US (United States) Code. Title 36. Subtitle II. Part B. Chapter 2301: Veterans of Foreing Wars of the US (United States)

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

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-CITE-

36 USC CHAPTER 2301 - VETERANS OF FOREIGN WARS 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 2301 - VETERANS OF FOREIGN WARS OF THE UNITED STATES

-HEAD-

CHAPTER 2301 - VETERANS OF FOREIGN WARS OF THE UNITED STATES

-MISC1-

Sec.

230101. Organization.

230102. Purposes.

230103. Membership.

230104. Powers.

230105. Exclusive right to name, seal, emblems, and badges.

230106. Service of process.

230107. Annual report.

-End-

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36 USC Sec. 230101 01/06/03

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TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 2301 - VETERANS OF FOREIGN WARS OF THE UNITED STATES

-HEAD-

Sec. 230101. Organization

-STATUTE-

(a) Federal Charter. - Veterans of Foreign Wars of the United

States (in this chapter, the "corporation"), a national association

of men who as soldiers, sailors, marines, and airmen served this

Nation in wars, campaigns, and expeditions on foreign soil or in

hostile waters, is a federally chartered corporation.

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

corporation has perpetual existence.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1481.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

Section

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230101(a) 36:111. May 28, 1936, ch. 471, Sec.

1, 49 Stat. 1390; May 29,

1953, ch. 85, Sec. 1, 67

Stat. 40.

36:112. May 28, 1936, ch. 471, Secs.

2, 4 (words before 4th

semicolon related to

perpetual succession), 49

Stat. 1390, 1391.

230101(b) 36:114 (words

before 4th

semicolon related

to perpetual

succession).

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Subsection (a) is substituted for the source provisions for

consistency in the revised title and to eliminate unnecessary and

executed words.

In subsection (b), the words "perpetual existence" are

substituted for "perpetual succession" for consistency in the

revised title.

-End-

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36 USC Sec. 230102 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 2301 - VETERANS OF FOREIGN WARS OF THE UNITED STATES

-HEAD-

Sec. 230102. Purposes

-STATUTE-

The purposes of the corporation are fraternal, patriotic,

historical, charitable, and educational, and are -

(1) to preserve and strengthen comradeship among its members;

(2) to assist worthy comrades;

(3) to perpetuate the memory and history of our dead, and to

assist their widows and orphans;

(4) to maintain true allegiance to the Government of the United

States, and fidelity to its Constitution and laws;

(5) to foster true patriotism;

(6) to maintain and extend the institutions of American

freedom; and

(7) to preserve and defend the United States from all enemies.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1481; Pub. L. 107-242,

Sec. 2, Oct. 16, 2002, 116 Stat. 1497.)

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HISTORICAL AND REVISION NOTES

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

Section

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230102 36:113. May 28, 1936, ch. 471, Sec.

3, 49 Stat. 1391.

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AMENDMENTS

2002 - Pub. L. 107-242 inserted "charitable," before "and

educational," in introductory provisions.

-End-

-CITE-

36 USC Sec. 230103 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 2301 - VETERANS OF FOREIGN WARS OF THE UNITED STATES

-HEAD-

Sec. 230103. Membership

-STATUTE-

An individual is eligible for membership in the corporation only

if the individual served honorably as a member of the Armed Forces

of the United States -

(1) in a foreign war, insurrection, or expedition in service

that -

(A) has been recognized as campaign-medal service; and

(B) is governed by the authorization of the award of a

campaign badge by the United States Government;

(2) on the Korean peninsula or in its territorial waters for at

least 30 consecutive days, or a total of 60 days, after June 30,

1949; or

(3) in an area which entitled the individual to receive special

pay for duty subject to hostile fire or imminent danger under

section 310 of title 37.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1481; Pub. L. 107-242,

Sec. 1(a), Oct. 16, 2002, 116 Stat. 1497.)

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HISTORICAL AND REVISION NOTES

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

Section

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230103 36:115. May 28, 1936, ch. 471, Sec.

5, 49 Stat. 1391; May 29,

1953, ch. 85, Sec. 2, 67

Stat. 40; Mar. 7, 1995, Pub.

