36 U.S.C.
United States Code, 1996 Edition
Title 36 - PATRIOTIC SOCIETIES AND OBSERVANCES
CHAPTER 14 - FUTURE FARMERS OF AMERICA
From the U.S. Government Publishing Office, www.gpo.gov

CHAPTER 14—FUTURE FARMERS OF AMERICA

Sec.
271.
Corporation created.
272.
Completion of organization.
273.
Objects and purposes of corporation.
274.
Powers of corporation.
275.
Headquarters and principal office; territorial scope of activities; agent for service of process.
276.
Membership; voting rights.
277.
National officers.
(a)
Composition.
(b)
Board of student officers.
(c)
Election.
(d)
Vote at national convention.
278.
Board of directors.
(a)
Composition.
(b)
Tenure.
(c)
Meetings.
(d)
Governing committee.
(e)
Transition board.
279.
Restrictions.
(a)
Distribution of income or assets to members.
(b)
Loans.
(c)
Prizes, awards, grants, or loans to student officers and members meeting criteria.
280.
Nonpolitical nature of corporation.
281.
Liability for acts of officers and agents.
282.
Prohibition against issuance of stock or payment of dividends.
283.
Books and records; inspection.
284.
Repealed.
285.
Use of assets on dissolution or liquidation.
286.
Exclusive right to name, emblems, seals, and badges.
287.
Agents for service of process.
288.
Availability of personnel, services, and facilities of Department of Education.
289.
Acquisition of assets and liabilities of existing corporation.
290.
Effective date.
291.
Reservation of right to amend or repeal chapter.

        

§271. Corporation created

The following persons: William T. Spanton, Washington, District of Columbia; Dudley M. Clements, College Park, Maryland; Herbert B. Swanson, Washington, District of Columbia; R. Edward Naugher, Arlington, Virginia; Elmer J. Johnson, Arlington, Virginia; Rodolph D. Anderson, Columbia, South Carolina; Earl H. Little, Concord, New Hampshire; Bert L. Brown, Olympia, Washington; and Ralph A. Howard, Columbus, Ohio, are created a body corporate by the name of Future Farmers of America (hereinafter referred to as the “corporation”) and by such name shall be known and have perpetual succession and the powers and limitations contained in this chapter.

(Aug. 30, 1950, ch. 823, §1, 64 Stat. 563.)

Section Referred to in Other Sections

This section is referred to in sections 272, 278, 290 of this title.

§272. Completion of organization

The persons named in section 271 of this title are authorized to meet to complete the organization of the corporation by the selection of officers, the adoption of regulations and bylaws, and the doing of such other acts as may be necessary for such purpose.

(Aug. 30, 1950, ch. 823, §2, 64 Stat. 563.)

§273. Objects and purposes of corporation

The objects and purposes of the corporation shall be—

(1) to create, foster, and assist subsidiary chapters composed of students and former students of vocational agriculture in public schools qualifying for Federal reimbursement under the Smith-Hughes Vocational Education Act [20 U.S.C. 11 et seq.] or the Vocational Education Act of 1946, and associations of such chapters in the several States and Territories of the United States;

(2) to develop character, train for useful citizenship, and foster patriotism, and thereby to develop competent, aggressive rural and agricultural leadership;

(3) to create and nurture a love of country life by encouraging members to improve the farm home and its surroundings, to develop organized rural recreational activities, and to create more interest in the intelligent choice of farming occupations;

(4) to encourage the practice of thrift;

(5) to procure for and distribute to State associations, local chapters, and members all official Future Farmers of America supplies and equipment;

(6) to publish an official magazine and other publications for the members of the corporation;

(7) to strengthen the confidence of farm boys and young men in themselves and their work, to encourage members in the development of individual farming programs, and to promote their permanent establishment in farming by (a) encouraging improvement in scholarship; (b) providing prizes and awards to deserving students who have achieved distinction in vocational agriculture, including farm mechanics activities on a local, State, or national basis; and (c) assisting financially, through loans or grants, deserving students in all-day vocational agriculture classes and young farmers under thirty years of age who were former students in all-day vocational agriculture classes in becoming satisfactorily established in a farming occupation; and

(8) to cooperate with others, including State boards for vocational education, in accomplishing the above purposes; and to engage in such other activities, consistent with the foregoing purposes, determined by the governing body to be for the best interests of the corporation.

(Aug. 30, 1950, ch. 823, §3, 64 Stat. 563.)

References in Text

The Smith-Hughes Vocational Education Act, referred to in par. (1), is act Feb. 23, 1917, ch. 114, 39 Stat. 929, as amended, which is classified to sections 11 to 15 and 16 to 28 of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 11 of Title 20 and Tables.

