I-SEARCH (tm) V1.89P Retrieved Documents Listing on 10/25/93 at 03:23:38. Database: USCODE Search: (36:CITE) ------DocID 41120 Document 1 of 1444------ -CITE- 36 USC TITLE 36 -EXPCITE- TITLE 36 -HEAD- TITLE 36 - PATRIOTIC SOCIETIES AND OBSERVANCES -MISC1- Chap. Sec. 1. American National Red Cross 1 1A. Daughters of the American Revolution 18 1B. American Historical Association 20 1C. Sons of the American Revolution 20a 2. Boy Scouts of America 21 2A. Girl Scouts of America 31 3. The American Legion 41 3A. United Spanish War Veterans 56 3B. Marine Corps League 57 4. Belleau Wood Memorial Association 61 4A. AMVETS (American Veterans of World War II, Korea, and Vietnam) 67 5. Grand Army of the Republic (Omitted) 71 5A. Ladies of the Grand Army of the Republic 78 6. United States Blind Veterans of World War I 81 6A. Disabled American Veterans 90a 7. American War Mothers 91 7A. Veterans of Foreign Wars of the United States 111 8. American Battle Monuments Commission 121 8A. The National Yeomen F 139 8B. Navy Club of the United States of America 140 9. National Observances 141 10. Patriotic Customs 170 11. Civil Air Patrol 201 12. Reserve Officers Association 221 13. National Academy of Sciences 251 14. Future Farmers of America 271 15. Military Chaplains Association of the United States of America 311 16. American Society of International Law 341 17. United States Olympic Committee 371 18. National Conference of State Societies, Washington, District of Columbia 401 19. Corregidor Bataan Memorial Commission (Omitted) 426 20. National Conference on Citizenship 431 21. National Safety Council 461 22. Pershing Hall Memorial Fund 491 23. Board for Fundamental Education 501 24. Sons of Union Veterans of the Civil War 531 25. The Foundation of the Federal Bar Association 571 26. National Fund for Medical Education 601 27. Legion of Valor of the United States of America, Inc. 631 28. National Music Council 661 29. Boys' Clubs of America 691 30. Presidential Inaugural Ceremonies 721 31. Civil War Centennial Commission (Omitted and Repealed) 741 32. Veterans of World War I of the United States of America 761 33. The Congressional Medal of Honor Society of the United States of America 791 34. Military Order of the Purple Heart of the United States of America 821 35. Blinded Veterans Association 851 36. Big Brothers - Big Sisters of America 881 37. Jewish War Veterans, U.S.A., National Memorial, Inc. 911 38. Blue Star Mothers of America 941 39. Agricultural Hall of Fame 971 40. National Woman's Relief Corps, Auxiliary to the Grand Army of the Republic 1001 41. Naval Sea Cadet Corps 1041 41A. Little League Baseball, Inc. 1071 42. Audits of Federally Chartered Corporations 1101 43. Paralyzed Veterans of America 1151 44. United States Capitol Historical Society 1201 45. United Service Organizations, Inc. 1301 46. United States Holocaust Memorial Council 1401 47. National Ski Patrol System, Inc. 1501 48. Gold Star Wives of America 1601 49. Italian American War Veterans of the United States 1701 50. United States Submarine Veterans of World War II 1801 51. American Council of Learned Societies 1901 52. National Federation of Music Clubs 2001 53. American Ex-Prisoners of War 2101 54. Former Members of Congress 2201 55. National Academy of Public Administration 2301 56. American Gold Star Mothers, Inc. 2401 57. Polish Legion of American Veterans, U.S.A. 2501 58. Catholic War Veterans of the United States of America, Inc. 2601 59. Jewish War Veterans of the United States of America, Inc. 2701 60. Navy Wives Clubs of America 2801 61. National Society, Daughters of the American Colonists 2901 62. 369th Veterans' Association 3001 63. Women's Army Corps Veterans' Association 3101 64. American Chemical Society 3201 65. The American National Theater and Academy 3301 66. American Symphony Orchestra League 3401 67. General Federation of Women's Clubs 3501 68. Pearl Harbor Survivors Association 3601 69. Daughters of Union Veterans of the Civil War 1861-1865 3701 70. Vietnam Veterans of America, Inc. 3801 71. Army and Navy Union of the United States of America 3901 72. Non Commissioned Officers Association of the United States of America, Inc. 4001 73. National Mining Hall of Fame and Museum 4101 74. American Academy of Arts and Letters 4201 75. Aviation Hall of Fame 4301 76. Frederick Douglass Memorial and Historical Association 4401 77. National Council on Radiation Protection and Measurements 4501 78. National Tropical Botanical Garden 4601 79. Theodore Roosevelt Association 4701 80. 82nd Airborne Division Association, Inc. 4801 ------DocID 41171 Document 2 of 1444------ -CITE- 36 USC Sec. 36 -EXPCITE- TITLE 36 CHAPTER 2A -HEAD- Sec. 36. Exclusive right to emblems, badges, marks, and words or phrases -STATUTE- The corporation shall have the sole and exclusive right to have and to use, in carrying out its purposes, all emblems and badges, descriptive or designating marks, and words or phrases now or heretofore used by the old corporation and by its successor in carrying out its program, including the sole and exclusive right to use, or to authorize the use of, during the existence of the corporation, the badge of the Girl Scouts, Incorporated, which is referred to in the Act of August 12, 1937 (Public, Numbered 259, Seventy-fifth Congress; 50 Stat. 623), and all the other aforesaid emblems and badges, descriptive or designating marks, and words or phrases in connection with the manufacturing, advertising, and selling of equipment and merchandise: Provided, however, That nothing in this chapter shall interfere or conflict with established or vested rights. -SOURCE- (Mar. 16, 1950, ch. 62, Sec. 6, 64 Stat. 24; Aug. 17, 1951, ch. 328, 65 Stat. 193.) -REFTEXT- REFERENCES IN TEXT Act of August 12, 1937 (Public, Numbered 259, Seventy-fifth Congress; 50 Stat. 623), referred to in text, is act Aug. 12, 1937, ch. 590, 50 Stat. 623, which is not classified to the Code. -MISC2- AMENDMENTS 1951 - Act Aug. 17, 1951, inserted 'and by its successors' and 'including the sole and exclusive right to use, or to authorize the use of, during the existence of the corporation, the badge of the Girl Scouts, Incorporated, which is referred to in the Act of August 12, 1937 (Public, Numbered 259, Seventy-fifth Congress; 50 Stat. 623), and all the other aforesaid emblems and badges, descriptive or designating marks, and words or phrases in connection with the manufacturing, advertising, and selling of equipment and merchandise' and substituted 'Provided, however, That' for 'it being distinctly and definitely understood, however, that'. ------DocID 41807 Document 3 of 1444------ -CITE- 36 USC CHAPTER 36 -EXPCITE- TITLE 36 CHAPTER 36 -HEAD- CHAPTER 36 - BIG BROTHERS - BIG SISTERS OF AMERICA -MISC1- Sec. 881. Corporation created; short title. 882. Completion of organization. 883. Purposes of corporation. 884. Powers of corporation. 885. Principal office; territorial scope of activities; agent for service of process. 886. Membership; voting rights. 887. Governing body. (a) Composition. (b) Tenure. (c) Duties. 888. Officers. 889. Distribution of income or assets to members; loans. 890. Nonpolitical nature of corporation. 891. Liability for acts of officers and agents. 892. Prohibition against issuance of stock or payment of dividends. 893. Books and records; inspection. 894. Repealed. 895. Exclusive right to name, emblems, seals, and badges. 896. Acquisition of assets and liabilities of existing corporation. 897. Use of assets on dissolution or liquidation. 898. Reservation of right to amend or repeal chapter. ------DocID 14626 Document 4 of 1444------ -CITE- 10 USC APPENDIX - RULES OF COURT OF MILITARY APPEALS Rule 36 -EXPCITE- TITLE 10 APPENDIX UNITED STATES COURT OF MILITARY APPEALS PRACTICE BEFORE THE COURT -HEAD- Rule 36. Filing of Pleadings -STATUTE- (a) All pleadings or other papers relative to a case will be submitted to the Clerk's office, 450 E Street, Northwest, Washington, D.C. 20442. Pleadings transmitted by mail or other means for filing in the Clerk's office will be deemed to have been filed when received by the Court or when deposited in the United States mails addressed to the Court, whichever occurs first. See Rule 27(a)(6). (b) If any pleading or paper is not filed or offered for filing in compliance with these rules or an order of the Court, the Court may issue an order to show cause, dismiss the proceeding, or return the proferred pleading or paper on its own motion or the motion of a party. ------DocID 15204 Document 5 of 1444------ -CITE- 12 USC Sec. 36 -EXPCITE- TITLE 12 CHAPTER 2 SUBCHAPTER I -HEAD- Sec. 36. Branch banks -STATUTE- The conditions upon which a national banking association may retain or establish and operate a branch or branches are the following: (a) A national banking association may retain and operate such branch or branches as it may have had in lawful operation on February 25, 1927, and any national banking association which continuously maintained and operated not more than one branch for a period of more than twenty-five years immediately preceding February 25, 1927, may continue to maintain and operate such branch. (b)(1) A national bank resulting from the conversion of a State bank may retain and operate as a branch any office which was a branch of the State bank immediately prior to conversion if such office - (A) might be established under subsection (c) of this section as a new branch of the resulting national bank, and is approved by the Comptroller of the Currency for continued operation as a branch of the resulting national bank; (B) was a branch of any bank on February 25, 1927; or (C) is approved by the Comptroller of the Currency for continued operation as a branch of the resulting national bank. The Comptroller of the Currency may not grant approval under clause (C) of this paragraph if a State bank (in a situation identical to that of the national bank) resulting from the conversion of a national bank would be prohibited by the law of such State from retaining and operating as a branch an identically situated office which was a branch of the national bank immediately prior to conversion. (2) A national bank (referred to in this paragraph as the 'resulting bank'), resulting from the consolidation of a national bank (referred to in this paragraph as the 'national bank') under whose charter the consolidation is effected with another bank or banks, may retain and operate as a branch any office which, immediately prior to such consolidation, was in operation as - (A) a main office or branch office of any bank (other than the national bank) participating in the consolidation if, under subsection (c) of this section, it might be established as a new branch of the resulting bank, and if the Comptroller of the Currency approves of its continued operation after the consolidation; (B) a branch of any bank participating in the consolidation, and which, on February 25, 1927, was in operation as a branch of any bank; or (C) a branch of the national bank and which, on February 25, 1927, was not in operation as a branch of any bank, if the Comptroller of the Currency approves of its continued operation after the consolidation. The Comptroller of the Currency may not grant approval under clause (C) of this paragraph if a State bank (in a situation identical to that of the resulting national bank) resulting from the consolidation into a State bank of another bank or banks would be prohibited by the law of such State from retaining and operating as a branch an identically situated office which was a branch of the State bank immediately prior to consolidation. (3) As used in this subsection, the term 'consolidation' includes a merger. (c) A national banking association may, with the approval of the Comptroller of the Currency, establish and operate new branches: (1) Within the limits of the city, town or village in which said association is situated, if such establishment and operation are at the time expressly authorized to State banks by the law of the State in question; and (2) at any point within the State in which said association is situated, if such establishment and operation are at the time authorized to State banks by the statute law of the State in question by language specifically granting such authority affirmatively and not merely by implication or recognition, and subject to the restrictions as to location imposed by the law of the State on State banks. In any State in which State banks are permitted by statute law to maintain branches within county or greater limits, if no bank is located and doing business in the place where the proposed agency is to be located, any national banking association situated in such State may, with the approval of the Comptroller of the Currency, establish and operate, without regard to the capital requirements of this section, a seasonal agency in any resort community within the limits of the county in which the main office of such association is located, for the purpose of receiving and paying out deposits, issuing and cashing checks and drafts, and doing business incident thereto: Provided, That any permit issued under this sentence shall be revoked upon the opening of a State or national bank in such community. Except as provided in the immediately preceding sentence, no such association shall establish a branch outside of the city, town, or village in which it is situated unless it has a combined capital stock and surplus equal to the combined amount of capital stock and surplus, if any, required by the law of the State in which such association is situated for the establishment of such branches by State banks, or, if the law of such State requires only a minimum capital stock for the establishment of such branches by State banks, unless such association has not less than an equal amount of capital stock. (d) The aggregate capital of every national banking association and its branches shall at no time be less than the aggregate minimum capital required by law for the establishment of an equal number of national banking associations situated in the various places where such association and its branches are situated. (e) No branch of any national banking association shall be established or moved from one location to another without first obtaining the consent and approval of the Comptroller of the Currency. (f) The term 'branch' as used in this section shall be held to include any branch bank, branch office, branch agency, additional office, or any branch place of business located in any State or Territory of the United States or in the District of Columbia at which deposits are received, or checks paid, or money lent. (g) This section shall not be construed to amend or repeal section 25 of the Federal Reserve Act, as amended (12 U.S.C. 601 et seq.), authorizing the establishment by national banking associations of branches in foreign countries, or dependencies, or insular possessions of the United States. (h) The words 'State bank,' 'State banks,' 'bank,' or 'banks,' as used in this section, shall be held to include trust companies, savings banks, or other such corporations or institutions carrying on the banking business under the authority of State laws. -SOURCE- (R.S. Sec. 5155; Feb. 25, 1927, ch. 191, Sec. 7, 44 Stat. 1228; June 16, 1933, ch. 89, Sec. 23, 48 Stat. 189; Aug. 23, 1935, ch. 614, title III, Sec. 305, 49 Stat. 708; July 15, 1952, ch. 753, Sec. 2(b), 66 Stat. 633; Sept. 28, 1962, Pub. L. 87-721, 76 Stat. 667.) -REFTEXT- REFERENCES IN TEXT Section 25 of the Federal Reserve Act, as amended, referred to in subsec. (g), is classified to subchapter I (Sec. 601 et seq.) of chapter 6 of this title. -COD- CODIFICATION R.S. Sec. 5155 derived from act Mar. 3, 1865, ch. 78, Sec. 7, 13 Stat. 484. -MISC3- AMENDMENTS 1962 - Subsec. (b). Pub. L. 87-721 substituted provisions permitting a national bank resulting from the conversion of a State bank to retain and operate as a branch any office which was a branch of the State bank immediately prior to conversion if such office might be established as a new branch of the resulting national bank, and is approved by the Comptroller for continued operation as a branch of the resulting bank, or any office which was a branch of any bank on Feb. 25, 1927, or any office which is approved by the Comptroller for continued operation as a branch, and a national bank resulting from consolidation of a national bank under whose charter the consolidation is effected with another bank or banks to retain and operate any office which, immediately prior to consolidation, was in operation as a main office or branch office of any bank (other than the national bank) participating in the consolidation if it might be established as a new branch of the resulting bank, and if the Comptroller approves of its continued operation, or was in operation as a branch of any bank participating in the consolidation and which, on Feb. 25, 1927, was in operation as a branch of any bank, or was in operation as a branch of the national bank and which, on Feb. 25, 1927, was not in operation as a branch of any bank, if the Comptroller approves of its continued operation, for provisions which permitted State banks converted into or consolidated with national banking associations after Feb. 25, 1927, or two or more national banking associations which are consolidated, to retain and operate only those branches which may have been in lawful operation on Feb. 25, 1927, and inserted provisions prohibiting the Comptroller from granting approval under clauses (1)(C) and (2)(C) if a State bank resulting from the conversion or consolidation would be prohibited by law of the State from retaining and operating as a branch an identically situated office which was a branch of the national bank or State bank immediately prior to the conversion or consolidation. 1952 - Subsec. (c). Act July 15, 1952, struck out the minimum capital requirement for the establishment of branches by national banks. 1935 - Subsec. (c). Act Aug. 23, 1935, inserted second sentence and substituted 'Except as provided in the immediately preceding sentence, no' for 'No' in last sentence. 1933 - Subsecs. (c), (d). Act June 16, 1963, amended subsecs. (c) and (d). 1927 - Act Feb. 25, 1927, amended section generally. -TRANS- EXCEPTION AS TO TRANSFER OF FUNCTIONS Functions vested by any provision of law in Comptroller of the Currency, referred to in this section, not included in transfer of functions to Secretary of the Treasury, see note set out under section 1 of this title. -MISC5- APPLICABILITY OF MCFADDEN ACT TO PRESENT FINANCIAL ENVIRONMENT; REPORT AND RECOMMENDATIONS BY PRESIDENT TO CONGRESS Pub. L. 95-369, Sec. 14, Sept. 17, 1978, 92 Stat. 625, provided for a report to Congress by the President, not later than one year after Sept. 17, 1978, containing recommendations concerning the applicability of the McFadden Act (Feb. 25, 1927, ch. 191, 44 Stat. 1224) to the then current financial, banking, and economic environment. -CROSS- CROSS REFERENCES Conversion of national banks into State banks, see sections 214 to 214c of this title. Place of business, see section 81 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 81, 93a of this title. ------DocID 16834 Document 6 of 1444------ -CITE- 12 USC CHAPTER 36 -EXPCITE- TITLE 12 CHAPTER 36 -HEAD- CHAPTER 36 - DEPOSITORY INSTITUTIONS DEREGULATION AND FINANCIAL REGULATION SIMPLIFICATION -MISC1- SUBCHAPTER I - DEPOSITORY INSTITUTIONS DEREGULATION Sec. 3501. Congressional findings and declaration of purpose. 3502. Depository Institutions Deregulation Committee. (a) Transfer of statutory authorities. (b) Membership; meetings; voting. (c) Delegation of authorities prohibited. 3503. Phase-out and elimination of limitations, and gradual increases of maximum rates of interest and dividends paid on deposits and accounts. (a) Exercise of authorities; methods employed. (b) Maximum amounts of increases. (c) Money market deposit accounts; authorization; competitiveness with money market mutual funds; limitations on maximum rate of interest barred; transaction account reserves requirement inapplicable. 3504. Voting requirements respecting targets for limitations on maximum rates of interest and dividends paid on deposits and accounts and phase-out of interest rate controls; adjustment of limitations. 3505. Reporting requirements for individual members of Deregulation Committee; contents. 3506. Repeal of other statutory authorities. 3507. Procedures applicable for enforcement of regulations; violations of regulations. 3508. Transitional application of rules and regulations issued pursuant to statutory authorities transferred. 3509. Termination of statutory authorities transferred and Deregulation Committee. SUBCHAPTER II - REGULATORY SIMPLIFICATION 3521 to 3524. Repealed ------DocID 17478 Document 7 of 1444------ -CITE- 15 USC Sec. 36 -EXPCITE- TITLE 15 CHAPTER 1 -HEAD- Sec. 36. Recovery of damages, etc., for antitrust violations on claim against person based on official action directed by local government, or official or employee thereof acting in an official capacity -STATUTE- (a) Prohibition in general No damages, interest on damages, costs or attorney's fees may be recovered under section 4, 4A, or 4C of the Clayton Act (15 U.S.C. 15, 15a, or 15c) in any claim against a person based on any official action directed by a local government, or official or employee thereof acting in an official capacity. (b) Nonapplication of prohibition for cases commenced before effective date of provisions Subsection (a) of this section shall not apply with respect to cases commenced before the effective date of this Act. -SOURCE- (Pub. L. 98-544, Sec. 4, Oct. 24, 1984, 98 Stat. 2750.) -REFTEXT- REFERENCES IN TEXT For effective date of this Act, referred to in subsec. (b), see Effective Date note below. -MISC2- EFFECTIVE DATE Section effective thirty days before Oct. 24, 1984, see section 6 of Pub. L. 98-544, set out as a note under section 34 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 34 of this title. ------DocID 17778 Document 8 of 1444------ -CITE- 15 USC Sec. 80a-36 -EXPCITE- TITLE 15 CHAPTER 2D SUBCHAPTER I -HEAD- Sec. 80a-36. Larceny and embezzlement -STATUTE- Whoever steals, unlawfully abstracts, unlawfully and willfully converts to his own use or to the use of another, or embezzles any of the moneys, funds, securities, credits, property, or assets of any registered investment company shall be deemed guilty of a crime, and upon conviction thereof shall be subject to the penalties provided in section 80a-48 of this title. A judgment of conviction or acquittal on the merits under the laws of any State shall be a bar to any prosecution under this section for the same act or acts. -SOURCE- (Aug. 22, 1940, ch. 686, title I, Sec. 37, 54 Stat. 841.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 80a-6, 80a-58 of this title. ------DocID 18504 Document 9 of 1444------ -CITE- 15 USC CHAPTER 36 -EXPCITE- TITLE 15 CHAPTER 36 -HEAD- CHAPTER 36 - CIGARETTE LABELING AND ADVERTISING -MISC1- Sec. 1331. Congressional declaration of policy and purpose. 1332. Definitions. 1333. Labeling; requirements; conspicuous statement. (a) Required warnings; packages; advertisements; billboards. (b) Conspicuous statement; label statement format; outdoor billboard statement format. (c) Rotation of label statement; plan; submission to Federal Trade Commission. (d) Application; distributors; retailers. 1334. Preemption. (a) Additional statements. (b) State regulations. 1335. Unlawful advertisements on medium of electronic communication. 1335a. List of cigarette ingredients; annual submission to Secretary; transmittal to Congress; confidentiality. 1336. Authority of Federal Trade Commission; unfair or deceptive acts or practices. 1337. Reports to Congress by the Secretary and Federal Trade Commission. 1338. Criminal penalty. 1339. Injunction proceedings. 1340. Cigarettes for export. 1341. Smoking, research, education and information. (a) Establishment of program; Secretary; functions. (b) Interagency Committee on Smoking and Health; composition; chairman; compensation; staffing and other assistance. (c) Report to Congress; contents. ------DocID 19661 Document 10 of 1444------ -CITE- 16 USC Sec. 36 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER V -HEAD- Sec. 36. Disposition of surplus elk, buffalo, bear, beaver, and predatory animals -STATUTE- The Secretary of the Interior is authorized, in his discretion and under regulations to be prescribed by him, to give surplus elk, buffalo, bear, beaver, and predatory animals inhabiting Yellowstone National Park to Federal, State, county, and municipal authorities for preserves, zoos, zoological gardens, and parks. He may sell or otherwise dispose of the surplus buffalo of the Yellowstone National Park herd, and all moneys received from the sale of any such surplus buffalo shall be deposited in the Treasury of the United States as miscellaneous receipts. -SOURCE- (Jan. 24, 1923, ch. 42, 42 Stat. 1214.) -CROSS- CROSS REFERENCES Conservation of elk in Wyoming, National Elk Refuge in Wyoming, and Wyoming Elk Reserve, see sections 673 to 673c of this title. ------DocID 20439 Document 11 of 1444------ -CITE- 16 USC Sec. 410cc-36 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LIX-A Part C -HEAD- Sec. 410cc-36. Staff of Commission -STATUTE- (a) Appointment and compensation of Director The Commission shall have a Director who shall be appointed by the Commission and who shall be paid at a rate not to exceed the rate of pay payable for grade GS-15 of the General Schedule. (b) Appointment and compensation of additional personnel The Commission may appoint and fix the pay of such additional personnel as the Commission deems desirable. (c) Applicability of civil service provisions to appointment and compensation of Director and staff The Director and staff of the Commission may be appointed without regard to the provisions of title 5 governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51, and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no individual so appointed may receive pay in excess of the annual rate of basic pay payable for grade GS-15 of the General Schedule. (d) Temporary or intermittent services; procurement and compensation Subject to such rules as may be adopted by the Commission, the Commission may procure temporary and intermittent services to the same extent as is authorized by section 3109(b) of title 5, but at rates determined by the Commission to be reasonable. (e) Detail of personnel from other Federal agencies represented by members on Commission; reimbursement by Commission; administrative support services by Administrator of General Services Administration; reimbursement by Commission (1) Upon request of the Commission, the head of any Federal agency represented by members on the Commission may detail, on a reimbursable basis, any of the personnel of such agency to the Commission to assist it in carrying out its duties under this subchapter. (2) The Administrator of the General Services Administration shall provide to the Commission on a reimbursable basis such administrative support services as the Commission may request. -SOURCE- (Pub. L. 95-290, title III, Sec. 306, June 5, 1978, 92 Stat. 303.) -REFTEXT- REFERENCES IN TEXT GS-15 of the General Schedule, referred to in subsecs. (a) and (c), is set out under section 5332 of Title 5, Government Organization and Employees. The provisions of title 5 governing appointments in the competitive service, referred to in subsec. (c), are classified generally to section 3301 et seq. of Title 5. ------DocID 23041 Document 12 of 1444------ -CITE- 16 USC CHAPTER 36 -EXPCITE- TITLE 16 CHAPTER 36 -HEAD- CHAPTER 36 - FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING -MISC1- SUBCHAPTER I - PLANNING Sec. 1600. Congressional findings. 1601. Renewable Resource Assessment. (a) Preparation by Secretary of Agriculture; time of preparation, updating and contents. (b) Contents of Assessments. (c) Public involvement; consultation with governmental departments and agencies. (d) Congressional policy of multiple use sustained yield management; examination and certification of lands; estimate of appropriations necessary for reforestation and other treatment; budget requirements; authorization of appropriations. (e) Report on herbicides and pesticides. 1602. Renewable Resource Program; preparation by Secretary of Agriculture and transmittal to President; purpose and development of program; time of preparation, updating and contents. 1603. National Forest System resource inventories; development, maintenance, and updating by Secretary of Agriculture as part of Assessment. 1604. National Forest System land and resource management plans. (a) Development, maintenance, and revision by Secretary of Agriculture as part of program; coordination. (b) Criteria. (c) Incorporation of standards and guidelines by Secretary; time of completion; progress reports; existing management plans. (d) Public participation in management plans; availability of plans; public meetings. (e) Required assurances. (f) Required provisions. (g) Promulgation of regulations for development and revision of plans; environmental considerations; resource management guidelines; guidelines for land management plans. (h) Scientific committee to aid in promulgation of regulations; termination; revision committees; clerical and technical assistance; compensation of committee members. (i) Consistency of resource plans, permits, contracts, and other instruments with land management plans; revision. (j) Effective date of land management plans and revisions. (k) Development of land management plans. (l) Program evaluation; process for estimating long-term costs and benefits; summary of data included in annual report. (m) Establishment of standards to ensure culmination of mean annual increment of growth; silvicultural practices; salvage harvesting; exceptions. 1605. Protection, use and management of renewable resources on non-Federal lands; utilization of Assessment, surveys and Program by Secretary of Agriculture to assist States, etc. 1606. Budget requests by President for Forest Service activities. (a) Transmittal to Speaker of House and President of Senate of Assessment, Program and Statement of Policy used in framing requests; time for transmittal; implementation by President of programs established under Statement of Policy unless Statement subsequently disapproved by Congress; time for disapproval. (b) Contents of requests to show extent of compliance of projected programs and policies with policies approved by Congress; requests not conforming to approved policies; expenditure of appropriations. (c) Annual evaluation report to Congress of Program components; time of submission; status of major research programs; application of findings; status, etc., of cooperative forestry assistance programs and activities. (d) Required contents of annual evaluation report. (e) Additional required contents of annual evaluation report. (f) Form of annual evaluation report. 1606a. Reforestation Trust Fund. (a) Establishment; source of funds. (b) Transfer of certain tariff receipts to Trust Fund; fiscal year limitation; quarterly transfers; adjustment of estimates. (c) Report to Congress; printing as House and Senate document; investments; sale and redemption of obligations; credits for Trust Fund. (d) Obligations from Trust Fund. 1607. National Forest System renewable resources; development and administration by Secretary of Agriculture in accordance with multiple use and sustained yield concepts for products and services; target year for operational posture of resources; budget requests. 1608. National Forest Transportation System. (a) Congressional declaration of policy; time for development; method of financing; financing of forest development roads. (b) Construction of temporary roadways in connection with timber contracts, and other permits or leases. (c) Standards of roadway construction. 1609. National Forest System. (a) Congressional declaration of constituent elements and purposes; lands etc., included within; return of lands to public domain. (b) Location of Forest Service offices. 1610. Implementation of provisions by Secretary of Agriculture; utilization of information and data of other organizations; avoidance of duplication of planning, etc.; 'renewable resources' defined. 1611. Timber. (a) Limitations on removal; variations in allowable sale quantity; public participation. (b) Salvage harvesting. 1612. Public participation. (a) Adequate notice and opportunity to comment. (b) Advisory boards. 1613. Promulgation of regulations. 1614. Severability. SUBCHAPTER II - RESEARCH 1641. Findings and purpose. (a) Findings. (b) Relationship to other law. (c) Purpose. 1642. Investigations, experiments, tests, and other activities. (a) Authorization; scope and purposes of activities. (b) Development of periodic Renewable Resource Assessment through survey and analysis of conditions; implementation; authorization of appropriations. (c) Program of research and study relative to health and productivity of domestic forest ecosystems; advisory committee; reports. (d) Studies relative to problems associated with urban forests; effects of Federal revenue codes on private forests; development of improved delivery systems for information and technical assistance provided to private landowners. 1643. Implementation of provisions. (a) Establishment and maintenance of research facilities; acquisition, expenditures, etc., for property. (b) Acceptance, holding, and administration of gifts, donations, and bequests; use and investment of gifts, proceeds, etc.; funding requirements. (c) Cooperation with international, Federal, State, and other governmental agencies, public and private agencies, etc.; funding requirements for contributions from cooperators. 1644. Competitive grants; scope and purposes; prerequisites. 1645. General provisions. (a) Availability of funds to cooperators and grantees. (b) Coordination of cooperative aid and grants with other aid and grant authorities. (c) Dissemination of knowledge and technology developed from research activities; cooperation with specified entities. (d) Additional implementative authorities. (e) Construction of statutory provisions. (f) Definitions. 1646. Authorization of appropriations. 1647. Other Federal programs. (a) Repeal of statutory authorities relating to investigation, experiments, and tests in reforestation and forest products. (b) Force and effect of cooperative and other agreements under repealed statutory authorities relating to investigation, etc., in reforestation and forest products. (c) Issuance of rules and regulations for implementation of provisions and coordination with agricultural research, extension, and teaching provisions. (d) Availability of funds appropriated under repealed statutory authorities relating to investigation, etc., in reforestation and forest products. 1648. Recycling research. (a) Findings. (b) Recycling research program. (c) Authorization of appropriations. 1649. Forestry Student Grant Program. (a) Establishment. (b) Student grants. (c) Eligibility. (d) Authorization of appropriations. SUBCHAPTER III - EXTENSION PROGRAMS 1671. Congressional statement of findings. 1672. General program authorization. (a) Types of programs; preconditions and cooperation with State program directors, etc. (b) 'Eligible colleges and universities' defined. (c) Use of appropriate educational methods required; scope of methods. 1673. State programs. (a) Development by State program director, etc., of comprehensive and coordinated program by mutual agreement; consultations; review procedure. (b) Encouragement by State director, etc., of cooperation between county and State extension staffs and appropriate Federal and State agencies and organizations. (c) Administration and coordination of program by State director; exception. (d) Appointment and use of advisory committees by State director, etc.; composition of advisory committees. (e) 'State' defined. 1674. Renewable Resources Extension Program plan. (a) Preparation and submission to Congress; purposes; contents. (b) Considerations governing preparation. (c) Annual report to Congress. (d) Review of activities and evaluation of progress. 1674a. Expanded programs. (a) In general. (b) Activities. 1675. Authorization of appropriations; criteria for eligibility of States for funds. 1676. Issuance of rules and regulations for implementation of provisions and coordination with agricultural, research, extension, and teaching provisions. SUBCHAPTER IV - WOOD RESIDUE UTILIZATION 1681. Congressional statement of purpose. 1682. Pilot projects and demonstrations. (a) Establishment, implementation. (b) Scope; residue removal credits. 1683. Pilot projects; requirements; residue removal credits as compensation; implementation guidelines. 1684. Annual reports. 1685. Regulations. 1686. Definitions. 1687. Authorization of appropriations. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 472a of this title. ------DocID 25124 Document 13 of 1444------ -CITE- 18 USC Rule 36 -EXPCITE- TITLE 18 RULES OF CRIMINAL PROCEDURE FOR THE UNITED STATES DISTRICT COURTS VII -HEAD- Rule 36. Clerical Mistakes -STATUTE- Clerical mistakes in judgments, orders or other parts of the record and errors in the record arising from oversight or omission may be corrected by the court at any time and after such notice, if any, as the court orders. -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES This rule continues existing law. Rupinski v. United States, 4 F.2d 17 (C.C.A. 6th). The rule is similar to Rule 60(a) of the Federal Rules of Civil Procedure (28 U.S.C., Appendix). -CROSS- FEDERAL RULES OF CIVIL PROCEDURE Correction of clerical mistakes, see rule 60, Title 28. Appendix, Judiciary and Judicial Procedure. CROSS REFERENCES Remedies on motion attacking sentence while in Federal custody, see section 2255 of Title 28, Judiciary and Judicial Procedure. ------DocID 25173 Document 14 of 1444------ -CITE- 19 USC Sec. 36, 37 -EXPCITE- TITLE 19 CHAPTER 1 -HEAD- Sec. 36, 37. Repealed. Pub. L. 91-271, title III, Sec. 321(h), (i), June 2, 1970, 84 Stat. 293 -MISC1- Section 36, acts Feb. 6, 1907, ch. 471, 34 Stat. 880; Mar. 4, 1923, ch. 251, Sec. 2, 42 Stat. 1453; Jan. 13, 1925, ch. 76, 43 Stat. 748, enumerated duties of deputy collectors. Section 37, R.S. Sec. 2633, authorized Secretary of the Treasury to clothe any deputy director at a port other than district headquarters with all powers of his principal appertaining to official acts. EFFECTIVE DATE OF REPEAL Repeal effective with respect to articles entered, or withdrawn from warehouse for consumption, on or after Oct. 1, 1970, and such other articles entered or withdrawn from warehouse for consumption prior to such date, or with respect to which a protest has not been disallowed in whole or in part before Oct. 1, 1970, see section 203 of Pub. L. 91-271, set out as an Effective Date of 1970 Amendment note under section 1500 of this title. ------DocID 26717 Document 15 of 1444------ -CITE- 20 USC Sec. 1070d-36 -EXPCITE- TITLE 20 CHAPTER 28 SUBCHAPTER IV Part A subpart 6 -HEAD- Sec. 1070d-36. Eligibility of scholars -STATUTE- (a) High school graduation or equivalent and admission to institution required Each student awarded a scholarship under this subpart shall be a graduate of a public or private secondary school or have the equivalent of a certificate of graduation as recognized by the State in which the student resides and must have been admitted for enrollment at an institution of higher education. (b) Selection based on promise of academic achievement Each student awarded a scholarship under this subpart must demonstrate outstanding academic achievement and show promise of continued academic achievement. -SOURCE- (Pub. L. 89-329, title IV, Sec. 419F, as added Pub. L. 99-498, title IV, Sec. 401(a), Oct. 17, 1986, 100 Stat. 1344.) -MISC1- PRIOR PROVISIONS A prior section 1070d-36, Pub. L. 89-329, title IV, Sec. 419F, as added Pub. L. 98-558, title VIII, Sec. 801(a), Oct. 30, 1984, 98 Stat. 2901, related to eligibility of students for scholarships under Robert C. Byrd Honors Scholarship Program, prior to the general revision of this part by Pub. L. 99-498. ------DocID 27220 Document 16 of 1444------ -CITE- 20 USC CHAPTER 36 -EXPCITE- TITLE 20 CHAPTER 36 -HEAD- CHAPTER 36 - EMERGENCY SCHOOL AID ------DocID 29032 Document 17 of 1444------ -CITE- 22 USC Sec. 277d-36 -EXPCITE- TITLE 22 CHAPTER 7 SUBCHAPTER IV -HEAD- Sec. 277d-36. Sale of excess land -STATUTE- Notwithstanding any other provision of law, the Commissioner is authorized to dispose of by warranty deed, or otherwise, any land acquired by him on behalf of the United States, or obtained by the United States pursuant to treaty between the United States and Mexico, and not required for project purposes, under procedures to be formulated by the Commissioner, to adjoining landowners at such price as he considers fair and equitable, and, if not so disposed of, to turn such land over to the General Services Administration for disposal under the provisions of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.). -SOURCE- (Pub. L. 92-549, title I, Sec. 103, Oct. 25, 1972, 86 Stat. 1162.) -REFTEXT- REFERENCES IN TEXT The Federal Property and Administrative Services Act of 1949, as amended, referred to in text, is act June 30, 1949, ch. 288, 63 Stat. 377, as amended. Provisions of that Act relating to disposal of Government property are classified to chapter 10 (Sec. 471 et seq.) of Title 40, Public Buildings, Property, and Works. For complete classification of this Act to the Code, see Short Title note set out under section 471 of Title 40 and Tables. ------DocID 30466 Document 18 of 1444------ -CITE- 22 USC CHAPTER 36 -EXPCITE- TITLE 22 CHAPTER 36 -HEAD- CHAPTER 36 - MIGRATION AND REFUGEE ASSISTANCE -MISC1- Sec. 2601. Refugees and migration. (a) United States membership in Intergovernmental Committee for European Migration; contributions to Committee. (b) Appropriations for assistance to refugees. (c) United States Emergency Refugee and Migration Assistance Fund; appropriations. (d) Information to Congressional committees. (e) Continued availability of certain funds. (f) Restrictions on foreign assistance not applicable to migration and refugee assistance. 2602. Presidential authorization. (a) Authority of President to make loans, advances, grants, contracts, etc.; authority to use money, funds, property, services, etc. (b) Performance of functions without regard to specified provisions of law. 2603. Delegation of powers. 2604. Allocation, transfer and availability of funds; separate appropriation accounts on Treasury books. 2605. Availability of funds for administrative and operating purposes and various expenses; continued effectiveness of actions undertaken under repealed provisions of law. 2606. Audits of U.S. funds received by the United Nations High Commissioner for Refugees. (a) Program audits. (b) Inspection and report by Comptroller General. (c) First program audit. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 2275, 2318 of this title. ------DocID 31513 Document 19 of 1444------ -CITE- 24 USC Sec. 36 -EXPCITE- TITLE 24 CHAPTER 1 -HEAD- Sec. 36. Repealed. June 7, 1956, ch. 374, Sec. 306(2), 70 Stat. 254 -MISC1- Section, act May 10, 1943, ch. 95, Sec. 6, 57 Stat. 41, made sections 32 to 36 of this title applicable to dependents of personnel of the Coast Guard. EFFECTIVE DATE OF REPEAL Repeal effective six months after June 7, 1956, see section 307 of act June 7, 1956. ------DocID 31707 Document 20 of 1444------ -CITE- 25 USC Sec. 36 -EXPCITE- TITLE 25 CHAPTER 2 -HEAD- Sec. 36. Special agents and other officers to administer oaths -STATUTE- Each special agent, supervisor of schools, or other official charged with the investigation of Indian agencies and schools, in the pursuit of his official duties shall have power to administer oaths and to examine on oath all officers and persons employed in the Indian Service, and all such other persons as may be deemed necessary and proper. -SOURCE- (Mar. 1, 1899, ch. 324, Sec. 1, 30 Stat. 927.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -MISC5- INDIAN AGENTS The services of Indian agents have been dispensed with. See note set out under section 64 of this title. ------DocID 33549 Document 21 of 1444------ -CITE- 26 USC Sec. 36 -EXPCITE- TITLE 26 Subtitle A CHAPTER 1 Subchapter A PART IV Subpart C -HEAD- (Sec. 36. Repealed. Pub. L. 95-30, title I, Sec. 101(d)(3), May 23, 1977, 91 Stat. 133) -MISC1- Section, acts Aug. 16, 1954, ch. 736, 68A Stat. 15; Oct. 4, 1976, Pub. L. 94-455, title V, Sec. 501(b)(2), title X, Sec. 1011(c), title XIX, Sec. 1901(b)(1)(A), 90 Stat. 1558, 1611, 1790, directed that credits provided by section 32 not be allowed if an individual elects under section 144 to take standard deduction. EFFECTIVE DATE OF REPEAL Repeal applicable to taxable years beginning after Dec. 31, 1976, see section 106(a) of Pub. L. 95-30, set out as an Effective Date of 1977 Amendment note under section 1 of this title. ------DocID 34809 Document 22 of 1444------ -CITE- 26 USC CHAPTER 36 -EXPCITE- TITLE 26 Subtitle D CHAPTER 36 -HEAD- CHAPTER 36 - CERTAIN OTHER EXCISE TAXES -MISC1- Subchapter Sec. (FOOTNOTE 1) A. Harbor maintenance tax 4461 (FOOTNOTE 1) Section numbers editorially supplied. B. Transportation by water 4471 B. Occupational tax on coin-operated devices (FOOTNOTE 2) 4461 (FOOTNOTE 2) Subchapter repealed by Pub. L. 95-600 without corresponding amendment of chapter analysis. (C. Repealed.) D. Tax on use of certain vehicles 4481 (E. Repealed.) F. Tax on removal of hard mineral resources from deep seabed 4495 AMENDMENTS 1989 - Pub. L. 101-239, title VII, Sec. 7504(b), Dec. 19, 1989, 103 Stat. 2363, added item for subchapter B 'Transportation by water'. 1986 - Pub. L. 99-662, title XIV, Sec. 1402(b), Nov. 17, 1986, 100 Stat. 4269, added item for subchapter A. 1982 - Pub. L. 97-248, title II, Sec. 280(c)(2)(A), Sept. 3, 1982, 96 Stat. 564, struck out item for subchapter E. 1980 - Pub. L. 96-283, title IV, Sec. 402(b), June 28, 1980, 94 Stat. 584, added item for subchapter F. 1970 - Pub. L. 91-258, title II, Sec. 206(d)(1), May 21, 1970, 84 Stat. 246, added item for subchapter E. 1965 - Pub. L. 89-44, title IV, Sec. 402, 404, June 21, 1965, 79 Stat. 148, 149, struck out items for subchapters A and C. 1956 - Act June 29, 1956, ch. 462, title II, Sec. 206(c), 70 Stat. 391, added item for subchapter D. ------DocID 35924 Document 23 of 1444------ -CITE- 26 USC APPENDIX - RULES OF TAX COURT Rule 36 -EXPCITE- TITLE 26 APPENDIX TITLE IV -HEAD- Rule 36. Answer -STATUTE- (a) Time to Answer or Move: The Commissioner shall have 60 days from the date of service of the petition within which to file an answer, or 45 days from that date within which to move with respect to the petition. With respect to an amended petition or amendments to the petition, the Commissioner shall have like periods from the date of service of those papers within which to answer or move in response thereto, except as the Court may otherwise direct. (b) Form and Content: The answer shall be drawn so that it will advise the petitioner and the Court fully of the nature of the defense. It shall contain a specific admission or denial of each material allegation in the petition; however, if the Commissioner shall be without knowledge or information sufficient to form a belief as to the truth of an allegation, then the Commissioner shall so state, and such statement shall have the effect of a denial. If the Commissioner intends to qualify or to deny only a part of an allegation, then the Commissioner shall specify so much of it as is true and shall qualify or deny only the remainder. In addition, the answer shall contain a clear and concise statement of every ground, together with the facts in support thereof on which the Commissioner relies and has the burden of proof. Paragraphs of the answer shall be designated to correspond to those of the petition to which they relate. (c) Effect of Answer: Every material allegation set out in the petition and not expressly admitted or denied in the answer shall be deemed to be admitted. (d) Declaratory Judgment, Disclosure, and Administrative Costs Actions: For the requirements applicable to the answer in declaratory judgment actions, in disclosure actions, and in administrative costs actions, see Rules 213(a), 223(a), and 272(a), respectively. ------DocID 37018 Document 24 of 1444------ -CITE- 28 USC APPENDIX - RULES OF APPELLATE PROCEDURE Rule 36 -EXPCITE- TITLE 28 APPENDIX FEDERAL RULES OF APPELLATE PROCEDURE TITLE VII -HEAD- Rule 36. Entry of judgment -STATUTE- The notation of a judgment in the docket constitutes entry of the judgment. The clerk shall prepare, sign and enter the judgment following receipt of the opinion of the court unless the opinion directs settlement of the form of the judgment, in which event the clerk shall prepare, sign and enter the judgment following final settlement by the court. If a judgment is rendered without an opinion, the clerk shall prepare, sign and enter the judgment following instruction from the court. The clerk shall, on the date judgment is entered, mail to all parties a copy of the opinion, if any, or of the judgment if no opinion was written, and notice of the date of entry of the judgment. -MISC1- NOTES OF ADVISORY COMMITTEE ON APPELLATE RULES This is the typical rule. See 1st Cir. Rule 29; 3rd Cir. Rule 32; 6th Cir. Rule 21. At present, uncertainty exists as to the date of entry of judgment when the opinion directs subsequent settlement of the precise terms of the judgment, a common practice in cases involving enforcement of agency orders. See Stern and Gressman, Supreme Court Practice, p. 203 (3d Ed., 1962). The principle of finality suggests that in such cases entry of judgment should be delayed until approval of the judgment in final form. -CROSS- CROSS REFERENCES Certified copy of judgment, copy of opinion, and direction as to costs as constituting mandate, see rule 41. ------DocID 37080 Document 25 of 1444------ -CITE- 28 USC APPENDIX - RULES OF CIVIL PROCEDURE Rule 36 -EXPCITE- TITLE 28 APPENDIX FEDERAL RULES OF CIVIL PROCEDURE V -HEAD- Rule 36. Requests for Admission -STATUTE- (a) Request for Admission. A party may serve upon any other party a written request for the admission, for purposes of the pending action only, of the truth of any matters within the scope of Rule 26(b) set forth in the request that relate to statements or opinions of fact or of the application of law to fact including the genuineness of any documents described in the request. Copies of documents shall be served with the request unless they have been or are otherwise furnished or made available for inspection and copying. The request may, without leave of court, be served upon the plaintiff after commencement of the action and upon any other party with or after service of the summons and complaint upon that party. Each matter of which an admission is requested shall be separately set forth. The matter is admitted unless, within 30 days after service of the request, or within such shorter or longer time as the court may allow, the party to whom the request is directed serves upon the party requesting the admission a written answer or objection addressed to the matter, signed by the party or by the party's attorney, but, unless the court shortens the time, a defendant shall not be required to serve answers or objections before the expiration of 45 days after service of the summons and complaint upon that defendant. If objection is made, the reasons therefor shall be stated. The answer shall specifically deny the matter or set forth in detail the reasons why the answering party cannot truthfully admit or deny the matter. A denial shall fairly meet the substance of the requested admission, and when good faith requires that a party qualify an answer or deny only a part of the matter of which an admission is requested, the party shall specify so much of it as is true and qualify or deny the remainder. An answering party may not give lack of information or knowledge as a reason for failure to admit or deny unless the party states that the party has made reasonable inquiry and that the information known or readily obtainable by the party is insufficient to enable the party to admit or deny. A party who considers that a matter of which an admission has been requested presents a genuine issue for trial may not, on that ground alone, object to the request; the party may, subject to the provisions of Rule 37(c), deny the matter or set forth reasons why the party cannot admit or deny it. The party who has requested the admissions may move to determine the sufficiency of the answers or objections. Unless the court determines that an objection is justified, it shall order that an answer be served. If the court determines that an answer does not comply with the requirements of this rule, it may order either that the matter is admitted or that an amended answer be served. The court may, in lieu of these orders, determine that final disposition of the request be made at a pre-trial conference or at a designated time prior to trial. The provisions of Rule 37(a)(4) apply to the award of expenses incurred in relation to the motion. (b) Effect of Admission. Any matter admitted under this rule is conclusively established unless the court on motion permits withdrawal or amendment of the admission. Subject to the provision of Rule 16 governing amendment of a pre-trial order, the court may permit withdrawal or amendment when the presentation of the merits of the action will be subserved thereby and the party who obtained the admission fails to satisfy the court that withdrawal or amendment will prejudice that party in maintaining the action or defense on the merits. Any admission made by a party under this rule is for the purpose of the pending action only and is not an admission for any other purpose nor may it be used against the party in any other proceeding. -SOURCE- (As amended Dec. 27, 1946, eff. Mar. 19, 1948; Mar. 30, 1970, eff. July 1, 1970; Mar. 2, 1987, eff. Aug. 1, 1987.) -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES Compare similar rules: (Former) Equity Rule 58 (last paragraph, which provides for the admission of the execution and genuineness of documents); English Rules Under the Judicature Act (The Annual Practice, 1937) O. 32; Ill.Rev.Stat. (1937) ch. 110, Sec. 182 and Rule 18 (Ill.Rev.Stat. (1937) ch. 110, Sec. 259.18); 2 Mass.Gen.Laws (Ter.Ed., 1932) ch. 231, Sec. 69; Mich.Court Rules Ann. (Searl, 1933) Rule 42; N.J.Comp.Stat. (2 Cum.Supp. 1911-1924) N.Y.C.P.A. (1937) Sec. 322, 323; Wis.Stat. (1935) Sec. 327.22. NOTES OF ADVISORY COMMITTEE ON RULES - 1946 AMENDMENT Note. The first change in the first sentence of Rule 36(a) and the addition of the new second sentence, specifying when requests for admissions may be served, bring Rule 36 in line with amended Rules 26(a) and 33. There is no reason why these rules should not be treated alike. Other provisions of Rule 36(a) give the party whose admissions are requested adequate protection. The second change in the first sentence of the rule (subdivision (a)) removes any uncertainty as to whether a party can be called upon to admit matters of fact other than those set forth in relevant documents described in and exhibited with the request. In Smyth v. Kaufman, C.C.A.2d, 1940, 114 F.2d 40, it was held that the word 'therein', now stricken from the rule (said subdivision) referred to the request and that a matter of fact not related to any document could be presented to the other party for admission or denial. The rule of this case is now clearly stated. The substitution of the word 'served' for 'delivered' in the third sentence of the amended rule (said subdivision) is in conformance with the use of the word 'serve' elsewhere in the rule and generally throughout the rules. See also Notes to Rules 13(a) and 33 herein. The substitution (in said subdivision) of 'shorter or longer' for 'further' will enable a court to designate a lesser period than 10 days for answer. This conforms with a similar provision already contained in Rule 33. The addition of clause (1) (in said subdivision) specifies the method by which a party may challenge the propriety of a request to admit. There has been considerable difference of judicial opinion as to the correct method, if any, available to secure relief from an allegedly improper request. See Commentary, Methods of Objecting to Notice to Admit, 1942, 5 Fed.Rules Serv. 835; International Carbonic Engineering Co. v. Natural Carbonic Products, Inc., S.D.Cal. 1944, 57 F.Supp. 248. The changes in clause (1) are merely of a clarifying and conforming nature. The first of the added last two sentences (in said subdivision) prevents an objection to a part of a request from holding up the answer, if any, to the remainder. See similar proposed change in Rule 33. The last sentence strengthens the rule by making the denial accurately reflect the party's position. It is taken, with necessary changes, from Rule 8(b). NOTES OF ADVISORY COMMITTEE ON RULES - 1970 AMENDMENT Rule 36 serves two vital purposes, both of which are designed to reduce trial time. Admissions are sought, first to facilitate proof with respect to issues that cannot be eliminated from the case, and secondly, to narrow the issues by eliminating those that can be. The changes made in the rule are designed to serve these purposes more effectively. Certain disagreements in the courts about the proper scope of the rule are resolved. In addition, the procedural operation of the rule is brought into line with other discovery procedures, and the binding effect of an admission is clarified. See generally Finman, The Request for Admissions in Federal Civil Procedure, 71 Yale L.J. 371 (1962). Subdivision (a). As revised, the subdivision provides that a request may be made to admit any matter within the scope of Rule 26(b) that relate to statements or opinions of fact or of the application of law to fact. It thereby eliminates the requirement that the matters be 'of fact.' This change resolves conflicts in the court decisions as to whether a request to admit matters of 'opinion' and matters involving 'mixed law and fact' is proper under the rule. As to 'opinion,' compare, e.g., Jackson Bluff Corp. v. Marcelle, 20 F.R.D. 139 (E.D.N.Y. 1957); California v. The S.S. Jules Fribourg, 19 F.R.D. 432 (N.D.Calif. 1955), with e.g., Photon, Inc. v. Harris Intertype, Inc., 28 F.R.D. 327 (D.Mass. 1961); Hise v. Lockwood Grader Corp., 153 F.Supp 276 (D.Nebr. 1957). As to 'mixed law and fact' the majority of courts sustain objections, e.g., Minnesota Mining and Mfg. Co. v. Norton Co., 36 F.R.D. 1 (N.D.Ohio 1964), but McSparran v. Hanigan, 225 F.Supp. 628 (E.D.Pa. 1963) is to the contrary. Not only is it difficult as a practical matter to separate 'fact' from 'opinion,' see 4 Moore's Federal Practice 36.04 (2d ed. 1966); cf. 2A Barron & Holtzoff, Federal Practice and Procedure 317 (Wright ed. 1961), but an admission on a matter of opinion may facilitate proof or narrow the issues or both. An admission of a matter involving the application of law to fact may, in a given case, even more clearly narrow the issues. For example, an admission that an employee acted in the scope of his employment may remove a major issue from the trial. In McSparran v. Hanigan, supra, plaintiff admitted that 'the premises on which said accident occurred, were occupied or under the control' of one of the defendants, 225 F.Supp. at 636. This admission, involving law as well as fact, removed one of the issues from the lawsuit and thereby reduced the proof required at trial. The amended provision does not authorize requests for admissions of law unrelated to the facts of the case. Requests for admission involving the application of law to fact may create disputes between the parties which are best resolved in the presence of the judge after much or all of the other discovery has been completed. Power is therefore expressly conferred upon the court to defer decision until a pretrial conference is held or until a designated time prior to trial. On the other hand, the court should not automatically defer decision; in many instances, the importance of the admission lies in enabling the requesting party to avoid the burdensome accumulation of proof prior to the pretrial conference. Courts have also divided on whether an answering party may properly object to request for admission as to matters which that party regards as 'in dispute.' Compare, e.g., Syracuse Broadcasting Corp. v. Newhouse, 271 F.2d 910, 917 (2d Cir. 1959); Driver v. Gindy Mfg. Corp., 24 F.R.D. 473 (E.D.Pa. 1959); with e.g., McGonigle v. Baxter, 27 F.R.D. 504 (E.D.Pa. 1961); United States v. Ehbauer, 13 F.R.D. 462 (W.D.Mo. 1952). The proper response in such cases is an answer. The very purpose of the request is to ascertain whether the answering party is prepared to admit or regards the matter as presenting a genuine issue for trial. In his answer, the party may deny, or he may give his reason for inability to admit or deny the existence of a genuine issue. The party runs no risk of sanctions if the matter is genuinely in issue, since Rule 37(c) provides a sanction of costs only when there are no good reasons for a failure to admit. On the other hand, requests to admit may be so voluminous and so framed that the answering party finds the task of identifying what is in dispute and what is not unduly burdensome. If so, the responding party may obtain a protective order under Rule 26(c). Some of the decisions sustaining objections on 'disputability' grounds could have been justified by the burdensome character of the requests. See, e.g., Syracuse Broadcasting Corp. v. Newhouse, supra. Another sharp split of authority exists on the question whether a party may base his answer on lack of information or knowledge without seeking out additional information. One line of cases has held that a party may answer on the basis of such knowledge as he has at the time he answers. E.g., Jackson Buff Corp. v. Marcelle, 20 F.R.D. 139 (E.D.N.Y. 1957); Sladek v. General Motors Corp., 16 F.R.D. 104 (S.D.Iowa 1954). A larger group of cases, supported by commentators, has taken the view that if the responding party lacks knowledge, he must inform himself in reasonable fashion. E.g., Hise v. Lockwood Grader Corp., 153 F.Supp. 276 (D.Nebr. 1957); E. H. Tate Co. v. Jiffy Enterprises, Inc., 16 F.R.D. 571 (E.D.Pa. 1954); Finman, supra, 71 Yale L.J. 371, 404-409; 4 Moore's Federal Practice 36.04 (2d ed. 1966); 2A Barron & Holtzoff, Federal Practice and Procedure 509 (Wright ed. 1961). The rule as revised adopts the majority view, as in keeping with a basic principle of the discovery rules that a reasonable burden may be imposed on the parties when its discharge will facilitate preparation for trial and ease the trial process. It has been argued against this view that one side should not have the burden of 'proving' the other side's case. The revised rule requires only that the answering party make reasonable inquiry and secure such knowledge and information as are readily obtainable by him. In most instances, the investigation will be necessary either to his own case or to preparation for rebuttal. Even when it is not, the information may be close enough at hand to be 'readily obtainable.' Rule 36 requires only that the party state that he has taken these steps. The sanction for failure of a party to inform himself before he answers lies in the award of costs after trial, as provided in Rule 37(c). The requirement that the answer to a request for admission be sworn is deleted, in favor of a provision that the answer be signed by the party or by his attorney. The provisions of Rule 36 make it clear that admissions function very much as pleadings do. Thus, when a party admits in part and denies in part, his admission is for purposes of the pending action only and may not be used against him in any other proceeding. The broadening of the rule to encompass mixed questions of law and fact reinforces this feature. Rule 36 does not lack a sanction for false answers; Rule 37(c) furnishes an appropriate deterrent. The existing language describing the available grounds for objection to a request for admission is eliminated as neither necessary nor helpful. The statement that objection may be made to any request, which is 'improper' adds nothing to the provisions that the party serve an answer or objection addressed to each matter and that he state his reasons for any objection. None of the other discovery rules set forth grounds for objection, except so far as all are subject to the general provisions of Rule 26. Changes are made in the sequence of procedures in Rule 36 so that they conform to the new procedures in Rules 33 and 34. The major changes are as follows: (1) The normal time for response to a request for admissions is lengthened from 10 to 30 days, conforming more closely to prevailing practice. A defendant need not respond, however, in less than 45 days after service of the summons and complaint upon him. The court may lengthen or shorten the time when special situations require it. (2) The present requirement that the plaintiff wait 10 days to serve requests without leave of court is eliminated. The revised provision accords with those in Rules 33 and 34. (3) The requirement that the objecting party move automatically for a hearing on his objection is eliminated, and the burden is on the requesting party to move for an order. The change in the burden of going forward does not modify present law on burden of persuasion. The award of expenses incurred in relation to the motion is made subject to the comprehensive provisions of Rule 37(a)(4). (4) A problem peculiar to Rule 36 arises if the responding party serves answers that are not in conformity with the requirements of the rule - for example, a denial is not 'specific,' or the explanation of inability to admit or deny is not 'in detail.' Rule 36 now makes no provision for court scrutiny of such answers before trial, and it seems to contemplate that defective answers bring about admissions just as effectively as if no answer had been served. Some cases have so held. E.g., Southern Ry. Co. v. Crosby, 201 F.2d 878 (4th Cir. 1953); United States v. Laney, 96 F.Supp. 482 (E.D.S.C. 1951). Giving a defective answer the automatic effect of an admission may cause unfair surprise. A responding party who purported to deny or to be unable to admit or deny will for the first time at trial confront the contention that he has made a binding admission. Since it is not always easy to know whether a denial is 'specific' or an explanation is 'in detail,' neither party can know how the court will rule at trial and whether proof must be prepared. Some courts, therefore, have entertained motions to rule on defective answers. They have at times ordered that amended answers be served, when the defects were technical, and at other times have declared that the matter was admitted. E.g., Woods v. Stewart, 171 F.2d 544 (5th Cir. 1948); SEC v. Kaye, Real & Co., 122 F.Supp. 639 (S.D.N.Y. 1954); Seib's Hatcheries, Inc. v. Lindley, 13 F.R.D. 113 (W.D.Ark. 1952). The rule as revised conforms to the latter practice. Subdivision (b). The rule does not now indicate the extent to which a party is bound by his admission. Some courts view admissions as the equivalent of sworn testimony E.g., Ark.-Tenn Distributing Corp. v. Breidt, 209 F.2d 359 (3d Cir. 1954); United States v. Lemons, 125 F.Supp. 686 (W.D.Ark. 1954); 4 Moore's Federal Practice 36.08 (2d ed. 1966 Supp.). At least in some jurisdictions a party may rebut his own testimony, e.g., Alamo v. Del Rosario, 98 F.2d 328 (D.C.Cir. 1938), and by analogy an admission made pursuant to Rule 36 may likewise be thought rebuttable. The courts in Ark-Tenn and Lemons, supra, reasoned in this way, although the results reached may be supported on different grounds. In McSparran v. Hanigan, 225 F.Supp. 628, 636-637 (E.D.Pa. 1963), the court held that an admission is conclusively binding, though noting the confusion created by prior decisions. The new provisions give an admission a conclusively binding effect, for purposes only of the pending action, unless the admission is withdrawn or amended. In form and substance a Rule 36 admission is comparable to an admission in pleadings or a stipulation drafted by counsel for use at trial, rather than to an evidentiary admission of a party. Louisell, Modern California Discovery Sec. 8.07 (1963); 2A Barron & Holtzoff, Federal Practice and Procedure Sec. 838 (Wright ed. 1961). Unless the party securing an admission can depend on its binding effect, he cannot safely avoid the expense of preparing to prove the very matters on which he has secured the admission, and the purpose of the rule is defeated. Field & McKusick, Maine Civil Practice Sec. 36.4 (1959); Finman, supra, 71 Yale L.J. 371, 418-426; Comment, 56 Nw.U.L.Rev. 679, 682-683 (1961). Provision is made for withdrawal or amendment of an admission. This provision emphasizes the importance of having the action resolved on the merits, while at the same time assuring each party that justified reliance on an admission in preparation for trial will not operate to his prejudice. Cf. Moosman v. Joseph P. Blitz, Inc., 358 F.2d 686 (2d Cir. 1966). NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT The amendments are technical. No substantive change is intended. -CROSS- FORMS Request for admission under this rule, see form 25, Appendix of Forms. CROSS REFERENCES Expenses on refusal to admit, see rule 37. Use of admissions on motions for summary judgment, see rule 56. ------DocID 37303 Document 26 of 1444------ -CITE- 28 USC APPENDIX - RULES OF THE SUPREME COURT Rule 36 -EXPCITE- TITLE 28 APPENDIX RULES OF THE SUPREME COURT OF THE UNITED STATES PART VII -HEAD- Rule 36. Custody of Prisoners in Habeas Corpus Proceedings -STATUTE- .1. Pending review in this Court of a decision in a habeas corpus proceeding commenced before a court, Justice, or judge of the United States, the person having custody of the prisoner shall not transfer custody to another person unless the transfer is authorized in accordance with the provisions of this Rule. .2. Upon application by a custodian showing a need therefor, the court, Justice, or judge rendering the decision under review may authorize transfer and the substitution of a successor custodian as a party. .3. (a) Pending review of a decision failing or refusing to release a prisoner, the prisoner may be detained in the custody from which release is sought or in other appropriate custody or may be enlarged upon personal recognizance or bail, as may appear fitting to the court, Justice, or judge rendering the decision, or to the court of appeals or to this Court or to a judge or Justice of either court. (b) Pending review of a decision ordering release, the prisoner shall be enlarged upon personal recognizance or bail, unless the court, Justice, or judge rendering the decision, or the court of appeals, or this Court, or a judge or Justice of either court, shall otherwise order. .4. An initial order respecting the custody or enlargement of the prisoner, and any recognizance or surety taken, shall continue in effect pending review in the court of appeals and in this Court unless for reasons shown to the court of appeals or to this Court, or to a judge or Justice of either court, the order is modified or an independent order respecting custody, enlargement, or surety is entered. ------DocID 37358 Document 27 of 1444------ -CITE- 28 USC APPENDIX - RULES OF CLAIMS COURT Rule 36 -EXPCITE- TITLE 28 APPENDIX RULES OF THE UNITED STATES CLAIMS COURT TITLE V -HEAD- Rule 36. Requests for Admission -STATUTE- (a) Request for Admission. A party may serve upon any other party a written request for the admission, for purposes of the pending action only, of the truth of any matters within the scope of Rule 26(b) set forth in the request that relate to statements or opinions of fact or of the application of law to facts including the genuineness of any documents described in the request. Copies of documents shall be served with the request unless they have been or are otherwise furnished or made available for inspection and copying. The request may, without leave of court, be served upon the plaintiff after commencement of the action and upon the United States after service of the complaint. The form of requests for admission and answers is governed by Appendix G 7. Each matter of which an admission is requested shall be separately set forth. The matter is admitted unless, within 30 days after service of the request, or within such shorter or longer time as the court may allow, the party to whom the request is directed serves upon the party requesting the admission a written answer or objection addressed to the matter, signed by the party or by the party's attorney, but, unless the court shortens the time, the defendant shall not be required to serve answers or objections before the expiration of 45 days after service of the complaint. If objection is made, the reasons therefor shall be stated. The answer shall specifically deny the matter or set forth in detail the reasons why the answering party cannot truthfully admit or deny the matter. A denial shall fairly meet the substance of the requested admission, and when good faith requires that a party qualify the party's answer or deny only a part of the matter of which an admission is requested, the party shall specify so much of it as is true and qualify or deny the remainder. An answering party may not give lack of information or knowledge as a reason for failure to admit or deny unless the answering party states that the answering party has made reasonable inquiry and that the information known or readily obtainable by the answering party is insufficient to enable the answering party to admit or deny. A party who considers that a matter of which an admission has been requested presents a genuine issue for trial may not, on that ground alone, object to the request; the party may, subject to the provisions of Rule 37(d), deny the matter or set forth reasons why the party cannot admit or deny it. The party who has requested the admissions may move to determine the sufficiency of the answers or objections. Unless the court determines that an objection is justified, it shall order that an answer be served. If the court determines that an answer does not comply with the requirements of this rule, it may order either that the matter is admitted or that an amended answer be served. The court may, in lieu of these orders, determine that final disposition of the request be made at a pretrial conference or at a designated time prior to trial. The provisions of Rule 37(a)(4) apply to the award of expenses incurred in relation to the motion. (b) Effect of Admission. Any matter admitted under this rule is conclusively established unless the court on motion permits withdrawal or amendment of the admission. Subject to the provisions of Rule 16 governing amendment of a pretrial order, the court may permit withdrawal or amendment when the presentation of the merits of the action will be subserved thereby and the party who obtained the admission fails to satisfy the court that withdrawal or amendment will prejudice the party in maintaining the party's action or defense on the merits. Any admission made by a party under this rule is for the purpose of the pending action only and is not an admission by the party for any other purpose nor may it be used against the party in any other proceeding. ------DocID 37465 Document 28 of 1444------ -CITE- 28 USC APPENDIX - RULES OF THE COURT OF INTERNATIONAL TRADE Rule 36 -EXPCITE- TITLE 28 APPENDIX RULES OF THE UNITED STATES COURT OF INTERNATIONAL TRADE TITLE V -HEAD- Rule 36. Requests for Admission -STATUTE- (a) Request for Admission. A party may serve upon any other party a written request for the admission, for purposes of the pending action only, of the truth of any matters within the scope of Rule 26(b) set forth in the request that relate to statements or opinions of fact or of the application of law to fact, including the genuineness of any documents described in the request. Copies of documents shall be served with the request unless they have been or are otherwise furnished or made available for inspection and copying. The request may, without leave of court, be served upon the plaintiff after filing of the complaint, and upon any other party with or after service of the summons and complaint upon that party. Each matter of which an admission is requested shall be separately set forth. The matter is admitted unless, within 30 days after service of the request, or within such shorter or longer time as the court may allow, the party to whom the request is directed serves upon the party requesting the admission a written answer or objection addressed to the matter, signed by the party or by the party's attorney, but, unless the court shortens the time, a defendant shall not be required to serve answers or objections before the expiration of 45 days after service of the summons and complaint upon that defendant. If objection is made, the reasons therefor shall be stated. The answer shall specifically deny the matter or set forth in detail the reasons why the answering party cannot truthfully admit or deny the matter. A denial shall fairly meet the substance of the requested admission, and when good faith requires that a party qualify an answer or deny only a part of the matter of which an admission is requested, the party shall specify so much of it as is true and qualify or deny the remainder. An answering party may not give lack of information or knowledge as a reason for failure to admit or deny unless the party states that the party has made reasonable inquiry and that the information known or readily obtainable by the party is insufficient to enable the party to admit or deny. A party who considers that a matter of which an admission has been requested presents a genuine issue for trial may not, on that ground alone, object to the request; the party may, subject to the provisions of Rule 37(c), deny the matter or set forth reasons why the party cannot admit or deny it. The party who has requested the admissions may move to determine the sufficiency of the answers or objections. Unless the court determines that an objection is justified, it shall order that an answer be served. If the court determines that an answer does not comply with the requirements of this rule, it may order either that the matter is admitted or that an amended answer be served. The court may, in lieu of these orders determine that final disposition of the request be made at a postassignment conference or at a designated time prior to trial. The provisions of Rule 37(a)(3) apply to the award of expenses incurred in relation to the motion. (b) Effect of Admission. Any matter admitted under this rule is conclusively established unless the court on motion permits withdrawal or amendment of the admission. Subject to the provisions of Rule 16 governing amendment of a postassignment scheduling or conference order, the court may permit withdrawal or amendment when the presentation of the merits of the action will be subserved thereby and the party who obtained the admission fails to satisfy the court that withdrawal or amendment will prejudice that party in maintaining the action or defense on the merits. Any admission made by a party under this rule is for the purpose of the pending action only and is not an admission for any other purpose nor may it be used against the party in any other proceeding. -SOURCE- (As amended Oct. 3, 1984, eff. Jan. 1, 1985; July 28, 1988, eff. Nov. 1, 1988.) ------DocID 38503 Document 29 of 1444------ -CITE- 30 USC Sec. 36 -EXPCITE- TITLE 30 CHAPTER 2 -HEAD- Sec. 36. Subdivisions of 10-acre tracts; maximum of placer locations; homestead claims of agricultural lands; sale of improvements -STATUTE- Legal subdivisions of forty acres may be subdivided into ten-acre tracts; and two or more persons, or associations of persons, having contiguous claims of any size, although such claims may be less than ten acres each, may make joint entry thereof; but no location of a placer claim, made after the 9th day of July 1870, shall exceed one hundred and sixty acres for any one person or association of persons, which location shall conform to the United States surveys; and nothing in this section contained shall defeat or impair any bona fide homestead claim upon agricultural lands, or authorize the sale of the improvements of any bona fide settler to any purchaser. -SOURCE- (R.S. Sec. 2330; Mar. 3, 1891, ch. 561, Sec. 4, 26 Stat. 1097.) -COD- CODIFICATION R.S. Sec. 2330 derived from act July 9, 1870, ch. 235, Sec. 12, 16 Stat. 217. -MISC3- SUBMERGED LANDS ACT Provisions of this section as not amended, modified or repealed by the Submerged Lands Act, see section 1303 of Title 43, Public Lands. -CROSS- CROSS REFERENCES Michigan, Minnesota and Wisconsin mineral lands, see section 48 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 24, 29, 33, 37, 38, 39, 40, 42, 46, 47, 48, 102 of this title; title 16 section 460mm-1. ------DocID 39716 Document 30 of 1444------ -CITE- 33 USC Sec. 36 -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 36. Mosquito Creek, South Carolina -STATUTE- Mosquito Creek, in Colleton County, South Carolina, is declared to be a nonnavigable stream within the meaning of the Constitution and laws of the United States. -SOURCE- (Aug. 8, 1917, ch. 49, Sec. 15, 40 Stat. 268.) ------DocID 40803 Document 31 of 1444------ -CITE- 33 USC CHAPTER 36 -EXPCITE- TITLE 33 CHAPTER 36 -HEAD- CHAPTER 36 - WATER RESOURCES DEVELOPMENT -MISC1- Sec. 2201. 'Secretary' defined. SUBCHAPTER I - COST SHARING 2211. Harbors. (a) Construction. (b) Operation and maintenance. (c) Erosion or shoaling attributable to Federal navigation works. (d) Non-Federal payments during construction. (e) Agreement. 2212. Inland waterway transportation. (a) Construction. (b) Operation and maintenance. (c) Authorizations from general fund. 2213. Flood control and other purposes. (a) Flood control. (b) Nonstructural flood control projects. (c) Other purposes. (d) Certain other costs assigned to project purposes. (e) Applicability. (f) 'Separable element' defined. (g) Deferral of payment. (h) Assigned joint and separable costs. (i) Lands, easements, rights-of-way, dredged material disposal areas, and relocations. (j) Agreement. (k) Payment options. (l) Delay of initial payment. (m) Ability to pay. 2214. General credit for flood control. (a) Guidelines. (b) Analysis of costs and benefits. (c) Crediting of non-Federal share. (d) Procedure for work done before November 17, 1986. (e) Procedure for work done after November 17, 1986. (f) Limitation not applicable. (g) Cash contribution not affected. 2215. Feasibility studies; planning, engineering, and design. (a) Feasibility studies. (b) Planning and engineering. (c) Design. 2216. Rate of interest. 2217. Limitation on applicability of certain provisions in reports. 2218. General applicability of cost sharing. 2219. Definitions. SUBCHAPTER II - HARBOR DEVELOPMENT 2231. Studies of projects by non-Federal interests. (a) Submission to Secretary. (b) Review by Secretary. (c) Submission to Congress. (d) Credit and reimbursement. 2232. Construction of projects by non-Federal interests. (a) Authority. (b) Studies and engineering. (c) Completion of studies. (d) Authority to carry out improvement. (e) Reimbursement. (e) Operation and maintenance. (f) Demonstration of non-Federal interests acting as agent of Secretary. 2233. Coordination and scheduling of Federal, State, and local actions. (a) Notice of intent. (b) Procedural requirements. (c) Scheduling agreement. (d) Contents of agreement. (e) Preliminary decision. (f) Revision of agreement. (g) Progress reports. (h) Final decision. (i) Report on timesavings methods. 2234. Nonapplicability to Saint Lawrence Seaway. 2235. Construction in usable increments. 2236. Port or harbor dues. (a) Consent of Congress. (b) Audits. (c) Jurisdiction. (d) Collection of duties. (e) Enforcement. (f) Maritime lien. 2237. Information for national security. 2238. Authorization of appropriations. (a) Trust fund. (b) General fund. 2239. Repealed. 2240. Emergency response services. (a) Grants. (b) Authorization of appropriations. 2241. Definitions. SUBCHAPTER III - INLAND WATERWAY TRANSPORTATION SYSTEM 2251. Inland Waterways Users Board. (a) Establishment of Users Board. (b) Duties. (c) Administration. SUBCHAPTER IV - WATER RESOURCES STUDIES 2261. Territories development study. 2262. Survey of potential for use of certain facilities as hydroelectric facilities. (a) Survey authority. (b) Authorization of appropriations. 2263. Study of Corps capability to conserve fish and wildlife. 2264. Deauthorization of studies. 2265. Columbia River/Arkansas River Basin transfers. 2266. Canadian tidal power study. (a) Study authority. (b) Study phases. (c) Authorization of appropriations. 2267. New York Bight study. (a) Study authority. (b) Study of physical hydraulic model. (c) Agency coordination; findings and recommendations. (d) Authorization of appropriations. SUBCHAPTER V - GENERAL PROVISIONS 2280. Maximum cost of projects. 2281. Matters to be addressed in planning. 2282. Feasibility reports. (a) Report authority; contents; views of other agencies. (b) Reconnaissance studies. (c) Benefits to Indian tribes. (d) Use of standard and uniform procedures and practices. 2283. Fish and wildlife mitigation. (a) Steps to be taken prior to or concurrently with construction. (b) Acquisition of lands or interests in lands for mitigation. (c) Allocation of mitigation costs. (d) Mitigation plans as part of project proposals. (e) First enhancement costs as Federal costs. (f) National benefits from enhancement measures for Atchafalaya Floodway System and Mississippi Delta Region projects. (g) Fish and Wildlife Coordination Act supplementation. 2284. Benefits and costs attributable to environmental measures. 2285. Environmental Protection and Mitigation Fund. 2286. Acceptance of certain funds for mitigation. 2287. Continued planning and investigations. (a) Pre-authorization planning and engineering. (b) Annual report. (c) Authorizations as additions to other authorizations. 2288. Review of cost effectiveness of design. 2289. Urban and rural flood control frequency. 2290. Flood control in Trust Territory of the Pacific Islands. 2291. Federal Project Repayment District. 2292. Surveying and mapping. 2293. Reprogramming during national emergencies. (a) Termination or deferment of civil works projects; application of resources to national defense projects. (b) Termination of state of war or national emergency. 2294. Office of Environmental Policy. 2295. Compilation of laws; annual reports. (a) Federal laws relating to improvements of rivers and harbors, flood control, beach erosion, and other water resources development. (b) Annual report. (c) Biennial reports for each State. 2296. Acquisition of recreation lands. 2297. Operation and maintenance on recreation lands. 2298. Impact of proposed projects on existing recreation facilities. 2299. Acquisition of beach fill. 2300. Study of Corps capabilities. 2301. Reports on hydropower statistics. 2302. Reports on small business contracts. 2303. Historical properties. 2304. Separability. 2305. Use of FMHA funds. 2306. Reports. 2307. Control of ice. (a) Program authority. (b) Assistance to units of local government. (c) Authorization of appropriations. (d) Hardwick, Vermont, demonstration program. (e) Salmon, Idaho, experimental program. (f) Wilmington, Illinois, project. (g) Cost sharing. (h) Report to Congress. 2308. Campgrounds for senior citizens. (a) Establishment and development. (b) Control of campground use and access. (c) Authorization of appropriations. (d) Campground at Sam Rayburn Dam and Reservoir, Texas. (e) Control of use and access to campground at Sam Rayburn Dam and Reservoir, Texas. (f) Authorization of appropriations. (g) Boundaries of campground at Sam Rayburn Dam and Reservoir, Texas. 2309. Great Lakes Commodities Marketing Board. (a) Congressional declaration of purpose. (b) Establishment; strategy development; composition of Board; Director; report; termination. (c) International advisory group. (d) Review of environmental, economic, and social impacts of navigation in United States portion of Great Lakes. 2309a. Project modifications for improvement of environment. (a) Determination of need. (b) Authority to make modifications. (c) Coordination of actions. (d) Biennial report. (e) Authorization of appropriations. 2310. Cost sharing for Territories. 2311. Report to Congress covering proposals for water impoundment facilities. 2312. Comments on certain changes in operations of reservoirs. 2313. Collaborative research and development. (a) In general. (b) Administrative provisions. (c) Applicability of other laws. (d) Authorization of appropriations. (e) Additional funding. 2314. Innovative technology. (a) Use. (b) Reports. (c) 'Innovative technology' defined. 2314a. Technical assistance program. (a) In general. (b) Federal employees' inventions. (c) Protection of confidential information. (d) Definitions. 2315. Periodic statements. 2316. Environmental protection mission. (a) General rule. (b) Limitation. 2317. Wetlands. (a) Goals and action plan. (b) Constructed wetlands for Mud Creek, Arkansas. (c) Non-Federal responsibilities. (d) Wetlands restoration and enhancement demonstration program. (e) Training and certification of delineators. 2318. Flood plain management. (a) Benefit-cost analysis. (b) Counties substantially located within 100-year flood plain. (c) Cost sharing. (d) Regulations. (e) Applicability. 2319. Reservoir management. (a) Technical advisory committee. (b) Public participation. 2320. Protection of recreational and commercial uses. (a) General rule. (b) Maintenance. (c) Mitigation. (d) Applicability. (e) Cost sharing. 2321. Operation and maintenance of hydroelectric facilities. 2322. Single entities. 2323. Technical assistance to private entities. (a) Use of Corps research and development labs. (b) Contract. 2324. Reduced pricing for certain water supply storage. (a) Provision of storage space. (b) Maximum amount of storage space. (c) Price. (d) Determinations. (e) Inflation adjustment of dollar amount. (f) Non-Federal responsibilities. (g) 'Low income community' defined. ------DocID 41103 Document 32 of 1444------ -CITE- 35 USC CHAPTER 36 -EXPCITE- TITLE 35 PART IV CHAPTER 36 -HEAD- CHAPTER 36 - INTERNATIONAL STAGE -MISC1- Sec. 361. Receiving Office. 362. International Searching Authority and International Preliminary Examining Authority. 363. International application designating the United States: Effect. 364. International stage: Procedure. 365. Right of priority; benefit of the filing date of a prior application. 366. Withdrawn international application. 367. Actions of other authorities: Review. 368. Secrecy of certain inventions; filing international applications in foreign countries. AMENDMENTS 1986 - Pub. L. 99-616, Sec. 3, Nov. 6, 1986, 100 Stat. 3485, amended item 362 generally. ------DocID 6971 Document 33 of 1444------ -CITE- 2 USC Sec. 36 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 36. Salaries of Senators -STATUTE- Salaries of Senators appointed to fill vacancies in the Senate shall commence on the day of their appointment and continue until their successors are elected and qualified: Provided, That when Senators have been elected during a sine die adjournment of the Senate to succeed appointees, the salaries of Senators so elected shall commence on the day following their election. Salaries of Senators elected during a session to succeed appointees shall commence on the day they qualify: Provided, That when Senators have been elected during a session to succeed appointees, but have not qualified, the salaries of Senators so elected shall commence on the day following the sine die adjournment of the Senate. When no appointments have been made the salaries of Senators elected to fill such vacancies shall commence on the day following their election. -SOURCE- (Feb. 10, 1923, ch. 68, 42 Stat. 1225; Feb. 6, 1931, ch. 111, 46 Stat. 1065; June 19, 1934, ch. 648, title I, Sec. 1, 48 Stat. 1022; Feb. 13, 1935, ch. 6, Sec. 1, 49 Stat. 22, 23.) -MISC1- AMENDMENTS 1935 - Act Feb. 13, 1935, inserted proviso as to commencement of salaries of Senators elected during a sine die adjournment on day following their election and provision as to commencement of salaries of Senators elected during a session to succeed appointees on day they qualify but that upon failure to qualify their salaries are to commence on day following sine die adjournment of Senate and struck out provision that salaries of Senators elected to fill vacancies are to commence on day they qualify 1934 - Act June 19, 1934, made nonsubstantive changes in grammar and punctuation. 1931 - Act Feb. 6, 1931, made nonsubstantive changes in grammar and punctuation and struck out 'to fill such vacancies' after 'When no appointments have been made'. PRIOR PROVISIONS July 31, 1894, ch. 174, 28 Stat. 162. R.S. Sec. 51. CONSTITUTIONAL PROVISIONS The first section of amendment XX to the Constitution provides in part: ' * * * the terms of Senators and Representatives (shall end) at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.' -CROSS- CROSS REFERENCES Claims for overpayment or pay or allowances to Senators, see section 130c of this title. ------DocID 41121 Document 34 of 1444------ -CITE- 36 USC CHAPTER 1 -EXPCITE- TITLE 36 CHAPTER 1 -HEAD- CHAPTER 1 - AMERICAN NATIONAL RED CROSS -MISC1- Sec. 1. Corporation created. 1a. Continuation of corporation. 2. Name and powers of corporation. 3. Purposes of corporation. 4. Repealed. 4a. Membership; status of chapters; rules and regulations governing chapters; election of officers. 5. Board of Governors; number; election; tenure; filling vacancies; annual meetings; voting by proxy. 6. Annual report; audit of financial transactions. 7. Reimbursement of Department of Defense for auditing expenses. 8. Reservation of right to amend or repeal certain sections. 9. Endowment fund. 10 to 12. Repealed. 13. Permanent building at headquarters in Washington, D.C. 14. Omitted. 15. Memorial building to Women of World War I; expenditures; supervision. 16. Exchange of Government-owned cotton for articles containing wool. 17 to 17b. Repealed. -CROSS- CROSS REFERENCES Operation of American Red Cross vessels under Neutrality Act of 1939, see section 444 of Title 22, Foreign Relations and Intercourse. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 42 section 5143. ------DocID 41122 Document 35 of 1444------ -CITE- 36 USC Sec. 1 -EXPCITE- TITLE 36 CHAPTER 1 -HEAD- Sec. 1. Corporation created -STATUTE- Clara Barton, Hilary A. Herbert, Thomas F. Walsh, Charles C. Glover, Charles J. Bell, Mabel T. Boardman, George Dewey, William R. Day, Nelson A. Miles, James Tanner, William K. Van Reypen, John M. Wilson, Simon Wolf, James R. Garfield, Gifford Pinchot, S. W. Woodward, Mary A. Logan, Walter Wyman, of Washington, District of Columbia; George H. Shields, of Missouri; William H. Taft, F. B. Loomis, Samuel Mather, of Ohio; Spencer Trask, Robert C. Ogden, Cleveland H. Dodge, George C. Boldt, William T. Wardwell, John G. Carlisle, George B. McClellan, Elizabeth Mills Reid, Margaret Carnegie, of New York; John H. Converse, Alexander Mackay-Smith, J. Wilkes O'Neill, H. Kirke Porter, of Pennsylvania; Richard Olney, W. Murray Crane, Henry L. Higginson, William Draper, Frederick H. Gillett, of Massachusetts; Marshall Field, Robert T. Lincoln, Lambert Tree, of Illinois; A. G. Kaufman, of South Carolina; Alexander W. Terrell, of Texas; George Gray, of Delaware; Redfield Proctor, of Vermont; John W. Foster, Noble C. Butler, Robert W. Miers, of Indiana; John Sharp Williams, of Mississippi; William Alden Smith, of Michigan; Horace Davis, W. W. Morrow, of California; Daniel C. Gilman, Eugene Lovering, of Maryland; J. Taylor Ellyson, of Virginia; Daniel R. Noyes, of Minnesota; Emanuel Fiske, Marshall Fiske, of Connecticut, together with five other persons to be named by the President of the United States, one to be chosen from each of the Departments of State, War, Navy, Treasury, and Justice, their associates and successors, are created a body corporate and politic in the District of Columbia. -SOURCE- (Jan. 5, 1905, ch. 23, Sec. 1, 33 Stat. 599; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -MISC1- PREAMBLE Act Jan. 5, 1905, as amended by act May 8, 1947, ch. 50, Sec. 1, 2, 61 Stat. 80, provided: 'Whereas on the twenty-second of August, eighteen hundred and sixty-four, at Geneva, Switzerland, plenipotentiaries respectively representing Italy, Baden, Belgium, Denmark, Spain, Portugal, France, Prussia, Saxony, and Wurttemberg and the Federal Council of Switzerland agreed upon ten articles of a treaty or convention for the purpose of mitigating the evils inseparable from war; of ameliorating the condition of soldiers wounded on the field of battle, and particularly providing, among other things, in effect, that persons employed in hospitals and in according relief to the sick and wounded and supplies for this purpose shall be deemed neutral and entitled to protection; and that a distinctive and uniform flag shall be adopted for hospitals and ambulances and convoys of sick and wounded and an arm badge for individuals neutralized; and 'Whereas the said treaty has been revised and extended by a treaty or convention for the amelioration of the condition of the wounded and the sick of armies in the field, signed at Geneva, July 27, 1929, and adhered to by the United States of America, effective August 8, 1932; and 'Whereas the International Conference of Geneva of eighteen hundred and sixty-three recommended 'that there exist in every country a committee whose mission consists in cooperating in times of war with the hospital service of the armies by all means in its power;' and 'Whereas a permanent organization is an agency needed in every nation to carry out the purposes of said treaties, and especially to secure supplies and to execute the humane objects contemplated by said treaties, with the power to adopt and use the distinctive flag and arm badge specified by said treaties, on which shall be the sign of the Red Cross, for the purpose of cooperating with the 'Comite International de Secours aux Militaires Blesses' (International Committee of Relief for the Wounded in War); and 'Whereas in accordance with the requirements and customs of said international body such an association adopting and using said insignia was formed in the city of Washington, District of Columbia, in July, eighteen hundred and eighty-one known as 'The American National Association of the Red Cross,' reincorporated April seventeenth, eighteen hundred and ninety-three, under the laws of the District of Columbia, and reincorporated by Act of Congress in June, nineteen hundred; and 'Whereas it is believed that the importance of the work demands a repeal of the present charter and a reincorporation of the society under Government supervision: Now, therefore,'. -CHANGE- CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted 'Title 10, Armed Forces' which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1a, 2, 8 of this title. ------DocID 41123 Document 36 of 1444------ -CITE- 36 USC Sec. 1a -EXPCITE- TITLE 36 CHAPTER 1 -HEAD- Sec. 1a. Continuation of corporation -STATUTE- The corporation now existing as The American National Red Cross under sections 1, 2 to 6, 8, and 9 of this title shall continue as a body corporate and politic in the District of Columbia. The first national convention after May 8, 1947, shall be convened and held under rules and regulations prescribed by the governing body of the corporation as presently constituted. After such first national convention, the Board of Governors of the corporation from time to time shall constitute the associates and successors of the incorporators named in said sections, and neither the said incorporators nor any associates or successors theretofore designated by them or by their successors shall have any powers or duties. -SOURCE- (May 8, 1947, ch. 50, Sec. 8, 61 Stat. 83.) ------DocID 41124 Document 37 of 1444------ -CITE- 36 USC Sec. 2 -EXPCITE- TITLE 36 CHAPTER 1 -HEAD- Sec. 2. Name and powers of corporation -STATUTE- The name of this corporation shall be 'The American National Red Cross', and by that name it shall have perpetual succession, with the power to sue and be sued in courts of law and equity, State or Federal, within the jurisdiction of the United States; to have and to hold such real and personal estate as shall be deemed advisable and to dispose of the same, to accept gifts, devises, and bequests of real and personal estate for the purposes of this corporation hereinafter set forth; to adopt a seal and the same to alter and destroy at pleasure; and to have the right to have and to use, in carrying out its purposes hereinafter designated, as an emblem and badge, a Greek red cross on a white ground, as the same has been described in the treaties of Geneva, August twenty-second, eighteen hundred and sixty-four and July twenty-seventh, nineteen hundred and twenty-nine, and adopted by the several nations acceding thereto; to ordain and establish bylaws and regulations not inconsistent with the laws of the United States of America or any State thereof, and generally to do all such acts and things as may be necessary to carry into effect the provisions of sections 1, 2 to 6, 8, and 9 of this title and promote the purposes of said organization; and the corporation created is designated as the organization which is authorized to act in matters of relief under said treaties. In accordance with the said treaties, the delivery of the brassard allowed for individuals neutralized in time of war shall be left to military authority. -SOURCE- (Jan. 5, 1905, ch. 23, Sec. 2, 33 Stat. 600; May 8, 1947, ch. 50, Sec. 3, 61 Stat. 81.) -MISC1- AMENDMENTS 1947 - Act May 8, 1947, increased certain powers of corporation to accept gifts and devises of real estate. -CROSS- CROSS REFERENCES Licenses for erection and use of buildings on military installations, see section 2670 of Title 10, Armed Forces. Loan of equipment needed for instruction and practice to organization formed by Red Cross aiding armed forces in war time, see section 2542 of Title 10. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1a, 8 of this title. ------DocID 41125 Document 38 of 1444------ -CITE- 36 USC Sec. 3 -EXPCITE- TITLE 36 CHAPTER 1 -HEAD- Sec. 3. Purposes of corporation -STATUTE- The purposes of the corporation are and shall be - First. To furnish volunteer aid to the sick and wounded of Armed Forces in time of war, in accordance with the spirit and conditions of the conference of Geneva of October, eighteen hundred and sixty-three, and also of the treaties of the Red Cross, or the treaties of Geneva, of August twenty-second, eighteen hundred and sixty-four, and July twenty-seventh, nineteen hundred and twenty-nine, to which the United States of America has given its adhesion, and also of any other treaty or convention similar in purpose to which the United States of America may hereafter give its adhesion. Second. And for said purposes to perform all the duties devolved upon a national society by each nation which has acceded to any of said treaties or conventions. Third. To succeed to all the rights and property which were prior to January 5, 1905, held and to all the duties which were prior to January 5, 1905, performed by the American National Red Cross as a corporation duly incorporated by Act of Congress June 6, 1900, which Act is repealed and the organization created thereby is dissolved. Fourth. To act in matters of voluntary relief and in accord with the military authorities as a medium of communication between the people of the United States of America and their Armed Forces, and to act in such matters between similar national societies of other governments through the 'Comitee International de Secours', and the Government and the people and the Armed Forces of the United States of America. Fifth. And to continue and carry on a system of national and international relief in time of peace and apply the same in mitigating the sufferings caused by pestilence, famine, fire, floods, and other great national calamities, and to devise and carry on measures for preventing the same. -SOURCE- (Jan. 5, 1905, ch. 23, Sec. 3, 33 Stat. 600; May 8, 1947, ch. 50, Sec. 4, 61 Stat. 81; July 17, 1953, ch. 222, Sec. 4(a), (b), 67 Stat. 179.) -REFTEXT- REFERENCES IN TEXT Act of Congress June 6, 1900, referred to in text, is act June 6, 1900, ch. 784, 31 Stat. 277, which is not classified to the Code. -MISC2- AMENDMENTS 1953 - Act July 17, 1953, in first par. substituted 'Armed Forces' for 'armies' and, in fourth par. substituted 'Armed Forces' for 'Army and Navy' and struck out 'and naval' after 'military'. 1947 - Act May 8, 1947, included the treaty of July 27, 1929, in first and second pars. -CROSS- CROSS REFERENCES Cooperation and assistance to armed forces, see section 2602 of Title 10, Armed Forces. Operation of American Red Cross vessels under Neutrality Act of 1939, see section 444 of Title 22, Foreign Relations and Intercourse. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1a, 2, 8 of this title. ------DocID 41126 Document 39 of 1444------ -CITE- 36 USC Sec. 4 -EXPCITE- TITLE 36 CHAPTER 1 -HEAD- Sec. 4. Repealed. June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862 -MISC1- Section, acts Jan. 5, 1905, ch. 23, Sec. 4, 33 Stat. 600; June 23, 1910, ch. 372, Sec. 1, 36 Stat. 604, related to fraudulent representation or use of insignia. See sections 1, 706 and 917 of Title 18, Crimes and Criminal Procedure. EFFECTIVE DATE OF REPEAL Repeal effective Sept. 1, 1948, see section 20 of act June 25, 1948, set out as an Effective Date note preceding section 1 of Title 18, Crimes and Criminal Procedure. ------DocID 41127 Document 40 of 1444------ -CITE- 36 USC Sec. 4a -EXPCITE- TITLE 36 CHAPTER 1 -HEAD- Sec. 4a. Membership; status of chapters; rules and regulations governing chapters; election of officers -STATUTE- Membership in the American National Red Cross shall be open to all the people of the United States, its Territories, and dependencies, upon payment of the sums specified from time to time in the bylaws. The chapters of the American National Red Cross shall be the local units of the corporation within the States and Territories of the United States. The regulations with respect to the granting of charters to the chapters and the revocation of the same, the territorial jurisdiction of the chapters, the relationship of the chapters to the corporation and compliance by the chapters with the policies and rules of the corporation, shall be as determined from time to time by the Board of Governors. Such regulations shall require that each chapter shall, in the election of the governing body of the chapter and in the selection of delegates to the national convention of the corporation, adhere to democratic principles of election as specified in the bylaws. -SOURCE- (Jan. 5, 1905, ch. 23, Sec. 4a, as added May 8, 1947, ch. 50, Sec. 5, 61 Stat. 81.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1a, 2, 8 of this title. ------DocID 41128 Document 41 of 1444------ -CITE- 36 USC Sec. 5 -EXPCITE- TITLE 36 CHAPTER 1 -HEAD- Sec. 5. Board of Governors; number; election; tenure; filling vacancies; annual meetings; voting by proxy -STATUTE- The governing body of the corporation in which all powers of government, direction, and management of the corporation shall be lodged, shall consist of a Board of Governors numbering fifty persons, to be appointed or elected in the manner following, namely: (a) Eight Governors shall be appointed by the President of the United States. Of the Governors so appointed, one shall be designated by the President of the United States to act as the principal officer of the corporation with such title and such functions as may from time to time be prescribed in the bylaws; and the remainder shall be officials of departments and agencies of the Federal Government, whose positions and interests are such as to qualify them to contribute toward the accomplishment of Red Cross programs and objectives. Of these at least one and not more than three shall be selected from the armed forces. (b) Thirty Governors shall be elected by the chapters. The Governors so elected shall be elected at the national convention under procedures for nomination and election which shall be such as to insure equitable representation of all the chapters, having regard to geographical considerations, to the size of the chapters and to the size of the populations served by the chapters. (c) Twelve Governors shall be elected by the Board of Governors as members-at-large. The Governors so elected shall be individuals who are representative of the national interests which it is the function of the Red Cross to serve, and with which it is desirable that the corporation shall have close association. The term of office of all Governors shall be three years, except that the term of office of any Governor appointed by the President of the United States (other than the principal officer of the corporation) shall expire if and when such Governor shall retire, prior to the date on which his term as Governor would otherwise expire, from the official position held at the time of his appointment as Governor. Of the first Board of Governors to be selected hereunder, those Governors to be elected pursuant to subsection (b) of this section shall be elected at the first national convention following May 8, 1947, those Governors to be elected pursuant to subsection (c) of this section shall be elected as soon as practicable following such first national convention, and those Governors to be appointed pursuant to subsection (a) of this section shall be appointed so as to take office at the same time. The Governors so elected pursuant to subsections (b) and (c) of this section shall be divided by lot into three classes, the terms of which shall expire at the end of one, two, and three years, respectively, so that thereafter one-third of the members of the Board of Governors elected pursuant to subsections (b) and (c) of this section will be chosen at the time of each national convention, and shall take office at such time or as soon as practicable thereafter. The President of the United States shall fill as soon as may be any vacancy that may occur by death, resignation, or otherwise in the office of the principal officer of the corporation or in the membership of the Board of Governors appointed by him. Any vacancy that may occur in the Governors elected by the chapters pursuant to subsection (b) of this section or in the Governors-at-large elected by the Board of Governors pursuant to subsection (c) of this section, shall be temporarily filled by appointment made by the Board of Governors, such appointees to serve until the next national convention. The Board of Governors shall have power (i) to appoint from its own members an executive committee of not less than eleven persons, who, when the Board of Governors is not in session, shall have and exercise all the powers of the Board of Governors, and (ii) to appoint and remove, or provide for the appointment and removal of, all officers and employees of the corporation, except the principal officer designated by the President of the United States. The annual meeting of the corporation shall be the national convention of delegates of the chapters, which shall be held annually on such date and at such place as may be specified by the Board of Governors. In all matters requiring a vote at the national convention, each chapter shall be entitled to not less than one vote. The number of votes which each chapter shall be entitled to cast shall be determined according to allocation by the Board of Governors, which shall be established on an equitable basis giving consideration both to the size of the membership of the chapters and to the size of the populations in the territories served by the chapters. Such allocations shall be reviewed at least every five years. Voting by proxy shall not be allowed at any meeting of the Board of Governors, or at the national convention, or at any meeting of the chapters: Provided, however, That in the event of any national emergency which in the opinion of the Board of Governors makes attendance at the national convention impossible, the Board of Governors may permit the election of Governors by proxy at the national convention. -SOURCE- (Jan. 5, 1905, ch. 23, Sec. 5, 33 Stat. 601; Dec. 10, 1912, ch. 1, Sec. 1, 37 Stat. 647; Mar. 3, 1921, ch. 131, Sec. 1, 41 Stat. 1354; May 8, 1947, ch. 50, Sec. 6, 61 Stat. 82.) -COD- CODIFICATION Provision of this section, which required the first annual meeting to be held in December 1905, was omitted. -MISC3- AMENDMENTS 1947 - Act May 8, 1947, enlarged the governing board and made the method of selection of its members more democratic. 1921 - Act Mar. 3, 1921, provided that the executive committee of the central committee should consist of nine instead of seven persons, five of whom should be a quorum. 1912 - Act Dec. 10, 1912, changed date of annual meeting from first Tuesday after first Monday in December to Wednesday preceding second Thursday in December. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1a, 2, 8 of this title. ------DocID 41129 Document 42 of 1444------ -CITE- 36 USC Sec. 6 -EXPCITE- TITLE 36 CHAPTER 1 -HEAD- Sec. 6. Annual report; audit of financial transactions -STATUTE- The American National Red Cross shall as soon as practicable after the first day of July of each year make and transmit to the Secretary of Defense a report of its proceedings for the fiscal year ending June 30, next preceding, including a full, complete, and itemized report of receipts and expenditures of whatever kind, which report shall be duly audited by the Department of Defense, and a copy of said report shall be transmitted to Congress by the Department of Defense. -SOURCE- (Jan. 5, 1905, ch. 23, Sec. 6, 33 Stat. 602; Feb. 27, 1917, ch. 137, 39 Stat. 946; July 17, 1953, ch. 222, Sec. 4(c), 67 Stat. 179.) -MISC1- AMENDMENTS 1953 - Act July 17, 1953, substituted 'Secretary of Defense' and 'Department of Defense' for 'Secretary of War' and 'Department of War', respectively. 1917 - Act Feb. 27, 1917, required reports of the preceding fiscal year to be made as soon as practicable after first of July of each year instead of on January first of each year. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1a, 2, 8 of this title. ------DocID 41130 Document 43 of 1444------ -CITE- 36 USC Sec. 7 -EXPCITE- TITLE 36 CHAPTER 1 -HEAD- Sec. 7. Reimbursement of Department of Defense for auditing expenses -STATUTE- The American National Red Cross annually shall reimburse the Department of Defense for auditing its accounts, and the sum so paid shall be covered into the Treasury of the United States as a miscellaneous receipt. -SOURCE- (May 29, 1920, ch. 214, Sec. 1, 41 Stat. 659; July 17, 1953, ch. 222, Sec. 5, 67 Stat. 179.) -COD- CODIFICATION Section is based upon provision appearing in act May 29, 1920, popularly known as the Executive, Legislative and Judicial Appropriation Act for fiscal year ending June 30, 1921. -MISC3- AMENDMENTS 1953 - Act July 17, 1953, substituted 'Department of Defense' for 'War Department'. ------DocID 41131 Document 44 of 1444------ -CITE- 36 USC Sec. 8 -EXPCITE- TITLE 36 CHAPTER 1 -HEAD- Sec. 8. Reservation of right to amend or repeal certain sections -STATUTE- Congress shall have the right to repeal, alter, or amend sections 1, 2 to 6, 8, and 9 of this title at any time. -SOURCE- (Jan. 5, 1905, ch. 23, Sec. 7, 33 Stat. 602.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1a, 2 of this title. ------DocID 41132 Document 45 of 1444------ -CITE- 36 USC Sec. 9 -EXPCITE- TITLE 36 CHAPTER 1 -HEAD- Sec. 9. Endowment fund -STATUTE- The endowment fund of the American National Red Cross shall be kept and invested under the management and control of a board of nine trustees, who shall be elected from time to time by the Board of Governors under such regulations regarding terms and tenure of office, accountability, and expense as the Board of Governors shall prescribe. -SOURCE- (Jan. 5, 1905, ch. 23, Sec. 8, as added June 23, 1910, ch. 372, Sec. 2, 36 Stat. 604, and amended May 8, 1947, ch. 50, Sec. 7, 61 Stat. 83.) -MISC1- AMENDMENTS 1947 - Act May 8, 1947, changed election of trustees by incorporators and their successors to election by Board of Governors. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1a, 2, 8 of this title. ------DocID 41133 Document 46 of 1444------ -CITE- 36 USC Sec. 10, 11 -EXPCITE- TITLE 36 CHAPTER 1 -HEAD- Sec. 10, 11. Repealed. July 17, 1953, ch. 222, Sec. 6, 67 Stat. 179 -MISC1- Section 10, acts Apr. 24, 1912, ch. 90, Sec. 1, 37 Stat. 90; June 29, 1943, ch. 176, Sec. 1, 57 Stat. 247, related to land and naval forces in time of war. See section 2602 of Title 10, Armed Forces. Section 11, acts Apr. 24, 1912, ch. 90, Sec. 2, 37 Stat. 91; June 29, 1943, ch. 176, Sec. 2, 57 Stat. 248, related to transportation, subsistence and passport fees. See section 2602 of Title 10. ------DocID 41134 Document 47 of 1444------ -CITE- 36 USC Sec. 12 -EXPCITE- TITLE 36 CHAPTER 1 -HEAD- Sec. 12. Repealed. Aug. 10, 1956, ch. 1041, Sec. 53, 70A Stat. 641 -MISC1- Section, act June 3, 1916, ch. 134, Sec. 127a, as added June 4, 1920, ch. 227, subch. I, Sec. 51, 41 Stat. 785, and amended July 17, 1953, ch. 222, Sec. 3, 67 Stat. 178, related to buildings for Red Cross supplies. See section 2670 of Title 10, Armed Forces. ------DocID 41135 Document 48 of 1444------ -CITE- 36 USC Sec. 13 -EXPCITE- TITLE 36 CHAPTER 1 -HEAD- Sec. 13. Permanent building at headquarters in Washington, D.C. -STATUTE- The permanent building erected upon square 172 in the city of Washington, District of Columbia, for the use of the American National Red Cross in connection with its work in co- operation with the Government of the United States shall remain the property of the United States but under the supervision of the Administrator of General Services and the American National Red Cross shall at all times be charged with the responsibility, the care, keeping, and maintenance of said building without expense to the United States. -SOURCE- (Feb. 7, 1930, ch. 42, Sec. 1, 5, 46 Stat. 66; Ex. Ord. No. 6166, Sec. 2, June 10, 1933; Mar. 2, 1934, ch. 38, Sec. 1, 48 Stat. 389; 1939 Reorg. Plan No. I, Sec. 301, 303, eff. July 1, 1939, 4 F.R. 2729, 53 Stat. 1426, 1427; June 30, 1949, ch. 288, title I, Sec. 103(a), 63 Stat. 380.) -COD- CODIFICATION Section is composed of sections 1 and 5 of act Feb. 7, 1930. Section 1 provided for erection of permanent building and section 5 for the ownership and supervision thereof. -TRANS- TRANSFER OF FUNCTIONS Functions of Federal Works Agency and of all agencies thereof, together with all functions of Federal Works Administrator transferred to Administrator of General Services by section 103(a) of act June 30, 1949. Federal Works Agency and office of Federal Works Administrator abolished by section 103(b) of that act. Section 103 is set out as section 753(b) of Title 40, Public Buildings, Property, and Works. By section 5 of act Feb. 7, 1930, the permanent building was to remain under supervision of Director of Public Buildings and Public Parks of National Capital. The office of Public Buildings and Public Parks of National Capital abolished and its functions transferred to Office of National Parks, Buildings, and Reservations of Department of the Interior by Ex. Ord. No. 6166. The name of the latter office changed to 'National Park Service' by act Mar. 2, 1934. The Branch of Buildings Management of National Park Service, with certain other agencies, consolidated as Public Buildings Administration under Federal Works Agency by sections 301 and 303 of Reorg. Plan No. I of 1939, set out in the Appendix to Title 5, Government Organization and Employees. EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions by act June 30, 1949, effective July 1, 1949, see section 605 of act June 30, 1949, set out as an Effective Date note under section 471 of Title 40, Public Buildings, Property, and Works. -MISC5- PERMANENT BUILDING FOR DISTRICT OF COLUMBIA CHAPTER Joint Res. July 1, 1947, ch. 195, 61 Stat. 241, as amended Nov. 8, 1988, Pub. L. 100-637, Sec. 1, 102 Stat. 3325, provided: 'That authority be, and is hereby, given to the American National Red Cross to erect upon the south half of square 104 in the city of Washington, District of Columbia, a permanent building for the use of the District of Columbia Chapter, American National Red Cross, in connection with its work, in cooperation with the Government of the United States and its responsibilities under its charter granted by the Congress of the United States. 'Sec. 2. That the plans of the proposed building shall first be approved by the American National Red Cross, the Commission of Fine Arts and the National Capital Park and Planning Commission and the erection and design thereof shall be under the supervision of the Administrator of the Federal Works Agency (now the Administrator of General Services) in accordance with the provisions of the Public Buildings Act of May 25, 1926, as amended (enacting sections 341, 342, 343 to 345a, 346, and 347 of Title 40, Public Buildings, Property, and Works) and as hereby further amended. 'Sec. 3. That the cost of the removal of the buildings on this site shall be borne by the American National Red Cross, District of Columbia Chapter, without expense to the United States. 'Sec. 4. That said permanent building shall remain the property of the United States but under the supervision of the Administrator of the Federal Works Agency (now the Administrator of General Services) and the American National Red Cross, District of Columbia Chapter, shall, at all times be charged with the responsibility, care, keeping, and maintenance of said building without expense to the United States. 'Sec. 5. That moneys of the American National Red Cross, District of Columbia Chapter, available for the construction of the aforesaid building, including any amount administratively determined necessary for the payment of salaries and expenses of personnel engaged upon the preparation of plans and specifications, field supervision, and general office expenses, may be transferred to and expended by the Public Buildings Administration of the Federal Works Agency (now the Administrator of General Services), and such funds may be consolidated in the books of the Treasury Department into a special account for direct expenditure in the prosecution of said work, and the Commissioner of Public Buildings is authorized to prepare drawings and specifications for this building prior to the approval by the Attorney General of the title to such acquisition. 'Sec. 6. That said building shall be appropriate in design and character and shall be used by the American National Red Cross, District of Columbia Chapter, and shall cost not less than $1,000,000: Provided, That this expenditure shall include complete equipment. 'Sec. 7. That the person, firm, or corporation which the Commissioner of Public Buildings shall select to furnish professional architectural and engineering services required for the project shall be chosen from nominations made by the American National Red Cross, District of Columbia Chapter. 'Sec. 8. That the National Capital Housing Authority is hereby authorized and directed to transfer to the jurisdiction of the Federal Works Administrator (now the Administrator of General Services) such part of the site for said building as is now under the jurisdiction of said Authority: Provided, That the Treasurer of the United States is authorized and directed to credit said Authority with the fair market value, at the date of transfer, of the property so transferred: Provided further, That the Federal Works Administrator (now the Administrator of General Services) is hereby authorized to utilize the property so transferred, as well as that part of the site already under his jurisdiction, for the purposes of this Act. 'Sec. 9. That the Federal Works Administrator, through the Public Buildings Administration (both now under the Administrator of General Services), is hereby authorized to furnish steam from the central heating plant for the heating of said building, such steam to be paid for by the American National Red Cross, District of Columbia Chapter, at such reasonable rates, not less than cost, as may be determined by the Federal Works Administrator (now Administrator of General Services): Provided, That the Federal Works Administrator, through the Public Buildings Administration (both now under the Administrator of General Services), is authorized to prepare plans and specifications and to supervise and to contract for the work necessary to connect said building with the Government mains and to pay the cost of such work and services, including administrative expenses, from the funds consolidated into the Treasury pursuant to section 5 thereof. 'Sec. 10. The enactment of this joint resolution shall not be construed as establishing a policy of the United States Government to furnish building sites for Red Cross chapters or any eleemosynary institution at any other place. 'Sec. 11. (a) Notwithstanding any other provision of law, the Administrator of the General Services Administration shall enter into a lease of the real property described in the first section of this Act with the American National Red Cross, District of Columbia Chapter. Such lease shall provide that such property shall be used as an office, medical and scientific facility by such Red Cross Chapter and the tenants of such Chapter on such terms and conditions as shall be customary and necessary, including that - '(1) the lease shall be triple net to the United States and such Red Cross Chapter shall pay all taxes, insurance, and operating costs, and a rent of $1.00 for the term of the lease; '(2) the lease term shall be for 99 years, and all improvements on such property shall revert to the ownership of the United States at the conclusion of the term; '(3) such Red Cross Chapter may (at the expense of such Chapter) demolish the improvements on such property or any improvements constructed on such property after the date of enactment of this section (Nov. 8, 1988), build, own, operate, and maintain new improvements, enter into leases, finance improvements (and mortgage any improvements and the leasehold estate), and in all manner deal with the property subject only to the condition that the ownership interest of the United States in the land shall not be adversely affected; '(4) any space not needed for the operations of such Red Cross Chapter or the American National Red Cross in any building or improvement constructed on such property shall be first made available for use by Federal agencies at rental rates and other related expenses that are less than fair market value and reflect the value of the property provided to such Red Cross Chapter under the provisions of this Act; '(5) the United States shall cooperate with such Red Cross Chapter with respect to any zoning or other matters relating to the development or improvement of such property; and '(6) the plans of any proposed building or improvement for construction after the date of the enactment of this section shall first be approved by the American National Red Cross, the Commission of Fine Arts, and the National Capital Planning Commission. '(b) The enactment of this section may not be construed as establishing a policy of the United States Government to furnish building sites for Red Cross chapters or any eleemosynary institution at any other place.' ------DocID 41136 Document 49 of 1444------ -CITE- 36 USC Sec. 14 -EXPCITE- TITLE 36 CHAPTER 1 -HEAD- Sec. 14. Omitted -COD- CODIFICATION Section, act May 5, 1926, ch. 246, 44 Stat. 403, related to use of temporary buildings upon square 172 in Washington, D.C. See section 13 of this title. ------DocID 41137 Document 50 of 1444------ -CITE- 36 USC Sec. 15 -EXPCITE- TITLE 36 CHAPTER 1 -HEAD- Sec. 15. Memorial building to Women of World War I; expenditures; supervision -STATUTE- The memorial building to commemorate the services and sacrifices of the patriotic women of the United States of America, of its insular possessions, and of the District of Columbia during the World War, erected on the land occupied in part on June 7, 1924, by the Memorial to the Women of the Civil War, the permanent headquarters of the American Red Cross, shall be used by the American National Red Cross. The expenditures for said memorial building shall be made under the direction of a commission consisting of the chairman of the Senate Committee on the Library and the chairman of the House Committee on the Library. Said memorial building shall remain the property of the United States Government but under the supervision of the Administrator of General Services, and the American Red Cross shall at all times be charged with the responsibility, the care, keeping, and maintenance of the said memorial building without expense to the United States. -SOURCE- (June 7, 1924, ch. 369, Sec. 1, 2, 4, 43 Stat. 665, 666; Feb. 26, 1925, ch. 339, Sec. 3, 43 Stat. 983; Ex. Ord. No. 6166, Sec. 2, June 10, 1933; Mar. 2, 1934, ch. 38, Sec. 1, 48 Stat. 389; 1939 Reorg. Plan No. I, Sec. 301, 303, eff. July 1, 1939, 4 F.R. 2729, 53 Stat. 1426, 1427; June 30, 1949, ch. 288, title I, Sec. 103(a), 63 Stat. 380.) -TRANS- TRANSFER OF FUNCTIONS Functions of Federal Works Agency and of all agencies thereof, together with all functions of Federal Works Administrator transferred to Administrator of General Services by section 103(a) of act June 30, 1949. Federal Works Agency and office of Federal Works Administrator abolished by section 103(b) of that act. Section 103 is set out as section 753(b) of Title 40, Public Buildings, Property, and Works. The building provided for in this section was originally placed under supervision of 'Superintendent of Public Buildings and Grounds,' by act June 7, 1924. The office of Public Buildings and Grounds under Chief of Engineers abolished and functions of Chief of Engineers and of Secretary of War with respect thereto transferred to Director of Public Buildings and Public Parks of National Capital by act Feb. 26, 1925. The office of Public Buildings and Public Parks of National Capital abolished and functions thereof transferred to Office of National Parks, Buildings and Reservations of Department of the Interior by Ex. Ord. No. 6166. The name of the latter office changed to 'National Park Service' by act Mar. 2, 1934. Functions of Director of National Park Service relating to public buildings transferred to Federal Works Administrator by section 303(b) of Reorg. Plan No. I of 1939, set out in the Appendix to Title 5, Government Organization and Employees. EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions by act June 30, 1949, effective July 1, 1949, see section 605 of act June 30, 1949, set out as an Effective Date note under section 471 of Title 40, Public Buildings, Property, and Works. ------DocID 41138 Document 51 of 1444------ -CITE- 36 USC Sec. 16 -EXPCITE- TITLE 36 CHAPTER 1 -HEAD- Sec. 16. Exchange of Government-owned cotton for articles containing wool -STATUTE- The American National Red Cross or any other organization to which the Government-owned cotton has been or shall hereafter be delivered pursuant to law is authorized, if it shall be deemed advisable, to exchange any such cotton for cloth or wearing apparel or other articles of clothing containing wool. -SOURCE- (Mar. 3, 1933, ch. 214, 47 Stat. 1544.) ------DocID 41139 Document 52 of 1444------ -CITE- 36 USC Sec. 17 to 17b -EXPCITE- TITLE 36 CHAPTER 1 -HEAD- Sec. 17 to 17b. Repealed. Aug. 10, 1956, ch. 1041, Sec. 53, 70A Stat. 641 -MISC1- Section 17, act July 17, 1953, ch. 222, Sec. 1, 67 Stat. 178, related to use of American Red Cross in cooperation with Armed Forces. See section 2602 of Title 10, Armed Forces. Section 17a, act July 17, 1953, ch. 222, Sec. 2, 67 Stat. 178, related to furnishing of transportation, meals, and quarters to American Red Cross personnel by Government. See section 2602 of Title 10. Section 17b, act July 17, 1953, ch. 222, Sec. 7, 67 Stat. 179, related to status of American Red Cross personnel as Government employees. See section 2602 of Title 10. ------DocID 41140 Document 53 of 1444------ -CITE- 36 USC CHAPTER 1A -EXPCITE- TITLE 36 CHAPTER 1A -HEAD- CHAPTER 1A - DAUGHTERS OF THE AMERICAN REVOLUTION -MISC1- Sec. 18. Corporation created; purposes. 18a. Right to acquire, hold, and dispose of property; constitution, bylaws, and seal; headquarters or principal office. 18b. Annual report; historical material. 18c. Exclusive use of name, emblems, seals, and badges. ------DocID 41141 Document 54 of 1444------ -CITE- 36 USC Sec. 18 -EXPCITE- TITLE 36 CHAPTER 1A -HEAD- Sec. 18. Corporation created; purposes -STATUTE- Mary Park Foster (Mrs. John W. Foster), of Indiana; Mary Virginia Ellet Cabell (Mrs. William D. Cabell), of Virginia; Helen Mason Boynton (Mrs. Henry V. Boynton), of Ohio; Henrietta Greely (Mrs. A. W. Greely), of Washington, District of Columbia; Lelie Dent Saint Clair (Mrs. F. O. Saint Clair), of Maryland; Regina M. Knott (Mrs. A. Leo Knott), of Maryland; Sara Agnes Rice Pryor (Mrs. Roger A. Pryor), of New York; Sarah Ford Judd Goode (Mrs. G. Brown Goode), of Washington, District of Columbia; Mary Desha, of Kentucky; Sue Virginia Field (Mrs. Stephen J. Field), of California; Sallie Kennedy Alexander (Mrs. Thomas Alexander), of Washington, District of Columbia; Rosa Wright Smith, of Washington, District of Columbia; Sarah C. J. Hagan (Mrs. Hugh Hagan), of Georgia; Mary Stiner Putnam (Mrs. John Risley Putnam), of New York; Mary Leighton Shields (Mrs. George H. Shields), of Missouri; Ellen Hardin Walworth, of New York; Mary E. MacDonald (Mrs. Marshall MacDonald), of Virginia; Eugenia Washington, of Virginia; Alice M. Clarke (Mrs. A. Howard Clarke), of Massachusetts; Clara Barton, of Washington, District of Columbia; Mary S. Lockwood, of Washington, District of Columbia; Frances B. Hamlin (Mrs. Teunis S. Hamlin), of Washington, District of Columbia; Martha C. B. Clarke (Mrs. Arthur E. Clarke), of New Hampshire; Lucia E. Blount (Mrs. Henry Blount), of Indiana; Jennie A. O. Keim (Mrs. Randolph De B. Keim), of Connecticut; Louise Ward McAllister, of New York; Effie Ream Osborne (Mrs. Frank Stuart Osborne), of Illinois; Marie Devereux, of Washington, District of Columbia; Belinda O. Wilbour (Mrs. Joshua Wilbour), of Rhode Island; Georgina E. Shippen (Mrs. W. W. Shippen), of New Jersey; Julia K. Hogg (Mrs. N. B. Hogg), of Pennsylvania; Katherine C. Breckinridge (Mrs. Clifton R. Breckinridge), of Arkansas; Sara Isabella Hubbard (Mrs. Adolphus S. Hubbard), of California; Mary L. D. Putnam (Mrs. Charles E. Putnam), of Iowa; Delia Clayborne Buckner (Mrs. Simon B. Buckner), of Kentucky; Emily Marshall Eliot (Mrs. Samuel Eliot), of Massachusetts; Lucy Grey Henry (Mrs. William Wirt Henry), of Virginia; Elizabeth Blair Lee, of Maryland, Mrs. Francis P. Burrows (Mrs. Julius C. Burrows), Mrs. Mary H. McMillan (Mrs. James McMillan), Mrs. Emma Gregory Hull (Mrs. J. A. T. Hull), Mrs. Mary B. K. Washington (Mrs. Joseph Washington), and their associates and successors, are created a body corporate and politic, in the District of Columbia, by the name of The National Society of the Daughters of the American Revolution, for patriotic, historical, and educational purposes, to perpetuate the memory and spirit of the men and women who achieved American independence, by the acquisition and protection of historical spots and the erection of monuments; by the encouragement of historical research in relation to the Revolution and the publication of its results; by the preservation of documents and relics, and of the records of the individual services of Revolutionary soldiers and patriots, and by the promotion of celebrations of all patriotic anniversaries; to carry out the injunction of Washington, in his farewell address to the American people, 'to promote, as an object of primary importance, institutions for the general diffusion of knowledge,' thus developing an enlightened public opinion and affording to young and old such advantages as shall develop in them the largest capacity for performing the duties of American citizens; to cherish, maintain, and extend the institutions of American freedom; to foster true patriotism and love of country, and to aid in securing for mankind all the blessings of liberty. -SOURCE- (Feb. 20, 1896, ch. 23, Sec. 1, 29 Stat. 8.) ------DocID 41142 Document 55 of 1444------ -CITE- 36 USC Sec. 18a -EXPCITE- TITLE 36 CHAPTER 1A -HEAD- Sec. 18a. Right to acquire, hold, and dispose of property; constitution, bylaws, and seal; headquarters or principal office -STATUTE- The society is authorized to acquire by purchase, gift, devise, or bequest and to hold, convey, or otherwise dispose of such property, real or personal, as may be convenient or necessary for its lawful purposes, and may adopt a constitution and make bylaws not inconsistent with law, and may adopt a seal. Said society shall have its headquarters or principal office at Washington, in the District of Columbia. -SOURCE- (Feb. 20, 1896, ch. 23, Sec. 2, 29 Stat. 9; Mar. 3, 1915, ch. 89, 38 Stat. 955; Feb. 5, 1926, ch. 11, 44 Stat. 4; July 30, 1951, ch. 255, 65 Stat. 130; Oct. 1, 1976, Pub. L. 94-443, Sec. 1, 90 Stat. 1475.) -MISC1- AMENDMENTS 1976 - Pub. L. 94-443 substituted provision authorizing the society to acquire, by purchase, gift, devise or bequeath, real and personal property, and to hold, convey or otherwise dispose of it for provision which authorized the society to hold real and personal property in the United States in an amount not to exceed $10,000,000. 1951 - Act July 30, 1951, substituted '$10,000,000' for '$5,000,000'. 1926 - Act Feb. 5, 1926, substituted '$5,000,000' for '$1,000,000'. 1915 - Act Mar. 3, 1915, substituted '$1,000,000' for '$500,000'. ------DocID 41143 Document 56 of 1444------ -CITE- 36 USC Sec. 18b -EXPCITE- TITLE 36 CHAPTER 1A -HEAD- Sec. 18b. Annual report; historical material -STATUTE- The Society shall report annually to the Secretary of the Smithsonian Institution concerning its proceedings, and said Secretary shall communicate to Congress such portion thereof as he may deem of national interest and importance. The Regents of the Smithsonian Institution are authorized to permit said national society to deposit its collections, manuscripts, books, pamphlets, and other material for history in the Smithsonian Institution or in the National Museum, at their discretion, upon such conditions and under such rules as they shall prescribe. -SOURCE- (Feb. 20, 1896, ch. 23, Sec. 3, 29 Stat. 9.) ------DocID 41144 Document 57 of 1444------ -CITE- 36 USC Sec. 18c -EXPCITE- TITLE 36 CHAPTER 1A -HEAD- Sec. 18c. Exclusive use of name, emblems, seals, and badges -STATUTE- The society and its subordinate divisions shall have the sole and exclusive right to use the name 'National Society of the Daughters of the American Revolution'. The society shall have the exclusive and sole right to use, or to allow or refuse the use of, such emblems, seals, and badges as have heretofore been adopted or used by the National Society of the Daughters of the American Revolution. -SOURCE- (Feb. 20, 1896, ch. 23, Sec. 4, as added Oct. 1, 1976, Pub. L. 94-443, Sec. 2, 90 Stat. 1475.) ------DocID 41145 Document 58 of 1444------ -CITE- 36 USC CHAPTER 1B -EXPCITE- TITLE 36 CHAPTER 1B -HEAD- CHAPTER 1B - AMERICAN HISTORICAL ASSOCIATION -MISC1- Sec. 20. Corporation created; purposes; right to hold property; constitution, by-laws, and seal; principal office; reports; historical material. ------DocID 41146 Document 59 of 1444------ -CITE- 36 USC Sec. 20 -EXPCITE- TITLE 36 CHAPTER 1B -HEAD- Sec. 20. Corporation created; purposes; right to hold property; constitution, by-laws, and seal; principal office; reports; historical material -STATUTE- Andrew D. White, of Ithaca, in the State of New York; George Bancroft, of Washington, in the District of Columbia; Justin Winsor, of Cambridge, in the State of Massachusetts; William F. Poole, of Chicago, in the State of Illinois; Herbert B. Adams, of Baltimore, in the State of Maryland; Clarence W. Bowen, of Brooklyn, in the State of New York, their associates and successors, are created in the District of Columbia a body corporate and politic, by the name of the American Historical Association, for the promotion of historical studies, the collection and preservation of historical manuscripts, and for kindred purposes in the interest of American history and of history in America. Said association is authorized to hold real and personal estate in the District of Columbia so far only as may be necessary to its lawful ends, to adopt a constitution, and to make by-laws not inconsistent with law. Said association shall have its principal office at Washington, in the District of Columbia, and may hold its annual meetings in such places as the said incorporators shall determine. Said association shall report annually to the Secretary of the Smithsonian Institution concerning its proceedings and the condition of historical study in America. Said Secretary shall communicate to Congress the whole of such reports, or such portion thereof as he shall see fit. The Regents of the Smithsonian Institution are authorized to permit said association to deposit its collections, manuscripts, books, pamphlets, and other material for history in the Smithsonian Institution or in the National Museum; at their discretion, upon such conditions and under such rules as they shall prescribe. -SOURCE- (Jan. 4, 1889, ch. 20, 25 Stat. 640; July 3, 1957, Pub. L. 85-83, Sec. 1, 71 Stat. 276.) -MISC1- AMENDMENTS 1957 - Pub. L. 85-83 substituted 'as may be necessary to its lawful ends' for 'only as may be necessary to its lawful ends to an amount not exceeding five hundred thousand dollars'. TAX EXEMPTION OF REAL PROPERTY Section 2 of Pub. L. 85-83 provided that: 'The real property situated in Square 817, in the city of Washington, District of Columbia, described as lot 23, owned, occupied, and used by the American Historical Association, is exempt from all taxation so long as the same is so owned and occupied, and not used for commercial purposes, subject to the provisions of sections 2, 3, and 5 of the Act entitled 'An Act to define the real property exempt from taxation in the District of Columbia', approved December 24, 1942 (56 Stat. 1089; D.C. Code, secs. 47-801b, 47-801c, and 47-801e) (47-1005, 47-1007, and 47-1009).' -CROSS- CROSS REFERENCES Smithsonian Institution - Distribution of reports, see section 1341 of Title 44, Public Printing and Documents. Duties of Secretary, see sections 44 and 46 of Title 20, Education. Regents, see sections 42 to 44 of Title 20. ------DocID 41147 Document 60 of 1444------ -CITE- 36 USC CHAPTER 1C -EXPCITE- TITLE 36 CHAPTER 1C -HEAD- CHAPTER 1C - SONS OF THE AMERICAN REVOLUTION -MISC1- Sec. 20a. Corporation created. 20b. Purposes of corporation. 20c. Powers of corporation; restriction. 20d. Trustees. 20e. First meeting. 20f. Acceptance of charter. 20g. Reservation of right to amend or repeal chapter. ------DocID 41148 Document 61 of 1444------ -CITE- 36 USC Sec. 20a -EXPCITE- TITLE 36 CHAPTER 1C -HEAD- Sec. 20a. Corporation created -STATUTE- Francis Henry Appleton, of Massachusetts; Lucius P. Deming, of Connecticut; William Seward Webb, of Vermont; Horace Porter, of New York; Joseph C. Breckinridge, of Washington, District of Columbia; Franklin Murphy, of New Jersey; Walter S. Logan, of New York; Edwin Warfield, of Maryland; Edwin S. Greeley, of Connecticut; James D. Hancock, of Pennsylvania; Morris B. Beardsley, of Connecticut; John C. Lewis, of Kentucky; Henry Stockbridge, of Maryland; Nelson A. McClary, of Illinois; A. Howard Clark, of Washington, District of Columbia; Isaac W. Birdseye, of Connecticut; William K. Wickes, of New York; J. W. Atwood, of Ohio; J. W. Whiting, of Alabama; Ricardo E. Miner, of Arizona; Joseph M. Hill, of Arkansas; Alexander G. Eells, of California; Clarkson N. Guyer, of Colorado; Jonathan Trumbull, of Connecticut; Thomas F. Bayard, of Delaware; William H. Bayly, of Washington, District of Columbia; William S. Keyser, of Florida; Charles M. Cook, of Hawaii; Inman H. Fowler, of Indiana; Eugene Secor, of Iowa; John M. Meade, of Kansas; Peter F. Pescud, of Louisiana; Waldo Pettengill, of Maine; James D. Iglehart, of Maryland; Moses G. Parker, of Massachusetts; Rufus W. Clark, of Michigan; James C. Haynes, of Minnesota; Ashley Cabell, of Missouri; Ogden A. Southmayd, of Montana; Amos Field, of Nebraska; Daniel C. Roberts, of New Hampshire; J. Franklin Fort, of New Jersey; William A. Marble, of New York; Isaac F. Mack, of Ohio; Henry H. Edwards, of Oklahoma; Thomas M. Anderson, of Oregon; William L. Jones, of Pennsylvania; John E. Studely, of Rhode Island; Theodore G. Carter, of South Dakota; J. A. Cartwright, of Tennessee; I. M. Standifer, of Texas; Fred A. Hale, of Utah; Henry D. Holton, of Vermont; Lunsford L. Lewis, of Virginia; Cornelius H. Hanford, of Washington; J. Franklin Pierce, of Wisconsin; Truman G. Avery, of New York; William W. J. Warren, of New York; Henry V. A. Joslin, of Rhode Island; John Paul Earnest, of Washington, District of Columbia; A. S. Hubbard, of California, and all such other persons as may from time to time be associated with them, and their successors, are hereby constituted a body corporate and politic, in the city of Washington, in the District of Columbia, by the name of the National Society of the Sons of the American Revolution. -SOURCE- (June 9, 1906, ch. 3065, Sec. 1, 34 Stat. 227.) ------DocID 41149 Document 62 of 1444------ -CITE- 36 USC Sec. 20b -EXPCITE- TITLE 36 CHAPTER 1C -HEAD- Sec. 20b. Purposes of corporation -STATUTE- The purposes and objects of corporation are declared to be patriotic, historical, and educational, and shall include those intended or designed 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; to unite and promote fellowship among their descendants; to inspire them and the community at large with a more profound reverence for the principles of the Government founded by our forefathers; to encourage historical research in relation to the American Revolution; to acquire and preserve the records of the individual services of the patriots of the war, as well as documents, relics, and landmarks; to mark the scenes of the Revolution by appropriate memorials; to celebrate the anniversaries of the prominent events of the war and of the Revolutionary period; to foster true patriotism; to maintain and extend the institutions of American freedom, and 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. -SOURCE- (June 9, 1906, ch. 3065, Sec. 2, 34 Stat. 227.) ------DocID 41150 Document 63 of 1444------ -CITE- 36 USC Sec. 20c -EXPCITE- TITLE 36 CHAPTER 1C -HEAD- Sec. 20c. Powers of corporation; restriction -STATUTE- The corporation shall have power to receive, purchase, hold, sell, and convey real and personal estate, so far only as may be necessary or convenient for its lawful purposes; to sue and be sued, complain and defend in any court; to adopt a common seal, and to alter the same at pleasure; to make and adopt a constitution, by-laws, rules, and regulations for admission, government, suspension, and expulsion of its members, and from time to time to alter and repeal such constitution, by-laws, rules, and regulations, and to adopt others in their places; to provide for the election of its officers and to define their duties; to provide for State societies or chapters with rules for their conduct, and to regulate and provide for the management, safe-keeping, and protection of its property and funds: Provided always, That such constitution, by-laws, rules, and regulations be not inconsistent with the laws of the United States or any of the States thereof. -SOURCE- (June 9, 1906, ch. 3065, Sec. 3, 34 Stat. 228; Sept. 8, 1961, Pub. L. 87-214, 75 Stat. 489.) -MISC1- AMENDMENTS 1961 - Pub. L. 87-214 struck out 'to an amount not exceeding at any one time in the aggregate $500,000' after 'convenient for its lawful purposes'. ------DocID 41151 Document 64 of 1444------ -CITE- 36 USC Sec. 20d -EXPCITE- TITLE 36 CHAPTER 1C -HEAD- Sec. 20d. Trustees -STATUTE- The property and affairs of said corporation shall be managed by not less than forty trustees, who shall be elected annually at such time as shall be fixed by the by-laws, and at least one trustee shall be elected annually from a list of nominees to be made by each of the State societies and submitted in this society at least thirty days before the annual meeting, in accordance with the general provisions regulating such nominations as may be adopted by this society. -SOURCE- (June 9, 1906, ch. 3065, Sec. 4, 34 Stat. 228; Feb. 6, 1925, ch. 142, 43 Stat. 808.) -MISC1- AMENDMENTS 1925 - Act Feb. 6, 1925, struck out 'more than sixty nor' before 'less than forty trustees'. ------DocID 41152 Document 65 of 1444------ -CITE- 36 USC Sec. 20e -EXPCITE- TITLE 36 CHAPTER 1C -HEAD- Sec. 20e. First meeting -STATUTE- The first meeting of this corporation shall be held on a call issued by any fifteen of the above-named corporators by a written notice signed by them, stating the time and place of meeting, addressed to each of the corporators personally named herein and deposited in the post-office at least five days before the day of meeting. -SOURCE- (June 9, 1906, ch. 3065, Sec. 5, 34 Stat. 228.) ------DocID 41153 Document 66 of 1444------ -CITE- 36 USC Sec. 20f -EXPCITE- TITLE 36 CHAPTER 1C -HEAD- Sec. 20f. Acceptance of charter -STATUTE- This charter shall take effect upon its being accepted by a majority vote of the corporators named herein who shall be present at said meeting, or at any other meeting specially called for that purpose; and notice of such acceptance shall be given by said corporation by causing a certificate to that effect signed by its president and secretary to be filed in the office of the Secretary of State. -SOURCE- (June 9, 1906, ch. 3065, Sec. 6, 34 Stat. 228.) ------DocID 41154 Document 67 of 1444------ -CITE- 36 USC Sec. 20g -EXPCITE- TITLE 36 CHAPTER 1C -HEAD- Sec. 20g. Reservation of right to amend or repeal chapter -STATUTE- Congress reserves the right to alter, amend, or repeal this chapter. -SOURCE- (June 9, 1906, ch. 3065, Sec. 7, 34 Stat. 228.) ------DocID 41155 Document 68 of 1444------ -CITE- 36 USC CHAPTER 2 -EXPCITE- TITLE 36 CHAPTER 2 -HEAD- CHAPTER 2 - BOY SCOUTS OF AMERICA -MISC1- Sec. 21. Corporation created. 22. Name and powers of corporation. 23. Purposes of corporation. 24. Acquisition of assets and liabilities of existing corporation; prohibition against issuance of stock or payment of dividends. 25. Executive board; powers. 26. Annual and special meetings; quorum. 27. Exclusive right to emblems, badges, marks, and words or phrases. 28. Annual report. 29. Reservation of right to amend or repeal chapter. ------DocID 41156 Document 69 of 1444------ -CITE- 36 USC Sec. 21 -EXPCITE- TITLE 36 CHAPTER 2 -HEAD- Sec. 21. Corporation created -STATUTE- Colin H. Livingstone and Ernest P. Bicknell, of Washington, District of Columbia; Benjamin L. Dulaney, of Bristol, Tennessee; Milton A. McRae, of Detroit, Michigan; David Starr Jordan, of Berkeley, California; F. L. Seely, of Asheville, North Carolina; A. Stamford White, of Chicago, Illinois; Daniel Carter Beard, of Flushing, New York; George D. Pratt, of Brooklyn, New York; Franklin C. Hoyt, Jeremiah W. Jenks, Charles P. Neill, Frank Presbrey, Edgar M. Robinson, Mortimer L. Schiff, and James E. West, of New York, New York; G. Barrett Rich, junior, of Buffalo, New York; Robert Garrett, of Baltimore, Maryland; John Sherman Hoyt, of Norwalk, Connecticut; Charles C. Jackson, of Boston, Massachusetts; John H. Nicholson, of Pittsburgh, Pennsylvania; William D. Murray, of Plainfield, New Jersey; and George D. Porter, of Philadelphia, Pennsylvania, their associates and successors, are created a body corporate and politic of the District of Columbia, where its domicile shall be. -SOURCE- (June 15, 1916, ch. 148, Sec. 1, 39 Stat. 227.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 25 of this title. ------DocID 41157 Document 70 of 1444------ -CITE- 36 USC Sec. 22 -EXPCITE- TITLE 36 CHAPTER 2 -HEAD- Sec. 22. Name and powers of corporation -STATUTE- The name of the corporation created by this chapter shall be 'Boy Scouts of America', and by that name it shall have perpetual succession, with power to sue and be sued in courts of law and equity within the jurisdiction of the United States; to hold such real and personal estate as shall be necessary for corporate purposes, and to receive real and personal property by gift, devise, or bequest; to adopt a seal, and the same to alter and destroy at pleasure; to have offices and conduct its business and affairs within and without the District of Columbia and in the several States and Territories of the United States; to make and adopt by-laws, rules, and regulations not inconsistent with the laws of the United States of America, or any State thereof, and generally to do all such acts and things (including the establishment of regulations for the election of associates and successors) as may be necessary to carry into effect the provisions of this chapter and promote the purposes of said corporation. -SOURCE- (June 15, 1916, ch. 148, Sec. 2, 39 Stat. 227.) ------DocID 41158 Document 71 of 1444------ -CITE- 36 USC Sec. 23 -EXPCITE- TITLE 36 CHAPTER 2 -HEAD- Sec. 23. Purposes of corporation -STATUTE- The purpose of the corporation shall be to promote, through organization, and cooperation with other agencies, the ability of boys to do things for themselves and others, to train them in scoutcraft, and to teach them patriotism, courage, self-reliance, and kindred virtues, using the methods which were in common use by Boy Scouts on June 15, 1916. -SOURCE- (June 15, 1916, ch. 148, Sec. 3, 39 Stat. 228.) ------DocID 41159 Document 72 of 1444------ -CITE- 36 USC Sec. 24 -EXPCITE- TITLE 36 CHAPTER 2 -HEAD- Sec. 24. Acquisition of assets and liabilities of existing corporation; prohibition against issuance of stock or payment of dividends -STATUTE- Said corporation may acquire, by way of gift, all the assets of the existing national organization of Boy Scouts, a corporation under the laws of the District of Columbia, and defray and provide for any debts or liabilities to the discharge of which said assets shall be applicable; but said corporation shall have no power to issue certificates of stock or to declare or pay dividends, its object and purposes being solely of a benevolent character and not for pecuniary profit to its members. -SOURCE- (June 15, 1916, ch. 148, Sec. 4, 39 Stat. 228.) ------DocID 41160 Document 73 of 1444------ -CITE- 36 USC Sec. 25 -EXPCITE- TITLE 36 CHAPTER 2 -HEAD- Sec. 25. Executive board; powers -STATUTE- The governing body of the said Boy Scouts of America shall consist of an executive board composed of citizens of the United States. The number, qualifications, and terms of office of members of the executive board shall be prescribed by the by-laws. The persons mentioned in section 21 of this title shall constitute the first executive board and shall serve until their successors are elected and have qualified. Vacancies in the executive board shall be filled by a majority vote of the remaining members thereof. The bylaws may prescribe the number of members of the executive board necessary to constitute a quorum of the board, which number may be less than a majority of the whole number of the board. The executive board shall have power to make and to amend the bylaws, and, by a two-thirds vote of the whole board at a meeting called for this purpose, may authorize and cause to be executed mortgages and liens upon the property of the corporation. The executive board may, by resolution passed by a majority of the whole board, designate three or more of their number to constitute an executive or governing committee, of which a majority shall constitute a quorum, which committee, to the extent provided in said resolution or in the bylaws of the corporation, shall have and exercise the powers of the executive board in the management of the business affairs of the corporation, and may have power to authorize the seal of the corporation to be affixed to all papers which may require it. The executive board, by the affirmative vote of a majority of the whole board, may appoint any other standing committees, and such standing committees shall have and may exercise such powers as shall be conferred or authorized by the bylaws. With the consent in writing and pursuant to an affirmative vote of a majority of the members of said corporation, the executive board shall have authority to dispose in any manner of the whole property of the corporation. -SOURCE- (June 15, 1916, ch. 148, Sec. 5, 39 Stat. 228.) -CROSS- CROSS REFERENCES Citizenship clause, see Const. Amend. 14, Sec. 1. ------DocID 41161 Document 74 of 1444------ -CITE- 36 USC Sec. 26 -EXPCITE- TITLE 36 CHAPTER 2 -HEAD- Sec. 26. Annual and special meetings; quorum -STATUTE- An annual meeting of the incorporators, their associates and successors, shall be held once in every year after the year of incorporation, at such time and place as shall be prescribed in the bylaws, when the annual reports of the officers and executive board shall be presented and members of the executive board elected for the ensuing year. Special meetings of the corporation may be called upon such notice as may be prescribed in the bylaws. The number of members which shall constitute a quorum at any annual or special meeting shall be prescribed in the bylaws. The members and executive board shall have power to hold their meetings and keep the seal, books, documents, and papers of the corporation within or without the District of Columbia. -SOURCE- (June 15, 1916, ch. 148, Sec. 6, 39 Stat. 228.) ------DocID 41162 Document 75 of 1444------ -CITE- 36 USC Sec. 27 -EXPCITE- TITLE 36 CHAPTER 2 -HEAD- Sec. 27. Exclusive right to emblems, badges, marks, and words or phrases -STATUTE- The corporation shall have the sole and exclusive right to have and to use, in carrying out its purposes, all emblems and badges, descriptive or designating marks, and words or phrases now or heretofore used by the Boy Scouts of America in carrying out its program, it being distinctly and definitely understood, however, that nothing in this chapter shall interfere or conflict with established or vested rights. -SOURCE- (June 15, 1916, ch. 148, Sec. 7, 39 Stat. 228.) -CROSS- CROSS REFERENCES Right to wear uniforms, see section 772 of Title 10, Armed Forces. Trade-mark provisions of section 1051 et seq. of Title 15 not to repeal or affect this section, see section 48 of act July 5, 1946, set out as a note under section 1051 of Title 15, Commerce and Trade. ------DocID 41163 Document 76 of 1444------ -CITE- 36 USC Sec. 28 -EXPCITE- TITLE 36 CHAPTER 2 -HEAD- Sec. 28. Annual report -STATUTE- On or before the 1st day of April of each year the said Boy Scouts of America shall make and transmit to Congress a report of its proceedings for the year ending December 31 preceding. -SOURCE- (June 15, 1916, ch. 148, Sec. 8, 39 Stat. 229; Aug. 30, 1964, Pub. L. 88-504, Sec. 4(1), 78 Stat. 636.) -MISC1- AMENDMENTS 1964 - Pub. L. 88-504 struck out ', including a full, complete, and itemized report of receipts and expenditures, of whatever kind' after 'December 31 preceding'. ------DocID 41164 Document 77 of 1444------ -CITE- 36 USC Sec. 29 -EXPCITE- TITLE 36 CHAPTER 2 -HEAD- Sec. 29. Reservation of right to amend or repeal chapter -STATUTE- Congress shall have the right to repeal, alter, or amend this chapter at any time. -SOURCE- (June 15, 1916, ch. 148, Sec. 9, 39 Stat. 229.) ------DocID 41165 Document 78 of 1444------ -CITE- 36 USC CHAPTER 2A -EXPCITE- TITLE 36 CHAPTER 2A -HEAD- CHAPTER 2A - GIRL SCOUTS OF AMERICA -MISC1- Sec. 31. Corporation created. 32. Name and powers of corporation. 33. Purposes of corporation. 34. National Council; powers; board of directors; executive committee. 35. Regular and special meetings. 36. Exclusive right to emblems, badges, marks, and words or phrases. 37. Annual report. 38. Acquisition of assets and liabilities of existing corporation. 38a. Reservation of right to amend or repeal chapter. 39. Printing annual report. ------DocID 41166 Document 79 of 1444------ -CITE- 36 USC Sec. 31 -EXPCITE- TITLE 36 CHAPTER 2A -HEAD- Sec. 31. Corporation created -STATUTE- Mrs. Harry S. Truman, of Independence, Missouri; Mrs. Woodrow Wilson, of Washington, District of Columbia; Mrs. Calvin Coolidge, of Northampton, Massachusetts; Mrs. Franklin D. Roosevelt, of Hyde Park, New York; Mrs. Arthur O. Choate, of New York, New York; Mrs. Frederick H. Brooke, of Washington, District of Columbia; Mrs. Vance C. McCormick, of Harrisburg, Pennsylvania; Mrs. Harvey S. Mudd, of Los Angeles, California; Mrs. Alan H. Means, of Los Angeles, California; Mrs. C. Vaughan Ferguson, of Schenectady, New York; Doctor Mary H. S. Hayes, of New York, New York; Mrs. Walter N. Rothschild, of New York, New York; Mrs. Charles Kendrick, of San Francisco, California; Mrs. Frederick H. Bucholz, of Omaha, Nebraska; Mrs. Nathan Mobley, of Greenwich, Connecticut; Mrs. Amory Houghton, of Corning, New York; Mrs. Gordon Hunger, of Scarsdale, New York; Mrs. Charles H. Ridder, of New York, New York; Mrs. Paul Rittenhouse, of New York, New York; Mrs. Alfred R. Bachrach, of New York, New York; Mrs. Stanlee T. Bates, of Cleveland Heights, Ohio; Mrs. D. D. Bovaird, of Tulsa, Oklahoma; Mrs. W. Wright Byran, of Atlanta, Georgia; Mrs. R. A. Burnett, of Amarillo, Texas; Mrs. Cyril T. Carney, of Des Moines, Iowa; Mrs. Leonard G. Carpenter, of Crystal Bay, Minnesota; Mrs. Everett Case, of Hamilton, New York; Doctor Rosalind Cassidy, of Santa Monica, California; Mrs. H. S. Fenimore Cooper, of Cooperstown, New York; Mrs. J. Roger DeWitt, of Independence, Missouri; Mrs. R. T. Dozier, of Montgomery, Alabama; Mrs. Charles W. Farnsworth, of Concord, Massachusetts; Mrs. Merritt Farrell, of Newtown, Ohio; Mrs. W. V. M. Fawcett, of Newton, Massachusetts; Mrs. J. T. Finlen, of Butte, Montana; Mrs. John A. Frick, of Allentown, Pennsylvania; Mrs. A. B. Graham, of Portland, Oregon; Mrs. Edward F. Johnson, of Scarsdale, New York; Mrs. Charles H. Larkin Second, of Eden, New York; Mrs. Roy F. Layton, of Chevy Chase, Maryland; Mrs. James P. McGranery, of Philadelphia, Pennsylvania; Mrs. Julius Mark, of New York, New York; Miss Clementine Miller, of Columbus, Indiana; Mrs. Dudley H. Mills, of Glen Head, Long Island, New York; Mrs. Hilleary L. Murray, of Minneapolis, Minnesota; Mrs. C. E. Robbins, of Pierre, South Dakota; Mrs. Harry M. Robbins, of Seattle, Washington; Mrs. Snelling Robinson, of Lake Forest, Illinois; Mrs. Harry M. Sartoris, of Washington, District of Columbia; Mrs. Theodore Squier, of Milwaukee, Wisconsin; Miss Dorothea Sullivan, of Washington, District of Columbia; Mrs. John Arthur Thum, of Glendora, California; Mrs. George L. Todd, of Rochester, New York; Mrs. Abe D. Waldauer, of Memphis, Tennessee; Mrs. Frank L. Weil, of New York, New York; Mrs. John M. Whalen, of Kingston, Rhode Island; Mrs. William T. Wilson, Junior, of Winston-Salem, North Carolina; Mrs. Albert E. Winger, of New York, New York; Mrs. Arthur Woods, of Washington, District of Columbia, officers, directors, or members; and their associates and successors, constituting Girl Scouts of the United States of America, a membership corporation organized under the laws of the District of Columbia (hereinafter referred to as the 'old corporation'), are incorporated a body corporate and politic of the District of Columbia, where its domicile shall be. -SOURCE- (Mar. 16, 1950, ch. 62, Sec. 1, 64 Stat. 22.) ------DocID 41167 Document 80 of 1444------ -CITE- 36 USC Sec. 32 -EXPCITE- TITLE 36 CHAPTER 2A -HEAD- Sec. 32. Name and powers of corporation -STATUTE- The name of such corporation shall be Girl Scouts of the United States of America (hereinafter referred to as the 'corporation'), and by that name it shall have perpetual succession, with power to sue and be sued in courts of law and equity within the jurisdiction of the United States; to take, receive, and hold, in trust or otherwise, and to sell and convey real and personal property necessary for its corporate purposes, and other real and personal property, the income from which shall be applied to its corporate purposes; to adopt a seal, and to alter or destroy such seal; to have offices and to conduct its business and affairs within and without the District of Columbia and in the several States, Territories, and possessions of the United States; to adopt a constitution, bylaws, rules, and regulations (including regulations for the election of associates and successors) not inconsistent with the laws of the United States, or any State thereof, and from time to time to alter such constitution, bylaws, rules, and regulations and generally to perform such acts as may be necessary to carry out the purposes of this chapter and promote the purposes of the corporation. -SOURCE- (Mar. 16, 1950, ch. 62, Sec. 2, 64 Stat. 23.) ------DocID 41168 Document 81 of 1444------ -CITE- 36 USC Sec. 33 -EXPCITE- TITLE 36 CHAPTER 2A -HEAD- Sec. 33. Purposes of corporation -STATUTE- The purposes of the corporation shall be to promote the qualities of truth, loyalty, helpfulness, friendliness, courtesy, purity, kindness, obedience, cheerfulness, thriftiness, and kindred virtues among girls, as a preparation for their responsibilities in the home and for service to the community, to direct and coordinate the Girl Scout movement in the United States, its Territories, and possessions, and to fix and maintain standards for the movement which will inspire the rising generation with the highest ideals of character, patriotism, conduct, and attainment, which purposes shall be nonsectarian, nonpolitical, and not for pecuniary profit. -SOURCE- (Mar. 16, 1950, ch. 62, Sec. 3, 64 Stat. 23.) ------DocID 41169 Document 82 of 1444------ -CITE- 36 USC Sec. 34 -EXPCITE- TITLE 36 CHAPTER 2A -HEAD- Sec. 34. National Council; powers; board of directors; executive committee -STATUTE- There shall be a National Council of Girl Scouts (hereinafter referred to as the 'national council'), which shall have power to make and amend a constitution and bylaws, and to elect a board of directors, and officers and agents. The number, qualifications, and terms of office of members of the national council shall be prescribed by the constitution, except that they shall be citizens of the United States. The constitution may prescribe the number of members of the national council necessary to constitute a quorum, which number may be less than a majority of the whole number. The affairs of the corporation between meetings of the national council shall be managed by a board of directors, except that the bylaws may provide for an executive committee to exercise the powers of the board of directors in the interim between its meetings, and for other committees to operate under the general supervision of the board of directors. The number, qualifications, and terms of office of members of the board of directors shall be prescribed by the constitution. The constitution may prescribe the number of members of the board of directors necessary to constitute a quorum which number shall not be less than twenty, or two-fifths of the whole number. The board of directors, to the extent provided in the constitution and bylaws, shall have the powers of the national council, in the interim between its meetings. The national council, or between meetings thereof, the board of directors, may authorize and cause to be executed leases, mortgages, and liens upon, and sales and conveyances of, any of the property of the corporation; and the proceeds arising therefrom shall be applied or invested for the use and benefit of the corporation. -SOURCE- (Mar. 16, 1950, ch. 62, Sec. 4, 64 Stat. 23; Aug. 14, 1953, ch. 486, Sec. 1, 67 Stat. 582.) -MISC1- AMENDMENTS 1953 - Act Aug. 14, 1953, made it clear that only citizens of the United States may be members of the National Council. -CROSS- CROSS REFERENCES Citizenship clause, see Const. Amend. 14, Sec. 1. ------DocID 41170 Document 83 of 1444------ -CITE- 36 USC Sec. 35 -EXPCITE- TITLE 36 CHAPTER 2A -HEAD- Sec. 35. Regular and special meetings -STATUTE- Meetings of the national council shall be held as provided in the constitution, for elections, and to receive the reports of the officers and board of directors. Special meetings may be called as prescribed in the constitution. The national council and the board of directors shall have power to hold meetings and keep the seal, books, documents, and papers of the corporation within or without the District of Columbia. -SOURCE- (Mar. 16, 1950, ch. 62, Sec. 5, 64 Stat. 24; Aug. 14, 1953, ch. 486, Sec. 1, 67 Stat. 582.) -MISC1- AMENDMENTS 1953 - Act Aug. 14, 1953, struck out provision that there must be a meeting of the National Council at least once every two years. ------DocID 10189 Document 84 of 1444------ -CITE- 7 USC CHAPTER 36 -EXPCITE- TITLE 7 CHAPTER 36 -HEAD- CHAPTER 36 - CROP INSURANCE -MISC1- Sec. 1501. Short title; application of other laws. 1502. Declaration of purpose 1503. Federal Crop Insurance Corporation; creation; offices. 1504. Capital stock of Corporation; subscription by United States; appropriations; cancellation of receipts for stock payments; nonliability of Corporation for receipts. 1504a. Capitalization of Corporation. 1505. Board of directors, compensation; manager of Corporation. 1506. General powers. (a) Succession. (b) Corporate seal. (c) Property. (d) Suit. (e) Bylaws and regulations. (f) Mails. (g) Assistance. (h) Data collection. (i) Expenditures. (j) Other powers. (k) Contracts. (l) Submission of certain information. (m) Penalties. 1506a, 1506b. Omitted. 1507. Personnel of Corporation. (a) Appointment; civil service exemption; compensation. (b) Application of employees' compensation law. (c) Use of associations of producers and private insurance companies; payment of administrative and program expenses; sale of crop insurance through private agents and brokers; renewals, exclusion of compensation from premium rates, indemnification for errors or omissions of Commission or its contractors. (d) Allotment of funds to Federal and State agencies. (e) Utilization of producer cooperative associations. (f) Use of resources, data, boards, and committees of Federal agencies. 1508. Crop insurance. (a) Authority to offer insurance. (b) Submission of policies and materials to Board. (c) Actuarial soundness. (d) Adoption of rates and coverages. (e) Premiums. (f) Claims for losses. (g) Special rule for cotton. (h) Reinsurance. (i) Application to other areas. (j) Optional coverages. (k) Repealed. (l) Research. (m) Crop insurance for dry edible beans. (n) Information collection on crop insurance. 1508a. Crop insurance yield coverage. (a) In general. (b) Yield coverage. (c) Use of yield coverage provisions. 1509. Exemption of indemnities from levy. 1510. Deposit and investment of funds; Federal Reserve banks as fiscal agents. 1511. Tax exemption. 1512. Corporation as fiscal agent of Government. 1513. Books of account and annual reports of Corporation. 1514. Crimes and offenses. (a) to (e) Repealed. (f) Application of laws on interest of members of Congress in contracts. 1515. Repealed. 1516. Authorization of appropriations. (a) Operating and administrative costs; allotment determination; payments from premium income and other Corporation funds; appropriation restoration of payments; additional personnel limitation; emergencies exception; use of indemnity funds to pay administrative and operating expenses incurred during fiscal 1981. (b) Regulations. (c) Emergency funding in case of insufficient moneys. (d) Borrowing authority and necessity of authorization; form, denomination, maturity, terms and conditions, redemption, rate of interest, and purchase and sale of obligations by Secretary of Treasury; public debt transactions. 1517. Separability. 1518. 'Agricultural commodity' defined. 1519. Amendment or repeal. 1520. Persons under twenty-one years of age. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 1301, 1391, 1441-1, 1441-2, 1444-1, 1444-2, 1444e, 1444f, 1445b-3, 1445b-3a, 1961 of this title; title 12 section 1150a; title 16 sections 3811, 3821; title 21 section 889. ------DocID 41172 Document 85 of 1444------ -CITE- 36 USC Sec. 37 -EXPCITE- TITLE 36 CHAPTER 2A -HEAD- Sec. 37. Annual report -STATUTE- On or before the first day of April of each year the corporation shall make and transmit to Congress a report of its proceedings for the preceding fiscal year. -SOURCE- (Mar. 16, 1950, ch. 62, Sec. 7, 64 Stat. 24; Aug. 14, 1953, ch. 486, Sec. 2, 67 Stat. 583; Aug. 30, 1964, Pub. L. 88-504, Sec. 4(2), 78 Stat. 636.) -MISC1- AMENDMENTS 1964 - Pub. L. 88-504 struck out ', including a full, complete, and itemized report of receipts and expenditures of whatever kind' after 'fiscal year'. 1953 - Act Aug. 14, 1953, substituted 'for the preceding fiscal year' for 'for the year ending December 31, preceding' after 'its proceedings'. ------DocID 41173 Document 86 of 1444------ -CITE- 36 USC Sec. 38 -EXPCITE- TITLE 36 CHAPTER 2A -HEAD- Sec. 38. Acquisition of assets and liabilities of existing corporation -STATUTE- On March 16, 1950, the separate existence of the old corporation shall cease and the old corporation shall be merged into the corporation. The corporation shall possess all the public and private rights, privileges, powers, and franchises and shall be subject to all the restrictions, disabilities, and duties of the old corporation so merged into it, and all of the rights, privileges, powers, and franchises of the old corporation, and all property - real, personal, and mixed - and all debts due it on whatever account shall be vested in the corporation; and all property, rights, privileges, powers, and franchises and all other interests of the old corporation shall be the property of the corporation and the title to any real estate vested in the old corporation by deed or otherwise, under the laws of the District of Columbia or any State, shall not revert or be in any way impaired by reason of this chapter: Provided, however, That all rights of creditors and all liens upon any property of the old corporation shall be preserved unimpaired and all its debts, liabilities, and duties shall attach to the corporation and may be enforced against it to the same extent as if such debts, liabilities, and duties had been incurred or contracted by it. -SOURCE- (Mar. 16, 1950, ch. 62, Sec. 8, 64 Stat. 24.) ------DocID 41174 Document 87 of 1444------ -CITE- 36 USC Sec. 38a -EXPCITE- TITLE 36 CHAPTER 2A -HEAD- Sec. 38a. Reservation of right to amend or repeal chapter -STATUTE- Congress shall have the right to repeal, alter, or amend this chapter at any time. -SOURCE- (Mar. 16, 1950, ch. 62, Sec. 9, 64 Stat. 24.) ------DocID 41175 Document 88 of 1444------ -CITE- 36 USC Sec. 39 -EXPCITE- TITLE 36 CHAPTER 2A -HEAD- Sec. 39. Printing annual report -STATUTE- The annual report of the Girl Scouts of the United States of America shall be printed each year, with accompanying illustrations, as a separate House document of the session of the Congress to which such report may be submitted. -SOURCE- (Apr. 16, 1951, ch. 29, 65 Stat. 32.) -COD- CODIFICATION Section was not enacted as part of act Mar. 16, 1950, ch. 62, 64 Stat. 22, which comprises this chapter. ------DocID 41176 Document 89 of 1444------ -CITE- 36 USC CHAPTER 3 -EXPCITE- TITLE 36 CHAPTER 3 -HEAD- CHAPTER 3 - THE AMERICAN LEGION -MISC1- Sec. 41. Corporation created. 42. Completion of organization. 43. Purposes of corporation. 44. Powers of corporation. 45. Membership. 46. Nonpolitical nature of corporation. 47. Acquisition of assets and liabilities of existing organization. 48. Exclusive right to names. 49. Annual report. 50. Agents for service of process. 51. Reservation of right to amend or repeal chapter. ------DocID 41177 Document 90 of 1444------ -CITE- 36 USC Sec. 41 -EXPCITE- TITLE 36 CHAPTER 3 -HEAD- Sec. 41. Corporation created -STATUTE- That the following persons, to wit: William S. Beam, of North Carolina; Charles H. Brent, of New York; William H. Brown, of Connecticut; G. Edward Buxton, junior, of Rhode Island; Bennett C. Clark, of Missouri; Richard Derby, of New York; L. H. Evridge, of Texas; Milton J. Foreman, of Illinois; Ruby D. Garrett, of Missouri; Fred J. Griffith, of Oklahoma; Roy C. Haines, of Maine; John F. J. Herbert, of Massachusetts; Roy Hoffman, of Oklahoma; Fred B. Humphreys, of New Mexico; John W. Inzer, of Alabama; Stuart S. Janney, of Maryland; Luke Lea, of Tennessee; Henry Leonard, of Colorado; Henry D. Lindsley, of Texas; Ogden L. Mills, of New York; Thomas W. Miller, of Delaware; Edward Myers, of Pennsylvania; Franklin D'Olier, of Pennsylvania; W. G. Price, junior, of Pennsylvania; S. A. Ritchie, of New York; Theodore Roosevelt, junior, of New York; Albert A. Sprague, of Illinois; John J. Sullivan, of Washington; Dale Shaw, of Iowa; Daniel G. Stivers, of Montana; H. J. Turney, of Ohio; George A. White, of Oregon; Eric Fisher Wood, of Pennsylvania; George H. Wood, of Ohio; Mathew H. Murphy, of Alabama; Andrew P. Martin, of Arizona; J. J. Harrison, of Arkansas; Henry G. Mathewson, of California; H. A. Saidy, of Colorado; Alfred M. Phillips, junior, of Connecticut; George N. Davis, of Delaware; A. H. Blanding, of Florida; Walter Harris, of Georgia; E. C. Boom, of Idaho; George G. Seaman, of Illinois; Raymond S. Springer, of Indiana; Mathew A. Tinley, of Iowa; W. A. Phares, of Kansas; Henry De Haven Moorman, of Kentucky; T. Semmes Walmsley, of Louisiana; A. L. Robinson, of Maine; James A. Gary, junior, of Maryland; George C. Waldo, of Michigan; Harrison Fuller, of Minnesota; Alexander Fitzhugh, of Mississippi; H. C. Clark, of Missouri; Charles E. Pew, of Montana; John G. Maher, of Nebraska; J. G. Scrugham, of Nevada; Frank Knox, of New Hampshire; Hobart Brown, of New Jersey; Charles M. De Bremon, of New Mexico; C. K. Burgess, of North Carolina; Julius Baker, of North Dakota; F. C. Galbraith, of Ohio; Ross N. Lillard, of Oklahoma; E. J. Eivers, of Oregon; George F. Tyler, of Pennsylvania; Alexander H. Johnson, of Rhode Island; Julius H. Walker, of South Carolina; M. L. Shade, of South Dakota; Roane Waring, of Tennessee; Claude V. Birkhead, of Texas; Wesley E. King, of Utah; Charles Francis Cocke, of Virginia; H. Nelson Jackson, of Vermont; Harvey I. Moss, of Washington; Jackson Arnold, of West Virginia; John C. Davis, of Wisconsin; A. H. Beach, of Wyoming; E. Lester Jones, of the District of Columbia; Lawrence Judd, of Hawaii; Robert R. Landon, of the Philippine Islands; and such persons as may be chosen who are members of the 'American Legion', an unincorporated patriotic society of the soldiers, sailors, and marines of the Great War, 1917 to 1918, known as the 'American Legion', and their successors, are created and declared to be a body corporate. The name of this corporation shall be 'The American Legion.' -SOURCE- (Sept. 16, 1919, ch. 59, Sec. 1, 41 Stat. 284.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 42 of this title. ------DocID 41178 Document 91 of 1444------ -CITE- 36 USC Sec. 42 -EXPCITE- TITLE 36 CHAPTER 3 -HEAD- Sec. 42. Completion of organization -STATUTE- Said persons named in section 41 of this title and such other persons as may be selected from among the membership of the American Legion, an unincorporated society of the soldiers, sailors, and marines of the Great War of 1917-1918, are hereby authorized to meet to complete the organization of said corporation by the selection of officers, the adoption of a constitution and by-laws, and to do all other things necessary to carry into effect the provisions of this chapter, at which meeting any person duly accredited as a delegate from any local or State organization of the existing unincorporated organization known as the 'American Legion' shall be permitted to participate in the proceedings thereof. -SOURCE- (Sept. 16, 1919, ch. 59, Sec. 2, 41 Stat. 284.) ------DocID 41179 Document 92 of 1444------ -CITE- 36 USC Sec. 43 -EXPCITE- TITLE 36 CHAPTER 3 -HEAD- Sec. 43. Purposes of corporation -STATUTE- The purpose of this corporation shall be: To uphold and defend the Constitution of the United States of America; to promote peace and good will among the peoples of the United States and all the nations of the earth; to preserve the memories and incidents of the two World Wars and the other great hostilities fought to uphold democracy; to cement the ties and comradeship born of service; and to consecrate the efforts of its members to mutual helpfulness and service to their country. -SOURCE- (Sept. 16, 1919, ch. 59, Sec. 3, 41 Stat. 285; Oct. 29, 1942, ch. 633, Sec. 1, 56 Stat. 1012; July 26, 1955, ch. 386, Sec. 1, 69 Stat. 379; Sept. 1, 1966, Pub. L. 89-550, Sec. 1, 80 Stat. 371.) -MISC1- AMENDMENTS 1966 - Pub. L. 89-550 substituted 'and the other great hostilities' for 'and the Korean hostilities'. 1955 - Act July 26, 1955, amended section generally, inserting reference to Korean hostilities. 1942 - Act Oct. 29, 1942, amended section generally, inserting reference to the Constitution and to second world war. ------DocID 41180 Document 93 of 1444------ -CITE- 36 USC Sec. 44 -EXPCITE- TITLE 36 CHAPTER 3 -HEAD- Sec. 44. Powers of corporation -STATUTE- The corporation created by this chapter shall have the following powers: To have perpetual succession with power to sue and be sued in courts of law and equity; to receive, hold, own, use, and dispose of such real estate and personal property as shall be necessary for its corporate purposes; to adopt a corporate seal and alter the same at pleasure; to adopt a constitution, bylaws, and regulations to carry out its purposes, not inconsistent with the laws of the United States or of any State; to use, in carrying out the purposes of the corporation, such emblems and badges as it may adopt and to have the exclusive right to manufacture, and to control the right to manufacture, and to use, such emblems and badges as may be deemed necessary in the fulfillment of the purposes of the corporation; to establish and maintain offices for the conduct of its business; to establish State and Territorial organizations and local chapter or post organizations; to publish a magazine or other publications, and generally to do any and all such acts and things as may be necessary and proper in carrying into effect the purposes of the corporation. -SOURCE- (Sept. 16, 1919, ch. 59, Sec. 4, 41 Stat. 285; June 26, 1953, ch. 153, Sec. 1, 67 Stat. 82.) -MISC1- AMENDMENTS 1953 - Act June 26, 1953, inserted provision relating to the exclusive right to manufacture, the use, and control of such emblems and badges deemed necessary in the fulfillment of the purposes of the corporation. -CROSS- CROSS REFERENCES Loan or gift of condemned or obsolete material by Secretary of military department or Secretary of the Treasury, see section 2572 of Title 10, Armed Forces. Penalty for unauthorized manufacture, reproduction, or sale of badges or emblems of veterans' organizations, see section 705 of Title 18, Crimes and Criminal Procedure. Recognition by Secretary of Veterans Affairs of representatives of American Legion for prosecution of claims under laws administered by Department of Veterans Affairs, see section 3402 of Title 38, Veterans' Benefits. ------DocID 41181 Document 94 of 1444------ -CITE- 36 USC Sec. 45 -EXPCITE- TITLE 36 CHAPTER 3 -HEAD- Sec. 45. Membership -STATUTE- No person shall be a member of this corporation unless he has served in the naval or military services of the United States at some time during any of the following periods; (FOOTNOTE 1) April 6, 1917, to November 11, 1918; December 7, 1941, to December 31, 1946; June 25, 1950, to January 31, 1955; December 22, 1961, to May 7, 1975; August 24, 1982, to July 31, 1984; December 20, 1989, to January 31, 1990; all dates inclusive, or who, being a citizen of the United States at the time of entry therein, served in the military or naval service of any governments associated with the United States during said wars or hostilities: Provided, however, That such person shall have an honorable discharge or separation from such service or continues to serve honorably after any of the aforesaid terminal dates. (FOOTNOTE 1) So in original. The semicolon probably should be a colon. -SOURCE- (Sept. 16, 1919, ch. 59, Sec. 5, 41 Stat. 285; Oct. 29, 1942, ch. 633, Sec. 2, 56 Stat. 1012; July 9, 1946, ch. 546, 60 Stat. 524; Dec. 28, 1950, ch. 1177, 64 Stat. 1122; July 26, 1955, ch. 386, Sec. 2, 69 Stat. 380; Sept. 1, 1966, Pub. L. 89-550, Sec. 2, 80 Stat. 372; Dec. 27, 1974, Pub. L. 93-557, 88 Stat. 1792; Aug. 17, 1978, Pub. L. 95-346, 92 Stat. 485; Dec. 21, 1979, Pub. L. 96-155, 93 Stat. 1165; Oct. 30, 1990, Pub. L. 101-478, 104 Stat. 1157.) -MISC1- AMENDMENTS 1990 - Pub. L. 101-478 amended section generally. Prior to amendment, section read as follows: 'No person shall be a member of this corporation unless he has served in the naval or military services of the United States at some time during any of the following periods: April 6, 1917, to November 11, 1918; December 7, 1941, to December 31, 1946; June 25, 1950, to January 31, 1955; December 22, 1961, to May 7, 1975; all dates inclusive, or who, being a citizen of the United States at the time of entry therein, served in the military or naval service of any of the governments associated with the United States during said wars or hostilities: Provided, however, That such person shall have an honorable discharge or separation from such service or continues to serve honorably after any of the aforesaid terminal dates.' 1979 - Pub. L. 96-155 authorized membership in the corporation for service commencing Dec. 22, 1961, rather than Aug. 5, 1964, to May 7, 1975. 1978 - Pub. L. 95-346 substituted 'May 7, 1975' for 'August 15, 1973'. 1975 - Pub. L. 93-557 substituted 'December 31, 1946' for 'September 2, 1945', 'January 31, 1955' for 'July 27, 1953', and 'August 15, 1973' for 'the date of cessation of hostilities as determined by the Government of the United States'. 1966 - Pub. L. 89-550 inserted 'August 5, 1964, to the date of cessation of hostilities as determined by the Government of the United States,' after 'June 25, 1950, to July 27, 1953;'. 1955 - Act July 26, 1955, substituted 'July 27, 1953' for 'the date of cessation of hostilities, as determined by the United States Government'. 1950 - Act Dec. 28, 1950, redefined eligibility for membership in the American Legion. 1946 - Act July 9, 1946, permitted veterans of World War II to become members. 1942 - Act Oct. 29, 1942, included as members personnel of war beginning Dec. 7, 1941, and inserted proviso. -CROSS- CROSS REFERENCES Citizenship clause, see Const. Amend. 14, Sec. 1. ------DocID 41182 Document 95 of 1444------ -CITE- 36 USC Sec. 46 -EXPCITE- TITLE 36 CHAPTER 3 -HEAD- Sec. 46. Nonpolitical nature of corporation -STATUTE- The organization shall be nonpolitical and, as an organization, shall not promote the candidacy of any person seeking public office. -SOURCE- (Sept. 16, 1919, ch. 59, Sec. 6, 41 Stat. 285.) ------DocID 41183 Document 96 of 1444------ -CITE- 36 USC Sec. 47 -EXPCITE- TITLE 36 CHAPTER 3 -HEAD- Sec. 47. Acquisition of assets and liabilities of existing organization -STATUTE- Said corporation may acquire any or all the assets of the existing unincorporated national organization known as the 'American Legion' upon discharging or satisfactorily providing for the payment and discharge of all its liabilities. -SOURCE- (Sept. 16, 1919, ch. 59, Sec. 7, 41 Stat. 285.) ------DocID 41184 Document 97 of 1444------ -CITE- 36 USC Sec. 48 -EXPCITE- TITLE 36 CHAPTER 3 -HEAD- Sec. 48. Exclusive right to names -STATUTE- Said corporation and its State and local subdivisions shall have the sole and exclusive right to have and to use, in carrying out its purposes, the name 'The American Legion', or 'American Legion'. -SOURCE- (Sept. 16, 1919, ch. 59, Sec. 8, 41 Stat. 285; June 26, 1953, ch. 153, Sec. 2, 67 Stat. 82.) -MISC1- AMENDMENTS 1953 - Act June 26, 1953, extended the exclusive right to the use of the name 'American Legion'. ------DocID 41185 Document 98 of 1444------ -CITE- 36 USC Sec. 49 -EXPCITE- TITLE 36 CHAPTER 3 -HEAD- Sec. 49. Annual report -STATUTE- The said corporation shall, on or before the 1st day of January in each year, make and transmit to the Congress a report of its proceedings for the preceding calendar year. Said report shall not be printed as public documents. -SOURCE- (Sept. 16, 1919, ch. 59, Sec. 9, 41 Stat. 285; Aug. 30, 1964, Pub. L. 88-504, Sec. 4(3), 78 Stat. 636.) -MISC1- AMENDMENTS 1964 - Pub. L. 88-504 struck out ', including a full and complete report of its receipts and expenditures' after 'calendar year'. -CROSS- CROSS REFERENCES Printing of proceedings of national encampments as House documents, see section 1332 of Title 44, Public Printing and Documents. ------DocID 41186 Document 99 of 1444------ -CITE- 36 USC Sec. 50 -EXPCITE- TITLE 36 CHAPTER 3 -HEAD- Sec. 50. Agents for service of process -STATUTE- As a condition precedent to the exercise of any power or privilege herein granted or conferred the American Legion shall file in the office of the secretary of state of each State the name and post-office address of an authorized agent in such State upon whom legal process or demands against the American Legion may be served. -SOURCE- (Sept. 16, 1919, ch. 59, Sec. 9 1/2, 41 Stat. 285.) ------DocID 41187 Document 100 of 1444------ -CITE- 36 USC Sec. 51 -EXPCITE- TITLE 36 CHAPTER 3 -HEAD- Sec. 51. Reservation of right to amend or repeal chapter -STATUTE- The right to repeal, alter, or amend this chapter at any time is expressly reserved. -SOURCE- (Sept. 16, 1919, ch. 59, Sec. 10, 41 Stat. 285.) ------DocID 41188 Document 101 of 1444------ -CITE- 36 USC CHAPTER 3A -EXPCITE- TITLE 36 CHAPTER 3A -HEAD- CHAPTER 3A - UNITED SPANISH WAR VETERANS -MISC1- Sec. 56. Corporation created; membership; powers. 56a. Objects and purposes of corporation; prohibition against business activities. 56b. Principal office; place of holding annual meetings; possession of property. 56c. Supreme governing authority. 56d. Qualifications for membership; rights and privileges of members. 56e. Agencies of corporation. 56f. Exclusive right to name. 56g. Termination of corporate existence and right to wear insignia; effect of chapter on ownership of property. 56h. Disposition and future ownership of property and archives. ------DocID 41189 Document 102 of 1444------ -CITE- 36 USC Sec. 56 -EXPCITE- TITLE 36 CHAPTER 3A -HEAD- Sec. 56. Corporation created; membership; powers -STATUTE- The organization known as United Spanish War Veterans, with a membership limited to officers, soldiers, and sailors of the Army, Navy, or Marine Corps of the United States of America, including acting assistant surgeons, contract doctors, dentists, veterinary surgeons, officers, and enlisted men in the United States Revenue Cutter Service on vessels temporarily under the control of the War or Navy Department, commissioned medical officers of the United States Marine Hospital Services, officers and enlisted men in the Philippine Scouts and other organizations of native troops maintained by the War Department in the Philippine Islands, paymaster clerks actually on duty in the field or aboard ship who served at any time during the War between the United States of America and the Kingdom of Spain, or at any time during the War for the Suppression of the Insurrection in the Philippine Islands, including the China Relief Expedition, prior to July 4, 1902, and who either have been honorably discharged from the service or still continue in the same, and women who served honorably under contract or by appointment as Army nurses, chief nurses, or superintendents of the Army Nurse Corps at any time between April 21, 1898, and July 4, 1902, is created a body corporate and politic of the District of Columbia, by the name of 'United Spanish War Veterans', by which name it shall be a person in law, capable of suing and being sued, and of having and exercising all incidental powers as a litigant or otherwise as if it were a natural person, with power to acquire by purchase, gift, devise, or bequest, and to hold, convey, or otherwise dispose of property, real or personal, as may be necessary to carry into effect the patriotic, fraternal, and charitable purposes of its organization, and to use in carrying out the purposes of the corporation such emblems and badges as it may have heretofore or may hereafter adopt, and generally to do any and all such acts and things as may be necessary and proper in carrying into effect the purposes of the corporation. -SOURCE- (Apr. 22, 1940, ch. 130, Sec. 1, 54 Stat. 152; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -CHANGE- CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted 'Title 10, Armed Forces' which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army. -MISC4- REVENUE CUTTER SERVICE Coast Guard established in lieu of Revenue Cutter Service and Life-Saving Service by act Jan. 28, 1915, ch. 20, Sec. 1, 38 Stat. 800. That act was repealed by act Aug. 4, 1949, ch. 393, Sec. 20, 63 Stat. 561, section 1 of which reestablished the Coast Guard by enacting Title 14, Coast Guard. -CROSS- CROSS REFERENCES Penalty for unauthorized manufacture, reproduction, or sale of badges or emblems of veterans' organizations, see section 705 of Title 18, Crimes and Criminal Procedure. Recognition by Secretary of Veterans Affairs of representatives of United Spanish War Veterans for prosecution of claims under laws administered by Department of Veterans Affairs, see section 3402 of Title 38, Veterans' Benefits. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 56d of this title. ------DocID 41190 Document 103 of 1444------ -CITE- 36 USC Sec. 56a -EXPCITE- TITLE 36 CHAPTER 3A -HEAD- Sec. 56a. Objects and purposes of corporation; prohibition against business activities -STATUTE- The object and purpose of this corporation shall be to perpetuate the name of the United Spanish War Veterans and to preserve in corporate form said organization as now and heretofore maintained and conducted, and to thus provide and continue an agency and instrumentality through and by which its members, for and during the remainder of their natural lives, unite in the fraternal bonds of comradeship; perpetuate the memories of the War with Spain and the campaigns incident thereto; promote peace and good will at home and among all nations; encourage an adequate national defense and protect and preserve our institutions of government. The corporation shall not at any time engage in any business for pecuniary profit and gain. -SOURCE- (Apr. 22, 1940, ch. 130, Sec. 2, 54 Stat. 153.) ------DocID 41191 Document 104 of 1444------ -CITE- 36 USC Sec. 56b -EXPCITE- TITLE 36 CHAPTER 3A -HEAD- Sec. 56b. Principal office; place of holding annual meetings; possession of property -STATUTE- The principal office of this corporation shall be kept and maintained in the city of Washington, District of Columbia, but annual or other meetings of its governing body and members may be held in any State of the Union, and the corporation shall have the power to possess and hold property needful or desirable for its objects and purposes anywhere in the United States or any of its Territories or dependencies consistently with the provisions of local laws pertaining thereto. -SOURCE- (Apr. 22, 1940, ch. 130, Sec. 3, 54 Stat. 153.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 56g of this title. ------DocID 41192 Document 105 of 1444------ -CITE- 36 USC Sec. 56c -EXPCITE- TITLE 36 CHAPTER 3A -HEAD- Sec. 56c. Supreme governing authority -STATUTE- The supreme governing and controlling authority in said organization shall be the national encampment thereof, composed of representatives from the several department encampments as are now or may hereafter be organized: Provided, That there shall never be any change in the plan of organization of said national encampment that shall materially change its present representative form of government or render possible the concentration of the control thereof in the hands of a limited number or in a self-perpetuating body not representative of the membership at large. -SOURCE- (Apr. 22, 1940, ch. 130, Sec. 4, 54 Stat. 153.) -CROSS- CROSS REFERENCES Printing of proceedings of national encampments as House documents, see section 1332 of Title 44, Public Printing and Documents. ------DocID 41193 Document 106 of 1444------ -CITE- 36 USC Sec. 56d -EXPCITE- TITLE 36 CHAPTER 3A -HEAD- Sec. 56d. Qualifications for membership; rights and privileges of members -STATUTE- The qualifications for membership in said organization, except as they are limited by the provisions in section 56 of this title, and the rights and privileges of the members thereof shall be such as are fixed by the constitution and rules and regulations heretofore or hereafter adopted by said national encampment. -SOURCE- (Apr. 22, 1940, ch. 130, Sec. 5, 54 Stat. 153.) ------DocID 41194 Document 107 of 1444------ -CITE- 36 USC Sec. 56e -EXPCITE- TITLE 36 CHAPTER 3A -HEAD- Sec. 56e. Agencies of corporation -STATUTE- The activities of said corporation shall be exercised through and by the following agencies in accordance with the constitution and rules and regulations now in force or such as may be hereafter enacted by the national encampment thereof, namely: First. Through the national encampment, its officers, and committees. Second. Through such department encampments as may have been heretofore or as may be hereafter organized, their officers, and committees. Third. Through such camps as may have been heretofore or may be hereafter organized, their officers, and committees. Fourth. Through such auxiliary organizations by whatever name or designation as have been heretofore or may hereafter be authorized by the national encampment. Such department encampments and auxiliary organizations shall be subject and subordinate in authority to the national encampment, and such camps shall be also subject to such control exercised through the department encampment and department officers of the particular department to which it belongs. -SOURCE- (Apr. 22, 1940, ch. 130, Sec. 6, 54 Stat. 153.) ------DocID 41195 Document 108 of 1444------ -CITE- 36 USC Sec. 56f -EXPCITE- TITLE 36 CHAPTER 3A -HEAD- Sec. 56f. Exclusive right to name -STATUTE- Said corporation and its State and local subdivisions shall have the sole and exclusive rights to have and to use in carrying out its purposes the name 'United Spanish War Veterans.' -SOURCE- (Apr. 22, 1940, ch. 130, Sec. 7, 54 Stat. 154.) ------DocID 41196 Document 109 of 1444------ -CITE- 36 USC Sec. 56g -EXPCITE- TITLE 36 CHAPTER 3A -HEAD- Sec. 56g. Termination of corporate existence and right to wear insignia; effect of chapter on ownership of property -STATUTE- The corporate existence of United Spanish War Veterans and the exclusive rights of its surviving members to wear the insignia of membership therein shall terminate only when the last of its members dies: Provided, however, That if, at any national encampment hereafter held, a memorial shall be adopted by the vote of three-fourths of the members present reciting that because of the decrease in its membership, or because of the age and infirmity of its surviving members, it no longer is advisable and practicable to hold future annual national encampments, such action shall not operate to deprive said organization of any of its corporate powers; but the government thereof may be modified to provide for such contingency subject to the restrictions contained in section 56b of this title: Provided further, That nothing in this chapter shall in any manner affect the right or the power of such camps or departments to dispose of or otherwise affect the ownership of property held by any camp or department in its own name, nor affect the right of such camps or departments to organize corporations under State laws for the purpose of caring for and disposing of such property. -SOURCE- (Apr. 22, 1940, ch. 130, Sec. 8, 54 Stat. 154.) ------DocID 41197 Document 110 of 1444------ -CITE- 36 USC Sec. 56h -EXPCITE- TITLE 36 CHAPTER 3A -HEAD- Sec. 56h. Disposition and future ownership of property and archives -STATUTE- The national encampment may, by resolution, provide for the disposition and future ownership of its property and archives, and may declare the event in which such disposition shall become effective and such ownership vested, and a duly authenticated copy of such resolutions shall be filed in the office of the United States District Court for the District of Columbia. Upon the happening of the event thus declared, and upon the filing of a petition in said United States District Court reciting said facts, said court shall take jurisdiction thereof and, upon due proof being made, the court shall enter a decree which shall be effectual to vest title and ownership in accordance with the provisions of such resolution. -SOURCE- (Apr. 22, 1940, ch. 130, Sec. 9, 54 Stat. 154; June 25, 1948, ch. 646, Sec. 32(b), 62 Stat. 991; May 24, 1949, ch. 139, Sec. 127, 63 Stat. 107.) -CHANGE- CHANGE OF NAME 'United States District Court for the District of Columbia' substituted for 'Supreme Court of the District of Columbia' and 'United States District Court' for 'Supreme Court' on authority of act June 25, 1948, as amended by act May 24, 1949. ------DocID 41198 Document 111 of 1444------ -CITE- 36 USC CHAPTER 3B -EXPCITE- TITLE 36 CHAPTER 3B -HEAD- CHAPTER 3B - MARINE CORPS LEAGUE -MISC1- Sec. 57. Corporation created. 57a. Purposes of corporation. 57b. Powers of corporation. 58. Annual report. 59. Reservation of right to amend or repeal chapter. ------DocID 41199 Document 112 of 1444------ -CITE- 36 USC Sec. 57 -EXPCITE- TITLE 36 CHAPTER 3B -HEAD- Sec. 57. Corporation created -STATUTE- Major General John A. Lejeune, United States Marine Corps, retired, honorary national commandant; Maurice A. Illch, national commandant; Roy S. Taylor, senior national vice commandant; Kenneth B. Collings, junior national vice commandant; Alexander F. Ormsby, national judge advocate; Reverend John H. Clifford, national chaplain; Edward A. Walker, national sergeant at arms; John B. Hinckley, Junior, national adjutant and paymaster; John E. Brock, national chief of staff, are created a body corporate of the name 'Marine Corps League.' -SOURCE- (Aug. 4, 1937, ch. 564, Sec. 1, 50 Stat. 558.) ------DocID 41200 Document 113 of 1444------ -CITE- 36 USC Sec. 57a -EXPCITE- TITLE 36 CHAPTER 3B -HEAD- Sec. 57a. Purposes of corporation -STATUTE- The purposes of this corporation shall be (a) to preserve the traditions and to promote the interests of the United States Marine Corps; (b) to band those who were on August 4, 1937, serving in the United States Marine Corps and those who have been honorably discharged from that service together in fellowship that they may effectively promote the ideals of American freedom and democracy; (c) 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; (d) to hold sacred the history and memory of the men who have given their lives to the Nation; (e) to foster love for the principles which they have supported by blood and valor since the founding of the Republic; (f) to maintain true allegiance to American institutions; (g) to create a bond of comradeship between those in service and those who have returned to civil life; (h) to aid voluntarily and to render assistance to all marines and former marines as well as to their widows and orphans; (i) to perpetuate the history of the United States Marine Corps and by fitting acts to observe the anniversaries of historical occasions of peculiar interest to marines. -SOURCE- (Aug. 4, 1937, ch. 564, Sec. 2, 50 Stat. 558.) ------DocID 41201 Document 114 of 1444------ -CITE- 36 USC Sec. 57b -EXPCITE- TITLE 36 CHAPTER 3B -HEAD- Sec. 57b. Powers of corporation -STATUTE- The corporation (a) shall have perpetual succession; (b) may charge and collect membership dues and receive contributions of money or property to be devoted to carrying out the purposes of the organization; (c) may sue or may be sued; (d) may adopt a corporate seal and alter it at pleasure; (e) may adopt and alter bylaws not inconsistent with the Constitution and laws of the United States or of any State; (f) may establish and maintain offices for the conduct of its business; (g) may appoint or elect officers and agents; (h) may choose a board of trustees, consisting of not more than fifteen persons nor less than five persons, to conduct the business and exercise the powers of the corporation; (i) may acquire, by purchase, devise, bequest, gift, or otherwise, and hold, encumber, convey, or otherwise dispose of such real and personal property as may be necessary or appropriate for its corporate purposes; and (j) generally may do any and all lawful acts necessary or appropriate to carry out the purposes for which the corporation is created. -SOURCE- (Aug. 4, 1937, ch. 564, Sec. 3, 50 Stat. 559.) ------DocID 41202 Document 115 of 1444------ -CITE- 36 USC Sec. 58 -EXPCITE- TITLE 36 CHAPTER 3B -HEAD- Sec. 58. Annual report -STATUTE- The corporation shall, on or before the 1st day of December in each year, transmit to Congress a report of its proceedings and activities for the preceding calendar year. Such reports shall not be printed as public documents. -SOURCE- (Aug. 4, 1937, ch. 564, Sec. 4, 50 Stat. 559; Aug. 30, 1964, Pub. L. 88-504, Sec. 4(5), 78 Stat. 636.) -MISC1- AMENDMENTS 1964 - Pub. L. 88-504 struck out ', including the full and complete statement of its receipts and expenditures' after 'calendar year'. ------DocID 41203 Document 116 of 1444------ -CITE- 36 USC Sec. 59 -EXPCITE- TITLE 36 CHAPTER 3B -HEAD- Sec. 59. Reservation of right to amend or repeal chapter -STATUTE- The right to alter, amend, or repeal this chapter at any time is expressly reserved. -SOURCE- (Aug. 4, 1937, ch. 564, Sec. 5, 50 Stat. 559.) ------DocID 41204 Document 117 of 1444------ -CITE- 36 USC CHAPTER 4 -EXPCITE- TITLE 36 CHAPTER 4 -HEAD- CHAPTER 4 - BELLEAU WOOD MEMORIAL ASSOCIATION -MISC1- Sec. 61. Corporation created. 