I 
108TH CONGRESS 
2D SESSION 
H. R. 5318
To grant a Federal charter to the National American Indian Veterans, 
Incorporated. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 8, 2004
Ms. HERSETH (for herself and Mr. RENZI) introduced the following bill; which 
was referred to the Committee on the Judiciary 
A BILL 
To grant a Federal charter to the National American Indian 
Veterans, Incorporated.
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 
FOR 
NATIONAL 
AMERICAN 
INDIAN 
VETERANS, 
INCOR-
PORATED. 
(a) IN GENERAL.—Part B of subtitle II of title 36, 
United States Code, is amended by inserting after chapter 
1503 the following new chapter:
‘‘CHAPTER 1504—NATIONAL AMERICAN 
INDIAN VETERANS, INCORPORATED
‘‘Sec. 
‘‘150401. Organization. 
‘‘150402. Purposes. 
‘‘150403. Membership. 
‘‘150404. Board of directors. 
‘‘150405. Officers. 
‘‘150406. Nondiscrimination. 
‘‘150407. Powers. 
‘‘150408. Exclusive right to name, seals, emblems, and badges. 
‘‘150409. Restrictions. 
‘‘150410. Duty to maintain tax-exempt status. 
‘‘150411. Records and inspection. 
‘‘150412. Service of process. 
‘‘150413. Liability for acts of officers and agents. 
‘‘150414. Failure to comply with requirements. 
‘‘150415. Annual report.
‘‘§ 150401. Organization 
‘‘The National American Indian Veterans, Incor-
porated, a nonprofit corporation organized in the United 
States (in this chapter referred to as the ‘corporation’), 
is a federally chartered corporation. 
‘‘§ 150402. Purposes 
‘‘The purposes of the corporation are those stated in 
its articles of incorporation, constitution, and bylaws, and 
include a commitment—
‘‘(1) to uphold and defend the Constitution of 
the United States while respecting the sovereignty of 
the American Indian, Alaska Native, and Native Ha-
waiian Nations; 
‘‘(2) to unite under one body all American In-
dian, Alaska Native, and Native Hawaiian veterans 
who served in the Armed Forces of United States;
‘‘(3) to be an advocate on behalf of all Amer-
ican Indian, Alaska Native, and Native Hawaiian 
veterans without regard to whether they served dur-
ing times of peace, conflict, or war; 
‘‘(4) to promote social welfare (including edu-
cational, economic, social, physical, cultural values, 
and traditional healing) in the United States by en-
couraging the growth and development, readjust-
ment, self-respect, self-confidence, contributions, and 
self-identity of American Indian veterans; 
‘‘(5) to serve as an advocate for the needs of 
American Indian, Alaska Native, and Native Hawai-
ian veterans, their families, or survivors in their 
dealings with all Federal and State government 
agencies; 
‘‘(6) to promote, support, and utilize research, 
on a nonpartisan basis, pertaining to the relation-
ship between the American Indian, Alaska Native, 
and Native Hawaiian veterans and American society; 
and 
‘‘(7) to provide technical assistance to the 12 
regional areas without veterans committees or orga-
nizations and programs by—
‘‘(A) providing outreach service to those 
Tribes in need; and
‘‘(B) training and educating Tribal Vet-
erans Service Officers for those Tribes in need. 
‘‘§ 150403. Membership 
‘‘Subject to section 150406 of this title, eligibility for 
membership in the corporation, and the rights and privi-
leges of members, shall be as provided in the constitution 
and by-laws of the corporation. 
‘‘§ 150404. Board of directors 
‘‘Subject to section 150406 of this title, the board 
of directors of the corporation, and the responsibilities of 
the board, shall be as provided in the constitution and by-
laws of the corporation and in conformity with the laws 
under which the corporation is incorporated. 
‘‘§ 150405. Officers 
‘‘Subject to section 150406 of this title, the officers 
of the corporation, and the election of such officers, shall 
be as provided in the constitution and bylaws of the cor-
poration and in conformity with the laws of the jurisdic-
tion under which the corporation is incorporated. 
‘‘§ 150406. Nondiscrimination 
‘‘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, national origin, handicap, 
or age. 