The Vocational Education Act of 1946, referred to in par. (1), is act June 8, 1936, ch. 541, 49 Stat. 1488, as amended, which was classified to sections 15h to 15ggg of Title 20, and was repealed by Pub. L. 90–576, title I, §103, Oct. 16, 1968, 82 Stat. 1091.

Section Referred to in Other Sections

This section is referred to in section 274 of this title.

§274. Powers of corporation

The corporation shall have power—

(1) to sue and be sued, complain, and defend in any court of competent jurisdiction;

(2) to adopt, use, and alter a corporate seal;

(3) to choose such officers, managers, agents, and employees as the business of the corporation may require;

(4) to adopt and alter bylaws and regulations, not inconsistent with the laws of the United States or any State in which such corporation is to operate, for the management of its property and the regulation of its affairs, including the establishment and maintenance of local chapters and State associations of chapters;

(5) to contract and be contracted with;

(6) to take and hold by lease, gift, purchase, grant, devise, or bequest any property, real or personal, necessary for attaining the objects and accomplishing the purposes of the corporation, subject to applicable provisions of law of any State (A) governing the amount or kind of real and personal property which may be held by, or (B) otherwise limiting or controlling the ownership of real and personal property by, a corporation operating in such State;

(7) to transfer and convey real or personal property;

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

(9) to use the corporate funds to give prizes, awards, loans, and grants to deserving students and young farmers for the purposes set forth in section 273 of this title;

(10) to publish a magazine and other publications;

(11) to procure for and distribute to State associations, local chapters, and members all official Future Farmers of America supplies and equipment;

(12) to adopt emblems and badges; and

(13) to do any and all acts and things necessary and proper to carry out the objects and purposes of the corporation.

(Aug. 30, 1950, ch. 823, §4, 64 Stat. 564.)

§275. Headquarters and principal office; territorial scope of activities; agent for service of process

The headquarters and principal offices of the corporation shall be located in the District of Columbia, but the activities of the corporation shall not be confined to that place but may be conducted throughout the various States, Territories, and possessions of the United States. The corporation shall maintain at all times in the District of Columbia a designated agent authorized to accept service of process for the corporation, such designation to be filed in the office of the clerk of the United States District Court for the District of Columbia. Notice to or service upon such agent, or mailed to the business address of such agent, shall be deemed sufficient notice or service upon the corporation.

(Aug. 30, 1950, ch. 823, §5, 64 Stat. 565.)

§276. Membership; voting rights

Eligibility for membership in the corporation and the rights and privileges of members shall, except as provided in this chapter, be determined according to the bylaws of the corporation. In the conduct of official business of any local chapter each member shall have one vote. In the conduct of the official business of any State association each qualified delegate of a local chapter shall have one vote.

(Aug. 30, 1950, ch. 823, §6, 64 Stat. 565.)

§277. National officers

(a) Composition

The national officers of the corporation shall be a student president, four student vice presidents (one from each of four regions of the United States established in the bylaws for purposes of administration of the corporation), a student secretary, an executive secretary, a treasurer, and a national advisor.

(b) Board of student officers

The national student officers of the corporation shall comprise a board of student officers. It shall be the duty of such board to advise and make recommendations to the board of directors with respect to the conduct of the activities and business of the corporation.

(c) Election

The national officers of the corporation shall be elected annually by a majority vote of the delegates assembled in the annual national convention from among qualified members of the corporation, except that the national advisor shall be the Secretary of Education, the executive secretary shall be a member of the Department of Education, and the treasurer shall be an employee or member of a State agency that directs or supervises a State program of agricultural education under the provisions of the Smith-Hughes Vocational Education Act [20 U.S.C. 11 et seq.] or the Vocational Education Act of 1946.

(d) Vote at national convention

In the conduct of the business of the annual national convention each qualified delegate shall have one vote.

(Aug. 30, 1950, ch. 823, §7, 64 Stat. 565; 1953 Reorg. Plan. No. 1, §§5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Oct. 17, 1979, Pub. L. 96–88, title III, §301(a)(1), (b)(2), title V, §507, 93 Stat. 677, 678, 692.)

References in Text

The Smith-Hughes Vocational Education Act, referred to in subsec. (c), is act Feb. 23, 1917, ch. 114, 39 Stat. 929, as amended, which is classified to sections 11 to 15 and 16 to 28 of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 11 of Title 20 and Tables.

