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

II 116TH CONGRESS 2D SESSION S. 4715 To grant a Federal charter to the National American Indian Veterans, Incorporated. IN THE SENATE OF THE UNITED STATES SEPTEMBER 24, 2020 Mr. ROUNDS (for himself and Mr. THUNE) introduced the following bill; which was read twice and 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. RECOGNITION AS CORPORATION AND GRANT 3 OF FEDERAL CHARTER FOR NATIONAL 4 AMERICAN INDIAN VETERANS, INCOR- 5 PORATED. 6 (a) IN GENERAL.—Part B of subtitle II of title 36, 7 United States Code, is amended by inserting after chapter 8 1503 the following: 9 VerDate Sep 11 2014 05:38 Oct 15, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S4715.IS S4715 kjohnson on DSK79L0C42PROD with BILLS 2 •S 4715 IS ‘‘CHAPTER 1504—NATIONAL AMERICAN 1 INDIAN VETERANS, INCORPORATED 2 ‘‘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 3 ‘‘The National American Indian Veterans, Incor- 4 porated, a nonprofit corporation organized in the United 5 States (referred to in this chapter the ‘corporation’), is 6 a federally chartered corporation. 7 ‘‘§ 150402. Purposes 8 ‘‘The purposes of the corporation are those stated in 9 the articles of incorporation, constitution, and bylaws of 10 the corporation, and include a commitment— 11 ‘‘(1) to uphold and defend the Constitution of 12 the United States while respecting the sovereignty of 13 the American Indian Nations; 14 ‘‘(2) to unite under one body all American In- 15 dian veterans who served in the Armed Forces of 16 United States; 17 VerDate Sep 11 2014 05:38 Oct 15, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4715.IS S4715 kjohnson on DSK79L0C42PROD with BILLS 3 •S 4715 IS ‘‘(3) to be an advocate on behalf of all Amer- 1 ican Indian veterans without regard to whether they 2 served during times of peace, conflict, or war; 3 ‘‘(4) to promote social welfare (including edu- 4 cational, economic, social, physical, and cultural val- 5 ues and traditional healing) in the United States by 6 encouraging the growth and development, readjust- 7 ment, self-respect, self-confidence, contributions, and 8 self-identity of American Indian veterans; 9 ‘‘(5) to serve as an advocate for the needs of 10 American Indian veterans and their families and 11 survivors in their dealings with all Federal and State 12 government agencies; 13 ‘‘(6) to promote, support, and utilize research, 14 on a nonpartisan basis, pertaining to the relation- 15 ship between American Indian veterans and Amer- 16 ican society; and 17 ‘‘(7) to provide technical assistance to the Bu- 18 reau of Indian Affairs regional areas that are not 19 served by any veterans committee or organization or 20 program by— 21 ‘‘(A) providing outreach service to Indian 22 Tribes in need; and 23 VerDate Sep 11 2014 05:38 Oct 15, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4715.IS S4715 kjohnson on DSK79L0C42PROD with BILLS 4 •S 4715 IS ‘‘(B) training and educating Tribal Vet- 1 erans Service Officers for Indian Tribes in 2 need. 3 ‘‘§ 150403. Membership 4 ‘‘Subject to section 150406, eligibility for member- 5 ship in the corporation, and the rights and privileges of 6 members, shall be as provided in the constitution and by- 7 laws of the corporation. 8 ‘‘§ 150404. Board of directors 9 ‘‘Subject to section 150406, the board of directors of 10 the corporation, and the responsibilities of the board, shall 11 be as provided in the constitution and bylaws of the cor- 12 poration and in conformity with the laws under which the 13 corporation is incorporated. 14 ‘‘§ 150405. Officers 15 ‘‘Subject to section 150406, the officers of the cor- 16 poration, and the election of such officers, shall be as pro- 17 vided in the constitution and bylaws of the corporation and 18 in conformity with the laws of the jurisdiction under which 19 the corporation is incorporated. 20 ‘‘§ 150406. Nondiscrimination 21 ‘‘In establishing the conditions of membership in the 22 corporation, and in determining the requirements for serv- 23 ing on the board of directors or as an officer of the cor- 24 poration, the corporation may not discriminate on the 25 VerDate Sep 11 2014 05:38 Oct 15, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4715.IS S4715 kjohnson on DSK79L0C42PROD with BILLS 5 •S 4715 IS basis of race, color, religion, sex, national origin, handicap, 1 or age. 2 ‘‘§ 150407. Powers 3 ‘‘The corporation shall have only those powers grant- 4 ed the corporation through its articles of incorporation, 5 constitution, and bylaws, which shall conform to the laws 6 of the jurisdiction under which the corporation is incor- 7 porated. 8 ‘‘§ 150408. Exclusive right to name, seals, emblems, 9 and badges 10 ‘‘(a) IN GENERAL.—The corporation shall have the 11 sole and exclusive right to use the names ‘National Amer- 12 ican Indian Veterans, Incorporated’ and ‘National Amer- 13 ican Indian Veterans’, and such seals, emblems, and 14 badges as the corporation may lawfully adopt. 