193
§ 152508. Principal office
The principal office of the corporation shall be in Chicago, Illinois, or
another place decided by the board of directors. However, the activities of
the corporation are not confined to the place where the principal office is
located but may be conducted throughout the States, territories, and posses-
sions of the United States.
§ 152509. Records and inspection
(a) RECORDS.—The corporation shall keep—
(1) correct and complete records of account;
(2) minutes of the proceedings of its members, board of directors,
and committees having any of the authority of its board of directors;
and
(3) at its principal office, a record of the names and addresses of
its members entitled to vote.
(b) INSPECTION.—A member entitled to vote, or an agent or attorney
of the member, may inspect the records of the corporation for any proper
purpose, at any reasonable time.
§ 152510. Service of process
The corporation shall have a designated agent in the District of Colum-
bia to receive service of process for the corporation. Notice to or service on
the agent, or mailed to the business address of the agent, is notice to or
service on the corporation.
§ 152511. Liability for acts of officers and agents
The corporation is liable for the acts of its officers and agents acting
within the scope of their authority.
§ 152512. Distribution of assets on dissolution or final liq-
uidation
On dissolution or final liquidation of the corporation, any assets re-
maining after the discharge of all liabilities shall be distributed as provided
by the board of directors, but in compliance with the constitution and by-
laws of the corporation.
CHAPTER 1527—NATIONAL SKI PATROL SYSTEM,
INCORPORATED
Sec.
152701.
Definition.
152702.
Organization.
152703.
Purposes.
152704.
Membership.
152705.
Governing body.
152706.
Powers.
152707.
Restrictions.
152708.
Duty to maintain tax-exempt status.
152709.
Records and inspection.
152710.
Service of process.
152711.
Liability for acts of officers and agents.
152712.
Annual report.
194
§ 152701. Definition
For purposes of this chapter, ‘‘State’’ includes the District of Columbia
and the territories and possessions of the United States.
§ 152702. Organization
(a) FEDERAL CHARTER.—National Ski Patrol System, Incorporated
(in this chapter, the ‘‘corporation’’), incorporated in New York and Colo-
rado, is a federally chartered corporation.
(b) EXPIRATION OF CHARTER.—If the corporation does not comply
with any provision of this chapter, the charter granted by this chapter ex-
pires.
§ 152703. Purposes
The purposes of the corporation are—
(1) to promote, in every way, patriotic, scientific, educational, and
civic improvement activities and public safety in skiing, by such means
as the dissemination of information and the formation of volunteer
local patrols consisting of competent skiers trained in first aid for the
purpose of preventing accidents and rendering speedy assistance to in-
dividuals sustaining accidents; and
(2) to solicit contributions of money, services, and other property
for, and generally to encourage and assist in carrying out, these pur-
poses in every way.
§ 152704. Membership
Except as provided in this chapter, eligibility for membership in the
corporation and the rights and privileges of members are as provided in the
bylaws.
§ 152705. Governing body
(a) BOARD OF DIRECTORS.—The board of directors and the respon-
sibilities of the board are as provided in the articles of incorporation.
(b) OFFICERS.—The officers and the election of officers are as pro-
vided in the articles of incorporation.
§ 152706. Powers
The corporation has only the powers provided in its bylaws and articles
of incorporation filed in each State in which it is incorporated.
§ 152707. Restrictions
(a) STOCK AND DIVIDENDS.—The corporation may not issue stock or
declare or pay a dividend.
(b) POLITICAL ACTIVITIES.—The corporation or a director or officer as
such may not contribute to, support, or participate in any political activity
or in any manner attempt to influence legislation.
(c) DISTRIBUTION OF INCOME OR ASSETS.—The income or assets of
the corporation may not inure to the benefit of, or be distributed to, a direc-
195
tor, officer, or member during the life of the charter granted by this chap-
ter. This subsection does not prevent the payment of reasonable compensa-
tion 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, offi-
cer, or employee.
§ 152708. Duty to maintain tax-exempt status
The corporation shall maintain its status as an organization exempt
from taxation under the Internal Revenue Code of 1986 (26 U.S.C. 1 et
seq.).
§ 152709. Records and inspection
(a) RECORDS.—The corporation shall keep—
(1) correct and complete records of account;
(2) minutes of the proceedings of its members, board of directors,
and committees having any of the authority of its board of directors;
and
(3) at its principal office, a record of the names and addresses of
its members entitled to vote.
(b) INSPECTION.—A member entitled to vote, or an agent or attorney
of the member, may inspect the records of the corporation for any proper
purpose, at any reasonable time.
§ 152710. Service of process
The corporation shall comply with the law on service of process of each
State in which it is incorporated and each State in which it carries on ac-
tivities.
§ 152711. Liability for acts of officers and agents
The corporation is liable for the acts of its officers and agents acting
within the scope of their authority.
§ 152712. Annual report
The corporation shall submit an annual report to Congress on the ac-
tivities 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.
196
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 comply
with any provision of this chapter, the charter granted by this chapter ex-
pires.
§ 152903. Purposes
The purposes of the corporation are as provided in the articles of incor-
poration 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 veter-
ans 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 corporation.
§ 152904. 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 discrimi-
nate on the basis of race, color, religion, or national origin.
§ 152905. Governing body
(a) BOARD OF DIRECTORS.—The board of directors and the respon-
sibilities of the board are as provided in the articles of incorporation or by-
laws.
197
(b) OFFICERS.—The officers and the election of officers are as pro-
vided 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 na-
tional origin.
§ 152906. Powers
The corporation has only the powers provided in its bylaws and articles
of incorporation filed in each State in which it is incorporated.
§ 152907. Exclusive right to name, seals, emblems, and
badges
The corporation has the exclusive right to use the name ‘‘National So-
ciety, 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 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 direc-
tor, officer, or member during the life of the charter granted by this chap-
ter. This subsection does not prevent the payment of reasonable compensa-
tion 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, offi-
cer, or employee.
(e) CLAIM OF GOVERNMENTAL APPROVAL OR AUTHORIZATION.—The
corporation may not claim congressional approval or the authority of the
United States Government for any of its activities.
§ 152909. Duty to maintain corporate and tax-exempt status
(a) CORPORATE STATUS.—The corporation shall maintain its status as
a corporation incorporated under the laws of each State in which it is incor-
porated.
(b) TAX-EXEMPT STATUS.—The corporation shall maintain its status
as an organization exempt from taxation under the Internal Revenue Code
of 1986 (26 U.S.C. 1 et seq.).
§ 152910. Records and inspection
(a) RECORDS.—The corporation shall keep—
(1) correct and complete records of account;
198
(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 ac-
tivities.
§ 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 ac-
tivities of the corporation during the prior fiscal year. The report shall be
submitted at the same time as the report of the audit required by section
10101 of this title. The report may not be printed as a public document.
CHAPTER 1531—THE NATIONAL SOCIETY OF THE
DAUGHTERS OF THE AMERICAN REVOLUTION
Sec.
153101.
Organization.
153102.
Purposes.
153103.
Powers.
153104.
Exclusive right to name, seals, emblems, and badges.
153105.
Principal office.
153106.
Deposit of historical material in Smithsonian Institution.
153107.
Annual report.
§ 153101. Organization
The National Society of the Daughters of the American Revolution (in
this chapter, the ‘‘corporation’’) is a body corporate and politic in the Dis-
trict of Columbia.
§ 153102. Purposes
The purposes of the corporation are patriotic, historical, and edu-
cational, and include—
(1) perpetuating the memory and spirit of the men and women
who achieved American independence by—
(A) acquiring and protecting historical spots and erecting
monuments;
(B) encouraging historical research in relation to the Revolu-
tion and publishing its results;
199
(C) preserving documents and relics and the records of the
individual services of Revolutionary soldiers and patriots; and
(D) promoting celebrations of all patriotic anniversaries;
(2) carrying out the injunction of Washington, in his farewell ad-
dress to the American people, ‘‘to promote, as an object of primary im-
portance, institutions for the general diffusion of knowledge,’’ thus de-
veloping an enlightened public opinion and affording to young and old
such advantages as shall develop in them the largest capacity for per-
forming the duties of American citizens;
(3) cherishing, maintaining, and extending the institutions of
American freedom;
(4) fostering true patriotism and love of country; and
(5) aiding in securing for mankind all the blessings of liberty.
§ 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 nec-
essary 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 Revo-
lution’’. 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 Insti-
tution
The Regents of the Smithsonian Institution may permit the corporation
to deposit its collections, manuscripts, books, pamphlets, and other material
for history in the Smithsonian Institution or in the National Museum, on
conditions and under rules they prescribe.
§ 153107. Annual report
The corporation shall submit an annual report to the Secretary of the
Smithsonian Institution on the activities of the corporation. The Secretary
shall communicate to Congress any part of the report that the Secretary
considers of national interest and importance.
200
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 chap-
ter, the ‘‘corporation’’) is a body corporate and politic in the District of Co-
lumbia.
§ 153302. Purposes
The purposes of the corporation are patriotic, historical, and edu-
cational, and include those intended or designed—
(1) to perpetuate the memory of the men who, by their services
or sacrifices during the war of the American Revolution, achieved the
independence of the American people;
(2) to unite and promote fellowship among their descendants;
(3) to inspire them and the community at large with a more pro-
found reverence for the principles of the government founded by our
forefathers;
(4) to encourage historical research in relation to the American
Revolution;
(5) to acquire and preserve the records of the individual services
of the patriots of the war, as well as documents, relics, and landmarks;
(6) to mark the scenes of the American Revolution by appropriate
memorials;
(7) to celebrate the anniversaries of the prominent events of the
war and of the Revolutionary period;
(8) to foster true patriotism;
(9) to maintain and extend the institutions of American freedom;
and
(10) to carry out the purposes expressed in the preamble to the
Constitution of our country and the injunctions of Washington in his
farewell address to the American people.
§ 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;
201
(4) provide for State societies or chapters with regulations for
their conduct, and regulate and provide for the management, safe-keep-
ing, and protection of their property and funds;
(5) acquire, own, lease, encumber, and transfer property as nec-
essary 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.
153502.
Purposes.
153503.
Membership.
153504.
Governing body.
153505.
Powers.
153506.
Exclusive right to name.
153507.
Restrictions.
153508.
Principal office and location of activities and gardens.
153509.
Records and inspection.
153510.
Statement required in audit report.
153511.
Service of process.
153512.
Liability for acts of officers and agents.
153513.
Distribution of assets on dissolution or final liquidation.
§ 153501. Organization
(a) FEDERAL CHARTER.—National Tropical Botanical Garden (in this
chapter, the ‘‘corporation’’) is a federally chartered corporation.
(b) PERPETUAL EXISTENCE.—Except as otherwise provided, the cor-
poration 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 facili-
ties such as libraries, herbaria, laboratories, and museums that are ap-
propriate 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;
202
(3) to disseminate through publications and other media the
knowledge about basic and applied tropical botany acquired at the gar-
dens;
(4) to collect and cultivate tropical flora of every nature and origin
and to preserve for the people of the United States species of tropical
plant life threatened with extinction; and
(5) to provide a beneficial facility that will contribute to the edu-
cation, instruction, and recreation of the people of the United States.
