117 HR 6402 IH: To grant a Federal charter to the National American Indian Veterans, Incorporated.
U.S. House of Representatives
2022-01-13
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EN
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I
117th CONGRESS
2d Session
H. R. 6402
IN THE HOUSE OF REPRESENTATIVES
January 13, 2022
Mr. Johnson of South Dakota (for himself, Mr. O'Halleran, Mr. Cole, and Ms. Davids of Kansas) introduced the following bill; which was referred to the Committee on the Judiciary
A BILL
To grant a Federal charter to the National American Indian Veterans, Incorporated.
1.

Recognition as corporation and grant of Federal charter for National American Indian Veterans, Incorporated
(a)

In general
Part B of subtitle II of title 36, United States Code, is amended by inserting after chapter 1503 the following:
“1504

National American Indian Veterans, Incorporated
Sec.
150401. Organization.
150402. Purposes.
150403. Membership.
150404. Board of directors.
150405. Officers.
150406. Nondiscrimination.
150407. Powers.
150408. Exclusive right to name, seals, emblems, and badges.
150409. Restrictions.
150410. Duty to maintain tax-exempt status.
150411. Records and inspection.
150412. Service of process.
150413. Liability for acts of officers and agents.
150414. Failure to comply with requirements.
150415. Annual report.
150401

Organization
The National American Indian Veterans, Incorporated, a nonprofit corporation organized in the United States (referred to in this chapter as the “corporation”), is a federally chartered corporation.
150402.

Purposes
The purposes of the corporation are those stated in the articles of incorporation, constitution, and bylaws of the corporation, and include a commitment—
(1)
to uphold and defend the Constitution of the United States while respecting the sovereignty of the American Indian Nations;
(2)
to unite under one body all American Indian veterans who served in the Armed Forces of United States;
(3)
to be an advocate on behalf of all American Indian veterans without regard to whether they served during times of peace, conflict, or war;
(4)
to promote social welfare (including educational, economic, social, physical, and cultural values and traditional healing) in the United States by encouraging the growth and development, readjustment, self-respect, self-confidence, contributions, and self-identity of American Indian veterans;
(5)
to serve as an advocate for the needs of American Indian veterans and their families and survivors in their dealings with all Federal and State government agencies;
(6)
to promote, support, and utilize research, on a nonpartisan basis, pertaining to the relationship between American Indian veterans and American society; and
(7)
to provide technical assistance to the Bureau of Indian Affairs regional areas that are not served by any veterans committee or organization or program by—
(A)
providing outreach service to Indian Tribes in need; and
(B)
training and educating Tribal Veterans Service Officers for Indian Tribes in need.
150403.

Membership
Subject to section 150406, eligibility for membership in the corporation, and the rights and privileges of members, shall be as provided in the constitution and bylaws of the corporation.
150404.

Board of directors
Subject to section 150406, the board of directors of the corporation, and the responsibilities of the board, shall be as provided in the constitution and bylaws of the corporation and in conformity with the laws under which the corporation is incorporated.
150405.

Officers
Subject to section 150406, the officers of the corporation, and the election of such officers, shall be as provided in the constitution and bylaws of the corporation and in conformity with the laws of the jurisdiction under which the corporation is incorporated.
150406.

Nondiscrimination
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, national origin, handicap, or age.
150407.

Powers
The corporation shall have only those powers granted the corporation through its articles of incorporation, constitution, and bylaws, which shall conform to the laws of the jurisdiction under which the corporation is incorporated.
150408.

Exclusive right to name, seals, emblems, and badges
(a)

In general
The corporation shall have the sole and exclusive right to use the names “National American Indian Veterans, Incorporated” and “National American Indian Veterans”, and such seals, emblems, and badges as the corporation may lawfully adopt.
(b)

Effect
Nothing in this section interferes or conflicts with any established or vested rights.
150409.

Restrictions
(a)

Stock and dividends
The corporation may not—
(1)
issue any shares of stock; or
(2)
declare or pay any dividends.
(b)

Distribution of income or assets
(1)

In general
The income or assets of the corporation may not—
(A)
inure to any person who is a member, officer, or director of the corporation; or
(B)
be distributed to any such person during the life of the charter granted by this chapter.
(2)

Effect
Nothing in this subsection prevents the payment of reasonable compensation to the officers of the corporation, or reimbursement for actual and necessary expenses, in amounts approved by the board of directors.
(c)

Loans
The corporation may not make any loan to any officer, director, member, or employee of the corporation.
(d)

No federal endorsement
The corporation may not claim congressional approval or Federal Government authority by virtue of the charter granted by this chapter for any of the activities of the corporation.
150410.

Duty to maintain tax-exempt status
The corporation shall maintain its status as an organization exempt from taxation under the Internal Revenue Code of 1986.
150411.

Records and inspection
(a)

Records
The corporation shall keep—
(1)
correct and complete books and records of accounts;
(2)
minutes of any proceeding of the corporation involving any of member of the corporation, the board of directors, or any committee having authority under the board of directors; and
(3)
at the principal office of the corporation, a record of the names and addresses of all members of the corporation having the right to vote.
(b)

Inspection
(1)

In general
All books and records of the corporation may be inspected by any member having the right to vote, or by any agent or attorney of such a member, for any proper purpose, at any reasonable time.
(2)

Effect
Nothing in this section contravenes—
(A)
the laws of the jurisdiction under which the corporation is incorporated; or
(B)
the laws of those jurisdictions within the United States and its territories within which the corporation carries out activities in furtherance of the purposes of the corporation.
150412.

Service of process
With respect to service of process, the corporation shall comply with the laws of—
(1)
the jurisdiction under which the corporation is incorporated; and
(2)
those jurisdictions within the United States and its territories within which the corporation carries out activities in furtherance of the purposes of the corporation.
150413.

Liability for acts of officers and agents
The corporation shall be liable for the acts of the officers and agents of the corporation acting within the scope of their authority.
150414.

Failure to comply with requirements
If the corporation fails to comply with any of the requirements of this chapter, including the requirement under section 150410 to maintain its status as an organization exempt from taxation, the charter granted by this chapter shall expire.
150415.

Annual report
(a)

In general
The corporation shall submit to Congress an annual report describing the activities of the corporation during the preceding fiscal year.
(b)

Submittal date
Each annual report under this section shall be submitted at the same time as the report of the audit of the corporation required by section 10101(b).
(c)

Report not public document
No annual report under this section shall be printed as a public document.”.
(b)

Clerical amendment
The table of chapters for subtitle II of title 36, United States Code, is amended by inserting after the item relating to chapter 1503 the following:
“1504.
National American Indian Veterans, Incorporated
150401”.