2 U.S.C. § 804 — Administration

Page 227 TITLE 2—THE CONGRESS § 806 the Congressional Award Board, was repealed by Pub. L. 99–161, § 5, Nov. 25, 1985, 99 Stat. 936. § 804. Administration (a) Director; status; appointment and term; re- moval In the administration of the Congressional Award Program, the Board shall be assisted by a Director, who shall be the principal executive of the program and who shall supervise the af- fairs of the Board. The Director shall be ap- pointed by a majority vote of the Board, and shall serve for such term as the Board may de- termine. The Director may be removed by a ma- jority vote of the Board. (b) Functions of Director The Director shall, in consultation with the Board— (1) formulate programs to carry out the poli- cies of the Congressional Award Program; (2) establish such divisions within the Con- gressional Award Program as may be appro- priate; and (3) employ and provide for the compensation of such personnel as may be necessary to carry out the Congressional Award Program, subject to such policies as the Board shall prescribe under its bylaws. (c) Requirements regarding financial operations; noncompliance with requirements (1) The Director shall, in consultation with the Board, ensure that appropriate policies and pro- cedures for fiscal control and accounting are es- tablished for the financial operations of the Con- gressional Award Program, and that such oper- ations are administered by personnel with ex- pertise in accounting and financial manage- ment. Such personnel may be retained under contract. In carrying out this paragraph, the Di- rector shall ensure that the liabilities of the Board do not in any fiscal year exceed the assets of the Board. (2)(A) The independent public accountant con- ducting the annual audit of the financial records of the Board pursuant to section 807(a) of this title shall determine for each fiscal year wheth- er the Director has substantially complied with paragraph (1). The findings made by the inde- pendent public accountant under the preceding sentence shall be included in the reports sub- mitted under section 807(b) of this title. (B) If the Director fails to substantially com- ply with paragraph (1), the Board shall instruct the Director to take such actions as may be nec- essary to correct such deficiencies, and shall re- move and replace the Director if such defi- ciencies are not promptly corrected. (Pub. L. 96–114, title I, § 104, formerly § 5, Nov. 16, 1979, 93 Stat. 853; Pub. L. 102–457, § 2, Oct. 23, 1992, 106 Stat. 2265; Pub. L. 104–208, div. A, title V, § 5401(a), Sept. 30, 1996, 110 Stat. 3009–511; Pub. L. 106–63, § 1(c), Oct. 1, 1999, 113 Stat. 510; renum- bered title I, § 104, Pub. L. 106–533, § 1(b)(1), (2), Nov. 22, 2000, 114 Stat. 2553; Pub. L. 109–143, § 1(a), (c)(2), Dec. 22, 2005, 119 Stat. 2659; Pub. L. 111–200, § 2(c), July 7, 2010, 124 Stat. 1369; Pub. L. 113–188, title IX, § 902(c)(2), Nov. 26, 2014, 128 Stat. 2021.) Editorial Notes AMENDMENTS 2014—Subsec. (c)(1). Pub. L. 113–188, § 902(c)(2)(A), in- serted ‘‘policies and’’ before ‘‘procedures’’ and struck out ‘‘fund’’ before ‘‘accounting are established’’. Subsec. (c)(2)(A). Pub. L. 113–188, § 902(c)(2)(B), sub- stituted ‘‘The independent public accountant con- ducting the annual audit of the financial records of the Board pursuant to section 807(a) of this title’’ for ‘‘The Comptroller General of the United States’’ and ‘‘the independent public accountant’’ for ‘‘the Comptroller General’’. 2010—Subsec. (c)(1). Pub. L. 111–200, § 2(c)(1), which di- rected substitution of ‘‘in any fiscal year’’ for ‘‘, in any calendar year,’’ in third sentence, was executed by making the substitution for ‘‘, for any calendar year,’’ to reflect the probable intent of Congress. Subsec. (c)(2). Pub. L. 111–200, § 2(c)(2), added par. (2) and struck out former par. (2) which read as follows: ‘‘(2)(A) The Comptroller General of the United States shall determine, for calendar years 1993, 1994, 1995, 1996, 1997, 1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, and 2009, whether the Director has substantially complied with paragraph (1). The findings made by the Comptroller General under the preceding sentence shall be included in the first report submitted under section 807(b) of this title after December 31, 1994. ‘‘(B) If the Director fails to substantially comply with paragraph (1), the Board shall take such actions as may be necessary to prepare, pursuant to section 808 of this title, for the orderly cessation of the activities of the Board.’’ 2005—Subsec. (c)(2)(A). Pub. L. 109–143 inserted comma after ‘‘1993’’ and substituted ‘‘2004, 2005, 2006, 2007, 2008, and 2009’’ for ‘‘and 2004’’. 1999—Subsec. (c)(2)(A). Pub. L. 106–63 substituted ‘‘1998, 1999, 2000, 2001, 2002, 2003, and 2004’’ for ‘‘and 1998’’. 1996—Subsec. (c)(2)(A). Pub. L. 104–208 substituted ‘‘1994, 1995, 1996, 1997, and 1998’’ for ‘‘and 1994’’. 1992—Subsec. (c). Pub. L. 102–457 added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2014 AMENDMENT Pub. L. 113–188, title IX, § 902(c)(3), Nov. 26, 2014, 128 Stat. 2022, provided that: ‘‘The amendments made by this subsection [amending this section and section 807 of this title] shall take effect on October 1, 2014.’’ § 805. Regional award directors of program; ap- pointment criteria Regional award directors may be appointed by the Board, upon recommendation of the Direc- tor, for any State or other appropriate geo- graphic area of the United States. The Director shall make such recommendations with respect to a State or geographic area only after solic- iting recommendations regarding such appoint- ments from public and private youth organiza- tions within such State or geographic area. (Pub. L. 96–114, title I, § 105, formerly § 6, Nov. 16, 1979, 93 Stat. 853; renumbered title I, § 105, Pub. L. 106–533, § 1(b)(1), (2), Nov. 22, 2000, 114 Stat. 2553.) § 806. Powers, functions, and limitations (a) General operating and expenditure authority Subject to such limitations as may be pro- vided for under this section, the Board may take such actions and make such expenditures as may be necessary to carry out the Congressional Award Program, except that— (1) the Board shall carry out its functions and make expenditures with—