US (United States) Code. Title 36. Subtitle II. Part B. Chapter 231: Aviation Hall of Fame

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
  • 19 páginas
publicidad

-CITE-

36 USC CHAPTER 231 - AVIATION HALL OF FAME 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 231 - AVIATION HALL OF FAME

-HEAD-

CHAPTER 231 - AVIATION HALL OF FAME

-MISC1-

Sec.

23101. Organization.

23102. Purposes.

23103. Membership.

23104. Governing body.

23105. Powers.

23106. Restrictions.

23107. Principal office.

23108. Records and inspection.

23109. Statement required in audit report.

23110. Service of process.

23111. Liability for acts of officers and agents.

23112. Distribution of assets on dissolution or final

liquidation.

-End-

-CITE-

36 USC Sec. 23101 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 231 - AVIATION HALL OF FAME

-HEAD-

Sec. 23101. Organization

-STATUTE-

(a) Federal Charter. - Aviation Hall of Fame (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. 1311.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

23101 36:4301. July 14, 1964, Pub. L.

88-372, Secs. 1, 2, 4(1), 78

Stat. 314, 315.

36:4302.

36:4304(1).

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

This section is substituted for the source provisions for

consistency in the revised title and to eliminate executed and

unnecessary words.

The text of 36:4302 is omitted as executed and obsolete.

-End-

-CITE-

36 USC Sec. 23102 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 231 - AVIATION HALL OF FAME

-HEAD-

Sec. 23102. Purposes

-STATUTE-

The purposes of the corporation are -

(1) to receive and maintain one or more funds and to use any

part of the principal and income only for charitable, scientific,

literary, or educational purposes, either directly or by

contributing to organizations authorized to carry on similar

activities;

(2) to honor citizens, aviation leaders, pilots, teachers,

scientists, engineers, inventors, governmental leaders, and other

individuals who have helped to make this Nation great by their

outstanding contributions to the establishment, development,

advancement, or improvement of aviation in the United States;

(3) to perpetuate the memory of those individuals and record

their contributions and achievements by the erection and

maintenance of buildings and monuments as may be appropriate as a

lasting memorial;

(4) to promote a better sense of appreciation of the origins

and growth of aviation, especially in the United States, and the

part aviation has played in changing the economic, social, and

scientific aspects of our Nation;

(5) to establish and maintain a library and museum for the

collection and preservation for posterity of the history of those

honored by the organization, together with a documentation of

their accomplishments and contributions to aviation, including

items such as aviation pictures, paintings, books, papers,

documents, scientific data, relics, mementos, artifacts, and

other items related to that history;

(6) to cooperate with other recognized aviation organizations

actively engaged and interested in similar projects; and

(7) to engage in any other activities appropriate to carry out

the purposes of the corporation.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1311.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

23102 36:4303(1) (1st July 14, 1964, Pub. L.

sentence words 88-372, Sec. 3(1) (1st

before 8th comma, sentence words before 8th

last sentence), comma, last sentence),

(2)-(7). (2)-(7), 78 Stat. 314, 315.

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

In clause (1), the words "and apply the whole or" and "therefrom"

are omitted as unnecessary. The text of 36:4303(1) (last sentence)

is omitted as unnecessary.

In clause (3), the words "those individuals" are substituted for

"such persons" for clarity. The word "edifices" is omitted as

included in "buildings". The word "deemed" is omitted as

unnecessary.

In clause (4), the words "foster" and "encourage" are omitted as

unnecessary.

In clause (7), the words "any other activities appropriate to

carry out the purposes of the corporation" are substituted for "any

and all activities incidental thereto or necessary, suitable, or

proper for the accomplishment of any of the aforementioned

purposes" to eliminate unnecessary words.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 23106 of this title.

-End-

-CITE-

36 USC Sec. 23103 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 231 - AVIATION HALL OF FAME

-HEAD-

Sec. 23103. Membership

-STATUTE-

(a) Eligibility. - Except as provided in this chapter,

eligibility for membership in the corporation and the rights,

privileges, and designation of classes of members are as provided

in the bylaws.

(b) Voting. - Each member given voting rights by the bylaws has

one vote on each matter submitted to a vote at a meeting of the

voting members. The vote may be cast in the manner provided in the

bylaws.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1312.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

23103(a) 36:4306(a). July 14, 1964, Pub. L.

88-372, Sec. 6, 78 Stat. 316.

23103(b) 36:4306(b).

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

In subsection (a), the words "are as provided in the bylaws" are

substituted for "shall . . . be determined as the bylaws of the

corporation may provide" for consistency in the revised title.

