36 USC Ch. 2305: VIETNAM VETERANS OF AMERICA, INC.
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36 USC Ch. 2305: VIETNAM VETERANS OF AMERICA, INC.
From Title 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONSSubtitle II—Patriotic and National OrganizationsPart B—Organizations

CHAPTER 2305—VIETNAM VETERANS OF AMERICA, INC.

Sec.
230501.
Definition.
230502.
Organization.
230503.
Purposes.
230504.
Membership.
230505.
Governing body.
230506.
Powers.
230507.
Exclusive right to name, seals, emblems, and badges.
230508.
Restrictions.
230509.
Duty to maintain tax-exempt status.
230510.
Records and inspection.
230511.
Service of process.
230512.
Liability for acts of officers and agents.
230513.
Annual report.

        

§230501. Definition

For purposes of this chapter, "State" includes the District of Columbia and the territories and possessions of the United States.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1486.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
230501 36:3814. May 23, 1986, Pub. L. 99–318, §15, 100 Stat. 476.

The words "the Commonwealth of Puerto Rico" are omitted as included in "the territories and possessions of the United States".

§230502. Organization

(a) Federal Charter.—Vietnam Veterans of America, Inc. (in this chapter, the "corporation"), a nonprofit corporation incorporated in New York, is a federally chartered corporation.

(b) Expiration of Charter.—If the corporation does not comply with any provision of this chapter, the charter granted by this chapter expires.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1486.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
230502(a) 36:3801. May 23, 1986, Pub. L. 99–318, §§1, 18, 100 Stat. 474, 477.
230502(b) 36:3817.  

In subsection (a), the words "incorporated in New York" are substituted for "organized under the laws of the State of New York", and the words "is a federally chartered corporation" are substituted for "is hereby recognized as such and is granted a charter", for consistency in the revised title.

In subsection (b), the word "restrictions" is omitted as included in "any provision of this chapter".

§230503. Purposes

The purposes of the corporation are as provided in its articles of incorporation, constitution, and bylaws and include a commitment—

(1) to uphold and defend the Constitution of the United States;

(2) to foster improvement of the condition of Vietnam-era veterans;

(3) to promote the social welfare (including educational, economic, social, physical, and cultural improvement) of Vietnam-era veterans and other veterans in the United States by encouraging their growth, development, readjustment, self-respect, self-confidence, and usefulness;

(4) to improve conditions for Vietnam-era veterans and develop channels of communication to assist Vietnam-era veterans;

(5) to conduct and publish research, on a nonpartisan basis, pertaining to—

(A) the relationship between Vietnam-era veterans and American society;

(B) the Vietnam war experience;

(C) the role of the United States in securing peaceful coexistence for the world community; and

(D) other matters that affect the educational, economic, social, physical, or cultural welfare of Vietnam-era veterans, other veterans, and their families;


(6) to assist disabled Vietnam-era veterans and other veterans in need of assistance and the dependents and survivors of those veterans; and

(7) to consecrate the efforts of the members of the corporation, and Vietnam-era veterans generally, to mutual helpfulness and service to their country.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1486.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
230503 36:3803. May 23, 1986, Pub. L. 99–318, §3, 100 Stat. 474.

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

§230504. Membership

(a) Eligibility.—Except as provided in this chapter, eligibility for membership in the corporation and the rights and privileges of members are as provided in the constitution and bylaws of the corporation.

(b) Nondiscrimination.—The terms of membership may not discriminate on the basis of race, color, religion, sex, disability, age, or national origin.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1486.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
230504(a) 36:3805. May 23, 1986, Pub. L. 99–318, §§5, 8 (related to membership), 100 Stat. 475.
230504(b) 36:3808 (related to membership).  

In subsection (a), the words "Except as provided in this chapter" are substituted for "Except as provided in section 3808 of this title" for consistency in the revised title.

In subsection (b), the words "The terms of membership" are substituted for "In establishing the conditions of membership in the corporation" for consistency in the revised title and to eliminate unnecessary words.

§230505. Governing body

(a) Board of Directors.—The board of directors and the responsibilities of the board are as provided in the constitution and bylaws of the corporation.

(b) Officers.—The officers and the election of officers are as provided in the constitution and bylaws of the corporation.

(c) Nondiscrimination.—The requirements for serving as a director or officer may not discriminate on the basis of race, color, religion, sex, disability, age, or national origin.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1487.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
230505(a) 36:3806. May 23, 1986, Pub. L. 99–318, §§6, 7, 8 (related to directors and officers), 100 Stat. 475.
230505(b) 36:3807.  
230505(c) 36:3808 (related to directors and officers).  

