US Code (Unofficial compilation from the Legal Information Institute)

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1 US Code (Unofficial compilation from the Legal Information Institute) TITLE 36 - PATRIOTIC AND NATIONAL Subtitle II - Patriotic and National Organizations Part B - Organizations CHAPTER 1401 MARINE CORPS LEAGUE Please Note: This compilation of the US Code, current as of Jan. 4, 2012, has been prepared by the Legal Information Institute using data from the U.S. House of Representatives, Office of the Law Revision Counsel. It is not an official U.S. government publication. For more details please see: Notes on this document: The content in this document is taken directly from the US Code, with the following exceptions: page headers and footers, page numbering, and all formatting are artifacts of this presentation. Divider lines have been inserted between sections. The notes are set off by a vertical line and a larger left margin. The table of contents immediately following this title page is machine-generated from the headings in this portion of the Code. Commonly available fonts are used. The Legal Information Institute promotes worldwide, free public access to law via the Internet. Founded in 1992, the LII created the first legal information website. It continues to be a pre-eminent "law-not-com" publisher of legal information and an important outreach activity of the Cornell Law School.

2 TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, ANDORGANIZATIONS 1 Subtitle II - Patriotic and National Organizations 35 Part B - Organizations 37 CHAPTER MARINE CORPS LEAGUE Organization Purposes Powers Annual report 41 - ii -

3 TITLE 36 PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS This title was enacted by Pub. L , 1, Aug. 12, 1998, 112 Stat Subtitle...Sec. I. PATRIOTIC AND NATIONAL OBSERVANCES AND CEREMONIES II. PATRIOTIC AND NATIONAL ORGANIZATIONS III. TREATY OBLIGATION ORGANIZATIONS Table Showing Disposition of All Sections of Former Title 36 1, 1a, 2 (1st sentence words before 2d comma) 2 (1st sentence words between 2d comma and 3d semicolon) 2 (1st sentence words between 3d and 4th semicolons) (1st sentence words after 4th semicolon) (last sentence) Rep. 4a (matter before (a)), (a), (b), (c) (1st 5th pars.) (c) (6th par.) (c) (last par.) , Rep Rep Rep. 17, 17a, 17b Rep. 18 (words before for patriotic ) (words beginning with for patriotic ) a (1st sentence) a (last sentence) b (1st sentence) b (last sentence) c (1st sentence words before for the promotion ) 20 (1st sentence words beginning with for the promotion ) (2d sentence) (3d sentence words before 2d comma) (3d sentence words after 2d comma) (4th, 5th sentences) (last sentence) a

4 20b c d e, 20f g , 22 (words before 2d comma) (words after 2d comma) (words before semicolon) (words after semicolon) (1st 5th sentences) (6th sentence) (7th, 8th sentences) (last sentence) , 32 (words before 2d comma) (words after 2d comma) (words before 19th comma) (words after 19th comma) (1st 7th sentences) (last sentence) a , (words before 4th semicolon less perpetual succession) 44 (words before 4th semicolon related to perpetual succession) (words between 4th and 5th semicolons) (words after 5th semicolon) h Elim a b(a)

5 57b(b) (j) Rep. 67, 67a b(1) (10) b(11) c (less perpetual succession) c (related to perpetual succession) d(1), (2) d(3) d(4) e (words before 3d comma, words after 3d comma related to discrimination in membership) 67e (words after 3d comma related to discrimination in holding office) f(1) (1st sentence) f(1) (last sentence), (2) g h i(1) i(2) (5) j k l m n, 67o p q r s Elim. 78, 78a b c(1) c(2) (10) d e, 78f g(a) g(b) h, 78i j k l m Rep. 78n o p

6 78q Rep. 90a, 90b c d (less perpetual succession) d (related to perpetual succession) e f g h i j k , (words before colon) (words between colon and 1st comma) (words after 1st comma) (1st sentence) (last sentence) , (words before 4th semicolon less perpetual succession) 114 (words before 4th semicolon related to perpetual succession) 114 (words between 4th and 5th semicolons) (words after 5th semicolon) (1st, 2d pars.) (3d par.) (last par.) a Rep

