20 U.S.C. § 4412 : US Code - Section 4412: Board of Trustees

Search 20 U.S.C. § 4412 : US Code - Section 4412: Board of Trustees

(a) Composition
(1) The Board of Trustees of the Institute shall be composed of
13 voting members and 6 nonvoting members as follows:
(A) Subject to the provisions of subsection (i) of this
section, the voting members shall be appointed by the President
of the United States by and with the advice and consent of the
Senate, not later than 180 days after October 17, 1986, from
among individuals from private life who are Indians, or other
individuals, widely recognized in the field of Indian art and
culture and who represent diverse political views, and diverse
fields of expertise, including finance, law, fine arts, and
higher education administration.
(B) The nonvoting members shall consist of -
(i) 2 Members of the House of Representatives appointed by
the Speaker of the House of Representatives in consultation
with the Minority Leader of the House of Representatives;
(ii) 2 Members of the Senate appointed by the President pro
tempore of the Senate, upon the recommendation of the Majority
Leader and the Minority Leader of the Senate;
(iii) the President of the Institute, ex officio; and
(iv) the president of the student body of the Institute, ex
officio.
(2) In making appointments pursuant to paragraph (1)(A), the
President of the United States shall -
(A) consult with the Indian tribes and the various
organizations of Indians;
(B) publish in the Federal Register an announcement of the
expiration of terms no less than 4 months before such expiration;
(C) solicit nominations from Indian tribes and various Indian
organizations to fill the vacancies;
(D) give due consideration to the appointment of individuals
who will provide appropriate regional and tribal representation
on the Board; and
(E) ensure that a majority of the Board appointed under
paragraph (1)(A) are Indians.
(3) The President shall carry out the activities described in
subparagraphs (B) and (C) of paragraph (2) through the Board. The
Board may make recommendations based upon the nominations received,
may make recommendations of its own, and may review and make
comments to the President or the President's appointed staff on
individuals being considered by the President for whom no
nominations have been received.
(4) Members of Congress appointed under this section, or their
designees, shall be entitled to attend all meetings of the Board
and to provide advice to the Board on any matter relating to the
Institute.
(b) Terms of office
(1) Except as otherwise provided in this section, members shall
be appointed for terms of office of 6 years.
(2) The terms of office on the Board for the Members of the House
of Representatives and of the Senate shall expire at the end of the
congressional term of office during which such Member or Senator
was appointed to the Board.
(3) Of the members of the Board first appointed under subsection
(a)(1)(A) of this section -
(A) 4 shall be appointed for terms of office of 2 years;
(B) 4 shall be appointed for terms of office of 4 years; and
(C) 5 shall be appointed for terms of office of 6 years,
as determined by the drawing of lots during the first meeting of
the Board.
(4) No member of the Board appointed under subsection (a)(1)(A)
of this section shall be eligible to serve in excess of 2
consecutive terms, but may continue to serve until such member's
successor is appointed.
(c) Vacancies
Any member of the Board appointed under subsection (a) of this
section to fill a vacancy occurring before the expiration of the
term to which such member's predecessor was appointed shall be
appointed for the remainder of such term. If the vacancy occurs
prior to the expiration of the term of a member of the Board
appointed under subsection (a)(1)(B) of this section, a replacement
shall be appointed in the same manner in which the original
appointment was made.
(d) Removal
No member of the Board may be removed during the term of office
of such member except for just and sufficient cause.
(e) Chairman and Vice Chairman
The President of the United States shall designate the initial
Chairman and Vice Chairman of the Board from among the members of
the Board appointed pursuant to subsection (a)(1)(A) of this
section. Such Chairman and Vice Chairman so designated shall serve
for 12 calendar months. Thereafter, the Chairman and Vice Chairman
shall be elected from among the members of the Board appointed
pursuant to subsection (a)(1)(A) of this section and shall serve
for terms of 2 years. In the case of a vacancy in the office of
Chairman or Vice Chairman, such vacancy shall be filled by the
members of the Board appointed pursuant to subsection (a)(1)(A) of
this section, and the member filling such vacancy shall serve for
the remainder of the unexpired term.
(f) Quorum
Unless otherwise provided by the bylaws of the Institute, a
majority of the members appointed under subsection (a)(1)(A) of
this section shall constitute a quorum.
(g) Powers
The Board is authorized -
(1) to formulate the policy of the Institute;
(2) to direct the management of the Institute; and
(3) to make such bylaws and rules as it deems necessary for the
administration of its functions under this chapter, including the
organization and procedures of the Board.
(h) Compensation
Members of the Board appointed pursuant to subsection (a)(1)(A)
of this section shall, for each day they are engaged in the
performance of the duties under this chapter, receive compensation
at the rate of $125 per day, including traveltime. All members of
the Board, while so serving away from their homes or regular places
of business, shall be allowed travel expenses (including per diem
in lieu of subsistence), as authorized by section 5703 of title 5
for persons in Government service employed intermittently.
(i) Appointment exception for continuity
(1) In order to maintain the stability and continuity of the
Board, the Board shall have the power to recommend the continuation
of members on the Board pursuant to the provisions of this
subsection. When the Board makes such a recommendation, the
Chairman of the Board shall transmit the recommendation to the
President no later than 75 days prior to the expiration of the term
of the member.
(2) If the President has not transmitted to the Senate a
nomination to fill the position of a member covered by such a
recommendation within 60 days from the date that the member's term
expires, the member shall be deemed to have been reappointed for
another full term to the Board, with all the appropriate rights and
responsibilities.
(3) This subsection shall not be construed to permit less than 7
members of the Board to be Indians. If an extension of a term under
paragraph (2) would result in less than 7 members being Indians,
the term of the member covered by paragraph (2) shall be deemed to
expire 60 days after the date upon which it would have been deemed
to expire without the operation of this subsection, except that the
provisions of subsection (b)(4) of this section, relating to
continuation of service pending replacement, shall continue to
apply.