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Public Law 105-231
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105th Congress
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An Act
To grant a Federal charter to the American GI Forum of the United States.
<< NOTE: Aug. 13, 1998 - [S. 1759] >>
Be it enacted by the Senate and House of Representatives of the United States of America in Congress
<< NOTE: Texas. >> assembled,
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SECTION 1. << NOTE: 36 USC app. 5901. >>
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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.
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SEC. 2. << NOTE: 36 USC app. 5902. >> 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.
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SEC. 3. << NOTE: 36 USC app. 5903. >> 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 State 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 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 citizen 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.
[[Page 112 STAT. 1531]]
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SEC. 4. << NOTE: 36 USC app. 5904. >> 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.
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SEC. 5. << NOTE: 36 USC app. 5905. >> 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.
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SEC. 6. << NOTE: 36 USC app. 5906. >> 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.
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SEC. 7. << NOTE: 36 USC app. 5907. >> 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.
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SEC. 8. << NOTE: 36 USC app. 5908. >> 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.
[[Page 112 STAT. 1532]]
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SEC. 9. << NOTE: 36 USC app. 5909. >> 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.
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SEC. 10. << NOTE: 36 USC app. 5910. >> MAINTENANCE AND INSPECTION OF BOOKS AND RECORDS.
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(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.
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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:
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``(80) American GI Forum of the United States.''.
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SEC. 12. << NOTE: 36 USC app. 5911. >> ANNUAL REPORT.
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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.
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SEC. 13. << NOTE: 36 USC app. 5912 .>> RESERVATION OF RIGHT TO ALTER, AMEND, OR REPEAL CHARTER.
The right to alter, amend, or repeal this Act is expressly reserved to Congress.
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SEC. 14. << NOTE: 36 USC app. 5913. >> 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. << NOTE: 36 USC app. 5914. >> TERMINATION.
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The charter granted in this Act shall expire if the corporation fails to comply with any of the provisions of this Act.
[[Page 112 STAT. 1533]]
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SEC. 16. << NOTE: 36 USC app. 5915. >> DEFINITION OF STATE.
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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.
Approved August 13, 1998.
LEGISLATIVE HISTORY--S. 1759:
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CONGRESSIONAL RECORD, Vol. 144 (1998):
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July 31, considered and passed Senate.
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Aug. 3, considered and passed House.
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