the United States species of tropical
plant life threatened with extinction; and
(5) to provide a beneficial facility that will contribute to the edu-
cation, instruction, and recreation of the people of the United States.
199
§ 153503. Membership
(a) ELIGIBILITY.—Except as provided in this chapter, eligibility for mem-
bership in the corporation and the rights and privileges of members are as
provided in the constitution and bylaws of the corporation.
(b) VOTING.—Each member (except an honorary or associate member) has
one vote on each matter submitted to a vote at a meeting of the members.
§ 153504. Governing body
(a) BOARD OF TRUSTEES.—(1) The board of trustees is the governing body
of the corporation. The duties and powers of the board are as provided in
the bylaws.
(2) The manner of selection and term of office of the trustees are as pro-
vided in the bylaws.
(b) OFFICERS.—(1) The officers of the corporation are a president, one or
more vice presidents, a secretary, a treasurer, and other officers as provided
in the bylaws.
(2) The manner of election, term of office, and duties of the officers are as
provided in the bylaws.
§ 153505. Powers
The corporation may—
(1) adopt and amend bylaws for the management of its property and
the regulation of its affairs;
(2) adopt and alter a corporate seal;
(3) choose officers, trustees, managers, employees, and agents as the ac-
tivities of the corporation require;
(4) make contracts;
(5) acquire, own, lease, encumber, and transfer property as necessary
or proper to carry out the purposes of the corporation;
(6) borrow money, issue instruments of indebtedness, and secure its ob-
ligations by granting security interests in its property;
(7) sue and be sued; and
(8) do any other act necessary and proper to carry out the purposes
of the corporation.
§ 153506. Exclusive right to name
The corporation has the exclusive right to use and to allow others to use
the name ‘‘National Tropical Botanical Garden’’.
§ 153507. Restrictions
(a) STOCK AND DIVIDENDS.—The corporation may not issue stock or de-
clare or pay a dividend.
(b) POLITICAL ACTIVITIES.—The corporation or a trustee or officer as such
may not contribute to, support, or assist a political party or candidate for
elective public office.
200
(c) DISTRIBUTION OF INCOME OR ASSETS.—The income or assets of the
corporation may not inure to the benefit of, or be distributed to, a trustee,
officer, or member during the life of the corporation or on its dissolution or
final liquidation. This subsection does not prevent the payment of reasonable
compensation to an officer or reimbursement for actual necessary expenses in
amounts approved by the board of trustees.
(d) LOANS.—The corporation may not make a loan to a trustee, officer, or
employee. Trustees who vote for or assent to making a loan to a trustee, offi-
cer, or employee, and officers who participate in making the loan, are jointly
and severally liable to the corporation for the amount of the loan until it is
repaid.
§ 153508. Principal office and location of activities and gar-
dens
(a) PRINCIPAL OFFICE.—The principal office of the corporation shall be in
the District of Columbia or another place decided by the board of trustees.
(b) LOCATION OF ACTIVITIES AND GARDENS.—The activities of the corpora-
tion may be conducted anywhere. However, the corporation may establish
tropical botanical gardens only in the United States and its territories and
possessions.
§ 153509. Records and inspection
(a) RECORDS.—The corporation shall keep—
(1) correct and complete records of account;
(2) minutes of the proceedings of its board of trustees and committees
having any of the authority of its board of trustees; and
(3) at its principal office, a record of the names and addresses of its
members entitled to vote.
(b) INSPECTION.—A member entitled to vote, or an agent or attorney of the
member, may inspect the records of the corporation for any proper purpose,
at any reasonable time.
§ 153510. Statement required in audit report
The corporation shall include in the audit report statement required under
section 10101(b)(1)(B) of this title a schedule of all contracts requiring pay-
ments greater than $10,000 and all payments of compensation or fees at a
rate of greater than $10,000 a year.
§ 153511. Service of process
The corporation shall have a designated agent in the District of Columbia
to receive service of process for the corporation. Notice to or service on the
agent, or mailed to the business address of the agent, is notice to or service
on the corporation.
201
§ 153512. Liability for acts of officers and agents
The corporation is liable for the acts of its officers and agents acting within
the scope of their authority.
§ 153513. Distribution of assets on dissolution or final liq-
uidation
(a) ALLOWABLE RECIPIENTS.—On dissolution or final liquidation of the
corporation, any assets remaining after the discharge of all liabilities shall
be distributed, as decided by the board of trustees, to—
(1) the United States Government, to be administered by the Secretary
of the Interior under the Act of August 25, 1916 (16 U.S.C. 1 et seq.)
(known as the National Park Service Organic Act); or
(2) a State or local government to be used for a public purpose.
(b) RESTRICTION.—A distribution under subsection (a) of this section shall
be consistent with the purposes of the corporation and in compliance with the
charter and bylaws.
CHAPTER 1537—NATIONAL WOMAN’S RELIEF CORPS,
AUXILIARY TO THE GRAND ARMY OF THE REPUBLIC
Sec.
153701.
Organization.
153702.
Purposes.
153703.
Membership.
153704.
Governing body.
153705.
Powers.
153706.
Exclusive right to name, seals, emblems, and badges.
153707.
Restrictions.
153708.
Principal office.
153709.
Records and inspection.
153710.
Service of process.
153711.
Liability for acts of officers and agents.
153712.
Annual report.
153713.
Distribution of assets on dissolution or final liquidation.
§ 153701. Organization
(a) FEDERAL CHARTER.—National Woman’s Relief Corps, Auxiliary to the
Grand Army of the Republic (in this chapter, the ‘‘corporation’’), is a feder-
ally chartered corporation.
(b) PLACE OF INCORPORATION AND DOMICILE.—The corporation is de-
clared to be incorporated and domiciled in the District of Columbia.
(c) PERPETUAL EXISTENCE.—Except as otherwise provided, the corpora-
tion has perpetual existence.
§ 153702. Purposes
The purposes of the corporation are—
(1) to perpetuate the memory of the Grand Army of the Republic, as
the National Woman’s Relief Corps is its auxiliary and was organized
at its request in 1883, and of the men who saved the Union in 1861
to 1865;
202
(2) to assist in every practicable way in preserving, and making
available for research, documents and records pertaining to the Grand
Army of the Republic and its members;
(3) to cooperate in doing honor to all those who have served our coun-
try patriotically in any war;
(4) to teach patriotism, the duties of citizenship, the true history of
our country, and the love and honor of our flag;
(5) to oppose every tendency or movement that would weaken loyalty
to, destroy, or impair our constitutional Union; and
(6) to inculcate and broadly sustain the American principles of rep-
resentative government, equal rights, and impartial justice for all.
§ 153703. Membership
Except as provided in this chapter, eligibility for membership in the cor-
poration and the rights, privileges, and designation of classes of members are
as provided in the constitution and bylaws of the corporation. Eligibility for
membership is limited to—
(1) women who are the wives, mothers, daughters, and sisters of Union
soldiers, sailors, and marines; and
(2) other loyal women who have not given aid or comfort to the en-
emies of the United States of America.
§ 153704. Governing body
(a) NATIONAL CONVENTION.—(1) The national convention is the supreme
governing authority of the corporation.
(2) The national convention is composed of officers and elected representa-
tives from the States as provided by the regulations of the corporation. How-
ever, the form of government of the corporation must be representative of the
membership at large and may not permit concentration of control in a lim-
ited number of members or in a self-perpetuating group not representative of
the membership at large.
(3) The meetings of the national convention may be held in the District
of Columbia or in any State.
(4) During the intervals between the convention, the executive officers are
the governing board of the corporation and are responsible for the general
policies, program, and activities of the corporation.
(b) COUNCIL OF ADMINISTRATION.—The council of administration of the
corporation shall consist of at least 7 members elected in the manner and for
the term provided in the constitution and bylaws of the corporation.
(c) OFFICERS.—(1) The officers of the corporation are a national president,
senior vice national president, junior vice national president, secretary, treas-
urer, and other officers as provided in the constitution and bylaws. One indi-
vidual may hold the offices of secretary and treasurer.
203
(2) The titles, manner of election, term of office, and duties of the officers
are as provided in the constitution and bylaws.
§ 153705. Powers
The corporation may—
(1) adopt and amend a constitution and bylaws for the management
of its property and the regulation of its affairs;
(2) adopt and alter a corporate seal;
(3) choose officers as the corporation requires;
(4) make contracts;
(5) acquire, own, lease, encumber, and transfer property as necessary
or convenient to carry out the purposes of the corporation; and
(6) sue and be sued.
§ 153706. Exclusive right to name, seals, emblems, and
badges
The corporation and its subordinate corps have the exclusive right to use
the name ‘‘National Woman’s Relief Corps, Auxiliary to the Grand Army of
the Republic’’. The corporation has the exclusive right to use and to allow oth-
ers to use seals, emblems, and badges the corporation adopts.
§ 153707. Restrictions
(a) STOCK AND DIVIDENDS.—The corporation may not issue stock or de-
clare or pay a dividend.
(b) POLITICAL ACTIVITIES.—The corporation or an officer or agent as such
may not contribute to, support, or assist a political party or candidate for
public office.
(c) DISTRIBUTION OF INCOME OR ASSETS.—The income or assets of the
corporation may not inure to the benefit of, or be distributed to, an officer
or member during the life of the corporation or on its dissolution or final
liquidation. This subsection does not prevent the payment of reasonable com-
pensation to an officer or reimbursement for actual necessary expenses in
amounts approved by the council of administration of the corporation.
(d) LOANS.—The corporation may not make a loan or advance to an officer
or member of the corporation. Members of the council of administration who
vote for or assent to making a loan or advance to an officer or member, and
officers who participate in making the loan or advance, are jointly and sever-
ally liable to the corporation for the amount of the loan or advance until it
is repaid.
§ 153708. Principal office
The principal office of the corporation shall be in Springfield, Illinois.
However, the activities of the corporation are not confined to Springfield but
may be conducted throughout the States of the United States and the District
of Columbia.
204
§ 153709. Records and inspection
(a) RECORDS.—The corporation shall keep—
(1) correct and complete records of account; and
(2) minutes of the proceedings of its national convention.
