2 USC 804 - Administration

Collapse to view only § 804. Administration

§ 801. Establishment, etc., of Congressional Award Board
§ 802. Program
§ 803. Board organization
§ 804. Administration
§ 805. Regional award directors of program; appointment criteria
§ 806. Powers, functions, and limitations
§ 807. Audits
§ 808. Termination

§ 801. Establishment, etc., of Congressional Award Board

There is established a board to be known as the Congressional Award Board (hereinafter in this subchapter referred to as the “Board”), which shall be responsible for administering the Congressional Award Program described under section 802 of this title. The Board shall not be an agency or instrumentality of the United States, and the United States is not liable for any obligation or liability incurred by the Board.

(Pub. L. 96–114, title I, § 101, formerly § 2, Nov. 16, 1979, 93 Stat. 851; renumbered title I, § 101, and amended Pub. L. 106–533, § 1(b)(1)–(3), Nov. 22, 2000, 114 Stat. 2553.)

§ 802. Program

(a) Establishment, functions, and purposes; nature of awards

(b) Implementation requirements for Board

In carrying out the Congressional Award Program, the Board shall—

(1) establish the standards of achievement required for young people to qualify as recipients of the medals and establish such procedures as may be required to verify that individuals satisfy such qualifications;

(2) designate the recipients of the medals in accordance with the standards established under paragraph (1) of this subsection;

(3) delineate such roles as the Board considers to be appropriate for the Director and Regional Directors in administering the Congressional Award, and set forth in the bylaws of the Board the duties, salaries, and benefits of the Director and Regional Directors;

(4) raise funds for the operation of the program; and

(5) take such other actions as may be appropriate for the administration of the Congressional Award Program.

No salary established by the Board shall exceed $75,000 per annum, except that for calendar years after 1986, such limit shall be increased in proportion to increases in the Consumer Price Index.

(d) Scholarships for recipients of Congressional Award Gold, Silver, and Bronze Medals

(e) Omitted

(f) Congressional Award Program medals

(1) Design and striking

(2) National medals

(3) Authorization of appropriations

(Pub. L. 96–114, title I, § 102, formerly § 3, Nov. 16, 1979, 93 Stat. 851; Pub. L. 99–161, § 4(a)–(c), Nov. 25, 1985, 99 Stat. 934; Pub. L. 100–674, § 2(a), Nov. 17, 1988, 102 Stat. 3996; Pub. L. 101–525, § 3, Nov. 6, 1990, 104 Stat. 2305; Pub. L. 103–329, title VI, § 637, Sept. 30, 1994, 108 Stat. 2431; Pub. L. 106–63, § 1(a), Oct. 1, 1999, 113 Stat. 510; renumbered title I, § 102, and amended Pub. L. 106–533, § 1(b)(1), (2), (4), Nov. 22, 2000, 114 Stat. 2553; Pub. L. 111–200, § 2(a), July 7, 2010, 124 Stat. 1368.)

§ 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.

(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

(f) Meetings

(g) Chairman and Vice Chairman

(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

(j) Removal from Board

(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.)

§ 804. Administration

(a) Director; status; appointment and term; removal

(b) Functions of Director

The Director shall, in consultation with the Board—

(1) formulate programs to carry out the policies of the Congressional Award Program;

(2) establish such divisions within the Congressional Award Program as may be appropriate; 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.

(1) The Director shall, in consultation with the Board, ensure that appropriate policies and procedures for fiscal control and accounting are established for the financial operations of the Congressional Award Program, and that such operations are administered by personnel with expertise in accounting and financial management. Such personnel may be retained under contract. In carrying out this paragraph, the Director 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 conducting the annual audit of the financial records of the Board pursuant to section 807(a) of this title shall determine for each fiscal year whether the Director has substantially complied with paragraph (1). The findings made by the independent public accountant under the preceding sentence shall be included in the reports submitted under section 807(b) of this title.

(B) If the Director fails to substantially comply with paragraph (1), the Board shall instruct the Director to take such actions as may be necessary to correct such deficiencies, and shall remove and replace the Director if such deficiencies 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; renumbered 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.)

