US (United States) Code. Title 36. Subtitle II. Part B. Chapter 1701: Paralyzed veterans of america

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
  • 17 páginas
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-CITE-

36 USC CHAPTER 1701 - PARALYZED VETERANS OF AMERICA 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 1701 - PARALYZED VETERANS OF AMERICA

-HEAD-

CHAPTER 1701 - PARALYZED VETERANS OF AMERICA

-MISC1-

Sec.

170101. Organization.

170102. Purposes.

170103. Membership.

170104. Powers.

170105. Exclusive right to name, seals, emblems, and badges.

170106. Restrictions.

170107. Headquarters and principal place of business.

170108. Records and inspection.

170109. Service of process.

170110. Liability for acts of officers and agents.

170111. Distribution of assets on dissolution or final

liquidation.

-End-

-CITE-

36 USC Sec. 170101 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 1701 - PARALYZED VETERANS OF AMERICA

-HEAD-

Sec. 170101. Organization

-STATUTE-

(a) Federal Charter. - Paralyzed Veterans of America (in this

chapter, the "corporation") is a federally chartered corporation.

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

corporation has perpetual existence.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1439.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

Section

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

170101(a) 36:1151. Aug. 11, 1971, Pub. L.

92-93, Secs. 1, 2, 4

(related to perpetual

succession), 85 Stat. 317.

36:1152.

170101(b) 36:1154 (related to

perpetual

succession).

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

Subsection (a) is substituted for the source provisions for

consistency in the revised title and to eliminate executed and

unnecessary language.

Subsection (b) is substituted for "shall have perpetual

succession" for consistency in the revised title.

-End-

-CITE-

36 USC Sec. 170102 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 1701 - PARALYZED VETERANS OF AMERICA

-HEAD-

Sec. 170102. Purposes

-STATUTE-

The purposes of the corporation are -

(1) to preserve the great and basic truths and enduring

principles on which this Nation was founded;

(2) to form a national association for the benefit of

individuals who have suffered injuries or diseases of the spinal

cord;

(3) to acquaint the public with the needs and problems of

paraplegics;

(4) to promote medical research in the several fields connected

with injuries and diseases of the spinal cord, including research

in neurosurgery and orthopedics and in genitourinary and

orthopedic appliances; and

(5) to advocate and foster complete and effective

reconditioning programs for paraplegics, including a thorough

physical reconditioning program, physiotherapy, competent walking

instructions, adequate guidance (both vocational and

educational), academic and vocational education (both in

hospitals and in educational institutions), psychological

orientation and readjustment to family and friends, and

occupational therapy (both functional and diversional).

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1439.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

Section

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

170102 36:1153. Aug. 11, 1971, Pub. L.

92-93, Sec. 3, 85 Stat. 317.

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

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

"purposes".

-End-

-CITE-

36 USC Sec. 170103 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 1701 - PARALYZED VETERANS OF AMERICA

-HEAD-

Sec. 170103. Membership

-STATUTE-

An individual is eligible for membership in the corporation if

the individual -

(1) is a citizen of the United States;

(2) was regularly enlisted, inducted, or commissioned, and was

accepted for or on active duty, in the Army, Navy, Marine Corps,

Air Force, or Coast Guard of the United States or an ally of the

United States;

(3)(A) was separated from service in the Armed Forces under

conditions other than dishonorable; or

(B) is on active duty or must continue to serve after the

cessation of hostilities; and

(4) has suffered a spinal cord injury or disease, whether or

not service connected in origin.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1440.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

Section

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

170103 36:1157. Aug. 11, 1971, Pub. L.

92-93, Sec. 7, 85 Stat. 318.

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

In clause (1), the words "citizen of the United States" are

substituted for "American citizen" for consistency in the revised

title and with other titles of the United States Code.

Clause (3)(A) is substituted for "Service with the Armed Forces

must have been terminated by discharge or separation from service

under conditions other than dishonorable" to eliminate unnecessary

words.