(b) INSPECTION.—A member, or an agent or attorney of the member, may
inspect the records of the corporation for any proper purpose, at any reason-
able time.
§ 153710. Service of process
The corporation shall have a designated agent in the District of Columbia
to receive service of process, notice, or demand for the corporation. Designa-
tion of the agent shall be filed in the office of the Mayor of the District of
Columbia or another office designated by the Mayor. Notice to or service on
the agent is notice to or service on the corporation.
§ 153711. Liability for acts of officers and agents
The corporation is liable for the acts of its officers and agents acting within
the scope of their authority.
§ 153712. Annual report
Not later than 6 months after the end of each fiscal year, the corporation
shall submit a report to Congress on the activities of the corporation during
the prior fiscal year. The report may consist of a report on the proceedings
of the national convention during that fiscal year. The report may not be
printed as a public document.
§ 153713. Distribution of assets on dissolution or final liq-
uidation
On dissolution or final liquidation of the corporation, its assets shall be
distributed as follows:
(1) All liabilities shall be paid and discharged, or adequate provision
for payment and discharge shall be made.
(2) Assets held on condition requiring return or transfer on dissolution
of the corporation shall be returned or transferred as required by the con-
dition.
(3) Assets received and held subject to a limitation permitting use only
for charitable, religious, benevolent, educational, or similar purposes, but
not held on a condition requiring return or transfer on dissolution of
the corporation, shall be transferred to one or more appropriate domestic
or foreign corporations, societies, or organizations under a plan of dis-
tribution adopted as provided in this chapter.
(4) Other assets shall be distributed as provided by the articles of in-
corporation or bylaws to the extent that the articles or bylaws provide
the distributive rights of members, or any class of members, or provide
for distribution to others.
205
(5) Any remaining assets may be distributed to persons, societies, or-
ganizations, or domestic or foreign corporations engaged in activities not
for profit, as provided in a plan of distribution adopted by the council
of administration of the corporation and in compliance with the con-
stitution and bylaws of the corporation.
CHAPTER 1539—THE NATIONAL YOEMEN F
Sec.
153901.
Organization.
153902.
Purposes.
153903.
Powers.
153904.
Deposit of historical material.
§ 153901. Organization
The National Yoemen F (in this chapter, the ‘‘corporation’’) is a body cor-
porate and politic in the District of Columbia.
§ 153902. Purposes
The purposes of the corporation are patriotic, historical, and educational
and are—
(1) to foster and perpetuate the memory of the service of Yoemen (f)
in the United States Naval Reserve Force of the United States Navy dur-
ing World War I;
(2) to preserve the memories and incidents of their association in
World War I by the encouragement of historical research concerning the
service of Yoemen (f);
(3) to cherish, maintain, and extend the institutions of American free-
dom by the promotion of celebrations of all patriotic anniversaries;
(4) to foster true patriotism and love of country; and
(5) to aid in securing for mankind all the blessings of liberty.
§ 153903. Powers
The corporation may—
(1) adopt a constitution and bylaws;
(2) adopt a seal; and
(3) hold real and personal property in the United States, but only to
the extent necessary to carry out the purposes of the corporation and
only in an amount not more than $50,000.
§ 153904. Deposit of historical material
The Regents of the Smithsonian Institution may permit the corporation to
deposit its collections, manuscripts, books, pamphlets, and other material for
history in the Smithsonian Institution or in the National Museum, on condi-
tions and under rules they prescribe.
CHAPTER 1541—NAVAL SEA CADET CORPS
Sec.
154101.
Organization.
154102.
Purposes.
206
154103.
Membership.
154104.
Governing body.
154105.
Powers.
154106.
Exclusive right to name, insignia, emblems, badges, marks, and words.
154107.
Restrictions.
154108.
Principal office.
154109.
Records and inspection.
154110.
Service of process.
154111.
Liability for acts of officers and agents.
154112.
Annual report.
154113.
Distribution of assets on dissolution or final liquidation.
§ 154101. Organization
(a) FEDERAL CHARTER.—Naval Sea Cadet Corps (in this chapter, the
‘‘corporation’’) is a federally chartered corporation.
(b) PERPETUAL EXISTENCE.—Except as otherwise provided, the corpora-
tion has perpetual existence.
§ 154102. Purposes
The purposes of the corporation are, through organization and cooperation
with the Department of the Navy—
(1) to encourage and aid American young people to develop an interest
and skill in basic seamanship and in its naval adaptations;
(2) to train them in seagoing skills; and
(3) to teach them patriotism, courage, self-reliance, and kindred vir-
tues.
§ 154103. Membership
Except as provided in this chapter, eligibility for membership in the cor-
poration and the rights, privileges, and designation of classes of members are
as provided in the constitution and bylaws of the corporation.
§ 154104. Governing body
(a) BOARD OF DIRECTORS.—(1) The board of directors is the governing
body of the corporation. The board is responsible for the general policies and
program of the corporation and the control of all funds of the corporation.
(2) The number of directors, their manner of selection (including the filling
of vacancies), and their term of office are as provided in the constitution and
bylaws. However, the board shall have at least 10 but not more than 25 direc-
tors.
(b) OFFICERS.—(1) The officers of the corporation are a president, one or
more vice presidents as provided in the constitution and bylaws, a secretary,
a treasurer, and other officers as provided in the constitution and bylaws.
(2) The manner of election, term of office, and duties of the officers are as
provided in the constitution and bylaws.
§ 154105. Powers
The corporation may—
207
(1) adopt and amend a constitution and bylaws for the management
of its property and the regulation of its affairs;
(2) adopt and alter a corporate seal;
(3) choose officers, managers, employees, and agents as the activities
of the corporation require;
(4) make contracts;
(5) acquire, own, lease, encumber, and transfer property as necessary
or convenient to carry out the purposes of the corporation;
(6) borrow money, issue instruments of indebtedness, and secure its ob-
ligations by granting security interests in its property; and
(7) sue and be sued.
§ 154106. Exclusive right to name, insignia, emblems, badges,
marks, and words
The corporation has the exclusive right to use the name ‘‘Naval Sea Cadet
Corps’’ and distinctive insignia, emblems, and badges, descriptive or designat-
ing marks, and words or phrases required to carry out the duties and powers
of the corporation. This section does not affect any vested rights.
§ 154107. Restrictions
(a) STOCK AND DIVIDENDS.—The corporation may not issue stock or de-
clare or pay a dividend.
(b) POLITICAL ACTIVITIES.—The corporation or a director or officer as
such may not contribute to, support, or assist a political party or candidate
for public office.
(c) DISTRIBUTION OF INCOME OR ASSETS.—The income or assets of the
corporation may not inure to the benefit of, or be distributed to, a director,
officer, or member during the life of the corporation or on its dissolution or
final liquidation. This subsection does not prevent the payment of compensa-
tion to an officer in an amount approved by the board of directors.
(d) LOANS.—The corporation may not make a loan or advance to a direc-
tor, officer, or employee. Directors who vote for or assent to making a loan
or advance to a director, officer, or employee, and officers who participate in
making the loan or advance, are jointly and severally liable to the corporation
for the amount of the loan or advance until it is repaid.
§ 154108. Principal office
The principal office of the corporation shall be in Tacoma, Washington, or
another place decided by the board of directors. However, the activities of the
corporation are not confined to the place where the principal office is located
but may be conducted throughout the States, territories, and possessions of the
United States.
§ 154109. Records and inspection
(a) RECORDS.—The corporation shall keep—
208
(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.
§ 154110. Service of process
The corporation shall have a designated agent in the District of Columbia
to receive service of process for the corporation. Notice to or service on the
agent, or mailed to the business address of the agent, is notice to or service
on the corporation.
§ 154111. Liability for acts of officers and agents
The corporation is liable for the acts of its officers and agents acting within
the scope of their authority.
§ 154112. Annual report
The corporation shall submit an annual report to the Secretary of the Navy
on the activities of the corporation during the prior calendar year. The Sec-
retary shall communicate to Congress any part of the report that the Sec-
retary considers appropriate.
§ 154113. Distribution of assets on dissolution or final liq-
uidation
On dissolution or final liquidation of the corporation, any assets remaining
after the discharge of all liabilities shall be distributed as provided by the
board of directors, but in compliance with the constitution and bylaws of the
corporation.
CHAPTER 1543—NAVY CLUB OF THE UNITED STATES OF
AMERICA
Sec.
154301.
Organization.
154302.
Purposes.
154303.
Powers.
154304.
Annual report.
§ 154301. Organization
(a) FEDERAL CHARTER.—Navy Club of the United States of America (in
this chapter, the ‘‘corporation’’) is a federally chartered corporation.
(b) PERPETUAL EXISTENCE.—Except as otherwise provided, the corpora-
tion has perpetual existence.
§ 154302. Purposes
The purposes of the corporation are—
209
(1) to encourage, promote, and maintain comradeship among individ-
uals who are or have been in the active service of the United States
Navy, the United States Marine Corps, or the United States Coast
Guard;
(2) to revere, honor, and perpetuate the memory of individuals de-
scribed in clause (1) of this section who have departed this life;
(3) to promote and encourage further public interest in the United
States Navy, the United States Marine Corps, and the United States
Coast Guard and the history of those organizations;
(4) to uphold the spirit and ideals of the United States Navy, the
United States Marine Corps, and the United States Coast Guard;
(5) to promote the ideals of American freedom and democracy and to
fit its members for the duties of citizenship and to encourage them to
serve as ably as citizens as they have served the Nation under arms; and
(6) to maintain true allegiance to American institutions.
§ 154303. Powers
The corporation may—
(1) adopt and amend bylaws;
(2) adopt and alter a corporate seal;
(3) appoint or elect officers and agents;
(4) choose a board of trustees, consisting of at least 5 but not more
than 15 individuals, to conduct the business and exercise the powers of
the corporation;
(5) establish and maintain offices to conduct its activities;
(6) acquire, own, lease, encumber, and transfer property as necessary
or appropriate to carry out the purposes of the corporation;
(7) charge and collect membership dues and receive contributions of
money or property to be devoted to carrying out the purposes of the cor-
poration;
(8) sue and be sued; and
(9) do any other act necessary or appropriate to carry out the pur-
poses of the corporation.
