[105th Congress Public Law 354]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ354.105]
[[Page 3237]]
PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS
[[Page 112 STAT. 3238]]
Public Law 105-354
105th Congress
An Act
To codify without substantive change laws related to Patriotic and
National Observances, Ceremonies, and Organizations <<NOTE: Nov. 3,
1998 - [S. 2524]>> and to improve the United States Code.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. TITLE 36, UNITED STATES CODE.
Title 36, United States Code, is amended as follows:
(1) In section 902, strike subsections (b) and (c) and
substitute the following:
``(b) Required Display.--The POW/MIA flag shall be displayed at the
locations specified in subsection (d) of this section on POW/MIA flag
display days. The display serves--
``(1) as the symbol of the Nation's concern and commitment
to achieving the fullest possible accounting of Americans who,
having been prisoners of war or missing in action, still remain
unaccounted for; and
``(2) as the symbol of the Nation's commitment to achieving
the fullest possible accounting for Americans who in the future
may become prisoners of war, missing in action, or otherwise
unaccounted for as a result of hostile action.
``(c) Days for Flag Display.--(1) For purposes of this section, POW/
MIA flag display days are the following:
``(A) Armed Forces Day, the third Saturday in May.
``(B) Memorial Day, the last Monday in May.
``(C) Flag Day, June 14.
``(D) Independence Day, July 4.
``(E) National POW/MIA Recognition Day.
``(F) Veterans Day, November 11.
``(2) In addition to the days specified in paragraph (1) of this
subsection, POW/MIA flag display days include--
``(A) in the case of display at medical centers of the
Department of Veterans Affairs (required by subsection (d)(7) of
this section), any day on which the flag of the United States is
displayed; and
``(B) in the case of display at United States Postal Service
post offices (required by subsection (d)(8) of this section),
the last business day before a day specified in paragraph (1)
that in any year is not itself a business day.
``(d) Locations for Flag Display.--The locations for the display of
the POW/MIA flag under subsection (b) of this section are the following:
``(1) The Capitol.
``(2) The White House.
[[Page 112 STAT. 3239]]
``(3) The Korean War Veterans Memorial and the Vietnam
Veterans Memorial.
``(4) Each national cemetery.
``(5) The buildings containing the official office of--
``(A) the Secretary of State;
``(B) the Secretary of Defense;
``(C) the Secretary of Veterans Affairs; and
``(D) the Director of the Selective Service System.
``(6) Each major military installation, as designated by the
Secretary of Defense.
``(7) Each medical center of the Department of Veterans
Affairs.
``(8) Each United States Postal Service post office.
``(e) Coordination With Other Display Requirement.--Display of the
POW/MIA flag at the Capitol pursuant to subsection (d)(1) of this
section is in addition to the display of that flag in the Rotunda of the
Capitol pursuant to Senate Concurrent Resolution 5 of the 101st
Congress, agreed to on February 22, 1989 (103 Stat. 2533).
``(f) Display To Be in a Manner Visible to the Public.--Display of
the POW/MIA flag pursuant to this section shall be in a manner designed
to ensure visibility to the public.
``(g) Limitation.--This section may not be construed or applied so
as to require any employee to report to work solely for the purpose of
providing for the display of the POW/MIA flag.''.
(2) In section 2102(b), strike ``designated personnel'' and
substitute ``personnel made available to the Commission''.
(3) In section 2501(2), insert ``solicit,'' before
``accept,''.
(4)(A) Insert after chapter 201 the following:
``CHAPTER 202--AIR FORCE SERGEANTS ASSOCIATION
``Sec.
``20201. Definition.
``20202. Organization.
``20203. Purposes.
``20204. Membership.
``20205. Governing body.
``20206. Powers.
``20207. Restrictions.
``20208. Duty to maintain corporate and tax-exempt status.
``20209. Records and inspection.
``20210. Service of process.
``20211. Liability for acts of officers and agents.
``20212. Annual report.
``Sec. 20201. Definition
``For purposes of this chapter, `State' includes the District of
Columbia and the territories and possessions of the United States.
``Sec. 20202. Organization
``(a) Federal Charter.--Air Force Sergeants Association (in this
chapter, the `corporation'), a nonprofit corporation incorporated in the
District of Columbia, is a federally chartered corporation.
``(b) Expiration of Charter.--If the corporation does not comply
with any provision of this chapter, the charter granted by this chapter
expires.
