H. R. 1085—168
§ 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.
§ 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 com-
ply 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 incorporation and include a continuing commitment, on a national
basis—
(1) to conduct, record, and publish the results of research
on the history and deeds of the American colonists;
(2) to publish the memoirs of American colonists;
(3) to erect memorials to commemorate the history and
deeds of the American colonists;
(4) to promote respect and admiration for the institutions,
laws, and flag of the United States;
(5) to engage in mutual improvement and educational
activities;
(6) to establish scholarships to assist needy and deserving
students and to promote the improvement of educational
institutions;
(7) to engage in volunteer service and make contributions
to veterans hospitals; and
(8) to perform other charitable activities, including the
national presidents’ projects, as may be provided in the articles
of incorporation or bylaws of the Corporation.
§ 152904. Membership
(a) ELIGIBILITY.—Except as provided in this chapter, eligibility
for membership in the corporation and the rights and privileges
H. R. 1085—169
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 corporation may not discriminate on the basis of race, color,
religion, or national 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.
§ 152907. Exclusive right to name, seals, emblems, and
badges
The corporation has the exclusive right to use the name
‘‘National Society, Daughters of the American Colonists’’ and seals,
emblems, and badges the corporation adopts. This section does
not affect any vested rights.
§ 152908. Restrictions
(a) STOCK
AND DIVIDENDS.—The corporation may not issue
stock or declare or pay a dividend.
(b) POLITICAL ACTIVITIES.—The corporation or a director or
officer as such may not contribute to, support, or participate in
any political activity or in any manner attempt to influence legisla-
tion.
(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 pay-
ment of reasonable compensation to an officer or reimbursement
for actual necessary expenses in amounts approved by the board
of directors.
(d) LOANS.—The corporation may not make a loan to a director,
officer, or employee.
(e) CLAIM OF GOVERNMENTAL APPROVAL OR AUTHORIZATION.—
The corporation may not claim congressional approval or the author-
ity 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 incorporated.
(b) TAX-EXEMPT STATUS.—The corporation shall maintain its
status as an organization exempt from taxation under the Internal
Revenue Code of 1986 (26 U.S.C. 1 et seq.).
§ 152910. Records and inspection
(a) RECORDS.—The corporation shall keep—
H. R. 1085—170
(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.
§ 152911. Service of process
The corporation shall comply with the law on service of process
of each State in which it is incorporated and each State in which
it carries on activities.
§ 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 Revolu-
tion (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 erect-
ing monuments;
(B) encouraging historical research in relation to the
Revolution and publishing its results;
(C) preserving documents and relics and the records
of the individual services of Revolutionary soldiers and
patriots; and
(D) promoting celebrations of all patriotic anniver-
saries;
(2) carrying out the injunction of Washington, in his fare-
well address to the American people, ‘‘to promote, as an object
H. R. 1085—171
of primary importance, institutions for the general diffusion
of knowledge,’’ thus developing an enlightened public opinion
and affording to young and old such advantages as shall develop
in them the largest capacity for performing the duties of Amer-
ican citizens;
(3) cherishing, maintaining, and extending the institutions
of American freedom;
(4) fostering true patriotism and love of country; and
(5) aiding in securing for mankind all the blessings of
liberty.
§ 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 Revolution’’. 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 District of Columbia.
§ 153106. Deposit of historical material in Smithsonian
Institution
The Regents of the Smithsonian Institution may permit the
corporation to deposit its collections, manuscripts, books, pamphlets,
and other material for history in the Smithsonian Institution or
in the National Museum, on conditions and under rules they pre-
scribe.
§ 153107. Annual report
The corporation shall submit an annual report to the Secretary
of the Smithsonian Institution on the activities of the corporation.
The Secretary shall communicate to Congress any part of the report
that the Secretary considers of national interest and importance.
CHAPTER 1533—NATIONAL SOCIETY OF THE SONS OF
THE AMERICAN REVOLUTION
Sec.
153301. Organization.
153302. Purposes.
153303. Powers.
153304. Trustees.
§ 153301. Organization
National Society of the Sons of the American Revolution (in
this chapter, the ‘‘corporation’’) is a body corporate and politic
in the District of Columbia.
H. R. 1085—172
§ 153302. Purposes
The purposes of the corporation are patriotic, historical, and
educational, and include those intended or designed—
(1) to perpetuate the memory of the men who, by their
services or sacrifices during the war of the American Revolu-
tion, achieved the independence of the American people;
(2) to unite and promote fellowship among their descend-
ants;
(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 Amer-
ican Revolution;
(5) to acquire and preserve the records of the individual
services of the patriots of the war, as well as documents,
relics, and landmarks;
(6) to mark the scenes of the American Revolution by
appropriate memorials;
(7) to celebrate the anniversaries of the prominent events
of the war and of the Revolutionary period;
(8) to foster true patriotism;
(9) to maintain and extend the institutions of American
freedom; and
(10) to carry out the purposes expressed in the preamble
to the Constitution of our country and the injunctions of
Washington in his farewell address to the American people.
§ 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 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.
H. R. 1085—173
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 corpora-
tion.
(b) PERPETUAL EXISTENCE.—Except as otherwise provided, the
corporation 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 appropriate and necessary
for encouraging and conducting research in basic and applied
tropical botany;
(2) to foster and encourage fundamental research about
tropical plant life and to encourage research and study of
the uses of tropical flora in agriculture, forestry, horticulture,
medicine, and other sciences;
(3) to disseminate through publications and other media
the knowledge about basic and applied tropical botany acquired
at the gardens;
(4) to collect and cultivate tropical flora of every nature
and origin and to preserve for the people of the United States
species of tropical plant life threatened with extinction; and
(5) to provide a beneficial facility that will contribute to
the education, instruction, and recreation of the people of the
United States.
§ 153503. Membership
(a) ELIGIBILITY.—Except as provided in this chapter, eligibility
for membership in the corporation and the rights and privileges
of members are as provided in the constitution and bylaws of
the corporation.
(b) VOTING.—Each member (except an honorary or associate
member) has one vote on each matter submitted to a vote at
a meeting of the members.
§ 153504. Governing body
(a) BOARD
OF TRUSTEES.—(1) The board of trustees is the
governing body of the corporation. The duties and powers of the
board are as provided in the bylaws.
(2) The manner of selection and term of office of the trustees
are as provided in the bylaws.
(b) OFFICERS.—(1) The officers of the corporation are a presi-
dent, one or more vice presidents, a secretary, a treasurer, and
other officers as provided in the bylaws.
H. R. 1085—174
(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 activities of the corporation require;
(4) make contracts;
(5) acquire, own, lease, encumber, and transfer property
as necessary or proper to carry out the purposes of the corpora-
tion;
(6) borrow money, issue instruments of indebtedness, and
secure its obligations by granting security interests in its prop-
erty;
(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 declare or pay a dividend.
(b) POLITICAL ACTIVITIES.—The corporation or a trustee or offi-
cer as such may not contribute to, support, or assist a political
party or candidate for elective public office.
(c) DISTRIBUTION OF INCOME OR ASSETS.—The income or assets
of the corporation may not inure to the benefit of, or be distributed
to, a trustee, officer, or member during the life of the corporation
or on its dissolution or final liquidation. This subsection does not
prevent the payment of reasonable compensation to an officer or
reimbursement for actual necessary expenses in amounts approved
by the board of trustees.
(d) LOANS.—The corporation may not make a loan to a trustee,
officer, or employee. Trustees who vote for or assent to making
a loan to a trustee, officer, or employee, and officers who participate
in making the loan, are jointly and severally liable to the corporation
for the amount of the loan until it is repaid.
§ 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 corporation may be conducted anywhere. However, the corpora-
tion 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;
H. R. 1085—175
(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 payments greater than $10,000 and all pay-
ments 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.
§ 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 trust-
ees, 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.
H. R. 1085—176
§ 153701. Organization
(a) FEDERAL CHARTER.—National Woman’s Relief Corps, Auxil-
iary to the Grand Army of the Republic (in this chapter, the ‘‘cor-
poration’’), is a federally chartered corporation.
(b) PLACE OF INCORPORATION AND DOMICILE.—The corporation
is declared to be incorporated and domiciled in the District of
Columbia.
(c) PERPETUAL EXISTENCE.—Except as otherwise provided, the
corporation has perpetual existence.
§ 153702. Purposes
The purposes of the corporation are—
(1) to perpetuate the memory of the Grand Army of the
Republic, as the National Woman’s Relief Corps is its auxiliary
and was organized at its request in 1883, and of the men
who saved the Union in 1861 to 1865;
(2) to assist in every practicable way in preserving, and
making available for research, documents and records pertain-
ing to the Grand Army of the Republic and its members;
(3) to cooperate in doing honor to all those who have
served our country patriotically in any war;
(4) to teach patriotism, the duties of citizenship, the true
history of our country, and the love and honor of our flag;
(5) to oppose every tendency or movement that would
weaken loyalty to, destroy, or impair our constitutional Union;
and
(6) to inculcate and broadly sustain the American principles
of representative government, equal rights, and impartial jus-
tice for all.
§ 153703. Membership
Except as provided in this chapter, eligibility for membership
in the corporation and the rights, privileges, and designation of
classes of members are as provided in the constitution and bylaws
of the corporation. Eligibility for membership is limited to—
(1) women who are the wives, mothers, daughters, and
sisters of Union soldiers, sailors, and marines; and
(2) other loyal women who have not given aid or comfort
to the enemies of the United States of America.
§ 153704. Governing body
(a) NATIONAL CONVENTION.—(1) The national convention is the
supreme governing authority of the corporation.
(2) The national convention is composed of officers and elected
representatives from the States as provided by the regulations
of the corporation. However, the form of government of the corpora-
tion must be representative of the membership at large and may
not permit concentration of control in a limited number of members
or in a self-perpetuating group not representative of the membership
at large.
(3) The meetings of the national convention may be held in
the District of Columbia or in any State.
(4) During the intervals between the convention, the executive
officers are the governing board of the corporation and are respon-
sible for the general policies, program, and activities of the corpora-
tion.
H. R. 1085—177
(b) COUNCIL OF ADMINISTRATION.—The council of administra-
tion 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 presi-
dent, secretary, treasurer, and other officers as provided in the
constitution and bylaws. One individual may hold the offices of
secretary and treasurer.
(2) The titles, manner of election, term of office, and duties
of the officers are as provided in the constitution and bylaws.
§ 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 exclu-
sive right to use and to allow others to use seals, emblems, and
badges the corporation adopts.
§ 153707. Restrictions
(a) STOCK
AND DIVIDENDS.—The corporation may not issue
stock or declare or pay a dividend.
(b) POLITICAL ACTIVITIES.—The corporation or an officer or
agent as such may not contribute to, support, or assist a political
party or candidate for public office.
(c) DISTRIBUTION OF INCOME OR ASSETS.—The income or assets
of the corporation may not inure to the benefit of, or be distributed
to, an officer or member during the life of the corporation or on
its dissolution or final liquidation. This subsection does not prevent
the payment of reasonable compensation to an officer or reimburse-
ment for actual necessary expenses in amounts approved by the
council of administration of the corporation.
(d) LOANS.—The corporation may not make a loan or advance
to an officer or member of the corporation. Members of the council
of administration who vote for or assent to making a loan or
advance to an officer or member, and officers who participate in
making the loan or advance, are jointly and severally liable to
the corporation for the amount of the loan or advance until it
is repaid.
§ 153708. Principal office
The principal office of the corporation shall be in Springfield,
Illinois. However, the activities of the corporation are not confined
H. R. 1085—178
to Springfield but may be conducted throughout the States of the
United States and the District of Columbia.
§ 153709. Records and inspection
(a) RECORDS.—The corporation shall keep—
(1) correct and complete records of account; and
(2) minutes of the proceedings of its national convention.
(b) INSPECTION.—A member, or an agent or attorney of the
member, may inspect the records of the corporation for any proper
purpose, at any reasonable time.
§ 153710. Service of process
The corporation shall have a designated agent in the District
of Columbia to receive service of process, notice, or demand for
the corporation. Designation of the agent shall be filed in the
office of the Mayor of the District of Columbia or another office
designated by the Mayor. Notice to or service on the agent is
notice to or service on the corporation.
§ 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
liquidation
On dissolution or final liquidation of the corporation, its assets
shall be distributed as follows:
(1) All liabilities shall be paid and discharged, or adequate
provision for payment and discharge shall be made.
(2) Assets held on condition requiring return or transfer
on dissolution of the corporation shall be returned or trans-
ferred as required by the condition.
(3) Assets received and held subject to a limitation permit-
ting 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 distribu-
tion adopted as provided in this chapter.
(4) Other assets shall be distributed as provided by the
articles of incorporation or bylaws to the extent that the articles
or bylaws provide the distributive rights of members, or any
class of members, or provide for distribution to others.
(5) Any remaining assets may be distributed to persons,
societies, organizations, or domestic or foreign corporations
engaged in activities not for profit, as provided in a plan of
distribution adopted by the council of administration of the
corporation and in compliance with the constitution and bylaws
of the corporation.
H. R. 1085—179
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 corporate 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 during World War I;
(2) to preserve the memories and incidents of their associa-
tion in World War I by the encouragement of historical research
concerning the service of Yoemen (f );
(3) to cherish, maintain, and extend the institutions of
American freedom by the promotion of celebrations of all patri-
otic 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 conditions and under rules they pre-
scribe.
CHAPTER 1541—NAVAL SEA CADET CORPS
Sec.
154101. Organization.
154102. Purposes.
154103. Membership.
154104. Governing body.
154105. Powers.
154106. Exclusive right to name, insignia, emblems, badges, marks, and words.
154107. Restrictions.
154108. Principal office.
154109. Records and inspection.
154110. Service of process.
154111. Liability for acts of officers and agents.
154112. Annual report.
154113. Distribution of assets on dissolution or final liquidation.
H. R. 1085—180
§ 154101. Organization
(a) FEDERAL CHARTER.—Naval Sea Cadet Corps (in this chapter,
the ‘‘corporation’’) is a federally chartered corporation.
(b) PERPETUAL EXISTENCE.—Except as otherwise provided, the
corporation has perpetual existence.
§ 154102. Purposes
The purposes of the corporation are, through organization and
cooperation with the Department of the Navy—
(1) to encourage and aid American young people to develop
an interest and skill in basic seamanship and in its naval
adaptations;
(2) to train them in seagoing skills; and
(3) to teach them patriotism, courage, self-reliance, and
kindred virtues.
§ 154103. Membership
Except as provided in this chapter, eligibility for membership
in the corporation and the rights, privileges, and designation of
classes of members are as provided in the constitution and bylaws
of the corporation.
§ 154104. Governing body
(a) BOARD OF DIRECTORS.—(1) The board of directors is the
governing body of the corporation. The board is responsible for
the general policies and program of the corporation and the control
of all funds of the corporation.
(2) The number of directors, their manner of selection (including
the filling of vacancies), and their term of office are as provided
in the constitution and bylaws. However, the board shall have
at least 10 but not more than 25 directors.
(b) OFFICERS.—(1) The officers of the corporation are a presi-
dent, 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—
(1) adopt and amend a constitution and bylaws for the
management of its property and the regulation of its affairs;
(2) adopt and alter a corporate seal;
(3) choose officers, managers, employees, and agents as
the activities of the corporation require;
(4) make contracts;
(5) acquire, own, lease, encumber, and transfer property
as necessary or convenient to carry out the purposes of the
corporation;
(6) borrow money, issue instruments of indebtedness, and
secure its obligations by granting security interests in its prop-
erty; and
(7) sue and be sued.