§ 154304. Annual report
Not later than December 1 of each year, the corporation shall submit a re-
port to Congress on the activities of the corporation during the prior calendar
year. The report may not be printed as a public document.
CHAPTER 1545—NAVY WIVES CLUBS OF AMERICA
Sec.
154501.
Definition.
154502.
Organization.
154503.
Purposes.
154504.
Membership.
210
154505.
Governing body.
154506.
Powers.
154507.
Restrictions.
154508.
Duty to maintain corporate and tax-exempt status.
154509.
Records and inspection.
154510.
Service of process.
154511.
Liability for acts of officers and agents.
154512.
Annual report.
§ 154501. Definition
For purposes of this chapter, ‘‘State’’ includes the District of Columbia and
the territories and possessions of the United States.
§ 154502. Organization
(a) FEDERAL CHARTER.—Navy Wives Clubs of America (in this chapter,
the ‘‘corporation’’), incorporated in California, is a federally chartered cor-
poration.
(b) EXPIRATION OF CHARTER.—If the corporation does not comply with
any provision of this chapter, the charter granted by this chapter expires.
§ 154503. Purposes
The purposes of the corporation are as provided in the articles of incorpo-
ration and include—
(1) supporting the Constitution of the United States;
(2) promoting a friendly relationship between the wives of enlisted
men who are serving in the active United States Navy, United States
Marine Corps, or United States Coast Guard or in the Active Reserves
of those services; and
(3) performing charitable activities as provided in the constitution or
bylaws of the corporation.
§ 154504. Membership
Eligibility for membership in the corporation and the rights and privileges
of members are as provided in the bylaws.
§ 154505. Governing body
(a) BOARD OF DIRECTORS.—The board of directors and the responsibilities
of the board are as provided in the articles of incorporation.
(b) OFFICERS.—The officers and the election of officers are as provided in
the articles of incorporation.
§ 154506. Powers
The corporation has only the powers provided in its bylaws and articles
of incorporation filed in each State in which it is incorporated.
§ 154507. Restrictions
(a) STOCK AND DIVIDENDS.—The corporation may not issue stock or de-
clare or pay a dividend.
211
(b) POLITICAL ACTIVITIES.—The corporation or a director or officer as
such may not contribute to, support, or participate in any political activity
or attempt to influence legislation.
(c) DISTRIBUTION OF INCOME OR ASSETS.—The income or assets of the
corporation may not inure to the benefit of, or be distributed to, a director,
officer, or member during the life of the charter granted by this chapter. This
subsection does not prevent the payment of reasonable compensation to an of-
ficer or reimbursement for actual necessary expenses in amounts approved by
the board of directors.
(d) LOANS.—The corporation may not make a loan to a director, officer,
or employee.
(e) CLAIM OF GOVERNMENTAL APPROVAL OR AUTHORITY.—The corporation
may not claim congressional approval or the authority of the United States
Government for any of its activities.
§ 154508. Duty to maintain corporate and tax-exempt status
(a) CORPORATE STATUS.—The corporation shall maintain its status as a
corporation incorporated under the laws of each State in which it is incor-
porated.
(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.).
§ 154509. Records and inspection
(a) RECORDS.—The corporation shall keep—
(1) correct and complete records of account;
(2) minutes of the proceedings of its members, board of directors, and
committees having any of the authority of its board of directors; and
(3) at its principal office, a record of the names and addresses of its
members entitled to vote.
(b) INSPECTION.—A member entitled to vote, or an agent or attorney of the
member, may inspect the records of the corporation for any proper purpose,
at any reasonable time.
§ 154510. Service of process
The corporation shall comply with the law on service of process of each
State in which it is incorporated and each State in which it carries on activi-
ties.
§ 154511. Liability for acts of officers and agents
The corporation is liable for the acts of its officers and agents acting within
the scope of their authority.
§ 154512. Annual report
The corporation shall submit an annual report to Congress on the activities
of the corporation during the prior fiscal year. The report shall be submitted
212
at the same time as the report of the audit required by section 10101 of this
title. The report may not be printed as a public document.
CHAPTER 1547—NON COMMISSIONED OFFICERS ASSO-
CIATION OF THE UNITED STATES OF AMERICA, INCOR-
PORATED
Sec.
154701.
Definition.
154702.
Organization.
154703.
Purposes.
154704.
Membership.
154705.
Governing body.
154706.
Powers.
154707.
Exclusive right to name, seals, emblems, and badges.
154708.
Restrictions.
154709.
Duty to maintain tax-exempt status.
154710.
Records and inspection.
154711.
Service of process.
154712.
Liability for acts of officers and agents.
154713.
Annual report.
§ 154701. Definition
For purposes of this chapter, ‘‘State’’ includes the District of Columbia and
the territories and possessions of the United States.
§ 154702. Organization
(a) FEDERAL CHARTER.—Non Commissioned Officers Association of the
United States of America, Incorporated (in this chapter, the ‘‘corporation’’),
a nonprofit corporation incorporated in Texas, is a federally chartered cor-
poration.
(b) EXPIRATION OF CHARTER.—If the corporation does not comply with
any provision of this chapter, the charter granted by this chapter expires.
§ 154703. Purposes
The purposes of the corporation are as provided in the bylaws and articles
of incorporation and include—
(1) upholding and defending the Constitution of the United States;
(2) promoting health, prosperity, and scholarship among its members
and their dependents and survivors through benevolent programs;
(3) assisting veterans and their dependents and survivors through a
service program established for that purpose;
(4) improving conditions for service members, veterans, and their de-
pendents and survivors; and
(5) fostering fraternal and social activities among its members in rec-
ognition that cooperative action is required for the furtherance of their
common interests.
213
§ 154704. Membership
(a) ELIGIBILITY.—Except as provided in this chapter, eligibility for mem-
bership in the corporation and the rights and privileges of members are as
provided in the constitution and bylaws of the corporation.
(b) NONDISCRIMINATION.—The terms of membership may not discriminate
on the basis of race, color, religion, sex, disability, age, or national origin.
§ 154705. Governing body
(a) BOARD OF DIRECTORS.—The board of directors and the responsibilities
of the board are as provided in the articles of incorporation.
(b) OFFICERS.—The officers and the election of officers are as provided in
the articles of incorporation.
(c) NONDISCRIMINATION.—The requirements for serving as a director or of-
ficer may not discriminate on the basis of race, color, religion, sex, disability,
age, or national origin.
§ 154706. Powers
The corporation has only the powers provided in its bylaws and articles
of incorporation filed in each State in which it is incorporated.
§ 154707. Exclusive right to name, seals, emblems, and
badges
The corporation has the exclusive right to use the names ‘‘The Non Com-
missioned Officers Association of the United States of America’’, ‘‘Non Com-
missioned Officers Association of the United States of America’’, ‘‘Non Com-
missioned Officers Association’’, and ‘‘NCOA’’, and seals, emblems, and
badges the corporation adopts. This section does not affect any vested rights.
§ 154708. Restrictions
(a) STOCK AND DIVIDENDS.—The corporation may not issue stock or de-
clare or pay a dividend.
(b) DISTRIBUTION OF INCOME OR ASSETS.—The income or assets of the
corporation may not inure of 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 of-
ficer or reimbursement for actual necessary expenses in amounts approved by
the board of directors.
(c) LOANS.—The corporation may not make a loan to a director, officer,
or employee.
(d) CLAIM OF GOVERNMENTAL APPROVAL OR AUTHORITY.—The corpora-
tion may not claim congressional approval or the authority of the United
States Government for any of its activities.
§ 154709. Duty to maintain tax-exempt status
The corporation shall maintain its status as an organization exempt from
taxation under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.).
214
§ 154710. Records and inspection
(a) RECORDS.—The corporation shall keep—
(1) correct and complete records of account;
(2) minutes of the proceedings of its members, board of directors, and
committees having any of the authority of its board of directors; and
(3) at its principal office, a record of the names and addresses of its
members entitled to vote.
(b) INSPECTION.—A member entitled to vote, or an agent or attorney of the
member, may inspect the records of the corporation for any proper purpose,
at any reasonable time.
§ 154711. Service of process
The corporation shall comply with the law on service of process of each
State in which it is incorporated and each State in which it carries on activi-
ties.
§ 154712. Liability for acts of officers and agents
The corporation is liable for the acts of its officers and agents acting within
the scope of their authority.
§ 154713. Annual report
The corporation shall submit an annual report to Congress on the activities
of the corporation during the prior fiscal year. The report shall be submitted
at the same time as the report of the audit required by section 10101 of this
title. The report may not be printed as a public document.
CHAPTER 1601—[RESERVED]
CHAPTER 1701—PARALYZED VETERANS OF AMERICA
Sec.
170101.
Organization.
170102.
Purposes.
170103.
Membership.
170104.
Powers.
170105.
Exclusive right to name, seals, emblems, and badges.
170106.
Restrictions.
170107.
Headquarters and principal place of business.
170108.
Records and inspection.
170109.
Service of process.
170110.
Liability for acts of officers and agents.
170111.
Distribution of assets on dissolution or final liquidation.
§ 170101. Organization
(a) FEDERAL CHARTER.—Paralyzed Veterans of America (in this chapter,
the ‘‘corporation’’) is a federally chartered corporation.
(b) PERPETUAL EXISTENCE.—Except as otherwise provided, the corpora-
tion has perpetual existence.
§ 170102. Purposes
The purposes of the corporation are—
(1) to preserve the great and basic truths and enduring principles on
which this Nation was founded;
215
(2) to form a national association for the benefit of individuals who
have suffered injuries or diseases of the spinal cord;
(3) to acquaint the public with the needs and problems of paraplegics;
(4) to promote medical research in the several fields connected with
injuries and diseases of the spinal cord, including research in neuro-
surgery and orthopedics and in genitourinary and orthopedic appliances;
and
(5) to advocate and foster complete and effective reconditioning pro-
grams for paraplegics, including a thorough physical reconditioning pro-
gram, physiotherapy, competent walking instructions, adequate guidance
(both vocational and educational), academic and vocational education
(both in hospitals and in educational institutions), psychological orienta-
tion and readjustment to family and friends, and occupational therapy
(both functional and diversional).
