A bill to recognize the organization known as American Ex-Prisoners of War.
PL 97-234 (H.R.5380), enacted 08/10/1982

PUBLIC LAW 97-234—AUG. 10, 1982 
96 STAT. 261 
Public Law 97-234 
97th Congress 
An Act 
To recognize the organization known as American Ex-Prisoners of War. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
CHARTER 
Aug. 10, 1982 
[H.R. 5380] 
American Ex-
Prisoners of 
War. 
Charter. 
SECTION 1. American Ex-Prisoners of War, organized and incorpo- 36 USC 2101. 
rated under the Washington Nonprofit Corporation Act (Wash. Rev. 
Code Ann. 24.03.005) of the State of Washington by Charles Morgan, 
Junior, San Antonio, Texas; Edward Fisher, Fairhaven, Massachu-
setts; Charles Miller, La JoUa, California; C. Earl Derrington, Jack-
son, Mississippi; Edward Parks, Middleboro, Massachusetts; Henry 
Goodall, Houston, Texas; Stanley Sommers, Marshfield, Wisconsin; 
Edward Allen, N. Olmstead, Ohio; Irving Rittenberg, Brookline, 
Massachusetts; Edgar Van Valkenberg, Saint Petersburg, Florida; 
W. C. Musten, Winston-Salem, North Carolina; Clifford Omtvedt, 
Eau Claire, Wisconsin; Orlo Natvig, Charles City, Iowa; H. C. Grif-
fin, Houston, Texas; Milton Moore, El Paso, Texas; Marie Harre, 
Fairway, Kansas; Alfred Galloway, Seattle, Washington; Reginald 
Reed, Bremerton, Washington; Ralph Moulis, Tucson, Arizona; 
Betty Rodriquez, Albuquerque, New Mexico; Randall Briere, San 
Antonio, Texas; Joseph G. Schisser, San Leon, Texas; Herman 
Molen, Las Vegas, Nevada; Joseph B. Upton, Saint Louis, Missouri; 
Harold Page, Buckley, Washington; D. C. Wimberly, Springhill, 
Louisiana; Albert Braun, Phoenix, Arizona; Melvin Madero, San 
Diego, California; Tillman Rutledge, San Antonio, Texas; Benson 
Guyton, Decatur, Alabama; Frank Hawkins, Oklahoma City, Okla-
homa; Melvin Routt, Tracy, California; John Romine, Muskogee, 
Oklahoma; Christopher Morgan, Old Bridge, New Jersey; Allen 
Smith, Diana, Texas; and John G. Flynn, San Antonio, Texas, is 
hereby recognized as such and is granted a charter. 
POWERS 
SEC. 2. American Ex-Prisoners of War (hereafter 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 or States in which it is incorporated and subject to the 
laws of such State or States. 
36 USC 2102. 
OBJECTS AND PURPOSES OF CORPORATION 
SEC. 3. The objects and purposes of the corporation are those 
provided in its articles of incorporation and shall include— 
(1) encouragement of fraternity for the common good; 
(2) fostering patriotism and loyalty; 
(3) assistance to widows and orphans of deceased ex-prisoners 
of war; 
36 USC 2103. 
96 STAT. 262 
PUBLIC LAW 97-234—AUG. 10, 1982 
(4) assistance to ex-prisoners of war who have been injured or 
handicapped as a result of their service; 
(5) maintenance of allegiance to the United States of America; 
(6) preservation and defense of the United States from all of 
her enemies; and 
(7) maintenance of historical records. 
SERVICE OF PROCESS 
36 use 2104. 
SEC. 4. With respect to service of process, the corporation shall 
comply with the laws of the States in which it is incorporated and 
those States in which it carries on its activities in furtherance of its 
corporate purposes. 
MEMBERSHIP 
36 use 2105. 
SEC. 5. Eligibility for membership in the corporation and the 
rights and privileges of members shall be as provided in the bylaws 
of the corporation. 
BOARD OF DIRECTORS; COMPOSITION; RESPONSIBILITIES 
36 use 2106. 
