Foundation of the Federal Bar Association Charter Amendments Act of 2021

IIB 117TH CONGRESS 1ST SESSION H. R. 2679 IN THE SENATE OF THE UNITED STATES JUNE 24, 2021 Received; read twice and referred to the Committee on the Judiciary AN ACT To amend title 36, United States Code, to revise the Federal charter for the Foundation of the Federal Bar Association. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 08:24 Jun 25, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2679.RFS H2679 kjohnson on DSK79L0C42PROD with BILLS 2 HR 2679 RFS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Foundation of the Fed- 2 eral Bar Association Charter Amendments Act of 2021’’. 3 SEC. 2. ORGANIZATION. 4 Section 70501 of title 36, United States Code, is 5 amended by striking subsection (b) and redesignating sub- 6 section (c) as subsection (b). 7 SEC. 3. MEMBERSHIP. 8 Section 70503 of title 36, United States Code, is 9 amended— 10 (1) by striking subsections (a) and (b) and in- 11 serting the following: 12 ‘‘(a) ELIGIBILITY.—Except as provided in this chap- 13 ter, eligibility for membership in the corporation and the 14 rights and privileges of members are as provided in the 15 bylaws.’’; and 16 (2) by redesignating subsection (c) as sub- 17 section (b). 18 SEC. 4. GOVERNING BODY. 19 Section 70504 of title 36, United States Code, is 20 amended to read as follows: 21 ‘‘§ 70504. Governing body 22 ‘‘(a) BOARD OF DIRECTORS.—The board of directors 23 is the governing body of the corporation. The board may 24 exercise, or provide for the exercise of, the powers of the 25 VerDate Sep 11 2014 08:24 Jun 25, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2679.RFS H2679 kjohnson on DSK79L0C42PROD with BILLS 3 HR 2679 RFS corporation. The board of directors and the responsibilities 1 of the board are as provided in the bylaws. 2 ‘‘(b) OFFICERS.—The officers and the election of the 3 officers are as provided for in the bylaws.’’. 4 SEC. 5. RESTRICTIONS. 5 Section 70507 of title 36, United States Code, is 6 amended to read as follows: 7 ‘‘§ 70507. Restrictions 8 ‘‘(a) STOCK AND DIVIDENDS.—The corporation may 9 not issue stock or declare or pay a dividend. 10 ‘‘(b) POLITICAL ACTIVITIES.—The corporation or a 11 director or officer in his or her corporate capacity may 12 not contribute to, support, or participate in any political 13 activity or in any manner attempt to influence legislation. 14 ‘‘(c) DISTRIBUTION OF INCOME OR ASSETS.—The in- 15 come or assets of the corporation may not inure to the 16 benefit of, or be distributed to, a director, officer, or mem- 17 ber during the life of the charter granted by this chapter. 18 This subsection does not prevent the payment, in amounts 19 approved by the board of directors, of— 20 ‘‘(1) reasonable compensation; or 21 ‘‘(2) reimbursement for expenses incurred in 22 undertaking the corporation’s business, to officers, 23 directors, or members. 24 VerDate Sep 11 2014 08:24 Jun 25, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2679.RFS H2679 kjohnson on DSK79L0C42PROD with BILLS 4 HR 2679 RFS This subsection does not prevent the award of a grant to 1 a Federal Bar Association chapter of which an officer, di- 2 rector, or member may be a member. This subsection also 3 does not prevent the payment of reasonable compensation 4 to the corporation’s employees for services undertaken on 5 behalf of the corporation. 6 ‘‘(d) LOANS.—The corporation may not make a loan 7 to a director, officer, member, or employee. 8 ‘‘(e) IMMUNITY FROM LIABILITY.—Members and pri- 9 vate individuals are not liable for the obligations of the 10 corporation. 11 ‘‘(f) CLAIM OF GOVERNMENTAL APPROVAL OR AU- 12 THORITY.—The corporation may not claim congressional 13 approval or the authority of the United States Govern- 14 ment for any of its activities; it may, however, acknowl- 15 edge this charter.’’. 16 SEC. 6. PRINCIPAL OFFICE. 17 Section 70508 of title 36, United States Code, is 18 amended by striking ‘‘the District of Columbia,’’ and in- 19 serting ‘‘a United States location decided by the board of 20 directors and specified in the bylaws,’’. 21 SEC. 7. SERVICE OF PROCESS. 22 Section 70510 of title 36, United States Code, is 23 amended to read as follows: 24 VerDate Sep 11 2014 08:24 Jun 25, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2679.RFS H2679 kjohnson on DSK79L0C42PROD with BILLS 5 HR 2679 RFS ‘‘§ 70510. Service of process 1 ‘‘The corporation shall comply with the law on service 2 of process of the State or District in which it is incor- 3 porated.’’. 4 SEC. 8. DEPOSIT OF ASSETS ON DISSOLUTION OR FINAL 5 LIQUIDATION. 6 Section 70512 of title 36, United States Code, is 7 amended to read as follows: 8 ‘‘§ 70512. Deposit of assets on dissolution or final liq- 9 uidation 10 ‘‘On dissolution or final liquidation of the corpora- 11 tion, any assets of the corporation remaining after the dis- 12 charge of all liabilities shall be distributed as provided by 13 the board of directors, but in compliance with the charter 14 and bylaws.’’. 15 SEC. 9. DETERMINATION OF BUDGETARY EFFECTS. 16 The budgetary effects of this Act, for the purpose of 17 complying with the Statutory Pay-As-You-Go Act of 2010, 18 shall be determined by reference to the latest statement 19 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 20 Act, submitted for printing in the Congressional Record 21 by the Chairman of the House Budget Committee, pro- 22 VerDate Sep 11 2014 08:24 Jun 25, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2679.RFS H2679 kjohnson on DSK79L0C42PROD with BILLS 6 HR 2679 RFS vided that such statement has been submitted prior to the 1 vote on passage. 2 Passed the House of Representatives June 23, 2021. Attest: CHERYL L. JOHNSON, Clerk. VerDate Sep 11 2014 08:24 Jun 25, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2679.RFS H2679 kjohnson on DSK79L0C42PROD with BILLS