§ 4412. — Board of Trustees.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 20USC4412]
TITLE 20--EDUCATION
CHAPTER 56--AMERICAN INDIAN, ALASKA NATIVE, AND NATIVE HAWAIIAN CULTURE
AND ART DEVELOPMENT
SUBCHAPTER I--AMERICAN INDIANS AND ALASKA NATIVES
Sec. 4412. Board of Trustees
(a) Composition
(1) The Board of Trustees of the Institute shall be composed of 13
voting members and 6 nonvoting members as follows:
(A) Subject to the provisions of subsection (i) of this section,
the voting members shall be appointed by the President of the United
States by and with the advice and consent of the Senate, not later
than 180 days after October 17, 1986, from among individuals from
private life who are Indians, or other individuals, widely
recognized in the field of Indian art and culture and who represent
diverse political views, and diverse fields of expertise, including
finance, law, fine arts, and higher education administration.
(B) The nonvoting members shall consist of--
(i) 2 Members of the House of Representatives appointed by
the Speaker of the House of Representatives in consultation with
the Minority Leader of the House of Representatives;
(ii) 2 Members of the Senate appointed by the President pro
tempore of the Senate, upon the recommendation of the Majority
Leader and the Minority Leader of the Senate;
(iii) the President of the Institute, ex officio; and
(iv) the president of the student body of the Institute, ex
officio.
(2) In making appointments pursuant to paragraph (1)(A), the
President of the United States shall--
(A) consult with the Indian tribes and the various organizations
of Indians;
(B) publish in the Federal Register an announcement of the
expiration of terms no less than 4 months before such expiration;
(C) solicit nominations from Indian tribes and various Indian
organizations to fill the vacancies;
(D) give due consideration to the appointment of individuals who
will provide appropriate regional and tribal representation on the
Board; and
(E) ensure that a majority of the Board appointed under
paragraph (1)(A) are Indians.
(3) The President shall carry out the activities described in
subparagraphs (B) and (C) of paragraph (2) through the Board. The Board
may make recommendations based upon the nominations received, may make
recommendations of its own, and may review and make comments to the
President or the President's appointed staff on individuals being
considered by the President for whom no nominations have been received.
(4) Members of Congress appointed under this section, or their
designees, shall be entitled to attend all meetings of the Board and to
provide advice to the Board on any matter relating to the Institute.
(b) Terms of office
(1) Except as otherwise provided in this section, members shall be
appointed for terms of office of 6 years.
(2) The terms of office on the Board for the Members of the House of
Representatives and of the Senate shall expire at the end of the
congressional term of office during which such Member or Senator was
appointed to the Board.
(3) Of the members of the Board first appointed under subsection
(a)(1)(A) of this section--
(A) 4 shall be appointed for terms of office of 2 years;
(B) 4 shall be appointed for terms of office of 4 years; and
(C) 5 shall be appointed for terms of office of 6 years,
as determined by the drawing of lots during the first meeting of the
Board.
(4) No member of the Board appointed under subsection (a)(1)(A) of
this section shall be eligible to serve in excess of 2 consecutive
terms, but may continue to serve until such member's successor is
appointed.
(c) Vacancies
Any member of the Board appointed under subsection (a) of this
section to fill a vacancy occurring before the expiration of the term to
which such member's predecessor was appointed shall be appointed for the
remainder of such term. If the vacancy occurs prior to the expiration of
the term of a member of the Board appointed under subsection (a)(1)(B)
of this section, a replacement shall be appointed in the same manner in
which the original appointment was made.
(d) Removal
No member of the Board may be removed during the term of office of
such member except for just and sufficient cause.
(e) Chairman and Vice Chairman
The President of the United States shall designate the initial
Chairman and Vice Chairman of the Board from among the members of the
Board appointed pursuant to subsection (a)(1)(A) of this section. Such
Chairman and Vice Chairman so designated shall serve for 12 calendar
months. Thereafter, the Chairman and Vice Chairman shall be elected from
among the members of the Board appointed pursuant to subsection
(a)(1)(A) of this section and shall serve for terms of 2 years. In the
case of a vacancy in the office of Chairman or Vice Chairman, such
vacancy shall be filled by the members of the Board appointed pursuant
to subsection (a)(1)(A) of this section, and the member filling such
vacancy shall serve for the remainder of the unexpired term.
