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2 U.S.C. § 806Powers, functions, and limitations

submitted 47 years ago by Pub. L. 96-114 to r/title-2-THE-CONGRESS · 1,180 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section gives the Board authority and duties for operating the Congressional Award Program, while limiting its funding, contracts, property, and finances. It also provides for Statewide Councils and the Congressional Award Foundation.

(a) General operating and expenditure authority. Subject to the limits in this section, the Board may take actions and make expenditures necessary to carry out the Congressional Award Program. (1) It must use: (A) resources from sources other than the Federal Government; and (B) funds awarded in a Federal grant program, if the law establishing that program permits it. (2) It may not take an action that would disqualify it from treatment for tax purposes as an organization described in section 501(c)(3) of title 26.\n\n(b) Mandatory functions. (1) The Board must establish functions and procedures needed to carry out this chapter. (2) They must include: (A) communicating with local Congressional Award Councils; (B) on request, technical assistance for their responsibilities, including medals, applications, application guidance, local award ceremonies, and other responsibilities; (C) outreach to establish new local Councils, particularly in inner-city and rural areas; (D) outreach to encourage, where appropriate, Statewide Councils; (E) fundraising; (F) an annual Gold Medal Awards ceremony in the District of Columbia; (G) considering implementation of the scholarship provisions; and (H) managing the national office, including supervising personnel and the office budget.\n\n(c) Statewide Congressional Award Councils. (1) For Statewide Councils, the Board must develop formation guidelines, criteria, and standards. Members of Congress and Senators from each State are encouraged to work jointly with the Board to create one. (2) They are intended to: (A) facilitate expanded public participation and involvement; and (B) promote greater opportunities for State congressional-delegation involvement. (3) Each Council must include: (A) promoting State and local awareness; (B) reviewing participant records and activities; (C) reviewing and verifying candidate information and recommending candidates to the national Board; (D) planning and organizing bronze and silver ceremonies; (E) helping gold recipients travel to and from the national ceremony; and (F) designating a Statewide coordinator as liaison among State, local, and national boards. (4) A Council may receive and use contributions for the Program. The Board must adopt financial-management methods for proper accounting. Each Council must comply with subsections (a), (d), (e), and (h) as they govern the Board. (5) Each Council must comply with the national board’s standard charter requirements.\n\n(d) Contracting authority. The Board may enter and perform appropriate contracts, but may not obligate itself to spend more during the fiscal year than is available for that contract’s purpose in that year.\n\n(e) Obtaining and accepting non-Federal funds and resources; indirect resources. (1) Subject to paragraph (2), the Board may seek and accept funds and other resources. It may not accept resources: (A) donated with a use restriction unless limited to furthering the Program, a specific regional or local program, or scholarships; or (B) donated on condition that the donor remain anonymous. It may allow donors to use the Board’s name or “Congressional Award Program” in advertising. (2) Except as this chapter provides, it may not receive Federal funds or resources. It may benefit from in-kind and indirect resources from congressional offices or Congress, and from indirect benefits of collaborative efforts with entities receiving Federal funds or resources.\n\n(f) Voluntary, uncompensated personnel. The Board may accept and use services of unpaid volunteers.\n\n(g) Lease, etc., of real or personal property. The Board may lease or otherwise hold, acquire, or dispose of real or personal property necessary for or related to its duties.\n\n(h) Fiscal authority. The Board may not: (1) issue bonds, notes, debentures, or similar long-term debt; (2) issue stock or declare or pay dividends; or (3) let income or assets benefit a director, officer, or employee, except as reasonable compensation or expense reimbursement.\n\n(i) Congressional Award Foundation. (1) The Board must provide for incorporation of a nonprofit corporation called the Congressional Award Foundation, together with any desirable subsidiary nonprofit corporations collectively called the “Corporation” in this subchapter. Its sole purpose is to assist the Board with the Program. The Board must delegate appropriate duties, including employing personnel, spending funds, and incurring financial or other contractual obligations. (2) The articles must provide: (A) the Foundation’s directors are the Board members, up to 24 additional voting members appointed by the Board, and the Director as a nonvoting member; and (B) the Foundation has the same extent of authority as the Board. (3) No director, officer, or employee of a corporation formed under this subsection may receive compensation, travel expenses, or benefits from both the Corporation and the Board.
the actual law source: uscode.house.gov ↗public domain
(a) General operating and expenditure authority

Subject 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.

(c) Statewide Congressional Award Councils; establishment, purposes, duties, etc.
(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;

(C)

review and verification of information on, and recommendation of, candidates to the national board for approval;

(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

The Board may enter into and perform such contracts as may be appropriate to carry out its business, but the Board may not enter into any contract which would obligate the Board to expend an amount greater than the amount available to the Board for the purpose of such contract during the fiscal year in which the expenditure is to be made.

(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

The Board may accept and utilize the services of voluntary, uncompensated personnel.

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

The Board may lease (or otherwise hold), acquire, or dispose of real or personal property necessary for, or relating to, the duties of the Board.

(h) Fiscal authority

The 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.

Source credit: (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.)

history & why it existsrecord from the source credit
  • 1979Enacted · Pub. L. 96-114 · 93 Stat. 854
  • 1985Amended · Pub. L. 99-161 · 99 Stat. 935
  • 1986Amended · Pub. L. 99-514 · 100 Stat. 2095
  • 1988Amended · Pub. L. 100-674 · 102 Stat. 3996
  • 1990Amended · Pub. L. 101-525 · 104 Stat. 2306
  • 2000Amended · Pub. L. 106-533 · 114 Stat. 2553
  • 2010Amended · Pub. L. 111-200 · 124 Stat. 1369

A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-114 on 1979-11-16.

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