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US (United States) Code. Title 22. Chapter 56: US (United States) Institute of Peace

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22 USC CHAPTER 56 - UNITED STATES INSTITUTE OF PEACE 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 56 - UNITED STATES INSTITUTE OF PEACE

-HEAD-

CHAPTER 56 - UNITED STATES INSTITUTE OF PEACE

-MISC1-

Sec.

4601. Congressional declaration of findings and purposes.

4602. Definitions.

4603. United States Institute of Peace.

(a) Establishment.

(b) Status; restrictions.

the United States Institute for Peace".

(d) Liability for acts within scope of authority.

(e) Trade name and trademark rights; vested rights

protected; condition for use of Federal

identity.

4604. Powers and duties.

(a) District of Columbia nonprofit-corporative

powers.

(b) Description of specific activities.

Peace.

(d) Description of extension and outreach

activities.

(e) Services for Federal agencies.

(f) Contracts for operation of Institute.

(g) Personnel; administrative assistance.

(h) Grants and contracts; gifts and contributions;

domestic and foreign restrictions.

(i) Fees for periodicals and other materials.

(j) Participation fees and costs.

(k) Civil actions.

(l) Corporate mark of recognition and colorable

simulations.

(m) General authority.

(n) Legislative influencing-activity prohibition;

communications or testimony of personnel.

(o) Administrative services from General Services

Administration.

4605. Board of Directors.

(a) Vested powers.

(b) Membership.

(d) Qualifications.

(e) Term of office: commencement and termination,

interim and remainder service, limitation.

(f) Removal from office.

(g) Conflict of interests.

(h) Meetings; Chairman; Vice Chairman; quorum;

notice in Federal Register; closure.

(i) Compensation.

(j) Travel expenses.

4606. Officers and employees.

(a) Appointment, compensation and status of

president of Institute and other officers.

(b) Authorization of activities.

personnel.

(d) Assignment of Federal officers or employees to

the Institute.

(e) Dual compensation restriction.

(f) Federal employment status only for stated

purposes.

(g) Distributions prohibited during life or upon

dissolution or liquidation of Institute or

legal entity; compensation for services or

expenses.

(h) Loans prohibition; joint and several liability.

4607. Procedures and records.

(a) Monitoring and evaluation of programs.

(b) Suspension procedures.

(d) Accounts of receipts and disbursements;

financial reports.

(e) Minutes of proceedings.

(f) Record and inspection of required items.

(g) Audits.

(h) Report of audit to Congress; copies for public.

(i) Freedom of information provisions applicable.

4608. Independence and limitations.

4609. Funding.

(a) Authorization of appropriations.

(b) Transfer of unobligated funds; reports of use

of funds to Congress and President.

4610. Dissolution or liquidation.

4611. Biennial reports to President and Congress; comments,

findings, and recommendations; Congressional

Committee hearings.

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22 USC Sec. 4601 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 56 - UNITED STATES INSTITUTE OF PEACE

-HEAD-

Sec. 4601. Congressional declaration of findings and purposes

-STATUTE-

(a) The Congress finds and declares that -

(1) a living institution embodying the heritage, ideals, and

concerns of the American people for peace would be a significant

response to the deep public need for the Nation to develop fully

a range of effective options, in addition to armed capacity, that

can leash international violence and manage international

conflict;

(2) people throughout the world are fearful of nuclear war, are

divided by war and threats of war, are experiencing social and

cultural hostilities from rapid international change and real and

perceived conflicts over interests, and are diverted from peace

by the lack of problem-solving skills for dealing with such

conflicts;

(3) many potentially destructive conflicts among nations and

peoples have been resolved constructively and with cost

efficiency at the international, national, and community levels

through proper use of such techniques as negotiation,

conciliation, mediation, and arbitration;

(4) there is a national need to examine the disciplines in the

social, behavioral, and physical sciences and the arts and

humanities with regard to the history, nature, elements, and

future of peace processes, and to bring together and develop new

and tested techniques to promote peaceful economic, political,

social, and cultural relations in the world;

(5) existing institutions providing programs in international

affairs, diplomacy, conflict resolution, and peace studies are

essential to further development of techniques to promote

peaceful resolution of international conflict, and the

peacemaking activities of people in such institutions,

government, private enterprise, and voluntary associations can be

strengthened by a national institution devoted to international

peace research, education and training, and information services;

