CHAPTER 305—BLUE STAR MOTHERS OF AMERICA, INC.

        

§30501. Definition

For purposes of this chapter, "Armed Forces" includes the United States Army, United States Navy, United States Marines, United States Air Force, United States Coast Guard, National Guard, United States Army Reserves, United States Navy Reserves, United States Marine Reserves, United States Air Force Reserves, United States Coast Guard Reserves, United States Naval Militia, merchant marines, and armed home guards who have served on active duty.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1319.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
30501	36:945 (last sentence).	July 14, 1960, Pub. L. 86–653, §5 (last sentence), 74 Stat. 516.

Statutory Notes and Related Subsidiaries

Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

§30502. Organization

(a) Federal Charter.—Blue Star Mothers of America, Inc. (in this chapter, the "corporation"), is a federally chartered corporation.

(b) Place of Incorporation and Domicile.—The corporation is declared to be incorporated and domiciled in the District of Columbia.

(c) Perpetual Existence.—Except as otherwise provided, the corporation has perpetual existence.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1320.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
30502	36:941.	July 14, 1960, Pub. L. 86–653, §§1, 2, 4(1), 74 Stat. 515, 516.
	36:942. 36:944(1).

This section is substituted for the source provisions for consistency in the revised title and to eliminate executed and unnecessary words. The last sentence of section 1 of the Act of July 14, 1960 (Public Law 86–653, 74 Stat. 515), is omitted as executed.

§30503. Purposes

The purposes of the corporation are patriotic, educational, social, and for service, and include—

(1) perpetuating the Blue Star Mothers of America, Inc., and the memory of all the men and women who have served our country as members of the Armed Forces;

(2) maintaining true allegiance to the Government of the United States;

(3) educating members of the corporation and others not to divulge military, naval, or other Government information;

(4) assisting in veterans' ceremonies;

(5) attending patriotic rallies and meetings;

(6) fostering true democracy;

(7) caring for unsupported mothers who gave their sons to the service of the Nation;

(8) aiding in bringing about recognition of the need for permanent civilian defense in each community and the need to be always alert against invasion of un-American activities;

(9) upholding the American institutions of freedom, justice, and equal rights; and

(10) defending the United States from all enemies.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1320.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
30503	36:943.	July 14, 1960, Pub. L. 86–653, §3, 74 Stat. 515.

Before clause (1), the words "The purposes of the corporation are patriotic, educational, social, and for service, and include" are substituted for "The purposes of the corporation shall be" and "the further object of this organization shall be patriotic, educational, social, and for service" for clarity.

In clause (3), the words "members of the corporation" are substituted for "our members" for clarity.

In clause (8), the words "the need for" are substituted for "the need of", and the words "in each community" are substituted for "for each community", for clarity. The words "the need" are added for clarity. The words "to be always alert" are substituted for "to ever be alert" for clarity.

§30504. Membership

An individual is eligible for membership in the corporation if—

(1) she is a mother (meaning a woman who filled the role of birthmother, adoptive mother, step-mother, foster-mother, grandmother, or legal guardian) of a person who—

(A) is serving in the Armed Forces; or

(B) has served in, or has been honorably discharged from, the Armed Forces; and

(2) she is living in the United States or is a citizen of the United States living outside the United States.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1320; Pub. L. 112–65, §1, Dec. 13, 2011, 125 Stat. 767.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
30504	36:945 (1st sentence).	July 14, 1960, Pub. L. 86–653, §5 (1st sentence), 74 Stat. 516.

In clause (1), before subclause (A), the words "(who has given a mother's care at least since the stepchild was age 13)" are substituted for "(a stepmother eligible for membership in the Blue Star Mothers of America, Inc., can claim that eligibility only if she has given a mother's care to the stepchild from the age of thirteen or under)" for clarity and to eliminate unnecessary words.

Editorial Notes

Amendments

2011—Par. (1). Pub. L. 112–65, §1(1)(A), substituted "she is a mother (meaning a woman who filled the role of birthmother, adoptive mother, step-mother, foster-mother, grandmother, or legal guardian) of a person who—" for "she is a mother, adoptive mother, or stepmother (who has given a mother's care at least since the stepchild was age 13) of a son or daughter who—" in introductory provisions.

Par. (1)(B). Pub. L. 112–65, §1(1)(B), struck out "in World War II or the Korean hostilities" after "Armed Forces".

Par. (2). Pub. L. 112–65, §1(2), inserted "or is a citizen of the United States living outside the United States" before period at end.

§30505. Governing body

(a) National Convention.—(1) The national convention is the supreme governing authority of the corporation.