[[Page 112 STAT. 3240]]
``Sec. 20203. Purposes
``(a) General.--The purposes of the corporation are as provided in
its bylaws and articles of incorporation and include--
``(1) helping to maintain a highly dedicated and
professional corps of enlisted personnel within the United
States Air Force, including the United States Air Force Reserve,
and the Air National Guard;
``(2) supporting fair and equitable legislation and
Department of the Air Force policies and influencing by lawful
means departmental plans, programs, policies, and legislative
proposals that affect enlisted personnel of the Regular Air
Force, the Air Force Reserve, and the Air National Guard, its
retirees, and other veterans of enlisted service in the Air
Force;
``(3) actively publicizing the roles of enlisted personnel
in the United States Air Force;
``(4) participating in civil and military activities, youth
programs, and fundraising campaigns that benefit the United
States Air Force;
``(5) providing for the mutual welfare of members of the
corporation and their families;
``(6) assisting in recruiting for the United States Air
Force;
``(7) assembling together for social activities;
``(8) maintaining an adequate Air Force for our beloved
country;
``(9) fostering among the members of the corporation a
devotion to fellow airmen; and
``(10) serving the United States and the United States Air
Force loyally, and doing all else necessary to uphold and defend
the Constitution of the United States.
``(b) Corporate Function.--The corporation shall function as an
educational, patriotic, civic, historical, and research organization
under the laws of the District of Columbia.
``Sec. 20204. Membership
``(a) Eligibility.--Except as provided in this chapter, eligibility
for membership in the corporation and the rights and privileges of
members are as provided in the bylaws and articles of incorporation.
``(b) Nondiscrimination.--The terms of membership may not
discriminate on the basis of race, color, religion, sex, disability,
age, or national origin.
``Sec. 20205. Governing body
``(a) Board of Directors.--The board of directors and the
responsibilities of the board are as provided in the bylaws and articles
of incorporation.
``(b) Officers.--The officers and the election of officers are as
provided in the bylaws and articles of incorporation.
``(c) Nondiscrimination.--The requirements for serving as a director
or officer may not discriminate on the basis of race, color, religion,
sex, disability, age, or national origin.
``Sec. 20206. Powers
``The corporation has only the powers provided in its bylaws and
articles of incorporation filed in each State in which it is
incorporated.
[[Page 112 STAT. 3241]]
``Sec. 20207. Restrictions
``(a) Stock and Dividends.--The corporation may not issue stock or
declare or pay a dividend.
``(b) Distribution of Income or Assets.--The income or assets of the
corporation may not inure to the benefit of, or be distributed to, a
director, officer, or member during the life of the charter granted by
this chapter. This subsection does not prevent the payment of reasonable
compensation to an officer or employee or reimbursement for actual
necessary expenses in amounts approved by the board of directors.
``(c) Loans.--The corporation may not make a loan to a director,
officer, employee, or member.
``(d) Claim of Governmental Approval or Authority.--The corporation
may not claim congressional approval or the authority of the United
States Government for any of its activities.
``Sec. 20208. Duty to maintain corporate and tax-exempt status
``(a) Corporate Status.--The corporation shall maintain its status
as a corporation incorporated under the laws of the District of
Columbia.
``(b) Tax-Exempt Status.--The corporation shall maintain its status
as an organization exempt from taxation under the Internal Revenue Code
of 1986 (26 U.S.C. 1 et seq.).
``Sec. 20209. Records and inspection
``(a) Records.--The corporation shall keep--
``(1) correct and complete records of account;
``(2) minutes of the proceedings of its members, board of
directors, and committees having any of the authority of its
board of directors; and
``(3) at its principal office, a record of the names and
addresses of its members entitled to vote.
``(b) Inspection.--A member entitled to vote, or an agent or
attorney of the member, may inspect the records of the corporation for
any proper purpose, at any reasonable time.
``Sec. 20210. Service of process
``The corporation shall comply with the law on service of process of
each State in which it is incorporated and each State in which it
carries on activities.
``Sec. 20211. Liability for acts of officers and agents
``The corporation is liable for the acts of its officers and agents
acting within the scope of their authority.
``Sec. 20212. Annual report
``The corporation shall submit an annual report to Congress on the
activities of the corporation during the prior fiscal year. The report
shall be submitted at the same time as the report of the audit required
by section 10101 of this title. The report may not be printed as a
public document.''.
(B) In the table of chapters at the beginning of subtitle
II, insert after the item related to chapter 201:
``202. AIR FORCE SERGEANTS ASSOCIATION..........................20201''.
(5)(A) Insert after chapter 209 the following:
[[Page 112 STAT. 3242]]
``CHAPTER 210--AMERICAN GI FORUM OF THE UNITED STATES
``Sec.
``21001. Definition.
``21002. Organization.
``21003. Purposes.
``21004. Membership.
``21005. Governing body.
``21006. Powers.
``21007. Restrictions.
``21008. Duty to maintain corporate and tax-exempt status.
