Federal Charter vs. BSA Program

[Stosh]

CHAPTER 309 - BOY SCOUTS OF AMERICA

 

Sec.

30901. Organization.

30902. Purposes.

30903. Governing body.

30904. Powers.

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

30906. Restrictions.

30907. Annual and special meetings.

30908. Annual report.

 

36 USC Sec. 30901 02/01/2010

 

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 309 - BOY SCOUTS OF AMERICA

 

Sec. 30901. Organization

 

-STATUTE-

(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.

© Perpetual Existence. - Except as otherwise provided, the

corporation has perpetual existence.

 

-SOURCE-

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

 

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

30901 36:21. June 15, 1916, ch. 148,

Secs. 1, 2 (words before 2d

comma), 39 Stat. 227.

36:22 (words before

2d comma).

--------------------------------------------------------------------

 

This section is substituted for the source provisions for

consistency in the revised title and to eliminate executed and

unnecessary words.

 

36 USC Sec. 30902 02/01/2010

 

 

TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND

ORGANIZATIONS

Subtitle II - Patriotic and National Organizations

Part B - Organizations

CHAPTER 309 - BOY SCOUTS OF AMERICA

 

Sec. 30902. Purposes

 

-STATUTE-

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.

 

This is a direct quote from the US Code. It kinda makes one wonder about all the efforts of today's Scouters to make changes when such efforts may be in direct conflict with the Federal Charter prescribed Congress.

 

Kinda makes one wonder... any thoughts?

 

Stosh

 

 

[Horizon]

I like it, and just forwarded it to my Troop.

 

http://uscode.house.gov/download/pls/36C309.txt

 

I especially like the focus on self-reliance, and following the methods from before WWI.

[John-in-KC]

There are elements of the US Code which are punitive in nature. There are other elements of the code which have administrative law penalties.

 

This has neither. It simply makes BSA a Corporation of DC, by Charter. It establishes reporting requirements. That's what matters to Congress.

 

Oh by the way ... That's also what AMTRAK is... a DC Corporation, for that matter, so is the Postal Service and the former Conrail.

 

Are you getting my drift about DC Corporations?

 

 

 

[Scoutfish]

And you have to wonder.....in keeping with how government works....how may completely unrelated things things were snuck in with it .

[BDPT00]

"Kinda makes one wonder... any thoughts?"

***Yeah. I have one. What's the point?

 

[shortridge]

I'm still reading The Scouting Party, by Scott and Murphy, but one of the things that caught my eye early on was the discussion of the federal charter issue. It's clear that the charter was not recognition for high-minded principles, but rather for business. Some items & excerpts:

 

- The charter appears to have been a move to cement the BSA's position as the premier Scouting organization over William Randolph Hearst's American Boy Scouts organization. "A federal charter would provide ironclad protection against competition."

 

- The first effort to get a charter, in 1910, failed. "Boyce's bill [for a federal charter] soon thereafter died a quiet death. The committee's members had indicated concern about seting a precedent. Were Congress to give the Boy Scouts a federal charter, countless other organizations would demand the same recognition."

 

- Also from the 1910 attempt: "Committee members expressed perplexity as to why Congress should grant the Boy Scouts of America a federal charter when it could just as well organize in each of the forty-six states."

[dScouter15]

"Any thoughts?" Not really... I guess I don't see the purported conflict, though I admit I don't fully understand some of the effects of having a congressional charter. Can someone maybe clear up some of my confusion:

 

1) Is the BSA, as a private organization, bound in any way to keep its mission or program in line with any stipulations in its congressional charter? What consequences would there be for deviating?

 

2) When's the last time its been updated? 1916?

 

3) What effect, if any, does it have on "competing" or other scouting organizations in the USA. For instance, the GSUSA, or other boy or co-ed scouting programs?

 

4) What effect, if any, would rescinding the congressional charter have on the BSA?

[emb021]

"3) What effect, if any, does it have on "competing" or other scouting organizations in the USA. For instance, the GSUSA, or other boy or co-ed scouting programs?"

 

The BSA HAS used the fact that had a federal charter in going after the other boy scout groups in the US. It was used against the US Boy Scout (the remnents of the Hearst-backed American Boy Scout), and led to them renaming themselves. I have heard its help the BSA in going after other groups who tried to use the work 'Scout' (such as the "Youth Scouts" and a couple of others).

