Foundation of the Federal Bar Association Charter Amendments Act of 2017

Floor Speech

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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.

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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.

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