22 U.S.C. § 4605 — Board of Directors

Page 1598 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4605 with, a foreign government, any agency or instrumen- tality of such government, any international organiza- tion, or any foreign national, except that the Institute may accept the payment of tuition by foreign nationals for instruction provided by the Institute. For purposes of this paragraph, the term— ‘‘(A) ‘foreign national’ means— ‘‘(i) a natural person who is a citizen of a foreign country or who owes permanent allegiance to a for- eign country; and ‘‘(ii) a corporation or other legal entity in which natural persons who are nationals of a foreign country own, directly or indirectly, more than 50 percent of the outstanding capital stock or other beneficial interest in such legal entity; and ‘‘(B) ‘person’ means a natural person, partnership, association, other unincorporated body, or corpora- tion.’’ Subsec. (h)(3). Pub. L. 102–325, § 1554(c)(2), substituted at end ‘‘individual, except such Institute or legal entity may accept such a gift or contribution to—’’ for ‘‘indi- vidual.’’ and added subpars. (A) and (B). 1990—Subsec. (b)(9), (10). Pub. L. 101–520, § 319(a)(1), re- designated par. (10) as (9) and struck out former par. (9) which read as follows: ‘‘recommend to the Congress the establishment of a United States Medal of Peace to be awarded under such procedures as the Congress may de- termine, except that no person associated with the In- stitute may receive the United States Medal of Peace; and’’. Subsecs. (c) to (o). Pub. L. 101–520, § 319(a)(2), (3), added subsec. (c) and redesignated former subsecs. (c) to (n) as (d) to (o), respectively. 1988—Subsec. (b)(3). Pub. L. 100–418 made technical amendment to directory language of Pub. L. 100–50, see 1987 Amendment note below. 1987—Subsec. (b)(3). Pub. L. 100–50, as amended by Pub. L. 100–418, inserted ‘‘establish a Jeannette Rankin Research Program on Peace to’’ before ‘‘conduct re- search’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Education and Labor of House of Rep- resentatives changed to Committee on Education and the Workforce of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023. Committee on Labor and Human Resources of Senate changed to Committee on Health, Education, Labor, and Pensions of Senate by Senate Resolution No. 20, One Hundred Sixth Congress, Jan. 19, 1999. EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105–244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105–244, see sec- tion 3 of Pub. L. 105–244, set out as a note under section 1001 of Title 20, Education. EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–325 effective Oct. 1, 1992, see section 2 of Pub. L. 102–325, set out as a note under section 1001 of Title 20, Education. EFFECTIVE DATE OF 1987 AMENDMENT Amendment by Pub. L. 100–50 effective as if enacted as part of the Higher Education Amendments of 1986, Pub. L. 99–498, see section 27 of Pub. L. 100–50, set out as a note under section 1001 of Title 20, Education. TRANSFER OF FUNCTIONS United States Arms Control and Disarmament Agen- cy abolished and functions transferred to Secretary of State, see sections 6511 and 6512 of this title. § 4605. Board of Directors (a) Vested powers The powers of the Institute shall be vested in a Board of Directors unless otherwise specified in this chapter. (b) Membership The Board shall consist of fifteen voting mem- bers as follows: (1) The Secretary of State (or if the Sec- retary so designates, another officer of the De- partment of State who was appointed with the advice and consent of the Senate). (2) The Secretary of Defense (or if the Sec- retary so designates, another officer of the De- partment of Defense who was appointed with the advice and consent of the Senate). (3) The president of the National Defense University (or if the president so designates, the vice president of the National Defense Uni- versity). (4) Twelve individuals appointed by the President, by and with the advice and consent of the Senate. (c) Political affiliation Not more than eight voting members of the Board (including members described in para- graphs (1) through (4) of subsection (b)) may be members of the same political party. (d) Qualifications (1) Each individual appointed to the Board under subsection (b)(4) shall have appropriate practical or academic experience in peace and conflict resolution efforts of the United States. (2) Officers and employees of the United States Government may not be appointed to the Board under subsection (b)(4). (e) Term of office: commencement and termi- nation, interim and remainder service, limi- tation (1) Members of the Board appointed under sub- section (b)(4) shall be appointed to four year terms, except that— (A) the term of six of the members initially appointed shall be two years, as designated by the President at the time of their nomination; (B) a member may continue to serve until his or her successor is appointed; and (C) a member appointed to replace a member whose term has not expired shall be appointed to serve the remainder of that term. (2) The terms of the members of the Board ini- tially appointed under subsection (b)(4) shall begin on January 20, 1985, and subsequent terms shall begin upon the expiration of the preceding term, regardless of when a member is appointed to fill that term. (3) The President may not nominate an indi- vidual for appointment to the Board under sub- section (b)(4) prior to January 20, 1985, but shall submit the names of eleven nominees for initial Board membership under subsection (b)(4) not later than ninety days after that date. If the Senate rejects such a nomination or if such a nomination is withdrawn, the President shall submit the name of a new nominee within fif- teen days. (4) An individual appointed as a member