§ 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 mem-
bers.
§ 153504. Governing body
(a) BOARD OF TRUSTEES.—(1) The board of trustees is the governing
body of the corporation. The duties and powers of the board are as provided
in the bylaws.
(2) The manner of selection and term of office of the trustees are as
provided in the bylaws.
(b) OFFICERS.—(1) The officers of the corporation are a president, one
or more vice presidents, a secretary, a treasurer, and other officers as pro-
vided in the bylaws.
(2) The manner of election, term of office, and duties of the officers
are as provided in the bylaws.
§ 153505. Powers
The corporation may—
(1) adopt and amend bylaws for the management of its property
and the regulation of its affairs;
(2) adopt and alter a corporate seal;
(3) choose officers, trustees, managers, employees, and agents as
the activities of the corporation require;
(4) make contracts;
(5) acquire, own, lease, encumber, and transfer property as nec-
essary or proper to carry out the purposes of the corporation;
(6) borrow money, issue instruments of indebtedness, and secure
its obligations by granting security interests in its property;
(7) sue and be sued; and
(8) do any other act necessary and proper to carry out the pur-
poses of the corporation.
203
§ 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 officer as
such may not contribute to, support, or assist a political party or candidate
for elective public office.
(c) DISTRIBUTION OF INCOME OR ASSETS.—The income or assets of
the corporation may not inure to the benefit of, or be distributed to, a trust-
ee, officer, or member during the life of the corporation or on its dissolution
or final liquidation. This subsection does not prevent the payment of reason-
able compensation to an officer or reimbursement for actual necessary ex-
penses in amounts approved by the board of trustees.
(d) LOANS.—The corporation may not make a loan to a trustee, offi-
cer, 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 corporation may es-
tablish tropical botanical gardens only in the United States and its terri-
tories and possessions.
§ 153509. Records and inspection
(a) RECORDS.—The corporation shall keep—
(1) correct and complete records of account;
(2) minutes of the proceedings of its board of trustees and com-
mittees 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.
204
§ 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 requir-
ing payments greater than $10,000 and all payments of compensation or
fees at a rate of greater than $10,000 a year.
§ 153511. Service of process
The corporation shall have a designated agent in the District of Colum-
bia 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 trustees, to—
(1) the United States Government, to be administered by the Sec-
retary of the Interior under the Act of August 25, 1916 (16 U.S.C.
1 et seq.) (known as the National Park Service Organic Act); or
(2) a State or local government to be used for a public purpose.
(b) RESTRICTION.—A distribution under subsection (a) of this section
shall be consistent with the purposes of the corporation and in compliance
with the charter and bylaws.
CHAPTER 1537—NATIONAL WOMAN’S RELIEF CORPS,
AUXILIARY TO THE GRAND ARMY OF THE REPUBLIC
Sec.
153701.
Organization.
153702.
Purposes.
153703.
Membership.
153704.
Governing body.
153705.
Powers.
153706.
Exclusive right to name, seals, emblems, and badges.
153707.
Restrictions.
153708.
Principal office.
153709.
Records and inspection.
153710.
Service of process.
153711.
Liability for acts of officers and agents.
153712.
Annual report.
153713.
Distribution of assets on dissolution or final liquidation.
§ 153701. Organization
(a) FEDERAL CHARTER.—National Woman’s Relief Corps, Auxiliary to
the Grand Army of the Republic (in this chapter, the ‘‘corporation’’), is a
federally chartered corporation.
205
(b) PLACE OF INCORPORATION AND DOMICILE.—The corporation is de-
clared to be incorporated and domiciled in the District of Columbia.
(c) PERPETUAL EXISTENCE.—Except as otherwise provided, the cor-
poration 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 orga-
nized at its request in 1883, and of the men who saved the Union in
1861 to 1865;
(2) to assist in every practicable way in preserving, and making
available for research, documents and records pertaining to the Grand
Army of the Republic and its members;
(3) to cooperate in doing honor to all those who have served our
country patriotically in any war;
(4) to teach patriotism, the duties of citizenship, the true history
of our country, and the love and honor of our flag;
(5) to oppose every tendency or movement that would weaken loy-
alty to, destroy, or impair our constitutional Union; and
(6) to inculcate and broadly sustain the American principles of
representative government, equal rights, and impartial justice for all.
§ 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 su-
preme governing authority of the corporation.
(2) The national convention is composed of officers and elected rep-
resentatives from the States as provided by the regulations of the corpora-
tion. However, the form of government of the corporation must be rep-
resentative 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.
206
(4) During the intervals between the convention, the executive officers
are the governing board of the corporation and are responsible for the gen-
eral policies, program, and activities of the corporation.
(b) COUNCIL OF ADMINISTRATION.—The council of administration of
the corporation shall consist of at least 7 members elected in the manner
and for the term provided in the constitution and bylaws of the corporation.
(c) OFFICERS.—(1) The officers of the corporation are a national presi-
dent, senior vice national president, junior vice national president, secretary,
treasurer, and other officers as provided in the constitution and bylaws. One
individual may hold the offices of secretary and treasurer.
(2) The titles, manner of election, term of office, and duties of the offi-
cers are as provided in the constitution and bylaws.
§ 153705. Powers
The corporation may—
(1) adopt and amend a constitution and bylaws for the manage-
ment 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 nec-
essary or convenient to carry out the purposes of the corporation; and
(6) sue and be sued.
§ 153706. Exclusive right to name, seals, emblems, and
badges
The corporation and its subordinate corps have the exclusive right to
use the name ‘‘National Woman’s Relief Corps, Auxiliary to the Grand
Army of the Republic’’. The corporation has the exclusive right to use and
to allow 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 offi-
cer or member during the life of the corporation or on its dissolution or
final liquidation. This subsection does not prevent the payment of reason-
able compensation to an officer or reimbursement for actual necessary ex-
penses in amounts approved by the council of administration of the corpora-
tion.
207
(d) LOANS.—The corporation may not make a loan or advance to an
officer or member of the corporation. Members of the council of administra-
tion 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 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 Colum-
bia to receive service of process, notice, or demand for the corporation. Des-
ignation 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 corpora-
tion 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 pro-
ceedings of the national convention during that fiscal year. The report may
not be printed as a public document.
§ 153713. Distribution of assets on dissolution or final liq-
uidation
On dissolution or final liquidation of the corporation, its assets shall
be distributed as follows:
(1) All liabilities shall be paid and discharged, or adequate provi-
sion for payment and discharge shall be made.
208
(2) Assets held on condition requiring return or transfer on dis-
solution of the corporation shall be returned or transferred as required
by the condition.
(3) Assets received and held subject to a limitation permitting use
only for charitable, religious, benevolent, educational, or similar pur-
poses, but not held on a condition requiring return or transfer on dis-
solution of the corporation, shall be transferred to one or more appro-
priate domestic or foreign corporations, societies, or organizations
under a plan of distribution adopted as provided in this chapter.
(4) Other assets shall be distributed as provided by the articles of
incorporation or bylaws to the extent that the articles or bylaws provide
the distributive rights of members, or any class of members, or provide
for distribution to others.
(5) Any remaining assets may be distributed to persons, societies,
organizations, or domestic or foreign corporations engaged in activities
not for profit, as provided in a plan of distribution adopted by the
council of administration of the corporation and in compliance with the
constitution and bylaws of the corporation.
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 edu-
cational and are—
(1) to foster and perpetuate the memory of the service of Yoemen
(f ) in the United States Naval Reserve Force of the United States
Navy during World War I;
(2) to preserve the memories and incidents of their association in
World War I by the encouragement of historical research concerning
the service of Yoemen (f );
(3) to cherish, maintain, and extend the institutions of American
freedom by the promotion of celebrations of all patriotic anniversaries;
(4) to foster true patriotism and love of country; and
(5) to aid in securing for mankind all the blessings of liberty.
§ 153903. Powers
The corporation may—
(1) adopt a constitution and bylaws;
209
(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 prescribe.
CHAPTER 1541—NAVAL SEA CADET CORPS
Sec.
154101.
Organization.
154102.
Purposes.
154103.
Membership.
154104.
Governing body.
154105.
Powers.
154106.
Exclusive right to name, insignia, emblems, badges, marks, and words.
154107.
Restrictions.
154108.
Principal office.
154109.
Records and inspection.
154110.
Service of process.
154111.
Liability for acts of officers and agents.
154112.
Annual report.
154113.
Distribution of assets on dissolution or final liquidation.
§ 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 cor-
poration has perpetual existence.
§ 154102. Purposes
The purposes of the corporation are, through organization and coopera-
tion with the Department of the Navy—
(1) to encourage and aid American young people to develop an in-
terest 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 govern-
ing 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 corpora-
tion.
210
(2) The number of directors, their manner of selection (including the
filling of vacancies), and their term of office are as provided in the constitu-
tion and bylaws. However, the board shall have at least 10 but not more
than 25 directors.
(b) OFFICERS.—(1) The officers of the corporation are a president, one
or more vice presidents as provided in the constitution and bylaws, a sec-
retary, 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 manage-
ment 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 activi-
ties of the corporation require;
(4) make contracts;
(5) acquire, own, lease, encumber, and transfer property as nec-
essary or convenient to carry out the purposes of the corporation;
(6) borrow money, issue instruments of indebtedness, and secure
its obligations by granting security interests in its property; and
(7) sue and be sued.
§ 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 direc-
tor, officer, or member during the life of the corporation or on its dissolu-
tion or final liquidation. This subsection does not prevent the payment of
compensation to an officer in an amount approved by the board of directors.
211
(d) LOANS.—The corporation may not make a loan or advance to a di-
rector, officer, or employee. Directors who vote for or assent to making a
loan or advance to a director, officer, or employee, 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.
§ 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 pos-
sessions 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 Colum-
bia to receive service of process for the corporation. Notice to or service on
the agent, or mailed to the business address of the agent, is notice to or
service on the corporation.
§ 154111. Liability for acts of officers and agents
The corporation is liable for the acts of its officers and agents acting
within the scope of their authority.
§ 154112. Annual report
The corporation shall submit an annual report to the Secretary of the
Navy on the activities of the corporation during the prior calendar year. The
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 re-
maining after the discharge of all liabilities shall be distributed as provided
by the board of directors, but in compliance with the constitution and by-
laws of the corporation.
212
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 cor-
poration has perpetual existence.
§ 154302. Purposes
The purposes of the corporation are—
(1) to encourage, promote, and maintain comradeship among indi-
viduals who are or have been in the active service of the United States
Navy, the United States Marine Corps, or the United States Coast
Guard;
(2) to revere, honor, and perpetuate the memory of individuals de-
scribed in clause (1) of this section who have departed this life;
(3) to promote and encourage further public interest in the United
States Navy, the United States Marine Corps, and the United States
Coast Guard and the history of those organizations;
(4) to uphold the spirit and ideals of the United States Navy, the
United States Marine Corps, and the United States Coast Guard;
(5) to promote the ideals of American freedom and democracy and
to fit its members for the duties of citizenship and to encourage them
to serve as ably as citizens as they have served the Nation under arms;
and
(6) to maintain true allegiance to American institutions.
