PUBLIC LAW 111–95—NOV. 6, 2009 123 STAT. 3001 

Public Law 111–95 

111th Congress 

An Act 

To amend title 36, United States Code, to grant a Federal charter to the Military 

Officers Association of America, and for other purposes. 

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. 

‘‘§ 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. 

‘‘§ 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; 

Nov. 6, 2009 

[S. 832] 


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123 STAT. 3002 PUBLIC LAW 111–95—NOV. 6, 2009 

‘‘(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. 

‘‘§ 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. 

‘‘§ 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. 

‘‘§ 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. 

‘‘§ 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. 


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PUBLIC LAW 111–95—NOV. 6, 2009 123 STAT. 3003 

‘‘§ 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. 

‘‘§ 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. 

‘‘§ 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. 

‘‘§ 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. 

‘‘§ 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. 

‘‘§ 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 


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123 STAT. 3004 PUBLIC LAW 111–95—NOV. 6, 2009 

LEGISLATIVE HISTORY—S. 832: 

CONGRESSIONAL RECORD, Vol. 155 (2009): 

Sept. 24, considered and passed Senate. 

Oct. 27, considered and passed House. 

Æ 

by inserting after the item relating to chapter 1403 the following 

new item: 

‘‘1404. Military Officers Association of America .................................... 140401’’. 

Approved November 6, 2009. 


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