36 U.S.C. § 40304 — Powers

Page 137 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS § 40304 § 40301. Organization (a) FEDERAL CHARTER.—Civil Air Patrol (in this chapter, the ‘‘corporation’’) is a federally chartered corporation. (b) PERPETUAL EXISTENCE.—Except as other- wise provided, the corporation has perpetual ex- istence. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1331.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 40301(a) ...... 36:201. July 1, 1946, ch. 527, §§ 1, 5 (related to perpetual suc- cession), 60 Stat. 346, 347. 40301(b) ...... 36:205 (related to perpetual succes- sion). This section is substituted for the source provisions for consistency in the revised title and to eliminate ex- ecuted and unnecessary words. § 40302. Purposes The purposes of the corporation are as follows: (1) To provide an organization to— (A) encourage and aid citizens of the United States in contributing their efforts, services, and resources in developing avia- tion and in maintaining air supremacy; and (B) encourage and develop by example the voluntary contribution of private citizens to the public welfare. (2) To provide aviation education and train- ing especially to its senior and cadet members. (3) To encourage and foster civil aviation in local communities. (4) To provide an organization of private citizens with adequate facilities to assist in meeting local and national emergencies. (5) To assist the Department of the Air Force in fulfilling its noncombat programs and missions. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1331; Pub. L. 106–398, § 1 [[div. A], title X, § 1090(b)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–299.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 40302 .......... 36:202. July 1, 1946, ch. 527, § 2, 60 Stat. 346. Before clause (1), the word ‘‘objects’’ is omitted as in- cluded in ‘‘purposes’’. In clause (1)(A), the words ‘‘citizens of the United States’’ are substituted for ‘‘American citizens’’ for consistency in the revised title and with other titles of the United States Code. Editorial Notes AMENDMENTS 2000—Pub. L. 106–398, § 1 [[div. A], title X, § 1090(b)(1)(A)], substituted ‘‘as follows:’’ for ‘‘to—’’ in introductory provisions. Par. (1). Pub. L. 106–398, § 1 [[div. A], title X, § 1090(b)(1)(B), (C)], inserted ‘‘To’’ before ‘‘provide’’ in introductory provisions and substituted a period for the semicolon at the end of subpar. (B). Par. (2). Pub. L. 106–398, § 1 [[div. A], title X, § 1090(b)(1)(B), (C)], inserted ‘‘To’’ before ‘‘provide’’ and substituted a period for the semicolon at the end. Par. (3). Pub. L. 106–398, § 1 [[div. A], title X, § 1090(b)(1)(B), (D)], inserted ‘‘To’’ before ‘‘encourage’’ and substituted a period for ‘‘; and’’ at the end. Par. (4). Pub. L. 106–398, § 1 [[div. A], title X, § 1090(b)(1)(B)], inserted ‘‘To’’ before ‘‘provide’’. Par. (5). Pub. L. 106–398, § 1 [[div. A], title X, § 1090(b)(1)(E)], added par. (5). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2000 AMENDMENT Amendment by Pub. L. 106–398 effective 120 days after Oct. 30, 2000, see section 1 [[div. A], title X, § 1090(c)] of Pub. L. 106–398, set out as an Effective Date note under section 9441 of Title 10, Armed Forces. § 40303. Membership and governing body (a) MEMBERSHIP.—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) GOVERNING BODY.—The Civil Air Patrol has a Board of Governors. The composition and re- sponsibilities of the Board of Governors are set forth in section 9497 of title 10. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1332; Pub. L. 106–398, § 1 [[div. A], title X, § 1090(b)(2)(A), (B)], Oct. 30, 2000, 114 Stat. 1654, 1654A–300; Pub. L. 115–232, div. A, title VIII, § 809(l)(2), Aug. 13, 2018, 132 Stat. 1843.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 40303 .......... 36:203. July 1, 1946, ch. 527, § 3, 60 Stat. 346. The words ‘‘are as provided in’’ are substituted for ‘‘shall be determined according to’’ for consistency in the revised title. The text of 36:203 (proviso) is omitted as obsolete. Editorial Notes AMENDMENTS 2018—Subsec. (b). Pub. L. 115–232 substituted ‘‘section 9497 of title 10’’ for ‘‘section 9447 of title 10’’. 2000—Pub. L. 106–398 inserted ‘‘and governing body’’ after ‘‘Membership’’ in section catchline, designated existing provisions as subsec. (a), inserted subsec. (a) heading, and added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of Title 10, Armed Forces. EFFECTIVE DATE OF 2000 AMENDMENT Amendment by Pub. L. 106–398 effective 120 days after Oct. 30, 2000, see section 1 [[div. A], title X, § 1090(c)] of Pub. L. 106–398, set out as an Effective Date note under section 9441 of Title 10, Armed Forces. § 40304. Powers The corporation may— (1) adopt and amend a constitution, bylaws, and regulations; (2) adopt and alter a corporate seal; Page 138 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS § 40305 (3) establish and maintain offices in the Dis- trict of Columbia and the States, territories, and possessions of the United States to con- duct its affairs; (4) acquire, own, lease, encumber, and trans- fer property as necessary to carry out the pur- poses of the corporation; (5) sue and be sued; and (6) do any other act necessary and proper to carry out the purposes of the corporation. