### §804. Administration

#### (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.

(Pub. L. 96–114, title I, §104, formerly §5, Nov. 16, 1979, 93 Stat. 853; Pub. L. 102–457, §2, Oct. 23, 1992, 106 Stat. 2265; Pub. L. 104–208, div. A, title V, §5401(a), Sept. 30, 1996, 110 Stat. 3009–511; Pub. L. 106–63, §1(c), Oct. 1, 1999, 113 Stat. 510; renumbered title I, §104, Pub. L. 106–533, §1(b)(1), (2), Nov. 22, 2000, 114 Stat. 2553; Pub. L. 109–143, §1(a), (c)(2), Dec. 22, 2005, 119 Stat. 2659; Pub. L. 111–200, §2(c), July 7, 2010, 124 Stat. 1369; Pub. L. 113–188, title IX, §902(c)(2), Nov. 26, 2014, 128 Stat. 2021.)

#### **Editorial Notes**

#### Amendments

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 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."

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), 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."