of the Board under subsection (b)(4) may not be ap- pointed to more than two terms on the Board. Page 1599 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4605 1 See References in Text note below. (5) The term of a member of the Board shall not commence until the member is confirmed by the Senate and sworn in as a member of the Board. (f) Removal from office A member of the Board appointed under sub- section (b)(4) may be removed by the President— (1) in consultation with the Board, for con- viction of a felony, malfeasance in office, per- sistent neglect of duties, or inability to dis- charge duties; (2) upon the recommendation of eight voting members of the Board; or (3) upon the recommendation of a majority of the members of the Committee on Foreign Affairs and the Committee on Education and Labor of the House of Representatives and a majority of the members of the Committee on Foreign Relations and the Committee on Labor and Human Resources of the Senate. A recommendation made in accordance with paragraph (2) may be made only pursuant to ac- tion taken at a meeting of the Board, which may be closed pursuant to the procedures of sub- section (h)(3). Only members who are present may vote. A record of the vote shall be main- tained. The President shall be informed imme- diately by the Board of the recommendation. (g) Conflict of interests No member of the Board may participate in any decision, action, or recommendation with respect to any matter which directly and finan- cially benefits the member or pertains specifi- cally to any public body or any private or non- profit firm or organization with which the mem- ber is then formally associated or has been for- mally associated within a period of two years, except that this subsection shall not be con- strued to prohibit an ex officio member of the Board from participation in actions of the Board which pertain specifically to the public body of which that member is an officer. (h) Meetings; Chairman; Vice Chairman; quorum; notice in Federal Register; closure Meetings of the Board shall be conducted as follows: (1) The President shall stipulate by name the nominee who shall be the first Chairman of the Board. The first Chairman shall serve for a term of three years. Thereafter, the Board shall elect a Chairman every three years from among the directors appointed by the President under subsection (b)(4) and may elect a Vice Chairman if so provided by the In- stitute’s bylaws. (2) The Board shall meet at least semiannu- ally, at any time pursuant to the call of the Chairman or as requested in writing to the Chairman by at least five members of the Board. A majority of the members of the Board shall constitute a quorum for any Board meeting. (3) All meetings of the Board shall be open to public observation and shall be preceded by reasonable public notice. Notice in the Federal Register shall be deemed to be reasonable pub- lic notice for purposes of the preceding sen- tence. In exceptional circumstances, the Board may close those portions of a meeting, upon a majority vote of its members present and with the vote taken in public session, which are likely to disclose information likely to affect adversely any ongoing peace proceeding or ac- tivity or to disclose information or matters exempted from public disclosure pursuant to subsection (c) of section 552b of title 5. (i) Compensation A director appointed by the President under subsection (b)(4) shall be entitled to receive the daily equivalent of the annual rate of basic pay in effect for grade GS–18 of the General Schedule under section 5332 of title 5 for each day during which the director is engaged in the perform- ance of duties as a member of the Board. (j) Travel expenses While away from his home or regular place of business in the performance of duties for the In- stitute, a director shall be allowed travel ex- penses, including a per diem in lieu of subsist- ence, not to exceed the expenses allowed persons employed intermittently in Government service under section 5703(b) 1 of title 5. (Pub. L. 98–525, title XVII, § 1706, Oct. 19, 1984, 98 Stat. 2654; Pub. L. 105–277, div. G, subdiv. A, title XII, § 1225(c)(1), Oct. 21, 1998, 112 Stat. 2681–773; Pub. L. 110–315, title IX, § 921(b)(1), Aug. 14, 2008, 122 Stat. 3456.) Editorial Notes REFERENCES IN TEXT Section 5703 of title 5, referred to in subsec. (j), was amended generally by Pub. L. 94–22, § 4, May 19, 1975, 89 Stat. 85, and, as so amended, does not contain a subsec. (b). AMENDMENTS 2008—Pub. L. 110–315, § 921(b)(1)(A), substituted ‘‘(b)(4)’’ for ‘‘(b)(5)’’ wherever appearing. Subsec. (e)(5). Pub. L. 110–315, § 921(b)(1)(B), added par. (5). 1998—Subsec. (b)(3). Pub. L. 105–277, § 1225(c)(1), redes- ignated par. (4) as (3) and struck out former par. (3) which read as follows: ‘‘The Director of the Arms Con- trol and Disarmament Agency (or if the Director so designates, another officer of that Agency who was ap- pointed with the advice and consent of the Senate).’’ Subsec. (b)(4), (5). Pub. L. 105–277, § 1225(c)(1)(B), (C), redesignated par. (5) as (4) and substituted ‘‘Twelve’’ for ‘‘Eleven’’. Former par. (4) redesignated (3). Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Education and Labor of House of Rep- resentatives changed to Committee on Education and the Workforce of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023. Committee on Labor and Human Resources of Senate changed to Committee on Health, Education, Labor, and Pensions of Senate by Senate Resolution No. 20, One Hundred Sixth Congress, Jan. 19, 1999. EFFECTIVE DATE OF 2008 AMENDMENT Pub. L. 110–315, title IX, § 921(b)(2), Aug. 14, 2008, 122 Stat. 3456, provided that: ‘‘The amendments made by paragraph (1) [amending this section] shall take effect as if enacted on June 1, 2007, and shall apply to any Page 1600 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4606 member of the Board of Directors of the Institute of Peace confirmed by the Senate and sworn in as a mem- ber of the Board of Directors on or after such date.’’ EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105–277 effective Apr. 1, 1999, see section 1201 of Pub. L. 105–277, set out as an Effec- tive Date note under section 6511 of this title. REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organi- zation and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5. § 4606. Officers and employees (a) Appointment, compensation and status of president of Institute and other officers The Board shall appoint the president of the Institute and such other officers as the Board determines to be necessary. The president of the Institute shall be a nonvoting ex officio member of the Board. All officers shall serve at the pleasure of the Board. The president shall be ap- pointed for an explicit term of years. Notwith- standing any other provision of law limiting the payment of compensation, the president and other officers appointed by the Board shall be compensated at rates determined by the Board, but no greater than that payable for level I of the Executive Schedule under chapter 53 of title 5. (b) Authorization of activities Subject to the provisions of section 4604(h)(3) of this title, the Board shall authorize the presi- dent and any other officials or employees it des- ignates to receive and disburse public moneys, obtain and make grants, enter into contracts, establish and collect fees, and undertake all other activities necessary for the efficient and proper functioning of the Institute. (c) Appointment, compensation and status of personnel The president, subject to Institute’s bylaws and general policies established by the Board, may appoint, fix the compensation of, and re- move such employees of the Institute as the president determines necessary to carry out the purposes of the Institute. In determining em- ployee rates of compensation, the president shall be governed by the provisions of title 5 re- lating to classification and General Schedule pay rates. (d) Assignment of Federal officers or employees to the Institute (1) The president may request the assignment of any Federal officer or employee to the Insti- tute by an appropriate department, agency, or congressional official or Member of Congress and may enter into an agreement for such as- signment, if the affected officer or employee agrees to such assignment and such assignment causes no prejudice to the salary, benefits, sta- tus, or advancement within the department, agency, or congressional staff of such officer or employee. (2) The Secretary of State, the Secretary of Defense, and the Director of Central Intelligence each may assign officers and employees of his respective department or agency, on a rotating basis to be determined by the Board, to the In- stitute if the affected officer or employee agrees to such assignment and such assignment causes no prejudice to the salary, benefits, status, or advancement within the respective department or agency of such officer or employee. (e) Dual compensation restriction No officer or full-time employee of the Insti- tute may receive any salary or other compensa- tion for services from any source other than the Institute during the officer’s or employee’s pe- riod of employment by the Institute, except as authorized by the Board. (f) Federal employment status only for stated purposes (1) Officers and employees of the Institute shall not be considered officers and employees of the Federal Government except for purposes of the provisions of title 28, which relate to Fed- eral tort claims liability, and the provisions of title 5, which relate to compensation and bene- fits, including the following provisions: chapter 51 (relating to classification); subchapters I and III of chapter 53 (relating to pay rates); sub- chapter I of chapter 81 (relating to compensa- tion for work injuries); chapter 83 (relating to civil service retirement); chapter 87 (relating to life insurance); and chapter 89 (relating to health insurance). The Institute shall make con- tributions at the same rates applicable to agen- cies of the Federal Government under the provi- sions of title 5 referred to in this section. (2) The Institute shall not make long-term commitments to employees that are incon- sistent with rules and regulations applicable to Federal employees. (g) Distributions prohibited during life or upon dissolution or liquidation of Institute or legal entity; compensation for services or expenses No part of the financial resources, income, or assets of the Institute or of any legal entity cre- ated by the Institute shall inure to any agent, employee, officer, or director or be distributable to any such person during the life of the cor- poration or upon dissolution or final liquidation. Nothing in this section may be construed to pre- vent the payment of reasonable compensation for services or expenses to the directors, offi- cers, employees, and agents of the Institute in amounts approved in accordance with the provi- sions of this chapter. (h) Loans prohibition; joint and several liability The Institute shall not make loans to its di- rectors, officers, employees, or agents, or to any legal entity created by the Institute. A director, officer, employee, or agent who votes for or as- sents to the making of a loan or who partici- pates in the making of a loan shall be jointly and severally liable to the Institute for the amount of the loan until repayment thereof. (Pub. L. 98–525, title XVII, § 1707, Oct. 19, 1984, 98 Stat. 2656; Pub. L. 100–569, title III, § 301(b), Oct. 31, 1988, 102 Stat. 2864; Pub. L. 101–520, title III, § 319(c), Nov. 5, 1990, 104 Stat. 2285; Pub. L.