§ 1161. Bill Emerson National Hunger Fellows and Mickey Leland International Hunger Fellows

Footnotes

1. 1 So in original. Probably should be “section:”.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2002

   Pub. L. 107–171 title IV § 4404 · 116 Stat. 134

   Enacted · 2 U.S.C. § 1161

   Pub. L. 107–171, title IV, § 4404, May 13, 2002, 116 Stat. 335

   Source evidence

   Code source credit
   Pub. L. 107–171, title IV, § 4404, May 13, 2002, 116 Stat. 335

   Enacted provision · exact public law section
   SEC. 4404. HUNGER FELLOWSHIP PROGRAM. (a) Short Title; Findings.— (1) Short title.— This section may be cited as the 2 USC 1161. “Congressional Hunger Fellows Act of 2002”. (2) Findings.— The Congress finds as follows: (A) There is a critical need for compassionate individuals who are committed to assisting people who suffer from hunger as well as a need for such individuals to initiate and administer solutions to the hunger problem. (B) Bill Emerson, the distinguished late Representative from the 8th District of Missouri, demonstrated his commitment to solving the problem of hunger in a bipartisan manner, his commitment to public service, and his great affection for the institution and the ideals of the United States Congress. (C) George T. (Mickey) Leland, the distinguished late Representative from the 18th District of Texas, demonstrated his compassion for those in need, his high regard for public service, and his lively exercise of political talents. (D) The special concern that Mr. Emerson and Mr. Leland demonstrated during their lives for the hungry and poor was an inspiration for others to work toward the goals of equality and justice for all. (E) These two outstanding leaders maintained a special bond of friendship regardless of political affiliation and worked together to encourage future leaders to recognize and provide service to others, and therefore it is especially appropriate to honor the memory of Mr. Emerson and Mr. Leland by creating a fellowship program to develop and train the future leaders of the United States to pursue careers in humanitarian service. (b) Establishment.— There is established as an independent entity of the legislative branch of the United States Government the Congressional Hunger Fellows Program (hereinafter in this section referred to as the “Program”). (c) Board of Trustees.— (1) In general.— The Program shall be subject to the supervision and direction of a Board of Trustees. (2) Members of the board of trustees.— (A) Appointment.— The Board shall be composed of 6 voting members appointed under clause (i) and one nonvoting ex officio member designated in clause (ii) as follows: (i) Voting members.— (I) The Speaker of the House of Representatives shall appoint two members. (II) The minority leader of the House of Representatives shall appoint one member. (III) The majority leader of the Senate shall appoint two members. (IV) The minority leader of the Senate shall appoint one member. (ii) Nonvoting member.— The Executive Director of the program shall serve as a nonvoting ex officio member of the Board. (B) Terms.— Members of the Board shall serve a term of 4 years. (C) Vacancy.— (i) Authority of board.— A vacancy in the membership of the Board does not affect the power of the remaining members to carry out this section. (ii) Appointment of successors.— A vacancy in the membership of the Board shall be filled in the same manner in which the original appointment was made. (iii) Incomplete term.— If a member of the Board does not serve the full term applicable to the member, the individual appointed to fill the resulting vacancy shall be appointed for the remainder of the term of the predecessor of the individual. (D) Chairperson.— As the first order of business of the first meeting of the Board, the members shall elect a Chairperson. (E) Compensation.— (i) In general.— Subject to clause (ii), members of the Board may not receive compensation for service on the Board. (ii) Travel.— Members of the Board may be reimbursed for travel, subsistence, and other necessary expenses incurred in carrying out the duties of the program. (3) Duties.— (A) Bylaws.— (i) Establishment.— The Board shall establish such bylaws and other regulations as may be appropriate to enable the Board to carry out this section, including the duties described in this paragraph. (ii) Contents.— Such bylaws and other regulations shall include provisions— (I) for appropriate fiscal control, funds accountability, and operating principles; (II) 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 and in the selection and placement of individuals in the fellowships developed under the program; (III) for the resolution of a tie vote of the members of the Board; and (IV) for authorization of travel for members of the Board. (iii) Transmittal to congress.— Not later than 90 days after the date of the first meeting of the Board, the Chairperson of the Board shall transmit to the appropriate congressional committees a copy of such bylaws. (B) Budget.— For each fiscal year the program is in operation, the Board shall determine a budget for the program for that fiscal year. All spending by the program shall be pursuant to such budget unless a change is approved by the Board. (C) Process for selection and placement of fellows.