CHAPTER 211—AMERICAN GOLD STAR MOTHERS, INCORPORATED

        

§21101. Definition

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

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1292.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
21101	36:2413.	June 12, 1984, Pub. L. 98–314, §14, 98 Stat. 239.

The words "the Commonwealth of Puerto Rico" are omitted as included in "the territories and possessions of the United States".

§21102. Organization

(a) Federal Charter.—American Gold Star Mothers, Incorporated (in this chapter, the "corporation"), incorporated in the District of Columbia, 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.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1292.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
21102(a)	36:2401.	June 12, 1984, Pub. L. 98–314, §§1, 15 (last sentence), 16, 98 Stat. 237, 239.
21102(b)	36:2414 (last sentence). 36:2415.

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

§21103. Purposes

The purposes of the corporation are as provided in the articles of incorporation and include a continuing commitment, on a national basis, to—

(1) keep alive and develop the spirit that promoted world services;

(2) maintain the ties of fellowship born of that service, and assist and further all patriotic work;

(3) inculcate a sense of individual obligation to the community, State, and Nation;

(4) assist veterans of World War I, World War II, the Korean Conflict, Vietnam, and other strategic areas and their dependents in the presentation of claims to the Department of Veterans Affairs, and aid in any way in their power the men and women who served and died or were wounded or incapacitated during hostilities;

(5) perpetuate the memory of those whose lives were sacrificed in our wars;

(6) maintain true allegiance to the United States;

(7) inculcate lessons of patriotism and love of country in the communities in which we live;

(8) inspire respect for the Stars and Stripes in the youth of America;

(9) extend needful assistance to all Gold Star Mothers and, when possible, to their descendants; and

(10) promote peace and good will for the United States and all other Nations.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1292.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
21103	36:2403.	June 12, 1984, Pub. L. 98–314, §3, 98 Stat. 237; June 13, 1991, Pub. L. 102–54, §13(n)(6), 105 Stat. 278.

Before clause (1), the word "objects" is omitted as included in "purposes".

In clause (6), the words "of America" are omitted for consistency in the revised title and with other titles of the United States Code.

§21104. 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 constitution and bylaws.

(b) Nondiscrimination.—The terms of membership may not discriminate on the basis of race, color, religion, or national origin.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1293.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
21104(a)	36:2405 (words before 3d comma).	June 12, 1984, Pub. L. 98–314, §5 (words before 3d comma, words after 3d comma related to discrimination in membership), 98 Stat. 238.
21104(b)	36:2405 (words after 3d comma related to discrimination in membership).

§21105. Governing body

(a) Board of Directors.—The board of directors and the responsibilities of the board are as provided in the articles of incorporation.

(b) Officers.—The officers and the election of officers are as provided in the articles of incorporation.

(c) Nondiscrimination.—The requirements for holding office in the corporation may not discriminate on the basis of race, color, religion, or national origin.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1293.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
21105(a)	36:2406.	June 12, 1984, Pub. L. 98–314, §§5 (words after 3d comma related to discrimination in holding office), 6, 7, 98 Stat. 238.
21105(b)	36:2407.
21105(c)	36:2405 (words after 3d comma related to discrimination in holding office).

The words "and in conformity with the laws of the State or States in which it is incorporated" in 36:2406 and "and in conformity with the laws of the State or States wherein it is incorporated" in 36:2407 are omitted as unnecessary.

§21106. Powers

The corporation has only the powers provided in its bylaws and articles of incorporation filed in each State in which it is incorporated.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1293.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
21106	36:2402.	June 12, 1984, Pub. L. 98–314, §2, 98 Stat. 237.

The words "and subject to the laws of such State or States" are omitted as unnecessary.

§21107. 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 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, or employee.

(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.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1293.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
21107(a)	36:2408(c).	June 12, 1984, Pub. L. 98–314, §8(a)–(d), 98 Stat. 238.
21107(b)	36:2408(a).
21107(c)	36:2408(b).
21107(d)	36:2408(d).

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

In subsection (b), the words "inure to the benefit of" are substituted for "inure to" for consistency in the revised title.

§21108. 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 each State in which it is incorporated.

(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.).

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1294.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
21108(a)	36:2408(e).	June 12, 1984, Pub. L. 98–314, §§8(e), 15 (1st sentence), 98 Stat. 238, 239.
21108(b)	36:2414 (1st sentence).

In subsection (a), the words "organized and" are omitted as unnecessary. The words "each State" are substituted for "State or States" for consistency in the revised title and to eliminate unnecessary words.

§21109. 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.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1294.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
21109	36:2410.	June 12, 1984, Pub. L. 98–314, §10, 98 Stat. 238.

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 "Nothing in this section shall be construed to contravene any applicable State law" are omitted as unnecessary.

§21110. 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.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1294.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
21110	36:2404.	June 12, 1984, Pub. L. 98–314, §4, 98 Stat. 238.

§21111. 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.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1294.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
21111	36:2409.	June 12, 1984, Pub. L. 98–314, §9, 98 Stat. 238.

§21112. 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.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1294.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
21112	36:2411.	June 12, 1984, Pub. L. 98–314, §12, 98 Stat. 239.

Statutory Notes and Related Subsidiaries

Termination of Reporting Requirements

For termination, effective May 15, 2000, of reporting provisions in this section, see section 3003 of Pub. L. 104–66, set out as a note under section 1113 of Title 31, Money and Finance, and page 196 of House Document No. 103–7.