§ 170103. Membership
An individual is eligible for membership in the corporation if the individ-
ual—
(1) is a citizen of the United States;
(2) was regularly enlisted, inducted, or commissioned, and was accept-
ed for or on active duty, in the Army, Navy, Marine Corps, Air Force,
or Coast Guard of the United States or an ally of the United States;
(3)(A) was separated from service in the armed forces under condi-
tions other than dishonorable; or
(B) is on active duty or must continue to serve after the cessation of
hostilities; and
(4) has suffered a spinal cord injury or disease, whether or not service
connected in origin.
§ 170104. Powers
(a) SPECIFIC POWERS.—The corporation may—
(1) adopt and amend a constitution and bylaws;
(2) adopt and alter a corporate seal, emblems, and badges;
(3) choose officers, representatives, and agents as necessary to carry
out the purposes of the corporation;
(4) make contracts;
(5) accept gifts, legacies, and devises that will further the purposes of
the corporation;
(6) acquire, own, lease, encumber, and transfer property as necessary
to carry out the purposes of the corporation;
(7) borrow money, issue instruments of indebtedness, and secure its ob-
ligations by granting security interests in its property;
216
(8) establish, regulate, and discontinue subordinate State and regional
organizations and local chapters or posts;
(9) establish and maintain offices to conduct the affairs of the corpora-
tion;
(10) publish a magazine, newspaper, and other publications;
(11) sue and be sued; and
(12) do any other act necessary and proper to carry out the purposes
of the corporation.
(b) PRIVILEGES OF OTHER NATIONAL VETERANS’ ORGANIZATIONS.—Privi-
leges granted to other national veterans’ organizations as a result of their
being incorporated by Congress are also granted to the corporation.
§ 170105. Exclusive right to name, seals, emblems, and
badges
The corporation and its State and regional organizations and local chap-
ters or posts have the exclusive right to use the name ‘‘Paralyzed Veterans of
America’’ and seals, emblems, and badges the corporation lawfully adopts.
§ 170106. Restrictions
(a) PROFIT.—The corporation may not engage in business for profit.
(b) STOCK.—The corporation may not issue stock.
(c) POLITICAL ACTIVITIES.—The corporation shall be nonpolitical and may
not provide financial aid to, or otherwise promote the candidacy of, an indi-
vidual seeking public office.
(d) DISTRIBUTION OF INCOME OR ASSETS.—The income or assets of the
corporation may not inure to the benefit of, or be distributed to, a director,
officer, member, or employee during the life of the corporation or on its dis-
solution or final liquidation. This subsection does not prevent the payment
of reasonable compensation to an officer or employee or reimbursement for ac-
tual necessary expenses in amounts approved by the board of directors.
(e) LOANS.—The corporation may not make a loan to a director, officer,
member, or employee. Directors who vote for or assent to making such a loan,
and officers who participate in making the loan, are jointly and severally lia-
ble to the corporation for the amount of the loan until it is repaid.
§ 170107. Headquarters and principal place of business
The headquarters and principal place of business of the corporation shall
be in the District of Columbia. However, the activities of the corporation are
not confined to the District of Columbia but may be conducted throughout the
States, territories, and possessions of the United States.
§ 170108. Records and inspection
(a) RECORDS.—The corporation shall keep—
(1) correct and complete records of account;
217
(2) minutes of the proceedings of its members, executive committee,
and committees having any of the authority of its executive committee;
and
(3) at its principal office, a record of the names and addresses of its
members entitled to vote.
(b) INSPECTION.—A member entitled to vote, or an agent or attorney of the
member, may inspect the records of the corporation for any proper purpose,
at any reasonable time.
§ 170109. Service of process
As a condition to the exercise of any power or privilege granted by this
chapter, the corporation shall file, with the secretary of state or other des-
ignated official of each State, territory, or possession of the United States in
which an organization, chapter, or post is organized, the name and address
of an agent in that State, territory, or possession on whom legal process or
demands against the corporation may be served.
§ 170110. Liability for acts of officers and agents
The corporation is liable for the acts of its officers and agents acting within
the scope of their authority.
§ 170111. Distribution of assets on dissolution or final liq-
uidation
On dissolution or final liquidation of the corporation, any assets remaining
after the discharge or satisfactory provision for discharge of all liabilities
shall be transferred to the Secretary of Veterans Affairs to be applied to the
care and comfort of paralyzed veterans.
CHAPTER 1703—PEARL HARBOR SURVIVORS
ASSOCIATION
Sec.
170301.
Definition.
170302.
Organization.
170303.
Purposes.
170304.
Membership.
170305.
Governing body.
170306.
Powers.
170307.
Exclusive right to name, seals, emblems, and badges.
170308.
Restrictions.
170309.
Duty to maintain tax-exempt status.
170310.
Records and inspection.
170311.
Service of process.
170312.
Liability for acts of officers and agents.
170313.
Annual report.
§ 170301. Definition
For purposes of this chapter, ‘‘State’’ includes the District of Columbia and
the territories and possessions of the United States.
218
§ 170302. Organization
(a) FEDERAL CHARTER.—Pearl Harbor Survivors Association (in this
chapter, the ‘‘corporation’’), a nonprofit corporation incorporated in Missouri,
is a federally chartered corporation.
(b) EXPIRATION OF CHARTER.—If the corporation does not comply with
any provision of this chapter, the charter granted by this chapter expires.
§ 170303. Purposes
The purposes of the corporation are as provided in its articles of incorpora-
tion and include—
(1) upholding and defending the Constitution of the United States;
(2) collating, preserving, and encouraging the study of historical epi-
sodes, chronicles, mementos, and events pertaining to ‘‘The Day of In-
famy, 7 December 1941’’, and in particular those memories and records
of patriotic service performed by the heroic Pearl Harbor survivors and
nonsurvivors;
(3) shielding from neglect the graves, past and future, of those who
served at Pearl Harbor on that day;
(4) stimulating communities and political subdivisions into taking
more interest in the affairs and future of the United States to keep our
Nation alert;
(5) fighting unceasingly for our national security to protect the United
States from enemies within and without our borders;
(6) preserving the American way of life and fostering the spirit and
practice of Americanism; and
(7) instilling love of country and flag and promoting soundness of
mind and body in the youth of our Nation.
§ 170304. Membership
(a) ELIGIBILITY.—Eligibility for membership in the corporation and the
rights and privileges of members are as provided in the constitution and by-
laws of the corporation.
(b) NONDISCRIMINATION.—The terms of membership may not discriminate
on the basis of race, color, religion, or national origin.
§ 170305. Governing body
(a) BOARD OF DIRECTORS.—The board of directors and the responsibilities
of the board are as provided in the articles of incorporation.
(b) OFFICERS.—The officers and the election of officers are as provided in
the articles of incorporation.
(c) NONDISCRIMINATION.—The requirements for holding office in the cor-
poration may not discriminate on the basis of race, color, religion, or na-
tional origin.
219
§ 170306. Powers
The corporation has the powers provided in its bylaws and articles of in-
corporation filed in the State in which it is incorporated, including the power
to—
(1) adopt and amend a constitution and bylaws for the management
of its property and the regulation of its affairs;
(2) adopt and alter a corporate seal;
(3) adopt emblems and badges;
(4) establish, maintain, and regulate offices to conduct the affairs of
the corporation;
(5) publish a magazine and other publications;
(6) charge and collect membership dues and subscription fees and re-
ceive contributions or grants of money or property to be used to carry
out the purposes of the corporation;
(7) accept gifts, legacies, and devises that will further the purposes of
the corporation;
(8) promote the formation of auxiliaries, the membership requirements
of which shall be as provided in the constitution and the bylaws of the
corporation;
(9) sue and be sued; and
(10) do any other act necessary or desirable to carry out the purposes
of the corporation.
§ 170307. Exclusive right to name, seals, emblems, and
badges
The corporation and its regional districts and local branches have the ex-
clusive right to use the name ‘‘Pearl Harbor Survivors Association’’ and seals,
emblems, and badges the corporation adopts.
§ 170308. Restrictions
(a) STOCK AND DIVIDENDS.—The corporation may not issue stock or de-
clare 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 ac-
tual 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.
220
(e) CLAIM OF GOVERNMENTAL APPROVAL OR AUTHORIZATION.—The cor-
poration may not claim congressional approval or the authority of the United
States Government for any of its activities.
§ 170309. Duty to maintain tax-exempt status
The corporation shall maintain its status as an organization exempt from
taxation under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.).
§ 170310. Records and inspection
(a) RECORDS.—The corporation shall keep—
(1) correct and complete records of account;
(2) minutes of the proceedings of its members, board of directors, and
committees having any of the authority of its board of directors; and
(3) at its principal office, a record of the names and addresses of its
members entitled to vote.
(b) INSPECTION.—A member entitled to vote, or an agent or attorney of the
member, may inspect the records of the corporation for any proper purpose,
at any reasonable time.
§ 170311. Service of process
The corporation shall comply with the law on service of process of each
State in which it is incorporated and each State in which it carries on activi-
ties.
§ 170312. Liability for acts of officers and agents
The corporation is liable for the acts of its officers and agents acting within
the scope of their authority.
§ 170313. Annual report
The corporation shall submit an annual report to Congress on the activities
of the corporation during the prior fiscal year. The report shall be submitted
at the same time as the report of the audit required by section 10101 of this
title. The report may not be printed as a public document.
CHAPTER 1705—POLISH LEGION OF AMERICAN
VETERANS, U.S.A.
Sec.
170501.
Definition.
170502.
Organization.
170503.
Purposes.
170504.
Membership.
170505.
Governing body.
170506.
Powers.
170507.
Restrictions.
170508.
Duty to maintain tax-exempt status.
170509.
Records and inspection.
