The publication is reproduced in full below:
FOUNDATION OF THE FEDERAL BAR ASSOCIATION CHARTER AMENDMENTS ACT OF
2021
Ms. JACKSON LEE. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 2679) to amend title 36, United States Code, to revise the Federal charter for the Foundation of the Federal Bar Association, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 2679
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 ``Foundation of the Federal Bar Association Charter Amendments Act of 2021''.
SEC. 2. ORGANIZATION.
Section 70501 of title 36, United States Code, is amended by striking subsection (b) and redesignating subsection (c) as subsection (b).
SEC. 3. MEMBERSHIP.
Section 70503 of title 36, United States Code, is amended--
(1) by striking subsections (a) and (b) and inserting the following:
``(a) Eligibility.--Except as provided in this chapter, eligibility for membership in the corporation and the rights and privileges of members are as provided in the bylaws.''; and
(2) by redesignating subsection (c) as subsection (b).
SEC. 4. GOVERNING BODY.
Section 70504 of title 36, United States Code, is amended to read as follows:
``Sec. 70504. Governing body
``(a) Board of Directors.--The board of directors is the governing body of the corporation. The board may exercise, or provide for the exercise of, the powers of the corporation. The board of directors and the responsibilities of the board are as provided in the bylaws.
``(b) Officers.--The officers and the election of the officers are as provided for in the bylaws.''.
SEC. 5. RESTRICTIONS.
Section 70507 of title 36, United States Code, is amended to read as follows:
``Sec. 70507. 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 in his or her corporate capacity 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, in amounts approved by the board of directors, of--
``(1) reasonable compensation; or
``(2) reimbursement for expenses incurred in undertaking the corporation's business, to officers, directors, or members.This subsection does not prevent the award of a grant to a Federal Bar Association chapter of which an officer, director, or member may be a member. This subsection also does not prevent the payment of reasonable compensation to the corporation's employees for services undertaken on behalf of the corporation.
``(d) Loans.--The corporation may not make a loan to a director, officer, member, or employee.
``(e) Immunity From Liability.--Members and private individuals are not liable for the obligations of the corporation.
``(f) Claim of Governmental Approval or Authority.--The corporation may not claim congressional approval or the authority of the United States Government for any of its activities; it may, however, acknowledge this charter.''.
SEC. 6. PRINCIPAL OFFICE.
Section 70508 of title 36, United States Code, is amended by striking ``the District of Columbia,'' and inserting ``a United States location decided by the board of directors and specified in the bylaws,''.
SEC. 7. SERVICE OF PROCESS.
Section 70510 of title 36, United States Code, is amended to read as follows:
``Sec. 70510. Service of process
``The corporation shall comply with the law on service of process of the State or District in which it is incorporated.''.
SEC. 8. DEPOSIT OF ASSETS ON DISSOLUTION OR FINAL
LIQUIDATION.
Section 70512 of title 36, United States Code, is amended to read as follows:
``Sec. 70512. Deposit of assets on dissolution or final liquidation
``On dissolution or final liquidation of the corporation, any assets of the corporation remaining after the discharge of all liabilities shall be distributed as provided by the board of directors, but in compliance with the charter and bylaws.''.
SEC. 9. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from Texas (Ms. Jackson Lee) and the gentleman from North Carolina (Mr. Bishop) each will control 20 minutes.
The Chair recognizes the gentlewoman from Texas.
General Leave
Ms. JACKSON LEE. Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days to revise and extend their remarks and include extraneous material on H.R. 2679.
The SPEAKER pro tempore. Is there objection to the request of the gentlewoman from Texas?
There was no objection.
Ms. JACKSON LEE. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, H.R. 2679, the Foundation of the Federal Bar Association Charter Amendments Act of 2021, makes important changes to the Federal charter for the Foundation of the Federal Bar Association.
This legislation is intended to give the Federal Bar Association the flexibility it needs to operate well into the future without the need for further congressional amendment.
Among other things, the legislation makes the following changes to the association's charter:
It requires the board of directors to decide, and specify in the bylaws, the location of the principal office.
It specifies that the bylaws, not the charter, must provide for the terms of membership, the responsibilities of the board of directors, and the election of officers.
It prohibits a director or officer in his or her corporate capacity from contributing to, supporting, or participating in political activities.
It expands a prohibition on loans for directors and officers to include members and employees.
It specifies that on dissolution or final liquidation of the corporation, any remaining assets must be distributed as provided by the board of directors instead of deposited in the Treasury.
I thank Mr. Chabot for introducing this important bipartisan legislation, along with Mr. Raskin.
Mr. Speaker, I urge my colleagues to support H.R. 2679 and, as well, support this insight and new look at justice, and I reserve the balance of my time.
Mr. BISHOP of North Carolina. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of H.R. 2679, the Foundation of the Federal Bar Association Charter Amendments Act of 2021.
The Federal Bar Association was founded in 1920 as a nonprofit organization seeking to strengthen the Federal legal system and administration of justice. In 1954, Congress chartered the Federal Bar Association as a congressionally chartered organization under title 36 of the United States Code.
{time} 1700
The FBA serves the Federal legal community and public by promoting standards of professional competence and ethical conduct, providing educational programs, and facilitating the administration of justice.