§ 154303. Powers
The corporation may—
(1) adopt and amend bylaws;
(2) adopt and alter a corporate seal;
(3) appoint or elect officers and agents;
(4) choose a board of trustees, consisting of at least 5 but not
more than 15 individuals, to conduct the business and exercise the pow-
ers of the corporation;
(5) establish and maintain offices to conduct its activities;
(6) acquire, own, lease, encumber, and transfer property as nec-
essary or appropriate to carry out the purposes of the corporation;
213
(7) charge and collect membership dues and receive contributions
of money or property to be devoted to carrying out the purposes of the
corporation;
(8) sue and be sued; and
(9) do any other act necessary or appropriate to carry out the pur-
poses 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 chap-
ter, the ‘‘corporation’’), incorporated in California, is a federally chartered
corporation.
(b) EXPIRATION OF CHARTER.—If the corporation does not comply
with any provision of this chapter, the charter granted by this chapter ex-
pires.
§ 154503. Purposes
The purposes of the corporation are as provided in the articles of incor-
poration and include—
(1) supporting the Constitution of the United States;
(2) promoting a friendly relationship between the wives of enlisted
men who are serving in the active United States Navy, United States
Marine Corps, or United States Coast Guard or in the Active Reserves
of those services; and
(3) performing charitable activities as provided in the constitution
or bylaws of the corporation.
214
§ 154504. Membership
Eligibility for membership in the corporation and the rights and privi-
leges of members are as provided in the bylaws.
§ 154505. Governing body
(a) BOARD OF DIRECTORS.—The board of directors and the respon-
sibilities of the board are as provided in the articles of incorporation.
(b) OFFICERS.—The officers and the election of officers are as pro-
vided 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 direc-
tor, officer, or member during the life of the charter granted by this chap-
ter. This subsection does not prevent the payment of reasonable compensa-
tion 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, offi-
cer, or employee.
(e) CLAIM OF GOVERNMENTAL APPROVAL OR AUTHORITY.—The cor-
poration may not claim congressional approval or the authority of the
United States Government for any of its activities.
§ 154508. Duty to maintain corporate and tax-exempt status
(a) CORPORATE STATUS.—The corporation shall maintain its status as
a corporation incorporated under the laws of each State in which it is incor-
porated.
(b) TAX-EXEMPT STATUS.—The corporation shall maintain its status
as an organization exempt from taxation under the Internal Revenue Code
of 1986 (26 U.S.C. 1 et seq.).
§ 154509. Records and inspection
(a) RECORDS.—The corporation shall keep—
(1) correct and complete records of account;
(2) minutes of the proceedings of its members, board of directors,
and committees having any of the authority of its board of directors;
and
215
(3) at its principal office, a record of the names and addresses of
its members entitled to vote.
(b) INSPECTION.—A member entitled to vote, or an agent or attorney
of the member, may inspect the records of the corporation for any proper
purpose, at any reasonable time.
§ 154510. Service of process
The corporation shall comply with the law on service of process of each
State in which it is incorporated and each State in which it carries on ac-
tivities.
§ 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 ac-
tivities 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 ASSO-
CIATION OF THE UNITED STATES OF AMERICA, IN-
CORPORATED
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 ‘‘corpora-
tion’’), a nonprofit corporation incorporated in Texas, is a federally char-
tered corporation.
(b) EXPIRATION OF CHARTER.—If the corporation does not comply
with any provision of this chapter, the charter granted by this chapter ex-
pires.
216
§ 154703. Purposes
The purposes of the corporation are as provided in the bylaws and arti-
cles of incorporation and include—
(1) upholding and defending the Constitution of the United States;
(2) promoting health, prosperity, and scholarship among its mem-
bers 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
(5) fostering fraternal and social activities among its members 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 discrimi-
nate on the basis of race, color, religion, sex, disability, age, or national ori-
gin.
§ 154705. Governing body
(a) BOARD OF DIRECTORS.—The board of directors and the respon-
sibilities of the board are as provided in the articles of incorporation.
(b) OFFICERS.—The officers and the election of officers are as pro-
vided 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, dis-
ability, 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.
217
§ 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 of the benefit of, or be distributed to, a direc-
tor, officer, or member during the life of the charter granted by this chap-
ter. This subsection does not prevent the payment of reasonable compensa-
tion 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, offi-
cer, or employee.
(d) CLAIM OF GOVERNMENTAL APPROVAL OR AUTHORITY.—The cor-
poration 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.).
§ 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 ac-
tivities.
§ 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 ac-
tivities 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.
218
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 cor-
poration 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 individuals
who have suffered injuries or diseases of the spinal cord;
(3) to acquaint the public with the needs and problems of
paraplegics;
(4) to promote medical research in the several fields connected
with injuries and diseases of the spinal cord, including research in neu-
rosurgery and orthopedics and in genitourinary and orthopedic appli-
ances; and
(5) to advocate and foster complete and effective reconditioning
programs for paraplegics, including a thorough physical reconditioning
program, physiotherapy, competent walking instructions, adequate
guidance (both vocational and educational), academic and vocational
education (both in hospitals and in educational institutions), psycho-
logical orientation and readjustment to family and friends, and occupa-
tional therapy (both functional and diversional).
§ 170103. Membership
An individual is eligible for membership in the corporation if the indi-
vidual—
(1) is a citizen of the United States;
(2) was regularly enlisted, inducted, or commissioned, and was ac-
cepted for or on active duty, in the Army, Navy, Marine Corps, Air
219
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 con-
ditions 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 pur-
poses of the corporation;
(6) acquire, own, lease, encumber, and transfer property as nec-
essary to carry out the purposes of the corporation;
(7) borrow money, issue instruments of indebtedness, and secure
its obligations by granting security interests in its property;
(8) establish, regulate, and discontinue subordinate State and re-
gional organizations and local chapters or posts;
(9) establish and maintain offices to conduct the affairs of the cor-
poration;
(10) publish a magazine, newspaper, and other publications;
(11) sue and be sued; and
(12) do any other act necessary and proper to carry out the pur-
poses of the corporation.
(b) PRIVILEGES OF OTHER NATIONAL VETERANS’ ORGANIZATIONS.—
Privileges granted to other national veterans’ organizations as a result of
their being incorporated by Congress are also granted to the corporation.
§ 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 Vet-
erans 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.
220
(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 direc-
tor, officer, member, or employee during the life of the corporation or on
its dissolution or final liquidation. This subsection does not prevent the pay-
ment of reasonable compensation to an officer or employee or reimburse-
ment for actual necessary expenses in amounts approved by the board of
directors.
(e) LOANS.—The corporation may not make a loan to a director, offi-
cer, 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 sev-
erally 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 corporation
shall be in the District of Columbia. However, the activities of the corpora-
tion are not confined to the District of Columbia but may be conducted
throughout the States, territories, and possessions of the United States.
§ 170108. Records and inspection
(a) RECORDS.—The corporation shall keep—
(1) correct and complete records of account;
(2) minutes of the proceedings of its members, executive commit-
tee, and committees having any of the authority of its executive com-
mittee; and
(3) at its principal office, a record of the names and addresses of
its members entitled to vote.
(b) INSPECTION.—A member entitled to vote, or an agent or attorney
of the member, may inspect the records of the corporation for any proper
purpose, at any reasonable time.
§ 170109. Service of process
As a condition to the exercise of any power or privilege granted by this
chapter, the corporation shall file, with the secretary of state or other des-
ignated official of each State, territory, or possession of the United States
in which an organization, chapter, or post is organized, the name and ad-
dress of an agent in that State, territory, or possession on whom legal proc-
ess or demands against the corporation may be served.
§ 170110. Liability for acts of officers and agents
The corporation is liable for the acts of its officers and agents acting
within the scope of their authority.
221
§ 170111. Distribution of assets on dissolution or final liq-
uidation
On dissolution or final liquidation of the corporation, any assets re-
maining after the discharge or satisfactory provision for discharge of all li-
abilities shall be transferred to the Secretary of Veterans Affairs to be ap-
plied 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 Mis-
souri, is a federally chartered corporation.
(b) EXPIRATION OF CHARTER.—If the corporation does not comply
with any provision of this chapter, the charter granted by this chapter ex-
pires.
§ 170303. Purposes
The purposes of the corporation are as provided in its articles of incor-
poration 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 sur-
vivors 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;
222
(5) fighting unceasingly for our national security to protect the
United States from enemies within and without our borders;
(6) preserving the American way of life and fostering the spirit
and practice of Americanism; and
(7) instilling love of country and flag and promoting soundness of
mind and body in the youth of our Nation.
§ 170304. Membership
(a) ELIGIBILITY.—Eligibility for membership in the corporation and
the rights and privileges of members are as provided in the constitution and
bylaws of the corporation.
(b) NONDISCRIMINATION.—The terms of membership may not discrimi-
nate on the basis of race, color, religion, or national origin.
§ 170305. Governing body
(a) BOARD OF DIRECTORS.—The board of directors and the respon-
sibilities of the board are as provided in the articles of incorporation.
(b) OFFICERS.—The officers and the election of officers are as pro-
vided 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 na-
tional 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 manage-
ment 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 pur-
poses of the corporation;
(8) promote the formation of auxiliaries, the membership require-
ments of which shall be as provided in the constitution and the bylaws
of the corporation;
(9) sue and be sued; and
223
(10) do any other act necessary or desirable to carry out the pur-
poses 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 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 direc-
tor, 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 direc-
tors.
(d) LOANS.—The corporation may not make a loan to a director, offi-
cer, or employee.
(e) CLAIM OF GOVERNMENTAL APPROVAL OR AUTHORIZATION.—The
corporation may not claim congressional approval or the authority of the
United States Government for any of its activities.
§ 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.
224
§ 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 ac-
tivities.
§ 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 ac-
tivities of the corporation during the prior fiscal year. The report shall be
submitted at the same time as the report of the audit required by section
10101 of this title. The report may not be printed as a public document.
CHAPTER 1705—POLISH LEGION OF AMERICAN
VETERANS, U.S.A.
Sec.
170501.
Definition.
170502.
Organization.
170503.
Purposes.
170504.
Membership.
170505.
Governing body.
170506.
Powers.
170507.
Restrictions.
170508.
Duty to maintain tax-exempt status.
170509.
Records and inspection.
170510.
Service of process.
170511.
Liability for acts of officers and agents.
170512.
Annual report.
§ 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 comply
with any provision of this chapter, the charter granted by this chapter ex-
pires.
§ 170503. Purposes
The purposes of the corporation are as provided in its articles of incor-
poration. The corporation shall function as a veterans’ and patriotic organi-
zation 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.
225
(b) NONDISCRIMINATION.—The terms of membership may not discrimi-
nate on the basis of race, color, religion, or national origin.
§ 170505. Governing body
(a) BOARD OF DIRECTORS.—The board of directors and the respon-
sibilities of the board are as provided in the articles of incorporation.
(b) OFFICERS.—The officers and the election of officers are as pro-
vided 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 na-
tional origin.
