2232 112th CONGRESS
H. R. 2232
To amend title 36, United States Code, to grant
a Federal charter to the American Military Retirees Association, and for other
purposes.IN THE HOUSE OF REPRESENTATIVES
Mr. ROONEY introduced the following bill; which was referred
to the Committee on the Judiciary
amend title 36, United States Code, to grant a Federal charter to the American
Military Retirees Association, 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 AMERICAN MILITARY RETIREES ASSOCIATION.
(a) Grant of
Charter- Part B of subtitle II of title 36, United States Code, is amended by
inserting after chapter 1405 the following new chapter:
1406--AMERICAN MILITARY RETIREES ASSOCIATION
Tax-exempt status required as condition of charter.
Records and inspection.
`140609. Service of process.
Liability for acts of officers and agents.
`(a) Federal Charter- American Military Retirees
Association (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 State
of New York, is a federally chartered corporation.
of Charter- If the corporation does not comply with the provisions of this chapter,
the charter granted by subsection (a) shall expire.
`(a) General- The purposes of the corporation are as
provided in its bylaws and articles of incorporation and include--
`(1) encouraging military retirees to band together to protect earned benefits
by educating on benefits available; and
for the protection of earned benefits through active monitoring of legislation
in Congress and the policies and proposals of the Department of Defense and the
Department of Veterans Affairs.
`Sec. 140603. 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.
140604. 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.
`The corporation has only those powers provided
in its bylaws and articles of incorporation filed in each State in which it is
`Sec. 140606. Restrictions
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
`(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. 140607. 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.
140608. Records and inspection
`(a) Records- The corporation shall
`(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
`(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. 140609. Service
`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. 140610. Liability for acts of officers
`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.
140611. 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
`Sec. 140612. Definition
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 1405 the following
`1406. American Military Retirees Association