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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. RECOGNITION AS CORPORATION AND GRANT
OF FEDERAL CHARTER.
The Black Veterans of America, a nonprofit corpora-
tion organized under the laws of the State of Minnesota,
is hereby recognized as such and is granted a Federal
charter.
SEC. 2. POWERS.
The Black Veterans of America (hereinafter 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 in which it is incorporated
and subject to the laws of such State.
SEC. 3. OBJECTS AND PURPOSES.
The objects and purposes of the corporation are those
provided in its bylaws and articles of incorporation and
shall include the following:
(1) Recognizing the contribution to the United
States throughout its history made by black Ameri-
cans in military service.
(2) Ensuring that all veterans, and particularly
black veterans, receive all benefits accorded them
under law.
(3) Serving as an information clearinghouse for
all veterans’ benefits, including education, housing,
job training, disability, health care, and burial bene-
fits.
(4) Providing outreach and referral to commu-
nity services for veterans and their families.
(5) Providing a forum for discussion of veter-
ans’ issues and concerns.
SEC. 4. SERVICE OF PROCESS.
With respect to service of process, the corporation
shall comply with the laws of the State in which it is incor-
porated and those States in which it carries on its activi-
ties in furtherance of its corporate purposes.
SEC. 5. MEMBERSHIP.
Except as provided in section 8, eligibility for mem-
bership in the corporation and the rights and privileges
of members of the corporation shall be as provided in the
articles of incorporation and bylaws of the corporation.
SEC. 6. BOARD OF DIRECTORS.
Except as provided in section 8, the composition of
the board of directors of the corporation and the respon-
sibilities of such board shall be as provided in the articles
of incorporation of the corporation and in conformity with
the laws of the State in which it is incorporated.
SEC. 7. OFFICERS OF CORPORATION.
Except as provided in section 8, the positions of offi-
cers of the corporation and the election of members to
such positions shall be as provided in the articles of incor-
poration of the corporation and in conformity with the
laws of the State in which it is incorporated.
SEC. 8. PROHIBITION AGAINST DISCRIMINATION.
In establishing the conditions of membership in the
corporation and in determining the requirements for serv-
ing on the board of directors or as an officer of the cor-
poration, the corporation may not discriminate on the
basis of race, color, religion, sex, handicap, age, or na-
tional origin.
SEC. 9. RESTRICTIONS.
(a) INCOME AND COMPENSATION.—No part of the in-
come 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 shall be construed to
prevent the payment of reasonable compensation to the
officers of the corporation or reimbursement for actual
necessary expenses in amounts approved by the board of
directors.
(b) LOANS.—The corporation may not make any loan
to any officer, director, or employee of the corporation.
(c) STOCK.—The corporation shall have no power to
issue any shares of stock or to declare or pay any divi-
dends.
(d) CLAIM OF CONGRESSIONAL APPROVAL OR AU-
THORIZATION.—The corporation shall not claim congres-
sional approval or the authorization of the Federal Gov-
ernment for any of its activities by virtue of this Act.
SEC. 10. LIABILITY FOR ACTS OF OFFICERS AND AGENTS.
The corporation shall be liable for the acts of its offi-
cers and agents whenever such officers and agents have
acted within the scope of their authority.
SEC. 11. BOOKS AND RECORDS.
The corporation shall keep correct and complete
books and records of account and minutes of any proceed-
ing of the corporation involving any of its members, the
board of directors, or any committee having authority
under the board of directors. 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. All books and records of such corpora-
tion may be inspected by any member having the right
to vote in any corporation proceeding, or by any agent or
attorney of such member, for any proper purpose at any
reasonable time. Nothing in this section shall be construed
to contravene any applicable State law.
SEC. 12. AUDIT OF FINANCIAL TRANSACTIONS.
The first section of the Act entitled ‘‘An Act to pro-
vide for audit of accounts of private corporations estab-
lished under Federal law’’, approved August 30, 1964 (36
U.S.C. 1101), is amended by adding at the end the follow-
ing:
‘‘(77) The Black Veterans of America.’’.
SEC. 13. ANNUAL REPORT.
The corporation shall report annually to the Congress
concerning the activities of the corporation during the pre-
ceding fiscal year. Such annual report shall be submitted
at the same time as the report of the audit required by
section 2 of the Act referred to in section 12. The report
shall not be printed as a public document.
SEC. 14. RESERVATION OF RIGHT TO ALTER, AMEND, OR
REPEAL CHARTER.
The right to alter, amend, or repeal this Act is ex-
pressly reserved to the Congress.
SEC. 15. ‘‘STATE’’ DEFINED.
For purposes of this Act, the term ‘‘State’’ includes
the District of Columbia, the Commonwealth of Puerto
Rico, the Commonwealth of the Northern Mariana Is-
lands, and the territories and possessions of the United
States.
SEC. 16. TAX-EXEMPT STATUS.
The corporation shall maintain its status as an orga-
nization exempt from taxation as provided in the Internal
Revenue Code of 1986.
SEC. 17. TERMINATION FOR FAILURE TO COMPLY WITH RE-
STRICTIONS OR PROHIBITIONS.
If the corporation shall fail to comply with any of the
restrictions or provisions of this Act, the charter granted
by this Act shall expire.
Æ