H. R. 1085—181
§ 154106. Exclusive right to name, insignia, emblems, badges,
marks, and words
The corporation has the exclusive right to use the name ‘‘Naval
Sea Cadet Corps’’ and distinctive insignia, emblems, and badges,
descriptive or designating marks, and words or phrases required
to carry out the duties and powers of the corporation. This section
does not affect any vested rights.
§ 154107. Restrictions
(a) STOCK
AND DIVIDENDS.—The corporation may not issue
stock or declare or pay a dividend.
(b) POLITICAL ACTIVITIES.—The corporation or a director or
officer as such may not contribute to, support, or assist a political
party or candidate for public office.
(c) DISTRIBUTION OF INCOME OR ASSETS.—The income or assets
of the corporation may not inure to the benefit of, or be distributed
to, a director, officer, or member during the life of the corporation
or on its dissolution or final liquidation. This subsection does not
prevent the payment of compensation to an officer in an amount
approved by the board of directors.
(d) LOANS.—The corporation may not make a loan or advance
to a director, officer, or employee. Directors who vote for or assent
to making a loan or advance to a director, officer, or employee,
and officers who participate in making the loan or advance, are
jointly and severally liable to the corporation for the amount of
the loan or advance until it is repaid.
§ 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—
(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.
H. R. 1085—182
§ 154112. Annual report
The corporation shall submit an annual report to the Secretary
of the Navy on the activities of the corporation during the prior
calendar year. The Secretary shall communicate to Congress any
part of the report that the Secretary considers appropriate.
§ 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
corporation has perpetual existence.
§ 154302. Purposes
The purposes of the corporation are—
(1) to encourage, promote, and maintain comradeship
among individuals who are or have been in the active service
of the United States Navy, the United States Marine Corps,
or the United States Coast Guard;
(2) to revere, honor, and perpetuate the memory of individ-
uals described in paragraph (1) of this section who have
departed this life;
(3) to promote and encourage further public interest in
the United States Navy, the United States Marine Corps, and
the United States Coast Guard, and the history of those
organizations;
(4) to uphold the spirit and ideals of the United States
Navy, the United States Marine Corps, and the United States
Coast Guard;
(5) to promote the ideals of American freedom and democ-
racy 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;
H. R. 1085—183
(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 con-
tributions of money or property to be devoted to carrying out
the purposes of the corporation;
(8) sue and be sued; and
(9) do any other act necessary or appropriate to carry
out the purposes of the corporation.
§ 154304. Annual report
Not later than December 1 of each year, the corporation shall
submit a report to Congress on the activities of the corporation
during the prior calendar year. The report may not be printed
as a public document.
CHAPTER 1545—NAVY WIVES CLUBS OF AMERICA
Sec.
154501. Definition.
154502. Organization.
154503. Purposes.
154504. Membership.
154505. Governing body.
154506. Powers.
154507. Restrictions.
154508. Duty to maintain corporate and tax-exempt status.
154509. Records and inspection.
154510. Service of process.
154511. Liability for acts of officers and agents.
154512. Annual report.
§ 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 corporation.
(b) EXPIRATION OF CHARTER.—If the corporation does not com-
ply 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 incorporation and include—
(1) supporting the Constitution of the United States;
(2) promoting a friendly relationship between the wives
of enlisted men who are serving in the active United States
Navy, United States Marine Corps, or United States Coast
Guard, or in the Active Reserves of those services; and
(3) performing charitable activities as provided in the con-
stitution or bylaws of the corporation.
H. R. 1085—184
§ 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 declare or pay a dividend.
(b) POLITICAL ACTIVITIES.—The corporation or a director or
officer as such may not contribute to, support, or participate in
any political activity or attempt to influence legislation.
(c) DISTRIBUTION OF INCOME OR ASSETS.—The income or assets
of the corporation may not inure to the benefit of, or be distributed
to, a director, officer, or member during the life of the charter
granted by this chapter. This subsection does not prevent the pay-
ment of reasonable compensation to an officer or reimbursement
for actual necessary expenses in amounts approved by the board
of directors.
(d) LOANS.—The corporation may not make a loan to a director,
officer, or employee.
(e) CLAIM OF GOVERNMENTAL APPROVAL OR AUTHORITY.—The
corporation may not claim congressional approval or the authority
of the United States Government for any of its activities.
§ 154508. Duty to maintain corporate and tax-exempt status
(a) CORPORATE STATUS.—The corporation shall maintain its
status as a corporation incorporated under the laws of each State
in which it is incorporated.
(b) TAX-EXEMPT STATUS.—The corporation shall maintain its
status as an organization exempt from taxation under the Internal
Revenue Code of 1986 (26 U.S.C. 1 et seq.).
§ 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.
H. R. 1085—185
§ 154510. Service of process
The corporation shall comply with the law on service of process
of each State in which it is incorporated and each State in which
it carries on activities.
§ 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 at the same time as the report
of the audit required by section 10101 of this title. The report
may not be printed as a public document.
CHAPTER 
1547—NON 
COMMISSIONED 
OFFICERS
ASSOCIATION OF THE UNITED STATES OF AMERICA,
INCORPORATED
Sec.
154701. Definition.
154702. Organization.
154703. Purposes.
154704. Membership.
154705. Governing body.
154706. Powers.
154707. Exclusive right to name, seals, emblems, and badges.
154708. Restrictions.
154709. Duty to maintain tax-exempt status.
154710. Records and inspection.
154711. Service of process.
154712. Liability for acts of officers and agents.
154713. Annual report.
§ 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 corporation.
(b) EXPIRATION OF CHARTER.—If the corporation does not com-
ply 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 dependents and survivors; and
H. R. 1085—186
(5) fostering fraternal and social activities among its mem-
bers in recognition that cooperative action is required for the
furtherance of their common interests.
§ 154704. Membership
(a) ELIGIBILITY.—Except as provided in this chapter, eligibility
for membership in the corporation and the rights and privileges
of members are as provided in the constitution and bylaws of
the corporation.
(b) NONDISCRIMINATION.—The terms of membership may not
discriminate on the basis of race, color, religion, sex, disability,
age, or national origin.
§ 154705. Governing body
(a) BOARD
OF DIRECTORS.—The board of directors and the
responsibilities of the board are as provided in the articles of
incorporation.
(b) OFFICERS.—The officers and the election of officers are as
provided in the articles of incorporation.
(c) NONDISCRIMINATION.—The requirements for serving as a
director or officer may not discriminate on the basis of race, color,
religion, sex, disability, age, or national origin.
§ 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 Commissioned Officers Association of the United States of
America’’, ‘‘Non Commissioned Officers Association of the United
States of America’’, ‘‘Non Commissioned Officers Association’’, and
‘‘NCOA’’, and seals, emblems, and badges the corporation adopts.
This section does not affect any vested rights.
§ 154708. Restrictions
(a) STOCK
AND DIVIDENDS.—The corporation may not issue
stock or declare or pay a dividend.
(b) DISTRIBUTION OF INCOME OR ASSETS.—The income or assets
of the corporation may not inure to the benefit of, or be distributed
to, a director, officer, or member during the life of the charter
granted by this chapter. This subsection does not prevent the pay-
ment of reasonable compensation to an officer or reimbursement
for actual necessary expenses in amounts approved by the board
of directors.
(c) LOANS.—The corporation may not make a loan to a director,
officer, or employee.
(d) CLAIM OF GOVERNMENTAL APPROVAL OR AUTHORITY.—The
corporation may not claim congressional approval or the authority
of the United States Government for any of its activities.
§ 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.).
H. R. 1085—187
§ 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 activities.
§ 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
corporation 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;
(2) to form a national association for the benefit of individ-
uals who have suffered injuries or diseases of the spinal cord;
(3) to acquaint the public with the needs and problems
of paraplegics;
H. R. 1085—188
(4) to promote medical research in the several fields con-
nected with injuries and diseases of the spinal cord, including
research in neurosurgery and orthopedics and in genitourinary
and orthopedic appliances; and
(5) 
to 
advocate 
and 
foster 
complete 
and 
effective
reconditioning programs for paraplegics, including a thorough
physical reconditioning program, physiotherapy, competent
walking instructions, adequate guidance (both vocational and
educational), academic and vocational education (both in hos-
pitals and in educational institutions), psychological orientation
and readjustment to family and friends, and occupational ther-
apy (both functional and diversional).
§ 170103. Membership
An individual is eligible for membership in the corporation
if the individual—
(1) is a citizen of the United States;
(2) was regularly enlisted, inducted, or commissioned, and
was accepted for or on active duty, in the Army, Navy, Marine
Corps, Air Force, or Coast Guard of the United States or
an ally of the United States;
(3)(A) was separated from service in the Armed Forces
under conditions other than dishonorable; or
(B) is on active duty or must continue to serve after the
cessation of hostilities; and
(4) has suffered a spinal cord injury or disease, whether
or not service connected in origin.
§ 170104. Powers
(a) SPECIFIC POWERS.—The corporation may—
(1) adopt and amend a constitution and bylaws;
(2) adopt and alter a corporate seal, emblems, and badges;
(3) choose officers, representatives, and agents as necessary
to carry out the purposes of the corporation;
(4) make contracts;
(5) accept gifts, legacies, and devises that will further the
purposes of the corporation;
(6) acquire, own, lease, encumber, and transfer property
as necessary to carry out the purposes of the corporation;
(7) borrow money, issue instruments of indebtedness, and
secure its obligations by granting security interests in its prop-
erty;
(8) establish, regulate, and discontinue subordinate State
and regional organizations and local chapters or posts;
(9) establish and maintain offices to conduct the affairs
of the corporation;
(10) publish a magazine, newspaper, and other publica-
tions;
(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’ ORGANIZA-
TIONS.—Privileges granted to other national veterans’ organizations
as a result of their being incorporated by Congress are also granted
to the corporation.
H. R. 1085—189
§ 170105. Exclusive right to name, seals, emblems, and
badges
The corporation and its State and regional organizations and
local chapters or posts have the exclusive right to use the name
‘‘Paralyzed Veterans of America’’ and seals, emblems, and badges
the corporation lawfully adopts.
§ 170106. Restrictions
(a) PROFIT.—The corporation may not engage in business for
profit.
(b) STOCK.—The corporation may not issue stock.
(c) POLITICAL ACTIVITIES.—The corporation shall be nonpolitical
and may not provide financial aid to, or otherwise promote the
candidacy of, an individual seeking public office.
(d) DISTRIBUTION OF INCOME OR ASSETS.—The income or assets
of the corporation may not inure to the benefit of, or be distributed
to, a director, officer, member, or employee during the life of the
corporation or on its dissolution or final liquidation. This subsection
does not prevent the payment of reasonable compensation to an
officer or employee or reimbursement for actual necessary expenses
in amounts approved by the board of directors.
(e) LOANS.—The corporation may not make a loan to a director,
officer, member, or employee. Directors who vote for or assent
to making such a loan, and officers who participate in making
the loan, are jointly and severally liable to the corporation for
the amount of the loan until it is repaid.
§ 170107. Headquarters and principal place of business
The headquarters and principal place of business of the corpora-
tion 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 posses-
sions of the United States.
§ 170108. Records and inspection
(a) RECORDS.—The corporation shall keep—
(1) correct and complete records of account;
(2) minutes of the proceedings of its members, executive
committee, and committees having any of the authority of its
executive committee; and
(3) at its principal office, a record of the names and
addresses of its members entitled to vote.
(b) INSPECTION.—A member entitled to vote, or an agent or
attorney of the member, may inspect the records of the corporation
for any proper purpose, at any reasonable time.
§ 170109. Service of process
As a condition to the exercise of any power or privilege granted
by this chapter, the corporation shall file, with the secretary of
state or other designated official of each State, territory, or posses-
sion 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.
H. R. 1085—190
§ 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
liquidation
On dissolution or final liquidation of the corporation, any assets
remaining after the discharge or satisfactory provision for discharge
of all liabilities shall be transferred to the Secretary of Veterans
Affairs to be applied to the care and comfort of paralyzed veterans.
CHAPTER 1703—PEARL HARBOR SURVIVORS
ASSOCIATION
Sec.
170301. Definition.
170302. Organization.
170303. Purposes.
170304. Membership.
170305. Governing body.
170306. Powers.
170307. Exclusive right to name, seals, emblems, and badges.
170308. Restrictions.
170309. Duty to maintain tax-exempt status.
170310. Records and inspection.
170311. Service of process.
170312. Liability for acts of officers and agents.
170313. Annual report.
§ 170301. Definition
For purposes of this chapter, ‘‘State’’ includes the District of
Columbia and the territories and possessions of the United States.
§ 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 com-
ply 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 incorporation and include—
(1) upholding and defending the Constitution of the United
States;
(2) collating, preserving, and encouraging the study of
historical episodes, chronicles, mementos, and events pertaining
to ‘‘The Day of Infamy, 7 December 1941’’, and in particular
those memories and records of patriotic service performed by
the heroic Pearl Harbor survivors and nonsurvivors;
(3) shielding from neglect the graves, past and future,
of those who served at Pearl Harbor on that day;
(4) stimulating communities and political subdivisions into
taking more interest in the affairs and future of the United
States to keep our Nation alert;
(5) fighting unceasingly for our national security to protect
the United States from enemies within and without our borders;
(6) preserving the American way of life and fostering the
spirit and practice of Americanism; and
H. R. 1085—191
(7) instilling love of country and flag and promoting sound-
ness 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 bylaws 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 corporation may not discriminate on the basis of race, color,
religion, or national origin.
§ 170306. Powers
The corporation has the powers provided in its bylaws and
articles of incorporation filed in the State in which it is incorporated,
including the power to—
(1) adopt and amend a constitution and bylaws for the
management of its property and the regulation of its affairs;
(2) adopt and alter a corporate seal;
(3) adopt emblems and badges;
(4) establish, maintain, and regulate offices to conduct the
affairs of the corporation;
(5) publish a magazine and other publications;
(6) charge and collect membership dues and subscription
fees and receive contributions or grants of money or property
to be used to carry out the purposes of the corporation;
(7) accept gifts, legacies, and devises that will further the
purposes of the corporation;
(8) promote the formation of auxiliaries, the membership
requirements of which shall be as provided in the constitution
and the bylaws of the corporation;
(9) sue and be sued; and
(10) do any other act necessary or desirable to carry out
the purposes of the corporation.
§ 170307. Exclusive right to name, seals, emblems, and
badges
The corporation and its regional districts and local branches
have the exclusive right to use the name ‘‘Pearl Harbor Survivors
Association’’ and seals, emblems, and badges the corporation adopts.
§ 170308. Restrictions
(a) STOCK
AND DIVIDENDS.—The corporation may not issue
stock or declare or pay a dividend.
(b) POLITICAL ACTIVITIES.—The corporation or a director or
officer as such may not contribute to, support, or participate in
any political activity or in any manner attempt to influence legisla-
tion.
H. R. 1085—192
(c) DISTRIBUTION OF INCOME OR ASSETS.—The income or assets
of the corporation may not inure to the benefit of, or be distributed
to, a director, officer, or member during the life of the charter
granted by this chapter or on dissolution or final liquidation of
the corporation. This subsection does not prevent the payment
of compensation to an officer or reimbursement for actual necessary
expenses in amounts approved by the board of directors.
(d) LOANS.—The corporation may not make a loan to a director,
officer, or employee.
(e) CLAIM OF GOVERNMENTAL APPROVAL OR AUTHORIZATION.—
The corporation may not claim congressional approval or the author-
ity 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 activities.
§ 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.
H. R. 1085—193
170510. Service of process.
170511. Liability for acts of officers and agents.
170512. Annual report.
§ 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 Illinois, is a federally chartered corporation.
(b) EXPIRATION OF CHARTER.—If the corporation does not com-
ply 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 incorporation. 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 membership in the corporation and the rights and privileges
of members are as provided in the constitution and bylaws of
the corporation.
(b) NONDISCRIMINATION.—The terms of membership may not
discriminate on the basis of race, color, religion, or national origin.
