42 U.S.C. § 2996c — Board of Directors
submitted 52 years ago by Pub. L. 88-452 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 630 words · no verdicts yet
The Corporation has an eleven-member Board appointed by the President with Senate consent, subject to party balance and other membership rules. This section governs terms, leadership, removal, State advisory councils, open meetings, and quarterly meetings.
(a) Establishment; membership
The Corporation must have 11 voting Board members appointed by the President with Senate advice and consent. No more than 6 may be from one political party. A majority must belong to the bar of a State’s highest court, and none may be a full-time United States employee. Appointments after December 28, 1977, and no later than July 31, 1978, must include eligible clients and generally represent the organized bar, legal-assistance attorneys, and the public.
(b) Term of office
Members serve 3 years, except 5 first appointees designated by the President serve 2 years. Members continue until successors are appointed and qualified. Initial terms run from the Board’s first meeting; later terms run from the prior term’s end. A vacancy appointee serves the remainder of the predecessor’s term. No member may be reappointed to more than 2 consecutive terms immediately after the initial term.
(c) Board members not deemed officers or employees of United States
Members are not United States officers or employees merely because of Board membership.
(d) Chairman
The President selects a voting member as chair for 3 years. Afterward the Board annually elects a voting-member chair.
(e) Removal
Seven members may remove a member for malfeasance, persistent neglect or inability to perform duties, or an offense involving moral turpitude, and for no other cause.
(f) State* advisory councils
Within 6 months after the first Board meeting, the Board must ask each Governor to appoint a 9-member State advisory council. A majority, after recommendations from the State bar association, must be attorneys admitted in the State. Members are subject to annual reappointment. If 90 days pass without a Governor’s appointment, the Board may appoint the council. The council must notify the Corporation of apparent violations of this subchapter or applicable rules, regulations, and guidelines, and simultaneously give the affected recipient a copy. The Corporation must allow a reasonable reply time, never less than 30 days.
(g) Open meetings; applicability of Government in the Sunshine provisions
Board, Board executive committee, and related advisory-council meetings must be open and follow section 552b of title 5.
(h) Quarterly meetings
The Board must meet at least 4 times in each calendar year.
The Corporation shall have a Board of Directors consisting of eleven voting members appointed by the President, by and with the advice and consent of the Senate, no more than six of whom shall be of the same political party. A majority shall be members of the bar of the highest court of any State*, and none shall be a full-time employee of the United States. Effective with respect to appointments made after December 28, 1977, but not later than July 31, 1978, the membership of the Board shall be appointed so as to include eligible clients, and to be generally representative of the organized bar, attorneys providing legal assistance to eligible clients, and the general public.
The term of office of each member of the Board shall be three years, except that five of the members first appointed, as designated by the President at the time of appointment, shall serve for a term of two years. Each member of the Board shall continue to serve until the successor to such member has been appointed and qualified. The term of initial members shall be computed from the date of the first meeting of the Board. The term of each member other than initial members shall be computed from the date of termination of the preceding term. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which such member’s predecessor was appointed shall be appointed for the remainder of such term. No member shall be reappointed to more than two consecutive terms immediately following such member’s initial term.
The members of the Board shall not, by reason of such membership, be deemed officers or employees of the United States.
The President shall select from among the voting members of the Board a chairman, who shall serve for a term of three years. Thereafter the Board shall annually elect a chairman from among its voting members.
A member of the Board may be removed by a vote of seven members for malfeasance in office or for persistent neglect of or inability to discharge duties, or for offenses involving moral turpitude, and for no other cause.
Within six months after the first meeting of the Board, the Board shall request the Governor of each State to appoint a nine-member advisory council for such State. A majority of the members of the advisory council shall be appointed, after recommendations have been received from the State bar association, from among the attorneys admitted to practice in the State, and the membership of the council shall be subject to annual reappointment. If ninety days have elapsed without such an advisory council appointed by the Governor, the Board is authorized to appoint such a council. The advisory council shall be charged with notifying the Corporation of any apparent violation of the provisions of this subchapter and applicable rules, regulations, and guidelines promulgated pursuant to this subchapter. The advisory council shall, at the same time, furnish a copy of the notification to any recipient affected thereby, and the Corporation shall allow such recipient a reasonable time (but in no case less than thirty days) to reply to any allegation contained in the notification.
All meetings of the Board, of any executive committee of the Board, and of any advisory council established in connection with this subchapter shall be open and shall be subject to the requirements and provisions of section 552b of title 5 (relating to open meetings).
The Board shall meet at least four times during each calendar year.
Source credit: (Pub. L. 88–452, title X, § 1004, as added Pub. L. 93–355, § 2, July 25, 1974, 88 Stat. 379; amended Pub. L. 95–222, §§ 3, 4, Dec. 28, 1977, 91 Stat. 1619.)
- 1974Enacted · Pub. L. 88-452 · 88 Stat. 379
- 1977Amended · Pub. L. 95-222 · 91 Stat. 1619
A history note hasn’t been published yet. The record shows enactment by Pub. L. 88-452 on 1974-07-25.
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