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Title 2 — The Congress

Chapter 19 — Congressional Award Program

§ 804. Administration

Statutory text

(a)

Director; status; appointment and term; removal

In the administration of the Congressional Award Program, the Board shall be assisted by a Director, who shall be the principal executive of the program and who shall supervise the affairs of the Board. The Director shall be appointed by a majority vote of the Board, and shall serve for such term as the Board may determine. The Director may be removed by a majority vote of the Board.

(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.

(c)

Requirements regarding financial operations; noncompliance with requirements

(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.

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. Pub. L. 96–114 title I § 104 · 93 Stat. 851

    Enacted · 2 U.S.C. § 804

    Pub. L. 96–114, title I, § 104, formerly § 5, Nov. 16, 1979, 93 Stat. 853

    Target inherited from the preceding amendment note.

    Source evidence

    Code source credit
    Pub. L. 96–114, title I, § 104, formerly § 5, Nov. 16, 1979, 93 Stat. 853

    Enacted provision · exact public law section
    Sec. 5. national director (a) In the administration of the Congressional Award 2 USC 804. Program, the Board shall be assisted by a Director, who shall be the principal executive of the program and who shall supervise the affairs of the Board. The Director shall be appointed by a majority vote of the Board, and shall serve for such term as the Board may determine. The Director may be removed by a majority vote of the Board. (b) 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.

  2. Congressional Award Act Amendments of 1992

    Pub. L. 102–457 § 2 · 106 Stat. 2265

    Added · 2 U.S.C. § 804(c)

    Pub. L. 102–457 added subsec. (c)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 102–457 added subsec. (c).

    Enacted provision · exact public law section
    SEC. 2. REQUIREMENTS REGARDING FINANCIAL OPERATIONS OF CONGRESSIONAL AWARD PROGRAM; NONCOMPLIANCE WITH REQUIREMENTS. Section 5 of the Congressional Award Act (2 U.S.C. 804) is amended by adding at the end the following subsection: “(c) (1) The Director shall, in consultation with the Board, ensure that appropriate procedures for fiscal control and fund 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, for any calendar year, exceed the assets of the Board. “(2) (A) The Comptroller General of the United States shall Reports. determine, for calendar years 1993 and 1994, whether the Director has substantially complied with paragraph (1). The findings made by the Comptroller General under the preceding sentence shall be included in the first report submitted under section 8(b) after December 31, 1994. “(B) If the Director fails to substantially comply with paragraph (1), the Board shall take such actions as may be necessary to prepare, pursuant to section 9, for the orderly cessation of the activities of the Board.”.

  3. Pub. L. 104–208 div. A title V § 5401(a) · 110 Stat. 3009

    Substituted · 2 U.S.C. § 804(c)(2)(A)

    Pub. L. 104–208 substituted “1994, 1995, 1996, 1997, and 1998” for “and 1994”

    Source evidence

    Code amendment note
    Subsec. (c)(2)(A). Pub. L. 104–208 substituted “1994, 1995, 1996, 1997, and 1998” for “and 1994”.

    Enacted provision · exact public law section
    (a) Extension of Requirements Regarding Financial Operations of Congressional Award Program; Noncompliance With Requirements.— Section 5(c)(2)(A) of the Congressional Award Act (2 U.S.C. 804(c)(2)(A)) is amended by striking “and 1994” and inserting “1994, 1995, 1996, 1997, and 1998”.

  4. Pub. L. 106–63 § 1(c) · 113 Stat. 510

    Substituted · 2 U.S.C. § 804(c)(2)(A)

    Pub. L. 106–63 substituted “1998, 1999, 2000, 2001, 2002, 2003, and 2004” for “and 1998”

    Source evidence

    Code amendment note
    Subsec. (c)(2)(A). Pub. L. 106–63 substituted “1998, 1999, 2000, 2001, 2002, 2003, and 2004” for “and 1998”.

    Enacted provision · exact public law section
    (c) Extension of Requirements Regarding Financial Operations of Congressional Award Program; Noncompliance With Requirements.— Section 5(c)(2)(A) of the Congressional Award Act (2 U.S.C. 804(c)(2)(A)) is amended by striking “and 1998” and inserting “1998, 1999, 2000, 2001, 2002, 2003, and 2004”.

  5. Pub. L. 109–143 § 1(a) · 119 Stat. 2659

    1. Inserted · 2 U.S.C. § 804(c)(2)(A)

      Pub. L. 109–143 inserted comma after “1993”

    2. Substituted · 2 U.S.C. § 804(c)(2)(A)

      Pub. L. 109–143 substituted “2004, 2005, 2006, 2007, 2008, and 2009” for “and 2004”

    Source evidence

    Code amendment note
    Subsec. (c)(2)(A). Pub. L. 109–143 inserted comma after “1993” and substituted “2004, 2005, 2006, 2007, 2008, and 2009” for “and 2004”.

