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:
1504National 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 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
statusThe 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
agentsThe 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
requirementsIf 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 documentNo 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 insert after the
item relating to chapter 1503 the following new item:
1504.
National American Indian
Veterans,
Incorporated150401
.