7 121b a b note a b Rep , 130 Rep , 135 Rep. 135a a (Previously transferred to T. 41 6v and subsequently repealed) Rep. 138b (1st 3d pars.) b (4th par.) b (last par.) c, 138c note d (words before for patriotic, historical, and educational purposes ) 139 (words beginning with for patriotic, historical, and educational purposes ) a b note a b(a) b(b) (j) c , a b c, 142c (See former 170) ,

8 a Rep T a a b a b (1), (2) (3), (4) (related to Police Week) (4) (related to Peace Officers Memorial Day) a b c d e f g h i i note i 1(a)(1) i 1(a)(2) i 1(b) i 1(c) 169j 169j 10 Rep. Rep. 169k l m , T

9 182a 184 Rep. 185 (See former 169h) , 189 note a (less perpetual succession) (related to perpetual succession) , (less perpetual succession) (related to perpetual succession) , 227(a) (d) (e) , 230, 231 (words before 2d comma) (words after 2d comma) Rep. 236 (1st sentence) (2d, last sentences), (words before 1st comma) (words after 1st comma) note , (1st sentence) (2d, last sentences)

10 279, Rep , (a) (b) (k), (1st sentence) (2d, last sentences) (less perpetual succession) (related to perpetual succession) (1st sentence) (last sentence) Rep (1st sentence) (last sentence) (a) (words before cl. (1) less perpetual succession) 375(a) (words before cl. (1) related to perpetual succession) (a)(1) (16), (b) ,

11 382a(a) a(b) Rep. 382b Rep. 391(a) (b), (c) (d) (a)(1) (3) (a)(4) (a)(5) (9) (b) , 393 note (a) (b)(1) (4) (b)(5) (c) (a) (b) , , Rep Rep. 431, (a) (b) ,

12 Rep , (a) (b) , Rep Rep. 492 Rep. 493 Elim. 501, (1st sentence) (2d, 3d sentences) (last sentence) , , Rep , (1) (2) (10)

13 539(a) (b) , Rep , (a) (b) , , Rep , (1) (2) (9) (a) (b) , , Rep , (1)

14 634(2) (9) (a) (b) , , Rep , (1st sentence) (2d, 3d sentences) (last sentence) , , Rep , (1) (2) (9) (a) (b) , , Rep

15 (a) Rep. 721(b) (a), (b) (1st 3d sentences) (4th sentence) (last sentence) Rep (1st, 2d sentences) (3d, last sentences) , 508, Rep. 748 Rep. 749 Rep. 761, (1) (2) (10) (a) (b) , (a) (b) , Rep , (a) (b) , (a) (1st sentence words before last comma) 799(a) (1st sentence words after last comma)

16 799(a) (last sentence), (b), Rep , (1) (2) (9) (a) (b) , , Rep , (1) (3), (4) (less words between 1st comma and semicolon) 853(4) (words between 1st comma and semicolon) (a) (b) , , Rep , (1) (2) (9) (a) (b)

17 , , Rep , (a) (b) (h) (a) (b) , , Rep , (1) (2) (10) (1st sentence) (last sentence) , (1st sentence 1st 14th words) (1st sentence 15th last words, 2d, last sentences) , Rep , (A) (1st sentence words before proviso) (A) (1st sentence proviso) (A) (last sentence), (B) (G)

18 974(1) (2) (9) (a) (b) , , Rep , (1) (2) (8) (a) (b) , Rep (1) (2) (9) (a) (b) , , Rep

19 , (a) (b) , , (less (b) (2d sentence cl. (2))) (b) (2d sentence cl. (2)) (1) (76), (77) (related to Fleet Reserve Association), (79), (80) (77) (related to NNRCF) Rep. 1102, , (less perpetual succession) (related to perpetual succession) , , (a) (b) ,

