1.This Act may be cited as
the Nationwide Network of Support for
Veterans and Their Families Act of 2011.
.
2.National
Veterans Support Foundation
(a)Part V of title 38, United States Code, is amended by
adding at the end the following new chapter:
80National
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.
8001.In this chapter:
(1)The term corporation means the
National Veterans Support Foundation established under section 8002(a) of this
title.
(2)Veterans
service organizationThe term
veterans service organization means any organization recognized by
the Secretary for the representation of veterans under section 5902 of this
title.
8002.Establishment
and organization
(a)There
is established a National Veterans Support Foundation.
(b)The corporation is a federally chartered
corporation.
(c)Place of
incorporation and domicileThe 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)The corporation shall be a charitable and nonprofit
corporation.
(e)Except as otherwise provided, the corporation shall
have perpetual existence.
8003.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.
8004.
(a)The corporation shall have a board of directors, which
shall be the governing body of the corporation.
(b)(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)(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)(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)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)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)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)A
majority of the current membership of the board shall constitute a quorum for
the transaction of business.
(i)Reimbursement
of expensesMembers 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.
8005.
(a)The board of directors may appoint officers
or employees, but only after the corporation has sufficient funds to pay for
their services.
(b)(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
standardsIn 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.
8006.
(a)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)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)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)(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.
8007.Direct
community reintegration support grant program
(a)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)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).
8008.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.
8009.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.
8010.Protection
and uses of trademarks and trade names
(a)Trademarks of
the National Veterans Support FoundationAuthorization 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 DepartmentAuthorization 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.
8011.Restriction
on Federal fundingThe
corporation may not accept any Federal funds.
8012.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.
8013.Duty to
maintain corporate and tax-exempt status
(a)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)The corporation shall maintain its status as an
organization exempt from the Internal Revenue Code of 1986.
8014.Civil action
by Attorney General for equitable reliefThe 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.
8015.
(a)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)(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.
8016.
(a)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 reportsEach 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)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
Foundation8001
.