(6) there is a need for Federal leadership to expand and

support the existing international peace and conflict resolution

efforts of the Nation and to develop new comprehensive peace

education and training programs, basic and applied research

projects, and programs providing peace information;

(7) the Commission on Proposals for the National Academy of

Peace and Conflict Resolution, created by the Education

Amendments of 1978, recommended establishing an academy as a

highly desirable investment to further the Nation's interest in

promoting international peace;

(8) an institute strengthening and symbolizing the fruitful

relation between the world of learning and the world of public

affairs, would be the most efficient and immediate means for the

Nation to enlarge its capacity to promote the peaceful resolution

of international conflicts; and

(9) the establishment of such an institute is an appropriate

investment by the people of this Nation to advance the history,

science, art, and practice of international peace and the

resolution of conflicts among nations without the use of

violence.

(b) It is the purpose of this chapter to establish an

independent, nonprofit, national institute to serve the people and

the Government through the widest possible range of education and

training, basic and applied research opportunities, and peace

information services on the means to promote international peace

and the resolution of conflicts among the nations and peoples of

the world without recourse to violence.

-SOURCE-

(Pub. L. 98-525, title XVII, Sec. 1702, Oct. 19, 1984, 98 Stat.

2649.)

-REFTEXT-

REFERENCES IN TEXT

The Education Amendments of 1978, referred to in subsec. (a)(7),

is Pub. L. 95-561, Nov. 1, 1978, 92 Stat. 2143, as amended. Part B

(Secs. 1511-1519) of title XV of Pub. L. 95-561, which provided for

the Commission on Proposals for the National Academy of Peace and

Conflict Resolution, was set out as a note under section 1123 of

Title 20, Education. For complete classification of this Act to the

Code, see Short Title of 1978 Amendment note under section 6301 of

Title 20 and Tables.

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SHORT TITLE

Section 1701 of title XVII of Pub. L. 98-525 provided that: "This

title [enacting this chapter] may be cited as the 'United States

Institute of Peace Act'."

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22 USC Sec. 4602 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 56 - UNITED STATES INSTITUTE OF PEACE

-HEAD-

Sec. 4602. Definitions

-STATUTE-

As used in this chapter, the term -

(1) "Institute" means the United States Institute of Peace

established by this chapter; and

(2) "Board" means the Board of Directors of the Institute.

-SOURCE-

(Pub. L. 98-525, title XVII, Sec. 1703, Oct. 19, 1984, 98 Stat.

2651.)

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22 USC Sec. 4603 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 56 - UNITED STATES INSTITUTE OF PEACE

-HEAD-

Sec. 4603. United States Institute of Peace

-STATUTE-

(a) Establishment

There is hereby established the United States Institute of Peace.

(b) Status; restrictions

The Institute is an independent nonprofit corporation and an

organization described in section 170(c)(2)(B) of title 26. The

Institute does not have the power to issue any shares of stock or

to declare or pay any dividends.

States Institute for Peace"

As determined by the Board, the Institute may establish, under

the laws of the District of Columbia, a legal entity which is

capable of receiving, holding, and investing public funds for

purposes in furtherance of the Institute under this chapter. The

Institute may designate such legal entity as the "Endowment of the

United States Institute for Peace".

(d) Liability for acts within scope of authority

The Institute is liable for the acts of its directors, officers,

employees, and agents when acting within the scope of their

authority.

(e) Trade name and trademark rights; vested rights protected;

condition for use of Federal identity

(1) The Institute has the sole and exclusive right to use and to

allow or refuse others the use of the terms "United States

Institute of Peace", "Jennings Randolph Program for International

Peace", "Spark M. Matsunaga Medal of Peace", and "Endowment of the

United States Institute of Peace" and the use of any official

United States Institute of Peace emblem, badge, seal, and other

mark of recognition or any colorable simulation thereof. No powers

or privileges hereby granted shall interfere or conflict with

established or vested rights secured as of September 1, 1981.

(2) Notwithstanding any other provision of this chapter, the

Institute may use "United States" or "U.S." or any other reference

to the United States Government or Nation in its title or in its

corporate seal, emblem, badge, or other mark of recognition or

colorable simulation thereof in any fiscal year only if there is an

authorization of appropriations for the Institute for such fiscal

year provided by law.

