II 

112TH CONGRESS 

1ST SESSION S. 1846 

To amend title 38, United States Code, to establish the National Veterans 

Support Foundation to carry out activities to support and supplement 

the mission of the Department of Veterans Affairs, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 10, 2011 

Mr. BENNET introduced the following bill; which was read twice and referred 

to the Committee on Veterans’ Affairs 

A BILL 

To amend title 38, United States Code, to establish the 

National Veterans Support Foundation to carry out activities to support and supplement the mission of the 

Department of Veterans Affairs, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Nationwide Network 

5 of Support for Veterans and Their Families Act of 2011.’’. 

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1 SEC. 2. NATIONAL VETERANS SUPPORT FOUNDATION. 

2 (a) IN GENERAL.—Part V of title 38, United States 

3 Code, is amended by adding at the end the following new 

4 chapter: 

5 ‘‘CHAPTER 80—NATIONAL VETERANS 

6 SUPPORT FOUNDATION 

‘‘CHAPTER 80—NATIONAL VETERANS SUPPORT FOUNDATION

‘‘Sec. 

‘‘8001. Definitions. 

‘‘8002. Establishment and organization. 

‘‘8003. Purposes. 

‘‘8004. Board of directors. 

‘‘8005. Officers and employees. 

‘‘8006. Powers. 

‘‘8007. Direct community reintegration support grant program. 

‘‘8008. Limitations on grants. 

‘‘8009. Principal office. 

‘‘8010. Protection and uses of trademarks and trade names. 

‘‘8011. Restriction on Federal funding. 

‘‘8012. Service of process. 

‘‘8013. Duty to maintain corporate and tax-exempt status. 

‘‘8014. Civil action by Attorney General for equitable relief. 

‘‘8015. Audits. 

‘‘8016. Annual report. 

7 ‘‘§ 8001. Definitions 

8 ‘‘In this chapter: 

9 ‘‘(1) CORPORATION.—The term ‘corporation’ 

10 means the National Veterans Support Foundation 

11 established under section 8002(a) of this title. 

12 ‘‘(2) VETERANS SERVICE ORGANIZATION.—The 

13 term ‘veterans service organization’ means any orga14 nization recognized by the Secretary for the rep15 resentation of veterans under section 5902 of this 

16 title. 

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1 ‘‘§ 8002. Establishment and organization 

2 ‘‘(a) ESTABLISHMENT.—There is established a Na3 tional Veterans Support Foundation. 

4 ‘‘(b) FEDERAL CHARTER.—The corporation is a fed5 erally chartered corporation. 

6 ‘‘(c) PLACE OF INCORPORATION AND DOMICILE.— 

7 The corporation shall be incorporated and domiciled in the 

8 District of Columbia or another nearby State, as deter9 mined by the board of directors of the corporation. 

10 ‘‘(d) NONPROFIT STATUS.—The corporation shall be 

11 a charitable and nonprofit corporation. 

12 ‘‘(e) PERPETUAL EXISTENCE.—Except as otherwise 

13 provided, the corporation shall have perpetual existence. 

14 ‘‘§ 8003. Purposes 

15 ‘‘The purposes of the corporation are as follows: 

16 ‘‘(1) In consultation with the Secretary of Vet17 erans Affairs, the Secretary of Defense, the Sec18 retary of Labor, the Secretary of Homeland Secu19 rity, the Director of the Office of Personnel Manage20 ment, and other heads of relevant agencies— 

21 ‘‘(A) to analyze and organize resources 

22 that list and describe organizations, programs, 

23 events, and other activities that provide assist24 ance specifically to veterans; and 

25 ‘‘(B) to help determine with which such or26 ganizations, programs, events, and activities 

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1 combined private and governmental efforts 

2 would be most beneficial for veterans. 

3 ‘‘(2) To provide analytical support, map re4 sources across the United States, and help align and 

5 scale resources that support veterans and their fami6 lies. 

