[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2866 Introduced in House (IH)]






108th CONGRESS
  1st Session
                                H. R. 2866

 To amend title 36, United States Code, to grant a Federal charter to 
    the Sons and Daughters of Pearl Harbor Survivors, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 24, 2003

 Mr. Collins 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 Sons and Daughters of Pearl Harbor Survivors, 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. SHORT TITLE.

    This Act may be cited as the ``Sons and Daughters of Pearl Harbor 
Survivors Charter Act''.

SEC. 2. CHARTER FOR SONS AND DAUGHTERS OF PEARL HARBOR SURVIVORS.

    (a) In General.--Part B of subtitle II of title 36, United States 
Code, is amended by inserting after chapter 1703 the following new 
chapter:

      ``CHAPTER 1704--SONS AND DAUGHTERS OF PEARL HARBOR SURVIVORS

``170401. Organization.
``170402. Purposes.
``170403. Membership.
``170404. Governing body.
``170405. Powers.
``170406. Exclusive Right to Name, Seals, Emblems, and Badges.
``170407. Restrictions.
``170408. Duty to Maintain Corporate and Tax-Exempt Status.
``170409. Records and Inspection.
``170410. Service of Process.
``170411. Liability for acts of officers and agents.
``170412. Annual report.
``170413. Definitions.
``Sec. 170401. Organization
    ``(a) Federal Charter.--The Sons and Daughters of Pearl Harbor 
Survivors, a nonprofit corporation organized under the laws of the 
State of Florida, is a federally chartered corporation.
    ``(b) Expiration of Charter.--If the corporation does not comply 
with any provision of this chapter, the charter granted by subsection 
(a) expires.
``Sec. 170402. Purposes
    ``The purposes of the corporation are fraternal, patriotic, 
historical, and educational as provided in its bylaws and articles of 
incorporation and shall include the following:
            ``(1) To preserve, teach, and promote true patriotism and 
        loyalty to the United States of America.
            ``(2) To perpetuate the memory of the servicemen and 
        servicewomen and the events pertaining to that Day of Infamy, 7 
        December 1941.
            ``(3) To assist in the preservation and encourage the study 
        of documents and chronicles of service performed by the Pearl 
        Harbor survivors and nonsurvivors.
            ``(4) To celebrate the anniversary of the bombing of Pearl 
        Harbor, the island of Oahu, on 7 December 1941.
            ``(5) To unite and promote comradeship among descendants.
            ``(6) To encourage in all people an understanding of 7 
        December 1941, which will guard against future attacks on 
        American soil.
``Sec. 170403. Membership
    ``Eligibility for membership in the corporation, and the rights and 
privileges of the members of the corporation, are as provided in the 
bylaws of the corporation.
``Sec. 170404. Governing body
    ``(a) Board of Directors.--The board of directors of the 
corporation and the responsibilities of the board are as provided in 
the bylaws and articles of incorporation of the corporation.
    ``(b) Officers.--The officers and the election of officers of the 
corporation are as provided in the bylaws and articles of incorporation 
of the corporation.
``Sec. 170405. Powers
    ``The corporation has only the powers provided in its bylaws and 
articles of incorporation filed in each State in which it is 
incorporated.
``Sec. 170406. Exclusive right to name, seals, emblems, and badges
    ``The corporation shall have the exclusive right to use the name 
`Sons and Daughters of Pearl Harbor Survivors' and any seals, emblems, 
and badges the corporation adopts.
``Sec. 170407. Restrictions
    ``(a) Stock and Dividends.--The corporation may not issue stock or 
declare or pay a dividend.
    ``(b) Political Activities.--The corporation, or any director or 
officer of the corporation, acting as such director or officer, may not 
contribute to, support, or otherwise participate in any political 
activity or in any manner attempt to influence legislation.
    ``(c) Distribution of Income or Assets.--No part of the income or 
assets of the corporation may inure to the benefit of, or be 
distributed to, any director, officer, or employee of the corporation 
during the life of the charter granted by this chapter. Nothing in this 
subsection may be construed to prevent the payment of reasonable 
compensation to the officers and employees of the corporation or the 
reimbursement of actual necessary expenses in the amounts approved by 
the board of directors of the corporation.
    ``(d) Loan.--The corporation may not make a loan to any director, 
officer, or employee of the corporation.
    ``(e) Claim of Government Approval or Authority.--The corporation 
may not claim the approval of Congress or the authorization of the 
United States Government for any of its activities.
``Sec. 170408. Duty to maintain corporate and tax-exempt status
    ``(a) Corporate Status.--The corporation shall maintain its status 
as a corporation incorporated under the laws of the State of Florida.
    ``(b) Tax-Exempt Status.--The corporation shall maintain its status 
as an organization exempt from taxation under the Internal Revenue Code 
of 1986.
``Sec. 170409. Records and inspection
    ``(a) Records.--The corporation shall keep--
            ``(1) correct and complete records of account;
            ``(2) minutes of the proceedings of its members, board of 
        directors, and committees having any of the authority of its 
        board of directors; and
            ``(3) at its principal office, a record of the names and 
        addresses of its members entitled to vote, if any.
    ``(b) Inspection.--A member entitled to vote on matters 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. 170410. Service of process
    ``The corporation shall comply with the law on service of process 
of the State of Florida and in each State in which it carries on 
activities.
``Sec. 170411. Liability for acts of officers and agents
    ``The corporation is liable for the acts of its officers and agents 
acting within the scope of their authority.
``Sec. 170412. 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 of this title. The report may not be printed 
as a public document.
``Sec. 170413. Definitions
    ``For the purposes of this chapter:
            ``(1) The term `corporation' means the Sons and Daughters 
        of Pearl Harbor Survivors.
            ``(2) 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 1703 the following new item:

``1704. Sons and Daughters of Pearl Harbor 
                            Survivors...................................
                            ........................................1704
                            01.''.
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