[Congressional Record Volume 164, Number 123 (Monday, July 23, 2018)]
[House]
[Pages H6618-H6620]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
{time} 1630
FOUNDATION OF THE FEDERAL BAR ASSOCIATION CHARTER AMENDMENTS ACT OF
2017
Mr. GOODLATTE. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 4100) to amend title 36, United States Code, to revise the
Federal charter for the Foundation of the Federal Bar Association.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 4100
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 2017''.
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.'';
(2) by redesignating subsection (c) as subsection (b); and
(3) by adding at the end the following:
``(c) Nondiscrimination.--The terms of membership may not
discriminate on the basis of race, color, religion, sex,
disability, age, sexual orientation, or national origin.''.
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.
``(c) Nondiscrimination.--The requirements for serving as a
director or officer may not discriminate on the basis of
race, color, religion, sex, disability, age, sexual
orientation, or national origin.''.
[[Page H6619]]
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, 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.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Virginia (Mr. Goodlatte) and the gentleman from Maryland (Mr. Raskin)
each will control 20 minutes.
The Chair recognizes the gentleman from Virginia.
General Leave
Mr. GOODLATTE. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and include extraneous material on H.R. 4100, currently under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Virginia?
There was no objection.
Mr. GOODLATTE. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, the mission of the Federal Bar Association is to
``strengthen the Federal legal system and administration of justice by
serving the interests and the needs of the Federal practitioner, both
public and private, the Federal judiciary, and the public they serve.''
The Federal Bar Association's membership includes more than 18,000
Federal lawyers, including 1,500 Federal judges, who, as the
Association states, ``work together to promote the sound administration
of justice and integrity, quality, and independence of the judiciary.''
The FBA received a Federal charter in 1954. Steve Chabot has
introduced H.R. 4100, the Foundation of the Federal Bar Association
Charter Amendments Act. The Foundation wrote to the Judiciary Committee
stating that:
We wholeheartedly endorse H.R. 4100, which would provide
for technical changes to the Federal charter of the
Foundation of the Federal Bar Association. . . . The
technical amendments embodied in H.R. 4100 will provide
reasonable and necessary flexibility to the Foundation to
assist in the governance and management of the Foundation's
affairs. Under the legislation, the mission of the Foundation
of the Federal Bar Association will remain unchanged in the
promotion and support of legal research and education
concerning the Federal administration of justice, the
advancement of the science of jurisprudence, and the
fostering of improvements in the practice of Federal law. . .
. Since 1954, and especially over the past two decades, the
Foundation has devoted significant effort toward the
enlargement of its educational and charitable programs,
including the creation of a fellows program, support of
academic and legal scholarship, creation of donor advised
funds, establishment of assistance funds for the victims of
terrorism and natural disasters, creation of scholarship
programs for law students and the children of Federal
attorneys, and grant assistance for Federal Bar Association
chapters conducting pro bono and other community service
projects. . . . These wide-ranging efforts have been
successful, but also have exposed the limitations of the
Foundation's 1954 charter, particularly with respect to
eligibility for membership and governance of the Foundation.
. . . The technical corrections . . . would address these
concerns and provide greater flexibility to the Foundation in
a fashion similar to the authority and privileges enjoyed by
other . . . organizations federally chartered by Congress. .
. .
The bill, among other things, allows the Foundation to have its
principal office outside of the District of Columbia, gives its board
of directors more leeway in meeting its responsibilities, and adds a
nondiscrimination clause.
Mr. Speaker, I urge my colleagues to support H.R. 4100, and I reserve
the balance of my time.
Mr. RASKIN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, H.R. 4100, the Foundation of the Federal Bar Association
Charter Amendments Act of 2017, provides the Federal Bar Association,
FBA, with the organizational flexibility it needs to fully meet its
contemporary mission, and I support it.
The original 1954 charter created a framework that has effectively
served FBA for the last six decades. During these years, the Foundation
has strengthened Federal jurisprudence, advanced legal education, and
promoted effective legal practice.
The organization's initiatives have also directly improved the lives
of our people. For example, one of its community outreach programs, the
Wills for Veterans Initiative, is a pro bono project where FBA chapters
provide will drafting and signing services for veterans in their
communities. I know a number of my constituents who participate have
very much enjoyed working on this project. Another initiative
establishes a mentorship program for law school students to work with
experienced attorneys.
The current FBA charter must be amended to allow the organization
greater flexibility of operation and growth. For example, 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 charitable and educational initiatives.
H.R. 4100 makes technical fixes to the FBA charter that will give the
FBA the needed flexibility. For instance, in the place of legislatively
fixed membership criteria, it permits the FBA to proactively establish
and update membership criteria through the bylaws process. Similar
provisions authorize enhanced flexibility in the composition and duties
of the members of the board of directors.
In general, this measure would enable the FBA to swiftly meet its
organizational needs and overcome the challenges of the times.
I want to note, for the Record, that while the language of the bill's
proposed nondiscrimination provision prohibits discrimination on the
basis of, among other things, sex and sexual orientation, it does not
explicitly prohibit discrimination on the basis of gender identity, as
most of the new antidiscrimination legislation does.
While the prohibition on discrimination on the basis of sex already
covers gender identity discrimination, the FBA's current diversity
statement expressly states that the FBA should not exclude persons
based on gender identity.
