Title 36 — Patriotic and National Observances, Ceremonies, and Organizations
Part B · Chapter 1901 — Reserve Officers Association of the United States
§ 190104. Governing body
Statutory text
National Convention.—
The corporation shall hold an annual national convention. The national convention shall be composed of delegates elected by the various departments.
National Executive Committee.—
The national executive committee is the governing body of the corporation.
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.
Officers.—
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.
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.
The elected officers shall hold office for one year or until their successors have been elected and qualified.
Vacancies.—
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.
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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 105–225 · 112 Stat. 1253
Enacted · 36 U.S.C. § 190104
Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1447
Source evidence
Code source credit
Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1447Reserve Officers Association Modernization Act of 2009
Pub. L. 111–113 § 2(a) · 123 Stat. 3026
Inserted · 36 U.S.C. § 190104(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,”
Substituted · 36 U.S.C. § 190104(b)(2)
Pub. L. 111–113, § 2(a), substituted “except the president elect and the executive director,” for “except the executive director,”
Source evidence
Code amendment note
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,”.Enacted provision · exact public law section
(a) National Executive Committee.— Section 190104(b)(2) of title 36, United States Code, is amended— (1) by inserting “the president elect,” after “the president,”; (2) by inserting “a minimum of” before “3 national executive committee members,”; and (3) by striking “except the executive director,” and inserting “except the president elect and the executive director,”.Reserve Officers Association Modernization Act of 2009
Pub. L. 111–113 § 2(b)(1) · 123 Stat. 3026
Inserted · 36 U.S.C. § 190104(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 · 36 U.S.C. § 190104(c)(1)
Pub. L. 111–113, § 2(b)(1), struck out “a surgeon, a chaplain, a historian, a public relations officer,” after “a judge advocate,”
Substituted · 36 U.S.C. § 190104(c)(1)
Pub. L. 111–113, § 2(b)(1), substituted “specified in the constitution of the corporation” for “as decided at the national convention”
Source evidence
Code amendment note
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”.Enacted provision · exact public law section
(1) in paragraph (1)— (A) by inserting “a president elect,” after “a president,”; (B) by inserting “a minimum of” before “3 national executive committee members,”; (C) by striking “a surgeon, a chaplain, a historian, a public relations officer,”; and (D) by striking “as decided at the national convention” and inserting “specified in the constitution of the corporation”; andReserve Officers Association Modernization Act of 2009
Pub. L. 111–113 § 2(b)(2) · 123 Stat. 3026
Inserted · 36 U.S.C. § 190104(c)(2)
Pub. L. 111–113, § 2(b)(2), inserted “and take office” after “be elected”
Substituted · 36 U.S.C. § 190104(c)(2)
Pub. L. 111–113, § 2(b)(2), substituted “the judge advocate, and any other national officers specified in the constitution of the corporation,” for “and the national public relations officer,”
Source evidence
Code amendment note
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,”.Enacted provision · exact public law section
(2) in paragraph (2)— (A) by inserting “and take office” after “be elected”; and (B) by striking “and the national public relations officer,” and inserting “the judge advocate, and any other national officers specified in the constitution of the corporation,”.Reserve Officers Association Modernization Act of 2009
Pub. L. 111–113 § 2(c) · 123 Stat. 3026
Substituted · 36 U.S.C. § 190104(d)(1)
Pub. L. 111–113, § 2(c), substituted “president, president elect, and last past president,” for “president and last past president,”
Source evidence
Code amendment note
Subsec. (d)(1). Pub. L. 111–113, § 2(c), substituted “president, president elect, and last past president,” for “president and last past president,”.Enacted provision · exact public law section
(c) Vacancies.— Section 190104(d)(1) of such title is amended by striking “president and last past president,” and inserting “president, president elect, and last past president,”.
8 of 9 references resolved to an enrolled provision · 1 partial
Notes
historicalAndRevision
| Historical and Revision Notes | ||
|---|---|---|
| RevisedSection | Source (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,”.
Credits
1998–2009 · 2 acts
- 1998Pub. L. 105–225, , 112 Stat. 1447
- 2009Pub. L. 111–113, § 2(a)–(c), , 123 Stat. 3026.
Show as published
(Pub. L. 105–225, , 112 Stat. 1447; Pub. L. 111–113, § 2(a)–(c), , 123 Stat. 3026.)