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108th CONGRESS
2d Session
H. R. 5318
To grant a Federal charter to the National American Indian Veterans,
Incorporated.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 8, 2004
Ms. Herseth (for herself and Mr. Renzi) 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.
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 Indian Veterans, Incorporated..... 150401''.
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