Title 36 — Patriotic and National ObservancesRelease 119-90

§4 Powers and Duties of the Foundation.

Title 36 › Subtitle Subtitle II— Patriotic and National Organizations › Part B— Organizations › § 4

Last updated May 14, 2026|Official source

Summary

The Foundation must exist forever and can do business in all U.S. states, territories, and possessions. It must keep its main office in or near the District of Columbia, always have a designated agent to accept legal papers, and the Board chooses an official seal. The Board must form the Foundation as a corporation in the District of Columbia and adopt policies and bylaws so it qualifies under 501(c)(3) of the Internal Revenue Code of 1986. Working with the Office of the President’s Council on Fitness, Sports, and Nutrition, the Foundation may carry out or support its work directly or by contracts or grants. Real‑property interests include easements for preservation and similar public benefits, and the Foundation may accept gifts, devises, or bequests even if encumbered or restricted, so long as any present or future interest benefits the Foundation.

Full Legal Text

Title 36, §4

Patriotic and National Observances — Source: USLM XML via OLRC

“(a)The Foundation—

“(1)shall have perpetual succession;

“(2)may conduct business throughout the several States, territories, and possessions of the United States;

“(3)shall have its principal offices in or near the District of Columbia; and

“(4)shall at all times maintain a designated agent authorized to accept service of process for the Foundation.

“(b)The Foundation shall have an official seal selected by the Board which may be used as provided for in section 5.

“(c)To carry out the purposes of the Foundation under section 2, the Board shall—

“(1)incorporate the Foundation in the District of Columbia; and

“(2)establish such policies and bylaws as may be necessary to ensure that the Foundation maintains status as an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 [26 U.S.C. 501(c)(3)].

“(d)Subject to the specific provisions of section 2, the Foundation, in consultation with the Office of the President’s Council on Fitness, Sports, and Nutrition, shall have the power, directly or by the awarding of contracts or grants, to carry out or support activities for the purposes described in such section.

“(e)For purposes of this Act, an interest in real property shall be treated as including easements or other rights for preservation, conservation, protection, or enhancement by and for the public of natural, scenic, historic, scientific, educational inspirational or recreational resources. A gift, devise, or bequest may be accepted by the Foundation even though it is encumbered, restricted, or subject to beneficial interests of private persons if any current or future interest therein is for the benefit of the Foundation.

Reference

Citations & Metadata

Citation

36 U.S.C. § 4

Title 36 — Patriotic and National Observances

Last Updated

May 14, 2026

Release point: 119-90