7 ‘‘(3) To encourage and promote participation by 

8 private organizations in— 

9 ‘‘(A) activities that serve and support vet10 erans; and 

11 ‘‘(B) activities of veterans service organiza12 tions, faith-based organizations, and other char13 itable or nonprofit organizations that have a 

14 mission to provide assistance to veterans and 

15 their families. 

16 ‘‘(4) To encourage and promote communication 

17 between the Secretary of Veterans Affairs, the Sec18 retary of Defense, the Secretary of Labor, the Sec19 retary of Homeland Security, the Director of the Of20 fice of Personnel Management, private organizations, 

21 veterans service organizations, faith-based organiza22 tions, and other charitable or nonprofit organiza23 tions that have a mission to provide assistance to 

24 veterans and their families. 

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1 ‘‘(5) To promote coordination of services, pro2 grams, events, and other activities provided by the 

3 secretaries and organizations described in paragraph 

4 (4), particularly with respect to coordination carried 

5 out in local communities. 

6 ‘‘(6) To encourage and promote private gifts of 

7 services and money and other property to support 

8 the services, programs, events, and activities de9 scribed in paragraph (5). 

10 ‘‘(7) In consultation with the Secretary of Vet11 erans Affairs, to undertake and support activities to 

12 improve the services and support available to vet13 erans and their families. 

14 ‘‘(8) To refer and connect private organizations 

15 seeking to support veterans and their families to or16 ganizations that provide such support. 

17 ‘‘(9) To refer and connect organizations and 

18 communities seeking to support veterans and their 

19 families to Federal and private sector resources rel20 evant to the provision of such support. 

21 ‘‘(10) To raise awareness regarding issues fac22 ing veterans and their families and to undertake 

23 such educational media campaigns as the board of 

24 directors of the corporation considers appropriate for 

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1 the purposes described in this section, including na2 tional media outreach and local media outreach. 

3 ‘‘§ 8004. Board of directors 

4 ‘‘(a) IN GENERAL.—The corporation shall have a 

5 board of directors, which shall be the governing body of 

6 the corporation. 

7 ‘‘(b) MEMBERSHIP.—(1) The board shall consist of 

8 9 members— 

9 ‘‘(A) each of whom shall be a citizen of the 

10 United States; 

11 ‘‘(B) three of whom shall be knowledgeable or 

12 experienced in 1 or more fields directly relating to 

13 veterans health, veterans benefits, veterans employ14 ment, transition services for members of the Armed 

15 Forces separating from military service, veterans 

16 education, veterans homelessness, women veterans, 

17 or veterans-oriented community partnerships; and 

18 ‘‘(C) six of whom shall be leaders in the private 

19 sector with a strong interest in issues and services 

20 relating to veterans. 

21 ‘‘(2) To the extent practicable, the membership of the 

22 board shall represent diverse professional specialties. 

23 ‘‘(3) Status as a veteran shall not be a requirement 

24 for membership on the board. 

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1 ‘‘(4) The Secretary of Veterans Affairs, the Secretary 

2 of Defense, the Secretary of Labor, the Secretary of 

3 Homeland Security, the Director of the Office of Per4 sonnel Management, and such other members as the 

5 President considers appropriate shall be ex officio, non6 voting members of the board. 

7 ‘‘(c) INITIAL APPOINTMENTS.—(1) Not later than 90 

8 days after the date of the enactment of this chapter, the 

9 Secretary shall appoint the members of the board. 

10 ‘‘(2) In selecting individuals for appointment to the 

11 board, the Secretary shall consult with the following: 

12 ‘‘(A) The majority leader of the Senate con13 cerning the appointment of one member. 

14 ‘‘(B) The President pro tempore of the Senate 

15 concerning the appointment of one member. 

16 ‘‘(C) The minority leader of the Senate con17 cerning the appointment of one member. 

18 ‘‘(D) The Speaker of the House of Representa19 tives concerning the appointment of one member. 

20 ‘‘(E) The majority leader of the House of Rep21 resentatives concerning the appointment of one 

22 member. 

23 ‘‘(F) The minority leader of the House of Rep24 resentatives concerning the appointment of one 

25 member. 