62. Purposes of corporation. 63. Powers of corporation. 64. Acquisition of assets and liabilities of existing corporation. 65. Annual report. 66. Reservation of right to amend or repeal chapter. ------DocID 41205 Document 118 of 1444------ -CITE- 36 USC Sec. 61 -EXPCITE- TITLE 36 CHAPTER 4 -HEAD- Sec. 61. Corporation created -STATUTE- Ira E. Bennett, Tasker H. Bliss, Nathalie Boynton, Marie Moore Forrest, Elizabeth Van Rensselaer Frazer, James E. Freeman, Margaret Overman Gregory, Harry V. Haynes, John A. LeJeune, A. L. McClellan, Wendell C. Neville, Frank B. Noyes, John Barton Payne, Augusta Reath, Alice Hay Wadsworth, John Walsh, and their associates and successors, are created a body corporate by the name of 'Belleau Wood Memorial Association.' -SOURCE- (Mar. 3, 1923, ch. 228, Sec. 1, 42 Stat. 1441.) ------DocID 41206 Document 119 of 1444------ -CITE- 36 USC Sec. 62 -EXPCITE- TITLE 36 CHAPTER 4 -HEAD- Sec. 62. Purposes of corporation -STATUTE- The purposes of the corporation shall be: (a) To acquire and maintain the whole or any portion of Belleau Wood, Department of Aisne, France, for memorial purposes; (b) to erect such buildings and monuments and establish such institutions thereon as it may deem appropriate as a memorial to the men of the American Expeditionary Forces who participated in the Battle of Belleau Wood, France, and vicinity during the World War; (c) to solicit and obtain members; (d) to charge and collect membership dues, and to solicit and receive contributions of money to be devoted to carrying out such purposes; and (e) to care for and maintain such memorial. -SOURCE- (Mar. 3, 1923, ch. 228, Sec. 2, 42 Stat. 1441.) ------DocID 41207 Document 120 of 1444------ -CITE- 36 USC Sec. 63 -EXPCITE- TITLE 36 CHAPTER 4 -HEAD- Sec. 63. Powers of corporation -STATUTE- The corporation (a) shall have perpetual succession; (b) may sue and be sued; (c) may adopt a corporate seal and alter it at pleasure; (d) may adopt and alter bylaws not inconsistent with the Constitution and laws of the United States or of any State; (e) may establish and maintain offices for the conduct of its business; (f) may appoint officers and agents; (g) may choose a board of trustees consisting of not more than fifteen persons nor less than five persons, to conduct the business and exercise the powers of the corporation; (h) may acquire, by purchase, devise, bequest, gift, or otherwise, and hold, encumber, convey, or otherwise dispose of, such real and personal property as may be necessary or appropriate for its corporate purposes, and especially the whole or any portion of Belleau Wood, Department of Aisne, France, to the extent that it may be or become consistent with, or permitted by, the laws of the French Republic; and (i) generally may do any and all lawful acts necessary or appropriate to carry out the purposes for which the corporation is created. -SOURCE- (Mar. 3, 1923, ch. 228, Sec. 3, 42 Stat. 1441.) ------DocID 41208 Document 121 of 1444------ -CITE- 36 USC Sec. 64 -EXPCITE- TITLE 36 CHAPTER 4 -HEAD- Sec. 64. Acquisition of assets and liabilities of existing corporation -STATUTE- The Belleau Wood Memorial Association, a corporation heretofore incorporated under the laws of the District of Columbia, is authorized to transfer to the corporation created by this chapter all of its property, rights, and assets, and such corporation is authorized to receive all of such property, rights, and assets. Upon such transfer, such association shall thereby be dissolved, and such corporation shall be liable for all the obligations of, and claims against, such association, and all of such obligations and claims may be enforced against the corporation. -SOURCE- (Mar. 3, 1923, ch. 228, Sec. 4, 42 Stat. 1441.) ------DocID 41209 Document 122 of 1444------ -CITE- 36 USC Sec. 65 -EXPCITE- TITLE 36 CHAPTER 4 -HEAD- Sec. 65. Annual report -STATUTE- The corporation shall, on or before the 1st day of December in each year, transmit to Congress a report of its proceedings and activities for the preceding calendar year. Such reports shall not be printed as public documents. -SOURCE- (Mar. 3, 1923, ch. 228, Sec. 5, 42 Stat. 1441; Aug. 30, 1964, Pub. L. 88-504, Sec. 4(6), 78 Stat. 636.) -MISC1- AMENDMENTS 1964 - Pub. L. 88-504 struck out ', including the full and complete statement of its receipts and expenditures' after 'calendar year'. ------DocID 41210 Document 123 of 1444------ -CITE- 36 USC Sec. 66 -EXPCITE- TITLE 36 CHAPTER 4 -HEAD- Sec. 66. Reservation of right to amend or repeal chapter -STATUTE- The right to alter, amend, or repeal this chapter at any time is expressly reserved. -SOURCE- (Mar. 3, 1923, ch. 228, Sec. 6, 42 Stat. 1441.) ------DocID 41211 Document 124 of 1444------ -CITE- 36 USC CHAPTER 4A -EXPCITE- TITLE 36 CHAPTER 4A -HEAD- CHAPTER 4A - AMVETS (AMERICAN VETERANS OF WORLD WAR II, KOREA, AND VIETNAM) -MISC1- Sec. 67. Corporation created. 67a. Adoption of constitution, bylaws, and declaration of principles; election of officers. 67b. Purposes of corporation. 67c. Powers of corporation. 67d. Propaganda activities prohibited; nonpolitical nature of corporation; membership of executive committee; headquarters; territorial scope of activities. 67e. Membership. 67f. Voting rights of members and convention delegates; executive committee. 67g. Acquisition of assets and liabilities of existing association. 67h. Use of assets on dissolution or liquidation. 67i. Additional corporate powers. 67j. Liability for acts of officials and agents. 67k. Agent for service of process. 67l. Election of officers. 67m. Books and records; inspection. 67n. Prohibition against issuance of stock or payment of dividends. 67o. Loans to officers; liability of officers. 67p. Exclusive right to name, seals, emblems, and badges. 67q. Service of process; local authorized agents in States. 67r. Grant and accrual of rights of other national veterans' organizations. 67s. Reservation of right to amend or repeal chapter. ------DocID 41212 Document 125 of 1444------ -CITE- 36 USC Sec. 67 -EXPCITE- TITLE 36 CHAPTER 4A -HEAD- Sec. 67. Corporation created -STATUTE- The following persons, to wit: Jack W. Hardy, 7421 Beverly Boulevard, Los Angeles, California; Elmo Keel, 4085 Minnesota Avenue Northeast, Washington, District of Columbia; William Enters, suite 1509-1511, 11 South LaSalle Street, Chicago, Illinois; Doctor Gerald I. Cetrulo, 166 Bloomfield Avenue, Newark, New Jersey; Norman Clock, 125 South Fourth Street, Reading, Pennsylvania; Floyd Williams, C-2 704 North Monroe Street, Arlington, Virginia; Reverend Joseph T. O'Callaghan, United States Navy Department, Washington, District of Columbia; George R. Porter, 1730 South Adams Street, Fort Worth, Texas; Robert E. McLaughlin, 800 South Washington Street, Alexandria, Virginia; Ray Sawyer, Plymouth, New Hampshire; James C. Tate, 2 Wilton Road, Rural Free Delivery Numbered 5, Alexandria, Virginia; George E. Burke, 1126 Central Avenue, Saint Petersburg, Florida; A. Ronald Button, 6331 Hollywood Boulevard, Hollywood 28, California; Americus Lamberti, 515 West Seventh Street, Plainfield, New Jersey; Emory S. McNider, Coffeyville, Alabama; Allen Hansen, 815 East Broadway, Tucson, Arizona; Edward S. Shattuck, 1400 North Hobart Boulevard, Los Angeles, California; Elvon L. Howell, 652 Gilpin Street, Denver, Colorado; William N. Welsh, 21 Bristol Street, West Haven, Connecticut; Francis D. Odell, 18 Lawson Avenue, Claymont, Delaware; George Lewis, 125 State Capitol, Atlanta, Georgia; Lee Witaski, 1438 Thorndale Avenue, Chicago, Illinois; Doctor Clyde Iongstreth, Atlantic, Iowa; Harry N. Gillig, Junior, 612 Kansas Avenue, Topeka, Kansas; John H. Ostertag, 955 Charles Street, Louisville, Kentucky; Otto E. Passman, 114-120 Walnut Street, post-office drawer 1833, Monroe, Louisiana; Doctor G. E. Marrone, 610 Fairview Avenue, Frederick, Maryland; Howard J. McDonald, 4 College Street, Lewiston, Maine; Edward J. Beauchamp, 4 College Street, Lewiston, Maine; Albert J. Reynolds, Tremont Temple Building, Boston, Massachusetts; Neil Holland, 401 Charlevoix Building, 2033 Park Avenue, Detroit, Michigan; Monte M. Korn, 18041 Washburn, Detroit, Michigan; Raymond D. Vosburgh, 222 1/2 West Lewis Street, Mankato, Minnesota; George R. Gess, box 47, Mount Olive, Mississippi; Henry W. Simpson, room 500, 119 North Seventh Street, Saint Louis, Missouri; R. C. Letcher, Billings Fire Department, Billings, Montana; Doctor A. D. Faier, 1102 Medical Arts Building, Omaha, Nebraska; Jay J. Strode, Wells, Nevada; N. L. Samaha, C-1, 1 Keeble Street, Plymouth, New Hampshire; William Hepp, 1918 Liberty Bank Building, Buffalo, New York; Huston W. Galyen, 1121 Sixteenth Avenue North, Fargo, North Dakota; Carl Freudenberg, 1298 Michigan Avenue, Cincinnati, Ohio; Fred Milligan, attorney at law, Columbus, Ohio; Joseph D. Stafford, route 2, box 662, Oklahoma City, Oklahoma; Anthony R. McGrath, 609 Plaza Building, Pittsburgh, Pennsylvania; Harry M. DeWitt, Junior, 2316 Fortieth Street Northwest, Washington, District of Columbia; Robert W. Donald, post-office box 2, Easley, South Carolina; Dick Kelly, Shaw Insurance Company, Sioux Falls, South Dakota; Alex Bullocks, 1464 Washington Street, Memphis, Tennessee; Thomas J. Russell, Burlington, Vermont; John E. Fletcher, 806 North Eye Street, Tacoma, Washington; R. L. Stubbs, Professional Building, Fairmont, West Virginia; Walter L. Thompson, 1316 Lombard, Everett, Washington; Robert A. Garrett, 163 Eccles Building, Ogden, Utah; Searcy Johnson, 805 Mercantile Building, Dallas, Texas; Hampton C. Godbe, 116 P Street, Salt Lake City, Utah; Allen P. Solada, 311 Dauphin Building, Harrisburg, Pennsylvania; George Vukmanic, 221 Martin Avenue, Pittsburgh 16, Pennsylvania; Royce C. Granger, 102 East Eighteenth Street, Tulsa, Oklahoma; Charles E. Nassif, 1023 Thirteenth Street North, Fargo, North Dakota; Paul D. Higgins, 104 1/2 Broadway, Fargo, North Dakota; Edmund P. Radwan, 906 Broadway, Buffalo, New York; Alexander J. Matturria, 234 Mount Prospect Avenue, Newark, New Jersey; J. F. Roche, Bond Building, 1015 Elm Street, Manchester, New Hampshire; Kenneth A. Van Vorst, 114 East Bonanza Road, Las Vegas, Nevada; Julian C. Harvey, 1731 Walnut Street, Kansas City, Missouri; John Wesley, box 482, Picayune, Mississippi; Claude C. Morgan, 810 Hammond Building, Detroit, Michigan; Edward A. Trudell, 26 Horan Way, Jamaica Plain, Massachusetts; Vincent C. Neeson, Labelle and Bellona, Ruxton, Baltimore 4, Maryland; R. L. Huot, 106 Elm Street, Biddeford, Maine; John E. Sutherlin, Sutherlin Sales Company, Industries Building, New Orleans, Louisiana; Thomas Wilkerson, 1600 Washington, Henderson, Kentucky; John C. Junkins, Cherokee, Kansas; Doctor C. W. Hoffman, 1340 Forty-first Street, Des Moines, Iowa; Allen W. Jenkins, 1015 Cherry Street, Evansville, Indiana; Edwin I. Bruder, 6837 Clyde Avenue, Chicago, Illinois; Harry P. Orcutt, Fort Benning, Georgia; Arthur Di Vincent, post-office box 4579, Miami 28, Florida; Maurice B. Marholin, 176 McClintock Road, New Britain, Connecticut; Harry Steinbery, First National Bank Building, El Dorado, Arkansas; Jess Curtiss, 807 North Third Street, Phoenix, Arizona; Edward S. Coston, 69 Ninth Street North, Birmingham, Alabama; Anthony O. Jones, 315 Security Building, Phoenix, Arizona; Frank Dee Scriven, 8474 West Third Street, Los Angeles 36, California; Allen C. Hessier, 1275 Clarkson Street, Number 4, Denver 3, Colorado; Michael Dzamki, 3912 First Street, East Chicago, Indiana; S. Howard Rudolph, Junior, Atlantic, Iowa; Fred K. Greer, 427 East Market Street, Princeton, Kentucky; Roy Morgan, Winnfield, Louisiana; James C. Wilt, 842 Columbia Avenue, Cumberland, Maryland; Chester Modzelewski, 67 Davenport Street, Chicopee, Massachusetts; Arthur Madar, 9166 Yorkshire, Detroit, Michigan; John J. Clark, 257 Harrison Street, Biloxi, Mississippi; William E. Blake, 73 Grey, Buffalo 12, New York; Albert Geremia, room 303, 17 Exchange Street, Providence, Rhode Island; Frank E. Richter, 3, 12-14 West Sixth Street, Evansville, Indiana; Frank J. Ross, 1020 East Pleasant, Milwaukee, Wisconsin; Conrad K. Strauss, 160 Holland Avenue, Cowesett, Rhode Island; Paul S. Limerick, 456 Catalina, Webster Groves, Missouri; Raymond O'Brien, 22 North Ryan Street, Buffalo, New York; Dallas P. Richeson, post-office box 2226, Phoenix, Arizona; Fred Nimz, route 6, box 815A, Phoenix, Arizona; Tom Bulman, 243 East Fifteenth Street, Tucson, Arizona; Charles E. Brode, 15 North Lee Street, Cumberland, Maryland; Clyde B. Blanton, 2095 Seventh Avenue, North, Saint Petersburgh, Florida; Floyd Cooper, 912 Polk Street, Amarillo, Texas; Paul Moody, 548 South Spring Street, Los Angeles, California; Oliver A. Farabee, Lexington, North Carolina; Thad Males, 329 West Valerio Street, Santa Barbara, California; and such persons who are members of the AMVETS (American Veterans of World War II, Korea, and Vietnam) and their successors, are created and declared to be a body corporate by the name AMVETS (American Veterans of World War II, Korea, and Vietnam) and by such name shall be known and have perpetual succession of the powers, limitations, and restrictions herein contained. -SOURCE- (July 23, 1947, ch. 298, Sec. 1, 61 Stat. 403; Aug. 15, 1977, Pub. L. 95-98, Sec. 1(a), 91 Stat. 830.) -MISC1- AMENDMENTS 1977 - Pub. L. 95-98 substituted 'World War II, Korea, and Vietnam)' for 'World War II)'. EFFECTIVE DATE OF 1977 AMENDMENT Section 2 of Pub. L. 95-98 provided that: 'The amendments made by the first section of this Act (amending this section and sections 67a, 67b, 67e, 67g, 67h, and 67p to 67r of this title) shall take effect on the first day of the second calendar month following the date of enactment of this Act (Aug. 15, 1977).' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 67a of this title. ------DocID 41213 Document 126 of 1444------ -CITE- 36 USC Sec. 67a -EXPCITE- TITLE 36 CHAPTER 4A -HEAD- Sec. 67a. Adoption of constitution, bylaws, and declaration of principles; election of officers -STATUTE- A majority of the persons above named and other persons selected from among the membership of AMVETS (American Veterans of World War II), an unincorporated association as set forth in section 67 of this title, met in national convention in Chicago, Illinois, on October 12, 13, and 14, 1945, and then and there, by and through duly elected delegates representing one hundred and thirty-one posts throughout the United States adopted a national constitution, bylaws, and declaration of principles and duly elected national officers for said organization, all as set forth in the Congressional Record, proceedings and debates of the Seventy-ninth Congress, first session, on November 6 and 7, 1945. -SOURCE- (July 23, 1947, ch. 298, Sec. 2, 61 Stat. 405.) -COD- CODIFICATION Amendment of this section by Pub. L. 95-98, Sec. 1(a), Aug. 15, 1977, 91 Stat. 830, which directed that 'AMVETS (American Veterans of World War II, Korea, and Vietnam)' be substituted for 'AMVETS (American Veterans of World War II)' has not been executed to text because the organization name is used in this section in the context of a historical reference to the name of the predecessor unincorporated association as that association existed at the time of the 1945 convention, at which time the association was named 'AMVETS (American Veterans of World War II)'. ------DocID 41214 Document 127 of 1444------ -CITE- 36 USC Sec. 67b -EXPCITE- TITLE 36 CHAPTER 4A -HEAD- Sec. 67b. Purposes of corporation -STATUTE- The purposes of this corporation shall be as follows: (1) To preserve for ourselves and our posterity the great and basic truths and enduring principles upon which this Nation was founded. (2) To maintain a continuing interest in the welfare and rehabilitation of the disabled veterans of World War II, the Korean conflict, and the Vietnam era and to establish facilities for the assistance of all veterans and to represent them in their claims before the Veterans' Administration and other organizations without charge. (3) To dedicate ourselves to the service and best interests of the community, State, and Nation, to the end that our country shall be and remain forever a whole, strong, and free Nation. (4) To aid and encourage the abolition of prejudice, ignorance, and disease. To encourage universal exercise of the voting franchise, to the end that there shall be elected and maintained in public office men and women who hold such office as a public trust administered in the best interests of all the people. (5) To advocate the development and means by which all Americans may become enlightened and informed citizens and thus participate fully in the functions of our democracy. (6) To encourage and support an international organization of all peace-loving nations, to the end that not again shall any nation be permitted to breach their national peace. (7) To continue to serve the best interests of our Nation in peace as in war. (8) To develop to the utmost the human, mental, spiritual, and economical resources of our Nation. (9) To perpetuate and preserve the friendships and comradeship born on the battle front and nurtured in the common experience of service to our Nation during time of war. (10) To honor the memory of those men and women who gave their lives that a free America and a free world might live by the creation of living memorials in the form of additional educational, cultural, and recreational facilities. (11) To operate as a corporation not for profit and that no part of the income or assets shall inure to the benefit of any of its members, directors, or officers, nor be distributable thereto otherwise than upon dissolution or final liquidation; and that such corporation is organized and shall be operated exclusively for charitable, educational, patriotic, and civic improvement purposes. -SOURCE- (July 23, 1947, ch. 298, Sec. 3, 61 Stat. 405; Aug. 15, 1977, Pub. L. 95-98, Sec. 1(b)(1), 91 Stat. 830.) -MISC1- AMENDMENTS 1977 - Par. (2). Pub. L. 95-98 inserted ', the Korean conflict, and the Vietnam era' after 'World War II'. -CHANGE- CHANGE OF NAME Reference to Veterans' Administration deemed to refer to Department of Veterans Affairs pursuant to section 10 of Pub. L. 100-527, set out as a Department of Veterans Affairs Act note under section 201 of Title 38, Veterans' Benefits. -MISC4- EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95-98 effective Oct. 1, 1977, see section 2 of Pub. L. 95-98, set out as a note under section 67 of this title. ------DocID 41215 Document 128 of 1444------ -CITE- 36 USC Sec. 67c -EXPCITE- TITLE 36 CHAPTER 4A -HEAD- Sec. 67c. Powers of corporation -STATUTE- The corporation created shall have the following powers: To have perpetual succession with power to sue and be sued in any court of competent jurisdiction; take and hold by lease, gift, purchase, grant, devise, or bequest any property, real or personal, necessary for attaining the objects and carrying into effect the purposes of the corporation, subject, however, to applicable provisions of law of any State (A) governing the amount or kind of real and personal property which may be held by, or (B) otherwise limiting or controlling the ownership of real and personal property by, a corporation operating in such State; to ordain and establish bylaws and regulations not inconsistent with the laws of the United States of America or any State thereof, for the management of its property and the regulation of its affairs; to use in carrying out its purposes such seals, emblems, and badges as it may lawfully adopt; to establish State and regional organizations and local posts; to publish magazines, newspapers, or any other publications consistent with the purposes of the corporation and to do any and all such acts and things as may be necessary and proper to carry into effect the purposes of the corporation. -SOURCE- (July 23, 1947, ch. 298, Sec. 4, 61 Stat. 406.) -CROSS- CROSS REFERENCES Additional powers, see section 67i of this title. ------DocID 41216 Document 129 of 1444------ -CITE- 36 USC Sec. 67d -EXPCITE- TITLE 36 CHAPTER 4A -HEAD- Sec. 67d. Propaganda activities prohibited; nonpolitical nature of corporation; membership of executive committee; headquarters; territorial scope of activities -STATUTE- (1) No part of the activities of the corporation shall consist of carrying on propaganda. (2) The corporation and its officers and the members of its executive committee as such shall not contribute to or otherwise support or assist any political party or candidate for elective public office. (3) The current executive committee consists of forty members, namely, Ray Sawyer, Plymouth, New Hampshire; Jack W. Hardy, Title Guaranty Building, Los Angeles, California; Albert J. Reynolds, 3117 Washington Street, Roxbury, Massachusetts; L. M. Hinshaw, box 558, Asheboro, North Carolina; J. M. Crespi, Sims Building, 12 Auburn Avenue Northeast, Atlanta, Georgia; Arthur J. Madar, 9166 Yorkshire, Detroit 24, Michigan; Kenneth A. Anderson, 7166 South Penn Street, Denver, Colorado; Anthony O. Jones, 315 Security Building, Phoenix, Arizona; Agnes Frazee, post-office box 751, Uniontown, Pennsylvania; Floyd Williams, C-2, 704 North Monroe Street, Arlington, Virginia; William Kipp, 1032 North Dearborn Street, Chicago, Illinois; John J. Carney, 308 Leader Building, Cleveland, Ohio; Doctor John S. Weir, 618 South Main Street, Fond du Lac, Wisconsin; Reverend Sam Hill Ray, Loyola University, New Orleans, Louisiana; Nathan Gordon, Little Rock, Arkansas; Thad Males, 329 West Valerio Street, Santa Barbara, California; Al Grossi, Farmington, Connecticut; Harry M. De Witt, Junior, 2316 Fortieth Street Northwest, Washington, District of Columbia; George E. Burke, 1126 Central Avenue, Saint Petersburg, Florida; Charles L. Crowley, 935 Oglethorpe Avenue, Atlanta, Georgia; L. Harlan Swisher, 306 Davidson Drive, Champaign, Illinois; Arthur Schnipper, 4334 Ivy Street, East Chicago, Indiana; Robert Buckmaster, 158 Woodstock Road, Waterloo, Iowa; William C. Moss, Bogalusa, Louisiana; Edward J. Beauchamp, 163 Lisbon Street, Lewiston, Maine; Thomas Burke, 222 South Street, Fitchburg, Massachusetts; Milton F. Cooney, 55 Naomi Street, Pontiac, Michigan; Paul Limerick, 456 Catalina, Webster Groves, Missouri; Louis W. Zaris, 331 Guarantee Trust Building, Atlantic City, New Jersey; William Hepp, 176 Lafayette Street, Buffalo, New York; J. C. Powell, box 830, Winston-Salem, North Carolina; E. L. Hallowell, 455 Forest Avenue, Dayton, Ohio; K. L. Shirk, 33 North Duke Street, Lancaster, Pennsylvania; Albert Geremia, 277 Webster Avenue, Providence, Rhode Island; Richard H. Dewey, 251 Madison Avenue, Memphis, Tennessee; Ivan Stone, 2708 West Lamar, Houston, Texas; Doctor M. H. Seidner, 406 First Security Bank Building, Ogden, Utah; J. C. McCaughan, Junior, 1904 West Broad Street, Richmond, Virginia; John F. Howell, Junior, 1110 1/2 Seventeenth Street, Parkersburg, West Virginia; and Kenneth Kunde, Quonset Park, Oshkosh, Wisconsin. (4) The headquarters office and principal place of business of said corporation shall be located in Washington, District of Columbia, but the activities of said organization, as set out herein, shall not be confined to the District of Columbia, but shall be conducted throughout the various States, Territories, and possessions of the United States. -SOURCE- (July 23, 1947, ch. 298, Sec. 5, 61 Stat. 406.) ------DocID 41217 Document 130 of 1444------ -CITE- 36 USC Sec. 67e -EXPCITE- TITLE 36 CHAPTER 4A -HEAD- Sec. 67e. Membership -STATUTE- Eligibility for membership in AMVETS and the rights and privileges of members shall, except as provided in this chapter, be as provided in the constitution and bylaws of the organization, and terms of membership and requirements for holding office within the organization shall not be discriminatory on the basis of race, color, religion, sex or national origin. -SOURCE- (July 23, 1947, ch. 298, Sec. 6, 61 Stat. 407; Dec. 28, 1950, ch. 1178, 64 Stat. 1122; July 26, 1955, ch. 383, 69 Stat. 375; Sept. 14, 1966, Pub. L. 89-576, 80 Stat. 772; Aug. 15, 1977, Pub. L. 95-98, Sec. 1(b)(2), 91 Stat. 830; May 31, 1984, Pub. L. 98-304, 98 Stat. 220.) -MISC1- AMENDMENTS 1984 - Pub. L. 98-304 amended section generally. Prior to amendment, section read as follows: 'Any person who served in the Armed Forces of the United States of America or any American citizen who served in the armed forces of an allied nation of the United States at any time after September 15, 1940, and before May 8, 1975, is eligible for regular membership in AMVETS, provided such service when terminated by discharge or release from active duty be by honorable discharge or separation. No person who is a member of, or who advocates the principles of, any organization believing in, or working for, the overthrow of the United States Government by force, and no person who refuses to uphold and defend the Constitution of the United States, shall be privileged to become, or continue to be, a member of this organization'. 1977 - Pub. L. 95-98 substituted 'at any time after September 15, 1940, and before May 8, 1975,' for 'on or after September 16, 1940, and on or before the date of cessation of hostilities as determined by the Government of the United States,'. 1966 - Pub. L. 89-576 redefined eligibility for membership in AMVETS, substituting 'the date of cessation of hostilities as determined by the Government of the United States' for 'January 31, 1955'. 1955 - Act July 26, 1955, substituted 'and on or before January 31, 1955' for 'and before the legal termination of World War II'. 1950 - Act Dec. 28, 1950, redefined eligibility for membership in AMVETS. EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95-98 effective Oct. 1, 1977, see section 2 of Pub. L. 95-98, set out as a note under section 67 of this title. -CROSS- CROSS REFERENCES Penalty for unauthorized manufacture, reproduction, or sale of badges or emblems of veterans' organizations, see section 705 of Title 18, Crimes and Criminal Procedure. ------DocID 41218 Document 131 of 1444------ -CITE- 36 USC Sec. 67f -EXPCITE- TITLE 36 CHAPTER 4A -HEAD- Sec. 67f. Voting rights of members and convention delegates; executive committee -STATUTE- (1) Each member of the said corporation shall have the right to one vote in the conduct of official business at the post level. Each post shall have the right to elect delegates to national conventions of the corporation, which delegates shall each exercise one vote in the conduct of business of the respective convention to which he is elected. (2) The executive committee of the said corporation shall consist of one member duly elected to represent each department, and, in addition, all elective officers shall be members of the executive committee, ex officio. -SOURCE- (July 23, 1947, ch. 298, Sec. 7, 61 Stat. 407.) ------DocID 41219 Document 132 of 1444------ -CITE- 36 USC Sec. 67g -EXPCITE- TITLE 36 CHAPTER 4A -HEAD- Sec. 67g. Acquisition of assets and liabilities of existing association -STATUTE- The said corporation may and shall acquire all of the assets of the existing unincorporated association known as AMVETS (American Veterans of World War II) upon discharge or satisfactory provisions for the discharge of all its liabilities. -SOURCE- (July 23, 1947, ch. 298, Sec. 8, 61 Stat. 407.) -COD- CODIFICATION Amendment of this section by Pub. L. 95-98, Sec. 1(a), Aug. 15, 1977, 91 Stat. 830, which directed that 'AMVETS (American Veterans of World War II, Korea, and Vietnam)' be substituted for 'AMVETS (American Veterans of World War II)' has not been executed to text because the organization name is used in this section in the context of a historical reference to the name of the predecessor unincorporated association as that association existed at the time of the 1945 convention, at which time the association was named 'AMVETS (American Veterans of World War II)'. ------DocID 41220 Document 133 of 1444------ -CITE- 36 USC Sec. 67h -EXPCITE- TITLE 36 CHAPTER 4A -HEAD- Sec. 67h. Use of assets on dissolution or liquidation -STATUTE- In the event of a final dissolution or liquidation of such corporation, and after the discharge or satisfactory provisions for the discharge of all its liabilities, the remaining assets of the said corporation shall be transferred to the Veterans' Administration to be applied to the care and comfort of disabled veterans of World War II, the Korean conflict and the Vietnam era. -SOURCE- (July 23, 1947, ch. 298, Sec. 9, 61 Stat. 407; Aug. 15, 1977, Pub. L. 95-98, Sec. 1(b)(3), 91 Stat. 830.) -MISC1- AMENDMENTS 1977 - Pub. L. 95-98 inserted ', the Korean conflict and the Vietnam era' after 'World War II'. -CHANGE- CHANGE OF NAME Reference to Veterans' Administration deemed to refer to Department of Veterans Affairs pursuant to section 10 of Pub. L. 100-527, set out as a Department of Veterans Affairs Act note under section 201 of Title 38, Veterans' Benefits. -MISC4- EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95-98 effective Oct. 1, 1977, see section 2 of Pub. L. 95-98, set out as a note under section 67 of this title. ------DocID 41221 Document 134 of 1444------ -CITE- 36 USC Sec. 67i -EXPCITE- TITLE 36 CHAPTER 4A -HEAD- Sec. 67i. Additional corporate powers -STATUTE- The corporation shall have power to - (1) Have succession by its corporate name; (2) Choose such officers, representatives, and agents as are necessary to carry out the purposes of the corporation; (3) Contract and be contracted with; (4) Transfer and convey all real or personal property; (5) Borrow money for the purposes of the corporation, issue bonds therefor, and secure same by mortgage subject in every case to all applicable provisions of Federal or State laws. -SOURCE- (July 23, 1947, ch. 298, Sec. 10, 61 Stat. 407.) ------DocID 41222 Document 135 of 1444------ -CITE- 36 USC Sec. 67j -EXPCITE- TITLE 36 CHAPTER 4A -HEAD- Sec. 67j. Liability for acts of officials and agents -STATUTE- The corporation shall be liable for the acts of its officials, representatives, and agents when acting within the scope of their authority. -SOURCE- (July 23, 1947, ch. 298, Sec. 11, 61 Stat. 407.) ------DocID 41223 Document 136 of 1444------ -CITE- 36 USC Sec. 67k -EXPCITE- TITLE 36 CHAPTER 4A -HEAD- Sec. 67k. Agent for service of process -STATUTE- The corporation shall maintain in the District of Columbia at all times a designated agent authorized to accept services of processes for such corporation; and notice to or service upon such agent, or mail to the business address of such agent, shall be deemed notice or service upon the corporation. -SOURCE- (July 23, 1947, ch. 298, Sec. 12, 61 Stat. 407.) ------DocID 41224 Document 137 of 1444------ -CITE- 36 USC Sec. 67l -EXPCITE- TITLE 36 CHAPTER 4A -HEAD- Sec. 67l. Election of officers -STATUTE- The following national officers of the said corporation shall be elected by the chosen delegates thereof in annual national conventions, each official delegate casting one vote, to wit: National commander and seven national vice commanders, one of whom shall be a woman; finance officer, adjutant, judge advocate, and provost marshal. -SOURCE- (July 23, 1947, ch. 298, Sec. 13, 61 Stat. 408.) ------DocID 41225 Document 138 of 1444------ -CITE- 36 USC Sec. 67m -EXPCITE- TITLE 36 CHAPTER 4A -HEAD- Sec. 67m. Books and records; inspection -STATUTE- The corporation shall keep correct and complete books and records of account and shall also keep minutes of the proceedings of its members, executive committee, and committees having any of the authority of the executive committee; and shall keep at its registered office or principal office a record giving the names and addresses of its members entitled to vote; and permit all books and records of the corporation to be inspected by any member or his agent or his attorney for any proper purpose at any reasonable time. -SOURCE- (July 23, 1947, ch. 298, Sec. 14, 61 Stat. 408.) -CROSS- CROSS REFERENCES Printing of proceedings of national encampments as House documents, see section 1332 of Title 44, Public Printing and Documents. ------DocID 41226 Document 139 of 1444------ -CITE- 36 USC Sec. 67n -EXPCITE- TITLE 36 CHAPTER 4A -HEAD- Sec. 67n. Prohibition against issuance of stock or payment of dividends -STATUTE- The corporation shall not have or issue shares of stock, nor declare or pay dividends. -SOURCE- (July 23, 1947, ch. 298, Sec. 15, 61 Stat. 408.) ------DocID 41227 Document 140 of 1444------ -CITE- 36 USC Sec. 67o -EXPCITE- TITLE 36 CHAPTER 4A -HEAD- Sec. 67o. Loans to officers; liability of officers -STATUTE- No loan shall be made by the corporation to its officers or directors, or any of them, and any directors of the corporation who vote for or assent to the making of a loan or advance to an officer or director of the corporation, and any officer or officers participating in the making of any such loan or advance, shall be jointly and severally liable to the corporation for the amount of such loan until the repayment thereof. -SOURCE- (July 23, 1947, ch. 298, Sec. 16, 61 Stat. 408.) ------DocID 41228 Document 141 of 1444------ -CITE- 36 USC Sec. 67p -EXPCITE- TITLE 36 CHAPTER 4A -HEAD- Sec. 67p. Exclusive right to name, seals, emblems, and badges -STATUTE- The corporation and its State, regional, and local subdivisions shall have the sole and exclusive right to have and use in carrying out its purposes the name AMVETS (American Veterans of World War II, Korea, and Vietnam), and such seals, emblems, and badges as the corporation may lawfully adopt. -SOURCE- (July 23, 1947, ch. 298, Sec. 17, 61 Stat. 408; Aug. 15, 1977, Pub. L. 95-98, Sec. 1(a), 91 Stat. 830.) -MISC1- AMENDMENTS 1977 - Pub. L. 95-98 substituted 'World War II, Korea, and Vietnam)' for 'World War II)'. EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95-98 effective Oct. 1, 1977, see section 2 of Pub. L. 95-98, set out as a note under section 67 of this title. -CROSS- CROSS REFERENCES Penalty for unauthorized manufacture, reproduction, or sale of badges or emblems of veterans' organizations, see section 705 of Title 18, Crimes and Criminal Procedure. ------DocID 41229 Document 142 of 1444------ -CITE- 36 USC Sec. 67q -EXPCITE- TITLE 36 CHAPTER 4A -HEAD- Sec. 67q. Service of process; local authorized agents in States -STATUTE- As a condition precedent to the exercise of any power or privilege herein granted or conferred AMVETS (American Veterans of World War II, Korea, and Vietnam) shall serve notice on the secretary of state, in each State, of the name and address of an authorized agent in such State upon whom legal process or demands against this corporation may be served. -SOURCE- (July 23, 1947, ch. 298, Sec. 18, 61 Stat. 408; Aug. 15, 1977, Pub. L. 95-98, Sec. 1(a), 91 Stat. 830.) -MISC1- AMENDMENTS 1977 - Pub. L. 95-98 substituted 'World War II, Korea, and Vietnam)' for 'World War II)'. EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95-98 effective Oct. 1, 1977, see section 2 of Pub. L. 95-98, set out as a note under section 67 of this title. ------DocID 41230 Document 143 of 1444------ -CITE- 36 USC Sec. 67r -EXPCITE- TITLE 36 CHAPTER 4A -HEAD- Sec. 67r. Grant and accrual of rights of other national veterans' organizations -STATUTE- Such provisions, privileges, and prerogatives as have been granted heretofore to other national veterans' organizations by virtue of their being incorporated by Congress are granted and accrue to AMVETS (American Veterans of World War II, Korea, and Vietnam). -SOURCE- (July 23, 1947, ch. 298, Sec. 19, 61 Stat. 408; Aug. 15, 1977, Pub. L. 95-98, Sec. 1(a), 91 Stat. 830.) -MISC1- AMENDMENTS 1977 - Pub. L. 95-98 substituted 'World War II, Korea, and Vietnam)' for 'World War II)'. EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95-98 effective Oct. 1, 1977, see section 2 of Pub. L. 95-98, set out as a note under section 67 of this title. ------DocID 41231 Document 144 of 1444------ -CITE- 36 USC Sec. 67s -EXPCITE- TITLE 36 CHAPTER 4A -HEAD- Sec. 67s. Reservation of right to amend or repeal chapter -STATUTE- The right to repeal, alter, or amend this chapter at any time is expressly reserved. -SOURCE- (July 23, 1947, ch. 298, Sec. 20, 61 Stat. 408.) ------DocID 41232 Document 145 of 1444------ -CITE- 36 USC CHAPTER 5 -EXPCITE- TITLE 36 CHAPTER 5 -HEAD- CHAPTER 5 - GRAND ARMY OF THE REPUBLIC ------DocID 41233 Document 146 of 1444------ -CITE- 36 USC Sec. 71 to 77 -EXPCITE- TITLE 36 CHAPTER 5 -HEAD- Sec. 71 to 77. Omitted -COD- CODIFICATION Sections 71 to 77 related to Grand Army of the Republic, which terminated pursuant to former section 76 of this title. Section 71, act June 3, 1924, ch. 242, Sec. 1, 43 Stat. 358, established a corporation known as the Grand Army of the Republic, with a membership limited to those who served as soldiers and sailors of the United States between Apr. 12, 1861 and Apr. 9, 1865 or in State regiments called into active service between those date and who were honorably discharged, and specified the powers of the corporation. Section 72, act June 3, 1924, ch. 242, Sec. 2, 43 Stat. 359, defined objects and purposes of corporation. Section 73, act June 3, 1924, ch. 242, Sec. 3, 43 Stat. 359, provided for a governing body for corporation. Section 74, act June 3, 1924, ch. 242, Sec. 4, 43 Stat. 359, provided that governing body determine membership, except as limited by the provision of section 71 of this title. Section 75, act June 3, 1924, ch. 242, Sec. 5, 43 Stat. 359, provided that activities of corporation be carried on through certain agencies. Section 76, act June 3, 1924, ch. 242, Sec. 6, 43 Stat. 360, provided that corporate existence of the Grand Army of the Republic terminate when the last of its members dies. Section 77, acts June 3, 1924, ch. 242, Sec. 7, 43 Stat. 360; June 25, 1936, ch. 804, 49 Stat. 1921; June 25, 1948, ch. 646, Sec. 32(b), 62 Stat. 991; May 24, 1949, ch. 139, Sec. 127, 63 Stat. 107, provided for disposal of property and archives. ------DocID 41234 Document 147 of 1444------ -CITE- 36 USC CHAPTER 5A -EXPCITE- TITLE 36 CHAPTER 5A -HEAD- CHAPTER 5A - LADIES OF THE GRAND ARMY OF THE REPUBLIC -MISC1- Sec. 78. Corporation created. 78a. Omitted. 78b. Purposes of corporation. 78c. Powers of corporation. 78d. Membership; voting rights. 78e. Governing body; composition; meetings. 78f. Officers of corporation; selection; tenure; duties. 78g. Principal office; territorial scope of activities; agent for service of process. 78h. Distribution of income or assets to members; loans. 78i. Nonpolitical nature of corporation. 78j. Liability for acts of officers and agents. 78k. Prohibition against issuance of stock or payment of dividends. 78l. Books and records; inspection. 78m. Repealed. 78n. Annual report. 78o. Exclusive right to name, emblems, seals, and badges. 78p. Use of assets on dissolution or liquidation. 78q. Reservation of right to amend or repeal chapter. ------DocID 41235 Document 148 of 1444------ -CITE- 36 USC Sec. 78 -EXPCITE- TITLE 36 CHAPTER 5A -HEAD- Sec. 78. Corporation created -STATUTE- The following-named persons, to wit: Gussie Laile Morin, Seattle, Washington; Margaret Hopkins Worrell, Ironton, Ohio; Twannette Paull, Kansas City, Missouri; Nellie D. Howe, Grand Rapids, Michigan; Sarah J. Ehrmann, Orange City, Florida; Mabel S. Taylor, Providence, Rhode Island; Edwina P. Trigg, Kansas City, Missouri; Cora M. Rowling, Indianapolis, Indiana; Irene Mangle, Woodruff, Wisconsin; Catherine G. Schroeder, Los Angeles, California; Mabel Y. Coffey, Colorado Springs, Colorado; Helen M. Lehman, Jersey City, New Jersey; Margaret Grandle, Pittsburg, Kansas; Frances M. Kuhns, Greensburg, Pennsylvania; Gladys W. Newton, Charleston, West Virginia; Olive Vanwagenen, Washington, District of Columbia; Luella Orr, Tulsa, Oklahoma; Edna S. Lindsey, Portland, Oregon; Rosalie E. Leonard, Boise, Idaho; Lura B. Frye, Peoria, Illinois; Theo McCallum, Neenah, Wisconsin; Eloise E. Whitmer, Washington, District of Columbia; Harriet E. Hughes, New York City, New York; Margaret G. Urban, Oakmont, Pennsylvania; Bertha Hunt, Des Moines, Iowa; Marie E. Godda, Omaha, Nebraska; Anna Hausman, Washington, District of Columbia; Frances C. Linnell, Plymouth, Massachusetts; Alma M. Blitz, Minneapolis, Minnesota; Lila Lovett, Portland, Maine; Eveh M. Ervin, Keene, New Hampshire; Mildred Puckett, Louisville, Kentucky; Ada Anderson, Wilmington, Delaware; and all past national presidents, and their successors, are created and declared to be a body corporate of the District of Columbia, where its legal domicile shall be, by the name of the Ladies of the Grand Army of the Republic (hereinafter referred to as the corporation), and by such name, shall be known and have perpetual succession and the powers, limitations, and restrictions herein contained. -SOURCE- (Pub. L. 86-47, Sec. 1, June 17, 1959, 73 Stat. 76.) ------DocID 41236 Document 149 of 1444------ -CITE- 36 USC Sec. 78a -EXPCITE- TITLE 36 CHAPTER 5A -HEAD- Sec. 78a. Omitted -COD- CODIFICATION Section, Pub. L. 86-47, Sec. 2, June 17, 1959, 73 Stat. 77, related to procedure for completion of organization of corporation. ------DocID 41237 Document 150 of 1444------ -CITE- 36 USC Sec. 78b -EXPCITE- TITLE 36 CHAPTER 5A -HEAD- Sec. 78b. Purposes of corporation -STATUTE- The purposes of the corporation shall be: To perpetuate the memory of the Grand Army of the Republic and of the men who saved the Union in 1861 to 1865; to assist in every practicable way in the preservation and making available for research of documents and records pertaining to the Grand Army of the Republic and its members; to cooperate in doing honor to all those who have patriotically served our country in any way; to teach patriotism and the duties of citizenship, the true history of our country, and the love and honor of our flag; to oppose every tendency or movement that would weaken loyalty to, or make for the destruction or impairment of, our constitutional Union; and to inculcate and broadly sustain the American principles of representative government, of equal rights, and of impartial justice for all. -SOURCE- (Pub. L. 86-47, Sec. 3, June 17, 1959, 73 Stat. 77.) ------DocID 41238 Document 151 of 1444------ -CITE- 36 USC Sec. 78c -EXPCITE- TITLE 36 CHAPTER 5A -HEAD- Sec. 78c. Powers of corporation -STATUTE- The corporation shall have power - (1) to have succession by its corporate name; (2) to sue and be sued, complain and defend in any court of competent jurisdiction; (3) to adopt, use, and alter a corporate seal; (4) to choose such officers, managers, agents, and employees as the activities of the corporation may require; (5) to adopt, amend, and alter a constitution and bylaws; not inconsistent with the laws of the United States or of any State in which the corporation is to operate, for the management of its property and the regulation of its affairs; (6) to contract and be contracted with; (7) to take by lease, gift, purchase, grant, devise, or bequest from any public body or agency or any private corporation, association, partnership, firm, or individual and to hold absolutely or in trust for any of the purposes of the corporation any property, real, personal, or mixed, necessary or convenient for attaining the objects and carrying into effect the purposes of the corporation, subject, however, to applicable provisions of law of any State (A) governing the amount or kind of property which may be held by, or (B) otherwise limiting or controlling the ownership of property by, a corporation operating in such State; (8) to transfer, convey, lease, sublease, encumber and otherwise alienate real, personal, or mixed property; (9) to borrow money for the purposes of the corporation, issue bonds therefor, and secure the same by mortgage, deed of trust, pledge or otherwise, subject in every case to all applicable provisions of Federal and State laws; and (10) to do any and all acts and things necessary and proper to carry out the objects and purposes of the corporation. -SOURCE- (Pub. L. 86-47, Sec. 4, June 17, 1959, 73 Stat. 77.) ------DocID 41239 Document 152 of 1444------ -CITE- 36 USC Sec. 78d -EXPCITE- TITLE 36 CHAPTER 5A -HEAD- Sec. 78d. Membership; voting rights -STATUTE- (a) Eligibility for membership in the corporation and the rights, privileges, and designation of classes of membership shall, except as provided in this chapter, be determined as the constitution and bylaws of the corporation may provide. Eligibility for membership in the corporation shall be limited to female blood relatives of persons who served between April 12, 1861, and April 9, 1865, as soldiers or sailors of the United States Army, Navy, Marine Corps, or Revenue-Cutter Service, and of such State regiments as were called into active service and were subject to orders of United States general officers between the dates above mentioned and were honorably discharged therefrom at the close of such service or who died in such service. (b) Each member of the corporation shall have the right to one vote in each matter submitted to a vote at all meetings of the members of the corporation. -SOURCE- (Pub. L. 86-47, Sec. 5, June 17, 1959, 73 Stat. 78.) -MISC1- REVENUE CUTTER SERVICE Coast Guard established in lieu of Revenue Cutter Service and Life-Saving Service by act Jan. 28, 1915, ch. 20, Sec. 1, 38 Stat. 800. That act was repealed by act Aug. 4, 1949, ch. 393, Sec. 20, 63 Stat. 561, section 1 of which reestablished the Coast Guard by enacting Title 14, Coast Guard. ------DocID 41240 Document 153 of 1444------ -CITE- 36 USC Sec. 78e -EXPCITE- TITLE 36 CHAPTER 5A -HEAD- Sec. 78e. Governing body; composition; meetings -STATUTE- The supreme governing authority of the corporation shall be the national convention thereof, composed of such officers and elected representatives from the several States and other local subdivisions of the corporate organization as shall be provided by the constitution and bylaws: Provided, That the form of the government of the corporation shall always be representative of the membership at large and shall not permit the concentration of control thereof in the hands of a limited number of members or in a self-perpetuating group not so representative. The meetings of the national convention may be held in any State or Territory or in the District of Columbia. -SOURCE- (Pub. L. 86-47, Sec. 6, June 17, 1959, 73 Stat. 78.) ------DocID 41241 Document 154 of 1444------ -CITE- 36 USC Sec. 78f -EXPCITE- TITLE 36 CHAPTER 5A -HEAD- Sec. 78f. Officers of corporation; selection; tenure; duties -STATUTE- The officers of the corporation shall be selected in such manner and for such terms and with such duties and titles as may be prescribed in the constitution and bylaws of the corporation. -SOURCE- (Pub. L. 86-47, Sec. 7, June 17, 1959, 73 Stat. 78.) ------DocID 41242 Document 155 of 1444------ -CITE- 36 USC Sec. 78g -EXPCITE- TITLE 36 CHAPTER 5A -HEAD- Sec. 78g. Principal office; territorial scope of activities; agent for service of process -STATUTE- (a) The principal office of the corporation shall be located in Washington, District of Columbia, or in such other place as may later be determined by the corporation, but the activities of the corporation shall not be confined to that place and may be conducted throughout the various States, Territories, and possessions of the United States. (b) The corporation shall have in the District of Columbia at all times a designated agent authorized to accept service of process for the corporation; and notice to or service upon such agent, or mailed to the business address of such agent, shall be deemed notice to or service upon the corporation. -SOURCE- (Pub. L. 86-47, Sec. 8, June 17, 1959, 73 Stat. 78.) ------DocID 41243 Document 156 of 1444------ -CITE- 36 USC Sec. 78h -EXPCITE- TITLE 36 CHAPTER 5A -HEAD- Sec. 78h. Distribution of income or assets to members; loans -STATUTE- (a) No part of the income or assets of the corporation shall inure to any of its members or officers as such, or be distributable to any of them during the life of the corporation or upon its dissolution or final liquidation. Nothing in this subsection, however, shall be construed to prevent the payment of compensation to officers of the corporation or reimbursement for actual necessary expenses in amounts approved by the council of administration of the corporation. (b) The corporation shall not make loans to its officers or employees. Any member of the council of administration who votes for or assents to the making of a loan or advance to an officer or employee of the corporation, and any officer who participates in the making of such loan or advance, shall be jointly and severally liable to the corporation for the amount of such loan until the repayment thereof. -SOURCE- (Pub. L. 86-47, Sec. 9, June 17, 1959, 73 Stat. 78.) ------DocID 41244 Document 157 of 1444------ -CITE- 36 USC Sec. 78i -EXPCITE- TITLE 36 CHAPTER 5A -HEAD- Sec. 78i. Nonpolitical nature of corporation -STATUTE- The corporation and its officers and agents as such shall not contribute to any political party or candidate for public office. -SOURCE- (Pub. L. 86-47, Sec. 10, June 17, 1959, 73 Stat. 79.) ------DocID 41245 Document 158 of 1444------ -CITE- 36 USC Sec. 78j -EXPCITE- TITLE 36 CHAPTER 5A -HEAD- Sec. 78j. Liability for acts of officers and agents -STATUTE- The corporation shall be liable for the acts of its officers and agents when acting within the scope of their authority. -SOURCE- (Pub. L. 86-47, Sec. 11, June 17, 1959, 73 Stat. 79.) ------DocID 41246 Document 159 of 1444------ -CITE- 36 USC Sec. 78k -EXPCITE- TITLE 36 CHAPTER 5A -HEAD- Sec. 78k. Prohibition against issuance of stock or payment of dividends -STATUTE- The corporation shall have no power to issue any shares of stock or to declare or pay any dividends. -SOURCE- (Pub. L. 86-47, Sec. 12, June 17, 1959, 73 Stat. 79.) ------DocID 41247 Document 160 of 1444------ -CITE- 36 USC Sec. 78l -EXPCITE- TITLE 36 CHAPTER 5A -HEAD- Sec. 78l. Books and records; inspection -STATUTE- The corporation shall keep correct and complete books and records of account and shall keep minutes of the proceedings of its national conventions and council of administration. All books and records of the corporation may be inspected by any member, or his agent or attorney, for any proper purposes, at any reasonable time. -SOURCE- (Pub. L. 86-47, Sec. 13, June 17, 1959, 73 Stat. 79.) ------DocID 41248 Document 161 of 1444------ -CITE- 36 USC Sec. 78m -EXPCITE- TITLE 36 CHAPTER 5A -HEAD- Sec. 78m. Repealed. Pub. L. 88-504, Sec. 4(7), Aug. 30, 1964, 78 Stat. 636 -MISC1- Section, Pub. L. 86-47, Sec. 14, June 17, 1959, 73 Stat. 79, related to audit of financial transactions and report of such audit to Congress. See sections 1101 to 1103 of this title. ------DocID 41249 Document 162 of 1444------ -CITE- 36 USC Sec. 78n -EXPCITE- TITLE 36 CHAPTER 5A -HEAD- Sec. 78n. Annual report -STATUTE- On or before March 1 of each year the corporation shall report to the Congress on its activities during the preceding fiscal year. Such report may consist of a report on the proceedings of the national convention covering such fiscal year. Such report shall not be printed as a public document. -SOURCE- (Pub. L. 86-47, Sec. 15, June 17, 1959, 73 Stat. 79.) ------DocID 41250 Document 163 of 1444------ -CITE- 36 USC Sec. 78o -EXPCITE- TITLE 36 CHAPTER 5A -HEAD- Sec. 78o. Exclusive right to name, emblems, seals, and badges -STATUTE- The corporation and its subordinate divisions shall have the sole and exclusive right to use the name, 'Ladies of the Grand Army of the Republic'. The corporation shall have the exclusive and sole right to use, or to allow or refuse the use of, such emblems, seals, and badges as have heretofore been used by the Ladies of the Grand Army of the Republic. -SOURCE- (Pub. L. 86-47, Sec. 16, June 17, 1959, 73 Stat. 79.) ------DocID 41251 Document 164 of 1444------ -CITE- 36 USC Sec. 78p -EXPCITE- TITLE 36 CHAPTER 5A -HEAD- Sec. 78p. Use of assets on dissolution or liquidation -STATUTE- Upon dissolution or final liquidation of the corporation, after discharge or satisfaction of all outstanding obligations and liabilities, the remaining assets, if any, of the corporation shall be distributed in accordance with the determination of the council of administration and in compliance with the constitution and bylaws of the corporation and all Federal and State laws applicable thereto. -SOURCE- (Pub. L. 86-47, Sec. 17, June 17, 1959, 73 Stat. 80.) ------DocID 41252 Document 165 of 1444------ -CITE- 36 USC Sec. 78q -EXPCITE- TITLE 36 CHAPTER 5A -HEAD- Sec. 78q. Reservation of right to amend or repeal chapter -STATUTE- The right to alter, amend, or repeal this chapter is expressly reserved. -SOURCE- (Pub. L. 86-47, Sec. 18, June 17, 1959, 73 Stat. 80.) ------DocID 41253 Document 166 of 1444------ -CITE- 36 USC CHAPTER 6 -EXPCITE- TITLE 36 CHAPTER 6 -HEAD- CHAPTER 6 - UNITED STATES BLIND VETERANS OF WORLD WAR I -MISC1- Sec. 81. Corporation created. 82. Completion of organization. 83. Purposes of corporation. 84. Powers of corporation. 85. Membership. 86. Nonpolitical nature of corporation. 87. Exclusive right to name. 88. Reservation of right to amend or repeal chapter. ------DocID 41254 Document 167 of 1444------ -CITE- 36 USC Sec. 81 -EXPCITE- TITLE 36 CHAPTER 6 -HEAD- Sec. 81. Corporation created -STATUTE- The following persons, to wit: James P. Funk, of Pennsylvania; Bernard Corcoran, of New York; James Kozeluh, of Arkansas; Earl Booher, of Kansas; Carl Bronner, of Michigan; Samuel Hendrickson, of Cincinnati; Harvey E. Gilbert, of Illinois; Quiller Cole, of Georgia; Lawrence A. Bunce, of Colorado; Ludwig Guminish, of New York; Richard H. Miller, junior, of Maryland; Charles R. Fear, of Pennsylvania; Oscar M. Simpkins, of Oklahoma; Everett L. Radford, of Texas; Thomas H. Huskey, of Missouri; Lee M. Brame, of Alabama; Frank O. Berg, of Wisconsin; Henry G. Beggs, of Georgia; Lawrence V. Morrow, of Missouri; Charles R. Leguerrir, of Missouri; Walter Taylor, of Missouri; Laigear Antee, of Louisiana; Alois F. Greene, of Illinois; Loyal M. Holmes, of Maryland; Newton A. Kulp, of Pennsylvania; Roswell D. Pitman, of New York; Connie L. McLean, of Texas; Hamilton C. Miles, of Ohio; John J. Austin, of South Dakota; Irvine E. Barnes, of Missouri; Bertie W. Randall, of Missouri; Max N. Kujawski, of Indiana; Charles Freeland, of Illinois; James M. Daniels, of Tennessee; William E. Yates, of Texas; Mike Kereli, of Ohio; Peter Lionudakes, of Utah; Vaclav T. Jesek, of Texas; Samuel Hillman, of Ohio; Herbert S. Journeau, of Michigan; Charles F. Ross, of New York; Morgan Rose, of New York; Walter F. Develing, of Illinois; Rudolph E. Frye, of Maryland; Steve D. Tanner, of Montana; Joseph Hulin, of North Carolina; Blaine G. Yeoman, of Oklahoma; Thomas Williams, of West Virginia; William J. Murray, of New York; Ivan E. Bushong, of Washington; Raymond Washburn, of Ohio; William P. Alexander, of Kentucky; Burl Glover, of Ohio; John H. Williams, of Washington; Joseph L. Herver, of Oklahoma; Daniel Carbone, of Pennsylvania; John J. Varga, of Connecticut; John J. Rapp, of Pennsylvania; Charles S. Bennett, of Arkansas; Richard Knigge, of Idaho; Walter Mau, of New York; Domenico Capuczi, of New York; John Kosic, of Massachusetts; Raymond S. Day, of Pennsylvania; Harry Herring, of Pennsylvania; Samuel Singer, of Massachusetts; George Graves, of Missouri; Abe Kittay, of New York; John Halahan, of Pennsylvania; Frank J. Lhota, of Pennsylvania; Edward J. Paulson, of Pennsylvania; Ellis De Witt, of the District of Columbia; Bernard Cady, of Maryland; John Marzullo, of Illinois; Joe Brew, of Pennsylvania; Lloyd Pierson, of Nebraska; Philip N. Harrison, of Pennsylvania, and their successors, are created and declared to be a body corporate of the District of Columbia. The name of this corporation shall be 'The United States Blind Veterans of the World War.' -SOURCE- (June 7, 1924, ch. 296, Sec. 1, 43 Stat. 535.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 82 of this title. ------DocID 41255 Document 168 of 1444------ -CITE- 36 USC Sec. 82 -EXPCITE- TITLE 36 CHAPTER 6 -HEAD- Sec. 82. Completion of organization -STATUTE- The said persons named in section 81 of this title are hereby authorized to meet to complete the organization of said corporation by the selection of officers, the adoption of a constitution and by-laws, and and (FOOTNOTE 1) to do all other things necessary to carry into effect the provisions of this chapter. (FOOTNOTE 1) So in original. -SOURCE- (June 7, 1924, ch. 296, Sec. 2, 43 Stat. 535.) ------DocID 41256 Document 169 of 1444------ -CITE- 36 USC Sec. 83 -EXPCITE- TITLE 36 CHAPTER 6 -HEAD- Sec. 83. Purposes of corporation -STATUTE- The purposes of the corporation are to bind together for their mutual fellowship and assistance those citizens of the United States of America who have served their country in war, and who bear as a mark of such service the loss of their sight and to perpetuate and keep alive the memories of their comradeship and to enable them by their organization to render what aid they can to the blind in general. -SOURCE- (June 7, 1924, ch. 296, Sec. 3, 43 Stat. 535.) ------DocID 41257 Document 170 of 1444------ -CITE- 36 USC Sec. 84 -EXPCITE- TITLE 36 CHAPTER 6 -HEAD- Sec. 84. Powers of corporation -STATUTE- The corporation created by this chapter shall have the following powers: To have perpetual succession with power to sue and be sued in courts of law and equity; to receive, hold, own, use, and dispose of such real estate and personal property as shall be necessary for its corporate purposes; to adopt a corporate seal and alter the same at pleasure; to adopt a constitution, bylaws, and regulations to carry out its purposes, not inconsistent with the laws of the United States or of any State; to use in carrying out the purposes of the corporation such emblems and badges as it may adopt; to establish and maintain offices for the conduct of its business; to establish State and Territorial organizations and local chapter or post organizations; to publish a magazine or other publications, and generally do any and all such acts and things as may be necessary and proper in carrying into effect the purposes of the corporation. -SOURCE- (June 7, 1924, ch. 296, Sec. 4, 43 Stat. 536.) -CROSS- CROSS REFERENCES Penalty for unauthorized manufacture, reproduction, or sale of badges or emblems of veterans' organizations, see section 705 of Title 18, Crimes and Criminal Procedure. ------DocID 41258 Document 171 of 1444------ -CITE- 36 USC Sec. 85 -EXPCITE- TITLE 36 CHAPTER 6 -HEAD- Sec. 85. Membership -STATUTE- Any honorably discharged American veteran of the allied forces who participated in the World War and whose vision has become defective to such an extent that he is eligible for training under Supervisor for the Blind of the Veterans' Administration, and any ex-service man who is eligible for such training shall be eligible for 'active membership' in the United States Blind Veterans of the World War. The members of this corporation shall have the power to admit such other persons to 'honorary' membership as they may see fit. -SOURCE- (June 7, 1924, ch. 296, Sec. 5, 43 Stat. 536.) -CHANGE- CHANGE OF NAME Reference to Veterans' Administration deemed to refer to Department of Veterans Affairs pursuant to section 10 of Pub. L. 100-527, set out as a Department of Veterans Affairs Act note under section 201 of Title 38, Veterans' Benefits. -TRANS- TRANSFER OF FUNCTIONS 'Veterans' Administration' substituted for 'United States Veterans' Bureau' pursuant to act July 3, 1930, ch. 863, Sec. 1, 46 Stat. 1016, which consolidated Bureau of Pensions, National Home for Disabled Volunteer Soldiers, and United States Veterans' Bureau into Veterans' Administration. Act July 3, 1930, was repealed by section 2202(125) of Pub. L. 85-56, title XXII, June 17, 1957, 71 Stat. 163. Section 201 of Pub. L. 85-56 continued Veterans' Administration as an independent establishment in executive branch of Government. See section 201 of Title 38, Veterans' Benefits. ------DocID 41259 Document 172 of 1444------ -CITE- 36 USC Sec. 86 -EXPCITE- TITLE 36 CHAPTER 6 -HEAD- Sec. 86. Nonpolitical nature of corporation -STATUTE- This organization shall be nonpolitical and shall not be used for the dissemination of partisan principles. -SOURCE- (June 7, 1924, ch. 296, Sec. 6, 43 Stat. 536.) ------DocID 41260 Document 173 of 1444------ -CITE- 36 USC Sec. 87 -EXPCITE- TITLE 36 CHAPTER 6 -HEAD- Sec. 87. Exclusive right to name -STATUTE- The corporation and its State and local subdivisions shall have the sole and exclusive right to have and to use in carrying out its purposes the name 'The United States Blind Veterans of the World War.' -SOURCE- (June 7, 1924, ch. 296, Sec. 7, 43 Stat. 536.) ------DocID 41261 Document 174 of 1444------ -CITE- 36 USC Sec. 88 -EXPCITE- TITLE 36 CHAPTER 6 -HEAD- Sec. 88. Reservation of right to amend or repeal chapter -STATUTE- The right to repeal, alter, or amend this chapter at any time is expressly reserved. -SOURCE- (June 7, 1924, ch. 296, Sec. 8, 43 Stat. 536.) ------DocID 41262 Document 175 of 1444------ -CITE- 36 USC CHAPTER 6A -EXPCITE- TITLE 36 CHAPTER 6A -HEAD- CHAPTER 6A - DISABLED AMERICAN VETERANS -MISC1- Sec. 90a. Corporation created. 90b. Completion of organization. 90c. Purposes of corporation. 90d. Powers of corporation. 90e. Membership. 90f. Nonpolitical nature of corporation. 90g. Acquisition of assets and liabilities of existing organization. 90h. Exclusive right to name. 90i. Annual report. 90j. Agents for service of process. 90k. Reservation of right to amend or repeal chapter. ------DocID 41263 Document 176 of 1444------ -CITE- 36 USC Sec. 90a -EXPCITE- TITLE 36 CHAPTER 6A -HEAD- Sec. 90a. Corporation created -STATUTE- The following persons, to wit, Robert S. Marx, of Ohio; William J. Donovan, of New York; H. G. Lightner, of Kentucky; A. B. Powell, of Alabama; Glenn E. Miner, of Arizona; George H. H. Pratt, of Arkansas; Volney P. Mooney, junior, of California; A. E. Sherlock, of Colorado; Peter Nugent, of Connecticut; Miles H. Draper, of Florida; William E. Tate, of Georgia; Jesse J. McQueen, of Idaho; Herman H. Weimer, of Illinois; S. G. Smelser, of Indiana; Henry J. Bitters, of Iowa; E. C. Moore, of Kansas; L. C. Mayeux, of Louisiana; F. J. McCarthy, of Maine; George W. Golden, of Maryland; J. W. McQueen, of Missouri; Leon C. Waite, of Massachusetts; L. E. Sharp, of Michigan; George E. Leach, of Minnesota; Quintus E. Camp, of Mississippi; John W. Mahan, of Montana; Leonard D. Densmore, of Nebraska; I. A. Lougaris, of Nevada; E. P. Badger, of New Hampshire; W. J. Dodd, of New Jersey; Carl F. Whittaker, of New Mexico; Malcolm Smith, of North Carolina; H. J. Muehlenbein, of North Dakota; Fletcher Riley, of Oklahoma; Lile Dailey, of Oregon; J. J. O'Leary, of Pennsylvania; Arthur Cole, of Rhode Island; G. G. Blackman, of South Carolina; Albert Haugse, of South Dakota; Reuben D. Hays, of Tennessee; M. A. Harlan, of Texas; Gaylen S. Young, of Utah; Malvern S. Ellis, of Vermont; George D. Simmons, of Virginia; Miles Price, of Washington; W. J. O'Neil, of West Virginia; Reverend G. Stearns, of Wisconsin; and such persons as may be chosen who are members of the Disabled American Veterans of the World War, and their successors, are created and declared to be a body corporate. The name of this corporation shall be the 'Disabled American Veterans.' -SOURCE- (June 17, 1932, ch. 268, Sec. 1, 47 Stat. 320; July 15, 1942, ch. 505, Sec. 1, 56 Stat. 659.) -MISC1- AMENDMENTS 1942 - Act July 15, 1942, substituted 'Disabled American Veterans' for 'Disabled American Veterans of the World War'. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 90b of this title. ------DocID 41264 Document 177 of 1444------ -CITE- 36 USC Sec. 90b -EXPCITE- TITLE 36 CHAPTER 6A -HEAD- Sec. 90b. Completion of organization -STATUTE- The said persons named in section 90a of this title, and such other persons as may be selected from among the membership of the Disabled American Veterans of the World War, an unincorporated patriotic society of the wounded and disabled soldiers, sailors, and marines of the Great War of 1917-1918, are hereby authorized to meet to complete the organization of said corporation by the selection of officers, the adoption of a constitution and by-laws, and to do all other things necessary to carry into effect the provisions of this chapter, at which meeting any person duly accredited as a delegate from any local or State organizations of the existing unincorporated organization known as the Disabled American Veterans of the World War shall be permitted to participate in the proceedings thereof. -SOURCE- (June 17, 1932, ch. 268, Sec. 2, 47 Stat. 320.) ------DocID 41265 Document 178 of 1444------ -CITE- 36 USC Sec. 90c -EXPCITE- TITLE 36 CHAPTER 6A -HEAD- Sec. 90c. Purposes of corporation -STATUTE- The purposes of this corporation shall be - To uphold and maintain the Constitution and the laws of the United States, to realize the true American ideals and aims for which those eligible to membership fought; to advance the interests and work for the betterment of all wounded, injured, and disabled American veterans; to cooperate with the United States Veterans' Administration and all other public and private agencies devoted to the cause of improving and advancing the condition, health, and interests of all wounded, injured, and disabled veterans; to stimulate a feeling of mutual devotion, helpfulness, and comradeship among all wounded, injured, and disabled veterans; to serve our comrades, our communities, and our country; and to encourage in all people that spirit of understanding which will guard against future wars. -SOURCE- (June 17, 1932, ch. 268, Sec. 3, 47 Stat. 320; July 15, 1942, ch. 505, Sec. 2, 56 Stat. 660.) -MISC1- AMENDMENTS 1942 - Act July 15, 1942, struck out references to veterans 'of the World War' and inserted 'to serve our comrades, our communities, and our country;'. -CHANGE- CHANGE OF NAME Reference to Veterans' Administration deemed to refer to Department of Veterans Affairs pursuant to section 10 of Pub. L. 100-527, set out as a Department of Veterans Affairs Act note under section 201 of Title 38, Veterans' Benefits. ------DocID 41266 Document 179 of 1444------ -CITE- 36 USC Sec. 90d -EXPCITE- TITLE 36 CHAPTER 6A -HEAD- Sec. 90d. Powers of corporation -STATUTE- The corporation created by this chapter shall have the following powers: To have perpetual succession with power to sue and be sued in courts of law and equity; to receive, hold, own, use, and dispose of such real estate and personal property as shall be necessary for its corporate purposes; to adopt a corporate seal and alter the same at pleasure; to adopt a constitution, bylaws, and regulations to carry out its purposes, not inconsistent with the laws of the United States or any State; to use in carrying out the purposes of the corporation such emblems and badges as it may adopt; to establish and maintain offices for the conduct of its business; to establish State and Territorial organizations and local chapter or post organizations; to publish a newspaper or other publications devoted to the purposes of the corporation; and generally to do any and all such acts and things as may be necessary and proper in carrying into effect the purposes of the corporation. -SOURCE- (June 17, 1932, ch. 268, Sec. 4, 47 Stat. 321.) -CROSS- CROSS REFERENCES Penalty for unauthorized manufacture, reproduction, or sale of badges or emblems of veterans' organizations, see section 705 of Title 18, Crimes and Criminal Procedure. Recognition by Secretary of Veterans Affairs of representatives of Disabled American Veterans for prosecution of claims under laws administered by Department of Veterans Affairs, see section 3402 of Title 38, Veterans' Benefits. ------DocID 41267 Document 180 of 1444------ -CITE- 36 USC Sec. 90e -EXPCITE- TITLE 36 CHAPTER 6A -HEAD- Sec. 90e. Membership -STATUTE- Any man or woman who was wounded, gassed, injured, or disabled in line of duty during time of war while in the service of either the military or naval forces of the United States of America, and who has been honorably discharged or separated from such service, or who may still be in active service in the armed forces of the United States, is eligible for membership in the Disabled American Veterans. Others who were disabled while serving with any of the armed forces of any nations associated with the United States as allies during any of its war periods, who are American citizens and who were honorably discharged, are also eligible. The Disabled American Veterans shall not have honorary members. -SOURCE- (June 17, 1932, ch. 268, Sec. 5, 47 Stat. 321; July 15, 1942, ch. 505, Sec. 3, 56 Stat. 660.) -MISC1- AMENDMENTS 1942 - Act July 15, 1942, struck out limitation on membership to disabled veterans of World War I, among other changes. ------DocID 41268 Document 181 of 1444------ -CITE- 36 USC Sec. 90f -EXPCITE- TITLE 36 CHAPTER 6A -HEAD- Sec. 90f. Nonpolitical nature of corporation -STATUTE- The organization shall be nonpolitical and nonsectarian, and as an organization shall not promote the candidacy of any person seeking public office. -SOURCE- (June 17, 1932, ch. 268, Sec. 6, 47 Stat. 321; July 15, 1942, ch. 505, Sec. 4, 56 Stat. 660.) -MISC1- AMENDMENTS 1942 - Act July 15, 1942, struck out comma and inserted 'and' after 'nonpolitical', inserted 'and' before 'as', and substituted 'person' for 'persons'. ------DocID 41269 Document 182 of 1444------ -CITE- 36 USC Sec. 90g -EXPCITE- TITLE 36 CHAPTER 6A -HEAD- Sec. 90g. Acquisition of assets and liabilities of existing organization -STATUTE- Said corporation may acquire any or all of the assets of the existing unincorporated national organization known as the Disabled American Veterans of the World War upon discharging or satisfactorily providing for the payment and discharge of all its liabilities. -SOURCE- (June 17, 1932, ch. 268, Sec. 7, 47 Stat. 321.) ------DocID 41270 Document 183 of 1444------ -CITE- 36 USC Sec. 90h -EXPCITE- TITLE 36 CHAPTER 6A -HEAD- Sec. 90h. Exclusive right to name -STATUTE- Said corporation, and its State and local subdivisions, shall have the sole and exclusive right to have and to use in carrying out its purposes the name 'Disabled American Veterans'. -SOURCE- (June 17, 1932, ch. 268, Sec. 8, 47 Stat. 321; July 15, 1942, ch. 505, Sec. 5, 56 Stat. 660.) -MISC1- AMENDMENTS 1942 - Act July 15, 1942, substituted 'Disabled American Veterans' for 'Disabled Veterans of the World War'. ------DocID 41271 Document 184 of 1444------ -CITE- 36 USC Sec. 90i -EXPCITE- TITLE 36 CHAPTER 6A -HEAD- Sec. 90i. Annual report -STATUTE- The said corporation shall, on or before the 1st day of January in each year, make and transmit to the Congress a report of its proceedings for its preceding fiscal year. -SOURCE- (June 17, 1932, ch. 268, Sec. 9, 47 Stat. 321; July 15, 1942, ch. 505, Sec. 6, 56 Stat. 660; Aug. 30, 1964, Pub. L. 88-504, Sec. 4(8), 78 Stat. 636; Dec. 18, 1967, Pub. L. 90-208, Sec. 1, 81 Stat. 655; May 21, 1984, Pub. L. 98-291, 98 Stat. 203.) -MISC1- AMENDMENTS 1984 - Pub. L. 98-291 struck out '(a)' before 'The said corporation shall' and struck out subsec. (b) which directed the corporation to make and transmit to the Comptroller General, at the close of each fiscal year, a report of its proceedings for the preceding fiscal year, including a full, complete, and itemized report of receipts and expenditures of whatever kind, which report had to be duly authorized by the Comptroller General, and which had directed the corporation to reimburse the Comptroller General for auditing its accounts, with the sums so paid to be covered into the Treasury of the United States as miscellaneous receipts. 1967 - Pub. L. 90-208 designated existing provisions as subsec. (a) and added subsec. (b). 1964 - Pub. L. 88-504 struck out ', including a full and complete report of its receipts and expenditures' after 'fiscal year'. 1942 - Act July 15, 1942, changed period of annual report from calendar year to fiscal year and omitted proviso that report shall not be printed as a public document. EFFECTIVE DATE OF 1967 AMENDMENT Section 2 of Pub. L. 90-208 provided that: 'The amendment made by this Act (amending this section) shall be effective with respect to each fiscal year of the Disabled American Veterans beginning after the date of enactment of this Act (Dec. 18, 1967).' -CROSS- CROSS REFERENCES Printing of proceedings of national encampments as House documents, see section 1332 of Title 44, Public Printing and Documents. ------DocID 41272 Document 185 of 1444------ -CITE- 36 USC Sec. 90j -EXPCITE- TITLE 36 CHAPTER 6A -HEAD- Sec. 90j. Agents for service of process -STATUTE- As a condition precedent to the exercise of any power or privilege herein granted or conferred, the Disabled American Veterans shall file in the office of the secretary of each State, in which chapters thereof may be organized, the name and post-office address of an authorized agent in such State, upon whom legal process or demands against the Disabled American Veterans may be served. -SOURCE- (June 17, 1932, ch. 268, Sec. 10, 47 Stat. 321; July 15, 1942, ch. 505, Sec. 7, 56 Stat. 660.) -MISC1- AMENDMENTS 1942 - Act July 15, 1942, amended section generally, striking out 'of the World War' after 'Veterans' in two places, 'posts' before 'chapters', and 'or subdivisions' after 'chapters'. ------DocID 41273 Document 186 of 1444------ -CITE- 36 USC Sec. 90k -EXPCITE- TITLE 36 CHAPTER 6A -HEAD- Sec. 90k. Reservation of right to amend or repeal chapter -STATUTE- The right to repeal, alter, or amend this chapter at any time is expressly reserved. -SOURCE- (June 17, 1932, ch. 268, Sec. 11, 47 Stat. 322.) ------DocID 41274 Document 187 of 1444------ -CITE- 36 USC CHAPTER 7 -EXPCITE- TITLE 36 CHAPTER 7 -HEAD- CHAPTER 7 - AMERICAN WAR MOTHERS -MISC1- Sec. 91. Corporation created. 92. Completion of organization. 93. Objects of corporation. 94. Meetings. 95. Powers of corporation. 96. Property; exemption from taxation. 97. Membership. 98. Nonpolitical nature of corporation. 99. Acquisition of assets and liabilities of existing organization. 100. Exclusive right to name. 101. Reports to Congress. 102. Agents for service of process. 103. Acceptance by majority of incorporators. 104. Reservation of right to amend or repeal chapter. 105. Initial officers. ------DocID 41275 Document 188 of 1444------ -CITE- 36 USC Sec. 91 -EXPCITE- TITLE 36 CHAPTER 7 -HEAD- Sec. 91. Corporation created -STATUTE- The following-named persons, namely: Alice M. French, founder, Indianapolis, Indiana; Mable C. Digney, State War Mother, White Plains, New York; Mrs. George Gordon Seibold, Washington, District of Columbia; Mary I. Huntington, State War Mother, Bloomington, Indiana; Edna C. Wilson, State War Mother, Warrensburg, Missouri; Libbie Thomas, State War Mother, Racine, Wisconsin; Virginia Heaen, State War Mother, Frankfort, Kentucky; A. Shanahan, State War Mother, Jersey City, New Jersey; Blanche A. Bellak, State War Mother, Philadelphia, Pennsylvania; Lydia Burby, State War Mother, Butte, Montana; Estelle T. Wilcox, State War Mother, Omaha, Nebraska; Emile Hendricks, State War Mother, Salem, Oregon; Grace R. Montgomery, State War Mother, Charlotte, North Carolina; Kate C. DeKay, State War Mother, Blackfoot, Idaho; Elizabeth Allen, State War Mother, Loveland, Colorado; Ida McCullough, State War Mother, Ottawa, Illinois; Rose S. Sargent, State War Mother, San Francisco, California; Jessie Monahan, State War Mother, Edmond, Oklahoma; Margaret N. McCluer, Kansas City, Missouri; Carrie R. Root, Gardner, Illinois; Mary E. Spence, Milwaukee, Wisconsin; Alice Bronson Oldham, Lexington, Kentucky; Florence A. Latham, Kansas City, Missouri; Mahala M. Boyd, New Castle, Indiana; Carrie White Avery, Washington, District of Columbia; H. C. Morrison, Shelbyville, Indiana; Jeanette Boone, Kansas City, Missouri; Gertrude R. Cary, Joliet, Illinois; Mrs. R. E. Little, Wadesboro, North Carolina; Mrs. Isabelle Clements, Sacramento, California; Mrs. Alice E. Evans, Pueblo, Colorado; Mrs. Mary Dawson, Idaho Falls, Idaho; Mrs. Jessie T. Lesh, Chicago, Illinois; Mrs. Harry C. Morrison, Shelbyville, Indiana; Mrs. Jessie E. Moody, Carterville, Missouri; Mrs. J. L. Roddy, North Platte, Nebraska; Mrs. Catherine H. Connelly, Newark, New Jersey; Mrs. Ella O'Gorman Stanton, Bronx, New York City, New York; Mrs. R. C. Warren, Gastonia, North Carolina; Mrs. Hattie V. Selkin, Oklahoma City, Oklahoma; Mrs. Ida Boxwell, Middletown, Ohio; Mrs. Charles S. Fohl, Harrisburg, Pennsylvania; Mrs. E. L. Phillip, Milwaukee, Wisconsin; Mrs. Julia A. Wilkinson, Portland, Maine; and their associates and successors duly chosen are incorporated and declared to be a body corporate of the District of Columbia by the name of American War Mothers, and by such name shall be known and have perpetual succession with the powers, limitations, and restrictions herein contained. -SOURCE- (Feb. 24, 1925, ch. 303, Sec. 1, 43 Stat. 966.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 92 of this title. ------DocID 41276 Document 189 of 1444------ -CITE- 36 USC Sec. 92 -EXPCITE- TITLE 36 CHAPTER 7 -HEAD- Sec. 92. Completion of organization -STATUTE- The persons named in section 91 of this title and such other persons as may be selected from among the membership of American War Mothers, an association of women whose sons and daughters served the allied cause in the great World War between the dates of April 6, 1917, and November 11, 1918, are hereby authorized to meet to complete the organization of said corporation by the selection of officers, the adoption of a constitution and by-laws, and to do all other things necessary to carry into effect the provisions of this chapter, at which meeting any person duly accredited as a delegate from any local or State organization of the existing organization known as American War Mothers shall be permitted to participate in the proceedings thereof. -SOURCE- (Feb. 24, 1925, ch. 303, Sec. 2, 43 Stat. 967.) ------DocID 41277 Document 190 of 1444------ -CITE- 36 USC Sec. 93 -EXPCITE- TITLE 36 CHAPTER 7 -HEAD- Sec. 93. Objects of corporation -STATUTE- The object of the corporation shall be to keep alive and develop the spirit that promoted world service; to maintain the ties of fellowship born of that service and to assist and further any patriotic work; to inculcate a sense of individual obligation to the community, State, and Nation; to work for the welfare of the Army and Navy; to assist in any way in their power men and women who served and were wounded or incapacitated in the World War; to foster and promote friendship and understanding between America and the Allies in the World War. -SOURCE- (Feb. 24, 1925, ch. 303, Sec. 3, 43 Stat. 967.) ------DocID 41278 Document 191 of 1444------ -CITE- 36 USC Sec. 94 -EXPCITE- TITLE 36 CHAPTER 7 -HEAD- Sec. 94. Meetings -STATUTE- The corporation shall hold its meetings in such place as the incorporators or their successors shall determine. -SOURCE- (Feb. 24, 1925, ch. 303, Sec. 4, 43 Stat. 967.) ------DocID 41279 Document 192 of 1444------ -CITE- 36 USC Sec. 95 -EXPCITE- TITLE 36 CHAPTER 7 -HEAD- Sec. 95. Powers of corporation -STATUTE- The corporation created by this chapter shall have the following powers: To have succession until the membership as hereinafter provided for shall become extinct, with power to sue and be sued in courts of law and equity; to receive, hold, own, use, and dispose of such real estate and personal property as shall be necessary for its corporate purposes; to adopt a corporate seal and alter the same at pleasure; to adopt a constitution, bylaws, and regulations to carry out its purposes, not inconsistent with the laws of the United States or of any State; to use in carrying out the purposes of the corporation such emblems and badges as it may adopt; to establish and maintain offices for the conduct of its business; to establish State, Territorial, and local subdivisions; to publish a magazine or other publications, and generally to do any and all such acts and things as may be necessary and proper to carry into effect the purposes of the corporation. -SOURCE- (Feb. 24, 1925, ch. 303, Sec. 5, 43 Stat. 967.) ------DocID 41280 Document 193 of 1444------ -CITE- 36 USC Sec. 96 -EXPCITE- TITLE 36 CHAPTER 7 -HEAD- Sec. 96. Property; exemption from taxation -STATUTE- All of the personal property and funds of the corporation held or used for the purposes hereof, pursuant to the provisions of this chapter, whether of principal or income, shall, so long as the same shall be so used, be exempt from taxes by the United States or any Territory or District thereof. The corporation shall not accept, own, or hold directly or indirectly any property, real or personal, except such as may be reasonably necessary to carry out the purposes of its creation as defined in this chapter. -SOURCE- (Feb. 24, 1925, ch. 303, Sec. 6, 43 Stat. 967.) ------DocID 41281 Document 194 of 1444------ -CITE- 36 USC Sec. 97 -EXPCITE- TITLE 36 CHAPTER 7 -HEAD- Sec. 97. Membership -STATUTE- The membership of American War Mothers is limited to women, and no woman shall be and become a member of this corporation unless she is a citizen of the United States and unless her son or sons or daughter or daughters of her blood, her legally adopted son or sons or legally adopted daughter or daughters, or her stepson or stepsons or stepdaughter or stepdaughters served in the Armed Forces of the United States or of its allies in World War I, World War II, the Korean conflict, or any subsequent war or conflict involving the United States, having an honorable discharge from such service, or being still in the service. -SOURCE- (Feb. 24, 1925, ch. 303, Sec. 7, 43 Stat. 968; Sept. 26, 1942, ch. 563, 56 Stat. 758; June 26, 1953, ch. 152, 67 Stat. 81; Apr. 12, 1974, Pub. L. 93-267, 88 Stat. 85.) -MISC1- AMENDMENTS 1974 - Pub. L. 93-267 extended membership in American War Mothers to certain adoptive mothers and stepmothers. 1953 - Act June 26, 1953, substituted 'Armed Forces of the United States or of its allies' for 'Army or Navy of the United States, or in the military or naval service of its allies', and extended its provisions to the Korean conflict and to any subsequent war or conflict involving the United States. 1942 - Act Sept. 26, 1942, extended its provisions to include the World War commencing in 1941. ------DocID 41282 Document 195 of 1444------ -CITE- 36 USC Sec. 98 -EXPCITE- TITLE 36 CHAPTER 7 -HEAD- Sec. 98. Nonpolitical nature of corporation -STATUTE- This organization shall be nonpolitical, nonsectarian, nonpartisan, and nonprofit, and as an organization shall not promote the candidacy of any person seeking public office. -SOURCE- (Feb. 24, 1925, ch. 303, Sec. 8, 43 Stat. 968; June 26, 1953, ch. 152, 67 Stat. 81.) -MISC1- AMENDMENTS 1953 - Act June 26, 1953, inserted 'nonsectarian, nonpartisan, and nonprofit'. ------DocID 41283 Document 196 of 1444------ -CITE- 36 USC Sec. 99 -EXPCITE- TITLE 36 CHAPTER 7 -HEAD- Sec. 99. Acquisition of assets and liabilities of existing organization -STATUTE- Said corporation may acquire any or all of the assets of the existing organization known as American War Mothers upon discharging or satisfactorily providing for the payment and discharge of all its liabilities. -SOURCE- (Feb. 24, 1925, ch. 303, Sec. 9, 43 Stat. 968.) ------DocID 41284 Document 197 of 1444------ -CITE- 36 USC Sec. 100 -EXPCITE- TITLE 36 CHAPTER 7 -HEAD- Sec. 100. Exclusive right to name -STATUTE- The corporation and its State, Territorial, and local subdivisions shall have the sole and exclusive right to have and to use in carrying out its business purposes the name of American War Mothers. -SOURCE- (Feb. 24, 1925, ch. 303, Sec. 10, 43 Stat. 968.) ------DocID 41285 Document 198 of 1444------ -CITE- 36 USC Sec. 101 -EXPCITE- TITLE 36 CHAPTER 7 -HEAD- Sec. 101. Reports to Congress -STATUTE- The corporation shall, on or before the 1st day of January in each year, make and transmit to the Congress a report of its proceedings for the preceding calendar year. Said report shall not be printed as a public document. -SOURCE- (Feb. 24, 1925, ch. 303, Sec. 11, 43 Stat. 968; Aug. 30, 1964, Pub. L. 88-504, Sec. 4(9), 78 Stat. 636.) -MISC1- AMENDMENTS 1964 - Pub. L. 88-504 struck out ', including a full and complete report of its receipts and expenditures' after 'calendar year'. ------DocID 41286 Document 199 of 1444------ -CITE- 36 USC Sec. 102 -EXPCITE- TITLE 36 CHAPTER 7 -HEAD- Sec. 102. Agents for service of process -STATUTE- As a condition precedent to the exercise of any power or privilege herein granted or conferred the corporation shall file in the office of the secretary of each State the name and post-office address of an authorized agent in such State upon whom local process or demands against American War Mothers may be served. -SOURCE- (Feb. 24, 1925, ch. 303, Sec. 12, 43 Stat. 968.) ------DocID 41287 Document 200 of 1444------ -CITE- 36 USC Sec. 103 -EXPCITE- TITLE 36 CHAPTER 7 -HEAD- Sec. 103. Acceptance by majority of incorporators -STATUTE- This charter shall take effect upon its being accepted by a majority vote of the incorporators named herein who shall be present at the first meeting of the corporation, due notice of which meeting shall be given to each of the incorporators named herein, and a notice of such acceptance shall be given by said corporation, causing a certificate to that effect, signed by its president and secretary, to be filed in the office of the recorder of deeds of the District of Columbia. -SOURCE- (Feb. 24, 1925, ch. 303, Sec. 13, 43 Stat. 968.) ------DocID 41288 Document 201 of 1444------ -CITE- 36 USC Sec. 104 -EXPCITE- TITLE 36 CHAPTER 7 -HEAD- Sec. 104. Reservation of right to amend or repeal chapter -STATUTE- Congress may from time to time alter, repeal, or modify this chapter of incorporation, but no contract or individual right made or acquired shall be divested or impaired. -SOURCE- (Feb. 24, 1925, ch. 303, Sec. 14, 43 Stat. 968.) ------DocID 41289 Document 202 of 1444------ -CITE- 36 USC Sec. 105 -EXPCITE- TITLE 36 CHAPTER 7 -HEAD- Sec. 105. Initial officers -STATUTE- The management and direction of the affairs of the corporation and the controlling and disposing of its property and funds shall be vested in the persons duly elected at the last annual convention held in Kansas City, Missouri, who shall be the officers of the American War Mothers for the year beginning October, 1923, to serve until the next annual convention to be held at Philadelphia, Pennsylvania, on October 8, 1925, or until their successors are duly appointed, and who are the following: Margaret N. McCluer, National War Mother, Kansas City, Missouri; Carrie L. Root, first vice National War Mother, Gardner, Illinois; Blanche A. Bellak, second vice National War Mother, Philadelphia, Pennsylvania; Mary E. Spence, third vice National War Mother, Milwaukee, Wisconsin; Rose S. Sargent, fourth vice National War Mother, San Francisco, California; Alice Bronson Oldham, national recording secretary, Lexington, Kentucky; Florence A. Latham, national corresponding secretary, Kansas City, Missouri; Mahala M. Boyd, national treasurer, Newcastle, Indiana; Kate C. De Kay, national historian, Blackfoot, Idaho; Carrie White Avery, national custodian of records, Washington, District of Columbia; Estelle T. Wilcox, national auditor, Omaha, Nebraska. -SOURCE- (Feb. 24, 1925, ch. 303, Sec. 15, 43 Stat. 968.) ------DocID 41290 Document 203 of 1444------ -CITE- 36 USC CHAPTER 7A -EXPCITE- TITLE 36 CHAPTER 7A -HEAD- CHAPTER 7A - VETERANS OF FOREIGN WARS OF THE UNITED STATES -MISC1- Sec. 111. Corporation created. 112. Completion of organization. 113. Purposes of corporation. 114. Powers of corporation. 115. Membership. 116. Acquisition of assets and liabilities of existing association. 117. Exclusive right to name, seal, emblems, and badges. 118. Annual report. 119. Agents for service of process. 120. Reservation of right to amend or repeal chapter. ------DocID 41291 Document 204 of 1444------ -CITE- 36 USC Sec. 111 -EXPCITE- TITLE 36 CHAPTER 7A -HEAD- Sec. 111. Corporation created -STATUTE- The following persons, to wit: James E. Van Zandt, Altoona, Pennsylvania; Bernard K. Kearney, Gloversville, New York; Scott P. Squyres, Oklahoma City, Oklahoma; Robert B. Handy, Junior, Kansas City, Missouri; Henry F. Marquard, Chicago, Illinois; William E. Guthner, Denver, Colorado; Edward J. Neron, Sacramento, California; Joseph C. Menendez, New Orleans, Louisiana; Paul L. Foulk, Altoona, Pennsylvania; Robert E. Kernodle, Kansas City, Missouri; Walter I. Joyce, New York City, New York; George A. Ilg, Cranston, Rhode Island; James F. Daley, Hartford, Connecticut; Charles R. Haley, Pittsburgh, Pennsylvania; F. C. Devericks, Clarksburg, West Virginia; John J. Skillman, Miami, Florida; Ellie H. Schill, New Orleans, Louisiana; Gerald C. Mathias, Lagrange, Indiana; James W. Starner, Effingham, Illinois; Leon S. Pickens, Wichita, Kansas; Archie W. Nimens, Minneapolis, Minnesota; Harvey W. Snyder, Denver, Colorado; Charles O. Carlston, San Francisco, California; Walter L. Daniels, Seattle, Washington; John E. Swaim, Tulsa, Oklahoma; Peter J. Rosch, Washington, District of Columbia; and their successors, who are, or who may become, members of the Veterans of Foreign Wars of the United States, a national association of men who as soldiers, sailors, marines and airmen have served this Nation in wars, campaigns, and expeditions on foreign soil or in hostile waters, and such national association, are created and declared a body corporate, known as the Veterans of Foreign Wars of the United States. -SOURCE- (May 28, 1936, ch. 471, Sec. 1, 49 Stat. 1390; May 29, 1953, ch. 85, Sec. 1, 67 Stat. 40.) -MISC1- AMENDMENTS 1953 - Act May 29, 1953, included airmen. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 112 of this title. ------DocID 41292 Document 205 of 1444------ -CITE- 36 USC Sec. 112 -EXPCITE- TITLE 36 CHAPTER 7A -HEAD- Sec. 112. Completion of organization -STATUTE- The said persons named in section 111 of this title, or their successors, and such other persons as are duly accredited delegates from any local post or State department of the existing national association known as the Veterans of Foreign Wars of the United States, under its constitution and bylaws, are hereby authorized to meet and to complete the organization of said corporation, by the adoption of a constitution and bylaws, the election of officers, and to do all other things necessary to carry into effect and incidental to, the provisions of this chapter. -SOURCE- (May 28, 1936, ch. 471, Sec. 2, 49 Stat. 1390.) ------DocID 41293 Document 206 of 1444------ -CITE- 36 USC Sec. 113 -EXPCITE- TITLE 36 CHAPTER 7A -HEAD- Sec. 113. Purposes of corporation -STATUTE- The purposes of this corporation shall be fraternal, patriotic, historical, and educational; to preserve and strengthen comradeship among its members; to assist worthy comrades; to perpetuate the memory and history of our dead, and to assist their widows and orphans; to maintain true allegiance to the Government of the United States of America, and fidelity to its Constitution and laws; to foster true patriotism; to maintain and extend the institutions of American freedom; and to preserve and defend the United States from all her enemies, whomsoever. -SOURCE- (May 28, 1936, ch. 471, Sec. 3, 49 Stat. 1391.) ------DocID 41294 Document 207 of 1444------ -CITE- 36 USC Sec. 114 -EXPCITE- TITLE 36 CHAPTER 7A -HEAD- Sec. 114. Powers of corporation -STATUTE- The corporation created by this chapter shall have the following powers: To have perpetual succession with power to sue and be sued in courts of law and equity; to receive, hold, own, use, and dispose of such real estate, personal property, money, contract, rights, and privileges as shall be deemed necessary and incidental for its corporate purposes; to adopt a corporate seal and alter the same at pleasure; to adopt, amend, apply, and administer a constitution, bylaws, and regulations to carry out its purposes, not inconsistent with the laws of the United States or of any State; to adopt, and have the exclusive right to manufacture and use such emblems and badges as may be deemed necessary in the fulfillment of the purposes of the corporation; to establish and maintain offices for the conduct of its business; to establish, regulate, or discontinue subordinate State and Territorial subdivisions and local chapters or posts; to publish a magazine or other publications, and generally to do any and all such acts and things as may be necessary and proper in carrying into effect the purposes of the corporation. -SOURCE- (May 28, 1936, ch. 471, Sec. 4, 49 Stat. 1391.) -CROSS- CROSS REFERENCES Loan or gift of condemned or obsolete material by Secretary of military department or Secretary of Treasury, see section 2572 of Title 10, Armed Forces. Penalty for unauthorized manufacture, reproduction, or sale of badges or emblems of veterans' organizations, see section 705 of Title 18, Crimes and Criminal Procedure. Recognition by Secretary of Veterans Affairs of representatives of Veterans of Foreign Wars for prosecution of claims under laws administered by Department of Veterans Affairs, see section 3402 of Title 38, Veterans' Benefits. ------DocID 41295 Document 208 of 1444------ -CITE- 36 USC Sec. 115 -EXPCITE- TITLE 36 CHAPTER 7A -HEAD- Sec. 115. Membership -STATUTE- No person shall be a member of this corporation unless he has served honorably as an officer or enlisted man in the Armed Forces of the United States of America in any foreign war, insurrection, or expedition, which service shall be recognized as campaign-medal service and governed by the authorization of the award of a campaign badge by the Government of the United States of America. -SOURCE- (May 28, 1936, ch. 471, Sec. 5, 49 Stat. 1391; May 29, 1953, ch. 85, Sec. 2, 67 Stat. 40.) -MISC1- AMENDMENTS 1953 - Act May 29, 1953, extended membership eligibility to all persons who have served in Armed Forces and are otherwise eligible. ------DocID 41296 Document 209 of 1444------ -CITE- 36 USC Sec. 116 -EXPCITE- TITLE 36 CHAPTER 7A -HEAD- Sec. 116. Acquisition of assets and liabilities of existing association -STATUTE- Said corporation may and shall acquire all of the assets of the existing national association known as the Veterans of Foreign Wars of the United States upon discharging or satisfactorily providing for the payment discharge (FOOTNOTE 1) of all its liabilities. (FOOTNOTE 1) So in original. Probably should be preceded by 'and'. -SOURCE- (May 28, 1936, ch. 471, Sec. 6, 49 Stat. 1391.) ------DocID 41297 Document 210 of 1444------ -CITE- 36 USC Sec. 117 -EXPCITE- TITLE 36 CHAPTER 7A -HEAD- Sec. 117. Exclusive right to name, seal, emblems, and badges -STATUTE- The said corporation shall have the sole and exclusive right to have and to use, in carrying out its purposes, the name 'Veterans of Foreign Wars of the United States' and the sole and exclusive right to the use of its corporate seal, emblems, and badges as adopted by said corporation. -SOURCE- (May 28, 1936, ch. 471, Sec. 7, 49 Stat. 1391.) -CROSS- CROSS REFERENCES Penalty for unauthorized manufacture, reproduction, or sale of badges or emblems of veterans' organizations, see section 705 of Title 18, Crimes and Criminal Procedure. ------DocID 41298 Document 211 of 1444------ -CITE- 36 USC Sec. 118 -EXPCITE- TITLE 36 CHAPTER 7A -HEAD- Sec. 118. Annual report -STATUTE- Said corporation shall, on or before the 1st day of January in each year, make and transmit to the Congress a report of its proceedings for the preceding fiscal year: Provided, however, That said report shall not be printed as a public document. -SOURCE- (May 28, 1936, ch. 471, Sec. 8, 49 Stat. 1391; Aug. 30, 1964, Pub. L. 88-504, Sec. 4(10), 78 Stat. 637.) -MISC1- AMENDMENTS 1964 - Pub. L. 88-504 struck out ', including a full and complete report of its receipts and expenditures' after 'fiscal year' and 'financial' before 'report shall not be printed'. -CROSS- CROSS REFERENCES Printing of proceedings of national encampments as House documents, see section 1332 of Title 44, Public Printing and Documents. ------DocID 41299 Document 212 of 1444------ -CITE- 36 USC Sec. 119 -EXPCITE- TITLE 36 CHAPTER 7A -HEAD- Sec. 119. Agents for service of process -STATUTE- As a condition precedent to the exercise of any power or privilege herein granted or conferred, the Veterans of Foreign Wars of the United States shall file in the office of the Secretary of State of each State the name and post-office address of an authorized agent in such State upon whom legal process or demands against the Veterans of Foreign Wars of the United States may be served. -SOURCE- (May 28, 1936, ch. 471, Sec. 9, 49 Stat. 1391.) ------DocID 41300 Document 213 of 1444------ -CITE- 36 USC Sec. 120 -EXPCITE- TITLE 36 CHAPTER 7A -HEAD- Sec. 120. Reservation of right to amend or repeal chapter -STATUTE- The right to repeal, alter, or amend this chapter at any time is expressly reserved. -SOURCE- (May 28, 1936, ch. 471, Sec. 10, 49 Stat. 1391.) ------DocID 41301 Document 214 of 1444------ -CITE- 36 USC CHAPTER 8 -EXPCITE- TITLE 36 CHAPTER 8 -HEAD- CHAPTER 8 - AMERICAN BATTLE MONUMENTS COMMISSION -MISC1- Sec. 121. American Battle Monuments Commission; appointment; secretary; terms of office; vacancies; expenses; designation and employment of personnel. 121a. Omitted. 121b. Station allowance for Army officers serving on Commission. 122. Expenses of officers of Armed Forces serving on Commission. 122a. Reimbursement of agencies for salary, pay, and allowances of assigned personnel. 122b. Military cemeteries in foreign countries; determination as permanent cemeteries; selection of new sites; design and construction; maintenance; construction by Armed Forces; burials and reburials; re-entry. 123. Powers and duties as to memorials. 124. Approval of designs for memorials. 125. Erection of war memorials. (a) Cooperation with States, etc. (b) Control, administration, and maintenance of war memorials by Commission. (c) Demolition of war memorials erected on foreign soils and other functions of Commission. (d) 'Sponsors' defined. 125a. Erection of works in National Memorial Cemetery of the Pacific. 125b. Pacific War Memorial and other historical and memorial sites on Corregidor in Republic of the Philippines. (a) Operation by ABMC. (b) Condition. (c) Personnel. (d) Use of other agencies. (e) Funding. (f) Authority to solicit funds. (g) Fund. (h) Authorization of funding. 126. Repealed. 127. Arrangements with foreign countries. 128. Funds received from States, municipalities, or private sources. 129, 130. Repealed. 131. Statements to President. 132. Transfer of administrative functions, supplies, materials and equipment to Commission; maintenance of cemeteries located in foreign countries. 133 to 135a. Omitted or Repealed. 136. Seal of Commission; judicial notice. 137. Disposition of land in foreign countries. 138. Records and archives. 138a. Appropriations. 138b. Acquisition and disposition of land in foreign countries; operation of vehicles; establishment of offices; printing authority; contract power; effective date; delegation of authority; claims against Commission. 138c. American Battle Monuments Commission Foreign Currency Fluctuations Account. (a) Establishment; purpose; transfer of funds. (b) Merger and availability of transferred funds; increase in permissible obligations of funds. (c) Recording of obligations and fluctuations in exchange rates. (d) Return of transferred funds. (e) Time of return. (f) Unobligated balances; merger and availability. (g) Annual report on transferred funds. ------DocID 41302 Document 215 of 1444------ -CITE- 36 USC Sec. 121 -EXPCITE- TITLE 36 CHAPTER 8 -HEAD- Sec. 121. American Battle Monuments Commission; appointment; secretary; terms of office; vacancies; expenses; designation and employment of personnel -STATUTE- The Commission, known as the American Battle Monuments Commission (referred to in sections 121, 122b to 125, 127, 128, 131, 132, and 138 to 138b of this title as the Commission), shall consist of not more than eleven members who shall be appointed by the President, who shall also appoint one officer of the Regular Army to serve as its secretary. The members and secretary shall serve at the pleasure of the President who shall fill any vacancies that from time to time occur. Notwithstanding any other provision of law, members of the armed forces of the United States may be appointed members of the Commission. The members of the Commission shall serve as such without compensation, except that (1) their actual expenses in connection with the work of the Commission, (2) when in a travel status outside the continental United States, a per diem at the same rate prescribed for members of the uniformed services under section 405 of Title 37, in lieu of subsistence, and (3) when in a travel status within the continental United States, a per diem at the same rate authorized to be paid under sections 5702 and 5703 of Title 5, in lieu of subsistence, may be paid to such members from any funds appropriated for the purposes of sections 121, 122b to 125, 127, 128, 131, 132, and 138 to 138b of this title, or acquired by other means hereinafter authorized. Upon the request of the Commission, the heads of the Federal departments or agencies are authorized to designate such personnel, and to make available to the Commission such facilities, of their respective departments or agencies, or of the Army, Navy, Air Force, or Marine Corps, as the case may be, as may be necessary to assist in carrying out the purposes of sections 121, 122b to 125, 127, 128, 131, 132, and 138 to 138b of this title, and may expend for such purposes any funds appropriated to such departments, agencies, and services, with reimbursement from the Commission for the pay and allowances of the personnel so designated. The Commission is authorized to employ such further personnel as may be necessary to carry out the purposes of such sections, within the limits of any appropriation or appropriations made for such purposes. To ensure adequate care and maintenance of the cemeteries, monuments, and memorials under the jurisdiction of the Commission, the Commission, subject to the availability of appropriations, shall employ (1) not less than 50 personnel in the competitive service (as defined in section 2102 of title 5, of whom not less than 43 shall be assigned to duty in foreign countries in which such cemeteries, monuments, and memorials are located, and (2) not less than 348 individuals who are citizens of the countries in which such cemeteries, monuments, and memorials are located, who shall be hired for local employment relating to the care and maintenance of such cemeteries, monuments, and memorials. No individual may be employed as the superintendent, or as an assistant superintendent, of a cemetery operated by the Commission unless such individual is a citizen of the United States. The provisions of this subsection shall take effect on the first day of the first calendar month following the date of enactment of this Act. -SOURCE- (Mar. 4, 1923, ch. 283, Sec. 1, 42 Stat. 1509; June 26, 1946, ch. 502, 60 Stat. 317; July 25, 1956, ch. 721, Sec. 1, 70 Stat. 640; Oct. 21, 1970, Pub. L. 91-480, 84 Stat. 1081; Apr. 1, 1976, Pub. L. 94-256, 90 Stat. 301; Oct. 18, 1978, Pub. L. 95-479, title III, Sec. 306, 92 Stat. 1566; Oct. 7, 1980, Pub. L. 96-385, title V, Sec. 506, 94 Stat. 1537; Dec. 18, 1989, Pub. L. 101-237, title V, Sec. 503, 103 Stat. 2094.) -REFTEXT- REFERENCES IN TEXT This subsection, referred to in text, probably refers to the second and third undesignated paragraphs of this section as amended by act July 25, 1956. The date of enactment of this Act, referred to in text, probably means the date of enactment of act July 25, 1956, which was approved July 25, 1956. -MISC2- AMENDMENTS 1989 - Pub. L. 101-237 substituted 'members of the armed forces' for 'commissioned officers of the armed forces' in third sentence. 