Legislación


US (United States) Code. Title 36. Subtitle II. Chapter 2303: Veterans of Worl Ward I of the USA (United States of America), Incorporated


-CITE-

36 USC CHAPTER 2303 - VETERANS OF WORLD WAR I OF THE

UNITED STATES OF AMERICA, INCORPORATED 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 2303 - VETERANS OF WORLD WAR I OF THE UNITED STATES OF

AMERICA, INCORPORATED

-HEAD-

CHAPTER 2303 - VETERANS OF WORLD WAR I OF THE UNITED STATES OF

AMERICA, INCORPORATED

-MISC1-

Sec.

230301. Organization.

230302. Purposes.

230303. Membership.

230304. Governing body.

230305. Powers.

230306. Exclusive right to name, seals, emblems, and badges.

230307. Restrictions.

230308. Principal office.

230309. Records and inspection.

230310. Service of process.

230311. Liability for acts of officers and agents.

230312. Annual report.

230313. Termination of existence and distribution of assets.

-End-

-CITE-

36 USC Sec. 230301 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 2303 - VETERANS OF WORLD WAR I OF THE UNITED STATES OF

AMERICA, INCORPORATED

-HEAD-

Sec. 230301. Organization

-STATUTE-

(a) Federal Charter. - Veterans of World War I of the United

States of America, Incorporated (in this chapter, the

"corporation"), is a federally chartered corporation.

(b) Place of Incorporation and Domicile. - The corporation is

declared to be incorporated and domiciled 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. 1482.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

Section

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

230301 36:761. July 18, 1958, Pub. L.

85-530, Secs. 1, 2, 4(1), 72

Stat. 370, 371.

36:762.

36:764(1).

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

This section is substituted for the source provisions for

consistency in the revised title and to eliminate unnecessary and

executed words.

-End-

-CITE-

36 USC Sec. 230302 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 2303 - VETERANS OF WORLD WAR I OF THE UNITED STATES OF

AMERICA, INCORPORATED

-HEAD-

Sec. 230302. Purposes

-STATUTE-

The purposes of the corporation are patriotic, fraternal,

historical, and educational, in the service and for the benefit of

veterans of World War I, and are -

(1) to provide for the veterans of World War I an organization

for their mutual benefit, pleasure, and amusement which will

afford them opportunities and means for personal contact with

each other to keep alive friendships and memories of World War I

and to venerate the memory of their honored dead;

(2) to cooperate to the fullest extent and in a harmonious

manner with all veterans' organizations so that the best

interests of all veterans of all wars in which the United States

has participated, and the widows and orphans of deceased veterans

of those wars, may best be served;

(3) to stimulate communities and political subdivisions into

taking more interest in veterans of World War I, the widows and

orphans of those deceased veterans, and the problems of those

veterans and their widows and orphans;

(4) to collate, preserve, and encourage the study of historical

episodes, chronicles, mementos, and events pertaining to World

War I;

(5) to fight vigorously to uphold the Constitution and laws of

the United States as well as the individual States of the Union

and to foster the spirit and practice of true Americanism;

(6) to fight unceasingly for our national security to protect

Americans from enemies within our borders, as well as those from

without, so that our American way of life is preserved;

(7) to fight to the utmost all those alien forces, particularly

forces such as communism, whose objectives are to deny our very

existence as a free people; and

(8) to 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. 1482.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

Section

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

230302 36:763. July 18, 1958, Pub. L.

85-530, Sec. 3, 72 Stat. 371.

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

-End-

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36 USC Sec. 230303 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 2303 - VETERANS OF WORLD WAR I OF THE UNITED STATES OF

AMERICA, INCORPORATED

-HEAD-

Sec. 230303. Membership

-STATUTE-

(a) Eligibility. - Eligibility for membership in the corporation

and the rights, privileges, and designation of classes of members

are as provided in the constitution and bylaws of the corporation.

However, an individual who did not serve honorably in the Armed

Forces of the United States during the period beginning April 6,

1917, and ending November 11, 1918, is not eligible for all classes

of membership.

(b) Voting. - Each member of the corporation (except an associate

or honorary member) has one vote on each matter submitted to a vote

at a meeting of the members of the corporation except the national

convention.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1483.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

230303(a) 36:765. July 18, 1958, Pub. L.

85-530, Secs. 5, 6(b), 72

Stat. 372.

230303(b) 36:766(b).

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

In subsection (a), the words "is not eligible for all classes of

membership" are substituted for "in no case shall eligibility for

all classes of membership include" to eliminate unnecessary words.

-End-

-CITE-

36 USC Sec. 230304 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 2303 - VETERANS OF WORLD WAR I OF THE UNITED STATES OF

AMERICA, INCORPORATED

-HEAD-

Sec. 230304. Governing body

-STATUTE-

(a) National Convention. - (1) The national convention is the

supreme governing authority of the corporation.