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1 ‘‘(d) PERIOD OF APPOINTMENT.—(1) A member of 

2 the board shall serve for a term of six years, except the 

3 members first appointed shall be appointed for staggered 

4 terms as the Secretary considers appropriate. 

5 ‘‘(2)(A) A vacancy on the board shall be filled within 

6 60 days of the vacancy in the same manner in which the 

7 original appointment was made and shall be subject to any 

8 conditions which applied with respect to the original ap9 pointment. 

10 ‘‘(B) An individual chosen to fill a vacancy shall be 

11 appointed for the unexpired term of the member replaced. 

12 ‘‘(3) No individual may serve more than two consecu13 tive terms as a member of the board. 

14 ‘‘(e) CHAIRPERSON.—The chairperson shall be elect15 ed by the board from its members for a two-year term 

16 and shall not be limited in terms or service, other than 

17 as provided in subsection (d). 

18 ‘‘(f) SECRETARY OF THE BOARD.—The first em19 ployee appointed by the board under section 8005 of this 

20 title shall be the secretary of the board, who shall be the 

21 chief operating officer of the corporation and shall be 

22 knowledgeable and experienced in matters related to vet23 erans. 

24 ‘‘(g) MEETINGS.—The board shall meet at the call 

25 of the chairperson and not less frequently than once each 

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1 year. If a member misses three consecutive regularly 

2 scheduled meetings, that member may be removed from 

3 the board and the vacancy filled in accordance with sub4 section (d). 

5 ‘‘(h) QUORUM.—A majority of the current member6 ship of the board shall constitute a quorum for the trans7 action of business. 

8 ‘‘(i) REIMBURSEMENT OF EXPENSES.—Members of 

9 the board shall serve without pay, but may be reimbursed 

10 for the actual and necessary travel and subsistence ex11 penses incurred by them in the performance of the duties 

12 of the corporation, subject to the same limitations on reim13 bursement that are imposed upon employees of Federal 

14 agencies. 

15 ‘‘§ 8005. Officers and employees 

16 ‘‘(a) APPOINTMENT.—The board of directors may ap17 point officers or employees, but only after the corporation 

18 has sufficient funds to pay for their services. 

19 ‘‘(b) STATUS AND COMPENSATION.—(1) Officers and 

20 employees of the corporation— 

21 ‘‘(A) shall demonstrate exceptional knowledge 

22 in matters relating to the operation of a foundation, 

23 grant making, or the provision of services to vet24 erans; 

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1 ‘‘(B) shall not be considered employees of the 

2 United States Government; 

3 ‘‘(C) shall be appointed without regard to the 

4 provisions of title 5 governing appointments in the 

5 competitive service; 

6 ‘‘(D) may not receive a salary in excess of the 

7 annual rate of basic pay in effect for Level V of the 

8 Executive Schedule under section 5316 of title 5; 

9 ‘‘(E) may not be an employee of the Depart10 ment or spouse or dependent relative of such an em11 ployee; 

12 ‘‘(F) may not be an office holder in a veterans 

13 service organization or the spouse or dependent rel14 ative of such an office holder; and 

15 ‘‘(G) may not personally or substantially par16 ticipate in the consideration or determination by the 

17 corporation of any matter that would directly or pre18 dictably affect any financial interest of— 

19 ‘‘(i) the individual or a relative of the indi20 vidual; and 

21 ‘‘(ii) any business organization, or other 

22 entity, of which the individual is an officer or 

23 employee, is negotiating for employment, or in 

24 which the individual has a financial interest. 

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1 ‘‘(2) A member of the board of directors may not re2 ceive compensation for serving as an employee of the cor3 poration. 

4 ‘‘(c) POLICIES REGARDING FINANCIAL CONFLICTS

5 OF INTEREST AND ETHICAL STANDARDS.—In estab6 lishing bylaws under section 8006 of this title, the board 

7 of directors shall provide for policies with regard to finan8 cial conflicts of interest and ethical standards for the ac9 ceptance, solicitation, and disposition of donations and 

10 grants to the corporation. 

