S. 1759

One Hundred Fifth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the twenty-seventh day of January, one thousand nine hundred and ninety-eight

An Act

To grant a Federal charter to the American GI Forum of the United States.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. RECOGNITION AND GRANT OF FEDERAL CHARTER.

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. 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. 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.
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SEC. 4. 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. 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. 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. 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. 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.
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SEC. 9. 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. 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. 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. 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. 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. TERMINATION.

The charter granted in this Act shall expire if the corporation

fails to comply with any of the provisions of this Act.
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SEC. 16. 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.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.