Collapse to view only § 220114. Distribution of assets on dissolution or final liquidation
- § 220101. Organization
- § 220102. Purposes
- § 220103.
- § 220104. Governing body
- § 220105. Powers
- § 220106. Exclusive right to name, seals, emblems, and badges
- § 220107. Assistance by Department of Defense
- § 220108. Restrictions
- § 220109. Duty to maintain corporate status
- § 220110. Principal office
- § 220111. Records and inspection
- § 220112. Service of process
- § 220113. Annual report
- § 220114. Distribution of assets on dissolution or final liquidation
§ 220101. Organization
(a)Federal Charter.—United Service Organizations, Incorporated (in this chapter, the “corporation”), is a federally chartered corporation.
(b)Perpetual Existence.—Except as otherwise provided, the corporation has perpetual existence.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1459.)
§ 220102. Purposes
The purposes of the corporation are—
(1) to provide a voluntary civilian agency through which the people of this Nation may, in peace or war, serve the religious, spiritual, social, welfare, educational, and entertainment needs of men and women in the Armed Forces, within or without the territorial limits of the United States;
(2) to contribute to the maintenance of morale of men and women in the Armed Forces;
(3) to solicit funds to maintain the organization and accomplish its responsibility;
(4) to accept the cooperation of, and provide an organization and means through which, the National Board of Young Men’s Christian Associations, the National Board of Young Women’s Christian Associations, the National Catholic Community Service, the Salvation Army, the National Jewish Welfare Board, the Travelers Aid-International Social Service of America, and other civilian agencies experienced in specialized types of related work, which may be needed adequately to meet the particular needs of the members of the Armed Forces, may carry on their historic work of serving the religious, spiritual, social, welfare, educational, and entertainment needs of men and women in the Armed Forces and be afforded an appropriate means of participation and financial assistance;
(5) to coordinate their programs; and
(6) other consonant purposes.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1459.)
§ 220103.
Except as provided in this chapter, the rights, privileges, and designation of classes of members are as provided in the bylaws. The membership of the corporation consists of—
(1) nine individuals designated by the President; and
(2) representatives of the civilian organizations listed in section 220102(4) of this title, and of the public at large, as provided in the bylaws.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1459.)
§ 220104. Governing body
(a)Board of Governors.—
(1) The board of governors is the governing body of the corporation. The board is responsible for the general policies and program of the corporation and for the control of the affairs and property of the corporation.
(2) The board shall be elected by the members of the corporation for the term and in the classes provided in the bylaws of the corporation. The board includes—
(A) six members appointed by the President;
(B) the Secretary of Defense or the Secretary’s designee; and
(C) representatives of the civilian organizations listed in section 220102(4) of this title, and of the public at large, as provided in the bylaws.
(3) The corporation may have other governing bodies or committees as provided in the bylaws.
(b)Officers.—
(1) The office of honorary chairman of the corporation shall be offered to the President. On acceptance, the honorary chairman shall be invited to preside at meetings of the corporation that the honorary chairman deems appropriate and convenient.
(2) The corporation may have other officers as provided in the bylaws.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1460; Pub. L. 109–284, § 5(11), Sept. 27, 2006, 120 Stat. 1212.)
§ 220105. Powers
The corporation has all the powers necessary and proper to carry out the purposes stated in section 220102 of this title, including the power—
(1) to adopt and amend bylaws and regulations for the management of its property and the regulation of its affairs;
(2) to adopt and alter a corporate seal;
(3) to adopt and alter emblems and marks;
(4) to establish and maintain offices to conduct the affairs of the corporation;
(5) to choose officers, representatives, and agents as the activities of the corporation require;
(6) to make contracts;
(7) to acquire, own, lease, encumber, and transfer property as necessary or convenient to carry out the purposes of the corporation;
(8) to borrow money, issue instruments of indebtedness, and secure its obligations by granting security interests in its property;
(9) to publish a magazine, newspaper, and other publications;
(10) to establish, regulate, and terminate councils, organizations, chapters, or affiliates as needed to carry out the purposes stated in section 220102 of this title;
(11) to solicit funds;
(12) to sue and be sued; and
(13) to do any other act necessary and proper to carry out the purposes stated in section 220102 of this title.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1460.)
§ 220106. Exclusive right to name, seals, emblems, and badges
The corporation and its councils, organizations, chapters, and affiliates have the exclusive right to use the names “United Service Organizations, Incorporated” and “USO” and seals, emblems, and badges the corporation adopts.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1461.)
§ 220107. Assistance by Department of Defense
The Secretary of Defense may make the resources of the Department of Defense, including access to General Services Administration supplies and services through the Federal Supply Schedule of the General Services Administration, available to the corporation to the extent compatible with the primary mission of the Department and in accordance with guidelines issued by the Secretary.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1461; Pub. L. 108–375, div. A, title VIII, § 820, Oct. 28, 2004, 118 Stat. 2016.)
§ 220108. Restrictions
(a)Profit.—The corporation may not engage in business activity for profit unless the activity is substantially related to—
(1) the purposes stated in section 220102 of this title; or
(2) raising funds to accomplish those purposes.
(b)Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend.
(c)Political Activities.—The corporation shall be nonpolitical and may not provide financial aid or assistance to, or otherwise promote the candidacy of, an individual seeking elective public office. A substantial part of the activities of the corporation may not involve carrying on propaganda or otherwise attempting to influence legislation.
(d)Distribution of Income or Assets.—The income or assets of the corporation may not inure to the benefit of a governor, officer, member, or employee or be distributed to any person during the life of the corporation or on its dissolution or final liquidation. This subsection does not prevent the payment of reasonable compensation to an officer, employee, or other person or reimbursement for actual necessary expenses in amounts approved by the board of governors.
(e)Loans.—The corporation may not make a loan to a governor, officer, member, or employee.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1461.)
§ 220109. Duty to maintain corporate status
The corporation shall maintain its status as a corporation incorporated under the laws of New York, another State, or the District of Columbia.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1461.)
§ 220110. Principal office
The principal office of the corporation shall be in New York, New York, or another place decided by the board of governors. 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 and in foreign countries.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1461.)
§ 220111. 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 governors, and committees having any of the authority of its board of governors; and
(3) at its principal office, a record of the names and addresses of its members entitled to vote.
(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.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1461.)
§ 220112. Service of process
(a)District of Columbia.—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.
(b)States, Territories, and Possessions.—The corporation shall file, with the secretary of state or other designated official of each State, territory, or possession of the United States in which the corporation or a council, organization, chapter, or affiliate may have activities, the name and address of an agent in that State, territory, or possession on whom legal process or demands against the corporation may be served.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1462.)
§ 220113. Annual report
The corporation shall make public an annual report on its activities for the prior calendar year.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1462.)
§ 220114. 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 governors, but in compliance with the bylaws. However, the assets of the corporation are irrevocably dedicated to charitable purposes and may not inure to the benefit of a private person except a fund, foundation, or organization operated exclusively for charitable purposes.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1462.)