§ 170505. Governing body
(a) BOARD
OF DIRECTORS.—The board of directors and the
responsibilities of the board are as provided in the articles of
incorporation.
(b) OFFICERS.—The officers and the election of officers are as
provided in the articles of incorporation.
(c) NONDISCRIMINATION.—The requirements for holding office
in the corporation may not discriminate on the basis of race, color,
religion, or national origin.
§ 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 declare or pay a dividend.
(b) POLITICAL ACTIVITIES.—The corporation or a director or
officer as such may not contribute to, support, or participate in
any political activity or in any manner attempt to influence legisla-
tion.
(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 pay-
ment of reasonable compensation to an officer or reimbursement
H. R. 1085—194
for actual necessary expenses in amounts approved by the board
of directors.
(d) LOANS.—The corporation may not make a loan to a director,
officer, or employee.
(e) CLAIM OF GOVERNMENTAL APPROVAL OR AUTHORIZATION.—
The corporation may not claim congressional approval or the author-
ity 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 activities.
§ 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.
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.
H. R. 1085—195
§ 190101. Organization
(a) FEDERAL CHARTER.—Reserve Officers Association of the
United States (in this chapter, the ‘‘corporation’’) is a federally
chartered corporation.
(b) PERPETUAL EXISTENCE.—Except as otherwise provided, the
corporation has perpetual existence.
§ 190102. Purposes
The purposes of the corporation are to support and promote
the development and execution of a military policy for the United
States that will provide adequate national security.
§ 190103. Membership
(a) ELIGIBILITY.—Eligibility for membership in the corporation
is as provided in the constitution and bylaws of the corporation.
(b) VOTING.—Each active member of a department or chapter
has one vote in the conduct of official business of that department
or chapter.
§ 190104. Governing body
(a) NATIONAL CONVENTION.—The corporation shall hold an
annual national convention. The national convention shall be com-
posed of delegates elected by the various departments.
(b) NATIONAL EXECUTIVE COMMITTEE.—(1) The national execu-
tive committee is the governing body of the corporation.
(2) The national executive committee consists of the president,
the last past president, 3 vice presidents, 3 junior vice presidents,
3 national executive committee members, and the executive director.
Each of these individuals, except the executive director, has one
vote on each matter decided by the committee.
(c) OFFICERS.—(1) The officers of the corporation are a presi-
dent, 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 rela-
tions officer, and other officers as decided at the national convention.
(2) The national officers of the corporation shall be elected
at the annual national convention, except for the executive director,
the national treasurer, and the national public relations officer,
who shall be appointed by the national executive committee.
(3) The elected officers shall hold office for one year or until
their successors have been elected and qualified.
(d) VACANCIES.—(1) Except for the positions of president and
last past president, a vacancy on the national executive committee
shall be filled by the existing members of the committee. An individ-
ual appointed by the committee to fill a vacancy serves until the
next national convention when the individual’s successor shall be
elected for the unexpired term, if any, caused by the vacancy.
(2) If the president is absent or the office of president is vacant,
the national vice president of the same service as the president
shall act as president.
§ 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;
H. R. 1085—196
(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 depart-
mental subdivisions and local chapters;
(7) sue and be sued; and
(8) do any other act necessary and proper to carry out
the purposes of the corporation.
§ 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. Mem-
bers of the national executive committee who vote for or assent
to making a loan or advance to an officer, and officers who partici-
pate 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.
§ 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 executive committee, and national council; and
(3) at its principal office, a record of the names and
addresses of its members entitled to vote.
(b) INSPECTION.—A member entitled to vote, or an agent or
attorney of the member, may inspect the records of the corporation
for any proper purpose, at any reasonable time.
§ 190110. Service of process
(a) DISTRICT OF COLUMBIA.—The corporation shall have a des-
ignated agent in the District of Columbia to receive service of
process for the corporation. Notice to or service on the agent is
notice to or service on the corporation.
(b) STATES, TERRITORIES, AND POSSESSIONS.—As a condition
to the exercise of any power or privilege granted by this chapter,
H. R. 1085—197
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 a subordinate department or local chapter is orga-
nized, 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.
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, Incor-
porated (in this chapter, the ‘‘corporation’’), a nonprofit corporation
incorporated in Colorado, is a federally chartered corporation.
(b) EXPIRATION OF CHARTER.—If the corporation does not com-
ply 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 incorporation and bylaws and include—
(1) upholding and defending the Constitution of the United
States;
(2) promoting health, prosperity, and scholarship among
its members and their dependents and survivors through
benevolent programs;
(3) assisting veterans and their dependents and survivors
through a service program established for that purpose;
(4) improving conditions for retired enlisted service mem-
bers, veterans, and their dependents and survivors; and
H. R. 1085—198
(5) fostering fraternal and social activities among its mem-
bers in recognition that cooperative action is required for the
furtherance of their common interests.
§ 190304. Membership
(a) ELIGIBILITY.—Except as provided in this chapter, eligibility
for membership in the corporation and the rights and privileges
of members are as provided in the articles of incorporation and
bylaws.
(b) NONDISCRIMINATION.—The terms of membership may not
discriminate on the basis of race, color, religion, sex, disability,
age, or national origin.
§ 190305. Governing body
(a) BOARD
OF DIRECTORS.—The board of directors and the
responsibilities of the board are as provided in the articles of
incorporation.
(b) OFFICERS.—The officers and the election of officers are as
provided in the articles of incorporation.
(c) NONDISCRIMINATION.—The requirements for serving as a
director or officer may not discriminate on the basis of race, color,
religion, sex, disability, age, or national origin.
§ 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 Enlisted Association, Incorporated’’, ‘‘The Retired Enlisted
Association’’, ‘‘Retired Enlisted Association’’, and ‘‘TREA’’ and seals,
emblems, and badges the corporation adopts. This section does
not affect any vested rights.
§ 190308. Restrictions
(a) STOCK
AND DIVIDENDS.—The corporation may not issue
stock or declare or pay a dividend.
(b) DISTRIBUTION OF INCOME OR ASSETS.—The income or assets
of the corporation may not inure to the benefit of, or be distributed
to, a director, officer, or member during the life of the charter
granted by this chapter. This subsection does not prevent the pay-
ment of reasonable compensation to an officer or reimbursement
for actual necessary expenses in amounts approved by the board
of directors.
(c) LOANS.—The corporation may not make a loan to a director,
officer, or employee.
(d) CLAIM OF GOVERNMENTAL APPROVAL OR AUTHORITY.—The
corporation may not claim congressional approval or the authority
of the United States Government for any of its activities.
§ 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.).
H. R. 1085—199
§ 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 activities.
§ 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 industry and the public, and to promote scientific develop-
ment, in floriculture and horticulture.
§ 200103. Powers
The corporation may—
(1) adopt a constitution and bylaws for the management
of its property and the regulation of its affairs; and
(2)(A) hold property, in the District of Columbia or else-
where, necessary to carry out the purposes of the corporation,
in an amount not to exceed $1,000,000; and
(B) hold other property donated or bequeathed in any State
or territory of the United States.
H. R. 1085—200
§ 200104. Restrictions
(a) PROFIT.—The corporation may not operate for profit.
(b) USE OF EARNINGS.—Earnings generated by the corporation
may be used only for the purposes provided in section 200102
of this title.
(c) USE OF PROPERTY.—Property held by the corporation, and
the proceeds from the property, may be used only for the purposes
provided in section 200102 of this title.
(d) PARKS
IN
THE DISTRICT
OF COLUMBIA.—The corporation
may not occupy any park in the District of Columbia.
§ 200105. Principal office
The principal office of the corporation shall be located in the
District of Columbia. However, annual meetings may be held wher-
ever 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 declared to be incorporated and domiciled in the District of
Columbia.
(c) PERPETUAL EXISTENCE.—Except as otherwise provided, the
corporation 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 pertain-
ing to the Grand Army of the Republic and its members;
(3) to cooperate in honoring all those who have served
our country patriotically in any war;
(4) to teach patriotism, the duties of citizenship, the true
history of our country, and the love and honor of our flag;
H. R. 1085—201
(5) to oppose every tendency or movement that would
weaken loyalty to, destroy, or impair our constitutional Union;
and
(6) to inculcate and broadly sustain the American principles
of representative government, equal rights, and impartial jus-
tice for all.
§ 200303. Membership
(a) GENERAL.—Except as provided in this chapter, eligibility
for membership in the corporation and the rights, privileges, and
designation of classes of members are as provided in the constitution
and bylaws of the corporation.
(b) REQUIRED SERVICE.—Eligibility for membership in the cor-
poration 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 supreme governing authority of the corporation.
(2) The national encampment is composed of officers and elected
representatives from the States and other local subdivisions of
the corporation as provided in the constitution and bylaws. How-
ever, the form of government of the corporation must be representa-
tive of the membership at large and may not permit concentration
of control in a limited number of members or in a self-perpetuating
group not representative of the membership at large.
(3) The meetings of the national encampment may be held
in the District of Columbia or in any State, territory, or possession
of the United States.
(b) COUNCIL
OF ADMINISTRATION.—(1) During the intervals
between the national encampments, the council of administration
is the governing board of the corporation and is responsible for
the general policies, program, and activities of the corporation.
(2) The council of administration shall consist of at least seven
members elected in the manner and for the term provided in the
constitution and bylaws.
(c) OFFICERS.—(1) The officers of the corporation are a com-
mander 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;
(2) adopt and alter a corporate seal;
H. R. 1085—202
(3) choose officers, managers, agents, and employees as
the activities of the corporation require;
(4) make contracts;
(5) acquire, own, lease, encumber, and transfer property
as necessary or convenient to carry out the purposes of the
corporation;
(6) borrow money, issue instruments of indebtedness, and
secure its obligations by granting security interests in its prop-
erty;
(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 declare or pay a dividend.
(b) POLITICAL ACTIVITIES.—The corporation or an officer or
agent as such may not contribute to, support, or assist a political
party or candidate for public office.
(c) DISTRIBUTION OF INCOME OR ASSETS.—The income or assets
of the corporation may not inure to the benefit of, or be distributed
to, an officer or member during the life of the corporation or on
its dissolution or final liquidation. This subsection does not prevent
the payment of compensation to an officer or reimbursement for
actual necessary expenses in amounts approved by the council
of administration of the corporation.
(d) LOANS.—The corporation may not make a loan or advance
to an officer or employee. Members of the council of administration
who vote for or assent to making a loan or advance to an officer
or employee, and officers who participate in making the loan or
advance, are jointly and severally liable to the corporation for
the amount of the loan or advance until it is repaid.
§ 200308. Principal office
The principal office of the corporation shall be in Trenton,
New Jersey, or another place decided by the council of administra-
tion. However, the activities of the corporation are not confined
to the place where the principal office is located but may be con-
ducted in the District of Columbia and throughout the States,
territories, and possessions of the United States.
§ 200309. Records and inspection
(a) RECORDS.—The corporation shall keep—
(1) correct and complete records of account; and
(2) minutes of the proceedings of its national encampments
and council of administration.
(b) INSPECTION.—A member, or an agent or attorney of the
member, may inspect the records of the corporation for any proper
purpose, at any reasonable time.
H. R. 1085—203
§ 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 encampment. 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 Columbia.
(b) PERPETUAL EXISTENCE.—Except as otherwise provided, the
corporation has perpetual existence.
§ 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 endow-
ment fund to promote the development and application
H. R. 1085—204
of the policies and ideals of Theodore Roosevelt for the
benefit of the American people; and
(D) the donation of real and personal property, includ-
ing part or all of its endowment fund, to a public agency
for the purpose of preserving in public ownership histori-
cally significant property associated with the life of Theo-
dore 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 manage and direct the property and affairs of the corporation.
(b) POWERS.—The board of trustees may adopt and amend
a constitution, bylaws, and regulations for—
(1) the selection of successor trustees;
(2) the admission of members;
(3) the election of officers; and
(4) the conduct of the affairs of the corporation.
§ 210105. Powers
The corporation may—
(1) adopt a constitution, bylaws, and regulations;
(2) adopt and alter a corporate seal;
(3) acquire and own property necessary to carry out the
purposes of the corporation;
(4) give and dedicate its property to public agencies and
purposes;
(5) maintain offices, hold meetings, and conduct business
affairs in the District of Columbia and in the States, territories,
and possessions of the United States;
(6) sue and be sued within the jurisdiction of the United
States; and
(7) do any other act necessary and proper to carry out
the purposes of the corporation.
§ 210106. Restrictions
(a) EXCLUSIVELY EDUCATIONAL PURPOSES.—The corporation
shall be operated exclusively for educational purposes.
(b) STOCKS AND DIVIDENDS.—The corporation may not issue
stock or declare or pay a dividend.
(c) DISTRIBUTIONS OF INCOME OR ASSETS.—The income or assets
of the corporation may not inure to the benefit of any member
or individual.
§ 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.
H. R. 1085—205
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 federally chartered corporation.
(b) EXPIRATION OF CHARTER.—If the corporation does not com-
ply 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 incorporation and include—
(1) promoting the principles of friendship and good will
among its members;
(2) engaging in social and civic activities that tend to
enhance the welfare of its members and inculcate the true
principles of good citizenship in its members; and
(3) memorializing, individually and collectively, the patri-
otic 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 membership in the corporation and the rights and privileges
of members are as provided in the constitution and bylaws of
the corporation.
(b) NONDISCRIMINATION.—The terms of membership may not
discriminate on the basis of race, color, religion, or national origin.
§ 210305. Governing body
(a) BOARD
OF DIRECTORS.—The board of directors and the
responsibilities of the board are as provided in the articles of
incorporation.
(b) OFFICERS.—The officers and the election of officers are as
provided in the articles of incorporation.
(c) NONDISCRIMINATION.—The requirements for holding office
in the corporation may not discriminate on the basis of race, color,
religion, or national origin.
§ 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.
H. R. 1085—206
§ 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 corpora-
tion adopts. This section does not affect any vested rights.
§ 210308. Restrictions
(a) STOCKS AND DIVIDENDS.—The corporation may not issue
stock or declare or pay a dividend.
(b) POLITICAL ACTIVITIES.—The corporation or a director or
officer as such may not contribute to, support, or participate in
any political activity or in any manner attempt to influence legisla-
tion.
(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 pay-
ment of reasonable compensation to an officer or reimbursement
for actual necessary expenses in amounts approved by the board
of directors.
(d) LOANS.—The corporation may not make a loan to a director,
officer, or employee.
(e) CLAIM OF GOVERNMENTAL APPROVAL OR AUTHORITY.—The
corporation may not claim congressional approval or the authority
of the United States Government for any of its activities.
§ 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 activities.
§ 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
H. R. 1085—207
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.
§ 220101. Organization
(a) FEDERAL CHARTER.—United Service Organizations, Incor-
porated (in this chapter, the ‘‘corporation’’), is a federally chartered
corporation.
(b) PERPETUAL EXISTENCE.—Except as otherwise provided, the
corporation 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 entertain-
ment 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 accom-
plish its responsibility;
(4) to accept the cooperation of, and provide an organization
and means through which, the National Board of Young Men’s
Christian Associations, the National Board of Young Women’s
Christian Associations, the National Catholic Community Serv-
ice, the Salvation Army, the National Jewish Welfare Board,
the Travelers Aid-International Social Service of America, and
other civilian agencies experienced in specialized types of
related work, which may be needed adequately to meet the
particular needs of the members of the Armed Forces, may
carry on their historic work of serving the religious, spiritual,
social, welfare, educational, and entertainment needs of men
and women in the Armed Forces and be afforded an appropriate
means of participation and financial assistance;
(5) to coordinate their programs; and
(6) other consonant purposes.