-SOURCE-

(Pub. L. 98-525, title XVII, Sec. 1704, Oct. 19, 1984, 98 Stat.

2651; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub.

L. 101-520, title III, Sec. 319(b), Nov. 5, 1990, 104 Stat. 2285.)

-MISC1-

AMENDMENTS

1990 - Subsec. (e)(1). Pub. L. 101-520 inserted reference to

Spark M. Matsunaga Medal of Peace.

1986 - Subsec. (b). Pub. L. 99-514 substituted "Internal Revenue

Code of 1986" for "Internal Revenue Code of 1954", which for

purposes of codification was translated as "title 26" thus

requiring no change in text.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4604, 4609 of this title.

-End-

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22 USC Sec. 4604 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 56 - UNITED STATES INSTITUTE OF PEACE

-HEAD-

Sec. 4604. Powers and duties

-STATUTE-

(a) District of Columbia nonprofit-corporative powers

The Institute may exercise the powers conferred upon a nonprofit

corporation by the District of Columbia Nonprofit Corporation Act

consistent with this chapter, except for section 5(o) of the

District of Columbia Nonprofit Corporation Act.

(b) Description of specific activities

The Institute, acting through the Board, may -

(1) establish a Jennings Randolph Program for International

Peace and appoint, for periods up to two years, scholars and

leaders in peace from the United States and abroad to pursue

scholarly inquiry and other appropriate forms of communication on

international peace and conflict resolution and, as appropriate,

provide stipends, grants, fellowships, and other support to the

leaders and scholars;

(2) enter into formal and informal relationships with other

institutions, public and private, for purposes not inconsistent

with this chapter;

(3) establish a Jeannette Rankin Research Program on Peace to

conduct research and make studies, particularly of an

interdisciplinary or of a multidisciplinary nature, into the

causes of war and other international conflicts and the elements

of peace among the nations and peoples of the world, including

peace theories, methods, techniques, programs, and systems, and

into the experiences of the United States and other nations in

resolving conflicts with justice and dignity and without violence

as they pertain to the advancement of international peace and

conflict resolution, placing particular emphasis on realistic

approaches to past successes and failures in the quest for peace

and arms control and utilizing to the maximum extent possible

United States Government documents and classified materials from

the Department of State, the Department of Defense, the Arms

Control and Disarmament Agency, and the intelligence community;

(4) develop programs to make international peace and conflict

resolution research, education, and training more available and

useful to persons in government, private enterprise, and

voluntary associations, including the creation of handbooks and

other practical materials;

(5) provide, promote, and support peace education and research

programs at graduate and postgraduate levels;

(6) conduct training, symposia, and continuing education

programs for practitioners, policymakers, policy implementers,

and citizens and noncitizens directed to developing their skills

in international peace and conflict resolution;

(7) develop, for publication or other public communication, and

disseminate, the carefully selected products of the Institute;

(8) establish a clearinghouse and other means for disseminating

information, including classified information that is properly

safeguarded, from the field of peace learning to the public and

to government personnel with appropriate security clearances;

(9) secure directly, upon request of the president of the

Institute to the head of any Federal department or agency and in

accordance with section 552 of title 5 (relating to freedom of

information), information necessary to enable the Institute to

carry out the purposes of this chapter if such release of the

information would not unduly interfere with the proper

functioning of a department or agency, including classified

information if the Institute staff and members of the Board who

have access to such classified information obtain appropriate

security clearances from the Department of Defense and the

Department of State; and

(10) establish the Spark M. Matsunaga Scholars Program, which

shall include the provision of scholarships and educational

programs in international peace and conflict management and

related fields for outstanding secondary school students and the

provision of scholarships to outstanding undergraduate students,

with program participants and recipients of such scholarships to

be known as "Spark M. Matsunaga Scholars".

(1)(A) The Institute, acting through the Board, may each year

make an award to such person or persons who it determines to have

contributed in extraordinary ways to peace among the nations and

peoples of the world, giving special attention to contributions

that advance society's knowledge and skill in peacemaking and

conflict management. The award shall include the public

presentation to such person or persons of the Spark M. Matsunaga

Medal of Peace and a cash award in an amount of not to exceed

$25,000 for any recipient.

