S 1846 ISCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

S. 1846CommentsClose CommentsPermalink

To amend title 38, United States Code, to establish the National Veterans Support Foundation to carry out activities to support and supplement the mission of the Department of Veterans Affairs, and for other purposes.CommentsClose CommentsPermalink

IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink

November 10, 2011CommentsClose CommentsPermalink

Mr. BENNET introduced the following bill; which was read twice and referred to the Committee on Veterans’ AffairsCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To amend title 38, United States Code, to establish the National Veterans Support Foundation to carry out activities to support and supplement the mission of the Department of Veterans Affairs, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Nationwide Network of Support for Veterans and Their Families Act of 2011.’.CommentsClose CommentsPermalink

SEC. 2. NATIONAL VETERANS SUPPORT FOUNDATION.

(a) In General- Part V of title 38, United States Code, is amended by adding at the end the following new chapter:CommentsClose CommentsPermalink

‘CHAPTER 80--NATIONAL VETERANS SUPPORT FOUNDATION

‘CHAPTER 80--National Veterans Support Foundation

‘Sec.CommentsClose CommentsPermalink





‘8001. Definitions.CommentsClose CommentsPermalink





‘8002. Establishment and organization.CommentsClose CommentsPermalink





‘8003. Purposes.CommentsClose CommentsPermalink





‘8004. Board of directors.CommentsClose CommentsPermalink





‘8005. Officers and employees.CommentsClose CommentsPermalink





‘8006. Powers.CommentsClose CommentsPermalink





‘8007. Direct community reintegration support grant program.CommentsClose CommentsPermalink





‘8008. Limitations on grants.CommentsClose CommentsPermalink





‘8009. Principal office.CommentsClose CommentsPermalink





‘8010. Protection and uses of trademarks and trade names.CommentsClose CommentsPermalink





‘8011. Restriction on Federal funding.CommentsClose CommentsPermalink





‘8012. Service of process.CommentsClose CommentsPermalink





‘8013. Duty to maintain corporate and tax-exempt status.CommentsClose CommentsPermalink





‘8014. Civil action by Attorney General for equitable relief.CommentsClose CommentsPermalink





‘8015. Audits.CommentsClose CommentsPermalink





‘8016. Annual report.CommentsClose CommentsPermalink

‘Sec. 8001. Definitions

‘In this chapter:CommentsClose CommentsPermalink





‘(1) CORPORATION- The term ‘corporation’ means the National Veterans Support Foundation established under section 8002(a) of this title.CommentsClose CommentsPermalink





‘(2) VETERANS SERVICE ORGANIZATION- The term ‘veterans service organization’ means any organization recognized by the Secretary for the representation of veterans under section 5902 of this title.CommentsClose CommentsPermalink

‘Sec. 8002. Establishment and organization

‘(a) Establishment- There is established a National Veterans Support Foundation.CommentsClose CommentsPermalink





‘(b) Federal Charter- The corporation is a federally chartered corporation.CommentsClose CommentsPermalink





‘(c) Place of Incorporation and Domicile- The corporation shall be incorporated and domiciled in the District of Columbia or another nearby State, as determined by the board of directors of the corporation.CommentsClose CommentsPermalink





‘(d) Nonprofit Status- The corporation shall be a charitable and nonprofit corporation.CommentsClose CommentsPermalink





‘(e) Perpetual Existence- Except as otherwise provided, the corporation shall have perpetual existence.CommentsClose CommentsPermalink

‘Sec. 8003. Purposes

‘The purposes of the corporation are as follows:CommentsClose CommentsPermalink





‘(1) In consultation with the Secretary of Veterans Affairs, the Secretary of Defense, the Secretary of Labor, the Secretary of Homeland Security, the Director of the Office of Personnel Management, and other heads of relevant agencies--CommentsClose CommentsPermalink





‘(A) to analyze and organize resources that list and describe organizations, programs, events, and other activities that provide assistance specifically to veterans; andCommentsClose CommentsPermalink





‘(B) to help determine with which such organizations, programs, events, and activities combined private and governmental efforts would be most beneficial for veterans.CommentsClose CommentsPermalink





‘(2) To provide analytical support, map resources across the United States, and help align and scale resources that support veterans and their families.CommentsClose CommentsPermalink





‘(3) To encourage and promote participation by private organizations in--CommentsClose CommentsPermalink





‘(A) activities that serve and support veterans; andCommentsClose CommentsPermalink





‘(B) activities of veterans service organizations, faith-based organizations, and other charitable or nonprofit organizations that have a mission to provide assistance to veterans and their families.CommentsClose CommentsPermalink





‘(4) To encourage and promote communication between the Secretary of Veterans Affairs, the Secretary of Defense, the Secretary of Labor, the Secretary of Homeland Security, the Director of the Office of Personnel Management, private organizations, veterans service organizations, faith-based organizations, and other charitable or nonprofit organizations that have a mission to provide assistance to veterans and their families.CommentsClose CommentsPermalink