``21009. Records and inspection.
``21010. Service of process.
``21011. Liability for acts of officers and agents.
``21012. Annual report.
``Sec. 21001. Definition
``For purposes of this chapter, `State' includes the District of
Columbia and the territories and possessions of the United States.
``Sec. 21002. Organization
``(a) Federal Charter.--American GI Forum of the United States (in
this chapter, the `corporation'), a nonprofit corporation incorporated
in Texas, is a federally chartered corporation.
``(b) Expiration of Charter.--If the corporation does not comply
with any provision of this chapter, the charter granted by this chapter
expires.
``Sec. 21003. Purposes
``(a) General.--The purposes of the corporation are as provided in
its bylaws and articles of incorporation and include--
``(1) securing the blessing of American democracy at every
level of local, State, and national life for all United States
citizens;
``(2) upholding and defending the Constitution and the
United States flag;
``(3) fostering and perpetuating the principles of American
democracy based on religious and political freedom for the
individual and equal opportunity for all;
``(4) fostering and enlarging equal educational
opportunities, equal economic opportunities, equal justice under
the law, and equal political opportunities for all United States
citizens, regardless of race, color, religion, sex, or national
origin;
``(5) encouraging 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
United States Government;
``(6) combating 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; and
``(7) fostering and promoting the broader knowledge and
appreciation by all United States citizens of their cultural
heritage and language.
``(b) Corporate Function.--The corporation shall function as an
educational, patriotic, civic, historical, and research organization
under the laws of Texas.
[[Page 112 STAT. 3243]]
``Sec. 21004. Membership
``(a) Eligibility.--Except as provided in this chapter, eligibility
for membership in the corporation and the rights and privileges of
members are as provided in the bylaws and articles of incorporation.
``(b) Nondiscrimination.--The terms of membership may not
discriminate on the basis of race, color, religion, sex, disability,
age, or national origin.
``Sec. 21005. Governing body
``(a) Board of Directors.--The board of directors and the
responsibilities of the board are as provided in the bylaws and articles
of incorporation.
``(b) Officers.--The officers and the election of officers are as
provided in the bylaws and articles of incorporation.
``(c) Nondiscrimination.--The requirements for serving as a director
or officer may not discriminate on the basis of race, color, religion,
sex, disability, age, or national origin.
``Sec. 21006. Powers
``The corporation has only the powers provided in its bylaws and
articles of incorporation filed in each State in which it is
incorporated.
``Sec. 21007. Restrictions
``(a) Stock and Dividends.--The corporation may not issue stock or
declare or pay a dividend.
``(b) Distribution of Income or Assets.--The income or assets of the
corporation may not inure to the benefit of, or be distributed to, a
director, officer, or member during the life of the charter granted by
this chapter. This subsection does not prevent the payment of reasonable
compensation to an officer or employee or reimbursement for actual
necessary expenses in amounts approved by the board of directors.
``(c) Loans.--The corporation may not make a loan to a director,
officer, employee, or member.
``(d) Claim of Governmental Approval or Authority.--The corporation
may not claim congressional approval or the authority of the United
States Government for any of its activities.
``Sec. 21008. Duty to maintain corporate and tax-exempt status
``(a) Corporate Status.--The corporation shall maintain its status
as a corporation incorporated under the laws of Texas.
``(b) Tax-Exempt Status.--The corporation shall maintain its status
as an organization exempt from taxation under the Internal Revenue Code
of 1986 (26 U.S.C. 1 et seq.).
``Sec. 21009. Records and inspection
``(a) Records.--The corporation shall keep--
``(1) correct and complete records of account;
``(2) minutes of the proceedings of its members, board of
directors, and committees having any of the authority of its
board of directors; and
``(3) at its principal office, a record of the names and
addresses of its members entitled to vote.
[[Page 112 STAT. 3244]]
``(b) Inspection.--A member entitled to vote, or an agent or
attorney of the member, may inspect the records of the corporation for
any proper purpose, at any reasonable time.
``Sec. 21010. Service of process
``The corporation shall comply with the law on service of process of
each State in which it is incorporated and each State in which it
carries on activities.
``Sec. 21011. Liability for acts of officers and agents
``The corporation is liable for the acts of its officers and agents
acting within the scope of their authority.
``Sec. 21012. Annual report
``The corporation shall submit an annual report to Congress on the
activities of the corporation during the prior fiscal year. The report
shall be submitted at the same time as the report of the audit required
by section 10101 of this title. The report may not be printed as a
public document.''.
(B) In the table of chapters at the beginning of subtitle
II, insert after the item related to chapter 209:
``210. AMERICAN GI FORUM OF THE UNITED STATES...................21001''.