20 (a) (b) (1st sentence) (last sentence) (a), (b) (c) (d), (e) (a) (b) (d) (1st sentence) (last sentence) (a) (b), (c) (d) (e), (f) (g) (See 36:1101) 1309(h) , (notes) 2302, Rep ,

21 (1st sentence) (last sentence) (less discrimination) (related to discrimination in membership) 1603 (related to discrimination in holding office) , (1st sentence) (last sentence) , (1st sentence) (last sentence), ,

22 (1st sentence) (last sentence), , , (a) (e) (f) (1st sentence) (last sentence), , (a) (e) (f) (1st sentence) (last sentence)

23 , (1st sentence) (last sentence), , (a) (e) (f) (1st sentence) (last sentence), (words before 3d comma, words after 3d comma related to discrimination in membership) 2405 (words after 3d comma related to discrimination in holding office), 2406, (a) (d) (e) (1st sentence) (last sentence),

24 (words before 3d comma, words after 3d comma related to discrimination in membership) 2505 (words after 3d comma related to discrimination in holding office), 2506, (1st sentence) (last sentence), , (1st sentence) (last sentence), (a) (b) , (1st sentence) (last sentence),

25 , (a) (e) (f) (1st sentence) (last sentence), (words before 3d comma, words after 3d comma related to discrimination in membership) 2905 (words after 3d comma related to discrimination in holding office), 2906, (a) (e) (f) (1st sentence) (last sentence), (words before 3d comma, words after 3d comma related to discrimination in membership) 3005 (words after 3d comma related to discrimination in holding office), 3006, (1st sentence) (last sentence)

26 , (1st sentence) (last sentence), (1st sentence) (last sentence) Rep (1st sentence) (last sentence) (less perpetual succession) (related to perpetual succession) , (1) (2) (9) (a) (b) , ,

27 3414 Rep (a) (b) (c) (1st sentence) (last sentence), (words before 1st comma, words after 1st comma related to discrimination in membership) 3605 (words after 1st comma related to discrimination in holding office), 3606, , , 3807, 3808 (related to directors and officers)

28 3808 (related to membership) , (a) (e) (f) (1st sentence) (last sentence), , 4007, 4008 (related to directors and officers) (related to membership) (1st sentence) (last sentence) , (a) (e)

29 4107(f) (words before 1st comma) (words after 1st comma) (related to meeting) (related to report) , (1) (1st sentence words before 8th comma) 4303(1) (1st sentence words after 8th comma) (1) (last sentence), (2) (7) (1) (2) (9) (a) (b) , (less (b) (2d sentence cl. (2))) (b) (2d sentence cl. (2)) (words before for the following objects and purposes ) 4401 (words beginning with for the following objects and purposes ) (words before last semicolon) (words after last semicolon) (1st 3d sentences) (4th sentence related to adopting and altering seal) 4404 (4th sentence less adopting and altering seal)

30 4404 (5th sentence related to establishing bylaws) 4404 (5th sentence less establishing bylaws) 4404 (last sentence related to employment authority) 4404 (last sentence less employment authority) (a) (b) , , (less (b) (2d sentence cl. (2))) (b) (2d sentence cl. (2)) , , (a) (b) (less (b) (2d sentence cl. (2))) (b) (2d sentence cl. (2)) , , 4702 (words before 2d comma) (words after 2d comma) (1st par.)