1980 - Pub. L. 96-385, subject to available appropriations, required employment of at least 50 persons in the competitive service, including not less than 43 individuals for foreign assignment, for care and maintenance of cemeteries, monuments, and memorials, and at least 348 local citizens for employment at foreign locations. 1978 - Pub. L. 95-479 inserted provision prohibiting the employment of an individual as superintendent or assistant superintendent of a cemetary unless such individual is a citizen of the United States. 1976 - Pub. L. 94-256 substituted provisions authorizing the members of the Commission to receive a per diem at the same rate prescribed under section 405 of Title 37, when in a travel status outside the continental United States, and a per diem at the same rate authorized to be paid under sections 5702 and 5703 of Title 5 when in travel status within the continental United States, for provisions authorizing a per diem of $40 in lieu of subsistence when in travel status outside the continental United States, and a per diem at the same rate authorized to be paid under section 5703(c)(1) when in travel status within the continental United States. 1970 - Pub. L. 91-480 substituted provisions authorizing members of the Commission to receive a per diem of $40 in lieu of subsistence when in a travel status outside the continental United States, and a per diem at the same rate authorized to be paid under section 5703(c)(1) of Title 5 when in a travel status within the continental United States, for provisions authorizing a per diem of $20 in lieu of subsistence when in a travel status. 1956 - Act July 25, 1956, authorized payment of a per diem in lieu of subsistence, made the facilities of Federal departments or agencies available to the Commission, included personnel and facilities of the Air Force, and permitted expenditure of funds appropriated to Federal departments or agencies with reimbursement from the Commission. 1946 - Act June 26, 1946, increased the number of Commission members from seven to eleven. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-385 effective Oct. 1, 1980, see section 601(b) of Pub. L. 96-385, set out as a note under section 314 of Title 38, Veterans' Benefits. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-479 effective Oct. 1, 1978, see section 401 of Pub. L. 95-479, set out as a note under section 314 of Title 38, Veterans' Benefits. APPROPRIATIONS Section 11 of act Mar. 4, 1923, authorized appropriations to effectuate original provisions of act Mar. 4, 1923, which were classified to sections 121 and 123 to 132 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 125, 127, 128, 138a, 138b of this title. ------DocID 41303 Document 216 of 1444------ -CITE- 36 USC Sec. 121a -EXPCITE- TITLE 36 CHAPTER 8 -HEAD- Sec. 121a. Omitted -COD- CODIFICATION Section, act Mar. 28, 1946, ch. 113, title I, Sec. 101, 60 Stat. 60, which authorized Commission to delegate to its chairman, secretary, or officials in charge of either the Washington or Paris offices such of its authority as it deemed necessary and proper, was from the Independent Offices Appropriation Act, 1947, and was not repeated in subsequent appropriation acts. ------DocID 41304 Document 217 of 1444------ -CITE- 36 USC Sec. 121b -EXPCITE- TITLE 36 CHAPTER 8 -HEAD- Sec. 121b. Station allowance for Army officers serving on Commission -STATUTE- Where station allowance has been authorized by the Department of the Army for officers of the Army serving the Army at certain foreign stations, the same allowance shall be authorized for officers of the Armed Forces assigned to the Commission while serving at the same foreign stations. -SOURCE- (Nov. 5, 1990, Pub. L. 101-507, title III, 104 Stat. 1370.) -COD- CODIFICATION Section is from the appropriation act cited as the credit to this section. -MISC3- SIMILAR PROVISIONS Similar provisions were contained in the following prior appropriation acts: Nov. 9, 1989, Pub. L. 101-144, title III, 103 Stat. 854. Aug. 19, 1988, Pub. L. 100-404, title II, 102 Stat. 1021. Dec. 22, 1987, Pub. L. 100-202, Sec. 101(f) (title II), 101 Stat. 1329-187, 1329-194. Oct. 18, 1986, Pub. L. 99-500, Sec. 101(g) (H.R. 5313, title II), 100 Stat. 1783-242, and Oct. 30, 1986, Pub. L. 99-591, Sec. 101(g) (H.R. 5313, title II), 100 Stat. 3341-242. Nov. 25, 1985, Pub. L. 99-160, title II, 99 Stat. 914. July 18, 1984, Pub. L. 98-371, title II, 98 Stat. 1221. July 12, 1983, Pub. L. 98-45, title II, 97 Stat. 224. Sept. 30, 1982, Pub. L. 97-272, title II, 96 Stat. 1165. Dec. 23, 1981, Pub. L. 97-101, title II, 95 Stat. 1422. Dec. 15, 1980, Pub. L. 96-526, title II, 94 Stat. 3050. Nov. 5, 1979, Pub. L. 96-103, title II, 93 Stat. 775. Sept. 30, 1978, Pub. L. 95-392, title II, 92 Stat. 795. Oct. 4, 1977, Pub. L. 95-119, title II, 91 Stat. 1077. Aug. 9, 1976, Pub. L. 94-378, title II, 90 Stat. 1098. Oct. 17, 1975, Pub. L. 94-116, title II, 89 Stat. 587. Sept. 6, 1974, Pub. L. 93-414, title II, 88 Stat. 1099. Nov. 27, 1973, Pub. L. 93-162, title V, 87 Stat. 653. Oct. 25, 1972, Pub. L. 92-544, title V, 86 Stat. 1128. Aug. 10, 1971, Pub. L. 92-77, title V, 85 Stat. 264. Oct. 21, 1970, Pub. L. 91-472, title V, 84 Stat. 1058. Dec. 24, 1969, Pub. L. 91-153, title V, 83 Stat. 421. Aug. 9, 1968, Pub. L. 90-470, title V, 82 Stat. 686. Nov. 8, 1967, Pub. L. 90-133, title V, 81 Stat. 429. Nov. 8, 1966, Pub. L. 89-797, title V, 80 Stat. 1501. Sept. 2, 1965, Pub. L. 89-164, title V, 79 Stat. 639. Aug. 31, 1964, Pub. L. 88-527, title V, 78 Stat. 731. Dec. 30, 1963, Pub. L. 88-245, title V, 77 Stat. 796. Oct. 18, 1962, Pub. L. 87-843, title V, 76 Stat. 1100. Aug. 3, 1961, Pub. L. 87-125, title IV, 75 Stat. 279. July 12, 1960, Pub. L. 86-642, title I, 74 Stat. 475. July 8, 1959, Pub. L. 86-79, title I, 73 Stat. 164. June 25, 1958, Pub. L. 85-468, title I, 72 Stat. 223. June 5, 1957, Pub. L. 85-48, title I, 71 Stat. 52. June 13, 1956, ch. 385, title I, 70 Stat. 278. June 29, 1955, ch. 226, title I, 69 Stat. 194. June 24, 1954, ch. 359, title I, 68 Stat. 274. July 31, 1953, ch. 302, title I, 67 Stat. 299. July 5, 1952, ch. 578, title I, 66 Stat. 395. -CROSS- CROSS REFERENCES Travel and transportation allowances to officers of the Army, see section 401 et seq. of Title 37, Pay and Allowances of the Uniformed Services. ------DocID 41305 Document 218 of 1444------ -CITE- 36 USC Sec. 122 -EXPCITE- TITLE 36 CHAPTER 8 -HEAD- Sec. 122. Expenses of officers of Armed Forces serving on Commission -STATUTE- When traveling on business of the Commission, officers of the Armed Forces serving as members or as Secretary of the Commission may be reimbursed for expenses as provided for civilian members of the Commission. -SOURCE- (Nov. 5, 1990, Pub. L. 101-507, title III, 104 Stat. 1370.) -COD- CODIFICATION Section is from the appropriation act cited as the credit to this section. -MISC3- SIMILAR PROVISIONS Similar provisions were contained in the following prior appropriation acts: Nov. 9, 1989, Pub. L. 101-144, title III, 103 Stat. 854. Aug. 19, 1988, Pub. L. 100-404, title II, 102 Stat. 1021. Dec. 22, 1987, Pub. L. 100-202, Sec. 101(f) (title II), 101 Stat. 1329-187, 1329-195. Oct. 18, 1986, Pub. L. 99-500, Sec. 101(g) (H.R. 5313, title II), 100 Stat. 1783-242, and Oct. 30, 1986, Pub. L. 99-591, Sec. 101(g) (H.R. 5313, title II), 100 Stat. 3341-242. Nov. 25, 1985, Pub. L. 99-160, title II, 99 Stat. 914. July 18, 1984, Pub. L. 98-371, title II, 98 Stat. 1221. July 12, 1983, Pub. L. 98-45, title II, 97 Stat. 224. Sept. 30, 1982, Pub. L. 97-272, title II, 96 Stat. 1165. Dec. 23, 1981, Pub. L. 97-101, title II, 95 Stat. 1422. Dec. 15, 1980, Pub. L. 96-526, title II, 94 Stat. 3050. Nov. 5, 1979, Pub. L. 96-103, title II, 93 Stat. 775. Sept. 30, 1978, Pub. L. 95-392, title II, 92 Stat. 795. Oct. 4, 1977, Pub. L. 95-119, title II, 91 Stat. 1077. Aug. 9, 1976, Pub. L. 94-378, title II, 90 Stat. 1099. Oct. 17, 1975, Pub. L. 94-116, title II, 89 Stat. 587. Sept. 6, 1974, Pub. L. 93-414, title II, 88 Stat. 1099. Nov. 27, 1973, Pub. L. 93-162, title V, 87 Stat. 653. Oct. 25, 1972, Pub. L. 92-544, title V, 86 Stat. 1128. Aug. 10, 1971, Pub. L. 92-77, title V, 85 Stat. 264. Oct. 21, 1970, Pub. L. 91-472, title V, 84 Stat. 1058. Dec. 24, 1969, Pub. L. 91-153, title V, 83 Stat. 421. Aug. 9, 1968, Pub. L. 90-470, title V, 82 Stat. 686. Nov. 8, 1967, Pub. L. 90-133, title V, 81 Stat. 429. Nov. 8, 1966, Pub. L. 89-797, title V, 80 Stat. 1501. Sept. 2, 1965, Pub. L. 89-164, title V, 79 Stat. 639. Aug. 31, 1964, Pub. L. 88-527, title V, 78 Stat. 731. Dec. 30, 1963, Pub. L. 88-245, title V, 77 Stat. 796. Oct. 18, 1962, Pub. L. 87-843, title V, 76 Stat. 1100. Aug. 3, 1961, Pub. L. 87-125, title IV, 75 Stat. 279. July 12, 1960, Pub. L. 86-642, title I, 74 Stat. 475. July 8, 1959, Pub. L. 86-79, title I, 73 Stat. 164. June 25, 1958, Pub. L. 85-468, title I, 72 Stat. 223. June 5, 1957, Pub. L. 85-48, title I, 71 Stat. 52. June 13, 1956, ch. 385, title I, 70 Stat. 279. June 29, 1955, ch. 226, title I, 69 Stat. 194. June 24, 1954, ch. 359, title I, 68 Stat. 274. July 31, 1953, ch. 302, title I, 67 Stat. 299. July 5, 1952, ch. 578, title I, 66 Stat. 395. Aug. 31, 1951, ch. 376, title I, 65 Stat. 269. Sept. 6, 1950, ch. 896, Ch. VIII, title I, 64 Stat. 699. Aug. 24, 1949, ch. 506, title I, 63 Stat. 633. Apr. 20, 1948, ch. 219, title I, 62 Stat. 179. May 3, 1945, ch. 106, title I, 59 Stat. 107. June 27, 1944, ch. 286, title I, 58 Stat. 363. June 26, 1943, ch. 145, title I, 57 Stat. 171. June 27, 1942, ch. 450, 56 Stat. 395. Apr. 5, 1941, ch. 40, 55 Stat. 95. Apr. 18, 1940, ch. 107, 54 Stat. 113. Mar. 16, 1939, ch. 11, 53 Stat. 525. May 23, 1938, ch. 259, 52 Stat. 412. June 28, 1937, ch. 396, 50 Stat. 331. Mar. 19, 1936, ch. 156, 49 Stat. 1169. Feb. 2, 1935, ch. 3, 49 Stat. 7. June 16, 1933, ch. 101, 48 Stat. 285. June 30, 1932, ch. 330, 47 Stat. 454. Feb. 23, 1931, ch. 281, 46 Stat. 1356. Apr. 19, 1930, ch. 201, 46 Stat. 231. Feb. 20, 1929, ch. 270, 45 Stat. 1232. May 16, 1928, ch. 580, 45 Stat. 575. Feb. 11, 1927, ch. 104, 44 Stat. 1071. Apr. 22, 1926, ch. 171, 44 Stat. 307. June 7, 1924, ch. 292, 43 Stat. 522. Apr. 2, 1924, ch. 81, 43 Stat. 35. ------DocID 41306 Document 219 of 1444------ -CITE- 36 USC Sec. 122a -EXPCITE- TITLE 36 CHAPTER 8 -HEAD- Sec. 122a. Reimbursement of agencies for salary, pay, and allowances of assigned personnel -STATUTE- The Commission shall reimburse other Government agencies, including the Armed Forces, for salary, pay, and allowances of personnel assigned to it. -SOURCE- (Nov. 5, 1990, Pub. L. 101-507, title III, 104 Stat. 1370.) -COD- CODIFICATION Section is from the appropriation act cited as the credit to this section. -MISC3- SIMILAR PROVISIONS Similar provisions were contained in the following prior appropriation acts: Nov. 9, 1989, Pub. L. 101-144, title III, 103 Stat. 854. Aug. 19, 1988, Pub. L. 100-404, title II, 102 Stat. 1021. Dec. 22, 1987, Pub. L. 100-202, Sec. 101(f) (title II), 101 Stat. 1329-187, 1329-195. Oct. 18, 1986, Pub. L. 99-500, Sec. 101(g) (H.R. 5313, title II), 100 Stat. 1783-242, and Oct. 30, 1986, Pub. L. 99-591, Sec. 101(g) (H.R. 5313, title II), 100 Stat. 3341-242. Nov. 25, 1985, Pub. L. 99-160, title II, 99 Stat. 914. July 18, 1984, Pub. L. 98-371, title II, 98 Stat. 1221. July 12, 1983, Pub. L. 98-45, title II, 97 Stat. 224. Sept. 30, 1982, Pub. L. 97-272, title II, 96 Stat. 1165. Dec. 23, 1981, Pub. L. 97-101, title II, 95 Stat. 1422. Dec. 15, 1980, Pub. L. 96-526, title II, 94 Stat. 3050. Nov. 5, 1979, Pub. L. 96-103, title II, 93 Stat. 775. Sept. 30, 1978, Pub. L. 95-392, title II, 92 Stat. 795. Oct. 4, 1977, Pub. L. 95-119, title II, 91 Stat. 1077. Aug. 9, 1976, Pub. L. 94-378, title II, 90 Stat. 1099. Oct. 17, 1975, Pub. L. 94-116, title II, 89 Stat. 587. Sept. 6, 1974, Pub. L. 93-414, title II, 88 Stat. 1099. Nov. 27, 1973, Pub. L. 93-162, title V, 87 Stat. 653. Oct. 25, 1972, Pub. L. 92-544, title V, 86 Stat. 1128. Aug. 10, 1971, Pub. L. 92-77, title V, 85 Stat. 264. Oct. 21, 1970, Pub. L. 91-472, title V, 84 Stat. 1058. Dec. 24, 1969, Pub. L. 91-153, title V, 83 Stat. 421. Aug. 9, 1968, Pub. L. 90-470, title V, 82 Stat. 686. Nov. 8, 1967, Pub. L. 90-133, title V, 81 Stat. 429. Nov. 8, 1966, Pub. L. 89-797, title V, 80 Stat. 1501. Sept. 2, 1965, Pub. L. 89-164, title V, 79 Stat. 640. Aug. 31, 1964, Pub. L. 88-527, title V, 78 Stat. 731. Dec. 30, 1963, Pub. L. 88-245, title V, 77 Stat. 796. Oct. 18, 1962, Pub. L. 87-843, title V, 76 Stat. 1101. Aug. 3, 1961, Pub. L. 87-125, title IV, 75 Stat. 280. July 12, 1960, Pub. L. 86-642, title I, 74 Stat. 475. July 8, 1959, Pub. L. 86-79, title I, 73 Stat. 164. June 25, 1958, Pub. L. 85-468, title I, 72 Stat. 223. June 5, 1957, Pub. L. 85-48, title I, 71 Stat. 52. June 13, 1956, ch. 385, title I, 70 Stat. 279. June 29, 1955, ch. 226, title I, 69 Stat. 194. June 24, 1954, ch. 359, title I, 68 Stat. 274. ------DocID 41307 Document 220 of 1444------ -CITE- 36 USC Sec. 122b -EXPCITE- TITLE 36 CHAPTER 8 -HEAD- Sec. 122b. Military cemeteries in foreign countries; determination as permanent cemeteries; selection of new sites; design and construction; maintenance; construction by Armed Forces; burials and reburials; re-entry -STATUTE- When, as a result of combat operations, the Armed Forces shall establish military cemeteries in zones of operations outside the United States and its Territories and possessions, the Commission and the Secretary of the Army immediately upon the cessation of hostilities, shall determine which of the cemeteries so established, if any, shall become permanent cemeteries or, as they may deem desirable, select new sites at any other location for such cemeteries. The Commission shall be solely responsible for the design and construction of such permanent cemeteries, and of all buildings, plantings, headstones, and other permanent improvements incidental thereto except that (1) the Armed Forces shall be responsible for the maintenance of such permanent cemeteries until such time as the Commission shall express its readiness to assume the functions of administration hereinafter authorized, (2) all construction undertaken by the Armed Forces in establishing and maintaining the cemetery prior to its transfer to the Commission shall be nonpermanent in nature, (3) burials and reburials therein by the Armed Forces shall be carried out in accordance with plans prepared by the Commission, (4) the Armed Forces shall have the right to re-enter any cemeteries transferred to the Commission for the purpose of making exhumations or reinterments should they deem any such action to be necessary. -SOURCE- (Mar. 4, 1923, ch. 283, Sec. 2, as added July 25, 1956, ch. 721, Sec. 3(a), 70 Stat. 640.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 121, 125, 127, 128, 138a, 138b of this title. ------DocID 41308 Document 221 of 1444------ -CITE- 36 USC Sec. 123 -EXPCITE- TITLE 36 CHAPTER 8 -HEAD- Sec. 123. Powers and duties as to memorials -STATUTE- The Commission shall prepare plans and estimates for the erection of suitable memorials to commemorate the services of the American Armed Forces, and shall erect and maintain memorials in the United States and at such places outside the United States where the American Armed Forces have served since April 6, 1917, or shall hereafter serve, as the Commission shall determine. The Commission shall also erect and maintain works of architecture and art in such American cemeteries located outside of the United States, its Territories, and possessions, as have been or may hereafter be declared to be permanent cemeteries. Works of architecture and art erected by the Commission in cemeteries within the United States, its Territories and possessions, shall be maintained by the Department of Defense. The Commission shall control as to materials and design and provide regulations for, and supervise the erection of, all memorial monuments and buildings in American cemeteries located outside the United States, its Territories, and possessions. The Commission shall control as to design and provide regulations for the erection of all memorial monuments and buildings commemorating the services of the American Armed Forces erected in any foreign country or political division thereof which may authorize the Commission to perform such functions. -SOURCE- (Mar. 4, 1923, ch. 283, Sec. 3, formerly Sec. 2, 42 Stat. 1509; June 26, 1946, ch. 502, 60 Stat. 317; renumbered Sec. 3 and amended July 25, 1956, ch. 721, Sec. 2(b), 3(b), 70 Stat. 640, 641.) -MISC1- AMENDMENTS 1956 - Act July 25, 1956, Sec. 3(b), amended section generally, requiring maintenance of works of architecture and art by the Department of Defense and striking out provisions which gave the Commission control over memorial monuments and buildings upon federally owned or controlled property in the United States or in its Territories and possessions, except national cemeteries. 1946 - Act June 26, 1946, extended authority and field of operations of Commission to cover all battlefields and cemeteries throughout the world. -TRANS- TRANSFER OF FUNCTIONS Functions of War Department (now Department of the Army) pertaining to national cemeteries and memorials located in foreign countries transferred to American Battle Monuments Commission by Ex. Ord. No. 6614, Feb. 26, 1934. Ex. Ord. No. 6690, Apr. 25, 1934, provided that Ex. Ord. No. 6614 should become effective May 21, 1934. Transfer of administration of national monuments to National Park Service, see Ex. Ord. No. 6166, Sec. 2, June 10, 1933, set out as a note under section 901 of Title 5, Government Organization and Employees. -MISC5- SURRENDER TREE SITE IN SANTIAGO, CUBA Pub. L. 85-125, Aug. 13, 1957, 71 Stat. 344, provided: 'That the American Battle Monuments Commission is responsible for the care and maintenance of the Surrender Tree site in Santiago, Cuba. This Act takes effect on the next July 1, after the date of its enactment (Aug. 13, 1957).' -CROSS- CROSS REFERENCES National and international monuments and memorials generally, see section 431 et seq. of Title 16, Conservation. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 121, 122b, 125, 127, 128, 138a, 138b of this title. ------DocID 41309 Document 222 of 1444------ -CITE- 36 USC Sec. 124 -EXPCITE- TITLE 36 CHAPTER 8 -HEAD- Sec. 124. Approval of designs for memorials -STATUTE- Before any design for any memorial is accepted by the Commission, it shall be approved by the National Commission of Fine Arts. -SOURCE- (Mar. 4, 1923, ch. 283, Sec. 4, formerly Sec. 3, 42 Stat. 1510; June 26, 1946, ch. 502, 60 Stat. 317; renumbered Sec. 4 and amended July 25, 1956, ch. 721, Sec. 2(b), 3(c), 70 Stat. 640, 641.) -MISC1- AMENDMENTS 1956 - Act July 25, 1956, Sec. 3(c), amended section generally, striking out provisions which required prior approval of materials for memorials. 1946 - Act June 26, 1946, reenacted section without change. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 121, 125, 127, 128, 138a, 138b, 1381e of this title. ------DocID 41310 Document 223 of 1444------ -CITE- 36 USC Sec. 125 -EXPCITE- TITLE 36 CHAPTER 8 -HEAD- Sec. 125. Erection of war memorials -STATUTE- (a) Cooperation with States, etc. The Commission is authorized to cooperate with American citizens, States, municipalities, or associations desiring to erect war memorials outside the continental limits of the United States in such manner as may be determined by the Commission: Provided, That no assistance in erecting any such memorial shall be given by any administrative agency of the United States unless the plan has been approved in accordance with the provisions of sections 121, 122b to 125, 127, 128, 131, 132, and 138 to 138b of this title. (b) Control, administration, and maintenance of war memorials by Commission (1) The Commission is authorized, in its discretion, to assume responsibility for the control, administration, and maintenance of any war memorial erected before, on, or after the effective date of this subsection outside the United States by an American citizen, a State, a political subdivision of a State, any other non-Federal governmental agency, foreign agency, or private association to commemorate the services of any of the American Armed Forces in hostilities occurring since April 6, 1917, if (A) the memorial is not erected on the territory of the former enemy concerned, and (B) the sponsors of the memorial consent to the Commission assuming such responsibilities and transfer to the Commission all their right, title, and interest in the memorial. If reasonable effort fails to locate the sponsors of a memorial, the Commission may assume responsibility therefor under this subsection by agreement with the appropriate foreign authorities. A decision of the Commission to assume responsibility for any war memorial under this subsection is final. (2) Any funds accumulated by the sponsors for the maintenance and repair of a war memorial for which the Commission assumes responsibility under this subsection may be transferred to the Commission for use in carrying out the purpose of sections 121, 122b to 125, 127, 128, 131, 132, and 138 to 138b of this title. Any such funds so transferred shall be deposited by the Commission in the manner provided for in section 128 of this title. (c) Demolition of war memorials erected on foreign soils and other functions of Commission The Commission is authorized to take necessary measures to demolish any war memorial erected on foreign soil by an American citizen, a State, a political subdivision of a State, any other non-Federal governmental agency, foreign agency, or private association and to dispose of the site of such memorial in such manner as it deems proper, if - (1) the appropriate foreign authorities agree to such demolition; and (2) the sponsors of the memorial consent to such demolition; or (3) the memorial has fallen into disrepair and a reasonable effort on the part of the Commission has failed - (A) to persuade the sponsors to maintain the memorial at a standard acceptable to the Commission, or (B) to locate the sponsors. (d) 'Sponsors' defined As used in this section, the term 'sponsors' includes the legal successors to the sponsor. -SOURCE- (Mar. 4, 1923, ch. 283, Sec. 5, formerly Sec. 4, 42 Stat. 1510; June 26, 1946, ch. 502, 60 Stat. 318; renumbered Sec. 5, July 25, 1956, ch. 721, Sec. 2(b), 70 Stat. 640; Jan. 2, 1974, Pub. L. 93-244, 87 Stat. 1070.) -REFTEXT- REFERENCES IN TEXT The effective date of this subsection, referred to in subsec. (b)(1), means the effective date of Pub. L. 93-244, which was approved Jan. 2, 1974. -MISC2- AMENDMENTS 1974 - Pub. L. 93-244 designated existing provisions as subsec. (a) and added subsecs. (b) to (d). 1946 - Act of June 26, 1946, amended section generally. Former provisions of this section are now covered by section 127 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 121, 127, 128, 138a, 138b of this title. ------DocID 41311 Document 224 of 1444------ -CITE- 36 USC Sec. 125a -EXPCITE- TITLE 36 CHAPTER 8 -HEAD- Sec. 125a. Erection of works in National Memorial Cemetery of the Pacific -STATUTE- The Commission is authorized to erect such works of architecture and art in the National Memorial Cemetery of the Pacific as may be determined by the Commission with the consent of the Secretary of the Army. -SOURCE- (June 24, 1954, ch. 359, title I, Sec. 101, 68 Stat. 275.) -COD- CODIFICATION Section was not repeated in any subsequent appropriation act, which made appropriations for the American Battle Monuments Commission. The proviso that the Commission may reimburse other Government agencies, including the Armed Forces, for salary, pay, and allowances of personnel assigned to it, was omitted in view of section 122a of this title. ------DocID 41312 Document 225 of 1444------ -CITE- 36 USC Sec. 125b -EXPCITE- TITLE 36 CHAPTER 8 -HEAD- Sec. 125b. Pacific War Memorial and other historical and memorial sites on Corregidor in Republic of the Philippines -STATUTE- (a) Operation by ABMC Subject to subsection (b) of this section and to the agreement referred to in such subsection, the American Battle Monuments Commission shall restore, operate, and maintain the Pacific War Memorial and other historical and memorial sites on Corregidor in the Republic of the Philippines. (b) Condition The Commission may carry out this section only after an agreement has been entered into between the Republic of the Philippines and the United States with respect to the restoration, operation, and maintenance of the Memorial and other historical and memorial sites referred to in subsection (a) of this section. (c) Personnel The Commission may employ personnel as may be necessary to carry out this section. (d) Use of other agencies Departments, agencies, and other instrumentalities of the United States are authorized to assist the Commission, on a reimbursable basis, in carrying out this section. (e) Funding The American Battle Monuments Commission shall carry out this section with private funds except to the extent funds are appropriated pursuant to subsection (h) of this section. (f) Authority to solicit funds For the purpose of carrying out this section, the Commission may solicit and accept private contributions and shall deposit such contributions in the fund established by subsection (g) of this section. (g) Fund (1) There is hereby established in the Treasury a fund which shall be available to the American Battle Monuments Commission only for carrying out this section. The fund shall consist of - (A) amounts deposited into, and interest and proceeds credited to, the fund under paragraph (2); and (B) obligations obtained under paragraph (3). (2) The Chairman of the Commission shall deposit into the fund the amounts that are accepted under subsection (f) of this section. The Secretary of the Treasury shall credit to the fund the interest on, and the proceeds from sale or redemption of, obligations held in the fund. (3) The Secretary of the Treasury shall invest any portion of the fund that, as determined by the Chairman of the Commission, is not required to meet current expenses. Each investment shall be made in an interest-bearing obligation of the United States or an obligation guaranteed as to principal and interest by the United States that, as determined by the Chairman of the Commission, has a maturity suitable for the fund. (4) Amounts in the fund that are in excess of the costs of carrying out this section, as determined by the Chairman of the Commission, shall be deposited in the Treasury as miscellaneous receipts to reimburse the United States for funds appropriated pursuant to subsection (h) of this section. (h) Authorization of funding There are hereby authorized to be appropriated - (1) $6,000,000 for site preparation, design, planning, construction, and associated administrative costs for the restoration of the Memorial and other historical and memorial sites referred to in subsection (a) of this section; and (2) such sums as may be necessary for the operation and maintenance of such Memorial and other historical and memorial sites. -SOURCE- (Pub. L. 100-687, div. B, title XVI, Sec. 1602, Nov. 18, 1988, 102 Stat. 4137.) ------DocID 41313 Document 226 of 1444------ -CITE- 36 USC Sec. 126 -EXPCITE- TITLE 36 CHAPTER 8 -HEAD- Sec. 126. Repealed. July 25, 1956, ch. 721, Sec. 2(a), 70 Stat. 640 -MISC1- Section, acts Mar. 4, 1923, ch. 283, Sec. 5, 42 Stat. 1510; June 26, 1946, ch. 502, 60 Stat. 317, required Commission to advise Secretary of the Army of location and date of completion of each memorial erected by it. ------DocID 41314 Document 227 of 1444------ -CITE- 36 USC Sec. 127 -EXPCITE- TITLE 36 CHAPTER 8 -HEAD- Sec. 127. Arrangements with foreign countries -STATUTE- The President is requested to make the necessary arrangements with the proper authorities of the countries concerned to enable the Commission to carry out the purposes of sections 121, 122b to 125, 127, 128, 131, 132, and 138 to 138b of this title. -SOURCE- (Mar. 4, 1923, ch. 283, Sec. 6, 42 Stat. 1510; June 26, 1946, ch. 502, 60 Stat. 318.) -MISC1- AMENDMENTS 1946 - Act June 26, 1946, amended section generally. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 121, 125, 128, 138a, 138b of this title. ------DocID 41315 Document 228 of 1444------ -CITE- 36 USC Sec. 128 -EXPCITE- TITLE 36 CHAPTER 8 -HEAD- Sec. 128. Funds received from States, municipalities, or private sources -STATUTE- The Commission is authorized to receive funds from any State, municipal, or private source for the purpose of sections 121, 122b to 125, 127, 128, 131, 132, and 138 to 138b of this title, and such funds shall be deposited by the Commission with the Treasurer of the United States and shall be kept by him in separate accounts and shall be disbursed upon vouchers approved by the Chairman of the Commission. -SOURCE- (Mar. 4, 1923, ch. 283, Sec. 7, 42 Stat. 1510; June 26, 1946, ch. 502, 60 Stat. 318.) -MISC1- AMENDMENTS 1946 - Act June 26, 1946, amended section generally. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 121, 125, 127, 138a, 138b of this title. ------DocID 41316 Document 229 of 1444------ -CITE- 36 USC Sec. 129, 130 -EXPCITE- TITLE 36 CHAPTER 8 -HEAD- Sec. 129, 130. Repealed. July 25, 1956, ch. 721, Sec. 2(a), 70 Stat. 640 -MISC1- Section 129, acts Mar. 4, 1923, ch. 283, Sec. 8, 42 Stat. 1510; June 26, 1946, ch. 502, 60 Stat. 317, authorized preparation of memorials at arsenals or navy yards and permitted use of captured war material. Section 130, acts Mar. 4, 1923, ch. 283, Sec. 9, 42 Stat. 1510; June 26, 1946, ch. 502, 60 Stat. 317, authorized Commission to furnish replicas of any memorial, or part thereof. ------DocID 41317 Document 230 of 1444------ -CITE- 36 USC Sec. 131 -EXPCITE- TITLE 36 CHAPTER 8 -HEAD- Sec. 131. Statements to President -STATUTE- The Commission shall transmit to the President of the United States annually on the 1st of October a statement of all its financial and other transactions during the preceding fiscal year. -SOURCE- (Mar. 4, 1923, ch. 283, Sec. 8, formerly Sec. 10, 42 Stat. 1510; June 26, 1946, ch. 502, 60 Stat. 318; renumbered Sec. 8, July 25, 1956, ch. 721, Sec. 2(c), 70 Stat. 640; Apr. 21, 1976, Pub. L. 94-273, Sec. 3(19), 90 Stat. 377.) -MISC1- AMENDMENTS 1976 - Pub. L. 94-273 substituted 'October' for 'July'. 1946 - Act June 26, 1946, reenacted section without change. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 121, 125, 127, 128, 138a, 138b of this title. ------DocID 41318 Document 231 of 1444------ -CITE- 36 USC Sec. 132 -EXPCITE- TITLE 36 CHAPTER 8 -HEAD- Sec. 132. Transfer of administrative functions, supplies, materials and equipment to Commission; maintenance of cemeteries located in foreign countries -STATUTE- The President may by Executive order transfer to the Commission, with respect to any permanent military cemeteries located outside of the United States, its Territories and possessions, the same functions of administration which were transferred to the Commission by Executive Order 6614, dated February 26, 1934, and Executive Order 10057, dated May 14, 1949, as amended by Executive Order 10087, dated December 3, 1949, together with any supplies, materials and equipment located therein or in military depots overseas which are excess to the needs of the Department of Defense and are requested by the Commission for the performance of such functions. Thereafter the Commission shall be responsible for the maintenance of such cemetery and of all improvements therein. -SOURCE- (Mar. 4, 1923, ch. 283, Sec. 10, formerly Sec. 12, 42 Stat. 1510; June 26, 1946, ch. 502, 60 Stat. 318; renumbered Sec. 10 and amended July 25, 1956, ch. 721, Sec. 2(c), 4(b), 70 Stat. 640, 641.) -REFTEXT- REFERENCES IN TEXT Executive Order 10057, dated May 14, 1949, as amended by Executive Order 10087, dated December 3, 1949, referred to in text, is set out below. -MISC2- AMENDMENTS 1956 - Act July 25, 1956, Sec. 4(b), amended section generally, substituting 'permanent military cemeteries' for 'national cemeteries', included Executive Orders 10057 and 10087, authorized transfer of supplies, materials and equipment, and inserted provisions making the Commission responsible for the maintenance of such cemeteries and improvements therein. 1946 - Act June 26, 1946, amended section generally. -EXEC- EX. ORD. NO. 9873. ADMINISTRATION OF THE MEXICO CITY NATIONAL CEMETERY Ex. Ord. No. 9873, July 16, 1947, 12 F.R. 4777, provided: By virtue of the authority vested in me by section 12 of the act of March 4, 1923, as amended by the act of June 26, 1946, 60 Stat. 318 (this section), and as President of the United States, it is hereby ordered as follows: 1. All functions of administration pertaining to the Mexico City National Cemetery, located in Mexico City, Calazada, Molchor, Ocampo 31, Mexico, DF, now vested in or exercised by the War Department, together with the field civilian personnel, records, supplies, equipment, and property of every kind pertaining thereto, are hereby transferred from the War Department to the American Battle Monuments Commission. 2. The unexpended balances of appropriations or allotments of appropriations which are now, or may become, available to the War Department for the performance of the functions transferred by this order shall be transferred to the American Battle Monuments Commission to such extent as the Director of the Bureau of the Budget may deem necessary. EX. ORD. NO. 10057. TRANSFER OF CERTAIN FUNCTIONS PERTAINING TO UNITED STATES MILITARY CEMETERIES Ex. Ord. No. 10057, May 14, 1949, 14 F.R. 2585, as amended Ex. Ord. 10087, Dec. 3, 1949, 14 F.R. 7287, provided: By virtue of the authority vested in me by section 12 of the act of March 4, 1923, 42 Stat. 1509, as amended by the act of June 26, 1946, 60 Stat. 318 (this section), and as President of the United States, it is hereby ordered as follows: 1. All functions of administration pertaining to World War II United States Military Cemeteries located in or near Cambridge, England; Margraten, the Netherlands; Hamm, Luxembourg; Henri-Chapelle, Belgium; Neuvilleen-Condroz, Belgium; St. Laurent, France; St. James, France; Epinal, France; St. Avold, France; Draguignan, France; Nettuno (Anzio), Italy; Florence, Italy; Tunis (Carthage), Tunisia; and Ft. McKinley, Philippine Islands, now vested in or exercised by the Secretary of the Army pursuant to the act of May 16, 1946, c. 261, 60 Stat. 182, as amended by the act of August 5, 1947, c. 497, 61 Stat. 779, together with (a) such supplies, equipment, temporary structures, utilities and facilities pertaining thereto as are located therein or are in depots or other places overseas under the jurisdiction of the American Graves Registration Service and are determined by the American Battle Monuments Commission to be required for the discharge of its responsibilities under this order, and (b) the cemetery records currently maintained for the operation of such cemeteries, including records pertinent to the acquisition of real estate upon which the cemeteries and their appurtenances are situated, are hereby transferred to the American Battle Monuments Commission; such transfer to become effective as to any particular cemetery or group of cemeteries upon the completion of the operational mission of the Department of the Army with respect to such cemetery or group of cemeteries, but in no instance later than December 31, 1951, or at such earlier date as may be determined by the President or the Congress pursuant to the said act of May 16, 1946, as amended by the act of August 5, 1947. 2. The Department of the Army shall have the right to re-enter any of such cemeteries subsequent to the effective date of the transfer of functions with respect thereto for the purpose of making exhumations or reinterments should any such action become necessary. 3. There shall be transferred to the American Battle Monuments Commission so much of the unexpended balances of appropriations now, or which may become, available to the Department of the Army for the performance of the functions transferred by the provisions of this order as the Director of the Bureau of the Budget may deem necessary for use prior to July 1, 1950, in connection with such functions. EX. ORD. NO. 12115. PERMANENT AMERICAN CEMETERY IN REPUBLIC OF PANAMA Ex. Ord. No. 12115, Jan. 19, 1979, 44 F.R. 4645, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, including Section 10 of the Act of March 4, 1923 (42 Stat. 1509), as amended (36 U.S.C. 132), and to implement the intent of the United States Senate (124 Cong. Rec. S3857 of March 16, 1978) as set forth by Reservations (1) and (3) to the Resolution of Ratification of the Treaty Concerning the Permanent Neutrality and Operation of the Panama Canal, it is hereby ordered as follows: 1-101. The Secretary of State shall take all appropriate steps to complete, prior to the date of entry into force of the Treaty Concerning the Permanent Neutrality and Operation of the Panama Canal, hereinafter referred to as the Neutrality Treaty, the negotiations which have begun with the Republic of Panama for an agreement under which the United States of America would, upon the date of entry into force of such agreement and thereafter, administer as a permanent American cemetery such part of Corozal Cemetery as encompasses the remains of citizens of the United States of America. 1-102. Subject to the conclusion of the agreement referred to in Section 1-101 of this Order, the American Battle Monuments Commission shall administer that part of Corozal Cemetery which encompasses the remains of citizens of the United States of America, in accordance with the terms of the agreement with the Republic of Panama. 1-103. The Governor of the Canal Zone shall, to the extent funds are available, disinter from Mount Hope Cemetery, before entry into force of the Neutrality Treaty, and reinter in Corozal Cemetery the remains of United States citizens, and the remains of members of their immediate family that are buried with them. The Governor shall not remove from Mount Hope Cemetery the remains of any such person whose next of kin timely requests in writing that such remains not be disinterred. The Governor shall transport to the United States for reinterment the remains of any such person whose next of kin timely requests in writing that such remains be transported to the United States for reinterment. 1-104. The Secretary of Defense shall, to the extent funds are available, disinter from Corozal Cemetery and transport to the United States for reinterment the remains of United States citizens, and the remains of members of their immediate family buried with them, whose next of kin requests in writing by April 1, 1982, that such remains be transported to the United States for reinterment. 1-105. Subject to the availability of funds, all the costs incurred in the disinterment, reinterment in Corozal Cemetery, and transportation of remains required by this Order, including the costs of preparation, cremation if requested, and a casket or urn, shall be borne by the United States of America. The costs of reinterment in the United States, including any costs for funeral home services, vaults, plots, or crypts, will be the responsibility of the next of kin making the request, except to the extent otherwise provided by law, including any unused specific entitlements available pursuant to statute. 1-106. (a) The Governor of the Canal Zone shall identify, to the extent feasible, the closest surviving next of kin of each deceased United States citizen buried in the Mount Hope and Corozal Cemeteries, and of such next of kin of each member of the immediate family that is buried with such United States citizen. (b) The Governor shall provide notice to the next of kin of such deceased buried in Mount Hope Cemetery that the Government plans to remove the deceased to Corozal Cemetery unless the next of kin requests in writing, not later than three months after the first issuance of such notification, either that the remains not be removed from Mount Hope Cemetery, or that the remains be moved to, and reinterred in, the United States in a cemetery or other burial site designated by the next of kin. (c) The Governor shall also provide notice to the next of kin of such deceased who are buried in Corozal Cemetery that the Government will disinter and transport such deceased to the United States for reinterment in a cemetery or other burial site designated by the next of kin, if the next of kin so requests in writing not later than April 1, 1982. (d) The Governor shall publish the notices provided for in subsections (b) and (c) of this Section in appropriate newspapers, magazines and other periodicals, and utilize such other means of communicating with the next of kin that he finds to be practical and effective. 1-107. The Governor of the Canal Zone shall, before the entry into force of the Neutrality Treaty, fully advise the next of kin of all available options, and their implications, in those cases where a request has been made that remains not be removed from Mount Hope Cemetery. 1-108. The Secretary of the Army shall supervise the planned removal of the remains from Mount Hope Cemetery to Corozal Cemetery and shall ensure compliance with the wishes of any next of kin who, within the time specified in clause B(i) to the Third Reservation to the Neutrality Treaty, objects to such removal. 1-109. As used in this Order: (a) 'Next of kin' means the person whom the Governor of the Canal Zone determines to be the nearest living relative, by consanguinity or affinity, of a person buried at Mount Hope Cemetery or Corozal Cemetery. (b) 'Members of their immediate family' means the spouse, children, mother or father of the deceased United States citizen. Jimmy Carter. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 121, 125, 127, 128, 138a, 138b of this title. ------DocID 41319 Document 232 of 1444------ -CITE- 36 USC Sec. 133 to 135 -EXPCITE- TITLE 36 CHAPTER 8 -HEAD- Sec. 133 to 135. Omitted -COD- CODIFICATION Section 133, acts Apr. 2, 1924, ch. 81, Sec. 1, 43 Stat. 35; June 7, 1924, ch. 292, 43 Stat. 522; Apr. 22, 1926, ch. 171, Sec. 1, 44 Stat. 307; Feb. 11, 1927, ch. 104, Sec. 1, 44 Stat. 1071, provided for disbursements outside of continental United States, and has not been repeated in subsequent appropriation acts. Section 134, acts Apr. 22, 1926, ch. 171, Sec. 1, 44 Stat. 307; Feb. 11, 1927, ch. 104, Sec. 1, 44 Stat. 1071; May 16, 1928, ch. 580, Sec. 1, 45 Stat. 575; Feb. 20, 1929, ch. 270, Sec. 1, 45 Stat. 1231; Apr. 19, 1930, ch. 201, Sec. 1, 46 Stat. 230; Feb. 23, 1931, ch. 281, Sec. 1, 46 Stat. 1356; June 30, 1932, ch. 330, Sec. 1, 47 Stat. 454; June 16, 1933, ch. 101, Sec. 1, 48 Stat. 285, authorized Commission to incur certain obligations, and has not been repeated in subsequent appropriation acts. Section 135, act Mar. 28, 1946, ch. 113, title I, Sec. 101, 60 Stat. 60, related to power to contract for work in Europe, etc., and has not been repeated in subsequent appropriation acts. See section 138b of this title. ------DocID 41320 Document 233 of 1444------ -CITE- 36 USC Sec. 135a -EXPCITE- TITLE 36 CHAPTER 8 -HEAD- Sec. 135a. Repealed. Oct. 10, 1940, ch. 851, Sec. 4, 54 Stat. 1111 -MISC1- Section, acts June 28, 1937, ch. 396, Sec. 1, 50 Stat. 331; May 23, 1938, ch. 259, Sec. 1, 52 Stat. 412; Mar. 16, 1939, ch. 11, Sec. 1, 53 Stat. 525; Apr. 18, 1940, ch. 107, Sec. 1, 54 Stat. 113, related to purchase of supplies in minimum quantity without restrictions. ------DocID 41321 Document 234 of 1444------ -CITE- 36 USC Sec. 136 -EXPCITE- TITLE 36 CHAPTER 8 -HEAD- Sec. 136. Seal of Commission; judicial notice -STATUTE- The commission shall have a seal, which shall be judicially noticed. -SOURCE- (Feb. 11, 1927, ch. 104, Sec. 1, 44 Stat. 1071.) ------DocID 41322 Document 235 of 1444------ -CITE- 36 USC Sec. 137 -EXPCITE- TITLE 36 CHAPTER 8 -HEAD- Sec. 137. Disposition of land in foreign countries -STATUTE- The commission may, under such terms and conditions and in such manner as the commission may in its discretion deem necessary and proper dispose of any land or interest in land in foreign countries which has been or may hereafter be acquired by the commission in connection with its work. -SOURCE- (Feb. 11, 1927, ch. 104, Sec. 1, 44 Stat. 1071.) -COD- CODIFICATION Provisions of this section were to be superseded by the third paragraph of section 138b of this title upon the expiration of the Surplus Property Act of 1944. See References in Text note set out under section 138b of this title. ------DocID 41323 Document 236 of 1444------ -CITE- 36 USC Sec. 138 -EXPCITE- TITLE 36 CHAPTER 8 -HEAD- Sec. 138. Records and archives -STATUTE- The records and archives of the Commission, shall, when no longer required by the Commission, be deposited with the National Archives in accordance with the provisions of section 2107 of title 44. -SOURCE- (Mar. 4, 1923, ch. 283, Sec. 9, formerly Sec. 11, 42 Stat. 1510; June 26, 1946, ch. 502, 60 Stat. 318; renumbered Sec. 9 and amended July 25, 1956, ch. 721, Sec. 2(c), 4(a), 70 Stat. 640, 641.) -COD- CODIFICATION 'Section 2107 of title 44' substituted in text for 'the Federal Records Act of 1950 (44 U.S.C. 397)' on authority of Pub. L. 90-620, Sec. 2(b), Oct. 22, 1968, 82 Stat. 1305, the first section of which enacted Title 44, Public Printing and Documents, and Pub. L. 98-497, title I, Sec. 102(a)(1), Oct. 19, 1984, 98 Stat. 2280, which renumbered section 2103 of Title 44 (as enacted by Pub. L. 90-620) as section 2107. -MISC3- AMENDMENTS 1956 - Act July 25, 1956, Sec. 4(a), substituted 'when no longer required by the Commission' for 'upon the termination of its duties' and required deposit of records and archives in accordance with the provisions of the Federal Records Act of 1950 (44 U.S.C. 397). 1946 - Act June 26, 1946, amended section generally. Former provisions of this section are covered by section 138a of this title. -TRANS- TRANSFER OF FUNCTIONS National Archives Establishment transferred to General Services Administration by act June 30, 1949, ch. 288, title I, Sec. 104(a), 63 Stat. 381. On Dec. 11, 1949, National Archives and Records Service, under direction of Archivist of the United States, established by Administrator of General Services to succeed National Archives Establishment. National Archives and Records Service of General Services Administration transferred to National Archives and Records Administration, see section 2102 of Title 44, Public Printing and Documents, and sections 103 to 106 and 108 of Pub. L. 98-497, set out as notes under section 2102 of Title 44. EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions as effective July 1, 1949, see section 605 of act June 30, 1949, set out as an Effective Date note under section 471 of Title 40, Public Buildings, Property, and Works. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 121, 125, 127, 128, 138a, 138b of this title. ------DocID 41324 Document 237 of 1444------ -CITE- 36 USC Sec. 138a -EXPCITE- TITLE 36 CHAPTER 8 -HEAD- Sec. 138a. Appropriations -STATUTE- Such sum or sums as Congress may after June 26, 1946, appropriate for the purposes of sections 121, 122b to 125, 127, 128, 131, 132, and 138 to 138b of this title are authorized to be appropriated. -SOURCE- (Mar. 4, 1923, ch. 283, Sec. 11, formerly Sec. 13, as added June 26, 1946, ch. 502, 60 Stat. 318; renumbered Sec. 11, July 25, 1956, ch. 721, Sec. 2(c), 70 Stat. 640.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 121, 125, 127, 128, 138b of this title. ------DocID 41325 Document 238 of 1444------ -CITE- 36 USC Sec. 138b -EXPCITE- TITLE 36 CHAPTER 8 -HEAD- Sec. 138b. Acquisition and disposition of land in foreign countries; operation of vehicles; establishment of offices; printing authority; contract power; effective date; delegation of authority; claims against Commission -STATUTE- Within the limits of any appropriation or appropriations made for the purposes of sections 121, 122b to 125, 127, 128, 131, 132, and 138 to 138b of this title, the Commission is authorized (1) to acquire land or interest in land in foreign countries for carrying out the purposes of said sections or of any Executive order conferring functions upon the Commission without submission to the Attorney General of the United States under the provisions of section 255 of title 40; (2) to maintain, repair, and operate motor-propelled passenger-carrying vehicles and other property, which may be furnished to the Commission by other departments of the Government; (3) to establish offices in the District of Columbia and elsewhere in or outside of the United States; (4) to rent office and garage space in foreign countries which may be paid for in advance; (5) to procure printing, binding, engraving, lithographing, photographing, and typewriting, including the publication of information concerning the American activities, battlefields, memorials, and cemeteries with respect to which it may exercise any functions. Notwithstanding the requirements of existing laws or regulations, under such terms and conditions as the Commission may in its discretion deem necessary and proper, the Commission may contract for work, supplies, materials, and equipment outside or for use outside of the United States and engage, by contract or otherwise, the services of architects, firms of architects, and other technical and professional personnel. The Commission may under such terms and conditions and in such manner as it may deem proper dispose of any land or interest in land in foreign countries which has been or may after June 26, 1946, be acquired by the Commission in connection with its work: Provided, That this subsection shall not be effective until the expiration of the Surplus Property Act of 1944. Claims of the type described in section 2734 of title 10, on account of damage to or loss or destruction of property both real and personal, or personal injury or death of any person, arising on or after July 25, 1956 and caused by the negligent or wrongful act or omission of any officer or civilian employee of the Commission while acting within the scope of his office or employment, may be considered, ascertained, adjusted, determined, and paid in the manner provided in section 2734 of title 10 for the settlement of Army claims, except that in such cases one or more officers or employees of the Commission may be appointed by the Secretary of the Army to a claims commission or commissions or as officers to approve settlements of claims made by such commission or commissions, and all payments in settlement of such claims shall be made out of appropriations made for the purposes of sections 121, 122b to 125, 127, 128, 131, 132, and 138 to 138b of this title. The Commission may delegate to its Chairman, secretary, or officials in charge of any of its offices, under such terms and conditions as it may prescribe, such of its authority as it may deem necessary and proper. -SOURCE- (Mar. 4, 1923, ch. 283, Sec. 12, formerly Sec. 14, as added June 26, 1946, ch. 502, 60 Stat. 318; renumbered Sec. 12 and amended July 25, 1956, ch. 721, Sec. 2(c), 4(c), 70 Stat. 640, 641.) -REFTEXT- REFERENCES IN TEXT The expiration of the Surplus Property Act of 1944, referred to in the third paragraph, means the expiration of act Oct. 3, 1944, ch. 479, 58 Stat. 765, which was classified principally to sections 1611 to 1641 of Title 50, Appendix, War and National Defense. The expiration of such act was to occur, pursuant to section 38 of such act, three years after cessation of hostilities of World War II. Cessation of hostilities was proclaimed on Dec. 31, 1946, by Proc. No. 2714, 12 F.R. 1, set out as a note preceding section 1 of Title 50, Appendix. However, effective July 1, 1949, section 38 of act Oct. 3, 1944, along with substantially all of such act was repealed (except for sections 1622, 1631, 1637, and 1641 of Title 50, Appendix) by act June 30, 1949, ch. 288, title VI, Sec. 602(a)(1), 63 Stat. 399, renumbered Sept. 5, 1950, ch. 849, Sec. 6(a), (b), 64 Stat. 583. Sections 1622 and 1641 were partially repealed by the 1949 act, and section 1622 is still set out in part in Title 50, Appendix. Section 1631 was repealed by act June 7, 1939, ch. 190, Sec. 6(e), as added by act July 23, 1946, ch. 590, 60 Stat. 599, and is covered by sections 98 et seq. of Title 50, War and National Defense. Section 1637 was repealed by act June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862, eff. Sept. 1, 1948, and is covered by section 3287 of Title 18, Crimes and Criminal Procedure. Provisions of section 1641 not repealed by the 1949 act were repealed by Pub. L. 87-256, Sec. 111(a)(1), Sept. 21, 1961, 75 Stat. 538, and are covered by chapter 33 (Sec. 2451 et seq.) of Title 22, Foreign Relations and Intercourse. The provisions of the Surplus Property Act of 1944 originally repealed by the 1949 act are covered by chapter 10 (Sec. 471 et seq.) of Title 40, Public Buildings, Property, and Works. -COD- CODIFICATION In the fourth paragraph, 'section 2734 of title 10' substituted for 'the first section of the Act entitled 'An act to provide for the prompt settlement of claims for damages occasioned by Army, Navy, and Marine Corps forces in foreign countries', approved January 2, 1942 (55 Stat. 880, as amended; 31 U.S.C. 224d)' and 'such Act', on authority of act Aug. 10, 1956, Sec. 49(b), ch. 1041, 70A Stat. 640, the first section of which enacted Title 10, Armed Forces. The 1942 Act originally enacted sections 224d to 224i-1, and repealed section 223a, of former Title 31, Money and Finance. Sections 224d, 224h, and 224i of former Title 31 were repealed by the 1956 Act, and reenacted as section 2734 of Title 10, Armed Forces. Sections 224e, 224f, 224g, and 224i-1 of former Title 31 were repealed by the 1956 Act as being unnecessary and executed. -MISC3- AMENDMENTS 1956 - Act July 25, 1956, Sec. 4(c), amended section to permit the Commission to contract for work, supplies, materials, and equipment for use outside the United States, and to authorize the consideration, ascertainment, adjustment, determination, and payment of claims caused by the negligent or wrongful act or omission of any officer or civilian employee of the Commission. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 121, 125, 127, 128, 138a of this title. ------DocID 41326 Document 239 of 1444------ -CITE- 36 USC Sec. 138c -EXPCITE- TITLE 36 CHAPTER 8 -HEAD- Sec. 138c. American Battle Monuments Commission Foreign Currency Fluctuations Account -STATUTE- (a) Establishment; purpose; transfer of funds There is hereby established in the Treasury an account to be known as the 'Foreign Currency Fluctuations, American Battle Monuments Commission, Account'. The account shall be used to provide funds, in addition to funds appropriated for salaries and expenses of the American Battle Monuments Commission, to pay the costs of such salaries and expenses that exceed the amount appropriated therefor as a result of fluctuations in currency exchange rates of foreign countries occurring after a budget request for the Commission is submitted to Congress. The account may not be used for any other purpose. Funds in the account may be transferred to funds appropriated for salaries and expenses of the Commission. (b) Merger and availability of transferred funds; increase in permissible obligations of funds Funds transferred under subsection (a) of this section shall be merged with and available for the same time period as the appropriation to which they are applied. A provision of law limiting the amount of funds the Commission may obligate in any fiscal year shall be increased to the extent necessary to reflect fluctuations in exchange rates from those used in preparing the budget submission. (c) Recording of obligations and fluctuations in exchange rates An obligation of the Commission payable in the currency of a foreign country may be recorded as an obligation based upon exchange rates used in preparing a budget submission. A change reflecting fluctuations in exchange rates may be recorded as a disbursement is made. (d) Return of transferred funds Funds transferred from the Foreign Currency Fluctuations, American Battle Monuments Commission, Account may be transferred back to that account - (1) if the funds are not needed to pay obligations incurred because of fluctuations in currency exchange rates of foreign countries in the appropriation to which the funds were originally transferred; or (2) because of subsequent favorable fluctuations in the rates or because other funds are, or become, available to pay such obligations. (e) Time of return A transfer back to the account under subsection (d) of this section may not be made after the end of the second fiscal year after the fiscal year in which the appropriation to which the funds were originally transferred is available for obligation. (f) Unobligated balances; merger and availability Not later than the end of the second fiscal year following the fiscal year for which appropriations for salaries and expenses have been made available to the Commission, unobligated balances of such appropriation provided for a fiscal year may be transferred into the Foreign Currency Fluctuations, American Battle Monuments Commission, Account, to be merged with and available for the same period and purposes as that account. (g) Annual report on transferred funds The Commission shall submit to the appropriate committees of the Congress each year a report on funds transferred under this section. -SOURCE- (Mar. 4, 1923, ch. 283, Sec. 13, as added May 20, 1988, Pub. L. 100-322, title III, Sec. 345(a), 102 Stat. 540.) -MISC1- EFFECTIVE DATE Section 345(c) of Pub. L. 100-322 provided that: 'The amendment made by subsection (a) (enacting this section) applies with respect to each fiscal year after fiscal year 1988.' AUTHORIZATION OF APPROPRIATIONS Section 345(b) of Pub. L. 100-322 provided that: 'There is authorized to be appropriated to the Foreign Currency Fluctuations, American Battle Monuments Commission, Account the sum of $3,000,000.' ------DocID 41327 Document 240 of 1444------ -CITE- 36 USC CHAPTER 8A -EXPCITE- TITLE 36 CHAPTER 8A -HEAD- CHAPTER 8A - THE NATIONAL YEOMEN F -MISC1- Sec. 139. Corporation created; purposes. 139a. Right to hold property; constitution, bylaws and seal. 139b. Deposit of historical material. ------DocID 41328 Document 241 of 1444------ -CITE- 36 USC Sec. 139 -EXPCITE- TITLE 36 CHAPTER 8A -HEAD- Sec. 139. Corporation created; purposes -STATUTE- Eva H. Clarke, Beatrice Brown Dwyer, and Mary J. O'Donnell, of Arizona; Ruby Busse Anglim, Lottie Sessions Barrett, Philome Lucy Cavanagh, Stella Austen Clark, Pearl Bonham Clerk, Lillian Koeber Deamer, Harriet Jane Dodson, Alma Simmermacher Dreyer, Stella Neumann Elberson, Ola Belle Emmner, Edna Crumpler Estes, Mirian Mathews Everett, Katherine Driscoll Fallon, Kathleen Vance Hatch, Eva Wilson Hay, Ellen Keefe Heady, Ruth Hemphill, Myrtle Kinsey, Anna Geisler Kirkpatrick, Katherine Brown Lightner, Margaret Dannagger Lovelace, Lillian Catherine McCarthy, Gladys Farmer McCool, Laura Landes Metcalf, Louise Vickery Mowers, Ruth Manahan Neal, Gladys D. Nelson, Madeline O'Leary Peggs, Caroline Peirce, Sara Craddock Sasser, May Gesner Schaefer, Billie Browne Schank, Rita Beauton Schaub, Etienne V. Schier, Louise Williams Sears, Anne Williams Shumway, Florence Kelly Sparrow, Laura V. Waldron, Agnes L. Walker, Gladys Spalding Wheless, Evelyn Lyon Wiberg, and Muriel Andrews Zerangue, all of California; Gladys Yeager Briggs, and Blanche Marion Curry, of Colorado; Grace Pascoe Agard, Julie Sternberg Aichler, Mary Sweeney Alling, Sara Hinchey Barry, Anna Kilroy Bean, Kathleen Moriarity Begley, Anna Lyons Bergin, Ethel Cornet Bolles, Anna McDowell Brown, Mary MacKenzie Carson, Lucy Galvin Cavanaugh, Rose Reiger Chapman, Dorothy Sara Clifford, Monica Cecelia Clifford, Sadie Connelly, Marjory Murray Cormack, Martha Swirsky Cotton, Marion McEntee Cox, Ione Disco Cunningham, Katherine Lyng Donovan, Margaret Bess Dordelman, Marguerite Driscoll, Mae Sheehan Dwyer, Ruth Lawson Euster, Katherine Frances Fagan, Ethel Clendenen Fargo, Gertrude Selesnitzky Feinberg, Elisabeth Tagliabue Fields, Helen Buckley Fitzgerald, Irene Catherine Fitzgerald, Anna Campbell Forsythe, Anna J. Gaughan, Mary Penders Gillis, Mary Agnes Grady, Theresa Madeleine Hamill, Alice Mary Harrington, Florence Hulbert Hermanus, Ella Veronica Houlihan, Deborah Pickett Kane, Frances Walsh Keenan, Margaret O'Brien Kennedy, Hazel Merwin Lander, Elizabeth Mallon Leighton, Agnes Carlson Lukens, Catherine Gertrude MacKenzie, Clara Armstrong MacKenzie, Edna Murray Manchester, Mary Driscoll Markham, A. Regina Martin, Josephine McAuliffe Martin, Bellerose Meunier, Mazie Rogers Miller, Elsie Reichert Moon, Winnifred Patricia Nagle, Isabelle Dickson Peterson, Lucy Riley Pfannenstiel, Jewel Perkins Pitt, Eleanor Donahoe Reilly, Elizabeth Kepes Reynolds, Ida Reed Sanders, Alice Savage, Mildred Mabel Schwartz, Margaret Hogan Seaman, Ida Selesnitzky Stone, Agusta Strand, Caroline Wyllie Waterman, Juliana Augusta Weske, Helen Weinhusen, Louise Arnold Wiley, Selina Lee Winter, Margaret Hardiman Wrisley, Mary Connors Wundrack, and Marie Deering Yeager, all of Connecticut; Norma M. Albers, Lucille Loveless Allan, Gladys Elizabeth Allen, Sarah Jarvis Andrus, Edith Ober Armstrong, Mary Hough Barber, May A. Barrett, Nettie Neitzey Beach, Mary Munday Becker, Esther Hall Beckett, Anne Curtin Belt, Charlotte Louise Berry, Jeannette L. Bishop, Alice Boland Bloomfield, Amelia Boberg, Beulah Holtzscheiter Bosworth, Jane M. Breen, Kate Knight Briggs, Eloise Broaddus, Helen Sprague Brown, Lola Carlisle Strailman Browning, Rose Flood Buice, Annette Louise Burton, Gertrude Bange Butts, Mary Callen, Daisy House Campbell, Ella Echois Chambers, Emma S. Collie, Maude V. Cowan, Jane Regina Cox, Catherine Crowley, Reva S. Darrell, F. Pearl Delaplaine, Eleanor Marie Downey, Alice M. Downie, Cora Laughlin Drake, Anna Cecelia Dunn, Emma Schroder Dyer, Bessie London Faine, Elizabeth Waters Fallis, Anna Schultz Frame, Barbara Spence French, Agnes Monia Gallagher, Annie Ellen Gilson, Eleanor Mary Griffith, Mary Derouda Hall, Amy F. Hammond, Adelaide Ruth Harbers, Dorothy B. Harper, Carolyn Hardesty Herman, Nellie Grant Hinson, Mary E. Jones, Claire Keefe, Kathryn Gallagher Kendrick, Ann Kilmartin, Hope Knickerbocker, Louise Elender Koester, Mary Beall Kolhos, Helen Lucinda Leonard, Edith Kite Lewis, Mary Dove Loughrey, Marie B. Luebkert, Lillian Allen Brubaker Luther, Helen Horigan Maisel, Laura Garcia Martin, Louise Greenwald Matthews, Helen C. McCarty, Geraldine Clark McGovern, Lois B. McRae, Ellen Russell McWilliams, Eloise Sanford Davison Miller, Mary Kurth Moler, Alice Alford Morgan, Anna Lochte Murphy, Margaret Elma Naylor, Edna Meier Nielson, Margaret Broderick Nolan, Alice F. O'Neal, Helen Geraldine O'Neill, Helen Linkins Opitz, Netty Baxter Parker, Blanche C. Paul, Anna Viola Phelps, Annie Skidmore Powers, Sue Gould Prentiss, Edith Warren Quinn, Lillian Louise Reagan, Edna Marie Robey, Estelle Richardson Ruby, Ethel Clark Rule, Louise MacDonnell Ryan, Elizabeth Ivey Sage, Marion Trumbo Skinner, Jessica Randolph Smith, Margaret Grady Smith, Mabel F. Staub, Emily Steele, Nellie Rollins Stein, Edith Herndon Summerson, Mary Sullivan Tatspaugh, Marion Crawford Thur, Mary Killilea Tracey, Margaret Mills Vaughan, Eva Young Virtue, Olive Wrenn Walter, Genevieve F. Wedding, Mary Z. Weide, Lena Kathryn Willige, Pansie Casanave Willson, Ethel M. Wilson, Faith Clements Windsor, Amy Owen Wood, Lena Rigby Woolford, Myrtle Stephens Wright, and Mary Crook Yates, all of the District of Columbia; Marie Roberts Bevis, Zella Prunty Byrd, Lamonte Oliver Cates, Demerise Labbe Cleveland, Ida Matthews Eichenberger, Loyce Davis Hackett, Mabel Williamson Jacobs, Madeline A. Jacobson, Idele Torrance Jamison, Adele Mead Kendrick, Josephine Mack Miller, Lois Clappison Morse, Almeda Fink Murphy, Roxana Anne Post, Agnes Towson Shelton, Daisy Ruth Westerlund, and Elsie Tuttle Wright, all of Florida; Anna Elizabeth O'Connell, of Georgia; Alta Sebree Wardwell Donovan, of Idaho; Elsie Ericksen Biever, Nora Pomeroy Darling, Grace Alma Dunbar, Anne Rourke Durst, Virginia Stoddert Moore Grottee, Nell Weston Halstead, Edna Benton Hann, Cornelia M. Huennekens, Elizabeth Ann McCoy, Mary Louise Minton, Josephine MacFarland Moran, Mable Vander Ploeg Pease, Hester Smith Rasmussen, Agnes Foertsch Rohlfing, Marie Healy Simpson, Evelyn Jackson Skavlan, Constance Strong, and May Gilligan Sutherland, all of Illinois; Donna Zimmer Akin, Bessie Fisher Bogwell, Hortense Lee Goldsmith, Mary Parker Harris, and Minnie Tryon Ryan, all of Indiana; Maud Lowell Ayers, of Kentucky; Sarah Flaherty Gallagher, and Gladys Ilsley McKnight, of Maine; L. Dorothy Devey Brunken, Lucille Bonita Garrett, Fannie Grigat Laut, Grace Ryder Mead, Katherine Marie Page, Lillian Deters Tabor, Effie Van Horn Thomas, Edna Josephine Yorker, and Anna Kaer Yust, all of Maryland; Mary Lee Aylward, Marion L. Bain, Florence K. Barry, Anna E. Beers, Helen I. Blake, Mary C. Breslow, Adelaide Mary Bresnahan, Gladys Bruce, Isabel Kehoe Burk, Aileen J. Burke, Elizabeth Helen Burke, Dorothy Leighton Cady, Alice Elinor Carey, Helen Carman, Mary A. Carroll, Mary Chisel, Mary Warner Colombo, Mazie Conley, Kathryn J. Connor, Anita Ryan Connors, Mary M. Conroy, Ellen Bernadette Corbett, Catherine A. Corcoran, Winifred Burns Cox, Lizzie Glidden Crowley, Madeleine Galvin Delano, Elinor Kyle Devine, Sally Ryan Devlin, Mary F. Doherty, Jane E. Dolsen, Mary Dowd, Eleanor Marion Drew, Alice Driscoll, Mary Joyce Duggan, Mollie Catherine Dundon, Margaret Murphy Faherty, Helen Farrell, Helen Mary Farrell, Catherine Woodward Feeney, Bernice W. Fortin, Patricia Gleason, Marion E. Grady, Mary E. Grady, Anna Mary Hegarty, Ethel Hickey, Dorothy Drew Horan, Elizabeth A. Horgan, Marie Lambert Johnson, Anna Riley Joyce, Agnes Keanneally, Ellen E. Kearns, Bessie Josephine Kelly, Violet Elizabeth Kirkland, Ethel Lally, Genevieve Adrienne Lane, Lucy Marshall Lanigan, Ellen A. Lannigan, Leonore Learson, Julia B. Lehan, Marie Alice Long, Gertrude Lorton, Emma Macaulay Lyle, Helen Stolba Macbeth, Gertrude Catherine Macdonald, Margaret Mehlman Maguire, Anna Marie Mahan, Genevieve A. Maher, Mary Louise Marcille, Marie Kathryn McAuliffe, Anna McCarthy, Helen F. McDonald, Catherine McDonough, Marion Mary Mc- Elaney, Anna Marie McGuire, Esther McCall McLaughlin, Agnes Murphy McLean, Anna L. McNulty, Ruth Desmond McSweeney, Bertha Erickson Mead, Irene Florence Michel, Yvonne Michel, Margaret Isabelle Mitchell, Margaret Louise Murphy, Helen Adelaide Murray, Elizabeth McDonald Myers, Helen Barr Nickerson, Eleanor Teresa O'Brien, Marguerite Catherine O'Brien, Ria Minehan O'Brien, Margaret Lonergan O'Brion, Helen O'Brien O'Connor, Elizabeth M. O'Donnell, Mary Bull Owens, Olive T. Parsons, Mary Fielding Rawling, Mary McGunigle Redmond, Elizabeth Foley Regan, Mary Lane Regan, Ellen Riley, Helen O'Brien Riley, Anita Roberts, Mary Myers Robinson, Alice Mahan Saunders, Gladys Mary Saxton, Mary Elizabeth Scalley, Julia E. Shine, Elizabeth Stander, Mary Catherine Sughrue, Madeline O'Brien Sullivan, Harriet Mussinan Swearingen, Mary Gross Thayer, Grace M. Tomasello, Madeline Robillard Treloar, Isabel Catherine Wall, Lulu Veronica Walsh, Ethel Mary Ward, Agnes O'Brien Welch, Esther Marie Werme, Margaret Gertrude Wholly, Alice M. Williams, Lillian Everette Williams, Lucy M. Winn, and Maud C. Young, all of Massachusetts; Theresa Bean Ballenger, Lilla Mary Bellinger, Gertrude M. Camp, Pauline Cassidy, Grace Schoenhur Conway, Marie Rossley Kalt, Gladys Webster Mallett, Helen Moran, and Margaret Morton Mullaney, all of Michigan; Ethyl Ryan Maly and Gertrude O'Connor Trestrail, of Minnesota; Gladys Thames Hubbard, of Mississippi; Sophie Polenska Coleman, of Missouri; Davidson, Edyth Plummer, and Dorothy Mauck Wehrman, of Nebraska; Christina Sander Anderson, Anna Elizabeth Conroy, Gertrude O'Neil DeBrunner, A. May Erwin, Alice Catherine Fairbrother, Kathleen Mary Field, Anne Pedersen Freeman, Marguerite B. Geiger, Lillian Helena Hannold, Julia Hicks, Anna V. Kane, Dorothy May Lee, Corrine Dextroze Mahanna, Anne Marie McCormick, Mina Klein Morrison, Marie Burke Oetmann, Ann B. Shinnick, and Catherine Waters, all of New Jersey; Sarah Russell Imhof, of New Mexico; Mary Ducey Archer, Laura Dayton Ball, Esther Berkowitz, Rose Brancato Biagi, May Anne Blazina, Ruth Nethaway Bouck, Harriet Eldridge Robins Brandt, Josephine Mitchell Brosseau, Irene Malito Brown, Regina Burke, Frances Jedlicka Campbell, Rowena Margaret Campbell, May Flaherty Carroll, Veronica Marie Cherry, Mary L. Clark, May Cecilia Collins, Ada Howe-Webster Dailinger, Julia Flynn Dorner, Alice Leahy Everard, Dorothy Winifred Ferrier, Elinor Valentine Foley, Marie McElroy Forte, Anna Gallagher, Margaret Katherine Garland, Florence Wilson Goulden, Alice Miriam Govenor, Elizabeth Anna Gridley, Mildred Berryman Hall, Mary Mahoney Halwartz, S. Dorothy First Hayes, Alice Gieseking Johnson, Angela Lyons Johnson, Marie Elizabeth Kelly, Carrie Klinger, Leonore Lawson Koellsted, Lucile Alzamora Lacey, Mary Gray Langford, Esther Martins Law, Hortense Lersner, Gertrude Long, Isabel Margaret Lynch, Nellie Mahoney, Ruth Evelyn Manning, Matilda Foeth McDonald, Agnes Murphy McGovern, Mary McMahon, Lillian Forsberg Miller, Maud Amelia Mittern, Blanche Babbitt Moeller, Frances Donahue Molloy, Mina Walden Mullen, Lulu Muller, Mary Elizabeth Noel, Lillie May Nohowec, Mabel Dorothy O'Connell, Betty A. Peifer, Frances L. Phair, Anna Reisman, Julia White Robbins, Marion Flannery Savage, Gertrude Evelyn Sawyer, Margaret Faglon Schutt, Mae E. Shuttleworth, Ethel Lynwood Sickles, M. Grace Siegmann, Alice Clyde Stafford, Jeannette Gartland Sturla, May Agnes Sullivan, Lilian Browne Swanson, Dorothy Bradford Thomson, Irene M. Tynan, Rita Regan Wallis, Florence Kelley Walters, Irene Hallan Webb, Julia Woodroff Wheelock, Sally R. Wolf, Sarah Gibbon Yeoman, and Henrietta Yunker, all of New York; Cooper Miller Correll, Willa Tritt Coward, Virginia Dockery Crow, Lassie Kelly Cunningham, Ethel Harwood Fuller, Estelle D. Gordon, Velma Moody Horne, Annie L. Londeree, Arabella Johnson Milligan, Rebecca Adams Nichols, Mary Allen Pearce, Kathleen Rogers Tate, and Edith Singer Weibel, all of North Carolina; Neita Russell Christian, Evelyn Evans, Mary Pow Hartman, and Mae E. Hickey, all of Ohio; Helen Jane Bringier and Bessie Hittle Groff, of Oklahoma; Anna Lenz Seaton, and Evelyn B. Youngs, of Oregon; Marie R. Ahern, Mary Kemp Anthony, Laura Anderson, Sue Rohland Arishoff, Lillian Young Armour, Minnetta Collies Bentz, Lillian LeVene Blackman, Maybelle M. Bond, Anna D. Boyle, Gertrude Margaret Bracken, Winifred Brooks, May McCormick Bullock, Emma Engel Bunte, Margaret Rebecca Burdell, Mary Gallagher Campbell, Margaret M. Collins, Mae McConnell Conlin, Mary E. Cross, Mrs. James Crumlish, Anna Maguire Culliton, Mary Cavanaugh Daly, Claire Dougherty Dever, Helen M. Devery, Anna Marie Devine, Elizabeth Gray Doran, Helen Dunne, Helen Coty Easterby, Anna Viola Edmonds, Dorothy Elma Evans, Florence Monberger Fedor, Sylvania Israel Garner, M. Cecilia Geiger, Gertrude White Gilkes, Fanny Goldscheider, Blanche Miller Grimes, Catherine Stanfield Gutenberger, Emily Hacker, Beatrice B. Hamer, Agnes E. Hamill, Marion Manahan Hammill, Claire V. Harkins, Bertha M. Harris, Mary English Harvey, Freda Forster Hawsey, Kathryn Johnston Hazzard, Charlotte King Hedden, Jane Orr Heilig, S. Elizabeth Holmes, Effie C. Innes, Sue Altemus Jones, Anna Elizabeth Jourdan, Marie A. Kelly, Marie V. Klase, Emma Edith Lapeus, Sophia Levin, Mary M. Long, Laura Harrison Love, Anna Elizabeth Magee, Helen Marshall, Esther Nichols Martin, Cecilia McHale, Elizabeth Marie McNamee, Anna J. Meara, Mary Burton Morris, Rosaline K. Moscony, Helen Hannigan Myers, Sara Myers, Florence Fischer Nicholson, Vesta Kaufman Niedt, Sylvania W. Oberholtzer, Anna Florence O'Connor, Constance O'Hara, Catherine G. O'Neill, Margaret Elizabeth Paul, Anne M. Perry, Cora Felter Phillips, Molly Dever Purcell, Mary A. Raith, Sara Ada Rice, Isabel E. Rosenfeldt, Anna M. Ross, Lillian White Schumacher, Prudence McCullin Sheperla, Rachel Emily Shultz, Aida Holz Skelly, Mabel Melville Slifer, Marjorie L. Slocum, Mary T. Smith, Caroline Steinbock, Mary M. Taylor, Agnes Finley Tieman, Ida Carver Townsend, Gertrude Martin Voigt, Katherine Frances Walsh, Mary Warren, Elsie E. Weaver, Amy Maria Weems, Annette Kirby Weirbach, Margaret Rowena Wellbank, Joanna Ferguson Wittman, and Elsie Richards Whitmore, all of Pennsylvania; Jennie Carter Aldred, Elizabeth Louise Baxter, Lydia York Brown, Lylian Annette Callis, Lillie Reeves Campbell, Olive Mather Clark, Theresa Margaret Dunphy, Helen MacDonald Garnett, Matilda Eglinton Grady, Dora Bucklin Helwig, Catherine Freeman Hunt, Monica Monaghan Keenan, Margaret Ruane McCartin, Effie Crowther Meeker, Mary Littlefield O'Mara, Jennie Cavanaugh Peffer, and Agnes Wheeler Smith, all of Rhode Island; Bertha Avaunt Frischkorn, Sara Quinn Harrington, Rosa Wade Holland, Florence Idella Larasey, Mary Sinkler de Saussure McQueen, Ida Marie Stoesen, and Mamie Elizabeth Verdier, all of South Carolina; Antonio Shuster Bunger, Sue Lou Rutledge Corbin, and Louisa Daniell Shepard, all of Texas; Esther Laubach, of Utah; Nellie Leland Cutler and Minnie Bliss Sweetser, of Vermont; Bertha Tyler Carwithen, Columbia Taylor Conway, Mary Anne Eike, Janet Rishell English, Dorothy Knight Fannon, Pauline Taylor Groves, Peggy Oakes Marable, Ethel Ward Montagne, Rose Nelson O'Hara, Anna Smith Reynolds, Josephine M. Senerchia, Maude Lois Smith, Mayme E. Smith, Mary Phillips Spiers, Margaret C. Thomas, and Ulla Rathbun Tracy, all of Virginia; Sadie Conely Babcock, Margaret Powell Bidlake, Calla Layton Henly, Betty L. Reynolds, Emma Rogers Shriver, Lillian M. Squier, and Agnes Bell Williams, all of Washington; Elsie Jane Beaty, Beulah Bess Carper, Ada Drown Childers, Mabelle W. Clinton, Alberta Herren Davis, Selma Price Deyo, Cora Byrnside Haynes, Mabel Claire Heslep, Hazel Hodge, Pauline Miller Howard, Tillie Haley Hull, Elizabeth Van Hoose Hurt, Helen Southworth Lanterman, Hope Parker Oesterle, Naoma Hawkes Parsons, Mary Louise Price, Kathaleen Dellinger Ridgley, and Wafie Calebaugh Robinson, all of West Virginia; Mrs. Wallace A. Giffen, Laura V. Hall, Eleanore Walters Herdrich, Ada Hosford, and Sophia Keller Ormond, all of Wisconsin; Susan Barnes Turney, of Wyoming; Wilhelmina Mezger Farvin Woofter, of Alaska; Katherine Patee MacMillian, of Canada; Rose O'Connell Shaefer, of China; Laura Finnegan Cheatham, Margaret MacEachern Edwards, Marie Murray Grant, Lillian Cooper Harrington, and Julia Weber, all of Hawaii; and their associates and successors are created a body corporate and politic, in the District of Columbia, by the name of 'The National Yoemen F', for patriotic, historical, and educational purposes; to foster and perpetuate the memory of the service of Yoeman (f) in the United States Naval Reserve Force of the United States Navy during the World War; to preserve the memories and incidents of their association in the World War by the encouragement of historical research concerning the service of Yoemen (f); by the promotion of celebrations of all patriotic anniversaries to cherish, maintain, and extend the institutions of American freedom; to foster true patriotism and love of country, and to aid in securing for mankind all the blessings of liberty. -SOURCE- (June 15, 1936, ch. 546, Sec. 1, 49 Stat. 1501.) ------DocID 41329 Document 242 of 1444------ -CITE- 36 USC Sec. 139a -EXPCITE- TITLE 36 CHAPTER 8A -HEAD- Sec. 139a. Right to hold property; constitution, bylaws and seal -STATUTE- Said organization is authorized to hold real and personal estate in the United States so far only as may be necessary to its lawful ends, to an amount not exceeding $50,000, and may adopt a constitution and bylaws not inconsistent with law, and may adopt a seal. -SOURCE- (June 15, 1936, ch. 546, Sec. 2, 49 Stat. 1506.) ------DocID 41330 Document 243 of 1444------ -CITE- 36 USC Sec. 139b -EXPCITE- TITLE 36 CHAPTER 8A -HEAD- Sec. 139b. Deposit of historical material -STATUTE- The regents of the Smithsonian Institution are authorized to permit said national organization to deposit its collections, manuscripts, books, pamphlets, and other material for history in the Smithsonian Institution or in the National Museum, at their discretion, upon such conditions and under such rules as they shall prescribe. -SOURCE- (June 15, 1936, ch. 546, Sec. 3, 49 Stat. 1506; June 29, 1960, Pub. L. 86-533, Sec. 1(23), 74 Stat. 249.) -MISC1- AMENDMENTS 1960 - Pub. L. 86-533 struck out provisions which required organization to report annually to Secretary of Smithsonian Institution concerning its proceedings, and required Secretary to communicate to Congress such portions thereof as he may deem of national interest and importance. ------DocID 41331 Document 244 of 1444------ -CITE- 36 USC CHAPTER 8B -EXPCITE- TITLE 36 CHAPTER 8B -HEAD- CHAPTER 8B - NAVY CLUB OF THE UNITED STATES OF AMERICA -MISC1- Sec. 140. Corporation created. 140a. Purposes of corporation. 140b. Powers of corporation. 140c. Annual report. -CROSS- CROSS REFERENCES Navy Wives Clubs of America, see section 2801 et seq. of this title. ------DocID 41332 Document 245 of 1444------ -CITE- 36 USC Sec. 140 -EXPCITE- TITLE 36 CHAPTER 8B -HEAD- Sec. 140. Corporation created -STATUTE- Sigfred A. Sandeen, national commandant; Ernest C. Fiedler, national senior executive officer; Thomas D. Hickey, national junior executive officer; Forest F. Bodiker, national paymaster; V. Homer Peabody, national chaplain; Mason C. Martin, national historian; and John F. McCullough, medical doctor, national medical officer, are created a body corporate of the name, 'Navy Club of the United States of America.' -SOURCE- (June 6, 1940, ch. 239, Sec. 1, 54 Stat. 232.) -MISC1- RESERVATION OF RIGHT TO ALTER CHAPTER Section 5 of act June 6, 1940, provided: 'That the right to alter, amend, or repeal this Act (enacting this chapter) at any time is hereby expressly reserved.' ------DocID 41333 Document 246 of 1444------ -CITE- 36 USC Sec. 140a -EXPCITE- TITLE 36 CHAPTER 8B -HEAD- Sec. 140a. Purposes of corporation -STATUTE- The purposes of this corporation shall be (a) to further, encourage, promote, and maintain comradeship among those persons 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; (b) to revere, honor, and perpetuate the memory of those persons who have been such members and have departed this life; (c) 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 said organizations; (d) to uphold the spirit and ideals of the United States Navy, the United States Marine Corps, and the United States Coast Guard; (e) 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 citizen (FOOTNOTE 1) as they have served the Nation under arms; and (f) to maintain true allegiance to American institutions. (FOOTNOTE 1) So in original. Probably should be 'citizens'. -SOURCE- (June 6, 1940, ch. 239, Sec. 2, 54 Stat. 232.) ------DocID 41334 Document 247 of 1444------ -CITE- 36 USC Sec. 140b -EXPCITE- TITLE 36 CHAPTER 8B -HEAD- Sec. 140b. Powers of corporation -STATUTE- The corporation (a) shall have perpetual succession; (b) may charge and collect membership dues and receive contributions of money or property to be devoted to carrying out the purposes of the organization; (c) may sue or be sued; (d) may adopt a corporate seal and alter it at pleasure; (e) may adopt and alter bylaws not inconsistent with the Constitution and laws of the United States or of any State; (f) may establish and maintain offices for the conduct of its business; (g) may appoint or elect officers and agents; (h) may choose a board of trustees, consisting of not more than fifteen persons nor less than five persons, to conduct the business and exercise the powers of the corporation; (i) may acquire, by purchase, devise, bequest, gift, or otherwise, and hold, encumber, convey, or otherwise dispose of such real and personal property as may be necessary or appropriate for its corporate purposes; and (j) generally may do any and all lawful acts necessary or appropriate to carry out the purposes for which the corporation is created. -SOURCE- (June 6, 1940, ch. 239, Sec. 3, 54 Stat. 233.) ------DocID 41335 Document 248 of 1444------ -CITE- 36 USC Sec. 140c -EXPCITE- TITLE 36 CHAPTER 8B -HEAD- Sec. 140c. Annual report -STATUTE- The corporation shall, on or before the 1st day of December in each year, transmit to Congress a report of its proceedings and activities for the preceding calendar year. Such reports shall not be printed as public documents. -SOURCE- (June 6, 1940, ch. 239, Sec. 4, 54 Stat. 233; Aug. 30, 1964, Pub. L. 88-504, Sec. 4(11), 78 Stat. 637.) -MISC1- AMENDMENTS 1964 - Pub. L. 88-504 struck out ', including the full and complete statement of its receipts and expenditures' after 'calendar year'. ------DocID 41336 Document 249 of 1444------ -CITE- 36 USC CHAPTER 9 -EXPCITE- TITLE 36 CHAPTER 9 -HEAD- CHAPTER 9 - NATIONAL OBSERVANCES -MISC1- Sec. 141. Display of flag on buildings on second Sunday in May. 142. Second Sunday in May designated as Mother's Day. 142a. Third Sunday in June designated as Father's Day; display of flags on buildings; observance. 142b. National Grandparents Day; proclamation, designation; observance. 143. First Monday in October designated as Child Health Day. 144. Transferred. 145. May twenty-second designated as National Maritime Day. 146. Second Monday in October as Columbus Day. 147. Display of flag on buildings on last Sunday in September. 148. Last Sunday in September designated as Gold Star Mother's Day. 149. April thirteenth for commemoration of Thomas Jefferson's birth. 150. April as Cancer Control Month. 151. August nineteenth as Aviation Day. 151a. December seventeenth as Pan American Aviation Day. 152. Repealed. 153. Citizenship Day; designation; proclamation; observance. 154. Address to newly naturalized citizens. 155. National Disability Employment Awareness Month. 155a. President's Committee on Employment of People With Disabilities; authorization of appropriations. 155b. Acceptance of voluntary services, gifts, devises, bequests, etc., by President's Committee on Employment of People With Disabilities. 156. National Freedom Day. 157. Flag Day; designation; proclamation; observance. 157a. National Flag Week. 157b. Honor America Days. 158. Stephen Foster Memorial Day. 159. Constitution Week; designation; proclamation; observance. 160. National Defense Transportation Day; proclamation; designation; observance. 161. National Safe Boating Week. 162. Loyalty Day. 163. National Forest Products Week. 164. Law Day, U.S.A.; designation; proclamation; observance. 165. National Poison Prevention Week. 166. National Transportation Week. 167. Peace Officers Memorial Day. 168. National School Lunch Week. 169. Wright Brothers Day. 169a. Save Your Vision Week. 169b. American Heart Month. 169c. Leif Erikson Day. 169d. White Cane Safety Day. 169e. Steelmark Month. 169f. National Hispanic Heritage Month. 169g. Memorial Day as day of prayer for permanent peace. 169h. National Day of Prayer. 169i. Federal Lands Cleanup Day; designation, observation, etc. 169i-1. Federal participation in Federal Lands Cleanup Day. (a) Federal land management agencies; duties; definition. (b) Objectives; cooperation with State, county, and local agencies. (c) Report to Congress. 169j. Martin Luther King, Jr., Federal legal holiday. 169j-1. Martin Luther King, Jr. Federal Holiday Commission. 169j-2. Purposes of Martin Luther King, Jr. Federal Holiday Commission. 169j-3. Membership of Martin Luther King, Jr. Federal Holiday Commission. (a) Composition. (b) Political party. (c) Appointments; vacancies. (d) Compensation. 169j-4. Operations of Martin Luther King, Jr. Federal Holiday Commission. (a) Meetings. (b) Donations. 169j-5. Activities of Martin Luther King, Jr. Federal Holiday Commission. (a) Director and staff. (b) Assistance and cooperation of Federal agencies. (c) Restrictions on Commission activities. 169j-6. Authorization of appropriations. 169j-7. Annual report of Martin Luther King, Jr. Federal Holiday Commission. 169j-8. Continuation of existence of Martin Luther King, Jr. Federal Holiday Commission. -EXEC- PROC. NO. 4411. THE BICENTENNIAL YEAR Proc. No. 4411, Dec. 31, 1975, 41 F.R. 1035, provided: In the year 1776, the people of our land dedicated themselves in word and deed to the principles of liberty, equality, individual dignity, and representative government. It was a hectic but heroic beginning of a process which led to the creation of a great Republic symbolizing then, as it does today, the hope of the future. The year 1776 was a year of revolution, not merely in the rejection of colonial rule, but in the thoughtful, eloquent, and enduring expression of a government to foster and perpetuate the development of a free and independent people. Now, two hundred years later, we have settled our continent and turned our vision to the limits of the universe. We are the richest nation in the world - rich in our resources, rich in our creativity, rich in our strength, and rich in our people - from our Native Americans to those who have come from every country on earth to share in the hope, the work, and the spirit of our Republic. The challenges faced by our forebears were not only to their physical capabilities but also to their faith in the future. Their response to these challenges affirmed their deep belief that by their actions they could create a better world for themselves and those that would follow. As we enter America's third century, let us emulate in word and deed, their resolve and vision. NOW, THEREFORE, I, GERALD R. FORD, President of the United States of America, do hereby proclaim the year of our Lord nineteen hundred seventy-six as The Bicentennial Year. Let 1976 be a year of reflection, a year of sharing, and foremost, a year of achievement. I urge all Americans to reflect, from time to time during this Bicentennial Year, on the historic events of our past, on the heroic deeds of those whose legacy we now enjoy, and on the compelling visions of those who helped shape our constitutional government. I call upon educators, clergy and labor, business and community leaders, as well as those in the communications media, to review our history and publicize the shaping events, people, and ideas of our historic beginnings. I call upon every man, woman, and child to celebrate the diversity of tradition, culture and heritage that reflects our people and our patrimony. Let each of us resolve to cherish and protect what we have achieved in the United States of America and to build upon it in the years ahead, not by words alone, but by actions which bespeak a continuing commitment to a heritage of individual initiative, creativity, and liberty. IN WITNESS WHEREOF, I have hereunto set my hand this thirty-first day of December, in the year of our Lord nineteen hundred and seventy-five, and of the Independence of the United States of America the two hundredth. Gerald R. Ford. PROC. NO. 4934. ARMED FORCES DAY Proc. No. 4934, Apr. 16, 1982, 47 F.R. 16767, provided: Each year we Americans set aside one day to honor the brave and dedicated men and women of the Army, Navy, Air Force, Marine Corps and Coast Guard. They serve our nation with dignity, courage, and pride in duty stations throughout the world. The peace we enjoy today reminds us of their important role. NOW, THEREFORE, I, RONALD REAGAN, President of the United States of America and Commander in Chief of the Armed Forces of the United States, continuing the precedent of my seven immediate predecessors in this Office, do hereby proclaim the third Saturday of each May as Armed Forces Day. I direct the Secretary of Defense on behalf of the Army, the Navy, the Air Force, and the Marine Corps, and the Secretary of Transportation on behalf of the Coast Guard, to plan for appropriate observances each year, with the Secretary of Defense responsible for soliciting the participation and cooperation of civil authorities and private citizens. I invite the Governors of the States, the Commonwealth of Puerto Rico, and other areas subject to the jurisdiction of the United States, to provide for the observance of Armed Forces Day within their jurisdiction each year in an appropriate manner designed to increase public understanding and appreciation of the Armed Forces of the United States. I also invite national and local veterans, civic and other organizations to join in the observance of Armed Forces Day each year. I call upon all Americans not only to display the flag of the United States at their homes on Armed Forces Day, but also to learn about our system of defense, and about the men and women who sustain it, by attending and participating in the local observances of the day. Proclamation 4571 of May 15, 1978, is hereby superseded. IN WITNESS WHEREOF, I have hereunto set my hand this 16th day of April, in the year of our Lord nineteen hundred and eighty-two and of the Independence of the United States of America the two hundred and sixth. Ronald Reagan. PRIOR PROCLAMATIONS Proc. No. 3172, Mar. 6, 1957, 22 F.R. 1427, which proclaimed Armed Forces Day as third Saturday of May in each year, was superseded by Proc. No. 3655, May 7, 1965, 30 F.R. 6467. Proc. No. 3399, Mar. 22, 1961, 26 F.R. 2501, which proclaimed Armed Forces Day, was superseded by Proc. No. 3655, May 7, 1965, 30 F.R. 6467. Proc. No. 3655, May 7, 1965, 30 F.R. 6467, which proclaimed Armed Forces Day as third Saturday of May in each year, was superseded by Proc. No. 4276, Mar. 21, 1974, 39 F.R. 10877. Proc. No. 4276, Mar. 21, 1974, 39 F.R. 10877, which proclaimed Armed Forces Day as third Saturday of May in each year, was superseded by Proc. No. 4357, Mar. 25, 1975, 40 F.R. 13293. Proc. No. 4357, Mar. 25, 1975, 40 F.R. 13293, which proclaimed Armed Forces Day as third Saturday of May in each year was superseded by Proc. No. 4492, Mar. 22, 1977, 42 F.R. 15889. Proc. No. 4492, Mar. 22, 1977, 42 F.R. 15889, which proclaimed Armed Forces Day as third Saturday of May in each year, was superseded by Proc. No. 4571, May 15, 1978, 43 F.R. 21313. Proc. No. 4571, May 15, 1978, 43 F.R. 21313, which proclaimed Armed Forces Day as third Saturday of May in each year, was superseded by Proc. No. 4934, Apr. 16, 1982, 47 F.R. 16767. -CROSS- CROSS REFERENCES Legal holidays, see section 6103 of Title 5, Government Organization and Employees. Occasions for display of flag, see section 174 of this title. ------DocID 41337 Document 250 of 1444------ -CITE- 36 USC Sec. 141 -EXPCITE- TITLE 36 CHAPTER 9 -HEAD- Sec. 141. Display of flag on buildings on second Sunday in May -STATUTE- The President of the United States is authorized and requested to issue a proclamation calling upon the Government officials to display the United States flag on all Government buildings, and the people of the United States to display the flag at their homes or other suitable places, on the second Sunday in May, as a public expression of our love and reverence for the mothers of our country. -SOURCE- (May 8, 1914, No. 13, Sec. 1, 38 Stat. 771.) -CROSS- CROSS REFERENCES Legal holidays, see section 6103 of Title 5, Government Organization and Employees. Occasions for display of flag, see section 174 of this title. ------DocID 41338 Document 251 of 1444------ -CITE- 36 USC Sec. 142 -EXPCITE- TITLE 36 CHAPTER 9 -HEAD- Sec. 142. Second Sunday in May designated as Mother's Day -STATUTE- The second Sunday in May shall hereafter be designated and known as Mother's Day, and it shall be the duty of the President to request its observance as provided for in this resolution. -SOURCE- (May 8, 1914, No. 13, Sec. 2, 38 Stat. 771.) ------DocID 41339 Document 252 of 1444------ -CITE- 36 USC Sec. 142a -EXPCITE- TITLE 36 CHAPTER 9 -HEAD- Sec. 142a. Third Sunday in June designated as Father's Day; display of flags on buildings; observance -STATUTE- The third Sunday in June of each year is hereby designated as 'Father's Day'. The President is authorized and requested to issue a proclamation calling on the appropriate Government officials to display the flag of the United States on all Government buildings on such day, inviting the governments of the States and communities and the people of the United States to observe such day with appropriate ceremonies, and urging our people to offer public and private expressions of such day to the abiding love and gratitude which they bear for their fathers. -SOURCE- (Pub. L. 92-278, Apr. 24, 1972, 86 Stat. 124.) ------DocID 41340 Document 253 of 1444------ -CITE- 36 USC Sec. 142b -EXPCITE- TITLE 36 CHAPTER 9 -HEAD- Sec. 142b. National Grandparents Day; proclamation, designation; observance -STATUTE- The President is authorized and requested to issue a proclamation designating the first Sunday of September after Labor Day as 'National Grandparents Day', and calling upon the people of the United States and interested groups and organizations to observe such day with appropriate ceremonies and activities. -SOURCE- (Pub. L. 96-62, Sept. 6, 1979, 93 Stat. 410.) ------DocID 41341 Document 254 of 1444------ -CITE- 36 USC Sec. 143 -EXPCITE- TITLE 36 CHAPTER 9 -HEAD- Sec. 143. First Monday in October designated as Child Health Day -STATUTE- The President of the United States is authorized and requested to issue annually a proclamation setting apart the first Monday in October of each year as Child Health Day and inviting all agencies and organizations interested in child welfare to unite upon that day in the observance of such exercises as will awaken the people of the Nation to the fundamental necessity of a year-round program for the protection and development of the health of the Nation's children. -SOURCE- (May 18, 1928, ch. 643, 45 Stat. 617; Sept. 22, 1959, Pub. L. 86-352, 73 Stat. 627.) -MISC1- AMENDMENTS 1959 - Pub. L. 86-352 substituted 'the first Monday in October' for 'May 1'. EFFECTIVE DATE OF 1959 AMENDMENT Pub. L. 86-352 provided in part that amendment by Pub. L. 86-352 should be effective Jan. 1, 1960. ------DocID 41342 Document 255 of 1444------ -CITE- 36 USC Sec. 144 -EXPCITE- TITLE 36 CHAPTER 9 -HEAD- Sec. 144. Transferred -COD- CODIFICATION Section, act Mar. 3, 1931, ch. 436, 46 Stat. 1508, which designated 'The Star-Spangled Banner' as the national anthem of the United States, was transferred to section 170 of this title. ------DocID 41343 Document 256 of 1444------ -CITE- 36 USC Sec. 145 -EXPCITE- TITLE 36 CHAPTER 9 -HEAD- Sec. 145. May twenty-second designated as National Maritime Day -STATUTE- May 22 of each year shall hereafter be designated and known as National Maritime Day, and the President is authorized and requested annually to issue a proclamation calling upon the people of the United States to observe such National Maritime Day by displaying the flag at their homes or other suitable places and Government officials to display the flag on all Government buildings on May 22 of each year. -SOURCE- (May 20, 1933, ch. 36, 48 Stat. 73.) -CROSS- CROSS REFERENCES Occasions for display of flag, see section 174 of this title. ------DocID 41344 Document 257 of 1444------ -CITE- 36 USC Sec. 146 -EXPCITE- TITLE 36 CHAPTER 9 -HEAD- Sec. 146. Second Monday in October as Columbus Day -STATUTE- The President of the United States is authorized and requested to issue a proclamation designating the second Monday in October of each year as Columbus Day and calling upon officials of the Government to display the flag of the United States on all Government buildings on said date and inviting the people of the United States to observe the day in schools and churches, or other suitable places, with appropriate ceremonies expressive of the public sentiment befitting the anniversary of the discovery of America. -SOURCE- (Apr. 30, 1934, ch. 184, 48 Stat. 657; June 28, 1968, Pub. L. 90-363, Sec. 1(b), 82 Stat. 250.) -COD- CODIFICATION References to the second Monday in October were substituted for references to October 12, effective Jan. 1, 1971, pursuant to section 1(b) of Pub. L. 90-363 which is set out as a note captioned 'References in Laws of the United States to Observances of Legal Public Holidays' under section 6103 of Title 5, Government Organization and Employees. -MISC3- CHRISTOPHER COLUMBUS QUINCENTENARY JUBILEE ACT Pub. L. 98-375, Aug. 7, 1984, 98 Stat. 1257, as amended by Pub. L. 100-94, Aug. 18, 1987, 101 Stat. 700, provided for creation of Christopher Columbus Quincentenary Jubilee Commission, a 30-member commission appointed by the President, which was to prepare a comprehensive program for commemorating the quincentennial of the voyages of discovery of Columbus and to plan, encourage, coordinate, and conduct observances and activities. The Commission would submit a final report to Congress no later than Dec. 31, 1993, and would terminate as of that date. -CROSS- CROSS REFERENCES Occasions for display of flag, see section 174 of this title. ------DocID 41345 Document 258 of 1444------ -CITE- 36 USC Sec. 147 -EXPCITE- TITLE 36 CHAPTER 9 -HEAD- Sec. 147. Display of flag on buildings on last Sunday in September -STATUTE- The President of the United States is authorized and requested to issue a proclamation calling upon the Government officials to display the United States flag on all Government buildings, and the people of the United States to display the flag and to hold appropriate meetings at their homes, churches, or other suitable places, on the last Sunday in September, as a public expression of the love, sorrow, and reverence of the people of the United States for the American Gold Star Mothers. -SOURCE- (June 23, 1936, ch. 736, Sec. 1, 49 Stat. 1895.) -CROSS- CROSS REFERENCES Occasions for display of flag, see section 174 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 148 of this title. ------DocID 41346 Document 259 of 1444------ -CITE- 36 USC Sec. 148 -EXPCITE- TITLE 36 CHAPTER 9 -HEAD- Sec. 148. Last Sunday in September designated as Gold Star Mother's Day -STATUTE- The last Sunday in September shall be designated and known as 'Gold Star Mother's Day', and it shall be the duty of the President to request its observance as provided for in section 147 of this title. -SOURCE- (June 23, 1936, ch. 736, Sec. 2, 49 Stat. 1895.) ------DocID 41347 Document 260 of 1444------ -CITE- 36 USC Sec. 149 -EXPCITE- TITLE 36 CHAPTER 9 -HEAD- Sec. 149. April thirteenth for commemoration of Thomas Jefferson's birth -STATUTE- The President of the United States of America is authorized and directed to issue a proclamation calling upon officials of the Government to display the flag of the United States on all Government buildings on April 13 of each year, and inviting the people of the United States to observe the day in schools and churches, or other suitable places, with appropriate ceremonies in commemoration of the birth of Thomas Jefferson. -SOURCE- (Aug. 16, 1937, ch. 666, 50 Stat. 668.) -MISC1- BICENTENNIAL CELEBRATION OF BIRTH OF JEFFERSON The Thomas Jefferson Bicentennial Commission was created by act Sept. 24, 1940, ch. 730, 54 Stat. 960, and vested with authority to make plans for the celebration in 1943 of the two-hundredth anniversary of the birth of Thomas Jefferson, and these powers were further extended by act July 30, 1942, ch. 537, 56 Stat. 728. The National Agricultural Jefferson Bicentenary Committee was created and appointed to carry out appropriate exercises in recognition of Jefferson's contributions to the farmers and the agriculture of the Nation by act Dec. 3, 1943, ch. 333, 57 Stat. 595. -CROSS- CROSS REFERENCES Occasions for display of flag, see section 174 of this title. ------DocID 41348 Document 261 of 1444------ -CITE- 36 USC Sec. 150 -EXPCITE- TITLE 36 CHAPTER 9 -HEAD- Sec. 150. April as Cancer Control Month -STATUTE- The President of the United States is authorized and requested to issue annually a proclamation setting apart the month of April of each year as Cancer Control Month and to invite annually the Governors of the several States and Territories and possessions of the United States to issue proclamations for like purposes. It is requested that such proclamations invite the medical profession, the press, and all agencies and individuals interested in a national program for the control of the disease of cancer by education and other cooperative means to unite during the month in a public dedication to such a program and in a concerted effort to impress upon the people of the Nation the necessity of such a program. -SOURCE- (Mar. 28, 1938, ch. 56, 52 Stat. 148.) ------DocID 41349 Document 262 of 1444------ -CITE- 36 USC Sec. 151 -EXPCITE- TITLE 36 CHAPTER 9 -HEAD- Sec. 151. August nineteenth as Aviation Day -STATUTE- The President of the United States is authorized to designate August 19 of each year as National Aviation Day, and to issue a proclamation calling upon officials of the Government to display the flag of the United States on all Government buildings on that day, and inviting the people of the United States to observe the day with appropriate exercises to further and stimulate interest in aviation in the United States. -SOURCE- (May 11, 1939, ch. 123, 53 Stat. 739.) -CROSS- CROSS REFERENCES Occasions for display of flag, see section 174 of this title. ------DocID 41350 Document 263 of 1444------ -CITE- 36 USC Sec. 151a -EXPCITE- TITLE 36 CHAPTER 9 -HEAD- Sec. 151a. December seventeenth as Pan American Aviation Day -STATUTE- The President of the United States is authorized to designate December 17 of each year as Pan American Aviation Day and to issue a proclamation calling upon all officials of the Government, Governors of the fifty States, our possessions, and all citizens to participate in the observance of this day to further and stimulate interest in aviation in the American countries as an important stimulus to the further development or more rapid communications and a cultural development between the nations of the Western Hemisphere. -SOURCE- (Oct. 10, 1940, ch. 840. 