[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1846 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1846

   To amend title 38, United States Code, to establish the National 
  Veterans Support Foundation to carry out activities to support and 
 supplement the mission of the Department of Veterans Affairs, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 10, 2011

  Mr. Bennet introduced the following bill; which was read twice and 
             referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
   To amend title 38, United States Code, to establish the National 
  Veterans Support Foundation to carry out activities to support and 
 supplement the mission of the Department of Veterans Affairs, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Nationwide Network of Support for 
Veterans and Their Families Act of 2011.''.

SEC. 2. NATIONAL VETERANS SUPPORT FOUNDATION.

    (a) In General.--Part V of title 38, United States Code, is amended 
by adding at the end the following new chapter:

           ``CHAPTER 80--NATIONAL VETERANS SUPPORT FOUNDATION

           ``CHAPTER 80--National Veterans Support Foundation

``Sec.
``8001. Definitions.
``8002. Establishment and organization.
``8003. Purposes.
``8004. Board of directors.
``8005. Officers and employees.
``8006. Powers.
``8007. Direct community reintegration support grant program.
``8008. Limitations on grants.
``8009. Principal office.
``8010. Protection and uses of trademarks and trade names.
``8011. Restriction on Federal funding.
``8012. Service of process.
``8013. Duty to maintain corporate and tax-exempt status.
``8014. Civil action by Attorney General for equitable relief.
``8015. Audits.
``8016. Annual report.
``Sec. 8001. Definitions
    ``In this chapter:
            ``(1) Corporation.--The term `corporation' means the 
        National Veterans Support Foundation established under section 
        8002(a) of this title.
            ``(2) Veterans service organization.--The term `veterans 
        service organization' means any organization recognized by the 
        Secretary for the representation of veterans under section 5902 
        of this title.
``Sec. 8002. Establishment and organization
    ``(a) Establishment.--There is established a National Veterans 
Support Foundation.
    ``(b) Federal Charter.--The corporation is a federally chartered 
corporation.
    ``(c) Place of Incorporation and Domicile.--The corporation shall 
be incorporated and domiciled in the District of Columbia or another 
nearby State, as determined by the board of directors of the 
corporation.
    ``(d) Nonprofit Status.--The corporation shall be a charitable and 
nonprofit corporation.
    ``(e) Perpetual Existence.--Except as otherwise provided, the 
corporation shall have perpetual existence.
``Sec. 8003. Purposes
    ``The purposes of the corporation are as follows:
            ``(1) In consultation with the Secretary of Veterans 
        Affairs, the Secretary of Defense, the Secretary of Labor, the 
        Secretary of Homeland Security, the Director of the Office of 
        Personnel Management, and other heads of relevant agencies--
                    ``(A) to analyze and organize resources that list 
                and describe organizations, programs, events, and other 
                activities that provide assistance specifically to 
                veterans; and
                    ``(B) to help determine with which such 
                organizations, programs, events, and activities 
                combined private and governmental efforts would be most 
                beneficial for veterans.
            ``(2) To provide analytical support, map resources across 
        the United States, and help align and scale resources that 
        support veterans and their families.
            ``(3) To encourage and promote participation by private 
        organizations in--
                    ``(A) activities that serve and support veterans; 
                and
                    ``(B) activities of veterans service organizations, 
                faith-based organizations, and other charitable or 
                nonprofit organizations that have a mission to provide 
                assistance to veterans and their families.
            ``(4) To encourage and promote communication between the 
        Secretary of Veterans Affairs, the Secretary of Defense, the 
        Secretary of Labor, the Secretary of Homeland Security, the 
        Director of the Office of Personnel Management, private 
        organizations, veterans service organizations, faith-based 
        organizations, and other charitable or nonprofit organizations 
        that have a mission to provide assistance to veterans and their 
        families.
            ``(5) To promote coordination of services, programs, 
        events, and other activities provided by the secretaries and 
        organizations described in paragraph (4), particularly with 
        respect to coordination carried out in local communities.
            ``(6) To encourage and promote private gifts of services 
        and money and other property to support the services, programs, 
