§190104 — Title 36 Patriotic and National Observances | U.S. Code

Summary

The organization must hold a national convention every year. Delegates to that convention are chosen by the different departments. The national executive committee runs the organization. It includes the president, the president elect, the last past president, 3 vice presidents, 3 junior vice presidents, at least 3 national executive committee members, and the executive director. All of those people can vote on committee matters except the president elect and the executive director. Officers include a president, a president elect, 3 vice presidents, 3 junior vice presidents, at least 3 national executive committee members, an executive director, a national treasurer, a judge advocate, and any others the constitution names. Most national officers are elected and take office at the annual convention. The executive director, national treasurer, judge advocate, and any other officers the constitution names are appointed by the national executive committee. Elected officers serve for one year or until their successors qualify. If a committee spot (other than president, president elect, or last past president) becomes empty, the current committee fills it until the next national convention, when a successor is elected for any remaining term. If the president is absent or the job is empty, the national vice president from the same service steps in as president.

Title 36, §190104

Patriotic and National Observances — Source: USLM XML via OLRC

(a)The corporation shall hold an annual national convention. The national convention shall be composed of delegates elected by the various departments.

(b)(1)The national executive committee is the governing body of the corporation.

(2)The national executive committee consists of the president, the president elect, the last past president, 3 vice presidents, 3 junior vice presidents, a minimum of 3 national executive committee members, and the executive director. Each of these individuals, except the president elect and the executive director, has one vote on each matter decided by the committee.

(c)(1)The officers of the corporation are a president, a president elect, 3 vice presidents, 3 junior vice presidents, a minimum of 3 national executive committee members, an executive director, a national treasurer, a judge advocate, and other officers specified in the constitution of the corporation.

(2)The national officers of the corporation shall be elected and take office at the annual national convention, except for the executive director, the national treasurer, the judge advocate, and any other national officers specified in the constitution of the corporation, who shall be appointed by the national executive committee.

(3)The elected officers shall hold office for one year or until their successors have been elected and qualified.

(d)(1)Except for the positions of president, president elect, and last past president, a vacancy on the national executive committee shall be filled by the existing members of the committee. An individual appointed by the committee to fill a vacancy serves until the next national convention when the individual’s successor shall be elected for the unexpired term, if any, caused by the vacancy.

(2)If the president is absent or the office of president is vacant, the national vice president of the same service as the president shall act as president.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 190104(a)36:227(b) (1st sentence 12th–14th words), (c).June 30, 1950, ch. 431, §§ 6, 7(a)–(d), 64 Stat. 313. 190104(b)36:227(a), (d). 190104(c)(1)36:226. 190104(c)(2)36:227(b) (1st sentence 1st–14th words, 32d–last words). 190104(c)(3)36:227(b) (1st sentence 15th–31st words). 190104(d)(1)36:227(b) (2d, 3d sentences). 190104(d)(2)36:227(b) (last sentence). In subsection (a), the first sentence is added for clarity and is implied by 36:227(b) (12th–14th words). In subsection (b), the text of 36:227(d) is omitted as obsolete. In subsection (c)(3), the word “duly” is omitted as unnecessary. In subsection (d)(1), the words “In the event of the death, inability to serve, or resignation” are omitted as unnecessary. In subsection (d)(2), the words “If the president is absent or the office of president is vacant” are substituted for “in the event of his death, inability to serve, resignation, or absence”, and the words “act as president” are substituted for “assume the duties and have the powers of the president”, to eliminate unnecessary words.

Editorial Notes

Amendments

2009—Subsec. (b)(2). Pub. L. 111–113, § 2(a), inserted “the president elect,” after “the president,” and “a minimum of” before “3 national executive committee members,” and substituted “except the president elect and the executive director,” for “except the executive director,”. Subsec. (c)(1). Pub. L. 111–113, § 2(b)(1), inserted “a president elect,” after “a president,” and “a minimum of” before “3 national executive committee members,”, struck out “a surgeon, a chaplain, a historian, a public relations officer,” after “a judge advocate,”, and substituted “specified in the constitution of the corporation” for “as decided at the national convention”. Subsec. (c)(2). Pub. L. 111–113, § 2(b)(2), inserted “and take office” after “be elected” and substituted “the judge advocate, and any other national officers specified in the constitution of the corporation,” for “and the national public relations officer,”. Subsec. (d)(1). Pub. L. 111–113, § 2(c), substituted “president, president elect, and last past president,” for “president and last past president,”.

§190104 Governing body