170510.
Service of process.
170511.
Liability for acts of officers and agents.
170512.
Annual report.
221
§ 170501. Definition
For purposes of this chapter, ‘‘State’’ includes the District of Columbia and
the territories and possessions of the United States.
§ 170502. Organization
(a) FEDERAL CHARTER.—Polish Legion of American Veterans, U.S.A. (in
this chapter, the ‘‘corporation’’), a nonprofit corporation incorporated in Illi-
nois, 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.
§ 170503. Purposes
The purposes of the corporation are as provided in its articles of incorpora-
tion. The corporation shall function as a veterans’ and patriotic organization
as authorized by the laws of each State in which it is incorporated.
§ 170504. Membership
(a) ELIGIBILITY.—Except as provided in this chapter, eligibility for mem-
bership 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.
§ 170505. Governing body
(a) BOARD OF DIRECTORS.—The board of directors and the responsibilities
of the board are as provided in the articles of incorporation.
(b) OFFICERS.—The officers and the election of officers are as provided in
the articles of incorporation.
(c) NONDISCRIMINATION.—The requirements for holding office in the cor-
poration may not discriminate on the basis of race, color, religion, or na-
tional origin.
§ 170506. Powers
The corporation has only the powers provided in its bylaws and articles
of incorporation filed in each State in which it is incorporated.
§ 170507. Restrictions
(a) STOCK AND DIVIDENDS.—The corporation may not issue stock or de-
clare 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 of-
222
ficer 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 cor-
poration may not claim congressional approval or the authority of the United
States Government for any of its activities.
§ 170508. Duty to maintain tax-exempt status
The corporation shall maintain its status as an organization exempt from
taxation under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.).
§ 170509. Records and inspection
(a) RECORDS.—The corporation shall keep—
(1) correct and complete records of account;
(2) minutes of the proceedings of its members, board of directors, and
committees having any of the authority of its board of directors; and
(3) at its principal office, a record of the names and addresses of its
members entitled to vote.
(b) INSPECTION.—A member entitled to vote, or an agent or attorney of the
member, may inspect the records of the corporation for any proper purpose,
at any reasonable time.
§ 170510. Service of process
The corporation shall comply with the law on service of process of each
State in which it is incorporated and each State in which it carries on activi-
ties.
§ 170511. Liability for acts of officers and agents
The corporation is liable for the acts of its officers and agents acting within
the scope of their authority.
§ 170512. Annual report
The corporation shall submit an annual report to Congress on the activities
of the corporation during the prior fiscal year. The report shall be submitted
at the same time as the report of the audit required by section 10101 of this
title. The report may not be printed as a public document.
CHAPTER 1801—[RESERVED]
CHAPTER 1901—RESERVE OFFICERS ASSOCIATION OF
THE UNITED STATES
Sec.
190101.
Organization.
190102.
Purposes.
190103.
Membership.
190104.
Governing body.
190105.
Powers.
190106.
Exclusive right to name, seals, emblems, and badges.
190107.
Restrictions.
190108.
Headquarters.
223
190109.
Records and inspection.
190110.
Service of process.
190111.
Liability for acts of officers and agents.
190112.
Distribution of assets on dissolution or final liquidation.
§ 190101. Organization
(a) FEDERAL CHARTER.—Reserve Officers Association of the United States
(in this chapter, the ‘‘corporation’’) is a federally chartered corporation.
(b) PERPETUAL EXISTENCE.—Except as otherwise provided, the corpora-
tion has perpetual existence.
§ 190102. Purposes
The purposes of the corporation are to support and promote the develop-
ment and execution of a military policy for the United States that will pro-
vide adequate national security.
§ 190103. Membership
(a) ELIGIBILITY.—Eligibility for membership in the corporation is as pro-
vided in the constitution and bylaws of the corporation.
(b) VOTING.—Each active member of a department or chapter has one vote
in the conduct of official business of that department or chapter.
§ 190104. Governing body
(a) NATIONAL CONVENTION.—The corporation shall hold an annual na-
tional convention. The national convention shall be composed of delegates
elected by the various departments.
(b) NATIONAL EXECUTIVE COMMITTEE.—(1) The national executive com-
mittee is the governing body of the corporation.
(2) The national executive committee consists of the president, the last past
president, 3 vice presidents, 3 junior vice presidents, 3 national executive
committee members, and the executive director. Each of these individuals, ex-
cept the executive director, has one vote on each matter decided by the com-
mittee.
(c) OFFICERS.—(1) The officers of the corporation are a president, 3 vice
presidents, 3 junior vice presidents, 3 national executive committee members,
an executive director, a national treasurer, a judge advocate, a surgeon, a
chaplain, a historian, a public relations officer, and other officers as decided
at the national convention.
(2) The national officers of the corporation shall be elected at the annual
national convention, except for the executive director, the national treasurer,
and the national public relations officer, who shall be appointed by the na-
tional executive committee.
(3) The elected officers shall hold office for one year or until their successors
have been elected and qualified.
(d) VACANCIES.—(1) Except for the positions of president and last past
president, a vacancy on the national executive committee shall be filled by
224
the existing members of the committee. An individual appointed by the com-
mittee 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 na-
tional vice president of the same service as the president shall act as presi-
dent.
§ 190105. Powers
The corporation may—
(1) adopt and amend a constitution and bylaws;
(2) adopt and alter a corporate seal;
(3) adopt and alter emblems and badges;
(4) acquire, own, lease, encumber, and transfer property as necessary
to carry out the purposes of the corporation;
(5) publish a magazine, newspaper, and other publications;
(6) establish, regulate, and discontinue subordinate departmental sub-
divisions and local chapters;
(7) sue and be sued; and
(8) do any other act necessary and proper to carry out the purposes
of the corporation.
§ 190106. Exclusive right to name, seals, emblems, and
badges
The corporation and its subordinate departmental subdivisions and local
chapters have the exclusive right to use the name ‘‘Reserve Officers Association
of the United States’’ and seals, emblems, and badges the corporation adopts.
§ 190107. Restrictions
(a) PROFIT.—The corporation may not engage in business for profit.
(b) STOCK.—The corporation may not issue stock.
(c) POLITICAL ACTIVITIES.—The corporation or an officer or member as
such may not contribute to, support, or assist a political party or candidate
for public office.
(d) DISTRIBUTION OF INCOME OR ASSETS.—The income or assets of the
corporation may not inure to the benefit of, or be distributed to, an officer
or member except on dissolution or final liquidation of the corporation.
(e) LOANS.—The corporation may not make a loan or advance to an officer
or member of the national executive committee. Members of the national exec-
utive committee who vote for or assent to making a loan or advance to an
officer, and officers who participate in making the loan or advance, are joint-
ly and severally liable to the corporation for the amount of the loan or ad-
vance until it is repaid.
225
§ 190108. Headquarters
The headquarters of the corporation shall be in the District of Columbia.
§ 190109. Records and inspection
(a) RECORDS.—The corporation shall keep—
(1) correct and complete records of account;
(2) minutes of the proceedings of its national conventions, national ex-
ecutive committee, and national council; and
(3) at its principal office, a record of the names and addresses of its
members entitled to vote.
(b) INSPECTION.—A member entitled to vote, or an agent or attorney of the
member, may inspect the records of the corporation for any proper purpose,
at any reasonable time.
§ 190110. Service of process
(a) DISTRICT OF COLUMBIA.—The corporation shall have a designated
agent in the District of Columbia to receive service of process for the corpora-
tion. Notice to or service on the agent is notice to or service on the corpora-
tion.
(b) STATES, TERRITORIES, AND POSSESSIONS.—As a condition to the exer-
cise of any power or privilege granted by this chapter, the corporation shall
file, with the secretary of state or other designated official of each State, terri-
tory, or possession of the United States in which a subordinate department
or local chapter is organized, the name and address of an agent in that State,
territory, or possession on whom legal process or demands against the cor-
poration may be served.
§ 190111. Liability for acts of officers and agents
The corporation is liable for the acts of its officers and agents acting within
the scope of their authority.
§ 190112. Distribution of assets on dissolution or final liq-
uidation
On dissolution or final liquidation of the corporation, any assets remaining
after the discharge of all liabilities shall be divided equally among the then
active officers and members.
CHAPTER 1903—RETIRED ENLISTED ASSOCIATION,
INCORPORATED
Sec.
190301.
Definition.
190302.
Organization.
190303.
Purposes.
190304.
Membership.
190305.
Governing body.
190306.
Powers.
190307.
Exclusive right to name, seals, emblems, and badges.
190308.
Restrictions.
190309.
Duty to maintain tax-exempt status.
226
190310.
Records and inspection.
190311.
Service of process.
190312.
Liability for acts of officers and agents.
190313.
Annual report.
§ 190301. Definition
For purposes of this chapter, ‘‘State’’ includes the District of Columbia and
the territories and possessions of the United States.
§ 190302. Organization
(a) FEDERAL CHARTER.—Retired Enlisted Association, Incorporated (in
this chapter, the ‘‘corporation’’), a nonprofit corporation incorporated in Col-
orado, 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.
§ 190303. Purposes
The purposes of the corporation are as provided in its articles of incorpora-
tion and bylaws and include—
(1) upholding and defending the Constitution of the United States;
(2) promoting health, prosperity, and scholarship among its members
and their dependents and survivors through benevolent programs;
(3) assisting veterans and their dependents and survivors through a
service program established for that purpose;
(4) improving conditions for retired enlisted service members, veterans,
and their dependents and survivors; and
(5) fostering fraternal and social activities among its members in rec-
ognition that cooperative action is required for the furtherance of their
common interests.
§ 190304. Membership
(a) ELIGIBILITY.—Except as provided in this chapter, eligibility for mem-
bership in the corporation and the rights and privileges of members are as
provided in the articles of incorporation and bylaws.
(b) NONDISCRIMINATION.—The terms of membership may not discriminate
on the basis of race, color, religion, sex, disability, age, or national origin.
§ 190305. Governing body
(a) BOARD OF DIRECTORS.—The board of directors and the responsibilities
of the board are as provided in the articles of incorporation.