54 Stat. 1093.) -COD- CODIFICATION The term 'fifty States' was in the original 'forty-eight States' and has been editorially substituted to reflect the admission into statehood of Alaska and Hawaii. ------DocID 41351 Document 264 of 1444------ -CITE- 36 USC Sec. 152 -EXPCITE- TITLE 36 CHAPTER 9 -HEAD- Sec. 152. Repealed. Feb. 29, 1952, ch. 49, Sec. 3, 66 Stat. 10 -MISC1- Section, act May 3, 1940, ch. 183, Sec. 1, 54 Stat. 178, designated 3d Sunday in May as Citizenship Day. See sections 153 and 154 of this title. ------DocID 41352 Document 265 of 1444------ -CITE- 36 USC Sec. 153 -EXPCITE- TITLE 36 CHAPTER 9 -HEAD- Sec. 153. Citizenship Day; designation; proclamation; observance -STATUTE- The 17th day of September of each year is designated as 'Citizenship Day' in commemoration of the formation and signing, on September 17, 1787, of the Constitution of the United States and in recognition of all who, by coming of age or by naturalization have attained the status of citizenship, and the President of the United States is authorized to issue annually a proclamation calling upon officials of the Government to display the flag of the United States on all Government buildings on such day, and inviting the people of the United States to observe the day in schools and churches, or other suitable places, with appropriate ceremonies. The civil and educational authorities of States, counties, cities, and towns be, and they are, urged to make plans for the proper observance of this day and for the full instruction of citizens in their responsibilities and opportunities as citizens of the United States and of the States and localities in which they reside. Nothing herein shall be construed as changing, or attempting to change, the time or mode of any of the many altogether commendable observances of similar nature now being held from time to time, or periodically, but, to the contrary, such practices are praised and encouraged. -SOURCE- (Feb. 29, 1952, ch. 49, Sec. 1, 66 Stat. 9.) -CROSS- CROSS REFERENCES Citizenship clause, see Const. Amend. 14, Sec. 1. Occasions for display of flag, see section 174 of this title. ------DocID 41353 Document 266 of 1444------ -CITE- 36 USC Sec. 154 -EXPCITE- TITLE 36 CHAPTER 9 -HEAD- Sec. 154. Address to newly naturalized citizens -STATUTE- Either at the time of the rendition of the decree of naturalization or at such other time as the judge may fix, the judge or someone designated by him shall address the newly naturalized citizen upon the form and genius of our Government and the privileges and responsibilities of citizenship; it being the intent and purpose of this section to enlist the aid of the judiciary, in cooperation with civil and educational authorities, and patriotic organizations in a continuous effort to dignify and emphasize the significance of citizenship. -SOURCE- (Feb. 29, 1952, ch. 49, Sec. 2, 66 Stat. 10.) -MISC1- PRIOR PROVISIONS Similar provisions were contained in act May 3, 1940, ch. 183, Sec. 2, 54 Stat. 178, which was classified to section 727a of Title 8, Aliens and Nationality, prior to repeal by act Feb. 29, 1952. -CROSS- CROSS REFERENCES Citizenship clause, see Const. Amend. 14, Sec. 1. ------DocID 41354 Document 267 of 1444------ -CITE- 36 USC Sec. 155 -EXPCITE- TITLE 36 CHAPTER 9 -HEAD- Sec. 155. National Disability Employment Awareness Month -STATUTE- Hereafter the month of October in each year shall be designated as National Disability Employment Awareness Month. During such month appropriate ceremonies shall be held throughout the Nation, the purposes of which will be to enlist public support for and interest in the employment of otherwise qualified but workers with disabilities. The President is hereby requested to issue a suitable proclamation each year, and the Governors of States, mayors of cities, and heads of other instrumentalities of government, as well as leaders of industry, educational and religious groups, labor, veterans, women, farm, scientific and professional, and all other organizations and individuals at interest are invited to participate. -SOURCE- (Aug. 11, 1945, ch. 363, 59 Stat. 530; Oct. 8, 1970, Pub. L. 91-442, 84 Stat. 914; Nov. 7, 1988, Pub. L. 100-630, title III, Sec. 301(a), 102 Stat. 3315.) -MISC1- AMENDMENTS 1988 - Pub. L. 100-630 substituted 'the month of October in' for 'the first week in October of', 'National Disability Employment Awareness Month' for 'National Employ the Handicapped Week', 'such month' for 'such week', and 'workers with disabilities' for 'handicapped workers'. 1970 - Pub. L. 91-442 changed the designation 'National Employ the Physically Handicapped Week' to 'National Employ the Handicapped Week' and changed the purposes from enlisting public support for and interest in the employment of otherwise qualified but physically handicapped workers to enlisting public support for and interest in the employment of otherwise qualified but handicapped workers. ------DocID 41355 Document 268 of 1444------ -CITE- 36 USC Sec. 155a -EXPCITE- TITLE 36 CHAPTER 9 -HEAD- Sec. 155a. President's Committee on Employment of People With Disabilities; authorization of appropriations -STATUTE- In order to effectuate the purposes of National Disability Employment Awareness Month and in order to enable the President to provide the President's Committee on Employment of People With Disabilities with adequate personnel to assist in its activities, and otherwise to provide the committee with the means of carrying out a program to promote the employment of handicapped persons, by creating Nationwide interest in the rehabilitation and employment of the handicapped and by obtaining and maintaining cooperation from all public and private groups in the field, there is hereby authorized to be appropriated for each of the fiscal years 1987, 1988, 1989, 1990, and 1991, such sums as may be necessary to be expended in such manner and by such agencies as the President may direct, for the work of the President's Committee on Employment of People With Disabilities. The President's Committee on Employment of the Handicapped (FOOTNOTE 1) shall be guided by the general policies of the National Council on the Handicapped. (FOOTNOTE 1) (FOOTNOTE 1) See Change of Name note below. -SOURCE- (July 11, 1949, ch. 302, Sec. 1, 63 Stat. 409; Aug. 3, 1954, ch. 655, Sec. 5, 68 Stat. 665; Sept. 13, 1960, Pub. L. 86-772, 74 Stat. 913; June 24, 1964, Pub. L. 88-321, 78 Stat. 221; Nov. 8, 1965, Pub. L. 89-333, Sec. 14, 79 Stat. 1294; July 7, 1968, Pub. L. 90-391, Sec. 14, 82 Stat. 306; Oct. 21, 1986, Pub. L. 99-506, title IX, Sec. 902, 100 Stat. 1841; Nov. 7, 1988, Pub. L. 100-630, title III, Sec. 301(b)(1), (2), 102 Stat. 3316.) -MISC1- AMENDMENTS 1988 - Pub. L. 100-630 substituted 'National Disability Employment Awareness Month' for 'National Employ the Physically Handicapped Week' and substituted 'President's Committee on Employment of People With Disabilities' for 'President's Committee on National Employ the Physically Handicapped Week' in two places. 1986 - Pub. L. 99-506 substituted 'for each of the fiscal years 1987, 1988, 1989, 1990, and 1991, such sums as may be necessary' for 'annually, out of any money in the Treasury not otherwise appropriated, not to exceed the sum of $1,000,000' and inserted at end 'The President's Committee on Employment of the Handicapped shall be guided by the general policies of the National Council on the Handicapped.' 1968 - Pub. L. 90-391 substituted 'employment of handicapped persons' for 'employment of physically handicapped persons' and '$1,000,000' for '$500,000'. 1965 - Pub. L. 89-333 substituted '$500,000' for '$400,000'. 1964 - Pub. L. 88-321 substituted '$400,000' for '$300,000'. 1960 - Pub. L. 86-772 substituted '$300,000' for '$225,000'. 1954 - Act Aug. 3, 1954, substituted '$225,000' for '$75,000'. -CHANGE- CHANGE OF NAME Ex. Ord. No. 11480, Sept. 9, 1969, 34 F.R. 14273, as amended, which established and provided for the functions of the President's Committee on Employment of the Handicapped, was superseded by Ex. Ord. No. 12640, May 10, 1988, 53 F.R. 16996, set out as a note under section 791 of Title 29, Labor, which established the President's Committee on Employment of People With Disabilities, and on May 10, 1988, all members, employees, records, property, funds, and pending business of the President's Committee on Employment of the Handicapped became members, employees, records, property, funds, and pending business of the President's Committee on Employment of People With Disabilities. The National Council on the Handicapped was established by section 780 of Title 29 and was redesignated the National Council on Disability by an amendment to that section by Pub. L. 100-630, title II, Sec. 205(b), Nov. 7, 1988, 102 Stat. 3310. -MISC4- EFFECTIVE DATE OF 1954 AMENDMENT Amendment by act Aug. 3, 1954, effective July 1, 1954, see section 8 of act Aug. 3, 1954, set out as a note under section 49b of Title 29, Labor. ------DocID 41356 Document 269 of 1444------ -CITE- 36 USC Sec. 155b -EXPCITE- TITLE 36 CHAPTER 9 -HEAD- Sec. 155b. Acceptance of voluntary services, gifts, devises, bequests, etc., by President's Committee on Employment of People With Disabilities -STATUTE- The President's Committee on Employment of People With Disabilities may - (1) accept voluntary and uncompensated services, notwithstanding the provisions of section 1342 of title 31; and (2) in the name of the Committee, accept, employ, and dispose of, in furtherance of this resolution, any money or property, real, personal, or mixed, tangible or nontangible, received by gift, devise, bequest, or otherwise. -SOURCE- (July 11, 1949, ch. 302, Sec. 2, as added Nov. 7, 1988, Pub. L. 100-630, title III, Sec. 301(b)(3), 102 Stat. 3316.) ------DocID 41357 Document 270 of 1444------ -CITE- 36 USC Sec. 156 -EXPCITE- TITLE 36 CHAPTER 9 -HEAD- Sec. 156. National Freedom Day -STATUTE- The President of the United States is authorized to issue a proclamation designating the 1st day of February of each year as National Freedom Day for the purpose of commemorating the signing by President Abraham Lincoln, on February 1, 1865, of the joint resolution adopted by the Senate and the House of Representatives of the United States, proposing the thirteenth amendment to the Constitution of the United States of America. -SOURCE- (June 30, 1948, ch. 755, 62 Stat. 1150.) ------DocID 41358 Document 271 of 1444------ -CITE- 36 USC Sec. 157 -EXPCITE- TITLE 36 CHAPTER 9 -HEAD- Sec. 157. Flag Day; designation; proclamation; observance -STATUTE- The 14th day of June of each year is hereby designated as 'Flag Day', and the President of the United States is authorized and requested to issue annually a proclamation calling upon officials of the Government to display the flag of the United States on all Government buildings on such day, and urging the people to observe the day as the anniversary of the adoption on June 14, 1777, by the Continental Congress of the Stars and Stripes as the official flag of the United States of America. -SOURCE- (Aug. 3, 1949, ch. 385, 63 Stat. 492.) ------DocID 41359 Document 272 of 1444------ -CITE- 36 USC Sec. 157a -EXPCITE- TITLE 36 CHAPTER 9 -HEAD- Sec. 157a. National Flag Week -STATUTE- The President is authorized and requested to issue annually a proclamation designating the week in which June 14 occurs as National Flag Week, and calling upon all citizens to display the flag of the United States on those days. -SOURCE- (Pub. L. 89-443, June 9, 1966, 80 Stat. 194.) ------DocID 41360 Document 273 of 1444------ -CITE- 36 USC Sec. 157b -EXPCITE- TITLE 36 CHAPTER 9 -HEAD- Sec. 157b. Honor America Days -STATUTE- Congress declares the twenty-one days from Flag Day through Independence Day as a period to honor America, and further declares that there be public gatherings and activities at which the people of the United States can celebrate and honor their country in an appropriate manner. -SOURCE- (Pub. L. 94-33, June 13, 1975, 89 Stat. 211.) ------DocID 41361 Document 274 of 1444------ -CITE- 36 USC Sec. 158 -EXPCITE- TITLE 36 CHAPTER 9 -HEAD- Sec. 158. Stephen Foster Memorial Day -STATUTE- The President of the United States is authorized to issue a proclamation designating January 13 of each year as Stephen Foster Memorial Day, and calling upon the people throughout the United States to observe such day with appropriate ceremonies, pilgrimages to his shrines, and musical programs featuring his compositions. -SOURCE- (Oct. 27, 1951, ch. 593, 65 Stat. 659.) ------DocID 41362 Document 275 of 1444------ -CITE- 36 USC Sec. 159 -EXPCITE- TITLE 36 CHAPTER 9 -HEAD- Sec. 159. Constitution Week; designation; proclamation; observance -STATUTE- The President of the United States is authorized and requested to designate the period beginning September 17 and ending September 23 of each year as Constitution Week, and to issue annually a proclamation inviting the people of the United States to observe such week in schools, churches, and other suitable places with appropriate ceremonies and activities. -SOURCE- (Aug. 2, 1956, ch. 875, 70 Stat. 932.) ------DocID 41363 Document 276 of 1444------ -CITE- 36 USC Sec. 160 -EXPCITE- TITLE 36 CHAPTER 9 -HEAD- Sec. 160. National Defense Transportation Day; proclamation; designation; observance -STATUTE- The President of the United States is authorized and requested annually to issue a proclamation designating the third Friday of May of each year as National Defense Transportation Day, and urging the people of the United States, including labor, management, users, and investors, in all communities served by any of the various forms of transportation by land, by sea, and by air, to observe this occasion by appropriate ceremonies which will give full recognition to the importance to each and every community and the people thereof of our transportation system and the maintenance of its facilities in the most modern state of adequacy to serve our needs in times of peace and in national defense. -SOURCE- (Pub. L. 85-32, May 16, 1957, 71 Stat. 30.) ------DocID 41364 Document 277 of 1444------ -CITE- 36 USC Sec. 161 -EXPCITE- TITLE 36 CHAPTER 9 -HEAD- Sec. 161. National Safe Boating Week -STATUTE- The President of the United States is authorized and requested to proclaim annually the week commencing on the first Sunday in June as 'National Safe Boating Week'. -SOURCE- (Pub. L. 85-445, June 4, 1958, 72 Stat. 179; Pub. L. 96-376, Sec. 9, Oct. 3, 1980, 94 Stat. 1510.) -MISC1- AMENDMENTS 1980 - Pub. L. 96-376 substituted authorization for proclamation of a National Safe Boating Week commencing on the first Sunday in June for prior authorization of such Week during week including July 4. RECITAL CLAUSES The Joint Resolution upon which this section is based contained several 'Whereas' clauses reading as follows: 'Whereas our people in increasing numbers are taking part in boating activities on the waters of our Nation, with more than twenty million expected to participate during 1958; and 'Whereas safety is essential for the full enjoyment of boating; and 'Whereas many lives can be spared and injuries and property damage avoided by safe boating practices; and 'Whereas it is proper and fitting that national attention should be focused on the need for safe boating practices * * *.' ------DocID 41365 Document 278 of 1444------ -CITE- 36 USC Sec. 162 -EXPCITE- TITLE 36 CHAPTER 9 -HEAD- Sec. 162. Loyalty Day -STATUTE- The 1st day of May of each year is designated as Loyalty Day and is to be set aside as a special day for the reaffirmation of loyalty to the United States of America and for the recognition of the heritage of American freedom; and the President of the United States is authorized and requested to issue a proclamation calling upon officials of the Government to display the flag of the United States on all Government buildings on such day and inviting the people of the United States to observe such day, in schools and other suitable places, with appropriate ceremonies. -SOURCE- (Pub. L. 85-529, July 18, 1958, 72 Stat. 369.) ------DocID 41366 Document 279 of 1444------ -CITE- 36 USC Sec. 163 -EXPCITE- TITLE 36 CHAPTER 9 -HEAD- Sec. 163. National Forest Products Week -STATUTE- The seven-day period beginning on the third Sunday of October in each year is designated as National Forest Products Week, and the President is requested to issue annually a proclamation calling upon the people of the United States to observe such week with appropriate ceremonies and activities. -SOURCE- (Pub. L. 86-753, Sept. 13, 1960, 74 Stat. 898.) ------DocID 41367 Document 280 of 1444------ -CITE- 36 USC Sec. 164 -EXPCITE- TITLE 36 CHAPTER 9 -HEAD- Sec. 164. Law Day, U.S.A.; designation; proclamation; observance -STATUTE- The first day of May of each year is hereby designated as Law Day, U.S.A. It is set aside as a special day of celebration by the American people in appreciation of their liberties and the reaffirmation of their loyalty to the United States of America; of their rededication to the ideals of equality and justice under law in their relations with each other as well as with other nations; and for the cultivation of that respect for law that is so vital to the democratic way of life. The President of the United States is authorized and requested to issue a proclamation calling upon all public officials to display the flag of the United States on all government buildings on such day and inviting the people of the United States to observe such day with suitable ceremonies and other appropriate ways, through public bodies and private organizations as well as in schools and other suitable places. -SOURCE- (Pub. L. 87-20, Apr. 7, 1961, 75 Stat. 43.) ------DocID 41368 Document 281 of 1444------ -CITE- 36 USC Sec. 165 -EXPCITE- TITLE 36 CHAPTER 9 -HEAD- Sec. 165. National Poison Prevention Week -STATUTE- The President is authorized and requested to issue annually a proclamation designating the third week in March as National Poison Prevention Week, to aid in encouraging the American people to learn of the dangers of accidental poisoning and to take such preventive measures as are warranted by the seriousness of the danger. -SOURCE- (Pub. L. 87-319, Sept. 26, 1961, 75 Stat. 681.) ------DocID 41369 Document 282 of 1444------ -CITE- 36 USC Sec. 166 -EXPCITE- TITLE 36 CHAPTER 9 -HEAD- Sec. 166. National Transportation Week -STATUTE- The President of the United States is requested and authorized to officially proclaim annually the week in May of each year in which falls the third Friday of that month as National Transportation Week, and to issue a proclamation inviting the people of the United States to observe such period with appropriate ceremonies and activities, as a tribute to the men and women who, night and day, move goods and people throughout our land. -SOURCE- (Pub. L. 87-449, May 14, 1962, 76 Stat. 69.) ------DocID 41370 Document 283 of 1444------ -CITE- 36 USC Sec. 167 -EXPCITE- TITLE 36 CHAPTER 9 -HEAD- Sec. 167. Peace Officers Memorial Day -STATUTE- The President is authorized and requested to issue proclamations (1) designating May 15 of each year as Peace Officers Memorial Day in honor of the Federal, State, and municipal officers who have been killed or disabled in the line of duty, (2) designating in each year the calendar week during which such May 15 occurs as Police Week, in recognition of the service given by the men and women who, night and day, stand guard in our midst to protect us through enforcement of our laws, and (3) inviting the governments of the States and communities and the people of the United States to observe such day and week with appropriate ceremonies and activities. -SOURCE- (Pub. L. 87-726, Oct. 1, 1962, 76 Stat. 676.) ------DocID 41371 Document 284 of 1444------ -CITE- 36 USC Sec. 168 -EXPCITE- TITLE 36 CHAPTER 9 -HEAD- Sec. 168. National School Lunch Week -STATUTE- The seven-day period beginning on the second Sunday of October in each year is designated as National School Lunch Week, and the President is requested to issue annually a proclamation calling on the people of the United States to observe such week with appropriate ceremonies and activities. -SOURCE- (Pub. L. 87-780, Oct. 9, 1962, 76 Stat. 779.) ------DocID 41372 Document 285 of 1444------ -CITE- 36 USC Sec. 169 -EXPCITE- TITLE 36 CHAPTER 9 -HEAD- Sec. 169. Wright Brothers Day -STATUTE- The 17th day of December of each year is hereby designated as 'Wright Brothers Day', in commemoration of the first successful flights in a heavier than air, mechanically propelled airplane, which were made by Orville and Wilbur Wright on December 17, 1903, near Kitty Hawk, North Carolina. The President is authorized and requested to issue annually a proclamation inviting the people of the United States to observe such day with appropriate ceremonies and activities. -SOURCE- (Pub. L. 88-209, Dec. 17, 1963, 77 Stat. 402.) ------DocID 41373 Document 286 of 1444------ -CITE- 36 USC Sec. 169a -EXPCITE- TITLE 36 CHAPTER 9 -HEAD- Sec. 169a. Save Your Vision Week -STATUTE- The President of the United States is authorized and requested to issue annually a proclamation designating the first week in March of each year as 'Save Your Vision Week', and inviting the Governors and mayors of State and local governments of the United States to issue similar proclamations. The President is further requested to consider including in such proclamation an invitation calling upon the press, radio, television, and other communications media, the health care professions and all other agencies and individuals concerned with programs for the improvement of vision to unite during such week in public activities to impress upon the people of the United States the importance of vision to their own welfare and that of our country, and to urge their support of programs to improve and protect the vision of Americans. -SOURCE- (Pub. L. 88-242, Dec. 30, 1963, 77 Stat. 629.) ------DocID 41374 Document 287 of 1444------ -CITE- 36 USC Sec. 169b -EXPCITE- TITLE 36 CHAPTER 9 -HEAD- Sec. 169b. American Heart Month -STATUTE- The President of the United States is authorized and requested to issue annually a proclamation (1) designating February as American Heart Month, (2) inviting the Governors of the States and territories of the United States to issue proclamations for like purposes, and (3) urging the people of the United States to give heed to the nationwide problem of the heart and blood vessel diseases, and to support all essential programs required to bring about its solution. -SOURCE- (Pub. L. 88-254, Dec. 30, 1963, 77 Stat. 843.) ------DocID 41375 Document 288 of 1444------ -CITE- 36 USC Sec. 169c -EXPCITE- TITLE 36 CHAPTER 9 -HEAD- Sec. 169c. Leif Erikson Day -STATUTE- The President of the United States is authorized to officially proclaim October 9 in each year as Leif Erikson Day. -SOURCE- (Pub. L. 88-566, Sept. 2, 1964, 78 Stat. 849.) ------DocID 41376 Document 289 of 1444------ -CITE- 36 USC Sec. 169d -EXPCITE- TITLE 36 CHAPTER 9 -HEAD- Sec. 169d. White Cane Safety Day -STATUTE- The President is hereby authorized to issue annually a proclamation designating October 15 as White Cane Safety Day and calling upon the people of the United States to observe such day with appropriate ceremonies and activities. -SOURCE- (Pub. L. 88-628, Oct. 6, 1964, 78 Stat. 1003.) ------DocID 41377 Document 290 of 1444------ -CITE- 36 USC Sec. 169e -EXPCITE- TITLE 36 CHAPTER 9 -HEAD- Sec. 169e. Steelmark Month -STATUTE- The month of May of each year is hereby designated as 'Steelmark Month' in recognition of the tremendous contribution made by the steel industry in the United States to the national security and defense of our country. The President is requested to issue a proclamation calling upon all people of the United States for the observance of such month with appropriate proceedings and ceremonies. -SOURCE- (Pub. L. 89-703, Nov. 2, 1966, 80 Stat. 1099.) ------DocID 41378 Document 291 of 1444------ -CITE- 36 USC Sec. 169f -EXPCITE- TITLE 36 CHAPTER 9 -HEAD- Sec. 169f. National Hispanic Heritage Month -STATUTE- The President is hereby authorized and requested to issue annually a proclamation designating the 31-day period beginning September 15 and ending on October 15 as 'National Hispanic Heritage Month' and calling upon the people of the United States, especially the educational community, to observe such month with appropriate ceremonies and activities. -SOURCE- (Pub. L. 90-498, Sept. 17, 1968, 82 Stat. 848; Pub. L. 100-402, Sec. 1, Aug. 17, 1988, 102 Stat. 1012.) -MISC1- AMENDMENTS 1988 - Pub. L. 100-402 substituted '31-day period beginning September 15 and ending on October 15' for 'week including September 15 and 16', 'Heritage Month' for 'Heritage Week', and 'such month' for 'such week'. EFFECTIVE DATE OF 1988 AMENDMENT Section 2 of Pub. L. 100-402 provided that: 'The amendments made by section 1 (amending this section) shall take effect on January 1 of the first year beginning after the date of the enactment of this Act (Aug. 17, 1988).' ------DocID 41379 Document 292 of 1444------ -CITE- 36 USC Sec. 169g -EXPCITE- TITLE 36 CHAPTER 9 -HEAD- Sec. 169g. Memorial Day as day of prayer for permanent peace -STATUTE- The President is authorized and requested to issue a proclamation calling upon the people of the United States to observe each May 30, Memorial Day, by praying, each in accordance with his religious faith, for permanent peace; designating a period during such day in which all the people of the United States may unite in prayer for a permanent peace; calling upon all the people of the United States to unite in prayer at such time; and calling upon the newspapers, radio stations, and all other mediums of information to join in observing such day and period of prayer. -SOURCE- (May 11, 1950, ch. 182, 64 Stat. 158.) ------DocID 41380 Document 293 of 1444------ -CITE- 36 USC Sec. 169h -EXPCITE- TITLE 36 CHAPTER 9 -HEAD- Sec. 169h. National Day of Prayer -STATUTE- The President shall set aside and proclaim the first Thursday in May in each year as a National Day of Prayer, on which the people of the United States may turn to God in prayer and meditation at churches, in groups, and as individuals. -SOURCE- (Apr. 17, 1952, ch. 216, 66 Stat. 64; May 5, 1988, Pub. L. 100-307, 102 Stat. 456.) -COD- CODIFICATION Section was formerly classified to section 185 of this title. -MISC3- AMENDMENTS 1988 - Pub. L. 100-307 substituted 'the first Thursday in May in each year' for 'a suitable day each year, other than a Sunday,'. ------DocID 41381 Document 294 of 1444------ -CITE- 36 USC Sec. 169i -EXPCITE- TITLE 36 CHAPTER 9 -HEAD- Sec. 169i. Federal Lands Cleanup Day; designation, observation, etc. -STATUTE- The first Saturday after Labor Day of each year is designated as 'Federal Lands Cleanup Day'. The President shall issue a proclamation calling upon the people of the United States to observe Federal Lands Cleanup Day with appropriate ceremonies, programs, and activities: Provided, however, That the activities associated with Federal Lands Cleanup Day may be undertaken in individual States on a day other than the first Saturday after Labor Day if the affected Federal land managers determine that because of climatological or other factors, an alternative date is more appropriate. -SOURCE- (Pub. L. 99-402, Sec. 3, Aug. 27, 1986, 100 Stat. 910.) -MISC1- SHORT TITLE Section 1 of Pub. L. 99-402 provided that: 'This Act (enacting this section and section 169i-1 of this title and provisions set out as a note below) may be cited as the 'Federal Lands Cleanup Act of 1985'.' CONGRESSIONAL FINDINGS Section 2 of Pub. L. 99-402 provided that: 'Congress finds that - '(1) Federal lands, parks, recreation areas, and waterways provide recreational opportunities for millions of Americans each year; '(2) the Federal lands administered by the several Federal land management agencies contain valuable wildlife, scenery, natural and historic features, and other resources which may be damaged by litter and misuse; '(3) it is in the best interest of our country and its citizens to maintain and preserve the beauty, safety, and availability of these Federal lands; '(4) these land management agencies have been designated as the caretakers of these Federal lands and have been given the responsibility for maintaining and preserving these areas and facilities; '(5) there is great value in volunteer involvement in maintaining and preserving Federal lands for recreational use; '(6) the Federal land management agencies should be concerned with promoting a sense of pride and ownership among citizens toward these lands; '(7) the use of citizen volunteers in a national cleanup effort promotes these goals and encourages the thoughtful use of these Federal lands and facilities; '(8) the positive impact of annual cleanup events held at various recreation sites has already been proven by steadily declining levels of litter at these sites; and '(9) a national program for cleaning and maintaining Federal lands using volunteers will save millions of tax dollars.' ------DocID 41382 Document 295 of 1444------ -CITE- 36 USC Sec. 169i-1 -EXPCITE- TITLE 36 CHAPTER 9 -HEAD- Sec. 169i-1. Federal participation in Federal Lands Cleanup Day -STATUTE- (a) Federal land management agencies; duties; definition (1) In order to observe Federal Lands Cleanup Day at the Federal level, each Federal land management agency shall organize, coordinate, and participate with citizen volunteers and State and local agencies in cleaning and providing for the maintenance of Federal public lands, recreation areas, and waterways within the jurisdiction of such agency. (2) For purposes of this Act, the term 'Federal land management agency' shall include - (A) the Forest Service of the Department of Agriculture; (B) the Bureau of Land Management of the Department of the Interior; (C) the National Park Service of the Department of the Interior; (D) the Fish and Wildlife Service of the Department of the Interior; (E) the Bureau of Reclamation of the Department of the Interior; and (F) the Army Corps of Engineers. (b) Objectives; cooperation with State, county, and local agencies Each Federal land management agency shall plan for and carry out activities on Federal Lands National Cleanup Day which - (1) encourage continuing public and private sector cooperation in preserving the beauty and safety of areas within the jurisdiction of such agency; (2) increase citizens' sense of ownership and community pride in such areas; (3) reduce litter on Federal lands, along trails and waterways, and within such areas; and (4) maintain and improve trails, recreation areas, waterways and facilities. Such activities shall be held in cooperation with appropriate State, county, and local government agencies. (c) Report to Congress (1) Within ninety days following the first Federal Lands Cleanup Day occurring after August 27, 1986, each Federal land management agency shall provide a summary report to Congress briefly outlining the types of activities undertaken; the sites involved; the nature and extent of the volunteer involvement; the cost savings realized from the program and the overall success of such agency in observing Federal Lands Cleanup Day. (2) Such reporting requirements shall remain in effect for two years after the submission of the first report. -SOURCE- (Pub. L. 99-402, Sec. 4, Aug. 27, 1986, 100 Stat. 911.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in subsec. (a)(2), is Pub. L. 99-402, Aug. 27, 1986, 100 Stat. 910, known as the Federal Lands Cleanup Act of 1985, which enacted this section and section 169i of this title and provisions set out as notes under section 169i of this title. For complete classification of this Act to the Code, see Short Title note set out under section 169i of this title and Tables. ------DocID 41383 Document 296 of 1444------ -CITE- 36 USC Sec. 169j -EXPCITE- TITLE 36 CHAPTER 9 -HEAD- Sec. 169j. Martin Luther King, Jr., Federal legal holiday -STATUTE- The Congress finds that - (1) January 20, 1986, marks the first observance of the Federal legal holiday, established by Public Law 98-144, honoring the birthday of Martin Luther King, Jr.; (2) such holiday should serve as a time for Americans to reflect on the principles of racial equality and nonviolent social change espoused by Martin Luther King, Jr.; and (3) it is appropriate for the Federal Government to coordinate efforts with Americans of diverse backgrounds and with private organizations in the observance of the Federal legal holiday honoring Martin Luther King, Jr. -SOURCE- (Pub. L. 98-399, Sec. 1, Aug. 27, 1984, 98 Stat. 1473; Pub. L. 101-30, Sec. 2(b)(1), May 17, 1989, 103 Stat. 60.) -REFTEXT- REFERENCES IN TEXT Public Law 98-144, referred to in par. (1), is Pub. L. 98-144, Nov. 2, 1983, 97 Stat. 917, which amended section 6103 of Title 5, Government Organization and Employees, and enacted provisions set out as a note under section 6103 of Title 5. For complete classification of this Act to the Code, see Tables. -MISC2- AMENDMENTS 1989 - Par. (3). Pub. L. 101-30 struck out 'first' before 'observance'. SHORT TITLE OF 1989 AMENDMENT Section 1 of Pub. L. 101-30 provided that: 'This Act (amending this section and sections 169j-2 to 169j-8 of this title and enacting provisions set out as notes under sections 169j-3 and 169j-8 of this title) may be cited as the 'Martin Luther King, Jr., Federal Holiday Commission Extension Act'.' ------DocID 41384 Document 297 of 1444------ -CITE- 36 USC Sec. 169j-1 -EXPCITE- TITLE 36 CHAPTER 9 -HEAD- Sec. 169j-1. Martin Luther King, Jr. Federal Holiday Commission -STATUTE- There is established a commission to be known as the Martin Luther King, Jr. Federal Holiday Commission (hereinafter in this Act referred to as the 'Commission'). -SOURCE- (Pub. L. 98-399, Sec. 2, Aug. 27, 1984, 98 Stat. 1473.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in text, is Pub. L. 98-399, Aug. 27, 1984, 98 Stat. 1473, as amended, which enacted sections 169j to 169j-8 of this title. For complete classification of this Act to the Code, see Tables. ------DocID 41385 Document 298 of 1444------ -CITE- 36 USC Sec. 169j-2 -EXPCITE- TITLE 36 CHAPTER 9 -HEAD- Sec. 169j-2. Purposes of Martin Luther King, Jr. Federal Holiday Commission -STATUTE- The purposes of the Commission are - (1) to encourage appropriate ceremonies and activities throughout the United States relating to the observance of the Federal legal holiday honoring Martin Luther King, Jr., which occurs on the third Monday in January each year; and (2) to provide advice and assistance to Federal, State, and local governments and to private organizations with respect to the observance of such holiday. -SOURCE- (Pub. L. 98-399, Sec. 3, Aug. 27, 1984, 98 Stat. 1473; Pub. L. 99-284, Sec. 1(a), May 1, 1986, 100 Stat. 406; Pub. L. 101-30, Sec. 2(b)(2), May 17, 1989, 103 Stat. 60.) -MISC1- AMENDMENTS 1989 - Par. (1). Pub. L. 101-30 substituted 'occurs on the third Monday in January each year' for 'first occurs on January 20, 1986'. 1986 - Par. (1). Pub. L. 99-284 substituted 'the observance' and 'which first occurs' for 'the first observance' and 'which occurs', respectively. ------DocID 41386 Document 299 of 1444------ -CITE- 36 USC Sec. 169j-3 -EXPCITE- TITLE 36 CHAPTER 9 -HEAD- Sec. 169j-3. Membership of Martin Luther King, Jr. Federal Holiday Commission -STATUTE- (a) Composition The Commission shall be composed of - (1) four officers from the executive branch, appointed by the President; (2) four Members of the House of Representatives, appointed by the Speaker of the House of Representatives in consultation with the minority leader of the House of Representatives; (3) four Senators, appointed by the President pro tempore of the Senate in consultation with the majority and minority leaders of the Senate; (4) Coretta Scott King and two other members of the family surviving Martin Luther King, Jr., appointed by such family; (5) two individuals representing the Martin Luther King, Jr. Center for Non-Violent Social Change (a not-for-profit organization incorporated in the State of Georgia), appointed by such organization; and (6) twenty-three individuals other than officers or employees of the United States or Members of Congress, appointed by the members of the Commission under paragraphs (1) through (5) of this subsection from among individuals representing diverse interest groups, including individuals representing labor, business, civil rights, and religious groups, and entertainers. (b) Political party Not more than half of the members of the Commission appointed under each of paragraphs (2), (3), (5), and (6) of subsection (a) of this section shall be of the same political party. (c) Appointments; vacancies (1) Except as provided in paragraphs (2) and (3), members of the Commission shall be appointed not later than June 1 of each year for terms of 1 year, and any vacancy in the Commission shall be filled in the manner in which the original appointment was made. Any vacancy in the Commission shall not affect its powers. (2) Coretta Scott King shall serve as a member for life. In the event of a vacancy, her position on the Commission shall be filled by a member of the family surviving Martin Luther King, Jr., not already a member of the Commission, who shall be appointed by the family and shall serve as a member of the Commission at the discretion of the family. (3) The 2 members of the Commission appointed as members of the family surviving Martin Luther King, Jr., shall serve as members of the Commission at the discretion of the family. (d) Compensation Members of the Commission shall serve without pay, but may, subject to the availability of sufficient funds, be allowed travel expenses, including per diem in lieu of subsistence, while away from their homes or regular places of business in the performance of services for the Commission. -SOURCE- (Pub. L. 98-399, Sec. 4, Aug. 27, 1984, 98 Stat. 1473; Pub. L. 99-284, Sec. 2, May 1, 1986, 100 Stat. 406; Pub. L. 101-30, Sec. 3(a), 6(b)(1), May 17, 1989, 103 Stat. 60, 61.) -MISC1- AMENDMENTS 1989 - Subsec. (c). Pub. L. 101-30, Sec. 3(a), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: 'Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the manner in which the original appointment was made.' Subsec. (d). Pub. L. 101-30, Sec. 6(b)(1), substituted 'subject to the availability of sufficient funds' for 'subject to section 169j-6 of this title'. 1986 - Subsec. (a)(6). Pub. L. 99-284 substituted 'twenty-three' for 'fourteen'. CONTINUATION OF TERMS OF EXISTING MEMBERS Section 3(b) of Pub. L. 101-30 provided that: 'The individuals who are members of the Commission on the date of the enactment of this Act (May 17, 1989) shall be considered to have been appointed members for a term ending on the first June 1 that occurs after the date of the enactment of this Act (pursuant to section 4(a) of Public Law 98-399 (98 Stat. 1473) (36 U.S.C. 169j-3(a)) or section 2(c) of this Act (set out as a note under section 169j-8 of this title), as appropriate).' ------DocID 41387 Document 300 of 1444------ -CITE- 36 USC Sec. 169j-4 -EXPCITE- TITLE 36 CHAPTER 9 -HEAD- Sec. 169j-4. Operations of Martin Luther King, Jr. Federal Holiday Commission -STATUTE- (a) Meetings The Commission shall first meet within 30 days after August 27, 1984. At this first meeting the Commission shall elect a chairperson from among its members and shall meet thereafter at the call of the chairperson. (b) Donations The Commission may encourage the participation of, and accept, use, and dispose of donations of money, property, and personal services from, individuals and public and private organizations to assist the Commission in carrying out its responsibilities under this Act. -SOURCE- (Pub. L. 98-399, Sec. 5, Aug. 27, 1984, 98 Stat. 1474; Pub. L. 101-30, Sec. 7, May 17, 1989, 103 Stat. 61.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in subsec. (b), is Pub. L. 98-399, Aug. 27, 1984, 98 Stat. 1473, as amended, which enacted sections 169j to 169j-8 of this title. For complete classification of this Act to the Code, see Tables. -MISC2- AMENDMENTS 1989 - Subsec. (c). Pub. L. 101-30 struck out subsec. (c) which provided that Federal Advisory Committee Act did not apply to Commission. ------DocID 41388 Document 301 of 1444------ -CITE- 36 USC Sec. 169j-5 -EXPCITE- TITLE 36 CHAPTER 9 -HEAD- Sec. 169j-5. Activities of Martin Luther King, Jr. Federal Holiday Commission -STATUTE- (a) Director and staff The Commission may appoint a director and a staff of not more than five persons, without regard to the provisions of title 5 governing appointments in the competitive service. Subject to the availability of sufficient funds, the Commission shall set the rates of pay for the director and staff, except that the director may not be paid at a rate in excess of the maximum rate of pay payable for grade GS-18 of the General Schedule under section 5332 of title 5, and no staff member may be paid at a rate in excess of the maximum rate of pay payable for grade GS-13 of such General Schedule. (b) Assistance and cooperation of Federal agencies (1) Upon the request of the Commission, the head of any department or agency of the United States may detail, on a nonreimbursable basis, any of the personnel of such department or agency to the Commission to assist it in carrying out its responsibilities under this Act. (2) Each head of such department or agency is authorized to cooperate with and assist the Commission in carrying out its responsibilities under this Act. (c) Restrictions on Commission activities In carrying out the responsibilities of the Commission under this Act, the Commission shall not make any expenditures, or receive or utilize any assistance in the form of the use of office space, personnel, or any other assistance authorized under subsection (b) of this section, for any of the following purposes - (A) (FOOTNOTE 1) training activities for the purpose of directing or encouraging - (FOOTNOTE 1) So in original. There is no subpar. (B). (i) the organization or implementation of campaigns to protest social conditions, and (ii) any form of civil disobedience. -SOURCE- (Pub. L. 98-399, Sec. 6, Aug. 27, 1984, 98 Stat. 1474; Pub. L. 101-30, Sec. 4, 6(b)(2), May 17, 1989, 103 Stat. 61.) -REFTEXT- REFERENCES IN TEXT The provisions of title 5 governing appointments in the competitive service, referred to in subsec. (a), are classified generally to section 3301 et seq. of Title 5, Government Organization and Employees. This Act, referred to in subsecs. (b) and (c), is Pub. L. 98-399, Aug. 27, 1984, 98 Stat. 1473, as amended, which enacted sections 169j to 169j-8 of this title. For complete classification of this Act to the Code, see Tables. -MISC2- AMENDMENTS 1989 - Subsec. (a). Pub. L. 101-30, Sec. 6(b)(2), substituted 'Subject to the availability of sufficient funds' for 'Subject to section 169j-6 of this title'. Subsec. (c). Pub. L. 101-30, Sec. 4, added subsec. (c). REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS-16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 (title I, Sec. 101(c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of Title 5. ------DocID 41389 Document 302 of 1444------ -CITE- 36 USC Sec. 169j-6 -EXPCITE- TITLE 36 CHAPTER 9 -HEAD- Sec. 169j-6. Authorization of appropriations -STATUTE- There are authorized to be appropriated to carry out this Act $300,000 for fiscal year 1989 and each of the 4 succeeding fiscal years. -SOURCE- (Pub. L. 98-399, Sec. 7, Aug. 27, 1984, 98 Stat. 1474; Pub. L. 101-30, Sec. 6(a), May 17, 1989, 103 Stat. 61.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in text, is Pub. L. 98-399, Aug. 27, 1984, 98 Stat. 1473, as amended, which enacted sections 169j to 169j-8 of this title. For complete classification of this Act to the Code, see Tables. -MISC2- AMENDMENTS 1989 - Pub. L. 101-30 amended section generally. Prior to amendment, section read as follows: 'All expenditures of the Commission shall be made from donated funds.' ------DocID 41390 Document 303 of 1444------ -CITE- 36 USC Sec. 169j-7 -EXPCITE- TITLE 36 CHAPTER 9 -HEAD- Sec. 169j-7. Annual report of Martin Luther King, Jr. Federal Holiday Commission -STATUTE- Not later than April 20 of each year, the Commission shall submit a report to the President and the Congress concerning its activities under this Act with respect to the most recent observance of the Federal legal holiday honoring the birthday of Martin Luther King, Jr. -SOURCE- (Pub. L. 98-399, Sec. 8, Aug. 27, 1984, 98 Stat. 1475; Pub. L. 99-284, Sec. 1(b), May 1, 1986, 100 Stat. 406; Pub. L. 101-30, Sec. 5, May 17, 1989, 103 Stat. 61.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in text, is Pub. L. 98-399, Aug. 27, 1984, 98 Stat. 1473, as amended, which enacted sections 169j to 169j-8 of this title. For complete classification of this Act to the Code, see Tables. -MISC2- AMENDMENTS 1989 - Pub. L. 101-30 substituted 'with respect to the most recent observance of the Federal legal holiday honoring the birthday of Martin Luther King, Jr.' for period at end. 1986 - Pub. L. 99-284 substituted 'April 20 of each year' for 'April 20, 1986'. ------DocID 41391 Document 304 of 1444------ -CITE- 36 USC Sec. 169j-8 -EXPCITE- TITLE 36 CHAPTER 9 -HEAD- Sec. 169j-8. Continuation of existence of Martin Luther King, Jr. Federal Holiday Commission -STATUTE- The Commission shall continue in existence until April 20, 1994. -SOURCE- (Pub. L. 98-399, Sec. 9, Aug. 27, 1984, 98 Stat. 1475; Pub. L. 99-284, Sec. 1(c), May 1, 1986, 100 Stat. 406; Pub. L. 101-30, Sec. 2(a), May 17, 1989, 103 Stat. 60.) -MISC1- AMENDMENTS 1989 - Pub. L. 101-30 amended section generally, substituting 'continue in existence until April 20, 1994' for 'cease to exist after April 20, 1989'. 1986 - Pub. L. 99-284 substituted 'after April 20, 1989' for 'after submitting its report under section 169j-7 of this title'. REESTABLISHMENT AFTER TERMINATION Section 2(c) of Pub. L. 101-30 provided that: 'If the date of the enactment of this Act (May 17, 1989) occurs on or after April 20, 1989, the Martin Luther King, Jr., Federal Holiday Commission shall be reestablished on the date of the enactment of this Act with the same members and powers that the Commission had, as provided in Public Law 98-399 (98 Stat. 1473) (enacting sections 169j to 169j-8 of this title), on April 19, 1989 (subject to this Act and the amendments made by this Act (see Short Title of 1989 Amendment note set out under section 169j of this title)).' ------DocID 41392 Document 305 of 1444------ -CITE- 36 USC CHAPTER 10 -EXPCITE- TITLE 36 CHAPTER 10 -HEAD- CHAPTER 10 - PATRIOTIC CUSTOMS -MISC1- Sec. 170. National anthem; Star-Spangled Banner. 171. Conduct during playing. 172. Pledge of allegiance to the flag; manner of delivery. 173. Display and use of flag by civilians; codification of rules and customs; definition. 174. Time and occasions for display. (a) Display on buildings and stationary flagstaffs in open; night display. (b) Manner of hoisting. (c) Inclement weather. (d) Particular days of display. (e) Display on or near administration building of public institutions. (f) Display in or near polling places. (g) Display in or near schoolhouses. 175. Position and manner of display. 176. Respect for flag. 177. Conduct during hoisting, lowering or passing of flag. 178. Modification of rules and customs by President. 179. Design for service flag; persons entitled to display flag. 180. Design for service lapel button; persons entitled to wear button. 181. Approval of designs by Secretary of Defense; license to manufacture and sell; penalties. 182. Rules and regulations. 182a to 184. Repealed. 185. Transferred. 186. National motto. 187. National floral emblem. 188. National march. 189. Recognition of National League of Families POW/MIA flag. ------DocID 41393 Document 306 of 1444------ -CITE- 36 USC Sec. 170 -EXPCITE- TITLE 36 CHAPTER 10 -HEAD- Sec. 170. National anthem; Star-Spangled Banner -STATUTE- The composition consisting of the words and music known as The Star-Spangled Banner is designated the national anthem of the United States of America. -SOURCE- (Mar. 3, 1931, ch. 436, 46 Stat. 1508.) -COD- CODIFICATION Section was formerly classified to section 144 of this title. ------DocID 41394 Document 307 of 1444------ -CITE- 36 USC Sec. 171 -EXPCITE- TITLE 36 CHAPTER 10 -HEAD- Sec. 171. Conduct during playing -STATUTE- During rendition of the national anthem when the flag is displayed, all present except those in uniform should stand at attention facing the flag with the right hand over the heart. Men not in uniform 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 render the military salute at the first note of the anthem and retain this position until the last note. When the flag is not displayed, those present should face toward the music and act in the same manner they would if the flag were displayed there. -SOURCE- (June 22, 1942, ch. 435, Sec. 6, 56 Stat. 380; Dec. 22, 1942, ch. 806, Sec. 6, 56 Stat. 1077; July 7, 1976, Pub. L. 94-344, Sec. 1(18), 90 Stat. 812.) -MISC1- AMENDMENTS 1976 - Pub. L. 94-344 inserted requirement that during the rendition of the national anthem when the flag is displayed, all persons present except those in uniform should stand at attention, face the flag, and place the right hand over the heart and men with headdress should remove the headdress and hold it at the left shoulder, the hand being over the heart and when the flag is not displayed, those present should face the music and act in the same manner they would if the flag were displayed. 1942 - Act Dec. 22, 1942, substituted 'all present should face the flag and salute' for 'the salute to the flag should be given' in last sentence. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 178 of this title. ------DocID 41395 Document 308 of 1444------ -CITE- 36 USC Sec. 172 -EXPCITE- TITLE 36 CHAPTER 10 -HEAD- Sec. 172. Pledge of allegiance to the flag; manner of delivery -STATUTE- 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. -SOURCE- (June 22, 1942, ch. 435, Sec. 7, 56 Stat. 380; Dec. 22, 1942, ch. 806, Sec. 7, 56 Stat. 1077; Dec. 28, 1945, ch. 607, 59 Stat. 668; June 14, 1954, ch. 297, 68 Stat. 249; July 7, 1976, Pub. L. 94-344, Sec. 1(19), 90 Stat. 813.) -MISC1- AMENDMENTS 1976 - Pub. L. 94-344 inserted requirement that during rendition of the Pledge of Allegiance to the Flag, all persons should face the flag and men with headdress except those in uniform should remove their headdress and hold it at the left shoulder, the hand being over the heart. 1954 - Act June 14, 1954, inserted 'under God,' in the pledge. 1945 - Act Dec. 28, 1945, inserted 'The following is designated as', inserted the period after 'justice for all.', and struck out 'is rendered by standing with the right hand over the heart.' in first sentence, and inserted sentence 'Such pledge should be rendered by standing with the right hand over the heart.' 1942 - Act Dec. 22, 1942, struck out 'extending the right hand, palm upward, toward the flag at the words 'to the flag' and holding this position until the end, when the hand drops to the side.' at end of first sentence. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 178 of this title. ------DocID 41396 Document 309 of 1444------ -CITE- 36 USC Sec. 173 -EXPCITE- TITLE 36 CHAPTER 10 -HEAD- Sec. 173. Display and use of flag by civilians; codification of rules and customs; definition -STATUTE- The following codification of existing rules and customs pertaining to the display and use of the flag of the United States of America is established for the use of such civilians or civilian groups or organizations as may not be required to conform with regulations promulgated by one or more executive departments of the Government of the United States. The flag of the United States for the purpose of this chapter shall be defined according to sections 1 and 2 of title 4 and Executive Order 10834 issued pursuant thereto. -SOURCE- (June 22, 1942, ch. 435, Sec. 1, 56 Stat. 377; Dec. 22, 1942, ch. 806, Sec. 1, 56 Stat. 1074; July 7, 1976, Pub. L. 94-344, Sec. 1(1), 90 Stat. 810.) -REFTEXT- REFERENCES IN TEXT This chapter, referred to in text, probably means chapter 435 of act June 22, 1942, 56 Stat. 380, which is classified to sections 171 to 178 of this title. Executive Order 10834, referred to in text, is Ex. Ord. No. 10834, Aug. 21, 1959, 24 F.R. 79, which is set out as a note under section 1 of Title 4, Flag and Seal, Seat of Government, and the States. -MISC2- AMENDMENTS 1976 - Pub. L. 94-344 inserted provisions defining 'flag of the United States' for purposes of this chapter according to sections 1 and 2 of title 4 and Executive Order 10834. 1942 - Act Dec. 22, 1942, reenacted section without change. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 178 of this title. ------DocID 41397 Document 310 of 1444------ -CITE- 36 USC Sec. 174 -EXPCITE- TITLE 36 CHAPTER 10 -HEAD- Sec. 174. Time and occasions for display -STATUTE- (a) Display on buildings and stationary flagstaffs in open; night display 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) Manner of hoisting The flag should be hoisted briskly and lowered ceremoniously. (c) Inclement weather The flag should not be displayed on days when the weather is inclement, except when an all weather flag is displayed. (d) Particular days of display The flag should be displayed on all days, especially on New Year's Day, January 1; Inauguration Day, January 20; Lincoln's Birthday, February 12; Washington's Birthday, third Monday in February; Easter Sunday (variable); Mother's Day, second Sunday in May; Armed Forces Day, third Saturday in May; Memorial Day (half-staff until noon), the last Monday in May; Flag Day, June 14; Independence Day, July 4; Labor Day, first Monday in September; Constitution Day, September 17; Columbus Day, second Monday in October; Navy Day, October 27; Veterans Day, November 11; Thanksgiving Day, fourth Thursday in November; Christmas Day, December 25; and such other days as may be proclaimed by the President of the United States; the birthdays of States (date of admission); and on State holidays. (e) Display on or near administration building of public institutions The flag should be displayed daily on or near the main administration building of every public institution. (f) Display in or near polling places The flag should be displayed in or near every polling place on election days. (g) Display in or near schoolhouses The flag should be displayed during school days in or near every schoolhouse. -SOURCE- (June 22, 1942, ch. 435, Sec. 2, 56 Stat. 378; Dec. 22, 1942, ch. 806, Sec. 2, 56 Stat. 1074; July 7, 1976, Pub. L. 94-344, Sec. 1(2)-(5), 90 Stat. 810.) -COD- CODIFICATION 'Veterans Day' substituted for 'Armistice Day' in subsec. (d) to conform to the provisions of act June 1, 1954, ch. 250, 68 Stat. 168. See section 6103 of Title 5, Government Organization and Employees. -MISC3- AMENDMENTS 1976 - Subsec. (a). Pub. L. 94-344, Sec. 1(2), substituted provision permitting display of the flag for 24 hours a day to produce a patriotic effect if flag is properly illuminated during the hours of darkness, for provision permitting night display of the flag upon special occasions when it is desired to produce a patriotic effect. Subsec. (c). Pub. L. 94-344, Sec. 1(3), inserted provision excepting display of all weather flag. Subsec. (d). Pub. L. 94-344, Sec. 1(4), struck out 'when the weather permits' after 'displayed on all days' and 'Army Day, April 6' before 'Easter Sunday', inserted 'Armed Forces Day, third Saturday in May', and substituted 'third Monday in February' for 'February 22', 'the last Monday in May' for 'May 30', and 'second Monday in October' for 'October 12'. Subsec. (e). Pub. L. 94-344, Sec. 1(5), struck out ', weather permitting,' after 'displayed daily'. 1942 - Subsec. (d). Act Dec. 22, 1942, substituted 'fourth Thursday in November' for 'last Thursday in November'. VALLEY FORGE STATE PARK, PENNSYLVANIA; DISPLAY OF FLAG Pub. L. 94-53, July 4, 1975, 89 Stat. 259, provided: 'That, notwithstanding the rule or custom pertaining to the display of the flag of the United States of America between sunrise and sunset, as set forth in section 2(a) of the joint resolution, entitled, 'Joint resolution to codify and emphasize existing rules and customs pertaining to the display and use of the flag of the United States of America', approved June 22, 1942 (36 U.S.C. 174(a)), the flag of the United States of America may be flown for twenty-four hours of each day on the grounds of the National Memorial Arch in Valley Forge State Park, Valley Forge, Pennsylvania. The flag may not be flown pursuant to the authority contained in this Act during the hours from sunset to sunrise unless it is illuminated.' LEXINGTON, MASSACHUSETTS; DISPLAY OF FLAG Pub. L. 89-335, Nov. 8, 1965, 79 Stat. 1294, provided: 'That, notwithstanding any rule or custom pertaining to the display of the flag of the United States of America as set forth in the joint resolution entitled 'Joint resolution to codify and emphasize existing rules and customs pertaining to the display and use of the flag of the United States of America', approved June 22, 1942 (36 U.S.C. 171-178), the flag of the United States of America may be flown for twenty-four hours of each day on the green of the town of Lexington, Massachusetts. The flag may not be flown pursuant to the authority contained in this Act during the hours from sunset to sunrise unless it is illuminated.' FLAG HOUSE SQUARE, BALTIMORE, MARYLAND; DISPLAY OF FLAG; TIME Act Mar. 26, 1954, ch. 109, 68 Stat. 35, provided: 'That notwithstanding any rule or custom pertaining to the display of the flag of the United States of America as set forth in the joint resolution entitled 'Joint resolution to codify and emphasize existing rules and customs pertaining to the display and use of the flag of the United States of America', approved June 22, 1942, as amended (sections 171 to 178 of this title), authority is hereby conferred on the appropriate officer of the State of Maryland to permit the flying of the flag of the United States for twenty-four hours of each day in Flag House Square, Albemarle and Pratt Streets, Baltimore, Maryland. 'Sec. 2. Subject to the provisions of section 3 of the joint resolution of June 22, 1942, as amended (section 175 of this title), authority is also conferred on the appropriate officer of the State of Maryland to permit the flying of a replica of the flag of the United States which was in use during the War of 1812 for twenty-four hours of each day in Flag House Square, Albemarle and Pratt Streets, Baltimore, Maryland.' -EXEC- PROC. NO. 4064. DISPLAY OF FLAGS AT THE WASHINGTON MONUMENT Proc. No. 4064, July 6, 1971, 36 F.R. 12967, provided: The Washington Monument stands day and night as America's tribute to our first President. The fifty American flags that encircle the base of the Monument represent our fifty States and, at the same time, symbolize our enduring Federal Union. As this Nation's 200th year approaches, I believe that it would do all Americans well to remember the years of our first President and to recall the enduring ideals of our Nation. As an expression of our rededication to the ideals of America and in accordance with the joint resolution of Congress of June 22, 1942 (56 Stat. 377), as amended by the joint resolution of December 22, 1942, (56 Stat. 1074) (this section), which permits the flag to be displayed at night 'upon special occasions when it is desired to produce a patriotic effect,' it is appropriate that our national colors henceforth be displayed day and night at the Washington Monument. NOW, THEREFORE, I, RICHARD NIXON, President of the United States of America, do hereby proclaim that, effective July 4, 1971, the fifty flags of the United States of America displayed at the Washington Monument in the District of Columbia be flown at all times during the day and night, except when the weather is inclement. The rules and customs pertaining to the display of the flag as set forth in the joint resolution of June 22, 1942, as amended (section 173 et seq. of this title), are hereby modified accordingly. IN WITNESS WHEREOF, I have hereunto set my hand this sixth day of July, in the year of our Lord nineteen hundred seventy-one, and of the Independence of the United States of America the one hundred ninety-sixth. Richard Nixon. PROC. NO. 4131. DISPLAY OF FLAG AT UNITED STATES CUSTOMS PORTS OF ENTRY Proc. No. 4131, May 5, 1972, 37 F.R. 9311, provided: The flag of the United States should be one of the first things seen at our Customs ports of entry, both by American citizens returning from abroad and by travelers from other countries. As the symbol of our country and our freedoms, the national colors of the United States provide a welcome greeting of warm promise. Many people, however, enter our country at night when the flag is not flown, because of the nearly universal custom of displaying it only from sunrise to sunset. Authority exists to amend that custom. A Congressional joint resolution of June 22, 1942 (56 Stat. 377), as amended (36 U.S.C. 173-178), permits the flag to be displayed at night 'upon special occasions when it is desired to produce a patriotic effect.' I believe it is appropriate that returning citizens and visitors from other countries be welcomed by our flag whether they arrive at their ports of entry by night or by day. NOW, THEREFORE, I, RICHARD NIXON, President of the United States of America, do hereby proclaim that the flag of the United States of America shall hereafter be displayed at all times during the day and night, except when the weather is inclement, at United States Customs ports of entry which are continually open. The rules and customs pertaining to the display of the flag, as set forth in the joint resolution of June 22, 1942, as amended, are hereby modified accordingly. IN WITNESS WHEREOF, I have hereunto set my hand this fifth day of May, in the year of our Lord nineteen hundred seventy-two, and of the Independence of the United States of America the one hundred ninety-sixth. Richard Nixon. -CROSS- CROSS REFERENCES National observances, display of flag on, see section 141 et seq. of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 178 of this title. ------DocID 41398 Document 311 of 1444------ -CITE- 36 USC Sec. 175 -EXPCITE- TITLE 36 CHAPTER 10 -HEAD- Sec. 175. Position and manner of display -STATUTE- 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 pennant may be flown above the flag during church services for the personnel of the Navy. No person shall display the flag of the United Nations or any other national or international flag equal, above, or in a position of superior prominence or honor to, or in place of, the flag of the United States at any place within the United States or any Territory or possession thereof: Provided, That nothing in this section shall make unlawful the continuance of the practice heretofore followed of displaying the flag of the United Nations in a position of superior prominence or honor, and other national flags in positions of equal prominence or honor, with that of the flag of the United States at the headquarters of the United Nations. (d) The flag of the United States of America, when it is displayed with another flag against a wall from crossed staffs, should be on the right, the flag's own right, and its staff should be in front of the staff of the other flag. (e) The flag of the United States of America should be at the center and at the highest point of the group when a number of flags of States or localities or pennants of societies are grouped and displayed from staffs. (f) When flags of States, cities, or localities, or pennants of societies are flown on the same halyard with the flag of the United States, the latter should always be at the peak. When the flags are flown from adjacent staffs, the flag of the United States should be hoisted first and lowered last. No such flag or pennant may be placed above the flag of the United States or to the United States flag's right. (g) When flags of two or more nations are displayed, they are to be flown from separate staffs of the same height. The flags should be of approximately equal size. International usage forbids the display of the flag of one nation above that of another nation in time of peace. (h) When the flag of the United States is displayed from a staff projecting horizontally or at an angle from the window sill, balcony, or front of a building, the union of the flag should be placed at the peak of the staff unless the flag is at half staff. When the flag is suspended over a sidewalk from a rope extending from a house to a pole at the edge of the sidewalk, the flag should be hoisted out, union first, from the building. (i) When displayed either horizontally or vertically against a wall, the union should be uppermost and to the flag's own right, that is, to the observer's left. When displayed in a window, the flag should be displayed in the same way, with the union or blue field to the left of the observer in the street. (j) When the flag is displayed over the middle of the street, it should be suspended vertically with the union to the north in an east and west street or to the east in a north and south street. (k) When used on a speaker's platform, the flag, if displayed flat, should be displayed above and behind the speaker. When displayed from a staff in a church or public auditorium, the flag of the United States of America should hold the position of superior prominence, in advance of the audience, and in the position of honor at the clergyman's or speaker's right as he faces the audience. Any other flag so displayed should be placed on the left of the clergyman or speaker or to the right of the audience. (l) The flag should form a distinctive feature of the ceremony of unveiling a statue or monument, but it should never be used as the covering for the statue or monument. (m) The flag, when flown at half-staff, should be first hoisted to the peak for an instant and then lowered to the half-staff position. The flag should be again raised to the peak before it is lowered for the day. On Memorial Day the flag should be displayed at half-staff until noon only, then raised to the top of the staff. By order of the President, the flag shall be flown at half-staff upon the death of principal figures of the United States Government and the Governor of a State, territory, or possession, as a mark of respect to their memory. In the event of the death of other officials or foreign dignitaries, the flag is to be displayed at half-staff according to Presidential instructions or orders, or in accordance with recognized customs or practices not inconsistent with law. In the event of the death of a present or former official of the government of any State, territory, or possession of the United States, the Governor of that State, territory, or possession may proclaim that the National flag shall be flown at half-staff. The flag shall be flown at half-staff thirty days from the death of the President 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 following day for a Member of Congress. 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 Representative, 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 building 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 entrances are to the east and west or to the east when entrances are to the north and south. If there are entrances in more than two directions, the union should be to the east. -SOURCE- (June 22, 1942, ch. 435, Sec. 3, 56 Stat. 378; Dec. 22, 1942, ch. 806, Sec. 3, 56 Stat. 1075; July 9, 1953, ch. 183, 67 Stat. 142; July 7, 1976, Pub. L. 94-344, Sec. 1(6)-(11), 90 Stat. 810, 811.) -MISC1- AMENDMENTS 1976 - Subsec. (b). Pub. L. 94-344, Sec. 1(6), substituted 'right fender' for 'radiator cap'. Subsec. (f). Pub. L. 94-344, Sec. 1(7), substituted 'to the United States flag's right' for 'to the right of the flag of the United States'. Subsec. (i). Pub. L. 94-344, Sec. 1(8), substituted requirement that when the flag is displayed horizontally or vertically against a wall or in a window, the union should be uppermost and to the flag's own right for requirement that when the flag is displayed otherwise than from a staff, it should be displayed flat, whether indoors or out, or so suspended that it falls as free as though it were staffed. Subsec. (k). Pub. L. 94-344, Sec. 1(9), struck out provisions relating to flag position when displayed on a staff in the chancel of a church or speaker's platform of an auditorium. Subsec. (m). Pub. L. 94-344, Sec. 1(10), inserted provisions relating to half-staff display of the flag on Memorial Day and upon the death of principal figures of the United States government and State governments and definitions of terms therein and struck out provisions relating to the affixing of crepe streamers to spearheads and flagstaffs in a parade only on the order of the President. Subsec. (o). Pub. L. 94-344, Sec. 1(11), added subsec. (o). 1953 - Subsec. (c). Act July 9, 1953, inserted second sentence. 1942 - Subsecs. (i) and (m). Act Dec. 22, 1942, inserted 'or so suspended that its folds fall as free as though the flag were staffed' to subsec. (i) and omitted therefrom provisions covering display against a wall or in a window, and substituted 'lowering' for 'hauling' in third sentence of subsec. (m). FLAG HOUSE SQUARE, BALTIMORE, MARYLAND; DISPLAY OF RELLICA OF FLAG USED IN WAR OF 1812; TIME Display of rellica of flag used in War of 1812 for twenty-four hours each day in Flag House Square, Baltimore, Maryland, as subject to this section, see note set out under section 174 of this title. -EXEC- PROC. NO. 3044. DISPLAY OF FLAG AT HALF-STAFF UPON DEATH OF CERTAIN OFFICIALS AND FORMER OFFICIALS Proc. No. 3044, Mar. 1, 1954, 19 F.R. 1235, as amended by Proc. No. 3948, Dec. 12, 1969, 34 F.R. 19699, provided: WHEREAS it is appropriate that the flag of the United States of America be flown at half-staff on Federal buildings, grounds, and facilities upon the death of principal officials and former officials of the Government of the United States and the Governors of the States, Territories, and possessions of the United States as a mark of respect to their memory; and WHEREAS it is desirable that rules be prescribed for the uniform observance of this mark of respect by all executive departments and agencies of the Government, and as a guide to the people of the Nation generally on such occasions: NOW, THEREFORE, I, DWIGHT D. EISENHOWER, President of the United States of America and Commander in Chief of the armed forces of the United States, do hereby prescribe and proclaim the following rules with respect to the display of the flag of the United States of America at half-staff upon the death of the officials hereinafter designated: 1. The flag of the United States shall be flown at half-staff on all buildings, grounds, and naval vessels of the Federal Government in the District of Columbia and throughout the United States and its Territories and possessions for the period indicated upon the death of any of the following-designated officials or former officials of the United States: (a) The President or a former President: for thirty days from the day of death. The flag shall also be flown at half-staff for such period at all United States embassies, legations, and other facilities abroad, including all military facilities and naval vessels and stations. (b) The Vice President, the Chief Justice or a retired Chief Justice of the United States, or the Speaker of the House of Representatives: for ten days from the day of death. (c) An Associate Justice of the Supreme Court, a member of the Cabinet, a former Vice President, the President pro tempore of the Senate, the Majority Leader of the Senate, the Minority Leader of the Senate, the Majority Leader of the House of Representatives, or the Minority Leader of the House of Representatives: from the day of death until interment. 2. The flag of the United States shall be flown at half-staff on all buildings, grounds, and naval vessels of the Federal Government in the metropolitan area of the District of Columbia on the day of death and on the following day upon the death of a United States Senator, Representative, Territorial Delegate, or the Resident Commissioner from the Commonwealth of Puerto Rico, and it shall also be flown at half-staff on all buildings, grounds, and naval vessels of the Federal Government in the State, Congressional District, Territory, or Commonwealth of such Senator, Representative, Delegate, or Commissioner, respectively, from the day of death until interment. 3. The flag of the United States shall be flown at half-staff on all buildings and grounds of the Federal Government in a State, Territory, or possession of the United States upon the death of the Governor of such State, Territory, or possession from the day of death until interment. 4. In the event of the death of other officials, former officials, or foreign dignitaries, the flag of the United States shall be displayed at half-staff in accordance with such orders or instructions as may be issued by or at the direction of the President, or in accordance with recognized customs or practices not inconsistent with law. 5. The heads of the several departments and agencies of the Government may direct that the flag of the United States be flown at half-staff on buildings, grounds, or naval vessels under their jurisdiction on occasions other than those specified herein which they consider proper, and that suitable military honors be rendered as appropriate. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed. DONE at the City of Washington this 1st day of March in the year of our Lord nineteen hundred and fifty-four, and of the Independence of the United States of America the one hundred and seventy-eighth. (seal) Dwight D. Eisenhower. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 178 of this title. ------DocID 41399 Document 312 of 1444------ -CITE- 36 USC Sec. 176 -EXPCITE- TITLE 36 CHAPTER 10 -HEAD- Sec. 176. Respect for flag -STATUTE- 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 property. (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 always 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, holding, 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 cushions or handkerchiefs and the like, printed or otherwise impressed on paper napkins or boxes or anything that is designed for temporary use and discard. 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. (k) The flag, when it is in such condition that it is no longer a fitting emblem for display, should be destroyed in a dignified way, preferably by burning. -SOURCE- (June 22, 1942, ch. 435, Sec. 4, 56 Stat. 379; Dec. 22, 1942, ch. 806, Sec. 4, 56 Stat. 1076; July 7, 1976, Pub. L. 94-344, Sec. 1(12)-(16), 90 Stat. 812.) -MISC1- AMENDMENTS 1976 - Par. (a). Pub. L. 94-344, Sec. 1(12), inserted reference to instances of extreme danger to life or property. Par. (d). Pub. L. 94-344, Sec. 1(13), inserted requirement that a flag should never be used as wearing apparel or bedding. Par. (e). Pub. L. 94-344, Sec. 1(14), substituted 'to permit' for 'will permit'. Par. (i). Pub. L. 94-344, Sec. 1(15), struck out provision that the flag should not be used on a costume or athletic uniform. Pars. (j), (k). Pub. L. 94-344, Sec. 1(16), added par. (j) and redesignated former par. (j) as (k). 1942 - Par. (g). Act Dec. 22, 1942, inserted 'any' before 'part'. -CROSS- CROSS REFERENCES Police uniforms to display U.S. flag emblem or colors, see section 210a of Title 40, Public Buildings, Property, and Works. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 178 of this title. ------DocID 41400 Document 313 of 1444------ -CITE- 36 USC Sec. 177 -EXPCITE- TITLE 36 CHAPTER 10 -HEAD- Sec. 177. Conduct during hoisting, lowering or passing of flag -STATUTE- During the ceremony of hoisting or lowering the flag or when the flag is passing in a parade or in review, all persons present except those in uniform should face the flag and stand at attention with the right hand over the heart. Those present in uniform should render the military salute. 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. Aliens should stand at attention. The salute to the flag in a moving column should be rendered at the moment the flag passes. -SOURCE- (June 22, 1942, ch. 435, Sec. 5, 56 Stat. 380; Dec. 22, 1942, ch. 806, Sec. 5, 56 Stat. 1077; July 7, 1976, Pub. L. 94-344, Sec. 1(17), 90 Stat. 812.) -MISC1- AMENDMENTS 1976 - Pub. L. 94-344 substituted in first sentence 'with right hand over the heart' for ', and salute' and struck out 'Men without hats should salute in the same manner.' before 'Aliens should' and 'Women should salute by placing right hand over the heart.' before 'The salute to the flag'. 1942 - Act Dec. 22, 1942, substituted 'military salute,' for 'right-hand salute' in second sentence, 'should salute in the same manner,' for 'merely stand at attention' in fourth sentence, and inserted fifth sentence. -CROSS- CROSS REFERENCES Alien as used in Immigration and Nationality Act defined, see section 1101 of Title 8, Aliens and Nationality. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 178 of this title. ------DocID 41401 Document 314 of 1444------ -CITE- 36 USC Sec. 178 -EXPCITE- TITLE 36 CHAPTER 10 -HEAD- Sec. 178. Modification of rules and customs by President -STATUTE- Any rule or custom pertaining to the display of the flag of the United States of America, set forth herein, may be altered, modified, or repealed, or additional rules with respect thereto may be prescribed, by the Commander in Chief of the Armed Forces of the United States, whenever he deems it to be appropriate or desirable; and any such alteration or additional rule shall be set forth in a proclamation. -SOURCE- (June 22, 1942, ch. 435, Sec. 8, 56 Stat. 380; Dec. 22, 1942, ch. 806, Sec. 8, 56 Stat. 1077; July 7, 1976, Pub. L. 94-344, Sec. 1(20), 90 Stat. 813.) -REFTEXT- REFERENCES IN TEXT Herein, referred to in text, means act June 22, 1942, which is classified to sections 171 to 178 of this title. -MISC2- AMENDMENTS 1976 - Pub. L. 94-344 substituted 'Armed Forces' for 'Army and Navy'. 1942 - Act Dec. 22, 1942, reenacted section without change. -EXEC- PROC. NO. 2605. THE FLAG OF THE UNITED STATES Proc. No. 2605, Feb. 18, 1944, 9 F.R. 1957, 58 Stat. 1126, provided: The flag of the United States of America is universally representative of the principles of the justice, liberty, and democracy enjoyed by the people of the United States; and People all over the world recognize the flag of the United States as symbolic of the United States; and The effective prosecution of the war requires a proper understanding by the people of other countries of the material assistance being given by the Government of the United States: NOW, THEREFORE, by virtue of the power vested in me by the Constitution and laws of the United States, particularly by the Joint Resolution approved June 22, 1942, as amended by the Joint Resolution approved December 22, 1942 (sections 171 to 178 of this title), as President and Commander in Chief, it is hereby proclaimed as follows: 1. The use of the flag of the United States or any representation thereof, if approved by the Foreign Economic Administration, on labels, packages, cartons, cases, or other containers for articles or products of the United States intended for export as lend-lease aid, as relief and rehabilitation aid, or as emergency supplies for the Territories and possessions of the United States, or similar purposes, shall be considered a proper use of the flag of the United States and consistent with the honor and respect due to the flag. 2. If any article or product so labelled, packaged or otherwise bearing the flag of the United States or any representation thereof, as provided for in section 1, should, by force of circumstances, be diverted to the ordinary channels of domestic trade, no person shall be considered as violating the rules and customs pertaining to the display of the flag of the United States, as set forth in the Joint Resolution approved June 22, 1942, as amended by the Joint Resolution approved December 22, 1942 (U.S.C., Supp. II, title 36, secs. 171-178) for possessing, transporting, displaying, selling or otherwise transferring any such article or product solely because the label, package, carton, case, or other container bears the flag of the United States or any representation thereof. PROC. NO. 4000. DISPLAY OF FLAG AT WHITE HOUSE Proc. No. 4000, Sept. 4, 1970, 35 F.R. 14187, provided: WHEREAS the joint resolution of Congress of June 22, 1942, entitled 'Joint Resolution to Codify and Emphasize Existing Rules and Customs Pertaining to the Display and Use of the Flag of the United States of America,' as amended by the joint resolution of December 22, 1942, 56 Stat. 1074 (sections 173 to 178 of this title), contains the following provisions: 'Sec. 2. (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, the flag may be displayed at night upon special occasions when it is desired to produce a patriotic effect. * * * * * 'Sec. 8. Any rule or custom pertaining to the display of the flag of the United States of America, set forth herein, may be altered, modified, or repealed, or additional rules with respect thereto may be prescribed, by the Commander in Chief of the Army and Navy of the United States, whenever he deems it to be appropriate or desirable; and any such alteration or additional rule shall be set forth in a proclamation.'; and WHEREAS the White House is a house that belongs to all the people; and WHEREAS the White House, as the home of the President and his family, symbolizes the love of home and family which has long characterized our people; and WHEREAS it is customary for many of our own citizens and many persons from other countries who visit our Nation's Capital to view the White House at night; and WHEREAS it is thus appropriate that the flag be flown over the White House by night as well as by day: NOW, THEREFORE, I, RICHARD NIXON, President of the United States of America, do hereby proclaim that the flag of the United States of America shall hereafter be displayed at the White House at all times during the day and night, except when the weather is inclement. The rules and customs pertaining to the display of the flag as set forth in the joint resolution of June 22, 1942, as amended, are hereby modified accordingly. IN WITNESS WHEREOF, I have hereunto set my hand this fourth day of September, in the year of our Lord nineteen hundred and seventy, and of the Independence of the United States of America the one hundred and ninety-fifth. Richard Nixon. ------DocID 41402 Document 315 of 1444------ -CITE- 36 USC Sec. 179 -EXPCITE- TITLE 36 CHAPTER 10 -HEAD- Sec. 179. Design for service flag; persons entitled to display flag -STATUTE- The Secretary of Defense is authorized and directed to approve a design for a service flag, which flag may be displayed in a window of the place of residence of persons who are members of the immediate family of a person serving in the armed forces of the United States during any period of war or hostilities in which the Armed Forces of the United States may be engaged. -SOURCE- (Oct. 17, 1942, ch. 615, Sec. 1, 56 Stat. 796; May 27, 1953, ch. 70, 67 Stat. 35.) -MISC1- AMENDMENTS 1953 - Act May 27, 1953, substituted 'Secretary of Defense' for 'Secretary of War' and 'any period of war or hostilities in which the Armed Forces of the United States may be engaged' for 'the current war'. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 181, 182 of this title. ------DocID 41403 Document 316 of 1444------ -CITE- 36 USC Sec. 180 -EXPCITE- TITLE 36 CHAPTER 10 -HEAD- Sec. 180. Design for service lapel button; persons entitled to wear button -STATUTE- The Secretary of Defense is also authorized and directed to approve a design for a service lapel button, which button may be worn by members of the immediate family of a person serving in the armed forces of the United States during any period of war or hostilities in which the Armed Forces of the United States may be engaged. -SOURCE- (Oct. 17, 1942, ch. 615, Sec. 2, 56 Stat. 796; May 27, 1953, ch. 70, 67 Stat. 35.) -MISC1- AMENDMENTS 1953 - Act May 27, 1953, substituted 'Secretary of Defense' for 'Secretary of War' and 'any period of war or hostilities in which the Armed Forces of the United States may be engaged' for 'the current war'. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 181, 182 of this title. ------DocID 41404 Document 317 of 1444------ -CITE- 36 USC Sec. 181 -EXPCITE- TITLE 36 CHAPTER 10 -HEAD- Sec. 181. Approval of designs by Secretary of Defense; license to manufacture and sell; penalties -STATUTE- Upon the approval by the Secretary of Defense of the design for such service flag and service lapel button, he shall cause notice thereof, together with a description of the approved flag and button, to be published in the Federal Register. Thereafter any person may apply to the Secretary of Defense for a license to manufacture and sell the approved service flag, or the approved service lapel button, or both. Any person, firm, or corporation who manufactures any such service flag or service lapel button without having first obtained such a license, or otherwise violates sections 179 to 182 of this title, shall, upon conviction thereof, be fined not more than $1,000. -SOURCE- (Oct. 17, 1942, ch. 615, Sec. 3, 56 Stat. 796; May 27, 1953, ch. 70, 67 Stat. 35.) -MISC1- AMENDMENTS 1953 - Act May 27, 1953, substituted 'Secretary of Defense' for 'Secretary of War'. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 182 of this title. ------DocID 41405 Document 318 of 1444------ -CITE- 36 USC Sec. 182 -EXPCITE- TITLE 36 CHAPTER 10 -HEAD- Sec. 182. Rules and regulations -STATUTE- The Secretary of Defense is authorized to make such rules and regulations as may be necessary to carry out the provisions of sections 179 to 182 of this title. -SOURCE- (Oct. 17, 1942, ch. 615, Sec. 4, 56 Stat. 796; May 27, 1953, ch. 70, 67 Stat. 35.) -MISC1- AMENDMENTS 1953 - Act May 27, 1953, substituted 'Secretary of Defense' for 'Secretary of War'. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 181 of this title. ------DocID 41406 Document 319 of 1444------ -CITE- 36 USC Sec. 182a to 182d -EXPCITE- TITLE 36 CHAPTER 10 -HEAD- Sec. 182a to 182d. Repealed. Pub. L. 89-534, Sec. 2, Aug. 11, 1966, 80 Stat. 345 -MISC1- Section 182a, acts Aug. 1, 1947, ch. 426, Sec. 1, 61 Stat. 710; Aug. 21, 1951, ch. 339, 65 Stat. 195, related to creation of gold star lapel button. See section 1126 of Title 10, Armed Forces. Section 182b, acts Aug. 1, 1947, ch. 426, Sec. 2, 61 Stat. 710; Aug. 21, 1951, ch. 339, 65 Stat. 195, related to eligibility for gold star lapel button. See section 1126 of Title 10. Section 182c, acts Aug. 1, 1947, ch. 426, Sec. 3, 61 Stat. 710; Aug. 21, 1951, ch. 339, 65 Stat. 195, related to definitions with regard to gold star lapel button. See section 1126 of Title 10. Section 182d, acts Aug. 1, 1947, ch. 426, Sec. 4, 61 Stat. 710; Aug. 21, 1951, ch. 339, 65 Stat. 195, related to penalties applicable for misuse of gold star lapel button. ------DocID 41407 Document 320 of 1444------ -CITE- 36 USC Sec. 183, 184 -EXPCITE- TITLE 36 CHAPTER 10 -HEAD- Sec. 183, 184. Repealed. Pub. L. 85-857, Sec. 14(84), Sept. 2, 1958, 72 Stat. 1272 -MISC1- Section 183, act Nov. 22, 1943, ch. 301, Sec. 1, 57 Stat. 590, authorized a gift to relative of a person who died while in military or naval service of United States flag used at such member's funeral. See section 901 of Title 38, Veterans' Benefits. Section 184, act Nov. 22, 1943, ch. 301, Sec. 2, 57 Stat. 591, authorized prescription of regulations and appropriations for purposes of section 183 of this title. EFFECTIVE DATE OF REPEAL Repeal effective Jan. 1, 1959, see section 2 of Pub. L. 85-857, set out as an Effective Date note preceding Part I of Title 38, Veterans' Benefits. ------DocID 41408 Document 321 of 1444------ -CITE- 36 USC Sec. 185 -EXPCITE- TITLE 36 CHAPTER 10 -HEAD- Sec. 185. Transferred -COD- CODIFICATION Section, act Apr. 17, 1952, ch. 216, 66 Stat. 64, which related to National Day of Prayer, was transferred to section 169h of this title. ------DocID 41409 Document 322 of 1444------ -CITE- 36 USC Sec. 186 -EXPCITE- TITLE 36 CHAPTER 10 -HEAD- Sec. 186. National motto -STATUTE- The national motto of the United States is declared to be 'In God we trust.' -SOURCE- (July 30, 1956, ch. 795, 70 Stat. 732.) ------DocID 41410 Document 323 of 1444------ -CITE- 36 USC Sec. 187 -EXPCITE- TITLE 36 CHAPTER 10 -HEAD- Sec. 187. National floral emblem -STATUTE- The flower commonly known as the rose is designated and adopted as the national floral emblem of the United States of America, and the President of the United States is authorized and requested to declare such fact by proclamation. -SOURCE- (Pub. L. 99-449, Oct. 7, 1986, 100 Stat. 1128.) -EXEC- PROC. NO. 5574. THE ROSE PROCLAIMED THE NATIONAL FORAL EMBLEM OF THE UNITED STATES OF AMERICA Proc. No. 5574, Nov. 20, 1986, 51 F.R. 42197, provided: Americans have always loved the flowers with which God decorates our land. More often than any other flower, we hold the rose dear as the symbol of life and love and devotion, of beauty and eternity. For the love of man and woman, for the love of mankind and God, for the love of country, Americans who would speak the language of the heart do so with a rose. We see proofs of this everywhere. The study of fossils reveals that the rose has existed in America for age upon age. We have always cultivated roses in our gardens. Our first President, George Washington, bred roses, and a variety he named after his mother is still grown today. The White House itself boasts a beautiful Rose Garden. We grow roses in all our fifty States. We find roses throughout our art, music, and literature. We decorate our celebrations and parades with roses. Most of all, we present roses to those we love, and we lavish them on our altars, our civil shrines, and the final resting places of our honored dead. The American people have long held a special place in their hearts for roses. Let us continue to cherish them, to honor the love and devotion they represent, and to bestow them on all we love just as God has bestowed them on us. The Congress, by Senate Joint Resolution 159 (Pub. L. 99-449, 36 U.S.C. 187), has designated the rose as the National Floral Emblem of the United States and authorized and requested the President to issue a proclamation declaring this fact. NOW, THEREFORE, I, RONALD REAGAN, President of the United States of America, do hereby proclaim the rose as the National Floral Emblem of the United States of America. IN WITNESS WHEREOF, I have hereunto set my hand this twentieth day of November, in the year of our Lord nineteen hundred and eighty-six, and of the Independence of the United States of America the two hundred and eleventh. Ronald Reagan. ------DocID 41411 Document 324 of 1444------ -CITE- 36 USC Sec. 188 -EXPCITE- TITLE 36 CHAPTER 10 -HEAD- Sec. 188. National march -STATUTE- The composition by John Philip Sousa entitled 'The Stars and Stripes Forever' is hereby designated as the national march of the United States of America. -SOURCE- (Pub. L. 100-186, Dec. 11, 1987, 101 Stat. 1286.) ------DocID 41412 Document 325 of 1444------ -CITE- 36 USC Sec. 189 -EXPCITE- TITLE 36 CHAPTER 10 -HEAD- Sec. 189. Recognition of National League of Families POW/MIA flag -STATUTE- The National League of Families POW/MIA flag is hereby recognized officially and designated as the symbol of our Nation's concern and commitment to resolving as fully as possible the fates of Americans still prisoner, missing and unaccounted for in Southeast Asia, thus ending the uncertainty for their families and the Nation. -SOURCE- (Pub. L. 101-355, Sec. 2, Aug. 10, 1990, 104 Stat. 416.) ------DocID 41413 Document 326 of 1444------ -CITE- 36 USC CHAPTER 11 -EXPCITE- TITLE 36 CHAPTER 11 -HEAD- CHAPTER 11 - CIVIL AIR PATROL -MISC1- Sec. 201. Corporation created. 202. Objects and purposes of corporation. 203. Membership. 204. Prohibition against issuance of stock or business activities; completion of organization. 205. Powers of corporation. 206. Exclusive right to name, insignia, copyrights, emblems and badges. 207. Annual report. 208. Reservation of right to amend or repeal chapter. ------DocID 41414 Document 327 of 1444------ -CITE- 36 USC Sec. 201 -EXPCITE- TITLE 36 CHAPTER 11 -HEAD- Sec. 201. Corporation created -STATUTE- The following-named persons, to wit: Harold F. Wood, of Alabama; J. M. Morris, of Arizona; Rex P. Hayes, of Arkansas; Bertrand Rhine, of California; J. A. Smethills, of Colorado; W. T. Gilbert, of Connecticut; William J. Simpson, of Delaware; Zack T. Mosley, of Florida; J. L. Dobbins, of Georgia; Leverett Davis, of Idaho; Gordon A. DaCosta, of Illinois; Walker W. Winslow, of Indiana; Don C. Johnston, of Iowa; J. Howard Wilcox, of Kansas; W. S. Rinehart, of Kentucky; Richard G. Jones, of Louisiana; Guy P. Gannett, of Maine; Edward R. Fenimore, of Maryland; John Shennett, of Massachusetts; Ray R. Baker, of Michigan; Clayton N. Wulff, of Minnesota; J. R. Dowd, of Mississippi; L. W. Greene, of Missouri; Roy W. Milligan, of Montana; Rudy C. Mueller, of Nebraska; Eugene H. Howell, of Nevada; John F. Brown, of New Hampshire; Frank D. Carvin, of New Jersey; Lewis W. Graham, of New Mexico; Stuart C. Welch, of New York; Frank E. Dawson, of North Carolina; Irven A. Myhra, of North Dakota; George A. Stone, of Ohio; W. H. Shockey, of Oklahoma; G. Robert Dodson, of Oregon; Phillip F. Neuweiler, of Pennsylvania; Norris W. Rakestraw, of Rhode Island; Dexter C. Martin, of South Carolina; James R. Barnett, of South Dakota; W. C. Whelen, of Tennessee; D. Harold Byrd, of Texas; Joseph D. Bergin, of Utah; William V. Mason, of Vermont; Allan C. Perkinson, of Virginia; E. R. Schiller, of Washington; Hubert H. Stark, of West Virginia; John F. Stratton, of Wisconsin; and Albert W. Dickinson, Junior, of Wyoming, and their associates and successors, are incorporated and declared to be a body corporate by the name of the Civil Air Patrol (hereinafter referred to as the 'corporation'). -SOURCE- (July 1, 1946, ch. 527, Sec. 1, 60 Stat. 346.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 204, 206 of this title. ------DocID 41415 Document 328 of 1444------ -CITE- 36 USC Sec. 202 -EXPCITE- TITLE 36 CHAPTER 11 -HEAD- Sec. 202. Objects and purposes of corporation -STATUTE- The objects and purposes of the corporation shall be - (a) To provide an organization to encourage and aid American citizens in the contribution of their efforts, services, and resources in the development of aviation and in the maintenance of air supremacy, and to encourage and develop by example the voluntary contribution of private citizens to the public welfare; (b) To provide aviation education and training especially to its senior and cadet members; to encourage and foster civil aviation in local communities and to provide an organization of private citizens with adequate facilities to assist in meeting local and national emergencies. -SOURCE- (July 1, 1946, ch. 527, Sec. 2, 60 Stat. 346.) -CROSS- CROSS REFERENCES Citizenship clause, see Const. Amend. 14, Sec. 1. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 201, 206 of this title; title 10 section 9441. ------DocID 41416 Document 329 of 1444------ -CITE- 36 USC Sec. 203 -EXPCITE- TITLE 36 CHAPTER 11 -HEAD- Sec. 203. Membership -STATUTE- Eligibility for membership in the corporation and the rights and privileges of members shall be determined according to the constitution and bylaws of the corporation: Provided, That the original members shall consist of the present Civil Air Patrol membership, numbering more than one hundred thousand senior and cadet members. -SOURCE- (July 1, 1946, ch. 527, Sec. 3, 60 Stat. 346.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 201, 206 of this title. ------DocID 41417 Document 330 of 1444------ -CITE- 36 USC Sec. 204 -EXPCITE- TITLE 36 CHAPTER 11 -HEAD- Sec. 204. Prohibition against issuance of stock or business activities; completion of organization -STATUTE- (a) The corporation shall have no power to issue capital stock or engage in business for pecuniary profit or gain, its objects and purposes being solely of a benevolent character and not for the pecuniary profit or gain of its members. (b) The persons named in section 201 of this title, their associates, and successors are authorized to complete the organization of the corporation by the selection of officers, the adoption of a constitution and bylaws, the promulgation of rules or regulations that may be necessary for the accomplishment of the purposes of this corporation, and the doing of such other acts as may be necessary for such purposes. -SOURCE- (July 1, 1946, ch. 527, Sec. 4, 60 Stat. 347.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 201, 206 of this title. ------DocID 41418 Document 331 of 1444------ -CITE- 36 USC Sec. 205 -EXPCITE- TITLE 36 CHAPTER 11 -HEAD- Sec. 205. Powers of corporation -STATUTE- The corporation shall have perpetual succession and power - (a) To sue and be sued; (b) To acquire, hold, mortgage, and dispose of such real and personal property as may be necessary for its corporate purposes; (c) To accept gifts, legacies, and devises which will further the corporate purposes; (d) To adopt and alter a corporate seal; (e) To adopt and alter a constitution, bylaws, rules and regulations, not inconsistent with law; (f) To establish and maintain offices for the conduct of the affairs of the corporation in the District of Columbia and in the several States and Territories of the United States; (g) To do any and all acts and things necessary and proper to carry into effect the objects and purposes of the corporation. -SOURCE- (July 1, 1946, ch. 527, Sec. 5, 60 Stat. 347.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 201, 206 of this title. ------DocID 41419 Document 332 of 1444------ -CITE- 36 USC Sec. 206 -EXPCITE- TITLE 36 CHAPTER 11 -HEAD- Sec. 206. Exclusive right to name, insignia, copyrights, emblems and badges -STATUTE- The corporation shall have the sole and exclusive right to the name 'Civil Air Patrol' and to have and to use, in carrying out its purposes, all insignia, copyrights, emblems and badges, descriptive or designating marks, and words or phrases now or prior to July 1, 1946 used by the Civil Air Patrol in carrying out its program: Provided, however, That no powers or privileges herein granted shall interfere or conflict with established or vested rights. -SOURCE- (July 1, 1946, ch. 527, Sec. 6, 60 Stat. 347.) -REFTEXT- REFERENCES IN TEXT Herein, referred to in text, means act July 1, 1946, which is classified to sections 201 to 208 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 201 of this title. ------DocID 41420 Document 333 of 1444------ -CITE- 36 USC Sec. 207 -EXPCITE- TITLE 36 CHAPTER 11 -HEAD- Sec. 207. Annual report -STATUTE- The corporation shall make and transmit to Congress each year a report of its proceedings and activities for the preceding calendar year. -SOURCE- (July 1, 1946, ch. 527, Sec. 7, 60 Stat. 347.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 201, 206 of this title. ------DocID 41421 Document 334 of 1444------ -CITE- 36 USC Sec. 208 -EXPCITE- TITLE 36 CHAPTER 11 -HEAD- Sec. 208. Reservation of right to amend or repeal chapter -STATUTE- The right to alter, amend, or repeal this chapter is expressly reserved. -SOURCE- (July 1, 1946, ch. 527, Sec. 8, 60 Stat. 347.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 201, 206 of this title. ------DocID 41422 Document 335 of 1444------ -CITE- 36 USC CHAPTER 12 -EXPCITE- TITLE 36 CHAPTER 12 -HEAD- CHAPTER 12 - RESERVE OFFICERS ASSOCIATION -MISC1- Sec. 221. Corporation created. 222. Completion of organization. 223. Objects and purposes of corporation. 224. Powers of corporation. 225. Membership. 226. Officers. 227. National executive committee. (a) Composition. (b) Election of national officers; tenure; appointments. (c) Composition of national convention. (d) Composition of initial national executive committee. (e) Voting. 228. Acquisition of assets and liabilities of existing association. 229. Prohibition against issuance of stock or business activities. 230. Nonpolitical nature of corporation. 231. Distribution of income or assets to members. 232. Liability for acts of officers and agents. 233. Books and records; inspection. 234. Loans to officers; liability. 235. Repealed. 236. Headquarters; agent for service of process. 237. Agents for service of process. 238. Exclusive right to name, seals, emblems, and badges. 239. Reservation of right to amend or repeal chapter. ------DocID 41423 Document 336 of 1444------ -CITE- 36 USC Sec. 221 -EXPCITE- TITLE 36 CHAPTER 12 -HEAD- Sec. 221. Corporation created -STATUTE- The following-named persons, to wit, Colonel Clarence E. Barnes, Military Intelligence Reserve, Guthrie, Oklahoma; Colonel Henry G. Nulton, Infantry Reserve, 2 Broad Street, Elizabeth, New Jersey; Colonel Horace B. Hanson, Junior, Corps of Engineers Reserve, 700 Eighth Terrace, West Birmingham 4, Alabama; Brigadier General Donald B. Adams, Organized Reserve Corps, 391 Beachmont Drive, New Rochelle, New York; Commander John P. Bracken, United States Naval Reserve, 2107 Fidelity-Philadelphia Trust Building, Philadelphia 9, Pennsylvania; Captain Robert A. Hall, United States Marine Corps Reserve, 4229 Emerson Street, Dallas, Texas; Captain Jesse Draper, United States Naval Reserve, Grant Building, Atlanta, Georgia; Colonel Morris J. Brummer, United States Air Force Reserve, 2017 Mariposa Street, Fresno, California; Captain Milton Zacharias, United States Air Force Reserve, 241 North Broadview, Wichita, Kansas; Captain Richard L. Wynes, United States Air Force Reserve, 2360 Coates Street, Dubuque, Iowa; Lieutenant Colonel Thomas H. King, Judge Advocate Generals Corps, Reserve, 5024 Bradley Boulevard, Chevy Chase, Maryland; Major Guilford D. Cummings, Junior, Corps of Engineers Reserve, 2317 Stary Avenue, Schenectady, New York; Lieutenant Colonel Harry P. Abbott, Chaplain Reserve, 6510 Cautrell Road, Little Rock, Arkansas; Colonel Edward M. Silverberg, Dental Corps Reserve, 809 Republic Building, Denver 2, Colorado; Colonel Eugene P. Walters, Field Artillery Reserve, First Military Government Battalion, A.P.O. 154, care of Postmaster, New York, New York; Lieutenant Commander L. R. Smith, United States Naval Reserve, E. S. S.