II 

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, 

and Mr. VITTER) 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: 


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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) shall expire. 


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1 ‘‘§ 120102. Purposes 

2 ‘‘The purposes of the corporation are those provided 

3 in the articles of incorporation of the corporation and shall 

4 include the following: 

5 ‘‘(1) To organize as a veterans service organiza6 tion in order to maintain a continuing interest in the 

7 welfare of veterans of the Korean War, and rehabili8 tation 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 the 

19 United States during the time of war and peace. 

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

21 women who gave their lives so that the United 

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

23 creation of living memorial, monuments, and other 

24 forms of additional educational, cultural, and rec25 reational facilities. 


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

2 States and posterity of such people the great and 

3 basic truths and enduring principles upon which the 

4 United States was founded. 

5 ‘‘§ 120103. Membership 

6 ‘‘Eligibility for membership in the corporation, and 

7 the rights and privileges of members of the corporation, 

8 are as provided in the bylaws of the corporation. 

9 ‘‘§ 120104. Governing body 

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

11 board of directors of the corporation, and the responsibil12 ities of the board, are as provided in the articles of incor13 poration of the corporation. 

14 ‘‘(b) OFFICERS.—The positions of officers of the cor15 poration, and the election of the officers, are as provided 

16 in the articles of incorporation. 

17 ‘‘§ 120105. Powers 

18 ‘‘The corporation has only those powers provided in 

19 its bylaws and articles of incorporation filed in each State 

20 in which it is incorporated. 

21 ‘‘§ 120106. Restrictions 

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

23 not issue stock or declare or pay a dividend. 

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

25 director or officer of the corporation as such, may not conVerDate Aug 31 2005 04:47 Jun 27, 2007 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1692.IS S1692

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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 activity of the corporation. 

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 the mem22 bers, board of directors, and committees of the cor23 poration having any of the authority of the board of 

24 directors of the corporation; and 


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

2 a record of the names and addresses of the members 

3 of the corporation entitled to vote on matters relat4 ing to the corporation. 

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

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

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

8 for any proper purpose, at any reasonable time. 

9 ‘‘§ 120109. Service of process 

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

11 District of Columbia to receive service of process for the 

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

13 to or service on the corporation. 

14 ‘‘§ 120110. Liability for acts of officers and agents 

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

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

17 authority of the corporation. 

18 ‘‘§ 120111. Annual report 

19 ‘‘The corporation shall submit to Congress an annual 

20 report on the activities of the corporation during the pre21 ceding fiscal year. The report shall be submitted at the 

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

23 10101(b) of this title. The report may not be printed as 

24 a public document. 


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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 


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