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TITLE 36.-PATRIOTIC SOCIETIES AND OBSERVANCES

43. Paralyzed Veterans of America [New]...

Sec. 1151

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Pub. L. 92-77, title V, § 501, Aug. 10, 1971, 85 Stat. 264; Pub. L. 92-544, title V, § 501, Oct. 25, 1972, 86 Stat. 1128; Pub. L. 93-162, title V, § 501, Nov. 27, 1973, 87 Stat. 653.)

§ 125. Erection of war memorials. (a) Cooperation with States, etc.

The Commission is authorized to cooperate with American citizens, States, municipalities, or associations desiring to erect war memorials outside the continental limits of the United States in such manner as may be determined by the Commission: Provided, That no assistance in erecting any such memorial shall be given by any administrative agency of the United States unless the plan has been approved in accordance with the provisions of sections 121, 122b, 123 to 125, 127, 128, 131, 132, and 138 to 138b of this title.

(b) Control, administration, and maintenance of war memorials by the Commission.

(1) The Commission is authorized, in its discretion, to assume responsibility for the control, administration, and maintenance of any war memorial erected before, on, or after the effective date of this subsection outside the United States by an American citizen, a State, a political subdivision of a State, any other non-Federal governmental agency, foreign agency, or private association to commemorate the services of any of the American Armed Forces in hostilities occurring since April 6, 1917, if (A) the memorial is not erected on the territory of the former enemy concerned, and (B) the sponsors of the memorial consent to the Commission assuming such responsibilities and transfer to the Commission all their right, title, and interest in the memorial. If reasonable effort fails to locate the sponsors of a memorial, the Commission may assume responsibility therefor under this subsection by agreement with the appropriate foreign authorities. A decision of the Commission to assume responsibility for any war memorial under this subsection is final.

(2) Any funds accumulated by the sponsors for the maintenance and repair of a war memorial for which the Commission assumes responsibility under this subsection may be transferred to the Commission for use in carrying out the purpose of sections 121, 122b, 123 to 125, 127, 128, 131, 132, and 138 to 138b of this title. Any such funds so transferred shall be deposited by the Commission in the manner provided for in section 128 of this title.

(c) Demolition of war memorials erected on foreign soils and other functions of the Commission. The Commission is authorized to take necessary measures to demolish any war memorial erected Page 1391

on foreign soil by an American citizen, a State, a political subdivision of a State, any other non-Federal governmental agency, foreign agency, or private association and to dispose of the site of such memorial in such manner as it deems proper, if—

(1) the appropriate foreign authorities agree to such demolition; and

(2) the sponsors of the memorial consent to such demolition; or

(3) the memorial has fallen into disrepair and a reasonable effort on the part of the Commission has failed

(A) to persuade the sponsors to maintain the memorial at a standard acceptable to the Commission, or

(B) to locate the sponsors.

(d) Definition.

As used in this section, the term "sponsors" includes the legal successors to the sponsor. (As amended Jan. 2, 1974, Pub. L. 93-244, 87 Stat. 1070.)

REFERENCES IN TEXT

The effective date of this subsection, referred to in subsec. (b)(1), is the effective date of Pub. L. 93-244, which was approved on Jan. 2, 1974.

AMENDMENTS

1974-Pub. L. 93-244 designated existing provisions as subsec. (a) and added subsecs. (b)-(d).

Sec. 142a.

Chapter 9.-NATIONAL OBSERVANCES

Third Sunday in June designated as Father's Day; display of flags on buildings; observance [New].

§ 142a. Third Sunday in June designated as Father's Day; display of flags on buildings; observance. The third Sunday in June of each year is hereby designated as "Father's Day". The President is authorized and requested to issue a proclamation calling on the appropriate Government officials to display the flag of the United States on all Government buildings on such day, inviting the governments of the States and communities and the people of the United States to observe such day with appropriate ceremonies, and urging our people to offer public and private expressions of such day to the abiding love and gratitude which they bear for their fathers. (Pub. L. 92-278, Apr. 24, 1972, 86 Stat. 124.)

Chapter 10.-PATRIOTIC CUSTOMS

§ 174. Same; time and occasions for display; hoisting and lowering.

PROC. No. 4064. DISPLAY OF FLAGS AT THE WASHINGTON MONUMENT

Proc. No. 4064, July 6, 1971, 36 F.R. 12967, provided: The Washington Monument stands day and night as America's tribute to our first President. The fifty American flags that encircle the base of the Monument represent our fifty States and, at the same time, symbolize our enduring Federal Union.