-INDGHQ-SCAP, A. P. O. 500, San Francisco, California; Colonel William H. Neblett, United States Air Force Reserve, 815 Fifteenth Street Northwest, Washington, District of Columbia; Brigadier General E. A. Evans, Organized Reserve Corps, 6336 Thirty-first Place Northwest, Washington, District of Columbia; Colonel C. M. Boyer, Honorary Reserve, 3518 South Utah Street, Fairlington, Virginia; Colonel John P. Oliver, Judge Advocates General Corps, Reserve, 4524 Fulton Avenue, Van Nuys, California; Colonel John T. Carlton, Armored Cavalry Reserve, 1617 Crestwood Drive, Alexandria, Virginia, their successors, and persons admitted to membership pursuant to the provisions of this chapter, are created a body corporate by the name of Reserve Officers Association of the United States (hereinafter referred to as the 'corporation'), and by such name shall be known, and have perpetual succession and the powers, limitations, and restrictions contained in this chapter. -SOURCE- (June 30, 1950, ch. 431, Sec. 1, 64 Stat. 312.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 222 of this title. ------DocID 41424 Document 337 of 1444------ -CITE- 36 USC Sec. 222 -EXPCITE- TITLE 36 CHAPTER 12 -HEAD- Sec. 222. Completion of organization -STATUTE- A majority of the persons named in section 221 of this title and other persons selected from the membership of the Reserve Officers Association of the United States, an unincorporated association with national headquarters in the District of Columbia, met in national convention in Denver, Colorado, on June 16, 17, 18, and 19, 1948, and then and there, by and through duly elected delegates, adopted a national constitution and bylaws, elected national officers for such association, and did other acts and things necessary to the organization and continuance of the association. Such meeting in national convention, and the doing of such acts and things, on such dates, shall be held and considered to be a completion of the corporate organization of the Reserve Officers Association of the United States, the corporation created by this chapter. -SOURCE- (June 30, 1950, ch. 431, Sec. 2, 64 Stat. 313.) ------DocID 41425 Document 338 of 1444------ -CITE- 36 USC Sec. 223 -EXPCITE- TITLE 36 CHAPTER 12 -HEAD- Sec. 223. Objects and purposes of corporation -STATUTE- The object and purpose of the corporation shall be to support a military policy for the United States that will provide adequate national security and to promote the development and execution thereof. -SOURCE- (June 30, 1950, ch. 431, Sec. 3, 64 Stat. 313.) ------DocID 41426 Document 339 of 1444------ -CITE- 36 USC Sec. 224 -EXPCITE- TITLE 36 CHAPTER 12 -HEAD- Sec. 224. Powers of corporation -STATUTE- The corporation shall have perpetual succession and power - (1) to sue and be sued; (2) to acquire, hold, lease, and dispose of such real and personal property as may be necessary to carry out the corporate object and purpose; (3) to accept gifts, legacies, and devises in furtherance of the corporate object and purpose; (4) to adopt and alter a corporate seal; (5) to adopt and alter a constitution and bylaws not inconsistent with the laws of the United States or of any State; (6) to establish, regulate, and discontinue subordinate departmental subdivisions and local chapters; (7) to adopt and alter emblems and badges; (8) to publish a newspaper, magazine, or other publications; and (9) to do any and all acts and things necessary and proper to carry out the object and purpose of the corporation. -SOURCE- (June 30, 1950, ch. 431, Sec. 4, 64 Stat. 313.) ------DocID 41427 Document 340 of 1444------ -CITE- 36 USC Sec. 225 -EXPCITE- TITLE 36 CHAPTER 12 -HEAD- Sec. 225. Membership -STATUTE- Eligibility for membership in the corporation shall be determined according to the constitution and bylaws of the corporation. -SOURCE- (June 30, 1950, ch. 431, Sec. 5, 64 Stat. 313.) ------DocID 41428 Document 341 of 1444------ -CITE- 36 USC Sec. 226 -EXPCITE- TITLE 36 CHAPTER 12 -HEAD- Sec. 226. Officers -STATUTE- Officers of the corporation shall be a president, three vice presidents, three junior vice presidents, three national executive committeemen, an executive director, a national treasurer, judge advocate, surgeon, chaplain, historian, public relations officer, and such other officers as may be determined in national convention by the corporation. -SOURCE- (June 30, 1950, ch. 431, Sec. 6, 64 Stat. 313.) ------DocID 41429 Document 342 of 1444------ -CITE- 36 USC Sec. 227 -EXPCITE- TITLE 36 CHAPTER 12 -HEAD- Sec. 227. National executive committee -STATUTE- (a) Composition The governing body of the corporation shall be a national executive committee consisting of the president, the last past president, three vice presidents, three junior vice presidents, three national executive committeemen, and the executive director. Each of such persons constituting the national executive committee, except the executive director, shall have one vote upon all matters determined by the committee. (b) Election of national officers; tenure; appointments The national officers of the corporation shall be elected at an annual national convention and shall hold office for one year or until their successors have been duly elected and qualified, except the executive director, the national treasurer, and the national public relations officer, who shall be appointed by the national executive committee. In the event of the death, inability to serve, or resignation of any member of the national executive committee, other than the last past president or the president, the vacancy shall be filled by the existing members of the national executive committee. Any person appointed by the committee to fill a vacancy shall serve until the next national convention when his successor shall be elected for the unexpired term, if any, caused by the vacancy. The national vice president of the same service as the president shall assume the duties and have the powers of the president in the event of his death, inability to serve, resignation, or absence. (c) Composition of national convention The national convention shall be composed of delegates elected by the various departments. (d) Composition of initial national executive committee The present national executive committee is composed of the following: Colonel Clarence E. Barnes, Military Intelligence Reserve, Guthrie, Oklahoma; Colonel William H. Neblett, United States Air Force Reserve, 815 Fifteenth Street Northwest, Washington, District of Columbia; Colonel Henry G. Nulton, Infantry Reserve, 2 Broad Street, Elizabeth, New Jersey; Commander John P. Bracken, United States Naval Reserve, 2107 Fidelity-Philadelphia Trust Building, Philadelphia 9, Pennsylvania; Colonel Morris J. Brummer, United States Air Force Reserve, 2017 Mariposa Street, Fresno, California; Colonel Horace B. Hanson, Junior, Corps of Engineers Reserve, 700 Eighth Terrace, West Birmingham 4, Alabama; Captain Robert A. Hall, United States Marine Corps Reserve, 4229 Emerson Street, Dallas, Texas; Captain Milton Zacharias, United States Air Force Reserve, 241 North Broadview, Wichita, Kansas; Brigadier General Donald B. Adams, Organized Reserve Corps, 391 Beachmont Drive, New Rochelle, New York; Captain Jesse Draper, United States Naval Reserve, Grant Building, Atlanta, Georgia; Captain Richard L. Wynes, United States Air Force Reserve, 2360 Coates Street, Dubuque, Iowa; and Brigadier General E. A. Evans, Organized Reserve Corps, 6336 Thirty-first Place Northwest, Washington, District of Columbia. (e) Voting In conducting the official business of any department or chapter each active member of such department or chapter shall have one vote. -SOURCE- (June 30, 1950, ch. 431, Sec. 7, 64 Stat. 313.) ------DocID 41430 Document 343 of 1444------ -CITE- 36 USC Sec. 228 -EXPCITE- TITLE 36 CHAPTER 12 -HEAD- Sec. 228. Acquisition of assets and liabilities of existing association -STATUTE- The corporation may acquire any or all of the assets of the unincorporated association, known as the Reserve Officers Association of the United States, upon discharging or satisfactorily providing for the payment and discharge of all the liabilities of such unincorporated association. -SOURCE- (June 30, 1950, ch. 431, Sec. 8, 64 Stat. 314.) ------DocID 41431 Document 344 of 1444------ -CITE- 36 USC Sec. 229 -EXPCITE- TITLE 36 CHAPTER 12 -HEAD- Sec. 229. Prohibition against issuance of stock or business activities -STATUTE- The corporation shall have no power to issue capital stock or to engage in business for pecuniary profit or gain. -SOURCE- (June 30, 1950, ch. 431, Sec. 9, 64 Stat. 314.) -CROSS- CROSS REFERENCES Exemption from income tax of certain organizations, see section 501 of Title 26, Internal Revenue Code. ------DocID 41432 Document 345 of 1444------ -CITE- 36 USC Sec. 230 -EXPCITE- TITLE 36 CHAPTER 12 -HEAD- Sec. 230. Nonpolitical nature of corporation -STATUTE- The corporation, and its members and officers as such, shall not contribute to or otherwise support or assist any political party or candidate for elective public office. -SOURCE- (June 30, 1950, ch. 431, Sec. 10, 64 Stat. 314.) ------DocID 41433 Document 346 of 1444------ -CITE- 36 USC Sec. 231 -EXPCITE- TITLE 36 CHAPTER 12 -HEAD- Sec. 231. Distribution of income or assets to members -STATUTE- No part of the income or assets of the corporation shall inure to any member or officer thereof, or be distributable to any such person except upon dissolution and final liquidation of the corporation when, after the discharge or satisfaction of all outstanding obligations and liabilities, the remaining assets of the corporation shall be divided equally among the then active members and officers. -SOURCE- (June 30, 1950, ch. 431, Sec. 11, 64 Stat. 314.) ------DocID 41434 Document 347 of 1444------ -CITE- 36 USC Sec. 232 -EXPCITE- TITLE 36 CHAPTER 12 -HEAD- Sec. 232. Liability for acts of officers and agents -STATUTE- The corporation shall be liable for the acts of its officers and agents when acting within the scope of their authority. -SOURCE- (June 30, 1950, ch. 431, Sec. 12, 64 Stat. 314.) ------DocID 41435 Document 348 of 1444------ -CITE- 36 USC Sec. 233 -EXPCITE- TITLE 36 CHAPTER 12 -HEAD- Sec. 233. Books and records; inspection -STATUTE- The corporation shall keep current and complete books and records of account and shall also keep minutes of the proceedings of the national conventions, the national executive committee, and the national council. It shall keep at its principal office a record of the names and addresses of its members entitled to vote. All books and records of the corporation may be inspected by any member or his agent or attorney for any proper purpose at any reasonable time. -SOURCE- (June 30, 1950, ch. 431, Sec. 13, 64 Stat. 314.) ------DocID 41436 Document 349 of 1444------ -CITE- 36 USC Sec. 234 -EXPCITE- TITLE 36 CHAPTER 12 -HEAD- Sec. 234. Loans to officers; liability -STATUTE- The corporation shall not make any loans to its officers or members of the national executive committee. Any member of the national executive committee who votes for or assents to the making of a loan or advance to an officer of the corporation, and any officer who participates in the making of such a loan or advance, shall be jointly and severally liable to the corporation for the amount of such loan until the repayment thereof. -SOURCE- (June 30, 1950, ch. 431, Sec. 14, 64 Stat. 314.) ------DocID 41437 Document 350 of 1444------ -CITE- 36 USC Sec. 235 -EXPCITE- TITLE 36 CHAPTER 12 -HEAD- Sec. 235. Repealed. Pub. L. 88-504, Sec. 4(12), Aug. 30, 1964, 78 Stat. 637 -MISC1- Section, act June 30, 1950, ch. 431, Sec. 15, 64 Stat. 315, related to audit of financial transactions and report of such audit to Congress. See sections 1101 to 1103 of this title. ------DocID 41438 Document 351 of 1444------ -CITE- 36 USC Sec. 236 -EXPCITE- TITLE 36 CHAPTER 12 -HEAD- Sec. 236. Headquarters; agent for service of process -STATUTE- The national headquarters of the corporation shall be located in the District of Columbia. The corporation shall maintain at all times in the District a designated agent authorized to accept service of legal process for the corporation. Notice to or service upon such agent shall be deemed to be notice to or service upon the corporation. -SOURCE- (June 30, 1950, ch. 431, Sec. 16, 64 Stat. 315.) ------DocID 41439 Document 352 of 1444------ -CITE- 36 USC Sec. 237 -EXPCITE- TITLE 36 CHAPTER 12 -HEAD- Sec. 237. Agents for service of process -STATUTE- As a condition precedent to the exercise of any power or privilege granted or conferred under this chapter, the corporation shall file in the office of the secretary of state, or similar officer, in each State and in each Territory or possession of the United States, in which subordinate departments and local chapters are organized, the name and post office address of an authorized agent in such State upon whom legal process or demands against the corporation may be served. -SOURCE- (June 30, 1950, ch. 431, Sec. 17, 64 Stat. 315.) ------DocID 41440 Document 353 of 1444------ -CITE- 36 USC Sec. 238 -EXPCITE- TITLE 36 CHAPTER 12 -HEAD- Sec. 238. Exclusive right to name, seals, emblems, and badges -STATUTE- The corporation and its subordinate departmental subdivisions and local chapters shall have the sole and exclusive right to have, and to use in carrying out its object and purpose, the name of 'Reserve Officers Association of the United States' and such seals, emblems, and badges as the corporation may lawfully adopt. -SOURCE- (June 30, 1950, ch. 431, Sec. 18, 64 Stat. 315.) ------DocID 41441 Document 354 of 1444------ -CITE- 36 USC Sec. 239 -EXPCITE- TITLE 36 CHAPTER 12 -HEAD- Sec. 239. Reservation of right to amend or repeal chapter -STATUTE- The right to alter, amend, or repeal this chapter is expressly reserved. -SOURCE- (June 30, 1950, ch. 431, Sec. 19, 64 Stat. 315.) ------DocID 41442 Document 355 of 1444------ -CITE- 36 USC CHAPTER 13 -EXPCITE- TITLE 36 CHAPTER 13 -HEAD- CHAPTER 13 - NATIONAL ACADEMY OF SCIENCES -MISC1- Sec. 251. Corporation created. 252. Powers of corporation. 253. Meeting; duties; expenses and compensation. 254. Acquisition of property by devise, bequest, donation, or otherwise; limitation of real estate. ------DocID 41443 Document 356 of 1444------ -CITE- 36 USC Sec. 251 -EXPCITE- TITLE 36 CHAPTER 13 -HEAD- Sec. 251. Corporation created -STATUTE- Louis Agassiz, Massachusetts; J. H. Alexander, Maryland; S. Alexander, New Jersey; A. D. Bache, at large; F. B. Barnard, at large; J. G. Barnard, United States army, Massachusetts; W. H. C. Bartlett, United States Military Academy, Missouri; U. A. Boyden, Massachusetts; Alexis Caswell, Rhode Island; William Chauvenet, Missouri; J. H. C. Coffin, United States Naval Academy, Maine; J. A. Dahlgren, United States navy, Pennsylvania; J. D. Dana, Connecticut; Charles H. Davis, United States navy, Massachusetts; George Engelmann, St. Louis, Missouri; J. F. Frazer, Pennsylvania; Wolcott Gibbs, New York; J. M. Gilless, United States navy, District of Columbia; A. A. Gould, Massachusetts; B. A. Gould, Massachusetts; Asa Gray, Massachusetts; A. Guyot, New Jersey; James Hall, New York; Joseph Henry, at large; J. E. Hilgard, at large, Illinois; Edward Hitchcock, Massachusetts; J. S. Hubbard, United States naval observatory, Connecticut; A. A. Humphreys, United States army, Pennsylvania; J. L. Le Conte, United States army, Pennsylvania; J. Leidy, Pennsylvania; J. P. Lesley, Pennsylvania; M. F. Longstreth, Pennsylvania; D. H. Mahan, United States Military Academy, Virginia; J. S. Newberry, Ohio; H. A. Newton, Connecticut; Benjamin Peirce, Massachusetts; John Rodgers, United States navy, Indiana; Fairman Rogers, Pennsylvania; R. E. Rogers, Pennsylvania; W. B. Rogers, Massachusetts; L. M. Rutherford, New York; Joseph Saxton, at large; Benjamin Silliman, Connecticut; Benjamin Silliman, junior, Connecticut; Theodore Strong, New Jersey; John Torrey, New York; J. G. Totten, United States army, Connecticut; Joseph Winlock, United States Nautical Almanac, Kentucky; Jeffries Wyman, Massachusetts; J. D. Whitney, California, their associates and successors duly chosen, are incorporated, constituted, and declared to be a body corporate, by the name of the National Academy of Sciences. -SOURCE- (Mar. 3, 1863, ch. 111, Sec. 1, 12 Stat. 806.) ------DocID 41444 Document 357 of 1444------ -CITE- 36 USC Sec. 252 -EXPCITE- TITLE 36 CHAPTER 13 -HEAD- Sec. 252. Powers of corporation -STATUTE- The National Academy of Sciences shall have power to make its own organization, including its constitution, by-laws, and rules and regulations; to fill all vacancies created by death, resignation, or otherwise; to provide for the election of foreign and domestic members, the division into classes, and all other matters needful or usual in such institution, and to report the same to Congress. -SOURCE- (Mar. 3, 1863, ch. 111, Sec. 2, 12 Stat. 806; July 14, 1870, ch. 264, 16 Stat. 277.) -COD- CODIFICATION Provisions of this section which limited the National Academy of Sciences to not more than fifty ordinary members were omitted by act July 14, 1870. ------DocID 41445 Document 358 of 1444------ -CITE- 36 USC Sec. 253 -EXPCITE- TITLE 36 CHAPTER 13 -HEAD- Sec. 253. Meeting; duties; expenses and compensation -STATUTE- The National Academy of Sciences shall hold an annual meeting at such place in the United States as may be designated, and the academy shall, whenever called upon by any department of the Government, investigate, examine, experiment, and report upon any subject of science or art, the actual expense of such investigations, examinations, experiments, and reports, to be paid from appropriations which may be made for the purpose, but the academy shall receive no compensation whatever for any services to the Government of the United States. -SOURCE- (Mar. 3, 1863, ch. 111, Sec. 3, 12 Stat. 806.) -EXEC- EX. ORD. NO. 2859. NATIONAL RESEARCH COUNCIL OF NATIONAL ACADEMY OF SCIENCES Ex. Ord. No. 2859, May 11, 1918, as amended by Ex. Ord. No. 10668, May 10, 1956, 21 F.R. 3155, provided: WHEREAS the National Research Council (hereinafter referred to as the Council) was organized in 1916 at the request of the President by the National Academy of Sciences, under its congressional charter, as a measure of national preparedness; and WHEREAS in recognition of the work accomplished by the National Academy of Sciences through the Council in organizing research, in furthering science, and in securing cooperation of government and non-government agencies in the solution of their problems, the Council has been perpetuated by the Academy as requested by the President in Executive Order No 2859 of May 11, 1918; and WHEREAS the effective prosecution of the Council's work requires the close cooperation of the scientific and technical branches of the Government, both military and civil, and makes representation of the Government on the Council desirable: NOW, THEREFORE, by virtue of the authority vested in me as President of the United States, it is ordered as follows: 1. The functions of the Council shall be as follows: (a) In general, to stimulate research in the mathematical, physical, and biological sciences, and in the application of these sciences to engineering, agriculture, medicine, and other useful arts, with the object of increasing knowledge, of strengthening the national defense, and of contributing in other ways to the public welfare. (b) To survey the broad possibilities of science, to formulate comprehensive projects of research, and to develop effective means of utilizing the scientific and technical resources of the country for dealing with such projects. (c) To promote cooperation in research, at home and abroad, in order to secure concentration of effort, minimize duplication, and stimulate progress; but in all cooperative undertakings to give encouragement to individual initiative, as fundamentally important to the advancement of science. (d) To serve as a means of bringing American and foreign investigators into active cooperation with the scientific and technical services of the Department of Defense and of the civil branches of the Government. (e) To direct the attention of scientific and technical investigators to the importance of military and industrial problems in connection with national defense, and to aid in the solution of these problems by organizing specific researches. (f) To gather and collate scientific and technical information, at home and abroad, in cooperation with governmental and other agencies, and to render such information available to duly accredited persons. 2. The Government shall be represented on the Council by members who are officers or employees of specified departments and agencies of the executive branch of the Government. The National Academy of Sciences shall specify, from time to time, the departments and agencies from which Government members shall be designated, and shall determine from time to time, the number of Government members who shall be designated from each such department and agency. The head of each such specified department or agency shall designate the officers and employees from his department or agency, in such numbers as the National Academy of Sciences shall determine, who shall be members of the Council, but shall designate only those persons who are acceptable to the Academy. This order shall not be construed as terminating the tenure of any person who has heretofore been designated as a member of the Council. Dwight D. Eisenhower. ------DocID 41446 Document 359 of 1444------ -CITE- 36 USC Sec. 254 -EXPCITE- TITLE 36 CHAPTER 13 -HEAD- Sec. 254. Acquisition of property by devise, bequest, donation, or otherwise; limitation of real estate -STATUTE- The National Academy of Sciences, incorporated by this chapter, be, and the same is, authorized and empowered to receive, by devise, bequest, donation, or otherwise, either real or personal property, and to hold the same absolutely or in trust, and to invest, reinvest, and manage the same in accordance with the provisions of its constitution, and to apply said property and the income arising therefrom to the objects of its creation and according to the instructions of the donors: Provided, however, That the Congress may at any time limit the amount of real estate which may be acquired and the length of time the same may be held by said National Academy of Sciences. -SOURCE- (June 20, 1884, ch. 107, 23 Stat. 50; May 27, 1914, ch. 101, Sec. 1, 38 Stat. 383.) -COD- CODIFICATION Section was not enacted as part of act Mar. 3, 1863, which comprises this chapter. Act May 27, 1914, extended the right to receive property. -MISC3- RESERVATION OF RIGHT TO ALTER, AMEND, OR REPEAL Section 2 of act May 27, 1914, provided: 'That the right to alter, amend, or repeal this Act (amending this section) is hereby expressly reserved.' ------DocID 41447 Document 360 of 1444------ -CITE- 36 USC CHAPTER 14 -EXPCITE- TITLE 36 CHAPTER 14 -HEAD- CHAPTER 14 - FUTURE FARMERS OF AMERICA -MISC1- Sec. 271. Corporation created. 272. Completion of organization. 273. Objects and purposes of corporation. 274. Powers of corporation. 275. Headquarters and principal office; territorial scope of activities; agent for service of process. 276. Membership; voting rights. 277. National officers. (a) Composition. (b) Board of student officers. (c) Election. (d) Vote at national convention. 278. Board of directors. (a) Composition. (b) Tenure. (c) Meetings. (d) Governing committee. (e) Transition board. 279. Restrictions. (a) Distribution of income or assets to members. (b) Loans. (c) Prizes, awards, grants, or loans to student officers and members meeting criteria. 280. Nonpolitical nature of corporation. 281. Liability for acts of officers and agents. 282. Prohibition against issuance of stock or payment of dividends. 283. Books and records; inspection. 284. Repealed. 285. Use of assets on dissolution or liquidation. 286. Exclusive right to name, emblems, seals, and badges. 287. Agents for service of process. 288. Availability of personnel, services, and facilities of Department of Education. 289. Acquisition of assets and liabilities of existing corporation. 290. Effective date. 291. Reservation of right to amend or repeal chapter. ------DocID 41448 Document 361 of 1444------ -CITE- 36 USC Sec. 271 -EXPCITE- TITLE 36 CHAPTER 14 -HEAD- Sec. 271. Corporation created -STATUTE- The following persons: William T. Spanton, Washington, District of Columbia; Dudley M. Clements, College Park, Maryland; Herbert B. Swanson, Washington, District of Columbia; R. Edward Naugher, Arlington, Virginia; Elmer J. Johnson, Arlington, Virginia; Rodolph D. Anderson, Columbia, South Carolina; Earl H. Little, Concord, New Hampshire; Bert L. Brown, Olympia, Washington; and Ralph A. Howard, Columbus, Ohio, are created a body corporate by the name of Future Farmers of America (hereinafter referred to as the 'corporation') and by such name shall be known and have perpetual succession and the powers and limitations contained in this chapter. -SOURCE- (Aug. 30, 1950, ch. 823, Sec. 1, 64 Stat. 563.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 272, 278, 290 of this title. ------DocID 41449 Document 362 of 1444------ -CITE- 36 USC Sec. 272 -EXPCITE- TITLE 36 CHAPTER 14 -HEAD- Sec. 272. Completion of organization -STATUTE- The persons named in section 271 of this title are authorized to meet to complete the organization of the corporation by the selection of officers, the adoption of regulations and bylaws, and the doing of such other acts as may be necessary for such purpose. -SOURCE- (Aug. 30, 1950, ch. 823, Sec. 2, 64 Stat. 563.) ------DocID 41450 Document 363 of 1444------ -CITE- 36 USC Sec. 273 -EXPCITE- TITLE 36 CHAPTER 14 -HEAD- Sec. 273. Objects and purposes of corporation -STATUTE- The objects and purposes of the corporation shall be - (1) to create, foster, and assist subsidiary chapters composed of students and former students of vocational agriculture in public schools qualifying for Federal reimbursement under the Smith-Hughes Vocational Education Act (20 U.S.C. 11 et seq.) or the Vocational Education Act of 1946, and associations of such chapters in the several States and Territories of the United States; (2) to develop character, train for useful citizenship, and foster patriotism, and thereby to develop competent, aggressive rural and agricultural leadership; (3) to create and nurture a love of country life by encouraging members to improve the farm home and its surroundings, to develop organized rural recreational activities, and to create more interest in the intelligent choice of farming occupations; (4) to encourage the practice of thrift; (5) to procure for and distribute to State associations, local chapters, and members all official Future Farmers of America supplies and equipment; (6) to publish an official magazine and other publications for the members of the corporation; (7) to strengthen the confidence of farm boys and young men in themselves and their work, to encourage members in the development of individual farming programs, and to promote their permanent establishment in farming by (a) encouraging improvement in scholarship; (b) providing prizes and awards to deserving students who have achieved distinction in vocational agriculture, including farm mechanics activities on a local, State, or national basis; and (c) assisting financially, through loans or grants, deserving students in all-day vocational agriculture classes and young farmers under thirty years of age who were former students in all-day vocational agriculture classes in becoming satisfactorily established in a farming occupation; and (8) to cooperate with others, including State boards for vocational education, in accomplishing the above purposes; and to engage in such other activities, consistent with the foregoing purposes, determined by the governing body to be for the best interests of the corporation. -SOURCE- (Aug. 30, 1950, ch. 823, Sec. 3, 64 Stat. 563.) -REFTEXT- REFERENCES IN TEXT The Smith-Hughes Vocational Education Act, referred to in par. (1), is act Feb. 23, 1917, ch. 114, 39 Stat. 929, as amended, which is classified to sections 11 to 15 and 16 to 28 of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 11 of Title 20 and Tables. The Vocational Education Act of 1946, referred to in par. (1), is act June 8, 1936, ch. 541, 49 Stat. 1488, as amended, which was classified to sections 15h to 15ggg of Title 20, and was repealed by Pub. L. 90-576, title I, Sec. 103, Oct. 16, 1968, 82 Stat. 1091. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 274 of this title. ------DocID 41451 Document 364 of 1444------ -CITE- 36 USC Sec. 274 -EXPCITE- TITLE 36 CHAPTER 14 -HEAD- Sec. 274. Powers of corporation -STATUTE- The corporation shall have power - (1) to sue and be sued, complain, and defend in any court of competent jurisdiction; (2) to adopt, use, and alter a corporate seal; (3) to choose such officers, managers, agents, and employees as the business of the corporation may require; (4) to adopt and alter bylaws and regulations, not inconsistent with the laws of the United States or any State in which such corporation is to operate, for the management of its property and the regulation of its affairs, including the establishment and maintenance of local chapters and State associations of chapters; (5) to contract and be contracted with; (6) to take and hold by lease, gift, purchase, grant, devise, or bequest any property, real or personal, necessary for attaining the objects and accomplishing the purposes of the corporation, subject to applicable provisions of law of any State (A) governing the amount or kind of real and personal property which may be held by, or (B) otherwise limiting or controlling the ownership of real and personal property by, a corporation operating in such State; (7) to transfer and convey real or personal property; (8) to borrow money for the purposes of the corporation, issue bonds therefor, and secure the same by mortgage, subject to all applicable provisions of Federal or State law; (9) to use the corporate funds to give prizes, awards, loans, and grants to deserving students and young farmers for the purposes set forth in section 273 of this title; (10) to publish a magazine and other publications; (11) to procure for and distribute to State associations, local chapters, and members all official Future Farmers of America supplies and equipment; (12) to adopt emblems and badges; and (13) to do any and all acts and things necessary and proper to carry out the objects and purposes of the corporation. -SOURCE- (Aug. 30, 1950, ch. 823, Sec. 4, 64 Stat. 564.) ------DocID 41452 Document 365 of 1444------ -CITE- 36 USC Sec. 275 -EXPCITE- TITLE 36 CHAPTER 14 -HEAD- Sec. 275. Headquarters and principal office; territorial scope of activities; agent for service of process -STATUTE- The headquarters and principal offices of the corporation shall be located in the District of Columbia, but the activities of the corporation shall not be confined to that place but may be conducted throughout the various States, Territories, and possessions of the United States. The corporation shall maintain at all times in the District of Columbia a designated agent authorized to accept service of process for the corporation, such designation to be filed in the office of the clerk of the United States District Court for the District of Columbia. Notice to or service upon such agent, or mailed to the business address of such agent, shall be deemed sufficient notice or service upon the corporation. -SOURCE- (Aug. 30, 1950, ch. 823, Sec. 5, 64 Stat. 565.) ------DocID 41453 Document 366 of 1444------ -CITE- 36 USC Sec. 276 -EXPCITE- TITLE 36 CHAPTER 14 -HEAD- Sec. 276. Membership; voting rights -STATUTE- Eligibility for membership in the corporation and the rights and privileges of members shall, except as provided in this chapter, be determined according to the bylaws of the corporation. In the conduct of official business of any local chapter each member shall have one vote. In the conduct of the official business of any State association each qualified delegate of a local chapter shall have one vote. -SOURCE- (Aug. 30, 1950, ch. 823, Sec. 6, 64 Stat. 565.) ------DocID 41454 Document 367 of 1444------ -CITE- 36 USC Sec. 277 -EXPCITE- TITLE 36 CHAPTER 14 -HEAD- Sec. 277. National officers -STATUTE- (a) Composition The national officers of the corporation shall be a student president, four student vice presidents (one from each of four regions of the United States established in the bylaws for purposes of administration of the corporation), a student secretary, an executive secretary, a treasurer, and a national advisor. (b) Board of student officers The national student officers of the corporation shall comprise a board of student officers. It shall be the duty of such board to advise and make recommendations to the board of directors with respect to the conduct of the activities and business of the corporation. (c) Election The national officers of the corporation shall be elected annually by a majority vote of the delegates assembled in the annual national convention from among qualified members of the corporation, except that the national advisor shall be the Secretary of Education, the executive secretary shall be a member of the Department of Education, and the treasurer shall be an employee or member of a State agency that directs or supervises a State program of agricultural education under the provisions of the Smith-Hughes Vocational Education Act (20 U.S.C. 11 et seq.) or the Vocational Education Act of 1946. (d) Vote at national convention In the conduct of the business of the annual national convention each qualified delegate shall have one vote. -SOURCE- (Aug. 30, 1950, ch. 823, Sec. 7, 64 Stat. 565; 1953 Reorg. Plan. No. 1, Sec. 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Oct. 17, 1979, Pub. L. 96-88, title III, Sec. 301(a)(1), (b)(2), title V, Sec. 507, 93 Stat. 677, 678, 692.) -REFTEXT- REFERENCES IN TEXT The Smith-Hughes Vocational Education Act, referred to in subsec. (c), is act Feb. 23, 1917, ch. 114, 39 Stat. 929, as amended, which is classified to sections 11 to 15 and 16 to 28 of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 11 of Title 20 and Tables. The Vocational Education Act of 1946, referred to in subsec. (c), is act June 8, 1936, ch. 541, 49 Stat. 1488, as amended, which was classified to sections 15h to 15q, 15aa to 15jj, and 15aaa to 15ggg of Title 20, and was repealed by section 103 of Pub. L. 90-576, title I, Oct. 16, 1968, 82 Stat. 1091. -TRANS- TRANSFER OF FUNCTIONS 'Secretary of Education' and 'the Department of Education' substituted for 'Chief of the Agricultural Education Service, Office of Education, Department of Health, Education, and Welfare' and 'that service', respectively, in subsec. (c), pursuant to sections 301(a)(1), (b)(2) and 507 of Pub. L. 96-88, which are classified to sections 3441(a)(1), (b)(2) and 3507 of Title 20, Education, and which transferred all functions of Office of Education to Secretary of Education and transferred Office of Education to Department of Education. Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out in the Appendix to Title 5, Government Organization and Employees. Federal Security Agency and office of Administrator abolished by section 8 of the Reorg. Plan No. 1 of 1953. ------DocID 41455 Document 368 of 1444------ -CITE- 36 USC Sec. 278 -EXPCITE- TITLE 36 CHAPTER 14 -HEAD- Sec. 278. Board of directors -STATUTE- (a) Composition The governing body of the corporation, which shall exercise the powers herein granted to the corporation, shall be a board of directors composed of: (1) the Secretary of Education, who shall act as chairman; (2) four staff members in the Department of Education; and (3) four State supervisors of agricultural education. (b) Tenure The terms of office of members of the board and the method of selection of such members, other than ex officio members, shall be prescribed by the bylaws of the corporation. (c) Meetings The board shall meet at least once each year at such time and place as may be prescribed by the bylaws. The annual report of the board shall be presented at such meeting. Special meetings of the board may be called at any time by the chairman. (d) Governing committee The board may designate the chairman and two members of his staff as a governing committee which, when the board is not in session, shall have and exercise the powers of the board subject to its direction and have the power to authorize the seal of the corporation to be affixed to all papers which may require it. (e) Transition board The board of directors which shall serve until the first board is selected as provided in this chapter shall be composed of the nine persons named in section 271 of this title. -SOURCE- (Aug. 30, 1950, ch. 823, Sec. 8, 64 Stat. 565; 1953 Reorg. Plan. No. 1, Sec. 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Oct. 17, 1979, Pub. L. 96-88, title III, Sec. 301(a)(1), (b)(2), title V, Sec. 507, 93 Stat. 677, 678, 692.) -TRANS- TRANSFER OF FUNCTIONS 'Secretary of Education' and 'Department of Education' substituted for 'Chief of the Agricultural Education Service, Office of Education, Department of Health, Education, and Welfare' and 'Agricultural Education Service, Office of Education, Department of Health, Education, and Welfare', respectively, in subsec. (a), pursuant to sections 301(a)(1), (b)(2) and 507 of Pub. L. 96-88, which are classified to sections 3441(a)(1), (b)(2), and 3507 of Title 20, Education, and which transferred all functions of Office of Education to Secretary of Education and transferred Office of Education to Department of Education. Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out in the Appendix to Title 5, Government Organization and Employees. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953. ------DocID 41456 Document 369 of 1444------ -CITE- 36 USC Sec. 279 -EXPCITE- TITLE 36 CHAPTER 14 -HEAD- Sec. 279. Restrictions -STATUTE- (a) Distribution of income or assets to members No part of the income or assets of the corporation shall inure to any member, officer, or director, or be distributable to any such person except upon dissolution and final liquidation of the corporation as provided in section 285 of this title. (b) Loans The corporation shall not make loans to its officers, directors, or employees. Any director who votes for or assents to the making of a loan to an officer, director, or employee of the corporation, and any officer who participates in the making of such a loan shall be jointly and severally liable to the corporation for the amount of such loan until the repayment thereof. (c) Prizes, awards, grants, or loans to student officers and members meeting criteria This section shall not preclude prizes, awards, grants, or loans to student officers and members meeting the criteria established by the board of directors for selecting recipients of such benefits. -SOURCE- (Aug. 30, 1950, ch. 823, Sec. 9, 64 Stat. 566.) ------DocID 41457 Document 370 of 1444------ -CITE- 36 USC Sec. 280 -EXPCITE- TITLE 36 CHAPTER 14 -HEAD- Sec. 280. Nonpolitical nature of corporation -STATUTE- The corporation, and its members, officers, and directors, as such, shall not contribute to or otherwise support or assist any political party or candidate for elective public office. -SOURCE- (Aug. 30, 1950, ch. 823, Sec. 10, 64 Stat. 566.) ------DocID 41458 Document 371 of 1444------ -CITE- 36 USC Sec. 281 -EXPCITE- TITLE 36 CHAPTER 14 -HEAD- Sec. 281. Liability for acts of officers and agents -STATUTE- The corporation shall be liable for the acts of its officers and agents when acting within the scope of their authority. -SOURCE- (Aug. 30, 1950, ch. 823, Sec. 11, 64 Stat. 566.) ------DocID 41459 Document 372 of 1444------ -CITE- 36 USC Sec. 282 -EXPCITE- TITLE 36 CHAPTER 14 -HEAD- Sec. 282. Prohibition against issuance of stock or payment of dividends -STATUTE- The corporation shall have no power to issue any shares or stock, or to declare or pay any dividends, its objects and purposes being solely educational. -SOURCE- (Aug. 30, 1950, ch. 823, Sec. 12, 64 Stat. 566.) ------DocID 41460 Document 373 of 1444------ -CITE- 36 USC Sec. 283 -EXPCITE- TITLE 36 CHAPTER 14 -HEAD- Sec. 283. Books and records; inspection -STATUTE- The corporation shall keep correct and complete books and records of account and shall also keep minutes of the proceedings of its members, the board of directors, and committees having any authority under the board of directors; and it shall also keep a record of the names and addresses of its members entitled to vote. All books and records of the corporation may be inspected by any member or his agent or attorney at any reasonable time. -SOURCE- (Aug. 30, 1950, ch. 823, Sec. 13, 64 Stat. 566.) ------DocID 41461 Document 374 of 1444------ -CITE- 36 USC Sec. 284 -EXPCITE- TITLE 36 CHAPTER 14 -HEAD- Sec. 284. Repealed. Pub. L. 88-504, Sec. 4(13), Aug. 30, 1964, 78 Stat. 637 -MISC1- Section, act Aug. 30, 1950, ch. 823, Sec. 14, 64 Stat. 566, related to audit of financial transactions and report of such audit to Congress. See sections 1101 to 1103 of this title. ------DocID 41462 Document 375 of 1444------ -CITE- 36 USC Sec. 285 -EXPCITE- TITLE 36 CHAPTER 14 -HEAD- Sec. 285. Use of assets on dissolution or liquidation -STATUTE- Upon final dissolution or liquidation of the corporation and after the discharge or satisfaction of all outstanding obligations and liabilities, the remaining assets of the corporation shall be used by the board of directors for the benefit of students of vocational agriculture, or be transferred to some recognized educational foundation. -SOURCE- (Aug. 30, 1950, ch. 823, Sec. 15, 64 Stat. 566.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 279 of this title. ------DocID 41463 Document 376 of 1444------ -CITE- 36 USC Sec. 286 -EXPCITE- TITLE 36 CHAPTER 14 -HEAD- Sec. 286. Exclusive right to name, emblems, seals, and badges -STATUTE- The corporation, and its duly authorized chapters and associations of chapters, shall have the sole and exclusive right to use the name of Future Farmers of America and the initials FFA as representing an agricultural membership organization and such seals, emblems, and badges as the corporation may lawfully adopt. -SOURCE- (Aug. 30, 1950, ch. 823, Sec. 16, 64 Stat. 566.) ------DocID 41464 Document 377 of 1444------ -CITE- 36 USC Sec. 287 -EXPCITE- TITLE 36 CHAPTER 14 -HEAD- Sec. 287. Agents for service of process -STATUTE- As a condition precedent to the exercise of any power or privilege granted to the corporation under this chapter, the corporation shall file in the Office of the Secretary of State, or similar officer, in each State and in each Territory or possession of the United States in which subordinate associations or chapters are organized the name, and post office address of an authorized agent in such State, Territory, or possession upon whom legal process or demands against the corporation may be served. -SOURCE- (Aug. 30, 1950, ch. 823, Sec. 17, 64 Stat. 567.) ------DocID 41465 Document 378 of 1444------ -CITE- 36 USC Sec. 288 -EXPCITE- TITLE 36 CHAPTER 14 -HEAD- Sec. 288. Availability of personnel, services, and facilities of Department of Education -STATUTE- The Secretary of Education is authorized to make available personnel, services, and facilities of the Department of Education requested by the board of directors of the corporation to administer or assist in the administration of the business and activities of the corporation. The personnel of the Department of Education shall not receive any compensation from the corporation for their services, except that travel and other legitimate expenses as defined by the Secretary of Education and approved by the board of directors of the corporation may be paid. The Secretary of Education is also authorized to cooperate with the State boards for vocational education to assist in the promotion of the activities of the corporation. -SOURCE- (Aug. 30, 1950, ch. 823, Sec. 18, 64 Stat. 567; 1953 Reorg. Plan No. 1, Sec. 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Oct. 17, 1979, Pub. L. 96-88, title III, Sec. 301(a), (b)(2), title V, Sec. 507, 93 Stat. 677, 678, 692.) -COD- CODIFICATION The words ', with the approval of the Secretary of Health, Education, and Welfare,' which followed 'Secretary of Education' the first time it appears and ', with the approval of the Secretary,' which followed 'The Secretary of Education' the third time it appears have been omitted in view of transfer of functions (relating to education) of Secretary of Health, Education, and Welfare to Secretary of Education pursuant to sections 301(a) and 507 of Pub. L. 96-88, which are classified to sections 3441(a) and 3507 of Title 20, Education. This transfer would result in these phrases being redundant in that they would provide for the Secretary to obtain his own approval. -TRANS- TRANSFER OF FUNCTIONS 'Secretary of Education' substituted for 'United States Commissioner of Education', 'Commissioner of Education', and 'Commissioner' and 'Department of Education' was substituted for 'Office of Education' in text pursuant to sections 301(a)(1), (b)(2) and 507 of Pub. L. 96-88, which are classified to sections 3441(a)(1), (b)(2) and 3507 of Title 20, Education, and which transferred all functions of Commissioner of Education to Secretary of Education and transferred Office of Education to Department of Education. Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out in the Appendix to Title 5, Government Organization and Employees. Federal Security Agency and Office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953. ------DocID 41466 Document 379 of 1444------ -CITE- 36 USC Sec. 289 -EXPCITE- TITLE 36 CHAPTER 14 -HEAD- Sec. 289. Acquisition of assets and liabilities of existing corporation -STATUTE- The corporation may acquire the assets of the Future Farmers of America, a corporation organized under the laws of the State of Virginia, and of the Future Farmers of America Foundation, Incorporated, a corporation organized under the laws of the District of Columbia, upon discharging or satisfactorily providing for the payment and discharge of all of the liabilities of such corporations. -SOURCE- (Aug. 30, 1950, ch. 823, Sec. 19, 64 Stat. 567.) ------DocID 41467 Document 380 of 1444------ -CITE- 36 USC Sec. 290 -EXPCITE- TITLE 36 CHAPTER 14 -HEAD- Sec. 290. Effective date -STATUTE- The provisions of this chapter shall take effect on the filing, in the office of the clerk of the United States District Court for the District of Columbia of affidavits signed by the incorporators named in section 271 of this title to the effect that the Virginia corporation known as the Future Farmers of America has been dissolved in accordance with law, but only if such affidavits are filed within one year from August 30, 1950. -SOURCE- (Aug. 30, 1950, ch. 823, Sec. 20, 64 Stat. 567.) ------DocID 41468 Document 381 of 1444------ -CITE- 36 USC Sec. 291 -EXPCITE- TITLE 36 CHAPTER 14 -HEAD- Sec. 291. Reservation of right to amend or repeal chapter -STATUTE- The right to alter, amend, or repeal this chapter is expressly reserved. -SOURCE- (Aug. 30, 1950, ch. 823, Sec. 21, 64 Stat. 567.) ------DocID 41469 Document 382 of 1444------ -CITE- 36 USC CHAPTER 15 -EXPCITE- TITLE 36 CHAPTER 15 -HEAD- CHAPTER 15 - MILITARY CHAPLAINS ASSOCIATION OF THE UNITED STATES OF AMERICA -MISC1- Sec. 311. Corporation created. 312. Completion of organization. 313. Purpose of corporation. 314. Powers of corporation. 315. Acquisition of assets and liabilities of existing association. 316. Exclusive right to name. 317. Annual report. ------DocID 41470 Document 383 of 1444------ -CITE- 36 USC Sec. 311 -EXPCITE- TITLE 36 CHAPTER 15 -HEAD- Sec. 311. Corporation created -STATUTE- Alva J. Brasted, of Virginia; Henry Darlington, of New York; Simpson B. Daugherty, of Pennsylvania; Monroe Drew, Junior, of California; Clifford M. Drury, of California; Harold G. Elsam, of Illinois; Edward L. R. Elson, of California; Ira S. Ernst, of the District of Columbia; Joshua L. Goldberg, of New York; Augustus S. Goodyear, of New York; Cecil H. Lang, of Texas; Daniel Lynch, of Massachusetts; Arlington A. McCallum, of the District of Columbia; John W. McQueen, of Alabama; Cyrus W. Perry, of New York; Frederick C. Reynolds, of Maryland; George F. Rixey, of Missouri; Patrick J. Ryan, of California; Harris E. Starr, of Connecticut; Gustav Stearns, of Wisconsin; Edward J. Smith, of Iowa; Francis V. Sullivan, of Massachusetts; John M. Thomas, of Vermont; Edmund W. Weber, of Minnesota; Robert J. White, of Maine; Julian E. Yates, of the District of Columbia; Nils M. Ylvisaker, of Minnesota; and their successors, who are, or who may become, members of The Military Chaplains Association of the United States of America, a national association of chaplains and former chaplains of the armed services, and such national associations are created and declared to be a body corporate by the name of 'The Military Chaplains Association of the United States of America'. -SOURCE- (Sept. 20, 1950, ch. 956, Sec. 1, 64 Stat. 868.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 312 of this title. ------DocID 41471 Document 384 of 1444------ -CITE- 36 USC Sec. 312 -EXPCITE- TITLE 36 CHAPTER 15 -HEAD- Sec. 312. Completion of organization -STATUTE- Said persons named in section 311 of this title, and such other persons as may be selected from among the membership of The Military Chaplains Association of the United States of America, a national association of chaplains and former chaplains of the armed services, are hereby authorized to meet to complete the organization of said corporation by the selection of officers, the adoption of a constitution and bylaws, and to do all other things necessary to carry into effect the provisions of this chapter, at which meeting any person duly accredited as a delegate from any area, State, or local chapter of the organization of the existing national association known as The Military Chaplains Association of the United States of America, shall be permitted to participate in the proceedings thereof. -SOURCE- (Sept. 20, 1950, ch. 956, Sec. 2, 64 Stat. 868.) ------DocID 41472 Document 385 of 1444------ -CITE- 36 USC Sec. 313 -EXPCITE- TITLE 36 CHAPTER 15 -HEAD- Sec. 313. Purpose of corporation -STATUTE- The purpose of this corporation shall be: (a) To safeguard and to strengthen the forces of faith and morality of our Nation; (b) to perpetuate and to deepen the bonds of understanding and friendship of our military service; (c) to preserve our spiritual influence and interest in all members and veterans of the armed forces; (d) to uphold the Constitution of the United States; and (e) to promote justice, peace, and good will. -SOURCE- (Sept. 20, 1950, ch. 956, Sec. 3, 64 Stat. 868.) ------DocID 41473 Document 386 of 1444------ -CITE- 36 USC Sec. 314 -EXPCITE- TITLE 36 CHAPTER 15 -HEAD- Sec. 314. Powers of corporation -STATUTE- The corporation (a) shall have perpetual succession; (b) shall have power to make its own organization, including its constitution, bylaws, rules, and regulations; (c) may adopt a corporate seal and alter it at pleasure; (d) may establish and maintain offices for the conduct and transaction of its business; (e) may appoint or elect officers and agents; (f) may authorize the executive committee to conduct the business and exercise the powers of the corporation; (g) may publish a magazine or other publications; (h) may charge and collect membership dues, subscription fees, and receive contributions of money or property to be devoted to the carrying out of the purposes of the organization; (i) may acquire by purchase, devise, bequest, gift, or otherwise, and hold, encumber, convey, or otherwise dispose of, such real and personal property as may be necessary or appropriate for its corporate purposes; (j) may sue and be sued; and (k) generally may do any and all lawful acts necessary or appropriate to carry out the purposes for which the corporation is created. -SOURCE- (Sept. 20, 1950, ch. 956, Sec. 4, 64 Stat. 868.) ------DocID 41474 Document 387 of 1444------ -CITE- 36 USC Sec. 315 -EXPCITE- TITLE 36 CHAPTER 15 -HEAD- Sec. 315. Acquisition of assets and liabilities of existing association -STATUTE- Said corporation may acquire any or all assets of the existing national association known as The Military Chaplains Association of the United States of America upon discharging or satisfactorily providing for the payment and discharge of all liabilities. -SOURCE- (Sept. 20, 1950, ch. 956, Sec. 5, 64 Stat. 869.) ------DocID 41475 Document 388 of 1444------ -CITE- 36 USC Sec. 316 -EXPCITE- TITLE 36 CHAPTER 15 -HEAD- Sec. 316. Exclusive right to name -STATUTE- Said corporation and its area, State, and local chapters shall have the sole and exclusive right to have and to use in carrying out its purpose the name 'The Military Chaplains Association of the United States of America'. -SOURCE- (Sept. 20, 1950, ch. 956, Sec. 6, 64 Stat. 869.) ------DocID 41476 Document 389 of 1444------ -CITE- 36 USC Sec. 317 -EXPCITE- TITLE 36 CHAPTER 15 -HEAD- Sec. 317. Annual report -STATUTE- The corporation shall, on or before the 1st day of September in each year, transmit to Congress a report of its proceedings for the preceding calendar year. Such reports shall not be printed as public documents. -SOURCE- (Sept. 20, 1950, ch. 956, Sec. 7, 64 Stat. 869; Aug. 30, 1964, Pub. L. 88-504, Sec. 4(14), 78 Stat. 637.) -MISC1- AMENDMENTS 1964 - Pub. L. 88-504 struck out ', including the full and complete statement of its receipts and expenditures' after 'calendar year'. ------DocID 41477 Document 390 of 1444------ -CITE- 36 USC CHAPTER 16 -EXPCITE- TITLE 36 CHAPTER 16 -HEAD- CHAPTER 16 - AMERICAN SOCIETY OF INTERNATIONAL LAW -MISC1- Sec. 341. Corporation created. 342. Purposes of corporation; restrictions. 343. Executive council; officers. 344. Principal office; territorial scope of activities. 345. Powers of corporation. 346. Liability for acts of officers and agents; agent for service of process. 347. Prohibition against issuance of stock, payment of dividends, or loans. 348. Books and records; inspection. 349. Repealed. 350. Duration of corporation. 351. Acquisition of assets and liabilities of existing association. 352. Reservation of right to amend or repeal chapter. ------DocID 41478 Document 391 of 1444------ -CITE- 36 USC Sec. 341 -EXPCITE- TITLE 36 CHAPTER 16 -HEAD- Sec. 341. Corporation created -STATUTE- The following persons, citizens of the United States and members of the executive council of the unincorporated association known as the American Society of International law, to wit: Manley O. Hudson, of Cambridge, Massachusetts, president of the said society; Dean G. Acheson, of Washington, District of Columbia, honorary president of the same; George A. Finch, of Chevy Chase, Maryland; Edwin D. Dickinson, of Philadelphia, Pennsylvania; and Philip C. Jessup, of New York, New York; vice presidents of the same; Philip Marshall Brown, of Washington, District of Columbia; Frederic R. Coudert, of New York, New York; William C. Dennis, of Richmond, Indiana; Charles G. Fenwick, of Washington, District of Columbia; Cordell Hull, of Washington, District of Columbia; Charles Cheney Hyde, of New York, New York; Robert H. Jackson, of McLean, Virginia; Arthur K. Kuhn, of New York, New York; George C. Marshall, of Leesburg, Virginia; Henry L. Stimson, of New York, New York; Elbert D. Thomas, of Salt Lake City, Utah; Charles Warren, of Washington, District of Columbia; George Grafton Wilson, of Cambridge, Massachusetts; and Lester H. Woolsey, of Chevy Chase, Maryland; honorary vice presidents of the said society; Edward Dumbauld, of Uniontown, Pennsylvania, secretary; and Edgar Turlington, of Chevy Chase, Maryland, treasurer of the same; Edward W. Allen, of Seattle, Washington; Mary Agnes Brown, of Washington, District of Columbia; Florence Brush, of Bronxville, New York; Kenneth S. Carlston, of Urbana, Illinois; Ben M. Cherrington, of Denver, Colorado; Percy E. Corbett, of New Haven Connecticut; Willard B. Cowles, of Lincoln, Nebraska; William S. Culbertson, of Washington, District of Columbia; John S. Dickey, of Hanover, New Hampshire; Alwyn V. Freeman, of Los Angeles, California; Ernest A. Gross, of Manhasset, New York; Stanley K. Hornbeck, of Washington, District of Columbia! A. Brunson MacChesney, of Chicago, Illinois; William Manger, of Washington, District of Columbia; Charles E. Martin, of Seattle, Washington; John Brown Mason, of Oberlin, Ohio; Myres S. McDougal, of New Haven, Connecticut; Hans J. Morgenthau, of Chicago, Illinois; Durward V. Sandifer, of Chevy Chase, Maryland; Francis B. Sayre, of Washington, District of Columbia; Carl B. Spaeth, of Palo Alto, California; Robert B. Stewart, of Medford, Massachusetts! and Albert C. F. Westphal, of Albuquerque, New Mexico; and such other persons as are now members of the said society, and their successors, are created and declared to be a body corporate, by the name of The American Society of International Law. -SOURCE- (Sept. 20, 1950, ch. 958, Sec. 1, 64 Stat. 869.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 343 of this title. ------DocID 41479 Document 392 of 1444------ -CITE- 36 USC Sec. 342 -EXPCITE- TITLE 36 CHAPTER 16 -HEAD- Sec. 342. Purposes of corporation; restrictions -STATUTE- The purposes of the corporation are and shall be to foster the study of international law and to promote the establishment and maintenance of international relations on the basis of law and justice. The corporation shall not be operated for profit, and no part of its income or assets shall inure to any of its members, or its officers or other members of its executive council, or be distributable thereto otherwise than upon dissolution or final liquidation of the corporation. The corporation, and its officers and other members of its executive council shall not, as such, contribute to or otherwise support or assist any political party or candidate for elective public office. -SOURCE- (Sept. 20, 1950, ch. 958, Sec. 2, 64 Stat. 870.) ------DocID 41480 Document 393 of 1444------ -CITE- 36 USC Sec. 343 -EXPCITE- TITLE 36 CHAPTER 16 -HEAD- Sec. 343. Executive council; officers -STATUTE- The governing board of the corporation, subject to the directions of the corporation at its annual meetings and at such other meetings as may be called pursuant to the provisions of its constitution, bylaws, and regulations, hereinafter mentioned, shall be an executive council consisting of a president, an honorary president, a number of vice presidents and honorary vice presidents to be determined by the constitution of the corporation, a secretary, a treasurer, and not less than twenty-four additional persons. The officers of the corporation and one-third of the other members of the executive council shall be elected at each annual meeting of the corporation: Provided, however, That the executive council may be authorized by the constitution of the corporation to elect the secretary and the treasurer of the corporation for specified terms and to fill vacancies until the next annual meeting of the corporation. The number of members of the executive council shall initially be forty-four, and the members of the said council shall initially be the persons whose names and addresses are set forth in section 341 of this title. -SOURCE- (Sept. 20, 1950, ch. 958, Sec. 3, 64 Stat. 870.) ------DocID 41481 Document 394 of 1444------ -CITE- 36 USC Sec. 344 -EXPCITE- TITLE 36 CHAPTER 16 -HEAD- Sec. 344. Principal office; territorial scope of activities -STATUTE- The corporation shall have its principal office in the District of Columbia and shall have the right to conduct its activities in the said District and at any other place or places in the United States. -SOURCE- (Sept. 20, 1950, ch. 958, Sec. 4, 64 Stat. 871.) -MISC1- NATIONAL HEADQUARTERS Pub. L. 86-208, Aug. 25, 1959, 73 Stat. 431, provided: 'That the American Society of International Law, incorporated by the Act entitled 'An Act to incorporate the American Society of International Law, and for other purposes', approved September 20, 1950 (Public Law 794, ch. 958, Eighty-first Congress, second session (64 Stat. 869)) (this chapter), is authorized to use the real estate described as lot 805 square 2512, situated in the city of Washington, District of Columbia, as the national headquarters of such society.' ------DocID 41482 Document 395 of 1444------ -CITE- 36 USC Sec. 345 -EXPCITE- TITLE 36 CHAPTER 16 -HEAD- Sec. 345. Powers of corporation -STATUTE- The corporation shall have succession by its corporate name and shall have power to sue and be sued, complain and defend in any court of competent jurisdiction; to adopt, use, and alter a corporate seal; to choose such officers, managers, and agents as its business may require; to adopt, amend, apply, and administer a constitution, bylaws, and regulations, not inconsistent with the laws of the United States of America or any State in which the corporation is to operate, for the management of its property and the regulation of its affairs; to contract and be contracted with; to take and hold by lease, gift, purchase, grant, devise, or bequest, in full title, in trust, or otherwise, any property, real or personal, necessary for attaining the objects and carrying into effect the purposes of the corporation, subject however, to applicable provisions of law of any State (A) governing the amount or kind of real and personal property which may be held by, or (B) otherwise limiting or controlling the ownership of real and personal property by a corporation operating in such State; to transfer and convey real or personal property; to borrow money for the purposes of the corporation, and issue bonds therefor, and secure the same by mortgage subject in every case to all applicable provisions of Federal or State laws; to publish a journal and other publications, and generally to do any and all such acts and things as may be necessary and proper in carrying into effect the purposes of the corporation. -SOURCE- (Sept. 20, 1950, ch. 958, Sec. 5, 64 Stat. 871.) ------DocID 41483 Document 396 of 1444------ -CITE- 36 USC Sec. 346 -EXPCITE- TITLE 36 CHAPTER 16 -HEAD- Sec. 346. Liability for acts of officers and agents; agent for service of process -STATUTE- The corporation shall be liable for the acts of its officers and agents. It shall have in the District of Columbia at all times a designated agent authorized to accept service of process for the corporation; and notice to or service upon such agent, or mailed to the business address of such agent, shall be deemed notice to or service upon the corporation. -SOURCE- (Sept. 20, 1950, ch. 958, Sec. 6, 64 Stat. 871.) ------DocID 41484 Document 397 of 1444------ -CITE- 36 USC Sec. 347 -EXPCITE- TITLE 36 CHAPTER 16 -HEAD- Sec. 347. Prohibition against issuance of stock, payment of dividends, or loans -STATUTE- The corporation shall not issue shares of stock, nor declare or pay dividends, nor make loans or advances to its officers or members of its executive council or any of them. Any member of its executive council who votes for or assents to the making of a loan or advance to an officer of the corporation or to a member of its executive council, and any officer or officers participating in the making of any such loan or advance, shall be jointly and severally liable to the corporation for the amount of such loan or advance until the repayment thereof. -SOURCE- (Sept. 20, 1950, ch. 958, Sec. 7, 64 Stat. 871.) ------DocID 41485 Document 398 of 1444------ -CITE- 36 USC Sec. 348 -EXPCITE- TITLE 36 CHAPTER 16 -HEAD- Sec. 348. Books and records; inspection -STATUTE- The corporation shall keep correct and complete books and records of account. It shall also keep minutes of the proceedings of its members, executive council, and committees having any of the authority of the said council. It shall also keep at its principal office a record giving the names and addresses of its members entitled to vote. All books and records of the corporation may be inspected by any member or his agent or attorney, for any proper purpose, at any reasonable time. -SOURCE- (Sept. 20, 1950, ch. 958, Sec. 8, 64 Stat. 872.) ------DocID 41486 Document 399 of 1444------ -CITE- 36 USC Sec. 349 -EXPCITE- TITLE 36 CHAPTER 16 -HEAD- Sec. 349. Repealed. Pub. L. 88-504, Sec. 4(15), Aug. 30, 1964, 78 Stat. 637 -MISC1- Section, act Sept. 20, 1950, ch. 958, Sec. 9, 64 Stat. 872, related to audit of financial transactions and report of such audit to Congress. See sections 1101 to 1103 of this title. ------DocID 41487 Document 400 of 1444------ -CITE- 36 USC Sec. 350 -EXPCITE- TITLE 36 CHAPTER 16 -HEAD- Sec. 350. Duration of corporation -STATUTE- The duration of the corporation shall be perpetual. -SOURCE- (Sept. 20, 1950, ch. 958, Sec. 10, 64 Stat. 872.) ------DocID 41488 Document 401 of 1444------ -CITE- 36 USC Sec. 351 -EXPCITE- TITLE 36 CHAPTER 16 -HEAD- Sec. 351. Acquisition of assets and liabilities of existing association -STATUTE- The corporation may and shall acquire all of the assets of the existing unincorporated association known as the American Society of International Law, subject to any liabilities and obligations of the said association. -SOURCE- (Sept. 20, 1950, ch. 958, Sec. 11, 64 Stat. 872.) ------DocID 41489 Document 402 of 1444------ -CITE- 36 USC Sec. 352 -EXPCITE- TITLE 36 CHAPTER 16 -HEAD- Sec. 352. Reservation of right to amend or repeal chapter -STATUTE- The right to alter, repeal, or amend this chapter is expressly reserved to Congress. -SOURCE- (Sept. 20, 1950, ch. 958, Sec. 12, 64 Stat. 872.) ------DocID 41490 Document 403 of 1444------ -CITE- 36 USC CHAPTER 17 -EXPCITE- TITLE 36 CHAPTER 17 -HEAD- CHAPTER 17 - UNITED STATES OLYMPIC COMMITTEE -MISC1- SUBCHAPTER I - CORPORATION Sec. 371. Corporation created; principal offices; meetings. 372. Completion of organization. 373. Definitions. 374. Objects and purposes of Corporation. 375. Powers of Corporation. 376. Membership. 377. Nonpolitical nature of Corporation. 378. Prohibition against issuance of stock or business activities. 379. Acquisition of assets and liabilities of existing association. 380. Use of Olympic symbols, emblems, trademarks and names. (a) Unauthorized use; civil action; lawful use prior to September 21, 1950. (b) Contributors and suppliers. (c) Exclusive right of Corporation. 381. Agents for service of process. 382. Reservation of right to amend or repeal chapter. 382a. Annual report to President and Congress on operations; report to Speaker of House and President of Senate on authorized grants. 382b. Resolution of disputes. 383. Change in name of United States Olympic Association. 384. Grants to Corporation. (a) Authorization; development of amateur athletics in United States. (b) Annual report. (c) Application for funds; access to books, documents, etc. (d) Authorization of appropriations. SUBCHAPTER II - NATIONAL GOVERNING BODIES 391. Recognition of amateur sports organizations. (a) National governing body; application; notice and hearing. (b) Eligibility requirements. (c) Period within which to comply with eligibility requirements; suspension or revocation of recognition. (d) Recommendation of national governing body as United States representative to appropriate international sports federation. 392. Duties of national governing bodies. 393. Authority of national governing bodies. 394. Review. 395. Compelling compliance with eligibility requirements and performance of duties by national governing bodies. (a) Written complaint; exhaustion of remedies requirement; hearing; determination by Corporation; probation; revocation of recognition. (b) Replacement of incumbent national governing body. (c) Arbitration of Corporation determinations. 396. Jurisdiction of restricted amateur athletic competitions; national governing body sanction for international amateur athletic competitions. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 384 of this title; title 18 section 2320. ------DocID 41491 Document 404 of 1444------ -CITE- 36 USC SUBCHAPTER I -EXPCITE- TITLE 36 CHAPTER 17 SUBCHAPTER I -HEAD- SUBCHAPTER I - CORPORATION ------DocID 41492 Document 405 of 1444------ -CITE- 36 USC Sec. 371 -EXPCITE- TITLE 36 CHAPTER 17 SUBCHAPTER I -HEAD- Sec. 371. Corporation created; principal offices; meetings -STATUTE- The following persons, to wit: Avery Brundage, New York City, New York; Kenneth L. Wilson, Chicago, Illinois; Asa S. Bushnell, Princeton, New Jersey; Owen V. Van Camp, Chicago, Illinois; Gustavus T. Kirby, Bedford Hills, New York; John T. McGovern, New York City, New York; J. Lyman Bingham, Chicago, Illinois; Daniel J. Ferris, New York City, New York; Thomas J. Hamilton, Pittsburgh, Pennsylvania; Thomas W. Herren, Washington, District of Columbia; Willis O. Hunter, Los Angeles, California; Jeremiah T. Mahoney, New York City, New York; T. Nelson Metcalf, Chicago, Illinois; Charles L. Ornstein, New York City, New York; James A. Rhodes, Columbus, Ohio; Albert Sigal, Atherton, California; H. Jamison Swarts, Philadelphia, Pennsylvania; Albert F. Wheltle, Baltimore, Maryland; Robert A. Fetzer, Chapel Hill, North Carolina; Karl E. Leib, Iowa City, Iowa; Frank G. McCormick, Minneapolis, Minnesota; Alfred R. Masters, Stanford University, California; E. L. Romney, Salt Lake City, Utah; E. Joseph Aronoff, Washington, District of Columbia; Richard E. Cross, Detroit, Michigan; Charles L. Diehm, New York City, New York; Ralph Furey, New York City, New York; Harry D. Henshel, New York City, New York; John B. Kelly, Senior, Philadelphia, Pennsylvania; Richard C. Larkins, Columbus, Ohio; Fred C. Matthaei, Detroit, Michigan; Colonel Frederick R. Weber, West Point, New York; Hugh C. Willett, Los Angeles, California; Lawrence J. Johnson, Boston, Massachusetts; Patrick J. Kelly, New York City, New York; R. Max Ritter, Jenkintown, Pennsylvania; Fred L. Steers, Chicago, Illinois; Williard N. Greim, Denver, Colorado; General Douglas MacArthur, Tokyo, Japan; Joseph E. Raycroft, Princeton, New Jersey; Frederick W. Rubien, Manhasset, New York; John J. Raskob, New York City, New York; Frank P. Callahan, Schenectady, New York; William S. Haddock, Pittsburgh, Pennsylvania; J. W. Mitchell, Little Rock, Arkansas; William F. Bailey, High Point, North Carolina; Herman J. Fischer, Chicago, Illinois; R. J. H. Kiphuth, New Haven, Connecticut; Edward Rosenblum, Washington, District of Columbia; Ben York, West Palm Beach, Florida; Seymour Leiberman, Houston, Texas; Paul Jordan, Indianapolis, Indiana; Mrs. Lillian Y. Whiting, Des Moines, Iowa; A. Wood Hardin, New Albany, Indiana; Douglas F. Roby, Detroit, Michigan; Marion H. Miller, Kansas City, Missouri; Edwin F. Schaefer, Buffalo, New York; James A. Lee, Cleveland, Ohio; Robert C. Greenwade, Blackwell, Oklahoma; Charles Gevecker, St. Louis, Missouri; Roscoe C. Torrance, Seattle, Washington; Louis G. Wilke, Denver, Colorado; Doctor Barry J. Barrodale, Houma, Louisiana; Larry Houston, Los Angeles, California; C. W. Striet, Junior, Birmingham, Alabama; Norton G. Pritchett, Charlottesville, Virginia; Dernell Every, New York City, New York; Vaughn S. Blanchard, Detroit, Michigan; Major General Guy V. Henry, Chevy Chase, Maryland; George Edwards, Columbia, Missouri; John J. Fox, Larchmont, New York; Harold R. Gilbert, State College, Pennsylvania; Frank Small, Bayside, Long Island, New York; Colonel John T. Cole, Bell Haven, Alexandria, Virginia; Miguel de Capriles, Pleasantville, New York; Alexis Thompson, New York City, New York; Henry M. Beatty, Cleveland, Ohio; Roy E. Moore, New York City, New York; Mrs. Roberta Bonniwell, Philadelphia, Pennsylvania; Harry Hainsworth, Buffalo, New York; Major General William C. Rose, Washington, District of Columbia; Major General M. A. Edson, Montpelier, Vermont; Clifford Goes, New York City, New York; Joseph J. Barriskill, New York City, New York; Senator Peter J. Miller, Chicago, Illinois; Charles O. Roeser, Lansdowne, Pennsylvania; Mrs. Elsie Veits Jennings, New York City, New York; William C. Ackerman, Los Angeles, California; Robert J. Kane, Ithaca, New York; Mrs. Irvin Van Blarcom, Wichita, Kansas; Jay Ehret Mahoney, New York City, New York; John Terpak, York, Pennsylvania; Eric F. Pohl, San Antonio, Texas; Thomas F. Lennon, New York City, New York; Dietrich Wortmann, New York City, New York; Reaves E. Peters, Kansas City, Missouri; John M. Harmon, Boston, Massachusetts; George E. Little, New Brunswick, New Jersey; Arthur E. Eilers, St. Louis, Missouri; James H. Stewart, Dallas, Texas; Harry N. Keighley, Evanston, Illinois; Doctor G. Randolph Manning, New York City, New York; Harold T. Friermood, New York City, New York; Earl R. Yeomans, Philadelphia, Pennsylvania; and their associates and successors, are created a body corporate by the name of 'United States Olympic Committee' (hereinafter referred to as the 'Corporation'). The Corporation shall maintain its principal offices and national headquarters in such place in the United States as is determined by the Corporation, and may hold its annual and special meetings in such places as the Corporation shall determine. -SOURCE- (Sept. 21, 1950, ch. 975, title I, Sec. 101, formerly Sec. 1, 64 Stat. 899; Aug. 10, 1964, Pub. L. 88-407, 78 Stat. 383; renumbered title I, Sec. 101, and amended Nov. 8, 1978, Pub. L. 95-606, Sec. 1(a), 92 Stat. 3045.) -MISC1- AMENDMENTS 1978 - Pub. L. 95-606 substituted 'Corporation' for 'corporation', 'such place in the United States as is determined by the Corporation' for 'the city of Washington, District of Columbia' and 'the Corporation' for 'the said incorporators'. -CHANGE- CHANGE OF NAME 'United States Olympic Committee' substituted in text for 'United States Olympic Association' on authority of Pub. L. 88-407, which is set out as section 383 of this title. -MISC4- SHORT TITLE OF 1978 AMENDMENT Provision preceding section 1 of Pub. L. 95-606 provided: 'That this Act (enacting sections 372 to 382b and 391 to 396 of this title, amending this section, and repealing former sections 372 to 382 of this title) may be cited as the 'Amateur Sports Act of 1978'.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 372 of this title. ------DocID 41493 Document 406 of 1444------ -CITE- 36 USC Sec. 372 -EXPCITE- TITLE 36 CHAPTER 17 SUBCHAPTER I -HEAD- Sec. 372. Completion of organization -STATUTE- A majority of the persons named in section 371 of this title, or their successors, are hereby authorized to meet to complete the organization of the Corporation by the adoption of a constitution and bylaws, the election of officers, and by doing all things necessary to carry into effect the provisions of this chapter. -SOURCE- (Sept. 21, 1950, ch. 975, title I, Sec. 102, as added Nov. 8, 1978, Pub. L. 95-606, Sec. 1(b), 92 Stat. 3045.) -MISC1- PRIOR PROVISIONS A prior section 372, act Sept. 21, 1950, ch. 975, Sec. 2, 64 Stat. 900, which related to the procedure for the completion of the organization of the corporation, was repealed by Pub. L. 95-606, Sec. 1(b), Nov. 8, 1978, 92 Stat. 3045. ------DocID 41494 Document 407 of 1444------ -CITE- 36 USC Sec. 373 -EXPCITE- TITLE 36 CHAPTER 17 SUBCHAPTER I -HEAD- Sec. 373. Definitions -STATUTE- As used in this chapter, the term - (1) 'amateur athlete' means any athlete who meets the eligibility standards established by the national governing body for the sport in which the athlete competes; (2) 'amateur athletic competition' means a contest, game, meet, match, tournament, regatta, or other event in which amateur athletes compete; (3) 'amateur sports organization' means a not-for-profit corporation, club, federation, union, association, or other group organized in the United States which sponsors or arranges any amateur athletic competition; (4) 'Corporation' means the United States Olympic Committee; (5) 'international amateur athletic competition' means any amateur athletic competition between any athlete or athletes representing the United States, either individually or as part of a team, and any athletic or athletes representing any foreign country; (6) 'national governing body' means an amateur sports organization which is recognized by the Corporation in accordance with section 391 of this title; and (7) 'sanction' means a certificate of approval issued by a national governing body. -SOURCE- (Sept. 21, 1950, ch. 975, title I, Sec. 103, as added Nov. 8, 1978, Pub. L. 95-606, Sec. 1(b), 92 Stat. 3045.) -MISC1- PRIOR PROVISIONS A prior section 373, act Sept. 21, 1950, ch. 975, Sec. 3, 64 Stat. 900, which related to the objects and purposes of the corporation, was repealed by Pub. L. 95-606, Sec. 1(b), Nov. 8, 1978, 92 Stat. 3045. See section 374 of this title. ------DocID 41495 Document 408 of 1444------ -CITE- 36 USC Sec. 374 -EXPCITE- TITLE 36 CHAPTER 17 SUBCHAPTER I -HEAD- Sec. 374. Objects and purposes of Corporation -STATUTE- The objects and purposes of the Corporation shall be to - (1) establish national goals for amateur athletic activities and encourage the attainment of those goals; (2) coordinate and develop amateur athletic activity in the United States directly relating to international amateur athletic competition, so as to foster productive working relationships among sports-related organizations; (3) exercise exclusive jurisdiction, either directly or through its constituent members of committees, over all matters pertaining to the participation of the United States in the Olympic Games and in the Pan-American Games, including the representation of the United States in such games, and over the organization of the Olympic Games and the Pan-American Games when held in the United States; (4) obtain for the United States, either directly or by delegation to the appropriate national governing body, the most competent amateur representation possible in each competition and event of the Olympic Games and of the Pan-American Games; (5) promote and support amateur athletic activities involving the United States and foreign nations; (6) promote and encourage physical fitness and public participation in amateur athletic activities; (7) assist organizations and persons concerned with sports in the development of amateur athletic programs for amateur athletes; (8) provide for the swift resolution of conflicts and disputes involving amateur athletes, national governing bodies, and amateur sports organizations, and protect the opportunity of any amateur athlete, coach, trainer, manager, administrator, or official to participate in amateur athletic competition; (9) foster the development of amateur athletic facilities for use by amateur athletes and assist in making existing amateur athletic facilities available for use by amateur athletes; (10) provide and coordinate technical information on physical training, equipment design, coaching, and performance analysis; (11) encourage and support research, development, and dissemination of information in the areas of sports medicine and sports safety; (12) encourage and provide assistance to amateur athletic activities for women; (13) encourage and provide assistance to amateur athletic programs and competition for handicapped individuals, including, where feasible, the expansion of opportunities for meaningful participation by handicapped individuals in programs of athletic competition for able-bodied individuals; and (14) encourage and provide assistance to amateur athletes of racial and ethnic minorities for the purpose of eliciting the participation of such minorities in amateur athletic activities in which they are underrepresented. -SOURCE- (Sept. 21, 1950, ch. 975, title I, Sec. 104, as added Nov. 8, 1978, Pub. L. 95-606, Sec. 1(b), 92 Stat. 3046.) -MISC1- PRIOR PROVISIONS A prior section 374, act Sept. 21, 1950, ch. 975, Sec. 4, 64 Stat. 900, which related to the powers of the corporation, was repealed by Pub. L. 95-606, Sec. 1(b), Nov. 8, 1978, 92 Stat. 3045. See section 375 of this title. Provisions similar to those comprising this section were contained in former section 373 of this title prior to repeal by Pub. L. 95-606. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 384 of this title. ------DocID 41496 Document 409 of 1444------ -CITE- 36 USC Sec. 375 -EXPCITE- TITLE 36 CHAPTER 17 SUBCHAPTER I -HEAD- Sec. 375. Powers of Corporation -STATUTE- (a) The Corporation shall have perpetual succession and power to - (1) serve as the coordinating body for amateur athletic activity in the United States directly relating 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, either directly or by delegation to the appropriate national governing body, amateur representation for such games; (4) recognize eligible amateur sports organizations as national governing bodies for any sport which is included on the program of the Olympic Games or the Pan-American Games; (5) facilitate, through orderly and effective administrative procedures, the resolution of conflicts or disputes which involve any of its members and any amateur athlete, coach, trainer, manager, administrator, official, national governing body, or amateur sports organization and which arise in connection with their eligibility for and participation in the Olympic Games, the Pan-American world championship competition, or other protected competition as defined in the constitution and bylaws of the Corporation; (6) sue and be sued; (7) make contracts; (8) acquire, hold, and dispose of real and personal property as may be necessary for its corporate purposes; (9) accept gifts, legacies, and devices in furtherance of its corporate purposes; (10) borrow money to carry out its corporate purposes, issue notes, bonds, or other evidences of indebtedness therefor, and secure the same by mortgage, subject in each case to the laws of the United States or of any State; (11) provide financial assistance to any organization or association, other than a corporation organized for profit, in furtherance of the purposes of the Corporation; (12) approve and revoke membership in the Corporation; (13) adopt and alter a corporate seal; (14) establish and maintain offices for the conduct of the affairs of the Corporation; (15) publish a newspaper, magazine, or other publication consistent with its corporate purposes; and (16) do any and all acts and things necessary and proper to carry out the purposes of the Corporation. (b) The Corporation shall adopt and may amend a constitution and bylaws not inconsistent with the laws of the United States or of any State, except that the Corporation may amend its constitution only if it - (1) publishes in its principal publication a general notice of the proposed alteration of the constitution, including the substantive terms of the alteration, the time and place of the Corporation's regular meeting at which the alteration is to be decided, and a provision informing interested persons that they may submit materials as authorized in paragraph (2); and (2) gives to all interested persons, prior to the adoption of any amendment, an opportunity to submit written data, views, or arguments concerning the proposed amendment for a period of at least 60 days after the date of publication of the notice. -SOURCE- (Sept. 21, 1950, ch. 975, title I, Sec. 105, as added Nov. 8, 1978, Pub. L. 95-606, Sec. 1(b), 92 Stat. 3047.) -MISC1- PRIOR PROVISIONS A prior section 375, act Sept. 21, 1950, ch. 975, Sec. 5, 64 Stat. 901, which related to membership in the corporation, was repealed by Pub. L. 95-606, Sec. 1(b), Nov. 8, 1978, 92 Stat. 3045. See section 376 of this title. Provisions similar to those comprising this section were contained in former section 374 of this title prior to repeal by Pub. L. 95-606. ------DocID 41497 Document 410 of 1444------ -CITE- 36 USC Sec. 376 -EXPCITE- TITLE 36 CHAPTER 17 SUBCHAPTER I -HEAD- Sec. 376. Membership -STATUTE- (a) Eligibility for membership in the Corporation shall be determined in accordance with the constitution and bylaws of the Corporation. (b) In its constitution and bylaws, the Corporation shall establish and maintain provisions with respect to its governance and the conduct of its affairs for reasonable representation of - (1) amateur sports organizations recognized as national governing bodies in accordance with section 391 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 which conduct a national program or regular national amateur athletic competition in two or more sports which 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. -SOURCE- (Sept. 21, 1950, ch. 975, title I, Sec. 106, as added Nov. 8, 1978, Pub. L. 95-606, Sec. 1(b), 92 Stat. 3048.) -MISC1- PRIOR PROVISIONS A prior section 376, act Sept. 21, 1950, ch. 975, Sec. 6, 64 Stat. 901, which related to the nonpolitical nature of the Corporation, was repealed by Pub. L. 95-606, Sec. 1(b), Nov. 8, 1978, 92 Stat. 3045. See section 377 of this title. Provisions similar to those comprising this section were contained in former section 375 of this title prior to repeal by Pub. L. 95-606. ------DocID 41498 Document 411 of 1444------ -CITE- 36 USC Sec. 377 -EXPCITE- TITLE 36 CHAPTER 17 SUBCHAPTER I -HEAD- Sec. 377. Nonpolitical nature of Corporation -STATUTE- The Corporation shall be nonpolitical and, as an organization, shall not promote the candidacy of any person seeking public office. -SOURCE- (Sept. 21, 1950, ch. 975, title I, Sec. 107, as added Nov. 8, 1978, Pub. L. 95-606, Sec. 1(b), 92 Stat. 3048.) -MISC1- PRIOR PROVISIONS A prior section 377, act Sept. 21, 1950, ch. 975, Sec. 7, 64 Stat. 901, which related to the prohibition against issuance of stock or business activities, was repealed by Pub. L. 95-606, Sec. 1(b), Nov. 8, 1978, 92 Stat. 3045. See section 378 of this title. Provisions similar to those comprising this section were contained in former section 376 of this title prior to repeal by Pub. L. 95-606. ------DocID 41499 Document 412 of 1444------ -CITE- 36 USC Sec. 378 -EXPCITE- TITLE 36 CHAPTER 17 SUBCHAPTER I -HEAD- Sec. 378. Prohibition against issuance of stock or business activities -STATUTE- The Corporation shall have no power to issue capital stock or to engage in business for pecuniary profit or gain. -SOURCE- (Sept. 21, 1950, ch. 975, title I, Sec. 108, as added Nov. 8, 1978, Pub. L. 95-606, Sec. 1(b), 92 Stat. 3048.) -MISC1- PRIOR PROVISIONS A prior section 378, act Sept. 21, 1950, ch. 975, Sec. 8, 64 Stat. 901, which authorized the Corporation to acquire the assets and liabilities of the unincorporated association known as the United States Olympic Association, was repealed by Pub. L. 95-606, Sec. 1(b), Nov. 8, 1978, 92 Stat. 3045. See section 379 of this title. Provisions similar to those comprising this section were contained in former section 377 of this title prior to repeal by Pub. L. 95-606. ------DocID 41500 Document 413 of 1444------ -CITE- 36 USC Sec. 379 -EXPCITE- TITLE 36 CHAPTER 17 SUBCHAPTER I -HEAD- Sec. 379. Acquisition of assets and liabilities of existing association -STATUTE- The Corporation may acquire any or all of the assets of the existing unincorporated association, known as 'The United States Olympic Association', upon discharging or satisfactorily providing for the payment and discharge of all the liabilities of such unincorporated association. -SOURCE- (Sept. 21, 1950, ch. 975, title I, Sec. 109, as added Nov. 8, 1978, Pub. L. 95-606, Sec. 1(b), 92 Stat. 3048.) -MISC1- PRIOR PROVISIONS A prior section 379, acts Sept. 21, 1950, ch. 975, Sec. 9, 64 Stat. 901; Aug. 10, 1964, Pub. L. 88-407, 78 Stat. 383, which related to the penalty for fraudulent pretense of membership or use of insignia, was repealed by Pub. L. 95-606, Sec. 1(b), Nov. 8, 1978, 92 Stat. 3045. See section 380 of this title. Provisions similar to those comprising this section were contained in former section 378 of this title prior to repeal by Pub. L. 95-606. ------DocID 41501 Document 414 of 1444------ -CITE- 36 USC Sec. 380 -EXPCITE- TITLE 36 CHAPTER 17 SUBCHAPTER I -HEAD- Sec. 380. Use of Olympic symbols, emblems, trademarks and names -STATUTE- (a) Unauthorized use; civil action; lawful use prior to September 21, 1950 Without the consent of the Corporation, any person who 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 of the International Olympic Committee, consisting of 5 interlocking rings; (2) 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; (3) any trademark, trade name, sign, symbol, or insignia falsely representing association with, or authorization by, the International Olympic Committee or the Corporation; or (4) the words 'Olympic', 'Olympiad', 'Citius Altius Fortius', or any combination or simulation thereof tending to cause confusion, to cause mistake, to deceive, or to falsely suggest a connection with the Corporation or any Olympic activity; shall be subject to suit in a civil action by the Corporation for the remedies provided in the Act of July 5, 1946 (60 Stat. 427; popularly known as the Trademark Act of 1946) (15 U.S.C. 1051 et seq.). However, any person who actually used the emblem in subsection (a)(2) of this section, or the words, or any combination thereof, in subsection (a)(4) of this section for any lawful purpose prior to September 21, 1950, shall not be prohibited by this section from continuing such lawful use for the same purpose and for the same goods or services. In addition, any person who actually used, or whose assignor actually used, any other trademark, trade name, sign, symbol, or insignia described in subsections (a)(3) and (4) of this section for any lawful purpose prior to September 21, 1950 shall not be prohibited by this section from continuing such lawful use for the same purpose and for the same goods or services. (b) Contributors and suppliers The Corporation may authorize contributors and suppliers of goods or services to use the trade name of the Corporation as well as any trademark, symbol, insignia, or emblem of the International Olympic Committee or of the Corporation in advertising that the contributions, goods, or services were donated, supplied, or furnished to or for the use of, approved, selected, or used by the Corporation or United States Olympic or Pan-American team or team members. (c) Exclusive right of Corporation The Corporation shall have exclusive right to use the name 'United States Olympic Committee'; the symbol described in subsection (a)(1) of this section; the emblem described in subsection (a)(2) of this section; and the words 'Olympic', 'Olympiad', 'Citius Altius Fortius' or any combination thereof subject to the preexisting rights described in subsection (a) of this section. -SOURCE- (Sept. 21, 1950, ch. 975, title I, Sec. 110, as added Nov. 8, 1978, Pub. L. 95-606, Sec. 1(b), 92 Stat. 3048.) -REFTEXT- REFERENCES IN TEXT Act of July 5, 1946 (60 Stat. 427; popularly known as the Trademark Act of 1946), referred to in subsec. (a), is act July 5, 1946, ch. 540, 60 Stat. 427, as amended, also popularly known as the Lanham Act, which is classified generally to chapter 22 (Sec. 1051 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 1051 of Title 15 and Tables. -MISC2- PRIOR PROVISIONS A prior section 380, act Sept. 21, 1950, ch. 975, Sec. 10, 64 Stat. 902, which related to agents for service of process, was repealed by Pub. L. 95-606, Sec. 1(b), Nov. 8, 1978, 92 Stat. 3045. See section 381 of this title. Provisions similar to those comprising this section were contained in former section 379 of this title prior to repeal by Pub. L. 95-606. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 15 sections 1116, 1117; title 18 section 2320. ------DocID 41502 Document 415 of 1444------ -CITE- 36 USC Sec. 381 -EXPCITE- TITLE 36 CHAPTER 17 SUBCHAPTER I -HEAD- Sec. 381. Agents for service of process -STATUTE- As a condition precedent to the exercise of any power or privilege granted or conferred under this chapter, the Corporation shall file in the office of the secretary of state, or similar office, in each State the name and post-office address of an authorized agent of the Corporation in such State upon whom local process or demands against the Corporation may be served. -SOURCE- (Sept. 21, 1950, ch. 975, title I, Sec. 111, as added Nov. 8, 1978, Pub. L. 95-606, Sec. 1(b), 92 Stat. 3049.) -MISC1- PRIOR PROVISIONS A prior section 381, act Sept. 21, 1950, ch. 975, Sec. 11, 64 Stat. 902, which related to the reservation of right to amend or repeal act Sept. 21, 1950, ch. 975, 64 Stat. 899, which comprises this chapter, was repealed by Pub. L. 95-606, Sec. 1(b), Nov. 8, 1978, 92 Stat. 3045. See section 382 of this title. Provisions similar to those comprising this section were contained in former section 380 of this title prior to repeal by Pub. L. 95-606. ------DocID 41503 Document 416 of 1444------ -CITE- 36 USC Sec. 382 -EXPCITE- TITLE 36 CHAPTER 17 SUBCHAPTER I -HEAD- Sec. 382. Reservation of right to amend or repeal chapter -STATUTE- The right to alter, amend, or repeal this chapter at any time is hereby expressly reserved. -SOURCE- (Sept. 21, 1950, ch. 975, title I, Sec. 112, as added Nov. 8, 1978, Pub. L. 95-606, Sec. 1(b), 92 Stat. 3049.) -MISC1- PRIOR PROVISIONS A prior section 382, act Sept. 21, 1950, ch. 975, Sec. 12, 64 Stat. 902; Aug. 30, 1964, Pub. L. 88-504, Sec. 4(16), 78 Stat. 637, which related to the transmission of reports to Congress, was repealed by Pub. L. 95-606, Sec. 1(b), Nov. 8, 1978, 92 Stat. 3045. See section 382a of this title. Provisions similar to those comprising this section were contained in former section 381 of this title prior to repeal by Pub. L. 95-606. ------DocID 41504 Document 417 of 1444------ -CITE- 36 USC Sec. 382a -EXPCITE- TITLE 36 CHAPTER 17 SUBCHAPTER I -HEAD- Sec. 382a. Annual report to President and Congress on operations; report to Speaker of House and President of Senate on authorized grants -STATUTE- (a) The Corporation shall, on or before the first day of June in each year, transmit simultaneously to the President and to each House of Congress a detailed report of its operations for the preceding calendar year, including a full and complete statement of its receipts and expenditures and a comprehensive description of the activities and accomplishments of the Corporation during the preceding year. Copies of the report shall be made available by the Corporation to interested persons at a reasonable cost. (b) The Corporation shall, on or before the first day of June in each year, transmit simultaneously to the Speaker of the House of Representatives and to the President of the Senate a detailed report of those grants authorized to the Corporation pursuant to the provisions of section 211 of the Act and a full and complete statement of the expenditures of such funds made available. The report shall be referred to the Committee on Appropriations of each House and shall include a detailed and comprehensive description of those programs which the Corporation anticipate (FOOTNOTE 1) it will finance during the next fiscal year out of such funds made available pursuant to the provisions of section 211 of the Act. The Corporation shall continue to transmit the report required under this subsection (b) until the total sums made available under section 211 of the Act have been expended. (FOOTNOTE 1) So in original. Probably should be 'anticipates'. -SOURCE- (Sept. 21, 1950, ch. 975, title I, Sec. 113, as added Nov. 8, 1978, Pub. L. 95-606, Sec. 1(b), 92 Stat. 3049.) -REFTEXT- REFERENCES IN TEXT Section 211 of the Act, referred to in subsec. (b), probably means section 210 of Senate Bill S. 2727, redesignated section 211 in Senate Report No. 95-770, which was originally proposed by the Senate as part of the legislation that was enacted as Pub. L. 95-606 but was omitted in the final version as enacted by Congress. Similar statutory provisions were enacted in Pub. L. 95-482, Sec. 113, Oct. 18, 1978, 92 Stat. 1605, which is classified to section 384 of this title. -MISC2- PRIOR PROVISIONS Provisions similar to those comprising this section were contained in former section 382 of this title prior to repeal by Pub. L. 95-606. ------DocID 41505 Document 418 of 1444------ -CITE- 36 USC Sec. 382b -EXPCITE- TITLE 36 CHAPTER 17 SUBCHAPTER I -HEAD- Sec. 382b. Resolution of disputes -STATUTE- In its constitution and bylaws, the Corporation shall establish and maintain provisions 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 such protected competition as defined in such constitution and bylaws. -SOURCE- (Sept. 21, 1950, ch. 975, title I, Sec. 114, as added Nov. 8, 1978, Pub. L. 95-606, Sec. 1(b), 92 Stat. 3049.) ------DocID 41506 Document 419 of 1444------ -CITE- 36 USC Sec. 383 -EXPCITE- TITLE 36 CHAPTER 17 SUBCHAPTER I -HEAD- Sec. 383. Change in name of United States Olympic Association -STATUTE- The corporation known as the United States Olympic Association, which was incorporated by this chapter, shall be known and designated on and after August 10, 1964, as the United States Olympic Committee and any reference to such corporation under the name of the United States Olympic Association shall be held to refer to such corporation under and by the name of the United States Olympic Committee. -SOURCE- (Pub. L. 88-407, Aug. 10, 1964, 78 Stat. 383.) -COD- CODIFICATION Section was not enacted as part of act Sept. 21, 1950, ch. 975, which comprises this chapter. ------DocID 41507 Document 420 of 1444------ -CITE- 36 USC Sec. 384 -EXPCITE- TITLE 36 CHAPTER 17 SUBCHAPTER I -HEAD- Sec. 384. Grants to Corporation -STATUTE- (a) Authorization; development of amateur athletics in United States The Secretary of Commerce (hereinafter in this section referred to as the 'Secretary') is authorized to award grants to the United States Olympic Committee (hereinafter in this section referred to as 'the Corporation') to assist in the development of amateur athletics in the United States. The Corporation may apply to the Secretary for funds available under this section, and shall use such funds consistent with the provisions of the Amateur Sports Act of 1978. The Secretary may approve any application which meets the requirements of this section, and award grants to the Corporation in a total sum not exceeding $16,000,000 to finance the construction, improvement, and maintenance of facilities for programs of amateur athletic activity and to defray direct operating costs of programs of amateur athletic activity, consistent with section 374 of this title. (b) Annual report The Corporation shall, on or before the first day of June of each year, transmit to the Congress a report which shall include a detailed accounting of the funds made available to the Corporation by the Secretary pursuant to subsection (a) of this section and a comprehensive description of those projects which the Corporation anticipates it will finance during the next fiscal year with funds authorized by this section. (c) Application for funds; access to books, documents, etc. Each application for funds available under this section shall be in such form as the Secretary shall provide and shall contain provisions to assure that such funds are disbursed in accordance with the provisions of this section. For the purpose of review or audit, the Secretary shall have access to any books, documents, papers, and records which are relevant to any grant received under this section. (d) Authorization of appropriations There are authorized to be appropriated to the Secretary not to exceed $16,000,000 in fiscal year 1980, such sums to remain available until expended. -SOURCE- (Pub. L. 95-482, Sec. 113, Oct. 18, 1978, 92 Stat. 1605.) -REFTEXT- REFERENCES IN TEXT The Amateur Sports Act of 1978, referred to in subsec. (a), is Pub. L. 95-606, Nov. 8, 1978, 92 Stat. 3045, which enacted sections 372 to 382b and 391 to 396 of this title, amended section 371 of this title, repealed former sections 372 to 382 of this title, and enacted a provision set out as a note under section 371 of this title. For complete classification of this Act to the Code, see Short Title of 1978 Amendment note set out under section 371 of this title and Tables. -COD- CODIFICATION Section was not enacted as part of act Sept. 21, 1950, ch. 975, which comprises this chapter. ------DocID 41508 Document 421 of 1444------ -CITE- 36 USC SUBCHAPTER II -EXPCITE- TITLE 36 CHAPTER 17 SUBCHAPTER II -HEAD- SUBCHAPTER II - NATIONAL GOVERNING BODIES ------DocID 41509 Document 422 of 1444------ -CITE- 36 USC Sec. 391 -EXPCITE- TITLE 36 CHAPTER 17 SUBCHAPTER II -HEAD- Sec. 391. Recognition of amateur sports organizations -STATUTE- (a) National governing body; application; notice and hearing For any sport which is included on the program of the Olympic Games or the Pan-American Games, the Corporation is authorized to recognize as a national governing body an amateur sports organization which files an application and is eligible for such recognition, in accordance with the provisions of subsection (b) of this section. The Corporation shall recognize only one national governing body for each sport for which an application is made and approved. Prior to the recognition of a national governing body under the authority granted under this subchapter and in accordance with the procedures and requirements of this section, the Corporation shall hold a hearing open to the public on the application for such recognition. The Corporation shall publish notice of the time, place, and nature of the hearing. Publication shall be made in a regular issue of the Corporation's principal publication at least 30 days, but not more than 60 days, prior to the date of the hearing. (b) Eligibility requirements No amateur sports organization is eligible to be recognized or is eligible to continue to be recognized as a national governing body unless it - (1) is incorporated under the laws of any of the several States 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, and has the managerial and financial capability to plan and execute its obligations; (2) submits an application for recognition, in such form as the Corporation shall require, as a national governing body and, upon application, submits a copy of its corporate charter and bylaws and any additional information as is considered necessary or appropriate by the Corporation; (3) agrees to submit, upon demand of the Corporation, to binding arbitration conducted in accordance with the commercial rules of the American Arbitration Association in any controversy involving its recognition as a national governing body, as provided for in section 395 of this title, or involving the opportunity of any amateur athlete, coach, trainer, manager, administrator or official to participate in amateur athletic competition, as provided for in the Corporation's constitution and bylaws; (4) demonstrates that it is autonomous in the governance of its sport, in that it independently determines and controls all matters central to such governance, does not delegate such determination and control, and is free from outside restraint, and demonstrates that it is a member of no more than one international sports federation which governs a sport included on the program of the Olympic Games or the Pan-American Games; (5) 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 to any amateur sports organization which conducts programs in the sport for which recognition is sought, or to both; (6) provides an equal opportunity to amateur athletes, coaches, trainers, managers, administrators, and officials to participate in amateur athletic competition, without discrimination on the basis of race, color, religion, age, sex, or national origin, and with fair notice and opportunity for a hearing to any amateur athlete, coach, trainer, manager, administrator, or official before declaring such individual ineligible to participate; (7) is governed by a board of directors or other such governing board whose members are selected without regard to race, color, religion, national origin or sex, except that, in sports where there are separate male and female programs, it provides for reasonable representation of both males and females on such board of directors or other such governing board; (8) demonstrates that its board of directors or other such governing board includes among its voting members individuals who are actively engaged in amateur athletic competition in the sport for which recognition is sought or who have represented the United States in international amateur athletic competition in the sport for which recognition is sought within the preceding 10 years, and that the membership and voting power held by such individuals is not less than 20 percent of such membership and voting power held in that board of directors or other such governing board; (9) provides for reasonable direct representation on its board of directors or other such governing board for any amateur sports organization which, in the sport for which recognition is sought, conducts, on a level of proficiency appropriate for the selection of amateur athletes to represent the United States in international amateur athletic competition, a national program or regular national amateur athletic competition, and ensures that such representation shall reflect the nature, scope, quality, and strength of the programs and competitions of such amateur sports organization in relation to all other such programs and competitions in such sport in the United States; (10) demonstrates that none of its officers are also officers of any other amateur sports organization which is recognized as a national governing body; (11) provides procedures for the prompt and equitable resolution of grievances of its members; (12) does not have eligibility criteria relating to amateur status which are more restrictive than those of the appropriate international sports federation; and (13) demonstrates, if it is an amateur sports organization seeking recognition as a national governing body, that it is prepared to meet the obligations imposed on a national governing body under section 392 of this title. (c) Period within which to comply with eligibility requirements; suspension or revocation of recognition (1) Except as provided in paragraph (2), any amateur sports organization which on November 8, 1978, is recognized by the Corporation to represent a particular sport shall be considered to be the national governing body for that sport. Such an organization is exempt for a period of 2 years from November 8, 1978, from meeting the requirements of subsection (b) of this section, and during the 2-year period shall take the necessary actions to meet such requirements if it desires to retain its recognition. After the expiration of the 2-year period, such an organization shall continue as the national governing body for that sport unless the Corporation determines that such organization is not in compliance with the requirements of subsection (b) of this section, in which event the Corporation shall - (A) suspend the recognition of such national governing body; (B) revoke the recognition of such national governing body; or (C) extend the 2-year period for not longer than 1 year, if the national governing body has proven by clear and convincing evidence that, through no fault of its own, it needs additional time to comply with such requirements. If, at the end of the extension period referred to in subparagraph (C) of this paragraph, the national governing body has not complied with such requirements, the Corporation shall revoke the recognition of such national governing body. Any such national governing body aggrieved by the Corporation's determination under this subsection may submit a demand for arbitration in accordance with section 395(c) of this title. (2) Notwithstanding the provisions of paragraph (1), the Corporation may suspend or revoke the recognition of a national governing body during the 2-year period if such suspension or revocation is for the same reason as the Corporation could have revoked or suspended such national governing body prior to November 8, 1978. (d) Recommendation of national governing body as United States representative to appropriate international sports federation Within 61 days after recognizing an amateur sports organization as a national governing body, in accordance with subsection (a) of this section, the Corporation shall recommend and support in any appropriate manner such national governing body to the appropriate international sports federation as the representative of the United States for that sport. -SOURCE- (Sept. 21, 1950, ch. 975, title II, Sec. 201, as added Nov. 8, 1978, Pub. L. 95-606, Sec. 2, 92 Stat. 3050.