[Congressional Record Volume 144, Number 144 (Monday, October 12, 1998)]
[House]
[Pages H10575-H10577]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     CODIFYING LAWS RELATED TO PATRIOTIC AND NATIONAL OBSERVANCES, 
                      CEREMONIES AND ORGANIZATIONS

  Mr. HUTCHINSON. Mr. Speaker, I move to suspend the rules and pass the 
Senate bill (S. 2524) to codify without substantive change laws related 
to Patriotic and National Observances, Ceremonies, and Organizations 
and to improve the United States code.
  The Clerk read as follows:

                                S. 2524

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

     SECTION 1. TITLE 36, UNITED STATES CODE.

       Title 36, United States Code, is amended as follows:
       (1) In section 902, strike subsections (b) and (c) and 
     substitute the following:
       ``(b) Required Display.--The POW/MIA flag shall be 
     displayed at the locations specified in subsection (d) of 
     this section on POW/MIA flag display days. The display 
     serves--
       ``(1) as the symbol of the Nation's concern and commitment 
     to achieving the fullest possible accounting of Americans 
     who, having been prisoners of war or missing in action, still 
     remain unaccounted for; and
       ``(2) as the symbol of the Nation's commitment to achieving 
     the fullest possible accounting for Americans who in the 
     future may become prisoners of war, missing in action, or 
     otherwise unaccounted for as a result of hostile action.
       ``(c) Days for Flag Display.--(1) For purposes of this 
     section, POW/MIA flag display days are the following:
       ``(A) Armed Forces Day, the third Saturday in May.
       ``(B) Memorial Day, the last Monday in May.
       ``(C) Flag Day, June 14.
       ``(D) Independence Day, July 4.
       ``(E) National POW/MIA Recognition Day.
       ``(F) Veterans Day, November 11.
       ``(2) In addition to the days specified in paragraph (1) of 
     this subsection, POW/MIA flag display days include--
       ``(A) in the case of display at medical centers of the 
     Department of Veterans Affairs (required by subsection (d)(7) 
     of this section), any day on which the flag of the United 
     States is displayed; and
       ``(B) in the case of display at United States Postal 
     Service post offices (required by subsection (d)(8) of this 
     section), the last business day before a day specified in 
     paragraph (1) that in any year is not itself a business day.
       ``(d) Locations for Flag Display.--The locations for the 
     display of the POW/MIA flag under subsection (b) of this 
     section are the following:
       ``(1) The Capitol.
       ``(2) The White House.
       ``(3) The Korean War Veterans Memorial and the Vietnam 
     Veterans Memorial.
       ``(4) Each national cemetery.
       ``(5) The buildings containing the official office of--
       ``(A) the Secretary of State;
       ``(B) the Secretary of Defense;
       ``(C) the Secretary of Veterans Affairs; and
       ``(D) the Director of the Selective Service System.
       ``(6) Each major military installation, as designated by 
     the Secretary of Defense.
       ``(7) Each medical center of the Department of Veterans 
     Affairs.
       ``(8) Each United States Postal Service post office.
       ``(e) Coordination With Other Display Requirement.--Display 
     of the POW/MIA flag at the Capitol pursuant to subsection 
     (d)(1) of this section is in addition to the display of that 
     flag in the Rotunda of the Capitol pursuant to Senate 
     Concurrent Resolution 5 of the 101st Congress, agreed to on 
     February 22, 1989 (103 Stat. 2533).
       ``(f) Display To Be in a Manner Visible to the Public.--
     Display of the POW/MIA flag pursuant to this section shall be 
     in a manner designed to ensure visibility to the public.
       ``(g) Limitation.--This section may not be construed or 
     applied so as to require any employee to report to work 
     solely for the purpose of providing for the display of the 
     POW/MIA flag.''.
       (2) In section 2102(b), strike ``designated personnel'' and 
     substitute ``personnel made available to the Commission''.
       (3) In section 2501(2), insert ``solicit,'' before 
     ``accept,''.
       (4)(A) Insert after chapter 201 the following:

             ``CHAPTER 202--AIR FORCE SERGEANTS ASSOCIATION

``Sec.
``20201. Definition.
``20202. Organization.
``20203. Purposes.
``20204. Membership.
``20205. Governing body.
``20206. Powers.
``20207. Restrictions.
``20208. Duty to maintain corporate and tax-exempt status.
``20209. Records and inspection.
``20210. Service of process.
``20211. Liability for acts of officers and agents.
``20212. Annual report.

