[Congressional Record (Bound Edition), Volume 155 (2009), Part 17]
[Senate]
[Pages 22673-22674]
[From the U.S. Government Publishing Office, www.gpo.gov]




  GRANTING A FEDERAL CHARTER TO THE MILITARY OFFICERS ASSOCIATION OF 
                                AMERICA

  Mr. REID. Mr. President, I ask unanimous consent that the Judiciary 
Committee be discharged from further consideration of S. 832, and that 
the Senate proceed to its immediate consideration.
  The PRESIDING OFFICER. Without objection, it is so ordered.

[[Page 22674]]

  The clerk will report.
  The legislative clerk read as follows:

       A 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.

  There being no objection, the Senate proceed to consider the bill.
  Mr. REID. Mr. President, I ask unanimous consent that the bill be 
read the third time and passed, the motion to reconsider be laid upon 
the table, and if there are statements, I ask that they be printed in 
the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 832) was ordered to be engrossed for a third reading, 
was read the third time, and passed, 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 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:

 140401''.litary Officers Association of America..................

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