I 
110TH CONGRESS 
2D SESSION 
H. R. 5854 
To amend title 36, United States Code, to grant a Federal charter to the 
Military Officers Association of America, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 17, 2008 
Mr. VAN HOLLEN introduced the following bill; which was referred to the 
Committee on the Judiciary 
A BILL 
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 Representa-
tives 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. 
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‘‘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 Associa-
tion of America (in this chapter, the ‘corporation’), a non-
profit organization that meets the requirements for a vet-
erans 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 su-
premacy of the Constitution of the United States 
and the United States Government; 
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‘‘(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 pro-
posals that provide for the fair and equitable treat-
ment of members of the Armed Forces, including the 
National Guard and Reserves, military retirees, fam-
ily 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. 
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‘‘§ 140404. Governing body 
‘‘(a) BOARD OF DIRECTORS.—The composition of the 
board of directors of the corporation, and the responsibil-
ities of the board, are as provided in the articles of incor-
poration and bylaws of the corporation. 
‘‘(b) OFFICERS.—The positions of officers of the cor-
poration, 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 in-
come or assets of the corporation may not inure to the 
benefit of, or be distributed to, a director, officer, or mem-
ber of the corporation during the life of the charter grant-
ed by this chapter. This subsection does not prevent the 
payment of reasonable compensation to an officer or em-
ployee of the corporation or reimbursement for actual nec-
essary expenses in amounts approved by the board of di-
rectors. 
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‘‘(c) LOANS.—The corporation may not make a loan 
to a director, officer, employee, or member of the corpora-
tion. 
‘‘(d) CLAIM OF GOVERNMENTAL APPROVAL OR AU-
THORITY.—The corporation may not claim congressional 
approval or the authority of the United States Govern-
ment 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. 
‘‘§ 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 mem-
bers, board of directors, and committees of the cor-
poration 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 
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of the corporation entitled to vote on matters relat-
ing 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 pre-
ceding 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 Dis-
trict of Columbia and the territories and possessions of 
the United States.’’. 
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(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’’. 
Æ 
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