‘(5) To promote coordination of services, programs, events, and other activities provided by the secretaries and organizations described in paragraph (4), particularly with respect to coordination carried out in local communities.CommentsClose CommentsPermalink





‘(6) To encourage and promote private gifts of services and money and other property to support the services, programs, events, and activities described in paragraph (5).CommentsClose CommentsPermalink





‘(7) In consultation with the Secretary of Veterans Affairs, to undertake and support activities to improve the services and support available to veterans and their families.CommentsClose CommentsPermalink





‘(8) To refer and connect private organizations seeking to support veterans and their families to organizations that provide such support.CommentsClose CommentsPermalink





‘(9) To refer and connect organizations and communities seeking to support veterans and their families to Federal and private sector resources relevant to the provision of such support.CommentsClose CommentsPermalink





‘(10) To raise awareness regarding issues facing veterans and their families and to undertake such educational media campaigns as the board of directors of the corporation considers appropriate for the purposes described in this section, including national media outreach and local media outreach.CommentsClose CommentsPermalink

‘Sec. 8004. Board of directors

‘(a) In General- The corporation shall have a board of directors, which shall be the governing body of the corporation.CommentsClose CommentsPermalink





‘(b) Membership- (1) The board shall consist of 9 members--CommentsClose CommentsPermalink





‘(A) each of whom shall be a citizen of the United States;CommentsClose CommentsPermalink





‘(B) three of whom shall be knowledgeable or experienced in 1 or more fields directly relating to veterans health, veterans benefits, veterans employment, transition services for members of the Armed Forces separating from military service, veterans education, veterans homelessness, women veterans, or veterans-oriented community partnerships; andCommentsClose CommentsPermalink





‘(C) six of whom shall be leaders in the private sector with a strong interest in issues and services relating to veterans.CommentsClose CommentsPermalink





‘(2) To the extent practicable, the membership of the board shall represent diverse professional specialties.CommentsClose CommentsPermalink





‘(3) Status as a veteran shall not be a requirement for membership on the board.CommentsClose CommentsPermalink





‘(4) The Secretary of Veterans Affairs, the Secretary of Defense, the Secretary of Labor, the Secretary of Homeland Security, the Director of the Office of Personnel Management, and such other members as the President considers appropriate shall be ex officio, nonvoting members of the board.CommentsClose CommentsPermalink





‘(c) Initial Appointments- (1) Not later than 90 days after the date of the enactment of this chapter, the Secretary shall appoint the members of the board.CommentsClose CommentsPermalink





‘(2) In selecting individuals for appointment to the board, the Secretary shall consult with the following:CommentsClose CommentsPermalink





‘(A) The majority leader of the Senate concerning the appointment of one member.CommentsClose CommentsPermalink





‘(B) The President pro tempore of the Senate concerning the appointment of one member.CommentsClose CommentsPermalink





‘(C) The minority leader of the Senate concerning the appointment of one member.CommentsClose CommentsPermalink





‘(D) The Speaker of the House of Representatives concerning the appointment of one member.CommentsClose CommentsPermalink





‘(E) The majority leader of the House of Representatives concerning the appointment of one member.CommentsClose CommentsPermalink





‘(F) The minority leader of the House of Representatives concerning the appointment of one member.CommentsClose CommentsPermalink





‘(d) Period of Appointment- (1) A member of the board shall serve for a term of six years, except the members first appointed shall be appointed for staggered terms as the Secretary considers appropriate.CommentsClose CommentsPermalink





‘(2)(A) A vacancy on the board shall be filled within 60 days of the vacancy in the same manner in which the original appointment was made and shall be subject to any conditions which applied with respect to the original appointment.CommentsClose CommentsPermalink





‘(B) An individual chosen to fill a vacancy shall be appointed for the unexpired term of the member replaced.CommentsClose CommentsPermalink





‘(3) No individual may serve more than two consecutive terms as a member of the board.CommentsClose CommentsPermalink





‘(e) Chairperson- The chairperson shall be elected by the board from its members for a two-year term and shall not be limited in terms or service, other than as provided in subsection (d).CommentsClose CommentsPermalink





‘(f) Secretary of the Board- The first employee appointed by the board under section 8005 of this title shall be the secretary of the board, who shall be the chief operating officer of the corporation and shall be knowledgeable and experienced in matters related to veterans.CommentsClose CommentsPermalink





‘(g) Meetings- The board shall meet at the call of the chairperson and not less frequently than once each year. If a member misses three consecutive regularly scheduled meetings, that member may be removed from the board and the vacancy filled in accordance with subsection (d).CommentsClose CommentsPermalink





