§ 2205. Membership

Eligibility for membership in the corporation and the rights and privileges of members shall be as provided in the bylaws of the corporation. (Pub. L. 97-427, § 5, Jan. 8, 1983, 96 Stat. 2265.) § 2206. Board of directors

The board of directors of the corporation and the responsibilities thereof shall be as provided in the articles of incorporation of the corporation and in conformity with the laws of the State or States in which it is incorporated. (Pub. L. 97-427, § 6, Jan. 8, 1983, 96 Stat. 2265.)

§ 2207. Officers

The officers of the corporation, and the election of such officers shall be as is provided in the articles of incorporation of the corporation and in conformity with the laws of the State or States wherein it is incorporated.

(Pub. L. 97-427, § 7, Jan. 8, 1983, 96 Stat. 2266.)

§ 2208. Restrictions on corporate powers

(a) Distribution of corporate income or assets

No part of the income or assets of the corporation shall inure to any member, officer, or director of the corporation or be distributed to any such person during the life of this charter. Nothing in this subsection shall be construed to prevent the payment of reasonable compensation to the officers of the corporation or reimbursement for actual necessary expenses in amounts approved by the board of directors. (b) Loans

The corporation shall not make any loan to any officer, director, or employee of the corporation.

(c) Political activities

The corporation and any officer and director of the corporation, acting as such officer or director, shall not contribute to, support or otherwise participate in any political activity or in any manner attempt to influence legislation. (d) Issuance of stock; dividends

The corporation shall have no power to issue any shares of stock nor to declare or pay any dividends.

(e) Claim of approval or authorization

The corporation shall not claim congressional approval or Federal Government authority for any of its activities.

(Pub. L. 97-427, § 8, Jan. 8, 1983, 96 Stat. 2266.) § 2209. Liability for acts of officers and agents

The corporation shall be liable for the acts of its officers and agents when acting within the scope of their authority.

(Pub. L. 97-427, § 9, Jan. 8, 1983, 96 Stat. 2266.)

§ 2210. Books and records; inspection

The corporation shall keep correct and complete books and records of account and shall keep minutes of any proceeding of the corporation involving any of its members, the board of directors, or any committee having authority under the board of directors. The corporation shall keep at its principal office a record of the names and addresses of all members having the right of vote. All books and records of such corporation may be inspected by any member having the right to vote, or by any agent or attorney of such member, for any proper purpose, at any reasonable time. Nothing in this section shall be construed to contravene any applicable State law.

(Pub. L. 97-427, § 10, Jan. 8, 1983, 96 Stat. 2266.) § 2211. Annual report

The corporation shall report annually to the Congress concerning the activities of the corporation during the preceding fiscal year. Such annual report shall be submitted at the same time as is the report of the audit required by section 1101(59) of this title. The report shall not be printed as a public document.

(Pub. L. 97-427, § 12, Jan. 8, 1983, 96 Stat. 2266.)

§ 2212. Reservation of right to amend or repeal chap

ter

The right to alter, amend, or repeal this chapter is expressly reserved to the Congress. (Pub. L. 97-427, § 13, Jan. 8, 1983, 96 Stat. 2267.) § 2213. "State" defined

For purposes of this chapter, the term "State" includes the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States. (Pub. L. 97-427, § 14, Jan. 8, 1983, 96 Stat. 2267.) § 2214. Tax-exempt status

The corporation shall maintain its status as an organization exempt from taxation as provided in title 26. If the corporation fails to maintain such status, the charter granted hereby shall expire.

(Pub. L. 97-427, § 15, Jan. 8, 1983, 96 Stat. 2267.) § 2215. Failure to comply with restrictions or provisions

If the corporation shall fail to comply with any of the restrictions or provisions of this chapter 2 the charter granted hereby shall expire.

(Pub. L. 97-427, § 16, Jan. 8, 1983, 96 Stat. 2267.)

'So in original. Probably should be "to".

'So in original. Probably should be followed by a comma.

T. 10, 1204, 1362, T. 33,

T. 10, § 1201-1203,

857a, T. 42, § 213a

T. 10, 1210, 1372, 1373, 1401,

1402, T. 33, § 857a, T. 42,

§ 2138

T. 10,

§ 857a, T. 42, § 213a

T. 10,

33, 857a, T. 42, § 2138 T. 10, 1209, T. 33, § 857a, T. 42, § 2138

T. 10, 1403, T. 33, § 857a, T. }

42. § 213a

T. 10, 1215, T. 33, § 857a, T. 42, § 213a

T. 10, § 1212, T. 33, § 857a, T. 42, § 213a

T. 10, 1210, T. 33, § 857a, T. 42, § 213a

T. 10, 1211, T. 33, § 857a, T. 42, § 213a

T. 10, 1207, T. 33, § 857a, T. 42, § 213a

T. 10, 1372, 1373, T. 33, § 857a, T. 42, § 213a

T. 10, 1213, T. 33, § 857a, T. 42, § 213a

Rep.