(2) The national convention is composed of officers and elected representatives from the States and other local subdivisions of the corporation as provided in the constitution and bylaws. However, the form of government of the corporation must be representative of the membership at large and may not permit concentration of control in a limited number of members or in a self-perpetuating group not representative of the membership at large.

(3) The meetings of the national convention may be held in the District of Columbia or any State, territory, or possession of the United States.

(b) Officers.—The officers of the corporation and their manner of selection, term of office, and duties are as provided in the constitution and bylaws of the corporation.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1320.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
30505(a)	36:946.	July 14, 1960, Pub. L. 86–653, §§6, 7, 74 Stat. 516.
30505(b)	36:947.

In subsection (a)(2), the words "several", "always", and "thereof . . . the hands of" are omitted as unnecessary.

In subsection (a)(3), the words "State, territory, or possession of the United States" are substituted for "State or Territory" for consistency in the revised title and with other titles of the United States Code.

Subsection (b) is substituted for the source provision for consistency in the revised title.

§30506. Powers

The corporation may—

(1) adopt and amend a constitution and bylaws for the management of its property and the regulation of its affairs;

(2) adopt and alter a corporate seal;

(3) choose officers, managers, employees, and agents as the activities of the corporation require;

(4) make contracts;

(5) acquire, own, lease, encumber, and transfer property as necessary or convenient to carry out the purposes of the corporation;

(6) borrow money, issue instruments of indebtedness, and secure its obligations by granting security interests in its property;

(7) sue and be sued; and

(8) do any other act necessary and proper to carry out the purposes of the corporation.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1321.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
30506	36:944(2)–(10).	July 14, 1960, Pub. L. 86–653, §4(2)–(10), 74 Stat. 516.

In clause (1), the word "alter" is omitted as included in "amend". The words "not inconsistent with the laws of the United States or of any State in which the corporation is to operate" are omitted as unnecessary.

In clause (2), the word "use" is omitted as unnecessary.

In clause (4), the words "make contracts" are substituted for "to contract and be contracted with" for consistency in the revised title and to eliminate unnecessary words.

Clause (5) is substituted for "take by lease, gift, purchase, grant, devise, or bequest from any public body or agency or any private corporation, association, partnership, firm, or individual and to hold absolutely or in trust for any of the purposes of the corporation any property, real, personal, or mixed, necessary or convenient for attaining the objects and carrying into effect the purposes of the corporation" and "transfer, convey, lease, sublease, mortgage, encumber and otherwise alienate real, personal, or mixed property" for consistency in the revised title and to eliminate unnecessary words. The words "subject, however, to applicable provisions of law of any State (A) governing the amount of or kind of property which may be held by, or (B) otherwise limiting or controlling the ownership of property by, a corporation operating in such State" are omitted as unnecessary.

In clause (6), the words "for the purpose of the corporation" are omitted as unnecessary. The words "issue instruments of indebtedness, and secure its obligations by granting security interests in its property" are substituted for "issue bonds therefor, and secure the same by mortgage, deed of trust, pledge, or otherwise" for consistency in the revised title. The words "subject in every case to all applicable provisions of Federal and State laws" are omitted as unnecessary.

In clause (7), the words "complain and defend in any court of competent jurisdiction" are omitted as unnecessary.

§30507. Exclusive right to name, seals, emblems, and badges

The corporation and its subordinate divisions have the exclusive right to use the name "Blue Star Mothers of America, Inc.". The corporation has the exclusive right to use, and to allow others to use, seals, emblems, and badges the corporation adopts.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1321.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
30507	36:956.	July 14, 1960, Pub. L. 86–653, §16, 74 Stat. 518.

The word "sole" is omitted as included in "exclusive". The words "and no other organization shall use the name 'Blue Star Mothers of America, Inc.' " are omitted as unnecessary. The words "and to allow others to use" are substituted for "or to allow or refuse the use of" for consistency in the revised title. The words "the corporation adopts" are substituted for "as have heretofore been used by the Blue Star Mothers of America" for consistency in the revised title.

§30508. Restrictions

(a) Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend.

(b) Political Activities.—The corporation or an officer or agent as such may not contribute to a political party or candidate for public office.

(c) Distribution of Income or Assets.—The income or assets of the corporation may not inure to the benefit of, or be distributed to, an officer or member as such during the life of the corporation or on its dissolution or final liquidation. This subsection does not prevent the payment of compensation to an officer or reimbursement for actual necessary expenses in amounts approved by the council of administration of the corporation.

