US (United States) Code. Title 36. Subtitle II. Part B. Chapter 1511: National Education Association of the US (United States)

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Patriotic and national observances, ceremonies, and organizations

  • Enviado por: El remitente no desea revelar su nombre
  • Idioma: inglés
  • País: Estados Unidos Estados Unidos
  • 13 páginas
publicidad

-CITE-

36 USC CHAPTER 1511 - NATIONAL EDUCATION ASSOCIATION OF

THE UNITED STATES 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 1511 - NATIONAL EDUCATION ASSOCIATION OF THE UNITED STATES

-HEAD-

CHAPTER 1511 - NATIONAL EDUCATION ASSOCIATION OF THE UNITED STATES

-MISC1-

Sec.

151101. Organization.

151102. Purposes.

151103. Membership.

151104. Governing body.

151105. Powers.

151106. Tax exemption.

151107. Principal office.

151108. Nonapplication of audit requirements.

-End-

-CITE-

36 USC Sec. 151101 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 1511 - NATIONAL EDUCATION ASSOCIATION OF THE UNITED STATES

-HEAD-

Sec. 151101. Organization

-STATUTE-

(a) Federal Charter. - National Education Association of the

United States (in this chapter, the "corporation") is a federally

chartered corporation.

(b) Place of Incorporation. - The corporation is declared to be

incorporated in the District of Columbia.

(c) Perpetual Existence. - Except as otherwise provided, the

corporation has perpetual existence.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1397.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

151101 36:5301. June 30, 1906, ch. 3929,

Secs. 1, 10, 34 Stat. 804,

807.

36:5310.

--------------------------------------------------------------------

This section is substituted for 36:5301 for consistency in the

revised title and to eliminate executed and obsolete words. The

text of 36:5310 is omitted as executed and obsolete.

-End-

-CITE-

36 USC Sec. 151102 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 1511 - NATIONAL EDUCATION ASSOCIATION OF THE UNITED STATES

-HEAD-

Sec. 151102. Purposes

-STATUTE-

The purposes of the corporation are -

(1) to elevate the character and advance the interests of the

profession of teaching; and

(2) to promote the cause of education in the United States.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1397.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

151102 36:5302 (1st June 30, 1906, ch. 3929,

sentence). Sec. 2 (1st sentence), 34

Stat. 805.

--------------------------------------------------------------------

Before clause (1), the word "object" is omitted as included in

"purposes".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 151106 of this title.

-End-

-CITE-

36 USC Sec. 151103 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 1511 - NATIONAL EDUCATION ASSOCIATION OF THE UNITED STATES

-HEAD-

Sec. 151103. Membership

-STATUTE-

Eligibility for membership in the corporation and the rights,

obligations, and designation of classes of members are as provided

in the bylaws.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1398.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

151103 36:5305. June 30, 1906, ch. 3929,

Sec. 5, 34 Stat. 805; June

14, 1937, ch. 336, Sec. 1,

50 Stat. 257.

--------------------------------------------------------------------

The words "Eligibility for membership" are substituted for

"qualifications", the words "designation of classes" are

substituted for "classifications", and the words "are as provided

in the bylaws" are substituted for "shall be prescribed in the

bylaws", for consistency in the revised title.

-End-

-CITE-

36 USC Sec. 151104 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 1511 - NATIONAL EDUCATION ASSOCIATION OF THE UNITED STATES

-HEAD-

Sec. 151104. Governing body

-STATUTE-

(a) Officers. - The officers of the corporation are a president,

one or more vice presidents, a secretary, a treasurer, and the

members of a board of directors, an executive committee, and any

other boards, councils, and committees, and other officers, as

provided in the bylaws.

(b) Additional Provisions. - Except as provided in this chapter,

the manner of selection, term of office, powers, and duties of the

officers, boards, councils, and committees are as provided in the

bylaws. The bylaws may provide other and different provisions as to

the names and numbers of the officers, boards, councils, and

committees.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1398.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

151104 36:5302 (last June 30, 1906, ch. 3929,

sentence). Sec. 2 (last sentence), 34

Stat. 805.

36:5306. June 30, 1906, ch. 3929,

Sec. 6, 34 Stat. 805; June

14, 1937, ch. 336, Sec. 2,

50 Stat. 257; June 30, 1969,

Pub. L. 91-37, Sec. 1(b), 83

Stat. 43.

--------------------------------------------------------------------

In this section, the text of 36:5302 (last sentence) is omitted

as unnecessary and obsolete because it includes authority to change

or abolish the departments specified in that provision.

In subsection (a), the words "and the members of" are added for

clarity.

In subsection (b), the words "manner of selection" are

substituted for "manner of election or appointment" for consistency

in the revised title and to eliminate unnecessary words. The words

"are as provided in the bylaws" are substituted for "the bylaws of

the corporation shall prescribe" for consistency in the revised

title.

-End-

-CITE-

36 USC Sec. 151105 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 1511 - NATIONAL EDUCATION ASSOCIATION OF THE UNITED STATES

-HEAD-

Sec. 151105. Powers

-STATUTE-

The corporation may -

(1) adopt and amend bylaws;

(2) adopt and alter a corporate seal;

(3) acquire, own, lease, encumber, and transfer property to

carry out the purposes of the corporation;

(4) accept and administer a trust for educational purposes;

(5) borrow money, issue instruments of indebtedness, and secure

its obligations by granting security interests in its property;

and

(6) sue and be sued in any court of the United States, or other

court of competent jurisdiction.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1398.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

151105 36:5303. June 30, 1906, ch. 3929,

Sec. 3, 34 Stat. 805; June

30, 1969, Pub. L. 91-37,

Sec. 1(a), 83 Stat. 42.