SEC 6. The board of directors of the corporation and the responsi-
bilities thereof shall be as provided in the articles of incorporation of 
the corporation and in conformity with the laws of the State or 
States in which it is incorporated. 
OFFICERS OF CORPORATION 
36 use 2107. 
SEC. 7. The officers of the corporation, and the election of such 
officers shall be as is provided in the articles of incorporation of the 
corporation and in conformity with the laws of the State or States 
wherein it is incorporated. 
RESTRICTIONS 
36 use 2108. 
SEC. 8. (a) No part of the income or assets of the corporation shall 
inure to any member, officer, or director of the corporation or be 
distributed to any such person during the life of this charter. 
Nothing in this subsection shall be construed to prevent the pay-
ment 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 shall not make any loan to any officer, direc-
tor, or employee of the corporation. 
(c) The corporation and any officer and director of the corporation, 
acting as such officer or director, shall not contribute to, support, or 
otherwise participate in any political activity or in any manner 
attempt to influence legislation. 
(d) The corporation shall have no power to issue any shares of 
stock nor to declare or pay any dividends. 
(e) The corporation shall not claim congressional approval or 
Federal Government authority for any of its activities. 
(f) The corporation shall retain and maintain its status as a 
corporation organized and incorporated under the laws of the State 
of Washington. 
PUBLIC LAW 97-234—AUG. 10, 1982 
96 STAT. 263 
LIABILITY 
SEC. 9. The corporation shall be liable for the acts of its officers 
36 USC 2109. 
and agents when acting within the scope of their authority. 
BOOKS AND RECORDS; INSPECTION 
SEC. 10. The corporation shall keep correct and complete books 
36 USC 2110. 
and records of account and shall keep minutes of any proceeding of 
the corporation involving any of its members, the board of directors, 
or any committee having authority under the board of directors. The 
corporation shall keep at its principal office a record of the names 
and addresses of all members having the right of vote. All books and 
records of such corporation may be inspected by any member having 
the right to vote, or by any agent or attorney of such member, for 
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. 11. 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: 
"(57) American Ex-Prisoners of War.". 
ANNUAL REPORT 
SEC. 12. The corporation shall report annually to the Congress 
36 USC 2lii. 
concerning the activities of the corporation during the preceding 
fiscal year. Such annual report shall be submitted at the same time 
as is the report of the audit required by section 11 of this Act. The 
report shall not be printed as a public document. 
RESERVATION OF RIGHT TO AMEND OR REPEAL CHARTER 
SEC. 13. The right to alter, amend, or repeal this Act is expressly 
36 use 2112. 
reserved to the Congress. 
DEFINITION OF "STATE" 
SEC. 14. For purposes of this Act, the term "State" includes the 
36 use 2113. 
District of Columbia, the Commonwealth of Puerto Rico, and the 
territories and possessions of the United States. 
TAX-EXEMPT STATUS 
SEC. 15. The corporation shall maintain its status as an organiza- 
36 USC 2114. 
tion exempt from taxation as provided in the Internal Revenue 
Code. If the corporation fails to maintain such status, the charter 
granted hereby shall expire. 
EXCLUSIVE RIGHT TO NAME, EMBLEMS, SEALS, AND BADGES 
SEC. 16. The corporation shall have the sole and exclusive right to 36 USC 2115. 
use and to allow or refuse to others the use of the terms "American 
Ex-Prisoners of War", and the official American Ex-Prisoners of 
War emblem or any colorable simulation thereof. No powers or 
96 STAT. 264 
PUBLIC LAW 97-234—AUG. 10, 1982 
privileges hereby granted shall, however, interfere or conflict with 
established or vested rights. 
TERMINATION 
36 use 2116. 
SEC. 17. If the corporation shall fail to comply with any of the 
restrictions or provisions of this Act the charter granted hereby 
shall expire. 
Approved August 10, 1982. 
LEGISLATIVE HISTORY—H.R. 5380 (S. 2174): 
HOUSE REPORT No. 97-643 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD, Vol. 128 (1982): 
July 20, considered and passed House. 
July 28, considered and passed Senate.