[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.

                          ____________________