[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1759 Introduced in Senate (IS)]







105th CONGRESS
  2d Session
                                S. 1759

   To grant a Federal charter to the American GI Forum of the United 
                                States.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 13, 1998

  Mr. Hatch (for himself, Mr. Campbell, Mr. McCain, Mr. Abraham, Mr. 
 Domenici, Mr. Grassley, and Mrs. Hutchison) 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 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 New Mexico, 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 
New Mexico and subject to the laws of the State of New Mexico.

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 New Mexico 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 New Mexico.

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 New Mexico.

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 
New Mexico.
    (f) Corporate Function.--The corporation shall function as an 
educational, patriotic, civic, historical, and research organization 
under the laws of the State of New Mexico.
    (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.
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