§ 805. Regional award directors of program; appointment criteria

Regional award directors may be appointed by the Board, upon recommendation of the Director, for any State or other appropriate geographic area of the United States. The Director shall make such recommendations with respect to a State or geographic area only after soliciting recommendations regarding such appointments from public and private youth organizations 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 authoritySubject to such limitations as may be provided 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—

(A) such resources as are available to the Board from sources other than the Federal Government; and

(B) funds awarded in any grant program administered by a Federal agency in accordance with the law establishing that grant program.

(2) the Board shall not take any actions which would disqualify the Board from treatment (for tax purposes) as an organization described in section 501(c)(3) of title 26.

(b) Mandatory functions

(1) The Board shall establish such functions and procedures as may be necessary to carry out the provisions of this chapter.

(2) The functions established by the Board under paragraph (1) shall include—

(A) communication with local Congressional Award Councils concerning the Congressional Award Program;

(B) provision, upon the request of any local Congressional Award Council, of such technical assistance as may be necessary to assist such council with its responsibilities, including the provision of medals, the preparation and provision of applications, guidance on disposition of applications, arrangements with respect to local award ceremonies, and other responsibilities of such council;

(C) conduct of outreach activities to establish new local Congressional Award Councils, particularly in inner-city areas and rural areas;

(D) in addition to those activities authorized under subparagraph (C), conduct of outreach activities to encourage, where appropriate, the establishment and development of Statewide Congressional Award Councils;

(E) fundraising;

(F) conduct of an annual Gold Medal Awards ceremony in the District of Columbia;

(G) consideration of implementation of the provisions of this chapter relating to scholarships; and

(H) carrying out of duties relating to management of the national office of the Congressional Award Program, including supervision of office personnel and of the office budget.

(1) In carrying out its functions with respect to Statewide Congressional Award Councils (hereinafter in this subsection referred to as Statewide Councils) under subsection (b), the Board shall develop guidelines, criteria, and standards for the formation of Statewide Councils. In order to create a Statewide Council, Members of Congress and Senators from each respective State are encouraged to work jointly with the Board.

(2) The establishment of Statewide Councils is intended to—

(A) facilitate expanded public participation and involvement in the program; and

(B) promote greater opportunities for involvement by members of the State congressional delegation.

(3) The duties and responsibilities of each Statewide Council established pursuant to this section shall include, but not be limited to, the following:

(A) promoting State and local awareness of the Congressional Award Program;

(B) review of participant records and activities;

(D) planning and organization of bronze and silver award ceremonies;

(E) assisting gold award recipients with travel to and from the national gold award ceremony; and

(F) designation of a Statewide coordinator to serve as a liaison between the State and local boards and the national board.

(4) Each Statewide Council established under this section may receive contributions, and use such contributions for the purposes of the Program. The Board shall adopt appropriate financial management methods in order to ensure the proper accounting of these funds. Each Statewide Council shall comply with subsections (a), (d), (e), and (h) governing the Board.

(5) Each Statewide Council established pursuant to this section shall comply with the standard charter requirements of the national board of directors.

(d) Contracting authority

(e) Obtaining and acceptance of non-Federal funds and resources; indirect resources

(1) Subject to the provisions of paragraph (2), the Board may seek and accept funds and other resources to carry out its activities. The Board may not accept any funds or other resources which are—

(A) donated with a restriction on their use unless such restriction merely provides that such funds or other resources be used in furtherance of the Congressional Award Program or a specific regional or local program or for scholarships; and

(B) donated subject to the condition that the identity of the donor of the funds or resources shall remain anonymous.

The Board may permit donors to use the name of the Board or the name “Congressional Award Program” in advertising.

(2) Except as otherwise provided in this chapter, the Board may not receive any Federal funds or resources. The Board may benefit from in-kind and indirect resources provided by Offices of Members of Congress or the Congress. Further, the Board is not prohibited from receiving indirect benefits from efforts or activities undertaken in collaboration with entities which receive Federal funds or resources.

(f) Acceptance and utilization of services of voluntary, uncompensated personnel

(g) Lease, etc., of real or personal property

(h) Fiscal authorityThe Board shall have no power—

(1) to issue bonds, notes, debentures, or other similar obligations creating long-term indebtedness;

(2) to issue any share of stock or to declare or pay any dividends; or

(3) to provide for any part of the income or assets of the Board to inure to the benefit of any director, officer, or employee of the Board except as reasonable compensation for services or reimbursement for expenses.

