II 

109TH CONGRESS 

1ST SESSION S. 1512 

To grant a Federal charter to Korean War Veterans Association, 

Incorporated. 

IN THE SENATE OF THE UNITED STATES 

JULY 27, 2005 

Mr. SARBANES (for himself, Ms. MIKULSKI, Mr. BIDEN, Mrs. CLINTON, Ms. 

MURKOWSKI, Mrs. MURRAY, Mr. WYDEN, Mr. LAUTENBERG, Mr. SCHUMER, and Mr. DURBIN) introduced the following bill; which was read 

twice and 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: 
2

•S 1512 IS 

1 ‘‘CHAPTER 1201—[RESERVED]’’; 

2 and 

3 (2) by inserting after chapter 1103 the fol4 lowing new chapter: 

5 ‘‘CHAPTER 1201—KOREAN WAR VETERANS 

6 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.

7 ‘‘§ 120101. Organization 

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

9 Association, Incorporated (in this chapter, the ‘corpora10 tion’), a nonprofit organization that meets the require11 ments for a veterans service organization under section 

12 501(c)(19) of the Internal Revenue Code of 1986 and that 

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

14 is a federally chartered corporation. 

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

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

17 charter granted by subsection (a) expires. 
3

•S 1512 IS 

1 ‘‘§ 120102. Purposes 

2 ‘‘The purposes of the corporation are those provided 

3 in its articles of incorporation and shall include the fol4 lowing: 

5 ‘‘(1) Organize as a veterans service organization 

6 in order to maintain a continuing interest in the wel7 fare of veterans of the Korean War, and rehabilita8 tion of the disabled veterans of the Korean War to 

9 include all that served during active hostilities and 

10 subsequently in defense of the Republic of Korea, 

11 and their families. 

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

13 all veterans and to represent them in their claims 

14 before the Department of Veterans Affairs and other 

15 organizations without charge. 

16 ‘‘(3) To perpetuate and preserve the comrade17 ship and friendships born on the field of battle and 

18 nurtured by the common experience of service to our 

19 nation during the time of war and peace. 

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

21 women who gave their lives that a free America and 

22 a free world might live by the creation of living me23 morial, monuments, and other forms of additional 

24 educational, cultural, and recreational facilities. 
4

•S 1512 IS 

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

2 the great and basic truths and enduring principles 

3 upon which this nation was founded. 

4 ‘‘§ 120103. Membership 

5 ‘‘Eligibility for membership in the corporation, and 

6 the rights and privileges of members of the corporation, 

7 are as provided in the bylaws of the corporation. 

8 ‘‘§ 120104. Governing body 

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

10 board of directors of the corporation, and the responsibil11 ities of the board, are as provided in the articles of incor12 poration of the corporation. 

13 ‘‘(b) OFFICERS.—The positions of officers of the cor14 poration, and the election of the officers, are as provided 

15 in the articles of incorporation. 

16 ‘‘§ 120105. Powers 

17 ‘‘The corporation has only those powers provided in 

18 its bylaws and articles of incorporation filed in each State 

19 in which it is incorporated. 

20 ‘‘§ 120106. Restrictions 

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

22 not issue stock or declare or pay a dividend. 

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

24 director or officer of the corporation as such, may not con-
5

•S 1512 IS 

1 tribute to, support, or participate in any political activity 

2 or in any manner attempt to influence legislation. 

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

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

5 ‘‘(d) CLAIM OF GOVERNMENTAL APPROVAL OR AU6 THORITY.—The corporation may not claim congressional 

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

8 of its activities. 

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

10 maintain its status as a corporation incorporated under 

11 the laws of the State of New York. 

12 ‘‘§ 120107. Tax-exempt status required as condition of 

13 charter 

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

15 organization exempt from taxation under the Internal 

16 Revenue Code of 1986, the charter granted under this 

17 chapter shall terminate. 

18 ‘‘§ 120108. Records and inspection 

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

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

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

22 board of directors, and committees having any of the 

23 authority of its board of directors; and 
6

•S 1512 IS 

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

2 names and addresses of its members entitled to vote 

3 on matters relating to the corporation. 

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

5 matters relating to the corporation, or an agent or attor6 ney of the member, may inspect the records of the cor7 poration for any proper purpose, at any reasonable time. 

8 ‘‘§ 120109. Service of process 

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

10 District of Columbia to receive service of process for the 

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

12 to or service on the Corporation. 

13 ‘‘§ 120110. Liability for acts of officers and agents 

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

15 and agents acting within the scope of their authority. 

16 ‘‘§ 120111. Annual report 

17 ‘‘The corporation shall submit to Congress an annual 

18 report on the activities of the corporation during the pre19 ceding fiscal year. The report shall be submitted at the 

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

21 10101(b) of this title. The report may not be printed as 

22 a public document. 
7

•S 1512 IS 

1 ‘‘§ 120112. Definition 

2 ‘‘For purposes of this chapter, the term ‘State’ in3 cludes the District of Columbia and the territories and 

4 possessions of the United States.’’. 

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

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

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

8 read as follows:

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

Æ