-End-

-CITE-

36 USC Sec. 23104 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 231 - AVIATION HALL OF FAME

-HEAD-

Sec. 23104. Governing body

-STATUTE-

(a) Board of Trustees. - (1) The board of trustees is the

governing body of the corporation. Between meetings of the members

of the corporation, the board is responsible for the general

policies and program of the corporation and for the control of all

funds of the corporation.

(2) The number of trustees, their manner of selection (including

the filling of vacancies), and their term of office are as provided

in the bylaws. However, the board shall have at least 18 members.

(3) The board may appoint committees. Each committee has the

powers provided in the bylaws or by resolution of the board. The

powers of a committee may include all the powers of the board.

(b) Officers. - (1) The officers of the corporation are a

president, one or more vice presidents as provided in the bylaws, a

secretary, a treasurer, and other officers as provided in the

bylaws.

(2) The manner of election, term of office, and duties of the

officers are as provided in the bylaws.

(c)(1) Board of Nominations. - The board of trustees shall

appoint a board of nominations, consisting of at least 24 members,

from members of the corporation not concurrently serving as members

of the board of trustees. Those individuals serve for the term

provided in the bylaws.

(2) The board of nominations shall nominate United States

citizens or residents to be honored by the corporation and

recommend those persons to the board of trustees for consideration

as provided in the bylaws.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1312.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

23104(a) 36:4307(a)-(c) (1st July 14, 1964, Pub. L.

sentence, last 88-372, Secs. 7-9, 78 Stat.

sentence words 316.

after semicolon).

23104(b) 36:4308.

23104(c) 36:4307(c) (last

sentence words

before semicolon).

36:4309.

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

In subsection (a)(1), the text of 36:4307(a) is omitted as

obsolete.

In subsection (a)(3), the words "and exercise" are omitted as

unnecessary.

In subsection (c)(1), the words "from members of the corporation"

are substituted for "from the membership of the corporation" in

36:4307(c) and "those persons named in section 4301 of this title,

their survivors and such additional persons, if any, as shall be

named by them" in 36:4309(a) for clarity and to eliminate executed

and unnecessary words.

In subsection (c)(2), the words "shall nominate" are substituted

for "shall be the designated body of the corporation to nominate"

in 36:4309(b) for clarity and to eliminate unnecessary words.

-End-

-CITE-

36 USC Sec. 23105 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 231 - AVIATION HALL OF FAME

-HEAD-

Sec. 23105. Powers

-STATUTE-

The corporation may -

(1) adopt and amend bylaws for the management of its property

and the regulation of its affairs;

(2) adopt and alter a corporate seal;

(3) choose officers, trustees, managers, agents, and employees

as the activities of the corporation require;

(4) make contracts;

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

necessary or convenient to carry out the purposes of the

corporation;

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

its obligations by granting security interests in its property;

and

(7) sue and be sued.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1312.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

23105 36:4304(2)-(9). July 14, 1964, Pub. L.

88-372, Secs. 4(2)-(9), 17,

78 Stat. 315, 318.

36:4317.

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

In this section, the text of 36:4317 is omitted as executed and

obsolete.

In clause (1), the words "and alter" and "not inconsistent with

the laws of the United States or any State in which the corporation

is to operate" are omitted as unnecessary.

In clause (2), the word "use" is omitted as unnecessary.

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

"business" for consistency in the revised title.

In clause (4), the words "make contracts" are substituted for

"contract and be contracted with" to eliminate unnecessary words.

Clause (5) is substituted for "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" and "transfer, convey, lease, sublease, encumber, and

otherwise alienate real, personal, or mixed property" for

consistency in the revised title and to eliminate unnecessary

words. The words "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" are omitted

as unnecessary.

In clause (6), the words "instruments of indebtedness" are

substituted for "bonds" for consistency in the revised title. 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. The words "for the purposes of

the corporation" and "subject in every case to all applicable

provisions of Federal and State laws" are omitted as unnecessary.

In clause (7), the words "complain and defend in any court of

competent jurisdiction" are omitted as unnecessary and for

consistency in the revised title.

-End-

-CITE-

36 USC Sec. 23106 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 231 - AVIATION HALL OF FAME

-HEAD-

Sec. 23106. Restrictions

-STATUTE-

(a) Stock and Dividends. - The corporation may not issue stock or

declare or pay a dividend.

(b) Political Activities. - The corporation or a trustee,

officer, employee, member of the board of nominations, or member of

the corporation as such may not contribute to, support, or assist a

political party or candidate for public office.

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

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

to, a trustee, officer, member of the board of nominations, or

member of the corporation, as such, 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 in an amount approved by the board of

trustees.