(B)(i) The Secretary of the Treasury shall strike the Spark M.

Matsunaga Medal of Peace with suitable emblems, devices, and

inscriptions which capture the goals for which the Medal is

presented. The design of the medals shall be determined by the

Secretary of the Treasury in consultation with the Board and the

Commission of Fine Arts.

(ii) The Spark M. Matsunaga Medal of Peace shall be struck in

bronze and in the size determined by the Secretary of the Treasury

in consultation with the Board.

(iii) The appropriate account of the Treasury of the United

States shall be reimbursed for costs incurred in carrying out this

subparagraph out of funds appropriated pursuant to section

4609(a)(1) of this title.

(2) The Board shall establish an advisory panel composed of

persons eminent in peacemaking, diplomacy, public affairs, and

scholarship, and such advisory panel shall advise the Board during

its consideration of the selection of the recipient of the award.

(3) The Institute shall inform the Committee on Foreign Relations

and the Committee on Labor and Human Resources of the Senate and

the Committee on Foreign Affairs and the Committee on Education and

Labor of the House of Representatives about the selection

procedures it intends to follow, together with any other matters

relevant to making the award and emphasizing its prominence and

significance.

(d) Description of extension and outreach activities

The Institute may undertake extension and outreach activities

under this chapter by making grants and entering into contracts

with institutions of postsecondary, community, secondary, and

elementary education (including combinations of such institutions),

with public and private educational, training, or research

institutions (including the American Federation of Labor-the

Congress of Industrial Organizations) and libraries, and with

public departments and agencies (including State and territorial

departments of education and of commerce). No grant may be made to

an institution unless it is a nonprofit or official public

institution, and at least one-fourth of the Institute's annual

appropriations shall be paid to such nonprofit and official public

institutions. A grant or contract may be made to -

(1) initiate, strengthen, and support basic and applied

research on international peace and conflict resolution;

(2) promote and advance the study of international peace and

conflict resolution by educational, training, and research

institutions, departments, and agencies;

(3) educate the Nation about and educate and train individuals

in peace and conflict resolution theories, methods, techniques,

programs, and systems;

(4) assist the Institute in its publication, clearinghouse, and

other information services programs;

(5) assist the Institute in the study of conflict resolution

between free trade unions and Communist-dominated organizations

in the context of the global struggle for the protection of human

rights; and

(6) promote the other purposes of this chapter.

(e) Services for Federal agencies

The Institute may respond to the request of a department or

agency of the United States Government to investigate, examine,

study, and report on any issue within the Institute's competence,

including the study of past negotiating histories and the use of

classified materials.

(f) Contracts for operation of Institute

The Institute may enter into personal service and other contracts

for the proper operation of the Institute.

(g) Personnel; administrative assistance

The Institute may fix the duties of its officers, employees, and

agents, and establish such advisory committees, councils, or other

bodies, as the efficient administration of the business and

purposes of the Institute may require.

(h) Grants and contracts; gifts and contributions; domestic and

foreign restrictions

(1) Except as provided in paragraphs (2) and (3), the Institute

may obtain grants and contracts, including contracts for classified

research for the Department of State, the Department of Defense,

the Arms Control and Disarmament Agency, and the intelligence

community, and receive gifts and contributions from government at

all levels.

(2) The Institute and the legal entity described in section

4603(c) of this title may not accept any gift, contribution or

grant from a foreign government, any agency or instrumentality of

such government, any international organization, or any corporation

or other legal entity in which natural persons who are nationals of

a foreign country own, directly or indirectly, more than 50 percent

of the outstanding capital stock or other beneficial interest in

such legal entity.

(3) Notwithstanding any other provision of this chapter, the

Institute and the legal entity described in section 4603(c) of this

title may not obtain any grant or contract or receive any gift or

contribution from any private agency, organization, corporation or

other legal entity, institution, or individual, except such

Institute or legal entity may accept such a gift or contribution to

(A) purchase, lease for purchase, or otherwise acquire,

construct, improve, furnish, or maintain a suitable permanent

headquarters, any related facility, or any site or sites for such

facilities for the Institute and the legal entity described in

section 4603(c) of this title; or

(B) provide program-related hospitality, including such

hospitality connected with the presentation of the Spark M.