31 4704 (last par. related to regulations for membership) 4704 (last par. less regulations for membership) (a), (b) (related to discrimination in membership) 4805(b) (related to discrimination in holding office), 4806, (words before 8th comma less gratuitously or otherwise ) 4903 ( gratuitously or otherwise and words after 8th comma) (1st sentence) (last sentence) , 5007, 5008 (related to directors and officers) (related to membership) (1st sentence) (last sentence),

32 , 5107, 5108 (related to directors and officers) (related to membership) (1st sentence) (last sentence) (a) (b) (a) (f) (g)(1)(A) (g)(1)(B), (C) (g)(2), (h) (a)(1) (a)(2), (3) (a)(4) (b), (c)(1), (2) (words before 2d comma) (c)(2) (words after 2d comma) (c)(3) (5) , (a) (b) (c) (1st sentence) (last sentence) Rep

33 5401 (1st sentence words before for the education of the general public ) 5401 (1st sentence words beginning with for the education of the general public ) (2d sentence words before proviso) (2d sentence proviso, 3d sentence) (last sentence words before proviso) (last sentence proviso) (a) (less nonprofit ) (a) (related to nonprofit) (b)(1) (b)(2) (c)(1) (4) (c)(5) Elim. 5501(d) (a) (words before cl. (1)) (a) (less words before cl. (1)) (b) (c) (d) Rep (a) (b), (c) (d) (e)(1) (e)(2) (a) (b), (c) (d) (a)(1), (2) (a)(3) (b) (e) Rep Elim Rep , (a) (d) (e) (f) (g) (related to membership)

34 5608(g) (related to directors and officers) (related to termination of charter) (related to duty to maintain status) (a) (b) (a) (f) (g)(1)(A) (g)(1)(B), (C) (g)(2)(A) (1st, 2d sentences, last sentence related to employees) 5702(g)(2)(A) (last sentence related to board of directors) (g)(2)(B), (C) (a)(1) (a)(2), (3) (a)(4), (a) (last par.) (b), (c)(1) (4), (5) (words before 2d comma) (c)(5) (words after 2d comma) (c)(6), (7), (last par.) , (a) (b) (c) , (a) (d) (e) (f) (g) (related to directors and officers) (g) (related to membership) (related to termination of charter) (related to duty to maintain status)

35 , (a) (d) (e) (f) (g) (related to membership) (g) (related to directors and officers) (related to termination of charter) (related to duty to maintain status) Enacting Clause Pub. L , 1, Aug. 12, 1998, 112 Stat. 1253, provided in part that: Certain general and permanent laws of the United States, related to patriotic and national observances, ceremonies, and organizations, are revised, codified, and enacted as title 36, United States Code, Patriotic and National Observances, Ceremonies, and Organizations. Legislative Purpose and Construction Pub. L , 4, Nov. 3, 1998, 112 Stat. 3245, provided that: (a) No Substantive Change. (1) Section 1 of this Act restates, without substantive change, laws enacted before September 5, 1998, that were replaced by section 1. Section 1 may not be construed as making a substantive change in the laws replaced. (2) Laws enacted after September 4, 1998, that are inconsistent with this Act supersede this Act to the extent of the inconsistency. (b) References. A reference to a law replaced by this Act, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding provision enacted by this Act. (c) Continuing Effect. An order, rule, or regulation in effect under a law replaced by this Act continues in effect under the corresponding provision enacted by this Act until repealed, amended, or superseded. (d) Actions and Offenses Under Prior Law. An action taken or an offense committed under a law replaced by this Act is deemed to have been taken or committed under the corresponding provision enacted by this Act. (e) Inferences. An inference of a legislative construction is not to be drawn by reason of the location in the United States Code of a provision enacted by this Act or by reason of a heading of the provision. (f) Severability. If a provision enacted by this Act is held invalid, all valid provisions that are severable from the invalid provision remain in effect. If a provision enacted by this Act is held invalid in any of its applications, the provision remains valid for all valid applications that are severable from any of the invalid applications. Pub. L , 5, Aug. 12, 1998, 112 Stat. 1499, provided that: (a) No Substantive Change. Sections 1 and 2 of this Act restate, without substantive change, laws enacted before August 16, 1997, that were replaced by those sections. Those sections may not be construed as making a substantive change in the laws replaced. Laws enacted after August 15, 1997, that are inconsistent with this Act supersede this Act to the extent of the inconsistency

