The following named persons: Major General David M. Shoup, United States Marine Corps, Virginia; Joel T. Boone, Washington, District of Columbia; Samuel I. Parker, New Jersey; Nicholas Oresko, New Jersey; Luther Skaggs, Maryland; Rufus G. Herring, North Carolina; Nathan Gordon, Arkansas; Joseph J. McCarthy, Illinois; Pierpont M. Hamilton, California; Daniel W. Lee, Alabama; Walter D. Ehlers, California; David E. Hayden, California; William R. Huber, California; Robert S. Kennemore, California; Jackson C. Pharris, California; William J. Crawford, Colorado; Hugh C. Frazer, Washington, District of Columbia; Robert E. Galer, Washington, District of Columbia; Edouard V. M. Izac, Washington, District of Columbia; Leon W. Johnson, Washington, District of Columbia; Keith L. Ware, Washington, District of Columbia; John C. Latham, Connecticut; Homer L. Wise, Connecticut; Charles P. Murray, Georgia; Robert E. Gerstung, Illinois; Jake Allex Mandusich, Illinois; John L. Barkley, Kansas; Charles E. Kelly, Kentucky; John D. Bulkeley, Maryland; Justice M. Chambers, Maryland; Lawson P. Ramage, Washington, District of Columbia; Charles A. MacGillivary, Massachusetts; Everett P. Pope, Massachusetts; Russell E. Dunham, Missouri; Arthur J. Forrest, Missouri; M. Waldo Hatler, Missouri; Carl L. Sitter, North Carolina; Max Thompson, North Carolina; Francis X. Burke, New Jersey; Thomas J. Hudner, New Jersey; Samuel M. Sampler, New Jersey; Charles Henry Willey, New Hampshire; Frank L. Anders, North Dakota; Ernest Childers, Oklahoma; John R. Crews, Oklahoma; Jack C. Montgomery, Oklahoma; Robert D. Maxwell, Oregon; Gino J. Merli, Pennsylvania; Oscar Schmidt, Pennsylvania; Thomas Eadie, Rhode Island; Charles H. Coolidge, Tennessee; Carlton W. Barrett, Virginia; Raymond G. Davis, Virginia; Paul F. Foster, Virginia; James R. Hendrix, Virginia; John Mihalowski, Virginia; Louis H. Wilson, Virginia; Orville E. Bloch, Washington; Robert E. Bonney, Washington; Einar H. Ingman, Wisconsin; Herschel W. Williams, West Virginia; and their successors are created and declared to be a body corporate of the District of Columbia, where its legal domicile shall be by the name of the Congressional Medal of Honor Society of the United States of America (hereafter referred to as the “corporation”) and by such name shall be known and have perpetual succession and the powers, limitations, and restrictions herein contained.
(Pub. L. 85–642, §1, Aug. 14, 1958, 72 Stat. 597.)
This section is referred to in section 792 of this title.
A majority of the persons named in section 791 of this title are authorized to complete the organization of the corporation by the selection of officers and employees, the adoption, amendment, and revision of a constitution and bylaws not inconsistent with the provisions of this chapter and the doing of such other acts as may be necessary for such purpose.
(Pub. L. 85–642, §2, Aug. 14, 1958, 72 Stat. 597.)
The objects and purposes of the corporation are as follows:
(1) To form a bond of friendship and comradeship among all holders of the Congressional Medal of Honor.
(2) To protect, uphold, and preserve the dignity and honor of the medal at all times and on all occasions.
(3) To protect the name of the medal, and individual holders of the medal from exploitation.
(4) To provide appropriate aid to all persons to whom the medal has been awarded, their widows or their children.
(5) To serve our country in peace as we did in war.
(6) To inspire and stimulate our youth to become worthy citizens of our country.
(7) To foster and perpetuate Americanism.
(Pub. L. 85–642, §3, Aug. 14, 1958, 72 Stat. 598.)
The corporation shall have power—
(1) to sue and be sued, complain and defend in any court of competent jurisdiction;
(2) to adopt, alter, and use a corporate seal;
(3) to choose officers, managers, and agents as the business of the corporation may require;
(4) to charge and collect membership dues;
(5) to adopt, amend, apply, and alter a constitution and bylaws not inconsistent with the laws of the United States of America or any State in which the corporation is to operate, for the management of its property and the regulation of its affairs;
(6) to contract and be contracted with;
(7) to take and hold by lease, gift, purchase, grant, devise, bequest or otherwise any property real, personal, or mixed, necessary or convenient for attaining the objects of the corporation, subject, however, to applicable provisions of law of any State, (a) governing the amount or kind of real and personal property which may be held by, or, (b) otherwise limiting or controlling the ownership of real and personal property by, a corporation operating in such State;
(8) to transfer, lease, or convey real or personal property;
(9) to borrow money for the purposes of the corporation and issue bonds or other evidences of indebtedness therefor and secure the same by mortgage or pledge subject to applicable Federal or State laws; and
(10) to do any and all acts necessary and proper to carry out the purposes of the corporation.
(Pub. L. 85–642, §4, Aug. 14, 1958, 72 Stat. 598.)
(a) The principal office of the corporation shall be located in Washington, District of Columbia, or in such other place as may later be determined by the board of directors but the activities of the corporation shall not be confined to that place and may be conducted throughout the various Territories and possessions of the United States.