36:5309. June 30, 1906, ch. 3929,

Sec. 9, 34 Stat. 807.

--------------------------------------------------------------------

In this section, the text of 36:5309 is omitted as executed and

obsolete.

In clause (1), the words "adopt and amend" are substituted for

"make" for consistency in the revised title. The words "not

inconsistent with the provisions of this chapter or of the

Constitution of the United States" are omitted as unnecessary.

In clause (2), the words "adopt and alter a corporate seal" are

substituted for "have and to use a common seal, and to alter and

change the same at its pleasure" for consistency in the revised

title and to eliminate unnecessary words.

Clause (3) is substituted for "take or receive, whether by gift,

grant, devise, bequest, or purchase, any real or personal estate,

and to hold, grant, transfer, sell, convey, hire, or lease the same

for the purpose of its incorporation" for consistency in the

revised title and to eliminate unnecessary words.

In clause (4), the words "of real or personal estate" and "within

the objects of the corporation" are omitted as unnecessary.

In clause (5), the words "for its corporate purposes" are omitted

as unnecessary. The words "instruments of indebtedness" are

substituted for "bonds therefor", and the words "secure its

obligations by granting security interests in its property" are

substituted for "secure the same by mortgage, deed of trust,

pledge, or otherwise", for consistency in the revised title and to

eliminate unnecessary words.

-End-

-CITE-

36 USC Sec. 151106 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 1511 - NATIONAL EDUCATION ASSOCIATION OF THE UNITED STATES

-HEAD-

Sec. 151106. Tax exemption

-STATUTE-

(a) Real Property. - Real property of the corporation is exempt

from taxation if it is -

(1) located in the District of Columbia;

(2) used for the purposes provided in section 151102 of this

title; and

(3) not used to produce income.

(b) Personal Property. - Personal property of the corporation is

exempt from taxation if it is used for the purposes provided in

section 151102 of this title or to produce income to be used for

those purposes.

(c) Annual Report. - The corporation shall submit annually to the

Secretary of Education a written report stating in detail for the

prior year -

(1) the real and personal property held by the corporation;

(2) the income from the property; and

(3) the expenditure or other use or disposition of the property

and income from the property.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1398.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

151106(a), 36:5304 (words June 30, 1906, ch. 3929,

(b) before last Sec. 4, 34 Stat. 805.

proviso).

151106(c) 36:5304 (last

proviso).

--------------------------------------------------------------------

In subsections (a) and (b), the words "the purposes provided in

section 151102 of this title" are substituted for "the educational

or other purposes of the corporation as aforesaid" and "educational

purposes aforesaid" for clarity. The words "Provided, however, That

this exemption shall not apply to any property of the corporation

which shall not be used for or the income of which shall not be

applied to the educational purposes of the corporation" are omitted

as unnecessary.

In subsection (b), the words "and funds" are omitted as included

in "personal property". The words "held" and "invested" are omitted

as included in "used . . . to produce income".

In subsection (c), the words "Secretary of Education" are

substituted for "Commissioner of Education of the United States"

because all functions of the Commissioner of Education have been

transferred to the Secretary of Education as provided in

20:3441(a).

TAXATION OF REAL PROPERTY OF NEA IN DISTRICT OF COLUMBIA

Pub. L. 105-277, div. A, Sec. 101(c) [Sec. 147], Oct. 21, 1998,

112 Stat. 2681-121, 2681-145, provided that: "Notwithstanding any

provision of any Federally-granted charter or any other provision

of law, beginning with fiscal year 1999 and for each fiscal year

hereafter, the real property of the National Education Association

located in the District of Columbia shall be subject to taxation by

the District of Columbia in the same manner as any similar

organization."

-End-

-CITE-

36 USC Sec. 151107 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 1511 - NATIONAL EDUCATION ASSOCIATION OF THE UNITED STATES

-HEAD-

Sec. 151107. Principal office

-STATUTE-

The principal office of the corporation shall be in the District

of Columbia. However, the activities of the corporation may be

conducted, and offices may be maintained, throughout the United

States in accordance with the bylaws.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1398.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

151107 36:5308. June 30, 1906, ch. 3929,

Sec. 8, 34 Stat. 807; June

14, 1937, ch. 336, Sec. 4,

50 Stat. 258.

--------------------------------------------------------------------

The words "activities of the corporation may be conducted" are

substituted for "meetings of the corporation, its officers,

committees, and departments, may be held, and . . . its business

may be transacted" for consistency in the revised title and to

eliminate unnecessary words.

-End-

-CITE-

36 USC Sec. 151108 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 1511 - NATIONAL EDUCATION ASSOCIATION OF THE UNITED STATES

-HEAD-

Sec. 151108. Nonapplication of audit requirements

-STATUTE-

The audit requirements of section 10101 of this title do not

apply to the corporation.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1399.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

151108 (no source).

--------------------------------------------------------------------

This section is added to except the National Education

Association of the United States from the application of section

10101 of the revised title, restating 36:1101-1103, which imposes

audit requirements on certain federally chartered corporations. The

Association is not included in the list of corporations set out in

36:1101 to which the audit requirements apply.

-End-