Grants a Federal charter to the Irish American Cultural Institute, Incorporated (a nonprofit corporation incorporated under the laws of New Jersey).
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4245 Introduced in House (IH)]
108th CONGRESS
2d Session
H. R. 4245
To amend title 36, United States Code, to grant a Federal charter to
the Irish American Cultural Institute.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 28, 2004
Mr. Walsh 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 Irish American Cultural Institute.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. CHARTER FOR IRISH AMERICAN CULTURAL INSTITUTE.
Part B of subtitle II of title 36, United States Code, is amended--
(1) by redesignating chapter 1001 as chapter 1003;
(2) by redesignating sections 100101 through 100110, and
the items relating thereto in the table of sections, as
sections 100301 through 100310, respectively; and
(3) by inserting after chapter 901 the following new
chapter:
``CHAPTER 1001--IRISH AMERICAN CULTURAL INSTITUTE
``Sec.
``100101. Organization.
``100102. Purposes.
``100103. Membership.
``100104. Governing body.
``100105. Powers.
``100106. Exclusive right to name, seals, emblems, and badges.
``100107. Restrictions.
``100108. Duty to maintain tax-exempt status.
``100109. Principal office.
``100110. Records and inspection.
``100111. Service of process.
``100112. Liability for acts of officers and agents.
``100113. Annual report.
``Sec. 100101. Organization
``(a) Federal Charter.--The Irish American Cultural Institute (in
this chapter, the `corporation'), incorporated in New Jersey, 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 this chapter
expires.
``Sec. 100102. Purposes
``The purposes of the corporation are as provided in the articles
of incorporation and include--
``(1) establishing the Museum of Irish America in
Washington, D.C., as the center of Irish American thought,
dialogue, debate, and reflection;
``(2) recognizing and recording a living memorial to the
contributions of Irish-born and Irish Americans to the
development of the United States;
``(3) providing a focal point for all Irish Americans, who
make up 17 percent of the United States population, according
to the 2000 census;
``(4) exploring past, current, and future events in Ireland
and the United States, as they relate to Irish Americans and
society as a whole;
``(5) documenting the tremendous contributions of Irish
immigrants to the United States in the areas of architecture,
military, politics, religion, labor, sports, literature, and
art;
``(6) providing ongoing studies to ensure that the
experiences of the past will benefit the future of both Ireland
and the United States; and
``(7) establishing an Irish American Studies Program for
students from both Ireland and the United States.
``Sec. 100103. Membership
``Eligibility for membership in the corporation and the rights and
privileges of membership are as provided in the bylaws.
``Sec. 100104. Governing body
``(a) Board of Directors.--The board of directors and the
responsibilities of the board are as provided in the articles of
incorporation.
``(b) Officers.--The officers and the election of officers are as
provided in the articles of incorporation.
``Sec. 100105. Powers
``The corporation shall have only the powers provided in its bylaws
and articles of incorporation filed in each State in which it is
incorporated.
``Sec. 100106. Exclusive right to name, seals, emblems, and badges
``The corporation has the exclusive right to use the name `Irish
American Cultural Institute' and any seals, emblems, and badges
relating thereto that the corporation adopts.
``Sec. 100107. Restrictions
``(a) Stock and Dividends.--The corporation may not issue stock or
declare or pay a dividend.
``(b) Political Activities.--The corporation or a director or
officer as such may not contribute to, support, or participate in any
political activity or in any manner attempt to influence legislation.
``(c) Distribution of Income or Assets.--The income or assets of
the corporation may not inure to the benefit of, or be distributed to,
a director, officer, or member during the life of the charter granted
by this chapter. This subsection does not prevent the payment of
reasonable compensation to an officer or member in an amount approved
by the board of directors.
``(d) Loans.--The corporation may not make any loan to a director,
officer, or employee.
``(e) Claim of Governmental Approval or Authorization.--The
corporation may not claim congressional approval or the authority of
the United States Government for any of its activities.
``Sec. 100108. Duty to maintain tax-exempt status
``The corporation shall maintain its status as an organization
exempt from taxation under the Internal Revenue Code of 1986 (26 U.S.C.
1 et seq.).
``Sec. 100109. Principal office
``The principal office of the corporation shall be in Morristown,
New Jersey, or another place decided by the board of directors.
``Sec. 100110. Records and inspection
``(a) Records.--The corporation shall keep--
``(1) correct and complete books and 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.
``(b) Inspection.--A member entitled to vote, or an agent or
attorney of the member, may inspect the records of the corporation for
any proper purpose, at any reasonable time.
``Sec. 100111. Service of process
``The corporation shall comply with the law on service of process
of each State in which it is incorporated and each State in which it
carries on activities.
``Sec. 100112. 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. 100113. Annual report
``The corporation shall submit an annual report to Congress on the
activities of the corporation during the prior 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 shall not be printed as a
public document.''.
SEC. 2. CLERICAL AMENDMENTS.
The table of chapters at the beginning of subtitle II of title 36,
United States Code, is amended--
(1) in the item relating to chapter 1001, by striking
``1001'' and inserting ``1003'' and by striking ``100101'' and
inserting ``100301''; and
(2) by inserting after the item relating to chapter 901 the
following new item:
``1001. Irish American Cultural Institute................... 100101''.
<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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