[110th Congress Public Law 254]
[From the U.S. Government Printing Office]
[DOCID: f:publ254.110]
[[Page 122 STAT. 2419]]
Public Law 110-254
110th Congress
An Act
To grant a Federal charter to Korean War Veterans Association,
Incorporated. <<NOTE: June 30, 2008 - [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) <<NOTE: 36 USC 130101.>> by striking the following:
``CHAPTER 1201--[RESERVED]'';
and
(2) by <<NOTE: 36 USC 120101.>> 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.
[[Page 122 STAT. 2420]]
``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 congressional approval, or the authority of the United
States, for any activity of the corporation.
[[Page 122 STAT. 2421]]
``(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, <<NOTE: 36 USC 10101.>> is amended to read as follows:
[[Page 122 STAT. 2422]]
``1201. Korean War Veterans Association, Incorporated...... 120101''.
Approved June 30, 2008.
LEGISLATIVE HISTORY--S. 1692:
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CONGRESSIONAL RECORD:
Vol. 153 (2007):
Sept. 12, considered and passed
Senate.
Vol. 154 (2008):
June 17, considered and passed
House.
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