Text: S.2938 — 108th Congress (2003-2004)All Information (Except Text)

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Referred in House (11/16/2004)

 
[Congressional Bills 108th Congress]
[From the U.S. Government Printing Office]
[S. 2938 Referred in House (RFH)]

  2d Session
                                S. 2938


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 16, 2004

               Referred to the Committee on the Judiciary

_______________________________________________________________________

                                 AN ACT


 
 To grant a Federal charter to the National American Indian Veterans, 
                             Incorporated.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 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 new 
chapter:

    ``CHAPTER 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.
``Sec. 150401. Organization
    ``The National American Indian Veterans, Incorporated, a nonprofit 
corporation organized in the United States (in this chapter referred to 
as the `corporation'), is a federally chartered corporation.
``Sec. 150402. Purposes
    ``The purposes of the corporation are those stated in its articles 
of incorporation, constitution, and bylaws, and include a commitment--
            ``(1) to uphold and defend the Constitution of the United 
        States while respecting the sovereignty of the American Indian, 
        Alaska Native, and Native Hawaiian Nations;
            ``(2) to unite under one body all American Indian, Alaska 
        Native, and Native Hawaiian veterans who served in the Armed 
        Forces of United States;
            ``(3) to be an advocate on behalf of all American Indian, 
        Alaska Native, and Native Hawaiian veterans without regard to 
        whether they served during times of peace, conflict, or war;
            ``(4) to promote social welfare (including educational, 
        economic, social, physical, 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, Alaska Native, and Native Hawaiian veterans, their 
        families, or 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 the 
        American Indian, Alaska Native, and Native Hawaiian veterans 
        and American society; and
            ``(7) to provide technical assistance to the 12 regional 
        areas without veterans committees or organizations and programs 
        by--
                    ``(A) providing outreach service to those Tribes in 
                need; and
                    ``(B) training and educating Tribal Veterans 
                Service Officers for those Tribes in need.
``Sec. 150403. Membership
    ``Subject to section 150406 of this title, eligibility for 
membership in the corporation, and the rights and privileges of 
members, shall be as provided in the constitution and by-laws of the 
corporation.
``Sec. 150404. Board of directors
    ``Subject to section 150406 of this title, 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.
``Sec. 150405. Officers
    ``Subject to section 150406 of this title, 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.
``Sec. 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.
``Sec. 150407. Powers
    ``The corporation shall have only those powers granted the 
corporation through its articles of incorporation and its constitution 
and bylaws which shall conform to the laws of the jurisdiction under 
which the corporation is incorporated.
``Sec. 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) Construction.--Nothing in this section shall be construed to 
interfere or conflict with established or vested rights.
``Sec. 150409. Restrictions
    ``(a) Stock and Dividends.--The corporation shall have no power to 
issue any shares of stock nor to declare or pay any dividends.
    ``(b) Distribution of Income or Assets.--(1) No part of the income 
or assets of the corporation shall inure to any person who is a member, 
officer, or director of the corporation or be distributed to any such 
person during the life of the charter granted by this chapter.
    ``(2) 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.
    ``(c) Loans.--The corporation shall not make any loan to any 
officer, director, member, or employee of the corporation.
    ``(d) No Federal Endorsement.--The corporation shall not claim 
congressional approval or Federal Government authority by virtue of the 
charter granted by this chapter for any of its activities.
``Sec. 150410. Duty to maintain tax-exempt status
    ``The corporation shall maintain its status as an organization 
exempt from taxation as provided in the Internal Revenue Code of 1986.
``Sec. 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 its members, the board of directors, or any 
        committee having authority under the board of directors; and
            ``(3) at its principal office, a record of the names and 
        addresses of all members having the right to vote.
    ``(b) Inspection.--(1) 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 member, for any proper purpose, at any reasonable 
time.
    ``(2) Nothing in this section shall be construed to contravene the 
laws of the jurisdiction under which the corporation is incorporated or 
the laws of those jurisdictions within which the corporation carries on 
its activities in furtherance of its purposes within the United States 
and its territories.
``Sec. 150412. Service of process
    ``With respect to service of process, the corporation shall comply 
with the laws of the jurisdiction under which the corporation is 
incorporated and those jurisdictions within which the corporation 
carries on its activities in furtherance of its purposes within the 
United States and its territories.
``Sec. 150413. Liability for acts of officers and agents
    ``The corporation shall be liable for the acts of the officers and 
agents of the corporation when such individuals act within the scope of 
their authority.
``Sec. 150414. Failure to comply with requirements
    ``If the corporation fails to comply with any of the restrictions 
or provisions of this chapter, including the requirement under section 
150410 of this title to maintain its status as an organization exempt 
from taxation, the charter granted by this chapter shall expire.
``Sec. 150415. Annual report
    ``(a) In General.--The corporation shall report annually to 
Congress concerning 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) of this title.
    ``(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 at the beginning of 
subtitle II of title 36, United States Code, is amended by insert after 
the item relating to chapter 1503 the following new item:

``1504. National American IndianVeterans, Incorporated......  150401''.

            Passed the Senate October 9, 2004.

            Attest:

                                             EMILY J. REYNOLDS,

                                                             Secretary.