1.
Recognition as corporation and grant of Federal charter for
national American Indian veterans, incorporated
(a)
Part B of subtitle II of title 36, United States Code, is amended
by inserting after chapter 1503 the following new chapter:
1504
National American Indian veterans, incorporated
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.
The National American Indian
Veterans, Incorporated, a nonprofit corporation organized in the United States
(in this chapter referred to as the corporation
), is a federally
chartered corporation.
150402.
The purposes of the
corporation are those stated in its articles of incorporation, constitution,
and bylaws, and include a commitment—
(1)
to uphold and defend the Constitution of the United States
while respecting the sovereignty of the American Indian, Alaska Native, and
Native Hawaiian Nations;
(2)
to unite under one body all American Indian, Alaska Native, and
Native Hawaiian veterans who served in the Armed Forces of the United
States;
(3)
to be an advocate on behalf of all American Indian, Alaska
Native, and Native Hawaiian veterans without regard to whether they served
during times of peace, conflict, or war;
(4)
to promote social welfare (including educational, economic,
social, physical, cultural values, and traditional healing) in the United
States by encouraging the growth and development, readjustment, self-respect,
self-confidence, contributions, and self-identity of American Indian
veterans;
(5)
to serve as an advocate for the needs of American Indian,
Alaska Native, and Native Hawaiian veterans, their families, or survivors in
their dealings with all Federal and State government agencies;
(6)
to promote, support, and utilize research, on a nonpartisan
basis, pertaining to the relationship between the American Indian, Alaska
Native, and Native Hawaiian veterans and American society; and
(7)
to provide technical assistance to the 12 regional areas
without veterans committees or organizations and programs by—
(A)
providing outreach service to those Tribes in need; and
(B)
training and educating Tribal Veterans Service Officers for
those Tribes in need.
150403.
Subject to section 150406 of
this title, eligibility for membership in the corporation, and the rights and
privileges of members, shall be as provided in the constitution and by-laws of
the corporation.
150404.
Subject to section 150406 of
this title, the board of directors of the corporation, and the responsibilities
of the board, shall be as provided in the constitution and bylaws of the
corporation and in conformity with the laws under which the corporation is
incorporated.
150405.
Subject to section 150406 of
this title, the officers of the corporation, and the election of such officers,
shall be as provided in the constitution and bylaws of the corporation and in
conformity with the laws of the jurisdiction under which the corporation is
incorporated.
150406.
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, national origin, handicap, or age.
150407.
The corporation shall have
only those powers granted the corporation through its articles of incorporation
and its constitution and bylaws which shall conform to the laws of the
jurisdiction under which the corporation is incorporated.
150408.
Exclusive right to name, seals, emblems, and badges
(a)
The corporation shall have the sole and exclusive right to use
the names National American Indian Veterans, Incorporated
and
National American Indian Veterans
, and such seals, emblems, and
badges as the corporation may lawfully adopt.
(b)
Nothing in this section shall be construed to interfere or
conflict with established or vested rights.
150409.
(a)
The corporation shall have no power to issue any shares of
stock nor to declare or pay any dividends.
(b)
Distribution of income or assets
(1)
No part of the income or assets of the corporation shall inure
to any person who is a member, officer, or director of the corporation or be
distributed to any such person during the life of the charter granted by this
chapter.
(2)
Nothing in this subsection shall be construed to prevent the
payment of reasonable compensation to the officers of the corporation, or
reimbursement for actual and necessary expenses, in amounts approved by the
board of directors.
(c)
The corporation shall not make any loan to any officer,
director, member, or employee of the corporation.
(d)
The corporation shall not claim congressional approval or
Federal Government authority by virtue of the charter granted by this chapter
for any of its activities.
150410.
Duty to maintain tax-exempt status
The corporation shall
maintain its status as an organization exempt from taxation as provided in the
Internal Revenue Code of 1986.
150411.
(a)
The corporation shall keep—
(1)
correct and complete books and records of accounts;
(2)
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; and
(3)
at its principal office, a record of the names and addresses of
all members having the right to vote.
(b)
(1)
All books and records of the corporation may be inspected by
any member having the right to vote, or by any agent or attorney of such
member, for any proper purpose, at any reasonable time.
(2)
Nothing in this section shall be construed to contravene the
laws of the jurisdiction under which the corporation is incorporated or the
laws of those jurisdictions within which the corporation carries on its
activities in furtherance of its purposes within the United States and its
territories.
150412.
With respect to service of
process, the corporation shall comply with the laws of the jurisdiction under
which the corporation is incorporated and those jurisdictions within which the
corporation carries on its activities in furtherance of its purposes within the
United States and its territories.
150413.
Liability for acts of officers and agents
The corporation shall be
liable for the acts of the officers and agents of the corporation when such
individuals act within the scope of their authority.
150414.
Failure to comply with requirements
If the corporation fails to
comply with any of the restrictions or provisions of this chapter, including
the requirement under section 150410 of this title to maintain its status as an
organization exempt from taxation, the charter granted by this chapter shall
expire.
150415.
(a)
The corporation shall report annually to Congress concerning
the activities of the corporation during the preceding fiscal year.
(b)
Each annual report under this section shall be submitted at the
same time as the report of the audit of the corporation required by section
10101(b) of this title.
(c)
Report not public document
No annual report under this section shall be printed as a
public document.
.
(b)
The table of chapters at the beginning of subtitle II of title
36, United States Code, is amended by inserting after the item relating to
chapter 1503 the following new item:
“1504. National American Indian
Veterans, Incorporated
150401”.