[Congressional Record Volume 153, Number 103 (Monday, June 25, 2007)]
[Senate]
[Pages S8363-S8364]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CARDIN (for himself, Mr. Bayh, Mrs. Clinton, Mr. Isakson, 
        Mr. Kennedy, Mr. Kerry, Mr. Lautenberg, Ms. Mikulski, Ms. 
        Murkowski, and Mr. Vitter):
  S. 1692. A bill to grant a Federal charter to Korean War Veterans 
Association, Incorporated; to the Committee on the Judiciary.
  Mr. CARDIN. Mr. President, I rise today, on the 57th anniversary of 
the start of the Korean war, to introduce legislation to help honor 
American veterans who served our Nation during that war by granting a 
Federal charter to the Korean War Veterans Association, KWVA, a 
nonprofit fraternal veterans' organization. A companion measure is 
being introduced in the House by the distinguished majority leader, 
Steny Hoyer, and Representative Sam Johnson, who have led this effort 
in previous Congresses along with my predecessor, Senator Paul 
Sarbanes.
  The Korean war is sometimes referred to as the ``Forgotten War,'' 
because it has been overshadowed by World War II and the Vietnam war, 
and its importance has often been overlooked in American history. But 
for the nearly 1.2 million American veterans of the Korean war still 
alive today, the war is anything but forgotten. During the 3-year 
course of the war, some 5.7 million Americans were called to serve, 
under some of the most adverse and trying circumstances ever faced in 
wartime, for the cause of freedom. Alongside Korean and United Nations 
allies, our forces fought with extraordinary courage and valor. By the 
time the Korean Armistice Agreement was signed in July 1953, more than 
36,000 Americans had died, 103,284 had been wounded, 7,140 were 
captured, and 664 were missing.
  Granting a Federal charter to the Korean War Veterans Association 
would give our Nation an opportunity to honor veterans who served in 
that war, as well as those who have served subsequently in defense of 
the Republic of Korea. The KWVA is the only fraternal veterans' 
organization in the United States devoted exclusively to Korean war 
veterans and the only U.S. member of the International Federation of 
Korean War Veterans Associations.
  Incorporated in 1985, the 20,000-member charitable association is 
also one of the few veterans' service organizations in America that has 
not been recognized with a Federal charter. These veterans are a source 
of strength and pride for our country. While we cannot repay the debt 
we owe them for the sacrifices they made, we can and should acknowledge 
and commemorate their service and help the association to expand its 
mission and further its charitable and benevolent causes.
  This recognition for the KWVA is long overdue, and I am hopeful that 
this year, Congress will act swiftly to approve this measure. I urge my 
colleagues to join me in supporting this legislation.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1692

       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) shall expire.

     ``Sec. 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.

     ``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

[[Page S8364]]

     congressional approval, or the authority of the United 
     States, for any activity of the corporation.
       ``(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 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.

     ``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 any act of any officer or 
     agent of the corporation acting within the scope of the 
     authority of the corporation.

     ``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:

120101''.ean War Veterans Association, Incorporated..................

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