PocketLaw | USC 2 | Board organization

Board organization

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§803. Board organization

(a) Membership; composition; appointment criteria; 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 recipient 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 volunteer.

(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 recommendations submitted by any interested party, including any member of the Board. One of the members appointed under each of subparagraphs (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 derivation 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 leadership position set out in subsection (a)(1) of the party of the individual who made the initial appointment of such person.

(b) Terms of appointed members; reappointment

(1) Appointed members of the Board shall continue to serve at the pleasure of the officer by whom they are appointed, and (unless reappointed under paragraph (2)) shall serve for a term of 4 years.

(2)(A) Subject to the limitations in subparagraph (B), members of the Board may be reappointed, 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 subparagraph (A) during their period of service as Chairman 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 appointments 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 appointment 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 remain 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 meeting of the Board whenever one-third of the members 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 Chairman 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 carrying 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 Government may serve as a member of a committee created by the Board, but may not receive compensation for services performed for such a committee.

(i) Bylaws and regulations; contents; transmittal to Congress

The Board shall establish such bylaws and other regulations as may be appropriate to enable 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 include appropriate fiscal control, funds accountability, and operating principles to ensure compliance 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 revision of such bylaws.

(j) Removal from Board

Any member of the Board who fails to attend 4 consecutive Board meetings scheduled pursuant 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, removed, 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), substituted "subsection" for "section" in two places.

2000-Subsec. (i). Pub. L. 106–533, §1(b)(5), made technical amendment to reference in original act which appears in text as reference to section 806 of this title.

1999-Subsec. (a)(1)(A). Pub. L. 106–63, §1(b)(1), substituted "recipient of the Congressional Award" for "member of the Congressional Award Association".

Subsec. (a)(1)(B), (C). Pub. L. 106–63, §1(b)(2), substituted "a local Congressional Award program volunteer" 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 reappointed 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 introductory 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 Congressional 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 subparagraphs (A) through (D) of paragraph (1) shall be a member 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 appointed 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 requiring 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), substituted "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, redesignated pars. (1) to (3) as subpars. (A) to (C), respectively, and substituted "Except as provided in paragraph (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 , provided that: "Not later than 120 days after the date of the enactment of this Act [Nov. 17, 1988], the congressional leadership shall appoint members to fill vacancies 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 Association and local Congressional Award Councils in accordance 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 the Congressional Award Board, was repealed by Pub. L. 99–161, §5, Nov. 25, 1985, 99 Stat. 936 .

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