(d) Loans. - The corporation may not make a loan or advance to a

trustee, officer, employee, member of the board of nominations, or

member of the corporation. Trustees who vote for or assent to

making such a loan or advance, and officers who participate in

making the loan or advance, are jointly and severally liable to the

corporation for the amount of the loan or advance until it is

repaid.

(e) Contributions to Certain Organizations. - None of the

principal or interest of a fund referred to in section 23102(1) of

this title may be contributed to an organization if -

(1) a substantial part of its activities is carrying on

propaganda or attempting to influence legislation; or

(2) any part of its net earnings benefits a private shareholder

or individual.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1313.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

23106(a) 36:4313. July 14, 1964, Pub. L.

88-372, Secs. 3(1) (1st

sentence words after 8th

comma), 10, 11, 13, 78 Stat.

314, 317.

23106(b) 36:4311.

23106(c) 36:4310(a).

23106(d) 36:4310(b).

23106(e) 36:4303(1) (1st

sentence words

after 8th comma).

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

In subsection (a), the words "any shares of" are omitted as

unnecessary.

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

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

In subsection (d), the words "or advance" are added in 2 places

for consistency in the subsection.

-End-

-CITE-

36 USC Sec. 23107 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 231 - AVIATION HALL OF FAME

-HEAD-

Sec. 23107. Principal office

-STATUTE-

The principal office of the corporation shall be in Dayton, Ohio,

or another place decided by the board of trustees. However, the

activities of the corporation are not confined to the place where

the principal office is located but may be conducted throughout the

States, territories, and possessions of the United States.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1313.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

23107 36:4305(a). July 14, 1964, Pub. L.

88-372, Sec. 5(a), 78 Stat.

316.

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

The word "various" is omitted as unnecessary. The words "the

Commonwealth of Puerto Rico" are omitted as included in

"territories, and possessions of the United States".

-End-

-CITE-

36 USC Sec. 23108 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 231 - AVIATION HALL OF FAME

-HEAD-

Sec. 23108. 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, board of

trustees, board of nominations, and committees having any of the

authority of its board of trustees; 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. 1313.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

23108 36:4314. July 14, 1964, Pub. L.

88-372, Sec. 14, 78 Stat.

317.

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

The word "records" is substituted for "books and records" for

consistency in the revised title and with other titles of the

United States Code.

-End-

-CITE-

36 USC Sec. 23109 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 231 - AVIATION HALL OF FAME

-HEAD-

Sec. 23109. Statement required in audit report

-STATUTE-

The corporation shall include in the audit report statement

required under section 10101(b)(1)(B) of this title a schedule of

all contracts requiring payments greater than $10,000 and all

payments of compensation or fees at a rate greater than $10,000 a

year.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1314.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

23109 36:4315(b) (2d July 14, 1964, Pub. L.

sentence cl. (2)). 88-372, Sec. 15(b) (2d

sentence cl. (2)), 78 Stat.

318.

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

The word "salaries" is omitted as unnecessary.

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 197 of House Document No. 103-7.

-End-

-CITE-

36 USC Sec. 23110 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 231 - AVIATION HALL OF FAME

-HEAD-

Sec. 23110. Service of process

-STATUTE-

The corporation shall have a designated agent in the District of

Columbia to receive service of process for the corporation. Notice

to or service on the agent is notice to or service on the

corporation.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1314.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

23110 36:4305(b). July 14, 1964, Pub. L.

88-372, Sec. 5(b), 78 Stat.

316.

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

The words "at all times" and "authorized" are omitted as

unnecessary.

-End-

-CITE-

36 USC Sec. 23111 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 231 - AVIATION HALL OF FAME

-HEAD-

Sec. 23111. 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. 1314.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

23111 36:4312. July 14, 1964, Pub. L.

88-372, Sec. 12, 78 Stat.

317.

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

-End-

-CITE-

36 USC Sec. 23112 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 231 - AVIATION HALL OF FAME

-HEAD-

Sec. 23112. Distribution of assets on dissolution or final

liquidation

-STATUTE-

On dissolution or final liquidation of the corporation, any

assets remaining after the discharge of all liabilities shall be

distributed as provided by the board of trustees, but consistent

with the purposes of the corporation and in compliance with the

charter and bylaws.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1314.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

23112 36:4316. July 14, 1964, Pub. L.

88-372, Sec. 16, 78 Stat.

318.

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

The word "satisfaction" is omitted as included in "discharge",

and the word "obligations" is omitted as included in "liabilities".

The words "outstanding" and "all Federal and State laws applicable

thereto" are omitted as unnecessary.

-End-