Matsunaga Medal of Peace.

(i) Fees for periodicals and other materials

The Institute may charge and collect subscription fees and

develop, for publication or other public communication, and

disseminate, periodicals and other materials.

(j) Participation fees and costs

The Institute may charge and collect fees and other participation

costs from persons and institutions participating in the

Institute's direct activities authorized in subsection (b) of this

section.

(k) Civil actions

The Institute may sue and be sued, complain, and defend in any

court of competent jurisdiction.

(g742l) Corporate mark of recognition and colorable simulations

The Institute may adopt, alter, use, and display a corporate

seal, emblem, badge, and other mark of recognition and colorable

simulations thereof.

(m) General authority

The Institute may do any and all lawful acts and things necessary

or desirable to carry out the objectives and purposes of this

chapter.

(n) Legislative influencing-activity prohibition; communications or

testimony of personnel

The Institute shall not itself undertake to influence the passage

or defeat of any legislation by the Congress of the United States

or by any State or local legislative bodies, or by the United

Nations, except that personnel of the Institute may testify or make

other appropriate communication when formally requested to do so by

a legislative body, a committee, or a member thereof.

(g742o) Administrative services from General Services

Administration

The Institute may obtain administrative support services from the

Administrator of General Services and use all sources of supply and

services of the General Services Administration on a reimbursable

basis.

-SOURCE-

(Pub. L. 98-525, title XVII, Sec. 1705, Oct. 19, 1984, 98 Stat.

2651; Pub. L. 100-50, Sec. 25, June 3, 1987, 101 Stat. 363; Pub. L.

100-418, title VI, Sec. 6272, Aug. 23, 1988, 102 Stat. 1523; Pub.

L. 101-520, title III, Sec. 319(a), Nov. 5, 1990, 104 Stat. 2284;

Pub. L. 102-325, title XV, Sec. 1554(b), (c), July 23, 1992, 106

Stat. 839; Pub. L. 105-244, title IX, Sec. 931(1), Oct. 7, 1998,

112 Stat. 1834.)

-REFTEXT-

REFERENCES IN TEXT

The District of Columbia Nonprofit Corporation Act, referred to

in subsec. (a), is Pub. L. 87-569, Aug. 6, 1962, 76 Stat. 265, as

amended, which is not classified to the Code.

-MISC1-

AMENDMENTS

1998 - Subsec. (f). Pub. L. 105-244, Sec. 931(1)(A), inserted

"personal service and other" after "may enter into".

Subsec. (o). Pub. L. 105-244, Sec. 931(1)(B), inserted "and use

all sources of supply and services of the General Services

Administration" after "Services".

1992 - Subsec. (b)(10). Pub. L. 102-325, Sec. 1554(b), added par.

(10).

Subsec. (h)(2). Pub. L. 102-325, Sec. 1554(c)(1), amended par.

(2) generally. Prior to amendment, par. (2) read as follows: "The

Institute may not accept any gift, contribution, or grant from, or

enter into any contract with, a foreign government, any agency or

instrumentality of such government, any international organization,

or any foreign national, except that the Institute may accept the

payment of tuition by foreign nationals for instruction provided by

the Institute. For purposes of this paragraph, the term -

"(A) 'foreign national' means -

"(i) a natural person who is a citizen of a foreign country

or who owes permanent allegiance to a foreign country; and

"(ii) a corporation or other legal entity in which natural

persons who are nationals of a foreign country own, directly or

indirectly, more than 50 percent of the outstanding capital

stock or other beneficial interest in such legal entity; and

"(B) 'person' means a natural person, partnership, association,

other unincorporated body, or corporation."

Subsec. (h)(3). Pub. L. 102-325, Sec. 1554(c)(2), substituted at

end "individual, except such Institute or legal entity may accept

such a gift or contribution to - " for "individual." and added

subpars. (A) and (B).

1990 - Subsec. (b)(9), (10). Pub. L. 101-520, Sec. 319(a)(1),

redesignated par. (10) as (9) and struck out former par. (9) which

read as follows: "recommend to the Congress the establishment of a

United States Medal of Peace to be awarded under such procedures as

the Congress may determine, except that no person associated with

the Institute may receive the United States Medal of Peace; and".