§ 170506. Powers
The corporation has only the powers provided in its bylaws and articles
of incorporation filed in each State in which it is incorporated.
§ 170507. Restrictions
(a) STOCK AND DIVIDENDS.—The corporation may not issue stock or
declare or pay a dividend.
(b) POLITICAL ACTIVITIES.—The corporation or a director or officer as
such may not contribute to, support, or participate in any political activity
or in any manner attempt to influence legislation.
(c) DISTRIBUTION OF INCOME OR ASSETS.—The income or assets of
the corporation may not inure to the benefit of, or be distributed to, a direc-
tor, officer, or member during the life of the charter granted by this chap-
ter. This subsection does not prevent the payment of reasonable compensa-
tion 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, offi-
cer, or employee.
(e) CLAIM OF GOVERNMENTAL APPROVAL OR AUTHORIZATION.—The
corporation may not claim congressional approval or the authority of the
United States Government for any of its activities.
§ 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
226
(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 ac-
tivities.
§ 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 ac-
tivities 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.
§ 190101. Organization
(a) FEDERAL CHARTER.—Reserve Officers Association of the United
States (in this chapter, the ‘‘corporation’’) is a federally chartered corpora-
tion.
(b) PERPETUAL EXISTENCE.—Except as otherwise provided, the cor-
poration has perpetual existence.
§ 190102. Purposes
The purposes of the corporation are to support and promote the devel-
opment 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.
227
(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 composed of delegates
elected by the various departments.
(b) NATIONAL EXECUTIVE COMMITTEE.—(1) The national executive
committee is the governing body of the corporation.
(2) The national executive committee consists of the president, the last
past president, 3 vice presidents, 3 junior vice presidents, 3 national execu-
tive committee members, and the executive director. Each of these individ-
uals, except the executive director, has one vote on each matter decided by
the committee.
(c) OFFICERS.—(1) The officers of the corporation are a president, 3
vice presidents, 3 junior vice presidents, 3 national executive committee
members, an executive director, a national treasurer, a judge advocate, a
surgeon, a chaplain, a historian, a public relations officer, and other officers
as decided at the national convention.
(2) The national officers of the corporation shall be elected at the an-
nual 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 suc-
cessors have been elected and qualified.
(d) VACANCIES.—(1) Except for the positions of president and last
past president, a vacancy on the national executive committee shall be filled
by the existing members of the committee. An individual appointed by the
committee to fill a vacancy serves until the next national convention when
the individual’s successor shall be elected for the unexpired term, if any,
caused by the vacancy.
(2) If the president is absent or the office of president is vacant, the
national vice president of the same service as the president shall act as
president.
§ 190105. Powers
The corporation may—
(1) adopt and amend a constitution and bylaws;
(2) adopt and alter a corporate seal;
(3) adopt and alter emblems and badges;
(4) acquire, own, lease, encumber, and transfer property as nec-
essary to carry out the purposes of the corporation;
(5) publish a magazine, newspaper, and other publications;
228
(6) establish, regulate, and discontinue subordinate departmental
subdivisions and local chapters;
(7) sue and be sued; and
(8) do any other act necessary and proper to carry out the pur-
poses 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 cor-
poration 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 can-
didate 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 offi-
cer or member except on dissolution or final liquidation of the corporation.
(e) LOANS.—The corporation may not make a loan or advance to an
officer or member of the national executive committee. Members of the na-
tional executive committee who vote for or assent to making a loan or ad-
vance to an officer, and officers who participate in making the loan or ad-
vance, 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 Colum-
bia.
§ 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.
229
§ 190110. Service of process
(a) DISTRICT OF COLUMBIA.—The corporation shall have a designated
agent in the District of Columbia to receive service of process for the cor-
poration. 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, the corporation
shall file, with the secretary of state or other designated official of each
State, territory, or possession of the United States in which a subordinate
department or local chapter is organized, the name and address of an agent
in that State, territory, or possession on whom legal process or demands
against the corporation may be served.
§ 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 re-
maining 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, Incorporated
(in this chapter, the ‘‘corporation’’), a nonprofit corporation incorporated in
Colorado, is a federally chartered corporation.
(b) EXPIRATION OF CHARTER.—If the corporation does not comply
with any provision of this chapter, the charter granted by this chapter ex-
pires.
230
§ 190303. Purposes
The purposes of the corporation are as provided in its articles of incor-
poration and bylaws and include—
(1) upholding and defending the Constitution of the United States;
(2) promoting health, prosperity, and scholarship among its mem-
bers and their dependents and survivors through benevolent programs;
(3) assisting veterans and their dependents and survivors through
a service program established for that purpose;
(4) improving conditions for retired enlisted service members, vet-
erans, and their dependents and survivors; and
(5) fostering fraternal and social activities among its members 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 discrimi-
nate on the basis of race, color, religion, sex, disability, age, or national ori-
gin.
§ 190305. Governing body
(a) BOARD OF DIRECTORS.—The board of directors and the respon-
sibilities of the board are as provided in the articles of incorporation.
(b) OFFICERS.—The officers and the election of officers are as pro-
vided 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, dis-
ability, 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.
231
(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 direc-
tor, officer, or member during the life of the charter granted by this chap-
ter. This subsection does not prevent the payment of reasonable compensa-
tion 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, offi-
cer, or employee.
(d) CLAIM OF GOVERNMENTAL APPROVAL OR AUTHORITY.—The cor-
poration may not claim congressional approval or the authority of the
United States Government for any of its activities.
§ 190309. Duty to maintain tax-exempt status
The corporation shall maintain its status as an organization exempt
from taxation under the Internal Revenue Code of 1986 (26 U.S.C. 1 et
seq.).
§ 190310. Records and inspection
(a) RECORDS.—The corporation shall keep—
(1) correct and complete records of account;
(2) minutes of the proceedings of its members, board of directors,
and committees having any of the authority of its board of directors;
and
(3) at its principal office, a record of the names and addresses of
its members entitled to vote.
(b) INSPECTION.—A member entitled to vote, or an agent or attorney
of the member, may inspect the records of the corporation for any proper
purpose, at any reasonable time.
§ 190311. Service of process
The corporation shall comply with the law on service of process of each
State in which it is incorporated and each State in which it carries on ac-
tivities.
§ 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 ac-
tivities 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.
232
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 development, in flori-
culture 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 elsewhere,
necessary to carry out the purposes of the corporation, in an amount
not to exceed $1,000,000; and
(B) hold other property donated or bequeathed in any State or
territory of the United States.
§ 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 wherever the corpora-
tion 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.
233
200304.
Governing body.
200305.
Powers.
200306.
Exclusive right to name, seals, emblems, and badges.
200307.
Restrictions.
200308.
Principal office.
200309.
Records and inspection.
200310.
Service of process.
200311.
Liability for acts of officers and agents.
200312.
Annual report.
200313.
Distribution of assets on dissolution or final liquidation.
§ 200301. Organization
(a) FEDERAL CHARTER.—Sons of Union Veterans of the Civil War (in
this chapter, the ‘‘corporation’’) is a federally chartered corporation.
(b) PLACE OF INCORPORATION AND DOMICILE.—The corporation is de-
clared to be incorporated and domiciled in the District of Columbia.
(c) PERPETUAL EXISTENCE.—Except as otherwise provided, the cor-
poration has perpetual existence.
§ 200302. Purposes
The purposes of the corporation are—
(1) to perpetuate the memory of the Grand Army of the Republic
and of the men who saved the Union in 1861 to 1865;
(2) to assist in every practicable way in preserving, and making
available for research, documents and records pertaining to the Grand
Army of the Republic and its members;
(3) to cooperate in honoring all those who have served our country
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 loy-
alty to, destroy, or impair our constitutional Union; and
(6) to inculcate and broadly sustain the American principles of
representative government, equal rights, and impartial justice for all.
§ 200303. Membership
(a) GENERAL.—Except as provided in this chapter, eligibility for mem-
bership in the corporation and the rights, privileges, and designation of
classes of members are as provided in the constitution and bylaws of the
corporation.
(b) REQUIRED SERVICE.—Eligibility for membership in the corporation
is limited to male blood relatives of an individual who—
(1) served at any time during the period from April 12, 1861,
through April 9, 1865, as a soldier or sailor in—
(A) the United States Army, Navy, Marine Corps, or Reve-
nue-Cutter Service; or
234
(B) a State regiment that was called into active service and
was subject to orders of United States general officers during that
period; and
(2) was discharged honorably from, or died in, that service.
§ 200304. Governing body
(a) NATIONAL ENCAMPMENT.—(1) The national encampment is the su-
preme governing authority of the corporation.
(2) The national encampment is composed of officers and elected rep-
resentatives from the States and other local subdivisions of the corporation
as provided in the constitution and bylaws. However, the form of govern-
ment of the corporation must be representative of the membership at large
and may not permit concentration of control in a limited number of mem-
bers 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 Dis-
trict of Columbia or in any State, territory, or possession of the United
States.
(b) COUNCIL OF ADMINISTRATION.—(1) During the intervals between
the national encampments, the council of administration is the governing
board of the corporation and is responsible for the general policies, program,
and activities of the corporation.
(2) The council of administration shall consist of at least 7 members
elected in the manner and for the term provided in the constitution and by-
laws.
(c) OFFICERS.—(1) The officers of the corporation are a commander
in chief, a senior vice commander in chief, a junior vice commander in chief,
a secretary, a treasurer, and other officers as provided in the constitution
and bylaws. One individual may hold the offices of secretary and treasurer.
(2) The manner of selection, term of office, and duties of the officers
are as provided in the constitution and bylaws.
§ 200305. Powers
The corporation may—
(1) adopt and amend a constitution and bylaws for the manage-
ment of its property and the regulation of its affairs;
(2) adopt and alter a corporate seal;
(3) choose officers, managers, agents, and employees as the activi-
ties of the corporation require;
(4) make contracts;
(5) acquire, own, lease, encumber, and transfer property as nec-
essary or convenient to carry out the purposes of the corporation;
235
(6) borrow money, issue instruments of indebtedness, and secure
its obligations by granting security interests in its property;
(7) sue and be sued; and
(8) do any other act necessary and proper to carry out the pur-
poses 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 corpora-
tion 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 offi-
cer or member during the life of the corporation or on its dissolution or
final liquidation. This subsection does not prevent the payment of com-
pensation to an officer or reimbursement for actual necessary expenses in
amounts approved by the council of administration of the corporation.
(d) LOANS.—The corporation may not make a loan or advance to an
officer or employee. Members of the council of administration who vote for
or assent to making a loan or advance to an officer or employee, and offi-
cers 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 administration. However, the ac-
tivities 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.
§ 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.
236
(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.
§ 200310. Service of process
The corporation shall have a designated agent in the District of Colum-
bia 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 re-
maining 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 cor-
poration has perpetual existence.