(b) OFFICERS.—The officers and the election of officers are as provided in
the articles of incorporation.
(c) NONDISCRIMINATION.—The requirements for serving as a director or of-
ficer may not discriminate on the basis of race, color, religion, sex, disability,
age, or national origin.
227
§ 190306. Powers
The corporation has only the powers provided in its bylaws and articles
of incorporation filed in each State in which it is incorporated.
§ 190307. Exclusive right to name, seals, emblems, and
badges
The corporation has the exclusive right to use the names ‘‘The Retired En-
listed Association, Incorporated’’, ‘‘The Retired Enlisted Association’’, ‘‘Re-
tired Enlisted Association’’, and ‘‘TREA’’ and seals, emblems, and badges the
corporation adopts. This section does not affect any vested rights.
§ 190308. Restrictions
(a) STOCK AND DIVIDENDS.—The corporation may not issue stock or de-
clare or pay a dividend.
(b) DISTRIBUTION OF INCOME OR ASSETS.—The income or assets of the
corporation may not inure to the benefit of, or be distributed to, a director,
officer, or member during the life of the charter granted by this chapter. This
subsection does not prevent the payment of reasonable compensation to an of-
ficer or reimbursement for actual necessary expenses in amounts approved by
the board of directors.
(c) LOANS.—The corporation may not make a loan to a director, officer,
or employee.
(d) CLAIM OF GOVERNMENTAL APPROVAL OR AUTHORITY.—The corpora-
tion may not claim congressional approval or the authority of the United
States Government for any of its activities.
§ 190309. Duty to maintain tax-exempt status
The corporation shall maintain its status as an organization exempt from
taxation under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.).
§ 190310. Records and inspection
(a) RECORDS.—The corporation shall keep—
(1) correct and complete records of account;
(2) minutes of the proceedings of its members, board of directors, and
committees having any of the authority of its board of directors; and
(3) at its principal office, a record of the names and addresses of its
members entitled to vote.
(b) INSPECTION.—A member entitled to vote, or an agent or attorney of the
member, may inspect the records of the corporation for any proper purpose,
at any reasonable time.
§ 190311. Service of process
The corporation shall comply with the law on service of process of each
State in which it is incorporated and each State in which it carries on activi-
ties.
228
§ 190312. Liability for acts of officers and agents
The corporation is liable for the acts of its officers and agents acting within
the scope of their authority.
§ 190313. Annual report
The corporation shall submit an annual report to Congress on the activities
of the corporation during the prior fiscal year. The report shall be submitted
at the same time as the report of the audit required by section 10101 of this
title. The report may not be printed as a public document.
CHAPTER 2001—SOCIETY OF AMERICAN FLORISTS AND
ORNAMENTAL HORTICULTURISTS
Sec.
200101.
Organization.
200102.
Purposes.
200103.
Powers.
200104.
Restrictions.
200105.
Principal office.
200106.
Nonapplication of audit requirements.
§ 200101. Organization
Society of American Florists and Ornamental Horticulturists (in this
chapter, the ‘‘corporation’’) is a body corporate and politic in the District of
Columbia.
§ 200102. Purposes
The purposes of the corporation are to educate members of the florist indus-
try and the public, and to promote scientific development, in floriculture and
horticulture.
§ 200103. Powers
The corporation may—
(1) adopt a constitution and bylaws for the management of its prop-
erty and the regulation of its affairs; and
(2)(A) hold property, in the District of Columbia or elsewhere, nec-
essary to carry out the purposes of the corporation, in an amount not
to exceed $1,000,000; and
(B) hold other property donated or bequeathed in any State or terri-
tory of the United States.
§ 200104. Restrictions
(a) PROFIT.—The corporation may not operate for profit.
(b) USE OF EARNINGS.—Earnings generated by the corporation may be
used only for the purposes provided in section 200102 of this title.
(c) USE OF PROPERTY.—Property held by the corporation, and the pro-
ceeds from the property, may be used only for the purposes provided in section
200102 of this title.
(d) PARKS IN THE DISTRICT OF COLUMBIA.—The corporation may not oc-
cupy any park in the District of Columbia.
229
§ 200105. Principal office
The principal office of the corporation shall be located in the District of
Columbia. However, annual meetings may be held wherever the corporation
decides.
§ 200106. Nonapplication of audit requirements
The audit requirements of section 10101 of this title do not apply to the
corporation.
CHAPTER 2003—SONS OF UNION VETERANS OF THE
CIVIL WAR
Sec.
200301.
Organization.
200302.
Purposes.
200303.
Membership.
200304.
Governing body.
200305.
Powers.
200306.
Exclusive right to name, seals, emblems, and badges.
200307.
Restrictions.
200308.
Principal office.
200309.
Records and inspection.
200310.
Service of process.
200311.
Liability for acts of officers and agents.
200312.
Annual report.
200313.
Distribution of assets on dissolution or final liquidation.
§ 200301. Organization
(a) FEDERAL CHARTER.—Sons of Union Veterans of the Civil War (in this
chapter, the ‘‘corporation’’) is a federally chartered corporation.
(b) PLACE OF INCORPORATION AND DOMICILE.—The corporation is de-
clared to be incorporated and domiciled in the District of Columbia.
(c) PERPETUAL EXISTENCE.—Except as otherwise provided, the corpora-
tion has perpetual existence.
§ 200302. Purposes
The purposes of the corporation are—
(1) to perpetuate the memory of the Grand Army of the Republic and
of the men who saved the Union in 1861 to 1865;
(2) to assist in every practicable way in preserving, and making
available for research, documents and records pertaining to the Grand
Army of the Republic and its members;
(3) to cooperate in honoring all those who have served our country pa-
triotically in any war;
(4) to teach patriotism, the duties of citizenship, the true history of
our country, and the love and honor of our flag;
(5) to oppose every tendency or movement that would weaken loyalty
to, destroy, or impair our constitutional Union; and
(6) to inculcate and broadly sustain the American principles of rep-
resentative government, equal rights, and impartial justice for all.
230
§ 200303. Membership
(a) GENERAL.—Except as provided in this chapter, eligibility for member-
ship in the corporation and the rights, privileges, and designation of classes
of members are as provided in the constitution and bylaws of the corporation.
(b) REQUIRED SERVICE.—Eligibility for membership in the corporation is
limited to male blood relatives of an individual who—
(1) served at any time during the period from April 12, 1861, through
April 9, 1865, as a soldier or sailor in—
(A) the United States Army, Navy, Marine Corps, or Revenue-
Cutter Service; or
(B) a State regiment that was called into active service and was
subject to orders of United States general officers during that period;
and
(2) was discharged honorably from, or died in, that service.
§ 200304. Governing body
(a) NATIONAL ENCAMPMENT.—(1) The national encampment is the su-
preme governing authority of the corporation.
(2) The national encampment is composed of officers and elected represent-
atives from the States and other local subdivisions of the corporation as pro-
vided in the constitution and bylaws. However, the form of government of the
corporation must be representative of the membership at large and may not
permit concentration of control in a limited number of members or in a self-
perpetuating group not representative of the membership at large.
(3) The meetings of the national encampment may be held in the District
of Columbia or in any State, territory, or possession of the United States.
(b) COUNCIL OF ADMINISTRATION.—(1) During the intervals between the
national encampments, the council of administration is the governing board
of the corporation and is responsible for the general policies, program, and
activities of the corporation.
(2) The council of administration shall consist of at least 7 members elected
in the manner and for the term provided in the constitution and bylaws.
(c) OFFICERS.—(1) The officers of the corporation are a commander in
chief, a senior vice commander in chief, a junior vice commander in chief,
a secretary, a treasurer, and other officers as provided in the constitution and
bylaws. One individual may hold the offices of secretary and treasurer.
(2) The manner of selection, term of office, and duties of the officers are
as provided in the constitution and bylaws.
§ 200305. Powers
The corporation may—
(1) adopt and amend a constitution and bylaws for the management
of its property and the regulation of its affairs;
231
(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 ob-
ligations by granting security interests in its property;
(7) sue and be sued; and
(8) do any other act necessary and proper to carry out the purposes
of the corporation.
§ 200306. Exclusive right to name, seals, emblems, and
badges
The corporation and its subordinate divisions have the exclusive right to
use the name ‘‘Sons of Union Veterans of the Civil War’’. The corporation
has the exclusive right to use and to allow others to use seals, emblems, and
badges the corporation adopts.
§ 200307. Restrictions
(a) STOCK AND DIVIDENDS.—The corporation may not issue stock or de-
clare or pay a dividend.
(b) POLITICAL ACTIVITIES.—The corporation or an officer or agent as such
may not contribute to, support, or assist a political party or candidate for
public office.
(c) DISTRIBUTION OF INCOME OR ASSETS.—The income or assets of the
corporation may not inure to the benefit of, or be distributed to, an officer
or member during the life of the corporation or on its dissolution or final
liquidation. This subsection does not prevent the payment of compensation to
an officer or reimbursement for actual necessary expenses in amounts ap-
proved by the council of administration of the corporation.
(d) LOANS.—The corporation may not make a loan or advance to an officer
or employee. Members of the council of administration who vote for or assent
to making a loan or advance to an officer or employee, and officers who par-
ticipate 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.
§ 200308. Principal office
The principal office of the corporation shall be in Trenton, New Jersey, or
another place decided by the council of administration. However, the activi-
ties of the corporation are not confined to the place where the principal office
is located but may be conducted in the District of Columbia and throughout
the States, territories, and possessions of the United States.
232
§ 200309. Records and inspection
(a) RECORDS.—The corporation shall keep—
(1) correct and complete records of account; and
(2) minutes of the proceedings of its national encampments and coun-
cil 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 reason-
able time.
§ 200310. Service of process
The corporation shall have a designated agent in the District of Columbia
to receive service of process for the corporation. Notice to or service on the
agent, or mailed to the business address of the agent, is notice to or service
on the corporation.
§ 200311. Liability for acts of officers and agents
The corporation is liable for the acts of its officers and agents acting within
the scope of their authority.