(i) Congressional Award Foundation

(1) The Board shall provide for the incorporation of a nonprofit corporation to be known as the Congressional Award Foundation (together with any subsidiary nonprofit corporations determined desirable by the Board, collectively referred to in this subchapter as the “Corporation”) for the sole purpose of assisting the Board to carry out the Congressional Award Program, and shall delegate to the Corporation such duties as it considers appropriate, including the employment of personnel, expenditure of funds, and the incurrence of financial or other contractual obligations.

(2) The articles of incorporation of the Congressional Award Foundation shall provide that—

(A) the members of the Board of Directors of the Foundation shall be the members of the Board, with up to 24 additional voting members appointed by the Board, and the Director who shall serve as a nonvoting member; and

(B) the extent of the authority of the Foundation shall be the same as that of the Board.

(3) No director, officer, or employee of any corporation established under this subsection may receive compensation, travel expenses, or benefits from both the Corporation and the Board.

(Pub. L. 96–114, title I, § 106, formerly § 7, Nov. 16, 1979, 93 Stat. 854; Pub. L. 99–161, § 4(f), Nov. 25, 1985, 99 Stat. 935; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 100–674, § 2(c), Nov. 17, 1988, 102 Stat. 3996; Pub. L. 101–525, § 7, Nov. 6, 1990, 104 Stat. 2306; renumbered title I, § 106, Pub. L. 106–533, § 1(b)(1), (2), Nov. 22, 2000, 114 Stat. 2553; Pub. L. 111–200, § 2(d)–(g), July 7, 2010, 124 Stat. 1369.)

§ 807. Audits

(a) Contracts with independent public accountant

(b) Annual report to Congress on audit results

(1) The Comptroller General of the United States shall review each annual audit conducted under subsection (a).

(2) For purposes of a review under paragraph (1), the Comptroller General, or any duly authorized representative of the Comptroller General, shall have access to any books, documents, papers, and records of the Board or such corporation, or any agent of the Board or such corporation, including the independent external auditor designated under subsection (a), which, in the opinion of the Comptroller General, may be pertinent.

(3) Not later than 180 days after the date on which the Comptroller General receives a report under subsection (b), the Comptroller General shall submit to Congress a report containing the results of the review conducted under paragraph (1) with respect to the preceding year.

(Pub. L. 96–114, title I, § 107, formerly § 8, Nov. 16, 1979, 93 Stat. 855; Pub. L. 99–161, § 4(g), Nov. 25, 1985, 99 Stat. 935; Pub. L. 100–674, § 2(e), Nov. 17, 1988, 102 Stat. 3998; Pub. L. 101–525, § 8, Nov. 6, 1990, 104 Stat. 2308; renumbered title I, § 107, Pub. L. 106–533, § 1(b)(1), (2), Nov. 22, 2000, 114 Stat. 2553; Pub. L. 113–188, title IX, § 902(c)(1), Nov. 26, 2014, 128 Stat. 2021.)

§ 808. Termination

The Board shall terminate October 1, 2023.

(Pub. L. 96–114, title I, § 108, formerly § 9, Nov. 16, 1979, 93 Stat. 855; Pub. L. 99–161, § 3, Nov. 25, 1985, 99 Stat. 934; Pub. L. 100–674, § 2(d), Nov. 17, 1988, 102 Stat. 3997; Pub. L. 101–525, § 2(a), Nov. 6, 1990, 104 Stat. 2305; Pub. L. 102–457, § 3, Oct. 23, 1992, 106 Stat. 2266; Pub. L. 104–208, div. A, title V, § 5401(b), Sept. 30, 1996, 110 Stat. 3009–511; Pub. L. 106–63, § 1(d), Oct. 1, 1999, 113 Stat. 510; renumbered title I, § 108, Pub. L. 106–533, § 1(b)(1), (2), Nov. 22, 2000, 114 Stat. 2553; Pub. L. 109–143, § 1(b)(1), Dec. 22, 2005, 119 Stat. 2659; Pub. L. 111–200, § 2(h)(1), July 7, 2010, 124 Stat. 1370; Pub. L. 113–43, § 2, Oct. 4, 2013, 127 Stat. 554; Pub. L. 115–268, § 2(a), Oct. 11, 2018, 132 Stat. 3762.)