36 USC 50306 - Restrictions

Collapse to view only § 50306. Restrictions

§ 50301. Organization
§ 50302. Purposes
§ 50303. Membership
§ 50304. Powers
§ 50305. Exclusive right to name
§ 50306. Restrictions
§ 50307. Service of process
§ 50308. Annual report
§ 50309. Dissolution

§ 50301. Organization

(a)Federal Charter.—Disabled American Veterans (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. 1343.)

§ 50302. Purposes

The corporation is organized exclusively for charitable and educational purposes. The purposes of the corporation shall include—

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

(2) to realize the true American ideals and aims for which those eligible to membership fought;

(3) to advance the interests, and work for the betterment, of all wounded, injured, and disabled American veterans;

(4) to cooperate with the Department of Veterans Affairs and all other public and private agencies devoted to the cause of improving and advancing the condition, health, and interests of all wounded, injured, and disabled veterans;

(5) to stimulate a feeling of mutual devotion, helpfulness, and comradeship among all wounded, injured, and disabled veterans;

(6) to serve our comrades, our communities, and our country;

(7) to educate the public about the sacrifices and needs of disabled veterans;

(8) to educate disabled veterans about the benefits and resources available to them; and

(9) to encourage in all people that spirit of understanding which will guard against future wars.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1343; Pub. L. 114–135, § 1(a), Mar. 18, 2016, 130 Stat. 300.)

§ 50303. Membership

(a)Eligibility.—An individual is eligible for membership in the corporation if the individual—

(1)

(A) was wounded, gassed, injured, or disabled in the line of duty during time of war while in the service of the military or naval forces of the United States; and

(B) was honorably discharged or separated from that service or is still in active service in the Armed Forces of the United States; or

(2)

(A) was disabled while serving with any of the Armed Forces of a country associated with the United States as an ally during any of its war periods;

(B) is a citizen of the United States; and

(b)No Honorary Memberships.—An honorary membership may not be granted.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1344.)

§ 50304. Powers

The corporation may—

(1) adopt a constitution, bylaws, and regulations to carry out the purposes of the corporation;

(2) adopt and alter a corporate seal;

(3) adopt emblems and badges;

(4) establish and maintain offices to conduct its activities;

(5) establish State and territorial organizations and local chapter or post organizations;

(6) acquire, own, lease, encumber, and transfer property as necessary to carry out the purposes of the corporation;

(7) publish a newspaper and other publications devoted to the purposes of the corporation;

(8) sue and be sued; and

(9) do any other act necessary or proper to carry out the purposes of the corporation.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1344.)

§ 50305. Exclusive right to name

The corporation and its State and local subdivisions have the exclusive right to use the name “Disabled American Veterans”.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1344.)

§ 50306. Restrictions

The corporation shall be nonpolitical and nonsectarian, and may not promote the candidacy of an individual seeking public office.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1345.)

§ 50307. Service of process

As a condition to the exercise of any power or privilege granted by this chapter, the corporation shall file, with the secretary of state or other designated official of each State in which a chapter is organized, the name and address of an agent in that State on whom legal process or demands against the corporation may be served.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1345.)

§ 50308. Annual report

Not later than January 1 of each year, the corporation shall submit a report to Congress on the activities of the corporation during the prior fiscal year.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1345.)

§ 50309. Dissolution

On dissolution or final liquidation of the corporation, any assets remaining after the discharge or satisfactory provision for the discharge of all liabilities shall be transferred to the Secretary of Veterans Affairs for the care of disabled veterans.

(Added Pub. L. 114–135, § 1(b), Mar. 18, 2016, 130 Stat. 300.)