[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2524 Enrolled Bill (ENR)]

        S.2524

                       One Hundred Fifth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and ninety-
                                  eight


                                 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.

``Sec. 21004. 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. 21005. 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. 21006. 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. 21007. 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. 21008. 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. 21009. 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. 21010. 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. 21011. 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. 21012. 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:

``210. AMERICAN GI FORUM OF THE UNITED STATES.................
                                                                21001''.

        (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''.

SEC. 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 105-65, 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 105-225 (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.

SEC. 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 105-225, as of the date of 
enactment of Public Law 105-225.

SEC. 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.

SEC. 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
----------------------------------------------------------------------------------------------------------------


                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.