11 ‘‘§ 8006. Powers 

12 ‘‘(a) IN GENERAL.—The corporation may— 

13 ‘‘(1) appoint employees; 

14 ‘‘(2) adopt a constitution and bylaws consistent 

15 with the purposes under section 8003 of this title; 

16 and 

17 ‘‘(3) undertake such other acts as may be nec18 essary to carry out the provisions of this chapter. 

19 ‘‘(b) SEAL.—The corporation shall have an official 

20 seal selected by the board of directors which may be used 

21 as provided for in section 8010 of this title. 

22 ‘‘(c) POWERS.—The corporation may, in consultation 

23 with the Secretary, directly or by awarding of contracts 

24 or grants, carry out or support activities for the purposes 

25 described in section 8003 of this title. 

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1 ‘‘(d) TREATMENT OF PROPERTY.—(1) For purposes 

2 of this chapter, an interest in real property shall be treated 

3 as including easements or other rights for preservation, 

4 conservation, protection, or enhancement by and for the 

5 public of natural scenic, historic, scientific, education, in6 spirational, or recreational resources. 

7 ‘‘(2) A gift, devise, or bequest may be accepted by 

8 the corporation even though it is encumbered, restricted, 

9 or subject to beneficial interests of private persons if any 

10 current or future interest therein is for the benefit of the 

11 corporation. 

12 ‘‘§ 8007. Direct community reintegration support 

13 grant program 

14 ‘‘(a) ESTABLISHMENT.—The corporation shall estab15 lish a direct community reintegration support grant pro16 gram to award grants to eligible entities to create or ex17 pand community-based programs that— 

18 ‘‘(1) contribute in a demonstrable manner to 

19 fostering the readjustment and successful reintegra20 tion of veterans into their geographic communities; 

21 ‘‘(2) expand the capacity within such commu22 nities to make direct services or supportive activities 

23 available in an ongoing and coordinated manner; 

24 ‘‘(3) engage and empower veterans; and 

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1 ‘‘(4) establish and sustain close working rela2 tionships between one or more facilities administered 

3 by the Secretary and entities participating in such 

4 community-based programs. 

5 ‘‘(b) ELIGIBLE ENTITIES.—For purposes of sub6 section (a), an eligible entity is any entity that represents 

7 a geographic community that is— 

8 ‘‘(1) undertaking a strategic planning process 

9 concerning what services for veterans and military 

10 families are available to veterans and military fami11 lies in such geographic community and how such 

12 services are made available to such veterans and 

13 families; 

14 ‘‘(2) mobilizing multiple partner organizations 

15 in the public and private sector; 

16 ‘‘(3) obtaining support from key stakeholders in 

17 the veterans and military community; and 

18 ‘‘(4) using Internet-based resources to facilitate 

19 a connection between veterans, military families, and 

20 the services described in paragraph (1). 

21 ‘‘§ 8008. Limitations on grants 

22 ‘‘A recipient of a grant awarded by the corporation 

23 to carry out a project, as a condition of such grant, may 

24 not receive during the one-year period beginning on the 

25 date on which such grant was awarded any amount from 

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1 the Department of Veterans Affairs to carry out such 

2 project. 

3 ‘‘§ 8009. Principal office 

4 ‘‘The principal office of the corporation shall be in 

5 the District of Columbia or another nearby State, as de6 termined by the board of directors of the corporation. 

7 However, the corporation may conduct business through8 out the States, territories, and possessions of the United 

9 States. 

10 ‘‘§ 8010. Protection and uses of trademarks and trade 

11 names 

12 ‘‘(a) TRADEMARKS OF THE NATIONAL VETERANS

13 SUPPORT FOUNDATION.—Authorization for a contributor, 

14 or a supplier of goods or services, to use, in advertising 

15 regarding the contribution, good, or services, the trade 

16 name of the corporation, or any trademark, seal, symbol, 

17 insignia, or emblem of the corporation may be provided 

18 only by the corporation with the concurrence of the Sec19 retary. 