— The Board shall review and approve the process established by the Executive Director for the selection and placement of individuals in the fellowships developed under the program. (D) Allocation of funds to fellowships.— The Board of Trustees shall determine the priority of the programs to be carried out under this section and the amount of funds to be allocated for the Emerson and Leland fellowships. (d) Purposes; Authority of Program.— (1) Purposes.— The purposes of the program are— (A) to encourage future leaders of the United States to pursue careers in humanitarian service, to recognize the needs of people who are hungry and poor, and to provide assistance and compassion for those in need; (B) to increase awareness of the importance of public service; and (C) to provide training and development opportunities for such leaders through placement in programs operated by appropriate organizations or entities. (2) Authority.— The program is authorized to develop such fellowships to carry out the purposes of this section, including the fellowships described in paragraph (3). (3) Fellowships.— (A) In general.— The program shall establish and carry out the Bill Emerson Hunger Fellowship and the Mickey Leland Hunger Fellowship. (B) Curriculum.— (i) In general.— The fellowships established under subparagraph (A) shall provide experience and training to develop the skills and understanding necessary to improve the humanitarian conditions and the lives of individuals who suffer from hunger, including— (I) training in direct service to the hungry in conjunction with community-based organizations through a program of field placement; and (II) experience in policy development through placement in a governmental entity or nonprofit organization. (ii) Focus of bill emerson hunger fellowship.— The Bill Emerson Hunger Fellowship shall address hunger and other humanitarian needs in the United States. (iii) Focus of mickey leland hunger fellowship.— The Mickey Leland Hunger Fellowship shall address international hunger and other humanitarian needs. (iv) Workplan.— To carry out clause (i) and to assist in the evaluation of the fellowships under paragraph (4), the program shall, for each fellow, approve a work plan that identifies the target objectives for the fellow in the fellowship, including specific duties and responsibilities related to those objectives. (C) Period of fellowship.— (i) Emerson fellow.— A Bill Emerson Hunger Fellowship awarded under this paragraph shall be for no more than 1 year. (ii) Leland fellow.— A Mickey Leland Hunger Fellowship awarded under this paragraph shall be for no more than 2 years. Not less than 1 year of the fellowship shall be dedicated to fulfilling the requirement of subparagraph (B)(i)(I). (D) Selection of fellows.— (i) In general.— A fellowship shall be awarded pursuant to a nationwide competition established by the program. (ii) Qualification.— A successful applicant shall be an individual who has demonstrated— (I) an intent to pursue a career in humanitarian service and outstanding potential for such a career; (II) leadership potential or actual leadership experience; (III) diverse life experience; (IV) proficient writing and speaking skills; (V) an ability to live in poor or diverse communities; and (VI) such other attributes as determined to be appropriate by the Board. (iii) Amount of award.— (I) In general.— Each individual awarded a fellowship under this paragraph shall receive a living allowance and, subject to subclause (II), an end-of-service award as determined by the program. (II) >Requirement for successful completion of fellowship.— Each individual awarded a fellowship under this paragraph shall be entitled to receive an end-of-service award at an appropriate rate for each month of satisfactory service as determined by the Executive Director. (iv) Recognition of fellowship award.— (I) Emerson fellow.— An individual awarded a fellowship from the Bill Emerson Hunger Fellowship shall be known as an “Emerson Fellow”. (II) Leland fellow.— An individual awarded a fellowship from the Mickey Leland Hunger Fellowship shall be known as a “Leland Fellow”. (4) Evaluation.— The program shall conduct periodic evaluations of the Bill Emerson and Mickey Leland Hunger Fellowships. Such evaluations shall include the following: (A) An assessment of the successful completion of the work plan of the fellow. (B) An assessment of the impact of the fellowship on the fellows. (C) An assessment of the accomplishment of the purposes of the program. (D) An assessment of the impact of the fellow on the community. (e) Trust Fund.— (1) Establishment.— There is established the Congressional Hunger Fellows Trust Fund (hereinafter in this section referred to as the “Fund”) in the Treasury of the United States, consisting of amounts appropriated to the Fund under subsection (i), amounts credited to it under paragraph (3), and amounts received under subsection (g)(3)(A). (2) Investment of funds.— The Secretary of the Treasury shall invest the full amount of the Fund. Each investment shall be made in an interest bearing obligation of the United States or an obligation guaranteed as to principal and interest by the United States that, as determined by the Secretary in consultation with the Board, has a maturity suitable for the Fund. (3) Return on investment.