II 110th CONGRESS 1st Session S. 109 IN THE SENATE OF THE UNITED STATES January 4, 2007 Mr. Reid (for Mr. Inouye) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To recognize the organization known as the National Academies of Practice.
1.
Short title
This Act may be cited as the National Academies of Practice Recognition Act of 2007.
2.
Charter
The National Academies of Practice organized and incorporated under the laws of the District of Columbia, is hereby recognized as such and is granted a Federal charter.
3.
Corporate powers
The National Academies of Practice (referred to in this Act as the corporation) shall have only those powers granted to it through its bylaws and articles of incorporation filed in the State in which it is incorporated and subject to the laws of such State.
4.
Objectives and purposes of the corporation
The objectives and purposes for which the corporation is organized shall be provided for in the articles of incorporation and shall include the following: (1)Honoring persons who have made significant contributions to the practice of applied dentistry, medicine, nursing, optometry, osteopathy, pharmacy, podiatry, psychology, social work, veterinary medicine, and other health care professions. (2)Improving the effectiveness of such professions by disseminating information about new techniques and procedures, promoting interdisciplinary practices, and stimulating multidisciplinary exchange of scientific and professional information. (3)Upon request, advising the President, the members of the President's Cabinet, Congress, Federal agencies, and other relevant groups about practitioner issues in health care and health care policy, from a multidisciplinary perspective.
5.
Service of process
With respect to service of process, the corporation shall comply with the laws of the State in which it is incorporated and those States in which it carries on its activities in furtherance of its corporate purposes.
6.
Membership
Eligibility for membership in the corporation and the rights and privileges of members shall be as provided in the bylaws of the corporation.
7.
Board of directors; composition; responsibilities
The composition and the responsibilities of the board of directors of the corporation shall be as provided in the articles of incorporation of the corporation and in conformity with the laws of the State in which it is incorporated.
8.
Officers of the corporation
The officers of the corporation and the election of such officers shall be as provided in the articles of incorporation of the corporation and in conformity with the laws of the State in which it is incorporated.
9.
Restrictions
(a)
Use of income and assets
No part of the income or assets of the corporation shall inure to any member, officer, or director of the corporation or be distributed to any such person during the life of the charter under this Act. Nothing in this subsection shall be construed to prevent the payment of reasonable compensation to the officers of the corporation or reimbursement for actual necessary expenses in amounts approved by the board of directors. (b)
Loans
The corporation shall not make any loan to any officer, director, or employee of the corporation. (c)
Political activity
The corporation, any officer, or any director of the corporation, acting as such officer or director, shall not contribute to, support, or otherwise participate in any political activity or in any manner attempt to influence legislation. (d)
Issuance of stock and payment of dividends
The corporation shall have no power to issue any shares of stock nor to declare or pay any dividends. (e)
Claims of Federal approval
The corporation shall not claim congressional approval or Federal Government authority for any of its activities. (f)
Federal advisory activities
While providing advice to Federal agencies, the corporation shall be subject to the Federal Advisory Committee Act (5 U.S.C. Appendix; 86 stat. 700).
10.
Liability
The corporation shall be liable for the acts of its officers and agents when acting within the scope of their authority.
11.
Maintenance and inspection of books and records
(a)
Books and records of account
The corporation shall keep correct and complete books and records of account and shall keep minutes of any proceeding of the corporation involving any of its members, the board of directors, or any committee having authority under the board of directors. (b)
Names and addresses of members
The corporation shall keep at its principal office a record of the names and addresses of all members having the right to vote in any proceeding of the corporation. (c)
Right to inspect books and records
All books and records of the corporation may be inspected by any member having the right to vote, or by any agent or attorney of such member, for any proper purpose, at any reasonable time. (d)
Application of State law
Nothing in this section shall be construed to contravene any applicable State law.
12.
Annual report
The corporation shall report annually to the Congress concerning the activities of the corporation during the preceding fiscal year. The report shall not be printed as a public document.
13.
Reservation of right to amend or repeal charter
The right to alter, amend, or repeal this Act is expressly reserved to Congress.
14.
Definition
In this Act, the term State includes the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States.
15.
Tax-exempt status
The corporation shall maintain its status as an organization exempt from taxation as provided in the Internal Revenue Code of 1986 or any corresponding similar provision.
16.
Termination
If the corporation fails to comply with any of the restrictions or provisions of this Act the charter granted by this Act shall terminate.