        events, and activities described in paragraph (5).
            ``(7) In consultation with the Secretary of Veterans 
        Affairs, to undertake and support activities to improve the 
        services and support available to veterans and their families.
            ``(8) To refer and connect private organizations seeking to 
        support veterans and their families to organizations that 
        provide such support.
            ``(9) To refer and connect organizations and communities 
        seeking to support veterans and their families to Federal and 
        private sector resources relevant to the provision of such 
        support.
            ``(10) To raise awareness regarding issues facing veterans 
        and their families and to undertake such educational media 
        campaigns as the board of directors of the corporation 
        considers appropriate for the purposes described in this 
        section, including national media outreach and local media 
        outreach.
``Sec. 8004. Board of directors
    ``(a) In General.--The corporation shall have a board of directors, 
which shall be the governing body of the corporation.
    ``(b) Membership.--(1) The board shall consist of 9 members--
            ``(A) each of whom shall be a citizen of the United States;
            ``(B) three of whom shall be knowledgeable or experienced 
        in 1 or more fields directly relating to veterans health, 
        veterans benefits, veterans employment, transition services for 
        members of the Armed Forces separating from military service, 
        veterans education, veterans homelessness, women veterans, or 
        veterans-oriented community partnerships; and
            ``(C) six of whom shall be leaders in the private sector 
        with a strong interest in issues and services relating to 
        veterans.
    ``(2) To the extent practicable, the membership of the board shall 
represent diverse professional specialties.
    ``(3) Status as a veteran shall not be a requirement for membership 
on the board.
    ``(4) The Secretary of Veterans Affairs, the Secretary of Defense, 
the Secretary of Labor, the Secretary of Homeland Security, the 
Director of the Office of Personnel Management, and such other members 
as the President considers appropriate shall be ex officio, nonvoting 
members of the board.
    ``(c) Initial Appointments.--(1) Not later than 90 days after the 
date of the enactment of this chapter, the Secretary shall appoint the 
members of the board.
    ``(2) In selecting individuals for appointment to the board, the 
Secretary shall consult with the following:
            ``(A) The majority leader of the Senate concerning the 
        appointment of one member.
            ``(B) The President pro tempore of the Senate concerning 
        the appointment of one member.
            ``(C) The minority leader of the Senate concerning the 
        appointment of one member.
            ``(D) The Speaker of the House of Representatives 
        concerning the appointment of one member.
            ``(E) The majority leader of the House of Representatives 
        concerning the appointment of one member.
            ``(F) The minority leader of the House of Representatives 
        concerning the appointment of one member.
    ``(d) Period of Appointment.--(1) A member of the board shall serve 
for a term of six years, except the members first appointed shall be 
appointed for staggered terms as the Secretary considers appropriate.
    ``(2)(A) A vacancy on the board shall be filled within 60 days of 
the vacancy in the same manner in which the original appointment was 
made and shall be subject to any conditions which applied with respect 
to the original appointment.
    ``(B) An individual chosen to fill a vacancy shall be appointed for 
the unexpired term of the member replaced.
    ``(3) No individual may serve more than two consecutive terms as a 
member of the board.
    ``(e) Chairperson.--The chairperson shall be elected by the board 
from its members for a two-year term and shall not be limited in terms 
or service, other than as provided in subsection (d).
    ``(f) Secretary of the Board.--The first employee appointed by the 
board under section 8005 of this title shall be the secretary of the 
board, who shall be the chief operating officer of the corporation and 
shall be knowledgeable and experienced in matters related to veterans.
    ``(g) Meetings.--The board shall meet at the call of the 
chairperson and not less frequently than once each year. If a member 
misses three consecutive regularly scheduled meetings, that member may 
be removed from the board and the vacancy filled in accordance with 
subsection (d).
    ``(h) Quorum.--A majority of the current membership of the board 
shall constitute a quorum for the transaction of business.
    ``(i) Reimbursement of Expenses.--Members of the board shall serve 
without pay, but may be reimbursed for the actual and necessary travel 
and subsistence expenses incurred by them in the performance of the 
duties of the corporation, subject to the same limitations on 