    Enacted provision · exact public law section
    (a) Extension of Requirements Regarding Financial Operations of Congressional Award Program; Noncompliance With Requirements.— Section 104(c)(2)(A) of the Congressional Award Act (2 U.S.C. 804(c)(2)(A)) is amended by striking “and 2004” and inserting “2004, 2005, 2006, 2007, 2008, and 2009”.

  6. Congressional Award Program Reauthorization Act of 2009

    Pub. L. 111–200 § 2(c)(1) · 124 Stat. 1368

    Substituted · 2 U.S.C. § 804(c)(1)

    Pub. L. 111–200, § 2(c)(1), which directed substitution of “in any fiscal year” for “, in any calendar year,” in third sentence, was executed by making the substitution for “, for any calendar year,” to reflect the probable intent of Congress

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 111–200, § 2(c)(1), which directed substitution of “in any fiscal year” for “, in any calendar year,” in third sentence, was executed by making the substitution for “, for any calendar year,” to reflect the probable intent of Congress.

    Enacted provision · exact public law section
    (1) in paragraph (1), in the third sentence, by striking “, in any calendar year,” and inserting “in any fiscal year”; and

  7. Congressional Award Program Reauthorization Act of 2009

    Pub. L. 111–200 § 2(c)(2) · 124 Stat. 1368

    1. Added · 2 U.S.C. § 804(c)(2)

      Pub. L. 111–200, § 2(c)(2), added par. (2)

    2. Struck · 2 U.S.C. § 804(c)(2)

      Pub. L. 111–200, § 2(c)(2), struck out former par. (2) which read as follows:

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 111–200, § 2(c)(2), added par. (2) and struck out former par. (2) which read as follows:

    “(2)(A) The Comptroller General of the United States shall determine, for calendar years 1993, 1994, 1995, 1996, 1997, 1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, and 2009, whether the Director has substantially complied with paragraph (1). The findings made by the Comptroller General under the preceding sentence shall be included in the first report submitted under section 807(b) of this title after December 31, 1994. “(B) If the Director fails to substantially comply with paragraph (1), the Board shall take such actions as may be necessary to prepare, pursuant to section 808 of this title, for the orderly cessation of the activities of the Board.”

    Enacted provision · exact public law section
    (2) by striking paragraph (2) and inserting the following: “(2) (A) The Determination. Comptroller General of the United States shall determine for each fiscal year whether the Director has substantially complied with paragraph (1). The findings made by the Comptroller General under the preceding sentence shall be included in the reports submitted under section 107(b). “(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.” .

  8. Government Reports Elimination Act of 2014

    Pub. L. 113–188 § 902(c)(2)(A) · 128 Stat. 2016

    1. Inserted · 2 U.S.C. § 804(c)(1)

      Pub. L. 113–188, § 902(c)(2)(A), inserted “policies and” before “procedures”

    2. Struck · 2 U.S.C. § 804(c)(1)

      Pub. L. 113–188, § 902(c)(2)(A), struck out “fund” before “accounting are established”

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 113–188, § 902(c)(2)(A), inserted “policies and” before “procedures” and struck out “fund” before “accounting are established”.

    Enacted provision · exact public law section
    (A) in paragraph (1), in the first sentence, by— (i) inserting “policies and” before “procedures”; and (ii) striking “fund”; and

    Effective date note
    Pub. L. 113–188, title IX, § 902(c)(3), Nov. 26, 2014, 128 Stat. 2022, provided that: “The amendments made by this subsection [amending this section and section 807 of this title] shall take effect on October 1, 2014.”

  9. Government Reports Elimination Act of 2014

    Pub. L. 113–188 § 902(c)(2)(B) · 128 Stat. 2016

    1. Substituted · 2 U.S.C. § 804(c)(2)(A)

      Pub. L. 113–188, § 902(c)(2)(B), substituted “The independent public accountant conducting the annual audit of the financial records of the Board pursuant to section 807(a) of this title” for “The Comptroller General of the United States”

    2. Substituted · 2 U.S.C. § 804(c)(2)(A)

      Pub. L. 113–188, § 902(c)(2)(B), substituted “the independent public accountant” for “the Comptroller General”

    Source evidence

    Code amendment note
    Subsec. (c)(2)(A). Pub. L. 113–188, § 902(c)(2)(B), substituted “The independent public accountant conducting the annual audit of the financial records of the Board pursuant to section 807(a) of this title” for “The Comptroller General of the United States” and “the independent public accountant” for “the Comptroller General”.