36 TITLE 36 - Subtitle II Patriotic and National Organizations (b) References. A reference to a law replaced by section 1 or 2 of this Act, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding provision enacted by this Act. (c) Continuing Effect. An order, rule, or regulation in effect under a law replaced by section 1 or 2 of this Act continues in effect under the corresponding provision enacted by this Act until repealed, amended, or superseded. (d) Actions and Offenses Under Prior Law. An action taken or an offense committed under a law replaced by section 1 or 2 of this Act is deemed to have been taken or committed under the corresponding provision enacted by this Act. (e) Inferences. An inference of a legislative construction is not to be drawn by reason of the location in the United States Code of a provision enacted by this Act or by reason of a caption or catch line of the provision. (f) Severability. If a provision enacted by this Act is held invalid, all valid provisions that are severable from the invalid provision remain in effect. If a provision enacted by this Act is held invalid in any of its applications, the provision remains valid for all valid applications that are severable from any of the invalid applications. Repeals and Savings Provisions Pub. L , 5(a), Nov. 3, 1998, 112 Stat. 3245, provided that: The repeal of a law by this Act may not be construed as a legislative inference that the provision was or was not in effect before its repeal. Pub. L , 5(b), Nov. 3, 1998, 112 Stat. 3245, repealed specified laws, except for rights and duties that matured, penalties that were incurred, and proceedings that were begun before Nov. 3, Pub. L , 6(a), Aug. 12, 1998, 112 Stat. 1499, provided that: The repeal of a law by this Act may not be construed as a legislative inference that the provision was or was not in effect before its repeal. Pub. L , 6(b), Aug. 12, 1998, 112 Stat. 1499, repealed specified laws, except for rights and duties that matured, penalties that were incurred, and proceedings that were begun before Aug. 12,

37 TITLE 36 - Subtitle II Patriotic and National Organizations Subtitle II Patriotic and National Organizations Part A General Chapter...Sec General Part B Organizations 201. Agricultural Hall of Fame Air Force Sergeants Association American Academy of Arts and Letters American Chemical Society American Council of Learned Societies American Ex-Prisoners of War American GI Forum of the United States American Gold Star Mothers, Incorporated American Historical Association American Hospital of Paris The American Legion The American National Theater and Academy The American Society of International Law American Symphony Orchestra League American War Mothers AMVETS (American Veterans) Army and Navy Union of the United States of America Aviation Hall of Fame Big Brothers Big Sisters of America Blinded Veterans Association Blue Star Mothers of America, Inc Board For Fundamental Education Boy Scouts of America Boys & Girls Clubs of America Catholic War Veterans of the United States of America, Incorporated Civil Air Patrol Congressional Medal of Honor Society of the United States of America Corporation for the Promotion of Rifle Practice and Firearms Safety Daughters of Union Veterans of the Civil War Disabled American Veterans nd Airborne Division Association, Incorporated Fleet Reserve Association Former Members of Congress The Foundation of the Federal Bar Association Frederick Douglass Memorial and Historical Association Future Farmers of America General Federation of Women s Clubs Girl Scouts of the United States of America Gold Star Wives of America [Reserved] Italian American War Veterans of the United States Jewish War Veterans of the United States of America, Incorporated Jewish War Veterans, U.S.A., National Memorial, Incorporated Korean War Veterans Association, Incorporated Ladies of the Grand Army of the Republic Legion of Valor of the United States of America, Incorporated Little League Baseball, Incorporated Marine Corps League The Military Chaplains Association of the United States of America Military Officers Association of America Military Order of the Purple Heart of the United States of America, Incorporated Military Order of the World Wars National Academy of Public Administration National Academy of Sciences National Conference of State Societies, Washington, District of Columbia