Clause (3)(B) is substituted for "Provided, however, That persons

otherwise eligible for membership who are on active duty or who

must continue to serve after the cessation of hostilities are also

eligible for membership" to eliminate unnecessary words.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-End-

-CITE-

36 USC Sec. 170104 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 1701 - PARALYZED VETERANS OF AMERICA

-HEAD-

Sec. 170104. Powers

-STATUTE-

(a) Specific Powers. - The corporation may -

(1) adopt and amend a constitution and bylaws;

(2) adopt and alter a corporate seal, emblems, and badges;

(3) choose officers, representatives, and agents as necessary

to carry out the purposes of the corporation;

(4) make contracts;

(5) accept gifts, legacies, and devises that will further the

purposes of the corporation;

(6) acquire, own, lease, encumber, and transfer property as

necessary to carry out the purposes of the corporation;

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

its obligations by granting security interests in its property;

(8) establish, regulate, and discontinue subordinate State and

regional organizations and local chapters or posts;

(9) establish and maintain offices to conduct the affairs of

the corporation;

(10) publish a magazine, newspaper, and other publications;

(11) sue and be sued; and

(12) do any other act necessary and proper to carry out the

purposes of the corporation.

(b) Privileges of Other National Veterans' Organizations. -

Privileges granted to other national veterans' organizations as a

result of their being incorporated by Congress are also granted to

the corporation.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1440.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

Section

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

170104(a) 36:1154 (less Aug. 11, 1971, Pub. L.

perpetual 92-93, Secs. 4 (less

succession). perpetual succession), 13,

85 Stat. 317, 319.

170104(b) 36:1163.

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In subsection (a)(1), the word "amend" is substituted for "alter"

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

with law" are omitted as unnecessary.

In subsection (a)(6), the words "acquire, own, lease, encumber,

and transfer" are substituted for "acquire, hold, and dispose of"

for consistency in the revised title. The words "such real and

personal" and "as may be" are omitted as unnecessary.

In subsection (a)(7), the words "for the purposes of the

corporation" are omitted as unnecessary. The words "issue

instruments of indebtedness, and secure its obligations by granting

security interests in its property" are substituted for "issue

bonds therefor, and secure the same by mortgage" for consistency in

the revised title. The words "subject in every case to all

applicable provisions of Federal and State law" are omitted as

unnecessary.

In subsection (a)(12), the words "any other act" are substituted

for "any and all acts and things" for consistency in the revised

title and to eliminate unnecessary words. The words "objects and"

are omitted as unnecessary.

In subsection (b), the words "Such provisions", "and

prerogatives", "heretofore", and "hereby" are omitted as

unnecessary.

-End-

-CITE-

36 USC Sec. 170105 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 1701 - PARALYZED VETERANS OF AMERICA

-HEAD-

Sec. 170105. Exclusive right to name, seals, emblems, and badges

-STATUTE-

The corporation and its State and regional organizations and

local chapters or posts have the exclusive right to use the name

"Paralyzed Veterans of America" and seals, emblems, and badges the

corporation lawfully adopts.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1441.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

170105 36:1160. Aug. 11, 1971, Pub. L.

92-93, Sec. 10, 85 Stat. 318.

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

The words "sole", "have and", and "in carrying out its purposes"

are omitted as unnecessary.

-End-

-CITE-

36 USC Sec. 170106 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 1701 - PARALYZED VETERANS OF AMERICA

-HEAD-

Sec. 170106. Restrictions

-STATUTE-

(a) Profit. - The corporation may not engage in business for

profit.

(b) Stock. - The corporation may not issue stock.

(c) Political Activities. - The corporation shall be nonpolitical

and may not provide financial aid to, or otherwise promote the

candidacy of, an individual seeking public office.

(d) Distribution of Income or Assets. - The income or assets of

the corporation may not inure to the benefit of, or be distributed

to, a director, officer, member, or employee during the life of the

corporation or on its dissolution or final liquidation. This

subsection does not prevent the payment of reasonable compensation

to an officer or employee or reimbursement for actual necessary

expenses in amounts approved by the board of directors.

(e) Loans. - The corporation may not make a loan to a director,

officer, member, or employee. Directors who vote for or assent to

making such a loan, and officers who participate in making the

loan, are jointly and severally liable to the corporation for the

amount of the loan until it is repaid.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1441.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

Section

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

170106(a), 36:1155. Aug. 11, 1971, Pub. L.

(b) 92-93, Secs. 5, 6, 14, 85

Stat. 318, 319.

170106(c) 36:1156.

170106(d) 36:1164(a).

170106(e) 36:1164(b).