— Except as provided in subsection (f)(2), the Secretary of the Treasury shall credit to the Fund the interest on, and the proceeds from the sale or redemption of, obligations held in the Fund. (f) Expenditures; Audits.— (1) In general.— The Secretary of the Treasury shall transfer to the program from the amounts described in subsection (e)(3) and subsection (g)(3)(A) such sums as the Board determines are necessary to enable the program to carry out the provisions of this section. (2) Limitation.— The Secretary may not transfer to the program the amounts appropriated to the Fund under subsection (i). (3) Use of funds.— Funds transferred to the program under paragraph (1) shall be used for the following purposes: (A) Stipends for fellows.— To provide for a living allowance for the fellows. (B) Travel of fellows.— To defray the costs of transportation of the fellows to the fellowship placement sites. (C) Insurance.— To defray the costs of appropriate insurance of the fellows, the program, and the Board. (D) Training of fellows.— To defray the costs of preservice and midservice education and training of fellows. (E) Support staff.— Staff described in subsection (g). (F) Awards.— End-of-service awards under subsection (d)(3)(D)(iii)(II). (G) Additional approved uses.— For such other purposes that the Board determines appropriate to carry out the program. (4) Audit by gao.— (A) In general.— The Comptroller General of the United States shall conduct an annual audit of the accounts of the program. (B) Books.— The program shall make available to the Comptroller General all books, accounts, financial records (including records of salaries of the Executive Director and other personnel), reports, files, and all other papers, things, or property belonging to or in use by the program and necessary to facilitate such audit. (C) Report to congress.— The Comptroller General shall submit a copy of the results of each such audit to the appropriate congressional committees. (g) Staff; Powers of Program.— (1) Executive director.— (A) In general.— The Board shall appoint an Executive Director of the program who shall administer the program. The Executive Director shall carry out such other functions consistent with the provisions of this section as the Board shall prescribe. (B) Restriction.— The Executive Director may not serve as Chairperson of the Board. (C) Compensation.— The Executive Director shall be paid at a rate not to exceed the rate of basic pay payable for level V of the Executive Schedule under section 5316 of title 5, United States Code. (2) Staff.— (A) In general.— With the approval of a majority of the Board, the Executive Director may appoint and fix the pay of additional personnel as the Executive Director considers necessary and appropriate to carry out the functions of the provisions of this section. (B) Compensation.— An individual appointed under subparagraph (A) shall be paid at a rate not to exceed the rate of basic pay payable for level GS-15 of the General Schedule. (3) Powers.— In order to carry out the provisions of this section, the program may perform the following functions: (A) Gifts.— The program may solicit, accept, use, and dispose of gifts, bequests, or devises of services or property, both real and personal, for the purpose of aiding or facilitating the work of the program. Gifts, bequests, or devises of money and proceeds from sales of other property received as gifts, bequests, or devises shall be deposited in the Fund and shall be available for disbursement upon order of the Board. (B) Experts and consultants.— The program may procure temporary and intermittent services under section 3109 of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the maximum annual rate of basic pay payable for GS-15 of the General Schedule. (C) Contract authority.— The program may contract, with the approval of a majority of the members of the Board, with and compensate Government and private agencies or persons without regard to section 3709 of the Revised Statutes (41 U.S.C. 5). (D) Other necessary expenditures.— The program shall make such other expenditures which the program considers necessary to carry out the provisions of this section, but excluding project development. (h) Report.— Not later than December 31 of each year, the Deadline. Board shall submit to the appropriate congressional committees a report on the activities of the program carried out during the previous fiscal year, and shall include the following: (1) An analysis of the evaluations conducted under subsection (d)(4) (relating to evaluations of the Emerson and Leland fellowships and accomplishment of the program purposes) during that fiscal year. (2) A statement of the total amount of funds attributable to gifts received by the program in that fiscal year (as authorized under subsection (g)(3)(A)), and the total amount of such funds that were expended to carry out the program that fiscal year. (i) Authorization of Appropriations.— There are authorized to be appropriated $18,000,000 to carry out the provisions of this section. (j) Definition.— In this section, the term “appropriate congressional committees” means— (1) the Committee on Agriculture and the Committee on International Relations of the House of Representatives; and (2) the Committee on Agriculture, Nutrition, and Forestry and the Committee on Foreign Relations of the Senate.

