[Congressional Record Volume 150, Number 128 (Saturday, October 9, 2004)]
[Senate]
[Pages S11007-S11008]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 GRANTING A FEDERAL CHARTER TO THE NATIONAL AMERICAN INDIAN VETERANS, 
                              INCORPORATED

  Mr. FRIST. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 788, S. 2938.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 2938) to grant a Federal charter to the National 
     American Indian Veterans, Incorporated.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. FRIST. Mr. President, I ask unanimous consent that the bill be 
read three times and passed, the motion to reconsider be laid upon the 
table, all with no intervening action or debate, and that any 
statements related to this measure be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 2938) was read the third time and passed, as follows:

                                S. 2938

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

     SECTION 1. RECOGNITION AS CORPORATION AND GRANT OF FEDERAL 
                   CHARTER FOR NATIONAL AMERICAN INDIAN VETERANS, 
                   INCORPORATED.

       (a) In General.--Part B of subtitle II of title 36, United 
     States Code, is amended by inserting after chapter 1503 the 
     following new chapter:

    ``CHAPTER 1504--NATIONAL 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.

     ``Sec. 150401. Organization

       ``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.

     ``Sec. 150402. Purposes

       ``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.

     ``Sec. 150403. Membership

       ``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.

     ``Sec. 150404. Board of directors

       ``Subject to section 150406 of this title, the board of 
     directors of the corporation, and the

[[Page S11008]]

     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.

     ``Sec. 150405. Officers

       ``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.

     ``Sec. 150406. Nondiscrimination

       ``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.

     ``Sec. 150407. Powers

       ``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.

     ``Sec. 150408. Exclusive right to name, seals, emblems, and 
       badges

       ``(a) In General.--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) Construction.--Nothing in this section shall be 
     construed to interfere or conflict with established or vested 
     rights.

     ``Sec. 150409. Restrictions

       ``(a) Stock and Dividends.--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) Loans.--The corporation shall not make any loan to 
     any officer, director, member, or employee of the 
     corporation.
       ``(d) No Federal Endorsement.--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.

     ``Sec. 150410. Duty to maintain tax-exempt status

       ``The corporation shall maintain its status as an 
     organization exempt from taxation as provided in the Internal 
     Revenue Code of 1986.

     ``Sec. 150411. Records and inspection

       ``(a) Records.--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) Inspection.--(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.

     ``Sec. 150412. Service of process

       ``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.

     ``Sec. 150413. Liability for acts of officers and agents

       ``The 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.

     ``Sec. 150414. Failure to comply with requirements

       ``If 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.

     ``Sec. 150415. Annual report

       ``(a) In General.--The corporation shall report annually to 
     Congress concerning the activities of the corporation during 
     the preceding fiscal year.
       ``(b) Submittal Date.--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 Document.--No annual report under 
     this section shall be printed as a public document.''.
       (b) Clerical Amendment.--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:

150401''.ional American Indian Veterans, Incorporated

                          ____________________