Sec. 1074. 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. Governing body. 200504. Powers. 200505. Restrictions. 200506. Records and inspection. 200507. Duty to maintain tax-exempt status. 200508. Quarterly 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: 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 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 board of directors is the governing body of the corporation. The powers, duties, and responsibilities of the board are as provided in the constitution and bylaws of the corporation. The number of directors is as provided in the constitution of the corporation. Their manner of selection (including the filling of vacancies) and their term of office are as provided in the constitution and bylaws.
The officers of the corporation are a chairman of the board of directors, a president, one or more vice presidents as provided in the constitution and bylaws, a secretary, a treasurer, and one or more assistant secretaries and assistant treasurers as provided in the constitution and bylaws. The manner of election, term of office, and duties of the officers are as provided in the constitution and bylaws. 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; do any other act necessary and proper to carry out the purposes of the corporation as provided in its constitution, by-laws, and regulations; and to do any other act necessary and proper to carry out the purposes stated in section 200502 of this title.
The corporation may not engage in business activity for profit unless the activity is substantially related to— the purposes stated in 200502 of this title; or raising funds to accomplish those purposes. The corporation may not issue stock or declare or pay a dividend. The corporation shall be nonpolitical and may not provide financial aid or assistance to, or otherwise promote the candidacy of, an individual seeking elective public office. A substantial part of the activities of the corporation may not involve carrying on propaganda or otherwise attempting to influence legislation.
The income or assets of the corporation may not inure to the benefit of a governor, officer, member, or employee or be distributed to any person during the life of the corporation or on its dissolution or final liquidation. This subsection does not prevent the payment of reasonable compensation to an officer, employee, or other person or reimbursement for actual necessary expenses in amounts approved by the board of directors. The corporation may not make a loan to a governor, officer, member or employee.
The corporation may not claim approval of Congress, of the authority of the United States, for any activity of the corporation. The corporation shall keep— correct and complete records of account; minutes of the proceedings of its members, board of governors, and committees having any of the authority of the corporation; and at its principal office, a record of the names and addresses of its members entitled to vote. A member, or an agent or attorney of a member, may inspect the records of the corporation for any proper purpose, at any reasonable time.
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 a quarterly report to Congress on the activities of the corporation during the prior fiscal year quarter. The report shall be submitted at the same time as the report of the audit required by section 10101 of this title. . The Secretary of Defense may, subject to the availability of appropriations for such purpose, and in accordance with guidance reviewed or issued under section 1088 of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ) and guidance issued by the Secretary developed with the concurrence of the Secretary of State and the Administrator of the United States Agency for International Development— accept from Spirit of America, a federally-charted corporation under chapter 2005 of title 36, United States Code (as added by subsection
(a)of this section), 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 of Defense developed with the concurrence of the Secretary of State and the Administrator of the United States Agency for International Development, 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 of Defense and the Armed Forces for which such assistance is provided by the corporation. In accordance with guidance issued by the Secretary of Defense, the Department of Defense and the Armed Forces may, subject to the availability of appropriations for such purpose— 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). 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 .
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Sec. 1074
Federal charter for Spirit of America
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