     ``Sec. 20201. Definition

       ``For purposes of this chapter, `State' includes the 
     District of Columbia and the territories and possessions of 
     the United States.

     ``Sec. 20202. Organization

       ``(a) Federal Charter.--Air Force Sergeants Association (in 
     this chapter, the `corporation'), a nonprofit corporation 
     incorporated in the District of Columbia, is a federally 
     chartered corporation.
       ``(b) Expiration of Charter.--If the corporation does not 
     comply with any provision of this chapter, the charter 
     granted by this chapter expires.

     ``Sec. 20203. Purposes

       ``(a) General.--The purposes of the corporation are as 
     provided in its bylaws and articles of incorporation and 
     include--
       ``(1) helping to maintain a highly dedicated and 
     professional corps of enlisted personnel within the United 
     States Air Force, including the United States Air Force 
     Reserve, and the Air National Guard;
       ``(2) supporting fair and equitable legislation and 
     Department of the Air Force policies and influencing by 
     lawful means departmental plans, programs, policies, and 
     legislative proposals that affect enlisted personnel of the 
     Regular Air Force, the Air Force Reserve, and the Air 
     National Guard, its retirees, and other veterans of enlisted 
     service in the Air Force;
       ``(3) actively publicizing the roles of enlisted personnel 
     in the United States Air Force;
       ``(4) participating in civil and military activities, youth 
     programs, and fundraising campaigns that benefit the United 
     States Air Force;
       ``(5) providing for the mutual welfare of members of the 
     corporation and their families;
       ``(6) assisting in recruiting for the United States Air 
     Force;
       ``(7) assembling together for social activities;
       ``(8) maintaining an adequate Air Force for our beloved 
     country;
       ``(9) fostering among the members of the corporation a 
     devotion to fellow airmen; and
       ``(10) serving the United States and the United States Air 
     Force loyally, and doing all else necessary to uphold and 
     defend the Constitution of the United States.
       ``(b) Corporate Function.--The corporation shall function 
     as an educational, patriotic, civic, historical, and research 
     organization under the laws of the District of Columbia.

     ``Sec. 20204. Membership

       ``(a) Eligibility.--Except as provided in this chapter, 
     eligibility for membership in the corporation and the rights 
     and privileges of members are as provided in the bylaws and 
     articles of incorporation.
       ``(b) Nondiscrimination.--The terms of membership may not 
     discriminate on the basis of race, color, religion, sex, 
     disability, age, or national origin.

     Sec. ``20205. Governing body

       ``(a) Board of Directors.--The board of directors and the 
     responsibilities of the board are as provided in the bylaws 
     and articles of incorporation.
       ``(b) Officers.--The officers and the election of officers 
     are as provided in the bylaws and articles of incorporation.
       ``(c) Nondiscrimination.--The requirements for serving as a 
     director or officer may not discriminate on the basis of 
     race, color, religion, sex, disability, age, or national 
     origin.

     ``Sec. 20206. Powers

       ``The corporation has only the powers provided in its 
     bylaws and articles of incorporation filed in each State in 
     which it is incorporated.

     ``Sec. 20207. Restrictions

       ``(a) Stock and Dividends.--The corporation may not issue 
     stock or declare or pay a dividend.

[[Page H10576]]

       ``(b) Distribution of Income or Assets.--The income or 
     assets of the corporation may not inure to the benefit of, or 
     be distributed to, a director, officer, or member during the 
     life of the charter granted by this chapter. This subsection 
     does not prevent the payment of reasonable compensation to an 
     officer or employee or reimbursement for actual necessary 
     expenses in amounts approved by the board of directors.
       ``(c) Loans.--The corporation may not make a loan to a 
     director, officer, employee, or member.
       ``(d) Claim of Governmental Approval or Authority.--The 
     corporation may not claim congressional approval or the 
     authority of the United States Government for any of its 
     activities.

     ``Sec. 20208. 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.
       ``(b) Tax-Exempt Status.--The corporation shall maintain 
     its status as an organization exempt from taxation under the 
     Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.).

     ``Sec. 20209. Records and inspection

       ``(a) Records.--The corporation shall keep--
       ``(1) correct and complete records of account;
       ``(2) minutes of the proceedings of its members, board of 
     directors, and committees having any of the authority of its 
     board of directors; and
       ``(3) at its principal office, a record of the names and 
     addresses of its members entitled to vote.
       ``(b) Inspection.--A member entitled to vote, or an agent 
     or attorney of the member, may inspect the records of the 
     corporation for any proper purpose, at any reasonable time.

