Sec. 101. Americas Institute for Digital Governance
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/bill/118/hr/7571/ih/section-101·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
There is established a nonprofit organization within the United States to be known as the Americas Institute for Digital Governance (in this title referred as the Institute ), which shall be responsible for the development and maintenance of the e-governance framework established under section 102. There shall be in the Institute a Board of Directors (in this section referred to as the Board ). The President shall request the head of government of each Americas partner country to appoint one member of the Board.
The President shall appoint the member of the Board representing the United States. The President shall request the head of government of each Americas partner country to determine a process for appointing the member of the Board to represent that country. A member of the Board shall serve on the Board for not more than 4 years. A member of the Board shall serve at the discretion of the Americas partner country the member represents and may be removed pursuant to a process determined by the government of that country.
A member of the Board may be removed by a vote of 2/3 of the members of the Board. In the event that a member of the Board is removed under subparagraph
(D)or dies or is otherwise deemed unable to serve the remainder of the term of the member, the government of the Americas partner country the member represented shall appoint an individual to serve out the remainder of that term pursuant to a process determined by that government. A member of the Board shall fully disclose the financial assets of the member and divest from any holdings, such as stocks or other equities, that relate to any private entity that conducts business with the Institute. A member of the Board shall place the assets of the member in a blind trust for the duration of the term of the member on the Board. An individual may not be appointed as a member of the Board if a relative of the individual is an elected official in an Americas partner country. The Board may impose such other ethics and disclosure requirements as the Board considers appropriate. Each member of the Board shall have an equal vote in all matters. The Board shall meet not less frequently than once every 90 days. Members of the Board representing a majority of the total votes on the Board are required to be present to constitute a quorum. There shall be a chairperson of the Board, who shall— be elected by a majority vote of the Board from among members of the Board; and preside over meetings of the Board. For purposes of determining a majority vote of the Board, vacancies that have not been filled shall not be counted toward any total. A member of the Board may request information from the Institute and provide that information to the government of the Americas partner country the member represents unless the chairperson of the Board determines that sharing that information may violate the privacy of a user of the e-governance system, endanger cyber security, or violate any applicable law. There shall be a Chief Executive of the Institute, who— shall— be elected and appointed by the majority vote of the Board; and be vested with the full executive authority of the Institute; and may be removed by a majority vote of the Board. The Chief Executive may— appoint such employees, including managers, assistant managers, officers, attorneys, and agents, as the Chief Executive considers necessary; define the compensation (subject to subparagraph (B)) and duties of those employees; and establish a system of organization to fix responsibility and promote efficiency. The salaries of officers and employees of the Institute shall be equivalent to the salaries provided for under the General Schedule under section 5332 of title 5, United States Code. No regular officer or employee of the Institute may receive a salary that exceeds the salary of the Chief Executive. Except as otherwise specifically provided in this Act, the Institute— shall have succession in its corporate name; may sue and be sued in its corporate name; may adopt and use a corporate seal, which shall be judicially noticed; may make contracts; may adopt, amend, and repeal bylaws; and may purchase or lease, hold, and dispose of such real and personal property as the Institute deems necessary or convenient in the transaction of its business. In this section, the term nonprofit organization means an organization— described in section 501(c)(3) of the Internal Revenue Code of 1986; and exempt from tax under section 501(a) of such Code.