§4703 — Title 20 Education | U.S. Code

Summary

Creates the Barry Goldwater Scholarship and Excellence in Education Foundation as an independent agency in the executive branch. A 13-member Board of Trustees runs the Foundation. The board includes two Senators (one picked by the Senate majority leader and one by the minority leader), two Representatives (one picked by the House majority leader and one by the minority leader), eight members appointed by the President with Senate approval (no more than four from the same political party), and the Secretary of Education (or the Secretary’s designee) as a non‑chair member. Board members serve six-year terms. At the start, the President will set staggered terms: four members for two years, five for four years, and four for six years. If someone fills a vacancy, they finish that term and are chosen the same way the original person was. Congressional members may not serve more than six years total. Board members do not get a salary but are repaid for travel and other necessary expenses.

Title 20, §4703

Education — Source: USLM XML via OLRC

(a)There is established, as an independent establishment of the executive branch of the United States Government, the Barry Goldwater Scholarship and Excellence in Education Foundation.

(b)The Foundation shall be subject to the supervision and direction of the Board of Trustees. The Board shall be composed of 13 members, as follows:

(1)Two members from the Senate, one appointed by the majority leader and one appointed by the minority leader of the Senate.

(2)Two members from the House of Representatives, one appointed by the majority leader and one appointed by the minority leader of the House of Representatives.

(3)Eight members, not more than four of whom shall be of the same political party, to be appointed by the President, by and with the advice and consent of the Senate.

(4)The Secretary of Education, or his designee, who shall serve ex officio as a member of the Board but shall not be eligible to serve as Chairman.

(c)(1)The term of office of each member of the Board shall be six years, except that—

(A)the members first taking office shall serve as designated by the President, four for terms of two years, five for terms of four years, and four for terms of six years;

(B)a member appointed to fill a vacancy shall serve for the remainder of the term for which his predecessor was appointed and shall be appointed in the same manner as the original appointment for that vacancy was made; and

(C)notwithstanding the term limitation provided for under this paragraph, a member appointed under subsection (b) may continue to serve under such appointment until the successor to the member is appointed.

(2)A Member of Congress appointed to the Board under clause (1) or (2) of subsection (b) may not serve as a member of the Board for more than a total of six years.

(d)Members of the Board shall serve without pay, but shall be entitled to reimbursement for travel, subsistence, and other necessary expenses incurred in the performance of their duties.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1993—Subsec. (c)(1)(C). Pub. L. 103–160 added subpar. (C). 1991—Subsec. (b)(3). Pub. L. 102–190 struck out before period at end “, at least one of whom shall be a representative of the aerospace industry and at least one of whom shall be a representative of a private foundation concerned with aerospace education”. 1987—Subsec. (c)(2). Pub. L. 100–26 substituted “clause (1) or (2)” for “clause (2) or (3)”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1987 AmendmentAmendment by Pub. L. 100–26 applicable as if included in Pub. L. 99–661 when enacted on Nov. 14, 1986, see section 12(a) of Pub. L. 100–26, set out as a note under section 776 of Title 10, Armed Forces.

§4703 Establishment of Barry Goldwater Scholarship and Excellence in Education Foundation