I 

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Sons and Daughters 

5 of Pearl Harbor Survivors Charter Act’’. 

6 SEC. 2. CHARTER FOR SONS AND DAUGHTERS OF PEARL 

7 HARBOR SURVIVORS. 

8 (a) IN GENERAL.—Part B of subtitle II of title 36, 

9 United States Code, is amended by inserting after chapter 

10 1703 the following new chapter: 
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1 ‘‘CHAPTER 1704—SONS AND DAUGHTERS 

2 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.

3 ‘‘§ 170401. Organization 

4 ‘‘(a) FEDERAL CHARTER.—The Sons and Daughters 

5 of Pearl Harbor Survivors, a nonprofit corporation orga6 nized under the laws of the State of Florida, is a federally 

7 chartered corporation. 

8 ‘‘(b) EXPIRATION OF CHARTER.—If the corporation 

9 does not comply with any provision of this chapter, the 

10 charter granted by subsection (a) expires. 

11 ‘‘§ 170402. Purposes 

12 ‘‘The purposes of the corporation are fraternal, patri13 otic, historical, and educational as provided in its bylaws 

14 and articles of incorporation and shall include the fol15 lowing: 

16 ‘‘(1) To preserve, teach, and promote true pa17 triotism and loyalty to the United States of America. 
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1 ‘‘(2) To perpetuate the memory of the service2 men and servicewomen and the events pertaining to 

3 that Day of Infamy, 7 December 1941. 

4 ‘‘(3) To assist in the preservation and encour5 age the study of documents and chronicles of service 

6 performed by the Pearl Harbor survivors and non7 survivors. 

8 ‘‘(4) To celebrate the anniversary of the bomb9 ing of Pearl Harbor, the island of Oahu, on 7 De10 cember 1941. 

11 ‘‘(5) To unite and promote comradeship among 

12 descendants. 

13 ‘‘(6) To encourage in all people an under14 standing of 7 December 1941, which will guard 

15 against future attacks on American soil. 

16 ‘‘§ 170403. Membership 

17 ‘‘Eligibility for membership in the corporation, and 

18 the rights and privileges of the members of the corpora19 tion, are as provided in the bylaws of the corporation. 

20 ‘‘§ 170404. Governing body 

21 ‘‘(a) BOARD OF DIRECTORS.—The board of directors 

22 of the corporation and the responsibilities of the board are 

23 as provided in the bylaws and articles of incorporation of 

24 the corporation. 
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1 ‘‘(b) OFFICERS.—The officers and the election of offi2 cers of the corporation are as provided in the bylaws and 

3 articles of incorporation of the corporation. 

4 ‘‘§ 170405. Powers 

5 ‘‘The corporation has only the powers provided in its 

6 bylaws and articles of incorporation filed in each State in 

7 which it is incorporated. 

8 ‘‘§ 170406. Exclusive right to name, seals, emblems, 

9 and badges 

10 ‘‘The corporation shall have the exclusive right to use 

11 the name ‘Sons and Daughters of Pearl Harbor Survivors’ 

12 and any seals, emblems, and badges the corporation 

13 adopts. 

14 ‘‘§ 170407. Restrictions 

15 ‘‘(a) STOCK AND DIVIDENDS.—The corporation may 

16 not issue stock or declare or pay a dividend. 

17 ‘‘(b) POLITICAL ACTIVITIES.—The corporation, or 

18 any director or officer of the corporation, acting as such 

19 director or officer, may not contribute to, support, or oth20 erwise participate in any political activity or in any man21 ner attempt to influence legislation. 

22 ‘‘(c) DISTRIBUTION OF INCOME OR ASSETS.—No 

23 part of the income or assets of the corporation may inure 

24 to the benefit of, or be distributed to, any director, officer, 

25 or employee of the corporation during the life of the char-
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1 ter granted by this chapter. Nothing in this subsection 

2 may be construed to prevent the payment of reasonable 

3 compensation to the officers and employees of the corpora4 tion or the reimbursement of actual necessary expenses 

5 in the amounts approved by the board of directors of the 

6 corporation. 

7 ‘‘(d) LOAN.—The corporation may not make a loan 

8 to any director, officer, or employee of the corporation. 

9 ‘‘(e) CLAIM OF GOVERNMENT APPROVAL OR AU10 THORITY.—The corporation may not claim the approval 

11 of Congress or the authorization of the United States Gov12 ernment for any of its activities. 

13 ‘‘§ 170408. Duty to maintain corporate and tax-ex14 empt status 

15 ‘‘(a) CORPORATE STATUS.—The corporation shall 

16 maintain its status as a corporation incorporated under 

17 the laws of the State of Florida. 

18 ‘‘(b) TAX-EXEMPT STATUS.—The corporation shall 

19 maintain its status as an organization exempt from tax20 ation under the Internal Revenue Code of 1986. 

21 ‘‘§ 170409. Records and inspection 

22 ‘‘(a) RECORDS.—The corporation shall keep—

23 ‘‘(1) correct and complete records of account; 
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1 ‘‘(2) minutes of the proceedings of its members, 

2 board of directors, and committees having any of the 

3 authority of its board of directors; and 

4 ‘‘(3) at its principal office, a record of the 

5 names and addresses of its members entitled to vote, 

6 if any. 

7 ‘‘(b) INSPECTION.—A member entitled to vote on 

8 matters relating to the corporation, or an agent or attor9 ney of the member, may inspect the records of the cor10 poration for any proper purpose, at any reasonable time. 

11 ‘‘§ 170410. Service of process 

12 ‘‘The corporation shall comply with the law on service 

13 of process of the State of Florida and in each State in 

14 which it carries on activities. 

15 ‘‘§ 170411. Liability for acts of officers and agents 

16 ‘‘The corporation is liable for the acts of its officers 

17 and agents acting within the scope of their authority. 

18 ‘‘§ 170412. Annual report 

19 ‘‘The corporation shall submit to Congress an annual 

20 report on the activities of the corporation during the pre21 ceding fiscal year. The report shall be submitted at the 

22 same time as the report of the audit required by section 

23 10101 of this title. The report may not be printed as a 

24 public document. 
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1 ‘‘§ 170413. Definitions 

2 ‘‘For the purposes of this chapter: 

3 ‘‘(1) The term ‘corporation’ means the Sons 

4 and Daughters of Pearl Harbor Survivors. 

5 ‘‘(2) The term ‘State’ includes the District of 

6 Columbia and the territories and possessions of the 

7 United States.’’. 

8 (b) CLERICAL AMENDMENT.—The table of chapters 

9 at the beginning of subtitle II of title 36, United States 

10 Code, is amended by inserting after the item relating to 

11 chapter 1703 the following new item:

‘‘1704. Sons and Daughters of Pearl Harbor Survivors...........................................................................170401.’’.

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