S. 1692

One Hundred Tenth Congress

of the

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Thursday, 

the third day of January, two thousand and eight 

An Act 

To grant a Federal charter to Korean War Veterans Association, Incorporated.

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. GRANT OF FEDERAL CHARTER TO KOREAN WAR VETERANS ASSOCIATION, INCORPORATED. 

(a) GRANT OF CHARTER.—Part B of subtitle II of title 36, United 

States Code, is amended—

(1) by striking the following: 

‘‘CHAPTER 1201—[RESERVED]’’; 

and 

(2) by inserting after chapter 1103 the following new 

chapter: 

‘‘CHAPTER 1201—KOREAN WAR VETERANS 

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.

‘‘§ 120101. Organization 

‘‘(a) FEDERAL CHARTER.—Korean War Veterans Association, 

Incorporated (in this chapter, the ‘corporation’), a nonprofit 

organization that meets the requirements for a veterans service 

organization under section 501(c)(19) of the Internal Revenue Code 

of 1986 and that is organized under the laws of the State of 

New York, is a federally chartered corporation. 

‘‘(b) EXPIRATION OF CHARTER.—If the corporation does not 

comply with the provisions of this chapter, the charter granted 

by subsection (a) shall expire. 
S. 1692—2

‘‘§ 120102. Purposes 

‘‘The purposes of the corporation are those provided in the 

articles of incorporation of the corporation and shall include the 

following: 

‘‘(1) To organize as a veterans service organization in order 

to maintain a continuing interest in the welfare of veterans 

of the Korean War, and rehabilitation of the disabled veterans 

of the Korean War to include all that served during active 

hostilities and subsequently in defense of the Republic of Korea, 

and their families. 

‘‘(2) To establish facilities for the assistance of all veterans 

and to represent them in their claims before the Department 

of Veterans Affairs and other organizations without charge. 

‘‘(3) To perpetuate and preserve the comradeship and 

friendships born on the field of battle and nurtured by the 

common experience of service to the United States during the 

time of war and peace. 

‘‘(4) To honor the memory of the men and women who 

gave their lives so that the United States and the world might 

be free and live by the creation of living memorial, monuments, 

and other forms of additional educational, cultural, and recreational facilities. 

‘‘(5) To preserve for the people of the United States and 

posterity of such people the great and basic truths and enduring 

principles upon which the United States was founded. 

‘‘§ 120103. Membership 

‘‘Eligibility for membership in the corporation, and the rights 

and privileges of members of the corporation, are as provided in 

the bylaws of the corporation. 

‘‘§ 120104. Governing body 

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

directors of the corporation, and the responsibilities of the board, 

are as provided in the articles of incorporation of the corporation. 

‘‘(b) OFFICERS.—The positions of officers of the corporation, 

and the election of the officers, are as provided in the articles 

of incorporation. 

‘‘§ 120105. Powers 

‘‘The corporation has only those powers provided in its bylaws 

and articles of incorporation filed in each State in which it is 

incorporated. 

‘‘§ 120106. Restrictions 

‘‘(a) STOCK AND DIVIDENDS.—The corporation may not issue 

stock or declare or pay a dividend. 

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

officer of the corporation as such, may not contribute to, support, 

or participate in any political activity or in any manner attempt 

to influence legislation. 

‘‘(c) LOAN.—The corporation may not make a loan to a director, 

officer, or employee of the corporation. 

‘‘(d) CLAIM OF GOVERNMENTAL APPROVAL OR AUTHORITY.—The 

corporation may not claim congressional approval, or the authority 

of the United States, for any activity of the corporation. 
S. 1692—3

‘‘(e) CORPORATE STATUS.—The corporation shall maintain its 

status as a corporation incorporated under the laws of the State 

of New York. 

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

‘‘If the corporation fails to maintain its status as an organization exempt from taxation under the Internal Revenue Code of 

1986, the charter granted under this chapter shall terminate. 

‘‘§ 120108. Records and inspection 

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

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

‘‘(2) minutes of the proceedings of the members, board 

of directors, and committees of the corporation having any 

of the authority of the board of directors of the corporation; 

and 

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

of the names and addresses of the members of the corporation 

entitled to vote on matters relating to the corporation. 

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

relating to the corporation, or an agent or attorney of the member, 

may inspect the records of the corporation for any proper purpose, 

at any reasonable time. 

‘‘§ 120109. Service of process 

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

of Columbia to receive service of process for the corporation. Notice 

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

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

‘‘The corporation is liable for any act of any officer or agent 

of the corporation acting within the scope of the authority of the 

corporation. 

‘‘§ 120111. Annual report 

‘‘The corporation shall submit to Congress an annual report 

on the activities of the corporation during the preceding fiscal 

year. The report shall be submitted at the same time as the report 

of the audit required by section 10101(b) of this title. The report 

may not be printed as a public document. 

‘‘§ 120112. Definition 

‘‘For purposes of this chapter, the term ‘State’ includes the 

District of Columbia and the territories and possessions of the 

United States.’’. (b) CLERICAL AMENDMENT.—The item relating to chapter 1201 

in the table of chapters at the beginning of subtitle II of title 

36, United States Code, is amended to read as follows:
S. 1692—4

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

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.