(2) The national convention is composed of officers and elected

representatives from the States and other local subdivisions of the

corporation as provided in the constitution and bylaws of the

corporation. However, the form of government of the corporation

must be representative of the membership at large and may not

permit concentration of control in a limited number of members or

in a self-perpetuating group not representative of the membership

at large. Each elected representative is entitled to one vote at

the national convention.

(3) The meetings of the national convention may be held in the

District of Columbia or in any State, territory, or possession of

the United States.

(b) Board of Administration. - (1) During the intervals between

the national convention, the board of administration is the

governing board of the corporation and is responsible for the

general policies, program, and activities of the corporation.

(2) The board shall consist of at least 7 members elected in the

manner and for the term provided in the constitution and bylaws.

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

national commander, a national senior vice commander, a national

junior vice commander, a national quartermaster, a national

adjutant, a national judge advocate, 9 regional vice commanders,

and other officers as provided in the constitution and bylaws. One

individual may hold the offices of national quartermaster and

national adjutant.

(2) The titles, manner of selection, term of office, and duties

of the officers are as provided in the constitution and bylaws.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1483.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

Section

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

230304(a) 36:766(a). July 18, 1958, Pub. L.

85-530, Secs. 6(a), 7, 8, 72

Stat. 372.

230304(b)( 36:767(a).

1)

230304(b)( 36:767(b), (c).

2)

230304(c) 36:768.

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In subsection (a)(2), the words "always" and "the hands of" are

omitted as unnecessary.

In subsection (a)(3), the words "State, territory, or possession

of the United States" are substituted for "State or Territory" for

consistency in the revised title and with other titles of the

United States Code.

In subsection (b)(2), the text of 36:767(b) is omitted as

executed and obsolete.

-End-

-CITE-

36 USC Sec. 230305 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 2303 - VETERANS OF WORLD WAR I OF THE UNITED STATES OF

AMERICA, INCORPORATED

-HEAD-

Sec. 230305. Powers

-STATUTE-

The corporation may -

(1) adopt and amend a constitution and bylaws for the

management of its property and the regulation of its affairs;

(2) adopt and alter a corporate seal;

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

(7) sue and be sued; and

(8) 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. 1484.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

Section

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

230305 36:764(2)-(10). July 18, 1958, Pub. L.

85-530, Secs. 4(2)-(10), 18,

72 Stat. 371, 375.

36:778.

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

In this section, the text of 36:778 is omitted as executed and

obsolete.

In clause (1), the word "alter" is omitted as included in

"amend". The words "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 (4), the words "make contracts" are substituted for

"contract and be contracted with" for consistency in the revised

title and to eliminate unnecessary words.

Clause (5) is substituted for "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" 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 "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, deed of trust, pledge,

or otherwise" for consistency in the revised title and to eliminate

unnecessary words. The words "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.

In clause (8), 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 word "objects" is omitted as

included in "purposes".

-End-

-CITE-

36 USC Sec. 230306 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 2303 - VETERANS OF WORLD WAR I OF THE UNITED STATES OF

AMERICA, INCORPORATED

-HEAD-

Sec. 230306. Exclusive right to name, seals, emblems, and badges

-STATUTE-

The corporation and its subordinate divisions have the exclusive

right to use the name "Veterans of World War I of the United States

of America, Incorporated". The corporation has the exclusive right

to use, and to allow others to use, seals, emblems, and badges the

corporation adopts.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1484.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

230306 36:777. July 18, 1958, Pub. L.

85-530, Sec. 17, 72 Stat.

374.

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

The words "sole", "or refuse", and "and such emblems, seals, and

badges as have heretofore been used by the Ohio corporation

described in section 778 of this title" are omitted as unnecessary.

The words "and the right to which may be lawfully transferred to

the corporation" are omitted as executed.

-End-

-CITE-

36 USC Sec. 230307 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 2303 - VETERANS OF WORLD WAR I OF THE UNITED STATES OF

AMERICA, INCORPORATED

-HEAD-

Sec. 230307. Restrictions

-STATUTE-

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

or declare or pay a dividend.

(b) Political Activities. - The corporation or an officer or

agent 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, an officer or member during the life of the corporation or on

its dissolution or final liquidation. This subsection does not

prevent the payment of compensation to an officer or reimbursement

for actual necessary expenses in amounts approved by the board of

administration of the corporation.

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

officer or employee. Members of the board of administration who

vote for or assent to making a loan or advance to an officer or

employee, 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.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1484.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

230307(a) 36:773. July 18, 1958, Pub. L.

85-530, Secs. 10, 11, 13, 72

Stat. 373, 374.

230307(b) 36:771.

230307(c) 36:770(a).

230307(d) 36:770(b).

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

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.

The words "This subsection does not" are substituted for "Nothing

in this subsection, however, shall be construed to" for consistency

in the revised title and to eliminate unnecessary words.

