§ 21005. Governing body

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.

1. 1998

   Pub. L. 105–354 § 1(5)(A) · 112 Stat. 3238

   Enacted · 36 U.S.C. § 21005

   (Added Pub. L. 105–354, § 1(5)(A), Nov. 3, 1998, 112 Stat. 3243.)

   Source evidence

   Code source credit
   (Added Pub. L. 105–354, § 1(5)(A), Nov. 3, 1998, 112 Stat. 3243.)

   Enacted provision · exact public law section
   (A) Insert after chapter 209 the following: “CHAPTER 210— AMERICAN GI FORUM OF THE UNITED STATES “Sec. “21001. Definition. “21002. Organization. “21003. Purposes. “21004. Membership. “21005. Governing body. “21006. Powers. “21007. Restrictions. “21008. Duty to maintain corporate and tax-exempt status. “21009. Records and inspection. “210010. Service of process. “210011. Liability for acts of officers and agents. “210012. Annual report. “§ 21001. Definition “For purposes of this chapter, ‘State’ includes the District of Columbia and the territories and possessions of the United States. “§ 21002. Organization “(a) Federal Charter.— American GI Forum of the United States (in this chapter, the ‘corporation’), a nonprofit corporation incorporated in Texas, is a federally chartered corporation. “(b) Expiration of Charter.— If the corporation does not comply with any provision of this chapter, the charter granted by this chapter expires. “§ 21003. Purposes “(a) General.— The purposes of the corporation are as provided in its bylaws and articles of incorporation and include— “(1) securing the blessing of American democracy at every level of local, State, and national life for all United States citizens; “(2) upholding and defending the Constitution and the United States flag; “(3) fostering and perpetuating the principles of American democracy based on religious and political freedom for the individual and equal opportunity for all; “(4) fostering and enlarging equal educational opportunities, equal economic opportunities, equal justice under the law, and equal political opportunities for all United States citizens, regardless of race, color, religion, sex, or national origin; “(5) encouraging greater participation of the ethnic minority represented by the corporation in the policy-making and administrative activities of all departments, agencies, and other governmental units of local and State governments and the United States Government; “(6) combating all practices of a prejudicial or discriminatory nature in local, State, or national life which curtail, hinder, or deny to any United States citizen an equal opportunity to develop full potential as an individual; and “(7) fostering and promoting the broader knowledge and appreciation by all United States citizens of their cultural heritage and language. “(b) Corporate Function.— The corporation shall function as an educational, patriotic, civic, historical, and research organization under the laws of Texas. “§ 21004. Membership “(a) Eligibility.— Except as provided in this chapter, eligibility for membership in the corporation and the rights and privileges of members are as provided in the bylaws and articles of incorporation. “(b) Nondiscrimination.— The terms of membership may not discriminate on the basis of race, color, religion, sex, disability, age, or national origin. “§ 21005. Governing body “(a) Board of Directors.— The board of directors and the responsibilities of the board are as provided in the bylaws and articles of incorporation. “(b) Officers.— The officers and the election of officers are as provided in the bylaws and articles of incorporation. “(c) Nondiscrimination.— The requirements for serving as a director or officer may not discriminate on the basis of race, color, religion, sex, disability, age, or national origin. “§ 21006. Powers “The corporation has only the powers provided in its bylaws and articles of incorporation filed in each State in which it is incorporated. “§ 21007. Restrictions “(a) Stock and Dividends.— The corporation may not issue stock or declare or pay a dividend. “(b) Distribution of Income or Assets.— The income or assets of the corporation may not inure to the benefit of, or be distributed to, a director, officer, or member during the life of the charter granted by this chapter. This subsection does not prevent the payment of reasonable compensation to an officer or employee or reimbursement for actual necessary expenses in amounts approved by the board of directors. “(c) Loans.— The corporation may not make a loan to a director, officer, employee, or member. “(d) Claim of Governmental Approval or Authority.— The corporation may not claim congressional approval or the authority of the United States Government for any of its activities. “§ 21008. Duty to maintain corporate and tax-exempt status “(a) Corporate Status.— The corporation shall maintain its status as a corporation incorporated under the laws of Texas. “(b) Tax–Exempt Status.— The corporation shall maintain its status as an organization exempt from taxation under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.). “§ 21009. Records and inspection “(a) Records.— The corporation shall keep— “(1) correct and complete records of account; “(2) minutes of the proceedings of its members, board of directors, and committees having any of the authority of its board of directors; and “(3) at its principal office, a record of the names and addresses of its members entitled to vote. “(b) Inspection.— A member entitled to vote, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time. “§ 210010. Service of process “The corporation shall comply with the law on service of process of each State in which it is incorporated and each State in which it carries on activities. “§ 210011. Liability for acts of officers and agents “The corporation is liable for the acts of its officers and agents acting within the scope of their authority. “§ 210012. Annual report “The corporation shall submit an annual report to Congress on the activities of the corporation during the prior fiscal year. The report shall be submitted at the same time as the report of the audit required by section 10101 of this title. The report may not be printed as a public document.”.

1 of 1 references resolved to an enrolled provision