I
109th CONGRESS
1st Session
H. R. 3638
IN THE HOUSE OF REPRESENTATIVES
July 29, 2005
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.
Charter for Irish American Cultural Institute
Part B of subtitle II of title 36, United States Code, is amended—
by redesignating chapter 1001 as chapter 1003;
by redesignating sections 100101 through 100110, and the items relating thereto in the table of sections, as sections 100301 through 100310, respectively; and
by inserting after chapter 901 the following new chapter:
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
Organization
Federal charter
The Irish American Cultural Institute (in this chapter, the corporation
), incorporated in New Jersey, is a federally chartered corporation.
Expiration of charter
If the corporation does not comply with any provision of this chapter, the charter granted by this chapter expires.
Purposes
The purposes of the corporation are as provided in the articles of incorporation and include—
establishing the Museum of Irish America in Washington, D.C., as the center of Irish American thought, dialogue, debate, and reflection;
recognizing and recording a living memorial to the contributions of Irish-born and Irish Americans to the development of the United States;
providing a focal point for all Irish Americans, who make up 17 percent of the United States population, according to the 2000 census;
exploring past, current, and future events in Ireland and the United States, as they relate to Irish Americans and society as a whole;
documenting the tremendous contributions of Irish immigrants to the United States in the areas of architecture, military, politics, religion, labor, sports, literature, and art;
providing ongoing studies to ensure that the experiences of the past will benefit the future of both Ireland and the United States; and
establishing an Irish American Studies Program for students from both Ireland and the United States.
Membership
Eligibility for membership in the corporation and the rights and privileges of membership are as provided in the bylaws.
Governing body
Board of directors
The board of directors and the responsibilities of the board are as provided in the articles of incorporation.
Officers
The officers and the election of officers are as provided in the articles of incorporation.
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.
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.
Restrictions
Stock and dividends
The corporation may not issue stock or declare or pay a dividend.
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.
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.
Loans
The corporation may not make any loan to a director, officer, or employee.
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.
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.).
Principal office
The principal office of the corporation shall be in Morristown, New Jersey, or another place decided by the board of directors.
Records and inspection
Records
The corporation shall keep—
correct and complete books and records of account;
minutes of the proceedings of its members, board of directors, and committees having any of the authority of its board of directors; and
at its principal office, a record of the names and addresses of its members entitled to vote.
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.
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.
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.
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.
.
Clerical amendments
The table of chapters at the beginning of subtitle II of title 36, United States Code, is amended—
in the item relating to chapter 1001, by striking 1001
and inserting 1003
and by striking 100101
and inserting 100301
; and
by inserting after the item relating to chapter 901 the following new item:
| 1001. Irish American Cultural Institute | 100101 |
.