I
105TH CONGRESS
2D SESSION
H. R. 3843
To grant a Federal charter to the American GI Forum of the United States.
IN THE HOUSE OF REPRESENTATIVES
MAY 12, 1998
Mr. RODRIGUEZ (for himself, Mr. BONILLA, Mr. REYES, Mr. REDMOND, Mr.
GUTIERREZ, Mr. DIAZ-BALART, Mr. HINOJOSA, Mr. BILBRAY, Mr.
ORTIZ, Mr. SKEEN, Mr. FILNER, Mr. HASTINGS of Washington, Mr.
BECERRA, Mr. PAUL, Mr. SERRANO, Mr. CALVERT, Mr. ENGEL, Ms.
SANCHEZ, Mr. EVANS, Mr. GONZALEZ, Mr. ROMERO-BARCELO´, Mr.
GREEN, Mr. MEEKS of New York, Mr. FROST, Mr. SCHUMER, Ms.
LOFGREN, Ms. KAPTUR, and Ms. ROYBAL-ALLARD) introduced the fol-
lowing bill; which was referred to the Committee on the Judiciary
A BILL
To grant a Federal charter to the American GI Forum
of the United States.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. RECOGNITION AND GRANT OF FEDERAL CHAR-
TER.
The American GI Forum of the United States, a non-
profit corporation organized under the laws of the State
of New Mexico, is recognized as such and granted a Fed-
eral 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 New Mexico and subject
to the laws of the State of New Mexico.
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 democ-
racy 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 op-
portunities, equal economic opportunities, equal jus-
tice 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 de-
partments, agencies, and other governmental units
of local and State governments and the Federal Gov-
ernment.
(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 knowl-
edge and appreciation by all United States citizens
of their cultural heritage and language.
SEC. 4. SERVICE OF PROCESS.
With respect to service of process, the corporation
shall comply with the laws of the State of New Mexico
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 privi-
leges 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 re-
sponsibilities of the board shall be as provided in the by-
laws and articles of incorporation of the corporation and
in conformity with the laws of the State of New Mexico.
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 con-
formity with the laws of the State of New Mexico.
SEC. 8. 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 may be construed to
prevent the payment of reasonable compensation to the
officers and employees of the corporation or reimburse-
ment for actual and necessary expenses in amounts ap-
proved by the board of directors.
(b) LOANS.—The corporation may not make any loan
to any member, officer, director, or employee of the cor-
poration.
(c) ISSUANCE OF STOCK AND PAYMENT OF DIVI-
DENDS.—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 Govern-
ment for any of its activities by virtue of this Act.
(e) CORPORATE
STATUS.—The corporation shall
maintain its status as a corporation organized and incor-
porated under the laws of the State of New Mexico.
(f) CORPORATE FUNCTION.—The corporation shall
function as an educational, patriotic, civic, historical, and
research organization under the laws of the State of New
Mexico.
(g) NONDISCRIMINATION.—In establishing the condi-
tions 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, dis-
ability, age, or national origin.
SEC. 9. LIABILITY.
The corporation shall be liable for the acts of its offi-
cers, directors, employees, and agents whenever such indi-
viduals act within the scope of their authority.
SEC. 10. MAINTENANCE AND INSPECTION OF BOOKS AND
RECORDS.
(a) BOOKS AND RECORDS OF ACCOUNT.—The cor-
poration 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 di-
rectors, 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 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:
‘‘(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 sub-
mitted on the same date as the report of the audit required
by reason of the amendment made in section 11. The an-
nual 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 ex-
pressly 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 Inter-
nal 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.
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 Is-
lands, and the territories and possessions of the United
States.
Æ