[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4529 Introduced in House (IH)]

105th CONGRESS
  2d Session
                  H. R. 4529
 
  To codify without substantive change laws related to Patriotic and
National Observances, Ceremonies, and Organizations and to improve the
                    United States Code. 


 __________________________________________________________


              IN THE HOUSE OF REPRESENTATIVES 

                     September 9, 1998 

   Mr. Hyde introduced the following bill; which was referred to the 
                Committee on the Judiciary 

 __________________________________________________________

                          A BILL 


 
  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. 1A20201. Definition 
  ``For purposes of this chapter, `State' includes the District of 
Columbia and the territories and possessions of the United 
States.  
``Sec. 1A20202. 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. 1A20203. 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. 1A20204. 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. 1A20205. 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. 1A20206. 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. 1A20207. 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. 1A20208. 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. 1A20209. 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. 1A20210. 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. 1A20211. 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. 1A20212. 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: 

AIR FORCE SER20201''. 
          (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. 1A21001. Definition 
  ``For purposes of this chapter, `State' includes the District of 
Columbia and the territories and possessions of the United 
States.  
``Sec. 1A21002. 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. 1A21003. 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.  
``Sec. 1A21004. 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. 1A21005. 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. 1A21006. 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. 1A21007. 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. 1A21008. 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 Texas. 
  ``(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. 1A21009. 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. 1A21010. 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. 1A21011. 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. 1A21012. 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 209: 

AMERICA21001''.
          (6) In section 21703(1)(A)(iv), strike ``December 22, 1961'' 
        and substitute ``February 28, 1961''.  
          (7) In section 70103(b), strike ``the State 
        of''.  
          (8) In section 151303, subsections (f) and (g) are amended to 
        read as follows: 
  ``(f) Status.--Appointment to the board does not constitute 
appointment as an officer or employee of the United States Government 
for the purpose of any law of the United States. 
  ``(g) Compensation.--Members of the board serve without compensation. 
 
  ``(h) Liability.--Members of the board are not personally liable, 
except for gross negligence.''.  
          (9) In section 151305(b), strike ``the State 
        of''.  
          (10) In section 152903(8), strike ``Corporation'' and 
        substitute ``corporation''.  

SECTION 2. TECHNICAL AMENDMENTS TO OTHER LAWS  

  (a) The provisos in the paragraph under the heading ``American Battle 
Monuments Commission'' in the Departments of Veterans Affairs and 
Housing and Urban Development, and Independent Agencies Appropriations 
Act, 1998 (Public Law 1050965, Oct. 27, 1997, 111 Stat. 1368, 36 App. 
U.S.C. 121b, 122, and 122a) are repealed.  
  (b) Paragraph (3) of section 198(s) of the National and Community 
Service Act of 1990 (42 U.S.C. 12653(s)(3)) is 
repealed.  
  (c) Effective August 12, 1998, Public Law 10509225 (Aug. 12, 1998, 
112 Stat. 1253) is amended as follows:  
          (1) Section 4(b) is amended by striking ``2320(d)'' and 
        substituting ``2320(e)''.  
          (2) Section 7(a), and the amendment made by section 7(a), are 
        repealed.  

SECTION 3. EFFECTIVE DATE.  

  The amendment made by section 1(8) of this Act shall take effect as 
if included in the provisions of Public Law 10509225, as of the date of 
enactment of Public Law 105-225.  

SECTION 4. LEGISLATIVE PURPOSE AND CONSTRUCTION. 

  (a) No Substantive Change.--(1) Section 1 of this Act restates, 
without substantive change, laws enacted before September 5, 1998, that 
were replaced by section 1. Section 1 may not be construed as making a 
substantive change in the laws replaced. 
  (2) Laws enacted after September 4, 1998, that are inconsistent with 
this Act supersede this Act to the extent of the 
inconsistency. 
  (b) References.--A reference to a law replaced by this Act, including 
a reference in a regulation, order, or other law, is deemed to refer to 
the corresponding provision enacted by this Act. 
  (c) Continuing Effect.--An order, rule, or regulation in effect under 
a law replaced by this Act continues in effect under the corresponding 
provision enacted by this Act until repealed, amended, or 
superseded. 
  (d) Actions and Offenses Under Prior Law.--An action taken or an 
offense committed under a law replaced by this Act is deemed to have 
been taken or committed under the corresponding provision enacted by 
this Act. 
  (e) Inferences.--An inference of a legislative construction is not to 
be drawn by reason of the location in the United States Code of a 
provision enacted by this Act or by reason of a heading of the 
provision. 
  (f) Severability.--If a provision enacted by this Act is held 
invalid, all valid provisions that are severable from the invalid 
provision remain in effect. If a provision enacted by this Act is held 
invalid in any of its applications, the provision remains valid for all 
valid applications that are severable from any of the invalid 
applications.  

SECTION 5. REPEALS. 

  (a) Inferences of Repeal.--The repeal of a law by this Act may not be 
construed as a legislative inference that the provision was or was not 
in effect before its repeal. 
  (b) Repealer Schedule.--The laws specified in the following schedule 
are repealed, except for rights and duties that matured, penalties that 
were incurred, and proceedings that were begun before the date of 
enactment of this Act:   

                                                         Schedule of Laws Repealed
                                                             Statutes at Large
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Statutes at Large                      U.S. Code
      Date         Chapter or Public  Section  ---------------------------------------------------------------------------------
                                Law                         Volume        Page                 Title           Section
--------------------------------------------------------------------------------------------------------------------------------------------------------
 1997                                                                                                                                             
Nov. 18            105-85..........  1082, 1501-1516....     111         1917, 1963.......     36 App.          189a, 1101,
                                                                                                                5801-5815
 
Nov. 20            105-110.........  ...................     111         2270.............     36 App.          45
 
 1998
 
Aug. 7            105-220.........  413.................     112         1241.............     36 App.          155b
Aug. 13           105-231.........  1-16................     112         1530.............     36 App.          1101,
                                                                                                                5901-5915
 
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                                                                                     

                                                                                                                   