§ 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—
H. R. 1085—208
(1) nine individuals designated by the President; and
(2) representatives of the civilian organizations listed in
section 220102(4) of this title, and of the public at large, as
provided in the bylaws.
§ 220104. Governing body
(a) BOARD OF GOVERNORS.—(1) The board of governors is the
governing body of the corporation. The board is responsible for
the general policies and program of the corporation and for the
control of the affairs and property of the corporation.
(2) The board shall be elected by the members of the corporation
for the term and in the classes provided in the bylaws of the
corporation. The board includes—
(A) six members appointed by the President;
(B) the Secretary of State or the Secretary’s designee; and
(C) representatives of the civilian organizations listed in
section 220102(4) of this title, and of the public at large, as
provided in the bylaws.
(3) The corporation may have other governing bodies or commit-
tees as provided in the bylaws.
(b) OFFICERS.—(1) The office of honorary chairman of the cor-
poration shall be offered to the President. On acceptance, the honor-
ary chairman shall be invited to preside at meetings of the corpora-
tion that the honorary chairman 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, includ-
ing the power—
(1) to adopt and amend bylaws and regulations for the
management of its property and the regulation of its affairs;
(2) to adopt and alter a corporate seal;
(3) to adopt and alter emblems and marks;
(4) to establish and maintain offices to conduct the affairs
of the corporation;
(5) to choose officers, representatives, and agents as the
activities of the corporation require;
(6) to make contracts;
(7) to acquire, own, lease, encumber, and transfer property
as necessary or convenient to carry out the purposes of the
corporation;
(8) to borrow money, issue instruments of indebtedness,
and secure its obligations by granting security interests in
its property;
(9) to publish a magazine, newspaper, and other publica-
tions;
(10) to establish, regulate, and terminate councils,
organizations, chapters, or affiliates as needed to carry out
the purposes stated in section 220102 of this title;
(11) to solicit funds;
(12) to sue and be sued; and
(13) to do any other act necessary and proper to carry
out the purposes stated in section 220102 of this title.
H. R. 1085—209
§ 220106. Exclusive right to name, seals, emblems, and
badges
The corporation and its councils, organizations, chapters, and
affiliates have the exclusive right to use the names ‘‘United Service
Organizations, Incorporated’’ and ‘‘USO’’ and seals, emblems, and
badges the corporation adopts.
§ 220107. Assistance by Department of Defense
The Secretary of Defense may make the resources of the Depart-
ment of Defense available to the corporation to the extent compat-
ible 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 activ-
ity for profit unless the activity is substantially related to—
(1) the purposes stated in section 220102 of this title;
or
(2) raising funds to accomplish those purposes.
(b) STOCK
AND DIVIDENDS.—The corporation may not issue
stock or declare or pay a dividend.
(c) POLITICAL ACTIVITIES.—The corporation shall be nonpolitical
and may not provide financial aid or assistance to, or otherwise
promote the candidacy of, an individual seeking elective public
office. A substantial part of the activities of the corporation may
not involve carrying on propaganda or otherwise attempting to
influence legislation.
(d) DISTRIBUTION OF INCOME OR ASSETS.—The income or assets
of the corporation may not inure to the benefit of a governor,
officer, member, or employee or be distributed to any person during
the life of the corporation or on its dissolution or final liquidation.
This subsection does not prevent the payment of reasonable com-
pensation 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 incor-
porated 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 possessions of the United
States and in foreign countries.
§ 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
H. R. 1085—210
(3) at its principal office, a record of the names and
addresses of its members entitled to vote.
(b) INSPECTION.—A member, or an agent or attorney of the
member, may inspect the records of the corporation for any proper
purpose, at any reasonable time.
§ 220112. Service of process
(a) DISTRICT OF COLUMBIA.—The corporation shall have a des-
ignated agent in the District of Columbia to receive service of
process for the corporation. Notice to or service on the agent, or
mailed to the business address of the agent, is notice to or service
on the corporation.
(b) STATES, TERRITORIES, AND POSSESSIONS.—The corporation
shall file, with the secretary of state or other designated official
of each State, territory, or possession of the United States in which
the corporation or a council, organization, chapter, or affiliate may
have activities, the name and address of an agent in that State,
territory, or possession on whom legal process or demands against
the corporation may be served.
§ 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 organization oper-
ated exclusively for charitable purposes.
CHAPTER 2203—UNITED STATES CAPITOL HISTORICAL
SOCIETY
Sec.
220301. Organization.
220302. Purposes.
220303. Membership.
220304. Governing body.
220305. Powers.
220306. Exclusive right to name, seals, emblems, insignia, marks, and words.
220307. Tax exemption.
220308. Restrictions.
220309. Duty to maintain corporate status.
220310. Principal office.
220311. Records and inspection.
220312. Service of process.
220313. Liability for acts of officers and agents.
220314. Annual report and audit.
220315. Distribution of assets on dissolution or final liquidation.
§ 220301. Organization
(a) FEDERAL CHARTER.—United States Capitol Historical Soci-
ety (in this chapter, the ‘‘corporation’’) is a federally chartered
corporation.
(b) PLACE OF INCORPORATION.—The corporation is declared to
be incorporated in the District of Columbia.
(c) PERPETUAL EXISTENCE.—Except as otherwise provided, the
corporation has perpetual existence.
H. R. 1085—211
§ 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 found-
ing, growth, and significance of the Capitol of the United States
as the tangible symbol of their representative form of govern-
ment;
(2) to undertake research into the history of the Congress
and the Capitol and to promote discussion, publication, and
dissemination of the results of this research;
(3) to foster and increase an informed patriotism among
the citizens in the study of this living memorial to the founders
of this Nation and the continuing thread of principles as
exemplified by their successors; and
(4) to cooperate with the standing committees of Congress,
the Library of Congress, the Architect of the Capitol, and rel-
evant departments, agencies, 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 corporation and the rights and privileges of members are
as provided in the constitution 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 expiration of
the prior term, except by the unanimous vote of the trustees present
and voting. A trustee may be removed at any time, with or without
cause, by a two-thirds vote of the other trustees.
(3) The officers of the corporation are ex officio members of
the board with all the rights and privileges of trustees, including
the right to vote.
(4) The board shall meet at least once a year in the Capitol
of the United States. The board may meet at other times as decided
by the chairman. A meeting may be held only at a time and
place stated in the bylaws or on 30 days’ written notice.
(b) OFFICERS.—(1) The officers of the corporation are a presi-
dent, 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 trust-
ees and continue in office at the pleasure of the board.
(3) The duties of the officers are the usual duties pertaining
to their offices and any additional duties delegated by the board.
(4) Officers may be compensated for their services, and
reimbursed for actual expenses, in amounts decided by the board.
(c) EMPLOYEES.—The board of trustees may employ an executive
secretary and other personnel needed to assist the board and the
officers to carry out the activities of the corporation. Employees
H. R. 1085—212
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 corporation require;
(4) make contracts;
(5) acquire, own, lease, encumber, and transfer property
as necessary or convenient to carry out the purposes of the
corporation;
(6) borrow money, issue instruments of indebtedness, and
secure its obligations by granting security interests in its prop-
erty;
(7) produce, buy, and market commemorative medals, sou-
venirs, publications, pictures, and cinemas consistent with the
purposes of the corporation;
(8) charge and collect membership dues;
(9) conduct fund raising campaigns and accept contribu-
tions;
(10) sue and be sued; and
(11) do any other act necessary and proper to carry out
the purposes of the corporation.
§ 220306. Exclusive right to name, seals, emblems, insignia,
marks, and words
The corporation has the exclusive right to use the name ‘‘United
States Capitol Historical Society’’ and seals, emblems, distinctive
insignia, and descriptive or designating marks, words, or phrases
required to carry out the duties and powers of the corporation.
This section does not affect any vested rights.
§ 220307. Tax exemption
Notwithstanding section 105 of title 4 of the United States
Code or any provision of the District of Columbia Code, the corpora-
tion is not required to pay, collect, or account for any tax specified
in those provisions in connection with activities conducted within,
or on the grounds of, the United States Capitol Building.
§ 220308. Restrictions
(a) STOCK
AND DIVIDENDS.—The corporation may not issue
stock or declare or pay a dividend.
(b) DISTRIBUTION OF INCOME OR ASSETS.—The income or assets
of the corporation may not inure to the benefit of, or be distributed
to, a trustee, officer, or member as such during the life of the
corporation or on its dissolution or final liquidation. This subsection
does not prevent the payment of reasonable compensation to an
officer or employee or reimbursement for actual expenses in
amounts approved by the board of trustees.
(c) LOANS.—The corporation may not make a loan or advance
to a trustee, officer, or employee. Trustees who vote for or assent
to making a loan or advance to a trustee, officer, or employee,
and officers who participate in making the loan or advance, are
H. R. 1085—213
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 incor-
porated 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 located 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
(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.
§ 220312. Service of process
The corporation shall have a designated agent in the District
of Columbia to receive service of process for the corporation. Notice
to or service on the agent, or mailed to the business address
of the agent, is notice to or service on the corporation.
§ 220313. Liability for acts of officers and agents
The corporation is liable for the acts of its officers and agents
acting within the scope of their authority.
§ 220314. Annual report and audit
(a) ANNUAL REPORT.—The corporation shall submit an annual
report to each House of Congress on the activities of the corporation
during the prior fiscal year. The report shall be submitted as
soon as practical after the end of each fiscal year.
(b) AUDIT.—In addition to complying with the audit require-
ments of section 10101 of this title, the corporation shall comply
with section 451 of the Legislative Reorganization Act of 1970
(40 U.S.C. 193m–1).
§ 220315. 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 trustees, but in compliance with the
constitution and bylaws of the corporation.
CHAPTER 2205—UNITED STATES OLYMPIC COMMITTEE
SUBCHAPTER I—CORPORATION
Sec.
H. R. 1085—214
220501. Definitions.
220502. Organization.
220503. Purposes.
220504. Membership.
220505. Powers.
220506. Exclusive right to name, seals, emblems, and badges.
220507. Restrictions.
220508. Headquarters, principal office, and meetings.
220509. Resolution of disputes.
220510. Service of process.
220511. Annual report.
SUBCHAPTER II—NATIONAL GOVERNING BODIES
220521. Recognition of amateur sports organizations as national governing bodies.
220522. Eligibility requirements.
220523. Authority of national governing bodies.
220524. General duties of national governing bodies.
220525. Granting sanctions for amateur athletic competitions.
220526. Restricted amateur athletic competitions.
220527. Complaints against national governing bodies.
220528. Applications to replace an incumbent national governing body.
220529. Arbitration of corporation determinations.
SUBCHAPTER I—CORPORATION
§ 220501. Definitions
For purposes of this chapter—
(1) ‘‘amateur athlete’’ means an athlete who meets the
eligibility standards established by the national governing body
for the sport in which the athlete competes.
(2) ‘‘amateur athletic competition’’ means a contest, game,
meet, match, tournament, regatta, or other event in which
amateur athletes compete.
(3) ‘‘amateur sports organization’’ means a not-for-profit
corporation, association, or other group organized in the United
States that sponsors or arranges an amateur athletic competi-
tion.
(4) ‘‘corporation’’ means the United States Olympic Commit-
tee.
(5) ‘‘international amateur athletic competition’’ means an
amateur athletic competition between one or more athletes
representing the United States, individually or as a team, and
one or more athletes representing a foreign country.
(6) ‘‘national governing body’’ means an amateur sports
organization that is recognized by the corporation under section
220521 of this title.
(7) ‘‘sanction’’ means a certificate of approval issued by
a national governing body.
§ 220502. Organization
(a) FEDERAL CHARTER.—The corporation is a federally chartered
corporation.
(b) PERPETUAL EXISTENCE.—Except as otherwise provided, the
corporation has perpetual existence.
(c) REFERENCES TO UNITED STATES OLYMPIC ASSOCIATION.—
Any reference to the United States Olympic Association is deemed
to refer to the United States Olympic Committee.
§ 220503. Purposes
The purposes of the corporation are—
(1) to establish national goals for amateur athletic activities
and encourage the attainment of those goals;
H. R. 1085—215
(2) to coordinate and develop amateur athletic activity in
the United States, directly related to international amateur
athletic competition, to foster productive working relationships
among sports-related organizations;
(3) to exercise exclusive jurisdiction, directly or through
constituent members of committees, over—
(A) all matters pertaining to United States participa-
tion in the Olympic Games and the Pan-American Games,
including representation of the United States in the games;
and
(B) the organization of the Olympic Games and the
Pan-American Games when held in the United States;
(4) to obtain for the United States, directly or by delegation
to the appropriate national governing body, the most competent
amateur representation possible in each event of the Olympic
Games and Pan-American Games;
(5) to promote and support amateur athletic activities
involving the United States and foreign nations;
(6) to promote and encourage physical fitness and public
participation in amateur athletic activities;
(7) to assist organizations and persons concerned with
sports in the development of amateur athletic programs for
amateur athletes;
(8) to provide swift resolution of conflicts and disputes
involving amateur athletes, national governing bodies, and
amateur sports organizations, and protect the opportunity of
any amateur athlete, coach, trainer, manager, administrator,
or official to participate in amateur athletic competition;
(9) to foster the development of amateur athletic facilities
for use by amateur athletes and assist in making existing
amateur athletic facilities available for use by amateur athletes;
(10) to provide and coordinate technical information on
physical training, equipment design, coaching, and performance
analysis;
(11) to encourage and support research, development, and
dissemination of information in the areas of sports medicine
and sports safety;
(12) to encourage and provide assistance to amateur ath-
letic activities for women;
(13) to encourage and provide assistance to amateur ath-
letic programs and competition for individuals with disabilities,
including, where feasible, the expansion of opportunities for
meaningful participation by individuals with disabilities in pro-
grams of athletic competition for able-bodied individuals; and
(14) to encourage and provide assistance to amateur ath-
letes of racial and ethnic minorities for the purpose of eliciting
the participation of those minorities in amateur athletic activi-
ties in which they are underrepresented.
§ 220504. Membership
(a) ELIGIBILITY.—Eligibility for membership in the corporation
is as provided in the constitution and bylaws of the corporation.
(b) REQUIRED PROVISIONS FOR REPRESENTATION.—In its con-
stitution and bylaws, the corporation shall establish and maintain
provisions with respect to its governance and the conduct of its
affairs for reasonable representation of—
H. R. 1085—216
(1) amateur sports organizations recognized as national
governing bodies under section 220521 of this title;
(2) amateur athletes who are actively engaged in amateur
athletic competition or who have represented the United States
in international amateur athletic competition within the preced-
ing 10 years;
(3) amateur sports organizations that conduct a national
program or regular national amateur athletic competition in
2 or more sports that are included on the program of the
Olympic Games or the Pan-American Games on a level of
proficiency appropriate for the selection of amateur athletes
to represent the United States in international amateur athletic
competition; and
(4) individuals not affiliated or associated with any amateur
sports organization who, in the corporation’s judgment, rep-
resent the interests of the American public in the activities
of the corporation.
§ 220505. Powers
(a) CONSTITUTION AND BYLAWS.—The corporation shall adopt
a constitution and bylaws. The corporation may amend its constitu-
tion only if the corporation—
(1) publishes, in its principal publication, a notice of the
proposed amendment, including—
(A) the substantive terms of the amendment;
(B) the time and place of the corporation’s regular
meeting at which adoption of the amendment is to be
decided; and
(C) a provision informing interested persons that they
may submit materials as authorized in clause (2) of this
subsection; and
(2) gives all interested persons an opportunity to submit
written comments and information for at least 60 days after
publication of notice of the proposed amendment and before
adoption of the amendment.