The Vocational Education Act of 1946, referred to in subsec. (c), is act June 8, 1936, ch. 541, 49 Stat. 1488, as amended, which was classified to sections 15h to 15q, 15aa to 15jj, and 15aaa to 15ggg of Title 20, and was repealed by section 103 of Pub. L. 90–576, title I, Oct. 16, 1968, 82 Stat. 1091.

Transfer of Functions

“Secretary of Education” and “the Department of Education” substituted for “Chief of the Agricultural Education Service, Office of Education, Department of Health, Education, and Welfare” and “that service”, respectively, in subsec. (c), pursuant to sections 301(a)(1), (b)(2) and 507 of Pub. L. 96–88, which are classified to sections 3441(a)(1), (b)(2) and 3507 of Title 20, Education, and which transferred all functions of Office of Education to Secretary of Education and transferred Office of Education to Department of Education.

Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out in the Appendix to Title 5, Government Organization and Employees. Federal Security Agency and office of Administrator abolished by section 8 of the Reorg. Plan No. 1 of 1953.

§278. Board of directors

(a) Composition

The governing body of the corporation, which shall exercise the powers herein granted to the corporation, shall be a board of directors composed of: (1) the Secretary of Education, who shall act as chairman; (2) four staff members in the Department of Education; and (3) four State supervisors of agricultural education.

(b) Tenure

The terms of office of members of the board and the method of selection of such members, other than ex officio members, shall be prescribed by the bylaws of the corporation.

(c) Meetings

The board shall meet at least once each year at such time and place as may be prescribed by the bylaws. The annual report of the board shall be presented at such meeting. Special meetings of the board may be called at any time by the chairman.

(d) Governing committee

The board may designate the chairman and two members of his staff as a governing committee which, when the board is not in session, shall have and exercise the powers of the board subject to its direction and have the power to authorize the seal of the corporation to be affixed to all papers which may require it.

(e) Transition board

The board of directors which shall serve until the first board is selected as provided in this chapter shall be composed of the nine persons named in section 271 of this title.

(Aug. 30, 1950, ch. 823, §8, 64 Stat. 565; 1953 Reorg. Plan. No. 1, §§5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Oct. 17, 1979, Pub. L. 96–88, title III, §301(a)(1), (b)(2), title V, §507, 93 Stat. 677, 678, 692.)

Transfer of Functions

“Secretary of Education” and “Department of Education” substituted for “Chief of the Agricultural Education Service, Office of Education, Department of Health, Education, and Welfare” and “Agricultural Education Service, Office of Education, Department of Health, Education, and Welfare”, respectively, in subsec. (a), pursuant to sections 301(a)(1), (b)(2) and 507 of Pub. L. 96–88, which are classified to sections 3441(a)(1), (b)(2), and 3507 of Title 20, Education, and which transferred all functions of Office of Education to Secretary of Education and transferred Office of Education to Department of Education.

Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out in the Appendix to Title 5, Government Organization and Employees. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953.

§279. Restrictions

(a) Distribution of income or assets to members

No part of the income or assets of the corporation shall inure to any member, officer, or director, or be distributable to any such person except upon dissolution and final liquidation of the corporation as provided in section 285 of this title.

(b) Loans

The corporation shall not make loans to its officers, directors, or employees. Any director who votes for or assents to the making of a loan to an officer, director, or employee of the corporation, and any officer who participates in the making of such a loan shall be jointly and severally liable to the corporation for the amount of such loan until the repayment thereof.

(c) Prizes, awards, grants, or loans to student officers and members meeting criteria

This section shall not preclude prizes, awards, grants, or loans to student officers and members meeting the criteria established by the board of directors for selecting recipients of such benefits.

(Aug. 30, 1950, ch. 823, §9, 64 Stat. 566.)

§280. Nonpolitical nature of corporation

The corporation, and its members, officers, and directors, as such, shall not contribute to or otherwise support or assist any political party or candidate for elective public office.

(Aug. 30, 1950, ch. 823, §10, 64 Stat. 566.)

§281. 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.

(Aug. 30, 1950, ch. 823, §11, 64 Stat. 566.)

§282. Prohibition against issuance of stock or payment of dividends

The corporation shall have no power to issue any shares or stock, or to declare or pay any dividends, its objects and purposes being solely educational.

(Aug. 30, 1950, ch. 823, §12, 64 Stat. 566.)

§283. 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, the board of directors, and committees having any authority under the board of directors; and it shall also keep a record of the names and addresses of its members entitled to vote. All books and records of the corporation may be inspected by any member or his agent or attorney at any reasonable time.

(Aug. 30, 1950, ch. 823, §13, 64 Stat. 566.)