2. 2007

   Legislative Branch Appropriations Act, 2008

   Pub. L. 110–161 div. H title I § 1502(c) · 121 Stat. 1844

   1. Substituted · 2 U.S.C. § 1161(f)(4)(A)

      Pub. L. 110–161, which directed that subpar. (A) be amended by substituting “may” for “shall”

   2. Substituted · 2 U.S.C. § 1161(f)(4)(A)

      Pub. L. 110–161, which directed that subpar. (A) be striking out “annual.”, was executed by making the substitution

   3. Struck · 2 U.S.C. § 1161(f)(4)(A)

      Pub. L. 110–161, which directed that subpar. (A) be striking out “annual” before “audit”, to reflect the probable intent of Congress

   Source evidence

   Code amendment note
   Subsec. (f)(4)(A). Pub. L. 110–161, which directed that subpar. (A) be amended by substituting “may” for “shall” and striking out “annual.”, was executed by making the substitution and striking out “annual” before “audit”, to reflect the probable intent of Congress.

   Enacted provision · exact public law section
   (c) Congressional Hunger Fellowship Program Audit.— Section 4404(f)(4)(A) of the Congressional Hunger Fellows Act of 2002 (2 U.S.C. 1161(f)(4)(A); Public Law 107–171) is amended— (1) by striking “shall” and inserting “may”; and (2) by striking “annual.”.

3. 2008

   Food, Conservation, and Energy Act of 2008

   Pub. L. 110–246 § 4401 · 122 Stat. 1651

   1. Amended · 2 U.S.C. § 1161

      Pub. L. 110–246, § 4401, amended section generally

   2. Substituted · 2 U.S.C. § 1161

      Pub. L. 110–246, § 4401, substituting subsecs. (a) to (g) establishing the Bill Emerson National Hunger Fellowship Program and the Mickey Leland International Hunger Fellowship Program for former subsecs. (a) to (j) which established the Congressional Hunger Fellows Program

   Source evidence

   Code amendment note
   Pub. L. 110–246, § 4401, amended section generally, substituting subsecs. (a) to (g) establishing the Bill Emerson National Hunger Fellowship Program and the Mickey Leland International Hunger Fellowship Program for former subsecs. (a) to (j) which established the Congressional Hunger Fellows Program.