(6) In section 21703(1)(A)(iv), strike ``December 22, 1961''
and substitute ``February 28, 1961''.
(7) In section 70103(b), strike ``the State of ''.
(8) In section 151303, subsections (f) and (g) are amended
to read as follows:
``(f) Status.--Appointment to the board does not constitute
appointment as an officer or employee of the United States Government
for the purpose of any law of the United States.
``(g) Compensation.--Members of the board serve without
compensation.
``(h) Liability.--Members of the board are not personally liable,
except for gross negligence.''.
(9) In section 151305(b), strike ``the State of ''.
(10) In section 152903(8), strike ``Corporation'' and
substitute ``corporation''.
SEC. 2. TECHNICAL AMENDMENTS TO OTHER LAWS.
(a) The provisos in the paragraph under the heading ``American
Battle Monuments Commission'' in the Departments of Veterans Affairs and
Housing and Urban Development, and Independent Agencies Appropriations
Act, 1998 (Public Law 105-65, Oct. 27, 1997, 111 Stat. 1368, 36 App.
U.S.C. 121b, 122, and 122a) are repealed.
(b) Paragraph (3) of section 198(s) of the National and Community
Service Act of 1990 (42 U.S.C. 12653(s)(3)) is repealed.
(c) <<NOTE: Effective date.>> Effective August 12, 1998, Public Law
105-225 (Aug. 12, 1998, 112 Stat. 1253) is amended as follows:
(1) Section 4(b) <<NOTE: Ante, p. 1498.>> is amended by
striking ``2320(d)'' and substituting ``2320(e)''.
(2) Section 7(a) <<NOTE: Ante, p. 1511.>> , and the
amendment made by section 7(a), are repealed.
[[Page 112 STAT. 3245]]
SEC. 3. EFFECTIVE DATE.
The amendment made by section 1(8) of this Act shall take effect as
if included in the provisions of Public Law 105-225, as of the date of
enactment of Public Law 105-225.
SEC. 4. LEGISLATIVE PURPOSE AND CONSTRUCTION.
(a) No Substantive Change.--(1) Section 1 of this Act restates,
without substantive change, laws enacted before September 5, 1998, that
were replaced by section 1. Section 1 may not be construed as making a
substantive change in the laws replaced.
(2) Laws enacted after September 4, 1998, that are inconsistent with
this Act supersede this Act to the extent of the inconsistency.
(b) References.--A reference to a law replaced by this Act,
including a reference in a regulation, order, or other law, is deemed to
refer to the corresponding provision enacted by this Act.
(c) Continuing Effect.--An order, rule, or regulation in effect
under a law replaced by this Act continues in effect under the
corresponding provision enacted by this Act until repealed, amended, or
superseded.
(d) Actions and Offenses Under Prior Law.--An action taken or an
offense committed under a law replaced by this Act is deemed to have
been taken or committed under the corresponding provision enacted by
this Act.
(e) Inferences.--An inference of a legislative construction is not
to be drawn by reason of the location in the United States Code of a
provision enacted by this Act or by reason of a heading of the
provision.
(f) Severability.--If a provision enacted by this Act is held
invalid, all valid provisions that are severable from the invalid
provision remain in effect. If a provision enacted by this Act is held
invalid in any of its applications, the provision remains valid for all
valid applications that are severable from any of the invalid
applications.
SEC. 5. REPEALS.
(a) Inferences of Repeal.--The repeal of a law by this Act may not
be construed as a legislative inference that the provision was or was
not in effect before its repeal.
(b) Repealer Schedule.--The laws specified in the following schedule
are repealed, except for rights and duties that matured, penalties that
were incurred, and proceedings that were begun before the date of
enactment of this Act:
[[Page 112 STAT. 3246]]
Schedule of Laws Repealed
Statutes at Large
----------------------------------------------------------------------------------------------------------------
Statutes at Large U.S. Code
Date Chapter or Public Section -----------------------------------------------------
Law Volume Page Title Section
----------------------------------------------------------------------------------------------------------------
1997
Nov. 18 105-85.............. 1082, 1501-1516.... 111 1917, 1963......... 36 App. 189a, 1101,
5801-5815
Nov. 20 105-110............. ................... 111 2270............... 36 App. 45
1998
Aug. 7 105-220............. 413................ 112 1241............... 36 App. 155b
Aug. 13 105-231............. 1-16............... 112 1530............... 36 App. 1101, 5901-
5915
----------------------------------------------------------------------------------------------------------------
Approved November 3, 1998.
LEGISLATIVE HISTORY--S. 2524:
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CONGRESSIONAL RECORD, Vol. 144 (1998):
Oct. 8, considered and passed Senate.
Oct. 12, considered and passed House.
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