Home > 105th Congressional Bills > S. 2524 (is) To codify without substantive change laws related to Patriotic and National Observances, Ceremonies, and Organizations and to improve the United States Code. ...S. 2524 (is) To codify without substantive change laws related to Patriotic and National Observances, Ceremonies, and Organizations and to improve the United States Code. ...
105th CONGRESS
2d Session
S. 2524
_______________________________________________________________________
AN ACT
To codify without substantive change laws related to Patriotic and
National Observances, Ceremonies, and Organizations and to improve the
United States Code.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. TITLE 36, UNITED STATES CODE.
Title 36, United States Code, is amended as follows:
(1) In section 902, strike subsections (b) and (c) and
substitute the following:
``(b) Required Display.--The POW/MIA flag shall be displayed at the
locations specified in subsection (d) of this section on POW/MIA flag
display days. The display serves--
``(1) as the symbol of the Nation's concern and commitment to
achieving the fullest possible accounting of Americans who,
having been prisoners of war or missing in action, still remain
unaccounted for; and
``(2) as the symbol of the Nation's commitment to achieving
the fullest possible accounting for Americans who in the future
may become prisoners of war, missing in action, or otherwise
unaccounted for as a result of hostile action.
``(c) Days for Flag Display.--(1) For purposes of this section, POW/
MIA flag display days are the following:
``(A) Armed Forces Day, the third Saturday in May.
``(B) Memorial Day, the last Monday in May.
``(C) Flag Day, June 14.
``(D) Independence Day, July 4.
``(E) National POW/MIA Recognition Day.
``(F) Veterans Day, November 11.
``(2) In addition to the days specified in paragraph (1) of this
subsection, POW/MIA flag display days include--
``(A) in the case of display at medical centers of the
Department of Veterans Affairs (required by subsection (d)(7)
of this section), any day on which the flag of the United
States is displayed; and
``(B) in the case of display at United States Postal Service
post offices (required by subsection (d)(8) of this section),
the last business day before a day specified in paragraph (1)
that in any year is not itself a business day.
``(d) Locations for Flag Display.--The locations for the display of
the POW/MIA flag under subsection (b) of this section are the
following:
``(1) The Capitol.
``(2) The White House.
``(3) The Korean War Veterans Memorial and the Vietnam
Veterans Memorial.
``(4) Each national cemetery.
``(5) The buildings containing the official office of--
``(A) the Secretary of State;
``(B) the Secretary of Defense;
``(C) the Secretary of Veterans Affairs; and
``(D) the Director of the Selective Service System.
``(6) Each major military installation, as designated by the
Secretary of Defense.
``(7) Each medical center of the Department of Veterans
Affairs.
``(8) Each United States Postal Service post office.
``(e) Coordination With Other Display Requirement.--Display of the
POW/MIA flag at the Capitol pursuant to subsection (d)(1) of this
section is in addition to the display of that flag in the Rotunda of
the Capitol pursuant to Senate Concurrent Resolution 5 of the 101st
Congress, agreed to on February 22, 1989 (103 Stat. 2533).
``(f) Display To Be in a Manner Visible to the Public.--Display of
the POW/MIA flag pursuant to this section shall be in a manner designed
to ensure visibility to the public.
``(g) Limitation.--This section may not be construed or applied so as
to require any employee to report to work solely for the purpose of
providing for the display of the POW/MIA flag.''.
(2) In section 2102(b), strike ``designated personnel'' and
substitute ``personnel made available to the Commission''.
(3) In section 2501(2), insert ``solicit,'' before
``accept,''.
(4)(A) Insert after chapter 201 the following:
``CHAPTER 202--AIR FORCE SERGEANTS ASSOCIATION
``Sec.
``20201. Definition.
``20202. Organization.
``20203. Purposes.
``20204. Membership.
``20205. Governing body.
``20206. Powers.
``20207. Restrictions.
``20208. Duty to maintain corporate and tax-exempt status.
``20209. Records and inspection.
``20210. Service of process.
``20211. Liability for acts of officers and agents.
``20212. Annual report.
``Sec. 20201. Definition
``For purposes of this chapter, `State' includes the District of
Columbia and the territories and possessions of the United States.
``Sec. 20202. Organization
``(a) Federal Charter.--Air Force Sergeants Association (in this
chapter, the `corporation'), a nonprofit corporation incorporated in
the District of Columbia, is a federally chartered corporation.
``(b) Expiration of Charter.--If the corporation does not comply with
any provision of this chapter, the charter granted by this chapter
expires.
``Sec. 20203. Purposes
``(a) General.--The purposes of the corporation are as provided in
its bylaws and articles of incorporation and include--
``(1) helping to maintain a highly dedicated and professional
corps of enlisted personnel within the United States Air Force,
including the United States Air Force Reserve, and the Air
National Guard;
``(2) supporting fair and equitable legislation and
Department of the Air Force policies and influencing by lawful
means departmental plans, programs, policies, and legislative
proposals that affect enlisted personnel of the Regular Air
Force, the Air Force Reserve, and the Air National Guard, its
retirees, and other veterans of enlisted service in the Air
Force;
``(3) actively publicizing the roles of enlisted personnel in
the United States Air Force;
``(4) participating in civil and military activities, youth
programs, and fundraising campaigns that benefit the United
States Air Force;
``(5) providing for the mutual welfare of members of the
corporation and their families;
``(6) assisting in recruiting for the United States Air
Force;
``(7) assembling together for social activities;
``(8) maintaining an adequate Air Force for our beloved
country;
``(9) fostering among the members of the corporation a
devotion to fellow airmen; and
``(10) serving the United States and the United States Air
Force loyally, and doing all else necessary to uphold and
defend the Constitution of the United States.