20 ‘‘(b) TRADEMARKS OF THE DEPARTMENT.—Author21 ization for a contributor or supplier described in sub22 section (a) to use, in such advertising, the trade name of 

23 the Department, or any trademark, seal, symbol, insignia, 

24 or emblem of the Department, may be provided— 

25 ‘‘(1) by the Secretary; or 

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1 ‘‘(2) by the corporation with the concurrence of 

2 the Secretary. 

3 ‘‘§ 8011. Restriction on Federal funding 

4 ‘‘The corporation may not accept any Federal funds. 

5 ‘‘§ 8012. Service of process 

6 ‘‘The corporation shall have a designated agent to re7 ceive service of process for the corporation. Notice to or 

8 service on the agent, or mailed to the business address 

9 of the agent, is notice to or service on the corporation. 

10 ‘‘§ 8013. Duty to maintain corporate and tax-exempt 

11 status 

12 ‘‘(a) CORPORATE STATUS.—The corporation shall 

13 maintain its status as a corporation incorporated under 

14 the laws of the District of Columbia or another nearby 

15 State, as determined by the board of directors of the cor16 poration. 

17 ‘‘(b) TAX-EXEMPT STATUS.—The corporation shall 

18 maintain its status as an organization exempt from the 

19 Internal Revenue Code of 1986. 

20 ‘‘§ 8014. Civil action by Attorney General for equi21 table relief 

22 ‘‘The Attorney General may bring a civil action in 

23 the United States District Court for the District of Colum24 bia for appropriate equitable relief if the corporation— 

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1 ‘‘(1) engages or threatens to engage in any act, 

2 practice, or policy that is inconsistent with the pur3 poses in section 8003 of this title; or 

4 ‘‘(2) refuses, fails, or neglects to carry out its 

5 obligations under this chapter or threatens to do so. 

6 ‘‘§ 8015. Audits 

7 ‘‘(a) GENERAL.—The financial statements of the cor8 poration shall be audited annually in accordance with gen9 erally accepted auditing standards by an independent cer10 tified public accountant or independent licensed public ac11 countant, certified or licensed by a regulatory authority 

12 of a State or other political subdivision of the United 

13 States. The audit shall be conducted where the financial 

14 statements of the corporation normally are kept. The per15 son conducting the audit shall be given access to— 

16 ‘‘(1) all records and property owned or used by 

17 the corporation necessary to facilitate the audit; and 

18 ‘‘(2) full facilities for verifying transactions 

19 with the balances or securities held by depositories, 

20 fiscal agents, and custodians. 

21 ‘‘(b) REPORT.—(1) The corporation shall submit a 

22 report of the audit to Congress not later than six months 

23 after the close of the fiscal year for which the audit is 

24 made. The report shall describe the scope of the audit and 

25 include— 

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1 ‘‘(A) statements necessary to present fairly the 

2 corporation’s assets, liabilities, and surplus or def3 icit, and an analysis of the changes in those amounts 

4 during the year; 

5 ‘‘(B) a statement in reasonable detail of the 

6 corporation’s income and expenses during the year 

7 including the results of any trading, manufacturing, 

8 publishing, or other commercial-type endeavor; and 

9 ‘‘(C) the independent auditor’s opinion of those 

10 statements. 

11 ‘‘(2) The report may not be printed as a public docu12 ment. 

13 ‘‘§ 8016. Annual report 

14 ‘‘(a) IN GENERAL.—Each year, the corporation shall 

15 submit to Congress and the Secretary a report on the pro16 ceedings and activities of the corporation during the prior 

17 fiscal year. 

18 ‘‘(b) SUBMITTAL WITH AUDIT REPORTS.—Each re19 port submitted under subsection (a) for a fiscal year shall 

20 be submitted at the same time as the report of the audit 

21 required by section 8015 is submitted for the same fiscal 

22 year.’’. 

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1 (b) CLERICAL AMENDMENT.—The table of chapters 

2 at the beginning of part V of such title is amended by 

3 adding at the end the following new item: 

‘‘80. National Veterans Support Foundation .......................... 8001’’. 

Æ 

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