118 S2694 IS: Foundation of the Federal Bar Association Charter Amendments Act of 2023 U.S. Senate 2023-07-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
II118th CONGRESS1st SessionS. 2694IN THE SENATE OF THE UNITED STATESJuly 27, 2023Mr. Kennedy (for himself and Mr. Whitehouse) introduced the following bill; which was read twice and referred to the Committee on the JudiciaryA BILLTo amend title 36, United States Code, to revise the Federal charter for the Foundation of the Federal Bar Association.
1.
Short title
This Act may be cited as the Foundation of the Federal Bar Association Charter Amendments Act of 2023.
2.
Organization
Section 70501 of title 36, United States Code, is amended—(1)by striking subsection (b); and(2)by redesignating subsection (c) as subsection (b).
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).
4.
Governing body
Section 70504 of title 36, United States Code, is amended to read as follows:
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.
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5.
Restrictions
Section 70507 of title 36, United States Code, is amended to read as follows:
70507.
Restrictions
(a)
Stock and dividends
The corporation may not issue stock or declare or pay a dividend.(b)
Political activities
(1)
In general
The activities, funds, income, and property of the corporation may not be used to carry on political activity or attempt to influence legislation.(2)
No contribution, support, or participation
The corporation or a director or officer in the corporate capacity of the director of officer 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
(1)
In general
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—(A)reasonable compensation; or(B)reimbursement for expenses incurred in undertaking the corporation’s business, to officers, directors, or members.(2)
Rule of construction
This subsection shall not be construed to—(A)prevent the award of a grant to a Federal Bar Association chapter of which an officer, director, or member may be a member; or(B)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—(1)may not claim congressional approval or the authority of the United States Government for any of its activities; and(2)may acknowledge this charter.
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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,.
7.
Service of process
Section 70510 of title 36, United States Code, is amended to read as follows:
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.
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8.
Deposit of assets on dissolution or final liquidation
Section 70512 of title 36, United States Code, is amended to read as follows:
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—(a)as provided by the board of directors; and(b)in compliance with the charter and bylaws.
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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 Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage.