Title 20, EducationRelease 119-110

§5603 Establishment of Morris K. Udall and Stewart L. Udall Foundation

Title 20 › CHAPTER 66 — MORRIS K. UDALL AND STEWART L. UDALL FOUNDATION › § 5603

Last updated Sep 23, 2026|Official source

Summary

Creates the Morris K. Udall and Stewart L. Udall Foundation as an independent part of the executive branch. The Foundation is run by a 13-member Board of Trustees. Eleven members vote. The President appoints most trustees, and those appointees must be approved by the Senate. Two trustees are chosen after the President considers a recommendation from the Speaker of the House, who consults the House Minority Leader. Two are chosen after the President considers a recommendation from the President pro tempore of the Senate, who consults the Senate Majority and Minority Leaders. Five are appointed by the President (no more than three from the same political party) and must have leadership or interest in either the environment or in improving health and self-governance for Native American and Alaska Native communities (examples: leaders of major environmental foundations or tribal health and policy leaders). The Secretary of the Interior and the Secretary of Education (or their designees) are voting members by virtue of their jobs but cannot be chair. The President of the University of Arizona and the chair of the President’s Council on Environmental Quality are nonvoting members by virtue of their jobs and cannot be chair. Trustees serve six-year terms. For the first group of trustees, the President will assign staggered terms of two, four, or six years as laid out by the law. A person appointed to fill a vacancy serves the rest of that term and is chosen the same way as the original appointee. Trustees get no salary but are paid back for travel, lodging, and other necessary expenses. The Foundation is located in Tucson, Arizona, and in Washington, D.C. The Board hires an Executive Director to run the Foundation. The Executive Director is the chief executive, follows the Board’s direction, and is paid at a rate the Board sets under section 5383 of title 5.

Full Legal Text

Title 20, §5603

Education, Source: USLM XML via OLRC

(a)Establishment
There is established as an independent entity of the executive branch of the United States Government, the Morris K. Udall and Stewart L. Udall Foundation.
(b)Board of Trustees
The Foundation shall be subject to the supervision and direction of the Board of Trustees. The Board shall be comprised of thirteen trustees, eleven of whom shall be voting members of the Board, as follows:
(1)Two Trustees, shall be appointed by the President, with the advice and consent of the Senate, after considering the recommendation of the Speaker of the House of Representatives, in consultation with the Minority Leader of the House of Representatives.
(2)Two Trustees, shall be appointed by the President, with the advice and consent of the Senate, after considering the recommendation of the President pro tempore of the Senate, in consultation with the Majority and Minority Leaders of the Senate.
(3)Five Trustees, not more than three of whom shall be of the same political party, shall be appointed by the President with the advice and consent of the Senate, who have shown leadership and interest in—
(A)the continued use, enjoyment, education, and exploration of our Nation’s rich and bountiful natural resources, such as presidents of major foundations involved with the environment; or
(B)in the improvement of the health status of Native Americans and Alaska Natives and in strengthening tribal self-governance, such as tribal leaders involved in health and public policy development affecting Native American and Alaska Native communities.
(4)The Secretary of the Interior, or the Secretary’s designee, who shall serve as a voting ex officio member of the Board but shall not be eligible to serve as Chairperson.
(5)The Secretary of Education, or the Secretary’s designee, who shall serve as a voting ex officio member of the Board but shall not be eligible to serve as Chairperson.
(6)The President of the University of Arizona shall serve as a nonvoting, ex officio member and shall not be eligible to serve as chairperson.
(7)The chairperson of the President’s Council on Environmental Quality, who shall serve as a nonvoting, ex officio member and shall not be eligible to serve as chairperson.1
(c)Term of office
(1)In general.—
The term of office of each member of the Board shall be six years, except that—
(A)in the case of the Trustees first taking offices—
(i)as designated by the President, one Trustee appointed pursuant to subsection (b)(2) and two trustees appointed pursuant to subsection (b)(3) shall each serve two years; and
(ii)as designated by the President, one Trustee appointed pursuant to subsection (b)(1) and two Trustees appointed pursuant to subsection (b)(3) shall each serve four years; and
(iii)as designated by the President, one Trustee appointed pursuant to subsection (b)(1), one Trustee appointed pursuant to subsection (b)(2), and one Trustee appointed pursuant to subsection (b)(3) shall each serve six years;
(B)a Trustee appointed to fill a vacancy shall serve for the remainder of the term for which the Trustee’s predecessor was appointed and shall be appointed in the same manner as the original appointment for that vacancy was made; and
(C)a Trustee may serve after the expiration of the Trustee’s term until a successor has been chosen.
(d)Travel and subsistence pay
Trustees shall serve without pay, but shall be entitled to reimbursement for travel, subsistence, and other necessary expenses incurred in the performance of their duties as members of the Board.
(e)Location of Foundation
The Foundation shall be located in Tucson, Arizona and the District of Columbia.
(f)Executive Director
(1)In general
There shall be an Executive Director of the Foundation who shall be appointed by the Board. The Executive Director shall be the chief executive officer of the Foundation and shall carry out the functions of the Foundation subject to the supervision and direction of the Board. The Executive Director shall carry out such other functions consistent with the provisions of this chapter as the Board shall prescribe.
(2)Compensation
The Executive Director of the Foundation shall be compensated at a rate determined by the Board in accordance with section 5383 of title 5.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2019—Subsec. (e). Pub. L. 116–94 substituted “Arizona and the District of Columbia.” for “Arizona.” 2009—Pub. L. 111–90, § 5(1), substituted “and Stewart L. Udall” for “Scholarship and Excellence in National Environmental Policy” in section catchline. Subsec. (a). Pub. L. 111–90, § 5(2), substituted “and Stewart L. Udall” for “Scholarship and Excellence in National Environmental Policy”. Subsec. (f)(2). Pub. L. 111–90, § 5(3), substituted “a rate determined by the Board in accordance with section 5383 of title 5” for “the rate specified for employees in level IV of the Executive Schedule under section 5315 of title 5”. 1998—Subsec. (b). Pub. L. 105–156, § 3(1), substituted “thirteen” for “twelve” in introductory provisions. Subsec. (b)(7). Pub. L. 105–156, § 3(2), added par. (7). 1996—Subsec. (c)(1)(C). Pub. L. 104–208 added subpar. (C).

Reference

Citations & Metadata

Citation

20 U.S.C. § 5603

Title 20, Education

Last Updated

Sep 23, 2026

Release point: 119-110