(d) Loans.—The corporation may not make a loan or advance to an officer or employee. Members of the council of administration who vote for or assent to making a loan or advance to an officer or employee, and officers who participate in making the loan or advance, are jointly and severally liable to the corporation for the amount of the loan or advance until it is repaid.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1321.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
30508(a)	36:952.	July 14, 1960, Pub. L. 86–653, §§9, 10, 12, 74 Stat. 517.
30508(b)	36:950.
30508(c)	36:949(a).
30508(d)	36:949(b).

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

In subsections (c) and (d), the reference to the "council of administration" is retained although 36:946 and 947 (restated in section 30505 of the revised title) do not create a governing body called a "council of administration."

In subsection (c), the words "inure to the benefit of" are substituted for "inure to", and the words "This subsection does not prevent" are substituted for "Nothing in this subsection, however, shall be construed to prevent", for consistency in the revised title.

In subsection (d), the words "or advance" are added in 2 places for consistency in the subsection.

§30509. Principal office

The principal office of the corporation shall be in the District of Columbia.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1321.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
30509	36:948 (1st sentence 1st–14th words).	July 14, 1960, Pub. L. 86–653, §8 (1st sentence 1st–14th words), 74 Stat. 517.

§30510. Records and inspection

(a) Records.—The corporation shall keep—

(1) correct and complete records of account; and

(2) minutes of the proceedings of its national conventions and council of administration.

(b) Inspection.—A member, 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. 1321.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
30510	36:953.	July 14, 1960, Pub. L. 86–653, §13, 74 Stat. 518.

The word "records" is substituted for "books and records" for consistency in the revised title and with other titles of the United States Code.

In subsection (a), the reference to the "council of administration" is retained although 36:946 and 947 (restated in section 30505 of the revised title) do not create a governing body called a "council of administration."

§30511. Service of process

The corporation shall have a designated agent in the District of Columbia to receive service of process, notice, or demand for the corporation. Designation of the agent shall be filed in the office of the Mayor of the District of Columbia or another office designated by the Mayor. Notice to or service on the agent is notice to or service on the corporation.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1322.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
30511	36:948 (1st sentence 15th–last words, 2d, last sentences).	July 14, 1960, Pub. L. 86–653, §8 (1st sentence 15th–last words, 2d, last sentences), 74 Stat. 517.

The words "at all times" and "authorized" are omitted as unnecessary. The words "Designation of the agent shall be filed" are substituted for "The corporation shall file . . . a statement designating the initial and each successor registered agent of the corporation and the initial and each successor registered office of the corporation immediately following any such designation" for consistency in the revised title and to eliminate unnecessary words. The words "office of Mayor of the District of Columbia" are substituted for "Commissioners of the District of Columbia" in section 8 of the Act of July 14, 1960 (Public Law 86–653, 74 Stat. 517), because under section 401 of Reorganization Plan No. 3 of 1967 (5 App. U.S.C.), the functions of the Board of Commissioners of the District of Columbia were transferred to the Commissioner of the District of Columbia, and under sections 421 and 711 of the District of Columbia Self-Government and Governmental Reorganization Act (Public Law 93–198, 87 Stat. 789, 818), the office of Commissioner of the District of Columbia was abolished and replaced by the office of Mayor of the District of Columbia. The words "Notice to or service on the agent is notice to or service on the corporation" are substituted for "service of such process, notice, or demand required or permitted by law to be served upon the corporation may be served upon such agent" for consistency in the revised title and to eliminate unnecessary words.

§30512. 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. 1322.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
30512	36:951.	July 14, 1960, Pub. L. 86–653, §11, 74 Stat. 517.

§30513. Annual report

Not later than March 1 of each year, the corporation shall submit a report to Congress on the activities of the corporation during the prior fiscal year. The report may consist of a report of the proceedings of the national convention. The report may not be printed as a public document.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1322.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
30513	36:955.	July 14, 1960, Pub. L. 86–653, §15, 74 Stat. 518.

The words "covering such fiscal year" are omitted as unnecessary.

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 198 of House Document No. 103–7.

§30514. Distribution of assets on dissolution or final liquidation

On dissolution or final liquidation of the corporation, any assets remaining after the discharge of all liabilities shall be distributed as provided by the national executive board, but in compliance with the constitution and bylaws of the corporation.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1322.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
30514	36:957.	July 14, 1960, Pub. L. 86–653, §17, 74 Stat. 518.

The word "satisfaction" is omitted as included in "discharge", and the word "obligations" is omitted as included in "liabilities". The word "outstanding" is omitted as unnecessary. The words "as provided by" are substituted for "in accordance with the determination of" for consistency in the revised title. The reference to the "national executive board" is retained although 36:946 and 947 (restated in section 30505 of the revised title) do not create a governing body called a "national executive board." The words "all Federal and State laws applicable thereto" are omitted as unnecessary.