§ 803. — Board organization.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 2USC803]
TITLE 2--THE CONGRESS
CHAPTER 19--CONGRESSIONAL AWARD PROGRAM
SUBCHAPTER I--CONGRESSIONAL AWARD PROGRAM
Sec. 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 a \1\ local Congressional Award program
volunteer.
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\1\ So in original.
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(C) Six members appointed by the Speaker of the House of
Representatives, 1 of whom shall be a a \1\ 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 this section 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 (3)) shall serve for a term of 4 years.
(2) For the purpose of adjusting the terms of Board members to allow
for staggered appointments, the following distribution of Board terms
shall take effect at the first meeting of the Board occurring after
November 6, 1990:
(A) Those members who have served 10 years or more, as of the
date of such meeting, shall have an appointment expiring on a date 2
years from October 1, 1990.
(B) Those members who have served for 6 months or less, as of
the date of such meeting, shall have an appointment expiring on a
date 6 years from October 11, 1990.
(C) All other members shall apportion the remaining Board
positions between equal numbers of 2 and 4 year terms (providing
that if there are an unequal number of remaining members, there
shall be a predominance of 4 year terms), such apportionment to be
made by lot.
(3)(A) Subject to the limitations in subparagraphs (B) and (C) of
this paragraph, members of the Board may be reappointed, provided that
no member may serve more than 2 consecutive terms.
(B) Members of the Board covered under paragraph (2)(A) of this
section \2\ shall not be eligible for reappointment to the Board.
Members of the Board covered under subparagraphs (B) and (C) of
paragraph (2) of this section \2\ may be reappointed for 1 additional
consecutive 4 year term.
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\2\ So in original. Probably should be ``subsection''.
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(C) Members of the Board who serve as chairman of the Board shall
not have the time during which they serve as chairman used in the
computation of their period of service for purposes of this paragraph
and paragraph (2).
(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, Sec. 103, formerly Sec. 4, Nov. 16, 1979, 93
Stat. 852; Pub. L. 98-33, Sec. 1, May 25, 1983, 97 Stat. 194; Pub. L.
99-161, Secs. 2, 4(d), (e), Nov. 25, 1985, 99 Stat. 934, 935; Pub. L.
100-674, Sec. 2(b), Nov. 17, 1988, 102 Stat. 3996; Pub. L. 101-525,
Secs. 4-6, Nov. 6, 1990, 104 Stat. 2305, 2306; Pub. L. 106-63,
Sec. 1(b), Oct. 1, 1999, 113 Stat. 510; renumbered title I, Sec. 103,
and amended Pub. L. 106-533, Sec. 1(b)(1), (2), (5), Nov. 22, 2000, 114
Stat. 2553, 2554.)
Amendments
2000--Subsec. (i). Pub. L. 106-533, Sec. 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, Sec. 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, Sec. 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, Sec. 1(b)(1), substituted
``recipient of the Congressional Award'' for ``member of the
Congressional Award Association''.
1990--Subsec. (a)(4). Pub. L. 101-525, Sec. 4, added par. (4).
Subsec. (b). Pub. L. 101-525, Sec. 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, Sec. 6, added subsec. (j).
1988--Subsec. (a)(1). Pub. L. 100-674, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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).
Transition Provisions
Section 3 of Pub. L. 100-674 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
Section 2 of Pub. L. 98-33, relating to exceptional terms for
certain individuals appointed to the Congressional Award Board, was
repealed by Pub. L. 99-161, Sec. 5, Nov. 25, 1985, 99 Stat. 936.