2 U.S.C. § 806 — Powers, functions, and limitations

Page 227 TITLE 2—THE CONGRESS § 806 the Congressional Award Board, was repealed by Pub.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— Page 228 TITLE 2—THE CONGRESS § 806 (A) such resources as are available to the Board from sources other than the Federal Government; and (B) funds awarded in any grant program administered by a Federal agency in accord- ance with the law establishing that grant program. (2) the Board shall not take any actions which would disqualify the Board from treat- ment (for tax purposes) as an organization de- scribed in section 501(c)(3) of title 26. (b) Mandatory functions (1) The Board shall establish such functions and procedures as may be necessary to carry out the provisions of this chapter. (2) The functions established by the Board under paragraph (1) shall include— (A) communication with local Congressional Award Councils concerning the Congressional Award Program; (B) provision, upon the request of any local Congressional Award Council, of such tech- nical assistance as may be necessary to assist such council with its responsibilities, includ- ing the provision of medals, the preparation and provision of applications, guidance on dis- position of applications, arrangements with respect to local award ceremonies, and other responsibilities of such council; (C) conduct of outreach activities to estab- lish new local Congressional Award Councils, particularly in inner-city areas and rural areas; (D) in addition to those activities authorized under subparagraph (C), conduct of outreach activities to encourage, where appropriate, the establishment and development of Statewide Congressional Award Councils; (E) fundraising; (F) conduct of an annual Gold Medal Awards ceremony in the District of Columbia; (G) consideration of implementation of the provisions of this chapter relating to scholar- ships; and (H) carrying out of duties relating to man- agement of the national office of the Congres- sional Award Program, including supervision of office personnel and of the office budget. (c) Statewide Congressional Award Councils; es- tablishment, purposes, duties, etc. (1) In carrying out its functions with respect to Statewide Congressional Award Councils (hereinafter in this subsection referred to as Statewide Councils) under subsection (b), the Board shall develop guidelines, criteria, and standards for the formation of Statewide Coun- cils. In order to create a Statewide Council, Members of Congress and Senators from each re- spective State are encouraged to work jointly with the Board. (2) The establishment of Statewide Councils is intended to— (A) facilitate expanded public participation and involvement in the program; and (B) promote greater opportunities for in- volvement by members of the State congres- sional delegation. (3) The duties and responsibilities of each Statewide Council established pursuant to this section shall include, but not be limited to, the following: (A) promoting State and local awareness of the Congressional Award Program; (B) review of participant records and activi- ties; (C) review and verification of information on, and recommendation of, candidates to the national board for approval; (D) planning and organization of bronze and silver award ceremonies; (E) assisting gold award recipients with travel to and from the national gold award ceremony; and (F) designation of a Statewide coordinator to serve as a liaison between the State and local boards and the national board. (4) Each Statewide Council established under this section may receive contributions, and use such contributions for the purposes of the Pro- gram. The Board shall adopt appropriate finan- cial management methods in order to ensure the proper accounting of these funds. Each State- wide Council shall comply with subsections (a), (d), (e), and (h) governing the Board. (5) Each Statewide Council established pursu- ant to this section shall comply with the stand- ard charter requirements of the national board of directors. (d) Contracting authority The Board may enter into and perform such contracts as may be appropriate to carry out its business, but the Board may not enter into any contract which would obligate the Board to ex- pend an amount greater than the amount avail- able to the Board for the purpose of such con- tract during the fiscal year in which the expend- iture is to be made. (e) Obtaining and acceptance of non-Federal funds and resources; indirect resources (1) Subject to the provisions of paragraph (2), the Board may seek and accept funds and other resources to carry out its activities. The Board may not accept any funds or other resources