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 bylaws 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
.