Sons and Daughters of Pearl Harbor Survivors Charter Act - Grants a Federal charter to the Sons and Daughters of Pearl Harbor Survivors (a nonprofit corporation organized under the laws of Florida).
[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.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Immigration, Border Security, and Claims.
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