(b) GENERAL CORPORATE POWERS.—The corporation may—
(1) adopt and alter a corporate seal;
(2) establish and maintain offices to conduct the affairs
of the corporation;
(3) make contracts;
(4) accept gifts, legacies, and devises in furtherance of
its corporate purposes;
(5) acquire, own, lease, encumber, and transfer property
as necessary to carry out the purposes of the corporation;
(6) borrow money, issue instruments of indebtedness, and
secure its obligations by granting security interests in its prop-
erty;
(7) publish a magazine, newspaper, and other publications
consistent with its corporate purposes;
(8) approve and revoke membership in the corporation;
(9) sue and be sued; and
(10) do any other act necessary and proper to carry out
the purposes of the corporation.
(c) POWERS RELATED TO AMATEUR ATHLETICS AND THE OLYMPIC
GAMES.—The corporation may—
H. R. 1085—217
(1) serve as the coordinating body for amateur athletic
activity in the United States directly related to international
amateur athletic competition;
(2) represent the United States as its national Olympic
committee in relations with the International Olympic Commit-
tee and the Pan-American Sports Organization;
(3) organize, finance, and control the representation of the
United States in the competitions and events of the Olympic
Games and of the Pan-American Games, and obtain, directly
or by delegation to the appropriate national governing body,
amateur representation for those games;
(4) recognize eligible amateur sports organizations as
national governing bodies for any sport that is included on
the program of the Olympic Games or the Pan-American
Games;
(5) facilitate, through orderly and effective administrative
procedures, the resolution of conflicts or disputes that involve
any of its members and any amateur athlete, coach, trainer,
manager, administrator, official, national governing body, or
amateur sports organization and that arise in connection with
their eligibility for and participation in the Olympic Games,
the Pan-American world championship competition, or other
protected competition as defined in the constitution and bylaws
of the corporation; and
(6) provide financial assistance to any organization or
association, except a corporation organized for profit, in further-
ance of the purposes of the corporation.
§ 220506. Exclusive right to name, seals, emblems, and
badges
(a) EXCLUSIVE RIGHT OF CORPORATION.—Except as provided
in subsection (d) of this section, the corporation has the exclusive
right to use—
(1) the name ‘‘United States Olympic Committee’’;
(2) the symbol of the International Olympic Committee,
consisting of 5 interlocking rings;
(3) the emblem of the corporation, consisting of an escutch-
eon having a blue chief and vertically extending red and white
bars on the base with 5 interlocking rings displayed on the
chief; and
(4) the words ‘‘Olympic’’, ‘‘Olympiad’’, ‘‘Citius Altius
Fortius’’, or any combination of those words.
(b) CONTRIBUTORS
AND
SUPPLIERS.—The corporation may
authorize contributors and suppliers of goods or services to use
the trade name of the corporation or any trademark, symbol, insig-
nia, or emblem of the International Olympic Committee or of the
corporation to advertise that the contributions, goods, or services
were donated or supplied to, or approved, selected, or used by,
the corporation, the United States Olympic team, the Pan-American
team, or team members.
(c) CIVIL ACTION FOR UNAUTHORIZED USE.—Except as provided
in subsection (d) of this section, the corporation may file a civil
action against a person for the remedies provided in the Act of
July 5, 1946 (15 U.S.C. 1051 et seq.) (popularly known as the
Trademark Act of 1946) if the person, without the consent of the
corporation, uses for the purpose of trade, to induce the sale of
H. R. 1085—218
any goods or services, or to promote any theatrical exhibition,
athletic performance, or competition—
(1) the symbol described in subsection (a)(2) of this section;
(2) the emblem described in subsection (a)(3) of this section;
(3) the words described in subsection (a)(4) of this section,
or any combination or simulation of those words tending to
cause confusion or mistake, to deceive, or to falsely suggest
a connection with the corporation or any Olympic activity;
or
(4) any trademark, trade name, sign, symbol, or insignia
falsely representing association with, or authorization by, the
International Olympic Committee or the corporation.
(d) PRE-EXISTING RIGHTS.—(1) A person who actually used the
emblem described in subsection (a)(3) of this section, or the words
or any combination of the words described in subsection (a)(4)
of this section, for any lawful purpose before September 21, 1950,
is not prohibited by this section from continuing the lawful use
for the same purpose and for the same goods or services.
(2) A person who actually used, or whose assignor actually
used, the words or any combination of the words described in
subsection (a)(4) of this section, or a trademark, trade name, sign,
symbol, or insignia described in subsection (c)(4) of this section,
for any lawful purpose before September 21, 1950, is not prohibited
by this section from continuing the lawful use for the same purpose
and for the same goods or services.
§ 220507. Restrictions
(a) PROFIT AND STOCK.—The corporation may not engage in
business for profit or issue stock.
(b) POLITICAL ACTIVITIES.—The corporation shall be nonpolitical
and may not promote the candidacy of an individual seeking public
office.
§ 220508. Headquarters, principal office, and meetings
The corporation shall maintain its principal office and national
headquarters in a place in the United States decided by the corpora-
tion. The corporation may hold its annual and special meetings
in the places decided by the corporation.
§ 220509. Resolution of disputes
The corporation shall establish and maintain provisions in its
constitution and bylaws for the swift and equitable resolution of
disputes involving any of its members and relating to the oppor-
tunity of an amateur athlete, coach, trainer, manager, adminis-
trator, or official to participate in the Olympic Games, the Pan-
American Games, world championship competition, or other pro-
tected competition as defined in the constitution and bylaws of
the corporation.
§ 220510. Service of process
As a condition to the exercise of any power or privilege granted
by this chapter, the corporation shall file, with the secretary of
state or other designated official of each State, the name and
address of an agent in that State on whom legal process or demands
against the corporation may be served.
H. R. 1085—219
§ 220511. Annual report
(a) SUBMISSION TO PRESIDENT AND CONGRESS.—Not later than
June 1 of each year, the corporation shall submit simultaneously
to the President and to each House of Congress a detailed report
of its operations during the prior calendar year, including—
(1) a complete statement of the corporation’s receipts and
expenditures; and
(2) a comprehensive description of the activities and accom-
plishments of the corporation during the prior year.
(b) AVAILABILITY TO PUBLIC.—The corporation shall make copies
of the report available to interested persons at a reasonable cost.
SUBCHAPTER II—NATIONAL GOVERNING BODIES
§ 220521. Recognition of amateur sports organizations as
national governing bodies
(a) GENERAL AUTHORITY.—For any sport that is included on
the program of the Olympic Games or the Pan-American Games,
the corporation may recognize as a national governing body an
amateur sports organization that files an application and is eligible
under section 220522 of this title. The corporation may recognize
only one national governing body for each sport for which an
application is made and approved.
(b) PUBLIC HEARING.—Before recognizing an organization as
a national governing body, the corporation shall hold a public hear-
ing on the application. The corporation shall publish notice of the
time, place, and nature of the hearing. Publication shall be made
in a regular issue of the corporation’s principal publication at least
30 days, but not more than 60 days, before the date of the hearing.
(c) RECOMMENDATION
TO
INTERNATIONAL
SPORTS
FEDERA-
TION.—Within 61 days after recognizing an organization as a
national governing body, the corporation shall recommend and sup-
port in any appropriate manner the national governing body to
the appropriate international sports federation as the representative
of the United States for that sport.
(d) REVIEW OF RECOGNITION.—The corporation may review all
matters related to the continued recognition of an organization
as a national governing body and may take action it considers
appropriate, including placing conditions on the continued recogni-
tion.
§ 220522. Eligibility requirements
An amateur sports organization is eligible to be recognized,
or to continue to be recognized, as a national governing body only
if it—
(1) is incorporated under the laws of a State of the United
States or the District of Columbia as a not-for-profit corporation
having as its purpose the advancement of amateur athletic
competition;
(2) has the managerial and financial capability to plan
and execute its obligations;
(3) submits—
(A) an application, in the form required by the corpora-
tion, for recognition as a national governing body;
(B) a copy of its corporate charter and bylaws; and
(C) any additional information considered necessary
or appropriate by the corporation;
H. R. 1085—220
(4) agrees to submit, on demand by the corporation, to
binding arbitration conducted in accordance with the commer-
cial rules of the American Arbitration Association in any con-
troversy involving—
(A) its recognition as a national governing body, as
provided for in section 220529 of this title; or
(B) the opportunity of any amateur athlete, coach,
trainer, manager, administrator, or official to participate
in amateur athletic competition, as provided for in the
corporation’s constitution and bylaws;
(5) demonstrates that it is autonomous in the governance
of its sport, in that it—
(A) independently decides and controls all matters cen-
tral to governance;
(B) does not delegate decision-making and control of
matters central to governance; and
(C) is free from outside restraint;
(6) demonstrates that it is a member of no more than
one international sports federation that governs a sport
included on the program of the Olympic Games or the Pan-
American Games;
(7) demonstrates that its membership is open to any
individual who is an amateur athlete, coach, trainer, manager,
administrator, or official active in the sport for which recogni-
tion is sought, or any amateur sports organization that conducts
programs in the sport for which recognition is sought, or both;
(8) provides an equal opportunity to amateur athletes,
coaches, trainers, managers, administrators, and officials to
participate in amateur athletic competition, without discrimina-
tion on the basis of race, color, religion, sex, age, or national
origin, and with fair notice and opportunity for a hearing to
any amateur athlete, coach, trainer, manager, administrator,
or official before declaring the individual ineligible to partici-
pate;
(9) is governed by a board of directors or other governing
board whose members are selected without regard to race,
color, religion, national origin, or sex, except that, in sports
where there are separate male and female programs, it provides
for reasonable representation of both males and females on
the board of directors or other governing board;
(10) demonstrates that—
(A) its board of directors or other governing board
includes among its voting members—
(i) individuals who are actively engaged in amateur
athletic competition in the sport for which recognition
is sought; or
(ii) individuals who, within the prior 10 years,
have represented the United States in international
amateur athletic competition in the sport for which
recognition is sought; and
(B) the individuals described in subclause (A) of this
clause hold at least 20 percent of the membership and
voting power on the board;
(11) provides for reasonable direct representation on its
board of directors or other governing board for any amateur
sports organization that—
H. R. 1085—221
(A) conducts a national program or regular national
amateur athletic competition in the applicable sport on
a level of proficiency appropriate for the selection of ama-
teur athletes to represent the United States in inter-
national amateur athletic competition; and
(B) ensures that the representation reflects the nature,
scope, quality, and strength of the programs and competi-
tions of the amateur sports organization in relation to
all other programs and competitions in the sport in the
United States;
(12) demonstrates that none of its officers are also officers
of any other amateur sports organization recognized as a
national governing body;
(13) provides procedures for the prompt and equitable reso-
lution of grievances of its members;
(14) does not have eligibility criteria related to amateur
status that are more restrictive than those of the appropriate
international sports federation; and
(15) demonstrates, if the organization is seeking to be
recognized as a national governing body, that it is prepared
to meet the obligations imposed on a national governing body
under sections 220524 and 220525 of this title.
§ 220523. Authority of national governing bodies
(a) AUTHORITY.—For the sport that it governs, a national
governing body may—
(1) represent the United States in the appropriate inter-
national sports federation;
(2) establish national goals and encourage the attainment
of those goals;
(3) serve as the coordinating body for amateur athletic
activity in the United States;
(4) exercise jurisdiction over international amateur athletic
activities and sanction international amateur athletic competi-
tion held in the United States and sanction the sponsorship
of international amateur athletic competition held outside the
United States;
(5) conduct amateur athletic competition, including national
championships, and international amateur athletic competition
in the United States, and establish procedures for determining
eligibility standards for participation in competition, except
for amateur athletic competition specified in section 220526
of this title;
(6) recommend to the corporation individuals and teams
to represent the United States in the Olympic Games and
the Pan-American Games; and
(7) designate individuals and teams to represent the United
States in international amateur athletic competition (other than
the Olympic Games and the Pan-American Games) and certify,
in accordance with applicable international rules, the amateur
eligibility of those individuals and teams.
(b) REPLACEMENT OF NATIONAL GOVERNING BODY PURSUANT
TO ARBITRATION.—A national governing body may not exercise any
authority under subsection (a) of this section for a particular sport
after another amateur sports organization has been declared (in
accordance with binding arbitration proceedings prescribed by the
organic documents of the corporation) entitled to replace that
H. R. 1085—222
national governing body as the member of the corporation for that
sport.
§ 220524. General duties of national governing bodies
For the sport that it governs, a national governing body shall—
(1) develop interest and participation throughout the
United States and be responsible to the persons and amateur
sports organizations it represents;
(2) minimize, through coordination with other amateur
sports organizations, conflicts in the scheduling of all practices
and competitions;
(3) keep amateur athletes informed of policy matters and
reasonably reflect the views of the athletes in its policy
decisions;
(4) allow an amateur athlete to compete in any inter-
national amateur athletic competition conducted by any ama-
teur sports organization or person, unless the national govern-
ing body establishes that its denial is based on evidence that
the organization or person conducting the competition does
not meet the requirements stated in section 220525 of this
title;
(5) provide equitable support and encouragement for
participation by women where separate programs for male and
female athletes are conducted on a national basis;
(6) encourage and support amateur athletic sports pro-
grams for individuals with disabilities and the participation
of individuals with disabilities in amateur athletic activity,
including, where feasible, the expansion of opportunities for
meaningful participation by individuals with disabilities in pro-
grams of athletic competition for able-bodied individuals;
(7) provide and coordinate technical information on physical
training, equipment design, coaching, and performance analy-
sis; and
(8) encourage and support research, development, and
dissemination of information in the areas of sports medicine
and sports safety.
§ 220525. Granting sanctions for amateur athletic competi-
tions
(a) PROMPT REVIEW AND DECISION.—For the sport that it gov-
erns, a national governing body promptly shall—
(1) review a request by an amateur sports organization
or person for a sanction to hold an international amateur
athletic competition in the United States or to sponsor United
States amateur athletes to compete in international amateur
athletic competition outside the United States; and
(2) grant the sanction if—
(A) the national governing body does not decide by
clear and convincing evidence that holding or sponsoring
an international amateur athletic competition would be
detrimental to the best interest of the sport; and
(B) the requirements of subsection (b) of this section
are met.
(b) REQUIREMENTS.—An amateur sports organization or person
may be granted a sanction under this section only if the organization
or person meets the following requirements:
H. R. 1085—223
(1) The organization or person must pay the national
governing body any required sanctioning fee, if the fee is reason-
able and nondiscriminatory.
(2) For a sanction to hold an international amateur athletic
competition in the United States, the organization or person
must—
(A) submit to the national governing body an audited
or notarized financial report of similar events, if any, con-
ducted by the organization or person; and
(B) demonstrate that the requirements of paragraph
(4) of this subsection have been met.
(3) For a sanction to sponsor United States amateur ath-
letes to compete in international amateur athletic competition
outside the United States, the organization or person must—
(A) submit a report of the most recent trip to a foreign
country, if any, that the organization or person sponsored
for the purpose of having United States amateur athletes
compete in international amateur athletic competition; and
(B) submit a letter from the appropriate entity that
will hold the international amateur athletic competition
certifying that the requirements of paragraph (4) of this
subsection have been met.
(4) The requirements referred to in paragraphs (2) and
(3) of this subsection are that—
(A) appropriate measures have been taken to protect
the amateur status of athletes who will take part in the
competition and to protect their eligibility to compete in
amateur athletic competition;
(B) appropriate provision has been made for validation
of any records established during the competition;
(C) due regard has been given to any international
amateur athletic requirements specifically applicable to the
competition;
(D) the competition will be conducted by qualified offi-
cials;
(E) proper medical supervision will be provided for
athletes who will participate in the competition; and
(F) proper safety precautions have been taken to pro-
tect the personal welfare of the athletes and spectators
at the competition.