§ 210102. Purposes
The purposes of the corporation are—
(1) to perpetuate the memory of Theodore Roosevelt for the bene-
fit 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:
237
(A) the erection and maintenance of a suitable and adequate
monumental memorial in the District of Columbia to the memory
of Theodore Roosevelt;
(B) the acquisition, development, and maintenance of a public
park in memory of Theodore Roosevelt in Oyster Bay, New York;
(C) the establishment and maintenance of an endowment
fund to promote the development and application of the policies
and ideals of Theodore Roosevelt for the benefit of the American
people; and
(D) the donation of real and personal property, including part
or all of its endowment fund, to a public agency for the purpose
of preserving in public ownership historically significant property
associated with the life of Theodore Roosevelt.
§ 210103. Membership
Eligibility for membership in the corporation is as provided in regula-
tions 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 constitu-
tion, 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 posses-
sions 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 pur-
poses of the corporation.
238
§ 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.
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 comply
with any provision of this chapter, the charter granted by this chapter ex-
pires.
§ 210303. Purposes
The purposes of the corporation are as provided in the articles of incor-
poration and include—
(1) promoting the principles of friendship and good will among its
members;
(2) engaging in social and civic activities that tend to enhance the
welfare of its members and inculcate the true principles of good citizen-
ship in its members; and
(3) memorializing, individually and collectively, the patriotic serv-
ices of its members in the 369th antiaircraft artillery group and other
units in the armed forces of the United States.
239
§ 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 discrimi-
nate on the basis of race, color, religion, or national origin.
§ 210305. Governing body
(a) BOARD OF DIRECTORS.—The board of directors and the respon-
sibilities of the board are as provided in the articles of incorporation.
(b) OFFICERS.—The officers and the election of officers are as pro-
vided 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 na-
tional origin.
§ 210306. Powers
The corporation has only the powers provided in its bylaws and articles
of incorporation filed in each State in which it is incorporated.
§ 210307. Exclusive right to name, seals, emblems, and
badges
The corporation has the exclusive right to use the name ‘‘369th Veter-
ans’ Association’’ and seals, emblems, and badges the corporation 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 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 direc-
tor, officer, or member during the life of the charter granted by this chap-
ter. This subsection does not prevent the payment of reasonable compensa-
tion 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, offi-
cer, or employee.
(e) CLAIM OF GOVERNMENTAL APPROVAL OR AUTHORITY.—The cor-
poration may not claim congressional approval or the authority of the
United States Government for any of its activities.
240
§ 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 direc-
tors, and committees having any of the authority of its board of direc-
tors; 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 ac-
tivities.
§ 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 ac-
tivities of the corporation during the prior fiscal year. The report shall be
submitted at the same time as the report of the audit required by section
10101 of this title. The report may not be printed as a public document.
CHAPTER 2201—UNITED SERVICE ORGANIZATIONS,
INCORPORATED
Sec.
220101.
Organization.
220102.
Purposes.
220103.
Membership.
220104.
Governing body.
220105.
Powers.
220106.
Exclusive right to name, seals, emblems, and badges.
220107.
Assistance by Department of Defense.
220108.
Restrictions.
220109.
Duty to maintain corporate status.
220110.
Principal office.
220111.
Records and inspection.
220112.
Service of process.
220113.
Annual report.
220114.
Distribution of assets on dissolution or final liquidation.
§ 220101. Organization
(a) FEDERAL CHARTER.—United Service Organizations, Incorporated
(in this chapter, the ‘‘corporation’’), is a federally chartered corporation.
241
(b) PERPETUAL EXISTENCE.—Except as otherwise provided, the cor-
poration 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, so-
cial, welfare, educational, and entertainment needs of men and women
in the armed forces, within or without the territorial limits of the
United States;
(2) to contribute to the maintenance of morale of men and women
in the armed forces;
(3) to solicit funds to maintain the organization and accomplish
its responsibility;
(4) to accept the cooperation of, and provide an organization and
means through which, the National Board of Young Men’s Christian
Associations, the National Board of Young Women’s Christian Associa-
tions, the National Catholic Community Service, the Salvation Army,
the National Jewish Welfare Board, the Travelers Aid-International
Social Service of America, and other civilian agencies experienced in
specialized types of related work, which may be needed adequately to
meet the particular needs of the members of the armed forces, may
carry on their historic work of serving the religious, spiritual, social,
welfare, educational, and entertainment needs of men and women in
the armed forces and be afforded an appropriate means of participation
and financial assistance;
(5) to coordinate their programs; and
(6) other consonant purposes.
§ 220103. Membership
Except as provided in this chapter, the rights, privileges, and designa-
tion of classes of members are as provided in the bylaws. The membership
of the corporation consists of—
(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 govern-
ing 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 prop-
erty of the corporation.
242
(2) The board shall be elected by the members of the corporation for
the term and in the classes provided in the bylaws of the corporation. The
board includes—
(A) six members appointed by the President;
(B) the Secretary of State or the Secretary’s designee; and
(C) representatives of the civilian organizations listed in section
220102(4) of this title, and of the public at large, as provided in the
bylaws.
(3) The corporation may have other governing bodies or committees as
provided in the bylaws.
(b) OFFICERS.—(1) The office of honorary chairman of the corporation
shall be offered to the President. On acceptance, the honorary chairman
shall be invited to preside at meetings of the corporation that the honorary
chairman deems appropriate and convenient.
(2) The corporation may have other officers as provided in the bylaws.
§ 220105. Powers
The corporation has all the powers necessary and proper to carry out
the purposes stated in section 220102 of this title, including the power—
(1) to adopt and amend bylaws and regulations for the manage-
ment 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 nec-
essary or convenient to carry out the purposes of the corporation;
(8) to borrow money, issue instruments of indebtedness, and se-
cure its obligations by granting security interests in its property;
(9) to publish a magazine, newspaper, and other publications;
(10) to establish, regulate, and terminate councils, organizations,
chapters, or affiliates as needed to carry out the purposes stated in sec-
tion 220102 of this title;
(11) to solicit funds;
(12) to sue and be sued; and
(13) to do any other act necessary and proper to carry out the
purposes stated in section 220102 of this title.
243
§ 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 Department
of Defense available to the corporation to the extent compatible with the
primary mission of the Department and in accordance with guidelines issued
by the Secretary.
§ 220108. Restrictions
(a) PROFIT.—The corporation may not engage in business activity for
profit unless the activity is substantially related to—
(1) the purposes stated in section 220102 of this title; or
(2) raising funds to accomplish those purposes.
(b) STOCK AND DIVIDENDS.—The corporation may not issue stock or
declare or pay a dividend.
(c) POLITICAL ACTIVITIES.—The corporation shall be nonpolitical and
may not provide financial aid or assistance to, or otherwise promote the can-
didacy 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 corpora-
tion or on its dissolution or final liquidation. This subsection does not pre-
vent the payment of reasonable compensation to an officer, employee, or
other person or reimbursement for actual necessary expenses in amounts ap-
proved by the board of governors.
(e) LOANS.—The corporation may not make a loan to a governor, offi-
cer, member, or employee.
§ 220109. Duty to maintain corporate status
The corporation shall maintain its status as a corporation incorporated
under the laws of New York, another State, or the District of Columbia.
§ 220110. Principal office
The principal office of the corporation shall be in New York, New
York, or another place decided by the board of governors. However, the ac-
tivities 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.
244
§ 220111. Records and inspection
(a) RECORDS.—The corporation shall keep—
(1) correct and complete records of account;
(2) minutes of the proceedings of its members, board of governors,
and committees having any of the authority of its board of governors;
and
(3) at its principal office, a record of the names and addresses of
its members entitled to vote.
(b) INSPECTION.—A member, or an agent or attorney of the member,
may inspect the records of the corporation for any proper purpose, at any
reasonable time.
§ 220112. Service of process
(a) DISTRICT OF COLUMBIA.—The corporation shall have a designated
agent in the District of Columbia to receive service of process for the cor-
poration. Notice to or service on the agent, or mailed to the business ad-
dress 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 re-
maining 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, founda-
tion, or organization operated exclusively for charitable purposes.
CHAPTER 2203—UNITED STATES CAPITOL HISTORICAL
SOCIETY
Sec.
220301.
Organization.
220302.
Purposes.
220303.
Membership.
220304.
Governing body.
220305.
Powers.
220306.
Exclusive right to name, seals, emblems, insignia, marks, and words.
220307.
Tax exemption.
220308.
Restrictions.
220309.
Duty to maintain corporate status.
245
220310.
Principal office.
220311.
Records and inspection.
220312.
Service of process.
220313.
Liability for acts of officers and agents.
220314.
Annual report and audit.
220315.
Distribution of assets on dissolution or final liquidation.
§ 220301. Organization
(a) FEDERAL CHARTER.—United States Capitol Historical Society (in
this chapter, the ‘‘corporation’’) is a federally chartered corporation.
(b) PLACE OF INCORPORATION.—The corporation is declared to be in-
corporated in the District of Columbia.
(c) PERPETUAL EXISTENCE.—Except as otherwise provided, the cor-
poration has perpetual existence.
§ 220302. Purposes
The purposes of the corporation are—
(1) to encourage in the most comprehensive and enlightened man-
ner an understanding by the American people of the founding, growth,
and significance of the Capitol of the United States as the tangible
symbol of their representative form of government;
(2) to undertake research into the history of the Congress and the
Capitol and to promote discussion, publication, and dissemination of
the results of this research;
(3) to foster and increase an informed patriotism among the citi-
zens in the study of this living memorial to the founders of this Nation
and the continuing thread of principles as exemplified by their succes-
sors; and
(4) to cooperate with the standing committees of Congress, the Li-
brary of Congress, the Architect of the Capitol, and relevant depart-
ments, agencies, and instrumentalities of the executive branch of the
United States Government in carrying out the purposes of the corpora-
tion.
§ 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 con-
sist 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
246
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 chair-
man. A meeting may be held only at a time and place stated in the bylaws
or on 30 days’ written notice.
(b) OFFICERS.—(1) The officers of the corporation are a president, 5
vice presidents, a treasurer, and a secretary. The president is the chief exec-
utive officer.
(2) The officers shall be elected annually by the board of trustees and
continue in office at the pleasure of the board.
(3) The duties of the officers are the usual duties pertaining to their
offices and any additional duties delegated by the board.
(4) Officers may be compensated for their services, and reimbursed for
actual expenses, in amounts decided by the board.
(c) EMPLOYEES.—The board of trustees may employ an executive sec-
retary and other personnel needed to assist the board and the officers to
carry out the activities of the corporation. Employees serve at the pleasure
of the board. The board shall prescribe the compensation and duties of em-
ployees.
§ 220305. Powers
The corporation may—
(1) adopt and amend a constitution and bylaws for the manage-
ment 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 nec-
essary or convenient to carry out the purposes of the corporation;
(6) borrow money, issue instruments of indebtedness, and secure
its obligations by granting security interests in its property;
(7) produce, buy, and market commemorative medals, souvenirs,
publications, pictures, and cinemas consistent with the purposes of the
corporation;
(8) charge and collect membership dues;
(9) conduct fund raising campaigns and accept contributions;
(10) sue and be sued; and
247
(11) do any other act necessary and proper to carry out the pur-
poses 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 de-
scriptive or designating marks, words, or phrases required to carry out the
duties and powers of the corporation. This section does not affect any vested
rights.
