USC Chapter 601

in effect

36 U.S.C. § 60101 Definition

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

36 U.S.C. § 60102 Organization

(a) Federal Charter.—82nd Airborne Division Association, Incorporated (in this chapter, the “corporation”), a nonprofit corporation incorporated in Illinois, 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.

36 U.S.C. § 60103 Purposes

The purposes of the corporation are as provided in the articles of incorporation and include— (1) perpetuating the memory of members of the 82nd Airborne Division who fought and died for this country; (2) furthering the common bond between retired and active members of the 82nd Airborne Division; (3) providing educational assistance in the form of college scholarships and grants to the qualified children of current and former members of the 82nd Airborne Division; (4) promoting civic and patriotic activities; and (5) promoting the indispensable role of airborne defense to the national security of the United States.

36 U.S.C. § 60104 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 of the corporation. (b) Nondiscrimination.—The terms of membership may not discriminate on the basis of race, color, religion, sex, disability, or national origin.

36 U.S.C. § 60105 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, sex, disability, or national origin.

36 U.S.C. § 60106 Powers

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

36 U.S.C. § 60107 Restrictions

(a) Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend. (b) Political Activities.—The corporation or a director or officer as such may not contribute to, support, or participate in any political activity or in any manner attempt to influence legislation. (c) 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 and necessary expenses in amounts approved by the board of directors. (d) Loans.—The corporation may not make a loan to a director, officer, or employee. (e) Claim of Governmental Approval or Authorization.—The corporation may not claim congressional approval or the authority of the United States Government for any of its activities.

36 U.S.C. § 60108 Duty to maintain 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.).

36 U.S.C. § 60109 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.

36 U.S.C. § 60110 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.

36 U.S.C. § 60111 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.

36 U.S.C. § 60112 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.