Sec. 1080. Federal charter for Spirit of America
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Part B of subtitle II of title 36, United States Code, is amended by inserting after chapter 2003 the following new chapter: Sec. 200501. Organization. 200502. Purposes. 200503. Powers. 200504. Duty to maintain tax-exempt status. 200505. Annual report. Spirit of America (in this chapter the corporation ), a nonprofit corporation, is a federally chartered corporation. If the corporation does not comply with the provisions of this chapter, the charter granted by this chapter expires.
Nothing in the charter granted by this chapter shall be construed as conferring special rights or privileges upon the corporation, or as placing upon the Department of Defense any obligation with respect to the corporation. The purposes of the corporation are as provided in its constitution and bylaws and include the following patriotic, charitable, and inspirational purposes: To respond to the needs of local populations abroad, as identified by members of the Armed Forces and diplomats of the United States abroad.
To provide privately-funded humanitarian, economic, and other nonlethal assistance to address such needs. To support the safety and success of members of the Armed Forces and diplomats of the United States abroad. To connect the people of the United States more closely to the members of the Armed Forces and diplomats of the United States abroad, and to the missions carried out by such personnel abroad. To demonstrate the goodwill of the people of the United States to peoples around the world.
The corporation may— adopt and amend a constitution, by-laws, and regulations to carry out the purposes of the corporation; adopt and alter a corporate seal; establish and maintain offices to conduct its activities; enter into contracts; acquire, own, lease, encumber, and transfer property as necessary and appropriate to carry out the purposes of the corporation; establish, regulate, and discontinue subordinate State and territorial subdivisions and local chapters or posts; publish a magazine and other publications (including through the Internet); sue and be sued; and do any other act necessary and proper to carry out the purposes of the corporation as provided in its constitution, by-laws, and regulations.
If the corporation fails to maintain its status as an organization exempt from taxation under the Internal Revenue Code of 1986, the charter granted under this chapter shall terminate. 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. . The table of chapters at the beginning of title 36, United States Code, and at the beginning of subtitle II of such title, are each amended by inserting after the item relating to chapter 2003 the following new item: 2005.
Spirit of America 200501. . The Department of Defense (including members of the Armed Forces) may, in the discretion of the Secretary of Defense and in accordance with guidance issued by the Secretary— accept from Spirit of America, a federally-chartered corporation under chapter 2005 of title 36, United States Code (as added by subsection (a)), humanitarian, economic, and other nonlethal assistance funded by private funds in the carrying out of the purposes of the corporation; and respond to requests from the corporation for the identification of the needs of local populations abroad for assistance, and coordinate with the corporation in the provision and distribution of such assistance, in the carrying out of such purposes.
In accordance with guidance issued by the Secretary, members of the Armed Forces abroad may provide to local populations abroad humanitarian, economic, and other nonlethal assistance provided to the Department by the corporation pursuant to this subsection. The guidance issued pursuant to this subsection shall ensure that any assistance distributed pursuant to this subsection shall be for purposes of supporting the mission or missions of the Department and the Armed Forces for which such assistance is provided by the corporation.
In accordance with guidance issued by the Secretary, the Department and the Armed Forces may— provide transportation, lodging, storage, and other logistical support— to personnel of the corporation (whether in the United States or abroad) who are carrying out the purposes of the corporation; and in connection with the acceptance and distribution of assistance provided by the corporation; and use assets of the Department and the Armed Forces in the provision of support described in subparagraph (A).