§ 220307. Tax exemption
Notwithstanding section 105 of title 4 of the United States Code or
any provision of the District of Columbia Code, the corporation is not re-
quired 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 trust-
ee, officer, or member as such during the life of the corporation or on its
dissolution or final liquidation. This subsection does not prevent the pay-
ment of reasonable compensation to an officer or employee or reimburse-
ment 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 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.
§ 220309. Duty to maintain corporate status
The corporation shall maintain its status as a corporation incorporated
under the laws of the District of Columbia or a State.
§ 220310. Principal office
The principal office of the corporation shall be in the District of Co-
lumbia or another place decided by the board of trustees. However, the ac-
tivities 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;
248
(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 Colum-
bia 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 requirements of
section 10101 of this title, the corporation shall comply with section 451
of the Legislative Reorganization Act of 1970 (40 U.S.C. 193m–1).
§ 220315. Distribution of assets on dissolution or final liq-
uidation
On dissolution or final liquidation of the corporation, any assets re-
maining 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.
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.
249
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 corpora-
tion, association, or other group organized in the United States that
sponsors or arranges an amateur athletic competition.
(4) ‘‘corporation’’ means the United States Olympic Committee.
(5) ‘‘international amateur athletic competition’’ means an ama-
teur athletic competition between one or more athletes representing the
United States, individually or as a team, and one or more athletes rep-
resenting a foreign country.
(6) ‘‘national governing body’’ means an amateur sports organiza-
tion 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 cor-
poration.
(b) PERPETUAL EXISTENCE.—Except as otherwise provided, the cor-
poration 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;
(2) to coordinate and develop amateur athletic activity in the
United States, directly related to international amateur athletic com-
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petition, to foster productive working relationships among sports-relat-
ed organizations;
(3) to exercise exclusive jurisdiction, directly or through constitu-
ent members of committees, over—
(A) all matters pertaining to United States participation in
the Olympic Games and the Pan-American Games, including rep-
resentation 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 partici-
pation 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 orga-
nizations, 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 fa-
cilities 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 dissemi-
nation of information in the areas of sports medicine and sports safety;
(12) to encourage and provide assistance to amateur athletic ac-
tivities for women;
(13) to encourage and provide assistance to amateur athletic pro-
grams and competition for individuals with disabilities, including, where
feasible, the expansion of opportunities for meaningful participation by
individuals with disabilities in programs of athletic competition for
able-bodied individuals; and
(14) to encourage and provide assistance to amateur athletes of
racial and ethnic minorities for the purpose of eliciting the participa-
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tion of those minorities in amateur athletic activities 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 constitution
and bylaws, the corporation shall establish and maintain provisions with re-
spect to its governance and the conduct of its affairs for reasonable rep-
resentation of—
(1) amateur sports organizations recognized as national governing
bodies under section 220521 of this title;
(2) amateur athletes who are actively engaged in amateur athletic
competition or who have represented the United States in international
amateur athletic competition within the preceding 10 years;
(3) amateur sports organizations that conduct a national program
or regular national amateur athletic competition in 2 or more sports
that are included on the program of the Olympic Games or the Pan-
American Games on a level of proficiency appropriate for the selection
of amateur athletes to represent the United States in international
amateur athletic competition; and
(4) individuals not affiliated or associated with any amateur sports
organization who, in the corporation’s judgment, represent the interests
of the American public in the activities of the corporation.
§ 220505. Powers
(a) CONSTITUTION AND BYLAWS.—The corporation shall adopt a con-
stitution and bylaws. The corporation may amend its constitution only if the
corporation—
(1) publishes, in its principal publication, a notice of the proposed
amendment, including—
(A) the substantive terms of the amendment;
(B) the time and place of the corporation’s regular meeting
at which adoption of the amendment is to be decided; and
(C) a provision informing interested persons that they may
submit materials as authorized in clause (2) of this subsection;
and
(2) gives all interested persons an opportunity to submit written
comments and information for at least 60 days after publication of no-
tice of the proposed amendment and before adoption of the amend-
ment.
(b) GENERAL CORPORATE POWERS.—The corporation may—
(1) adopt and alter a corporate seal;
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(2) establish and maintain offices to conduct the affairs of the cor-
poration;
(3) make contracts;
(4) accept gifts, legacies, and devises in furtherance of its cor-
porate purposes;
(5) acquire, own, lease, encumber, and transfer property as nec-
essary to carry out the purposes of the corporation;
(6) borrow money, issue instruments of indebtedness, and secure
its obligations by granting security interests in its property;
(7) publish a magazine, newspaper, and other publications consist-
ent 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 pur-
poses of the corporation.
(c) POWERS RELATED TO AMATEUR ATHLETICS AND THE OLYMPIC
GAMES.—The corporation may—
(1) serve as the coordinating body for amateur athletic activity in
the United States directly related to international amateur athletic
competition;
(2) represent the United States as its national Olympic committee
in relations with the International Olympic Committee and the Pan-
American Sports Organization;
(3) organize, finance, and control the representation of the United
States in the competitions and events of the Olympic Games and of the
Pan-American Games, and obtain, directly or by delegation to the ap-
propriate national governing body, amateur representation for those
games;
(4) recognize eligible amateur sports organizations as national gov-
erning 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 proce-
dures, the resolution of conflicts or disputes that involve any of its
members and any amateur athlete, coach, trainer, manager, adminis-
trator, 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 competi-
tion, or other protected competition as defined in the constitution and
bylaws of the corporation; and
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(6) provide financial assistance to any organization or association,
except a corporation organized for profit, in furtherance of the pur-
poses of the corporation.
§ 220506. Exclusive right to name, seals, emblems, and
badges
(a) EXCLUSIVE RIGHT OF CORPORATION.—Except as provided in sub-
section (d) of this section, the corporation has the exclusive right to use—
(1) the name ‘‘United States Olympic Committee’’;
(2) the symbol of the International Olympic Committee, consisting
of 5 interlocking rings;
(3) the emblem of the corporation, consisting of an escutcheon
having a blue chief and vertically extending red and white bars on the
base with 5 interlocking rings displayed on the chief; and
(4) the words ‘‘Olympic’’, ‘‘Olympiad’’, ‘‘Citius Altius Fortius’’, or
any combination of those words.
(b) CONTRIBUTORS AND SUPPLIERS.—The corporation may authorize
contributors and suppliers of goods or services to use the trade name of the
corporation or any trademark, symbol, insignia, or emblem of the Inter-
national Olympic Committee or of the corporation to advertise that the con-
tributions, goods, or services were donated or supplied to, or approved, se-
lected, 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 per-
son, without the consent of the corporation, uses for the purpose of trade,
to induce the sale of any goods or services, or to promote any theatrical
exhibition, athletic performance, or competition—
(1) the symbol described in subsection (a)(2) of this section;
(2) the emblem described in subsection (a)(3) of this section;
(3) the words described in subsection (a)(4) of this section, or any
combination or simulation of those words tending to cause confusion
or mistake, to deceive, or to falsely suggest a connection with the cor-
poration 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 em-
blem described in subsection (a)(3) of this section, or the words or any com-
bination of the words described in subsection (a)(4) of this section, for any
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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 head-
quarters in a place in the United States decided by the corporation. The
corporation may hold its annual and special meetings in the places decided
by the corporation.
§ 220509. Resolution of disputes
The corporation shall establish and maintain provisions in its constitu-
tion and bylaws for the swift and equitable resolution of disputes involving
any of its members and relating to the opportunity of an amateur athlete,
coach, trainer, manager, administrator, or official to participate in the
Olympic Games, the Pan-American Games, world championship competition,
or other protected competition as defined in the constitution and bylaws of
the corporation.
§ 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 des-
ignated 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.
§ 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 expendi-
tures; and
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(2) a comprehensive description of the activities and accomplish-
ments 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 na-
tional governing bodies
(a) GENERAL AUTHORITY.—For any sport that is included on the pro-
gram 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 na-
tional governing body, the corporation shall hold a public hearing on the ap-
plication. The corporation shall publish notice of the time, place, and nature
of the hearing. Publication shall be made in a regular issue of the corpora-
tion’s principal publication at least 30 days, but not more than 60 days,
before the date of the hearing.
(c) RECOMMENDATION TO INTERNATIONAL SPORTS FEDERATION.—
Within 61 days after recognizing an organization as a national governing
body, the corporation shall recommend and support in any appropriate man-
ner the national governing body to the appropriate international sports fed-
eration as the representative of the United States for that sport.
(d) REVIEW OF RECOGNITION.—The corporation may review all mat-
ters related to the continued recognition of an organization as a national
governing body and may take action it considers appropriate, including plac-
ing conditions on the continued recognition.
§ 220522. Eligibility requirements
An amateur sports organization is eligible to be recognized, or to con-
tinue to be recognized, as a national governing body only if it—
(1) is incorporated under the laws of a State of the United States
or the District of Columbia as a not-for-profit corporation having as
its purpose the advancement of amateur athletic competition;
(2) has the managerial and financial capability to plan and execute
its obligations;
(3) submits—
(A) an application, in the form required by the corporation,
for recognition as a national governing body;
(B) a copy of its corporate charter and bylaws; and
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(C) any additional information considered necessary or appro-
priate by the corporation;
(4) agrees to submit, on demand by the corporation, to binding
arbitration conducted in accordance with the commercial rules of the
American Arbitration Association in any controversy involving—
(A) its recognition as a national governing body, as provided
for in section 220529 of this title; or
(B) the opportunity of any amateur athlete, coach, trainer,
manager, administrator, or official to participate in amateur ath-
letic competition, as provided for in the corporation’s constitution
and bylaws;
(5) demonstrates that it is autonomous in the governance of its
sport, in that it—
(A) independently decides and controls all matters central to
governance;
(B) does not delegate decision-making and control of matters
central to governance; and
(C) is free from outside restraint;
(6) demonstrates that it is a member of no more than one inter-
national sports federation that governs a sport included on the program
of the Olympic Games or the Pan-American Games;
(7) demonstrates that its membership is open to any individual
who is an amateur athlete, coach, trainer, manager, administrator, or
official active in the sport for which recognition is sought, or any ama-
teur 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 ama-
teur athletic competition, without discrimination on the basis of race,
color, religion, sex, age, or national origin, and with fair notice and op-
portunity for a hearing to any amateur athlete, coach, trainer, man-
ager, administrator, or official before declaring the individual ineligible
to participate;
(9) is governed by a board of directors or other governing board
whose members are selected without regard to race, color, religion, na-
tional 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—
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(A) its board of directors or other governing board includes
among its voting members—
(i) individuals who are actively engaged in amateur ath-
letic competition in the sport for which recognition is sought;
or
(ii) individuals who, within the prior 10 years, have rep-
resented 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—
(A) conducts a national program or regular national amateur
athletic competition in the applicable sport on a level of proficiency
appropriate for the selection of amateur athletes to represent the
United States in international amateur athletic competition; and
(B) ensures that the representation reflects the nature, scope,
quality, and strength of the programs and competitions of the
amateur sports organization in relation to all other programs and
competitions in the sport in the United States;
(12) demonstrates that none of its officers are also officers of any
other amateur sports organization recognized as a national governing
body;
(13) provides procedures for the prompt and equitable resolution
of grievances of its members;
(14) does not have eligibility criteria related to amateur status
that are more restrictive than those of the appropriate international
sports federation; and
(15) demonstrates, if the organization is seeking to be recognized
as a national governing body, that it is prepared to meet the obliga-
tions 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 international
sports federation;
(2) establish national goals and encourage the attainment of those
goals;
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(3) serve as the coordinating body for amateur athletic activity in
the United States;
(4) exercise jurisdiction over international amateur athletic activi-
ties and sanction international amateur athletic competition held in the
United States and sanction the sponsorship of international amateur
athletic competition held outside the United States;
(5) conduct amateur athletic competition, including national cham-
pionships, 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 rep-
resent 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 individ-
uals 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 ama-
teur sports organization has been declared (in accordance with binding arbi-
tration proceedings prescribed by the organic documents of the corporation)
entitled to replace that national governing body as the member of the cor-
poration 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 organiza-
tions it represents;
(2) minimize, through coordination with other amateur sports or-
ganizations, conflicts in the scheduling of all practices and competi-
tions;
(3) keep amateur athletes informed of policy matters and reason-
ably reflect the views of the athletes in its policy decisions;
(4) allow an amateur athlete to compete in any international ama-
teur athletic competition conducted by any amateur sports organization
or person, unless the national governing body establishes that its denial
is based on evidence that the organization or person conducting the
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competition does not meet the requirements stated in section 220525
of this title;
(5) provide equitable support and encouragement for participation
by women where separate programs for male and female athletes are
conducted on a national basis;
(6) encourage and support amateur athletic sports programs for
individuals with disabilities and the participation of individuals with
disabilities in amateur athletic activity, including, where feasible, the
expansion of opportunities for meaningful participation by individuals
with disabilities in programs of athletic competition for able-bodied in-
dividuals;
(7) provide and coordinate technical information on physical train-
ing, equipment design, coaching, and performance analysis; and
(8) encourage and support research, development, and dissemina-
tion 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 governs,
a national governing body promptly shall—
(1) review a request by an amateur sports organization or person
for a sanction to hold an international amateur athletic competition in
the United States or to sponsor United States amateur athletes to com-
pete 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 in-
terest 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:
(1) The organization or person must pay the national governing
body any required sanctioning fee, if the fee is reasonable and non-
discriminatory.