     ``Sec. 20210. Service of process

       ``The corporation shall comply with the law on service of 
     process of each State in which it is incorporated and each 
     State in which it carries on activities.

     ``Sec. 20211. Liability for acts of officers and agents

       ``The corporation is liable for the acts of its officers 
     and agents acting within the scope of their authority.

     ``Sec. 20212. Annual report

       ``The corporation shall submit an annual report to Congress 
     on the activities of the corporation during the prior fiscal 
     year. The report shall be submitted at the same time as the 
     report of the audit required by section 10101 of this title. 
     The report may not be printed as a public document.''.
       (B) In the table of chapters at the beginning of subtitle 
     II, insert after the item related to chapter 201:
``202. AIR FORCE SERGEANTS ASSOCIATION.........................20201''.

       (5)(A) Insert after chapter 209 the following:

         ``CHAPTER 210--AMERICAN GI FORUM OF THE UNITED STATES

``Sec.
``21001. Definition.
``21002. Organization.
``21003. Purposes.
``21004. Membership.
``21005. Governing body.
``21006. Powers.
``21007. Restrictions.
``21008. Duty to maintain corporate and tax-exempt status.
``21009. Records and inspection.
``21010. Service of process.
``21011. Liability for acts of officers and agents.
``21012. Annual report.

     ``Sec. 21001. Definition

       ``For purposes of this chapter, `State' includes the 
     District of Columbia and the territories and possessions of 
     the United States.

     ``Sec. 21002. Organization

       ``(a) Federal Charter.--American GI Forum of the United 
     States (in this chapter, the `corporation'), a nonprofit 
     corporation incorporated in Texas, is a federally chartered 
     corporation.
       ``(b) Expiration of Charter.--If the corporation does not 
     comply with any provision of this chapter, the charter 
     granted by this chapter expires.

     ``Sec. 21003. Purposes

       ``(a) General.--The purposes of the corporation are as 
     provided in its bylaws and articles of incorporation and 
     include--
       ``(1) securing the blessing of American democracy at every 
     level of local, State, and national life for all United 
     States citizens;
       ``(2) upholding and defending the Constitution and the 
     United States flag;
       ``(3) fostering and perpetuating the principles of American 
     democracy based on religious and political freedom for the 
     individual and equal opportunity for all;
       ``(4) fostering and enlarging equal educational 
     opportunities, equal economic opportunities, equal justice 
     under the law, and equal political opportunities for all 
     United States citizens, regardless of race, color, religion, 
     sex, or national origin;
       ``(5) encouraging greater participation of the ethnic 
     minority represented by the corporation in the policy-making 
     and administrative activities of all departments, agencies, 
     and other governmental units of local and State governments 
     and the United States Government;
       ``(6) combating all practices of a prejudicial or 
     discriminatory nature in local, State, or national life which 
     curtail, hinder, or deny to any United States citizen an 
     equal opportunity to develop full potential as an individual; 
     and
       ``(7) fostering and promoting the broader knowledge and 
     appreciation by all United States citizens of their cultural 
     heritage and language.
       ``(b) Corporate Function.--The corporation shall function 
     as an educational, patriotic, civic, historical, and research 
     organization under the laws of Texas.

     ``Sec. 21004. Membership

       ``(a) Eligibility.--Except as provided in this chapter, 
     eligibility for membership in the corporation and the rights 
     and privileges of members are as provided in the bylaws and 
     articles of incorporation.
       ``(b) Nondiscrimination.--The terms of membership may not 
     discriminate on the basis of race, color, religion, sex, 
     disability, age, or national origin.

     ``Sec. 21005. Governing body

       ``(a) Board of Directors.--The board of directors and the 
     responsibilities of the board are as provided in the bylaws 
     and articles of incorporation.
       ``(b) Officers.--The officers and the election of officers 
     are as provided in the bylaws and articles of incorporation.
       ``(c) Nondiscrimination.--The requirements for serving as a 
     director or officer may not discriminate on the basis of 
     race, color, religion, sex, disability, age, or national 
     origin.

     ``Sec. 21006. Powers

       ``The corporation has only the powers provided in its 
     bylaws and articles of incorporation filed in each State in 
     which it is incorporated.