38 TITLE 36 - Subtitle II - Part B Organizations National Conference on Citizenship National Council on Radiation Protection and Measurements National Education Association of the United States National Fallen Firefighters Foundation National Federation of Music Clubs National Film Preservation Foundation National Fund for Medical Education National Mining Hall of Fame and Museum National Music Council National Recording Preservation Foundation National Safety Council Help America Vote Foundation National Ski Patrol System, Incorporated National Society, Daughters of the American Colonists The National Society of the Daughters of the American Revolution National Society of the Sons of the American Revolution National Tropical Botanical Garden National Woman s Relief Corps, Auxiliary to the Grand Army of the Republic The National Yoemen F Naval Sea Cadet Corps Navy Club of the United States of America Navy Wives Clubs of America Non Commissioned Officers Association of the United States of America, Incorporated [Reserved] Paralyzed Veterans of America Pearl Harbor Survivors Association Polish Legion of American Veterans, U.S.A [Reserved] Reserve Officers Association of the United States Retired Enlisted Association, Incorporated Society of American Florists and Ornamental Horticulturists Sons of Union Veterans of the Civil War Theodore Roosevelt Association th Veterans Association United Service Organizations, Incorporated United States Capitol Historical Society United States Olympic Committee United States Submarine Veterans of World War II Veterans of Foreign Wars of the United States Veterans of World War I of the United States of America, Incorporated Vietnam Veterans of America, Inc Women s Army Corps Veterans Association [Reserved] [Reserved] [Reserved] Amendments 2009 Pub. L , 1(b), Nov. 6, 2009, 123 Stat. 3003, added item for chapter Pub. L , 1(b), June 30, 2008, 122 Stat. 2421, amended item for chapter 1201 generally, substituting Korean War Veterans Association, Incorporated for [Reserved] Pub. L , title VI, 601(b), Oct. 29, 2002, 116 Stat. 1721, added item for chapter Pub. L , 1(a)(2)(B), Oct. 16, 2002, 116 Stat. 1496, substituted AMVETS (American Veterans) for AMVETS (American Veterans of World War II, Korea, and Vietnam) in item for chapter Pub. L , title II, 201(b), Nov. 9, 2000, 114 Stat. 2095, added item for chapter Pub. L , 1(4)(B), (5)(B), Nov. 3, 1998, 112 Stat. 3241, 3244, added items for chapters 202 and

