2 U.S.C. § 803 — Board organization

Page 225 TITLE 2—THE CONGRESS § 803 Subsec. (f). Pub. L. 103–329, § 637(2), added subsec. (f). 1990—Subsec. (e). Pub. L. 101–525 substituted ‘‘April 1’’ for ‘‘March 1’’. 1988—Subsec. (e)(6) to (8). Pub. L. 100–674 added pars. (6) and (7) and redesignated former par. (6) as (8). 1985—Subsec. (b). Pub. L. 99–161, § 4(a), inserted provi- sion limiting salaries established by Board under par. (3) to $75,000 per annum, such limit after 1986 being in- creased in proportion to Consumer Price Index. Subsec. (d). Pub. L. 99–161, § 4(b), inserted reference to Silver and Bronze Medals. Subsec. (e)(4). Pub. L. 99–161, § 4(c), inserted ‘‘for each member, officer, employee, and consultant of the Board (or of the Corporation established pursuant to section 806(g)(1) of this title)’’. § 803. Board organization (a) Membership; composition; appointment cri- teria; derivation of appointment (1) The Board shall consist of 25 members, as follows: (A) Six members appointed by the majority leader of the Senate, 1 of whom shall be a re- cipient of the Congressional Award. (B) Six members appointed by the minority leader of the Senate, 1 of whom shall be a local Congressional Award program volunteer. (C) Six members appointed by the Speaker of the House of Representatives, 1 of whom shall be a local Congressional Award program vol- unteer. (D) Six members appointed by the minority leader of the House of Representatives, 1 of whom shall be a recipient of the Congressional Award. (E) The Director of the Board, who shall serve as a nonvoting member. (2) In making appointments to the Board, the congressional leadership shall consider rec- ommendations submitted by any interested party, including any member of the Board. One of the members appointed under each of sub- paragraphs (A) through (D) of paragraph (1) shall be a member of the Congress. (3) Individuals appointed to the Board shall have an interest in one or more of the fields of concern of the Congressional Award Program. (4) For the purpose of determining the deriva- tion of the appointment of any person appointed to the Board under this section, if there is a change in the status of majority and minority between the parties of the House or the Senate, each person appointed under this section shall be deemed to have been appointed by the leader- ship position set out in subsection (a)(1) of the party of the individual who made the initial ap- pointment of such person. (b) Terms of appointed members; reappointment (1) Appointed members of the Board shall con- tinue to serve at the pleasure of the officer by whom they are appointed, and (unless re- appointed under paragraph (2)) shall serve for a term of 4 years. (2)(A) Subject to the limitations in subpara- graph (B), members of the Board may be re- appointed, except that no member may serve more than 2 full consecutive terms. Members may be reappointed to 2 full consecutive terms after being appointed to fill a vacancy on the Board. (B) Members of the Board shall not be subject to the limitation on reappointment in subpara- graph (A) during their period of service as Chair- man of the Board and may be reappointed to an additional full term after termination of such Chairmanship. (3)(A) Notwithstanding paragraph (1) or (2), the term of each member of the Board shall begin on October 1 of the even numbered year which would otherwise apply with one-half of the Board positions having terms which begin in each even numbered year. (B) Subparagraph (A) shall apply to appoint- ments made to the Board on or after July 7, 2010. (c) Vacancies in membership (1) Any vacancy in the Board shall be filled in the same manner in which the original appoint- ment was made. (2) Any appointed member of the Board may continue to serve after the expiration of his term until his successor has taken office. (3) Vacancies in the membership of the Board shall not affect its power to function if there re- main sufficient members to constitute a quorum under subsection (d) of this section. (d) Notice; quorum (1) A meeting of the Board may be convened only if— (A) notice of the meeting was provided to each member in accordance with the bylaws; and (B) not less than 11 members are present for the meeting at the time given in the notice. (2) A majority of the members present when a meeting is convened shall constitute