[Congressional Record Volume 169, Number 120 (Thursday, July 13, 2023)]
[Senate]
[Pages S2739-S2740]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 646. Mr. ROUNDS (for himself, Mr. Lujan, Mr. Padilla, Mr. King,
Ms. Warren, Mr. Hickenlooper, Mr. Lankford, Ms. Cortez Masto, Mr.
Cramer, Mr. Scott of Florida, Mr. Ossoff, Ms. Rosen, Ms. Klobuchar, Mr.
Cornyn, Mr. Heinrich, Mr. Thune, Ms. Sinema, Ms. Smith, and Mr.
Cassidy) submitted an amendment intended to be proposed by him to the
bill S. 2226, to authorize appropriations for fiscal year 2024 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in subtitle G of title X, insert
the following:
[[Page S2740]]
SEC. 10__. 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:
``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
(referred to in this chapter as the `corporation'), is a
federally chartered corporation.
``Sec. 150402. Purposes
``The purposes of the corporation are those stated in the
articles of incorporation, constitution, and bylaws of the
corporation, and include a commitment--
``(1) to uphold and defend the Constitution of the United
States while respecting the sovereignty of the American
Indian Nations;
``(2) to unite under one body all American Indian veterans
who served in the Armed Forces of United States;
``(3) to be an advocate on behalf of all American Indian
veterans without regard to whether they served during times
of peace, conflict, or war;
``(4) to promote social welfare (including educational,
economic, social, physical, and 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 veterans and their families and 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
American Indian veterans and American society; and
``(7) to provide technical assistance to the Bureau of
Indian Affairs regional areas that are not served by any
veterans committee or organization or program by--
``(A) providing outreach service to Indian Tribes in need;
and
``(B) training and educating Tribal Veterans Service
Officers for Indian Tribes in need.
``Sec. 150403. Membership
``Subject to section 150406, 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.
``Sec. 150404. Board of directors
``Subject to section 150406, 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.
``Sec. 150405. Officers
``Subject to section 150406, 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,
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) Effect.--Nothing in this section interferes or
conflicts with any established or vested rights.
``Sec. 150409. Restrictions
``(a) Stock and Dividends.--The corporation may not--
``(1) issue any shares of stock; or
``(2) declare or pay any dividends.
``(b) Distribution of Income or Assets.--
``(1) In general.--The income or assets of the corporation
may not--
``(A) inure to any person who is a member, officer, or
director of the corporation; or
``(B) be distributed to any such person during the life of
the charter granted by this chapter.
``(2) Effect.--Nothing in this subsection prevents 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 may not make any loan to any
officer, director, member, or employee of the corporation.
``(d) No Federal Endorsement.--The corporation may not
claim congressional approval or Federal Government authority
by virtue of the charter granted by this chapter for any of
the activities of the corporation.
``Sec. 150410. Duty to maintain tax-exempt status
``The corporation shall maintain its status as an
organization exempt from taxation under 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 member of the corporation, the board of
directors, or any committee having authority under the board
of directors; and
``(3) at the principal office of the corporation, a record
of the names and addresses of all members of the corporation
having the right to vote.
``(b) Inspection.--
``(1) In general.--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 a member, for any proper
purpose, at any reasonable time.
``(2) Effect.--Nothing in this section contravenes--
``(A) the laws of the jurisdiction under which the
corporation is incorporated; or
``(B) the laws of those jurisdictions within the United
States and its territories within which the corporation
carries out activities in furtherance of the purposes of the
corporation.
``Sec. 150412. Service of process
``With respect to service of process, the corporation shall
comply with the laws of--
``(1) the jurisdiction under which the corporation is
incorporated; and
``(2) those jurisdictions within the United States and its
territories within which the corporation carries out
activities in furtherance of the purposes of the corporation.
``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 acting within the
scope of their authority.
``Sec. 150414. Failure to comply with requirements
``If the corporation fails to comply with any of the
requirements of this chapter, including the requirement under
section 150410 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 submit to Congress
an annual report describing 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).
``(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 for subtitle
II of title 36, United States Code, is amended by inserting
after the item relating to chapter 1503 the following:
``1504. National American Indian Veterans, Incorporated..... 150401''.
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