Text: S.1476 — 102nd Congress (1991-1992)All Information (Except Text)

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Introduced in Senate

 
 
S 1476 IS
102d CONGRESS
1st Session
S. 1476
To recognize the organization known as the Shepherd's Centers of America,
Incorporated.
IN THE SENATE OF THE UNITED STATES
July 16 (legislative day, JULY 8), 1991
Mr. DANFORTH (for himself, Mr. BOND, Mrs. KASSEBAUM, Mr. GRASSLEY, Mr. MACK,
Mr. COCHRAN, Mr. NUNN, Mr. AKAKA, Mr. GORE, Mr. COATS, Mr. FOWLER, Mr. HARKIN,
Mr. HOLLINGS, Mr. SANFORD, Mr. ADAMS, Mr. SHELBY, Mr. BREAUX, Mr. JOHNSTON,
Mr. BENTSEN, and Mr. D'AMATO) introduced the following bill; which was read
twice and referred to the Committee on the Judiciary
A BILL
To recognize the organization known as the Shepherd's Centers of America,
Incorporated.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION 1. CHARTER.
  The Shepherd's Centers of America, Incorporated, a nonprofit corporation
  organized under the laws of the State of Missouri is recognized as such
  and is granted a Federal charter.
SEC. 2. POWERS.
  The Shepherd's Centers of America, Incorporated, (hereafter in this Act
  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.
SEC. 3. OBJECTS AND PURPOSES OF CORPORATION.
  The objects and purposes of the corporation are those provided in its
  articles of incorporation.
SEC. 4. SERVICE OF PROCESS.
  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.
SEC. 5. MEMBERSHIP.
  Except as provided in section 8, eligibility for membership in the
  corporation and the rights and privileges of members of the corporation
  shall be as provided in the constitution and bylaws of the corporation.
SEC. 6. BOARD OF DIRECTORS; COMPOSITION; RESPONSIBILITIES.
  Except as provided in section 8, 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.
SEC. 7. OFFICERS OF CORPORATION.
  Except as provided in section 8, 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.
SEC. 8. NONDISCRIMINATION.
  In establishing the conditions of membership in the corporation and in
  determining the requirements for serving on the board of the directors or
  as an officer of the corporation, the corporation may not discriminate on
  the basis of race, color, religion, sex, disability, age or national origin.
SEC. 9. RESTRICTIONS.
  (a) INCOME AND ASSETS- 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 and necessary expenses in amounts approved by
  the board of directors.
  (b) LOANS- The corporation may not make any loan to any officer, director,
  or employee of the corporation.
  (c) POLITICAL ACTIVITY- The corporation may not contribute to, support,
  or otherwise participate in any political activity or attempt in any manner
  to influence legislation.
  (2)   No officer or director of the corporation, acting as such officer
  or director may commit any act prohibited under paragraph (1) of this
  subsection.
  (d) SHARES OF STOCK- The corporation shall have no power to issue any
  shares of stock nor to declare or pay any dividends.
  (e) CONGRESSIONAL APPROVAL- The corporation shall not claim congressional
  approval or the authorization of the Federal Government for any of its
  activities.
SEC. 10. LIABILITY.
  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.
SEC. 11. BOOKS AND RECORDS; INSPECTION.
  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.
SEC. 12. AUDIT OF FINANCIAL TRANSACTIONS.
  The first section of the Act entitled ` An Act to provide for audit of
  accounts of private corporations established under Federal law', approved
  August 30, 1964 (36 U.S.C. 1101), is amended by--
  (1) striking out `(60) National Mining Hall of Fame and Museum';
  (2) inserting  after paragraph (70) the following:
  `(71) National Mining Hall of Fame and Museum.';
  (3) designating the unnumbered paragraph relating to the Non Commissioned
  Officers Association of the United States of America, Incorporated, as
  paragraph (73); and
  (4) adding at the end thereof the following:
  `(74) Shepherd's Centers of America, Incorporated.'.
SEC. 13. ANNUAL REPORT.
  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 12 of this Act. The report shall not be printed
  as a public document.
SEC. 14. RESERVATION OF RIGHT TO AMEND OR REPEAL CHARTER.
  The right to alter, amend, or repeal this Act is expressly reserved to
  the Congress.
SEC. 15. DEFINITION OF `STATE'.
  For purposes of this Act, the term `State' means each of the several
  States of the United States, the District of Columbia, the Commonwealth of
  Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth
  of the Northern Mariana Islands, the Republic of the Marshall Islands,
  the Federated States of Micronesia, the Republic of Palau; and any other
  possession of the United States.
SEC. 16. TAX-EXEMPT STATUS.
  The corporation shall maintain its status as an organization exempt from
  taxation as provided in the Internal Revenue Code of 1986. If the corporation
  fails to maintain such status, the charter granted by this Act shall expire.
SEC. 17. EXCLUSIVE RIGHTS TO NAMES.
  The corporation shall have the sole and exclusive right to use the name
  `Shepherd's Centers of America', and such seals, emblems, and badges as the
  corporation may lawfully adopt. Nothing in this section may be construed
  to conflict or interfere with established or vested rights.
SEC. 18. TERMINATION.
  If the corporation shall fail to comply with any of the restrictions or
  provisions of this Act, the charter granted by this Act shall expire.