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Title 20 — Education

Chapter 66 — Morris K. Udall and Stewart L. Udall Foundation

§ 5603. Establishment of Morris K. Udall and Stewart L. Udall Foundation

Statutory text

(a)

Establishment

There is established as an independent entity of the executive branch of the United States Government, the Morris K. Udall and Stewart L. Udall Foundation.

(b)

Board of Trustees

The Foundation shall be subject to the supervision and direction of the Board of Trustees. The Board shall be comprised of thirteen trustees, eleven of whom shall be voting members of the Board, as follows:

(1)

Two Trustees, shall be appointed by the President, with the advice and consent of the Senate, after considering the recommendation of the Speaker of the House of Representatives, in consultation with the Minority Leader of the House of Representatives.

(2)

Two Trustees, shall be appointed by the President, with the advice and consent of the Senate, after considering the recommendation of the President pro tempore of the Senate, in consultation with the Majority and Minority Leaders of the Senate.

(3)

Five Trustees, not more than three of whom shall be of the same political party, shall be appointed by the President with the advice and consent of the Senate, who have shown leadership and interest in—

(A)

the continued use, enjoyment, education, and exploration of our Nation’s rich and bountiful natural resources, such as presidents of major foundations involved with the environment; or

(B)

in the improvement of the health status of Native Americans and Alaska Natives and in strengthening tribal self-governance, such as tribal leaders involved in health and public policy development affecting Native American and Alaska Native communities.

(4)

The Secretary of the Interior, or the Secretary’s designee, who shall serve as a voting ex officio member of the Board but shall not be eligible to serve as Chairperson.

(5)

The Secretary of Education, or the Secretary’s designee, who shall serve as a voting ex officio member of the Board but shall not be eligible to serve as Chairperson.

(6)

The President of the University of Arizona shall serve as a nonvoting, ex officio member and shall not be eligible to serve as chairperson.1

(7)

The chairperson of the President’s Council on Environmental Quality, who shall serve as a nonvoting, ex officio member and shall not be eligible to serve as chairperson.1

(c)

Term of office

(1)

 2 In general.—

The term of office of each member of the Board shall be six years, except that—

(A)

in the case of the Trustees first taking offices—

(i)

as designated by the President, one Trustee appointed pursuant to subsection (b)(2) and two trustees appointed pursuant to subsection (b)(3) shall each serve two years; and

(ii)

as designated by the President, one Trustee appointed pursuant to subsection (b)(1) and two Trustees appointed pursuant to subsection (b)(3) shall each serve four years; and

(iii)

as designated by the President, one Trustee appointed pursuant to subsection (b)(1), one Trustee appointed pursuant to subsection (b)(2), and one Trustee appointed pursuant to subsection (b)(3) shall each serve six years;

(B)

a Trustee appointed to fill a vacancy shall serve for the remainder of the term for which the Trustee’s predecessor was appointed and shall be appointed in the same manner as the original appointment for that vacancy was made; and

(C)

a Trustee may serve after the expiration of the Trustee’s term until a successor has been chosen.

(d)

Travel and subsistence pay

Trustees shall serve without pay, but shall be entitled to reimbursement for travel, subsistence, and other necessary expenses incurred in the performance of their duties as members of the Board.

(e)

Location of Foundation

The Foundation shall be located in Tucson, Arizona and the District of Columbia.

(f)

Executive Director

(1)

In general

There shall be an Executive Director of the Foundation who shall be appointed by the Board. The Executive Director shall be the chief executive officer of the Foundation and shall carry out the functions of the Foundation subject to the supervision and direction of the Board. The Executive Director shall carry out such other functions consistent with the provisions of this chapter as the Board shall prescribe.

(2)

Compensation

The Executive Director of the Foundation shall be compensated at a rate determined by the Board in accordance with section 5383 of title 5.

Footnotes

  1. 1 So in original. Probably should be capitalized.
  2. 2 So in original. No par. (2) has been enacted.

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. Morris K. Udall Scholarship and Excellence in National Environmental and Native American Public Policy Act of 1992