     ``Sec. 21007. Restrictions

       ``(a) Stock and Dividends.--The corporation may not issue 
     stock or declare or pay a dividend.
       ``(b) Distribution of Income or Assets.--The income or 
     assets of the corporation may not inure to the benefit of, or 
     be distributed to, a director, officer, or member during the 
     life of the charter granted by this chapter. This subsection 
     does not prevent the payment of reasonable compensation to an 
     officer or employee or reimbursement for actual necessary 
     expenses in amounts approved by the board of directors.
       ``(c) Loans.--The corporation may not make a loan to a 
     director, officer, employee, or member.
       ``(d) Claim of Governmental Approval or Authority.--The 
     corporation may not claim congressional approval or the 
     authority of the United States Government for any of its 
     activities.

     ``Sec. 21008. 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 Texas.
       ``(b) Tax-Exempt Status.--The corporation shall maintain 
     its status as an organization exempt from taxation under the 
     Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.).

     ``Sec. 21009. Records and inspection

       ``(a) Records.--The corporation shall keep--
       ``(1) correct and complete records of account;
       ``(2) minutes of the proceedings of its members, board of 
     directors, and committees having any of the authority of its 
     board of directors; and
       ``(3) at its principal office, a record of the names and 
     addresses of its members entitled to vote.
       ``(b) Inspection.--A member entitled to vote, or an agent 
     or attorney of the member, may inspect the records of the 
     corporation for any proper purpose, at any reasonable time.

     ``Sec. 21010. Service of process

       ``The corporation shall comply with the law on service of 
     process of each State in which it is incorporated and each 
     State in which it carries on activities.

     ``Sec. 21011. Liability for acts of officers and agents

       ``The corporation is liable for the acts of its officers 
     and agents acting within the scope of their authority.

     ``Sec. 21012. Annual report

       ``The corporation shall submit an annual report to Congress 
     on the activities of the corporation during the prior fiscal 
     year. The report shall be submitted at the same time as the 
     report of the audit required by section 10101 of this title. 
     The report may not be printed as a public document.''.
       (B) In the table of chapters at the beginning of subtitle 
     II, insert after the item related to chapter 209:

``210. AMERICAN GI FORUM OF THE UNITED STATES..................21001''.

       (6) In section 21703(1)(A)(iv), strike ``December 22, 
     1961'' and substitute ``February 28, 1961''.
       (7) In section 70103(b), strike ``the State of ''.
       (8) In section 151303, subsections (f) and (g) are amended 
     to read as follows:
       ``(f) Status.--Appointment to the board does not constitute 
     appointment as an officer or employee of the United States 
     Government for the purpose of any law of the United States.
       ``(g) Compensation.--Members of the board serve without 
     compensation.

[[Page H10577]]

       ``(h) Liability.--Members of the board are not personally 
     liable, except for gross negligence.''.
       (9) In section 151305(b), strike ``the State of ''.
       (10) In section 152903(8), strike ``Corporation'' and 
     substitute ``corporation''.

     SEC. 2. TECHNICAL AMENDMENTS TO OTHER LAWS.

       (a) The provisos in the paragraph under the heading 
     ``American Battle Monuments Commission'' in the Departments 
     of Veterans Affairs and Housing and Urban Development, and 
     Independent Agencies Appropriations Act, 1998 (Public Law 
     105-65, Oct. 27, 1997, 111 Stat. 1368, 36 App. U.S.C. 121b, 
     122, and 122a) are repealed.
       (b) Paragraph (3) of section 198(s) of the National and 
     Community Service Act of 1990 (42 U.S.C. 12653(s)(3)) is 
     repealed.
       (c) Effective August 12, 1998, Public Law 105-225 (Aug. 12, 
     1998, 112 Stat. 1253) is amended as follows:
       (1) Section 4(b) is amended by striking ``2320(d)'' and 
     substituting ``2320(e)''.
       (2) Section 7(a), and the amendment made by section 7(a), 
     are repealed.

     SEC. 3. EFFECTIVE DATE.

       The amendment made by section 1(8) of this Act shall take 
     effect as if included in the provisions of Public Law 105-
     225, as of the date of enactment of Public Law 105-225.

     SEC. 4. LEGISLATIVE PURPOSE AND CONSTRUCTION.