The FBA is also committed to bringing civics education programs to classrooms across the country. As a congressionally chartered organization, it takes an act of Congress to make changes to the FBA's charter. The FBA has not amended or updated its charter since 1954.
H.R. 2679 amends the FBA's current charter to allow the organization to choose the location of its principal office, restrict its officers from engaging in political activity, and change its charter language to conform with language used in other congressional charters. In addition, this legislation will allow the FBA to make simple changes to its bylaws without an act of Congress.
I want to thank my colleague, Mr. Chabot from Ohio, for his diligent work on this legislation. I urge my colleagues to join me in supporting this bill, and I reserve the balance of my time.
Ms. JACKSON LEE. Mr. Speaker, I am delighted to yield 4 minutes to the gentleman from Maryland (Mr. Raskin), the distinguished gentleman who is the cosponsor of this legislation here in the House. We thank him so much for his leadership.
Mr. RASKIN. Mr. Speaker, I thank the gentlewoman from Texas for her leadership.
Mr. Speaker, I am proud to serve as the lead Democratic cosponsor of the bill introduced by my friend from Ohio (Mr. Chabot), the Foundation of the Federal Bar Association Charter Amendments Act of 2021.
The Federal Bar Association is the primary voluntary bar association for attorneys, both in the private and public sectors, who practice in the Federal courts. The bill will permit the foundation to better fulfill its role as the only institution chartered in America by Congress to promote the Federal administration of justice, the advancement of Federal jurisprudence, and the practice of law in the Federal courts by providing it with the organizational flexibility that it needs to grow and to adapt to its contemporary mission.
The original charter created a framework that has served FBA well for the last six decades. During these years, the foundation has, indeed, strengthened Federal jurisprudence and promoted legal education and understanding at the Federal level, and it has improved the lives of a lot of people.
One community outreach program I know about through a number of my constituents is the Wills for Veterans initiative, which is a pro bono project where the FBA chapters provide the drafting of wills and signing services for veterans in our communities.
Another initiative set up the Dr. J. Clay Smith Jr. Diversity in the Legal Profession Scholarship program, which aims to promote diversity in the profession and to promote the inclusion of racially and ethnically diverse students in law schools and in the work of the Federal Bar Association.
All of these programs and initiatives broaden and strengthen the legal community and need to be bolstered in the years ahead. To allow the FBA greater flexibility to operate and grow as the legal community changes, the current charter must be amended.
In its current iteration, the existing charter codifies strict membership and governance requirements that constrain member development and nimble governance of the organization. This rigidity presents serious challenges as the organization seeks to expand its critical educational and charitable work.
H.R. 2679 makes technical fixes to the charter that will give the FBA the needed flexibility to advance its mission in the 21st century. In the place of legislatively fixed membership criteria, it permits FBA to establish and update membership criteria through the bylaws process itself. Similar provisions authorize enhanced flexibility in the composition and duties of the members of its board.
In general, the measure would enable the FBA to swiftly meet the needs and the priorities of the organization and improve the administration of Federal justice. I urge all colleagues to support the legislation.
Mr. BISHOP of North Carolina. Mr. Speaker, I urge my colleagues to support the bill, and I yield back the balance of my time.
Ms. JACKSON LEE. Mr. Speaker, I yield myself the balance of my time.
Again, we have found ourselves striking a chord for justice and clarification to an important organization that stands for justice, the Federal Bar Association. I thank the sponsors of this legislation.
Mr. Speaker, this legislation makes a number of important changes to strengthen the charter of the Foundation of the Federal Bar Association.
Mr. Speaker, H.R. 2679, the Foundation of the Federal Bar Association Charter Amendments Act of 2021, makes important changes to the federal charter for the Foundation of the Federal Bar Association.
This legislation is intended to give the Federal Bar Association the flexibility it needs to operate well into the future, without the need for further congressional amendment.
Among other things, the legislation makes the following changes to the Association's charter:
It requires the board of directors to decide, and specify in the bylaws, the location of the principal office;
It specifies that the bylaws--not the charter--must provide for the terms of membership, the responsibilities of the board of directors, and the election of officers;
It prohibits a director or officer, in his or her corporate capacity, from contributing to, supporting, or participating in political activities;
It expands a prohibition on loans for directors and officers to include members and employees; and
It specifies that on dissolution or final liquidation of the corporation, any remaining assets must be distributed as provided by the board of directors instead of deposited in the Treasury.
I thank Mr. Chabot for introducing this important bipartisan legislation, along with Mr. Raskin.
Mr. Speaker, this legislation makes a number of important changes to strengthen the charter of the Foundation of the Federal Bar Association.
I urge all Members to support the bill.
Mr. Speaker, I urge all Members to support the bill, and I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the gentlewoman from Texas (Ms. Jackson Lee) that the House suspend the rules and pass the bill, H.R. 2679, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds being in the affirmative, the ayes have it.
Mr. GRIFFITH. Mr. Speaker, on that I demand the yeas and nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution 8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this motion are postponed.
____________________
SOURCE: Congressional Record Vol. 167, No. 108
The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
House Representatives' salaries are historically higher than the median US income.
Alerts Sign-up