[Congressional Record Volume 151, Number 104 (Wednesday, July 27, 2005)]
[Senate]
[Pages S9184-S9185]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. Sarbanes (for himself, Ms. Mikulski, Mr. Biden, Mrs. 
        Clinton, Ms. Murkowski, Mrs. Murray, Mr. Wyden, Mr. Lautenberg, 
        Mr. Schumer, and Mr. Durbin):
  S. 1512. A bill to grant a Federal charter to Korean War Veterans 
Association, Incorporated; to the Committee on the Judiciary.
  Mr. SARBANES. Mr. President, today I am once again introducing 
legislation together with Senators Mikulski, Biden, Clinton, Murkowski, 
Murray, Wyden, Lautenberg, Schumer, and Durbin which would grant a 
Federal charter to the Korean War Veterans Association, Incorporated. 
This legislation, which has passed the Senate in each of the past three 
Congresses, recognizes the 5.7 million Americans who fought and served 
during the Korean War and honors their sacrifices on behalf of freedom 
and the principles and ideals of our Nation.
  Today marks the 52nd Anniversary of the signing of the Military 
Armistice Agreement which officially ended armed hostilities on the 
Korean Peninsula. By the time the fighting ended, 8,177 Americans were 
listed as missing or prisoners of war some of whom are still missing 
and more than 36,000 Americans had died. One hundred and thirty-one 
Korean War Veterans were awarded the Nation's highest commendation for 
combat bravery, the Medal of Honor. Ninety-four of these soldiers gave 
their lives in the process.
  When the North Korea People's Army swept across the 38th Parallel to 
occupy Seoul, South Korea in June of 1950, members of our Armed Forces 
including many from the State of Maryland immediately answered the call 
of the U.N. to repel this forceful invasion. Without hesitation, these 
soldiers traveled to an unfamiliar corner of the world to join an 
unprecedented multi-national force comprised of 22 countries, and 
risked their lives to protect freedom. The Americans who led this 
international effort were true patriots who fought with remarkable 
courage. In battles such as Pork Chop Hill, the Inchon Landing, and the 
frozen Chosin Reservoir, which was fought in temperatures as low as 
fifty-seven degrees below zero, they faced some of the most brutal 
combat in history.
  The sacrifices made by these brave individuals are well described by 
an engraving on the Korean War Veterans Memorial, which reads: 
``Freedom is not Free.'' Yet, as a Nation, we have done little more 
than establish this memorial to publicly acknowledge the bravery of 
those who fought in the Korean War. The Korean War has been termed by 
many as the ``Forgotten War.'' Freedom is not free. We owe our Korean 
War Veterans a debt of gratitude. Granting this Federal charter--at no 
cost to the government--is a small expression of appreciation that we 
as a Nation can offer to these men and women, one which will enable 
them to work as a unified front to ensure that the ``Forgotten War'' is 
forgotten no more.
  The Korean War Veterans Association was originally incorporated on 
June 25, 1985. Since its first annual reunion and memorial service in 
Arlington, VA, where its members decided to develop a national focus 
and strong commitment to service, the association has grown 
substantially to a membership of over 17,000. A Federal charter would 
allow the Association to continue to grow its mission and further its 
charitable and benevolent causes. Specifically, it will afford the 
Korean War Veterans' Association the same status as other major 
veterans' organizations and allow it to participate as part of select 
committees with other congressionally chartered veterans and military 
groups. A Federal charter will also accelerate the Association's 
``accreditation'' with the Department of Veterans Affairs which will 
enable its members to assist in processing veterans' claims.
  The Korean War Veterans have asked for very little in return for 
their service and sacrifice. I urge my colleagues to join me in 
supporting this legislation and ask that the text of the measure be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1512

       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

[[Page S9185]]

     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''.

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