a quorum for the remainder of the meeting. (e) Compensation for travel expenses of members Members of the Board shall serve without pay but may be compensated for reasonable travel expenses incurred by them in the performance of their duties as members of the Board. (f) Meetings The Board shall meet at least twice a year at the call of the Chairman (with at least one meeting in the District of Columbia) and at such other times as the Chairman may determine to be appropriate. The Chairman shall call a meet- ing of the Board whenever one-third of the mem- bers of the Board submit written requests for such a meeting. (g) Chairman and Vice Chairman The Chairman and the Vice Chairman of the Board shall be elected from among the members of the Board by a majority vote of the Board for such terms as the Board determines. The Vice Chairman shall perform the duties of the Chair- man in his absence. (h) Appointment, functions, etc., of committees; membership (1) The Board may appoint such committees, and assign to the committees such functions, as may be appropriate to assist the Board in car- rying out its duties under this chapter. Members of such committees may include the members of the Board or such other qualified individuals as the Board may select. (2) Any employee or officer of the Federal Gov- ernment may serve as a member of a committee created by the Board, but may not receive com- Page 226 TITLE 2—THE CONGRESS § 803 pensation for services performed for such a com- mittee. (i) Bylaws and regulations; contents; transmittal to Congress The Board shall establish such bylaws and other regulations as may be appropriate to en- able the Board to carry out its functions under this chapter. Such bylaws and other regulations shall include provisions to prevent any conflict of interest, or the appearance of any conflict of interest, in the procurement and employment actions taken by the Board or by any officer or employee of the Board. Such bylaws shall in- clude appropriate fiscal control, funds account- ability, and operating principles to ensure com- pliance with the provisions of section 806 of this title. A copy of such bylaws shall be transmitted to each House of Congress not later than 90 days after November 25, 1985, and not later than 10 days after any subsequent amendment or revi- sion of such bylaws. (j) Removal from Board Any member of the Board who fails to attend 4 consecutive Board meetings scheduled pursu- ant to the bylaws of the Board and for which proper notice has been given under such bylaws, or to send a designee of such member (approved in advance by the Board under provisions of its bylaws), is, by operation of this subsection, re- moved, for cause, from the Board as of the date of the last meeting from which they are absent. The Chairman of the Board shall take such steps as are necessary to inform members who have 3 absences of this subsection. The Chairman shall notify the House and the Senate, including the appropriate committees of each body, whenever there is a vacancy created by the operation of this subsection. (Pub. L. 96–114, title I, § 103, formerly § 4, Nov. 16, 1979, 93 Stat. 852; Pub. L. 98–33, § 1, May 25, 1983, 97 Stat. 194; Pub. L. 99–161, §§ 2, 4(d), (e), Nov. 25, 1985, 99 Stat. 934, 935; Pub. L. 100–674, § 2(b), Nov. 17, 1988, 102 Stat. 3996; Pub. L. 101–525, §§ 4–6, Nov. 6, 1990, 104 Stat. 2305, 2306; Pub. L. 106–63, § 1(b), Oct. 1, 1999, 113 Stat. 510; renumbered title I, § 103, and amended Pub. L. 106–533, § 1(b)(1), (2), (5), Nov. 22, 2000, 114 Stat. 2553, 2554; Pub. L. 109–143, § 1(c)(1), Dec. 22, 2005, 119 Stat. 2659; Pub. L. 111–200, § 2(b), July 7, 2010, 124 Stat. 1368.) Editorial Notes AMENDMENTS 2010—Subsec. (b). Pub. L. 111–200 added subsec. (b) and struck out former subsec. (b) which related to terms of appointed members and reappointment of members. 2005—Subsec. (a)(1)(B), (C). Pub. L. 109–143, § 1(c)(1)(A), substituted ‘‘a local’’ for ‘‘a a local’’. Subsec. (b)(3)(B). Pub. L. 109–143, § 1(c)(1)(B), sub- stituted ‘‘subsection’’ for ‘‘section’’ in two places. 2000—Subsec. (i). Pub. L. 106–533, § 1(b)(5), made tech- nical amendment to reference in original act which ap- pears in text as reference to section 806 of this title. 