§ 220526. Restricted amateur athletic competitions
(a) EXCLUSIVE JURISDICTION.—An amateur sports organization
that conducts amateur athletic competition shall have exclusive
jurisdiction over that competition if participation is restricted to
a specific class of amateur athletes, such as high school students,
college students, members of the Armed Forces, or similar groups
or categories.
(b) SANCTIONS FOR INTERNATIONAL COMPETITION.—An amateur
sports organization under subsection (a) of this section shall obtain
a sanction from the appropriate national governing body if the
organization wishes to—
(1) conduct international amateur athletic competition in
the United States; or
(2) sponsor international amateur athletic competition to
be held outside the United States.
H. R. 1085—224
§ 220527. Complaints against national governing bodies
(a) GENERAL.—(1) An amateur sports organization or person
that belongs to or is eligible to belong to a national governing
body may seek to compel the national governing body to comply
with sections 220522, 220524, and 220525 of this title by filing
a written complaint with the corporation. A copy of the complaint
shall be served on the national governing body.
(2) The corporation shall establish procedures for the filing
and disposition of complaints under this section.
(b) EXHAUSTION OF REMEDIES.—(1) An organization or person
may file a complaint under subsection (a) of this section only
after exhausting all available remedies within the national govern-
ing body for correcting deficiencies, unless it can be shown by
clear and convincing evidence that those remedies would have
resulted in unnecessary delay.
(2) Within 30 days after a complaint is filed, the corporation
shall decide whether the organization or person has exhausted
all available remedies as required by paragraph (1) of this sub-
section. If the corporation determines that the remedies have not
been exhausted, it may direct that the remedies be pursued before
the corporation considers the complaint further.
(c) HEARINGS.—If the corporation decides that all available
remedies have been exhausted as required by subsection (b)(1)
of this section, it shall hold a hearing, within 90 days after the
complaint is filed, to receive testimony to decide whether the
national governing body is complying with sections 220522, 220524,
and 220525 of this title.
(d) DISPOSITION OF COMPLAINT.—(1) If the corporation decides,
as a result of the hearing, that the national governing body is
complying with sections 220522, 220524, and 220525 of this title,
it shall so notify the complainant and the national governing body.
(2) If the corporation decides, as a result of the hearing, that
the national governing body is not complying with sections 220522,
220524, and 220525 of this title, it shall—
(A) place the national governing body on probation for
a specified period of time, not to exceed 180 days, which the
corporation considers necessary to enable the national govern-
ing body to comply with those sections; or
(B) revoke the recognition of the national governing body.
(3) If the corporation places a national governing body on
probation under paragraph (2) of this subsection, it may extend
the probationary period if the national governing body has proven
by clear and convincing evidence that, through no fault of its
own, it needs additional time to comply with sections 220522,
220524, and 220525 of this title. If, at the end of the period allowed
by the corporation, the national governing body has not complied
with those sections, the corporation shall revoke the recognition
of the national governing body.
§ 220528. Applications to replace an incumbent national
governing body
(a) GENERAL.—An amateur sports organization may seek to
replace an incumbent as the national governing body for a particular
sport by filing a written application for recognition with the corpora-
tion.
(b) ESTABLISHMENT
OF PROCEDURES.—The corporation shall
establish procedures for the filing and disposition of applications
H. R. 1085—225
under this section. If 2 or more organizations file applications
for the same sport, the applications shall be considered in a single
proceeding.
(c) FILING PROCEDURES.—(1) An application under this section
must be filed within one year after the final day of—
(A) any Olympic Games, for a sport in which competition
is held in the Olympic Games or both the Olympic and Pan-
American Games; or
(B) any Pan-American Games, for a sport in which competi-
tion is held in the Pan-American Games but not in the Olympic
Games.
(2) The application shall be filed with the corporation by reg-
istered mail, and a copy of the application shall be served on
the national governing body. The corporation shall inform the
applicant that its application has been received.
(d) HEARINGS.—Within 180 days after receipt of an application
filed under this section, the corporation shall conduct a formal
hearing to determine the merits of the application. The corporation
shall publish notice of the time and place of the hearing in a
regular issue of its principal publication at least 30 days, but
not more than 60 days, before the date of the hearing. In the
hearing, the applicant and the national governing body shall be
given a reasonable opportunity to present evidence supporting their
positions.
(e) STANDARDS FOR GRANTING APPLICATIONS.—In the hearing,
the applicant must establish by a preponderance of the evidence
that—
(1) it meets the criteria for recognition as a national govern-
ing body under section 220522 of this title; and
(2)(A) the national governing body does not meet the cri-
teria of section 220522, 220524, or 220525 of this title; or
(B) the applicant more adequately meets the criteria of
section 220522 of this title, is capable of more adequately
meeting the criteria of sections 220524 and 220525 of this
title, and provides or is capable of providing a more effective
national program of competition than the national governing
body in the sport for which it seeks recognition.
(f ) DISPOSITION OF APPLICATIONS.—Within 30 days after the
close of the hearing required by this section, the corporation shall—
(1) uphold the right of the national governing body to
continue as the national governing body for its sport;
(2) revoke the recognition of the national governing body
and declare a vacancy in the national governing body for that
sport;
(3) revoke the recognition of the national governing body
and recognize the applicant as the national governing body;
or
(4) place the national governing body on probation for
a period not exceeding 180 days, pending the compliance of
the national governing body, if the national governing body
would have retained recognition except for a minor deficiency
in one of the requirements of section 220522, 220524, or 220525
of this title.
(g) REVOCATION
OF RECOGNITION AFTER PROBATION.—If the
national governing body does not comply with sections 220522,
220524, and 220525 of this title within the probationary period
prescribed under subsection (f )(4) of this section, the corporation
H. R. 1085—226
shall revoke the recognition of the national governing body and
either—
(1) recognize the applicant as the national governing body;
or
(2) declare a vacancy in the national governing body for
that sport.
§ 220529. Arbitration of corporation determinations
(a) RIGHT TO REVIEW.—A party aggrieved by a determination
of the corporation under section 220527 or 220528 of this title
may obtain review by any regional office of the American Arbitration
Association.
(b) PROCEDURE.—(1) A demand for arbitration must be submit-
ted within 30 days after the determination of the corporation.
(2) On receipt of a demand for arbitration, the Association
shall serve notice on the parties to the arbitration and on the
corporation, and shall immediately proceed with arbitration accord-
ing to the commercial rules of the Association in effect at the
time the demand is filed, except that—
(A) the arbitration panel shall consist of at least 3 arbitra-
tors, unless the parties to the proceeding agree to a lesser
number;
(B) the arbitration hearing shall take place at a site
selected by the Association, unless the parties to the proceeding
agree to the use of another site; and
(C) the arbitration hearing shall be open to the public.
(3) A decision by the arbitrators shall be by majority vote
unless the concurrence of all arbitrators is expressly required by
the contesting parties.
(4) Each party may be represented by counsel or by any other
authorized representative at the arbitration proceeding.
(5) The parties may offer any evidence they desire and shall
produce any additional evidence the arbitrators believe is necessary
to an understanding and determination of the dispute. The arbitra-
tors shall be the sole judges of the relevancy and materiality of
the evidence offered. Conformity to legal rules of evidence is not
necessary.
(c) SETTLEMENT.—The arbitrators may settle a dispute arising
under this chapter before making a final award, if agreed to by
the parties and achieved in a manner not inconsistent with the
constitution and bylaws of the corporation.
(d) BINDING NATURE
OF DECISION.—Final decision of the
arbitrators is binding on the parties if the award is not inconsistent
with the constitution and bylaws of the corporation.
(e) REOPENING HEARINGS.—(1) At any time before a final deci-
sion is made, the hearings may be reopened by the arbitrators
on their own motion or on the motion of a party.
(2) If the reopening is based on the motion of a party, and
if the reopening would result in the arbitrators’ decision being
delayed beyond the specific period agreed to at the beginning of
the arbitration proceedings, all parties to the decision must agree
to reopen the hearings.
CHAPTER 2207—UNITED STATES SUBMARINE VETERANS
OF WORLD WAR II
Sec.
220701. Definition.
H. R. 1085—227
220702. Organization.
220703. Purposes.
220704. Membership.
220705. Governing body.
220706. Powers.
220707. Restrictions.
220708. Duty to maintain tax-exempt status.
220709. Records and inspection.
220710. Service of process.
220711. Liability for acts of officers and agents.
220712. Annual report.
§ 220701. Definition
For purposes of this chapter, ‘‘State’’ includes the District of
Columbia and the territories and possessions of the United States.
§ 220702. Organization
(a) FEDERAL CHARTER.—United States Submarine Veterans of
World War II (in this chapter, the ‘‘corporation’’), a nonprofit cor-
poration incorporated in New Jersey and Colorado, is a federally
chartered corporation.
(b) EXPIRATION OF CHARTER.—If the corporation does not com-
ply with any provision of this chapter, the charter granted by
this chapter expires.
§ 220703. Purposes
The purposes of the corporation are as provided in its articles
of incorporation and include—
(1) preserving and promoting patriotism and loyalty to
the United States of America;
(2) perpetuating and establishing memorials to the memory
of shipmates who served aboard United States submarines
and gave their lives in submarine warfare during World War
II;
(3) promoting the spirit and unity that existed among the
United States Navy submarine crewmen during World War
II;
(4) fostering general public awareness of life aboard sub-
marines during World War II, through securing, restoring, and
displaying the submarines that were in service at that time;
(5) sponsoring annual college scholarships; and
(6) performing acts of charity as provided in the constitu-
tion and bylaws of the corporation.
§ 220704. Membership
Except as provided in this chapter, eligibility for membership
in the corporation and the rights and privileges of members are
as provided in the constitution and bylaws of the corporation.
§ 220705. Governing body
(a) BOARD
OF DIRECTORS.—The board of directors and the
responsibilities of the board are as provided in the articles of
incorporation.
(b) OFFICERS.—The officers and the election of officers are as
provided in the articles of incorporation.
§ 220706. Powers
The corporation has only the powers provided in its bylaws
and articles of incorporation filed in each State in which it is
incorporated.
H. R. 1085—228
§ 220707. Restrictions
(a) STOCK
AND DIVIDENDS.—The corporation may not issue
stock or declare or pay a dividend.
(b) POLITICAL ACTIVITIES.—The corporation or a director or
officer as such may not contribute to, support, or otherwise partici-
pate 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 pay-
ment of reasonable compensation to an officer or reimbursement
for actual necessary expenses in amounts approved by the board
of directors.
(d) LOANS.—The corporation may not make a loan to a director,
officer, or employee.
(e) CLAIM OF GOVERNMENTAL APPROVAL OR AUTHORITY.—The
corporation may not claim congressional approval or the authority
of the United States Government for any of its activities.
§ 220708. Duty to maintain tax-exempt status
The corporation shall maintain its status as an organization
exempt from taxation under the Internal Revenue Code of 1986
(26 U.S.C. 1 et seq.).
§ 220709. Records and inspection
(a) RECORDS.—The corporation shall keep—
(1) correct and complete records of account;
(2) minutes of the proceedings of its members, board of
directors, and committees having any of the authority of its
board of directors; and
(3) at its principal office, a record of the names and
addresses of its members entitled to vote.
(b) INSPECTION.—A member entitled to vote, or an agent or
attorney of the member, may inspect the records of the corporation
for any proper purpose, at any reasonable time.
§ 220710. Service of process
The corporation shall comply with the law on service of process
of each State in which it is incorporated and each State in which
it carries on activities.
§ 220711. Liability for acts of officers and agents
The corporation is liable for the acts of its officers and agents
acting within the scope of their authority.
§ 220712. Annual report
The corporation shall submit an annual report to Congress
on the activities of the corporation during the prior fiscal year.
The report shall be submitted at the same time as the report
of the audit required by section 10101 of this title. The report
may not be printed as a public document.
CHAPTER 2301—VETERANS OF FOREIGN WARS OF THE
UNITED STATES
Sec.
230101. Organization.
H. R. 1085—229
230102. Purposes.
230103. Membership.
230104. Powers.
230105. Exclusive right to name, seal, emblems, and badges.
230106. Service of process.
230107. Annual report.
§ 230101. Organization
(a) FEDERAL CHARTER.—Veterans of Foreign Wars of the United
States (in this chapter, the ‘‘corporation’’), a national association
of men who as soldiers, sailors, marines, and airmen served this
Nation in wars, campaigns, and expeditions on foreign soil or in
hostile waters, is a federally chartered corporation.
(b) PERPETUAL EXISTENCE.—Except as otherwise provided, the
corporation has perpetual existence.
§ 230102. Purposes
The purposes of the corporation are fraternal, patriotic, histori-
cal, and educational, and are—
(1) to preserve and strengthen comradeship among its mem-
bers;
(2) to assist worthy comrades;
(3) to perpetuate the memory and history of our dead,
and to assist their widows and orphans;
(4) to maintain true allegiance to the Government of the
United States, and fidelity to its Constitution and laws;
(5) to foster true patriotism;
(6) to maintain and extend the institutions of American
freedom; and
(7) to preserve and defend the United States from all
enemies.
§ 230103. Membership
An individual is eligible for membership in the corporation
only if the individual served honorably as a member of the Armed
Forces of the United States—
(1) in a foreign war, insurrection, or expedition in service
that—
(A) has been recognized as campaign-medal service;
and
(B) is governed by the authorization of the award of
a campaign badge by the United States Government; or
(2) on the Korean peninsula or in its territorial waters
for at least 30 consecutive days, or a total of 60 days, after
June 30, 1949.
§ 230104. Powers
The corporation may—
(1) adopt and amend a constitution, bylaws, and regulations
to carry out the purposes of the corporation;
(2) adopt and alter a corporate seal;
(3) establish and maintain offices to conduct its activities;
(4) make contracts;
(5) acquire, own, lease, encumber, and transfer property
as necessary and appropriate to carry out the purposes of
the corporation;
(6) establish, regulate, and discontinue subordinate State
and territorial subdivisions and local chapters or posts;
(7) publish a magazine and other publications;
H. R. 1085—230
(8) sue and be sued; and
(9) do any other act necessary and proper to carry out
the purposes of the corporation.
§ 230105. Exclusive right to name, seal, emblems, and badges
The corporation has the exclusive right to use the name ‘‘Veter-
ans of Foreign Wars of the United States’’ and its corporate seal
and to manufacture and use emblems and badges the corporation
adopts.
§ 230106. Service of process
As a condition to the exercise of any power or privilege granted
by this chapter, the corporation shall file, with the secretary of
state or other designated official of each State, the name and
address of an agent in that State on whom legal process or demands
against the corporation may be served.
§ 230107. Annual report
Not later than January 1 of each year, the corporation shall
submit a report to Congress on the activities of the corporation
during the prior fiscal year. The report may not be printed as
a public document.
CHAPTER 2303—VETERANS OF WORLD WAR I OF THE
UNITED STATES OF AMERICA, INCORPORATED
Sec.
230301. Organization.
230302. Purposes.
230303. Membership.
230304. Governing body.
230305. Powers.
230306. Exclusive right to name, seals, emblems, and badges.
230307. Restrictions.
230308. Principal office.
230309. Records and inspection.
230310. Service of process.
230311. Liability for acts of officers and agents.
230312. Annual report.
230313. Termination of existence and distribution of assets.
§ 230301. Organization
(a) FEDERAL CHARTER.—Veterans of World War I of the United
States of America, Incorporated (in this chapter, the ‘‘corporation’’),
is a federally chartered corporation.
(b) PLACE OF INCORPORATION AND DOMICILE.—The corporation
is declared to be incorporated and domiciled in the District of
Columbia.
(c) PERPETUAL EXISTENCE.—Except as otherwise provided, the
corporation has perpetual existence.