In subsections (a) and (b), the words "Except as provided in section 3808 of this title" are omitted because the prohibition on discrimination is restated in this section. The words "and in conformity with the laws of the State in which it is incorporated" are omitted as unnecessary.

§230506. Powers

The corporation has only the powers provided in its articles of incorporation filed in the State of incorporation and in its constitution and bylaws.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1487.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
230506 36:3802. May 23, 1986, Pub. L. 99–318, §2, 100 Stat. 474.

The words "and subject to the laws of such State" are omitted as unnecessary.

§230507. Exclusive right to name, seals, emblems, and badges

The corporation has the exclusive right to use the names "The Vietnam Veterans of America, Inc.", "Vietnam Veterans of America, Inc.", and "Vietnam Veterans of America", and seals, emblems, and badges the corporation adopts. This section does not affect any vested rights.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1487.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
230507 36:3816. May 23, 1986, Pub. L. 99–318, §17, 100 Stat. 476.

The word "sole" is omitted as included in "exclusive". The words "the corporation adopts" are substituted for "as the corporation may lawfully adopt" for consistency in the revised title and to eliminate unnecessary words. The words "This section does not affect any" are substituted for "Nothing in this section shall be construed to interfere or conflict with" for consistency in the revised title. The words "established or" are omitted as included in "vested".

§230508. Restrictions

(a) Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend.

(b) 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, or member during the life of the charter granted by this chapter. This subsection does not prevent the payment of reasonable compensation to an officer or reimbursement for actual necessary expenses in amounts approved by the board of directors.

(c) Loans.—The corporation may not make a loan to a director, officer, or employee.

(d) Claim of Governmental Approval or Authority.—The corporation may not claim congressional approval or the authority of the United States Government for any of its activities.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1487.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
230508(a) 36:3809(c). May 23, 1986, Pub. L. 99–318, §9, 100 Stat. 475.
230508(b) 36:3809(a).  
230508(c) 36:3809(b).  
230508(d) 36:3809(d).  

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

In subsection (b), the words "No part of" are omitted as unnecessary. The words "inure to the benefit of" are substituted for "inure to", the words "the charter granted by this chapter" are substituted for "this charter", and the words "This subsection does not prevent" are substituted for "Nothing in this subsection shall be construed to prevent", for consistency in the revised title.

In subsection (d), the words "by virtue of this chapter" are omitted as unnecessary.

§230509. Duty to maintain tax-exempt status

The corporation shall maintain its status as an organization exempt from taxation under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.).

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1487.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
230509 36:3815. May 23, 1986, Pub. L. 99–318, §16, 100 Stat. 476.

§230510. Records and inspection

(a) Records.—The corporation shall keep—

(1) correct and complete records of account;

(2) minutes of the proceedings of its members, board of directors, and committees having any of the authority of its board of directors; 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.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1487.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
230510 36:3811. May 23, 1986, Pub. L. 99–318, §11, 100 Stat. 475.

The word "records" is substituted for "books and records" for consistency in the revised title and with other titles of the United States Code. The words "Nothing in this section shall be construed to contravene any applicable State law" are omitted as unnecessary.

§230511. Service of process

The corporation shall comply with the law on service of process of each State in which it is incorporated and each State in which it carries on activities.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1488.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
230511 36:3804. May 23, 1986, Pub. L. 99–318, §4, 100 Stat. 475.

The words "in furtherance of its corporate purposes" are omitted as unnecessary.

§230512. Liability for acts of officers and agents

The corporation is liable for the acts of its officers and agents acting within the scope of their authority.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1488.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
230512 36:3810. May 23, 1986, Pub. L. 99–318, §10, 100 Stat. 475.

§230513. Annual report

The corporation shall submit an annual report to Congress on the activities of the corporation during the prior fiscal year. The report shall be submitted at the same time as the report of the audit required by section 10101 of this title. The report may not be printed as a public document.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1488.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
230513 36:3812. May 23, 1986, Pub. L. 99–318, §13, 100 Stat. 476.

The words "submit an annual report" are substituted for "report annually" for consistency in the revised title.


Statutory Notes and Related Subsidiaries

Termination of Reporting Requirements

For termination, effective May 15, 2000, of reporting provisions in this section, see section 3003 of Pub. L. 104–66, set out as a note under section 1113 of Title 31, Money and Finance, and page 208 of House Document No. 103–7.