39 TITLE 36 - Subtitle II - Part B Organizations Part B Organizations National Foundation on Fitness, Sports, and Nutrition Pub. L , Dec. 22, 2010, 124 Stat. 3576, provided that: SECTION 1. SHORT TITLE. This Act may be cited as the National Foundation on Fitness, Sports, and Nutrition Establishment Act. SEC. 2. ESTABLISHMENT AND PURPOSE OF FOUNDATION. (a) Establishment. There is established the National Foundation on Fitness, Sports, and Nutrition (hereinafter in this Act referred to as the Foundation ). The Foundation is a charitable and nonprofit corporation and is not an agency or establishment of the United States. (b) Purposes. The purposes of the Foundation are (1) in conjunction with the Office of the President s Council on Fitness, Sports and Nutrition, to develop a list and description of programs, events and other activities which would further the purposes and functions outlined in Executive Order [42 U.S.C. 300u note ], as amended, and with respect to which combined private and governmental efforts would be beneficial; (2) to encourage and promote the participation by private organizations in the activities referred to in subsection (b)(1) and to encourage and promote private gifts of money and other property to support those activities; and (3) in consultation with such Office, to undertake and support activities to further the purposes and functions of such Executive Order. (c) Prohibition on Federal Funding. The Foundation may not accept any Federal funds. SEC. 3. BOARD OF DIRECTORS OF THE FOUNDATION. (a) Establishment and Membership. The Foundation shall have a governing Board of Directors (hereinafter referred to in this Act as the Board ), which shall consist of 9 members each of whom shall be a United States citizen and (1) 3 of whom should be knowledgeable or experienced in one or more fields directly connected with physical fitness, sports, nutrition, or the relationship between health status and physical exercise; and (2) 6 of whom should be leaders in the private sector with a strong interest in physical fitness, sports, nutrition, or the relationship between health status and physical exercise. The membership of the Board, to the extent practicable, should represent diverse professional specialties relating to the achievement of physical fitness through regular participation in programs of exercise, sports, and similar activities, or to nutrition. The Assistant Secretary for Health, the Executive Director of the President s Council on Fitness, Sports and Nutrition, the Director for the National Center for Chronic Disease Prevention and Health Promotion, the Director of the National Heart, Lung, and Blood Institute, and the Director for the Centers for Disease Control and Prevention shall be ex officio, nonvoting members of the Board. Appointment to the Board or its staff shall not constitute employment by, or the holding of an office of, the United States for the purposes of laws relating to Federal employment. (b) Appointments. Within 90 days from the date of enactment of this Act [Dec. 22, 2010], the members of the Board shall be appointed by the Secretary [probably means the Secretary of Health and Human Services] in accordance with this subsection. In selecting individuals for appointments to the Board, the Secretary should consult with (1) the Speaker of the House of Representatives concerning the appointment of one member; (2) the Majority Leader of the House of Representatives concerning the appointment of one member; (3) the Majority Leader of the Senate concerning the appointment of one member; (4) the President Pro Tempore concerning the appointment of one member; (5) the Minority Leader of the House of Representatives concerning the appointment of one member; and (6) the Minority Leader of the Senate concerning the appointment of one member. (c) Terms. The members of the Board shall serve for a term of 6 years, except that the original members of the Board shall be appointed for staggered terms as determined appropriate by the Secretary. A vacancy on the Board shall be filled within 60 days of the vacancy in the same manner in which the original appointment was made and shall be for the balance of the term of the individual who was replaced. No individual may serve more than 2 consecutive terms as a member. (d) Chairman. The Chairman shall be elected by the Board from its members for a 2-year term and shall not be limited in terms or service, other than as provided in subsection (c)

40 TITLE 36 - Subtitle II - Part B Organizations (e) Quorum. A majority of the current membership of the Board shall constitute a quorum for the transaction of business. (f) Meetings. The Board shall meet at the call of the Chairman at least once a year. If a member misses 3 consecutive regularly scheduled meetings, that member may be removed from the Board and the vacancy filled in accordance with subsection (c). (g) Reimbursement of Expenses. Members of the Board shall serve without pay, but may be reimbursed for the actual and necessary traveling and subsistence expenses incurred by them in the performance of the duties of the Foundation, subject to the same limitations on reimbursement that are imposed upon employees of Federal agencies. (h) Limitations. The following limitations apply with respect to the appointment of employees of the Foundation: (1) Employees may not be appointed until the Foundation has sufficient funds to pay them for their service. No individual so appointed may receive a salary in excess of the annual rate of basic pay in effect for Executive Level V [5 U.S.C. 5316] in the Federal service. A member of the Board may not receive compensation for serving as an employee of the Foundation. (2) The first employee appointed by the Board shall be the Secretary of the Board who shall serve, at the direction of the Board, as its chief operating officer and shall be knowledgeable and experienced in matters relating to physical fitness, sports, and nutrition. (3) No Public Health Service employee nor the spouse or dependent relative of such an employee may serve as a member of the Board of Directors or as an employee of the Foundation. (4) Any individual who is an employee or member of the Board of the Foundation may not (in accordance with the policies developed under subsection (i)) personally or substantially participate in the consideration or determination by the Foundation of any matter that would directly or predictably affect any financial interest of (A) the individual or a relative (as such term is defined in section 109(16) of the Ethics in Government Act, 1978 [5 U.S.C. App.]) of the individual; or (B) any business organization, or other entity, of which the individual is an officer or employee, is negotiating for employment, or in which the individual has any other financial interest. (i) General Powers. The Board may complete the organization of the Foundation by (1) appointing employees; (2) adopting a constitution and bylaws consistent with the purposes of the Foundation and the provision of this Act; and (3) undertaking such other acts as may be necessary to carry out the provisions of this Act. In establishing bylaws under this subsection, the Board shall provide for policies with regard to financial conflicts of interest and ethical standards for the acceptance, solicitation and disposition of donations and grants to the Foundation. SEC. 4. POWERS AND DUTIES OF THE FOUNDATION. (a) In General. The Foundation (1) shall have perpetual succession; (2) may conduct business throughout the several States, territories, and possessions of the United States; (3) shall have its principal offices in or near the District of Columbia; and (4) shall at all times maintain a designated agent authorized to accept service of process for the Foundation. The serving of notice to, or service of process upon, the agent required under paragraph (4), or mailed to the business address of such agent, shall be deemed as service upon or notice to the Foundation. (b) Seal. The Foundation shall have an official seal selected by the Board which may be used as provided for in section 5. (c) Incorporation; Nonprofit Status. To carry out the purposes of the Foundation under section 2, the Board shall (1) incorporate the Foundation in the District of Columbia; and (2) establish such policies and bylaws as may be necessary to ensure that the Foundation maintains status as an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 [26 U.S.C. 501 (c)(3)]. (d) Powers. Subject to the specific provisions of section 2, the Foundation, in consultation with the Office of the President s Council on Fitness, Sports, and Nutrition, shall have the power, directly or by the awarding of contracts or grants, to carry out or support activities for the purposes described in such section