       (a) No Substantive Change.--(1) Section 1 of this Act 
     restates, without substantive change, laws enacted before 
     September 5, 1998, that were replaced by section 1. Section 1 
     may not be construed as making a substantive change in the 
     laws replaced.
       (2) Laws enacted after September 4, 1998, that are 
     inconsistent with this Act supersede this Act to the extent 
     of the inconsistency.
       (b) References.--A reference to a law replaced by this Act, 
     including a reference in a regulation, order, or other law, 
     is deemed to refer to the corresponding provision enacted by 
     this Act.
       (c) Continuing Effect.--An order, rule, or regulation in 
     effect under a law replaced by this Act continues in effect 
     under the corresponding provision enacted by this Act until 
     repealed, amended, or superseded.
       (d) Actions and Offenses Under Prior Law.--An action taken 
     or an offense committed under a law replaced by this Act is 
     deemed to have been taken or committed under the 
     corresponding provision enacted by this Act.
       (e) Inferences.--An inference of a legislative construction 
     is not to be drawn by reason of the location in the United 
     States Code of a provision enacted by this Act or by reason 
     of a heading of the provision.
       (f) Severability.--If a provision enacted by this Act is 
     held invalid, all valid provisions that are severable from 
     the invalid provision remain in effect. If a provision 
     enacted by this Act is held invalid in any of its 
     applications, the provision remains valid for all valid 
     applications that are severable from any of the invalid 
     applications.

     SEC. 5. REPEALS.

       (a) Inferences of Repeal.--The repeal of a law by this Act 
     may not be construed as a legislative inference that the 
     provision was or was not in effect before its repeal.
       (b) Repealer Schedule.--The laws specified in the following 
     schedule are repealed, except for rights and duties that 
     matured, penalties that were incurred, and proceedings that 
     were begun before the date of enactment of this Act:

                                            SCHEDULE OF LAWS REPEALED
                                                Statutes at Large
----------------------------------------------------------------------------------------------------------------
                                                                  Statutes at Large              U.S. Code
      Date         Chapter or Public         Section       -----------------------------------------------------
                          Law                                Volume          Page           Title      Section
----------------------------------------------------------------------------------------------------------------
      1997
Nov. 18          105-85..............  1082, 1501-1516....      111  1917, 1963.........    36 App.  189a, 1101,
                                                                                                       5801-5815
Nov. 20          105-110.............  ...................      111  2270...............    36 App.           45
      1998
Aug. 7           105-220.............  413................      112  1241...............    36 App.         155b
Aug. 13          105-231.............  1-16...............      112  1530...............    36 App.  1101, 5901-
                                                                                                            5915
----------------------------------------------------------------------------------------------------------------

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Arkansas (Mr. Hutchinson) and the gentleman from Florida (Mr. Hastings) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Arkansas (Mr. Hutchinson).


                             General Leave

  Mr. HUTCHINSON. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks on the Senate bill now under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Arkansas?
  There was no objection.
  Mr. HUTCHINSON. Mr. Speaker, I yield myself such time as I may 
consume.
  (Mr. HUTCHINSON asked and was given permission to revise and extend 
his remarks.)
  Mr. HUTCHINSON. Mr. Speaker, S. 2524 is a bill prepared by the Office 
of Law Revision Counsel. It makes purely technical and nonsubstantive 
changes in title 36 of the United States Code dealing with patriotic 
organizations.
  Mr. Speaker, S. 2524 codifies in title 36, United States Code, 
certain laws related to patriotic and national observances, ceremonies, 
and organizations that were enacted after the cut-off date for the 
title 36 codification recently enacted as by Public Law 105-225, S. 
2524 also makes technical corrections in title 36 and repels obsolete 
and unnecessary provisions. S. 2425 is identical to H.R. 4529 
introduced by Chairman Hyde on September 9, 1998.
  This bill was prepared by the Office of the Law Revision Counsel of 
the House of Representatives under its statutory mandate (2 U.S.C. 
285b) To prepare and submit periodically revisions of positive law 
titles of the code to keep those title current.
  The Law Revision Counsel assures me that S. 2524 makes no change in 
existing law. Therefore, no additional cost to the Government would be 
incurred as a result of enactment of S. 2524.
  Enactment of S. 2524 would not affect direct spending or receipts, 
Therefore, pay-as-you-go procedures would not apply.
  I urge my colleagues to support S. 2524.
  Mr. Speaker, I yield back the balance of my time.
  Mr. HASTINGS of Florida. Mr. Speaker, the minority is in concurrence 
with this particular measure, and at this time we are prepared to 
agree.
  Mr. HASTINGS of Florida. Mr. Speaker, I yield back the balance of my 
time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Arkansas (Mr. Hutchinson) that the House suspend the 
rules and pass the Senate bill, S. 2524.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the Senate bill was passed.
  A motion to reconsider was laid on the table.

                          ____________________