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

for consistency in the subsection.

-End-

-CITE-

36 USC Sec. 230308 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 2303 - VETERANS OF WORLD WAR I OF THE UNITED STATES OF

AMERICA, INCORPORATED

-HEAD-

Sec. 230308. Principal office

-STATUTE-

The principal office of the corporation shall be in the District

of Columbia or another place decided by the board of

administration. However, the activities of the corporation are not

confined to the place where the principal office is located but may

be conducted in the District of Columbia and throughout the States,

territories, and possessions of the United States.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1485.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

230308 36:769(a). July 18, 1958, Pub. L.

85-530, Sec. 9(a), 72 Stat.

373.

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

The word "various" is omitted as unnecessary.

-End-

-CITE-

36 USC Sec. 230309 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 2303 - VETERANS OF WORLD WAR I OF THE UNITED STATES OF

AMERICA, INCORPORATED

-HEAD-

Sec. 230309. Records and inspection

-STATUTE-

(a) Records. - The corporation shall keep -

(1) correct and complete records of account; and

(2) minutes of the proceedings of its national convention and

board of administration.

(b) Inspection. - A member, 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. 1485.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

230309 36:774. July 18, 1958, Pub. L.

85-530, Sec. 14, 72 Stat.

374.

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

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.

-End-

-CITE-

36 USC Sec. 230310 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 2303 - VETERANS OF WORLD WAR I OF THE UNITED STATES OF

AMERICA, INCORPORATED

-HEAD-

Sec. 230310. 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, or mailed to the business address of

the agent, is notice to or service on the corporation.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1485.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

230310 36:769(b). July 18, 1958, Pub. L.

85-530, Sec. 9(b), 72 Stat.

373.

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

The words "at all times" are omitted as unnecessary. The words

"to receive" are substituted for "authorized to accept", and the

word "is" is substituted for "will be deemed", for consistency in

the revised title.

-End-

-CITE-

36 USC Sec. 230311 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 2303 - VETERANS OF WORLD WAR I OF THE UNITED STATES OF

AMERICA, INCORPORATED

-HEAD-

Sec. 230311. 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. 1485.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

230311 36:772. July 18, 1958, Pub. L.

85-530, Sec. 12, 72 Stat.

374.

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

-End-

-CITE-

36 USC Sec. 230312 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 2303 - VETERANS OF WORLD WAR I OF THE UNITED STATES OF

AMERICA, INCORPORATED

-HEAD-

Sec. 230312. Annual report

-STATUTE-

Not later than March 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 consist of a report on the

proceedings of the national convention.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1485.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

230312 36:776. July 18, 1958, Pub. L.

85-530, Sec. 16, 72 Stat.

374; Aug. 27, 1963, Pub. L.

88-105, Sec. 2, 77 Stat. 130.

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

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-

-CITE-

36 USC Sec. 230313 01/06/03

-EXPCITE-

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 2303 - VETERANS OF WORLD WAR I OF THE UNITED STATES OF

AMERICA, INCORPORATED

-HEAD-

Sec. 230313. Termination of existence and distribution of assets

-STATUTE-

(a) Authority To Make Contingent Provisions. - The national

convention, by resolution, may declare that the corporate existence

will terminate on the occurrence of a specified event and provide

for the disposition of any property remaining after the discharge

of all liabilities.

(b) Procedure for Carrying Out Contingent Provisions. - (1) An

authenticated copy of the national convention's resolution must be

filed in the office of the United States District Court for the

District of Columbia.

(2) The court shall take jurisdiction when -

(A) the declared event has occurred; and

(B) a petition is filed with the court reciting the relevant

facts.

(3) On proof of the facts, the court shall enter an order vesting

title and ownership in accordance with the resolution of the

national convention.

-SOURCE-

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1485.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

230313 36:779. July 18, 1958, Pub. L.

85-530, Sec. 19, 72 Stat.

375.

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

In subsection (a), the words "declare that the corporate

existence will terminate on the occurrence of a specified event"

are substituted for "declare the event upon which the corporate

existence of the organization is to terminate" for clarity. The

word "satisfaction" is omitted as included in "discharge", and the

word "obligations" is omitted as included in "liabilities". The

word "outstanding" is omitted as unnecessary.

In subsection (b)(1), the word "duly" is omitted as unnecessary.

The word "must" is substituted for "shall" for clarity because the

filing is only required if the national convention decides to

exercise its discretionary authority under subsection (a).

In subsection (b)(2)(B), the word "relevant" is substituted for

"said" for clarity.

In subsection (b)(3), the word "due" is omitted as unnecessary.

The word "order" is substituted for "decree" for consistency in the

revised title and with other titles of the United States Code. The

word "vesting" is substituted for "which shall be effective to

vest" to eliminate unnecessary words.

-End-




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