II

103D CONGRESS

2D SESSION S. 2163

To recognize the organization known as the 29th Division Association,

Incorporated.

IN THE SENATE OF THE UNITED STATES

JUNE 7, 1994

Mr. SARBANES (for himself and Ms. MIKULSKI) introduced the following bill;

which was read twice and referred to the Committee on the Judiciary

A BILL

To recognize the organization known as the 29th Division

Association, Incorporated.

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

3 That the 29th Division Association, Incorporated, a non4 profit corporation organized under the laws of the State

5 of New Jersey, is recognized as such and is granted

6 a Federal charter.

7 POWERS

8 SEC. 2. The 29th Division Association, Incorporated

9 (hereinafter in this Act referred to as the ‘‘corporation’’),

10 shall have only those powers granted to it through its by-
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1 laws and articles of incorporation filed in the State or

2 States in which it is incorporated and subject to the laws

3 of such State or States.

4 OBJECTS AND PURPOSES OF CORPORATION

5 SEC. 3. The objects and purposes of the corporation

6 are those provided in its articles of incorporation and shall

7 include—

8 (1) the promotion of fellowship among its mem9 bers;

10 (2) the perpetuation of the record of the 29th

11 Division, United States Army, in the World Wars;

12 (3) the promotion of the welfare of its mem13 bers, their families, and the families of the members

14 of the Division who lost their lives in the service of

15 Our Country;

16 (4) the consideration of questions concerning

17 the military policy of the United States of America;

18 and

19 (5) to uphold and defend the Constitution of

20 the United States of America.

21 SERVICE OF PROCESS

22 SEC. 4. With respect to service of process, the cor23 poration shall comply with the laws of the State or States

24 in which it is incorporated and the State or States in

25 which it carries on its activities in furtherance of its cor26 porate purposes.
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1 MEMBERSHIP

2 SEC. 5. (a) Subject to subsection (b), eligibility for

3 membership in the corporation and the rights and privi4 leges of members of the corporation shall be as provided

5 in the constitution and bylaws of the corporation.

6 (b) Terms of membership and requirements for hold7 ing office within the corporation shall not discriminate on

8 the basis of race, color, national origin, sex, religion, or

9 handicapped status.

10 BOARD OF DIRECTORS; COMPOSITION; RESPONSIBILITIES

11 SEC. 6. The composition of the board of directors of

12 the corporation and the responsibilities of such board shall

13 be as provided in the articles of incorporation of the cor14 poration and shall be in conformity with the laws of the

15 State or States in which it is incorporated.

16 OFFICERS OF CORPORATION

17 SEC. 7. The positions of officers of the corporation

18 and the election of members to such positions shall be as

19 provided in the articles of incorporation of the corporation

20 and shall be in conformity with the laws of the State or

21 States in which it is incorporated.

22 RESTRICTIONS

23 SEC. 8. (a) No part of the income or assets of the

24 corporation may inure to the benefit of any member, offi25 cer, or director of the corporation or be distributed to any

26 such individual during the life of this charter. Nothing in
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1 this subsection shall be construed to prevent the payment

2 of reasonable compensation to the officers of the corpora3 tion or reimbursement for actual and necessary expenses

4 in amounts approved by the board of directors.

5 (b) The corporation may not make any loan to any

6 officer, director, or employee of the corporation.

7 (c) The corporation may not contribute to, support,

8 or otherwise participate in any political activity or attempt

9 in any manner to influence legislation. No officer or direc10 tor of the corporation, acting as such officer or director,

11 may commit any act prohibited under this subsection.

12 (d) The corporation shall have no power to issue any

13 shares of stock nor to declare or pay any dividends.

14 (e) The corporation shall not claim congressional ap15 proval or Federal Government authority for any of its

16 activities.

17 LIABILITY

18 SEC. 9. The corporation shall be liable for the acts

19 of its officers and agents whenever such officers and

20 agents have acted within the scope of their authority.

21 BOOKS AND RECORDS; INSPECTION

22 SEC. 10. The corporation shall keep correct and com23 plete books and records of account and minutes of any

24 proceeding of the corporation involving any of its mem25 bers, the board of directors, or any committee having au26 thority under the board of directors. The corporation shall
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1 keep, at its principal office, a record of the names and

2 addresses of all members having the right to vote in any

3 proceeding of the corporation. All books and records of

4 such corporation may be inspected by any member having

5 the right to vote in any corporation proceeding, or by any

6 agent or attorney of such member, for any proper purpose

7 at any reasonable time. Nothing in this section shall be

8 construed to contravene any applicable State law.

9 AUDIT OF FINANCIAL TRANSACTIONS

10 SEC. 11. The first section of the Act entitled ‘‘An

11 Act to provide for audit of accounts of private corporations

12 established under Federal law’’, approved August 30,

13 1964 (36 U.S.C. 1101), is amended by adding at the end

14 thereof the following:

15 ‘‘(74) 29th Division Association, Incor16 porated.’’.

17 ANNUAL REPORT

18 SEC. 12. The corporation shall report annually to the

19 Congress concerning the activities of the corporation dur20 ing the preceding fiscal year. Such annual report shall be

21 submitted at the same time as the report of the audit of

22 the corporation required by section 2 of the Act entitled

23 ‘‘An Act to provide for audit of accounts of private cor24 porations established under Federal law’’, approved Au25 gust 30, 1964 (36 U.S.C. 1101). The report shall not be

26 printed as a public document.
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1 RESERVATION OF RIGHT TO AMEND, ALTER, OR REPEAL

2 CHARTER

3 SEC. 13. The right to amend, alter, or repeal this Act

4 is expressly reserved to the Congress.

5 DEFINITION OF STATE

6 SEC. 14. For purposes of this Act, the term ‘‘State’’

7 includes the District of Columbia, the Commonwealth of

8 Puerto Rico, the Commonwealth of the Northern Mariana

9 Islands, and the territories and possessions of the United

10 States.

11 TAX-EXEMPT STATUS

12 SEC. 15. The corporation shall maintain its status as

13 an organization exempt from taxation as provided in the

14 Internal Revenue Code of 1986.

15 TERMINATION

16 SEC. 16. If the corporation fails to comply with any

17 of the restrictions or provisions of this Act, the charter

18 granted by this Act shall expire.

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