    Pub. L. 102–259 § 5 · 106 Stat. 78

    Enacted · 20 U.S.C. § 5603

    Pub. L. 102–259, § 5, Mar. 19, 1992, 106 Stat. 79

    Source evidence

    Code source credit
    Pub. L. 102–259, § 5, Mar. 19, 1992, 106 Stat. 79

    Enacted provision · exact public law section
    SEC. 5. ESTABLISHMENT OF THE MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN NATIONAL ENVIRONMENTAL POLICY FOUNDATION. (a) Establishment.— There is established as an independent entity of the executive branch of the United States Government, the Morris K. Udall Scholarship and Excellence in National Environmental Policy Foundation. (b) Board of Trustees.— The Foundation shall be subject to President. the supervision and direction of the Board of Trustees. The Board shall be comprised of twelve trustees, eleven of whom shall be voting members of the Board, as follows: (1) Two Trustees, shall be appointed by the President, with the advice and consent of the Senate, after considering the recommendation of the Speaker of the House of Representatives, in consultation with the Minority Leader of the House of Representatives. (2) Two Trustees, shall be appointed by the President, with the advice and consent of the Senate, after considering the recommendation of the President pro tempore of the Senate, in consultation with the Majority and Minority Leaders of the Senate. (3) Five Trustees, not more than three of whom shall be of the same political party, shall be appointed by the President with the advice and consent of the Senate, who have shown leadership and interest in— (A) the continued use, enjoyment, education, and exploration of our Nation’s rich and bountiful natural resources, such as presidents of major foundations involved with the environment; or (B) in the improvement of the health status of Native Americans and Alaska Natives and in strengthening tribal self-governance, such as tribal leaders involved in health and public policy development affecting Native American and Alaska Native communities. (4) The Secretary of the Interior, or the Secretary’s designee, who shall serve as a voting ex officio member of the Board but shall not be eligible to serve as Chairperson. (5) The Secretary of Education, or the Secretary’s designee, who shall serve as a voting ex officio member of the Board but shall not be eligible to serve as Chairperson. (6) The President of the University of Arizona shall serve as a nonvoting;, ex officio member and shall not be eligible to serve as chairperson. (c) Term of Office.— (1) In general.— The term of office of each member of the Board shall be six years, except that— (A) in the case of the Trustees first taking offices— (i) as designated by the President, one Trustee appointed pursuant to section 5(b)(2) and two trustees appointed pursuant to section 5(b)(3) shall each serve two years; and (ii) as designated by the President, one Trustee appointed pursuant to section 5(b)(l) and two Trustees appointed pursuant to section 5(b)(3) shall each serve four years; and (iii) as designated by the President, one Trustee appointed pursuant to section 5(b)(1), one Trustee appointed pursuant to section 5(b)(2), and one Trustee appointed pursuant to section 5(b)(3) shall each serve six years; and (B) a Trustee appointed to fill a vacancy shall serve for the remainder of the term for which the Trustee’s predecessor was appointed and shall be appointed in the same manner as the original appointment for that vacancy was made. (d) Travel and Subsistence Pay.— Trustees shall serve without pay, but shall be entitled to reimbursement for travel, subsistence, and other necessary expenses incurred in the performance of their duties as members of the Board. (e) Location of Foundation.— The Foundation shall be located in Tucson, Arizona. (f) Executive Director.— (1) In general.— There shall be an Executive Director of the Foundation who shall be appointed by the Board. The Executive Director shall be the chief executive officer of the Foundation and shall carry out the functions of the Foundation subject to the supervision and direction of the Board. The Executive Director shall carry out such other functions consistent with the provisions of this Act as the Board shall prescribe. (2) Compensation.— The Executive Director of the Foundation shall be compensated at the rate specified for employees in level IV of the Executive Schedule under section 5315 of title 5, United States Code.

  2. Amber Hagerman Child Protection Act of 1996

    Pub. L. 104–208 div. A title I § 101(f)(tVI)(s655) · 110 Stat. 3009

    Added · 20 U.S.C. § 5603(c)(1)(C)

    Pub. L. 104–208 added subpar. (C)

    Source evidence

    Code amendment note
    Subsec. (c)(1)(C). Pub. L. 104–208 added subpar. (C).

    Enacted provision · exact public law section
    Sec. 101. (a) For programs, projects or activities in the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1997, provided as follows, to be effective as if it had been enacted into law as the regular appropriations Act:

  3. Pub. L. 105–156 § 3(1) · 112 Stat. 8

    Substituted · 20 U.S.C. § 5603(b)

    Pub. L. 105–156, § 3(1), substituted “thirteen” for “twelve” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 105–156, § 3(1), substituted “thirteen” for “twelve” in introductory provisions.

    Enacted provision · exact public law section
    (1) in the matter preceding paragraph (1) of the second sentence, by striking “twelve” and inserting “thirteen”; and

  4. Pub. L. 105–156 § 3(2) · 112 Stat. 8

    Added · 20 U.S.C. § 5603(b)(7)

    Pub. L. 105–156, § 3(2), added par. (7)

    Source evidence

    Code amendment note
    Subsec. (b)(7). Pub. L. 105–156, § 3(2), added par. (7).

    Enacted provision · exact public law section
    (2) by adding at the end the following:— “(7) The chairperson of the President’s Council on Environmental Quality, who shall serve as a nonvoting, ex officio member and shall not be eligible to serve as chairperson.”.