Subsecs. (c) to (o). Pub. L. 101-520, Sec. 319(a)(2), (3), added

subsec. (c) and redesignated former subsecs. (c) to (n) as (d) to

(o), respectively.

1988 - Subsec. (b)(3). Pub. L. 100-418 made technical amendment

to directory language of Pub. L. 100-50, see 1987 Amendment note

below.

1987 - Subsec. (b)(3). Pub. L. 100-50, as amended by Pub. L.

100-418, inserted "establish a Jeannette Rankin Research Program on

Peace to" before "conduct research".

-CHANGE-

CHANGE OF NAME

Committee on Foreign Affairs of House of Representatives treated

as referring to Committee on International Relations of House of

Representatives and Committee on Education and Labor of House of

Representatives treated as referring to Committee on Economic and

Educational Opportunities of House of Representatives by section

1(a) of Pub. L. 104-14, set out as a note preceding section 21 of

Title 2, The Congress. Committee on Economic and Educational

Opportunities of House of Representatives changed to Committee on

Education and the Workforce of House of Representatives by House

Resolution No. 5, One Hundred Fifth Congress, Jan. 7, 1997.

-MISC2-

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as

otherwise provided in Pub. L. 105-244, see section 3 of Pub. L.

105-244, set out as a note under section 1001 of Title 20,

Education.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-325 effective Oct. 1, 1992, see section

2 of Pub. L. 102-325, set out as a note under section 1001 of Title

20, Education.

EFFECTIVE DATE OF 1987 AMENDMENT

Amendment by Pub. L. 100-50 effective as if enacted as part of

the Higher Education Amendments of 1986, Pub. L. 99-498, see

section 27 of Pub. L. 100-50, set out as a note under section 1001

of Title 20, Education.

-TRANS-

TRANSFER OF FUNCTIONS

United States Arms Control and Disarmament Agency abolished and

functions transferred to Secretary of State, see sections 6511 and

6512 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4606 of this title.

-End-

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22 USC Sec. 4605 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 56 - UNITED STATES INSTITUTE OF PEACE

-HEAD-

Sec. 4605. Board of Directors

-STATUTE-

(a) Vested powers

The powers of the Institute shall be vested in a Board of

Directors unless otherwise specified in this chapter.

(b) Membership

The Board shall consist of fifteen voting members as follows:

(1) The Secretary of State (or if the Secretary so designates,

another officer of the Department of State who was appointed with

the advice and consent of the Senate).

(2) The Secretary of Defense (or if the Secretary so

designates, another officer of the Department of Defense who was

appointed with the advice and consent of the Senate).

(3) The president of the National Defense University (or if the

president so designates, the vice president of the National

Defense University).

(4) Twelve individuals appointed by the President, by and with

the advice and consent of the Senate.

Not more than eight voting members of the Board (including

members described in paragraphs (1) through (4) of subsection (b)

of this section) may be members of the same political party.

(d) Qualifications

(1) Each individual appointed to the Board under subsection

(b)(5) of this section shall have appropriate practical or academic

experience in peace and conflict resolution efforts of the United

States.

(2) Officers and employees of the United States Government may

not be appointed to the Board under subsection (b)(5) of this

section.

(e) Term of office: commencement and termination, interim and

remainder service, limitation

(1) Members of the Board appointed under subsection (b)(5) of

this section shall be appointed to four year terms, except that -

(A) the term of six of the members initially appointed shall be

two years, as designated by the President at the time of their

nomination;

(B) a member may continue to serve until his or her successor

is appointed; and

expired shall be appointed to serve the remainder of that term.

(2) The terms of the members of the Board initially appointed

under subsection (b)(5) of this section shall begin on January 20,

1985, and subsequent terms shall begin upon the expiration of the

preceding term, regardless of when a member is appointed to fill

that term.

(3) The President may not nominate an individual for appointment

to the Board under subsection (b)(5) of this section prior to

January 20, 1985, but shall submit the names of eleven nominees for

initial Board membership under subsection (b)(5) of this section

not later than ninety days after that date. If the Senate rejects

such a nomination or if such a nomination is withdrawn, the

President shall submit the name of a new nominee within fifteen

days.