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 373, 376, 395 of this title. ------DocID 41510 Document 423 of 1444------ -CITE- 36 USC Sec. 392 -EXPCITE- TITLE 36 CHAPTER 17 SUBCHAPTER II -HEAD- Sec. 392. Duties of national governing bodies -STATUTE- (a) For the sport which it governs, a national governing body is under duty to - (1) develop interest and participation throughout the United States and be responsible to the persons and amateur sports organizations it represents; (2) minimize, through coordination with other amateur sports organizations, conflicts in the scheduling of all practices and competitions; (3) keep amateur athletes informed of policy matters and reasonably reflect the views of such athletes in its policy decisions; (4) promptly review every request submitted by an amateur sports organization or person for a sanction (A) to hold an international amateur athletic competition in the United States; or (B) to sponsor United States amateur athletes to compete in international amateur athletic competition held outside the United States, and determine whether to grant such sanction, in accordance with the provisions of subsection (b) of this section; (5) allow an amateur athlete to compete in any international amateur athletic competition conducted under its auspices or that of any other amateur sports organization or person, unless it establishes that its denial was based on evidence that the organization or person conducting the competition did not meet the requirements stated in subsection (b) of this section; (6) provide equitable support and encouragement for participation by women where separate programs for male and female athletes are conducted on a national basis; (7) encourage and support amateur athletic sports programs for handicapped individuals and the participation of handicapped individuals in amateur athletic activity, including, where feasible, the expansion of opportunities for meaningful participation by handicapped individuals in programs of athletic competition for able-bodied individuals; (8) provide and coordinate technical information on physical training, equipment design, coaching, and performance analysis; and (9) encourage and support research, development, and dissemination of information in the areas of sports medicine and sports safety. (b) As a result of its review under subsection (a)(4) of this section, if a national governing body does not determine by clear and convincing evidence that holding or sponsoring an international amateur athletic competition would be detrimental to the best interest of the sport, the national governing body shall promptly grant to an amateur sports organization or person a sanction to - (1) hold an international amateur athletic competition in the United States, if such amateur sports organization or person - (A) pays to the national governing body any required sanctioning fee, if such fee is reasonable and nondiscriminatory; (B) demonstrates that - (i) appropriate measures have been taken to protect the amateur status of athletes who will take part in the competition and to protect their eligibility to compete in amateur athletic competition, (ii) appropriate provision has been made for validation of records which may be established during the competition, (iii) due regard has been given to any international amateur athletic requirements specifically applicable to the competition, (iv) the competition will be conducted by qualified officials, (v) proper medical supervision will be provided for athletes who will participate in the competition, and (vi) proper safety precautions have been taken to protect the personal welfare of the athletes and spectators at the competition, and (C) submits to the national governing body an audited or notarized financial report of similar events, if any, conducted by the amateur sports organization or person; or (2) sponsor United States amateur athletes to compete in international amateur athletic competition held outside the United States, if such amateur sports organization or person - (A) pays to the national governing body any required sanctioning fee, if such fee is reasonable and nondiscriminatory; (B) submits a letter from the appropriate entity which will hold the international amateur athletic competition certifying that - (i) appropriate measures have been taken to protect the amateur status of athletes who will take part in the competition and to protect their eligibility to compete in amateur athletic competition, (ii) appropriate provision has been made for validation of records which may be established during the competition, (iii) due regard has been given to any international amateur athletic requirements specifically applicable to the competition, (iv) the competition will be conducted by qualified officials, (v) proper medical supervision will be provided for athletes who will participate in the competition, and (vi) proper safety precautions have been taken to protect the personal welfare of the athletes and spectators at the competition; and (C) submits a report of the most recent trip, if any, to a foreign country which the amateur sports organization or person sponsored for the purpose of having United States amateur athletes compete in international amateur athletic competition. -SOURCE- (Sept. 21, 1950, ch. 975, title II, Sec. 202, as added Nov. 8, 1978, Pub. L. 95-606, Sec. 2, 92 Stat. 3052.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 391, 395 of this title. ------DocID 41511 Document 424 of 1444------ -CITE- 36 USC Sec. 393 -EXPCITE- TITLE 36 CHAPTER 17 SUBCHAPTER II -HEAD- Sec. 393. Authority of national governing bodies -STATUTE- For the sport which it governs, a national governing body is authorized to - (1) represent the United States in the appropriate international sports federation; (2) establish national goals and encourage the attainment of those goals; (3) serve as the coordinating body for amateur athletic activity in the United States; (4) exercise jurisdiction over international amateur athletic activities and sanction international amateur athletic 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 championships, and international amateur athletic competition in the United States, and establish procedures for the determination of eligiblity standards for participation in such competitions, except for that amateur athletic competition specified in section 396 of this title; (6) recommend to the Corporation individuals and teams to represent the United States in the Olympic Games and the Pan-American Games; and (7) designate individuals and teams to represent the United States in international amateur athletic competition (other than the Olympic Games and the Pan-American Games) and certify, in accordance with applicable international rules, the amateur eligibility of such individuals and teams. -SOURCE- (Sept. 21, 1950, ch. 975, title II, Sec. 203, as added Nov. 8, 1978, Pub. L. 95-606, Sec. 2, 92 Stat. 3054.) -MISC1- REPLACEMENT OF NATIONAL GOVERNING BODY PURSUANT TO ARBITRATION Pub. L. 96-304, title I, Sec. 100, July 8, 1980, 94 Stat. 898, provided in part that: 'none of the national governing body authority specified in section 203 of Public Law 95-606 (36 U.S.C. 393) as hereby amended shall be exercised by, a national governing body member of the Committee for a particular sport, when another amateur sports organization has been declared (pursuant to binding arbitration proceedings prescribed by the organic documents of the Committee) entitled to replace such national governing body as the member of the Committee for that sport.' ------DocID 41512 Document 425 of 1444------ -CITE- 36 USC Sec. 394 -EXPCITE- TITLE 36 CHAPTER 17 SUBCHAPTER II -HEAD- Sec. 394. Review -STATUTE- The Corporation may review all matters relating to the continued recognition of a national governing body and may take such action as it considers appropriate, including, but not limited to, placing conditions upon the continued recognition of the national governing body. -SOURCE- (Sept. 21, 1950, ch. 975, title II, Sec. 204, as added Nov. 8, 1978, Pub. L. 95-606, Sec. 2, 92 Stat. 3055.) ------DocID 41513 Document 426 of 1444------ -CITE- 36 USC Sec. 395 -EXPCITE- TITLE 36 CHAPTER 17 SUBCHAPTER II -HEAD- Sec. 395. Compelling compliance with eligibility requirements and performance of duties by national governing bodies -STATUTE- (a) Written complaint; exhaustion of remedies requirement; hearing; determination by Corporation; probation; revocation of recognition (1) Any amateur sports organization or person which belongs to or is eligible to belong to a national governing body may seek to compel such national governing body to comply with the requirements of sections 391(b) and 392 of this title by filing a written complaint with the Corporation. Such organization or person may take such action only after having exhausted all available remedies within such national governing body for correcting deficiencies, unless it can be shown by clear and convincing evidence that those remedies would have resulted in unnecessary delay. The Corporation shall establish procedures for the filing and disposition of complaints received under this subsection. A copy of the complaint shall also be served on the applicable national governing body. (2) Within 30 days after the filing of the complaint, the Corporation shall determine whether the organization has exhausted its remedies within the applicable national governing body, as provided in paragraph (1) of this subsection. If the Corporation determines that any such remedies have not been exhausted, it may direct that such remedies be pursued before the Corporation will further consider the complaint. (3)(A) Within 90 days after the filing of a complaint under paragraph (1) of this subsection, if the Corporation determines that all such remedies have been exhausted, it shall hold a hearing to receive testimony for the purpose of determining if such national governing body is in compliance with the requirements of sections 391(b) and 392 of this title. (B) If the Corporation determines, as a result of the hearings conducted pursuant to this subsection, that such national governing body is in compliance with the requirements of sections 391(b) and 392 of this title, it shall so notify the complainant and such national governing body. (C) If the Corporation determines, as a result of hearings conducted pursuant to this subsection, that such national governing body is not in compliance with the requirements of sections 391(b) and 392 of this title, it shall - (i) place such national governing body on probation for a specified period of time, not to exceed 180 days, which it considers necessary to enable such national governing body to comply with such requirements, or (ii) revoke the recognition of such national governing body. (D) If the Corporation places a national governing body on probation pursuant to this paragraph, it may extend the probationary period if the national governing body has proven by clear and convincing evidence that, through no fault of its own, it needs additional time to comply with such requirements. If, at the end of the period allowed by the Corporation, the national governing body has not complied with such requirements, the Corporation shall revoke the recognition of such national governing body. (b) Replacement of incumbent national governing body (b)(1) Any amateur sports organization may seek to replace an incumbent as the national governing body for a particular sport by filing with the Corporation a written application for such recognition. Such application shall be filed (A) within the 1-year period after the final day of any Olympic Games, in the case of a sport for which competition is held in the Olympic Games or in both the Olympic and Pan-American Games; or (B) within the 1-year period after the final day of any Pan-American Games, in the case of a sport for which competition is held in the Pan-American Games and not in the Olympic Games. If two or more organizations file applications for the same sport, such applications shall be considered in a single proceeding. (2) Any application filed under this subsection shall be filed with the Corporation by registered mail. The Corporation shall establish procedures for the filing and disposition of application received under this subsection. A copy of any such application for recognition shall also be served on the applicable national governing body. The Corporation shall inform the applicant for recognition that its application has been received. (3) Within 180 days after receipt of an application filed under this subsection, the Corporation shall conduct a formal hearing to determine the merits of the application. The Corporation shall publish notice of the time and place of such hearing in a regular issue of its principal publication at least 30 days, but not more than 60 days, prior to the date of the hearing. In the course of such hearing, the applicant and the national governing body shall be given a reasonable opportunity to present evidence supporting their respective positions. During such hearing, the applicant amateur sports organization must establish by a preponderance of the evidence that it meets the criteria for recognition as a national governing body under section 391(b) of this title, and that - (A) the national governing body does not meet the criteria of section 391(b) or 392 of this title; or (B) it more adequately meets the criteria of section 391(b) of this title, is capable of more adequately meeting the criteria of section 392 of this title, and provides or is capable of providing a more effective national program of competition, than the national governing body in the sport for which it seeks recognition. (4) Within 30 days of the close of the hearing required under this subsection, the Corporation shall - (A) uphold the right of the national governing body to continue as the national governing body for its sport; (B) revoke the recognition of the national governing body and declare a vacancy in the national governing body for that sport; (C) revoke the recognition of the national governing body and recognize the applicant as the national governing body; or (D) decide to place the national governing body on probation of not to exceed 180 days, pending the compliance of the national governing body, if such national governing body would have retained recognition except for a minor deficiency in one of the requirements of section 391(b) or 392 of this title. If the national governing body does not comply within the prescribed time period, the Corporation shall revoke the recognition of the national governing body and either recognize the applicant as the national governing body, or declare a vacancy in the national governing body for that sport. (5) Within 61 days after recognizing an amateur sports organization as a national governing body, in accordance with this subsection, the Corporation shall recommend and support in any appropriate manner such national governing body to the appropriate international sports federation as the representative of the United States for that sport. (c) Arbitration of Corporation determinations (c)(1) The right to review by any party aggrieved by a determination of the Corporation under the requirements of this section or section 391(c) of this title shall be to any regional office of the American Arbitration Association. Such demand for arbitration shall be submitted within 30 days of the determination of the Corporation. Upon receipt of such 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 of the filing of the demand, except that - (A) the arbitration panel shall consist of not less than three arbitrators, unless the parties to the proceeding mutually 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 mutually agree to the use of another site; and (C) the arbitration hearing shall be open to the public. (2) The arbitrators in any arbitration are empowered to settle any dispute arising under the provisions of this chapter prior to making a final award, if mutually agreed to by the parties to the proceeding and achieved in a manner not inconsistent with the constitution and bylaws of the Corporation. (3) Each contesting party may be represented by counsel or by any other duly authorized representative at the arbitration proceeding. The parties may offer any evidence which they desire and shall produce any additional evidence as the arbitrators believe necessary to an understanding 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 shall not be necessary. (4) All decisions by the arbitrators shall be by majority vote unless the concurrence of all is expressly required by the contesting parties. (5) Final decision of the arbitrators shall be binding upon the involved parties, if such award is not inconsistent with the constitution and bylaws of the Corporation. (6) The hearings may be reopened, by the arbitrators upon their own motion or upon the motion of any contesting party, at any time before a final decision is made, except that, if any contesting party makes such a motion, all parties to the decision must agree to reopen the hearings if such reopening would result in the arbitrators' decision being delayed beyond the specific period agreed upon at the beginning of the arbitration proceedings. -SOURCE- (Sept. 21, 1950, ch. 975, title II, Sec. 205, as added Nov. 8, 1978, Pub. L. 95-606, Sec. 2, 92 Stat. 3055.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 391 of this title. ------DocID 41514 Document 427 of 1444------ -CITE- 36 USC Sec. 396 -EXPCITE- TITLE 36 CHAPTER 17 SUBCHAPTER II -HEAD- Sec. 396. Jurisdiction of restricted amateur athletic competitions; national governing body sanction for international amateur athletic competitions -STATUTE- Any amateur sports organization which conducts amateur athletic competition, participation in which 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), shall have exclusive jurisdiction over such competition. If such an amateur sports organization wishes to conduct international amateur athletic competition to be held in the United States, or sponsor international amateur athletic competition to be held outside the United States, it shall obtain a sanction from the appropriate national governing body. -SOURCE- (Sept. 21, 1950, ch. 975, title II, Sec. 206, as added Nov. 8, 1978, Pub. L. 95-606, Sec. 2, 92 Stat. 3058.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 393 of this title. ------DocID 41515 Document 428 of 1444------ -CITE- 36 USC CHAPTER 18 -EXPCITE- TITLE 36 CHAPTER 18 -HEAD- CHAPTER 18 - NATIONAL CONFERENCE OF STATE SOCIETIES, WASHINGTON, DISTRICT OF COLUMBIA -MISC1- Sec. 401. Corporation created. 402. Purposes of corporation. 403. Powers of corporation. 404. Headquarters and principal office; territorial scope of activities; agent for service of process. 405. Membership. 406. Officers. 407. Board of representatives. (a) Composition; powers. (b) Election of officers; tenure. (c) Composition of initial board. 408. Acquisition of assets and liabilities of existing organization. 409. Distribution of income or assets to members. 410. Propaganda activities prohibited. 411. Nonpolitical nature of corporation. 412. Liability for acts of officers and agents. 413. Books and records; inspection. 414. Prohibition against issuance of stock or payment of dividends. 415. Loans to officers; liability. 416. Repealed. 417. Use of assets on dissolution or liquidation. 418. Exclusive right to name, seals, emblems, and badges. 419. Agents for service of process. 420. 'State' defined. 421. Reservation of right to amend or repeal chapter. ------DocID 41516 Document 429 of 1444------ -CITE- 36 USC Sec. 401 -EXPCITE- TITLE 36 CHAPTER 18 -HEAD- Sec. 401. Corporation created -STATUTE- The following named persons: Honorable Albert Rains, Gadsden, Alabama; Miss Ruth James, Gadsden, Alabama; Hoyt G. Irving, 512 Hoatson Street, Warren, Arizona; Miss Mary Capps, Nogales, Arizona; Claude M. Hirst, Prescott, Arkansas; Mrs. Gertrude Scott, 1123 Stratford Avenue, South Pasadena, California; Howard W. Scott, Box 122, Palisade, Colorado; Benjamin Sherman, Hartford, Connecticut; Miss Catherine Flynn, Meriden, Connecticut; Honorable J. Caleb Boggs, 1250 Kynlyn Drive, Wilmington, Delaware; Mrs. Ruth F. Henderson, Seaford, Delaware; Charles A. Henderson, Seaford, Delaware; Charles G. Lavin, Jacksonville, Florida; Miss Utha Gray Smith, Orange Court Hotel, Orlando, Florida; Colonel K. N. Parkinson, Blackfoot, Idaho; Honorable Addison T. Smith, Twin Falls, Idaho; Arnold M. Lederer, 5222 North Christiana Avenue, Chicago, Illinois; Miss Charlotte A. Marr, 6327 North Okato Avenue, Chicago, Illinois; Honorable Ralph Harvey, Rural Route 4, Newcastle, Indiana; Honorable Charles A. Halleck, 604 Jefferson Street, Rensselaer, Indiana; Mrs. Esther Costa, Indianapolis, Indiana; Honorable Bourke Blakemore Hickenlooper, Cedar Rapids, Iowa; Honorable Ben Franklin Jensen, Exira, Iowa; Honorable Andrew F. Schoeppel, 115 South Rutan Avenue, Wichita, Kansas; Charles H. Helsper, 1199 West Street, Topeka, Kansas; Robert W. Salyers, 1801 South Third Street, Louisville, Kentucky; F. M. Broussard, Lafayette, Louisiana; Paul Jones, Winfield, Louisiana; Honorable Homer E. Capehart, Capehart Farms, Washington, Indiana; Miss Pauline Pino, 2507 Boulevard, Las Vegas, New Mexico; Honorable Charles P. Nelson, Waterville, Maine; Charles LeRoy Haines, 21 Pine Street, Ellsworth, Maine; Miss Dorothy Bigelow, Easton, Maine; Donald Larabee, Gorham, Maine; Mrs. Winifred H. Grant, Wayside, Maryland; William R. Clay, 3 Pooks Hill Lane, Bethesda, Maryland; Charles F. Sharkey, 31 Thurston Street, Somerville, Massachusetts; Mrs. Leona K. Knight, Bloomfield Hill, Michigan; Miss Hazel Ireman, 922 South State Street, Ann Arbor, Michigan; Honorable Ruth Thompson, 816 Division Street, White Hall, Michigan; James A. Davis, 2027 Twenty-ninth Avenue, Meridian, Mississippi; Mrs. Donald Osborne Hays, Flora, Mississippi; Paul D. Best, Tunica, Mississippi; Eric G. Jannson, 5738 Walsh Street, Saint Louis, Missouri; Clarence McCune, 6425 McGee Boulevard, Kansas City, Missouri; Lawrence Scheewe, 540 Hillsdale Avenue, Helena, Montana; Miss Molly Clasby, Missoula, Montana; Miss Jessie Stearns, Lincoln, Nebraska; Walter R. Johnson, Omaha, Nebraska; William F. McMenamin, 1131 Ralston Street, Reno, Nevada; Miss Mildred Latham, 29 East First Street, Reno, Nevada; William J. Fleming, 45 North Stenton Street, Atlantic City, New Jersey; Ralph G. Denn, Rio Grande, New Jersey; Arthur Angel, 926 South Pacific, Las Vegas, New Mexico; Wilfred S. Dowling, 330 West Seventy-sixth Street, New York, New York; Miss Marie T. Dowling, 1882 DeKalb Avenue, Ridgewood, Brooklyn, New York; John K. Slear, 511 North Church Street, Charlotte, North Carolina; Mrs. W. Ney Evans, High Point, North Carolina; Peter Valiar, Winston-Salem, North Carolina; John S. Bartlett, 458 Moreley Avenue, Akron, Ohio; Carl M. Walker, Pierre, South Dakota; Miss Iva Van Horn, Kennebec, South Dakota; William L. Covington, 1510 Gale Avenue, Nashville, Tennessee; D. C. Scott Daniel, Paris, Tennessee; W. M. Burkhalter, McKenzie, Tennessee; Miss Bessie D. Thrasher, 2308 Highland Avenue, Nashville, Tennessee; Maurice R. Barnes, Kaysville, Utah; Don Cassidy, Tooele, Utah; Robert W. Barker, 1217 Washington Boulevard, Ogden, Utah; John Y. Merrell, Brigham City, Utah; Miss Dorothy Hurley, Saint Albans, Vermont; Captain George P. Grove, 3608 North Albemarle Street, Arlington, Virginia; Mrs. Grace Montgomery, 301 Bellview Boulevard, Alexandria, Virginia; Colonel Heber H. Rice, 206 West Eleventh Avenue, Huntington, West Virginia; Willis G. Kemper, 45 Maple Avenue, Morgantown, West Virginia; Honorable Harley M. Kilgore, Beckley, West Virginia; Honorable J. R. Farrington, 3180 Pacific Heights Road, Honolulu, Hawaii; Mrs. Margaret C. Turner, 607 Stangenwald Building, Honolulu, Hawaii; Ray E. Davis, Melbourne, Arkansas; George A. Herman, 11 Crocker Road, Medford, Massachusetts; Kenneth W. Ingwalson, Little Falls, Minnesota; J. F. Caprenter, Crookston, Minnesota; Earl Cox, 17 Alfaretta Avenue, Akron, Ohio; John M. King, 1318 Northwest Ninety-first Street, Oklahoma City, Oklahoma; Kenneth N. Hardy, Edmond, Oklahoma; Keith Hall, 808 North Holman Street, Portland, Oregon; Miss Pherne Miller, Eugene, Oregon; Honorable O. E. Teague, Bryan, Texas; L. Tex Easley, 1106 Wesleyan Avenue, Fort Worth, Texas; Honorable William K. Van Pelt, 47 Oak Lawn Avenue, Fond du Lac, Wisconsin; Walter Haefs, Oshkosh, Wisconsin; H. Mills Astin, 815 East Fifth Street, Casper, Wyoming; Miss Marian Jones, Lingle, Wyoming; Honorable John J. Allen, Junior, Oakland, California; Milo Palmer, Concord, New Hampshire; Miss Victoria E. Dobroska, 78 Temple Street, Nashua, New Hampshire; Major General Floyd L. Parks, Greenville, South Carolina; Reverend J. Warren Hastings, Seattle, Washington; and other persons who are members of the Conference of State Societies, Washington. District of Columbia, their successors, and persons admitted to membership pursuant to the provisions of this chapter, are created and declared to be a body corporate by the name of the 'National Conference of State Societies, Washington, District of Columbia', and by such name shall be known and have perpetual succession and the powers, limitations, and restrictions contained in this chapter. -SOURCE- (Apr. 3, 1952, ch. 131, Sec. 1, 66 Stat. 37; July 5, 1968, Pub. L. 90-382, Sec. 1(1), 82 Stat. 292.) -MISC1- AMENDMENTS 1968 - Pub. L. 90-382 redesignated the Conference of State Societies as the National Conference of State Societies. ------DocID 41517 Document 430 of 1444------ -CITE- 36 USC Sec. 402 -EXPCITE- TITLE 36 CHAPTER 18 -HEAD- Sec. 402. Purposes of corporation -STATUTE- The purposes of this corporation shall be to promote friendly and cooperative relations between the various State and Territorial societies in the District of Columbia, and to foster, participate in, and encourage educational, cultural, charitable, civic, and patriotic programs, and activities in the District of Columbia and surrounding communities, to act as contact agent with States for carrying out State and National programs. -SOURCE- (Apr. 3, 1952, ch. 131, Sec. 2, 66 Stat. 38.) ------DocID 41518 Document 431 of 1444------ -CITE- 36 USC Sec. 403 -EXPCITE- TITLE 36 CHAPTER 18 -HEAD- Sec. 403. Powers of corporation -STATUTE- The corporation shall have the following powers: (a) To sue and be sued, complain and defend in any court of competent jurisdiction; (b) To adopt, alter, and use a corporate seal; (c) To choose such officers, managers, and agents as the business of the corporation may require; (d) To ordain and establish bylaws and regulations, not inconsistent with the laws of the United States of America or of any State in which the corporation operates, for the management of its property and the regulation of its affairs; (e) To contract and be contracted with; (f) To take and hold by lease, gift, purchase, grant, devise, or bequest any property, real or personal, necessary for carrying into effect the purposes of the corporation, subject to applicable provisions of law of any State (1) governing the amount or kind of real and personal property which may be held by, or (2) otherwise limiting or controlling the ownership of real and personal property by, a corporation operating in such State; (g) To transfer or convey real or personal property; (h) To borrow money for the purposes of the corporation, issue notes, bonds, or other evidences of indebtedness therefor, and secure the same by mortgage, subject in every case to all applicable provisions of Federal or State law; (i) To use and display such emblems and badges as it may adopt; (j) To publish a newspaper, magazine, or other publication consistent with its corporate purposes; (k) To do any and all acts necessary and proper to carry out the purposes of the corporation. -SOURCE- (Apr. 3, 1952, ch. 131, Sec. 3, 66 Stat. 38.) ------DocID 41519 Document 432 of 1444------ -CITE- 36 USC Sec. 404 -EXPCITE- TITLE 36 CHAPTER 18 -HEAD- Sec. 404. Headquarters and principal office; territorial scope of activities; agent for service of process -STATUTE- (a) The headquarters and principal offices of the corporation shall be located in Washington, District of Columbia, but the activities of the corporation shall not be confined to that place, but may be conducted throughout the various States and Territories of the United States. (b) The corporation shall maintain at all times in the District of Columbia a designated agent authorized to accept service of process for the Corporation, such designation to be filed in the office of the clerk of the United States District Court for the District of Columbia. Notice to, or service upon, such agent, or mailed to the address of such agent, shall be deemed sufficient notice or service upon the corporation. -SOURCE- (Apr. 3, 1952, ch. 131, Sec. 4, 66 Stat. 39.) ------DocID 41520 Document 433 of 1444------ -CITE- 36 USC Sec. 405 -EXPCITE- TITLE 36 CHAPTER 18 -HEAD- Sec. 405. Membership -STATUTE- The membership of the corporation shall be made up of the members of the various State and Territorial societies in the District of Columbia. Eligibility for membership in the corporation and the rights and privileges of members shall, except as provided in this chapter, be determined according to the regulations and bylaws of the corporation. -SOURCE- (Apr. 3, 1952, ch. 131, Sec. 5, 66 Stat. 39.) ------DocID 41521 Document 434 of 1444------ -CITE- 36 USC Sec. 406 -EXPCITE- TITLE 36 CHAPTER 18 -HEAD- Sec. 406. Officers -STATUTE- The officers of the corporation shall be a president, first vice president, second vice president, secretary, assistant secretary, treasurer, assistant treasurer, historian, and such other officers as may be designated by the governing body. -SOURCE- (Apr. 3, 1952, ch. 131, Sec. 6, 66 Stat. 39.) ------DocID 41522 Document 435 of 1444------ -CITE- 36 USC Sec. 407 -EXPCITE- TITLE 36 CHAPTER 18 -HEAD- Sec. 407. Board of representatives -STATUTE- (a) Composition; powers The governing body of the corporation shall be a board of representatives which shall consist of one representative from each State society and Territorial society in the District of Columbia. Such board of representatives shall exercise the powers herein granted to the corporation, and each member of such board shall have one vote upon all matters determined. (b) Election of officers; tenure The officers shall be elected by such board of representatives at an annual meeting and shall serve for a term of one year. (c) Composition of initial board The first board of representatives shall be composed of the following: Chairman, Charles LeRoy Haines; first vice chairman, Lawrence Scheewe; second vice chairman, Mrs. Esther Costa; secretary, Miss Bessie D. Thrasher; assistant secretary, Miss Dorothy Bigelow; treasurer, Mrs. Charles Henderson; regional directors, William J. Fleming, chairman; region I, Miss Catherine Flynn; region II, William Clay; region III, John Slear; region IV, James A. Davis; region V, Arnold M. Lederer; region VI, Miss Carlotta Reedy; region VII, Claude M. Hirst; region VIII, Major Robert Joy; region IX, Colonel K. N. Parkinson. Ray E. Davis, Hoyt G. Irving, Mrs. Gertrude J. Scott, John J. Shaforth, Miss Utha Gray Smith, Ernest W. Ellis, Gertrude L. Groman, Mrs. Edna Rose Pearson, Mrs. Donald O. Hays, James H. Pearson, William McMenamin, Wilfred S. Dowling, John S. Bartlett, Mrs. Maurine Howard Abernathy, Carl M. Walker, Don Cassidy, William Garnett Lee, Walter Haefs, Heber H. Rice, Miss Marion Jones, Miss Dorothy Hurley, Charles F. Sharkey, Arthur Angel, Ralph A. Patterson, Miss Hazel Ireman. -SOURCE- (Apr. 3, 1952, ch. 131, Sec. 7, 66 Stat. 39.) ------DocID 41523 Document 436 of 1444------ -CITE- 36 USC Sec. 408 -EXPCITE- TITLE 36 CHAPTER 18 -HEAD- Sec. 408. Acquisition of assets and liabilities of existing organization -STATUTE- The corporation may acquire any or all of the assets of the existing organization known as the Conference of State Societies, Washington, District of Columbia, upon discharging or providing for the payment and discharge of all its liabilities; and shall promptly file with the Congress full information with respect to such discharge provisions. -SOURCE- (Apr. 3, 1952, ch. 131, Sec. 8, 66 Stat. 40.) ------DocID 41524 Document 437 of 1444------ -CITE- 36 USC Sec. 409 -EXPCITE- TITLE 36 CHAPTER 18 -HEAD- Sec. 409. Distribution of income or assets to members -STATUTE- No part of the income or assets of the corporation shall inure or be distributable to any member or officer thereof except upon dissolution and final liquidation of the corporation as provided in section 417 of this title. -SOURCE- (Apr. 3, 1952, ch. 131, Sec. 9, 66 Stat. 40.) ------DocID 41525 Document 438 of 1444------ -CITE- 36 USC Sec. 410 -EXPCITE- TITLE 36 CHAPTER 18 -HEAD- Sec. 410. Propaganda activities prohibited -STATUTE- No part of the activities of the corporation shall consist of carrying on propaganda. -SOURCE- (Apr. 3, 1952, ch. 131, Sec. 10, 66 Stat. 40.) ------DocID 41526 Document 439 of 1444------ -CITE- 36 USC Sec. 411 -EXPCITE- TITLE 36 CHAPTER 18 -HEAD- Sec. 411. Nonpolitical nature of corporation -STATUTE- The corporation, and its members and officers as such, shall not contribute to or otherwise support or assist any political party or candidate for elective public office. -SOURCE- (Apr. 3, 1952, ch. 131, Sec. 11, 66 Stat. 40.) ------DocID 41527 Document 440 of 1444------ -CITE- 36 USC Sec. 412 -EXPCITE- TITLE 36 CHAPTER 18 -HEAD- Sec. 412. Liability for acts of officers and agents -STATUTE- The corporation shall be liable for the acts of its officers and agents when acting within the scope of their authority. -SOURCE- (Apr. 3, 1952, ch. 131, Sec. 12, 66 Stat. 40.) ------DocID 41528 Document 441 of 1444------ -CITE- 36 USC Sec. 413 -EXPCITE- TITLE 36 CHAPTER 18 -HEAD- Sec. 413. Books and records; inspection -STATUTE- The corporation shall keep current and complete books and records of account and shall also keep minutes of the proceedings of its members and of the board of representatives or committees having any authority of the board of representatives. It shall keep at its principal office a record of the names and addresses of its members entitled to vote. All books and records of the corporation may be inspected by any member or his agent or attorney for any proper purpose at any reasonable time. -SOURCE- (Apr. 3, 1952, ch. 131, Sec. 13, 66 Stat. 40.) ------DocID 41529 Document 442 of 1444------ -CITE- 36 USC Sec. 414 -EXPCITE- TITLE 36 CHAPTER 18 -HEAD- Sec. 414. Prohibition against issuance of stock or payment of dividends -STATUTE- The corporation shall not have or issue any shares of stock, nor declare or pay any dividends. -SOURCE- (Apr. 3, 1952, ch. 131, Sec. 14, 66 Stat. 40.) ------DocID 41530 Document 443 of 1444------ -CITE- 36 USC Sec. 415 -EXPCITE- TITLE 36 CHAPTER 18 -HEAD- Sec. 415. Loans to officers; liability -STATUTE- The corporation shall not make any loans to its officers or members of the board of representatives. Any officer or board of representatives member who votes for or assents to the making of a loan or advance to an officer or board of representatives member, and any officer or board of representatives member who participates in the making of such a loan or advance, shall be jointly and severally liable to the corporation for the amount of such loan until the repayment thereof. -SOURCE- (Apr. 3, 1952, ch. 131, Sec. 15, 66 Stat. 40.) ------DocID 41531 Document 444 of 1444------ -CITE- 36 USC Sec. 416 -EXPCITE- TITLE 36 CHAPTER 18 -HEAD- Sec. 416. Repealed. Pub. L. 88-504, Sec. 4(17), Aug. 30, 1964, 78 Stat. 637 -MISC1- Section, act Apr. 3, 1952, ch. 131, Sec. 16, 66 Stat. 40, related to audit of financial transactions and report of such audit to Congress. See sections 1101 to 1103 of this title. ------DocID 41532 Document 445 of 1444------ -CITE- 36 USC Sec. 417 -EXPCITE- TITLE 36 CHAPTER 18 -HEAD- Sec. 417. Use of assets on dissolution or liquidation -STATUTE- Upon final dissolution or liquidation of the corporation, and after the discharge or satisfaction of all outstanding obligations and liabilities, the remaining assets of the corporation shall be divided equally among the State and Territorial societies in the District of Columbia. -SOURCE- (Apr. 3, 1952, ch. 131, Sec. 17, 66 Stat. 41.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 409 of this title. ------DocID 41533 Document 446 of 1444------ -CITE- 36 USC Sec. 418 -EXPCITE- TITLE 36 CHAPTER 18 -HEAD- Sec. 418. Exclusive right to name, seals, emblems, and badges -STATUTE- The Corporation shall have the exclusive right to use, in carrying out its purposes, the name, 'National Conference of State Societies, Washington, District of Columbia,' and such seals, emblems, and badges as it may adopt. -SOURCE- (Apr. 3, 1952, ch. 131, Sec. 18, 66 Stat. 41; July 5, 1968, Pub. L. 90-382, Sec. 1(2), 82 Stat. 292.) -MISC1- AMENDMENTS 1968 - Pub. L. 90-382 substituted 'National Conference of State Societies, Washington, District of Columbia' for 'Conference of State Societies, Washington, D.C.' ------DocID 41534 Document 447 of 1444------ -CITE- 36 USC Sec. 419 -EXPCITE- TITLE 36 CHAPTER 18 -HEAD- Sec. 419. Agents for service of process -STATUTE- As a condition precedent to the exercise in any State of any power or privilege granted or conferred by this chapter, the corporation shall serve notice upon the secretary of state, or similar officer, of any such State of the name and address of an authorized agent in such State upon whom legal process or demands against the corporation may be served. -SOURCE- (Apr. 3, 1952, ch. 131, Sec. 19, 66 Stat. 41.) ------DocID 41535 Document 448 of 1444------ -CITE- 36 USC Sec. 420 -EXPCITE- TITLE 36 CHAPTER 18 -HEAD- Sec. 420. 'State' defined -STATUTE- As used in this chapter the word State includes the District of Columbia. -SOURCE- (Apr. 3, 1952, ch. 131, Sec. 20, 66 Stat. 41.) ------DocID 41536 Document 449 of 1444------ -CITE- 36 USC Sec. 421 -EXPCITE- TITLE 36 CHAPTER 18 -HEAD- Sec. 421. Reservation of right to amend or repeal chapter -STATUTE- The right to repeal, alter, or amend this chapter at any time is expressly reserved. -SOURCE- (Apr. 3, 1952, ch. 131, Sec. 21, 66 Stat. 41.) ------DocID 41537 Document 450 of 1444------ -CITE- 36 USC CHAPTER 19 -EXPCITE- TITLE 36 CHAPTER 19 -HEAD- CHAPTER 19 - CORREGIDOR BATAAN MEMORIAL COMMISSION ------DocID 41538 Document 451 of 1444------ -CITE- 36 USC Sec. 426 -EXPCITE- TITLE 36 CHAPTER 19 -HEAD- Sec. 426. Omitted -COD- CODIFICATION Section, acts Aug. 5, 1953, ch. 326, 67 Stat. 366; Aug. 9, 1955, ch. 658, 69 Stat. 589; Aug. 28, 1957, Pub. L. 85-179, 71 Stat. 457; July 25, 1958, Pub. L. 85-556, Sec. 1, 2, 72 Stat. 416, 417; Dec. 23, 1963, Pub. L. 88-240, Sec. 1, 77 Stat. 477; Aug. 19, 1964, Pub. L. 88-448, title IV, Sec. 402(a)(31), 78 Stat. 495, authorized the President to appoint a Commission to be known as the Corregidor Bataan Memorial Commission, which Commission terminated pursuant to section 2 of Pub. L. 88-240, set out below. -MISC3- TERMINATION OF COMMISSION Pub. L. 88-240, Sec. 2, Dec. 23, 1963, 77 Stat. 477, provided that the Corregidor Bataan Memorial Commission would cease to exist upon completion of the construction authorized by Pub. L. 88-240, or on May 6, 1967, at the latest. ------DocID 41539 Document 452 of 1444------ -CITE- 36 USC CHAPTER 20 -EXPCITE- TITLE 36 CHAPTER 20 -HEAD- CHAPTER 20 - NATIONAL CONFERENCE ON CITIZENSHIP -MISC1- Sec. 431. Corporation created. 432. Completion of organization. 433. Objects and purposes of corporation. 434. Powers of corporation. 435. Headquarters and principal office; territorial scope of activities; agent for service of process. 436. Membership; voting rights. 437. National officers. 438. Board of Directors. (a) Composition. (b) Election. (c) Meetings. (d) Executive committee. (e) Executive director; professional staff members. 439. Distribution of income or assets to members; loans. 440. Nonpolitical nature of corporation. 441. Liability for acts of officers and agents. 442. Prohibition against issuance of stock or payment of dividends. 443. Books and records; inspection. 444. Repealed. 445. Use of assets on dissolution or liquidation. 446. Exclusive right to name, emblems, seals, and badges. 447. Reservation of right to amend or repeal chapter. ------DocID 41540 Document 453 of 1444------ -CITE- 36 USC Sec. 431 -EXPCITE- TITLE 36 CHAPTER 20 -HEAD- Sec. 431. Corporation created -STATUTE- The following persons: Robert N. Anderson, Arlington, Virginia; Emma Mae Brotze, Marshall, Texas; Leo M. Cadison, Asheville, North Carolina; Thomas F. Clear, Stamford, Connecticut; Earle T. Hawkins, Towson, Maryland; Carl B. Hyatt, Rockville, Maryland; Richard B. Kennan, Chevy Chase, Maryland; and Justin Miller, Pacific Palisades, California, are created a body corporate by the name of the National Conference on Citizenship (hereinafter referred to as the 'corporation') and by such name shall be known and have perpetual succession and the powers and limitations contained in this chapter. -SOURCE- (Aug. 13, 1953, ch. 427, Sec. 1, 67 Stat. 562.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 432, 437 of this title. ------DocID 41541 Document 454 of 1444------ -CITE- 36 USC Sec. 432 -EXPCITE- TITLE 36 CHAPTER 20 -HEAD- Sec. 432. Completion of organization -STATUTE- The persons named in section 431 of this title are authorized to complete the organization of the corporation by the selection of officers and employees, the adoption of regulations and bylaws and the doing of such other acts as may be necessary for such purpose. -SOURCE- (Aug. 13, 1953, ch. 427, Sec. 2, 67 Stat. 562.) ------DocID 41542 Document 455 of 1444------ -CITE- 36 USC Sec. 433 -EXPCITE- TITLE 36 CHAPTER 20 -HEAD- Sec. 433. Objects and purposes of corporation -STATUTE- The objects and purposes of the corporation shall be - (1) to hold annually a national conference on citizenship on or about 'Citizenship Day', September 17; (2) to assist in the development of more dynamic procedures for making citizenship more effective, including the promotion and encouragement of local, State, and regional citizenship conferences; and (3) to indicate the ways and means by which various organizations may contribute concretely to the development of a more active, alert, enlightened, conscientious, and progressive citizenry in our country. -SOURCE- (Aug. 13, 1953, ch. 427, Sec. 3, 67 Stat. 562.) ------DocID 41543 Document 456 of 1444------ -CITE- 36 USC Sec. 434 -EXPCITE- TITLE 36 CHAPTER 20 -HEAD- Sec. 434. Powers of corporation -STATUTE- The corporation shall have power - (1) to sue and be sued, complain, and defend in any court of competent jurisdiction; (2) to adopt, alter, and use a corporate seal; (3) to choose such officers, managers, agents, and employees as the business of the corporation may require; (4) to adopt, amend, and alter bylaws and regulations, not inconsistent with the laws of the United States or any State in which such corporation is to operate, for the management of its property and the regulation of its affairs, including the establishment and maintenance of local and State conferences on citizenship; (5) to contract and be contracted with; (6) to take and hold by lease, gift, purchase, grant, devise, or bequest any property, real or personal, necessary for attaining the objects and accomplishing the purposes of the corporation, subject to applicable provisions of law of any State (a) governing the amount or kind of real and personal property which may be held by, or (b) otherwise limiting or controlling the ownership of real and personal property by a corporation operating in such State; (7) to transfer and convey real or personal property; (8) to borrow money for the purposes of the corporation, issue bonds therefor, and secure the same by mortgage, subject to all applicable provisions of Federal or State law; (9) to use the corporate funds to give prizes, or awards, to citizens for outstanding contributions toward the achievement of the purposes of the corporation; (10) to publish a magazine or other publication consistent with its corporate purposes; (11) to use and display such emblems and badges as it may adopt; and (12) to do any and all acts and things necessary and proper to carry out the objects and purposes of the corporation. -SOURCE- (Aug. 13, 1953, ch. 427, Sec. 4, 67 Stat. 562.) ------DocID 41544 Document 457 of 1444------ -CITE- 36 USC Sec. 435 -EXPCITE- TITLE 36 CHAPTER 20 -HEAD- Sec. 435. Headquarters and principal office; territorial scope of activities; agent for service of process -STATUTE- (a) The headquarters and principal offices of the corporation shall be located in the District of Columbia, or in the States of Maryland or Virginia, but the activities of the corporation shall not be confined to these places but may be conducted throughout the various States, Territories, and possessions of the United States. (b) The corporation shall maintain at all times in the District of Columbia a designated agent authorized to accept service of process for the corporation, such designation to be filed in the office of the clerk of the United States District Court for the District of Columbia. Notice to or service upon such agent, or mailed to the business address of such agent, shall be deemed sufficient notice or service upon the corporation. -SOURCE- (Aug. 13, 1953, ch. 427, Sec. 5, 67 Stat. 563.) ------DocID 41545 Document 458 of 1444------ -CITE- 36 USC Sec. 436 -EXPCITE- TITLE 36 CHAPTER 20 -HEAD- Sec. 436. Membership; voting rights -STATUTE- Membership in the corporation shall be confined to agencies and organizations and the rights and privileges of membership shall, except as otherwise provided in this chapter, be prescribed by the bylaws of the corporation. In the conduct of the business of the annual national conference on citizenship each agency or organization sending delegates to, and participating in such conference shall have one vote. -SOURCE- (Aug. 13, 1953, ch. 427, Sec. 6, 67 Stat. 563.) ------DocID 41546 Document 459 of 1444------ -CITE- 36 USC Sec. 437 -EXPCITE- TITLE 36 CHAPTER 20 -HEAD- Sec. 437. National officers -STATUTE- (a) The national officers shall be a president, who shall serve as chairman of the board of directors and of the executive committee, a first vice president, a second vice president, a third vice president, a secretary, and a treasurer, to be selected from the officers and members of the member agencies or organizations participating in the conference. (b) For the purposes of initiating the corporation, the national officers shall be elected within ten days of August 13, 1953, by the persons named in section 431 of this title, to serve until the final session of the next following annual conference. Thereafter, the national officers of the corporation shall be elected biennially by a majority vote of the agencies and organizations sending delegates to, and participating in the annual conference, one vote to each such agency and to each such organization. -SOURCE- (Aug. 13, 1953, ch. 427, Sec. 7, 67 Stat. 563.) ------DocID 41547 Document 460 of 1444------ -CITE- 36 USC Sec. 438 -EXPCITE- TITLE 36 CHAPTER 20 -HEAD- Sec. 438. Board of Directors -STATUTE- (a) Composition From August 13, 1953, until the final session of the next following annual conference, the governing body of the corporation, which shall exercise the powers herein granted to the corporation, shall be the persons named in section 431 of this title and such additional persons as shall be named by them. Thereafter, the governing body of the corporation shall be a board of directors consisting of such number (not less than ten including ex officio members) as the bylaws may prescribe. The Board of Directors shall be selected from the officers or members of the member agencies or organizations participating in the conference. (b) Election The members of the board of directors shall be elected for such term as the bylaws shall prescribe by a majority vote of the agencies and organizations sending delegates to, and participating in the annual conference, one vote to each such agency and to each such organization. (c) Meetings The board shall meet at least once each year at such time and place as may be prescribed by the bylaws. The annual report of the board shall be presented at such meeting. Special meetings of the board may be called as prescribed by the bylaws. (d) Executive committee The board shall designate three of its own members, who together with the president and the three vice presidents shall constitute the executive committee which, when the board is not in session, shall have and exercise the powers of the board subject to its direction and have the power to authorize the seal of the corporation to be affixed to all papers which may require it. (e) Executive director; professional staff members An executive director for the corporation shall be selected by the executive committee in keeping with qualifications and terms of employment adopted by such committee. Other professional staff members shall be nominated by the executive director and approved by the executive committee. -SOURCE- (Aug. 13, 1953, ch. 427, Sec. 8, 67 Stat. 564.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 439 of this title. ------DocID 41548 Document 461 of 1444------ -CITE- 36 USC Sec. 439 -EXPCITE- TITLE 36 CHAPTER 20 -HEAD- Sec. 439. Distribution of income or assets to members; loans -STATUTE- (a) No part of the income or assets of the corporation shall inure to any member, officer, or director, or be distributable to any such person, agency, or organization except upon dissolution or final liquidation of the corporation as provided in section 445 of this title. Nothing in this subsection, however, shall be construed to prevent the executive committee from adopting terms of employment of the executive director as prescribed by section 438(e) of this title. (b) The corporation shall not make loans to its officers, directors, or employees. Any director who votes for or assents to the making of a loan to an officer, director, or employee of the corporation, and any officer who participates in the making of such loan shall be jointly and severally liable to the corporation for the amount of such loan until the repayment thereof. -SOURCE- (Aug. 13, 1953, ch. 427, Sec. 9, 67 Stat. 564.) ------DocID 41549 Document 462 of 1444------ -CITE- 36 USC Sec. 440 -EXPCITE- TITLE 36 CHAPTER 20 -HEAD- Sec. 440. Nonpolitical nature of corporation -STATUTE- The corporation, and its members, officers, and directors, as such, shall not contribute to or otherwise support or assist any political party or candidate for elective public office, nor advocate, sponsor, or promote legislation in the Congress of the United States or in the legislatures of the several States. -SOURCE- (Aug. 13, 1953, ch. 427, Sec. 10, 67 Stat. 564.) ------DocID 41550 Document 463 of 1444------ -CITE- 36 USC Sec. 441 -EXPCITE- TITLE 36 CHAPTER 20 -HEAD- Sec. 441. Liability for acts of officers and agents -STATUTE- The corporation shall be liable for the acts of its officers and agents when acting within the scope of their authority. -SOURCE- (Aug. 13, 1953, ch. 427, Sec. 11, 67 Stat. 565.) ------DocID 41551 Document 464 of 1444------ -CITE- 36 USC Sec. 442 -EXPCITE- TITLE 36 CHAPTER 20 -HEAD- Sec. 442. Prohibition against issuance of stock or payment of dividends -STATUTE- The corporation shall have no power to issue any shares of stock, nor to declare or pay any dividends, its objects and purposes being solely patriotic and educational. -SOURCE- (Aug. 13, 1953, ch. 427, Sec. 12, 67 Stat. 565.) ------DocID 41552 Document 465 of 1444------ -CITE- 36 USC Sec. 443 -EXPCITE- TITLE 36 CHAPTER 20 -HEAD- Sec. 443. Books and records; inspection -STATUTE- The corporation shall keep correct and complete books and records of account and shall also keep minutes of the proceedings of the annual conference, the board of directors, and committees having any authority under the board of directors; and it shall also keep at its principal office a record of the names and addresses of its members entitled to vote. All books and records of the corporation may be inspected by any member entitled to vote or his agent or attorney at any reasonable time. -SOURCE- (Aug. 13, 1953, ch. 427, Sec. 13, 67 Stat. 565.) ------DocID 41553 Document 466 of 1444------ -CITE- 36 USC Sec. 444 -EXPCITE- TITLE 36 CHAPTER 20 -HEAD- Sec. 444. Repealed. Pub. L. 88-504, Sec. 4(18), Aug. 30, 1964, 78 Stat. 637 -MISC1- Section, act Aug. 13, 1953, ch. 427, Sec. 14, 67 Stat. 565, related to audit of financial transactions and report of such audit to the Comptroller General. See sections 1101 to 1103 of this title. ------DocID 41554 Document 467 of 1444------ -CITE- 36 USC Sec. 445 -EXPCITE- TITLE 36 CHAPTER 20 -HEAD- Sec. 445. Use of assets on dissolution or liquidation -STATUTE- Upon final dissolution or liquidation of the corporation, and after the discharge or satisfaction of all outstanding obligations and liabilities, the remaining assets of the corporation shall be transferred by the board of directors to some recognized agency or agencies engaged in the furtherance and advancement of citizenship. -SOURCE- (Aug. 13, 1953, ch. 427, Sec. 15, 67 Stat. 565.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 439 of this title. ------DocID 41555 Document 468 of 1444------ -CITE- 36 USC Sec. 446 -EXPCITE- TITLE 36 CHAPTER 20 -HEAD- Sec. 446. Exclusive right to name, emblems, seals, and badges -STATUTE- The corporation shall have the sole and exclusive right to use the name, the National Conference on Citizenship, and such emblems, seals, and badges as the corporation may lawfully adopt. -SOURCE- (Aug. 13, 1953, ch. 427, Sec. 16, 67 Stat. 565.) ------DocID 41556 Document 469 of 1444------ -CITE- 36 USC Sec. 447 -EXPCITE- TITLE 36 CHAPTER 20 -HEAD- Sec. 447. Reservation of right to amend or repeal chapter -STATUTE- The right to alter, amend, or repeal this chapter is expressly reserved. -SOURCE- (Aug. 13, 1953, ch. 427, Sec. 17, 67 Stat. 565.) ------DocID 41557 Document 470 of 1444------ -CITE- 36 USC CHAPTER 21 -EXPCITE- TITLE 36 CHAPTER 21 -HEAD- CHAPTER 21 - NATIONAL SAFETY COUNCIL -MISC1- Sec. 461. Corporation created. 462. Completion of organization. 463. Objects and purposes of corporation. 464. Powers of corporation. 465. Principal office; territorial scope of activities; agent for service of process. 466. Membership; voting rights. 467. Board of directors. (a) Composition of initial board. (b) Composition of subsequent boards; tenure. (c) Duties. 468. Officers; election; executive vice president. 469. Trustees; powers. 470. Distribution of income or assets to members; loans. 471. Nonpolitical nature of corporation. 472. Liability for acts of officers and agents. 473. Prohibition against issuance of stock or payment of dividends. 474. Books and records; inspection. 475. Repealed. 476. Use of assets on dissolution or liquidation. 477. Exclusive right to name, emblems, seals, and badges. 478. Acquisition of assets and liabilities of existing corporation. 479. Reservation of right to amend or repeal chapter. ------DocID 41558 Document 471 of 1444------ -CITE- 36 USC Sec. 461 -EXPCITE- TITLE 36 CHAPTER 21 -HEAD- Sec. 461. Corporation created -STATUTE- Melvin H. Baker, Lawrence D. Bell, James B. Black, S. Bruce Black, Morgan B. Brainard, John W. Carpenter, Ray Carr, William G. Chandler, Kenneth B. Colman, Frederick C. Crawford, Walter J. Cummings, Richard R. Deupree, Benjamin F. Fairless, Wallace Falvey, Francis J. Gavin, George A. Jacoby, George E. Leighty, Horace P. Liversidge, Henry E. North, Thomas I. Parkinson, A. V. Rohweder, William A. Simpson, Lee E. Skeel, W. A. Stewart, John Stilwell, J. E. Trainer, and Juan T. Trippe are created and declared to be a body corporate by the name of National Safety Council, hereinafter called the corporation, and by such name shall be known and have perpetual succession and the powers and limitations contained in this chapter. -SOURCE- (Aug. 13, 1953, ch. 429, Sec. 1, 67 Stat. 569.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 462 of this title. ------DocID 41559 Document 472 of 1444------ -CITE- 36 USC Sec. 462 -EXPCITE- TITLE 36 CHAPTER 21 -HEAD- Sec. 462. Completion of organization -STATUTE- The persons named in section 461 of this title are authorized to complete the organization of the corporation by the selection of officers and employees, the adoption of a constitution and bylaws, not inconsistent with this chapter, and the doing of such other acts as may be necessary for such purpose. -SOURCE- (Aug. 13, 1953, ch. 429, Sec. 2, 67 Stat. 569.) ------DocID 41560 Document 473 of 1444------ -CITE- 36 USC Sec. 463 -EXPCITE- TITLE 36 CHAPTER 21 -HEAD- Sec. 463. Objects and purposes of corporation -STATUTE- The objects and purposes of the corporation shall be - (1) to further, encourage, and promote methods and procedures leading to increased safety, protection, and health among employees and employers and among children, in industries, on farms, in schools and colleges, in homes, on streets and highways, in recreation, and in other public and private places; (2) to collect, correlate, publish, distribute, and disseminate educational and informative data, reports, and all other data relative to safety methods and procedures; (3) to arouse and maintain the interest of the people of the United States, its Territories and possessions in safety and in accident prevention, and to encourage the adoption and institution of safety methods by all persons, corporations, and other organizations; (4) to organize, establish, and conduct programs, lectures, conferences, and other activities for the education of all persons, corporations, and other organizations in safety methods and procedures; (5) to organize, and to aid in the organization of, local safety chapters throughout the United States, its Territories and possessions, and to provide organizational guidance and materials to promote the national safety; (6) to cooperate with, enlist, and develop the cooperation of and between all persons, corporations, and other organizations and agencies, both public and private, engaged or interested in, or in any manner connected with, any or all of the foregoing purposes; and (7) to do any and all lawful acts which may be necessary, useful, suitable, desirable, and proper for the furtherance, accomplishment, and attainment of any or all of the foregoing purposes. -SOURCE- (Aug. 13, 1953, ch. 429, Sec. 3, 67 Stat. 569.) ------DocID 41561 Document 474 of 1444------ -CITE- 36 USC Sec. 464 -EXPCITE- TITLE 36 CHAPTER 21 -HEAD- Sec. 464. Powers of corporation -STATUTE- The corporation shall have power - (1) to sue and be sued, complain, and defend in any court of competent jurisdiction; (2) to adopt, alter, and use a corporate seal; (3) to choose such officers, directors, trustees, managers, agents, and employees as the business of the corporation may require; (4) to adopt, amend, and alter a constitution and bylaws, not inconsistent with the laws of the United States or any State in which the corporation is to operate, for the management of its property and the regulation of its affairs; (5) to contract and be contracted with; (6) to charge and collect membership dues, subscription fees, and receive contributions or grants of money or property to be devoted to the carrying out of its purposes; (7) to take and hold by lease, gift, purchase, grant, devise, or bequest any property, real or personal, necessary for attaining the objects and carrying into effect the purposes of the corporation, subject to applicable provisions of law in any State (a) governing the amount or kind of real and personal property which may be held by, or (b) otherwise limiting or controlling the ownership of real or personal property by a corporation operating in such State; (8) to transfer, encumber, and convey real or personal property; (9) to borrow money for the purposes of the corporation, issue bonds therefor, and secure the same by mortgage, subject to all applicable provisions of Federal or State law; (10) to use the corporate funds to give prizes, awards, or other evidences of merit or recognition to persons, organizations, associations, or corporations, public or private, for outstanding contributions toward the achievement of the purposes of the corporation; (11) to publish magazines and other publications and materials, whether periodic or occasional, consistent with its corporate purposes; (12) to organize, establish, and conduct conferences on safety and accident prevention; (13) to adopt, alter, use, and display such emblems, seals, and badges as it may adopt; (14) to establish and maintain offices for the conduct of its business, and to charter local, State, and regional safety organizations, and to establish, regulate, and discontinue departmental subdivisions and local, State, and regional chapters in appropriate places throughout the United States, its Territories and possessions; and (15) to do any and all acts and things necessary and proper to carry out the objects and purposes of the corporation and, for such purpose, the corporation shall also have, in addition to the foregoing in this section and subsection, the rights, powers, duties, and liabilities of the existing corporation referred to in section 478 of this title as far as they are not modified or superseded by this chapter. -SOURCE- (Aug. 13, 1953, ch. 429, Sec. 4, 67 Stat. 570.) ------DocID 41562 Document 475 of 1444------ -CITE- 36 USC Sec. 465 -EXPCITE- TITLE 36 CHAPTER 21 -HEAD- Sec. 465. Principal office; territorial scope of activities; agent for service of process -STATUTE- (a) The principal office of the corporation shall be located in Chicago, Illinois, or in such other place as may later be determined by the board of directors, but the activities of the corporation shall not be confined to that place and may be conducted throughout the various States, Territories, and possessions of the United States. (b) The corporation shall maintain at all times in the District of Columbia a designated agent authorized to accept service or process for the corporation, and notice to or service upon such agent, or mailed to the business address of such agent, shall be deemed notice to or service upon the corporation. -SOURCE- (Aug. 13, 1953, ch. 429, Sec. 5, 67 Stat. 570.) ------DocID 41563 Document 476 of 1444------ -CITE- 36 USC Sec. 466 -EXPCITE- TITLE 36 CHAPTER 21 -HEAD- Sec. 466. Membership; voting rights -STATUTE- (a) Eligibility for membership in the corporation and the rights and privileges of members shall, except as provided in this chapter, be determined as the constitution and bylaws of the corporation may provide. (b) Each member of the corporation, other than honorary and sustaining members, shall have the right to one vote on each matter submitted to a vote at all meetings of the members of the corporation. The corporation may, by its constitution and bylaws, provide for additional voting rights in accordance with dues paid. -SOURCE- (Aug. 13, 1953, ch. 429, Sec. 6, 67 Stat. 571.) ------DocID 41564 Document 477 of 1444------ -CITE- 36 USC Sec. 467 -EXPCITE- TITLE 36 CHAPTER 21 -HEAD- Sec. 467. Board of directors -STATUTE- (a) Composition of initial board Upon enactment of this chapter the membership of the initial board of directors of the corporation shall consist of the present members of the board of directors of the National Safety Council, Inc., referred to in section 478 of this title, or such of them as may then be living and are qualified directors of that corporation, to wit - E. F. du Pont, Wilmington, Delaware; Franklin M. Kreml, Evanston, Illinois; A. F. Allen, Dallas, Texas; J. I. Banash, West Los Angeles, California; William B. Barton, Washington, District of Columbia; C. W. Bergquist, Indianapolis, Indiana; R. A. L. Bogan, Chicago, Illinois; Norman E. Borgerson, Lansing, Michigan; Harry H. Brainerd, Pittsburgh, Pennsylvania; Fred W. Braun, Wausau, Wisconsin; Theo Brown, Moline, Illinois; E. J. Buhner, Louisville, Kentucky; Alfred W. Cantwell, Washington, District of Columbia; Ray Carr, Portland, Oregon; Jesse Clark, Chicago, Illinois; Reginald M. Cleveland, New York, New York; William L. Connolly, Washington, District of Columbia; Doctor B. L. Corbett, Milwaukee, Wisconsin; Charles R. Cos, New York, New York; Ernest G. Cox, Washington, District of Columbia; R. S. Damon, Kansas City, Missouri; Ned H. Dearborn, Chicago, Illinois; J. Dewey Dorsett, New York, New York; E. F. du Pont, Wilmington, Delaware; Martin P. Durkin, Washington, District of Columbia; Wallace Falvey, Boston, Massachusetts; Kirk Fox, Des Moines, Iowa; C. H. Gallaway, Southbridge, Massachusetts; George F. Getz, Junior, Chicago, Illinois; Gordon C. Graham, Detroit, Michigan; Howard Gramlich, Chicago, Illinois; W. Earl Hall, Mason City, Iowa; R. A. Harschnek, Chicago, Illinois; O. R. Hartwig, Portland, Oregon; Doctor Herold C. Hunt, Chicago, Illinois; Harold P. Jackson, Newark, New Jersey; George A. Jacoby, Detroit, Michigan; Mrs. George W. Jaqua, Winchester, Indiana; Joseph M. Kaplan, Los Angeles, California; E. W. Kempton, Pittsburgh, Pennsylvania; Mrs. Fred W. Knight, Cartersville, Georgia; Franklin M. Kreml, Evanston, Illinois; Walter G. Legge, New York, New York; Boyd Lewis, New York, New York; Thomas H. MacDonald, College Station, Texas; Miss Marion E. Martin, Augusta, Maine; I. W. Millard, Danville, Illinois; Harry M. Moses, Washington, District of Columbia; D. E. Mumford, New York, New York; Hallie L. Myers, Indianapolis, Indiana; Guy L. Noble, Chicago, Illinois; Henry E. North, San Francisco, California; Clifton W. Phalen, Detroit, Michigan; Harry L. Powell, Milwaukee, Wisconsin; Harry Read, Washington, District of Columbia; A. V. Rohweder, Duluth, Minnesota; Robert T. Ross, Dearborn, Michigan; Doctor K. Frances Scott, Northampton, Massachusetts; Honorable Lee E. Skeel, Cleveland, Ohio; Robert R. Snodgrass, Atlanta, Georgia; Leslie J. Sorenson, Chicago, Illinois; Doctor H. J. Stack, New York, New York; J. C. Stennett, Chicago, Illinois; W. A. Stewart, Southbridge, Massachusetts; Miss Judith Waller, Chicago, Illinois; Mrs. George Welles, Junior, Duluth, Minnesota; Doctor George M. Wheatley, New York, New York; E. C. Woodward, Milwaukee, Wisconsin; and Doctor William P. Yant, Pittsburgh, Pennsylvania. (b) Composition of subsequent boards; tenure Thereafter, the board of directors of the corporation shall consist of such number (not less than fifteen), shall be selected in such manner (including the filling of vacancies), and shall serve for such term as may be prescribed in the constitution and bylaws of the corporation. (c) Duties The board of directors shall be the governing board of the corporation and shall, during the intervals between corporation meetings, be responsible for the general policies and program of the corporation. The board shall be responsible for all finance except as provided for in section 469 of this title. -SOURCE- (Aug. 13, 1953, ch. 429, Sec. 7, 67 Stat. 571.) ------DocID 41565 Document 478 of 1444------ -CITE- 36 USC Sec. 468 -EXPCITE- TITLE 36 CHAPTER 21 -HEAD- Sec. 468. Officers -STATUTE- (a) The officers of the corporation shall be a chairman of the board of directors, a president, three or more vice presidents (as may be prescribed in the constitution and bylaws of the corporation), a secretary, a treasurer, and an executive vice president. The duties of the officers shall be as prescribed in the constitution and bylaws of the corporation. (b) Officers, except the executive vice president, shall be elected annually at the annual meeting of the corporation. The executive vice president shall be elected by the board of directors in such manner as may be prescribed by the constitution and bylaws of the corporation. -SOURCE- (Aug. 13, 1953, ch. 429, Sec. 8, 67 Stat. 572.) ------DocID 41566 Document 479 of 1444------ -CITE- 36 USC Sec. 469 -EXPCITE- TITLE 36 CHAPTER 21 -HEAD- Sec. 469. Trustees; powers -STATUTE- There shall be trustees, whose number (not less than fifteen), method of selection, and term of office shall be as the constitution and bylaws of the corporation may prescribe. The trustees shall have full power and control over such contributed funds as may be raised by them. -SOURCE- (Aug. 13, 1953, ch. 429, Sec. 9, 67 Stat. 572.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 467 of this title. ------DocID 41567 Document 480 of 1444------ -CITE- 36 USC Sec. 470 -EXPCITE- TITLE 36 CHAPTER 21 -HEAD- Sec. 470. Distribution of income or assets to members; loans -STATUTE- (a) No part of the income or assets of the corporation shall inure to any member, officer, or director, or be distributable to any such person otherwise than upon dissolution or final liquidation of the corporation as provided in section 476 of this title. Nothing in this subsection, however, shall be construed to prevent the payment of compensation to officers of the corporation in amounts approved by the executive committee of the corporation. (b) The corporation shall not make loans to its officers, directors, or employees. Any director who votes for or assents to the making of a loan to an officer, director, or employee of the corporation, and any officer who participates in the making of such loan, shall be jointly and severally liable to the corporation for the amount of such loan until the repayment thereof. -SOURCE- (Aug. 13, 1953, ch. 429, Sec. 10, 67 Stat. 572.) ------DocID 41568 Document 481 of 1444------ -CITE- 36 USC Sec. 471 -EXPCITE- TITLE 36 CHAPTER 21 -HEAD- Sec. 471. Nonpolitical nature of corporation -STATUTE- The corporation, and its officers, directors, and duly appointed agents as such, shall not contribute to or otherwise support or assist any political party or candidate for office. -SOURCE- (Aug. 13, 1953, ch. 429, Sec. 11, 67 Stat. 573.) ------DocID 41569 Document 482 of 1444------ -CITE- 36 USC Sec. 472 -EXPCITE- TITLE 36 CHAPTER 21 -HEAD- Sec. 472. Liability for acts of officers and agents -STATUTE- The corporation shall be liable for the acts of its officers and agents when acting within the scope of their authority. -SOURCE- (Aug. 13, 1953, ch. 429, Sec. 12, 67 Stat. 573.) ------DocID 41570 Document 483 of 1444------ -CITE- 36 USC Sec. 473 -EXPCITE- TITLE 36 CHAPTER 21 -HEAD- Sec. 473. Prohibition against issuance of stock or payment of dividends -STATUTE- The corporation shall have no power to issue any shares of stock nor to declare nor pay any dividends. -SOURCE- (Aug. 13, 1953, ch. 429, Sec. 13, 67 Stat. 573.) ------DocID 41571 Document 484 of 1444------ -CITE- 36 USC Sec. 474 -EXPCITE- TITLE 36 CHAPTER 21 -HEAD- Sec. 474. Books and records; inspection -STATUTE- The corporation shall keep correct and complete books and records of account and shall keep minutes of the proceedings of its members, board of directors, and committees having any of the authority of the board of directors; and it shall also keep at its principal office a record of the names and addresses of its members entitled to vote. All books and records of the corporation may be inspected by any member entitled to vote, or his agent or attorney, for any proper purpose, at any reasonable time. -SOURCE- (Aug. 13, 1953, ch. 429, Sec. 14, 67 Stat. 573.) ------DocID 41572 Document 485 of 1444------ -CITE- 36 USC Sec. 475 -EXPCITE- TITLE 36 CHAPTER 21 -HEAD- Sec. 475. Repealed. Pub. L. 88-504, Sec. 4(19), Aug. 30, 1964, 78 Stat. 637 -MISC1- Section, act Aug. 13, 1953, ch. 429, Sec. 15, 67 Stat. 573, related to audit of financial transactions and report of such audit to Congress. See sections 1101 to 1103 of this title. ------DocID 41573 Document 486 of 1444------ -CITE- 36 USC Sec. 476 -EXPCITE- TITLE 36 CHAPTER 21 -HEAD- Sec. 476. Use of assets on dissolution or liquidation -STATUTE- Upon final dissolution or liquidation of the corporation, and after discharge or satisfaction of all outstanding obligations and liabilities, the remaining assets of the corporation may be distributed in accordance with the determination of the board of directors of the corporation and in compliance with the constitution and bylaws of the corporation and all Federal and State laws applicable thereto. -SOURCE- (Aug. 13, 1953, ch. 429, Sec. 16, 67 Stat. 573.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 470 of this title. ------DocID 41574 Document 487 of 1444------ -CITE- 36 USC Sec. 477 -EXPCITE- TITLE 36 CHAPTER 21 -HEAD- Sec. 477. Exclusive right to name, emblems, seals, and badges -STATUTE- The corporation, and its subordinate divisions and regional, State, and local chapters, shall have the sole and exclusive right to use the name, National Safety Council. The corporation shall have the exclusive and sole right to use, or to allow or refuse the use of, such emblems, seals, and badges as it may legally adopt, and such emblems, seals, and badges as have heretofore been used by the Illinois corporation referred to in section 478 of this title in carrying out its program, it being distinctly understood, however, that nothing in this chapter shall interfere or conflict with established or vested rights. -SOURCE- (Aug. 13, 1953, ch. 429, Sec. 17, 67 Stat. 574.) ------DocID 41575 Document 488 of 1444------ -CITE- 36 USC Sec. 478 -EXPCITE- TITLE 36 CHAPTER 21 -HEAD- Sec. 478. Acquisition of assets and liabilities of existing corporation -STATUTE- The corporation may acquire the assets of the National Safety Council, Incorporated, a corporation organized under the laws of the State of Illinois, upon discharging or satisfactorily providing for the payment and discharge of all of the liability of such corporation and upon complying with all laws of the State of Illinois applicable thereto. -SOURCE- (Aug. 13, 1953, ch. 429, Sec. 18, 67 Stat. 574.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 464, 467, 477 of this title. ------DocID 41576 Document 489 of 1444------ -CITE- 36 USC Sec. 479 -EXPCITE- TITLE 36 CHAPTER 21 -HEAD- Sec. 479. Reservation of right to amend or repeal chapter -STATUTE- The right to alter, amend, or repeal this chapter is expressly reserved. -SOURCE- (Aug. 13, 1953, ch. 429, Sec. 19, 67 Stat. 574.) ------DocID 41577 Document 490 of 1444------ -CITE- 36 USC CHAPTER 22 -EXPCITE- TITLE 36 CHAPTER 22 -HEAD- CHAPTER 22 - PERSHING HALL MEMORIAL FUND -MISC1- Sec. 491. Creation of fund; investments; payments to American Legion. 492. Repealed. ------DocID 41578 Document 491 of 1444------ -CITE- 36 USC Sec. 491 -EXPCITE- TITLE 36 CHAPTER 22 -HEAD- Sec. 491. Creation of fund; investments; payments to American Legion -STATUTE- Any balance remaining from the sum of $482,032.92 authorized to be appropriated, by the Secretary of the Treasury, by section 1 of the Act approved June 28, 1935, chapter 323, 49 Stat. 426, for effecting a settlement of any indebtedness connected with Pershing Hall, a memorial already erected in Paris, France, under the auspices of the American Legion, Inc., to the commander in chief, officers, men and auxiliary services of the American Expeditionary Forces, to the end that such memorial as so freed from debt may be perpetuated, shall, after settlement of such indebtedness, be retained by the Secretary of the Treasury as a special fund to be known as the 'Pershing Hall Memorial Fund.' The Secretary of the Treasury is authorized (a) to invest and reinvest any part or all of the corpus of this fund so remaining in interest-bearing United States Government bonds and retain custody thereof; and (b) upon request of the American Legion, Inc., the Secretary of the Treasury shall pay to the National Treasurer of the American Legion, Inc., from time to time any part of the earnings upon the fund for use in the maintenance and/or perpetuation of Pershing Hall. -SOURCE- (June 28, 1935, ch. 323, Sec. 2, 49 Stat. 426.) -REFTEXT- REFERENCES IN TEXT Section 1 of act June 28, 1935, ch. 323, 49 Stat. 426, referred to in text, provided: 'That $482,032.92 of the fund entitled 'Recreation fund - Army', created by the War Department Appropriation Act, approved March 4, 1933 (see 47 Stat. 1573), is hereby authorized to be appropriated by the Secretary of the Treasury for effecting a settlement of any indebtedness connected with Pershing Hall, a memorial already erected in Paris, France, under the auspices of the American Legion, Inc., to the commander in chief, officers, men and auxiliary services of the American Expeditionary Forces, to the end that such memorial as so freed from debt may be perpetuated: Provided, That the amount herein provided shall not be used for the purposes indicated herein, until the legal title to said property shall have been vested in the Government of the United States for the use and benefit of all American officers and enlisted men of the World War (World War I).' -COD- CODIFICATION In the original, section 2 of act June 28, 1935, read 'Any balance remaining after settlement of such indebtedness shall be retained', etc. The descriptive language substituted largely therefor, at the beginning of this section, was taken from section 1 of that act, referred to in that descriptive language and set out above. -MISC3- APPROPRIATIONS Act Aug. 12, 1935, ch. 508, title I, Sec. 1 (part), 49 Stat. 594, appropriated the sum of $482,032.92 for the purposes of this section and of section 1 of act June 28, 1935, set out above, subject to the conditions set out in the proviso in section 1 of act June 28, 1935. ------DocID 41579 Document 492 of 1444------ -CITE- 36 USC Sec. 492 -EXPCITE- TITLE 36 CHAPTER 22 -HEAD- Sec. 492. Repealed. Pub. L. 86-533, Sec. 1(2), June 29, 1960, 74 Stat. 245 -MISC1- Section, act June 28, 1935, ch. 323, Sec. 3, 49 Stat. 426, required an itemized report of expenditures to be made to Congress on first day of each regular session. ------DocID 41580 Document 493 of 1444------ -CITE- 36 USC CHAPTER 23 -EXPCITE- TITLE 36 CHAPTER 23 -HEAD- CHAPTER 23 - BOARD FOR FUNDAMENTAL EDUCATION -MISC1- Sec. 501. Corporation created. 502. Completion of organization. 503. Purposes of corporation. 504. Powers of corporation. 505. Principal office; territorial scope of activities; agent for service of process. 506. Membership; voting rights. 507. Board of directors. 508. Officers. 509. Distribution of income or assets to members; loans. 510. Nonpolitical nature of corporation. 511. Liability for acts of officers and agents. 512. Prohibition against issuance of stock, payment of dividends, or business activities. 513. Books and records; inspection. 514. Repealed. 515. Use of assets on dissolution or liquidation. 516. Exclusive right to name, seals, emblems, and badges. 517. Agents for service of process. 518. Reservation of right to amend or repeal chapter. ------DocID 41581 Document 494 of 1444------ -CITE- 36 USC Sec. 501 -EXPCITE- TITLE 36 CHAPTER 23 -HEAD- Sec. 501. Corporation created -STATUTE- The following persons: Ernest R. Alexander, of Dallas, Texas; John R. Alford, of Henderson, Texas; William H. Book, of Indianapolis, Indiana; E. M. Dealey, of Dallas, Texas; A. Dale Fiers, of Indianapolis, Indiana; Fred F. Florence, of Dallas, Texas; E. B. Germany, of Dallas, Texas; Sam Gladney, of Dallas, Texas; Theodore B. Griffith, of Indianapolis, Indiana; O. H. Grissom, of Longview, Texas; Harry T. Ice, of Indianapolis, Indiana; J. C. Judge, of Mineola, Texas; George Kuhn, of Indianapolis, Indiana; Charles J. Lynn, of Indianapolis, Indiana; Eugene S. Pulliam, of Indianapolis, Indiana; C. B. Roberts, of Dallas, Texas; William L. Schloss, of Indianapolis, Indiana; Ben H. Wooten, of Dallas, Texas; and Joseph Zeppa, of Tyler, Texas; and their associates and successors are created a body corporate by the name of Board for Fundamental Education (hereinafter referred to as the 'corporation') and by such name shall be known and have perpetual succession and the powers and limitations contained in this chapter. -SOURCE- (July 19, 1954, ch. 536, Sec. 1, 68 Stat. 489.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 502 of this title. ------DocID 41582 Document 495 of 1444------ -CITE- 36 USC Sec. 502 -EXPCITE- TITLE 36 CHAPTER 23 -HEAD- Sec. 502. Completion of organization -STATUTE- A majority of the persons named in section 501 of this title, or their successors, are hereby authorized to meet to complete the organization of the corporation by the adoption of a constitution and bylaws, the election of officers, and by doing all things necessary to carry into effect the provisions of this chapter. -SOURCE- (July 19, 1954, ch. 536, Sec. 2, 68 Stat. 490.) ------DocID 41583 Document 496 of 1444------ -CITE- 36 USC Sec. 503 -EXPCITE- TITLE 36 CHAPTER 23 -HEAD- Sec. 503. Purposes of corporation -STATUTE- The objects and purposes of the corporation shall be to foster the development of fundamental education through programs and projects such as - (1) giving citizens (children, youth, and adults) opportunity to acquire the understandings and skills necessary to relate the resources of the community to the needs and interests of the community. (2) demonstrating programs of fundamental education and measuring results. (3) training men and women as leaders in fundamental education by providing internships and other experiences. -SOURCE- (July 19, 1954, ch. 536, Sec. 3, 68 Stat. 490.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 504, 515 of this title. ------DocID 41584 Document 497 of 1444------ -CITE- 36 USC Sec. 504 -EXPCITE- TITLE 36 CHAPTER 23 -HEAD- Sec. 504. Powers of corporation -STATUTE- The corporation shall have power - (1) to sue and be sued, complain and defend in any court of competent jurisdiction; (2) to adopt, use, and alter a corporate seal; (3) to choose such officers, managers, agents, and employees as the business of the corporation may require; (4) to adopt and alter a constitution and bylaws, not inconsistent with the laws of the United States or any State in which such corporation is to operate, for the management of its property and the regulation of its affairs; (5) to contract and be contracted with; (6) to take and hold by lease, gift, purchase, grant, devise, or bequest any property, real or personal, necessary for attaining the objects of accomplishing the purposes of the corporation, subject to applicable provisions of law of any State (A) governing the amount or kind of real and personal property which may be held by, or (B) otherwise limiting or controlling the ownership of real and personal property by, a corporation operating in such State; (7) to transfer and convey real or personal property; (8) to borrow money for the purposes of the corporation, issue bonds therefor, and secure the same by mortgage, subject to all applicable provisions of Federal or State law; (9) to use the corporate funds to give prizes, awards, loans, scholarships and grants to deserving students for the purposes set forth in section 503 of this title; (10) to publish a magazine and other publications; and (11) to do any and all acts and things necessary and proper to carry out the objects and purposes of the corporation. -SOURCE- (July 19, 1954, ch. 536, Sec. 4, 68 Stat. 490.) ------DocID 41585 Document 498 of 1444------ -CITE- 36 USC Sec. 505 -EXPCITE- TITLE 36 CHAPTER 23 -HEAD- Sec. 505. Principal office; territorial scope of activities; agent for service of process -STATUTE- The activities of the corporation may be conducted throughout the various States, Territories, and possessions of the United States. The corporation shall maintain at all times in the District of Columbia a designated agent authorized to accept service of process for the corporation, such designation to be filed in the office of the clerk of the United States District Court for the District of Columbia. Notice to or service upon such agent, or mailed to the business address of such agent, shall be deemed sufficient notice or service upon the corporation. The principal office of the corporation shall be established at such place as the board of directors deems appropriate. -SOURCE- (July 19, 1954, ch. 536, Sec. 5, 68 Stat. 490.) ------DocID 41586 Document 499 of 1444------ -CITE- 36 USC Sec. 506 -EXPCITE- TITLE 36 CHAPTER 23 -HEAD- Sec. 506. Membership; voting rights -STATUTE- Eligibility for membership in the corporation and the rights and privileges of members shall, except as provided in this chapter, be determined according to the constitution and bylaws of the corporation. In the conduct of the official business of the corporation each member shall have one vote. -SOURCE- (July 19, 1954, ch. 536, Sec. 6, 68 Stat. 491.) ------DocID 41587 Document 500 of 1444------ -CITE- 36 USC Sec. 507 -EXPCITE- TITLE 36 CHAPTER 23 -HEAD- Sec. 507. Board of directors -STATUTE- The corporation shall be governed by a board of directors composed of not less than fifteen members of the corporation who shall be elected annually to serve on such board by the members of the corporation. -SOURCE- (July 19, 1954, ch. 536, Sec. 7, 68 Stat. 491.) ------DocID 41588 Document 501 of 1444------ -CITE- 36 USC Sec. 508 -EXPCITE- TITLE 36 CHAPTER 23 -HEAD- Sec. 508. Officers -STATUTE- The officers of the corporation shall consist of a chairman of the board, a president, one or more vice presidents, a secretary, a treasurer, and such assistant officers as the board of directors shall designate. The officers shall perform such duties and have such powers as the bylaws and the board of directors may from time to time prescribe. -SOURCE- (July 19, 1954, ch. 536, Sec. 8, 68 Stat. 491.) ------DocID 41589 Document 502 of 1444------ -CITE- 36 USC Sec. 509 -EXPCITE- TITLE 36 CHAPTER 23 -HEAD- Sec. 509. Distribution of income or assets to members; loans -STATUTE- (a) No part of the income or assets of the corporation shall inure to any member, officer, or director, or be distributable to any such person except upon dissolution and final liquidation of the corporation as provided in section 515 of this title. (b) The corporation shall not make loans to its officers, directors, or employees. Any director who votes for or assents to the making of a loan to any officer, director, or employee of the corporation, and any officer who participates in the making of such a loan shall be jointly and severally liable to the corporation for the amount of such loan until the repayment thereof. -SOURCE- (July 19, 1954, ch. 536, Sec. 9, 68 Stat. 491.) -CROSS- CROSS REFERENCES Exemption from income tax of certain organizations, see section 501 of Title 26, Internal Revenue Code. ------DocID 41590 Document 503 of 1444------ -CITE- 36 USC Sec. 510 -EXPCITE- TITLE 36 CHAPTER 23 -HEAD- Sec. 510. Nonpolitical nature of corporation -STATUTE- The corporation and its members, officers, and directors, as such, shall not contribute to or otherwise support or assist any political party or candidate for elective public office. -SOURCE- (July 19, 1954, ch. 536, Sec. 10, 68 Stat. 491.) ------DocID 41591 Document 504 of 1444------ -CITE- 36 USC Sec. 511 -EXPCITE- TITLE 36 CHAPTER 23 -HEAD- Sec. 511. Liability for acts of officers and agents -STATUTE- The corporation shall be liable for the acts of its officers and agents when acting within the scope of their authority. -SOURCE- (July 19, 1954, ch. 536, Sec. 11, 68 Stat. 491.) ------DocID 41592 Document 505 of 1444------ -CITE- 36 USC Sec. 512 -EXPCITE- TITLE 36 CHAPTER 23 -HEAD- Sec. 512. Prohibition against issuance of stock, payment of dividends, or business activities -STATUTE- The corporation shall have no power to issue any shares of stock or to declare or pay any dividends, or to engage in business for pecuniary profit. -SOURCE- (July 19, 1954, ch. 536, Sec. 12, 68 Stat. 491.) ------DocID 41593 Document 506 of 1444------ -CITE- 36 USC Sec. 513 -EXPCITE- TITLE 36 CHAPTER 23 -HEAD- Sec. 513. Books and records; inspection -STATUTE- The corporation shall keep correct and complete books and records of account and shall also keep minutes of the proceedings of its members, the board of directors, and committees having any authority under the board of directors; and it shall also keep a record of the names and addresses of its members entitled to vote. All books and records of the corporation may be inspected by any member or his agent or attorney, at any reasonable time. -SOURCE- (July 19, 1954, ch. 536, Sec. 13, 68 Stat. 491.) ------DocID 41594 Document 507 of 1444------ -CITE- 36 USC Sec. 514 -EXPCITE- TITLE 36 CHAPTER 23 -HEAD- Sec. 514. Repealed. Pub. L. 88-504, Sec. 4(20), Aug. 30, 1964, 78 Stat. 637 -MISC1- Section, act July 19, 1954, ch. 536, Sec. 14, 68 Stat. 491, related to audit of financial transactions and report of such audit to Congress. See sections 1101 to 1103 of this title. ------DocID 41595 Document 508 of 1444------ -CITE- 36 USC Sec. 515 -EXPCITE- TITLE 36 CHAPTER 23 -HEAD- Sec. 515. Use of assets on dissolution or liquidation -STATUTE- Upon final dissolution or liquidation of the corporation and after the discharge or satisfaction of all outstanding obligations and liabilities, the remaining assets of the corporation shall be used by the board of directors for the purposes stated in section 503 of this title or be transferred to some recognized educational foundation. -SOURCE- (July 19, 1954, ch. 536, Sec. 15, 68 Stat. 492.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 509 of this title. ------DocID 41596 Document 509 of 1444------ -CITE- 36 USC Sec. 516 -EXPCITE- TITLE 36 CHAPTER 23 -HEAD- Sec. 516. Exclusive right to name, seals, emblems, and badges -STATUTE- The corporation shall have the sole and exclusive right to use the name of Board for Fundamental Education as representing such corporation and such seals, emblems, and badges as the corporation may lawfully adopt. -SOURCE- (July 19, 1954, ch. 536, Sec. 16, 68 Stat. 492.) ------DocID 41597 Document 510 of 1444------ -CITE- 36 USC Sec. 517 -EXPCITE- TITLE 36 CHAPTER 23 -HEAD- Sec. 517. Agents for service of process -STATUTE- As a condition precedent to the exercise of any power or privilege granted to the corporation under this chapter, the corporation shall file in the office of the Secretary of State, or similar office, in each State and in each Territory or possession of the United States in which the corporation is doing business, the name and post office address of an authorized agent in such State, Territory, or possession upon whom legal process or demand against the corporation may be served. -SOURCE- (July 19, 1954, ch. 536, Sec. 17, 68 Stat. 492.) ------DocID 41598 Document 511 of 1444------ -CITE- 36 USC Sec. 518 -EXPCITE- TITLE 36 CHAPTER 23 -HEAD- Sec. 518. Reservation of right to amend or repeal chapter -STATUTE- The right to alter, amend, or repeal this chapter is expressly reserved. -SOURCE- (July 19, 1954, ch. 536, Sec. 18, 68 Stat. 492.) ------DocID 41599 Document 512 of 1444------ -CITE- 36 USC CHAPTER 24 -EXPCITE- TITLE 36 CHAPTER 24 -HEAD- CHAPTER 24 - SONS OF UNION VETERANS OF THE CIVIL WAR -MISC1- Sec. 531. Corporation created. 532. Completion of organization. 533. Objects and purposes of corporation. 534. Powers of corporation. 535. Membership. 536. Government; composition; form; meeting plan. 537. Council of administration. (a) Duration of authority; responsibilities. (b) Composition of initial council. (c) Composition of subsequent councils. 538. Officers. 539. Principal office; territorial scope of activities; agent for service of process. 540. Distribution of income or assets to members; loans. 541. Nonpolitical nature of corporation. 542. Liability for acts of officers and agents. 543. Prohibition against issuance of stock or payment of dividends. 544. Books and records; inspection. 545. Repealed. 546. Annual report. 547. Exclusive right to name, emblems, seals, and badges. 548. Acquisition of assets and liabilities of existing corporation. 549. Use of assets on dissolution or liquidation. 550. Reservation of right to amend or repeal chapter. ------DocID 41600 Document 513 of 1444------ -CITE- 36 USC Sec. 531 -EXPCITE- TITLE 36 CHAPTER 24 -HEAD- Sec. 531. Corporation created -STATUTE- The following named persons to wit: General of the Army Douglas MacArthur, New York; Major General Amos A. Fries, retired, and Major General Ulysses S. Grant, 3d, retired, Washington, District of Columbia; Charles Boynton, Long Beach, California; Frank Worner, Inglewood, California; Wilbur Coursey, Fresno, California; Roy A. Davis, Colorado Springs, Colorado; Angus Ogborn, Richmond, Indiana; Thomas M. Horn, Lafayette, Indiana; Alonzo R. Stanfield, Indianapolis, Indiana; Roy J. Bennett, Des Moines, Iowa; Homer L. Young, Waterloo, Iowa; Dr. L. L. Shoppe, Des Moines, Iowa; E. S. Spangler, Newton, Kansas; A. P. Phillips, Newton, Kansas; William Dix, Newton, Kansas; F. Harold Dubord, Waterville, Maine; Hon. Burleigh Martin, Augusta, Maine; General William E. Southard, Bangor, Maine; George W. Kimball, Chelsea, Massachusetts; Brigadier General Otis M. Whitney, Concord, Massachusetts; Charles H. E. Moran, Holyoke, Massachusetts; Governor Alvan Tufts Fuller, Boston, Massachusetts; Charles R. Cowdin, Detroit, Michigan; Birt Hammong, Jackson, Michigan; Charles F. Dexter, Detroit, Michigan; Donald F. Peacock, Detroit, Michigan; Dewey B. Mead, Minneapolis, Minnesota; Donald C. Bennyhof, Hennepin County, Minnesota; William A. Anderson, Minneapolis, Minnesota; Laurence J. Parker, Bennington, New Hampshire; Wallace L. Mason, Keene, New Hampshire; Cleon E. Heald, Keene, New Hampshire; Colonel Edward Black, retired, Bennington, New Hampshire; Albert C. Lambert, Trenton, New Jersey; Colonel Frederic G. Bauer, Ridgewood, New Jersey; Charles A. Otto, Elizabeth, New Jersey; C. Wesley Armstrong, Trenton, New Jersey; Doctor Karl Rothschild, New Brunswick, New Jersey; Rev. Hermon L. Brockway, Ithica, New York; William M. Coffin, Cincinnati, Ohio; Homer A. Ramey, Toledo, Ohio; Miles S. Kuhn, Dayton, Ohio; S. Anselm Skelton, Portsmouth, Ohio; Frederick K. Davis, Eugene, Oregon; Doctor W. E. Buchanan, Eugene, Oregon; Austin D. McReynolds, Eugene, Oregon; Glenn L. Adams, Salem, Oregon; John H. Runkle, Harrisburg, Pennsylvania; C. Leroy Stoudt, Reading, Pennsylvania; Walter C. Mabie, Philadelphia, Pennsylvania; Edgar L. Gale, Seattle, Washington; Edward T. Fairchild, Madison, Wisconsin; Roland J. Steinle, Milwaukee, Wisconsin; Lyall T. Beggs, Madison, Wisconsin; and Doctor William Martin Lamers, Wauwatosa, Wisconsin; and their successors, are created and declared to be a body corporate of the District of Columbia, where its legal domicile shall be, by the name of the Sons of Union Veterans of the Civil War (hereinafter referred to as the corporation), and by such name shall be known and have perpetual succession and the powers, limitations, and restrictions herein contained. -SOURCE- (Aug. 20, 1954, ch. 774, Sec. 1, 68 Stat. 748.