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

117TH CONGRESS 2D SESSION S. 1725 AN ACT To grant a Federal charter to the National American Indian Veterans, Incorporated. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 2 † S 1725 ES SECTION 1. RECOGNITION AS CORPORATION AND GRANT 1 OF FEDERAL CHARTER FOR NATIONAL 2 AMERICAN INDIAN VETERANS, INCOR- 3 PORATED. 4 (a) IN GENERAL.—Part B of subtitle II of title 36, 5 United States Code, is amended by inserting after chapter 6 1503 the following: 7 ‘‘CHAPTER 1504—NATIONAL AMERICAN 8 INDIAN VETERANS, INCORPORATED 9 ‘‘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. ‘‘§ 150401 Organization 10 ‘‘The National American Indian Veterans, Incor- 11 porated, a nonprofit corporation organized in the United 12 States (referred to in this chapter the ‘corporation’), is 13 a federally chartered corporation. 14 ‘‘§ 150402. Purposes 15 ‘‘The purposes of the corporation are those stated in 16 the articles of incorporation, constitution, and bylaws of 17 the corporation, and include a commitment— 18 3 † S 1725 ES ‘‘(1) to uphold and defend the Constitution of 1 the United States while respecting the sovereignty of 2 the American Indian Nations; 3 ‘‘(2) to unite under one body all American In- 4 dian veterans who served in the Armed Forces of 5 United States; 6 ‘‘(3) to be an advocate on behalf of all Amer- 7 ican Indian veterans without regard to whether they 8 served during times of peace, conflict, or war; 9 ‘‘(4) to promote social welfare (including edu- 10 cational, economic, social, physical, and cultural val- 11 ues and traditional healing) in the United States by 12 encouraging the growth and development, readjust- 13 ment, self-respect, self-confidence, contributions, and 14 self-identity of American Indian veterans; 15 ‘‘(5) to serve as an advocate for the needs of 16 American Indian veterans and their families and 17 survivors in their dealings with all Federal and State 18 government agencies; 19 ‘‘(6) to promote, support, and utilize research, 20 on a nonpartisan basis, pertaining to the relation- 21 ship between American Indian veterans and Amer- 22 ican society; and 23 ‘‘(7) to provide technical assistance to the Bu- 24 reau of Indian Affairs regional areas that are not 25 4 † S 1725 ES served by any veterans committee or organization or 1 program by— 2 ‘‘(A) providing outreach service to Indian 3 Tribes in need; and 4 ‘‘(B) training and educating Tribal Vet- 5 erans Service Officers for Indian Tribes in 6 need. 7 ‘‘§ 150403. Membership 8 ‘‘Subject to section 150406, eligibility for member- 9 ship in the corporation, and the rights and privileges of 10 members, shall be as provided in the constitution and by- 11 laws of the corporation. 12 ‘‘§ 150404. Board of directors 13 ‘‘Subject to section 150406, the board of directors of 14 the corporation, and the responsibilities of the board, shall 15 be as provided in the constitution and bylaws of the cor- 16 poration and in conformity with the laws under which the 17 corporation is incorporated. 18 ‘‘§ 150405. Officers 19 ‘‘Subject to section 150406, the officers of the cor- 20 poration, and the election of such officers, shall be as pro- 21 vided in the constitution and bylaws of the corporation and 22 in conformity with the laws of the jurisdiction under which 23 the corporation is incorporated. 24 5 † S 1725 ES ‘‘§ 150406. Nondiscrimination 1 ‘‘In establishing the conditions of membership in the 2 corporation, and in determining the requirements for serv- 3 ing on the board of directors or as an officer of the cor- 4 poration, the corporation may not discriminate on the 5 basis of race, color, religion, sex, national origin, handicap, 6 or age. 7 ‘‘§ 150407. Powers 8 ‘‘The corporation shall have only those powers grant- 9 ed the corporation through its articles of incorporation, 10 constitution, and bylaws, which shall conform to the laws 11 of the jurisdiction under which the corporation is incor- 12 porated. 13 ‘‘§ 150408. Exclusive right to name, seals, emblems, 14 and badges 15 ‘‘(a) IN GENERAL.—The corporation shall have the 16 sole and exclusive right to use the names ‘National Amer- 17 ican Indian Veterans, Incorporated’ and ‘National Amer- 18 ican Indian Veterans’, and such seals, emblems, and 19 badges as the corporation may lawfully adopt. 