As this Nation's 200th year approaches, I believe that it would do all Americans well to remember the years of

our first President and to recall the enduring ideals of our Nation.

As an expression of our rededication to the ideals of America and in accordance with the joint resolution of Congress of June 22, 1942 (56 Stàt. 377), as amended by the joint resolution of December 22, 1942, (56 Stat. 1074) [this section], which permits the flag to be displayed at night "upon special occasions when it is desired to produce a patriotic effect," it is appropriate that our national colors henceforth be displayed day and night at the Washington Monument.

NOW, THEREFORE, I, RICHARD NIXON, President of the United States of America, do hereby proclaim that, effective July 4, 1971, the fifty flags of the United States of America displayed at the Washington Monument in the District of Columbia be flowned at all times during the day and night, except when the weather is inclement.

The rules and customs pertaining to the display of the flag as set forth in the joint resolution of June 22, 1942, as amended [section 173 et seq. of this title], are hereby modified accordingly.

IN WITNESS WHEREOF, I have hereunto set my hand this sixth day of July, in the year of our Lord nineteen hundred seventy-one, and of the Independence of the United States of America the one hundred ninety-sixth.

RICHARD NIXON.

PROC. NO. 4131. DISPLAY OF FLAG AT UNITED STATES CUSTOMS PORTS OF ENTRY

Proc. No. 4131, May 5, 1972, 37 F.R. 9311, provided: The flag of the United States should be one of the first things seen at our Customs ports of entry, both by American citizens returning from abroad and by travelers from other countries.

As the symbol of our country and our freedoms, the national colors of the United States provide a welcome greeting of warm promise.

Many people, however, enter our country at night when the flag is not flown, because of the nearly universal custom of displaying it only from sunrise to sunset.

Authority exists to amend that custom. A Congressional Joint resolution of June 22, 1942 (56 Stat. 377), as amended (36 U.S.C. 173-178), permits the flag to be displayed at night "upon special occasions when it is desired to produce a patriotic effect."

I believe it is appropriate that returning citizens and visitors from other countries be welcomed by our flag whether they arrive at their ports of entry by night or by day.

Now, THEREFORE, I, RICHARD NIXON, President of the United States of America, do hereby proclaim that the flag of the United States of America shall hereafter be displayed at all times during the day and night, except when the weather is inclement, at United States Customs ports of entry which are continually open.

The rules and customs pertaining to the display of the flag, as set forth in the joint resolution of June 22, 1942, as amended, are hereby modified accordingly.

IN WITNESS WHEREOF, I have hereunto set my hand this fifth day of May, in the year of our Lord nineteen hundred seventy-two, and of the Independence of the United States of America the one hundred ninety-sixth.

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Sec. 1157.

1158.

1159.

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1161.

1162.

1163.

1164.

1165.

1166. 1167.

Membership.

Principal office; scope of activities.

Use of assets upon dissolution or liquidation. Exclusive right to name, emblems, seals and badges. Books and records; inspection.

Resident agents.

Extension of privileges and rights granted under
other laws.

Distribution of income or assets to members; loans.
Liability for acts of officers and agents.
Audit of accounts.

Reservation of right to amend or repeal chapter.

§ 1151. Corporation created.

The following persons, to wit: Burton Little, Chickasaw, Alabama; Tom Goggin, Phoenix, Arizona; Leonard Chrysler, Los Altos, California; Wayne L. Capson, Garden Grove, California; George Boschet, Silver Spring, Maryland; Robert Classon, New York, New York; Edward G. Maxwell, Miami, Florida; Claude C. Beckham, Irmo, South Carolina; Benny Tschetter, Sioux Falls, South Dakota; Frederick T. Gill, Valley Station, Kentucky; Lee M. Gresham, Wixom, Michigan; Conrad M. Standinger, Memphis, Tennessee; Curley Gullet, Denver, Colorado; Charles Swartz, Marblehead, Massachusetts; Bolivar Rivera, Rio Piedras, Puerto Rico; James Schwiem, Pasadena, Texas; Robert T. Kiggins, Pittsburgh, Pennsylvania; Glenn E. Mayer, Hines, Пlinois; John Novak, Richmond, Virginia; and such other persons as are members of the Paralyzed Veterans of America, and their associates and successors, are hereby created and declared to be a body corporate by the name of Paralyzed Veterans of America (hereinafter referred to as the "corporation"). (Pub. L. 92-93, § 1, Aug. 11, 1971, 85 Stat. 317.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1152 of this title.

§ 1152. Completion of organization.

