The American Legion - Federal Charter
UNITED STATES CODE ANNOTATED
TITLE 36 CHAPTER 21701-21708
THE AMERICAN LEGION
Created by Act of Congress
Washington, DC on September 16, 1919
§ 21701. Organization
(a) Federal charter.--The American Legion (in this chapter
[36 U.S.C.A. § 21701 et seq.], the "corporation") is a
federally chartered corporation.
(b) Perpetual existence.--Except as otherwise provided,
the corporation has perpetual existence.
§ 21702. Purposes
The purposes of the corporation are--
(1) to uphold and defend the Constitution of the United States;
(2) to promote peace and good will among the peoples of the
United States and all the nations of the Earth;
(3) to preserve the memories and incidents of the 2 World Wars
and the other great hostilities fought to uphold democracy;
(4) to cement the ties and comradeship born of service; and
(5) to consecrate the efforts of its members to mutual helpfulness
and service to their country.
§ 21703. Membership
An individual is eligible for membership in the corporation only if the
individual--
(1) has served in the Armed Forces of--
(A) the United States at any time during any period from--
(i) April 6, 1917, through November 11, 1918;
(ii) December 7, 1941, through December 31, 1946;
(iii) June 25, 1950, through January 31, 1955;
(iv) February 28, 1961, through May 7, 1975;
(v) August 24, 1982, through July 31, 1984;
(vi) December 20, 1989, through January 31, 1990; or
(vii) August 2, 1990, through the date of cessation of
hostilities, as decided by the United States Government;
or
(B) a government associated with the United States during a
period referred to in subclause (A) of this clause and was a citizen
of the United States when the individual entered that service; and
(2) was honorably discharged or separated from that service or
continues to serve honorably during or after that period.
§ 21704. Powers
The corporation may—
(1) adopt a constitution, bylaws, and regulations to carry out the
purposes of the corporation;
(2) adopt and alter a corporate seal;
(3) establish and maintain offices to conduct its activities;
(4) establish State and territorial organizations and local chapter or
post organizations;
(5) provide guidance and leadership to organizations and
local chapters established under paragraph (4), but may not
control or otherwise influence the specific activities and
conduct of such organizations and local chapters;1
(6) acquire, own, lease, encumber, and transfer property as
necessary to carry out the purposes of the corporation;
(7) publish a magazine and other publications;
(8) sue and be sued; and
(9) do any other act necessary and proper to carry out the
purposes of the corporation.
1 Added December 13, 2011
21705. Exclusive right to name, emblems, and badges
The corporation and its State and local subdivisions have the exclusive
right to use the name "The American Legion" or "American Legion".
The corporation has the exclusive right to use, manufacture, and
control the right to manufacture, emblems and badges the corporation
adopts.
§ 21706. Political activities
The corporation shall be nonpolitical and may not promote the
candidacy of an individual seeking public office.
§ 21707. Service of process
As a condition to the exercise of any power or privilege granted by this
chapter [36 U.S.C.A. § 21701 et seq.], the corporation shall file, with
the secretary of state or other designated official of each State, the
name and address of an agent in that State on whom legal process or
demands against the corporation may be served.
§ 21708. Annual report
Not later than January 1 of each year, the corporation shall submit a
report to Congress on the activities of the corporation during the prior
calendar year. The report may not be printed as a public document.
link: Federal Charter