§ 857a, T. 42, § 213a

T. 33,

§ 857a, T. 42, § 213a

T.

1210, 1401, T. 33,

1201, 1204, 1210, T.

Page 175

Sec. 101.

CHAPTER 1-DEFINITIONS

Definitions.

§ 101. Definitions

In addition to the definitions in sections 1-5 of title 1, for the purposes of this title

(1) "United States", in a geographic sense, means the States and the District of Columbia;

(2) "possessions" includes the Canal Zone, Guam, American Samoa, and the guano islands;

(3) "uniformed services" means the Army, Navy, Air Force, Marine Corps, Coast Guard, National Oceanic and Atmospheric Administration, and Public Health Service;

(4) "armed forces" means the Army, Navy, Air Force, Marine Corps, and Coast Guard; (5) "Secretary concerned” means

(A) the Secretary of the Army, with respect to matters concerning the Army;

(B) the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Navy;

(C) the Secretary of the Air Force, with respect to matters concerning the Air Force;

(D) the Secretary of Transportation, with respect to matters concerning the Coast Guard when it is not operating as a service in the Navy;

(E) the Secretary of Commerce, with respect to matters concerning the National Oceanic and Atmospheric Administration; and

(F) the Secretary of Health and Human Services, with respect to matters concerning the Public Health Service;

(6) "National Guard" means the Army National Guard and the Air National Guard;

(7) "Army National Guard" means that part of the organized militia of the several States, Puerto Rico, Guam, the Canal Zone, the Virgin Islands, and the District of Columbia, active and inactive, that

(A) is a land force;

(B) is trained, and has its officers appointed, under the sixteenth clause of section 8, article I, of the Constitution;

(C) is organized, armed, and equipped wholly or partly at Federal expense; and (D) is federally recognized;

(8) "Army National Guard of the United States" means the reserve component of the Army all of whose members are members of the Army National Guard;

(9) "Air National Guard" means that part of the organized militia of the several States, Puerto Rico, Guam, the Canal Zone, the Virgin Islands, and the District of Columbia, active and inactive, that

(D) is federally recognized;

(10) "Air National Guard of the United States" means the reserve component of the Air Force all of whose members are members of the Air National Guard;

(11) "officer" means commissioned or warrant officer;

(12) "commissioned officer" includes a commissioned warrant officer;

(13) "warrant officer" means a person who holds a commission or warrant in a warrant officer grade;

(14) "enlisted member" means a person in an enlisted grade;

(15) "grade" means a step or degree, in a graduated scale of office or rank, that is established and designated as a grade by law or regulation;

(16) "rank" means the order of precedence among members of the uniformed services;

(17) "rating" means the name (such as "boatswain's mate") prescribed for members of a uniformed service in an occupational field; "rate" means the name (such as "chief boatswain's mate") prescribed for members in the same rating or other category who are in the same grade (such as chief petty officer or seaman apprentice);

(18) "active duty" means full-time duty in the active service of a uniformed service, and includes full-time training duty, annual training duty, and attendance, while in the active service, at a school designated as a service school by law or by the Secretary concerned;

(19) "active duty for a period of more than 30 days" means active duty under a call or order that does not specify a period of 30 days or less;

(20) "active service" means service on active duty;

(21) "pay" includes basic pay, special pay, retainer pay, incentive pay, retired pay, and equivalent pay, but does not include allow

ances;

(22) "inactive-duty training" means

(A) duty prescribed for members of a reserve component by the Secretary concerned under section 206 of this title or any other law; and

(B) special additional duties authorized for members of a reserve component by an authority designated by the Secretary concerned and performed by them on a voluntary basis in connection with the prescribed training or maintenance activities of the units to which they are assigned;

and includes those duties when performed by members of a reserve component in their status as members of the National Guard, but does not include work or study in connection with a correspondence course of a uniformed service;

(23) "member" means a person appointed or enlisted in, or conscripted into, a uniformed service; and

(24) "reserve component" means

(A) the Army National Guard of the United States;

(B) the Army Reserve;

(C) the Naval Reserve;

(D) the Marine Corps Reserve;

(E) the Air National Guard of the United States;

(F) the Air Force Reserve;

(G) the Coast Guard Reserve; or

(H) the Reserve Corps of the Public Health Service.

