Foundation of the Federal Bar Association Charter Amendments Act of 2019

Bill: 116-hr-1663
Sponsor: full_name: Rep. Chabot, Steve [R-OH-1]
Introduced: 2019-03-11
Policy area: Law
Subjects: District of Columbia

Federally chartered organizations

Lawyers and legal services
Latest action: action_date: 2019-11-14
text: Received in the Senate and Read twice and referred to the Committee on the Judiciary.

Summaries:
action_date: 2019-03-11
action_desc: Introduced in House
text: <p><b>Foundation of the Federal Bar Association Charter Amendments Act of 2019</b> <p>This bill revises the federal charter for the Foundation of the Federal Bar Association.</p> <p>Specifically, it makes the following changes:</p> <ul> <li>eliminates the provision that requires the foundation to be incorporated and domiciled in the District of Columbia;</li> <li>requires the board of directors to decide, and specify in the bylaws, the location of the principal office;</li> <li>specifies that the bylaws&#8212;not the charter&#8212;must provide for the terms of membership, the responsibilities of the board of directors, and the election of officers;</li> <li>prohibits a director or officer, in his or her corporate capacity, from contributing to, supporting, or participating in political activities;</li> <li>allows income and assets of the corporation to be used to reasonably compensate or reimburse expenses of an officer, director, or member; to award a grant to the Federal Bar Association chapter of an officer, director, or member; and to reasonably compensate employees; </li> <li>expands a prohibition on loans for directors and officers to include members and employees; and </li> <li>specifies that on dissolution or final liquidation, any remaining assets must be distributed as provided by the board of directors instead of deposited in the Treasury. </li> </ul>

action_date: 2019-11-13
action_desc: Passed House
text: <p><b>Foundation of the Federal Bar Association Charter Amendments Act of 2019</b> </p> <p>This bill revises the federal charter for the Foundation of the Federal Bar Association.</p> <p>Specifically, it makes the following changes:</p> <ul> <li>eliminates the provision that requires the foundation to be incorporated and domiciled in the District of Columbia;</li> <li>requires the board of directors to decide, and specify in the bylaws, the location of the principal office;</li> <li>specifies that the bylaws&#8212;not the charter&#8212;must provide for the terms of membership, the responsibilities of the board of directors, and the election of officers;</li> <li>prohibits a director or officer, in his or her corporate capacity, from contributing to, supporting, or participating in political activities;</li> <li>allows income and assets of the corporation to be used to reasonably compensate or reimburse expenses of an officer, director, or member; to award a grant to the Federal Bar Association chapter of an officer, director, or member; and to reasonably compensate employees; </li> <li>expands a prohibition on loans for directors and officers to include members and employees; and </li> <li>specifies that on dissolution or final liquidation, any remaining assets must be distributed as provided by the board of directors instead of deposited in the Treasury. </li> </ul>

tv_txt: I 116th CONGRESS 1st Session H. R. 1663 IN THE HOUSE OF REPRESENTATIVES March 11, 2019 Mr. Chabot (for himself and Mr. Raskin ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To 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 2019 . 2. Organization Section 70501 of title 36, United States Code, is amended by striking subsection (b) and 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. . 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 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. . 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. . 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 as provided by the board of directors, but in compliance with the charter and bylaws. .

tv_txt: I 116th CONGRESS 1st Session H. R. 1663 IN THE HOUSE OF REPRESENTATIVES AN ACT To 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 2019 . 2. Organization Section 70501 of title 36, United States Code, is amended by striking subsection (b) and 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. . 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 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. . 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. . 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 as provided by the board of directors, but in compliance with the charter and bylaws. .

Passed the House of Representatives November 13, 2019. Cheryl L. Johnson, Clerk.

tv_txt: IIB 116th CONGRESS 1st Session H. R. 1663 IN THE SENATE OF THE UNITED STATES November 14, 2019 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.

1. Short title This Act may be cited as the Foundation of the Federal Bar Association Charter Amendments Act of 2019 . 2. Organization Section 70501 of title 36, United States Code, is amended by striking subsection (b) and 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. . 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 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. . 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. . 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 as provided by the board of directors, but in compliance with the charter and bylaws. .

Passed the House of Representatives November 13, 2019. Cheryl L. Johnson, Clerk.