I

107TH CONGRESS

1ST SESSION H. R. 952

To grant a Federal charter to Korean War Veterans Association,

Incorporated.

IN THE HOUSE OF REPRESENTATIVES

MARCH 8, 2001

Mr. HOYER (for himself, Mr. EHRLICH, Mr. MEEHAN, Mr. SHIMKUS, Mr.

BOUCHER, Mr. REYES, and Mr. WALSH) 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
2

•HR 952 IH

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 corporation organized under the laws

9 of the State of New York, is a federally chartered corpora10 tion.

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

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

13 charter granted by subsection (a) expires.

14 ‘‘§ 120102. Purposes

15 ‘‘The purposes of the corporation are those provided

16 in its articles of incorporation and shall include the fol17 lowing:

18 ‘‘(1) Organizing, promoting, and maintaining

19 for benevolent and charitable purposes an associa-
3

•HR 952 IH

1 tion of persons who have seen honorable service in

2 the Armed Forces during the Korean War, and of

3 certain other persons.

4 ‘‘(2) Providing a means of contact and commu5 nication among members of the corporation.

6 ‘‘(3) Promoting the establishment of, and estab7 lishing, war and other memorials commemorative of

8 persons who served in the Armed Forces during the

9 Korean War.

10 ‘‘(4) Aiding needy members of the corporation,

11 their wives and children, and the widows and chil12 dren of persons who were members of the corpora13 tion at the time of their death.

14 ‘‘§ 120103. Membership

15 ‘‘Eligibility for membership in the corporation, and

16 the rights and privileges of members of the corporation,

17 are as provided in the bylaws of the corporation.

18 ‘‘§ 120104. Governing body

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

20 board of directors of the corporation, and the responsibil21 ities of the board, are as provided in the articles of incor22 poration of the corporation.

23 ‘‘(b) OFFICERS.—The positions of officers of the cor24 poration, and the election of the officers, are as provided

25 in the articles of incorporation.
4

•HR 952 IH

1 ‘‘§ 120105. Powers

2 ‘‘The corporation has only those powers provided in

3 its bylaws and articles of incorporation filed in each State

4 in which it is incorporated.

5 ‘‘§ 120106. Restrictions

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

7 not issue stock or declare or pay a dividend.

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

9 director or officer of the corporation as such, may not con10 tribute to, support, or participate in any political activity

11 or in any manner attempt to influence legislation.

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

13 to a director, officer, or employee of the corporation.

14 ‘‘(d) CLAIM OF GOVERNMENTAL APPROVAL OR AU15 THORITY.—The corporation may not claim congressional

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

17 of its activities.

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

19 maintain its status as a corporation incorporated under

20 the laws of the State of New York.

21 ‘‘§ 120107. Tax-exempt status required as condition of

22 charter

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

24 organization exempt from taxation under the Internal

25 Revenue Code of 1986, the charter granted under this

26 chapter shall terminate.
5

•HR 952 IH

1 ‘‘§ 120108. Records and inspection

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

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

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

5 board of directors, and committees having any of the

6 authority of its board of directors; and

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

8 names and addresses of its members entitled to vote

9 on matters relating to the corporation.

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

11 matters relating to the corporation, or an agent or attor12 ney of the member, may inspect the records of the cor13 poration for any proper purpose, at any reasonable time.

14 ‘‘§ 120109. Service of process

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

16 District of Columbia to receive service of process for the

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

18 to or service on the Corporation.

19 ‘‘§ 120110. Liability for acts of officers and agents

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

21 and agents acting within the scope of their authority.

22 ‘‘§ 120111. Annual report

23 ‘‘The corporation shall submit to Congress an annual

24 report on the activities of the corporation during the pre25 ceding fiscal year. The report shall be submitted at the

26 same time as the report of the audit required by section
6

•HR 952 IH

1 10101 of this title. The report may not be printed as a

2 public document.

3 ‘‘§ 120112. Definition

4 ‘‘For purposes of this chapter, the term ‘State’ in5 cludes the District of Columbia and the territories and

6 possessions of the United States.’’.

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

8 chapter 1201 in the table of chapters at the beginning of

9 subtitle II of title 36, United States Code, is amended to

10 read as follows:

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

Æ