In light of this, and because it should be made clear that everyone
is protected against invidious discrimination, I hope that when the
Senate takes up our measure, it will explicitly clarify that this
language includes protection against discrimination on the basis of
gender identity. I know that Congressman Cicilline of Rhode Island
wants to address this point as well.
[[Page H6620]]
I believe that H.R. 4100 will help the FBA to flourish for many
decades to come. I strongly support this bill. I look forward to the
FBA's continued positive involvement in our Nation's legal system, and
I urge my colleagues to support the bill.
Mr. Speaker, I reserve the balance of my time.
Mr. GOODLATTE. Mr. Speaker, I yield such time as he may consume to
the gentleman from Ohio (Mr. Chabot), chairman of the Small Business
Committee.
Mr. CHABOT. Mr. Speaker, I thank the gentleman for his leadership on
this issue and for yielding.
Mr. Speaker, today, I rise in support of a bill that I introduced,
H.R. 4100, which, put simply, helps support those Federal attorneys who
prosecute major drug traffickers, white collar criminals, and other
Federal crimes, and the judges who preside over those cases in our
Federal courts.
The Federal Bar Association was founded back in 1920 and charted by
Congress in 1954. However, in the nearly 64 years of its existence, its
charter has never been amended.
As a former educator, attorney, and current senior member of the
Judiciary Committee, I would note the important work that the Federal
Bar Association does to bring civics education to classrooms in my
State of Ohio, and they bring that same expertise to other areas all
across the country.
Without legislation like H.R. 4100, it takes an act of Congress to
even allow the Federal Bar Association to make simple changes to their
bylaws. More specifically, this legislation gives the association the
authority to choose the location of its principal office, restricts its
officers from engaging in political activity, and makes other technical
changes to conform to commonly used language and other things.
This legislation provides the Federal Bar Association the continued
ability to support legal research, pro bono, and community projects;
continue to educate grade schoolchildren on the Federal judiciary
system; and improve the practice of Federal law in our Federal
courtrooms all across America.
Mr. Speaker, I again want to thank the chairman, Chairman Goodlatte,
for his leadership in helping to bring this very important legislation
to the floor for consideration, and I urge my colleagues on both sides
of the aisle to support it.
Mr. RASKIN. Mr. Speaker, I yield 2 minutes to the gentleman from
Rhode Island (Mr. Cicilline).
Mr. CICILLINE. Mr. Speaker, I thank the gentleman for yielding.
Mr. Speaker, I rise to speak about H.R. 4100.
The Federal Bar Association is the Nation's premier association for
practitioners in Federal courts and, as such, should, of course, be
open to all, regardless of sexual orientation or gender identity.
Currently, the FBA recognizes the importance of nondiscrimination and
has adopted a diversity statement that includes race, gender,
ethnicity, national origin, religion, age, disability, sexual
orientation, and gender identity.
Diversity statements are valuable, but they do not carry the weight
of law. The addition of a nondiscrimination provision to the FBA
charter is an important action, but it is really unfortunate that my
Republican colleagues have excluded gender identity as an enumerated
protected characteristic in the law. I am not sure if they are
pandering to the most extremes in their party or to their political
base, but it is wrong.
Gender identity is an individual's personal and internal
identification as a man, a woman, neither, or both. For transgender
people, their gender identity may not match their biological or legal
sex. Despite the efforts to exclude gender identity from H.R. 4100,
transgender people will be protected from discrimination under Federal
law.
Discrimination on the basis of gender identity is a form of sex
discrimination. Laws prohibiting discrimination on the basis of sex
protect transgender people.
Numerous Federal circuit and district court opinions have held that
our Nation's nondiscrimination laws that prohibit discrimination on the
basis of sex protect transgender people from discrimination. That
includes title VII of the Civil Rights Act of 1964, the Equal Credit
Opportunity Act, and title IX of the Education Amendments of 1972.
The Equal Employment Opportunity Commission determined in Macy v.
Holder that title VII's prohibitions on sex discrimination also
prohibit discrimination on the basis of gender identity. This decision
is binding on the Federal Government with respect to employment
practices.
While gender identity will be covered by the sex nondiscrimination
provision, it is better to enumerate gender identity. Our laws work
best when there are clear expectations.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. RASKIN. Mr. Speaker, I yield an additional 30 seconds to the
gentleman from Rhode Island.
Mr. CICILLINE. Listing out protected characteristics helps those
making determinations about membership understand their obligations,
and helps those seeking membership understand their rights. There is no
reason to refuse to include gender identity as a protected
characteristic.
While I do not oppose H.R. 4100, I hope that we can continue to
discuss and take into account the issues that impact the lives of LGBTI
individuals and will work toward a charter that protects everyone from
discrimination.
Mr. GOODLATTE. Mr. Speaker, I reserve the balance of my time.
Mr. RASKIN. Mr. Speaker, given that the D.C. Circuit Court of Appeals
has determined that title VII sex discrimination includes
discrimination against people based on their gender identity, it seems
somewhat petty and churlish to exclude those words from the language of
this charter. I hope that this will be corrected when the legislation
goes through. Otherwise, I consider this a very fine bill.
Mr. Speaker, I yield back the balance of my time.
Mr. GOODLATTE. Mr. Speaker, I urge my colleagues to support this
legislation, and I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Virginia (Mr. Goodlatte) that the House suspend the
rules and pass the bill, H.R. 4100.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
____________________