 

AFAIK, they've never used legal action against the GSUSA. West wanted them to rename themselves "Girl Guides", but it never happened. I believe they later came to an understanding, and both groups 'share' (somehow) the rights to the word 'scout' as it relates to youth program (BSA for boys, GSUSA for girls).

 

 

[Scoutfish]

That would be the 1916 version of a celebrity endorsement.

 

"Oooh! Look who thinks we are cool!"

[Pack212Scouter]

That is because GSUSA is also Federally chartered.

[shortridge]

From the Congressional Research service, 2005:

 

- Problems have arisen because of a group's federal charter. "The awarding of a charter to an already existent fraternal or patriotic organization is purely honorific. Unlike other congressional charters, a Title 36 corporation charter does not create a body corporate where one did not previously exist. Yet, when a charter is awarded to such an entity, many members of the public perceive this action as an expression of congressional support for all of the groups activities. Thus, for example, when the congressionally chartered American Gold Star Mothers refused to admit to membership a non-U.S. citizen, some individuals and members of the media called upon Congress to intervene and rectify this situation. Approximately 100 Title 36 corporations exist, which raises the potential for more requests for congressional intervention in these groups activities."

 

- We're not all that special. "Some of the more well-known ones include the American Legion, Big Brothers-Big Sisters of America, Boy Scouts of America, Girl Scouts of the United States of America, National Academy of Sciences, United Service Organizations, Inc. (commonly referred to as the U.S.O.), and Veterans of Foreign Wars of the United States."

 

http://assets.opencrs.com/rpts/RS22230_20050825.pdf

 

Wikipedia also states that Congress stopped issuing charters in 1992 because of the confusion.

[shortridge]

The domicile of the corporation is the District

of Columbia.

 

Funny! I didn't know that D.C. had annexed Texas.

[NJCubScouter]

The domicile of the corporation is the District

of Columbia.

 

Funny! I didn't know that D.C. had annexed Texas.

 

Many corporations are incorporated in one state (or the District of Columbia I guess) and have their headquarters in another state. Due to favorable tax and other laws, for example, many of the largest corporations (and many smaller ones) are incorporated in Delaware, but headquartered elsewhere.

[Scoutfish]

"for example, many of the largest corporations (and many smaller ones) are incorporated in Delaware, but headquartered elsewhere"

 

 

Yep, like Switzerland!

[Kudu]

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.

 

Depending on how Sec. 30905 ("Exclusive right to emblems, badges, marks, and words") is interpreted, the basic idea is that big government gives the BSA a monopoly on Scouting in the United States in return for the preservation of the Scoutcraft program in common use by Boy Scouts on June 15, 1916.

 

That would be the 1911 program:

 

http://inquiry.net/advancement/tf-1st_require_1911.htm

 

The BSA's Scoutcraft program in 1911 was roughly on par with the rest of the world. Compare it even to a current generic version of American Baden-Powell Scouting:

 

http://inquiry.net/traditional/handbook/index.htm

 

The courts have usually defended the BSA's monopoly, most significantly in Wrenn v. Boy Scouts of America.

 

See:

 

http://en.wikipedia.org/wiki/Youthscouts

 

I believe the court in its ruling specifically quoted the BSA's interpretation of the Congressional Charter ("marks protected by the congressional charter granted in 1916 under 36 U.S.C. Chapter 309").

 

Wrenn was the ruling that knocked out the second wave of Baden-Powell Scouting in the United States.

 

The exception to the BSA's unblemished success in suing other Scouting associations out of existence was the 1924 legal action against the Girl Scouts, see:

 

http://www.inquiry.net/adult/bsa_vs_gsusa.htm

 

Perhaps because it is difficult to establish "standing," the protection only works in one direction. The BSA can use the Congressional Charter to prevent Baden-Powell Scouting associations from offering true Scoutcraft programs to Americans, while at the same time declining to honor their obligations under the terms of the Congressional Charter.

 

They simply change the Purpose of the corporation from Scoutcraft (objective standards) to subjective stuff like "making ethical decisions" or "Leadership and Character." As for instance this year's national media blitz to replace camping for Hispanic "Boy Scouts" with soccer and expensive translators.

 

See:

 

http://www.inquiry.net/leadership/sitting_side_by_side_with_adults.htm

 

Yours at 300 feet,

 

Kudu