1999—Subsec. (a)(1)(A). Pub. L. 106–63, § 1(b)(1), sub- stituted ‘‘recipient of the Congressional Award’’ for ‘‘member of the Congressional Award Association’’. Subsec. (a)(1)(B), (C). Pub. L. 106–63, § 1(b)(2), sub- stituted ‘‘a local Congressional Award program volun- teer’’ for ‘‘representative of a local Congressional Award Council’’. Subsec. (a)(1)(D). Pub. L. 106–63, § 1(b)(1), substituted ‘‘recipient of the Congressional Award’’ for ‘‘member of the Congressional Award Association’’. 1990—Subsec. (a)(4). Pub. L. 101–525, § 4, added par. (4). Subsec. (b). Pub. L. 101–525, § 5, designated existing provision as par. (1) and substituted ‘‘and (unless re- appointed under paragraph (3)) shall serve for a term of 4 years’’ for ‘‘but (unless reappointed) shall not serve for more than four years’’, and added pars. (2) and (3). Subsec. (j). Pub. L. 101–525, § 6, added subsec. (j). 1988—Subsec. (a)(1). Pub. L. 100–674, § 2(b)(1), in intro- ductory provisions, substituted ‘‘25’’ for ‘‘thirty-three’’, in subpars. (A) to (D), substituted ‘‘Six members’’ for ‘‘Eight members’’, in subpars. (A) and (D), inserted ‘‘, 1 of whom shall be a member of the Congressional Award Association’’, and in subpars. (B) and (C), inserted ‘‘, 1 of whom shall be a representative of a local Congres- sional Award Council’’. Subsec. (d). Pub. L. 100–674, § 2(b)(2), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: ‘‘A majority of the members of the Board shall constitute a quorum.’’ 1985—Subsec. (a)(2). Pub. L. 99–161, § 2(1), inserted ‘‘One of the members appointed under each of subpara- graphs (A) through (D) of paragraph (1) shall be a mem- ber of the Congress.’’ Subsec. (b). Pub. L. 99–161, § 2(2), amended subsec. (b) generally, substituting provisions for continuance of service of appointed members at pleasure of appointing officer, but unless reappointed, for not more than four years, for provisions limiting term of service to six years with exceptions for first appointed members and individuals appointed to Board after March 31, 1983, whose terms were limited. Subsec. (c)(2) to (4). Pub. L. 99–161, § 2(3), struck out par. (2) limiting term of service of any member ap- pointed to fill out an unexpired term to remainder of that term and redesignated pars. (3) and (4) as (2) and (3), respectively. Subsec. (f). Pub. L. 99–161, § 4(d), substituted ‘‘meet at least twice a year at the call of the Chairman (with at least one meeting in the District of Columbia)’’ for ‘‘meet annually at the call of the Chairman’’. Subsec. (i). Pub. L. 99–161, § 4(e), inserted requirement that bylaws and other regulations include provisions preventing conflict of interest, and include appropriate fiscal control, funds accountability, etc., to comply with section 806 of this title, and inserted provisions re- quiring transmittal of a copy of such bylaws to each House of Congress within specified periods of time. 1983—Subsec. (a)(1). Pub. L. 98–33, § 1(a)(1), (2), sub- stituted ‘‘thirty-three’’ for ‘‘seventeen’’ in the matter preceding subpar. (A), and substituted ‘‘Eight’’ for ‘‘Four’’ in each of subpars. (A) through (D). Subsec. (a)(2). Pub. L. 98–33, § 1(a)(3), struck out ‘‘or the Committee for the Establishment and Promotion of the Congressional Award’’ after ‘‘member of the Board’’. Subsec. (b). Pub. L. 98–33, § 1(b), designated existing provisions as par. (1); in par. (1), as so designated, re- designated pars. (1) to (3) as subpars. (A) to (C), respec- tively, and substituted ‘‘Except as provided in para- graph (2), appointed’’ for ‘‘Appointed’’; and added par. (2). Statutory Notes and Related Subsidiaries TRANSITION PROVISIONS Pub. L. 100–674, § 3, Nov. 17, 1988, 102 Stat. 3998, pro- vided that: ‘‘Not later than 120 days after the date of the enactment of this Act [Nov. 17, 1988], the congres- sional leadership shall appoint members to fill vacan- cies on the Congressional Award Board in accordance with section 4(a) of the Congressional Award Act [2 U.S.C. 803(a)] (as amended by section 2(b)). In filling such vacancies, the congressional leadership shall first appoint members from the Congressional Award Asso- ciation and local Congressional Award Councils in ac- cordance with section 4(a) of the Congressional Award Act (as amended by section 2(b)).’’ EXCEPTIONAL TERMS FOR CERTAIN BOARD MEMBERS Pub. L. 98–33, § 2, May 25, 1983, 97 Stat. 195, relating to exceptional terms for certain individuals appointed to 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—