The Retired Enlisted Association, Incorporated, a nonprofit corporation organized under the laws of the State of Colorado, is recognized as such and is granted a Federal charter.
(Pub. L. 102–484, div. A, title XVIII, §1821, Oct. 23, 1992, 106 Stat. 2584.)
The Retired Enlisted Association, Incorporated (in this chapter referred to as the “corporation”) shall have only those powers granted to it through its bylaws and articles of incorporation filed in the State in which it is incorporated and subject to the laws of such State.
(Pub. L. 102–484, div. A, title XVIII, §1822, Oct. 23, 1992, 106 Stat. 2584.)
The objects and purposes of the corporation are those provided in its bylaws and articles of incorporation and shall include the following:
(1) Upholding and defending the Constitution of the United States.
(2) Promoting health, prosperity, and scholarship among its members and their dependents and survivors through benevolent programs.
(3) Assisting veterans and their dependents and survivors through a service program established for that purpose.
(4) Improving conditions for retired enlisted service members, veterans, and their dependents and survivors.
(5) Fostering fraternal and social activities among its members in recognition that cooperative action is required for the furtherance of their common interests.
(Pub. L. 102–484, div. A, title XVIII, §1823, Oct. 23, 1992, 106 Stat. 2584.)
With respect to service of process, the corporation shall comply with the laws of the State in which it is incorporated and those States in which it carries on its activities in furtherance of its corporate purposes.
(Pub. L. 102–484, div. A, title XVIII, §1824, Oct. 23, 1992, 106 Stat. 2584.)
Except as provided in section 5108 of this title, eligibility for membership in the corporation and the rights and privileges of members of the corporation shall be as provided in the articles of incorporation and bylaws of the corporation.
(Pub. L. 102–484, div. A, title XVIII, §1825, Oct. 23, 1992, 106 Stat. 2584.)
Except as provided in section 5108 of this title, the composition of the board of directors of the corporation and the responsibilities of such board shall be as provided in the articles of incorporation of the corporation and in conformity with the laws of the State in which it is incorporated.
(Pub. L. 102–484, div. A, title XVIII, §1826, Oct. 23, 1992, 106 Stat. 2584.)
Except as provided in section 5108 of this title, the positions of officers of the corporation and the election of members to such positions shall be as provided in the articles of incorporation of the corporation and in conformity with the laws of the State in which it is incorporated.
(Pub. L. 102–484, div. A, title XVIII, §1827, Oct. 23, 1992, 106 Stat. 2585.)
In establishing the conditions of membership in the corporation and in determining the requirements for serving on the board of directors or as an officer of the corporation, the corporation may not discriminate on the basis of race, color, religion, sex, handicap, age or national origin.
(Pub. L. 102–484, div. A, title XVIII, §1828, Oct. 23, 1992, 106 Stat. 2585; Pub. L. 103–160, div. A, title XI, §1182(c)(6), Nov. 30, 1993, 107 Stat. 1772.)
1993—Pub. L. 103–160 substituted “board of directors” for “board of the directors”.
This section is referred to in sections 5105, 5106, 5107 of this title.
No part of the income or assets of the corporation may inure to the benefit of any member, officer, or director of the corporation or be distributed to any such individual during the life of this charter. Nothing in this subsection shall be construed to prevent the payment of reasonable compensation to the officers of the corporation or reimbursement for actual necessary expenses in amounts approved by the board of directors.
The corporation may not make any loan to any officer, director, or employee of the corporation.
The corporation shall have no power to issue any shares of stock nor to declare or pay any dividends.
The corporation shall not claim congressional approval or the authorization of the Federal Government for any of its activities by virtue of this chapter.
(Pub. L. 102–484, div. A, title XVIII, §1829, Oct. 23, 1992, 106 Stat. 2585.)
The corporation shall be liable for the acts of its officers and agents whenever such officers and agents have acted within the scope of their authority.
(Pub. L. 102–484, div. A, title XVIII, §1830, Oct. 23, 1992, 106 Stat. 2585.)
The corporation shall keep correct and complete books and records of account and minutes of any proceeding of the corporation involving any of its members, the board of directors, or any committee having authority under the board of directors. The corporation shall keep, at its principal office, a record of the names and addresses of all members having the right to vote in any proceeding of the corporation. All books and records of such corporation may be inspected by any member having the right to vote in any corporation proceeding, or by any agent or attorney of such member, for any proper purpose at any reasonable time. Nothing in this section shall be construed to contravene any applicable State law.
(Pub. L. 102–484, div. A, title XVIII, §1831, Oct. 23, 1992, 106 Stat. 2585.)
The corporation shall report annually to the Congress concerning the activities of the corporation during the preceding fiscal year. Such annual report shall be submitted at the same time as the report of the audit required by section 1102 of this title. The report shall not be printed as a public document.
(Pub. L. 102–484, div. A, title XVIII, §1833, Oct. 23, 1992, 106 Stat. 2586.)
The right to alter, amend, or repeal this chapter is expressly reserved to the Congress.
(Pub. L. 102–484, div. A, title XVIII, §1834, Oct. 23, 1992, 106 Stat. 2586; Pub. L. 103–35, title II, §202(a)(13), May 31, 1993, 107 Stat. 101.)
1993—Pub. L. 103–35 made technical amendment to reference to this chapter to reflect correction of corresponding provision of original act.
Amendment by Pub. L. 103–35 applicable as if included in the enactment of Pub. L. 102–484, see section 202(b) of Pub. L. 103–35, set out as a note under section 155 of Title 10, Armed Forces.
The corporation shall maintain its status as an organization exempt from taxation as provided in title 26. If the corporation fails to maintain such status, the charter granted by this chapter shall expire.
(Pub. L. 102–484, div. A, title XVIII, §1835, Oct. 23, 1992, 106 Stat. 2586.)
The corporation shall have the sole and exclusive right to use the names “The Retired Enlisted Association, Incorporated”, “The Retired Enlisted Association”, “Retired Enlisted Association”, and “TREA”, and such seals, emblems, and badges as the corporation may lawfully adopt. Nothing in this section may be construed to conflict or interfere with rights that are established or vested before October 23, 1992.
(Pub. L. 102–484, div. A, title XVIII, §1836, Oct. 23, 1992, 106 Stat. 2586.)
If the corporation fails to comply with any of the restrictions or provisions of this chapter, the charter granted by this chapter shall expire.
(Pub. L. 102–484, div. A, title XVIII, §1837, Oct. 23, 1992, 106 Stat. 2586.)
For purposes of this chapter, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and the territories and possessions of the United States.
(Pub. L. 102–484, div. A, title XVIII, §1838, Oct. 23, 1992, 106 Stat. 2586.)