Foundation of the Federal Bar Association Charter Amendments Act of 2017

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.

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. Speaker, I yield 2 minutes to the gentleman from Rhode Island (Mr. Cicilline).

Mr. Speaker, I yield an additional 30 seconds to the gentleman from Rhode Island.

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. 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.

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.

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. Speaker, I yield such time as he may consume to the gentleman from Ohio (Mr. Chabot), chairman of the Small Business Committee.

Mr. Speaker, I reserve the balance of my time.

Mr. Speaker, I urge my colleagues to support this legislation, and I yield back the balance of my time.

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.

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. Speaker, I rise in strong support of H.R. 4100, the Foundation of the Federal Bar Association Charter Amendments Act of 2017.

H.R. 4100 amends title 36 of the United States Code to revise the Federal charter for the Foundation of the Federal Bar Association, to prohibit the use of race, color, religion, sex, disability, age, sexual orientation, or national origin in determining eligibility for service as an officer or director.

The Federal Bar Association is the nation's premiere association for practitioners of federal law and as such should 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 and when gender identity is an enumerated protected characteristic in the law, transgender people will be protected from discrimination.

Discrimination on the basis of gender identity is a form of sex discrimination, and laws prohibiting discrimination on the basis of sex protect transgender people.

Numerous federal circuit and district courts opinions have held that our nation's nondiscrimination laws that prohibit discrimination on the basis of sex protect transgender people from discrimination, including Title VII of the Civil Rights Act of 1964, the Equal Credit Opportunity Act, and Title IX of the Education Amendments of 1972.

The EEOC 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.

Our laws work best when there are clear expectations.

While gender identity will be covered by the sex nondiscrimination provision, it is better to enumerate gender identity.

Listing out protected characteristics helps those making determinations about membership understand their obligations and those seeking membership understand their rights.

By passing H.R. 4100, we can prevent discrimination by ensuring gender identity is a protected characteristic.

I urge my colleagues to join me in voting for H.R. 4100.

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.