[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2694 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 2694
To amend title 36, United States Code, to revise the Federal charter
for the Foundation of the Federal Bar Association.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 27, 2023
Mr. Kennedy (for himself and Mr. Whitehouse) introduced the following
bill; which was read twice and 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.
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 2023''.
SEC. 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).
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.''; and
(2) by redesignating subsection (c) as subsection (b).
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.''.
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.--
``(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.''.
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--
``(a) as provided by the board of directors; and
``(b) in compliance with the charter and bylaws.''.
SEC. 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.
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