L. 104-3, 109 Stat. 47.

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The words "is eligible for membership . . . only if" are

substituted for "may not be a member . . . unless" for consistency

in the revised title. The words "served honorably as a member of

the armed forces of the United States" are substituted for "served

honorably as a member of the Armed Forces of the United States" and

"while a member of the Armed Forces of the United States, served

honorably" to eliminate unnecessary words. In clause (2), the words

"at least" are substituted for "not less than" for consistency in

the revised title.

AMENDMENTS

2002 - Par. (3). Pub. L. 107-242 added par. (3).

-End-

-CITE-

36 USC Sec. 230104 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 2301 - VETERANS OF FOREIGN WARS OF THE UNITED STATES

-HEAD-

Sec. 230104. Powers

-STATUTE-

The corporation may -

(1) adopt and amend a constitution, bylaws, and regulations to

carry out the purposes of the corporation;

(2) adopt and alter a corporate seal;

(3) establish and maintain offices to conduct its activities;

(4) make contracts;

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

necessary and appropriate to carry out the purposes of the

corporation;

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

territorial subdivisions and local chapters or posts;

(7) publish a magazine and other publications;

(8) sue and be sued; and

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

purposes of the corporation.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1481.)

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HISTORICAL AND REVISION NOTES

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

Section

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230104 36:114 (words May 28, 1936, ch. 471, Sec.

before 4th 4 (words before 4th

semicolon less semicolon less perpetual

perpetual succession, words after 5th

succession, words semicolon), 6, 49 Stat. 1391.

after 5th

semicolon).

36:116.

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In this section, the text of 36:116 is omitted as executed and

obsolete.

In clause (1), the words "apply, and administer" are omitted as

unnecessary and for consistency in the revised title. The words

"not inconsistent with the laws of the United States or of any

State" are omitted as unnecessary.

In clause (2), the words "at pleasure" are omitted for

consistency in the revised title.

In clause (3), the word "activities" is substituted for

"business" for consistency in the revised title.

Clauses (4) and (5) are substituted for "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" for consistency in the

revised title and to eliminate unnecessary words.

In clause (8), the words "in courts of law and equity" are

omitted as unnecessary.

In clause (9), the words "do any other act" are substituted for

"generally to do any and all such acts and things" for consistency

in the revised title and to eliminate unnecessary words.

-End-

-CITE-

36 USC Sec. 230105 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 2301 - VETERANS OF FOREIGN WARS OF THE UNITED STATES

-HEAD-

Sec. 230105. Exclusive right to name, seal, emblems, and badges

-STATUTE-

The corporation has the exclusive right to use the name "Veterans

of Foreign Wars of the United States" and its corporate seal and to

manufacture and use emblems and badges the corporation adopts.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1482.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

Section

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230105 36:114 (words May 28, 1936, ch. 471, Secs.

between 4th and 5th 4 (words between 4th and 5th

semicolons). semicolons), 7, 49 Stat.

1391.

36:117.

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

purposes" in 36:117 are omitted as unnecessary. The words "as may

be deemed necessary in the fulfillment of the purposes of the

corporation" are omitted as unnecessary.

-End-

-CITE-

36 USC Sec. 230106 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 2301 - VETERANS OF FOREIGN WARS OF THE UNITED STATES

-HEAD-

Sec. 230106. 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, the name and

address of an agent in that State on whom legal process or demands

against the corporation may be served.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1482.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

Section

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230106 36:119. May 28, 1936, ch. 471, Sec.

9, 49 Stat. 1391.

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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 of State" for consistency in the revised title. The words

"post-office" and "authorized" are omitted as unnecessary.

-End-

-CITE-

36 USC Sec. 230107 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 2301 - VETERANS OF FOREIGN WARS OF THE UNITED STATES

-HEAD-

Sec. 230107. Annual report

-STATUTE-

Not later than January 1 of each year, the corporation shall

submit a report to Congress on the activities of the corporation

during the prior fiscal year. The report may not be printed as a

public document.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1482.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

Section

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230107 36:118. May 28, 1936, ch. 471, Sec.

8, 49 Stat. 1391; Aug. 30,

1964, Pub. L. 88-504, Sec.

4(10), 78 Stat. 637.

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The word "submit" is substituted for "make and transmit" for

consistency in the revised title.

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of reporting provisions

in this section, see section 3003 of Pub. L. 104-66, as amended,

set out as a note under section 1113 of Title 31, Money and

Finance, and page 207 of House Document No. 103-7.

-End-