I 

109TH CONGRESS 

1ST SESSION H. R. 3476

To grant a Federal charter to Korean War Veterans Association, 

Incorporated. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 27, 2005

Mr. HOYER introduced the following bill; which was referred to the Committee 

on the Judiciary 

A BILL

To grant a Federal charter to Korean War Veterans 

Association, Incorporated.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. GRANT OF FEDERAL CHARTER TO KOREAN 

4 WAR VETERANS ASSOCIATION, INCOR5 PORATED. 

6 (a) GRANT OF CHARTER.—Part B of subtitle II of 

7 title 36, United States Code, is amended—

8 (1) by striking the following: 

9 ‘‘CHAPTER 1201—[RESERVED]’’; 

10 and 
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1 (2) by inserting after chapter 1103 the fol2 lowing new chapter: 

3 ‘‘CHAPTER 1201—KOREAN WAR VETERANS 

4 ASSOCIATION, INCORPORATED

‘‘Sec. 

‘‘120101. Organization. 

‘‘120102. Purposes. 

‘‘120103. Membership. 

‘‘120104. Governing body. 

‘‘120105. Powers. 

‘‘120106. Restrictions. 

‘‘120107. Tax-exempt status required as condition of charter. 

‘‘120108. Records and inspection. 

‘‘120109. Service of process. 

‘‘120110. Liability for acts of officers and agents. 

‘‘120111. Annual report. 

‘‘120112. Definition.

5 ‘‘§ 120101. Organization 

6 ‘‘(a) FEDERAL CHARTER.—Korean War Veterans 

7 Association, Incorporated (in this chapter, the ‘corpora8 tion’), a nonprofit organization that meets the require9 ments for a veterans service organization under section 

10 501(c)(19) of the Internal Revenue Code of 1986 and that 

11 is organized under the laws of the State of New York, 

12 is a federally chartered corporation. 

13 ‘‘(b) EXPIRATION OF CHARTER.—If the corporation 

14 does not comply with the provisions of this chapter, the 

15 charter granted by subsection (a) expires. 

16 ‘‘§ 120102. Purposes 

17 ‘‘The purposes of the corporation are those provided 

18 in its articles of incorporation and shall include the fol19 lowing: 
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1 ‘‘(1) Organize as a veterans service organization 

2 in order to maintain a continuing interest in the wel3 fare of veterans of the Korean War, and rehabilita4 tion of the disabled veterans of the Korean War to 

5 include all that served during active hostilities and 

6 subsequently in defense of the Republic of Korea, 

7 and their families. 

8 ‘‘(2) To establish facilities for the assistance of 

9 all veterans and to represent them in their claims 

10 before the Department of Veterans Affairs and other 

11 organizations without charge. 

12 ‘‘(3) To perpetuate and preserve the comrade13 ship and friendships born on the field of battle and 

14 nurtured by the common experience of service to our 

15 nation during the time of war and peace. 

16 ‘‘(4) To honor the memory of those men and 

17 women who gave their lives that a free America and 

18 a free world might live by the creation of living me19 morial, monuments, and other forms of additional 

20 educational, cultural, and recreational facilities. 

21 ‘‘(5) To preserve for ourselves and our posterity 

22 the great and basic truths and enduring principles 

23 upon which this nation was founded. 
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1 ‘‘§ 120103. Membership 

2 ‘‘Eligibility for membership in the corporation, and 

3 the rights and privileges of members of the corporation, 

4 are as provided in the bylaws of the corporation. 

5 ‘‘§ 120104. Governing body 

6 ‘‘(a) BOARD OF DIRECTORS.—The composition of the 

7 board of directors of the corporation, and the responsibil8 ities of the board, are as provided in the articles of incor9 poration of the corporation. 

10 ‘‘(b) OFFICERS.—The positions of officers of the cor11 poration, and the election of the officers, are as provided 

12 in the articles of incorporation. 

13 ‘‘§ 120105. Powers 

14 ‘‘The corporation has only those powers provided in 

15 its bylaws and articles of incorporation filed in each State 

16 in which it is incorporated. 

17 ‘‘§ 120106. Restrictions 

18 ‘‘(a) STOCK AND DIVIDENDS.—The corporation may 

19 not issue stock or declare or pay a dividend. 

20 ‘‘(b) POLITICAL ACTIVITIES.—The corporation, or a 

21 director or officer of the corporation as such, may not con22 tribute to, support, or participate in any political activity 

23 or in any manner attempt to influence legislation. 

24 ‘‘(c) LOAN.—The corporation may not make a loan 

25 to a director, officer, or employee of the corporation. 
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1 ‘‘(d) CLAIM OF GOVERNMENTAL APPROVAL OR AU2 THORITY.—The corporation may not claim congressional 

3 approval, or the authority of the United States, for any 

4 of its activities. 

5 ‘‘(e) CORPORATE STATUS.—The corporation shall 

6 maintain its status as a corporation incorporated under 

7 the laws of the State of New York. 

8 ‘‘§ 120107. Tax-exempt status required as condition of 

9 charter 

10 ‘‘If the corporation fails to maintain its status as an 

11 organization exempt from taxation under the Internal 

12 Revenue Code of 1986, the charter granted under this 

13 chapter shall terminate. 

14 ‘‘§ 120108. Records and inspection 

15 ‘‘(a) RECORDS.—The corporation shall keep—

16 ‘‘(1) correct and complete records of account; 

17 ‘‘(2) minutes of the proceedings of its members, 

18 board of directors, and committees having any of the 

19 authority of its board of directors; and 

20 ‘‘(3) at its principal office, a record of the 

21 names and addresses of its members entitled to vote 

22 on matters relating to the corporation. 

23 ‘‘(b) INSPECTION.—A member entitled to vote on 

24 matters relating to the corporation, or an agent or attor-
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1 ney of the member, may inspect the records of the cor2 poration for any proper purpose, at any reasonable time. 

3 ‘‘§ 120109. Service of process 

4 ‘‘The corporation shall have a designated agent in the 

5 District of Columbia to receive service of process for the 

6 corporation. Notice to or service on the agent is notice 

7 to or service on the Corporation. 

8 ‘‘§ 120110. Liability for acts of officers and agents 

9 ‘‘The corporation is liable for the acts of its officers 

10 and agents acting within the scope of their authority. 

11 ‘‘§ 120111. Annual report 

12 ‘‘The corporation shall submit to Congress an annual 

13 report on the activities of the corporation during the pre14 ceding fiscal year. The report shall be submitted at the 

15 same time as the report of the audit required by section 

16 10101 of this title. The report may not be printed as a 

17 public document. 

18 ‘‘§ 120112. Definition 

19 ‘‘For purposes of this chapter, the term ‘State’ in20 cludes the District of Columbia and the territories and 

21 possessions of the United States.’’. 

22 (b) CLERICAL AMENDMENT.—The item relating to 

23 chapter 1201 in the table of chapters at the beginning of 
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1 subtitle II of title 36, United States Code, is amended to 

2 read as follows: 

‘‘1201. Korean War Veterans Association, Incorporated .........................120101’’. 

Æ