§284. Repealed. Pub. L. 88–504, §4(13), Aug. 30, 1964, 78 Stat. 637

Section, act Aug. 30, 1950, ch. 823, §14, 64 Stat. 566, related to audit of financial transactions and report of such audit to Congress. See sections 1101 to 1103 of this title.

§285. Use of assets on dissolution or liquidation

Upon final dissolution or liquidation of the corporation and after the discharge or satisfaction of all outstanding obligations and liabilities, the remaining assets of the corporation shall be used by the board of directors for the benefit of students of vocational agriculture, or be transferred to some recognized educational foundation.

(Aug. 30, 1950, ch. 823, §15, 64 Stat. 566.)

Section Referred to in Other Sections

This section is referred to in section 279 of this title.

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

The corporation, and its duly authorized chapters and associations of chapters, shall have the sole and exclusive right to use the name of Future Farmers of America and the initials FFA as representing an agricultural membership organization and such seals, emblems, and badges as the corporation may lawfully adopt.

(Aug. 30, 1950, ch. 823, §16, 64 Stat. 566.)

§287. Agents for service of process

As a condition precedent to the exercise of any power or privilege granted to the corporation under this chapter, the corporation shall file in the Office of the Secretary of State, or similar officer, in each State and in each Territory or possession of the United States in which subordinate associations or chapters are organized the name, and post office address of an authorized agent in such State, Territory, or possession upon whom legal process or demands against the corporation may be served.

(Aug. 30, 1950, ch. 823, §17, 64 Stat. 567.)

§288. Availability of personnel, services, and facilities of Department of Education

The Secretary of Education is authorized to make available personnel, services, and facilities of the Department of Education requested by the board of directors of the corporation to administer or assist in the administration of the business and activities of the corporation. The personnel of the Department of Education shall not receive any compensation from the corporation for their services, except that travel and other legitimate expenses as defined by the Secretary of Education and approved by the board of directors of the corporation may be paid. The Secretary of Education is also authorized to cooperate with the State boards for vocational education to assist in the promotion of the activities of the corporation.

(Aug. 30, 1950, ch. 823, §18, 64 Stat. 567; 1953 Reorg. Plan No. 1, §§5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Oct. 17, 1979, Pub. L. 96–88, title III, §301(a), (b)(2), title V, §507, 93 Stat. 677, 678, 692.)

Codification

The words “, with the approval of the Secretary of Health, Education, and Welfare,” which followed “Secretary of Education” the first time it appears and “, with the approval of the Secretary,” which followed “The Secretary of Education” the third time it appears have been omitted in view of transfer of functions (relating to education) of Secretary of Health, Education, and Welfare to Secretary of Education pursuant to sections 301(a) and 507 of Pub. L. 96–88, which are classified to sections 3441(a) and 3507 of Title 20, Education. This transfer would result in these phrases being redundant in that they would provide for the Secretary to obtain his own approval.

Transfer of Functions

“Secretary of Education” substituted for “United States Commissioner of Education”, “Commissioner of Education”, and “Commissioner” and “Department of Education” was substituted for “Office of Education” in text pursuant to sections 301(a)(1), (b)(2) and 507 of Pub. L. 96–88, which are classified to sections 3441(a)(1), (b)(2) and 3507 of Title 20, Education, and which transferred all functions of Commissioner of Education to Secretary of Education and transferred Office of Education to Department of Education.

Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out in the Appendix to Title 5, Government Organization and Employees. Federal Security Agency and Office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953.

§289. Acquisition of assets and liabilities of existing corporation

The corporation may acquire the assets of the Future Farmers of America, a corporation organized under the laws of the State of Virginia, and of the Future Farmers of America Foundation, Incorporated, a corporation organized under the laws of the District of Columbia, upon discharging or satisfactorily providing for the payment and discharge of all of the liabilities of such corporations.

(Aug. 30, 1950, ch. 823, §19, 64 Stat. 567.)

§290. Effective date

The provisions of this chapter shall take effect on the filing, in the office of the clerk of the United States District Court for the District of Columbia of affidavits signed by the incorporators named in section 271 of this title to the effect that the Virginia corporation known as the Future Farmers of America has been dissolved in accordance with law, but only if such affidavits are filed within one year from August 30, 1950.

(Aug. 30, 1950, ch. 823, §20, 64 Stat. 567.)

§291. Reservation of right to amend or repeal chapter

The right to alter, amend, or repeal this chapter is expressly reserved.

(Aug. 30, 1950, ch. 823, §21, 64 Stat. 567.)