[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 392 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                 S. 392

    To grant a Federal charter to Korean War Veterans Association, 
                 Incorporated, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 27, 2001

 Mr. Sarbanes (for himself, Mr. Warner, Mrs. Murray, and Mr. Campbell) 
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, and for other purposes.

    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 the following:

     ``CHAPTER 1201--KOREAN WAR VETERANS ASSOCIATION, INCORPORATED

``Sec.
``120101. Organization.
``120102. Purposes.
``120103. Membership.
``120104. Governing body.
``120105. Powers.
``120106. Restrictions.
``120107. Duty to maintain corporate and tax-exempt status.
``120108. Records and inspection.
``120109. Service of process.
``120110. Liability for acts of officers and agents.
``120111. Annual report.
``Sec. 120101. Organization
    ``(a) Federal Charter.--Korean War Veterans Association, 
Incorporated (in this chapter, the `corporation'), incorporated in 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 as provided in its articles 
of incorporation and include--
            ``(1) organizing, promoting, and maintaining for benevolent 
        and charitable purposes an association of persons who have seen 
        honorable service in the Armed Forces during the Korean War, 
        and of certain other persons;
            ``(2) providing a means of contact and communication among 
        members of the corporation;
            ``(3) promoting the establishment of, and establishing, war 
        and other memorials commemorative of persons who served in the 
        Armed Forces during the Korean War; and
            ``(4) aiding needy members of the corporation, their wives 
        and children, and the widows and children of persons who were 
        members of the corporation at the time of their death.
``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 board of directors of the 
corporation, and the responsibilities of the board of directors, are as 
provided in the articles of incorporation of the corporation.
    ``(b) Officers.--The officers of the corporation, and the election 
of the officers of the corporation, are as provided in the articles of 
incorporation.
``Sec. 120105. Powers
    ``The corporation has only the 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.
``Sec. 120107. Duty to maintain corporate and tax-exempt status
    ``(a) Corporate Status.--The corporation shall maintain its status 
as a corporation incorporated under the laws of the State of New York.
    ``(b) Tax-Exempt Status.--The corporation shall maintain its status 
as an organization exempt from taxation under the Internal Revenue Code 
of 1986 (26 U.S.C. 1 et seq.).
``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 an annual report to Congress 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 of this title. The report may not be printed 
as a public document.''.
    (b) Clerical Amendment.--The table of chapters at the beginning of 
subtitle II of title 36, United States Code, is amended by striking the 
item relating to chapter 1201 and inserting the following new item:

``1201. Korean War Veterans Association, Incorporated.......  120101''.
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