[Congressional Record Volume 155, Number 157 (Tuesday, October 27, 2009)]
[House]
[Pages H11826-H11827]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              {time}  1630
  GRANTING A FEDERAL CHARTER TO THE MILITARY OFFICERS ASSOCIATION OF 
                                AMERICA

  Mr. VAN HOLLEN. Madam Speaker, together with my colleague Walter 
Jones, I ask unanimous consent to take from the Speaker's table the 
bill (S. 832) to amend title 36, United States Code, to grant a Federal 
charter to the Military Officers Association of America, and for other 
purposes, and ask for its immediate consideration in the House.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Maryland?
  There was no objection.
  The text of the bill is as follows:

                                 S. 832

       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 MILITARY OFFICERS 
                   ASSOCIATION OF AMERICA.

       (a) Grant of Charter.--Part B of subtitle II of title 36, 
     United States Code, is amended by inserting after chapter 
     1403 the following new chapter:

        ``CHAPTER 1404--MILITARY OFFICERS ASSOCIATION OF AMERICA

``Sec.
``140401. Organization.
``140402. Purposes.
``140403. Membership.
``140404. Governing body.
``140405. Powers.
``140406. Restrictions.
``140407. Tax-exempt status required as condition of charter.
``140408. Records and inspection.
``140409. Service of process.
``140410. Liability for acts of officers and agents.
``140411. Annual report.
``140412. Definition.

     ``Sec. 140401. Organization

       ``(a) Federal Charter.--Military Officers Association of 
     America (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 is organized under the laws of the 
     Commonwealth of Virginia, 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. 140402. Purposes

       ``(a) General.--The purposes of the corporation are as 
     provided in its bylaws and articles of incorporation and 
     include--
       ``(1) to inculcate and stimulate love of the United States 
     and the flag;
       ``(2) to defend the honor, integrity, and supremacy of the 
     Constitution of the United States and the United States 
     Government;
       ``(3) to advocate military forces adequate to the defense 
     of the United States;
       ``(4) to foster the integrity and prestige of the Armed 
     Forces;
       ``(5) to foster fraternal relations between all branches of 
     the various Armed Forces from which members are drawn;
       ``(6) to further the education of children of members of 
     the Armed Forces;
       ``(7) to aid members of the Armed Forces and their family 
     members and survivors in every proper and legitimate manner;
       ``(8) to present and support legislative proposals that 
     provide for the fair and equitable treatment of members of 
     the Armed Forces, including the National Guard and Reserves, 
     military retirees, family members, survivors, and veterans; 
     and
       ``(9) to encourage recruitment and appointment in the Armed 
     Forces.

     ``Sec. 140403. 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. 140404. 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 and 
     bylaws 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 and bylaws.

     ``Sec. 140405. 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. 140406. Restrictions

       ``(a) Stock and Dividends.--The corporation may not issue 
     stock or declare or pay a dividend.
       ``(b) Distribution of Income or Assets.--The income or 
     assets of the corporation may not inure to the benefit of, or 
     be distributed to, a director, officer, or member of the 
     corporation during the life of the charter granted by this 
     chapter. This subsection does not prevent the payment of 
     reasonable compensation to an officer or employee of the 
     corporation or reimbursement for actual necessary expenses in 
     amounts approved by the board of directors.
       ``(c) Loans.--The corporation may not make a loan to a 
     director, officer, employee, or member of the corporation.
       ``(d) Claim of Governmental Approval or Authority.--The 
     corporation may not claim congressional approval or the 
     authority of the United States Government for any of its 
     activities.
       ``(e) Corporate Status.--The corporation shall maintain its 
     status as a corporation incorporated under the laws of the 
     Commonwealth of Virginia.

     ``Sec. 140407. 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. 140408. 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

[[Page H11827]]

     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. 140409. Service of process

       ``The corporation shall comply with the law on service of 
     process of each State in which it is incorporated and each 
     State in which it carries on activities.

     ``Sec. 140410. 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. 140411. 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. 140412. Definition

       ``In this chapter, the term `State' includes the District 
     of Columbia and the territories and possessions of the United 
     States.''.
       (b) Clerical Amendment.--The table of chapters at the 
     beginning of subtitle II of title 36, United States Code, is 
     amended by inserting after the item relating to chapter 1403 
     the following new item:

  ``1404. Military Officers Association of America........... 140401''.

  Mr. VAN HOLLEN. Madam Speaker, I am proud to rise in support of S. 
832, a bill to grant a federal charter to the Military Officers 
Association of America. My colleague Walter Jones and I joined with 140 
cosponsors to introduce the House companion, H.R. 2017.
  S. 832 recognizes the dedication, service and accomplishments of 
military officers and their families, and the enduring contribution of 
MOAA to the military and veterans' communities, and the nation.
  I want to thank Senators Bill Nelson and Bob Corker for their hard 
work in helping successfully report the Senate bill.
  MOAA has been seeking a federal charter for 15 years. Despite 
bipartisan and bicameral support, the bill had never previously 
received a floor vote in either chamber.
  MOAA serves a membership of 370,000 active, reserve and retired 
officers and their spouses in every branch of the military.
  The variety of services MOAA provides includes:
  The MOAA Scholarship Fund, which provides interest-free loans and 
grants to students of military families;
  Supplemental health insurance; and
  Personalized career transition assistance services for members and 
spouses;
  The Military Officers Association has had a distinguished record of 
protecting and improving earned compensation and benefits for the 
entire military and veterans' community. Thanks to the support of 
Members of this Body and our colleagues in the Senate, MOAA has led 
efforts that resulted in enactment of major legislative accomplishments 
including:
  TRICARE for Life, landmark legislation that provides lifetime 
government-sponsored health coverage for military retirees and their 
family members;
  The Post-9/11 GI Bill, which provides cost-free education at any 
public college or university in the country for the current generation 
of Iraq and Afghanistan veterans;
  Elimination of a dollar-for-dollar offset to military retired pay for 
retirees with VA service-connected disabilities of 50% to 100%;
  Access to continuous TRICARE health coverage for currently serving 
National Guard and Reserve families and for reservists who qualify for 
reserve retirement but are not yet in receipt of reserve retired pay at 
age 60;
  Elimination of financial penalties for retired regular officers who 
pursue second careers in the Federal civil service; and
  Upgrades in compensation and transition services for severely wounded 
warriors, their families and the survivors of those who have made the 
ultimate sacrifice in defense of the nation.
  MOAA serves a vital role in helping inform and shape public policy on 
national defense matters and by ensuring that the needs of the entire 
active duty, National Guard and Reserves, military retirees, survivors, 
veterans and their family members are given voice in the public forum.
  I want to also congratulate MOAA for being recognized by ``The Hill'' 
newspaper for the third year in a row as the top advocacy organization 
representing veterans.
  MOAA has long tradition of servant-leadership to the entire military 
and veterans community. The Association provides a variety of services 
not only to its members but to military men and women of all ranks and 
to veterans.
  I am pleased to recommend a Federal Charter be granted to the 
Military Officers Association of America and ask for unanimous consent 
that S. 832 be passed.
  The bill was ordered to be read a third time, was read the third 
time, and passed, and a motion to reconsider was laid on the table.

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