``(b) Corporate Function.--The corporation shall function as an
educational, patriotic, civic, historical, and research organization
under the laws of the District of Columbia.
``Sec. 20204. Membership
``(a) Eligibility.--Except as provided in this chapter, eligibility
for membership in the corporation and the rights and privileges of
members are as provided in the bylaws and articles of incorporation.
``(b) Nondiscrimination.--The terms of membership may not
discriminate on the basis of race, color, religion, sex, disability,
age, or national origin.
Sec. ``20205. Governing body
``(a) Board of Directors.--The board of directors and the
responsibilities of the board are as provided in the bylaws and
articles of incorporation.
``(b) Officers.--The officers and the election of officers are as
provided in the bylaws and articles of incorporation.
``(c) Nondiscrimination.--The requirements for serving as a director
or officer may not discriminate on the basis of race, color, religion,
sex, disability, age, or national origin.
``Sec. 20206. Powers
``The corporation has only the powers provided in its bylaws and
articles of incorporation filed in each State in which it is
incorporated.
``Sec. 20207. Restrictions
``(a) Stock and Dividends.--The corporation may not issue stock or
declare or pay a dividend.
``(b) Distribution of Income or Assets.--The income or assets of the
corporation may not inure to the benefit of, or be distributed to, a
director, officer, or member during the life of the charter granted by
this chapter. This subsection does not prevent the payment of
reasonable compensation to an officer or employee or reimbursement for
actual necessary expenses in amounts approved by the board of
directors.
``(c) Loans.--The corporation may not make a loan to a director,
officer, employee, or member.
``(d) Claim of Governmental Approval or Authority.--The corporation
may not claim congressional approval or the authority of the United
States Government for any of its activities.
``Sec. 20208. Duty to maintain corporate and tax-exempt status
``(a) Corporate Status.--The corporation shall maintain its status as
a corporation incorporated under the laws of the District of Columbia.
``(b) Tax-Exempt Status.--The corporation shall maintain its status
as an organization exempt from taxation under the Internal Revenue Code
of 1986 (26 U.S.C. 1 et seq.).
``Sec. 20209. Records and inspection
``(a) Records.--The corporation shall keep--
``(1) correct and complete records of account;
``(2) minutes of the proceedings of its members, board of
directors, and committees having any of the authority of its
board of directors; and
``(3) at its principal office, a record of the names and
addresses of its members entitled to vote.
``(b) Inspection.--A member entitled to vote, or an agent or attorney
of the member, may inspect the records of the corporation for any
proper purpose, at any reasonable time.
``Sec. 20210. Service of process
``The corporation shall comply with the law on service of process of
each State in which it is incorporated and each State in which it
carries on activities.
``Sec. 20211. Liability for acts of officers and agents
``The corporation is liable for the acts of its officers and agents
acting within the scope of their authority.
``Sec. 20212. Annual report
``The corporation shall submit an annual report to Congress on the
activities of the corporation during the prior fiscal year. The report
shall be submitted at the same time as the report of the audit required
by section 10101 of this title. The report may not be printed as a
public document.''.
(B) In the table of chapters at the beginning of subtitle II,
insert after the item related to chapter 201:
``202. AIR FORCE SERGEANTS ASSOCIATION........................
20201''.
(5)(A) Insert after chapter 209 the following:
``CHAPTER 210--AMERICAN GI FORUM OF THE UNITED STATES
``Sec.
``21001. Definition.
``21002. Organization.
``21003. Purposes.
``21004. Membership.
``21005. Governing body.
``21006. Powers.
``21007. Restrictions.
``21008. Duty to maintain corporate and tax-exempt status.
``21009. Records and inspection.
``21010. Service of process.
``21011. Liability for acts of officers and agents.
``21012. Annual report.
``Sec. 21001. Definition
``For purposes of this chapter, `State' includes the District of
Columbia and the territories and possessions of the United States.
``Sec. 21002. Organization
``(a) Federal Charter.--American GI Forum of the United States (in
this chapter, the `corporation'), a nonprofit corporation incorporated
in Texas, is a federally chartered corporation.
``(b) Expiration of Charter.--If the corporation does not comply with
any provision of this chapter, the charter granted by this chapter
expires.
``Sec. 21003. Purposes
``(a) General.--The purposes of the corporation are as provided in
its bylaws and articles of incorporation and include--
``(1) securing the blessing of American democracy at every
level of local, State, and national life for all United States
citizens;
``(2) upholding and defending the Constitution and the United
States flag;
``(3) fostering and perpetuating the principles of American
democracy based on religious and political freedom for the
individual and equal opportunity for all;
``(4) fostering and enlarging 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) encouraging 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
United States Government;
``(6) combating 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; and
``(7) fostering and promoting the broader knowledge and
appreciation by all United States citizens of their cultural
heritage and language.
``(b) Corporate Function.--The corporation shall function as an
educational, patriotic, civic, historical, and research organization
under the laws of Texas.
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