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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
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(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
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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
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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.
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(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.
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§ 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.
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(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.
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§ 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;
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(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.
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§ 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.
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§ 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
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(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.
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§ 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.
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§ 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.
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(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—
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(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.
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§ 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.
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§ 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.
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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,
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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.
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(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.
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(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.
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‘‘(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.
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‘‘(d) The flag of the United States of America, when it is displayed
with another flag against a wall from crossed staffs, should be on the right,
the flag’s own right, and its staff should be in front of the staff of the other
flag.
‘‘(e) The flag of the United States of America should be at the center
and at the highest point of the group when a number of flags of States or
localities or pennants of societies are grouped and displayed from staffs.
‘‘(f ) When flags of States, cities, or localities, or pennants of societies
are flown on the same halyard with the flag of the United States, the latter
should always be at the peak. When the flags are flown from adjacent
staffs, the flag of the United States should be hoisted first and lowered last.
No such flag or pennant may be placed above the flag of the United States
or to the United States flag’s right.
‘‘(g) When flags of two or more nations are displayed, they are to be
flown from separate staffs of the same height. The flags should be of ap-
proximately equal size. International usage forbids the display of the flag
of one nation above that of another nation in time of peace.
‘‘(h) When the flag of the United States is displayed from a staff pro-
jecting horizontally or at an angle from the window sill, balcony, or front
of a building, the union of the flag should be placed at the peak of the staff
unless the flag is at half staff. When the flag is suspended over a sidewalk
from a rope extending from a house to a pole at the edge of the sidewalk,
the flag should be hoisted out, union first, from the building.
‘‘(i) When displayed either horizontally or vertically against a wall, the
union should be uppermost and to the flag’s own right, that is, to the ob-
server’s left. When displayed in a window, the flag should be displayed in
the same way, with the union or blue field to the left of the observer in
the street.
‘‘(j) When the flag is displayed over the middle of the street, it should
be suspended vertically with the union to the north in an east and west
street or to the east in a north and south street.
‘‘(k) When used on a speaker’s platform, the flag, if displayed flat,
should be displayed above and behind the speaker. When displayed from a
staff in a church or public auditorium, the flag of the United States of
America should hold the position of superior prominence, in advance of the
audience, and in the position of honor at the clergyman’s or speaker’s right
as he faces the audience. Any other flag so displayed should be placed on
the left of the clergyman or speaker or to the right of the audience.
‘‘(l) The flag should form a distinctive feature of the ceremony of un-
veiling a statue or monument, but it should never be used as the covering
for the statue or monument.
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‘‘(m) The flag, when flown at half-staff, should be first hoisted to the
peak for an instant and then lowered to the half-staff position. The flag
should be again raised to the peak before it is lowered for the day. On Me-
morial Day the flag should be displayed at half-staff until noon only, then
raised to the top of the staff. By order of the President, the flag shall be
flown at half-staff upon the death of principal figures of the United States
Government and the Governor of a State, territory, or possession, as a mark
of respect to their memory. In the event of the death of other officials or
foreign dignitaries, the flag is to be displayed at half-staff according to
Presidential instructions or orders, or in accordance with recognized cus-
toms or practices not inconsistent with law. In the event of the death of
a present or former official of the government of any State, territory, or
possession of the United States, the Governor of that State, territory, or
possession may proclaim that the National flag shall be flown at half-staff.
The flag shall be flown at half-staff thirty days from the death of the Presi-
dent or a former President; ten days from the day of death of the Vice
President, the Chief Justice or a retired Chief Justice of the United States,
or the Speaker of the House of Representatives; from the day of death until
interment of an Associate Justice of the Supreme Court, a Secretary of an
executive or military department, a former Vice President, or the Governor
of a State, territory, or possession; and on the day of death and the follow-
ing day for a Member of Congress. The flag shall be flown at halfstaff on
Peace Officers Memorial Day, unless that day is also Armed Forces Day.
As used in this subsection—
‘‘(1) the term ‘half-staff’ means the position of the flag when it
is one-half the distance between the top and bottom of the staff;
‘‘(2) the term ‘executive or military department’ means any agency
listed under sections 101 and 102 of title 5; and
‘‘(3) the term ‘Member of Congress’ means a Senator, a Rep-
resentative, a Delegate, or the Resident Commissioner from Puerto
Rico.
‘‘(n) When the flag is used to cover a casket, it should be so placed
that the union is at the head and over the left shoulder. The flag should
not be lowered into the grave or allowed to touch the ground.
‘‘(o) When the flag is suspended across a corridor or lobby in a build-
ing with only one main entrance, it should be suspended vertically with the
union of the flag to the observer’s left upon entering. If the building has
more than one main entrance, the flag should be suspended vertically near
the center of the corridor or lobby with the union to the north, when en-
trances are to the east and west or to the east when entrances are to the
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north and south. If there are entrances in more than two directions, the
union should be to the east.
‘‘§ 8. Respect for flag
‘‘No disrespect should be shown to the flag of the United States of
America; the flag should not be dipped to any person or thing. Regimental
colors, State flags, and organization or institutional flags are to be dipped
as a mark of honor.
‘‘(a) The flag should never be displayed with the union down, except
as a signal of dire distress in instances of extreme danger to life or prop-
erty.
‘‘(b) The flag should never touch anything beneath it, such as the
ground, the floor, water, or merchandise.
‘‘(c) The flag should never be carried flat or horizontally, but always
aloft and free.
‘‘(d) The flag should never be used as wearing apparel, bedding, or
drapery. It should never be festooned, drawn back, nor up, in folds, but al-
ways allowed to fall free. Bunting of blue, white, and red, always arranged
with the blue above, the white in the middle, and the red below, should be
used for covering a speaker’s desk, draping the front of the platform, and
for decoration in general.
‘‘(e) The flag should never be fastened, displayed, used, or stored in
such a manner as to permit it to be easily torn, soiled, or damaged in any
way.
‘‘(f ) The flag should never be used as a covering for a ceiling.
‘‘(g) The flag should never have placed upon it, nor on any part of it,
nor attached to it any mark, insignia, letter, word, figure, design, picture,
or drawing of any nature.
‘‘(h) The flag should never be used as a receptacle for receiving, hold-
ing, carrying, or delivering anything.
‘‘(i) The flag should never be used for advertising purposes in any
manner whatsoever. It should not be embroidered on such articles as cush-
ions or handkerchiefs and the like, printed or otherwise impressed on paper
napkins or boxes or anything that is designed for temporary use and dis-
card. Advertising signs should not be fastened to a staff or halyard from
which the flag is flown.
‘‘(j) No part of the flag should ever be used as a costume or athletic
uniform. However, a flag patch may be affixed to the uniform of military
personnel, firemen, policemen, and members of patriotic organizations. The
flag represents a living country and is itself considered a living thing.
Therefore, the lapel flag pin being a replica, should be worn on the left lapel
near the heart.