(b) The corporation shall have in the District of Columbia at all times a designated agent authorized to accept service and process for the corporation; and notice to or service upon such agent or mailed to the business address of such agent shall be deemed as service to or notice on the corporation.
(Pub. L. 85–642, §5, Aug. 14, 1958, 72 Stat. 598.)
Any person who has been awarded the Medal of Honor is eligible for membership in the society.
Honorary memberships shall not be granted.
Each member of the corporation shall have the right to one vote either in person or by proxy on each matter submitted to a vote at all meetings of the members of the corporation.
(Pub. L. 85–642, §6, Aug. 14, 1958, 72 Stat. 599.)
The governing body of the corporation is its board of directors which during the year 1958 will comprise the following: President, David M. Shoup; executive vice president, Joel T. Boone; secretary-treasurer, Samuel I. Parker; first regional vice president, Nicholas Oresko; second regional vice president, Luther Skaggs; third regional vice president, Rufus G. Herring; fourth regional vice president, Nathan Gordon; fifth regional vice president, Joseph J. McCarthy; sixth regional vice president, Pierpont M. Hamilton; who currently hold such offices in the Congressional Medal of Honor Society of the United States of America.
Thereafter the board of directors of the corporation shall consist of such number (not less than nine), shall be elected in such manner (including the filling of vacancies) and shall serve their terms as may be prescribed in the bylaws of the corporation.
The board of directors may exercise, or provide for the exercise of, the powers herein granted to the corporation, and each member of the board shall have one vote upon all matters determined, except that if the offices of secretary and treasurer are combined and are held by one person, he shall have only one vote as a member of the board of directors. The board shall meet at least annually. The president of the corporation shall act as chairman of the board.
(Pub. L. 85–642, §7, Aug. 14, 1958, 72 Stat. 599.)
The officers of the corporation shall consist of a president, executive vice president, secretary, treasurer, and six regional vice presidents as may be provided in the bylaws. The office of secretary may be combined with the office of treasurer and the combined offices may be held by one person.
The officers shall have such powers consistent with this charter, as may be determined by the bylaws.
The officers of the corporation shall be elected in such manner and have such terms and with such duties as may be prescribed in the bylaws of the corporation.
(Pub. L. 85–642, §8, Aug. 14, 1958, 72 Stat. 599.)
(a) No part of the income or assets of the corporation shall inure to any member, officer, or director as such, or be distributed to any of them during the life of the corporation or upon its dissolution or final liquidation, nor shall any member or private individual be liable for the obligations of the corporation. Nothing in this section, however, shall be construed to prevent—
(1) the payment of bona fide expenses of officers of the corporation in amounts approved by the board or 1 directors; or
(2) the payment of appropriate aid to persons to whom the Medal of Honor has been awarded, their widows or their children pursuant to the objects of the corporation.
(b) The corporation shall not make loans to its officers, directors, or employees. Any officer or director who votes for or assents to the making of a loan to an officer, director, or employee of the corporation and any officer who participates in the making of such loan shall be jointly and severally liable to the corporation for the amount of such loan until the payment thereof.
(Pub. L. 85–642, §9, Aug. 14, 1958, 72 Stat. 599.)
1 So in original. Probably should be “of”.
The corporation and its officers and directors as such shall not contribute to or participate in, directly or indirectly, local or national political activity or in any manner attempt to influence legislation.
(Pub. L. 85–642, §10, Aug. 14, 1958, 72 Stat. 600.)
The corporation shall be liable for the acts of its officers and agents when acting within the scope of their authority.
(Pub. L. 85–642, §11, Aug. 14, 1958, 72 Stat. 600.)
The corporation shall have no power to issue any shares of stock or declare or pay dividends.
(Pub. L. 85–642, §12, Aug. 14, 1958, 72 Stat. 600.)
The corporation shall keep correct and complete books and records of account. It shall also keep minutes of the proceedings of its membership and of the board of directors or committees having authority under the board of directors. It shall also keep at its principal office a record giving the names and addresses of its members, directors, and officers. All books and records of the corporation may be inspected by any member or his agent or attorney for any proper purpose at any reasonable time.
(Pub. L. 85–642, §13, Aug. 14, 1958, 72 Stat. 600.)
Section, Pub. L. 85–642, §14, Aug. 14, 1958, 72 Stat. 600, related to audit of financial transactions and report of such audit to Congress. See sections 1101 to 1103 of this title.
Upon final dissolution or liquidation of the corporation and after discharge or satisfaction of all outstanding obligations and liabilities the remaining assets of the corporation may be distributed in accordance with the determination of the board of directors of the corporation and in compliance with the bylaws of the corporation and all Federal and State laws applicable thereto.
(Pub. L. 85–642, §15, Aug. 14, 1958, 72 Stat. 600.)
The corporation may acquire the assets of the Congressional Medal of Honor Society of the United States, Incorporated, a body corporate organized under the laws of the State of New York, upon discharge or satisfactorily providing for the payment and discharge of all of the liabilities of such State corporation and upon complying with all the laws of the State of New York applicable thereto.
(Pub. L. 85–642, §16, Aug. 14, 1958, 72 Stat. 601.)
The right to alter, amend, or repeal this chapter is expressly reserved.
(Pub. L. 85–642, §17, Aug. 14, 1958, 72 Stat. 601.)