41 TITLE 36 - Subtitle II - Part B - CHAPTER 1401 MARINE CORPS LEAGUE (e) Treatment of Property. For purposes of this Act, an interest in real property shall be treated as including easements or other rights for preservation, conservation, protection, or enhancement by and for the public of natural, scenic, historic, scientific, educational inspirational or recreational resources. A gift, devise, or bequest may be accepted by the Foundation even though it is encumbered, restricted, or subject to beneficial interests of private persons if any current or future interest therein is for the benefit of the Foundation. SEC. 5. PROTECTION AND USES OF TRADEMARKS AND TRADE NAMES. (a) Trademarks of the Foundation. Authorization for a contributor, or a supplier of goods or services, to use, in advertising regarding the contribution, goods, or services, the trade name of the Foundation, or any trademark, seal, symbol, insignia, or emblem of the Foundation may be provided only by the Foundation with the concurrence of the Secretary or the Secretary s designee. (b) Trademarks of the Council. Authorization for a contributor or supplier described in subsection (a) to use, in such advertising, the trade name of the President s Council on Fitness, Sports, and Nutrition, or any trademark, seal, symbol, insignia, or emblem of such Council, may be provided (1) by the Secretary or the Secretary s designee; or (2) by the Foundation with the concurrence of the Secretary or the Secretary s designee. SEC. 6. AUDIT, REPORT REQUIREMENTS, AND PETITION OF ATTORNEY GENERAL FOR EQUITABLE RELIEF. (a) Audits. For purposes of the Act entitled An Act for audit of accounts of private corporations established under Federal law, approved August 30, 1964 (Public Law , [former] 36 U.S.C [see 36 U.S.C ]), the Foundation shall be treated as a private corporation under Federal law. The Inspector General of the Department of Health and Human Services and the Comptroller General of the United States shall have access to the financial and other records of the Foundation, upon reasonable notice. (b) Report. The Foundation shall, not later than 60 days after the end of each fiscal year, transmit to the Secretary and to Congress a report of its proceedings and activities during such year, including a full and complete statement of its receipts, expenditures, and investments. (c) Relief With Respect to Certain Foundation Acts or Failure To Act. If the Foundation (1) engages in, or threatens to engage in, any act, practice or policy that is inconsistent with its purposes set forth in section 2 (b); or (2) refuses, fails, or neglects to discharge its obligations under this Act, or threaten[s] to do so; the Attorney General of the United States may petition in the United States District Court for the District of Columbia for such equitable relief as may be necessary or appropriate