15 ‘‘(b) EFFECT.—Nothing in this section interferes or 16 conflicts with any established or vested rights. 17 ‘‘§ 150409. Restrictions 18 ‘‘(a) STOCK AND DIVIDENDS.—The corporation may 19 not— 20 ‘‘(1) issue any shares of stock; or 21 ‘‘(2) declare or pay any dividends. 22 ‘‘(b) DISTRIBUTION OF INCOME OR ASSETS.— 23 ‘‘(1) IN GENERAL.—The income or assets of the 24 corporation may not— 25 VerDate Sep 11 2014 05:38 Oct 15, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S4715.IS S4715 kjohnson on DSK79L0C42PROD with BILLS 6 •S 4715 IS ‘‘(A) inure to any person who is a member, 1 officer, or director of the corporation; or 2 ‘‘(B) be distributed to any such person 3 during the life of the charter granted by this 4 chapter. 5 ‘‘(2) EFFECT.—Nothing in this subsection pre- 6 vents the payment of reasonable compensation to the 7 officers of the corporation, or reimbursement for ac- 8 tual and necessary expenses, in amounts approved 9 by the board of directors. 10 ‘‘(c) LOANS.—The corporation may not make any 11 loan to any officer, director, member, or employee of the 12 corporation. 13 ‘‘(d) NO FEDERAL ENDORSEMENT.—The corpora- 14 tion may not claim congressional approval or Federal Gov- 15 ernment authority by virtue of the charter granted by this 16 chapter for any of the activities of the corporation. 17 ‘‘§ 150410. Duty to maintain tax-exempt status 18 ‘‘The corporation shall maintain its status as an or- 19 ganization exempt from taxation under the Internal Rev- 20 enue Code of 1986. 21 ‘‘§ 150411. Records and inspection 22 ‘‘(a) RECORDS.—The corporation shall keep— 23 ‘‘(1) correct and complete books and records of 24 accounts; 25 VerDate Sep 11 2014 05:38 Oct 15, 2020 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S4715.IS S4715 kjohnson on DSK79L0C42PROD with BILLS 7 •S 4715 IS ‘‘(2) minutes of any proceeding of the corpora- 1 tion involving any of member of the corporation, the 2 board of directors, or any committee having author- 3 ity under the board of directors; and 4 ‘‘(3) at the principal office of the corporation, 5 a record of the names and addresses of all members 6 of the corporation having the right to vote. 7 ‘‘(b) INSPECTION.— 8 ‘‘(1) IN GENERAL.—All books and records of 9 the corporation may be inspected by any member 10 having the right to vote, or by any agent or attorney 11 of such a member, for any proper purpose, at any 12 reasonable time. 13 ‘‘(2) EFFECT.—Nothing in this section con- 14 travenes— 15 ‘‘(A) the laws of the jurisdiction under 16 which the corporation is incorporated; or 17 ‘‘(B) the laws of those jurisdictions within 18 the United States and its territories within 19 which the corporation carries out activities in 20 furtherance of the purposes of the corporation. 21 ‘‘§ 150412. Service of process 22 ‘‘With respect to service of process, the corporation 23 shall comply with the laws of— 24 VerDate Sep 11 2014 05:38 Oct 15, 2020 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S4715.IS S4715 kjohnson on DSK79L0C42PROD with BILLS 8 •S 4715 IS ‘‘(1) the jurisdiction under which the corpora- 1 tion is incorporated; and 2 ‘‘(2) those jurisdictions within the United 3 States and its territories within which the corpora- 4 tion carries out activities in furtherance of the pur- 5 poses of the corporation. 6 ‘‘§ 150413. Liability for acts of officers and agents 7 ‘‘The corporation shall be liable for the acts of the 8 officers and agents of the corporation acting within the 9 scope of their authority. 10 ‘‘§ 150414. Failure to comply with requirements 11 ‘‘If the corporation fails to comply with any of the 12 requirements of this chapter, including the requirement 13 under section 150410 to maintain its status as an organi- 14 zation exempt from taxation, the charter granted by this 15 chapter shall expire. 16 ‘‘§ 150415. Annual report 17 ‘‘(a) IN GENERAL.—The corporation shall submit to 18 Congress an annual report describing the activities of the 19 corporation during the preceding fiscal year. 20 ‘‘(b) SUBMITTAL DATE.—Each annual report under 21 this section shall be submitted at the same time as the 22 report of the audit of the corporation required by section 23 10101(b). 24 VerDate Sep 11 2014 05:38 Oct 15, 2020 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S4715.IS S4715 kjohnson on DSK79L0C42PROD with BILLS 9 •S 4715 IS ‘‘(c) REPORT NOT PUBLIC DOCUMENT.—No annual 1 report under this section shall be printed as a public docu- 2 ment.’’. 3 (b) CLERICAL AMENDMENT.—The table of chapters 4 for subtitle II of title 36, United States Code, is amended 5 by inserting after the item relating to chapter 1503 the 6 following: 7 ‘‘1504. National American Indian Veterans, Incorporated ....................150401’’. Æ VerDate Sep 11 2014 05:38 Oct 15, 2020 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6301 E:\BILLS\S4715.IS S4715 kjohnson on DSK79L0C42PROD with BILLS