II 

Calendar No. 347 

110TH CONGRESS 

1ST SESSION S. 1692 

To grant a Federal charter to Korean War Veterans Association, 

Incorporated. 

IN THE SENATE OF THE UNITED STATES 

JUNE 25, 2007 

Mr. CARDIN (for himself, Mr. BAYH, Mrs. CLINTON, Mr. ISAKSON, Mr. KENNEDY, Mr. KERRY, Mr. LAUTENBERG, Ms. MIKULSKI, Ms. MURKOWSKI, 

Mr. VITTER, Mr. STEVENS, and Mr. BIDEN) introduced the following bill; 

which was read twice and referred to the Committee on the Judiciary 

SEPTEMBER 7, 2007 

Reported by Mr. LEAHY, without amendment 

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, 


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1 SECTION 1. GRANT OF FEDERAL CHARTER TO KOREAN 

2 WAR VETERANS ASSOCIATION, INCOR3 PORATED. 

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

5 title 36, United States Code, is amended— 

6 (1) by striking the following: 

7 ‘‘CHAPTER 1201—[RESERVED]’’; 

8 and 

9 (2) by inserting after chapter 1103 the fol10 lowing new chapter: 

11 ‘‘CHAPTER 1201—KOREAN WAR VETERANS 

12 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. 

13 ‘‘§ 120101. Organization 

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

15 Association, Incorporated (in this chapter, the ‘corpora16 tion’), a nonprofit organization that meets the require17 ments for a veterans service organization under section 

18 501(c)(19) of the Internal Revenue Code of 1986 and that 


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

2 is a federally chartered corporation. 

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

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

5 charter granted by subsection (a) shall expire. 

6 ‘‘§ 120102. Purposes 

7 ‘‘The purposes of the corporation are those provided 

8 in the articles of incorporation of the corporation and shall 

9 include the following: 

10 ‘‘(1) To organize as a veterans service organiza11 tion in order to maintain a continuing interest in the 

12 welfare of veterans of the Korean War, and rehabili13 tation of the disabled veterans of the Korean War to 

14 include all that served during active hostilities and 

15 subsequently in defense of the Republic of Korea, 

16 and their families. 

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

18 all veterans and to represent them in their claims 

19 before the Department of Veterans Affairs and other 

20 organizations without charge. 

21 ‘‘(3) To perpetuate and preserve the comrade22 ship and friendships born on the field of battle and 

23 nurtured by the common experience of service to the 

24 United States during the time of war and peace. 


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1 ‘‘(4) To honor the memory of the men and 

2 women who gave their lives so that the United 

3 States and the world might be free and live by the 

4 creation of living memorial, monuments, and other 

5 forms of additional educational, cultural, and rec6 reational facilities. 

7 ‘‘(5) To preserve for the people of the United 

8 States and posterity of such people the great and 

9 basic truths and enduring principles upon which the 

10 United States was founded. 

11 ‘‘§ 120103. Membership 

12 ‘‘Eligibility for membership in the corporation, and 

13 the rights and privileges of members of the corporation, 

14 are as provided in the bylaws of the corporation. 

15 ‘‘§ 120104. Governing body 

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

17 board of directors of the corporation, and the responsibil18 ities of the board, are as provided in the articles of incor19 poration of the corporation. 

20 ‘‘(b) OFFICERS.—The positions of officers of the cor21 poration, and the election of the officers, are as provided 

22 in the articles of incorporation. 


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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 activity of the corporation. 

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. 


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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 the mem5 bers, board of directors, and committees of the cor6 poration having any of the authority of the board of 

7 directors of the corporation; and 

8 ‘‘(3) at the principal office of the corporation, 

9 a record of the names and addresses of the members 

10 of the corporation entitled to vote on matters relat11 ing to the corporation. 

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

13 matter relating to the corporation, or an agent or attorney 

14 of the member, may inspect the records of the corporation 

15 for any proper purpose, at any reasonable time. 

16 ‘‘§ 120109. Service of process 

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

18 District of Columbia to receive service of process for the 

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

20 to or service on the corporation. 

21 ‘‘§ 120110. Liability for acts of officers and agents 

22 ‘‘The corporation is liable for any act of any officer 

23 or agent of the corporation acting within the scope of the 

24 authority of the corporation. 


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1 ‘‘§ 120111. Annual report 

2 ‘‘The corporation shall submit to Congress an annual 

3 report on the activities of the corporation during the pre4 ceding fiscal year. The report shall be submitted at the 

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

6 10101(b) of this title. The report may not be printed as 

7 a public document. 

8 ‘‘§ 120112. Definition 

9 ‘‘For purposes of this chapter, the term ‘State’ in10 cludes the District of Columbia and the territories and 

11 possessions of the United States.’’. 

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

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

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

15 read as follows: 

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


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Calendar No. 347 

110TH CONGRESS 

1ST SESSION S. 1692 

A BILL 

To grant a Federal charter to Korean War 

Veterans Association, Incorporated. 

SEPTEMBER 7, 2007 

Reported without amendment 


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