‘(h) Quorum- A majority of the current membership of the board shall constitute a quorum for the transaction of business.CommentsClose CommentsPermalink





‘(i) Reimbursement of Expenses- Members of the board shall serve without pay, but may be reimbursed for the actual and necessary travel and subsistence expenses incurred by them in the performance of the duties of the corporation, subject to the same limitations on reimbursement that are imposed upon employees of Federal agencies.CommentsClose CommentsPermalink

‘Sec. 8005. Officers and employees

‘(a) Appointment- The board of directors may appoint officers or employees, but only after the corporation has sufficient funds to pay for their services.CommentsClose CommentsPermalink





‘(b) Status and Compensation- (1) Officers and employees of the corporation--CommentsClose CommentsPermalink





‘(A) shall demonstrate exceptional knowledge in matters relating to the operation of a foundation, grant making, or the provision of services to veterans;CommentsClose CommentsPermalink





‘(B) shall not be considered employees of the United States Government;CommentsClose CommentsPermalink





‘(C) shall be appointed without regard to the provisions of title 5 governing appointments in the competitive service;CommentsClose CommentsPermalink





‘(D) may not receive a salary in excess of the annual rate of basic pay in effect for Level V of the Executive Schedule under section 5316 of title 5;CommentsClose CommentsPermalink





‘(E) may not be an employee of the Department or spouse or dependent relative of such an employee;CommentsClose CommentsPermalink





‘(F) may not be an office holder in a veterans service organization or the spouse or dependent relative of such an office holder; andCommentsClose CommentsPermalink





‘(G) may not personally or substantially participate in the consideration or determination by the corporation of any matter that would directly or predictably affect any financial interest of--CommentsClose CommentsPermalink





‘(i) the individual or a relative of the individual; andCommentsClose CommentsPermalink





‘(ii) any business organization, or other entity, of which the individual is an officer or employee, is negotiating for employment, or in which the individual has a financial interest.CommentsClose CommentsPermalink





‘(2) A member of the board of directors may not receive compensation for serving as an employee of the corporation.CommentsClose CommentsPermalink





‘(c) Policies Regarding Financial Conflicts of Interest and Ethical Standards- In establishing bylaws under section 8006 of this title, the board of directors shall provide for policies with regard to financial conflicts of interest and ethical standards for the acceptance, solicitation, and disposition of donations and grants to the corporation.CommentsClose CommentsPermalink

‘Sec. 8006. Powers

‘(a) In General- The corporation may--CommentsClose CommentsPermalink





‘(1) appoint employees;CommentsClose CommentsPermalink





‘(2) adopt a constitution and bylaws consistent with the purposes under section 8003 of this title; andCommentsClose CommentsPermalink





‘(3) undertake such other acts as may be necessary to carry out the provisions of this chapter.CommentsClose CommentsPermalink





‘(b) Seal- The corporation shall have an official seal selected by the board of directors which may be used as provided for in section 8010 of this title.CommentsClose CommentsPermalink





‘(c) Powers- The corporation may, in consultation with the Secretary, directly or by awarding of contracts or grants, carry out or support activities for the purposes described in section 8003 of this title.CommentsClose CommentsPermalink





‘(d) Treatment of Property- (1) For purposes of this chapter, an interest in real property shall be treated as including easements or other rights for preservation, conservation, protection, or enhancement by and for the public of natural scenic, historic, scientific, education, inspirational, or recreational resources.CommentsClose CommentsPermalink





‘(2) A gift, devise, or bequest may be accepted by the corporation even though it is encumbered, restricted, or subject to beneficial interests of private persons if any current or future interest therein is for the benefit of the corporation.CommentsClose CommentsPermalink

‘Sec. 8007. Direct community reintegration support grant program

‘(a) Establishment- The corporation shall establish a direct community reintegration support grant program to award grants to eligible entities to create or expand community-based programs that--CommentsClose CommentsPermalink





‘(1) contribute in a demonstrable manner to fostering the readjustment and successful reintegration of veterans into their geographic communities;CommentsClose CommentsPermalink





‘(2) expand the capacity within such communities to make direct services or supportive activities available in an ongoing and coordinated manner;CommentsClose CommentsPermalink





‘(3) engage and empower veterans; andCommentsClose CommentsPermalink





‘(4) establish and sustain close working relationships between one or more facilities administered by the Secretary and entities participating in such community-based programs.CommentsClose CommentsPermalink





‘(b) Eligible Entities- For purposes of subsection (a), an eligible entity is any entity that represents a geographic community that is--CommentsClose CommentsPermalink





‘(1) undertaking a strategic planning process concerning what services for veterans and military families are available to veterans and military families in such geographic community and how such services are made available to such veterans and families;CommentsClose CommentsPermalink





‘(2) mobilizing multiple partner organizations in the public and private sector;CommentsClose CommentsPermalink