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1332.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 40304 .......... 36:205 (less per- petual succes- sion). July 1, 1946, ch. 527, § 5 (less perpetual succession), 60 Stat. 347. In clause (1), the word ‘‘amend’’ is substituted for ‘‘alter’’ for consistency in the revised title. The words ‘‘not inconsistent with law’’ are omitted as unneces- sary. In clause (3), the words ‘‘States, territories, and pos- sessions’’ are substituted for ‘‘several States and Terri- tories’’ for consistency in the revised title. Clause (4) is substituted for ‘‘acquire, hold, mortgage, and dispose of such real and personal property as may be necessary for its corporate purposes’’ and ‘‘accept gifts, legacies, and devises which will further the cor- porate purposes’’ for consistency in the revised title and to eliminate unnecessary words. In clause (6), the words ‘‘any other act’’ are sub- stituted for ‘‘any and all acts and things’’ to eliminate unnecessary words. The word ‘‘objects’’ is omitted as unnecessary. § 40305. Restrictions The corporation may not engage in business for profit or issue stock. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1332.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 40305 .......... 36:204. July 1, 1946, ch. 527, § 4, 60 Stat. 347. This section is substituted for 36:204(a) to eliminate unnecessary words. The text of 36:204(b) is omitted as executed and obsolete. § 40306. Exclusive right to name, insignia, copy- rights, emblems, badges, marks, and words The corporation has the exclusive right to use the name ‘‘Civil Air Patrol’’ and all insignia, copyrights, emblems, badges, descriptive or des- ignating marks, words, and phrases the corpora- tion adopts. This section does not affect any vested rights. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1332.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 40306 .......... 36:206. July 1, 1946, ch. 527, § 6, 60 Stat. 347. The word ‘‘sole’’ is omitted as included in ‘‘exclu- sive’’. The words ‘‘right to use the name ‘Civil Air Pa- trol’ and all’’ are substituted for ‘‘right to the name ‘Civil Air Patrol’ and to have and to use, in carrying out its purposes, all’’ for consistency in the revised title and to eliminate unnecessary words. The words ‘‘the corporation adopts’’ are substituted for ‘‘now or heretofore used by the Civil Air Patrol’’ in section 6 of the Act of July 1, 1946 (ch. 527, 60 Stat. 347) for consist- ency in the revised title. The words ‘‘in carrying out its program’’ are omitted as unnecessary. The words ‘‘This section does not affect any vested rights’’ are sub- stituted for ‘‘Provided, however, That no powers or privileges herein granted shall interfere or conflict with established or vested rights’’ for consistency in the revised title and to eliminate unnecessary words. § 40307. Annual report The corporation shall submit an annual report to Congress on the activities of the corporation during the prior fiscal year. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1332.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 40307 .......... 36:207. July 1, 1946, ch. 527, § 7, 60 Stat. 347. 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 198 of House Document No. 103–7. CHAPTER 405—CONGRESSIONAL MEDAL OF HONOR SOCIETY OF THE UNITED STATES OF AMERICA Sec. 40501. Organization. 40502. Purposes. 40503. Membership. 40504. Governing body. 40505. Powers. 40506. Restrictions. 40507. Principal office. 40508. Records and inspection. 40509. Service of process. 40510. Liability. 40511. Distribution of assets on dissolution or final liquidation. § 40501. Organization (a) FEDERAL CHARTER.—Congressional Medal of Honor Society of the United States of Amer- ica (in this chapter, the ‘‘corporation’’) is a fed- erally 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 other- wise provided, the corporation has perpetual ex- istence. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1332.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 40501 .......... 36:791. Aug. 14, 1958, Pub. L. 85–642, §§ 1, 2, 72 Stat. 597. 36:792. This section is substituted for 36:791 for consistency in the revised title and to eliminate executed and un-