reimbursement that are imposed upon employees of Federal agencies.
``Sec. 8005. Officers and employees
    ``(a) Appointment.--The board of directors may appoint officers or 
employees, but only after the corporation has sufficient funds to pay 
for their services.
    ``(b) Status and Compensation.--(1) Officers and employees of the 
corporation--
            ``(A) shall demonstrate exceptional knowledge in matters 
        relating to the operation of a foundation, grant making, or the 
        provision of services to veterans;
            ``(B) shall not be considered employees of the United 
        States Government;
            ``(C) shall be appointed without regard to the provisions 
        of title 5 governing appointments in the competitive service;
            ``(D) may not receive a salary in excess of the annual rate 
        of basic pay in effect for Level V of the Executive Schedule 
        under section 5316 of title 5;
            ``(E) may not be an employee of the Department or spouse or 
        dependent relative of such an employee;
            ``(F) may not be an office holder in a veterans service 
        organization or the spouse or dependent relative of such an 
        office holder; and
            ``(G) may not personally or substantially participate in 
        the consideration or determination by the corporation of any 
        matter that would directly or predictably affect any financial 
        interest of--
                    ``(i) the individual or a relative of the 
                individual; and
                    ``(ii) any business organization, or other entity, 
                of which the individual is an officer or employee, is 
                negotiating for employment, or in which the individual 
                has a financial interest.
    ``(2) A member of the board of directors may not receive 
compensation for serving as an employee of the corporation.
    ``(c) Policies Regarding Financial Conflicts of Interest and 
Ethical Standards.--In establishing bylaws under section 8006 of this 
title, the board of directors shall provide for policies with regard to 
financial conflicts of interest and ethical standards for the 
acceptance, solicitation, and disposition of donations and grants to 
the corporation.
``Sec. 8006. Powers
    ``(a) In General.--The corporation may--
            ``(1) appoint employees;
            ``(2) adopt a constitution and bylaws consistent with the 
        purposes under section 8003 of this title; and
            ``(3) undertake such other acts as may be necessary to 
        carry out the provisions of this chapter.
    ``(b) Seal.--The corporation shall have an official seal selected 
by the board of directors which may be used as provided for in section 
8010 of this title.
    ``(c) Powers.--The corporation may, in consultation with the 
Secretary, directly or by awarding of contracts or grants, carry out or 
support activities for the purposes described in section 8003 of this 
title.
    ``(d) Treatment of Property.--(1) For purposes of this chapter, an 
interest in real property shall be treated as including easements or 
other rights for preservation, conservation, protection, or enhancement 
by and for the public of natural scenic, historic, scientific, 
education, inspirational, or recreational resources.
    ``(2) A gift, devise, or bequest may be accepted by the corporation 
even though it is encumbered, restricted, or subject to beneficial 
interests of private persons if any current or future interest therein 
is for the benefit of the corporation.
``Sec. 8007. Direct community reintegration support grant program
    ``(a) Establishment.--The corporation shall establish a direct 
community reintegration support grant program to award grants to 
eligible entities to create or expand community-based programs that--
            ``(1) contribute in a demonstrable manner to fostering the 
        readjustment and successful reintegration of veterans into 
        their geographic communities;
            ``(2) expand the capacity within such communities to make 
        direct services or supportive activities available in an 
        ongoing and coordinated manner;
            ``(3) engage and empower veterans; and
            ``(4) establish and sustain close working relationships 
        between one or more facilities administered by the Secretary 
        and entities participating in such community-based programs.
    ``(b) Eligible Entities.--For purposes of subsection (a), an 
eligible entity is any entity that represents a geographic community 
that is--
            ``(1) undertaking a strategic planning process concerning 
        what services for veterans and military families are available 
        to veterans and military families in such geographic community 
        and how such services are made available to such veterans and 
        families;
            ``(2) mobilizing multiple partner organizations in the 
        public and private sector;
            ``(3) obtaining support from key stakeholders in the 
        veterans and military community; and