‘(3) obtaining support from key stakeholders in the veterans and military community; andCommentsClose CommentsPermalink





‘(4) using Internet-based resources to facilitate a connection between veterans, military families, and the services described in paragraph (1).CommentsClose CommentsPermalink

‘Sec. 8008. Limitations on grants

‘A recipient of a grant awarded by the corporation to carry out a project, as a condition of such grant, may not receive during the one-year period beginning on the date on which such grant was awarded any amount from the Department of Veterans Affairs to carry out such project.CommentsClose CommentsPermalink

‘Sec. 8009. Principal office

‘The principal office of the corporation shall be in the District of Columbia or another nearby State, as determined by the board of directors of the corporation. However, the corporation may conduct business throughout the States, territories, and possessions of the United States.CommentsClose CommentsPermalink

‘Sec. 8010. Protection and uses of trademarks and trade names

‘(a) Trademarks of the National Veterans Support Foundation- Authorization for a contributor, or a supplier of goods or services, to use, in advertising regarding the contribution, good, or services, the trade name of the corporation, or any trademark, seal, symbol, insignia, or emblem of the corporation may be provided only by the corporation with the concurrence of the Secretary.CommentsClose CommentsPermalink





‘(b) Trademarks of the Department- Authorization for a contributor or supplier described in subsection (a) to use, in such advertising, the trade name of the Department, or any trademark, seal, symbol, insignia, or emblem of the Department, may be provided--CommentsClose CommentsPermalink





‘(1) by the Secretary; orCommentsClose CommentsPermalink





‘(2) by the corporation with the concurrence of the Secretary.CommentsClose CommentsPermalink

‘Sec. 8011. Restriction on Federal funding

‘The corporation may not accept any Federal funds.CommentsClose CommentsPermalink

‘Sec. 8012. Service of process

‘The corporation shall have a designated agent to receive service of process for the corporation. Notice to or service on the agent, or mailed to the business address of the agent, is notice to or service on the corporation.CommentsClose CommentsPermalink

‘Sec. 8013. 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 or another nearby State, as determined by the board of directors of the corporation.CommentsClose CommentsPermalink





‘(b) Tax-Exempt Status- The corporation shall maintain its status as an organization exempt from the Internal Revenue Code of 1986.CommentsClose CommentsPermalink

‘Sec. 8014. Civil action by Attorney General for equitable relief

‘The Attorney General may bring a civil action in the United States District Court for the District of Columbia for appropriate equitable relief if the corporation--CommentsClose CommentsPermalink





‘(1) engages or threatens to engage in any act, practice, or policy that is inconsistent with the purposes in section 8003 of this title; orCommentsClose CommentsPermalink





‘(2) refuses, fails, or neglects to carry out its obligations under this chapter or threatens to do so.CommentsClose CommentsPermalink

‘Sec. 8015. Audits

‘(a) General- The financial statements of the corporation shall be audited annually in accordance with generally accepted auditing standards by an independent certified public accountant or independent licensed public accountant, certified or licensed by a regulatory authority of a State or other political subdivision of the United States. The audit shall be conducted where the financial statements of the corporation normally are kept. The person conducting the audit shall be given access to--CommentsClose CommentsPermalink





‘(1) all records and property owned or used by the corporation necessary to facilitate the audit; andCommentsClose CommentsPermalink





‘(2) full facilities for verifying transactions with the balances or securities held by depositories, fiscal agents, and custodians.CommentsClose CommentsPermalink





‘(b) Report- (1) The corporation shall submit a report of the audit to Congress not later than six months after the close of the fiscal year for which the audit is made. The report shall describe the scope of the audit and include--CommentsClose CommentsPermalink





‘(A) statements necessary to present fairly the corporation’s assets, liabilities, and surplus or deficit, and an analysis of the changes in those amounts during the year;CommentsClose CommentsPermalink





‘(B) a statement in reasonable detail of the corporation’s income and expenses during the year including the results of any trading, manufacturing, publishing, or other commercial-type endeavor; andCommentsClose CommentsPermalink





‘(C) the independent auditor’s opinion of those statements.CommentsClose CommentsPermalink





‘(2) The report may not be printed as a public document.CommentsClose CommentsPermalink

‘Sec. 8016. Annual report

‘(a) In General- Each year, the corporation shall submit to Congress and the Secretary a report on the proceedings and activities of the corporation during the prior fiscal year.CommentsClose CommentsPermalink





‘(b) Submittal With Audit Reports- Each report submitted under subsection (a) for a fiscal year shall be submitted at the same time as the report of the audit required by section 8015 is submitted for the same fiscal year.’.CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of chapters at the beginning of part V of such title is amended by adding at the end the following new item:CommentsClose CommentsPermalink

8001’.CommentsClose CommentsPermalink