CHAPTER 231 —AVIATION HALL OF FAME
§23101. Organization
(a)
(b)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 23101 | 36:4301. | July 14, 1964, |
| 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.
§23102. Purposes
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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 23102 | 36:4303(1) (1st sentence words before 8th comma, last sentence), (2)–(7). | July 14, 1964, |
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.
§23103. Membership
(a)
(b)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 23103(a) | 36:4306(a). | July 14, 1964, |
| 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.
§23104. Governing body
(a)
(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)
(2) The manner of election, term of office, and duties of the officers are as provided in the bylaws.
(c)(1)
(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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 23104(a) | 36:4307(a)–(c) (1st sentence, last sentence words after semicolon). | July 14, 1964, |
| 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
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.
§23105. Powers
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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 23105 | 36:4304(2)–(9). | July 14, 1964, |
| 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.
§23106. Restrictions
(a)
(b)
(c)
(d)
(e)
(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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 23106(a) | 36:4313. | July 14, 1964, |
| 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.
§23107. Principal office
The principal office of the corporation shall be in Ohio. 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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 23107 | 36:4305(a). | July 14, 1964, |
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".
Editorial Notes
Amendments
2017—
§23108. Records and inspection
(a)
(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)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 23108 | 36:4314. | July 14, 1964, |
The word "records" is substituted for "books and records" for consistency in the revised title and with other titles of the United States Code.
§23109. Statement required in audit report
The corporation shall include in the audit report statement required under
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 23109 | 36:4315(b) (2d sentence cl. (2)). | July 14, 1964, |
The word "salaries" is omitted as unnecessary.
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
§23110. Service of process
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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 23110 | 36:4305(b). | July 14, 1964, |
The words "at all times" and "authorized" are omitted as unnecessary.
§23111. 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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 23111 | 36:4312. | July 14, 1964, |
§23112. Distribution of assets on dissolution or final liquidation
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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 23112 | 36:4316. | July 14, 1964, |
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.