The persons named in section 1151 of this title, or their successors, are hereby authorized to complete the organization of the corporation by the selection of officers, the adoption of a constitution and bylaws, and the doing of such other acts as may be necessary for such purpose. (Pub. L. 92–93, § 2, Aug. 11, 1971, 85 Stat. 317.)

§ 1153. Purposes of corporation.

The objects and purposes of the corporation shall be

(a) to preserve the great and basic truths and enduring principles upon which this Nation was founded;

(b) to form a national association for the benefit of persons who have suffered injuries or diseases of the spinal cord;

(c) to acquaint the public with the needs and problems of paraplegics;

(d) to promote medical research in the several fields connected with injuries and diseases of the spinal cord, including research in neurosurgery and orthopedics and in genitourinary and orthopedic appliances; and

(e) to advocate and foster complete and effective reconditioning programs for paraplegics, including a thorough physical reconditioning program, physiotherapy, competent walking instruc

tions, adequate guidance (both vocational and educational), academic and vocational education (both in hospitals and in educational institutions), psychological orientation and readjustment to family and friends, and occupational therapy (both functional and diversional).

(Pub. L. 92-93, § 3, Aug. 11, 1971, 85 Stat. 317.)

§ 1154. Powers of corporation.

The corporation shall have perpetual succession and shall have power

(a) to sue and be sued;

(b) to acquire, hold, and dispose of such real and personal property as may be necessary to carry out the corporate purposes;

(c) to make and enter into contracts;

(d) to accept gifts, legacies, and devises which will further the corporate purposes;

(e) to borrow money for the purposes of the corporation, issue bonds therefor, and secure the same by mortgage, subject in every case to all applicable provisions of Federal and State law;

(f) to adopt and alter a corporate seal; (g) to establish, regulate, and discontinue subordinate State and regional organizations and local chapters or posts;

(h) to choose such officers, representatives, and agents as may be necessary to carry out the corporate purposes;

(i) to establish and maintain offices for the conduct of the affairs of the corporation;

(j) to adopt and alter a constitution and bylaws not inconsistent with law;

(k) to publish a newspaper, magazine, or other publications;

(1) to adopt and alter emblems and badges; and (m) to do any and all acts and things necessary and proper to accomplish the objects and purposes of the corporation.

(Pub. L. 92-93, § 4, Aug. 11, 1971, 85 Stat. 317.)

§ 1155. Prohibition against issuance of stock and engaging in profitable business.

The corporation shall have no power to issue capital stock or engage in business for pecuniary profit or gain. (Pub. L. 92-93, § 5, Aug. 11, 1971, 85 Stat. 318.)

§ 1156. Nonpolitical nature of corporation.

The corporation shall be nonpolitical and, as an organization, shall not furnish financial aid to, or otherwise promote the candidacy of, any person seeking public office. (Pub. L. 92-93, § 6, Aug. 11, 1971, 85 Stat. 318.)

§ 1157. Membership.

Any American citizen shall be eligible for membership in the corporation who was regularly enlisted, inducted, or commissioned, and who was accepted for, or was on, active duty in the Army, Navy, Marine Corps, Air Force, or Coast Guard of the United States, or our allies. Service with the Armed Forces must have been terminated by discharge or separation from service under conditions other than dishonorable: Provided, however, That persons otherwise eligible for membership who are on active duty or who must continue to serve after the cessation of

hostilities are also eligible for membership: And, provided further, That membership shall be limited to such persons as have suffered spinal cord injuries or diseases whether service connected or nonservice connected in origin. (Pub. L. 92-93, § 7, Aug. 11, 1971, 85 Stat. 318.)

§ 1158. Principal office; scope of activities.

The headquarters and principal place of business of said corporation shall be located in the District of Columbia, but the activities of said organization, as set out herein, shall not be confined to said city, but shall be conducted throughout the several States and any territory or possession of the United States. (Pub. L. 92-93, § 8, Aug. 11, 1971, 85 Stat. 318.)

§ 1159. Use of assets upon dissolution or liquidation. In the event of a final dissolution or liquidation of such corporation, and after the discharge or satisfactory provisions for the discharge of all its liabilities, the remaining assets of the said corporation shall be transferred to the Veterans' Administration to be applied to the care and comfort of paralyzed veterans. (Pub. L. 92-93, § 9, Aug. 11, 1971, 85 Stat. 318.)

§ 1160. Exclusive right to name, emblems, seals and badges.

The corporation and its State and regional organizations and local chapters or posts shall have the sole and exclusive right to have and use in carrying out its purposes the name "Paralyzed Veterans of America," and such seals, emblems, and badges as the corporation may lawfully adopt. (Pub. L. 92-93, § 10, Aug. 11, 1971, 85 Stat. 318.)