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In subsection (a), the words "pecuniary" and "or gain" are

omitted as unnecessary.

In subsection (b), the word "capital" is omitted as unnecessary.

In subsection (c), the words "as an organization" are omitted as

unnecessary.

In subsection (d), the words "inure to the benefit of" are

substituted for "inure to" for consistency in the revised title.

-End-

-CITE-

36 USC Sec. 170107 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 1701 - PARALYZED VETERANS OF AMERICA

-HEAD-

Sec. 170107. Headquarters and principal place of business

-STATUTE-

The headquarters and principal place of business of the

corporation shall be in the District of Columbia. However, the

activities of the corporation are not confined to the District of

Columbia but may be conducted throughout the States, territories,

and possessions of the United States.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1441.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

170107 36:1158. Aug. 11, 1971, Pub. L.

92-93, Sec. 8, 85 Stat. 318.

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

The words "activities of the corporation are not confined to the

District of Columbia but may be" are substituted for "activities of

said organization, as set out herein, shall not be confined to said

city, but shall be" for consistency in the revised title.

-End-

-CITE-

36 USC Sec. 170108 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 1701 - PARALYZED VETERANS OF AMERICA

-HEAD-

Sec. 170108. Records and inspection

-STATUTE-

(a) Records. - The corporation shall keep -

(1) correct and complete records of account;

(2) minutes of the proceedings of its members, executive

committee, and committees having any of the authority of its

executive committee; and

(3) at its principal office, a record of the names and

addresses of its members entitled to vote.

(b) Inspection. - A member entitled to vote, or an agent or

attorney of the member, may inspect the records of the corporation

for any proper purpose, at any reasonable time.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1441.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

170108 36:1161. Aug. 11, 1971, Pub. L.

92-93, Sec. 11, 85 Stat. 318.

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

In this section, the word "records" is substituted for "books and

records" for consistency in the revised title and with other titles

of the United States Code.

In subsection (a)(3), the words "registered office or" are

omitted for consistency in the revised title.

-End-

-CITE-

36 USC Sec. 170109 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 1701 - PARALYZED VETERANS OF AMERICA

-HEAD-

Sec. 170109. Service of process

-STATUTE-

As a condition to the exercise of any power or privilege granted

by this chapter, the corporation shall file, with the secretary of

state or other designated official of each State, territory, or

possession of the United States in which an organization, chapter,

or post is organized, the name and address of an agent in that

State, territory, or possession on whom legal process or demands

against the corporation may be served.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1441.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

170109 36:1162. Aug. 11, 1971, Pub. L.

92-93, Sec. 12, 85 Stat. 318.

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

The words "precedent", "herein", and "or conferred" are omitted

as unnecessary. The words "with the secretary of state or other

designated official" are substituted for "in the office of the

Secretary" for consistency in the revised title. The words "post

office" and "authorized" are omitted as unnecessary. The words

"legal process" are substituted for "local process" for consistency

in the revised title.

-End-

-CITE-

36 USC Sec. 170110 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 1701 - PARALYZED VETERANS OF AMERICA

-HEAD-

Sec. 170110. Liability for acts of officers and agents

-STATUTE-

The corporation is liable for the acts of its officers and agents

acting within the scope of their authority.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1442.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

170110 36:1165. Aug. 11, 1971, Pub. L.

92-93, Sec. 15, 85 Stat. 319.

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

-End-

-CITE-

36 USC Sec. 170111 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 1701 - PARALYZED VETERANS OF AMERICA

-HEAD-

Sec. 170111. Distribution of assets on dissolution or final

liquidation

-STATUTE-

On dissolution or final liquidation of the corporation, any

assets remaining after the discharge or satisfactory provision for

discharge of all liabilities shall be transferred to the Secretary

of Veterans Affairs to be applied to the care and comfort of

paralyzed veterans.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1442.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

170111 36:1159. Aug. 11, 1971, Pub. L.

92-93, Sec. 9, 85 Stat. 318;

June 13, 1991, Pub. L.

102-54, Sec. 13(n)(5), 105

Stat. 278.

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

The words "dissolution or final liquidation" are substituted for

"final dissolution or liquidation" for consistency in the revised

title. The words "Secretary of Veterans Affairs" are substituted

for "Department of Veterans Affairs" because under 38:303 the

Secretary is the head of the Department.

-End-