(25) “regular compensation” or “regular military compensation (RMC)" means the total of the following elements that a member of a uniformed service accrues or receives, directly or indirectly, in cash or in kind every payday: basic pay, basic allowance for quarters (including any variable housing allowance or station housing allowance), basic allowance for subsistence; and Federal tax advantage accruing to the aforementioned allowances because they are not subject to Federal income tax.

(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 451; Pub. L. 89-718, § 49(a)(1), Nov. 2, 1966, 80 Stat. 1121; Pub. L. 90-623, § 3(1), Oct. 22, 1968, 82 Stat. 1314; Pub. L. 92-492, § 3, Oct. 13, 1972, 86 Stat. 810; Pub. L. 93-419, § 1, Sept. 19, 1974, 88 Stat. 1152; Pub. L. 96-513, title V, §§ 506(1), 516(1), Dec. 12, 1980, 94 Stat. 2918, 2937; Pub. L. 96-579, § 11, Dec. 23, 1980, 94 Stat. 3368; Pub. L. 96-600, § 3(b), Dec. 24, 1980, 94 Stat. 3494.) HISTORICAL AND REVISION NOTES

The definitions in clauses (1) and (2), (6)-(10), (14)-(21), and (24) reflect the adoption of terminology which, though undefined in the source statutes restated in this revised title, represent the closest practicable approximation of the ways in which the terms defined have been most commonly used, and so far as possible are identical to those used in title 10, United States Code, containing most of the basic law relating to the armed forces.

In clause (3), the words "and all Regular and Reserve components thereof", in section 231(a) of existing title 37, are omitted as surplusage. Section 231(j) of existing title 37 is omitted as covered by section 1 of title 1.

In clause (4), that part of section 32(a) of existing title 37 relating other than to the enumeration of the

armed forces is omitted as unnecessary. Section 231(k) of existing title 37 is omitted, since throughout the revised title references to members of the Army or Air Force without specification of component are specifically included when necessary.

In clause (11), the words "flight officer" are omitted as obsolete. Section 231(c) (last sentence) of existing title 37 is omitted as unnecessary.

In clause (12), the definition of commissioned officer is broadened and restated to conform to the definition in section 101(15) of title 10. Corresponding changes are made throughout the revised title to correspond to the definition.

Clause (13), which is identical to section 101(16) of title 10, is substituted for section 231(e) of existing title 37. The words "flight officer" are omitted as obsolete. Section 231(h) of existing title 37 is omitted, since the defined term is not used in the revised title. Clause (22) is substituted for section 231(i) of existing title 37.

In clause (23), section 231(b) (less 1st sentence) of existing title 37 is omitted as executed by the express coverage of members of the Fleet Reserve and Fleet Marine Corps Reserve.

REFERENCES IN TEXT

For definition of Canal Zone, referred to in cls. (7) and (9), see section 3602(b) of Title 22, Foreign Relations and Intercourse.

AMENDMENTS

1980-Cl. (3). Pub. L. 96-513, § 516(1)(A), substituted "National Oceanic and Atmospheric" for "Environmental Science Services".

Cl. (5)(E). Pub. L. 96-513, § 516(1)(A), substituted "National Oceanic and Atmospheric" for "Environmental Science Services".

Cl. (5)(F). Pub. L. 96-513, § 516(1)(B), substituted "Health and Human Services" for "Health, Education, and Welfare".

Cls. (7), (9). Pub. L. 96-600 added references to Guam wherever appearing.

Cl. (18). Pub. L. 96-513, § 506(1), struck out “duty on the active list," following “and includes".

Cl. (25). Pub. L. 96-579 defined "regular compensation" or "regular military compensation (RMC)" to include with respect to basic allowance for quarters any variable housing allowance or station housing allow

ance.

1974-Cl. (25). Pub. L. 93-419 added cl. (25).

1972-Cls. (7), (9). Pub. L. 92-492 added references to the Virgin Islands.

1968-Cl. (5)(D). Pub. L. 90-623 substituted "Secretary of Transportation" for "Secretary of the Treasury".

1966-Cls. (3) and (5)(E). Pub. L. 89-718 substituted "Environmental Science Services Administration" for "Coast and Geodetic Survey".

EFFECTIVE DATE OF 1980 AMENDMENT Amendment by section 506(1) of Pub. L. 96-513 effective Sept. 15, 1981, see section 701 of Pub. L. 96-513, set out as a note under section 101 of Title 10, Armed Forces.

Amendment by section 516(1) of Pub. L. 96-513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96-513.

EFFECTIVE DATE OF 1974 AMENDMENT Amendment by Pub. L. 93-419 effective Sept. 19, 1974, see section 9 of Pub. L. 93-419, set out as an Effective Date note under section 1009 of this title.

EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90-623 intended to restate without substantive change the law in effect on Oct.