‘‘§ 150407. Powers 
‘‘The corporation shall have only those powers grant-
ed the corporation through its articles of incorporation 
and its constitution and bylaws which shall conform to the 
laws of the jurisdiction under which the corporation is in-
corporated. 
‘‘§ 150408. Exclusive right to name, seals, emblems, 
and badges 
‘‘(a) IN GENERAL.—The corporation shall have the 
sole and exclusive right to use the names ‘National Amer-
ican Indian Veterans, Incorporated’ and ‘National Amer-
ican Indian Veterans’, and such seals, emblems, and 
badges as the corporation may lawfully adopt. 
‘‘(b) CONSTRUCTION.—Nothing in this section shall 
be construed to interfere or conflict with established or 
vested rights. 
‘‘§ 150409. Restrictions 
‘‘(a) STOCK AND DIVIDENDS.—The corporation shall 
have no power to issue any shares of stock nor to declare 
or pay any dividends. 
‘‘(b) DISTRIBUTION OF INCOME OR ASSETS.—(1) No 
part of the income or assets of the corporation shall inure 
to any person who is a member, officer, or director of the
corporation or be distributed to any such person during 
the life of the charter granted by this chapter. 
‘‘(2) Nothing in this subsection shall be construed to 
prevent the payment of reasonable compensation to the 
officers of the corporation, or reimbursement for actual 
and necessary expenses, in amounts approved by the board 
of directors. 
‘‘(c) LOANS.—The corporation shall not make any 
loan to any officer, director, member, or employee of the 
corporation. 
‘‘(d) NO FEDERAL ENDORSEMENT.—The corpora-
tion shall not claim congressional approval or Federal 
Government authority by virtue of the charter granted by 
this chapter for any of its activities. 
‘‘§ 150410. Duty to maintain tax-exempt status 
‘‘The corporation shall maintain its status as an or-
ganization exempt from taxation as provided in the Inter-
nal Revenue Code of 1986. 
‘‘§ 150411. Records and inspection 
‘‘(a) RECORDS.—The corporation shall keep—
‘‘(1) correct and complete books and records of 
accounts; 
‘‘(2) minutes of any proceeding of the corpora-
tion involving any of its members, the board of di-
rectors, or any committee having authority under 
the board of directors; and 
‘‘(3) at its principal office, a record of the 
names and addresses of all members having the 
right to vote. 
‘‘(b) INSPECTION.—(1) All books and records of the 
corporation may be inspected by any member having the 
right to vote, or by any agent or attorney of such member, 
for any proper purpose, at any reasonable time. 
‘‘(2) Nothing in this section shall be construed to con-
travene the laws of the jurisdiction under which the cor-
poration is incorporated or the laws of those jurisdictions 
within which the corporation carries on its activities in 
furtherance of its purposes within the United States and 
its territories. 
‘‘§ 150412. Service of process 
‘‘With respect to service of process, the corporation 
shall comply with the laws of the jurisdiction under which 
the corporation is incorporated and those jurisdictions 
within which the corporation carries on its activities in 
furtherance of its purposes within the United States and 
its territories.
‘‘§ 150413. Liability for acts of officers and agents 
‘‘The corporation shall be liable for the acts of the 
officers and agents of the corporation when such individ-
uals act within the scope of their authority. 
‘‘§ 150414. Failure to comply with requirements 
‘‘If the corporation fails to comply with any of the 
restrictions or provisions of this chapter, including the re-
quirement under section 150410 of this title to maintain 
its status as an organization exempt from taxation, the 
charter granted by this chapter shall expire. 
‘‘§ 150415. Annual report 
‘‘(a) IN GENERAL.—The corporation shall report an-
nually to Congress concerning the activities of the corpora-
tion during the preceding fiscal year. 
‘‘(b) SUBMITTAL DATE.—Each annual report under 
this section shall be submitted at the same time as the 
report of the audit of the corporation required by section 
10101(b) of this title. 
‘‘(c) REPORT NOT PUBLIC DOCUMENT.—No annual 
report under this section shall be printed as a public docu-
ment.’’. 
(b) CLERICAL AMENDMENT.—The table of chapters 
at the beginning of subtitle II of title 36, United States
Code, is amended by insert after the item relating to chap-
ter 1503 the following new item:
‘‘1504. National American Indian Veterans, Incorporated ......................150401’’.
Æ