(f) Quorum
Unless otherwise provided by the bylaws of the Institute, a majority
of the members appointed under subsection (a)(1)(A) of this section
shall constitute a quorum.
(g) Powers
The Board is authorized--
(1) to formulate the policy of the Institute;
(2) to direct the management of the Institute; and
(3) to make such bylaws and rules as it deems necessary for the
administration of its functions under this chapter, including the
organization and procedures of the Board.
(h) Compensation
Members of the Board appointed pursuant to subsection (a)(1)(A) of
this section shall, for each day they are engaged in the performance of
the duties under this chapter, receive compensation at the rate of $125
per day, including traveltime. All members of the Board, while so
serving away from their homes or regular places of business, shall be
allowed travel expenses (including per diem in lieu of subsistence), as
authorized by section 5703 of title 5 for persons in Government service
employed intermittently.
(i) Appointment exception for continuity
(1) In order to maintain the stability and continuity of the Board,
the Board shall have the power to recommend the continuation of members
on the Board pursuant to the provisions of this subsection. When the
Board makes such a recommendation, the Chairman of the Board shall
transmit the recommendation to the President no later than 75 days prior
to the expiration of the term of the member.
(2) If the President has not transmitted to the Senate a nomination
to fill the position of a member covered by such a recommendation within
60 days from the date that the member's term expires, the member shall
be deemed to have been reappointed for another full term to the Board,
with all the appropriate rights and responsibilities.
(3) This subsection shall not be construed to permit less than 7
members of the Board to be Indians. If an extension of a term under
paragraph (2) would result in less than 7 members being Indians, the
term of the member covered by paragraph (2) shall be deemed to expire 60
days after the date upon which it would have been deemed to expire
without the operation of this subsection, except that the provisions of
subsection (b)(4) of this section, relating to continuation of service
pending replacement, shall continue to apply.
(Pub. L. 99-498, title XV, Sec. 1505, Oct. 17, 1986, 100 Stat. 1601;
Pub. L. 102-325, title XIII, Sec. 1331(a), July 23, 1992, 106 Stat.
805.)
Amendments
1992--Subsec. (a)(1)(A). Pub. L. 102-325, Sec. 1331(a)(1),
substituted ``Subject to the provisions of subsection (i) of this
section, the voting'' for ``The voting'' and inserted before period at
end ``, and diverse fields of expertise, including finance, law, fine
arts, and higher education administration''.
Subsec. (a)(3), (4). Pub. L. 102-325, Sec. 1331(a)(2), (3), added
par. (3) and redesignated former par. (3) as (4).
Subsec. (i). Pub. L. 102-325, Sec. 1331(a)(4), added subsec. (i) and
struck out former subsec. (i) which read as follows: ``(i) Review by
Secretary of the Interior.--For so long as any employee of the Institute
is covered under title 5, the Board (acting by majority vote) shall
submit final decisions relating to personnel to the Secretary of the
Interior. Each such decision shall become final 30 days after the date
of its receipt by the Secretary unless the Secretary disapproves of such
decision. The Secretary may only disapprove a decision of the Board for
just cause.''
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 this title.
Delegation of Authority
Memorandum of President of the United States, Feb. 22, 1991, 56 F.R.
8099, provided:
Memorandum for the Chairman of the Board of Trustees of the
Institute of American Indian and Alaska Native Culture and Arts
Development
By the authority vested in me as President of the United States by
section 301 of Title 3 of the United States Code, I hereby delegate to
the Chairman of the Board of Trustees of the Institute of American
Indian and Alaska Native Culture and Arts Development the responsibility
under section 1505(a)(2)(B) of P.L. 99-498 (20 U.S.C. 4412(a)(2)(B)) to
publish in the Federal Register an announcement of the expiration of the
terms of the presidentially appointed members of the Board of Trustees
of the Institute of American Indian and Alaska Native Culture and Arts
Development no less than 4 months prior to their expiration. The
authority delegated by this memorandum may be further redelegated within
the Institute.
The delegation of authority to the Secretary of the Interior by
memorandum of June 22, 1988, is hereby rescinded.
This memorandum shall be published in the Federal Register.
George Bush.
Section Referred to in Other Sections
This section is referred to in section 4411 of this title.