  5. Morris K. Udall Scholarship and Excellence in National Environmental Policy Amendments Act of 2009

    Pub. L. 111–90 § 5(1) · 123 Stat. 2976

    Substituted · 20 U.S.C. § 5603

    Pub. L. 111–90, § 5(1), substituted “and Stewart L. Udall” for “Scholarship and Excellence in National Environmental Policy” in section catchline

    Source evidence

    Code amendment note
    Pub. L. 111–90, § 5(1), substituted “and Stewart L. Udall” for “Scholarship and Excellence in National Environmental Policy” in section catchline.

    Enacted provision · exact public law section
    (1) in the section heading, by striking “scholarship and excellence in national environmental policy” and inserting “and stewart l. udall”;

  6. Morris K. Udall Scholarship and Excellence in National Environmental Policy Amendments Act of 2009

    Pub. L. 111–90 § 5(2) · 123 Stat. 2976

    Substituted · 20 U.S.C. § 5603(a)

    Pub. L. 111–90, § 5(2), substituted “and Stewart L. Udall” for “Scholarship and Excellence in National Environmental Policy”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 111–90, § 5(2), substituted “and Stewart L. Udall” for “Scholarship and Excellence in National Environmental Policy”.

    Enacted provision · exact public law section
    (2) in subsection (a), by striking “Scholarship and Excellence in National Environmental Policy” and inserting “and Stewart L. Udall”; and

  7. Morris K. Udall Scholarship and Excellence in National Environmental Policy Amendments Act of 2009

    Pub. L. 111–90 § 5(3) · 123 Stat. 2976

    Substituted · 20 U.S.C. § 5603(f)(2)

    Pub. L. 111–90, § 5(3), substituted “a rate determined by the Board in accordance with section 5383 of title 5” for “the rate specified for employees in level IV of the Executive Schedule under section 5315 of title 5”

    Source evidence

    Code amendment note
    Subsec. (f)(2). Pub. L. 111–90, § 5(3), substituted “a rate determined by the Board in accordance with section 5383 of title 5” for “the rate specified for employees in level IV of the Executive Schedule under section 5315 of title 5”.

    Enacted provision · exact public law section
    (3) in subsection (f)(2), by striking “the rate specified for employees in level IV of the Executive Schedule under section 5315 of title 5, United States Code” and inserting “a rate determined by the Board in accordance with section 5383 of title 5, United States Code”.

  8. Department of Education Appropriations Act, 2020

    Pub. L. 116–94 div. P title III § 303 · 133 Stat. 2534

    Substituted · 20 U.S.C. § 5603(e)

    Pub. L. 116–94 substituted “Arizona and the District of Columbia.” for “Arizona.”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 116–94 substituted “Arizona and the District of Columbia.” for “Arizona.”

    Enacted provision · exact public law section
    Sec. 303. Funds appropriated in this Act and consolidated for evaluation purposes under section 8601(c) of the ESEA shall be available from July 1, 2020, through September 30, 2021.

8 of 8 references resolved to an enrolled provision

Editorial Notes

Amendments1996–2019 · 4 rounds

2019

Subsec. (e). Pub. L. 116–94 substituted “Arizona and the District of Columbia.” for “Arizona.”

2009

Pub. L. 111–90, § 5(1), substituted “and Stewart L. Udall” for “Scholarship and Excellence in National Environmental Policy” in section catchline.

Subsec. (a). Pub. L. 111–90, § 5(2), substituted “and Stewart L. Udall” for “Scholarship and Excellence in National Environmental Policy”.

Subsec. (f)(2). Pub. L. 111–90, § 5(3), substituted “a rate determined by the Board in accordance with section 5383 of title 5” for “the rate specified for employees in level IV of the Executive Schedule under section 5315 of title 5”.

1998

Subsec. (b). Pub. L. 105–156, § 3(1), substituted “thirteen” for “twelve” in introductory provisions.

Subsec. (b)(7). Pub. L. 105–156, § 3(2), added par. (7).

1996

Subsec. (c)(1)(C). Pub. L. 104–208 added subpar. (C).

Credits

1992–2019 · 5 acts
  1. 1992Pub. L. 102–259, § 5, , 106 Stat. 79
  2. 1996Pub. L. 104–208, div. A, title I, § 101(f) [title VI, § 655], , 110 Stat. 3009–314, 3009–369
  3. 1998Pub. L. 105–156, § 3, , 112 Stat. 8
  4. 2009Pub. L. 111–90, § 5, , 123 Stat. 2977
  5. 2019Pub. L. 116–94, div. P, title III, § 303, , 133 Stat. 3187.
Show as published

(Pub. L. 102–259, § 5, , 106 Stat. 79; Pub. L. 104–208, div. A, title I, § 101(f) [title VI, § 655], , 110 Stat. 3009–314, 3009–369; Pub. L. 105–156, § 3, , 112 Stat. 8; Pub. L. 111–90, § 5, , 123 Stat. 2977; Pub. L. 116–94, div. P, title III, § 303, , 133 Stat. 3187.)

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