(4) An individual appointed as a member of the Board under

subsection (b)(5) of this section may not be appointed to more than

two terms on the Board.

(f) Removal from office

A member of the Board appointed under subsection (b)(5) of this

section may be removed by the President -

(1) in consultation with the Board, for conviction of a felony,

malfeasance in office, persistent neglect of duties, or inability

to discharge duties;

(2) upon the recommendation of eight voting members of the

Board; or

(3) upon the recommendation of a majority of the members of the

Committee on Foreign Affairs and the Committee on Education and

Labor of the House of Representatives and a majority of the

members of the Committee on Foreign Relations and the Committee

on Labor and Human Resources of the Senate.

A recommendation made in accordance with paragraph (2) may be made

only pursuant to action taken at a meeting of the Board, which may

be closed pursuant to the procedures of subsection (h)(3) of this

section. Only members who are present may vote. A record of the

vote shall be maintained. The President shall be informed

immediately by the Board of the recommendation.

(g) Conflict of interests

No member of the Board may participate in any decision, action,

or recommendation with respect to any matter which directly and

financially benefits the member or pertains specifically to any

public body or any private or nonprofit firm or organization with

which the member is then formally associated or has been formally

associated within a period of two years, except that this

subsection shall not be construed to prohibit an ex officio member

of the Board from participation in actions of the Board which

pertain specifically to the public body of which that member is an

officer.

(h) Meetings; Chairman; Vice Chairman; quorum; notice in Federal

Meetings of the Board shall be conducted as follows:

(1) The President shall stipulate by name the nominee who shall

be the first Chairman of the Board. The first Chairman shall

serve for a term of three years. Thereafter, the Board shall

elect a Chairman every three years from among the directors

appointed by the President under subsection (b)(5) of this

section and may elect a Vice Chairman if so provided by the

Institute's bylaws.

(2) The Board shall meet at least semiannually, at any time

pursuant to the call of the Chairman or as requested in writing

to the Chairman by at least five members of the Board. A majority

of the members of the Board shall constitute a quorum for any

Board meeting.

(3) All meetings of the Board shall be open to public

observation and shall be preceded by reasonable public notice.

Notice in the Federal Register shall be deemed to be reasonable

public notice for purposes of the preceding sentence. In

exceptional circumstances, the Board may close those portions of

a meeting, upon a majority vote of its members present and with

the vote taken in public session, which are likely to disclose

information likely to affect adversely any ongoing peace

proceeding or activity or to disclose information or matters

exempted from public disclosure pursuant to subsection (c) of

section 552b of title 5.

(i) Compensation

A director appointed by the President under subsection (b)(5) of

this section shall be entitled to receive the daily equivalent of

the annual rate of basic pay in effect for grade GS-18 of the

General Schedule under section 5332 of title 5 for each day during

which the director is engaged in the performance of duties as a

member of the Board.

(j) Travel expenses

While away from his home or regular place of business in the

performance of duties for the Institute, a director shall be

allowed travel expenses, including a per diem in lieu of

subsistence, not to exceed the expenses allowed persons employed

intermittently in Government service under section 5703(b) (!1) of

title 5.

-SOURCE-

(Pub. L. 98-525, title XVII, Sec. 1706, Oct. 19, 1984, 98 Stat.

2654; Pub. L. 105-277, div. G, subdiv. A, title XII, Sec.

1225(c)(1), Oct. 21, 1998, 112 Stat. 2681-773.)

-REFTEXT-

REFERENCES IN TEXT

Section 5703 of title 5, referred to in subsec. (j), was amended

generally by Pub. L. 94-22, Sec. 4, May 19, 1975, 89 Stat. 85, and,

as so amended, does not contain a subsec. (b).

-MISC1-

AMENDMENTS

1998 - Subsec. (b)(3). Pub. L. 105-277, Sec. 1225(c)(1),

redesignated par. (4) as (3) and struck out former par. (3) which

read as follows: "The Director of the Arms Control and Disarmament

Agency (or if the Director so designates, another officer of that

Agency who was appointed with the advice and consent of the

Senate)."

Subsec. (b)(4), (5). Pub. L. 105-277, Sec. 1225(c)(1)(B), (C),

redesignated par. (5) as (4) and substituted "Twelve" for "Eleven".

Former par. (4) redesignated (3).