I

103D CONGRESS

1ST SESSION H. R. 2032

To recognize the organization known as the Black Veterans of America.

IN THE HOUSE OF REPRESENTATIVES

MAY 6, 1993

Mr. PENNY introduced the following bill; which was referred to the Committee

on the Judiciary

A BILL

To recognize the organization known as the Black Veterans

of America.

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

3 SECTION 1. RECOGNITION AS CORPORATION AND GRANT

4 OF FEDERAL CHARTER.

5 The Black Veterans of America, a nonprofit corpora6 tion organized under the laws of the State of Minnesota,

7 is hereby recognized as such and is granted a Federal

8 charter.

9 SEC. 2. POWERS.

10 The Black Veterans of America (hereinafter in this

11 Act referred to as the ‘‘corporation’’) shall have only those
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1 powers granted to it through its bylaws and articles of

2 incorporation filed in the State in which it is incorporated

3 and subject to the laws of such State.

4 SEC. 3. OBJECTS AND PURPOSES.

5 The objects and purposes of the corporation are those

6 provided in its bylaws and articles of incorporation and

7 shall include the following:

8 (1) Recognizing the contribution to the United

9 States throughout its history made by black Ameri10 cans in military service.

11 (2) Ensuring that all veterans, and particularly

12 black veterans, receive all benefits accorded them

13 under law.

14 (3) Serving as an information clearinghouse for

15 all veterans’ benefits, including education, housing,

16 job training, disability, health care, and burial bene17 fits.

18 (4) Providing outreach and referral to commu19 nity services for veterans and their families.

20 (5) Providing a forum for discussion of veter21 ans’ issues and concerns.

22 SEC. 4. SERVICE OF PROCESS.

23 With respect to service of process, the corporation

24 shall comply with the laws of the State in which it is incor-
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1 porated and those States in which it carries on its activi2 ties in furtherance of its corporate purposes.

3 SEC. 5. MEMBERSHIP.

4 Except as provided in section 8, eligibility for mem5 bership in the corporation and the rights and privileges

6 of members of the corporation shall be as provided in the

7 articles of incorporation and bylaws of the corporation.

8 SEC. 6. BOARD OF DIRECTORS.

9 Except as provided in section 8, the composition of

10 the board of directors of the corporation and the respon11 sibilities of such board shall be as provided in the articles

12 of incorporation of the corporation and in conformity with

13 the laws of the State in which it is incorporated.

14 SEC. 7. OFFICERS OF CORPORATION.

15 Except as provided in section 8, the positions of offi16 cers of the corporation and the election of members to

17 such positions shall be as provided in the articles of incor18 poration of the corporation and in conformity with the

19 laws of the State in which it is incorporated.

20 SEC. 8. PROHIBITION AGAINST DISCRIMINATION.

21 In establishing the conditions of membership in the

22 corporation and in determining the requirements for serv23 ing on the board of directors or as an officer of the cor24 poration, the corporation may not discriminate on the
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1 basis of race, color, religion, sex, handicap, age, or na2 tional origin.

3 SEC. 9. RESTRICTIONS.

4 (a) INCOME AND COMPENSATION.—No part of the in5 come or assets of the corporation may inure to the benefit

6 of any member, officer, or director of the corporation or

7 be distributed to any such individual during the life of this

8 charter. Nothing in this subsection shall be construed to

9 prevent the payment of reasonable compensation to the

10 officers of the corporation or reimbursement for actual

11 necessary expenses in amounts approved by the board of

12 directors.

13 (b) LOANS.—The corporation may not make any loan

14 to any officer, director, or employee of the corporation.

15 (c) STOCK.—The corporation shall have no power to

16 issue any shares of stock or to declare or pay any divi17 dends.

18 (d) CLAIM OF CONGRESSIONAL APPROVAL OR AU19 THORIZATION.—The corporation shall not claim congres20 sional approval or the authorization of the Federal Gov21 ernment for any of its activities by virtue of this Act.

22 SEC. 10. LIABILITY FOR ACTS OF OFFICERS AND AGENTS.

23 The corporation shall be liable for the acts of its offi24 cers and agents whenever such officers and agents have

25 acted within the scope of their authority.
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1 SEC. 11. BOOKS AND RECORDS.

2 The corporation shall keep correct and complete

3 books and records of account and minutes of any proceed4 ing of the corporation involving any of its members, the

5 board of directors, or any committee having authority

6 under the board of directors. The corporation shall keep,

7 at its principal office, a record of the names and addresses

8 of all members having the right to vote in any proceeding

9 of the corporation. All books and records of such corpora10 tion may be inspected by any member having the right

11 to vote in any corporation proceeding, or by any agent or

12 attorney of such member, for any proper purpose at any

13 reasonable time. Nothing in this section shall be construed

14 to contravene any applicable State law.

15 SEC. 12. AUDIT OF FINANCIAL TRANSACTIONS.

16 The first section of the Act entitled ‘‘An Act to pro17 vide for audit of accounts of private corporations estab18 lished under Federal law’’, approved August 30, 1964 (36

19 U.S.C. 1101), is amended by adding at the end the follow20 ing:

21 ‘‘(77) The Black Veterans of America.’’.

22 SEC. 13. ANNUAL REPORT.

23 The corporation shall report annually to the Congress

24 concerning the activities of the corporation during the pre25 ceding fiscal year. Such annual report shall be submitted

26 at the same time as the report of the audit required by
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1 section 2 of the Act referred to in section 12. The report

2 shall not be printed as a public document.

3 SEC. 14. RESERVATION OF RIGHT TO ALTER, AMEND, OR

4 REPEAL CHARTER.

5 The right to alter, amend, or repeal this Act is ex6 pressly reserved to the Congress.

7 SEC. 15. ‘‘STATE’’ DEFINED.

8 For purposes of this Act, the term ‘‘State’’ includes

9 the District of Columbia, the Commonwealth of Puerto

10 Rico, the Commonwealth of the Northern Mariana Is11 lands, and the territories and possessions of the United

12 States.

13 SEC. 16. TAX-EXEMPT STATUS.

14 The corporation shall maintain its status as an orga15 nization exempt from taxation as provided in the Internal

16 Revenue Code of 1986.

17 SEC. 17. TERMINATION FOR FAILURE TO COMPLY WITH RE18 STRICTIONS OR PROHIBITIONS.

19 If the corporation shall fail to comply with any of the

20 restrictions or provisions of this Act, the charter granted

21 by this Act shall expire.

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