§ 230302. Purposes
The purposes of the corporation are patriotic, fraternal, histori-
cal, and educational, in the service and for the benefit of veterans
of World War I, and are—
(1) to provide for the veterans of World War I an organiza-
tion for their mutual benefit, pleasure, and amusement which
will afford them opportunities and means for personal contact
with each other to keep alive friendships and memories of
World War I and to venerate the memory of their honored
dead;
H. R. 1085—231
(2) to cooperate to the fullest extent and in a harmonious
manner with all veterans’ organizations so that the best
interests of all veterans of all wars in which the United States
has participated, and the widows and orphans of deceased
veterans of those wars, may best be served;
(3) to stimulate communities and political subdivisions into
taking more interest in veterans of World War I, the widows
and orphans of those deceased veterans, and the problems
of those veterans and their widows and orphans;
(4) to collate, preserve, and encourage the study of histori-
cal episodes, chronicles, mementos, and events pertaining to
World War I;
(5) to fight vigorously to uphold the Constitution and laws
of the United States as well as the individual States of the
Union and to foster the spirit and practice of true Americanism;
(6) to fight unceasingly for our national security to protect
Americans from enemies within our borders, as well as those
from without, so that our American way of life is preserved;
(7) to fight to the utmost all those alien forces, particularly
forces such as communism, whose objectives are to deny our
very existence as a free people; and
(8) to do any other act necessary and proper to carry
out the purposes of the corporation.
§ 230303. Membership
(a) ELIGIBILITY.—Eligibility for membership in the corporation
and the rights, privileges, and designation of classes of members
are as provided in the constitution and bylaws of the corporation.
However, an individual who did not serve honorably in the Armed
Forces of the United States during the period beginning April
6, 1917, and ending November 11, 1918, is not eligible for all
classes of membership.
(b) VOTING.—Each member of the corporation (except an associ-
ate or honorary member) has one vote on each matter submitted
to a vote at a meeting of the members of the corporation except
the national convention.
§ 230304. Governing body
(a) NATIONAL CONVENTION.—(1) The national convention is the
supreme governing authority of the corporation.
(2) The national convention is composed of officers and elected
representatives from the States and other local subdivisions of
the corporation as provided in the constitution and bylaws of the
corporation. However, the form of government of the corporation
must be representative of the membership at large and may not
permit concentration of control in a limited number of members
or in a self-perpetuating group not representative of the membership
at large. Each elected representative is entitled to one vote at
the national convention.
(3) The meetings of the national convention may be held in
the District of Columbia or in any State, territory, or possession
of the United States.
(b) BOARD
OF
ADMINISTRATION.—(1) During the intervals
between the national convention, the board of administration is
the governing board of the corporation and is responsible for the
general policies, program, and activities of the corporation.
H. R. 1085—232
(2) The board shall consist of at least 7 members elected in
the manner and for the term provided in the constitution and
bylaws.
(c) OFFICERS.—(1) The officers of the corporation are a national
commander, a national senior vice commander, a national junior
vice commander, a national quartermaster, a national adjutant,
a national judge advocate, 9 regional vice commanders, and other
officers as provided in the constitution and bylaws. One individual
may hold the offices of national quartermaster and national adju-
tant.
(2) The titles, manner of selection, term of office, and duties
of the officers are as provided in the constitution and bylaws.
§ 230305. Powers
The corporation may—
(1) adopt and amend a constitution and bylaws for the
management of its property and the regulation of its affairs;
(2) adopt and alter a corporate seal;
(3) choose officers, managers, employees, and agents as
the activities of the corporation require;
(4) make contracts;
(5) acquire, own, lease, encumber, and transfer property
as necessary or convenient to carry out the purposes of the
corporation;
(6) borrow money, issue instruments of indebtedness, and
secure its obligations by granting security interests in its prop-
erty;
(7) sue and be sued; and
(8) do any other act necessary and proper to carry out
the purposes of the corporation.
§ 230306. Exclusive right to name, seals, emblems, and
badges
The corporation and its subordinate divisions have the exclusive
right to use the name ‘‘Veterans of World War I of the United
States of America, Incorporated’’. The corporation has the exclusive
right to use, and to allow others to use, seals, emblems, and badges
the corporation adopts.
§ 230307. Restrictions
(a) STOCKS AND DIVIDENDS.—The corporation may not issue
stock or declare or pay a dividend.
(b) POLITICAL ACTIVITIES.—The corporation or an officer or
agent as such may not contribute to, support, or assist a political
party or candidate for public office.
(c) DISTRIBUTION OF INCOME OR ASSETS.—The income or assets
of the corporation may not inure to the benefit of, or be distributed
to, an officer or member during the life of the corporation or on
its dissolution or final liquidation. This subsection does not prevent
the payment of compensation to an officer or reimbursement for
actual necessary expenses in amounts approved by the board of
administration of the corporation.
(d) LOANS.—The corporation may not make a loan or advance
to an officer or employee. Members of the board of administration
who vote for or assent to making a loan or advance to an officer
or employee, and officers who participate in making the loan or
H. R. 1085—233
advance, are jointly and severally liable to the corporation for
the amount of the loan or advance until it is repaid.
§ 230308. Principal office
The principal office of the corporation shall be in the District
of Columbia or another place decided by the board of administration.
However, the activities of the corporation are not confined to the
place where the principal office is located but may be conducted
in the District of Columbia and throughout the States, territories,
and possessions of the United States.
§ 230309. Records and inspection
(a) RECORDS.—The corporation shall keep—
(1) correct and complete records of account; and
(2) minutes of the proceedings of its national convention
and board of administration.
(b) INSPECTION.—A member, or an agent or attorney of the
member, may inspect the records of the corporation for any proper
purpose, at any reasonable time.
§ 230310. Service of process
The corporation shall have a designated agent in the District
of Columbia to receive service of process for the corporation. Notice
to or service on the agent, or mailed to the business address
of the agent, is notice to or service on the corporation.
§ 230311. Liability for acts of officers and agents
The corporation is liable for the acts of its officers and agents
acting within the scope of their authority.
§ 230312. Annual report
Not later than March 1 of each year, the corporation shall
submit a report to Congress on the activities of the corporation
during the prior fiscal year. The report may consist of a report
on the proceedings of the national convention.
§ 230313. Termination of existence and distribution of assets
(a) AUTHORITY
TO
MAKE
CONTINGENT
PROVISIONS.—The
national convention, by resolution, may declare that the corporate
existence will terminate on the occurrence of a specified event
and provide for the disposition of any property remaining after
the discharge of all liabilities.
(b) PROCEDURE FOR CARRYING OUT CONTINGENT PROVISIONS.—
(1) An authenticated copy of the national convention’s resolution
must be filed in the office of the United States District Court
for the District of Columbia.
(2) The court shall take jurisdiction when—
(A) the declared event has occurred; and
(B) a petition is filed with the court reciting the relevant
facts.
(3) On proof of the facts, the court shall enter an order vesting
title and ownership in accordance with the resolution of the national
convention.
CHAPTER 2305—VIETNAM VETERANS OF AMERICA, INC.
Sec.
230501. Definition.
H. R. 1085—234
230502. Organization.
230503. Purposes.
230504. Membership.
230505. Governing body.
230506. Powers.
230507. Exclusive right to name, seals, emblems, and badges.
230508. Restrictions.
230509. Duty to maintain tax-exempt status.
230510. Records and inspection.
230511. Service of process.
230512. Liability for acts of officers and agents.
230513. Annual report.
§ 230501. Definition
For purposes of this chapter, ‘‘State’’ includes the District of
Columbia and the territories and possessions of the United States.
§ 230502. Organization
(a) FEDERAL CHARTER.—Vietnam Veterans of America, Inc. (in
this chapter, the ‘‘corporation’’), a nonprofit corporation incorporated
in New York, is a federally chartered corporation.
(b) EXPIRATION OF CHARTER.—If the corporation does not com-
ply with any provision of this chapter, the charter granted by
this chapter expires.
§ 230503. Purposes
The purposes of the corporation are as provided in its articles
of incorporation, constitution, and bylaws and include a commit-
ment—
(1) to uphold and defend the Constitution of the United
States;
(2) to foster improvement of the condition of Vietnam-
era veterans;
(3) to promote the social welfare (including educational,
economic, social, physical, and cultural improvement) of Viet-
nam-era veterans and other veterans in the United States
by encouraging their growth, development, readjustment, self-
respect, self-confidence, and usefulness;
(4) to improve conditions for Vietnam-era veterans and
develop channels of communication to assist Vietnam-era veter-
ans;
(5) to conduct and publish research, on a nonpartisan basis,
pertaining to—
(A) the relationship between Vietnam-era veterans and
American society;
(B) the Vietnam war experience;
(C) the role of the United States in securing peaceful
coexistence for the world community; and
(D) other matters that affect the educational, economic,
social, physical, or cultural welfare of Vietnam-era veter-
ans, other veterans, and their families;
(6) to assist disabled Vietnam-era veterans and other veter-
ans in need of assistance and the dependents and survivors
of those veterans; and
(7) to consecrate the efforts of the members of the corpora-
tion, and Vietnam-era veterans generally, to mutual helpfulness
and service to their country.
§ 230504. Membership
(a) ELIGIBILITY.—Except as provided in this chapter, eligibility
for membership in the corporation and the rights and privileges
H. R. 1085—235
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.
§ 230505. Governing body
(a) BOARD
OF DIRECTORS.—The board of directors and the
responsibilities of the board are as provided in the constitution
and bylaws of the corporation.
(b) OFFICERS.—The officers and the election of officers are as
provided in the constitution and bylaws of the corporation.
(c) NONDISCRIMINATION.—The requirements for serving as a
director or officer may not discriminate on the basis of race, color,
religion, sex, disability, age, or national origin.
§ 230506. Powers
The corporation has only the powers provided in its articles
of incorporation filed in the State of incorporation and in its con-
stitution and bylaws.
§ 230507. Exclusive right to name, seals, emblems, and
badges
The corporation has the exclusive right to use the names ‘‘The
Vietnam Veterans of America, Inc.’’, ‘‘Vietnam Veterans of America,
Inc.’’, and ‘‘Vietnam Veterans of America’’, and seals, emblems,
and badges the corporation adopts. This section does not affect
any vested rights.
§ 230508. Restrictions
(a) STOCK
AND DIVIDENDS.—The corporation may not issue
stock or declare or pay a dividend.
(b) DISTRIBUTION OF INCOME OR ASSETS.—The income or assets
of the corporation may not inure to the benefit of, or be distributed
to, a director, officer, or member during the life of the charter
granted by this chapter. This subsection does not prevent the pay-
ment of reasonable compensation to an officer or reimbursement
for actual necessary expenses in amounts approved by the board
of directors.
(c) LOANS.—The corporation may not make a loan to a director,
officer, or employee.
(d) CLAIM OF GOVERNMENTAL APPROVAL OR AUTHORITY.—The
corporation may not claim congressional approval or the authority
of the United States Government for any of its activities.
§ 230509. Duty to maintain tax-exempt status
The corporation shall maintain its status as an organization
exempt from taxation under the Internal Revenue Code of 1986
(26 U.S.C. 1 et seq.).
§ 230510. Records and inspection
(a) RECORDS.—The corporation shall keep—
(1) correct and complete records of account;
(2) minutes of the proceedings of its members, board of
directors, and committees having any of the authority of its
board of directors; and
H. R. 1085—236
(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.
§ 230511. Service of process
The corporation shall comply with the law on service of process
of each State in which it is incorporated and each State in which
it carries on activities.
§ 230512. Liability for acts of officers and agents
The corporation is liable for the acts of its officers and agents
acting within the scope of their authority.
§ 230513. Annual report
The corporation shall submit an annual report to Congress
on the activities of the corporation during the prior fiscal year.
The report shall be submitted at the same time as the report
of the audit required by section 10101 of this title. The report
may not be printed as a public document.
CHAPTER 2401—WOMEN’S ARMY CORPS VETERANS’
ASSOCIATION
Sec.
240101. Definition.
240102. Organization.
240103. Purposes.
240104. Membership.
240105. Governing body.
240106. Powers.
240107. Restrictions.
240108. Duty to maintain tax-exempt status.
240109. Records and inspection.
240110. Service of process.
240111. Liability for acts of officers and agents.
240112. Annual report.
§ 240101. Definition
For purposes of this chapter, ‘‘State’’ includes the District of
Columbia and the territories and possessions of the United States.
§ 240102. Organization
(a) FEDERAL
CHARTER.—Women’s Army Corps Veterans’
Association (in this chapter, the ‘‘corporation’’), a nonprofit corpora-
tion incorporated in the District of Columbia, is a federally char-
tered corporation.
(b) EXPIRATION OF CHARTER.—If the corporation does not com-
ply with any provision of this chapter, the charter granted by
this chapter expires.
§ 240103. Purposes
The purposes of the corporation are as provided in its articles
of incorporation and include a continuing commitment on a national
basis—
(1) to promote the general welfare of all veterans, especially
women veterans, who have served or are serving in the United
States Army, the Army Reserve, and the Army National Guard;
(2) to recognize outstanding women in college ROTC units
throughout the United States; and
H. R. 1085—237
(3) to provide services and support to patients in medical
facilities of the Department of Veterans Affairs throughout
the United States.
§ 240104. Membership
Eligibility for membership in the corporation and the rights
and privileges of members are as provided in the constitution and
bylaws of the corporation.
§ 240105. Governing body
(a) BOARD
OF DIRECTORS.—The board of directors and the
responsibilities of the board are as provided in the articles of
incorporation.
(b) OFFICERS.—The officers and the election of officers are as
provided in the articles of incorporation.
§ 240106. Powers
The corporation has only the powers provided in its bylaws
and articles of incorporation filed in each State in which it is
incorporated.
§ 240107. Restrictions
(a) STOCK
AND DIVIDENDS.—The corporation may not issue
stock or declare or pay a dividend.
(b) POLITICAL ACTIVITIES.—The corporation or a director or
officer as such may not contribute to, support, or otherwise partici-
pate 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 pay-
ment of reasonable compensation to an officer or reimbursement
for actual necessary expenses in amounts approved by the board
of directors.
(d) LOANS.—The corporation may not make a loan to a director,
officer, or employee.
(e) CLAIM OF GOVERNMENTAL APPROVAL OR AUTHORITY.—The
corporation may not claim the approval or the authority of the
United States Government for any of its activities.
§ 240108. Duty to maintain tax-exempt status
The corporation shall maintain its status as an organization
exempt from taxation under the Internal Revenue Code of 1986
(26 U.S.C. 1 et seq.).
§ 240109. Records and inspection
(a) RECORDS.—The corporation shall keep—
(1) correct and complete records of account;
(2) minutes of the proceedings of its members, board of
directors, and committees having any of the authority of its
board of directors; and
(3) at its principal office, a record of the names and
addresses of its members entitled to vote.
(b) INSPECTION.—A member entitled to vote, or an agent or
attorney of the member, may inspect the records of the corporation
for any proper purpose, at any reasonable time.
H. R. 1085—238
§ 240110. Service of process
The corporation shall comply with the law on service of process
of each State in which it is incorporated and each State in which
it carries on activities.
§ 240111. Liability for acts of officers and agents
The corporation is liable for the acts of its officers or agents
acting within the scope of their authority.
§ 240112. Annual report
The corporation shall submit an annual report to Congress
on the activities of the corporation during the prior fiscal year.
The report shall be submitted at the same time as the report
of the audit required by section 10101 of this title. The report
may not be printed as a public document.
CHAPTER 2501—[RESERVED]
CHAPTER 2601—[RESERVED]
CHAPTER 2701—[RESERVED]
SUBTITLE III—TREATY OBLIGATION
ORGANIZATIONS
CHAPTER
Sec.
3001.
THE AMERICAN NATIONAL RED CROSS ...........................................300101
CHAPTER 3001—THE AMERICAN NATIONAL RED CROSS
Sec.