§ 200312. Annual report
Not later than March 1 of each year, the corporation shall submit a report
to Congress on the activities of the corporation during the prior fiscal year.
The report may consist of a report on the proceedings of the national encamp-
ment. The report may not be printed as a public document.
§ 200313. Distribution of assets on dissolution or final liq-
uidation
On dissolution or final liquidation of the corporation, any assets remaining
after the discharge of all liabilities shall be distributed as provided by the
council of administration, but in compliance with the constitution and bylaws
of the corporation.
CHAPTER 2101—THEODORE ROOSEVELT ASSOCIATION
Sec.
210101.
Organization.
210102.
Purposes.
210103.
Membership.
210104.
Governing body.
210105.
Powers.
210106.
Restrictions.
210107.
Nonapplication of audit requirements.
§ 210101. Organization
(a) FEDERAL CHARTER.—Theodore Roosevelt Association (in this chapter,
the ‘‘corporation’’) is a body corporate and politic in the District of Colum-
bia.
(b) PERPETUAL EXISTENCE.—Except as otherwise provided, the corpora-
tion has perpetual existence.
233
§ 210102. Purposes
The purposes of the corporation are—
(1) to perpetuate the memory of Theodore Roosevelt for the benefit of
the people of the United States and the world; and
(2) to solicit, receive, hold, and maintain funds, and to apply the
principal of the funds and the income from those funds to the following
objects, among others:
(A) the erection and maintenance of a suitable and adequate
monumental memorial in the District of Columbia to the memory
of Theodore Roosevelt.
(B) the acquisition, development, and maintenance of a public
park in memory of Theodore Roosevelt in Oyster Bay, New York.
(C) the establishment and maintenance of an endowment fund to
promote the development and application of the policies and ideals
of Theodore Roosevelt for the benefit of the American people.
(D) the donation of real and personal property, including part
or all of its endowment fund, to a public agency for the purpose
of preserving in public ownership historically significant property
associated with the life of Theodore Roosevelt.
§ 210103. Membership
Eligibility for membership in the corporation is as provided in regulations
adopted by the board of trustees.
§ 210104. Governing body
(a) BOARD OF TRUSTEES.—A self-perpetuating board of trustees shall man-
age 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.
§ 210105. Powers
The corporation may—
(1) adopt a constitution, bylaws, and regulations;
(2) adopt and alter a corporate seal;
(3) acquire and own property necessary to carry out the purposes of
the corporation;
(4) give and dedicate its property to public agencies and purposes;
(5) maintain offices, hold meetings, and conduct business affairs in the
District of Columbia and in the States, territories, and possessions of the
United States;
234
(6) sue and be sued within the jurisdiction of the United States; and
(7) do any other act necessary and proper to carry out the purposes
of the corporation.
§ 210106. Restrictions
(a) EXCLUSIVELY EDUCATIONAL PURPOSES.—The corporation shall be op-
erated exclusively for educational purposes.
(b) STOCKS AND DIVIDENDS.—The corporation may not issue stock or de-
clare or pay a dividend.
(c) DISTRIBUTIONS OF INCOME OR ASSETS.—The income or assets of the
corporation may not inure to the benefit of any member or individual.
§ 210107. Nonapplication of audit requirements
The audit requirements of section 10101 of this title do not apply to the
corporation.
CHAPTER 2103—369TH VETERANS’ ASSOCIATION
Sec.
210301.
Definition.
210302.
Organization.
210303.
Purposes.
210304.
Membership.
210305.
Governing body.
210306.
Powers.
210307.
Exclusive right to name, seals, emblems, and badges.
210308.
Restrictions.
210309.
Duty to maintain tax-exempt status.
210310.
Records and inspection.
210311.
Service of process.
210312.
Liability for acts of officers and agents.
210313.
Annual report.
§ 210301. Definition
For purposes of this chapter, ‘‘State’’ includes the District of Columbia and
the territories and possessions of the United States.
§ 210302. Organization
(a) FEDERAL CHARTER.—369th Veterans’ Association (in this chapter, the
‘‘corporation’’), a nonprofit corporation incorporated in New York, is a feder-
ally 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.
§ 210303. Purposes
The purposes of the corporation are as provided in the articles of incorpo-
ration and include—
(1) promoting the principles of friendship and good will among its
members;
(2) engaging in social and civic activities that tend to enhance the
welfare of its members and inculcate the true principles of good citizen-
ship in its members; and
235
(3) memorializing, individually and collectively, the patriotic services
of its members in the 369th antiaircraft artillery group and other units
in the armed forces of the United States.
§ 210304. Membership
(a) ELIGIBILITY.—Except as provided in this chapter, eligibility for mem-
bership 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.
§ 210305. Governing body
(a) BOARD OF DIRECTORS.—The board of directors and the responsibilities
of the board are as provided in the articles of incorporation.
(b) OFFICERS.—The officers and the election of officers are as provided in
the articles of incorporation.
(c) NONDISCRIMINATION.—The requirements for holding office in the cor-
poration may not discriminate on the basis of race, color, religion, or na-
tional origin.
§ 210306. Powers
The corporation has only the powers provided in its bylaws and articles
of incorporation filed in each State in which it is incorporated.
§ 210307. Exclusive right to name, seals, emblems, and
badges
The corporation has the exclusive right to use the name ‘‘369th Veterans’
Association’’ and seals, emblems, and badges the corporation adopts. This sec-
tion does not affect any vested rights.
§ 210308. Restrictions
(a) STOCKS AND DIVIDENDS.—The corporation may not issue stock or de-
clare 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 of-
ficer 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.
236
(e) CLAIM OF GOVERNMENTAL APPROVAL OR AUTHORITY.—The corporation
may not claim congressional approval or the authority of the United States
Government for any of its activities.
§ 210309. Duty to maintain tax-exempt status
The corporation shall maintain its status as an organization exempt from
taxation under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.).
§ 210310. Records and inspection
(a) RECORDS.—The corporation shall keep—
(1) correct and complete records of account;
(2) minutes of the proceedings of its members, the board of directors,
and committees having any of the authority of its board of directors; and
(3) at its principal office, a record of the names and addresses of its
members entitled to vote.
(b) INSPECTION.—A member entitled to vote, or an agent or attorney of the
member, may inspect the records of the corporation for any proper purpose,
at any reasonable time.
§ 210311. Service of process
The corporation shall comply with the law on service of process of each
State in which it is incorporated and each State in which it carries on activi-
ties.
§ 210312. Liability for acts of officers and agents
The corporation is liable for the acts of its officers and agents acting within
the scope of their authority.
§ 210313. Annual report
The corporation shall submit an annual report to Congress on the activities
of the corporation during the prior fiscal year. The report shall be submitted
at the same time as the report of the audit required by section 10101 of this
title. The report may not be printed as a public document.
CHAPTER 2201—UNITED SERVICE ORGANIZATIONS,
INCORPORATED
Sec.
220101.
Organization.
220102.
Purposes.
220103.
Membership.
220104.
Governing body.
220105.
Powers.
220106.
Exclusive right to name, seals, emblems, and badges.
220107.
Assistance by Department of Defense.
220108.
Restrictions.
220109.
Duty to maintain corporate status.
220110.
Principal office.
220111.
Records and inspection.
220112.
Service of process.
220113.
Annual report.
220114.
Distribution of assets on dissolution or final liquidation.
237
§ 220101. Organization
(a) FEDERAL CHARTER.—United Service Organizations, Incorporated (in
this chapter, the ‘‘corporation’’), is a federally chartered corporation.
(b) PERPETUAL EXISTENCE.—Except as otherwise provided, the corpora-
tion has perpetual existence.
§ 220102. Purposes
The purposes of the corporation are—
(1) to provide a voluntary civilian agency through which the people
of this Nation may, in peace or war, serve the religious, spiritual, social,
welfare, educational, and entertainment needs of men and women in the
armed forces, within or without the territorial limits of the United
States;
(2) to contribute to the maintenance of morale of men and women in
the armed forces;
(3) to solicit funds to maintain the organization and accomplish its
responsibility;
(4) to accept the cooperation of, and provide an organization and
means through which, the National Board of Young Men’s Christian As-
sociations, the National Board of Young Women’s Christian Associations,
the National Catholic Community Service, the Salvation Army, the Na-
tional Jewish Welfare Board, the Travelers Aid-International Social
Service of America, and other civilian agencies experienced in specialized
types of related work, which may be needed adequately to meet the par-
ticular needs of the members of the armed forces, may carry on their his-
toric work of serving the religious, spiritual, social, welfare, educational,
and entertainment needs of men and women in the armed forces and be
afforded an appropriate means of participation and financial assistance;
(5) to coordinate their programs; and
(6) other consonant purposes.
§ 220103. Membership
Except as provided in this chapter, the rights, privileges, and designation
of classes of members are as provided in the bylaws. The membership of the
corporation consists of—
(1) 9 individuals designated by the President; and
(2) representatives of the civilian organizations listed in section
220102(4) of this title, and of the public at large, as provided in the by-
laws.
§ 220104. Governing body
(a) BOARD OF GOVERNORS.—(1) The board of governors is the governing
body of the corporation. The board is responsible for the general policies and
238
program of the corporation and for the control of the affairs and property
of the corporation.
(2) The board shall be elected by the members of the corporation for the
term and in the classes provided in the bylaws of the corporation. The board
includes—
(A) 6 members appointed by the President;
(B) the Secretary of State or the Secretary’s designee; and
(C) representatives of the civilian organizations listed in section
220102(4) of this title, and of the public at large, as provided in the by-
laws.
(3) The corporation may have other governing bodies or committees as pro-
vided in the bylaws.
(b) OFFICERS.—(1) The office of honorary chairman of the corporation
shall be offered to the President. On acceptance, the honorary chairman shall
be invited to preside at meetings of the corporation that the honorary chair-
man deems appropriate and convenient.
(2) The corporation may have other officers as provided in the bylaws.
