Grants a federal charter to the Korean War Veterans Association, Incorporated (a nonprofit corporation incorporated under the laws of New York).
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1512 Introduced in Senate (IS)]
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.
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.
``Sec. 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) expires.
``Sec. 120102. Purposes
``The purposes of the corporation are those provided in its
articles of incorporation and shall include the following:
``(1) 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 our nation during the time of
war and peace.
``(4) To honor the memory of those men and women who gave
their lives that a free America and a free world might live by
the creation of living memorial, monuments, and other forms of
additional educational, cultural, and recreational facilities.
``(5) To preserve for ourselves and our posterity the great
and basic truths and enduring principles upon which this nation
was founded.
``Sec. 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.
``Sec. 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.
``Sec. 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.
``Sec. 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 of its activities.
``(e) Corporate Status.--The corporation shall maintain its status
as a corporation incorporated under the laws of the State of New York.
``Sec. 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.
``Sec. 120108. Records and inspection
``(a) Records.--The corporation shall keep--
``(1) correct and complete records of account;
``(2) minutes of the proceedings of its members, board of
directors, and committees having any of the authority of its
board of directors; and
``(3) at its principal office, a record of the names and
addresses of its members entitled to vote on matters relating
to the corporation.
``(b) Inspection.--A member entitled to vote on matters 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.
``Sec. 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.
``Sec. 120110. Liability for acts of officers and agents
``The corporation is liable for the acts of its officers and agents
acting within the scope of their authority.
``Sec. 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.
``Sec. 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:
``1201. Korean War Veterans Association, Incorporated...... 120101''.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S9184)
Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S9184-9185)
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