A bill to recognize the organization known as the Non Commissioned Officers Association of the United States of America.
PL 100-281 (S.1397), enacted 04/06/1988

PUBLIC LAW 100-281—APR. 6, 1988 
102 STAT. 73 
Public Law 100-281 
' 
100th Congress 
An Act 
To recognize the organization known as the Non Commissioned Officers Association 
Apr. 6, 1988 
of the United States of America. 
[S. 1397] 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
Corporations. 
CHARTER 
SECTION 1. The Non Commissioned Officers Association of the 36 USC 4001. 
United States of America, Incorporated, a nonprofit corporation 
organized under the laws of the State of Texas, is recognized as such 
and is granted a Federal charter. 
POWERS 
SEC. 2. The Non Commissioned Officers Association of the United 
36 USC 4002. 
States of America, Incorporated, (hereinafter in this Act referred to 
as the "corporation") shall have only those powers granted to it 
through its bylaws and articles of incorporation filed in the State in 
which it is incorporated and subject to the laws of such State. 
OBJECTS AND PURPOSES OF CORPORATION 
SEC. 3. The objects and purposes of the corporation are those 
36 USC 4003. 
provided in its bylaws and articles of incorporation and shall 
include— 
(1) upholding and defending the Constitution of the United 
States; 
(2) promoting health, prosperity, and scholarship among its 
members and their dependents and survivors through benevo-
lent programs; 
(3) assisting veterans and their dependents and survivors 
through a service program established for that purpose; 
(4) improving conditions for service members, veterans and 
their dependents and survivors; and 
(5) fostering fraternal and social activities among its members 
in recognition that cooperative action is required for the fur-
therance of their common interests. 
SERVICE OF PROCESS 
SEC. 4. With respect to service of process, the corporation shall 
36 USC 4004. 
comply with the laws of the State in which it is incorporated and 
those States in which it carries on its activities in furtherance of its 
corporate purposes. 
MEMBERSHIP 
SEC. 5. Except as provided in section 8, eligibility for membership 
36 USC 4005. 
in the corporation and the rights and privileges of members of the 
102 STAT. 74 
PUBLIC LAW 100-281—APR. 6, 1988 
corporation shall be as provided in the constitution and bylaws of 
the corporation. 
BOARD OF DIRECTORS; COMPOSITION; RESPONSIBILITIES 
36 use 4006. 
SEC. 6. Except as provided in section 8, the composition of the 
board of directors of the corporation and the responsibilities of such 
board shall be as provided in the articles of incorporation of the 
corporation and in conformity with the laws of the State in which it 
is incorporated. 
OFFICERS OF CORPORATION 
36 use 4007. 
SEC. 7. Except as provided in section 8, the positions of officers of 
the corporation and the election of memlbers to such positions shall 
be as provided in the articles of incorporation of the corporation and 
in conformity with the laws of the State in which it is incorporated. 
NONDISCRIMINATION 
36 use 4008. 
SEC. 8. In establishing the conditions of membership in the cor-
poration and in determining the requirements for serving on the 
board of directors or as an officer of the corporation, the corporation 
may not discriminate on the basis of race, color, religion, sex, 
handicap, age, or national origin. 
RESTRICTIONS 
36 use 4009. 
SEC. 9. (a) No part of the income or assets of the corporation may 
inure to the benefit of any member, officer, or director of the 
corporation or be distributed to any such individual during the life 
of this charter. Nothing in this subsection shall be construed to 
prevent the payment of reasonable compensation to the officers of 
the corporation or reimbursement for actual necessary expenses in 
amounts approved by the board of directors. 
(b) The corporation may not make any loan to any officer, direc-
tor, or employee of the corporation. 
(c) The corporation shall have no power to issue any shares of 
stock nor to declare or pay any dividends. 
(d) The corporation shall not claim congressional approval or the 
authorization of the Federal Government for any of its activities by 
virtue of this Act. 
LIABILITY 
36 use 4010. 
SEC. 10. The corporation shall be liable for the acts of its officers 
and agents whenever such officers and agents have acted within the 
scope of their authority. 
BOOKS AND RECORDS; INSPECTION 
36use4011. 
SEC. 11. The corporation shall keep correct and complete.books 
and records of account and minutes of any proceeding of the cor-
poration involving any of its members, the board of directors, or any 
committee having authority under the board of directors. The cor-
poration shall keep, at its principal office, a record of the names and 
addresses of all members having the right to vote in any proceeding 
of the corporation. All books and records of such corporation may be 
inspected by any member having the right to vote in any corpora-
tion proceeding, or by any agent or attorney of such member, for 
PUBLIC LAW 100-281—APR. 6, 1988 
102 STAT. 75 
any proper purpose at any reasonable time. Nothing in this section 
shall be construed to contravene any applicable State law. 
AUDIT OF FINANCIAL TRANSACTIONS 
SEC. 12. The first section of the Act entitled "An Act to provide for 
audit of accounts of private corporations established under Federal 
law", approved August 30, 1964 (36 U.S.C. 1101), is amended by 
adding at the end thereof the following: 
"The Non Commissioned Officers Association of the United 
States of America, Incorporated.". 
ANNUAL REPORT 
SEC. 13. The corporation shall report annually to the Congress 
36 use 4012. 
concerning the activities of the corporation during the preceding 
fiscal year. Such annual report shall be submitted at the same time 
as the report of the audit required by section 2 of the Act referred to 
in section 12 of this Act. The report shall not be printed as a public 
document. 
RESERVATION OF RIGHT TO AMEND OR REPEAL CHARTER 
SEC. 14. The right to alter, amend, or repeal this Act is expressly 
36 USC 4013. 
reserved to the Congress. 
DEFINITION OF " S T A T E " 
SEC. 15. For purposes of this Act, the term "State" includes the 36 USC 4014. 
District of Columbia, the Commonwealth of Puerto Rico, the 
Commonwealth of the Northern Mariana Islands, and the territories 
and possessions of the United States. 
TAX-EXEMPT STATUS 
SEC. 16. The corporation shall maintain its status as an organiza- 
36 USC 4015. 
tion exempt from taxation as provided in the Internal Revenue Code 
of 1986. If the corporation fails to maintain such status, the charter 
granted by this Act shall expire. 
EXCLUSIVE RIGHT TO NAMES 
SEC. 17. The corporation shall have the sole and exclusive right to 36 USC 4016. 
use the names "The Non Commissioned Officers Association of the 
United States of America", "Non Commissioned Officers Association 
of the United States of America", "Non Commissioned Officers 
Association", and "NCOA", and such seals, emblems, and badges as 
the corporation may lawfully adopt. Nothing in this section may be 
construed to conflict or interfere with established or vested rights. 
102 STAT. 76 
PUBLIC LAW 100-281—APR. 6, 1988 
TERMINATION 
36 use 4017. 
SEC. 18. If the corporation shall fail to comply with any of the 
restrictions or provisions of this Act, the charter granted by this Act 
shall expire. 
Approved April 6, 1988. 
LEGISLATIVE HISTORY—S. 1397: 
HOUSE REPORTS: No. 100-522 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD: 
Vol. 133 (1987): Oct. 21, considered and passed Senate. 
Vol. 134 (1988): Mar. 21, considered and passed House, amended. 
Mar. 24, Senate concurred in House amendments.