300101. Organization.
300102. Purposes.
300103. Membership and chapters.
300104. Board of governors.
300105. Powers.
300106. Emblem, badge, and brassard.
300107. Annual meeting.
300108. Buildings.
300109. Endowment fund.
300110. Annual report and audit.
300111. Reservation of right to amend or repeal.
§ 300101. Organization
(a) FEDERAL CHARTER.—The American National Red Cross (in
this chapter, the ‘‘corporation’’) is a body corporate and politic
in the District of Columbia.
(b) NAME.—The name of the corporation is ‘‘The American
National Red Cross’’.
(c) PERPETUAL EXISTENCE.—Except as otherwise provided, the
corporation has perpetual existence.
§ 300102. Purposes
The purposes of the corporation are—
(1) to provide volunteer aid in time of war to the sick
and wounded of the Armed Forces, in accordance with the
spirit and conditions of—
(A) the conference of Geneva of October 1863;
(B) the treaties of the Red Cross, or the treaties of
Geneva, August 22, 1864, July 27, 1929, and August 12,
H. R. 1085—239
1949, to which the United States of America has given
its adhesion; and
(C) any other treaty, convention, or protocol similar
in purpose to which the United States of America has
given or may give its adhesion;
(2) in carrying out the purposes described in paragraph
(1) of this section, to perform all the duties devolved on a
national society by each nation that has acceded to any of
those treaties, conventions, or protocols;
(3) to act in matters of voluntary relief and in accordance
with the military authorities as a medium of communication
between the people of the United States and the Armed Forces
of the United States and to act in those matters between
similar national societies of governments of other countries
through the International Committee of the Red Cross and
the Government, the people, and the Armed Forces of the
United States; and
(4) to carry out a system of national and international
relief in time of peace, and to apply that system in mitigating
the suffering caused by pestilence, famine, fire, floods, and
other great national calamities, and to devise and carry out
measures for preventing those calamities.
§ 300103. Membership and chapters
(a) MEMBERSHIP.—Membership in the corporation is open to
all the people of the United States and its territories and posses-
sions, on payment of an amount specified in the bylaws.
(b) CHAPTERS.—(1) The chapters of the corporation are the
local units of the corporation. The board of governors shall prescribe
regulations related to—
(A) granting charters to the chapters and revoking those
charters;
(B) the territorial jurisdiction of the chapters;
(C) the relationship of the chapters to the corporation;
and
(D) compliance by the chapters with the policies and regula-
tions of the corporation.
(2) The regulations shall require that each chapter adhere
to the democratic principles of election specified in the bylaws
in electing the governing body of the chapter and selecting delegates
to the national convention of the corporation.
§ 300104. Board of governors
(a) BOARD OF GOVERNORS.—(1) The board of governors is the
governing body of the corporation with all powers of governing
and managing the corporation. The board has 50 members. The
governors shall be appointed or elected in the following manner:
(A) The President shall appoint eight governors, one of
whom the President shall designate to act as the principal
officer of the corporation with the title and functions provided
in the bylaws. The other governors appointed by the President
shall be officials of departments and agencies of the United
States Government, whose positions and interests qualify them
to contribute to carrying out the programs and purposes of
the corporation. At least one, but not more than three, of
those officials shall be selected from the Armed Forces.
H. R. 1085—240
(B) The chapters shall elect 30 governors at the national
convention under procedures for nomination and election that
ensure equitable representation of all chapters, with regard
to geographical considerations, the size of the chapters, and
the size of the populations served by the chapters.
(C) The board shall elect 12 governors as members-at-
large. Those governors shall be individuals who are representa-
tive of the national interests that the corporation serves, and
with which it is desirable that the corporation have close
association.
(2) One-third of the members elected to the board shall be
elected at each national convention, and take office at that time
or as soon as practicable after the convention.
(b) TERM OF OFFICE AND VACANCIES.—(1) The term of office
of each governor is 3 years. However, the term of office of a governor
appointed by the President (except the principal officer of the cor-
poration) expires if, before the end of the 3-year term, the governor
retires from the official position held at the time of appointment
as a governor.
(2) The President shall fill as soon as practicable a vacancy
in the office of the principal officer of the corporation or in the
position of another governor appointed by the President. The board
shall make a temporary appointment to fill a vacancy occurring
in an elected position on the board. An individual appointed by
the board to fill a vacancy serves until the next national convention.
(c) EXECUTIVE COMMITTEE.—The board may—
(1) appoint, from its own members, an executive committee
of at least 11 individuals to exercise the powers of the board
when the board is not in session; and
(2) appoint and remove, or provide for the appointment
and removal of, officers and employees of the corporation, except
the principal officer of the corporation.
(d) VOTING BY PROXY.—Voting by proxy is not allowed at any
meeting of the board, at the national convention, or at any meeting
of a chapter. However, the board may allow the election of governors
by proxy at the national convention if the board believes a national
emergency makes attendance at the national convention impossible.
§ 300105. Powers
(a) GENERAL.—The corporation may—
(1) adopt bylaws and regulations;
(2) adopt, alter, and destroy a seal;
(3) own and dispose of property to carry out the purposes
of the corporation;
(4) accept gifts, devises, and bequests of property to carry
out the purposes of the corporation;
(5) sue and be sued in courts of law and equity, State
or Federal, within the jurisdiction of the United States; and
(6) do any other act necessary to carry out this chapter
and promote the purposes of the corporation.
(b) DESIGNATION.—The corporation is designated as the
organization authorized to act in matters of relief under the treaties
of Geneva, August 22, 1864, July 27, 1929, and August 12, 1949.
§ 300106. Emblem, badge, and brassard
(a) EMBLEM AND BADGE.—In carrying out its purposes under
this chapter, the corporation may have and use, as an emblem
H. R. 1085—241
and badge, a Greek red cross on a white ground, as described
in the treaties of Geneva, August 22, 1864, July 27, 1929, and
August 12, 1949, and adopted by the nations acceding to those
treaties.
(b) DELIVERY OF BRASSARD.—In accordance with those treaties,
the delivery of the brassard allowed for individuals neutralized
in time of war shall be left to military authority.
§ 300107. Annual meeting
The annual meeting of the corporation is the national conven-
tion of delegates of the chapters. The national convention shall
be held annually on a date and at a place specified by the board
of governors. In matters requiring a vote at the national convention,
each chapter is entitled to at least one vote. The board shall deter-
mine on an equitable basis the number of votes that each chapter
is entitled to cast, taking into consideration the size of the member-
ship of the chapters and of the populations served by the chapters.
The board shall review the allocation of votes at least every 5
years.
§ 300108. Buildings
(a) OWNERSHIP.—The United States Government shall retain
ownership of the corporation’s permanent headquarters, comprised
of buildings erected on square 172 in the District of Columbia,
including—
(1) the memorial building to commemorate the service and
sacrifice of the women of the United States, North and South,
during the Civil War, erected for the use of the corporation;
(2) the memorial building to commemorate the service and
sacrifice of the patriotic women of the United States, its terri-
tories and possessions, and the District of Columbia during
World War I, erected for the use of the corporation; and
(3) the permanent building erected for the use of the cor-
poration in connection with its work in cooperation with the
Government.
(b) MAINTENANCE
AND
EXPENSES.—Those buildings shall
remain under the supervision of the Administrator of General Serv-
ices. However, the corporation shall care for and maintain the
buildings without expense to the Government.
§ 300109. Endowment fund
The endowment fund of the corporation shall be kept and
invested under the management and control of a board of nine
trustees elected by the board of governors. The board of governors
shall prescribe regulations on terms and tenure of office, account-
ability, and expenses of the board of trustees.
§ 300110. Annual report and audit
(a) SUBMISSION OF REPORT.—As soon as practicable after July
1 of each year, the corporation shall submit a report to the Secretary
of Defense on the activities of the corporation during the fiscal
year ending June 30, including a complete, itemized report of all
receipts and expenditures.
(b) AUDITING OF REPORT AND SUBMISSION TO CONGRESS.—The
Secretary shall audit the report and submit a copy of the audited
report to Congress.
H. R. 1085—242
(c) PAYMENT
OF
AUDIT
EXPENSES.—The corporation shall
reimburse the Secretary each year for auditing its accounts. The
amount paid shall be deposited in the Treasury of the United
States as a miscellaneous receipt.
§ 300111. Reservation of right to amend or repeal
Congress reserves the right to amend or repeal the provisions
of this chapter.
SEC. 2. THE FLAG.
(a) Chapter 1 of title 4, United States Code, is amended by
adding at the end the following new sections:
‘‘§ 4. Pledge of allegiance to the flag; manner of delivery
‘‘The Pledge of Allegiance to the Flag, ‘I pledge allegiance
to the Flag of the United States of America, and to the Republic
for which it stands, one Nation under God, indivisible, with liberty
and justice for all.’, should be rendered by standing at attention
facing the flag with the right hand over the heart. When not
in uniform men should remove their headdress with their right
hand and hold it at the left shoulder, the hand being over the
heart. Persons in uniform should remain silent, face the flag, and
render the military salute.
‘‘§ 5. Display and use of flag by civilians; codification of rules
and customs; definition
‘‘The following codification of existing rules and customs
pertaining to the display and use of the flag of the United States
of America is established for the use of such civilians or civilian
groups or organizations as may not be required to conform with
regulations promulgated by one or more executive departments
of the Government of the United States. The flag of the United
States for the purpose of this chapter shall be defined according
to sections 1 and 2 of this title and Executive Order 10834 issued
pursuant thereto.
‘‘§ 6. Time and occasions for display
‘‘(a) It is the universal custom to display the flag only from
sunrise to sunset on buildings and on stationary flagstaffs in the
open. However, when a patriotic effect is desired, the flag may
be displayed 24 hours a day if properly illuminated during the
hours of darkness.
‘‘(b) The flag should be hoisted briskly and lowered ceremo-
niously.
‘‘(c) The flag should not be displayed on days when the weather
is inclement, except when an all weather flag is displayed.
‘‘(d) The flag should be displayed on all days, especially on
New Year’s Day, January 1; Inauguration Day, January 20; Lin-
coln’s Birthday, February 12; Washington’s Birthday, third Monday
in February; Easter Sunday (variable); Mother’s Day, second Sun-
day in May; Armed Forces Day, third Saturday in May; Memorial
Day (half-staff until noon), the last Monday in May; Flag Day,
June 14; Independence Day, July 4; Labor Day, first Monday in
September; Constitution Day, September 17; Columbus Day, second
Monday in October; Navy Day, October 27; Veterans Day, November
11; Thanksgiving Day, fourth Thursday in November; Christmas
Day, December 25; and such other days as may be proclaimed
H. R. 1085—243
by the President of the United States; the birthdays of States
(date of admission); and on State holidays.
‘‘(e) The flag should be displayed daily on or near the main
administration building of every public institution.
‘‘(f ) The flag should be displayed in or near every polling
place on election days.
‘‘(g) The flag should be displayed during school days in or
near every schoolhouse.
‘‘§ 7. Position and manner of display
‘‘The flag, when carried in a procession with another flag or
flags, should be either on the marching right; that is, the flag ’s
own right, or, if there is a line of other flags, in front of the
center of that line.
‘‘(a) The flag should not be displayed on a float in a parade
except from a staff, or as provided in subsection (i) of this section.
‘‘(b) The flag should not be draped over the hood, top, sides,
or back of a vehicle or of a railroad train or a boat. When the
flag is displayed on a motorcar, the staff shall be fixed firmly
to the chassis or clamped to the right fender.
‘‘(c) No other flag or pennant should be placed above or, if
on the same level, to the right of the flag of the United States
of America, except during church services conducted by naval chap-
lains at sea, when the church pennant may be flown above the
flag during church services for the personnel of the Navy. No
person shall display the flag of the United Nations or any other
national or international flag equal, above, or in a position of
superior prominence or honor to, or in place of, the flag of the
United States at any place within the United States or any Territory
or possession thereof: Provided, That nothing in this section shall
make unlawful the continuance of the practice heretofore followed
of displaying the flag of the United Nations in a position of superior
prominence or honor, and other national flags in positions of equal
prominence or honor, with that of the flag of the United States
at the headquarters of the United Nations.
‘‘(d) The flag of the United States of America, when it is
displayed with another flag against a wall from crossed staffs,
should be on the right, the flag ’s own right, and its staff should
be in front of the staff of the other flag.
‘‘(e) The flag of the United States of America should be at
the center and at the highest point of the group when a number
of flags of States or localities or pennants of societies are grouped
and displayed from staffs.
‘‘(f ) When flags of States, cities, or localities, or pennants of
societies are flown on the same halyard with the flag of the United
States, the latter should always be at the peak. When the flags
are flown from adjacent staffs, the flag of the United States should
be hoisted first and lowered last. No such flag or pennant may
be placed above the flag of the United States or to the United
States flag ’s right.
‘‘(g) When flags of two or more nations are displayed, they
are to be flown from separate staffs of the same height. The flags
should be of approximately equal size. International usage forbids
the display of the flag of one nation above that of another nation
in time of peace.
‘‘(h) When the flag of the United States is displayed from
a staff projecting horizontally or at an angle from the window
H. R. 1085—244
sill, balcony, or front of a building, the union of the flag should
be placed at the peak of the staff unless the flag is at half-staff.
When the flag is suspended over a sidewalk from a rope extending
from a house to a pole at the edge of the sidewalk, the flag
should be hoisted out, union first, from the building.
‘‘(i) When displayed either horizontally or vertically against
a wall, the union should be uppermost and to the flag ’s own
right, that is, to the observer’s left. When displayed in a window,
the flag should be displayed in the same way, with the union
or blue field to the left of the observer in the street.
‘‘(j) When the flag is displayed over the middle of the street,
it should be suspended vertically with the union to the north
in an east and west street or to the east in a north and south
street.
‘‘(k) When used on a speaker’s platform, the flag, if displayed
flat, should be displayed above and behind the speaker. When
displayed from a staff in a church or public auditorium, the flag
of the United States of America should hold the position of superior
prominence, in advance of the audience, and in the position of
honor at the clergyman’s or speaker’s right as he faces the audience.
Any other flag so displayed should be placed on the left of the
clergyman or speaker or to the right of the audience.
‘‘(l) The flag should form a distinctive feature of the ceremony
of unveiling a statue or monument, but it should never be used
as the covering for the statue or monument.
‘‘(m) The flag, when flown at half-staff, should be first hoisted
to the peak for an instant and then lowered to the half-staff position.
The flag should be again raised to the peak before it is lowered
for the day. On Memorial Day the flag should be displayed at
half-staff until noon only, then raised to the top of the staff. By
order of the President, the flag shall be flown at half-staff upon
the death of principal figures of the United States Government
and the Governor of a State, territory, or possession, as a mark
of respect to their memory. In the event of the death of other
officials or foreign dignitaries, the flag is to be displayed at half-
staff according to Presidential instructions or orders, or in accord-
ance with recognized customs or practices not inconsistent with
law. In the event of the death of a present or former official
of the government of any State, territory, or possession of the
United States, the Governor of that State, territory, or possession
may proclaim that the National flag shall be flown at half-staff.
The flag shall be flown at half-staff 30 days from the death of
the President or a former President; 10 days from the day of
death of the Vice President, the Chief Justice or a retired Chief
Justice of the United States, or the Speaker of the House of Rep-
resentatives; from the day of death until interment of an Associate
Justice of the Supreme Court, a Secretary of an executive or military
department, a former Vice President, or the Governor of a State,
territory, or possession; and on the day of death and the following
day for a Member of Congress. The flag shall be flown at half-
staff on Peace Officers Memorial Day, unless that day is also
Armed Forces Day. As used in this subsection—
‘‘(1) the term ‘half-staff’ means the position of the flag
when it is one-half the distance between the top and bottom
of the staff;