   Enacted provision · exact public law section
   SEC. 4401. BILL EMERSON NATIONAL HUNGER FELLOWS AND MICKEY LELAND INTERNATIONAL HUNGER FELLOWS.   Section 4404 of the Farm Security and Rural Investment Act of 2002 (2 U.S.C. 1161) is amended to read as follows: “SEC. 4404. BILL EMERSON NATIONAL HUNGER FELLOWS AND MICKEY LELAND INTERNATIONAL HUNGER FELLOWS. “(a) Short Title.— This section may be cited as the ‘Bill Emerson National Hunger Fellows and Mickey Leland International Hunger Fellows Program Act of 2008’. “(b) Definitions.— In this subsection: “(1) Director.— The term ‘Director’ means the head of the Congressional Hunger Center. “(2) Fellow.— The term ‘fellow’ means— “(A) a Bill Emerson Hunger Fellow; or “(B) Mickey Leland Hunger Fellow. “(3) Fellowship programs.— The term ‘Fellowship Programs’ means the Bill Emerson National Hunger Fellowship Program and the Mickey Leland International Hunger Fellowship Program established under subsection (c)(1). “(c) Fellowship Programs.— “(1) In general.— There is established the Bill Emerson National Hunger Fellowship Program and the Mickey Leland International Hunger Fellowship Program. “(2) Purposes.— “(A) In general.— The purposes of the Fellowship Programs are— “(i) to encourage future leaders of the United States— “(I) to pursue careers in humanitarian and public service; “(II) to recognize the needs of low-income people and hungry people; “(III) to provide assistance to people in need; and “(IV) to seek public policy solutions to the challenges of hunger and poverty; “(ii) to provide training and development opportunities for such leaders through placement in programs operated by appropriate organizations or entities; and “(iii) to increase awareness of the importance of public service. “(B) Bill emerson hunger fellowship program.— The purpose of the Bill Emerson Hunger Fellowship Program is to address hunger and poverty in the United States. “(C) Mickey leland hunger fellowship program.— The purpose of the Mickey Leland Hunger Fellowship Program is to address international hunger and other humanitarian needs. “(3) Administration.— “(A) In general.— Subject to subparagraph (B), the Secretary shall offer to provide a grant to the Congressional Hunger Center to administer the Fellowship Programs. “(B) Terms of grant.— The terms of the grant provided under subparagraph (A), including the length of the grant and provisions for the alteration or termination of the grant, shall be determined by the Secretary in accordance with this section. “(d) Fellowships.— “(1) In general.— The Director shall make available Bill Emerson Hunger Fellowships and Mickey Leland Hunger Fellowships in accordance with this subsection. “(2) Curriculum.— “(A) In general.— The Fellowship Programs shall provide experience and training to develop the skills necessary to train fellows to carry out the purposes described in subsection (c)(2), including— “(i) training in direct service programs for the hungry and other anti-hunger programs in conjunction with community-based organizations through a program of field placement; and “(ii) providing experience in policy development through placement in a governmental entity or nongovernmental, nonprofit, or private sector organization. “(B) Work plan.— To carry out subparagraph (A) and assist in the evaluation of the fellowships under paragraph (6), the Director shall, for each fellow, approve a work plan that identifies the target objectives for the fellow in the fellowship, including specific duties and responsibilities relating to those objectives. “(3) Period of fellowship.— “(A) Bill emerson hunger fellow.— A Bill Emerson Hunger Fellowship awarded under this section shall be for not more than 15 months. “(B) Mickey leland hunger fellow.— A Mickey Leland Hunger Fellowship awarded under this section shall be for not more than 2 years. “(4) Selection of fellows.— “(A) In general.— Fellowships shall be awarded pursuant to a nationwide competition established by the Director. “(B) Qualifications.— A successful program applicant shall be an individual who has demonstrated— “(i) an intent to pursue a career in humanitarian services and outstanding potential for such a career; “(ii) leadership potential or actual leadership experience; “(iii) diverse life experience; “(iv) proficient writing and speaking skills; “(v) an ability to live in poor or diverse communities; and “(vi) such other attributes as are considered to be appropriate by the Director. “(5) Amount of award.— “(A) In general.— A fellow shall receive— “(i) a living allowance during the term of the Fellowship; and “(ii) subject to subparagraph (B), an end-of-service award. “(B) Requirement for successful completion of fellowship.— Each fellow shall be entitled to receive an end-of-service award at an appropriate rate for each month of satisfactory service completed, as determined by the Director. “(C) Terms of fellowship.— A fellow shall not be considered an employee of— “(i) the Department of Agriculture; “(ii) the Congressional Hunger Center; or “(iii) a host agency in the field or policy placement of the fellow. “(D) Recognition of fellowship award.— “(i) Emerson fellow.— An individual awarded a fellowship from the Bill Emerson Hunger Fellowship shall be known as an ‘Emerson Fellow’. “(ii) Leland fellow.— An individual awarded a fellowship from the Mickey Leland Hunger Fellowship shall be known as a ‘Leland Fellow’. “(6) Evaluations and audits.— Under terms stipulated in the contract entered into under subsection (c)(3), the Director shall— “(A) conduct periodic evaluations of the Fellowship Programs; and “(B) arrange for annual independent financial audits of expenditures under the Fellowship Programs. “(e) Authority.— “(1) In general.— Subject to paragraph (2), in carrying out this section, the Director may solicit, accept, use, and dispose of gifts, bequests, or devises of services or property, both real and personal, for the purpose of facilitating the work of the Fellowship Programs. “(2) Limitation.— Gifts, bequests, or devises of money and proceeds from sales of other property received as gifts, bequests, or devises shall be used exclusively for the purposes of the Fellowship Programs. “(f) Report.— The Director shall annually submit to the Secretary of Agriculture, the Committee on Agriculture of the House of Representatives, and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that— “(1) describes the activities and expenditures of the Fellowship Programs during the preceding fiscal year, including expenditures made from funds made available under subsection (g); and “(2) includes the results of evaluations and audits required by subsection (d). “(g) Authorization of Appropriations.— There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this section, to remain available until expended.” .

   Effective date note
   Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, except as otherwise provided, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture. Pub. L. 110–234, title IV, § 4407, May 22, 2008, 122 Stat. 1142, and Pub. L. 110–246, § 4(a), title IV, § 4407, June 18, 2008, 122 Stat. 1664, 1903, provided that: “Except as otherwise provided in this title [see Tables for classification], this title and the amendments made by this title take effect on October 1, 2008.” [Pub. L. 110–234 and Pub. L. 110–246 enacted identical provisions. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture.]

6 of 6 references resolved to an enrolled provision