    Enacted provision · exact public law section
    (B) in paragraph (2)(A)— (i) in the first sentence, by striking “The Comptroller General of the United States” and inserting “The independent public accountant conducting the annual audit of the financial records of the Board pursuant to section 107(a)”; and (ii) in the second sentence, by striking “the Comptroller General” and inserting “the independent public accountant”.

    Effective date note
    Pub. L. 113–188, title IX, § 902(c)(3), Nov. 26, 2014, 128 Stat. 2022, provided that: “The amendments made by this subsection [amending this section and section 807 of this title] shall take effect on October 1, 2014.”

13 of 13 references resolved to an enrolled provision

Editorial Notes

Amendments1992–2014 · 6 rounds

2014

Subsec. (c)(1). Pub. L. 113–188, § 902(c)(2)(A), inserted “policies and” before “procedures” and struck out “fund” before “accounting are established”.

Subsec. (c)(2)(A). Pub. L. 113–188, § 902(c)(2)(B), substituted “The independent public accountant conducting the annual audit of the financial records of the Board pursuant to section 807(a) of this title” for “The Comptroller General of the United States” and “the independent public accountant” for “the Comptroller General”.

2010

Subsec. (c)(1). Pub. L. 111–200, § 2(c)(1), which directed substitution of “in any fiscal year” for “, in any calendar year,” in third sentence, was executed by making the substitution for “, for any calendar year,” to reflect the probable intent of Congress.

Subsec. (c)(2). Pub. L. 111–200, § 2(c)(2), added par. (2) and struck out former par. (2) which read as follows:

“(2)(A) The Comptroller General of the United States shall determine, for calendar years 1993, 1994, 1995, 1996, 1997, 1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, and 2009, whether the Director has substantially complied with paragraph (1). The findings made by the Comptroller General under the preceding sentence shall be included in the first report submitted under section 807(b) of this title after .

“(B) If the Director fails to substantially comply with paragraph (1), the Board shall take such actions as may be necessary to prepare, pursuant to section 808 of this title, for the orderly cessation of the activities of the Board.”

2005

Subsec. (c)(2)(A). Pub. L. 109–143 inserted comma after “1993” and substituted “2004, 2005, 2006, 2007, 2008, and 2009” for “and 2004”.

1999

Subsec. (c)(2)(A). Pub. L. 106–63 substituted “1998, 1999, 2000, 2001, 2002, 2003, and 2004” for “and 1998”.

1996

Subsec. (c)(2)(A). Pub. L. 104–208 substituted “1994, 1995, 1996, 1997, and 1998” for “and 1994”.

1992

Subsec. (c). Pub. L. 102–457 added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date of 2014 Amendment

Pub. L. 113–188, title IX, § 902(c)(3), , 128 Stat. 2022, provided that: “The amendments made by this subsection [amending this section and section 807 of this title] shall take effect on .”

Credits

1979–2014 · 8 acts
  1. 1979Pub. L. 96–114, title I, § 104, formerly § 5, , 93 Stat. 853
  2. 1992Pub. L. 102–457, § 2, , 106 Stat. 2265
  3. 1996Pub. L. 104–208, div. A, title V, § 5401(a), , 110 Stat. 3009–511
  4. 1999Pub. L. 106–63, § 1(c), , 113 Stat. 510
  5. 2000renumbered title I, § 104, Pub. L. 106–533, § 1(b)(1), (2), , 114 Stat. 2553
  6. 2005Pub. L. 109–143, § 1(a), (c)(2), , 119 Stat. 2659
  7. 2010Pub. L. 111–200, § 2(c), , 124 Stat. 1369
  8. 2014Pub. L. 113–188, title IX, § 902(c)(2), , 128 Stat. 2021.
Show as published

(Pub. L. 96–114, title I, § 104, formerly § 5, , 93 Stat. 853; Pub. L. 102–457, § 2, , 106 Stat. 2265; Pub. L. 104–208, div. A, title V, § 5401(a), , 110 Stat. 3009–511; Pub. L. 106–63, § 1(c), , 113 Stat. 510; renumbered title I, § 104, Pub. L. 106–533, § 1(b)(1), (2), , 114 Stat. 2553; Pub. L. 109–143, § 1(a), (c)(2), , 119 Stat. 2659; Pub. L. 111–200, § 2(c), , 124 Stat. 1369; Pub. L. 113–188, title IX, § 902(c)(2), , 128 Stat. 2021.)

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USLM identifier /us/usc/t2/s804