which are— (A) donated with a restriction on their use unless such restriction merely provides that such funds or other resources be used in fur- therance of the Congressional Award Program or a specific regional or local program or for scholarships; and (B) donated subject to the condition that the identity of the donor of the funds or resources shall remain anonymous. The Board may permit donors to use the name of the Board or the name ‘‘Congressional Award Program’’ in advertising. (2) Except as otherwise provided in this chap- ter, the Board may not receive any Federal funds or resources. The Board may benefit from in-kind and indirect resources provided by Of- fices of Members of Congress or the Congress. Further, the Board is not prohibited from re- ceiving indirect benefits from efforts or activi- ties undertaken in collaboration with entities which receive Federal funds or resources. (f) Acceptance and utilization of services of vol- untary, uncompensated personnel The Board may accept and utilize the services of voluntary, uncompensated personnel. Page 229 TITLE 2—THE CONGRESS § 806 (g) Lease, etc., of real or personal property The Board may lease (or otherwise hold), ac- quire, or dispose of real or personal property necessary for, or relating to, the duties of the Board. (h) Fiscal authority The Board shall have no power— (1) to issue bonds, notes, debentures, or other similar obligations creating long-term indebtedness; (2) to issue any share of stock or to declare or pay any dividends; or (3) to provide for any part of the income or assets of the Board to inure to the benefit of any director, officer, or employee of the Board except as reasonable compensation for services or reimbursement for expenses. (i) Congressional Award Foundation (1) The Board shall provide for the incorpora- tion of a nonprofit corporation to be known as the Congressional Award Foundation (together with any subsidiary nonprofit corporations de- termined desirable by the Board, collectively re- ferred to in this subchapter as the ‘‘Corpora- tion’’) for the sole purpose of assisting the Board to carry out the Congressional Award Program, and shall delegate to the Corporation such du- ties as it considers appropriate, including the employment of personnel, expenditure of funds, and the incurrence of financial or other contrac- tual obligations. (2) The articles of incorporation of the Con- gressional Award Foundation shall provide that— (A) the members of the Board of Directors of the Foundation shall be the members of the Board, with up to 24 additional voting mem- bers appointed by the Board, and the Director who shall serve as a nonvoting member; and (B) the extent of the authority of the Foun- dation shall be the same as that of the Board. (3) No director, officer, or employee of any cor- poration established under this subsection may receive compensation, travel expenses, or bene- fits from both the Corporation and the Board. (Pub. L. 96–114, title I, § 106, formerly § 7, Nov. 16, 1979, 93 Stat. 854; Pub. L. 99–161, § 4(f), Nov. 25, 1985, 99 Stat. 935; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 100–674, § 2(c), Nov. 17, 1988, 102 Stat. 3996; Pub. L. 101–525, § 7, Nov. 6, 1990, 104 Stat. 2306; renumbered title I, § 106, Pub. L. 106–533, § 1(b)(1), (2), Nov. 22, 2000, 114 Stat. 2553; Pub. L. 111–200, § 2(d)–(g), July 7, 2010, 124 Stat. 1369.) Editorial Notes AMENDMENTS 2010—Subsec. (a)(1). Pub. L. 111–200, § 2(d), added par. (1) and struck out former par. (1) which read as follows: ‘‘the Board shall carry out its functions and make ex- penditures with only such resources as are available to the Board from sources other than the Federal Govern- ment; and’’. Subsec. (c)(4). Pub. L. 111–200, § 2(e), added par. (4) and struck out former par. (4) which read as follows: ‘‘Each Statewide Council established pursuant to this section is authorized to receive public monetary and in-kind contributions, which may be made available to local boards to supplement or defray operating expenses. The Board shall adopt appropriate financial management methods in order to ensure the proper accounting of these funds.’’ Subsec. (d). Pub. L. 111–200, § 2(f)(1), inserted ‘‘to be’’ after ‘‘expenditure is’’. Subsec. (e)(1)(A). Pub. L. 111–200, § 2(f)(2), inserted ‘‘or for scholarships’’ after ‘‘local program’’. Subsec. (i). Pub. L. 111–200, § 2(g), added subsec. (i) and struck out former subsec. (i) which read as follows: ‘‘(1) The Board shall provide for the establishment of a private nonprofit corporation for the sole purpose of assisting the Board to carry out the Congressional Award Program, and shall delegate to the corporation such duties as it considers appropriate. ‘‘(2) The articles of incorporation of the corporation established under this subsection shall provide that— ‘‘(A) the members of the Board of Directors of the corporation shall be the members of the Board, and the Director of the corporation shall be the Director of the Board; and ‘‘(B) the extent of the authority of the corporation shall be the same as that of the Board. ‘‘(3) No director, officer, or employee of any corpora- tion established under this subsection may receive compensation, travel expenses, or benefits from both the corporation and the Board.’’ 1990—Subsec. (a). Pub. L. 101–525, § 7(a), which di- rected the insertion of ‘‘(a)’’ after the section designa- tion, was not executed in view of existing subsec. (a) designation. Subsec. (b)(2)(C). Pub. L. 101–525, § 7(b)(1)(A), sub- stituted ‘‘conduct’’ for ‘‘conducting’’ and struck out ‘‘State and’’ after ‘‘new’’. Subsec. (b)(2)(D), (E). Pub. L. 101–525, § 7(b)(1)(B), added subpar. (D) and redesignated former subpar. (D) as (E). Former subpar. (E) redesignated (F). Subsec. (b)(2)(F). Pub. L. 101–525, § 7(b)(1)(B), (C), re- designated subpar. (E) as (F) and substituted ‘‘conduct’’ for ‘‘conducting’’. Former subpar. (F) redesignated (G). Subsec. (b)(2)(G), (H). Pub. L. 101–525, § 7(b)(1)(B), re- designated subpars. (F) and (G) as (G) and (H), respec- tively. Subsecs. (c), (d). Pub. L. 101–525, § 7(b)(2), added sub- sec. (c). Former subsecs. (c) and (d) redesignated (d) and (e), respectively. Subsec. (e). Pub. L. 101–525, § 7(b)(2), (c), redesignated subsec. (d) as (e) and amended it generally. Prior to amendment, subsec. (e) read as follows: ‘‘The Board may seek and accept, from sources other than the Fed- eral Government, funds and other resources to carry out its activities. The Board may not accept any funds or other resources which are— ‘‘(1) donated with a restriction on their use unless such restriction merely provides that such funds or other resources be used in furtherance of the Congres- sional Award Program; or ‘‘(2) donated subject to the condition that the iden- tity of the donor of the funds or resources shall re- main anonymous. The Board may permit donors to use the name of the Board or the name ‘Congressional Award Program’ in advertising.’’ Former subsec. (e) redesignated (f). Subsecs. (f) to (i). Pub. L. 101–525, § 7(b)(2), redesig- nated subsecs. (e) to (h) as (f) to (i), respectively. 1988—Pub. L. 100–674, § 2(c)(1), substituted ‘‘Powers, functions, and limitations’’ for ‘‘Powers and limita- tions of Board’’ in section catchline. Subsecs. (b) to (h). Pub. L. 100–674, § 2(c)(2), added sub- sec. (b) and redesignated former subsecs. (b) to (g) as (c) to (h), respectively. 1986—Subsec. (a)(2). Pub. L. 99–514 substituted ‘‘Inter- nal Revenue Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’, which for purposes of codification was trans- lated as ‘‘title 26’’ thus requiring no change in text. 1985—Subsec. (c). Pub. L. 99–161 inserted at end ‘‘The Board may permit donors to use the name of the Board or the name ‘Congressional Award Program’ in adver- tising.’’ Page 230 TITLE 2—THE CONGRESS § 807 § 807. Audits (a) Contracts with independent public account- ant The Board shall enter into a contract with an independent public accountant to conduct an annual audit in accordance with generally ac- cepted government auditing standards, of the fi- nancial records of the Board and of any corpora- tion established under section 806(i) of this title, and shall ensure that the independent public ac- countant has access for the purpose of the audit to any books, documents, papers, and records of the Board or such corporation (or any agent of the Board or such corporation) which the inde- pendent public accountant reasonably deter- mines to be pertinent to the Congressional Award Program. (b) Annual report to Congress on audit results Not later than May 15 of each calendar year, the Board shall submit to appropriate officers, committees, and subcommittees of Congress and to the Comptroller General of the United States a report on the results of the most recent audit conducted pursuant to this section, and shall in- clude in the report information on any such ad- ditional areas as the independent public ac- countant who conducted the audit determines deserve or require evaluation. (c) Review by the Comptroller General of annual audit (1) The Comptroller General of the United States shall review each annual audit conducted under subsection (a). (2) For purposes of a review under paragraph (1), the Comptroller General, or any duly au- thorized representative of the Comptroller Gen- eral, shall have access to any books, documents, papers, and records of