20 ‘‘(b) EFFECT.—Nothing in this section interferes or 21 conflicts with any established or vested rights. 22 ‘‘§ 150409. Restrictions 23 ‘‘(a) STOCK AND DIVIDENDS.—The corporation may 24 not— 25 ‘‘(1) issue any shares of stock; or 26 6 † S 1725 ES ‘‘(2) declare or pay any dividends. 1 ‘‘(b) DISTRIBUTION OF INCOME OR ASSETS.— 2 ‘‘(1) IN GENERAL.—The income or assets of the 3 corporation may not— 4 ‘‘(A) inure to any person who is a member, 5 officer, or director of the corporation; or 6 ‘‘(B) be distributed to any such person 7 during the life of the charter granted by this 8 chapter. 9 ‘‘(2) EFFECT.—Nothing in this subsection pre- 10 vents the payment of reasonable compensation to the 11 officers of the corporation, or reimbursement for ac- 12 tual and necessary expenses, in amounts approved 13 by the board of directors. 14 ‘‘(c) LOANS.—The corporation may not make any 15 loan to any officer, director, member, or employee of the 16 corporation. 17 ‘‘(d) NO FEDERAL ENDORSEMENT.—The corpora- 18 tion may not claim congressional approval or Federal Gov- 19 ernment authority by virtue of the charter granted by this 20 chapter for any of the activities of the corporation. 21 ‘‘§ 150410. Duty to maintain tax-exempt status 22 ‘‘The corporation shall maintain its status as an or- 23 ganization exempt from taxation under the Internal Rev- 24 enue Code of 1986. 25 7 † S 1725 ES ‘‘§ 150411. Records and inspection 1 ‘‘(a) RECORDS.—The corporation shall keep— 2 ‘‘(1) correct and complete books and records of 3 accounts; 4 ‘‘(2) minutes of any proceeding of the corpora- 5 tion involving any of member of the corporation, the 6 board of directors, or any committee having author- 7 ity under the board of directors; and 8 ‘‘(3) at the principal office of the corporation, 9 a record of the names and addresses of all members 10 of the corporation having the right to vote. 11 ‘‘(b) INSPECTION.— 12 ‘‘(1) IN GENERAL.—All books and records of 13 the corporation may be inspected by any member 14 having the right to vote, or by any agent or attorney 15 of such a member, for any proper purpose, at any 16 reasonable time. 17 ‘‘(2) EFFECT.—Nothing in this section con- 18 travenes— 19 ‘‘(A) the laws of the jurisdiction under 20 which the corporation is incorporated; or 21 ‘‘(B) the laws of those jurisdictions within 22 the United States and its territories within 23 which the corporation carries out activities in 24 furtherance of the purposes of the corporation. 25 8 † S 1725 ES ‘‘§ 150412. Service of process 1 ‘‘With respect to service of process, the corporation 2 shall comply with the laws of— 3 ‘‘(1) the jurisdiction under which the corpora- 4 tion is incorporated; and 5 ‘‘(2) those jurisdictions within the United 6 States and its territories within which the corpora- 7 tion carries out activities in furtherance of the pur- 8 poses of the corporation. 9 ‘‘§ 150413. Liability for acts of officers and agents 10 ‘‘The corporation shall be liable for the acts of the 11 officers and agents of the corporation acting within the 12 scope of their authority. 13 ‘‘§ 150414. Failure to comply with requirements 14 ‘‘If the corporation fails to comply with any of the 15 requirements of this chapter, including the requirement 16 under section 150410 to maintain its status as an organi- 17 zation exempt from taxation, the charter granted by this 18 chapter shall expire. 19 ‘‘§ 150415. Annual report 20 ‘‘(a) IN GENERAL.—The corporation shall submit to 21 Congress an annual report describing the activities of the 22 corporation during the preceding fiscal year. 23 ‘‘(b) SUBMITTAL DATE.—Each annual report under 24 this section shall be submitted at the same time as the 25 9 † S 1725 ES report of the audit of the corporation required by section 1 10101(b). 2 ‘‘(c) REPORT NOT PUBLIC DOCUMENT.—No annual 3 report under this section shall be printed as a public docu- 4 ment.’’. 5 (b) CLERICAL AMENDMENT.—The table of chapters 6 for subtitle II of title 36, United States Code, is amended 7 by inserting after the item relating to chapter 1503 the 8 following: 9 ‘‘1504. National American Indian Veterans, Incorporated ............. 150401’’. Passed the Senate November 17, 2022. Attest: Secretary. 117TH CONGRESS 2D SESSION S. 1725 AN ACT To grant a Federal charter to the National American Indian Veterans, Incorporated.