Home > 105th Congressional Bills > S. 1759 (is) To grant a Federal charter to the American GI Forum of the United States. ...S. 1759 (is) To grant a Federal charter to the American GI Forum of the United States. ...
105th CONGRESS
2d Session
S. 1759
_______________________________________________________________________
AN ACT
To grant a Federal charter to the American GI Forum of the United
States.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. RECOGNITION AND GRANT OF FEDERAL CHARTER.
The American GI Forum of the United States, a nonprofit corporation
organized under the laws of the State of Texas, is recognized as such
and granted a Federal charter.
SEC. 2. POWERS.
The American GI Forum of the United States (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 of
Texas and subject to the laws of the State of Texas.
SEC. 3. PURPOSES.
The purposes of the corporation are those provided in its bylaws
and articles of incorporation and shall include the following:
(1) To secure the blessing of American democracy at every
level of local, State, and national life for all United States
citizens.
(2) To uphold and defend the Constitution and the United
States flag.
(3) To foster and perpetuate the principles of American
democracy based on religious and political freedom for the
individual and equal opportunity for all.
(4) To foster and enlarge equal educational opportunities,
equal economic opportunities, equal justice under the law, and
equal political opportunities for all United States citizens,
regardless of race, color, religion, sex, or national origin.
(5) To encourage greater participation of the ethnic
minority represented by the corporation in the policy-making
and administrative activities of all departments, agencies, and
other governmental units of local and State governments and the
Federal Government.
(6) To combat all practices of a prejudicial or
discriminatory nature in local, State, or national life which
curtail, hinder, or deny to any United States citizen an equal
opportunity to develop full potential as an individual.
(7) To foster and promote the broader knowledge and
appreciation by all United States citizens of their cultural
heritage and language.
SEC. 4. SERVICE OF PROCESS.
With respect to service of process, the corporation shall comply
with the laws of the State of Texas 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(g), eligibility for membership in
the corporation and the rights and privileges of members shall be as
provided in the bylaws and articles of incorporation of the
corporation.
SEC. 6. BOARD OF DIRECTORS.
Except as provided in section 8(g), the composition of the board of
directors of the corporation and the responsibilities of the board
shall be as provided in the bylaws and articles of incorporation of the
corporation and in conformity with the laws of the State of Texas.
SEC. 7. OFFICERS.
Except as provided in section 8(g), the positions of officers of
the corporation and the election of members to such positions shall be
as provided in the bylaws and articles of incorporation of the
corporation and in conformity with the laws of the State of Texas.
SEC. 8. RESTRICTIONS.
(a) Income and Compensation.--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 may be
construed to prevent the payment of reasonable compensation to the
officers and employees 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 member,
officer, director, or employee of the corporation.
(c) Issuance of Stock and Payment of Dividends.--The corporation
may not issue any shares of stock or declare or pay any dividends.
(d) Disclaimer of Congressional or Federal Approval.--The
corporation may not claim the approval of Congress or the authorization
of the Federal Government for any of its activities by virtue of this
Act.
(e) Corporate Status.--The corporation shall maintain its status as
a corporation organized and incorporated under the laws of the State of
Texas.
(f) Corporate Function.--The corporation shall function as an
educational, patriotic, civic, historical, and research organization
under the laws of the State of Texas.
(g) 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, disability, age, or national origin.
SEC. 9. LIABILITY.
The corporation shall be liable for the acts of its officers,
directors, employees, and agents whenever such individuals act within
the scope of their authority.
SEC. 10. MAINTENANCE AND INSPECTION OF BOOKS AND RECORDS.
(a) Books and Records of Account.--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.
(b) Names and Addresses of Members.--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.
(c) Right To Inspect Books and Records.--All books and records of
the corporation may be inspected by any member having the right to vote
in any proceeding of the corporation, or by any agent or attorney of
such member, for any proper purpose at any reasonable time.
(d) Application of State Law.--This section may not be construed to
contravene any applicable State law.
SEC. 11. 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 adding at the
end the following:
``(80) American GI Forum of the United States.''.
SEC. 12. ANNUAL REPORT.
The corporation shall annually submit to Congress a report
concerning the activities of the corporation during the preceding
fiscal year. The annual report shall be submitted on the same date as
the report of the audit required by reason of the amendment made in
section 11. The annual report shall not be printed as a public
document.
SEC. 13. RESERVATION OF RIGHT TO ALTER, AMEND, OR REPEAL CHARTER.
The right to alter, amend, or repeal this Act is expressly reserved
to Congress.
SEC. 14. TAX-EXEMPT STATUS REQUIRED AS CONDITION OF CHARTER.
If the corporation fails to maintain its status as a corporation
exempt from taxation as provided in the Internal Revenue Code of 1986
the charter granted in this Act shall terminate.
SEC. 15. TERMINATION.
The charter granted in this Act shall expire if the corporation
fails to comply with any of the provisions of this Act.
SEC. 16. DEFINITION OF STATE.
For purposes of this Act, the term ``State'' includes the District
of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the
Northern Mariana Islands, and the territories and possessions of the
United States.
Passed the Senate July 31, 1998.
Attest:
Secretary.
105th CONGRESS
2d Session
S. 1759
_______________________________________________________________________
AN ACT
To grant a Federal charter to the American GI Forum of the United
States.
Pages: 1 Other Popular 105th Congressional Bills Documents:
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