the Board or such cor- poration, or any agent of the Board or such cor- poration, including the independent external auditor designated under subsection (a), which, in the opinion of the Comptroller General, may be pertinent. (3) Not later than 180 days after the date on which the Comptroller General receives a report under subsection (b), the Comptroller General shall submit to Congress a report containing the results of the review conducted under paragraph (1) with respect to the preceding year. (Pub. L. 96–114, title I, § 107, formerly § 8, Nov. 16, 1979, 93 Stat. 855; Pub. L. 99–161, § 4(g), Nov. 25, 1985, 99 Stat. 935; Pub. L. 100–674, § 2(e), Nov. 17, 1988, 102 Stat. 3998; Pub. L. 101–525, § 8, Nov. 6, 1990, 104 Stat. 2308; renumbered title I, § 107, Pub. L. 106–533, § 1(b)(1), (2), Nov. 22, 2000, 114 Stat. 2553; Pub. L. 113–188, title IX, § 902(c)(1), Nov. 26, 2014, 128 Stat. 2021.) Editorial Notes AMENDMENTS 2014—Pub. L. 113–188 amended section generally. Prior to amendment, section related to annual audits and re- ports by the Comptroller General. 1990—Subsec. (a). Pub. L. 101–525, § 8(1), substituted ‘‘section 806(i) of this title’’ for ‘‘section 806(h) of this title’’ and ‘‘annually’’ for ‘‘at least biennially’’. Subsec. (b). Pub. L. 101–525, § 8(2), added subsec. (b) and struck out former subsec. (b) which required audit to assess adequacy of fiscal control and funds account- ability procedures and propriety of expenses. Subsecs. (c), (d). Pub. L. 101–525, § 8(2), struck out sub- sec. (c) which required the Comptroller General to in- clude in report on first audit performed after Nov. 25, 1985, an evaluation of programs and activities under this chapter and specified contents of such evaluation, and subsec. (d) which directed that report on first audit performed after Nov. 25, 1985, was to be submitted on or before May 15, 1988. 1988—Subsec. (a). Pub. L. 100–674 substituted ‘‘section 806(h)’’ for ‘‘section 806(g)’’. 1985—Pub. L. 99–161, § 4(g)(1), inserted ‘‘and evalua- tion’’ after ‘‘Audits’’ in section catchline. Subsec. (a). Pub. L. 99–161, § 4(g)(2)–(4), designated ex- isting provisions as subsec. (a), substituted ‘‘shall be audited at least biennially’’ for ‘‘may be audited’’, and struck out ‘‘at such times as the Comptroller General may determine to be appropriate’’ after ‘‘referred to as the ‘Comptroller General’)’’. Subsecs. (b) to (d). Pub. L. 99–161, § 4(g)(5), added sub- secs. (b) to (d). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2014 AMENDMENT Amendment by Pub. L. 113–188 effective Oct. 1, 2014, see section 902(c)(3) of Pub. L. 113–188, set out as a note under section 804 of this title. § 808. Termination The Board shall terminate October 1, 2023. (Pub. L. 96–114, title I, § 108, formerly § 9, Nov. 16, 1979, 93 Stat. 855; Pub. L. 99–161, § 3, Nov. 25, 1985, 99 Stat. 934; Pub. L. 100–674, § 2(d), Nov. 17, 1988, 102 Stat. 3997; Pub. L. 101–525, § 2(a), Nov. 6, 1990, 104 Stat. 2305; Pub. L. 102–457, § 3, Oct. 23, 1992, 106 Stat. 2266; Pub. L. 104–208, div. A, title V, § 5401(b), Sept. 30, 1996, 110 Stat. 3009–511; Pub. L. 106–63, § 1(d), Oct. 1, 1999, 113 Stat. 510; renum- bered title I, § 108, Pub. L. 106–533, § 1(b)(1), (2), Nov. 22, 2000, 114 Stat. 2553; Pub. L. 109–143, § 1(b)(1), Dec. 22, 2005, 119 Stat. 2659; Pub. L. 111–200, § 2(h)(1), July 7, 2010, 124 Stat. 1370; Pub. L. 113–43, § 2, Oct. 4, 2013, 127 Stat. 554; Pub. L. 115–268, § 2(a), Oct. 11, 2018, 132 Stat. 3762.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–268 substituted ‘‘October 1, 2023’’ for ‘‘October 1, 2018’’. 2013—Pub. L. 113–43 substituted ‘‘October 1, 2018’’ for ‘‘October 1, 2013’’. 2010—Pub. L. 111–200 substituted ‘‘October 1, 2013’’ for ‘‘October 1, 2009’’. 2005—Pub. L. 109–143 substituted ‘‘October 1, 2009’’ for ‘‘October 1, 2004’’. 1999—Pub. L. 106–63 substituted ‘‘October 1, 2004’’ for ‘‘October 1, 1999’’. 1996—Pub. L. 104–208 substituted ‘‘1999’’ for ‘‘1995’’. 1992—Pub. L. 102–457 substituted ‘‘1995’’ for ‘‘1992’’. 1990—Pub. L. 101–525 amended section generally, sub- stituting present provision for provisions which had: in subsec. (a) directed that the Board terminate on Nov. 15, 1989; in subsec. (b) provided for alternative termi- nation dates; in subsec. (c) required reports to Con- gress; in subsecs. (d) and (e) required certification of compliance and verification of information, respec- tively; and in subsec. (f) mandated dissolution of cor- porations established by the Board prior to its termi- nation. 1988—Pub. L. 100–674 amended section generally. Prior to amendment, section read as follows: ‘‘The Board shall terminate on November 16, 1988. Upon termi- nation of the Board, the Board shall take such actions