            ``(4) using Internet-based resources to facilitate a 
        connection between veterans, military families, and the 
        services described in paragraph (1).
``Sec. 8008. Limitations on grants
    ``A recipient of a grant awarded by the corporation to carry out a 
project, as a condition of such grant, may not receive during the one-
year period beginning on the date on which such grant was awarded any 
amount from the Department of Veterans Affairs to carry out such 
project.
``Sec. 8009. Principal office
    ``The principal office of the corporation shall be in the District 
of Columbia or another nearby State, as determined by the board of 
directors of the corporation. However, the corporation may conduct 
business throughout the States, territories, and possessions of the 
United States.
``Sec. 8010. Protection and uses of trademarks and trade names
    ``(a) Trademarks of the National Veterans Support Foundation.--
Authorization for a contributor, or a supplier of goods or services, to 
use, in advertising regarding the contribution, good, or services, the 
trade name of the corporation, or any trademark, seal, symbol, 
insignia, or emblem of the corporation may be provided only by the 
corporation with the concurrence of the Secretary.
    ``(b) Trademarks of the Department.--Authorization for a 
contributor or supplier described in subsection (a) to use, in such 
advertising, the trade name of the Department, or any trademark, seal, 
symbol, insignia, or emblem of the Department, may be provided--
            ``(1) by the Secretary; or
            ``(2) by the corporation with the concurrence of the 
        Secretary.
``Sec. 8011. Restriction on Federal funding
    ``The corporation may not accept any Federal funds.
``Sec. 8012. Service of process
    ``The corporation shall have a designated agent to receive service 
of process for the corporation. Notice to or service on the agent, or 
mailed to the business address of the agent, is notice to or service on 
the corporation.
``Sec. 8013. 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 or another nearby State, as determined by the board of 
directors of the corporation.
    ``(b) Tax-Exempt Status.--The corporation shall maintain its status 
as an organization exempt from the Internal Revenue Code of 1986.
``Sec. 8014. Civil action by Attorney General for equitable relief
    ``The Attorney General may bring a civil action in the United 
States District Court for the District of Columbia for appropriate 
equitable relief if the corporation--
            ``(1) engages or threatens to engage in any act, practice, 
        or policy that is inconsistent with the purposes in section 
        8003 of this title; or
            ``(2) refuses, fails, or neglects to carry out its 
        obligations under this chapter or threatens to do so.
``Sec. 8015. Audits
    ``(a) General.--The financial statements of the corporation shall 
be audited annually in accordance with generally accepted auditing 
standards by an independent certified public accountant or independent 
licensed public accountant, certified or licensed by a regulatory 
authority of a State or other political subdivision of the United 
States. The audit shall be conducted where the financial statements of 
the corporation normally are kept. The person conducting the audit 
shall be given access to--
            ``(1) all records and property owned or used by the 
        corporation necessary to facilitate the audit; and
            ``(2) full facilities for verifying transactions with the 
        balances or securities held by depositories, fiscal agents, and 
        custodians.
    ``(b) Report.--(1) The corporation shall submit a report of the 
audit to Congress not later than six months after the close of the 
fiscal year for which the audit is made. The report shall describe the 
scope of the audit and include--
            ``(A) statements necessary to present fairly the 
        corporation's assets, liabilities, and surplus or deficit, and 
        an analysis of the changes in those amounts during the year;
            ``(B) a statement in reasonable detail of the corporation's 
        income and expenses during the year including the results of 
        any trading, manufacturing, publishing, or other commercial-
        type endeavor; and
            ``(C) the independent auditor's opinion of those 
        statements.
    ``(2) The report may not be printed as a public document.
``Sec. 8016. Annual report
    ``(a) In General.--Each year, the corporation shall submit to 
Congress and the Secretary a report on the proceedings and activities 
of the corporation during the prior fiscal year.
    ``(b) Submittal With Audit Reports.--Each report submitted under 
subsection (a) for a fiscal year shall be submitted at the same time as 
the report of the audit required by section 8015 is submitted for the 
same fiscal year.''.
    (b) Clerical Amendment.--The table of chapters at the beginning of 
part V of such title is amended by adding at the end the following new 
item:

``80. National Veterans Support Foundation..................    8001''.
                                 <all>