AMERICAN
GI FORUM OF THE UNITED STATES
FEDERAL CHARTER
Public
Law 105-231
105th
Congress
An
Act
To grant a Federal charter to the American GI Forum of
the United
States. <<NOTE: Aug. 13, 1998 -
[S. 1759]>>
Be it enacted by the Senate and House of
Representatives of the
United
States of America in Congress <<NOTE: Texas.>>
assembled,
SECTION
1. <<NOTE: 36 USC app. 5901.>>
RECOGNITION
AND GRANT OF FEDERALCHARTER.
The American GI Forum of the United States, a
nonprofit corporation
organized
under the laws of the State of Texas, is recognized as such
and
granted a Federal charter.
SEC.
2. <<NOTE: 36 USC app. 5902.>> POWERS.
The American GI Forum of the United States (in
this Act referred to
as
the ``corporation'') shall have only those powers granted to
it
through
its bylaws and articles of incorporation filed in the State of
Texas
and subject to the laws of the State of Texas.
SEC.
3. <<NOTE: 36 USC app. 5903.>> PURPOSES.
The purposes of the corporation are those
provided in its bylaws and
articles
of incorporation and shall include the following:
(1)
To secure the blessing of American democracy at every
level of local, State,
and national life for all United States
citizens.
(2)
To uphold and defend the Constitution and the United
States flag.
(3)
To foster and perpetuate the principles of American
democracy based on
religious and political freedom for the
individual and equal
opportunity for all.
(4)
To foster and enlarge 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)
To encourage 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
Federal Government.
(6)
To combat 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.
(7)
To foster and promote the broader knowledge and
appreciation by all
United States citizens of their cultural
heritage and language.
[[Page
112 STAT. 1531]]
SEC.
4. <<NOTE: 36 USC app. 5904.>> SERVICE OF PROCESS.
With respect to service of process, the
corporation shall comply
with
the laws of the State of Texas and those States in which it
carries
on
its activities in furtherance of its corporate purposes.
SEC.
5. <<NOTE: 36 USC app. 5905.>> MEMBERSHIP.
Except as provided in section 8(g),
eligibility for membership in
the
corporation and the rights and privileges of members shall be
as
provided
in the bylaws and articles of incorporation of the
corporation.
SEC.
6. <<NOTE: 36 USC app. 5906.>> BOARD OF DIRECTORS.
Except as provided in section 8(g), the
composition of the board of
directors
of the corporation and the responsibilities of the board shall
be
as provided in the bylaws and articles of incorporation of the
corporation
and in conformity with the laws of the State of Texas.
SEC.
7. <<NOTE: 36 USC app. 5907.>> OFFICERS.
Except as provided in section 8(g), the positions
of officers of the
corporation
and the election of members to such positions shall be as
provided
in the bylaws and articles of incorporation of the corporation
and
in conformity with the laws of the State of Texas.
SEC.
8. <<NOTE: 36 USC app. 5908.>> RESTRICTIONS.
(a) Income and Compensation.--No part of the
income or assets of the
corporation
may inure to the benefit of any member, officer, or director
of
the corporation or be distributed to any such individual
during the
life
of this charter. Nothing in this subsection may be construed
to
prevent
the payment of reasonable compensation to the officers and
employees
of the corporation or reimbursement for actual and necessary
expenses
in amounts approved by the board of directors.
(b) Loans.--The corporation may not make any loan
to any member,
officer,
director, or employee of the corporation.
(c) Issuance of Stock and Payment of
Dividends.--The corporation may
not
issue any shares of stock or declare or pay any dividends.
(d) Disclaimer of Congressional or Federal
Approval.--The
corporation
may not claim the approval of Congress or the authorization
of
the Federal Government for any of its activities by virtue of
this
Act.
(e) Corporate Status.--The corporation shall
maintain its status as
a
corporation organized and incorporated under the laws of the
State of
Texas.
(f) Corporate Function.--The corporation shall
function as an
educational,
patriotic, civic, historical, and research organization
under
the laws of the State of Texas.
(g) 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,
disability, age, or national origin.
[[Page
112 STAT. 1532]]
SEC.
9. <<NOTE: 36 USC app. 5909.>> LIABILITY.
The corporation shall be liable for the acts of
its officers,
directors,
employees, and agents whenever such individuals act within
the
scope of their authority.
SEC.
10. <<NOTE: 36 USC app. 5910.>> MAINTENANCE AND
INSPECTION OF BOOKS AND RECORDS.
(a) Books and Records of Account.--The
corporation shall keep
correct
and complete books and records of account and 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.
(b) Names and Addresses of Members.--The
corporation shall keep at
its
principal office a record of the names and addresses of all
members
having
the right to vote in any proceeding of the corporation.
(c) Right To Inspect Books and Records.--All
books and records of
the
corporation may be inspected by any member having the right to
vote
in
any proceeding of the corporation, or by any agent or attorney
of
such
member, for any proper purpose at any reasonable time.
(d) Application of State Law.--This section may
not be construed to
contravene
any applicable State law.
SEC.
11. AUDIT OF FINANCIAL TRANSACTIONS.
The first section of the Act entitled ``An Act to
provide for audit
of
accounts of private corporations established under Federal
law'',
approved
August 30, 1964 (36 U.S.C. 1101), is amended by adding at the
end
the following:
``(80)
American GI Forum of the United States.''.
SEC.
12. <<NOTE: 36 USC app. 5911.>> ANNUAL REPORT.
The corporation shall annually submit to Congress
a report
concerning
the activities of the corporation during the preceding fiscal
year.
The annual report shall be submitted on the same date as the
report
of the audit required by reason of the amendment made in
section
11.
The annual report shall not be printed as a public document.
SEC.
13. <<NOTE: 36 USC app. 5912.>> RESERVATION OF
RIGHT TO
ALTER,
AMEND, OR REPEAL CHARTER.
The right to alter, amend, or repeal this Act is
expressly reserved
to
Congress.
SEC.
14. <<NOTE: 36 USC app. 5913.>> TAX-EXEMPT STATUS
REQUIRED
AS CONDITION OF
CHARTER.
If the corporation fails to maintain its status
as a corporation
exempt
from taxation as provided in the Internal Revenue Code of 1986
the
charter granted in this Act shall terminate.
SEC.
15. <<NOTE: 36 USC app. 5914.>> TERMINATION.
The charter granted in this Act shall expire if
the corporation
fails
to comply with any of the provisions of this Act.
[[Page
112 STAT. 1533]]
SEC.
16. <<NOTE: 36 USC app. 5915.>> DEFINITION OF
STATE.
For purposes of this Act, the term ``State''
includes the District
of
Columbia, the Commonwealth of Puerto Rico, the Commonwealth of
the
Northern
Mariana Islands, and the territories and possessions of the
United
States.
Approved August 13, 1998.
LEGISLATIVE
HISTORY--S. 1759:
---------------------------------------------------------------------------
CONGRESSIONAL
RECORD, Vol. 144 (1998):
July
31, considered and passed Senate.
Aug.
3, considered and passed House.
|