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 532 of this title. ------DocID 41601 Document 514 of 1444------ -CITE- 36 USC Sec. 532 -EXPCITE- TITLE 36 CHAPTER 24 -HEAD- Sec. 532. Completion of organization -STATUTE- A majority of the persons named in section 531 of this title, acting in person or by written proxy, are authorized to complete the organization of the corporation by the selection of officers and employees, the adoption of a constitution and bylaws not inconsistent with this chapter, and the doing of such other acts as may be necessary for such purpose. -SOURCE- (Aug. 20, 1954, ch. 774, Sec. 2, 68 Stat. 749.) ------DocID 41602 Document 515 of 1444------ -CITE- 36 USC Sec. 533 -EXPCITE- TITLE 36 CHAPTER 24 -HEAD- Sec. 533. Objects and purposes of corporation -STATUTE- The purposes of the corporation shall be: To perpetuate the memory of the Grand Army of the Republic and of the men who saved the Union in 1861 to 1865; to assist in every practicable way in the preservation and making available for research of documents and records pertaining to the Grand Army of the Republic and its members; to cooperate in doing honor to all those who have patriotically served our country in any war; to teach patriotism and the duties of citizenship, the true history of our country, and the love and honor of our flag; to oppose every tendency or movement that would weaken loyalty to, or make for the destruction or impairment of, our constitutional Union; and to inculcate and broadly sustain the American principles of representative government, of equal rights, and of impartial justice for all. -SOURCE- (Aug. 20, 1954, ch. 774, Sec. 3, 68 Stat. 749.) ------DocID 41603 Document 516 of 1444------ -CITE- 36 USC Sec. 534 -EXPCITE- TITLE 36 CHAPTER 24 -HEAD- Sec. 534. Powers of corporation -STATUTE- The corporation shall have power - (1) to have succession by its corporate name; (2) to sue and be sued, complain and defend in any court of competent jurisdiction; (3) to adopt, use, and alter a corporate seal; (4) to choose such officers, managers, agents, and employees as the activities of the corporation may require; (5) to adopt, amend, and alter a constitution and bylaws; not inconsistent with the laws of the United States or any State in which the corporation is to operate, for the management of its property and the regulation of its affairs; (6) to contract and be contracted with; (7) to take by lease, gift, purchase, grant, devise, or bequest from any public body or agency or any private corporation, association, partnership, firm, or individual and to hold absolutely or in trust for any of the purposes of the corporation any property, real, personal, or mixed, necessary or convenient for attaining the objects and carrying into effect the purposes of the corporation, subject, however, to applicable provisions of law of any State (A) governing the amount or kind of property which may be held by, or (B) otherwise limiting or controlling the ownership of property by, a corporation operating in such State; (8) to transfer, convey, lease, sublease, encumber and otherwise alienate real, personal or mixed property; and (9) to borrow money for the purposes of the corporation, issue bonds therefor, and secure the same by mortgage, deed of trust, pledge or otherwise, subject in every case to all applicable provisions of Federal and State laws; and (10) to do any and all acts and things necessary and proper to carry out the objects and purposes of the corporation. -SOURCE- (Aug. 20, 1954, ch. 774, Sec. 4, 68 Stat. 749.) ------DocID 41604 Document 517 of 1444------ -CITE- 36 USC Sec. 535 -EXPCITE- TITLE 36 CHAPTER 24 -HEAD- Sec. 535. Membership -STATUTE- Eligibility for membership in the corporation and the rights, privileges, and designation of classes of members shall, except as provided in this chapter, be determined as the constitution and bylaws of the corporation may provide. Eligibility for membership in the corporation shall be limited to male blood relatives of persons who served between April 12, 1861, and April 9, 1865, as soldiers or sailors of the United States Army, Navy, Marine Corps or Revenue-Cutter Service, and of such State regiments as were called into active service and were subject to orders of United States general officers between the dates above mentioned and were honorably discharged therefrom at the close of such service or who died in such service. -SOURCE- (Aug. 20, 1954, ch. 774, Sec. 5, 68 Stat. 750.) -MISC1- REVENUE-CUTTER SERVICE Coast Guard established in lieu of Revenue-Cutter Service and Life-Saving Service by act Jan. 28, 1915, ch. 20, Sec. 1, 38 Stat. 800. That act was repealed by act Aug. 4, 1949, ch. 393, Sec. 20, 63 Stat. 561, section 1 of which reestablished the Coast Guard by enacting Title 14, Coast Guard. ------DocID 41605 Document 518 of 1444------ -CITE- 36 USC Sec. 536 -EXPCITE- TITLE 36 CHAPTER 24 -HEAD- Sec. 536. Government; composition; form; meeting plan -STATUTE- The supreme governing authority of the corporation shall be the national encampment thereof, composed of such officers and elected representatives from the several States and other local subdivisions of the corporate organization as shall be provided by the constitution and bylaws: Provided, That the form of the government of the corporation shall always be representative of the membership at large and shall not permit the concentration of the control thereof in the hands of a limited number of members or in a self-perpetuating group not so representative. The meetings of the national encampment may be held in any State or Territory or in the District of Columbia. -SOURCE- (Aug. 20, 1954, ch. 774, Sec. 6, 68 Stat. 750.) ------DocID 41606 Document 519 of 1444------ -CITE- 36 USC Sec. 537 -EXPCITE- TITLE 36 CHAPTER 24 -HEAD- Sec. 537. Council of administration -STATUTE- (a) Duration of authority; responsibilities During the intervals between the national encampments, the council of administration shall be the governing board of the corporation and shall be responsible for the general policies, program, and activities of the corporation. (b) Composition of initial council Upon the enactment of this chapter the membership of the initial council of administration of the corporation shall consist of the present members of the council of administration of the Sons of Union Veterans of the Civil War, the corporation described in section 548 of this title, or such of them as may then be living and are qualified members of said council of administration, to wit: Major General Ulysses S. Grant, 3d, retired; Dewey B. Mead; Reverend Hermon L. Brockway; Laurence J. Parker; George W. Kimball, Frederick K. Davis; and Albert C. Lambert. (c) Composition of subsequent councils Thereafter, the council of administration of the corporation shall consist of not less than seven members elected in the manner and for the term prescribed in the constitution and bylaws of the corporation. -SOURCE- (Aug. 20, 1954, ch. 774, Sec. 7, 68 Stat. 750.) ------DocID 41607 Document 520 of 1444------ -CITE- 36 USC Sec. 538 -EXPCITE- TITLE 36 CHAPTER 24 -HEAD- Sec. 538. Officers -STATUTE- The officers of the corporation shall be a commander in chief, a senior vice commander in chief, a junior vice commander in chief, a secretary and a treasurer (which latter two offices may be held by one person), and such other officers as may be prescribed in the constitution and bylaws. The officers of the corporation shall be selected in such manner and for such terms and with such duties and titles as may be prescribed in the constitution and bylaws of the corporation. -SOURCE- (Aug. 20, 1954, ch. 774, Sec. 8, 68 Stat. 751.) ------DocID 41608 Document 521 of 1444------ -CITE- 36 USC Sec. 539 -EXPCITE- TITLE 36 CHAPTER 24 -HEAD- Sec. 539. Principal office; territorial scope of activities; agent for service of process -STATUTE- (a) The principal office of the corporation shall be located in Trenton, New Jersey, or in such other place as may be determined by the council of administration; but the activities of the corporation shall not be confined to that place, but may be conducted throughout the various States and District of Columbia, and Territories and possessions of the United States. (b) The corporation shall have in the District of Columbia at all times a designated agent authorized to accept service of process for the corporation; and notice to or service upon such agent, or mailed to the business address of such agent, shall be deemed notice to or service upon the corporation. -SOURCE- (Aug. 20, 1954, ch. 774, Sec. 9, 68 Stat. 751.) ------DocID 41609 Document 522 of 1444------ -CITE- 36 USC Sec. 540 -EXPCITE- TITLE 36 CHAPTER 24 -HEAD- Sec. 540. Distribution of income or assets to members; loans -STATUTE- (a) No part of the income or assets of the corporation shall inure to any of its members or officers as such, or be distributable to any of them during the life of the corporation or upon its dissolution or final liquidation. Nothing in this subsection, however, shall be construed to prevent the payment of compensation to officers of the corporation or reimbursement for actual necessary expenses in amounts approved by the council of administration of the corporation. (b) The corporation shall not make loans to its officers or employees. Any member of the council of administration who votes for or assents to the making of a loan or advance to an officer or employee of the corporation, and any officer who participates in the making of such a loan or advance, shall be jointly and severally liable to the corporation for the amount of such loan until the repayment thereof. -SOURCE- (Aug. 20, 1954, ch. 774, Sec. 10, 68 Stat. 751.) ------DocID 41610 Document 523 of 1444------ -CITE- 36 USC Sec. 541 -EXPCITE- TITLE 36 CHAPTER 24 -HEAD- Sec. 541. Nonpolitical nature of corporation -STATUTE- The corporation and its officers and agents as such shall not contribute to or otherwise support or assist any political party or candidate for public office. -SOURCE- (Aug. 20, 1954, ch. 774, Sec. 11, 68 Stat. 751.) ------DocID 41611 Document 524 of 1444------ -CITE- 36 USC Sec. 542 -EXPCITE- TITLE 36 CHAPTER 24 -HEAD- Sec. 542. Liability for acts of officers and agents -STATUTE- The corporation shall be liable for the acts of its officers and agents when acting within the scope of their authority. -SOURCE- (Aug. 20, 1954, ch. 774, Sec. 12, 68 Stat. 751.) ------DocID 41612 Document 525 of 1444------ -CITE- 36 USC Sec. 543 -EXPCITE- TITLE 36 CHAPTER 24 -HEAD- Sec. 543. Prohibition against issuance of stock or payment of dividends -STATUTE- The corporation shall have no power to issue any shares of stock or to declare or pay any dividends. -SOURCE- (Aug. 20, 1954, ch. 774, Sec. 13, 68 Stat. 751.) ------DocID 41613 Document 526 of 1444------ -CITE- 36 USC Sec. 544 -EXPCITE- TITLE 36 CHAPTER 24 -HEAD- Sec. 544. Books and records; inspection -STATUTE- The corporation shall keep correct and complete books and records of account and shall keep minutes of the proceedings of its national encampments and council of administration. All books and records of the corporation may be inspected by any member, or his agent or attorney, for any proper purpose, at any reasonable time. -SOURCE- (Aug. 20, 1954, ch. 774, Sec. 14, 68 Stat. 751.) ------DocID 41614 Document 527 of 1444------ -CITE- 36 USC Sec. 545 -EXPCITE- TITLE 36 CHAPTER 24 -HEAD- Sec. 545. Repealed. Pub. L. 88-504, Sec. 4(21), Aug. 30, 1964, 78 Stat. 637 -MISC1- Section, act Aug. 20, 1954, ch. 774, Sec. 15, 68 Stat. 751, related to audit of financial transactions and report of such audit to Congress. See sections 1101 to 1103 of this title. ------DocID 41615 Document 528 of 1444------ -CITE- 36 USC Sec. 546 -EXPCITE- TITLE 36 CHAPTER 24 -HEAD- Sec. 546. Annual report -STATUTE- On or before March 1 of each year the corporation shall report to the Congress on its activities during the preceding fiscal year. Such report may consist of a report on the proceedings of the National Encampment covering such fiscal year. Such report shall not be printed as a public document. -SOURCE- (Aug. 20, 1954, ch. 774, Sec. 16, 68 Stat. 752.) ------DocID 41616 Document 529 of 1444------ -CITE- 36 USC Sec. 547 -EXPCITE- TITLE 36 CHAPTER 24 -HEAD- Sec. 547. Exclusive right to name, emblems, seals, and badges -STATUTE- The corporation and its subordinate divisions shall have the sole and exclusive right to use the name, the Sons of Union Veterans of the Civil War. The corporation shall have the exclusive and sole right to use, or to allow or refuse the use of, such emblems, seals, and badges as it may legally adopt, and such emblems, seals, and badges as have heretofore been used by the Illinois corporation described in section 548 of this title and the right to which may be lawfully transferred to the corporation. -SOURCE- (Aug. 20, 1954, ch. 774, Sec. 17, 68 Stat. 752.) ------DocID 41617 Document 530 of 1444------ -CITE- 36 USC Sec. 548 -EXPCITE- TITLE 36 CHAPTER 24 -HEAD- Sec. 548. Acquisition of assets and liabilities of existing corporation -STATUTE- The corporation may acquire the assets of the Sons of Union Veterans of the Civil War, a corporation organized under the laws of the State of Illinois, upon discharging or satisfactorily providing for the payment and discharge of all of the liability of such corporation and upon complying with all laws of the State of Illinois applicable thereto. -SOURCE- (Aug. 20, 1954, ch. 774, Sec. 18, 68 Stat. 752.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 537, 547 of this title. ------DocID 41618 Document 531 of 1444------ -CITE- 36 USC Sec. 549 -EXPCITE- TITLE 36 CHAPTER 24 -HEAD- Sec. 549. Use of assets on dissolution or liquidation -STATUTE- Upon dissolution or final liquidation of the corporation, after discharge or satisfaction of all outstanding obligations and liabilities, the remaining assets, if any, of the corporation shall be distributed in accordance with the determination of the council of administration and in compliance with the constitution and bylaws of the corporation and all Federal and State laws applicable thereto. -SOURCE- (Aug. 20, 1954, ch. 774, Sec. 19, 68 Stat. 752.) ------DocID 41619 Document 532 of 1444------ -CITE- 36 USC Sec. 550 -EXPCITE- TITLE 36 CHAPTER 24 -HEAD- Sec. 550. Reservation of right to amend or repeal chapter -STATUTE- The right to alter, amend, or repeal this chapter is expressly reserved. -SOURCE- (Aug. 20, 1954, ch. 774, Sec. 20, 68 Stat. 752.) ------DocID 41620 Document 533 of 1444------ -CITE- 36 USC CHAPTER 25 -EXPCITE- TITLE 36 CHAPTER 25 -HEAD- CHAPTER 25 - THE FOUNDATION OF THE FEDERAL BAR ASSOCIATION -MISC1- Sec. 571. Corporation created. 572. Completion of organization. 573. Objects and purposes of corporation. 574. Powers of corporation. 575. Principal office; territorial scope of activities; agent for service of process. 576. Membership; voting rights. 577. Board of directors. (a) Composition of initial board. (b) Composition of subsequent boards; tenure. (c) Powers; voting rights; meetings. 578. Officers. 579. Distribution of income or assets to members; loans. 580. Nonpolitical nature of corporation. 581. Liability for acts of officers and agents. 582. Prohibition against issuance of stock or payment of dividends. 583. Books and records; inspection. 584. Repealed. 585. Use of assets on dissolution or liquidation. 586. Qualifications for membership. 587. Exclusive right to name. 588. 'State' defined. 589. Reservation of right to amend or repeal chapter. ------DocID 41621 Document 534 of 1444------ -CITE- 36 USC Sec. 571 -EXPCITE- TITLE 36 CHAPTER 25 -HEAD- Sec. 571. Corporation created -STATUTE- The following-named persons, Justin Miller, California; William L. Ellis, Michigan; Bettin Stalling, Illinois; William S. Tyson, North Carolina; Kennedy C. Watkins, District of Columbia; Martin C. Epstein, New York; Laurence H. Axman, District of Columbia; Julian R. Eagle, Pennsylvania; William F. Farrell, Texas; Barratt O'Hara, Junior, Illinois; Joseph F. Brodie, California; Spurgeon E. Paul, Colorado; J. Edward Hauk, Maryland; Ida I. Kloze, Maryland; William R. Vallance, New York; Clyde Baggarly, Virginia; Charles W. Freeman, California; William A. Roberts, District of Columbia; Ralph G. Cornell, Maryland; Horace Russell, Illinois; Robert E. Freer, Ohio; Frank J. Delany, Illinois; William N. Morell, Minnesota; Heber H. Rice, Maryland; William E. Reese, Virginia; Robert N. Anderson, Virginia; Marguerite Rawalt, Texas; Robert H. Shields, Maryland; Harold Lee, New York; James E. Palmer, Junior, Virginia; John A. McIntire; Maryland; Major General E. M. Brannon, District of Columbia; Maxwell H. Elliott, New York; Edwin L. Fisher, Maryland; Edward E. Odom, California; Rear Admiral Ira H. Nunn, Arkansas; Herman Phleger, California; Arthur J. Klayman, Illinois; F. Joseph Donohue, District of Columbia; Frank J. Parker, New York; Ernest Votaw, Pennsylvania; T. Wade Harrison, Florida; Admiral O. S. Colclough, Pennsylvania; J. Lee Rankin, Nebraska; Stanley N. Barnes, California; Newell Blair, Virginia; Clarence A. Davis, Nebraska; Ralph E. Becker, New York; George J. Bott, Maryland; John C. Doerfer, Wisconsin; Richard S. Doyle, Maryland; Whitney Gilliland, Iowa; Abe McGregor Goff, Idaho; Earl W. Kintner, Indiana; J. Hervey Macomber, Vermont; William P. McCracken, District of Columbia; Andrew P. Murphy, Junior, Massachusetts; Lambert McAllister, Ohio; Joe E. Moody, Missouri; Lawrence C. Moore, District of Columbia; Perry Morton, Nebraska; Emory T. Nunneley, Pennsylvania; William Simon, District of Columbia; Conrad Snow, New Hampshire; William H. Timbers, Connecticut; F. Trowbridge vomBaur, District of Columbia; Frank H. Weitzel, District of Columbia; Curtis C. Williams, Ohio; Emory J. Woodall, Virginia; Wendell Barnes, Oklahoma; Roger S. Foster, District of Columbia; Calvert Magruder, Massachusetts; George C. Sweeney, Massachusetts; John C. Knox, New York; Edward J. Dimock, New York; David N. Edelstein, New York; Clarence G. Galston, New York; John Knight, New York; John J. Parker, North Carolina; Armistead M. Dobie, Virginia; Harry E. Watkins, West Virginia; Joseph C. Hutcheson, Virginia; Thomas F. McAllister, Michigan; F. Ryan Duffy, Wisconsin; John Caskie Collet, Missouri; John Sanborn, Minnesota; Robert C. Bell, Minnesota; William Denman, California; Albert Lee Stephens, California; Alfred P. Murrah, Oklahoma; George Thomas Washington, District of Columbia; Charles Fahy, District of Columbia; Bolitha J. Laws, District of Columbia; F. Dickinson Letts, District of Columbia; Luther W. Youngdahl, District of Columbia; William P. Cole, Junior, District of Columbia; Paul D. Shriver, Guam; Dennis F. Donovan, Minnesota; Alfred C. Clapp, New Jersey; L. Dale Coffman, California; John T. Fey, District of Columbia; Jefferson B. Fordham, Pennsylvania; Erwin N. Griswold, Massachusetts; Albert J. Harno, Illinois; L. A. Haslup, Florida; Harold C. Havighurst, Illinois; Paul M. Hebert, Louisiana; Elwood H. Hettrick, Massachusetts; Jacob D. Hyman, New York; Schuyler W. Jackson, Kansas; George M. Johnson, District of Columbia; Gordon Johnston, Colorado; Charles H. King, Michigan; Robert Kingsley, California; Arthur Larson, Pennsylvania; J. A. McClain, Junior, North Carolina; Glenn A. McCleary, Missouri; F. J. Moreau, Kansas; William T. Muse, Virginia; Russell D. Niles, New York; Maynard E. Pirsig, Minnesota; F. D. G. Ribble, Virginia; John Ritchie, Wisconsin; David E. Snodgrass, California; Carl Spaeth, California; Elvis J. Stahr, Junior, Kentucky; Robert S. Stevens, New York; Wesley Sturges, Connecticut; Harry D. Taft, Illinois; Reverend Joseph T. Tinnelly, New York; Martin Tollefson, Iowa; Leon H. Wallace, Indiana; Clayton E. Williams, Virginia; Roscoe L. Barrow, Ohio; Henry P. Brandis, Junior, Colorado; A. L. Gausewitz, New Mexico; Spencer L. Kimball, Utah; C. W. Leaphart, Montana; Daniel J. McKenna, Michigan; Joseph O'Meara, Indiana; R. A. Rasco, Florida; Seward Reese, Oregon; Earl Sneed, Junior, Oklahoma; Brendan F. Brown, District of Columbia; O. H. Thormodsgard, North Dakota; Ray Forrester, Louisiana; are created a body corporate, of the District of Columbia and there domiciled, by the name of 'The Foundation of the Federal Bar Association' (hereafter referred to as the 'corporation') and by such name shall be known and have perpetual succession and the powers and limitations contained in this chapter. -SOURCE- (Aug. 24, 1954, ch. 911, Sec. 1, 68 Stat. 795.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 572, 576 of this title. ------DocID 41622 Document 535 of 1444------ -CITE- 36 USC Sec. 572 -EXPCITE- TITLE 36 CHAPTER 25 -HEAD- Sec. 572. Completion of organization -STATUTE- A majority of the persons named in section 571 of this title are authorized to complete the organization of the corporation by the selection of officers and employees, the adoption of a constitution and bylaws, not inconsistent with this chapter, and the doing of such other acts as may be necessary for such purpose. -SOURCE- (Aug. 24, 1954, ch. 911, Sec. 2, 68 Stat. 796.) ------DocID 41623 Document 536 of 1444------ -CITE- 36 USC Sec. 573 -EXPCITE- TITLE 36 CHAPTER 25 -HEAD- Sec. 573. Objects and purposes of corporation -STATUTE- The objects and purposes of the corporation are as follows: (1) To receive and hold by bequest, devise, gift, grant, purchase, lease, or otherwise, either absolutely or jointly with any other person or persons or corporation, for any of the purposes hereinafter set forth, any property, real, personal, or mixed, or any undivided interest therein; to convey, sell, or otherwise dispose of such property, and to invest, reinvest, administer, and deal with the same in such manner as in the judgment of the directors of the corporation will best promote the purposes of the corporation, but without and free from restrictions applicable to trustees or trust funds, (2) To apply its income, and if the corporation so decides, all or any part of its principal, exclusively to the following educational, charitable scientific, or literary purposes, or any of them: (a) To advance the science of jurisprudence; (b) To uphold high standards for the Federal judiciary and for attorneys representing the Government of the United States; (c) To promote and improve the administration of justice, including the study of means for the improved handling of the legal business of the several Federal departments and establishments; (d) To facilitate the cultivation and diffusion of knowledge and understanding of the law and the promotion of the study of the law and the science of jurisprudence and research therein, through the maintenance of a law library, the establishment of seminars, lectures, and studies devoted to the law, and the publication of addresses, essays, treatises, reports and other literary works by students, practitioners, and teachers of the law; and (e) To provide for the acquisition, preservation and exhibition of rare books and documents, sculptures, paintings and other objects of art and historical interest relating to the law, the courts and the legal profession, (3) To do any and all things necessary or incident to the accomplishment of the foregoing purposes. -SOURCE- (Aug. 24, 1954, ch. 911, Sec. 3, 68 Stat. 797.) ------DocID 41624 Document 537 of 1444------ -CITE- 36 USC Sec. 574 -EXPCITE- TITLE 36 CHAPTER 25 -HEAD- Sec. 574. Powers of corporation -STATUTE- The corporation shall have the following powers: (a) To sue and be sued, complain and defend in any court of competent jurisdiction. (b) To adopt, alter, and use a corporate seal. (c) To choose such officers, managers, and agents as the business of the corporation may require. (d) To adopt, amend, apply, and administer bylaws, not inconsistent with the laws of the United States of America or any State in which the corporation is to operate, for the management of its property and the regulation of its affairs. (e) To contract and be contracted with. (f) To take and hold by lease, gift, purchase, grant, devise, bequest, or otherwise, any property, real or personal, or mixed, necessary for carrying into effect the purposes of the corporation, subject to applicable provisions of law of any State (1) governing the amount or kind of real and personal property which may be held by, or (2) otherwise limiting or controlling the ownership of real and personal property by, a corporation operating in such State. (g) To transfer, lease, or convey real or personal property. (h) To borrow money for the purposes of the corporation, and issue bonds or other evidences of indebtedness therefor, and secure the same by mortgage or pledge subject to applicable Federal or State laws. (i) To do any and all acts necessary and proper to carry out the purposes of the corporation. -SOURCE- (Aug. 24, 1954, ch. 911, Sec. 4, 68 Stat. 797.) ------DocID 41625 Document 538 of 1444------ -CITE- 36 USC Sec. 575 -EXPCITE- TITLE 36 CHAPTER 25 -HEAD- Sec. 575. Principal office; territorial scope of activities; agent for service of process -STATUTE- (a) The corporation shall have its principal office in the District of Columbia and may conduct its activities at any place or places in the United States, or elsewhere. (b) The corporation shall have in the District of Columbia at all times a designated agent authorized to accept service of process for the corporation; and notice served upon such agent, or mailed to such agent at such business address, shall be deemed service upon or notice to the corporation. -SOURCE- (Aug. 24, 1954, ch. 911, Sec. 5, 68 Stat. 798.) ------DocID 41626 Document 539 of 1444------ -CITE- 36 USC Sec. 576 -EXPCITE- TITLE 36 CHAPTER 25 -HEAD- Sec. 576. Membership; voting rights -STATUTE- (a) The membership of the corporation consists of the persons listed in section 571 of this title, the persons who hereafter become members of the National Council of the Federal Bar Association, a non-profit corporation of the District of Columbia (for the duration of their membership as such), and such others as the corporation may provide for by bylaw or otherwise. (b) Each member of the corporation may cast one vote on each matter submitted to a vote of the members. -SOURCE- (Aug. 24, 1954, ch. 911, Sec. 6, 68 Stat. 798.) ------DocID 41627 Document 540 of 1444------ -CITE- 36 USC Sec. 577 -EXPCITE- TITLE 36 CHAPTER 25 -HEAD- Sec. 577. Board of directors -STATUTE- (a) Composition of initial board The governing body of the corporation is its board of directors, which during 1954, will comprise the following: Bettin Stalling, of Illinois; Stanley N. Barnes, of California; Clarence A. Davis, of Nebraska; Earl W. Kintner, of Indiana; Lawrence H. Axman, District of Columbia; Wendell Barnes, of Oklahoma; William L. Ellis, of Michigan; and Arthur J. Klayman, of Illinois, who are currently members of the executive committee of the Federal Bar Association. (b) Composition of subsequent boards; tenure Thereafter the board of directors will consist of twelve persons elected, and subject to removal at any time, by majority vote of the members of the corporation. The term of office of the elected members of the board is for six years, except that, for the first elected board, four shall be elected for a term of two years, four for a term of four years, and four for a term of six years. Vacancies in the board of directors, caused by expiration of the members' terms or otherwise, shall be filled by a majority vote of the members of the corporation. (c) Powers; voting rights; meetings The board of directors may exercise, or provide for the exercise of, the powers herein granted to the corporation, and each member of the board shall have one vote upon all matters determined. The board shall meet at least annually. The board may delegate its powers to a prudential committee subject to the direction of, and reporting to, the board. The president of the corporation shall act as chairman of the board and of the committee. -SOURCE- (Aug. 24, 1954, ch. 911, Sec. 7, 68 Stat. 798.) ------DocID 41628 Document 541 of 1444------ -CITE- 36 USC Sec. 578 -EXPCITE- TITLE 36 CHAPTER 25 -HEAD- Sec. 578. Officers -STATUTE- (a) The officers of the corporation shall consist of a president, vice president, secretary, treasurer, historian, and such other officers as may be determined by bylaw. The officers shall have such powers, consistent with this charter, as may be provided by bylaw. (b) The officers shall be elected by the board of directors at its initial meeting and thereafter at its annual designated meeting and shall serve for a term of one year. -SOURCE- (Aug. 24, 1954, ch. 911, Sec. 8, 68 Stat. 799.) ------DocID 41629 Document 542 of 1444------ -CITE- 36 USC Sec. 579 -EXPCITE- TITLE 36 CHAPTER 25 -HEAD- Sec. 579. Distribution of income or assets to members; loans -STATUTE- (a) No part of the net earnings of the corporation shall inure to the benefit of any member, officer, director, or private individual, nor shall any member or private individual be liable for the obligations of the corporation. (b) The corporation shall not make any loans to its officers or members of the board of directors. Any officer or director who votes for, assents to, or participates in the making of a loan or advance to an officer or director shall be jointly and severally liable to the corporation for the amount of such loan until its repayment. -SOURCE- (Aug. 24, 1954, ch. 911, Sec. 9, 68 Stat. 799.) -CROSS- CROSS REFERENCES Exemption from income tax of certain organizations, see section 501 of Title 26, Internal Revenue Code. ------DocID 41630 Document 543 of 1444------ -CITE- 36 USC Sec. 580 -EXPCITE- TITLE 36 CHAPTER 25 -HEAD- Sec. 580. Nonpolitical nature of corporation -STATUTE- (a) None of the activities, funds, property, or income of the corporation shall be used in carrying on any political activity, directly or indirectly, or in attempting to influence legislation. (b) Neither the corporation nor its officers or directors shall, as such, contribute to or otherwise support or assist any political party or candidate for elective public office. -SOURCE- (Aug. 24, 1954, ch. 911, Sec. 10, 68 Stat. 799.) ------DocID 41631 Document 544 of 1444------ -CITE- 36 USC Sec. 581 -EXPCITE- TITLE 36 CHAPTER 25 -HEAD- Sec. 581. Liability for acts of officers and agents -STATUTE- The corporation shall be liable for the acts of its officers and agents within the scope of their authority. -SOURCE- (Aug. 24, 1954, ch. 911, Sec. 11, 68 Stat. 799.) ------DocID 41632 Document 545 of 1444------ -CITE- 36 USC Sec. 582 -EXPCITE- TITLE 36 CHAPTER 25 -HEAD- Sec. 582. Prohibition against issuance of stock or payment of dividends -STATUTE- The corporation shall not issue any shares of stock, nor declare or pay dividends. -SOURCE- (Aug. 24, 1954, ch. 911, Sec. 12, 68 Stat. 799.) ------DocID 41633 Document 546 of 1444------ -CITE- 36 USC Sec. 583 -EXPCITE- TITLE 36 CHAPTER 25 -HEAD- Sec. 583. Books and records; inspection -STATUTE- The corporation shall keep correct and complete books and records of account. It shall also keep minutes of the proceedings of its membership and of the board of directors or committees having any of the authority of the board of directors. It shall also keep at its principal office a record giving the names and addresses of its members, directors, and officers. All books and records of the corporation may be inspected by any member or his agent or attorney, for any proper purpose, at any reasonable time. -SOURCE- (Aug. 24, 1954, ch. 911, Sec. 13, 68 Stat. 799.) ------DocID 41634 Document 547 of 1444------ -CITE- 36 USC Sec. 584 -EXPCITE- TITLE 36 CHAPTER 25 -HEAD- Sec. 584. Repealed. Pub. L. 88-504, Sec. 4(22), Aug. 30, 1964, 78 Stat. 637 -MISC1- Section, act Aug. 24, 1954, ch. 911, Sec. 14, 68 Stat. 799, related to audit of financial transactions and report of such audit to Congress. See sections 1101 to 1103 of this title. ------DocID 41635 Document 548 of 1444------ -CITE- 36 USC Sec. 585 -EXPCITE- TITLE 36 CHAPTER 25 -HEAD- Sec. 585. Use of assets on dissolution or liquidation -STATUTE- Upon final dissolution or liquidation of the corporation, and after the discharge or satisfaction of all outstanding obligations and liabilities, the remaining assets of the corporation shall be deposited in the Treasury of the United States as a miscellaneous receipt. -SOURCE- (Aug. 24, 1954, ch. 911, Sec. 15, 68 Stat. 800.) ------DocID 41636 Document 549 of 1444------ -CITE- 36 USC Sec. 586 -EXPCITE- TITLE 36 CHAPTER 25 -HEAD- Sec. 586. Qualifications for membership -STATUTE- No person who is a member of, or who advocates the principles of, any organization believing in, or working for, the overthrow of the United States Government by force or violence, and no person who refuses to uphold and defend the Constitution of the United States, shall be privileged to become, or continue to be, a member, director, or officer of the corporation. -SOURCE- (Aug. 24, 1954, ch. 911, Sec. 16, 68 Stat. 800.) ------DocID 41637 Document 550 of 1444------ -CITE- 36 USC Sec. 587 -EXPCITE- TITLE 36 CHAPTER 25 -HEAD- Sec. 587. Exclusive right to name -STATUTE- The corporation shall have the sole and exclusive right to use the name, 'The Foundation of the Federal Bar Association'. -SOURCE- (Aug. 24, 1954, ch. 911, Sec. 17, 68 Stat. 800.) ------DocID 41638 Document 551 of 1444------ -CITE- 36 USC Sec. 588 -EXPCITE- TITLE 36 CHAPTER 25 -HEAD- Sec. 588. 'State' defined -STATUTE- As used in this chapter the word 'State' includes the District of Columbia. -SOURCE- (Aug. 24, 1954, ch. 911, Sec. 18, 68 Stat. 800.) ------DocID 41639 Document 552 of 1444------ -CITE- 36 USC Sec. 589 -EXPCITE- TITLE 36 CHAPTER 25 -HEAD- Sec. 589. Reservation of right to amend or repeal chapter -STATUTE- The right to repeal, alter, or amend this chapter at any time is expressly reserved to the Congress. -SOURCE- (Aug. 24, 1954, ch. 911, Sec. 19, 68 Stat. 800.) ------DocID 41640 Document 553 of 1444------ -CITE- 36 USC CHAPTER 26 -EXPCITE- TITLE 36 CHAPTER 26 -HEAD- CHAPTER 26 - NATIONAL FUND FOR MEDICAL EDUCATION -MISC1- Sec. 601. Corporation created. 602. Completion of organization. 603. Purposes of corporation. 604. Powers of corporation. 605. Principal office; territorial scope of activities; agent for service of process. 606. Membership; voting rights. 607. Board of directors. (a) Composition of initial board. (b) Composition of subsequent boards; tenure. (c) Duties. 608. Officers. 609. Distribution of income or assets to members; loans. 610. Nonpolitical nature of corporation. 611. Liability for acts of officers and agents. 612. Prohibition against issuance of stock or payment of dividends. 613. Books and records; inspection. 614. Repealed. 615. Use of assets on dissolution or liquidation. 616. Acquisition of assets and liabilities of existing corporation. 617. Reservation of right to amend or repeal chapter. ------DocID 41641 Document 554 of 1444------ -CITE- 36 USC Sec. 601 -EXPCITE- TITLE 36 CHAPTER 26 -HEAD- Sec. 601. Corporation created -STATUTE- The following persons: Donald C. Balfour, M.D., Rochester, Minnesota; Louis H. Bauer, M.D., Hempstead, New York; Margaret Culkin Banning, Duluth, Minnesota; E. N. Beesley, Indianapolis, Indiana; James F. Bell, Minneapolis, Minnesota; Elmer H. Bobst, New York, New York; Earl Bunting, Washington, District of Columbia; Carl Byoir, New York, New York; James L. Camp, Junior, Franklin, Virginia; Champ Carry, Chicago, Illinois; Robert S. Cheek, Nashville, Tennessee; Colby M. Chester, New York, New York; Frank A. Christensen, New York, New York; Paul F. Clark, Boston, Massachusetts; Lucius D. Clay, New York, New York; S. Sloan Colt, Westhampton Beach, New York; George H. Coppers, New York, New York; William E. Cotter, Scarsdale, New York; C. R. Cox, New York, New York; Howard S. Cullman, New York, New York; Walter J. Cummings, Chicago, Illinois; Willard K. Denton, New York, New York; Raoul E. Desvernine, Washington, District of Columbia; Michael Francis Doyle, Philadelphia, Pennsylvania; Victor Emanuel, New York, New York; Peter M. Fraser, Hartford, Connecticut; Bernard F. Gimbel, Greenwich, Connecticut; William B. Given, Junior, New York, New York; Robert M. Hanes, Winston-Salem, North Carolina; David M. Heyman, New York, New York; Oveta Culp Hobby, Houston, Texas; Herbert Hoover, New York, New York; B. Brewster Jennings, Glen Head, New York; Eric A. Johnston, Washington, District of Columbia; Devereux C. Josephs, New York, New York; Meyer Kestnbaum, Chicago, Illinois; Edgar Kobak, New York, New York; Allan B. Kline, Chicago, Illinois; Robert Lehman, New York, New York; Samuel D. Leidesdorf, New York, New York; Leroy A. Lincoln, New York, New York; Ralph Lowell, Boston, Massachusetts; Benjamin E. Mays, Atlanta, Georgia; Neil McElroy, Cincinnati, Ohio; George W. Merck, West Orange, New Jersey; Don G. Mitchell, New York, New York; George G. Montgomery, San Francisco, California; Seeley G. Mudd, M.D., Los Angeles, California; Charles S. Munson, New York, New York; Herschel D. Newsom, Washington, District of Columbia; Edward J. Noble, New York, New York; William S. Paley, New York, New York; Thomas I. Parkinson, New York, New York; F. D. Patterson, Tuskegee, Alabama; Joseph M. Proskauer, New York, New York; B. Earl Puckett, New York, New York; Victor F. Ridder, New York, New York; Owen J. Roberts, Philadelphia, Pennsylvania; Winthrop Rockefeller, Little Rock, Arkansas; Anna M. Rosenberg, New York, New York; T. J. Ross, New York, New York; Howard A. Rusk, M.D., New York, New York; Frank P. Samford, Birmingham, Alabama; Lester N. Selig, Chicago, Illinois; Eustace Seligman, New York, New York; Spyros P. Skouras, New York, New York; Alfred P. Sloan, Junior, New York, New York; George F. Smith, New Brunswick, New Jersey; Harold V. Smith, New York, New York; Harold E. Stassen, Washington, District of Columbia; John P. Stevens, Junior, New York, New York; William C. Stolk, New York, New York; Harvey B. Stone, M.D., Baltimore, Maryland; Reese H. Taylor, Los Angeles, California; Juan T. Trippe, Greenwich, Connecticut; Thomas J. Watson, New York, New York; Ernest T. Weir, Pittsburgh, Pennsylvania; George Whitney, New York, New York; Robert E. Wilson, Chicago, Illinois; R. W. Woodruff, Atlanta, Georgia; Wilson W. Wyatt, Louisville, Kentucky; J. D. Zellerbach, San Francisco, California; and John S. Zinsser, Philadelphia, Pennsylvania; and their successors, are created and declared to be a body corporate of the District of Columbia, where its legal domicile shall be, by the name of the National Fund for Medical Education (hereinafter referred to as the corporation) and by such name shall be known and have perpetual succession and the powers, limitations, and restrictions herein contained. -SOURCE- (Aug. 28, 1954, ch. 1036, Sec. 1, 68 Stat. 891.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 602 of this title. ------DocID 41642 Document 555 of 1444------ -CITE- 36 USC Sec. 602 -EXPCITE- TITLE 36 CHAPTER 26 -HEAD- Sec. 602. Completion of organization -STATUTE- A majority of the persons named in section 601 of this title are authorized to complete the organization of the corporation by the adoption, amendment, and revision of bylaws, not inconsistent with this chapter, and the doing of such other acts as may be necessary for such purpose. -SOURCE- (Aug. 28, 1954, ch. 1036, Sec. 2, 68 Stat. 892.) ------DocID 41643 Document 556 of 1444------ -CITE- 36 USC Sec. 603 -EXPCITE- TITLE 36 CHAPTER 26 -HEAD- Sec. 603. Purposes of corporation -STATUTE- The purposes of the corporation shall be to raise from private sources, disperse and administer funds for medical education and in connection therewith to take other appropriate action to promote and foster the following objectives: (1) The interpretation of the needs of medical education to the American public; (2) The encouragement of the growth, development and advancement of constantly improving standards and methods in the education and training of all medical manpower in the Nation; and (3) The preservation of academic freedom in the institutions of medical education. -SOURCE- (Aug. 28, 1954, ch. 1036, Sec. 3, 68 Stat. 892.) ------DocID 41644 Document 557 of 1444------ -CITE- 36 USC Sec. 604 -EXPCITE- TITLE 36 CHAPTER 26 -HEAD- Sec. 604. Powers of corporation -STATUTE- The corporation shall have power - (1) to have succession by its corporate name; (2) to sue and be sued, complain and defend in any court of competent jurisdiction; (3) to adopt, use, and alter a corporate seal; (4) to choose such officers, managers, agents, and employees as the business of the corporation may require; (5) to adopt, amend, and alter a constitution and bylaws, not inconsistent with the laws of the United States or any State in which the corporation is to operate, for the management of its property and the regulation of its affairs; (6) to contract and be contracted with; (7) to take by lease, gift, purchase, grant, devise, or bequest from any private corporation, association, partnership, firm or individual and to hold any property, real, personal or mixed, necessary or convenient for attaining the objects and carrying into effect the purposes of the corporation, subject, however, to applicable provisions of law of any State (A) governing the amount or kind of property which may be held by, or (B) otherwise limiting or controlling the ownership of property by, a corporation operating in such State; (8) to transfer, convey, lease, sublease, encumber and otherwise alienate real, personal or mixed property; and (9) to borrow money for the purposes of the corporation, issue bonds therefor, and secure the same by mortgage, deed of trust, pledge or otherwise, subject in every case to all applicable provisions of Federal and State laws. -SOURCE- (Aug. 28, 1954, ch. 1036, Sec. 4, 68 Stat. 892.) ------DocID 41645 Document 558 of 1444------ -CITE- 36 USC Sec. 605 -EXPCITE- TITLE 36 CHAPTER 26 -HEAD- Sec. 605. Principal office; territorial scope of activities; agent for service of process -STATUTE- (a) The principal office of the corporation shall be located in New York City, New York, or in such other place as may be later determined by the board of directors, but the activities of the corporation shall not be confined to that place, but may be conducted throughout the various States, Territories, and possessions of the United States. (b) The corporation shall have in the District of Columbia at all times a designated agent authorized to accept service of process for the corporation; and notice to or service upon such agent, or mailed to the business address of such agent, shall be deemed notice to or service upon the corporation. -SOURCE- (Aug. 28, 1954, ch. 1036, Sec. 5, 68 Stat. 893.) ------DocID 41646 Document 559 of 1444------ -CITE- 36 USC Sec. 606 -EXPCITE- TITLE 36 CHAPTER 26 -HEAD- Sec. 606. Membership; voting rights -STATUTE- (a) Eligibility for membership in the corporation and the rights, privileges, and designation of classes of members shall, except as provided in this chapter, be determined as the constitution and bylaws of the corporation may provide. (b) Each member of the corporation, other than honorary, sustaining or associate members, shall have the right to one vote on each matter submitted to a vote at all meetings of the members of the corporation. -SOURCE- (Aug. 28, 1954, ch. 1036, Sec. 6, 68 Stat. 893.) ------DocID 41647 Document 560 of 1444------ -CITE- 36 USC Sec. 607 -EXPCITE- TITLE 36 CHAPTER 26 -HEAD- Sec. 607. Board of directors -STATUTE- (a) Composition of initial board Upon the enactment of this chapter the membership of the initial board of directors of the corporation shall consist of the present members of the executive committee of the National Fund for Medical Education, Incorporated, the corporation described in section 616 of this title, or such of them as may then be living and are qualified members of said executive committee, to wit: Earl Bunting, Washington, District of Columbia; Colby M. Chester, New York, New York; S. Sloan Colt, Westhampton Beach, New York; William E. Cotter, Scarsdale, New York; Victor Emanuel, New York, New York; William B. Given, Junior, New York, New York; Herbert Hoover, New York, New York; Devereux C. Josephs, New York, New York; Samuel D. Leidesdorf, New York, New York; Leroy A. Lincoln, New York, New York; Eustace Seligman, New York, New York; Juan T. Trippe, Greenwich, Connecticut; and John S. Zinsser, Philadelphia, Pennsylvania; together with the following members of the medical profession, namely, Donald C. Balfour, M.D., Rochester, Minnesota; Louis H. Bauer, M.D., Hempstead, New York; Howard A. Rusk, M.D., New York, New York; and Harvey B. Stone, M.D., Baltimore, Maryland. (b) Composition of subsequent boards; tenure Thereafter, the board of directors of the corporation shall consist of such number (not less than fifteen and not more than twenty-five, four of whom shall at all times be members of the medical profession), shall be selected in such manner (including the filling of vacancies), and shall serve for such term as may be prescribed in the constitution and bylaws of the corporation. (c) Duties The board of directors shall be the governing board of the corporation and, during the intervals between the meetings of members, shall be responsible for the general policies and program of the corporation and for the control of all contributed funds as may be raised by the corporation. -SOURCE- (Aug. 28, 1954, ch. 1036, Sec. 7, 68 Stat. 893.) ------DocID 41648 Document 561 of 1444------ -CITE- 36 USC Sec. 608 -EXPCITE- TITLE 36 CHAPTER 26 -HEAD- Sec. 608. Officers -STATUTE- (a) The officers of the corporation shall be a chairman of the board of directors, a president, one or more vice presidents (as may be prescribed in the constitution and bylaws of the corporation), a secretary, and a treasurer, and one or more assistant secretaries and assistant treasurers as may be provided in the constitution and bylaws. (b) The officers of the corporation shall be elected in such manner and for such terms and with such duties as may be prescribed in the constitution and bylaws of the corporation. -SOURCE- (Aug. 28, 1954, ch. 1036, Sec. 8, 68 Stat. 894.) ------DocID 41649 Document 562 of 1444------ -CITE- 36 USC Sec. 609 -EXPCITE- TITLE 36 CHAPTER 26 -HEAD- Sec. 609. Distribution of income or assets to members; loans -STATUTE- (a) No part of the income or assets of the corporation shall inure to any of its members, directors, or officers as such, or be distributable to any of them during the life of the corporation or upon its dissolution or final liquidation. Nothing in this subsection, however, shall be construed to prevent the payment of compensation to officers of the corporation in amounts approved by the board of directors of the corporation. (b) The corporation shall not make loans to its officers, directors, or employees. Any director who votes for or assents to the making of a loan or advance to an officer, director or employee of the corporation, and any officer who participates in the making of such a loan or advance, shall be jointly and severally liable to the corporation for the amount of such loan until the repayment thereof. -SOURCE- (Aug. 28, 1954, ch. 1036, Sec. 9, 68 Stat. 894.) ------DocID 41650 Document 563 of 1444------ -CITE- 36 USC Sec. 610 -EXPCITE- TITLE 36 CHAPTER 26 -HEAD- Sec. 610. Nonpolitical nature of corporation -STATUTE- The corporation, and its officers and directors as such, shall not contribute to or otherwise support or assist any political party or candidate for public office. -SOURCE- (Aug. 28, 1954, ch. 1036, Sec. 10, 68 Stat. 894.) ------DocID 41651 Document 564 of 1444------ -CITE- 36 USC Sec. 611 -EXPCITE- TITLE 36 CHAPTER 26 -HEAD- Sec. 611. Liability for acts of officers and agents -STATUTE- The corporation shall be liable for the acts of its officers and agents when acting within the scope of their authority. -SOURCE- (Aug. 28, 1954, ch. 1036, Sec. 11, 68 Stat. 894.) ------DocID 41652 Document 565 of 1444------ -CITE- 36 USC Sec. 612 -EXPCITE- TITLE 36 CHAPTER 26 -HEAD- Sec. 612. Prohibition against issuance of stock or payment of dividends -STATUTE- The corporation shall have no power to issue any shares of stock or to declare or pay any dividends. -SOURCE- (Aug. 28, 1954, ch. 1036, Sec. 12, 68 Stat. 894.) -CROSS- CROSS REFERENCES Exemption from income tax of certain organizations, see section 501 of Title 26, Internal Revenue Code. ------DocID 41653 Document 566 of 1444------ -CITE- 36 USC Sec. 613 -EXPCITE- TITLE 36 CHAPTER 26 -HEAD- Sec. 613. Books and records; inspection -STATUTE- The corporation shall keep correct and complete books and records of account and shall keep minutes of the proceedings of its members, board of directors, and committees having any authority under the board of directors; and it shall also keep at its principal office a record of the names and addresses of its members entitled to vote. All books and records of the corporation may be inspected by any member entitled to vote, or his agent or attorney, for any proper purpose, at any reasonable time. -SOURCE- (Aug. 28, 1954, ch. 1036, Sec. 13, 68 Stat. 894.) ------DocID 41654 Document 567 of 1444------ -CITE- 36 USC Sec. 614 -EXPCITE- TITLE 36 CHAPTER 26 -HEAD- Sec. 614. Repealed. Pub. L. 88-504, Sec. 4(23), Aug. 30, 1964, 78 Stat. 637 -MISC1- Section, act Aug. 28, 1954, ch. 1036, Sec. 14, 68 Stat. 894, related to audit of financial transactions and report of such audit to Congress. See sections 1101 to 1103 of this title. ------DocID 41655 Document 568 of 1444------ -CITE- 36 USC Sec. 615 -EXPCITE- TITLE 36 CHAPTER 26 -HEAD- Sec. 615. Use of assets on dissolution or liquidation -STATUTE- Upon dissolution or final liquidation of the corporation, after discharge or satisfaction of all outstanding obligations and liabilities, the remaining assets, if any, of the corporation shall be distributed in accordance with the determination of the board of directors of the corporation and in compliance with the constitution and bylaws of the corporation and all Federal and State laws applicable thereto. -SOURCE- (Aug. 28, 1954, ch. 1036, Sec. 15, 68 Stat. 895.) ------DocID 41656 Document 569 of 1444------ -CITE- 36 USC Sec. 616 -EXPCITE- TITLE 36 CHAPTER 26 -HEAD- Sec. 616. Acquisition of assets and liabilities of existing corporation -STATUTE- The corporation may acquire the assets of the National Fund for Medical Education, Incorporated, a corporation organized under the laws of the State of New York, upon discharging or satisfactorily providing for the payment and discharge of all of the liability of such corporation and upon complying with all laws of the State of New York applicable thereto. -SOURCE- (Aug. 28, 1954, ch. 1036, Sec. 16, 68 Stat. 895.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 607 of this title. ------DocID 41657 Document 570 of 1444------ -CITE- 36 USC Sec. 617 -EXPCITE- TITLE 36 CHAPTER 26 -HEAD- Sec. 617. Reservation of right to amend or repeal chapter -STATUTE- The right to alter, amend, or repeal this chapter is expressly reserved. -SOURCE- (Aug. 28, 1954, ch. 1036, Sec. 17, 68 Stat. 895.) ------DocID 41658 Document 571 of 1444------ -CITE- 36 USC CHAPTER 27 -EXPCITE- TITLE 36 CHAPTER 27 -HEAD- CHAPTER 27 - LEGION OF VALOR OF THE UNITED STATES OF AMERICA, INC. -MISC1- Sec. 631. Corporation created. 632. Completion of organization. 633. Principles and objects of corporation. 634. Powers of corporation. 635. Principal office; territorial scope of activities; agent for service of process. 636. Membership. (a) Eligibility. (b) Extension of eligibility to parents and descendants. (c) Voting rights. (d) Exception. 637. Governing body. (a) Composition. (b) Tenure. (c) Duties. 638. Officers. 639. Distribution of income or assets to members; loans. 640. Nonpolitical nature of corporation. 641. Liability for acts of officers and agents. 642. Prohibition against issuance of stock or payment of dividends. 643. Books and records; inspection. 644. Repealed. 645. Use of assets on dissolution or liquidation. 646. Acquisition of assets and liabilities of existing corporation. 647. Reservation of right to amend or repeal chapter. 648. Change of name to Legion of Valor of the United States of America, Incorporated. -CHANGE- CHANGE OF NAME The name of the corporation was changed from the Army and Navy Legion of Valor of the United States of America, Incorporated, to the Legion of Valor of the United States of America, Incorporated, by Pub. L. 87-56, Sec. 1, June 21, 1961, 75 Stat. 95. See section 648 of this title. ------DocID 41659 Document 572 of 1444------ -CITE- 36 USC Sec. 631 -EXPCITE- TITLE 36 CHAPTER 27 -HEAD- Sec. 631. Corporation created -STATUTE- The following persons, to wit: James G. Walsh, Distinguished Service Cross, 50 Patten Street, Jamaica Plain, Massachusetts; Robert G. Woodside, Distinguished Service Cross, 3858 First Avenue, South, Saint Petersburg, Florida; Deming Bronson, Congressional Medal of Honor, route 2, box 322, Roseburg, Oregon; George E. Parker, Junior, Distinguished Service Cross, Lutherville, Maryland; Leo L. Zingale, Distinguished Service Cross, 3612 East One Hundred and Seventeenth Street, Cleveland, Ohio; John Davis, Congressional Medal of Honor, 800 North Shore Drive, Saint Petersburg, Florida; Glen O. McEwen, Distinguished Service Cross, box 737, Spokane 3, Washington; Ben. Prager, Distinguished Service Cross, 316 Court House, Pittsburgh, Pennsylvania; Earle D. Norton, Distinguished Service Cross, 29 Broadway, New York, New York; Ray Eastman, Navy Cross, 396 LaSalle Avenue, Buffalo 15, New York; Ben Neff, Distinguished Service Cross, 208 Evanston Building, Minneapolis, Minnesota; Warren L. Granger, Navy Cross, 703 Sixteenth Street, Alexandria, Virginia; William Oliver Smith, Distinguished Service Cross, 917 Holt Drive, Raleigh, North Carolina; Robert M. Gaynor, Distinguished Service Cross, 621 South Taylor Street, Arlington, Virginia; Leon M. Hanna, Distinguished Service Cross, box 217, McHenry, Illinois; Bruno O. Forsterer, Congressional Medal of Honor, Walker Street, Oakland, California; Elmer R. Hangartner, Distinguished Service Cross, 2103 Lynn Avenue, Altoona, Wisconsin; Thomas Eadie, Congressional Medal of Honor, 120 Gibbs Avenue, Newport, Rhode Island; John D. Hawk, Congressional Medal of Honor, 3243 Solie, Bremerton, Washington; Leon A. Dombrowski, Distinguished Service Cross, 137 Highland Drive, Williamsville, New York; William C. Hardie, Distinguished Service Cross, post-office box 1396, Billings, Montana; E. Lee Henderson, Navy Cross, 10948 Fruitland Drive, North Hollywood, California; Othel J. Gee, Distinguished Service Cross, 416 Medical Arts Building, Oklahoma City, Oklahoma; Leslie Hardy, Distinguished Service Cross, 1021 East Sierra Vista, Phoenix, Arizona; A. Allen Johnson, Distinguished Service Cross, 953 Dixwell Avenue, New Haven, Connecticut; Dennis C. Turner, Distinguished Service Cross, 1008 Missouri Avenue, Houston, Texas; Columbus Whipple, Distinguished Service Cross, 2704 Brinker Avenue, Ogden, Utah; John D. Licklider, Distinguished Service Cross, 229 Woodrow Avenue, Martinsburg, West Virginia; Murry Wolffe, Navy Cross, 240 Gregory Avenue, Passaic, New Jersey; Willard H. Marshall, Distinguished Service Cross, 31 West Whitney Street, Sheridan, Wyoming; Peter Paul Martinek, Navy Cross, 1731 South Brand Boulevard, Glendale, California; Lucian Adams, Congressional Medal of Honor, 213 Santa Clara Street, San Antonio, Texas; and Edgar H. Bain, post-office box 2, Goldsboro, North Carolina, and their successors, are created and declared to be a body corporate of the District of Columbia, where its legal domicile shall be, by the name of the Legion of Valor of the United States of America, Incorporated (hereinafter referred to as the 'corporation'), and by such name shall be known and have perpetual succession and the powers, limitations, and restrictions herein contained. -SOURCE- (Aug. 4, 1955, ch. 546, Sec. 1, 69 Stat. 486; June 21, 1961, Pub. L. 87-56, Sec. 1, 75 Stat. 95.) -CHANGE- CHANGE OF NAME 'Legion of Valor of the United States of America, Incorporated' substituted in text for 'Army and Navy Legion of Valor of the United States of America, Incorporated' on authority of section 1 of Pub. L. 87-56. See section 648 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 632 of this title. ------DocID 41660 Document 573 of 1444------ -CITE- 36 USC Sec. 632 -EXPCITE- TITLE 36 CHAPTER 27 -HEAD- Sec. 632. Completion of organization -STATUTE- The persons named in section 631 of this title are authorized to complete the organization of the corporation by the selection of officers and employees, the adoption of a constitution and bylaws, not inconsistent with the provisions of this chapter, and the doing of such other acts as may be necessary for such purpose. Five of such persons shall constitute a quorum for the purposes enumerated in this section. -SOURCE- (Aug. 4, 1955, ch. 546, Sec. 2, 69 Stat. 487.) ------DocID 41661 Document 574 of 1444------ -CITE- 36 USC Sec. 633 -EXPCITE- TITLE 36 CHAPTER 27 -HEAD- Sec. 633. Principles and objects of corporation -STATUTE- (a) The principles underlying the corporation are patriotic allegiance to the United States of America, fidelity to its Constitution and law, the security of civil liberty, and the permanence of free institutions. (b) The objects of the corporation are to cherish the memories of the valiant deeds in arms for which the Congressional Medal of Honor, the Distinguished Service Cross, Air Force Cross, and the Navy Cross are the insignia; to promote true fellowship among its members; to advance the best interests of members of the Armed Forces of the United States of America; to extend all possible relief to needy members of the corporation, their widows, and children; and to stimulate patriotism in the minds of our youth by encouraging the study of the patriotic, military, and naval history of our Nation. -SOURCE- (Aug. 4, 1955, ch. 546, Sec. 3, 69 Stat. 487; June 21, 1961, Pub. L. 87-56, Sec. 2, 75 Stat. 95.) -MISC1- AMENDMENTS 1961 - Subsec. (b). Pub. L. 87-56 inserted 'Air Force Cross' after 'Distinguished Service Cross,'. ------DocID 41662 Document 575 of 1444------ -CITE- 36 USC Sec. 634 -EXPCITE- TITLE 36 CHAPTER 27 -HEAD- Sec. 634. Powers of corporation -STATUTE- The corporation shall have power - (1) to have succession by its corporate name; (2) to sue and be sued, complain and defend in any court of competent jurisdiction; (3) to adopt, use, and alter a corporate seal; (4) to charge and collect membership dues; (5) to adopt, amend, and alter a constitution and bylaws, not inconsistent with the laws of the United States or any State in which the corporation is to operate, for the management of its property and the regulation of its affairs; (6) to contract and be contracted with; (7) to take by lease, gift, purchase, grant, devise, or bequest from any private corporation, association, partnership, firm, or individual and to hold any property, real, personal, or mixed, necessary or convenient for attaining the objects and carrying into effect the purposes of the corporation, subject, however, to applicable provisions of law of any State (A) governing the amount or kind of property which may be held by, or (B) otherwise limiting or controlling the ownership of property by, a corporation operating in such State; (8) to transfer, convey, lease, sublease, encumber, and otherwise alienate real, personal or mixed property; and (9) to borrow money for the purposes of the corporation, issue bonds therefor, and secure the same by mortgage, deed of trust, pledge, or otherwise, subject in every case to all applicable provisions of Federal and State laws. -SOURCE- (Aug. 4, 1955, ch. 546, Sec. 4, 69 Stat. 487.) ------DocID 41663 Document 576 of 1444------ -CITE- 36 USC Sec. 635 -EXPCITE- TITLE 36 CHAPTER 27 -HEAD- Sec. 635. Principal office; territorial scope of activities; agent for service of process -STATUTE- (a) The principal office of the corporation shall be located in Pittsburgh, Pennsylvania, or in such other place as may later be determined by the board of directors, but the activities of the corporation shall not be confined to that place and may be conducted throughout the various States, Territories, and possessions of the United States. (b) The corporation shall have in the District of Columbia at all times a designated agent authorized to accept service of process for the corporation; and notice to or service upon such agent, or mailed to the business address of such agent, shall be deemed notice to or service upon the corporation. -SOURCE- (Aug. 4, 1955, ch. 546, Sec. 5, 69 Stat. 487.) ------DocID 41664 Document 577 of 1444------ -CITE- 36 USC Sec. 636 -EXPCITE- TITLE 36 CHAPTER 27 -HEAD- Sec. 636. Membership -STATUTE- (a) Eligibility All persons of good moral character who are, have been, or may become members of the Armed Forces of the United States or any foreign country of whatever rank, who have received or who may hereafter receive a Congressional Medal of Honor, a Distinguished Service Cross, Air Force Cross or a Navy Cross awarded for acts of extraordinary heroism in connection with military or naval operations against an armed enemy, or for heroism of a specially distinguished character, shall be eligible for active membership in the corporation. (b) Extension of eligibility to parents and descendants The corporation shall have the power, moreover, to extend eligibility for membership, either active or associate, to parents and lineal descendants of the persons described in subsection (a) of this section under such conditions and upon such terms as the corporation may specify in its constitution and bylaws. (c) Voting rights Each member of the corporation, other than associate members, shall have the right to one vote on each matter submitted to a vote at all meetings of the members of the corporation. (d) Exception Notwithstanding the limitations set out in subsections (a) and (b) of this section, any member in good standing of the corporate body referred to in section 646 of this title shall be admitted on request to comparable membership in the corporation created by this chapter. -SOURCE- (Aug. 4, 1955, ch. 546, Sec. 6, 69 Stat. 488; June 21, 1961, Pub. L. 87-56, Sec. 2, 75 Stat. 95.) -MISC1- AMENDMENTS 1961 - Subsec. (a). Pub. L. 87-56 included persons who have received or who may receive the Air Force Cross. ------DocID 41665 Document 578 of 1444------ -CITE- 36 USC Sec. 637 -EXPCITE- TITLE 36 CHAPTER 27 -HEAD- Sec. 637. Governing body -STATUTE- (a) Composition Upon the enactment of this chapter the membership of the initial board of directors of the corporation shall consist of the present officers of the Army and Navy Legion of Valor, referred to in section 646 of this title, or such of them as may then be living and are qualified officers of that corporation, to wit: William Oliver Smith, of Raleigh, North Carolina; Peter Paul Martinek, of Glendale, California; Lucian Adams, of San Antonio, Texas; Edgar H. Bain, of Goldsboro, North Carolina; and Ben Prager, of Pittsburgh, Pennsylvania, who are respectively, the commander, the senior vice commander, the junior vice commander, the chaplain, and the adjutant and quartermaster. (b) Tenure Thereafter, the board of directors of the corporation shall consist of such number (not less than ten), shall be selected in such manner (including the filling of vacancies), and shall serve for such terms as may be prescribed in the constitution and bylaws of the corporation. (c) Duties The board of directors shall be the governing board of the corporation and shall, during the intervals between corporation meetings, be responsible for the general policies and program of the corporation. The board shall be responsible for all finances of the corporation. -SOURCE- (Aug. 4, 1955, ch. 546, Sec. 7, 69 Stat. 488.) ------DocID 41666 Document 579 of 1444------ -CITE- 36 USC Sec. 638 -EXPCITE- TITLE 36 CHAPTER 27 -HEAD- Sec. 638. Officers -STATUTE- (a) The officers of the corporation shall be a commander, a senior vice commander, a junior vice commander, a chaplain, an adjutant and quartermaster, a judge advocate, an inspector, a surgeon, a historian, and such aides-de-camp as may be provided in the constitution and bylaws. (b) The officers of the corporation shall be elected in such manner and for such terms and with such duties as may be prescribed in the constitution and bylaws of the corporation. -SOURCE- (Aug. 4, 1955, ch. 546, Sec. 8, 69 Stat. 489.) ------DocID 41667 Document 580 of 1444------ -CITE- 36 USC Sec. 639 -EXPCITE- TITLE 36 CHAPTER 27 -HEAD- Sec. 639. Distribution of income or assets to members; loans -STATUTE- (a) No part of the income or assets of the corporation shall inure to any member, officer, or director, or be distributable to any such person otherwise than upon dissolution or final liquidation of the corporation as provided in section 645 of this title. Nothing in this subsection, however, shall be construed to prevent the payment of compensation to officers of the corporation in amounts approved by the executive committee of the corporation. (b) The corporation shall not make loans to its officers, directors, or employees. Any director who votes for or assents to the making of a loan to an officer, director, or employee of the corporation, and any officer who participates in the making of such loan, shall be jointly and severally liable to the corporation for the amount of such loan until the repayment thereof. -SOURCE- (Aug. 4, 1955, ch. 546, Sec. 9, 69 Stat. 489.) ------DocID 41668 Document 581 of 1444------ -CITE- 36 USC Sec. 640 -EXPCITE- TITLE 36 CHAPTER 27 -HEAD- Sec. 640. Nonpolitical nature of corporation -STATUTE- The corporation, and its officers and directors as such, shall not contribute to or otherwise support or assist any political party or candidate for public office. -SOURCE- (Aug. 4, 1955, ch. 546, Sec. 10, 69 Stat. 489.) ------DocID 41669 Document 582 of 1444------ -CITE- 36 USC Sec. 641 -EXPCITE- TITLE 36 CHAPTER 27 -HEAD- Sec. 641. Liability for acts of officers and agents -STATUTE- The corporation shall be liable for the acts of its officers and agents when acting within the scope of their authority. -SOURCE- (Aug. 4, 1955, ch. 546, Sec. 11, 69 Stat. 489.) ------DocID 41670 Document 583 of 1444------ -CITE- 36 USC Sec. 642 -EXPCITE- TITLE 36 CHAPTER 27 -HEAD- Sec. 642. Prohibition against issuance of stock or payment of dividends -STATUTE- The corporation shall have no power to issue any shares of stock or to declare or pay any dividends. -SOURCE- (Aug. 4, 1955, ch. 546, Sec. 12, 69 Stat. 489.) ------DocID 41671 Document 584 of 1444------ -CITE- 36 USC Sec. 643 -EXPCITE- TITLE 36 CHAPTER 27 -HEAD- Sec. 643. Books and records; inspection -STATUTE- The corporation shall keep correct and complete books and records of account and shall keep minutes of the proceedings of its members, board of directors, and committees having any authority under the board of directors; and it shall also keep at its principal office a record of the names and addresses of its members entitled to vote. All books and records of the corporation may be inspected by any member entitled to vote, or his agent or attorney, for any proper purpose, at any reasonable time. -SOURCE- (Aug. 4, 1955, ch. 546, Sec. 13, 69 Stat. 489.) ------DocID 41672 Document 585 of 1444------ -CITE- 36 USC Sec. 644 -EXPCITE- TITLE 36 CHAPTER 27 -HEAD- Sec. 644. Repealed. Pub. L. 88-504, Sec. 4(24), Aug. 30, 1964, 78 Stat. 637 -MISC1- Section, act Aug. 4, 1955, ch. 546, Sec. 14, 69 Stat. 489, related to audit of financial transactions and report of such audit to Congress. See sections 1101 to 1103 of this title. ------DocID 41673 Document 586 of 1444------ -CITE- 36 USC Sec. 645 -EXPCITE- TITLE 36 CHAPTER 27 -HEAD- Sec. 645. Use of assets on dissolution or liquidation -STATUTE- Upon final dissolution or liquidation of the corporation, and after discharge or satisfaction of all outstanding obligations and liabilities, the remaining assets of the corporation may be distributed in accordance with the determination of the board of directors of the corporation and in compliance with the constitution and bylaws of the corporation and all Federal and State laws applicable thereto. -SOURCE- (Aug. 4, 1955, ch. 546, Sec. 15, 69 Stat. 490.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 639 of this title. ------DocID 41674 Document 587 of 1444------ -CITE- 36 USC Sec. 646 -EXPCITE- TITLE 36 CHAPTER 27 -HEAD- Sec. 646. Acquisition of assets and liabilities of existing corporation -STATUTE- The corporation may acquire the assets of the Army and Navy Legion of Valor of the United States of America, Incorporated, a body corporate organized under the laws of the State of New York, upon discharging or satisfactorily providing for the payment and discharge of all of the liabilities of such State corporation and upon complying with all the laws of the State of New York applicable thereto. -SOURCE- (Aug. 4, 1955, ch. 546, Sec. 16, 69 Stat. 490.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 636, 637 of this title. ------DocID 41675 Document 588 of 1444------ -CITE- 36 USC Sec. 647 -EXPCITE- TITLE 36 CHAPTER 27 -HEAD- Sec. 647. Reservation of right to amend or repeal chapter -STATUTE- The right to alter, amend, or repeal this chapter is expressly reserved. -SOURCE- (Aug. 4, 1955, ch. 546, Sec. 17, 69 Stat. 490.) ------DocID 41676 Document 589 of 1444------ -CITE- 36 USC Sec. 648 -EXPCITE- TITLE 36 CHAPTER 27 -HEAD- Sec. 648. Change of name to Legion of Valor of the United States of America, Incorporated -STATUTE- The corporation known as the Army and Navy Legion of Valor of the United States of America, Incorporated, which was incorporated by the Act entitled 'An Act to incorporate the Army and Navy Legion of Valor of the United States of America', approved August 4, 1955 (69 Stat. 486), shall be known and designated on and after June 21, 1961 as the Legion of Valor of the United States of America, Incorporated, and any reference to such corporation under the name of the Army and Navy Legion of Valor of the United States of America, Incorporated, shall be held to refer to such corporation under and by the name of the Legion of Valor of the United States of America, Incorporated. -SOURCE- (Pub. L. 87-56, Sec. 1, June 21, 1961, 75 Stat. 95.) -REFTEXT- REFERENCES IN TEXT The Act entitled 'An Act to incorporate the Army and Navy Legion of Valor of the United States of America', approved August 4, 1955, referred to in text, is act Aug. 4, 1955, ch. 546, 69 Stat. 486, as amended, which is classified generally to this chapter (Sec. 631 et seq.). For complete classification of this Act to the Code, see Tables. -COD- CODIFICATION Section was not enacted as a part of act Aug. 4, 1955, ch. 546, 69 Stat. 486, which comprises this chapter. ------DocID 41677 Document 590 of 1444------ -CITE- 36 USC CHAPTER 28 -EXPCITE- TITLE 36 CHAPTER 28 -HEAD- CHAPTER 28 - NATIONAL MUSIC COUNCIL -MISC1- Sec. 661. Corporation created. 662. Completion of organization. 663. Objects and purposes of Corporation. 664. Powers of Corporation. 665. Principal office; territorial scope of activities; agent for service of process. 666. Membership; voting rights. 667. Governing body; composition; tenure. 668. Officers. 669. Distribution of income or assets to members; loans. 670. Nonpolitical nature of Corporation. 671. Liability for acts of officers and agents. 672. Prohibition against issuance of stock or payment of dividends. 673. Books and records; inspection. 674. Repealed. 675. Use of assets on dissolution or liquidation. 676. Exclusive right to name, seals, emblems, and badges. 677. Agents for service of process. 678. Acquisition of assets and liabilities of existing corporation. 679. Effective date. 680. Reservation of right to amend or repeal chapter. ------DocID 41678 Document 591 of 1444------ -CITE- 36 USC Sec. 661 -EXPCITE- TITLE 36 CHAPTER 28 -HEAD- Sec. 661. Corporation created -STATUTE- The following persons: Stanley Adams, New York, New York; Irl Allison, Austin, Texas; Leon Barzin, New York, New York; Marion Bauer, New York, New York; Edwine Behre, New York, New York; Thomas H. Belviso, Pelham Manor, New York; Robert Russell Bennett, New York, New York; Duane Branigan, Champaign, Illinois; Howard C. Bronson, Hague, Virginia; John Brownlee, New York, New York; L. Perkins Bull, Glencoe, Illinois; Earl Campbell, Washington, District of Columbia; Leon Carson, New York, New York; Robert A. Choate, Boston, Massachusetts; James Francis Cooke, Philadelphia, Pennsylvania; Paul Creston, Yonkers, New York; Kathleen Davison, Des Moines, Iowa; Norman Dello Joio, New York, New York; Vera Wardner Dougan, Beloit, Wisconsin; Walter G. Douglas, New York, New York; Deane Edwards, Rye, New York; S. Lewis Elmer, New York, New York; Herman Finkelstein, New York, New York; Charles Warren Fox, Rochester, New York; Arthur Flagler Fultz, Boston, Massachusetts; Percy Walter Gatz, White Plains, New York; Karl Geiringer, Boston, Massachusetts; Ira Gershwin, Beverly Hills, California; Ray Green, New York, New York; Vernon Hammond, Philadelphia, Pennsylvania; Howard Hanson, Rochester, New York; Otto A. Harbach, New York, New York; Ernest E. Harris, New York, New York; Arthur A. Hauser, Berwyn, Pennsylvania; Carl Haverlin, New York, New York; Patrick Hayes, Washington, District of Columbia; Frank W. Hill, Cedar Falls, Iowa; Mark M. Horblit, Boston, Massachusetts; Edwin Hughes, New York, New York; Edna Wallace Johnston, Winter Park, Florida; Archie N. Jones, Austin, Texas; S. Turner Jones, Baldwin, New York; Arthur Judson, New York, New York; Harrison Keller, Boston, Massachusetts; Ruth Kemper, New York, New York; Raymond Kendall, Los Angeles, California; Richard Korn, New York, New York; Olga Koussevitzky, Lenox, Massachusetts; Otto Luening, New York, New York; Mae MacKenzie, Pittsburgh, Pennsylvania; Joseph E. Maddy, Ann Arbor, Michigan; Donald F. Malin, Boston, Massachusetts; Marie Marti, Detroit, Michigan; Jane R. Mayer, New York, New York; Charles Mayer, New York, New York; Peter Mennin, New York, New York; Ada Holding Miller, Providence, Rhode Island; Howard Mitchell, Washington, District of Columbia; Dmitri Mitropoulos, New York, New York; Douglas Moore, New York, New York; Harold C. Morris, New York, New York; Carol Morse, New York, New York; Walter W. Naumburg, New York, New York; Herman Neuman, New York, New York; Geoffrey O'Hara, Pawling, New York; Ralph Sylvester Peer, New York, New York; Gustave Reese, New York, New York; Claire R. Reis, New York, New York; Cornelia B. Rogers, New York, New York; Willard Rhodes, New York, New York; James Sample, Erie, Pennsylvania; William A. Schroeder, New York, New York; Elie Siegmeister, Great Neck, New York; Izler Soloman, Peekskill, New York; Sigmund Spaeth, New York, New York; Harold Spivacke, Washington, District of Columbia; Marshall Stearns, New York, New York; William Richard Steinway, New York, New York; Paul Swarm, Decatur, Illinois; Bernard U. Taylor, New York, New York; Anthony Ralph Teta, New Haven, Connecticut; Charles A. Wall, New York, New York; Sidney William Wattenberg, New York, New York; Eleanor Hale Wilson, Seattle, Washington; Philip Wyman, Cincinnati, Ohio; and their associates and successors, are created a body corporate by the name of National Music Council (hereinafter referred to as the 'Corporation') and by such name shall be known and have perpetual succession and the powers and limitations contained in this chapter. -SOURCE- (Aug. 1, 1956, ch. 824, Sec. 1, 70 Stat. 794.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 662, 679 of this title. ------DocID 41679 Document 592 of 1444------ -CITE- 36 USC Sec. 662 -EXPCITE- TITLE 36 CHAPTER 28 -HEAD- Sec. 662. Completion of organization -STATUTE- A majority of the persons named in section 661 of this title, or their successors, are hereby authorized to meet to complete the organization of the Corporation by the adoption of a constitution and bylaws, by the election of officers, and by doing all things necessary to carry into effect the provisions of this chapter. -SOURCE- (Aug. 1, 1956, ch. 824, Sec. 2, 70 Stat. 795.) ------DocID 41680 Document 593 of 1444------ -CITE- 36 USC Sec. 663 -EXPCITE- TITLE 36 CHAPTER 28 -HEAD- Sec. 663. Objects and purposes of Corporation -STATUTE- The objects and purposes of the Corporation shall be - (1) to provide the member organizations with a forum for the free discussion of problems affecting national musical life in this country; (2) to speak with one voice for music whenever an authoritative expression of opinion is desirable; (3) to provide for the interchange of information between the various member organizations; (4) to encourage the coordination of efforts of the member organizations, thereby avoiding duplication or conflict; (5) to organize exploratory surveys or fact-finding commissions whenever the Corporation shall deem them necessary for the solution of important problems; and (6) to encourage the development and appreciation of the art of music and to foster the highest ethical standards in the musical professions and industries. -SOURCE- (Aug. 1, 1956, ch. 824, Sec. 3, 70 Stat. 795.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 664, 675 of this title. ------DocID 41681 Document 594 of 1444------ -CITE- 36 USC Sec. 664 -EXPCITE- TITLE 36 CHAPTER 28 -HEAD- Sec. 664. Powers of Corporation -STATUTE- The Corporation shall have power - (1) to sue and be sued, complain and defend in any court of competent jurisdiction; (2) to adopt, use, and alter a corporate seal; (3) to choose such officers, managers, agents, and employees as the business of the Corporation may require; (4) to adopt and alter a constitution and bylaws, not inconsistent with the laws of the United States or any State in which the Corporation is to operate, for the management of its property and the regulation of its affairs; (5) to contract and be contracted with; (6) to take and hold by lease, gift, purchase, grant, devise, or bequest any property, real or personal, necessary for attaining the objects or accomplishing the purposes of the Corporation, subject to applicable provisions of law of any State (A) governing the amount or kind of real and personal property which may be held by, or (B) otherwise limiting or controlling the ownership of real and personal property by a corporation operating in such State; (7) to transfer and convey real or personal property; (8) to borrow money for the purposes of the Corporation, issue bonds therefor, and secure the same by mortgage, subject to all applicable provisions of Federal or State law; (9) to use the corporate funds to give prizes, awards, loans, scholarships, and grants to deserving composers, conductors, and others for the purposes set forth in section 663 of this title, and for such other purpose as may be determined to be proper by the board of directors; (10) to publish a bulletin, magazine, and other publications; and (11) to do any and all acts and things necessary and proper to carry out the objects and purposes of the Corporation. -SOURCE- (Aug. 1, 1956, ch. 824, Sec. 4, 70 Stat. 795.) ------DocID 41682 Document 595 of 1444------ -CITE- 36 USC Sec. 665 -EXPCITE- TITLE 36 CHAPTER 28 -HEAD- Sec. 665. Principal office; territorial scope of activities; agent for service of process -STATUTE- The activities of the Corporation may be conducted throughout the various States, Territories, and possessions of the United States. The Corporation shall maintain at all times in the District of Columbia a designated agent authorized to accept service of process for the Corporation, such designation to be filed in the office of the clerk of the United States District Court for the District of Columbia. Notice to or service upon such agent, or mailed to the business address of such agent, shall be deemed sufficient notice of service upon the Corporation. The principal office of the Corporation shall be established at such place as the board of directors deems appropriate. -SOURCE- (Aug. 1, 1956, ch. 824, Sec. 5, 70 Stat. 796.) ------DocID 41683 Document 596 of 1444------ -CITE- 36 USC Sec. 666 -EXPCITE- TITLE 36 CHAPTER 28 -HEAD- Sec. 666. Membership; voting rights -STATUTE- Eligibility for membership in the Corporation and the rights and privileges of members, shall, except as provided in this chapter, be determined according to the constitution and by-laws of the Corporation. In the conduct of the official business of the Corporation each member shall have one vote. -SOURCE- (Aug. 1, 1956, ch. 824, Sec. 6, 70 Stat. 796.) ------DocID 41684 Document 597 of 1444------ -CITE- 36 USC Sec. 667 -EXPCITE- TITLE 36 CHAPTER 28 -HEAD- Sec. 667. Governing body; composition; tenure -STATUTE- The Corporation shall be governed by a board of directors, which may be known and referred to as an Executive Committee, composed of not less than ten persons who shall be representative of members of the Corporation or such other persons as shall be selected by the members of the Corporation, and such persons shall be elected by the members of the Corporation annually or at such other regular intervals as may be specified in the by-laws of the Corporation. -SOURCE- (Aug. 1, 1956, ch. 824, Sec. 7, 70 Stat. 796.) ------DocID 41685 Document 598 of 1444------ -CITE- 36 USC Sec. 668 -EXPCITE- TITLE 36 CHAPTER 28 -HEAD- Sec. 668. Officers -STATUTE- The officers of the Corporation shall consist of a chairman of the board, a president, one or more vice presidents, a secretary, a treasurer, and such assistant officers as the board of directors shall designate. The officers shall perform such duties and have such powers as the by-laws and the board of directors may from time to time prescribe. -SOURCE- (Aug. 1, 1956, ch. 824, Sec. 8, 70 Stat. 796.) ------DocID 41686 Document 599 of 1444------ -CITE- 36 USC Sec. 669 -EXPCITE- TITLE 36 CHAPTER 28 -HEAD- Sec. 669. Distribution of income or assets to members; loans -STATUTE- (a) No part of the income or assets of the Corporation shall inure to any member, officer, or director, or be distributable to any such person except upon dissolution and final liquidation of the Corporation as provided in section 675 of this title. (b) The Corporation shall not make loans to its officers, directors, or employees. Any director who votes for or assents to the making of a loan to any officer, director, or employee of the Corporation, and any officer who participates in the making of such a loan shall be jointly and severally liable to the Corporation for the amount of such loan until the repayment thereof. -SOURCE- (Aug. 1, 1956, ch. 824, Sec. 9, 70 Stat. 796.) ------DocID 41687 Document 600 of 1444------ -CITE- 36 USC Sec. 670 -EXPCITE- TITLE 36 CHAPTER 28 -HEAD- Sec. 670. Nonpolitical nature of Corporation -STATUTE- The Corporation and its members, officers, and directors as such, shall not contribute to or otherwise support or assist any political party or candidate for elective public office. -SOURCE- (Aug. 1, 1956, ch. 824, Sec. 10, 70 Stat. 796.) ------DocID 41688 Document 601 of 1444------ -CITE- 36 USC Sec. 671 -EXPCITE- TITLE 36 CHAPTER 28 -HEAD- Sec. 671. Liability for acts of officers and agents -STATUTE- The Corporation shall be liable for the acts of its officers and agents when acting within the scope of their authority. -SOURCE- (Aug. 1, 1956, ch. 824, Sec. 11, 70 Stat. 796.) ------DocID 41689 Document 602 of 1444------ -CITE- 36 USC Sec. 672 -EXPCITE- TITLE 36 CHAPTER 28 -HEAD- Sec. 672. Prohibition against issuance of stock or payment of dividends -STATUTE- The Corporation shall have no power to issue any shares of stock or to declare or pay any dividends, or to engage in business for pecuniary profit. -SOURCE- (Aug. 1, 1956, ch. 824, Sec. 12, 70 Stat. 796.) ------DocID 41690 Document 603 of 1444------ -CITE- 36 USC Sec. 673 -EXPCITE- TITLE 36 CHAPTER 28 -HEAD- Sec. 673. Books and records; inspection -STATUTE- The Corporation shall keep correct and complete books and records of account and shall also keep minutes of the proceedings of its members, the board of directors, and committees having any authority under the board of directors; and it shall also keep a record of the names and addresses of its members entitled to vote. All books and records of the Corporation may be inspected by any member, or by his agent or attorney, at any reasonable time. -SOURCE- (Aug. 1, 1956, ch. 824, Sec. 13, 70 Stat. 796.) ------DocID 41691 Document 604 of 1444------ -CITE- 36 USC Sec. 674 -EXPCITE- TITLE 36 CHAPTER 28 -HEAD- Sec. 674. Repealed. Pub. L. 88-504, Sec. 4(25), Aug. 30, 1964, 78 Stat. 637 -MISC1- Section, act Aug. 1, 1956, ch. 824, Sec. 14, 70 Stat. 796, related to audit of financial transactions and report of such audit to Congress. See sections 1101 to 1103 of this title. ------DocID 41692 Document 605 of 1444------ -CITE- 36 USC Sec. 675 -EXPCITE- TITLE 36 CHAPTER 28 -HEAD- Sec. 675. Use of assets on dissolution or liquidation -STATUTE- Upon final dissolution or liquidation of the Corporation and after the discharge or satisfaction of all outstanding obligations and liabilities, the remaining assets of the Corporation shall be used by the board of directors for the purposes stated in section 663 of this title or be be (FOOTNOTE 1) transferred to some recognized educational foundation. (FOOTNOTE 1) So in original. -SOURCE- (Aug. 1, 1956, ch. 824, Sec. 15, 70 Stat. 797.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 669 of this title. ------DocID 41693 Document 606 of 1444------ -CITE- 36 USC Sec. 676 -EXPCITE- TITLE 36 CHAPTER 28 -HEAD- Sec. 676. Exclusive right to name, seals, emblems, and badges -STATUTE- The Corporation shall have the sole and exclusive right to use the name of National Music Council as representing such Corporation and such seals, emblems, and badges as the Corporation may lawfully adopt. -SOURCE- (Aug. 1, 1956, ch. 824, Sec. 16, 70 Stat. 797.) ------DocID 41694 Document 607 of 1444------ -CITE- 36 USC Sec. 677 -EXPCITE- TITLE 36 CHAPTER 28 -HEAD- Sec. 677. Agents for service of process -STATUTE- As a condition precedent to the exercise of any power or privilege granted to the Corporation under this chapter, the Corporation shall file in the office of the Secretary of State, or in the office of another appropriate officer, in each State and in each Territory or possession of the United States in which the Corporation is doing business, the name and post office address of an authorized agent in such State, Territory, or possession upon whom legal process or demand against the Corporation may be served. -SOURCE- (Aug. 1, 1956, ch. 824, Sec. 17, 70 Stat. 797.) ------DocID 41695 Document 608 of 1444------ -CITE- 36 USC Sec. 678 -EXPCITE- TITLE 36 CHAPTER 28 -HEAD- Sec. 678. Acquisition of assets and liabilities of existing corporation -STATUTE- The Corporation may acquire the assets of National Music Council, Incorporated, a corporation organized under the laws of the State of New York, upon discharging or satisfactorily providing for the payment and discharge of all the liabilities of such corporation, and upon complying with all laws of the State of New York applicable thereto. -SOURCE- (Aug. 1, 1956, ch. 824, Sec. 18, 70 Stat. 797.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 679 of this title. ------DocID 41696 Document 609 of 1444------ -CITE- 36 USC Sec. 679 -EXPCITE- TITLE 36 CHAPTER 28 -HEAD- Sec. 679. Effective date -STATUTE- The provisions of this chapter shall take effect on the filing in the office of the Clerk of the United States District Court in and for the Southern District of New York of affidavits signed by five of the incorporators named in section 661 of this title to the effect that National Music Council, Incorporated, referred to in section 678 of this title, has been dissolved in accordance with the laws of the State of New York, but only if such affidavits are filed within three years after August 1, 1956. -SOURCE- (Aug. 1, 1956, ch. 824, Sec. 19, 70 Stat. 797.) ------DocID 41697 Document 610 of 1444------ -CITE- 36 USC Sec. 680 -EXPCITE- TITLE 36 CHAPTER 28 -HEAD- Sec. 680. Reservation of right to amend or repeal chapter -STATUTE- The right to alter, amend, or repeal this chapter is expressly reserved. -SOURCE- (Aug. 1, 1956, ch. 824, Sec. 20, 70 Stat. 797.) ------DocID 41698 Document 611 of 1444------ -CITE- 36 USC CHAPTER 29 -EXPCITE- TITLE 36 CHAPTER 29 -HEAD- CHAPTER 29 - BOYS' CLUBS OF AMERICA -MISC1- Sec. 691. Corporation created. 692. Completion of organization. 693. Purposes and objects of corporation. 694. Powers of corporation. 695. Principal office; territorial scope of activities; agent for service of process. 696. Membership; voting rights; benefits of member organizations. 697. Governing body. (a) Composition. (b) Tenure. (c) Duties. 698. Officers. 699. Distribution of income or assets to members; loans. 700. Nonpolitical nature of corporation. 701. Liability for acts of officers and agents. 702. Prohibition against issuance of stock or payment of dividends. 703. Books and records; inspection. 704. Repealed. 705. Use of assets on dissolution or liquidation. 706. Acquisition of assets and liabilities of existing corporation. 707. Reservation of right to amend or repeal chapter. ------DocID 41699 Document 612 of 1444------ -CITE- 36 USC Sec. 691 -EXPCITE- TITLE 36 CHAPTER 29 -HEAD- Sec. 691. Corporation created -STATUTE- The following persons: Herbert Hoover, New York, New York; William E. Hall, New York, New York; Albert L. Cole, Pleasantville, New York; James A. Farley, New York, New York; Albert C. Wedemeyer, New York, New York; Matthew Woll, New York, New York; Jeremiah Milbank, New York, New York; Stanley Resor, New York, New York; James B. Carey, Washington, District of Columbia; J. Edgar Hoover, Washington, District of Columbia; Lewis L. Strauss, Washington, District of Columbia; General Robert E. Wood, Chicago, Illinois; Frederic Cameron Church, Boston, Massachusetts; H. Bruce Palmer, Newark, New Jersey; Edgar A. Guest, Detroit, Michigan; Nicholas H. Noyes, Indianapolis, Indiana; George A. Scott, San Diego, California; E. E. Fogelson, Dallas, Texas; Ernest Ingold, San Francisco, California; Jesse Draper, Atlanta, Georgia; Julius Epstein, Chicago, Illinois, and their successors, are created and declared to be a body corporate of the District of Columbia, where its legal domicile shall be, by the name of the Boys' Clubs of America (hereinafter referred to as the corporation) and by such name shall be known and have perpetual succession and the powers, limitations, and restrictions herein contained. -SOURCE- (Aug. 6, 1956, ch. 976, Sec. 1, 70 Stat. 1052.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 692 of this title. ------DocID 41700 Document 613 of 1444------ -CITE- 36 USC Sec. 692 -EXPCITE- TITLE 36 CHAPTER 29 -HEAD- Sec. 692. Completion of organization -STATUTE- A majority of the persons named in section 691 of this title are authorized to complete the organization of the corporation by the adoption of a constitution and bylaws, not inconsistent with this chapter, and the doing of such other acts (including the selection of officers and employees in accordance with such constitution and bylaws) as may be necessary for such purpose. -SOURCE- (Aug. 6, 1956, ch. 976, Sec. 2, 70 Stat. 1052.) ------DocID 41701 Document 614 of 1444------ -CITE- 36 USC Sec. 693 -EXPCITE- TITLE 36 CHAPTER 29 -HEAD- Sec. 693. Purposes and objects of corporation -STATUTE- The purpose of the corporation shall be to promote the health, social, educational, vocational, and character development of boys throughout the United States of America; to receive, invest, and disburse funds and to hold property for the purposes of the corporation. -SOURCE- (Aug. 6, 1956, ch. 976, Sec. 3, 70 Stat. 1052.) ------DocID 41702 Document 615 of 1444------ -CITE- 36 USC Sec. 694 -EXPCITE- TITLE 36 CHAPTER 29 -HEAD- Sec. 694. Powers of corporation -STATUTE- The corporation shall have power - (1) to have succession by its corporate name; (2) to sue and be sued, complain and defend in any court of competent jurisdiction; (3) to adopt, use, and alter a corporate seal; (4) to choose such officers, managers, agents, and employees as the business of the corporation may require; (5) to adopt, amend, and alter a constitution and bylaws, not inconsistent with the laws of the United States or any State in which the corporation is to operate, for the management of its property and the regulation of its affairs; (6) to contract and be contracted with; (7) to take by lease, gift, purchase, grant, devise, or bequest from any private corporation, association, partnership, firm or individual and to hold any property, real, personal, or mixed, necessary or convenient for attaining the objects and carrying into effect the purposes of the corporation, subject, however, to applicable provisions of law of any State (A) governing the amount or kind of property which may be held by, or (B) otherwise limiting or controlling the ownership of property by, a corporation operating in such State; (8) to transfer, convey, lease, sublease, encumber and otherwise alienate real, personal or mixed property; and (9) to borrow money for the purposes of the corporation, issue bonds therefor, and secure the same by mortgage, deed of trust, pledge, or otherwise, subject in every case to all applicable provisions of Federal and State laws. -SOURCE- (Aug. 6, 1956, ch. 976, Sec. 4, 70 Stat. 1052.) ------DocID 41703 Document 616 of 1444------ -CITE- 36 USC Sec. 695 -EXPCITE- TITLE 36 CHAPTER 29 -HEAD- Sec. 695. Principal office; territorial scope of activities; agent for service of process -STATUTE- (a) The principal office of the corporation shall be located in New York City, New York, or in such other place as may be later determined by the board of directors, but the activities of the corporation shall not be confined to that place, but may be conducted throughout the various States, Territories, and possessions of the United States. (b) The corporation shall have in the District of Columbia at all times a designated agent authorized to accept service of process for the corporation; and notice to or service upon such agent, or mailed to the business address of such agent, shall be deemed notice to or service upon the corporation. -SOURCE- (Aug. 6, 1956, ch. 976, Sec. 5, 70 Stat. 1053.) ------DocID 41704 Document 617 of 1444------ -CITE- 36 USC Sec. 696 -EXPCITE- TITLE 36 CHAPTER 29 -HEAD- Sec. 696. Membership; voting rights; benefits of member organizations -STATUTE- (a) Eligibility for membership in the corporation and the rights, privileges, and designation of classes of members shall, except as provided in this chapter, be determined as the constitution and bylaws of the corporation may provide. Each member of the corporation shall have the right to one vote on each matter submitted to a vote at all meetings of the members of the corporation. (b) Each organization which is a member of the corporation as provided in the constitution thereof shall be entitled to all the benefits of incorporation under this chapter, but such benefits shall cease immediately either upon its resignation from the corporation, or in the event that its membership in the corporation is canceled or otherwise terminated by the board of directors, as provided in the constitution of the corporation. -SOURCE- (Aug. 6, 1956, ch. 976, Sec. 6, 70 Stat. 1053.) ------DocID 41705 Document 618 of 1444------ -CITE- 36 USC Sec. 697 -EXPCITE- TITLE 36 CHAPTER 29 -HEAD- Sec. 697. Governing body -STATUTE- (a) Composition Upon the enactment of this chapter the membership of the initial board of directors of the corporation shall consist of the present members of the board of directors of the Boys' Clubs of America, the corporation described in section 706 of this title, or such of them as may then be living and are qualified members of said board of directors, to wit: Hoyt Ammidon, New York, New York; Wendell W. Anderson, Detroit, Michigan; Sewell L. Avery, Chicago, Illinois; Richard E. Berlin, New York, New York; Arthur T. Burger, Boston, Massachusetts; Hendry S. M. Burns, New York, New York; John L. Burns, New York, New York; Peter Capra, New York, New York; James B. Carey, Washington, District of Columbia; Colby M. Chester, New York, New York; Frederic C. Church, Boston, Massachusetts; Albert L. Cole, Pleasantville, New York; Carle C. Conway, New York, New York; Donald K. David, New York, New York; Morse G. Dial, New York, New York; Robert W. Dowling, New York, New York; Kempton Dunn, New York, New York; Gilbert D. Eaton, Oakland, California; Julius Epstein, Chicago, Illinois; James A. Farley, New York, New York; Horace C. Flanigan, New York, New York; E. E. Fogelson, Dallas, Texas; Philip G. Geiger, Pawtucket, Rhode Island; M. Preston Goodfellow, Washington, District of Columbia; J. Peter Grace, Junior, New York, New York; John S. Griswold, New York, New York; Powell C. Groner, Kansas City, Missouri; Edgar A. Guest, Detroit, Michigan; William Edwin Hall, New York, New York; Robert B. Heppenstall, Pittsburgh, Pennsylvania; William Edwin Hill, New York, New York; Allan Hoover, New York, New York; Herbert Hoover, New York, New York; J. Edgar Hoover, Washington, District of Columbia; Arthur Huck, New York, New York; Austin S. Iglehart, New York, New York; Ernest Ingold, San Francisco, California; Edward Ingraham, Bristol, Connecticut; Gordon Jeffery, Toledo, Ohio; Frank R. Jelleff, Washington, District of Columbia; Grant Keehn, New York, New York; James S. Kemper, Chicago, Illinois; Major William G. Kiefer, Louisville, Kentucky; Philip Le Boutillier, New York, New York; Philip Le Boutillier, Junior, Toledo, Ohio; James A. Linen, New York, New York; John D. Lockton, New York, New York; Fred Loock, Milwaukee, Wisconsin; David I. McCahill, Pittsburgh, Pennsylvania; Charles P. McCormick, Baltimore, Maryland; Everett McCullough, Wichita Falls, Texas; Ira McGuire, Muncie, Indiana; Charles R. Messier, Newark, New Jersey; Jeremiah Milbank, New York, New York; Theodore G. Montague, New York, New York; W. R. Nicholson, Junior, Philadelphia, Pennsylvania; Nicholas H. Noyes, Indianapolis, Indiana; Harry L. Olden, Cincinnati, Ohio; Frank Pace, Junior, New York, New York; August K. Paeschke, Milwaukee, Wisconsin; H. Bruce Palmer, Newark, New Jersey; Richard S. Perkins, New York, New York; Samuel F. Pryor, New York, New York; Stanley Resor, New York, New York; Captain E. V. Rickenbacker, New York, New York; Victor F. Ridder, New York, New York; Fredric E. Schluter, Trenton, New Jersey; George A. Scott, San Diego, California; Irving J. Scher, Milwaukee, Wisconsin; Grant G. Simmons, New York, New York; P. C. Spencer, New York, New York; Clifford L. Strang, Tonawanda, New York; Edward K. Straus, New York, New York; Lewis L. Strauss, Washington, District of Columbia; Kenneth C. Towe, New York, New York; Maxwell M. Upson, New York, New York; Virgil P. Warren, Atlanta, Georgia; Albert C. Wedemeyer, New York, New York; Morgan W. Wheelock, New York, New York; J. Dugald White, New York, New York; Myron A. Wick, Junior, Stamford, Connecticut; Alfred G. Wilson, Detroit, Michigan; William S. Wilson, New York, New York; Matthew Woll, New York, New York; General Robert E. Wood, Chicago, Illinois; Gordon J. Wormal, Santa Barbara, California; E. A. Wright, Detroit, Michigan; Paul S. Young, Schenectady, New York; William Zeigler, Junior, New York, New York. (b) Tenure Thereafter the board of directors of the corporation shall consist of such number as may be prescribed in the constitution of the corporation, and the members of such board shall be selected in such manner (including the filling of vacancies), and shall serve for such terms, as may be prescribed in the constitution and bylaws of the corporation. (c) Duties The board of directors shall be the managing body of the corporation and shall have such powers, duties, and responsibilities as may be prescribed in the constitution and bylaws of the corporation. -SOURCE- (Aug. 6, 1956, ch. 976, Sec. 7, 70 Stat. 1053.) ------DocID 41706 Document 619 of 1444------ -CITE- 36 USC Sec. 698 -EXPCITE- TITLE 36 CHAPTER 29 -HEAD- Sec. 698. Officers -STATUTE- (a) The officers of the corporation shall be a chairman of the board of directors, a president, one or more vice presidents (as may be prescribed in the constitution and bylaws of the corporation), a secretary, and a treasurer, and one or more assistant secretaries and assistant treasurers as may be provided in the constitution and bylaws. (b) The officers of the corporation shall be elected in such manner and for such terms and with such duties as may be prescribed in the constitution and bylaws of the corporation. -SOURCE- (Aug. 6, 1956, ch. 976, Sec. 8, 70 Stat. 1055.) ------DocID 41707 Document 620 of 1444------ -CITE- 36 USC Sec. 699 -EXPCITE- TITLE 36 CHAPTER 29 -HEAD- Sec. 699. Distribution of income or assets to members; loans -STATUTE- (a) No part of the income or assets of the corporation shall inure to any of its members, directors, or officers as such, or be distributable to any of them during the life of the corporation or upon its dissolution or final liquidation. Nothing in this subsection, however, shall be construed to prevent the payment of compensation to officers of the corporation in amounts approved by the board of directors of the corporation. (b) The corporation shall not make loans to its officers, directors, or employees. Any director who votes for or assents to the making of a loan or advance to an officer, director, or employee of the corporation, and any officer who participates in the making of such a loan or advance, shall be jointly and severally liable to the corporation for the amount of such loan until the repayment thereof. -SOURCE- (Aug. 6, 1956, ch. 976, Sec. 9, 70 Stat. 1055.) ------DocID 41708 Document 621 of 1444------ -CITE- 36 USC Sec. 700 -EXPCITE- TITLE 36 CHAPTER 29 -HEAD- Sec. 700. Nonpolitical nature of corporation -STATUTE- The corporation, and its officers and directors as such, shall not contribute to or otherwise support or assist any political party or candidate for public office. -SOURCE- (Aug. 6, 1956, ch. 976, Sec. 10, 70 Stat. 1055.) ------DocID 41709 Document 622 of 1444------ -CITE- 36 USC Sec. 701 -EXPCITE- TITLE 36 CHAPTER 29 -HEAD- Sec. 701. Liability for acts of officers and agents -STATUTE- The corporation shall be liable for the acts of its officers and agents when acting within the scope of their authority. -SOURCE- (Aug. 6, 1956, ch. 976, Sec. 11, 70 Stat. 1055.) ------DocID 41710 Document 623 of 1444------ -CITE- 36 USC Sec. 702 -EXPCITE- TITLE 36 CHAPTER 29 -HEAD- Sec. 702. Prohibition against issuance of stock or payment of dividends -STATUTE- The corporation shall have no power to issue any shares of stock or to declare or pay any dividends. -SOURCE- (Aug. 6, 1956, ch. 976, Sec. 12, 70 Stat. 1055.) ------DocID 41711 Document 624 of 1444------ -CITE- 36 USC Sec. 703 -EXPCITE- TITLE 36 CHAPTER 29 -HEAD- Sec. 703. Books and records; inspection -STATUTE- The corporation shall keep correct and complete books and records of account and shall keep minutes of the proceedings of its members, board of directors, and committees having any authority under the board of directors; and it shall also keep at its principal office a record of the names and addresses of its members entitled to vote. All books and records of the corporation may be inspected by any member entitled to vote, or his agent or attorney, for any proper purpose, at any reasonable time. -SOURCE- (Aug. 6, 1956, ch. 976, Sec. 13, 70 Stat. 1055.) ------DocID 41712 Document 625 of 1444------ -CITE- 36 USC Sec. 704 -EXPCITE- TITLE 36 CHAPTER 29 -HEAD- Sec. 704. Repealed. Pub. L. 88-504, Sec. 4(26), Aug. 30, 1964, 78 Stat. 637 -MISC1- Section, act Aug. 6, 1956, ch. 976, Sec. 14, 70 Stat. 1055, related to audit of financial transactions and report of such audit to Congress. See sections 1101 to 1103 of this title. ------DocID 41713 Document 626 of 1444------ -CITE- 36 USC Sec. 705 -EXPCITE- TITLE 36 CHAPTER 29 -HEAD- Sec. 705. Use of assets on dissolution or liquidation -STATUTE- Upon dissolution or final liquidation of the corporation, after discharge or satisfaction of all outstanding obligations and liabilities, the remaining assets, if any, of the corporation shall be distributed in accordance with the determination of the board of directors of the corporation and in compliance with the constitution and bylaws of the corporation and all Federal and State laws applicable thereto. -SOURCE- (Aug. 6, 1956, ch. 976, Sec. 15, 70 Stat. 1056.) ------DocID 41714 Document 627 of 1444------ -CITE- 36 USC Sec. 706 -EXPCITE- TITLE 36 CHAPTER 29 -HEAD- Sec. 706. Acquisition of assets and liabilities of existing corporation -STATUTE- The corporation may acquire the assets of the Boys' Clubs of America, a corpor