§ 220105. Powers
The corporation has all the powers necessary and proper to carry out the
purposes stated in section 220102 of this title, including the power—
(1) to adopt and amend bylaws and regulations for the management
of its property and the regulation of its affairs;
(2) to adopt and alter a corporate seal;
(3) to adopt and alter emblems and marks;
(4) to establish and maintain offices to conduct the affairs of the cor-
poration;
(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 nec-
essary 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 sec-
tion 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 pur-
poses stated in section 220102 of this title.
239
§ 220106. Exclusive right to name, seals, emblems, and
badges
The corporation and its councils, organizations, chapters, and affiliates
have the exclusive right to use the names ‘‘United Service Organizations, In-
corporated’’ and ‘‘USO’’ and seals, emblems, and badges the corporation
adopts.
§ 220107. Assistance by Department of Defense
The Secretary of Defense may make the resources of the Department of De-
fense available to the corporation to the extent compatible with the primary
mission of the Department and in accordance with guidelines issued by the
Secretary.
§ 220108. Restrictions
(a) PROFIT.—The corporation may not engage in business activity for prof-
it unless the activity is substantially related to—
(1) the purposes stated in section 220102 of this title; or
(2) raising funds to accomplish those purposes.
(b) STOCK AND DIVIDENDS.—The corporation may not issue stock or de-
clare or pay a dividend.
(c) POLITICAL ACTIVITIES.—The corporation shall be nonpolitical and may
not provide financial aid or assistance to, or otherwise promote the candidacy
of, an individual seeking elective public office. A substantial part of the ac-
tivities of the corporation may not involve carrying on propaganda or other-
wise attempting to influence legislation.
(d) DISTRIBUTION OF INCOME OR ASSETS.—The income or assets of the
corporation may not inure to the benefit of a governor, officer, member, or
employee or be distributed to any person during the life of the corporation
or on its dissolution or final liquidation. This subsection does not prevent the
payment of reasonable compensation to an officer, employee, or other person
or reimbursement for actual necessary expenses in amounts approved by the
board of governors.
(e) LOANS.—The corporation may not make a loan to a governor, officer,
member, or employee.
§ 220109. Duty to maintain corporate status
The corporation shall maintain its status as a corporation incorporated
under the laws of New York, another State, or the District of Columbia.
§ 220110. Principal office
The principal office of the corporation shall be in New York, New York,
or another place decided by the board of governors. However, the activities
of the corporation are not confined to the place where the principal office is
located but may be conducted throughout the States, territories, and posses-
sions of the United States and in foreign countries.
240
§ 220111. Records and inspection
(a) RECORDS.—The corporation shall keep—
(1) correct and complete records of account;
(2) minutes of the proceedings of its members, board of governors, and
committees having any of the authority of its board of governors; and
(3) at its principal office, a record of the names and addresses of its
members entitled to vote.
(b) INSPECTION.—A member, or an agent or attorney of the member, may
inspect the records of the corporation for any proper purpose, at any reason-
able time.
§ 220112. Service of process
(a) DISTRICT OF COLUMBIA.—The corporation shall have a designated
agent in the District of Columbia to receive service of process for the corpora-
tion. Notice to or service on the agent, or mailed to the business address of
the agent, is notice to or service on the corporation.
(b) STATES, TERRITORIES, AND POSSESSIONS.—The corporation shall file,
with the secretary of state or other designated official of each State, territory,
or possession of the United States in which the corporation or a council, orga-
nization, chapter, or affiliate may have activities, the name and address of
an agent in that State, territory, or possession on whom legal process or de-
mands against the corporation may be served.
§ 220113. Annual report
The corporation shall make public an annual report on its activities for
the prior calendar year.
§ 220114. Distribution of assets on dissolution or final liq-
uidation
On dissolution or final liquidation of the corporation, any assets remaining
after the discharge of all liabilities shall be distributed as provided by the
board of governors, but in compliance with the bylaws. However, the assets
of the corporation are irrevocably dedicated to charitable purposes and may
not inure to the benefit of a private person except a fund, foundation, or orga-
nization operated exclusively for charitable purposes.
CHAPTER 2203—UNITED STATES CAPITOL HISTORICAL
SOCIETY
Sec.
220301.
Organization.
220302.
Purposes.
220303.
Membership.
220304.
Governing body.
220305.
Powers.
220306.
Exclusive right to name, seals, emblems, insignia, marks, and words.
220307.
Tax exemption.
220308.
Restrictions.
220309.
Duty to maintain corporate status.
241
220310.
Principal office.
220311.
Records and inspection.
220312.
Service of process.
220313.
Liability for acts of officers and agents.
220314.
Annual report and audit.
220315.
Distribution of assets on dissolution or final liquidation.
§ 220301. Organization
(a) FEDERAL CHARTER.—United States Capitol Historical Society (in this
chapter, the ‘‘corporation’’) is a federally chartered corporation.
(b) PLACE OF INCORPORATION.—The corporation is declared to be incor-
porated in the District of Columbia.
(c) PERPETUAL EXISTENCE.—Except as otherwise provided, the corpora-
tion has perpetual existence.
§ 220302. Purposes
The purposes of the corporation are—
(1) to encourage in the most comprehensive and enlightened manner
an understanding by the American people of the founding, growth, and
significance of the Capitol of the United States as the tangible symbol
of their representative form of government;
(2) to undertake research into the history of the Congress and the Cap-
itol and to promote discussion, publication, and dissemination of the re-
sults of this research;
(3) to foster and increase an informed patriotism among the citizens
in the study of this living memorial to the founders of this Nation and
the continuing thread of principles as exemplified by their successors;
and
(4) to cooperate with the standing committees of Congress, the Library
of Congress, the Architect of the Capitol, and relevant departments, agen-
cies, and instrumentalities of the executive branch of the United States
Government in carrying out the purposes of the corporation.
§ 220303. Membership
Except as provided in this chapter, eligibility for membership in the cor-
poration and the rights and privileges of members are as provided in the con-
stitution and bylaws of the corporation.
§ 220304. Governing body
(a) BOARD OF TRUSTEES.—(1) The board of trustees is the governing body
of the corporation. The board is responsible for the control of all funds and
affairs of the corporation.
(2) Exclusive of ex officio and honorary members, the board shall consist
of at least 12 but not more than 40 trustees, one of whom shall be elected
chairman. Trustees shall be elected by the board of trustees, for a term of 4
years. A trustee may not be reelected as a trustee within one year of the expi-
ration of the prior term, except by the unanimous vote of the trustees present
242
and voting. A trustee may be removed at any time, with or without cause,
by a two-thirds vote of the other trustees.
(3) The officers of the corporation are ex officio members of the board with
all the rights and privileges of trustees, including the right to vote.
(4) The board shall meet at least once a year in the Capitol of the United
States. The board may meet at other times as decided by the chairman. A
meeting may be held only at a time and place stated in the bylaws or on
30 days’ written notice.
(b) OFFICERS.—(1) The officers of the corporation are a president, 5 vice
presidents, a treasurer, and a secretary. The president is the chief executive
officer.
(2) The officers shall be elected annually by the board of trustees and con-
tinue in office at the pleasure of the board.
(3) The duties of the officers are the usual duties pertaining to their offices
and any additional duties delegated by the board.
(4) Officers may be compensated for their services, and reimbursed for ac-
tual expenses, in amounts decided by the board.
(c) EMPLOYEES.—The board of trustees may employ an executive secretary
and other personnel needed to assist the board and the officers to carry out
the activities of the corporation. Employees serve at the pleasure of the board.
The board shall prescribe the compensation and duties of employees.
§ 220305. Powers
The corporation may—
(1) adopt and amend a constitution and bylaws for the management
of its property and the regulation of its affairs;
(2) adopt and alter a corporate seal;
(3) choose officers, managers, and agents as the activities of the cor-
poration 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 ob-
ligations by granting security interests in its property;
(7) produce, buy, and market commemorative medals, souvenirs, publi-
cations, pictures, and cinemas consistent with the purposes of the cor-
poration;
(8) charge and collect membership dues;
(9) conduct fund raising campaigns and accept contributions;
(10) sue and be sued; and
(11) do any other act necessary and proper to carry out the purposes
of the corporation.
243
§ 220306. Exclusive right to name, seals, emblems, insignia,
marks, and words
The corporation has the exclusive right to use the name ‘‘United States
Capitol Historical Society’’ and seals, emblems, distinctive insignia, and de-
scriptive or designating marks, words, or phrases required to carry out the
duties and powers of the corporation. This section does not affect any vested
rights.
§ 220307. Tax exemption
Notwithstanding section 105 of title 4 of the United States Code or any
provision of the District of Columbia Code, the corporation is not required
to pay, collect, or account for any tax specified in those provisions in connec-
tion with activities conducted within, or on the grounds of, the United States
Capitol Building.
§ 220308. Restrictions
(a) STOCK AND DIVIDENDS.—The corporation may not issue stock or de-
clare or pay a dividend.
(b) DISTRIBUTION OF INCOME OR ASSETS.—The income or assets of the
corporation may not inure to the benefit of, or be distributed to, a trustee,
officer, or member as such during the life of the corporation or on its dissolu-
tion or final liquidation. This subsection does not prevent the payment of rea-
sonable compensation to an officer or employee or reimbursement for actual
expenses in amounts approved by the board of trustees.
(c) LOANS.—The corporation may not make a loan or advance to a trustee,
officer, or employee. Trustees who vote for or assent to making a loan or ad-
vance to a trustee, officer, or employee, and officers who participate in mak-
ing the loan or advance, are jointly and severally liable to the corporation
for the amount of the loan or advance until it is repaid.
§ 220309. Duty to maintain corporate status
The corporation shall maintain its status as a corporation incorporated
under the laws of the District of Columbia or a State.
§ 220310. Principal office
The principal office of the corporation shall be in the District of Columbia
or another place decided by the board of trustees. However, the activities of
the corporation are not confined to the place where the principal office is lo-
cated but may be conducted throughout the States, territories, and possessions
of the United States.
§ 220311. Records and inspection
(a) RECORDS.—The corporation shall keep—
(1) correct and complete records of account;
(2) minutes of the proceedings of its members, board of trustees, and
committees having any of the authority of its board of trustees; and