(2) For a sanction to hold an international amateur athletic com-
petition in the United States, the organization or person must—
(A) submit to the national governing body an audited or nota-
rized financial report of similar events, if any, conducted by the
organization or person; and
260
(B) demonstrate that the requirements of paragraph (4) of
this subsection have been met.
(3) For a sanction to sponsor United States amateur athletes to
compete in international amateur athletic competition outside the
United States, the organization or person must—
(A) submit a report of the most recent trip to a foreign coun-
try, if any, that the organization or person sponsored for the pur-
pose of having United States amateur athletes compete in inter-
national 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 com-
petition;
(B) appropriate provision has been made for validation of any
records established during the competition;
(C) due regard has been given to any international amateur
athletic requirements specifically applicable to the competition;
(D) the competition will be conducted by qualified officials;
(E) proper medical supervision will be provided for athletes
who will participate in the competition; and
(F) proper safety precautions have been taken to protect the
personal welfare of the athletes and spectators at the competition.
§ 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 sanc-
tion 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.
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§ 220527. Complaints against national governing bodies
(a) GENERAL.—(1) An amateur sports organization or person that be-
longs 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 cor-
poration. A copy of the complaint shall be served on the national governing
body.
(2) The corporation shall establish procedures for the filing and dis-
position of complaints under this section.
(b) EXHAUSTION OF REMEDIES.—(1) An organization or person may
file a complaint under subsection (a) of this section only after exhausting
all available remedies within the national governing body for correcting defi-
ciencies, 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 de-
cide whether the organization or person has exhausted all available remedies
as required by paragraph (1) of this subsection. If the corporation deter-
mines 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 testi-
mony to decide whether the national governing body is complying with sec-
tions 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 na-
tional governing body is not complying with sections 220522, 220524, and
220525 of this title, it shall—
(A) place the national governing body on probation for a specified
period of time, not to exceed 180 days, which the corporation considers
necessary to enable the national governing body to comply with those
sections; or
(B) revoke the recognition of the national governing body.
(3) If the corporation places a national governing body on probation
under paragraph (2) of this subsection, it may extend the probationary pe-
riod if the national governing body has proven by clear and convincing evi-
dence 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
262
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 corporation.
(b) ESTABLISHMENT OF PROCEDURES.—The corporation shall estab-
lish procedures for the filing and disposition of applications under this sec-
tion. If 2 or more organizations file applications for the same sport, the ap-
plications shall be considered in a single proceeding.
(c) FILING PROCEDURES.—(1) An application under this section must
be filed within one year after the final day of—
(A) any Olympic Games, for a sport in which competition is held
in the Olympic Games or both the Olympic and Pan-American Games;
or
(B) any Pan-American Games, for a sport in which competition
is held in the Pan-American Games but not in the Olympic Games.
(2) The application shall be filed with the corporation by registered
mail, and a copy of the application shall be served on the national governing
body. The corporation shall inform the applicant that its application has
been received.
(d) HEARINGS.—Within 180 days after receipt of an application filed
under this section, the corporation shall conduct a formal hearing to deter-
mine 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 publica-
tion 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 posi-
tions.
(e) STANDARDS FOR GRANTING APPLICATIONS.—In the hearing, the
applicant must establish by a preponderance of the evidence that—
(1) it meets the criteria for recognition as a national governing
body under section 220522 of this title; and
(2)(A) the national governing body does not meet the criteria of
section 220522, 220524, or 220525 of this title; or
(B) the applicant more adequately meets the criteria of section
220522 of this title, is capable of more adequately meeting the criteria
of sections 220524 and 220525 of this title, and provides or is capable
263
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 de-
clare a vacancy in the national governing body for that sport;
(3) revoke the recognition of the national governing body and rec-
ognize 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 govern-
ing body, if the national governing body would have retained recogni-
tion 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 na-
tional governing body does not comply with sections 220522, 220524, and
220525 of this title within the probationary period prescribed under sub-
section (f )(4) of this section, the corporation 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 submitted
within 30 days after the determination of the corporation.
(2) On receipt of a demand for arbitration, the Association shall serve
notice on the parties to the arbitration and on the corporation, and shall
immediately proceed with arbitration according to the commercial rules of
the Association in effect at the time the demand is filed, except that—
(A) the arbitration panel shall consist of at least 3 arbitrators, un-
less 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.
264
(4) Each party may be represented by counsel or by any other author-
ized 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 under-
standing and determination of the dispute. The arbitrators shall be the sole
judges of the relevancy and materiality of the evidence offered. Conformity
to legal rules of evidence is not necessary.
(c) SETTLEMENT.—The arbitrators may settle a dispute arising under
this chapter before making a final award, if agreed to by the parties and
achieved in a manner not inconsistent with the constitution and bylaws of
the corporation.
(d) BINDING NATURE OF DECISION.—Final decision of the arbitrators
is binding on the parties if the award is not inconsistent with the constitu-
tion and bylaws of the corporation.
(e) REOPENING HEARINGS.—(1) At any time before a final decision is
made, the hearings may be reopened by the arbitrators on their own motion
or on the motion of a party.
(2) If the reopening is based on the motion of a party, and if the re-
opening 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.
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 corporation incor-
porated in New Jersey and Colorado, is a federally chartered corporation.
(b) EXPIRATION OF CHARTER.—If the corporation does not comply
with any provision of this chapter, the charter granted by this chapter ex-
pires.
265
§ 220703. Purposes
The purposes of the corporation are as provided in its articles of incor-
poration and include—
(1) preserving and promoting patriotism and loyalty to the United
States of America;
(2) perpetuating and establishing memorials to the memory of
shipmates who served aboard United States submarines and gave their
lives in submarine warfare during World War II;
(3) promoting the spirit and unity that existed among the United
States Navy submarine crewmen during World War II;
(4) fostering general public awareness of life aboard submarines
during World War II, through securing, restoring, and displaying the
submarines that were in service at that time;
(5) sponsoring annual college scholarships; and
(6) performing acts of charity as provided in the constitution and
bylaws of the corporation.
§ 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 respon-
sibilities of the board are as provided in the articles of incorporation.
(b) OFFICERS.—The officers and the election of officers are as pro-
vided 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.
§ 220707. Restrictions
(a) STOCK AND DIVIDENDS.—The corporation may not issue stock or
declare or pay a dividend.
(b) POLITICAL ACTIVITIES.—The corporation or a director or officer as
such may not contribute to, support, or otherwise participate in any political
activity or in any manner attempt to influence legislation.
(c) DISTRIBUTION OF INCOME OR ASSETS.—The income or assets of
the corporation may not inure to the benefit of, or be distributed to, a direc-
tor, officer, or member during the life of the charter granted by this chap-
ter. This subsection does not prevent the payment of reasonable compensa-
tion to an officer or reimbursement for actual necessary expenses in
amounts approved by the board of directors.
266
(d) LOANS.—The corporation may not make a loan to a director, offi-
cer, or employee.
(e) CLAIM OF GOVERNMENTAL APPROVAL OR AUTHORITY.—The cor-
poration 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 ac-
tivities.
§ 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 ac-
tivities 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.
230102.
Purposes.
230103.
Membership.
230104.
Powers.
230105.
Exclusive right to name, seal, emblems, and badges.
230106.
Service of process.
230107.
Annual report.
267
§ 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 cor-
poration has perpetual existence.
§ 230102. Purposes
The purposes of the corporation are fraternal, patriotic, historical, and
educational, and are—
(1) to preserve and strengthen comradeship among its members;
(2) to assist worthy comrades;
(3) to perpetuate the memory and history of our dead, and to as-
sist 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 cam-
paign 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 nec-
essary and appropriate to carry out the purposes of the corporation;
268
(6) establish, regulate, and discontinue subordinate State and ter-
ritorial subdivisions and local chapters or posts;
(7) publish a magazine and other publications;
(8) sue and be sued; and
(9) do any other act necessary and proper to carry out the pur-
poses of the corporation.
§ 230105. Exclusive right to name, seal, emblems, and badges
The corporation has the exclusive right to use the name ‘‘Veterans of
Foreign Wars of the United States’’ and its corporate seal and to manufac-
ture 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 des-
ignated 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 de-
clared to be incorporated and domiciled in the District of Columbia.
(c) PERPETUAL EXISTENCE.—Except as otherwise provided, the cor-
poration has perpetual existence.