§ 1161. Books and records; inspection.

The corporation shall keep correct and complete books and records of account and shall also keep minutes of the proceedings of its members, executive committee, and committee, having any of the authority of the executive committee; and shall keep at its registered office or principal office a record giving the names and addresses of its members entitled to vote; and permit all books and records of the corporation to be inspected by any member or his agent or his attorney for any proper purpose at any reasonable time. (Pub. L. 92-93, § 11, Aug. 11, 1971, 85 Stat. 318.)

§ 1162. Resident agents.

As a condition precedent to the exercise of any power or privilege herein granted or conferred, the corporation shall file in the office of the Secretary of each State or of any territory or possession of the United States, in which organizations, chapters, or posts may be organized, the name and post office address of an authorized agent upon whom local process or demands against the corporation may be served. (Pub. L. 92-93, § 12, Aug. 11, 1971, 85 Stat. 318.)

§ 1163. Extension of privileges and rights granted under other laws.

Such provisions, privileges, and prerogatives as have been granted heretofore to other national veterans' organizations by virtue of their being incorporated by Congress are hereby granted and accrue

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to the Paralyzed Veterans of America. (Pub. L. 92– 93, § 13, Aug. 11, 1971, 85 Stat. 319.)

§ 1164. Distribution of income or assets to members; loans.

(a) No part of the income or assets of the corporation shall inure to any member, director, officer, or employee of the corporation or be distributable to any person during the life of the corporation or upon its dissolution or final liquidation. Nothing in this subsection, however, shall be construed to prevent the payment of reasonable compensation to officers and employees of the corporation or to prevent their reimbursement for actual necessary expenses in amounts approved by the corporation's board of directors.

(b) The corporation shall not make loans to its members, officers, directors, or employees. Any director who votes for or assents to the making of such a loan, and any officer who participates in the mak

ing of such a loan, shall be jointly and severally liable to the corporation for the amount of such loan until the repayment thereof. (Pub. L. 92-93, § 14, Aug. 11, 1971, 85 Stat. 319.)

§ 1165. 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. 92–93, § 15, Aug. 11, 1971, 85 Stat. 319.)

§ 1166. Audit of accounts.

The provisions of sections 1102 and 1103 of this title shall apply with respect to the corporation. (Pub. L. 92-93, § 16, Aug. 11, 1971, 85 Stat. 319.)

§ 1167. Reservation of rights to amend or repeal chapter.

The right to alter, amend, or repeal this chapter is hereby expressly reserved. (Pub. L. 92–93, § 17, Aug. 11, 1971, 85 Stat. 319.)

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TITLE 37.-PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

This title was enacted by Pub. L. 87-649, § 1, Sept. 7, 1962, 76 Stat. 451

Chapter 1.-DEFINITIONS

§ 101. Definitions.

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

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

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

(As amended Pub. L. 92-492, § 3, Oct. 13, 1972, 86 Stat. 810.)

AMENDMENTS

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

TRANSFER OF FUNCTIONS

The effective date of Reorg. Plan No. 4 of 1970, referred to in the note under this section in the 1970 ed. of the Code, is Oct. 3, 1970, and not Oct. 30, 1970, as shown therein.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 10 section 2774; title 32 section 716; title 42 section 1594j-1.

Chapter 3.-BASIC PAY

§ 202. Pay grades: assignment to; rear admirals of upper half; officers holding certain positions in the Navy.

(f) The number of rear admirals on the active list of the Coast Guard entitled to the basic pay of a rear admiral of the upper half is one-half of the number of officers on the active list in grades above captain, less the number of officers serving in grades above rear admiral. If the division results in an odd number, the odd number shall be placed in the upper half. However, an officer who is entitled to the basic pay of a rear admiral of the upper half may not have his basic pay reduced solely because the number of rear admirals is reduced.

(As amended Pub. L. 92-451, § 2, Oct. 2, 1972, 86 Stat. 757.)

AMENDMENTS

1972 Subsec. (f). Pub. L. 92-451 struck out "Except for those whose basic pay is otherwise specifically authorized by law," and substituted "in grades above captain, less the number of officers serving in grades above rear admiral", for "in that grade" in the first sentence.

EFFECTIVE DATE OF 1972 AMENDMENT

Amendment by Pub. L. 92-451 effective Oct. 2, 1972, except that continuation boards may not be held until one year thereafter, see section 3 of Pub. L. 92-451, set out as a note under section 290 of Title 14, Coast Guard.

§ 203. Rates.

(a) The rates of monthly basic pay for members of the uniformed services within each pay grade are set forth in the following tables:

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