CHAPTER 309—BOY SCOUTS OF AMERICA

§30901. Organization

(a) Federal Charter.—Boy Scouts of America (in this chapter, the “corporation”) is a body corporate and politic of the District of Columbia.

(b) Domicile.—The domicile of the corporation is 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. 1325.)

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

§30902. Purposes

The purposes of the corporation are to promote, through organization, and cooperation with other agencies, the ability of boys to do things for themselves and others, to train them in scoutcraft, and to teach them patriotism, courage, self-reliance, and kindred virtues, using the methods that were in common use by boy scouts on June 15, 1916.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1325.)

§30903. Governing body

(a) Executive Board.—An executive board composed of citizens of the United States is the governing body of the corporation. The number, qualifications, and term of office of members of the board are as provided in the bylaws. A vacancy on the board shall be filled by a majority vote of the remaining members of the board.

(b) Quorum.—The bylaws may prescribe the number of members of the board necessary for a quorum. That number may be less than a majority of the entire board.

(c) Committees.—(1) The board, by resolution passed by a majority of the entire board, may designate 3 or more members of the board as an executive or governing committee. A majority of the committee is a quorum. The committee, to the extent provided in the resolution or bylaws, may—

(A) exercise the powers of the executive board in managing the activities of the corporation; and

(B) authorize the seal of the corporation to be affixed to papers that may require it.

(2) The board, by majority vote of the entire board, may appoint other standing committees. The standing committees may exercise powers as provided in the bylaws.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1325.)

In subsection (a), the text of 36:25 (3d sentence) is omitted as executed and obsolete.

In subsection (c)(1)(A), the words “have and” are omitted as unnecessary. The word “activities” is substituted for “business affairs” for consistency in the revised title.

In subsection (c)(1)(B), the words “have power to” are omitted as unnecessary.

§30904. Powers

(a) General.—The corporation may—

(1) adopt and amend bylaws and regulations, including regulations for the election of associates and successors;

(2) adopt and alter a corporate seal;

(3) have offices and conduct its activities in the District of Columbia and the States, territories, and possessions of the United States;

(4) acquire and own property as necessary to carry out the purposes of the corporation;

(5) sue and be sued within the jurisdiction of the United States; and

(6) do any other act necessary to carry out this chapter and promote the purpose of the corporation.

(b) Limitations on Exercising Certain Powers.—(1) The corporation may execute mortgages and liens on the property of the corporation only if approved by a two-thirds vote of the entire executive board at a meeting called for that purpose.

(2) The corporation may dispose in any manner of the whole property of the corporation only with the written consent and affirmative vote of a majority of the members of the corporation.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1325.)

In subsection (a)(1), the word “make” is omitted as included in “adopt”. The word “amend” is added for consistency in the revised title and because of 36:25 (6th sentence). The words “not inconsistent with the laws of the United States of America, or any State thereof” are omitted as unnecessary.

Subsection (a)(2) is substituted for “to adopt a seal, and the same to alter and destroy at pleasure” for consistency in the revised title.

In subsection (a)(3), the word “activities” is substituted for “business and affairs”, and the words “in the District of Columbia and the States, territories, and possessions of the United States” are substituted for “within and without the District of Columbia and in the several States and Territories of the United States”, for consistency in the revised title and to eliminate unnecessary words.

Subsection (a)(4) is substituted for “hold such real and personal estate as shall be necessary for corporate purposes, and . . . receive real and personal property by gift, devise, or bequest” for consistency in the revised title and to eliminate unnecessary words. The text of 36:24 (words before semicolon) is omitted as executed and obsolete.

In subsection (a)(5), the words “in courts of law and equity” are omitted as unnecessary.

In subsection (a)(6), the words “do any other act” are substituted for “generally to do all such acts and things” for consistency in the revised title.

In subsection (b)(1), the words “to make and to amend the bylaws” are omitted as unnecessary because of subsection (a)(1) of this section. The word “execute” is substituted for “authorize and cause to be executed” to eliminate unnecessary words.

§30905. Exclusive right to emblems, badges, marks, and words

The corporation has the exclusive right to use emblems, badges, descriptive or designating marks, and words or phrases the corporation adopts. This section does not affect any vested rights.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1326.)

The word “sole” is omitted as included in “exclusive”. The words “to have and” and “in carrying out its purposes” are omitted as unnecessary. The words “the corporation adopts” are substituted for “now or heretofore used by the Boy Scouts” for consistency in the revised title. The words “in carrying out its program” are omitted as unnecessary. The words “This section does not affect any vested rights” are substituted for “it being distinctly and definitely understood, however, that nothing in this chapter shall interfere or conflict with established or vested rights” for consistency in the revised title and to eliminate unnecessary words.

§30906. Restrictions

(a) Profit.—The corporation may not operate for pecuniary profit to its members.

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

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1326.)

The words “certificates of” and “its object and purposes being solely of a benevolent character” are omitted as unnecessary.

§30907. Annual and special meetings

(a) Annual Meetings.—The corporation shall hold an annual meeting at a time and place as provided in the bylaws. At the meeting, the annual reports of the officers and executive board shall be presented, and members of the board shall be elected for the next year.

(b) Special Meetings.—Special meetings of the corporation may be called on notice as provided in the bylaws.

(c) Quorum.—The number of members necessary for a quorum at an annual or special meeting shall be prescribed in the bylaws.

(d) Locations.—The members and the executive board may hold meetings and keep the seal and records of the corporation in or outside the District of Columbia.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1326.)

In subsection (a), the words “The corporation shall hold an annual meeting” are substituted for “An annual meeting of the incorporators, their associates and successors, shall be held once in every year after the year of incorporation” to eliminate unnecessary and executed words.

In subsection (d), the word “records” is substituted for “books, documents, and papers” for consistency in the revised title and with other titles of the United States Code.

§30908. Annual report

Not later than April 1 of each year, the corporation shall submit a report to Congress on the activities of the corporation during the prior calendar year.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1326.)

Termination of Reporting Requirements

For termination, effective May 15, 2000, of reporting provisions in this section, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 198 of House Document No. 103–7.