269
§ 230302. Purposes
The purposes of the corporation are patriotic, fraternal, historical, and
educational, in the service and for the benefit of veterans of World War I,
and are—
(1) to provide for the veterans of World War I an organization
for their mutual benefit, pleasure, and amusement which will afford
them opportunities and means for personal contact with each other to
keep alive friendships and memories of World War I and to venerate
the memory of their honored dead;
(2) to cooperate to the fullest extent and in a harmonious manner
with all veterans’ organizations so that the best interests of all veterans
of all wars in which the United States has participated, and the widows
and orphans of deceased veterans of those wars, may best be served;
(3) to stimulate communities and political subdivisions into taking
more interest in veterans of World War I, the widows and orphans of
those deceased veterans, and the problems of those veterans and their
widows and orphans;
(4) to collate, preserve, and encourage the study of historical epi-
sodes, 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 fos-
ter the spirit and practice of true Americanism;
(6) to fight unceasingly for our national security to protect Ameri-
cans 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 pur-
poses 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 associate or
honorary member) has one vote on each matter submitted to a vote at a
meeting of the members of the corporation except the national convention.
270
§ 230304. Governing body
(a) NATIONAL CONVENTION.—(1) The national convention is the su-
preme governing authority of the corporation.
(2) The national convention is composed of officers and elected rep-
resentatives 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 mem-
bership 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.
(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 com-
mander, a national senior vice commander, a national junior vice com-
mander, a national quartermaster, a national adjutant, a national judge ad-
vocate, 9 regional vice commanders, and other officers as provided in the
constitution and bylaws. One individual may hold the offices of national
quartermaster and national adjutant.
(2) The titles, manner of selection, term of office, and duties of the
officers are as provided in the constitution and bylaws.
§ 230305. Powers
The corporation may—
(1) adopt and amend a constitution and bylaws for the manage-
ment 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 activi-
ties of the corporation require;
(4) make contracts;
(5) acquire, own, lease, encumber, and transfer property as nec-
essary or convenient to carry out the purposes of the corporation;
(6) borrow money, issue instruments of indebtedness, and secure
its obligations by granting security interests in its property;
(7) sue and be sued; and
271
(8) do any other act necessary and proper to carry out the pur-
poses 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 offi-
cer or member during the life of the corporation or on its dissolution or
final liquidation. This subsection does not prevent the payment of com-
pensation 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 offi-
cers 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.
§ 230308. Principal office
The principal office of the corporation shall be in the District of Co-
lumbia or another place decided by the board of administration. However,
the activities of the corporation are not confined to the place where the prin-
cipal 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.
272
§ 230310. Service of process
The corporation shall have a designated agent in the District of Colum-
bia 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 ter-
minate 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 Colum-
bia.
(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.
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.
273
§ 230502. Organization
(a) FEDERAL CHARTER.—Vietnam Veterans of America, Inc. (in this
chapter, the ‘‘corporation’’), a nonprofit corporation incorporated in New
York, is a federally chartered corporation.
(b) EXPIRATION OF CHARTER.—If the corporation does not comply
with any provision of this chapter, the charter granted by this chapter ex-
pires.
§ 230503. Purposes
The purposes of the corporation are as provided in its articles of incor-
poration, constitution, and bylaws and include a commitment—
(1) to uphold and defend the Constitution of the United States;
(2) to foster improvement of the condition of Vietnam-era veter-
ans;
(3) to promote the social welfare (including educational, economic,
social, physical, and cultural improvement) of Vietnam-era veterans and
other veterans in the United States by encouraging their growth, devel-
opment, readjustment, self-respect, self-confidence, and usefulness;
(4) to improve conditions for Vietnam-era veterans and develop
channels of communication to assist Vietnam-era veterans;
(5) to conduct and publish research, on a nonpartisan basis, per-
taining to—
(A) the relationship between Vietnam-era veterans and Amer-
ican society;
(B) the Vietnam war experience;
(C) the role of the United States in securing peaceful coexist-
ence for the world community; and
(D) other matters that affect the educational, economic, so-
cial, physical, or cultural welfare of Vietnam-era veterans, other
veterans, and their families;
(6) to assist disabled Vietnam-era veterans and other veterans in
need of assistance and the dependents and survivors of those veterans;
and
(7) to consecrate the efforts of the members of the corporation,
and Vietnam-era veterans generally, to mutual helpfulness and service
to their country.
§ 230504. 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.
274
(b) NONDISCRIMINATION.—The terms of membership may not discrimi-
nate on the basis of race, color, religion, sex, disability, age, or national ori-
gin.
§ 230505. Governing body
(a) BOARD OF DIRECTORS.—The board of directors and the respon-
sibilities 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 pro-
vided 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, dis-
ability, age, or national origin.
§ 230506. Powers
The corporation has only the powers provided in its articles of incorpo-
ration filed in the State of incorporation and in its constitution 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 cor-
poration 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 direc-
tor, officer, or member during the life of the charter granted by this chap-
ter. This subsection does not prevent the payment of reasonable compensa-
tion 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, offi-
cer, or employee.
(d) CLAIM OF GOVERNMENTAL APPROVAL OR AUTHORITY.—The cor-
poration 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—
275
(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.
§ 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 ac-
tivities.
§ 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 ac-
tivities 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 corporation incorporated in
the District of Columbia, is a federally chartered corporation.
(b) EXPIRATION OF CHARTER.—If the corporation does not comply
with any provision of this chapter, the charter granted by this chapter ex-
pires.
276
§ 240103. Purposes
The purposes of the corporation are as provided in its articles of incor-
poration 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
(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 privi-
leges of members are as provided in the constitution and bylaws of the cor-
poration.
§ 240105. Governing body
(a) BOARD OF DIRECTORS.—The board of directors and the respon-
sibilities of the board are as provided in the articles of incorporation.
(b) OFFICERS.—The officers and the election of officers are as pro-
vided 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 participate in any political
activity or in any manner attempt to influence legislation.
(c) DISTRIBUTION OF INCOME OR ASSETS.—The income or assets of
the corporation may not inure to the benefit of, or be distributed to, a direc-
tor, officer, or member during the life of the charter granted by this chap-
ter. This subsection does not prevent the payment of reasonable compensa-
tion 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, offi-
cer, or employee.
(e) CLAIM OF GOVERNMENTAL APPROVAL OR AUTHORITY.—The cor-
poration may not claim the approval or the authority of the United States
Government for any of its activities.
277
§ 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.
§ 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 ac-
tivities.
§ 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 ac-
tivities 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.
278
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 cor-
poration has perpetual existence.
§ 300102. Purposes
The purposes of the corporation are—
(1) to provide volunteer aid in time of war to the sick and wound-
ed 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, 1949, to which
the United States of America has given its adhesion; and
(C) any other treaty, convention, or protocol similar in pur-
pose to which the United States of America has given or may give
its adhesion;
(2) in carrying out the purposes described in clause (1) of this sec-
tion, to perform all the duties devolved on a national society by each
nation that has acceded to any of those treaties, conventions, or proto-
cols;
(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 gov-
ernments 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 ca-
lamities, and to devise and carry out measures for preventing those ca-
lamities.
§ 300103. Membership and chapters
(a) MEMBERSHIP.—Membership in the corporation is open to all the
people of the United States and its territories and possessions, on payment
of an amount specified in the bylaws.
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(b) CHAPTERS.—(1) The chapters of the corporation are the local units
of the corporation. The board of governors shall prescribe regulations relat-
ed to—
(A) granting charters to the chapters and revoking those charters;
(B) the territorial jurisdiction of the chapters;
(C) the relationship of the chapters to the corporation; and
(D) compliance by the chapters with the policies and regulations
of the corporation.
(2) The regulations shall require that each chapter adhere to the demo-
cratic 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 govern-
ing 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 8 governors, one of whom the
President shall designate to act as the principal officer of the corpora-
tion with the title and functions provided in the bylaws. The other gov-
ernors appointed by the President shall be officials of departments and
agencies of the United States Government, whose positions and inter-
ests qualify them to contribute to carrying out the programs and pur-
poses of the corporation. At least one, but not more than 3, of those
officials shall be selected from the armed forces.
(B) The chapters shall elect 30 governors at the national conven-
tion under procedures for nomination and election that ensure equitable
representation of all chapters, with regard to geographical consider-
ations, the size of the chapters, and the size of the populations served
by the chapters.
(C) The board shall elect 12 governors as members-at-large. Those
governors shall be individuals who are representative of the national in-
terests 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 prac-
ticable after the convention.
(b) TERM OF OFFICE AND VACANCIES.—(1) The term of office of each
governor is 3 years. However, the term of office of a governor appointed
by the President (except the principal officer of the corporation) expires if,
280
before the end of the 3-year term, the governor retires from the official posi-
tion held at the time of appointment as a governor.
(2) The President shall fill as soon as practicable a vacancy in the of-
fice of the principal officer of the corporation or in the position of another
governor appointed by the President. The board shall make a temporary ap-
pointment 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 re-
moval 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 na-
tional convention if the board believes a national emergency makes attend-
ance 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 pro-
mote 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 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.
281
(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 convention of
delegates of the chapters. The national convention shall be held annually on
a date and at a place specified by the board of governors. In matters requir-
ing a vote at the national convention, each chapter is entitled to at least
one vote. The board shall determine on an equitable basis the number of
votes that each chapter is entitled to cast, taking into consideration the size
of the membership of the chapters and of the populations served by the
chapters. The board shall review the allocation of votes at least every 5
years.
§ 300108. Buildings
(a) OWNERSHIP.—The United States Government shall retain owner-
ship 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 sac-
rifice 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 sac-
rifice of the patriotic women of the United States, its territories and
possessions, and the District of Columbia during World War I, erected
for the use of the corporation; and
(3) the permanent building erected for the use of the corporation
in connection with its work in cooperation with the Government.
(b) MAINTENANCE
AND EXPENSES.—Those buildings shall remain
under the supervision of the Administrator of General Services. However,
the corporation shall care for and maintain the buildings without expense
to the Government.
§ 300109. Endowment fund
The endowment fund of the corporation shall be kept and invested
under the management and control of a board of 9 trustees elected by the
board of governors. The board of governors shall prescribe regulations on
terms and tenure of office, accountability, and expenses of the board of
trustees.
§ 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.
282
(b) AUDITING OF REPORT AND SUBMISSION TO CONGRESS.—The Sec-
retary shall audit the report and submit a copy of the audited report to
Congress.
(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 re-
ceipt.
§ 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 estab-
lished 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 twenty-four
hours a day if properly illuminated during the hours of darkness.
‘‘(b) The flag should be hoisted briskly and lowered ceremoniously.
‘‘(c) The flag should not be displayed on days when the weather is in-
clement, except when an all weather flag is displayed.
283
‘‘(d) The flag should be displayed on all days, especially on New Year’s
Day, January 1; Inauguration Day, January 20; Lincoln’s Birthday, Feb-
ruary 12; Washington’s Birthday, third Monday in February; Easter Sun-
day (variable); Mother’s Day, second Sunday in May; Armed Forces Day,
third Saturday in May; Memorial Day (half-staff until noon), the last Mon-
day 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, No-
vember 11; Thanksgiving Day, fourth Thursday in November; Christmas
Day, December 25; and such other days as may be proclaimed by the Presi-
dent 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 administra-
tion building of every public institution.
‘‘(f ) The flag should be displayed in or near every polling place on elec-
tion 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 chaplains at sea, when the church pen-
nant 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: Pro-
vided, 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.