CHAPTER 210—AMERICAN GI FORUM OF THE UNITED STATES

        

§21001. Definition

For purposes of this chapter, "State" includes the District of Columbia and the territories and possessions of the United States.

(Added Pub. L. 105–354, §1(5)(A), Nov. 3, 1998, 112 Stat. 3242.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
21001	36 App.:5915.	Aug. 13, 1998, Pub. L. 105–231, §16, 112 Stat. 1532.

The words "the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands" are omitted as included in "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.

(Added Pub. L. 105–354, §1(5)(A), Nov. 3, 1998, 112 Stat. 3242.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
21002(a)	36 App.:5901.	Aug. 13, 1998, Pub. L. 105–231, §§1, 14 (related to termination of charter), 15, 112 Stat. 1530, 1532.
21002(b)	36 App.:5913 (related to termination of charter). 36 App.:5914.

This section is substituted for the source provisions for consistency in the revised title and to eliminate unnecessary words.

§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.

(Added Pub. L. 105–354, §1(5)(A), Nov. 3, 1998, 112 Stat. 3242.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
21003(a)	36 App.:5903.	Aug. 13, 1998, Pub. L. 105–231, §§3, 8(f), 112 Stat. 1530, 1531.
21003(b)	36 App.:5908(f).

In clause (5), the words "United States Government" are substituted for "Federal Government" for consistency in the revised title.

§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.

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

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
21004(a)	36 App.:5905.	Aug. 13, 1998, Pub. L. 105–231, §§5, 8(g) (related to membership), 112 Stat. 1531.
21004(b)	36 App.:5908(g) (related to membership).

In subsection (a), the words "Except as provided in this chapter" are substituted for "Except as provided in section 5908(g) of this title" for consistency in the revised title.

In subsection (b), the words "The terms of membership" are substituted for "In establishing the conditions of membership in the corporation" for consistency in the revised title and to eliminate unnecessary words.

§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.

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

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
21005(a)	36 App.:5906.	Aug. 13, 1998, Pub. L. 105–231, §§6, 7, 8(g) (related to directors and officers), 112 Stat. 1531.
21005(b)	36 App.:5907.
21005(c)	36 App.:5908(g) (related to directors and officers).

In subsections (a) and (b), the words "Except as provided in section 5908(g) of this title" and "and in conformity with the laws of the State of Texas" are omitted as unnecessary.

In subsection (c), the words "The requirements for serving as a director or officer" are substituted for "in determining the requirements for serving on the board of directors or as an officer of the association" for consistency in the revised title and to eliminate unnecessary words.

§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.

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

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
21006	36 App.:5902.	Aug. 13, 1998, Pub. L. 105–231, §2, 112 Stat. 1530.

The words "each State in which it is incorporated" are substituted for "the State of Texas" for consistency in the revised title. The words "and subject to the laws of the State of Texas" are omitted as unnecessary.

§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.

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

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
21007(a)	36 App.:5908(c).	Aug. 13, 1998, Pub. L. 105–231, §8(a)–(d), 112 Stat. 1531.
21007(b)	36 App.:5908(a).
21007(c)	36 App.:5908(b).
21007(d)	36 App.:5908(d).

In subsection (a), the words "any shares of" are omitted as unnecessary.

In subsection (b), the words "This subsection does not" are substituted for "Nothing in this subsection may be construed to" for consistency in the revised title.

In subsection (d), the words "by virtue of this chapter" are omitted as unnecessary.

§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.).

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

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
21008(a)	36 App.:5908(e).	Aug. 13, 1998, Pub. L. 105–231, §§8(e), 14 (related to duty to maintain status), 112 Stat. 1531, 1532.
21008(b)	36 App.:5913 (related to duty to maintain status).

In subsection (a), the words "organized and" are omitted as unnecessary.

§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.

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

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
21009	36 App.:5910.	Aug. 13, 1998, Pub. L. 105–231, §10, 112 Stat. 1532.

The word "records" is substituted for "books and records" for consistency in the revised title and with other titles of the United States Code. The words "This section may not be construed to contravene any applicable State law" are omitted as unnecessary.

§21010. 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.

(Added Pub. L. 105–354, §1(5)(A), Nov. 3, 1998, 112 Stat. 3244.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
21010	36 App.:5904.	Aug. 13, 1998, Pub. L. 105–231, §4, 112 Stat. 1531.

The words "each State in which it is incorporated" are substituted for "the State of Texas" for consistency in the revised title. The words "in furtherance of its corporate purposes" are omitted as unnecessary.

§21011. 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.

(Added Pub. L. 105–354, §1(5)(A), Nov. 3, 1998, 112 Stat. 3244.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
21011	36 App.:5909.	Aug. 13, 1998, Pub. L. 105–231, §9, 112 Stat. 1532.

The words "officers and agents" are substituted for "officers, directors, employees, and agents" for consistency in the revised title and to eliminate unnecessary words.

§21012. 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.

(Added Pub. L. 105–354, §1(5)(A), Nov. 3, 1998, 112 Stat. 3244.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
21012	36 App.:5911.	Aug. 13, 1998, Pub. L. 105–231, §12, 112 Stat. 1532.